[Adopted 4-6-1982 ATM by Art. 32, approved
10-4-1982]
This article is adopted in conformance with
the provisions of MGL c. 40, § 21D, to provide for noncriminal
disposition of violations of any bylaw or any rule or regulation of
any municipal officer, board or department, the violation of which
is subject to a specific penalty.
A.
Any person taking cognizance of a violation of a specific
bylaw, rule or regulation which he is empowered to enforce, hereinafter
referred to as the "enforcing person," as an alternative to initiating
criminal proceedings, may give to the offender a written notice to
appear before the Clerk of the District Court having jurisdiction
thereof at any time during office hours, not later than 21 days after
the date of such notice. Such notice shall be in triplicate and shall
contain the name and address, if known, of the offender, the specific
offense charged, and the time and place for his required appearance.
Such notice shall be signed by the enforcing person and shall be signed
by the offender, whenever practicable, in acknowledgment that such
notice has been received.
B.
Any person who is found to be in violation of any
bylaw or rule or regulation of any municipal officer, board or department,
who fails to provide his/her true name, address and/or other verifiable
information to a police officer so that a noncriminal violation notice
may be issued for such violation, and after having been warned that
such failure to provide said information may result in his/her arrest,
may be arrested, in accordance with any applicable law of the Commonwealth,
and brought before the Trial Court of the Commonwealth District Court,
Nantucket Division, upon a complaint being made for a violation of
this section.
[Added 4-8-1996 ATM by Art. 42, approved
7-15-1996]
The enforcing person shall, if possible, deliver
to the offender a copy of said notice at the time and place of the
violation. If it is not possible to deliver a copy of said notice
to the offender at the time and place of the violation, said copy
shall be mailed or delivered by the enforcing person or by his commanding
officer or the head of his department or by any person authorized
by such commanding officer or department head to the offender's last
known address, within 15 days after said violation. Such notice as
so mailed shall be deemed a sufficient notice, and a certificate of
the person so mailing such notice that it has been mailed in accordance
with this section shall be prima facie evidence thereof.
At or before the completion of each tour of
duty or at the beginning of the first subsequent tour of duty, the
enforcing person shall give to his commanding officer or department
head those copies of each notice of such a violation he has taken
cognizance of during such tour which have not already been delivered
or mailed by him as aforesaid. Said commanding officer or department
head shall retain and safely preserve one copy and shall, at a time
not later than the next court day after such delivery or mailing,
deliver the other copy to the Clerk of the District Court.
For any person who has been notified to appear
before the Clerk of the District Court as hereinbefore provided, final
disposition of the case shall be in conformance with the provisions
of MGL c. 40, § 21D.
