[HISTORY: Adopted by the Town Meeting of
the Town of Walpole as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Board of Health regulations — See
Division 4.
[Adopted as Article X, Sec. 4, of the 1973
General Bylaws, as updated through 2002]
A.
Pursuant to the authority of MGL c. 40, § 21D,
to which reference is made for any procedural matters not specified
herein, any Enforcing Person as defined herein taking cognizance of
a violation of a specific Town bylaw or rule or regulation of the
Board of Health which he or she is empowered to enforce may as an
alternative to initiating criminal proceedings, give 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.
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 so deliver a copy of said notice, said copy
shall be mailed or delivered by the Enforcing Person, or by his or
her commanding officer or the head of his or her department or by
any person authorized by such commanding officer, department or head
to the offender's last known address within 15 days after said violation.
A certificate shall be made by the person so mailing such notice that
it has been mailed in accordance with this bylaw and MGL c. 40, § 21D.
C.
Any person notified to appear before the clerk of
a district court as hereinbefore provided, may so appear and confess
the offense charged, either personally or through a duly authorized
agent or by mailing to such clerk with the notice such specific sum
of money not exceeding $300 as the Town shall fix as penalty for violation
of the bylaw, rule or regulation. Such payment shall, if mailed, be
made only by postal note, money order or check. The payment to the
clerk of such sum shall operate as a final disposition of the case.
D.
If any person so notified to appear desires to contest
the violation alleged in the notice to appear and also to avail himself
of the procedure established pursuant to this section or MGL c. 40,
§ 21D, he may, within 21 days after the date of the notice,
request a hearing in writing. Such hearing shall be held before a
district court judge, clerk or assistant clerk, as the court shall
direct, and if the judge, clerk or assistant clerk shall, after hearing,
find that the violation occurred and that it was committed by the
person so notified to appear, the person so notified shall be permitted
to dispose of the case by paying the specific sum of money fixed as
a penalty as aforesaid or such lesser amount as the judge, clerk or
assistant clerk, shall order, which payment shall operate as a final
disposition of the case. If the judge, clerk or assistant clerk shall,
after hearing find that the violation alleged did not occur or was
not committed by the person notified to appear, that finding shall
be entered in the docket, which shall operate as a final disposition
of the case.
E.
For purposes of the bylaw, "Enforcing Person" shall
any police officer of the Town, the Health Agent or his or her designee.
[Adopted as Article XI of the 1973 General
Bylaws, as updated through 2002]
The penalty for any violation of any bylaw shall
be $10, or such other amount as may be set in an individual article
or section of these bylaws, provided however that each day shall constitute
a separate violation.
A.
Pursuant to the authority of MGL c. 40, § 21D,
to which reference is made for any procedural matters not specified
herein, any Enforcing Person as defined herein taking cognizance of
a violation of a specific Town bylaw or rule or regulation which he
or she is empowered to enforce may as an alternative to initiating
criminal proceedings, give 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 or her 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.
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 so deliver a copy of said notice, said copy
shall be mailed or delivered by the Enforcing Person, or by his or
her commanding officer or the head of his or her 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.
A certificate shall be made by the person so mailing such notice that
it has been mailed in accordance with this bylaw and MGL c. 40, § 21D.
C.
Any person notified to appear before the clerk of
a district court as hereinbefore provided, may so appear and confess
the offense charged, either personally or through a duly authorized
agent or by mailing to such clerk with the notice such specific sum
of money, not exceeding $300, as the Town shall fix as penalty for
violation of the bylaw, rule or regulation. Such payment shall, if
mailed, be made only by postal note, money order or check. The payment
to the clerk of such sum shall operate as a final disposition of the
case.
D.
If any person so notified to appear desires to contest
the violation alleged in the notice to appear and also to avail themselves
of the procedure established pursuant to MGL c. 40, § 21D,
he or she may, within 21 days after the date of the notice, request
a hearing in writing. Such hearing shall be held before a district
court judge, clerk or assistant clerk, as the court shall direct,
and if the judge, clerk or assistant clerk shall, after the hearing,
find that the violation occurred and that it was committed by the
person so notified to appear, the person so notified shall be permitted
to dispose of the case by paying the specific sum of money fixed as
a penalty as aforesaid or such lesser amount as the judge, clerk or
assistant clerk, shall order, which payment shall operate as a final
disposition of the case. If the judge, clerk or assistant clerk shall,
after the hearing find that the violation alleged did not occur or
was not committed by the person notified to appear, that finding shall
be entered in the docket, which shall operate as a final disposition
of the case.
E.
For purposes of the bylaw, "Enforcing Person" shall
mean any police officer of the Town, any person so designated for
a specific article or section of these bylaws, any person so designated
in a rule or regulation.
[Amended 5-11-2005 SATM, Arts. 35, 36, 37,
38, 39, 40 and 41; 5-6-2013 SATM,
Art. 33; 5-7-2018 SATM, Art. 38; 10-21-2019 FATM, Art. 20]
For purposes of noncriminal disposition under
this bylaw, the following fines shall apply:
|
Bylaw — Code Chapter,
Article and/or Section
|
Fine
|
Enforcing Person(s)
|
|---|---|---|
|
$50
|
Fire Chief and Captains
| |
|
$100
|
Fire Chief and Captains
| |
|
$0 1st offense
$100 2nd offense
$200 3rd offense
$300 4th and subsequent offenses
|
Fire Chief or designee
| |
|
$50 per day
Each day of violation counted as a separate
violation.
|
Fire Chief or designee
| |
|
Chapter 246, Alcoholic Beverages
|
$50
|
Police officers
|
|
See § 252-10
|
Animal Control Officer
Deputy Animal Control Officer
Police officers
| |
|
Chapter 289, Disorderly Conduct
|
$200
|
Police officers
|
|
Chapter 318, Firearms and Weapons
|
$200
|
Police officers
|
|
Chapter 323, Fire Equipment
|
$200
|
Police officers
|
|
Chapter 336, Graffiti
|
$200
|
Police officers
|
|
Chapter 349, Demolition Procedures
|
$300
|
Building Inspector/Commissioner
|
|
Chapter 386, Marijuana, Public Use of
|
$100 1st offense
$200 2nd offense
$300 3rd and subsequent offenses
|
Select Board, its authorized agents, and police officers
|
|
$100 1st offense
$250 subsequent offenses
|
Police officers
| |
|
Chapter 448, Safety Equipment
|
$200
|
Police officers
|
|
Chapter 452, Scenic Roads
|
$300
|
Tree Warden,
Police officers
|
|
Chapter 476, Soliciting and Canvassing
|
$300
|
Police Officers
|
|
$200
|
Police officers
| |
|
Chapter 487, Stink Bombs and Other Vapor-Emitting Goods
|
$300
|
Police officers
|
|
$200
|
Fire Chief, Health Agent
S&W Commission Agent
| |
|
$50
|
Building Inspector
| |
|
Chapter 510, Streets and Sidewalks
|
$200
|
Police officers
|
|
Chapter 523, Town Property
|
$200
|
Police officers
|
|
$100
|
Police officers
| |
|
$200
|
Police officers
| |
|
Chapter 542, Vehicles, Off-Road
|
$300
|
Police officers
|
|
Chapter 548, Vehicles, Storage of
|
$200
|
Police officers
|
|
Chapter 554, Water Use Restrictions
|
See § 554-9
| |
|
Chapter 561, Wetlands Protection
|
$300
|
Conservation Commission
Conservation Agent
|
