[HISTORY: Adopted by the Town of Abington 4-3-2006 ATM by Art. 8.[1] Amendments noted where applicable]
[1]
Editor's Note: This Article also superseded
former Ch. 1, General Provisions, Art. I, General Penalty, derived
from Ch. 9, Sec. 1, of the 1992 Town of Abington Bylaws, as amended.
[Amended in is entirety 4-2-2012 ATM by Art. 15A[1]]
[1]
Editor’s Note: Subsequent amendments noted where applicable.
Any Bylaw of the Town of Abington may be enforced through any
lawful means in law or in equity including but not limited to enforcement
by criminal indictment or on complaint before the district court pursuant
to MGL c. 40, § 21. Each day that a violation exists shall
constitute a separate offense. A fine of up to $300 may be imposed
for each violation.
A.
Any
Bylaw of the Town of Abington, or rule or regulation of its officers,
boards or departments adopted at a public meeting for which notice
is posted on the Town website and bulletin board for a two-week period
prior to the meeting, and which is on file with the Town Clerk, may
in the discretion of the Town official who is the appropriate enforcing
person, be enforced through non-criminal disposition as provided in
MGL c. 40, § 21D. The specific penalty for purposes of non-criminal
disposition for each such violation, if not otherwise specified, shall
be as follows;
[Amended 6-6-2016 ATM by Art. 9]
|
First violation
|
Warning
| |
|
Second violation
|
$50
| |
|
Third violation
|
$100
| |
|
Fourth violation
|
$200
| |
|
Fifth and subsequent violations
|
$300
|
B.
Each
day a violation exists shall constitute a separate violation for purposes
of this Bylaw.
C.
The
term "enforcing person" as used in this Bylaw shall mean: any Town
of Abington police officer with respect to any offense; as well as
the Building Inspector and his designee, the members of the Conservation
Commission and its designee, the members of the Board of Health, its
Health Agent or other designee, the Sealer of Weights and Measures
and the Sealer's designee and such other officials as the Board
of Selectmen may from time to time designate, each with respect to
violation of Bylaws, rules and regulations within their respective
jurisdictions. If more than one official has jurisdiction in a given
case, any such official may be an enforcing person with respect thereto.
D.
The
fines set forth in the notice of violation issued in accordance with
this Bylaw shall be payable to the Town within 21 days of the date
set forth on the notice or, if the person so notified seeks to contest
the violation, such person may request a hearing before the District
Court. The person so notified may also seek to resolve the matter
locally by appealing the issuance of the notice, in writing, to the
Town Manager no later than 14 days following the date of the notice
of violation. The Town Manager or the Manager's designee shall,
no later than 20 days following the date of the notice of violation,
decide the appeal, or hold a hearing to determine such additional
facts as may be necessary. If the person so notified is dissatisfied
with the Town Manager's determination and resolution, they may
contest the violation as set forth in the notice by seeking a hearing
before the District Court in accordance with MGL c.40, § 21D.
The Manager's failure to make a determination within the time
set forth herein shall be construed for purposes of this paragraph
as a determination to void the notice of violation.
Any reference within these Bylaws to a regulation
or statute enacted by the Commonwealth of Massachusetts shall incorporate
by reference the provisions of said regulation or statute, as they
may be amended in the future. In the event the provisions of a Bylaw
conflict with the provisions of state regulation or statute, the more
restrictive and/or more definitive provisions shall prevail, unless
otherwise mandated by law.
All references in these Bylaws to the "Town
website" or "Town's website" shall mean the official Town website
registered and operated by the Town of Abington.
[Added 6-6-2016 ATM by Art. 9]
The Town Clerk shall hereby be authorized to assign appropriate
numbers to Bylaw sections, subsections, paragraphs and subparagraphs,
where none are approved by Town Meeting, and, if such are approved
by Town Meeting, after consultation with the Town Manager, to make
non-substantive, editorial revisions to ensure consistent and appropriate
sequencing and numbering, provided that such editorial revisions shall
be identified by a footnote or other convention.
