[HISTORY: Adopted by the Town Council of the Town of Agawam 12-21-1972
as § 28-1 and 11-7 of the Code of the Town of Agawam. Amendments
noted where applicable.]
It shall be unlawful to destroy or injure any of the town's property.
The Town Council is hereby authorized to offer a reward for information leading
to the conviction of any person violating this section.
A.
Whoever, without right, enters or remains in or upon
the dwelling house, buildings, boats or improved or enclosed land, wharf or
pier of another after having been forbidden so to do by the person who has
lawful control of said premises, either directly or by notice posted thereon,
or in violation of a court order pursuant to MGL C. 208, § 34(b),
MGL C. 209A, § 4, shall be punished by a fine of not more than $100
or by imprisonment for not more than 30 days, or both. Proof that a court
has given notice of such a court order to the alleged offender, shall be prima
facie evidence that the notice requirement of this section has been met. A
person who is found committing such trespass may be arrested by a sheriff,
deputy sheriff, constable or police officer and kept in custody in a convenient
place, not more than 24 hours, Sunday excepted, until a complaint can be made
against him for the offense and he can be taken upon a warrant issued upon
such complaint.
B.
This section shall not apply to tenants or occupants
of residential premises who, having rightfully entered said premises at the
commencement of the tenancy or occupancy, remain therein after such tenancy
or occupancy has been or is alleged to have been terminated. The owner or
landlord of said premises may recover possession thereof only through appropriate
civil proceedings.
