[HISTORY: Adopted by the Town Meeting of
the Town of Middleton as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-14-2002 ATM by Art. 7]
Whoever violates any provision of these bylaws
may be penalized by indictment or on complaint brought in the District
Court. Except as may be otherwise provided by law and as the District
Court may see fit to impose, the maximum penalty for each violation,
or offense brought in such manner, shall be $300.
A.
In addition to the procedures for enforcement as described
above, the provisions of these bylaws and the Board of Health Regulations
entitled "Sale of Tobacco Products to Minors" may also be enforced
by noncriminal complaint pursuant to the provisions of MGL c. 40,
§ 21D.
[Amended 11-29-2005 STM by Art. 10]
B.
The Police Department, Building Commissioner, or in
cases concerning the enforcement of the Board of Health Regulations
entitled "Sale of Tobacco Products to Minors," agents of the Board
of Health, as an alternative to initiating criminal proceedings may
give to the offender a written notice to appear before the Clerk of
the Salem District Court 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
their required appearance. Such notice should be signed by a police
officer, Building Commissioner, or in cases concerning the enforcement
of the Board of Health Regulations entitled "Sale of Tobacco Products
to Minors," by an agent of the Board of Health, and shall be signed
by the offender whenever practicable in acknowledgement that such
notice has been received.
[Amended 5-14-2019 ATM
by Art. 21; 6-5-2021 ATM by Art. 28]
C.
The notice shall be served and all the procedures
followed as set out in said MGL c. 40, § 21D, as amended.
D.
Each day, or portion of a day, that any violation
is allowed to continue shall constitute a separate offense, beginning
with the date of receipt of the notice and order issued pursuant to
this bylaw. The penalty for violation of any provision of these bylaws
shall be as each bylaw provides, and if there is no penalty the following
shall apply:
[Amended 11-29-2005 STM by Art. 10]
E.
Without intending to limit the generality of the foregoing,
it is the intention of this provision that all bylaws and sections
of bylaws and the Board of Health Regulations entitled "Sale of Tobacco
Products to Minors" are to be included within the scope of this section,
that the specific penalties as set forth in the bylaws and sections
of the bylaws and the Board of Health Regulations entitled "Sale of
Tobacco Products to Minors" shall apply and that in addition to police
officers, who shall in all cases be considered enforcing persons for
the purpose of this provision, the municipal personnel listed for
each section, if any, and in cases concerning the enforcement of the
Board of Health Regulations entitled "Sale of Tobacco Products to
Minors" agents of the Board of Health shall also be enforcing persons
for such sections.
[Amended 11-29-2005 STM by Art. 10]
[At the Special Town Meeting held on November
29, 2005, under Articles 8 and 9, it was voted to accept the codification
of the General Bylaws of the Town of Middleton as set forth in Division
2 of this Code. Articles 8 and 9 were approved by the Attorney General
on March 15, 2006.]
