[HISTORY: Adopted by the Town of Salisbury
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-22-1958 ATM by Art. 50 as Arts. I, XV, XVI and
XVII of the 1958 General Bylaws]
In construing these bylaws, the following words
shall have the meaning herein given unless a contrary intention clearly
appears:
Shall mean the person having the charge, operation or control
of the vehicle, horse or other animal upon a street.
Shall include all parks, playgrounds and public lands belonging
to or in charge of the Town, or any of its departments, and those
portions of public squares and places which do not form travelled
parts of public ways.
Shall include highways, Town ways, public ways and all public
streets, road, bridges, alleys, courts and sidewalks, and those portions
of public squares and places which form travelled parts of public
ways.
Shall include all vehicles and conveyances (except street
or trolley cars), whether on wheels or runners, however drawn, propelled
or moved, and any animal harnessed thereto.
[Amended 10-23-2006 ATM by Art. 2]
If any provision of this bylaw is declared unconstitutional
or illegal by final judgment, order or decree of the Supreme Judicial
Court of the Commonwealth or any other court of competent jurisdiction,
the validity of the remaining provisions of this bylaw shall not be
affected thereby.
[Amended 10-23-2006 ATM by Art. 2; 10-24-2016 ATM by Art. 10]
Except as otherwise required by law, these bylaws
may be added to, amended or repealed by a majority vote at any Town
Meeting, regular or special, provided that an article is included
in the warrant therefor calling for the same. Notwithstanding the
previous sentence, the Town Clerk shall be authorized to make nonsubstantive
changes to the numbering of various bylaws within the Code of the
Town of Salisbury in order that the numbering of amendments thereto
and other consequent renumbering changes resulting therefrom be in
compliance with the numbering format of said Code.
All bylaws or parts of bylaws heretofore in
force shall become effective when the latter are approved and published
as required by statute.
[Amended 5-16-1978 ATM by Art. 30; 10-24-2016 ATM by Art. 10]
Any person or persons, firm or corporation violating
any of the provisions of these bylaws shall be punished therefor by
a fine of $300 for each offense unless some different penalty is imposed
by law.
[Added 5-14-1984 ATM by Art. 18]
A.Â
Any person taking cognizance of a violation of a specific
ordinance, 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 acknowledgement that
such notice has been received.
B.Â
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, department or 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.
C.Â
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 court before which the offender has
been notified to appear. The clerk of each district court and of the
Boston Municipal Court shall maintain a separate docket of all such
notices to appear.
D.Â
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 ordinance, 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. An appearance under this subsection shall not be deemed to be
a criminal proceeding. No person so notified to appear before the
clerk of a district court shall be required to report to any probation
officer, and no record of the case shall be entered in any probation
records.
[Amended 10-24-2016 ATM
by Art. 10]
E.Â
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, 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. Proceedings held
pursuant to this subsection shall not be deemed to be criminal proceedings.
No person disposing of a case by payment of such a penalty shall be
required to report to any probation officer as a result of such violation,
nor shall any record of the case be entered in the probation records.
F.Â
If any person so notified to appear before the clerk
of a district court fails to pay the fine provided hereunder within
the time specified or, having appeared, does not confess the offense
before the clerk or pay the sum of money fixed as a penalty after
a hearing and finding as provided in the preceding subsection, the
clerk shall notify the enforcing person who issued the original notice,
who shall determine whether to apply for the issuance of a complaint
for the violation of the appropriate ordinance, bylaw, rule or regulation.
[At the Annual Town Meeting on October 23,
2006, under Articles 1 through 5, it was voted to accept the renumbering
of the General Bylaws and Zoning Bylaw as set forth in Parts I and
II of this Code and to adopt certain changes to the General Bylaws
and Zoning Bylaw. Copies of Articles 1 through 5 on are file in the
office of the Town Clerk.]
