[Adopted STM 9-30-1974 by Art. 9 as Ch. I of the 1975 Bylaws]
These bylaws[1] shall be known and designated as the "Bylaws of the Town
of Southwick."
[1]
Editor's Note: "These bylaws" refers to the bylaws included in Division 1 of the Code of the Town of Southwick. This Chapter 1, General Provisions, Articles I, II and III, applies to Division 1 only. Legislation included in Divisions 2, 3 and 4 is legislation adopted by bodies other than the Town Meeting.
All bylaws or parts of bylaws heretofore adopted,
which are inconsistent with the provisions of these bylaws, are hereby
repealed and annulled, but the provision of these bylaws, as far as
the same are identical with the provisions of bylaws heretofore adopted,
shall be construed as a continuation hereof.
The repeal of a bylaw heretofore adopted shall
not affect any act done, ratified or confirmed, or any right established,
nor any action, suit or proceeding commenced, nor shall the repeal
affect any punishment, penalty or forfeiture incurred under such bylaw.
The following rules of construction shall be
observed in construing these bylaws, unless inconsistent with the
manifest intent or the context:
A.
Words importing the singular shall include the plural;
words importing the plural shall include the singular; and words importing
the masculine gender shall include the feminine.
B.
The words "street," "ways" and "highways" shall be
construed to include all public ways, town ways, highways, bridges,
streets, alleys, sidewalks and those parts of public places which
form traveled parts of highways, so far as such construction is not
repugnant to law.
C.
The word "owner" applied to a building or land shall
include any part owner, joint owner, tenant in common or joint tenant
of the whole or of a part of such building or land.
D.
The word "tenant" or "occupant" applied to a building
or land shall include any person who occupies the whole or a part
of such building or land either alone or with other persons.
E.
The word "person" shall include corporations, societies,
associations or partnerships, and the words "head of department" shall
include boards and officers.
F.
Words purporting to give joint authority to three
or more officers or other persons shall be construed as granting such
authority to a majority of such officers or persons.
G.
Words prohibiting anything from being done except
in accordance with a license, permit or authority from a board or
officer shall be construed as giving such board or officer power to
license, permit or authorize such a thing to be done.
[Amended ATM 4-17-1991 by Art. 17; STM 11-19-1992 by Art. 10; STM 10-13-1994 by Art. 3]
Whoever shall offend against or fail to comply with any of the provisions of these bylaws or Chapter 185, the Zoning Bylaw, of the Town of Southwick shall, unless some other penalty is provided by law or by a bylaw of the Town, for each and every offense pay a fine of not more than $300. Each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of the bylaw violated shall constitute a separate offense.
[Added ATM 4-17-1991 by Art. 17; amended STM 11-19-1992 by Art. 10;
STM 10-13-1994 by Art. 3]
As an alternative to initiating criminal proceedings
to enforce any ordinance or bylaw of the Town or any rule or regulation
of any municipal officer, board or department, the violation of which
is subject to a specific penalty, the noncriminal disposition procedure
set forth in MGL C. 40, § 21D, as amended, may be utilized.
A.
Any person taking cognizance of a violation of a specific
ordinance, bylaw, rule or regulation which he or she is empowered
to enforce, hereinafter referred to as the "enforcing person," 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 the offender's 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 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 or department 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.
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.
D.
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 the Town Clerk together 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. Upon receipt of such notice, the Town Clerk shall
forthwith notify the district court clerk of such payment, and the
receipt by the district court clerk of such notification 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.
E.
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.
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.
G.
As used in this section, the term "district court"
shall include, within the limits of their jurisdiction, the divisions
of the housing court department of the trial court.
H.
The notice to appear provided for herein shall be
printed in such form as the chief justice of the district courts shall
prescribe for the district courts. Said notice may also include notice
of violations pursuant to MGL C. 85, § 11C; MGL C. 90, § 18A;
MGL C. 140, § 173A; and MGL C. 270, § 16A. Any
fines imposed under the provisions of this section shall inure to
the Town for such use as the Town may direct. This procedure shall
not be used for the enforcement of municipal traffic rules and regulations.
Massachusetts General Laws Chapter 90C shall be the exclusive method
of enforcement of municipal traffic rules and regulations.
These bylaws may be altered, amended or repealed
at any Town Meeting, provided that the warrant for such meeting shall
contain an Article or Articles setting forth the substance of the
proposed alteration, amendment or repeal.
These bylaws shall take effect when duly adopted
by a Town Meeting, approved by the Attorney General of the Commonwealth
of Massachusetts and published or posted pursuant to MGL C. 40, § 32,
as amended.
[Added STM 11-19-1992 by Art. 9; amended STM 10-13-1994 by Art. 4;
ATM 4-16-1996 by Art. 18]
A.
The civil infraction procedures set forth in §§ 1-5 and 1-6 of the Code may be used for the noncriminal disposition of violations of any ordinance, bylaw or any rule or regulation of any municipal officer, board or department, the violation of which is subject to a specific penalty. Notwithstanding the foregoing, such procedure shall not be used for the enforcement of municipal traffic rules and regulations.
B.
The penalty or civil assessment for each and every
such infraction shall be the sum of $100, unless some other penalty
or civil assessment is specifically provided for pursuant to a particular
statute or pursuant to any other provision of these bylaws, as amended.
In no event, however, shall the amount of the penalty or civil assessment
exceed the maximum fine, forfeiture or civil assessment established
by law for each such violation.
[Amended ATM 5-18-2010 by Art. 23]
