[HISTORY: Art. I adopted by the Annual Town
Meeting 4-17-1990 by Art. 19. Amendments noted where applicable.]
[Adopted ATM 4-17-1990 by Art. 19]
This Article is adopted by the Town of Southwick
under its home rule powers, its police powers to protect public health
and welfare and its specific authorization under MGL C. 40, §§ 21
and 21D.
The purpose of this Article is to protect, preserve
and maintain the public health, safety and welfare whenever there
is in force a state of water supply emergency by providing for enforcement
of any imposed restrictions, requirements, provisions or conditions
imposed by the town or by the Massachusetts Department of Environmental
Protection and included in the town's plan approved by the Massachusetts
Department of Environmental Protection to abate the emergency.
For the purpose of this Article, the following
terms shall have the meanings indicated:
The town's Board of Water Commissioners or other department
or board having responsibility for the operation and maintenance of
the water supply, the Health Department, the town police, special
police and any other locally designated body having police powers,
and the Board of Selectmen.
A state of water supply emergency declared by the Massachusetts
Department of Environmental Protection pursuant to Massachusetts General
Laws, Chapter 21G, MGL C. 111, § 160, or by the Governor
of the Commonwealth.
The following shall apply to all users of water
supplies supplied by the town:
A.
Following notification by the town of the existence
of a state of water supply emergency, no person shall violate any
provision, condition, requirement or restriction included in a plan
approved by the Massachusetts Department of Environmental Protection
which has as its purpose the abatement of a water supply emergency.
B.
Notification of any provision, restriction, requirement
or condition with which users of water supplied by the town are required
to comply to abate a situation of water emergency shall be sufficient
for purposes of this Article if it is published in a newspaper of
general circulation within the town or by such other notice as is
reasonably calculated to reach and inform all users of the town supply.
Any person or entity who violates this Article
shall be liable to the town in the amount of $50 for the first violation
and $100 for each subsequent violation which shall inure to the Town
of Southwick for such uses as the town may direct. Each separate instance
of noncompliance following the issuance of any warning or citation
pursuant to this section shall constitute a separate violation. Fines
shall be recoverable by indictment or a complaint before the District
Court Department of the Trial Court. As an alternative to initiating
such proceedings to enforce this Article, the town may elect to utilize
the following noncriminal disposition procedure incorporated in MGL
C. 40, § 21D, as amended.
A.
The Board of Water Commissioners, the Board of Selectmen
or the Police Department shall 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 Board of Water Commissioners, by
a member of the Police Department or by the Board of Selectmen, as
the case may be, and shall also be signed by the offender whenever
practicable in acknowledgment that such notice has been received.
B.
A copy of the notice shall, if possible, be delivered
to the offender at the time and place of the violation. If it is not
possible to deliver a copy of said notice to the offender at that
time and place of violation, said copy shall be mailed or delivered
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 subsection 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, as
the case may be, 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 such clerk with the notice such specific sum
of money not exceeding $100 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.
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, with
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 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 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 limits of its jurisdiction, the Housing Courts
of the County of Hampden.
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, and as the Chief Justice of the
Housing Court shall prescribe for the Housing Court. Said notice may
also include notice of violations pursuant to these bylaws and to
MGL C. 85, § 11C; MGL C. 90, § 18A; MGL C. 270,
§ 16A; and MGL C.140, § 173A. Any fine imposed
under the provisions of this section shall inure to the Town of Southwick
for such use as the town may direct.
Agents of the enforcement authority may enter
upon any property for the purpose of inspecting or investigating any
violation of this Article or enforcing against the same.
