Town of Nantucket, MA Article II Noncriminal Disposition of Bylaw and Regulation Violations

[Adopted 4-6-1982 ATM by Art. 32, approved 10-4-1982]

§ 1-2 Statutory authority.

This article is adopted in conformance with the provisions of MGL c. 40, § 21D, to provide for noncriminal disposition of violations of any bylaw or any rule or regulation of any municipal officer, board or department, the violation of which is subject to a specific penalty.

§ 1-3 Notice to be served.

A. Any person taking cognizance of a violation of a specific 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 acknowledgment that such notice has been received.

B. Any person who is found to be in violation of any bylaw or rule or regulation of any municipal officer, board or department, who fails to provide his/her true name, address and/or other verifiable information to a police officer so that a noncriminal violation notice may be issued for such violation, and after having been warned that such failure to provide said information may result in his/her arrest, may be arrested, in accordance with any applicable law of the Commonwealth, and brought before the Trial Court of the Commonwealth District Court, Nantucket Division, upon a complaint being made for a violation of this section.

[Added 4-8-1996 ATM by Art. 42, approved 7-15-1996]

§ 1-4 Mailing of notice.

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.

§ 1-5 Copies of notice to be kept.

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 District Court.

§ 1-6 Final disposition.

For any person who has been notified to appear before the Clerk of the District Court as hereinbefore provided, final disposition of the case shall be in conformance with the provisions of MGL c. 40, § 21D.