Town of Plainville, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Plainville as indicated in article histories. Amendments noted where applicable.]
Board of Health penalties — See Ch. 675.
[Adopted 6-6-2011 ATM by Art. 26]
Every violation of the foregoing bylaws shall be punished by a fine of $200, unless a different fine is specifically provided for by these bylaws or by the General Laws. Such fines shall inure to the Town for such uses as it may direct.
All penalties for the violation of these bylaws shall be recovered by indictment or on complaint before the Wrentham District Court or by noncriminal disposition in accordance with the provisions of Article II of this Chapter 277.
[Adopted 6-6-2011 ATM by Art. 26]
In accordance with the provisions of MGL c. 40, § 21D, as amended, the following bylaw for the noncriminal disposition of violations is hereby adopted:
Any person taking cognizance of a violation of a specific bylaw, rule or regulation for which there is a specific penalty and which he is empowered to enforce, hereafter 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 Wrentham 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 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.
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, such 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.
Any person notified to appear before said Clerk of Court may so appear and confess the offense charged, either personally or through a duly authorized agent, or may mail to the Plainville Town Clerk, together with said written notice, the sum of money fixed by the Town as the penalty for violation of the bylaw, rule or regulation. Such payment shall, if mailed, be made only by postal note, money order or check. Upon receipt of such notice and payment, the Town Clerk shall forthwith notify the said Clerk of Court of such payment, and the receipt by the Clerk of Court of such notification shall operate as a final disposition of the case. Any appearance made before said Clerk of Court hereunder shall not be deemed to be a criminal proceeding.
The notice to appear provided for herein shall be printed in such form as the Chief Justice of the District Court shall prescribe.
For the purposes of this bylaw, the "enforcing person" shall mean any police officer of the Town, the Health Officer and health agents, the Inspector of Buildings or his designee, the Animal Control Officer and any other person who may be designated as the enforcing person in the applicable bylaw, rule or regulation.