A.
Pursuant to the authority of MGL c. 40, § 21D, to which reference is made for any procedural matters not specified herein, any Enforcing Person as defined herein taking cognizance of a violation of a specific Town bylaw or rule or regulation of the Board of Health which he or she is empowered to enforce may as an alternative to initiating criminal proceedings, give 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.
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 so deliver a copy of said notice, said copy shall be mailed or delivered by the Enforcing Person, or by his or her commanding officer or the head of his or her 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. A certificate shall be made by the person so mailing such notice that it has been mailed in accordance with this bylaw and MGL c. 40, § 21D.
C.
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 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.
D.
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 or MGL c. 40, § 21D, 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.
E.
For purposes of the bylaw, "Enforcing Person" shall any police officer of the Town, the Health Agent or his or her designee.