[HISTORY: Adopted by the Town Meeting of the Town of Marshfield
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. 2 of the General Bylaws; amended 10-18-2004 STM by Art.
6]
Pursuant to the civil infraction procedures set forth in MGL
c. 40, § 21D, the noncriminal disposition of the following
violations is hereby authorized: any violation of any Town bylaw.
The civil assessment for any violation shall be the amount(s)
set forth in the law, bylaw, order or regulation being enforced, or,
if no amount is set forth, the assessment shall be $300.
This bylaw is intended to comply fully with the provisions of
MGL c. 40, § 21D, and to authorize the noncriminal disposition
of the infraction set forth above pursuant to the civil infraction
procedure set forth therein, the provisions of which shall be controlling
in all instances in any case in which the enforcement officer elects
to proceed with the noncriminal disposition of an alleged violation
of any bylaw.
In addition to police officers, who shall in all cases be considered
enforcing persons for the purpose of this provision, the municipal
personnel charged with enforcing a particular bylaw or regulation,
if any, shall also be enforcing persons for such bylaw or regulation.
Each day during which a violation exists shall be deemed to be a separate
offense.
[Adopted 1996 ATM by Art. 25 (Art. 72, § 1, of
the General Bylaws)]
A.
Whoever violates any provisions of the rules and regulations of the
Board of Health may be penalized by a noncriminal disposition as provided
in MGL c. 40, § 21D. The noncriminal method of disposition
may be used for violations of any rule or regulation of the Board
of Health which is subject to a specific penalty. Without intending
to limit the foregoing, it is the intention of this section that the
following rules and regulations be included within the scope of this
subsection, that the specific penalties, as listed here, shall apply
in such cases and that the municipal personnel listed for each section,
if any, shall be enforcing persons for such section.
[Amended 4-24-2017 ATM
by Art. 10]
B.
A violation of the following listed regulatory provisions may be dealt with in a noncriminal manner as provided by Subsection A of this section. Each day on which any violations exist shall be deemed to be a separate offense.
(1)
Board
of Health regulations regarding the sale and distribution of tobacco
in the Town of Marshfield:[1]
