[Adopted as Ch. 1, Art. I, §§ 1-3, 1-9 and
1-10, of the 2002 Bylaws]
[Amended 5-21-1997; approved
by AG 9-14-1997]
Whoever shall offend against or fail to comply with any of the
provisions of these ordinances shall, unless some other penalty is
provided by law or by an ordinance of the Town, for each and every
offense forfeit and pay a penalty of not less than $25 and not more
than $300, all pursuant to MGL c. 40, § 21 and/or 21D. All
fines recovered under this section shall inure to the benefit of the
Town.
A.
Pursuant to MGL c. 40, § 21D, the following noncriminal
disposition is provided for violations of the Town Code or any rule
or regulation of any municipal officer or department, the violation
of which is subject to specific penalty.
(1)
Any persons taking cognizance of a violation of the above of which
he/she is empowered to enforce, hereinafter referred to as the "enforcing
person," as an alternative to initiating criminal proceedings, may
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/her 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.
(2)
The enforcing person shall, if possible, deliver to the offender
a copy of said notice at the time and place of 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,
department, or head, to the offender's last known address, within
15 days after said violation. Such notice, 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.
(3)
Any person notified to appear before the Clerk of the Greenfield
District Court 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
for violation of the ordinance. 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. Upon
receipt of such notice, the Town Clerk shall forthwith notify the
Greenfield District Court Clerk of such payment, and the receipt by
the Greenfield District Court Clerk of such notification shall operate
as final disposition of the case. 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.
[Amended 4-16-1997; approved
by AG 9-17-1997]
(4)
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, 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 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 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. Proceedings held pursuant to this subsection
shall not be deemed to be criminal proceedings. No person disposing
of a case by payment of such a penalty shall be required to report
to any probation office as a result of such violation, nor shall any
record of the case be entered in the probation records.
(5)
If any person so notified to appear before the clerk of the district
court fails to pay the fine provided for hereunder within the time
specified or, having appeared, does not confess the offense before
the clerk or pay the sum of money fixed as 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 ordinance.
B.
All fines recovered under this section shall inure to the benefit
of the Town.
Whenever any provision of these ordinances imposes a duty and
affixes a penalty for the neglect or violation thereof, if such neglect
or violation shall nevertheless occur, the Mayor may perform or cause
the performance of such duty, at the expense of the persons liable
to perform the same; and such expense may be recovered in contract
by the Town.
