[Adopted 2-11-1992, approved 3-25-1992; amended 6-7-2011, approved 9-15-2011 (Art. 111 of the 2011 General By-Laws)]
A. 
The By-Law shall provide that any person taking cognizance of a violation of a By-Law, rule or regulation adopted by the Town, which he is empowered to enforce, hereinafter referred to as the enforcing person, as an alternative to initiating criminal proceedings shall, or, if so provided in such By-Law, 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 their 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.
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 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 the commanding officer or the department head 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.
C. 
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 their commanding officer or department head those copies of each notice of such a violation as had been taken cognizance of during such tour which have not already been delivered or mailed 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 court before which the offender has been notified to appear. The Clerk of each district court shall maintain a separate docket of all such notices to appear.
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 the town clerk of the municipality within which the violation occurred together with the notice such specific sum of money not exceeding $300 as the town shall fix as penalty for violation of the ordinance, By-Law, rule or regulation. Such payment shall if mailed be made only by postal not, money order or certified check. Upon receipt of such notice, the town clerk shall forthwith notify the district court clerk of such payment and the receipt by the district court clerk of such notification shall operate as a final disposition of the case. An appearance under this section shall not be deemed to be a criminal proceeding. 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.
A. 
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 article, he may, within 21 days after the date of the notice, request a hearing in writing.
B. 
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, after hearing, determine 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 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 probation records.
If any person so notified to appear before the clerk of a district court fails to pay fine provided hereunder within the time specified or, having appeared, does not confess the offense before the clerk or pay the sum of money fixed as a penalty after a hearing and finding as provided in the preceding section, 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 appropriate By-Law, rule or regulation.
As use in this article the term "district court" shall include, with the limits of their jurisdiction, the divisions of the housing court department of the trial court. The notice to appear provided for herein shall be printed in such form as the chief justice of the district courts shall prescribe for the district courts. Said notice may also include notice of violations pursuant to Section 11C of Chapter 85,[1] Section 18A of Chapter 90, Section 16A of Chapter 270, and Section 173A of Chapter 140. Any fines imposed under the provisions of this article shall ensure to the city or town for such use as said city or town may direct. This procedure shall not be used for the enforcement of municipal traffic rules and regulations. Chapter 90C shall be the exclusive method of enforcement of municipal traffic rules and regulations.
[1]
Editor's Note: Section 11C of Chapter 85 of the General Laws was repealed by St. 2009, c. 65.