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Town of Marion, MA
Plymouth County
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[HISTORY: Adopted by the Town Meeting of the Town of Marion as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Boats and boating — See Ch. 118.
[Adopted as Art. I, Secs. 1 through 4, of the Bylaws]
[1]
Editor's Note: At the 5-8-2017 ATM, by Art. 41 and Art. 42, the Town voted to renumber and recaption the General Bylaws of the Town as follows: to insert chapter and section titles; to update internal references to reflect the new numbering system; to reorganize defined terms to be indented and capitalized in the definitions sections of various chapters; and to enact certain global changes to the text of the General Bylaws of the Town, including consistent citation of statutory references and a standard system of capitalization and citation of numbers, as set forth in the document entitled "Town of Marion Final Draft," dated 3-1-2017; and to enact certain changes to the text of the General Bylaws, as set forth in the document entitled "Town of Marion Final Draft (Red Line)," dated 3-1-2017. Said drafts are on file in the office of the Town Clerk. At the 10-23-2017 STM, by Art. S7, the Town voted to recodify the Town's General Bylaws, including specific changes indicated either by underlined text (new text) or strike-through text (deleted text) as set forth in a document entitled "Town of Marion Final Draft," dated August 16, 2017. Said draft is on file in the Town offices.
The following provisions shall constitute the bylaws of the Town of Marion, and acceptance and approval of these bylaws shall specifically repeal any and all bylaws in force prior to said acceptance and approval.
The repeal of a bylaw shall not thereby have the effect of reviving a bylaw theretofore repealed.
Any and all of these bylaws may be repealed or amended or other bylaws may be adopted at any Town Meeting, an article or articles for that purpose having been inserted in the warrant for such meeting.
Whoever violates any of the provisions of these bylaws whereby any act or thing is enjoined or prohibited shall, unless other provision is made, forfeit and pay a fine in the amount of $300 for each offense. Each day on which a violation exists shall be deemed a separate violation.
A. 
The Town Clerk or an agent designated by the Town Clerk shall be authorized to assign appropriate numbers to sections, subsections, paragraphs and subparagraphs of Town general bylaws and zoning bylaws, where none is approved by Town Meeting.
B. 
Where Town Meeting has approved numbering of sections, subsections, paragraphs and subparagraphs of Town general bylaws and zoning bylaws, the Town Clerk or an agent designated by the Town Clerk, after consultation with the Town Administrator, shall be authorized to make nonsubstantive editorial revisions to the numbering to ensure consistent and appropriate sequencing, organization and numbering of the bylaws.
[Adopted as Art. XXIV and Art. XXV of the Bylaws]
[Amended 4-28-2003 ATM by Art. 21]
A. 
The Harbormaster, or any other official taking cognizance of a violation of any of the following regulations which he is empowered to enforce, as the same may be amended from time to time, as an alternative to initiating criminal proceeding, may give to the offender a written notice to appear before the Clerk of the District Court having jurisdiction thereof for noncriminal disposition as provided in MGL c. 40, § 21D:
(1) 
Shellfish Regulations for Marion.
(2) 
Harbormaster's Mooring and Anchorage Rules and Regulations for Harbors in Marion, Massachusetts.
(3) 
Rules and Regulations for Use of Old Landing and Island Wharves.
(4) 
Town of Marion Dinghy Rack Regulations.
(5) 
Motorboat laws (Chapter 118).
B. 
The noncriminal disposition of such a violation shall be in the sole discretion of the enforcing person, and the availability of such disposition shall not be a bar to criminal disposition of any such violation. No person shall have a right to noncriminal disposition of such a violation.
C. 
Each violation of the above-enumerated regulations shall be punishable in the event of noncriminal disposition by a fine of $25, unless another amount is provided for in these bylaws.
D. 
Each day on which any violation exists shall be deemed a separate violation.
E. 
Each violation of the above-enumerated regulations shall be punishable in the event of criminal disposition as otherwise provided by law.
Any officer taking cognizance of a violation of any of these bylaws or any rule or regulation of any officer, board or department of the Town, except marine resources, which he is empowered to enforce, as an alternative to initiating criminal proceedings, may give to the offender a written notice to appear before the Clerk of the District Court for noncriminal disposition as provided in MGL c. 40, § 21D. Except as otherwise provided by general law or by the express terms of any bylaw, rule or regulation, the specific penalty for any bylaw, rule or regulation of the Town shall be $100. Each day on which any violation exists shall be deemed a separate violation. The noncriminal disposition of such a violation shall be in the sole discretion of the enforcing person, and the availability of such disposition shall not be a bar to criminal disposition of any such violation. No person shall have a right to noncriminal disposition of such a violation. For marine resources violations, see § 1-6 of this article.