[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a bylaw theretofore repealed.
Any and all of these bylaws may be repealed or amended or other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:
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.
