[HISTORY: Adopted by the Town of Easton as follows: Art.
I, by the Annual Town Meeting 5-7-1990 by Art. 14 (Art. 41 of the 1922 Bylaws); Art. II, by the Annual
Town Meeting 4-8-1991 by Art.
5 (Art. 40 of the 1922 Bylaws). Amendments noted where applicable.]
[Adopted 5-7-1990 ATM
by Art. 14 (Art. 41 of the 1922 Bylaws)]
Pursuant to the authority of MGL c. 40, § 21D, to
which reference is made for any procedural matters not specified herein,
any Enforcing Person as defined herein taking cognizance of a violation
of a specific town bylaw or rule or regulation of the Board of Health
which he or she is empowered to enforce may, as an alternative to
initiating criminal proceedings, give the offender a written notice
to appear before the Clerk of the District Court 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 such offender,
the specific offense charged and the time and place for his or 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.
[Amended 5-20-2019 ATM by Art. 21
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 so deliver said copy of said notice, said copy
shall be mailed or delivered by the enforcing person, or by the Select
Board or its designee, to the offender's last known address within
15 days after said violation. A certificate shall be made by the person
so mailing such notice that it has been mailed in accordance with
this article and MGL c. 40, § 21D.
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 such clerk with the notice such specific sum of money not
exceeding $300 as the town shall fix as penalty for violation of the
bylaw, rule or regulation. Such payment shall, if mailed, be made
by postal note, money order or check. The payment to the clerk of
such sum shall operate as a final disposition of the case.
If any person so notified to appear desires to contest the violation
alleged in the notice to appear and also to avail himself or herself
of the procedure established pursuant to this article or MGL c. 40,
§ 21D, he may, within 21 days after the date of this 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 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 order, which payment shall operate as a 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.
For purposes of this article, the following terms shall have
the meanings indicated:
Any member of the Board of Health, any police officer of
the town, the Health Director or his or her designee.
[Adopted 4-8-1991 ATM
by Art. 5 (Art. 40 of the 1922 Bylaws)]
Pursuant to the authority of MGL c. 40, § 21D, to
which reference is made for any procedural matters not specified herein,
any enforcing person as defined herein taking cognizance of a violation
of a specific town bylaw or rule or regulation of the Building Department
which he or she is empowered to enforce may, as an alternative to
initiating criminal proceedings, give the offender a written notice
to appear before the clerk of the district court 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 such offender,
the specific offense charged and the time and place for his or 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.
[Amended 5-20-2019 ATM by Art. 21]
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 so deliver said copy of said notice, said copy
shall be mailed or delivered by the Enforcing Person, or by the Select
Board or their designee, to the offender's last known address
within 15 days after said violation. A certificate shall be made by
the person so mailing such notice that it has been mailed in accordance
with this article and MGL c. 40, § 21D.
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 such Clerk with the notice such specific sum of money not
exceeding $300 as the town shall fix as penalty for violation of the
bylaw, rule or regulation. Such payment shall, if mailed, be made
by postal note, money order or check. The payment to the Clerk of
such sum shall operate as a final disposition of the case.
If any person so notified to appear desires to contest the violation
alleged in the notice to appear and also to avail himself or herself
of the procedure established pursuant to this article or MGL c. 40,
§ 21D, he may, within 21 days after the date of this 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 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 order, which payment shall operate as a final
disposition of the case.
For purposes of this article, the following terms shall have
the meanings indicated:
Any of the following town employees: the Building Inspector
or his designee, Zoning Enforcement Officer or his designee, members
of the Select Board or their designee, Director of Public Works or
his designee, Animal Inspector, members of the Police Department,
members of the Fire Department, Conservation Enforcement Agent, members
of the Conservation Commission and the Animal Control Officer.
[Amended 5-20-2019 ATM by Art. 21]
The provisions of this article shall be deemed severable. In
the event that any section, paragraph or part of this regulation shall
be held to be invalid or unconstitutional by any court of competent
jurisdiction, the decision of such court shall not affect or impair
the validity of any other section, paragraph or part of this article.
Pursuant to this article and the Appendix included hereafter,
where any conflict exists within a bylaw being enforced through noncriminal
disposition regarding the penalty to be applied, the penalty schedule
provided in the Appendix shall govern. Where the enforcing agent elects
or is required to issue a criminal complaint to enforce the bylaw,
the penalty proscribed[1] within the actual bylaw shall apply. The town resolves
to amend all bylaws so as to be consistent with the penalty schedule
provided in the Appendix.
[1]
Editor's Note: So in original. Should be "prescribed."
