Town of West Springfield, MA Article II Noncriminal Disposition of Violations

[Adopted as Ch. 7, §§ 7-100, 7-101, 7-102, 7-200 and 7-201 of the Codified Ordinances]

§ 1-3 Authorization to utilize noncriminal disposition procedures.

Rules and Regulations for Certain Departments

Rules and regulations for certain departments can be found in the Public Documents section of this page under Misc. Documents and sorted by department.

2019-03-07

A. A noncriminal disposition procedure using the civil infraction procedure in MGL c. 40, § 21D is enacted for violations of these ordinances and the rules and regulations currently existing or hereafter adopted by the various boards, committees and departments of the Town.

B. Any officer, employee, person or entity observing a violation of an ordinance, rule or regulation he or she is responsible for enforcing may give to the offender a ticket in a form in compliance with the requirements of and in the manner established by said MGL c. 40, § 21D, payable through the District Court having the Town of West Springfield within its jurisdiction.

§ 1-4 Penalties for violation of ordinances, rules or regulations.

A. The penalty under the civil infraction procedure of § 1-3 for each violation of any ordinance, rule or regulation shall be, unless a different penalty is specified in a particular ordinance, rule or regulation as the noncriminal civil infraction penalty:

(1) For the first offense: $25.

(2) For the second offense: $100.

(3) For the third and all subsequent offenses: $300.

B. Each day of violation shall be considered a separate violation. This penalty is in addition to the criminal penalties that are set forth in this ordinance; however, the use of either does not prevent the use of the other for future violations.

§ 1-5 Purchase, distribution and tracking of citations; report on fines.

It shall be the responsibility of the Chief Procurement Officer or his designee to purchase, distribute and track the citations issued under this chapter. The Town Collector shall monthly forward a report of the fines received pursuant to this article, showing by department, board or committee the amount received as a result of tickets issued by each such department, board or committee.

§ 1-6 Violations of School Committee rules and regulations.

A. A noncriminal disposition procedure, using the civil infraction procedure in MGL c. 40, § 21D, is enacted for violations of the School Committee rule and regulation prohibiting the use of tobacco products within school buildings, the school facilities or on the school grounds or on school buses by any individual, including school personnel.

B. Any authorized employee observing a violation of a rule or regulation is empowered to enforce and shall give to the offender a ticket in a form in compliance with the requirement of and in the manner established by said MGL c. 40, § 21D, payable through the District Court having jurisdiction over the Town of West Springfield.

C. School Committee issuance of citations. Citations for violations shall be issued by any School Committee employee (as defined in MGL c. 268A, § 1) authorized in writing by the School Committee which has voted to have the above-cited rule and regulation enforced under this ordinance.