All bylaws or part of bylaws heretofore adopted which are consistent with the provisions of the following bylaws are hereby repealed and annulled; but the provisions of these bylaws, insofar as they are the same as the provisions of bylaws heretofore adopted, shall be construed as a continuation of said bylaws and not as new enactments.
[HISTORY: Adopted by the Town Meeting of the Town of Plympton as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-17-2020 ATM by Art. 27]
[Adopted 6-17-2020 ATM by Art. 27]
Any bylaw of the Town of Plympton may be enforced through any lawful means in law or in equity, including but not limited to enforcement by criminal indictment or on complaint before the District Court pursuant to MGL c. 40, § 21. Each day that a violation exists shall constitute a separate offense. A fine of up to $300 may be imposed for each offense, unless other provision is expressly made in these bylaws.
A.
Alternative methods of enforcement. Any duly adopted bylaw of the Town of Plympton, or rule or regulation of its boards, commissions, and committees and officers, the violation of which is subject to a specific penalty, may, at the discretion of the Town employee who is the appropriate enforcing person, be enforced by the method provided in MGL c. 40, § 21D. Each day on which any violation exists shall be deemed to be a separate offense, but each offense shall require a separate notice to be served in accordance with the requirements of MGL c. 40, § 21D.
B.
Enforcing person. "Enforcing person", as used in this bylaw, shall mean any Selectmen or any police official of the Town of Plympton with respect to any offense, and the Conservation Commission and its designees, the Board of Health and its designees, and the Zoning Enforcement Officer and such other officials as the Board of Selectmen may from time to time designate, each with respect to violation of bylaws and rules and regulations within their respective jurisdictions. If more than one official has jurisdiction in a given case, any such official may be an enforcing person with respect thereto.
C.
Dog control violations. Whenever a complaint is sought in a District Court for a violation of a bylaw made under the provisions of MGL c. 140, § 173, the clerk shall send a written notice to the person complained against stating that such a complaint has been sought and will issue unless such person appears before such clerk and confesses the offense either personally or through an agent duly authorized in writing, or by mailing to such clerk, with the notice, the fine provided herein. For the first offense committed by a person within a calendar year, the clerk shall dismiss the charge without the payment of a fine. For a second offense in the Town within a calendar year, the payment of a fine of $50 shall operate as a final disposition of the case. For a third offense in the Town within a calendar year, payment of a fine of $60 shall operate as a final disposition of the case. For a fourth or subsequent offense in the Town within a calendar year, payment of a fine of $100 shall operate as a final disposition of the case. Payment shall be made only by postal note, money order or check. Notwithstanding the foregoing procedure and schedule of fines, but subject to all other provisions of this section, the Town may, by bylaw, provide for an alternative procedure and a different schedule of fines.
C-1.
Board. of Health violations. All regulations enacted by the Board of Health may be enforced through noncriminal disposition by Board of Health members or its designee(s). Violations shall be subject to a written warning for the first offense, and shall be subject to payment of the following fines:
[Added 5-18-2022 ATM by Art. 31]
D.
Procedures.
(1)
Proceedings under this section shall not be deemed criminal; and no person notified to appear before the clerk of a District Court as provided herein shall be required to report to any probation officer, and no record of the case shall be entered in the probation records.
(2)
If a person notified to appear, as hereinbefore provided, fails to appear or pay the fine within 21 days of the sending of the notice, or, having appeared, does not desire to avail himself of the procedure established by this section, the clerk shall issue the complaint and the procedure established for criminal cases shall be followed.
(3)
If any person fails to appear in accordance with the summons issued upon such complaint, the clerk of the court shall send such person, by registered mail, return receipt requested, a notice that the complaint is pending and that, if the person fails to appear within 21 days from the sending of such notice, a warrant for his arrest will be issued.