[Adopted 5-20-1991 ATM
by Art. 39]
This Bylaw is amended and created pursuant to MGL c. 40, § 21D
to enforce the health regulations of the Town of Swansea, as well
as the health laws pursuant to the Massachusetts General Laws. This
amendment will further promote the health and safety of the inhabitants
of the Town of Swansea.
Any person who shall violate any provision of a health regulation of the Town of Swansea shall be issued a warning and is entitled to a hearing before the Board of Health in compliance with the Town of Swansea Bylaws and the Massachusetts General Laws. In the event that a person is found to be in violation of the Board of Health ordinance or the General Laws of the Commonwealth of Massachusetts and does not rectify the particular violation, they shall be issued a citation by the Board of Health Agent or a Swansea Police Officer not to exceed a fine of $50. If the person or persons does not exercise the right to a hearing within seven days of the notice by the Board of Health and/or the $50 fine is not paid within 21 days, such fine shall be enforced in accordance with § 48-5 of the Bylaw.
Any citation issued by the Board of Health Agent and/or a member
of the Board of Health which is a violation of health regulation and
subject to a specific penalty, will be enforced through noncriminal
disposition provided for in MGL c. 40, § 21D.
It shall be the duty of the Board of Health and Police Officers
to prosecute every health violation by complaint to any court with
jurisdiction in the County of Bristol, State of Massachusetts.
Any aggrieved party as a result of a decision by the clerk of
court may, pursuant to the U.S. Constitution and the Laws of the Commonwealth
of Massachusetts Constitution, request a hearing before a judge in
a court of law with appropriate jurisdiction.
