[Adopted 6-29-2009 STM
by Art. 2]
In accordance with the provisions of MGL c. 40, § 21D,
noncriminal disposition is hereby authorized for the violation of
any and all Town bylaws pertaining to zoning.
A.
Whoever violates any provision of these bylaws, the violation of
which is subject to a specific penalty, may be penalized by a noncriminal
disposition as provided in MGL c. 40, § 21D. The noncriminal
method of disposition may also be used for violations of any rule
or regulation of the Board of Selectmen pertaining to shellfishing,
and any rule or regulation of the Town of Swansea Beach Facilities
Committee.
[Amended 5-17-2010 ATM
by Art. 26]
B.
Without intending to limit the generality of the foregoing, it is
the intention of this provision that in addition to police officers,
who shall in all cases be considered enforcing persons for the purpose
of this provision, the municipal personnel listed for each section,
if any, shall also be enforcing persons for such sections. Each day
on which any violation exists shall be deemed to be a separate offense.
Any person taking cognizance of a violation of any Town bylaw,
rule or regulation which he is empowered to enforce, hereinafter referred
to as the enforcing person, as an alternative to initiating criminal
proceedings, may give to the offender a written notice as prescribed
by the court to appear before the clerk of the district or housing
court having jurisdiction thereof at any time during court office
hours, not later than 21 days after the date of such notice. Such
notice shall contain the name and address, if known, of the offender,
the specific violation of ordinance, and the time and place for his
required appearance. Such notice shall be signed by the enforcing
person, and shall be signed by the offender whenever practicable in
acknowledgement that such notice has been received. 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 deliver a copy of said notice to the offender at the time and place
of violation, said copy shall be mailed or delivered by the enforcing
person to the offender's last known address, within 15 days after
said violation.
All of the procedures set forth in MGL c. 40, § 21D
shall apply to the noncriminal disposition of bylaw violations under
this article.
This article, shall not apply to violations of Town ordinances,
rules or regulations unless specifically mentioned herein.
Unless otherwise provided by local bylaw or state law, any person who violates a Town bylaw pursuant to § 48-8 or a rule or regulation pursuant to § 48-9 and who has been given notice pursuant to § 48-10 shall be subject to a penalty of $100 for the first violation, $200 for the second violation, and $300 for each subsequent violation. Each day a violation continues shall constitute a separate offense. This section shall not preclude the Town from proceedings to restrain the violation of any bylaw of the Town by injunction where such proceeding is more appropriate.
