Town of Watertown, MA
Middlesex County
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Table of Contents
Table of Contents
[1982 Code, Ch. VIII, § 19]
Except when otherwise provided by law, prosecutions for offenses under this code may be made by any police officer of the town.
[1982 Code, Ch. I, § 8]
Prosecution for the breach of any of the provisions of this code shall be commenced within one year from such breach.
[1982 Code, Ch. I, § 4]
When anything in this code is prohibited from being done, without the license or permission of a certain officer, officers or board, such officer, officers or board shall have the power to license or permit such thing to be done.
[1982 Code, Ch. I, § 7(a); amended Ord. 31, passed 3-26-1991]
The officer, department head, or employee responsible for enforcement of any code provision, rule or regulation, or any employee designated by the Town Manager, is hereby empowered to apply for a criminal complaint in the District Court and to seek the imposition of the penalty set forth in § 10.99.
[1982 Code, Ch. I, § 7(b); amended Ord. 31, passed 3-26-1991; amended Ord. 32, passed 5-12-1992]
Any town officer, department head, or employee taking cognizance of a violation of any ordinance, code, rule or regulation that he or she is empowered to enforce and the violation of which ordinance, code, rule or regulation is subject to a specific penalty, may also, in his or her discretion, with or without applying for a criminal complaint, issue citations and notice to appear before the clerk of the District Court, pursuant to Mass. Gen. Laws Ch. 40, § 21D, to such person who violates any provision, including any mandate, requirement, prohibition or proscription, of such ordinances, code, rule or regulation.
The provisions of division (A) of this section shall not apply to the enforcement of codes, rules and regulations unless the issuance or adoption of such code, rule or regulation was the subject of a public notice prior to the effective date and that on the date of the alleged violation a conformed copy of the current version of such code, rule or regulation was available in the Town Clerk's office.
Any person notified to appear before the clerk of the 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 the Town Clerk together with the notice the specific sum set forth on the notice, which shall be the specific penalty set forth in the ordinance, code, rule or regulation, but in no case shall be more than:
$25 for the first offense;
$50 for the second offense; and
$100 for the third and any subsequent offense, or as otherwise limited by Massachusetts General Laws.
Notwithstanding the foregoing, the enforcing officer shall have the discretion to issue a warning in lieu of the citation for $25 for the first offense.
The Town Clerk shall forward such sums collected to the Treasurer-Collector. If the Treasurer-Collector, instead of the Town Clerk, receives directly from the payor any sums or payments as described above, then the Treasurer-Collector shall keep and deposit the sums or payments and shall also notify the Town Clerk of receipt of payment, so that the Town Clerk may deem payment to have been made on his or her records.
Upon receipt of the notice, the Town Clerk shall forthwith notify the District Court clerk of payment, and the receipt by the District Court clerk of notification shall operate as a final disposition of the case.
Nothing herein shall be construed to limit the authority of the enforcing officer to cancel or rescind a notice or citation previously issued, or to retrieve it from the District Court, if in the judgment of the enforcing officer circumstances warrant such action.