[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 City.
[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 City 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]
(A)
Any City 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.
(B)
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 City Clerk's office.
(C)
(1)
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 City 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:
(2)
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.
(3)
The City Clerk shall forward such sums collected to the Treasurer-Collector.
If the Treasurer-Collector, instead of the City 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 City Clerk of receipt of payment, so that the City Clerk may deem
payment to have been made on his or her records.
(D)
Upon receipt of the notice, the City 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.
(E)
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.
