[Adopted as Art. 25 of the 1956 Bylaws Compilation]
Except when otherwise provided by law, prosecutions for offenses under the bylaws of the Town may be made by any Constable or police officer of the Town.
[Amended 5-6-1991 ATM]
A. 
Whoever violates any bylaw of the Town whereby any act or thing is enjoined, required, or prohibited shall forfeit and pay for each offense a fine of $50 for the first offense, $100 for the second offense, and $150 for the third or subsequent offense. Each day such offense continues shall constitute a separate offense. These penalties may be enforced through the noncriminal procedure or the usual criminal procedure. Further enforcement may be made through Superior Court action for restraining orders or other appropriate remedies.
B. 
These penalties replace the penalties in Chapter 95, Alcoholic Beverages; Chapter 182, Marijuana, Article I, Public Consumption; Chapter 263, Vehicles and Traffic; Chapter 272, Wells; Chapter 300, Zoning; Chapter 258, Tire Storage; and Chapter 158, Hazardous Materials, Article I, Volatile Liquids.
[Amended 5-7-1990 ATM]
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 any municipal officer, board or department which is subject to a specific penalty.
B. 
Any person taking cognizance of a violation of a specific 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 to appear before the Clerk of the Fall River District Court at any time during office hours, not later than 21 days after the date of such notice. Such notice shall be in triplicate and shall contain the name and address if known, of the offender, the specific offense charged, and the time and place of his required appearance. Such notice shall be signed by the enforcing person and shall be signed by the offender whenever practicable in acknowledgment that such notice has been received.
C. 
If the enforcing person is unable to deliver a copy of the notice to the offender at the time and place of the violation, said copy shall be mailed or delivered by the enforcing person or by his commanding officer or the head of his department or by any person authorized by such commanding officer, department or head to the offender's last known address, within 15 days after said violation. Such notice as so mailed shall be deemed a sufficient notice, and a certificate of the person so mailing such notice that it has been mailed in accordance with this subsection shall be prima facie evidence thereof.
D. 
At or before the completion of each tour of duty, or at the beginning of the first subsequent tour of duty, the enforcing person shall give to his commanding officer or department head those copies of each notice of such a violation he has taken cognizance of during such tour which have not already been delivered or mailed by him as aforesaid. Said commanding officer or department head shall retain and safely preserve one copy and shall, at a time not later than the next court day after such delivery or mailing, deliver the other copy to the Clerk of Court before which the offender has been notified to appear.
E. 
The disposition of such notices by the Clerk of the Fall River District Court shall be in accordance with MGL c. 40, § 21D, and/or take any other action relative thereto.