§ 21D. Noncriminal disposition of
ordinance, by-law, rule or regulation violations.
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"Any city or town may by ordinance or by-law
not inconsistent with this section provide for non-criminal disposition
of violations of any ordinance or by-law or any rule or regulation
of any municipal officer, board or department the violation which
is subject to a specific penalty.
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"Any such ordinance or by-law shall provide
that any person taking cognizance of a violation of a specific ordinance,
by-law, rule or regulation which he is empowered to enforce, hereinafter
referred to as the enforcing person, as an alternative to initiating
criminal proceedings shall, or, if so provided in such ordinance or
by-law, may, give to the other offender a written notice to appear
before the clerk of the district court having jurisdiction thereof
at any time during office hours, not later than twenty-one 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 for 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.
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"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 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 fifteen 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 section shall be prima facie evidence thereof.
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"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 the court before which the
offender has been notified to appear. The clerk of each district court
and of the Boston municipal court shall maintain a separate docket
of such notices to appear.
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"Any person notified to appear before the clerk
of a 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 or town clerk of the municipality
within which the violation occurred together with the notice such
specific sum of money not exceeding three hundred dollars as the town
shall fix a penalty for violation of the ordinance, by-law, rule or
regulation. Such payment shall if mailed be made only by postal note,
money order or check. Upon receipt of such notice, the city or town
clerk shall forthwith notify the district court clerk of such payment
and the receipt by the district court clerk of such notification shall
operate as a final disposition of the case. An appearance under this
paragraph shall not be deemed to be a criminal proceeding. No person
so notified to appear before the clerk of a district court shall be
required to report to any probation officer, and no record of the
case shall be entered in any probation records.
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"If any person so notified to appear desires
to contest the violation alleged in the notice to appear and also
to avail himself of the procedure established pursuant to this section,
he may, within twenty-one days after the date of the notice, request
a hearing in writing. Such hearing shall be held before a district
court judge, clerk, or assistant clerk, as the court shall direct,
and if the judge, clerk, or assistant clerk shall, after hearing,
find that the violation occurred and that it was committed by the
person so notified to appear, the person so notified shall be permitted
to dispose of the case by paying the specific sum of money fixed as
a penalty as aforesaid, or such lesser amount as the judge, clerk,
or assistant clerk, shall order, which payment shall operate as a
final disposition of the case. If the judge, clerk, or assistant clerk
shall, after hearing, find that violation alleged did not occur or
was committed by the person notified to appear, that finding shall
be entered in the docket, which shall operate as a final disposition
of the case. Proceedings held pursuant to this paragraph shall not
be deemed to be criminal proceedings. No person disposing of a case
by payment of such a penalty shall be required to report to any probation
office as a result of such violation, nor shall any record of the
case be entered in the probation records.
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"If any person so notified to appear before
the clerk of a district court fails to pay the fine provided hereunder
within the time specified or, having appeared, does not confess the
offense before the clerk or pay the sum of money fixed as a penalty
after a hearing and finding as provided in the proceeding paragraph,
the clerk shall notify the enforcing person who issued the original
notice, who shall determine whether to apply for the issuance of a
complaint for the violation of the appropriate ordinance, by-law,
rule or regulation.
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"As used in this section the term 'district
court' shall include, within the limits of their jurisdiction, the
municipal court of the City of Boston and the divisions of the housing
court department of the trial court.
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"The notice to appear provided for herein shall
be printed in such form as the chief justice of the municipal court
of the City of Boston shall prescribe for said court, and as the chief
justice of the district courts shall prescribe for the district courts.
Said notice may also include notice of violations pursuant to section
eleven C of chapter eighty-five, section eighteen A of chapter ninety,
section one hundred and seventy-three A of chapter one hundred and
forty and section sixteen A of chapter two hundred and seventy. Any
fines imposed under the provisions of this section shall enure to
the city or town for such use as said city or town may direct. This
procedure shall not be used for the enforcement of municipal traffic
rules and regulations. Chapter ninety C shall be the exclusive method
of enforcement of municipal traffic rules and regulations."
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