[HISTORY: Adopted by the Town of Abington 4-3-2006 ATM by Art. 8. Amendments noted where applicable]
Editor's Note: This Article also superseded former Ch. 1, General Provisions, Art. I, General Penalty, derived from Ch. 9, Sec. 1, of the 1992 Town of Abington Bylaws, as amended.
Article I General Penalty
Article II Terms and References
[Amended in is entirety 4-2-2012 ATM by Art. 15A]
Editor’s Note: Subsequent amendments noted where applicable.
Any Bylaw of the Town of Abington may be enforced through any lawful means in law or in equity including but not limited to enforcement by criminal indictment or on complaint before the district court pursuant to MGL c. 40, § 21. Each day that a violation exists shall constitute a separate offense. A fine of up to $300 may be imposed for each violation.
Any Bylaw of the Town of Abington, or rule or regulation of its officers, boards or departments adopted at a public meeting for which notice is posted on the Town website and bulletin board for a two-week period prior to the meeting, and which is on file with the Town Clerk, may in the discretion of the Town official who is the appropriate enforcing person, be enforced through non-criminal disposition as provided in MGL c. 40, § 21D. The specific penalty for purposes of non-criminal disposition for each such violation, if not otherwise specified, shall be as follows;
[Amended 6-6-2016 ATM by Art. 9]
Each day a violation exists shall constitute a separate violation for purposes of this Bylaw.
The term "enforcing person" as used in this Bylaw shall mean: any Town of Abington police officer with respect to any offense; as well as the Building Inspector and his designee, the members of the Conservation Commission and its designee, the members of the Board of Health, its Health Agent or other designee, the Sealer of Weights and Measures and the Sealer's designee and such other officials as the Board of Selectmen may from time to time designate, each with respect to violation of Bylaws, rules and regulations within their respective jurisdictions. If more than one official has jurisdiction in a given case, any such official may be an enforcing person with respect thereto.
The fines set forth in the notice of violation issued in accordance with this Bylaw shall be payable to the Town within 21 days of the date set forth on the notice or, if the person so notified seeks to contest the violation, such person may request a hearing before the District Court. The person so notified may also seek to resolve the matter locally by appealing the issuance of the notice, in writing, to the Town Manager no later than 14 days following the date of the notice of violation. The Town Manager or the Manager's designee shall, no later than 20 days following the date of the notice of violation, decide the appeal, or hold a hearing to determine such additional facts as may be necessary. If the person so notified is dissatisfied with the Town Manager's determination and resolution, they may contest the violation as set forth in the notice by seeking a hearing before the District Court in accordance with MGL c.40, § 21D. The Manager's failure to make a determination within the time set forth herein shall be construed for purposes of this paragraph as a determination to void the notice of violation.
Any reference within these Bylaws to a regulation or statute enacted by the Commonwealth of Massachusetts shall incorporate by reference the provisions of said regulation or statute, as they may be amended in the future. In the event the provisions of a Bylaw conflict with the provisions of state regulation or statute, the more restrictive and/or more definitive provisions shall prevail, unless otherwise mandated by law.
All references in these Bylaws to the "Town website" or "Town's website" shall mean the official Town website registered and operated by the Town of Abington.
[Added 6-6-2016 ATM by Art. 9]
The Town Clerk shall hereby be authorized to assign appropriate numbers to Bylaw sections, subsections, paragraphs and subparagraphs, where none are approved by Town Meeting, and, if such are approved by Town Meeting, after consultation with the Town Manager, to make non-substantive, editorial revisions to ensure consistent and appropriate sequencing and numbering, provided that such editorial revisions shall be identified by a footnote or other convention.