[HISTORY: Adopted by the Town Meeting of
the Town of Plainville as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Board of Health penalties — See Ch. 675.
[Adopted 6-6-2011 ATM by Art. 26]
Every violation of the foregoing bylaws shall
be punished by a fine of $200, unless a different fine is specifically
provided for by these bylaws or by the General Laws. Such fines shall
inure to the Town for such uses as it may direct.
[Adopted 6-6-2011 ATM by Art. 26]
In accordance with the provisions of MGL c.
40, § 21D, as amended, the following bylaw for the noncriminal
disposition of violations is hereby adopted:
A.
Any person taking cognizance of a violation of a specific
bylaw, rule or regulation for which there is a specific penalty and
which he is empowered to enforce, hereafter 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 Wrentham 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 for
his required appearance. Such notice shall be signed by the enforcing
person and shall be signed by the offender, whenever practicable,
in acknowledgement that such notice has been received.
B.
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, such 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 or department 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 section shall be prima facie evidence thereof.
C.
Any person notified to appear before said Clerk of
Court may so appear and confess the offense charged, either personally
or through a duly authorized agent, or may mail to the Plainville
Town Clerk, together with said written notice, the sum of money fixed
by the Town as the penalty for violation of the bylaw, rule or regulation.
Such payment shall, if mailed, be made only by postal note, money
order or check. Upon receipt of such notice and payment, the Town
Clerk shall forthwith notify the said Clerk of Court of such payment,
and the receipt by the Clerk of Court of such notification shall operate
as a final disposition of the case. Any appearance made before said
Clerk of Court hereunder shall not be deemed to be a criminal proceeding.
D.
The notice to appear provided for herein shall be
printed in such form as the Chief Justice of the District Court shall
prescribe.
E.
For the purposes of this bylaw, the "enforcing person"
shall mean any police officer of the Town, the Health Officer and
health agents, the Inspector of Buildings or his designee, the Animal
Control Officer and any other person who may be designated as the
enforcing person in the applicable bylaw, rule or regulation.
