[HISTORY: Adopted by the Town Meeting of the Town of Charlton
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. XLIV of the 2005 Bylaws]
A.
Any person designated below as the enforcing person for a particular
bylaw, rule or regulation, or portion thereof, taking cognizance of
a violation of same which he/she 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 Dudley District Court or such other
court, if any, having jurisdiction thereof at any time during office
hours, not later than twenty-one (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, her or its 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. 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/her
commanding officer or the head of his/her department or by any person
authorized by such commanding officer, department or head, to the
offender's last known address, within fifteen (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.
B.
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/her commanding officer or department head those copies of each
notice of such a violation he/she has taken cognizance of during such
tour which have not already been delivered or mailed by him/her 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.
C.
As provided in MGL c. 40, § 21D (hereinafter "the statute"),
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 Charlton Town Clerk together with the notice such specific
sum of money not exceeding three hundred dollars ($300) as the Town
shall fix as penalty for violation of the bylaw, rule or regulation.
Such payment shall, if mailed, be made only by postal note, money
order or check.
D.
Upon receipt of such notice, the 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 the statute or this subsection 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.
E.
If any person so notified to appear desires to contest the violation
alleged in the notice to appear and also to avail himself/herself
of the procedure established pursuant to the statute and this section,
he/she may, within twenty-one (21) 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 not
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 the statute or this subsection
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.
F.
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 preceding subsection, the Clerk, in accordance
with the statute, 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 bylaw, rule or
regulation.
G.
As used in the statute and 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.
H.
The notice to appear provided for herein shall be printed in such
form as the Chief Justice of the District Courts shall prescribe for
the District Courts. Any fines imposed under the provisions of this
section shall enure to the Town for such use as the Town may direct.
This procedure shall not be used for the enforcement of municipal
traffic rules and regulations. Chapter 90C shall be the exclusive
method of enforcement of municipal traffic rules and regulations.
The enforcing person and fine schedule as to each bylaw, rule
or regulation hereby made enforceable hereunder are as follows, such
fines to take effect on the tenth (10th) day following receipt by
the violator of written notice of such violation from the enforcing
person, and each day that such violation continues after said ten-day
period shall constitute a separate offense:
|
Violation
|
Enforcing Person
|
Fine Schedule
|
|---|---|---|
|
Storage of unregistered Motor Vehicles Zoning Bylaw adopted under Article 15 of the warrant for the Annual Town Meeting held April 21, 1984, which is presently § 200-5.3 et seq. of the Charlton Zoning Bylaw
|
Zoning Enforcement Officer or Assistant ZEO or the Alternate
ZEO appointed by the Selectmen where the ZEO is absent or unable to
act due to a conflict of interest
|
$50 for each offense, or such other fine as may be provided
by said bylaw as same may be amended from time to time.
|
|
Abandonment of a motor vehicle, registered or unregistered,
upon any public or private way, or upon the property of another, without
the permission of the owner or lessee of said property
[Added 10-16-2017 STM by Art. 7] |
Parking Clerk
|
First offense: civil penalty of $250; each additional offense:
civil penalty of $500, plus costs incurred by the Town in removing
or disposing of such motor vehicle
|
|
Any other violation of the Charlton Zoning Bylaw or of any rule,
regulation, restriction, condition or order duly adopted or issued
by any board or official thereunder
|
Zoning Enforcement Officer or Assistant ZEO or the Alternate
ZEO appointed by the Selectmen where the ZEO is absent or unable to
act due to a conflict of interest
|
$50 for each offense as presently provided by § 200-7.1G(3) of the Charlton Zoning Bylaw, or such other fine as may be provided by said bylaw as same may be amended from time to time
|
|
Chapter 100, Alarm Systems, of the Town of Charlton General Bylaws
|
Alarm Administrator as defined in said bylaw
|
First and second offense: warning
|
|
Third offense: $50
| ||
|
Fourth offense: $75
| ||
|
Fifth and any subsequent offenses: $100
| ||
|
$25 per system alarm dispatch without permit per § 100-14B
of said bylaw; or such other fines as may be provided by said bylaw
as same may be amended from time to time
| ||
|
Chapter 105, Alcoholic Beverages of the Town of Charlton General Bylaws
|
Police officer(s)
|
$100 or such other fine as may be provided by said bylaw as
same may be amended from time to time
|
|
Chapter 110, Animal Control, of the Town of Charlton General Bylaws
[Amended 5-20-2013 ATM by Art. 19] |
Animal Control Officer(s), such Officer's designee, the Police
Chief and/or Charlton police officer
|
The specific penalties set forth in various sections of said
Animal Control Bylaw as same may be amended from time to time, and
any such as may be established by applicable Massachusetts General
Laws
|
|
Chapter 120, Cemeteries, of the Town of Charlton General Bylaws, or any rule, regulation or order duly adopted or issued thereunder
|
Board of Cemetery Commissioners or its designee
|
$25 for each offense continuing 10 days after violator's receipt of written notice of the first offense, as provided in § 120-2 of such bylaw, or such other fine as may be provided by said bylaw as same may be amended from time to time
|
|
Chapter 123, Docks, Piers, Berths and Mooring
[Added 5-19-2014 ATM by Art. 21] |
Police Chief; any Charlton police officer
|
First offense: $50
|
|
Second offense: $75
| ||
|
Third and subsequent offenses: $100
| ||
|
Or such other fines as art set forth in said Chapter 123, as same may be amended from time to time
| ||
|
Chapter 130, Earth Removal, of the Town of Charlton General Bylaws, or any rule, regulation, permit provision or order duly adopted or issued by the Board of Selectmen thereunder
|
Board of Selectmen or its designee, including but not limited
to any constable or police officer of the Town
|
First offense: $50
|
|
Second offense: $100
| ||
|
Third and each subsequent offense: $200 as provided in § 130-10 of said bylaw, or such other fine as may be provided by said bylaw as same may be amended from time to time in accordance with applicable law
| ||
|
Chapter 145, Hazardous Waste, of the Town of Charlton General Bylaws
|
Hazardous Waste Coordinator or his/her designee
|
$200 for each offense, as provided in § 145-3 of such bylaw, or such other fine as may be provided by said bylaw as same may be amended from time to time
|
|
Chapter 150, Junk, Old Metal and Secondhand Articles and Pawn Shops, of the Town of Charlton General Bylaws, or any rule, regulation, order or restriction duly adopted or issued by the Selectmen thereunder
[Amended 5-20-2013 ATM by Art. 20] |
Board of Selectmen or its designee; Police Chief and/or any
Charlton police officer
|
The fines specified in the Junk, Old Metal, Secondhand Articles
and Pawn Shops Bylaw as same may be amended from time to time
|
|
Chapter 157, Public Consumption of Marijuana Bylaw
[Added 5-19-2014 ATM by Art. 24] |
Board of Selectmen, Town Administrator, or their duly authorized
agents, or Police Chief or any Charlton police officer
|
$300, or such other fines as are set forth in said Public Consumption
of Marijuana Bylaw, as same may be amended from time to time
|
|
Chapter 160, Peddling and Soliciting, of the Town of Charlton General Bylaws
|
Chief of Police or his/her designee
|
$50 for each offense, as provided in § 160-7 of such bylaw, or such other fine as may be provided by said bylaw as same may be amended from time to time
|
|
Chapter 165, Sewer Use, of the Town of Charlton General Bylaws, as amended by vote under Article 7 of the warrant for the Special Town Meeting held December 18, 1995, and as same may have been or may be amended from time to time thereafter, or any rule or regulation or order duly adopted or issued thereunder or under any applicable statutory authority with respect to public sewers
|
Sewer Superintendent or Commissioners or their successors or
designee
|
$300 for each offense as provided in Article VII of said bylaw;
any fine or penalty in excess thereof for any separate offense to
be enforced through means other than the noncriminal disposition procedure
as required by the $300 limit set forth in the statute, the intent
of this bylaw being to make said procedure available as a means of
enforcement to the maximum extent allowable by law
|
|
Board of Health or Health Agent or its, his or her designee
|
$100 for each offense, as provided in § 170-10 of such bylaw, or such other fine as may be provided by said bylaw as same may be amended from time to time
| |
|
Department of Public Works Superintendent or person performing
duties of the Superintendent or his/her designee
|
$50 for each offense continuing 24 hours after violator's receipt of written notice of the first offense, as provided in § 180-8 of such bylaw, or such other fine as may be provided by said bylaw as same may be amended from time to time
| |
|
Chapter 190, Water Use, of the General Town Bylaws, adopted under Article 24 of the warrant for the March 1, 1999 Special Town Meeting, and as same may have been or may be amended from time to time thereafter, or any rule or regulation or order duly adopted or issued thereunder, or referenced therein, or under any applicable statutory authority with respect to public water
|
Sewer, or Water and Sewer, Superintendent or Commissioners or
their successors or designee
|
$50 for the first offense and $100 for each subsequent offense as provided in § 190-12 of said bylaw, or such greater fine as may be enacted or adopted from time to time, each day any violation continues to constitute a separate offense as provided in said section
|
|
All provisions of the Town of Charlton General Bylaws not otherwise
specified above and any rule, regulation, condition or order of the
Board of Selectmen duly adopted or issued thereunder
|
Board of Selectmen or its designee
|
$20 as provided in Article II, General Penalty, of this chapter, or such other fine as may be provided by said bylaw as same may be amended from time to time in accordance with applicable law
|
If any portion of any provision of the within bylaw is held
invalid by a court of competent jurisdiction or by the Attorney General,
the remainder of such provision and of such bylaw shall take effect
to the maximum extent permitted by applicable ruling.
[Adopted as Art. XLVI of the 2005 Bylaws]
Except as otherwise provided by law or by this bylaw, whoever
violates any provision of the General Bylaws of the Town or refuses
or neglects to obey any order of the Board of Selectmen or its designee
issued hereunder and directed to and properly served upon said violator
shall, in cases not otherwise specifically provided for hereunder,
forfeit and pay for each offense a fine of twenty dollars ($20), each
day such violation continues following such service to constitute
a separate offense, which fine may be recovered by indictment or on
complaint before a District Court prosecuted by any constable or police
officer of the Town or by the Board of Selectmen or its designee,
or, at the election of the Board of Selectmen or its designee, through
the noncriminal disposition procedure provided by MGL c. 40, § 21D,
the proceeds of any such fine(s) to enure to the Town or to such uses
as it may direct.
