Town of Middleborough, MA Article II Noncriminal Disposition of Violations

[Adopted 10-2-2017 STM by Art. 30, AG 1-18-2018, eff. 2-15-2018]

§ 1-2 Enforcement.

Violation of any Town bylaw identified in § 1-3 hereof may, in the discretion of the Town officer who is the appropriate enforcing person, be enforced in the manner provided under MGL c. 40, § 21D. The enforcing person taking cognizance of a violation of any such bylaw which the enforcing person is empowered to enforce, as an alternative to initiating criminal proceedings, may give to the 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 21 days after the date of such notice. The noncriminal fine for each such violation shall be the amount identified in § 1-3 hereof.

§ 1-3 Applicability; fines.

The bylaws which are subject to this bylaw and related penalties/fines are as follows:

Bylaw	Original Enactment	Code Chapter/Article	Penalty/Fine
Bylaw regarding public consumption of alcoholic beverages	11-26-1973 TM, Art. 7	Ch. 108	$50
Bylaw regarding public use of marijuana	5-26-2009 TM, Art. 17	Ch. 200	$300
Bylaw regarding disorderly conduct	3-7-1927 TM, Art. 7	Ch. 221, Art. I	$20
Bylaw regarding disorderly conduct	10-3-1972 TM, Art. 7	Ch. 221, Art. III	$50
Bylaw regarding use of highways and streets	3-7-1927 TM, Art. 5	Ch. 239, Art. I	$20
Bylaw regarding obstruction of roadway with snow or ice	3-13-1972 TM, Art. 11	Ch. 239, Art. III	$50

§ 1-4 Definitions.

The phrase "enforcing person" as used in this bylaw shall mean any Town of Middleborough police officer with respect to any violation.

§ 1-5 Statutory provisions.

The provisions of MGL c. 40, § 21D shall apply to enforcement actions under this bylaw.