NON-CRIMINAL DISPOSITION OF MUNICIPAL
ORDINANCE, RULE OR REGULATION VIOLATIONS
Sec. 17-1. Authorization
Sec. 17-2. Authority of enforcing officer
Sec. 17-3. Notice to appear
Sec. 17-4. Delivery of notice
Sec. 17-5. Notice of violation; filing with court
Sec. 17-6. Non-criminal dockets
Sec. 17-7. Appearance and confession
Sec. 17-8. Appearance not to be considered a criminal proceeding
Sec. 17-9. Appearance to contest; hearing
Sec. 17-10. Hearing and disposition
Sec. 17-11. Proceeding not to be criminal
Sec. 17-12. Failure to appear; issuance of complaint
Sec. 17-13. Notice; form
Sec. 17-14. Fines; collection
Sec. 17-15. Criminal penalties
Sec. 17-16 Term "District Court" includes N.E.
Housing Court
Sec. 17-17 Ticketing for Violation of Subdivision Approvals
CHAPTER 17-NON-CRIMINAL DISPOSITION OF MUNICIPAL ORD/ RULE/ REGULATION VIOLATIONS
Pursuant to the provisions of Chapter 40, Section 21D of the General Laws of the Commonwealth of Massachusetts, this ordinance is established to govern the non-criminal disposition of ordinance, rule and regulation violations.
Section 17-2. Authority of Enforcing Officer
Any person taking cognizance of a violation of a specific ordinance, rule or regulation which he is empowered to enforce as an alternative to initiating criminal proceedings may seek non-criminal disposition of the matter as provided for in Section 17-3.
Section 17-3. Notice to Appear
The enforcing officer as provided for in Section 17-2 shall give to the offender a written notice to appear before the Clerk of the District Court at a specific time and date, 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 ordinance, rule or regulation violated 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.
Section 17-4. Delivery of Notice
The enforcing person shall, if possible, deliver to the offender a copy of the notice specified in Section 17-3 at the time and place of the violation.
If the above specified delivery of notice is not possible, then the notice 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 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.
Section 17-5. Notice of Violation; Filing with Court
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 violations as he has taken cognizance of during such tour which have not already been delivered or mailed by him aforesaid.
Said commanding officer or department head shall retain and safely preserve one copy and shall, at the time not later than the next court day after such delivery or mailing, deliver the other copy to the Clerk of the Lawrence District Court.
Section 17-6. Non-Criminal Dockets
Pursuant to the provisions of Chapter 40, Section 21D, the Clerk of the District Court shall maintain a separate docket of all notices to appear issued pursuant to this Chapter.
Section 17-7. Appearance and Confession
Any person notified to appear before the Clerk of the 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 Clerk of the City of Methuen, together with the notice, such specific sum of money, not exceeding three hundred dollars as the City shall fix as 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 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.
Section 17-8. Appearance Not to be Considered a Criminal
Proceeding
An appearance under this ordinance shall not be deemed to be a criminal proceeding.
No person so notified to appear before the Clerk of the District Court shall be required to report to any probation officer, and no record of the case shall be entered in any probation records.
Section 17-9. Appearance to Contest; Hearing
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 Chapter, he may, within twenty-one (21) days after the date
of the notice, request a hearing in writing.
Section 17-10. Hearing and Disposition
The hearing specified in Section 17-9 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 the 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 final disposition of the case.
Section 17-11. Proceeding Not to be Criminal
Proceedings held pursuant to this section 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 officer as a result of such violation, nor shall any record of the case be entered in the probation records.
Section 17-12. Failure to Appear; Issuance of Complaint
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 Section 17-10, 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, rule or regulation.
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.
Said notice may also include a notice of violations pursuant to Section 11C of Chapter 85, Section 18A of Chapter 90, Section 16A of Chapter 270 and Section 173A of Chapter 140, all of the Massachusetts General Laws; provided, however, that this procedure shall not be used for the enforcement of municipal traffic rules and regulations. Chapter 90C of the General Laws shall be the exclusive method of enforcement of municipal traffic rules and regulations.
Section 17-14. Fines; Collection
Any fines imposed under the provisions of Chapter 17 of the Methuen Municipal Code shall inure to the benefit of the City for such use as the City may direct.
Section 17-15. Criminal Penalties
This Chapter shall not be interpreted to limit the means or method of punishing violators of municipal ordinances,/ rules or regulations, and the enforcing officials, as an alternative to acting under this Chapter, may seek criminal penalties where appropriate or necessary.
Section 17-16. The term "District Court" shall include the Northeast Housing Court.
Section 17-17. Ticketing for Violation of Subdivision Approvals
In the instance where the Community Development Board shall determine that there has been a violation of the Subdivision Rules and Regulations, including the approval and endorsement of subdivisions, said Board shall cause to be served upon the responsible party a Notice to Correct specifying a date on which the correction of the violation shall be made.
In the instance where the responsible party does not correct said violation within the period specified, the responsible party shall be subject to a fine of One Hundred Dollars ($100.00) per day or each part thereof during which said violation continues. The Community Development Board may utilize the non-criminal disposition of Chapter 17 in assessing such fine.
((Ord. #317, Effective February 2nd, 1989; as amended by Ord.
#422, Effective September 4th, 1991; as further amended by Ord. #635, Effective
April 1st, 1998; as further amended by Ord. #738, Effective June 6, 2002)