SENATE, No. 1005

By Mr. Moore, a petition (accompanied by bill, Senate, No. 1005) of Richard T. Moore, Scott P. Brown and Edward G. Connolly for legislation relative to the noncriminal disposition of violations of regulations. The Judiciary

The Commonwealth of Massachusetts

Seal of the Commonwealth of Massachusetts

In the Year Two Thousand and Five.

AN ACT RELATIVE TO THE NONCRIMINAL DISPOSITION OF VIOLATIONS OF REGULATIONS

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1.

           Section 21D of chapter 40 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following three paragraphs: -

            Any city of town may by ordinance or by-law not inconsistent with this section provide for the noncriminal method of disposition of violations of any ordinance, by-law, rule or regulation of any municipal officer, board or department the violation of which is subject to a specific penalty.  In addition, any board of health may by regulation not inconsistent with this section provide for the noncriminal method of disposition of violations of its regulations the violation of which is subject to a specific penalty.

            Any such ordinance, by-law or regulation shall provide whether the person taking cognizance of a violation of a specific ordinance, by-law, rule or regulation which he is empowered to enforce, hereinafter referred to as the enforcing person, as an alternative to initiating criminal proceedings shall, or 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 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 offense charged, and the time and place for his required appearance.  Said 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 either:  deliver to the offender a copy of said notice at the time and place of the violation; or mail said copy to the offender’s last known address, within fifteen days after said violation.  Such notice, if so mailed shall be deemed 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.