12/18/1985 BOARD OF SELECTMEN Minutes

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r� .r• C'J MASHPEE ea POtic:'DEPAI� AEEST F, CVROUTE 1P51 KE. MASS D8&.R9 .a GENERAL ORDER SUBJECT: Non Criminal Disposition of Town By-Law Violations PURPOSE: This General Order establishes the procedure for Issuing and processing non-criminal citations for Town by-law offenses pursuant to the provisions of M.G.L.A. Chapter 40, Section 21D. PRO@EDEift - - Any officer who taking cognizance of any Town By-Law vio=------" - lation, may as an alternative to initiating criminal pro- ceedings, issue a by-law offender a non-criminal citation per the following procedure as set forth in Section 21D: A. Issue the offender a written notice (white copy) to appear before the Clerk of the District Court, Barn- stable 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 following if known: , 1) Name and address of the offender 2) Specific offense charges 3) The time and place for the offenders required court appearance 4) The notice shall be signed by the enforcing offi- cer, and shall be signed by the offender whenever practicable in acknowledgement that such notice was received. 5) The enforcing officer shall, if possible, deliver to the offender a copy of said notice at the time and place of the violation. 6) 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 to the offender' s last known address, within 15 days after said violation, by one of the following: a. Enforcing Officer ' b. Enforcing Officer's Commanding Officer or the head of his department. Such notice as so mailed shall be deemed a suffi- cient notice, and a certificate of the person so mailing such notice that it has been mailed in ac- cordance with Section 21.D shall be prima facie evi- dence.