Subsections 16-1.9, 16-1.9B, and 16-12.7 shall be enforced by the Commissioner of Health and Hospitals and his authorized agents, by the Commissioner of Housing Inspection and his authorized agents, by all Police Officers, by all special Police Officers including parking meter supervisors, so called, appointed under the provisions of Chapter 282 of the Acts of 1898, as amended, and by the Animal Control Officer appointed under Section 151 of Chapter 140 of the General Laws or the domestic charitable corporation from time to time performing by contract the duties of Animal Control Officer in accordance with said Section 151, and by the authorized agents of such Animal Control Officer or such domestic charitable corporation and the Animal Care and Control Unit of the Parks and Recreation Department. If any officer empowered to enforce subsections 16-1.9 and 16-12.7 takes cognizance of a violation thereof, he may, as an alternative to instituting criminal proceedings, forthwith give to the offender a written notice to appear before the Clerk of the District Court having jurisdiction at any time during office hours, not later than twenty-one (21)
days after the date of such violation. Such notice shall be in triplicate and shall contain the name and address of the offender, the specific offense charged, and the time and place for his required appearance. Such notice shall be signed by the officer, and shall be signed by the offender whenever practicable in acknowledgement that such notice has been received. The officer shall if possible deliver to the offender at the time and place of the violation a copy of said notice. Whenever 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 officer, or by his Commanding Officer, or by the Head of his Department, or by any person authorized by such Commanding Officer or Head of Department, to the offender’s last known address, or to the address of the owner of the dog as it may appear on the collar of such dog or as it may appear on the application for a license for such dog in the records of the Police Commissioner, within five (5) days thereof, exclusive of Saturdays, Sundays, and legal holidays. Such notice as so mailed shall be deemed a sufficient notice, and a certificate of the officer or person so mailing such notice that it has been mailed in accordance with this subsection shall be prima facie evidence thereof. At or before the completion of each tour of duty the officer shall give to his Commanding Officer or Department Head those copies of each notice of such a violation he has taken cognizance of during such tour which have not already been delivered or mailed by him as aforesaid. The Commanding Officer or Department Head shall retain and safely preserve one of the copies and shall, at a time not later than the next court day after such delivery or mailing, deliver another of such copies to the Clerk of the Court before whom the offender has been notified to appear.
Any person notified to appear before the Clerk of a District Court as hereinbefore provided may appear before such Clerk and confess the offense charged, either personally or through an agent duly authorized in writing, or by mailing to such Clerk, with the notice, the sum of fifty ($50.00) dollars, such payment to be made only by postal note, money order, or check. Payment to such Clerk of such sum shall operate as a final disposition of the case. Proceedings under this paragraph shall not be deemed criminal; and no person notified to appear before the Clerk of a District Court as provided herein shall be required to report to any probation officer, and no record of the case shall be entered in the probation records.
If any person so notified to appear before the Clerk of a District Court fails to appear and pay the fine provided hereunder or, having appeared, desires not to avail himself of the procedure hereinbefore provided for the non-criminal disposition of the case, the Clerk shall, as soon as may be, notify the officer concerned, who shall forthwith make a complaint and follow the procedure established for violations of these Ordinances.
As used in this section the term “District Court” shall include, with the limits of its jurisdiction, the Boston Municipal Court.
The notice to appear provided herein shall be printed in such form as may be satisfactory to the Chief Justice of the Boston Municipal Court and to the Administrative Committee of the District Courts as created by Section 43A of Chapter 218 of the General Laws.
The provisions of this subsection are severable, and if any of the provisions of this subsection shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
(CBC 1975 Ord. T14 § 369; Ord. 1979 c. 35; Ord. 1996 c. 8 § 3-5; Ord. 2000 c. 4 §§ 3-5; Ord. 2004 c.4 § 2; Ord. 2014 c. 15 §§ 15-17; Ord. 2019 c. 4 § 13)
Editor's Note:
The Building Department and the Housing Inspection Department were abolished and all powers and duties transferred to the Inspectional Services Department by Ch. 19 of the Ordinances of 1981 (Section 9-9 of this Code).