Mass. Gen. Laws ch. 161A, sec. 42 — MA Code / Part I / Title XXII / Chapter 161A / Section 42
Notice of violation of public smoking law; fine; arrest
Status: in_force

Section 42. An officer of the authority may forthwith give to a person who violates the provisions of section 43A of chapter 272 a written notice to appear before the clerk of the district court having jurisdiction at any time during office hours, not later than 21 days after the date of such violation. Such notice shall be signed by the officer and shall be signed by the offender in acknowledgment that the notice has been received. The officer shall 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 to the offender's last known address, within five days of the offense, exclusive of Sundays and legal holidays. Such notice mailed by the officer, his commanding officer, or the person so authorized to the last address of said offender 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 section shall be deemed prima facie evidence thereof and shall be admissible in any court of the commonwealth as to the facts contained therein. At or before the completion of each tour of duty, the officer shall give his commanding officer those copies of each notice of such violation he has taken cognizance of during such tour which have not already been delivered or mailed by him as aforesaid. Said commanding officer shall retain and safely preserve one of such copies and shall, at a time not later than the next court day after said delivery or mailing, deliver another of such copies to the clerk of the court before whom the offender has been notified to appear. The clerk of each district court shall maintain a separate docket of all such notices to appear. Any person so notified to appear before the clerk of a district court may appear before such clerk and confess the offense charged, either personally or through an agent duly authorized in writing, or by mail to such clerk, with the notice, and the sum of $25, such payment to be made only by postal note, money order, or check. Payment of such sum shall operate as a final disposition of the case. Proceedings under this paragraph shall not be 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 notified to appear before the clerk of the 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 notify the officer concerned, who shall forthwith make a criminal complaint. If any person fails to appear in accordance with the summons issued upon such complaint, the clerk shall send such person, by certified mail, return receipt requested, a notice that the complaint is pending and that if the person fails to appear within 21 days from the sending of such notice, the court shall issue a warrant for his arrest. If a person fails to appear within 21 days from the sending of such notice, the court shall issue a warrant for his arrest. If, after an officer delivers a notice to an offender, the offender continues to violate said section 43A of said chapter 272, an officer of the authority may arrest such offender without a warrant. Any offender arrested under this section shall be subject to the fines and penalties provided under the provisions of said section 43A of said chapter 272.

Section 42. An officer of the authority may forthwith give to a person who violates the provisions of section 43A of chapter 272 a written notice to appear before the clerk of the district court having jurisdiction at any time during office hours, not later than 21 days after the date of such violation. Such notice shall be signed by the officer and shall be signed by the offender in acknowledgment that the notice has been received. The officer shall 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 to the offender's last known address, within five days of the offense, exclusive of Sundays and legal holidays. Such notice mailed by the officer, his commanding officer, or the person so authorized to the last address of said offender 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 section shall be deemed prima facie evidence thereof and shall be admissible in any court of the commonwealth as to the facts contained therein. At or before the completion of each tour of duty, the officer shall give his commanding officer those copies of each notice of such violation he has taken cognizance of during such tour which have not already been delivered or mailed by him as aforesaid. Said commanding officer shall retain and safely preserve one of such copies and shall, at a time not later than the next court day after said delivery or mailing, deliver another of such copies to the clerk of the court before whom the offender has been notified to appear. The clerk of each district court shall maintain a separate docket of all such notices to appear.

Any person so notified to appear before the clerk of a district court may appear before such clerk and confess the offense charged, either personally or through an agent duly authorized in writing, or by mail to such clerk, with the notice, and the sum of $25, such payment to be made only by postal note, money order, or check. Payment of such sum shall operate as a final disposition of the case. Proceedings under this paragraph shall not be 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 notified to appear before the clerk of the 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 notify the officer concerned, who shall forthwith make a criminal complaint. If any person fails to appear in accordance with the summons issued upon such complaint, the clerk shall send such person, by certified mail, return receipt requested, a notice that the complaint is pending and that if the person fails to appear within 21 days from the sending of such notice, the court shall issue a warrant for his arrest. If a person fails to appear within 21 days from the sending of such notice, the court shall issue a warrant for his arrest.

If, after an officer delivers a notice to an offender, the offender continues to violate said section 43A of said chapter 272, an officer of the authority may arrest such offender without a warrant. Any offender arrested under this section shall be subject to the fines and penalties provided under the provisions of said section 43A of said chapter 272.