§ 9-103. Penalty and fines; payment procedure; appeals

(a) Penalty and fines for violations. Pursuant to this article and the powers granted by G.L. 1956, § 46-4-6.10, and G.L. 1956, title 46, ch. 22, and other General Laws of the state, the harbormaster, assistants or any police officer employed by the town police department are authorized to issue a form and a summons to any person who violates any provision of this article. Any person issued a form and a summons shall be subject to penalties and fines as set forth in this article, unless otherwise established by the state statute in accordance with the penalties ascribed to those violations. Any fine for a violation not specifically set forth in this article or otherwise established by state statute shall not exceed $100.00 per day or imprisonment not to exceed ten days. Each day a violation continues shall be deemed a separate offense subject to an additional penalty and fine.

(b) Informal procedure for the payment of fines.

(1) Payment without personal appearance. The harbormaster, assistants or police officers employed by the New Shoreham police department, who charge any person with an offense under this article, shall issue a form and a summons for the offense. The form and a summons shall allow the offender to dispose of the charge without the necessity of appearing before the district court of the state, or such other courts as are designated in the summons; provided, however, that any offender who has been guilty of a third or subsequent violation within 12 months of the first offense must appear before the district court on the date specified on the summons, and may not dispose of the third or subsequent offense administratively.

(2) Method of payment. An offender electing to dispose of the charge without personally appearing before the district court shall execute the form indicated and return it to the New Shoreham police station not later than 14 days from the date of the summons either by mailing or delivering the form and summons accompanied by a check or money order in the amount indicated by the schedule of fines on the form. The fine shall be doubled if not paid within 14 days and tripled if not paid within 21 days.

(3) Failure to answer. An individual who fails to execute the form and mail or deliver the form and summons accompanied by a check or money order in the amount indicated by the schedule of fines on the form within 21 days of the date of the summons, shall be deemed to have waived the right to dispose of the notice of violation without personal appearance and must appear before the District Court on the date specified on the summons.

(c) Procedure for appeals of fines and penalties. Any person aggrieved by any issuance of a fine or penalty by the harbormaster, assistants or by any police officer employed by the New Shoreham police department made under this article, may appeal by appearing before the district court on the date specified on the summons.

(Ord. of 3-19-2004, § 9-103; Ord. of 12-19-2005, § 9-103; Ord. of 6-2-2008, §§ 9-103, 9-103-1, 9-103-2)