HOUSE DOCKET, NO. 333        FILED ON: 1/12/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2101

The Commonwealth of Massachusetts

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PRESENTED BY:

Angelo J. Puppolo, Jr.

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to outstanding fines, fees, penalties, or costs related to the use of fireworks or pyrotechnics in the city of Springfield.

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PETITION OF:

HOUSE DOCKET, NO. 333        FILED ON: 1/12/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2101

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to outstanding fines, fees, penalties, or costs related to the use of fireworks or pyrotechnics in the city of Springfield.

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.       Notwithstanding any general or special law to the contrary, in the city of Springfield if an outstanding fine, fee, penalty or cost related to or assessed as a result of the violation of any ordinance of the City of Springfield relative to the use or possession of fireworks or pyrotechnics, collectively referred to hereafter as "outstanding fireworks related collections owed", remains paid for fourteen (14) days after a demand therefor made more than 1 day after the outstanding fireworks related collections owed becomes due and payable, and if the tax collector of the city of Springfield elects to utilize the services of a deputy collector, then the deputy collector or the tax collector, as the case may be, shall send a notice of warrant to person owing the outstanding fireworks related collection in order to collect the delinquency. In the event that the delinquency is not paid within thirty (30) days to the notice of warrant, then a service warrant shall be made. If the delinquency remains unpaid after the service of warrant then the deputy collector may, at the discretion of the tax collector, return the uncollected warrants of those delinquencies to the tax collector. The tax collector or a designee, as the case may be, may at any time transmit, but at least on an annual basis, to the police commissioner of the police department of the city of Springfield, in a form approved by the police commissioner, notice of the nonpayment, specifying the name and address of the person to whom the delinquency is assessed, the amount due and all interest thereon and costs relative thereto and identifying information as to any motor vehicle(s) or, trailer(s) owned in the name of the person owing the outstanding fireworks related collection assessed and remaining delinquent, which was used in the course of the underlying Ordinance violation resulting in the fine, fee, penalty or cost at issue; provided, however, that no notice shall be transmitted to the police commissioner under this section at a time when there is a pending appeal of an underlying outstanding fireworks or pyrotechnics fine, fee, penalty or cost as the case may be.

Upon receipt of the notice of non-payment, the Springfield police department, or its designee, may remove said motor vehicle(s) or trailer(s) in the name of the of the person so assessed that is parked or standing in a public way within the city of Springfield to, and store in, a convenient place in the city until all charges lawfully imposed for the removal and storage have been paid and due notice has been received that either the delinquency provided in the warrants has been paid or security for the payment thereof has been deposited. Notice shall be made to the registered owner of the vehicle at the time of the service of warrant. Vehicles shall be eligible for impoundment twenty-two (22) days after the notice.

Under section 8 of chapter 135 of the General Laws, if the motor vehicle or trailer remains unclaimed in the possession of the police department of the city of Springfield, or its designee, for 1 month and the owner thereof or the owner's place of abode or business is unknown, or if the owner and the owner's place of abode or business are known and the owner, after receipt by registered mail of a written notice from the department or member to take possession of the property, refuses or fails to take possession for a period of 10 days following the receipt, the police department or its designee may sell the same, by public auction or any other licensed auction service, including sale over the internet, with notice of the time and place of sale and a description of the property to be sold, first being given by publishing the same once in each of three (3) successive weeks in a newspaper published in the city of Springfield.

SECTION 2. This act shall take effect upon its passage.