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. There shall be a pilot program in the city of Brockton to determine the effectiveness of permitting cities to establish their own fines and other penalties for illegal dumping within the city limits and of further permitting cities to retain the revenues generated by such fines for the purpose of financing enforcement against illegal dumpi ng.
SECTION 2. Notwithstanding any general or special law, rule or regulation to the contrary, it shall be unlawful for any person, directly or indirectly, to dump, place, throw, deposit or discharge any refuse, rubbish, garbage, household goods, appliances or furniture, construction debris, landscaping debris, scrap, trash or other material of any kind on any way, public or private, appearing on the city assessor’s map of the city of Brockton, or within 20 yards thereof, or on any land owned or controlled by the city.
SECTION 3. Notwithstanding any general or special law, rule or regulation to the contrary, it shall be unlawful for any person owning, in whole or in part, directly or indirectly, any real property, including ownership of any right to pass and repass on a private way in said city, upon which any refuse, rubbish, garbage, household goods, appliances or furniture, construction debris, landscaping debris, scrap, trash or other material of any kind has been dumped, placed, thrown, deposited or discharged to fail to remove such material within 7 calendar days of receipt of a written notice from any police officer, code inspector or such other officer or employee of the city of Brockton duly authorized by ordinance or order of the mayor or board of health to remove and lawfully dispose of such material.
SECTION 4. The city of Brockton may enforce section 2 by instituting a criminal or civil action in the housing court or superior court of Plymouth county or in the Brockton district court and may enforce section 3 by filing a civil action in any of said courts. No action commenced as a criminal action shall be converted to a civil enforcement action except with the consent of the city.
SECTION 5. Whoever is convicted of violating section 2 shall be punished by a fine of not less than $5,000 nor more than $10,000, or by imprisonment in the house of correction for not more than 7 days, or by both such fine and imprisonment.
SECTION 6. Whoever is found responsible in a civil action of violating section 2 or 3 shall be assessed a fine of 3 times the amount, up to a maximum of $5,000, estimated or actually paid by the city to remove the illegally deposited material from the property. The court may also exercise its powers in equity to issue such other orders and injunctions as it deems justified by the circumstances of each case.
SECTION 7. All fines and penalties imposed for violations of this act shall be paid to the city of Brockton. Notwithstanding section 53 of chapter 44 of the General Laws or any other general or special law to the contrary, the city shall maintain a special account known as the refuse enterprise account into which all such payments shall be deposited. The city treasurer may invest funds in the account in the manner authorized by sections 55 and 55B of chapter 44 of the General Laws, and any interest earned on the account shall be credited to and become part of the account. The city shall appropriate and expend amounts from the account for the purpose of financing the enforcement of this act, removing improperly deposited material from the property governed by this act and financing programs and personnel involved in the collection and lawful disposal of unwanted household goods generated by residents of the city.
SECTION 8. This act shall become inoperative on July 31, 2010.
SECTION 9. This act shall take effect upon its passage.
Approved February 8, 2007.