§ 8-60. Violation/penalty and enforcement.

(a)

The owner, lessee or other person or legal entity in control of the property where an unattended donation box is being maintained in violation of this article and the person or entity which owns, maintains or operates an unattended donation box in violation of this article shall be jointly and severally liable therefore.

(b)

The board of health, through its authorized agents and employees, is hereby empowered to enforce the provisions of this section pursuant to M.G.L.A. c. 40, § 21D.

(c)

Whoever violates the provisions of this section shall be penalized by a non-criminal penalty of $50.00 for the first offense, $100.00 for the second offense and $200.00 for the third and each subsequent offense.

(d)

Each and every day of the violation shall constitute a distinct and separate offense.

(e)

A permit may be revoked by the director of public health if any violations of sections 8-58 and 8-59. The director of public health shall provide a written notification to the operator of the unattended donation box stating the specific grounds for the revocation. Upon revocation, the unattended donation box shall be removed within 30 calendar days.

(f)

In the event that any provision of this article shall be deemed illegal or otherwise unenforceable by a court of competent jurisdiction, then only that specific provision shall not be enforced and all other sections and provisions shall remain in full force and effect.

(Ord. No. 1684, 8-16-18)