§ 9-81. Appeal rights.

A person aggrieved by (a) a final action of the chief of police to deny an application for any permit required under the terms of this article; or (b) final action of the chief of police to revoke any permit granted under the terms of this article; or (c) the issuance by the chief of police of a cease and desist order shall have the right to appeal to the city council of the city. Such appeal shall be taken by filing with the city clerk a written notice of appeal within 14 days of the date of issuance by the chief of police of the written decision or order appealed from. The notice of appeal shall set forth the date of the decision or order appealed, the name, address and telephone number of the aggrieved party, a statement setting forth the grounds for appeal and shall be signed by the aggrieved party.

The city council shall hear the appeal within 35 days of the date of filing of the notice of appeal and shall notify the aggrieved party of the date and time for hearing by notice of date, time and location of hearing mailed, postage prepaid, to the address set forth on the notice of appeal at least five days prior to the date of hearing. At such hearing the chief of police or his/her designee shall set forth his/her position on the matter, presenting such evidence as the city council president shall deem relevant. The aggrieved party shall be entitled to speak on his/her own behalf and shall be entitled to be represented by an attorney and present such evidence, including witnesses, as the city council president shall deem relevant. The hearing shall be nonadversarial in nature, strict rules of evidence shall not apply and matters of procedure and the conduct of the hearing not otherwise addressed herein shall be reserved for the determination of the city council president whose rulings and decisions thereon shall be final.

At the conclusion of the evidence, the city council shall by majority vote of those present and voting vote to affirm or reverse the decision of the chief of police. The decision of the council shall be based upon a substantial evidence. The requirements and exceptions of M.G.L.A. c. 39, § 23A-23C (Open Meeting Law) shall apply to these proceedings. The vote of the city council shall be final, with a written decision to be prepared by the city council president with delivery to the chief of police and to the aggrieved party by mailing, postage prepaid, or by such other means as is reasonably designed to assure delivery thereof, within a reasonable period of time. The minutes of the city council proceeding, together with any documentary or other physical evidence as submitted, shall constitute the record and shall be maintained by the city clerk.

The city council president may call upon the city law department for its counsel throughout the proceedings including its assistance in the preparation of the written decision. Failure of the aggrieved party to attend the hearing shall constitute a waiver of appeal rights, and the appeal shall be summarily dismissed by the city council president with the action of the chief of police thereby affirmed without further action by the city council.

(Ord. No. 1110, § A, 6-3-93)