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2 | 2 | | HOUSE DOCKET, NO. 333 FILED ON: 1/12/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2101 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Angelo J. Puppolo, Jr. |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to outstanding fines, fees, penalties, or costs related to the use of fireworks or |
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13 | 13 | | pyrotechnics in the city of Springfield. |
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14 | 14 | | _______________ |
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15 | 15 | | PETITION OF: |
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16 | 16 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Angelo J. Puppolo, Jr.12th Hampden1/11/2023 1 of 3 |
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17 | 17 | | HOUSE DOCKET, NO. 333 FILED ON: 1/12/2023 |
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18 | 18 | | HOUSE . . . . . . . . . . . . . . . No. 2101 |
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19 | 19 | | By Representative Puppolo of Springfield, a petition (accompanied by bill, House, No. 2101) of |
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20 | 20 | | Angelo J. Puppolo, Jr. (with the approval of the mayor and city council) relative to outstanding |
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21 | 21 | | fines, fees, penalties, or costs related to the use of fireworks or pyrotechnics in the city of |
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22 | 22 | | Springfield. Municipalities and Regional Government. [Local Approval Received.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to outstanding fines, fees, penalties, or costs related to the use of fireworks or |
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29 | 29 | | pyrotechnics in the city of Springfield. |
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30 | 30 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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31 | 31 | | of the same, as follows: |
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32 | 32 | | 1 SECTION 1. Notwithstanding any general or special law to the contrary, in the city of |
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33 | 33 | | 2Springfield if an outstanding fine, fee, penalty or cost related to or assessed as a result of the |
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34 | 34 | | 3violation of any ordinance of the City of Springfield relative to the use or possession of fireworks |
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35 | 35 | | 4or pyrotechnics, collectively referred to hereafter as "outstanding fireworks related collections |
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36 | 36 | | 5owed", remains paid for fourteen (14) days after a demand therefor made more than 1 day after |
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37 | 37 | | 6the outstanding fireworks related collections owed becomes due and payable, and if the tax |
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38 | 38 | | 7collector of the city of Springfield elects to utilize the services of a deputy collector, then the |
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39 | 39 | | 8deputy collector or the tax collector, as the case may be, shall send a notice of warrant to person |
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40 | 40 | | 9owing the outstanding fireworks related collection in order to collect the delinquency. In the |
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41 | 41 | | 10event that the delinquency is not paid within thirty (30) days to the notice of warrant, then a |
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42 | 42 | | 11service warrant shall be made. If the delinquency remains unpaid after the service of warrant 2 of 3 |
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43 | 43 | | 12then the deputy collector may, at the discretion of the tax collector, return the uncollected |
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44 | 44 | | 13warrants of those delinquencies to the tax collector. The tax collector or a designee, as the case |
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45 | 45 | | 14may be, may at any time transmit, but at least on an annual basis, to the police commissioner of |
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46 | 46 | | 15the police department of the city of Springfield, in a form approved by the police commissioner, |
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47 | 47 | | 16notice of the nonpayment, specifying the name and address of the person to whom the |
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48 | 48 | | 17delinquency is assessed, the amount due and all interest thereon and costs relative thereto and |
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49 | 49 | | 18identifying information as to any motor vehicle(s) or, trailer(s) owned in the name of the person |
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50 | 50 | | 19owing the outstanding fireworks related collection assessed and remaining delinquent, which was |
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51 | 51 | | 20used in the course of the underlying Ordinance violation resulting in the fine, fee, penalty or cost |
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52 | 52 | | 21at issue; provided, however, that no notice shall be transmitted to the police commissioner under |
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53 | 53 | | 22this section at a time when there is a pending appeal of an underlying outstanding fireworks or |
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54 | 54 | | 23pyrotechnics fine, fee, penalty or cost as the case may be. |
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55 | 55 | | 24 Upon receipt of the notice of non-payment, the Springfield police department, or its |
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56 | 56 | | 25designee, may remove said motor vehicle(s) or trailer(s) in the name of the of the person so |
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57 | 57 | | 26assessed that is parked or standing in a public way within the city of Springfield to, and store in, |
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58 | 58 | | 27a convenient place in the city until all charges lawfully imposed for the removal and storage have |
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59 | 59 | | 28been paid and due notice has been received that either the delinquency provided in the warrants |
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60 | 60 | | 29has been paid or security for the payment thereof has been deposited. Notice shall be made to the |
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61 | 61 | | 30registered owner of the vehicle at the time of the service of warrant. Vehicles shall be eligible for |
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62 | 62 | | 31impoundment twenty-two (22) days after the notice. |
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63 | 63 | | 32 Under section 8 of chapter 135 of the General Laws, if the motor vehicle or trailer |
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64 | 64 | | 33remains unclaimed in the possession of the police department of the city of Springfield, or its |
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65 | 65 | | 34designee, for 1 month and the owner thereof or the owner's place of abode or business is 3 of 3 |
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66 | 66 | | 35unknown, or if the owner and the owner's place of abode or business are known and the owner, |
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67 | 67 | | 36after receipt by registered mail of a written notice from the department or member to take |
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68 | 68 | | 37possession of the property, refuses or fails to take possession for a period of 10 days following |
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69 | 69 | | 38the receipt, the police department or its designee may sell the same, by public auction or any |
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70 | 70 | | 39other licensed auction service, including sale over the internet, with notice of the time and place |
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71 | 71 | | 40of sale and a description of the property to be sold, first being given by publishing the same once |
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72 | 72 | | 41in each of three (3) successive weeks in a newspaper published in the city of Springfield. |
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73 | 73 | | 42 SECTION 2. This act shall take effect upon its passage. |
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