Bill Text: MA H1694 | 2009-2010 | 186th General Court | Introduced
Bill Title: Penalties for removing walls and fences without prior consent of the owner
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-06-14 - Read; and referred to the Senate Committee on Ethics and Rules [H1694 Detail]
Download: Massachusetts-2009-H1694-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Pam Richardson
_______________
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 passage of the accompanying bill:
An Act relative to historic stone walls.
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PETITION OF:
|
Name: |
District/Address: |
|
Pam Richardson |
6th Middlesex |
|
Christine E. Canavan |
10th Plymouth |
|
Steven J. D'Amico |
4th Bristol |
|
Paul McMurtry |
11th Norfolk |
|
Tom Sannicandro |
7th Middlesex |
|
Karen E. Spilka |
Second Middlesex and Norfolk |
The Commonwealth of Massachusetts
_______________
In the Year Two Thousand and Nine
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An Act relative to historic stone walls.
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. Chapter 266 of General laws is hereby amended by striking section 105 and inserting in placed thereof the following section:-
Section 105. Whoever will fully and without the consent of the owner pulls down or removes any position of a stone wall or fence of another shall be punished by imprisonment in a house of correction for not more than 6 months or by a fine of not more than $500 or not more than 3 times the value of the property so pulled down or removed, whichever is greater, or both such imprisonment and fine, and shall also be required to pay for the replacement or reconstruction of such stone wall or fence; provided, however, that when a fine is levied pursuant to the value of the property pulled down or removed, the court shall, after conviction, conduct an evidentiary hearing to ascertain the cost for the replacement or reconstruction of such stone wall or fence.
A police officer may arrest any person for commission of the offenses prohibited by this section without a warrant if said police officer has probable cause to believe that said person has committed the offenses prohibited by this section.
Upon conviction for said offense, the individual’s driver’s license shall be suspended for 1 year. If the individual convicted of pulling down or removing such stone wall or fence is under the age of 16, 1 year shall be added to the minimum age for driving of said individual.
