(Approved Through February 2008)
ARTICLE I TOWN
MEETINGS 4
ARTICLE II WARRANTS
FOR TOWN MEETINGS 4
ARTICLE III RULES
OF PROCEDURE AT TOWN MEETINGS 4
ARTICLE IV TOWN
REPORTS 5
ARTICLE V FINANCE, APPROPRIATION
AND ADVISORY 6
COMMITTEE
ARTICLE VI DUTIES
OF TOWN OFFICERS 7
ARTICLE VII COLLECTORS
AND DEALERS OF JUNK AND 10
KEEPERS
OF JUNK SHOPS
ARTICLE VIII USE
OF STREETS AND SIDEWALKS
10
ARTICLE
ARTICLE X PARKING
RULES 12
ARTICLE XI LICENSES AND PERMITS 13
ARTICLE XII MISCELLANEOUS PROVISIONS 16
ARTICLE XIII PENALTIES 17
ARTICLE XIV
ARTICLE XV INVENTORY 19
ARTICLE XVI ACCEPTANCE OF NEW STREETS 19
ARTICLE XVII SOIL
OR LOAM REMOVAL 20
ARTICLE XVIII WATER
AND SEWER 20
ARTICLE XIX AMENDMENTS/ALTERATIONS
OF BY-LAWS 22
EXCLUDING
ZONING
ARTICLE XX HISTORICAL
COMMISSION – UNDER THE 22
ARTICLE XXI STORAGE OF UNREGISTERED
MOTOR VEHICLES 22
ARTICLE XXII INTOXICATING BEVERAGES ON
TOWN OWNED PROPERTY 23
ARTICLE XXIII SWIMMING POOLS AND HOT
TUBS 23
ARTICLE XXIV
ARTICLE XXV RULES
AND REGULATIONS USE OF LAKES 24
ARTICLE XXVI CEMETERY BY-LAWS 25
ARTICLE XXVII DOG CONTROL BY-LAW 26
ARTICLE
XXVIII
DISCHARGE OF WATER 30
ARTICLE XXIX FEES 31
ARTICLE XXX MUNICIPAL INSURANCE FUND 31
ARTICLE XXXI WORKER’S COMPENSATION
INSURANCE 31
ARTICLE XXXII PERSONNEL POLICIES AND 31
ARTICLE XXXIII FISCAL YEAR 33
ARTICLE XXXIV FLOODLIGHTED AREAS –
DISCHARGE FIREARMS 33
ARTICLE XXXV
ILLEGAL
DUMPING 33
ARTICLE XXXVI ALARM SYSTEM REGULATIONS 34
ARTICLE
BY-LAWS OF THE TOWN OF
ARTICLE XXXVIII CAPITAL
IMPROVEMENT PLANNING COMMITTEE 37
ARTICLE
XXXIX DEMOLITION DELAY FOR
STRUCTURES OF HISTORICAL OR 38
ARCHITECTURAL
SIGNIFICANCE BYLAW
ARTICLE XL
HOME RULE BY-LAW (FOR FIRE CHIEF) 40
ARTICLE XLI
INVESTMENT POLICY 42
ARTICLE XLII
CONSERVATION CONSULTANT FEES 45
APPENDIX A: TABLE OF
BY-LAW AMENDMENTS 46
ARTICLES 1-16
ADOPTED MARCH 19, 1952 (EFFECTIVE 12/18/52) IN
ACCORDANCE WITH
CHAPTER 40, SECTION 32 AS AMENDED BY
CHAPTER 337, ACTS
OF 1952.
ARTICLE I TOWN MEETINGS
Section 1. The Annual Town Meeting for the adoption of
the fiscal budget, various
non-financial articles and
other business shall be held the last Monday
in May and a second session
for the consideration of financial articles
and other business shall be
held on the first Monday in November, unless
said Monday is a legal
holiday or the following day is a State Election in
which case instead on the
preceding Monday. Town Meetings shall be
held at Town Hall or other
adequate place to be designated by the Board
of Selectmen in the warrant
announcing the meeting.
Section 2. The
election of Town Officers shall be held on the Monday following
the first Saturday of May, in the Town Hall or
any other adequate place
to be designated by the Board of Selectmen in
the warrant announcing
the meeting.
ARTICLE II WARRANTS FOR TOWN MEETINGS
Section 1. Every warrant of town meetings shall be served by posting an attested
copy thereof at the
ARTICLE III RULES OF PROCEDURE AT TOWN MEETINGS
Section 1. Every
town meeting for the election of officers by official ballot shall
promptly at the appointed
for such meeting, be called to order by the
proper presiding officer; In
the absence of such officer the Town Clerk
shall call the meeting to
order and shall preside until the arrival of such
officer or the election of a
temporary presiding officer.
Section 2.
Immediately after the calling of the meeting to order by the proper
presiding officer, the
warrant for the town meeting and the return of the
person who served the same
shall first be read by the Town Clerk,
unless the meeting votes
that the reading of the articles in the warrant
be dispensed with and
immediately thereafter the polls shall be
declared open for
voting.
Section 3. Every
town meeting for the transaction of municipal business, other
than the election of Town
Officers by official ballot, shall promptly at the
appointed time or as soon
thereafter as fifty-one (51) registered voters
are in attendance be called
to order by the Moderator; In the absence
of the Moderator, such
meeting shall be called to order by the Town
Clerk who shall preside
until a temporary Moderator is chosen who
shall act during the absence
of the Moderator.
Section 4.
Immediately after calling the meeting to order by the Moderator, the
Warrant for the Town Meeting
and the return of the person who served
the same shall first be read
by the Town Clerk, unless the meeting votes
that the reading of the
articles in the warrant be depensed with.
Section 5.
Unless otherwise ordered by the Moderator or by vote of the meeting,
no person whose name is not
on the list of registered voters shall be
admitted to the hall where
the meeting is being held; this provision shall
be enforced with the use of
the check list and the Moderator shall
determine the bounds of the
hall.
Section 6.
Immediately after the calling of the meeting to order, unless otherwise
ordered by the Moderator or
by vote of the meeting, all persons shall be
seated with heads uncovered.
No person shall remain standing, except
when he addresses the
Moderator. While the meeting is is session, no
one shall converse or
otherwise distract the attention of himself or others
from the business under
consideration.
Section 7. The Moderator shall preserve order and
decorum. He may speak on
points of order in
preference to other voters and he shall decide all
questions subject to an
appeal as hereafter provided in Section 9. Every
question of order with the
decision thereon shall be entered by the
Clerk in the records of the
meeting.
Section 8. The Moderator may appoint a voter to perform
the duties of the
Moderator while he addresses
the meeting or in case he is called away
from the meeting.
Section 9. On matters requiring a two
thirds vote by statute a count need not be taken unless the
vote so declared is
immediately questioned by seven or more voters as
provided in Massachusetts
General Laws, Chapter 39, Section 15.
Portion Res. Sec. 9 3/6/71
Amended Sec. 9 5/19/97
Section 10. There shall be a quorum
requirement of Fifty-One(51) voters for the
transaction of business at
any Town Meeting.
Section 11. Such elective town officers
as are not required by law to be chosen by
ballot shall be elected by
voice vote unless the meeting at which they
are chosen determines
otherwise.
Section 12. The procedure and conduct
of the business meeting of the town not
otherwise herein provided
for shall be governed by the latest edition of
Robert’s Rules of Order,
revised so far as they are applicable and are
not inconsistent with
by-laws of the town.
Section 13. A vote upon any question at
a town meeting may be required to
be taken by secret ballot either by order of
the Moderator or by
the request of
(10) ten or more voters.
ARTICLE IV TOWN REPORTS
Section 1. The annual town reports shall be printed in
book form and available on
or before April 25th
and contain;
a) The report of all Town
Boards, Officers and Committees having
control of expenditure of
the town’s money.
b) A list of the appropriations
for the past year and those recommended
for the coming year.
c) A report of all town
meetings held during the year, including the
articles of the warrants and
following each article the action of the
meeting thereon.
d) Reports of all special
committees made at any meetings held during
the year together with any
other action taken at said meetings, including
committee appointments and
resolutions passed.
e) Valuation list and lists of
the taxes shall be published every five years.
Section 2. All By-Laws, Rules, Regulations and Standing
votes, amendments and
revisions thereto in force
covering town meetings or relating to the town
business shall be published
as a booklet, to be available at the Town
Clerk’s office following
adoption of these bylaws.
ARTICLE V FINANCE,
APPROPRIATION AND ADVISORY COMMITTEE
Section 1. There shall be a Finance, Appropriation and
Advisory Committee for the
town who shall perform the
duties set forth in the following sections of
this article and be governed
by the provisions thereof. Said committee
shall consist of nine
citizens of the town and said committee shall be
appointed as provided in the
following section and no person already
holding an elective or
appointed town office or town employee shall be
eligible to serve on said
committee. *”Quorum for said committee shall
be a majority of the members
currently appointed.” The term already
means
once a person is appointed
to the Finance, Appropriation and Advisory
Committee, may appoint
members to serve on town committees that require
such service by either town
vote or by town by-law. All members of such
committee shall be sworn to
the faithful performance of their duties, said
committee to be known as the
F.A.A. Committee. Nothing in these By-Laws
shall be interpreted so as
to prevent a member of the Finance, Appropriation
and Advisory Committee from
being appointed to serve on a committee,
board or commission of the
Town of
Finance, Appropriation and
Advisory Committee.
Section 2. The members of the committee as constituted
at the time of adoption
of these Bylaws shall
continue in office until the respective term for
which they are appointed
shall have expired and within seven days after
the annual town election,
the Moderator shall appoint from the citizens
of the town five members of
said committee to serve for the term of
three years. The term of
office of said committee shall expire at the
annual town election
following which their successors are appointed.
Said committee shall choose
its own officers and shall serve without
pay, excepting, however,
that the secretary thereof may receive such
compensation as the town may
by vote, provide. Said committee shall
cause to be kept a true
record of its preceedings.
Section 3. To this committee shall be referred all
articles in any warrant for a town
meeting hereafter issued.
The Selectmen, after drawing any warrant for
a town meeting, shall
transmit immediately a copy thereof to each
member of the committee and
said committee shall consider all articles.
A public hearing shall be
held on any article, unless a public hearing by
some other tribunal is
required by law and a notice of such hearing
shall be given by posting a
copy thereof at the main entrance of the
Town Hall. No provision of
these By-Laws shall prevent the Finance,
Appropriation and Advisory
Committee from sponsoring articles to be
included in Town Meeting
warrants and from holding hearings on such
articles and making
recommendations with regard to such articles.
Section 4. It shall be the duty of the F.A.A. Committee
to consider the annual
Budet submitted to the
F.A.A. by the Board of Selectmen and add another
column to the Accountant’s
prepared statement, giving the amounts which in its opinion shall be
appropriated for the ensuing year and shall prepare a statement giving
explanations
and suggestions in relation
to the proposed appropriations as it may
deem expedient and report
thereon as provided in Section 7 below.
Section 5. Said committee shall have control of the
Reserve Fund as provided in
Chapter 40, Section 6 of
MGL.
Section 6. Whenever any vacancy shall occur in said
committee by resignation,
removal from town, death,
failure to qualify or otherwise, said vacancy
shall be filled by the
Moderator. If any member is absent from three
consecutive meetings of said
committee, or attends less than seventy-five
percent of the meetings
scheduled, except in case of illness, or
extenuating circumstances
voted by said committee, his position shall
be declared vacant and
filled by the Moderator after consultation with said
committee. The term of
office of all persons chosen as aforesaid to fill
vacancies, shall expire at
the town election next succeeding said vacancy
and within 7 days after said
annual town election. The Moderator shall
appoint a successor to fill
out the unexpired term of each member whose
office has been vacated.
Section 7. It shall be the duty of said committee to
make a report in print and in
a local newspaper, if possible, with
recommendations relative to all
articles in the warrant; the report to be
available prior to the meeting.
Rev. Sec. 6 1977, Amended Sec. 1 6/27/95,
Amended Sec. 3 6/17/96 Amended Sec. 1
6/17/96, Added *Sec. 1, 10/17/01, Amended Sec. 1, 10/30/07
ARTICLE
VI DUTIES
OF TOWN OFFICERS
Section 1. The Selectmen are authorized to prosecute
and defend all suits or other
actions to which the town is
party and may settle claims against the
town provided the amount to
be paid shall not exceed two thousand
dollars. ($2,000.00)
Section 2. Each Town Officer, Board, and Committee,
shall annually on or before
the fifteenth day of March
each year, prepare and submit to the Board
of Selectmen, a report in
writing covering clearly and concisely the work
of his department for the
preceding year and submit annual estimates
on or before the first day
of February, in accordance with Chapter 41,
Section 59 of the General
Laws.
Section 3. The Treasurer in his annual report shall set
forth specifically as follows:
a) The objects, if any, for
which the debt of the town was increased
during the preceding year.
b) A statement of all
expenditures and receipts of the Town in such
detail as to give a fair and
full exhibit of the objects and methods of all
expenditures.
c) A list of all obligations
issued by the Town during the year, showing
the purpose for which the
money was borrowed, the date, the amount,
rate of interest and date of
maturity of each.
d) A list of obligations paid
by the Town during the year and a list of all
outstanding obligations of
the Town with date of maturity thereof.
e) A list of all properties
placed in his charge by law or by virtue of any
gift, devise, bequest,
deposit or otherwise.
f) A summary of the financial
condition of the Town and a statement
showing the expenditures and
debt of the Town during the last ten
years.
Section 4. Upon request in writing by any Town
Department authorized to collect
town monies, the Treasurer
shall withold payment of any money
payable to any person
indebted to said department to an amount not
exceeding the unpaid
account.
Section 5. No Town Officer and no salaried employee or
member of any standing
committee of the Town or any
agent of such officer or employee shall
receive any compensation or
commission for work done by him in his
own department, except his
official salary and fees allowed by law,
without permission of the
Board of Selectmen expressed in a vote
which
shall appear on their
records with the reason thereof.
Section 6. No officer or appointee of the Town shall in
his official capacity make
or pass upon or participate
in making or passing upon, any sale, contract
or agreement or the terms or
amount of any payment in which the
town is interested and in
which such officer has any personal financial
interest. (direct or
indirect)
Section 7. Every contract entered into by the Town
exceeding Ten Thousand
Dollars ($10,000.00) shall
be accompanied by a suitable bond for the
faithful performance of the
same or by the deposit of money or security
to the amount of said
bond.
Section 8. No contract involving the creation of an
obligation against the Town
exceeding the sum of Two
Hundred Dollars, shall at any time be made
except by vote of the
Committee or Board having supervision of the
department to which the same
relates and in all cases where the
contract exceeds the amount
of Five Hundred Dollars ($500.00) the same
shall be in writing signed by at least a majority of the
Board or Committee
making such contract and a
duplicate of the same shall be furnished
to the
Town Accountant within 7
days of the signing of said contract.
Section 9. No contract for construction work, whether for
repairs or original
construction, or for the
purchase of apparatus, supplies or materials, the
estimated cost of which
amount to Fifteen Thousand Dollars ($15,000.00)
or more, except in the case
of special emergency involving the health or
safety of the people or
their property, shall be awarded unless
proposals for the same have
been invited by the officer, board or
committee authorized by the
town to make the contract, by advertisement
in a local newspaper
published once a week for at least one
week before the time
specified for the opening of said proposals. Such
advertisement shall state
the time and place where plans and
specifications of proposed
work or apparatus, supplies or materials may
be had and the time and
place for opening the proposals in answer to
said advertisement and shall
reserve for the Town the right to reject any
or all such proposals. All
proposals shall be opened in public. No
contract or preliminary
plans and specifications therefore shall be split
or divided for the purpose
of evading the provisions of this section.
Rev. Sec.9, 5/19/97
Rev. Sec. 9, 10/17/01
Section
10. All
resignations of elected officers or appointees of the Town shall be
sent to the Town Clerk, who
shall notify the Selectmen.
Section 11. The location of all Fire
Alarm Boxes shall be determined by the Board
of Selectmen.
Section 12. All bills, accounts and
vouchers presented to the Selectmen for
payment shall bear the
signature of approval, in their own handwriting,
of a majority of the members
of each department contracting the same.
Section 13. All bills of the Town,
including payroll, shall be paid as often as once
a week, or at the discretion
of the town accountant.
Section 14. THE COLLECTOR OF TAXES: The annual report of
the Collector of
Taxes shall contain a
statement of the amount committed to him for
collection; amount of
interest collected; amount paid to the Treasurer;
amount of abatements and
discounts; amount of uncollected taxes,
water charges, sewer and
sidewalk assessments, for each year and
cash on hand.
a) The Collector of Taxes shall
maintain an office in the Town Hall
building with the Collector
or a bonded deputy collector in attendance.
Reasonable office hours to
meet the requirements of the public shall
be approved by the Board of
Selectmen.
b) The collector of Taxes shall
collect, under the title of Town Collector,
all
accounts due the Town except interest on investments of trust funds.
c) All accounts coming due the
Town shall forthwith be committed by
several
officers, boards and committees of the Town to the Town
Collector,
together with all available information in relation thereto.
d) If it shall seem advisable
to the Town Collector that suit should be
instituted
on behalf of the Town for the establishment
or collection of any
account
due the Town, he shall so notify the Selectmen, and he shall
report to them from time to
time, as they may direct, upon all uncollected
accounts in his hands. The
selectmen shall take such action with
respect to all such accounts
as they may deem expedient and consistent
with the interests of the
Town.
Section 15. Tree Warden And Moth Superintendent:
A. Appointment. Pursuant to M.G. L. Chapter 41 Section 106,
the Board of Selectmen shall appoint the Tree Warden.
B.
Term. The Appointment of the Tree Warden shall be
for three (3) years.
C. Pay for Services. Any person or firm requiring
the service of the Tree Warden and Moth Superintendent shall pay for services
at an hourly rate equal to the hourly rate of the General Foremen of the Department. Said costs shall be paid to the Town of Dudley.
Section 16.
The following elected official offices;
Town Clerk, Treasurer,
Collector, Personnel Board, Board of Assessors, Board of
Health,
Building, Planning and Zoning Board of Appeals, Water and
Sewer
Commissions, Conservation and the Board of Selectmen to
have office
Hours one (1) night a week without any increase in the
Number of hours currently
worked and that the Board of Selectmen set the appropriate day and time within
the week.
Section
17. TOWN ADMINISTRATOR: All proposed expenditures
by individuals or departments for the next fiscal year shall be submitted to
the Town Administrator, no later than the third Friday in January. The Town Administrator shall prepare a budget
for the Board of Selectmen to adopt pursuant to the provisions of Chapter 39,
Section 16, of the Massachusetts General Laws.
Upon adoption of the budget, the Board of Selectmen shall forthwith submit
the budget to the F. A. A. Committee for its consideration pursuant to the
provisions of ARTICLE V of these By-Laws.
Rev.
Sec. 1 1979; Sec. 2 1956, 1974; Sec. 9 1966, 1980; Sec. 12
1966;
A. Sec. 13 1979; A. Sec. 15 1966, Amended Sec. 7 1995
ARTICLE
VII COLLECTORS AND DEALERS OF JUNK AND KEEPERS OF JUNK SHOPS
Section 1. The selectmen may license suitable persons
to be Collectors of,
Dealers in, or Keepers of
shops for purchase, sale or barter of junk, old
metals or second-hand
articles; and no person shall be a dealer in or
keeper of a shop as
aforesaid without a license; and the Selectmen may
revoke such license at their
pleasure.
Section 2. The Selectmen shall require that any place,
vehicle or receptacle used
for the collection or
keeping of the articles aforesaid, may be examined
at all times by the
Selectmen or by any person by them authorized to
make such examination.
Section 3. No person licensed as junk collector shall,
directly or indirectly, either
purchase or receive by way
of barter or exchange any of the articles
aforesaid, except rags or
bottles, of a minor or apprentice knowing or
having reason to believe him to be such.
ARTICLE
VIII USE OF STREET AND SIDEWALKS
Section 1. All warnings, signs or other projections of
buildings shall be at least
seven feet above the
sidewalk, and then only by permission of the
Selectmen.
Section 2. No person shall use any
sidewalk, street, or property of the Town for
display of merchandise or
other articles of personal property without
first obtaining written
permission to do so from the Selectmen.
Section 3. No person having charge of a wagon, truck or other vehicle shall allow
the same to stand up on
sidewalk or street crossing in said town, so as
to obstruct travel thereon,
without first having provided a convenient
passage for pedestrians.
Section 4. Every owner, tenant or
occupant of an estate abutting upon a hard
finished sidewalk shall keep
the sidewalk free from all dirt, rubbish,
refuse, oil, snow and ice or
other like substance.
Section 5. No person or persons shall
in any of the public ways of the town throw
stones, snowballs, sticks or
other missiles, or kick a football or play at
any game in which a ball is
used, or engage in any other game or
exercise, interferring with
free, safe and convenient use of said street or
highway by any persons
traveling or passing along the same.
Section 6. Three or more persons shall
not stand in a group or near each other
on any sidewalk or public
way or in a doorway in such a manner as to
obstruct a free passing for
foot passengers, after a request to move on,
made by any of the
constables or police officers.
Section 7. Riding of bicycles with over
16 inch wheels and coasting on any
sidewalk is prohibited.
ARTICLE
Section 1. No person except the Highway Commissioners
or the Superintendent
of Streets in the lawful
performance of their or his duties or those acting
under their or his orders,
except such other persons as are or may be
authorized under statute
shall break or dig up a public way without
obtaining a written permit
from the Highway Commissioners, which shall
state the regulations under
which the work shall be done. All persons
acting under such permit
shall erect and maintain suitable railing or
fence around that part of
the street so broken up, as long as the same
shall remain unsafe or
inconvenient for travelers, and he or they shall
keep two or more lighted
lanterns or flares fixed to such railing or fence,
or in some other way
exposed, every night from sunset to sunrise as
long as such street or way
shall remain unsafe or inconvenient for
travelers. The work done
under said permit shall be in accordance with
said regualtions and upon
the completion of said work, the surface of
said street or way shall be
restored to a condition satisfactory to the
Highway Commissioners.
Section 2. Whenever the Highway Commissioners or the
Superintendent of
Streets are about to
construct or repair any street or way, the surface of
which is hard finished, they
or he shall before beginning the work, give
reasonable notice to such
intention to the Departments of the Town, to
corporations liable to be
affected thereby and to all abutting owners
having connections by drains
or otherwise with structures in the street.
If such parties have any
work to be done in such public street or way,
they shall consult and
arrange with said Highway Commissioners or
Superintendent of Streets in
order that such work may be done before
the surface of such street
or way is again prepared for and opened to
public travel. After such
notice and opportunity has been given, such
parties shall not for the
space of two years break up or disturb the
surface of said street or
way within the area so constructed or repaired
except in case of reasonable
necessity and then only on written permission of the Highway Commissioners.
Section 3. Any person who intends to
erect, repair or take down any building on
land abutting on any way
which the Town is required to keep in repair
and desires to make use of
any portion of said way for the purpose of
placing therein building
materials or rubbish, shall give notice thereof to
the Highway Commissioners.
Thereupon the Highway Commissioners
may grant a permit to such
portion of said way to be used for such
purposes as in their
judgement, the necessity of the case demands and
the security of the public
allows; such permit in no case to be for a
period longer than ninety
days and to be on such conditions as the
Highway Commissioners may
impose including without limitation the
condition that from sunset
to sunrise of every night during the progress
of the work, the public way
shall sufficiently be lighted by lantern or
otherwise so as to be
thereby reasonably safe and convenient for
travelers. The Highway
Commissioners may before granting such
permit, require such person to furnish a bond with
satisfactory sureties
to indemnify and save
harmless the town from and against any loss,
damage, claim or suit which
may arise from such use of the street and
to insure the faithful
compliance with the conditions of said permit.
Section 4.
The
Highway Commissioners shall appoint a Street Name Committee to be
comprised of three members who shall include
one Commissioner, one Planning
Board member and one Historical
Commission member, each to serve for a term
of three years. The Street Name Committee shall be
responsible for maintaining
a list of proposed street names
which list shall include names forwarded to the
Committee by the Street Name
Study Committee. All new names for the
streets
in the Town of
Street Name Committee to the Planning
Board.
ARTICLE
X PARKING RULES
Section 1. All vehicles shall be parked on the right
hand side of road parallel with
and within twelve inches of
the curbing where sidewalks are curbed and
parallel with the lines of
the road and as far off the traveled way as can
be reasonably done, where
there is not curbing. In no case shall a
vehicle be allowed to stand
diagonally on the streets of the town.
Section 2. No person shall park a vehicle in any of the
following places and
vehicles found parked in
violation of the provisions of this section
may be moved to a place
where parking is permitted.
a) Within an intersection
b) Upon any sidewalk
c) Upon a crosswalk
d) Upon any roadway where
parking of vehicles does not leave a clear
and unobstructed lane at
least ten feet wide for passing traffic
e) Upon any street or highway
within ten feet of a fire hydrant
f) Upon or in front or within
10 feet of any alley, private road or
driveway
g) Upon any street or highway
within twenty feet of an intersecting way
Section 3. On the following streets or highways or
parts thereof, parking is strictly
prohibited.
a) Upon any highway or street
or way abutting school grounds or
property.
b) Upon any highway designated
by the Chief of Police and Selectmen
at any time or for any
period of time.
c) The owner of the vehicle or
person in whose name it is registered
shall not allow, permit or
suffer such vehicle to stand or park in any
street, way, highway or
parkway under the control to the Town of
removing snow or ice.
d) The Superintendent of
Streets, for the purpose of plowing snow or
removing snow or ice from
any way, may remove or cause to be
removed to some convenient
place, including in such term a public
garage, any vehicle parked
in violation of Section 3C of this article. The
cost of such removal and the
storage charges shall not exceed the
rates then prevailing for
removal and storage of such vehicle.
e) That no person, firm or
corporation shall plow or deposit upon any
town highway or road or
public way in the Town of
accumulation of snow or ice
that poses a hazard or restraint to the flow
of traffic. Any person
violating this By-Law shall be given a warning for
the first offense and shall
be fined $25.00 for any subsequent offense.
Section 4. Mass. Gen. Laws c. 40, S21: “Clause 24” for
prohibiting or regulating
the
leaving of vehicles unattended within parking spaces designated as
reserved
for vehicles owned and operated by disabled veterans or
handicapped
persons and within certain other areas. The penalty for
such
violation shall be One-Hundred Dollars ($100.00) for the first
offense
and Three Hundred Dollars ($300.00) for each subsequent
offense
according to M.G.L. c 40, sec. 21 and shall amend the
amount
presently set for such violations listed in the Town of
Traffic
Rules and Regulations under Article IV, Section 4-1, Letter N.
Clause
14. “For prohibiting or regulating the leaving of vehicles unat-
tended
within the limits of private ways furnishing means of access for
the
Fire apparatus to any building. The penalty for such violation shall be
Fifty
dollars ($50.00) and shall amend the amount presently set for
such violations listed in the Town of
Regulations under
Article IV, Section 4-1, letter D”.
ARTICLE XI LICENSES
AND PERMITS
Section
1. No
license in any form shall be granted by the Selectmen or Licensing
Board for the sale of alcoholic beverages at
any location within the
Town within five hundred (500) feet of any
church or school premises.
Section
2. No
license in any form shall be granted by the Selectmen or Licensing
Board for the sale or consumption of
alcoholic beverages, on town
owned land or within town buildings.
Section
3. No
license or permits shall be granted to carnivals within the limits of
the Town of
matter which is the subject of such license
or permit, is to be carried out or
exercised on or about real estate owned by
any party who appears on said
list furnished by the Town Treasurer then the
licensing authority may deny,
revoke or suspend any license or permit or
refuse to transfer the same.
Section
4. No
license or permit shall be issued for any coin operated machines
which are games of chance.
a) Coin operated machines which
are games of chance shall mean
slot machines, pinball
machines or any other device which offers
free plays or money paid out
to winners.
b) The licensing authorities
may grant a license for automatic
amusement devices which are
used for games of skill or amusement
only. The licensing
authority shall not issue more than ten (10) auto-
matic amusement device
licenses to any one establishment nor to any
one location in town.
Automatic amusement device in this section shall
mean: Coin operated pool
tables, shuffle alley machines, coin operated
kiddie rides, video games or
any other device which does not offer free
plays or money paid out to
winners. The annual fee for each automatic
device or for any renewal
thereof, shall be twenty dollars ($20.00). The
fee for any change of
premises shall be two dollars ($2.00). Any
violation of any of the
provisions of this section shall for each and every
offense forfeit and pay
penalty of not more than twenty dollars ($20.00)
to the use of the town.
*Added
11/1/99
M.G.L.
c. 40, S57 “Local Licenses and Permits: denial, revocation or suspension for
failure
to
pay municipal taxes or charges.”
Section 1. Definitions
Licensing Authority – each department, board, commission
or division
that issues licenses or permits including renewals and
transfers.
Party – any person, corporation or business enterprise
that has
neglected
or refused to pay any local taxes, fees, assessments,
betterment or other municipal charges for not less than twelve
months.
Section 2. Delinquent List
1.Any and all municipal
officials responsible for records of all municipal
taxes, assessments,
betterment and other municipal charges shall
furnish annually to the Town
Treasurer a listing of any persons,
corporations, or business
enterprises (hereinafter referred to as “Party”)
that have neglected or
refused to pay any local taxes, fees,
assessments, betterment or
other municipal charges for a twelve (12)
month period.
2.The Town Treasurer shall
compile a master list containing the name
and address of any party,
that has neglected or refused to pay any local
taxes, fees, assessments,
betterment or other municipal charges for not
less than a twelve month
period and that has not filed in good faith a
pending application for an abatement
of such tax or a pending petition
before the Appellate Tax
Board. The master list shall also contain both
the amount owed and a
description of the local taxes, fees,
assessments, betterment or
other municipal charges which the party has
failed or refused to pay.
3.
The Town Treasurer shall annually furnish to each Licensing
Authority of the Town of
of the master list, the
Licensing Authority may, in accordance with the
terms of this ordinance,
deny, revoke or suspend any license or permit,
including renewals and
transfers of the same, of any party whose name
appears on the master list.
Section 3. Notice and Hearing
1.The Licensing Authority
shall not deny, revoke or suspend any
License or permit, unless it
first gives written notice to the party and the
Town Treasurer and unless
the Licensing Authority holds a hearing
concerning the denial,
revocation or suspension. The hearing shall be
held no sooner than fourteen
(14) days from the date of the notice.
2.
The notice shall be mailed to the party and shall contain the
time,
place and date of the
hearing. The notice shall also inform the party of
the purpose of the hearing
and shall list any and all taxes, fees,
assessments, betterment or
other municipal charges applicable to the
party which are contained on
the master list.
3.If the board determines that
(a) any taxes, fees, assessments,
betterment or other
municipal charges contained on the master list have
not been paid; and (b) that
the party has not filed in good faith an
application for an abatement
of the amount owed, or (c) that the party
does not have a pending
petition before the Appellate Tax Board, the
Licensing Authority may
deny, revoke or suspend any license or permit
or refuse to transfer the
same.
4.At the hearing, the
Licensing Authority shall give the party an
opportunity to enter a
payment agreement, as provided in Section 4
below.
5.The master list provided by
the Town Treasurer shall be prima facie
evidence to support a
denial, revocation or suspension of a license or
permit to any party whose
name appears on the master list.
6.The Town Treasurer, or his
designee, shall have the right to intervene
in any hearing conducted
concerning the denial, revocation and
suspension of any license of
permit.
7.Any findings made by the
Licensing Authority with respect to the
denial, revocation or
suspension shall be made only for the purpose of
such proceeding and shall
not be relevant to or introduced in any other
proceeding at law, except
for an appeal from such permit or license
denial, revocation or
suspension.
Section 4. Payment Agreement
1.The licensing Authority
shall give the party an opportunity to enter
into a payment agreement
under such terms and conditions as are
satisfactory to the
Licensing Authority and the Town Treasurer.
No payment
agreement shall accept less
than a ten percent (10%) up-front payment of taxes or fees or both.
2.Upon entering into a payment
agreement the Licensing Authority
shall issue a certificate
indicating any agreed upon limitations to the
license or permit. The
validity of any such license or permit shall be
conditioned upon
satisfactory compliance with the agreement.
3.Failure to comply with the
payment agreement shall be grounds for
suspension or revocation of
the party’s license or permit, provided that
the holder be given notice
and a hearing by the licensing authority.
Notwithstanding Section 3
(4), in no event shall any hearing concerning
a failure to comply with a
payment agreement entitle the party to an
additional opportunity to
enter into a new payment agreement.
Section 5. Effect of Denial or
Suspension
Any license or permit
denied, suspended or revoked pursuant to this
Article shall not be renewed
until the License Authority receives a
certificate issued by the
Town Treasurer indicating that all local taxes,
fees, assessments,
betterment or other municipal charges payable to the
Town of
Certificate.
Section 6. Waiver
of Denial, Suspension or Revocation
The Licensing Authority may
waive any denial, suspension or revocation
of a permit or license if it
finds that there is no direct or indirect business
interest by the party or
members of the party’s immediate family, as
defined in Section One of
Chapter 268A, in the business or activity
conducted in or on said
property.
Section 7.
Regulations
The Board of Selectmen shall
have the authority to adopt any rules and
regulation it deems
necessary to implement this Article, including a
listing of those licenses
and permits not subject in this by-Law.
A.Sec. 4a & 4b 1974; Rev. Sec. 4b 1979, 1982, 1993; Amended 6/27/95
ARTICLE XII MISCELLANEOUS PROVISIONS
Section 1. No person shall meddle with any hydrant,
gate, gate box, or water pipe
placed or located within the
limit of any public way in this town without
the permission from the
Superintendent of the Water Department or any
member of the Board of Water
Commissioners.
Section
2. “No
person shall operate any motorized vehicle or bicycle on the
Grounds
of the Sanitary Landfill in the Town of
ARTICLE
XIII PENALTIES
Section 1. Whoever shall offend against or fail to
comply with any of the provisions
of these By-Laws except
persons covered in Article 6 shall for each and
every offense, forfeit and
pay a penalty of not more than Twenty Dollars
($20.00) to the use of the
Town.
Section 2. Whoever shall offend against or fail to
comply with any of the
provisions of Article 6 of
these By-Laws shall be immediately relieved of
his duties and replaced in
the manner prescribed.
Section 3. No person, except persons covered in Article
6, shall be prosecuted for
any offense against any of
the provisions of these By-Laws, unless com-
plaint for same shall be
instituted and commenced within thirty (30) days
from the time of committing
such offense.
Section 4. It shall be the duty of the Selectmen,
Police Officers, and Constables
Of
Section 5. The preceding sections notwithstanding any
person violating the
provisions of any section of
these by-laws which is subject to a specific
penalty may be penalized by
a non-criminal disposition as provided in
M.G.L. c 40s. 21D and c.
90G. and is subject to Dudley Town By-Laws
regulating unpermitted
smoking. The non-criminal method of disposition
may also be used for
violations of any rules or regulations of any
town officer, board or
department which is subject to a specific penalty.
Without intending to limit
the foregoing, the following by-laws, rules and
regulations are to be
included within the scope of this section, the specific
penalties listed shall apply
and in addition to police officers, who in all
cases shall be enforcing
officers, the Town personnel listed shall also be
enforcing officers.
a. Illegal dumping and/or
disposal of trash, refuse and debris in violation
of Article XXXV.
Penalty: $300.00
Enforcing Officer: Board of
Health Agent
b. Violations of Board of
Health Smoking Regulations: Penalty: Any
person having control of a
public place of work place $200.00. Any
person who smokes in
violation: $50.00.
c. Prohibition against
illegal sewer hookup or of failure to report
in violation of Article
XVIII, Section 3: Penalty $300.00 per day.
Enforcing Officers:
Superintendent of Sewers.
Nothing herein shall limit
or restrict any persons authority to seek
criminal prosecution of any
violation listed herein. Each day on which
any violation exists shall
be deemed to be a separate offense.
d.
Violations of the State Building Code, and any local or state Rules or
Regulations, statutes or By-Laws the purpose of which is to regulate the
building of structures or development of land in the Town shall be enforced by
the Building Inspector, and violations shall be enforceable by rescinding
permits, issuing cease and desist orders and levying fines per day that such
violation remains uncorrected. Such
fines shall be enforced through non-criminal complaint procedures.
ARTICLE
XIV
Part 1. An
act providing that members of the Police Department of the Town of
exempt from the Civil Service Law and Rules and further
providing for the appointment of
said members.
Be it enacted by the Senate and House of Representative in General
Court
assembled and by the
authority of the same, as follows:
Section
1.
Notwithstanding any contrary provision of law, appointments to the
police department of the Town of
service law and rules.
Section 2. Appointments to the police department of
said town shall be subject to
rules and regulations established by a committee of five
members
consisting of the town counsel and four persons appointed
by the town
moderator, two of who shall be members of the board of
selectmen and
two of who shall be members of the finance committee of
said town.
Section 3. The provisions of section one of this act
shall not impair the civil ser-
vice status of any member of the police department of the
Town of
who holds such status on the effective date of this act.
Section 4. This act shall take effect upon its
passage. (s/August 5, 1975; app.
August 13, 1975. #H6462 –
Part 2. An
Act clarifying the Civil Service Status of certain members of the police
department of the Town of
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. Section 3 of Chapter 511 of
the acts of 1975 is hereby amended by
inserting
after the word “act”, in line 4, the words: and any member of
said
police department who on the effective date of this act is serving
his
probationary period as required by chapter thirty-one of the General
Laws
shall, upon the satisfactory completion of such probationary period,
be
deemed to have been permanetly appointed as a member of the
Police
Department of said town under the civil service law.
Section 2. This act shall take effect as of August
thirteenth, nineteen hundred and
seventy-five.
Part 3. It is Ordered, Adjudged and
Decreed;
1)
The Town of
511,
section 2 of the 1975 Acts and Resolves of the Legislature may
make
reasonable rules and regulations governing initial or original
appointments
to the Police Department. Establishing a
“Police
Evaluating
Committee” to make recommendations regarding initial or
original
appointments to the Town of
of
the authority granted by the legislature of the Town of
Rules
Committee.
2)
The Town of
to
create an appellate body to review the promotions, demotions or
termination
decisions made by the Board pursuant to their authority
under
MGL c.41, Section 97A.
3)
The rules governing promotions, demotions, termination and other
general
personnel policies of the Police Department with the sole
exception
of appointments are those rules created by the police chief
and
approved by the Board under authority of G.L. 41, Section 97A.
4)
The Town of
and
regulations incorporating G.L. c. 31, Section 43. The Town of
does
not have the right to confer jurisdiction on an agency of the
Commonwealth.
The Town however, must attempt to comply with the
provisions
of G.L. c 31, Section 43 in so far as possible as it existed at
the
time the Town adopted the rules and regulations.
5)
The Town of
police
personnel conforming to laws of the Commonwealth.
NOTE:
Chapter 31 G.L. Section 49 adopted 3-26-44/approved 4-12-44. A. Part 1 1975; A
ARTICLE
XV INVENTORY
Section 1. All town officers and departments shall
maintain an inventory of books,
records,
tools and equipment which are not expendable. Whenever
changes
within town offices or departments are made, the responsible
member
shall check and sign for the existing inventory in that depart-
ment.
A signed copy of the inventory will be kept on file in the Town
Clerk’s
office. At least once a year, this inventory will be brought up to
date
and a signed copy shall be filed with the Town Clerk.
ARTICLE
XVI ACCEPTANCE
OF NEW STREETS
Section 1. Future streets may be accepted by the town
provided that the width is
not
less than fifty(50) feet and the street and future streets are built to
comply
with Chapter 81 requirements and providing there are no land
damages,
and the street brought up to subgrade with fill, meeting
Chapter
81 specifications, and providing there are no land damages.
Section 2. Future streets may be accepted by the Town
provided the "as-built" plans
metes
and bounds, and deeds are delivered to the Town's Planning Office by
the
last business day in January for acceptance at the Annual Spring Town Meeting.
Roads
will no longer be accepted at the Annual Fall Town Meeting.
ARTICLE
XVII SOIL OR
LOAM REMOVAL
Section
1. The
removal of soil or loam from any parcel of land in the Town of
obtained
from the Board of Selectmen, after a public hearing, for which
due
notice has been given. The exceptions
are: a) when constructing
a
building; b) where land is to be used for a public way.
The
Board of Selectmen in issuing this permit under this by-law may
impose
such conditions not specifically provided for herein, as it deems
necessary
for the adequate protection of the neighborhood and the town.
Any
such condition shall be attached to and made part of the permit.
The
Board of Selectmen on proof of violation of any condition named
therein
may revoke said permit.
No
permit issued under this by-law, shall be in force for a period of more
than
one year.
The
penalty for violation of this by-law shall be as follows: For the first
offense,
$50.00; for second offense, $100.00; and for each subsequent
offense,
$200.00.
A. 1992
ARTICLE
XVIII WATER
AND SEWER
A. WATER AND SEWER LINES
Section 1. Whenever water and/or sewer lines are laid
in accordance with a vote
of
the town, the cost of installing such water and sewer lines including
cost of pipes, materials, labor and
incidental expenses shall be paid,
one-third
by the town and two-thirds by the owners of the land
benefitting. If however, the water and/or sewer line is
necessary for the
proper
maintenance of the Water and/or Sewer Department, the cost
shall
be paid by the town with abutter tieing into the line at this or any
other
future date be assessed on the basis of a uniform rate per Equivalent
Residential
Unit (ERU) in the area served by each project, whereby the
construction
costs are divided among the total existing and potential sewer
units
to be served. A unit is equal to a
single-family residence, with non-residential
units
put on an equivalent basis. Notice of this assessment shall be filed in
the
Registry of Deeds in accordance with Chapter 332, Acts of 1955.
Section 2. No article for water or sewer line extension
shall be submitted to a
town
warrant unless the Water or Sewer Departments, as pertains to
their
respective departments, shall have contacted and notified all
abutters
of the proposed water or sewer line and the said Water or
Sewer
Department shall have obtained agreement thereto in writing from
the
owners of sixty-six and two-thirds (66 2/3) percent of the assessable
frontage,
said agreements to be certified by the Board of Assessors and
filed
with the Town Clerk. If however, the water line or sewer line is
necessary
for the health, safety or comfort of the town or for the proper
maintenance
of the Water and Sewer Department, then the article may
be
submitted without obtaining written agreement from the abutters.
Section 3. No land or property shall be connected to
the Town of
System
unless said connection has been approved by the Dudley Sewer
Commission.
Any landowner or property owner whose land or property
is
connected to the Dudley Sewer System and who is not charged for
the
use of the System, must report said connection to the Sewer
Commission
forthwith. “Connection” as used herein includes, but is
not
limited to, connections of normal household plumbing, gutters,
perimeter
drains, sump pumps, downspouts, garage drains, driveway
drains and storm drains.
Section 4. All new construction in need
of wastewater disposal must connect to the Town of
1956;
Rev. Sec. 1 1962, 1970; A. Sec. 2 1956; Rev. Sec. 2 1959, 1962, 1966; A 6/25/96
A. Section 3 5/18/98, Rev. Sec. 1, 5/21/01
B. WATER
USE RESTRICTION BY-LAW
Section 1 Authority
This
bylaw is adopted by the Town under its police powers to protect public health
and welfare and its powers under M.G.L. C.40, sec. 21 et seq. and implements
the Town’s authority under M.G.L. C. 40, sec.41A, conditioned upon a
declaration of water supply emergency issued by the Department of Environmental
Protection.
Section 2 Purpose
The
purpose of this bylaw is to protect, preserve and maintain the public health,
safety and welfare whenever there is in force a State of
Section 3 Definitions
Person shall mean any individual, corporation, trust, partnership or association, or other entity.
State of Water Supply Emergency
shall mean a State of
State of Water Supply
Conservation shall mean a State of
Water Users or Water Consumers shall mean all public and private users of the Town’s public water system, irrespective of any person’s responsibility for billing purposes for water used at any particular facility.
Section 4 Declaration of a State of
The
Town, through its Board of Water Commissioners, may declare a State of
Section 5 Restricted Water Uses
A declaration of a State of the Water Supply Conservation shall include one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under section 6.
a) Odd/Even Day Outdoor Watering Outdoor watering by water user as with odd numbered addresses is restricted to odd numbered days. Outdoor watering by water users with even numbered addresses is restricted to even numbered days.
b) Outdoor Watering Ban Outdoor watering is prohibited
c) Outdoor /Watering Hours Outdoor watering is permitted only during daily periods of low demand, to be specified in the declaration of a State of Water Supply Conservation and public notice thereof.
d) Filling Swimming Pools Filling of Swimming pools is prohibited
e) Automatic Sprinkler Use The use of automatic sprinkler systems is prohibited
Section 6 Public Notification of a State of a
Water Supply Conservation: Notification of DEP
Notification of any provision,
restriction, requirement or condition imposed by the Town as part of a State of
Section 7 Termination of a State of
A State
of
Section 8 State of
Upon
notification to the public that a declaration of a State of
Section 9 Penalties
Any person violating this bylaw shall be liable to the town in the amount of $50.00 for the first violation and $100.00 for subsequent violation which shall inure to the town. Fines shall be recovered by indictment, or on complaint before the district Court, or by non-criminal disposition in accordance with section 21D of chapter 40 of the general laws. Each day of the violation shall constitute a separate offense.
Section 10 Severability
The
invalidity of any portion or provision of this bylaw shall not invalidate any
other portion or provision thereof.
ARTICLE XIX AMENDMENTS/ALTERATIONS OF BY-LAWS EXCLUDING ZONING
No
alteration or amendment can be made to these by-laws unless by an article
inserted
in the warrant for the annual town meeting, when it shall require a majority
vote
of the voters present and voting. This
article shall pertain to all Town
by-laws
with
the exception of zoning by-laws.
A. 1966
ARTICLE
XX HISTORICAL
COMMISSION – UNDER THE PROVISIONS OF M.G.L.
CHAPTER 40, SECTION 8D
There
shall be established under the provisions of the General Laws, Chapter 40,
Section
8D, a Historical Commission of the Town of
with
the rights and duties provided by law to be composed of seven (7) members,
appointed
by the Board of Selectmen for terms of three (3) years except that the
initial
appointment shall be two members who shall serve one (1) year, two
members
who shall serve for two (2) years and three members who shall serve for
three
(3) years.
ARTICLE
XXI STORAGE
OF UNREGISTERED MOTOR VEHICLES
Section 1. No more than one unregistered motor
vehicle, assembled or
disassembled
shall be kept, stored or allowed to remain on a lot in the
Town
except by a duly licensed under M.G.L. Chapter 140, Section 59
and
except as provided in Section 3 of this article.
Section 2. For the purpose of this
article, the word “lot” shall mean a parcel of
land
held in identical ownership throughout including all contiguous land
held
in the same ownership.
Section 3. The Selectmen may issue a permit to keep,
store or allow more than
one
such vehicle on a lot after holding a public hearing thereon, first
causing
at least seven days notice of the time, place and subject matters
of
such hearing to be given at the expense of the applicant by 1)public-
ation
in a newspaper of general circulation in the town and 2) assessors
most
recent valuation list as the owners of the property abutting said lot.
The
Selectmen shall not issue such a permit unless it finds that the
presence
of more than one vehicle of such lot 1) will not nullify or
substantially
derogate from the intent or purpose of this article,
2)
will not constitute a nuisance and, 3) will not adversely affect the
neighborhood
in which such lot is situated.
Section 4. Each permit issued by the Selectmen under
this article shall 1) specify
the
maximum number of such vehicles that may be kept, stored or allow-
ed
to remain on such lot, 2) be limited to a reasonable period of time and
3)
be a personal privilege of the applicant and not a grant attached
to
and running with the land comprising the lot.
Section 5.The provision of this article shall not apply to vehicles which are 1)
stored
within an enclosed building or 2) designed and used for farming
or
other agricultural purposes.
ARTICLE
XXII INTOXICATING
BEVERAGES ON TOWN OWNED PROPERTY
No
person shall consume intoxicating beverages on Town owned property or in
Town
owned buildings or have in his possession in such places an open bottle,
can
or container containing any such beverage unless a special permit is secured
from
the Board of Selectmen. Anyone violating this by-law shall be subject to a
fine
of twenty-five ($25.00) dollars and may be subject to arrest without a warrant
by
a police officer.
A. 1976
ARTICLE
XXIII SWIMMING
POOLS AND HOT TUBS
Section 1. Every “above ground swimming pool or hot
tub” if allowed to remain in
place
year round shall be equipped with a ladder which shall either be
removed
or raised to an upright position at all times when the pool is not
in
use.
Section 2. Every “outdoor in-ground swimming pool or
hot tub” shall be completely
surrounded at all times by a suitable fence or wall not
less than four
feet in height (nominal). A building may be used as part
of such
enclosure. All gates or door opening through such
enclosure shall be
equipped with a self-closing and self-latching device
located not less
than three and one half feet above the ground or wall for
keeping the
gate or door securely closed at all times when not in
actual use. The
door of any dwelling which forms a part of this enclosure
need not be so
equipped. Each
such gate or door shall be kept locked at all times
when the swimming pool is not in use.
Section 3. Penalty; Any person violating any provisions
of this by-law may be
fined not more than One Hundred ($100.00) Dollars for
each offense.
Each day that such violation
continues shall constitute a separate
offense.
Section 4. All existing above ground or in-ground pools
or hot tubs will comply
with
this section by July 1, 1985.
Section 5. The owner of property have a fence or other
protective in existence at
the
time this article is accepted by the town, may seek a special permit
from
the Planning Board to exempt him from strict compliance with this
article.
Such permit must be applied for prior to June 30, 1985.
Section 6. Any owner of property may seek a special
permit from the Planning
Board
for any safety device other than a fence as called for in this
article
prior to obtaining a building permit and prior to installation of the
above
ground swimming pool or hot tub and every outdoor in-ground
swimming
pool or hot tub.
ARTICLE
XXIV ARTICLES
FOR TOWN MEETING
Articles
appearing on the warrant of the Town Meeting, that voters have rejected
or
passed over, may not be resubmitted prior to the next Annual Town Meeting
unless
the Selectmen have declared the article of an “emergency nature” or unless
by
petition of voters in accordance with M.G.L. Chapter 39, Subsection 10 as
amended,
or unless passed over for additional information.
A. 1982
ARTICLE
XXV RULES
AND REGULATIONS USE OF LAKES AND PONDS WITHIN THE
TOWN
WITH PENALTY TO APPLY UNDER ARTICLE XIII OF THE TOWN BY-LAWS
PENDING
ANY VIOLATION.
Section 1. Waterskiing is to be done in a
counter-clockwise motion.
Section 2. Age limits:
a. No one under 10 years of age
may operate a powerboat.
b. Ages 10-14 years may operate
a powerboat with an accompanying
adult.
c. Ages 14-16 years may operate
a powerboat with a coast guard
certificate
or an accompanying adult.
d. Ages 16 and up may operate a
powerboat with no other requirement.
Section 3. Speed limits:
a. When operating a powerboat
within 50 feet of shore minimum throttle
setting
(idle speed) is to be used.
b. When operating a powerboat
from 50 feet (to shore) to 100 feet (to shore)
speed
shall be limited to 15 miles per hour.
c. When operating powerboat in
excess of 100 feet (to shore) speed shall
be
limited to 40 miles per hour.
Section 4. Winter use of waterways:
a. Recreational and all-terrain
vehicles shall be operated by no one under
10
years of age and those persons between 10 and 16 years of age will
operate
with supervision of an adult.
b. Ice fishing holes shall be
limited in diameter to eight (8) inches.
NOTE:
ATTY. GEN. APPROVAL GIVEN SUBSEQUENT TO THE APPROVAL THEREOF
BY
THE DIRECTOR OF LAW ENFORCEMENT PURSUANT TO MGL. CHAPTER 131,
SECTION
45. (LTR 9/13/89) DIVISION OF LAW ENFORCEMENT FAILED TO RESPOND
IN
180 DAYS, HENCE BY LAW 25 APPROVED (LTR 5/3/89)
A. 1986
ARTICLE
XXVI CEMETERY
BY-LAWS
Section 1. Reconveyance: Any reconveyance of the lot
one deeded by the Town
shall require the Cemetery
Commissioners and the Town Clerk to be
notified of such
transfer and a fee will be charged in accordance with
Chapter 262, Section 34,
clause 78 and the records shall be open to the
public at all
reasonable times.
Section 2. Any lots which are purchased containing one
or more burial plots shall
be
held indivisibly and upon the decease of the proprietor of such lot,
the
title of such lot shall vest in accordance with the provisions of M.G.L.
Chapter
114, Subsection 29.
Section 3. All monumentation of grave
sites must be approved by the Cemetery
Commissioners
or their designee prior to installation.
Section 4. The internment of more than one body per
burial plot shall only be
allowed
with the approval of the Cemetery Commissioners.
Section 5. Retransfer:
If the owner of a lot containing one or more than one
unused
burial plot with bodies interred in the lot wishes to transfer or
convey
the remaining unused burial plots, they shall make application
to
the Cemetery Commissioners who will confirm the unused burial plots
and
issue a new deed for the remaining burial plots. The fee for such
re-deeding
shall be set by a vote of the Cemetery Commissioners
annually.
The re-deeded lot shall be registered with the Town Clerk’s
office
in accordance with plans locating the unsused burial plot or plots.
Section 6. a)The Cemetery Commission shall have the
power and authority upon
written
request from a lot owner, to empower and permit if they deem fit,
the
subdivision of an existing cemetery lot. Upon approval of the
subdivision
the Cemetery Commission will issue new deeds for the
newly
created lots to the respective lot owners.
The Commission will set a
fee to offset the administrative costs of the
Subdivision
process.
b)Perpetual care charges
will be the responsibility of the new lot owner
at
the current rate.
c)The sale price of a lot
must be paid in full prior to the approval of
any
subdivision. The owner must provide proof of payment to the
Commission
prior to the issuance of new deeds.
d)The lot owner shall
idemnify and hold harmless the Cemetery
Commission
and the Town of
may
arise as a result of the subdivision of any lot and subsequent sale
to
a new owner. This is to include but not be limited to the sales price,
method
of payment, method of collection, court costs and attorney’s
fees.
ARTICLE XXVII DOG CONTROL BY-LAW
As used in this by-law,
unless the context otherwise indicates.
A."ANIMALS" - All dogs
of any species, both male and female.
B. "OWNER"
OR "KEEPER" - Any person or persons, firm, association or
corporation owning, keeping, or who has in his possession, for eleven (11)
consecutive days in any calendar year, a dog, licensed or unlicensed; and
cannot show to the satisfaction of the dog officer that such animal was sold,
had died, was given away or otherwise disposed of. Further, if the owner or keeper of a dog were
a minor, the parent or guardian of such minor shall be held liable for any
violation of this by-law.
C.
"RUN-AT-LARGE" - Free of restraint and permitted to wander on
private or public ways at will.
D. "COMMERCIAL
KENNEL" - A kennel maintained as a business for or to include the boarding,
grooming, training, adoption or sale of dogs.
E. "RESIDENTIAL
KENNEL" - More than three (3) dogs over the age of six (6) months of age in a
single private residence.
F. "LICENSE
PERIOD" - The time between January 1 and December 31, both dates inclusive.
G. "DOG
OFFICER" - Any officer appointed by the Board of Selectmen to enforce the laws
relating to dogs.
Section 2. DOGS REQUIRED TO BE LEASHED
A. No owner or keeper of a dog shall permit such dog,
whether licensed or unlicensed, to run-at-large within the Town of
B. No person shall
permit a dog owned or kept by him to run freely within the confines of the
property of the owner or keeper unless the owner or keeper or other person of
adequate age and discretion accompanies the dog and who has "full
control" of the animal. If
unaccompanied, the dog must be leashed so as to restrain the dog in such manner
that the dog is securely confined to the premises of the owner or keeper by
fencing or appropriate barriers.
C. For the purpose of this section, "full control" means that the dog will respond to the command, order or signal of the owner or other person responsible for the dog and shall at all times, by his command, order or signal prevent his dog from bothering, worrying, annoying, chasing or barking at any person, domestic animal or livestock.
D. This section was
disapproved by the Attorney General and deleted in its entirety.
E. This section shall not apply to property
owned and/or controlled by the
F. A dog may for the purpose of events such as working, hunting, field trails or training purposes be exempt from the restraining order during such period of time as the dog is actually engaged in the event or sport, provided the dog is under the direct supervision of a person to properly control its action.
Section 3. LICENSE REQUIREMENTS, FEES, EXCEPTIONS
A. Any owner or keeper
of a dog six (6) months of age or older in the Town of Dudley shall cause that
dog to be licensed as required by Massachusetts General Laws Chapter 140 during
the month of January of each year, or within 30 days after a dog becomes six
months old. The license will be obtained
from the Town Clerk. Each license shall
be numbered and contain the color, breed, gender and special markings of the
dog; the name, residential address and phone number of the owner; the
expiration date of the rabies vaccination; and other information as the Town
Clerk deems appropriate. Each license shall
be issued upon the condition that the owner or keeper shall comply with the
provisions of this by-law, rule or regulation relating to the ownership and
control of dogs.
B. The Town Clerk shall not issue any license
including residential and commercial kennels unless the owner or keeper provides
either a veterinarian's certification that such dog has been vaccinated against
rabies by a licensed veterinarian, therein, provided, or a notarized letter
from a veterinarian that a certification was issued.
C. Any owner or keeper of more than three (3)
dogs must acquire a residential kennel.
D. Commercial Kennels must be fully licensed
pursuant to the provisions of M.G.L. Chapter 140 and subject to
E. Each residential kennel and commercial kennel
shall be available to inspection by the Dog Officer, a Natural Resource
Officer, Fish and Game Warden, Police Officer or the Board of Health.
F. All dogs (6) six months of age or older must be currently vaccinated against rabies as per M.G.L. Chapter 140, Section 145b.
G. The annual fee for every animal license, residential kennel and commercial kennel license and all fines relevant to dog control shall be as follows:
The fee for all dogs (male, neutered, female, spayed) shall be Twelve ($12.00) Dollars per dog.
Residential Kennel License (in excess of 10 dogs) Fifty ($50.00), (5 to 10 dogs) Forty ($40.00) Dollars, (not more than 4 dogs) ($30.00). Commercial Kennel License (in excess of 10 dogs) Sixty ($60.00) Dollars, (5 to 10 dogs) Fifty ($50.00) Dollars: (1 to 4 dogs) Forty ($40.00) Dollars. No fee shall be charged for a license for a dog trained as a guide dog, signal dog, or trained to provide assistance to an individual with a disability provided that the owner shows written evidence that the animal is a service dog.
H. The registering, numbering, describing and licensing of dogs shall be performed in the office of the Town Clerk on a form prescribed and supplied by the Town, and shall be subject to the condition expressed therein that the dog so licensed shall be controlled and restrained from killing, chasing or harassing livestock or fowls.
I. No license fee shall be refunded in whole or in part for any reason.
J. Should any owner or keeper of an animal fail
to license that animal as required under M.G.L. Chapter 140 before April, 1,
the owner or keeper shall pay a late fee of Ten ($10.00) Dollars before
obtaining said license, except a dog brought into the Town as provided by
M.G.L. Chapter 140, Section 138. This
late fee shall be applicable from the 61st day after the arrival of such
dog. Any person maintaining a commercial
kennel in the Town of
K. The owner or keeper of a licensed animal shall cause it to wear around its neck or body a collar or harness to which shall be securely attached a tag issued by the Town Clerk at the time of licensing. A fee of $1.00 (One) Dollar shall be charged to replace a lost tag.
L. In addition to all other sums due and owing
for any license fee hereunder, a person who applies for license hereunder shall
be obligated to pay all prior amount of license fees and late fines determined
to be due and owing by the Town Clerk pursuant to this By-law, for past periods
in which said person was obligated to obtain license. It shall be a violation of the By-law to fail
to pay any said sum due hereunder; this remedy shall be cumulative.
All dogs and cats owned by a resident of the Town of
Those dog owners found in violation of the rabies requirement of Massachusetts General Laws Chapter 140, Section 145B, shall, at the owner's expense, have their dogs properly vaccinated by a licensed veterinarian within ten (10) days of said violation and will receive a fine of twenty-five dollars ($25.00).
Any dog without current proof of rabies vaccination that is impounded by the Animal Control/Dog Officer will be vaccinated at the owner's expense prior to release by the Animal Control/Dog Officer.
Any animal that is quarantined and requires vaccination shall be vaccinated at the owner's expense. Notification of such vaccination shall be sent to the Animal Inspector within ten (10) days of said vaccination.
Any dog or cat that is not currently vaccinated that bites or scratches any person shall be confined in an approved, adequate boarding facility for a period of not less than ten (10) days, at the owner's expense.
Any dog or cat that is currently vaccinated that bites or scratches any person shall be confined at the home of the owner for a period of not less than ten (10) days.
Any veterinarian bills incurred for vaccinating or preparing any animal for rabies testing shall be at the owner's expense.
Any owner or keeper moving an animal subject to quarantine
shall notify the Board of Health in writing prior to moving the animals. The Town of
Any owner or keeper of any animal in the Town of Dudley who has received written notice of quarantine and does not comply with said quarantine order, or if the quarantined animal is found outside the approved enclosure of its owner or keeper and not under his/her immediate care, shall be subject to an immediate order to destroy or order to be housed at an approved boarding facility at the owner's expense.
It shall be the duty of the Animal Inspector to investigate and enforce the provisions of this by-law, and to give written notice to the Board of Health, Animal Control/Dog Officer and the animal owner in regards to all quarantines.
A. Any owner or keeper
of a dog may be ordered to muzzle said dog by a duly appointed Dog
Officer/Animal Inspector and, in his/her absence, by a police officer for
either of the following reasons:
(1) for having bitten,
injured or physically molested any person; or
(2) for having
physically injured any dog or other animal.
B. This order shall
remain in effect until removed by the officer after having been satisfied that
the dog is unlikely to repeat its offense.
Such decisions by the officer to remove the said order shall not be
unreasonably withheld. A dog muzzled
under the provisions of this section shall be monitored by the Dog Officer or
Police Officer so long as the muzzle is in place. The Dog Officer or Police Officer may
delegate the monitoring to a party subject to written guidelines
provided by the Dog Officer. In no event
shall the order exceed a period of 5 (five) hours except for extraordinary
circumstances.
A. The Dog
Officer/Animal Inspector or in his/her absence, police officers may cause an
animal to be impounded for any of the following causes:
(1) if found without a
license when a license is required; or
(2) if found
unrestrained as set forth in Section 2 of this By-law; or
(3) for violation of a
muzzling order as provided for in Section 5 of this By-law; or as provided
under M.G.L. Chapter 140, Section 167, as amended; or
(4) for having bitten,
injured or physically molested any person; or
(5) for having
physically injured any dog or other animal; or
(6) to restore peace
when the owner or keeper of an animal is otherwise unavailable, unwilling, or
physically unable to restrain his/her animal from causing a nuisance by
continuous barking or howling; or
(7) to ensure the safety
and well-being of the particular animal; or
(8) for any violation of
this by-law.
B. No later than (2) days
after the impounding of any animal, the owner or keeper shall be notified, or
if the owner or keeper of the animal is unknown, or, after reasonable efforts,
is not contacted, written notice shall then be posted for ten (10) consecutive
days in the location for posting notices in the Town Hall, which notice shall describe the animal and the place and time of taking. Animals impounded and unclaimed by the owner
or keeper after such ten day period shall be disposed of in accordance with the
provisions of M.G.L. Chapter 140, Section 151A.
Prior to the end of said ten day period, the owner or keeper may obtain
the release of such dog or other animal upon payment of all pound fees, fines,
and notification costs, if any; and in the case of a violation of A (1) of this
Section, upon obtaining a license as required by law.
C. No animal shall be
turned over or sold in any manner inconsistent with M.G.L. Chapter 140, S.151
or disposed of inconsistent with the provisions of S. 151A.
D. In the case of a dog bite to a human, if a
current rabies inoculation cannot be confirmed, the owner/keeper shall
voluntarily subject the animal to euthanasia and rabies testing or subject the
animal to mandatory, strict isolation and examination as prescribed by the
Massachusetts Department of Public Health.
All expenses incurred, including but not limited to transportation, to
be the responsibility of the owner/keeper of said animal.
Any person or persons found guilty of a violation of any provisions of Sections 77, 80A, 94 or 95 or M.G.L. Chapter 272 will forfeit the right to own or keep any animal within the Town of Dudley and must immediately, upon conviction, surrender all animals in his/her possession to the Dog Officer.
If written complaint is made to the Board of Selectmen or Chief of Police regarding a vicious or dangerous dog or excessive barking/howling or in any other manner disturbs the peace and quiet of any neighborhood or endangers the safety of any person or animal, such complaint shall be acted upon in conformance with M.G.L. 140, S. 157 and S. 158.
The provisions of M.G.L.
Chapter 140, S. 153 are incorporated herein.
A. The Owner or Keeper of a dog which has done damage to livestock or fowl shall be liable for such damage, and the Selectmen may order the owner or keeper to pay such damages after an investigation as set forth in M.G.L. Chapter 140.
B. In the event that the owner or keeper of such dog known to have done damage to livestock or fowl refuses to pay upon the order of the Selectmen, the Selectmen shall enter or cause to be entered a complaint in the District Court for the enforcement of the order.
C. In addition, the
Board of Selectmen or their agent thereto authorized in writing, may, after
written notice to the owner or keeper, enter upon the premises of the owner or
keeper of any dog known to them to have killed livestock or fowls, and then and
there kill such dog, unless such owner or keeper whose premises are thus
entered for the said purpose shall give a bond in the sum of two hundred
dollars ($200.00), with sufficient sureties approved by the Board of Selectmen,
conditioned that the dog is continually restrained. If the owner or keeper of the dog declares
his intention to give such a bond, said Selectmen or their agents shall allow
him seven (7) days, exclusive of Sundays and holidays, in which to procure
and prepare the same and to present it to them, or to file it with the Town
Clerk.
D. If a dog which has
previously been ordered restrained by the Selectmen, or upon review by the
District Court, wounds any person or shall maim or kill any livestock or fowls,
the owner or keeper of such dog will be liable to the person injured thereby in
triple the amount of damages sustained by him.
E. The owner or keeper
of any animal injured or killed by a motor vehicle shall be responsible for the
cost of all response, emergency care, treatment and/or disposal of said animal.
A. The Dog Officer(s) duly appointed or, in their absence,
police officers shall enforce the provisions of this Dog Control By-law, and
shall attend to all complaints or other matters pertaining to animals in the
Town of
B. Notwithstanding any
provisions of the General Laws to the contrary, any person(s) who:
(1) refuses to answer or answers falsely
questions of a Dog Officer or a police officer pertaining to his/her ownership
of an animal; or
(2) is found guilty of cruelty to animals which
shall include but not be limited to confining an animal in a motor vehicle in
such a manner that places it in a life or health threatening situation by
exposure to a prolonged period of extreme heat or cold, without proper
ventilation or other protection from such heat or cold. In order to protect the health and safety of
an animal, the dog officer or law enforcement officer who has probable cause to
believe that this section is being violated shall have authority to enter such
motor vehicle by any reasonable means under the circumstances after making a
reasonable effort to locate the owner or person; or
(3) refuses to turn over
any animal to the Dog Officer upon demand as authorized by sections 6 and 7 of
this By-law; or
(4) violates a Selectman's order shall be punished by a fine not less than one hundred dollars ($100.00), nor more than three hundred dollars ($300.00).
C. Any owner or keeper
who:
(1) violates the provisions
of this By-law; or
(2) is the owner/keeper
of any animal who shall be found by a Dog Officer to have defecated on private
property other than that of its owner/keeper, or on public property without
proper disposal and removal; or
(3) is the owner/keeper of any animal who intentionally allows any such animal to cause a nuisance by barking, howling or otherwise disturb another person's right to peace; or
(4) is the owner/keeper of an animal found to have bitten or injured any person, dog or other animal may be penalized by non-criminal disposition as provided in M.G.L. Chapter 40, section 21D, and shall be punished by the imposition of fines as follows:
a) A fine of $25.00 for the first
offense.
b) A fine of $50.00 for the second
offense.
c) A fine of $100.00 for the third
offense and each subsequent offense.
Fines not to exceed Five Hundred ($500.00) Dollars.
D. HEAT SEASON: The
owner of any unspayed female or unneutered male unleashed dog found by the
Animal Control/Dog Officer roaming at large in heat season off the premises of
the owner or keeper shall be subject to a fine of $50.00.
E. Where applicable, each day shall constitute a separate offense.
A. Redemption of Impounded Dogs: The owner or keeper of any dog impounded under the provisions of the by-law may redeem such dog provided he first reimburse the Dog Officer for his expenses at the rate of not more than Twenty ($20.00) Dollars for his initial handling of such dog, plus Ten ($10.00) Dollars for each day, or portion thereof that he has confined such dog and procures from the Town Clerk's office a license and tag for any such dog that is not licensed.
A. Notwithstanding any
provisions of the General Laws to the contrary, any Dog Officer who takes
cognizance of a violation of:
(1) this By-law; or
(2) failure to license
animals pursuant to M.G.L. Chapter 140 and this By-law; or
(3) failure to
obtain residential kennel or commercial
kennel license; or
(4) failure to vaccinate
against rabies pursuant to M.G.L. Chapter 140, section 145B
may issue or mail a Notice of Complaint of Violation of Municipal Dog Control By-law to the owner or keeper of such animal.
A. Nothing contained within this By-law shall limit or restrict any enforcement officer's authority to seek criminal prosecution of any violation of State or Federal law.
B. If any part, section
or provision of this By-law is found to be invalid, the remainder of this
By-law shall not be affected thereby.
Section 15. The effective date of this by-law shall be
Sept. 1, 2000.
ARTICLE
XXVIII DISCHARGE OF WATER
No
artifical collection of standing water, sump pump discharge or underground
drainage
shall be diverted in such a manner so as to be discharged onto a town
highway.
A. 1987
ARTICLE
XXIX FEES
– M.G.L. CHAPTER 40, SECTION 21 (13)
In
acceptance of M.G.L. Chapter 40, Section 21 (13), “All town officers shall pay
into
the town treasury all fees received by them by virtue of their office.”
A. 1988
ARTICLE
XXX MUNICIPAL
INSURANCE FUND – ACCEPTED M.G.L. CHAPTER 40, SECTION 13
To
establish and maintain a Municipal Insurance Fund, into which the Town may
appropriate
an amount not exceeding in any one year one twentieth of one percent
of
the equalized valuation as defined in section one of Chapter 44, but no money
shall
be appropriated for which purpose while the fund equals or exceeds one
percent
of such equalized vaulation. Dividend from insurance, and income from
such
fund shall be paid directly to and become included in the Municipal Insurance
Fund.
The Town may vote appropriations from such fund and the income therof,
as
for the purpose of paying a proper charge for effecting fire insurance on
municipal
buildings or other municipal property against loss or damage by fire,
lightning
or otherwise. Such fund shall be managed and administered by the Town
Treasurer
as a trust fund of the Town.
A. 1988
ARTICLE
XXXI WORKER’S
COMPENSATION INSURANCE FUND – ACCEPTED M.G.L.
CHAPTER 40, SECTION 13A
To
establish and maintain a Workers’ Compensation Insurance Fund, into which
the
Town may appropriate an amount not exceeding in any one year one twentieth
of
one percent of its equalized valuation as defined in section one of Chapter 44,
but
no money shall be appropriated for such purpose while the fund equals or
exceeds
one percent of such equalized valuation. Dividends from insurance and
income
from such fund shall be paid directly to and become included in the
Workers’
Compensation. Such fund shall be managed and administered by the
Town
Treasurer as a trust fund of the Town.
ARTICLE XXXII PERSONNEL
POLICIES AND PROCEDURES AUTHORIZED
PURSUANT
TO M.G.L. CHAPTER 41, SECTION 108A AND 108C
PERSONNEL POLICIES AND
PROCEDURES:
Section 1. Purpose
The
purpose of this by-law is to establish a Personnel Board and the
scope
of its responsibilities. The Board’s mission is to establish
equitable
personnel and employee relations practices for the people
who
work for the Town of
Massachusetts
General Laws, Chapter 41, Section 108 and 108C and
Article
LXXXIX of The Constitution of the Commonwealth.
Section 2. Scope
The
Provisions of this by-law shall apply to all employees, Boards and
Commissions
of the Town, who are not covered by collective
bargaining
agreements as provided in those agreements.
Section 3. Organization
a) The Board shall consist of
*five citizens of the Town who are not
paid
employees of the Town. The terms of office shall be for three
years.
Any member may after a hearing, if requested by the member,
be
removed for cause by the appointing authority.
b) The members of the Board
upon the expiration of the present
members’
terms, shall be appointed by the Board of Selectmen for two
members, the Town Moderator
for one member and the Finance & Advisory
Committee for two members.
*No members shall be from either appointing
committee or board. Whenever a vacancy occurs on the Board, the
original
appointing authority shall
fill the vacancy for the unexpired term.
Section 4. Responsibilities
a) The Board shall be
responsible for the establishment of personnel
policies
and procedures, including, but not limited to: Employment, Job
Classification,
Hours of Work and Overtime, Benefits, Leaves,
Promotions,
Reductions in Force, Performance Evaluation, Transfers,
Corrective
Action and or employment related practices and policies.
b) The Board shall classify all
jobs and positions, and execute a wage
and
salary administration system.
c) The Board shall propose wage
and salary rates each year for the
purposes
of administering Section 4b above.
d) The Board shall administer a
final, binding problem solving system,
by
which Town employees may present and resolve grievances.
e) In the event that a specific provision of
this bylaw should conflict with a specific provision of a collective bargaining
agreement, adopted in conformance with Chapter 105E of the General Laws, the
provision of the particular collective bargaining agreement shall prevail.
f) The Board shall research and
propose a method to evaluate
performance
of Town elected and appointed officials.
g) The Board shall recommend
compensation for all presently
compensated
town positions elected and appointed not otherwise
covered
by the Town’s wage and salary system.
Section 5.
Method
a) With respect to Section 4a above,
the Board shall research and
prepare
proposed rules and regulations, or amendments on their own
initiative,
or as requested by Town Departments, Boards or employees.
The
Board shall then notify any affected Boards and Commissions in
writing,
post notices in prominent locations, and schedule a public
meeting
with at least ten days notice. The Board will consider all relevant
information
for the meeting, then vote on the proposals. A majority vote
(when
a quorum of the Board is present) shall be considered sufficeint
for
adoption.
b) No rule or regulation
promulgated by the Board shall be adopted
until
prior notification is made to all affected Boards, Commissions,
Departments
and Employees.
c) Any section of the Board under
Section 4a and 5a may be rescinded
by
a Majority vote of the Town Meeting.
Section 6. Severability
The
provisions of the by-law and any rules and regulations adopted
under
its authority are severable. If any section of the by-law or
regulation is declared invalid, the
remaining provisions and regulations
shall
be unaffected.
Section 7. Annual
Hourly Sick Leave Buy-Back
Regular full-time employees may elect to have the Town buy back unused sick leave at the employee’s accrued hourly rate of pay at the time of request. The maximum number of days the Town will buy back in one fiscal year is 15 days at the rate of 20% of the accrued hourly rate except at the time of retirement. Regular part-time employees are eligible as above at the prorated basis. Exempt employees may accrue 15 days per year to a maximum of 65 days. Regular full-time employees with over 65 days on June 30, 2005 shall retain the days saved, but may not accrue any more until their total shall fall below 65 days. Exempt employees are not eligible for sick time buy back except at the time of retirement at 20% of the accrued rate. Elected town officials are not eligible for any sick time buy back including any heretofore accrued.
ARTICLE
XXXIII FISCAL YEAR – TO CONFORM WITH M.G.L. CHAPTER 44,
SECTION 56
The
fiscal year of all towns of the Commonwealth shall begin with July 1st
and
end
with the following June 30th and the returns made to the direction
under
Section
43 shall show the financial condition of the town at the close of business
on
June 30th; provided that the Treasurer shall, until July 15th,
enter in his books
all
items for the payment of bills incurred and salaries and wages earned during
the
previous fiscal year.
A. 1990
ARTICLE
XXXIV FLOODLIGHTED AREAS – DISCHARGE FIREARMS
There
shall be no outside floodlighted areas to allow firearms to be discharged
after
sunset.
ARTICLE XXXV ILLEGAL
DUMPING AND/OR DISPOSAL OF TRASH, REFUSE AND
DEBRIS.
No
person, on any public or private property, except property owned by
the
party against whom the enforcement is sought, in the Town of
shall
deposit, drop or throw upon such public or private property, except
property
owned by the party against whom the enforcement is sought, and
suffer
to remain there, rubbish or refuse unless it is deposited, dropped or
thrown
into a receptacle provided for the purpose or unless such activity is
pursuant
to a lawful permit or license issued by the Town of
ARTICLE XXXVI ALARM SYSTEM REGULATIONS
A. Definitions:
For
the purpose of this bylaw the followings terms, phrases, words and their
derivations
shall have the meaning given herein. When not inconsistent with
the
context, words used in the present tense include the future; words used in
the
plural number include the singular number; and words in the singular
number include the plural number. The
word “shall” is always mandatory and
not
merely directory.
1. The term “Alarm System”
means an assembly of equipment and devices, or
a single device such as a
solid state unit which plugs directly into a 110 volt
AC line, arranged to signal
the presence of a hazard requiring urgent
attention and to which the
Police and/or Fire Department are expected to
respond. Alarm Systems on
motor vehicles are specifically excluded from
the provisions of this
bylaw.
2. The term “Alarm User” or
“User” means any person on whose premises an
alarm system is maintained
within the Town. Excluded from this definition are:
a) Municipal, county, state and
federal agencies
b) Central Station personnel
c) Persons who use alarm
systems to alert or signal persons within
premises in which the alarm
system is located of an attempted
unauthorized intrusion or
holdup attempt. However, if such an
alarm system employs an
audible signal or a flashing light outside
the premises; the user of
such an alarm system shall be within the
definition of “alarm user”
and shall be subject to this bylaw.
3. The term “Central Station”
means an office to which remote alarm
and supervisory signal
devices are connected where operators supervise
circuits or where guards are
maintained continuously to investigate signals.
4. The term “False Alarm” means
a) the activation of an alarm system through
mechanical failure,
malfunction, improper installation, negligence of the user
of an alarm system or of his
employees or agents, or a deliberate, malicious
act: or b) any signal or
oral communication transmitted to the Police
Department and/or Fire
Department when in fact there has been no
unauthorized intrusion or
attempted unauthorized intrusion into a premises
or no attempted robbery or
burglary at the premises or no actual fire or
smoke condition. Excluded
from this definition are activation of alarm
systems caused by power
outages, hurricanes, tornadoes, earthquakes and
similar conditions.
5. The term “Chief” means the
Chief of Police of Dudley or his designated
representative when dealing
with unauthorized intrusions or attempted
robberies or burglaries. The
term Chief means the Fire Chief of the
Town of
fire alarm issues.
6. The term “Department” means
the Town of Dudley Police Department or the
Town of
7. For the purpose of this
bylaw, the term “Public Nuisance” means anything
which annoys, injures, or
endangers the comfort, repose, health or safety
of any person(s) or of any
community or neighborhood.
B.
ADMINISTRATIVE RULES
The
Police Chief and Fire Chief may jointly promulgate such rules as may be
necessary
for the implementation of this bylaw.
C.
CONTROL AND CURTAILMENT OF SIGNALS EMITTED BY ALARM SYSTEMS:
1. Every alarm user shall
submit to the Police Chief the names, addresses and
telephone numbers of the
user and at least two other persons who can be
reached anytime, day or
night, and who are authorized to respond to an
emergency signal transmitted
by an alarm system and who can open the
premises wherein the alarm
system is installed. The list of names, addresses
and telephone numbers of the
responders must be kept current at all times
by the alarm user and shall
be submitted during the first month of each
fiscal year. (July 1st).
2. All alarm systems for
unauthorized intrusion only, which use an audible
bell or horn shall be
equipped with an automatic shut off device which
will deactivate the system
within fifteen (15) minutes. All alarm users
with an audible bell or horn
must comply with this section within
ninety (90) days of the
adoption of this bylaw.
3. Alarms used for fire
detection and protection shall not be included in the
previous section.
4. Any alarm which fails to
comply with the above paragraph 2 and emits a
continuous and uninterrupted
signal for more than thirty (30) minutes which
cannot be shutoff or
otherwise curtailed due to the absence or unavailability
of the alarm user or those
persons designated by him under paragraph one (1)
of this section and which
disturbs the peace, comfort or repose of a community
or neighborhood of the area
where the alarm system is located, shall
constitute a public
nuisance. The Police Chief shall record the time each
complaint was made.
In the event that the Police
Chief is unable to contact the alarm user, or
member’s of the alarm user’s
family, or those person’s designated by the
alarm user under paragraph
(1) of this section, or if the aforesaid persons
cannot or will not curtail
the audible signal being emitted by the alarm
system and if the Police
Chief is otherwise unable to abate the nuisance,
he may direct a Police
Officer or a Firefighter or a qualified alarm
technician to enter upon the
property outside the home or building in
which the alarm system is
located and take any reasonable action
necessary to abate the
nuisance.
After entry upon the
property has been made in accordance with this section
and the nuisance abated, the
Police Chief shall have the property secured if
necessary. The reasonable
cost and expense of abating a nuisance in
accordance to this section
may be assessed to the alarm user and assessment
not to exceed $50.00
5. The Town of
or any agent or person
acting on their behalf shall not be liable for any
damages and loss as a result
of an action after a nuissance alarm has been
abated.
D.
TESTING OF EQUIPMENT
No
alarm system designed to transmit emergency messages directly to the Police
Department
and Fire Department shall be worked on, tested or demonstrated
without
obtaining permission from the Police Department and Fire Department
communications
section. Permission is not required to test or demonstrate
alarm
devices not transmitting emergency messages directly to the Police
Department
or Fire Department. An unauthorized test constitutes a false alarm.
E.
PENALTIES
The
following acts and omissions shall constitute violations of this bylaw
punishable
by fines as herein provided:
1. An alarm user whose alarm
system transmits or otherwise causes a false
alarm shall be fined for the
first alarm by a written warning letter, the
second false alarm by a fine
of $25.00 and for the third and subsequent
false alarm by a fine of
$50.00 per false alarm.
2. For a false alarm as a
result of a malicious act, the fine structure shall be
first alarm in a 12 month
period, written warning letter. Second alarm in
a 12 month period, $50.00.
Third alarm in a 12 month period, $100.00.
Fourth and any subsequent
alarm in a 12 month period, $500.00.
3. Unregistered or late
registered false alarm, $25.00, with an additional
$25.00 for each month
in-noncompliance.
4. Failure to provide current
list of responders $25.00, with an additional
$25.00 for each month in
non-compliance.
5. Failure to install automatic
shutoff device (intrusion or burglar alarm only)
$25.00 with an additional
$25.00 for each month in non-compliance.
6. Alarm causing public nuisance
$50.00.
7. Improper testing of alarm
systems $25.00.
8. Penalties and fines
structure may be changed and updated from time to
time by the Board of
Selectmen following a public hearing.
9. All fines are payable to the
Town of
F.
SEPARABILITY
If
any clause, sentence, paragraph or part of this local bylaw of the
application
thereof to any person or circumstances shall for any reason
be
adjudged by a Court to be invalid, such judgement shall not affect,
impair
or invalidate the remainder and the application thereof to other
persons
or circumstances but shall be confined in its operation to the
clause,
sentence, paragraph or part thereof directly involved in the
controversy
in which such judgement shall have been rendered and to
the
person or circumstances involved. It is hereby declared to be the
intent
of the Town of
had
such invalid provisions not been included therein.
A.
5/18/98
ARTICLE
Street
numbers shall be attached to each dwelling, business, industry and other
buildings,
which are not accessory in nature in the Town of
a) The numbers shall be made of
permanent, weatherproof materials,
shall be numeric Arabic
numbers at least (3) three inches in height in
a contrasting color, and
shall be clearly visible from the public way
upon which the structure
fronts.
b) Any structure that is not
visible from the street or roadway shall have the
assigned number posted on a
suitable support at the entrance to the
driveway that services such
structure.
c) The numbers posted shall be
those assigned to each structure as filed in the
office of the Assessor. The
Assessor shall advise the owners of the
property of the assigned or
reassigned number in writing at the property’s
tax address.
d) It shall be the
responsibility of each property owner in the Town to display and
maintain the assigned street
number within 90 days of adoption of this bylaw at the
Town Meeting. The bylaw shall be enforced by the Police
Department. Failure to
comply with this bylaw shall
subject property owners to a fine of not more than
Twenty-Five Dollars ($25.00)
per day for each offense. Each day shall
be a separate
offense.
Approved
by Attorney General, 7/20/98
ARTICLE
XXXVIII CAPITAL IMPROVEMENT PLANNING COMMITTEE
Section 1. The Board of Selectmen shall
establish and appoint a committee to be known
as
the Capital Improvement Planning Committee, composed of one member of the Board
of
Selectmen,
one member of the Finance Committee, one member of the Planning Board, the
Town
Treasurer and three members at large.
The Town Administrator and the Town Accountant
shall
be ex-officio Committee members without the right to vote. The Committee shall choose its
own
officers.
Section 2. The Committee shall study
proposed capital projects and improvements involving
major
non-recurring tangible assets and projects which: 1) are purchased or
undertaken at intervals
of not less than five years;
2) have a useful life of at least five years; and 3) cost over $25,000. All
officers, boards and
committees, including the Selectmen, shall, by June 30th of each
year, give to the
Committee, on forms prepared
by it, information concerning all anticipated projects requiring Town
Meeting action during the
ensuing six years. The committee shall
consider the relative need, impact,
timing and cost of these
expenditures and the effect each will have on the financial position of the
town.
No appropriation shall be
voted for a capital improvement requested by a department, board or commission
unless the proposed capital improvement is considered in the Committee’s
report, or the Committee shall
first have submitted a
report to the Board of Selectmen explaining the omission.
Section 3. The Committee shall prepare
an annual report recommending a Capital Improvement
Budget for the next fiscal
year, and a Capital Improvement Program including recommended capital
improvements for the following five fiscal years. The report shall be submitted to the Board of
Selectmen
for its consideration and
approval and to the FAA for its recommendation.
The Board shall submit
its approved Capital Budget
to the Fall Annual Town Meeting for adoption by the town.
Section 4. Such Capital Improvement
Program, after its adoption, shall permit the
expenditure on projects
included therein of sums from departmental budgets for surveys,
architectural or engineering
advice, options or appraisals; but no such expenditure shall be
incurred on projects which
have not been so approved by the town through the appropriation
of sums in the current year
or in prior years, or for preliminary planning for projects to be undertaken
more than five years in the
future.
Section 5. The Committee’s report and
the Selectmen’s recommended Capital Budget shall be
published and made available
in a manner consistent with the distribution of the Finance Committee
report. The Committee shall deposit its original
report with the Town Clerk.
Added; Article XXXVIII, 5/22/00
ARTICLE
XXXIX
DEMOLITION DELAY
FOR STRUCTURES OF HISTORICAL OR ARCHITECTURAL SIGNIFICANCE BY-LAW
12.01.00
Declaration
of Policy
Finding that the economic, cultural and aesthetic standing of the Town of Dudley can best be maintained and enhanced by due regard for the historical and architectural heritage of the Town and by striving to discourage the destruction of such cultural assets, it is hereby declared as a matter of public policy that the protection, enhancement, perpetuation and use of structures of historical and architectural significance, located within the Town of Dudley is a public necessity and is required in the interest of the prosperity, civic pride and general welfare of the people.
12.02.00
Purpose
The purpose of this Bylaw is to:
a. Designate, preserve, protect, enhance and perpetuate those structures and sites within the town that reflect outstanding elements of the Town’s cultural, artistic, social, economic, political, architectural, historic or other heritage;
b. Foster civic pride in the vestiges and accomplishments of the past;
c. Stabilize or improve the aesthetic and economic vitality and values of such structures and sites;
d. Protect and enhance the Town’s attraction to tourists and visitors;
e. Promote the use of historical or architectural structures and sites for the education and welfare of the people of the Town;
f. Promote good urban design including the perpetuation of related private open spaces;
g. Promote and encourage continued private ownership and utilization of such buildings and sites now so owned and used; and
h. Provide owners of significant structures with time to consider alternatives to demolition.
12.03.00
Definitions
The provisions of this bylaw shall be liberally construed to effect the purposes expressed or implied in Section 12.02.00. Definitions of the following words and phrases shall be construed and understood according to their common and usual meaning unless the contrary is clearly indicated:
“Commission” – The
“Demolition” – Any act of pulling down, destroying, removing or razing a structure or portion thereof , whether interior or exterior, or commencing the work of total or substantial destruction with the intent of completing the same.
“Demolition Permit” – A permit issued by the Building Inspector under the State Building Code for the demolition of a building or structure.
“Significant Structure” – A structure or site found by the Dudley Historical Commission to contribute to the historical or architectural heritage or resources of the Town pursuant to Section 12.05.00 of this Bylaw.
12.04.00 Procedure
a. No permit for demolition of a significant structure shall be issued except as provided in the Bylaw.
b. Every applicant for a demolition permit shall be made upon a form provided by the Building Inspector and shall be signed by the owner or the owner’s agent under the power of attorney. Every application shall include such locational information, plans and narrative description and justification of the proposed demolition as shall be required under Historical Commission rules and regulations for such applications.
c. Upon receipt of any application for a demolition permit, the Building Inspector shall within five (5) days transmit a copy thereof to the Dudley Historical Commission.
d. Within thirty (30) days of the Commission’s receipt of a copy of the application for a demolition permit, the Commission shall hold a public hearing on such application, and shall make a determination as to whether the structure is a significant structure under one or more of the criteria set forth in Sections 12.05.00 a., and 12.05.00 b. The Commission shall give written notice of the time and place of the hearing, not less than seven (7) days prior to the hearing, to the owner by certified mail, and by posting and by publication once in a local newspaper. The Commission may conduct a site visit prior to the hearing.
e. If within thirty (30) days of the Commission’s receipt of a copy of an application for a demolition permit, no public hearing has been held or no finding by the Commission has been filed with the Building Inspector, the Building Inspector may, subject to the requirements of the State Building Code and any other applicable laws, Bylaws, rules and regulations, issue the demolition permit.
f. If after holding a public hearing the Commission shall determine that the structure is not a significant structure because it fails to meet one or more of the criteria set forth in Section 12.05.00, or if the Commission shall determine that the structure is a significant structure meeting one or more of the criteria set forth in Section 12.05.00, but that the proposed demolition would not be detrimental to the historical or architectural heritage or resources of the Town, then the Commission shall notify the Building Inspector in writing of its findings within fourteen (14) days of said determination. Upon receipt of such notification, or upon expiration of said fourteen (14) days without such notice, the Building Inspector may issue a demolition permit, subject to the requirements of the State Building Code and any other applicable laws, Bylaws, rules and regulations.
g. .If after such hearing the Commission determines that the structure is a significant structure and that the proposed demolition would be detrimental to the historical or architectural heritage or resources of the Town, then it shall file written notice with the findings of its determination to the applicant and the Building Inspector and no demolition permit shall be issued until twelve (12) months after the date of such determination by the Commission , or the issuance of a court decree pursuant to an appeal of such determination, whichever may be later. During the twelve month waiting period, the owner shall make continuing, bona fide attempts to find a buyer or alternative use for the building or structure that will result in its preservation. When a buyer is found, then the owner is obligated to engage in a good faith effort to consummate the transaction.
12.05.00 Standards for
Designation as a Significant Structure
The Historical Commission shall determine that a structure be designated as a significant structure if it meets one or more of the following criteria:
a. It is listed on or is within an area listed on, the National Register of Historic Places, or is the subject of a pending application for listing on said National Register, or;
b. The Commission determines that the structure meets one or more of the following three criteria:
1. Historical Importance. The structure meets the
criteria of historical importance if it:
a. Has
character, interest or value as part of the development, heritage or cultural
characteristics of the Town of
b. Is the site of an historic event, or;
c. Is identified with a person or group of persons who had some influence on society, or;
d. Exemplifies the cultural, political, economic, social or historic heritage of the community.
2. Architectural
Importance. The structure meets the criteria of
architectural importance if it:
a. Portrays the environment of a group of
people in an era of history characterized by a distinctive architectural style,
or;
b. Embodies those distinguishing
characteristics of an architectural type, or;
c.
Is
the work of an architect, master builder or craftsman whose individual work has
influenced the development of the Town, or;
d. Contains elements of architectural
design, detail, materials or craftsmanship which represents a significant
innovation.
3. Geographic Importance. The structure meets the criteria of geographic importance if:
a. The site is part of, or related to, a
square, park or other distinctive area, or;
b. The structure, as to its unique location or its physical characteristics, represents an established and familiar visual feature of the neighborhood, village center, or the community as a whole.
12.06.00 Demolition
Notwithstanding the provisions in Section 12.04.00 g., the Building Inspector may issue a demolition permit for a significant structure under any of the following circumstances.
a. If at any time after inspection, the Building Inspector shall determine that the structure poses an imminent threat to the public health or safety of the community under Section 12.07.00 d., and so advises the Commission in writing, or;
b. The Commission is satisfied that there is no reasonable likelihood that either the owner or some other person or group is or will be willing to purchase, preserve, rehabilitate, restore or relocate such building and so advises the Building Inspector in writing, or;
c. The commission is satisfied that the owner has made continuing bona fide and reasonable efforts to locate a purchaser who would be willing to preserve, rehabilitate, restore or relocate the subject building but that such efforts have been and will continue to be unsuccessful, and so advises the Building Inspector in writing.
12.07.00 Emergency
Demolition
a. If a building or structure poses an immediate threat to public health or safety due to its deteriorated condition, the owner of such building or structure may request issuance of an emergency demolition permit from the Building Inspector.
b. Upon receipt of any application for an emergency demolition permit, the Building Inspector shall within five (5) days transmit a copy thereof to the Dudley Historical Commission.
c. As soon as is practicable, but within fourteen (14) days after receipt of such an application, the Building Inspector shall inspect the building or structure with a team consisting of the Building Inspector, Town Engineer, Fire Chief, Historical Commission Chair and two (2) other members of the Commission selected by the Chair, or the designees of said officials.
d. Within five (5) days after inspection of the building or structure, and after consultation with other members of the inspection team, the Building Inspector shall determine: 1) whether the condition of the building or structure represents a serious and imminent threat to public health and safety, and; 2) whether there is any reasonable alternative to the immediate demolition of the building or structure which would protect public health and safety.
I. The Building Inspector finds; 1) that the condition of the building or structure poses a serious and imminent threat to public health and safety, and; 2) that there is no reasonable alternative to the immediate demolition of the building or structure, then the Building Inspector may issue an emergency demolition permit to the owner of the building or structure.
II. If the Building Inspector finds; 1) that the condition of the building or structure does not pose a serious and imminent threat to public health and safety, and/or; 2) that there are reasonable alternatives to the immediate demolition of the building or structure which would protect public health and safety, then the Building Inspector may refuse to issue an emergency demolition permit to the owner of the building or structure.
e. Upon issuing an emergency demolition permit under the provisions of this section, the Building Inspector shall submit a brief written report to the Commission describing the condition of the building or structure and the basis for his/her decision to issue an emergency demolition permit.
Nothing in this section shall be inconsistent with the procedure for the demolition and/or securing of buildings and structures established by M.G.L. Chapter 143, Sections 6-10.
12.08.00 Enforcement
and Remedies
The following enforcement and remedies shall apply under this bylaw:
a. The Historical Commission is authorized to adopt rules and regulations to carry out its duties and functions under this Bylaw.
b. The Commission and the Building Inspector are each authorized to institute any and all proceedings in law or equity they shall deem necessary and appropriate to obtain compliance with the requirements of this Bylaw, or to prevent a violation thereof.
c. No building permit shall be issued with respect to any premises upon which a structure has been demolished in violation of this bylaw for a period of five (5) years from the date of the completion of such demolition.
12.09.00 Severability
If any section, paragraph or part of this Bylaw be for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect to the extent that the overall purposes of this article can still be met.
Demolition Permits issued under the provisions of this By-Law shall not be transferable by the applicant and shall become null and void at such time as the underlying property is transferred. A change in control of a business entity shall be considered a transfer by the applicant and shall render the demolition permit null and void.
ARTICLE
XL HOME RULE BY-LAW (FOR FIRE CHIEF)
Section
2. Establishment
Section
3. Function
Section
4. Personnel;
Appointing Authority
Section
5. Head of Department
Section
6. Duties &
Responsibilities of Fire Chief
Section
7. Incident Authority of
Fire Chief
Section
8. Aid to Other Cities and
Towns
Section
9. Fire Inspections
Section
10. Excusing Uniform Members
from Duty
Section
11. Off-Duty Employment of Uniform
Members
Section
12. Traffic Control by
Uniform Members
Section
13. Drawing Water from
Hydrants or Reservoirs
Section
14. Taking Department
Property Out of the Town
Section
15.
Section
16. Absence or Disability of
Fire Chief
Section
17. Assistance and
Responsibility
Section
18. Ambulance Service
Section
19. Rules and Regulations
Section
20. Effective Date and
Transition
Unless
a contrary intention clearly appears, the terms used in this bylaw shall be
construed as follows:
“Chief” – shall mean the
head of the Fire Department
“Department” – shall mean
the Fire Department
“Employees” – shall mean
all the personnel of the Fire Department other than the members of the
uniformed firefighting force;
“Uniform Member” – shall
mean a member of the uniformed firefighting force, including all officers and
firefighters;
“Fire Officials or Officers”
– shall mean the Chief, the deputy chief(s), the captains, and the lieutenants;
“Firefighter” – shall mean
a uniform member with the lowest rank also know as “private.”
Under the authority of the Home
Rule Amendment of the Massachusetts Constitution there is hereby established
under the jurisdiction of the Board of Selectmen, a department to be known as
the“Fire Department” (hereinafter “Department”).
It shall be the function of the
Department to provide fire protection, firefighting, ambulance services, and
other emergency services to the town; to carry out the fire prevention duties
described by the General Laws and the Fire Prevention Code; and to investigate
fires.
The Department shall consist of
the Chief and such other full-time members and employees as the Board of
Selectmen shall authorize, subject to
appropriation by Town Meeting. The
Board of Selectmen shall be the Appointing Authority for all full-time members
and employees through a committee established by the Board of Selectmen.
The Department shall be headed by the Chief who shall be appointed by
the Board of Selectmen.
It shall be the duty and responsibility of the Chief:
(a)
to perform all duties prescribed by chapters forty-eight and one
hundred and forty-eight of the General Laws and by rules and regulations of the
Department;
(b)
to provide fire protection, firefighting, fire prevention, ambulance
services, and other emergency service for the Town, including but not limited
to, salvage and overhauling operations:
(c)
to examine the conditions of all property of the Department and to
cause the same to be kept in good condition and repair and ready for immediate
service;
(d)
to have care and custody of all equipment and supplies of the
Department;
(e)
to inspect the fire companies and equipment;
(f)
to train the uniform members and the fire companies in fire and
ambulance operations and to provide each uniform member with a manual
containing the rules and regulations of the Department and pertinent bylaws and
to enforce the same;
(g)
to maintain discipline within the Department;
(h)
to assign uniform members and employees to duties and tasks;
(i)
to schedule uniform members and employees for work;
(j)
to conduct the inspection prescribed in the General Laws and the Fire
Prevention Code;
(k)
to maintain adequate books and records and inventory of Department
equipment and supplies in such detail to furnish all information necessary for
the operation of the Department and to permit analysis and report to the Board
of Selectmen;
(l)
to prepare the Department Budget for submission to the Board of
Selectmen;
(m)
to administer the Department; and
(n)
to perform such other duties as may be prescribed by law.
The Chief, or, in his absence, the officer in charge shall have sole
command at the location of any fire or during the emergency response to any
release of hazardous materials over all members of the Department and all other
persons who may be present and shall have authority to direct all measurers for
the extinguishment of fires, protection and preservation of property and life,
preservation of order and the observance of laws, bylaws and rules and
regulation respecting fires or hazardous materials at such incidents.
The Chief is authorized to extend such aid as he may deem necessary to
another city, town, fire district or area under federal jurisdiction for
extinguishing fires therein. The Chief
shall notify the Town Administrator of any aid outside of the Town of
(a)
It shall be the duty of the Chief to have the Department conduct fire
inspections and to assign uniform members to conduct such inspection.
(b)
Any uniform member, while making such inspection, shall be in uniform
and wear the badge of the Department.
(c)
Records of these inspections shall be kept at the office of the Chief
and shall be available for inspection by the Board of Selectmen.
(d)
The Chief, in his annual report, shall give the results of these
inspections, stating the number of inspections made and a list of cases
requiring the enforcement of the provisions of the Fire Prevention Code.
(a)
The Chief shall determine the time and manner of excusing uniform
members of the Department from duty. A
member so excused shall be exempt from duty and from attendance at a fire
station or other place, but otherwise shall be subject to all laws and rules
and regulations relating to a uniform member of the Department.
(b)
The Chief shall have the authority, whenever in his judgement, any
public emergency or any demand for the services of the Department requires, to
prevent any uniform members of the Department taking time off when the member
is entitled thereto at the time assigned therefore or to recall such uniform
member back to duty for such duration and to such extent as the Chief deems
necessary.
No full-time member of the Department shall, during off-duty hours,
enter the employ of any persons, firm, corporation, or engage in any gainful
occupation without the express written permission of the Chief. In granting of any such permission, the Chief
shall first determine that:
(a)
such employment or occupation is not incompatible with the full-time
members’ employment as a firefighter nor tend to bring the Department into
disrepute;
(b)
such employment or occupation will not impair the full-time member’s
efficiency.
Notwithstanding any contrary provisions of the Bylaws, uniform members
of the Department, if so authorized by the officer in charge, may direct
traffic as may be required to permit fire vehicles to leave or enter a
firehouse or to park at the scene of any emergency.
Section 13. Drawing Water from Hydrants or
Reservoirs
No uniform member or any employee of the Department shall draw water
from the reservoirs or hydrants except in case of fire or other emergencies
unless specifically authorized by the Chief to do so.
No property belonging to the Department shall be taken out of town
limits unless by order of the Chief.
Under the authority of the General Laws, chapter 48, sec. 8, there
shall be within the Department, the position of Forest Warden. The Board of Selectmen shall appoint the
Forest Warden in accordance with the General Laws for a term of one year. The Forest Warden shall perform such duties
as may be prescribed by law.
Section 16. Absence or Disability of Fire Chief
The Board of Selectmen shall, by rule, determine what officer shall
act, with full duties and authority, in the place of the Chief during the
absence or disability of the Chief.
(a) The deputy fire
chief(s), and all other uniform members shall perform their duties prescribed
by law or by the Chief under the direction and command of the Chief and shall
aid the Chief in the performance of his duties prescribed by this Bylaw.
(b) In the administration of the Department, the Chief shall
be responsible to and under the supervision of the Board of Selectmen.
The Department shall provide the
ambulance service for the Town. All full-time members shall be licensed as
emergency medical technicians and shall perform such duties under the command
of the Chief.
The Chief shall establish and
provide for appropriate billing and collection of ambulance service charges to
the users of the service. The Chief shall set the rates of the ambulance
service with the approval of the board of Selectmen.
The Chief shall ensure that the
ambulance service and uniform members comply with the state regulations
regarding the ambulance service.
The Chief shall promulgate, with the approval of the Board of
Selectmen, rules and regulations for the operation of the fire department, and
the uniform members, and employees, including the off duty conduct of uniform
members.
On the effective
date of this Bylaw, the Board of Fire Engineers shall be abolished and all
uniform members and employees of the Board shall be transferred to the Dudley
Fire Department. This Bylaw shall not impair any contact of the Board of Fire
engineers, which shall be assumed by the Town of
ARTICLE
XLI INVESTMENT POLICY
INVESTMENT POLICY
IT
IS THE POLICY OF THE TOWN OF DUDLEY TO INVEST ALL PUBLIC FUNDS IN A MANNER
WHICH WILL PROVIDE THE HIGHEST INVESTMENT RETURN WITH THE MAXIMUM SECURITY
WHILE MEETING THE DAILY CASH FLOW DEMANDS OF THE ENTITY AND CONFORMING TO ALL
STATE STATUTES AND LOCAL BY-LAWS GOVERNING THE INVESTMENT OF PUBLIC FUNDS.
AUTHORITY
THE TREASURER SHALL RECEIVE AND TAKE CHARGE OF ALL MONEY BELONGING TO THE TOWN, AND PAY OVER AND ACCOUNT FOR THE SAME ACCORDING TO THE ORDER OF THE TOWN OR OF ITS AUTHORIZED OFFICERS. THE TREASURER SHALL INVEST ALL PUBLIC FUNDS EXCEPT THOSE REQUIRED TO BE KEPT UNINVESTED FOR PURPOSE OF IMMEDIATE DISTRIBUTION. INVESTED FUNDS ARE REQUIRED TO BE PLACED AT THE HIGHEST POSSIBLE RATE REASONABLY AVAILABLE, TAKING INTO ACCOUNT SAFETY, LIQUIDITY, AND YIELD.
LEGAL INVESTMENTS
MASSACHUSETTS GENERAL LAWS (MGL),
CHAPTER 44, SECTION 55, SETS FORTH THE REQUIREMENTS AND LIMITATIONS OF
INVESTMENTS FOR MUNICIPAL
TREASURERS. THESE INCLUDE IN PART:
TERM DEPOSITS OR
CERTIFICATES OF DEPOSITS; DEPOSITS IN TRUST COMPANIES, NATIONAL OR STATE CHARTERED BANKS IN THE FORM OF MONEY
MARKETS, SUPER NOW ACCOUNTS,
OR OTHER FORMS OF LIQUID INVESTMENTS; UNITED STATES GOVERNMENT SECURITIES SUCH AS TREASURY BILLS, AND
GOVERNMENT AGENCIES ETC.; ALL
HAVING A MATURITY FROM DATE OF PURCHASE OF ONE YEAR OR LESS.
REPURCHASE
AGREEMENTS NOT TO EXCEED 90 DAYS.
INVESTMENTS IN A
POOLED FUND OPERATED UNDER THE AUTHORITY OF THE STATE TREASURER, SUCH AS THE
MONEY MARKET
FUNDS OPERATED UNDER Rule 2a-7 AND THAT HAVE A AAA RATING
MGL, CHAPTER 44,
SECTION 54 SETS FORTH THE REQUIREMENTS AND LIMITATIONS OF INVESTMENT OF TRUST
FUNDS, TO THE EXTENT NOT OTHERWISE PROVIDED OR DIRECTED
BY THE DONOR THEREOF
INVESTMENT GOALS
THE TOWN'S INVESTMENT ACTIVITIES WILL BE
MANAGED BY THE TREASURER PURSUANT TO THE FOLLOWING GOALS:
TO MAINTAIN ALL
COLLECTED BALANCES FULLY INVESTED, TO THE MAXIMUM EXTENT POSSIBLE.
TO MAINTAIN AN
ANNUAL AVERAGE OF 98% OF TREASURER'S LEDGER CASH INVESTED AT CURRENT MONEY MARKET RATES. THIS IS BASED ON AN ESTIMATE THAT THE DAILY
AVERAGE OF UNCOLLECTED FUNDS REPRESENTS 2% OF LEDGER CASH. FOR PURPOSES OF THIS
SECTION, CURRENT MONEY MARKET RATES SHALL BE CONSIDERED THE AVERAGE OF ALL
TAXABLE MONEY MARKET FUNDS AS FOUND AT WWW.IMONEYNET.COM, OR IF UNAVAILABLE, A SIMILAR SOURCE.
TO MAINTAIN A
REASONABLE RATE OF RETURN ON ALL INVESTED FUNDS, MAKING SECURITY OF PRINCIPAL
THE MAIN PRIORITY, WITH DUE CONSIDERATION TO LIQUIDITY AND YIELD.
AT SUCH TIME AS
EQUITY INVESTMENTS ARE ALLOWED UNDER THE GUIDELINES ESTABLISHED IN THE PROVISIONS OF MGL CHAPTER 44, SECTION
54, THE TREASURER, OR OTHER INVESTMENT AUTHORITY, AS THE CASE MAY BE, SHALL
COMMIT SOME FUNDS TO EQUITY INVESTMENTS IN ORDER TO PROVIDE A COMPONENT OF
GROWTH INVESTMENTS IN THE ALLOCATION OF TOWN ASSETS.
A WRITTEN
STATEMENT OF THE ASSET ALLOCATION POLICY SHALL BE A PART OF THE ANNUAL REPORT OF THE TREASURER. IT
SHALL INCLUDE A PERCENTAGE BREAKDOWN OF THE ALLOCATION OF RESOURCES TO SHORT
TERM FIXED DOLLAR, INTERMEDIATE TERM FIXED DOLLAR, LONG TERM BOND, REAL ESTATE
AND EQUITY INVESTMENTS WITH A
STATEMENT OF THE REASONING BEHIND THE CHOICE OF ASSET ALLOCATION. IF NO
RESOURCES ARE ALLOCATED TO ANY OF THE AFOREMENTIONED INVESTMENTS, THE REASONING
FOR HAVING NO ASSETS SO ALLOCATED SHALL BE STATED IN WRITING.
IN ORDER TO ACHIEVE THESE GOALS, THE
TREASURER SHALL:
1) ORGANIZE AND
MAINTAIN BANKING RELATIONSHIPS DESIGNED TO INSURE INVESTMENT OF ALL FUNDS
AVAILABLE.
2) MAINTAIN A
PRIMARY RELATIONSHIP WITH BANKS WITH NO LESS THAN A COLOR CODE OF GREEN/***
BASED ON THE VERIBANC, INC., BANK RATING SERVICE.
3) UTILIZE BANK
CERTIFICATES OF DEPOSIT AND UNITED STATES TREASURIES AND UNITED STATES AGENCIES
FOR MATURITY PERIODS WHICH PROVIDE A FAVORABLE RATE AND IN CONJUNCTION WITH
CASH FLOW NEEDS.
4)
UTILIZE THE STATE TREASURER'S POOLED INVESTMENT FUND.
5) UTILIZE
REPURCHASE AGREEMENTS ONLY ON A LIMITED BASIS WHEN NO OTHER MORE FAVORABLE OPTION IS POSSIBLE AND
THEN ONLY FOR A PERIOD OF NO MORE THAN SEVEN DAYS AND ONLY WITH BANKS RATED AS DESCRIBED IN ITEM 2 ABOVE.
6) UTILIZE BANK
MONEY MARKET ACCOUNTS FOR ALL REMAINING LIQUID FUNDS.
7) AVOID THE
NECESSITY TO REDEEM A TERM DEPOSIT PRIOR TO MATURITY.
8) UTILIZE WIRE
TRANSFERS OF FUNDS WHENEVER THE INTEREST BENEFIT EXCEEDS THE TRANSACTION COST
ASSOCIATED WITH THE WIRE.
RISK LIMITS
THE FOLLOWING LIMITS SHALL BE UTILIZED:
STATE
TREASURER'S POOLED FUND NO
LIMIT
U.S.TREASURY
SECURITIES NO
LIMIT
GREEN/*** BANKS
NOT IN EXCESS OF
15% OF CAPITAL AND SURPLUS AS OF MOST RECENT ANNUAL REPORT. TOTAL INCLUDES ALL
MONEY IN C.D.'S, MONEY MARKETS ETC.
IN ADDITION TO THESE LIMITS, NO SINGLE
BANKING INSTITUTION SHALL HOLD IN EXCESS OF 25% OF THE TREASURER'S CASH BALANCE
(CASH AND INVESTMENTS) AT ANY TIME. THIS LIMIT DOES NOT APPLY TO A STATE
TREASURER’S POOL.
STATUTORY REFERENCES
THE TREASURER
SHALL AT ALL TIMES BE COGNIZANT OF AND COMPLY WITH PROVISIONS OF THE FOLLOWING
SECTIONS OF THE MASSACHUSETTS GENERAL LAWS:
CHAPTER 44,
SECTION 55 PUBLIC FUNDS ON DEPOSIT; LIMITATIONS; INVESTMENTS
CHAPTER
44, SECTION 53F COMPENSATING BALANCES
CHAPTER
44, SECTION 55B INVESTMENT OF PUBLIC FUNDS
CHAPTER
44. SECTION 54 INVESTMENT OF TRUST FUNDS
ARTICLE
XLII CONSERVATION COMMISSION
The Conservation Commission upon
receipt of an application, or at any point during the hearing process, the
Commission is authorized to require an applicant to pay a fee for the
reasonable costs and expenses borne by the Commission for specific expert
engineering and other consultant services deemed necessary by the Commission to
come to a final decision on the application. This fee is called the
"consultant fee." The specific consultant services may include, but
are not limited to, interdepartmental site inspections and evaluations of
submittals to those departments, performing or verifying the accuracy of
resource area survey and delineation; analyzing resource area functions and
values, including wildlife habitat evaluations, hydrogeologic and drainage
analysis; and researching environmental or land use law. The Commission is
authorized to set fees on a site by site basis or by estimate for those
projects which come before its review it deems necessary for consultant
oversight.