TOWN OF DUDLEY BY-LAWS

(Approved Through February 2008)

 

TABLE OF CONTENTS

 

 

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 IX     HIGHWAY COMMISSIONERS                                                               11

 

ARTICLE X      PARKING RULES                                                                                   12

 

ARTICLE XI     LICENSES AND PERMITS                                                                   13

 

ARTICLE XII    MISCELLANEOUS PROVISIONS                                                          16

 

ARTICLE XIII PENALTIES                                                                                          17

 

ARTICLE XIV  POLICE DEPARTMENT TOWN OF DUDLEY                                        18

 

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

                                   PROVISIONS OF M.G.L. CHAPTER 40, SECTION 8D

 

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 ARTICLES FOR TOWN MEETING                                                     24

 

ARTICLE XXV     RULES AND REGULATIONS USE OF LAKES                                                         24

                                          AND PONDS WITHIN THE TOWN

 

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

                                             FUND

 

ARTICLE XXXII    PERSONNEL POLICIES AND                                                                                                31

                                               PROCEDURES

 

ARTICLE XXXIII   FISCAL YEAR                                                                                                            33

 

ARTICLE XXXIV   FLOODLIGHTED AREAS – DISCHARGE FIREARMS                                   33

                                                   

ARTICLE XXXV    ILLEGAL DUMPING                                                                                                 33

                                        

ARTICLE XXXVI   ALARM SYSTEM REGULATIONS                                                                        34

 

ARTICLE XXXVII  STREET NUMBERING                                                                                                           36

                              BY-LAWS OF THE TOWN OF DUDLEY, MASSACHUSETTS

 

  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.

 

Rev. Sec. 1&2 1974; Sec. 1 1981;Sec. 1 1998      

 

 

ARTICLE II     WARRANTS FOR TOWN MEETINGS

 

Section 1. Every warrant of town meetings shall be served by posting an attested copy thereof at the Dudley Municipal Center and of the Town of Dudley Web Site and notice of availability of the warrant on one Cable Access Channel at least fourteen days before the date of said meeting.

 

 

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.

 

Rev. Sec. 9 1971, Rev. Sec. 12 1973, Amended Sec. 10 6/17/96, Added Sec.13 5/18/98

 

 

   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.  

 

Rev. Sec 1 1961, 1980; Rev. Sec. 1(e)1977

 

 

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 Dudley as a representative of the

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

Added Sec. 16, 5/24/99

 

 

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 IX       HIGHWAY COMMISSIONERS

 

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 Dudley are to be selected from a list of names provided by the

               Street Name Committee to the Planning Board.

 

Add Sec. 4, 5/24/99

 

 

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

Dudley in such manner as to interfere with the work of plowing snow or

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 Dudley, any

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 Dudley

                        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 Dudley Traffic Rules and

                        Regulations under Article IV, Section 4-1, letter D”.

 

Rev. Sec. 3e 1978, 6/27/95 amended adding Sec. 4. Rev. Sec. 4, 1/29/02

 

 

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 Dudley. *If the board determines that any activity, event or other

                        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.”
           

           

LICENSES

 

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 Dudley a copy of the master list. Upon receipt

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 Dudley have been paid as of the date of the issuance of the

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 Dudley.”

 

Sec. 2. Repealed 1987/A Sec. 2 5/18/98

 

 

 

 

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 Dudley to see that the provisions of these By-Laws are enforced.

 

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.  

 

Rev. Sec. 1 1956, Sec 5 1994
Add Sec. C, 1998

 

 

ARTICLE XIV     POLICE DEPARTMENT TOWN OF DUDLEY

 

Part 1.  An act providing that members of the Police Department of the Town of Dudley be

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 Dudley shall not be subject to the civil

            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 Dudley 

            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 – Ch. 511)

 

Part 2.  An Act clarifying the Civil Service Status of certain members of the police

department of the Town of Dudley.

 

            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 Dudley Police Rules Committee established under c.

                        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 Dudley Board is within the scope

                        of the authority granted by the legislature of the Town of Dudley’s Police

                        Rules Committee.

 

                        2) The Town of Dudley Rules Committee does not have the authority

                        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 Dudley’s subsequent passage of c 511 adopted rules

                        and regulations incorporating G.L. c. 31, Section 43.  The Town of Dudley

                        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 Dudley shall adopt rules and regulations governing

                        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

Part 2, 1979 eff. 1975; Ruling Part 3. Superior Court #88-3003 1990

 

 

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.

 

  Rev. 1971, 1979, Added Sec. 2 10/30/06

 

 

ARTICLE XVII    SOIL OR LOAM REMOVAL

 

                Section 1. The removal of soil or loam from any parcel of land in the Town of

                        Dudley, except as provided, is allowed only with written permit therefore

                        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 Dudley Sewer

                        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 Dudley Sewer                         System at time of construction of within 300' of an existing sewer line.

 

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 Water Supply Conservation or State of Water Supply Emergency by providing for enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by the Town or by the Department of Environmental Protection.

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 Water Supply Emergency declared by the Department of Environmental Protection under M.G.L. C21G, sec. 15-17.

State of Water Supply Conservation shall mean a State of Water Supply Conservation declared by the Town pursuant to section 4 of this bylaw.

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 Water Supply Conservation

The Town, through its Board of Water Commissioners, may declare a State of Water Supply  Conservation upon a determination by a majority vote of the Board that a shortage of water exists and conservation measures are appropriate to ensure an adequate supply of water to all water consumers. Public notice of a State of Water Conservation shall be given under section 6 of this bylaw before it may be enforced.

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 Water Supply Conservation shall be published in a newspaper of general circulation within the Town, or by such other means reasonably calculated to reach and inform all users of water of the State of Water Supply Conservation. Any restriction imposed under section 5 shall not be effective until such notification is provided. Notification of the State of Water Supply Conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection.

Section 7               Termination of a State of Water Supply Conservation: Notice

A State of Water Supply Conservation may be terminated by a majority vote of the Board of Water Commissioners, upon a determination that the water supply shortage no longer exists. Public notification of the termination of a State of Water Supply Conservation shall be given in the same manner required by section 6.

Section 8               State of Water Supply Emergency: Compliance with DEP Orders

Upon notification to the public that a declaration of a State of Water Supply Emergency has been issued by the Department of Environmental Protection, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by the Department intended to bring about an end to the State of Emergency

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 Dudley for the purpose and

            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.

 

A.   1980               

 

 

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.

 

A.    1984

 

 

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 Dudley, for any and all damages which

                        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

 

Section 1.             DEFINITIONS

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 Dudley.  No person shall permit a dog owned or kept by him beyond the confines of the property of the owner or keeper unless a leash, which shall not exceed ten (10) feet in length or up to twenty-five (25) feet if the leash is retractable, physically restrains the dog.

 

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 Commonwealth of Massachusetts where a separate set of rules and regulations apply.

 

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 Dudley's Zoning By-laws.

 

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 Dudley who fails to license as prescribed by this section and the laws of the Commonwealth, shall pay a late fee of Twenty-Five ($25.00) Dollars, commencing April 1.  Any owner of keeper of a dog failing to license by June 15th in any year shall be subject to a fine of Twenty-five ($25.00) Dollars per dog in addition to the license fee upon the complaint of the dog officer or Town Clerk.

 

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.

 

Section 4.  RABIES CONTROL

 

All dogs and cats owned by a resident of the Town of Dudley shall be properly vaccinated in accordance with Massachusetts General Laws Chapter 140 Section 145B.  Unvaccinated dogs and cats acquired or moved into the Town of Dudley shall be vaccinated within sixty (60) days or upon reaching the age of six (6) months, whichever occurs first.

 

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 Dudley shall be given the name, address, and phone number as to where the animal is going to be housed.

 

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.

 

Section 5.  MUZZLING DOGS

 

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.

 

Section 6.  IMPOUNDING, RELEASE AND DISPOSITION OF ANIMALS

 

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.

 

Section 7.  PERSON CONVICTED OF CRUELTY TO ANIMALS

 

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.

 

Section 8.  COMPLAINT OF DANGEROUS DOGS/EXCESSIVE BARKING

 

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.

 

Section 9.  WARRANT TO ANIMAL CONTROL OFFICERS

The provisions of M.G.L. Chapter 140, S. 153 are incorporated herein.

 

Section 10.  LIABILITY OF OWNER

 

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.

 

Section 11.  ENFORCEMENT/PENALTIES

 

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 Dudley.

 

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.

 

Section 12.  REDEMPTION OF DOGS

 

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.

 

Section 13.  ALTERNATE PROCEDURE UNDER M.G.L. CHAPTER 140, SECTION 173A

 

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.

 

Section 14.  DISCLAIMER/SEVERABILITY CLAUSE

 

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.

 

A.   1988    

 

 

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 Dudley. This action is authorized by

                        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.

 

 

1989; Rev. 1991; Section 4E declared invalid 1992

Rev. Section 3a, 3b 5/22/00

 

 

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.

 

A.    1991

 

 

 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 Dudley,

            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 Dudley or the

            Commonwealth of Massachusetts.

 

A.   1994

 

                         

 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 Dudley or his designated representative when dealing with

fire alarm issues.

6.      The term “Department” means the Town of Dudley Police Department or the

Town of Dudley Fire Department or any authorized agent thereof.

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 Dudley, the Dudley Police Department,  the Dudley Fire Department

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 Dudley and received by the Parking Clerk.

 

            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 Dudley that this enactment would have been adopted

            had such invalid provisions not been included therein.

   

A.       5/18/98

 

 

 ARTICLE XXXVII               STREET NUMBERING

 

            Street numbers shall be attached to each dwelling, business, industry and other

            buildings, which are not accessory in nature in the Town of Dudley.

 

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 Dudley Historical Commission

“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 Dudley, the Commonwealth of Massachusetts or the nation, or;

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.

 

12.10.00 Transferability of Permit

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)

 

DUDLEY FIRE DEPARTMENT

 

Section 1.                                Definitions

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.              Forest Warden

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

 

Section 1.                Definitions

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.” 

Section 2.                Establishment                      

                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”).

Section 3.                Function

                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.

Section 4.                Personnel; Appointing Authority

                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.

Section 5.                Head of Department

                The Department shall be headed by the Chief who shall be appointed by the Board of Selectmen.

Section 6.                Duties & Responsibilities of Fire Chief

                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.

Section 7.                Incident Authority of Fire Chief

                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.

Section 8.                Aid to Other Cities and Towns

                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 Dudley.

Section 9.                Fire Inspection

(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.

Section 10.              Excusing Uniform Members from Duty 

(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.

Section 11.              Off-Duty Employment of Uniform Members

                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.

Section 12.              Traffic Control by Uniform Members

                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.

Section 14.              Taking Department Property Out of the Town

                No property belonging to the Department shall be taken out of town limits unless by order of the Chief.

Section 15.              Forest Warden

                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.

Section 17.              Assistance and Responsibility

                (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.

Section 18.              Ambulance Service

                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.

Section 19.              Rules and Regulations

                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.

Section 20.              Effective Date and Transition

                                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 Dudley.  Any rules and regulations and policies of the Board of Fire Engineers shall continue in full force and effect, unless conflicting with this Bylaw, until superseded by policies and rules and regulations adopted under Section 6 and Section 19 of this Bylaw.

 

ARTICLE XLI                       INVESTMENT POLICY

 

TOWN OF DUDLEY

INVESTMENT POLICY

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 MASSACHUSETTS MUNICIPAL DEPOSITORY TRUST.

 

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

            U.S. GOVERNMENT AGENCIES                                                       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.