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Code
THE CODE OF THE TOWN OF ADAMS, MASSACHUSETTS
THE CHARTER, RELATED LAWS & THE GENERAL LAWS
OFFICE OF TOWN CLERK PAUL HUTCHINSON PREFACE
This volume constitutes a revision of the "first revision and codification of the general ordinances of the Town of Adams" done by the Michie City Publications Company in 1974. That initial volume contained the Charter, related laws and such of the bylaws of a general and permanent nature passed on or before June 10, 1974. This update contains the Charter, related laws and such of the bylaws of a general and permanent nature passed on or before the most recent town meeting. This work does not constitute a new codification, but is intended to incorporate by law amendments enacted since the 1974 codification in an "easy to find" format. There may be some contradictions contained herein because of newly enacted by laws replacing earlier by laws which were not formally rescinded by town meeting vote. The information was compiled by the Office of the Town Clerk during the summer of 1989 and updated in the summers of 1990, 1992, 1994, 1995, 1996, 1997 & 1998.

TABLE OF CONTENTS
        PART I  Page    
The Charter             4       
        PART II         
        RELATED ACTS            
Related Acts- Representative Town Meeting               5       
Related Acts - Selectman/Administrator Form of Government               13      
Related Acts - Department of Public Works               20      
        PART III                
Acceptance of Massachusetts Laws & Statutes             22      
        PART IV         
        THE CODE                
Chapter                 
1. General Provisions           31      
2. Administration               36      
3. Animals and Fowl             48      
4. Buildings            52      
5. Cemeteries           68      
6. Finance              70      
7. Garbage and Refuse           76      
8. Motor Vehicles and Traffic           80      
9. Offenses - Miscellaneous             83      
10. Personnel           86      
11. Police              89      
12. Sewers and Sewage Disposal          92      
13. Streets and Sidewalks               110     
14. Subdivision of Land                 116     
Index           118     
Zoning bylaws (separate) as amended                     
ADAMS TOWN CODE & RELATED BY LAWS - THE CHARTER
PART 1 THE CHARTER. (Province Laws 1778-1779, Chapter 20). 1
ss 1. How bounded.
ss 2. Warrants to issue for calling a meeting for the choice of town officers.
AN ACT FOR INCORPORATING THE PLANTATION CALLED EAST HOOSUCK, IN THE COUNTY OF BERKSHIRE, INTO A TOWN BY THE NAME OF ADAMS Whereas a number of the inhabitants of the plantation called East Hoosuck, in the County of Berkshire, have represented to this court the great difficulties and inconveniences they labor under in their present situation, and have earnestly requested that they may be incorporated into a town,
BE IT THEREFORE ENACTED BY THE COUNCIL AND HOUSE OF REPRESENTATIVES IN GENERAL COURT ASSEMBLED, AND BY THE AUTHORITY OF THE SAME,
Section 1. How Bounded.
That the said plantation, called East Hoosuck, bounded as follows; viz., begin[n]ing at the south-west corner, [at][of] a spruce-tree, marked T.D.,I.C.,O.P., and ND., 1749; from thence, runs north, ten degrees east, two thousand three hundred poles, to a white-oak tree marked ND.; thence, east, ten degrees south, sixteen hundred poles, to a beach-tree on the top of the East Mountain, marked ND.; thence, runs south; ten degrees west, two thousand three hundred poles, to a beach-tree with stones at the root, marked ND.; thence, runs west, ten degrees north, sixteen hundred poles, to the first mentioned bounds,-be and hereby is erected into a town by the name of Adams; and that the inhabitants thereof be, and they hereby are, invested with all the powers, privileges and immunities which the inhabitants of towns within this state do or may by law enjoy.
Section 2. Warrants to issue for calling a meeting for the choice of town officers.
That Col[onel] Joab Stafford be, and he hereby is, [i] [e]mpowered and directed to issue his warrant to some principal inhabitant of said town, requiring him to warn the inhabitants thereof to meet, at such time and place as shall be therein set forth, to choose all such officers as towns are, by law, required and [i] [e]mpowered to choose in the month of March, annually; at which said meeting all the then present inhabitants upwards of twenty-one years of age shall be admitted to vote.
1. Editor's note. - The Charter of the Town of Adams is presented here as enacted by the General Court. A frontal analysis and catchlines to the various sections have been added for the convenience of the user.
PART II
RELATED ACTS. 1
AN ACT ESTABLISHING IN THE TOWN OF ADAMS REPRESENTATIVE TOWN GOVERNMENT BY LIMITED TOWN MEETINGS. 2
ss 1. Established.
ss 1A. Division of town into voting precincts; precinct voting at elections.
ss 2. Representative town meetings - Membership; election; terms of office; tie votes; filling vacancies; notifying elected members.
ss 3. Same - Members; notice; quorum; adjourned meetings; compensation of members; resignation or removal of members.
ss 4. Same - Nomination of candidates.
ss 5. Same - Warrants for town meetings.
ss 6. Same - Moderator; moderator pro tempore.
ss 7. Same - Filling vacancies.
ss 8. Same - When votes to take effect; calling for general election upon petition; conduct and results of general election.
ss 9. Same - Town bound by meeting members; powers generally; force and effect of actions.
ss 10. Same - Rules.
ss 11. Same - Appointing committees.
ss 12. Applicability of act.
ss 13. Construction of act.
ss 14. Submitting act to voters.
ss 15. Acceptance or rejection of act.
Section 1. Established.
There is hereby established in the Town of Adams the form of representative town government by limited town meetings hereinafter set forth.
Section 1A. Division of town into voting precincts; precinct voting at elections.
Upon acceptance of this act by the Town of Adams, as hereinafter provided, the selectmen shall forthwith divide the territory thereof into not less than five or more than eight voting precincts, each of which shall be plainly designated and shall contain not less than eight hundred registered voters. All precincts shall contain approximately an equal number of registered voters. The precincts shall be so established as to consist of compact and contiguous territory, to be bounded as far as possible by the center line of known streets and ways or by other well defined limits. Their boundaries shall be reviewed, and, if need be, wholly or partly revised by the selectmen in October, once in five years, or in October of any year when so directed by a vote of a representative town meeting. The selectmen shall, within twenty days after any establishment or revision of the precincts, file a report of their doings with the town clerk, the registrars of voters and the assessors, with a map or maps or description of the precincts and the names and residences of the registered voters therein. The selectmen shall also cause to be posted in the town hall a map or maps or description of the precincts as established or revised from time to time, with the names and residences of the registered voters therein. They shall also cause to be posted in at least one public place in each precinct a map or description of that precinct with the names and residences of the registered voters therein. The division of the town into voting precincts and any revision of such precincts shall take effect upon the date of the filing of the report thereof by the selectmen with the town clerk. Whenever the precincts are established or revised, the town clerk shall forthwith give written notice thereof to the state secretary, stating the number and designation of the precincts. Meetings of the registered voters of the several precincts for elections, for primaries, and for voting upon any question to be submitted to all the registered voters of the town, shall be held on the same day and at the same hour and at such place or places within the town as the selectmen shall in the warrant for such meeting direct. The provisions of the general laws relating to precinct voting at elections, so far as the same are not inconsistent with this act, shall apply to all elections and primaries in the town upon the establishment of voting precincts as hereinbefore provided.
Section 2. Representative town meetings - Membership; election; terms of office; tie votes; filling vacancies; notifying elected members.
Other than the officers designated in section three as town meeting members at large, the representative town meeting membership shall in each precinct consist of the largest number divisible by three which will admit of a representation of all precincts by an equal number of members and which will not cause the total elected town meeting membership to exceed one hundred and fifty. The registered voters in every precinct shall, at a special election called for that purpose, to be held not sooner than thirty days after the establishment of precincts under this act, or at the first annual town election held after the establishment thereof, and at the first annual town election following any precinct revision where the number of precincts is changed, conformably to the laws relative to elections not inconsistent with this act, elect by ballot the number of registered voters in the precinct, other than the officers designated in section three as town meeting members at large, provided for in the first sentence of this section, to be town meeting members of the town. The first third in the order of votes received of members so elected shall serve three years, the second third in such order shall serve two years, and the remaining third in such order shall serve one year, from the day of the annual town meeting, or, in case such election is at a special meeting, from the next annual town meeting; in case of a tie vote affecting the division into thirds, as aforesaid, the members elected from the precinct shall by ballot determine the same; and thereafter, except as is otherwise provided herein, at each annual town election the registered voters of each precinct shall, in like manner, elect one third of the number of town meeting members to which that precinct is entitled for the term of three years, and shall at such election fill for the unexpired term or terms any vacancy or vacancies then existing in the number of town meeting members in their respective precincts. Upon every revision of the precincts where the number of precincts is changed, the terms of office of all town meeting members from every precinct shall cease upon the election of their successors. The town clerk shall, after every election of town meeting members, forthwith notify each member by mail of his election.
Section 3. Same - Members; notice; quorum; adjourned meetings; compensation of members; resignation or removal of members. 3
Any representative town meeting held under the provisions of this act, except as otherwise provided herein, shall be limited to the voters elected under section two, together with the following, designated as town meeting members at large, ex officiis; namely, any member of the general court of the commonwealth who is a registered voter of the town, the moderator, the town clerk, the town treasurer-collector, members of the board of selectmen and the chairman of the finance committee. It shall be the duty of the chairman of each board or committee of the town and the head of each town department to attend every representative town meeting. The town clerk shall notify the town meeting members of the time and place at which representative town meetings are to be held, the notices to be sent by mail at least seven days before the meeting. The town meeting members, as aforesaid, shall be the judges of the election and qualifications of their members. Eighty-five town meeting members shall constitute a quorum for doing business; but a less number may organize temporarily and may adjourn from time to time. Notice of every adjourned representative town meeting shall be posted by the town clerk in five or more public places in the town and he shall notify the members by mail of the adjournment at least twenty-four hours before the time of the adjourned representative town meeting. The notices shall state briefly the business to be acted upon at any meeting and shall include notice of any proposed reconsideration. All town meetings shall be public. The town meeting members as such shall receive no compensation. Subject to the conditions as may be determined from time to time by the representative town meeting, any voter of the town who is not a town meeting member may speak at any representative town meeting, but shall not vote. A town meeting member may resign by filing a written resignation with the town clerk, and such resignation shall take effect upon the date of such filing. No elected member whose official position entitles him to be a member at large shall act as a member at large during such times as he remains an elected member. A town meeting member who removes from the town shall cease to be a town meeting member and an elected town meeting member who removes from one precinct to another or is so removed by a revision of precincts shall not retain membership after the next annual election. (Ch. 560, Acts 1941; ch. 527, Acts 1970.)
Section 4. Same - Nomination of candidates.
Nomination of candidates for town meeting members to be elected under this act shall be made by nomination papers which shall bear no political designation, but to the name of a candidate for re-election there may be added the words "Candidate for Re-election." Nomination papers shall be signed by not less than ten registered voters of the precinct in which the candidate is nominated for office and filed with the town clerk at least ten days before the election. No nomination papers shall be valid in respect to any candidate unless his written acceptance is filed therewith.
Section 5. Same - Warrants for town meetings.
All articles in the warrant for every town meeting, so far as they relate to the election of the town moderator, town officers and town meeting members, and, as herein provided, to referenda and all matters to be acted upon and determined by ballot, shall be so acted upon and determined by the registered voters of the town in their respective precincts. All other articles in the warrant for any town meeting, beginning with the annual town meeting in the year when said town meeting members are first elected, or, if first elected at a special town meeting, beginning with the next annual town meeting thereafter, shall be acted upon and determined exclusively by town meeting members at a representative town meeting to be held at such time and place as shall be set forth by the selectmen in the warrant for the meeting, and subject to the referendum provided for by section eight.
Section 6. Same - Moderator pro tempore.
A moderator shall be elected by ballot at each annual town election, and shall serve as the moderator of all town meetings except as otherwise provided by law until his successor is elected and qualified. Nominations for moderator and his election shall be as in the case of other elective town officers, and any vacancy in such office may be filled by the town meeting members at a representative town meeting held for that purpose. If a moderator is absent, a moderator pro tempore may be elected by the town meeting members.
Section 7. Same - Filling vacancies.
In the event of any vacancy in the full number of elected town meeting members from any precinct the remaining elected members of the precinct may choose from among the registered voters thereof a successor to serve until the next annual town election. The town clerk may, and upon a petition therefor signed by not less than five elected town meeting members from the precinct shall, call a special meeting for the purpose of filling such vacancy and shall mail a notice thereof to the remaining elected members from the precinct specifying the object and the time and place of such meeting which shall be held not less than four days after the mailing of such notice. At such meeting a majority of such members shall constitute a quorum and shall elect from their own number a chairman and a clerk. The election to fill such vacancy shall be by ballot and a majority of the votes cast shall be required for a choice. The clerk shall forthwith file with the town clerk a certificate of such election, together with a written acceptance by the member so elected, who shall thereupon be deemed elected and qualified as an elected town meeting member, subject to the provisions of section three respecting the election and qualifications of elected town meeting members.
Section 8. Same - When votes to take effect; calling for general election upon petition; conduct and results of general election.
A vote passed at any representative town meeting authorizing the expenditure of twenty thousand dollars or more as a special appropriation, or establishing a new board or office or abolishing an old board or office or merging two or more boards or offices, or fixing the term of office of town officers, where such term is optional, or increasing or reducing the number of members of a board, or adopting a new by-law, or amending an existing by-law, shall not be operative until after the expiration of five days, exclusive of Sundays and holidays, from the dissolution of the meeting. If, within said five days, a petition, signed by not less than five per cent of the registered voters of the town, containing their names and addresses as they appear on the list of registered voters, is filed with the selectmen asking that the question or questions involved in such a vote be submitted to the registered voters of the town at large, then the selectmen, after the expiration of five days, shall forthwith call a special meeting for the sole purpose of presenting to the registered voters at large the question or questions so involved. The polls shall be opened at two o'clock in the afternoon and shall be closed not earlier then eight o'clock in the evening, and all votes upon any questions so submitted shall be taken by ballot, and the check list shall be used in the several precinct meetings in the same manner as in the election of town officers. The questions so submitted shall be determined by a majority vote of the registered voters of the town voting thereon, but no action of the representative town meeting shall be reversed unless at least twenty per cent of the registered voters shall so vote. Each question so submitted shall be in the form of the following question, which shall be placed upon the official ballot: - "Shall the town vote to approve the action of the representative town meeting whereby it was voted (brief description of the substance of the vote)?" If such petition is not filed within said period of five days, the vote of the representative town meeting shall become operative and effective upon the expiration of said period.
Section 9. Same - Town bound by meeting members; powers generally; force and effect of actions.
The Town of Adams, after the acceptance of this act, shall have the capacity to act through and be bound by its said town meeting members who shall, when convened from time to time as herein provided, constitute representative town meetings, and the representative town meetings shall exercise exclusively, so far as will conform to the provisions of this act, all powers vested in the municipal corporation. Action in conformity with all provisions of law now or hereafter applicable to the transaction of town affairs in town meetings shall, when taken by any representative town meeting in accordance with the provisions of this act, have the same force and effect as if such action had been taken in a town meeting open to all the voters of the town as heretofore organized and conducted.
Section 10. Same - Rules.
The representative town meeting may make such rules consistent with general law as may be considered necessary for conducting its meetings.
Section 11. Same - Appointing committees.
The representative town meeting may appoint such committees of its members for investigation and report as it may consider necessary.
Section 12. Applicability of act.
All by-laws or parts of by-laws of the town inconsistent with the provisions of this act are hereby repealed. The provisions of chapter forty-four of the General Laws shall continue to apply in the Town of Adams notwithstanding the provisions of this act.
Section 13. Construction of act.
This act shall not abridge the right of the inhabitants of Adams to hold general meetings, as that right is secured to them by the constitution of this commonwealth; nor shall this act confer upon any representative town meeting in Adams the power finally to commit the town to any measure affecting its municipal existence or changing its government, without action thereon by the voters of the town at large, using the ballot and the check list therefor.
Section 14. Submitting act to voters.
This act shall be submitted to the registered voters of the Town of Adams at any annual town meeting. The vote shall be taken by ballot in accordance with the provisions of the General Laws, so far as the same shall be applicable, in answer to the question, which shall be placed upon the official ballot to be used for the election of town officers: "Shall an act passed by the General Court in the year nineteen hundred and thirty-five, entitled 'An Act establishing in the Town of Adams representative town government by limited town meetings,' be accepted by this town?" This act shall take effect upon its acceptance by a majority of the voters voting thereon.
Section 15. Acceptance or rejection of act.
If this act is rejected by the registered voters of the Town of Adams when submitted to said voters under section fourteen, it may again be submitted for acceptance in like manner from time to time to such voters at any annual town meeting in said town within three years thereafter, and, if accepted by a majority of the voters voting thereon at such a meeting, shall thereupon take effect. Approved May 1, 1935.
AN ACT MAKING THE CHAIRMAN OF THE PERSONNEL BOARD A TOWN MEETING MEMBER, EX OFFICIO, IN THE TOWN OF ADAMS. 4 *
ss 1. Designated.
Section 1. Designated.
The chairman of the personnel board of the Town of Adams shall be a town meeting member, ex officio, of said town, not withstanding any provision of said town's charter to the contrary.
1. Editor's note. - The Acts set out in this Part remain as derived from the cited acts. A uniform system of capitalization has been utilized and a frontal analysis has been added for the convenience of the user.
2. Editor's note. - The act hereafter set out is contained in ch. 235, Acts of 1935. Acts amending such acts are cited following the affected section.
3. Editor's note. - Ch. 156, Acts of 1970, set out following this act, make the chairman of the personnel board a member of the town meetings also.
4. Editor's note. - The act hereafter set out is contained in ch. 156, Acts 1970. A uniform system of capitalization has been employed and a frontal analysis added for the convenience of the user. * (5-30-89 art. 58 - establishes new personnel bylaws and eliminates former bylaws including personnel board)
AN ACT ESTABLISHING A SELECTMEN-ADMINISTRATOR FORM OF GOVERNMENT IN THE TOWN OF ADAMS
Section 1. Upon acceptance of this act by the town of Adams, as hereinafter provided, the town shall be governed by the provisions of this act. To the extent that the provisions of this act modify or repeal existing general laws and special acts or that body of law which constitutes the town charter under Section 9 of Article LXXXIX of the Amendments to the Constitution of the Commonwealth, this act shall govern.
Section 1A. Following acceptance of this act, as hereinafter provided, the voters of the town of Adams shall, in accordance with any applicable general or special law or by-law or vote of the town, continue to elect the following: - (a) town meeting members (b) moderator (c) Board of Selectmen (d) library trustees (e) representatives to the Adams-Cheshire Regional School District Committee (f) representatives to the Northern Berkshire Regional Vocational School Committee (g) redevelopment authority (h) housing authority (i) town clerk (j) assessor (k) board of health (l) cemetery commissioner (m) park commissioner (n) planning board member (o) treasurer-collector The acceptance of this act shall not affect the term of office of any such elected official or elected member of such board, committee or authority. Every other elective office, board, committee, or commission of the town shall become appointive as hereinafter provided, any other provision of law to the contrary notwithstanding. The term of office of any person elected to any office, board, committee or commission existing as an elected office at the time of the acceptance of this act and having become appointive hereunder, shall continue until the term for which that person was elected shall have expired, and until the appointment and qualification of his successor. The powers, duties and responsibilities of elected officials shall be as now or hereafter provided by applicable provisions of any general law or special law or by-law or vote of the town, except as otherwise expressly provided herein. Notwithstanding the election by the voters of the town of the officers named in this section, such officers shall be available to the administrator for consultation, conference and discussion on matters relating to their respective offices.
Section 2. The board of selectmen shall consist of five members elected by the voters of the town. At the first annual election after acceptance of this act by the town, there shall be elected three selectmen, one for three years, one for two years, one for one year term. At each annual election thereafter, there shall be elected one or two selectmen such as to maintain a five member board. Those selectmen in office at the time of the approval of this act shall serve until the terms for which they were elected shall have expired.
Section 3. The board of selectmen shall appoint the members of all multi-member boards, committees and commissions except those appointed by the moderator and the town administrator as herein provided. The moderator shall appoint the finance committee, the personnel board, and such committees and officers as he may now or hereafter be directed to appoint by any applicable general or special law or by-law or vote of the town.
Section 4. A member of the board of selectmen, or of the finance committee shall during the term for which he was elected or appointed, be ineligible either by election or appointment to hold any other town office, other than that of town meeting member. Any person appointed by the town administrator to any town office under the provisions of this act or of any general or special law shall be eligible during the term of said office to appointment to any other town office, except that the town accountant shall not be eligible to hold the position of town treasurer/collector. The town administrator, subject to any applicable provision of the General Laws relating thereto, may assume the duties of any office which he is authorized to fill by appointment.
Section 5. The selectmen elected as provided herein shall appoint as soon as practicable, for a three year term, a town administrator who shall be a professionally qualified person especially fitted by education, training and previous full-time experience to perform the duties of the office. The town administrator shall be appointed without regard to his political designation. He shall be a citizen of the United States and, although he need not be a resident of the town or of the commonwealth when appointed, shall become a resident of the town during the first year of his appointment unless otherwise provided by the board of selectmen. He shall have a college degree at the bachelor level and shall have had three years of full-time paid experience in a supervisory administrative position. A masters degree may substitute for not more than two years of such paid experience. No person holding elective office in the town with the exception of town meeting members shall, within three years of holding such office, be eligible for appointment as town administrator. The town administrator may be appointed for successive terms of office. Before entering upon the duties of his office, he shall be sworn, in the presence of a majority of the selectmen, to the faithful and impartial performance thereof by the town clerk or a notary public. He shall execute a bond in favor of the town for the faithful performance of his duties in such sum and with such sureties as may be fixed or approved by the selectmen, the cost for which shall be borne by the town.
Section 6. Any vacancy in the office of town administrator shall be filled as soon as possible by the board of selectmen. Pending the appointment of a town administrator or the filling of any vacancy, the board of selectmen shall, within seven days, appoint a suitable person to perform the duties of the office.
Section 7. The town administrator may designate, subject to the approval of the board of selectmen, by letter filed with the town clerk, a qualified officer of the town to perform his duties during his temporary absence or disability. In the event of failure of the administrator to make such designation, the board of selectmen may, by resolution, designate an officer of the town to perform the duties of the administrator until he shall return or his disability shall cease.
Section 8. The board of selectmen, by a four-fifths vote, may remove the town administrator. At least thirty days before such proposed removal shall become effective, the selectmen shall file a written preliminary resolution of removal with the town clerk setting forth in detail the specific reasons for the proposed removal, a copy of which resolution shall be delivered to the town administrator. The administrator may, within ten days of service of such resolution, reply in writing to the resolution and may request a public hearing. Service shall be deemed to have been accomplished by leaving a copy of such resolution at the administrator's last known abode. If the administrator so requests, the board of selectmen shall hold a public hearing not earlier than twenty days nor later than thirty days after the filing of such request. After such public hearing, if any, otherwise at the expiration of thirty days following the filing of the preliminary resolution, and after full consideration, the selectmen, by a four-fifths vote of the full membership of the board, may adopt a final resolution of removal. In the preliminary resolution, the selectmen may suspend the administrator from duty, but in any case his salary shall continue to be paid during the period of consideration of the preliminary resolution and until the vote on the final resolution.
Section 9. The town administrator shall receive such compensation for his services as the board of selectmen shall determine but it shall not exceed the amount appropriated therefor by the town.
Section 10. The town administrator shall appoint all other town officials whose appointment or election is not specifically provided for herein. The town administrator shall appoint with majority approval of the board of selectmen, and may remove with the majority approval of the board of selectmen, subject to the provisions of chapter thirty-one of the General Laws where applicable, all department heads, all officers and all subordinates and employees for whom no other method of appointment is provided in this act, except persons serving under other elected agencies and appointments made by representatives of the commonwealth. Appointments to permanent positions made by the town administrator shall become effective on the fifteenth day following the day notice of appointment is filed with the board of selectmen, unless the board of selectmen shall, within that period, by a majority vote of the board, vote to reject any such appointment.
Section 11. In addition to specific powers and duties provided in this act, the town administrator shall have the general powers and duties enumerated in this section: -
(a) The town administrator shall supervise and be responsible for the efficient administration of all departments, commissions, boards and offices, except the board of selectmen. He shall not, however, exercise any control over the discretionary power vested by statute in any such board, committee, commission or officer.
(b) The town administrator, with the approval of the board of selectmen and in accordance with the provisions of this act and the General Laws, may reorganize, consolidate or abolish departments, commissions, boards or offices under his direction and supervision, in whole or in part, may establish such new departments, commissions, boards or offices as he deems necessary, and may transfer the powers and duties of one department, commission, board or office to another.
(c) Except as otherwise provided by this act, the town administrator shall appoint upon merit and fitness alone, and, subject to the provisions of chapter thirty-one of the General Laws where applicable, may remove all officers and employees of the town; town officers and employees not subject to the provisions of said chapter thirty-one shall not be removed by him except on ten days notice in writing, setting forth the cause of such removal.
(d) The town administrator shall attend all regular meetings of the board of selectmen except meetings at which his removal is being considered.
(e) The town administrator shall keep full and complete records of his office, and shall render as often as may be required by the selectmen, a full report of all operations during the period reported on.
(f) The town administrator shall keep the selectmen fully advised as to the needs of the town and shall recommend to the selectmen for adoption such measures requiring action by them or by the town as he may deem necessary or expedient.
(g) The town administrator shall have jurisdiction over the rental and use of all town property and shall be responsible for the maintenance and repair of all town buildings. He shall be responsible for the preparation of plans and the supervision of construction, reconstruction, alterations, improvements and other undertakings authorized by the town unless otherwise assigned by the town meeting.
(h) The town administrator shall be responsible for the purchase of all supplies and materials and equipment, except books and other media for the library, and shall approve the award of all contracts for all departments of the town. He shall make purchases for departments not under his supervision only upon and in accordance with requisitions duly signed by the heads of such departments.
(i) The town administrator shall administer either directly or through a person or persons appointed by him in accordance with this act, all provisions of general and special laws applicable to the town, all by-laws and votes of the town, and all regulations established by the board of selectmen.
(j) The town administrator shall, with the approval of the board of selectmen, have authority to prosecute, defend, or compromise all litigation to which the town is party, and shall be the executive officer of a public employer in the town as defined in section one of chapter two hundred and fifty-eight of the General Laws pertaining to the processing of claims against the town.
(k) The town administrator shall be the agent of the board of selectmen for collective bargaining and may employ special counsel to assist him in the performance of these duties.
(l) The town administrator shall attend all town meetings and shall be permitted to speak when recognized by the moderator.
(m) The town administrator shall be responsible for the implementation of town meeting votes and shall report annually in writing to the town meeting on the status of prior town meeting votes on which implementation is not complete.
(n) The town administrator shall be accessible and available for consultation to chairmen of boards, committees and commissions of the town, whether appointed or elected, and shall make accessible and available to them all such data and records of his office as may be requested in connection with their official duties.
(o) The town administrator shall perform such other duties consistent with his office as may be required of him by the by-laws of the town or by the vote of the board of selectmen or town meeting.
Section 12. The town administrator may without notice cause the affairs of any division or department under his supervision or the job-related conduct of any officer or employee thereof to be examined. The town administrator shall have access to all town books and papers for information necessary for the proper performance of his duties.
Section 13. The town administrator shall be the chief fiscal officer of the town. Warrants for the payment of town funds prepared by the town accountant in accordance with the provisions of section fifty-six of chapter forty-one of the General Laws shall be submitted to the town administrator. The approval of any such warrant by the town administrator shall be sufficient authority to authorize payment by the town treasurer but the selectmen shall approve all warrants in the event of a vacancy in the office of town administrator.
Section 14. At least ninety days prior to the annual town meeting, the town administrator shall submit to the board of selectmen a detailed estimate in writing of the probable expenditures of the town government for the ensuing fiscal year, stating the amount required to meet the interest and maturing bonds and notes or other outstanding indebtedness of the town, and showing specifically the amount necessary to be provided for each fund and department, together with a statement of the expenditures of the town for the same purposes in the preceding year and an estimate of the expenditures for the current year. He shall also submit a statement showing all revenues received by the town in the preceding fiscal year together with an estimate of the receipts of the current year and an estimate of the amount of income from all sources of revenue exclusive of taxes upon property in the ensuing year. He shall report the probable amount required to be levied and raised by taxation to defray all expenses and liabilities of the town together with an estimate of the tax rate necessary to raise said amount. For the purpose of enabling the town administrator to make up the annual estimates of expenditures, all boards, officers, and committees of the town shall, at least one hundred and twenty days prior to the annual town meeting, furnish all information in their possession and submit to him in writing a detailed estimate of the appropriations required for the efficient and proper conduct of their respective departments during the next fiscal year.
Section 15. The board of selectmen shall consider the tentative budget submitted by the town administrator and make such recommendations relative thereto as they deem expedient and proper in the interests of the town. On or before the seventy-fifty day prior to the annual town meeting, the board of selectmen shall transmit a copy of the budget, together with their recommendations relative thereto, to each member of the finance committee.
Section 16. All laws, by-laws, votes, rules and regulations, whether enacted by authority of the town or any other authority, which are in force in the town of Adams on the effective date of this act, or any portion or portions thereof, not inconsistent with the provisions of this act, shall continue in full force and effect until otherwise provided by other laws, by-laws, votes, rules and regulations, respectively. All other laws, by-laws, votes, rules and regulations so far as they refer to the town of Adams, are hereby suspended but such suspension shall not revive any preexisting enactment.
Section 17. No contract existing and no action at law or suit in equity, or other proceeding pending at the time this act is accepted, or at the time of revocation of such acceptance, shall be affected by such acceptance or revocation, except that upon revocation any contract made by the town with the town administrator then in office shall be terminated immediately upon such vote.
Section 18. Any person holding a town office or employment under the town shall retain such office or employment and shall continue to perform his duties until provisions shall have been made in accordance with this act for the performance of the said duties by another person or agency. No person in the permanent full-time service or employment of the town shall forfeit his pay grade or time in service. Each such person shall be retained in a capacity as similar to his former capacity as is practical.
Section 19. This act shall be submitted for acceptance to the voters of the town of Adams at the annual town meeting to be held in the year nineteen hundred and eighty-three in the form of the following question, which shall be placed upon the official ballot to be used for the election of town officers at said meeting: - "Shall an act passed by the General Court in the year nineteen hundred and eighty-three, entitled 'An Act establishing a Selectmen-Administrator form of government in the Town of Adams', be accepted?" If a majority of the votes in answer to said question is in the affirmative, said act shall take effect but not otherwise. If this act is not accepted in the year nineteen hundred and eighty-three, it shall again be submitted at the annual town meeting in the year nineteen hundred and eighty-four, and if accepted shall take full effect but not otherwise. Footnote: The act hereafter set out is contained in Chapter 31, Acts of 1983. Voted to Accept - May 2, 1983
AN ACT ESTABLISHING A DEPARTMENT OF PUBLIC WORKS IN THE TOWN OF ADAMS
Section 1. There is hereby established in the town of Adams a department of public works, which shall have all the powers and duties now vested by the General Laws and town by-laws in the highway department, cemetery department, parks department, wastewater treatment plant and the office of tree warden. Upon acceptance of this act by the said town, as hereinafter provided, the aforesaid departments are hereby abolished and their powers and duties shall be transferred to and shall be under the direction of the department of public works.
Section 2.
(a) The department of public works shall consist of a director appointed by the board of selectmen.
(b) Said director shall be a person qualified by education and experience and shall be responsible for the operational and administrative functions of the department of public works in accordance with a job description to be developed by said town.
(c) The salary of said director and his term of office shall be determined by said board of selectmen, subject to appropriation by the town meeting.
(d) Said director shall hold office subject to the will of said board. Section 3. The department of public works shall consist of the following four divisions: (i) equipment and maintenance, (ii) highways, (iii) parks and grounds, including the cemetery, and (iv) wastewater treatment. (1) The division of equipment and maintenance shall consist of a chief mechanic and such additional personnel as said director deems necessary. (2) The division of highways shall consist of a foreman and such additional personnel as said director deems necessary. (3) The division of parks and grounds shall consist of a foreman a clerk and a tree warden and such additional personnel as said director deems necessary. (4) The division of wastewater treatment shall consist of a superintendent and such additional personnel as said director deems necessary.
Section 4. All equipment owned by the town of Adams, and under the control of the highway, parks, cemetery, wastewater treatment plant and tree warden shall, upon acceptance of this act, be under the control and supervision of the department of public works.
Section 5. Upon acceptance of this act, the board of selectmen shall prepare and provide proper job descriptions for employees of the department of public works.
Section 6. There is hereby established in the town of Adams a cemetery commission and a parks and playground commission which shall serve said town as advisory commissions; provided however, that the cemetery commission shall also control the care and expenditure of perpetual care funds as provided in chapter eighty-five of the acts of nineteen hundred and thirty-four. The members of said commissions shall be elected in the manner in which the cemetery commission and parks and playground commission in effect in said town prior to the acceptance of this act are elected and the present members of said commissions shall be members of said commissions in office on said date of acceptance of this act and shall serve until their successors are elected.
Section 7. Notwithstanding the provisions of section one, the incumbent tree warden on the date this act is accepted by the town of Adams shall continue to perform all the functions of said office until the expiration of the term for which he was elected.
Section 8. This act shall be submitted for acceptance to the voters of the town of Adams at the annual town meeting to be held in the year nineteen hundred and eighty-three in the form of the following question, which shall be placed upon the official ballot to be used for the election of town officers at said meeting: "Shall an act passed by the general court in the year nineteen hundred eighty-three, entitled 'An Act establishing a department of public works in the town of Adams', be accepted?" If a majority of the voters in answer to said question is in the affirmative, this act shall take effect, but not otherwise except as provided hereafter. If this act is rejected when so submitted, it shall again be submitted at the annual town meeting in the year nineteen hundred and eighty-four and if accepted, shall take effect as heretofore provided. If this act is again rejected after having been submitted for the second time, it shall not be submitted again and shall not take effect. Footnote: The act hereafter set out is contained in Chapter 34, Acts of 1983. Voted to Accept - May 2, 1983
Laws of the commonwealth accepted by the town.
Subject Reference       Date    Where Located   
Adoption of code concerning truant children     Acts, 1873 - ch. 262    April 14, 1879  Bk. 1 - Pg. 49 . Art. 12        
Ballots, printing and distributing      Acts, 1890 - ch. 386    February 14, 1891       Bk. 1 - Pg. 490 . Art. 2        
Assessors of taxes, election and term   Public Statutes ch. 27, sec. 65;amended by Acts, 1883 ch. 203 and amended by three . other acts March 28, 1892 (took effect 1893)       Bk. 1 - Pg. 538 . Art. 23       
Plumbing and drainage of buildings, regulations for     Acts, 1893 rules and ch. 477    March 26, 1894  Bk. 2 - Pg. 13 . Art. 13        
Eight-hour day for certain town employees       Revised Laws ch. 106, sec. 20   April 12, 1902  Bk. 2 - Pg. 257 . Art. 14       
Public playgrounds, provide and maintain        Acts, 1908 ch. 513      April 5, 1909   Bk. 2 - Pg. 417 . Art. 13       
Relating to watering of public streets  Revised Laws, ch. 25, sec. 22 and amendments    April 4, 1910   Bk. 2 - Pg. 444 . Art. 11       
Compensation for injuries sustained by certain public employees         Acts, 1913 ch. 807      March 2, 1914   Bk. 2 - Pg. 583 . Art. 6        
Promotion of call men in fire department        Acts, 1913 ch. 487      March 2, 1914   Bk. 2 - Pg. 584 . Art. 7        
Eight-hour day for town employees       Acts, 1909 ch. 514, sec. 42 as affected by Acts, 1911 ch. 494   March 2, 1914   Bk. 2 - Pg. 584 . Art. 8        
Licensing of motor vehicles carrying passengers for hire        Acts, 1916 ch. 293      September 6, 1919       Bk. 3 - Pg. 209 . Art. 2        
Regulating and controlling certain sports and games on Sunday   Acts, 1920 ch. 240      May 20, 1920    Bk. 3 - Pg. 241 . Art. 2        
Boxing Laws     G.L., ch. 147 secs. 32-47       April 26, 1924  Bk. 3 - Pg. 391 . Art. 10       
Sunday Sports   G.L., ch. 136 secs. 21-25       March 4, 1929   Bk. 4 - Pg. 62  
Town Moderator, election and duties of  G.L., ch. 39 sec. 14    March, 1931     Bk. 4 - Pg. 149. Art. 28        
Paying wages and salaries to town militia       Acts & Resolves 1930, ch. 157   March 14, 1931  Bk. 4 -Pg. 156 . Art. 17        
Taking of fur-bearing mammals by use of traps-suspended         G.L., ch. 131 sec. 105C         March, 1935     Bk. 4 - Pg. 332 . Art. 20       
Town accountant, appointment, and office of auditor abolished   G.L., ch. 41 sec. 55    March 16, 1935  Bk. 4 - Pg. 338 . Art. 18       
An act establishing in the Town of Adams representative town government by limited town meetings        Acts, 1935 ch. 235      March 2, 1936   Bk. 4- Pg. 363  
Cemetery commission to manage cemeteries        G.L., ch. 114 secs. 22-25; as amended by Acts, Art. 1 . 1934,   June 29, 1937   Bk. 4 - Pg. 453 . ch. 85        
Sexton, appointment     G.L., ch. 41 sec. 4A    March 26, 1938  Bk. 5 - Pg. 38 . Art. 32        
Chairman of board of cemetery commissioners, to be town meeting member at large         Acts, 1939 ch. 202      March 4, 1940   Bk. 5 - Pg. 169         
Nomination of candidates for town officers by town caucus       G.L., ch. 53 sec. 121   March 30, 1940  Bk. 5 - Pg. 192 . Art. 41       
Police department, members excused from duty without loss of pay        G.L., ch. 147 secs. 16B, 17     March 22, 1941  Bk. 5 - Pg. 306 . Art. 26       
Janitors of schools, inclusion within classified civil service  G.L., ch. 31 sec. 4     March 22, 1941  Bk. 5 - Pg. 306 . Art. 27       
Permitting certain places of business to keep open on Sunday    G.L., ch. 136 secs. 7,8 as amended      March 22, 1941  Bk. 5 - Pg. 306 . Art. 31       
Reserve police force, establishment and appointments thereto subject to civil service   G.L., ch. 147 secs. 13A, 13C    October 14, 1941        Bk. 5 Pg. 327 Art. 15   
An act authorizing the Town of Adams to reduce the number of town meeting members required for doing business in said town      Acts, 1941 ch. 560      March 2, 1942   Bk. 5 Pg. 353 .         
Town constables, appointment by board of selectmen      G.L., ch. 41    March, 1946     Bk. 6 Pg. 44 Art. 38    
Board of park commissioners, election   G.L., ch. 45 sec. 14    March 17, 1947  Bk. 6 Pg. 145 Art. 46   
Increase pension allowances certain retired town employees      Acts, 1947 ch. 615      March 15, 1948  Bk. 6 Pg. 230 Art. 31   
Increase pension or retirement allowances former town employees         Acts, 1948 ch. 588      March 7, 1949   Bk. 6 Pg. 296   
Town wire inspector, salary and appointment by board of selectmen       Acts, 1949 ch. 529      March 20, 1950  Bk. 6 Pg. 405 Art. 39   
Provide permanent tenure for I. Audrey Louison, the present town clerk  G.L., ch. 41 sec. 19B   March 5, 1951   Bk. 6 Pg. 498   
Providing certain increases in retirement pensions      Acts, 1951 ch. 781      March 17, 1952  Bk. 6 Pg. 587 Art. 35   
Police force - five-day week    Acts, 1951 ch. 346      March 17, 1952  Bk. 6 Pg. 589 Art. 46   
Relating to assessment for construction, maintenance and repair of domestic sewers installed in streets not presently containing such sewers    G.L., ch. 83    March 17, 1952  Bk. 6 Pg. 589 Art. 48   
Personnel board, appointment and classification and pay plan for certain positions      Acts, 1948 ch. 351      March 15, 1954  Bk. 7 Pg. 152 Art. 39   
Civil service   G.L., ch. 31 sec. 49A   March 7, 1955   Bk. 7 Pg. 279   
Contribute to payment of premiums on group life insurance policies for certain town employees   G.L., ch. 40 sec. 5, cl. 44     March 21, 1955  Bk. 7 Pg. 301 Art. 39   
Authorizing town to provide insurance for certain persons in service of town and their dependents       G.L., ch. 32B   March 5, 1956   Bk. 7 Pg. 398   
Provide unlimited tenure for Joseph T. Satko, present town accountant   Acts, 1937 ch. 5 secs. 1-2      March 4, 1957   Bk. 8 Pg. 38    
Snow removal from private ways  G.L., ch. 40 sec. 6C    March 4, 1957   Bk. 8 Pg. 39    
Bicycle registration and operation      G.L., ch. 85 sec. 11A   March 18, 1957  Bk. 8 Pg. 99 . Art. 67  
Stabilization fund established  G.L., ch. 40 sec. 5B    March 17, 1958  Bk. 8 Pg. 223 . Art. 17         
Planning Board established      G.L., ch. 41 sec. 81A   March 17, 1958  Bk. 8 Pg. 231 Art. 51   
Providing for establishment of a regional school district by the City of North Adams and the Towns of Adams, Williamstown, Clarksburg, Florida, Savoy, Monroe, Heath and Charlemont     Act of Gen. Court, 1958         November 3, 1959        Bk. 8 Pg. 479   
Dancing school licenses         Acts, 1939 Ch. 253; G.L., ch. 140, sec. 185H    November 14, 1960       Bk. 9 Pg. 278 Art. 11   
Purchasing uniforms for police department       G.L., ch. 40 sec. 6B    March 20, 1961  Bk. 9 Pg. 363 Art. 29   
Inspector of gas piping and gas appliances, appointment and term        G.L., ch. 143 sec. 30 enacted by legislature in 1960    March 20, 1961  Bk. 9 Pg. 383 Art. 2    
Urban renewal program needed    G.L., ch. 12K sec. 26XX         March, 1962     Bk. 10 Pg. 29 Art. 38   
Redevelopment authority needed  G.L., ch. 121 sec. 26QQ March, 1962     Bk. 10 Pg. 29 Art. 39   
Subdivision control laws        G.L., ch. 41 secs. 81K-81GG     March, 1963     Bk. 10 Pg. 238 Art. 33  
Permit purchase of certain items of footwear and clothing       Acts, 1964,ch. 90 amending G.L., ch, 40         March 22, 1965  Bk. 11 Pg. 109 Art. 82  
Establishment of regional school district together with Town of Cheshire        G.L., ch. 71 secs. 16-16I       March 7, 1966   Bk. 11 Pg. 178  
Membership in Berkshire County Planning District        G.L., ch. 40B   March 28, 1966  Bk. 11 Pg. 231 Art. 54  
Chief of police, compensation for holiday service       Acts, 1965 ch. 786      March 28, 1966  Bk. 11 Pg. 232 Art. 57  
Authority of board of selectmen to issue winter seasonal liquor licenses        G.L., ch. 138 sec. 17   March 28, 1966  Bk. 11 Pg. 233 Art. 61  
Council on Aging        G.L., ch. 40 sec. 8B    July 25, 1966   Bk. 11 Pg. 256 Art. 2   
Common sewers, rules and regulations for use    G.L., ch. 83 sec. 10    October 31, 1967        Bk. 11 Pg. 434 Art. 5   
Housing authority established   G.L., ch. 121 sec. 26K as amended       March 25, 1968  Bk. 12 Pg. 114 Art. 45  
Industrial development financing authority established  Acts, 1967 ch. 772      March 25, 1968  Bk. 12 Pg. 115 Art. 46  
Permit board of selectmen to establish certain traffic regulations relative to clearing of streets during snow plowing operations       G.L., ch. 40 sec. 22D   December 8, 1969        Bk. 12 Pg. 123 Art. 1   
Traffic regulations     G.L., ch. 90 sec. 18A   May 27, 1970    Bk. 12 Pg. 111 . Art. 4         
Parking regulations     G.L., ch. 90 sec. 20C   June 4, 1973    Bk. 13 Pg. 512 . Art. 8 
Transfer of railroad bridge at Grove Street to Commonwealth     Acts 1971 ch. 634       June 4, 1973    Bk. 13 Pg. 512 Art. 7   
Advanced vacation pay   G.L., ch. 44 sec. 65    June 10, 1974   Bk. 14 Pg. 141 Art. 2   
Insurance       G.L., ch. 32B sec. 7A   January 3, 1978         Bk. 15 Pg. 104 . Art. 4         
Insurance       G.L., ch. 32B sec. 9E   January 3, 1978         Bk. 15 Pg. 105 . Art. 5         
Educational incentive, police department        G.L., ch. 41 sec. 108L  September 10, 1979      Bk. 15 Pg. 407 Art. 48  
Selectmen - Administrator form of government    G.L., ch. 31 Acts, 1983 May 2, 1983     Bk. 16 Pg. 94 Q. 1      
Establishment of department of public works     G.L., ch. 34 Acts, 1983         May 2, 1983     Bk. 16 Pg. 94 Q. 2      
To advertise Adams      G.L., ch. 40 sec. 6A    September 10, 1984      Bk. 16 Pg. 275 . Art. 4         
Equal education grant, professional development grant, minimum teacher salaries G.L., ch. 188 Acts, 1985 secs. 12, 13, 16       October 7, 1985         Bk. 16 Pg. 392 Art.1, 2, & 3    
Property tax reduction (low income/elderly)     G.L., ch. 59 sec. 5 cl. 17C     May 27, 1986    Bk. 16 Pg. 474 Art. 49  
Equal education opportunity grant       G.L., ch. 188 Acts, 1985        May 27, 1986    Bk. 16 Pg. 474 Art. 46  
Improving public schools of the commonwealth    G.L., ch. 188 sec. 12 Acts, 1985        May 26, 1987    Bk. 16 Pg. 658 Art. 45  
Establishment of town scholarship fund  G.L., ch. 194 Acts, 1986        May 26, 1987    Bk. 16 Pg. 659 Art. 46  
Regulating the payment of certain taxes in certain districts    G.L., ch. 59 sec. 57A Acts, 1985        May 26, 1987    Bk. 16 Pg. 659 Art. 47  
Granting or renewing certain licenses and and permits   G.L., ch. 40 sec. 57 as amended by ch. 640, Acts, 1985  May 26, 1987    Bk. 16 Pg. 659 Art. 48  
Improving public schools of the commonwealth    G.L., ch. 188 sec. 12 Acts, 1985        May 31, 1988    Bk. 17 Pg. 59 Art. 40   
Payment of property taxes       G.L., ch. 59 sec. 57B as amended by ch. 402, Acts, 1987 May 31, 1988    Bk. 17 Pg. 60 Art. 41   
Enhancing the teaching profession and recognizing educational achievement       G.L., ch. 71 sec. 40 as amended by sec. 10 of ch. 727, Acts, 1987       October 3, 1988         Bk. 17 Pg. 107 Art. 8   
Improving public schools of the commonwealth    G.L., ch. 188 sec. 12 Acts, 1985        May 30, 1989    Bk. 17 Pg. 181 Art. 47  
Payment of public employees by direct bank credit       G.L., ch. 41 sec. 41B as amended        May 30, 1989    Bk. 17 Pg. 181 Art. 48  
Workmen's compensation of certain elected and appointed officials       G.L., ch. 152 sec. 69 as amended        May 30, 1989    Bk. 17 Pg. 181 Art. 50  
Establishing a stabilization fund by adding regional school districts   G.L., ch. 225 ch. 71, sec. 16G 1/2 to G.L. Acts, 1988   May 30, 1989    Bk. 17 Pg. 181 Art. 51  
Changes in assessment dates for new growth      G.L., ch. 653 sec. 40, Acts 1989        Feb. 20, 1990   Bk. 17 Pg. 232 . Art. 2         
Compensation of certain local Retirement System Officials       G.L., ch. 32 sec. 20(4)(d 1/2)& (h)     May 29, 1990    Bk. 17 Pg. 309 Art. 19  
Elderly Tax Exemptions  G.L., ch. 59 sec. 5 (17C1/2)    May 29, 1990    Bk. 17 Pg. 309 . Art. 20        
Retirement system calculation   G.L., ch 697, sec. 64 Acts 1987         May 28, 1991    Bk. 17 Pg. 442 . Art. 20        
Retirement, service after age 70        G.L., ch 697, sec. 107 Acts 1987        May 28, 1991    Bk. 17 Pg. 442 . Art. 21        
Enhanced 911 emergency telephone service        G.L., ch. 291 Acts 1990 May 28, 1991    Bk. 17 Pg. 443 . Art. 22        
Added credible service after age 70     G.L., ch. 32, sec. 90G 3/4 as amended by sec. 3 of ch. 254 Acts 1990    May 26, 1992    Bk. 17 Pg. 531 . Art. 20        
Noncriminal disposition of bylaw violations     G.L. ch. 40, sec. 21D   May 26, 1992    Bk. 17 Pg. 531 . Art. 21        
Town officers to establish fees G.L. ch. 40, sec. 22F   May 26, 1992    Bk. 17 Pg. 532 . Art. 22        
Benefits to part-time elected officials         G.L. ch. 58, Acts, 1993         September 2, 1992       Bk. 17 Pg. 562 Art. 4   
Elderly property tax exemption  G.L. ch. 59, section 5 (41C)    May 30, 1995    Bk. 18 Pg. 257 . Art. 23        
Bussing of school age children  Chapter 767, Acts of 1987       May 30, 1995    Bk. 18 Pg. 257 . Art. 24        
Retirement Board Compensation   G.L., ch. 32, Section 20, subsection 6  June 10, 1996   Bk. 18 Pg. 357 Art. 22  
Establishment of Various Revolving Funds        G.L., ch. 44, Section 53E 1/2   May 27, 1997    Bk. 18 Pg. 474 Art. 20  
Employee disability, dental, vision care without mandatory contributions        G.L., ch. 32B, Section 15, paragraph (a) as amended by the Acts of 1996 May 27, 1997    Bk. 18 Pg. 478 Art. 28  
Creditable retirement service for military duty G.L., ch. 32, Section 4, subdivision 1, paragraph h, as amended by the Acts of 1996     May 26, 1998    Bk. 19 Pg. 54 Art. 24   
Annual cost of living adjustments for retirees  G.L., ch. 32, Section 103, as amended by the Acts of 1997       May 26, 1998    Bk. 19 Pg. 54 Art. 25   
PART IV.
THE CODE.
CHAPTER 1.
GENERAL PROVISIONS
ss 1-1. How Code designated and cited.
ss 1-2. Construction and effect of Code.
ss 1-3. Catchlines of sections.
ss 1-4. Rules of construction.
ss 1-5. Repeal not to revive former bylaw.
ss 1-6. Severability of parts of code.
ss 1-7. References to laws of the commonwealth.
ss 1-8. General penalty.
ss 1-9. Custody of seal.
ss 1-10. Enforcement
Section1-1. How Code designated and cited. The bylaws contained in this chapter and the following chapters and sections shall constitute and be designated "The Code of the Town of Adams, Massachusetts," and may be so cited. Such bylaws may also be cited as "Adams Town Code."
Section 1-2. Construction and effect of Code. So far as the provisions of this Code are the same in effect as those of the Bylaws 1960, amendments thereto and other previously existing bylaws, they shall be construed as continuations thereof. All other bylaws of the town now in force and effect are hereby repealed at the moment of the taking effect of this Code, subject, however, to the aforesaid limitation and to the other provisions of this section; but this repeal shall not apply to or affect any bylaw heretofore adopted accepting or adopting the provisions of any statute of the commonwealth. The provisions of this Code and the repeal of all other bylaws now in force and effect shall not affect any act done, any right accrued, any penalty or liability incurred, or any pending suit, prosecution or proceeding. Such repeal, insofar as its includes any bylaw creating or establishing an office or position of employment,, shall not be construed, unless otherwise indicated by the context, in and of itself, as abolishing such office or position, nor shall the repeal of any bylaw have the effect of reviving any bylaw heretofore repealed or superseded. Any person holding any office or position of employment at the time when this Code takes effect shall, unless otherwise expressly provided, continue to hold the same for the time for which he was appointed or elected, or until removed or suspended or another person shall have been appointed or elected in his stead. Mere change of designation of an office or employment, without substantial change of duties or powers connected therewith, shall not be considered as changing, by way of increase or decrease, the rights or powers of the holder of such office or employment.
Section 1-3. Catchlines of sections. The catchlines of the several sections of this Code printed in blackface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
Section 1-4. Rules of construction. In the construction of this Code and of all other bylaws of the town, the following rules of construction shall be observed, unless the construction thereby attained would be inconsistent with the manifest intent of the town or repugnant to the context of the bylaw: Board of Selectmen. The works "board of selectmen" or "selectmen" shall mean the board of selectmen of the Town of Adams, Massachusetts. Commonwealth. The word "commonwealth" shall mean the Commonwealth of Massachusetts. General Laws, G.L. The words "General Laws" or "G.L." shall mean and refer to the General Laws of Massachusetts, Tercentenary Edition, and as amended. Joint authority. 1 Words purporting to give a joint authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or persons. Joint liability. Whenever any act is prohibited, the agent or employer, as well as the person actually doing such prohibited act, shall be liable to the prescribed penalty. Month. 2 The word "month" shall mean a calendar month. Member, gender. 3 Words importing the singular number only shall extend to and be applied to the plural number, and words importing the masculine gender only shall extend and apply to the feminine and the neuter, if applicable. Owner, occupant. The words "owner" or "occupant," when used with reference to a building or land, shall be construed as including any sole owner or occupant, and any joint tenant, tenant by the entirety and tenant in common of the whole or a part of the building or land. Person, whoever. 4 The words "person" and "whoever" shall be construed as including corporations, firms, societies, associations and partnerships, as well as individuals. Preceding, following. 5 The words "preceding" and "following" shall mean next before and next after, respectively. Shall; may. "Shall" is mandatory; "may" is permissive. Street, highway. The words "street" and "highway" shall be construed as including avenues, courts, lanes, alleys, squares, places, sidewalks, and all other public ways in the city, and each of these words includes every other of them. Time. Words used in the past or present tense include the future as well as the past and present. Town. The word "town" shall mean the Town of Adams, in the County of Berkshire in the Commonwealth of Massachusetts. Week. The word "week" shall mean a period of seven days, beginning with Sunday and ending with the Saturday next following. "Written" or "in writing." 6 The terms "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
Section 1-5. Repeal not to revive former bylaws. When any bylaw repealing a former bylaw, chapter, clause or provision shall be repealed, such repeal shall not revive such former bylaw, chapter, clause or provision, unless its expressly so provides.
Section 1-6. Severability of parts of Code. It is hereby declared to be the intention of the town that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or otherwise invalid by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code.
Section 1-7. References to laws of the commonwealth. All references in this Code and other bylaws of the town to chapters and sections of the General Laws of the commonwealth and other acts of the legislature shall be deemed to apply to such chapters and sections as now or hereafter amended.
Section 1-8. General penalty. 7 Whoever violates any of the provisions of this Code or other bylaws of the town whereby an act or thing is enjoined or prohibited shall, unless other provisions are expressly made by such provision of this Code or other ordinances or by the laws of the commonwealth, forfeit and pay a fine of fifty (50) dollars for each offense. (Bylaws 1960, art. 1, ss 3; 10-3-72, art. 21, 5-26-92)
Section 1-9. Custody of seal. 8 The town clerk shall have custody of the town seal. (Bylaws 1960, art. 6, ss 1.)
SECTION 1-10 ENFORCEMENT
a. Criminal Complaint Whoever violates any provision of these bylaws and/or the zoning bylaws of the Town of Adams may be penalized by indictment or on complaint brought in the District Court. Except as may be otherwise provided in those bylaws, and as the District Court may see fit to impose, the maximum penalty for each violation, or offense, brought in such manner shall be fifty (50) dollars.
b. Noncriminal Disposition Whoever violates any provision of these bylaws and/or the zoning bylaws of the Town of Adams the violation of which is subject to a specific or the general penalty as provided by Section 1-8 of this bylaw and/or the zoning bylaw, may be penalized by a noncriminal disposition as provided in Massachusetts General Laws, Chapter 40, Section 21D. The noncriminal method of disposition may also be used for violations of any rule or regulation of any municipal officer, board or department which is subject to a specific penalty. In addition to police officers, who shall in all cases be considered enforcing persons for the purpose of this section (except where state statute provides otherwise), the municipal personnel listed as enforcing persons for each section, if any, or by state statute, shall also be enforcing persons for such sections. Each day on which any violations exists shall be deemed to be a separate offense. (art. 21, 5-26-92)
1 For law of the commonwealth as to joint authority, see G.L., c. 4, ss 6.
2 For law of the commonwealth as to month, see G.L., c. 4, ss 7.
3 For similar law of the commonwealth, see G.L. c. 4, ss 6.
4 For similar law of the commonwealth, see G.L. c. 4, ss 7.
5 For similar law of the commonwealth, see G.L. c. 4, ss 7.
6 For similar law of the commonwealth, see G.L. c. 4, ss 7.
7 For law of the commonwealth limiting penalties imposed by towns for certain violations to fifty dollars, see G.L., c. 40, ss 21. As to penalties for violations of building chapter, see ss 4-13 of this Code.
8 For the law of the commonwealth as to town seals, see G.L., c. 40, ss 47.
CHAPTER 2
ADMINISTRATION. 1
ARTICLE I. IN GENERAL.
ss 2-1. Appointment and duties of town accountant.
ss 2-2. Appointment and duties of inspector of gas piping and gas appliances.
ss 2-3. Annual reports of certain officers, boards, etc.
ss 2-4. Submission of proposed budget by boards and committees.
ss 2-5. Hours for Town Hall offices; time cards.
ARTICLE II. BOARD OF SELECTMEN.
ss 2-6. Execution of deeds, etc.
ss 2-7. Furnishing copies of town warrants.
ss 2-8. Proposal and enforcement of rules and regulations governing police.
ss 2-9. Reports of proceedings; publication of annual report.
ss 2-10. Licensing of taxicabs.
ss 2-11. Direction and management of town property and offices.
ss 2-12. Appearance before courts, etc., to protect interests of town.
ss 2-13. Authority to set curfew.
ss 2-14. Reports of school committee members to board.
ARTICLE III. TOWN MEETINGS.
ss 2-15. Election of town officers generally; hours polls kept open during elections.
ss 2-16. Publications of warrants.
ss 2-17. Reports of committees to be in writing.
ss 2-18. Submitting of motions.
ss 2-19. Reconsideration of motions.
ss 2-20. Dissolution or adjournment of meeting.
ARTICLE IV. TOWN MODERATOR.
ss 2-21. Election; term; to preside at town meetings; moderator pro tem.
ss 2-22. Duties generally.
ARTICLE V. TOWN CLERK
ss 2-23. Duties.
ss 2-24. Office hours.
ARTICLE VI. TOWN COUNSEL
ss 2-25. Appointment; term; compensation; removal; employment of special counsel.
ss 2-26. Holding of additional appointive or elective office of town.
ss 2-27. Duties generally.
ss 2-28. Annual report.
ARTICLE VII. TOWN TREASURER-COLLECTOR.
ss 2-29. Powers generally
ss 2-30. Annual report.
ARTICLE VIII. BOARD OF HEALTH.
ss 2-31. Created; composition; election and term of members.
ss 2-32. Annual report.
ARTICLE I. IN GENERAL.
Section 2-1. Appointment and duties of town accountant. 2 The board of selectmen shall appoint a town accountant in accordance with applicable provisions of the General Laws. He shall have and perform for the town all the duties prescribed by the statutes of the commonwealth for a town accountant. (Bylaws 1960, art. 13, ss 1.)
Section 2-2. Appointment and duties of inspector of gas piping and gas appliances. 3 The board of selectmen shall annually, in March, appoint an inspector of gas piping and gas appliances whose duties shall be the enforcement of the rules and regulations adopted by the 'Gas Fitting' board established in 1960 under section 12-H, chapter 25 of the General Laws. (8-3-61)
Section 2-3. Annual reports of certain officers, board, etc. 4 (a) Treasurer. In his annual report, which shall be printed in the annual town report, the town treasurer shall state specifically the objects for which the debt of the town was increased during the preceding year, recite the authority under which the money was borrowed and shall render a classified statement of all expenditures and receipts of the town, together with a statement of the town debt in such detail as to give a fair and full exhibit of the objects and methods of all expenditures. (b) Sealer of weights and measures. The sealer of weights and measures shall annually make a written report to the board of selectmen, on or before the 15th day of January in each year, to be printed in the annual town report, containing an account of his work, receipts and expenditures during the preceding year, together with such other information and recommendations which he may deem proper. (c) Board of assessors. The annual report of the board of assessors to the board of selectmen, for inclusion in the annual town report, shall be submitted on or before the 15th day of January, and shall have appended to it, a table of the valuation, real, personal and total, the rate of taxation, and the amount of money raised. (d) Planning board. The planning board shall annually make a written report, to the board of selectmen, on or before the 15th day of January, to be printed in the annual town report, containing an account of their work, for the preceding year and recommendations for the best interests of the town's future growth. (e) Library trustees. The trustees of the free public library shall submit to the board of selectmen, on or before the 15th day of January in each year, a detailed report of their doings and of the condition of the library, with such recommendations that they deem necessary, to be printed in the annual town report. (f) Park commission. The park commission shall submit to the board of selectmen, on or before the 15th day of January in each year, a detailed report of their doings, to be printed in the annual town report. (Bylaws 1960, arts. 9, 10, 16 to 19.) (g) Boards and committees. All boards and committees of the town, whether elected or appointed, shall make an annual written report to the board of selectmen, to be included in the annual town report, of their official doings of the preceding year, and shall include in such report their recommendations of the work to be done and an estimate of the cost thereof for the ensuing year in their several departments. Such reports are to be filed with the board of selectmen on or before the 15th day of January in each year. (Bylaws 1960, arts, 9, 10, 16 to 19; art. 5, ss 8.)
Section 2-4. Submission of proposed budget by boards and committees. All boards and committees of the town shall submit a proposed, detailed budget for the current year, in requested quantities, on prescribed forms provided by the board of selectmen, on or before December 15 in each year, unless otherwise provided for by statute, to the board of selectmen. (Bylaws 1960, art. 5, ss 8.)
Section 2-5. Hours for Town Hall offices; time cards. (a) All full-time town departments in the Town Hall, namely, the Board of Selectmen's office, Town Administrator's office, Town Accountant's office, Town Treasurer-Collector's office, Community Development Director's office, Board of Assessors' office, Veterans Services Agent's office, Town Clerk's office, Director of Public Works office, and Board of Health office, shall hereinafter remain open continuously at a minimum, during a period set by a majority of the members of the Board of Selectmen. The lunch period, staggered or otherwise, shall not exceed one (1) hour. (5-28-1985, art. 49.)
ARTICLE II. BOARD OF SELECTMEN. 5
Section 2-6. Execution of deeds, etc. 6 (a) Whenever it shall be necessary to execute any deed conveying land, excluding burial lots and burial rights, such deed shall be executed by the board of selectmen in the name and behalf of the town, unless the town shall otherwise vote in any special case. (b) All conveyances of land or interest in land, which may hereafter be authorized by a vote of the town or otherwise, shall be signed by a majority of the board of selectmen, unless otherwise provided by law or vote of the town, and shall be sealed with the town seal. (Bylaws 1960, art. 5, ss 3, 6.)
Section 2-7. Furnishing copies of town warrants. The board of selectmen shall furnish, for the use of the voters, at each town meeting and at any adjournment thereof, printed copies of the warrant for the town meeting, with any recommendations suggested by the finance committee. In lieu of formal printing of such copies, the board of selectmen may use xerography or a similar method of reproduction that would produce legible pages; such copies to be in the hands of the town meeting members seven days, at least, before such meeting or any adjournment thereof. (Bylaws 1960, art. 5, ss 4, 12-18-72.)
Section 2-8. Proposal and enforcement of rules and regulations governing police. It shall be the duty of the board of selectmen to propose and enforce a set of rules and regulations for the governing of the police department in the guidance of the members thereof, not inconsistent with this Code. They shall have copies of the same printed for the use of the police department. (Bylaws 1960, art. 5, ss 3 to 5, 12-18-72.)
Section 2-9. Reports of proceedings; publication of annual report. The board of selectmen shall make a full and detailed annual report of their proceedings, relating to the municipal affairs of the town, and shall cause the reports of the treasurer, auditors, assessors, tax collector, school committee, board of health, library trustees, cemetery committee, superintendent of streets, planning board and park commission and such other reports of board or committees elected or appointed, as they may deem advisable, to be printed in a sufficient number of copies for the use of the various voters of the town. (Bylaws 1960, art. 5, ss 7.)
Section 2-10. Licensing of taxicabs. The board of selectmen is hereby authorized and empowered to impose such reasonable license fees and make such rules and regulations for the operation of taxicabs within the town and impose such penalties for the violation of such rules and regulations as they deem just and proper. (Bylaws 1960, art. 33.)
Section 2-11. Direction and management of town property and offices. The board of selectmen shall have the general direction and management of the property and offices of the town in all matters not otherwise provided for by law or this Code. (Bylaws 1960, art. 5, ss 1.)
Section 2-12. Appearance before courts, etc., to protect interests of town. The board of selectmen may appear, either personally or by the town counsel or by special counsel duly employed by them, before any court, committee of the legislature or any state or county board or commission or other tribunal to protect the interest of the town. (Bylaws 1960, art. 5, ss 2.)
Section 2-13. Authority to set curfew. The board of selectmen shall, whenever it is deemed necessary, set a curfew which will be enforced by the police officers of the town. (Bylaws 1960, art. 29; 10-3-72.)
Section 2-14. Reports of school committee members to board. It shall be the duty of the representatives of the town serving on the Regional School Committee to provide to the board of selectmen for inclusion in the town report, an annual report of their doings, to include all details of operation. (10-3-72.)
ARTICLE III. TOWN MEETINGS. 7
Section 2-15. Election of town officers generally, hours polls kept open during elections. The annual town meeting for the election of town officers shall be held on the first Monday in May of each year. The hours for the opening and the closing of such meeting shall be so designated by the board of selectmen, but in no instance shall the polls for the election of town officers remain open for a period of less than twelve consecutive hours. For all other elections, national, state or otherwise, the same hours as town elections shall prevail, unless otherwise covered by statute. (Bylaws 1960, art. 2, ss 1; 9-30-74.)
Section 2-16. Publication of warrants. 8 Every warrant for a town meeting or special town meeting shall be served by posting an attested copy thereof in two or more public places in the town and by the publication of a copy in one or more of the newspapers published in the county, or in some other publication in the town having a general circulation in the town, at least seven days before such meeting. (Bylaws 1960, art. 2, ss 2; 6-5-72.)
Section 2-17. Reports of committees to be in writing. All committees chosen by the town, for any purpose, and ordered to report at any designated time shall make such report in writing. (Bylaws 1960, art. 2, ss 3.)
Section 2-18. Submitting of motions. All motions shall be submitted to the town meeting in writing when so requested by the town moderator or the town clerk. (Bylaws 1960, art. 2, ss 6.)
Section 2-19. Reconsideration of motions. No motion shall be reconsidered by the town meeting, unless ordered by more than two-thirds of the voters present and voting thereon. (Bylaws 1960, art. 2, ss 7.)
Section 2-20. Dissolution or adjournment of meeting. No motion, the effect of which would be to dissolve a town meeting, shall be in order until every article in the warrant has been duly considered and acted upon, but this shall not preclude the postponement of action on or consideration of any article to an adjournment of the meeting to a stated time. (Bylaws 1960, art. 2, ss 4.) For law of the commonwealth as to officers and employees of towns, etc., generally, see G.L., c. 41. As to the inspector of buildings, see ss 4-3 to 4-6 of this Code. As to building board of appeal, see ss 4-14 to 4-18. As to cemetery committee, see ss 5-1, 5-2. As to the finance committee, see ss 6-1 to 6-4. As to personnel generally, see ch. 10. As to personnel board, see ss 10-7 to 10-9. As to police generally, see ch. 11. As to subdivision board of appeals, see ss 14-3. As to zoning board of appeals, see ss 15-25 to 15-27. 2. For law of the commonwealth as to appointment and qualifications of town accountant, see G.L., c. 41, ss 40, 55. As to appointment and duties of town accountant with respect to personnel board, see ss 10-8 of this Code. 3. For law of the commonwealth as to inspector of gas piping and gas appliances in buildings, see G.L., c. 143, ss 30. 4. For law of the commonwealth as to annual town reports, see G.L., c. 40, ss 49. As to the publication of annual report by board of selectmen, see ss 2-9 of this Code. As to reports of proceedings of board of selectmen, see ss 2-9. As to the annual report of town council, see ss 2-28. As to annual report of town treasurer-collector, see ss 2-30. As to annual report of board of health, see ;ss 2-32. As to annual report of finance committee, see ss 6-4. As to reports by personnel board, see ss 10-9. As to annual report by chief of police, see ss 11-3. 5. For law of the commonwealth as to board of selectmen generally, see G.L., c. 41, ss 20 to 23. As to the authority of the board of selectmen to make rules and regulations concerning town sanitary landfill, see ss 7-6 of this Code. As to authority of board of selectmen to order numbers affixed to buildings, see ss 13-1. As to execution of appropriate legal proceedings to enforce provisions of zoning chapter, see ss 15-4. 6. As to the disposal of personal property of town, see ss 6-10 of this Code. 7. For law of the commonwealth as to town meetings generally, see G.L., c. 39, ss 9 et seq. 8. For law of the commonwealth as to warrants for town meetings, see G.L., c. 39, ss 10. 9. For law of the commonwealth as to town moderator generally, see G.L., c. 39, ss 14, 15.
ARTICLE IV. TOWN MODERATOR. 9
Section 2-21. Election; term; to preside at town meetings; moderator pro tem. 1 (a) A town moderator shall be elected annually to serve for a one year term. He shall preside at all town meetings and shall continue until the next annual meeting and until a successor is qualified. (b) In the event of absence or inability of the town moderator to serve, the town clerk shall call the town meeting to order. The first business of that meeting shall be the election of a moderator pro tem, by the town meeting members present at that meeting. The moderator so elected must be a qualified legal voter of the town. (Bylaws 1960, art. 3, ss 1.)
Section 2-22. Duties generally. The duties of the town moderator, not prescribed by statute, this Code or other bylaws of the town, shall be determined by the general rules of parliamentary law, so far as they may be adapted to town meetings. (Bylaws 1960, art. 3, ss 2.)
ARTICLE V. TOWN CLERK 2
Section 2-23. Duties. 3 (a) Notice of election or appointment to committees. The town clerk shall promptly notify in writing each member of every committee who may be elected or appointed at any town meeting or in pursuance of any vote thereof. Such notice shall contain a copy of the vote creating the committee and the names of all members of such committee. (b) Copies of actions affecting duties of town officer, etc. The town clerk, as soon as possible after a vote of the town has been passed which relates particularly to or affects the duties of any board, committee or officer of the town, shall furnish a copy of such vote to such board, committee or officer. (c) Records of bylaws. The town clerk shall keep an accurate, up-to-date record of all town bylaws, copies of this Code and amendments to the provisions of this Code or such other bylaws of the town, as approved by the attorney general of the commonwealth. (d) Records generally. The town clerk shall keep a file of all town reports, reports submitted by all committees chosen by the town and all original documents relating to the affairs of the town, which come into the town clerk's custody. (e) Recordation of conveyances. It shall be the duty of the town clerk to see that every conveyance to the town of any interest in property shall be properly recorded in the registry of deeds, and to keep a true copy of all deeds or conveyances executed by the board of selectmen, pursuant to the vote of the town, in a book to be kept for such purpose alone. (Bylaws 1960, art. 6, ss 2,4 to 7.) Section 2-24. Office hours. The town clerk shall have stated daily hours for the transaction of business and shall give public notice thereof. (Bylaws 1960, art. 6, ss 3.)
ARTICLE VI. TOWN COUNSEL.
Section 2-25. Appointment; term; compensation; removal; employment of special counsel. 4 The Board of Selectmen shall each year, within thirty days after the annual election of town officers, appoint some competent lawyer, as Town Counsel, who shall serve for the term of one year or until his successor is appointed. He shall receive for his services such compensation as the town may determine, and he may be removed for cause, at any time, by the majority vote of the board of selectmen. The board of selectmen may, whenever it deems necessary, employ special counsel to assist or act in place of the town counsel. (5-29-79.)
Section 2-26. Holding of additional appointive or elective office of town. The town counsel shall not, during the term of office, hold any other appointive or elective office of the town. (Bylaws 1960, art. 7, ss 7.)
Section 2-27. Duties generally. The town counsel shall have the following duties: (a) Legal drafting, opinions, etc. The town counsel shall draft all bonds, deeds, leases, obligations, conveyances and other legal instruments, and do every professional act which may be required of him, by vote of the town or any board or town officers. Also, when required by such boards or any committee of the town, in writing, he shall furnish a written opinion on any legal question that may be submitted to him, in writing, in regard to any matter which concerns the board or committee requesting the opinion, and he shall at all times furnish legal advice to any officer of the town who may require his opinion upon any subject concerning the duties incumbent upon such officer by virtue of his office. (b) Prosecution and defense of suits; appearance before legislature. It shall be the duty of the town counsel to commence and prosecute all actions and other legal proceedings and suits ordered to be brought by the town, and to defend all actions and suits brought against the town in any court or other tribunal of this commonwealth or of the United States. He shall also appear as counsel in any other action, suit or prosecution against the board of selectmen for any official action, or the performance of any official duty when any right, privilege, ordinance, act or direction of the board of selectmen may be brought into question. He shall appear as counsel before the legislature of the commonwealth, or any committee thereof, whenever the interest and welfare of the town may be directly or indirectly affected. (c) Investigation of injury that may give rise to claim against town. Immediately upon being notified by the board of selectmen, chief of police or superintendent of streets, or upon the receipt of notice from any other source, of injury to persons or property under circumstances which may give rise to a claim for damages against the town, the town counsel shall make or cause to be made, a careful and complete investigation of all facts relative thereto. In case of injuries to persons, he shall, if it seems practicable, immediately provide for a physical examination of the injured person to be made by some competent physician, and provide for such further examinations as he sees fit. He shall take all steps which he deems necessary and adequate to defend such claims and protect the interests of the town. Within ten days after the claim for damages for any cause has been received by the town counsel, he must make a written report to the board of selectmen of the nature and circumstances of the claim, together with such recommendations regarding the same as he deems advisable. (d) Prosecution of bylaw violations. The town counsel shall prosecute, in behalf of the town, in the local district court, all cases for the violation of this Code or any bylaws of the town when requested to do so in writing by any board or officer of the town. (Bylaws 1960, art. 7, ss 2 to 5.)
Section 2-28. Annual Report. The town counsel shall annually make a written report to the board of selectmen, to be printed in the annual town report, concerning the professional services rendered by him during the preceding year. Such report shall contain a statement of each case which has been settled, tried or otherwise disposed of by him during the year, also a statement of each case which is still pending and the status of the same, together with such other information and recommendations as he may deem advisable. (Bylaws 1960, art. 7, ss 6.)
ARTICLE VII. TOWN TREASURER-COLLECTOR. 5
Section 2-29. Powers generally. The treasurer-collector shall have the same power and shall use all means and processes provided by law which town treasurers may use when acting as collectors of taxes. (Bylaws 1960, art. 12, ss 1.)
Section 2-30. Annual report. The annual report of the treasurer-collector shall be submitted to the board of selectmen, for inclusion in the annual town report, on or before January 15, and shall contain a statement of the amount of taxes and assessments committed to him for collection, the amount collected thereon, together with the interest and the amount of uncollected taxes. (Bylaws 1960, art. 12, ss 2.)
ARTICLE VIII. BOARD OF HEALTH. 6
Section 2-31. Created; composition; election and term of members. 7 There is hereby created a board of health for the town consisting of three persons. One member of the board of health shall be elected at each annual town meeting for a term of three years. (10-3-72.)
Section 2-32. Annual report. The board of health shall annually make a written report to the board of selectmen, on or before January 15, to be printed in the annual town report, showing in detail the statistics of the health and sanitary condition of the town, with recommendations for its improvement, together with a full and comprehensive statement of its work and that of its appointees during the previous year. Such report shall also contain a detailed statement of the amounts expended by the board of health during the fiscal year. (Bylaws 1960, art. 15; 10-3-72.) ADAMS TOWN CODE & RELATED BY LAWS - ADMINISTRATION 1. For the law of the commonwealth as to election of town moderator, see G.L., c. 39, ss 14.) 2. For the law of the commonwealth as to town clerk generally, see G.L., c. 41, ss 12 to 19H. As to election of town clerk, see G.L., c. 41, ss 1. As to custody of town seal, see ss 1-9 of this Code. 3. For the law of the commonwealth as to duties of town clerk, see G.L., c. 41, ss 15.) 4. For the law of the commonwealth as to employment of town counsel, see G.L., c. 40, ss 5 (15, 16A). 5. For the law of the commonwealth as to treasurer and collector generally, see G.L., c. 41, ss 35 to 43A. As to election of collector, see G.L., c. 41, ss 1. As to finance generally, see ch. 6 of this Code. 6. For the law of the commonwealth as to town boards of health, see G.L., c. 111, ss 26 to 32. As to election of members of board of health, see G.L., c. 41, ss 1. 7. Editor's note. - The amendment to the 1960 Bylaws from which this article is derived was passed by the voters of the town on October 3, 1972. For law of the commonwealth as to the election and term of members of board of health, see G.L., c. 41, ss 1.
CHAPTER 3. ANIMALS AND FOWL. 1
Section 3-1 Removal of Animal Litter If any animal shall defecate upon any property or area, as hereinafter defined, then the owner, keeper and person then walking or otherwise in charge of said animal shall immediately remove or cause to be removed from said property or area all feces so deposited by said animal. Unless said feces are removed, the owner, keeper and the person then walking or otherwise in charge of said animal (or if owner, keeper or person shall be under the age of 18, then the parent or guardian) shall be deemed to have committed a punishable offense. As used in this section, the following terms shall have the meaning indicated: Property or Area - Any public property or the common areas of any privately-owned property or any private property owned or occupied by any person or persons who are not members of the family of the owner or keeper of or the person then walking or otherwise in charge of the animal. The provisions of this bylaw shall not apply to a guide animal, hearing animal or service animal while actually engaged in the performance of its trained duties with a disabled person. The commission of any offence punishable under this section shall be punishable by a fine of Fifty (50) dollars.
Section 3-2 Dogs Required to be Leashed Dog owners, keepers and persons otherwise in charge are required to physically restrain their dogs by leash when they are not on the owners property. Hunting dogs when being used for hunting or training shall be exempt. 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. Whoever being the owner, keeper or person in charge of said dog(s) fails to keep their dog(s) physically restrained by leash shall be punishable by a fine of Fifty (50) dollars for each individual dog in each individual offense.
Section 3-3 Muzzling Dogs Any owner, keeper or person in charge of a dog may be ordered to muzzle said dog by a duly appointed animal control officer and, in his/her absence, by a police officer for either of the following reasons: (a) for having bitten, injured or physically molested any person, or (b) for having physically injured any domestic animal. 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 decision by the officer to remove the said order shall not be unreasonably withheld.
SECTION 3-4 IMPOUNDING, RELEASE AND DISPOSITION OF DOGS Animal control officers or, in their absence, police officers may cause a dog to be impounded for any of the following causes: (a) if found without a license when a license is required, (b) if found unrestrained as set forth in Section 3-2 of this chapter, (c) for violation of a muzzling order as provided for in Section 3-3 of this section or as provided under MGL Chapter 140 Section 167, as amended, (d) for having bitten, injured or physically molested any person, (e) for having physically injured any domestic animal, (f) to restore peace when the owner or keeper of a dog is otherwise unavailable, unwilling, or physically unable to restrain his/her dog from causing a nuisance by continuous barking or howling, or (g) to ensure the safety and well-being of the particular dog. No later than two (2) days after the impounding of any dog, the owner or keeper shall be notified, or if the owner or keeper of the dog 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 dog and the place and time of taking. Dogs impounded and unclaimed by the owner or keeper after such ten day period shall be disposed of in accordance with the provisions of MGL Chapter 140 Section 151A. Prior to the end of said ten day period, the owner or keeper may obtain the release of any dog impounded hereunder as follows: (a) in the case of a violation of Section 3-4(a) of this chapter, upon obtaining a license as required by law and after paying all pound fees, fines, and notifications costs, if any, or (b) a person who owns or keeps a dog, and who has received such notice that the dog has been impounded and is eligible for immediate release, and does not within ten (10) days claim said dog at the pound, shall be punished by a fine of not more than Fifty (50) dollars to cover the board and disposal of such dog. The owner or keeper shall be described as a person 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 animal control officer that such dog was sold, had died, was given away or otherwise disposed of. Any person who violates the provisions of Section 3-3 or Section 3-4 of this chapter shall be punished by a fine of Fifty (50) dollars. The owner or keeper of any dog who intentionally allows said dog to cause a nuisance by barking, or howling shall be punished by a fine of Fifty (50) dollars.
SECTION 3-5 LICENSE REQUIREMENTS; FEES AND EXCEPTIONS Every dog in Town must be fully licensed pursuant to the provisions of MGL Chapter 140 Sections 137 and Section 139. No license fee shall be refunded in whole or in part for any reason. Every dog kennel must be fully licensed pursuant to the provisions of MGL Chapter 140 Sections 137A. Every person seeking a dog or kennel license renewal must make proper application by April 1st, annually. Persons who renew their respective dog license(s) after June 15th will be charged a ten (10) dollar late fee charge. Whoever violates any provision of this bylaw shall be penalized by noncriminal disposition as provided in MGL Chapter 40 Section 21D. (art. 31, 5-26-92)
1. For the law of the commonwealth as to dogs generally, see G.L., c. 140, ss 136A to 174A. As to cruelty to animals, see G.L., c. 272, ss 77 et seq. As to licensing of stables, see G.L., c. 111, ss 155 to 158. As to disposition of old and inform animals, see G.L., c 133. As to keeping certain animals in tenement houses, etc., see G.L., c. 144, ss 73.
CHAPTER 4. BUILDINGS. 1
ARTICLE I. IN GENERAL
ss. 4-1. Definitions.
ss. 4-2. Compliance with chapter.
ss. 4-3. Inspector of buildings - Appointment; qualifications; term.
ss. 4-4. Same - Powers and duties generally.
ss. 4-5. Same - Authority as to materials and methods of construction equivalent to requirements of chapter.
ss. 4-6. Same - Waiver of chapter requirements for certain mall structures.
ss. 4-7. Garbage disposals required in new dwelling units.
ss. 4-8. Certificates of occupancy required for dwellings.
ss. 4-9. Inspection of buildings; notice of readiness for inspection.
ss. 4-10. Permits - Required; application; plans and specifications.
ss. 4-11. Same - Revocation; posting; filing.
ss. 4-12. Exemptions from chapter.
ss. 4-13. Penalties; notice of violation.
ARTICLE II. BOARD OF APPEAL.
ss. 4-14. Established; composition; appointment and qualification of members; terms of members.
ss. 4-15. Vacancies; participation of members in cases in which they have interest; compensation; expenses.
ss. 4-16. Standing to appeal to board.
ss. 4-17. Rules of procedure; decisions generally. ss. 4-18. Revocation of permits; variances.
ARTICLE III. CONSTRUCTION STANDARDS. DIVISION 1. GENERALLY.
ss. 4-19. Frame buildings - Generally.
ss. 4-20. Same - Frame construction in buildings over two stories.
ss. 4-21. Fire stopping generally.
ss. 4-22. Woodwork near chimneys and fireplaces.
ss. 4-23. Walls near rear lot lines.
ss. 4-24. Garages.
ss. 4-25. First floor area in buildings.
DIVISION 2. FOUNDATIONS AND SUPPORTS.
ss. 4-26. Generally.
ss. 4-27. Supports; depth of foundations; footings where solid ledge exists; use of unsafe stones in walls on masonry foundations.
ss. 4-28. Footings generally.
ss. 4-29. Porches, plazas and bay windows.
ss. 4-30. Foundation wall thickness.
ss. 4-31. Columns, piers, posts, etc.
ss. 4-32. Use of wooden posts.
DIVISION 3. STRESSES, LOADS AND SPANS.
ss. 4-33. Deflection of spans.
ss. 4-34. Floors and stairways.
ss. 4-35. Ceiling joists.
ss. 4-36. Wood rafters.
DIVISION 4. FIREPLACES, CHIMNEYS, ETC.
ss. 4-37. Chimneys. ss. 4-38. Fireplaces.
ss. 4-39. Smoke pipes.
ARTICLE 1. IN GENERAL.
Section 4-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Alteration. Any change in a building not constituting a repair. 2 Dwelling. A building used or constructed or adapted to be used for human habitation. Fire-resisting building. One having all exterior and party walls, vertical or horizontal weight-bearing supports, floor and wall construction, inside walls, partitions and stairs, roof and roof structures, bays, cornices and projections of brick, concrete, terra cotta or other incombustible materials. Door and window frames, sash, interior trimmings and hand rails for stairs may be of wood. Nailing strips, sleepers and furring, if imbedded in concrete or mortar, may be of wood. Frame building. One of which supporting walls and interior construction are wholly or in part of wood, including enclosing brick, and similar veneers dependent upon the wood frame for stability and support. Minimum timber sizes. Where "minimum timber sizes" are given in this chapter, they shall be taken to refer to the nominal size. Repair. Removal of existing construction and replacement with approved materials which do not increase the height, area or bulk or involve the cutting or removal of any part of walls, roofs, floors or other structural elements of their supports and do not affect the required means of egress, light or ventilation or chimneys and their flues. 3 Slow-burning building. A building having all walls of approved masonry or reinforced concrete, in which the interior structural elements, columns, floors and roofs are heavy timbers with smooth flat surfaces, assembled to avoid thin sections, sharp projections and concealed or inaccessible spaces. Story. The part of a building above the basement or cellar and between the top of any tier of floor beams and the top of the tier of floor or roof beams next above. 4 (6-16-65, ss 6, 7.)
Section 4-2. Compliance with chapter. No building, structure or part thereof shall be constructed except in conformity with this chapter. No building already erected or hereafter built shall be raised or built up in such a manner that were such building wholly built or constructed after June 16, 1965, it would be in violation of any provisions thereof. No buildings or structure shall be moved to any location where its construction would be in violation of the provisions of this chapter. Any alteration, addition to or reconstruction of any existing building or structure already erected or to be built shall be subject to the provisions of this chapter. Repairs as defined in section 4-1 shall not be subject to the provisions of this chapter. (6-16-65, ss 5.)
Section 4-3. Inspector of buildings - Appointment; qualifications; term. The board of selectmen shall appoint an inspector of buildings, who shall be a voter in the town, shall have at least five years experience as a building foreman, architect or engineer and shall serve until removed for cause by the board of selectmen. (6-16-65, ss l.)
Section 4-4. Same - Powers and duties generally. The inspector of buildings shall be charged with the inspection of buildings, the enforcement of this chapter and such other duties as are imposed by the general laws of the commonwealth. He shall keep a record of the business of his office, shall submit to the board of selectmen a yearly report of such business and such other reports as they may call for. Subject to the provisions of this chapter, the inspector of buildings shall grant permits for the erection, alteration or moving of buildings, and no building, structure or foundation shall be built, altered or moved without such permit. He shall have the right of entry at any reasonable time in the performance of his duty to examine and inspect any premises, buildings or other structures. (6-16-65, ss 2.)
Section 4-5. Same - Authority as to materials and methods of construction equivalent to requirements of chapter. Materials or methods of construction equivalent to those required by the provisions of this chapter may be allowed in place thereof by the inspector of buildings, if he is satisfied that the proposed materials and methods of construction are equivalent to that required by this chapter. The inspector of buildings shall be empowered to adopt accepted methods of testing materials and types of construction prior to his approval of the same. (6-16-65, ss 9.)
Section 4-6. Same - Waiver of chapter requirements for certain small structures The inspector of buildings shall have power, in his discretion, to waive any or all requirements of this chapter, other than those contained in any statute of the commonwealth, in the case of small dairy rooms, root cellars, poultry houses, farm and storage sheds and other similar small structures; provided, that the same are so located on the owner's property as not to menace the property of another. (6-16-65, ss 23.)
Section 4-7. Garbage disposals required in new building units. There shall be installed and maintained in accordance with acceptable plumbing standards in the kitchen sink of every dwelling unit constructed after the date of enactment of this section a disposal unit for the grinding of food wastes into water-carried pulp for discharge into a sewage system. 5
Section 4-8. Certificates of occupancy required for dwellings. No dwelling unit shall be occupied until a certificate of occupancy is issued by the board of selectmen or their agent stating that the dwelling unit complies with the provisions of section 4-7. (3-23-70.) Whoever violates any provision of this by-law after receipt of written notice of noncompliance from the Board of Selectmen or their agent, or the Board of Health shall be fined a sum not to exceed $20.00 for each violation. Each day of noncompliance with the provisions of this by-law shall constitute a new and separate violation. (3-23-70 art. 2.)
Section 4-9. Inspection of buildings; notice of readiness for inspection. No buildings shall be covered by lathing, sheathing or otherwise until the inspector of buildings has, by examination, ascertained that the building is in compliance with this chapter. The inspector of buildings shall be notified by the owner or his duly authorized agent whenever any building is ready for inspection. The inspector shall inspect all buildings within seventy-two hours after such notification. He shall post a written approval in a conspicuous place within such building after it meets with his approval. (6-16-65, ss 15.)
Section 4-10. Permits - Required; application; plans and specifications. 6 Every person intending to build, construct, reconstruct or alter any building, structure or foundation, including temporary structures, platforms or stands for assembly purposes, shall, before commencing the same, file with the inspector of buildings, an application for a building permit on a form provided therefor, and shall, if required by the inspector of buildings or the board of appeal, file the plans, specifications and details or other full and accurate description of the intended building, construction or reconstruction or alteration. This permit shall be in addition to such permits as may be required by the laws of the commonwealth for specific classes of buildings. (6-16-65, ss 3.) Building Permit Fee Schedule Projects valued up to $5,000 $5.00 Projects valued greater than $5,000 2.50 per $1,000 valuation Specialized industrial equipment is excluded . Zoning Board of Appeals Applications $ 50.00 Planning Board Applications 50.00 Preliminary Subdivision Plans 50.00 Definitive Subdivision Plans 200.00 Form A Plans 25.00 Request for Zoning Changes 50.00 . (Amended May 30, 1989, article 53)
Section 4-11. Same - Revocation; posting; filing. All permits shall be void if operations thereunder are not commenced within ninety days after the date of the permit, or if the operations thereunder are discontinued for a period of more than six months. Notice of permits granted shall be posted by the owner on the premises. All plans, applications and records of permits shall be kept on file by the inspector of buildings and shall be open to public inspection, but shall not be taken from the custody of the inspector of buildings. (6-16-65, ss 4.)
Section 4-12. Exemptions from chapter. This chapter shall not apply to buildings or structures that are owned or occupied by the United States or by the commonwealth other than those used, in whole or in part, as a place of assembly, and except bridges, quays and wharves. (6-16-65, ss 36.)
Section 4-13. Penalties; notice of violation. If any person violates any of the requirements of this chapter, or any amendment thereof or any permit issued thereunder, he shall, except when other wise provided in this chapter or by statute, be liable to a penalty not exceeding one hundred dollars for each violation thereof. 7 The inspector of buildings, upon discovery of a violation of this chapter, shall give notice thereof in writing to the person or to the owner of the premises where such violation occurs, and may order such person or owner to remove any part of a structure erected in violation thereof or to do such other acts as the inspector of buildings deems necessary in order to comply with the requirements of this chapter and of the permit issued hereunder. If, after such notice, such person or owner continues such violation or fails to obey such lawful order of the inspector of buildings, the inspector may revoke the permit for the work in connection with which such violation occurred, and it shall thereupon become unlawful for the owner or contractor to proceed with such work. (6-16-65, ss 32.) ARTICLE II. BOARD OF APPEAL. Section
4-14. Established; composition; appointment and qualification of members; terms of members. A board of appeal is hereby established to consist of three members to be appointed by the board of selectmen. All members of the board of appeal shall be residents of the town. The appointments first made shall be for one, two and three years, respectively, so that the term of one member shall expire each year. All subsequent appointments shall be made for a term of three years to begin on the first day of April. (6-16-65, ss 31.)
Section 4-15. Vacancies; participation of members in cases in which they have interest; compensation; expenses. Vacancies shall be filled by appointment by the board of selectmen for any unexpired term. No member of the board of appeal shall sit on a case in which he is interested. If any member is so disqualified or absent, the other two members may appoint a substitute. The members shall serve without pay, but the reasonable expenses of the board of appeal, when approved by the board of selectmen, shall be paid. (6-16-65, ss 31.)
Section 4-16. Standing to appeal to board. Any person who is aggrieved by an order, decision, permit or refusal of a permit by the inspector of buildings may appeal therefrom to the board of appeal, within ten days from the date of such order, decision, permit or refusal, by filing a written claim of appeal in the office of the town clerk. Any owner or lessee of real estate within two hundred feet of the property to which a permit relates shall have the right of appeal to the board of appeal. (6-16-65, ss 31.)
Section 4-17. Rules of procedure; decisions generally. The board of appeal shall hear all appeals and shall determine its own rules of procedure and of evidence. If it modifies or overrules the action of the inspector of buildings, a new permit or order in conformity with its decision shall be issued by it without delay. Every decision of the board of appeal shall be in writing and shall require the assent of at least two members, except as hereinafter provided, and shall be filed in the office of the inspector of buildings, within ten days after the completion of the hearing, and a copy thereof shall be sent forthwith by the inspector of buildings to the applicant. (6-16-65, ss 31.)
Section 4-18. Revocation of permits; variances. (a) The board of appeal, by unanimous vote, shall have the right to revoke a permit within ten days after the posting of the notice of a permit on the premises, if, in its opinion, such premises will result in a menace to public safety, health or welfare of the neighborhood. (b) The board of appeal may vary application of this chapter in specific cases where the enforcement would involve practical difficulty or unnecessary hardship and wherein desirable relief may be granted without substantially derogating from the intents and purposes of this chapter and not otherwise. No such variance or revocation shall be made unless made by the board of appeal after a public hearing of which notice shall be mailed to the petitioner and to the owners of all property within two hundred feet of the premises to which an appeal relates, as they appear in the most recent tax list, and shall be posted on the bulletin board at the town office building and on the premises to which the appeal relates. (6-16-65, ss 31.)
Section 4-19. Frame buildings - Generally. (a) Strength. Every frame building shall have all parts of sufficient strength to carry the weight of the superstructure and the superficial loads as set out in sections 4-33 to 4-36 and shall be built with sills, post, girts or ledger boards, studs and plates, all properly framed, braced and secured to the satisfaction of the inspector of buildings. (b) Soundness of lumber. All lumber shall be structurally sound. (c) Sills. All sills shall be anchored to masonry walls with one-half inch bolts bedded firmly in the masonry and spaced not more than eight feet apart or otherwise properly anchored. (d) Studding. Studding in exterior walls shall be not less than two inches by four inches in size and spaced not over sixteen inches on centers. Studding in main and carrying partitions shall be not less than two inches by four inches and spaced sixteen inches on centers and shall run down to girders or shall rest on partition shoes where the partition crosses the floor joists. Floor joists under and running parallel with such partition shall be doubled. Studding on each side of all openings in all walls and petitions shall be doubled. (e) Bridging of bearing partitions. Bearing partitions over nine feet in height shall be bridged at least once. (f) Headers. Headers over all openings shall be doubled and shall be of sufficient size and strength to properly support all superimposed loads. (g) Floor and roof joists and beams generally. Floor and flat roof joists and beams shall be cross-bridged at least once in spans of ten feet or more, such that not more than eight feet intervenes between bearing and bridging. Bridging shall be not less than one inch by three inches, double nailed at each accurately mitered end. Solid bridging equivalent to size of joists is permitted. (h) Cutting of floor joists for piping, etc. The cutting of floor joists to facilitate the installation of piping and duct work will be permitted with the following limitations: (1) The top or bottom edges of joists may be notched not to exceed one-sixth of the joist depth. Notching the top or bottom edge of joists will not be permitted in the middle third of any joist span. (2) If cutting of a floor joist more than one-sixth of its depth is found necessary, a header the full depth of the joist shall be cut in to support the end of the joist. (3) Where location of pipes necessitates passing through the joists, holes shall be drilled to receive the pipes. The diameter of the holes shall be not more than one-half inch greater than the outside diameter of the pipe and in no case greater than two and one-half inches. (4) The edge of the holes shall not be located nearer than two inches from the top or bottom edge of the joist. (5) No stud shall be cut into a bearing petition. No stud shall be cut more than one-third its depth to receive piping and duct work. If more depth is required the partition studs shall be increased in depth accordingly. (6-16-65, ss 8.)
Section 4-20. Same - Frame construction in buildings over two stories. No building of over two stories, exclusive of the attic, shall be built of wooden or frame construction. (6-16-65, ss 25.)
Section 4-21. Fire stopping generally. In all buildings hereafter erected, all stud walls, partitions, furrings and spaces between joists, when they rest on division walls or bearing partitions, shall be fire stopped in a manner to cut off concealed draft openings and form an effectual horizontal smoke stop between stories and between a top story and the roof. (6-16-65, ss 15.)
Section 4-22. Woodwork near chimneys and fireplaces. No woodwork shall be nearer than one inch to any chimney, and no timber or woodwork shall be within two inches of the back wall of any fireplace. The header beam, carrying the tall beams of a floor and supporting the trimmer arch in front of a fireplace, shall not be less than eighteen inches from the finished chimney breast. All chimneys shall be flashed and firestopped at each floor level. (6-16-65, ss 11.)
Section 4-23. Walls near rear lot lines. No wall of any building shall be hereinafter constructed, erected or placed within five feet of its side or rear lot line, other than a street line, unless it is constructed of approved masonry, reinforced concrete or, if other material is used, the same shall have a fire rating of at least three-fourths of an hour. (6-16-65, ss 22.)
Section 4-24. Garages. Notwithstanding any of the other requirements of this chapter, a private garage for not more than two automobiles may be located beneath or in direct contact with the walls of any dwelling. Garages attached directly to a building shall be separated therefrom by a fireproof wall not less than four inches thick or shall be covered with a material with not less than three-fourths hour fire rating. Unless of fireproof construction, the remaining walls and ceilings shall be plastered with cement plaster on metal or gypsum lath. Garages located beneath any building with the floor above of wood construction shall be constructed with fireproof walls and the ceiling shall be wire lathed and plastered with cement plaster at least three-fourths inch thick. (6-16-65, ss 24.)
Section 4-25. First floor area in buildings. No building shall be hereafter constructed or altered to be used for human habitation unless the same has two or more separate rooms, exclusive of bath or toilet rooms, having a total floor area of four hundred and fifty square feet on the first floor. (6-16-65, ss 26.) DIVISION 2. FOUNDATIONS AND SUPPORTS.
Section 4-26. Generally. No building shall be hereafter constructed or altered to be used for human habitation unless the same has a full solid foundation or cellar wall, reasonable areaways and openings for light and entrances excepted, extending at least three feet six inches below the grade and also extending at least six inches above the grade conforming to the minimum requirement of sections 4-27 to 4-30. (6-16-65, ss 27.)
Section 4-27. Supports; depth of foundations; footings where solid ledge exists; use of unsafe stones in walls on masonry foundations. Every building or structure, except as provided in this chapter, shall be supported on masonry piers, metal posts or have foundations of brick, stone, iron, steel, concrete or cement blocks. All foundations shall extend at least four feet below any adjoining surface exposed to frost, unless they rest on solid ledge, and in all other cases they shall extend to firm ground satisfactory to the inspector of buildings. Footings are not required where a solid ledge exists. The inspector of buildings may forbid the use in masonry foundations walls of unbroken round boulder stones of such size or of such quantity as will, in his opinion, make the wall unsafe. (6-16-65, ss 16.)
Section 4-28. Footings generally. All external walls, columns and piers that rest on earth shall be supported on solid masonry, plain concrete or reinforced concrete footings. Such footings shall be of sufficient size to safety support the loads imposed as determined from the character of the soil. Forms for footings shall be used if, in the judgement of the inspector of buildings, soil conditions require them. Chimney footings shall not be less than eight inches thick, and shall be proportionately thicker where, in the judgement of the inspector of buildings, the character of the soil so requires. These footings shall project not less than two-thirds of their thickness beyond the chimney on all sides. (6-16-65, ss 17.)
Section 4-29. Porches, plazas and bay windows. Porches, plazas and bay windows, if supported from the ground, shall have suitable foundation of stone, brick or concrete, or be supported with iron posts or masonry piers built on firm ground and extending not less than four feet below the surface of the ground. If iron posts are used, they shall rest on a footing of stone or concrete. (6-16-65, ss 18.)
Section 4-30. Foundation wall thickness. The following minimum requirements for foundation wall thickness shall apply: The thickness of foundation walls shall be not less than the wall immediately above, and shall not be less than shown in the following table for the type of foundation and superstructure construction used. The combined height of an eight inch foundation wall and the wall supported shall not exceed thirty feet.
THICKNESS OF FOUNDATION WALLS . .
Foundation Wall Construction    Maximum Depth Below Grade (feet)                                
Type of Wall    Thickness (in)  Frame   Masonry Veneer  Masonry 
Hollow Masonry  8       4       4.5     5       
        10      5       5.5     6       
        12      7       7       7       
Solid Masonry   8       5       5.5     6       
        10      6       6       6.5     
        12      7       7       7       
Concrete        8       6       6       6       
        10      7       7       7       
Walls of rubble stone work shall be not less than sixteen inches thick, well bonded and laid solid in mortar throughout. (6-16-65,ss 19.)
Section 4-31. Columns, piers, posts, etc. Every column, pier, post or other vertical support shall be of sufficient strength to safely bear the weight of the superstructure and the load of the portion of each and every floor and the roof depending on it for support. The minimum dimensions of column footings shall be eighteen inches by eighteen inches by twelve inches thick. (6-16-65, ss 20.)
Section 4-32. Use of wooden posts. Structures not exceeding ten feet in height and not for human habitation, if built of wood, sheet metal or similar light material, may be set upon wooden posts. (6-16-65, ss 21.)
DIVISION 3. STRESSES, LOADS AND SPANS.
Section 4-33. Deflection of spans. The permitted span length for different depths of floor joists and roof timbers shall be the limit necessary to keep the deflection within one three hundred sixtieth of the span. (6-16-65, ss 10.)
Section 4-34. Floors and stairways. All floors and stairways in all buildings shall be constructed of sufficient strength to bear safely the weight to be imposed thereon in addition to the dead load, but shall support a minimum, uniformily distributed live load, exclusive of the materials, as follows: For dwellings not less than forty pounds per square foot; for store and office buildings and buildings for light mercantile purposes, not less than one hundred pounds per square foot for the first floor and not less than fifty pounds per square foot for each floor above the first; for storehouses, warehouses, manufactories, mills and machine shops, (light), not less than one hundred pounds per square foot, (heavy), not less than two hundred fifty pounds per square foot. Maximum spans for wood floor joists for the loads noted shall be listed in the following table. The spans are figured for a maximum deflection of one three hundred sixtieth of the span based on a live load of forty pounds per square foot uniformly distributed and a dead load of fifteen pounds per square foot. Where the spacing of floor joists exceeds sixteen inches on centers, or where the allowable fiber stress of the species or grade of wood used is in excess of twelve hundred pounds, or where the live and dead loads are in excess of those assumed for this table, the span of the joists shall be determined on the same basis as used for this table:
MAXIMUM SPANS FOR FLOOR JOISTS
Nominal Size of Joist (in)      Spacing Center to Center (in)   Maximum Clear Span                                              
                1200 lbs*.              1000 lbs*               900 lbs*                
                Ft.     In.     Ft.     In.     Ft.     In.     
2 x 6   12      10      8       9       8       9       2       
        16      9       8       8       8       8       4       
2 x 8   12      14      1       12      10      12      1       
        16      12      7       11      6       11      0       
2 x 10  12      17      9       16      1       15      2       
        16      16      0       14      6       13      9       
2 x 12  12      21      4       19      5       18      4       
        16      19      1       17      5       16      7       
3 x 6   12      12      4       11      3       10      7       
        16      11      3       10      3       9       3       
3 x 8   12      16      4       14      10      13      11      
        16      14      11      13      7       12      9       
3 x 10  12      20      6       18      7       17      5       
        16      18      10      17      1       16      1       
3 x 12  12      24      6       22      3       21      0       
        16      22      7       20      6       19      4       
* Fiber Stress (6-16-65, ss 12.)
Section 4-35. Ceiling joists. Maximum spans for ceiling joists for the loads noted shall be as listed in the following table. The spans are figured for a maximum defection of one three hundred sixtieth of the span, based on a dead load of ten pounds per square foot (no live load), uniformly distributed. Where the attic space above ceiling joists is unfinished, but is usable for light storage space, ceiling joists shall be not less than two inches by six inches. Where the attic space is suitable for finishing into future habitable rooms, the ceiling joists shall be figured the same as for floor joists.
MAXIMUM SPANS FOR CEILING JOISTS
Nominal Size of Joist (in)      Spacing Center to Center (in)   Maximum Clear Span                                              
                1200 lbs*.              1000 lbs*               900 lbs*                
                Ft.     In.     Ft.     In.     Ft.     In.     
2 x 4   12      11      0       10      0       9       4       
        16      10      1       9       2       8       7       
        24      8       11      8       1       7       7       
2 x 6   12      16      7       15      1       14      2       
        16      15      4       13      11      13      1       
        24      13      8       12      5       11      8       
2 x 8   12      21      7       19      8       18      6       
        16      20      1       18      3       17      2       
        24      17      11      16      4       15      4       
* Fiber Stress (6-16-65, ss 13)
Section 4-36. Wood rafters. Maximum spans for wood roof rafters for the loads noted shall be as listed in the following table. The spans are based on a live load of thirty pounds per square foot uniformly distributed considered as acting normal to the roof surface, and a dead load of five pounds per square foot plus the weight of the rafters. Spans are actual unsupported length of rafters measured on the slope of the roof. Plate, ridge and collar beams, if at every rafter, are regarded as supports.
MAXIMUM SPANS FOR ROOF RAFTERS .
For rooms with a minimum slope of 5 to 12
Nominal Size of Joist (in)      Spacing Center to Center (in)   Maximum Clear Span                                              
                1200 lbs*.              1000 lbs*               900 lbs*                
                Ft.     In.     Ft.     In.     Ft.     In.     
2 x 4   12      9       4       8       6       7       2       
        16      8       1       7       4       6       2       
        20      7       3       6       7       5       6       
        24      6       6       6       1       5       1       
2 x 6   12      14      2       13      1       11      0       
        16      12      6       11      5       9       6       
        20      11      4       10      5       8       8       
        24      10      3       9       4       7       8       
2 x 8   12      18      4       16      7       14      3       
        16      16      7       15      3       12      1       
        20      15      2       13      8       11      0       
        24      13      8       12      6       10      0       
* Fiber Stress (6-16-65, ss 14.)
DIVISION 4. FIREPLACES, CHIMNEYS, ETC.
Section 4-37. Chimneys. All chimneys shall be built of brick, cinder blocks, stone or reinforced concrete, the walls of which shall not be less than three and three-fourths inches thick and shall have terra cotta flue linings. Chimneys shall extend at least two feet above the highest ridge. Chimneys shall be built upon concrete or solid masonry foundations. The footing for an exterior chimney shall start below the frost line. Listed factory-built chimneys shall be installed in accordance with the term of their listings and the manufacturer's instructions. (6-16-65, ss 28.)
Section 4-38. Fireplaces The back and sides of fireplaces hereafter erected shall be of approved masonry or reinforced concrete of not less than four inches total thickness and shall include a lining of fire brick or other approved material of not less than two inches in thickness. Wooden centers, used in the construction of that part of the supporting arch which is below the hearth of the fireplace inside of the chimney breast, shall be removed when the construction of the arch is completed and before plastering is started on the underside. (6-16-65, ss 29.)
Section 4-39. Smoke pipes Every smoke pipe shall connect with a chimney or other approved flue and shall enter a chimney through a fireclay or metal thimble or flue ring of masonry. No smoke pipe shall pass through a floor nor through a roof. Smoke pipes shall not pass through combustible partitions; provided, that smoke pipes from ordinary ranges and stoves may pass through combustible partitions if they are guarded by double metal ventilating thimbles two inches larger in diameter than the pipe or by steel tubes built in brickwork or other approved fireproofing materials extending not less than eight inches beyond all sides of the tube. (6-16-65, ss 30.) For law of the commonwealth relative to inspection and regulation of buildings, etc., see G.L., c. 143, s 1 et seq. As to appointment and duties of inspector of gas piping and gas appliances, see s 2-2 of this Code. As to defacing or writing on fences, buildings, sidewalks, etc., see s 9-3. As to sewers and sewage disposal, see ch. 12. As to the numbering of buildings, see s 13-1. As to zoning generally, see ch. 15. 2. For law of the commonwealth as to alteration, see G.L. c. 143, s l. 3. For law of the commonwealth as to repair, see G. L., c. 143, s l. 4. For law of the commonwealth as to story, see G.L., c. 143, s 1. 5. Editor's note. - The by-law from which this section is derived was adopted March 23, 1970. 6. As to building permits with respect to zoning, see s 15-5 of this Code. 7. For law of the commonwealth authorizing town to raise penalty to one hundred dollars, see G.L., c. 143, s 3. As to the general penalty, see s 1-8 of this Code.
CHAPTER 5. CEMETERIES.
ss 5-1. Cemetery committee - Annual meetings; organization; duties of secretary.
ss 5-2. Same - Powers and duties.
ss 5-3. Fund for care and preservation of lots.
ss 5-4. Rules and regulations.
Section 5-1.- Cemetery committee - Annual meetings; organization; duties of secretary. The cemetery committee shall meet annually in March and organize by the choice of a chairman and a secretary. It shall be the duty of the secretary to keep a record of the doings, receipts and expenditures of the cemetery committee, and render a specific report thereof to the board of selectmen on or before January 15, to be printed in the annual town report. (Bylaws 1960, art. 11, ss l.)
Section 5-2. Same - Powers and duties. (a) The cemetery committee shall have full charge of all of the public cemeteries of the town; to lay out the same into lots, execute and deliver deeds therefor; to erect all necessary signs, fences, buildings and other structures in or about the same, at an expense not to exceed, in any case, the amount of the funds at their disposal and to make all necessary regulations relating to cemeteries not contrary to law. (b) The cemetery committee shall direct the expenditures of all general cemetery funds in the cemetery account and of all specific appropriations, unless otherwise ordered by the town, and the income of all trust funds held by the town for cemetery purposes, conforming to the directions of the depositor. (c) The cemetery committee shall keep a complete record of all sales of lots in the public cemeteries of the town and the deeds thereof, together with the names of the deceased and the location of the graves. (Bylaws 1960, art. 11, ss 2.)
Section 5-3. Fund for care and preservation of lots. All sums of money for perpetual care hereafter deposited with the town treasurer shall be credited to the account of the cemetery fund. The town treasurer shall keep in his office a book which shall contain a record of all funds deposited, the date of such deposit, the name of the depositor, the name of the cemetery containing the lot in connection with which the deposit is made and the location and number of the lot. Every person who may hereafter deposit any money for such purpose shall receive a certificate therefor from the town treasurer. The whole sum thus deposited shall forever bear interest and annually, on the first day of July, the interest shall be computed and entered to the credit of each deposit in the book provided for in this section. Annually, on or before the first day of October, the town treasurer shall return to the cemetery committee a statement of the amount of interest to the credit of each deposit, with the name of the depositor and the cemetery committee shall cause the whole of such interest to be expended on such lot. (Bylaws 1960, art. 11, ss 3, 4.)
Section 5-4. Authority to make rules and regulations. The Cemetery Commissioners, with the approval of the Board of Selectmen, are hereby authorized and empowered to make rules and regulations with regard to the use of the Town Cemeteries and said rules and regulations shall be on file with the Town Clerk. (5/31/94, art. 21)
CHAPTER 6. FINANCE. 1
ss 6-1. Finance committee - composition; qualifications; appointment; term; retired members.
ss 6-2. Same - Vacancies.
ss 6-3. Same - Election of officers.
ss 6-4. Same - Powers and duties.
ss 6-5. Contracts by town officers.
ss 6-6. Purchases - Equipment by town departments.
ss 6-7. Same - Triplicate system adopted; copy of orders to be delivered to town accountant.
ss 6-8. Submission of annual list of money, etc., received by town officers.
ss 6-9. Annual inventories of furniture, fixtures and capital equipment. ss 6-10. Disposal of personal property of town.
Section 6-1. Finance committee - Composition; qualifications; appointment; term; retired members. 2 There shall be a finance committee consisting of fifteen members who shall reside in the town and shall be registered voters therein. Of this Committee no person holding an elective position or any other position in town, other than that of Town Meeting Member shall be eligible to serve on the Finance Committee. The town moderator shall appoint all members of the finance committee, each of which shall serve a term of three years. It is recommended that at least two members from each precinct be appointed by the town moderator, to insure equitable representation. The term of office of each such member will expire on May 1 unless the annual business meeting of the town is not held and dissolved by May 1, in which case such appointments to the finance committee shall not be made until such annual business meeting has been held and dissolved. When any member who has served on the finance committee for not less than three consecutive terms shall reach seventy years of age, the town moderator, at the completion of such member's term, may notify him that thereafter he shall be on the retired list of finance committee members. A member so retired shall attend finance committee meetings only when so requested by its chairman, to give his advice or suggestions on matters pending before the committee. The members so retired shall have no vote at such meetings as they may attend. Every such retired member shall have the status of and be referred to as an "honorary member.". The "honorary members" are exclusive of the fifteen members permitted by law. (5-31-77 - art. 59).
Section 6-2. Same - Vacancies. In the event of a vacancy on the finance committee, the town moderator shall forthwith make an appointment to fill the vacancy for the unexpired term. (Bylaws 1960, art. 4, ss 2.)
Section 6-3. Same - Election of officers. The finance committee shall elect its own chairman and secretary. (Bylaws 1960, art 4, ss 3.)
Section 6-4. Same - Powers and duties. 3 The finance committee shall consider all municipal questions relating to appropriations and may consider any municipal questions. It shall hear members of town departments and citizens of the town relative to any matter before the committee and shall make such recommendations as the committee deems advisable upon all subjects considered by it. It shall submit its recommendations and report to each town meeting. (Bylaws 1960, art. 4, ss 4.) see also 2-7.
Section 6-5. Contracts by town officers. (a) Generally. No department or officer, having charge of any office, department or undertaking of the Town, shall recommend the award of any contract or the purchase of any equipment, supplies or services, unless the Chief Procurement Officer has first certified that that person has complied with the provisions of Massachusetts General Laws, Chapter 30B, Chapter 30, Section 39M, and/or Chapter 149. (5/31/94, art. 22) (b) Proposals - Notice. A notice involving formal proposals therefor shall have been posted, in the office of the Chief Procurement Officer, not later than two weeks prior to the time so specified, and that such notice shall also have been published at least once, not less than two weeks prior to the time so specified, in a newspaper, having a general circulation in the Town, as the Chief Procurement Officer may direct. A notice involving informal proposals therefor shall have been posted, in the office of the Chief Procurement Officer, not later than three days prior to the time so specified. (c) Same - Form. Formal proposals for any contract subject to this section shall be sealed and in writing. Informal proposals for any contract subject to this section may be either oral or written quotations. In the event of an oral quotation, the Chief Procurement Officer shall record said quotation in writing and shall require written confirmation of quotation from offerers prior to the awarding of the contract. (d) Same - Opening; Inspection. Such formal proposals shall be opened and read in public at a time and place specified in the posted and published notice and, after being so opened, shall be open for public inspection. Such informal proposals shall be received by a time specified in the posted notice and, shall be maintained by the Chief Procurement Officer and shall be open for public inspection upon the awarding of the contract. The Chief Procurement Officer shall maintain a list of all persons requesting and/or receiving formal and informal proposal notices. (e) Awards generally. The department or officer shall award the contract to the lowest responsible bidder. No contract shall be awarded for a sum in excess of the appropriation available, unless it is on a unit bid price basis, in which event the quantities may be adjusted in order to make the final total payment not exceed the appropriation. (f) Avoidance of section. No contract or preliminary plans or specifications pertaining thereto shall be split, altered, changed or divided for the purpose of evading the provisions of this section. (g) Rejection of bids. The right shall be reserved to reject any or all bids, if such rejection is in the public interest. (h) Suspension of section where interests of town would be served. 4 It is further provided that in the event of unusual opportunity for the purchase of materials, supplies and equipment in the best interest of the town, not in excess of one thousand dollars, which opportunity for the purchase of the particular materials, supplies and equipment would ordinarily be lost or rendered impractical or impossible by the operation of this section, this section may be avoided and dispensed with upon the unanimous vote of the board of selectmen; provided that necessary funds are available and have been properly appropriated in advance. (Bylaws 1960, art. 21, ss 1; 3-20-61, 8-27-62, 5-24-76, 5-29-90.)
Section 6-6. Purchases - Equipment by town departments. All town departments may make capital expenditures whose aggregate total may not exceed one thousand dollars per fiscal year from their operating expense accounts. (10-3-72; 9-10-79; 5-28-85, art. 50; 10-28-96 art. 1)
Section 6-7. Same - Triplicate system adopted; copy of orders to be delivered to town accountant. All town departments shall use the triplicate system in making purchases, and one copy of all purchase orders shall immediately be delivered to the town accountant. (Bylaws 1960, art. 25.)
Section 6-8. Submission of annual list of money, etc., received by town officers. All elected and appointed officers of the town who receive fees, emoluments or monies of any kind, either for their own use or for the town, county or commonwealth, shall submit to the board of selectmen annually a true list setting forth in detail all of such fees, emoluments and monies received during the year. (Bylaws 1960, art. 20.)
Section 6-9. Annual inventories of furniture, fixtures and capital equipment (a) An inventory of all furniture, fixtures and capital equipments shall be submitted by all town departments to the Town Accountant semi-annually on October 31st and April 30th. (9-10-79, art. 6.) (b) Such inventory shall be made in duplicate, one copy of which shall be filed with the town accountant. (c) The outgoing department head shall submit for signing to the incoming department head an inventory of all assets, including furniture, fixtures and capital equipment, in his particular department. (d) Deleted (9-10-79, art. 6.) (e) Any discrepancy in the inventory shall be brought to the attention of the board of selectmen (Bylaws 1960, art. 23, ss 1.)
Section 6-10. Disposal of personal property of town. 5 "Personal property belonging to the town may be sold or disposed of by the board, officer or head of the department having charge of such property only if in conformity with the following conditions: (a) If its value at the time of the proposed sale or disposition is less than five hundred dollars, upon specified authorization, in writing, by the Town Administrator, or (b) If its value at the time of the proposed sale or disposition is five hundred dollars or more, upon specified authorization, in writing, by the Board of Selectmen, and in accordance with the provisions of MGL Chapter 30B." (Bylaws 1960, art. 22, ss 2; 10-28-96 art. 2)
Section 6-11. Licenses and permits of delinquent taxpayers. 1. The Tax Collector shall annually furnish to each department, board, commission or division, which has the authority to issue licenses or permits, including renewals and transfers, a list of any person, corporations, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve month period, and certifying that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the Appellate Tax Board. 2. The licensing authority may deny, revoke, or suspend any license or permit, including renewals and transfers, of any party whose name appears on the list furnished to the licensing authority from the Tax Collector; provided, that written notice is given to the party and the tax collector that the party will be given a hearing to be held not earlier than fourteen (14) days after the notice is received by the licensing authority. The Tax Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Such list shall be prime facie evidence for denial, revocation or suspension of said license or permit to any party. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceedings and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked, under this section shall not be reissued or renewed until the license authority receives a certificate issued by the Tax Collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as of the date of issuance of said certificate. 3. Any party shall be given the opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit provided that the holder be given subsequent notice and a hearing as required in paragraph 2 hereinabove. 4. The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in Section 1 of Chapter 268 of the General Laws, as amended, in the business or activity conducted in or on said property. 5. This bylaw shall not apply to the following licenses or permits: a. Open burning b. Bicycle permits c. Sale of articles for charitable purposes d. Children work permits e. Dog licenses f. Fishing, hunting and trapping licenses g. Marriage licenses h. Theatrical events i. Public exhibition permits j. Clubs, associations dispensing food or beverage licenses under the provisions of Section 21E of Chapter 140 of the General Laws, as amended. (5-31-88, art. 42.) 1. For the law of the commonwealth as to municipal finance generally, see G.L., c. 44. As to the appointment and duties of town accountant, see ss 2-1 of this Code. As to the execution of deeds by board of selectmen, see ss 2-6. As to town treasurer-collector, see ss 2-29, 2-30. 2. For the law of the commonwealth as to appointment of finance committees, see G.L., c. 39, ss 16. 3. For the law of the commonwealth as to duties of finance committees, see G.L., c. 39, ss 16. 4. For the law of the commonwealth as to the power of town to contract generally, see G.L., c. 40, ss 4. As to proposals for certain contracts, see G.L., c. 40, ss 4B. As to purchasing agent, see G.L., c. 41, ss 103. 5. As to execution of deeds, etc., by board of selectmen, see ss 2-6 of this Code.
CHAPTER 7. GARBAGE AND REFUSE. 1
ARTICLE I. IN GENERAL
ss. 7-1. Definitions
ss. 7-2. Landfill areas - Permits required.
ss. 7-3. Same - Rules and regulations for use.
ss. 7-4. Permits and rules for filling or grading land with refuse.
ss. 7-5. Disposal of and receptacles for house offal and shellfish. ARTICLE II. TOWN SANITARY LANDFILL.
ss. 7-6. Authority of board of selectmen to make rules and regulations.
ss. 7-7. Use restricted.
ss. 7-8. Permit required to salvage materials.
ss. 7-9. Dumping to be supervised.
ss. 7-10. Dumping hours.
ss. 7-11. Mandatory recycling
ss. 7-12. Storage of Waste
ARTICLE 1. IN GENERAL.
Section 7-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Garbage. All waste animal, fish, fowl, fruit or vegetable matter produced from or resulting from the use or storage of food for human consumption. Refuse. All combustible and noncombustible rubbish, ashes and ordinary commercial wastes; provided, that building or construction wastes and industrial wastes shall not be included in this definition. Rubbish. Waste, refuse, broken or rejected matter, hence anything worthless. (10-3-72.)
Section 7-2. Landfill areas - Permits required. No public or private premises within the limits of the town shall be used as a sanitary landfill area without a permit from the board of selectmen. (10-3-72.)
Section 7-3. Same - Rules and regulations for use. The owner, agent or lessee of any land or enclosure used as a sanitary landfill area, either public or private, shall cause all offensive matter dumped thereon to be immediately covered, and all other refuse matter dumped thereon to be kept leveled, and the premises kept in such a manner as to cause no nuisance during the process of filling. No person shall dump any offensive materials upon any sanitary landfill area unless permitted to do so by the board of selectmen, and all such offensive materials shall be properly disposed of to the approval of the board of selectmen. All possible care shall be used in preventing the escape of dust and papers from the area, and from the vehicle used in conveying waste materials to the sanitary landfill area. (10-3-72.)
Section 7-4. Permits and rules for filling or grading land with refuse. Refuse may be used for filling or grading land; provided, that a permit is obtained from the board of selectmen and in accordance with any rules which the board of selectmen may prescribe. (10-3-72.)
Section 7-5. Disposal of and receptacles for house offal and shellfish. (a) House offal, commonly called garbage or swill, shall be placed in suitable watertight receptacles, properly covered and so located that the house offal may be easily removed by persons authorized by the board of health. Receptacles used for the storing of house offal shall at all times be kept in a reasonably clean condition. No metal, glass, crockery, poisonous substance or substances other than house offal shall be placed in such receptacles. (b) Shellfish shall not be emptied in the garbage container. The container used for storing shellfish shall be kept clean and free from deposits of garbage. No broken glass, cans, bottles or poisonous matters shall be placed in such a container. (10-3-72.)
ARTICLE II. TOWN SANITARY LANDFILL 2
Section 7-6. Authority of board of selectmen to make rules and regulations. The board of selectmen is hereby authorized and empowered to make rules and regulations with regard to the use of the town sanitary landfill. (10-3-72.)
Section 7-7. Use restricted. The town sanitary landfill shall be used only by residents of the Town or town taxpayers. All others will be prosecuted for trespassing unless they have received written permission to use same from the Board of Selectmen. (10-3-72; 12-11-89, art. 3)
Section 7-8. Permit required to salvage materials. Salvaging of material from the town sanitary landfill shall not be allowed, except by permit from the board of selectmen. (10-3-72.)
Section 7-9. Dumping to be supervised. No dumping of any material shall be permitted at the town sanitary landfill, except under the supervision of the person in charge. (10-3-72.)
Section 7-10. Dumping hours. The hours during which dumping at the town sanitary landfill will be permitted shall be established by the board of selectmen. (10-3-72.)
Section 7-11. Mandatory Recycling. In order to implement a program of recycling in conjunction with ordinary waste disposal, residents of every household shall separate waste materials into the following categories before depositing same for disposal: 1. Glass and cans 2. Newsprint, corrugated cardboard, and recyclable paper 3. Other waste This bylaw shall take effect November 1, 1989. (5-30-89,art. 56)
Section 7-12 Storage of Waste The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean and sanitary condition, free of nuisances resulting from the storage of garbage, refuse, and rubbish, as defined in section 7-1 of the Code of the Town of Adams. An owner shall be considered in violation of this section if the storage of these materials or other debris, junk, litter, trash or waste results in odors, pollution, or other affecting the health, safety, or well-being of the neighborhood or general public. After written notice by the Board of Selectmen, anyone violating this section shall be subject to the General Penalty provided in Section 1-8 of the Code. (art. 32, 5-26-92) 1. As to the board of health, see ss 2-31, 2-32 of this Code. As to garbage disposal in new dwelling units, see ss 4-7. As to sewers and sewage disposal, see ch. 12. As to snow removal from sidewalks, see ss 13-2, 13-3. As to zoning regulations as to litter and pollution, see ss 15-12. 2. For the law of the commonwealth as to assignment of places for public and private dumps, see G.L., c. 111, ss 150A.
Section 7 - 13 Licensing of haulers who transport garbage, solid waste and/or recyclables 1. All persons collecting acceptable wastes in the Town of Adams shall obtain a license from the Board of Health prior to commencing with the collection of solid wastes. 2. A license fee shall be paid to the Town in an amount determined by the Board of Health and approved by the Board of Selectmen. 3. The license holder shall provide on a semiannual (twice a year) basis the number of residential, municipal, commercial and industrial customers for whom they pick up solid waste. This information shall be recorded on a Town approved form. 4. The license holder shall provide on a semiannual (twice a year) basis the number of tons of solid waste and the number of tons of recyclables tipped at any licensed disposal facility. This information shall be recorded on a Town approved form. 5. A license can not be renewed without the previous year's reports being submitted. (art. 21, 5-26-98)
CHAPTER 8. MOTOR VEHICLES AND TRAFFIC. 1
ss. 8-1. Parking and impoundment of vehicles in certain places.
ss. 8-2. Parking limited to two hours between hours of 12:00 A.M. and 7:00 A.M. on all streets.
ss. 8-3. Reserved Parking Spaces for Handicapped Persons
ss. 8-4. Traffic Commission
Section 8.1. Parking and impoundment of vehicles in certain places. 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 by or under the direction of any officer and at the expense of the owner to a place where parking is permitted: (a) Upon any roadway where the parking of a vehicle will not have a clear and unobstructed lane at least twelve feet wide for passing traffic. (1-28-91 art. 3) (b) Upon any street or highway within six feet of a fire hydrant. (c) Upon or in front of any private road or driveway. (d) Upon any street or highway within twenty-five feet of an intersecting way, except alleys, excepting where street markings designate otherwise. (10-3-72.)
Section 8-2. Parking limited to two hours between hours of 12:00 A.M.and 7:00 A.M. on all streets. No driver of any vehicle shall park such vehicle in any street for a period of time longer than two hours between the hours of 12:00 A.M. and 7:00 A.M. of any day. (10-3-72.)
Section 8-3. Reserved Parking Spaces for Handicapped Persons. The owner and/or operator of a vehicle which does not bear the distinctive number plates or placard authorized by section two of chapter ninety, a vehicle transporting handicapped persons and does not display the special parking identification plate authorized by said section two of chapter ninety, or a vehicle which does not bear the official identification of a handicapped person issued by any other state, or any Canadian Province, who parks said vehicle or leaves said vehicle unattended in a public or private, on-street or off-street parking space, designated by a sign stating: "Handicapped Parking: Special Plate Required. Unauthorized Vehicles May be Removed at Owner's Expense" or in such a manner as to obstruct a curb ramp designated for use by handicapped persons as a means of egress to a street or public way shall suffer a fine of $25.00 for the first occurrence and $100.00 for any subsequent occurrence within a calendar year. (5-30-89, art. 57; 2/20/90, art. 7)
Section 8-4 Traffic Commission. (a) The Traffic Commission shall advise the Board of Selectmen on all matters of traffic safety to include, but not limited to, on-street parking, traffic flow, and traffic patterns. (b) Membership shall consist of one person from each of the following Town Departments/Boards (Public Works, Police, and Planning Board) and two citizens. Members shall be appointed by the Board of Selectmen and serve for a one year term. (1-28-91 art 4) For law of the commonwealth as to motor vehicles generally, see G.L., c. 90, ss 1 to 340. As to the law of the road, see G.L., c. 89, ss 1 et seq. As to the licensing of taxicabs by the board of selectmen, see ss 2-10 of this Code. As to the construction of garages, see 4-24. As to reporting of accidents by police, see ss 11-7. As to sledding, etc., on streets, sidewalks, etc., see ss 13-5. As to driving or drawing vehicles over sidewalk, see ss 13-6. As to the presence of unregistered motor vehicles on premises, see ss 15-15.
CHAPTER 9. OFFENSES -- MISCELLANEOUS.
ss. 9-1. Disorderly conduct, indecent language, threats, etc.
ss. 9-2. False reports - Filing.
ss. 9-3. Fences, buildings, sidewalks, etc. - Defacing or writing on.
ss. 9-4. Handbills or advertisements - Distributing.
ss. 9-5. Loitering.
ss. 9-6. Police custody - Escaping or attempting to escape.
ss. 9-7. Public property - Destroying or defacing.
ss. 9-8. Soliciting money - permits.
Section 9-1. Disorderly conduct, indecent language, threats, etc. 1 No person shall: (a) Behave in a rude, disorderly, insolent or insulting manner. (b) Make any indecent noise, sound or gesture. (c) Use indecent, profane or insulting language. (d) Make any threats, or use any other language tending to create a breach of the peace in any public way or other public place in the town, or within an audible distance of any dwelling house or other building therein. (Bylaws 1960, art. 28, ss 1, 2; 10-3-72.)
Section 9-2. False reports - Filing. No person shall knowingly file a false report, traffic or otherwise, with the police department. (10-3-72.)
Section 9-3. Fences, buildings, sidewalks, etc. - Defacing or writing on. 2 No person shall make any indecent figures or write any obscene words upon or deface by marks, in any manner, any fence, building, sidewalk, crosswalk, or ledge. (Bylaws 1960, art.. 28. ss 3; 10-3-72.)
Section 9-4. Handbills or advertisements. - Distributing. No person by himself or his agents or servants shall distribute or place in or upon any street, square, park, common, lane, alleyway or other public places any placard, handbill, flyer, poster, advertisement or paper of any description; except, that the same may be placed within the doors of stores, offices and business houses and at the doors of residences. (Bylaws 1960, art. 28. ss 11; 10-3-72.)
Section 9-5. Loitering. No person shall be or remain upon any sidewalk or upon any doorstep, portico or other projection of any house or building not owned by such person, to the annoyance or disturbance of any person, after having been duly warned by any person having authority to give such warning, nor shall persons so congregate and loaf upon any such sidewalk or in any public way or other public place in the town. (Bylaws 1960, art. 28; 10-3-72.)
Section 9-6. Police custody - Escaping or attempting to escape. No person shall escape or attempt to escape from the town jail or from custody of a police officer after a legal arrest has been made. (10-3-72.)
Section 9-7. Public property - Destroying or defacing. 3 No person shall injure, deface or destroy any street sign, guideboard, lamppost, lamp or lantern thereon, nor any tree, public lawn, grass plot, building, fence, post or other thing set, erected or made for the use of enhancement of the town. (Bylaws 1960, art. 28, ss 6; 10-3-72.)
Section 9-8. Soliciting money - Permits. No person shall solicit money on any public way or other public place, or go from house to house for the purpose of soliciting money, or sell any tag, badge or other article of any intrinsic value for the purpose of obtaining money without first having obtained permission to do so from the chief of police. Whenever it is deemed advisable, the chief of police shall obtain pertinent information of identification from solicitors or the companies they represent; and he shall issue a written permit, to which is to be attached a photograph, identifying the person to whom such permit is granted. A copy of such permit, together with an attached photograph, shall be retained for the records by the chief of police. (Bylaws 1960, art. 28, ss 13; 10-3-72.)
Section 9-9. Open Containers. No person shall consume any beer, wine, malt or alcoholic beverages, nor have in his possession, any open containers thereof upon any public way, sidewalk or town owned land. Violators of this provision shall be subject to a fine of not more than $20.00. (5-22-78, art. 67.) For law of the commonwealth as to disorderly conduct, offensive language, etc., see G.L., c. 272, ss 53. As to the authority of the town police to arrest for disorderly conduct, see G.L., c. 41, ss 98. As to authority of board of selectmen to set curfew, see ss 2-13 of this Code. 2. & 3. For law of the commonwealth as to malicious mischief generally, see G.L., c. 266, ss 94 to 138.
CHAPTER 10. PERSONNEL
ss. 10-1. Purpose and Authorization
ss. 10-2. Definitions.
ss. 10-3. Application.
ss. 10-4. Administration.
ss. 10-5. Classification Plan.
ss. 10-6. Compensation Plan.
ss. 10-7. Grievance/Appeals Process.
ss. 10-8. Adoption and Amendment of Regulations.
ss. 10-9. Severability.
ss. 10-10. Effective Date.
Section 10-1 Purpose and Authorization The purpose of this bylaw is to establish fair and equitable personnel policies and a system of personnel administration that ensures uniform, fair and efficient application of the personnel policies. This bylaw is adopted pursuant to the authority granted by Article LXXXIX of the Constitution of the Commonwealth and General Law, Chapter 41, Sections 108A and 108C.
Section 10-2 Definitions; "Town" - the Town of Adams "Position" - an officer or post of employment in Town service with assigned duties and responsibilities calling for full-time or part-time employment of one person in performance thereof. "Appointment" - the placement of a person in a position in the service of the Town. "Class" - a group of positions sufficiently similar with respect to general nature of duties, authority and responsibility. "Civil Service" - classified civil service provided for by Chapter 31 of the General Laws of Massachusetts and the rules made thereunder.
Section 10-3 Application All Town departments and positions shall be subject to the provisions of this bylaw except elected positions, and the Town Administrator. Employees subject to the Civil Service laws or a collective bargaining agreement are subject only to those provisions which are not specifically regulated by civil service law or contract. Nothing in this bylaw shall be construed to limit any rights of employees pursuant to Chapter 150E of the Massachusetts General Laws.
Section 10-4 Administration In conjunction with Sections 10 and 11 of the Town Charter, the Town Administrator shall be responsible for administration of this bylaw and regulations as approved by the Board of Selectmen. The Town Administrator may delegate responsibility to such staff assistant or assistants as deemed necessary. The Town Administrator shall: a. Act to ensure that the Town acts affirmatively in providing maximum opportunities to all persons regardless of sex, color, creed, race or national origin for entry-level and promotional positions and provides equal treatment in all other aspects of personnel management. b. Establish written rules and regulations, subject to the approval of the Board of Selectmen, consistent with the purposes and provisions of this bylaw. c. Be responsible for the recruitment, selection, appointment and removal of all employees subject to this bylaw. d. Maintain a centralized personnel record keeping system.
Section 10-5 Classification Plan A position classification plan for all employees subject to this bylaw shall be established, based on similarity of duties performed and responsibilities assumed so that the same qualifications may be reasonably required for, and the same schedule of pay may be equitable applied to, all positions in the same class. No employee may be appointed to a position not included in the classification plan.
Section 10-6 Compensation Plan A compensation plan for all positions subject to this bylaw shall be established and amended by action of the Town Administrator with approval of the Board of Selectmen and Town Meeting. The compensation plan shall consist of: a. A schedule of pay grades including minimum, maximum and intermediate rates of each grade. b. An official list indicating the assignment of each class of position to specific pay grades.
Section 10-7 Grievance/Appeals Process Employees are entitled to have grievances and concerns regarding their employment heard in a fair, equitable and timely manner. The increase or decrease of general wage rates or salaries shall not be the subject of a grievance. A grievance procedure shall be established for all employees subject to this bylaw.
Section 10-8 Adoption and Amendment of Regulations a. Promulgation The Town Administrator shall promulgate regulations, subject to the approval of the Board of Selectmen, further defining the personnel policies and procedures of the Town. b. Adoption of Regulations The personnel regulations shall be adopted or amended as follows: 1. The Town Administrator or designee shall prepare the regulations. 2. These regulations shall be submitted to the Board of Selectmen who shall have thirty (30) days to act thereon. Said regulations shall become effective after thirty (30) days if the Board of Selectmen fails to act thereon. c. Maintenance and Annual Review The Town Administrator shall annually review the personnel regulations and recommend amendments to the Board of Selectmen. The Town Administrator shall compile and maintain a compilation of all regulations adopted by the Board of Selectmen. Copies of the compiled regulations shall be provided to all Department Heads and be available for inspection by employees.
Section 10-9 Severability The provisions of this bylaw and any administrative regulations, adopted pursuant to this bylaw, are severable. If any bylaw provisions or administrative regulations are held invalid, the remaining provisions of the bylaw or administrative regulations shall not be effected thereby.
Section 10-10 Effective Date This bylaw shall take effect at the earliest date allowed by law. (5-30-89, art. 59.
CHAPTER 11. POLICE. 1
ss. 11-1. Composition of department.
ss. 11-2. Powers and duties of chief generally; presence of officer at station.
ss. 11-3. Care of station and annual report.
ss. 11-4. Suspending police officers and report.
ss. 11-5. Special officers.
ss. 11-6. Engaging in outside activities while on duty.
ss. 11-7. Reporting of accidents.
Section 11-1. Composition of department. The police department shall consist of a chief of police, captains and such number of police officers as the board of selectmen shall deem necessary. (Bylaws 1960, art. 8, ss 1.)
Section 11-2. Powers and duties of chief generally; presence of officer at station. The chief of police shall be the head of the police department, subject to the general supervision and control of the board of selectmen. He shall have control of the department, its officers and members and constables and special police officers when in the service of the department. He shall be responsible for the discipline and efficiency of his department and shall enforce the rules and regulations thereof. There shall be an officer assigned to duty at the police station during all twenty-four hours of the day. The chief of police shall keep an account of all duties performed and of all absences from duty, with the causes thereof. He shall take notice of all nuisances, defects and obstructions in the streets and other public places in the town and shall take over all proper measures relative thereto. He shall devote his whole time to the duties of his office and shall have his office at the police station. (Bylaws 1960, art. 8, ss 2.)
Section 11-3. Care of station and annual report. The chief of police shall have the care of the police station, of all property of the town used by the department and shall keep a full and complete record of the police department's business. He shall make reports at such time as may be required by the board of selectmen, regarding the doing of his department. He shall annually make a written report to the board of selectmen, to be printed in the annual town report, of the organization and condition of the police department, with a resume of the business and expenses of the department for the preceding year, together with such recommendations as he may think advisable for the future conduct of the department. (Bylaws 1960, art. 8, ss 3.)
Section 11-4. Suspending police officers and report. The chief of police shall have the power to temporarily relieve from duty any of his subordinates for neglect or nonperformance of duty, for any act contrary to good order and discipline or for the violation of any of the rules and regulations of the police department. In such case, he shall within forty-eight hours furnish the board of selectmen, in writing, a statement of his reasons for relieving such subordinates from duty. (Bylaws 1960, art. 8, ss 4.)
Section 11-5. Special officers. The board of selectmen, at their pleasure or upon written request, may appoint citizens of the town of good moral character and habits and twenty-one years of age or over, as special police officers for specific duties. Appointments shall be for a period of one year, unless terminated sooner by resignation or revocation by the board of selectmen on recommendation of the chief of police. All special police officers shall be subject to the authority of the chief of police and shall not carry firearms except by his express authorization. Badges and instructions as to their duties shall be furnished by the police department. (Bylaws 1960, art. 8, ss 7.)
Section 11-6. Engaging in outside activities while on duty. The chief of police and each regular member of the police department shall devote his entire time to the business of the police department. Any other activities must have the chief of police's approval. (Bylaws 1960, art. 8, ss 5.)
Section 11-7. Reporting of accidents. It shall be the duty of each police officer patrolling a regular beat to immediately report all accidents happening on the public way involving injury to persons or property for which the town may be liable, and he shall make a careful investigation, securing the names and addresses of all persons involved and witnesses thereto. He shall incorporate the same in his report to the chief of police, who in turn shall make a full written report immediately thereof to the board of selectmen. (Bylaws 1960, art. 8, ss 6.) 1. For law of the commonwealth as to police officers generally, see G.L., c 41, ss 96 to 101. As to powers and duties of police officers generally, see G.L., c. 41, ss 98. As to proposal and enforcement of rules and regulations governing police by board of selectmen, see ss 2-8 of this Code. As to the filing of false reports with police department, see ss 9-2. As to escaping or attempting to escape from police custody, see ss 9-6. As to personnel generally, see ch. 10.
CHAPTER 12. SEWERS AND SEWAGE DISPOSAL. 1
ARTICLE I. IN GENERAL
ss. 12-1. Definitions.
ss. 12-2. Use of public sewers generally; construction or installation of cesspool, septic tank, privy, etc.; issuance of building permits.
ss. 12-3. Entry of inspectors for inspection, testing, etc.
ss. 12-4. Injuring, defacing, etc., sewage works.
ss. 12-5. Causing or permitting surface or roof water to enter sanitary sewer system.
ss. 12-6. Notice of violation; continuance of violation after notice; liability of violator for loss, expense, etc., suffered by town.
ARTICLE II. INSTALLATION AND CONNECTION OF SEWERS.
ss. 12-7. Permits - Required
ss. 12-8. Same - Classes, applications and fees for building sewers.
ss. 12-9. Costs; indemnification of town for loss or damage.
ss. 12-10. Separate connection for each building required; exception. ss. 12-11. Use of old building sewers in connection with new buildings.
ss. 12-12. Construction methods and materials to conform with certain codes and regulations.
ss. 12-13. Elevation of building sewer.
ss. 12-14. Roof downspouts, foundation drains, etc.
ss. 12-15. Applicability of A.S.T.M. and W.P.C.F. manual of practice; tightness of connection.
ss. 12-16. Notice of readiness for inspection and connection; supervision of connection.
ss. 12-17. Barricading and lighting of excavations; restoration of disturbed streets, sidewalks, etc. ARTICLE III. USE OF SEWERS.
ss. 12-18. Discharge of surface water, industrial process water, etc.
ss. 12-19. Prohibited discharges.
ss. 12-20. Conditional discharges - Generally.
ss. 12-21. Same - Actions of superintendent on determination of hazardous condition, etc.
ss. 12-22. Grease, oil and sand interceptors.
ss. 12-23. Maintenance of preliminary treatment and flow-equalizing facilities.
ss. 12-24. Control manholes and related appurtenances to be installed and maintained by owner.
ss. 12-25. Testing methods.
ss. 12-26. Industrial concern may contract with city for waste treatment.
ARTICLE I. IN GENERAL.
Section 12-1. Definitions. For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section: Average Daily Flow. The total volume of sewage in gallons measured at a metering station or other point during a continuous period of 365 days divided by 365. Biochemical oxygen demand or BOD. The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees centigrade, expressed in milligrams per liter. Building drain. That part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet, 1.5 meters, outside the inner face of the building wall. Building sewer. The extension from the building drain to the public sewer or other place of disposal. Categorical Pretreatment Standards. Pollutant discharge limitations for specific industrial user categories promulgated under federal law by the U.S. Environmental Protection Agency. Combined sewer. A sewer receiving both surface-runoff and sewage. Garbage. Solid wastes from the domestic and commercial preparation, cooking and dispensing of food and from the handling, storage and sale of produce. Industrial wastes. The liquid wastes from industrial manufacturing processes, trade or business as distinct from sanitary sewage. Interfere. An inhibition or disruption of the Town's wastewater works, its treatment processes or operations, or its sludge processes, use or disposal, which is a cause of, or significantly contributes to a violation of any requirement of the Town's NPDES permit (including an increase in the magnitude or duration of a violation) or the prevention of sewage sludge use or disposal. Major Industrial User. An industry discharging wastewater to a public sewer with: (i) an average daily flow greater than five thousand gallons per day, (ii) a maximum daily flow greater than ten thousand gallons per day, (iii) pollutants that may interfere with or passthrough the Town's wastewater works, (iv) toxic amounts of pollutants, or (v) pollutants from an industrial process regulated by categorical pretreatment standards. Maximum Daily Flow. The highest volume in gallons measured at a metering station or other point during any continuous twenty-four hour period. Natural Outlet. Any outlet into a watercourse, pond, ditch, lake or other body of surface or groundwater. Pass Through. Quantities or concentrations of pollutants that cause or significantly contribute to a violation of the Town's NPDES permit (including an increase in the magnitude or duration of a violation caused by another source). pH. The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution. Properly Shredded Garbage. The wastes from the preparation, cooking and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch, 1.27 centimeters, in any dimension. Public Sewer. Any sewer owned or maintained by the City and any sewer situated outside the City that is owned or maintained by a city, town, or district that discharges into the Town's wastewater treatment works. Sanitary Sewer. A sewer which carries sewage and to which storm, surface and groundwaters are not intentionally admitted. Sewage. A combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface and storm-waters as may be present. Sewage Treatment Plant. Any arrangement of devices and structures used for treating sewage. Sewage Works. All facilities for collecting, pumping, treating and disposing of sewage. Sewer. A pipe or conduit for carrying sewage. Slug. Any discharge of water, sewage or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen minutes, more than five times the average twenty-four hour concentration or flows during normal operation. Storm Drain or Storm Sewer. A sewer which carries storm and surface waters and drainage, but excludes sewage and industrial wastes, other than unpolluted cooling water. Superintendent. The superintendent of the waste water treatment plant of the town or his authorized deputy, agent or representative. Suspended Solids. Solids that either float on the surface of or are in suspension in water, sewage or other liquids and which are removable by laboratory filtering. Watercourse. A channel in which a flow of water occurs, either continuously or intermittently. (5-12-72, Art. 1.)
Section 12-2. Use of public sewers generally; construction or installation of cesspool, septic tank, privy, etc.; issuance of building permits. 2 (a) The owner or other person having control of any existing building or buildings hereafter erected or converted into a dwelling to be occupied by one or more families and from which a public sewer is accessible shall, in a manner and within a period of time satisfactory to the board of health, cause such building to be connected with such public sewer. (b) No cesspool, septic tank, permanent vault, privy or other means of sewage disposal shall hereafter be constructed or installed in this town until a permit has first been obtained from the board of health. (c) No building permit for a dwelling house or other inhabited building shall be issued until the board of health has approved the proposed lot as suitable from a sanitary point of view for human habitation. No building permit shall be issued for a dwelling house on an unsewered street until a permit for a sewage disposal installation has been obtained from the board of health. (10-3-72.)
Section 12-3. Entry of inspectors for inspection, testing, etc. (a) The superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all properties for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter; except, that they shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers of water-ways or facilities for waste treatment. (b) While performing the necessary work on private properties referred to in subsection (a) of this section, the superintendent or duly authorized employees of the town shall observe all safety rules applicable to the premises established by the company. The company shall be held harmless for injury or death to the town employees, and the town shall indemnify the company against loss or damage to its property by town employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in section 12-24. (c) The superintendent and other duly authorized employees of the town bearing proper credentials and identification shall be permitted to enter all private properties through which the town holds a duly negotiated easement for the purposes of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within such easement; provided, that all entry and subsequent work, if any, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. However, where a conflict exists with Section 12-27; Section 12-27 shall supercede this section. (5-12-72; 9-10-84 art. 1.)
Section 12-4 Injuring, defacing, etc., sewage works. No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the sewage works. Any person violating this provision shall be subject to immediate arrest under charge of disorderly conduct. (5-12-72, art. 4.)
Section 12-5. Causing or permitting surface or roof water to enter sanitary sewer system. No owner or person in control of premises shall knowingly cause or permit surface or roof water from such premises to enter the sanitary sewer system of the town. (10-3-72)
Section 12-6. Notice of violation; continuance of violation after notice; liability of violator for loss, expense, etc., suffered by town. (a) Any person who shall violate any provisions of this chapter, except section 12-4, shall be served by the town with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (b) Any person who shall continue any violation beyond the time limit provided for in subsection (a) of this section shall be guilty of a misdemeanor. (c) Any person violating any of the provisions of this chapter shall become liable to the town for any expense, loss or damage occasioned the town by reason of such violation. (d) Any person or legal entity violating any of the provisions of this bylaw shall be liable for a civil penalty not to exceed Five Thousand (5,000) Dollars for each day of violation of any such rule or regulation under authority granted by Section 10 of Chapter 83 of the General Laws, as amended. (5-12-72, Art. 6; 5-30-89 - art. 52.)
ARTICLE II. INSTALLATION AND CONNECTION OF SEWERS.
Section 12 - 7. Permits - Required. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the superintendent. (5-12-72, art. 2, ss l.)
Section 12-8. Same - Classes, applications, and fees for building sewers. There shall be two classes of building sewer permits; 1) for service to buildings producing residential or commercial wastes, and 2) for service to buildings producing industrial wastes. The owner or his agent shall make application on a special form furnished by the Town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgement of the superintendent. Permit fees for each class shall be set by the Board of Selectmen. (5-12-72, art. 2, ss 2: 5-29-90, art. 6.)
Section 12-9. Costs; Indemnification of Town for loss or damage. The Board of Selectmen may enter into an agreement with a developer or other person to construct and install a sewer in a public way in accordance with Town standards at no cost to the Town, upon such terms and conditions as they deem to be in the best interest of the Town, said sewer to become Town property upon its completion. All costs and expenses incidental to the installation and connection of sewers within a public way (from an existing sewer line to the point of entry upon said private property) shall be borne by the person making application for connection according to a fee schedule set by the Board of Selectmen. (5-12-72, art. 2 ss 3; 5-24-76 art. 67; 12-11-89, art. 5; 5-29-90, art. 7)
Section 12-10. Separate connection for each building required; exception. A separate and independent building sewer shall be provided for every building; except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard or driveway, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (5-12-72, art. 2, ss 4.)
Section 12-11. Use of old building sewers in connection with new buildings. Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the superintendent, to meet all requirements of this chapter. (5-12-72, art. 2, ss 5.)
Section 12-12. Construction methods and materials to conform with certain codes and regulations. The size, slope, alignment, materials of construction of a building sewer and the methods to be used in excavating, placing of the pipe, jointing, testing and backfilling the trench shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the town. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A. S. T. M. and W. P. C. F. manual of practice no. 9 shall apply. (5-12-72, art. 2, ss 6.)
Section 12-13. Elevation of building sewer. Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such building drain shall be lifted by an approved means and discharged to the building sewer. (5-12-72, art. 2, ss 7.)
Section 12-14. Roof downspouts, foundation drains, etc. 3 No person shall make connection of roof downspouts, exterior foundation drains, areaway drains or other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer. (5-12-72, art. 2, ss 8.)
Section 12-15. Applicability of A.S.T.M. and W.P.C.F. manual of practice; tightness of construction. The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the town, or the procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. manual of practice. no. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the superintendent before installation. (5-12-72, art. 2, ss 9.) ADAMS
Section 12-16. Notice of readiness for inspection and connection; supervision of connection. An applicant for the building sewer permit shall notify the superintendent when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the superintendent or his representative. (5-12-72, art. 2, ss 10.)
Section 12-17. Barricading and lighting of excavations; restoration of disturbed streets, sidewalks, etc. All excavations for building sewer installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the town. (5-12-72, art. 2, ss 11.)
ARTICLE III. USE OF SEWERS. 4
Section 12-18. Discharge of surface water, industrial process water, etc. No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. (a) Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designed as combined sewers or storm sewers or to a natural outlet approved by the superintendent. (b) Industrial cooling water or unpolluted process waters may be discharged, on approval of the superintendent, to a storm sewer, combined sewer or natural outlet. (5-12-72, art. 3, ss 1, 2.)
Section 12-19. Prohibited discharges. No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewer: (a) Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas. (b) Any waters or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance or create any hazard in the receiving waters of the sewage treatment plant. (c) Any waters or wastes having a pH lower than 5.5 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works. (d) Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of sewage works such as, but not limited to, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, underground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders. (5-12-72, art. 3, ss 3.)
Section 12-20. Conditional discharges - Generally. No person shall discharge or cause to be discharged the following described substances, materials, waters or wastes if it appears likely, in the opinion of the superintendent, that such wastes can harm either the sewers, sewage treatment process or equipment having an adverse effect on the receiving stream, can otherwise endanger life, limb, public property or can constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the superintendent will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are: (a) Any liquid or vapor having a temperature higher than one hundred fifty degrees Fahrenheit, sixty-five degrees centigrade. (b) Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred mg/1 or containing substances which may solidify or become viscous at temperatures between thirty-two and one hundred fifty degrees Fahrenheit, zero and sixty-five degrees centigrade. (c) Any garbage that has not been property shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower, 0.76 hp. metric, or greater shall be subject to the review and approval of the superintendent. (d) Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions, whether neutralized or not. (e) Any waters or wastes containing iron, chromium, copper, zinc and similar objectionable or toxic substances or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the superintendent for such materials. (f) Any waters or wastes containing phenols or other taste or odor-producing substances in such concentrations exceeding limits which may be established by the superintendent as necessary after treatment of the composite sewage to meet the requirements of the state, federal or other public agencies or jurisdiction for such discharge to the receiving waters. (g) Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the superintendent in compliance with applicable state or federal regulations. (h) Any waters or wastes having a pH in excess of 9.5. (i) Materials which exert or cause: (1) Unusual concentrations of inert suspended solids such as, but not limited to, fuller's earth, lime slurries and lime residues or of dissolved solids such as, but not limited to, sodium chloride and sodium sulfate. (2) Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning solutions. (3) Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works. (4) Unusual volume of flow or concentration of wastes constituting slugs as defined in this chapter. (j) Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (5-12-72, art. 3, ss 4.)
Section 12-21. Same - Actions of superintendent on determination of hazardous condition, etc. If any waters or wastes are discharged or are proposed to be discharged to the public sewers which contain the substances or possess the characteristics enumerated in subsection (a) of this section and which in the judgement of the superintendent may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the superintendent may: (a) Reject the wastes. (b) Require pretreatment to an acceptable condition for discharge to the public sewers. (c) Require control over the quantities and rates of discharge. (d) Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 12-26. (e) If the superintendent permits the pretreatment of equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the superintendent and be subject to the requirements of all applicable codes, provisions of this Code or other bylaws of the town. (5-12-72, art. 3, ss 4, 5.) The Superintendent may immediately halt or prevent any discharge of pollutants to a public sewer that reasonably appears to present an imminent endangerment to the health or welfare of persons, or any such discharge presenting (or which may present) an endangerment to the environment or which threatens to interfere with operation of the City's wastewater works. Actions which may be taken by the Superintendent include, but are not limited to, seeking ex parte temporary injunctive relief, entry on private property to halt such discharge, blockage of a public sewer to halt such discharge, or demand of specific action by the discharger. The Superintendent may seek injunctive relief to enforce the terms of an industrial discharge permit or this ordinance. The Superintendent may establish pollutant discharge concentrations or mass loadings as necessary to protect the sewage works as well as to ensure compliance with federal, state and local regulations. The Superintendent shall notify industries that are subject to Section 12-27 of applicable federal, state and local pretreatment regulations, including but not limited to pollutant discharge limitations, compliance deadlines and any revisions to such regulations. (9-10-84, art. 1.)
Section 12-22. Grease, oil and sand interceptors. Grease, oil and sand interceptors shall be provided when, in the opinion of the superintendent, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except, that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the superintendent and shall be located as to be readily and easily accessible for cleaning and inspection. (5-12-72, art. 3, ss 6.)
Section 12-23. Maintenance of preliminary treatment and flow-equalizing facilities. Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (5-12-72, art. 3, ss 7.)
Section 12-24. Control manholes and related appurtenances to be installed and maintained by owner. When required by the superintendent, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole, together with such necessary meters and other appurtenances in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safety located and shall be constructed in accordance with plans approved by the superintendent. The manhole shall be installed by the owner at his expense and shall be maintained by him so as to be safe and accessible at all times. (5-12-72, art. 3, ss 8.)
Section 12-25. Testing methods. All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of "Standard Methods for the Examination of Water and Wastewater," published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. The particular analyses involved will determine whether a twenty-four hour composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, but not always, BOD and suspended solids analyses are obtained from twenty-four hour composites of all outfalls, whereas pH's are determined from periodic grab samples. (5-12-72, art. 3, ss 9.)
Section 12-26. Industrial concern may contract with city for waste treatment. No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the town and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the town for treatment, subject to payment therefor, by the industrial concern. (5-12-72, art. 3, ss 9.) Any agreement with an industrial concern shall require compliance with categorical pretreatment standards, unless a waiver is expressly granted under the applicable regulations. In no case can federal prohibited discharge standards be waived. (Amended September 10, 1984, art. 1.)
Section 12-27. Industrial Pretreatment Program Requirements. (a) All persons discharging wastewater into a public sewer shall comply with federal and state industrial pretreatment regulations (as amended). Industries shall comply with federal and state general pretreatment standards and with applicable categorical standards. Compliance with such standards shall be achieved no later than the date such standard is effective, unless a shorter compliance time is specified by the Superintendent. (b) The Superintendent shall randomly sample and analyze the discharges of industries connected to a public sewer and shall conduct surveillance and inspection activities to identify, independent of information supplied by such persons, occasional and continuing non-compliance with this ordinance (as amended). Such activities may be conducted without prior notice and need not be confined to normal business hours. (c) Within 120 calendar days after the effective date of the by-laws amendment, major industrial users shall apply for an industrial discharge permit. Such application shall be made by completing a form developed by the Superintendent. Beginning 240 calendar days after the effective date of this ordinance amendment, no major industrial user may continue to discharge wastewater to a public sewer without an industrial discharge permit duly issued by the Superintendent. (d) The terms of an industrial discharge permit may be modified by the Superintendent and a reasonable time provided for compliance with such modified terms. Violations of the terms of such permits are violations of the by-laws. Where a conflict exists between the terms of a duly issued permit and the by-laws, the permit shall govern. However, under no circumstances can federal and state regulations be waived, unless done so in accordance with appropriate procedures for variances or waivers. Permits may be issued for a maximum period of three years and may not be transferred to a new owner or occupant of the premises without the Superintendent's written approval. A permit may be revoked by the Superintendent if its terms are not met. (e) All new major industrial users proposing to discharge wastewater to a public sewer shall apply for an industrial user discharge permit at least 60 calendar days before connecting to the public sewer. As part of such application, the Superintendent may require the applicant to obtain written certification from the appropriate federal and state regulatory agencies as to whether the applicant falls within particular industrial categories or subcategories for purposes of industrial pretreatment standards. (f) Within 90 calendar days after adoption by a federal or state regulatory agency of a categorical pretreatment standard, existing industries subject to such standards shall submit an application to amend the industrial discharge permit. This application for an amendment shall contain information required under applicable federal and state industrial pretreatment reporting regulations in the form required by the Superintendent. (Such a permit amendment application is in addition to the industrial user discharge permit application required above.) Such information, as a minimum, shall include: - the name and address of the facility, including the name of the operators and the owners; - a list of all environmental permits held by or for the facility; - a brief description of the nature, average rate of production, and Standard Industrial Classification of the operations carried out at such facility; - a schedule of actions to be taken to comply with the categorical standards; information showing the measured average daily and maximum daily flow, in gallons per day, to the public sewer from regulated process streams and from other streams; - an identification of the industrial pretreatment standards applicable to each regulated process; and - an analysis identifying the nature and concentration of pollutants in the discharge. The Superintendent may require that additional information be included in such application. (g) Beginning 180 calendar days after the adoption of federal or state categorical pretreatment standards, industries subject to such standards may not discharge industrial wastes from processes regulated by such categorical standards to a public sewer, unless an industrial discharge permit amendment is approved by the Superintendent and its terms are being met. Such permit amendment may include a compliance schedule for activities necessary to meet pretreatment standards. (h) Within 90 days after the date for final compliance by existing industries with applicable categorical pretreatment standards, or in the case of a new source, following commencement of the introduction of wastewater into a public sewer, such industries shall submit a report indicating the nature and concentration of pollutants in the discharge from the regulated process(es) as governed by categorical pretreatment standards and the average and maximum daily flow for these process units. Such report shall state whether the applicable pretreatment standards are being met on a consistent basis and, if not, what additional operation and maintenance practices or pretreatment is necessary. Such industrial users shall also submit before June 1 and December 1 of each year, unless required more frequently by the Superintendent, a report indicating the nature and concentration of pollutants in the discharge, average and maximum daily flows, and violations of applicable categorical pretreatment standards. Additional requirements for such periodic reports may be imposed by the Superintendent. (i) Industries shall immediately (no later than 24 hours) notify the Superintendent in person or by telephone followed by written notice (within 5 days) of any slug discharged by such user. (j) Reports and permit applications submitted by industries under this ordinance shall be signed by an authorized representative. An authorized representative may be: - A principal executive officer of at least a level of vice president, if the industrial user is a corporation. - A general partner or the proprietor, if the industrial user is a partnership or sole proprietorship: or A duly authorized representative of either of the individuals designated above, if such representative is responsible for the overall operation of the subject facility. (k) Industries subject to the reporting requirements of the by-laws shall maintain records of information resulting from monitoring activities required to prepare such reports. Such records shall include for each sample: - the dates, exact place, method and time of sampling and the names of person or persons taking the sample; - the dates analyses were performed; - the name(s) of the person(s) performing the analyses; - the analytical techniques and methods used; and - the results of such analyses. Such records shall be maintained for a minimum of three years and shall be made available for inspection and copying by the Superintendent. (l) Information and data submitted to the Superintendent relating to wastewater discharge characteristics shall be available to the public and governmental agencies without restriction. Other such information shall be available to the public and governmental agencies without restriction, unless the person providing such information specifically requests and is able to demonstrate to the satisfaction of the Superintendent that the release of such information would divulge processes or methods of production entitled to protection as trade secrets. Trade secrets shall not be made available for inspection by the public, but may be made available upon the written request of governmental agencies for their use regarding this ordinance, the National Pollutant Discharge Elimination System (NPDES) permit, and State Disposal System permits and/or the pretreatment program. Information accepted by the Superintendent as being a trade secret shall not be provided by the Superintendent to any governmental agencies, unless a 10 day notification thereof is given to the person who provided the trade secret to the Superintendent. (m) No person may utilize dilution as a means of complying with federal, state or local discharge limitations. The Superintendent may impose mass limitations (in addition to concentration limitations) on the discharge of any pollutant by any person. (n) The Superintendent shall annually publish the names of industries causing significant violations of this ordinance during the previous twelve months in the largest daily newspaper published in the City. For purposes of this provision, a significant violation includes: (i) a violation remaining uncorrected forty-five days after notification of noncompliance; (ii) a failure to accurately report noncompliance; or (iii) a violation resulting in the Superintendent's exercise of emergency powers under Section 12-21. (9-10-84, art. 1) For law of the commonwealth as to sewers and drains generally, see G.L., c. 83. As to authority of the town to establish and regulate common sewers, see G.L., c. 40, ss 21. As to the board of health, see ss 2-31, 2-32 of this Code. As to garbage and refuse generally, see ch. 7. As to snow removal from sidewalks, see ss 13-2, 13-3. As to the erection and maintenance of gutters, barriers, etc., on streets and sidewalks generally, see ss 13-4. As to zoning regulations with respect to litter and pollution, see ss 15-12. 2. For law of the commonwealth as to connection to common sewer, see G.L., c 83, ss 11. 3. For law of the commonwealth requiring separate systems for plumbing for storm waters and sewage, see G.L., c. 83, ss 5. 4. For law of the commonwealth as to enforcement of laws as to sewers and drains, see G.L., c 83, ss 13. As to sewage disposal, see G.L., c. 83, ss 5 to 7.
CHAPTER 13. STREETS AND SIDEWALKS. 1
ss 13-1. Numbering of buildings.
ss 13-2. Snow - Removal from sidewalks required on certain streets.
ss 13-3. Same - Throwing or pushing in public way.
ss 13-4. Erection and maintenance of gutters, barriers, etc.
ss 13-5. Sledding, etc., on streets, sidewalks, etc.
ss 13-6. Driving or drawing vehicles upon sidewalks.
ss 13-7. Laying out town ways for acceptance generally.
ss 13-8. Acceptance of older unaccepted streets and private ways.
ss 13-9. Acceptance of street with no storm water or domestic sewers.
ss 13-10. Street openings and curb cuts.
ss 13-11. Temporary repairs to private ways.
ss 13-12. Stormwater runoff onto public streets.
Section 13-1. Numbering of buildings. 2 The board of selectmen may order numbers to be affixed to or painted on the building on any public or private way, in their discretion. The owner of every house shall comply with such order within ten days thereafter. (Bylaws 1960, art. 26.)
Section 13-2. Snow - Removal from sidewalks required on certain streets. 3 The tenants and, in case there be no tenant, the owner or any person having the care or control of any building or lot land bordering on any street or parts or portions of streets within the limits of the town fire district shall not allow any snow to remain upon any sidewalk in front of such lot or building for twenty-four consecutive hours, but shall cause the same, within that time, to be reasonably removed from the entire width of such walks. (Bylaws 1960, art. 30, ss 1; 10-3-72.)
Section 13-3. Same - Throwing or pushing in public way. No person shall shovel, plow, push or throw snow out into a public way. (10-3-72.)
Section 13-4. Erection and maintenance of gutters, barriers, etc. 4 Every owner of a building adjoining a street or public way shall erect and maintain suitable barriers, gutters and conduits or some other suitable measure to prevent the falling of snow, ice, rain water and melted snow and ice from such building upon any person travelling or passing in such street or way or upon any sidewalk or foot way. (Bylaws 1960, art. 30, ss 2; 10-3-72.)
Section 13-5. Sledding, etc., on streets, sidewalks, etc. 5 No person shall course, coast or slide down, across, in or along any of the streets, sidewalks or public ways of the town upon any sled or any other type of implement that could be put to such a use, except upon such streets or places as the board of selectmen may by public notice designate. (Bylaws 1960, art. 28, ss 9; 10-3-72.)
Section 13-6. Driving or drawing vehicles upon sidewalks. No person shall drive, wheel or draw any vehicle upon any sidewalk in the town, nor shall any person drive or draw any vehicle propelled by hand power across any sidewalk where no driveway has been constructed, except for the removal of snow or at the direction of the board of selectmen or their agents. This section does not apply to Police Officers when engaged in the lawful performance of their duties, children's carriages drawn by hand, to tricycles, wheelchairs that are pushed or power driven and 3-way scooters and to hand carts used for business. (10-3-72; 5/27/97 art. 27)
Section 13-7. Laying out town ways for acceptance generally. No town way shall be laid out for acceptance without the following minimum requirements: (a) The proposed street shall conform with the Rules and Regulations Governing the Subdivision of Land, as adopted by the town meeting members and which became effective October 30, 1963. (b) There shall be placed on file with the board of selectmen an approved plan and profile in duplicate; one copy shall be filed with the town clerk when the board of selectmen recommend the street for acceptance, and the second copy shall be placed in the town vault. (c) The grade shall be satisfactory to the superintendent of streets, who in turn shall not approve the same unless he shall have had a written report from a registered civil engineer that the grade is proper. (Bylaws 1960, art. 24, ss 2; 3-28-66.)
Section 13-8. Acceptance of older unaccepted streets and private ways. Any way in existence and built on may be accepted by the town if it is in conformity with the following requirements; (a) The way must have been in existence and built on prior to March 20, 1950. (b) It must be a minimum of eighteen feet in width, with an assessed valuation of not less than twenty-five thousand dollars. (c) Any way failing to meet the requirements of subsection (b) of this section, as to width, may be accepted by the town if so Arecommended by the board of selectmen, and if it is determined after investigation that justice warrants such acceptance. (d) Before presenting the proposed acceptance to the town meeting, the board of selectmen shall, at town expense, prepare a proper layout and cause a plan and profile to be filed in the town clerk's office. (e) Proper waivers, releases or quitclaim deeds to the town shall have been executed by property owners abutting the proposed town way, conditioned upon the acceptance of the streets by the town as a town way, which shall be recorded in the county registry of deeds upon an affirmative vote by the town as to the acceptance of that street. (Bylaws 1960, art. 24, ss 3; 3-20-61; 3-25-68.)
Section 13-9. Acceptance of street with no storm water or domestic sewers. Whenever the board of selectmen shall recommend for acceptance a street upon which storm water or domestic sewers have not been laid, they shall append to their layout a statement of the superintendent of streets, as to the estimated expense of laying such sewers in such street, and this estimate shall be forwarded to the finance committee. When the finance committee makes its recommendation, whether for or against the acceptance of such proposed street as a town way, they shall embody therein for the benefit of the town meeting members the superintendent of streets' estimate of the cost of installing storm or domestic sewers in the proposed street. (Bylaws, 1960, art. 24, ss 4.)
Section 13-10. Street Openings and Curb Cuts No person shall disturb the surface of any street, sidewalk, parkway or other public property for any reason without the permission of the Board of Selectmen. Application for permission shall be on a special form furnished by the Town. The permit application shall be supplemented by any plans, specifications or other information considered pertinent in the judgement of the Director of Community Development. A permit fee, as set by the Board of Selectmen, shall accompany all applications. Prior to the issuance of a permit, the applicant shall make a deposit in an amount as determined by the Director of Community Development. The deposit shall be in the form of cash, certified check or a Performance Bond. The Board of Selectmen shall establish regulations governing street openings and curb cuts. (5-29-90, art. 8)
SECTION 13-11 TEMPORARY REPAIRS TO PRIVATE WAYS A. Eligibility Requirements - The Town may make temporary repairs on private ways which meet the following criteria: 1) open to public use (as defined by continuous unrestricted access by the public for the six years preceding May 25, 1992); serves public need and necessity or provides sole access to two or more separate residential lots with dwellings in continuous existence for six years preceding May 25, 1992; 3) the maintenance of which is required for the protection of health and safety of the general public; 4) if 100% of the abutters on the affected way petition for the repairs, indemnify the Town for any and all claims and damages which may result from making such repairs and agree to pay applicable costs as described herein; 5) abutters agree to provide, at no cost to the Town, all easements adjacent to and beyond the limits of the way, for drainage and repairs as deemed necessary by the Director of Public Works. B. Scope of Work 1) The repair shall be limited to minor work such as filling, patching, surface treatment, and grading or scraping twice per year. (Art. 21 6/10/96) 2) All such temporary repair work to be undertaken shall be limited to those required to make the way reasonably passable and shall only include the filling of holes and regrading of the surface of such ways and installation of drainage, if determined to be necessary by the Director of Public Works and approved by the Town Administrator. Paving overlays, not more than 1 1/2 inches thick, may be undertaken only if the Director of Public Works determines that it is the most cost effective solution and the existing road is already paved. (Art. 21 6/10/96) 3) Materials used for the repairs shall be similar to those currently in existence on the subject way where practicable, otherwise similar to those used in comparable locations, and may include bituminous material when deemed necessary by the Director of Public Works. 4) If drainage work is deemed necessary by the Director of Public Works, it shall be the responsibility of the abutters to have the drainage improvements installed prior to any repair activity or to pay for the cost as provided below. C. Cost of Repairs 1) Costs incurred by the Town for Temporary Repairs shall not exceed $500.00 per way (except in the case of an overlay, the average cost of road treatment shall not exceed $15 per lineal foot) in any fiscal year (excluding the cost of DPW labor and DPW equipment). (art. 21 6/10/96) 2) The cost of all drainage improvements will be the sole responsibility of the property owners on the affected way. No such drainage improvements to be undertaken by the Town shall commence unless and until a cash deposit, equal in amount to the estimated cost of such repairs as determined by the Director of Public Works, is paid to the Town. D. Liability 1) The Town shall not be liable for any damage whatsoever, caused by such repairs and Section 25 of Chapter 84 shall not apply. The Town shall require property owners abutting the way and drainage improvements to indemnify the Town for any and all claims and damages which may result from making such repairs. 2) No such repairs shall be done unless there is a unanimous agreement by all affected property owners that the work should commence and the Town of Adams shall be held harmless from any and all damages or claims arising out of such repairs. Massachusetts General Laws, Chapter 84, Section 25 shall not apply. (Art. 29, 5-26-92)
Section 13-12 Stormwater Runoff onto Public Streets Every owner of property adjoining a public way or any street publicly maintained, shall provide adequate drainage control, barriers or other suitable measures on said property to prevent damage to said way or street. Damage shall mean the erosion of the sub-base or wearing surfaces, and the accumulation of silt or sediment on the road surface or in drainage structures. After written notice by the Department of Public Works, anyone violating this section shall be subject to the General Penalty provided in Section 1-8 of the Code. The imposition of a penalty under this section shall not relieve the owner from any other civil liability. (Art. 30, 5-26-92) For law of the commonwealth as to regulation of use of ways for certain purposes, see G.L., c. 85, ss 10. As to the defacing or writing on sidewalks, see ss 9-3 of this Code. As to loitering, see ss 9-5. As to barricading and lighting of excavations for sewers, see ss 12-17. As to restoration of streets, sidewalks, etc., disturbed for sewers, see ss 12-17. As to zoning regulations with respect to litter, see ss 15-12. 2. For law of the commonwealth as to authority of town to regulate numbering of buildings, see G. L., c. 40, ss 21 (10). 3. For law of the commonwealth as to authority of town to provide for snow removal, see G. L., c. 40, ss 21 (3). 4. For law of the commonwealth as to authority of town to regulate the removal of snow and ice from roofs, see G. L., c. 40, ss 21 (c). 5. For law of the commonwealth as to municipal regulation of coasting in streets, see G.L., c. 85, ss 10, 10A.
CHAPTER 14. SUBDIVISION OF LAND. 1
ss 14-1. Definitive plan of subdivision - Required.
ss 14-2. Same - Investigation and approval; submission of warrant article for acceptance of public way.
ss 14-3. Board of appeals.
Section 14-1. Definitive plan of subdivision - Required. No person shall make a subdivision within the meaning of the subdivision control law of any land within the town or proceed with the improvement or sale of lots in a subdivision or the construction of ways or the installation of municipal services therein unless a definitive plan of such subdivision has been submitted and approved by the planning board, according to the rules and regulations governing the subdivision of land in the town. (Bylaws 1960, art. 24,, ss l;3-28-66.)
Section 14-2. Same - Investigation and approval; submission of warrant article for acceptance of public way. Whenever a definitive plan has been submitted to the planning board, the planning board shall notify the board of selectmen, who shall thereupon notify the superintendent of streets, and it shall be the duty of the latter to confer with the chairman of the planning board and the developer to determine required improvements and estimated costs, to inspect and report on the installation of required improvements such as domestic and storm sewers, street layout, road beds and grades and surface treatment. It shall be the duty of the superintendent of streets to notify the planning board of any installation which does not meet the requirements of the subdivision control law, and the planning board shall make the subdivider cease operations until the requirements of the subdivision control law are met. Upon completion of the subdivision, the planning board shall submit a warrant article to the town meeting members requesting acceptance as a public way. (Bylaws 1960, art. 24, ss l; 3-28-66.)
Section 14-3. Board of appeals. 2 The town hereby appoints the presently existing board of appeals administering to the town zoning bylaws to be and act as the board of appeals to administer to the subdivision control laws as adopted by the town in accordance with chapter 41, section 81Z of the General Laws. (5-22-63.) 1. For law of the commonwealth as to subdivision control law, see G.L., c. 41, ss 81K to 81GG. As to laying out town ways for acceptance generally, see ss 13-7 of this Code. As to acceptance of older unaccepted streets and private ways, see ss 13-8. As to zoning generally, see ch. 15. 2. For law of the commonwealth requiring town to appoint a board of appeals, see G.L., c. 41, ss 81Z. As to board of appeals generally, see G.L., c. 41, ss 81Z to 81CC. As to zoning board of appeals, see ss 15-25 to 15-27 of this Code.
The following index has been prepared by the Town Clerk's office to aid in the search for specific areas of information. In some areas it may not be all inclusive, and it is recommended that a thorough search of the material be conducted because all items may not be cross referenced or cross indexed.
PAGE CHAPTER SECT
Acceptance of older unaccepted streets and ways 111 13 13-8
Acceptance of State Statutes and Laws 22
Acceptance of town ways 111 13 13-7
Accepting streets with no storm water or domestic sewer 112 13 13-9
Animals 48 3
Animals - litter removal 48 3 3-1
Annual inventory of furniture and equipment 73 6 6-9
Annual list of money submission 72 6 6-8
Annual Report publication 39 2 2-9
Annual reports 37 2 2-3
Annual town budget submittal 18 14
Appeal process 57 4 4-16
Board of Appeal - establishment, composition, appointment etc. 57 4 4-14
Board of Appeal - permit revocation 58 4 4-18
Board of Appeal - rules of procedure, decisions, etc. 58 4 4-17
Board of Appeal - vacancy, expenses, etc. 57 4 4-15
Board of Appeals - subdivision control 116 14 14-3
Board of Health - annual report 46 2 2-32
Board of Health - composition, election, term 46 2 2-31
Boundary 4 1
Budget submission by boards and committees 38 2 2-4
Building Inspection - notice of readiness 55 4 4-9
Building Inspector - appointment, qualification, term 54 4 4-3
Building Inspector - authority as to materials 55 4 4-5
Building Inspector - authority to waive requirements 55 4 4-6
Building Inspector - powers and duties 54 4 4-4
Building permit exemptions 56 4 4-12
Building permit fee schedule 56 4 4-10
Building permit - notice of violations, penalties 57 4 4-13
Building permit - revocation, posting, filing 56 4 4-11
Building permits -required, application, etc. 56 4 4-10
Buildings compliance 54 4 4-2
Buildings definitions 53 4 4-1
Cemeteries 68 5
Cemetery Commission -establishment and duties 21 6
Cemetery committee - organization, etc. 68 5 5-1
Cemetery committee - powers and duties 68 5 5-2
Cemetery fund 68 5 5-3
Cemetery rules and regulations 69 5 5-4
Certificates of occupancy 55 4 4-8
Charter 4
Chief Procurement Officer 71 6 6-5
Code 31 1
Code catchlines 32 1 1-3
Code - general penalty 33 1 1-8
Code - references to laws of the commonwealth 33 1 1-7
Code - rules of construction 32 1 1-4
Code - severability 33 1 1-6
Committee reports 41 2 2-17
Construction - standards foundations and supports 58 4
Construction - standards frame buildings 58 4
Contracts by town officers 71 6 6-5
Criminal complaint 34 1 1-10
Curb cuts 112 13 13-10
Curfew 40 2 2-13
Custody of seal 34 1 1-9
Defacing or writing on fences, buildings, sidewalks, etc. 83 9 9-3
Delinquent taxpayers - suspension of licenses 73 6 6-11
Destruction or defacing public property 84 9 9-7
Disorderly conduct 83 9 9-1
Disposal of house offal and shellfish 77 7 7-5
Disposal of personal property of town 73 6 6-10
Disposition - dogs 49 3 3-4
District Court 34 1 1-10
Dog - disposition 49 3 3-4
Dog - leash law 48 3 3-2
Dog - licensing 50 3 3-5
Dog - litter removal 48 3 3-1
Dog - muzzling 48 3 3-3
Drainage control 114 13 13-12
Driving or drawing vehicles on sidewalks 111 13 13-6
D.P.W. - consists of 4 divisions 20 3
D.P.W. - director's appointment, qualifications, salary, term 20 2
D.P.W. - equipment and maintenance division 20 3
D.P.W. - equipment control 20 4
D.P.W. - equipment & maintenance 20 3
D.P.W. - established 20 1
D.P.W. - highways division 20 3
D.P.W. - job descriptions 21 5
D.P.W. - parks and grounds division 20 3
D.P.W. - wastewater treatment division 20 3
Effect of new form of govt on existing contracts, etc. 19 17
Effect of new form of govt on existing. employees, etc. 19 18
Election hours 40 2 2-15
Election of town officers 40 2 2-15
Enforcement 34 1 1-10
Escaping custody 84 9 9-6
Execution of deeds 39 2 2-6
False reporting to police 83 9 9-2
Finance 70 6
Finance committee - composition, qualification, appointment, etc. 70 6 6-1
Finance committee - election of officers 71 6 6-3
Finance committee - ineligible for other positions 14 4
Finance committee - powers and duties 71 6 6-4
Finance Committee - recommendations 39 2 2-7
Finance committee - vacancies 70 6 6-2
Fine for animal litter 48 3 3-1
Fine for bylaw violation 34 1 1-10
Fine for dog restraining violation 48 3 3-2
Fine for impounded dogs 49 3 3-4
Fine for late dog license 50 3 3-5
Fine for open container violation 84 9 9-9
Fine for parking in handicapped space 80 8 8-3
Fine for sewer by law violation 96 12 12-6
Fine for stormwater runoff 114 13 13-12
Fine for unleashed dogs 48 3 3-2
Fine for waste storage 78 7 7-12
Fine - general 33 1 1-8
Fireplaces, chimneys, etc. 66 4
Foundation wall thickness 62 4 4-30
Garbage and refuse 76 7
Garbage and refuse landfill permits 76 7 7-2
Garbage and refuse - waste storage 78 7 7-12
Garbage disposals 55 4 4-7
Garbage haulers - licensing 79 7 7-13
General penalty 33 1 1-8
Handbills or advertisements distribution 83 9 9-4
Haulers of garbage, solid waste, recyclables licensing 79 7 7-13
Hours for Town Hall 38 2 2-5
Impounding - dogs 49 3 3-4
Impounding - release of dogs 49 3 3-4
Impoundment of motor vehicles 80 8 8-1
Indecent language 83 9 9-1
Industrial pretreatment program for sewers 104 12 12-27
Inspector of gas piping and gas appliances - appointment/duties 37 2 2-2
Landfill permits 76 7 7-2
Landfill - rules and regulations 77 7 7-3
Laws, votes, regulations etc. effective with enactment of Sel/Admin 18 16
Laying out town ways for acceptance 111 13 13-7
Leash - regulations 48 3 3-2
Licensing - dog fees 50 3 3-5
Licensing - dog late fees 50 3 3-5
Licensing - dogs 50 3 3-5
Licensing - haulers of garbage, solid waste and recyclables 79 7 7-13
Loitering 84 9 9-5
Mandatory recycling 78 7 7-11
Moderator 43 2 2-21
Moderator - appointments 14 3
Moderator - duties 43 2 2-22
Moderator - presides at town meeting 43 2 2-21
Moderator - pro tem 43 2 2-21
Motions at town meeting 41 2 2-18
Motor vehicle - impoundment 80 8 8-1
Motor vehicles and traffic 80 8
Motor vehicles and traffic parking 80 8 8-1
Muzzling - dogs 48 3 3-3
Noncriminal disposition 34 1 1-10
Numbering of buildings 110 13 13-1
Offenses 83 9
Open containers 84 9 9-9
Parking 80 8 8-1
Parking spaces for handicapped persons 80 8 8-3
Parking - limit to two hours 80 8 8-2
Parks and Playgrounds Commission - establishment and duties 21 6
Permit - for soliciting money 84 9 9-8
Personal property of town - disposal of 73 6 6-10
Personnel 86 10
Personnel - administration 87 10 10-4
Personnel - adoption/amendment of regulations 88 10 10-8
Personnel - classification plan 87 10 10-5
Personnel - grievance or appeal process 87 10 10-7
Police 89 11
Police chief - duties and presence of officer at station 89 11 11-2
Police department - composition 89 11 11-1
Police - care of station and annual report 89 11 11-3
Police - escape from custody 84 9 9-6
Police - outside activities while on duty 90 11 11-6
Police - receiving false reports 83 9 9-2
Police - reporting of accidents 90 11 11-7
Police - rules and regulations 39 2 2-8
Police - special officers 90 11 11-5
Police - suspending 90 11 11-4
Precinct divisions 5 1A
Private ways - temporary repairs 112 13 13-11
Procurement officer 71 6 6-5
Prohibited discharges - sewer 100 12 12-19
Public property - destruction of 84 9 9-7
Purchases of equipment 72 6 6-6
Purchases of equipment - triplicate system with copies to accountant 72 6 6-7
Reconsideration of motions 41 2 2-19
Recyclables haulers - licensing 79 7 7-13
Recycling 78 7 7-11
Refuse and garbage 76 7
Refuse and garbage 78 7 7-12
Refuse - permits and rules for filling or grading 77 7 7-4
Representative Town Meeting 6
Restraining - dogs 48 3 3-2
Salvage - permit for landfill 78 7 7-8
Sanitary Landfill 77 7
Sanitary landfill - dumping hours 78 7 7-10
Sanitary landfill - mandatory recycling 78 7 7-11
Sanitary Landfill - permit for salvage materials 78 7 7-8
Sanitary Landfill - restricted use 78 7 7-7
Sanitary Landfill - supervision of dumping 78 7 7-9
Sanitary Landfill-authority of selectmen to make rules and regulation 77 7 7-6
School committee - reports 40 2 2-14
Selectmen - annual report publication 39 2 2-9
Selectmen - appoint temporary administrator 15 6
Selectmen - appointment of administrator 14 5
Selectmen - appointments 14 3
Selectmen - approval of warrants 18 13
Selectmen - consideration of budget 18 15
Selectmen - execution of deeds 39 2 2-6
Selectmen - furnish copies of warrant 39 2 2-7
Selectmen - ineligible for other positions 14 4
Selectmen - license taxicabs 40 2 2-10
Selectmen - manage town property/offices 40 2 2-11
Selectmen - number of members 14 2
Selectmen - prepare D.P.W. job descriptions 21 5
Selectmen - ratification of administrator's appointments 15 10
Selectmen - rejection of administrator's appointments 15 10
Selectmen - represent town in court 40 2 2-12
Selectmen - rules and regs for police 39 2 2-8
Selectmen - set curfew 40 2 2-13
Selectmen - temporary appointment of administrator 15 7
Selectmen - vote to remove administrator 15 8
Selectmen/Administrator form - established 13
Sewer definitions 93 12 12-1
Sewer - actions of superintendent with hazardous conditions 102 12 12-21
Sewer - allowing roof or surface water to enter system 96 12 12-5
Sewer - applicability of ASTM & WPCF 98 12 12-15
Sewer - barricading and lighting excavations 99 12 12-17
Sewer - classes, applications and fees 97 12 12-8
Sewer - conditional discharges 100 12 12-20
Sewer - connection of old sewere with new buildings 98 12 12-11
Sewer - construction methods and materials 98 12 12-12
Sewer - construction of cesspool, septic tank, privy etc. 95 12 12-2
Sewer - control manholes and related appurtenances 103 12 12-24
Sewer - costs, indemnification of town 97 12 12-9
Sewer - discharge of surface water, industrial process water, etc. 100 12 12-18
Sewer - elevation 98 12 12-13
Sewer - fine for by law violation 96 12 12-6
Sewer - grease, oil and sand interceptors 103 12
Sewer - industrial concern may contract for waste treatment 104 12 12-26
Sewer - industrial pretreatment program 104 12 12-27
Sewer - injuring, defacing, etc. 96 12 12-4
Sewer - inspections, testing 95 12 12-3
Sewer - issuance of building permits 95 12 12-2
Sewer - maintenance of preliminary treatment and flow equalizing facil 103 12 12-23
Sewer - notice of readiness for inspection & connection 99 12 12-16
Sewer - notice of violation, continuance of violation 96 12 12-6
Sewer - permits 97 12 12-7
Sewer - prohibited discharges 100 12 12-19
Sewer - public use of 95 12 12-2
Sewer - restoration of disturbed streets and sidewalks 99 12 12-17
Sewer - roof downspouts 98 12 12-14
Sewer - separate connection for each building 97 12 12-10
Sewer - supervision of connection 99 12 12-16
Sewer - testing methods 104 12 12-25
Sewer - use of 100 12 Sewers and sewage disposal 92 12
Sledding on streets and sidewalks 111 13 13-5
Snow removal 110 13 13-2
Snow throwing or pushing on public way 110 13 13-3
Soliciting money - permits 84 9 9-8
Solid waste haulers - licensing 79 7 7-13
Stormwater - runoff to public streets 114 13 13-12
Street acceptance under subdivision of land 116 14 14-2
Street openings 112 13 13-10
Street openings and curb cuts 112 13 13-10
Streets and sidewalks 110 13
Streets - acceptance of older unaccepted streets and ways 111 13 13-8
Streets - acceptance of street without sewers 112 13 13-9
Streets - driving or drawing vehicles on sidewalks 111 13 13-6
Streets - erection and maintenance of gutters, barriers, etc. 110 13 13-4
Streets - laying out town ways for acceptance 111 13 13-7
Streets - numbering of buildings 110 13 13-1
Streets - repairs to private ways 112 13 13-11
Streets - sledding, etc. 111 13 13-5
Streets - snow removal 110 13 13-2
Streets - throwing snow on public way 110 13 13-3
Stresses - loads, spans 63 4
Subdivision of land 116 14
Subdivision of land - board of appeals 116 14 14-3
Subdivision of land - definitive plan 116 14 14-1
Subdivision of land - investigation and approval for street acceptance 116 14 14-2
Suspending - police officers 90 11 11-4
Taxicab license 40 2 2-10
Temporary repairs - private ways 112 13 13-11 Threats 83 9 9-1
Town Accountant - appointment 37 2 2-1
Town Administrator - appointments 15 10
Town Administrator - appointment/qualifications 14 5
Town Administrator - approval of warrants 18 13
Town Administrator -assume other appointments 14 4
Town Administrator - bond 14 5
Town Administrator - chief fiscal officer 18 13
Town Administrator - compensation 15 9
Town Administrator - designates replacement 15 7
Town Administrator - effective date of appointments 15 10
Town Administrator - examination of department or employee 18 12
Town Administrator - general powers 16 11
Town Administrator - oath of office 14 5
Town Administrator - removal 15 8
Town Administrator-submittal of annual budget 18 14
Town Administrator - temporary 15 6
Town Administrator - vacancy 15 6
Town Clerk - duties 43 2 2-23
Town Clerk - office hours 44 2 2-24
Town Counsel - annual report 45 2 2-28
Town Counsel - appointment, term removal, special counsel 44 2 2-25
Town Counsel - duties 44 2 2-27
Town Counsel - holding other offices 44 2 2-26
Town Meeting - adjourned meetings 7 3
Town Meeting - applicability 10 12
Town Meeting - appointing committees 10 11
Town Meeting - binding town 10 9
Town Meeting - conduct 9 8
Town Meeting - construction of act 10 13
Town Meeting - dissolution or adjournment 41 2 2-20
Town Meeting - effective date of votes 9 8
Town Meeting - election 6 2
Town Meeting - filling member vacancies 8 7
Town Meeting - force and effect 10 9
Town Meeting - member compensation 7 3
Town Meeting - member resignation or removal 7 3
Town Meeting - members 7 3
Town Meeting - membership 6 2
Town Meeting - membership of personnel board chair 12
Town Meeting - moderator pro tempore 8 6
Town Meeting - nomination of candidates 8 4
Town Meeting - notice of 7 3
Town Meeting - notification of election of members 6 2
Town Meeting - petition for meeting 9 8
Town Meeting - powers 10 9
Town Meeting - quorum 7 3
Town Meeting - reconsideration of motions 41 2 2-19
Town Meeting - results of general election 9 8
Town Meeting - rules 10 10
Town Meeting - submission of motions 41 2 2-18
Town Meeting - submitting act to voters 10 14
Town Meeting - term of office 6 2
Town Meeting - tie votes 6 2
Town Meeting - vacancies 6 2
Town Meeting - warrants 8 5
Traffic commission 81 8 8-4
Treasurer-Collector - annual report 45 2 2-30
Treasurer-Collector - powers 45 2 2-29
Tree Warden 21 7
Voter acceptance of D.P.W. 21 8
Voter acceptance of new form of govt. 19 19
Warrants - publication of 41 2 2-16
Waste - storage 78 7 7-12