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(excluding zoning bylaws)
CODE OF THE TOWN OF
PART I
GENERAL BYLAWS
ARTICLE I, General Penalty
ARTICLE II, Terms and References
CHAPTER 7,
ALCOHOLIC BEVERAGES
ARTICLE I, Consumption in Public
ARTICLE I, Pasturing of Certain
Animals
ARTICLE II, Dogs
CHAPTER 17,
BOARDS, COMMITTEES AND COMMISSIONS
ARTICLE I, Terms of Office
ARTICLE II, Organization
ARTICLE III, Public Hearings
CHAPTER 25,
BUILDINGS, NUMBERING OF
CHAPTER 35,
CONDOMINIUM CONVERSIONS
CHAPTER 44,
DEEDS OF RELEASE AND REDEEMED REAL ESTATE
ARTICLE I, Landfill
ARTICLE II, Control of Dump and
Compost Site
ARTICLE I, Police Presence
ARTICLE I, Payment into Treasury
ARTICLE II, Town Clerk and Sealer of
Weights and Measures Fees
ARTICLE I, Dangerous Fences
ARTICLE II, Electrical Fences
CHAPTER 71,
FIREARMS AND EXPLOSIVES
ARTICLE I, Explosives and Flammable
ARTICLE II, Underground Storage of
Flammable Fluids
CHAPTER 81,
GARAGES, COMMERCIAL
CHAPTER 89,
HISTORICAL COMMISSION
ARTICLE I, Investigation of
Complaints
ARTICLE I, Failure to Pay Taxes
CHAPTER 113,
PEACE AND GOOD ORDER
ARTICLE I, Ball Playing in Street
ARTICLE II, Posting of Advertisements
ARTICLE III, Injury to
Memorials and Gravesites
ARTICLE IV, Sound Trucks
ARTICLE
V, Public Decency
CHAPTER 117,
PEDDLING AND SOLICITING
ARTICLE I, Peddling and soliciting
ARTICLE II, Hawkers and Peddlers
CHAPTER 122,
PROPERTY MAINTENANCE
ARTICLE I, Discharge of Offensive
Matter Into Streets
ARTICLE II, Public Safety Hazard
Abatement
ARTICLE I, Connection of Runoff
Sources to System
ARTICLE I, Regulation of Facilities
ARTICLE II, Site Selection Procedures
CHAPTER 142,
STREETS AND SIDEWALKS
ARTICLE I, Permits to Build Sidewalks
ARTICLE II, Obstruction
ARTICLE III, Discharge of Water onto
Streets
ARTICLE IV, Openings and Excavations
CHAPTER 159,
VEHICLES AND TRAFFIC
ARTICLE I, Interference With Snow
Plowing
ARTICLE II, Obstruction of Fire Lanes
ARTICLE
III, All-Night Parking
CHAPTER 164,
VEHICLES, SALE OF
ARTICLE I, Water Use Restrictions
CHAPTER 171,
Wetlands Protection
ENDNOTES /
HISTORICAL REFERENCES
CHAPTER 1, GENERAL PROVISIONS
§1-2. Recovery of fine by indictment or complaint.
ARTICLE II,
Terms and References
CHAPTER 7,
ALCOHOLIC BEVERAGES
ARTICLE I, Consumption in Public
§7-1.
Drinking on public or private property restricted.
§7-2.
Seizures of alcoholic beverages.
§7-3.
Violations and penalties.
ARTICLE I, Pasturing of Certain
Animals
§11-1. Pasturing within streets or ways prohibited.
ARTICLE II, Dogs
§11-2. Running at large prohibited; exception for
hunting purposes.
§11-3. Impoundment; maintenance and administrative
charges.
§11-4. Registration required; dogs disturbing the
peace; license period.
§11-5. Confinement of dogs during heat.
§11-6. Violations and penalties; Fees.
§11-7. Pit bull terriers.
§11-8. Kennels.
§11-9. Animal waste.
CHAPTER 17,
BOARDS, COMMITTEES AND COMMISSIONS
ARTICLE I, Terms of Office
§17-1. Term to be specified at creation; default
term.
ARTICLE II, Organization
§17-2. Reorganization by elected officials.
§17-3. Reorganization by appointed officials.
ARTICLE III, Public Hearings
§17-4. Minimum notice requirements.
CHAPTER 25,
BUILDINGS, NUMBERING OF
§25-1. Display of numbers.
§25-2. Verification by Fire Department.
CHAPTER 35,
CONDOMINIUM CONVERSIONS
§35-1. Declaration of emergency.
§35-2. Purpose.
§35-3. Definitions.
§35-4. Applicability.
§35-5. Condominium or cooperative conversion permit.
§35-6. Tenant rights.
§35-7. Enforcement.
§35-8. Effect on other regulations.
§35-9. Severability.
§35-10. Safety.
§40-1. Establishment; membership; terms.
§40-2. Duties.
§40-3. State and federal agencies and laws.
§40-4. Reports.
CHAPTER 44,
DEEDS OF RELEASE AND REDEEMED REAL ESTATE
§44-1. Duties of Treasurer. 23
§44-2.
ARTICLE I, Landfill
§49-1. Permit to dump required.
§49-2. Planning Board rules. 24
ARTICLE II, Control of Dump and
Compost Site
§49-3. Control by Board of Health; other dumps
prohibited.
ARTICLE I, Police Presence
§53-1. Posting at polling places.
ARTICLE I, Payment into Treasury
§59-1. Fees and revenues.
ARTICLE II, Town Clerk and Sealer of
Weights and Measures Fees
§59-2. Town Clerk fees.
§59-3. Sealer of Weights and Measures fees.
ARTICLE I, Dangerous Fences
§63-1. Responsibility of property owners for
dangerous fence; deadline for completion of work.
§63-2. Responsibility of property owner for erecting
fence; deadline for completion of work.
§63-3. Powers of Fence Viewer.
ARTICLE II, Electrical Fences
§63-4. Conditions and specifications.
§63-5. Livestock fencing.
§63-6. Fee.
§67-1. Appointment; terms; eligibility.
§67-2. Organization; vacancies.
§67-3. Access to books, contracts, and
accounts.
§67-4. Consideration of articles;
recommendations.
§67-5. Preparations of budget estimates.
§67-6. Requests for funds after Town Meeting.
§67-7. Inventory of Town property; inventory forms;
disposal of property.
§67-8. Annual internal audit.
CHAPTER 71,
FIREARMS AND EXPLOSIVES
§71-1. Permission to discharge required; exceptions.
ARTICLE I, Explosives and Flammable
§75-1. Fees.
ARTICLE II, Underground Storage of
Flammable Fluids
§75-2. Testing Schedule.
§75-3. Supervision of testing; removal of leaking
tanks.
§75-4. Town held harmless; obligations of owners
upon discontinuance.
§75-5. Jurisdiction over leakages; notification
information.
§75-6. Installation and usage constitutes agreement.
§75-7. Tanks in floodplain areas; fee.
CHAPTER 81,
GARAGES, COMMERCIAL
§81-1. License required.
§81-2. License fee.
§81-3. Expiration; revocation; hearing.
§84-1. Appointment of Inspector.
§84-2. Permit to install gas equipment required.
§84-3. Permit fees.
CHAPTER 89,
HISTORICAL COMMISSION
§89-1. Membership; terms.
§89-2. Authority of Commission.
§89-3. Urging property owners to include deed
designation.
§89-4. Declassifying properties; procedure.
§89-5. Severability.
§94-1. Authority of Selectmen to license dealers and
collectors.
ARTICLE I, Investigation of
Complaints
§98-1. Investigation by Selectmen.
§98-2. Hearing; Order to correct.
§98-3. Failure to comply with order.
ARTICLE I, Failure to Pay Taxes
§102-1. Furnishing of list.
§102-2. Denial by licensing authority; hearing;
issuance of certificate indicating good standing.
§102-3. Issuance of certificate upon compliance with
payment agreement.
§102-4. Waiver.
§102-5. Non-applicability.
CHAPTER 113,
PEACE AND GOOD ORDER
ARTICLE I, Ball Playing in Street
§113-1. Restrictions.
ARTICLE II, Posting of Advertisements
§113-2. Permission required. 37
ARTICLE III, Injury to Memorials and
Gravesites
§113-3. Desecration prohibited.
§113-4. Violations and penalties.
ARTICLE IV, Sound Trucks
§113-5. Permit required.
ARTICLE V, Public Decency
§113-6. Peeping into Windows.
CHAPTER 117,
PEDDLING AND SOLICITING
ARTICLE I, Peddling and soliciting
§117-1. Registration required. 38
§117-2. Issuance of permit
ARTICLE II, Hawkers and Peddlers
§117-3. Issuance of licenses by Selectmen; fee.
CHAPTER 122,
PROPERTY MAINTENANCE
ARTICLE I, Discharge of Offensive
Matter Into Streets
§122-1. Contents of sinks, cesspools and privies.
§122-2. Dead animals, rubbish and garbage.
§122-3. Violations and penalties.
ARTICLE II, Public Safety Hazard
Abatement
§122-4. Enforcement officials. 39
§122-5. Failure to abate; filing of complaint.
§122-6. Term defined.
§122-7. Swimming pool fencing.
ARTICLE I, Connection of Runoff
Sources to System
§128-1. Certain Connections prohibited.
§128-2. Notice to discontinue illegal connection.
§128-3. Violations and penalties.
§134-1. Permit required; exception.
ARTICLE I, Regulation of Facilities
§138-1. Preamble.
§138-2. Purpose.
§138-3. Statutory authority. 41
§138-4. Petition.
§138-5. Burden of proof.
§138-6. Preliminary hearing. 42
§138-7. Hearing notice.
§138-8. Hearing procedure.
§138-9. Written decision.
§138-10. Severability.
ARTICLE II, Site Selection Procedures
§138-11. Preamble.
§138-12. Purpose.
§138-13. Statutory authority. 43
§138-14. Establishment of procedures.
§138-15. Severability.
CHAPTER 142,
STREETS AND SIDEWALKS
ARTICLE I, Permits to Build Sidewalks
§142-1. Granting permits.
ARTICLE II, Obstruction
§142-2. Permit required.
ARTICLE III, Discharge of Water onto
Streets
§142-3. Emergency permits.
ARTICLE IV, Openings and Excavations
§142-4. Road and sidewalk opening permit required.
§142-5. Fee.
§142-6. Regulations.
§142-7. Violations and penalties.
§152-1. Date of Annual Town Meeting and election of
officers.
§152-2. Delivery and posting of Warrant.
§152-3. Use of checklist for admission to meetings.
§152-4. Quorum.
§152-5. Voting on amendments involving money.
§152-6. Reconsideration of motions.
§152-7. Secret written ballot and two thirds votes.
§152-8. Order of articles in warrant.
§152-9. Order of consideration of articles.
§152-10. Voting on salary increases.
§155-1. Office hours.
§155-2. Extra duty.
§155-3. Authority of Selectmen to close offices.
CHAPTER 159,
VEHICLES AND TRAFFIC
ARTICLE I, Interference With Snow
Plowing
§159-1. Removal of offending vehicles; liability for
costs.
§159-2. Unsafe conditions caused by ice and snow.
§159-3. Violations and penalties.
ARTICLE II, Obstruction of Fire Lanes
§159-4. Obstruction of access of fire equipment.
§159-5. Parking in fire lanes; measurement.
§159-6. Removal of offending vehicles or objects.
§159-7. Signs and road markings.
§159-8. Violations and penalties.
ARTICLE
III, All-Night Parking
§159-9. Parking restricted.
§163-1. Time limit; written complaint.
§163-2. Violations and penalties.
CHAPTER 164,
VEHICLES, SALE OF
§164-1. License required; limit on number of
licenses.
§164-2. Issuance of licenses. 51
§164-3. Licensing authority; procedure.
§164-4. Application criteria. 51
§164-5. Operations criteria. 52
§164-6. New license application criteria.
ARTICLE I, Water Use Restrictions
§167-1. Authority.
§167-2. Purpose.
§167-3. Definitions.
§167-4. Declaration of a state of water supply
conservation.
§167-5. Restricted water uses. 55
§167-6. State of water supply emergency; compliance
with DEP orders.
§167-8. Termination state of water supply
conservation and/or emergency.
§167-9. Unauthorized water usage.
§167-10. Unregistered water usage.
§167-11. Violations and penalties.
§167-12. Severability.
CHAPTER 171,
Wetlands Protection
§171-1. Purpose.
§171-2. Jurisdiction.
§171-3. Applications for permits and requests for
determination.
§171-4. Notice and hearings. 58
§171-5. Permits and conditions.
§171-6. Regulations.
§171-7. Definitions.
§171-8. Security.
§171-9. Enforcement.
§171-10. Burden of proof.
§171-11. Appeals.
§171-12. Relation to Wetlands Protection Act.
§171-13. Severability.
ENDNOTES /
HISTORICAL REFERENCES
CHAPTER
1, GENERAL PROVISIONS
§1-1. Maximum fine.
The penalty for breaches of any of
the Bylaws for the Town shall be a fine not exceeding $300 for each offense, except where a different penalty is specifically provided for such breach by these
Bylaws or by any other controlling provision of law. After
delivery of a written notice of a violation to the offending party, each day
that a violation exists shall constitute a separate offense.
§1-2. Recovery of fine by indictment or complaint.
All fines may be recovered by indictment or on complaint before a district court, or by noncriminal disposition in accordance with MGL Ch. 40 §21D. All fines shall inure to the Town and unless otherwise directed by a Town Meeting shall be paid over to the Town Treasurer for the use of the Town.
ARTICLE II, Terms and References
§1-3. Reference
to statute.
Any reference within these Bylaws to a regulation or statute enacted by
the
§1-4. Town
website.
All references in these Bylaws to the “Town website” or “Town’s
website” shall mean the official town website registered and operated by the
Town of
CHAPTER 7, ALCOHOLIC BEVERAGES
GENERAL REFERENCES
Peace and good order – See
Ch. 113.
ARTICLE I, Consumption in Public
§7-1. Drinking
on public or private property restricted.
No
person shall drink alcoholic beverages as defined in Chapter 138, Section 1 of
the General Laws while on, in or upon any public way or upon any way to
which the public has a right of access, or any public park, public playground or public recreational area, or any place to which members of the public have access
as invitees or licensees, nor
while on, in or upon any private land
or place without the consent of the owner or person in control thereof. The Board of Selectmen may, however, grant temporary or limited permits
to allow the consumption and possession of alcoholic beverages on public
property.
§7-2. Seizures of alcoholic beverages.
All
alcoholic beverages being used in violation of this Bylaw shall be seized and
safely held until final adjudication of the charge against the person or
persons arrested or summoned before the court.
§7-3. Violations and penalties.
Whoever
violates any provision of this Bylaw shall be liable to pay a fine of not more than $100 for each violation.
ARTICLE I, Pasturing of Certain Animals
§11-1.
Pasturing within streets or ways prohibited.
No
person shall pasture or cause to be pastured any cattle or other animals upon
or within the limits of any street or way of the Town, either with or without a
keeper.
§11-2. Running at large prohibited; exception for
hunting purposes.
- An owner or keeper of a dog shall not cause or permit such a dog to run at large in any street or public place or upon the premises of anyone other that the owner of keeper, unless the owner or occupant of such premises grants permission. While in any public place or street, dogs shall be under restraint by owner or keeper. A dog is under restraint within the meaning of this Bylaw if it is controlled by a leash or at “heel” beside a competent person and obedient to that person’s commands, or confined within a vehicle driven or parked on a street.
- However, this section shall not be construed to limit or prohibit the use of hunting dogs during the hunting season, or the training of hunting dogs, or during field trials for hunting dogs.
§11-3. Impoundment;
maintenance and administrative charges.
Dogs running at large will be impounded. If the owner is known, notice shall be given
within three days to such owner. If the
owner is unknown, disposition of a dog shall be as provided under Massachusetts General
Laws, Chapter 140, Section 151A. The
owner or keeper of any dog so impounded may reclaim such dog upon payment of
the dog license fee if it is then unpaid, and upon payment of any outstanding fines, maintenance and
administrative charges.
§11-4.
Registration required; dogs disturbing the peace; license period.
Every owner or keeper of a dog who is three months
old or over shall register it with the Town Clerk on or before January 1 of
each year. Every owner or keeper of a
dog which becomes three months old subsequent to January 1 of any year shall
register it with the Town Clerk when it becomes three months old. The owner or keeper of every dog which is so
registered shall cause it to wear at all times a license tag issued for the
purpose by the Town Clerk. No person
shall own or keep in the Town any dog which by biting, barking or howling, or
in any other manner disturbs the peace and quiet of any neighborhood or
endangers the safety of any persons. An annual dog license shall be valid from
January 1 to December 31.
§11-5. Confinement of dogs during heat.
If the Dog Officer determines that a dog in its oestrus cycle (in heat) is attracting other dogs and such
attraction is causing damage or disturbance to any neighborhood, the Dog
Officer shall order in writing that
the owner or keeper of such dog to restrain the dog for the duration of
its oestrus cycle.
If the Dog Officer determines that such owner or keeper is not complying
with such order, the Dog Officer shall impound said dog for the duration of its
oestrus cycle and the owner shall pay the current
boarding fee as allowed under Chapter 140 Section 151A
for each day the dog is held in the pound.
§11-6. Violations and penalties; Fees.
Whoever violated the foregoing provisions of this Chapter shall be liable to a fine of not more than $50, in accordance with Massachusetts General Laws, Chapter 140, Section 173A. A schedule of all current fines and fees shall be established pursuant to MGL c.40 §22F and shall be held on file with the Town Clerk.
§11-7. Pit bull terriers.
A. A. No person shall keep or maintain, within the boundary limits of the Town of Abington, the breed of dogs known as American Staffordshire Terrier, Stafford Pit Bull Terrier, or Bull Terrier, unless same is restrained on the private property of the owner in a secure area so that the animal cannot gain access to public areas or private property of others.
B.
B.
Any owner transporting a “pit bull” on the public ways for medical or
veterinary care shall properly restrain and muzzle the animal. Any such dog not properly restrained and not
wearing a muzzle shall constitute a public nuisance and be banned within the
limits of the Town of
C.
C. Any
person who violated this Bylaw shall be subject to a fine of not more than $50
for each offense, and the said dog shall be banned from the limits of the Town of
§11-8. Kennels.
A. Any person maintaining a kennel shall have a kennel license.
B. Any owner or keeper of four or more dogs, three months of age or over, shall obtain a kennel license upon submission of a written application to the Town Clerk with the prior approval from the Animal Control Department and the Zoning Board of Appeals. The kennel license shall be on a prescribed form and shall specify the name of the owner, the name of the kennel, the name of the keeper, and the location of such kennel. Such license shall specify the maximum number of dogs to be kept on the premises at any one time. Prior to approving any application, the Animal Control Department shall deliver notice of said kennel application by first class mail to all owners of property situated within 300 feet of the boundaries of the proposed kennel property, in accordance with a certified abutters list issued for said purpose by the Board of Assessors. All costs of said notice shall be paid by the applicant, and said notice shall inform the abutters of their right to submit written comments about the proposed kennel within ten (10) days of its mailing. A kennel application shall be approved if said application complies with all state and local laws, and sufficient conditions are imposed at the discretion of the Animal Control Department to prevent any nuisance to neighboring properties. Any party thereafter objecting to the decision of the Animal Control Department may appeal said decision to the Board of Selectmen for independent review.
C. The fees for each classification of kennel license shall be established pursuant to MGL c.40 §22F and held on file with the Town Clerk.
D. License period includes January 1 to December 31, both dates inclusive.
E. A kennel license shall be required in addition to any other license required for any dog which may be kept in such kennel for any portion of the period for which the license is issued. The owner or keeper of such kennel shall renew the license prior to the commencement of each succeeding license period.
F. While at large, each dog in a kennel shall wear a collar or harness to which shall be securely attached a tag upon which shall appear the number of the kennel license and the year of issuance and the name of the Town.
G. A veterinary hospital shall not be considered a kennel unless it contains an area for the grooming or selling of dogs, or for the boarding of dogs other then medical or surgical purposes, in which case it shall apply in writing to the Town Clerk, submitting proof of prior approval from the Zoning Board and the Animal Control Department for the required kennel license.
H. The Chief of Police or Animal Control Officers of the Town shall at any time inspect or cause to be inspected any kennel, and if in their judgment the kennel is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, shall by order revoke or suspend said kennel license.
I. In the case of suspension of said licenses, the Board of Selectmen may reinstate such license and impose conditions and regulations upon the operation of said kennel after holding a public hearing. Notice of said public hearing shall be mailed at least seven days prior to the hearing by first class mail to all owners of property situated within 100 feet of the boundaries of the kennel property
J. All kennels shall be limited to the number of dogs that the kennel license states are to be maintained on said premises.
K. In addition to all other sums due and owing for any license fee hereunder, a person who applies for a license hereunder shall be obligated to pay all prior amounts of license fees determined to be due and owing by the Town Clerk.
L. Violations of this bylaw shall incur the following fines;
1. For each dog over said license per day: $25.
2. For running a kennel without a license: $50.
§11-9. Animal waste.
A. The owner or custodian of every dog or animal shall be responsible for any fecal matter deposited by the animal(s) on public walks, streets, recreation areas or private property of another.
B. The owner or custodian of an animal when appearing with the animal on any public walk, street, recreation area, or private property shall posses the means of removal of any fecal matter left by such animal.
C. For purposes of this regulation, the means of removal shall include any tool, implement, or other device carried for the purpose of picking up and containing such fecal matter. Disposal shall be accomplished by transporting such fecal matter to a place suitable and regularly reserved for the disposal of human fecal matter, specifically reserved for disposal of animal fecal matter or otherwise designated as appropriate by the Board of Health.
D. Any owner or person in control of any animal who fails to comply with Subsections A, B, or C of this section shall be punished by a fine of $25 for each violation.
CHAPTER 17, BOARDS, COMMITTEES AND
COMMISSIONS
GENERAL
REFERENCES
Council on Aging -- See
Finance
Committee – See
Historical Commission – See
Town Meetings – See
§17-1. Term to be specified at creation; default term.
The term of office for a member of any committee appointed by the Town Meeting, the Town Manager, the Board of Selectmen, or the Moderator shall be specified at the time of the creation of the committee, and if no such term is specified the term of office shall be three years.
§17-2. Reorganization by elected officials.
Elected officials
shall reorganize their respective board, committee, commission, council or
authority on or before May 15 of each
year, or at the next regularly scheduled meeting after the
§17-3. Reorganization by appointed officials.
With the exception of the Finance Committee, appointed officials
shall reorganize their respective board, committee, commission, council or
authority on or before May 15 of each
year, or at the next regularly scheduled meeting after the
§17-4. Minimum notice requirements.
All appointed and elected boards, committees, and commissions required by either state statute or internal rules to hold a public hearing on any matter within their jurisdiction shall advertise said public hearing by posting a notice of said hearing at the Town Offices, and if specifically required, as a display advertisement within the required newspaper(s) Public hearing notices shall also be posted on the Town website whenever feasible as an additional means of notification to the general public, but the failure to post any notice on the Town website as required by these General Bylaws shall not be deemed to violate the minimum notice requirements of any section of these General Bylaws.
CHAPTER 25, BUILDINGS, NUMBERING OF
GENERAL
REFERENCES
General
penalty -- See Ch. 1, Art. I.
§25-1. Display of numbers.
At the time of the sale, rental, new occupancy or transfer of any building in the Town, numbers representing the address of such building
and assigned to such building by
the Assessors shall be affixed to such building in such a manner that they are clearly visible from the nearest street and/or driveway entrance
which provides access to such building. Said
numbers shall be no less than 4" in height and shall be of a color in
direct contrast to the surface to which it is attached. In addition to affixing numbers on the
building, a building which is not clearly visible from the street or the
driveway entrance, whether due to distance, topography, vegetation or other
obstruction, may also be required by the Fire Department to affix its assigned
numbers on a sign or other marker of a size and design acceptable by the Fire
Department, which shall be erected in a more visible area along the public way
as determined by the Fire Department.
Nothing in this section shall prohibit a property owner from voluntarily
erecting or affixing building numbers on a sign or marker in a location more
visible to the public, so long as said sign or marker conforms to the sign
bylaws and zoning bylaws of the Town.
§25-2. Verification by Fire Department.
No sale, rental, new occupancy, or transfer of a building shall take place until the Fire Department verifies that such numbers are affixed in accordance with this Bylaw.
CHAPTER 35, CONDOMINIUM CONVERSIONS
GENERAL REFERENCES
Investigation
of land use complaints – See Ch. 98, Art. I.
Zoning
– See
§35-1. Declaration of emergency.
The Town of Abington, acting by and through its Town Meeting, finds and declares that a serious public emergency exists within the Town with respect to the availability and affordability of rental housing to citizens of said Town, particularly to elderly and handicapped persons and to families of low and moderate income; that this emergency results from the aggravated local impact of factors set forth in Chapter 527 of the Acts of 1983, most particularly from limited rental housing development, prolonged increases in sales and rental housing costs exceeding increases in personal income, the increased pressures on the Town’s housing stock from the metropolitan housing market and the conversion of existing rental housing to more expensive condominiums or cooperative sales housing; that this rental housing shortage generates serious threats to the public health, safety, and general welfare of the citizens of the Town; that increased protection of the present tenants of rental housing and of future occupants of converted units, requires local action including establishment of provisions protecting a greater portion of the rental housing stock, extending the effective conversion notice period, lessening tenant uncertainty regarding conversion plans, encouraging appropriate safety improvements to converted housing, and establishing a local permit system to regulate and oversee the conversion process; and that this bylaw is accordingly adopted pursuant to the provisions of Chapter 527 of the Acts of 1983.
§35-2. Purpose.
A. A. To provide the community with the ability to oversee and regulate the conversion of property for use as condominium or cooperative housing.
B. B. To assure compliance with state and local regulations for the construction and physical features of buildings which are to be used for condominiums.
C. C. To require landlords who seek to convert their rental property into condominium, cooperative, or other form of non-rental property to give their tenants a reasonable period of notice before evicting them in furtherance of the conversion. Such prior notice will provide the potentially displaced tenants with sufficient time to examine the housing market, evaluate available housing alternatives, formulate future housing plans, secure any necessary financing and decided whether to acquire the housing accommodations being converted or to relocate.
§35-3. Definitions.
APPLICANT – A person who records, or proposes to record, the condominium instruments or on whose behalf the condominium instruments are recorded, thereby subjecting the property to condominium ownership, and includes successors or persons who come to stand in the some relation to the condominium development as all applicants.
BOARD –
The Planning Board of the Town of
CONDOMINIUM CONVERSION – Creation of units for condominium or cooperative ownership in a building, which was at any time before the recording of the declaration wholly or partially occupied by persons other than purchasers and persons who occupied with the consent of the purchasers.
CONDOMINIUM OR COOPERATIVE CONVERSION EVICTION – An eviction of a tenant by a landlord or any agent thereof for the purpose of removing such tenant from a housing accommodation in connection with the initial sale and transfer of legal title to that housing accommodation to a prospective purchaser as a condominium unit, cooperative or similar form of ownership, or, and eviction of a tenant by any other person who has purchases a housing accommodation when the tenant whose eviction is sought was a residents of that housing accommodation as a condominium unit, cooperative or unit held in a similar form of ownership. A conversion eviction shall not include an eviction by reason of the tenants; substantial violations of the terms of the tenancy.
CONDOMINIUM UNIT – A unit of a condominium as that is defined in Chapter 183A of the Massachusetts General Laws or any successor statute with respect to condominiums (the “condominium statute”).
COOPERATIVE UNIT – A unit in a housing cooperative as set forth in Massachusetts General Laws, Chapter 157.
ELDERLY TENANT – A tenant who is a person or group of persons residing in the same housing accommodation any of who has reached the age of 60 years or over as of the date of receipt of the notice provided for hereunder.
HANDICAPPED PERSON – A person as defined in Sections 3(20 of the U.S. Housing Act of 1937 as amended by the Housing and Community Development Act of 1974.
HOUSING ACCOMMODATION – Any building, structure, or part thereof or land appurtenant thereto, or any other real or personal property rented or offered for rent for living or dwelling purposes containing three or more dwelling units, together with all services connected with the use or occupancy of such property.
LANDLORD – The individual who holds legal title to any housing accommodations in any manner including, but not limited to, a partnership, corporation or trust. For the purposes of this Bylaw, the rights and duties of a landlord hereunder shall be the obligated of anyone who manages, controls, or customarily accepts rent on behalf of the landlord.
LOW AND MODERATE INCOME HOUSING – Households whose total income for the previous ear was equal to or less than the qualification income for the Section 8 housing Assistance Program as designated from time to time by the United States Department of Housing and Urban Development pursuant to Section 8 of the Housing Act of 1927 as amended by the Housing and community Development Act of 1974 and calculated pursuant to such regulations.
RENTAL HOUSING AGREEMENT – An agreement, verbal, written or implied between a landlord and a tenant for use or occupancy of a housing accommodation or for housing services.
TENANT – Any person entitled under the terms of a renal housing agreement to the use and occupancy of any housing accommodation or for housing services.
UNJUSTIFIABLE RENT INCREASE – Any rent increase exceeding that allowed by consumer price index, 10% maximum, and Tax Escalation Clause provisions of the Section 4(3) of Chapter 527 of the Acts of 1983.
§35-4. Applicability.
A.
A.
This Bylaw shall be applicable to all multi-family dwellings located
within the Town of
B. B. As required by Chapter 527 of the Acts of 1983 provisions which go beyond the protection in that Act do not apply to certain federally insured, Mass. Housing Finance Agency-financed, or adoptive-reuse-created units listed in Section 2 of that Act.
§35-5. Condominium or cooperative conversion
permit.
A. A. A condominium or cooperative conversion issued by the Planning Board is required for conversion of existing structures to condominium or cooperative ownership, and such permits shall be required prior to the filing of a master deed pursuant to the Massachusetts General Laws, Chapter 183A.
B. B. Anyone wishing to apply for a condominium or cooperative conversion permit shall give notice to the tenants according to this Bylaw and Chapter 527 of the Acts of 1983, and then shall file an application with the Town Clerk for transmittal to the Planning Board.
1. 1. Any application for a condominium or cooperative conversion permit shall be accompanied by a filing fee under the fee schedule established by the Planning Board and approved by the Board of Selectmen, and by copies of notices of intent and other items required by the Planning Board.
2. 2. Within sixty (60) days of the receipt of a properly executed application at a regularly scheduled meeting of the Planning Board, the Planning Board shall hold a public hearing. Notice of the time and place of such public hearing, of the subject matter, sufficient for identification, and of the place where texts and maps thereof may be inspected shall published in the newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing and by posting such notice in a conspicuous place in the Town Hall for a period of not less than 14 days before the day of said hearing. Notice of said hearing shall also be sent by mail, postage prepaid, to the applicant, owners, and tenants.
3. 3. Within thirty (30) days following the public hearing, the Planning Board shall take final action on the application. Failure to take final action shall be deemed to be a grant of the permit applied for.
4. 4. Condominium or cooperative conversion permits con only be granted by at least four members of the Planning Board voting in the affirmative.
5. 5. A copy of the attested condominium or cooperative conversion permit shall be a part of and attached to the master deed recorded pursuant to Massachusetts General Laws, Chapter 183A. The applicant shall notify the Town Clerk within 10 days of recording a master deed.
6. 6. Permits shall expire if a master deed is not filed within 12 months of permit issuance, and an eighteen month period shall elapse before a subsequent permit application may be filed.
C. C. The Planning Board must approve any such application if it finds that the applicant has fully complied with all the conditions and required of the Bylaw.
D. D. Permits may be revoked upon finding (at a hearing advertised as per Chapter 41, Section 81T) that the applicant has violated tenants’ rights during the twelve to twenty-four month periods described in §35-6 below.
§35-6. Tenant rights.
A. A. An applicant who intends to convert a rental building to a condominium or cooperative ownership is required to give each tenant in such building notice of this intention. Such notice must precede application for a condominium or cooperative conversion permit as per §35-5B.
B. B. No applicant will be allowed to bring an action to recover possession of the premises (i.e., to evict a tenant) within the 12 months following the recording of a master deed, or within 24 months of such recording in the case of low and moderate income, handicapped or elderly tenants as defined in §35-3.
C. C. The notice of intention to convert must set forth generally the rights of a tenant under this Bylaw and must include a copy of this Bylaw as an attachment. The notice shall be mailed postage prepaid by registered mail, return receipt requested, to the tenant at the unit or any other mailing address provided by the tenant.
D. D. The Board shall have the right to deny an applicant a condominium or cooperative conversion permit if sufficient testimony is presented indicating that the tenants’ right under §35-6A to G of this Bylaw were violated prior to the application’s filing date. The Board shall also have the right to revoke a permit if sufficient testimony at a subsequent hearing called upon petition of five tenants is presented to indicate that tenants’ rights have been violated during the applicable to twelve or twenty-four month periods. The Board shall exercise these rights when it determines that the intent of this Bylaw has been so compromised.
E. E. No tenant may be given notice by the applicant to vacate the premises within the applicable twelve- or twenty-four-month period provided in §35-6A above, except by reason of substantial violations of the terms of the tenancy.
F. F. Any tenant under a lease entered into a subsequent to the effective date of this Bylaw shall have the right at any time after receipt of a notice to convert pursuant to this Bylaw, to terminate the lease upon notice. Such termination shall be without penalty or other termination charge to the tenant.
G. G. Within 60 days after recording a master deed pursuant to Massachusetts General Laws, Chapter 183A, the applicant shall offer to see each unit or proposed unit to the tenant who rents or leases that unit. Such an offer shall be in the form of a properly executed purchase and sale agreement. The terns and conditions shall be substantially the same as, or more favorable than, those offered to the general public for the 90 days following expiration of said tenants’ right to purchase pursuant to 5.4(e) of Chapter 527 of the Acts of 1983. The tenants’ right to first purchase expires 90 days after receipt of the applicant’s offer to sell.
H. H. The tenant in a conversion condominium or cooperative shall not unreasonably withhold consent to the applicant to enter the unit in order to inspect the premises, obtain data or show the unit to prospective or actual workers or purchasers. The applicant shall give the tenant at least two days’ notice of his intent and may enter only at reasonable times.
I. I. It shall be unlawful for any person to engage in any act of harassment against a tenant which is designed to, or is likely to result in the termination of the tenancy by the tenant. Conduct which shall be considered harassment shall include, but not be limited to, the following: failure of the landowner to make repairs in a timely and professional manner; imposition by the landowner of unjustifiable increases in the rental price of a unit; failure of the landowner to provide the tenant with essential services; verbal harassment and/or threats by the landowner against the tenant.
§35-7. Enforcement.
Any person violating any provision of this Bylaw, upon conviction thereof, shall be fined not more than $25 for each offense. Each one day period that willful violation continues shall constitute a separate offense.
§35-8. Effect on other regulations.
This Bylaw shall not interfere with or annul any Bylaw, rule, regulation or permit, provided that, unless specifically exempted, where this Bylaw is more stringent, it shall control.
§35-9. Severability.
The provisions of this section are severable. If a court declares invalid any such provision or its application to any person or circumstance, the invalidity shall not affect the validity of any other provision or application.
§35-10. Safety.
A. Any multi-family building which is converted to condominium or cooperative conversion shall be brought up to current Health and Building Codes wherever reasonably possible. The Board shall apply this section in consultation with the Building Inspector and Health Agent after considering testimony of the applicant or his engineers.
B.
Any multi-family building which is converted to
condominium or cooperative ownership shall meet the fire safety requirements of
780 CMR, Articles 6, 9 and 12 or of any fire safety
related code hereinafter adopted by the
C. Certification of final approval by the Planning Board shall be deemed to be the signing of the permit only after all involved inspectors have signed same.
GENERAL
REFERENCES
Boards, committees and commissions – See Ch. 17.
§40-1. Establishment; membership; terms.
There is hereby established a Council on Aging consisting of from seven to eleven citizens of this Town, appointed by the Board of Selectmen for terms not to exceed four years for any member. Said terms shall be staggered so that not more than three appointments shall be made in any calendar year. Members can be re-appointed for concurrent terms.
§40-2. Duties.
The duties of said Council on Aging shall be to:
A. A. Identify the total needs of the community’s elderly population;
B. B. Educate the community and enlist support and participation of all citizens concerning these needs;
C. C. Design, promote, or implement services to fill these needs, or coordinate present existing services in the community;
D. D. Promote and support any other programs which are designed to assist elderly programs in the community.
§40-3. State and federal agencies and laws.
Said Council on Aging
shall cooperate with the
§40-4. Reports.
Said Council on Aging
shall give an annual report to the Board Selectmen with a copy of that report
directed to the
CHAPTER 44, DEEDS OF RELEASE AND REDEEMED
REAL ESTATE
§44-1. Duties of Treasurer.
Deeds of release and redeemed real estate, if the estate has been taken or purchased by the Town for non-payment of taxes thereon, on the payment or tender of the amount of the tax, all intervening taxes, charges and fees, and interest in the whole in accordance with the provisions of the law of the Commonwealth, shall be made and executed by the Town Treasurer.
§44-2.
Any real estate which has been acquired by the Town for non-payment of
taxes may be sold by the Treasurer, with the prior assent of the Board of
Selectmen, and the Treasurer shall be empowered to execute, acknowledge, and
deliver sufficient deeds therefore.
Notice of such sale shall be given by posting a notice at the Town
Offices, posting a notice on the Town website, and by publication in two (2)
newspapers of general circulation in the Town once in each of two successive
weeks, the posting of said notice and the first publication to be not less than
14 days prior to the day of the scheduled sale.
[See MGL Ch. 60
§40 et seq. ]
GENERAL
REFERENCES
General penalty – See Ch. 1, Art. I
Property maintenance – See Ch. 122.
Solid waste – See Ch. 138.
§49-1. Permit to
dump required.
No person shall dump or allow to be dumped any landfill material on any premises in the Town of Abington in excess of 100 yards without a permit issued by the Board of Selectmen.
§49-2. Planning Board rules.
This article may be superseded by the rules and regulations of the Planning Board.
ARTICLE II, Control of Dump and Compost Site
§49-3. Control
by Board of Health; other dumps prohibited.
The Town Dump and compost site shall be under the control of the Board of Health and no person shall maintain a dump on any other premises in the Town.
§53-1. Posting at polling
places.
The Selectmen shall have such police officers as necessary posted at all polling placed for any election to enforce the laws relative to the election process.
GENERAL
REFERENCES
Failure to
pay taxes – See Ch. 102, Art I
ARTICLE I, Payment into Treasury
§59-1. Fees and revenues.
All fees or other
revenues collected by any Town
department or office shall be paid into the Treasury of the Town and accrue
to the benefit of the Town. Any fee or fine schedule established
pursuant to MGL Chapter
40 §22F shall be kept on file with the Town Clerk.
ARTICLE II, Town Clerk and Sealer of Weights and Measures Fees
§59-2. Town Clerk fees.
The schedule of fees to be charged by the Town Clerk under the provisions of Section 34 of Chapter 262 of the Massachusetts General Laws shall be those established by the Town Clerk under the provisions of Section 22F of Chapter 40 of the Massachusetts General Laws. A copy of the fees so adopted shall be posted and shall be available in the office of the Town Clerk.
§59-3. Sealer of Weights and
Measures fees.
The schedule of fees to be charged by the Sealer of Weights and Measurers under the provisions of Section 56 of Chapter 98 of the Massachusetts General Laws shall be those established by the Sealer of the Weights and Measurers, subject to approval by the Board of Selectmen, under the provisions of Section 22F of Chapter 40 of the Massachusetts General Laws. A copy of the fees so adopted shall be posted and shall be available in the office of the Town Clerk.
GENERAL
REFERENCES
General penalty – See
Ch. 1, Art. I
Property
maintenance – See Ch. 122
Zoning – See
§63-1. Responsibility of
property owners for dangerous fence; deadline for completion of work.
Should the presence of an otherwise lawful fence create a clear and present danger to the general public, it shall be the responsibility of the property owner to remedy the situation. The Fence Viewer may set a deadline for the completion of such work. If a fence is not repaired or removed pursuant to a determination of the Fence Viewer, the delinquent property owner shall be subject to all remedies and costs authorized by MGL Chapter 49.
§63-2. Responsibility of
property owner for erecting fence; deadline for completion of work.
Should the lack of a lawful fence create a clear and present danger to the general public, it shall be the responsibility of the property owner to erect a lawful fence or otherwise remedy the situation. The Fence Viewer may set a deadline for the completion of such work. The presence of, or lack of, clear and present danger to the general public shall be determined by a majority decision of the Fence Viewer, Fire Chief and Police Chief.
§63-3. Powers of Fence Viewer.
The Fence Viewer shall be allowed to take any necessary actions in order to accomplish the duties of the Fence Viewer in a safe and timely manner.
§63-4. Conditions and specifications.
Low-voltage electrical “security” fencing with a maximum of 12 volts, primary voltage, may be permitted within areas of Abington zoned for non-residential use; and in the event a person, firm, corporation, or other entity erects electrical fencing in a permitted zone, the following conditions and specification shall apply:
A. A. An electrical fence shall be no higher than 10 feet tall from its lowest electrical point;
B. B. An electrical fence shall be completely surrounded by a non-electrical fence or wall, that fence/wall must conform with all existing regulations;
C. C. The surrounding non-electrical fence/wall shall be separated from the electrical fence by at least six inches at the closest point between the electrical fence and the non-electrical surrounding fence/wall.
D. D. And electrical fence shall be equipped with an emergency “shut off” in a location readily accessible to emergency personnel;
E. E. An electrical fence shall be identified as such at least every 30 feet.
§63-5. Livestock fencing.
The above regulation (§63-4) shall not apply to electrical livestock fencing, which may be permitted within all areas of Abington, under the following conditions;
A. A. An electrical livestock fence shall be identified as such at least every 60 feet;
B. B. An electrical livestock fence must comply with all other fence regulations.
§63-6. Fee.
The Fence Viewer shall be entitled to assess a fee for his/her services
in accordance with MGL
Ch. 49.
GENERAL
REFERENCES
Town Meeting – See
Boards, committees and commissions – See Ch. 17.
§67-1. Appointment; terms;
eligibility.
A Finance Committee of nine voters of the Town shall be appointed by the Moderator to fill staggered three-year terms. No elective or appointive Town officer or Town employee shall be eligible to serve on said Committee. If any member announces his candidacy for an elective office, his position shall be deemed to be vacant and shall be filled as herein provided.
§67-2. Organization;
vacancies.
The Finance Committee shall meet for
purposes of organization each year within 75
days after the start of each fiscal year.
It shall choose its own officers, and it shall cause to be kept a
true record of its proceedings. It may appoint sub-committees and liaisons
from its own membership. It shall
notify the Town Manager, Selectmen,
Town Clerk, and Moderator in writing of its organization. Vacancies shall be filled promptly by the
Moderator for the unexpired term of the member whose appointment is vacated.
§67-3. Access to books, contracts, and accounts.
The Finance Committee shall have the
authority to inspect and have access
to all books, accounts, contracts and
documents of any department or
office of the Town. Copies of all
newly-negotiated employment contracts and contract amendments shall be
submitted to the Town Accountant by the appropriate town agency within ten (10)
days after the contract’s execution by all parties, and the Town Accountant
shall be custodian of all original Town contracts.
§67-4. Consideration of articles; recommendations.
The Finance Committee shall report its recommendations in writing on
every article contained in a town meeting warrant at least ten (10) days prior
to a scheduled town meeting. Said
recommendations shall include a summary of reasons for each recommendation, and
the report shall be made available to the public at the Town Clerk’s office and
on the Town’s website.
§67-5. Preparations of budget estimates.
The Town Manager shall annually prepare a detailed budget for the
ensuing year in accordance with the requirements of the Charter. A draft budget shall be submitted to the
Finance Committee on or before January 15th of each year in
preparation for the
§67-6. Requests for funds
after Town Meeting.
When requesting a Reserve Fund Transfer from the Finance Committee
subsequent to the Annual Town Meeting, Town officers, department heads, boards,
and committees shall submit such requests on forms furnished by the Finance
Committee together with explanatory statements in sufficient detail to justify
the request.
§67-7. Inventory of Town
property; inventory forms; disposal of property.
Each Town officer, department head, board, or committee shall be responsible for the proper use, handling, storage, condition and security of all tangible Town-owned property in its possession or under its control. Each responsible individual, board, or committee shall, not later than July 15th of each year, prepare and furnish to the Town Accountant and to the Finance Committee an inventory as of June 30th of all such property on forms provided for the purpose. Accompanying such inventory list there shall be shown separately a list of property declared to be of no further use and surplus to its needs. Before disposal of surplus property by sale, transfer to another department, destruction, or otherwise, such action shall be approved by the Board of Selectmen. Report of the action taken by such Board shall be furnished the Town Accountant and Finance Committee. Inventory sheets and surplus property lists shall be prepared in such form and detail as the Town Accountant may prescribe.
§67-8. Annual internal audit.
The Board of Selectmen shall within each calendar year, without notice, cause to be made an internal audit of the town’s inventory by the Town’s Internal Auditor of all property (excluding office furniture and general office supplies with a total value of less than $5,000) in the possession or control of each Town officer, department heard, board or committee and such audits shall be filed with the Town Manager and Finance Committee.
CHAPTER 71, FIREARMS AND EXPLOSIVES
GENERAL
REFERENCES
General
penalty – See Ch 1, Art I
Explosives
and flammable material – See Ch 75, Art I
Underground
storage of flammable fluids – See Ch 75, Art II
§71-1.
Permission to discharge required; exceptions.
No person shall fire or discharge any firearm or explosive of any kind within the limits of any highway, park or other public property, except with a permit by the Board of Selectmen; or on any private property except with the consent of the owner or legal occupant thereof; provided, however, that this Bylaw shall not apply to the lawful defense of life or property nor to any law enforcement officer acting in the discharge of his duties.
GENERAL
REFERENCES
General penalty – See Ch. 1, Art. I.
Explosives – See
Commercial garages – See Ch. 81.
Gas installations – See Ch. 84.
ARTICLE I, Explosives and Flammable
§75-1. Fees.
The Fee for a
license for keeping, storage, or manufacture or sale of explosives and
inflammable material issued by the local licensing authority under the
provisions of MGL Ch. 148 §13 shall
be established from time to time by the Fire Chief, pursuant to MGL Ch. 40
§21F. A schedule of said fees shall be
kept on file at the Fire Department and with the Town Clerk.
ARTICLE II,
Underground Storage of Flammable Fluids
§75-2. Testing Schedule.
Any flammable liquid or gasoline storage tank installed below the ground under license duly granted by the Board of Selectmen shall be tested for leakage at the expense of the owner upon installation, and according to the following schedule, the date of which shall be determined by the license date or the date of installation, whichever is later:
A. A. Day of installation.
B. B. Every five years up to 20 years.
C. C. Every two years up to 30 years.
D. D. After 30 years, annually unless the Fire Chief determines that conditions indicate more frequent testing be done.
§75-3. Supervision of testing;
removal of leaking tanks.
Such testing shall be done under the supervision of the Fire Chief using the Kent/Moore Test Method or equal. The tank or tanks shall be removed by the owner, at their expense, if it fails the test, or at any time when it becomes a hazard because of leakage or otherwise in the opinion of the Fire Chief.
§75-4. Town held
harmless; obligations of owners upon discontinuance.
The fact of installation, maintenance and/or usage of such storage tanks under a license granted by the Board of Selectmen shall constitute an agreement on the part of the owner or owners of such tanks to save and hold harmless the Town of Abington from any and all reasonable and necessary expenses of removing said tanks upon expiration of the license, or at any time when the same shall be required in the opinion of the Fire Chief. The fact of installation, maintenance and/or usage of such storage tanks under a license granted by the Board of Selectmen shall constitute on the part of the owners an obligation to remove such tanks at the cost of the owners upon the discontinuance and/or abandonment of that business necessitating or using such tanks, whether or not such discontinuance and/or abandonment be less than the five-year limitation above mentioned. Removal of such tanks under the provisions herein shall be within 180 days of the date of discontinuance or abandonment.
§75-5. Jurisdiction over
leakages; notification information.
Jurisdiction over any and all leakage of flammable liquid or other harmful and injurious matter into any main, line or other conduit below the surface of the ground, constituting a detriment to the public health or safety, shall be vested with the Fire Chief.
A. A. Upon determination of such leakage into such main, conduit or line, the Fire Chief shall cause to be sent by registered mail, notification of such leakage to all owners of land duly licensed for such storage of gasoline or other flammable or injurious material in the area defined as the source of such leakage and the particular main, line or conduit affected;
B. B. The defined area within which the source of leakage is located, if ascertainable;
C. C. A demand upon the owners of such licensed land within the defined area to take necessary action to test and confirm the absence of any such leakage from storage tanks upon the owners’ particular land;
D. D. A reasonable time limit within which to effect such tests, not to exceed 72 hours;
E. E. Notification of the intention of the Town to make such reasonable tests as are requested upon the failure of the owner to take action;
F. F. The amount of charge for such tests in the event the owner fails to comply with the demand
§75-6.
Installation and usage constitutes agreement.
The fact of the installation, maintenance and/or usage of such storage tanks under the license of the Board of Selectmen, with the actual or implied consent of the owner of such land, shall constitute an agreement on the part of the owner of such licensed land to take such action as constitute an agreement on the part of the owner of such licensed land to take such action as requested above to discover the presence or absence of any such leakage; and shall further constitute an agreement on the part of the owner to hold and save harmless the Town from any reasonable and necessary expenditures incurred by the Town in testing the licensed land upon failure of the owner to comply with the notification of the Fire Chief.
§75-7. Tanks in floodplain
areas; fee.
Any tanks installed in a floodplain area will be in a concrete vault. The fee for an original license and renewal license shall be in such sums set forth in Article I of this chapter.
CHAPTER 81,
GARAGES, COMMERCIAL
GENERAL
REFERENCES
General Penalty – See Ch 1, Art. 1.
Storage of explosives – See Ch. 75.
Zoning – See
Any person who maintains a commercial garage wit the facilities for the repair, alteration or towing of motor vehicles including an autobody shop, so-called, shall first obtain a license therefore from the Board of Selectmen.
§81-2. License fee.
Fee for the license shall be fixed from time to time by the Board of Selectmen.
§81-3. Expiration; revocation;
hearing.
Licenses issued hereunder shall expire June 30 following the date of issue and may be revoked at any time, after a hearing, by the Board of Selectmen.
GENERAL REFERENCES
General penalty - See Ch. 1, Art. I
Storage of flammable liquids – See Ch. 75.
§84-1. Appointment of
Inspector.
The Town Manager shall annually appoint an Inspector of Plumbing, Gas Piping and Gas Appliances in Buildings, which person shall be a licensed plumber or licensed gas fitter, who shall insure that installations comply with the requirements of the regulations of the Massachusetts Gas Regulatory Board.
§84-2. Permit to
install gas equipment required.
No person, firm or corporation shall install any gas pipes, equipment, appliances or systems in the Town without first obtaining a permit.
The Board of Health shall determine such fees as may be payable to the Town for such gas installation permits.
CHAPTER 89, HISTORICAL COMMISSION
GENERAL REFERENCES
Zoning –
See
§89-1. Membership; terms.
The Historical Commission shall be comprised of five members, who must be residents of the Town. The members shall be appointed by the Board of Selectmen to fill staggered three-year terms. They shall survey, research, and record the important historic places in the Town and shall, as mandated by the state law, see to preserve, protect, and develop these historic assets.
§89-2. Authority of
Commission.
A. A. The Historical Commission shall be the authority for interpreting the historic aspects of the Town.
B. B. The Historical Commission may, from time to time, classify a certain place in the Inventory to be of especial historic value to the Town as a whole. In order to make the owner of the property, as well as the appropriate Town departments and the public in general, aware of its importance, a copy of its record in the Inventory shall be forwarded to the Selectmen, together with a covering statement by the Commission. If the Selectmen concur with the Commission’s decision, they shall declare the place to be of especial value to the Town, and shall have a copy filed with the Town Clerk, and shall also forward copies to the Abington Planning Board, the Zoning Board of Appeals, and any other Town departments or officers who may be interested and/or make a request. Copies shall also be forwarded to the Old Colony Planning Council and to the owner(s) of private property involved.
§89-3. Urging property owners
to include deed designation.
The Historical Commission shall have the right to urge the owner(s) of private property which has been declared an important historic place in the town to so indicate the designation on the instrument of transfer (or deed) if and when the property changes hands.
§89-4. Declassifying
properties; procedure.
A declaration that a place has historic importance shall cease to be effective if and when the Historical Commission re-evaluates the place and so advises the Selectmen who shall then withdraw the item from the files of the Town Clerk and other, and a public announcement of the action shall be published in the local newspapers.
§89-5. Severability.
Rejection of any section or part of a section of this Bylaw shall not invalidate any other part thereof.
GENERAL
REFERENCES
Junked vehicles - See Ch.
163.
§94-1. Authority of Selectmen
to license dealers and collectors.
The Selectmen may license suitable persons to be dealers in and keepers of shops for the purpose, sale or barter of junk, old metals or secondhand articles, and may also license suitable persons as junk collectors to collect by purchase or otherwise, junk, old metals and secondhand articles from place to place in the Town.
GENERAL
REFERENCES
General penalty -- See Ch. 1, Art. I
Zoning –
See
ARTICLE I,
Investigation of Complaints
§98-1. Investigation by
Selectmen.
Upon the complaint of an abutter, the Selectmen shall investigate the use of adjoining land, which although within the allowed use under the Zoning Bylaws (§175) or Health Regulations is alleged to be conducted in such a manner that it unnecessarily or unreasonably interferes with the use or quiet enjoyment of the complainant’s land.
§98-2. Hearing; Order to
correct.
If the Selectmen, after such investigation, deem it necessary, they may order a hearing, if as a result of such hearing they find the complaint justified they shall order such corrections in the use of such land as they deem necessary.
§98-3. Failure to comply with
order.
Failure of compliance with an order of the Selectmen under this section shall constitute an offense under these Bylaws.
ARTICLE I, Failure
to Pay Taxes
§102-1. Furnishing of list.
The Tax Collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the Tax Collector, shall annually furnish to each department, board, commission or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation, 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 that such party has not filed in good faith a pending application for an abatement of such tax or pending petition before the Appellate Tax Board.
§102-2. Denial by licensing
authority; hearing; issuance of certificate indicating good standing.
The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the Tax Collector; provided, however, that written notice is given to the party and the Tax Collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than 14 days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The Tax Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any finding made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceeding 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 the date of issuance of said certificate.
§102-3. Issuance of certificate
upon compliance with payment agreement.
Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitation 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, however, that the holder be given notice and hearing as required by applicable provisions of law.
§102-4. Waiver.
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 in the business or activity conducted in or on said property.
§102-5. Non-applicability.
This article shall not apply to the following licenses and permits:
A. Open burning; Section 13 of Chapter 48
B. Bicycle permits; Section 11A of Chapter 85
C.
D. Children work permits; Section 69 of Chapter 149;
E. Clubs, associations dispensing food or beverage license; Section 21E of Chapter 140;
F. Dog licenses; Section 137 of Chapter 140;
G. Fishing, hunting, trapping license; Section 1 of Chapter 131;
H. Marriage licenses; Section 28 of Chapter 207; and
I. Theatrical events, public exhibition permits; Section 181 of Chapter 140.
CHAPTER 113, PEACE AND GOOD ORDER
GENERAL
REFERENCES
General
Penalty – See
Consumption of alcoholic beverages in public – See Ch. 7, Art. I.
ARTICLE I, Ball
Playing in Street
§113-1. Restrictions.
No person shall play ball, or throw balls, stones, snowballs, or any other missiles within or upon any of the streets or public places of the Town, except places set apart for such purposes.
ARTICLE II,
Posting of Advertisements
No person shall post, draw, affix or in any way attach any poster, handbill, notice, advertisement or placard, or paint, draw, affix or stamp any letter, notice, advertisement or placard, or paint, draw, affix, or stamp any letter, notice, figure, advertisement or mark upon or into any way, fence, post, tree, building or structure not his own, without the permission of the owner if private property, or of the Selectmen if public property.
ARTICLE III,
Injury to Memorials and Gravesites
§113-3.
Desecration prohibited.
No person shall injure, deface or destroy any building, monument or memorial, or desecrate any grave or gravesite or burial place within the Town.
§113-4. Violations and
penalties.
Any person or persons so injuring, defacing or destroying any building, monument or memorial, or desecrating any grave or gravesite or burial place will be subject to a fine of $300, plus full restitution for the amount of damages.
No person shall operate any sound truck or other similar open air sound making device in the Town, without a permit from the Selectmen.
§113-6. Peeping
into Windows.
No person, except an officer of the law in the performance of his/her
duties, shall enter upon the premises of another or upon any public property
for the purpose of peeping into the windows of a house or other building or of
spying in any manner upon any person or persons therein.
CHAPTER 117, PEDDLING AND SOLICITING
GENERAL
REFERENCES
General
Penalty – See
Junk
dealers – See Ch. 94
ARTICLE I,
Peddling and soliciting
§117-1.
Registration required.
No person unless authorized shall go from place to place with the Town selling or bartering or carrying for sale or barter, or exposing therefore or taking orders therefore any magazines, periodicals, goods, ware and merchandise, nor shall any person go from place to place within the Town begging or soliciting alms or contributions for any person, cause or organization, either on foot or from any animal or vehicles without first having recorded his/her name and address with the Chief of Police and furnished such other information as may be requested of him/her.
The Chief of Police shall thereupon, if satisfied with the honesty of the applicants, issue a permit for a period not exceeding 12 months, which must be shown on request, and shall state that said person has duly registered and is entitled to go from place to place within the Town for the purpose specified.
ARTICLE II,
Hawkers and Peddlers
§117-3. Issuance of licenses by
Selectmen; fee.
The Board of Selectmen shall have the authority to grant licenses to all hawkers and all peddlers who are engaged in the sale or barter of any and all types of merchandise including the sale of prepared or unprepared food; said license fee to be established by the Board of Selectmen.
CHAPTER 122, PROPERTY MAINTENANCE
GENERAL
REFERENCES
Land use
complaint – See
Junked
vehicles – See Ch. 163
ARTICLE I, Discharge
of Offensive Matter Into Streets
§122-1. Contents of sinks,
cesspools and privies.
No person shall place, or cause to be placed, or discharged or suffer to be discharged, in any public or private way of the Town, the contents of any sink, cesspool or privy.
§122-2. Dead animals, rubbish
and garbage.
No person shall place any dead animal or substance, rubbish or garbage, in any public or private way of the Town, except for the purpose of immediate removal therefrom.
§122-3. Violations and
penalties.
Whoever violates any provision of this Bylaw shall be liable to a penalty of not more than $1,000 for each violation.
ARTICLE II, Public
Safety Hazard Abatement
§122-4. Enforcement officials.
In order to ensure the public safety and public convenience of the inhabitants of the Town, it shall be the duty of the Fire Chief, Police Chief, Building Inspector and Zoning Enforcement Officer, and Health Agent to require the abatement of any public health or safety hazard on public or private property. The Fire Chief, Police Chief, Building Inspector and Zoning Enforcement Officer, and Health Agent shall investigate and issue orders consistent with the General Laws, to order the abatement of the hazard.
§122-5. Failure to abate;
filing of complaint.
Upon failure of the property owner to abate a hazard within a
reasonable time after issuance of a written order to do so, as established by
the General Laws or by local order, the Board of Selectmen and/or the Board of
Health may assess daily fines and shall direct the various Town officials under
its charge to file a complaint in the District Court seeking a criminal
complaint to force the abatement of the hazard.
The definitions of a public health or safety hazard will be as defined by the General Laws, Code of Massachusetts Regulations, these Bylaws, and the rules and regulation of the Board of Health.
§122-7. Swimming
pool fencing.
A. Every outdoor private spa,
hot tub and in-ground swimming pool containing more than 24 inches of water in
depth shall be enclosed by a fence or barrier at least five (5) feet in height,
having pedestrian access gates which shall open outwards away from the pool and
shall be self-closing with a self-latching device.
B. The fence or barrier required
for an outdoor private above-ground swimming pool shall comply with the height
requirements of 780 CMR 421.10, as may be amended.
C. Said fences or barriers shall
comply with all other provisions of 780 CMR 421.10 and all other applicable
provisions of the State Building Code, as may be amended.
D. No more than 24 inches of
water may be allowed in any outdoor private spa, hot tub, or swimming pool
until the fence or barrier required by this bylaw is properly installed.
E. A spa or hot tub with an
approved safety cover shall be exempt from the fencing requirement, in
accordance with 780 CMR 421.10.4.
F. This bylaw shall apply to the
new installation, renovation or reconstruction of any outdoor private swimming
pools, spas and hot tubs after May 1, 2006.
GENERAL
REFERENCES
Subdivision of land – See Ch. 200.
ARTICLE I,
Connection of Runoff Sources to System
§128-1. Certain
Connections prohibited.
No property owner shall allow roof downspouts, foundation drains, sump pumps, areaway drains, or any other sources of surface runoff or groundwater to be connected to a building sewer or other pipe which discharges to the municipal sewer system.
§128-2. Notice
to discontinue illegal connection.
Any property owner found to be in violation of this article shall be given written notice by the Board of Sewer Commissioners requiring said property owner to provide proof of discontinuance of said illegal connection within 30 days thereafter, unless further extended by vote of the Board of Sewer Commissioners.
§128-3. Violations and
penalties.
Failure to discontinue said illegal connection pursuant to said notice shall cause said property owner to be assessed a fine of $50 per day until the violation is shown to be removed and proven to be remedied. Said fine shall be added to the property owner’s sewer usage bill and shall be subject to the interest and lien penalties of the usage bill.
GENERAL
REFERENCES
General
Penalty – See
Subdivision
of land – See Ch. 200
§134-1. Permit
required; exception.
No person shall remove any soil or loam from the premises or from any land not in public use unless such removal is authorized by permit issued by the Board of Selectmen, except for the continued operation of the same parcel of an existing sand and gravel pit, and except when incidental to and reasonably required in connection with the construction of a legal or approved use or structure or an approved subdivision.
GENERAL
REFERENCES
Dumping
– See
ARTICLE I, Regulation of Facilities
§138-1. Preamble.
General Laws Section 150A, Chapter 111, requires that every person maintaining or operating a solid waste facility shall operate the facility in such manner as will protect public health and safety and the environment. Upon determination by the Board of Health that the operation or maintenance of such a facility results in a threat to public health and safety or the environment the Board shall rescind, suspend, or modify the site assignment following due notice and a public hearing.
§138-2. Purpose.
This article establishes the following procedures in addition to the procedures required by state law and regulation, to protect the rights of the people of Abington to clean air and water guaranteed by Article 97 of the Articles of Amendment to the Massachusetts Constitution.
§138-3. Statutory authority.
This article is adopted pursuant to the Home Rule Amendment of the Massachusetts Constitution, Article 89 of the Articles of Amendment, independent of the provisions of Section 150A of Chapter 111 of the General Laws and regulations promulgated thereto.
§138-4. Petition.
Any 10 or more residents of Abington or of any town located within ˝ mile of a solid waste facility (an “abutting town”), if any, may petition the Board of Health in writing alleging that said solid waste facility is operating in violation of its site assignment or of any applicable law, regulation, order, or bylaw or that the maintenance or operation of a solid waste facility results or may result in a threat to public health or safety or the environment.
§138-5. Burden of proof.
When an allegation is made that a solid waste facility is in violation of any applicable law, regulation, order, or bylaw or that the maintenance or operation of a solid waste facility results in or may result in a threat to public health or safety or the environment, the burden of proof shall be on the owner or operator of said solid waste facility to prove that the facility is not in violation or that the operation of the facility does not result in a threat to public health, safety, or the environment, as the case may be.
§138-6. Preliminary hearing.
No later than 21 days following receipt of such a petition, the Board of Health shall schedule a preliminary hearing. The purpose of the preliminary hearing shall be to decide whether the Board should schedule a site assignment hearing pursuant to Section 150A of Chapter 111 of the General Laws to consider whether to rescind, suspend, or modify the site assignment of said facility. The preliminary hearing shall be held no later than 60 days following receipt of the petition.
§138-7. Hearing notice.
Notice of the preliminary hearing shall be made at least 21 days prior to the commencement of the hearing by notice printed in a display advertisement in every newspaper of general circulation in Abington and an abutting town, if any. Said notice shall include the entire text or concise summary of the petition, the date, the time, and place of the preliminary hearing, how residents can participate in the meeting, and where application materials can be reviewed and the deadline for submitting written comments on the petition to the Board of Health. At least 14 days prior to commencement of said preliminary hearing, the Board of Health shall send a copy of said notice of said preliminary hearing by first class mall to all residents and landowners located within one mile of the proposed site, including residents of an abutting town, if any.
§138-8. Hearing procedure.
The preliminary hearing shall be conducted as follows:
A. A. The petitioners shall first describe the basis for their petition.
B. B. Then, the owner or operator of the affected facility shall be given a reasonable opportunity to respond.
C. C. The Board shall then allow public testimony, shall accept written comments for a specific period of time that shall be announced at the preliminary hearing. The hearing shall be conducted as informally as possible, and shall follow the rules of evidence commonly followed in the courts. Any resident of Abington or an abutting town, if any, and of the general public, shall be allowed to present oral or written testimony during the hearing.
§138-9. Written decision.
No later than 30 days following the conclusion of the preliminary hearing, the Board shall render a written decision whether or not to convene a site assignment pursuant to Section 150A, Chapter 111 of the General Laws to consider whether the site assignment should be rescinded, suspended, or modified.
§138-10. Severability.
Each of the paragraphs within this article shall be construed as separate to the end that if any sentence, clause, or phrase thereof shall be held invalid for any reason the remainder of that paragraph and all other paragraphs of this article shall continue in force and effect.
ARTICLE II, Site Selection Procedures
§138-11. Preamble.
This article establishes public participation requirements to improve the public process following the filling of a site assignment application for a new solid waste facility.
§138-12. Purpose.
The purpose of this article is to protect the rights of the people of Abington to clan air and water guaranteed by Article 97 of the Articles of Amendments to the Massachusetts Constitution, and to protect their right to petition government guaranteed by the Massachusetts Constitution, Article 19 of the Declaration of Rights, and by the First Amendment to the United States Constitution.
§138-13. Statutory authority.
This article is adopted pursuant to the Home Rule Amendment of the Massachusetts Constitution, Article 89 of the Articles of Amendment, independent of the provisions of Section 15A of Chapter 111 of the General Laws and regulations promulgated thereto.
§138-14. Establishment of
procedures.
This Bylaw establishes procedures to require an informational meeting by the Board of Health which is held following the filling of an application for a site assignment for a proposed solid waste facility.
A. A. The Board of Health shall hold a public informational meeting no later than 45 days following the receipt by the Board of a site assignment application for a proposed solid waste facility, where the applicant shall be invited to give a short presentation and answer questions from attendees.
B. B. At least 14 days prior to commencement of said informational meeting, the Board of Health shall require the applicant place a large four-foot by eight-foot sign at the proposed site, on the nearest public way, which states in a clearly readable typeface that “This is a proposed site of a (type of facility) proposed by (name of applicant). An informational meeting on the application will be held (date) (time) at (location). For more information, contact, (name, title, phone number and address of Board of Health contact),” and which shall contain a brief description of the proposed project and where application materials can be reviewed.
C. C. At least 14 days prior to commencement of said informational meeting, the Board of Health shall send notice of said meeting, which shall include a brief description of the project, the date, time and location of the meeting, how residents can participate in the meeting, and were application materials can be reviewed, by first class mail to all residents and landowners located within one mile of proposed site, including residents and landowners in an abutting town if the proposed site is within one-half mile of that town (an “abutting town”).
D. D. At least 14 days prior to commencement of the informational meeting, the Board of Health shall forward a copy of the application for a site assignment to the Abington Public Library and to the public library in an abutting town, if any, and place a copy on the Internet.
E. E. At least 14 days prior to commencement of the informational meeting, the Board of Health shall publish notice as display advertisement in a non-legal section of one or more newspapers in general circulation in Abington and an abutting town, if any, which shall include notice of the informational meeting and where the application materials can be reviewed, and shall send the notice as a press release to all newspapers and media outlets which circulation in the town(s).
F. F. The Board of Health shall provide for either live public broadcast of the informational meeting on the local cable access channel, or if that is not feasible, for the videotaping of the informational meeting for later broadcast.
G. G. The Board of Health may assess upon the applicant the costs for complying with the provisions of this article relative to the informational meeting and providing notice thereof. Said applicant may contest the amount so assessed and may request a hearing before the Board, who may then reconsider the amount of the assessment thereof.
§138-15. Severability.
Each of the paragraphs within this article shall be construed as separate to the end that if any sentence, clause, or phrase thereof shall be held invalid for any reason the remainder of that paragraph and all other paragraphs of this article shall continue in force.
CHAPTER 142, STREETS AND SIDEWALKS
GENERAL
REFERENCES
General penalty -- See Ch. 1, Art. I
Discharge
of offensive matter into streets – See Ch. 122, Art. I
Subdivision of land – See Ch. 200.
ARTICLE I, Permits to Build Sidewalks
§142-1. Granting permits.
The Selectmen may, with the approval of the Planning Board, grant permits to any persons to build sidewalks in front of their own land, or on any of the streets or ways in the Town, wherever the public safety will permit.
No person shall obstruct in any manner any sidewalk or ways of the Town without a permit from the Selectmen.
ARTICLE III, Discharge of Water onto Streets
No person shall pump or otherwise discharge water or other liquids onto any street, public way or public place so as to create a dangerous condition unless the Police Department, Fire Department or Highway Department permits same in an emergency.
ARTICLE IV, Openings and Excavations
§142-4. Road and
sidewalk opening permit required.
No person shall excavate, remove material or open any Town-owned property without first obtaining a road and sidewalk opening permit from the Board of Selectmen or its designee.
§142-5. Fee.
The fee for a road and sidewalk opening permit shall be established
pursuant to MGL Ch. 40 §22F, and a schedule of said fees shall be kept on file
at the Highway Department and with the Town Clerk.
§142-6. Regulations.
The Selectmen may adopt said regulations as deemed necessary to carry out the intent of this Bylaw.
§142-7. Violations and
penalties.
Penalty for breach of this article of this Bylaw shall be a fine of $200.
GENERAL
REFERENCES
Elections – See
Finance
Committee – See
Town Offices – See
§152-1. Date of Annual Town
Meeting and election of officers.
The Annual Town Meeting shall be held on the first Monday of April of each year. The election of such officers as are required by law to be elected by ballot and determination of such matters as are required by law to be determined by ballot shall be considered part of the Annual Town Meeting and shall be held on the last Saturday in April of each year.
§152-2. Delivery and posting of
Warrant.
A copy of the Warrant for every Annual and Special Town Meeting, with a notice of the time and place of holding the same, shall be mailed or delivered to each residence of one or more registered voters in Town and in addition thereto a copy of said Warrant and notice shall be posted at the post offices and two or more other public places in Town, and shall be posted on the Town’s website, in accordance with the provisions of the Massachusetts General Laws, Chapter 39, Section 10.
§152-3. Use of checklist for
admission to meetings.
At all Town Meetings, the Board of Selectmen shall be directed to use a checklist of registered voters for admission of all persons to said meeting.
§152-4. Quorum.
The quorum of any Annual or Special Town Meeting shall be 150 registered voters of the Town.
§152-5. Voting on amendments
involving money.
In conducting Town Meeting, on the proposed amendments involving sums of money the larger of the largest amount shall be put to the question first, and an affirmative vote thereon shall be a negative vote on any smaller amount.
§152-6. Reconsideration of
motions.
In conducting Town Meeting, when a motion for reconsideration is decided, that decision shall not be reconsidered and no question shall twice be reconsidered. No motion to reconsider a vote shall be in order after the meeting has been adjourned for any period of time subsequent to the passing of the vote which is sought to be reconsidered.
§152-7. Secret written ballot and two thirds votes.
A. Except on a motion on parliamentary procedure and except on a question involving an appropriation of money less than $5,000.00, in conducting all town meetings, when a vote on a motion or question is doubted by seven (7) voters or more, a count or a secret written ballot shall be taken.
B. Whenever a two-thirds vote is required by statute, such vote may be declared as such by the Moderator without a count and shall be recorded as such by the Town Clerk upon such declaration; provided, however, that seven (7) voters or more may challenge such declaration, at which time a count shall be taken.
§152-8. Order
of articles in warrant.
Articles for the Annual Town Meeting warrant, except for Articles I
(wage classification) and II (budgets), shall be inserted in the warrant in the
order in which said articles are received by the Board of Selectmen. Articles for any
§152-9. Order of consideration of articles.
In conducting Town Meeting, articles shall be considered in numerical order unless voted otherwise by a four-fifths majority of the voters present and voting at the meeting, or unless two or more articles are related in the opinion of the Moderator, in which event, the articles may be considered together.
§152-10. Voting on salary increases.
All proposed salary and wage increases for Town employees and officials other than employees of the School Department and increases previously approved shall be presented in a special article in the Town Warrant. Such salaries shall be itemized by department and job classification. On a motion duly seconded, a majority of voters present and voting at Town Meeting may require the Moderator to order a separate secret ballot on any position or classification included in a special article for proposed salary increases.
GENERAL
REFERENCES
Town
Meeting – See
§155-1. Office hours.
The Board of Selectmen shall fix the time when all Town offices and Town departments (other than those under the jurisdiction of the School Committee, Police and Fire Department), having one or more full time employee to whom the Classification and Salary Plan is applicable, shall be open and the Town employees present.
§155-2. Extra duty.
This shall not prelude, however, the authority of a department head to assign employees to extra duty above and beyond their regular hours as set forth by the Selectmen, provided such assignment conforms with the governing statues.
§155-3. Authority of Selectmen
to close offices.
The Board of Selectmen shall have the exclusive authority to close any Town office or department (with the exception of the public schools) for a day or a portion thereof other than regular scheduled holidays. The permanent full time employees of the Town shall be paid for such period as the offices or departments are closed by order of the Board of Selectmen.
CHAPTER 159, VEHICLES AND TRAFFIC
GENERAL
REFERENCES
General
penalty – See Ch. 1, Art I
ARTICLE I, Interference With Snow Plowing
§159-1. Removal of offending vehicles;
liability for costs.
No person shall place or
cause to be placed any vehicle on the public ways and public sidewalks in the Town of
§159-2. Unsafe
conditions caused by ice and snow.
No person shall plow, shovel, discharge or block a sidewalk, street or public way, place or cause to be placed, snow or ice which could cause an unsafe condition.
§159-3. Violations and
penalties.
Whoever violates any provisions of this Bylaw shall be liable to a penalty of not more than $50 for each violation.
ARTICLE II, Obstruction of Fire Lanes
§159-4. Obstruction of access
of fire equipment.
No person or persons shall obstruct by any means a private way so as to prevent access by fire apparatus or equipment to any multiple family building, stores, shopping centers, schools and places of public assembly.
§159-5. Parking
in fire lanes; measurement.
No person or persons shall park a vehicle in a fire lane designated by the Fire Chief and so posted. Said fire lanes shall be a distance of 18 feet from the curbing of a sidewalk in a shopping center, apartment complexes and similar locations. Where no sidewalk or curbing exists, the distance and location shall be established by the Fire Chief.
§159-6. Removal of offending
vehicles or objects.
Any object or vehicle obstructing or blocking a fire lane or private way may be removed or towed by the Town, under the direction of a police officer, at the expense of the owner and without liability to the Town.
§159-7. Signs and road
markings.
The owner of record
of any building required to maintain a
fire lane shall provide and install signs and road markings as required by 527 CMR 10.00. Said signs shall be no less than 12
inches by 18 inches and shall read “
§159-8. Violations and
penalties.
Any persons found in violation of the foregoing provisions shall, for each offense, be punished by a fine of up to $250. Each day that such violation continues shall constitute a separate offense.
ARTICLE III,
All-Night Parking
No person shall allow, permit or suffer any vehicle registered in his or her name, other than one acting in an emergency, to be parked on any street for a period of time longer than one hour between the hours of 1:00 am and 6:00 am of any day from November 15th to April 15th.
GENERAL
REFERENCES
Junk
dealers – See Ch. 94
Property maintenance - See Ch. 122.
Vehicles and traffic – See Ch 159.
§163-1. Time limit; written
complaint.
No junked and dilapidated motor vehicle may be allowed to stand for a period of more than 30 days on any premises unlicensed under Chapter 140, Section 57 of the General Laws, if the Selectmen have received a written complaint on same. The Selectmen’s judgment shall be final as to determine whether or not a motor vehicle is junked and dilapidated.
§163-2. Violations and penalties.
Penalty for a breach hereof shall be in an amount not in excess of $200 for each offense which may be removed by indictment or on complaint before a District Court.
CHAPTER 164, VEHICLES,
GENERAL
REFERENCES
Vehicles
and traffic – See Ch. 159
§164-1. License required; limit on number of licenses.
No person, except on whose principal business is the manufacture and sale of new motor vehicles but who incidentally acquires and sells secondhand vehicles, or a person whose principal business is financing the purchase of or insuring motor vehicles but who incidentally acquires and sells secondhand vehicles, shall engage in the business of buying, selling or exchange of secondhand motor vehicles or allow any property under his control to be used as a place of sale or display of such motor vehicles without first securing a Class II license as provided in MGL c. 140 §59. The total number of Class II licenses available shall be 25.
§164-2. Issuance of licenses.
A Class II license shall be defined in MGL c. 140, Section 58 and may be issued to any person whose principal business is the buying and selling of secondhand motor vehicles who falls within the limit of 25 licenses to be issued by the licensing authority of the Town of Abington on an annual basis.
§164-3. Licensing authority;
procedure.
The licensing
authority in the Town of
§164-4. Application criteria.
A. The total Class II licenses available shall be 25.
B.
No license will be granted to any applicant with
outstanding unpaid taxes or fees owed to the Town of
C.
The sale of motor vehicles shall be the principal
business of the applicant. Further, the
applicant must be actively involved in the sale of used motor vehicles in the
Town of
D. The license holder must maintain or demonstrate access to repair facilities sufficient to enable him or her to satisfy the warranty repair obligations imposed by MGL c. 90, Section 7N Ľ. (MGL c.140, Section 58)
E. The Board of Selectmen shall cause an investigation of the facts stated in the application, that the applicant is a qualified person to engage in the business of selling motor vehicles in the Town of Abington. (MGL c. 140, Section 59.)
F. A plot plan shall be submitted to the Board of Selectmen in addition to any plot plan that may be required by other boards.
G. If the applicant had not held a Class II license in the year prior to making of the application, the application must be completed in duplicate, with one copy being filed with the licensing authority (Board of Selectmen), and the other copy filed with the Registry of Motor Vehicles. (MGL c.140, Section 59)
H. No Class II license shall be granted unless the licensing authority is satisfied from its investigation of the facts stated in the application, or other available information, that the applicant is a “proper person.” (MGL c. 140, Section 59)
I. Any Class II license that is issued by the licensing authority shall specify all of the premises to be occupied and used by the licensee for the purpose of carrying on the licensed business. (MGL c. 140, Section 59)
J. Permits for a change of situation of the licensed premises or any lawfully permitted additions thereto may be granted at any time by the licensing authority, in its discretion, in writing with a copy of any such permit to be attached to the license.
K. The rules and regulations promulgated by the Registry of Motor Vehicles defining sufficient repair facilities for holders of used car dealer’s licenses (Class II) represent minimum standards that must be complied with by the holders of such licenses. (MGL c. 140, Section 58)
L. An applicant for a Class II license must demonstrate compliance with all requirements of the Abington Zoning Bylaws, or the approval of any required zoning relief from the Zoning Board of Appeals; otherwise such license will not be issued by the Licensing Authority.
M. All licenses granted under MGL c. 140, Section 59 shall be revoked by the licensing authority if it appears after a hearing that the licensee is not complying with MGL c. 140, Section 57 to 69, inclusive, or the rules and regulations made thereunder.
§164-5. Operations criteria.
A. No dismantled, incomplete, or damaged motor vehicles or parts thereof shall be visible from the street or to abutters.
B. All repairs and maintenance of motor vehicles on the premises are to be done inside of a building or buildings.
C. Appropriate fencing may be required if, in the opinion of the Board of Selectmen, it is deemed necessary to control access to the property, or to maintain the aesthetic value of the neighborhood.
D. The number of motor vehicles on the premises shall be limited to the available space as shown on the submitted plot plan. The spaces shall be regulated by the Abington planning and zoning regulations.
E.
Sufficient customer parking must be available on the
premises to meet the requirements of the Zoning Bylaws of the Town of
F. The premises and abutting property must be kept free of debris emanating from the licensed area.
G. Violation of any of the foregoing provisions shall be cause for suspension or revocation by the licensing authority of the license granted. (MGL c. 140, Section 59)
§164-6. New
license application criteria.
A. The specific site must be an appropriate location for such use.
B.
The use of property for the sale of motor vehicles will
not be substantially detrimental to the established or future character of the
neighborhood or of the Town of
C. The applicant must show that there will be no nuisance or serious hazard to vehicles or pedestrians.
D. The applicant must show that adequate and appropriate facilities will be provided for the proper operation of the motor vehicle dealership, as specified by state and Town regulations.
E. The applicant must show that the public convenience and welfare will be substantially served.
F. The applicant must show evidence at the time of the public hearing that he or she has notified in writing all abutters 10 days prior to the hearing of his or her application. Such notice shall be at the sole expense of the applicant.
ARTICLE I, Water
Use Restrictions
§167-1. Authority.
This bylaw is adopted by the Town under its police powers to protect public health and welfare and its powers under M.G.L. c. 40 §21 et seq. and implements the Town’s authority to regulate water use pursuant to M.G.L. c. 41 §69B. This bylaw also implements the Town’s authority under M.G.L. c. 40 §41A, conditioned upon a declaration of “Water Supply Emergency” issued by the Department of Environmental Protection.
§167-2. Purpose.
The purpose of this bylaw is to protect and preserve the public health, safety and welfare whenever there is in force a state of water supply conservation or a state of water supply emergency by providing for enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by the Town or by the Department of Environmental Protection. This bylaw is also intended to protect and preserve the public health, safety and welfare, by restricting and prohibiting unauthorized water use and/or unregistered water use by water users.
§167-3. Definitions.
“Persons” shall mean any individual, corporation, trust, partnership,
association, or other entity which uses or it serviced by the Town’s public
water supply.
“State of
“State of
“Unauthorized Water Use” shall mean all activations of water services,
fire hydrants (excluding Fire Department personnel during fire emergencies), or
other segments of the public water system by any person not authorized by the
Water Department.
“Unregistered Water Use” shall mean any water utilized or taken from the
public water system without a means of calculating actual consumption.
“Water Users” or “Water Consumers” shall mean any public or private users
of the Town’s public water system, irrespective of any person’s responsibility
for billing purposes for water used at any particular residence or facility.
§167-4. Declaration of a state
of water supply conservation.
The Town, through its Board of Water Commissioners, may declare a state of water supply conservation upon determination by a majority vote of the Board, at a public meeting, that a shortage of water exists and conservation measures are appropriate to ensure an adequate supply and adequate water pressure to all water customers. Upon notification to the public that a state of water supply conservation has been declared, no person shall violate any provisions, restrictions, or requirements intended to bring about an end to the state of water supply conservation.
§167-5.
Restricted water uses.
A declaration of a state of water supply conservation shall include one or more of the following restrictions, conditions or requirements limiting the use of water as necessary to protect the public water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under §167-7.
A. Step One: Odd/even day outdoor watering restrictions. All outdoor water uses by water users with odd numbered addresses is restricted to odd numbered calendar days. All outdoor water uses by water users with even numbered addresses is restricted to even numbered calendar days.
B. Step Two: Hand held hoses only. All outdoor water uses are restricted to hand held hoses only. The odd/even outdoor watering restrictions shall also be observed.
C. Step Three: Outdoor watering hours. All outdoor water uses are restricted to hand held hoses only between the hours of 7:00 a.m. and 8:00 a.m. or between the hours of 8:00 p.m. and 9:00 p.m. The odd/even day outdoor watering restrictions shall also be observed.
D. Step Four: Outdoor watering ban. All outdoor water use is prohibited for all uses.
§167-6. State of water supply
emergency; compliance with DEP orders.
Upon notification to the public that a declaration of a state of water supply emergency has been issued by the Department of environmental Protection, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by the Department intended to bring about an end to the state of emergency.
§167-7. Public notification.
Notification of any provisions, restrictions, requirements or conditions imposed by the Town as part of a state of water supply conservation, or by the Department of Environmental Protection as part of a state of water supply emergency, shall be given by the publication of at least one display advertisement in a newspaper of general circulation within the Town, by the posting of removable signs where any state highway crosses the Town line, and by such other means reasonably calculated to reach and inform all water users of the declaration of a state of water supply conservation and/or emergency. Any restrictions imposed shall not be effective until such notification is provided. Notification of the declaration of a state of water supply conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection in writing by the Board of Water Commissioners.
§167-8. Termination state of
water supply conservation and/or emergency.
A state of water supply conservation may be terminated by a majority vote of the Water Commissioners, at a public meeting, upon a determination that the water supply shortage no longer exists. A state of water supply emergency shall be terminated by the Department of Environmental Protection upon a determination that the emergency no longer exists. Public notification of the termination of a state of water supply conservation and/or emergency shall be given by the publication of at least one display advertisement in a newspaper of general circulation within the Town, by the removal of all erected water supply conservation and/or emergency signs, and by such other means reasonably calculated to reach and inform all water users of the termination of the state of water conservation and/or Emergency.
§167-9.
Unauthorized water usage.
No person, water user or water commissioner shall activate, or cause to be activated, any water main and/or appurtenances to the public water system without prior authorization of the Water Department.
§167-10.
Unregistered water usage.
No person, water user, or water consumer shall activate, or cause to be activated, water main and/or appurtenances to the public water system without first having a Water department-approved metering device installed to calculate the amount of water utilized. No person, water user, or water consumer shall remove and/or alter any metering device.
§167-11. Violations and penalties.
Any person found to have violated §167-5 and/or §167-6 of this bylaw will receive a written warning for the first offense and shall be liable to the Town in the amount of $100 for each subsequent offense within the same calendar year. Any person found to have violated §167-9 of this bylaw shall be liable to the Town in the amount of $300 for each offense. Any person found to have violated §167-10 of this bylaw shall be liable to the Town in the amount of up to $300 for each offense. Fines shall be levied and assessed by employees of the Water Department and/or authorized agents of the Board of Water Commissioners upon witnessing any violation, or after investigating and verifying that a violation in fact occurred. Violators shall be entitled to appeal the assessment of any fines with the Board of Water Commissioners, and said appeal shall be held at a public meeting of the Board. Fines shall be recovered by indictment, or on complaint before the District Court, or by non-criminal disposition in accordance with M.G.L. c. 40 §21D. Each day on which a violation of §167-5 and/or §165-6 occurred shall constitute a separate offense.
§167-12. Severability.
The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision hereof.
CHAPTER 171, Wetlands Protection
§171-1. Purpose.
The purpose of this bylaw is to protect the wetlands, water resources, and adjoining land areas in Abington by controlling activities deemed by the Conservation Commission likely to have a significant or cumulative effect upon resource area values, including but not limited to the following public or private water supply, groundwater, flood control, erosion and sedimentation control, storm damage prevention including water quality, water pollution controls, fisheries, wildlife habitat, rare species habitat including rare plant species, agriculture, aquaculture, and recreation values, deemed important to the community (collectively, the “resource area values protected by this bylaw”). This bylaw is intended to utilize the Home Rule authority of this municipality to protect additional resource areas, for additional values, with additional standards and procedures stricter than those of the Wetland Protection Act (M.G.L. c. 131 §40) and Regulations thereunder (310 CMR 10.00).
§171-2. Jurisdiction.
Except as permitted by the Conservation Commission or as provided in this bylaw, no person shall commence to remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the following resource areas: any freshwater wetlands, marshes, wet meadows, bogs, swamps, vernal pools, banks, reservoirs, lakes, ponds of any size, rivers, streams, creeks, beaches, dunes, estuaries, lands under water bodies, lands subject to flooding or inundation by groundwater or surface water, or flooding, and lands abutting any of the aforesaid resource areas as set out in §171-7 (collectively the “resource area protected by this by law”). Said resource areas shall be protected whether or not they border surface waters.
§171-3. Applications for
permits and requests for determination.
A. Written application shall be filed with the Commission to perform activities affecting resource areas protected by this bylaw. The notice of intent permit application shall include such information and plans as are deemed necessary by the Commission to describe proposed activities and their effects on the resource areas protected by this bylaw. No activity shall commence without receiving and complying with a permit issued to pursuant to this bylaw.
B. The commission will accept as the permit application and plans under this bylaw the notice of intent and plans filed under the Wetlands Protection Act (M.G.L. c. 131 §40) and Regulations (310 CMR 10.00).
C. Any person desiring to know whether or not a proposed activity or an area is subject to this bylaw may in writing request a determination from the Commission. Such a request for determination (RFD) shall include information and plans as are deemed necessary by the Commission.
D. At the time of the permit application or RFD, or application for certificate of compliance, the applicant shall pay a filing fee specified in Regulations of the Commission. The fee is in addition to that required by the Wetlands Protection Act (M.G.L. c. 131 §40) and Regulations (310 CMR 10.00).
E. Upon receipt of a permit application or RFD, or at any point during the hearing process, the Commission is authorized to require an applicant to pay a fee for the reasonable costs and expenses borne by the Commission to come to a final decision on the application. This fee is called the “consultant fee”. The specific consultant services may include, but are not limited to, performing or verifying the accuracy of resource area survey and delineation; analyzing resource area functions and values, including wildlife habitat evaluations, hydro geologic and draining analysis; and researching environmental or land use law.
F. The commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision. If a revolving fund for consultant expenses and fees is authorized by the Town Meeting, or by the general or special law, the applicant’s fee shall be put into such revolving fund, and the Commission may draw upon that fund for specific consultant services approved by the Commission at one of its public meetings. Any unused portion of the consultant fee shall be returned to the applicant unless the Commission decides at a public meeting that additional services will be required.
G. The exercise of discretion by the Commission in making its determination to require the payment of a consultant fee shall be based upon its reasonable finding that additional information acquirable only through outside consultants would be necessary for the making of an objective decision. Any applicant aggrieved by the imposition of, or size of, the consultant fee, or any act related thereto, may appeal according to the provisions of the Massachusetts General Laws.
H. The Commission may waive the filing fee, consultant fee, and costs and expenses for a permit application or RFD filed by a government agency.
I. The maximum consultant fee charged to reimburse the Commission for reasonable costs and expenses shall be according to industry standard fees.
J. The project cost means the estimated, entire cost of the project including, but not limited to, building construction, site preparation, landscaping, and all site improvements. The consultant fee shall be paid pro rata for that portion of the project cost applicable to those activities within resource areas protected by this bylaw. The project shall not be segmented to avoid being subject to the consultant fee. The applicant shall submit estimated project costs at the Commission’s request, but the lack of such estimated project costs shall not avoid the payment of the consultant fee.
§171-4. Notice and hearings.
A. Any person filing a notice of intent (“permit application”) with the Commission shall give written notification thereof, by delivery in hand or certified mail, return receipt requested, to all abutters within one-hundred feet of the property line of the land where the activity is proposed, at the mailing addresses shown on the most recent applicable tax list of the assessors, including, but not limited to, owners of land directly opposite said proposed activity on any public or private street or way, and in another municipality or across a body of water. Said notification shall be at the applicant's expense, and shall state where copies of the notice of intent may be examined and obtained and the date, time and place of the public hearing. Notices to abutters shall be postmarked or hand delivered no less then ten days prior to the public hearing. Proof of such notification, with a copy of the notice mailed or delivered, shall be filed with the conservation commission
B. The Commission shall conduct a public hearing on any permit application or RFD, with written notice given at the expense of the applicant, five business days prior to the hearing, in a newspaper of general circulation in the municipality.
C. The Commission shall commence the public hearing within 21 days from receipt of a completed permit application or RFD unless an extension is authorized in writing by the applicant.
D. The Commission shall issue its permit or determination in writing within 21 days of the close of the public hearing thereon unless an extension is authorized by the applicant.
E. The Commission in an appropriate case may combine its hearing under this bylaw with the hearing conducted under the Wetlands Protection Act (M.G.L. c. 131 §40) and Regulations (310 CMR 10.00).
F. The Commission shall have the authority to continue the hearing to a certain date announced at the hearing, for reasons stated at the hearing, which may include receipt of additional information from the applicant or others deemed necessary by the Commission in its discretion.
§171-5. Permits and conditions.
A. If the Commission, after a public hearing, determines that the activities which are subject to the permit application or the land and water uses which will result therefrom are likely to have a significant individual or cumulative effect upon the resource area values protected by this bylaw, the Commission, within 21 days of the close of the hearing shall issue or deny a permit for the activities requested. If it issues a permit, the Commission shall impose conditions which the Commission deems necessary or desirable to protect those values, and all activities shall be done in accordance with those conditions. The Commission shall take into account the cumulative adverse effects of loss, degradation, isolation, and replication of protected resource areas throughout the community and the watershed, resulting from past activities, permitted and exempt, and unforeseeable future activities.
B. The Commission is empowered to deny a permit for failure to meet the requirements of this bylaw; for failure to submit necessary information and plans requested by the Commission; for failure to meet the design specifications, performance standards, and other requirements in regulations of the Commission; for failure to avoid or prevent unacceptable significant or cumulative effects upon the resource area values protected by this bylaw; and where no conditions are adequate to protect those values. Due consideration shall be given to any demonstrated hardship on the applicant by reason of denial, as presented at the public hearing.
C. Land within 20 feet of rivers, ponds, and lakes and lands within 100 feet of other resource areas are presumed important to the protection of these resources because activities undertaken in close proximity to resource areas have a high likelihood of adverse impact upon wetland or other resource, either immediately, as a consequence of construction, or over time, as a consequence of daily operation or existence of the activities. These adverse impacts from construction and use can include, without limitations, erosion, siltation, loss of groundwater recharge, poor water quality, and loss of wildlife habitat. The Commission therefore may require that the applicant maintain a strip of continuous, undisturbed vegetative cover within two-hundred-foot or one-hundred foot area, unless the applicant convinces the Commission that the area or part of it may be disturbed without harm to the values protected by the bylaw.
D. To prevent the wetlands loss, the Commission shall require applicants to avoid wetlands alteration wherever feasible; shall minimize wetland alteration; and, where alteration is unavoidable, shall require full mitigation. The Commission may authorize or require replication of wetlands, but only with adequate security, professional design, and monitoring to assure success.
E. A permit shall expire three years from the date of issuance. Notwithstanding the above, the Commission in its discretion may issue a permit expiring five years from the date of issuance for recurring or continuous maintenance work, provided that annual notification of time and location of work is given to the Commission. Any permit may be renewed for an additional period of up to three years, provided that a request for a renewal is received in writing by the Commission at least 30 days prior to expiration. Notwithstanding the above, a permit may contain requirements which shall be enforceable for a stated number of years, indefinitely, or until permanent protection is in place, and shall apply to all owners of the land.
F. For good cause the Commission may revoke or modify a permit or determination issued under this bylaw after notice to the holder of the permit or determination.
G. No work proposed in any permit application shall be undertaken until the permit issued by the Commission with respect to such work has been recorded in the Registry of Deeds or, if the land affected is registered land, in the registry section of the Land Court for the district wherein the land lies, and until the holder of the permit certifies in writing to the Commission that the permit has been recorded.
§171-6. Regulations.
A. After public notice and public hearing, the Commission shall promulgate rules and regulations relative to effectuate the purposes of this bylaw effective when voted and filed with the Town Clerk. Failure by the Commission to promulgate such rules and regulations or legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this bylaw.
B. At a minimum these regulations shall define key terms in this bylaw not inconsistent with the bylaw and procedures governing the amount and filing of fees.
§171-7. Definitions.
The following definitions shall apply in the interpretation and implementation of this bylaw.
A. The term “bank” shall include the land area which normally abuts ad confines a water body, the lower boundary being the mean annual low flow level, and the upper boundary being the first observable break in the slope or the mean annual flood level, whichever is higher.
B. The term “vernal pool” shall include a confined basin depression which, at least in most years, holds water for a minimum of two continuous months during the spring and/or summer, and which is free of adult fish populations, as well as the area within 100 feet of the mean annual boundary of such depression, regardless of whether the site has been certified by the Massachusetts Division of Fisheries and Wildlife.
C. The term “rare species” shall include, without limitation, all vertebrate and invertebrate animal and plant species listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife, regardless of whether the site in which they occur has been previously identified by the Division.
D. The term “person” shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the commonwealth or political subdivision thereof to the extent subject to Town bylaws, administrative agency, public or quasi-public corporation or body, this municipality, and any other legal entity, its legal representative, agents, or assigns.
E. The term “alter” shall include, without limitation, the following activities when undertaken to, upon, within or affecting resource areas protected by this bylaw:
1. Removal, excavation, or dredging of soil, sand, gravel or aggregate materials of any kind.
2. Changing of preexisting drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns, or flood retention characteristics.
3. Drainage, or other disturbance of water level or water table.
4. Dumping, discharging, or filling with any material which may degrade water quality.
5. Placing of fill, or removal of materials, which would alter elevation.
6. Driving of piles, erection, or repair of building, or structures of any kind.
7. Placing of obstructions or objects in water.
8. Destruction of plant life including cutting trees.
9. Changing temperature, biochemical oxygen demand, or other physical, biological, or chemical characteristics of any water.
10. Any activities, changes, or work which may cause or tend to contribute to pollution of any body of water or groundwater.
11. Incremental activities which have, or may have, a cumulative adverse impact on the resource areas protected by this bylaw.
F. F. Except as otherwise provided in this bylaw or in regulations of the Commission, the definitions of terms in this bylaw shall be set forth in the Wetlands Protection Act (M.G.L. c. 131 §40) and Regulations (310 CMR 10.00).
§171-8. Security.
As part of a permit issued under this bylaw, in addition to any security required by any other municipal or state board, agency, or official, the Commission may require that the performance and observation of the conditions imposed there under (including conditions required mitigation work) be secured wholly or in part by one or more of the methods described below:
A. By proper bond or deposit of money or negotiable securities or other undertaking of financial responsibility sufficient in the opinion of the Commission, to be released in whole or in part upon issuance of a certificate of compliance for work performed pursuant to the permit.
B. By accepting a conservation restriction, easement, or other covenant enforceable in a court of law, executed and duly recorded by the owner of record, running with the land to the benefit of this municipality whereby the permit conditions shall be performed and observed before any lot may be conveyed other than by mortgage deed. This method shall be used only with the consent of the applicant.
§171-9. Enforcement.
A. No person shall remove, fill, dredge, build upon, degrade, or otherwise alter resource areas protected by this bylaw, or cause, suffer or allow such activity, or leave in place unauthorized fill, or otherwise fail to restore illegally altered land to its original condition, or fail to comply with a permit or an enforcement order issued pursuant to this bylaw.
B. The Commission, its agents, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this bylaw and may make or cause to make such examinations, surveys, or sampling as the Commission deems necessary, subject to the constitution and laws of the United States and the Commonwealth.
C. Upon request of the Commission, the Selectmen and the Town Counsel shall take legal action for enforcement under civil law. Upon request of the Commission, the Chief of Police shall take legal action for enforcement under criminal law.
D. Municipal boards and officers, including any police officer or other officer having police powers, shall have authority to assist the Commission in enforcement.
E. Any person who violates any provision of this bylaw, or regulations, permits, or administrative orders issued thereunder, shall be punished by a fine if not more that $300 each day or portion thereof during which a violation continues, or unauthorized fill or other alteration remains in place, shall constitute a separate offense, and each provision of the bylaw, regulations, permits, or administrative orders violated shall constitute a separate offense.
§171-10. Burden of proof.
The applicant for a permit shall have the burden of providing by a preponderance of the credible evidence that the work proposed in the permit application will not have unacceptable significant or cumulative effect upon the resource area values protected by this bylaw. Failure to provide adequate evidence to the Commission supporting this burden shall be sufficient cause for the Commission to deny a permit or grant a permit with conditions.
§171-11. Appeals.
A decision of the Commission shall be reviewable by the Superior Court in accordance with M.G.L. c. 249 §4.
§171-12. Relation to Wetlands
Protection Act.
This bylaw is adopted under the Home Rule Amendment of the Massachusetts Constitution and the Home Rule statues, independent of the Wetlands Protection Act (M.G.L. c. 131 §49) and Regulations (310 CMR 10.0) thereunder.
§171-13. Severability.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any permit or determination which previously has been issued.
ENDNOTES / HISTORICAL
REFERENCES
CHAPTER 1, GENERAL
PROVISIONS
[HISTORY: Adopted by the Town Meeting of Abington as indicated in article histories. Amendments noted where applicable.]
ARTICLE I, General
Penalty [Derived from Ch. 9, Sec. 1, of
the 1992 Town of
§1-1. Maximum fine. [Amended
by Art. xx of 2006 ATM] (maximum fine increased from
$50 to $300 per MGL Ch.
40 §21; each day is a
separate offense)
§1-2. Recovery of fine by
indictment or otherwise. [Amended by Art. xx of 2006 ATM] (to allow non-criminal disposition of fines per MGL Ch. 40 §21D; also minor grammatical
updates)
§1-3. Reference to statute. [Adopted
by Art. xx of 2006 ATM]
§1-4. Town website. [Adopted
by Art. xx of 2006 ATM]
CHAPTER 7,
ALCOHOLIC BEVERAGES
[HISTORY: Adopted by the Town Meeting of the Town of
ARTICLE I, Consumption in
Public [Derived from
§7-1. Drinking on public or private property
restricted. [Amended by Art. xx of 2006 ATM] (updated and
clarified wording; Selectmen may issue permits for use of public property)
§7-3. Violations and penalties. [Amended by Art. xx of 2006 ATM] (updated and clarified wording; fine increased from $50 to $100]
CHAPTER 11, ANIMALS
[HISTORY: Adopted by the
Town Meeting of the Town of
ARTICLE I, Pasturing of
Certain Animals [Derived from
ARTICLE II, Dogs [Derived
from
§11-2. Running at large prohibited; exception for
hunting purposes. [Amended by Art. xx of 2006 ATM] (updated and
clarified wording)
§11-3. Impoundment;
maintenance and administrative charges. [Amended by Art. 36 of 1996 ATM]; [Amended by Art. xx of 2006 ATM](schedule of fines and fees removed from bylaws)
§11-4. Registration required; dogs disturbing the
peace; license period [Amended by Art. 27
of 1999 ATM]; [Amended by Art. xx of 2006 ATM](dog
license period amended to run from July 1 to June 30)
§11-5. Confinement of dogs during heat. [Amended by Art. xx of 2006 ATM] (inserted the word “that”)<