CODE OF BY-LAWS
FOR THE
TOWN OF SOUTHBRIDGE
Adopted: February 26, 2007
Effective: March 13, 2007
Amended April 7, 2014
Last Amended: September 4, 2014
Madaline I. Bonadies
Town Clerk
CODE OF BY-LAWS
TOWN OF SOUTHBRIDGE
TABLE OF CONTENTS
CHAPTER 1 - GENERAL PROVISIONS
Section 1-101 By-laws—Definition, Enacting Style
1-102 How Code Designated and Cited
1-103 Rules of Construction and Definitions
1-104 When These Rules of Construction Shall Not Apply
1-105 References to Titles, Chapters, or Sections
1-106 Conflicting Provisions
1-107 Publication of General By-laws
1-108 When By-laws to Take Effect
1-109 Code Not to Affect Prior Offenses, Rights, etc.
1-110 Effect of Repeal of By-laws
1-111 Violations and Penalty - Municipal Infractions – Noncriminal Disposition
1-112 Violations and Penalty – Misdemeanors
1-113 By-laws, Recording of
1-114 Supplementation of the Code
1-115 Code Book to be Kept Up-to-date
1-116 Copies of By-laws
1-117 Future By-laws
1-118 Severability
CHAPTER 2 - TOWN ELECTIONS AND ELECTED TOWN OFFICERS
Section 2-100 Elections
2-101 Officers to be Elected
2-102 Eligibility for Elected Office
2-103 Date of Town Election
2-104 Hours Polls are to be Open
2-105 Terms of Office
2-106 Annual Reports
2-200 Town Council
2-201 Powers, In General
2-202 Meetings of the Town Council
2-300 Town Clerk
2-301 Powers, In General
2-400 School Committee
2-401 Powers, In General
2-500 Board of Assessors 2-501 Powers, In General
2-600 Regional Vocational School Committee 2-601 Southern Worcester County Regional Vocational School Committee
2-700 Southbridge Housing Authority 2-701 Powers, In General
2-800 Southbridge Redevelopment Authority 2-801 Powers, In General
CHAPTER 3 - APPOINTED OFFICES
Section 3-100 Standard Provisions
3-101 Officers, Other Officials and Multiple Member Bodies
3-102 Term of Office
3-103 Council Review and Confirmation of Certain Appointments
3-104 Multiple Member Body Internal Organization
3-105 Time and Place of Meetings
3-106 Meetings with Town Manager
3-107 Filing of Minutes
3-108 References to Statutes
3-109 Reorganization Plans Submitted by the Town Manager
3-200 Multiple Member Bodies
3-201 Aging, Council on
3-202 Airport Commission
3-203 Appeals, Board of Zoning
3-204 Building & Other Facilities Planning & Construction Committee
3-205 Cable TV Advisory Committee
3-206 Conservation Commission
3-207 Cultural Council
3-208 Disabilities, Commission on
3-209 Health, Board of
3-210 Historical Commission
3-211 Library Trustees, Board of
3-212 Liquor Licensing Board
3-213 Local Historic District Study Committee
3-214 Planning Board
3-215 Recreation Committee
3-216 Registrars of Voters, Board of
3-217 Retirement Board, Contributory
3-218 Scholarship and Education Committee
3-219 Southbridge Trails Committee
3-220 Special Permit Granting Authority
3-221 Trustees of Soldiers, Sailors, Marines and Airmen Memorials
3-222 Agricultural Commission
3-223 Economic Development Commission
3-300 Town Office or Position 3-301 Accountant, Town
3-302 Animal Control Officer
3-303 Animal Inspector
3-304 Assessor, Principal
3-305 Attorney, Town
3-306 Building Inspector, Director of Inspectional Services
3-307 Civil Defense Director/Emergency Management Director
3-308 Collector, Town
3-309 Constables
3-310 Economic Development and Planning, Director of
3-311 Elder Services, Director of
3-312 Finance, Director of
3-313 Fire Chief
3-314 Municipal Hearings Officer
3-315 Parking Clerk
3-316 Plumbing and Gas, Inspector of
3-317 Police Chief
3-318 Procurement Officer, Chief
3-319 Public Works, Director of
3-320 Sealer of Weights and Measures
3-321 Treasurer, Town
3-322 Veteran’s Services Director
3-323 Wire Inspector
CHAPTER 4 - ADMINISTRATIVE REGULATIONS
Section 4-101 Records and Reports of Administrative Activities
4-102 Records and Reports on Financial Matters
4-103 Publication and Distribution of Annual Town Report
4-201 Duties and Authority of the Town Manager
4-301 Ethical Standards of the Town of Southbridge
4-401 Town Vehicles to be Designated as Such
4-501 Town Seal
CHAPTER 5 - FINANCIAL REGULATIONS
Section 5-101 Annual Audit
5-102 Denial or Revocation of Licenses, Permits, etc., of Delinquent Taxpayers
5-103 Due Dates for Payments to Town, Interest on Unpaid Balances
5-104 Fees and Charges by Municipal Agencies
5-105 Purchasing and Other Procurements
5-106 Trust Funds
5-107 Employee Off-Duty Work Details
5-108 Disposal of Surplus Property
5-109 Municipal Charges Lien
CHAPTER 6 - LICENSES AND LICENSING REGULATIONS
Section 6-100 Solicitors, Junk Dealers and Pawnbrokers
6-101 Licensing of Solicitors, Canvassers and Peddlers
6-102 Licensing of Dealers in Junk, Old Metals & 2nd Hand Goods
6-103 Special Fencing Regulation Affecting Certain Dealers in
Salvage or Scrap Metals
6-104 Licensing of Pawnbrokers
6-200 Keeping of Pets
6-20l Licensing of Dogs
6-202 Rabies Control
6-203 Removal of Dog Litter
6-300 Automatic Amusement Devices
6-301 Licensing of Automatic Amusement Devices
6-400 Operation of Bicycles
6-401 Inspection and Registration of Bicycles
CHAPTER 7 - PRESERVATION OF THE PUBLIC PEACE AND ORDER
Section 7-100 Issuance of Licenses or Permits
7-101 Permits, In General
7-102 Regulation of Overhanging Objects/Devices
7-103 Obstructions in Public Way
7-104 Regulation of Leaves, Garden Trimmings, etc., in Public Way
7-105 Painting, Printing, etc., Figures or Pictures on Sidewalk or Street
7-106 Distribution of Certain Materials in Public Ways
7-107 Restrictions on Playing Musical Instruments, Public
Gatherings in Public Ways
7-108 Regulation of Digging in Public Ways
7-109 Regulation of Use of Public Areas for Assembly, Parades, etc.
7-110 Regulation of Use of Sound Trucks, etc.
7-111 Restrictions on Use of Vehicles in/on Certain Town Owned Land
7-112 Repair or Removal of Buildings Abutting Public Way
7-113 Hoisting Materials over Public Ways
7-200 Operation of Motor Vehicles
7-201 No Parking During Street Sweeping Operations
7-202 Inoperable Motor Vehicles in Public Ways
7-203 Parking of Vehicles in Excess of Certain Width/Height on Public Ways
7-204 Moving Buildings
7-205 Motor Scooters
7-206 Traffic Rules and Regulations
7-300 Regulations Affecting Pedestrians and Persons ‘on foot’
7-301 Use of Pubic Ways by Pedestrians
7-302 Prohibition of Possession of Intoxicating Liquors and Medical Marijuana in Public Places
7-303 Regulation of Coasting in Public Ways
7-304 Prohibition of Use of Certain Articles/Devices on Sidewalks
7-305 Prohibition of Play, Games, Sport, Other Activities in Public Ways
7-400 Regulations Affecting Owners/Occupants of Property
7-401 Care of Public Property, Buildings and Water Bodies
7-402 Regulation of Swinging Objects/Devices
7-403 Notice of Intent to Do Work in Public Ways to be Given
7-404 Town Boundary Markers to be Respected
7-405 Street Lights, Warning Lights to be Respected
7-406 Owners/Agents of Property Abutting Sidewalks Required to
Remove Snow
7-407 No Snow, Ice or Water to be Discharged into Public Way
7-500 Miscellaneous
7-501 Youth Protection Curfew
7-502 Disorderly Actions
7-503 Noise Control
7-504 Alarm Systems
7-505 Fire Regulations
7-506 Prohibition of “Camping”
7-507 Sex Offender Residency
7-508 Graffiti
CHAPTER 8 - PUBLIC WORKS
Section 8-100 Streets and Sidewalks
8-101 Standards for Street Layout or Acceptance as Public Ways
8-102 Standards for Repairs to Private Ways
8-103 Procedures for Curb Cut Permits
8-104 Buildings to be Assigned Street Numbers
8-200 Drainage and Erosion Control
8-201 Drainage and Erosion Control
8-300 Sanitary Sewers
8-301 Sewer Regulations
8-400 Water Supply and Distribution
8-401 Water Regulations
CHAPTER 9 – RESTRICTIONS ON USE OF PRIVATE PROPERTY
Section 9-100 Building Regulations
9-101 Building Inspections
9-102 Plumbing and Gas Fitting Inspections
9-103 Wiring and Electrical Standards
9-200 Other Restrictions on Use of Property 9-201 Regulation of Earth Removal
9-202 Regulation of Signs
CHAPTER 10 – PUBLIC HEALTH
Section 10-100 Garbage, Rubbish and Refuse
10-101 Storage of Garbage, Rubbish and Refuse
10-102 Collection of Garbage, Rubbish and Refuse
10-103 Maintenance of Areas Free From Garbage, Rubbish and Refuse
10-104 Enforcement
10-200 Mandatory Recycling
10-201 Recyclable Materials
APPENDIX – LIST OF AMENDMENTS, ADDITIONS, DELETIONS
CODE OF BY-LAWS
TOWN OF SOUTHBRIDGE
Effective: May 20, 2013
Page 100
CHAPTER 1
GENERAL PROVISIONS
Section 1-101 By-laws – Definition, Enacting Style
1-102 How Code Designated and Cited
1-103 Rules of Construction and Definitions
1-104 When These Rules of Construction Shall Not Apply
1-105 References to Titles, Chapters, or Sections
1-106 Conflicting Provisions
1-107 Publication of General By-laws
1-108 When By-laws to Take Effect
1-109 Code Not to Affect Prior Offenses, Rights, etc.
1-110 Effect of Repeal of By-laws
1-111 Violations and Penalty - Municipal Infractions - Noncriminal Disposition
1-112 Violations and Penalty - Misdemeanors
1-113 By-laws, Recording of
1-114 Orders and Resolves
1-115 Code Book to be Kept Up-to-date
1-116 Copies of By-laws
1-117 Future By-laws
1-118 Severability
Section 1-101 By-laws - Definition, Enacting Style
The Town Council may, by the adoption of by-laws, exercise any power or function which the state legislature has power to confer on it and which is not inconsistent with the state constitution or laws enacted by the state legislature or denied to the town by its home rule charter.
By-laws adopted by the Southbridge Town Council shall be effective in accordance with Section 12-4 of the Town Charter or on such later date as may be fixed by the Town Council. In accordance with the Town Charter, such by-laws shall not require the approval of the Attorney General of the Commonwealth.
The enactment form shall be substantially as follows:
“The Town Council of the Town of Southbridge in the exercise of powers conferred on it by Section 8 of Article LXXXIX of the amendments to the state constitution and by its own home rule charter does hereby adopt and enact the following:
Amend the code of by-laws of the Town of Southbridge by inserting…, or
Amend Section … of the code of by-laws of the Town of Southbridge by…”
Section 1-102 How Code Designated and Cited
The By-laws set forth in this and the following chapters and sections shall constitute and be designated as the "Code of By-laws, Town of Southbridge, Commonwealth of Massachusetts," and may be so cited.
Section 1-103 Rules of Construction and Definitions
In the construction of this code, and of all By-laws, the following rules shall be observed and the following definitions shall apply unless such construction would be inconsistent with the manifest intent of the governing body.
Generally. The provisions of this code shall be liberally construed to affect the purposes expressed therein or implied from the expression thereof. Words and phrases shall be construed and understood according to their common and usual meaning unless the contrary is clearly indicated. Technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
Agency. The word “agency” when used in conjunction with the word “office” (as in “office or agency”) shall mean any multiple member body, or department, or any other division of the town administrative service, however designated or described.
Charter. The terms "charter" or "town charter" shall mean the “home rule” charter of the Town of Southbridge, ratified by the voters at the annual town election held in 2003, as most recently amended.
Chief Administrative Officer. The words "chief administrative officer" shall mean the Town Manager of the Town of Southbridge.
Code. The word "code" shall mean the Code of By-laws, Town of Southbridge as designated in Section 1-102.
Computation of Time. The time within which an act is to be done as provided in any By-law or in any order issued pursuant to any By-law, when expressed in days, shall be computed by excluding the first day and including the last, if seven days or fewer, only business days (not including Saturdays, Sundays, or legal holidays) shall be counted; if more than seven days, every day shall be counted, provided, however, if the last day of the period so computed would fall on a Saturday, Sunday or a legal holiday the period shall end at five o'clock PM on the first business day following such Saturday, Sunday or legal holiday, except as may otherwise be required by law
Council. The words "Council" or "Town Council" shall mean the Town Council of the Town of Southbridge.
County. The words "county" or "this county" shall mean the County of Worcester, or such other counties in which the town may lie.
Gender. Words importing one gender shall include and apply to the other gender as well.
Governing body. The words "governing body" shall mean the Town Council of the town of Southbridge.
Heretofore, hereafter. Whenever the word "heretofore" occurs in any By-law it shall be construed to mean any time previous to the day when such By-law shall take effect; and whenever the word "hereafter" occurs it shall be construed to mean the time after the By-law containing such word shall take effect.
Joint authority. All words purporting to give joint authority to three (3) or more town officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the law giving the authority.
Month. The word "month" shall mean a period of thirty days, or, if the context so requires, a calendar month.
Number. Words used in the singular include the plural and the plural include the singular number.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Owner. The word "owner," applied to any property, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such property.
Person. The word "person" shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to natural persons.
Personal property. The words "personal property" shall include all tangible and intangible property other than real property.
Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively.
Property. The word "property" shall include real and personal property.
Public way. The term "public way" shall mean those ways appearing on the official list of public ways prepared by the Director of the Department of Public Works.
Real property. The words "real property" shall include lands, tenements, and hereditaments.
Reasonable time. In all cases where any By-law shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.