Town of North Reading, MA General Provisions

[HISTORY: Adopted by the Town Meeting of the Town of North Reading as indicated in article histories. Amendments noted where applicable.]

Article I Acceptance of Bylaws

[At the Town Meeting held on October 2, 2000, under Article 2, it was voted to accept the codification of the General By-Laws and Zoning By-Laws of the Town of North Reading as set forth as Part I and Part II of this Code. Article 2 was approved by the Attorney General on March 29, 2001.]

Article II Use and Construction

[Adopted 11-22-1954 STM by Arts. 3, 4, 6 and 54 as Ch. 1, Secs. 1, 2 and 4, and Ch. 8 of the 1954 General Bylaws, approved 2-25-1955]

§ 1-1 Repealer; exceptions; title; effect of bylaws.

The adoption of these by-laws by the Town shall have force and effect of repealing all presently existing by-laws and regulations heretofore adopted by the Town in derogation hereto, except Board of Health rules and regulations, Planning Board rules and regulations and traffic regulations adopted by the Select Board , and amendments thereof and additions thereto, provided that the repeal shall not apply to or affect any by-law, order, or article heretofore adopted accepting or adopting the provisions of any statute of the commonwealth.

[Amended 6-4-2018 ATM by Art. 28, approved 9-21-2018]

These by-laws shall be known and referred to as "By-laws of the Town of North Reading."

These by-laws and the repeal of all by-laws or regulations heretofore in force shall not affect any act done, any right accrued or liability incurred, or in suit, prosecution, or proceeding pending at the time when these by-laws take effect, nor shall the repeal of any by-law or regulation thereby have effect of reviving any by-law or regulation previously repealed or suspended.

§ 1-1.1 Editorial revisions.

[Added 10-5-2015 OTM by Art. 16, approved 1-14-2016]

The Town Clerk is authorized to assign appropriate numbers or letters to by-law sections, subsections, paragraphs and subparagraphs where none are approved by Town Meeting; and if such numbering or lettering is approved by Town Meeting, to make non-substantive editorial revisions to the same to ensure consistent and appropriate sequencing and numbering; and to make non-substantive editorial revisions to references regarding such numbering or lettering as contained within the by-laws to ensure accuracy and conformity.

All such editorial revisions shall be identified with a footnote which describes the revision and the reason therefor.

§ 1-2 Definitions.

[Amended 10-30-1972 ATM by Art. 13, approved 10-11-1973]

In the enforcement of any by-law or Town department regulation, the following words and expressions shall, unless inconsistent with the manifest intent, be severally construed as follows:

PUBLIC WAY — Public way shall include any highway, town way, road, bridge, street, avenue, boulevard, roadway, parkway, lane, sidewalk, or square.

PUBLIC BUILDING — Public building shall include all buildings belonging to or under the control of the Town.

PUBLIC PLACE — Public place shall include all commons, parks, playgrounds, and public lands belonging to or under the control of the Town.

OWNER OR OCCUPANT — Owner or occupant of a building or land shall include any sole owner or occupant and any joint tenant or tenant in common of the whole or any part of a building or lot of land.

JOINT AUTHORITY — The words purporting to give joint authority to three (3) or more officers or other persons shall give such authority to a majority of such officers or persons.

PERSONS — Persons shall include corporations, firms, organizations, associations and partnerships, or any other group acting as a unit, as well as a natural person.

SINGULAR AND PLURAL — Words importing the singular shall include the plural; words importing the plural shall include the singular.

GENDER — Words importing the masculine gender shall include the feminine and neuter genders.

APPOINTING AUTHORITY — Appointing authority, as used in these by-laws, shall mean those persons so designated by statute, charter, or by-law.

DWELLING — Dwelling shall mean any structure which is used for or designed for human habitation.

TOWN MEETING — Town Meeting shall mean any legal public meeting to act on any and all business of the Town set forth in a warrant.

TOWN — The words "The Town" shall mean the Town of North Reading in the County of Middlesex and Commonwealth of Massachusetts.

COMPUTATION OF TIME — The time in which an act is to be done shall be computed by excluding the first and including the last day, and if the last day be Sunday or a legal holiday, that shall be excluded.

MONTH — The word "month" shall mean a calendar month.

PRECEDING, FOLLOWING — The words "preceding" and "following" mean next before and next after, respectively.

SESSION — A session is the first gathering of the voters of the Town provided for by Section 2-4-1 of the Town Charter.

[Added 10-8-1981 ATM by Art. 16, approved 3-2-1982]

ADJOURNED SESSIONS — Any subsequent gatherings of voters are considered "adjourned sessions."

[Added 10-8-1981 ATM by Art. 16, approved 3-2-1982; amended 10-2-2000 ATM by Art. 3, approved 3-29-2001]

OTHER DEFINITIONS — If the definition does not appear in the General By-laws, the meaning given in Webster's Unabridged Dictionary, Third Edition shall be used.

[Added 10-8-1981 ATM by Art. 16, approved 3-2-1982]

§ 1-3 Severability.

[Added 10-30-1972 ATM by Art. 13, approved 10-11-1973]

It is hereby declared to be the intention of the Town that wherever possible the sections, paragraphs, sentences, clauses, and phrases of these by-laws shall be considered severable, and if any phrase, clause, sentence, paragraph, or section of these by-laws shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of these by-laws, since the same would have been enacted without the incorporation in these by-laws of any such unconstitutional phrase, clause, sentence, paragraph, or section.

§ 1-4 Catchlines of sections.

[Added 10-30-1972 ATM by Art. 13, approved 10-11-1973]

The catchlines of the several sections of these by-laws printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections nor as any part of that section nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

§ 1-5 Violations and penalties.

[Added 10-30-1972 ATM by Art. 13, approved 10-11-1973; amended 10-6-1980 ATM by Art. 6, approved 1-8-1981; 10-2-1989 ATM by Art. 9, approved 12-7-1989]

Criminal complaint. Whoever violates any provision of this general by-law may be penalized by indictment or on complaint brought in a district court of competent jurisdiction. Except as may be otherwise provided by law and as the district court may see fit to impose, the maximum penalty for each violation or offense brought in such manner shall be three hundred dollars ($300). Each day or portion of a day that any violation is allowed to continue shall constitute a separate offense.

Noncriminal disposition.

(1)

Whoever violates any provision of these by-laws, the violation of which is subject to a specific penalty, may be penalized by a noncriminal disposition as provided in General Laws, Chapter 40, Section 21D. The noncriminal method of disposition may also be used for violations of any rule or regulation of any municipal officer, board, or department which is subject to a specific penalty.

(2)

Noncriminal disposition of by-law or municipal rule and regulation violations. Any enforcing person or any official of the Town of North Reading taking cognizance of a violation of a specific by-law, rule, or regulation which he is empowered to enforce, as an alternative to initiating criminal proceedings, may proceed pursuant to the provisions of Massachusetts General Laws Chapter 40, Section 21D to prosecute the alleged violation civilly.

(3)

Without intending to limit the generality of the foregoing, it is the intention of this provision that the following by-laws and sections of by-laws are to be included within the scope of this subsection, that the specific penalties as listed here shall apply in such cases, and that, in addition to police officers, who shall, in all cases, be considered enforcing persons for the purpose of this provision, the municipal personnel listed for each section, if any, shall also be enforcing persons for such sections. Each day or portion of a day that any violation is allowed to continue shall constitute a separate offense.

General By-Laws [Amended 10-1-1990 ATM by Art. 15, approved 12-18-1990; 4-30-1992 ATM by Art. 21, approved 8-6-1992; 10-7-1993 ATM by Art. 3, approved 12-9-1993; 10-5-1998 ATM by Art. 12, approved 1-27-1999; 10-2-2000 ATM by Art 3, approved 3-29-2001]
Chapter 9, Aircraft, Unmanned [Added 6-5-2017 ATM by Art. 25, approved 11-21-2017]
Chief of Police or designee
	$300 each violation
Chapter 11, Alarm Systems
Article I, Fire or Medical Aid
Alarms Fire Chief
	1st offense: $50
	2nd offense: $100
	3rd and subsequent offenses: $200
Article II, Alarms to Police Department
	$50 per day – any violation
Chapter 14, Alcoholic Beverages
	$50 each offense
Chanter 23, Animals
Article I, Dogs
§ 23-3, Vaccination
	Animal Control Officer
	$50 each offense

§ 23-9, Penalty
	Animal Control Officer
	1st offense: $25
	2nd and subsequent offenses: $50
§ 23-10, Leash Law
	Animal Control Officer
	1st offense: warning
	2nd offense: $25
	Subsequent offenses: $50
§ 23-12, Removal and disposal of waste
	1st offense: written warning
	2nd offense: $25
	Subsequent offenses: $50
§ 23-13, Kennels [Added 6-4-2018 ATM by Art. 35]
	1st offense: warning
	2nd offense: $100
	3rd offense: $200
	Subsequent offense: suspension of operation of kennel until license has been obtained
Chapter 31, Buildings, Numbering of
Inspector of Buildings
	1st offense: warning
	2nd and subsequent offenses: $50
Chapter 62, Excavations
§ 62-1, Safety measures required
	Building Inspector
		1st offense: $50
		2nd offense: $100
		3rd and subsequent offenses: $200
§ 62-2, Digging on town-owned land
	$50 each offense
Chapter 68, Firearms
	1st offense: $25
	2nd and subsequent offenses: $50
Chapter 80, Hazardous Materials
Article II, Storage
Fire Chief, Health Agent
	1st offense: $50
	2nd and subsequent offenses: $100
Chapter 85, Historic District
Building Inspector
	$300 per day per violation
Chapter 107, Marihuana [Added 10-5-2009 OTM by Art. 16, approved 2-2-2010]
Article I, Public Consumption
	$300 each offense
Chapter 110, Martin's Pond
§ 110-1, Use of personal motorized watercraft
	1st offense: $50
	2nd offense: $100
	3rd and each subsequent offense: $200
Chapter 128, Peace and Good Order
§ 128-2, Defacing property; posting notices.
	$100 each offense
Chapter 131, Peddlers, Solicitors and Transient Merchants
Article I, Peddlers and Solicitors
	$10 each offense
Chapter 139, Recreational Vehicles [Added 10-7-2002 OTM by Art. 2, approved 12-30-2002]
Police Department
	1st offense: warning
	2nd offense: $50
	3rd and subsequent offenses: $100
Chapter 143, Secondhand Dealers and Pawnbrokers
	$200 per day – any violation
Chapter 147, Social Host Responsibility [Added 10-2-2017 OTM by Art. 15, approved 1-30-2018]
Chief of Police or designee
	1st violation: $100, plus $100 to recoup police expenses
	2nd violation within 12 months by same person or at same premises: $200, plus $100 to recoup police expenses
	3rd and subsequent violations within 12 months by same person or at same premises: $300
Chapter 149, Soil Removal
Building Inspector
	1st offense: $50
	2nd offense: $100
	3rd and subsequent offenses: $200
Chapter 152, Solid Waste
Article I, Junked Vehicles and Other Waste Material
Building Inspector
	1st offense: warning
	2nd offense: $50
	3rd offense: $100
	4th and subsequent offenses: $200
Article II, Littering and Dumping
	$300 each offense
Article III, Recycling
	$25 any violation
Chapter 156, Stormwater Management [Added 10-16-2006 OTM by Art. 3, approved 2-13-2007]
Article I, Non-Stormwater Discharges
Dept. of Public Works Director, Employees, Officers or Agents
	1st offense: written warning
	2nd offense: $50
	3rd offense: $100
	4th and subsequent offenses: $200
Article II, Construction and Post Construction Stormwater Management of New Developments and Redevelopments
Building Inspector
	1st offense: written warning
	2nd offense: $50
	3rd offense: $100
	4th and subsequent offenses: $200
Chapter 158, Streets and Sidewalks
§ 158-1, Covering of vehicles
	$50 each offense
§ 158-9, Snow removal on streets and sidewalks [Added 10-7-2002 OTM by Art. 3, approved 12-30-2002; amended 6-5-2017 ATM by Art. 26, approved 9-21-2017]
	Chief of Police, or designee, and Dept. of Public Works Director, or designee
		$300 each offense
§ 158-10, Utility poles [Added 4-4-2002 ATM by Art. 8, approved 6-11-2002]
	Building Inspector
	$300 each offense
Chapter 163, Swimming Pools
Building Inspector
	1st offense: $25
	2nd and subsequent offenses: $50
Chapter 185, Vehicles, Recreational [Added 10-6-2003 OTM by Art. 5, approved 11-12-2003]
Article II, Restrictions on Use
Police Department
	1st offense: warning
	2nd offense: $50
	3rd and subsequent offenses: $100
Chapter 191, Water
Article II, Water Supply Conservation
	1st offense: $50
	Each subsequent offense: $100
Chapter 196, Wetlands
Conservation Commission, Conservation Agent
	1st offense: $25
	2nd offense: $100
	3rd and subsequent offenses: $300

§ 1-6 Disposition of fines and penalties.

[Added 3-12-1973 STM by Art. 2, approved 10-11-1973]

All fines and penalties for the violation of any of the provisions of these by-laws shall, when received, inure to the use of the Town and be paid into the Town treasury unless it be otherwise directed by the laws of the Commonwealth.

§ 1-7 Prosecution of violations.

[Amended 6-4-2018 ATM by Art. 28, approved 9-21-2018]

Violations of these by-laws shall be prosecuted by the Chief of Police of the Town on his own initiative or on the order of the Select Board. Any person who shall violate any of the provisions of these by-laws shall be subject to a fine for each offense in such sum as may be authorized by law.