Town of Andover, MA
Essex County
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Wells violation — See Art. XII, § 8.
Alcoholic beverage violation — See Art. XII, § 20.5.
Fire and burglar alarm violation — See Art. XII, § 24.5.
Demolition of historically significant buildings and structures violation — See Art. XII, § 33.
Zoning — See Art. VIII.
The purpose of these by-laws is to establish rules conducive to the welfare of the Town of Andover (Town) and the convenience of its inhabitants; to the orderly direction and management of its affairs; and to preserving peace and good order within its limits.[1]
Editor's Note: Pursuant to Art. 46, adopted 4-30-2019 ATM, the General Bylaws were amended to delete the words "Board of Selectmen" wherever they appear and insert the words "Select Board" in place thereof.
Construction. These by-laws shall be construed so as to give them effect consistent with the ordinary and reasonable meaning of their provisions and with the provisions of any general law or special statute then in effect adopted by the Commonwealth of Massachusetts. No provision of these by-laws shall be construed to limit the powers and duties of officials, boards and committees imposed upon them by applicable provisions of the General Laws of Massachusetts or of any special statute of Massachusetts, including the Town Charter enacted as Chapter 571 of the Acts of 1956.
Whenever reference is herein made to these by-laws, it shall include these by-laws as they may from time to time be amended.
Validity. The invalidity of any article, section or provision of these by-laws shall not invalidate any other article, section or provision.
Effective date. These by-laws shall take effect on their approval and publication as required by law, and all other by-laws heretofore adopted, except those named below, which are made a part hereof without reenactment, are hereby repealed on such effective date:
The Zoning By-Law adopted at the June 15, 1964, Special Town Meeting (being Article VIII of the prior By-Laws and Article VIII of these By-Laws).
The Fire Prevention Code By-Law adopted at the March 1971 Annual Town Meeting (being Article X of these By-Laws).
The repeal of a by-law heretofore adopted shall not affect any act done or any right accrued or established, nor any action, suit or proceeding commenced or had in a civil case, nor affect any punishment, penalty or forfeiture incurred under such by-law.
Amendment. These by-laws may be amended or repealed, in whole or in part, at any Annual or Special Town Meeting, provided that the proposed action has been made a part of the Town warrant for the meeting. Such amendment or repeal shall become effective on the date provided by law, unless a later date is expressly provided for in the vote of amendment or repeal.
[Amended 5-1-2018 ATM, Art. 52]
Unless otherwise expressly provided by these by-laws or by the General Laws or by special statute of the Commonwealth of Massachusetts, the Town Manager shall have general responsibility for the enforcement of these by-laws, and he may, with the approval of the Select Board, take such action in regard thereto, including the use of all remedies and penalties permitted by law or these by-laws, as he believes in the best interests of the Town.
Except as otherwise provided herein or by rules or regulations of the Town, for any violation of the bylaws, rules, or regulations of the Town, a fine of $300 shall be assessed for each offense.
As an alternative to enforcement through criminal proceedings, to recover a fine as provided above, the following noncriminal disposition may be made of any violation of any ordinance, by-law, rule or regulation of any municipal officer, board or department, the violation of which is subject to the specific penalty stated above or any other specific penalty provided by law.
Any person noting a violation of any such ordinance, by-law, rule or regulation which he is empowered to enforce may serve the offender with a written notice to appear before the Clerk of Lawrence District Court not later than 21 days after the date of the notice. Any person notified to appear before the Clerk of the Lawrence District Court may appear and confess the offense charged, either personally or through an agent or by mailing with the notice such specific sum of money in the amount of $300 for each offense or such other amount as the Town may fix herein or by rule or regulation as a penalty for violation of such by-law, rule or regulations. The payment to the Clerk of such sum shall operate as a final disposition of the case.
If any person so notified to appear desires to contest the alleged violation, he may, within 21 days after the date of the notice, request a hearing in writing.
[Added 4-13-1993 ATM, Art. 59]
The Town Clerk is authorized, at his or her discretion, to assign an article and section number to by-laws adopted by the Town.