[HISTORY: Adopted by the Town Meeting of the Town of Dedham
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 1 of the 1996 By-laws; amended 11-18-2013 STM by Art. 16]
The following provisions shall constitute and be entitled "Revised
By-Laws of the Town of Dedham". These by-laws, if adopted at a Special
Town Meeting shall take effect at the dissolution of the next Annual
Town Meeting, and if adopted at an Annual Town Meeting shall take
effect at its dissolution, subject in either case to the requirements
of law.
The provisions of these by-laws so far as they are the same
as those in force at the adoption of this revision shall be construed
as a continuation thereof and not as new by-laws. Except as stated
in this section, all by-laws in force upon the effective date of this
revision, other than those entitled "The Personnel, Wage and Salary
Administration Plan", "Plumbing By-Laws", "Building Code", "Wiring
Code", and "Zoning By-Laws" not included in this revision are hereby
repealed. The foregoing plan, by-laws and codes not thus included
shall continue to be applicable in the form in effect immediately
prior to this revision until amended or repealed in accordance with
law. The repeal of a by-law hereby shall not affect any act done,
any liability incurred under such by-law prior to its repeal. Such
repeal shall not affect any action or prosecution pending at the time
of a penalty or a forfeiture incurred under such repealed by-law.
The repeal of a by-law shall not thereby have the effect of renewing
any by-law theretofore repealed.
Words and phrases specifying or naming any officer, board or
committee of the Town shall be construed as including the lawful successor,
or the person or persons having substantially the same powers and
performing substantially the same duties as such officer, board or
committee.
Whenever in a by-law anything is prohibited from being done
without the license or permission of a certain officer, board or committee,
such officer, board or committee shall have the right to license or
permit such thing to be done.
[Amended 11-17-2014 ATM
by Art. 18]
By-laws may be adopted, repealed or amended at any Town Meeting
in accordance with law. The Town Clerk shall hereby be authorized
to assign appropriate numbers to by-law sections, subsections, paragraphs
and subparagraphs, where none are approved by Town Meeting, and, if
such are approved by Town Meeting, after consultation with the Town
Manager, to make non-substantive, editorial revisions to ensure consistent
and appropriate sequencing and numbering, provided that such editorial
revisions shall be identified by a footnote or other convention.
A.
Enforcement
through Indictment or on Complaint to District Court. Any by-law of
the Town of Dedham may be enforced through any lawful means in law
or in equity including but not limited to enforcement by criminal
indictment or on complaint before the district court pursuant to G.L.
c.40, § 21. Each day that a violation exists shall constitute
a separate offense. A fine of up to $300 may be imposed for each violation.
B.
Enforcement
through Non-criminal Disposition.
Any by-law of the Town of Dedham, or rule or regulation of its
officers, boards or departments adopted at a public meeting for which
notice is provided in a newspaper of local circulation at least once
a week for the two weeks prior to the meeting and which is on file
with the Town Clerk, may in the discretion of the Town official who
is the appropriate enforcing person, be enforced through non-criminal
disposition as provided in G.L. c.40, § 21D. The specific
penalty for purposes of non-criminal disposition for each such violation,
if not otherwise specified, shall be as follows:
[Amended 11-17-2014 ATM
by Art. 18]
|
First violation – warning
| |
|
Second violation – $50
| |
|
Third violation – $100
| |
|
Fourth and subsequent violations – $300
|
|
Each day a violation exists shall constitute a separate violation
for purposes of this by-law.
|
|
The term “enforcing person” as used in this by-law
shall mean: any Town of Dedham police officer with respect to any
offense; as well as the Fire Chief, Town Manager, Director of Department
of Public Works, Building Inspector, Conservation Commission or its
agent, Board of Health or its agent, Sealer of Weights and Measures,
Code Enforcement Officer, Zoning Enforcement officer, and their designees,
and such other officials as the Board of Selectmen may from time to
time designate, each with respect to violation of by-laws, rules and
regulations within their respective jurisdictions. If more than one
official has jurisdiction in a given case, any such official may be
an enforcing person with respect thereto.
|
|
Any particular fine specified in a by-law shall be included
on a list maintained in the office of a Town Clerk.
|
C.
Local
Appeal Process. The fines set forth in the notice of violation issued
in accordance with this By-law shall be payable to the Town within
21 days of the date set forth on the notice or, if the person so notified
seeks to contest the violation, such person may request a hearing
before the District Court. The person so notified may also seek to
resolve the matter locally by appealing the issuance of the notice,
in writing, to the Town Manager no later than 14 days following the
date of the notice of violation. The Town Manager or the Manager’s
designee shall, no later than 20 days following the date of the notice
of violation, decide the appeal, or hold a hearing to determine such
additional facts as may be necessary. If the person so notified is
dissatisfied with the Town Manager’s determination and resolution,
they may contest the violation as set forth in the notice by seeking
a hearing before the District Court in accordance with G.L. c.40,
§ 21D. The Manager’s failure to make a determination
within the time set forth herein shall be construed for purposes of
this paragraph as a determination to void the notice of violation.
[Amended 11-17-2014 ATM
by Art. 18]
No person shall be prosecuted or tried for any breach of the
provisions of any of these by-laws unless the complaint for such breach
shall be made within six months from the time of committing such breach.
A.
Within
these by-laws, words importing the singular number may extend and
be applied to several persons or things, words importing the plural
number may include the singular, and words importing a gender shall
include the other gender.
B.
CHARTER
CODE ENFORCEMENT OFFICER
DAYS
EMERGENCY
GENERAL LAWS
LOCAL NEWSPAPER
MAJORITY VOTE
MULTIPLE MEMBER BODY
PERSON
QUORUM
TOWN
TOWN AGENCY
TOWN BULLETIN BOARD
TOWN OFFICER
VOTERS
Unless
another meaning is defined in the body of a section or is clearly
apparent from the manner in which the word is used, the following
words as used in these by-laws shall have the following meanings:
The Dedham Home Rule Charter of 1974 and any amendments to
it which have been or may hereafter be adopted.
A person designated to assist with the enforcement of all
rules, regulations and by-laws of the Town of Dedham.
Business days, not including Saturdays, Sundays and legal
holidays when the time set is less than seven days; when the time
set is seven days or more, every day shall be counted. When the last
day falls on a Saturday, Sunday or legal holiday the period shall
be extended to the end of the next day which is not a Saturday, Sunday
or legal holiday.
A sudden, unexpected, unforeseen happening, occurrence, event
or condition which necessitates immediate action.
Refer to the General Laws of Massachusetts, a codification
and revision of statutes enacted on December 22, 1920, and including
all amendments thereto subsequently adopted; citations to the General
Laws shall be in the following format, "G.L. c.__, § __."
A newspaper of general circulation in the Town of Dedham.
A majority of those present and voting, provided that a quorum
of the body is present when the vote is taken, unless a higher number
is required by law.
Any Town body consisting of two or more persons and whether
styled board, commission, committee, sub-committee, or otherwise and
however elected or appointed or otherwise constituted.
Any natural person, corporation, society, association, partnership
or other organization which acts as a body.
Unless otherwise required by law or this charter, shall mean
a majority of the members of a multiple member body then in office,
not including any vacancies which might then exist.
The Town of Dedham.
Any board, commission, committee, department, division or
office of the Town government.
The bulletin board in the Town hall and in the libraries
on which official Town notices are posted and those at other locations
within the Town which may from time to time be designated as Town
bulletin boards by by-law, or by vote of the Board of Selectmen.
When used without further qualification or description, shall
mean a person having charge of an office or department of the Town
who in the exercise of the powers or duties of that position exercises
some portion of the sovereign power of the Town.
Registered voters of the Town of Dedham.
