The following bylaws shall constitute the code of bylaws by
which the Town of Avon shall be governed, elect officers and regulate
the conduct of the inhabitants, and shall be in lieu of all other
bylaws previously adopted and/or amended, with the exception of the
Zoning Bylaw adopted May 17, 1977, and as amended, which shall remain
in full force and effect.
For the purpose of this bylaw, certain terms and words shall
have the following meanings:
A. Words
or phrases specifying or naming any officer, board, committee, or
commission of the Town of Avon shall be construed as including the
lawful successor of the person or persons having the powers and performing
the duties of such officers, boards, committees, or commissions.
B. Except
where the context forbids such construction, words in these bylaws
importing the singular use will include the plural, and words importing
the plural will include the singular, and words importing one gender
shall include all genders and boards.
C. The
word "owner" as applied to a building or land shall include any part
owner, joint owner, tenant in common or joint tenant of the whole
or part of such building or land.
D. The
word "occupant" as applied to a building or land shall include any
person who occupies the whole or part of such building or land, either
alone or with others.
E. The
word "person" shall include firms and corporations.
F. The
word "officer" shall include officers and boards in charge of departments,
and the members of such boards.
G. Words
purporting to give a joint authority to three or more officers or
other persons shall be construed as giving such authority to a majority
of such officers or persons.
[Amended 1-28-2023 STM by Art. 9]
Any or all of these bylaws may be amended or repealed, or other
bylaws may be adopted, at any Annual or Special Town Meeting by a
majority vote of those voters in attendance. The Select Board may
insert in the warrant of any Annual or Special Town Meeting an article
to amend or repeal any or all of these bylaws or to adopt other bylaws
or registered voters of the Town of Avon may petition the Town to
amend or repeal any of these bylaws or to adopt other bylaws according
to the provisions of MGL c. 39, § 10.
These bylaws shall not interfere with or annul any rule, regulation
or permit of any Town officer, board, committee or commission, provided
that, unless specifically excepted, where this bylaw is more stringent
it shall control.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof.
Any person who shall violate any of the provisions of these
bylaws may be penalized in accordance with MGL c. 40, § 21D,
Noncriminal Disposition, or by indictment or on complaint brought
in the District Court. Except as may otherwise be provided by law
and as the District Court may see fit to impose as a penalty, the
maximum penalty to be imposed shall be as provided in MGL c. 40, § 21.
Any person who shall violate any of the provisions of these
bylaws, the violation of which is subject to a specific penalty, may
be penalized in the manner of noncriminal disposition which is provided
in MGL c. 40, § 21D. The noncriminal method of disposition
may, in addition, be used to enforce the provisions of any rule or
regulation adopted by any officer or multiple-member body of the Town
for which a specific penalty is provided. For the purposes of this
section, the term "enforcing person" shall mean any police officer
of the Town of Avon, and any other person specifically authorized
under the terms of a particular bylaw, rule or regulation.