[HISTORY: Adopted by the Town Meeting of the Town of Milton
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 1 and Ch. 6, § 27, of the 3-10-1934 General Bylaws]
The bylaws of the Town adopted March 2, 1902 may be designated
as heretofore, as the "Revised Bylaws," but said revised bylaws as
heretofore or at this meeting may be designated as the General Bylaws.[1]
[1]
Editor's Note: The 2023 recodified General Bylaws were adopted 5-2-2023 ATM by Art. 12. The Town voted
to "renumber and recaption the General Bylaws of the Town by (a) assigning
a chapter number to each of the General Bylaws; (b) renumbering each
section of each bylaw accordingly; (c) inserting chapter, article
and section titles; and (d) updating internal references to reflect
the new numbering system." As part of the recodification: (1) The
word "Town" was capitalized consistently when referring to the Town
of Milton; and (2) Numbers were cited consistently throughout the
text. As part of the adoption the Town Clerk was also empowered to
"correct inconsistencies in internal references to the General Bylaws
that arise from the new numbering system."
So far as the provisions of these bylaws are the same in effect
as those of previously existing bylaws, they shall be construed as
a continuation of such bylaws but, subject to said limitations and
the provisions of the next section, all bylaws of the Town heretofore
in force are hereby repealed; provided that this repeal shall not
apply to or affect any bylaw, order, or article heretofore adopted,
accepting or adopting the provisions of any statute of the Commonwealth.
These bylaws and the repeal of all bylaws heretofore in force
shall not affect any act done, any right accrued, any penalty or liability
incurred, or any suit, prosecution, or proceeding, pending at the
time when they take effect; nor shall the repeal of any bylaw thereby
have the effect of reviving any bylaw theretofore repealed or suspended.
When in a bylaw anything is prohibited from being done without
the license or permission of a certain officer, officers or board,
such officer, officers, or board shall have the power to license or
permit such thing to be done.
In all these bylaws the following words and expressions shall,
unless inconsistent with the manifest intent, be severally construed
as follows: The word public way shall include any highway, Town way,
road, bridge, street, avenue, boulevard, roadway, parkway, lane, sidewalk
or square; the owner or occupant of a building or land shall include
any sole owner or occupant, and any joint tenant and tenant in common
of the whole or of any part of a building or lot of land; words purporting
to give a joint authority to three or more officers or other persons
shall give such authority to a majority of such officers or persons;
the word person may include corporation; words importing the singular
number may apply to the plural number, and words importing the masculine
gender may apply to the feminine gender.
A.
Whoever
violates any of the provisions of these bylaws whereby any act or
thing is enjoined or prohibited, shall, unless other provision is
expressly made, forfeit and pay a fine not exceeding $300 for each
offense.
B.
Board
of Health.
(1)
Whoever violates any provision of these bylaws regarding the Board
of Health may be penalized by a non-criminal disposition as provided
in Massachusetts General Laws, Chapter 40, Section 21D. The non-criminal
disposition may also be used for violations of any rule or regulation
of the Board of Health, which is subject to a specific penalty. Without
intending to limit the foregoing, it is the intention of this section
that any Board of Health regulation be included within the scope of
this subsection, that the specific penalties listed here shall apply
in such cases, and that in addition to the Board of Health members,
who shall in all cases be considered enforcing persons for the purpose
of this section, the Health Agent and his or her designee and any
such other official the Board of Health may designate from time to
time, shall also be enforcing persons.
(2)
Each violation of such a bylaw, rule or regulation shall be punished
by a fine of:
|
First Offense
|
$25
|
|
Second Offense
|
$50
|
|
Third and Subsequent Offense
|
$100
|
(3)
Each day on which any violation exist shall be deemed to be a separate
offense.
C.
Whoever
shall refuse or neglect to obey any lawful order of any Town officer,
issued under any of these bylaws, directed to him and properly served
upon him, shall, in cases not otherwise provided for, forfeit and
pay for every such offense a fine not exceeding $20.
D.
Prosecutions
for the breach of any of the provisions of these bylaws shall be commenced
within six months from such breach.
Any or all of these bylaws may be repealed or amended or other
bylaws may be adopted, at any Town meeting, annual or special, an
article containing the subject matter of the proposed change having
been inserted in the warrant for such meeting.
Except when otherwise provided by law, prosecutions from offenses
under the bylaws of the Town may be made by any police officer of
the Town.
[Adopted 10-23-2018 FTM by Art.
16[1]]
The select board shall be the entity historically known as the
board of selectmen. The select board shall have and exercise all legal
rights, authority, duties and responsibilities vested in a board of
selectmen by the laws of the Commonwealth and by vote of the Town.
For purposes of these bylaws words "board of selectmen" shall mean
"select board."
In all currently active Town communications and official documents,
such as policies and regulations, where reasonably practical, and
in all future Town communications and documents, the words "board
of selectmen", "selectmen", "selectman" and "chairman" shall be deleted
and replaced by "select board", "members of the select board" or "select
board members", "member of the select board" or "select board member"
and "chair" respectively. It is the intent of this provision that
in all future Town communications and documents the foregoing gender
neutral terminology and other gender neutral language shall be used,
and that with respect to currently active Town communications and
official documents where it is not reasonably practice to change the
foregoing terminology as provided, such documents shall be interpreted
to impute gender neutral language.
