The town council may, by the adoption of by-laws, exercise any power or function which the state legislature has power to confer on it and which is not inconsistent with the state constitution or laws enacted by the state legislature or denied to the town by its home rule charter.
By-laws adopted by the Southbridge town council shall be effective in accordance with Section 12-4 of the Town Charter or on such later date as may be fixed by the town council. In accordance with the Town Charter, such by-laws shall not require the approval of the Attorney General of the Commonwealth.
The enactment form shall be substantially as follows:
“The town council of the Town of Southbridge in the exercise of powers conferred on it by Section 8 of Article LXXXIX of the amendments to the state constitution and by its own home rule charter does hereby adopt and enact the following:
Amend the code of by-laws of the Town of Southbridge by inserting..., or
Amend Section ... of the code of by-laws of the Town of Southbridge by...”
The By-laws set forth in this and the following chapters and sections shall constitute and be designated as the "Code of By-laws, Town of Southbridge, Commonwealth of Massachusetts," and may be so cited.
In the construction of this code, and of all By-laws, the following rules shall be observed and the following definitions shall apply unless such construction would be inconsistent with the manifest intent of the governing body.
GENERALLY
The provisions of this code shall be liberally construed to affect the purposes expressed therein or implied from the expression thereof. Words and phrases shall be construed and understood according to their common and usual meaning unless the contrary is clearly indicated. Technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
AGENCY
The word “agency” when used in conjunction with the word “office” (as in “office or agency”) shall mean any multiple member body, or department, or any other division of the town administrative service, however designated or described.
CHARTER
The terms "charter" or "town charter" shall mean the “home rule” charter of the Town of Southbridge, ratified by the voters at the annual town election held in 2003, as most recently amended.
CHIEF ADMINISTRATIVE OFFICER
The words "chief administrative officer" shall mean the Town Manager of the Town of Southbridge.
CODE
The word "code" shall mean the Code of By-laws, Town of Southbridge as designated in Section 1-102.
COMPUTATION OF TIME
The time within which an act is to be done as provided in any By-law or in any order issued pursuant to any By-law, when expressed in days, shall be computed by excluding the first day and including the last, if seven days or fewer, only business days (not including Saturdays, Sundays, or legal holidays) shall be counted; if more than seven days, every day shall be counted, provided, however, if the last day of the period so computed would fall on a Saturday, Sunday or a legal holiday the period shall end at five o’clock P.M. on the first business day following such Saturday, Sunday or legal holiday, except as may otherwise be required by law
COUNCIL
The words "council" or "town council" shall mean the Town Council of the Town of Southbridge.
COUNTY
The words "county" or "this county" shall mean the County of Worcester, or such other counties in which the town may lie.
GENDER
Words importing one gender shall include and apply to the other gender as well.
GOVERNING BODY
The words "governing body" shall mean the town council of the town of Southbridge.
HERETOFORE, HEREAFTER
Whenever the word "heretofore" occurs in any By-law it shall be construed to mean any time previous to the day when such By-law shall take effect; and whenever the word "hereafter" occurs it shall be construed to mean the time after the By-law containing such word shall take effect.
JOINT AUTHORITY
All words purporting to give joint authority to three (3) or more town officers or other persons shall be construed as giving such authority to a majority of such officers or other persons unless it shall be otherwise expressly declared in the law giving the authority.
MONTH
The word "month" shall mean a period of thirty days, or, if the context so requires, a calendar month.
NUMBER
Words used in the singular include the plural and the plural include the singular number.
OATH
The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
OWNER
The word "owner," applied to any property, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or a part of such property.
PERSON
The word "person" shall extend and be applied to associations, corporations, firms, partnerships and bodies politic and corporate as well as to natural persons.
PERSONAL PROPERTY
The words "personal property" shall include all tangible and intangible property other than real property.
PRECEDING, FOLLOWING
The words "preceding" and "following" shall mean next before and next after, respectively.
PROPERTY
The word "property" shall include real and personal property.
PUBLIC WAY
The term "public way" shall mean those ways appearing on the official list of public ways prepared by the Director of the Department of Public Works.
REAL PROPERTY
The words "real property" shall include lands, tenements, and hereditaments.
REASONABLE TIME
In all cases where any By-law shall require any act to be done in a reasonable time or reasonable notice to be given, such reasonable time or notice shall be deemed to mean such time only as may be necessary for the prompt performance of such duty, or compliance with such notice.
SIDEWALK
The word "sidewalk" shall mean that portion of a street between the curb line and the adjacent property intended for the use of pedestrians.
STATE
The words "the state" or "this state" shall be construed to mean the Commonwealth of Massachusetts.
TENANT, OCCUPANT
The words "tenant" and "occupant," applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.
TENSES
The use of any verb in the present tense shall include the future when applicable.
TOWN
The terms "the town" or "this town," shall mean the Town of Southbridge.
TOWN OFFICERS AND DEPARTMENTS
Whenever reference is made to an officer of a department, the same shall be construed as if followed by the words "of the Town of Southbridge."
WEEK
The word "week" shall be construed to mean seven days; but publication in a newspaper of any notice or other matter indicated to be for a stated number of weeks shall be construed to mean one insertion in each week, unless specifically stated to be for each day of the week or for more than one day in each week.
WRITTEN OR IN WRITING
The words "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
YEAR
The word "year" shall mean a period of twelve months, or, if the context so requires, a calendar year.
All references to titles, chapters, or sections are to the titles, chapters and sections of these By-laws unless otherwise specified. Where the letters “MGL” appear or where the reference is to the General Laws, the reference is to the Massachusetts General Laws. Where the letters “MGLA” appear, the reference is to the Massachusetts General Laws Annotated. Where the phrase “TCM (xx-xx-xxxx)” appears, the reference is to the Town Council Meeting of xx-xx-xxxx. Where the phrase “Article XX, §___” appears, the reference is to the Town By-laws in effect prior to the 2006 recodifiction.
1-106.1. 
If the provisions of different chapters of these By-laws conflict with or contravene each other, the provisions of each chapter shall prevail as to all matters and questions growing out of the subject matter of such chapter.
1-106.2. 
If conflicting provisions are found in different sections of the same chapter, the provisions of the section which is last in time shall prevail.
1-106.3. 
To the extent that any provision of this code expressed in general terms shall conflict with any provision expressed in specific terms, the specific provision shall prevail.
1-106.4. 
In all cases in which provisions of this code conflict with one another the provision enacted most recently in time shall be deemed to prevail over any older provision.
At least ten days before final passage of a general by-law (except an emergency by-law), notice of such by-law shall be published once in a local newspaper and posted on the town bulletin board. Such proposed by-law shall also be posted in full on the town web site and be available in the office of the town clerk. After final passage, the by-law, notice thereof, shall be posted on the town bulletin board and web site and shall be available in full in the office of the town clerk.
Notice, publication and posting of a proposed general by-law under this section shall be performed for the benefit of the public, solely for purposes of information and to make the public aware of the general nature of certain subject matter the town council may consider at a future meeting. Notice, publication and posting under this section is not intended to suggest that the measure will be adopted in that precise form, that it will be adopted with amendments, or that it will be adopted at all. Notwithstanding any amendments which may be made to the proposed general by-law by the town council, the proposed by-law or notice thereof will not be re-published or re-posted before final enactment unless at least three Councilors vote to require the same.
Failure to comply with the provisions of this section shall not invalidate any by-law enacted by the town council.
All by-laws passed by the town council, except when otherwise specifically provided, shall take effect and be in force in accordance with Section 12-4 of the Town Charter.
1-109.1. 
Nothing in this code or the By-law adopting this code shall affect any offense or act committed or done, or any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this code.
1-109.2. 
The adoption of this code shall not be interpreted as authorizing any use or the continuance of any use of a structure or premises in violation of any By-law of the town in effect on the date of adoption of this code, except as otherwise provided.
1-110.1. 
The repeal of a By-law shall not revive any By-law in force before or at the time the By-law repealed took effect.
1-110.2. 
The repeal of a By-law shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal for an offense committed under the By-law repealed.
Whoever violates any provision of this Code of By-laws or of any regulation of any municipal officer, board or department, may be penalized by a non-criminal disposition as provided in MGL, Chapter 40, Section 21D. Each day on which any violation exists shall be deemed to be a separate offense. Violations of any by-law or rule or regulation of any town officer, board or department, may be enforced by any police officer of the Town of Southbridge.
The following Schedule of Penalties shall apply to violations of a by-law, rule or regulation, except as otherwise specified in such by-law, rule or regulation:
A. 
For a first violation of any provision in one calendar year: $25.
B. 
For the second violation of the same provision within the same calendar year: $50.
C. 
For the third and subsequent violations of the same provision within the same calendar year: $100.00
If reference is made in any by-law or regulation to Schedule of Penalties D through F, the following schedule shall apply:
D. 
$250.
E. 
$275.
F. 
$300.
Without intending to limit the generality of the foregoing, it is the intent of this provision that the following by-laws may be enforced through non-criminal disposition in accordance with this section and Chapter 40, §21D of the General Laws, and that Schedule of Penalties A through C shall apply to violations thereof, unless otherwise specified in such by-laws. In addition to town police officers, the municipal personnel listed for each section, if any, shall also be enforcing persons for such by-laws.
List of Provisions Subject to Enforcement Under MGL Chapter 40, Section 21D
Provision
Additional Enforcement Person(s)
Section 6-203 Removal of Dog Litter
Animal Control Officer & Health Inspector
Section 7-102 Regulation of Overhanging Objects /Devices
Building Inspector
Section 7-103 Obstructions in Public Way
Building Inspector
Section 7-104 Regulation of Leaves, Garden Trimmings, etc., in Public Way
Health Agent & Health Inspector
Section 7-105 Painting, Printing, etc., Figures or Pictures on Sidewalk or Street
Health Agent & Health Inspector
Section 7-106 Distribution of Certain Materials in Public Ways
Building Inspector
Section 7-107 Restrictions on Playing Musical Instruments, Public Gatherings in Public Ways
 
Section 7-108 Regulation of Digging in Public Ways
DPW Superintendent
Section 7-109 Regulation of Use of Public Areas for Assembly, Parades, etc.
 
Section 7-110 Regulation of Use of Sound Trucks, etc.
 
Section 7-111 Restrictions on Use of Vehicles in/on Certain Town Owned Land
 
Section 7-112 Repair or Removal of Buildings Abutting Public Way
Building Inspector
Section 7-113 Hoisting Materials over Public Ways
 
Section 7-201 No Parking During Street Sweeping Operations
 
Section 7-202 Inoperable Motor Vehicles in Public Ways
 
Section 7-203 Parking of Vehicles in Excess of Certain Width/Height on Public Ways
 
Section 7-204 Moving Buildings
 
Section 7-205 Motor Scooters
 
Section 7-301 Use of Public Ways by Pedestrians
 
Section 7-302 Prohibition of Possession of Intoxicating Liquors in Public Places
 
Section 7-303 Regulation of Coasting in Public Ways
 
Section 7-304 Use of Certain Articles/Devices Prohibited on Sidewalks
 
Section 7-305 Play, Games, Sport, Other Activities Prohibited in Public Ways
 
Section 7-401 Care of Public Property, Buildings and Water Bodies
 
Section 7-402 Regulation of Swinging Objects/Devices
 
Section 7-403 Notice of Intent to Do Work in Public Ways to be Given
 
Section 7-404 Town Boundary Markers to be Respected
 
Section 7-405 Street Lights, Warning Lights to be Respected
 
Section 7-406 Owners/Agents of Property Abutting Sidewalks Required to Remove Snow
 
Section 7-407 No Snow, Ice or Water to be Permitted to Fall or be Discharged into Public Way
 
Section 7-501 Youth Protection Curfew
 
Section 7-502 Disorderly Actions
 
Section 7-503 Noise Control
 
Section 7-504 Alarm Systems
 
Section 7-505 Fire Regulations
Fire Inspectors
Section 7-506 Prohibition of “Camping”
 
Section 8-201 Drainage and Erosion Control
DPW Superintendent
Section 8-501 Stormwater Management
 
Section 9-101 Building Inspections
Building Inspector
Section 9-102 Plumbing & Gas Fitting Inspections
Building Inspector & Plumbing & Gas Inspector
Section 9-103 Wiring and Electrical Standards
Building Inspector & Wire Inspector
Section 9-201 Regulation of Earth Removal
Building Inspector
Section 9-300 Blighted Properties
 
Section 9-301 Purpose
 
Section 9-302 Definitions
 
Section 9-303 Blighted Conditions
 
Section 9-304 Administration
 
Section 9-305 Appeals
 
Section 9-306 Registration of Vacant Buildings Required
 
Section 9-307 Penalties and Enforcement
 
Section 9-308 Severability
 
Section 10-102 Collection of Garbage, Rubbish and Refuse
Health Agent & Health Inspector
Section 10-103 Maintenance of Areas Free From Garbage, Rubbish and Refuse
Health Agent & Health Inspector
Section 10-200 Mandatory Recycling
Health Agent & Health Inspector
[Amended 3-11-1991]
Any person violating any of these By-laws will be subject to a fine up to the maximum amount permitted by law by criminal complaint filed in the Dudley Division of the District Court. Each day a violation continues will constitute a separate offense. (Article I, § 1)
All By-laws shall be recorded by the town clerk in the order in which they are passed to be ordained, in a book prepared and kept for that purpose, with proper margins and index, lettered "Record of By-laws of the Town of Southbridge" which book shall be preserved in the office of the town clerk and subject to public inspection.
Whenever the town council expresses anything by way of command, the form of expression shall be "ordered"; and when the town council expresses opinions, principles, facts or purposes, the form shall be "resolved."
It shall be the duty of the town clerk, or someone authorized and directed by the town clerk, to keep up-to-date the certified copy of the book containing the code required to be filed in the office of the town clerk for the use of the public. All changes in said code and all By-laws adopted subsequent to the effective date of this codification which shall be adopted specifically as part of the code shall, when finally adopted, be included therein by reference until such changes or new By-laws are printed as supplements to said code book at which time such supplements shall be inserted therein.
All By-laws hereafter enacted or presented to the town council for enactment shall be drafted, so far as possible, as specific amendments of or additions to the Code of Southbridge.
It is hereby declared to be the intention of the town council that the sections, paragraphs, sentences, clauses and words of this code are severable, and if any word, clause, sentence, paragraph or section of this code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining words, clauses, sentences, paragraphs and sections of this code, because the same would have been enacted by the town council without the incorporation in this code of any such unconstitutional or invalid word, clause, sentence, paragraph or section.