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:
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“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:
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Amend the code of by-laws of the Town of Southbridge
by inserting..., or
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Amend Section ... of the code of by-laws of the
Town of Southbridge by...”
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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.
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.
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.
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.
The words "chief administrative officer" shall mean the Town
Manager of the Town of Southbridge.
The word "code" shall mean the Code of By-laws, Town of Southbridge
as designated in Section 1-102.
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
The words "council" or "town council" shall mean the Town
Council of the Town of Southbridge.
The words "county" or "this county" shall mean the County
of Worcester, or such other counties in which the town may lie.
Words importing one gender shall include and apply to the
other gender as well.
The words "governing body" shall mean the town council of
the town of Southbridge.
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.
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.
The word "month" shall mean a period of thirty days, or,
if the context so requires, a calendar month.
Words used in the singular include the plural and the plural
include the singular number.
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."
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.
The word "person" shall extend and be applied to associations,
corporations, firms, partnerships and bodies politic and corporate
as well as to natural persons.
The words "personal property" shall include all tangible
and intangible property other than real property.
The words "preceding" and "following" shall mean next before
and next after, respectively.
The word "property" shall include real and personal property.
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.
The words "real property" shall include lands, tenements,
and hereditaments.
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.
The word "sidewalk" shall mean that portion of a street between
the curb line and the adjacent property intended for the use of pedestrians.
The words "the state" or "this state" shall be construed
to mean the Commonwealth of Massachusetts.
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.
The use of any verb in the present tense shall include the
future when applicable.
The terms "the town" or "this town," shall mean the Town
of Southbridge.
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."
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.
The words "written" or "in writing" shall be construed to
include any representation of words, letters or figures, whether by
printing or otherwise.
The word "year" shall mean a period of twelve months, or,
if the context so requires, a calendar year.
The rules of construction set forth in this By-law shall not
be applied to any By-law which shall contain any express provision
excluding such construction, or when the subject matter or context
of such By-law may be repugnant thereto.
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
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If reference is made in any by-law or regulation to Schedule
of Penalties D through F, the following schedule shall apply:
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D.
$250.
E.
$275.
F.
$300.
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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.
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List of Provisions Subject to Enforcement Under MGL Chapter
40, Section 21D
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Provision
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Additional Enforcement Person(s)
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Section 6-203 Removal of Dog Litter
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Animal Control Officer & Health Inspector
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Section 7-102 Regulation of Overhanging Objects /Devices
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Building Inspector
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Section 7-103 Obstructions in Public Way
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Building Inspector
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Section 7-104 Regulation of Leaves, Garden Trimmings, etc., in Public Way
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Health Agent & Health Inspector
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Section 7-105 Painting, Printing, etc., Figures or Pictures on Sidewalk or Street
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Health Agent & Health Inspector
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Section 7-106 Distribution of Certain Materials in Public Ways
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Building Inspector
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Section 7-107 Restrictions on Playing Musical Instruments, Public Gatherings in Public Ways
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Section 7-108 Regulation of Digging in Public Ways
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DPW Superintendent
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Section 7-109 Regulation of Use of Public Areas for Assembly, Parades, etc.
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Section 7-110 Regulation of Use of Sound Trucks, etc.
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Section 7-111 Restrictions on Use of Vehicles in/on Certain Town Owned Land
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Section 7-112 Repair or Removal of Buildings Abutting Public Way
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Building Inspector
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Section 7-113 Hoisting Materials over Public Ways
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Section 7-201 No Parking During Street Sweeping Operations
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Section 7-202 Inoperable Motor Vehicles in Public Ways
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Section 7-203 Parking of Vehicles in Excess of Certain Width/Height on Public Ways
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Section 7-204 Moving Buildings
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Section 7-205 Motor Scooters
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Section 7-301 Use of Public Ways by Pedestrians
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Section 7-302 Prohibition of Possession of Intoxicating Liquors in Public Places
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Section 7-303 Regulation of Coasting in Public Ways
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Section 7-304 Use of Certain Articles/Devices Prohibited on Sidewalks
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Section 7-305 Play, Games, Sport, Other Activities Prohibited in Public Ways
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Section 7-401 Care of Public Property, Buildings and Water Bodies
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Section 7-402 Regulation of Swinging Objects/Devices
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Section 7-403 Notice of Intent to Do Work in Public Ways to be Given
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Section 7-404 Town Boundary Markers to be Respected
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Section 7-405 Street Lights, Warning Lights to be Respected
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Section 7-406 Owners/Agents of Property Abutting Sidewalks Required to Remove Snow
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Section 7-407 No Snow, Ice or Water to be Permitted to Fall or be Discharged into Public Way
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Section 7-501 Youth Protection Curfew
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Section 7-502 Disorderly Actions
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Section 7-503 Noise Control
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Section 7-504 Alarm Systems
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Section 7-505 Fire Regulations
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Fire Inspectors
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Section 7-506 Prohibition of “Camping”
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Section 8-201 Drainage and Erosion Control
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DPW Superintendent
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Section 8-501 Stormwater Management
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Section 9-101 Building Inspections
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Building Inspector
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Section 9-102 Plumbing & Gas Fitting Inspections
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Building Inspector & Plumbing & Gas Inspector
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Section 9-103 Wiring and Electrical Standards
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Building Inspector & Wire Inspector
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Section 9-201 Regulation of Earth Removal
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Building Inspector
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Section 9-300 Blighted Properties
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Section 9-301 Purpose
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Section 9-302 Definitions
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Section 9-303 Blighted Conditions
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Section 9-304 Administration
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Section 9-305 Appeals
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Section 9-306 Registration of Vacant Buildings Required
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Section 9-307 Penalties and Enforcement
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Section 9-308 Severability
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Section 10-102 Collection of Garbage, Rubbish and Refuse
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Health Agent & Health Inspector
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Section 10-103 Maintenance of Areas Free From Garbage, Rubbish and Refuse
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Health Agent & Health Inspector
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Section 10-200 Mandatory Recycling
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Health Agent & Health Inspector
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[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.
