WIXLIB

TOWN OF BOURNEBYLAWSApproved through 2017 May ATM & STM Meetings

TABLE OF CONTENTSCHAPTER 1TOWN GOVERNMENT n Meetings1.1.1Annual Town Meeting and Election1.1.2Quorum1.1.3Seating1.1.4Motions in Writing1.1.5Reconsideration1.1.6Rules of Order1.1.7Vote by Ballot1.1.8Time Limit1.1.9Articles by Lottery1.1.10 Sponsor of Articles1.1.11 Two-thirds onSection1.2Selectmen1.2.1Supervision1.2.2Legal Proceedings1.2.3Appearances1.2.4Statistics in Annual Town Report1.2.5Report Regarding Town andCounty Ways1.2.6Time Limit for Annual Town Report1.2.7Time Limit for Filing AnnualOperating Budgets1.2.8Payment t to Town MeetingReimbursementTermination of nPowers and DutiesZoning Actions at Town MeetingPublic LandBuilding and RoadsReporting or ReferralsMatters Not Requiring PlanningII4444566667777

Board ActionStreet Names77Section1.4.9Article al Outlay Committee1.5.1Membership1.5.2Town Accountant Ex Officio1.5.3Officers1.5.4Duties1.5.5Annual Report1.5.6Capital Outlay Items Defined7777888Article 1.7SectionSectionSectionRecreation es and Responsibilities9999Article l Building Committee1.8.1Membership1.8.2Superintendent 6Term of Service999991010Article 1.9SectionSectionSectionSectionBylaw cers1.9.4Duties1010101010Article 1.10SectionSectionSectionSectionShore and Harbor Committee1.10.1 Membership1.10.2 Organization1.10.3 Officers1.10.4 Duties1111111111CHAPTER 2TOWN GOVERNMENT OPERATION11Article 2.2SectionSectionProtection of Interest of the Town2.2.lAnnual Inventory2.2.2Storage111212III

le of Materials to TownExtra CompensationPublic Auction of EquipmentBids for Supplies, Equipment andServicesPublic Auction of LandInspection of tion2.2.72.2.82.2.9Article 2.3SectionAmendments to Bylaws2.3.1Repeal and Amendment1313Article ttees2.4.1Term of Appointment2.4.2Reappointment2.4.3Staggering of Appointment2.4.4Termination or Committee Membership2.4.5Executive Session2.4.6Quorums13131414141414Article 2.5SectionSectionSectionSectionCouncil on Aging2.5.1Purpose and Goals2.5.2COA Advisory Committee Membership2.5.3COA Advisory Committee Meeting2.5.4COA Advisory Committee Officersand Duties14151515Article 2.6SectionSectionSectionSectionBurial Lots2.6.lCare of Lots2.6.2Board of Investments2.6.3Income from Deposits2.6.4Statement of Deposit1616161717Article 2.7SectionSectionSectionAnnual Report2.7.1Treasurer's Annual Report2.7.2Assessor's Annual Report2.7.3Town Clerk's Annual Report17171717Article 2.8SectionAmbulance Vehicles2.8.1Emergency Ambulance Vehicles1717Article 2.9SectionSectionCHAPTER 3Due Date and Interest on Unpaid Bills and Charges2.9.1Due Date2.9.2Rate of InterestGENERAL REGULATIONS17171718Article 3.1SectionPublic Safety and Good Order3.1.1Rubbish Permit1818IV16

4Digging on Public Land18Littering of Streets and Ways18Railroad and Auto Overpasses18Advertising on Public Ways18Signs18Nudity19Disorderly Conduct19Fires19Emergency Vehicle Right-of-Way19Operation of Animals on Public Ways19Hitchhiking19Junk Collection20Junk Sales. Second Hand Dealers, Shopsand Pawn Brokers20Trespassing21Wells21Hawkers and Peddlers21Interference with Police21Possession of Alcohol22Consumption of cal Protection Devices23Beach Rules and Regulations24Yard, Garage and/or Barn Sales25Use of Vehicles on Public Land25Temporary Repairs of Private Ways25Licensing and Control of Dogs26Fees for Certain Licenses Regulated29Blocking Fire Hydrants and FireDepartment Connections29Fees for False Alarms29Handicapped Parking Regulations30Sidewalk Sales31Motor Vehicle Junkyard31Licensing Authority32Layout and Acceptance of Private Ways 32Video Poker Machines/Slot Machines33Personal Motorized Vehicle Regulations 33Public Consumption or Use of Marijuana 34Police Details35Unregistered Motor Vehicles36Downtown Blight36Use of Barlows Landing Road andBoat Launch40V

Article 3.2SectionStreet Intersections3.2.1Hazards to Traffic4242Article 3.2License to Operate Taxi-Cabs3.3.3Fees42424242Article 3.4SectionSectionSectionSectionPublic Health3.4.1Littering3.4.2Unsanitary Conditions3.4.3Prohibiting Feeding of Waterfowl3.4.4Board of Health Enforcement4242424343Article 3.5SectionSectionSectionFood Vendor's License3.5.1Sales Prohibited Without a License3.5.2Where License is Required3.5.3Information Required UponFiling Application for License3.5.4License Issued for Public Good Only3.5.5Term of License3.5.6Suspension or Revocation of License444444SectionSectionSectionArticle onSectionSectionSectionSectionSectionArticle onWetland and Natural Resources Protection3.7.1Purpose and Jurisdiction3.7.2Permit Applications; Determination;Conditions3.7.3Notice of Hearings3.7.4Definitions; Regulations3.7.5Activities in Water Resource District;Special Considerations3.7.6Enforcement; Violations; nt Fees3.7.10 Appeals3.7.11 Litigation3.7.12 Promulgation of Rules and RegulationsUnderground Storage Regulation3.8.1Definitions3.8.2Installation of Underground StorageTanks (UST)3.8.3Tank Registration3.8.4Testing3.8.5Report of Leaks or Spills3.8.6Tank 0505151515152525252

SectionSection3.8.83.8.9Article 3.10Solid Waste icle 5353Definitions53Recycling Program54Leaf and Yard Waste CompostingProgram543.10.5 “Buy Recycled” Program553.10.6 Permits553.10.7 Severability553.10.8 Enforcement553.10.9 Effective Date55Licenses or Permits553.11.1 Authority553.11.2 Right to Revoke or Suspend Licenses55or Permits for Non Payment of Taxes or Assessments3.11.3 Not To Apply to Certain Licenses56Article 3.12 Prohibition of Smoking in Certain Places Within the Town of Bourne57Section3.12.1 Definitions57Section3.12.2 Notice of Prohibitions58Section3.12.3 Smoking Prohibited58Section3.12.4 Exceptions58Section3.12.5 Violations59Section3.12.6 Enforcement59Section3.12.7 Severability59Section3.12.8 Other Applicable Laws59Section3.12.9 Effective Date59Article ionDevelopment .75959606060616161Article 3.14SectionSectionSectionSectionSectionDemolition of Historic Structures3.14.1 Intent and Purpose3.14.2 Definitions3.14.3 Procedures3.14.4 Responsibilities of Owner3.14.5 Emergency Demolitions616161626464VII

Section3.14.6Enforcement and Remedies64Article tificatesNoticeFineNon-Criminal Violation ProcedureSingle Use Plastic Bag Prohibition646565656565656566666666CHAPTER 4INSPECTION AND DEVELOPMENT REGULATIONS 67Article 4.1SectionSectionSectionDepartment of es67676768Article 4.2SectionSectionSectionSectionCommonwealth of Massachusetts State Building Code4.2.1Purpose4.2.2Record-Keeping4.2.3Permit Fees4.2.4Fire Districts6868686868Article 4.3SectionSection686868SectionInspector of Wires4.3.1Record Keeping4.3.2Installation of Electricity-CarryingDevices4.3.3Electric Service Entrance EquipmentArticle 4.4SectionGas Inspector4.4.1Installation of Gas Devices6969Article 4.5SectionSectionSectionNumbering of Buildings4.5.1Placement4.5.2New Buildings4.5.3Violations69696969CHAPTER 6VIOLATIONSArticle 6.1Violation of Bylaws6870VIII

SectionSection6.1.16.1.2CHAPTER 7STANDING VOTE OF THE TOWN70Article 7.1SectionThe Votes7.1.1Attorney as School BargainingRepresentative70Article tiesNon-Criminal Violation ProceduresCommunity Preservation Committee8.1.1Membership of the Committee8.1.2Duties8.1.3Requirement for a Quorum and When effective7070707171727272ACTS OF THE LEGISLATURE73SPECIAL LEGISLATURE86IX

PREFACEThe new Town Charter approved on April 4, 2001 has modified and amended the existingTown Bylaws in many respects, particularly by the establishment of a Town Administratorwith the responsibility to carry out many of the duties formerly performed by the Board ofSelectmen. See Section 4-6 Powers and Duties of the Town Administrator in the newCharter. It also should be noted, that if there is any conflict between a Town Bylaw and aprovision of the Charter, the Charter shall supersede any bylaw to the contrary. See Section10-1 of the Charter. Accordingly, one must consult both the Town Charter and the TownBylaws in order to gain a full and complete understanding of the governing provisions ofthe law as they may apply to any particular matter. *NOTE: * Various changes amended by Article 21-1, 2002 ATMCHAPTER 1TOWN GOVERNMENT STRUCTUREArticle 1.1 Town MeetingsSection 1.1.1Annual Town Meeting and Elections. The annual town meeting shall be held on the firstMonday in May of each year. A copy of the Warrant calling such meeting shall be posted inthe Town Hall and in each Post Office in the Town. The annual town elections shall be heldon the third Tuesday of May of each year. The Board of Selectmen are directed andauthorized to petition the General Court for any legislation which may be necessary oruseful in connection with the town meeting or its actions. The Voters handbook, asprovided in Section 2-5 (c) of the Town Charter, shall be available to the public at TownHall and the Public Library not less than fifteen (15) days prior to the Annual TownMeeting. *NOTE: * Various changes amended by Article 21-2, 2002 ATMNOTE: * Various changes amended by Article 15, 2007 ATM"The polls will be open at 7 A.M. for all Town Annual and Special Elections."Section 1.1.2Quorum. One-hundred twenty five (125) registered voters shall constitute a quorum tobegin any session of any annual or special town meeting, provided however, that aftersaid quorum has been established, a quorum to continue to maintain the meeting atany such session shall be one hundred (100) registered voters. Sessions devoted to theelection of officers shall not be subject to this quorum provision. *NOTE: *Various changes amended by Article 2, 2000 Nov STM*Various changes amended by Article 27, 2011 ATMX

Section 1.1.3Seating. The certified voter registration list, identification tags, and designated seatingareas, as directed by the Moderator, shall be used to ensure separation of the legal votersfrom all others during the town meeting.Section 1.1.4Motions in Writing. All motions shall be submitted in writing when required by theModerator.Section 1.1.5Reconsideration. Reconsideration may only be moved or requested by a voter who votedon the prevailing side of the original vote on the main motion. No vote on a main motion,after being once passed at a meeting, shall be reconsidered at the meeting or at anadjournment thereof, except by a two-thirds vote. If the motion to reconsider is defeated,a motion to reconsider the vote on that article may not be made again.NOTE: * Various changes amended by Article 23, 2013 ATMSection 1.1.6Rules of Order. All questions or order shall be decided by the Moderator in accordancewith Robert's Rules of Order as interpreted by "Town MeetingTime, a handbook of Parliamentary Law", except as otherwise provided by statute, andthese bylaws, and provided further, that the following rule(s), and procedure(s) shallsupersede “Town Meeting Time” to the extent necessary and shall be applicable to all townmeetings:1.In the event the Moderator is absent or unable to preside over any article or articlesfor any reason, a Temporary Moderator shall be elected in accordance with Chapter 39Section 14 Paragraph 5,of the Massachusetts General Laws, to conduct the meeting for thearticle or articles over which the Moderator is unable to so preside. *NOTE: * Various changes amended by Article 15, 2001 ATMSection 1.1.7Vote by Ballot. Upon request of 15 voters a vote shall be taken by ballot.Section 1.1.8Time Limit. Each daily session of an annual or a special town meeting shall begin no earlierthan 7:00 p.m. and shall conclude no later than 10:00 p.m. unless at such hour a vote is inprogress in which event the vote shall be completed, or unless by 4/5ths vote of those inattendance it is voted to continue the session beyond 10:00 p.m. Under no circums

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