MILLBURY-TOWN BY-LAWS
CODE OF BY-LAWS
Town of
MILLBURY,
MASSACHUSETTS
GENERAL BY-LAWS OF THE TOWN
Adopted: April 2, 1977
Effective: November 16, 1977
Published by Order of the Selectmen
TABLE OF CONTENTS
Chapter
1. GENERAL PROVISIONS 1-1
Sec. 1-1 Designation of Code 1-1
Sec. 1-2 Repeal of by-laws not to revive previously
Repealed by-laws 1-1
Sec. 1-3 Construction of certain terms 1-1
Sec. 1-4 Issuance of Certain licenses, permits 1-1
Sec. 1-5 By-laws to be printed 1-1
Sec. 1-6 General penalty 1-2
Sec. 1-7 Non-Criminal Disposition 1-2
Sec. 1-8 Vehicle Identification 1-2
2. ADMINISTRATION 2-1
Sec. 2-1 Meeting attendance records 2-1
Sec. 2-2 Minutes of meetings 2-1
Sec. 2-3 Cemetery Commissioners duties incorporated
By reference 2-2
Sec. 2-4 Town Collector’s duties incorporated by references 2-2
Sec. 2-5 Disposal of town personal property 2-2
Sec. 2-6 Purchases 2-2
Sec. 2-7 Absence from scheduled board, commission or
Committee meetings 2-3
Sec. 2-8 Article closing 2-3
Sec. 2-9 Purchase of recycled contents 2-3
ARTICLE II. TOWN MEETINGS
Sec. 2-18 Time and date of annual meeting 2-4
Sec. 2-19 Notice 2-4
Sec. 2-20 Availability of Town Officials at Town Meetings 2-4
DIVISION 2. RULES OF PROCEDURE
Sec. 2-26 Order of business 2-5
Sec. 2-27 Votes to be case from main floor 2-5
Sec. 2-28 Reconsideration at adjourned meetings of
Previously passed measures restricted 2-5
Sec. 2-29 Reconsideration at same meeting restricted 2-5
Sec. 2-30 Quorum 2-5
Sec. 2-31 Committee reports 2-6
Sec. 2-43 Selectmen to have general management powers
And duties 2-7
Sec. 2-44 Annual reports 2-7
Sec. 2-45 Publication and distribution of reports 2-7
Sec. 2-46 Payment of fees into the Town Treasury 2-7
DIVISION OF CLERK
Sec. 2-52 Maintenance of records 2-8
Sec. 2-53 Duty to notify elected and appointed officials
Of election or appointment 2-8
Sec. 2-54 Duty to furnish boards and committees with
Copies of voted affecting them 2-8
Sec. 2-55 Fees 2-8
DIVISION 3. DEPARTMENT OF FINANCIAL MANAGEMENT
Sec. 2-61 Authorization of the Department of Financial
Management 2-13
Sec. 2-62 Appointment of a Finance Director 2-13
Sec. 2-63 Office of the Town Accountant
Sec. 2-64 Office of the Treasurer/Tax Collector
Sec. 2-65 Office of the Board of Assessors
Sec. 2-66 Employees of the Department of Financial
Management
Sec. 2-67 Financial Management Policies and Procedures
Sec. 2-68 Independent Audit
Sec. 2-69 Report 2-13
ARTICLE IV. FINANCE COMMITTEE
Sec. 2-89 Composition; appointment; terms 2-14
Sec. 2-90 Duties generally 2-14
Sec. 2-91 Preparation, filing and transmission of annual
Budget estimates to committee 2-14
Sec. 2-92 Consideration, approval or disapproval of
Proposed budgets 2-15
Sec. 2-93 Consideration of articles in town meeting
Warrants; reports and recommendations 2-15
ARTICLE V. PERSONNEL ADMINISTRATION PLAN
Sec. 2-105 Purpose 2-15
Sec. 2-106 Personnel board-Composition; qualification 2-15
Sec. 2-107 Same Members to serve without compensation 2-15
Sec. 2-108 Same-Terms; filling of vacancies 2-16
Sec. 2-109 Same-Officers and proceedings 2-16
Sec. 2-110 Same-Duties 2-16
Sec. 2-111 Employee records 2-17
Sec. 2-112 Establishment of new classifications without
Report from board restricted 2-17
Sec. 2-113 Applicability to town employees 2-17
Sec. 2-114 Posting of vacancies 2-17
ARTICLE V-A. INDIVIDUAL HEALTH INSURANCE CONTRACTS
Sec. 2-116 Authority 2-18
Sec. 2-117 Reimbursement for town employees and retirees 2-18
Sec. 2-118 Reimbursement for school department employees 2-18
Sec. 2-119 Rules and regulations 2-18
Sec. 2-120 Residents in service area 2-18
Sec. 2-121 Effect of available group insurance 2-19
Sec. 2-122 Eligibility 2-19
ARTICLE VI. COUNCIL ON AGING
Sec. 2-125 Established; composition; terms 2-19
Sec. 2-126 Duties 2-19
Sec. 2-127 Cooperation with state 2-20
Sec. 2-128 Council to be cognizant of state and federal
Legislation 2-20
Sec. 2-129 Annual Report 2-20
ARTICLE VII. CAPITAL BUDGET PLANNING COMMITTEE
Sec. 2-142 Annual capital budget program 2-21
3. ADVERTISING 3-1
Sec. 3-1 Posting handbills, placards, etc., restricted 3-1
Sec. 3-2 Distribution in manner so as to create disturbance 3-1
Or litter prohibited
4. ANIMALS AND FOWL 4-1
Sec. 4-1 Permits required for keeping of swine 4-1
Sec. 4-2 Sanitation requirements for livestock buildings 4-1
ARTICLE II. DOGS
Sec. 4-16 Definitions 4-2
Sec. 4-17 Restraint 4-3
Sec. 4-18 Impoundment by dog officer 4-3
Sec. 4-19 Impoundment – Notice to owner 4-4
Sec. 4-20 Same – Redemption by owner 4-4
Sec. 4-21 Same – Disposition of unclaimed dogs 4-4
Sec. 4-22 Rabies control, licenses and tags 4-4
Sec. 4-23 Disposition or receipts 4-5
Sec. 4-24 Construction with other laws 4-5
Sec. 4-25 Fines and Penalties 4-5
Sec. 4-26 Responsibilities of the dog officer 4-6
5. BUILDINGS AND BUILDING REGULATIONS
Sec. 5-1 Purpose 5-1
Sec. 5-2 Building Inspector 5-1
Sec. 5-3 Permit Fees 5-2
Sec. 5-4 Fire Districts 5-2
ARTICLE II. GAS AND GAS PIPING
Sec. 5-24 Appointment; duties 5-2
6. FIRE PREVENTION AND PROTECTION 6-1
Sec. 6-1 Millbury fire alarm policy 6-1
ARTICLE II. FIRE DEPARTMENT
Sec. 6-16 Annual report 6-2
7. GARBAGE, TRASH AND REFUSE 7-1
Sec. 7-2 Vehicles transporting rubbish to be covered 7-1
Sec. 7-3 Resident vehicle stickers 7-1
Sec. 7-4 Discarding of solid waste brought from outside
Town limits prohibited 7-1
Sec. 7-5 Permit from board of health required 7-2
Sec. 7-6 Violations and penalties 7-2
Sec. 7-7 Scavenger by-law 7-2
ARTICLE II. PRIVATE COLLECTORS
Sec. 7-16 Permit – Required; exception 7-2
Sec. 7-17 Same – Transferability 7-3
Sec. 7-18 Same – Revocation 7-3
Sec. 7-19 Same – Expiration, renewal 7-4
Sec. 7-20 Compliance with board of health rules required 7-4
Sec. 7-21 Vehicles to be watertight, securely covered 7-4
8. HEALTH AND SANITATION 8-1
ARTICLE II. BOARD OF HEALTH
Sec. 8-16 Duties 8-1
Sec. 8-17 Annual report 8-1
Sec. 8-18 Biomedical Research 8-2
9. JUNK AND JUNK DEALERS
Sec. 9-1 Storage of unregistered motor vehicles – Limited
To two 9-1
Sec. 9-2 Same – Prohibited in front or side yards;
Exceptions 9-1
Sec. 9-3 Same – Permit required; notice of hearing;
Conditions for issuance 9-1
Sec. 9-4 Same – Permit specifications 9-2
Sec. 9-5 Same – Exceptions 9-2
Sec. 9-6 Same – Penalty for violation of Sections 9-1
Through 9-5 9-3
ARTICLE II. JUNK DEALERS
Sec. 9-16 License – Required 9-3
Sec. 9-17 Same – grant; issuance; record 9-3
Sec. 9-18 Exemption from license requirements 9-3
Sec. 9-19 Junk, Scrap, Debris 9-4
Sec. 9-20 Same – Removal, Treatment 9-4
Sec. 921 Same – Penalties 9-4
10. LIBRARY 10-1
Sec. 10-1 Public administration research collection-
Generally 10-1
Sec. 10-2 Same – Building committee working papers 10-2
ARTICLE II. BOARD OF TRUSTEES
Sec. 10-16 Composition; terms 10-3
Sec. 10-17 Powers and duties 10-3
11. OFFENSES AND MISCELLANEOUS PROVISIONS 11-1
Sec. 11-2 Obstruction of public passages 11-1
Sec. 11-3 Radioactive waste disposal 11-1
Sec. 11-4 Number of coin-operated amusement devices
Limited 11-1
12. PLANNING 12-1
Sec. 12-1 Zoning board of appeals to act as board of
Appeals for subdivision regulations 12-1
13. POLICE 13-1
ARTICLE II. DEPARTMENT
Sec. 13-16 Composition 13-1
Sec. 13-17 Chief responsible for actions of associate members 13-1
Sec. 13-18 Annual report of chief 13-1
Sec. 13-19 Selectmen’s authority to make rules 13-2
ARTICLE III. LICENSES AND PERMITS
Sec. 13-30 Canvassers and solicitors 13-2
14. STREETS, SIDEWALKS AND PUBLIC PLACES 14-1
Sec. 14-1 Coasting prohibited; exception 14-1
Sec. 14-2 Parade permit required 14-1
Sec. 14-3 Amusement products bylaw 14-1
Sec. 14-4 Permit required for street stands, etc 14-4
Sec. 14-5 Throwing stones, etc., in or across public ways 14-4
Sec. 14-6 Selectmen’s authority to promulgate
Specifications for streets 14-4
Sec. 14-7 Drinking of alcoholic beverages prohibited 14-4
Sec. 14-8 Acceptance of Streets 14-5
Sec. 14-9 Snow Removal 14-5
Sec. 14-10 Restriction of hours on Town Common 14-5
ARTICLE II. OBSTRUCTIONS AND EXCAVATIONS
Sec. 14-18 Permit for obstructions and excavations 14-5
Sec. 14-19 Removal of obstructions after notice required 14-6
Sec. 14-20 Permit required for obstructions of sidewalks with
Wares, merchandise or other goods, etc 14-6
ARTICLE III. HIGHWAY SURVEYOR
Sec. 14-32 Duties 14-6
Sec. 14-33 Annual Report 14-6
15. TRAFFIC 15-1
Sec. 15-1 Selectmen’s authority 15-1
Sec. 15-2 Driving over fire hoses prohibited 15-1
Sec. 15-3 Obstruction of streets with vehicles 15-1
Sec. 15-4 Drivers to yield to fire apparatus responding to call 15-2
Sec. 15-5 Handicapped parking 15-2
16. WATER, SEWERS AND SEWAGE DISPOSAL 16-1
Sec. 16-1 Permission of selectmen required for connections
To or draining into town sewers or drains 16-1
17. LICENSES AND PERMITS 17-1
Sec. 17-1 Definitions 17-1
Sec. 17-2 List 17-1
Sec. 17-3 Revocation, suspension or denial 17-1
Sec. 17-4 Payment agreement 17-2
Sec. 17-5 Waiver 17-2
APPENDIX A
MILLBURY BOARD OF APPEALS
RULES AND OPERATING PROCEDURES A-1
APPENDIX B
MINIMUM REQUIREMENTS FOR THE DISPOSAL OF
SANITARY SEWAGE IN UNSEWERED AREAS B-1
APPENDIX C
RULES AND REGULATIONS OF THE TOWN
OF MILLBURY SEWER DEPARTMENT C-1
APPENDIX D
REGULATIONS AND ACTS ACCEPTED BY THE TOWN D-1
CODE OF BY –LAWS
Chapter 1
GENERAL PROVISIONS
Sec. 1-1. Designation of Code.
The provisions of the following chapters and sections shall constitute and be designated the "Code of By-Laws of the Town of Millbury, Massachusetts," and may be so cited.
State law reference -General authority of town to adopt by-laws, G.L. c. 40, §L1.
Sec.1-2. Repeal of by-laws not to revive previously repealed by-laws.
The repeal of a by-law shall not thereby have the effect of reviving any by-law theretofore repealed.
Sec. 1-3. Construction of certain terms.
Words and phrases specifying or naming any officer, board or committee of the town shall be construed as including the lawful successor or the person or persons having the powers and performing the duties of such officer, board or committee.
"County" shall mean Worcester County.
"Person" shall mean person, firm or corporation.
"Town" shall mean Town of Millbury.
Sec. 1-4. Issuance of certain licenses, permits.
When in a by-law anything is prohibited from being performed without the license or permission of a certain officer, board or committee, such officer, board of committee shall have the right to license or permit such things to be performed.
Sec. 1-5. By-laws to be printed; copies to be kept in town offices.
The selectmen shall cause copies of these by-laws to be printed, and to be kept in the town offices, where copies or portions thereof may be purchased upon application.
Sec. 1-6. General penalty.
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