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NORTON TOWN BY-LAWS JANUARY 2011 INDEX PAGE BETTERMENTS 56 BOARD OF HEALTH 10 CAPITAL IMPROVEMENTS 4 COMMUNICATION 5 CONSERVATION 6 COUNCIL ON AGING 7 DOG CONTROL 18 EMPLOYMENT BENEFITS 42 FALSE PRIVATE ALARMS 57 FINANCE COMMITTEE 9 FINANCIAL & FISCAL PROCEDURES 47 FISCAL TOWN REPORT 15 GENERAL 14 GRAVEL REMOVAL 31 HISTORIC DISTRICT BY-LAW 11 ILLICIT DISCHARGES TO THE MUNICIPAL STROM DRAIN SYSTEM 65 JOB CLASSIFICATION 37 LICENSES AND PERMITS OF DELINQUENT TAXPAYERS 52 LOCAL BALLOT QUESTIONS 62 MANDATORY RECYCLING ORDINANCE 50 MOTOR BOATS & PERSONAL WATERCRAFT 32 NON-CRIMINAL DISPOSITION 33 PARKING AREAS FOR VEHICLES OF DISABLED VETERANS OR HANDICAPPED PERSONS 21 PERSONNEL BY-LAW 34 INDEX (CONT.) PAGE POLICIES, PROVISIONS, AND CONDITIONS OF EMPLOYMENT 39 PROCUREMENT 46 PUBLIC SAFETY 20 PURCHASES BY BID 16 QUALIFICATIONS FOR TOWN MANAGER 8 RACING 26 REPEAL AND AMENDMENT 45 ROADSIDE MEMORIALS 64 SALARY PLAN 38 SCREENING COMMITTEE 48 SENIOR CITIZEN PROPERTY TAX WORK-OFF PROGRAM 60 SEWER CONNECTION 59 SOLICITORS 17 STREETS 22 TEMPORARY REPAIRS OF PRIVATE WAYS 23 TOWN CLERK/TAX COLLECTOR FEES 51 TOWN MEETINGS 1 TOWN OFFICERS 2 TRAILER BY-LAW 24 USE OF LAND AND BUILDINGS 25 WATER RESOURCE PROTECTION BY-LAW (Repealed) 27 WATER SUPPLY BY-LAW 54 WATER WITHDRAWAL 63 ZONING BY-LAWS 31 INDEX (CONT.) PAGE GENERAL LAWS ACCEPTED BY THE TOWN OF NORTON aa, bb, cc, dd, ee ACTS AND RESOLVES a, b, c, d, e TOWN MEETINGS 1. The Spring Annual Town Meeting to consider all articles on the warrant following Article 1, (ballot election of Town Officers) shall be held on the second Monday in May of every year. The Fall Annual Town Meeting shall be held no earlier than September 1 and no later than October 15 of every year. (AMENDED 10/8/2003 & APPROVED by A.G. 1/13/04) 2. The Board of Selectmen shall close the Annual Town Meeting Warrant at least 90 days prior to the Annual Town Meeting. The Board of Selectmen shall close the Fall Annual Town Meeting Warrant at least 45 days prior to the Fall Annual Town Meeting and shall forward a copy of that Warrant to the Chairman of the Finance Committee, the Moderator, and the Town Clerk within 20 days of its closing. (Amended, ATM 6/8/98 & Approved by the A.G. 9/28/98) 3. The Selectmen shall notify the voters of the Town of the date of the Spring and Fall Annual Town Meeting by causing attested copies of the Warrant of such meetings to be posted at Chartley Post Office, Norton Post Office, Trinitarian Church, Unitarian Church, Norton Library, and three other public places seven days prior to each such meeting. Voters shall be warned of any Special Town Meetings by the posting of Warrants in the same manner, except 14 days prior to such Special Meeting. (AMENDED 10/1/90 & APPROVED 2/27/91) 4. There shall be no quorum requirements for either Annual or Special Town Meetings. (AMENDED 1/22/90 &APPROVED 3/21/90) 5. The procedure and conduct of the business portion of all Town Meetings shall be governed by Town Meeting Time by Johnson, Trustmen and Wadsworth. (APPROVED 10/4/74) 6. The Moderator may take all votes requiring a two-thirds majority in the same manner in which he or she conducts the taking of a vote when a majority vote is required. The Moderator shall declare that the vote has passed by a two-thirds majority or unanimous vote. If seven voters question the Moderator's declaration of the vote, a counted vote shall then be taken. If fifteen of the voters present so request, the vote must be by ballot. (AMENDED & APPROVED 8/12/97) 7. Any article on which the Town Meeting takes no action shall be considered lost by unanimous voice vote. (APPROVED 3/11/80) 1 TOWN OFFICERS 1. The annual election of officers in the Town of Norton shall take place on the last Tuesday of April. (Amended 6/2/03 (APPROVED BY A.G. 9/4/03) 2. a. The Selectmen may grant licenses to such persons as to them may appear proper and suitable to be junk collectors to collect by purchase or otherwise junk, old metals and second hand articles from place to place within the town of Norton and they may prescribe that such persons may conspicuously display badges on their person or signs upon their vehicles or both when engaged in collecting, transporting or dealing in junk, old metal or second hand articles and may prescribe the design thereon. The Selectmen may prescribe the terms upon which such licenses may be granted. b. Such licenses shall continue in force for one year from the date of their issue and may be revoked at any time by the Selectmen. The holders of such licenses shall be subject to all provisions of law relating thereto. c. Any place, vehicle, or receptacle used for the collecting, keeping of the aforesaid and all articles of merchandise therein may be examined at all times by the Selectmen, Police Officers, or by any persons authorized by them to do so. All scales, weights or measures used in their business by such collectors of junk shall be tested and sealed by the Sealer of Weights and Measures of said town. (APPROVED 3/24/30) 3. The Selectmen shall have authority to prosecute, defend or to otherwise settle all claims, suits or controversies to which the Town is party and to employ legal counsel if they deem such action necessary. (APPROVED 3/24/30) 4. All boards of officers of the Town shall cause records of their doings and accounts to be kept in suitable books which shall be kept in their respective offices when in use and in the town vault when not in use. 5. The Selectmen shall have the power and may from time to time sell, after first giving notice of the time and place of sale, property taken by the he town under tax title procedures provided that the Selectmen or whomsoever they may authorize to hold such public auction may reject any bid that they deem inadequate. (APPROVED 6/6/40) 6. The Town Clerk shall maintain a complete and up-to-date copy of the Town By- Laws which shall be available to the public, and shall compile such by-laws and shall assign to them appropriate headings and number them sequentially under such headings. (AMENDED 5/2/88 & APPROVED 8/30/88) 2. TOWN OFFICERS (CONT.) 7. A copy of any report or study produced by a consultant and paid for with town funds shall be filed with the Town Clerk immediately upon its completion and shall be kept as a permanent town record. A second copy shall be retained by the town library for public use. (APPROVED 9/4/74) 8. All Town owned vehicles shall be marked with the appropriate Town Department. "Unmarked" police vehicles shall be exempt from the provisions of this by-law. (Voted 5/2/88) (APPROVED 8/30/88) 3 CAPITAL IMPROVEMENTS (APPROVED 7/19/78) 1. A major expense shall be defined to include any item or project which exceeds the cost of $10,000.00. (AMENDED 10/20/04) (APPROVED 12/9/04) 2. A non-recurring expense shall not include personnel or salary expenses nor shall a non-recurring expense include that which would normally be considered an annual, operating budget expense. In this regard, police, fire, and highway equipment which is replaced annually shall not be considered a Capital Expenditure. Equipment replacements made less frequently or for the first time shall be considered capital expenditure. 3. Department and Committee heads shall be required to submit complete inventories and requests to the Capital Improvement Committee annually. The Capital Improvement Committee shall consist of one member of the Finance Committee; one member of the Board of Selectmen; one member of the School Committee, and one member of the Planning Board, each of whom shall be designated by their respective board or committee no later than October 15 of each year. In addition, the Town Manager shall serve on the committee. The names of the committee members shall be submitted to the Town Manager no later than October 15. The Town Manager shall call and convene the initial meeting no later than the first week of November. (AMENDED 10/20/04) (APPROVED 12/9/04) 4. The Capital Improvement Committee shall review all Department and Committee inventories and requests and shall prepare a five year Capital Improvements Program, to include a reasonable scheduling of capital expenditures of the period. The program and recommendations shall be submitted to the Town Manager no later than December 15th. 5. The Capital Improvements Committee shall annually revise the five year Capital Improvements Program and shall also prepare a Capital Improvements Budget recommendation. The revisions and recommendations shall be submitted to the Town Manager at least 180 days prior to the start of the fiscal year. (AMENDED 10/1/90) (APPROVED 2/27/91) 6. The purchase of all capital items which are considered non-recurring expenses under Section 2 of this by-law and whose value exceeds $10,000.00 must first be submitted to the Capital Improvements Committee for its review. The Committee shall have twenty days to review the proposal and make its recommendations, after which time the department submitting the request may proceed with the purchase. (AMENDED 10/20/04) (APPROVED 12/9/04) CAPITAL IMPROVEMENTS FUND There is hereby established as a separate account in the Treasury a Capital Improvements Fund. Monies may be appropriated into the Capital Improvements Fund by a majority vote of any Town Meeting and said monies shall be kept segregated from other funds. The Capital Improvements Fund may be appropriated at any Town Meeting by a two-thirds vote for any purpose for which the Town would be authorized to borrow money under Section 7 and 8 of M.G.L. Chapter 44. (AMENDED 1/13/92) (APPROVED 2/21/92) 4 COMMUNICATION 1. TITLE: This by-law shall be known as the Norton Communication Commission By-Law. The operation of the Emergency Communication Center shall be under the control the Town Manager. The Communications Supervisor shall be responsible for overseeing the day-to-day operation of the Center. Both the Police Chief and the Fire Chief shall service in an advisory capacity as to the policies and procedures used in the operation of the Center. (AMENDED 6/9/97) (APPROVED 8/12/97) 5 CONSERVATION CONSERVATION PLAN AND ADMINISTRATIVE REVIEW FEE SCHEDULE: The Norton Conservation Commission as a duly established Commission in accordance to Massachusetts General Law Chapter 40, Section 8C, and holding the responsibility to interpret, review and enforce the Wetland's Protection Act, Massachusetts General Law Chapter 131, Section 40, as amended, and issue permits under said Act and identify the Town of Norton's wetlands in accordance to Norton's Zoning By-Laws, Article 6.4 shall establish a reasonable PLAN REVIEW AND ONSITE INSPECTION FEE schedule. (ADOPTED 5/19/86) (APPROVED 10/3/86) 6 COUNCIL ON AGING 1. The Board of Selectmen shall appoint a Council on Aging for the purpose of carrying out or coordinating programs designed to meet the problems of the aging in cooperation with the programs of the Commission on Aging established under Chapter 6, Section 73 of the General Laws. 2. The Board of Selectmen shall appoint the Council on Aging consisting of nine members. Upon acceptance of the By-Law, the Board shall appoint three members for three years, three members for two years, and three members for one-year terms. Members may be appointed for recurrent terms. The members of the Council shall serve without compensation. 3. Whenever a vacancy shall occur in the membership of the Council, by reason of death, resignation, inability to act or for any other reason, the vacancy shall be filled by appointment by the Selectmen for the remainder of the term. 4. The Council on Aging at its first annual meeting and thereafter, in April of each year, shall elect from its membership a President, 2nd Vice President, Secretary and Treasurer. Each officer shall hold office until the next annual election. In the event a vacancy occurs in any of the offices above, the Council shall hold a special meeting for the purpose of electing one of its members to fill such vacancy. 5. The Council shall prepare and submit annual reports of its activities to the Town and shall send a copy thereof to the Commission on Aging. (APPROVED 7/24/72) ATM 3/6/72 – Article 23 By Law adopted in accordance with the provisions of Chapter 40, Section 8B of the General Laws. 7 QUALIFICATIONS FOR TOWN MANAGER 1. The Town Manager shall, in addition to the qualifications as stated in Article 4, Section 4-1 of the Town Charter, have at least an earned bachelor's level degree from a recognized accredited college or university or shall have served a minimum of five years as chief administrative officer of city or town. (VOTED 10/1/90) (APPROVED 2/27/91) 8 FINANCE COMMITTEE 1. The Town shall have a committee called the Finance Committee, which shall consider any and all municipal questions for the purpose of making reports or recommendations thereon to the Town. 2. Such committee shall consist of 11 registered voters of the Town. No member of the Committee shall be a town officer nor shall he serve on any other board, committee or commission, of the Town or any subcommittee appointed by any other Town Official, board, committee or commission, except that he may serve on special committees which may be related from time to time by vote of the town meeting when such vote expressly authorizes him to serve. 3. Each member of the committee shall be appointed by the Moderator to serve for a term of three years. The term of four (then four, then three) of the members of the committee shall expire each year on the thirtieth day of June. The Moderator shall appoint a successor for any member of the committee whose term expires that year and shall, after any vacancy occurs in the committee, appoint a successor to fill that vacancy for the unexpired term of his predecessor. 4. The Finance Committee shall, as soon as possible after the annual appointment of new members to the committee has been made, meet for the purpose of re-organization. They shall elect from their membership a Chairman, and Vice-Chairman, who shall hold office until their successors are elected. 5. The committee may from time to time make such rules and regulations with reference to their meetings and the conduct of their work as they may deem best for the interests of the Town. 6. The Finance Committee shall report in print its recommendations as to each article in the Warrant for each session of the Annual Town Meeting. The recommendations shall be those of the majority of the Committee. Copies of the warrant together with the Finance Committee's recommendations shall be made available to the public at the Norton Public Library, Norton Municipal Center, all the Fire Stations and any other public location deemed appropriate, at least seven (7) days prior to the commencement of both the spring and fall session of the Annual Town Meeting. At the discretion of the Finance Committee a copy of the Warrant along with the Finance Committee's recommendations may also be published in a local newspaper. Copies of the Warrant together with the Finance Committee's recommendations shall also be made available for distribution at each session of the Annual Town Meeting. (AMENDED 10/1/90) (APPROVED 2/27/91) 9 BOARD OF HEALTH 1. There shall be a Board of Health consisting of three members appointed by the Board of Selectmen. Upon approval of this By-Law, one member shall be appointed for a term of one year, one member for a term of two years, and one member for a term of three years. All subsequent terms shall be for three years. All terms shall run from July 1st to June 30th of the appropriate years. All appointments shall be made in June of each year. 2. One member must have at least three years experience in a medical or health-related field. One member must have at least three years experience in an engineering, environmental, or solid waste/wastewater management. One member shall be appointed from the community at large, and shall be a person who has demonstrated interest, willingness to serve, and some knowledge of the duties and responsibilities. 3. No Town Official, appointed or elected, shall be eligible to serve on the Board of Health. No member of any standing Town Board or Committee, including the Norton Housing Authority or similar quasi-local Board, shall be eligible for appointment. 4. The Board of Health shall enjoy the full privileges provided for under State and local laws. They shall have the responsibility of preparing yearly budgets and shall appoint an agent or agents as necessary, subject to funding. 5. If any portion of this By-Law is declared invalid for any reason, all other portions shall continue in full force and effect. (VOTED 5/19/84) (APPROVED 11/6/84) 10 HISTORIC DISTRICT BY-LAW 1. This by-law shall be known as the Norton Historic District By-Law and is adopted pursuant to Chapter 40 C of the General Laws of the Commonwealth of Massachusetts as amended. 2. The purpose of this by-law is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of the Town of Norton or their architecture, and through the maintenance and improvement of settings for such buildings and places and the encouragement of design compatible therewith. 3. Historic District - There is hereby established under the provisions of Chapter 40C of the General Laws as amended an historic district to be known as the Norton Center Historic District which shall be bounded as verbally described in the Final Report of the Norton Historic District Study Committee dated April 1975, filed with the Board of Selectmen and the Town Clerk and as shown on a plan affixed to said Final Report and entitled Proposed Norton Historic District, compiled from assessors maps sheets 17 and 23. Said description and said plan shall be part of this by-law. A. Membership - There is hereby established under Chapter 40C of the General Laws an Historic District Commission consisting of seven members and two alternate members, appointed by the Board of Selectmen, including one member form two nominees submitted by the Norton Historical Society, one member from two nominees submitted by the chapter of the American Institute of Architects covering Norton, one member from two nominees submitted by the Board of Realtors cover Norton, and at least one resident of the district. The Commission shall also include one member nominated by any landowner owning more than one-third of the land area contained within the District. The members chosen from nominees made by the American Institute of Architects and Board of Realtors need not be residents of the Town. B. Terms of Office - When the Commission is first established, two members and one alternate shall be appointed for a term of one year, two members and one alternate for a term of two years, and three members for a term of three years. C. Vacancies - Shall be filled within 60 days by the Board of Selectmen by appointment for the unexpired term. D. All members and alternate members shall serve without compensation. 4. The Historic District Commission shall have all the powers and duties of Historic District Commissions as provided by the Historic District Act, General Laws, Chapter 40C, and of subsequent amendments thereto unless specifically limited by the by-law. A. Rules and Regulations - The Commission may adopt rules and regulations not inconsistent with the provisions of the Historic Districts Act. B. Expenditures - The Commission may, subject to appropriation, employ clerical and technical assistants or consultants and incur other expenses appropriate to the carrying on of its work provided that the Town appropriate funds for these purposes. 11. HISTORIC DISTRICT BY-LAW (CONT.) C. General Regulatory Powers - The Commission shall have control over new construction, reconstructions, alterations, movements and demolitions of all exterior architectural features of buildings and structures within the Historic District which are visible from any public street, public way or public park within the Historic District except as limited by this By-Law. The term structure includes stone wall, fences, driveways, walks, terraces, steps, paving, signs, lights and appurtenant fixtures on lots, buildings or structures. For purposes of this By-Law, any structure partially within the district shall be considered wholly within the district. The Commission may also administer for the Town any properties which the Town may vote to place in its care, and may be assigned other related powers by vote of the Town. D. Considerations - In passing on matters before it, the Commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure, the general design arrangement of the features involved, and the relation of such features to similar features of buildings and structures in the surrounding area. In the case of new construction or additions to existing buildings or structures, the Commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the Commission may, in appropriate cases, impose dimensional and set back requirements in addition to those required by the applicable zoning By-Law. E. Waiver of Review - The Commission may determine from time to time after public hearing that certain categories of exterior architectural feature, structures or signs may be constructed or altered without review by the Commission. The Commission may, after public hearing, set forth the various designs of certain appurtenances, such as light fixtures, which will meet the requirements of an historic district but no such determination shall limit the right of an applicant to present other designs to the Commission for its approval. 5. Limitations A. The Historic Distract Commission shall not make any recommendation or requirement with regard to new construction, reconstructions or additions except for the purpose of preventing developments incongruous to the historic aspects or architectural characteristics of the surroundings and of the historic district. B. The reconstruction, substantially similar in exterior design, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due diligence, shall be exempt from the control of the Historic District Commission. 6. Procedures - The Commission shall conduct all of its business and execute all of its duties in accordance with the General Laws, Chapter, Chapter 40C, Sections 1-17, as amended. 12 HISTORIC DISTRICT BY-LAW (Cont.) 7. Copies of Permits - The Building Inspector and the Planning Board shall be responsible for passing on to the Historic District Commission copies of all requests for permits for exterior construction or reconstruction involving buildings or land located within the Historic District. 8. Severability - In the event that any section, paragraph or part of this by-law is for any reason declared invalid or unconstitutional, every other section, paragraph or part shall continue in full force and effect. 9. Effective Date - Following Town Meeting approval, this by-law takes effect immediately when the following conditions have been met: A. Approval by the Attorney General of the Commonwealth. B. Filing of map of the boundaries of the Historic District with the Norton Town Clerk, the Norton Building Inspector, and the Registry of Deeds, Taunton, Massachusetts. (APPROVED 10/7/75) 13 GENERAL 1. No person shall behave in an indecent or disorderly manner or use profane, indecent or insulting language in any public place or on any sidewalk or street in the Town. (APPROVED 3/24/30) 2. Rubbish of any description shall not be dumped within one hundred feet of a public highway, except upon such a lot or lots as may be designated by the Board of Health as a public dumping place. Any person violating the provisions of the by-law shall be punished by a fine for each offense. (APPROVED 3/30/36) 3. No person shall use or consume, or attempt to use or consume, any alcoholic beverage, wine or malt liquor, as defined in Chapter 138, Section 1 of Massachusetts General Laws in or upon any public place or place to which the public has a right of access or licensees, including but not limited to all public ways, roads, sidewalks, parking lots, parks and commons, cemeteries, municipal buildings, schools and the grounds and athletic fields appurtenant thereto, and which shall include any motor vehicle or bicycle when parked or moving upon any of the aforementioned places or locations. Nothing herein shall be construed to prohibit the duly licensed use and consumption of said liquors as provided by law, or the use and consumption of said liquors in or upon private property or dwellings as may be permitted by law or the use and consumption of said liquors upon premises under the jurisdiction of the Park and Recreation Commission after obtaining express permission from the Commission for such purpose, and any applicable license therefor under said Chapter 138 of the General Laws. (AMENDED 6/9/97) (APPROVED 8/12/97) 4. No person shall enter in or remain in any public park, common, cemetery, or any other town owned property between the hours of 10:00 p.m. and 7:00 a.m. on any day except for the express purpose of using said property for its intended design. (APPROVED 9/19/77) (AMENDED 9/25/00/APPROVED 1/5/01) 14 FISCAL TOWN REPORT 1. The Selectmen shall print the Annual Town Report for the period beginning July 1 and ending the following June 30th of each fiscal year, said report to be completed not later than fourteen (14) days prior to the Spring Annual Town Meeting. (VOTED ATM 10/15/07, APPROVED BY ATTY. GENERAL 10/25/07) 2. The Annual Town Report shall contain a listing of salaries, wages and total compensation paid to all town employees and/or officers during the fiscal year covered by said report. (APPROVED 3/11/80) 15 PURCHASES BY BID (APPROVED 2/12/85) REPEALED.6/9/97 - APPROVED 8/12/97 Follow procedures set forth in Chapter 30B of General Laws. (APPROVED 6/11/97) 16 SOLICITORS No solicitation or offer to buy or sell any foods, items or services shall be made at any household without a permit. Such a permit may be issued to any reputable person by the Police Department upon payment of ten dollars, said permit to be effective for the calendar year of its issue. Solicitors for non- profit charitable and religious organizations shall be exempt from paying any fee for such permit. This by-law shall not apply to persons who are otherwise licensed to perform their trade or business, or to students in connection with any enterprise related to their school system. (AMENDED MAY “88” & APPROVED 8/30/88) 17 DOG CONTROL Under the Dog Control By-Law all citizens have a responsibility to see that dog owners are accountable for the actions of their dogs. In establishing this by-law, the Town of Norton recognizes that the right of dog ownership carries with it the responsibility to provide adequate control to insure that no dog is a danger or a nuisance. 1. The annual fee for every dog license shall be established by Town Meeting. All fees shall be retained by the Town Treasurer in the Reserve Appropriation for Norton Dog System established under Article 16 of the Special Town Meeting of May 21, 1986. No fee shall be charged for a license for a dog specially trained to serve a blind or deaf person provided that the division of the blind or deaf certify that such a dog is so trained and actually in the services of a blind or deaf person. No license fee or part thereof shall be refunded because of the subsequent death, loss, altering, or removal from the Commonwealth or other disposal of the dog. (Amended 6/2/03) (Approved by A.G. 9/4/03) 2. No person shall own or keep a dog in the Town which by biting, excessive barking, howling, or in any other manner disturb the quiet of the public. 3. COMPLAINT OF NUISANCE: If any person shall make a complaint in writing to the Dog Officer that any dog owned or harbored within his jurisdiction is a nuisance by reason of vicious disposition or excessive barking or other disturbance, the Dog Officer shall investigate such complaint and submit a written report to the Selectmen of his findings and recommendations, together with the written complaint. Upon receipt of such report and examination of the complaint under oath, the Selectmen may make such order concerning the restraint, muzzling, or disposal of such dog as may be deemed necessary by the Dog Officer who, after investigation, may issue an interim order such dog be restrained or muzzled for a period not to exceed 14 days to enable the Selectmen to issue their order following receipt of the report of the Dog Officer. If the Selectmen fail to act during the period of the interim order, upon expiration of the period the interim order automatically is vacated. 4. The Dog Officer may restrain or muzzle, or issue an interim order to restrain or muzzle, for a period not to exceed fourteen days, any dog for any of the following reasons: A. For having bitten any person. B. If found at large or unmuzzled, as the case may be, while an order for the restraint of such dog is in effect. C. If found in a school, schoolyard or public recreational area. D. For having killed or maimed or otherwise damaged any other domesticated animal. E. For chasing any vehicle upon any public way or way open to public travel in the Town. F. For any violation of Section 2. 18 DOG CONTROL (Cont.) Upon restraining or muzzling, or issuing an interim order to restrain or muzzle, the Dog Officer shall submit in writing to the Selectmen a report of his action and the reasons thereof. Upon receipt of such report the Selectmen may make such order concerning the restraint, muzzling or disposal of such dog as may be deemed necessary. If the Selectmen fail to act upon the report during the period the dog is restrained or muzzled, upon expiration of the period, the interim order is automatically vacated. 5. APPEAL OF RESTRAINT OR MUZZLING: The owner or keeper of any dog that has been ordered to be restrained or muzzled or has been restrained under this By-Law, may file a written request with the Dog Officer that the restraining order be vacated or that the dog be released. After investigation by the Dog Officer, such officer may vacate such order or release such dog if the order or restraint was imposed by him. If the order was imposed by the Selectmen, the Dog Officer shall submit a written report of his investigation with his recommendations to the Selectmen who may vacate such order. 6. Any owner or keeper of a dog who shall fail to comply with any order of the Dog Officer or Selectmen issued pursuant to this By-Law shall be punished by a fine. (APPROVED 10/29/73) 7. No owner or keeper of any dog shall cause or permit such dog, whether licensed or unlicensed, to run at large or to be a public nuisance within the Town of Norton or permitted to wander at will on public or private property other than the premises of the said owner of keeper or the premises of another person with knowledge and permission of such other person (APPROVED 9/19/77) 8. No owner or keeper shall cause or permit any dog to run at large within the Town. While on any public way or place, dogs shall be under restraint by the owner or keeper. A dog is under restraint within the meaning of the By-Law if he is controlled by a leash or at heel beside a competent person and obedient to the commands of that person or on or within a vehicle being driven or parked on the street. Dogs running at large will be caught and confined and the owner notified. Owners or keepers in violation of this section will be liable to a fine or not less than ten dollars for each violation. (AMENDED 5/88 & APPROVED 8/30/88) 9. Should any owner or keeper of a dog fail to license that dog before March 1st, that owner or keeper shall pay a late fee of five dollars plus an additional fee of one dollar per month beginning March 1, before obtaining said license, excepting a dog brought into the Town as provided in Section 138 of Chapter 140, Massachusetts General laws, this late fee shall be applicable from the 61st day after arrival of such dog. Any person maintaining a kennel in the Town of Norton, who fails to license as proscribed by this section and the Laws of the Commonwealth, shall pay a late fee of ten dollars plus an additional fee of two dollars per month beginning March 1. All late fees shall be retained by the Town Treasurer in the Reserve Appropriation for Norton Dog System established under Article 16 of the Special Town Meeting of May 21, 1986. (AMENDED 1/19/11 & APPROVED 2/10/11) 10. The annual dog license period shall run from January 1st to December 31st, inclusive, of each calendar year. (APPROVED 1/19/2011) 19 PUBLIC SAFETY 1. PUBLIC SAFETY REGULATION: It shall be unlawful to obstruct or block a private way with a vehicle or any other means so as to prevent access by fire apparatus, fire equipment, ambulance service or police cruisers to any multiple building, stores, shopping centers, schools, and places of public assembly. 2. PUBLIC SAFETY LANES: It shall be unlawful to obstruct or park a vehicle in any Public Safety Lane, such Public Safety Lanes to be designated by the Chief of the Fire Department and the Chief of the Police Department. Said Public Safety Lanes to be a distance of twelve (12) feet from the curbing of a side walk in a shopping center, apartment complexes and similar locations. Where no sidewalk with curbing exists, the distance and location shall be established by the Chief of the Fire Department and the Chief of the Police Department and posted as such. 3. Any object of vehicle obstructing or blocking any Public Safety Lane or private way may be removed or towed by the Town under the direction of a Police Official with the rank of Sergeant or higher at the expense of the owner and without liability to the Town of Norton. 4. The owner of record of any building affected by these sections shall provide and install signs and road markings as provided in Paragraph B of this section. Said signs shall be no less than 12" x 18" and shall read "Public Safety Lane - No Parking - Tow Zone." 5. Any person violating any of the foregoing sections may, for each offense, be punished by a fine of Twenty-five ($25.00) dollars. Each day that such violation continues shall constitute a separate offense. (VOTED ATM 5/14/85, ARTICLE 9. APPROVED BY ATT'Y GENERAL 8/19/85) 20 PARKING AREAS FOR VEHICLES OF DISABLED VETERANS OR HANDICAPPED PERSONS 1. Owners or persons in control of private ways or improved or enclosed property used as off-street parking areas for businesses, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, or other places where the public has a right of access shall reserve parking areas for any vehicle owned and operated by a disabled veteran or handicapped person whose vehicle bears the distinguishing license plate authorized by Massachusetts General Law, C. 90, S.2, in accordance with the provisions of Massachusetts General Law, C.40, S.21(23) 2. No person other than a disabled veteran or handicapped person shall park or leave a vehicle unattended within parking spaces designated as reserved for vehicles owned and operated by disabled veterans or handicapped persons as authorized by MGL C.40, S.21 (23) or in such manner as to obstruct a curb ramp designed for use by handicapped persons as a means of egress to a street or public way. 3. The penalty for violation of this article shall be as follows: For the first offense, fifty dollars ($50.00); for the second offense, one hundred dollars ($100.00); for each subsequent offense the vehicle may be removed in accordance with Massachusetts General Laws, C.266, S120D. (VOTED ATM 10/11/89, Article 3, APPROVED BY ATT'Y GEN. 11/9/89) 21 STREETS 1. The superintendent of streets or other officer having charge of ways may, for the purpose of removing snow or ice, remove or cause to be removed to some convenient place including a public garage, any vehicle parked on town streets or ways which interfere with such work and may impose liability for such removal and storage upon the owner of such vehicle. (APPROVED 11/9/59) 2. Any person intending to erect, repair or take down any building on land abutting on any public way of the town and who desires to use any portion of said way for rubbish or building material must first obtain written permission from the Board of Selectmen. Such permit shall be on the condition that the licensee shall first: Keep a sufficient number of lighted lanterns between sunset and sunrise at or near part of such way obstructed or unsafe; second: shall keep a railing or guard around the same while such obstruction shall continue; third: restore the way to its former condition and, fourth: execute an agreement to indemnify the town against all damages arising from the existence of such obstruction. (APPROVED 3/24/30) 3. No person shall suffer any wood or coal or any cart or wagon or other impediment to remain within the limits of a street or upon any sidewalk so as to in any manner obstruct the travel thereon or for more than twenty four hours after he has been notified by the Selectmen or by any officer having charge of the highways or by any constable or police officer to remove the same. (APPROVED 3/24/30) 4. No person shall throw, pipe, or otherwise deposit in any manner, or allow to be dropped from any vehicle upon any public way, place, or square in the Town, any article, substance or material, including snow and water, which may cause or create a hazardous condition in such public way, place or square. (AMENDED 6/9/97 & APPROVED 8/12/97) 5. No person shall distribute papers, circulars, or advertising matter through the public streets or public places of the town in such a manner as to make a litter. (APPROVED 3/24/30) 6. No person shall stand, obstruct or loiter on any sidewalk or public way in such a manner as to interfere with a free passage for pedestrians or motor vehicles. (APPROVED 1/20/75) (VOTED 6/11/97) (APPROVED 8/12/97) 22 TEMPORARY REPAIRS OF PRIVATE WAYS 1. Notwithstanding the provisions of any general or special law to the contrary, the Town of Norton is hereby authorized to make temporary repairs on private ways within its corporate and municipal limits which have been open to public use for six years or more and in such cases the provisions of section twenty-five or chapter eighty-four of the General Laws shall not apply. 2. After a vote by a town meeting of the Town of Norton, pursuant to petition by at least two-thirds of the abutters thereon, that conditions exist on a private way which require temporary repairs by public necessity, the superintendent of streets of said town shall cause the temporary repairs to be made. Said temporary repairs shall include only the filling in of holes or depressions with sand, gravel, cinders or other suitable materials in order to make said way passable, and shall not include construction, reconstruction, or resurfacing of said ways. Drainage shall not be included Betterment charges shall not be assessed. Said town shall have no liability in tort on account of the performance by such repairs. In no event shall temporary repairs be made to any private way where the cost of said repairs shall exceed the sum of three dollars per linear foot as delineated by the superintendent of streets of said town. 3. The Town of Norton is hereby authorized to appropriate money for the purposes of this act. (AMENDED 5/19/86, APPROVED 10/3/86) 23 TRAILER BY-LAW 1. OUTSIDE OF TRAILER PARK - In areas external to an approved trailer park, house trailers shall be used or parked only as provided below. a. The Board of Health may grant a permit for a house trailer to be used and parked on private property as a residence. Such property shall be considered to include occupied dwelling lots. The permit shall be granted for a period not to exceed 30 days in any one year. The Board of Health may extend the permit for an additional 30-day period if requested to do so. Water supply and sewage disposal facilities for such a trailer must be approved by the Board of Health. b. The Board of Health may grant a permit for a house trailer to be parked and used for a residence while a house is being constructed on the same premises. Such a permit shall be valid for one year, but it may be extended by the Board of Health for one year additional if the Board is satisfied that construction is being carried forth in good faith. If the construction ceases to be carried forth in good faith, the Board shall revoke the permit. The sewage facilities to be provided for such a trailer shall be the same as the facilities required by the Board of Health for a dwelling. c. An unoccupied and unused house trailer may be parked on private property. (APPROVED 4/7/58) 2. The maximum number of outstanding trailer park or mobile home park licenses issued under Chapter 140 of the General Laws shall not at any time exceed the number of said licenses issued by the Board of Health, and in conformity with the applicable Zoning By-Laws as of December 11, 1972. (APPROVED 3/5/73) 24 USE OF LAND AND BUILDINGS 1. All buildings on or near the line of public or private ways within the Town shall be numbered by the Planning Board, said numbers to be not less than two inches in height to be placed upon the building or appurtenances thereto by the owner or occupant thereof and to be so placed as to be visible from the street or way. 2. All Warrant Articles involving Real property, whether zoning or otherwise, shall, where practical, include the street name and/or location, as well as the assessors map, parcel and lot number. (AMENDED – May “88” & APPROVED 8/30/88) 25 RACING The racing of any kind, namely, by means of motor vehicles or go-carts, is prohibited within the boundaries or borders of the Town of Norton. (APPROVED 7/17/61) 26 WATER RESOURCE PROTECTION BY-LAW (Voted to Repeal – ATM 6/8/98) 1. PURPOSE A. A Water Resource Protection District is hereby established within the Town of Norton as shown on a map entitled "Water Resource Protection District", dated December, 1980, and to a scale of 1 inch to 2,000 feet on file in the office of the Town Clerk. Said district is hereby made a part of the Norton Zoning Map adopted April 16, 1974, amended June 26, 1978. B. The purpose of this by-law is to protect the public health by establishing performance standards which all govern activities potentially affecting groundwater in the Water Resource Protection District. 2. APPLICABILITY A. The by-law shall apply to land within the Water Resource Protection District as delineated in the zoning by-law of Norton. B. All changes in land use, expansion of existing facilities, changes of drainage, wastewater disposal, logging, earth moving, application of herbicides, pesticides and fertilizers, storage and handling of hazardous materials are regulated by this by-law. C. Existing uses shall be brought into conformity no later than July 1, 1984. 3. ADMINISTRATION AUTHORITY Before a building permit may be issued in the case of new construction, or before any change of use of any parcel of land within the district, a certificate of compliance shall be obtained from the Board of Water Commissioners in accordance with this by-law. A. The Board of Health shall require compliance with the applicable performance standards in this by-law in issuing permits to repair, enlarge or construct sewage disposal systems. B. A. Certificate of Water Quality Compliance shall be required for all existing uses before July 1984. The Board of Water Commissioners shall issue the certificate for existing uses in compliance with the Performance Standards in this by-law and shall inform applicants not in compliance of what requirements must be met. A certificate shall not be required for wood lots, uncultivated land and single family dwellings. 4. PERFORMANCE STANDARDS A. To limit sewage flow and fertilizer applications to amounts which will be adequately diluted by natural recharge all uses shall meet the following performance standards: 1. The concentration of nitrate nitrogen resulting from domestic wastewater treatment disposal and from fertilizer application shall not exceed the acceptable prescribed rate as established by the U.S. Environmental Agency and D.E.Q.E. (Repealed, ATM (6/8/98) 27 WATER RESOURCE PROTECTION BY-LAW (Cont.) (Voted to Repeal – ATM 6/8/98) 2. Compliance with this standard is presumed with a sewage flow as determined by Title 5 of the State Environmental Code (310 C.M.R. 15.00) not exceeding 110 gallons per day per 10,000 sq. ft. of lot area for seven days and less than 25% of the lot area receiving fertilizer. 3. Compliance with this standard shall otherwise be certified by a Registered Professional Engineer in sanitary or Civil Engineering based on the provision for advanced wastewater treatment or demonstration of average daily flows or wastewater nitrogen concentrations other than those assumed. B. To prevent groundwater contamination from toxic and hazardous substances, all use, handling, and disposal of such substances shall meet the performance standards outlined in this section. Toxic and hazardous substances include any substance, solution or mixture thereof which because of its quality, concentration, physical, chemical, or infectious characteristics may present a potential hazard to human health when introduced into a drinking water supply, except sanitary wastewater from hygiene and food preparation for residents, employees, and patrons. This includes, but is not limited to the list of hazardous substances found in Parts 116 and 261 Title 40 of the Code of Federal Regulations, the list of Toxic Substances found in Section 307 of the Federal Clean Water Act of 1977, chemical constituents specified in Tables C and E of the Drinking Water Regulations of Massachusetts in concentrations greater than drinking water limits, acids and alkalies beyond the pH range of 5.5 - 8.5, heavy metal wastes and solutions, petroleum products including fuels and waste oils, organic solvents forming a toxic or hazardous materials or liquid. 1. All toxic and hazardous substances shall be stored in product tight containers protected from corrosion, accidental damage or vandalism, and shall be used and handled in such a way to prevent spillage into the ground or surface waters. A product inventory shall be maintained and reconciled with purchase, use, sales and disposal records at sufficient intervals to detect product loss. Leak detection devices shall be "state of the art" and approved by the Board of Health in conjunction with the Board of Water Commissioners. New sub-surface fuel and chemical storage tanks and piping shall be installed in corrosion resistant materials approved by the Board of Health. 2. No toxic hazardous substances shall be present in wastes disposed on the site. Wastes composed in part of entirely hazardous substances shall be retained in product tight containers for removal and disposal by licensed disposal contractors or as directed by the Board of Health. 3. Contaminant levels in groundwater resulting from disposal of process wastes or from wastewater treatment and disposal systems greater than 15,000 gallons per day capacity shall not exceed those levels specified in tables C and E of the "Drinking Water Regulations of Massachusetts" (DEQE, June 15, 1977), after allowing for dilution by natural recharge on the premises. If higher levels of individual constituents in the groundwater shall not be exceeded. (Repealed, ATM (6/8/98) 28 WATER RESOURCE PROTECTION BY-LAW (Cont.) (Voted to Repeal – ATM 6/8/98) 4. Pesticides applied shall be registered by the U.S. Environmental Protection Agency and the Commonwealth of Massachusetts Department of Food and Agriculture. Individual household application shall be in accordance with those directions on those registered pesticides. C. To insure continued groundwater recharge, clearing, earth moving and paving shall meet the following Performance Standards. 1. Clearing and earth moving operations shall not cause siltation of recharge areas and streams. 2. Excavations other than temporary construction operations shall not lower the ground surface to within less than six (6) feet of the groundwater level as established by testing procedures under Title V of the State Environmental Code (310 C.M.R. 15.00) and the regulations of the Board of Health. 3. Runoff from impervious surfaces shall be directed to recharge the groundwater within the lot. Runoff from paved vehicular areas except single family residence drives shall first be treated with oil and sediment traps. 5. COMPLIANCE REVIEW A. The Board of Health and the Board of Water Commissioners shall specify the type of information required in order to review each application for a Disposal Permit or Certificate of Water Quality Compliance. The required information shall include but not be limited to the following: 1. A complete list of all chemicals, pesticides, fuels and other potentially hazardous substances to be used or stored on the premises in quantities greater than those associated with normal household use, accompanied by a description of measures to protect from vandalism, corrosion and leakage, and to provide for control of spills. 2. A description of potentially toxic or hazardous wastes to be generated, indicating storage and disposal methods. 3. Evidence of approval by Massachusetts Department of Environmental Quality Engineering of any industrial waste treatment or disposal system or any wastewater treatment system over 15,000 gallons per day capacity accompanied by analysis by a Professional Engineer in Sanitary or Civil Engineering, certifying compliance with all applicable performance standards. B. 1. The Board of Health and/or Board of Water Commissioners may require the installation of monitoring wells and analysis of groundwater samples at the applicant's expense. 2. The Board of Water Commissioners and/or the Board of Health shall require periodic testing and inspection of all subsurface fuel and chemical storage tanks. The frequency and type shall be specified in regulations by the Board of Health. (Repealed, ATM (6/8/98) 29 WATER RESOURCE PROTECTION BY-LAW (Cont.) C. The Board of Water Commissioners shall issue Certificates of Water Quality Compliance and the Board of Health shall issue Disposal Permits within 30 days of receipt of all required information providing such application for use or construction conforms to Section IV of this by-law. 6. ENFORCEMENT A. The agent for the Board of Water Commissioners shall be the enforcing agent for provisions of a Certificate of Water Quality Compliance. B. The enforcing agent may according to law enter upon any premises at any reasonable time to inspect for compliance with the provisions of this by-law. Information necessary to demonstrate compliance shall be submitted at the request of the enforcing officer. If requested, a sample of waste water disposed by on-site sewage disposal shall be provided the enforcing officer for testing. All records pertaining to waste disposal and removal shall be retained for no less than five years, and shall be made available for review by the enforcing officer within 48 hours of a request. C. Written notice of a violation shall be given by the enforcing agent specifying the nature of the violation and a time for compliance including cleanup of any spilled materials which is reasonable in relation to the public health hazard involved and the difficulty of compliance. D. Penalty for failure to comply with any provision of this by-law shall be $200.00 per day of violation. 7. SEVERABILITY If any provision hereof or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions hereof or applications thereof which can be given effect without the invalid provision or application. VOTED ATM JUNE 5, 1982, ARTICLE 13. APPROVED BY ATTY. GENERAL 8/19/85 VOTED TO REPEAL (ATM 6/8/98, Article 31) APPROVED BY ATTY. GENERAL 9/28/98 30 ZONING BY-LAWS Note: See publication "Norton Massachusetts Zoning By-Laws, April 16, 1974." GRAVEL REMOVAL Gravel Removal Ordinance, Amended - Notwithstanding any zoning or general by-law approved prior hereto, effective January 1, 1977 and in compliance with the Zoning By-Law pursuant to Chapter 808 of the Acts of 1975, neither the Town nor any board thereof shall issue any permit for the removal of loam, soil, ground, borrow or any other earth material except that the Board of Appeals shall upon proper application have the authority to extend any existing permit for a specific period to complete any said operation in process on the date of adoption hereof, and
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