[HISTORY: Adopted by the Town Meeting of the Town of North Reading as indicated in article histories. Amendments noted where applicable.]
ARTICLE I
Acceptance of Bylaws
[At the Town Meeting held on October 2, 2000, under Article 2, it was voted to accept the codification of the General By_Laws and Zoning By_Laws of the Town of North Reading as set forth as Part I and Part II of this Code. Article 2 was approved by the Attorney General on March 29, 2001.]
ARTICLE II
Use and Construction
[Adopted 11_22_1954 STM by Arts. 3, 4, 6 and
54 as Ch. 1, Secs. 1, 2 and 4, and Ch. 8 of
the 1954 General Bylaws, approved 2_25_1955]
~ 1_1. Repealer; exceptions; title; effect of bylaws.
A. The adoption of these by_laws by the Town shall have force and effect of repealing all presently existing by_laws and regulations heretofore adopted by the Town in derogation hereto, except Board of Health rules and regulations, Planning Board rules and regulations and traffic regulations adopted by the Board of Selectmen, and amendments thereof and additions thereto, provided that the repeal shall not apply to or affect any by_law, order, or article heretofore adopted accepting or adopting the provisions of any statute of the commonwealth.
B. These by_laws shall be known and referred to as "By_laws of the Town of North Reading."
C. These by_laws and the repeal of all by_laws or regulations heretofore in force shall not affect any act done, any right accrued or liability incurred, or in suit, prosecution, or proceeding pending at the time when these by_laws take effect, nor shall the repeal of any by_law or regulation thereby have effect of reviving any by_law or regulation previously repealed or suspended.
~ 1_2. Definitions. [Amended 10_30_1972 ATM by Art. 13, approved 10_11_1973]
In the enforcement of any by_law or Town department regulation, the following words and expressions shall, unless inconsistent with the manifest intent, be severally construed as follows:
A. PUBLIC WAY _ Public way shall include any highway, Town way, road, bridge, street, avenue, boulevard, roadway, parkway, lane, sidewalk, or square.
B. PUBLIC BUILDING _ Public building shall include all buildings belonging to or under the control of the Town.
C. PUBLIC PLACE _ Public place shall include all commons, parks, playgrounds, and public lands belonging to or under the control of the Town.
D. OWNER OR OCCUPANT _ Owner or occupant of a building or land shall include any sole owner or occupant and any joint tenant or tenant in common of the whole or any part of a building or lot of land.
E. JOINT AUTHORITY _ The words purporting to give joint authority to three (3) or more officers or other persons shall give such authority to a majority of such officers or persons.
F. PERSONS _ Persons shall include corporations, firms, organizations, associations and partnerships, or any other group acting as a unit, as well as a natural person.
G. SINGULAR AND PLURAL _ Words importing the singular shall include the plural; words importing the plural shall include the singular.
H. GENDER _ Words importing the masculine gender shall include the feminine and neuter genders.
I. APPOINTING AUTHORITY _ Appointing authority, as used in these by_laws, shall mean those persons so designated by statute, charter, or by_law.
J. DWELLING _ Dwelling shall mean any structure which is used for or designed for human habitation.
K. TOWN MEETING _ Town Meeting shall mean any legal public meeting to act on any and all business of the Town set forth in a warrant.
L. TOWN _ The words "The Town" shall mean the Town of North Reading in the County of Middlesex and Commonwealth of Massachusetts.
M. COMPUTATION OF TIME _ The time in which an act is to be done shall be computed by excluding the first and including the last day, and if the last day be Sunday or a legal holiday, that shall be excluded.
N. MONTH _ The word "month" shall mean a calendar month.
O. PRECEDING, FOLLOWING _ The words "preceding" and "following" mean next before and next after, respectively.
P. SESSION _ A session is the first gathering of the voters of the Town provided for by Section 2_4_1 of the Town Charter. [Added 10_8_1981 ATM by Art. 16, approved 3_2_1982]
Q. ADJOURNED SESSIONS _ Any subsequent gatherings of voters are considered "adjourned sessions." [Added 10_8_1981 ATM by Art. 16, approved 3_2_1982; amended 10_2_2000 ATM by Art. 3, approved 3_29_2001]
R. OTHER DEFINITIONS _ If the definition does not appear in the General By_laws, the meaning given in Webster's Unabridged Dictionary, Third Edition shall be used. [Added 10_8_1981 ATM by Art. 16, approved 3_2_1982]
~ 1_3. Severability. [Added 10_30_1972 ATM by Art. 13, approved 10_11_1973]
It is hereby declared to be the intention of the Town that wherever possible the sections, paragraphs, sentences, clauses, and phrases of these by_laws shall be considered severable, and if any phrase, clause, sentence, paragraph, or section of these by_laws shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of these by_laws, since the same would have been enacted without the incorporation in these by_laws of any such unconstitutional phrase, clause, sentence, paragraph, or section.
~ 1_4. Catchlines of sections. [Added 10_30_1972 ATM by Art. 13, approved 10_11_1973]
The catchlines of the several sections of these by_laws printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections nor as any part of that section nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.
~ 1_5. Violations and penalties. [Added 10_30_1972 ATM by Art. 13, approved 10_11_1973; amended 10_6_1980 ATM by Art. 6, approved 1_8_1981; 10_2_1989 ATM by Art. 9, approved 12_7_1989]
A. Criminal complaint. Whoever violates any provision of this general by_law may be penalized by indictment or on complaint brought in a district court of competent jurisdiction. Except as may be otherwise provided by law and as the district court may see fit to impose, the maximum penalty for each violation or offense brought in such manner shall be three hundred dollars ($300). Each day or portion of a day that any violation is allowed to continue shall constitute a separate offense.
B. Noncriminal disposition.
(1) Whoever violates any provision of these by_laws, the violation of which is subject to a specific penalty, may be penalized by a noncriminal disposition as provided in General Laws, Chapter 40, Section 21D. The noncriminal method of disposition may also be used for violations of any rule or regulation of any municipal officer, board, or department which is subject to a specific penalty.
(2) Noncriminal disposition of by_law or municipal rule and regulation violations. Any enforcing person or any official of the Town of North Reading taking cognizance of a violation of a specific by_law, rule, or regulation which he is empowered to enforce, as an alternative to initiating criminal proceedings, may proceed pursuant to the provisions of Massachusetts General Laws Chapter 40, Section 21D to prosecute the alleged violation civilly.
(3) Without intending to limit the generality of the foregoing, it is the intention of this provision that the following by_laws and sections of by_laws are to be included within the scope of this subsection, that the specific penalties as listed here shall apply in such cases, and that, in addition to police officers, who shall, in all cases, be considered enforcing persons for the purpose of this provision, the municipal personnel listed for each section, if any, shall also be enforcing persons for such sections. Each day or portion of a day that any violation is allowed to continue shall constitute a separate offense.
General By_Laws
[Amended 10_1_1990 ATM by Art. 15, approved 12_18_1990; 4_30_1992 ATM by Art. 21, approved 8_6_1992; 10_7_1993 ATM by Art. 3, approved 12_9_1993; 10_5_1998 ATM by Art. 12, approved 1_27_1999; 10_2_2000 ATM by Art. 3, approved 3_29_2001]
Chapter 11, Alarm Systems
Article I, Fire or Medical Aid Alarms
Fire Chief
1st offense: $50
2nd offense: $100
3rd and subsequent offenses: $200
Article II, Alarms to Police Department
$50 per day __ any violation
Chapter 14, Alcoholic Beverages
$50 each offense
Chapter 23, Animals
Article I, Dogs
~ 23_3, Vaccination
Animal Control Officer
$50 each offense
~ 23_9, Penalty
Animal Control Officer
1st offense: $25
2nd and subsequent offenses: $50
~ 23_10, Leash Law
Animal Control Officer
1st offense: warning
2nd offense: $25
Subsequent offenses: $50
~ 23_12, Removal and disposal of waste
1st offense: written warning
2nd offense: $25
Subsequent offenses: $50
Chapter 31, Buildings, Numbering of
Inspector of Buildings
1st offense: warning
2nd and subsequent offenses: $50
Chapter 62, Excavations
~ 62_1, Safety measures required
Building Inspector
1st offense: $50
2nd offense: $100
3rd and subsequent offenses: $200
~ 62_2, Digging on town_owned land
$50 each offense
Chapter 68, Firearms
1st offense: $25
2nd and subsequent offenses: $50
Chapter 80, Hazardous Materials
Article II, Storage
Fire Chief, Health Agent
1st offense: $50
2nd and subsequent offenses: $100
Chapter 85, Historic District
Building Inspector
$300 per day per violation
Chapter 110, Martin's Pond
~ 110_1, Use of personal motorized watercraft
1st offense: $50
2nd offense: $100
3rd and each subsequent offense: $200
Chapter 128, Peace and Good Order
~ 128_2, Defacing property; posting notices.
$100 each offense
Chapter 131, Peddlers, Solicitors and Transient Merchants
Article I, Peddlers and Solicitors
$10 each offense
Chapter 139, Recreational Vehicles [Added 10_7_2002 OTM by Art. 2, approved 12_30_2002]
Police Department
1st offense: warning
2nd offense: $50
3rd and subsequent offenses: $100
Chapter 143, Secondhand Dealers and Pawnbrokers
$200 per day _ any violation
Chapter 149, Soil Removal
Building Inspector
1st offense: $50
2nd offense: $100
3rd and subsequent offenses: $200
Chapter 152, Solid Waste
Article I, Junked Vehicles and Other Waste Material
Building Inspector
1st offense: warning
2nd offense: $50
3rd offense: $100
4th and subsequent offenses: $200
Article II, Littering and Dumping
$300 each offense
Article III, Recycling
$25 any violation
Chapter 158, Streets and Sidewalks
~ 158_1, Covering of vehicles
$50 each offense
~ 158_9, Snow removal on streets and sidewalks [Added 10_7_2002 OTM by Art. 3, approved 12_30_2002]
Police Department
1st offense: warning
2nd offense: $50
3rd offense: $100
~ 158_10, Utility poles [Added 4_4_2002 ATM by Art. 8, approved 6_11_2002]
Building Inspector
$300 each offense
Chapter 163, Swimming Pools
Building Inspector
1st offense: $25
2nd and subsequent offenses: $50
Chapter 185, Vehicles, Recreational [Added 10_6_2003 OTM by Art. 5, approved 11_12_2003]
Article II, Restrictions on Use
Police Department
1st offense: warning
2nd offense: $50
3rd and subsequent offenses: $100
Chapter 191, Water
Article II, Water Supply Conservation
1st offense: $50
Each subsequent offense: $100
Chapter 196, Wetlands
Conservation Commission, Conservation Agent
1st offense: $25
2nd offense: $100
3rd and subsequent offenses: $300
~ 1_6. Disposition of fines and penalties. [Added 3_12_1973 STM by Art. 2, approved 10_11_1973]
All fines and penalties for the violation of any of the provisions of these by_laws shall, when received, inure to the use of the Town and be paid into the Town treasury unless it be otherwise directed by the laws of the Commonwealth.
~ 1_7. Prosecution of violations.
Violations of these by_laws shall be prosecuted by the Chief of Police of the Town on his own initiative or on the order of the Selectmen. Any person who shall violate any of the provisions of these by_laws shall be subject to a fine for each offense in such sum as may be authorized by law.
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