BY-LAWS OF THE TOWN OF NEW MARLBOROUGH MASSACHUSETTS By-Law 1. TOWN MEETING
Section 1. (Adopted at the Town Meeting held March 15, 1937; Approved by Attorney General April 9, 1937.)All town meetings and elections shall be called in the manner required by law and attested copies of the warrant for the same shall be posted in five (5) public places or more, within the town, at least seven (7) days before the time of holding said meetings. All warrants for special meetings, in addition to above posting, shall be published once in a newspaper largely circulated in the town at least seven (7) days before the time of holding said special meetings, with the exception that it shall not be required that the warrant for a state primary or state election be published in a newspaper. Section 2. (Adopted at Town Meeting held May 9 & 11, 1977; Approved by Attorney General August 8, 1977.) The Annual Town Meeting shall be held on the first Monday in May. The annual town election shall be held on the second Monday in May, the polling hours to be set by the Selectmen. Section 3. (Adopted at a Special Town Meeting held November 19, 1973; Approved by Attorney General December 6, 1973.) All articles submitted to the Selectmen, by petition or otherwise, for insertion in the annual warrant, shall be presented to the Selectmen at least forty-five (45) days prior to the annual town meeting.
(Adopted at Town Meeting held March 15, 1937; Approved by Attorney General April 9, 1937.) The Selectmen shall cause their own report to the town, together with the reports of all other officers and committees, to be printed and left at the town office, at least seven (7) days before the annual town meeting where they can be obtained by any voter, resident taxpayer, or distributed by the Town Clerk.
(Adopted at a Special Town Meeting held July 29, 1966; Approved by Attorney General September 8, 1966.) All purchasing officers of the town shall require bids to be submitted on all purchases of materials, supplies and bus services, where the total for the fiscal year shall amount to three hundred dollars ($300.00) or more provided such items can be bought on a competitive basis. In an emergency such a purchase may be made without bids, provided it is approved by the Board of Selectmen.
(Adopted at Town Meeting held March 15, 1937; Approved by Attorney General April 9, 1937.) In all cases where the town votes one hundred dollars ($100.00) or more for professional services, there shall be a written contract drawn stating in full all conditions relative thereto.
(Adopted at Town Meeting held March 15, 1937; Approved by Attorney General April 9, 1937.) Section 1. All small tools shall be stamped with name or initials to identify them as the property of the Town of New Marlborough. Section 2. All small tools, when not in use, shall be stored in a suitable place provided for such purpose. Section 3. No small tools that carry the town stamp shall be sold or given to anyone to use, but may be sold by the Selectmen for junk purposes, provided their value for future use has been destroyed. Section 4. It shall be the duty of the Selectmen to see that all sections of this by-law are enforced.
(Adopted at Town Meeting held March 15, 1937; Approved by Attorney General April 9, 1937.) Non-residents, without state or county license, shall not be allowed to retail from a wagon, truck, or other vehicle within this town without obtaining a license from the Board of Selectmen. Non-residents engaged in the pursuit of agriculture are exempt from the above licensing.
(Adopted at Town Meeting held March 15, 1937; Approved by Attorney General April 9.1937.) All votes of the town which have continuing force, year after year, shall be brought together in one code and all such future votes shall be added thereto.
(Adopted at Town Meeting held March 4, 1940; Approved by Attorney General April 9, 1940.) Section 1. That there be a Finance Committee consisting of seven (7) members (including the Town Treasurer). Section 2. That the Finance Committee shall be appointed annually at the Town Meeting. Section 3. That the Finance Committee shall have the authority to fill all vacancies in its committee. Section 4. That the Finance Committee shall meet annually at a public place, prior to the annual meeting of the town, for the purpose of inquiring into the financial needs and requirements of the town for the ensuing fiscal year. And the Selectmen shall furnish said committee with certified copies of all articles to be inserted in the warrant involving the raising and appropriation of moneys, which committee shall investigate the subject matters thereof, in respect to the needs and amounts thereof, and report its recommendations to the selectmen who shall cause the same to be published in the town report. Public notice of the time and place of such meetings shall be given. Section 5. That certified copies of all articles in warrants calling special town meetings, involving the raising and appropriation of moneys, shall be submitted to the Finance Committee by the Selectmen, which committee shall investigate the subject matters thereof in respect to the needs and amounts thereof and report its recommendations to the Town Clerk, who shall cause the same to be made available at such town meetings.
(Adopted at a Special Town Meeting held July 29, 1966; Approved by Attorney General September 8, 1966.) Upon complaint, in writing, and signed by six (6) or more persons who own land in the Town of New Marlborough, to the Selectmen or Chief of Police, the owner of premises upon which unregistered and dilapidated motor vehicles and/or parts thereof has been allowed to stand thereon shall remove said unregistered and dilapidated motor vehicles and/or parts within four (4) weeks of being informed of said complaint by the Selectmen or Chief of Police from any premises unlicensed under Chapter 140, Section 57, of the Massachusetts General Laws. The Selectmen's judgment shall be final as to determining whether or not a motor vehicle is junked or dilapidated. Whoever violates any of the provisions of this by-law shall pay a fine not to exceed ten dollars ($10.00) for each offense. Each dilapidated motor vehicle or part thereof that has been allowed to stay on the premises beyond the four (4) weeks period may constitute a separate offense for each vehicle or part, and each continuing day of such violation may also be considered a separate offense.
(See separate sheet(s) attached hereto.)
(Adopted at a Town Meeting held May 1, 1978; Approved by Attorney General 1978.) No person shall offer to view, set up, set on foot, maintain or carry on a theatrical exhibition, public show, concert, dance hall exhibition of any description, or any entertainment activity, or public amusement of any type, without first having obtained a license to do so from the Board of Selectmen, and without having complied with the provisions of Chapter 140 of the General Laws as amended, and that in all cases in which a crowd of one thousand or more persons is anticipated, and including in an application for such license, information on traffic, security, parking, sanitation, food to be served, beverages to be served, and suitable provision for cleaning the area at the conclusion of its use and making suitable arrangements to pay the cost of any special Town services which will be needed in the opinion of said Board. The applicant shall also be required to obtain a policy of public liability insurance of at least $25,000.00 to pay any judgments rendered against such licensee in favor of patrons of others to recover damages resulting from negligence of the licensee, together with a bond running to the Town for faithful performance of the conditions of such licensee. The applicant shall be subject to such penalties for non-compliance as are provided by law.
(Adopted at a Town Meeting held May 2, 1983; Approved by Attorney General October 17, 1983.) The Board of Selectmen shall annually appoint three registered voters of the town as a Council on Aging under the provisions of Section 8B of Chapter 40 of the General Laws. The members so appointed shall serve without compensation and shall designate by their vote a chairman and secretary who shall be members of the Council. The purpose of the council shall be to coordinate or carry out programs designed to meet the problems of the aging in coordination with programs of the department of elder affairs. The council shall submit an annual report to the town and shall send a copy thereof to the department of elder affairs. Said department shall from time to time review and evaluate such reports and make recommendations as to any required or needed changes in said local programs. The council may appoint such clerks and other employees with the approval of the Board of Selectmen and as may be provided for by appropriation of the town meeting.
(Adopted at Special Town Meeting held December 4, 1989; Approved by Attorney General) The Town, in order to recycle as much as possible of the solid waste generated within the Town, authorizes the Selectmen to adopt rules and regulations to require everyone disposing of solid waste at a Town facility to separate recyclable material from their solid waste and to dispose of such recyclable material in designated areas so that it may be recycled. For the purposes of this by-law the term "recyclable" shall mean: glass, paper and metal, as well as any other material the Selectmen may determine can be recycled. The Selectmen shall have the authority to add, alter or delete items to be separated as markets for recycled goods change. The Selectmen may set a fine not to exceed $50.00 (fifty dollars) for each violation of this by-law. All by-laws, rules, regulations or other documents inconsistent with the provisions of this by-law are hereby repealed to the extent of such inconsistency. This by-law and the various parts, sentences and clauses thereof are hereby declared to be severable. If any part, sentence or clause is adjudged invalid, it is hereby provided that the remainder of this by-law shall not be affected thereby.
(Adopted at Town Meeting held May 6, 1991; Approved by Attorney General) Section 1. No person shall hunt on any town owned or private property in the Town of New Marlborough without written permission of the owner of the land upon which hunting will take place. The written permission must be carried while hunting and renewed on an annual basis. Section 2. Fine for the first offense will be $100.00. Second-time offenders will be fined a minimum of $100.00 up to $300.00. This by-law shall be enforced by all State and Local law enforcement officials and shall be administered by Massachusetts General Laws, Chapter 40, Section 21d, on a non-criminal disposition.
(Adopted at Special Town Meeting held December 4, 1989; Approved by Attorney General) A motion was made and carried to adopt the following by-law to prohibit from Lake Buel the operation of either boats or other motorized equipment with motors exceeding 5 hp or motorized augers after 12 midnight and before 8:00 Lm. without the special authorization of the Board of Selectmen and to set a fine not to exceed $100.00 for each violation of this prohibition or take any other action relative thereto.