HomeMy WebLinkAbout2011-07-06 Board of Selectmen PacketBylaw Committee Meeting
July 6, 2011
Selectmen's Meeting Room
16 Lowell Street
7:00 PM
1. Call to Order - Chairman
2. Read Notice of Public hearing — Secretary
3. Review Preliminary Report and draft General Bylaw Amendments — Town Manager
4. Public Comment/Testimony
5. Close Public hearing "Move to Close the Public Hearing on the draft Reading
General Bylaw Recodification - 2011"
6. Discussion /approval of further amendments to the draft
7. Vote to Approve Reading General Bylaw Re- Codification — 2011 "Move to Approve
the Recodification of the Reading General Bylaw as amended"
8. Approval of Minutes
9. Adjourn Bylaw Committee meeting
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Legal Notice
(Seal)
Town of Reading
To the Inhabitants of the Town of Reading:
Please take notice that the Bylaw Committee of the Town of Reading, pursuant to Section
8 -9 of the Reading Home Rule Charter, will hold a public hearing on Wednesday, July 6, 2011 at
7:00 p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts on the
preliminary report and draft recodification of the "Town of Reading Massachusetts General
Bylaw ".
Copies of the proposed re- codified bylaws are available:
♦ in the Town Clerk's office, 16 Lowell Street, Reading, MA, M- W -Thurs from 7:30 a.m. -
5:30 p.m., Tues from 7:30 a.m. - 7:00 p.m.; and
♦ in the Reading Public Library during their normal business hours; and
♦ on the Town of Reading web site at www.read.ingma.gov
All interested parties are invited to attend the hearing, or may submit their comments in
writing or by email prior to 5:00 p.m. on July 6, 2011 to townmanagerLa?ci.reading_ma.us
By order of
Peter I. Hechenbleikner
Town Manager
To the Chronicle: Please publish on June 21, 2011 (with report)
Send the bill and tear sheet to: Town Manager, 16 Lowell Street, Reading, MA 01867
7r-
FAX: (781) 942 -9070
Website: www.readingma.gov
Town of Reading
16 Lowell Street
Reading, MA 01867
Bylaw Committee
(781) 942 -9050
Preliminary Report on General Bylaw Recodification
July 6, 2011
Section 8 -9 of the Reading Home Rule Charter, requires that the Bylaw Committee present to Town Meeting not
less than every 10 years, proposed revisions or recodification of the bylaws of the Town.
Section 8 -9: Reenactment and Publication of Bylaws
Within one (1) year of the adoption of this Charter and at intervals of not more than ten (10) years
thereafter, proposed revisions or recodification of the bylaws of the Town shall be presented to Town
Meeting by the Bylaw Committee.
At least four (4) months prior to the Town Meeting at which action under this section is to be taken,
the Committee shall cause to be published in a local newspaper: (a) a report summarizing its
recommendations and noting the times and places within the Town where complete copies of the
report shall be available for inspection by the public, and (b) the date, time and place not less than
two weeks following such publication when a public hearing shall be held by the committee on the
preliminary report.
[Amended November 15, 2004 (Article 16) and approved by vote of the Town on April 5, 2005]
The General Bylaw of the Town was last re- codified in 1988, shortly after the Reading Home Rule Charter was
adopted.
The intent of recodification is not to make substantive changes to the General Bylaw, but to make sure that they
are simple to read and understand, and are internally consistent and accurate.
Since the winter of November 2010, the Bylaw Committee (together with Town Counsel, the Town Clerk, and
the Town Manager) has met 8 times and has developed a new, easier to read, standardized version of the General
Bylaw. The details of this draft are available in hard copy at the Library and Town Clerk's office, and
electronically on the Town's web site at www.readingma.gov.
In proceeding with this recodification, the Bylaw Committee had several specific goals in mind:
♦ Improve the organization of the General B� - It is clear that the existing bylaws have been amended in
sequential order without any particular attention to organizing the sections by subject matter. The "Public
Order" article seems to eclipse the others.
♦ Improve the formatting — Make the General Bylaw more user friendly; easier to read; simpler (there are
too many subsections in some portions of the bylaw); more compact (narrower margins mean less paper is
used); add a robust index (not part of the adopted bylaw, but as a useful tool); and keep the chronology
(also not part of the adopted bylaw, but as an additional tool).
0
♦ Standardize terms within the General Bylaw to the extent practical. The Bylaw Committee has had some
definite ideas as to how to spell and reference certain terms. Town Counsel has reviewed those to ensure
conformance with standard practice. Examples of now standardized terms include: the spelling and
capitalization of "bylaw ", references to the state statutes as "M.G.L. ", and the consistent use of other
common terms. In addition, there are a number of sections with common language, and some sections
where the language is similar. The Bylaw Committee has attempted to organize the bylaws so that that
the common language is standardized, and included only once in the bylaws.
♦ Review the bylaw for content. Each of the bylaw sections was reviewed in an effort to determine what, if
any, changes are needed. The following are examples of some of those changes:
♦ What can be "re- codified" as is — (Wetlands)
♦ What needs to be modified — (Personnel)
♦ What needs to be removed — (Building Code)
♦ What needs to be added — (table in section 1.7 that shows who enforces non - criminal disposition and
what the fines are)
The following is a summary of the detailed work included in the proposed recodification:
Organization:
Following its review of best practices in the Commonwealth, the Bylaw Committee recommends reorganizing the
General Bylaw into 8 Articles:
General Provisions
Town Meeting
Town Offices and Town Officers
Personnel
Conduct of Town Business
Financial Procedures
Regulation on the Use of Land
Public Order
Inclusion of all previous sections
The Bylaw Committee retained all of the previous sections of the General Bylaw, but reorganized many of the
provisions into new sections, except for the following sections which have been deleted:
♦ Laundromat Licenses — staff has determined that there is no reason for such a license
♦ Underground Petroleum Storage License — This bylaw was rescinded by Town Meeting at the 2011
Annual Town Meeting
♦ Gas Inspector section — not necessary — no other such positions are included in the bylaw
♦ Building Code — not necessary — there is a state building code and the Town may not vary from that
♦ Municipal Data Processing Center — no longer needed — this was required in pre- Charter days
♦ Eliminated the Conflict of Interest section because the state statute, M.G.L. c.268A, applies
Summary of Changes:
Article 1 General Provisions
♦ Added some definitions from the detailed bylaw sections to create a general definition section
♦ Standardized the non - criminal disposition section as section 1.7 from different language in various
sections of the bylaw, and inserted a chart that contains the bylaw section, enforcing agent, and
fines (fines are specified in accordance with state statute)
9
Article 2 Town Meeting
♦ No substantive changes
Article 3 Town Offices and Town Officers
♦ Eliminated the section on the Gas Inspector — not necessary
♦ Standardized the section on the general standards for Appointed Boards, Committees, and
Commissions
♦ Eliminated Municipal Data Processing Center — no longer needed — this was required in pre -
Charter days
♦ Eliminated the Conflict of Interest section because M.G.L. will apply
Article 4 Personnel
♦ No substantive changes
Article 5 Conduct of Town Business
♦ Removed a number of sections and put them in another section of the bylaw
♦ Modified the sections on Rules and Regulations to reflect current practice
Article 6 Financial Procedures
♦ No substantive changes
Article 7 Regulation on the Use of Land
♦ This is a new article compiled of sections from various other sections of the bylaw
♦ Removed details of non - criminal disposition from individual sections and inserted them in the first
article
♦ Eliminated underground petroleum storage licensing article
♦ Eliminated laundromat licensing and reference to the Gas Inspector position — not necessary — no
other such positions are indicated
♦ Eliminated reference to the Building Code — not necessary — there is a state building code and the
Town may not vary from that
Article 8 Public Order
♦ Rewrote the section on Anti- Litter to simplify it but retained the intent of the existing bylaw
♦ Rewrote the section on News Racks but retained the intent of the existing bylaw
The Bylaw Committee looks forward to hearing any questions or comments at its hearing on July 6, 2011 at 7:00
p.m. in the Selectmen's Meeting Room, 16 Lowell Street, Reading, Massachusetts
Respectfully submitted
Bylaw Committee
Phil Pacino, Chairman
Dolores Carroll
John H. Russell
Ron O'Keefe
Louise Callahan
s'
BRACKUrl'& L-(JCAS
COUFNSELORS'Ai, LAW
19 Cr AR, STREE.T
Wf)RCESTE,R, MA';A.C3flJS1.`1TrS 01609
508-799-9739
Tax 508-799-9799
Ellen. Callahan Doucette, Esq
JUIY 1.1 22011
I 1a email onlj.,
Phil Paciao, Chair
Bvlaw Com.mittee
'own liall,
16 Lowell Street
Reading, MA 01867
R.c: C"jeneral Bylaw Recoditication
Dear M r, Paclilo:
ecdoucette@brackettl Ucas. com
In advance of the Bvlaw Conunittee's Rely 6 public hearing on the re-codification
of the Gencral Bylaw, I had the opportunity to review the "t."inal"draft, and have the
following further rcvisions, all of which concern langUaUC thl•OUCIh011t the BVIaW
perlaiiiino to 11011-CrIniliml enforcement for violations thereof.
L�
I, Delete the phrase "Secti.oii 1,8 of this bylaw, and'' fro.m. the second line of
Section 1.8 to avoid redundancy,
1 The following sections inust be revised to remove reference to Section 1.7,
and insert Section. 1.8 in place thereof- Sections -74.2.2:7,5.2; 8.3.7- and 8.4.6.
3, Regarding the tahle in Section I's, the Stated firies t,(--)I- violations of
Section 8.5 di ftcr froin those stated in Section 8.5.6, wbich provides a $ 100 inie for tile
first violation, Aith the second and subsequent violations at 83,00 each. 'The table list's
progressive fines of $100, 5200 and $300. It must be detert-inned which fine will be
iniposed for the second of tense. and revise the draft accordingly.
4. Section 7.7.6 still contains the "Lip to" langLiage and therefore, the cut-rent
language should be deleted in its entirety an(] the l'ollowing, inserted in its place:
The Police Departriaent or the Building Inspector sliall enforce the
provisions of this bylaw. Fines shall be assessed and collected as follows:
(00
1st offence: SIOOM
2nd Offence: S200M
3rd and SubSUILIellt Offences: S300.00
Each day a violation exists shall be deeniod to be a separate violation.
Anv alle-ed violation of this bylaw niay. in the sole discretion of the entbrcIM-1
agent, be rnade the SUbject matter of noncriminal disposition proceedi Ilk's
conuitencod by Butch ai-,ent in accordance with Section 1.8 of this bvlaw and
M.G. 1— Chapter 40, Section 21_D
Section 8-6.11 ii.wst be revised to reference Section 1.8 (not 1.7) and to
insert "In accordance with Section 1.8 and ' after the word "agent".
6, Section 8.9.8.8 still contains the "up to lan-guage, where the table Hl
, r_-
Section 1.8 contains a 530 per day fine. 'l here the .second senterice shoiild be
deleted and the,followinu sentence inserted in its place,-
I
"Violations of this bylaw shall result in a fine of Three H-und.red (S 301.))
Dollars for each violation." In addition, ".1.7 in the last se.n.tence.11.11-Ist be chanued to
.;I
Section 8.9.9.7 should, be deleted and. the F(-)HoNving language inserted in
its place.
The Police Department shall enforce the provisions of this bylaNNI. Fines
shall be assessed and collected as follo\vs:
I s Off e.n.ce: $100-00
1)
�nd Offence: S200.00
3rd and Subsequent Offences: S300,00
Each day a violation exists shall be deemed to be a separate violation,
I P
Any alleged violation of this bylaw niav, in the sole discretion ofthe c.111-orcing
' : I
agcrit, be Made the Rtbiect matter of noncriminal. disposition proceedings
0 z'
commenced by such atzent in accordance with Section 1.4 of this bylaw and
-WG,L Chapter 40, Section 211),
6)
Please call if you need. to discuss any of the above, I will be in attendance at the
public hearing on ill »6 to assist the Conunittee as needed.
C7
Very (rLdV ly
Elien Callahan Doucettu,
cc: Peter 1. Hechenbleikner, Town Manager
Laura Gemme, Town, Clerk.
u
Page 1 of 2
Rodger, Julia
From: Schena, Paula
Sent: Wednesday, July 06, 2011 2:42 PM
To: Rodger, Julia
Subject: FW: General Bylaw Recodification
Print this too.
Paula Schena
Office Manager
Town of Reading
16 Lowell Street
Reading, MA 01867
Phone: 781 - 942 -6643
Fax: 781 - 942 -9071
pschenaCDci. reading. ma. us
www.readingma.gov
Town Hall Hours:
Monday, Wednesday and Thursday - 7:30 a.m. - 5:30 p.m.
Tuesday - 7:30 a.m. to 7:00 p.m.
Friday - CLOSED
Please let us know how we are doing - fill out our brief customer service survey at http://readingma -
survey.virtualtownhall. net /survey /sid /de8bdaal6db9e6b4/
From: Hechenbleikner, Peter
Sent: Wednesday, July 06, 2011 1:44 PM
To: Schena, Paula
Subject: Fwd: General Bylaw Recodification
Would you Copy this email for the bylaw committee tonight. Put it behind her letter in the packet.
Sent from my iPhone
Pete
Begin forwarded message:
From: Ellen Doucette <ecdoucettenbrackettlucas.com>
Date: July 6, 2011 1:39:07 PM EDT
To: " Hechenbleikner, Peter" <phechenbleiknergci.reading ma.us>
Subject: Re: General Bylaw Recodification
Yes, I agree
Paragraph 4 of my July 1, 2011 letter regarding Section 7.7.6 should be revised as follows: delete
all but the second to last sentence and change 1.7 to 1.8.
Paragraph 6 of my July 1, 2001 letter regarding Section 8.9.8.8 should be revised as follows: delete
all but last sentence, and change 1.7 to 1.8.
Paragraph 7 of my July 1, 2001 letter regarding Section 8.9.9.7 should be revised as follows:
change "Section 1.6 and 1.7" to Section 1.8.
7/6/2011
W4-..A
Page 2 of 2
just returned and there is a message that you called this morning, before this email. Do you still
need to speak with me?
Ellen
Ellen Callahan Doucette, Esq.
Brackett & Lucas
19 Cedar Street
Worcester, MA 01609
(508) 799 -9739
(508) 799 -9799 Facsimile
- - - -- Original Message - - - --
From: Hechenbleikner, Peter
To: Ellen Callahan Doucette
Sent: Wednesday, July 06, 2011 8:51 AM
Subject: General Bylaw Recodification
Thanks for the letter — I'll have it copied for tonight.
thought that the purpose of having 1.6 was to then not have to include any of
that detail in the individual bylaw sections. I thought that we were going to just
include in the individual sections a general statement on enforcement that cites
section 1.8? This would bean easier way to do it, I think.
Peter I. Hechenbleikner
Town Manager
Town of Reading
16 Lowell Street
Reading MA 01867
Please note new Town Hall Hours effective June 7, 2010:
Monday, Wednesday and Thursday: 7:30 a.m - 5:30 p.m.
Tuesday: 7:30 a.m. - 7:00 p.m.
Friday: CLOSED
phone: 781 - 942 -9043
fax 781 - 942 -9071
web www.readingma.gov
email townmanager @ci.reading.ma.us
Please let us know how we are doing - fill out our brief customer service survey
at http:// readingma- survey.virtualtownhall. net /survey /sid/887434dd9e2l30b7/
010
7/6/2011
Town of Reading
Massachusetts
� OF RFq
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INC O'iZ4�¢
General Bylaw
kk
Town of Reading General Bylaw Table of Contents
Table of Contents
ARTICLE 1 GENERAL PROVISIONS
1.1
Purpose ..............................................................................................................
..............................3
1.2
Construction of Bylaw .... :.................................................................................................................
3
1.3
Amendment ........................................................................................................
..............................3
1.4
Renumbering of the General Bylaw ..................................................................
............................... 3
1.5
Repeal ................................................................................................................
..............................3
1.6
Violations ............................................................................................................
..............................3
1.7
Enforcement .......................................................................................................
..............................3
1.8
Non - Criminal Disposition of Certain Violations of Bylaws .................................
............................... 3
1.9
Severability .........................................................................................................
..............................5
1.10
Definitions .........................................................................................................
............................... 5
0
ARTICLE 2 TOWN MEETING
2.1
General ..............................................................................................................
..............................7
2.2
Conduct of Town Meeting .................................................................................
............................... 8
ARTICLE 3 TOWN OFFICES AND TOWN OFFICERS
3.1
Elected Town Officers .....................................................................................
............................... 12
Boardof Selectmen ....................................................................................
.............................12
3.2
Appointed Officers ...........................................................................................
............................... 12
TownTreasurer - Collector ...........................................................................
.............................12
TownAccountant ........................................................................................
.............................12
TownClerk ..................................................................................................
.............................12
3.3
Appointed Boards, Committees, Commissions ................................................
.............................13
General.......................................................................................................
.............................13
FinanceCommittee ....................................................................................
.............................14
BylawCommittee ........................................................................................
.............................14
Councilon Aging ........................................................................................
.............................14
AuditCommittee .......................................................................................
............................... 14
ARTICLE 4 PERSONNEL
4.1
Personnel ..........................................................................................................
.............................16
4.2
Physical Qualifications for all Compensated Town Employees ........................
.............................17
ARTICLE 5 CONDUCT OF TOWN BUSINESS
5.1
Annual Town Reports and Records ...................................................................
.............................19
5.2
Resolution of Legal Matters ..............................................................................
.............................19
5.3
Rules and Regulations ......................................................................................
.............................19
ARTICLE 6 FINANCIAL PROCEDURES
6.1 Capital Improvements Program ...................................................................... ............................... 21
6.2 Disposal of Surplus Property .......................................................................... ............................... 21
6.3 Delinquent Taxes; Denial, Revocation and Suspension of Permits and Licenses ........................ 21
6.4 Surcharge on Details ....................................................................................... ............................... 22
6.5 Grant Fund Applications .................................................................................. ............................... 22
Amended through April 201
1�"
Town of Reading General Bylaw Table of Contents
ARTICLE 7 REGULATIONS ON THE USE OF LAND
7.1 Wetlands Protection .............................. ...............................
7.2 Demolition of Structures of Potential Historical Significance
7.3 Local Historic District ............................. ...............................
7.4 Regulation of Certain Motor Vehicles ... ...............................
7.5 Wells ....................................................... ...............................
7.6 Licenses ................................................ ...............................
7.7 Retail Sales .............. ................................
7.8 Outdoor Loudspeakers and Public Address Systems
ARTICLE 8 PUBLIC ORDER
8.1 Streets, Highways and Public Property ......... ...............................
8.2 Scenic Roads ................................................. ...............................
8.3 Emergency Vehicle Access and Fire Lanes .. ...............................
8.4 Designated Parking Spaces and Curb Ramps for
Disabled Veterans or Handicapped Persons ...............................
8.5 Public Works ................................................. ...............................
8.6 Anti - Litter ........................................................ ...............................
8.7 News Racks ................................................... ...............................
8.8 Animal Control ................................................ ...............................
8.9 Public Conduct ............................................... ...............................
APPENDICES
Map - West Street Historic District.. .......................................................
CHRONOLOGY............................................................... ...............................
Not a part of the General Bylaw document. For information purposes only.
INDEX............................................................................... ...............................
Not a part of the General Bylaw document. For information purposes only.
2
..... 23
..... 26
..... 29
..... 36
..... 37
..... 37
..... 38
..... 39
40
41
42
43
44
45
48
54
61
67
.:
72
Amended through April 20
ti3
Town of Reading General Bylaw Article 1 - General Provisions
ARTICLE 1 GENERAL PROVISIONS
1.1 Purpose
The purpose of this bylaw is to implement the provisions of the Reading Home Rule Charter, and
establish rules conducive to the welfare of the Town and the convenience of its inhabitants, the
orderly direction and management of its affairs, and the preserving of peace and good order within its
limits.
1.2 Construction of Bylaw
This bylaw shall be construed so as to give it effect consistent with the ordinary and reasonable
meaning of its provisions and with the provisions of any general or special laws then in effect adopted
by the Commonwealth of Massachusetts. No provisions of this bylaw shall be construed to limit the
powers and duties of officers, boards, committees and commissions imposed upon them by
applicable provisions of the general or special laws of Massachusetts or the Reading Home Rule
Charter. The provisions of any bylaw so far as they are the same as the provisions of a bylaw
heretofore in force, shall be construed as a continuation thereof and not as new enactments.
1.3 Amendment
This bylaw may be amended at any Annual or Special Town Meeting by a majority vote of Town
Meeting Members present and voting at said meeting, provided that an article or articles for that
purpose shall have been inserted in the warrant for said meeting.
1.4 Renumbering of the General Bylaw
Non - substantive changes to the numbering of the various bylaws within the Code of the Town of
Reading shall be permitted in order that the numbering of amendments thereto and other consequent
renumbering changes resulting there from be in compliance with the numbering format of said Code.
1.6 Repeal
The repeal of any section of this bylaw shall not affect any act done nor any right accrued or
established nor any action or suit or proceeding commenced or had in a civil case, nor affect any
punishment or penalty or forfeiture incurred under such bylaw.
1.6 Violations
1.6.1 Duty of Police to Enforce
It shall be the duty of the police to enforce the provisions of this bylaw, and to make complaint
against any person violating the same. Prosecutions for offenses under this bylaw may be made
by any police officer of the town, and all fines shall be paid into the Town treasury.
1.6.2 Fines
Except as otherwise provided specifically in any article of this bylaw, any person violating any of
the provisions of this bylaw shall be punished by a fine of not more than Three Hundred ($300)
Dollars for each offense.
1.7 Enforcement
Any person violating any of the provisions of this bylaw shall be punished by a fine of not more than
Three Hundred ($300) Dollars for each offense, and in the case of continuing violation, every
calendar day upon which such violation shall remain shall be considered a separate offense.
1.8 Non - Criminal Disposition of Certain Violations of Bylaws
In addition to any other means of enforcement, the provisions of the following sections of the bylaw
may be enforced by non - criminal disposition in accordance with the provisions of M.G.L. Chapter 40,
Section 21 D. For the purposes of such non - criminal disposition, the following table establishes the
"enforcing person" and the penalties. Each day upon which the violation occurs is considered to be a
separate offense.
Amended through April 2
6�)
Town of Reading
General Bylaw Article 1 - General Provisions
Bylaw
Bylaw Title
Enforcing Person
Penalty —
Penalty —
Penalty —
Section
First
Second
Additional
Offense
Offense
Offences
7.1
Wetlands Protection
Conservation Commission
$100
$200
$300
Conservation Administrator
7.3
Local Historic District
Historic District Commission
$100
$200
$300
Building Inspector
7.4
Regulation of Certain
Police Department
$25
$50
$100
Motor Vehicles
Building Inspector
7.5
Wells
Health Director
$200
$300
$300
7.6
Licenses
Board of Selectmen
$25
$50
$100
Town Manager
Police Department
7.7
Retail Sales
Police Department
$100
$200
$300
Building Inspector
8.1
Streets, Highways
Director of Public Works
$25
$50
$100
and Public Property
Police Department
8.3
Emergency Vehicle
Police Department
$100
$200
$300
Access and Fire Lane
Fire Department
8.4
Handicapped Spaces
Police Department
$100
$150
$200
8.5
Public Works
Board of Selectmen
$100
$200
$300
Town Manager
Police Department
Director of Public Works
Health Director
8.6
Anti- Litter
Health Director
Warning
$100
$300
Police Department
8.8
Animal Control
Animal Control Officer
$50
$100
$300
8.9.1
Public Conduct
Police Department
$50
$100
$300
8.9.2
8.9.3
8.9.4
8.9.5
8.9.6
8.9.7
Public Consumption
Police Department
$300
$300
$300
of Marijuana or
Tetrah drocannabinol
8.9.8
Construction Hours
Police Department
$300
$300
$300
Zoning Officer
Town Manager
8.9.9
Door -To -Door
Police Department
$100
$200
$300
Solicitors and
Canvassers
Amended through April 2011
19)
Town of Reading General Bylaw Article 1 - General Provisions
1.9 Severability
In the event any article or section, subsection or provision of any article of this bylaw shall be held to
be unconstitutional or invalid, such invalidity shall not affect the validity or constitutionality of any other
article or any other section, subsection or provision hereof.
1.10 Definitions
1.10.1 Bylaw
Any articles, sections, subsections or paragraphs of the general and zoning bylaw of the Town,
and any amendments thereto.
1.10.2 Charter
Reading Home Rule Charter adopted March 24, 1986 and any amendments thereto made
through any of the methods provided under Article LXXXIX of the amendments to the State
Constitution.
1.10.3 He. His, Himself
Wherever in this bylaw the word "he" appears, this shall also mean "she ", "his" shall also mean
"her" and "himself' shall also mean "herself."
1.10.4 Inhabitant
A person who has established permanent residence in the Town.
1.10.5 M.G.L
Massachusetts General Laws.
1.10.6 Motion
A formal proposal by a member in a meeting that the body take certain action.
1.10.7 Official Body
Any Town officer, board, committee, commission, council, trusteeship or authority authorized by
the Charter or bylaw with the exception of Town Meeting.
1.10.8 Person
Any individual, group of individuals, association, partnership, corporation, company, business
organization, trust, estate or any other legal entity or its legal representatives, agents or assigns.
1.10.9 Precincts
The areas into which the Town is divided for the purpose of conducting elections.
1.10.10 Private
When applied to any area, way or property shall mean that which is owned or leased by other
than a governmental entity.
1.10.11 Public
When applied to any area, way or property shall mean that which is owned or leased by the Town
or other governmental entity.
1.10.12 Public Street
The entire width between the boundary lines of every way publicly maintained when any part
thereof is open to the use of the public for the purposes of vehicular and /or pedestrian travel and
it includes any alley or other public property in the Town.
1.10.13 Roadway
That portion of a public street improved, designed or ordinarily used for vehicular travel including
the curb or shoulder.
Amended through April
Q��01
Town of Reading General Bylaw Article 1 - General Provisions
1.10.14 Sidewalk
That portion of a public street between the curb lines or lateral lines of a roadway and the
adjacent property lines intended for use by pedestrians.
1.10.15 Town Officer
An elected or appointed person except for a Town Meeting Member who, in the performance of
his duties of office, exercises some portion of the sovereign power of the Town whether great or
small.
1.10.16 Warrant
A list of articles to be presented for Town Meeting consideration, with each article describing and
establishing the scope of business to be considered under such article.
Amended through April 2011
`)
Town of Reading General Bylaw Article 2 - Town Meeting
ARTICLE 2 TOWN MEETING
2.1 General
2.1.1 Date of Annual Town Election
The Annual Town Meeting shall be held on the third Tuesday preceding the fourth Monday in
April of each year for the election of Town officers and for such other matters as required by law
to be determined by ballot. Notwithstanding the foregoing, in any year in which presidential
electors are to be elected, the Board of Selectmen may schedule the commencement of the
Annual Town Meeting for the same date designated as the date to hold the Presidential Primary.
2.1.2 Hours of Election
The polls for the Annual Town Meeting shall be opened at 7:00 AM and shall remain open until
8:00 PM.
2.1.3 Annual Town Meetinq Business Sessions
All business of the Annual Town Meeting, except the election of such Town officers and the
determination of such matters are required by law to be elected or determined by ballot, shall be
considered at an adjournment of such meeting to be held at 7:30 PM on the fourth Monday in
April, except if this day shall fall on a legal holiday, in which case the meeting shall be held on the
following day or at a further adjournment thereof.
2.1.4 Subsequent Town Meetina
A Special Town Meeting called the Subsequent Town Meeting shall be held on the second
Monday in November, except if this day shall fall on a legal holiday, in which case the meeting
shall be held on the following day. The Subsequent Town Meeting shall consider and act on all
business as may properly come before it except the adoption of the annual operating budget.
2.1.5 Adiourned Town Meeting Sessions
Adjourned sessions of every Annual Town Meeting after the first such adjourned session
provided for in Section 2.1.3 of this Article and all sessions of every Subsequent Town Meeting,
shall be held on the following Thursday at 7:30 PM and then on the following Monday at 7:30 PM,
and on consecutive Mondays and Thursdays unless a resolution to adjourn to another time is
adopted by a majority vote of Town Meeting Members present and voting.
2.1.6 Posting of the Warrant
The Board of Selectmen shall give notice of the Annual, Subsequent or any Special Town
Meeting at least fourteen (14) days prior to the time of holding said meeting by causing an
attested copy of the warrant calling the same to be posted in one (1) or more public places in
each precinct of the Town, and either causing such attested copy to be published in a local
newspaper or providing in a manner such as electronic submission, holding for pickup, or mailing,
an attested copy of said warrant to each Town Meeting Member.
2.1.7 Closing of the Warrant
All Articles for the Annual Town Meeting shall be submitted to the Board of Selectmen not later
than 8:00 PM on the fifth (5th) Tuesday preceding the date of election of Town officers, unless this
day is a holiday in which case the following day shall be substituted. All articles for the
Subsequent Town Meeting shall be submitted to the Board of Selectmen not later than 8:00 PM
on the seventh Tuesday preceding the Subsequent Town Meeting in which action is to be taken,
unless this day is a holiday in which case the following day shall be substituted.
2.1.8 Delivery of the Warrant
The Board of Selectmen, after drawing a Warrant for a Town Meeting, shall immediately deliver a
copy of such Warrant to each member of the Finance Committee, the Community Planning and
Development Commission, the Bylaw Committee and the Moderator.
Amended through April 2011
�J
Town of Reading General Bylaw Article 2 - Town Meeting
2.2 Conduct of Town Meeting
2.2.1 In the conduct of all Town Meetings, the following rules shall be observed
Rule 1 A majority of Town Meeting Members shall constitute a quorum for doing business.
Rule 2 All articles on the warrant shall be taken up in the order of their arrangement in the
warrant unless otherwise decided by a majority vote of the members present and voting.
Rule 3 Prior to debate on each article in a warrant involving the expenditure of money, the
Finance Committee shall advise Town Meeting as to its recommendations and the
reasons therefore.
Rule 4 Prior to a debate on each article in a warrant involving changes in the bylaw or Charter,
petitions for a special act, or local acceptance by Town Meeting of a State statute, the
Bylaw Committee shall advise Town Meeting as to its recommendations and reasons
therefore.
Rule 5 Every person shall stand when speaking as they are able, shall respectfully address the
Moderator, shall not speak until recognized by the Moderator, shall state his name and
precinct, shall confine himself to the question under debate and shall avoid all
personalities.
Rule 6 No person shall be privileged to speak or make a motion until after he has been
recognized by the Moderator.
Rule 7 No Town Meeting Member or other person shall speak on any question more than ten
(10) minutes without first obtaining the permission of the meeting.
Rule 8 Any non -Town Meeting Member may speak at a Town Meeting having first identified
himself to the Moderator. A proponent of an article may speak on such article only after
first identifying himself to the Moderator and obtaining permission of Town Meeting to
speak. No non -Town Meeting Member shall speak on any question more than five (5)
minutes without first obtaining the permission of the Meeting. Non -Town Meeting
Members shall be given the privilege of speaking at Town Meeting only after all Town
Meeting Members who desire to speak upon the question under consideration have first
been given an opportunity to do so.
Rule 9 Members of official bodies and Town officials who are not Town Meeting Members shall
have the same right to speak, but not to vote, as Town Meeting Members on all matters
relating to their official bodies.
Rule 10 No speaker at a Town Meeting shall be interrupted except by a Member making a point
of order or privileged motion or by the Moderator.
Rule 11 Any person having a monetary or equitable interest in any matter under discussion at a
Town Meeting, and any person employed by another having such an interest, shall
disclose the fact of his interest or his employer's interest before speaking thereon.
Rule 12 The Moderator shall decide all questions of order subject to appeal to the meeting, the
question on which appeal shall be taken before any other.
Rule 13 When a question is put, the vote on all matters shall be taken by a show of hands, and
the Moderator shall declare the vote as it appears to him. If the Moderator is unable to
decide the vote by the show of hands, or if his decision is immediately questioned by
seven (7) or more Members, or if the Moderator determines that a counted vote is
required such as for a debt issue or Home Rule Petition, he shall determine the question
by ordering a standing vote, and he shall appoint tellers to make and return the count
Amended through April 2011
6
Town of Reading General Bylaw Article 2 - Town Meeting
directly to him. On request of not less than twenty (20) members, a vote shall be taken by
roll call.
Rule 14 All original main motions having to do with the expenditure of money shall be presented
in writing, and all other motions shall be in writing if so directed by the Moderator.
Rule 16 No motion shall be received and put until it is seconded. No motion made and seconded
shall be withdrawn if any Member objects. No amendment not relevant to the subject of
the original motion shall be entertained.
Rule 16 When a question is under debate, no motion shall be in order except:
• to adjourn,
• to lay on the table or pass over,
• to postpone for a certain time,
• to commit,
• to amend,
• to postpone indefinitely, or
• to fix a time for terminating debate and putting the question, and the aforesaid
several motions shall have precedence in the order in which they stand arranged in
this rule.
Rule 17 Motions to adjourn (except when balloting for offices and when votes are being taken)
shall always be first in order. Motions to adjourn, to move the question, to lay on the table
and to take from the table shall be decided without debate.
Rule 18 The previous question shall be put in the following form or in some other form having the
same meaning: "Shall the main question now be put" and until this question is decided all
debate on the main question shall be suspended. If the previous question is adopted, the
sense of the meeting shall immediately be taken upon any pending amendments in the
order inverse to that in which they were moved, except that the largest sum or the longest
time shall be put first and finally upon the main question.
Rule 19 The duties of the Moderator and the conduct and method of proceeding at all Town
Meetings, not prescribed by law or by rules set forth in this article, shall be determined by
rules of practice set forth in "Town Meeting Time Third Edition" except that to lay on the
table shall require a majority vote.
2.2.2 Attendance by Officials
It shall be the duty of every official body, by a member thereof, to be in attendance at all Town
Meetings for the information thereof while any subject matter is under consideration affecting
such official body.
2.2.3 Appointment of Committees
All committees authorized by Town Meeting shall be appointed by the Moderator unless
otherwise ordered by a vote of the Members present and voting. All committees shall report as
directed by Town Meeting. If no report is made within a year after the appointment, the committee
shall be discharged unless, in the meantime, Town Meeting grants an extension of time. When
the final report of a committee is placed in the hands of the Moderator, it shall be deemed to be
received, and a vote to accept the same shall discharge the committee but shall not be equivalent
to a vote to adopt it.
2.2.4 Motion to Reconsider
2.2.4.1 Notice to Reconsider
A motion to reconsider any vote must be made before the final adjournment of the
meeting at which the vote was passed but such motion to reconsider shall not be made at
an adjourned meeting unless the mover has given notice of his intention to make such a
Amended through April 2011
9
Town of Reading General Bylaw Article 2 - Town Meeting
motion, either at the session of the meeting at which the vote was passed or by written
notice to the Town Clerk within twenty -four (24) hours after the adjournment of such
session. When such motion is made at the session of the meeting at which the vote was
passed, said motion shall be accepted by the Moderator but consideration thereof shall
be postponed to become the first item to be considered at the next session, unless all
remaining articles have been disposed of, in which case reconsideration shall be
considered before final adjournment. There can be no reconsideration of a vote once
reconsidered or after a vote not to reconsider. Reconsideration may be ordered by a vote
of two- thirds (2/3) of the members present. Arguments for or against reconsideration may
include discussion of the motion being reconsidered providing such discussion consists
only of relevant facts or arguments not previously presented by any speaker.
2.2.4.2 Federal or State Law Affecting Reconsideration
The foregoing provisions relating to motions to reconsider shall not apply to any such
motion made by the Board of Selectmen and authorized by the Moderator as necessary
for the reconsideration of actions previously taken by Town Meeting by reason of State or
Federal action or inaction or other circumstances not within the control of the Town or
Town Meeting. In the event such a motion to reconsider is made and authorized, said
motion may be made at any time before the final adjournment of the meeting at which the
vote was passed, said motion may be made even if the vote was already reconsidered or
was the subject of a vote not to reconsider, and reconsideration may be ordered by a
vote of two- thirds (2/3) of the Members present.
2.2.4.3 Posting and Advertising
Notice of every vote to be reconsidered at an adjourned Town Meeting shall be posted by
the Town Clerk in one (1) or more public places in each precinct of the Town as soon as
possible after adjournment, and he shall, if practicable, at least one day before the time of
the next following session of said adjourned meeting, publish such notice in some
newspaper published in the Town. Said notice shall include the vote to be reconsidered
and the place and time of the next following session of said adjourned meeting. The
foregoing notice provisions shall not apply when a motion to reconsider any Town
Meeting action is made publicly at Town Meeting before the adjournment of any session
of any adjourned Town Meeting.
2.2.5 State of the Town
The Selectmen shall, at each Annual Town Meeting, give to the Members information on the
"State of the Town."
2.2.6 Annual Precinct Meeting
Town Meeting Members and Town Meeting Members -elect from each precinct shall hold an
annual precinct meeting after the annual Town election but before the convening of the business
sessions of the Annual Town Meeting. The purpose of the meeting shall be the election of a
Chairman and a Clerk and to conduct whatever business may be appropriate. Chairmen shall
serve no more than six (6) consecutive years in that position. Additional precinct meetings may
be called by the Chairman or by a petition of six (6) Town Meeting Members of the precinct.
2.2.7 Removal of Town Meeting Members
2.2.7.1 Notice of Attendance
The Town Clerk shall mail, within thirty (30) days after the adjournment sine die of the
Annual Town Meeting, to every Town Meeting Member who has attended less than one -
half of Town Meeting sessions since the most recent Annual Town Election, a record of
his attendance and a copy of Section 2 -6 of the Charter.
2.2.7.2 Precinct Recommendation
All Precinct meeting held prior to consideration by Town Meeting of the warrant article
pursuant to Section 2 -6 of the Charter. Town Meeting Members of each precinct shall
10 Amended through April 2011
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Town of Reading General Bylaw Article 2 - Town Meeting
adopt a recommendation to Town Meeting on whether each member from the precinct
listed in the warrant per Section 2 -6 of the Charter should be removed from Town
Meeting. The Chairman of each precinct or his designee shall make such
recommendations along with supporting evidence and rationale to Town Meeting.
2.2.7.3 Grouped by Precinct
The names of the Members subject to removal in accordance with Section 2 -6 of the
Charter shall be grouped by precinct in the warrant article required by said section.
2.2.8 Meetings Durinq Town Meeting
No appointed or elected board, committee, commission or other entity of Town government shall
schedule or conduct any hearing, meeting or other function during any hours in which an Annual,
Subsequent or Special Town Meeting is in session or is scheduled to be in session. Any such
board, committee or commission which schedules or holds a meeting or hearing on the same
calendar day, but at a time prior to a session of Town Meeting, shall adjourn or recess not less
than five (5) minutes prior to the scheduled session of Town Meeting.
Any board, committee or commission may, at the opening of any session of Town Meeting,
present to that Town Meeting an instructional motion requesting an exemption from this bylaw
and asking that Town Meeting permit it to meet at a date and hour at which a future session of
Town Meeting is scheduled, and may present reasons for Town Meeting to give such permission.
Notwithstanding the foregoing, any board, committee or commission which meets the
requirements of M.G.L. Chapter 39, Section 23B concerning emergency meetings may, upon
meeting such requirements, conduct such a meeting or hearing at a time scheduled for a Town
Meeting.
2.2.9 Rules Committee
The members of the Rules Committee, established under Section 2 -12 of the Charter, shall hold
an annual meeting within thirty (30) days after the adjournment of the Annual Town Meeting for
the purpose of electing a Chairman and a Clerk and to conduct whatever business may be
appropriate. Additional Rules Committee meetings may be called by the Chairman.
In the absence of a Chairman, the Moderator shall convene a meeting of the Rules Committee
within sixty (60) days after a vacancy for the purpose of electing a new Chairman.
11 Amended through April 2011
(JI
Town of Reading General Bylaw Article 3 - Town Offices and Town Officers
ARTICLE 3 TOWN OFFICES AND TOWN OFFICERS
3.1 Elected Town Officers
12
3.1.1 Board of Selectmen
The Board of Selectmen is hereby authorized and empowered to aid any city or town bordering
upon Reading in repairing and maintaining the physical properties of water supply systems of
said cities or towns under the authority of M.G.L. Chapter 40, Section 39H and may extend such
aid subject to such terms and conditions as said Board may impose.
3.2 Appointed Town Officers
3.2.1 Town Treasurer - Collector
3.2.1.1 Duties
The Town Treasurer - Collector shall collect, under the title of Town Treasurer - Collector
all accounts due the Town which are committed to him.
3.2.1.2 Collection and Abatement
Any account committed by the Town Accountant, which the Town Treasurer - Collector is
unable to collect by ordinary efforts, may be referred by the Town Treasurer - Collector to
the Town Accountant or Town Counsel for instruction as to procedure. So far as
permitted by law, any account or portion thereof may be abated by the department in
which such account originated subject to the approval of the Town Manager. The Town
Accountant shall be notified in writing of the abatement of any such committed account or
portion thereof.
3.2.1.3 Receipts
The Town Treasurer - Collector shall, at least once in each week, pay over to the
Treasurer's accounts all money received by him during the preceding week or lesser
period, including any sum received as interest on moneys received by him on all
accounts committed to him and deposited in any bank. He shall give bond to the Town for
the faithful performance of his duties in a form approved by the Commissioner of
Revenue and in such sum, not less than the amount that may be established by said
Commissioner, as shall be fixed by the Selectmen.
3.2.2 Town Accountant
Every department of the Town shall deliver to the Town Accountant at least once in every month
a separate statement of each account due the Town arising through any transaction with such
Department. Upon receipt of such statements of accounts, the Town Accountant shall commit
such accounts to the Town Treasurer - Collector for collection. This section shall not apply to
• taxes and special assessments, licenses and permits issued or granted by the various
departments of the Town,
• costs and fees charged by said departments,
• interest on investments of sinking or trust funds or
• accounts due the Municipal Light Department.
3.2.3 Town Clerk
3.2.3.1 Duties
The Town Clerk shall keep a record which contains a true copy of all deeds and
conveyances executed by the Board of Selectmen, or by any other authorized board or
person.
3.2.3.2 Filing at Registry of Deeds
The Town Clerk shall see that every conveyance to the Town of any interest in land and
any plan thereof are properly recorded in the Registry of Deeds.
Amended through April 201
9
Town of Reading
General Bylaw Article 3 - Town Offices and Town Officers
3.2.3.3 Town Meeting Votes
The Town Clerk shall furnish all official bodies with a copy of all Town Meeting votes
affecting them.
3.2.3.4 Reports to Town Meeting
Whenever any report of any official body or any minority report thereof is presented to a
Town Meeting, the Town Clerk shall cause the report to be entered in full upon the
regular record of the meeting.
3.2.3.5 Certification of Elections
As soon after election or appointment as practical the Town Clerk shall issue a written
notice stating the office to which each person has been elected or appointed to serve.
This written notice shall reference the requirement that they are required to take an oath
of office.
3.2.3.6 Annual Report
The Town Clerk shall cause to be permanently bound one or more copies of each Annual
Town Report, which shall be kept in the Town Hall.
3.3 Appointed Boards, Committees and Commissions
3.3.1 General
3.3.1.1 Recording Secretary
If resources permit, the Town Manager may appoint Recording Secretaries, as needed,
to the various boards, committees and commissions. A Recording Secretary shall not be
a member of the board, committee or commission.
3.3.1.2 Election of Officers
Each board, committee or commission shall meet at the call of the Chairman no earlier
than June 1 and no later than July 31 of each year and shall then elect its Chairman and
Vice Chairman for the new fiscal year.
3.3.1.3 Residency Required
Any member of any board, committee or commission, who shall cease to be an inhabitant
of the Town, shall immediately cease to be a member of the board, committee or
commission.
3.3.1.4 Removal for Absence
If any member of any board, committee or commission is absent from three (3) or more
successive meetings of the board, committee or commission, the other members of said
board, committee or commission may by an affirmative vote of its majority request the
appointing authority to remove such absenting member from his membership, and the
appointing authority may thereafter so remove such member and shall notify him by mail
of such removal.
3.3.1.5 Term of Office
The term of office of each member of boards, committees and commissions shall
commence on July 1 in the year of appointment, and shall expire on June 30 in the third
following calendar year, except the terms of the members of the Reading Housing
Authority are for five (5) years.
13 Amended through April
( Y
2
Town of Reading
14
3.3.2 Finance Committee
General Bylaw Article 3 - Town Offices and Town Officers
3.3.2.1 Duties
The Finance Committee shall consider all matters of business included within the Articles
of any warrant which involve the expenditure, appropriation and raising or borrowing of
money.
3.3.2.2 Recommendation to Town Meeting
The Finance Committee shall make a written recommendation on all Articles that it has
considered, and the Town Clerk shall make said written recommendations available to
each Town Meeting Member at least seven (7) days prior to the first business session of
the Annual Town Meeting, seven (7) days prior to the second Monday in November and
four (4) days prior to any Special Town Meeting. The said recommendations should be
those of a majority of the entire Committee but recommendations may also be made by a
minority of said Committee. The Committee's report shall also state the total amount of
appropriations recommended by it on the entire warrant.
3.3.2.3 Investigation
The Finance Committee, or its duly authorized agents, shall have authority at any time,
and upon the petition of one hundred (100) inhabitants of the Town or a vote of Town
Meeting, to investigate at once the books, accounts, records and management of any
official body, and to employ such expert and other assistants as it may deem advisable
for that purpose; and the books, records and accounts of any department and office of
the Town shall be open to the inspection of the Committee and any person employed by
it for that purpose. The Committee shall have no power to incur any expenses payable by
the Town without authority for such expenses having first been obtained from the
Moderator, and such expenses shall be paid from the Finance Committee Reserve Fund.
The Finance Committee shall make a report on every investigation setting forth its
findings and recommendations, and shall transmit such report(s) to Town Meeting.
3.3.2.4 Cannot Hold another Office
Any member of the Finance Committee, who shall be appointed or elected to any official
body, shall forthwith upon his qualification in such office, cease to be a member of the
Finance Committee. This provision shall not apply to the appointment of a Finance
Committee member to serve as a member of any ad hoc board, commission or
committee in the Town of Reading or to any board, commission or committee upon which
a member of the Finance Committee shall serve in an ex officio capacity.
3.3.3 Bylaw Committee
The Bylaw Committee shall report to Town Meeting on all proposed changes to the bylaw which
are included on the warrant for Town Meeting. Such report shall be prepared in writing and
included in the Finance Committee report as specified in Section 3.3.2.2 of this bylaw. The Bylaw
Committee may request proposals for bylaw amendments from official bodies and inhabitants.
The Bylaw Committee may submit Articles to amend the bylaw on the Warrant for Town Meeting
action.
3.3.4 Council on Aqinq
At least two (2) of its ten (10) members shall be over sixty -five (65) years of age.
3.3.5 Audit Committee
3.3.5.1 Membership
There shall be an Audit Committee consisting of seven (7) members. Members appointed
by each appointing authority shall have terms that expire in different years. No member of
the Audit Committee shall be a compensated Town employee. Notwithstanding the
provisions of Section 3.3.2.4 of this bylaw to the contrary, a Finance Committee member
Amended through April 2011
9
Town of Reading
15
General Bylaw Article 3 - Town Offices and Town Officers
may be a member of the Audit Committee. Two (2) members shall be appointed by the
Board of Selectmen, two (2) members shall be appointed by the School Committee, one
(1) member shall be appointed by the Reading Municipal Light Board, and two (2)
members shall be appointed by the Finance Committee.
3.3.5.2 Selection of Audit Firm
The Audit Committee shall determine the firm or firms of independent auditor(s) that is to
audit and report on the financial statements issued by the Town, including the Reading
Municipal Light Department. The Audit Committee shall review the audit plan with the
independent auditor(s) and, upon completion of the audit, meet with the independent
auditor(s) to discuss the results of the audit and the annual financial reports. The Audit
Committee shall transmit a copy of the completed annual audit and report to the Board of
Selectmen, the Finance Committee, the School Committee and the Reading Municipal
Light Board by the end of the calendar year within which the Fiscal Year covered by the
audit occurs.
Amended through April 2
Town of Reading General Bylaw Article 4 - Personnel
ARTICLE 4 PERSONNEL
4.1 Personnel
4.1.1 Purpose and Authorization
The purpose of the Personnel bylaw is to establish fair and equitable personnel policies and to
establish a system of personnel administration based on merit principles to ensure the uniform,
fair and efficient application of personnel policies. This bylaw is adopted pursuant to the authority
granted by Article LXXXIX of the Constitution of the Commonwealth and M.G.L. Chapter 41,
Sections 108A and 108C.
4.1.2 Application
All Town personnel shall be subject to the provisions of this Section 4.1 except for elected officers
and except for employees of the School Department and Municipal Light Department.
4.1.3 Administrative
The Board of Selectmen shall be responsible for the establishment and maintenance of a
personnel system based on merit principles, the classification and reclassification of positions, an
annual compensation plan, and the development and promulgation of personnel policies pursuant
.to Section 4.1.5 of this bylaw.
4.1.4 Personnel System
A personnel system shall be established by promulgation of policies pursuant to Section 4.1.5.
The Town Manager shall administer the personnel system. No employee may be appointed to a
position that is not included in the classification plan. The personnel system shall make use of
current concepts of personnel management and shall include but not be limited to the following
elements:
4.1.4.1 Administration
The maintenance of personnel records, the implementation of effective recruitment and
selection processes, the maintenance of the classification and compensation plans, the
monitoring of the application of personnel policies and periodic review and evaluation of
the personnel system.
4.1.4.2 Classification Plan
A position classification plan for all employees subject to this bylaw based on similarity of
duties performed and the responsibilities assigned, so that the same qualifications may
be reasonably required for, and the same schedule of pay may be equitably applied to, all
positions in the same class.
4.1.4.3 Compensation Plan
A compensation plan for all positions subject to this bylaw consisting of:
• A schedule of pay grades including minimum, maximum and intermediate rates for
each grade; and
• An official list indicating the assignment of each position to specific pay grades.
4.1.4.4 Recruitment and Selection Policy
A recruitment, employment, promotion and transfer policy to ensure that reasonable effort
is made to attract qualified persons and that selection criteria are job related.
4.1.4.5 Personnel Records
A centralized recordkeeping system maintaining essential personnel records.
4.1.4.6 Personnel Policies
The policies establishing the rights and benefits to which personnel employed by the
Town are entitled and the obligations of said employees to the Town.
16 Amended through April 2011
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Town of Reading General Bylaw Article 4 - Personnel
4.1.5 Adoption and Amendment of Personnel Policies
The. personnel policies defining the rights, benefits and obligations of employees subject to this
bylaw shall be adopted or amended as follows:
4.1.5.1 Preparation of Policies
Any member of the Board of Selectmen, the Town Manager, or any three (3) employees
may propose a new policy or a policy amendment for the Board of Selectmen's
consideration. The Board of Selectmen need not consider any proposal that has already
been considered in the preceding twelve (12) months. Any person proposing a new policy
or policy amendment shall provide the substance of the proposal and the reason therefor
to the Board in writing.
The Board of Selectmen shall hold a public hearing on any proposed policy or policy
amendment(s). Any proposed policy or policy amendment(s) shall be posted at least five
(5) days prior to the public hearing in prominent work locations, and copies of all
proposals shall be provided to representatives of each employee collective bargaining
unit.
4.1.5.2 Public Hearing
At the public hearing the proponent(s) shall present the proposed policy or policy
amendment(s), the purpose of the proposal, and the implication of any proposed change.
Any person may attend the public hearing, speak and present information. Within twenty
(20) days after such public hearing, the Board of Selectmen shall consider the proposed
policy or policy amendment(s) and may vote to adopt the policy or policy amendment(s),
with or without modifications, to reject the policy or policy amendment(s) or indicate that
further study is necessary.
4.1.5.3 Computation of Time
In computing time (days) under this bylaw, only days when the Town Hall is open for
business shall be counted.
4.2 Physical Qualifications for all Compensated Town Employees (including School
Department and Municipal Light Department)
4.2.1 Establishment of Job Requirements and Testing
Subject to any other provisions or requirements of federal or state law, executive order or
regulation, every official body having the authority to employ may establish the essential functions
for all employment positions, and may establish job - related employment tests or other selection
criteria for the positions in question; provided that the job - related employment tests or other
selection criteria do not screen out, or have the effect of screening out handicapped persons or
any class of handicapped persons, unless alternative job - related tests or criteria that do not
screen out or have the effect of screening out as many handicapped persons are not available.
4.2.2 Requirement of Medical Examination
Every person hereafter offered employment by the Town, excluding
• elected officials, and
• occasional or substitute employees
after conditionally being offered employment subject to the results of a medical examination, shall
undergo a medical examination conducted prior to the employee's entrance on duty. The purpose
of the medical examination is to determine if said employee can perform the essential functions of
the job. If deemed unfit to perform the duties of the position for which application has been made
the appointing authority shall withdraw the offer of employment.
4.2.3 Town Pays for Medical Exam
The cost of all examinations under this bylaw shall be paid in full by the town department which
has made the conditional offer of employment.
17 Amended through April 2
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Town of Reading General Bylaw Article 4 - Personnel
4.2.4 Designation of Approved Physician
The regularly appointed School Physician is approved for examination of School Department
employees. The Town Manager shall designate the physician for all other employees.
4.2.5 Confidentiality of Records
All information obtained in accordance with this bylaw regarding the medical condition or history
of an employee or conditional employee shall be collected and maintained on separate forms as
confidential medical records, except that:
• supervisors and managers may be informed regarding restrictions on the work or duties of
handicapped persons and any necessary accommodations;
• first aid and safety personnel may be informed, where appropriate, if the condition might
require emergency treatment; and
• government officials investigating compliance with the provisions of applicable federal laws
shall be provided relevant information upon request.
4.2.6 Applies upon Change of Employment
The provisions of this bylaw shall apply to all employees of the Town who seek a change of
employment with the Town.
4.2.7 Aggrieved Employee /Right of Appeal
In the event any employee or conditional employee is aggrieved by any action taken pursuant to
this bylaw, an appeal may be made in writing as follows:
• to the Board of Selectmen if the employee or conditional employee is a municipal government
employee or Library employee, or
• to the School Committee if the employee or conditional employee is an employee of the
School Department, or
• to the Reading Municipal Light Board if the employee or conditional employee is an employee
of the Reading Municipal Light Department.
Said appeal must be made within ten (10) days of the action complained of; and, after notice to all
parties affected there will be an opportunity for a hearing which will afford all necessary due
process rights to the parties in question, the Board of Selectmen or, School Committee, or the
Reading Municipal Light Board shall within thirty (30) days of the completion of a hearing
determine whether the bylaw was violated, or if the action taken was otherwise improper and
shall provide a prompt and equitable resolution of the complaint.
In the event of such an appeal, the aggrieved party shall authorize the disclosure of information
obtained regarding their medical condition or history to representatives of the Board of
Selectmen, the School Department or the Reading Municipal Light Department, as applicable.
4.2.8 Authorizing or Requiring
Nothing contained herein shall be construed as authorizing or requiring the employment of an
individual who cannot perform the essential functions of the job in question even with reasonable
accommodations, or who is not otherwise qualified for the job in question.
18 Amended through April 2011
Town of Reading General Bylaw Article 5 - Conduct of Town Business
ARTICLE 5 CONDUCT OF TOWN BUSINESS
5.1 Annual Town Reports and Records
5.1.1 Annual Town Report
All official bodies, and Town Counsel shall file an Annual Town Report of their activities with the
Board of Selectmen on or before the fifth Monday preceding the first business session of the
Annual Town Meeting of each year, and the Board of Selectmen shall cause such reports to be
included in the Annual Town Report.
5.1.2 Printing the Annual Town Report
The Board of Selectmen shall have the Annual Town Report completed not later than the first
Monday preceding the first business session of the Annual Town Meeting of each year.
5.1.3 Requirement to Keep Records
Each official body shall maintain detailed records of its proceedings and such records, excepting
as otherwise provided by law, shall be public records.
5.1.4 Board of Assessors' Records Part of the Annual Report
There shall be included as an integral part of the Annual Town Report the Board of Assessors'
records of abatements on real estate taxes, other than statutory exemptions as defined by M.G.L.
Chapter 59, Section 5, such records to include the name and address of the taxpayer, the
location of the property, and the total sum of money abated.
5.1.5 Roll Call Town Meeting Votes
The vote of each Town Meeting Member on all roll call votes recorded at a Town Meeting shall be
included in the Annual Town Report.
5.2 Resolution of Legal Matters
Town Counsel, or any other Special Counsel employed by the Board of Selectmen pursuant to
Section 6 -4 of the Charter, shall not make any final settlement of any litigation to which the Town is a
party unless he has been duly authorized by a vote of the Board of Selectmen, or by a vote of Town
Meeting. The Board of Selectmen shall have the authority to compromise and settle all suits involving
the payment by the Town of Twenty -Five Thousand ($25,000) Dollars or less, and they shall further
have the authority to compromise or settle all claims, actions, proceedings and suits arising under
Worker's Compensation or related disability insurance statutes involving payment by the Town of Fifty
Thousand ($50,000) Dollars or less. Town Meeting must approve the compromise or settlement of all
suits involving payment by the Town of more than Twenty -Five Thousand ($25,000) Dollars, except
claims, actions, proceedings and suits arising under Worker's Compensation or related disability
insurance statutes in which case Town Meeting must approve or compromise the settlement of all
such matters involving the payment by the Town of more than Fifty Thousand ($50,000) Dollars.
5.3 Rules and Regulations
5.3.1 Procedure for Adoption
All Town Agencies or Town Officers, as defined in Section 8 -7 of the Charter, shall comply with
the following procedures in the adoption or amendment of such rules or regulations which they
are empowered to adopt or amend pursuant to this bylaw, the Charter, the General Laws of the
Commonwealth or any other enabling act.
The provisions of this bylaw shall be in addition to the filing requirements of Section 8 -8 of the
Charter. The provisions of this bylaw shall not apply to the adoption, modification or amendment
of any rules or regulations for which a procedure is otherwise provided by general or special law
or to rules and regulations which relate primarily to the internal operations or procedure of a Town
Agency or Town Officer.
19 Amended through April 2011
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Town of Reading
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General Bylaw Article 5 - Conduct of Town Business
5.3.2 Requirement for Public Hearinq
No Town Agency or Town Officer shall adopt or amend any rule or regulation until after a public
hearing, notice of the time and place of which, and of the subject matter sufficient for
identification, shall be posted in a conspicuous place in the Town Hall for a period of not less than
seven (7) days before the date of such hearing and published in a newspaper of general
circulation in the Town not less than seven (7) days before the day of the hearing if such
newspaper exists.
Copies of the legal notice of any proposed rule or regulation or amendment thereto by any Town
Agency or Town Officer shall be supplied to the Board of Selectmen, the Finance Committee, the
Bylaw Committee and Town Counsel not less than seven (7) days prior to said hearing, and the
Board of Selectmen, Finance Committee, Bylaw Committee, or Town Counsel shall be supplied
with the full text of the proposed rule or regulation or amendment thereto upon request. The full
text of any proposed rule or regulation or amendment thereto shall be available to the public at
the office of the Town Clerk and at said hearing. Prior to the adoption or amendment of any such
rule or regulation, Town Counsel may render an opinion to the Town Agency or Town Officer
proposing such adoption or amendment.
5.3.3 Filing of Approved Rules and Regulations
Within ten (10) days of adoption a copy of every rule or regulation adopted or amended shall be
posted in a conspicuous place in the Town Hall for at least thirty (30) days, and a copy of all such
rules or regulations so adopted or amended shall be filed in the Office of the Town Clerk. As
provided in Section 8 -8 of the Charter, any such rules or regulations or amendments to rules or
regulations shall not become effective until ten (10) days following the date they are so filed.
5.3.4 Inhabitant Proposal of a Rule or Regulation
Any inhabitant of the Town may propose a rule or regulation or amendment to the same by
notifying the appropriate Town Agency or Town Officer in writing with a copy of the proposed rule
or regulation or amendment. Within ninety (90) days of the receipt thereof, the Town Agency or
Town Officer shall afford such inhabitant the opportunity to appear before said Town Agency or
Town Officer to present the rationale for the proposed rule or regulation or amendment. If the
Town Agency or Town Officer determines to adopt such rule, regulation or amendment, it shall
thereafter follow the provisions of this bylaw.
5.3.5 Notification to Inhabitant of Non - Adoption
If the Town Agency or Town Officer determines that it will not adopt such rule, regulation or
amendment, it shall give written notification of the same to the proposing inhabitant within thirty
(30) days of the meeting on the proposal.
Amended through April
0`
Town of Reading General Bylaw Article 6 - Financial Procedures
ARTICLE 6 FINANCIAL PROCEDURES
6.1 Capital Improvements Program
6.1.1 Submission of Project Requests
All official bodies shall submit their proposed capital outlays to the Town Manager as required by
the Town Manager.
6.1.2 Presentation to Town Meetinq
After submission of the Capital Improvements Program to the Board of Selectmen and the
Finance Committee, the Town Manager shall present to each Annual Town Meeting such
Program to be adopted by Town Meeting with or without amendment. The Capital Improvements
Program may be amended by action of any regular or special Town Meeting.
6.1.3 Adoption of Capital Improvements Program is not Authorization to Spend Funds
Adoption of the Capital Improvements Program shall not constitute authorization of the
expenditure of any funds. No funds may be appropriated for any capital item unless such item is
included in the Capital Improvements Program, and is scheduled for funding in the Fiscal Year in
which the appropriation is to be made.
6.2 Disposal of Surplus Property
6.2.1 Certain Disposition to be Approved by Town Meeting
Whenever an item or collection of items of tangible personal property with an estimated net value
of up to Five Thousand ($5,000) Dollars within the control of an official body, but excluding the
Municipal Light Board, shall be determined by that official body to be surplus, obsolete, salvage,
or beyond repair, it may be disposed of by sale, trade or otherwise, by the Town Manager with
the approval of the Finance Committee. Notwithstanding the foregoing, an item or collection of
items of tangible personal property, with an estimated net value of less than Five Thousand
($5,000) Dollars no longer useful to the Town but having resale or salvage value, may be
disposed of by the Town Manager with the approval of the Finance Committee, and without any
further approval by Town Meeting at less than fair market value to a charitable organization which
has received a tax exemption from the United States by reason of its charitable nature.
6.2.2 Non - Applicability to Library Materials
This bylaw shall not apply to the disposition of old books, magazines, periodicals, recordings and
printed materials in the custody of the Board of Library Trustees. Such disposition may be made
at the discretion of the Board of Library Trustees.
6.3 Delinquent Taxes: Denial, Revocation and Suspension of Permits and Licenses
6.3.1 Notice of Delinquencies to Departments
Pursuant to M.G.L. Chapter 40, Section 57 the Town Treasurer - Collector shall annually furnish to
each department, board, commission or division of the Town, that issues licenses or permits
including renewals and transfers, a list of any person, corporation or business enterprise,
hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees,
assessments, betterments or other municipal charges for not less than a twelve (12) month
period, and that such party has not filed in good faith a pending application for abatement of such
tax or a pending petition before the Appellate Tax Board.
6.3.2 Denial, Revocation. Suspension for Delinquencies
Each department, board, commission or division of the Town, that issues licenses or permits
including renewals and transfers may deny, revoke or suspend any license or permit, including
renewals and transfers of any party whose name appears on said list furnished by the Town
Treasurer - Collector; provided, however, that written notice is given to the parry and the Town
Treasurer - Collector as required by Section 6.3.6 hereof, and the party is given a hearing to be
held not earlier than fourteen (14) days after said notice. Said list shall be prima facie evidence
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Town of Reading
General Bylaw Article 6 - Financial Procedures
for denial, revocation or suspension of said license or permit to any party. The Town Treasurer -
Collector shall have the right to intervene in any hearing conducted with respect to such license
denial, revocation or suspension. Any findings made by the department, board, commission or
division of the Town, that issues licenses or permits including renewals and transfers with respect
to such license denial revocation or suspension shall be made only for the purposes of such
proceeding and shall not be relevant to or introduced in any other proceeding at law, except for
any appeal from such license denial, revocation or suspension.
Any license or permit denied, suspended or revoked under this section shall not be reissued or
renewed until the department, board, commission or division of the Town, that issues licenses or
permits including renewals and transfers receives a certificate issued by the Town Treasurer -
Collector that the party is in good standing with respect to the payment of all local taxes, fees,
assessments, betterments or other municipal charges as of the date of issuance of said
certificate.
6.3.3 Payment Agreement
Any party shall be given the opportunity to enter into a payment agreement, thereby allowing the
department, board, commission or division of the Town, that issues licenses or permits including
renewals and transfers to issue a certificate indicating that validity of the license or permit shall be
conditioned upon the satisfactory compliance with the payment agreement. Failure to comply with
the payment agreement shall be grounds for the suspension or revocation of a license or permit;
provided, however, that the holder shall be given notice and a hearing as required by Section
6.3.6 hereof prior to the suspension or revocation.
6.3.4 Waiver
The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no
direct or indirect business interest by the party, its officers or shareholders, if any, or members of
his immediate family, as defined by M.G.L. Chapter 268A, Section 1 in the business or activity
conducted in or on said property.
6.3.5 Non - Applicability
This section shall not apply to the following licenses and permits (as referenced to M.G.L.): open
burning, Chapter 48, Section 13; bicycle permits, Chapter 85, Section 11A; sales of articles for
charitable purposes, Chapter 101, Section 33; children work permits, Chapter 149, Section 69;
clubs, associations dispensing food or beverage licenses, Chapter 140, Section 21E; dog
licenses, Chapter 140, Section 137; fishing, hunting, trapping license, Chapter 131, Section 12;
marriage licenses, Chapter 207, Section 28, and theatrical events, public exhibition permits,
Chapter 140, Section 181.
6.3.6 Written Notice
Written notice as required by this bylaw shall be hand - delivered and a signed receipt obtained
therefore, or sent by registered or certified mail, return receipt requested, postage prepaid.
6.4 Surcharge on Details
Pursuant to M.G.L. Chapter 44, Section 53C, a fee of ten (10 %) percent of the cost of the services
authorized by said section for work performed by one of the Town's employees on an off -duty work
detail or for special detail work shall, except in the case of a city, town, district or the Commonwealth
of Massachusetts, be added to the cost of said services and paid by the persons requesting such
private detail.
6.5 Grant Fund Applications
Written notification of all grant fund applications to be submitted by any official body to any
government agency, qualified tax - exempt entity or private organization shall be promptly forwarded to
the Town Accountant, Town Manager and the Board of Selectmen.
22 Amended through April 2011
33
Town of Reading General Bylaw Article 7 - Regulation of the Use of Private Land
ARTICLE 7 REGULATIONS ON THE USE OF PRIVATE LAND
7.1 Wetlands Protection
7.1.1 Purpose
The purpose of this bylaw is to protect the floodplains and wetlands of the Town by controlling
activities deemed to have a significant effect upon wetland values, including but not limited to the
following: public or private water supply, groundwater, flood control, erosion control, storm
damage prevention, water pollution prevention, fisheries, wildlife habitat and wildlife.
7.1.2 Determination of Applicability
Any person desiring to know whether or not a proposed activity or an area is subject to this bylaw
may request a determination from the Conservation Commission in writing. The Conservation
Commission shall issue its determination, in writing, within twenty -one (21) days from the receipt
of such request.
7.1.3 Notice to the Conservation Commission
No person shall remove, fill, dredge or alter the following resource areas: bank; fresh water
wetland; marsh; meadow; bog; swamp; creek; river; stream; pond; lake; lands under water
bodies; land within one hundred feet of any of the preceding resource areas; land subject to
flooding; and riverfront area, other than in the course of maintaining, repairing or replacing, but
not substantially changing or enlarging an existing and lawfully located structure or facility used in
the service of the public and used to provide electric, gas, water, sanitary sewer, storm drainage,
public roadway, telephone, telegraph and other telecommunication services, without filing written
notice of his intention to so remove, fill, dredge or alter and without receiving and complying with
an Order of Conditions, and provided all appeal periods have elapsed. Said resource areas shall
be protected whether or not they border surface waters. Such notice shall be sent by certified
mail or hand delivered to the Reading Conservation Commission, including such plans as may be
necessary to describe such proposed activity and its effect on the environment.
7.1.4 Concurrent Notice and Hearings to Meet State Law Requirements
The same Notice of Intent, plans and specifications required to be filed by an applicant under
M.G.L. Chapter 131, Section 40 will be accepted as fulfilling the applicable requirements of this
bylaw. The Conservation Commission may adopt and impose project review changes in
accordance with regulations adopted pursuant hereto. Town projects are exempt from review
fees under Section 7.1.14.
All hearings and public meetings held under M.G.L. Chapter 131, Section 40 when it applies, and
under this bylaw shall be held simultaneously, whenever possible. Definitions, time frames and
procedures, not inconsistent with this bylaw or the regulations adopted pursuant hereto, set forth
in said Section 40, and in the regulations promulgated by the Department of Environmental
Protection, as the same may from time to time be amended, are hereby made a part of this
bylaw.
Notwithstanding any definitions set forth in said Section 40, and in the regulations promulgated by
the Department of Environmental Protection, the following definitions are hereby also made a part
of this bylaw and shall control whenever there is a conflict between the different definitions:
7.1.4.1 Activity
Shall also include the installation of any utility conduit system including but not limited to
drainage, sewage and water systems; and changing of the chemical, thermal or biological
characteristics of land or water.
7.1.4.2 Alter
Shall mean to impact by any activity, any area subject to protection under this bylaw.
7.1.4.3 Bordering Vegetated Wetland
23 Amended through April 2011
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Town of Reading
General Bylaw Article 7 - Regulation of the Use of Private Land
Shall include any wetland that touches any creek, river, stream, whether permanent or
intermittent, pond or lake, or the bank of any of the preceding resource areas.
7.1.4.4 Buffer Zone
Shall include land extending one hundred (100) feet horizontally outward from the
boundary of any area subject to protection under this bylaw, except land subject to
flooding or riverfront area.
7.1.4.5 Ditch
Shall mean any man -made trench or furrow that has not altered any creek, river, stream,
pond or lake, or the bank of any of the preceding resource areas, or wetland.
7.1.4.6 Floodplain
Shall be synonymous with land subject to flooding.
7.1.4.7 Groundwater
Shall be synonymous with groundwater supply.
7.1.4.8 Stream
Shall mean a body of flowing water, whether permanent or intermittent, moving along a
hydraulic gradient.
7.1.4.9 Rare Species
Shall also include those plant species listed as rare, threatened or endangered by the
Massachusetts Division of Fisheries and Wildlife Natural Heritage Program.
7.1.4.10 Riverfront Area
Shall be as defined in 310 CMR 10.00, as amended.
7.1.4.11 Wetlands
Shall mean lands where the water table is at or near the surface or the land is covered by
shallow water. This shall include swamps, wet meadows, bogs and marshes, creeks,
rivers, streams, ponds and lakes. Wetlands have one or more of the following three
attributes:
• At least periodically the land supports predominantly hydrophytic vegetation;
• The substrate is predominately undrained hydric soil;
• The substrate is saturated with water or covered by shallow water at some time
during the growing season of each year.
7.1.5 Definition of "Person"
The term "person ", as used in this bylaw, shall include any individual, group of individuals,
association, partnership, corporation, company, business organization, trust, estate, the
Commonwealth whenever subject to Town bylaw, or any political subdivision of the
Commonwealth whenever subject to Town bylaw, administrative agency, public or quasi - public
corporation or body, or any other legal entity or its legal representative, agents or assigns.
7.1.6 Authority to Enter upon Lands
The Conservation Commission, its agent, officers and employees, may enter upon the land upon
which the proposed work is to be done in response to a request for a determination, or for the
purpose of carrying out its duties under this bylaw, and may make or cause to be made such
examination or survey as deemed necessary.
7.1.7 Authority to Deny Application
The Conservation Commission is empowered to deny permission for any activity that is likely to
remove, dredge, fill or alter subject lands within the Town if, in its judgment, such denial is
necessary for the protection of public or private water supply, groundwater, flood control, erosion
control, storm damage prevention, or the prevention of pollution or the protection of fisheries or
wildlife.
24 Amended through April 2
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Town of Reading General Bylaw Article 7 - Regulation of the Use of Private Land
7.1.8 Authority to Impose Conditions
The Conservation Commission may, as an alternative to a denial, impose such conditions as it
deems necessary to contribute to the protection and preservation of the subject lands in
accordance with the purposes of this bylaw.
7.1.9 Authority to Require Posting of Bonds
The Conservation Commission may require the posting of a bond with surety, running to the
municipality, and sufficient as to form and surety in the opinion of the Commission's Counsel, to
secure faithful and satisfactory performance of work required by any Order of Conditions, in such
sum and upon such conditions as the Conservation Commission may require. Other evidence of
financial responsibility which is satisfactory to the Conservation Commission may be accepted in
lieu of bonding.
Notwithstanding the above, the amount of such bond shall not exceed the estimated cost of the
work required or the restoration of affected lands and properties if the work is not performed as
required, whichever is greater. Forfeiture of any such bond or other security shall be recoverable
at the suit of the municipality in Superior Court. Such bond or other security shall be released
upon issuance of a Certificate of Compliance.
7.1.10 Emergency Projects
The notice required by Section 7.1.3 of this Bylaw shall not apply to emergency projects
necessary for the protection of the health and safety of the citizens of Reading, and to be
performed or ordered to be performed by an administrative agency of the Commonwealth or by
the Town. Emergency projects shall mean any projects certified to be an emergency by the
Conservation Commission. In no case shall any removal, filling, dredging or altering authorized by
such certification extend beyond the time necessary to abate the emergency.
7.1.11 Mosquito Control Exempt
The provisions of this bylaw shall not apply to any mosquito control work done under the
provisions of'of M.G.L. Chapter 40, Section 5 Clause (36) or M.G.L. Chapter 252.
7.1.12 Agricultural Work Exempt
The provisions of this bylaw shall not apply to work performed for normal maintenance or
improvement of lands in agricultural use as of the effective date of this bylaw.
7.1.13 Appeal of Decisions
A decision of the Conservation Commission shall be reviewable in the Massachusetts Superior
Court in accordance with M.G.L. Chapter 249, Section 4.
7.1.14 Authority to Charge Fees to Hire Consultants
The Conservation Commission is authorized to require an applicant to pay a fee for the
reasonable costs and expenses borne by the Conservation Commission for specific expert
engineering, and other consultant services deemed necessary by the Conservation Commission
to come to a final decision on an application for Determination of Applicability, Notice of Intent or
other application or filing made pursuant to this bylaw. This fee is called the consultant fee and
shall be in the maximum amount of Twenty -Five Thousand ($25,000) Dollars. The specific
consultant services may include but are not limited to, resource area and wetlands survey and
delineation, analysis of resource area and wetlands values, including wildlife habitat evaluations,
hydrogeologic and drainage analysis, and environmental or land use law.
The Conservation Commission may require the payment of the consultant fee at any point in its
deliberations prior to a final decision. If a revolving fund for the consultant expense fee is
authorized by Town Meeting, or by any general or special law, the consultant fee shall be put into
such revolving fund. The Commission may draw upon that fund for specific consultant services
approved by the Commission at one of its public meetings. Any unused portion of the consultant
fee shall be returned to the applicant unless the Conservation Commission decides at a public
meeting that other action is necessary. Any applicant aggrieved by the imposition of, or size of,
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Town of Reading
General Bylaw Article 7 - Regulation of the Use of Private Land
the consultant fee, or any act related thereto, may appeal according to the provisions of
Massachusetts General Laws.
The minimum qualifications of any consultant selected by the Conservation Commission shall
consist either of an education degree in or related to the field at issue or three or more years of
practice in the field at issue or a related field.
7.1.15 Authority to Issue Enforcement Orders
The Conservation Commission may issue enforcement orders directing compliance with the
provisions of this bylaw and the regulations adopted pursuant thereto, and may undertake any
other enforcement action authorized by law. Any person who violates the provisions of this bylaw
or the regulations adopted pursuant thereto may be ordered to restore the property to its original
condition and take other actions deemed necessary to remedy such violations.
In addition to any other means of enforcement, the provisions of this bylaw and the regulations
adopted pursuant thereto may be enforced by non - criminal disposition in accordance with the
provisions of Section 1.7 of this bylaw, and M.G.L. Chapter 40, Section 21 D, and for the purposes
of such non - criminal disposition the term "enforcing person" shall mean any member of the
Conservation Commission, the Conservation Administrator, or his designee.
7.1.16 Violations
No person shall remove, fill, dredge or alter any area subject to protection under the provisions of
this bylaw without the required authorization, or cause, suffer or allow such activity, or leave in
place unauthorized fill, or otherwise fail to restore illegally altered land to its original condition, or
fail to comply with an enforcement order issued pursuant to the provisions of this bylaw. Each day
such violation continues shall constitute a separate offense except that any person who fails to
remove unauthorized fill or otherwise fails to restore illegally altered land to its original condition
after giving written notification of said violation to the Conservation Commission shall not be
subject to additional penalties under this bylaw, unless said person thereafter fails to comply with
an enforcement order or order of conditions.
7.1.17 Authority to Promulgate Rules
After due notice and public hearing, the Conservation Commission may promulgate rules and
regulations to effectuate the administration of this bylaw. However, failure to promulgate rules and
regulations as herein provided, or a legal declaration by a court of law of the invalidity of any
section or provision of this bylaw, shall not invalidate any other section or provision thereof.
7.2 Demolition of Structures of Potential Historical Significance
7.2.1 Purpose
The purpose of this bylaw is to preserve and protect historically significant structures within the
Town which reflect or constitute distinctive features of the architectural, cultural, economic,
political or social history of the Town and to encourage owners of such structures to seek out
persons who might be willing to purchase, preserve, rehabilitate or restore such structures rather
than demolish them. To achieve these purposes, the Reading Historical Commission is
empowered to advise the Building Inspector with respect to the issuance of permits for demolition
of such historically significant structures. The issuance of demolition permits for such historically
significant structures is regulated as provided in this bylaw.
7.2.2 Definitions
7.2.2.1 Business Day
A day which is not a legal municipal holiday, Saturday or Sunday.
7.2.2.2 Demolition
Any act of pulling down, destroying, removing or razing a structure or commencing the
work of total or substantial destruction with the intent of completing the same.
26 Amended through April 20
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Town of Reading General Bylaw Article 7 - Regulation of the Use of Private Land
7.2.2.3 Emergency Demolition
In the event of an imminent danger to the safety of the public, nothing in this bylaw shall
restrict the Building Inspector from immediately ordering the demolition of any structure or
any part thereof.
7.2.2.4 Potentially Significant Structure
Any structure or a portion of a structure that:
• Is listed on, or is within an area listed on, the National Register of Historic Places, the
Massachusetts Historical Register of Historic Places, or is the subject of a pending
application for listing on said registers or;
• Is included in the Historical and Architectural Inventory, as of September 1, 1995,
maintained by the Reading Historical Commission or structures for which complete
historical and architectural survey forms may be pending as of that date or;
• Has been determined by an affirmative vote of at least four (4) members of the
Commission to be historically or architecturally significant in terms of period, style,
method of building construction or association with a significant architect, builder or
resident either by itself or as part of a group of buildings, provided that the owner of
such a structure and the Building Inspector have been notified in hand or by certified
mail at least thirty (30) days prior to such vote.
7.2.2.5 Preferably Preserved Historic Structure
Any historically significant structure which is determined by the Commission to be in the
public interest to preserve because of the important contribution made by such structure
to the historical and /or cultural resources of the Town.
7.2.2.6 Commission
The Reading Historical Commission.
7.2.2.7 Structure
Materials assembled at a fixed location to give support or shelter, such as a building,
framework, wall, tent, reviewing stand, platform or the like.
7.2.3 Procedures
7.2.3.1 Inventory of Potentially Significant Structures
The Commission will provide a listing of Potentially Significant Structures to the Building
Inspector. This list is subject to the following criteria and periodic modification:
Criteria for Potentially Significant Structures:
• The structure is determined to be importantly associated with one or more historic
persons or events, or
• Is determined to be associated with the broad architectural, cultural, economic or
social history of the Town or Commonwealth, or
• The structure is defined in Definition 7.2.2.4 as a Potentially Significant Structure.
7.2.3.2 Referral by Building Inspector
Upon the receipt of a completed application form for a Demolition Permit for a Potentially
Significant Structure, the Building Inspector shall immediately forward a copy thereof to
the Commission for review.
7.2.3.3 Initial Determination
Within fourteen (14) days of the date upon which the Commission receives the demolition
application, the Commission shall make an Initial Determination that is:
• Positive if the structure is historically inventoried, or in the process of being
inventoried or determined by the Commission to have historic significance, or
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General Bylaw Article 7 - Regulation of the Use of Private Land
• Negative if the Initial Determination is negative, the property is no longer subject to
this bylaw, and the Building Inspector may act on the Demolition Permit.
7.2.3.4 Hearing
If the Initial Determination is positive, the Commission shall hold a public hearing on the
application within twenty -one (21) days of the Initial Determination and shall give public
notice of the time, place and purpose of the hearing in a local newspaper at least
fourteen (14) days before said hearing; at least seven (7) days before said hearing, the
Commission shall mail a copy of said notice to the applicant, to the owner(s) of all
property deemed by the Commission to be affected thereby as they appear on the most
recent local tax list, and to such other persons as the Commission shall" deem entitled to
notice.
The Commission may require that the applicant maintain on the property, which is the
subject of a Demolition Permit application, a notice in a form designated by the
Commission, visible from the nearest public way, of any hearing on the subject matter of
such application. The applicant shall be responsible for costs associated with the mailing,
posting or publishing of the required notices.
No less than five (5) business days before the public hearing, the applicant shall submit
three (3) copies of a demolition plan which shall include the following:
• An assessor's map or plot plan showing the location of the structure to be
demolished on its property with reference to the neighboring properties;
• Photographs of all facade elevations;
• A description of the structure to be demolished;
• The reasons for the proposed demolition and data supporting said reason;
• A brief description of the proposed reuse of the property on which the structure to be
demolished is located.
7.2.3.5 Early Release
If, after the close of such hearing, the Commission determines that the demolition of the
Potentially Significant Structure would not be detrimental to the historical or architectural
heritage or resources of the Town, the Commission shall so notify the Building Inspector
within fifteen (15) business days of the conclusion of the hearing.
Upon receipt of such notification, or after the expiration of the fifteen (15) days, the
Building Inspector may act on the Demolition Permit if he has not received notification
from the Commission.
7.2.3.6 Preferably Preserved Historic Structure
If the Commission determines that the demolition of the Potentially Significant Structure
would be detrimental to the historical or architectural heritage or resources of the Town,
such structure shall be considered a Preferably Preserved Historic Structure. The
Commission shall so advise the applicant and the Building Inspector, and a Demolition
Permit may be delayed up to six (6) months after the conclusion of the hearing during
which time alternatives to demolition shall be considered. The Commission shall offer the
owner information about options other than demolition, such as resources in the
preservation field, the Massachusetts Historical Commission, the Town Planner, and
other interested parties that might provide assistance in preservation, funding and /or
adaptive reuse.
7.2.3.7 Responsibility of Owner and Applicant
The owner of record shall be responsible for participating in the investigation of options to
demolition by actively seeking alternatives with the Commission and any interested
parties, by providing any necessary information, by allowing reasonable access to the
property, and by securing the premises.
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7.2.4 Release of Delay
Notwithstanding the preceding section of this bylaw, the Building Inspector may issue a
Demolition Permit for a Preferably Preserved Historic Structure at any time after receipt of written
advice from the Commission to the effect that either:
• The Commission is satisfied that there is no reasonable likelihood that either the owner or
some other person or group is willing to purchase, preserve, rehabilitate or restore such
building; or
• The Commission is satisfied that during the delay period the owner has made continuing,
bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore
the subject structure, and that such efforts have been unsuccessful.
• As a condition of releasing the delay enforcement, the Commission may require the applicant
to submit measured drawings or other documentation for the Town's historic records.
7.2.5 Emergency Demolition
Nothing in this Section shall be construed to derogate in any way from the authority of the
Building Inspector derived from M.G.L. Chapter 143. However, before acting pursuant to that
Chapter, the Building Inspector shall make every reasonable effort to inform the Chairperson of
the Commission of his intentions to cause demolition before he initiates same.
7.2.6 Enforcement and Remedies
In the event a structure governed by this bylaw is demolished in violation of this bylaw, then no
building permit shall be issued for the premises for a period of two (2) years after the date of such
demolition. As used herein "premises" includes the parcel of land upon which the demolished
structure was located and all adjoining parcels of land under common ownership or control.
7.3 Local Historic District
The Town of Reading hereby establishes a Local Historic District, to be administered by a Historic
District Commission as provided for under M.G.L. Chapter 40C, Section1, et seq., as amended.
7.3.1 Purpose
The purpose of this bylaw is to promote the economic, educational, cultural and general welfare
of the inhabitants of the Town of Reading through:
• the preservation and protection of the distinctive characteristics and architecture of Buildings
and places significant in the history of the Town of Reading;
• maintaining and improving of the settings of these Buildings and places; and
• the encouragement of building design compatible with the Buildings existing in the area, so
as to maintain the historic character of residences or commercial enterprises which
distinguish the town as a desirable community.
7.3.2 Definitions
The terms defined in this section shall be capitalized throughout this bylaw. Where a defined term
has not been capitalized, it is intended that the meaning of the term be the same as the meaning
ascribed to it in this section unless another meaning is clearly intended by its context. As used in
this bylaw, the following terms shall have the following meaning:
7.3.2.1 Alteration, to Alter
The act or the fact of rebuilding, reconstruction, restoration, replication, removal,
demolition, and other similar activities.
7.3.2.2 Building
A combination of materials forming a shelter for persons, animals or property.
7.3.2.3 Certificate
A Certificate of Appropriateness, a Certificate of Non - Applicability, or a Certificate of
Hardship as set forth in this bylaw.
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7.3.2.4 Commission
The Historic District Commission as established in this bylaw.
7.3.2.5 Construction, to Construct
The act or the fact of building, erecting, installing, enlarging, moving and other similar
activities.
7.3.2.6 Display Area
The total surface area of a sign, including all lettering, wording, designs, symbols,
background and frame, but not including any support Structure or bracing incidental to
the sign. The Display Area of an individual letter sign or irregular shaped sign shall be the
area of the smallest rectangle into which the letters or shape will fit. Where sign faces are
placed back to back and face in opposite directions, the Display Area shall be defined as
the area of one face of the sign.
7.3.2.7 District
The Local Historic District as established in this bylaw consisting of one or more District
areas.
7.3.2.8 Exterior Architectural Feature
Such portion of the exterior of a Building or structure as is open to view from a Public
Way or ways, including but not limited to architectural style and general arrangement and
setting thereof, the kind and texture of exterior building materials, and the type and style
of windows, doors, lights, signs and other appurtenant exterior fixtures.
7.3.2.9 Person Aggrieved
The applicant; an owner of adjoining property; an owner of property within the same
District area; an owner of property within one hundred (100) feet of said District area; and
any legal entity in which one of its purposes is the preservation of Historic Places,
Structures, Buildings or Districts.
7.3.2.10 Public Way
This term shall include Public Ways, public streets, public parks, and public bodies of
water. The term "Public Way ", however, shall not include a footpath, cart path or any
easement or right of way that does not constitute a Public Way or public street.
7.3.2.11 Structure
A combination of materials other than a Building.
7.3.2.12 Temporary Structure or Building
A Building not to be in existence for a period of more than two years. A Structure not to
be in existence for a period of more than one year. The Commission may further limit the
time periods set forth herein as it deems appropriate.
7.3.3 District
The District shall consist of one or more District Areas as listed in Appendix B1.
7.3.4 Commission Composition and Appointments
7.3.4.1 Size and Terms
The District shall be overseen by a Commission consisting of five (5) members, to be
appointed by the Board of Selectmen, one member initially to be appointed for one year,
two for two years, and two for three years, and each successive appointment to be made
for three years.
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7.3.4.2 Commission Make -up
The Commission shall include, if possible, one member from one or more nominees
solicited from the Reading Antiquarian Society, one member from one or more nominees
solicited from the chapter of the American Institute of Architects covering Reading; one
member from one or more nominees from the Board of Realtors covering Reading; one
or two property owners from the District area; one member nominated by the Reading
Historical Commission. If, within thirty (30) days after submission of a written request for
nominees to any of the organizations herein named, insufficient nominations have been
made, the Board of Selectmen may proceed to make appointments as it desires.
7.3.4.3 Alternates
The Board of Selectmen may appoint up to four alternate members to the Commission. In
the case of the absence, inability to act or unwillingness to act because of self- interest on
the part of a regular member of the Commission, his or her place shall be taken by an
alternate member designated by the Chairman. Said alternate members shall initially be
appointed for terms of one or two years, and for three year terms thereafter.
7.3.4.4 Continuation of Terms
Each member and alternate member shall continue to serve in office after the expiration
date of his or her term until a successor is duly appointed.
7.3.4.5 Meetings
Meetings of the Commission shall be held at the call of the Chairman, at the request of
two members and in such other manner as the Commission shall determine in its Rules
and Regulations.
7.3.4.6 Quorum
Three members of the Commission shall constitute a quorum.
7.3.5 Commission Powers and Duties
7.3.5.1 Exercise of Powers
The Commission shall exercise its powers in administering and regulating the
Construction and Alteration of any Structures or Buildings within the District as set forth
under the procedures and criteria established in this bylaw. In exercising its powers and
duties hereunder, the Commission shall pay due regard to the distinctive characteristics
of each Building, Structure, and District area.
7.3.5.2 Adoption of Rules and Regulations
The Commission may adopt, and from time to time amend, reasonable Rules and
Regulations not inconsistent with the provisions of this bylaw or M.G.L. Chapter 40C,
setting forth such forms and procedures as it deems desirable and necessary for the
regulation of its affairs and conduct of its business, including requirements for the
contents and forms of applications for Certificates, fees, hearing procedures and other
matters. The Commission shall file a copy of any rules and regulations with the office of
the Town Clerk.
7.3.5.3 Adoption of Guidelines
The Commission, after a public hearing duly posted and advertised at least fourteen (14)
days in advance in a conspicuous place in Town Hall and in a newspaper of general
circulation in Reading, shall adopt and from time to time amend guidelines which set forth
the designs and descriptions for certain exterior architectural features which are, in
general, suitable for the issuance of a Certificate. No such design guidelines shall limit
the right of an applicant for a Certificate to present other designs to the Commission for
approval.
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7.3.5.4 Election of Officers
The Commission shall at the beginning of each fiscal year hold an organizational meeting
and elect a Chairman, a Vice Chairman and Secretary, and file notice of such election
with the office of the Town Clerk.
7.3.5.5 Record Keeping
The Commission shall follow Town operating procedures for keeping its resolutions,
transactions, decisions and determinations.
7.3.5.6 Community Education
The Commission shall undertake educational efforts to explain to the public and property
owners the merits and functions of a District, to the extent that time and appropriations
allow.
7.3.6 Alterations and Construction Prohibited Without a Certificate
7.3.6.1 Certificate Required for Improvements
Except as this bylaw provides, no Building or Structure or part thereof within a District
shall be Constructed or Altered in any way that affects the Exterior Architectural Features
as visible from a Public Way, unless the Commission shall first have issued a Certificate
with respect to such Construction or Alteration.
7.3.6.2 No Alteration or Demolition without Certificate
No building permit for Construction of a Building or Structure or for Alteration of an
Exterior Architectural Feature within a District and no demolition permit for removal of a
Building or Structure within a District shall be issued by the Town or any department
thereof until a Certificate as required under this bylaw has been issued by the
Commission.
7.3.7 Procedures for Review of Applications
7.3.7.1 Application to Obtain a Certificate
Any person who desires to obtain a Certificate from the Commission shall file with the
Commission an application for a Certificate of Appropriateness, or Non - Applicability or of
Hardship, as the case may be. The application shall be accompanied by such plans,
elevations, specifications, material and other information, including in the case of
demolition or removal, a statement of the proposed condition and appearance of the
property thereafter, as may be reasonably deemed necessary by the Commission to
enable it to make a determination on the application. The Commission shall determine
whether said application involves any Exterior Architectural Features which are within the
jurisdiction of the Commission.
7.3.7.2 Time to Determine if Certificate Required
The Commission shall determine within fourteen (14) days of receiving an application for
a Certificate whether said application involves any Exterior Architectural Features which
are within the jurisdiction of the Commission.
7.3.7.3 Certificate of Non - applicability
If the Commission determines that an application for a Certificate does not involve any
Exterior Architectural Features, or involves an Exterior Architectural Feature that is not
subject to review by the Commission under the provisions of this bylaw, the Commission
shall forthwith issue a Certificate of Non - Applicability.
7.3.7.4 Public Hearing on Application
If the Commission determines that such application involves any Exterior Architectural
Feature subject to review under this bylaw, it shall hold a public hearing on the
application, except as may otherwise be provided in the bylaw. The Commission shall
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hold such a public hearing within forty -five (45) days from the date of receiving the
application. At least fourteen (14) days before said hearing, notice shall be given by
posting in a conspicuous place in Town Hall and in a newspaper of general circulation in
Reading. Concurrently, a copy of said public notice shall be mailed to the applicant; to the
owners of all properties within three hundred 300 feet, and of other properties deemed by
the Commission to be materially affected thereby, all as they appear on the most recent
applicable tax list; to the Community Planning and Development Commission; to the
Historical Commission; to any person filing a written request for notice of hearings, such
request to be renewed yearly in December; and to such other persons as the
Commission shall deem entitled to notice. The applicant is responsible for the costs of
the mailing and advertising.
7.3.7.5 Waiver of Hearing
A public hearing on an application for a Certificate may be waived if the Commission
determines that the Exterior Architectural Feature involved, or its category, is so
insubstantial in its effect on the District that it may be reviewed by the Commission
without a public hearing. If the Commission dispenses with a public hearing on
application for a Certificate notice of such application shall be given to the owners of all
property within three hundred 300 feet and of other property deemed by the Commission
to be materially affected thereby as above provided, and ten (10) days shall elapse after
the mailing of such notice before the Commission may act upon such application and
after considering any responses.
7.3.7.6 Time to Act on Application for Certificate
Within sixty (60) days after the filing of an application for a Certificate, or within such
further time as the applicant may allow in writing, the Commission shall issue a Certificate
or disapproval. In the case of a disapproval of an application for a Certificate, the
Commission shall set forth in writing the reasons for such disapproval. The Commission
may include in its disapproval specific recommendations for changes in the applicant's
proposal with respect to the appropriateness of design, arrangement, texture, material
and similar features which, if made and filed with the Commission in a subsequent
application would make the application acceptable to the Commission.
7.3.7.8 Conditions on Certificates
In issuing Certificates, the Commission may, as it deems appropriate, impose certain
conditions and limitations, and may require architectural or plan modifications consistent
with the intent and purpose of this bylaw and the Commission's Guidelines.
7.3.7.9 Issuance of Certificate of Appropriates
If the Commission determines that the Construction or Alteration for which an application
for a Certificate of Appropriateness has been filed will be appropriate for or compatible
with the preservation or protection of the District, the Commission shall issue a Certificate
of Appropriateness.
7.3.7.10 Certificate of Hardship
If the Construction or Alteration for which an application for a Certificate of
Appropriateness has been filed shall be determined to be inappropriate and therefore
disapproved, or in the event of an application for a Certificate of Hardship, the
Commission shall determine whether, owing to the conditions especially affecting the
Building or Structure involved, but not affecting the District generally, failure to approve
an application will involve a substantial hardship, financial or otherwise, to the applicant
and whether such application may be approved without substantial detriment to the public
welfare and without substantial derogation from the intent and purposes of this bylaw. If
the Commission determines that owing to such conditions failure to approve an
application will involve substantial hardship to the applicant and approval thereof may be
made without such substantial detriment or derogation, the Commission shall issue a
Certificate of Hardship.
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7.3.7.11 Filing of Decisions
The Commission shall send a copy of its disapprovals and Certificates, including any
conditions or limitations, to the applicant and shall file a copy of its disapprovals and
Certificates, including any conditions or limitations, with the office of the Town Clerk and
the Building Inspector. The date of issuance of a Certificate or disapproval shall be the
date of the filing of a copy of such Certificate or disapproval with the office of the Town
Clerk.
7.3.7.12 Failure to Act
If the Commission should fail to issue a Certificate or a disapproval within sixty (60) days
of the filing of the application for a Certificate, or within such further time as the applicant
may allow in writing, the Commission shall thereupon issue a Certificate of Hardship due
to failure to act.
7.3.7.13 Signing of Certificates
Each Certificate issued by the Commission shall be dated and signed by its Chairman or
such other person designated by the Commission to sign such Certificates on its behalf.
7.3.7.14 Appeal for Review of Decisions
A Person Aggrieved by a determination of the Commission may, within twenty (20) days
of the issuance of a Certificate or disapproval, file a written request with the Commission
for a review by a person or persons of competence and experience in such matters,
acting as arbitrator and designated by the Metropolitan Area Planning Commission
(MAPC). The finding of the person or persons making such review shall be filed with the
Town Clerk within forty -five (45) days after the request, and shall be binding on the
applicant and the Commission, unless a further appeal is sought in the Superior Court as
provided in M.G.L. Chapter 40C Section 12A. The filing of such further appeal shall occur
within twenty (20) days after the finding of the arbitrator has been filed with the office of
the Town Clerk.
7.3.8 Criteria for Determinations
7.3.8.1 Criteria
In deliberating on applications for Certificates, the Commission shall consider, among
other things, the historic and architectural value and significance of the site, Building or
Structure; the general design, proportions, detailing, mass, arrangement, texture, and
material of the Exterior Architectural Features involved; and the relation of such Exterior
Architectural Features to similar features of Buildings and Structure in the surrounding
area.
7.3.8.2 Appropriateness of New Construction and Additions
In the case of new Construction or additions to existing Buildings or Structures, the
Commission shall consider the appropriateness of the scale, shape, sitting and
proportions of the Building or Structure both in relation to the land area upon which the
Building or Structure is situated and in relation to Buildings and Structures in the vicinity.
The Commission may in appropriate cases impose dimensional and setback
requirements in addition to those required by applicable statute or bylaw.
7.3.8.3 Interior Arrangements Exempt
The Commission shall not consider interior arrangement or architectural features not
subject to view from a Public Way.
7.3.8.4 Uses Exempt
The Commission shall not consider uses for the Building or Structure.
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7.3.8.5 Solar Energy Encouraged
When ruling on applications for Certificates on solar energy systems as defined in M.G.L.
Chapter 40A, Section 1A, the Commission shall consider the policy of the
Commonwealth of Massachusetts to encourage the use of solar energy systems and to
protect solar access.
7.3.9 Exclusions
7.3.9.1 Exclusions
The Commission shall exclude from its purview the following:
• Temporary Buildings, Structures, or signs, subject, however, to conditions pertaining
to the duration of existence and use, location, lighting, removal and similar matters as
the Commission may reasonably specify.
• Terraces, walks, driveways, sidewalks and similar Structures, provided that any such
Structure is substantially at grade level.
• Storm windows.and doors, screen windows and doors, shutters, and window and wall
air conditioners.
• The color of exterior paint or the color of materials used on roofs.
• Flagpoles, sculpture, mailboxes (freestanding or attached), window boxes, gutters
and leaders, house numbers, and garden furniture.
• Buildings that are less than seventy (70) years old are exempt from review of
Alterations and additions, unless the Alterations affect more than twenty -five (25 %)
percent of any fagade visible from a Public Way or unless any addition visible from a
Public Way increase such Buildings by more than twenty -five (25 %) percent.
• 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 two (2) years thereafter and carried
forward with due diligence.
7.3.9.2 Not Subject to Review
Upon request, the Commission shall issue a Certificate of Non - Applicability with respect
to Construction or Alteration in any category not subject to review by the Commission in
accordance with the above provisions.
7.3.9.3 Maintenance
Nothing in this bylaw shall be construed to prevent the ordinary maintenance, repair or
replacement of any Exterior Architectural Feature within a District which does not involve
a change in design, material or the outward appearance thereof, nor to prevent
landscaping with plants, trees or shrubs, nor construed to prevent the meeting of
requirements certified by a duly authorized public officer to be necessary for public safety
because of an unsafe or dangerous condition, nor construed to prevent any Construction
or Alteration under a permit duly issued prior to the effective date of this bylaw.
7.3.10 Categorical Approval
Additional Exclusions: Certain categories of Exterior Architectural Features may be Constructed
or Altered without review by the Commission, provided such Construction or Alteration do not
substantially derogate the intent and purposes of the District and of M.G.L. Chapter 40C. The
Commission may, upon conducting a public hearing, exclude from its purview Exterior
Architectural Features, in addition to those listed in Section 7.3.9.1, which it determines do not
significantly impact the purpose of the District.
7.3.11 Enforcement and Penalties
7.3.11.1 Non - criminal Enforcement
The Commission shall determine whether a particular activity is in violation of this bylaw,
and the Commission shall be charged with the non - criminal enforcement of this bylaw
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pursuant to Section 1.8, and seeking civil enforcement under M.G.L. Chapter 40C
Section 13, after obtaining the necessary authority to do so.
7.3.11.2 Building Inspector Authorized to Enforce
The Commission may designate the Building Inspector to pursue non - criminal disposition
under M.G.L. Chapter. 40, Section 21 D, under the direction of the Commission.
7.3.11.3 Investigation of Complaints
The Commission, upon a written complaint of any resident of Reading, or owner of
property within Reading, or upon its own initiative, shall institute any appropriate action or
proceedings in the name of the Town of Reading to prevent, correct, restrain or abate a
violation of this bylaw. In the case where the Commission is requested in writing to
enforce this bylaw against any person allegedly in violation of same and the Commission
declines to act, the Commission shall notify, in writing, the party requesting such
enforcement of any action or refusal to act and the reasons therefore, within twenty -one
(21) days of receipt of such request.
7.3.11.4 Penalties
Whoever violated any of the provisions of this bylaw shall be punishable for each offense
by a fine to be determined by the Commission in accordance with the range of fines
determined by M.G.L. Chapter 40C, Section 13. Each day during any portion of which
such violation continues to exist shall constitute a separate offense.
7.4 Regulation of Certain Motor Vehicles
7.4.1 Unregistered, Uninspected, Disassembled Motor Vehicles Prohibited
No unregistered, uninspected or disassembled motor vehicle may be kept on any property within
view from any public way, private way or abutting property, unless one of the following exceptions
applies and such use or exception is otherwise in compliance with the General and Zoning By-
Law of the Town.
7.4.1.1 Exceptions - Farm Vehicles
The vehicle is regularly operated on the premises as a farm or other utility vehicle.
7.4.1.2 Exceptions - Dealers
The owner is licensed as a dealer of new cars, used cars or used parts under M.G.L.
Chapter 140, Section 58, and is licensed to operate such a business at that location.
7.4.1.3 Exceptions -Auto Body Repair
The owner is in the business of auto body repair at that location.
7.4.1.4 Exceptions - Personal Property
The vehicle is insured personal property regularly used in show or operating competitions
or displayed as a collectible. Only one such vehicle shall be allowed per property.
7.4.1.5 Exceptions - Qualifies for Inspection and Registration
The vehicle is a fully assembled operable vehicle which would qualify for inspection and
registration.
7.4.2 Enforcement
7.4.2.1 Violation Notice
Any vehicle(s) maintained on property in violation of this bylaw thirty (30) days after
issuance of notice of such violation from the Building Inspector or Police Department
shall be in violation of this bylaw; and any person violating the provisions of this bylaw
shall be punished by a fine of Twenty -Five ($25) Dollars for each offense and each day
that such offense continues shall be considered a separate offense.
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7.4.2.2 Non - Criminal Disposition
In addition to any other means of enforcement, the provisions of this bylaw may be
enforced by non - criminal disposition in accordance with the provisions of Section 1.8 of
this bylaw and M.G.L. Chapter 40, Section 21 D.
7.6 Wells
7.5.1 Well Safety
The owner or owners of land whereon is located a well in use shall either fill the well under a
permit received from the Board of Health, or provide a covering for such well capable of
sustaining weight of three hundred (300) pounds. Whoever violates this section shall pay for each
offense a penalty of not less than One Hundred ($100) Dollars nor more than Five Hundred
($500) Dollars.
7.5.2 Non - Criminal Enforcement
Whoever violates any of the provisions of this section shall be punished by a fine of not more than
Two Hundred ($200) Dollars per day for every day such person is in violation of such notice,
commencing with the fourth day thereof. In addition to any other means of enforcement, the
provisions of this bylaw may be enforced by non - criminal disposition in accordance with the
provisions of Section 1.8 of this bylaw, and M.G.L. Chapter 40, Section 21 D. For the purposes of
such non - criminal disposition, the "enforcing person" shall mean the Health Director.
7.6 Licenses
7.6.1 General Provisions
Any license issued subject to this bylaw shall issue on January 1 (or thereafter) of each year and
shall expire on the next succeeding December 31 and may be revoked or suspended at any time
by the Board of Selectmen for any violation of this bylaw or any rules, orders or regulation from
time to time adopted by the Board of Selectmen.
7.6.2 Transport
7.6.2.1 License Required
No person shall engage in the business of transporting for hire, goods, wares, furniture or
rubbish as specified in Section 7.6.2.2 of this bylaw without first obtaining a license or
licenses therefore as set forth below.
7.6.2.2 All Vehicles to be Licensed
The Board of Selectmen may license suitable persons to use vehicles for the transporting
for hire of goods, wares, furniture or rubbish within the Town. All persons engaging in
such transportation for hire within the Town shall take out such number of licenses as will
equal the greatest number of such vehicles to be used at any one time by said person
during the year for which the license is issued. Such license shall expire on December 31
of each year and may be revoked at the pleasure of the Selectmen.
7.6.2.3 Information to be Placed on Vehicles
Every person licensed under the provisions of this bylaw shall cause his name and the
number of his license to be printed or placed in plain legible words and figures in a
conspicuous place on the outside of each vehicle used in exercising said license.
7.6.3 Junk
7.6.3.1 License Required
No person shall use any building, enclosure or other structure for the storage, sale or
keeping of rags, waste paper stock or other inflammable material without a license
therefore from the Board of Selectmen.
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7.6.3.2 Dealers in Junk, Old Metals, Second Hand Articles
The Board of Selectmen may license suitable persons, upon such terms and conditions
as the Board shall determine, to be dealers in and keepers of shops for the purchase,
sale or barter of junk, old metals and second -hand articles, and no person shall be such a
dealer or keeper without such a license.
7.6.3.3 Junk Collectors
The Board of Selectmen may also license suitable persons as junk collectors, to collect
by purchase or otherwise, junk, old metals and second -hand articles from place to place
within the Town, and no person shall engage in such business without such a License.
7.7 Retail Sales
7.7.1 Hours of Operation
No retail, commercial operation or place of business shall be open for the transaction of retail
business between the hours of 12:01 AM and 6:00 AM.
7.7.2 Exceptions
This bylaw shall not apply to the retail or commercial operation of facilities operated by innholders
and /or common victualers and /or taverns where a license has been duly issued for the operation
of the same which otherwise restricts or describes the hours of operation of such facilities. This
bylaw shall not prevent a cinema from concluding the showing of a movie that has commenced
prior to 12:01 AM.
7.7.3 Innholders
For the purposes of this bylaw, facilities operated by innholders shall include, but not be limited
to: an inn, hotel, motel, lodging house and public lodging house or any other similar establishment
for which a license is required under M.G.L. Chapter 140; the term facilities operated by a
common victualer shall include a restaurant and any other similar establishment which provides
food at retail for strangers and travelers for which a common victualer's license is required under
said Chapter; and the term "tavern" shall include an establishment where alcoholic beverages
may be sold with or without food in accordance with the provisions of M.G.L. Chapter 138.
7.7.4 License to Permit Operation between Midnight and 6:00 AM
If the Board of Selectmen determine that it is in the interest of public health, safety and welfare, or
that public necessity or convenience would be served, the Board of Selectmen may grant, upon
such terms and conditions as it deems appropriate, a license under this bylaw to permit the
operation of a retail or commercial establishment between the hours of 12:01 AM and 6:00 AM or
any portion thereof. However, a license shall not be issued unless the Board of Selectmen has
made the following specific findings with respect to each license application:
7.7.4.1 Reasons for Night -time Operation
That the operation of the retail or commercial establishment during the night -time hours
will not cause unreasonable disruption or disturbance to, or otherwise adversely affect,
the customary character of any adjacent or nearby residential neighborhood;
7.7.4.2 Findings for Approval of Night -time Operation
That operation of the retail or commercial establishment during the night -time hours is
reasonably necessary to serve the public health, safety and welfare; or serve a public
need or provide a public convenience which outweighs any increase in any of the
following impacts on the adjacent or nearby residential neighborhood (or the character
thereof): noise, lighting, vibration, traffic congestion or volume of pedestrian or vehicular
retail customer traffic that might create a risk to pedestrian or vehicular safety, or other
adverse public safety impact.
Amended through April 2011
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Town of Reading
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General Bylaw Article 7 - Regulation of the Use of Private Land
The Board of Selectmen may adopt rules and regulations to govern the administration of
the licensing process and in so doing may impose such terms and conditions upon such
license as it may consider appropriate.
7.7.5 Hearing for Initial Approval
The Board of Selectmen shall give public notice of the initial request whereby a retail or
commercial operation or place of business seeks to be open for the transaction of retail business
between the hours of 12:01 AM and 6:00 AM or any portion thereof and shall hold a public
hearing on the initial request within thirty (30) days of receipt of any such request. The Board may
determine annually whether a public hearing will be required on an application to renew the
annual approval of a business to be open between the hours of 12:01 AM and 6:00 AM.
7.7.6 Violation and Non - Criminal Enforcement
The Police Department or the Building Inspector shall enforce the provisions of this bylaw. Fines
shall be assessed and collected as follows:
• 1st Offense: One Hundred ($100) Dollars
• 2nd Offense: Two Hundred ($200) Dollars
• 3rd and Subsequent Offences: Three Hundred ($300) Dollars
Each day a violation exists shall be deemed to be a separate violation. Any alleged violation of
this bylaw may, in the sole discretion of the enforcing agent, be made the subject matter of
noncriminal disposition proceedings commenced by such agent in accordance with Section 1.8 of
this bylaw and M.G.L. Chapter 40, Section 21 D.
7.8 Outdoor Loudspeakers and Public Address Systems
No commercial establishment shall install or operate any outdoor loudspeaker or public address
system on its premises except for the sole purpose of direct communication with a customer to assist
that customer or to conduct a specific business transaction at the commercial establishment, as for
example at a drive -up window of a fast food or banking establishment, or at self- service gasoline
pumps. Any such loudspeaker or public address system shall be operated only during the regular
business hours of the establishment. The owner of the establishment shall at all times ensure that the
volume of sound produced outdoors by such loudspeaker or public address system shall be such as
not to be audible from any portion of a public way or residential property.
Amended through April 2011
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Town of Reading General Bylaw Article 8 - Public Order
ARTICLE 8 PUBLIC ORDER
8.1 Streets. Highways and Public Property
8.1.1 Obstructions Prohibited
No person shall place or cause to be placed any obstruction in any street, public place or private
way in the Town without the permission of the Board of Selectmen or its designee. The provisions
of this section shall not apply to news racks as defined in Section 8.7.2.3 of this bylaw.
8.1.2 Approval Required for Parade
No person shall form or conduct any parade in any street, sidewalk or public way within the Town
or form or conduct for the purpose of display or demonstration any procession or assembly of
people, except a military or funeral parade or procession within such street, sidewalk or way,
without first obtaining a written permit from the Board of Selectmen or its designee; and no
person shall take part in any such parade, procession or assembly which is not authorized by
such a permit. The application for such a permit shall identify
• the person or organization seeking to conduct the parade and the parade chairman who will
be responsible for its conduct,
• the proposed date, starting and termination time and route of the parade,
• the approximate number of persons, animals and vehicles and the type of animals and
vehicles to be in the parade,
• the location of any assembly areas and the time units will begin to assemble at such areas,
and
• the intervals of space to be maintained between the parade's units.
The applicant shall provide such further information as the Board of Selectmen or its designee
shall find reasonably necessary for a fair determination as to whether a permit should be issued.
The Board of Selectmen or its designee shall issue a permit unless it finds that the conduct of the
parade is reasonably likely to
• cause injury to persons or property, provoke disorderly conduct or create a disturbance,
• interfere unduly with proper fire and police protection for, and ambulance service to, areas
contiguous to the proposed line of march or other areas in the Town, or
• substantially interrupt the safe and orderly movement of other traffic contiguous to the parade
route.
The Board of Selectmen or its designee shall promptly notify the applicant of its decision,
including the terms of the permit issued or the reasons for any denial or revocation of such a
permit. Immediately upon the issuance of a parade permit, the Board of Selectmen or its
designee shall send a copy thereof to the Police Chief, Fire Chief and Director of Public Works.
8.1.3 Silly String Prohibition
No person, during any parade, festival, concert, sporting event or other public event, shall sell or
distribute or use on any street, sidewalk or public way of the Town or upon any property owned
by the Town, a product known as "Silly String" or any similar product sold or used for amusement
that ejects a soft rubbery substance; any aerosol can that ejects paint, shaving cream, foam or
makes loud noises or an explosive device.
8.1.4 Removal of Vehicles - Snow Removal
The Director of Public Works, for the purpose of removing or plowing snow or removing ice from
any way within the limits of the Town and from the Town parking areas and from any other land
owned or used by the Town, may remove or cause to be removed to some public garage or other
convenient place any vehicle parked upon such highway, parking area or land and interfering with
such work, and the storage charges and other cost of such removal shall be borne and paid by
the owner of the vehicle.
40 Amended through April 2011
Town of Reading General Bylaw Article 8 - Public Order
8.1.5 Prohibiting Placing Snow on Public Property
No person shall move or remove snow or ice from private lands upon any public street, sidewalk
or common land of the Town in such a manner as to obstruct or impede the free passage of
vehicular or pedestrian traffic upon the street, sidewalk or common land of the Town, unless he
has first obtained a permit therefore issued by the Director of Public Works.
8.1.6 Prohibiting Putting Water on Public Way
No person shall, during the period from November 15 to April 15 inclusive, discharge or pipe, or
cause to be discharged or piped, any ground water onto a public way or sidewalk within the limits
of the Town unless he has first obtained a permit therefore issued by the Director of Public
Works.
8.1.7 Driveway Permits Required
No person shall make or construct or reconstruct or modify a driveway or other means of access
or exit for motor vehicles onto a public way or across a sidewalk, unless he has first obtained a
permit therefore issued by the Director of Public Works.
8.1.8 Permit for Rubbish and other Material Haulinq
No person, except the duly authorized agents and employees of the Town, shall carry in or
through any of the public streets or ways of this Town any rubbish, garbage, offal, contents of
cesspools or other offensive substances, unless the person so carrying the same shall have
secured a permit therefore from the Board of Health or its designee, which permit may be issued
upon such terms and conditions as the Board or its designee may determine.
8.1.9 Permit for the Use of Public Property
Any person who intends to erect, repair or take down any building abutting on any way, sidewalk,
parking lot, or other Town property which the Town is obliged to keep in repair and desires to
make use of any portion of said way, sidewalk, parking lot, or other Town property for the purpose
of placing thereon building materials or rubbish, shall give notice thereof to the Director of Public
Works, and thereupon, the Director of Public Works may grant a permit to occupy such portion of
said way to be used for such purpose as in its judgment the necessity of the case demands and
the security of the public allows. Such permit shall in no case be in force longer than ninety (90)
days (subject to renewal), and shall be issued on such conditions as the Director of Public Works
may require.
8.2 Scenic Roads
8.2.1 Designation
Upon recommendation of the Community Planning and Development Commission, Conservation
Commission or Historical Commission, Town Meeting may vote to designate any road, other than
a numbered route or state highway, as a scenic road.
8.2.2 Limitations on Work on a Public Way
After a road has been designated as a scenic road, any repair, maintenance, reconstruction or
paving work done with respect thereto shall not involve or include the cutting or removal of trees
or the tearing down or destruction of stone walls or portions thereof, except with the prior written
consent of the Community Planning and Development Commission after a public hearing duly
advertised twice in a newspaper of general circulation in the area as to time, date, place and
purpose, the last publication to occur at least seven (7) days prior to such hearing.
8.2.3 Regulations
The Community Planning and Development Commission shall establish and adopt regulations for
exercising its responsibilities under this bylaw, taking into consideration sound planning principles
and preservation of aesthetic and natural resources of the Town.
41 Amended through April 2011
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Town of Reading General Bylaw
8.3 Emergency Vehicle Access and Fire Lanes
Article 8 - Public Order
8.3.1 Purpose
It is the purpose of this bylaw to regulate the parking of motor vehicles so that such vehicles will
not impede access to properties by emergency vehicles or obstruct fire lanes.
8.3.2 Definition
As used in this section, "fire lane" shall mean a fire lane designated by the Board of Selectmen
upon the recommendation of the Chief of the Reading Fire Department. Fire lanes shall be a
distance of twelve (12) feet from the curbing of a sidewalk; however, where no sidewalk with
curbing exists, the distance shall be twenty (20) feet from the front wall of the nearest building.
These distances may be modified by the Board of Selectmen to any distance that the Chief of the
Fire Department determines is necessary for public safety.
8.3.3 Blocking Access Prohibited
No person shall park a motor vehicle or otherwise obstruct or block, the entrance to any roadway,
highway, street, private way or driveway so as to prevent access by emergency vehicles to any
single or multi - family dwelling, business, commercial establishment, shopping center, school,
sports or recreational facility, other place of public assembly or public or private parking area.
Vehicles making a delivery to a building abutting a driveway may obstruct or block the entrance to
the driveway for the reasonable length of time necessary to actually make such delivery, if the
nature of the delivery or use in the building prohibits or unreasonably restricts the use of any
other access to such building.
8.3.4 Blocking Fire Lane Prohibited
No person shall park a motor vehicle or otherwise obstruct or block a fire lane, provided that such
fire lane has been identified pursuant to Section 8.3.6.
8.3.5 Exemptions
Emergency vehicles may park in fire lanes while responding to calls for emergency service.
Vehicles making a delivery to a building abutting a fire lane may park in the fire lane for the
reasonable length of time necessary to actually make such delivery, if the nature of the delivery or
business in the building prohibits or unreasonably restricts the use of any other access to such
building.
8.3.6 Signs for Fire Lane
The Board of Selectmen shall place and maintain signs relating to fire lanes where applicable to
public buildings, public ways and public parking areas. The owner(s) of record of all other
properties or private ways containing fire lanes shall place and maintain signs so identifying the
fire lanes. All such signs shall be no less than twelve (12) inches by eighteen (18) inches and
shall read: "FIRE LANE - NO PARKING - TOW ZONE."
8.3.7 Enforcement
Any motor vehicle found violating the provisions of this section may be issued a parking violation
by the Reading Police Department and /or towed under the direction of the Reading Police
Department, and all towing and storage charges shall be as authorized by M.G.L. Chapter 266,
Section 120D.
In addition, any person found violating the provisions of this Section 8.3 shall be punished by a
fine of not less than Twenty -Five ($25) Dollars for the first offense and not less than Fifty ($50)
Dollars for the second and any subsequent offense, and each day that such violation continues
shall constitute a separate offense.
The provisions of this section may be enforced by non - criminal disposition in accordance with the
provisions of Section 1.8 of this bylaw hereof and M.G.L. Chapter 40, Section 21D.
42 Amended through April 2011
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Town of Reading General Bylaw Article 8 - Public Order
8.4 Designated Parking Spaces and Curb Ramps for Disabled Veterans or Handicapped
Persons
8.4.1 Parking for Disabled Veteran or Handicapped Persons Required
Any person or body having lawful control of a public or private way or of improved or enclosed
property used as off - street parking areas for businesses, shopping malls, theaters, auditoriums,
sporting or recreational facilities, cultural centers, residential dwellings, or for any other place
where the public has a right of access as invitees or licensees shall reserve the number of
parking spaces required by Section 8.4.2 in said off - street parking areas for any vehicle owned
and operated by a disabled veteran or handicapped person whose vehicle bears the
distinguishing license plate authorized by M.G.L. Chapter 90, Section 2 or for any vehicle
transporting a handicapped person and displaying the special identification plate authorized by
M.G.L. Chapter 90, Section 2 or for any vehicle bearing the official identification of a handicapped
person issued by any other state or any Canadian Province.
8.4.2 Parkinq Spaces Required
If the number of parking spaces in any area designated in Section 8.4.1 is:
• more than fifteen (15) but not more than twenty -five (25), one (1) parking space shall be
provided;
• more than twenty -five (25) but not more than forty (40), five (5 %) percent of such spaces but
not less than two (2) shall be provided;
• more than forty (40) but not more than one hundred (100), four (4 %) percent of such spaces
but not less than three (3) shall be provided;
• more than one hundred (100) but not more than two hundred (200), three (3 %) percent of
such spaces but not less than four (4) shall be provided;
• more than two hundred (200) but not more than five hundred (500), two (2 %) percent of such
spaces but not less than six (6) shall be provided;
• more than five hundred (500) but not more than one thousand (1,000), one and one -half (1
1/2 %) percent of such spaces but not less than ten (10) shall be provided;
• more than one thousand (1,000) but not more than two thousand (2,000), one (1 %) percent
of such spaces but not less than fifteen (15) shall be provided;
• more than two thousand (2,000) but less than five thousand (5,000), three - fourths of one
(3/4 %) percent of such spaces but not less than twenty (20) shall be provided; and
• more than five thousand (5,000), one -half of one (1/2 %) percent of such spaces but not less
than thirty (30) shall be provided.
8.4.3 Identification of Spaces
Parking spaces designated as reserved under the provisions of Section 8.4.1 shall be:
• Identified by the use of above grade signs with white lettering against a blue background and
shall bear the words "Handicapped Parking: Special Plate Required. Unauthorized Vehicles
May Be Removed At Owner's Expense;"
• Located as near as possible to a building entrance or walkway and adjacent to curb ramps or
other unobstructed methods permitting sidewalk access to a handicapped person; and
• Twelve (12) feet wide or consist of two (2) eight (8) foot wide areas with four (4) feet of cross
hatch between them.
8.4.4 Signs Placed and Maintained
The Board of Selectmen shall place and maintain signs relating to reserved spaces for use by
disabled veterans and handicapped persons where applicable to public buildings, public ways
and public parking areas. The owner(s) of record of all other properties or private ways shall
place and maintain signs so identifying the reserved parking spaces in accordance with Section
8.4.3.
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Town of Reading General Bylaw Article 8 - Public Order
8.4.5 Parking Only with Distinguishing Disabled Veterans or Handicapped Person's
Identification Permitted
No person shall park, or leave unattended, a motor vehicle that does not bear the distinguishing
disabled veterans or handicapped license plates or other identifications referenced in Section 8.4
of this bylaw in a space designated for use by disabled veterans or handicapped persons, or
otherwise obstruct or block curb ramps designated for use by handicapped persons as a means
of egress to a street or public way.
8.4.6 Violation and Enforcement
Any motor vehicle found violating the provisions of this Section 8.4 may be issued a parking
violation by the Reading Police Department and /or towed under the direction of the Reading
Police Department, and all towing and storage charges shall be as authorized by M.G.L Chapter
266, Section 120D.
In addition, any person found violating the provisions of this Section 8.4 shall be punished by a
fine of not less than Twenty -Five ($25) Dollars for the first offense and not less than Fifty ($50)
Dollars for the second and any subsequent offense, and each day that such violation continues
shall constitute a separate offense.
The provisions of this Section 8.4 may be enforced by non - criminal disposition in accordance with
the provisions of Section 1.8 hereof and M.G.L. Chapter 40, Section 21 D.
8.5 Public Works
8.5.1 Street Numbering
8.5.1.1 Establishment of Numbering System
The Board of Selectmen shall establish a system for the numbering of any building on or
near the line of public or private ways and shall prescribe by suitable rules and
regulations the method in which such numbering shall be done.
8.5.1.2 Street Numbers Required to be Affixed to Buildings
No person shall neglect or refuse to affix to any building owned by him the street number
designated for such building by the Director of Public Works or by the Building Inspector
acting in accordance with the numbering system and the Rules and Regulations
established by the Board of Selectmen, nor shall any person affix to or suffer to remain
on any building owned or occupied by him, a street number other than the one
designated for such building by the Director of Public Works or by the Building Inspector.
Owners shall be allowed ten (10) days after written notice to comply with the provisions of
this section.
8.5.2 Dumping of Waste Regulated
No person shall deposit in any area any liquid or solid waste materials, including garbage and
rubbish, except in a dumping ground or area designated for such deposits by the Board of Health.
No person shall make any such deposit in a dumping ground or area so designated unless he
has first obtained a permit from the Board of Selectmen, and unless he complies with the rules
and regulations for such dumping ground or area as the Board of Selectmen may from time to
time establish. The Board of Selectmen shall from time to time establish the fees for the issuance
of permits.
8.5.3 Public Water Service
8.5.3.1 Tampering Prohibited
No person shall turn on or off the water at any water main, service pipe, hydrant, water
post, drinking fountain or other fixture or appurtenance connected with the Reading water
system or make any opening into or connection therewith without authority from the
44 Amended through April 2011
Town of Reading General Bylaw Article 8 - Public Order
Director of Public Works, except that hydrants may be used by Firefighters or Police
Officers in the discharge of their duty.
8.5.3.2 Entry Required
No person shall refuse entry to any building owned by him after receipt of written request
from the Board of Selectmen or its designee, to any authorized representatives or
employees of the Department of Public Works bearing proper credentials and
identification for the purposes of inspection, observation, measurement, sampling,
installation and testing of water meters used for the measurement of water supplied by
the Department of Public Works. If such entry cannot be obtained during normal working
hours then, after adequate notice and reasonable attempts to schedule said entry, the
owner may be billed an amount established by the Board of Selectmen for additional
costs incurred by the Town.
8.5.4 Water Supply Protection
8.5.4.1 Purpose
The purpose of this section of the bylaw is to protect, preserve and maintain the public
health safety and welfare whenever there is in force a state of water supply emergency.
8.5.4.2 Water Emergency
Whenever a state of water supply emergency has been declared by the Massachusetts
Department of Environmental Protection pursuant to M.G.L. Chapter 21G or Chapter 111,
or any other enabling authority or by the Governor, no user of water supplied by the Town
shall violate any provision, condition, requirement or restriction included in a plan adopted
by the Board of Selectmen and approved by the Department of Environmental Protection
which plan has as its purpose the abatement of a water supply emergency, provided that
notice of any such provision, condition, requirement or restriction has previously been
given to such users by publication in a newspaper of general circulation within the Town,
or by such other notice as is reasonably calculated to reach and inform all such users.
8.5.5 Creating a Hazard Prohibited
No person shall, except as authorized or required by law, remove, alter the position of, deface or
disturb in any manner, any barrier, sign, manhole cover or grating placed or installed for the
purpose of eliminating or mitigating a public safety hazard or potential hazard in or on any street,
sidewalk or public place within the Town.
8.5.6 Violation and Enforcement
Any user of water supplied by the Town who violates this bylaw shall be liable to the Town in the
amount of One Hundred ($100) Dollars for the first violation and Three Hundred ($300) Dollars for
each subsequent violation, which fine shall inure to the Town for such uses as the Board of
Selectmen may direct. In addition to any other means of enforcement, the provisions of this bylaw
may be enforced by non - criminal disposition in accordance with the provisions of Section 1.7 of
this bylaw and M.G.L. Chapter 40, Section 21D; and for the purposes of such non - criminal
disposition, the term "enforcing person" shall mean any member of the Board of Selectmen, the
Town Manager, any Police Officer of the Town, the Director of Public Works, or his designee, and
the Public Health Administrator, or his designee. Further, any enforcing person, or his designee
or agent, may enter onto any property and in any building thereon for the purpose of inspecting or
investigating any violation of this bylaw or enforcing the same, except that no dwelling unit shall
be entered without the consent of the resident.
8.6 Anti -Litter
8.6.1 Definitions
For the purpose of this bylaw, the following terms, phrases, words, and their derivations shall
have the meaning given herein. When not inconsistent with the context, words used in the
present tense include the future, words used in the plural number include the singular number,
45 Amended through April 2011
Town of Reading General Bylaw Article 8 - Public Order
and words used in the singular number include the plural number. The word "shall' is always
mandatory and not merely directory.
8.6.1.1 Private Receptacle
A litter storage and collection receptacle as required or authorized in the Town.
8.6.1.2 Garbage
Putrescible animal and vegetable wastes resulting from the handling, preparation,
cooking, and consumption of food.
8.6.1.3 Litter
Garbage, refuse and rubbish as defined herein and all other waste materials which, if
thrown or deposited as prohibited in this article, tends to create a danger to public health,
safety, and welfare.
8.6.1.4 Park
A park, reservation, playground, recreation center, Conservation land, Town Forest,
school ground or any other public area in the Town, owned or used by the Town and
devoted to active or passive recreation.
8.6.1.5 Person
An individual, firm, partnership, association, corporation, company or organization of any
kind.
8.6.1.6 Private Premises
Any dwelling, house, building, or other structure designed or used either wholly or in part
for private residential purposes, whether inhabited or temporarily or continuously
uninhabited or vacant and shall include any yard, grounds, walks, driveway, porch, steps,
vestibule or mailbox appurtenant to any such dwelling, house, building, or other structure.
8.6.1.7 Public Place
Any and all streets, sidewalks, boulevards, alleys, or other public ways and any and all
public parks, squares, spaces, grounds, and buildings.
8.6.1.8 Refuse
All putrescible and nonputrescible solid wastes (except bodily wastes) including garbage,
rubbish, ashes, street cleanings, dead animals, and solid and industrial wastes.
8.6.1.9 Rubbish
Nonputrescible solid waste consisting of both combustible and non - combustible wastes
such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood,
glass, bedding, crockery, and similar materials.
8.6.1.10 Vehicle
Every device in, upon, or by which any person or property is or may be transported or
drawn upon a highway, including devices used exclusively upon stationary rails or tracks.
8.6.2 Littering Streets and Other Public Places
8.6.2.1 Littering Prohibited
No person shall throw or deposit litter in or upon any park or other public place or upon
any private premises within the Town except in public receptacles, in authorized private
receptacles for collection.
8.6.2.2 Proper Use of Receptacles, Where Provided
Persons placing litter in public receptacles or in authorized private receptacles shall do so
in such a manner as to prevent the litter from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon private property. Where public
46 Amended through April 2011
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Town of Reading General Bylaw Article 8 - Public Order
receptacles are not provided, all such litter shall be carried away from the park or other
public place by the person responsible for its presence and disposed of elsewhere as
provided herein.
8.6.2.3 Sweeping Litter onto Public Property Prohibited
No person shall sweep into or deposit in any gutter, street, or other public place within the
Town the accumulation of litter from any building or lot or any litter from any public or
private sidewalk or driveway.
8.6.2.4 Prevention of Blowing Litter
All loose material which normally fits into containers but which are excess as a result of
special circumstances such as holidays, shall be bundled and tied securely to prevent
them from blowing or scattering and shall be placed by the containers.
8.6.3 Throwing Litter from Vehicles
No person, being the driver or a passenger in a vehicle, shall throw or deposit litter upon the
street or public place within the Town, or upon any private property.
8.6.4 Vehicles Transporting Loose Materials
No person shall drive or move a vehicle within the Town nor shall the owner of any vehicle
require or permit the same to be driven or moved within the Town, unless such vehicle is
constructed or loaded so as to prevent any of its load from dropping, sifting, leaking, blowing, or
otherwise escaping therefrom and being deposited upon any street or other public or private
place. Vehicles loaded with any material which may be blown about by wind shall be suitably
covered to prevent the contents from being blown upon the streets or highways. This section shall
not prohibit the dropping of sand or salt or similar product for the purpose of securing traction or
the sprinkling of water or other substance on such land in cleaning or maintaining the same.
8.6.5 Distribution of Handbills and Leaflets
It shall be the duty of every person distributing handbills, leaflets, flyers or any other advertising
and informational material to place or deposit such material in a manner so as to secure or
prevent such material from littering public or private property.
8.6.6 Litter in Bodies of Water
No person shall throw or deposit litter in any fountain, pond, stream, river or any other body of
water in the Town.
8.6.7 Placing Commercial and Non - Commercial Handbills on Vehicles
No person shall throw or deposit any commercial or non - commercial handbill in or upon any
vehicle. Provided, however, that it shall not be unlawful in any public place for a person to hand
out or distribute without charge to the receiver thereof, a non - commercial handbill to any
occupant of a vehicle who is willing to accept it.
8.6.8 Duty to Maintain Private Property Free of Litter
The owner or person in control of any private property shall at all times maintain his premises free
of litter so that the same does not constitute a danger to the public health, safety, and welfare.
This section shall not prohibit the storage of litter in authorized private receptacles for collection.
8.6.9 Deposit of Litter on Open or Vacant Property
No person shall throw or deposit litter on any open or vacant private property within the Town,
whether owned by such person or not, so that the same shall create danger to the public health,
safety, and welfare.
8.6.10 Clearing of Litter From Open or Vacant Private Property
The Board of Health is hereby authorized and empowered to direct the owner of any private
property within the Town, or the agent of such owner, to properly dispose of litter located on such
owner's property which is dangerous to the public health, safety, and welfare. Such request shall
be by registered or certified mail, addressed to the owner at their last known address.
47 Amended through April 2011
Town of Reading General Bylaw Article 8 - Public Order
48
Alternatively, the Board of Health may proceed to abate a nuisance as defined and provided by
M.G.L. Chapter 111, as amended.
8.6.11 Enforcement Authorization and Fines
The Police Department or the Board of Health or its duly authorized agent shall enforce the
provisions of this bylaw. Fines shall be assessed and collected as follows:
• Enforcement Agent: Board of Health or designee; Police Department
• 1st Offense: Warning
• 2nd Offense: One Hundred ($100) Dollars
• 3rd and Subsequent Offences: Three Hundred ($300) Dollars
• Each day a violation exists shall be deemed to be a separate violation
Any alleged violation of this bylaw may, in the sole discretion of the enforcing agent in
accordance with Section 1.8 and be made the subject matter of noncriminal disposition
proceedings commenced by such agent under M.G.L. Chapter 40, Section 21 D.
8.7 News Racks
8.7.1 Findings and Purpose
Whereas, the proliferation of scattered news racks in the Town of Reading often block crosswalks
and handicap ramps, unreasonably impedes access for the use and maintenance of poles, posts,
traffic signs or signals, hydrants and mailboxes, unreasonably obstructs the flow of pedestrian
and vehicular traffic, unreasonably obstructs access to bus stops, taxi cab stands, valet parking
areas, loading zones and fire lanes, impede emergency snow removal operations, creates undue
nuisances and hazards to passersby in bad weather and storms and otherwise unreasonably
restricts public access and creates undue perils and public safety hazards; and
Whereas, news racks often create a visual blight due to their varying shapes and colors and
disarray, and are often not properly maintained and are allowed to deteriorate, and fall into states
of disrepair in which news racks collect trash and other debris, become covered with graffiti, are
tipped over, moved, cause damage to curbs, sidewalks, streets, poles; traffic signals and signs,
and or remain empty and abandoned; and
Whereas, reasonable standards for the appearance, placement and maintenance of news racks
in the public way will allow for unrestricted access to crosswalks and handicapped ramps and
further provide for pedestrian and driving safety and convenience by alleviating unreasonable
interference with the flow of pedestrian and vehicular traffic, allow for reasonable access and use
of poles, posts, traffic signs and signals, hydrants and mailboxes, bus stops, taxi stands, valet
parking areas, loading zones and fire lanes, provide for the safety of the public and protection of
property during times of snow emergencies and other bad weather conditions, and reduce the
potential for creating perils in the way of passersby, safety hazards and visual blight that often are
associated with unregulated news racks.
8.7.2 Definitions
When used in this bylaw, unless the context otherwise requires, the following terms shall have
these meanings:
8.7.2.1 Certificate of Compliance
Shall mean the Certificate of Compliance issued by the Board of Selectmen or its
designee to the Certificate Holder in accordance with the provisions of this bylaw.
8.7.2.2 Certificate Holder
Shall mean the holder of a Certificate of Compliance issued by the Board of Selectmen or
its designee in accordance with the provisions of this bylaw. A certificate holder is
responsible for the installation and maintenance of news racks encompassed by any
Amended through April 2011
Town of Reading General Bylaw Article 8 - Public Order
Certificate of Compliance issued pursuant to the provisions of this bylaw and for
compliance with all provisions contained herein.
8.7.2.3 News Rack
Shall mean any type of self - service device for the vending or free distribution of
newspapers or periodicals.
8.7.2.4 Operator
Shall mean any natural person or other legal entity including, but not limited to,
corporations, partnerships, joint ventures and the like who either own, operate or are
otherwise in control of a news rack.
8.7.2.5 Board of Selectmen
Shall mean the Board of Selectmen of the Town of Reading or its designee.
8.7.3 Certificate of Compliance
8.7.3.1 Requirement
No person shall place, affix, erect, constitute or maintain a news rack in or on any part of
a public way without first obtaining a Certificate of Compliance from the Board of
Selectmen in accordance with the provisions of this bylaw.
The Certificate of Compliance must be renewed annually by application to the Board of
Selectmen.
8.7.3.2 Issuing Authority
The Board of Selectmen shall be the issuing authority and coordinator of the application
process and administration of this bylaw.
8.7.3.3 Approving Authority
The approving authority shall be the Board of Selectmen. The Board of Selectmen or its
designee shall review and approve for compliance with Section 8.7.2, entitled Certificate
of Compliance, Section 8.7.5, entitled Standards, and Section 8.7.9, entitled Installation
and Maintenance.
8.7.3.4 Application Process
Applicants must complete an application on a form provided by the Board of Selectmen.
8.7.3.5 Application
The application shall describe in sufficient detail, the number, location and type of news
racks for which the Certificate of Compliance is sought and shall contain the following
information:
• The name, address and telephone number of the applicant who is the owner /operator
or other person who is the principal responsible person in charge of the news rack(s);
• The name, address and telephone number of a natural person (if different from the
applicant) whom the Town may notify and /or contact at any time concerning the
applicant's news racks. This person would be responsible for receiving complaints
and notices of violations when a certificate of compliance is issued and for providing
information relating to the application during the application process; and
• The number of news racks and a written description specifying the proposed
approximate location of each; and
• A certificate of insurance naming the Town of Reading as an additional insured in an
amount sufficient to indemnify the Town and hold it harmless from any and all claims
or judgments for personal and bodily injury, including death, or property damage and
from costs and expenses to which the Town may be subjected or which it may suffer
or incur by reason of the design, placement, installation, operation or maintenance of
any of the applicant's news racks. Reasonable evidence of self- insurance coverage
may be substituted by the applicant for the certificate of insurance. Insurance under
49 Amended through April 2011
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Town of Reading General Bylaw Article 8 - Public Order
this section shall run continuously with the presence of the applicant's news rack in
Town of Reading public ways and any termination or lapse of such insurance shall be
a violation of this bylaw, subject to appropriate remedy under section 8.7.10 of this
bylaw; and
A certification from the applicant stating that the proposed location for all of the news
racks listed in the application are in compliance with the provisions of this bylaw.
8.7.3.6 Issuance of a Certificate of Compliance
Upon a finding by the Board of Selectmen that the applicant is in compliance with the
provisions of this bylaw, the Board of Selectmen shall issue a Certificate of Compliance
for installation by the applicant. The Board of Selectmen shall issue a partial Certificate of
Compliance upon a finding that some of the proposed news rack locations are in
compliance with the provisions of this bylaw. Issuance of a Certificate of Compliance or a
partial Certificate of Compliance shall designate the applicant to be the Certificate Holder.
The Board of Selectmen shall issue a Certificate of Compliance within ten (10) days of
the Board of Selectmen's receipt of the completed application. Proposed locations shall
be approved on a first come, first serve basis by the Board of Selectmen. No preference
shall be given to applicants who might have had news racks in a particular location prior
to the effective date of this ordinance.
8.7.3.7 Denial of Certificate of Compliance
If an application for a news rack location is denied, the Board of Selectmen shall notify
the applicant within ten (10) days of the Board of Selectmen's receipt of the completed
application. The Board of Selectmen shall state, the specific reasons for denial. The
applicant may reapply for a substitute alternative location without having to pay an
additional application fee. An applicant who has been denied a Certificate of Compliance
pursuant to this bylaw may appeal within thirty (30) days of such denial by requesting in
writing to the Board of Selectmen an appearance before the Board of Selectmen to
review said denial. The appeal shall be heard within twenty (20) days of receipt of the
appeal. The decision on the appeal shall be sent to the applicant within five (5) days after
the hearing. Any such appeal shall be subject to the Massachusetts Administrative
Procedures Act, G. L. c. 3OA.
The Board of Selectmen reserves the right to order by written notice to the Certificate
Holder that news racks be removed from an approved location, either temporarily or
permanently, in the interests of public safety.
8.7.4 Fees
There shall be a Certificate of Compliance fee in the amount of Two Hundred ($200) Dollars paid
to the Town. This fee shall be due upon initial application and upon each annual renewal.
8.7.4.1 Additional Certificate of Compliance
If at any time after the Board of Selectmen has issued a Certificate of Compliance a
Certificate Holder proposes to install additional news racks, then the provisions of 8.7.3
are to be repeated. Additional Certificate of Compliance fees shall be in accordance with
Section 8.7.4, except that the Certificate of Compliance fee is waived if previously paid.
In addition to the Certificate of Compliance fee, an annual fee of Ten ($10) Dollars per
news rack authorized shall be paid to the Town to offset the Town's cost of monitoring
compliance with this ordinance.
Where the Board of Selectmen has required news racks to be set in corrals, or at hitching
posts pursuant to 8.7.5.1 below, additional fees shall be imposed by the Board of
Selectmen on Certificate Holders to offset the Town's costs for each such corral or
hitching post used by such Certificate Holder.
50 Amended througDc�
Town of Reading General Bylaw Article 8 - Public Order
Upon a showing of significant financial hardship, whereby the payment of the full
Certificate of Compliance fee will impair the ability of the publisher to distribute a
publication through news racks to members of the public, the Board of Selectmen may
reduce the fee due upon initial application or upon an annual renewal by an amount it
determines, in his sole discretion, as appropriate.
8.7.5 Standards
8.7.5.1 Placement
Subject to the prohibitions contained in this section news racks shall be placed parallel to
and not less than eighteen inches (18 ") nor more than twenty -four inches (24 ") from the
edge of the curb. News racks so placed shall face the sidewalk, not the street. News
racks placed near the wall of a building or other structure must be placed parallel to and
not more than six inches (6 ") away from the wall.
No news rack(s) shall be affixed, erected, installed, placed, used or maintained:
• at any location in excess of eight (8) feet in width (plus the width of a news rack)
whereby the clear space for the passage of pedestrians is reduced to less than eight
(8) feet in width; or, if the sidewalk location is less than eight (8) feet in width (plus the
width of a news rack), then the clear space for the passage of pedestrians shall not
be reduced to less than five (5) feet in width; however, a width of four (4) to five (5)
feet may be approved by the Board of Selectmen if requested, only after the Board of
Selectmen consults with the Town Engineer as to whether the particular location at
issue necessitates the 4 -5 foot width, and whether the pedestrian passage there
could safely and reasonably be reduced to a width of 4 -5 feet; and
• within five (5) feet of crosswalk or handicapped ramp; and
• within five (5) feet of any fire hydrant, fire lane, fire call box, police call box or other
emergency facility, mail box, telephone booth or stand; and
• within five (5) feet of any part of a curb return of a curb ramp or driveway, or in the
case of a curb ramp or driveway without a curb return, within five (5) feet of the point
where the curb edgestone or edging begins a change in grade toward the driveway
or ramp on each side thereof, or in the case of a termination of the curb, edgestone
or edging without a change in grade or a turn, within five (5) feet of the point where of
the same terminates on each side of the ramp or driveway; and
• within five (5) feet of any traffic control signal or traffic sign; and
• within five (5) feet of a bicycle rack; and
• within five (5) feet ahead or fifteen (15) feet to the rear of any designated bus stop,
taxi stand, valet parking area, loading zone or fire lane, or any disabled parking
space, unless such news rack is placed parallel against a wall that is within four (4)
feet of a designated bus stop, taxi stand, valet parking area, loading zone or fire lane
and the news rack so placed does not project into or otherwise interfere with the
unobstructed flow of pedestrian and vehicular traffic;
• which in any way protrudes onto a street; or
• on any sidewalk immediately abutting a public school.
The Board of Selectmen may require that news racks at locations in which more than
three (3) are adjacent shall be set within an open -ended corral installed by the Town; and
the Board of Selectmen may require that news racks at a particular location be chained to
each other and /or to a permanent hitching post installed by the Town. The Board of
Selectmen may choose the locations for corrals and hitching posts based on the history
of misaligned or knocked over news racks at the location, the high volume of pedestrian
traffic at the location, or the relatively high concentration of news racks at the location.
However, nothing in this paragraph shall be construed to limit the locations at which
corrals and hitching posts may be required.
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Town of Reading General Bylaw Article 8 - Public Order
8.7.6 Attachment to Property
Attachment to trees and other objects is prohibited. Except to the extent permitted by regulations
promulgated by the Board of Selectmen, no Operator shall place or cause to be placed and no
operator shall suffer to remain, any news rack chained or otherwise attached to any tree, street
light post, traffic signal or sign.
8.7.7 Attachment to Other News Racks
News racks, when placed side by side, may be chained or otherwise attached to one another,
provided that no group of news racks shall extend for a distance of more than eight (8) feet along
a curb, and a space of not less than five (5) feet shall separate each group of news racks.
8.7.8 Advertising Prohibited
It shall be unlawful for any Operator to use a news rack for advertising or publicity purposes other
than that dealing with the display, sale or purchase of the publications dispensed therein.
8.7.9 Installation, Maintenance, and Delivery Time
News racks shall be of a sturdy material and installed or otherwise placed and maintained by the
Certificate Holder in accordance with the following provisions:
• Each news rack shall prominently display the name, address and phone number of a person
or entity responsible for that news rack.
• Each news rack shall be:
• Installed and placed on the pavement in an upright, sufficiently weighted and secured
position;
• Of a type that is completely enclosed, with a self - closing door that is either self - latching or
otherwise requires manual or mechanical release at each use;
• Maintained in a state of good repair and in a neat and clean condition;
• Maintained in a condition that is free of accumulations of outdated printed materials,
trash, rubbish, or debris; and
• Handicapped accessible, as defined by the state Architectural Access Board at 521
C.M.R.
• Each news rack shall be regularly serviced so that:
• It is kept reasonably free of graffiti;
• It is kept reasonably free of chipped, faded, peeling and cracked paint in the visible
painted areas thereof;
• It is kept reasonably free of rust and corrosion in the visible unpainted metal areas
thereof;
• The clear glass or plastic parts thereof, if any, through which the printed material is being
dispensed are not broken and are kept reasonably free of tears, peeling or fading; and
• The structural parts of the news rack are not broken or unduly misshapen.
• Anyone disturbed by noise from the delivery of papers to any news rack may complain to the
Board of Selectmen. The Board of Selectmen shall forthwith notify the Certificate of Holder of
the complaint and attempt to resolve the complaint. If the complaint is not resolved to the
complainant's satisfaction within ten (10) days, the complainant may request a meeting
before the Board of Selectmen, or its designee, and the Certificate Holder. After such
meeting, the Board of Selectmen shall have the authority to impose a reasonable resolution
to the complaint, including ordering the relocation of the news rack/s causing the noise
problem.
8.7.10 Enforcement Procedures
8.7.10.1 Non - Conforming News Racks
Any news racks found not to be in compliance with this bylaw shall be subject to the
enforcement provisions contained herein.
8.7.10.2 Abandonment
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Amended through April 2011
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Town of Reading General Bylaw Article 8 - Public Order
In the event that any news rack installed pursuant to the provisions of this bylaw does not
contain the printed material being dispensed therein for a period of seventy -two (72)
hours after the release of the current issue, the Board of Selectmen may deem the news
rack abandoned and take appropriate action under this bylaw. A news rack shall
otherwise be deemed abandoned if no printed material is found in the news rack for a
period of more than fifteen (15) consecutive days. In the event that a Certificate Holder
voluntarily abandons a news rack location, the Certificate Holder shall so notify the Board
of Selectmen, completely remove the news rack and restore the public way to a safe
condition.
8.7.10.3 Enforcement
• Enforcement of the provisions of this bylaw shall be carried out by the Board of
Selectmen. Upon a determination that a violation of any provision of this bylaw exists
the Board of Selectmen shall notify the Certificate Holder of the violation in writing by
first class mail. The notice shall include:
• the location of the news rack;
• the date of the incident or other cause giving rise to the violation; and
• a brief and concise statement of the facts causing the violation.
• The notice shall inform the certificate holder that at the expiration of ten (10) days
from the receipt of the violation notice, the news rack will be removed by the Board of
Selectmen, unless the violation is corrected.
• Upon removal of a news rack, the Board of Selectmen shall send, by first -class mail,
written notice of such removal to the Certificate Holder.
• Notwithstanding the provisions of the foregoing paragraphs of this section, the Board
of Selectmen may order the immediate removal of any news rack(s) that the Board of
Selectmen determines presents an imminent threat or peril to public safety, provided
that the certificate holder, shall be notified of such removal as soon as practicable
thereafter, and further provided that any news rack so removed shall be stored a
period of thirty (30) days in order to allow the Certificate Holder to retrieve the news
rack. If the Board of Selectmen removes a news rack under this section which does
not have a certificate of compliance, the Board of Selectmen shall dispose of the
news rack at the end of the thirty (30) day period.
8.7.11 Fees For Removal And Storage
A news rack removed pursuant to this bylaw may be retrieved by the Certificate Holder at any
time within thirty (30) days of its removal upon payment of a removal fee of Twenty -Five ($25)
Dollars plus a storage fee of Five ($5) Dollars per day, to a maximum combined removal and
storage fee of One Hundred ($100) Dollars.
After thirty (30) days, any news racks removed by the Board of Selectmen pursuant to 8.7.10 of
this bylaw shall be deemed "abandoned property" and become the property of the Town of
Reading.
Failure of a Certificate Holder to retrieve a news rack within the specified thirty (30) day period
shall not operate to dismiss any fees owed to the Town for removal and storage of such news
rack. Unpaid fees accrued pursuant to this 8.7.11 shall be considered a debt payable to the
Town.
8.7.12 Regulations
The Board of Selectmen may promulgate such rules and regulations consistent with the
provisions of this bylaw and the laws of the Commonwealth of Massachusetts as shall carry out
the purposes of this bylaw.
8.7.13 Effect On Other Laws
Nothing in this bylaw shall affect the adoption of regulations concerning news racks by other
government bodies, such as historic district commissions, to the extent such bodies are
authorized to adopt such regulations.
53 Amended through April 2011
Town of Reading General Bylaw Article 8 - Public Order
8.8 Animal Control
Pursuant to the authority set forth in M.G.L. Chapter 140, Section 147A, the following bylaw is
enacted for the regulation of dogs in the Town of Reading.
8.8.1 Definitions
As used in this bylaw, the following words and terms have the following meanings:
8.8.1.1 Animal Control Officer (ACO)
A person designated by the Town Manager
8.8.1.2 Banishment
An order by the Animal Control Appeals Committee (ACAC) that a vicious dog may no
longer reside or visit in the Town of Reading.
8.8.1.3 Destruction
An order by the Animal Control Appeals Committee (ACAC) that a vicious dog be
destroyed in accordance with M.G.L. Chapter 140, and Massachusetts Society for the
Prevention of Cruelty to Animals guidelines.
8.8.1.4 Effective Voice Control
To be under effective voice control, the animal must be within the keeper's sight and the
keeper must be carrying a leash and the animal must refrain from illegal activities.
8.8.1.5 Keeper
Any person having charge of an animal within the Town of Reading, including but not
limited to the animal's owner, dog walkers, dog sitters, members of the animal owner's
household or family.
8.8.1.6 Kennel
Four or more dogs, six months of age or older, kept on a single property, whether for
breeding, sale, training, hunting, companionship or any other purpose.
8.8.1.7 Kennel License
A special license issued to a kennel, which allows payment of a single fee covering all
dogs in the kennel; with the kennel license, the kennel owner receives a special kennel
tag for each dog in the kennel.
8.8.1.8 License
A dog's registration, evidenced by a tag issued annually by the Town Clerk to the owner
of each dog residing in Reading and worn by the dog securely fixed to its collar or
harness.
8.8.1.9 License Transfer
The registration issued to a dog already licensed in another U.S. jurisdiction, after the
dog moves into the Town of Reading.
8.8.1.10 License Period
An annual period, from January 1 through December 31.
8.8.1.11 Muzzling
Using a device that fits over a dog's mouth and prevents it from biting, but that does not
cause any injury or interfere with the vision or respiration of the dog that wears it.
8.8.1.12 Nuisance Animal
An animal that repeatedly violates Section 8.8.3 of this bylaw.
54 Amended through April 2011
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Town of Reading General Bylaw Article 8 - Public Order
8.8.1.13 Permanent Restraint
An order issued by the Animal Control Appeals Committee under Section 8.8.5.3,
requiring a vicious dog's keeper to restrain it.
8.8.1.14 Restraint
Limiting, restricting, or keeping an animal under control by means of a physical barrier
(e.g., a leash, substantial chain or line, visible or invisible fence).
8.8.1.15 Running at Large
A dog is running at large if it is not on the private property of its keeper, or on private
property with the express permission of that property's owner, or on a leash, or under
effective voice control (i.e., within the keeper's sight and the keeper is carrying a leash).
8.8.1.16 Temporary Restraint
An order issued by the ACO under Section 8.8.3.2, requiring the dog's keeper to restrain
a nuisance dog or suspected vicious dog for thirty (30) days.
8.8.1.17 Vicious Dog
A dog that, without provocation, bites a human being or kills or maims a domestic animal
without provocation.
8.8.1.18 Other Meanings
Any word or term defined in M.G.L. Chapter 140, Section 136A, and not otherwise
defined here, is incorporated by reference.
8.8.2 Vaccination. Licensing and Fees
8.8.2.1 Three or fewer dogs
License and vaccination requirements
All dogs six months and older, while residing in the Town of Reading, must have a
license from the Town Clerk. To obtain or renew the license, each dog owner must
annually present proof of a current rabies vaccination. When a veterinarian determines
that vaccination is inadvisable, the owner may present a veterinarian's certificate
exempting an old or sick dog from vaccination for a stated period of time.
New Dogs
Within thirty (30) days of acquiring a dog six (6) months of age or older, each dog owner
in Reading must present proof of that dog's current rabies vaccination and obtain a
license and dog tag from the Town Clerk.
New Puppies
Within six months of a puppy being born, each dog owner in Reading must present proof
of that puppy's current rabies vaccination and obtain a license and dog tag from the Town
Clerk.
New Residents
A new resident who owns a dog six (6) months of age or older must license it within thirty
(30) days after moving into Reading. The Town Clerk will issue each dog a transfer
license, upon the owner's surrender of a current license from another U.S. jurisdiction
and proof of current rabies vaccination. The transfer license is valid until the next regular
licensing period.
Lost Tags and Replacement Tags
Dog owners must replace a lost tag within three (3) business days of the loss, by
obtaining a replacement tag from the Town Clerk.
55 Amended through April 2011
Town of Reading General Bylaw Article 8 - Public Order
Tag exemptions for dog events and medical reasons:
• A dog while actually participating in an official dog sporting or dog fancy event (if the
event sponsors do not allow participants to wear tags) is exempt from the
requirement that its license tag be affixed to its collar, provided its keeper has the tag
at the event and available for inspection by the ACO.
• When a veterinarian determines that a dog cannot wear a collar for medical reasons,
the dog is exempt from wearing a tag until it recovers, from the requirement that its
license tag be affixed to its collar, provided its keeper has the tag in his or her
possession and available for inspection by the ACO.
Annual Renewal
Dog owners must renew each dog license annually. The annual licensing period runs
from January 1 through December 31.
License Due Date and Late Fee
The application form for obtaining, renewing or transferring a license shall be available to
each household, no later than December 31 each year. Dog owners must return forms
and fees to the Clerk by March 31 (or the first business day thereafter, if March 31 falls
on Friday, Saturday, Sunday or legal holiday). Any license renewed after this date is
overdue, and the owner must pay a late fee as determined by the Board of Selectmen in
addition to the license renewal fee. The overdue license fee and the late fee may be
added to the owner's tax bill or may be recovered through the imposition of a municipal
charges lien on any property standing in the name of the dog owner, pursuant to M.G.L.
Chapter 40, Section 58.
License Fees
The fees for licensing each dog shall be determined by the Board of Selectmen. The fees
shall differentiate between neutered or spayed dogs, and non - neutered or non - spayed
dogs. The fee for neutered or spayed dogs shall be less than the fee for non - neutered or
non - spayed dogs.
8.8.2.2 Four or more dogs
License and Vaccination Requirements
Anyone who owns or boards four or more dogs within the Town of Reading must apply
for and obtain a kennel license from the Town Clerk. (This requirement shall not apply to
medical boarding by any licensed veterinarian practicing in the Town of Reading.) To
obtain or renew the license, the kennel licensee who is also the owner of the dogs must
present proof of current rabies vaccinations for each dog older than six months in the
kennel. When it is off the kennel property, each dog in the kennel must wear a kennel
tag, issued by the Town Clerk, affixed to its collar or harness. Kennel licensees who offer
temporary boarding services must obtain valid proof that each dog in the kennel that is
older than 6 months has received a current rabies vaccination which proof must be
maintained in accordance with 8.8.2.1 bullet one herein.
New Dogs and New Puppies
The kennel licensee who is also the owner of the dogs must report to the Town Clerk
each new dog in the kennel within thirty (30) days of its acquisition, show proof of current
vaccination, and obtain a kennel tag for that dog. The kennel licensee must show proof of
current vaccination and obtain a tag for each puppy when it reaches six months old.
Inspection Process
Before the Town Clerk can issue the kennel license, the Health Division Animal Inspector
must inspect the proposed kennel, file a report on the inspection, and favorably
recommend that the kennel meets all the following requirements:
• The location of the kennel is appropriate for housing multiple dogs.
56 Amended through April 2011
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Town of Reading General Bylaw Article 8 - Public Order
57
• The location of the kennel on the property will have no significant adverse effect on
the peace and quiet or sanitary conditions of the neighborhood.
• The area provided for housing, feeding, and exercising dogs is no closer than twenty
(20) feet to any lot line.
• The area provided for housing, feeding, and exercising dogs is no closer than fifty
(50) feet to any existing dwelling on an abutting lot.
• The kennel will be operated in a safe, sanitary and humane condition.
• Records of the numbers and identities of the dogs are properly kept.
• The operation of the kennel will be consistent with the health and safety of the dogs
and of the neighbors.
Periodic Inspections
Before a kennel license is renewed, and at any time they believe it necessary, the ACO
and /or the Health Division may inspect any kennel. If the ACO or the Health Division
determine that the kennel is not being maintained in a safe, sanitary and humane
condition, or if the kennel records on the numbers and identities of the dogs are not
properly kept, the ACO will report the violations to the Animal Control Appeals Committee
(ACAC) for a hearing on whether to impose fines or revoke the kennel license.
Kennel Review Hearings
Within seven (7) business days after receiving the ACO's report of violations, the ACAC
will notify all interested parties of a public hearing to be held within fourteen (14) days
after the notice date. Within seven (7) business days after the public hearing, the ACAC
shall either revoke the kennel license, suspend the kennel license, order compliance, or
otherwise regulate the kennel.
Penalties
Any person maintaining a kennel after the kennel license has been denied, revoked or
suspended will be subject to the penalties in Section 8.8.7 of this bylaw.
Annual Renewal
Each kennel licensee must renew the license annually at the Town Clerk's Office. The
annual licensing period runs from January 1 to December 31.
License Due Date
Kennel license renewal forms will be sent to each licensed kennel no later than
December 1 each year. Kennel licensees must return forms and fees to the Town Clerk
by January 15 (or the first business day thereafter, if the 15th falls on Friday, Saturday,
Sunday or legal holiday). Failure to pay on time will result in a late fee, due in addition to
the license fee. The overdue license fee and the late fee may be added to the licensee's
tax bill or may be recovered through the imposition of a municipal charges lien on any
property standing in the name of the kennel licensee, pursuant to M.G.L. Chapter 40,
Section 58. Nothing in this bylaw shall prevent or abrogate the Board of Health's authority
to license and inspect kennels in the Town of Reading.
Fees
The fees for licensing each kennel shall be established by the Board of Selectmen.
Incorporation
The following provisions of M.G.L. Chapter 140 are expressly incorporated herein:
Section 137B - Sale or other delivery of unlicensed dog by kennel licensee; Section 137D
- Licensee convicted of violation of statutes relating to offenses against animals; and
Section 138A - Importation of dogs and cats for commercial resale, etc.
Amended through April 2011
Town of Reading General Bylaw Article 8 - Public Order
8.8.3 Conduct of Animals
8.8.3.1 Endangering Safety
No animal keeper shall allow its animal to bite, menace or threaten, all without
provocation, so as to endanger the safety of any person. This section is not meant to
preclude an animal from acting as a watchdog on its keeper's property.
8.8.3.2 Disturbing the Peace
No animal keeper shall allow the animal to disturb the peace of any neighborhood by
making excessive noise without provocation. Noise is excessive if it is uninterrupted
barking, yelping, whining, or howling for a period of time exceeding 15 minutes. This
section is not meant to preclude a dog from acting as a watchdog on its keeper's
property.
8.8.3.3 Damaging Property
No animal keeper shall allow the animal to damage public or private property or realty.
8.8.3.4 Running at Large
When not on the private property of its keeper, or on private property with the express
permission of that property's owner, an animal must be on a leash or may be under
effective voice control in locations noted below. To be under effective voice control, the
animal must be within the keeper's sight and the keeper must be carrying a leash.
Voice Control in Place of Leash Control Allowed
A dog may be under voice control when within the Town Forest or on Conservation lands.
Public Gatherings - Leash Control Only
An animal may be at any public gathering not otherwise specified in this bylaw only if it is
on a six -foot or shorter leash and the animal must refrain from illegal activities.
School Grounds
Animals are not allowed during school - leash control only at other times. Unless the
school Principal gives permission in advance, no animal may be on school grounds from
thirty (30) minutes before classes begin until thirty (30) minutes after classes end. At all
other times, the animal may be on school grounds only if it is on a six -foot or shorter
leash. An animal is not violating this prohibition if it remains within a vehicle.
Exception for Assistance Animals (service animals)
Section 8.8.3.4 does not apply to any properly trained assistance animal or service
animal while performing its duties.
8.8.3.5 Chasing
No animal keeper shall allow the animal to chase a person, motor - powered vehicle,
human - powered vehicle, or animal drawing or carrying a person.
8.8.3.6 Dog Litter
Every dog keeper is responsible for expeditiously removing any dog feces the dog
deposits anywhere except on its keeper's private property, on other private property with
the property owner's permission. This provision does not apply to any assistance dog or
service dog while it is performing its duties.
8.8.4 Animal Control Officer
8.8.4.1 Appointment
The Town Manager shall appoint an Animal Control Officer (ACO) under the provisions of
M.G.L. Chapter 140, Sections 151 and 151A to carry out the provisions of this bylaw and
58 Amended through April 2011
Town of Reading General Bylaw Article 8 - Public Order
59
to perform such other duties and responsibilities as the Town Manager or his designee
may determine.
8.8.4.2 Duties
The ACO's duties shall include but not be limited to the following:
• Enforcement of the Town of Reading Animal Control bylaw and relevant State
regulations.
• Explanation of bylaw violations.
• Notification to the owner of unlicensed dogs.
Issuance of Temporary Restraint Orders
The ACO shall issue an order of temporary restraint to the keeper of any animal that is a
nuisance or that is awaiting a decision under Section 8.8.6 as to whether it is vicious. An
order of temporary restraint is an order that the animal must be confined to its keeper's
property when not on a six (6) foot or shorter leash or may be ordered to be sheltered at
a local kennel or veterinarian facility at the animal owner's expense; muzzling will be at
the ACO's discretion. It shall be in force for no more than thirty (30) days unless the ACO
renews it in writing for subsequent thirty (30) day periods. The ACO shall rescind or stop
renewing the order when, in the ACO's judgment, restraint is no longer required. The
animal's keeper can petition the Animal Control Appeals Committee (ACAC) under
Section 8.8.5.2 to rescind the order of Temporary Restraint.
Issuance of an Order of Confinement
The ACO may make arrangements for the temporary housing of any animal that is to be
confined under the provisions of this bylaw. The housing may be at local veterinary
clinics, or at dog kennels within the Town or neighboring towns, and shall be at the
animal owner's expense.
Complaint Resolution
The ACO shall investigate all complaints arising within the Town pertaining to violations
of this bylaw and try to mediate disputes between Town residents pertaining to the
behavior of an animal maintained or located within the Town. If the mediation fails, the
ACO will decide on a solution and inform the animal owner and any resident that brought
a complaint or problem to the ACO's attention. Any party aggrieved by or disagreeing
with the ACO's decision may appeal that decision to the Animal Control Appeals
Committee; the ACO shall attend the meetings of the ACAC on the matter.
Recordkeeping
The ACO shall keep accurate, detailed records of the confinement and disposition of all
animals held in custody and of all bite cases reported, and the results of investigations of
the same. The ACO shall maintain a telephone log of all calls regarding animals and
submit a monthly report summarizing the log to the ACAC.
8.8.5 Animal Control Appeals Committee (ACAC)
8.8.5.1 Composition of the ACAC
The Animal Control Appeals Committee is comprised of three Reading residents, none of
whom can be employees of the Town, appointed to three -year overlapping terms by the
Board of Selectmen. The ACAC will annually select a member to serve as the Chair. At
least one of the three members must be a dog owner.
8.8.5.2 Right to Appeal
When the ACO has investigated a complaint regarding an animal's behavior and has
issued a finding or an order of Temporary Restraint with which either the animal's keeper
or the complainant disagrees, then either party may appeal by sending a written request
to the Town Clerk within ten (10) business days after issuance of the ACO's decision.
Following the Clerk's receipt of a written appeal, the ACAC shall hold a public hearing on
Amended through April 2011
(5�
Town of Reading General Bylaw Article 8 - Public Order
the appeal within fourteen (14) days, at which the dog owner, the complainant, and the
ACO must appear.
8.8.5.3 Findings and Further Appeals
The ACAC shall vote at the public hearing on whether to uphold, reverse, or modify the
ACO's decision and shall mail its ruling to the animal owner, complainant, and ACO
within three (3) business days after the public hearing.
8.8.5.4 Hearings
The ACAC shall hold public hearings and make decisions on any vicious dog declaration
under Section 8.8.6.
8.8.5.5 Further Appeals
An appeal from a decision of the ACAC may be made by either the Owner or
Complainant.
8.8.6 Vicious Dogs
8.8.6.1 Declaring a Dog Vicious
Any dog that, without provocation, bites a human being or kills or maims a domestic
animal without provocation may be declared vicious by the ACAC. An exception may be
made for a puppy (animal under six (6) months old) that draws blood, or for a dog that
attacks or bites an unaccompanied domestic animal on the dog keeper's property.
8.8.6.2 Procedure for Declaring a Vicious Dog
Upon the written complaint of the ACO, any other public safety agent, or upon the petition
of not less than five (5) individuals from five (5) separate households the Animal Control
Appeals Committee (ACAC) shall hold a public hearing, after which it will determine
whether it should declare a dog vicious and, if so declared, what remedy is appropriate.
8.8.6.3 Exceptions
A dog shall not be declared vicious if the ACAC determines any of the following:
• The person's skin was not broken.
• The person who was bitten was willfully trespassing, committing a crime, or
attempting to commit a crime on the premises occupied by the dog's keeper.
• The dog was being teased, tormented, abused, or assaulted by the injured person or
animal prior to attacking or biting.
• The dog was protecting or defending a human being in its immediate vicinity from
attack or assault.
8.8.6.4 Remedies
Upon its finding that the dog is vicious, the ACAC shall order one of the following
remedies: permanent restraint, banishment, or destruction in accordance with MSPCA
guidelines.
• Permanent Restraint Order is an order that the dog must at all times while on its
keeper's property be kept within the keeper's house or a secure enclosure. The
secure enclosure shall be a minimum of five (5) feet wide, 10 feet long, and five (5)
feet in height, with a horizontal top covering the entire enclosure; shall be constructed
of not less than nine (9) gauge chain link fencing; the floor shall be not less than
three (3) inches of poured concrete; with the bottom edge of fencing embedded in the
concrete; shall be posted with a clearly visible warning sign including a warning
symbol; must contain and provide protection from the elements; and shall comply
with all applicable building codes and with the Zoning By -Laws of the Town of
Reading. In addition, the keeper of the dog shall annually provide proof to the Town
Clerk of a liability insurance policy of at least One Hundred Thousand ($100,000)
Dollars for the benefit of the public safety; and whenever the dog leaves its keeper's
60 Amended through Apri 11
19
Town of Reading General Bylaw Article 8 - Public Order
61
property, it must be muzzled and restrained on a lead no longer than six feet or
confined in an escape -proof enclosure.
Banishment is an order that a vicious dog may no longer reside or visit in the Town of
Reading. A vicious dog that is confined to a vehicle while passing through Reading is
not "visiting" and therefore is not in violation of the order of Banishment.
Destruction is an order that the dog be destroyed in accordance with M.G.L. Chapter
140, and Massachusetts Society for the Prevention of Cruelty of Animals guidelines.
8.8.7 Penalties
8.8.7.1 Fines
Any animal keeper who maintains a kennel after the kennel license has been denied,
revoked or suspended, or who fails to obtain a kennel license; and any animal keeper
who fails to comply with Section 8.8.3 Conduct of Animals shall be subject to penalties as
determined by the Animal Control Appeals Committee, not exceeding Three Hundred
($300) Dollars per day for every day of the violation.
8.8.7.2 Reimbursement of Costs
If the Animal Control Officer confines a dog and the animal owner does not pay all fees
directly to the kennel or veterinary clinic, then the dog's keeper must reimburse the Town
of Reading for any expenses incurred in boarding that dog. If the dog has not been
licensed, the keeper must obtain a license and pay any applicable late fee before the dog
can be released.
8.8.7.3 Penalties for Violating Restraint Orders
The ACAC shall determine a schedule of penalties not exceeding Three Hundred ($300)
Dollars per day for each and every violation of restraint orders.
8.8.8 Miscellaneous
8.8.8.1 Non - Criminal Disposition
The ACO may, as an alternative to initiating criminal proceedings, initiate and pursue
proceedings for the non - criminal disposition of any violation of this bylaw, in accordance
with the provisions of M.G.L. Chapter 40, Section 21D, to the extent of the specific
penalty provided therefore.
8.8.8.2 Incorporation of State Law
The provisions of M.G.L. Chapter 140, Sections 136A through 156 and 158 through
174D, inclusive, as may be amended from time to time and except as modified herein,
are hereby incorporated into this bylaw.
8.9 Public Conduct
8.9.1 Firearms
No person shall fire or discharge any fireworks, firearms, cannon or explosives of any kind
• on or within the limits of any street, highway, park or other public property, except with the
written permission of the Board of Selectmen or its designee, or
• on any private property except with the written consent of the owner or legal occupant thereof
and the written permission of the Board of Selectmen or its designee; provided, however, that
this bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement
officer acting in the discharge of his duties, nor to the use of such weapon at any military
exercises or any established rifle range, nor to the rights and privileges of an owner or lessee
of land asset forth in M.G.L. Chapter 131 relative to hunting and sporting.
8.9.2 Peeping
No person, except an officer of the law in the performance of his duties, shall enter upon the
premises of another or upon public lands with the intention of peering into the windows or doors
of a house or of spying upon, in any manner, any person or persons therein.
Amended through April 2011
9
Town of Reading General Bylaw Article 8 - Public Order
62
8.9.3 Burninq Leaves
No person shall burn or cause to be burned in the open, fallen leaves within the Town.
8.9.4 Public Buildings, Public Property and Public Ways
8.9.4.1 Gambling Prohibited
No person shall gamble in any building or room owned or occupied by the Town, or upon
any public property or public ways, except as otherwise authorized by the Board of
Selectmen, special Statute or general laws.
8.9.4.2 Liquor Prohibited
No person shall keep, use or have in his possession any spirituous or intoxicating liquor
in any building or room owned or occupied by the Town, or upon any public property or
public ways, except as otherwise authorized by the Board of Selectmen, special Statute
or general laws.
8.9.4.3 Tobacco Regulated
No person shall smoke or have in his possession any lighted cigar, cigarette, or other
tobacco product in any building or room owned or occupied by the Town.
8.9.5 Loitering
No person, after being otherwise directed by a Police Officer, shall loiter, sit or stand in any street,
common place or public building so as to obstruct or impede the free passage of any other
person.
8.9.6 Consumption of Alcoholic Beverages
No person shall consume any alcoholic beverages as defined in M.G.L. Chapter 138, Section 1,
while on, in or upon any public way, public parking lot or upon any vehicle on such way, lot or
place except as otherwise authorized by the Board of Selectmen, special Statute or general laws.
All alcoholic beverages being used in violation of this bylaw shall be seized and safely held until
final adjudication of the charges against the person or persons arrested or summoned before the
Court, at which time they shall be returned to the person entitled to lawful possession.
8.9.7 Public Consumption of Marijuana or Tetrahydrocannabinol
No person shall smoke, ingest or otherwise use or consume marijuana or tetrahydrocannabinol
(as defined in M.G.L. Chapter 94C, Section 1, as amended) while in or upon any street, sidewalk,
public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat
landing, public building, school house, school grounds, cemetery, parking lot or any area owned
by or under the control of the Town; or in or upon any bus or other passenger conveyance
operated by a common carrier, or in any place accessible to the public.
This bylaw may be enforced through any lawful means in law or in equity including enforcement
by noncriminal disposition, pursuant to M.G.L. Chapter 40, Section 21D, by the Police
Department. The fine for violation of this bylaw shall be Three Hundred ($300) Dollars for each
offense. Any penalty imposed under this bylaw shall be in addition to any civil penalty imposed
under M.G.L. Chapter 94C, Section 32L.
8.9.8 Construction Hours
8.9.8.1 Purpose
The intent of this bylaw is to regulate the hours during which construction and demolition
activities may take place within the Town and otherwise to limit the impact of such
activities on nearby residents and business.
Amended through April 2011
Town of Reading General Bylaw Article 8 - Public Order
8.9.8.2 Definition
"Construction" shall mean and include the construction, reconstruction, alteration, repair,
demolition and /or removal of any building, structure or substantial part thereof if such
work requires a building permit, razing permit, electrical permit, plumbing permit, gas
permit, or mechanical permit. "Construction" shall also include excavation that involves
the use of blasting jackhammers, pile drivers, back hoes and /or other heavy equipment.
"Construction" shall also include the starting of any machinery related to the above;
deliveries; fueling of equipment; and any other preparation or mobilization for
construction which creates noise or disturbance on abutting properties.
For purposes of this section a "small contractor' shall mean a licensed person hired to
perform less substantial construction work which shall mean work performed entirely on
the interior of a building, with no evidence of such activity visible or audible at the
property line of the property where construction is taking place.
8.9.8.3 Hours
No person shall perform any construction within the Town except between the following
hours, except that set -up and delivery may take place as early as 6:30 AM:
• 7:00 AM and 8:00 PM, Monday through Friday;
• 7:00 AM to 5:00 PM on Saturdays;
• None on Sundays and legal holidays.
8.9.8.4 Exemptions
The restrictions set forth in this bylaw shall not apply to any work performed as follows:
• By any federal or state department, Reading Department of Public Works, the
Reading Municipal Light Department and /or any contractors working directly for these
agencies, when working within a public way or within easements;
• By a resident on or in connection with his residence, without the aid of hired
contractors, whether or not such residence is a detached single family home;
• Less substantial construction performed by a small contractor as defined above;
• Work occasioned by a genuine and imminent emergency, and then only to the extent
necessary to prevent loss or injury to persons or property.
8.9.8.5 Permits
The Chief of Police or his designee (the Chief), may in his reasonable discretion, issue
permits in response to written applications authorizing applicants to perform construction
during hours other than those permitted by this bylaw. Such permits may be issued upon
a determination by the Chief, in consultation with the Building Inspector, the Town
Engineer or other Town staff, that literal compliance with the terms of this bylaw would
create an unreasonable hardship and that the work proposed to be done (with or without
any proposed mitigative measures) will have no adverse effects of the kind which this
bylaw seeks to reduce. Each such permit shall specify the person authorized to act, the
dates on which or within which the permit will be effective, the specific hours and days
when construction otherwise prohibited may take place, and any conditions required by
the Chief to mitigate the effect thereof on the community. The Chief may promulgate a
form of application and charge a reasonable fee for each permit. No permit may cover a
period of more than thirty (30) days. Mitigative measures shall include notice to residents
in the surrounding area, and other mitigation as determined by the Chief. Objections by
such residents shall be noted by the Chief and shall be taken into account when
considering issuance of such permit.
8.9.8.6 Unreasonable Noise
Regardless of the hour or day of the week, no construction shall be performed within the
Town in such a way as to create unreasonable noise. Noise shall be deemed
unreasonable if it interferes with the normal and usual activities of residents and
63 Amended through April 2011
Town of Reading General Bylaw Article 8 - Public Order
businesses in the affected area and could be reduced or eliminated through reasonable
mitigative measures.
8.9.8.7 Copy of Bylaw
The Building Inspector shall deliver a copy of this bylaw to each person to whom it issues
a building permit, razing permit, electrical permit, plumbing permit, gas permit or
mechanical permit at the time that the said permit is issued.
8.9.8.8 Enforcement
The Police Department, Zoning Officer and /or other agent designated by the Town
Manager shall enforce the restrictions of this bylaw. Violations of this bytlaw shall result in
a fine of Three Hundred ($300) Dollars for each violation. Each day or portion thereof that
a violation continues shall constitute a separate offense. Any alleged violation of this
bylaw may, in the sole discretion of the enforcing agent, be made the subject matter of
non - criminal disposition proceedings commenced by such agent under Section 1.8 of this
bylaw and M.G.L. Chapter 40, Section 21 D.
8.9.9 Door -To -Door Solicitors and Canvassers
8.9.9.1 Definitions
• As used in this section, the terms "solicit" and "canvas" shall mean and include any
one or more of the following activities conducted at residences without the previous
consent of the owner:
• Seeking to obtain the purchase, or orders for the purchase of goods, wares,
merchandise, foodstuffs or services of any kind, character or description
whatever for any kind of consideration whatsoever; or
• Seeking to obtain subscriptions to books, magazines, periodicals, newspapers
and every other type or kind of publication.
8.9.9.1 Applicability
• The provisions of this section shall not apply to officers or employees of the Town,
State or Federal government, or any subdivision thereof when on official business, or
to neighborhood youth and students who solicit for the shoveling of snow or cutting of
lawns or similar services to residents, nor shall it be construed to prevent route
salespersons or other persons having established customers to whom they make
periodic deliveries from calling upon such customers.
• If any solicitor or canvasser is under the age of eighteen (18) years and is selling
goods or periodicals for a commercial purpose, the provisions of M.G.L. Chapter 101,
Section 34 shall apply.
• The provisions of this section shall not apply to any person soliciting solely for
religious, charitable or political purposes.
8.9.9.2 Registration Required
It shall be unlawful for any person to solicit or canvas or engage in or conduct business
as a canvasser or solicitor without first having obtained a Certificate of Registration from
the Chief of Police as provided in this section.
8.9.9.3 Application for Certificate of Registration
• Application for a Certificate of Registration shall be made upon a form provided by
the Police Department along with a nonrefundable application fee. Said fee to be
determined by the Board of Selectmen.
• An authorized representative of the sponsoring organization shall apply to the Chief
of Police or his designee either in person or by mail. All statements on the application
or in connection therewith shall be under oath. The applicant shall provide all
information requested on the application, including:
• Name, address and telephone number of the sponsoring organization, along with
a listing of all officers and directors;
64 Amended through April 2011
611
Town of Reading General Bylaw Article 8 - Public Order
• State and /or Federal Tax Identification Number of the sponsoring organization;
• Name, residential and business address, length of residence at such residential
address, telephone number, social security number and date of birth of each
representative of the sponsoring organization who will be soliciting or canvassing
in the Town;
• Description sufficient for identification of the subject matter of the soliciting or
canvassing in which the organization will engage;
• Period of time for which the Certificate is applied (every Certificate shall expire
within one year of date of issue);
• The date of the most recent previous application for a Certificate under this
section;
• Any previous revocation of a Certificate of Registration issued to the organization
or to any officer, director or representative of the organization by any city or town
and the reasons therefore;
• Any convictions or imprisonment for a felony, either state or federal, within five
(5) years of the application, by the sponsoring organization, any of its officers or
directors, or any representative who will be soliciting or canvassing in the Town;
• Names of the three (3) communities where the organization has solicited or
canvassed most recently;
• Proposed dates, hours and method of operation in the Town;
• Signature of an authorized representative of the sponsoring organization.
• A photograph or an acceptable photocopy of a photograph of each representative of
the sponsoring organization who will be soliciting or canvassing in the Town shall be
attached to the application.
• No Certificate of Registration shall be issued to any person, or to any organization
having an officer or director, who was convicted of commission of a felony, either
state or federal, within five (5) years of the date of the application, nor to any
organization or person whose Certificate of Registration has previously been revoked
as provided below.
• Fully completed applications for Certificates shall be acted upon within five (5)
business days of receipt. The Chief of Police shall cause to be kept in his office
accurate records of every application received together with all other information and
data pertinent thereto and of all Certificates of Registration issued under this section
and of all denials.
• Upon approval of an application, each solicitor or canvasser shall be issued a
Certificate of Registration with a photo identification badge to carry upon his person
at all times while soliciting or canvassing in the Town and to display the certificate
whenever asked by any police officer or any person solicited.
8.9.9.4 Revocation of Certificate
• Any Certificate of Registration issued hereunder may be revoked by the Chief of
Police for good cause, including conviction of the holder of the Certificate of a
Violation of any of the provisions of this section or a false material statement in the
application. Immediately upon such revocation, the Chief of Police shall give written
notice to the holder of the Certificate in person or by certified mail addressed to his
residence address set forth in the application.
• Immediately upon the giving of such notice, the Certificate of Registration shall
become null and void. In any event, every Certificate of Registration shall state its
expiration date, which shall be no later than one year from date of issue.
8.9.9.5 Deceptive Practices
No solicitor or canvasser registered or exempt from registering may use any plan,
scheme, or ruse which misrepresents the true status or mission of any person conducting
the solicitation or canvas in order to gain admission to the home, office or other
establishment of any person in the Town.
65 Amended through April 201111
r!J
Town of Reading General Bylaw Article 8 - Public Order
ss
8.9.9.6 Duties of Solicitors and Canvassers
It shall be the duty of every solicitor and canvasser going onto any premises in the Town
to:
• Display a Town- issued photo identification badge on the outside of their person; and
• First examine whether there is a notice posted stating that no solicitors are welcome.
If such notice is present, then the solicitor or canvasser shall immediately and
peacefully depart from the premises; and
• Any solicitor or canvasser who has gained entrance to any residence, whether invited
or not, shall immediately and peacefully depart from the premises when requested to
do so by the occupant.
8.9.9.7 Penalty for Violations
The Police Department shall enforce the provisions of this bylaw. Fines shall be
assessed and collected as follows:
• 1st Offense: One Hundred ($100) Dollars
• 2nd Offense: Two Hundred ($200) Dollars
• 3rd and Subsequent Offences: Three Hundred ($300) Dollars
Each day a violation exists shall be deemed to be a separate violation. Any alleged
violation of this bylaw may, in the sole discretion of the enforcing agent, be made the
subject matter of noncriminal disposition proceedings commenced by such agent in
accordance with Section 1.8 of this bylaw and M.G.L. Chapter 40, Section 21 D.
Amended through April 2011
(f7)
Town of Reading General Bylaw Appendix
APPENDICES
Appendix A: Map - West Street Historic District
I WEST STREET HISTORIC DISTRICT, READING MA__ I
law's
67
Z
T,
y OAK
0.
0
Ilk
a--
Amended through April 11
qV1
mom
Legend
Parking
Town Boundary
7-
Paved
West Street Historic District
Unpaved
Parcels
Roads
Buildings
Map by: Town of Reading
Bridge
Driveway
Parcels va lid 1/1/07.
Building footprints, roads,
driveways, and
Paved
Roads under Construction
-,Unpaved
Amended through April 11
qV1
mom
7-
WF
Map by: Town of Reading
Map date: 9120/07
Parcels va lid 1/1/07.
Building footprints, roads,
driveways, and
parking
based 1998
on aerial photos.
Data are for planning
purposes only.
0 100200 400 600
MENNEN== Ft
Amended through April 11
qV1
Town of Reading General Bylaw
CHRONOLOGY
Article Bylaw Date Adopted by Warrant Article Amendments
Town Meeting
1.1
Purpose of Bylaw
November 13, 1989
4
----------------------------------------------------------------------------------
1.2
Construction
November 13, 1989
4
----------------------------------------------------------------------------------
1.3
Amendment
March 27, 1958
63
----------------------------------------------------------------------------------
1.4
Repeal
June 5, 1916
13
----------------------------------------------------------------------------------
1.5
Enforcement
March 2, 1896
52
----------------------------------------------------------------------------------
1.6
Severability
November 13, 1989
4
----------------------------------------------------------------------------------
1.7
----------------------------------------------------------------------------------
Definitions
November 30, 1990
General Town Meeting
2.1
(1)
March 2, 1896
52
-----------------------------------------------------------------------------------
Conduct of Town
2.2
Meeting
March 2, 1896
52
-----------------------------------------------------------------------------------
3.1
Board of Selectmen (1)
June 15, 1916
13
-----------------------------------------------------------------------------
Town Treasurer
- - - - --
3.2
Collector - Accountant
March 2, 1896
52
-----------------------------------------------------------------------------------
3.3
Town Clerk (1)
June 15, 1916
13
-----------------------------------------------------------------------------------
(1)
June 15, 1916
13
3.4
Finance Committee
March 1, 2007
11
-----------------------------------------------------------------------------------
3.5
Bylaw Committee
November 17, 1977
14
-----------------------------------------------------------------------------------
3.6
Council on Aging
March 21, 1957
31
-----------------------------------------------------------------------------------
3.7
Gas Inspector
May 24, 1961
2
-----------------------------------------------------------------------------------
3.8
Audit Committee
November 12, 1992
35
-----------------------------------------------------------------------------------
Capital Improvements
4.1
Program
April 17, 1977
15
-----------------------------------------------------------------------------------
Resolution of Legal
4.2
Matters
November 13, 1986
16
-----------------------------------------------------------------------------------
Town Reports and
March 20, 1972
5
4.3
Records
April 23, 2007
12
68
1988
1972
1916, 1972
1917, 1992, 1994,
1995, 1996, 1999,
2005
1916, 1994, 1998,
2003, 2005
1972
1947, 1958, 1972
------------------ - - - - --
1972
1958, 1991, 2007
------------------ - - - - --
1990
------------------ - - - - --
1977
2003
Various
2007
Chronology
Amended through April 2011
Ci
Town of Reading General Bylaw Chronology
Article
Bylaw
Date Adopted by
Town Meeting
Warrant Article
Amendments
Conflict of Interest
1916, 1958, 1990,
4.4
--------------------------------------------------------------------------------------------------------------------------------------------
(Contracts)
March 2, 1896
52
1996, 1998
April 23, 1981
23
2001
4.5
Licenses
April 22, 2002
18
2002
--------------------------------------------------------------------------------------------------------------------------------------------
Disposal of Surplus
November 16, 1970
11
1991
4.6
Property
November 10, 2003
15
2003
--------------------------------------------------------------------------------------------------------------------------------------------
4.7
--------------------------------------------------------------------------------------------------------------------------------------------
Personnel
January 17, 1949
2
1975, 1987
Physical Qualifications
4.8
for Town Employees
March 24, 1960
24
1982
--------------------------------------------------------------------------------------------------------------------------------------------
April23, 1981
21
1990
4.9
User Fees
April 22, 2002
18
2002
--------------------------------------------------------------------------------------------------------------------------------------------
Municipal Data
4.10
Processing Center
June 10, 1982
6
--------------------------------------------------------------------------------------------------------------------------------------------
4.11
Rules and Regulations
November 14, 1988
30
--------------------------------------------------------------------------------------------------------------------------------------------
5.1
--------------------------------------------------------------------------------------------------------------------------------------------
Public Works
March 2, 1896
52
Various, 1991
Streets, Highways and
1916, 1958, 1994,
5.2
Public Property
March 2, 1896
52
1996
--------------------------------------------------------------------------------------------------------------------------------------------
5.3
Anti - Litter
March 20, 1972
5
--------------------------------------------------------------------------------------------------------------------------------------------
5.4
Excavation and Wells
October 5, 1953
2
1990
--------------------------------------------------------------------------------------------------------------------------------------------
5.5
Public Conduct
Various as Per:
--------------------------------------------------------------------------------------------------------------------------------------------
5.5.1
Firearms
April 16, 1956
49
--------------------------------------------------------------------------------------------------------------------------------------------
5.5.2
Peeping
March 21, 1968
36
--------------------------------------------------------------------------------------------------------------------------------------------
5.5.3
Burning Leaves
March 30, 1970
57
--------------------------------------------------------------------------------------------------------------------------------------------
March 20, 1972
5
April 25, 2002
24
November 10, 2003
16
1987, 1993
5.5.4
Public Buildings
November 9, 2009
12
2002
--------------------------------------------------------------------------------------------------------------------------------------------
5.5.5
Loitering
March 3, 1896
9
1972
--------------------------------------------------------------------------------------------------------------------------------------------
Consumption of
5.5.6
Alcoholic Beverages
September 24, 1973
3
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5.5.7
Creating a Hazard
November 12, 1985
13
69 Amended through April 2011
O
Town of Reading General Bylaw Chronology
Article
Bylaw
Date Adopted by
Town Meeting
Warrant Article
Amendments
Construction Hours
5.5.8
and Noise Limits
November 16, 2006
15
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Door- to -Door
Solicitors and
5.5.9
Canvassers
May 1, 2006
23
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Public Consumption of
Marijuana or
5.5.10
Tetrahyudrocannabinol
May 4, 2009
17
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March 30, 1970
59
April 22, 2002
18
May 1, 2006
21
1972, 1998, 2000
5.6
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Animal Control Bylaw
April 30, 2007
26
2002, 2006, 2007
November 15, 1979
14
1990, 1991, 1992
5.7
Wetlands Protection
November 19, 2001
23
2001
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5.8
Scenic Roads
April 14, 1983
10
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5.9
News Racks
November 28, 1983
18
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April 14, 1988
4
2000
5.10
Retail Sales
March 1, 2007
12
2007
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Non- Criminal
Disposition of Certain
Violations of Bylaws
and Rules and
5.11
---------------------------------------------------------------------------------------------------------------------------------------
Regulations
November 14, 1988
21
1991, 1994
Regulation of Certain
5.12
Motor Vehicles
November 12, 1992
37
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Demolition of
November 16, 1995
13
Structures of Potential
May 4, 2006
24
5.13
---------------------------------------------------------------------------------------------------------------------------------------
Historical Significance
April 28, 2011
19
2006, 2011
Emergency Vehicle
5.14
Access and Fire Lanes
April, 1997
29
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Designated Parking
Spaces and Curb
Ramps for Disabled
Veterans or
5.15
Handicapped Persons
May 5, 1997
30
----------------------------------------------------------------------------------------------------------------------------------------
Outdoor Loudspeakers
and Public Address
5.16
Systems
April 30, 1998
23
70 Amended through April 2011
8l
Town of Reading General Bylaw Chronology
Article Bylaw Date Adopted by Warrant Article Amendments
Town Meeting
Storing and Handling
of Crude Petroleum or
any Crude Petroleum April 26, 2004 11
5.17 Products April 25, 2011 18 2011
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November 18, 2004 17
5.18 Local Historic District May 5, 2005 27
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6.0 Building Code March 4, 1902 42 Various
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(1) Function was not initiated by a bylaw but mandated by State statute.
Major Revisions of bylaw were conducted in 1916, 1949, 1958, 1972, 1989 and 2011.
Not a part of the General Bylaw document. For information purposes only.
71 Amended through April 2011