Original by-laws adopted at Annual Town Meeting
February 19, 1949
Approved by Attorney General August 9, 1949
CHAPTER I
GENERAL PROVISIONS
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Section 1. The following provisions shall constitute the General
By-Laws of the Town of North Brookfield, which shall be in lieu of
all by-laws heretofore in force.
Section 2. The repeal of a by-law shall not thereby
have the effect of reviving any by-law theretofore repealed.
Section 3. Words and phrases specifying or naming any officer,
board, or committee of the town, shall be construed as including the
lawful successor, or the person or persons having the powers and
performing the studies of such officer, board, or committee.
Section 4. Whoever violates any of the provisions of these by-laws
whereby any act or thing is enjoined or prohibited, shall, unless
other provision is expressly made, forfeit and pay a fine not
exceeding three hundred dollars ($300.00) for each offense.
Section amended at Annual Town Meeting May 11, 1990
Approved by Attorney General September 5, 1990
CHAPTER II
TOWN MEETINGS
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Section 1. The Annual Town Meeting shall be held on the first Monday
of May of each year. The polls shall be opened at 7 o’clock in the
morning and shall be closed at 8 o’clock in the evening, for the
purpose of election of town officers and for voting upon such other
matters as may be voted on for the official ballot. The annual
adjourned meeting for the consideration of all other business shall
be held on the Friday following at 7:30 o’clock in the evening.
Section amended at Special Town Meeting June 26, 1992
Approved by Attorney General December 21, 1992
Section 2. Notice of every Town Meeting shall be
given by posting an attested copy of the warrant therefore in at
least two public places in the Town, not less than seven days before
the day fixed for the Annual Town Meeting and not less than fourteen
days before the day fixed for a Special Town Meeting.
Section 3. At least four days before the Annual Town Meeting, the
Town Reports shall be available at such place as the Selectmen shall
designate.
Section 4. Ten voters shall constitute a quorum for
the transaction of business at any Town Meeting, except at the
Annual Town Meeting for the election of officers, the polls may be
declared open without a quorum being present.
Section 5. At all Town Meetings only registered
voters and persons having official business with the meeting shall
be admitted to the main floor of the hall where voting is to take
place, and no vote, other than by written ballot, shall be received
from any qualified voter in any other part of the hall.
Section 6. No person not a voter of the Town, except
a person introduced to speak by a Town official or Town committee
interested in the subject matter, shall address a town meeting
without consent of the meeting.
Section 7. Articles of the warrant shall be acted upon in the order
in which they appear unless otherwise determined by a vote of the
meeting.
Section 8. Any motion, if required by the Moderator
or Town Clerk, shall be presented in writing.
Section 9. If a motion is susceptible of division, it
shall be divided and the question shall be put separately upon each
part thereof, if seven voters so request.
Section 10. There shall be no more than two
amendments to a motion.
Section 11. All votes on motions shall be taken in the first
instance by a show of hands; if the Moderator be in doubt he may
call for a second show of hands and may appoint tellers to count the
vote; if the Moderator be still in doubt, or if the vote as declared
by the Moderator be questioned by seven or more voters, the vote
shall be taken by a “yes” and “no” ballot. Any vote, however, may be
taken by ballot in the first instance if a motion to that effect
shall have been made and carried by a majority of the voters
present, and must be taken by ballot if the vote involves the
appropriation of more that ten thousand dollars ($10,000.00) for any
purpose other than annual departmental appropriations or involves
the borrowing of money for any amount.
Section amended at Special Town Meeting November 10,
2006
Approved by Attorney General January 11, 2007
Section 12. A motion to reconsider any vote must be
made before the adjournment of the meeting at which the vote was
taken; and no motion to reconsider any vote shall be made at an
adjourned meeting unless the mover of such motion shall have given
notice of his intention to move reconsideration by written notice to
the Town Clerk within forty-eight (48) hours of the session at which
said vote was passed. There shall be no reconsideration of a vote
once reconsidered, and when reconsideration shall have been refused
by the meeting, the Moderator shall refuse to entertain any motion
for further reconsideration.
Section 13. All committees shall report as directed
by the Town. If no report is made within a year after its
appointment, a committee shall be discharged unless, in the
meantime, the Town shall have granted an extension of time.
Section 14. No motion, the effect of which would be
to dissolve the meeting, shall be in order until every article in
the warrant therefore has been duly considered and acted upon, but
this shall not preclude the postponement of consideration of any
article to an adjournment of the meeting at a stated time and place.
Section 15. In all matters not herein provided for, the meetings
shall be governed by the rules of Parliamentary Practice as set
forth in Town Meeting Time.
Section amended at Annual Town Meeting May 11, 2001
Approved by Attorney General August 31, 2001
CHAPTER III
TOWN OFFICERS
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Section 1. The Selectmen shall have the general
direction and management of the property and affairs of the Town in
all matters not otherwise provided by law or these by-laws.
Section 2. The Selectmen shall cause each Town
officer and department head having custody of Town property to keep
and true inventory thereof on file, and each officer and department
head shall deliver a copy of said inventory to the Town Accountant
at least annually.
CHAPTER IV
FINANCE COMMITTEE
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Section 1. The Board of Selectmen shall annually
appoint a Finance Committee of seven members, or may act as such
Finance Committee, and such committee shall have all the powers and
duties vested in it by law. Beginning July 1, 1977 the Board of
Selectmen shall appoint three members of the Finance Committee for a
term of one year; two members for a term of two years; two members
for a term of three years; and thereafter members shall appointed
for a term of three years. The Board of Selectmen shall also
annually appoint one or more alternate members of the Finance
Committee, who shall have all of the rights and powers to act on all
Finance Committee matters in the absence of a quorum or regular
Finance Committee members.
Section amended at Special Town Meeting October 26,
1993
Approved by Attorney General February 23, 1994
CHAPTER V
DUTIES OF SELECTMEN
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Section 1. The Selectmen shall constitute the Town House Committee.
Section 2. All conveyances of land or interest in
land which may hereafter be authorized by vote of the Town, or
otherwise, shall be signed by a majority of the Board of Selectmen
unless otherwise provided by law or by vote of the Town.
Section 3. The Selectmen shall appoint all Town
officers not elected on the ballot.
Section 4. In accordance with the requirements of the Uniform
Procurement Act of the General Laws Chapter 30B, the Chairman of the
Board of Selectmen shall be designated as the Procurement Officer
for the Town of North Brookfield, and shall further have the
authority to delegate his power as Procurement Officer to other such
employees of the Town as he shall see fit.
Section added at adjourned Annual Town Meeting May
12, 1990
Approved by Attorney General September 5, 1990
Section 5. The Board of Selectmen shall have the authority under
Massachusetts General Law, Chapter 40, Section 57, to deny an
application, or revoke or suspend a license for non-payment of local
taxes, fees, betterments, or other municipal charges.
Section added at adjourned Annual Town Meeting June
21, 1991
Approved by Attorney General October 8, 1991
Section 6. The Board of Selectmen shall appoint a
Capital Improvement Planning Committee (CIPC) consisting of five
members and two alternates. The CIPC
is comprised of a member of the Board of Selectmen, a member of or
appointed by the Finance Committee, a member of or appointed by the
Planning Board, and two members-at-large along with two alternates
appointed by the Board of Selectman. Any vacancies shall be filled
in the same manner by the appropriate authority for the balance of
the term. Appointment is a two-year term (except in the case of the
first year, the two members-at-large only serve one year). The CIPC
will elect a chair and secretary and follow public meeting format.
The CIPC is responsible for maintaining project improvement
information in a historical file for subsequent committees.
The CIPC receives proposed
capital improvement projects from town departments and ranks all
proposed projects in priority order. The prioritized list of
projects is compared to sources of available funds in order to
establish a recommended sequence of project funding over a five year
horizon. The Committee serves in an advisory capacity to the Board
of Selectmen and Finance Committee.
Prior to the Annual Town
Meeting the CIPC delivers to the Selectmen a recommended list of
projects and capital budget for the next fiscal year along with a
capital improvement forecast for the next four fiscal years.
The CIPC will follow schedules
which allow for the presentation of the recommended project list and
capital budget to the selectmen by March 1st preceding
the annual town meeting. In order to accomplish this objective the
CIP team will follow the following guidelines:
By November first of each year,
all offices, boards, and committees, give to the CIPC, on forms
prepared by it, information concerning all anticipated projects
requiring Town Meeting action for the next five years. Projects
submitted directly to the warrant by citizen petition are not
subject to direct evaluation by the CIP process. However the CIPC
can be called upon to make recommendations concerning impact of
projects proposed by citizen petition on the overall town capital
improvement program.
Section added at
Annual Town Meeting May 11, 2007
Approved by
Attorney General July 26, 2007
CHAPTER VI
CONTRACTS
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Section 1. No Town officer, board, or agent shall make any contract
for or on behalf of the Town involving the expenditure of
twenty-five thousand dollars ($25,000.00) or more, except in open
competition wherein written bids are called for. No contracts
involving the expenditure of twenty-five thousand dollars
($25,000.00) or more shall be split or divided so as to evade the
prohibition of the section. This section shall not apply to a
contract for the collection, transportation, receipt, processing, or
disposal of solid waste, recyclables or compostable materials.
Section amended at Annual Town Meeting May 11, 2001
Approved by Attorney General August 31, 2001
Section amended at Annual Town Meeting May 2, 2006
Approved by Attorney General September 19, 2006
Section 2. No officer of the Town, authorized to make
any contract or purchase in behalf of the Town shall be personally
interested in any contract or purchase in which he or any Board of
which he is a member makes in behalf of the Town or any department
thereof, except with the permission of the Selectmen.
CHAPTER VII
LEGAL AFFAIRS
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Section 1. The Selectmen shall be agents of the Town to institute,
prosecute, and defend claims, actions, and proceedings to which the
Town is a party, or in which the interest of the Town is or may be
involved.
Section 2. The Selectmen may at their discretion compromise or
settle any claim or suit to which the Town is a party, which does
not require the payment by the Town of an amount obligating the Town
in an amount in excess of one hundred dollars ($100.00) shall be
made, except as authorized by law, without the consent of the Town
Meeting.
Section 3. The Selectmen shall annually in May, appoint a person who
is a member of the bar in good standing, to serve as Town Counsel
for the term of one year from the first day of June following and
until his successor is appointed and enters upon the performance of
his duties. They shall likewise fill any vacancy in said office for
the unexpired term, and may employ special counsel to assist the
said Town Counsel whenever, in their judgment, necessity therefore
arises.
Section amended at Special Town Meeting December 18,
1973
Approved by Attorney General February 13, 1974
Section 4. The Town Counsel shall conduct the prosecution, defense,
or compromise of claims and proceedings to which the town is a
party, and the prosecution of actions or proceedings by or on behalf
of any town officer, board, or committee as such; and conduct the
defense of any action or proceedings brought against any town
officer, board, or committee as such when the Selectmen, having
determined that any right or interest of the town are or may be
involved therein, shall so request and conduct proceedings brought
by or against the Assessors before the Board of Tax Appeals; and
assist in the prosecution of complaints for violation of any by-law
of the town when requested to do so by the board of officer
enforcing the same; to examine and report upon titles to all land to
be acquired by the town; and prepare or approve contracts, bonds,
deeds and other legal instruments in which the town is a party or in
which any right or interest of the town is involved; and appear at
any and all hearings on behalf of the town whenever his services may
be required; and to advise and act for the town officers, board and
committees upon and in legal matters touching the duties of their
respective offices.
CHAPTER VIII
USE OF PUBLIC WAYS AND PLACES
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Section 1. No person shall place or cause to be placed in any of the
public streets, or upon any public sidewalk, without first obtaining
a written license therefore, any wood, lumber, coal, barrels, or any
other obstruction.
Section 2. No person shall sweep or throw or place
any rubbish, shells, paper, or other refuse upon, or plow snow onto,
any street or sidewalk in the town.
Section amended at Special Town Meeting December 5,
2003
Approved by Attorney General January 6, 2004
Section 3. No person shall coast or slide upon any
sidewalk, or upon any streets, or ride or drive any bicycle upon any
sidewalk, except at such times and in such places as may be
designated by the Selectmen.
Section 4. No person shall throw or place any paper
or litter in any of the public fountains of the town, or in any way
injure or disfigure the same.
Section 5. No person shall form or conduct any parade
in any street, sidewalk, or public way within the town without a
written permit signed by the Board of Selectmen.
Section 6. No person shall sell, except in accordance
with a permit from the Selectmen, any goods, articles, or
merchandise from any stationary vehicle or temporary stand in any
street.
Section 7. No person shall place or maintain over any
sidewalk any awning, shade, shade frame, canopy, sign or signboard,
without a permit from the Board of Selectmen, but no awning, shade,
shade frame, canopy, sign or signboard shall be less than seven (7)
feet from the ground in the lowest part or extend the line of the
sidewalk.
Section 8. In order to preserve peace and good order,
no person shall publicly consume any intoxicating liquor in any Town
Park, Cemetery, or on a public way in the Town of North Brookfield.
Anyone violating this by-law shall be subject to a fine of not more
than three hundred dollars ($300.00) and may be subject to arrest,
without a warrant, by a Sheriff, Deputy Sheriff, Town Police
Officer, or State Police Officer. The Selectmen may waive
enforcement of this section for special purposes.
Section added at Special Town Meeting August 17, 1973
Approved by Attorney General October 25, 1973
Section amended at Special Town Meeting November 2,
1999
Approved by Attorney General January 21, 2000
Section 9. No person shall transport waste matter
within Town limits without having a suitable cover to prevent the
discard of matter on our roads and by-ways. Violation of this
section shall be punished by a fine of three hundred dollars
($300.00).
Section added at Special Town Meeting May 28, 1974
Approved by Attorney General August 27, 1974
CHAPTER IX
POLICE REGULATIONS
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Section 1. No person shall play any game in which a ball is used, or
shoot with bow and arrow, air gun, or slingshot, or throw stones,
snowballs, or any other missiles in any street or sidewalk.
Section 2. No person shall go from house to house within the town
begging or soliciting alms or contributions, or magazine or book
subscriptions, for any person, cause, or organization without first
having his name and address with the Chief of Police. The provisions
of this by-law shall not apply to churches or duly recognized
charitable and public service organizations.
Section 3. No person shall loiter or continue to
stand on any sidewalk or public place in the town so as to obstruct
the passage of, or to impede other persons.
Section added at Special Town Meeting May 5, 1969
Approved by Attorney General August 28, 1969
Section 4. No person shall behave himself in a disorderly manner nor
use any indecent or profane language or gestures in any public way
or place in the town.
Section added at Special Town Meeting May 5, 1969
Approved by Attorney General August 28, 1969
Section 5. It shall be unlawful for any person to
place, cause to be placed or to operate any automobile, van or truck
on the surface ice of Lake Lashaway (also known as Furnace Pond)
except if authorized by the Chief of Police of North Brookfield or
East Brookfield, or their respective designee.
Section added at Annual Town Meeting May 11, 1990
Approved by Attorney General September 5, 1990
Section 5A. A violation of Sections 1 through 5 of Chapter IX will
result in the following: First offense; warning, Second offense;
twenty-five dollar fine ($25.00), Third offense; fifty dollar fine
($50.00), Fourth and subsequent offenses; one hundred dollar fine
($100.00).
Section added at Special Town Meeting May 5, 1995
Approved by Attorney General June 27, 1995
Section 6. Every building, including but not limited to, dwellings,
apartment buildings, condominiums, and business establishments shall
have affixed thereto a number representing the address of such
building.
A. The Board of Selectmen or their designees(s) shall
enforce the provisions of this section.
B. It shall be the responsibility of every owner/or
occupant of each dwelling, apartment building, condominium, or
building within the Town of North Brookfield to place thereon the
number of said dwelling, apartment building, condominium, or
building as designated by the Board of Assessors.
C. The size, color, location and visibility of said
numbers shall be as follows:
1. The
minimum height of said numbers shall be three (3) inches in height.
2. In
order to be visible from the road, street, or way, the number shall
be of contrasting color and shall be
reasonably visible to persons or vehicles approaching from either
direction upon said road, street, or way.
3. The
number shall be affixed to the front door as reasonably as possible.
4. If the
dwelling, apartment building, condominium, or building is distant
from the road, street, or way so that the numbers are not clearly
visible and identifiable from the road, street, or way, then the
numbers shall be affixed to a post, mailbox, or other appropriate
place at the entrance of the driveway leading to the dwelling,
apartment building, condominium, or building.
D. Each new dwelling, apartment building,
condominium, or building shall be identified in accordance with this
section before a Certificate of Use and Occupancy is issued
therefore.
E. Penalty:
The penalty for any violation of this section shall be fifty dollars
($50.00). Upon notice of violation, an owner shall correct each
violation within thirty (30) days, each thirty (30) day period of
noncompliance shall be deemed a separate offense.
F. This section shall take effect as of ninety (90)
days after its adoption.
Section added at adjourned Annual Town Meeting June
25, 1993
Approved by Attorney General November 11, 1993
CHAPTER X
MISCELLANEOUS
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Section 1. Within forty-eight (48) hours after being
notified in writing by the officers in charge of the Fire Department
that rubbish, ashes, or other waste matters has been permitted to
accumulate upon property owned or occupied by the person notified,
to an extent liable to cause fire or to spread fire, said owner or
occupant shall cause to be removed such rubbish, ashes or waste
matter.
Section 2. Any Town Officer or Board having charge or
any personal property, or material, and not required for Town
purposes, may, with the approval of the Selectmen, sell the same to
an amount not exceeding three hundred dollars ($300.00) in any one
year.
Section 3. The Selectmen shall annually appoint an Inspector of
Wires in accordance with the provisions of Chapter 166, Section 32,
of the General Laws. The Selectmen shall have authority to adopt
rules and regulations relative to wires and wiring and to establish
fees of the Wire Inspector for inspection and installation. Such
rules and regulations upon adoption and publication by the
Selectmen, shall be enforced by the Inspector of Wires. Whoever
violates any such rule and regulation shall forfeit and pay a fine
not exceeding three hundred dollars ($300.00) for each offense.
Section added at Annual Town Meeting March 9, 1951
Approved by Attorney General August 17, 1951
Section 4. There shall be an appointment of a Gas Inspector, in
compliance of Chapter 737 of the Acts of 1960, and Chapter 25,
Section 3-0 of the Massachusetts General Laws.
Section added at Annual Town Meeting March 6, 1964
Approved by Attorney General May 13, 1964
Section 5. Building permits expire six (6) months from issuance
unless construction has begun or the permit is renewed by the
issuing authority.
Section added at Annual Town Meeting March 16, 1973
Approved by Attorney General June 29, 1973
Section 6. During construction or repair of driveway entrances, all
drainage areas must be kept free and clear of obstruction. No person
shall in any way obstruct any public drain, catch basin, drain pipe,
or culvert so as to interfere with its free operation.
Section added at Annual Town Meeting March 16, 1973
Approved by Attorney General June 29, 1973
Section 7. No person, except holders of licenses granted under
Section 58, Chapter 140 of the General Laws, issued by the Board of
Selectmen, shall keep or permit to be kept on his premises, more
than one (1) unused or unregistered motor vehicle within one hundred
(100) feet of a public way or within fifty (50) feet of a property
line, unless authorized to do so by a permit issued by the Board of
Selectmen. Each day, after notification in which unregistered
vehicles are kept on any premises in the Town in violation of the
by-law, shall be a separate offense. The penalty for violation of
this by-law shall be not less than three hundred dollars. ($300.00).
Section added at Annual Town Meeting March 11, 1966
Approved by Attorney General March 23, 1966
Section 8. Recycling Bylaw
1. Purpose
In order to protect its environment and resources, to
preserve the remaining capacity of its solid waste facility and to
provide for the proper disposal of solid waste, the Town hereby
establishes a program of recycling in conjunction with the operation
of its regular solid waste disposal facility (the “facility”).
2. Scope
All residents, schools, and businesses of the Town
shall separate recyclable items by group as designated in section 3
below (the “recyclables”) from non-recyclable waste. Such
recyclables shall be deposited at a designated area at the facility.
3. Recyclables
Recyclables shall be separated into the following
groups:
Group A: All unbroken, non-ceramic glass bottles and
jars
Group B: Newspapers, specifically excluding glossy
magazines and waste paper
Group C: Metal food cans
Group D: Heavy metals, including, but not limited to,
boilers, copper pipe, radiators and aluminum siding, specifically
excluding items included under Group E
Group E: White metal goods, including, but not
limited to, washing machines, dryers, hot water heaters, and stoves
Group F: Corrugated Cardboard
Group G: Plastics #1 PET and Plastics #2 HDPE
Additional groups, or additions to existing groups, may be added by
the Board of Health.
4: Administration and Enforcement
A: The provision of this Recycling By-Law shall be
administered and enforced by the Board of Health. The Board of
Health shall promulgate regulations to effectuate this recycling
program within ninety (90) days of the adoption of this by-law.
B. In addition to any enforcement procedures and
penalties available to the Board of Health for violations of its
regulations, the Board of Health may revoke the solid waste disposal
permit of any resident, school and/or business violating the
provisions of this by-law or the regulations promulgated thereunder
by the Board of Health. Such revocation may take place only after a
hearing held by the Board of Health of which the permit-holder is
given at least seven (7) days written notice. Such notice shall be
deemed given upon mailing same, certified mail, return receipt
requested, to the address of the permit-holder as such address is
set forth on the permit application.
5. Removal Prohibited
It shall be unlawful for any person to remove any
recyclables from the curbside or designated areas of the facility
without prior written authorization from the Board of Health.
6. Haulers
Only waste haulers possessing a valid permit from the
Board of Health for the handling of recyclables may haul recyclables
to the facility.
Section added at Annual Town Meeting May 10, 1991
Approved by Attorney General October 8, 1991
Section amended at Special Town Meeting November 2,
1999
Approved by Attorney General January 21, 2000
Section 9. Noncriminal Disposition
Any person taking cognizance of a violation of a
specific by-law, rule, or regulation which he is empowered to
enforce, hereinafter referred to as the enforcing person, as an
alternative to initiating criminal proceedings, may give to the
offender a written notice to appear before the district court having
jurisdiction thereof at any time during office hours, not later than
twenty-one (21) days after the date of the notice. Such notice shall
be in triplicate and shall contain the name and address, if known,
of the offender, the specific offense charged, and the time and
place for his required appearance. Such notice shall be signed by
the enforcing person, and shall be signed by the offender whenever
practicable in acknowledgment that such notice has been received.
The enforcing person shall, if possible, deliver to the offender a
copy of said notice at the time and place of the violation. If it is
not possible to deliver a copy of said notice to the offender at the
time and place of the violation, said copy shall be mailed or
delivered by the enforcing person, or by his commanding officer or
the head of his department, or by any person authorized by such
commanding officer, department, or head to the offender’s last known
address, within fifteen (15) days after said violation. Such notice
as so mailed shall be deemed a sufficient notice, and a certificate
of the person so mailing such notice that it has been mailed in
accordance with this by-law and MGL Chapter 40, Section 21D shall be
prima facie evidence thereof.
At or before the completion of each tour of duty, or at the
beginning of the first subsequent tour of duty, the enforcing person
shall give to his commanding officer or department head those copies
of each notice of such a violation he has taken cognizance of during
such tour which have not already been delivered or mailed by him as
aforesaid. Said commanding officer or department head shall retain
and safely preserve one copy and shall, at a time not later than the
next court day after such delivery or mailing, deliver the other
copy to the clerk of the court before which the offender has been
notified to appear.
Any person notified to appear before the clerk of a district court
as hereinafter provided may so appear and confess the offense
charged, either personally or through a duly authorized agent, or by
mailing to the Town Clerk together with the notice such specific sum
of money not exceeding three hundred dollars ($300.00) as the town
shall fix as penalty for violation of the by-law, rule, or
regulation. Such payment shall if mailed be made only by postal
note, money order, or check. Upon receipt of such notice, the Town
Clerk shall forthwith notify the District Court Clerk of such
payment, and the receipt by the District Court Clerk of such
notification shall operate as a final disposition of the case. An
appearance under this by-law shall not be deemed to be a criminal
proceeding.
The notice to appear provided for herein shall be printed in such
form as the Chief Justice of the district courts shall prescribe.
Section added at Special Town Meeting June 26, 1992
Approved by Attorney General December 21, 1992
Section 10. Enforcement of Sewer Regulations
Sewer Regulations duly adopted by the Board of Sewer
Commissioners pursuant to MGL Chapter 83, Section 10 are enforceable
under the Town of North Brookfield By-Laws, Chapter X Miscellaneous,
Section 9. Noncriminal Disposition. The enforcement agent authorized
to issue tickets for violations under this section shall be the
Superintendent of Sewers. Any person who violates any provision of
the Town’s Sewer Use Regulations shall be subject to a fine in the
amount of $300 per violation. Each day or portion thereof shall
constitute a separate offense, and each violation shall constitute a
separate offense.
Section added at Special Town Meeting November 2,
1999
Approved by Attorney General January 21, 2000
Section 11. Board of Health Regulations
Board of Health Regulations duly adopted by the Board
of Health pursuant to MGL Chapter 111, Section 6 are enforceable
under the Town of North Brookfield By-Laws, Chapter X Miscellaneous,
Section 9. Non Criminal Disposition. The enforcement agent
authorized to issue tickets for violations under this section shall
be the Board of Health members or its Agents. Any person who
violates any provision of the Town’s Board of Health Regulations
shall be subject to a fine as stated in the Board of Health
Regulations. Each day or portion thereof shall constitute a separate
offense, and each violation shall constitute a separate offense.
Section added at Annual Town Meeting May 11, 2001
Approved by Attorney General August 31, 2001
Section 12. Enforcement of Water Use
Restrictions/Regulations
The North Brookfield Water Use
Restrictions/Regulations duly adopted pursuant to MGL c41, s69B, and
Water Regulations enacted thereunder by the Board of Water
Commissioners, are enforceable under the Town of North Brookfield
By-Laws, Chapter X Miscellaneous, Section 9. Non Criminal
Disposition. The enforcement agent authorized to issue tickets for
violations under this section shall be the Board of Water
Commissioners or the Superintendent of the Water Department. Any
person who violates any provision of the Town’s Water Use
Restrictions/Regulations shall be subject to the penalties described
in the Water Use Restrictions/Regulations. Each day or portion
thereof shall constitute a separate offense, and each violation
shall constitute a separate offense.
Section added at Annual Town Meeting May 10, 2002
Approved by Attorney General June 28, 2002
CHAPTER XI
DOG CONTROL LAW
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Section 1. Definition of terms
As used in this By-Law, unless the context otherwise
indicates:
A. “Dog” shall mean all animals of canine species,
both male and female.
B. “Owner” shall mean any person or persons, firm,
corporation or association owning, keeping or harboring a dog as
herein defined.
C. “Public Nuisance” shall mean any dog found to be
not on the premises of the owner of such dog or on the premises of
another person with the knowledge and express permission of such
other person except:
1. If such dog is under the restraint and control of
a person competent to restrain and control said dog so that it will
not be a threat to public safety. The mere muzzling of such a dog
shall not satisfy the requirements of this bylaw.
D. “Restraint” shall mean under control of and
obedient of the commands of the owner or keeper.
Section 2. Permitting a dog to become a public
nuisance
No owner or keeper of any dog shall permit such dog,
whether licensed or unlicensed, to become a public nuisance within
the Town of North Brookfield at any time.
Section 3. Licensing
The dog licensing year begins on April first of every
year, with licenses expiring on March thirty-first.
Dog owners who license after June first or are found in violation of
such licensing shall pay a penalty charge of five dollars ($5.00) to
the Town of North Brookfield. This penalty charge shall be in
addition to the regular licensing fees charged by the Town of North
Brookfield.
Dog owners who license after September first or are found in
violation of such licensing shall pay a penalty of twenty-five
dollars ($25.00) to the Town of North Brookfield. This penalty
charge shall be in addition to the regular licensing fees charged by
the Town of North Brookfield.
No license fee shall be charged for a dog certified for use in
assisting the handicapped. Documentation may be required to prove
that the dog has been trained to provide assistance to the
handicapped.
No license fee or part thereof shall be refunded because of
subsequent death, loss, spaying, or removal from the Town of North
Brookfield.
If a dog is impounded by the Animal Control/Dog Officer, the
licensing fee will be collected by the Animal Control/Dog Officer
prior to releasing the dog to its owner, as required by law. The
license will then be mailed to the owner whereupon the owner will
immediately attach said license to the dog’s collar.
When the Town seeks remedy through the District Court against a dog
owner who has failed to license by the end of the prior calendar
year, said owner shall be charged an additional twenty-five dollars
($25.00) fee for court costs and handling of said case.
Paragraph added at Special Town Meeting June 20, 2003
Approved by Attorney General August 22, 2003
Section 4. Impounding
It shall be the duty of the Animal Control/Dog
Officer to investigate complaints concerning any dogs which are
alleged to be in violation of this by-law, and to apprehend any dog
found by him/her to be a public nuisance and impound such dog in a
suitable place or to order the owner thereof to restrain said dog.
Any dog which has been impounded and has not been redeemed by the
owner within ten (10) days shall be disposed of as provided by
Massachusetts General Laws Chapter 140, Section 151A, and any
amendments thereto. All dogs adopted from the Town of North
Brookfield Shelter shall be neutered or spayed within sixty (60)
days at the owner’s expense,. A neuter/spay fee of fifteen dollars
($15.00) will be charged to the new owner and held for sixty (60)
days. At the end of the sixty (60) days, if the new owner provides
proof of neutering or spaying, the fifteen dollars ($15.00) fee will
be refunded. All unclaimed deposits shall be deposited in an account
and used for a spay program as deemed appropriated by the Animal
Control/Dog Officer This neuter/spay fee is in addition to any other
adoption fees as deemed appropriate by the Animal Control/Dog
Officer and the Town of North Brookfield to recover the cost of
housing and placing the dog.
Any animal given up by the owner or unclaimed shall be disposed of
at the discretion of the Animal Control/Dog Officer. The owner at
the time of surrender to the Animal Control/Dog Officer, or after
ten (10) days from pickup of unclaimed animals shall give up all
rights of ownership of said animal. The Town of North Brookfield and
the Animal Control/Dog Officer shall be released of any liability in
regards to said animal.
If such dog so impounded has upon it the name and
address of said owner thereof, or if the name of said owner is
otherwise known, then the Animal Control/Dog Officer shall
immediately notify the owner, and if the owner is not known then no
notice shall be necessary.
The owner of any dog so impounded may reclaim such dog upon the
reimbursement of the Animal Control/Dog Officer of his expenses for
maintaining said dog while impounded. In any event, the Animal
Control/Dog Officer shall not charge more than ten dollars ($10.00)
per dog for reimbursement of said expenses for each twenty-four (24)
hours or any part thereof that the dog is held by him, plus thirty
dollars ($30.00) as the initial handling fee for handling such dog.
However, it is provided that if the dog is not licensed, a license
as required by the Town of North Brookfield shall be obtained before
the Animal Control/Dog Officer releases said dog to any person.
Section amended at Special Town Meeting June 20, 2003
Approved by Attorney General August 22, 2003
Section 5. Penalty
Any owner or keeper found in violation of any Animal
Control By-Law shall be subject to fines according to the following
schedule:
First Offense - $25.00
Each subsequent offense within a calendar year -
$30.00. These fines are at the discretion of the Animal Control/Dog
Officer and Police Department.
Section 6. Disposition of funds
Such funds collected pursuant to the provisions of
this by-law by the Animal Control/Dog Officer shall be accounted for
and paid over to the Town Treasurer. The Animal Control/Dog Officer
does not accept cash.
Section 7. Inhumane treatment of animals
Any person found or suspected of abuse, neglect, or
other forms of cruelty will be reported to the MSPCA, Animal Rescue
League, or other suitable agency for further investigation.
Section amended at Annual Town Meeting May 7, 1999
Approved by Attorney General September 20, 1999
Section 8. Rabies control
All dogs and cats owned by a resident of the Town of
North Brookfield shall be properly vaccinated in accordance with
Massachusetts General Laws Chapter 140 Section 145B. Unvaccinated
dogs and cats acquired or moved into the Town of North Brookfield
shall be vaccinated within sixty (60) days or upon reaching the age
of six (6) months, whichever occurs first.
Those dog owners found in violation of the rabies
requirement of Massachusetts General Laws Chapter 140, Section 145B,
shall, at the owner’s expense, have their dogs properly vaccinated
by a licensed veterinarian within ten (10) days of said violation
and will receive a fine of twenty-five dollars ($25.00).
Any dog without current proof of rabies vaccination that is
impounded by the Animal Control/Dog Officer will be vaccinated at
the owner’s expense prior to release by the Animal Control/Dog
Officer.
Any animal that is quarantined and requires vaccination shall be
vaccinated at the owner’s expense. Notification of such vaccination
shall be sent to the Animal Inspector within ten (10) days of said
vaccination.
Any dog or cat that is not currently vaccinated that bites or
scratches any person shall be confined in an approved, adequate
boarding facility for a period of not less than ten (10) days, at
the owner’s expense.
Any dog or cat that is currently vaccinated that bites or scratches
any person shall be confined at the home of the owner for a period
of not less than ten (10) days.
Any veterinarian bills incurred for vaccinating or
preparing any animal for rabies testing shall be at the owner’s
expense.
Any owner or keeper moving an animal subject to
quarantine shall notify the Board of Health in writing prior to
moving the animal. The Town of North Brookfield shall be given the
name, address, and phone number as to where the animal is going to
be housed.
Any owner or keeper of any animal in the Town of North Brookfield
who has received written notice of quarantine and does not comply
with said quarantine order, or if the quarantined animal is found
outside the approved enclosure of its owner or keeper and not under
his/her immediate care, shall be subject to an immediate order to
destroy or order to be housed at an approved boarding facility at
the owner’s expense.
It shall be the duty of the Animal Inspector to investigate and
enforce the provisions of this by-law, and to give written notice to
the Board of Health, Animal Control/Dog Officer and the animal owner
in regards to all quarantines.
Section 9. Effective date
This by-law shall become effective upon its passage
and approval by the Attorney General of the Commonwealth of
Massachusetts. In the event that any section of the by-law is ruled
to be invalid by a jury of competent jurisdiction, it will not
invalidate the remaining sections.
Chapter replaced at Annual Town Meeting May 8, 1998
Approved by Attorney General August 5, 1998
