GENERAL BY-LAWS
of the
TOWN OF BELMONT
MASSACHUSETTS
Together With
REPRESENTATIVE TOWN MEETING ACT
and
LIST OF LEGISLATIVE ACTS APPLICABLE TO THE TOWN
Originally Published in 1982 and Herewith Updated through December 2008
GENERAL BY-LAWS
OF THE TOWN OF BELMONT
This publication includes the complete revision and recodification of all the General By-Laws of the Town of Belmont that was prepared by the By-Law Revision Committee and adopted by the Town Meeting Members under Article 22 of the Warrant for the 1981 Annual Town Meeting. The recodification was approved by the Attorney General on August 19, 1981 and subsequently published by the Town Clerk pursuant to Chapter 40, Section 32, of the General Laws. As provided in Article 1, the recodified General By-Laws repeal and replace all pre-existing By-Laws of the Town, except the Zoning By-Law. Also included in the publication are the General By-Law amendments adopted under Articles 23 (By-Laws, Section 5.12, approved by the Attorney General on August 19, 1981), 24 (General By-Laws, Article 23, approved by the Attorney General on
September 1, 1981) and 25 (General By-Laws, Article 24, approved by the Attorney General on September 1, 1981) of the Warrant for the 1981 Annual Town Meeting, all as published by the Town Clerk.
The section numbering system for the General By-Laws has been designed for accuracy of reference and to provide a more convenient format for inserting future amendments.
In order to provide a more complete reference to the special provisions of law that govern the Town of Belmont, the text of the Representative Town Meeting Act (Chapter 302 of the Acts of 1926, as amended) and a list of general and special statutes that have been accepted by the Town or are particularly applicable to it have been included in this publication.
The General By-Laws and legislative acts are published in loose-leaf form. With this system, the By-Laws may be kept up to date periodically by the republication of affected pages after the adoption of amendments or additions. The new pages may then be inserted in the book to replace the obsolete ones.* New or amended sections or articles will be followed by their date of adoption or amendment in parentheses. The absence of such a date will mean that the provision was included in the General By-Laws adopted under Warrant Articles 22 through 25 at the 1981 Annual Town Meeting.
Dated: May 20, 1982 BY-LAW REVISION COMMITTEE
Henry L. Hall, Jr., Chairman
John D. Hanify, Secretary
Robert M. Gallant
Priscilla C. Hundley
Ann Cresine Wilson
Joan D. Garland, Executive
Assistant to the Selectmen
WARRANT ARTICLE 22
"Proposed General By-Laws
of the Town of Belmont"
REPORT OF THE BY-LAW REVISION
COMMITTEE TO THE TOWN MEETING
The By-Law Revision Committee was appointed by the Moderator in 1978 pursuant to a vote of the Town Meeting "to prepare recommendations to the Town for the revision and recodification of the Town By-Laws".
At the outset, the Committee determined that its efforts should be strictly confined to a streamlining, modernization and reorganization of current By-Laws. Thus, the "Proposed General By-Laws", enclosed herewith, do not contain substantive changes. Also enclosed is a copy of the current By-Laws. We suggest you carefully review the existing and proposed By-Laws to develop an understanding of the nature and extent of the Committee's work.
The following is a brief summary of the changes in language and format effected by the "Proposed General By-Laws":
Article 1 is new but almost entirely procedural. It provides for the repeal of existing By-Laws and acknowledges the legal interrelationship between new and old By-Laws and laws of The Commonwealth. The Committee felt that uniformity, inflation and reality dictated that the fine of $10 established approximately 50 years ago for many violations be changed to $100.
Articles 2 and 3 incorporate the basic elements of the existing By-Laws as well as long standing practice. Article 3, for example, represents the Committee's concern that all provisions affecting the appointment or election of Town Boards, Committees and Commissions be set forth in one Article rather than dispersed throughout other Articles. Uniformity of appointment, service and reporting requirements consistent with current practice is also achieved.
Articles 4, 5, and 6, dealing with the Board of Selectmen, the Town Clerk and Town Treasurer, collect in logical order provisions which are now scattered throughout other By-Laws. Again, current record keeping and established practices of those Town officers have, where significant, been specifically acknowledged and stated.
Articles 7-11, 13, 15, 17, 19, 21 , and 22 are substantially identical to current By-Laws. Obsolete provisions have been deleted and, where possible, sections which dealt with unimportant detail have been replaced by provisions relegating to the Commissions or Boards the right and power to manage their operations through published regulations.
Articles 12, 14, 16, and 18 are new but consistent with votes taken by the Town Meeting and established practice.
Article 20 incorporates a large collection of current provisions affecting public safety and property. While the substance of current By-Laws in this area has been retained, repetitive provisions have been deleted, language simplified and related provisions integrated into one Article. The role of the Board of Selectmen in authorizing various activities affecting public safety and property has been clarified.
In formulating these "Proposed By-Laws" the Committee sought the recommendations of all affected Town Officers, Boards, Commissions and Departments. The Committee extends its appreciation to all those Town Officials and members of Commissions and Boards whose helpful suggestions have resulted in what we hope is a more complete, orderly and comprehensive set of By-Laws for the Town.
Respectfully submitted,
Robert M. Gallant
Henry L. Hall, Jr., Chairman
John D. Hanify, Secretary
Clare L. Howick
Priscilla C. Hundley
Donna H. Tillotson
Ann Cresine Wilson
Joan D. Garland
April 1, 1981
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