Colchester Governance Committee
Ordinance Adoption, Amendment, Repeal Draft Proposal
Introduction
This paper is the result of the
Colchester Governance Committee’s review of the Town’s Charter as it concerns ordinance
adoption, amendment, and repeal.
Ordinances are instruments of a town’s regulatory police power and can
cover diverse areas of citizen concern (generally related to health, safety, welfare
and convenience). They can cover civil
and criminal offenses. The Governance Committee
is tasked with looking to the future. We
are carefully considering ways that the Charter can foster accountability,
transparency, effectiveness, and citizen participation in Colchester’s local
government. Ordinance adoption,
amendment, and repeal play a key role in these goals, and this document
proposes new language for consideration by the Governance Committee in order to
make a formal recommendation to the Selectboard who will ultimately decides
what goes before the voters.
Background Information
This paper includes the “general” State
Statute language on ordinance, adoption, amendment and repeal as well as the
Colchester Charter’s language on the subject.
While both are Vermont law, towns in Vermont without municipal
charters use the general language. Towns
with municipal charters can diverge from the general statute to better
serve local needs. Colchester’s current Charter
language noticeably differs from the general statue. Readers should also keep in mind that a
municipal charter does not necessarily negate the general statute, but where it
is more specific or differs, the Charter generally rules. You can read the full text of Vermont and
Colchester’s language below to make comparisons. I’ve also included summaries, which give you
the gist of the structure but are by no means a replacement to the actual
language.
Scope
The proposed ordinance language may or
may not apply to ordinances for which Vermont Statute identifies a separate
process, such as zoning bylaws. Legal
counsel will be needed to determine the appropriate scope of the ordinance
language. Legal counsel will also be
needed to ensure that any proposed revisions are done well.
Objective
The Governance Committee discussed
ordinance adoption, amendment and repeal during several meetings and concluded
that proposed edits should show due reverence to the general statute provisions,
be organized into a single section, and be guided by certain values:
·
Clarity: be
approachable to the average voter.
·
Initiative: ordinance adoption
and repeal should be able to be proposed by voter petition to the Clerk for consideration
by the Selectboard; and ordinance adoption, amendment and repeal should also be
able to be proposed by the Selectboard.
·
Referendum: The
Selectboard may vote to refer a proposed ordinance to the voters.
·
Amendments: by Selectboard must be germane and relevant to the
intent or purpose of the proposed or adopted ordinance.
·
Warning: language
should be available for inspection in the Town Clerk’s office, be published in
the newspaper, be posted in public places, be posted on the Town’s website (and
via any media in use by the Town), and available for inspection at the hearing.
·
Newspaper
Designation:
the newspaper of publication shall be annually designated by the
Selectboard at their organizational meeting.
·
Public Comment: the warning
shall invite and make public comment easy
·
Notice: Notice
should be adequate to allow analysis by interested parties.
·
Decision Timeline: The
Selecboard should act within a reasonable upon a citizen initiative.
Summary of Vermont’s General Statute of Ordinances
·
Legislative body
may adopt ordinance or rule
·
Must be entered
into minutes
·
Post in 5 conspicuous
places in municipality.
·
One formal
publication of ordinance or a summary not more than 14 days after adoption.
·
Publication should
include:
o name of municipality,
o name of
municipalities website,
o State if the municipality updates site on a regular
basis,
o the title or subject of the ordinance
o the name, telephone number and mailing address of a
municipal official designated to answer question and receive comments on the
proposal
o where the full text may be examined
o explain citizens’ rights to petition for a vote on
the ordinance or rule at an annual or special meeting.
·
If a petition is
not filed, ordinance goes into affect 60 days after adoption.
·
Must be recorded in
the records of the municipality
·
An ordinance or
rule adopted by a municipality may be disapproved by a majority of the voters
during a duly warned annual or special meeting for this purpose.
·
A petition for a
vote to disapprove of the ordinance or rule shall be signed by not less than
five percent of the qualified voters of the municipality.
·
Petitions must be
presented to the clerk within 44 days of the adoption of the ordinance by the
legislative body.
·
The legislative
body must then call a special meeting within 60 days of the date of the
petition or include an article in the warning for the next annual meeting of
the municipality if the annual meeting falls within the 60-day period.
·
There has to be at
least two copies of the ordinance or rule at each polling place during the
vote, and made available upon request.
·
If approved, the
ordinance takes affect at the conclusion of the meeting, or later if specified
in the ordinance.
·
A
certificate of the clerk of a municipality showing the publication, posting,
recording and adoption of an ordinance or rule A criminal violation is considered a misdemeanor and the fine is max
$500.
·
A civil violation
can be fined a max of $800 per each day of occurrence.
Summary of Colchester Charter Language on Ordinances
·
May impose fines up to $100, cost of
prosecution, and cost of imprisonment of not more than 60 days.
·
Includes enabling language for various kinds of
ordinances.
·
All ordinances are introduced in writing.
·
If passed on first reading by the Selectboard,
they must publish it in a newspaper in its entirety announcing a hearing for
final passage. This must be done at
least 15 days prior to the hearing.
·
The Ordinance must be read in full at the
hearing and the people must be heard.
·
The Selectboard must vote on the Ordinance after
the hearing, with or without amendment, although the Selectboard can adjourn a
hearing to a later date if more time is needed.
·
If amended, the amended ordinance shall be
published in a newspaper (at least once) with a notice of the time and place of
a public hearing on the amended ordinance. This must be done at least three days prior to
the hearing.
·
At the hearing, the amended ordinance must be
read in full, and the Selecboard must vote.
If they choose to amend again, they go through the same process again.
·
Ordinances become effective 21 days from passage
unless a petition for overrule is filed.
·
Ordinance passage can be conditioned upon
approval of the voters, where they must be passed by a majority of those voting
at a meeting duly warned for the purpose
·
The Clerk must keep copies of all ordinances and
changes. The Town Manager is responsible
for codifying sets of all ordinances for distribution and use by Town
officials.
·
The voters may overrule by a special Town
meeting by submitting a petition to the Clerk, within 20 days after the final passage
by the Selectboard, signed by at least 10 percent of the largest number of
votes cast by Australian ballot at the last annual Town meeting.
·
The Selectboard then has to fix the time of the
meeting not less nor more than 40 days after the filing of the petition.
·
The ordinance goes into effect after the special
meeting, if not less than 10% of the votes cast at the last annual meeting
constitute a majority of those voting for the ordinance
·
The voters may also initiate a proposed
ordinance to be voted upon by the voters at a special Town meeting.
·
Any proposed ordinance must undergo review by
the Town Attorney for constitutional edits not hostile to the intent.
Language
Proposed by Governance Committee for Colchester Charter
Section: Ordinances
Subsection
1: Powers of the Town
(a) In order to promote the health, safety, welfare and
convenience of the town, the town may adopt, amend,
repeal and enforce ordinances or rules for any purposes authorized by law. Such rules or ordinances shall be designated
as either criminal or civil, but not both.
Subsection
2: Content and Recording
(a) Any proposed ordinance, repeal of a duly adopted ordinance, or
amendment to a duly adopted ordinance must be submitted to the Clerk in writing.
(b) Any proposed ordinance shall include, but not be limited to, the
following articles: statement of
authority, title, purpose, definitions of terms, enforcement/penalties and a
statement of severability.
(c) Proposed amendments to duly adopted ordinances shall show added text
underlined or in italics and deleted text in strikethrough.
(d) The Clerk must maintain a thorough record of all public notices,
meeting and hearing minutes, written comments, and votes on ordinances.
(e) The Clerk must maintain a complete and reliable record of all adopted
ordinances.
(f) Nothing in this section shall preclude interested persons in need of
reasonable accommodation in order to be able to participate in this process to
request such accommodation for action by the Town.
Subsection
3: Proposals by Voter Petition
(a) Any ordinance or repeal of a duly adopted ordinance may be proposed
by petition signed by a number of registered voters
of the town equal to at least ten (10) percent of the ballots cast at the last
annual town meeting.
(b) The Town Clerk shall verify that the petition
meets the requirement of subsection 3(a).
The Town Clerk shall also verify that the proposal is in compliance with
subsection 2 (a) and (b). If the
proposal does not meet the requirements of subsection 2, the Clerk shall file
the proposal and immediately send a letter to the primary contact stating why
the proposal was deficient. If the
proposal meets the requirements of subsection 2, the Clerk shall immediately file
the petition, certify to the primary contact that it is complete, and forward a
copy to the Selectboard and Town Manager.
(c) The Selectboard,
upon receipt of certified ordinance, must fix the time and date for a public
hearing on any proposed ordinance, repeal of a duly adopted ordinance, or
amendment to a duly adopted ordinance not less than thirty-five (35) nor more
than forty-nine (49) days after petition has been filed and certified by the
Town Clerk.
Subsection 4: Proposals by
Selectboard
(a) Any ordinances, repeal of
duly adopted ordinances, or amendment to duly adopted ordinances may be
proposed by a majority of the Selectboard in compliance with subsection 2.
(b) The Town Clerk shall also verify that the proposal is in compliance with subsection
2 (a), (b) and (c), if applicable. If
the proposal does not meet the requirements of subsection 2, the Clerk shall
file the proposal and immediately send a letter to the Selectboard and Town
Manager stating why the proposal was deficient.
If the proposal meets the requirements of 2, the Clerk shall immediately
file the petition, certify to the petitions that it is complete, and forward a
copy to the Selectboard and Town Manager.
(c) The Selectboard, upon
receipt of a certified ordinance, must fix the time and date for a public
hearing on the proposed ordinance or amendment to a duly adopted ordinance not
less than thirty-five (35) nor more than forty-nine (49) days after being filed
and certified by the Town Clerk.
Subsection 5: Public Notice
(a) Public notice for any
proposed ordinance, repeal of a duly adopted ordinance, or amendment to a duly
adopted ordinance shall include the following:
-The name of the town;
-The town’s website address;
-The type of proposal: new, repeal, or amendment
-Title of the ordinance;
-Purpose of the ordinance;
-Date, Time and Place of public hearing (and
if it has been adjourned from a previous meeting);
-Instructions on how to submit written
comment;
-The name, telephone number and mailing
address of a municipal official designated to answer question and receive
comments on the proposal;
-Where an how a full text may be obtained (according
to subsection 5(e)); and
-A statement on citizens’ rights to overrule
the ordinance according to subsection 9.
(b) The public notice shall be
posted in at least five (5) conspicuous public places in the town and broadcast
via all public information communication channels in use by the Town’s
administration.
(c) The public notice for any
proposed ordinance, repeal of a duly adopted ordinance, or amendment to a duly
adopted ordinance shall be published at least two (2) times. The first notice shall be published at least
fourteen (14) days prior to the hearing and the second at least seven (7) days
prior to the public hearing. Notice
shall be published in a newspaper distributed within the town that has been annually
designated by the Selectboard at their organizational meeting for such
purposes.
(d) The public notice for an
amendment to a proposed ordinance not duly adopted shall be published at least
one (1) time at least seven (7) days prior to the public hearing. Notice shall be published in a newspaper
distributed within the town that has been annually designated by the
Selectboard at their organizational meeting for such purposes.
(e) The full text of the
proposed ordinance or amendments to a duly adopted ordinance shall be made
available in the Clerk’s Office, on the Town’s website, and by e-mail upon
request to the Clerk.
Subsection 6: Public Hearing and
Selectboard Vote
(a) A duly warned public
hearing on any proposed ordinance, repeal of a duly adopted ordinance, or amendment
to a duly adopted ordinance shall be held by the Selectboard. The Selectboard shall introduce and summarize
the proposal, and the full text of the proposal shall be available to the public
at the hearing.
(b) All interested persons
shall be given an opportunity to be heard at the public hearing.
(c) All interested persons may submit written comment by noon at least
three (3) days prior to the hearing, which shall be included in the Selectboard’s
publicly available hearing materials and be appended to the minutes of the
meeting.
(d) For any ordinance submitted under subsection 3 (Ordinance Proposal by Voter Petition) the
Selectboard shall vote at the close of the hearing to either adopt the proposal
or put the question to a referendum at a special or annual town meeting.
(e) For any ordinance submitted under subsection 4 (Ordinance Proposal by Selectboard) the
Selectboard shall vote at the close of the hearing to adopt the proposal, amend
the proposal, or put the question to a referendum at a special or annual town
meeting, excluding amendments to a duly adopted ordinance. Amendments to a duly adopted ordinance shall
not be put to a referendum.
(f) If the Selectboard votes to
amend any proposed ordinance or amendment to a duly adopted ordinance, they must
fix a date and time for a hearing on the new language not more than twenty-one (21)
days from the date of the meeting. This hearing must be publicly noticed
according to subsection 5 (d).
Subsection 7: Effective Date
(a) Ordinances adopted by the
Selectboard go into affect twenty (20) days after the close of the hearing,
unless a petition to overrule the adopted ordinance has been filed and
certified by the Town Clerk according to subsection 9. Ordinances adopted by voters at an annual or
special town meeting go into effect seven (7) days after the meeting.
Subsection 8: Referendum
(a) If the Selectboard votes to
refer any proposed ordinance or amendment to a duly adopted ordinance to the
voters at a special or annual town meeting, they must fix the date of the meeting
not less than forty (40) days nor more than sixty (60) days from the date of
the hearing’s close.
(b) Any ordinance shall
be examined by Legal Counsel prior to being submitted to the voters at a
special or annual town meeting. The Town’s Legal Counsel is authorized, subject
to the approval of the Selectboard, to correct such ordinance so as to avoid
repetitions, illegalities, and unconstitutional provisions, and to insure
accuracy in its text and references, and clearness and preciseness in its
phraseology; the Attorney shall not materially change its meaning and effect.
(c) Any ordinance or repeal of
a duly adopted ordinance can be approved at a special or annual town meeting by
a majority voters casting ballots greater than or equal to at least ten (10)
percent of the total ballots cast at the last annual town meeting.
Subsection 9. Overrule
(a) The registered voters of
the town may petition for a special meeting to overrule ordinances, repeals of
duly adopted ordinances and amendments to any ordinance duly adopted by the
Selectboard and not previously subjected to a vote of the town within 20 days
of passage.
(b) Such petition shall be
signed by a number of registered voters of the town equal to at least ten (10)
percent of the total ballots cast at the last annual town meeting.
(c) If the proposal does not meet the requirement
of 9(b), the Clerk shall file the proposal and immediately send a letter to the
petitioners stating why the proposal was deficient. If the proposal meets the requirement of 9(b),
the Clerk shall immediately file the petition, certify to the petitioners that
it is complete, and forward a copy to the Selectboard and Town Manager.
(d) The Selectboard must fix the date and time of a special
meeting to overrule an ordinance duly adopted by the Selectboard and not
previously subjected to a vote of the town not less than 40 days nor more than
60 days from the date of the petition being filed.
(e) Any duly adopted ordinance,
repeal of duly adopted ordinance or amendment to an ordinance duly adopted by
the Selectboard and not previously subjected to vote of the town vote can be
overruled by a majority voters casting ballots greater than or equal to at
least ten (10) percent of the total ballots cast at the last annual town
meeting.
Subsection 10: Enforcement
of Civil Ordinances
(a) A violation of
a civil ordinance may impose a civil penalty defined by the ordinance. Each day the violation continues shall
constitute a separate violation.
(b) Civil
ordinance violations shall be brought before the Vermont Judiciary according to
law.
Subsection 11: Enforcement
of Criminal Ordinances
(a) A violation of
a criminal ordinance or rule shall be a misdemeanor. The criminal ordinance or
rule may provide impose a fine or imprisonment, as defined by the
ordinance. No term of imprisonment may
exceed one year.
(b) Criminal ordinance
violations shall be brought before the Vermont Judiciary according to law.
FULL TEXT of GENERAL STATE STATUTE LANGUAGE
Chapter
61: REGULATORY PROVISIONS; POLICE POWER OF MUNICIPALITIES
Sub-Chapter
11: Miscellaneous Regulatory Powers
24 V.S.A. § 2291.
Enumeration of powers
§ 2291. Enumeration of
powers
For the purpose of
promoting the public health, safety, welfare, and convenience, a town, city, or
incorporated village shall have the following powers:
(1)
To set off portions of public highways of the municipality for sidewalks and
bicycle paths and to regulate their use.
(2)
To provide for the removal of snow and ice from sidewalks by the owner,
occupant, or person having charge of abutting property.
(3)
To provide for the location, protection, maintenance, and removal of trees,
plants and shrubs, and buildings or other structures on or above public
highways, sidewalks, or other property of the municipality.
(4)
To regulate the operation and use of vehicles of every kind including the
power: to erect traffic signs and signals; to regulate the speed of vehicles
subject to 23 V.S.A. chapter 13, subchapter 12; to regulate or exclude the
parking of all vehicles; and to provide for waiver of the right of appearance
and arraignment in court by persons charged with parking violations by payment
of specified fines within a stated period of time.
(5)
To establish rules for pedestrian traffic on public highways and to establish
crosswalks.
(6)
To regulate the location, installation, maintenance, repair, and removal of
utility poles, wires and conduits, water pipes or mains, or gas mains and
sewers, upon, under, or above public highways or public property of the
municipality.
(7)
To regulate or prohibit the erection, size, structure, contents, and location
of signs, posters, or displays on or above any public highway, sidewalk, lane,
or alleyway of the municipality and to regulate the use, size, structure,
contents, and location of signs on private buildings or structures.
(8)
To regulate or prohibit the use or discharge, but not possession of, firearms
within the municipality or specified portions thereof, provided that an
ordinance adopted under this subdivision shall be consistent with section 2295
of this title and shall not prohibit, reduce, or limit discharge at any
existing sport shooting range, as that term is defined in 10 V.S.A. § 5227.
(9)
To license or regulate itinerant vendors, peddlers, door-to-door salesmen, and
those selling goods, wares, merchandise, or services who engage in a transient
or temporary business, or who sell from an automobile, truck, wagon, or other
conveyance, excepting persons selling fruits, vegetables, or other farm
produce.
(10)
To regulate the keeping of dogs, and to provide for their leashing, muzzling,
restraint, impoundment, and destruction.
(11)
To regulate, license, tax, or prohibit circuses, carnivals and menageries, and
all plays, concerts, entertainments, or exhibitions of any kind for which money
is received.
(12)
To regulate or prohibit the storage or dumping of solid waste, as defined in 10
V.S.A. § 6602. These regulations may require the separation of specified
components of the waste stream.
(13)
To compel the cleaning or repair of any premises which in the judgment of the
legislative body is dangerous to the health or safety of the public.
(14)
To define what constitutes a public nuisance, and to provide procedures and
take action for its abatement or removal as the public health, safety, or
welfare may require.
(15)
To provide for penalties for violation of any ordinance or rule adopted under
the authority of this section.
(16)
To name and rename streets and to number and renumber lots pursuant to section
4463 of this title.
(17)
To regulate or prohibit possession of open or unsealed containers of alcoholic
beverages in public places.
(18)
To regulate or prohibit consumption of alcoholic beverages in public places.
Subdivision
(19) effective until July 1, 2014; see also subdivision (19) effective July 1,
2014 set out below.
(19)
To regulate the construction, alteration, development, and decommissioning or
dismantling of wireless telecommunications facilities and ancillary
improvements where the city, town, or village has not adopted zoning or where
those activities are not regulated pursuant to a duly adopted zoning bylaw.
Regulations regarding the decommissioning or dismantling of telecommunications
facilities and ancillary structures may include requirements that bond be
posted, or other security acceptable to the legislative body, in order to
finance facility decommissioning or dismantling activities. These regulations
are not intended to prohibit seamless coverage of wireless telecommunications
services. With respect to the construction or alteration of wireless
telecommunications facilities subject to regulation granted in this section,
the town, city, or incorporated village shall vest in its local regulatory
authority the power to determine whether the installation of a wireless
telecommunications facility, whatever its size, will impose no impact or merely
a de minimis impact on the surrounding area and the overall pattern of land
development, and if the local regulatory authority, originally or on appeal,
determines that the facility will impose no impact or a de minimis impact, it
shall issue a permit. No ordinance authorized by this section, except to the
extent structured to protect historic landmarks and structures listed on the
State or National Register of Historic Places may have the purpose or effect of
limiting or prohibiting a property owner's ability to place or allow placement
of antennae used to transmit, receive, or transmit and receive communications
signals on that property owner's premises if the aggregate area of the largest
faces of the antennae is not more than eight square feet, and if the antennae
and the mast to which they are attached do not extend more than 12 feet above
the roof of that portion of the building to which they are attached. No
ordinance under this section may regulate an improvement that is exempt from
regulation under subdivision 4413(h) (telecommunications; ancillary
improvements of 300 square feet or less; improvements associated with
communications lines) of this title.
Subdivision
(19) effective July 1, 2014; see also subdivision (19) effective until July 1,
2014 set out above.
(19)
To regulate the construction, alteration, development, and decommissioning or
dismantling of wireless telecommunications facilities and ancillary
improvements where the city, town, or village has not adopted zoning or where
those activities are not regulated pursuant to a duly adopted zoning bylaw.
Regulations regarding the decommissioning or dismantling of telecommunications
facilities and ancillary structures may include requirements that bond be
posted, or other security acceptable to the legislative body, in order to
finance facility decommissioning or dismantling activities. These regulations
are not intended to prohibit seamless coverage of wireless telecommunications
services. With respect to the construction or alteration of wireless
telecommunications facilities subject to regulation granted in this section,
the town, city, or incorporated village shall vest in its local regulatory
authority the power to determine whether the installation of a wireless
telecommunications facility, whatever its size, will impose no impact or merely
a de minimis impact on the surrounding area and the overall pattern of land
development, and if the local regulatory authority, originally or on appeal,
determines that the facility will impose no impact or a de minimis impact, it
shall issue a permit. No ordinance authorized by this section, except to the
extent structured to protect historic landmarks and structures listed on the
State or National Register of Historic Places may have the purpose or effect of
limiting or prohibiting a property owner's ability to place or allow placement
of antennae used to transmit, receive, or transmit and receive communications
signals on that property owner's premises if the aggregate area of the largest
faces of the antennae is not more than eight square feet, and if the antennae
and the mast to which they are attached do not extend more than 12 feet above
the roof of that portion of the building to which they are attached.
(20)
To establish a conflict of interest policy to apply to all elected and
appointed officials of the town, city, or incorporated village.
(21)
To regulate, by means of a civil ordinance adopted pursuant to chapter 59 of
this title, subject to the limitations of 13 V.S.A. § 351b and the requirement
of 13 V.S.A. § 354(a), and consistent with the rules adopted by the Secretary
of Agriculture, Food and Markets, pursuant to 13 V.S.A. § 352b(a), the welfare
of animals in the municipality. Such ordinance may be enforced by humane
officers as defined in 13 V.S.A. § 351, if authorized to do so by the
municipality.
(22)
To regulate the sale and conveyance of sewage capacity to users, including
phasing provisions and other conditions based on the impact of residential,
commercial, or industrial growth within a town, in accord with principles in a
duly adopted town plan.
(23)
Acting individually or in concert with other towns, cities, or incorporated villages
and pursuant to subchapter 2 of chapter 87 of this title, to incur indebtedness
for or otherwise finance by any means permitted under chapter 53 of this title
projects relating to renewable energy, as defined in 30 V.S.A. § 8002(17), or
to eligible energy efficiency projects undertaken by owners of real property
within the boundaries of the town, city, or incorporated village. Energy
efficiency projects shall be those that are eligible under section 3267 of this
title.
(24)
Upon the determination by a municipal building inspector, health officer, or
fire marshal that a building within the boundaries of the town, city, or
incorporated village is uninhabitable, to recover all expenses incident to the
maintenance of the uninhabitable building with the expenses to constitute a
lien on the property in the same manner and to the same extent as taxes
assessed on the grand list, and all procedures and remedies for the collection
of taxes shall apply to the collection of those expenses; provided, however,
that the town, city, or incorporated village has adopted rules to determine the
habitability of a building, including provisions for notice in accordance with
32 V.S.A. § 5252(3) to the building's owner prior to incurring expenses and
including provisions for an administrative appeals process.
(25)
To regulate by means of an ordinance or bylaw development in a flood hazard
area, river corridor protection area, or other hazard area consistent with the
requirements of section 4424 of this title and the National Flood Insurance
Program. Such an ordinance or bylaw may regulate accessory dwelling units in
flood hazard and fluvial erosion areas. (Added 1969, No. 170 (Adj. Sess.), § 9,
eff. March 2, 1970; amended 1977, No. 61, § 2; 1987, No. 70, eff. June 2, 1987;
1991, No. 108, § 1; 1993, No. 211 (Adj. Sess.), § 15, eff. June 17, 1994; 1997,
No. 94 (Adj. Sess.), § 2, eff. April 15, 1998; 1999, No. 82 (Adj. Sess.), § 1;
2001, No. 82 (Adj. Sess.), § 1; 2003, No. 42, § 2, eff. May 27, 2003; 2003, No.
63, § 51, eff. June 11, 2003; 2005, No. 173 (Adj. Sess.), § 3, eff. May 22,
2006; 2007, No. 79, § 14, eff. June 9, 2007; 2007, No. 121 (Adj. Sess.), § 19;
2009, No. 45, § 15g; 2009, No. 160 (Adj. Sess.), § 9, eff. June 4, 2010; 2011,
No. 53, §§ 14a, 14d(2), eff. May 27, 2011; 2011, No. 138 (Adj. Sess.), § 15,
eff. May 14, 2012; 2011, No. 155 (Adj. Sess.), § 8; 2013, No. 16, § 6, eff. May
6, 2013.)
Title 24: Municipal and
County Government
Chapter
59: ADOPTION AND ENFORCEMENT OF ORDINANCES AND RULES
§ 1971. Authority to adopt
(a) A municipality may
adopt, amend, repeal and enforce ordinances or rules for any purposes
authorized by law.
(b) An ordinance or rule
adopted or amended by a municipality under this chapter or under its municipal
charter authority shall be designated as either criminal or civil, but not
both. (Added 1969, No. 170 (Adj. Sess.), § 8, eff. March 2, 1970; amended 1971,
No. 14, § 10, eff. March 11, 1971; 1993, No. 237 (Adj. Sess.), § 2, eff. Nov.
1, 1994.)
§ 1972. Procedure
(a)(1) The legislative body
of a municipality desiring to adopt an ordinance or rule may adopt it subject
to the petition set forth in section 1973 of this title and shall cause it to
be entered in the minutes of the municipality and posted in at least five conspicuous
places within the municipality. The legislative body shall arrange for one
formal publication of the ordinance or rule or a concise summary thereof in a
newspaper circulating in the municipality on a day not more than 14 days
following the date when the proposed provision is so adopted. Information
included in the publication shall be the name of the municipality; the name of
the municipality's website, if the municipality actively updates its website on
a regular basis; the title or subject of the ordinance or rule; the name,
telephone number, and mailing address of a municipal official designated to
answer questions and receive comments on the proposal; and where the full text
may be examined. The same notice shall explain citizens' rights to petition for
a vote on the ordinance or rule at an annual or special meeting as provided in
section 1973 of this title.
(2) Unless a petition is
filed in accordance with section 1973 of this title, the ordinance or rule
shall become effective 60 days after the date of its adoption, or at such time
following the expiration of 60 days from the date of its adoption as is
determined by the legislative body. If a petition is filed in accordance with
section 1973 of this title, the taking effect of the ordinance or rule shall be
governed by subsection 1973(e) of this title.
(b) All ordinances and
rules adopted by a municipality shall be recorded in the records of the
municipality.
(c) The procedure herein
provided shall apply to the adoption of any ordinance or rule by a municipality
unless another procedure is provided by charter, special law, or particular
statute. (Added 1969, No. 170 (Adj. Sess.), § 8, eff. March 2, 1970; amended
1971, No. 14, § 11, eff. March 11, 1971; 1979, No. 180 (Adj. Sess.), § 1, eff.
May 5, 1980; 2011, No. 155 (Adj. Sess.), § 7.)
§ 1973. Permissive
referendum
(a) An ordinance or rule
adopted by a municipality may be disapproved by a vote of a majority of the
qualified voters of the municipality voting on the question at an annual or special
meeting duly warned for the purpose, pursuant to a petition signed and
submitted in accordance with subsection (b) of this section.
(b) A petition for a vote
on the question of disapproving an ordinance or rule shall be signed by not
less than five per cent of the qualified voters of the municipality, and
presented to the legislative body or the clerk of the municipality within 44
days following the date of adoption of the ordinance or rule by the legislative
body.
(c) When a petition is
submitted in accordance with subsection (b) of this section, the legislative
body shall call a special meeting within 60 days from the date of receipt of
the petition, or include an article in the warning for the next annual meeting
of the municipality if the annual meeting falls within the 60-day period, to
determine whether the voters will disapprove the ordinance or rule.
(d) Not less than two
copies of the ordinance or rule shall be posted at each polling place during
the hours of voting, and copies thereof made available to voters at the polls
on request. It shall be sufficient to refer to the ordinance or rule in the
warning by title.
(e) If a petition for an
annual or a special meeting is duly submitted in accordance with this section,
to determine whether an ordinance or rule shall be disapproved by the voters of
the municipality, the ordinance or rule shall take effect on the conclusion of
the meeting, or at such later date as is specified in the ordinance or rule,
unless a majority of the qualified voters voting on the question at the meeting
vote to disapprove the ordinance or rule in which event it shall not take
effect. (Added 1969, No. 170 (Adj. Sess.), § 8, eff. March 2, 1970; amended
1971, No. 14, § 12, eff. March 11, 1971.)
§ 1974. Enforcement of criminal
ordinances
(a) The violation of a
criminal ordinance or rule adopted by a municipality under this chapter shall
be a misdemeanor. The criminal ordinance or rule may provide for a fine or
imprisonment, but no fine may exceed $500.00, nor may any term of imprisonment
exceed one year. Each day the violation continues shall constitute a separate
offense.
(b) The presiding judge of
the Superior Court, on application of the legislative body of a municipality,
shall have jurisdiction to enjoin the violation of an ordinance or rule but the
election of a municipality to proceed under this subsection shall not prevent
prosecutions under subsection (a) of this section.
(c) Prosecutions of
criminal ordinances shall be brought before the Superior Court pursuant to 4
V.S.A. § 441.
(d) Prosecutions of
criminal ordinances may be brought on behalf of the municipality by the
municipal attorney, grand juror, or other person designated by the legislative
body of the municipality. (Added 1969, No. 170 (Adj. Sess.), § 8, eff. March 2,
1970; amended 1993, No. 237 (Adj. Sess.), § 3, eff. Nov. 1, 1994; 2009, No. 154
(Adj. Sess.), § 182.)
§ 1974a. Enforcement of
civil ordinance violations
(a) A civil penalty of not
more than $800.00 may be imposed for a violation of a civil ordinance. Each day
the violation continues shall constitute a separate violation.
(b) All civil ordinance
violations, except municipal parking violations, and all continuing civil
ordinance violations, where the penalty is $800.00 or less, shall be brought
before the Judicial Bureau pursuant to Title 4 and this chapter. If the penalty
for all continuing civil ordinance violations is greater than $800.00, or
injunctive relief, other than as provided in subsection (c) of this section, is
sought, the action shall be brought in the Criminal Division of the Superior
Court, unless the matter relates to enforcement under chapter 117 of this
title, in which instance the action shall be brought in the Environmental
Division of the Superior Court.
(c) The Judicial Bureau, on
application of a municipality, may order that a civil ordinance violation
cease.
(d) Civil enforcement of
municipal zoning violations may be brought as a civil ordinance violation
pursuant to this section or in an enforcement action pursuant to the
requirements of chapter 117 of this title.
(e)(1) When filed in court
as an enforcement action by the municipality, municipal parking violations
shall be brought as civil violations. The right to trial by jury shall not
apply in such cases.
(2) A person who received a
criminal conviction in District Court for a municipal parking violation
committed before January 1, 2005 may petition the court to seal all records in
the matter. The person shall provide a copy of the petition to the State or
municipal official who was the prosecuting authority on the matter in District
Court. The Court shall grant the petition if, after providing the prosecuting
authority with an opportunity to respond, the Court finds that sealing the
records would serve the interests of justice. (Added 1993, No. 237 (Adj.
Sess.), § 4, eff. Nov. 1, 1994; amended 1997, No. 121 (Adj. Sess.), § 17; 2003,
No. 115 (Adj. Sess.), § 77, eff. Jan. 1, 2005; 2003, No. 146 (Adj. Sess.), § 5,
eff. Jan. 1, 2005; 2009, No. 154 (Adj. Sess.), § 236; 2011, No. 155 (Adj.
Sess.), § 2.)
§ 1975. Evidence of
adoption
A certificate of the clerk
of a municipality showing the publication, posting, recording and adoption of
an ordinance or rule, or any of the foregoing, shall be presumptive evidence of
the facts so stated in any action or proceeding in court or before any board,
commission or other tribunal. (Added 1969, No. 170 (Adj. Sess.), § 8, eff.
March 2, 1970; amended 1971, No. 14, § 13, eff. March 11, 1971.)
§ 1976. Amendments and
repeals
An ordinance or rule
adopted in accordance with the procedures provided for in this chapter may be
amended or repealed in accordance with the procedure herein set forth relating
to adoption of ordinances and rules, and the provisions of this chapter,
including the right of petition and referendum contained in section 1973 of
this title, shall apply to the amendment or repeal of an ordinance or rule
adopted under this chapter as well as to its enactment. (Added 1969, No. 170
(Adj. Sess.), § 8, eff. March 2, 1970.)
§ 1977. Complaint for
municipal civil ordinance violations
(a) The complaint in a
municipal civil case shall be signed by the issuing municipal official. The
original copy shall be filed with the judicial bureau, a copy shall be retained
by the issuing municipal official and two copies shall be given to the
defendant.
(b) The municipal official
may void or amend the municipal complaint issued by that official by so marking
the complaint and sending it to the judicial bureau.
(c) The court administrator
shall approve an appropriate summons and complaint form, pursuant to subsection
1105(a) of Title 4, to implement the assessment of the full and waiver penalty
provisions of this section. (Added 1993, No. 237 (Adj. Sess.), § 5, eff. Nov.
1, 1994; amended 1997, No. 121 (Adj. Sess.), § 18; 1999, No. 58, § 4, eff.
Sept. 1, 1999; 1999, No. 160 (Adj. Sess.), § 28.)
§ 1978. Repealed. 1997, No.
121 (Adj. Sess.), § 39(6).
§ 1979. Procedure
(a) Municipal ordinance
violations shall be heard by the bureau and the procedure shall be as provided
in chapter 29 of Title 4.
(b) At the hearing, the
municipal attorney, grand juror or designee of the legislative body of the
municipality may dismiss or amend the complaint, subject to the approval of the
hearing officer.
(c) Upon entry of default
judgment pursuant to 4 V.S.A. § 1105(f), the hearing officer shall assess the
full penalty provided for in the ordinance that was found to have been
violated.
(d) Upon entry of judgment
against the defendant after a contested hearing, the hearing officer shall
assess a civil penalty in an amount not less than the waiver penalty and not
more than the full penalty provided for in the ordinance that was found to have
been violated. (Added 1993, No. 237 (Adj. Sess.), § 5, eff. Nov. 1, 1994;
amended 1997, No. 121 (Adj. Sess.), § 19; 1999, No. 58, § 5, eff. Sept. 1,
1999.)
§ 1980. Repealed. 1997, No.
121 (Adj. Sess.), § 39(7).
§ 1981. Enforcement of
order from Judicial Bureau
(a) Upon entry of a
judgment after hearing or entry of default by the hearing officer, subject to
any appeal pursuant to 4 V.S.A. § 1107, the person found in violation shall
have up to 30 days to pay the penalty to the Judicial Bureau. Upon the
expiration of the period to pay the penalty, the person found in violation
shall be assessed a surcharge of $10.00 for the benefit of the municipality.
All the civil remedies for collection of judgments shall be available to
enforce the final judgment of the Judicial Bureau.
(b) In addition to any other
civil remedies available by law, a final judgment of the Judicial Bureau that
has not been satisfied within 30 days shall, upon due recordation in the land
records of the town in which any real or personal property of the defendant is
located, constitute a lien upon that real or personal property, except for
motor vehicles as defined by 23 V.S.A. § 4(21), and may be enforced within the
time and in the manner provided for the collection of taxes pursuant to 32
V.S.A. chapter 133, subchapter 8.
(c) The remedies of civil
contempt and referral to a collections agency for failure to pay a Judicial
Bureau judgment under this section shall be as provided in 4 V.S.A. § 1109(c)
and (d). (Added 1993, No. 237 (Adj. Sess.), § 5, eff. Nov. 1, 1994; amended
1997, No. 121 (Adj. Sess.), § 20; 1997, No. 122 (Adj. Sess.), § 1; 1999, No.
58, § 6; 2003, No. 62, § 3; see effective date note below; 2009, No. 154 (Adj.
Sess.), § 238; 2011, No. 83 (Adj. Sess.), § 1.)
§ 1982. Reports
The court administrator
shall prepare audits, records and reports relating to the enforcement of
municipal ordinance complaints in the judicial bureau. (Added 1993, No. 237
(Adj. Sess.), § 5, eff. Nov. 1, 1994; amended 1997, No. 121 (Adj. Sess.), §
21.)
§ 1983. Identification to
law enforcement officers required
(a) A law enforcement
officer is authorized to detain a person if:
(1) the officer has
reasonable grounds to believe the person has violated a municipal ordinance;
and
(2) the person refuses to
identify himself or herself satisfactorily to the officer when requested by the
officer.
(b) The person may be
detained only until the person identifies himself or herself satisfactorily to
the officer. If the officer is unable to obtain the identification information,
the person shall forthwith be brought before a Criminal Division of the
Superior Court judge for that purpose. A person who refuses to identify himself
or herself to the Court on request shall immediately and without service of an
order on the person be subject to civil contempt proceedings pursuant to 12
V.S.A. § 122. (Added 1997, No. 122 (Adj. Sess.), § 2; amended 2009, No. 154
(Adj. Sess.), § 238.)
§ 1984. Conflict of
interest prohibition
(a) A town, city, or
incorporated village, by majority vote of those present and voting at an annual
or special meeting warned for that purpose, may adopt a conflict of interest
prohibition for its elected and appointed officials which shall contain:
(1) A definition of
"conflict of interest."
(2) A list of the elected
and appointed officials covered by such prohibition.
(3) A method to determine
whether a conflict of interest exists.
(4) Actions that must be
taken if a conflict of interest is determined to exist.
(5) A method of enforcement
against individuals violating such prohibition.
(b) Unless the prohibition
adopted pursuant to subsection (a) of this section contains a different
definition of "conflict of interest," for the purposes of a
prohibition adopted under this section, "conflict of interest" means
a direct personal or pecuniary interest of a public official, or the official's
spouse, household member, business associate, employer, or employee, in the
outcome of a cause, proceeding, application, or any other matter pending before
the official or before the agency or public body in which the official holds
office or is employed. "Conflict of interest" does not arise in the
case of votes or decisions on matters in which the public official has a
personal or pecuniary interest in the outcome, such as in the establishment of
a tax rate, that is no greater than that of other persons generally affected by
the decision. (Added 1999, No. 82 (Adj. Sess.), § 2.)
Sub-Chapter
003: Treasury Entitled To Fines And Costs And Liable For Costs
13 V.S.A. § 7251.
Municipalities; payment to and liability of
§ 7251. Municipalities;
payment to and liability of
(a) Fines, forfeitures and
penalties, imposed by the district or superior court or by the judicial bureau
for violation of a village, town, or city ordinance shall be paid to the
village, town or city, respectively, except for a $12.50 administrative charge
for each case which shall be retained by the state.
(b) Fines, forfeitures and
penalties imposed by the judicial bureau for all speeding traffic violations
under subchapter 8 of chapter 13 of Title 23 entitled "speed
restrictions" on state highways and for height and width violations under
23 V.S.A. § 1431 and length violations under 23 V.S.A. § 1432 on town highways
resulting from the enforcement by towns within the jurisdiction of the town
shall be paid to the town by the formula set forth in subsection (c) of this
section except for the administrative charge according to the provisions of
subsection (a) of this section which shall be retained by the state. The
enforcement by towns shall be by a town law enforcement officer or a law
enforcement officer by contract with the town. Such law enforcement officer
shall be certified according to the provisions of 20 V.S.A. § 2358. Nothing in
this section shall be construed to limit the jurisdiction of a certified law
enforcement officer. The revenue that is collected by the state pursuant to
enforcement of this section by a town shall be distributed annually during the
first quarter of the fiscal year immediately following the fiscal year in which
the fines, forfeitures and penalties are collected.
(c) The allocation of
revenue to the towns under the formula shall be updated annually by the state
court administrator and shall provide that the revenue be distributed to those
towns whose law enforcement efforts on state highways and town highways as
specifically set forth in subsection (b) of this section have resulted in the
imposition of the fines, forfeitures and penalties for all speeding traffic
violations under subchapter 8 of chapter 13 of Title 23 entitled "speed
restrictions" and for height and width violations under 23 V.S.A. § 1431
and length violations under 23 V.S.A. § 1432 provided that no town may receive
more than five percent of the total revenue in any given year. The formula used
for distribution shall reflect the percentage of a town's law enforcement
expenditures as it relates to the town's total municipal taxing effort. The
town's total municipal taxing effort shall be determined by subtracting the
town's school taxes assessed from the total taxes assessed as provided each
year in the annual report of the division of property valuation and review by
the Vermont department of taxes. By July 31 of each year, the local legislative
body of any town which had law enforcement efforts resulting in the imposition
of fines, forfeitures and penalties and which wishes to participate shall
submit to the court administrator the total amount of the funds spent for law
enforcement in the most recently completed town fiscal year.
(d) Fines, forfeitures, and penalties imposed by the
judicial bureau for violations of subdivisions 352(3), (4), and (9) of this
title, relating to animal cruelty that result from the enforcement by villages,
towns, and cities within their jurisdiction shall be paid to the respective
village, town, or city, except for a $12.50 administrative charge for each
violation which shall be retained by the state. The enforcement by villages,
towns, and cities shall be by a local law enforcement officer or a law
enforcement officer by contract with the village, town, or city. Such law
enforcement officer shall be certified according to the provisions of 20 V.S.A.
§ 2358. (Amended 1973, No. 249 (Adj. Sess.), § 58, eff. April 9, 1974; 1975,
No. 227 (Adj. Sess.), § 4; 1989, No. 109, § 7; 1993, No. 237 (Adj. Sess.), § 7,
eff. Nov. 1, 1994; 1995, No. 77 (Adj. Sess.), § 6, eff. March 21, 1996; 1995,
No. 133 (Adj. Sess.), § 1; 1997, No. 46, §§ 8, 9; 1997, No. 121 (Adj. Sess.), §
30; 2001, No. 149 (Adj. Sess.), § 74, eff. June 27, 2002; 2007, No. 51, § 21.)
COLCHESTSER CHARTER LANGUAGE
The Vermont Statutes Online
Title 24 Appendix: Municipal Charters
Chapter 113: TOWN OF COLCHESTER
Sub-Chapter 1: Powers Of The Town
§ 113-103. Powers of the Town
(a) The Town
shall have all the powers granted to towns by the Constitution and laws of the
State together with all the implied powers necessary to carry into execution
the powers granted; it may enact ordinances consistent with the Constitution
and laws of the State of Vermont or with this charter, and impose penalties for
violations thereof not in excess of a fine of $100.00, together with the costs
of prosecution, or imprisonment for not more than 60 days, or both.
(b) The Town
of Colchester may adopt, amend, enforce, and repeal ordinances relating to any
aspect of municipal concern for the peace, order, health, safety, comfort,
protection, morality, and general welfare of the Town and of its citizens.
(c) The Town
may acquire real property within its corporate limits for any Town purpose, in
fee simple or any lesser interest or estate, by purchase, gift, devise, lease,
or condemnation, or without its corporate limits by purchase, gift, devise,
lease, with approval of the voters, consistent with the Constitution and laws
of the State of Vermont, and may sell, lease, mortgage, hold, manage, and
control such property as its interests may require.
§ 113-104. Additional powers
In addition
to powers otherwise conferred upon it by law, the Town is authorized:
(1) To adopt
and enforce ordinances relating to making and installing local improvements
including curbs, sidewalks, storm drains, and water and sanitary waste systems;
apportioning part of the expense of such improvements against property owners
who benefit thereby; providing for the collection of such assessments and
penalties for nonpayment; provided however:
(A) That in
absence of an ordinance no assessment shall be made by the selectmen until they
have received a petition in writing from 50 percent of the owners of property
fronting on such local improvements as proposed. Upon receiving such petition,
the selectmen may order the proposed improvements to be made.
(B) That no
assessment shall be made in excess of the actual benefit to the land so
assessed as determined by the Selectmen after notice to and hearing of the
owners of the property assessed.
(C) That the
total assessment made on account of any such improvements shall not exceed 50
percent of the cost of such improvement and the remaining cost of such
improvement shall be borne by the Town.
(2) To adopt
and enforce ordinances requiring the installation of curbs, sidewalks, and
storm drains in a manner specified by the Town as a condition precedent to the
issuance of a building permit.
(3) To adopt
and enforce ordinances regulating signs and billboards.
(4) To adopt
and enforce police ordinances regulating the parking, operation, and speed of
motor vehicles upon Town and State aid streets and highways; to adopt police
ordinances regulating the use of firearms, air rifles, and devices having a
capacity to inflict personal injury; to adopt and enforce police ordinances
prohibiting the use of firearms, air rifles, and devices having a capacity to
inflict personal injury in specified areas, but only with approval of the
voters.
(5) To adopt
and enforce ordinances relating to regulation, licensing, or prohibition of the
storage and accumulation of garbage, ashes, rubbish, refuse, and waste
materials.
(6) To
create and maintain a Police Department.
(7) To
establish a policy whereby the Board of Selectmen may determine it to be in the
public interest to plow those private roads serving two or more year-round
residences, which had previous to January 1, 1997, have the Town providing
winter road maintenance.
§ 113-105. Ordinances; enforcement; adoption
(a) The
selectmen may provide penalties for the breach of any ordinance authorized by
general law or this charter; may prosecute any person violating the same
through the Town Grand Juror, Town Attorney, or police officers who for such
purposes shall be informing officers and may maintain actions to restrain
actual or threatened violations of the same. The establishment of any fine or
penalty shall be by ordinance.
(b)
Ordinance-making authority granted to the Town by this charter and general law
shall be exercised in accordance with sections 106 through 109 of the charter.
§ 113-106. Introduction; first and second readings; public hearing
(a) Every
ordinance shall be introduced in writing. The enacting clause of all ordinances
shall be "The selectmen of the Town of Colchester hereby ordain /t. /t.
/t.". If the selectmen pass the proposed ordinance upon first reading they
shall cause it to be published in its entirety in a newspaper of general
circulation in the Town at least once, together with a notice of the time and
place, when and where there will be a public hearing to consider the same for
final passage. The first publication shall be at least 15 days prior to the
date of said public hearing.
(b) At the
time and place so designated or at any time and place to which the hearing may
from time to time be adjourned, such ordinance shall be read in full, and after
such reading, all persons interested shall be given an opportunity to be heard.
§ 113-107. Further consideration; final passage
After the
hearing, the selectmen may finally pass such ordinance with or without
amendment, except that if the selectmen make an amendment they shall cause a
summary of the amended ordinance to be published at least once together with a
notice of the time and place of a public hearing at which such amended
ordinance will be further considered, which publication shall be at least three
days prior to the public hearing. At the time so designated or at any time and
place to which such meeting may be adjourned, the amended ordinance shall be
read in full, and after such hearing the selectmen may finally pass such
amended ordinance, or again amend it subject to the same procedure as outlined
herein.
§ 113-108. Effective date
Every
ordinance shall become effective 21 days after passage unless a petition for
overrule is filed in accordance with section 305 of this charter; or, if the
ordinance is conditioned upon approval of the voters of the Town, then upon a
favorable vote of a majority of those voting thereon at a meeting duly warned
for the purpose.
§ 113-109. Filing
The Town
Clerk shall prepare and keep in the Town Clerk's office the original signed
copy of all ordinances and/or any changes, adopted by the selectmen. This
original file shall be indexed by subject matter and shall note in the record
procedural information relating to the enactment of each original or changed
ordinance. The Town Manager shall arrange for publishing, and updating of
codified sets of all ordinances, for distribution and use by Town officials.
(d) In this
charter no mention of a particular power shall be construed to be exclusive or
to restrict the scope of the powers which the Town would have if the particular
power were not mentioned.
(e) The Town
may merge with political subdivisions within its boundary after approval of the
voters in elections to be held by both the Town and political subdivision
involved.
§ 113-211. Powers and duties
(a) The
members of the Board of Selectmen shall constitute the legislative body of the
Town of Colchester for all purposes required by statute, and except as
otherwise herein specifically provided shall have all the powers and authority
given to, and perform all duties required of town legislative bodies or board
of selectmen under the laws of the State of Vermont.
(b) Within
the limitations of the foregoing, the selectmen shall have the power to:
(1) Appoint
and remove a Town Manager and supervise, create, change, and abolish offices,
commissions, or departments other than the offices, commissions, or departments
established by this charter.
(2) Assign
additional duties to offices, commissions or departments established by this
charter, but may not discontinue or assign to any other office, commission, or
department duties assigned to a particular office, commission, or department
established by this charter.
(3) Appoint
the members of all boards, commissions, committees, or similar bodies unless
specifically provided otherwise by this charter.
(4) Make,
amend, and repeal ordinances
as provided in sections 106-109 of this charter.
(5) Provide
for an independent audit by a certified public accountant.
(6) Inquire
into the conduct of any officer, commission, or department and investigate any
and all municipal affairs.
§ 113-305. Overrule of ordinances
All
ordinances shall be subject to overrule by a special Town meeting, as follows;
if, within 20 days after final passage by the selectmen of any such ordinance,
a petition signed by voters of the Town not less in number than 10 percent of
the largest number of votes cast by Australian ballot at the last annual Town
meeting is filed with the Town Clerk requesting its reference to a special Town
meeting, the selectmen shall fix the time and place of such meeting, which
shall be not less than 30 nor more than 40 days after the filing of the
petition and notice thereof shall be given in the manner provided by law in the
calling of a special Town meeting. An ordinance so referred shall become
effective upon the conclusion of such meeting unless voters not less in number
than 10 percent of the largest number of votes cast by Australian ballot at the
last annual Town meeting and constituting a majority of those voting thereon,
shall have voted against the ordinance.
§ 113-306. Petition for enactment of ordinance; special meeting
(a) Subject
to the provisions of section 305 of this charter, voters of the Town may at any
time petition in the same manner as in section 305 for the enactment of any
proposed lawful ordinance by filing such petition, including the text of such
ordinance, with the Town Clerk. The selectmen shall call a special Town meeting
to be held not less than 30 nor more than 40 days after the date of such
filing, unless prior to such meeting such ordinance is enacted by the
selectmen. The warning for such meeting shall state the proposed ordinance in
full and shall provide for an aye and nay vote as to its enactment. Such
ordinance shall take effect on the 10th day after the conclusion of such
meeting provided that the voters as qualified in section 305 of this charter,
constituting a majority of those voting thereon, shall have voted in the affirmative.
(b) Any
proposed ordinance shall be examined by the Town Attorney before being
submitted to the special Town meeting. The Town Attorney is authorized subject
to the approval of the selectmen to correct such ordinance so as to avoid
repetitions, illegalities, and unconstitutional provisions, and to insure
accuracy in its text and references, and clearness and preciseness in its
phraseology, but the Attorney shall not materially change its meaning and
effect.
(c) This
section shall not apply to appointments of officers, members of commissions, or
boards made by the selectmen or to the appointment or designation of selectmen,
or to rules governing the procedure of the selectmen.
§ 113-1002. Existing ordinances and contracts
The passage
of the charter herein enacted shall not affect any act or contract executed or
liability incurred prior to its effective date or affect any suit or
prosecution pending or to be instituted, to enforce any right, rule,
regulation, or ordinance, or to punish any offense against any such ordinance
enacted prior to the passage of this charter. All ordinances, resolutions,
regulations, and rules made under any act of the General Assembly shall
continue in effect as if such ordinance, resolution, regulation, or rule had
been enacted under the provisions of this charter.
