TOWN OF DEDHAM  
REVISED BY–LAWS

2003 EDITION

  INDEX  

1.  GENERAL PROVISIONS            2.  TOWN MEETINGS 3.  BUDGET PREPARATION 4.  FINANCIAL AFFAIRS 5.  CONTRACTS BY TOWN OFFICERS 6.  LEGAL AFFAIRS 7.  TOWN RECORDS AND REPORTS 8.  TOWN ADMINISTRATOR 9.  CEMETERIES 10. SHUTTLEWORTH FUND 11. PUBLIC LIBRARY 12. TOWN WAYS AND STREET LIGHTING 13. POLICE REGULATIONS 14. PERSONNEL, WAGE AND SALARY     ADMINISTRATION 15. PLUMBING AND SEWERAGE SYSTEM 16. BUILDING CODE 17. WIRING CODE 18. ZONING BY–LAWS

19. (None) 20. ENDICOTT ESTATE COMMISSION 21. YOUTH COMMISSION 22. COUNCIL ON AGING 23. DOG CONTROL 24. HISTORIC DISTRICTS 25. (None) 26.  BUILDING, PLANNING AND CONSTRUCTION COMMITTEE        27. SIGN CODE 28. WETLANDS PROTECTION 29. FEES RELATING TO THE CLERK 30. OPEN SPACE PLANNING AND PROTECTION 31. NUMBERING OF BUILDINGS 32. DEDHAM CIVIC PRIDE COMMITTEE 33. RECYCLING ACCESS—RESIDENTIAL CONDOMINUMS/APARTMENT COMPLEXES 34. DEDHAM CABLE ADVISORY COMMITTEE 35. FEES FOR FIRE AND POLICE DETAILS 36. STORMWATER MANAGEMENT

    Table of Contents
                                                                                                                                           

                            Section 1.                   Citation; Time of Taking Effect

                            Section 2.                   Continuation of By–Laws; Effect of Repeal

                            Section 3.                   References to Offices to Include Successors

                            Section 4.                   Officers Have Right to License or Permit

                            Section 5.                   By–Laws May Be Repealed

                            Section 6.                   Enforcement; General Fines Set; Non–Criminal Disposition

                            Section 7.                   Limitation on Actions

                            Section 8.                   Definitions

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CHAPTER TWO                                 TOWN MEETINGS

                            Section 1.                   Annual Town Meeting Date Set

                            Section 2.                   Annual Town Meeting Business Session Date Set

                            Section 3.                   Hours for Polls Set

                            Section 3A.               Inclusion of Articles on Town Meeting Warrants

                            Section 4.                   Notice of Town Meetings to be Posted and Published

                            Section 5.                   Report of Finance Committee to be Distributed, to Include Collective Bargaining Agreements

                            Section 6.                   Notice of Town Meetings to be Mailed to Representatives; Notice of Special Town Meeting to be Given to Finance Committee

                            Section 7.                   Notice of Adjournment to be Posted

                            Section 8.                   Town Clerk to Keep Verbatim Record of Town Meeting

                            Section 9.                   Town Meeting Quorum

                            Section 10.                 Articles to be Taken Up in Order

                            Section 11.                 Recommendation of Finance Committee to be Original Motion; Amendments to be in Writing; Procedure for Omnibus Adoption Defined

                            Section 12.                 Motions May Be Divided

                            Section 13.                 Precedence of Motions

                            Section 14.                 Higher Money Amounts to be Voted First

                            Section 15.                 Spokesperson to Disclose Agency

                            Section 16.                 Voting to be by Voice; Standing Count if Voice Vote Doubted

                            Section 17.                 Roll Call May Be Requested

                            Section 18.                 Speaking More Than Once May Be Regulated

                            Section 19.                 Duration of Speaking May Be Limited

                            Section 20.                 Motion to Terminate or Limit Debate to Require Two–Thirds Vote

                            Section 21.                 Voters and Taxpayers Have Right to Speak

                            Section 22.                 Reconsideration of Vote Limited

                            Section 23.                 Reconsideration of Vote at Adjourned Meeting

                            Section 24.                 Committee Reports

                            Section 25.                 Town Meeting Not to be Dissolved Until All Articles Acted Upon

                            Section 26.                 Certain Appropriations to be Considered and Recommended

                            Section 27.                 Town Meeting to Open With Salute to Flag

                            Section 28.               Collective Bargaining Agreements to be Included in Report of Finance Committee

                            Section 29.                (Section moved and renumbered to section eleven of Chapter Three.)

                            Section 30.               Text of Acts for Acceptance to be Included in Report of Finance Committee

                            Section 31.               Committee on By–Laws Established; Duties Set

                            Section 32.                Two–Thirds Vote

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CHAPTER THREE                              BUDGET PREPARATION

                             Section 1.                   Finance Committee to be Appointed

                            Section 2.                   Term of Finance Committee Members

                            Section 3.                   Finance Committee to Keep Records

                            Section 4.                   Finance Committee Vacancies

                            Section 5.                   Town Meeting Articles to be Referred To Finance Committee for Hearing and Report

                            Section 6.                   Finance Committee to Make Recommendation on Appropriations

                            Section 7.                   Finance Committee to Have Access to Records

                            Section 8.                   Capital Expenditures Committee to File Report

                            Section 9.                   Capital Expenditures Committee

                            Section 10.                 Departments to Submit Budgets to Comptroller

                            Section 11.                 Parks and Playgrounds Construction Plans to be Submitted

                            Section 12.                  Budget Submission Dates

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CHAPTER FOUR                                FINANCIAL AFFAIRS

                            Section 1.                   Audit to be Made Annually

                            Section 2.                   Warrants for Payment to be Signed by Comptroller and Selectmen

                            Section 3.                   Bills to be Approved for Expenditure and Submitted to Comptroller

                            Section 4.                   Comptroller to Issue Warrants for Payments

                            Section 5.                   Treasurer to Honor All Proper Warrants

                            Section 6.                   Town Payroll May Be Paid Weekly

                            Section 7.                   Petty Cash Accounts Authorized

                            Section 8.                   All Payments to be By Check

                            Section 9.                   All Purchases to be By Purchase Order; Comptroller to Give Notice of Liabilities in Excess of Appropriation

                            Section 10.                 Comptroller to Distribute Statement of Expenditures and Balances

                            Section 11.                 Expenditures to be Made for Appropriated Purpose Only; Unexpended Balances to be Transferred to Excess and Deficiency Account

                            Section 12.                 Collector to Collect All Accounts Due Town

                            Section 12A.             Collector to Assess Interest on Overdue Accounts

                            Section 13.                 All Accounts Due to be Committed to Collector

                            Section 14.                 Collector to Recommend Suits for Collection of Accounts Due

                            Section 15.                  Collector to Pay Over to Treasurer Weekly; Departments to Pay Over Monthly

                            Section 16.                 Treasurer to Have Custody of Documents of Ownership

                            Section 17.                 (Section moved and renumbered to section nine of Chapter Three.)

                            Section 18.                 Fees to be Charged for Use of Town Property and Other Services

                            Section 19.                 Contributory Retirement System Payments to be Made Monthly

                            Section 20.                Licenses May Be Denied to Persons Delinquent in Payments

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CHAPTER FIVE                                  CONTRACTS BY TOWN OFFICERS

                            Section 1.                   Officers With Financial Interest Not to Participate in Contracts

                            Section 2.                   Contracts to be in Writing and Authorized by Board or Committee

                            Section 3.                   Performance Bond; Security Deposit

                            Section 4.                   Contracts Not to Extend More Than One Year Unless Authorized

                            Section 5.                   Competitive Bidding Required; Procedures Defined

                            Section 6.                   Disposal of Surplus Equipment; Bidding Procedure

                            Section 7.                   Borrowing for More Than Two Years to Require Bids

                            Section 8.                    Procedure Governing the Submission of Competitive Bids and Bid openings

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CHAPTER SIX                                    LEGAL AFFAIRS

                            Section 1.                   Selectmen to be Agents of Town

                            Section 2.                   Selectmen Authorized to Settle Claims

                            Section 3.                   Town Counsel to Report Status of Actions

                            Section 4.                   Selectmen to Appoint Town Counsel

                            Section 5.                   Duties of Town Counsel

                            Section 6.                   Treasurer to Execute Deeds and Transfers of Interests

                            Section 7.                   Qualifications for Town Counsel

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CHAPTER SEVEN                              TOWN RECORDS AND REPORTS

                            Section 1.                   Town Officers, Board and Committees to Keep Records Open to Public

                            Section 2.                   Comptroller to Keep Records of Insurance, Bonds and Indebtedness

                            Section 3.                   Departments to Report on Expenditures for Town Report

                            Section 4.                   (Section moved and renumbered to section ten of Chapter Three.)

                            Section 5.                   Report of Treasurer Detailed

                            Section 6.                   Report of Comptroller Detailed

                            Section 7.                   Selectmen to Publish Annual Town Report; Report Detailed

                            Section 8.                   By–Laws, Rules and Regulations, Assessors' Evaluations to be Printed

                            Section 9.                   Annual Town Report to be Available, Delivered to Town Representatives

                            Section 10.                 Annual Departmental Reports to be Filed with Town Clerk as Public Records

                            Section 11.                 Use and Dissemination of Information Regulated

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CHAPTER EIGHT                               TOWN ADMINISTRATOR

                            Section 1.                   Town Administrator Responsible for Town Offices

                            Section 2.                   Town Offices to be Leased Only by Vote of Town

                            Section 3.                   Police Officer May be Present for Licensed Use

                            Section 4.                   Town Buildings Not to be Used for Forbidden Purpose

                            Section 5.                   Administrator's Compensation

                            Section 6.                   Administrator's Qualifications

                            Section 7.                   Town Administrator to Negotiate Employee Contracts

                            Section 8.                   Town Vehicles to be Marked

                            Section 9.                   Town Administrator to Place All Insurance

                            Section 10.                 Town Administrator May Submit Articles for Town Meeting

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CHAPTER NINE                                  CEMETERIES

                           Section 1.                   Town Administrator to Have Charge of Cemeteries

                            Section 2.                   Free Public Burial to be Available; Cemetery to be Laid Out, Maintained

                            Section 3.                   Town Administrator Authorized to Sell Cemetery Lots

                            Section 4.                   Proceeds from Sale of Lots and Graves to be Reserved for Appropriation

                            Section 5.                   Gifts for Care of Cemeteries

                            Section 6.                   Gifts to be Deposited in Perpetual Care Fund

                            Section 7.                   Cemetery Advisory Committee Established

                           Section 8.                    Cemetery Committee Duties

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CHAPTER TEN                                   SHUTTLEWORTH FUND

                            Section 1.                   Fund to be Kept Separate; Principal Not to be Expended

                            Section 2.                   Fund Investment to be Approved by Commissioners of Trust Funds

                            Section 3.                   Treasurer to Have Custody of Fund; Commissioners of Trust Funds to Order Expenditures

  Section 4.                  Fund Transactions to be Done by Treasurer

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CHAPTER ELEVEN                            PUBLIC LIBRARY

                            Section 1.                   Board of Trustees to Have Custody of Library

                            Section 2.                   Regular and Special Meetings

                            Section 3.                   Trustees to Organize and Appoint Librarian

                            Section 4.                   Finance Committee to Keep Financial Records, Invest Library Fund and Approve Expenditures

                            Section 5.                   Treasurer to Have Custody of Library Funds

                            Section 6.                   Financial Transactions to be Done by Treasurer

                            Section 7.                   Board of Trustees to be Responsible for Staffing

                            Section 8.                   Trustees to Submit Annual Report

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CHAPTER TWELVE                          TOWN WAYS AND STREET LIGHTING

                            Section 1.                   Commissioner of Public Works to Administer Public Ways

                            Section 2.                   Notice of Intention to Lay Out or Change Public Way to be Published

                            Section 3.                   Excavations Within Public Way Regulated

                            Section 3A.               Construction of Access Ways onto Public Ways Regulated

                            Section 4.                   Vehicles Interfering With Snow Removal May Be Removed and Stored

                            Section 5–8               (None)

                            Section 9.                   Selectmen May Adopt Traffic and Parking Regulations

                            Section 10.                  Department of Public Works

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CHAPTER THIRTEEN                      POLICE REGULATIONS

                            Section 1.                   Second–Hand Businesses Regulated

                            Sections 2–6.            (None)

                            Section 7.                   Posting of Circulars on Public Ways and Private Premises Regulated

                            Section 8.                   Posting of Circulars on Vehicles Regulated

                            Section 9.                   Moving of Buildings on Public Ways Regulated

                            Section 10.                 Firecrackers, Discharge of Firearms Prohibited

                            Section 11.                 Indecent, Disorderly Conduct Prohibited on Public Ways

                            Section 12.                 (None)

                            Section 13.                 Defacing, Destroying Lawful Notice Prohibited

                            Section 14.                 Loitering on Stoops, Walls Prohibited

                            Section 15.                 Sledding on Pubic Ways and Places Regulated

                            Section 16.                 Dangerous Conduct on Public Ways Prohibited

                            Section 17.                 Placing Trash, Chemicals Upon Public Way Prohibited

                            Section 18.                 Indecent Exposure, Graffiti Prohibited

                            Section 19.                 Keeping of Swine Regulated

                            Section 20.                 Slaughter Houses, Piggeries Regulated

                            Section 21.                 Trash Collectors To Be Licensed; No Land To Be Filled With Rubble

                            Section 22.                 Parades, Performances in Public Ways Regulated

                            Section 23.                 Evading Taxi, Bus Fare Prohibited

                            Section 24.                 Trespassing, Peeping Toms Prohibited

                            Section 25.                 Bonfires in Public Ways Regulated

                            Section 26.                 Fires, Transport of Inflammable Materials on Public Ways Prohibited

                            Section 27.                 Gaming in Public Ways and Places Prohibited

                            Section 28.                 Willful Destruction of Public Property Prohibited

                            Section 29.                 Climbing Trees in Public Ways and Places Regulated

                            Section 30.                 Tampering with Public Drinking Fountain Prohibited

                            Section 31.                 Discharge of Firearms Regulated

                            Section 32.                 Soliciting Money in Public Ways, Door–to–Door Regulated

                            Section 33.                 Sales Booths in Public Ways and Places Regulated

                            Section 34.                 Riding Horse on Sidewalk Prohibited

                            Section 35.                 Possession of Toy Pistols on Public Ways Prohibited

                            Section 36.                 Obstruction of Passage on Public Ways Prohibited

                            Section 37.                 Throwing Snow on Cleared Way Prohibited

                            Section 38.                 Leakage of Liquids During Transport on Public Ways Prohibited

                            Section 39.                 Abandonment of Vehicles; Disposition of Non–Operating Vehicles

                            Section 40.                 Use of Motorized Recreational Vehicles Regulated

                            Section 41.                 Consuming Intoxicating Beverages Within Public Way or on Public Property Prohibited; Disorderly, Offensive Conduct Prohibited

                            Section 42.                 Retail Sale of Food and Alcoholic Beverages Regulated

                            Section 42A.             Hours of Retail Sales Regulated

                            Section 43.                 Security Alarm Systems Regulated; False Alarm Penalties

                            Section 44.                 Trespass upon Parks After Hours Prohibited

                            Section 45.                 (None)

                            Section 46.                 Retail Promotional Events Regulated

                            Section 47.                 Dumpsters Regulated

                            Section 48.                 (None)

                            Section 49.                 Restaurant Sewage Disposal Regulated

                            Section 50.                 Fines for Violations of Truck Ban

                            Section 51.                 Fire Lanes Established; Obstruction of Fire Lane Prohibited

                            Section 52.                 Handicapped Parking Areas Established; Misuse Prohibited

                            Section 53.                 Parking of Commercial Vehicles in Residential District Regulated

                            Section 54.                 Selling and Soliciting Money Upon or Abutting Public Ways Regulated

                            Section 55.                 No Liquor License To Be Held Where Sexual Conduct Permitted

                            Section 55A.             Visual Displays of Sexual Conduct Prohibited

                            Section 55B.              Violators of Laws Barred From Licensed Premises

                            Section 56.                 Sale of Imitation Handguns Regulated

                            Section 57.                 Operating Hours Under Licenses Regulated

                            Section 58.                 Sales of Novelties Prohibited

                            Section 59.                 (None)

                            Section 60.                 Strings of Lights

                            Section 61.                 Sound Equipment, Alarms Regulated

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CHAPTER FOURTEEN                      PERSONNEL, WAGE AND SALARY ADMINISTRATION

CHAPTER FIFTEEN                            PLUMBING

                            Section 1.                  Administration

                            Section 2.                   Operations

                            Section 3.                   Rates

                            Section 4.                   Sewer Line Construction and Maintenance

                            Section 5.                   Assessment of User Charges

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CHAPTER SIXTEEN                          BUILDING CODE

CHAPTER SEVENTEEN                    WIRING CODE

CHAPTER EIGHTEEN                       ZONING BY–LAWS

CHAPTER NINETEEN                       (None)

CHAPTER TWENTY                          ENDICOTT ESTATE COMMISSION

                            Section 1.                   Estate to be Used by Residents for Recreation and Education

                            Section 2.                   Town Administrator to Have Responsibility for Estate

                            Section 3.                   Endicott Estate Commission Established

                            Section 4.                   Terms of Commissioners Set; Commission to Organize

                            Section 5.                   Commission to Make Rules and Regulations for Use of Estate

                            Section 6.                   Commission to Make Recommendations on Uses of Estate

                            Section 7                     Estate Manager

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CHAPTER TWENTY–ONE               YOUTH COMMISSION

                            Section 1.                   Youth Commission Established; Terms Set

                            Section 2.                   Duties of Commission

                            Section 3                    Commission to Appoint Staff

                            Section 4                    Administration

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CHAPTER TWENTY–TWO             COUNCIL ON AGING

                            Section 1.                   Council on aging Established; Terms Set

                            Section 2.                   Duties of Council

                            Section 3                    Council to Appoint Staff

                            Section 4                    Administration

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CHAPTER TWENTY–THREE        DOG CONTROL

                            Section 1.                   Duties of Dog Officer

                            Section 2.                   Disturbing the Peace

                            Section 3.                   Complaint of Annoyance; Investigation

                            Section 4.                   Licensing

                            Section 5.                   Restraint of Dogs

                            Section 6.                   Penalties

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CHAPTER TWENTY–FOUR           HISTORIC DISTRICTS

                            Section 1.                   Name

                            Section 2.                   Purpose

                            Section 3.                   Historic Districts Commission

                            Section 4.                   Commission Powers

                            Section 5.                   Historic Districts

                             Section 6.                  Severability

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CHAPTER TWENTY–FIVE              (None)

CHAPTER TWENTY–SIX                BUILDING, PLANNING AND CONSTRUCTION COMMITTEE

                            Section 1.                   Establishment

                            Section 2.                   Term of Committee Members Set; Department Head to be Ex–Officio

                            Section 3.                   Committee to Survey Town Needs

                            Section 4.                   Committee to Determine Building Needs and Make Recommendation

                            Section 5.                   Committee to Supervise Authorized Work

                            Section 6                    Scope of Chapter Defined

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CHAPTER TWENTY–SEVEN          SIGN CODE

                            Section 1.                   Purpose

                            Section 2.                   Authority

                            Section 3.                   Applicability and Effect

                            Section 4.                   Definitions and Interpretation

                            Section 5.                   Administration

                            Section 6.                   General Regulations

                            Section 7.                   Permitted Signs and Standards, Design and Construction

                            Section 8.                   Nonconforming Signs and Signs Without Permits

                            Section 9.                   Violations

                            Section 10.                 Enforcement and Remedies

                            Section 11.                 Appeals

                            Section 12.                 Severability

                            Table 1                       Permitted Signs by Type and Zoning District

                            Table 2                       Sign Dimensions and Locations

                            Table 3                      Maximum Heights for Freestanding Signs

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CHAPTER TWENTY–EIGHT       WETLANDS PROTECTION

                            Section 1.                   Purpose

                            Section 2.                   Definitions

                            Section 3.                   Jurisdiction

                            Section 4.                   Exceptions

                            Section 5.                   Application for Permits and Requests for Determination

                            Section 6                    (None)

                            Section 7.                   Notice and Hearings

                            Section 8.                   Coordination with Other Boards

                            Section 9.                   Permits, Determinations and Conditions

                            Section 10.                 Regulations

                            Section 11.                 Security

                            Section 12.                 Enforcement

                            Section 13.                 Burden of Proof

                            Section 14.                 Appeals

                            Section 15.                 Relation to the Wetlands Protection Act

                            Section 16.                 Severability

                            Section 17                   Filing Fee Schedule for Permits for Work Within the Resource Areas or 100 Foot Buffer Zone to any Resource Area Protected by the Bylaw

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CHAPTER TWENTY–NINE              FEES RELATING TO THE CLERK

CHAPTER THIRTY                            OPEN SPACE PLANNING AND PROTECTION

CHAPTER THIRTY–ONE                 NUMBERING OF BUILDINGS

                            Section 1.                   Assigning Numbers For Buildings

                            Section 2.                   Assigning Numbers For Land

                            Section 3.                   Determination of Number

                            Section 4.                   Current Numbering

                            Section 5.                   Numbering Order

                            Section 6.                   Notice of Number Change

                            Section 7.                   Grace Period

                            Section 8.                   New Buildings

                            Section 9.                   Violation and Penalty

                            Section 10.                 Enforcement

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CHAPTER THIRTY–TWO               DEDHAM CIVIC PRIDE COMMITTEE

                            Section 1.                   Establishment

                            Section 2.                   Term; Compensation

                            Section 3.                   Officers

                            Section 4.                    Duties

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CHAPTER THIRTY–THREE           RECYCLING ACCESS—RESIDENTIAL CONDOMINIUMS/APARTMENT COMPLEXES

                            Section 1.                   Manager to Supply Containers

                            Section 2.                   Dumpsters to Comply with By–Laws

                            Section 3.                   Failure to Comply

                            Section 4.                   Penalties

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CHAPTER THIRTY–FOUR             DEDHAM CABLE ADVISORY COMMITTEE

                            Section 1.                   Establishment

                            Section 2.                   Term; Compensation

                            Section 3.                   Officers

                            Section 4.                   Duties

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CHAPTER THIRTY-FIVE                  FEES FOR FIRE AND POLICE DETAILS

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CHAPTER THIRTY-SIX                   STORMWATER MANAGEMENT

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CHAPTER ONE

(Adopted Nov. 16, 1959 59STM1)

(Reenacted April 8, 1996 96ATM33)

GENERAL PROVISIONS

Section 1.   Citation; Time of Taking Effect

The following provisions shall constitute and be entitled "Revised By–Laws of the Town of Dedham". These by–laws, if adopted at a Special Town Meeting shall take effect at the dissolution of the next Annual Town Meeting, and if adopted at an Annual Town Meeting shall take effect at its dissolution, subject in either case to the requirements of law.

Section 2.   Continuation of By–Laws; Effect of Repeal

The provisions of these by–laws so far as they are the same as those in force at the adoption of this revision shall be construed as a continuation thereof and not as new by–laws. Except as stated in this section, all by–laws in force upon the effective date of this revision, other than those entitled "The Personnel, Wage and Salary Administration Plan", "Plumbing By–Laws", "Building Code", "Wiring Code", and "Zoning By–Laws" not included in this revision are hereby repealed. The foregoing by–laws not thus included shall be incorporated in this revision in their present form under the article numbers and headings stated herein. The repeal of a by–law hereby shall not affect any act done, any liability incurred under such by–law prior to its repeal. Such repeal shall not affect any action or prosecution pending at the time of a penalty or a forfeiture incurred under such repealed by–law. The repeal of a by–law shall not thereby have the effect of renewing any by–law theretofore repealed.

Section 3.   References to Offices to Include Successors

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 substantially the same powers and performing substantially the same duties as such officer, board or committee.

Section 4.   Officers Have Right to License or Permit

Whenever in a by–law anything is prohibited from being done without the license or permission of a certain officer, board or committee, such officer, board or committee shall have the right to license or permit such thing to be done.

Section 5.   By–Laws May Be Repealed

Any or all of these by–laws may be repealed or amended or other by–laws may be adopted at any Town Meeting, an article or articles for that purpose having been inserted in the warrant for such meeting.

Section 6.   Enforcement; General Fines Set; Non–Criminal Disposition

a.)    Whoever does anything prohibited by Section 9 of Chapter Four or Section 3 of Chapter Twelve of these by–laws and whoever violates any of the provisions of Chapters Five, or Thirteen, shall unless otherwise herein provided forfeit and pay a fine not exceeding fifty dollars ($50.00) for each offense.

b.)   Except as otherwise provided by law, prosecutions for offenses under the Revised By–laws of the Town may be made by any constable or police officer of the Town.

c.)    Any person violating any by–law or regulation of the Town, except as otherwise provided for, shall be punished by a fine of not more than three hundred dollars $300.00) for each offense, except where the fine has been specifically established by these By–laws, or by statute.

d.)   A violation of any provision of these Revised By–laws may, as specified below, be dealt with as a non–criminal offense in accordance with the provisions of M.G.L., Chapter 40, S. 21D, and shall be subject to the specific penalties listed in this section. In addition to police officers, who shall in all cases be considered enforcement personnel for the purposes of non–criminal enforcement, the municipal personnel, if any, listed for each provision set forth below shall also be enforcement personnel for such provision.

e.)    Violations of the following provisions of these Revised By­laws may be dealt with as non–criminal offenses:

        Chapter Thirteen: Police Regulations

              Penalty fifty dollars ($50.00), except where otherwise specified [Police Department]

        Chapter Fifteen: Plumbing Code

              Penalty set by State Plumbing Code [Plumbing & Gas Inspector]

        Chapter Sixteen: Building Code

              Penalty set by State Building Code [Building Commissioner and Assistant]

        Chapter Seventeen: Wiring Code

              Penalty set by State Wiring Code [Wiring Inspector]

        Chapter Eighteen (Section IX–2): Zoning By–law

              Penalty shall be $50 for first offense; $100 for the second offense; and $300 for the third and each subsequent offense [Building Commissioner and Assistant Building Commissioner]

        Chapter Twenty–Three (Section 6): Animal Control Law

              Penalty by sliding scale ten dollars ($10.00) to fifty dollars ($50.00), set forth in Section 6 [Canine Controller or succeeding title]

        Chapter Twenty–Seven (Section 6): Sign Code

              Penalty three hundred dollars ($300.00) [Building Commissioner or Assistant]

        Chapter Twenty–Eight (Section 11): Wetlands Protection

              Penalty three hundred dollars ($300.00) [Conservation Commissioners and Agent]

        Section I–VIII of the Board of Health Regulations

              Penalty one hundred dollars ($100) for the first violation, two hundred dollars ($200) for the second violation, five hundred dollars ($500) for the third violation, and loss of permit to sell for fourth violation, each of which is subject to non–criminal disposition under M.G.L c. 40, s 21D. [Board of Health and Health Agent or designee]

        Provided that the penalties for violations of Chapter Fifteen, Sixteen, Seventeen and Twenty–Seven shall be:

              1st Violation              $50.00

              2nd Violation                  $100.00

              3rd Violation & subsequent   $300.00

        and each day of violation shall be considered a separate offense.

   66ATM28 TR 145: In first paragraph "twenty dollars ($20.00)" amended to "fifty dollars ($50.00)".

   94ATM25 TR 44: Subparagraphs (a) through (d) added.

   96ATM33 TR 30: First paragraph corrected by replacing "Section 8 of Chapter Twelve" and with "Section 3 of Chapter Twelve".

Section 7.   Limitation on Actions

No person shall be prosecuted or tried for any breach of the provisions of any of these by–laws unless the complaint for such breach shall be made within six (6) months from the time of committing such breach.

Section 8.   Definitions

Within these by–laws, words importing the singular number may extend and be applied to several persons or things, words importing the plural number may include the singular, and words importing a gender shall include the other gender.

Unless another meaning is defined in the body of a section or is clearly apparent from the manner in which the word is used, the following words as used in these by–laws shall have the following meanings:

a.)  Charter — The word "charter" shall mean the Dedham Home Rule Charter of 1974 and any amendments to it which have been or may hereafter be adopted.

b.)  Days — The word "days" shall refer to business days, not including Saturdays, Sundays and legal holidays when the time set is less than seven days; when the time set is seven days or more,

every day shall be counted. When the last day falls on a Saturday, Sunday or legal holiday the

period shall be extended to the end of the next day which is not a Saturday, Sunday or legal holiday.

c.)  Emergency — The word "emergency" shall mean a sudden, unexpected, unforeseen happening, occurrence, event or condition which necessitates immediate action.

d.)  General Laws — The words "General Laws" shall refer to the General Laws of Massachusetts, a codification and revision of statutes enacted on December 22, 1920, and including all amendments thereto subsequently adopted.

e.)  Local Newspaper — The words "local newspaper" shall mean a newspaper of general circulation in the town of Dedham.

f.)   Majority Vote — The words "majority vote" shall mean a majority of those present and voting, provided that a quorum of the body is present when the vote is taken, unless a higher number is required by law.

g.)  Multiple Member Body — The words "multiple member body" shall mean any town body consisting of two or more persons and whether styled board, commission, committee, sub–committee, or otherwise and however elected or appointed or otherwise constituted.

h.)  Person — The word "person" shall mean any natural person, corporation, society, association, partnership or other organization which acts as a body.

i.)   Quorum — The word "quorum", unless otherwise required by law or this charter, shall mean a majority of the members of a multiple member body then in office, not including any vacancies which might then exist.

j.)   Town — The word "town" shall mean the Town of Dedham.

k.)  Town Agency — The words "town agency" shall mean any board, commission, committee, department, division or office of the town government.

l.)   Town Bulletin Board — The words "town bulletin board" shall mean the bulletin board in the town hall and in the libraries on which official town notices are posted and those at other locations within the town which may from time to time be designated as town bulletin boards by by–law, or by vote of the board of selectmen.

m.) Town Officer — The words "town officer" when used without further qualification or description, shall mean a person having charge of an office or department of the town who in the exercise of the powers or duties of that position exercises some portion of the sovereign power of the town.

n.)  Voters — The word "voters" shall mean registered voters of the town of Dedham.

   97ATM43 TR 41: Section 8 adopted.

Chapter One ‑‑ Other amendments proposed but not adopted:

   97ATM46 TR 43: Proposed amendment to section 6 to remove constables as enforcement officers for by-laws indefinitely postponed.

CHAPTER TWO

(Adopted Nov. 16, 1959 59STM1)

(Reenacted April 8, 1996 96ATM33)

TOWN MEETINGS

Section 1.   Annual Town Meeting Date Set

The Annual Town Meeting for the election of Town Officers shall be held on the third Saturday of March in each year commencing in nineteen hundred and seventy–six except in a presidential primary year when the Town Election shall be held on a date to be announced by the Selectmen. Said announcement shall be made not later than December 31st of the year preceding the year in which such presidential primary elections are to be held.

   74STM6 TR 114: "Commencing in 1976" inserted at the beginning of Section 1, and "last Saturday of February" amended to "third Saturday of March".

   75ATM33 TR 124:         "Commencing in 1976" deleted from the beginning and added at the end of Section 1.

   11/9/87STM3 TR 78: Addition to first sentence ". . . except . . . held." Second sentence added.

Section 2.   Annual Town Meeting Business Session Date Set

All business of the Annual Town Meeting, except the election of such officers and the determination of such matters as are required by law to be elected or determined by ballot, shall be considered at an adjournment of such meeting, referred to in these by–laws as the business session of the Annual Town Meeting, which shall be held on the second Monday of April in each year except in a presidential primary year when the Annual Town Meeting shall be held on a date to be announced by the Selectmen. Said announcement shall be made not later than December 31st of the year preceding the year in which such presidential primary elections are to be held.

In the event that the day for holding the Annual Town Meeting or any adjourned session of the Town Meeting shall fall during the spring school vacation schedule as established by the Dedham School Committee, then such meeting or session shall be postponed until the week next following the conclusion of such vacation week.

   61STM8 TR 155: "second Saturday of March at one‑thirty o'clock P.M." amended to "second Monday of March at 7:30 o'clock P.M."

   74STM6 TR 114: "on the second Monday of March at 7:30 o'clock P.M." amended to "at 7:30 P.M. on the second Monday of May in each year". The Attorney General approved this amendment with the exception: "an adjournment of such meeting, referred to in these by‑laws as" was deleted.

   76ATM7 TR 131: Added "an adjournment of such meeting, referred to in these by‑laws as"; "at 7:30 P.M. on the second Monday of May in each year" amended to "on the second Monday of April in each year".

   78ATM74 TR 82: Added second paragraph of Section 2.

   11/9/87STM3 TR 78: Addition to first sentence of first paragraph ". . . except . . . held." Second sentence of first paragraph added.

Section 3.   Hours for Polls Set

The polls shall be opened at seven o'clock A.M. and shall remain open until eight o'clock P.M., except as otherwise provided in the warrant for such meeting.

Section 3A.   Inclusion of Articles on Town Meeting Warrants

Whenever a special town meeting is to be called the Board of Selectmen shall give notice of such intention by such means as it shall establish by vote or by rule and shall consider for inclusion on the warrant for such special town meeting the subject matter of all petitions which are received at its office on or before the close of regular office hours on the second business day following such publication; provided, however, that whenever a special town meeting is called by petition in accordance with the General Laws the warrant therefor shall include all subjects the insertion of which shall be requested by said petition; provided, further, that the warrant for any special town meeting shall include all subjects the insertion of which shall be requested in writing by one hundred (100) registered voters.

   96ATM61 TR 54: Section adopted.

   97ATM53 TR 45: Sentence added to require the inclusion of all received articles on annual warrant. By letter of August 4, 1997, the Attorney General disapproved the amendment as contrary to General Law c. 39 s. 10.

Section 4.   Notice of Town Meetings to be Posted and Published

The warrant for all Town Meetings shall be directed to any appointed constable of the Town, and notice of every Town Meeting shall be given by posting attested copies of the warrant therefor in one or more public places in each district in the Town not less than fourteen (14) days before the day fixed for such meeting, and by publishing the same at least once in a newspaper having a general circulation in the Town, the last publication to be not less than fourteen (14) days before the day fixed for such meeting.

   75ATM33 TR 124: (a) "elected constable" amended to "appointed Constable"

                                  (b) "precinct" amended to "district"

                                  (c) "seven (7) days" amended to "fourteen (14) days".

                                  (d) "seven (7) days" amended to "fourteen (14) days".

Section 5.    Report of Finance Committee to be Distributed, to Include Collective Bargaining Agreements

At least fourteen (14) days before the day fixed in the warrant for the business session of the Annual Town Meeting or the day fixed in the warrant for any Special Town Meeting, the Finance Committee shall cause to be sent by mail to every Town Meeting representative at his or her place of residence, a copy of the report of the Committee on articles to be acted upon at the business session of an Annual Town Meeting or at such Special Town Meeting, and shall make other printed copies of the report available to the residents of the Town in the Town Hall, in the libraries, at all Town Meetings or by mail if so requested. The report of the Committee shall include such information relating to collective bargaining for Town employees as the Committee deems advisable and shall include copies in full of all collective bargaining agreements whose implementation depends upon or involves any action by the Town Meeting, whether by appropriation, amendment of the Personnel Wage and Salary Plan By–Law or any Schedule therefor or otherwise.

   72ATM8 TR 77: Second sentence added.

   75ATM30 TR 12: "seven (7) days" amended to "fourteen (14) days".

   81STM10 TR 66: First sentence rewritten to eliminate requirement of mailing to each occupied dwelling house.

Section 6.    Notice of Town Meetings to be Mailed to Representatives; Notice of Special Town Meeting to be Given to Finance Committee

In addition to posting and publishing as hereinabove provided, notice of the time and place fixed in the warrant for the business session of every Annual Town Meeting and of the time and place fixed in the warrant for every Special Town Meeting shall be sent by the Town Clerk to every Town Representative by mail at least fourteen (14) days before the day fixed for such meeting. Written notice of Special Town Meetings shall be given by the Selectmen to the Chairman of the Finance Committee immediately upon drawing the warrant therefor.

   75ATM33 TR 124: "seven (7)" amended to "fourteen (14)"; "Town Meeting Member" amended to "Town Representative".

Section 7.   Notice of Adjournment to be Posted

As soon as practicable after the adjournment of any Town Meeting on a vote to adjourn to another day, the Town Clerk shall cause a brief statement of the day and hour to which the adjournment was voted to be posted in the Town Office building and in one or more public places in each district in the Town.

   75ATM33 TR 124:         "precinct" amended to "district".

Section 8.   Town Clerk to Keep Verbatim Record of Town Meeting

The Town Clerk shall arrange for the creation of a permanent, verbatim record of the proceedings of each Town Meeting, in such form as he or she may deem appropriate.

   81STM11 TR 66: Requirement for tape recording substituted for stenographer.

   83STM1 TR 79: Section 8 amended by deleting requirement for tape recording and requiring Town Clerk to provide a permanent verbatim record.

Section 9.   Town Meeting Quorum

One Hundred and Seventy (170) Representatives shall constitute a quorum for the transaction of business at any town meeting, provided, however, that a lesser number may organize temporarily and may from time to time adjourn the same. This section shall not apply to such parts of meetings as are devoted exclusively to the election of Town Officers or the determination of such matters as are required by law to be determined by ballot.

   75ATM33 TR 124: "A majority of the Town Meeting Members" amended to "One Hundred Seventy (170) of the Town Representatives".

 03ATM45  TR 29: Amendment proposed, but not passed, to reduce quorum.

Section 10.   Articles to be Taken Up in Order

Articles of the warrant shall be acted upon in the order in which they appear unless otherwise determined by vote of the meeting.

Section 11.  Recommendation of Finance Committee to be Original Motion; Amendments to be in Writing; Procedure for Omnibus Adoption Defined

The recommendation on any article of the warrant made by the Finance Committee will have the standing of the original motion on the article. Substitute motions for and motions to amend any recommendation in the Finance Committee's report shall be in writing unless otherwise directed by the Moderator. The Moderator may require any other motion to be reduced to writing. At any Town Meeting the Moderator may, and at any Annual Town Meeting shall, read the numbers of the articles, and under any budget article the number of each item, requiring any Town Representative who wishes to discuss, amend or offer a substitute motion on any article or item to ask when the number is read that the article or item be passed, and the Moderator upon passage of an enabling vote adopting the Finance Committee's recommendation on all of the articles and items not so reserved and not reserved by the Moderator, shall declare such articles and items to have been adopted. The Moderator shall reserve all articles and items on which a vote of more than a simple majority of the members present and voting is required by statute.

   75ATM33 TR 124:         "Town Meeting Member" amended to "Town Representative".

Section 12.   Motions May Be Divided

If ten (10) Town Representatives so request, any motion which is divisible shall be divided and the question shall be put separately upon each part thereof.

   75ATM33 TR 124:         "Town Meeting Member" amended to "Town Representative".

Section 13.   Precedence of Motions

When a question is before the meeting, the following motions namely: to adjourn to another time or place or both; to lay on the table; to limit debate; for the previous question; to postpone to a time certain; to commit, re–commit or refer; to amend; to postpone indefinitely; shall be received and shall have precedence in the foregoing order; and the first four (4) shall be decided without debate.

   96ATM33 TR 30: Amended by changing "time and/or place" to "time or place or both".

Section 14.   Higher Money Amounts to be Voted First

On proposed amendments involving sums of money, the larger or largest amount shall be put to the question first, and an affirmative vote thereon shall be a negative vote on a smaller amount.

Section 15.   Spokesperson to Disclose Agency

Any person who is employed as an attorney by another interested in any matter under discussion at a Town Meeting shall disclose the fact of his employment before speaking thereon.

Section 16.   Voting to be by Voice; Standing Count if Voice Vote Doubted

When a question is put, the sense of the meeting shall be determined by the voices of the Town Representatives present at the Meeting, and the Moderator shall declare the vote as it appears to him. If the Moderator is unable to decide the vote by the sound of the voices or if his decision is immediately questioned by seven (7) or more Town Representatives rising in their places for the purpose, the Moderator shall then request all persons in the house to be seated and the question shall be distinctly stated, and those voting in the affirmative and negative respectively shall rise and stand in their places until they are counted by the Moderator or Tellers.

   75ATM33 TR 124: "Town Meeting Members" amended to "Town Representatives" in two places.

   78ATM15 TR 68: "or by a show of hands" deleted in two places.

Section 17.   Roll Call May Be Requested

If fifteen (15) or more Town Representatives request a roll call vote on any question, a vote on such question shall be taken by a roll call of all Town Representatives present at the meeting.

   75ATM33 TR 124: "thirty (30)" amended to "fifteen (15)" and "Town Meeting Members" amended to "Town Representatives".

Section 18.   Speaking More Than Once May Be Regulated

Upon any article or item the body on motion or the Moderator may direct that no person shall speak more than once on any question to the exclusion of any other person who may desire to speak thereon.

Section 19.   Duration of Speaking May Be Limited

Upon any article or item the body on motion or the Moderator may direct that no person shall speak for more than ten (10) minutes on any question, unless his time shall be extended by a vote of the body.

Section 20.   Motion to Terminate or Limit Debate to Require Two–Thirds Vote

Except as provided in Sections 18 and 19 a motion for the previous question or any other motion to terminate or limit debate shall require a vote of at least two–thirds (2/3) of the Town Representatives present and voting for adoption.

   75ATM33 TR 124: "Town Meeting Members" amended to "Town Representatives".

Section 21.   Voters and Taxpayers Have Right to Speak

Any registered voter or taxpayer of the Town who is not a Town Representative shall be entitled to speak at any Town Meeting subject to the same terms as are applicable to Town Representatives, but a registered voter or taxpayer who is not a Town Representative shall not be recognized when any Town Representative seeks to be recognized except by leave of the body granted upon the request of a Town Representative. A person who is not a registered voter or taxpayer of the Town may be permitted to speak by leave of the body granted upon the request of a Town Representative.

   75ATM33 TR 124: "or taxpayer" inserted after the word "voter" three times; "Town Meeting Member" amended to "Town Representative" six times.

Section 22.   Reconsideration of Vote Limited

No vote of the meeting shall be reconsidered unless so decided (a) on a motion made within one (1) hour after passage of the vote to which such motion relates, by vote of at least a majority of the Town Representatives present and voting; or (b) on a motion made more than one (1) hour after passage of the vote to which such motion relates, by vote of at least two–thirds (2/3) of the Town Representatives present and voting. When a motion for reconsideration is decided, that decision shall not be reconsidered, and no question shall be reconsidered more than once, unless such reconsideration is voted by at least three–fourths (3/4) of the Town Representatives present and voting; nor shall any vote be reconsidered on a motion to adjourn, to lay on the table or for the previous question.

Section 23.   Reconsideration of Vote at Adjourned Meeting

No motion for reconsideration shall be in order at an adjourned meeting on a matter decided at the previous session of the same meeting except by a vote of two–thirds (2/3) of the Town Representatives present and voting.

Section 24.   Committee Reports

All committees shall report as directed by the Town. If no report is made to the meeting at which the committee was directed to report, the committee shall be discharged, unless the Town grants an extension of time.

Section 25.   Town Meeting Not to be Dissolved Until All Articles Acted Upon

No motion, the effect of which would be to dissolve the meeting, shall be in order until every article in the warrant therefor 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 26.   Certain Appropriations to be Considered and Recommended

Any grant or appropriation of a sum of money exceeding Five Hundred Dollars ($500.00) shall be considered and estimates therefor reported to the Town Meeting either by the Finance Committee, the Town Administrator, the School Committee, or other Town Officers or by some committee specially appointed for the purpose pursuant to a vote of the Town.

   96ATM50 TR 48: Town Administrator substituted for Board of Selectmen.

Section 27.   Town Meeting to Open With Salute to Flag

All Town Meetings shall be opened with a salute to the flag of the United States of America.

   66ATM61 TR 153:         Section 27 adopted.

   96ATM33 TR 30: Corrected by changing "That all Town Meetings" to "All Town Meetings shall".

Section 28.   Collective Bargaining Agreements to be Included in Report of Finance Committee

The Town Meeting shall not vote upon any action to implement a collective bargaining agreement which has not been included in the report of the Finance Committee in accordance with the requirements of Section 5 of this Chapter, unless at least fourteen (14) days prior to the vote all Town Meeting Members have been otherwise furnished a copy of the agreement and of the recommendation of the Finance Committee or of any town officer, board, department or committee responsible therefor as to action by the Town Meeting. This provision may be waived in any instance by a vote of at least two–thirds (2/3) of the Town Meeting Members present and voting.

   75ATM33 TR 118:          "seven (7)" amended to "fourteen (14)".

Section 29.   (Section moved and renumbered to section eleven of Chapter Three.)

Section 30.   Text of Acts for Acceptance to be Included in Report of Finance Committee

The Town Meeting shall not vote to accept a section of an act of the General Court or a section of the General Laws the full text of which has not been included in the report of the Finance Committee, unless at least fourteen (14) days prior to the vote all Town Representatives shall have been otherwise furnished a copy of the act or section and of the recommendation of each standing committee to which the proposal has been referred as to action by the Town Meeting. This provision may be waived in any instance by a vote of at least two–thirds (2/3) of the Town Representatives present and voting.

   95ATM56 TR 71: Section 30 adopted.

Section 31.   Committee on By–Laws Established; Duties Set

There shall be a standing committee on by–laws, appointed by the Moderator. The committee shall consist of no fewer than five (5) voters of the town, one of whom shall be an attorney and another of whom shall be a district chair; provided, however, that a majority of the committee shall be town representatives. The term of each member shall end upon the dissolution of the third Annual Town Meeting after appointment, except for an appointment to fill a vacancy for an unexpired term; provided, however, that initially members shall serve staggered terms so as to cause as close to an equal number of expirations each year as possible; provided, further, that each member shall serve until a qualified successor is appointed. A member may be reappointed to successive terms. The committee shall choose its own officers and shall serve without pay.

In accordance with section 2–10 (c) of the Dedham Home Rule Charter, all articles amending the by–laws of the town, except those which relate to the Personnel, Wage and Salary Administration Plan, the compensation and benefits for employees, planning, zoning, subdivision control and any other matters relating to land use, shall before enactment be referred by the Board of Selectmen to the committee on by–laws for its report and recommendation.

The committee may, with the concurrence of the Board of Selectmen, also serve as the by–law review committee for purposes of section 6–9 of the Charter.

   97ATM40 TR 39: Section 31 adopted.

Section 32.   Two–Thirds Vote

When a two–thirds vote of town meeting is required by statute, the Moderator shall make a public declaration of the vote and a count need not be taken. If a vote, so declared, is immediately questioned by seven (7) or more town meeting representatives, the Moderator shall certify it by calling for a standing vote.

   99ATM28 TR __: Section 32 adopted.

Chapter Two ‑‑ Other amendments proposed but not adopted:

   60ATM53 TR 163:         Proposed secret ballot at Town Meetings. Indefinitely postponed.

   1960TR 243:        Presidential Election 11/8/60, Question 2, proposed adoption of Act of General Court concerning voting methods for Town Meeting defeated. (Yes 3853, No 6804).

   75ATM4 TR 138: Proposed amendment to hold election of town officers on the second Saturday of March each year. Indefinitely postponed.

   93ATM31 TR 49: Proposal to change annual town elections to second Saturday in April and the first business session of town meeting to second Monday of May, indefinitely postponed.

   95ATM57 TR 72: Proposed new section 3A to regulate the closing of the warrant for town meetings not approved by the Attorney General.

     97ATM89 TR 67: Proposal to change annual town elections to an unspecified date in April indefinitely postponed.

CHAPTER THREE

(Adopted Nov. 16, 1959 59STM1)

(Reenacted April 8, 1996 96ATM33)

BUDGET PREPARATION

   96ATM33 TR 30: Chapter title changed from "Finance Committee" to "Budget Preparation".

Section 1.   Finance Committee to be Appointed

There shall be a Finance Committee, appointed by the Moderator as hereinafter provided, which shall consist of one (1) legal voter from each district in the Town and two (2) from the Town at large where there is an odd number of Districts, and three (3) from the Town at large when there is an even number of Districts. No more than two (2) members shall be appointed from any one district. No elective or appointive town officer or town employee shall be eligible to serve on said Committee.

   75STM33 TR 124:          "precinct" amended to "district" four times.

Section 2.   Term of Finance Committee Members

The terms of the members of the Finance Committee shall be for three years, the term of each member expiring at the dissolution of the third Annual Town Meeting after his appointment except a member appointed to fill a vacancy for an unexpired term. As soon as practicable after each Annual Town Meeting the Moderator shall appoint members to succeed the members whose terms have expired. A member may be appointed to succeed himself. Said committee shall choose its own officers and shall serve without pay.

Section 3.   Finance Committee to Keep Records

The Finance Committee shall cause to be kept a true record of its proceedings. Said committee shall appoint a secretary who shall not be a member thereof nor have a vote therein.

Section 4.   Finance Committee Vacancies

Any member of the Finance Committee, other than a member appointed at large, who removes from one district to another, or is so removed by a revision of districts, shall thereupon cease to be a member of said committee. The Moderator shall fill any vacancy which may occur in the membership of said committee, as a result of the death, resignation, removal from the town, removal from a district, or any other cause, and shall send an attested copy of such appointment to the Town Clerk and to the secretary of said Committee. If any member is absent from five (5) consecutive meetings of said committee, except in the case of illness, the Chairman of the Committee shall give notice thereof to the Town Clerk, and upon the giving of such notice the position shall become vacant, and the Moderator shall appoint another member to complete the unexpired term.

   75ATM33 TR 124:         "precinct" amended to "district" three times.

Section 5.    Town Meeting Articles to be Referred To Finance Committee for Hearing and Report

All articles which are to be considered at the business session of an Annual Town Meeting or at any Special Town Meeting shall be referred to the Finance Committee for its consideration. The Selectmen, after drawing any such warrant, shall transmit immediately a copy thereof to each member of said committee. A public hearing shall be held at least one month before the business session of an Annual Town Meeting and two weeks before a Special Town Meeting upon all articles to be considered at such meeting, except budget articles and articles upon which a public hearing by some other tribunal is required by law, and notice of such hearing shall be given by posting in one or more public places in each district and by publishing the same at least once in a newspaper having a general circulation in the Town. Said committee shall, after due consideration of the subject matter of such articles, report thereon in writing as provided in Chapter Two, Section 5, such recommendations as it deems best for the interests of the Town and its citizens.

   75ATM33 TR 124:         "precinct" amended to "district".

Section 6.   Finance Committee to Make Recommendation on Appropriations

It shall be the duty of the Finance Committee annually to consider the expenditures in previous years and the estimated requirements for the ensuing year of the several boards, officers and committees prescribed by said committee. The said committee shall add to such statement of expenditures and estimates another column, giving the amounts which in its opinion shall be appropriated for the ensuing year, and shall further add thereto such explanations and suggestions relating to the proposed appropriations as it may deem expedient, and shall report thereon as provided in Section 5 above.

Section 7.   Finance Committee to Have Access to Records

Said committee shall have free access to all books of record and accounts, bills and vouchers on which money has been or may be paid from the Town Treasury. Officers, boards and committees of the Town shall upon request furnish said committee with facts, figures and any other information pertaining to their several activities.

Section 8.   Capital Expenditures Committee to File Report

It shall be the duty of the Capital Expenditure Committee to make an annual report which shall be filed with the Finance Committee to be included in its report.

   60ATM25 TR 157:         Section 8 was amended by deletion and insertion of new Chapter Four, Section 17.

   61ATM18 TR 110:          Chapter Three was further amended by insertion of new Section 8 as now existing.

Section 9.   Capital Expenditures Committee

a.)    There shall be a Capital Expenditures Committee which shall perform the duties set forth in this section and be governed by the provisions thereof and shall advise and make recommendations to the Finance Committee on all matters relating to expenditures for capital improvements in the Town. Said committee shall consist at all times of five legal voters of the Town and shall be appointed as provided in this section. Except as hereinafter specifically provided, no person, other than a Town Representative, holding an elective or appointive office in the Town nor any permanent member of a Town Department shall serve on such committee. The members of the committee shall serve without compensation and may employ clerical or other assistance subject to available appropriation. The Committee shall choose its own officers.

b.)   The Moderator shall appoint three of the original members of said committee, who shall serve terms of one, two and three years respectively, as the Moderator shall designate; and annually thereafter, immediately following the dissolution of the business session of the Annual Town Meeting, the Moderator shall appoint one new member to said committee who shall succeed the member appointed by him whose term then shall have expired and who shall serve for a term of three (3) years.

c.)    One member of said committee shall be appointed annually by the Chairman of the Finance Committee and such member may but need not be a member of the Finance Committee; and one member shall be appointed annually by the Chairman of the Planning Board and such member may but need not be a member of the Planning Board. Members so appointed shall serve terms of one year from the time of the Annual Town Meeting at which they are appointed.

d.)   Whenever any vacancy shall occur in the office of the committee, whether by reason of death, resignation, removal from the Town, appointment or election to Town office or other cause, such vacancy shall be filled by the appointing authority which appointed the member whose position shall have become vacant. A copy of such appointment shall be sent by the appointing authority to the Town Clerk and to the Secretary of the Committee. Any person so appointed to fill that vacancy shall hold office for the unexpired term of the person whom he succeeds.

e.)    For the purposes of this section, a capital improvement is defined as a physical betterment, including but not limited to the construction of new buildings or facilities and the alteration of buildings or facilities now or hereafter existing, the purchase of land, or items of equipment, provided that any such physical betterment having a cost of less than ten thousand dollars ($10,000.00) and which in the judgment of the committee is not of an unusual or non–recurring nature shall not be considered a capital improvement. It shall be the duty of the committee to ascertain annually what expenditures for capital improvements, as herein defined, will be required by the Town during the ensuring five years, and in making its determination shall confer with the Finance Committee and the Town Comptroller, any Town boards, commissions, committees, officers, employees, and other agencies and departments of the Town involved in making expenditures for capital improvements in the Town, all of which shall co–operate with the committee; and all such agencies and departments or other authorities of the Town authorized by law to make such expenditures shall furnish to the committee on the second Friday in September in each year detailed estimates of the expenditures necessary for capital improvements under their jurisdiction for the ensuing five years. The committee shall prepare annually a recommendation of expenditures for capital improvements, including recommendations for the scheduling of such expenditures to the Town Administrator by the first Friday in January. In conjunction with the submission of the annual budget message, the Town Administrator shall propose a financing plan for such capital improvements and the probable impact of such improvements on the tax rate of the Town and shall furnish such report and recommendations to the Finance Committee;

   60ATM25 TR 157:         Section adopted as Section 17 of Chapter Four.

   68ATM59 TR 145:         Original Section 17A deleted. New Section 17a adopted.

   73ATM10 TR 118:          "September 1" amended to "June 1" in Paragraph (e).

   75ATM33 TR 124:         Paragraph (a) "Town Meeting Member" amended to "Town Representative".

   96ATM33 TR 30: Section moved from section 17 of Chapter Four and renumbered section 9.

   99ATM25 TR __: Paragraph (e) rewritten to reduce the jurisdictional amount from $20,000  to $10,000, to reduce the plan period from six years to five years, and to change reporting date from October to September.

Section 10.   Departments to Submit Budgets to Comptroller

All officers, boards, departments and committees of the Town authorized to expend money shall annually prepare a detailed statement of the amounts estimated to be necessary for the proper maintenance of the respective departments, boards or committees for the ensuing year, including estimates of the salaries for officers of the respective boards or departments, with the same purpose during the preceding year; estimates of the amounts necessary for capital outlays for permanent improvements; estimates of the income to be received in connection with the Town business or property entrusted to their respective appropriations of which they have the expenditure and which remain unpaid, showing the amount thereof, to whom due and for what due. Such statements shall be submitted to the Town Comptroller for the Finance Committee in accordance with a schedule annually determined by the Town Administrator but in no event later than ninety days prior to the start of the annual town meeting.

   96ATM33 TR 30: Section moved from section 4 of Chapter Seven and renumbered section 10.

   97ATM31 TR 36: Second sentence rewritten to change budget submission dates from September 15 (December 1 for school department) to not less than 90 days prior to town meeting.

Section 11.   Parks and Playgrounds Construction Plans to be Submitted

The Parks and Recreation Department shall provide plans of parks or playgrounds proposed for construction or reconstruction in conjunction with any request for funding to the Finance Committee and said plans shall indicate property lines as well as any proposed removal or addition of trees and other physical barriers (i.e. walls, retaining walls, guard rails, etc.).

   80ATM45 TR 91: Section 11 adopted as Section 29 of Chapter Two.

   96ATM33 TR 30: Section moved from section 29 of Chapter Two and renumbered section 11. Corrected by striking out "That it shall be required" at the beginning of the first sentence and inserting after "Department" the word "shall". Corrected by striking out the word "that" before "said plans". Changed "parks and/or playgrounds" to "parks or playgrounds" and "removal and/or addition" to "removal or addition".

Section 12.   Budget Submission Dates

For the purpose of sections 5A–2 (b) and 5A–3 of the Dedham Home Rule Charter, the town administrator shall submit a proposed town operating budget to the finance committee not less than seventy–five (75) days prior to the date on which the town meeting is to convene in its initial business session of the annual town meeting, and the school committee shall submit its proposed operating budget to the town administrator at least ninety (90) days prior to the date on which the town meeting is to convene in its initial business session of the annual town meeting.

   96ATM62 TR 54: Section adopted. By vote of Town Meeting this section supersedes Section 8 (g) of Chapter 177 of the Acts of 1994 (the transitional bylaws accompanying the revisions to the Dedham Home Rule Charter of 1994).

   97ATM31 TR 36: Section rewritten to change dates from 60 and 75 days prior to town meeting to 75 and 90 days prior.

Chapter Three ‑‑ Other amendments proposed but not adopted:

   60ATM42 TR 162: Proposed deletion of sections 1 ‑ 4 and substituting new sections 1 ‑ 4. Indefinitely postponed.

   61ATM51 TR 117: Proposed deletion of sections 1 ‑ 4 and substituting a new Section 1. Indefinitely postponed.

   77ATM7 TR 113: Proposed amendment to Section 5 to defer articles that have been adversely acted upon at a Town Meeting for twelve months. Indefinitely postponed.

     77ATM9 TR 133: Proposed addition of a new Section 8. Referred to a committee to be appointed by the Moderator

CHAPTER FOUR

(Adopted Nov. 16, 1959 59STM1)

(Reenacted April 8, 1996 96ATM33)

FINANCIAL AFFAIRS

Section 1.   Audit to be Made Annually

The board of selectmen shall annually provide for an audit of all financial books and records of each department of the town, or whenever the selectmen deem an audit of the whole town or of any particular town agency to be necessary, under the supervision of the state division of accounts, as provided in section 35 of chapter 44 of the General Laws. The audit shall be conducted by a certified public accountant, or firm of such accountants, having no interest, direct or indirect, in the affairs of the town. The annual audit shall be completed within six (6) months after the end of the subject fiscal year.

Immediately following the dissolution of the annual town meeting, the board of selectmen shall select the accountant or firm of accountants to conduct the annual town audit; provided, however, that the board of selectmen may contract with such accountant or firm for up to three (3) consecutive years of auditing services; provided, further, that no person or firm may be selected to perform such audit for more than six (6) years in succession nor for more than six (6) years out of every nine (9).

   95ATM53 TR 71: Section replaced to extend audit to each department, to allow an audit whenever necessary, to specify that the audit be done by independent CPA and to mandate completion within six months after end of year.

   96ATM63 TR 55: Section replaced to add second paragraph.

Section 2.    Warrants for Payment to be Signed by Comptroller, Administrator and Selectmen

No monies shall be paid from the Town Treasury except in payment of taxes due the County and the Commonwealth and of notes and interest due thereon without a warrant on the Town Treasurer to pay the same, signed by the Town Comptroller and the Town Administrator and countersigned by at least a majority of the Board of Selectmen.

   96ATM51 TR 48: Town Administrator added as signatory.

Section 3.   Bills to be Approved for Expenditure and Submitted to Comptroller

All officers, boards, departments and committees authorized to expend Town money shall, on or before the fifteenth (15th) day of each month, approve and transmit to the Town Comptroller all correctly presented bills, demands, drafts, orders and accounts chargeable to the respective appropriations of which they have the expenditure. Each bill, demand, draft, order or account so approved shall be consecutively numbered and approval shall consist of such number, the date and the signatures of at least two (2) members (or three (3) members where three (3) or more would constitute a majority) of the board, department or committee, or, in the case of a department having but one (1) head or directing officer, the signature of such department head or officer. Each board, department and committee shall have a separate designation and series of numbers.

Section 4.   Comptroller to Issue Warrants for Payments

The Town Comptroller shall, on or before the twenty–fifth (25th) day of each month, draw and issue a warrant on the Town Treasurer for the payment of each bill, draft, demand, order or account which the Comptroller finds to be approved as hereinbefore provided. Each such warrant shall bear the number, date and amount of the bill, demand, draft, order or account presented for payment; the name of the creditor to whom such amount is due; the board, department or committee to whose appropriation such amount is chargeable; and shall be signed by the Town Comptroller and the Town Administrator and countersigned by at least a majority of the Board of Selectmen.

   96ATM52 TR 48: Town Administrator added as signatory.

Section 5.   Treasurer to Honor All Proper Warrants

The Town Treasurer shall, on or before the fifth (5th) day of each month, honor all warrants presented to him which have been correctly issued during the month next preceding as hereinabove provided.

Section 6.   Town Payroll May Be Paid Weekly

Notwithstanding the provisions of Sections 3, 4 and 5 above, payrolls of Town Employees may be prepared, approved and transmitted to the Town Comptroller as often as once each week, and when so approved, the Town Comptroller may draw and issue warrants for the payment thereof and payments may be made by the Town Treasurer.

Section 7.   Petty Cash Accounts Authorized

At the first of any financial year, each department may draw on the Town Treasury for a sum not in excess of Fifty Dollars ($50.00) for use as an emergency fund and petty cash payments. Whenever any part of this fund is expended, a requisition with voucher numbered and attached shall be at once made on the Town Comptroller for an amount equal to the sum expended which when collected by the department making the requisition, shall be placed with such fund so that at all times the amount drawn for said fund will be equal in cash or warrants to the amount originally drawn for said fund.

Section 8.   All Payments to be By Check

No money shall be paid from the Town Treasury except by a check made payable to the creditor or order. The number of each warrant issued by the Town Comptroller shall be endorsed on the margin of the check issued in payment thereof.

Section 9.    All Purchases to be By Purchase Order; Comptroller to Give Notice of Liabilities in Excess of Appropriation

No officer, board, department or committee having the disbursement of an appropriation shall make purchases of supplies or materials or contract for services to be rendered the Town without issuing a written purchase order therefor or prescribed form; provided, however, that the provisions of this section shall not apply to the salaries or wages of officers and persons regularly or temporarily employed by the Town. One copy of every purchase order, which shall contain the amount of the expenditure, shall be sent to the Town Comptroller on the day the purchase order is delivered to the vendor. Whenever any appropriation shall have been expended or whenever, in the judgment of the Town Comptroller, it appears that the liabilities incurred against any appropriations may be in excess of the unexpended balance of said appropriation, the Comptroller shall immediately give notice to the Town Administrator and to the board, committee, head of department, or official authorized to make expenditures from said appropriation, and no claim against such appropriation shall be allowed nor any further liability be incurred until the Town makes provision for the payment of same.

   96ATM53 TR 48: Town Administrator substituted for Board of Selectmen on Comptroller’s notice.

Section 10.   Comptroller to Distribute Statement of Expenditures and Balances

The Town Comptroller shall at regular intervals and at least as often as once each month send to the Town Administrator and to each officer, board, department and committee having the disbursement of an appropriation, a statement of the amount of orders approved and warrants drawn on behalf of said officer, board, department or committee during the preceding month together with a statement of the unexpended balance of each such appropriation.

   96ATM54 TR 49: Town Administrator substituted for Board of Selectmen on distribution.

Section 11.  Expenditures to be Made for Appropriated Purpose Only; Unexpended Balances to be Transferred to Excess and Deficiency Account

No money appropriated for a general or special purpose shall be applied to any other use unless by a vote of the Town, and all unexpended balances of annual appropriations in the Treasury on June thirtieth (30th) of each fiscal year shall be transferred to an account designated the Excess and Deficiency Account. All unexpended balances of special appropriations shall be transferred only by vote of the Town.

   74ATM40 TR 156:         "December thirty‑first (31st) amended to "June thirtieth (30th)".

   79ATM21 TR 107:         Added "fiscal".

Section 12.   Collector to Collect All Accounts Due Town

The Collector of Taxes shall collect, under the title of Town Collector, all accounts due the Town except interest and dividends on investments of trust funds, and the Town Collector shall in the collection of such accounts, have the same powers of collection as those granted by law to the Collector of Taxes. The Collector of Taxes shall be authorized to use all means of collecting taxes which a Town Treasurer may use when appointed a collector of taxes.

Section 12A.   Collector to Assess Interest on Overdue Accounts

The Town Collector shall, in the collection of his accounts, assess interest and other charges and fees permitted by Section 15 of Chapter 60 of the General Laws on overdue accounts for services rendered and licenses or permits issued by the Town.

   78ATM71 TR 79: Adopted section 12A.

Section 13.   All Accounts Due to be Committed to Collector

All accounts coming due the Town shall forthwith be committed by the several officers, boards, departments and committees of the Town to the Town Collector, together with all available information in relation thereto.

Section 14.   Collector to Recommend Suits for Collection of Accounts Due

If it shall seem advisable to the Town Collector that suit should be instituted on behalf of the Town for the establishment or collection of any account due the Town, he shall so notify the Selectmen, and he shall report to them from time to time, as they may direct, upon all uncollected accounts in his hands. The Selectmen shall take such action with respect to all such accounts as they may deem expedient and consistent with the interests of the Town.

Section 15.   Collector to Pay Over to Treasurer Weekly; Departments to Pay Over Monthly

The Town Collector shall, at least once in each week, pay over to the Town Treasurer all money received by the Collector on every such account, including any sums received as interest on money received by the Collector on such accounts in any bank. Every other officer of the Town shall pay into the Treasury of the Town all amounts received on behalf of the Town, except as otherwise provided by law, and shall make a true return thereof to the Town Comptroller stating the accounts upon which such amounts were received. In no event shall such money be withheld beyond the fifth (5th) day of the month next following its receipt. The Town Treasurer shall furnish such officer with a receipt for such amount so paid into the Treasury and shall forward a duplicate thereof to the Town Administrator.

Notwithstanding any prior provision of this section, Collection Fees, as described in M.G.L. Chapter 60, section 15, subsections 10 and 11, shall be paid directly to the Deputy Tax Collector or other collecting officer.

   2/7/94STM3 TR 8: Added second paragraph.

   96ATM55 TR 49: In paragraph one, Town Administrator substituted for Board of Selectmen on distribution.

Section 16.   Treasurer to Have Custody of Documents of Ownership

Except as otherwise provided by law, the Town Treasurer shall have custody of all deeds, bonds, insurance policies, securities, evidences of indebtedness and other similar documents owned by the Town, except that bonds given to the Town by the Town Treasurer, the Collector of Taxes, and the Town Clerk shall be in the custody of the Selectmen. The Town Comptroller shall have custody of contracts of the Town where provided by law.

Section 17.   (Section moved and renumbered to section nine of Chapter Three.)

Section 18.   Fees to be Charged for Use of Town Property and Other Services

a.)    All Department Heads, Commissions, Committees and Boards that wish to institute new fees and charges for use of Town property and services or that wish to increase existing fees and charges for use of Town property and services in excess of two dollars ($2.00) shall follow the procedure described below, provided that this procedure is not in contradiction with any existing By–Laws or State Statutes requiring different procedures or granting other such powers, in which case the provisions of the existing By–Laws or State Statutes shall prevail.

b.)   Any Department Head, Commission, Committee or Board proposing to establish new fees and charges for use of Town property and services or proposing to increase existing fees and charges for use of Town property and services in excess of two dollars ($2.00) shall present such proposal, including the amount of the proposed fees or charges, to Town Meeting which shall vote whether or not to authorize that a fee or charge shall be instituted or that an existing fee or charge shall be increased for such use of Town property or service.

c.)    After a fee schedule, user fee, or other charge has been established in accordance with the above procedure or in accordance with the requirement of any existing By–Laws or State Statutes, no service shall be performed, no permit or application approved, and no use of Town property covered by such schedule shall be permitted or granted until the established fee or charge has been paid to the Town.

   81STM5 TR 65:   Section 18 adopted.

Section 19.   Contributory Retirement System Payments to be Made Monthly

Payments due the Contributory Retirement System for pensions and administration shall be paid one–twelfth (1/12) on the first day of July following the appropriation and one–twelfth (1/12) on the first day of each succeeding month.

   89ATM50 TR 72: Section 19 adopted.

Section 20.   Licenses May Be Denied to Persons Delinquent in Payments

a.)    The Tax Collector shall annually furnish to each Department, Board, or Commission responsible for the issuance of licenses or permits (including renewals of same), a list of all persons, corporations, business enter­prises, or other parties who have neglected or refused to pay any local taxes, fees, assessments, betterments, or any other municipal charges for a period of at least twelve months and does not have a pending application for abatement of such tax before the appellate tax board.

b.)   Each licensing or permitting authority may deny, revoke, or suspend any license or permit (or renewal thereof) of any party whose name appears on the list aforementioned or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or matter is carried out or exercised or is to be carried out or exercised on or about real estate owned by any party or entity having a financial interest in such license or permit whose name appears on said list, provided that written notice is provided to the applicant and to the Tax Collector, and that said party is given a hearing, to be held not later than fourteen (14) days subsequent to said notice.

        Said list shall be prima facie evidence for denial, revocation, or suspension of said license or permit; the Tax Collector shall have the right to intervene in any hearing conducted relative to such action of revocation, denial, or suspension. All findings made by the licensing or permitting authority at such hearing shall not be relevant to or introduced into any other proceeding at law, except for an appeal from such denial, revocation, or suspension. Any license or permit denied, suspended, or revoked under this section shall not be issued or renewed until such time the licensing or permitting authority is in receipt of a certificate, issued by the Tax Collector, that the applicant is now in good standing with respect to all monies due at the time of issuance of the certificate.

c.)    Any party may enter into a payment agreement with the municipality, and the Tax Collector may, on such agreement, issue a certificate noting the terms of such agreement; any license or permit issued on the basis of such conditional certificate shall itself be conditioned upon satisfactory compliance with the terms of the agreement. Failure to comply with such terms shall result in suspension or revocation of said license or permit, subject to the hearing and notification procedures noted above.

d.)   The Board of Selectmen may waive such denial, suspension, or revocation if it finds that there is no substantial business interest by the property owner, its officers or stockholders, or by members of his immediate family in the business or activity conducted in or on said property.

e.)    This section shall not apply to licenses and permits for: open burning; bicycle permits; sale of articles for charitable purposes; children work permits; clubs or associations dispensing food or beverages; dog licenses; fishing, hunting, or trapping licenses; marriage licenses; theatrical or public exhibition permits.

   11/17/86STM11 TR 85: Section 20 adopted as Section 19.

   96ATM33 TR 30: In second paragraph of subsection (b) and in subsection (e) changed "this by‑law" to "this section".

   97ATM55 TR 45: First paragraph of subsection (b) amended to include consideration of non-licensee delinquents.

Chapter Four -- Other amendments proposed but not adopted:

     77ATM46 TR 141:               Proposed a Section 18 which would deny issuance of Building Department licenses or permits to applicants owing to the Town money for taxes or services. Disapproved by Attorney General on the basis that Mass. G.L. Chapters 60, 80, 40 and 165 provide collection procedures.

CHAPTER FIVE

(Adopted Nov. 16, 1959 59STM1)

(Reenacted April 8, 1996 96ATM33)

(Amended April 8, 2002  20ATM38&39)

CONTRACTS BY TOWN OFFICERS

Section 1.   Officers With Financial Interest Not to Participate in Contracts

No officer, agent or employee of the Town shall in his official capacity make, pass upon or participate in making or passing upon the borrowing of any monies by or on behalf of the Town, or any purchase, sale, contract or agreement, or the terms or amount of any payment for or on behalf of the Town, or in which said borrowing, purchase, sale, contract or agreement the Town is interested in any way whatsoever if such officer, agent or employee shall have any personal financial interest therein, directly or indirectly.

Section 2.   Contracts to be in Writing and Authorized by Board or Committee

No contract involving an obligation of the Town in excess of Five Hundred Dollars ($500.) shall be binding upon the Town unless it is in writing and is signed by at least a majority of the Board or Committee duly authorized or having control of the appropriation against which such obligations is incurred; and such board or committee shall make a record of every such contract in a book which shall be the property of the Town.

Section 3.   Performance Bond; Security Deposit

Every contract exceeding One Thousand Dollars ($1,000.) shall be accompanied by a suitable bond for the performance of the same, or by the deposit of money or security to the amount of such bond if so requested by the officer or board authorized to make the contract.

Section 4.   Contracts Not to Extend More Than Three Years Unless Authorized

No board or officer shall make any contract in behalf of the Town, the execution of which shall necessarily extend beyond three (3) years from the date thereof, except as otherwise provided by law, unless specific authority to do so has been given by vote of the Town.

   11/18/96STM05 TR 125: Authority to contract extended from one year to three years.

Section 5.   Competitive Bidding Required; Procedures Defined

All contracts awarded by the Town shall be established by competitive bidding, in accord with the standards, limits, and regulations established by M.G.L. Chapter 30B (the "Procurement Act").

In the case of supplies and services exempted by State Law from the provisions of Chapter 30B and not otherwise provided for by other sections of State Law, all contracts awarded by the Town in excess of $10,000 value shall be established by a formal bid or RFP process; contracts of $4,000—$9,999 value shall be established by an informal competitive process, with a required documentable minimum of three quotes solicited before award of a contract.

   73ATM9 TR 118: [Former section] "Five Hundred Dollars ($500.)" amended to "One Thousand Dollars ($1,000.)" in two places.

   80STM5 TR 115: [Former section] First paragraph and ninth paragraph (b) "One Thousand ($1,000.) Dollars" amended to "Two Thousand ($2,000.) Dollars"

   84ATM11 TR 83: [Former section] "Two Thousand ($2,000.) Dollars" amended to "Four Thousand ($4,000.) Dollars" and in subsection (b) and (c) "Five Thousand ($5,000.) Dollars" amended to "Eight Thousand ($8,000.) Dollars"

   96ATM56 TR 50: [Former section] In paragraph (a)(4) Town Administrator substituted for Board of Selectmen in decision to award work to the DPW.

   96ATM69 TR 65: Replaced previous section to conform town procedure to state law.

  02ATM38  TR46:  Replaced language in section 5.

Section 6.   Disposal of Surplus Equipment; Bidding Procedure

Whenever in the judgment of any department head any equipment in the charge of a department with a net resale value of five hundred dollars ($500.00) or more, except motor vehicles which are to be replaced, is no longer necessary or useful and it is in the best interest of the Town that such equipment be disposed of, such department head in writing shall so advise the Town Administrator, who shall thereafter invite bids for the purchase of the same by advertisement in a newspaper having a general circulation in the Town once each week for at least two (2) successive weeks and thereafter shall sell any such equipment to the highest responsible bidder. Every such advertisement shall describe the equipment to be sold; shall state the time and place at which such equipment may be inspected; and shall state the time and place at which bids will be opened and shall preserve to the Town the right to reject any or all such bids. All proposals shall be opened in public at the time and place specified therefor.

   96ATM57 TR 50: Town Administrator substituted for Board of Selectmen.

  02ATM39  TR 46:  Replaced language in section 6.

Section 7.   Borrowing for More Than Two Years to Require Bids

When authorized to raise a loan on behalf of the Town for a term of more than two years, the Treasurer shall solicit bids thereon, by advertising or otherwise, in such manner as he shall deem appropriate, and shall reserve to the Town the right to reject any or all such bids.

Section 8.   Procedure Governing the Submission of Competitive Bids and Bid openings

In all cases where competitive bids are invited either by the provisions of the Revised By–Laws, or pursuant to Massachusetts General Laws, all prospective bidders shall be advised, either in the posted notice, the published advertisement, or letter of invitation to bid, (i) that all bids and related materials shall be submitted to the Office of the Town Administrator, Town Hall, PO Box 306, Bryant Street, Dedham, MA 02027, and (ii) that all bids shall be opened at the designated time in the Office of the Town Administrator under the supervision of the Town Administrator or the Administrator's designee.

   93ATM13 TR 36: Section 8 adopted.

   96ATM58 TR 51: Town Administrator substituted for Executive Secretary.

Chapter Five ‑‑ Other amendments proposed but not adopted:

     91ATM21 TR 89:                  Proposal to raise the competitive bid amount in Section 5 to ten thousand dollars or more, indefinitely postponed

CHAPTER SIX

(Adopted Nov. 16, 1959 59STM1)

(Reenacted April 8, 1996 96ATM33)

LEGAL AFFAIRS

Section 1.   Selectmen to be Agents of Town

The Selectmen shall be agents of the Town to institute, prosecute and defend any claims, actions and proceedings to which the Town is a party or in which the interests of the Town are or may be involved.

Section 2.   Selectmen Authorized to Settle Claims

The Selectmen may at their discretion compromise or settle any claim or suit to which the Town is a party within the amount of any appropriation available therefor or as otherwise authorized by law.

Section 3.   Town Counsel to Report Status of Actions

The Town Counsel shall, not later than ten (10) days after the close of each year, report to the Selectmen what actions have been brought against and on behalf of the Town, what cases have been compromised or settled, and the current standing of all suits at law involving the Town or any of its interests, and the Selectmen shall include such report in the Annual Town Report.

Section 4.   Selectmen to Appoint Town Counsel

The Selectmen shall annually, as soon as practicable after final adjournment of the Annual Town Meeting, appoint a competent lawyer and member of the Bar of the Commonwealth in good standing to act as Town Counsel for the term of one (1) year, from the day of his appointment following and until his successor is appointed and enters upon the performance of his duties, and may at their pleasure remove him from office. They shall likewise fill any vacancy in such office for the unexpired term and may employ special counsel whenever, in their judgment, necessity therefor arises and an appropriation is made or is available therefor.

   11/6/89STM3 TR 77:     The words "a resident of the Town who is" deleted following the word "appoint" in first sentence.

Section 5.   Duties of Town Counsel

It shall be the duty of the Town Counsel to conduct the prosecution of, defense of, or compromise claims, actions 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; to 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 interests of the Town are or may be involved therein, shall so request; to conduct proceedings brought by or against the assessors before the Board of Tax Appeals; to assist in the prosecution of complaints for violation of any by–law of the Town, when requested so to do by the Board or Officer enforcing the same; to examine and report upon titles to all land to be acquired by the Town; to 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 generally to advise and act for the Town, Officers, Boards and Committees upon and in legal matters touching the duties of their respective offices.

   96ATM33 TR 30: Amended first sentence by inserting "of" after both "prosecution" and "defense".

Section 6.   Treasurer to Execute Deeds and Transfers of Interests

Any deed conveying land belonging to the Town shall be executed by the Town Treasurer unless the Town shall have otherwise voted. All transfers of mortgages, bonds, or other securities, all evidences of indebtedness, and mortgage foreclosures shall be executed by the Town Treasurer.

Section 7.   Qualifications for Town Counsel

a.)    Town Counsel shall have a minimum of five (5) years experience as a city solicitor, town counsel, or assistant town counsel; in the case of a law firm being retained by the Town as a town counsel, only those attorneys within the firm who have a minimum of five (5) years experience as a city solicitor, town counsel, assistant city solicitor, or assistant town counsel shall represent the town;

b.)   Town Counsel shall have substantial experience in litigation before trial courts (both state and federal) and state administrative agencies and should have a demonstrated record of success in major municipal litigation;

c.)    Town Counsel shall have a demonstrated ability to provide suitable back–up capacity during absence, illness or vacations;

d.)   Town Counsel shall have expertise in a variety of municipal law specialty areas such as land use, environmental law, civil rights, contracts, and municipal finance law;

e.)    Town Counsel shall not be eligible to participate in the Town's group insurance program nor shall Town Counsel be eligible for retirement or other benefits;

f.)    Town Counsel shall be a member in good standing of the Massachusetts Bar; and

g.)    Town Counsel shall at all times maintain a professional liability insurance policy in a minimum amount of one million dollars ($1,000,000.00).

   93ATM14 TR 37: Section 7 adopted.

   94ATM11 TR 40: Subsection (a) amended to include experience requirement for members of a law firm.

   96ATM33 TR 30: Subsection (e) amended by inserting the word "the" before "Town's".

Chapter Six ‑‑ Other amendments proposed but not adopted:

     93ATM34 TR 51:                  Proposed qualifications for Town Counsel, indefinitely postponed

CHAPTER SEVEN

(Adopted Nov. 16, 1959 59STM1)

(Reenacted April 8, 1996 96ATM33)

TOWN RECORDS AND REPORTS

Section 1.   Town Officers, Board and Committees to Keep Records Open to Public

All officers, boards and committees of the Town shall cause records of their doings and accounts to be kept in suitable books, and all multiple member bodies shall maintain accurate records of its meetings, said records to be filed with the Town Clerk and made available to the public. Said books shall be kept in their respective places in the Town offices and the libraries, and shall not be removed therefrom. Said books shall, unless otherwise provided by law, be open to public inspection at any reasonable time, but shall remain during such inspection under the supervision of the officer, board or committee having custody thereof.

   75ATM33 TR 124:         Added "and the libraries".

   99ATM27 TR __: Section rewritten to direct the maintenance of minutes and to require filing with Clerk.

Section 2.   Comptroller to Keep Records of Insurance, Bonds and Indebtedness

a.)    The Town Comptroller shall keep among the records of his office the following:

1.)   A detailed register of all insurance policies and surety bonds held by the Town which shall show the property covered by insurance, the names under bond, the names of the companies involved, the amount, expiration date and premium of each bond and policy;

2.)   A detailed record of the Town indebtedness which shall show the objects for which such indebtedness was incurred, the date incurred, the date of maturity, the rate of interest thereon and the provisions for payment thereof.

Section 3.   Departments to Report on Expenditures for Town Report

All officers, boards, departments and committees of the Town authorized to spend money shall annually report thereon in writing in such manner as to give the citizens a fair understanding of the objects and methods of such expenditures, referring, however, to the report of the Comptroller for detailed statements of receipts and expenditures. Such report shall be submitted to the Selectmen no later than ten (10) days after the close of each year for inclusion in the Annual Town Report, and a copy thereof shall be submitted to the Town Comptroller.

Section 4.   (Section moved and renumbered to section ten of Chapter Three.)

Section 5.   Report of Treasurer Detailed

The report of the Town Treasurer shall include a classified statement of the Town indebtedness and business for which it was incurred, shall specifically state the objects for which such indebtedness may have been increased during the preceding year, a statement indicating the amounts required for the payment of interest on the Town debt and for the payment of such portions of the Town debt as may become due during the succeeding year; and shall also set forth:

a.)    A list of all notes issued during the year and the purposes for which the money was borrowed, giving the dates, amount, term, rate of interest, time of maturity, the premium, if any received thereon, and the names of the parties from whom the funds were borrowed;

b.)   A list of all notes paid during the year and a list of all outstanding notes with the dates upon which they will mature;

c.)    A full exhibit of all monies, properties and securities which may be placed in his charge by virtue of any statute or by–law or by virtue of any gift, devise, bequest or deposit;

d.)   A statement of any amount received by the Town from sources other than taxation during the preceding year.

Section 6.   Report of Comptroller Detailed

The Town Comptroller shall, immediately after the close of each financial year, prepare a detailed report of all receipts and expenditures of the Town during the financial year next preceding, showing separately payments made from the proceeds of loans as outlays for capital improvements, including those of the funds managed for the Town by trustees or commissioners and showing also the amount of each specific appropriation and expenditures therefrom, the purposes for which expenditures have been made, a statement of any change in the amount of the Town debt, and a statement of all indebtedness incurred and not paid at the end of the financial year next preceding.

Section 7.   Selectmen to Publish Annual Town Report; Report Detailed

The Selectmen shall each year cause to be printed as a Town document an Annual Town Report for the year next preceding. The Annual Town Report shall contain the annual reports of the Selectmen, the Finance Committee, the School Committee, the Town Treasurer, the Town Comptroller and of all officers, boards and committees of the Town required by these by–laws and a list of the salaries of all Town employees; statements of all funds belonging to the Town or held for the benefit of its inhabitants; a statement of the liabilities of the Town on bonds, notes, certificates of indebtedness or otherwise and all indebtedness authorized but not incurred and the purposes thereof; a statement of transfers made to or from any appropriation; a copy of the auditor's report of the annual audit of the town's financial books and records, including the financial statement and management letter; abstracts of the records of the meetings of the Town held since publication of the last Annual Town Report; a specific statement of Town or County ways laid out during the preceding year; a statement of what ways laid out or accepted remain to be constructed; statement of damages assessed against and paid by the Town during the preceding year; a statement of all outstanding claims against the Town; a statement of what actions have been brought against and on behalf of the Town, what cases have been compromised or settled and the current status of all suits at law involving the Town or any of its interests; and such other matters as the said report is required by law to contain or may be inserted by the Selectmen under the discretion granted them by law.

   95ATM54 TR 71: Amended by inserting "a copy of the auditor's report or the annual audit of the town's financial books and records, including the financial statement and management letter."

   95ATM55 TR 71: Proposal to include listing of births, deaths and marriages in annual report indefinitely postponed.

   96ATM33 TR 30: Amended by inserting "the" before "current status".

Section 8.   By–Laws, Rules and Regulations, Assessors' Evaluations to be Printed

The Selectmen of the Town shall direct that the by–laws and standing votes of the Town, the rules or regulations adopted by any officer, board or committee of the Town, and each decennial assessors' evaluation list be printed separately or as a part of the Annual Town Report.

Section 9.   Annual Town Report to be Available, Delivered to Town Representatives

The Selectmen shall cause the Annual Town Report to be printed, made available for distribution to the taxpayers of the Town and a copy thereof delivered to each Town Representative not less than fourteen (14) days prior to each Annual Town Meeting.

   73ATM33 TR 124:         "Town Meeting Member" amended to "Town Representative"; "seven (7)" amended to "fourteen (14)".

Section 10.   Annual Departmental Reports to be Filed with Town Clerk as Public Records

All written or printed reports required by these by–laws shall be filed with the Town Clerk and preserved by him in suitable files readily accessible to citizens of the Town at all reasonable times.

Section 11.   Use and Dissemination of Information Regulated

It is hereby declared to be the policy of the town that the inhabitants of the town have retained certain rights of privacy in the use and dissemination of public records and that to safeguard those rights this section has been adopted.

No person employed by the town or performing services for the town shall use or disseminate or allow access to any information collected, acquired or created in the performance of official, contractual or volunteer duties except for the purpose for which the information was collected, acquired or created or for a purpose expressly provided for by law; provided, however, that nothing in this section shall infringe or impair public access to nor otherwise alter the status of any public record nor allow or require the public disclosure of any information which is not a public record; provided, further, that if the Board of Selectmen, after a public hearing, finds that the public purpose clearly outweighs the inhabitants privacy interests, the Board may grant to the holder of the records a waiver for a specific use, limited in scope and time, and for such purpose may require that information contained in the records be made available only in the aggregate and with full anonymity of individual records and may make such other conditions as will protect the privacy interests of the inhabitants of the town.

   97ATM42 TR 41: Section 11 adopted.

Chapter Seven ‑‑ Other amendments proposed but not adopted:

   73ATM66 TR 137:         Delete "and a list of the salaries of all Town employees" ‑‑ Indefinitely postponed.

     75ATM33 TR 124:               Proposed amendment to Section 4 deleted by Attorney General as violation of Mass. G.L. Ch. 41, section 59

CHAPTER EIGHT

(Adopted Nov. 16, 1959 59STM1)

(Reenacted April 8, 1996 96ATM33)

(Replaced and Renamed April 8, 1996 96ATM41)

TOWN ADMINISTRATOR

Section 1.   Town Administrator Responsible for Town Offices

The Town Administrator shall be responsible for the care, custody and superintendence of the building or buildings and all facilities being used for Town offices or any town purposes except those buildings under the control of the school committee from time to time, including all the rooms in said building or buildings, the land and appurtenances thereto on which said building or buildings are located, and all Town property contained therein.

   96ATM41 TR 41: Section rewritten; Town Administrator substituted for Board of Selectmen.

Section 2.   Town Offices to be Leased Only by Vote of Town

No space in any town building or buildings shall be leased for any purpose without being specially authorized by a vote of the Town and shall not be used for any purpose for which a license by any town officer or agency is required, unless the same shall have been first duly licensed by such officer or agency according to law.

   96ATM41 TR 41: Section rewritten.

Section 3.   Police Officer May be Present for Licensed Use

The Town Administrator may, for the purpose of enforcing order and obedience to the laws of the Commonwealth, cause one (1) or more police officers to be present in any town building when any part thereof is used under a license. The expenses of such police officer shall be borne by the person or persons using said space.

   96ATM41 TR 41: Section rewritten; Town Administrator substituted for Board of Selectmen.

Section 4.   Town Buildings Not to be Used for Forbidden Purpose

No space in any such building or buildings shall be used at any time for any purpose forbidden by the statutes of the Commonwealth, and it shall be the duty of the Selectmen forthwith to prosecute any violation of the statutes which may occur therein.

   96ATM41 TR 41: Section rewritten.

Section 5.   Administrator's Compensation

The salary for the position of Town Administrator shall be fixed by the Board of Selectmen within the amount appropriated for the position.

   96ATM64 TR 55: Section adopted. By vote of Town Meeting this section supersedes section 8 (a) of Chapter 177 of the Acts of 1994 (the transitional bylaws accompanying the revisions to the Dedham Home Rule Charter of 1994).

   97ATM33 TR 37: Section amended to delete salary range and to direct Selectmen to set salary within the annual appropriation.

Section 6.   Administrator's Qualifications

The town administrator, in addition to the qualifications as stated in the Dedham Home Rule Charter, shall have the following specific qualifications:

(i)     hold at least an earned bachelor degree in public administration or a closely related field from a recognized, accredited college or university, and ten years experience as a public administrator, the most recent three years of which shall have been as a chief administrative officer; or,

(ii)     hold an earned bachelor degree in any field and an earned master degree in public administration from a recognized, accredited college or university, and five years experience as a public administrator, the most recent three years of which shall have been as a chief administrative officer.

The term "chief administrative officer" shall mean a person who has had major responsibilities in a municipality, under any title, in most, if not all, of the following areas: general supervision and management of all administrative agencies of a city or town, but not including schools; direct involvement in the formulation of budget proposals for all municipal offices and agencies and the administration of the budget throughout the fiscal year; purchasing; and personnel administration.

   96ATM64 TR 55: Section adopted. By vote of Town Meeting this section supersedes section 8 (b) of Chapter 177 of the Acts of 1994 (the transitional bylaws accompanying the revisions to the Dedham Home Rule Charter of 1994).

Section 7.   Town Administrator to Negotiate Employee Contracts

a.)    The Town Administrator shall negotiate with the following collective bargaining agents:

        1. Dedham Firefighters Association, Local 1735 I.A.F.F.

        2. American Federation of State, County and Municipal Employees, AFL–CIO, State Council 41, Local 362 (Department of Public Works employees)

        3. Dedham Police Association (Lieutenants and Sergeants)

        4. Dedham Police Patrolmen's Association

        5. American Federation of State, County and Municipal Employees, AFL–CIO, State Council 93, Local 362 (Units A and B)

b.)   The Town Administrator, when appointed bargaining agent for the Town by the Trustees of the Dedham Public Library, shall also negotiate with the Dedham Library Staff Association.

   96ATM67 TR 65: Section adopted.

Section 8.   Town Vehicles to be Marked

All town–owned vehicles and large, mobile departmental equipment shall be marked with a color scheme that is consistent within each department and shall permanently and prominently display on each side thereof the town seal, the town name, the name of the department to which the equipment is assigned and an identification number or title. The Town Administrator may grant exceptions only for specified equipment actively and regularly engaged in traffic or investigatory law enforcement.

   96ATM68 TR 65: Section adopted.

Section 9.   Town Administrator to Place All Insurance

The Town Administrator, subject to appropriations made by the Town, shall have full charge and control of placing insurance for the Town. All sums of money appropriated by the Town for insurance shall be expended under the Town Administrator's sole direction. The Administrator may in connection with the supervision of construction of new buildings place builder's risk insurance within the appropriation for such projects. The Administrator is the officer responsible for the administration and expenditure of the town's self–insurance property and liability funds.

   96ATM45 TR 45: Section adopted; incorporated old section 3.

   97ATM35 TR 37: Section moved from Chapter Nineteen section 1.

Section 10.   Town Administrator May Submit Articles for Town Meeting

The Town Administrator, in addition to those persons enumerated in section 2–10 (a) of the Dedham Home Rule Charter, may submit articles to the Board of Selectmen for inclusion on the warrant for any annual or special town meeting.

   97ATM29 TR 35: Section adopted.

Chapter Eight ‑‑ Amendments proposed but not adopted:

     97ATM30 TR 36: New section 11 adopted to establish an appeals procedure from certain permitting decisions of the Town Administrator. By letter of August 4, 1997, the Attorney General disapproved the amendment as unconstitutional.

CHAPTER NINE

(Adopted Nov. 16, 1959 59STM1)

(Reenacted April 8, 1996 96ATM33)

(Replaced April 8, 1996 96ATM44)

CEMETERIES

Section 1.   Town Administrator to Have Charge of Cemeteries

The Town Administrator shall be responsible for the care, superintendence and management of public cemeteries in the Town, and may make such rules and regulations with respect thereto as may be authorized by law. The Town Administrator shall have the expenditure of all funds appropriated for the care, improvement or embellishment of said public cemeteries. The Town Administrator shall have such powers and duties as may be conferred or imposed upon cemetery commissioners by the laws of the Commonwealth and by these by–laws and shall be responsible to the Board of Selectmen for the efficient administration and management of said cemeteries; provided, however, that the Administrator may authorize the Commissioner of Public Works or the Cemetery Superintendent to exercise any power or perform any function or duty which is assigned to the Administrator under this section.

   75ATM33 TR 124:         Delete "(See Chapter 211, Acts 1933)"

   96ATM44 TR 43: Section rewritten; Town Administrator substituted for DPW Commissioner and given powers of Cemetery Commissioners.

Section 2.   Free Public Burial to be Available; Cemetery to be Laid Out, Maintained

The Town Administrator shall keep set apart and reserved a sufficient portion of Brookdale Cemetery as a public burial place for the use of the inhabitants of Dedham, free of charge. The Town Administrator may also lay out any other portion of said Brookdale Cemetery in suitable lots or other subdivisions for family or other burial places, with all the necessary paths and avenues, in conformity with the plans adopted by the Town; may plant and embellish the same with trees, shrubs and flowers, and other rural ornaments; shall keep the said cemetery suitably enclosed by a wall or fence; shall maintain in good repair a receiving tomb; and may cause to be erected such other structure as may be necessary or convenient for the use of the cemetery.

   96ATM44 TR 43: Section rewritten; Town Administrator substituted for DPW Commissioner.

Section 3.   Town Administrator Authorized to Sell Cemetery Lots

The Town Administrator shall have authority to grant and convey to any person or persons, by deeds or certificates duly executed in the name of the Town of Dedham, the sole and exclusive right of burial, and of erecting tombs, cenotaphs and other monuments in any of the designated lots or subdivisions of Brookdale Cemetery, upon such terms and conditions as the Town Administrator by the rules and regulations prescribes. Such deeds or certificates shall be recorded by the Town Clerk in a book kept for that purpose in the Clerk's office.

   96ATM44 TR 43: Section rewritten; Town Administrator substituted for DPW Commissioner.

Section 4.   Proceeds from Sale of Lots and Graves to be Reserved for Appropriation

The proceeds from sales of lots or rights of burial, or of any property in said Brookdale Cemetery, shall be paid to the Town Treasurer, to be kept separate and apart from other funds of the Town, and subject to appropriation by Town Meeting. Notwithstanding the terms of such appropriation, such proceeds shall be used solely for the care, improvement and embellishment, or the enlargement of the Town cemeteries.

   93ATM37 TR 56: Section 4 redrawn. Proceeds to be subject to appropriation. No rollover to Perpetual Care Fund.

   96ATM44 TR 43: Section rewritten.

(Section 4A.   Cemeteries Maintenance Fund to be Kept by Treasurer)

   97ATM37 TR 37: Section deleted.

Section 5.   Gifts for Care of Cemeteries

The Town Treasurer shall receive such gifts of money as shall be paid into the Town Treasury by any person holding, occupying or interested in a lot in either of the public Cemeteries of the Town, for the preservation and care of such cemeteries.

   93ATM37 TR 56: Section 5 redrawn. Limit on amount gifts removed. Gifts not restricted to separate accounts for distinct lots.

   96ATM44 TR 43: Section reenacted.

Section 6.   Gifts to be Deposited in Perpetual Care Fund

The Town Treasurer shall invest or deposit all fees for perpetual care and all gifts received pursuant to Section 5 in a "Perpetual Care Fund" and pay the income therefrom on the warrants of the Selectmen for the preservation and care of the public cemeteries of the Town and in keeping such cemeteries in repair, in cutting the grass at such time and in such manner as the Town Administrator shall deem to be for the best interests of the cemeteries, or in accordance with such other stipulations relating to such preservation and care as the Town Administrator shall approve, which shall be made at the time of the deposit of the money.

   83ATM19 TR 75: Deleted requirement of deposit "in some Savings Bank" in first sentence.

   93ATM37 TR 56: Section 6 redrawn. All gift monies to be invested in Perpetual Care Fund, which is not necessarily restricted to distinct lots.

   93ATM37 TR 56: Section 7 deleted.

   96ATM44 TR 43: Section rewritten; Town Administrator substituted for DPW Commissioner.

   97ATM37 TR 37: Section rewritten to include all payments for perpetual care in the fund.

Section 7.   Cemetery Advisory Committee Established

The Town Administrator may appoint a Cemetery Advisory Committee which shall consist of five (5) residents of the town. The regular term of a member shall be three years, but when the committee is first established, the terms of the members shall be for one, two or three years and so arranged that the terms of approximately one third of the members will expire each year, and their successors shall be appointed for a term of three years each. Any member of the committee so appointed may, pursuant to Section 6–15 of the Dedham Home Rule Charter, be removed for cause by the Town Administrator. A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.

   96ATM44 TR 43: Section adopted.

Section 8.   Cemetery Committee Duties

The Cemetery Advisory Committee shall advise and make recommendations to the Town Administrator for the purpose of improving the operation of the town cemeteries and the services offered to the inhabitants of Dedham. The Committee shall annually review and, with the approval of the Town Administrator, make and publish the rules and regulations for the use of the town cemeteries; shall annually review the operations of the cemetery and make recommendations regarding both the operating budget and capital improvements; shall no less often than annually make recommendations regarding cemetery fees; and shall make such other recommendations regarding land acquisition and utilization and cemetery management as will assure the town's ability to provide suitable burial places for the interment of persons dying within its limits. To this end the Committee shall conduct such studies and hold such conferences and meetings as are necessary. The Committee shall submit an annual report as directed by section three of Chapter Seven.

   96ATM44 TR 43: Section adopted.

Chapter Nine ‑‑ Other amendments proposed but not adopted:  NONE.

     11/8/82STM23 TR 94:         Charter amendment changing composition and duties of Cemetery Commissioners ‑‑ indefinitely postponed.

CHAPTER TEN

(Adopted Nov. 16, 1959 59STM1)

(Reenacted April 8, 1996 96ATM33)

THE SHUTTLEWORTH FUND

Section 1.   Fund to be Kept Separate; Principal Not to be Expended

The fund devised to the Town by the will of Hannah Shuttleworth shall be kept separate and apart from all other public funds of the Town, and no part of the principal shall ever be expended for any purposes, but the amount received under said will shall remain as a permanent fund, and shall be known as the "Shuttleworth Fund" as expressed in said will.

Section 2.   Fund Investment to be Approved by Commissioners of Trust Funds

Investments of said fund shall be made in the name of the Town, with proper recitals identifying the same as part of the Shuttleworth Fund, but no investment of any of said fund shall be made except upon the approval in writing of the Commissioners of Trust Funds; which approval shall be filed with the securities, after which an order on the Treasurer may be drawn by the Commissioners of Trust Funds for the amount to be invested.

   75ATM33 TR 124:         Original section 2 deleted and replaced by original section 4 renumbered Section 2; "Board" amended to Commissioners of Trust Funds" in two places.

Section 3.    Treasurer to Have Custody of Fund; Commissioners of Trust Funds to Order Expenditures

The Town Treasurer shall have the custody of said fund, and of all the securities in which the same may from time to time be invested. He shall collect and receive all the interest and income accruing therefrom and shall pay such interest and income only upon the written order of a majority of the Commissioners of Trust Funds to expend the same. He shall keep an accurate account of said fund and of amounts received and paid out therefrom in a book separate and apart from other accounts. He shall annually, at the close of the financial year, make a written statement of the condition of said fund, and state in detail the manner and securities in which the fund is invested together with the amounts of interest and income which has been received therefrom during the year, and this statement shall be annually printed in the Town Report.

   75ATM33 TR 124:         Original section 3 deleted and replaced by original section 5 renumbered Section 3; "committee appointed by the board" amended to "Commissioners of Trust Funds".

Section 4.   Fund Transactions to be Done by Treasurer

Mortgages in which said fund may be invested, on payment thereof, shall be discharged by the Town Treasurer in the name of the Town; all transfers of mortgages, bonds, or other securities in which said fund may be invested, and all conveyances of real estate held under foreclosure of such mortgages, shall be made by the Town Treasurer in the name of the Town, and countersigned by a majority of the Commissioners of Trust Funds.

   75ATM33 TR 124:         Original section 6 renumbered Section 4.; "Board of Public Welfare" amended to Commissioners of Trust Funds".

Chapter Ten ‑‑ Other amendments proposed but not adopted:  NONE.

CHAPTER ELEVEN

(Adopted Nov. 16, 1959 59STM1)

(Reenacted April 8, 1996 96ATM33)

DEDHAM PUBLIC LIBRARY

Section 1.   Board of Trustees to Have Custody of Library

The Board of Trustees shall consist of five (5) members who shall have custody and management of the running of the Library.

   75ATM33 TR 124:         "nine (9)" amended to "five (5)".

Section 2.   Regular and Special Meetings

Regular meetings of the Board shall be held on days designated by the Trustees in March, June, September and December in each year, or at such other times as the Trustees may vote. Special Meetings may be called at the request of the Chairman of the Board of Trustees or of any two (2) Trustees.

Section 3.   Trustees to Organize and Appoint Librarian

At the regular meeting in March, the Board of Trustees shall choose from their number, by ballot, a Chairman, a Secretary, a Finance Committee and a Book Committee. They shall also appoint a Librarian who shall be responsible for the management of the Library under the direction of the Trustees.

   60ATM24 TR 157:         deleted "and fix the salaries of each".

   96ATM37 TR 33: deleted “such assistants as may be necessary, and a Janitor” from end of second sentence.

(Section 4.   Book Committee to Select Books, Have General Supervision)

 96ATM37 TR 33: section deleted, following sections renumbered.

Section 4.    Finance Committee to Keep Financial Records, Invest Library Fund and Approve Expenditures

The Finance Committee of the Library shall have charge of the Library's books of account, and shall safely invest and reinvest all funds held for the use of the Library in sound securities and vary investments according to their discretion; provided, that they shall not invest the same in any securities not generally considered acceptable by the Commonwealth for the investment of funds by Trustees. The Finance Committee shall also have charge of the preparation of an annual budget for presentation to the Town Administrator. All orders on the Town Treasurer for payments for the Library purposes shall be countersigned by at least three (3) members of the Library Finance Committee.

   96ATM37 TR 33: second sentence deleted to remove reference to the Library Fund. Sentence inserted concerning preparation of budget. Third sentence rewritten to remove reference to Library Fund.

Section 5.   Treasurer to Have Custody of Library Funds

The Town Treasurer shall have custody of the securities and funds of the Library and shall make payments from income thereof according to appropriations made by the Town for Library purposes, all as provided in Chapter Four of these by–laws.

   96ATM37 TR 33: words “according to” substituted for “and from.”

Section 6.   Financial Transactions to be Done by Treasurer

Mortgages in which the Library Fund may have been invested shall, on payment thereof, be discharged by the Town Treasurer in the name of the Town, and transfers of mortgages, bonds, or other securities, and all evidences of indebtedness, shall be made by the Town Treasurer, all as provided in Chapter Six, Section 6 of these by–laws. All such transfers and conveyances shall be countersigned by at least a majority of the Finance Committee of the Library.

   96ATM33 TR 33: Amended by inserting "and" before "all evidences" and adding "shall be" before "made by".

(Section 7.   Duties of the Librarian)

   96ATM37 TR 33: section deleted.

Section 7.   Board of Trustees to be Responsible for Staffing

The Board of Trustees shall be responsible for approving all hiring and termination of Library staff; for setting policy for staff; for approving job descriptions. The Board of Trustees shall have the authority to negotiate with contractual staff; or to designate a bargaining agent.

Section 8.   Trustees to Submit Annual Report

The Board of Trustees shall no later than ten (10) days after the close of each fiscal year or at the request of the Town Administrator, prepare, approve and submit to the Selectmen a report and recommendations as required by statute and by Chapters Three and Seven of these by–laws.

   96ATM33 TR 30: Amended by changing "Chapter Seven" to "Chapters Three and Seven".

   96ATM37 TR 33: Words “or at the request of the Town Administrator” inserted in the first sentence.

Chapter Eleven ‑‑ Other amendments proposed but not adopted: NONE.

CHAPTER TWELVE

(Adopted Nov. 16, 1959 59STM1)

(Reenacted April 8, 1996 96ATM33)

TOWN WAYS AND STREET LIGHTING

Public Ways

Section 1.   Commissioner of Public Works to Administer Public Ways

The Commissioner of Public Works shall act as the Superintendent of Streets and shall be responsible to the Town Administrator for the efficient administration of all matters relating to any public way of the town.

   75ATM33 TR 125:         Delete "(See Chap. 211; Acts of '33)"

   96ATM34 TR 30: Town Administrator substituted for Board of Selectmen.

Section 2.   Notice of Intention to Lay Out or Change Public Way to be Published

Notice of intention to lay out, alter or relocate a Town way shall, in addition to the notice required by law, be published once each week for two (2) successive weeks in a newspaper having a general circulation in the Town, the last publication to be not less than seven (7) days prior to the day of hearing.

Section 3.   Excavations Within Public Way Regulated

No person or corporation shall make any excavation within the limits of any public way in the Town except upon and in accordance with the condition of a permit to be issued by the Board of Selectmen. Such permit shall be issued only upon written application stating the location and extent of the proposed excavation and a fee of Twenty–five Dollars ($25.00) shall be charged for each permit for excavations up to 10 linear feet; for excavations longer than 10 linear feet the fee will be twenty–five dollars ($25.00) plus $0.25 per additional linear foot. It shall be a condition of each permit thus issued that the work of excavation shall be done in a manner approved by the Superintendent of Streets and that the surface of the highway shall be restored to its original condition to the satisfaction of the Superintendent of Streets and at the expense of the person or corporation to whom the permit is issued; also that the licensees shall indemnify the Town against the claims of all persons who may be injured in their person or property by reason of such excavations. The Selectmen shall require a suitable bond or deposit to secure the performance of the foregoing conditions. The Board of Selectmen may fix the time within which such permit shall remain in force.

   91ATM46 TR 97: Changed the fee to $25 and added a surcharge of $0.25 for each linear foot beyond 10 feet.

Section 3A.   Construction of Access Ways onto Public Ways Regulated

a.)    It is the intent of this section to protect the public safety and convenience by controlling the location of and construction of certain access ways which connect to public ways or ways used as public ways for the use of motor vehicles.

b.)   Access ways as defined herein shall not be constructed or used until a permit has been issued therefor.

c.)    Effect on Existing Uses: Access ways in use at the time this section becomes effective shall not be affected by this section unless said ways are widened by more than fifty (50) percent of their existing width or relocated so that they will connect to the public way at a different point.

d.)   Access Ways Requiring a Permit: For purposes of this section, an access way shall be defined as: A way that (i) serves a land area or land use that may be described as Residential, Business, Manufacturing, or Industrial, or any other similar designation; and (ii) connects or abuts a public way or a way used as a public way and falls under the jurisdiction of the Street Commissioners (Selectmen).

        A permit shall not be required for:

        (1)  a way that connects with or abuts a State Highway under the jurisdiction of the State Highway Division of the Massachusetts Highway Department; or

        (2)  a way of less than 30 feet width that constitutes a residential driveway access or an accessway designed to serve any residential property entirely within the Town of Dedham; and

        (3)  a way within the Town of Dedham that would come under the Subdivision Control Law or Major Site Plan Review as currently in effect in the Town of Dedham,

e.)    Method of obtaining a Permit for Construction of an Access Way:

        1.)  Applicant — shall mean any person, firm, corporation or any other legal entity who can construct an access way as described herein.

        2.)  The applicant shall notify the Street Commissioners (Selectmen) of his intent to construct said access way in writing, and submit with said notice a plan showing in detail sufficient information to determine the following:

                    A.) The point at which the access way will connect with the public way.

                    B.) The width of the access way and the radii of the curves connecting with the public way. Location of islands and/or dividers, if any.

                    C.) The grades of the access way, particularly in relation to sight distances, maneuverability and drainage.

                    D.) The number of motor vehicles which may be stored or parked in the area to be served by the access way. The Street Commissioners shall have the right to determine whether or not an access way will or may serve twenty–five (25) or more parking or storage facilities with or without regard to the existence of other access ways to the same general area.

              (Note: In many cases a print of the plan required by the Parking by–law can be used for the plan to be submitted as required herein if it shows the required information.)

f.)    Issuance of Required Permit:

        1.)  A permit for the construction or use of an access way as defined herein shall not be issued until the Board of Selectmen, acting as Street Commissioners, hold a duly advertised public hearing concerning the same by advertising once in a newspaper having a general circulation in the Town of Dedham at least seven (7) days before the day of the hearing.

        2.)  If the applicant satisfies all the requirements of this section enumerated in subsection (e) (2), above, and if the Street Commissioners shall determine that such proposed plan does not constitute a public hazard, a permit shall be issued to the applicant forthwith in a form satisfactory to the Board of Selectmen.

        3.)  If the applicant in the opinion of the Board of Selectmen is unable to comply with the requirements of this section in any one or all respects, said Board of Selectmen shall not issue such permit until the applicant is able to prove compliance with this section at a re–hearing, if deemed necessary by said Board.

g.)    Enforcement:

        1.)  The Board of Selectmen of the Town of Dedham shall be the enforcing agency for this section.

        2.)  Whoever violates any provision of this section shall be subject to a fine of not more than fifty dollars ($50.00).

        3.)  If the Board of Selectmen determines that an access way has been constructed in violation of this section or constructed in a manner inconsistent with a permit issued therefor, said Board of Selectmen may close or obstruct the entrance of such access way at a point where it intersects the public way and said access way shall remain closed until the provisions of this section are strictly observed by the landowner.

   66ATM50 TR 150:         Sec. 3A adopted.

   72ATM67 TR 91: Section 3A paragraph (2) amended by deleting "and (B) that can or will serve an area or facility that provides for the parking or storage of 25 (twenty‑five) or more vehicles"; and by amending "(C)" to "(B)".

   96ATM33 TR 30: Amended by changing all instances of "this by‑law" to "this section". Amended subparagraph (2) by striking out the word "that" after "(B)" and by changing "Mass. Dept. of Public Works" to "Massachusetts Highway Department". Sections and subparagraphs renumbered and the reference in subparagraph (f) (2) amended by replacing "3b‑(1)‑(4) inclusive, above," with "subsection (e) (2), above".

   99ATM35 TR __: Section in subsection 3A(d)(3) by adding ways subject to major site plan review.

Section 4.   Vehicles Interfering With Snow Removal May Be Removed and Stored

The Commissioner of Public Works or the Chief of Police may, to facilitate the removal of snow or ice from any public way in the Town, remove or cause to be removed from the public way any vehicle which interferes with such work. The vehicle may be removed to and stored in any convenient place, including a public garage, and the cost of removal and storage charges, if any, shall be imposed upon the owner of such vehicle.

   96ATM33 TR 30: Amended by replacing "Superintendent of Streets" with "Commissioner of Public Works" and then rewriting the section.

Street Lighting Committee

(Section 5.   Street Lighting Committee Established)

   97ATM54 TR 45: Section deleted.

(Section 6.   Terms of Street Lighting Committee Set)

   97ATM54 TR 45: Section deleted.

(Section 7.   Committee to Have Charge of Street Lights, Expenditures)

   97ATM54 TR 45: Section deleted.

(Section 8.   Commissioner and Committee to Submit Annual Report)

   97ATM54 TR 45: Section deleted.

Traffic Regulations

Section 9.   Selectmen May Adopt Traffic and Parking Regulations

Subject to the provisions of Article 47 of the 1963 Annual Town Meeting accepting the provisions of General Laws Chapter 90, section 20C, and in accordance with General Laws Chapter 40, section 21 (21), the Board of Selectmen may adopt, alter suspend or repeal rules and regulations, not inconsistent with the General Laws, relative to vehicular and pedestrian traffic in the streets of the Town, and to the movement, stopping, standing, or parking of vehicles on, and their exclusion from all or any streets, ways, highway, roads and parkways under the control of the Town. The Selectmen may designate any way or part thereof under their control as a through way under and subject to the provisions of General Laws Chapter 89, section 9.

No such adoption, alteration, or repeal of rules or regulations shall take effect until public notice has been given, except with respect to such special rules or regulations as are declared by the Board of Selectmen to be urgently required for the public safety or welfare or are of a temporary nature and are to be effective for a period of not more than three weeks. Public notice shall be by publication in one or more newspapers with general circulation within the town and shall include a summary of the rules or regulations, the date, not less than twenty–one days after the date of publication, upon which such rules or regulations shall take effect, and a notice of the right to petition for a public hearing. If twenty–five or more registered voters of the town file such petitions with the Board of Selectmen prior to the effective date, the proposed action of the Board shall be suspended until the Board holds a public hearing. At least seven days prior notice of the hearing shall be published in the same newspapers. Within one week after such hearing the Board may affirm or void the proposed action; if the Board fails to affirm or void within one week, the proposed action shall stand.

Any regulation prohibiting the parking or standing of vehicles may provide that it does not apply in specified residential areas to any motor vehicle which is (i) registered under Chapter 90 of the General Laws, (ii) principally garaged in the Town of Dedham, and (iii) owned or used by a resident in such area who has filed with the Chief of Police written notice of intention to park in such area and who conspicuously displays notice of the filing on the vehicle; provided, however, that neither filing notice nor displaying notice of the filing shall assign any specific space to any person or vehicle.

The Board of Selectmen may prescribe a schedule of fines not exceeding fifteen dollars ($15.00) for each violation of parking regulations in the calendar year as authorized by General Laws Chapter 90, section 20C. All other violations of regulations adopted hereunder, except as otherwise provided by statute, shall be subject to fines not to exceed fifty dollars ($50.00) for each offense as set forth in the regulations.

   78ATM47 TR 75: Section 9 Adopted.

   96ATM33 TR 30: Section 9 rewritten.

   97ATM38 TR 37: Second paragraph rewritten to change notice requirement from three publications to one and to change petition requirement from 50 voters to 25.

Section 10.   Department of Public Works

a.)    There shall be a department of public works responsible for the performance of all public works related activities of the town. The department of public works shall have all of the duties and responsibilities related to public works activities which prior to the adoption of the charter revisions of 1995 were performed under section 5–2 of the 1974 Dedham Home Rule Charter.

b.)   The department of public works shall be under the direct control and supervision of a commissioner of public works who shall be appointed by and who shall be responsible to the town administrator. The commissioner of public works shall serve for an indefinite term. The commissioner of public works shall be a person especially fitted by education, experience and training to perform the duties of said office. The commissioner of public works shall be responsible for the supervision and coordination of all activities of the department of public works in accordance with state statutes, town by–laws, administrative code and rules and regulations.

c.)    The board of selectmen, acting through the town administrator, shall be responsible for the overall supervision of the department of public works and for the establishment of priorities and policies to govern the operation of the department. The board of selectmen shall establish and set the fees or charges for all services provided by the department of public works.

   96ATM65 TR 56: Section adopted. This section supersedes section 8 (h) of Chapter 177 of the Acts of 1994 (the transitional bylaws accompanying the revisions of the Dedham Home Rule Charter of 1994).

Chapter Twelve ‑‑ Other amendments proposed but not adopted:

   79ATM28: Proposal to add a new "Section 10. Repair of Private Ways." Indefinitely postponed.

   95ATM44: Proposed new section to regulate street and sidewalk openings not approved by Attorney General.

   95ATM58 TR 72: It was so voted that "pending such report [a report of a committee for 'an integrated and comprehensive by‑law relating to the nature, scope, and procedures for repairs to be made on private ways'] to and action by Town Meeting to adopt the following amendment to Chapter XII of the Revised by‑laws, by adding the following new section thereto, at the end thereof, and to be numbered sequentially:

                                  The Commissioner of Public Works may, at his discretion, undertake such action as may be necessary to keep private way which have been open to public use for a period on excess of ten (10) years passable for emergency vehicles.

                                  This by‑law shall not be construed so as to allow complete repaving or rebuilding projects for any private way, nor shall any action undertaken by this by‑law exceed in cost the amount of one thousand five hundred dollars ($1,500) for any given private way in any given fiscal year.

                                                      The liability limit of the Town for any claim arising from any such work on any private shall be five thousand dollars ($5,000)."

CHAPTER THIRTEEN

(Adopted Nov. 16, 1959 59STM1)

(Reenacted April 8, 1996 96ATM33)

POLICE REGULATIONS

Section 1.   Second–Hand Businesses Regulated

a.)    No person shall keep a shop for the purpose of sale or barter of junk, old metal or second–hand articles or be a dealer therein, without first having obtained a license therefor from the Board of Selectmen. Every licensee shall put, in some suitable and conspicuous place in the shop, a sign having the licensee s name and occupation legibly inscribed thereon in large letters.

        Every such shop and all articles of merchandise therein may at all times be examined by the Board or by a person authorized by them to make such examination; and no licensee shall, directly or indirectly, either purchase or receive by barter or exchange, any articles subject to license under this section from a minor person the licensee knows or has reason to believe is under the age of eighteen years; and no article purchased or received shall be sold within one week from the date of its purchase or receipt.

b.)   Any person who shall collect junk, old metal, rags, paper or second–hand articles with or without the use of any vehicle shall be licensed by the Board of Selectmen and shall wear a badge bearing the licensee s name and license number in such form as the Board shall prescribe.

c.)    Every person licensed under this section shall keep a record of every acquisition of any such article, a description thereof, the name, age and residence of the person from whom and the day and hour when it was acquired. Such record shall at all times be open to inspection by the Board of Selectmen or by a person authorized by them to make such inspection.

d.)   Every vehicle of any nature used for the collection of junk, old metal, rags, paper or second–hand articles shall be licensed for that use by the Board of Selectmen and shall have the name of the owner and the number of the license placed upon the outside, and upon each side thereof, in plain legible words and figures of not less than one and one–half inches (1½") in size in such manner that the same may be distinctly seen. The person in whose name a license is taken out for any such vehicle shall be considered the owner of the same until such license is surrendered.

   97ATM45 TR 42: Section 1 rewritten to incorporate former sections 1-6.

(Section 2.   Vehicles Used for Collection of Second–Hand Articles to be Licensed)

   97ATM45 TR 42: Section deleted.

(Section 3.   Collector of Second–Hand Articles to be Licensed)

   97ATM45 TR 42: Section deleted.

(Section 4.   Second–Hand Transactions to be Recorded)

   97ATM45 TR 42: Section deleted.

(Section 5.   Second–Hand Shops to Display Name of Dealer)

   97ATM45 TR 42: Section deleted.

(Section 6.   Second–Hand Shops to be Inspected; No Purchases from Minors)

   97ATM45 TR 42: Section deleted.

Section 7.   Posting of Circulars on Public Ways and Private Premises Regulated

No person, by himself, his agents, servants or employees, shall deposit or place in or upon any street, square, park, common, lane, alleyway or other public way in the Town any placard, handbill, flyer, circular or paper of any kind whatsoever, without having first obtained permission so to do from the Chief of Police, said permission to be on condition that the materials be removed within a reasonable time. The Chief of Police shall determine such reasonable period of time. No person, by himself, his agents, servants or employees shall distribute, deposit or place any such material in or upon or inscribe any figures, words or devices in or upon, any private premises without permission of the owner; provided, however, that such material may be placed within the doors, offices and business houses and at the doors of residences.

   96ATM33 TR 30: Second sentence amended by inserting the word "however" after the word "provided".

Section 8.   Posting of Circulars on Vehicles Regulated

No person, by himself or his agents, servants or employees shall deposit or place in or upon any vehicle parked in any public way in the Town any placard, handbill, flyer, advertisement, circular or paper of any kind whatsoever without the permission of the owner of the vehicle.

   96ATM33 TR 30: Amended by adding at the end of the sentence the words "of the vehicle".

Section 9.   Moving of Buildings on Public Ways Regulated

The Selectmen, before granting a written permission to move a building in any public street or way in the Town shall ascertain if the destruction or injury of any shade or ornamental tree, shrub, or any fixture of ornament or utility, standing in a street, way or enclosure adjoining the same, will be caused thereby, and if in such case, in the opinion of the Selectmen, such permission should be granted they may require the person applying to give satisfactory security to any person owning such trees, shrubs, or fixtures to indemnify him for any damage caused as aforesaid, before giving such permission.

Section 10.   Firecrackers, Discharge of Firearms Prohibited

No person shall at any time fire India crackers, torpedoes, or other explosive articles, or discharge any firearms, cannon or swivel in any street or way, or near any dwelling house, except in performance of some legal duty.

Section 11.   Indecent, Disorderly Conduct Prohibited on Public Ways

No person shall behave in any indecent or disorderly manner, or use profane, indecent or insulting language in any public place or on any sidewalk or street in the Town, to the annoyance or disturbance of any other person there being or passing in a peaceable manner.

(Section 12.   Obstructing Public Foot Passage Prohibited)

   96ATM33 TR 30: Reenacted. Section deleted and disapproved by Attorney General, 9/11/96.

Section 13.   Defacing, Destroying Lawful Notice Prohibited

No person shall willfully or maliciously deface or tear down any bill, placard or notice, posted for a lawful purpose except the same be affixed to premises owned by him or under his control.

Section 14.   Loitering on Stoops, Walls Prohibited

No person shall be or remain upon any doorstep, portico, or other projection from any house or building or upon any wall or fence on or near any street or public place after being requested by any occupant of the premises or by any constable or police officer to remove therefrom.

Section 15.   Sledding on Pubic Ways and Places Regulated

No person shall coast upon any sled or sleds upon any sidewalk or any street or public place except upon such streets or places as the Selectmen may by public notice designate for such purposes.

Section 16.   Dangerous Conduct on Public Ways Prohibited

No person shall kick a football, play ball, play at any game at which a ball of any kind is used, fly kites or throw snowballs in any manner so as to endanger the public health, safety or welfare on any public way of the town, nor shall any person throw stones, sticks or other dangerous missiles, or shoot with bows and arrows or any air gun, or willfully frighten any domestic animals on any public way of the town.

   97ATM47 TR 43: Section rewritten to permit ballplaying that does not endanger public.

Section 17.   Placing Trash, Chemicals Upon Public Way Prohibited

No person shall throw, deposit, sweep or abandon upon any public way or any property owned by or under the control of the town any ashes, dirt, rubbish, filth, refuse or waste matter of any kind, nor any animal or vegetable substance nor any noxious matter. No person shall willfully tip over or upset the contents of any box or barrel containing ashes, house dirt, or rubbish of any kind upon any public way. Any violation of this paragraph shall be punishable by a fine of three hundred dollars ($300).

No person shall rake leaves or other yard materials into any street or way of the Town of Dedham, or cause such leaves or any other yard materials to be placed in any such street or way. Violation of this paragraph shall be punishable by a fine of fifty dollars ($50.00).

   96ATM70 TR 66: Amended to extend to all public property and to set the fine.

   97ATM52 TR 45: Amended to incorporate former section 48.

Section 18.   Indecent Exposure, Graffiti Prohibited

No person shall make any indecent figures or write any indecent or obscene words upon any fence, building or structure in any public place, or wantonly expose his naked person to the view of other persons then and there passing or being in any street or public place, or in or near any dwelling house, or commit a nuisance upon any sidewalk or against any tree, building or structure adjoining the same.

Section 19.   Keeping of Swine Regulated

No person shall keep or maintain any swine within the limits of the Town of Dedham, except in accordance with a permit from the Board of Health.

Section 20.   Slaughter Houses, Piggeries Regulated

No person shall keep or maintain within the limits of the Town of Dedham, a slaughter house, piggery or any other structure which is dangerous to the public health of the inhabitants, or injurious to their comfort or the enjoyment of their estates, except in accordance with a permit from the Board of Health.

Section 21.   Trash Collectors To Be Licensed; No Land To Be Filled With Rubble

No person, unless properly licensed or pursuant to a contract with the town for rubbish removal, shall carry for hire in any vehicle through any public street or way within the limits of Dedham, any ashes, waste paper, rubbish, house dirt, or other refuse material from dwelling houses or other buildings. The fee for each of said licenses shall be ten dollars ($10) and the duration thereof shall not exceed one (1) year from the date thereof, subject to revocation by the licensing authority at any time.

The place of deposit of any material transported under such license shall be designated by the Board of Health. No person shall fill any land in the Town of Dedham with rubble or debris taken from demolished buildings, whether or not said buildings have been demolished in Dedham or elsewhere.

   71ATM38 TR 125:         Fourth sentence added: "No person . . . or elsewhere".

   97ATM48 TR 44: First two sentences rewritten to exempt the town’s contracted rubbish collector and to increase the fee from $0.50 to $10.

Section 22.   Parades, Performances in Public Ways Regulated

No person shall play or perform on any musical instrument, or sing, parade or march in any public way or public place, except in connection with a funeral, without the written permit of the Selectmen.

Section 23.   Evading Taxi, Bus Fare Prohibited

No person shall evade the payment of a fare for the engagement of a vehicle for hire.

Section 24.   Trespassing, Peeping Toms Prohibited

No person shall enter upon the premises of another for the purpose of committing any wanton or malicious act, nor for the purpose or with the intention of invading the privacy of another by peeping into windows of a house or spying upon any person or persons resident therein.

Section 25.   Bonfires in Public Ways Regulated

No person shall make a bonfire in any public way or public place without first having obtained in writing the permission of the Chief of the Fire Department.

Section 26.   Fires, Transport of Inflammable Materials on Public Ways Prohibited

No person shall set fire to or burn, or cause to be moved through any way or street of the Town, any waste material, paper, wood or any inflammable substance on any wagon, cart, buggy, push–cart or on any vehicle, with the intention of setting fire to or burning same on any way or street of the Town.

(Section 27.   Gaming in Public Ways and Places Prohibited)

   97ATM49 TR 44: Section deleted.

Section 28.   Willful Destruction of Public Property Prohibited

No person shall willfully deface or injure any public playground, planting space, flower bed, grass, border, guidepost or guideboard, official sign, post, or signaling device for the direction of traffic, lamp–post or lamp or lantern, or any building, fence, or monument, or other thing situated, erected or made for the use or ornament of the Town.

Section 29.   Climbing Trees in Public Ways and Places Regulated

No person except an employee of the Town or of a telephone, telegraph or electric light company shall climb any tree on any public way or in any public place in the Town without having first obtained permission so to do from the Chief of Police.

Section 30.   Tampering with Public Drinking Fountain Prohibited

No person shall place on or in any drinking fountain, trough or basin of water set up or established in any public way or other public place for the use of man or beast, any dirt, stone, ashes, rubbish, or other material; nor shall any person unnecessarily waste or use the water in such drinking fountain, trough or basin.

Section 31.   Discharge of Firearms Regulated

No person shall fire or discharge any gun, fowling–piece, or firearm within two hundred (200) feet of any street in the Town of Dedham or on any private grounds, except with the consent of the owner thereof; provided, however, that this section shall not apply to the use of such weapons at any military exercise or in the lawful defense of the person, family, or property of any citizen.

   96ATM33 TR 30: Amended by replacing "this by‑law" with "this section".

Section 32.   Soliciting Money in Public Ways, Door–to–Door Regulated

No person shall solicit money on any public way or other public place, or go from house to house for the purpose of soliciting money, or sell any tag, badge, or other article of any intrinsic value for the purpose of obtaining money, without first having obtained permission so to do from the Chief of Police.

Section 33.   Sales Booths in Public Ways and Places Regulated

No person shall place or keep any table, stall, booth, cart or other structure in any public way or other public place in the Town or upon any sidewalk, for the sale of food, fruit, merchandise or other thing, without permission first being obtained from the Chief of Police.

Section 34.   Riding Horse on Sidewalk Prohibited

No person shall ride a horse upon any sidewalk of the Town.

Section 35.   Possession of Toy Pistols on Public Ways Prohibited

No person shall have in possession any toy pistol, cap pistol or device for throwing missiles of any kind, with intent to use the same to the injury of persons or property, nor display such so as to disturb the peace or endanger the public health, safety or welfare upon any public way of the Town.

   97ATM50 TR 44: Section rewritten.

Section 36.   Obstruction of Passage on Public Ways Prohibited

No person shall place or cause to be placed in any public way of the Town any vehicle or anything whatsoever so as to obstruct a free passage of travelers. No person shall allow any property for which he is responsible to remain in any public way more than twenty–four (24) hours after being notified by the Superintendent of Streets or by a police officer to remove it, except that nothing herein contained shall be construed to prevent the use of the streets and sidewalks for building purposes upon obtaining a permit as provided in applicable laws of the "Building Code".

Section 37.   Throwing Snow on Cleared Way Prohibited

No person shall lay, throw, or place, or cause to be laid, thrown or placed, any ice or snow on that portion of any street within the Town which has been cleared or ploughed for travel.

Section 38.   Leakage of Liquids During Transport on Public Ways Prohibited

No person shall transport any liquid, substance or material of any kind in any vehicle on any street within the Town in such a manner that such liquid, substance or material leaks, overflows or falls from such vehicle onto such streets.

Section 39.   Abandonment of Vehicles; Disposition of Non–Operating Vehicles

a.)    The following definitions shall apply in the interpretation and enforcement of this section:

        1.   "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind.

        2.   "Vehicle" shall mean a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides and transport persons or property or pull machinery, and shall include without limitation, automobile, truck, trailer, motorcycle, tractor, buggy and wagon.

        3.   "Street or highway" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

        4.   "Property" shall mean any real property within the Town which is not a street or highway.

b.)   Abandonment of Vehicles. No person shall abandon any vehicle within the Town and no person shall leave any vehicle at any place within the Town for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.

c.)    Leaving of wrecked, non–operating vehicle on street. No person shall leave any partially dismantled, non–operating, wrecked, or junked vehicle on any street or highway within the Town.

d.)   Disposition of wrecked or discarded vehicles. No person in charge or control of any property within the Town, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any partially dismantled, non–operating, wrecked, junked or discarded vehicle to remain on such property longer than fourteen (14) days; and no person shall leave any such vehicle on any property within the Town for a longer time than three (3) days; except that this section shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Town.

e.)    Impounding. The Chief of Police or any member of his Department designated by him is hereby authorized to remove or have removed any vehicle left at any place within the Town which reasonably appears to be in violation of this section or lost, stolen, or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with Massachusetts General Laws Chapter 135 relative to unclaimed and abandoned property.

f.)    Penalties. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding Fifty Dollars ($50.00) or be imprisoned for a period not exceeding thirty days (30) or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.

   65ATM51 TR 125:         Section 39 adopted.

   96ATM33 TR 30: Subsections renumbered (a) through (f); first sentence of subsection (a), first sentence of subsection (d), first sentence of subsection (e), and first sentence of subsection (f) amended by replacing "this by‑law" with "this section."

Section 40.   Use of Motorized Recreational Vehicles Regulated

Motorized recreational vehicles, including trail bikes, snowmobiles, mini–cars, and other off–road vehicles, may not be used on public property unless the agency in charge thereof shall have opened the land for the use of such vehicles and shall have erected signs stating that such uses are permitted. Said vehicles may not be used on private property without the permission of the owner or tenant. Permission may be given in advance and may be given to an individual or club, or by the posting of appropriate permission signs by the owner or a person authorized by him. No person shall operate such vehicles within five hundred (500) feet of an occupied residence without the permission of the owner or tenant, except in cases of emergency, or except directly to depart from and return to such residence.

Operators of motorized recreational vehicles must conform with other prevailing laws and regulations.

   74ATM38 TR 154:         Section 40 adopted.

Section 41.  Consuming Intoxicating Beverages Within Public Way or on Public Property Prohibited; Disorderly, Offensive Conduct Prohibited

a.)    Whoever shall, within the limits of any public way located within the Town, whether that public way be a town way, county highway, state highway, or a private way open to the public, consume intoxicating beverages, shall be punished by a fine not exceeding twenty–five dollars ($25.00). This section shall also be construed so as to prohibit the following: The consumption of intoxicating beverages by any person while such person is standing, sitting, walking, running or otherwise present within such way or is within any vehicle, whether parked or moving, which is within the limits of such public way.

b.)   Drunkenness, breach of the peace, profanity or other disorderly conduct offensive to the general public are strictly forbidden. Possession of alcoholic beverages in unsealed containers, or the drinking of alcoholic beverages in any public building or on any public property, including parks, cemeteries, school houses and school grounds, and public squares or public ways is forbidden.

c.)    The foregoing paragraphs (a) and (b) shall not apply to any activity duly licensed by the Board of Selectmen under the applicable provisions of the Massachusetts General Laws.

d.)   It shall be the duty of any police officer of the Town to arrest any person who violates the provisions of paragraphs (a) and (b) and to cause such person to be brought before a Justice of the District Court of Northern Norfolk, Dedham, Massachusetts upon a complaint for violation thereof.

   74ATM39 TR 155:         Section 41 adopted.

   76STM15 TR 159:          Amended by deletion. New Section 41 adopted.

   80ATM31 TR 82: Subsection (b) rewritten.

Section 42.   Retail Sale of Food and Alcoholic Beverages Regulated

No person shall sell at retail between the hours of 12 midnight and 6:00 A.M. any food.

The term food as used in this section shall include any article or commodity, however stored or packaged, intended for human consumption and shall include alcoholic beverages to be consumed off the premises at which they are sold, unless any other law or permit or license granted to the seller of such beverages shall otherwise provide.

This section shall not apply to the sale of food or alcoholic beverages to be consumed on the premises on which they are sold when such sale is by a licensed common victualler primarily engaged in the sale of food to be consumed on such premises.

Persons found guilty of violating this section shall pay a fine of fifty dollars ($50). For purposes of this section each separate sale shall be deemed a separate offense. In the event of sale of several items or articles at one time to one customer, only one sale shall be deemed to have taken place.

   76ATM28 TR 135:         Section 42 adopted.

   96ATM33 TR 30: Amended by replacing two instances of "this by‑law" to "this section".

Section 42A.   Hours of Retail Sales Regulated

No store or place of business engaged in the retail sale of any commodity except fuel products shall be open for the transaction of retail business between the hours of 12 midnight and 6:00 A.M.

This section shall not apply to the sale of food or alcoholic beverages to be consumed on the premises at which they are sold or to be consumed off the premises on which they are sold when such sale is by a licensed common victualler primarily engaged in the sale of food to be consumed on such premises.

This section shall not be deemed to repeal or replace Section 42 of Chapter Thirteen of the Revised By–Laws and each by–law shall be deemed separately enforceable. An adjudication that Section 42 or Section 42A of Chapter Thirteen of the Revised By–Laws or any part of either such section is unconstitutional or invalid shall not operate to affect the constitutionality or validity of the other by–law or any part thereof which can be given effect without the provision deemed unconstitutional or invalid.

Violators of this section shall be subject to a fine of fifty dollars ($50.00) for each violation. In case of continuing violation, every calendar day upon which a store shall remain open shall be deemed a separate offense.

   75ATM28 TR 135:         Section 42A adopted.

   79STM8 TR 71: First paragraph amended by replacing "food" with "any commodity except fuel products".

   96ATM33 TR 30: Amended by replacing all instances of "this by‑law" with "this section".

Section 43.   Security Alarm Systems Regulated; False Alarm Penalties

a.)    For the purpose of this section the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

1.    The term "Alarm System" means an assembly of equipment and devices or a single device such as a solid state unit which plugs directly into a 110 volt AC line, arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. Fire Alarm Systems and alarm systems which monitor temperature, smoke, humidity or any other condition not directly related to the detection of an unauthorized intrusion into a premises or an attempted robbery at a premises are specifically excluded from the provisions of this section. The provisions of subsection (c) of this section shall not be applicable to municipal, county and state agencies.

2.    False Alarm means

              i.)   the activation of an alarm system through mechanical failure, malfunction, improper installation or negligence of the user of an alarm system or of his employees or agents, or

              ii.)  any signal or oral communication transmitted to the Police Department requesting or requiring, or resulting in a response on the part of the Police Department when in fact there has been no unauthorized intrusion, robbery, or burglary, or attempt thereat.

              For purposes of this definition activation of alarm systems by acts of God, including but not limited to power outages, hurricanes, tornadoes, earthquakes and similar weather or atmospheric disturbances shall not be deemed to be a false alarm.

b.)   Signals emitted by alarm systems shall be controlled and curtailed as follows:

1.    Every alarm user shall submit to the Chief of Police the names and telephone numbers of at least two persons who are authorized to respond to an emergency transmitted by the alarm system, and who can open the premises wherein the alarm system is installed.

2.    All audible alarm systems installed after the effective date of this section which use an audible horn or bell shall be equipped with a device that will shut off such horn or bell within ten (10) minutes of the activation of the alarm system.

3.    Any alarm system emitting a continuous and uninterrupted signal for more than fifteen (15) minutes which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated under paragraph 1 of this subsection and which disturbs the peace, comfort, or repose of a community, a neighborhood, or a number of the inhabitants of the area where the alarm system is located, shall constitute a public nuisance.

       Upon receiving complaint of such a continuous and uninterrupted signal, the Chief of Police shall endeavor to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user under paragraph 1 of this subsection, in an effort to abate the nuisance. If such efforts do not result in the silencing of the alarm within thirty (30) minutes of its activation, the Police Chief may, at the expense of the owner, order its deactivation using whatever means may be appropriate to the occasion.

       The Police Chief shall cause to be recorded the names and addresses of all complainants, and the time of each complaint.

c.)    Upon receipt of three or more false alarms within a calendar year the Police Chief may

              i)    order the user to discontinue the use of the alarm, and

              ii)   disconnect any direct connections to the Police Department, and

              iii)   order that further connections to the communications console in the Police Department be contingent upon the user equipping any alarm system with a device that will shut off any audible horn or bell within ten (10) minutes after activation of the alarm system.

        The user shall be assessed twenty–five dollars ($25.00) as a false alarm service fee for each false alarm in excess of three occurring within a calendar year. All fees assessed hereunder shall be paid to the Town Treasurer for deposit to the general fund.

   78ATM46 TR 76: Section 43 Adopted.

   79ATM24 TR 107:         The last sentence of subsection a.1 (formerly Subsection 1(a) (1)) amended by striking out "apply to all user" and replacing with "not be applicable to municipal, county and state agencies".

   81STM10 TR 119:          Subsection b (formerly Section 2) rewritten.

   96ATM33 TR 30: Section 43 reformatted and subsection references changed; all instances of "this ordinance" and "this by‑law" replaced with "this section"; subsection a.2.i amended by replacing the final period with "or"; subsection c.i and c.ii amended by replacing "may" with "and".

Section 44.   Trespass upon Parks After Hours Prohibited

a.)    No person shall trespass upon any park, playground, reservation or other area under the control of the Parks and Recreation Commission between the hours set by the Commission. Violation of this paragraph shall be punishable by a fine of fifty dollars ($50.00).

b.)   No person shall trespass upon properties of the Parks & Recreation Commission known as Memorial Park, Condon Park, Fairbanks Park, Paul Park, or Churchill Park between sunset and sunrise; if, on any given evening, an activity, sanctioned by the Commission is in progress under the lights at Memorial or Condon Park, the presence of any individual on the property will constitute trespass beginning fifteen (15) minutes after "lights out." Violation of this section shall be punishable by a fine of one hundred dollars ($100).

   79STM6 TR 71:   Section 44 adopted.

   97ATM51 TR 44: Section rewritten to incorporate former section 59.

(Section 45.   Obstructing Passage on Public Ways Prohibited)

   79STM9 TR 71:    Section 45 adopted.

   96ATM33 TR 30: Reenacted . Section deleted and disapproved by Attorney General.

Section 46.   Retail Promotional Events Regulated

No person shall cause or allow to be held in the Town of Dedham any "personal appearance" or other retail, promotional event involving musical, media or other celebrities or personalities without first having secured at least thirty days prior thereto a valid permit for said appearance from the office of the Board of Selectmen. The fee for such permit shall be ten dollars ($10.00). This section shall not apply to paid appearance or performances by such persons at schools, restaurants, theaters, churches, or other similar places normally considered to be legitimate places of public assembly.

   79ATM22 TR 107:         Section 46 adopted.

   97ATM30 TR 36: Section rewritten to change permitting authority from Board of Selectmen to Town Administrator and to change fee from $10 to $25. By letter of August 4, 1997, the Attorney General disapproved the amendment as unconstitutionally vague.

Section 47.   Dumpsters Regulated

All dumpsters placed within the Town of Dedham must be approved for sanitary purposes by the Board of Health, and for location, construction and fire rating of proper screening by the Inspector of Buildings. Screening shall consist of a six–foot fence or other approved barrier surrounding the dumpster(s). All dumpsters placed in the Town of Dedham shall require a permit issued by the Inspector of Buildings, the fee for which shall be twenty dollars ($20.). Dumpsters placed within the Town for construction purposes, for a period not to exceed six months, shall not be affected by this section.

Failure to comply with the provisions of this section shall be punishable by a fine of fifty dollars ($50.00) for each violation, and each day in which such failure to comply may occur shall be a separate violation.

   79ATM23 TR 107:         Section 47 adopted.

   82ATM15 TR 84: Second paragraph adopted.

(Section 48.   Raking Yard Waste onto Public Way Prohibited)

   79ATM25 TR 108:         Section 48 adopted.

   97ATM52 TR 45: Substance of section incorporated into section 17 and section 48 deleted.

Section 49.   Restaurant Sewage Disposal Regulated

Any restaurant or dining room to be constructed or altered, seating fifty (50) persons or more, that is connected to a public sewer or sanitary disposal works system, shall be required to install an outside grease trap as provided in Regulation 5 of Title 5, State Sanitary Code, M.G.L. Chapter 30A, as amended, and no such restaurant or dining room shall discharge into the public sewer system garbage in any form.

   79ATM26 TR 108:         Section 49 adopted.

   96ATM33 TR 30: Amended by replacing "that such restaurant or dining room be prohibited from discharging" with "no such restaurant or dining room shall discharge".

Section 50.   Fines for Violations of Truck Ban

Schedule of fines for violations of a truck ban restriction in the Town of Dedham:

First offense ...........................................................................  $ 25.00

Second offense ......................................................................  $ 50.00

Subsequent offense during any twelve month period ...............  $100.00

   79ATM56 TR 115:          Section 50 adopted.

Section 51.   Fire Lanes Established; Obstruction of Fire Lane Prohibited

a.)    The Fire Chief or his designee pursuant to G.L. Chapter 40 Section 21 (14) may establish fire lanes as a means of access for fire apparatus to any building, and may require the owner of such property to post "No Parking" signs and appropriate pavement markings at designated places on such fire lanes.

b.)   No person shall by any means, including a parked vehicle, obstruct or block a private way so as to prevent the access of fire apparatus to any building.

c.)    It shall be unlawful to obstruct or park a vehicle in any fire lane established by the Fire Chief under paragraph (a) of this section. Such a fire lane shall constitute an access area to be established at the discretion of the Fire Chief or his designee.

d.)   Any person who shall refuse to post such signs or appropriate pavement markings as may be ordered by the Fire Chief or who violates any provisions of signs posted in accordance with the order of the Fire Chief shall be subject to a fine of $300.00 per day for each and every such violation or noncompliance. Such fines may be enforced by non–criminal complaint pursuant to the provisions of Mass. G.L. c.40, §21D and Chapter 1, Section 6 of the Revised By–Laws of the Town of Dedham by the Fire Chief or any police officer.

e.)    The Chief of Police or any member of his department designated by him is hereby authorized to remove or have removed any unattended vehicle within a fire lane established under this section. Such vehicle may be towed and impounded until the costs of towing, impounding and other fines are paid.

   80ATM41 TR 89: Section 51 adopted.

   91ATM22 TR 89: The phrase "or his designee" added in paragraph 1. Range of fines in paragraph 4 changed to $25-$100.

   96ATM33 TR 30: Subsection 2 rewritten; subsection 3 amended by replacing "It shall be unlawful to" with "No person shall".

   99ATM26 TR __: Section 51 rewritten to increase Fire Chief discretion in designating a fire lane and to provide non-criminal enforcement and increase of fines.

Section 52.   Handicapped Parking Areas Established; Misuse Prohibited

a.)    Owners or persons in control of private ways or improved or enclosed property used as off–street parking areas for businesses, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, or other places where the public has a right of access shall reserve parking spaces in said off–street parking areas for any vehicle owned and operated by a disabled veteran or handicapped person whose vehicle bears the distinguishing license plate authorized by section two of Chapter ninety in accordance with the provisions of Chapter 40, Section 21 (23).

b.)   No person other than a disabled veteran or handicapped person shall park or leave a vehicle unattended within parking spaces designated as reserved for vehicles owned and operated by disabled veterans or handicapped persons as authorized by clause 23 of section 21 of Chapter 40 or in such manner as to obstruct a curb ramp designed for use by handicapped persons as a means of egress to a street or public way.

c.)    The penalty for violation of this section shall be fifty dollars ($50.00).

   82STM22 TR 92: Section 52 adopted.

   91ATM22 TR 89: Penalty in paragraph 3 set at $50.

   96ATM33 TR 30: Subsection 3 amended by replacing "this article" with "this section".

Section 53.   Parking of Commercial Vehicles in Residential District Regulated

No person shall park, or cause to be parked, at any location on any public way within the Town of Dedham located within or abutting a residential district, any commercial vehicle of more than two and one–half tons gross vehicle weight, for any period in excess of four hours, unless said vehicle is actually in the process of loading, unloading, or providing some discernible service to one or more adjacent residential properties.

Violation of this section shall be punishable by a fine not to exceed fifty dollars ($50). Each day such violation exists shall be construed a separate violation.

   82ATM14 TR 84: Section 53 adopted.

Section 54.   Selling and Soliciting Money Upon or Abutting Public Ways Regulated

No person shall sell any commodity whatsoever or solicit monies for any purpose whatsoever upon any public way or upon land abutting any public way in the Town of Dedham, unless:

a.)    said party has been duly licensed, at least ten (10) days in advance of the date(s) of such sale or solicitation, by the Board of Selectmen; under the provisions of M.G.L., Chapter 101 Sections 17 and 22. The Selectmen may impose such restrictions as to location, hours, etc. as they may deem appropriate, and in appropriate cases may impose a license fee not to exceed twenty–five dollars ($25.00); or

b.)   said sale or solicitation is conducted by a person who has a legitimate place of business, legally situated, in the Town, and said sale or solicitation is conducted upon the property appurtenant to that place of business or the public way adjoining, if approved in writing by the Chief of Police (see sections 32 and 33, above); or

c.)    said sale constitutes a "yard sale" or "garage sale" so–called, and is conducted on residential premises by the legal owner thereof; this provision is limited to three such sales in any year all such sales in excess of three in any year shall fall under the licensing provisions of (a) above; or

d.)   said solicitation is conducted by a bona–fide charitable or non–profit or public service agency which has given written notice to the Board of Selectmen of the dates of such solicitation, and registered all its agents and workers with the Chief of Police; such agencies or organizations which are legitimately and permanently headquartered in the Town of Dedham need only give notice to the Board of Selectmen.

   86ATM31 TR 77: Section 54 adopted (April 15, 1986) and approved by Attorney General May 30, 1986.

   96ATM33 TR 30: Paragraphs (a) through (c) amended by replacing the final period with "or".

Section 55.   No Liquor License To Be Held Where Sexual Conduct Permitted

The following acts of conduct in or on premises licensed in accordance with the General Laws, Chapter 140, section 181 or 183A are deemed contrary to the public need and to the common good, and therefore no license shall be held for the sale of alcoholic beverages to be served and drunk on the licensed premises where such acts or conduct are permitted.

a.)    It is forbidden to employ or permit any person in or on the licensed premises which such person is unclothed or in such attire as to expose to view any portion of the areola of the female breast or any portion of the pubic hair, cleft of the buttocks, or genitals.

b.)   It is forbidden to employ or permit any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire as described in paragraph (a) above.

c.)    It is forbidden to encourage or permit any person in or on the licensed premises to touch, caress or fondle the breasts, buttocks or genitals of any other person.

d.)   It is forbidden to employ or permit any person to wear or use any device or covering exposed to view which simulates or stimulates the breasts, buttocks, pubic hair or genitals or any portions thereof.

e.)    It is forbidden to employ or permit any person in or on the licensed premises to perform an act or acts, or to simulate the act or acts, of:

        1.   Sexual intercourse, masturbation, sodomy, flagellation or any sexual acts prohibited by law;

        2.   Touching, caressing or fondling of the breasts, buttocks or genitals of another.

   89ATM41 TR 70: Section 55 adopted.

   97ATM44 TR 42: Subsection (d) amended to include the word “simulates”.

Section 55A.   Visual Displays of Sexual Conduct Prohibited

It is forbidden to employ or permit any person in or on the licensed premises to show motion picture films, television tape cassettes, still pictures or other photographic reproductions depicting any of the acts, or any simulation of any of the acts, prohibited in Section 55.

   89ATM41 TR 70: Section 55A adopted.

Section 55B.   Violators of Laws Barred From Licensed Premises

Notwithstanding any of the foregoing, no person duly licensed by the Licensing Board for the Town under the General Laws, Chapter 140, section 181 or section 183A and/or Chapter 138, section 1, 12 or 23 shall employ, use the services of, or permit upon his licensed premises any employee, entertainer or other person who by his or her attire or conduct violates any General Laws, Special Act, or by–law of the Town.

   89ATM41 TR 70: Section 55B adopted.

   96ATM33 TR 30: Amended by replacing "ordinance" with "by‑law"; and by replacing "181 of section" with "181 or section".

Section 56.   Sale of Imitation Handguns Regulated

No firm or business shall sell or offer for sale, possess or use or attempt to use or give away, any toy or imitation pistol or revolver which substantially duplicates an actual pistol or revolver, unless said imitation or toy pistol or revolver shall be colored in colors other than black, silver, blue or aluminum, and further provided that the barrel of said toy or imitation shall be closed with the same material of which imitation is made. It shall not be a violation of this section to possess an imitation pistol or revolver for use in a theatrical or television production.

   89ATM51 TR 72: Section 56 adopted.

   96ATM33 TR 30: Amended by replacing "this by‑law" with "this section".

Section 57.   Operating Hours Under Licenses Regulated

Unless otherwise restricted, no holder of a license issued by the Town of Dedham, pursuant to Massachusetts General Laws, Chapter 140, Sections 177A, 181 and 183A, shall permit any activity licensed thereunder to be conducted between the hours of 1:00 A.M. and 6:00 A.M.

   11/6/89STM4 TR 77:     Section 57 adopted.

Section 58.   Sales of Novelties Prohibited

No business or individual shall offer for sale within the Town of Dedham any device or commodity which shall constitute a "stink bomb," "smoke bomb," or "silly string" — however such device or commodity may be titled or under whatever name it may be marketed.

Violation of this section shall be punishable by a fine of fifty dollars ($50.00).

   2/7/94STM9 TR 11: Section 58 adopted.

(Section 59.   Trespass Upon Public Parks Prohibited)

   95ATM38 TR 25: Section 59 adopted.

   97ATM51 TR 44: Substance of section 59 incorporated into section 44 and Section 59 deleted.

Section 60.   Strings of Lights

Outdoor strings or series of lights, accessory to any commercial use, comprising no message and not permanently mounted on a structure, are prohibited; provided, however, that such lights may be permitted by the Building Commissioner up to three (3) times per year for periods of not more than thirty (30) consecutive days as part of a temporary holiday decoration.

   98ATM23 TR 37: Section 60 adopted.

Section 61.   Sound Equipment, Alarms Regulated

No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary equipment, service, or maintenance or to take necessary precautions cause, suffer, allow, or permit unnecessary emissions from said source of sound that may cause noise.

The aforementioned section shall pertain to, but not be limited to, prolonged unattended sounding of burglar alarms for periods longer than fifteen (15) minutes, construction and demolition equipment which characteristically emit sound but which may be fitted and accommodated with equipment such as enclosures to suppress sound or may be operated in a manner so as to suppress sound, suppressible and preventable industrial and commercial sources of sound, and other man–made sounds that cause noise.

Said Section shall not apply to sounds emitted during and associated with:

(a)   parades, public gatherings, or sporting events, for which permits have been issued provided that such parades, public gatherings, or sporting events in one city or town do not cause noise in another city or town;

(b)   emergency, police, fire and ambulance vehicles;

(c)   police, fire , and civil and national defense activities;

(d)   domestic equipment such as lawn mowers and power saws between the hours of 7:00 a.m. and 9:00 p.m.,

(e)    and snow and ice removal equipment such as snowplows and snow blowers.

Violation of this provision shall be by non–criminal disposition pursuant to the provisions of Mass. G.L., c.40, Section 21D and Chapter 1, Section 6 of the Revised By–Laws of the Town of Dedham. For purposes of non–criminal disposition, the penalty to apply in the event of a violation shall be $300. Each day on which a violation exists shall be deemed to be a separate offense.

   99STM8 TR __: Section 61 adopted.

Section 62.  Regulation of News Boxes Within the Public Way

For the purposes of this section news box shall mean a vending machine used for the sale and/or distribution of newspapers or similar printed material. It is not the intent of this section to prohibit or interfere with the dissemination of information protected under the United States or State constitutions, but simply to ensure that the location of news boxes protects the public safety of the Town of Dedham. The location of news boxes within a public way shall conform to the following regulations:

(a)                No news box shall be located within one hundred (100) feet of any school bus stop;

(b)               No news box shall be located within ten (10) feet of any fire hydrant, fire or police alarm box or other emergency facility;

(c)                No news box shall be located in such a manner to obstruct the clear movement of pedestrians on a sidewalk;

(d)               No news box shall be located on a public way on which parking is prohibited;

(e)                Each news box shall have affixed thereto the name and address of the owner thereof;

(f)                 Any news box which remains empty and unused as a news box for more than sixty (60) days shall be removed by the owner thereof upon written notice to the owner by addressing the same to the name and address affixed to said news box. If said news box is not removed within ten (10) days of said notice, the Town may remove same. If no name and address are affixed to a news box which has remained empty and unused as a news box for more than sixty (60) days, the Town may post notice on said news box and remove same after ten (10) days from the posting of said notice,

01STM04  TR  64 – New section (62) added regarding regulation of newspaper boxes

Chapter Thirteen ‑‑ Other amendments proposed but not adopted:

   70ATM72 TR 125:         Proposed by‑law for the open incineration of leaves referred to Anti‑Pollution Committee.

   71ATM11 TR 128:          Proposed by‑law concerning waste disposal baskets in public markets referred to Anti‑Pollution Committee.

   73ATM11 TR 119:          Proposed amendment to Section 22 indefinitely postponed.

   75ATM42 TR 129:         Proposed "Smoking Prohibited" by‑law indefinitely postponed.

   76ATM8 TR 131: Proposed amendment to Section 41 indefinitely postponed.

   77STM19 TR 193:          Proposed Alarm System By‑Law indefinitely postponed.

   80ATM32:             Proposed ban on political signs indefinitely postponed.

   80ATM28:             Ban use of town vehicles for personal purposes indefinitely postponed.

   7/21/86STM17 TR 81:  Proposed ban on serving or consuming alcoholic beverages by common victualler without liquor license, indefinitely postponed.

   89ATM40 TR 70: Proposed ban on entertainment between 12:30 A.M. and 6:00 A.M. voted but disapproved by Attorney General.

   92ATM21 TR 58: Proposed requirement for fences around properties with outdoor swimming pools, indefinitely postponed.

   92ATM23 TR 59: Proposed licensing of solicitors and canvassers to replace Section 32, indefinitely postponed.

   92ATM25 TR 62: Proposed requirement for property owners to clear snow and ice from sidewalks, indefinitely postponed.

   97ATM39 TR 38: Proposed dangerous animal by-law indefinitely postponed.

   98ATM25 TR 38: Proposed prohibition of smoking “within any place to which the public is invited” indefinitely postponed.

   99ATM30 TR __: Proposed new section to prohibit “hand held litter” indefinitely postponed.

     99ATM34 TR __: Proposed new section to prohibit sale of tobacco products to persons under age of twenty-one indefinitely postponed

CHAPTER FOURTEEN

(Adopted 59ATM)

(Reenacted April 8, 1996 96ATM33)

(Replaced April 8, 1996 96ATM66)

PERSONNEL, WAGE AND SALARY ADMINISTRATION PLAN

(Available separately)

M.G.L. Ch. 41, Sec. 108A

The Personnel, Wage and Salary Administration Plan has been amended yearly since adoption. The individual changes are listed in Town Reports for each year, and a summary may be obtained from the Office of the Town Counsel or Town Clerk.

CHAPTER FIFTEEN

(Adopted 59ATM)

PLUMBING LAWS

M.G.L. Ch. 142, Sec. 13

   61ATM63 TR 63 TR 79, 118:        Section 19 amended.

   63ATM41 TR 86, 137:                   Section 19 amended.

   67ATM62 TR 134:                          Gas Fitting fees amended.

   68ATM55 TR 144:                          Ch. Fifteen deleted and new fee schedule adopted.

CHAPTER FIFTEEN

(New Chapter Adopted November 14, 1988 STM17)

(Reenacted April 8, 1996 96ATM33)

(Amended April 8, 2002,  02ATM33)

SEWERAGE SYSTEM

Section 1.   Administration

a.)    The sewer functions and services, including maintenance of the sewers and sewerage systems shall be performed by the Department of Public Works in accordance with the rules and regulations of the Massachusetts Water Resources Authority including, but not limited to, the requirements of 360 CMR 10.000 and regulations in amendment thereof.

b.)   The Town Administrator shall have and exercise all the powers vested in the Town by the General Laws or special acts pertaining to the sewer systems. The Administrator or the Administrator's designee may appoint such officers, agents and assistants as shall be necessary to accomplish the administration of the sewerage systems.

c.)    The Town Administrator shall have the authority and the duty to adopt, issue and administer rules and regulations for the administration and operations of the sewer functions and services, and all subjects related to the functioning of the sewerage system.

d.)   The following discharges are specifically prohibited:

        1.   Ground, storm and surface waters, roof and surface runoff, tidewater, and subsurface drainage.

        2.   Non–contact Cooling Water and non–contact industrial process waters or uncontaminated contact Cooling Water and uncontaminated industrial process waters.

        3.   Fuel oils, crude oils, lubricating oils or any other oils, or greases of hydrocarbon or petroleum origin, in excess of 15 milligrams per liter.

        4.   Any liquids, solids or gases which by reason of their nature and quantity are, or may be sufficient either alone or by interaction with other substances to cause fire or explosion or be injurious in any other way to the Authority Sewerage System or Receiving Waters. At no time shall a reading on an explosion hazard meter at the point of discharge to the Sewer or at any point therein exceed 10 percent of the lower explosive limit of the meter. Substances regulated hereby include, but are not limited to, gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides and methyl ethyl ketone and any other substances which the Authority, Department of Environmental Protection, local Municipality or EPA has notified the User is a fire hazard or a hazard to the Authority Sewerage System or Receiving Waters.

        5.   Any noxious or malodorous liquids, gases, or solids which either singly or by interaction with other Wastes are sufficient to create a public nuisance or are sufficient to prevent entry into the Sewers for maintenance and repair.

        6.   Waters or Wastes having a pH lower than 5.5 or higher than 10.0 or having other corrosive or injurious properties capable of causing damage or hazard to structures, equipment, Sewerage Systems and personnel. If National Pretreatment Standards promulgated by the EPA impose more stringent standards, affected Users within that category must comply with the more stringent limitations.

        7.   Waters or Wastes which adversely affect the Authority's ability to dispose of its Wastewater Residuals in an environmentally sound and economic manner in accordance with applicable state and federal requirements.

        8.   Solids or viscous substances in quantities or of such size as to be capable of causing obstruction to the flow in Sewers, or other Interference with the proper operation of the Sewerage System, such as, but not limited to, sand, mud, metal, glass, wood, plastics, Improperly Shredded Garbage, rubber, latex, lime or other slurries, grease, animal guts or tissues, bones, hair, hides or fleshings, entrails, feathers, ashes, cinders, stone or marble dust, straw, shavings, grass clippings, rags, spent grains, spent hops, tar, asphalt residues, residues from refining or processing of fuel or lubrication oil, or glass grinding or polishing Wastes.

        9.   Liquids or vapors having a temperature higher than 82 degrees Centigrade or 180 degrees Fahrenheit unless the Authority approves alternative temperature limits but in no case heat in such quantities that it may cause the temperature at the Authority Sewage Treatment Facility to exceed 40 degrees Centigrade or 104 degrees Fahrenheit.

        10. Waters or Wastes containing fats, wax, grease or oils, not specifically prohibited in 360 CMR 10.023(3) in excess of 100 mg/l or containing other substances which may solidify or become viscous at temperatures between 32 degrees Fahrenheit or 0 degrees Centigrade, and 180 degrees Fahrenheit or 82 degrees Centigrade. Waters or Wastes containing such substances, excluding normal household Waste, shall exclude all visible floating oils, fats and greases. The use of chemical or physical means to bypass or release fats, oils, and greases into any Sewers is prohibited. If the discharge concentration for any fats, oils or greases is in excess of 100 mg/l after treatment, the Authority may increase the discharge concentration limit on a case–by–case basis, if the Authority and appropriate Municipality are satisfied that such discharge is not contributing to nuisance conditions or adverse impact on the Sewerage System or Receiving Waters.

        11. Waters or Wastes containing amounts of toxic or objectionable metals or non–metals in excess of the limits contained herein or as designated by the Authority or in the Sewer Use Discharge Permit; such designations shall be made in accordance with the criteria contained in 360 CMR 10.021.

        12. Radioactive Wastes or isotopes of such half–life or concentrations as may exceed limits established by federal or state regulations.

        13. Sludge as defined herein.

        14. Substances exerting or causing turbidity or discoloration in such quantities as to change noticeably the color of the Wastewater at the Sewage Treatment Facility including, but not limited to, dye waters and vegetable tanning solutions.

        15. Slugs as defined herein.

        16. Hazardous Waste or Wastewater resulting from treatment of hazardous or Toxic Wastes, as designated under state and federal law, and discharged to the Authority Sewerage System by dedicated pipe, truck or rail.

        17. Septage originating from outside the Authority Sewerage District, or Septage containing any form of hazardous Waste, or Septage from haulers other than those listed pursuant to 360 CMR 10.042(3).

        18. Discharges containing pathogenic organisms in such quantities as determined by appropriate local, federal and/or state officials to be a hazard to public health.

        19. Filter backwash from industrial Pretreatment processes or Wastewater treatment plants unless specifically authorized by the Authority.

e.)    Any discharge of the following materials is prohibited:

        1.   Mercury;

        2.   PCBs;

        3.   Pesticides, including, but not limited to, Dieldrin, Chlordane, 4–4 DDT, Demeton, Endosulfan I, Endosulfan II, Endrin, Guthion, Heptachlor, Malathion, Methoxychlor, Mirex, Parathion, and Toxaphene.

f.)    No person shall discharge into the Sewerage System any waters or Waste containing concentrations of the following materials in excess of the following values:

                        Material                                                           Daily Average Limit mg/l

                        Antimony                                                                                       10.0

                        Arsenic (III)                                                                                    0.5

                        Boron                                                                                              5.0

                        Cadmium                                                                                         0.1

                        Chromium (VI)                                                                                0.1

                        Copper                                                                                           1.5

                        Cyanide (total)                                                                                 0.5

                        Lead                                                                                               0.4

                        Nickel                                                                                             1.0

                        Selenium                                                                                          5.0

                        Silver                                                                                               2.0

                        Zinc                                                                                                 1.0

                        Total Chromium                                                                               1.0

                        Acrolein                                                                                          5.0

                        Aldrin                                                                                              0.1

                        Chlorinated Naphthalenes                                                                0.8

                        Tetrachlorodiphenylethane (TDE)                                                     0.3

                        DDE                                                                                               1.5

                        Fluoranthene                                                                                    1.5

                        Hexachlorobutadiene                                                                       3.5

                        Hexachlorocyclohexane

                           Lindane                                                                                      0.01

                           BHC                                                                                          0.03

                        Hexachlorocyclopentadiene                                                             0.7

                        Pentachlorophenol                                                                         0.05

                        Phenol                                                                                             5.0

                        Phenolic Compounds (as defined herein)                                          0.5

                        TTO (any one Toxic Organic not elsewhere limited                           5.0

                        in these regulations may not exceed 1.0 mg/l)

g.)    The attempt to achieve compliance with the discharge limitations of these regulations by dilution, including increased use of process water, as a substitution for adequate treatment is prohibited.

   96ATM33 TR 30: Paragraph 4 of subsection 1.3 corrected by replacing "DEQE" with "Department of Environmental Protection".

   96ATM59 TR 51: Town Administrator substituted for Board of Selectmen.

Section 2.   Operations

a.)    Applications for sewer use permits, discharge permits, septage permits, signed by the owner(s) of the premises to be benefited, or by his/their agent, must be made at the office of the department. The application shall contain such information as shall be prescribed by the Board of Selectmen.

        Mainline sewer extensions shall be authorized by Town Meeting Vote or by Subdivision approval of the Planning Board and shall be installed only under the supervision of the Department and Town Engineer.

b.)   Service pipes shall be of such size and material as the department shall determine on each application. The Department of Public Works, or its designee shall furnish, install and maintain the same from street main to property line at the expense of the property owner. The sewer connection from the service box may be furnished and installed by any competent person whose work shall be satisfactory to the department or its inspector. The department may lay service pipe from property line to and through the cellar wall. An estimate of the cost from street main to inside of foundation shall be made and the amount shall be deposited with the Town Treasurer before the work is begun.

        The Board of Selectmen with the assistance of the Commissioner of Public Works shall establish, amend and promulgate local limits and regulations consistent with MWRA regulations and guidelines for particular sewer connections, sewer use permits, discharge permits and septage permits.

c.)    By regulation the Board of Selectmen with the assistance of the Commissioner of Public Works shall establish limits and conditions on the issuance of sewer connections and discharge permits including but not limited to:

        1.   Limits on rate, time and characteristics of discharge or requirements for flow regulation and equalization.

        2.   Installation of inspection, flow measurement and sampling facilities, including access to such facilities.

        3.   Specifications for monitoring programs which may include flow measurement, sampling, chemical and biological testing, recording of data and a reporting schedule.

        4.   Pretreatment requirements and schedules for implementation, including schedules for reporting progress toward meeting these requirements.

        5.   Submission of discharge reports.

        6.   Special service charges or fees.

        7.   A requirement that operators of individual Wastewater Pretreatment facilities possess the appropriate operators' licenses required by applicable state law or regulations.

        8.   Other conditions as deemed appropriate by the Authority to ensure compliance with these regulations and with applicable requirements of federal or state law.

Section 3.   Rates

A system of sewer use charges together with suitable procedures for monitoring and enforcing compliance with sewer use regulations shall be set after a public hearing by the Board of Selectmen.

Section 4.   Sewer Line Construction and Maintenance

a.)    The cost of the construction hereafter of any sewer or extension of any existing mainline sewer or the doing of any other work in connection therewith, except particular sewers from common sewers to the lines of ways, shall be assessed upon the estates especially benefited thereby, under and subject to the provisions of Chapter 270 of the Acts of 1897, Chapter 343 of the Acts of 1900, Chapter 42 of the Acts of 1921, and such cost shall be the average cost, to be determined by the Department of Public Works in each year, of such construction and extension and other work in connection therewith in a period of three years next preceding the year in which such average cost is to be determined.

b.)   The full cost of construction of the particular sewer connection from the common or mainline sewer to the house or estate benefited, shall be paid for directly by the persons or owners of the estates benefited.

c.)    The maintenance and cleaning of particular sewers shall be the responsibility of the owner of the house or estate benefited by such particular sewer.

Section 5.   Assessment of User Charges

a.)    Users shall include all persons connected to the Town of Dedham Sewer System whether resident within the Town, or not, and all users of MWRA main sewers whose use is assessed to the Town of Dedham.

b.)   Users resident in the Town of Dedham and non–resident users metered to the Dedham–Westwood Water District shall be assessed user charges in accordance with water usage as measured by Dedham–Westwood Water District usage.

c.)    Users not metered in the Dedham–Westwood Water District shall be assessed user fees as measured by water usage provided by the town of Needham Water Department or the City of Boston Water Department, if applicable, or if not connected to any public water system, then such measurement shall be made by estimation of the average of five comparable users.

d.)   All Town Departments and all county, state and municipal buildings shall be assessed user fees in accordance with water usage.

e.)    Users of Town property including tenants and lessees shall be responsible for payment of users fees assessed in accordance with water usage.

f.)      Any Town Department or user of Town property aggrieved by reason of sewer user fees which may otherwise be indirectly included in leases, or may result in the duplication of appropriations by the Dedham Town Meeting, may be abated by the Board of Selectmen provided a finding is made that such sewer user fee either is a duplication of charges or would require a Town Department to receive an additional appropriation by the Town Meeting for payment of the fee.

g.)    User fees hereinafter charged and not paid by the due date for such fees established by regulation of the board or officer having control of the sewer department shall bear interest at the same rate of interest charged for unpaid real estate taxes as authorized under the provisions of section 57 of chapter 59 of the General Laws for all unpaid balances owed after the due date thereof.

Chapter Fifteen -- Other amendments proposed but not adopted:

     91ATM18 TR 86:                  Proposed section 3.2 to incorporate capital improvements into sewer use fees, indefinitely postponed.

CHAPTER SIXTEEN

BUILDING CODE

(Available separately.)

(BOCA Code adopted 73ATM25 TR 124)

The State Building Code became effective January 1, 1975, superseding the Town Building Code.

   62ATM57 TR 76, 116: Division Sixteen (fees) amended.

   67ATM43 TR 126:                          Section 5 of Division 3 of Chapter 16 of the Building Code (Board of Appeal) amended.

   67STM11 TR 150:                           Chapter Sixteen deleted and new Building Code adopted. (Note: Atty. General accepted code as voted with exception that the phrase "Except the membership and organization of the Board of Appeal" in section 100.5 was disapproved. See 67TR 187.)

   68ATM41 TR 140:                          Section 104.2‑‑, 23 6th paragraph amended.

   68ATM60 TR 147:                          Section 104.9 subsection .91 amended.

   71ATM30 TR 124:                          Building Code amended in accordance with the report of the Building Code Committee.

   72ATM66 TR 91:            Amended Section 104.23 by adding to the last paragraph of that section.

   73ATM25 TR 124:                          Adopted BOCA Basic Building Code and repealed existing code.

   74ATM81 TR 175:                          Section 120.07 amended.

Chapter Sixteen -- Other amendments proposed but not adopted:

   67ATM19 TR 120:                          Revised Building Code proposed. Referred to next Town Meeting.

   67ATM75 TR 138:                          Proposed increase in building permit fees referred to Code Review Committee.

   70ATM73 TR 126:                          Report to see what amendments to Building Code Town will adopt. Voted: 5 member committee established to study code and report findings.

   72ATM74 TR 93:            Voted: Building Code Study Committee authorized to study the advisability of adopting the BOCA Code. Request to hear and act on any amendments by the Building Code Committee established at 70ATM73 TR 126.

     74ATM50 TR 166:                       Proposed amendment to Section 429.83 indefinitely postponed.

CHAPTER SEVENTEEN

(Adopted 1952 ATM)

WIRING CODE  

No changes.

Chapter Seventeen -- Other amendments proposed but not adopted:  NONE.

CHAPTER EIGHTEEN

ZONING BY–LAW

Adopted May 5, 1924 approved by Attorney General June 7, 1924.

Amended April 5, 1954 approved by Attorney General May 5, 1954.

Annotated and re‑printed in 1995, 1998

CHAPTER NINETEEN

(Adopted 62ATM47 TR 75, 115)

(Reenacted April 8, 1996 96ATM33)

(Replaced April 8, 1996 96ATM45)

(Repealed April 14, 1997 97ATM35)

TOWN INSURANCE

(Section 1.   Town Administrator to Place All Insurance)

   97ATM35 TR 37: Section moved to section 9 of chapter 8.

(Section 2.   Insurance Committee Established)

   97ATM35 TR 37: Section deleted.

(Section 3.   Insurance Committee Duties)

   97ATM35 TR 37: Section deleted.

Chapter Nineteen -- Other amendments proposed but not adopted:

   74ATM41 TR 156:                          Proposal to delete Chapter Nineteen and include it as "Section A ‑‑ Town Insurance" under a new Chapter Nineteen entitled "Boards and Commissions" ‑‑ indefinitely postponed.

CHAPTER TWENTY

(Adopted 70ATM31 TR 100)

(Reenacted April 8, 1996 96ATM33)

(Replaced April 8, 1996 96ATM46)

ENDICOTT ESTATE COMMISSION

PREAMBLE:  The land bounded by Mt. Vernon Street, Sanderson Avenue, East Street and Walnut Street (hereinafter sometime referred to as the "Endicott Estate") was left to the Town under the will of the late Katherine Endicott, to be used for public educational purposes, public recreational purposes or other exclusively public purposes. Following its conveyance, at the suggestion and with the agreement of the Town, to the Commonwealth of Massachusetts for a governor's mansion and the finding by the Commonwealth that such use was economically impracticable, the property was reconveyed to the Town in accordance with Chapter 471 of the Acts of 1969. The Town hereby formally appropriates this land for public educational purposes, public recreational purposes and other exclusively public purposes in accordance with the terms of said will, but expressly refrains from appropriating the same for public park uses as that term is defined and used under Massachusetts General Laws, Chapter 45 and in the common law of this Commonwealth.

This chapter is adopted to provide for the preservation and maintenance and the use by the residents of the Town of that part of the property not being used for such specific purposes. In this way, until all of the property is devoted to specific uses (including "public park" use if that is so desired) by Town Meeting action, the residents of the Town will not be denied the limited use of part of the property.

   96ATM46 TR 45: Preamble rewritten.

Section 1.   Estate to be Used by Residents for Recreation and Education

Those parts of the Endicott Estate which are not devoted, pursuant to Town Meeting action, to specific public purposes and under the supervision and control of other Town Boards or Committees, may be used by residents of the Town for light recreational use or educational use. These uses shall include, without limiting the generality of the foregoing, outdoor activities of individuals or groups such as Boy Scouts, Girl Scouts, Campfire Girls and church, social or educational groups or societies and outdoor classes and the like. These uses shall not include organized athletic events nor shall any fields or other areas necessary in connection with the conduct of such events be laid out without the specific approval of the Town Meeting.

   96ATM46 TR 45: Section reenacted.

Section 2.   Town Administrator to Have Responsibility for Estate

The Town Administrator shall have responsibility, general supervision and care of the buildings and facilities of the Endicott Estate and shall have full jurisdiction over the rental and use of such buildings and facilities. The grounds shall be kept well groomed and clean at all times.

   96ATM46 TR 45: Section renumbered from 5 to 2; responsibility for Estate assigned to Town Administrator instead of Commission.

Section 3.   Endicott Estate Commission Established

There shall be an Endicott Estate Commission appointed by the Town Administrator, which shall consist of nine (9) legal voters of the Town. The Town Administrator is encouraged to retain district representation as far as possible.

   75ATM33 TR 124:         "precinct" amended to "district" deleted provision for member at large.

   87ATM30 TR 75: Number of members set at nine. District representation eliminated.

   96ATM46 TR 45: Section renumbered from 2 to 3. Town Administrator substituted for Moderator as appointing authority.

Section 4.   Terms of Commissioners Set; Commission to Organize

Initially, three members of the Commission shall be appointed for terms of one (1) year, three members for terms of two (2) years and three members for terms of three (3) years. Upon the expiration of original terms the members of the Commission shall be appointed for terms of three (3) years (except for a member appointed to fill a vacancy for an unexpired term) and may be reappointed; provided, however, that a member shall remain in office until a successor has been duly appointed. If any member moves from the Town, the member's position shall become vacant. The Town Administrator shall fill any vacancy which may occur for any reason. Members shall serve without pay and may be appointed to more than one (1) term. The members of the Commission shall choose a chairman and a clerk and shall hold such meetings as may be necessary to carry out the duties entrusted to them hereunder.

   75ATM33 TR 124:         First sentence amended by replacing two instances of "two members" with "three members"; "except for a member at large" deleted; and third sentence amended by replacing "precinct" with "district".

   96ATM33 TR 30: First sentence amended by replacing "his term shall likewise expire" with "the member's position shall become vacant".

   96ATM46 TR 45: Section renumbered from 3 to 4. Town Administrator substituted for the Moderator as appointing authority. Former commissioners to retain their positions until successors appointed.

Section 5.   Commission to Make Rules and Regulations for Use of Estate

The Commission shall, with the consent of the Town Administrator, make rules and regulations for the use of the land and buildings that are not being used for specific purposes and under the supervision and control of other Town Boards or Committees. Such rules and regulations shall, as enacted from time to time, be filed in the office of the Town Clerk and shall also be posted conspicuously on the Endicott Estate. They shall be consistent with the general purposes expressed in the will of Katherine Endicott and in Section 1 hereof and shall not allow for the interference with any specific uses of any part of the Endicott Estate under the supervision and control of any other Board or Committee. The rules and regulations may include provisions with respect to the necessity for permits for the use of the property, to be issued through the office of the Town Administrator, and the charging of reasonable fees therefor.

   96ATM46 TR 45: Section renumbered from 4 to 5. Rules and regulations require consent of Town Administrator; permits issued by TA instead of Town Clerk.

Section 6.   Commission to Make Recommendations on Uses of Estate

It shall also be the duty of the Endicott Estate Commission to advise and to make recommendations to the Town Administrator with respect to specific public recreational, educational and other public uses. To this end the Commission shall conduct such studies and hold such conferences and meetings as are necessary. Upon reasonable request, the Commission shall meet and consult with those having specific proposals for the use of all or any part of the Endicott Estate. The Commission shall submit an annual report as directed by section three of Chapter Seven.

   75ATM33 TR 124:         Paragraph B deleted.

   96ATM46 TR 45: Section rewritten; reports to Town Administrator instead of Finance Committee and Town Meeting.

Section 7.   Estate Manager

The Town Administrator may appoint an estate manager to be responsible to the Town Administrator for the direct control and supervision of the Endicott Estate. The estate manager shall be a person especially fitted by education, experience and training to perform the duties of the office. When appointed, the estate manager shall be responsible for the supervision and coordination of all activities of the Endicott Estate in accordance with state statutes, town by–laws, administrative code and rule and regulations.

   96ATM46 TR 45: Section adopted.

Chapter Twenty -- Other amendments proposed but not adopted:

   73ATM56 TR 132:         Proposed amendment to section 1 prohibiting use of alcohol on Commission land, indefinitely postponed.

   74ATM41 TR 156:         Proposal to delete Chapter Twenty and include it a "Section B ‑‑ Endicott Commission" under a new Chapter Nineteen entitled "Boards and Commissions", indefinitely postponed.

     78ATM54 TR 77:                  Proposed a new Section 7 concerning gifts, bequests, or devices to the Commission, indefinitely postponed

CHAPTER TWENTY–ONE

(Adopted 72ATM78 TR 94)

(Reenacted April 8, 1996 96ATM33)

YOUTH COMMISSION

Section 1.   Youth Commission Established; Terms Set

There is hereby established a Youth Commission under General Laws Chapter 40, Section 8E. The commission shall consist of not less than three nor more than seven members appointed by the Town Administrator. The regular term of a member shall be three years, but when the commission is first established, the terms of the members shall be for one, two or three years and so arranged that the terms of approximately one third of the members will expire each year. Any member of the Commission so appointed may, pursuant to Section 6–15 of the Dedham Home Rule Charter, be removed for cause by the Town Administrator. A vacancy occurring otherwise than by expiration of a term shall be filled for the unexpired term in the same manner as an original appointment.

   96ATM34 TR 30: Town Administrator substituted for Board of Selectmen as appointing authority.

   96ATM35 TR 31: Provision for removal added. Procedure for filling vacancy added.

Section 2.   Duties of the Commission

Except as may otherwise be provided by charter, by by–law or by vote of town meeting, the Youth Commission shall have the powers and duties conferred upon Youth Commissions by statute and shall be responsible to the Town Administrator for carrying out programs which may be designed or established to meet the opportunities, challenges and problems of the youth of Dedham and in conjunction with any similar or related programs of any state, federal, or local agency or department.

The Youth Commission shall keep accurate records of its meetings and actions and shall file an annual report as required under Section 3 of Chapter Seven of these By–Laws.

The Commission may receive gifts of property, both real and personal, in the name of the Town of Dedham. Gifts of personalty shall be managed and controlled by the Commission for the purposes of this chapter. Gifts of realty shall be used for the purposes of this chapter or as directed by the terms of the gift and shall be under the care, custody and superintendence of the Town Administrator as provided in Chapter Eight of these By–Laws.

   75ATM33 TR 124:         Paragraph B, office expense appropriation, deleted.

   96ATM35 TR 31: Section rewritten and expanded to reiterate statutory duties. In the first sentence of the third paragraph the words “subject to the approval of the Board of Selectmen” were deleted and disapproved by the Attorney General

Section 3.   Commission to Appoint Staff

The Commission may, with the approval of the Town Administrator, appoint a Director and such clerks and other employees as it may require from time to time.

   96ATM36 TR 32: Section adopted.

Section 4.   Administration

The Youth Commission shall, with the approval of the Town Administrator, establish policy and overall operating guidelines and for that purpose shall, with or through the Youth Commission Director, regularly meet with the Town Administrator to submit reports, to consult on budgetary and administrative issues and generally to coordinate activities to best serve the interest of the youth of Dedham.  

The Youth Commission Director shall be responsible to the Youth Commission for implementing such policy as well as for the daily direction of staff and operations.

   96ATM36 TR 32: Section adopted.

Chapter Twenty-One -- Other amendments proposed but not adopted:

     74ATM41 TR 156:               Proposed deletion of Chapter Twenty-One, and its inclusion as "Section C ‑‑ Youth Commission" under a new Chapter Nineteen to be entitled "Boards and Commissions", indefinitely postponed.

CHAPTER TWENTY–TWO

(Adopted 72ATM79 TR 94)

(Reenacted April 8, 1996 96ATM33)

COUNCIL ON AGING

Section 1.   Council on Aging Established; Terms Set

There is hereby established a Council on Aging under General Laws, Chapter 40, Section 8B. The Council shall consist of the chairman of the Recreation Commission, the chairman of the Board of Health, the superintendent of schools, or their respective representatives and not less than four (4) nor more than eight (8) additional members appointed by the Town Administrator for the terms of one year from the voters and residents of the town. The council shall annually choose from among its members a chair, a vice–chair and such other officers as it deems necessary or expedient. Appointees shall hold office until successors are designated.

   75ATM33 TR 124:         Deleted "the Chairman of the Board of Public Welfare"; deleted comma (,) between "representative" and "and"; "three (3)" amended to "four (4)" and "seven (7)" amended to "eight (8)".

   96ATM34 TR 30: Town Administrator substituted for Board of Selectmen as appointing authority.

   97ATM32 TR 36: Third sentence amended so that the chair and other officers are elected by the council instead of appointed by the Administrator.

Section 2.   Duties of Council

Except as may otherwise be provided by charter, by by–law or by vote of town meeting, the Council on Aging shall have the powers and duties conferred upon councils on aging by statute and shall be responsible to the Town Administrator for coordinating or carrying out programs designated to meet problems of the aging in coordination with programs of the Commission on Aging established under General Laws, Chapter 6, Section 73.

The Council shall keep accurate records of its meetings and actions and shall file an annual report as required under Section 3 of Chapter Seven of these By–Laws.

The Council may receive gifts of property, both real and personal, in the name of the town of Dedham. Gifts of personalty shall be managed and controlled by the Council for the purposes of this chapter. Gifts of realty shall be used for the purposes of this chapter or as directed by the terms of the gift and shall be under the care, custody and superintendence of the Town Administrator as provided in Chapter Eight of these By–Laws.

   96ATM35 TR 31: Section rewritten and expanded to reiterate statutory duties. In the first sentence of the third paragraph the words “subject to the approval of the Board of Selectmen” were deleted and disapproved by the Attorney General.

Section 3.   Council to Appoint Staff

The Council on Aging may, with the approval of the Town Administrator, appoint a Director and such clerks and other employees as it may require from time to time.

   96ATM35 TR 31: Section adopted.

Section 4.   Administration

The Council on Aging shall, with the approval of the Town Administrator, establish policy and overall operating guidelines and for that purpose shall, with or through the Council on Aging Director, regularly meet with the Town Administrator to submit reports, to consult on budgetary and administrative issues, and generally to coordinate activities to best carry out the purposes of this chapter.

The Council on Aging Director shall be responsible to the Council for implementing such policy as well as for the daily direction of staff and operations.

   96ATM35 TR 31: Section adopted.

Chapter Twenty-Two -- Other amendments proposed but not adopted:

     74ATM41 TR 156:               Proposal to delete Chapter Twenty-Two and include it as "Section D ‑‑ Council on Aging" under a new Chapter Nineteen entitled "Boards and Commissions", indefinitely postponed.

CHAPTER TWENTY–THREE

(Adopted 74ATM35 TR 152)

(Reenacted April 8, 1996 96ATM33)

(Amended April 14, 2003  03ATM46)

DOG CONTROL LAW

Section 1.   Duties of Dog Officer

a.)    It shall be the duty of the dog officer to apprehend any dog found running at large in any street or public place within the Town of Dedham in violation of any of the provisions of this chapter, and to impound such dog. The dog officer, upon receiving any such dog, shall make a complete registry, entering the breed, color and sex of such dog and whether licensed. If the dog is licensed, he shall enter the name and address of the owner and the number of the license tag. The dog officer shall notify the owner, if known, as soon as possible after the dog has been impounded. The owner of any dog so impounded may reclaim such dog upon payment of the license fee, if unpaid, and of all costs and charges incurred by the Town for impounding and maintaining such dog as provided by law.

b.)   A dog officer shall respond to all verbal and written complaints.

   96ATM33 TR 30: First sentence of paragraph (a) amended by replacing "this by‑law" with "this chapter"; third sentence amended by inserting "the dog" after the word "If"; fourth sentence rewritten; fifth sentence amended by replacing "maintenance of " with "maintaining".

Section 2.   Disturbing the Peace

No person shall own or keep in the Town of Dedham any dog which, by barking, biting, vicious disposition, howling or in any other manner is a source of annoyance to any person.

   79ATM30 TR 111:          "vicious disposition" inserted after "biting"

Section 3.   Complaint of Annoyance; Investigation

If any person shall make a complaint in writing to the dog officer that any dog owned or kept within the Town is a nuisance by reason of vicious disposition or excessive barking or other disturbance, the dog officer shall investigate such complaint.

   79ATM30 TR 111:          "harbored" amended to "kept".

Section 4.   Licensing

No person shall own or keep a dog in the Town of Dedham which is not duly licensed as required by law.

No later than March first of each year the dog officer shall send notice by mail to all dog owners appearing on the most recent Town census list that all animals shall be licensed during the month of April, and that failure to do so shall result in a fine of twenty dollars ($20.00) if the license is procured between May first and July first following, and forty dollars ($40.00) thereafter.

   11/17/86STM1 TR 81:   Section 4 adopted under 79ATM30 deleted and replaced with new Section 4.

Section 5.   Restraint of Dogs

a.)    No person owning or keeping a dog shall suffer or allow it to run at large in any street or public place in the Town of Dedham or allow it upon the premises of anyone other than the owner or keeper of such dog without the permission of the owner or occupant of such premises. A citation for any violation of this section shall be issued to the owner or keeper of any unleashed dog.

b.)   No person shall allow a dog owned or kept by him to be in or upon any street or public place within the Town of Dedham unless effectively restrained by a chain or leash, not exceeding ten (10) feet in length, which is under the control of a person suitable to properly control its actions.

c.)    Any person who owns or keeps a dog within the Town, shall except as provided in subsection (b) above, keep said dog confined to the premises of its owner or keeper by means of a chain, leash, fence or similar restraint.

d.)   No person who owns or keeps a dog within the Town of Dedham shall allow or permit said dog to defecate (1) on private property other than that of its owner; (2) on a public sidewalk; or, (3) on other public places.

e.)    If said dog defecates, owner shall be responsible for immediate removal.

f.)    No person owning or in control of a dog shall permit the dog to enter any town park or playground, except service dogs performing a function in accordance with M.G.L. Chapter 272, Section 98A. Any violation of this paragraph shall be punished by a fine of one hundred dollars ($100).

   79ATM30 TR 111:          Paragraph (a) amended by replacing "harboring" with "keeping"; last sentence added "citation . . . unleashed dog."

   96ATM71 TR 66: Paragraph (f) added.

   98ATM24 TR 37: Article to add “cemetery” to paragraph indefinitely postponed.

 03ATM46  TR  :  Amend section 5( f) adding language relative to service dogs.

Section 6.   Penalties

Any owner or keeper of a dog who shall fail to comply with any of the provisions of Sections 2, 3 and 5 shall be punished as follows:

First Offense (within a calendar year) ................................  $10.00

Second Offense (within a calendar year) ............................  $25.00

Third or subsequent offense (within a calendar year)............ $50.00

Anyone who owned a dog, but does not now, should notify the Town Clerk immediately. When license fees for dogs are due in April of each year and the dog is a spayed female, the spaying certificate must be presented at the time of license application. All rabies shot papers must be shown before a new license can be issued. All dogs must be licensed at three (3) months of age.

   76STM14 TR 158:          Chapter Twenty-Three deleted and new Chapter Twenty-Three adopted. The Attorney General approved the new Chapter with the exception of the following from Section 3 which was deleted: "which may include an examination under oath of the complainant, and may order such dog confined or muzzled."

   79ATM30 TR 111:          "Section 5" amended to "Sections 2, 3 and 5"; table of fines amended; last paragraph added: "Anyone who . . . (3) months."

   96ATM33 TR 30: Second sentence of last paragraph amended by inserting "the" before "dog is a spayed"; fourth sentence amended by adding at the end "of age".

Proposed Dog Control Laws not adopted:

   73STM3 TR 96:    Proposed "Dog Control Law" sent to committee.

   74ATM34 TR 150:         Proposed "Dog Leash Law" indefinitely postponed.

   74ATM36 TR 153:         Proposed "Dog Control Law" indefinitely postponed.

Chapter Twenty-Three: Other amendments proposed but not adopted:  NONE.

CHAPTER TWENTY–FOUR

(Adopted 75ATM40 TR 127)

(Also see 1988 ATM32)

(Reenacted April 8, 1996 96ATM33)

DEDHAM HISTORIC DISTRICTS BY–LAW

Section 1.   Name

This chapter shall be known, and may be referred to, as the "Dedham Historic Districts By–Laws".

   96ATM33 TR 30: Amended by replacing "This by‑law" with "This chapter".

Section 2.   Purpose

The purpose and intent of this chapter shall be to promote the educational, cultural, economic, and general welfare of the public through the preservation and protection of the distinctive characteristics of buildings and places significant in the history of Dedham or its architecture, through the maintenance and improvement of the appearance and settings of such buildings and places, and the encouragement of design and construction compatible therewith.

Section 3.   Historic Districts Commission

a.)    There is hereby established under Chapter 40C of the General Laws (the "Historic Districts Act" so–called), as amended by Chapter 359 of the Acts of 1971, a Dedham Historic Districts Commission, with all the powers and duties legally assigned thereunto.

b.)   Said Commission shall consist of seven members appointed by the Dedham Board of Selectmen, to be selected as follows:

        1.   One member shall be selected, if possible, from two nominees whose names are submitted by the Dedham Historical Society.

        2.   One member shall be selected, if possible, from two nominees whose names are submitted by the local Board of Realtors covering the Town of Dedham.

        3.   One member shall be selected, if possible, from two nominees whose names are submitted by the Chapter of American Institute of Architects covering the Town of Dedham.

        4.   One member shall be selected, if possible, from two nominees whose names are submitted by the Bar Association covering the Town of Dedham.

        5.   The remaining positions on the Commission (including vacancies resulting from the failure of any of the organizations noted above to submit names of nominees within 30 days of such request by the Board of Selectmen) shall be filled by the Board of Selectmen at their discretion.

        6.   At any given time, three of the appointees serving upon the Dedham Historic Districts Commission shall be property owners within an Historic District in Dedham, established pursuant to the Historic Districts Act.

c.)    When the Commission is first established, two members shall be appointed for terms of one year, two shall be appointed for terms of two years, and three shall be appointed for terms of three years. A successor to a member shall be appointed by the Board of Selectmen in the same manner as such member was appointed, except that his term shall be for three years.

d.)   If an unscheduled vacancy occurs on the Commission, it shall be filled for the unexpired term by the Board of Selectmen in the same manner as the vacating member was appointed.

e.)    Each member shall serve without compensation and shall continue in office after the expiration of his allotted term, until such time as his successor is appointed.

Section 4.   Commission Powers

The Historic Districts Commission established hereunder shall have all of the powers and duties of an historic commission as delineated by the Historic District Act, as amended, and said Commission may, in the exercise of said powers and duties, accept money gifts and expend the same, and, subject to appropriation or receipt of such gifts, contract for and employ such clerical assistance or technical consultants or assistance as the Commission may, at its discretion, find suitable.

The Commission may adopt such rules and regulations for the conduct of its business as are not inconsistent with the provisions of the Historic District Act, the General Laws, or other by–laws of the Town of Dedham.

The Commission may, pursuant to a vote of the Town, administer for the Town of Dedham any designated properties or lesser interest which the Town may own or acquire as gifts.

The Commission may carry out such other duties, authorities and powers as may be delegated or assigned unto it by vote of Town Meeting.

The Commission shall be empowered to propose, in accordance with the provisions of the Historic District Act, such additional districts or additions to existing districts as they may deem suitable, and, to that end, said Commission may conduct such surveys, investigations and dealings with the Massachusetts Historical Commission, the National Register, the National Park Service, the National Trust for Historic Preservation, the Society for the Preservation of New England Antiquities or any similar governmental or private organization, as may be deemed advisable.

   88ATM32 TR 86: Historical District Commission was granted the powers of Historical Commission pursuant to Chapter 40C, Section 14 of the General Laws. Approved by AG August 30, 1988.

   96ATM33 TR 30: First paragraph amended by replacing "clerical and/or" with "clerical assistance or".

Section 5.   Historic Districts

a.)    There are hereby established under the provisions of Chapter 40C of the General Laws, as amended, the following Historic Districts:

1.   The "Franklin Square — Court Street" District, delineated and bounded as shown on a map entitled "Dedham Historic District Study Committee — Area One" drawn by David G. Dethlefs, Registered Architect, and on file with the office of the Town Clerk, Dedham, Mass.

2.   The "Connecticut Corner" District, delineated and bounded as shown on a map entitled "Dedham Historic District Study Committee — Area Two" drawn by David G. Dethlefs, Registered Architect, and on file in the office of the Town Clerk, Dedham, Mass.

   75ATM41 TR 129:         Paragraph (b) added.

Section 6.   Severability

The provisions of this chapter shall be deemed to be severable; if any of its provisions shall be held to be invalid or unconstitutional by any Court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Chapter Twenty-Four -- Other amendments proposed but not adopted:  NONE.

CHAPTER TWENTY–FIVE

(Adopted 76ATM10 TR 132)

(Reenacted April 8, 1996 96ATM33)

(Replaced April 8, 1996 96ATM48)

(Repealed April 14, 1997  97ATM34)

RECYCLING COMMITTEE

   96ATM33 TR 30: Chapter title changed from "Resource Recovery Committee" to "Recycling Committee"; all references to "resource recovery committee" changed to "recycling committee".

   97ATM34 TR 37: Chapter repealed and deleted.

(Section 1.   Recycling Committee Established)

   97ATM34 TR 37: Section deleted.

(Section 2.   Terms of Committee Members Set)

   97ATM34 TR 37: Section deleted.

(Section 3.   Duties of Committee)

   97ATM34 TR 37: Section deleted.

(Section 4.   Committee to Regulate Use of Recycling Center)

   96ATM48 TR 47: Section deleted.

(Section 5.   Committee to Determine Disposition of Recyclable Goods)

   96ATM48 TR 47: Section deleted.

(Section 6.   Funds from Sale of Goods to be Deposited with Treasurer)

   96ATM48 TR 47: Section deleted.

(Section 7.   Unexcused Absences to Disqualify Committee Member)

   96ATM48 TR 47: Section deleted.

Chapter Twenty-Five -- Amendments proposed but not adopted:

     4/8/91STM1 TR 108:           Proposed Section 8 to allow Board of Selectmen to establish a recycling program with fines for noncompliance, indefinitely postponed.

CHAPTER TWENTY–SIX

(Adopted 79ATM27)

(Reenacted April 8, 1996 96ATM33)

(Replaced April 8, 1996 96ATM42)

BUILDING, PLANNING AND CONSTRUCTION COMMITTEE

Section 1.   Establishment

As provided in the Dedham Home Rule Charter, Section 7–5, there shall be a Building, Planning and Construction Committee consisting of seven members appointed by the Town Administrator as hereinafter provided, which shall consist of one member of the Planning Board, a registered professional engineer or architect, an attorney admitted to practice in Massachusetts, a person employed in the construction industry or a related trade or occupation, and three other persons.

   96ATM42 TR 42: Section rewritten; Town Administrator substituted for Board of Selectmen.

Section 2.   Term of Committee Members Set; Department Head to be Ex–Officio

The terms of the members of the Building, Planning and Construction Committee shall be for three years; the terms of office of members shall be so arranged that as nearly an equal number of terms as is possible shall expire each year.

In addition to the foregoing members, the department head of each given project shall be a non–voting, ex–officio member.

Said Committee shall choose its own officers and shall serve without pay.

   96ATM42 TR 42: Section reenacted.

Section 3.   Committee to Survey Town Needs

The Committee shall be responsible for surveying the growth of the Town, the building needs of the community, and the physical condition of all existing town buildings.

   96ATM42 TR 42: Section reenacted.

Section 4.   Committee to Determine Building Needs and Make Recommendation

The Committee shall meet with the various town agencies from time to time to determine the need for additions or renovations to any existing buildings, or for the construction of new buildings for the Town, and shall report to the Town Administrator its recommendation with regard to such additions, renovations, or construction.

   96ATM42 TR 42: Section rewritten; committee to report to Town Administrator.

Section 5.   Committee to Supervise Authorized Work

Whenever the addition to or renovation of any existing building, or the construction of new buildings is authorized by the Town Meeting and appropriation made therefor, the Town Administrator may assign the Building, Planning and Construction Committee to be responsible to the Town Administrator for the supervision of all work relating thereto, including architect selection (if required), site planning, preliminary drawings, final plans, preparation of request for construction bids and supervision of all construction.

   96ATM42 TR 42: Section rewritten; projects assigned and contracts awarded by Town Administrator.

This chapter shall apply to the new construction of or new addition to existing buildings, and to renovations which are not ordinary and normal maintenance or replacement projects and which are capital improvements within the meaning of Section 9 of Chapter Three [formerly Section 17 of Chapter Four]; provided, however, that this chapter shall not apply to road, bridge, sewer, sidewalk construction or re–construction, or maintenance of parks; provided, further, that this chapter shall not apply to buildings under the control of the School Department if the Town Meeting authorization shall specifically assign responsibility to the School Department.

   96ATM42 TR 42: Section rewritten; school department projects included within scope except by vote of Town Meeting.

   96ATM42 TR 42: By vote of Town Meeting Chapter Twenty-Six supersedes similar provisions in the Dedham Home Rule Charter of 1974.

Chapter Twenty-Six -- Other amendments proposed but not adopted:  NONE.

CHAPTER TWENTY–SEVEN

(Adopted May 12, 1980 80ATM35)

(Reenacted April 8, 1996 96ATM33)

(Replaced June 17, 1996 6/17/STM05)

(Replaced April 12, 1999  99STM17

SIGN CODE

The Sign Code is amended as required. The changes are contained in the Sign Code Report and available in the offices of the Building Department and Planning Board

CHAPTER TWENTY–EIGHT

(Adopted April 25, 1988 88ATM21)

(Reenacted April 8, 1996 96ATM33)

(Replaced April 8, 1996 96ATM39)

(Amended April 8, 2002  02ATM37)

GENERAL WETLANDS PROTECTION BY–LAW

Section 1.    Purpose

a.)   The purpose of the bylaw is to protect the wetlands, related water resources and adjoining land areas in the Town of Dedham by controlling activities deemed by the Conservation Commission likely to have a significant or cumulative effect upon wetland values, including but not limited to the following: public or private water supply, groundwater, flood control, erosion and sedimentation control, storm damage prevention, water pollution prevention, fisheries, shellfish, wildlife habitat, recreation, aesthetics, agriculture and aquaculture values (collectively, "the resource area values protected by this bylaw").

b.)   Nothing in this bylaw is intended to replace the requirements of the Dedham Flood Plain Zoning Bylaw. Any activity subject to the provisions of both bylaws must comply with the specifications of each.

Section 2.   Definitions

a.)   The following definitions shall apply in the interpretation and implementation of this bylaw.

1.  The term "person" shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political subdivision thereof to the extent subject to town bylaws, administrative agency, public or quasi–public corporation or body, the Town of Dedham, and any other legal entity, its legal representatives, agents or assigns.

2.  The Term "alter" shall include, without limitation, the following activities when undertaken to, upon, within or affecting resource areas protected by the bylaw:

A.    Removal, excavation or dredging of soil, sand, gravel, or aggregate materials of any kind;

B.    Changing of preexisting drainage characteristics, flushing characteristic sedimentation patterns, flow patterns, or flood retention characteristics;

C.    Drainage or other disturbance of water level or water table;

D.    Dumping, discharging or filling with any material which may degrade water quality;

E.    Placing of fill, or removal of material, which would alter elevation;

F.     Driving of piles, erection or repair of buildings, or structures of any kind;

G.    Placing of obstructions or objects in the water;

H.    Destruction or alteration of plant life, including cutting of trees;

I.     Changing water temperature, depth, flow rate, biochemical oxygen demand, or other physical or chemical characteristics of water;

J.     Any activities, changes or work which may cause or tend to contribute to pollution of any body of water or groundwater;

K.    Application of pesticides or herbicides.

L.    Destruction or alteration of wildlife habitat.

M.   Any work within 200 feet of any river as defined in the Massachusetts Rivers Act of 1996, as may be amended from time to time.

3.  The term "Commission" means the Dedham Conservation Commission.

4.  All other definitions as set forth in Massachusetts General Laws, Chapter 131, Section 40 and Massachusetts Regulation 310 CMR or as amended from time to time issued by the Department of Environmental Protection are hereby made part of this bylaw.

   99ATM24 TR __: Section amended in subsection (a)(2) by addition of paragraph M of the definition of “alter.”

Section 3.   Jurisdiction

a.)   Except as permitted by the Conservation Commission or as provided in this bylaw, no person shall remove, fill, dredge, or otherwise alter the following resource areas: any freshwater wetland; marshes; wet meadows; bogs; swamps; vernal pools; banks; reservoirs; lakes; ponds; streams; creeks; beaches; lands under waterbodies; lands subject to flooding or inundation by groundwater or surface water (collectively the "resource areas protected by this bylaw" listed in this section); lands within 100 feet of any of the aforesaid resource areas and areas within 200 feet of any waterbody which meets the definition of a "river" under the Massachusetts Wetlands Protection Act, Chapter 131, Section 40, Para. 14. Said resource areas need not border surface waters in order to qualify for protection.

b.)   No person shall dump material of any type within any resource area protected by this bylaw, any public right–of–way or upon any publicly owned land. The Conservation Commission shall have the authority to enforce the cleanup of any such illegal dumping.

   99ATM24 TR __: Section amended in subsection (a) by addition of areas within 200 feet of any river.

Section 4.   Exceptions

a.)   The permit and application required by this bylaw shall not be required for maintaining, repairing, or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, telegram or other communication services provided that written notice has been given to the Commission prior to the commencement of work. This exception shall not apply to the application of herbicides. The permit and application required by this bylaw shall not be required for work performed for normal maintenance or improvement of land in agricultural use or in aquacultural use, provided that written notice has been given to the Commission prior to the commencement of work.

b.)   The permit and application of this bylaw shall not apply to emergency projects necessary for the protection of the health or safety of the public, provided that the work is to be performed by or has been ordered to be performed by an agency of the Commonwealth or a political subdivision thereof, provided that advance notice, oral or written, has been given to the Commission prior to the commencement of work or within 24 hours after commencement, provided that the following conditions are met:

1.  The Conservation Commission or its agent certifies the work as an emergency project.

2.  The work is performed only for the time and place certified by the Conservation Commission for the limited purposes necessary to abate the emergency.

3.  Within 21 days of commencement of an emergency project a permit application shall be filed for review as provided by this bylaw.

4.  Upon failure to meet these and other requirements of the Commission, the Commission may, after notice and a public hearing, revoke or modify an emergency project approval and order restoration and mitigation measures.

c.)   Other than stated in this section, the exceptions provided in the Wetlands Protection Act shall not apply under this bylaw.

Section 5.   Application for Permits and Requests for Determination

a.)   Written applications shall be filed with the Commission to perform activities regulated by this bylaw affecting the resource areas protected by this bylaw. The application shall include such information and plans as are deemed necessary by the Commission to describe proposed activities and their effects on the resource areas protected by this bylaw. No activities shall commence without receiving and complying with a permit issued pursuant to this bylaw.

b.)   Activities which require a Notice of Intent under this bylaw but not under M.G.L. Ch. 131, Sec. 40 or as it may be amended from time to time may use the abbreviated Notice of Intent at the discretion of the Commission.

c.)   The Commission may accept as the application and plans under this bylaw the Notice of Intent and plans filed under the Wetlands Protection Act, G.L. Ch. 131, Sec. 40 or as it may be amended from time to time.

d.)   Any person desiring to know whether or not proposed activity of an area is subject to the bylaw, may in writing request a determination from the Commission. Such a request for determination shall contain data and plans specified by the regulations of the Commission. In the absence of regulations, the same notice, plans, and specifications required to be filed by an applicant under Massachusetts General Laws, Ch. 131, Sec. 40, or as it may be amended from time to time, will be accepted as fulfilling the filing requirements of this bylaw.

e.)   At the time of an application or request, the applicant shall pay a filing fee specified in the appended schedule located in Section 17 of this bylaw. This fee is in addition to that required b the Wetlands Protection Act, G.L. Ch. 131, Sec. 40, or as it may be amended from time to time. The Commission may waive the filing fee and costs and expenses for an application or request filed by a government agency or when the Commission determines that a project serves an overwhelming public purpose.

(Section 6.   Engineering and Consultant Review Fees.)

   96ATM39 TR 34: Section deleted and disapproved by Attorney General, 7/18/96.

Section 7.   Notice and Hearings

a.)   Any person filing an application or a request for determination with the Commission shall at the same time give written notice thereof by certified mail or hand delivery to all abutters according to the most recent records of the Assessors, including those across a traveled way or a body of water. The notice to abutters shall enclose a copy of the application or request, with plans, or shall state where copies may be examined and obtained by abutters free of charge. When a person requesting a determination is other than the owner, the request, the notice of the hearing and the determination itself shall be sent by the Commission to the owner as well as the person making the request.

b.)   The Commission shall conduct a public hearing on an application or request for determination, with written notice given at the expense of the applicant, Said notice shall be published at least five days prior to the hearing in a newspaper of general circulation in Dedham.

c.)   The Commission shall commence the public hearing within 21 days from receipt of a completed application or request for determination.

d.)   The Commission shall issue its permit or determination within 21 days of the close of the public hearing.

e.)   The Commission in its discretion may combine its hearing under this bylaw with any hearing required to be conducted under the Wetlands Protection Act, Massachusetts General Law, Chapter 131, Section 40, or as amended from time to time.

f.)    The Commission shall have authority to continue the hearing to a date certain announced at the hearing, for reasons stated at the hearing, which may include receipt of additional information offered by the applicant or others, information and plans required of the applicant, deemed necessary by the Commission in its discretion, or comments and recommendations of boards and officials listed in Section 8 of this bylaw. In the event the applicant objects to a continuance or postponement, the hearing shall be closed and the Commission shall take action on such information as is available.

Any person filing a permit application or a request for determination with the commission shall at the same time provide a copy thereof, by certified mail or hand delivery, to the Town Administrator's Office, Board of Selectmen, Planning Board and other local departments and boards as deemed necessary by the Commission. The applicant shall have the burden of satisfying the Commission that copies were mailed or delivered. The Commission shall not take final action until such boards and officials have had 14 days from receipt of notice to file written comments and recommendations with the Commission, which the Commission shall take into account but which shall not be binding on the Commission. The applicant shall have the right receive any such comments and recommendations, and to respond to them at a hearing of the Commission prior to final action.

Section 9.   Permits, Determinations and Conditions

a.)   If the Commission after a public hearing determines that the activities which are the subject of the application are likely to have an adverse or cumulative effect upon the resource areas protected by this bylaw, the Commission, within 21 days of he close of the hearing, shall issue or deny a permit for the activities requested. If it issues a permit, the Commission shall impose conditions which the Commission deems necessary or desirable to protect those values, and all activities shall be carried out in accordance with those conditions. If it issues a permit (or Order of Conditions), the Commission shall record it in the Registry of Deeds of the Land Court and no work shall be undertaken until reimbursement of any costs is received by the Commission.

b.)   The Commission is empowered to deny a permit for failure to meet the requirements of this bylaw; for failure to submit necessary information or plans requested by the Commission; for failure to avoid or prevent unacceptable adverse or cumulative effects upon the wetland values protected by this bylaw; or where conditions are not adequate to protect those values, or if in the Commission's judgment such denial is necessary to preserve the environmental quality of the areas subject to this bylaw.

c.)   A permit shall expire three years from the date of issuance. Notwithstanding the above, the Commission in its discretion may issue a permit expiring five years from the date of issuance for recurring or maintenance work, provided that annual notification of time and location of work is given to the Commission. Any permit may be renewed once for an additional one–year period, provided that a request for renewal is received in writing by the Commission at least 30 days prior to expiration.

d.)   The Commission is also empowered to revoke a permit which it has issued for failure to perform the permitted work in accordance with any conditions set forth by the Commission in the issued permit or for violations of the Wetlands Protection Act, Massachusetts General Law, Chapter 131, Section 40, or as amended from time to time, this bylaw, or any other Local, State or Federal law or regulation. The Commission shall hold a public hearing for the purpose of revoking a permit. Such a public hearing will be advertised at least five working days prior to the hearing in a newspaper of general circulation in Dedham.

e.)   The Commission in an appropriate case may combine the permit or other action on an application issued under this bylaw with the Order of Conditions issued under the Wetlands Protection Act.

Section 10.   Regulations

a.)   After public notice and public hearing, the Commission may promulgate rules and regulations to effectuate the purposes of this bylaw. Failure by the Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this bylaw.

a.)   As part of a permit issued under this bylaw, in addition to any security required by another municipal or state board, agency or official, the Commission may require that the performance and observance of the conditions imposed hereunder be secured wholly or in part by a proper bond or deposit of money or negotiable securities or the undertaking of financial responsibility sufficient in the opinion of the Commission, to be released in whole or in part upon issuance of a certificate of Compliance for work performed pursuant to the permit.

Section 12.   Enforcement

a.)   The Commission, its agents, officers, and employees shall have the authority to enter upon privately owned land for the purpose of performing their duties under this bylaw and may make or cause to be made such examinations, surveys or sampling as the Commission deems necessary.

b.)   The Commission shall have the authority to enforce this bylaw, its regulations and permits issued by violation notices, administrative orders, and civil and criminal court actions.

c.)   Upon request of the Commission, the Town Administrator, Board of Selectmen and the Town Counsel shall take legal action for the enforcement under civil law. Upon request of the Commission the Chief of Police shall take legal action for enforcement under criminal law.

d.)   Municipal boards and officers, including any police officer or other officer having police powers, shall have authority to assist the Commission in enforcement.

e.)   Any person who violates any provision of this bylaw, regulations thereunder, or permits issued thereunder, shall be punished by a fine of not more than $300.00. Each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of the bylaw, regulations, or permit violated shall constitute a separate offense.

f.)    As an alternative to criminal prosecution, the Commission may elect to utilize the non–criminal disposition procedure set forth in G.L. Ch. 40, Sec. 21D, or as it may be amended from time to time.

Section 13.   Burden of Proof

a.)   The applicant for a permit shall have the burden of proving by a preponderance of the credible evidence that the work proposed in the application will not have unacceptable adverse or cumulative effect on the resource areas protected by this bylaw. Failure to provide adequate evidence to the Commission supporting this burden shall be sufficient cause for the Commission to deny a permit or grant a permit with conditions.

Section 14.   Appeals

a.)   A decision of the Commission shall be reviewable in the Superior Court in an action filed within 60 days thereof, in accordance with G.L. Ch. 249, Sec. 4.

Section 15.   Relation to the Wetlands Protection Act

a.)   This bylaw is adopted under the Home Rule Amendment of the Massachusetts Constitution and Home Rule statutes, independent of the Wetland Protection Act, G.L. Ch. 131, Sec. 40, or as it may be amended from time to time, and regulations thereunder.

Section 16.   Severability

a.)   The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof, nor shall it invalidate any permit or determination which previously has been issued.

Section 17.   Filing Fee Schedule for Permits for Work Within the Resource Areas or 100 Foot Buffer Zone to any Resource Area Protected by this Bylaw

a.)   RULES:

    1. Permit fees are payable at the time of application and are non–refundable.

    2. Permit fees shall be calculated by this Commission per schedule below.

    3. Town, County, State and Federal projects are exempt from fees.

    4. Failure to comply with the law after official notification shall result in fees twice those normally assessed.

b.)        FEES:

Fee category
1.  Minor project (house additions, tennis court, swimming pool utility work, etc. associated with existing single family dwelling)	$100.00 + $1/sq.ft of resource area disturbed,
2. Single family dwelling, new construction	$250.00 + $1/sq.ft of resource area disturbed, .02/sq.ft land subject to flooding or 100 ft. buffer zone or 200 ft. riverfront area disturbed.
3. Subdivisions (road and utilities only)	$250 + $2/ft of roadway sideline within a resource area protected by this bylaw and within 100 feet of any resource area protected by this bylaw or 200 feet of a river as defined under the Massachusetts Rivers act.
4. Multi-Family Dwellings, Commercial and industrial projects	$500 + $1/sq.ft of resource area disturbed, .02/sq.ft land subject to flooding or 100 ft. buffer zone or 200 ft. riverfront area disturbed.
5.  Permit Extensions A.         Single family dwelling or minor project B.         Other No Permit Extensions shall be permitted for Wetland Delineations	$ 50 per year (maximum 3 yrs.) $ 100 per year (maximum 3 yrs.)
6.          Request for Determinations of Applicability	$ 50
7.          Wetland Delineation and Delineation Review	$ 0.50 per linear foot of resource area delineated, to a maximum of $ 100.00 per existing single family dwelling.
8.           Control of nuisance vegetation, including aquatic vegetation	$ 100.00 per acre of resource area proposed to be treated, including total water resource area and associated buffer zone.  Minimum fee of $ 150.00

c.)    NOTE:  These fees are in addition to the local portion of the state fee for Notices of Intent

and Requests for Determination of applicability charged under M.G.L. Ch. 131, Sec. 40 and as it may be amended from time to time.

d.)    The above fee schedule may be reduced by the Conservation Commission.  Any such change shall be made at a posted public hearing of the Commission not less than 30 days prior to the date upon which the change is to be effective.

   86ATM12 TR 72: Chapter Twenty-Eight adopted April 15, 1986; Approved AG May 30, 1980.

   88ATM21 TR 75: Chapter Twenty-Eight amended by deletion in its entirety and replacement by the above new Chapter Twenty-Eight. Approved AG August 30, 1988.

   90ATM34 TR 83: Added the paragraph authorizing reductions in the fee schedule.

   96ATM39 TR 34: Chapter Twenty-Eight amended by deletion in its entirety and replacement by the above new Chapter Twenty-Eight. Approved AG July 18, 1996, except as to Section 6 which was deleted.

 99ATM24 TR __:  Section amended in subsection (b) by addition of line 8, fee for wetland delineation and review.

02ATM37  TR 45:  Amendments to Fee Schedule

Chapter Twenty-Eight ‑‑ Other amendments proposed but not adopted: NONE

CHAPTER TWENT