ARTICLE VI - POLICE REGULATIONS
- UNLAWFUL ENTRY
- 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 the windows of a house or spying upon any person or persons resident therein, and no person being on the premises of another, shall peep into the windows of a dwelling house thereon nor spy upon any person or persons resident therein.
- Anyone found guilty of violating this section shall be punished by a fine of One Hundred Dollars ($100.00) for each and every offense.
- DEFACING OF PROPERTY
- No one shall affix any bill, placard, device or notice to; nor write any figures, or words upon; any building, fence, utility pole or wall in the town; without the permission of the owner or occupant if there is a notice posted forbidding the same.
- No one shall make any indecent drawing or writings upon any fence, tree, building or structure in any public place.
- No person shall be allowed to throw posters, handbills, flyers, advertising sheets, waste or rubbish in the public street or ways.
- Anyone found guilty of violating this section shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00) for each and every offense.
- ILLEGAL DUMPING
- No person shall deposit, dump or store; garbage, trash, hazardous or non-hazardous waste, toxic or non-toxic chemicals, unregistered motor vehicles, parts of motor vehicles, tires, building materials of any type, household or industrial furnishings, or appliances in or upon any public or private way or in or upon any town-owned property.
- Violation of this section is punishable by a fine of $250.00 for each offense.
- This section shall be enforced on behalf of the Town by its Police Department which shall have the right to issue a citation to any and all persons in violation
- Notice of this section shall be posted at each major roadway entering Town.
- COASTING OR SLEDDING
- No person shall coast or slide on any sled or other vehicle in or upon any public street or way in the Town.
- The Selectmen at their discretion, may, by public notice, designate any streets or ways where coasting may be permitted for a period to be designated in such notice.
- Violation of this section is punishable by a fine of not less than Five Dollars ($5.00) nor more than Twenty-Five Dollars ($25.00) for each offense.
- PAYMENT OF PENALTIES
- All penalties of forfeiture recovered for breach of any of these sections shall be paid into the Town Treasury for the use of the Town.
- It shall be the duty of the Selectmen, Constables and Police Officers to prosecute every
violation of all by-laws.
- Any Town constable or police officer may make arrests and serve warrants and other processes necessary for the enforcement of the by-laws.
- The costs and fees shall be the same as allowed in criminal prosecutions before the court or a magistrate.
- Every violation of any of this article, except when the penalty is specifically stated, shall be punished by a fine of not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).
- DISCHARGE OF A WEAPON OR EXPLOSIVE
- No person shall fire or discharge a firearm, rifle, shotgun, or explosives of any kind within the limits of any highway, road, park or other public property, except with the permission of the Board of Selectmen, or on any private property except with the consent of the owner or legal occupant thereof.
- This section shall not apply to the following:
- To the lawful defense of life and property or
- To the law enforcement officer acting in the discharge of his duties, or
- The discharge of firearms, rifles, shotguns or cannons (with blank ammunition) in fulfilling the needs of historical, ceremonial, competitive and sporting activities; starting guns for various road races held throughout the Town and for special events ( e.g. Yankee Doodle Homecoming Weekend).
- Sporting organizations and/or sporting clubs involved in firearms use will be required annually, during the month of January, to notify the Chief of Police and the Board of Selectmen in writing of their intent to continue their operation as a sporting organization/club for the ensuing year. Said notice shall include a list of the organization/club officers and the location where firearm use is normally held.
- Notice of this by-law shall be posted at each major roadway entering the Town.
- Any person violating this by-law shall be punished by a fine of not more than Two Hundred and Fifty Dollars ($250.00) for each offense.
- ALCOHOLIC BEVERAGES: Possession and Consumption
- The following definitions shall apply in the interpretation and enforcement of this section:
Alcoholic Beverages: Any beverage defined as alcoholic beverage in Section 1 of Chapter 138 of the General Laws.
Private Property: Any real property within the Town of Billerica which is not owned by the Town.
Public Property: All Town commons, school grounds, municipal parking lots, public cemeteries, municipal playgrounds and all real property, buildings, or offices owned by or leased to the Town or occupied or used by any board, department, committee, commission or office of the Town.
Public Way: The entire bounds of any way, street, road, avenue or lane which is publicly maintained and used for vehicular travel, when any part thereof is open to use by the public. This shall include the entire width of any sidewalk used in conjunction with said way.
- No person shall consume any alcoholic beverages on any public way or on any way to which the public has a right of access.
- No person shall bring any alcoholic beverages on any public property or onto any private property or possess or consume any alcoholic beverages in or upon any public property or private property without the permission of the owner or person lawfully in charge or control of such public or private property.
- All alcoholic beverages possessed or consumed in violation of this by-law shall be seized and held until final adjudication of the charge against the person or persons arrested or summoned before the court. After final adjudication, all alcoholic beverages seized shall be returned to the persons entitled to the lawful possession of them.
- Violations of this section are punishable by a fine of One Hundred ($100.00) dollars for each offense.
- This section shall be enforced on behalf of the Town by its Police Department which shall have the right to arrest any and all persons in violation of said section.
9 MOTOR BOATS
- The operation of any boat or water craft of any nature powered or propelled by an internal combustion engine of any nature is prohibited on Nuttings Lake, except by emergency personnel when responding to a valid emergency situation.
- All water craft operating on Nuttings Lake shall be operated so as to remain a safe and reasonable distance from any areas used for swimming which are marked by suitable buoys designating the swimming area.
- The unauthorized alteration, removal or displacement of any sign, marker, or other device used to indicate a swimming area, boating hazard or otherwise give notice of this by-law is prohibited.
- Every violation of this section shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred and Fifty Dollars ($250.00).
- SOLICITATION OR CANVASSING
- License Required
- It shall be unlawful for any solicitor or canvasser as defined in this section to engage in such business within the Town without first obtaining a license therefor in compliance with the provisions of this section. The provisions of this section shall not apply to any person exempted under Chapter 101 of the General Laws, or any other person exempted by any other General Law, nor shall this section be construed to prevent route salesmen or other persons having established customers to whom they make periodic deliveries, from calling upon such customers or from making calls upon prospective customers to solicit an order for future periodic route deliveries.
- Solicitor or Canvasser: Any person who, for himself, or for any other person, firm or corporation travels by foot, automobile or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to lease or take orders, for the sale of goods, wares, merchandise, or services, including without limitation, the selling, distributing, exposing for sale or soliciting of orders, for magazines, books, periodicals or other articles of a commercial nature, the contracting of all home improvements or services to be performed in the future whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payment on such sale.
- For the purpose of this section solicitor and canvasser shall mean the same person.
- Applicants for a license shall file with the Chief of Police, on a form issued by the Police Department, a written application signed under the penalties of perjury, containing, but not limited to, the following information:
- Name of applicant
- Address of applicant (local and permanent home address)
- Applicants height, weight, eye and hair color
- Applicants social security number
- The length of time for which the right to do business is desired
- A brief description or the nature of the business and the goods to be sold
- The name and address of the applicants employer; if self-employed, it shall so state
- A recent photograph of the applicant. The picture shall be supplied by the applicant and be 2" x 2" showing the head and shoulders of the applicant in a clear and distinguishing manner.
- If using a motor vehicle: the year, make, model, color, v.i.n., registration number, state of registration and vehicle owners name and address.
- Application Fee
At the time of filing the application, each applicant shall pay a fee of Twenty Five Dollar
- Investigation and Issuance of License
- Upon receipt of the application, the Chief of Police or his designee, shall investigate the applicants reputation as to criminal record or any other record which might demonstrate the applicant as a danger to the public.
- After an investigation, but within seven (7) business days of the filing of the application, the Chief of Police shall endorse on such application his approval or disapproval, and in the case of disapproval, set forth his reasons therefor.
- Failure of the Chief of Police to act on said application within seven (7) business days of the applicants filing shall constitute an approval.
- If disapproved, the applicant shall have the right of appeal to the Board of Selectmen which shall be requested in writing within seven (7) days of the denial by the Chief of Police.
- The Board of Selectmen must act upon the appeal at one of their next two regularly scheduled meetings. Failure to so act shall constitute an approval.
- Such license when issued shall contain the signature of the Chief of Police or the Board of Selectmen and shall show the name, address, a recent photograph of the licensee, the date of issuance, an expiration date, and the license number.
- The Police Department shall keep a record of all licenses issued for a period of six (6) years. Solicitors when engaged in the business of soliciting or canvassing are required to display the identifying badge issued by the Police Department. The badge shall be worn on an outer garment or otherwise prominently displayed so as to be easily readable by any person facing said solicitor.
- Each solicitor is required to possess an individual license.
- No license shall be required for officers or employees of the Town, County, State or Federal Governments when on official business.
- No license shall be required for minors under the age of eighteen unless in connection with commercial activity.
- No license shall be transferred.
- Revocation of License
- The Chief of Police is hereby vested with jurisdiction over the revocation of licenses.
- Any person aggrieved by such revocation may appeal to the Board of Selectmen, in writing, within seven (7) business days, and a hearing will be scheduled for one of their next two regularly scheduled meetings.
- Expiration of License
- Each license issued under the provisions of this section shall continue in force from the date of issuance until the thirty-first of December following, unless sooner revoked.
- Renewal of License
- A license issued under the provisions of this section may be renewed by the Chief of Police.
- An applicant requesting a renewal of a license must apply in person for such license renewal, and provide such information as required to obtain the initial license.
- No solicitor, licensed or exempted from license, may misrepresent, in any manner, the buyers right to cancel as stipulated by Chapters 93, 93A and 255 of the General Laws.
- No solicitor, licensed or exempted from license, may use any play, scheme or ruse which misrepresents the true status or mission of the person making the call in order to gain admission to a prospective buyers home, office or other establishment for the purpose of making a sale of goods or services.
- It shall be unlawful for any solicitor to enter the premises of a person who has displayed a "no trespassing" or "no soliciting" sign or poster.
- It shall be unlawful for solicitors to ignore a persons no solicitation directive or remain on private property after its owner or occupant has indicated that the solicitor is not welcome.
- Solicitation/Canvassing Times
- There shall be no soliciting or canvassing between the hours of 6:00 P.M. and 9:00 A.M.
- Any person violating any provision of this section shall be subject to arrest, and upon conviction, be punished by a fine of not less than fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) for each and every offense.
- No person shall stand or loiter in or on any street, sidewalk or public place in such a manner as to obstruct the free passage of travelers thereon.
- No person shall on such street, sidewalk or public place, after being directed by a police officer to move on and disperse; on the same or subsequent day, reassemble to loiter or remain so as to obstruct the free passage of travelers or motor vehicles.
- Nothing in this section shall be construed to deny the rights of peaceful picketing.
ARTICLE VII - ANIMALS
- Whoever shall pasture any cattle, horses or other animals, either with or without a keeper, upon any street or way in the Town, shall forfeit a sum not less than two nor exceeding ten dollars for each violation thereof; provided that nothing herein contained shall affect the right of a person to the use of the land within the limits of a street or way adjoining his own premises.
Moved: Art. 16, STM, 5/5/94; Eff. 7/18/94
2 ABSOLUTE LEASH LAW
- Definition of Terms:
- Animal Shelter: Any premises designated by town administrative authority for the purpose of impounding and caring for animals held under authority of this By-Law.
- Canine Control Officer: Any person or persons appointed by the Town Administrator with the approval of the Board of Selectmen, as the dog officer or officers under the provisions of Chapter 140, Sections 151 and 151A of the General Laws to carry out the provisions of this By-Law. In the absence or vacancy in the office or unavailability of the canine control officer, the Towns Inspector of Animals or his deputy shall perform the duties of the canine control officer (s).
- Dog: All animals of canine species, both male and female.
- Owner and/or Keeper: Any person or persons, firm, association or corporation owning , keeping or harboring a dog as defined herein.
- Restraint: A dog shall be deemed to be under restraint if accompanied by a competent and responsible person who shall have the dog under control by holding it firmly on a leash no greater than six (6) feet in length.
Amended: AFTM 10/4/83, Art. 32; Eff. 12/30/83
- Veterinary Hospital: An establishment maintained and operated by a licensed
veterinarian for the boarding of animals or the diagnosis and treatment of diseases
and injuries of animals.
- Restraint of Dogs
No person shall own, keep or harbor in the Town of Billerica, outside the confines of the owners property (meaning owned, rented or leased), any dog which is not held firmly on a leash, no longer than six (6) feet, by a person who shall have control of such a dog. All persons keeping, owning or having possession, charge, custody of any dog shall confine such dog on their own premises by means of a leash, tether, run or enclosure.
Amended: AFTM 10/4/83, Art. 32; Eff. 12/30/83
- Restrained Dogs
Unrestrained dogs will be taken by the canine control officer and impounded in an animal
shelter, and there confined in a humane manner. A police officer at his or her discretion may
impound the dog. If by an identification tag or by other means the owner can be identified,
the canine control officer shall immediately upon impoundment notify the owner of the
impoundment of the animal.
- Reclaiming Impounded Dogs
An owner reclaiming an impounded dog shall pay an administrative fee of $15.00 plus $2.00 boarding charge for each day that the dog has been impounded, to a total maximum payment of $35.00.
- Female Dogs
Every female dog in heat shall be confined in a building or secured enclosure in such a manner that such female dog cannot come into contact with another animal except for planned breeding. The canine control officer shall have the power to enforce a regulation to eliminate what he may deem to be a nuisance.
No owner shall fail to exercise proper care and control of his or her dog to prevent said dog from becoming a public nuisance. Excessive or untimely barking, molesting passersby, chasing vehicles, habitually attacking people or other domestic animals, trespassing upon school grounds, or trespassing upon private property in such manner as to damage property shall be deemed a nuisance.
2.7 Quarantining of Dog That Bites
Any dog which bites a person shall be quarantined for ten days if ordered by the inspector of animals. During quarantine, the dog shall be securely confined and kept from contact with any other animal by confinement indoors. At the discretion of the inspector of animals, the quarantine may be on the premises of the owner. If the inspector of animals requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his own expense, place it in a veterinary hospital.
- Animals Suspected of Being Rabid
No police officer or other person shall kill, or cause to be killed, any animal suspected of being rabid, except after the animal has been placed in quarantine and the diagnosis of rabies made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely killed and the head of such animal sent to a laboratory for pathological examination and confirmation of diagnosis.
- Any canine control officer shall have police powers in the enforcement of this bylaw and no
person shall interfere with, hinder, molest or abuse any canine control officer in the exercise
of such powers.
Every owner and keeper of a dog more than six months old shall cause said dog to be vaccinated or re-vaccinated by a licensed veterinarian with anti-rabies vaccine, prior to the date of application for a dog license for said dog. Application for each annual dog license shall be accompanied by written proof of vaccination of the dog against rabies, and if applicable, a spaying or neutering certificate for dog being licensed for the first time.
- License Fees
Period for purchasing a dog license shall be January 1st to March 10th. After that date, a late
penalty charge of Ten Dollars ($10.00) shall be added to the license fee. Normal dog license
fees shall be Eleven Dollars ($11.00) for male or female dogs and Seven Dollars($7.00) for
spayed female or neutered male dogs.
A violation or breach of any one of the above noted subsections shall be punishable as follows and will not be considered criminal under this article:
$25.00 for the first violation
$50.00 for the second violation
$50.00 for each subsequent violation or surrender of the dog.
Complaints will be sought in a District Court according to Chapter 140, Section 173A of the General Laws.
Amended: ATM 5/6/86, Art. 30; Eff. 8/6/86
AFTM 10/3/89, Art. 36; Eff. 3/1/90
- If Parts of By-Law Invalid
If any part of this By-Law shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this By-Law. No provision or interpretation of a provision of this By-Law is intended to be either in conflict with, or an attempt to change, any statutory provision in Chapter 140 pertaining to dogs.
Article 33, FTM 10/7/80; Eff. 2/5/81
3 DANGEROUS DOGS
- Indication of a Dangerous Dog
- Any dog, which, according to the records of appropriate authority has inflicted severe injury of a human being without provocation on public or private property; or
- Any dog, which, according to the records of appropriate authority, has killed a domestic animal without provocation while off the owners property; or
- Any dog, owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or
- Any dog, not owned by a governmental or law enforcement unit used primarily to guard public or private property;
- If a dog is deemed dangerous by the above indications, the Selectmen must hold a public hearing to determine if the dog shall be removed from Billerica or destroyed. The hearing shall be held within thirty (30) days of the complaint.
- Regulations shall stipulate that if the owner or keeper of a dangerous dog is minor, the parent or guardian of that minor shall be responsible for compliance with the specifications of the ordinance for the care and housing of the animal and shall also be liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by the dog.
- Insurance Requirements or Bond for Dangerous Dog as Outlined:
- The owner or keeper of a dangerous dog shall present to the Town Clerks Office proof that the owner or keeper has procured liability insurance in the amount of at least One Hundred Thousand Dollars ($100,000.00) covering the twelve (12) month period during which licensing is sought. This policy shall be a provision requiring the Town of Billerica to be named as an additional insured for the sole purpose of the Town of Billerica to be notified by the insurance company of any cancellation, termination or expiration of the policy.
- Exemptions for Animals that are Provoked
- No dog may be declared dangerous if threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.
- Any dog not licensed will be subject to a Twenty Five Dollar ($25.00) fine. If not licensed within five (5) working days, will be subject to a second fine of Three Hundred Dollars ($300.00) a day thereafter.
- Any dog involved in a bite, no matter how slight, will be quarantined for a period of ten (10) days and will be taken to a licensed veterinarian for an examination and results sent to the Board of Health; failure to comply, will result in a fine of Three Hundred Dollars ($300.00) after fourteen (14) days.
- Failure to license or register such an animal within five (5) working days or obtain liability insurance within thirty (30) days shall carry a fine of at least Three Hundred Dollars ($300.00) per day; failure to comply with these rules could result in confiscation of the animal.
Amended: Art. 19, AFTM, 10/4/88; Eff. 1/13/89
ARTICLE VIII - PUBLIC UTILITIES
1.Rules and Regulations
- Rules and regulations for the Water Division of the Department of Public Works shall be established by the Director of Public Works.
- The rules and regulations shall be approved by the Board of Selectmen and the Town Administrator.
- Customers shall use water within these rules and regulations.
- The customer shall state what the water shall be used for on their application.
- These rules and regulations shall be updated as necessary.
- This section shall not apply to any residence now served by an existing Town water system.
- The Town of Billerica shall levy special assessments to meet the cost incurred for laying water pipes in public and private ways for the conveyance or distribution of water.
- An owner of land which receives benefit from the laying of pipes for the distribution of water to his land or buildings shall pay a proportionate amount of the cost not already assessed for those pipes.
- The entire cost of laying or extending water pipes shall be determined by a designee of the Director of Public Works.
- Any person applying for water service from any main or main extension which was installed by or as a requirement of the Town shall prior to the installation of water service, pay to the Town an entrance fee as established by the rules and regulations as established by this article.
- The fee or any portion thereof shall be waived if the customer has paid a fee for or has been party to, the installation of the main or main extension or it is the determination of the Director of Public Works or his designee that he should be exempt for the reason of hardship.
- The owner of any building upon land abutting a common sewer line, shall be required to connect to the same by a sufficient drain within one (1) year from the time said sewer line passes their property as stated in Article II, Section 1 of the Town Sanitary Rules and Regulations.
- Tie-In Prior To Sale
The owner of any building upon property abutting a common sewer line, who has entered into an agreement to sell said property, shall be required to tie in to the said sewer line prior to the completion of the sale of said property.
- SEWER ASSESSMENTS
- The Board of Selectmen may assess part or all of the cost hereinafter incurred of common sewers upon each owner of land within the territory served by such sewers and who enters his particular sewer into such sewers, or who by more remote means receives benefit by such sewerage system, provided that the project was commenced by petition of a majority of the owners of land within the territory served, each ownership entity to count as one petitioner, or that assessment for the project was approved by vote of Town Meeting by a fixed uniform rate or rate based upon a uniform unit method, as set forth in G.L. C.83, S15, as the Board of Selectmen may determine in each case in consultation with the Sewer Extension Committee, such assessments to be apportioned fairly and proportionately and to be made within a reasonable time after the project is completed.
- The amount to be charged against each parcel of land receiving benefit from a particular sewerage project shall include the cost of the pipes and other material and of the labor in laying them and other expenses incidental thereto and shall be ascertained, assessed and certified by the Board of Selectmen in consultation with the Director of Public Works once the project is completed.
- The owners served by the project shall be assessed one hundred percent (100%) of the total cost of the project to the Town.
- The cost of sewage treatment plants, pumping stations, trunk mains and force mains, being general benefit facilities, shall be separated from that of sewer mains serving adjacent properties, being special benefit facilities. The total cost of the general benefit facilities shall be apportioned by the uniform unit method set forth in G.L. C83, Section 15 on all areas to receive benefits within the sewer district or combination of districts. The cost of the general benefit facilities, attributable to undeveloped land not abutting a sewered street, may not be assessed until sewers are extended to the street on which the undeveloped land abuts or the undeveloped land is otherwise serviced by the public sewage system. The proportional cost of the special benefit and general benefit facilities shall be assessed against all properties, whether developed or undeveloped, abutting a sewered street.
- If upon receipt of the notice of assessment sent by the Tax Collector in accordance with G.L. C80, Section 4, the owner pays the amount due in full, no lien shall be recorded in the Registry of Deeds with respect to the property assessed and it shall be indicated on the next tax bill that the amount of the betterment assessment has been paid and no further notation or demand shall be made with respect to such assessment.
Art. 9, ASTM 5/7/96: Eff. 7/31/96
3.6 The Board of Selectmen, in consultation with the Sewer Extension Committee, may
declare that a sewer laid in any land or way, public or private, opened or proposed to
be open for public travel, is a common sewer. If such a sewer is laid in a private way
or land at the expense of the owner thereof, his land shall not be assessed for the cost
of such sewer, but his land may be assessed for the cost of connecting such sewer
with common sewers already established, for benefits received by remote means
from the sewerage system and for annual sewer use fees.
- The Board of Selectmen may assess and collect estimated sewer assessments in
connection with the construction of water pollution collection, pumping, treatment
and disposal facilities. The total amount of such estimated sewer assessments shall
not exceed one-half of the Towns liability under all contracts it has entered into for
the construction of such facilities, and the total of such estimated assessments shall
be allocated by the same method used for the allocation of the actual assessments
upon the completion of the work.
Amended: Art. 38, AFTM, 10/5/95; Eff. 2/23/96
- ALL BETTERMENT ASSESSMENTS
- Unpaid assessment shall bear interest at a rate equal to two percent (2%) above the rate of interest chargeable to the Town for the betterment project to which the assessments relate, or five percent (5%), whichever is higher, from the thirtieth day after commitment to the tax collector.
- The Board of selectmen shall, upon the application of the owner of the real property assessed, if such owner is eligible for an elderly property tax exemption under G.L. Chapter 59, Sub-section 5, Clause 41A, enter into a deferral and recovery agreement with such owner, provided that such application is received within six months after notice of such assessment has been sent out by the Tax Collector and provided that said agreement shall contain the provisions set forth in G.L. Chapter 80, Section 13B.
Amended: Art. 40, AFTM, 10/3/95; Eff. 2/6/96
ARTICLE IX - BUILDING DEPARTMENT
- All applicants filing for building permits or subdivisions shall file copies of plans with the Building Department.
- Plans shall not be less than 8.5" x 9".
- Plans shall have sufficient clarity and detail to indicate the nature and character of the work.
- Plans shall contain the general description and location of the proposed work.
- Plans shall contain information in the form of notes as needed by the Board of Assessors to maintain Assessors Maps.
- The following fees shall be charged for all Building Permits issued by the Building Department. (See fees on file at the Building Department).
- Such fees shall be paid to the Building Department.
- In the case of an emergency as determined by the Building Inspector, there will be no fine assessed for starting work without a permit.
- (No 2.3 included in the article as presented at Town Meeting.)
- Section 2.3 does not apply in the case of an emergency as determined by the Inspector or Buildings.
- The Board of Selectmen may amend the schedule of fees, subject to the approval of the next Town Meeting.
- The Board of Selectmen may, at the request of the Inspector of Buildings, waive payment of the permit fee in the following cases:
- Any application involving municipal, religious or charitable organizations.
- In such other cases deemed to be in the best interest of the Town.
- The Plumbing Inspector shall be the inspector of gas piping and appliances.
- The Plumbing Inspector shall enforce the rules and regulations promulgated by statute, established under Chapter 142 of the General Laws.
- No person shall engage in gas fitting without first obtaining a permit from the plumbing inspector. All installations shall be in compliance with the provisions of the Massachusetts Code for Installation of Gas Appliances and Gas Piping as stated in Chapter 142 of the General Laws.
- Earth Material Removal
The removal of more than 500 cubic yards or thirty truck loads, whichever is smaller, of earth
materials from any land in the Town of Billerica not in public use is hereby prohibited.
- Such removal may be authorized in any zoning district by a permit issued by the Board of Appeal.
- No such permit shall be issued until a written application is filed with the Board of Appeal and a public hearing is held.
- Such application shall include a diagram to scale and a statement of the ownership and boundaries of the land for which such permit is sought.
- An abutters list and the approximate locations of all existing public or private ways nearest such land shall be included.
- A permit may include but is not limited to the following conditions:
- extent of time
- area and depth of excavation
- steepness of slopes excavated
- distance between edge of excavation and neighboring properties or ways
- temporary or permanent drainage
- the posting of security or bond
- the replacement of not less than six inches of topsoil over the whole or any area from which earth materials are removed where the location of such removal is afterward to become a residential subdivision
- in the case of continuing sand or gravel pit operations in one general locus, recovering the finished cut banks with a minimum of four inches of topsoil
- A copy of the permit with conditions if any or the denial of any application for a permit with the reasons for the denial, shall be filed by the Board of Appeal in the office of the Town Clerk.
- Notice of the action taken by the Board of Appeal on any such application shall be mailed forthwith by the Board to the interested parties.
- This regulation shall be deemed not to prohibit the removal of less than 500 cubic yards or thirty (30) truck loads, whichever is smaller, of earth materials as may be required to:
- Be excavated for the purposes of constructing foundations for buildings or other allowable structures after a building permit has been issued.
- For the purpose of constructing ways in accordance with approved lines and grades.
- For the purpose of constructing utilities or other engineering works for public service.
- This article does not prohibit the transferal of earth materials from one part of a lot of land to another part of the same lot of land.
8. Excavations and Abandoned Wells
- All owners of land in the town of Billerica whereon is located an abandoned well or a well in use, shall provide a cover for such well.
- The cover shall be capable of sustaining a weight of 300 pounds.
- The cover shall be kept in place whenever the well is not in active use.
- In lieu of a cover, the well shall be filled level with the surrounding ground.
- Any violation of this by-law shall be punishable by the penalty provided for in Chapter 40, Section 21, Sub-section 20 of the General Laws of Massachusetts
- All owners of land which has been excavated shall erect barriers on all sides thereof, or take other suitable measures to insure the public safety if such excavation is left open for a period of more than seven (7) days.
- Any violation of this by-law shall be punished by a fine of not more than $100.00.
- Earth Materials: sod, loam, clay, sand, peat, gravel or stone.
Amended: Art. 39, AFTM 10//5/93; Eff. 1/11/94
- The following shall apply to premises licensed in accordance with the General Laws, Chapter 138, Alcoholic Liquors, or Chapter 140, Theatrical Exhibitions, Public Amusements, etc., Section 181, Licenses, Fees, Applications, suspension or revocation or 183A, concerts, dances, exhibitions,. Public shows, etc., application, suspension of revocation, rules and regulations.
- No employee of a licensed establishment or other person may mingle with the patrons of the establishment while such person is unclothed or in such attire to expose to public view any portion of the public area, anus, or genitals, or any simulation thereof, nor may a licensed establishment allow any female person to mingle with patrons on the premises while she is appearing in any manner of attire as to expose to public view any portion of the breast below the top of the areola, or any simulation thereof.
- It is forbidden to employ or permit any person in or on the licensed premises to perform any act or acts of sexual intercourse, masturbation, sodomy, flagellation or any sexual acts prohibited by law.
- Employees or entertainers may not engage in touching, caressing, or fondling of the breasts, buttocks or genitals of another.
- The provision of this by-law shall be deemed severable.
Amended: Art. 32, FTM, 10/1/96; Eff. 12/9/96
- Anyone who is obliged to file an entertainers disclosure statement with the Commissioner of Public safety pursuant to the provisions of G.L. C. 140, Section 181A, appearance under assumed names; statement filed; penalty shall also file a copy of such disclosure with the Chief of Police. The copy of such disclosure shall be accompanied by a copy of photographic identification which sets forth the true name, legal address and date of birth of the entertainer.
Amended: Art. 33, FTM, 10/1/96; Eff. 12/9/96
ARTICLE XII - PERSONNEL BY-LAW
I. EMPLOYEE CLASSIFICATION
- There is hereby established a Personnel By-Law (Article XII of the Billerica General By-Law) for those non-school employees and officials of the Town of Billerica, drawing compensation, who are not covered by collective bargaining agreements relative to salaries, wages, hours, benefits, and other conditions of employment.
- Employees excluded from Step #1 are all employees whose employment status is classified as temporary, seasonal, emergency, substitute, casual and the like. The position of Town Administrator and his/her designee shall not derive, in entirety, any benefit from the provisions of Article #12 - The Personnel By-Law.
- Hereinafter, the Town Administrator and his/her designee, and the Board of Selectmen of the Town of Billerica, shall be referred to as the "Town" in all sections of this By-Law unless duly noted.
- This By-Law shall be administered by the Town Administrator of the Town of Billerica as provided for in Section 3-3 of the Town Charter.
- The starting rate shall be the minimum of the rate range for the job as established by the Town Administrator. Subject to the approval of the Town Administrator, new employees may be hired in excess of the minimum, but not in excess of the maximum established rate.
- In the case of an emergency declared by the Town Administrator, the Town may employ emergency employees for a period not to exceed twenty (20) working days.
- All employees subject to this By-Law shall be entitled to step increases on the anniversary date of their employment until the maximum for their job is attained, subject to satisfactory performance evaluations as administered by the Town Administrator or a designee. In the case of promotion or transfer in job classification, the employee shall be entitled to step increases on the anniversary date of promotion or transfer until the maximum for the new classification is obtained. Permanent part-time employees, covered under this By-Law, working a minimum of 16 hours per week, shall be granted increases in accordance with the percentage given to the regular full-time employees covered by this By-Law.
- Benefits outlined in the By-Law shall be pro-rated for all permanent part-time employees, who are covered by this By-Law, working a minimum of 16 hours per week.
- Hereinafter, the employees fulfilling the requirements cited under #1 and #2 of this Section of the By-Law, shall be referred to as the "Town Employee" or "Employee" in all sections of this By-Law unless duly noted.
II. EMPLOYEE RIGHTS AND REPRESENTATION:
- Coercion: There shall be no discrimination, reprisals, or retaliation taken against the employee due to his/her activity, involvement, or assistance in this By-Law by the Town. The Town shall agree there shall be no discrimination, reprisals, or retaliation taken against the Employee for his/her approbation to the conditions of this Personnel By-Law in its entirety.
- Discrimination: The Town shall not discriminate against the Employee, covered by the provisions of the Personnel By-Law, for reasons of race, color, religion, national origin, ancestry, sex, sexual preference or orientation, age, marital status, veteran history, or handicap, in accordance with applicable laws and regulations in the hiring, promoting, transferring, assigning, suspending, demoting, discharging, and relieving an Employee from work.
- Committee: A five (5) member Committee shall be created by those Employees covered by the provisions of the Personnel By-Law for the purpose of reviewing, addressing and presenting the Personnel By-Law to the Town Administrator or his/her designee. The Town shall grant a leave of scheduled work time, without loss of pay or benefits, to this Committee and all Employees, for as many meeting as deemed necessary by the Committee, with the permission of the appropriate Department Supervisors.
- The Town shall agree to provide an adequate meeting area for this Committee and all Employees covered by this By-Law for the purpose cited in #3 of this Section
- A written request shall be made by the Committee at least one (1) calendar week prior to the proposed scheduled meeting date, to the Town.
- Approval shall not be unreasonably withheld by the Town. Written approval or denial shall be made known and received before three (3) working days of the proposed scheduled meeting, by the Town.
- Employees, participating under the conditions of Section II shall not be penalized by loss of pay or benefits and shall not be required to make up such time by the Town.
III. CIVIL SERVICE
- The Town and employees covered by the provisions of the Personnel By-Law shall recognize and adhere to all Civil Service and State Labor Laws, rules and regulation, relative to appointments, promotions, transfers, assignments, job titles, discharges, demotions, removals, and suspensions, where such positions and jobs are applicable under Civil Service.
- All cases where Civil Service and Job titles are in effect, the Town Administrator will use these classifications and job titles.
IV. CREDIT UNION
- Employees of the Town shall be allowed to operate, maintain and participate in a Credit Union incorporated pursuant to Massachusetts General Laws, Chapter 171.
V. GRIEVANCE PROCEEDURE
- A "Grievance" is hereby defined as a complaint by an employee or group of employees that is based upon an alleged violation of, or an alleged variation from, the provisions of the Personnel By-Law, or the interpretation, meaning or application thereof, and an aggrieved employee is a person or group of persons making such a complaint through the formally prescribed outline of Section V.
- All requests for meeting, hearing, replies, extension, decisions and filing of grievances amongst all parties shall be in the written form.
- A grievance shall be first presented by the aggrieved employee to his/her immediate supervisor within fourteen (14) calendar days of the incident cited as the grievance. A sincere and serious effort shall be made, by all parties involved, to adjust the grievance at an informal hearing within fourteen (14) calendar days of the filing of the grievance. Said grievance shall be cited, identified and outlined, in writing.
- If the grievance is not resolved by the activation of Step #3, the grievance shall then be presented formally to the Town Administrator or his/her designee. The Town Administrator shall have ten (10) calendar days to reply to the grievance.
- Time periods may be extended, noted in Steps #3 and #4, at the actual agreement of the Town and the employee/committee. Written confirmation as to the extensions taken shall be made known to all parties involved.
- If the grievance is not resolved by the activation of Step #4, the employee/committee shall formally notify the Personnel Board requesting a hearing within twenty (20) calendar days after the time period of Step #4 has expired. The Personnel Board shall answer the grievance within ten (10) calendar days after the formal hearing has taken place.
- The aggrieved employee or group of employees shall reserve the right to be assisted by the Committee, as described in Section 11, #3, and legal counsel at any time of the grievance period once Step #3 has been initiated. The employee shall reserve the right to call witnesses, question witnesses, and submit information and evidence to support his/her grievance.
- Any dispute arising between an employee or group of employees and the Town which is submitted as a grievance for resolution under Section V if such dispute or grievance is a suitable matter for submission to the Massachusetts Civil Service Commission or the Massachusetts Commission Against Discrimination, this prerogative may be exercised by the employee and with the assistance of the Employee By-Law Committee and legal counsel.
- Any grievance not presented in writing within the time specified shall be constituted as a waiver.
- The Town Administrator, his/her designee, shall receive written notification when the time set forth in Step #4 has expired, from said employee. The Town Administrator, his/her designee, shall be granted under Step #10, an extension of Step #4, for ten (10) additional calendar days in which to respond to the grievance. Failure to comply within the extension cited in Step #10 by the Town Administrator or his/her designee, shall be construed as a favorable decision to the employee or group of employees.
- The position of Town Clerk, Assistant Town Clerk, and the Town Accountant shall not derive any benefit from Section V in its entirety.
- No employee shall be disciplines, demoted, transferred, reprimanded or discharged involuntarily except for just cause.
- Any Employee, covered by the provisions of the Personnel By-Law, subjected to actual specific disciplinary action (s) shall and must receive written notification stipulating the specific infractions(s) and the specific action(s) to be taken for such infraction(s).
- Upon disciplinary actions allegedly not for just cause, the employee may file a claim through Section V of the Personnel By-Law or through the provisions of Civil Service (only for employees where this is applicable), but not both.
- Written selection of the claim process in Step #3 must be filed with the Town Administrator or his/her designee or Appointing Authority, whichever is applicable and required, within ten (10) business days of receiving written notification in Step #2. The selection of one claim process (Section VI - Step #3 or Civil Service) shall immediately and automatically constitute a waiver of the alternate process.
- Failure to elect a claim process in Step #3 within ten (10) business days to the appropriate Town official, shall constitute a waiver of both Section VI of the Personnel By-Law and Civil Service remedies.
- The Town shall furnish copy of all correspondence between the employee and employer pertinent to any and all allegations, infractions, and disciplinary actions to the employee By-Law Committee accordingly as to the action taken by the Town under Section VI against any employee covered by the provisions of the Personnel By-Law.
- The Town shall not institute any test program, i.e., alcohol, drug, without prior written notification to all employees and the Committee and approval by the majority of the employees covered by the provisions of the Personnel By-Law.
VII. REMOVAL AND SUSPENSION:
- As provided for in the Billerica Town Charter under Article 7, section 7-7, any appointed officer or employee of the town, except the Town Administrator, whose removal or suspension is not covered by the provisions of general law or the terms of a collective bargaining agreement, whether appointed for a fixed or an indefinite term, may be suspended or removed from his duties by the appointing authority.
- The appointing authority when acting to remove or suspend any appointed officer or town employee, shall act in accordance with the following procedure:
(a) A written notice of the intent to remove or to suspend and a statement of the cause or
causes therefor, shall be delivered in hand to the officer or employee, or mailed by
registered or certified mail to his last known address.
- Within five days following delivery of the said notice, the officer or employee may request a public hearing by submitting, in writing, a request therefor to the appointing authority and personnel board, and by filing a copy of said request in the office of the town clerk and personnel board.
- The personnel board shall hold a public hearing not less than seven nor more than fourteen days following the date of receipt of a request therefor, and shall give not less than five days written notice of such public hearing to the officer or employee affected. The officer or employee shall have a right to be represented by counsel at such hearing, to call witnesses, to examine witnesses and to introduce evidence at the public hearing.
- Not more than fourteen days following the public hearing, or not more than fourteen days following the delivery of the original notice of intent if no public hearing has been requested, the appointing authority shall take final action on the removal or suspension and shall, forthwith, notify the officer or employee, in writing, of the removal or suspension, or that the notice of intent has been rescinded.
VIII. RE-HIRING POLICY:
- All employees, covered by the provisions of the Personnel By-Law, effected by layoffs, cutbacks, position eliminations, or severe actions shall be considered first relative to the re-hiring process as positions become available within the Town of Billerica. Reasonable and sincere attempts shall be made by the Town to rehire each employee per classification, title, and position duties and responsibilities.
- Civil Service rules and regulations shall apply to those employees, covered by the provisions of the Personnel By-Law, who are covered by the Civil Service Laws. This provision shall not be limited to the layoff and re-hiring process.
IX. TERMINATION OF EMPLOYMENT
- Whenever an employee terminates his/her employment with the Town of Billerica, all
benefits associated with cash compensation, which are accumulative in nature, i.e., vacation
days, personal days, sick days, shall be paid at the established rate of pay for that time.
- The employee shall also receive all other pay due at the time of employment termination from
3. Termination status of employment shall be regarded as
- Voluntary separation in good standing; or
- Retirement; or
and qualifies the Employee for compensation of full and pro-rated benefits due him/her.
- All compensation shall be paid to the Employee or, in the event of his/her death, payment shall be made to the Employees estate.
- The following department heads are exempt from the layoff procedure: Assistant
Town Administrator, Principal Assessor, Public Works Director,
Treasurer/Collector and Town Accountant
- Employees shall have seniority rights in their specific classification according to job title, according to date of hire in that classification, subject to the prevailing provisions of Massachusetts General Law 31, dealing with layoff and recall rights, if applicable.
- An employee who is reduced in hours or laid off, shall be placed on a recall list.
- No new employees will be hired for any classification until the current recall list for that classification is exhausted.
- In the event of a layoff, affected employees shall be entitled to be compensated for all unused sick leave and all vacation days to which they are entitled as of the the layoff date.
- The town shall agree to the following eleven (11) holidays, which fall on or are observed on regularly scheduled work days, and shall be granted as paid holidays;
New Years Day Labor Day
Martin Luther King Day Columbus Day
Washingtons Birthday Veterans Day
Patriots Day Thanksgiving Day
Memorial Day Christmas Day
- Designated Holidays that fall on Sunday shall be observed on the following Monday and Holidays falling on Saturday shall be observed on the previous Friday.
- Any Employee on an unpaid leave shall not be eligible for Holiday pay during the period covered by the leave.
- An Employee on vacation shall be granted an additional day of vacation when a designated Holiday occurs during the vacation period.
XI. PERSONAL DAYS:
- Each employee shall be granted three (3) days off with pay each fiscal year, at his/her discretion to conduct personal business. Said days may not be taken on a Holiday. Personal days shall not be accrued and must be taken prior to June 30th of each fiscal year. Loss of said days shall be made if not taken prior to June 30th of each fiscal year. Use of a personal day shall require twenty-four (24) hours notice to the appropriate authority.
XII. PERFORMANCE EVALUATIONS:
- As of January 1, 1996, all Employees covered by the provisions of the Personnel By-Law shall be subject to an annual performance evaluation conducted by the Town Administrator or a designee, under criteria established by the Town Administrator.
- The vacation leave shall be accrued by all Employees covered by the provisions of the Personnel By-Law, pro-rated according to the normal and established number of hours worked per week or the number of days worked per week, in the following schedule:
5 years of service or less 2 weeks vacation
More than five, but less than 10 3 weeks vacation
More than 10 years of service 4 weeks vacation
Upon completion of six (6) months of consecutive employment, a newly hired Employee may use one (1) of the two (2) weeks vacation. All vacation requests must be approved by the appropriate department supervisor; a minimum of 24 hours advance notice is required.
- Any Employee may accumulate for paid compensation a maximum of thirty (30) vacation days.
- Any Employee on any type of unpaid leave for more than forty-five (45) calendar days shall not be entitled to vacation time until his/her return to work, at which time vacation time will be prorated.
- Any Employee, while on vacation for four (4) or more of his/her vacation days, who is required to return to work due to unforeseen emergencies, hearings, etc., shall be granted a replacement vacation day for each day or portion of a day he/she is required to return to work.
- An Employee shall be granted a replacement day of vacation if, while on vacation, a holiday occurs during this period.
- The vacation schedule shall commence on the first day of the fiscal year (July 1st). The Employees original employment date with the Town of Billerica shall dictate the number of vacation weeks the Employee is eligible for.
- Upon separation or termination of employment, the Employee shall receive cash compensation of any and all unused vacation leave allowable under Section XIII, not to exceed thirty (30) days.
- Upon the death of an Employee, his/her pro-rated and accrued vacation days shall be paid to his/her estate.
- All employees, covered by the provisions of the Personnel By-Law, shall be granted bereavement leave.
- Such leave shall not be charged as sick or vacation leave.
- Bereavement leave shall be paid, pro-rated, according to the employees normal and established number of hours worked per week or the number of days worked per week.
- In the event of a death of the following, the employee shall be granted five (5) business days bereavement leave without loss of pay or benefits, following the day of death for: Mother, Father, Spouse, Child, of the employee or of the employees spouse, any other relative residing with the employee, and in the event of a death of a person whereas the employee is solely responsible for all funeral arrangements of the deceased.
- In the event of a death of the following, the employee shall be granted three (3) business days bereavement leave, without the loss of pay or benefits, following the day of death of, for: Mother/Father-in-Law, Grandparents, Grandchild, Brother, Sister of the employee or of the employees spouse.
- In the event of a death of the following, the employee shall be granted one (1) business day bereavement leave, without the loss of pay or benefits, following the day of death of, for: Brother/Sister-in-Law, Aunt, Uncle, Niece, Nephew, Cousin, and all other relatives of the employee or of the employees spouse.
- There shall be no distinction of foster, step nor half relatives in the determination and consideration of granting the bereavement leave.
- The employee may be granted an additional three (3) business days extension, without loss of pay or benefits, at the approval of the Town Administrator or his/her designee. Said extension shall only be granted in the event of travel outside the New England states and extreme and extenuating circumstances which the employee shall make known to the Town Administrator or his/her designee.
XV. RETIREMENT INCENTIVE:
- Early retirement incentive shall, within the appropriation provided, be paid to an employee who has completed at least ten (10) years service with the Town of Billerica and intends to file for regular retirement. The employee must also meet the established requirement of twenty-five (25) hours per week as his/her normal and established work week.
- An employee shall receive a ten percent (10%) salary increase if retiring after age sixty (60) but before age sixty-two (62).
- An employee shall receive a fifteen percent (15%) salary increase if retiring after age fifty (50) but before age sixty (60).
- The percentage increment shall be paid over the last twelve (12) months of employment.
- An employee, anticipating retirement, shall notify the Town Administrator, his/her designee, or appointing authority, whichever is applicable, in writing, at least twelve (12) months prior to the proposed retirement date.
- An employee shall complete the "Notification of Proposed Retirement and Authorization for Payroll Adjustment Form" and submit copies of such form to the appointing authority, Personnel Board and the Town Administrator.
- An employee shall not submit more than one (1) Retirement Incentive Form nor receive more than one (1) Retirement Incentive compensation from the Town.
- An employee, satisfying the requirements of Section XV, shall be granted compensation pursuant to the applicable percentage (10% or 15%) and such compensation shall be increased proportionately by any wage and salary percentage increase that may be granted.
- An employee remaining in the service of the Town, while collecting compensation under Section XVI, after the proposed retirement date, shall have his/her salary/wages adjusted accordingly to reflect the retirement incentive compensation paid during this retirement notification period.
- The Town shall adjust the employees salary/wages to discontinue the retirement incentive pay effective the first business day after the proposed retirement date.
- Deductions and adjustments in the employees salary/wages shall be made by the Town, deemed necessary, to recover the incentive paid to the employee, in accordance with an established schedule determined by the Town.
- Upon the death of said employee, his/her incentive shall be adjusted for the number of weeks worked prior to the event of death with the appropriate incentive percentage and shall be paid to his/her estate.
XVI. CERTIFICATION AND LICENSES:
- The Town may agree to compensate, within the appropriations provided, all employees who are required by statute, job and employment qualifications and requirements, or combinations thereof, to maintain active and "in good standing" status of such certification, license requirements, and any and all other necessary professional fees.
- The Town shall pay tuition, registration fees, and cost of materials for courses and seminars taken by Employees covered by the provisions of the Personnel By-Law to enhance their work-related professional development, within the appropriations provided, with the prior approval of the appropriate department head and/or the Town Administrator.
XVII. MILITARY DUTY:
- All employees, covered by the provisions of the Personnel By-Law, who are called for State or Federal Military Training forces, shall be paid any difference in compensation between that drawn in the normal and established work period of two (2) weeks in their regular Town employment and the total compensation, excluding travel time, of the Military Duty.
- Such compensation shall not exceed two (2) weeks in a calendar year, and shall not include compensation to members of the National Guard who may be mobilized during an emergency in the Commonwealth.
XVIII. MILITARY SERVICE:
- All employees covered by the provisions of the Personnel By-Law, shall be granted a military leave of absence without pay when called involuntarily to active duty with the State or Federal Armed Forces for the purpose other than routine annual tour of duty for training purposes.
- The Town shall agree that the employees seniority rights shall not be affected while his/her leave of absence for said leave is in effect.
XIX. JURY DUTY:
- All employees, covered by the provisions of the Personnel By-Law, shall receive the amount equal to the difference between his/her normal compensation and the amount received from the Court.
- These provisions shall not make compensation to the employee for travel time.
- All employees, covered by the provisions of the Personnel By-Law, shall receive compensation for the use of his/her vehicle in the performance of their established and official duties and responsibilities for the Town of Billerica. Said compensation shall be paid at the rate equal to the amount the Federal Government allows for business mileage deductions in tax forms.
- All employees, covered by the provisions of the Personnel By-Laws, shall be eligible to participate in the Contributory Group Life, Accident, Hospitalization and Medical and Surgical Insurance Plan - as defined in Chapter 32B, plan adopted by townspeople be vote at the Annual Town Meeting of March 1958, one-half (1/2) to be paid by the employee.
- Eligibility for such participation shall be at the established requirement of the employee to work a minimum of twenty (20) hours per week.
- In the event an employee is absent due to conditions cited in Section XXIII, Step #8, the Town shall agree to pay the employees medical insurance up to thirty (30) working days. Such employee shall be required to reimburse the Town in a period not to exceed thirty (30) working days.
XXII. MATERNITY, ADOPTION AND FAMILY LEAVE:
- The Town shall grant to all Employees covered by the provisions of the Personnel By-Law, Maternity Leave in accordance with Massachusetts General Laws, Chapter 149, Section 105D.
- The Town shall also grant to all Employees covered by the provisions of the Personnel By-Law, leave time for the purpose of adoption in accordance with the provisions adopted under Chapter 318 of the Acts of 1989 under the maternity leave statute.
- In addition to the aforementioned leave provisions, the Town shall grant to eligible Employees leave time under the provisions of the Family and Medical Leave Act of 1993.
XXIII. SICK DAYS AND SICK LEAVE:
- All Employees, covered by the provisions of the Personnel By-Law, shall be granted fifteen (15) working days that shall be pro-rated, according to the Employees normal and established number of hours worked per week or the number of days worked per week, as the sick day allotment per fiscal year. Accumulation shall be unlimited.
- All new Employees shall accrue, but not draw compensation for, sick days during the probationary period of six (6) months.
- Any Employee terminating his/her employment with the Town of Billerica under the conditions of: voluntary separation in good standing, or retirement, or death, shall receive compensation in cash in an amount equal to a maximum of seventy (70) days for any unused and accrued sick days. Any Employee hired on or after January 1, 1996 shall not be entitled to compensation in cash for any unused and accrued sick leave upon termination of employment.
- All compensation in cash due the Employee, shall be made in accordance with Section IX (Termination of Employment) of the Personnel By-Law, in its entirety.
- Paid sick days shall be considered as time worked.
- All Employees shall notify his/her department or the appropriate authority of the illness within a reasonable time before the start of the work day.
- Upon notification of using a sick day, the Employee shall be at home, hospital, physician/dentist/medical professionals office or en route to or from such a facility. Failure to be in one of the aforementioned locations shall be considered an unauthorized sick day and an abuse of the sick day benefit.
- Sick leave shall be granted for sickness, injury or absence due to quarantine.
- Employees shall receive compensation payment for sick leave only for the number of accrued unused sick days accumulated.
- All compensation in cash due the Employee on sick leave shall be make in accordance with Section IX (Termination of Employment) in its entirety.
- Paid sick leave shall be considered as time worked.
- All Employees, covered by the terms and provisions of the Personnel By-Law, utilizing sick leave for five (5) consecutive working days or more, shall be required to provide a Medical/Dental/Professionals certificate to the appropriate authority within two (2) days of returning to work.
- Any Employee shall be required to notify the appropriate authority and his/her department that he/she shall be on sick leave prior to the start of the working day, establish an approximate leave period, and provide an approximate return date. Said Employee shall be accessible to his/her department and/or the appropriate authority. Exceptions shall be considered for, but not limited to, hospitalization, being en route to medical/dental facilities, therapy, for the inaccessibility to the appropriate authority or department.
- Sick leave benefits shall cease if a medical/dental/professional certificate is not presented documenting the reason (s) for such leave upon the request of the appropriate authority.
XXIV SICK LEAVE BANK:
- All Employees, covered by the provisions of the Personnel By-Law, may annually contribute one (1) of his/her accumulated sick days to a Sick Leave Bank and said contribution shall be matched by the Town. Any Employee who chooses not to contribute annually to the Sick Leave Bank shall not be eligible to draw any benefit from the Sick Leave Bank.
- The Town will contribute 50 days as a one-time start-up contribution to establish the Sick Leave Bank, effective as of January 1, 1996.
- Employees shall not be obligated to contribute if on any July 1st the bank has more than two hundred (200) days.
- Withdrawals from the bank shall be approved by a majority vote of a Sick Leave Bank Committee consisting of two (2) persons designated by the employees covered under the Personnel By-Laws and two (2) persons designated by the Town Administrator. In the event of a split decision, the Town Administrator shall be considered an ex-officio member of the Sick Leave Bank Committee, and as such, shall render a final determination concerning a request to withdraw days from the Sick Leave Bank.
- In order to be eligible to draw from the Sick Leave Bank, the employee must:
- have been employed by the Town for at least one (1) year;
- be absent because of a personal illness or injury anticipated to last more than six (6) weeks;
- verify said illness or injury in accordance with the provisions outlined in section XXIII, and to the extent requested by the Sick Leave Bank Committee;
- be willing to take all reasonable steps necessary to make a full recovery and prevent a recurrence of the disability including continued treatment for problems contributing to the disability;
- Decisions made by the Sick Leave Bank Committee shall be final and binding and not subject to reversal by the Town, appeals or grievances.
XXV LEAVE OF ABSENCE:
- All Employees, covered by the provisions of the Personnel By-Law, may be granted a leave of absence.
- Said leave of absence shall be considered as time the Employee leaves his/her position for any specific reason (s) in which he/she is not receiving any salary/wages or benefits from the Town.
- A leave of absence may be granted for a three (3) month period. An extension, not to exceed six (6) months, or any portion thereof, may be granted by written notification to and approval of the Town Administrator, stating the specific reason (s) why such leave or extension is requested.
- Such leave time period shall not be considered as broken employment. Said leave time period shall not be considered as time worked towards any benefit drawing compensation, until the Employee returns to work.
- ACCIDENTS - OCCUPATIONAL:
- All Employees, covered by the provisions of the Personnel By-Law, who are unable to perform his/her duties due to an industrial accident while performing the duties and responsibilities associated with his/her position, shall receive compensation in accordance with the Massachusetts General Law, Chapter 152.
- In the event of an industrial/occupational accident, an Emloyee shall notify the appropriate authority within forty-eight (48) hours after such event occurs.
- An Employee shall not be impeded by the Town from his/her rights under the Workmans Compensation Act.
- WORK WEEK:
- The work week for regular, full-time employees shall be defined as five (5) consecutive seven and one-half (7 ½) hour days, Monday through Friday, inclusive. The work week for regular part-time Employees shall be established by the appropriate department head.
- Work week exceptions shall include, but are not limited to, departments with earlier/later starting hours, earlier/later closing hours, and weekend hours.
- The normal established full-time work day, in accordance with Step #2, shall consist of seven and one-half (7 ½) consecutive hours within the twenty-four (24) hour period. Each Employee covered by the provisions of the Personnel By-Law shall be scheduled to work a period of regular starting and quitting time. Exceptions and variations will be a condition of employment or will be mutually agreed and established upon by said Employee and the Town.
- Any Employee not receiving overtime compensation and working additional hours outside his/her normal and established work hours and requirements/conditions of the position shall be granted time off by the appointing authority.
- Any Employee not receiving overtime compensation who is required to attend meetings, seminars, workshops, etc., that extend beyond the Employees normal and established working hours shall be granted time off by the appointing authority.
- The provisions of paragraphs 4 and 5 shall not apply to the department heads as defined in Section IX, Subsection B, "Layoffs".
- PERSONNEL RECORDS:
- An Employee or designated representative, covered by the provisions of the Personnel By-Law, may request and review any and all records maintained by his/her department, Personnel Board, Town Administrators office, Board of Selectmens office, and any other Town agency or department during normal and established working hours or upon request to the applicable department/agency.
- Any correspondence, other than established employment forms, shall not be entered into the
Employees personnel file or any other Town department/agency files unless said Employee
is informed by written notification of said entry.
Amended: Art. 44, AFTM, 10/3/95; Eff. 10/3/95
ARTICLE XVII - PROCEDURES
1 REGISTERED OR CERTIFIED MAIL
Any notice required by any town by-law to be sent by registered mail may be sent by either registered or certified mail.
If any section, paragraph, sentence, word or part of these by-laws are for any reason declared invalid or unconstitutional by any court, every other section, paragraph, sentence, word and part shall continue in full force and effect.
3 PUBLIC HEARINGS
All public hearings will be held in accordance with one or all of the following standards as specified in this by-law:
- 7 days notice prior to the hearing
- 10 days notice prior to hearing
- 14 days notice prior to the hearing
- in a local publication
- by certified mail
- by return receipt requested mail
- to direct abutters
- to abutters to abutters
- to all abutters
- within 100 feet
- within 300 feet
4 VIOLATIONS AND FINES
Unless it is specifically stated otherwise in the by-law, after a person has been notified in writing of a violation, each day that a violation of a General By-Law exists shall be treated as a separate offense.
Amended: Art. 38, AFTM, 10/5/93; Eff. 1/11/94
All advertising shall be published in a paper of local circulation in accordance with one or more of the following standards as specified in the by-law:
- for one week
- consecutively for two weeks
- consecutively for four weeks
- the last notice not to exceed 10 days prior to
- the last notice not to exceed 7 days prior to
Amended: Art. 29, AFTM 10/4/94; Eff, 2/13/95
6 MAILED NOTICES
All mailed notices will be sent in accordance with one or all of the following standards as specified in the by-law:
- 7 days notice prior to
- 10 days notice prior to
- 14 days notice prior to
- by certified mail
- by return receipt requested mail
- to direct abutters
- to abutters to abutters
- to all abutters
- within 100 feet
- within 300 feet
- all residents
- all voters
Amended: Art. 29, AFTM 10/4/94; Eff. 2/13/95
ARTICLE XVIII - SIGN REGULATIONS
All outdoor signs and window signs are subject to the regulations of this by-law
unless specifically excluded in Section 18.2.A.
All persons desiring to erect, modify or recover a sign shall apply to the Building
Commissioner for a sign permit, except that persons desiring to erect a sign in
accordance with Section 18.2.B, 18.2.D, 18.3 or 18.4.B need not apply for a permit.
Amended: Art. 42, ASTM, 5/7/91; Eff. 9/18/91
All applications for permits shall include at least a drawing to scale showing the
- The proposed sign including the proposed size, shape, location, coloring and lettering.
- All existing signs maintained on the premises.
- A plot plan and a sketch of the building facade indicating the location of the proposed and any existing signs.
- Specifications for construction, lighting and wiring in accordance with the State Building Code.
- Building Commissioner Action
The Building Commissioner shall issue a building permit and assign a unique
serialized sign number, where the first two digits represent the year of issue of the
sign permit, provided the proposed sign complies with this by-law, the State
Building Code and other applicable laws, by-laws or regulations.
- Sign SPGA
The Special Permit Granting Authority noted in Section 18-Sign Regulations, is the
Board of Appeal.
- Special Permits
In particular instances the SPGA may issue special permits for signs provided for
herein under SPGA authority, if it is determined that the architecture of the building,
the location of the building with reference to the street or the need to identify
establishments by their address and street number or the nature of the establishment
is such that the sign should be permitted in the Public Interest. In granting such
permission, the SPGA shall specify the size and location of the sign or signs and
impose other terms and restrictions as it may deem to be in the Public Interest. Any
application under this provision shall provide the information required in Section
18.1.B above and specific information in the form of perspectives, renderings,
photographs or other representations sufficient to show the nature of the proposed
sign, its effects on the immediate surroundings and the reasons for allowing it.
Special permits under this section are granted subject to the provisions of Section 17,
of the Billerica Zoning By-Law.
Amended: Art. 26, AFTM, 10/6/92; Eff. 1/11/93
8.2 GENERAL REGULATIONS
The provisions of Section 18.2 shall apply to all signs in all zoning districts. Additional
specific regulations for Residential, Business, and Industrial Districts are set forth in
Sections 18.3 and 18.4 respectively.
A. Government or Special Signs
Any sign owned and installed by a government agency or required by any law,
governmental order or regulation is not subject to this by-law. Signs mounted on
registered motor vehicles are not subject to this by-law, except vehicles or trailers
whose principal purpose is for the display of a sign or which display makes the
vehicle unsafe or unsuitable for highway operation. Signs carried by hand are not
subject to this by-law.
One sign with a non-commercial message, up to one (1) square foot in area is
permitted per residential lot.
- Religious Institutions
(This section deleted by the 1989 Spring Town Meeting)
- Real Estate Signs
One real estate sign, not over six (6) square feet in area advertising the sale or rental of the lot or buildings thereon is permitted. Real estate signs not more than twenty (20) square feet in area and not more than ten (10) feet in any dimension may be erected on subdivisions of land as defined in General Laws, Chapter 41, Section 81-L, solely to advertise the selling of land or buildings thereon in said subdivision, but not more than one such sign shall face the same street.
- All illuminated signs require a building permit.
- The illumination of any sign shall not exceed seventy-five (75) foot lamberts.
- A written certification of the foot lamberts of each illuminated sign shall be obtained from a licensed electrician, the sign manufacturer or a qualified consultant, which certification shall accompany the sign permit application and the sign shall be maintained in conformance to this certification.
- All internal sign illumination is permitted only upon issuance of a special permit by the SPGA, except for wall signs provided by Section 18.4.A., provided that the illumination does not exceed fifty (50) foot lamberts.
- No internal or external sign illumination is permitted between the hours of 12:00 midnight and 6:00 A.M., except for signs on premises open for business.
- Internal or external sign illumination shall be steady and stationary.
- Exterior sign illumination shall be shielded and directed solely at the sign.
- The width of an illuminated sign above the first story of a building shall not exceed three (3) feet.
- The illumination of individual letter signs shall be consistent with the application as submitted under Section 18.1.B; a lighting violation of said individual letter signs shall be construed as anything other than all letters being lighted or not lighted.
Amended: Art. 47, ASTM, 5/7/91; Eff. 9/18/91
- Signs Cannot Interfere with Traffic
No sign, including a window display or its illuminators shall by reason of its location, shape,
size, or color (i.e. particularly red or green) interfere with traffic or be confused with or
obstruct the view or the effectiveness of any official traffic sign, traffic signal or traffic
marking, if, in the opinion of the Building Commissioner with advise of the Chief of Police,
such sign would create a driving hazard.
No sign shall be painted or posted directly on the exterior surface of any wall. All exterior,
attached signs, except awning signs, shall be painted, posted, or otherwise affixed to a
substantial intermediary removable surface and such surface shall be securely affixed to the
wall of the building. The foregoing, however, shall not prevent installation
of a sign by individual letters or devices cut into or securely affixed to the exterior wall of
the building, provided that such letters or devices have a minimum depth of projection of
one-fourth (1/4) of an inch. The construction of the sign shall comply with the State Building
Code. Each sign must display its uniquely assigned permit serial number on the signs
display surface in order to be readable at a distance of ten (10) feet from the sign.
Every sign shall be maintained in good condition. If a sign shows corrosion or
deteriorated paint over 25% of the area of one side or if damage to the sign causes a loss
of 10% of its substance or if the sign suffers damage or deterioration which creates a risk
of harm to the person or property of another or if the establishment is no longer in
business, it shall be repaired or removed by the property owner.
- Prohibited Signs
The following signs are prohibited:
- Signs which incorporate in any manner flashing, moving or intermittent lighting, excluding public service signs showing time and temperature.
- Wind signs, including banners, pennants, spinners, streamers and other wind actuated components.
- String lights used in conjunction with commercial premises with the exception of temporary lighting for holiday decoration.
- Signs erected so as to obstruct any door, openable window, or fire escape on a building.
- Signed Not Permitted
The following signs are not permitted:
- Freestanding signs exceeding thirty (30) in feet height.
- Freestanding signs closer than ten (10) feet to any lot line, driveway, or paved parking area surface.
- Adopt-a-Street Sign/Sponsors on Public Property
Signs within the right-of-way or on public land erected for the purpose of identifying that a particular sponsor is a participant in the Adopt-a-Street Program, as well as sponsors on public property and with permission of the respective boards, committees and administration, are not subject to this by-law and are allowed by right. Sizes of signs to be limited to 24" x 30" or smaller. This By-Law is exempt from 18.1.C and 18.2.G.
Amended: Art. 9, STM, 10/5/93; Eff. 1/11/94
- RESIDENTIAL DISTRICTS
Garden-Style Apartment and Townhouse Housing Districts - A sign not exceeding twelve (12) square feet in area is permitted identifying development in a Garden Style Apartment and Townhouse Housing District.
- BUSINESS AND INDUSTRIAL DISTRICTS
Accessory signs on business establishments in business districts that comply with the following provisions are permitted:
- Wall Signs
- One principal wall sign is permitted on the front of the establishment to which it relates.
- A secondary wall sign may be installed making a direct entrance on a parking lot or another street in addition to the front wall sign. There shall be not more than two such secondary wall signs. Said sign shall have a width no greater than 50% of the maximum permissible width for the principal wall sign.
- No wall sign shall be more than three feet in overall height.
- In buildings where the first story is substantially above grade and the basement is only partially below street grade, one sign for each level is allowed if each sign has only one-half of the area that would be permitted for a single sign.
- In addition to the above signs, each building with three or more occupants may have one directory wall sign affixed to exterior wall of the building, if the main entrance of any individual establishment does not face the frontage street. The changeable plate for each occupant shall measure no more than one foot in height by three feet wide. Overall, the sign shall not exceed more than eight (8) feet in height and shall not be located above the first story of the building.
- Wall signs shall either be affixed to a wall and parallel to it or affixed to the roof above the wall and be parallel to the wall. They shall not project more than twelve (12) inches from the face of such wall.
- No wall sign shall project above the highest line of the main roof or parapet on the wall to which it is attached, whichever is higher.
- In cases where a building has multiple establishments, wall signs must be of a uniform height. Such signs may only be located in the space permitted for single-establishment buildings.
- Window Signs
Removable window signs on the inside of windows or transparent door are permitted; however, they may not cover more than 50% of the area of each transparent surface. No illumination is allowed except as provided in Section 18.2.E.
- Projecting Signs
In particular instances the SPGA may issue special permits for projecting signs in accordance with Section 16.1.E. No establishment shall be permitted more than one projecting sign.
- Standing Signs
The following standing signs are permitted:
- Standing signs permitted under Section 18.2.B and 18.2.D.
- During the construction of a building, a standing sign may be erected on the premises identifying the building, the owner, the contractors, the architects and engineers. Such a sign shall not exceed twenty (20) square feet in area or ten (10) feet in any direction. Such sign shall be removed promptly after the completion of the building.
- In particular instances, the SPGA may issue special permits for standing signs in accordance with Section 18.1.E. No establishment shall be permitted more than one standing sign other than signs directing traffic flow.
- Business Districts
In Business Districts, one freestanding landscaped sign per site is permitted provided that:
- The sign structure is not more than five (5) feet above the mean finished grade and seven (7) feet wide.
- The sign display surface is not more than twenty-four and one half (24.5) square feet, and not more than three and one-half (3.5) feet tall.
- The sign is not a billboard or non-accessory sign.
- All wall signs, projecting signs, window signs and roof signs, except directory signs stipulated in Section 16.4.A.5 and traffic signs stipulated in Section 16.4.G are not permitted.
- The sign message area is comprised of only one flat-face or two parallel flat faces and limited to a maximum thickness of two feet from face to face.
- The sign is set back at least ten feet from any street, lot line, driveway, walk or parking area surface.
- Industrial Districts
In Industrial Districts, one freestanding landscaped sign per site is permitted provided that:
- The sign structure is not more than five (5) feet above the mean finished grade and seven (7) feet wide.
- The sign display surface is not more than twenty-four and one-half (24.5) square feet, and not more than three and one-half (3.5) feet tall.
- The sign is not a billboard or non-accessory sign.
- All wall signs, projecting signs, window signs and roof signs, except directory signs stipulated in Section 18.4.A.5 and traffic signs stipulated in Section 18.4.G are not permitted.
- The sign structure is of a brick or masonry construction, complete with an adequate footing.
- The area around the sign is populated with at least six well-maintained evergreen shrubs that hide the entire base of the sign.
- The sign message area is comprised of only one flat face or two parallel flat faces and limited to a maximum thickness of two feet from face to face.
- The sign is set back at least ten feet from any street, lot line, driveway, walk or parking area surface.
- Business District Motor Vehicle Fuel Filling Stations
- These establishments may divide the wall sign provided by Section 18.4.A.1 into separate secondary wall signs, such as a secondary movable letter motor vehicle fuel price sign or signs indicating the separate operations or departments of the premises, provided that the total of the widths of these signs shall not exceed the maximum widths permitted under this by-law.
- The freestanding landscaped sign permitted by Section 18.4.D.4, if indicating the brand or name of motor vehicle fuel being sold, may include the use of a secondary moveable letter motor vehicle fuel price sign; such sign is not subject to Section 18.4.D.4.D
- The use of a secondary moveable letter motor vehicle fuel price sign, in the Interest of Public Safety, is subject to the following:
- The Building Commissioner shall file a written report, including the basis for the determination, relative to the provisions of Section 18.2.F.
- In the case of a freestanding sign usage, the display surface area shall be located under the freestanding landscaped sign and the price sign shall not be more than one (1) foot in height.
- The display surface area of a wall sign shall not be more than twelve (12) square feet, or for a freestanding sign, more than seven (7) square feet.
- Only one price sign is permitted per site and no more than four (4) different motor vehicle fuel prices may be comprised of movable letters.
- The change in lettering provisions not permitted by Section 18.5 shall not apply to the aforementioned changes in motor vehicle fuel prices.
- The standard un-illuminated moveable letter motor vehicle fuel price sign attached to each pump with a display surface of not more than thirteen (13) inches wide and eight (8) inches in height for each price, and the standard type of motor vehicle fuel pump bearing thereon the un-illuminated name or type of fuel thereof shall not be deemed to be signs within the meaning of this by-law.
Amended: Art. 52, ASTM, 5/7/91; Eff. 9/18/91
Art. 20, AFTM, 10/5/93; Eff. 1/11/94
F. Traffic Flow Signs
Signs directing traffic flow, except standard traffic control signs consistent with with the Federal Department of Transportation Regulations (i.e. Currently, the Federal Highway Administration Manual on Uniform Control Devices for Streets and Highways) and also recommended by the Chief of Police such as stop, one-way, yield, merge and the like, may not exceed three square feet in area and four feet in height, and each sign must also be approved by the Chief of Police or his designated Signage Safety Officer, for the purpose of insuring the safety of the public and the enforcement of all laws under the authority of the office of the Chief of Police.
G. Handicapped Parking Space Signs
Handicapped parking space signs, as required by Chapter 40 of the Mass. General Laws, Section 21 (23) (b), shall be identified by the use of above grade signs with white lettering against a blue background and shall bear the words "HANDICAPPED PARKING: Special Plate Required. Unauthorized Vehicle May be Removed at Owners Expense."
H. Changeable letter signs shall be allowed by special permit, per Section 18.1.E in
Business and Industrial Zones in addition to or in lieu of other signage allowed in this by-law under the following conditions:
- The nature of the business is such that special events or scheduling dictates use of such a sign (example: Movie Theaters, Arenas, Farmstands, etc.).
- The sign shall be permanent in nature except for changeable copy.
- The sign shall meet the dimensional and illumination limitations for wall or free-standing signs, as applicable, set forth under sections 18.4.D.4 and 18.2.E.
Amended: Art. 15, AFTM, 10/5/93; Eff. 1/11/94
- NON-CONFORMANCE OF SIGNS
Signs legally existing on the effective date of this section may continue to be maintained, provided however, that no such sign shall be changed in size, shape, construction, location, coloring, symbols, lettering or illumination except as may be allowed by Section 18.1.E. However, it is permissible to remove letters or words, nothing added, on non-conforming signs by painting over them with the predominant color of the sign. It is the intent of this by-law to achieve conformance and not to extend non-conforming uses.
Amended: Art. 9, AFTM, 10/2/90; Eff. 1/9/91
ARTICLE XX - COMMONS, PARKS, PLAYGROUNDS AND CEMETERIES
For purpose of this By-Law, the following terms, phrases, words and their deviations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number the plural. The word "SHALL" is always mandatory and not merely directory.
- Commons, Parks, Playgrounds and Cemeteries are public places laid out for the purpose of rest and/or recreation or burial of deceased, either bequeathed, under trust or control of the Town of Billerica, regulatory control of the Board of Selectmen of the Town of Billerica, or under the control of the Billerica School Department or the Cemetery Commission or any board or commission delegated with the authority of any of the above-named.
- Custodian is any person over the age of 21, who is loco parentis to a juvenile.
- Guardian is any person other than a parent, who has legal guardianship of a juvenile.
- Juvenile is any person under the age of 17 years old.
- Parent is the natural or adoptive parent of a juvenile.
- Public Places shall mean any street, road, way or sidewalk which abuts a common, park, playground, school yard or cemetery to which the public have a right of access and shall include a common, park, playground, school yard or cemetery as defined in sub-paragraph (a) herein.
- Recreation shall mean such game or sport for which a specific area is laid out for or designated in a common, park, playground or school yard. The controlling board or body may allow reasonable alternatives for which their approval is required.
- Road, Street and Way shall mean any road, street, or way to which the general public has a right of access which abuts a common, park, playground, school yard or cemetery.
- Town is the Town of Billerica.
It shall be unlawful, for any person, adult or juvenile to remain idle, wander, stroll or play in any common, park, playground, or cemetery either on foot, bicycle, or any kind of vehicle, of the Town as follows:
- Commons, parks, playgrounds and cemeteries under the direct control of the Town, between the hours of one (1) hour after sunset and one (1) hour before sunrise.
- Commons, parks, playgrounds and cemeteries under the assigned control of the Board of Selectmen of the Town between the hours of one (1) hour after sunset and one (1) hour before sunrise except from April 1st to November 1st between the hours of 10:00 P.M. and 5:00 A.M.
- EXCEPTIONS to the provisions of Section 2, Sub-paragraphs (1) and (2) shall be those lighted recreational areas, within the parks and playgrounds of the Town or under control of the Board of Selectmen, which shall be between the hours of 12:01 A.M. and 5:00 A.M. from April 1st to November 1st of each year.
- Commons and parks under the control of the School Department, between the hours of one (1) hour after sunset to one (1) hour before sunrise.
- Playgrounds or school yards under the control of the School Department, shall be those off-limit hours set and posted by the School Department.
- All public places, roads, streets, way and sidewalks, abutting any of the above mentioned commons, parks, playgrounds and cemeteries shall, during the above mentioned "CURFEW" hours be utilized for the purpose of travel and shall be unlawful for any person to remain idle, loiter or conduct themselves in any form of recreation.
- AUTHORIZED ACTIVITY BEYOND CURFEW
Such authorized activity permitted by the issuance of a permit by the Town Board of Selectmen or School Department shall extend the hours of the "CURFEW", as indicated in Section 2, herein, of
the common, park, playground or cemeteries under such control, for the particular common, park, playground or cemetery only, and such permit shall not be unreasonably withheld.
- PARENTS RESPONSIBILITY
It shall be unlawful for a parent, guardian or other adult person having custody or control of any juvenile under the age of 17 to suffer to permit, or by inefficient control to allow such person to be on a common, park, playground or cemetery during the hours of the established "CURFEW" as prescribed, herein, or posted for a particular common, playground, park or cemetery UNLESS such parent, guardian, custodian or other adult person herein has made a missing person notification to the Police Department.
- PROCEDURE FOR JUVENILES
- Any police officer of the Town upon finding a juvenile in violation of Section 2 of this By-Law, shall ascertain the true name and address of such juvenile and shall warn the juvenile he or she is in violation of the "CURFEW" and shall direct the juvenile to proceed at once to his or her home or usual place of abode. The police officer shall make an official report to the Chief of Police, who shall direct his representative to notify the parent or guardian or person having custody or control of such juvenile. The first violation within a calendar year shall constitute a "WARNING" and shall so be noted in the records of the police department.
- A second or subsequent violation by a juvenile OR if such juvenile refuses to heed a warning or direction of any police officer of the Town OR refuses or attempts to falsify his true name and/or address or true age, he or she shall be taken to the Police Department and the parent, guardian, or other adult person having custody of such juvenile shall be notified to come and take charge of the juvenile. If the parent, guardian or other adult person cannot be located or fails to come and take charge of the juvenile within a reasonable time of such notification by the police department, the juvenile probation officer shall be contacted who shall take charge of the juvenile or shall authorize the release of the juvenile to a responsible person.
- RIGHT TO ARREST
Any police of the Town upon viewing a violation by any person, other than a juvenile, of the "CURFEW" provisions of Section 2, of this By-Law, shall have the right to arrest such person, and bring him to the police station to be properly identified and then released by the court representative on "Personal Recognizance" for further appearance at the next sitting of the District Court of Lowell for violation of this By-Law.
- PENALTY FOR VIOLATION OF SECTION 2
- A person, other than a juvenile, violating the "CURFEW" provisions of Section 2, of this By- Law, and found guilty shall be fined a sum of Fifty Dollars ($50.00) for the FIRST OFFENSE AND Two Hundred Dollars ($200.00) for each and subsequent offense thereafter.
- Any juvenile found violating the "CURFEW" provisions of Section 2, of this By-Law, shall be summoned to the Juvenile Court of the Lowell District Court on the second or each subsequent offense. Any parent, guardian, or other adult person having custody or control of a juvenile who violates the "CURFEW" provisions of Section 2, of this ordinance, and is found guilty by the Juvenile Court of Lowell District Court of a SECOND VIOLATION, shall be fined a sum of Fifty Dollars ($50.00) and for each subsequent offense a fine of Two Hundred Dollars ($200.00) thereafter.
- RULES AND REGULATIONS REGARDING THE USE OF PARKS
The following rules and regulations shall govern the use of commons, parks, playgrounds, school yards and cemeteries of the Town. No person shall:
- BUILDINGS AND OTHER PROPERTY.
- DISFIGURATIONS AND REMOVAL. Willfully mark, deface, disfigure, injure, tamper with, or displace or remove, and buildings, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances thereof, signs, notices or placards whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal.
- RESTROOMS AND WASHROOMS. Fail to cooperate in maintaining restrooms and washrooms in a neat and sanitary condition or causing any graffiti condition, whatsoever, or posting in any manner any unauthorized material whatsoever.
- REMOVAL OF NATURAL RESOURCES. Dig or remove any sod, soil, rock, stones, trees, shrubs, planks, timber, wood or other materials or make any excavations by tool, equipment, blasting or other means or agency.
- FILTH OR OFFENSIVE MATTER. No person shall carry or cart by any means any filth, or offensive matter, or substance whatever, or to be a nuisance.
- ERECTION OF STRUCTURES. Construct or erect any building or structure of whatever kind, whether permanent or temporary in character unless authorized to do so.
- POLITICAL SIGNS
(1) This General By-Law permits the use of political signs on all public
places within the Town of Billerica, providing that these signs are held or
manned by an individual or individuals. Unmanned signs will be
confiscated and destroyed.
(2) Signs will be permitted to be posted at all polling/election locations within
the Town on Election Day, at such locations as shall be designated by
election officials no less than 150 feet from the entrance of such polling
places, in conformance with G.L. C. 54, ss 65. These signs may or may not
be held/manned by an individual or individuals.
- All political signage must be removed from all polling/election locations by
6:00 P.M. on the day following election day. Signs which remain at
polling/election locations beyond 6:00.M. of the day following the election
will be confiscated and destroyed.
Amended: Art. 4, STM, 5/93; Eff. 9/14/93
- TREES, SHRUBBERY, LAWNS
- INJURY AND REMOVAL. Damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds of any tree or plant. Nor shall any person attach any rope, wire, string or other contrivance to any tree or plant. A person shall not dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.
- CLIMBING TREES, ETC. No person shall climb any trees or walk or stand or sit upon monuments, vases, fountains, fences or gun carriages or upon any other property not designated or customarily used for such purposes.
- HITCHING OF ANIMALS. Tie or hitch a horse or other animals, including domesticated animals, to any tree or plant. This does not bar a person from bringing a domesticated animal into the park, providing that such domesticated animal is under the control of such person so as not to disturb or injure any other person, tree or plant EXCEPT in the case of a dog which compliance must be met with the Town Dog Leash By-Law and not allowed to run at will.
- MOTOR OR RECREATIONAL VEHICLES. No person shall ride, lead or drive any motor vehicle or recreational vehicle in or upon any common, park, playground, school yard or cemetery without permission by the Town Board of Selectmen or School Department in that area of their authority.
- BICYCLES. No bicycles shall be allowed on a common, park, playground or cemetery EXCEPT on a paved road, sidewalk or path designated for that purpose by the Town or their authorized agent. A bicyclist shall be permitted to wheel or push a bicycle by hand over any grassy area or paved area reserved for pedestrian use.
- OPERATION OF A BICYCLE, in permitted areas, shall be on the right side of the road, path, or paved way and shall be kept in single file when two or more are operating in a group. Operation shall at all times be reasonable with reasonable regard to the safety of others.
- BATHING AND SWIMMING:
- SWIMMING AREAS. Swimming areas available at certain commons, parks, playgrounds or beaches are under the control of a specific agency and permission for use of such is under their authority at the designated hours of the day and in compliance with such regulations as required by such agency. Any person, adult or juvenile who refuses to obey the instructions of a water instructor, lifeguard or director of the swimming area shall be refused the use of the area and shall be evicted and if he or she refuses to remove himself peacefully when so ordered, he or she may be arrested by a police officer of the Town
- BATHING ATTIRE. No person shall allow himself or herself to be so covered with a bathing attire as to indecently expose his or her person and all bathing attires shall conform to commonly accepted standards of bathing suits.
- BATH-HOUSES. No person shall dress or undress in any vehicle, toilet or other place within the confines of a common, park, playground or beach area except in such bathing houses or structures provided for that purpose.
- RECREATION: - The only games allowed to be played on commons, parks, playgrounds, and school yards are those which a particular area has been designated for such. Alternatives require the permission of the designated authority, be it the Town, Board of Selectmen or the School Department.
- BEHAVIOR - No person in a common, park, playground or cemetery shall:
- ALMS - Shall solicit alms or contributions in any form for any purpose whether public or private, except by permission of the Board of Selectmen
- GAMES OF CHANCE - Gamble or participate in or abet any game of chance.
- IDENTIFICATION - Fail to properly identify himself or herself upon direction of a Police Officer by giving his or her true name, address, or age in case of a juvenile or by producing proper identification papers with such information.
- INTOXICATING BEVERAGES - Violate the provisions of the Public Drinking By-Law.
- LOITERING AND BOISTEROUSNESS - Sleep on seats or benches or engage in loud, boisterous, abusive, threatening, insulting or indecent language, or engage in any disorderly conduct or behavior tending to annoy others or breach the public peace.
All commons, parks, playgrounds, school yards and cemeteries shall be posted. The posting shall indicate the authorized hours of use for the calendar year, the arrest provisions and the stipulated fine.
- RIGHT TO ARREST
Any Police Officer of the town upon viewing a violation of the rules and regulations indicated by Section 8 of this By-Law, shall have the right to arrest such person. The person is required to state his or her true name and address and his or her true age or by producing proper identification papers with such information.
- PROCEDURE FOR JUVENILE. In the case of a juvenile who violates any of the procedures that shall be followed, is the same as indicated by Section 5 of this By-Law.
- A person, other than a juvenile violating any of the rules and regulations established by Section 8 of this By-Law, or established by the Board of Selectmen of the Town, or by the School Department of the Town, and charged directly with such violation and found guilty shall be fined the sum of Fifty Dollars for the FIRST OFFENSE AND Two Hundred Dollars ($200.00) for each and subsequent offense thereafter.
- Any juvenile found violating the "Rules and Regulations" established by Section 8 of this By-Law, shall be summoned to the Juvenile Court of the Lowell District Court on the SECOND of each subsequent offense. Any parent, guardian, or other adult person having custody or control of a juvenile, who violates the rules and regulations, Section 8 of this By-Law, and is found guilty by the Juvenile Court of Lowell District Court of a SECOND VIOLATION shall be fined a sum of Fifty Dollars ($50.00) and for each subsequent offense a fine of Two Hundred Dollars ($200.00) thereafter.
- The penalty provisions for violation of any other statutory provisions of the Massachusetts General Laws or for violations of the Public Drinking By-Law shall have precedence.
It is hereby declared that sections, paragraphs, sentences, clauses and phrases of this By-Law are severable and if any phrase, clause, sentence, paragraph or section of this By-Law shall be declared unconstitutional or otherwise invalid by the valid judgment of a court of competent jurisdiction such unconstitutionality or invalidity shall not effect any of the remaining phrases, clauses, sentences, paragraphs and sections of this By-Law.
Art. 31, AFTM, 10/7/80; Eff. 2/5/81
Amended: Art. 11, AFTM, 10/5/82; Eff. 1/26/83
- NON-CRIMINAL FINES RELATING TO CEMETERIES
- Any person who without authority removes flowers, shrubs, flags, monuments or memorial tokens from any cemetery or burial grounds under the authority of the Billerica Cemetery Commission shall be punished by a fine of $300.00 for each offense.
- Any person who commits an act of vandalism in any cemetery or burial grounds under the authority of the Billerica Cemetery Commission shall be punished by a fine of $300.00 for each offense.
- Whoever violates section (a) or (b) above shall be penalized by a non-criminal disposition as provided in G.L. Chapter 40, Section 21D. Police Officers shall be the enforcing persons for
Art. 17, AFTM, 10/1/91; Eff. 2/3/92
- FOR THE PRESERVATION AND CARE OF LOTS in public burial place of the Town, the Treasurer shall receive and give the depositor a receipt for any sum of money not exceeding $500.00 which may be deposited with him for the care of any particular lot; said sum to be expended in the manner directed by the depositor, or under the direction of the Cemetery Committee; each lot to be credited with the amount deposited for same and debited with all expenditures. When the sum so received is $50.00 or more, it shall be deposited in one or more institutions for savings or loaned to some City or Town in the Commonwealth of Massachusetts and the income thereof annually be credited to the lot. The Treasurer shall report at every annual Town Meeting the names of all persons who have made such deposit, the outlay made on the respective lots for the year then expired, and the balance then standing to credit of the same.
ARTICLE XXII - GAS STATIONS
- Self-service gas station shall mean that type of gas station wherein motor fuel is dispensed by anyone other than an employee of the gas station.
- Notwithstanding any other provision of this By-Law, no self-service gas stations shall be permitted in the Town of Billerica except as provided for in Section 3 and 6.
- Subject to approval of the licensing authority, a gas station may include one or more islands of self-service pumps, if the licensing authority finds that it is in the public interest. In determining whether additional self-service islands are in the public interest, the licensing authority shall consider public safety, traffic congestion, the level of automotive services (e.g. repairs, maintenance, emergency service, etc.) and other factors related to the public interest.
- All self-service pumps shall have posted thereon in a conspicuous place, with consistent lettering, a set of instructions for use of the self-service pumps, payment options, and other such procedures; in all places where the foregoing instructions appear, an instruction to shut off the automobiles engine and extinguish all smoking materials prior to pumping any gasoline shall also be included and the gas station shall provide and maintain a free air pump with an adjustable meter.
- The owner of a gas station shall be subject to Section 3 when any substantial change in the operation of the gas station relative to provision of repairs, inspections, preventative maintenance, gasoline, or ancillary services.
- For the purposes of this by-law, those gas stations existing on May 12, 1992, shall be deemed to have met the public interest test required in Section 3 on the day of the acceptance of this section by the town Meeting.
Art. 5, AFTM, 10/4/83; Eff.
Amended: Art. 1, STM, 5/4/93; Eff. 7/14/93
Amended: Art. 3, STM, 5/12/92; Eff. 5/12/92
- TRUCK TRAFFIC
- TRUCK: Any commercial vehicle over 18,000 lbs. Registered gross vehicle weight and requiring a Class I and/or II drivers license.
Art. 31, ASTM, 5/3/88; Eff. 9/12/88
- Sterling Road
No commercial vehicle over 18,000 pounds Registered G.V.W. and requiring a Class I and/or Class II drivers license will be allowed to exit Sterling Road on to Rangeway Road. Appropriate signs to be placed on the right hand side of each driveway on Sterling Road, Esquire Road and Republic Road. Additional signs will also be posted at the intersection of Sterling Road and Rangeway Road. This by-law excludes school buses and any vehicles (s) providing service or delivery on Rangeway Road.
Art. 33, STM, 5/3/88; Eff. 9/12/88
- Rangeway Road
No commercial vehicle over 18,000 pounds registered G.V.W. and requiring a Class I and/or Class II drivers license will be allowed on Rangeway Road south of Route 129 during the hours of 8:00P.M. to 8:00 A.M. Warning signs to be posted at the discretion of the Department of Public Works. At the intersection of Route 129 and Rangeway Road, two signs will be posted indicating no truck traffic between the hours of 8:00 P.M. and 8:00 A.M. This by-law excludes school buses and any vehicles (s) providing service or delivery on Rangeway Road.
Art. 34, ASTM, 5/3/88; Eff. 9/12/88
ARTICLE XXIII - ISSUING OF LICENSES & PERMITS
- The tax collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board, commission or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any persons, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve month period, and that such party has not filed in good faith a pending application for an abatement of such tax or pending petition before the appellate tax board.
- The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the tax collector; provided, however, that written notice is given to the party and the tax collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than fourteen days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The Tax Collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives a certificate issued by the Tax Collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate.
- Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitation to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by application provision of law.
- The Board of Selectmen may waive such denial, suspension or revocation if it finds that is not direct or indirect business interest by the property owner, its officers or stockholders, in any, or members of his immediate family, as defined in Section One of Chapter Two Hundred and Sixty-eight in the business or activity conducted in or on said property. This section shall not apply to the following licenses and permits: open burning, Section Thirteen of Chapter Forty-eight; bicycle permits, Section Eleven A of Chapter Eight-Five; sales of articles for charitable purposes, Section Thirty-three of Chapter One Hundred and One; children work permits, Section Sixty-nine of Chapter One Hundred and Forty-nine; clubs, associations dispensing food or beverage licenses, Section Twenty-one E of Chapter One Hundred and forty; dog licenses, Section One Hundred and Thirty-seven of Chapter One Hundred and Forty; fishing, hunting and trapping licenses, Section Twelve of Chapter One Hundred and Thirty-one; marriage licenses, Section Twenty-eight of Chapter Two Hundred and Seven and theatrical events public exhibition permits, Section One Hundred and Eight-One of Chapter One Hundred and Forty.
- All business establishments requiring a license shall receive approval of their operating hours from the respective licensing authority.
- The Selectmen shall establish the fee for Automatic Amusement Device Licenses not to exceed $100.00 per machine.
- No person shall engage in the roadside sale of any items, articles or food, unless a current valid license from the Board of Selectmen is conspicuously displayed; provided, however, that the sale of garden vegetables, fruits, berries, plants and/or flowers grown on the premises shall not require such license; and provided further that no license shall be required for the occupant of a legal business location who conducts roadside sales on the business premises, when such sales are in connection with, and accessory to the primary business activity. This by-law shall not apply to the occasional sale by the property occupant of his or her personal property.
- The Selectmen may issue licenses to such persons as they deem suitable to be dealers in and keepers of shops for the purchase, sale or barter of junk, old metals, or second hand articles within the Town and as junk collectors to collect by purchase or otherwise junk, old metals, and second hand articles from place to place within the Town, subject to the provisions of G.L. Chapter 140, Sub-section 54. Provided that the licensee shall agree to abide by and be subject to all the provisions of this section or any by-law relating to such license.
- The Selectmen may issue a license to any person for the purpose of occupying or obstructing a sidewalk, for a limited time, while erecting, altering, or repairing a building or structure, the licensee shall furnish a satisfactory bond to the town to hold it harmless from all claims for loss or damage arising from the occupancy or obstruction under the license. The licensee shall place a good and convenient temporary walk around such obstructions when ordered to do so by the Selectmen, Zoning Enforcement Officer or the Police Department. The Police Department shall enforce this by-law.
Art. 7, AFTM, 10/6/81; Eff. 1/29/82
Amended: Art. 40, AFTM, 10/4/91; Eff. 4//21/95
Amended: Art.40, ASTM, 5/2/95; Eff. 9/27/95
ARTICLE XXIV - HANDICAPPED PARKING
- The Police Department and all members thereof assigned to traffic duty, are hereby authorized to remove and tow away, or have removed and towed away by commercial towing services, at the sole expense of the owner of said motor vehicle, any motor vehicle left unattended or parked in a parking space reserved and designated for use by a vehicle of a handicapped person, unless said vehicle shall be lawfully designated as a vehicle of a handicapped person. Motor vehicles so towed away shall be stored in a safe place and restored to the owner or operator thereof upon payment by the owner or operator of the expenses incurred in said removal and storage.
- (a). The person or body that has lawful control of a public or private way or of improved or enclosed
property used as off-street parking areas for business, shopping malls, theaters, auditoriums,
sporting or recreational facilities, cultural centers, residential dwellings or for any other place
where the public has a right of access as invitees or licensees shall reserve parking spaces in said
off-street parking areas for any vehicle owned and operated by a handicapped person whose
vehicle bears the distinguishing license plate authorized by Section 2 of Chapter 90, according to
the following formula:
If the number of parking spaces in any such area is more than fifteen but not more than twenty-
five, one parking space; more than twenty-five but not more than forty, five percent of such
spaces but not less than two; more than forty but not more than one hundred, four percent of such
spaces but not less than three; more than one hundred but not more than two hundred, three
percent of such spaces but not less than four; more than two hundred but not more than five
hundred, two percent of such spaces but not less than six; more than five hundred but not more
than one thousand, one and one-half percent of such spaces but not less than ten; more than one
thousand but not more than two thousand, one percent of such spaces but not less than fifteen;
more than two thousand but less than five thousand, three-fourths of one percent of such spaces
but not less than twenty; and more than five thousand, one-half of one percent of such spaces but
not less than thirty.
- Parking spaces designated as reserved under the provisions of paragraph (a) shall be identified by
the use of above grade signs with white lettering against a blue background and shall bear the
words "HANDICAPPED PARKING: Special Plate Required. Unauthorized Vehicles may be
removed at owners expense", shall be as near as possible to a building entrance or walkway; shall
be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a
handicapped person; and shall be twelve feet wide or two eight-foot wide areas with four feet of
cross hatch between them.
- Violation of this by-law shall be punishable as provided in general By-Law.
- In the absence of the operator of any motor vehicle violating any provisions of the by-law, it shall be deemed that the registered owner of such vehicle was the operator.
- Any motor vehicle bearing a handicapped parking permit or motor vehicle registration plate designating the vehicle as one used by a handicapped person shall be authorized to park in a designated handicapped parking space. The Chief of Police, his designee, or the Town Clerk may issue a temporary handicapped Parking Permit to any person upon application with supporting medical affidavit signed by a licensed physician designating the applicant as physically handicapped. Said temporary permit shall be issued with an expiration date not to exceed sixty (60) days from the date of issue and shall be displayed in front right windshield of any vehicle parked in a designated handicapped parking space.
- The unauthorized use of a temporary permit shall be punishable by a fine of $50.00.
- Each day that any violation continues shall constitute a separate offense.
Art. 10, AFTM, 10/2/90; Eff. 1/9/91
- All motor vehicles should be ticketed, if they are illegally parked in handicapped spots, blocking ramp or curb cuts. In all parking areas which are opened to the public, serving one (1) or more buildings. All fines should be in accordance with Article 33 and 34 of the 1990 Annual Spring Town Meeting.
Art. 36, ASTM, 5/7/91; Eff. 9/18/91
ARTICLE XXV - CONSTRUCTION EMPLOYMENT
There is a need to ensure that Billerica Residents receive the maximum benefits from the economy of the Town of Billerica specifically regarding the economic benefit to construction employees in the construction of any public building or public works projects. Therefore, it is appropriate for the Town of Billerica to make certain that the construction of any public building or public works project (hereinafter called "construction project") ensures that a substantial percentage of construction and employees include Billerica residents through compliance with this Billerica Residents Construction Employment By-Law.
Billerica area residents - any person for whom the principal place of residence is within the Town of Billerica for at least six (6) months prior to the award of a particular construction project.
On any construction project (funded in whole or in part by Town funds, or funds which, in accordance with a federal grant or otherwise, the Town expends or administers, or which the Town of Billerica is a signatory to the construction contract) the developer, contractor or subcontractor shall comply with the following requirements:
- A minimum of twenty-five (25%) percent of the total construction employees work hours in each craft shall be completed by Billerica residents.
- All developers, contractors and subcontractors shall agree that any apprentices hired shall be apprentices indentured to a bona fide apprenticeship program, approved by the Commonwealth of Massachusetts.
- This policy shall be in effect and enforceable when the Commonwealth of Massachusetts rate of unemployment is at a level of six percent (6%), or higher, on the date of execution of said contract, as determined by the Commonwealth of Massachusetts Division of employment and Training, Research Bureau, as published by said agency monthly.
Art. 9, ASTM 5/6/97; Eff.
In the Town of Billerica the Town Managers Office, acting through the Building Inspector, shall be responsible for enforcing compliance with provisions of this Ordinance. Upon issuance of a building permit, the developer shall submit to the Planning Board and/or Building Inspector, the following:
- Scope of construction
- Construction time schedules
- Projected number of employees and hours, related to construction
- Types of trades to be hired; and
- Names, addresses and principals of contractors and subcontractors being hired.
Upon request, all developers shall submit weekly workforce reports listing the following:
- Name of employees
- Residential address of each employee, and length of residence
- Proof or verification of residence
- Craft of each employee
- Job category of each employee
- Hours worked of each employee
- Hourly wage of each employee, and
- Company for which each employee is employed
The Billerica Residents Employment Monitoring Committee and/or Special Projects Coordinator shall review all information submitted, and shall make certain that such requirements are complied with. If such requirements are not complied with, the enforcement procedures of Section 6 shall be implemented.
BILLERICA RESIDENTS EMPLOYMENT MONITORING COMMITTEE
The Billerica Residents Construction Employment by-law, its enforcement and compliance with its requirements shall be monitored by the Billerica Residents Construction Employment Monitoring Committee, as provided herein. Such Committee shall be comprised of five (5) individuals, including the following:
- A designee of the Town Administrator
- A designee of the Selectmen
- A designee of the Planning Board/Town Planner
- A designee of the Town Moderator
- A designee of the Public Works Administrator
Such Committee shall meet on a monthly basis, or as needed, and shall review and monitor all information and documentation provided by developers to establish compliance with said By-Law. If, through such monitoring, it is determined that one or more developers are not complying with said By-Law, the committee shall immediately request the Town Manager and Building Inspector initiate procedures for enforcement, as provided in Section 6 of said By-Law. The sole exception to the implementation of such enforcement procedures is the determination and approval of the Committee, as defined in Section 5, that compliance cannot be obtained because of high local construction employment levels of Billerica Residents, and that therefore, a waiver from compliance should be allowed.
- COMPLIANCE WAIVER
In the event of high local construction employment levels of qualified Billerica residents, and documented inability of developers, contractors and subcontractors to hire Billerica employees because of such high local construction employment levels, compliance with the provisions of this By-Law may be waived, in whole or in part, on a case by case basis, through a determination made by the Billerica Residents Committee, as defined in Section 4, that high local employment levels prohibit the developer, contractors and subcontractors from hiring Billerica employees as required. Such documentation shall include evidence of efforts conducted by the developer, contractor and subcontractor which shows a high level of effort in attempting to obtain Billerica employees. Such effort shall include local advertising to seek Billerica employees, and solicitations of local companies for contracting purposes.
- ADMINISTRATION ENFORCEMENT
In the event of violation of the By-Law, upon three (3) days written notice to the violator, the Town, through its Town Manager and its Building Inspector, shall take proper legal action to achieve the following:
- Assessment of a fine of Three Hundred ($300.00) Dollars per day of violation, or the maximum amount by law whichever is less, against the developer who violates this By-Law, to be paid within thirty (30) days of such assessment.
- Revocation of all building permits pertaining to such development until violations have been eliminated.
- In the event any section of this By-Law is deemed illegal, unenforceable or unconstitutional, then the remaining sections shall remain in full force and effect.
- All provisions of the Code of the Town of Billerica, as amended, which are consistent with this By-Law shall continue in effect but all provisions of side Code inconsistent herewith are repealed.
- This By-Law shall take effect upon its passage in accordance with the provisions of chapter 43 of General Laws of the Commonwealth of Massachusetts, as amended.
Art. 20, FTM, 10/1/91; Eff. 2/5/92
YEAR GENERAL LAWS
CHAPT. & SECT. SUBJECT MATTER ART. #
1890 Chap. 264 - Acts of 1886 Precinct Voting Town 19
1890 Chap. 431 - Acts of 1888 Superintendent of Schools 21
1890 Chap. 417 - Acts of 1893 Australian Voting System 5
1894 Act 310 of 1894 Town Hall Indebtedness
above limit allowed by law 3
1897 Chap. 471 - Acts of 1897 Water Works (Supply) 2
1899 Chap. 264 - Acts of 1890 Cemetery Commission 25
1899 Choose Highway Surveyor
by ballot 4
1900 Chap. 309 - Acts of 1885 Licensing Groves 19
1900 Chap. 370 - Acts of 1891 Manufacture & Distribute gas
and electricity 3
1902 Chap. 19, Sec. 37 Civil Service for Police 12
1906 Act 11, Sec. 364, 365 Official Ballots 2 & 3
1906 Chap. 346 - Acts of 1902 Moderator to be elected
for one-year term 21
1908 Chap. 191 - Acts of 1907 Est. Board of Selectmen
as Board of survey 18
1908 Chap. 186 - Acts of 1907 Payment of pensions to Widows
& Children of Police/Fire Dept. 33
1908 Chap. 32, Sec. 24
as amended in 1907 Relative to forest fires 3
1909 Chap. 209, Acts of 1908 Provide protection of forest or
sprout lands from fire 22
1910 Chap. 560 - Part 5
Sec. 381 - Acts of 1907 Relating to precinct voting 24
1911 Chap. 634 - Acts of 1911 Auth. County to est.
retirement system Ballot
1912 Chap. 28, Revised Laws Authorization to lay out parks Ballot
1913 Chap. 431, Sec. 381
Acts of 1912 Precinct Voting 1
1913 Chap. 807 - Acts of 1913 Workmens Compensation Ballot
1914 Chap. 217 - Acts of 1914 Laborers Vacation Ballot
1914 Chap. 688 - Acts of 1914 Saturday, Half-Holiday Ballot
1914 Chap. 790 - Acts of 1914 Party Enrollment Ballot
1915 Chap. 129 - Resolves of 1915 Const. Amend. - Auth. Taking of
land to relieve cong. of population
& provide homes for citizens Ballot
1917 Chap. 624 - Acts of 1910 Town Accountant 8
1917 Constitution Amendment Absentee Voting Ballot
1919 Chap. 311 - Acts of 1919 Est. & Maintain continuation of
schools & courses for employed minors Ballot
1919 Chap. 116 - Acts of 1919 Relative to Savings Banks, Inst. For
Savings to place deposit on interest
1920 Chap. 166 - Acts of 1920 Day off for Police Ballot
1920 Chap. 490, Part 2, Sec. 53 -
Acts of 1909 Relative to Tax Title 33
1921 Chap. 480 - Acts of 1920 Civil Service - Est. office
of Fire Chief & Asst. Chief 18
1922 Chap. 83, Sec. 25, 26, & 27
Gen. Laws 1920 Sidewalk Improvement 30
1922 Chap. 31, Sec. 21-23, 24,
25, 26-45 Veterans Preference 10
1923 Chap. 391 - Acts of 1923 Collection of Water Rates 5
1928 Chap. 136, Sec. 21 - 28 Lords Day - sports permitted 18
1929 Chap. 143, Sec. 3, 6, 7, 8,
9, 10, 11 and 12 Inspection of Buildings 52
1932 Chap. 221 - Acts of 1930 Bd. Of Selectmen to act as
Board of Public Works Ballot
1933 Act to Establish Precinct Voting-Town Elections 44
1935 Sec. 6B of Chap. 40;
Chap. 351 - Acts of 1930 Uniforms of Police & Fire Dept. 51
1935 Chap. 131, Sec. 105B Steel Traps Ballot
1936 Chap. 125 - Acts of 1935 Supt. Of Public Works Ballot
1936 Chap. 40, Sec. 42A, 42B,
42C, 42D, 42E & 42F Collection of Water Rate 49
1939 Chap. 185 - Acts of 1939 Town to furnish water to Bedford 5
1939 Chap. 31, Sec. 49 Civil Service - Police Chief 38
1940 Chap. 152, Sec. 69 as amended
by Chap. 435 - Acts of 1939 Workmans Compensation 2
1943 Chap. 85 - 11A of Gen. Laws
Chap. 710 - Acts of 1941 Bicycle Registration 16
1944 Chap. 32, Sec. 26 - 31H
Inclusive Contributory Retirement System
for Employment Ballot
1944 Chap. 31, Sec. 48 Civil Service - Regular Fire Dept. 35
1945 Chap. 40, Sec. 6C Auth. Cities & towns to approp.
funds for snow & ice removal on
private ways Ballot
1946 Chap. 723 - Acts of 1945 Municipal Dept. for Veterans 22
1946 Chap. 487 - Acts of 1913 Promotion of Call Firemen 35
1946 Chap. 727 - Acts of 1945 Equal pay for teachers Ballot
1947 Chapter 31 Civil Service - DPW Employees Ballot
1948 Chap. 31, as amended Civil Service -Official & Labor Force Ballot
1948 Chap. 346 Assessors - Term of Office Ballot
1950 Chap. 136, Sec. 4B as
inserted by Sec. 3; Chap.
207 - Acts of 1946 Bowling Alleys on Lords Day 14
1951 Chap. 639 - Acts of 1950 Civil Defense 6
1951 Chap. 820 - Acts of 1950 Retirement 40
1951 Chap. 48, Sec. 43 Fire Chief to be Fire Warden 43
1951 Chap. 41, Sec. 81A Planning Board - 5 Members 61
1952 Chap. 40, sec. 21 (13) Town Offices to pay fees into
Town Treasurer 17
1952 Chap. 781 - Acts of 1951 Retirement 51
1953 Chap. 147, Sec. 16C Hours of Policemen 52
1953 Chap. 40, Sec. 30A Board of Appeals 55
1954 Chap. 48, Sec. 56 Hours of Perm. Membership of
Fire-fighting force 24
1954 Chap. 40 Sec. 13A Workmens Compensation
Insurance Fund 84
1955 Chap. 40, Sec. 6A Municipal Advertising 71
1955 Chap. 43A, Sec. 6 Rep. Town Meeting Government Ballot
1956 Chap. 41, Sec. 100A Indemnification of Officers
or Employees 39
1957 Chap. 40, sec. 6E Temporary Repair of Private Ways 59
1957 Chap. 40, Sec. 42G Assessing costs of laying water
pipes in certain ways 84
1957 Chap. 40, Sec. 42H Relating to fixed uniform rates - water 85
1957 Chap. 40, Sec. 42I Relating to recording of
determination - as liens 86
1957 Chap. 40, Sec. 5;
Chap. 40, Sec. 8A Est. an Industrial & Development
1958 Acts of 1949 Vacation for Permanent Police & Fire Ballot
1958 Chap. 32B Group Life Ins. & Gen. Medical Ins.
For certain employees & dependents Ballot
1958 Chap. 145 - Acts of 1956 Executive Secretary 8
1959 Chap. 332 - Acts of 1958
Chap. 142, as amended Extending applications relative to
supervision of plumbing 38
1960 Chap. 493 - Acts of 1959 Pensions, retirement & annuities 40
1962 Chap. 41, Sec. 108E Min. Comp. For Police Ballot
1962 Chap. 40B Regional Planning 26
1962 Chap. 40A, Sec. 8 Rezoning Regulations 61
1962 Chap. 143, Sec. 3-O Plumbing Insp. To be Gas Insp. 71
1962 Chap. 40, Sec. 8C Conservation Commission 87
1962 Chap. 40, Sec. 22D;
Chap. 322 - Acts of 1961 Towing of Motor Vehicles 96
1962 Chap. 41, Sec. 111 Vacation for Municipal Employees Ballot
1962 Chap. 40, Sec. 8B Est. Council for Aging 79
1962 Chap. 41, Sec. 108E Minimum salary for Reg. Police Officers Ballot
1962 Chap. 322 - Acts of 1961 Towing Motor Vehicles-Private Ways 96
1963 Chap. 121, Sec. 26K, as
amended Housing Authority 84
1964 Chap. 392, sec. 8 Relating to cost of construction
of sewer system 40
1967 Chap. 40, Sec. 22D Removal of vehicles impeding
snow removal 15
1968 Chap. 697 - Acts of 1963 Est. Historical Comm. 67
1968 Chap. 48, Sec. 58D 42 Hr. Work Week for Fire Dept. Ballot
1970 Chap. 40D Est. Industrial Development
Financing Authority 5
1971 Chap. 40, Sec. 108L Career Incentive Pay - Police 25
1971 Chap. 32B, Sec. 11D Death Insurance for Police &
Fire Department Ballot
1972 Exempt Board of Health Director
from civil service 23
1972 Chap. 91, Sec. 29, as
amended by Chap. 5 of
Acts of 1955 Town to assume liability for certain
work done by Mass DPW 71
1972 Chap. 486 Granting License for Beano Ballot
1972 Approval of new Charter Ballot
1973 Chap. 624 Civil Service for Town Engineer Ballot
1973 Chap. 344 - Acts of 1970 Revolving fund for payment
of off-duty police detail 23
1973 Chap. 90, Sec. 18A Pedestrian control regulation 5
1973 Chap. 40, Sec. 5 (Clause 66) Expense for implementing
Chapter 40, Sec. 8G 32
1973 Chap. 91, Sec. 29, as amended
by Chap. 5, - Acts of 1955 Town to assume liability for work
done by Mass. DPW 12
1974 Chap. 40, Sec. 15C Est. Concord Road as Scenic Route 24
1976 Chap. 364 - Acts of 1975 Exempting seasonal employees
of Rec. Commission from Civil Service Ballot
1976 Chap. 32B, Sec. 8A Distribution if Ins. Dividend Ballot
1977 Chap. 40, Sec. 15C Est. Dudley Rd. as a Scenic Route 45
1978 Chap. 78, Sec. 10 Elect Library Trustees 18
1980 Chap. 147, Sec. 32 thru
Sec. 47 inclu.
Chap. 140, Sec. 181 Boxing Bouts 12
1980 Chap. 258, Sec. 13 Indemnify Municipal Employees Ballot
1981 Chap. 71, Sec. 71E, added
by Chap. 639 - Acts of 1977 Revolving Accts. For School Dept. 12
1981 Chap. 90, Sec. 20A ½ Moving & Parking violations &
collection of revenues 3
1981 Chap. 44, Sec. 53D Revolving Acct. for Recreation Dept. 32
1982 Chap. 644 - Acts of 1981 Regulate parking area for vehicles
of disabled veterans & handicapped 14
1983 Chap. 148, Sec. 26C Automatic heat & smoke detectors 2
1983 Chap. 148, Sec. 26E Time & manner of installation
of smoke detectors 3
1983 Chap. 40, Sec. 4G Advertising bids for Contract
1983 Chap. 545 - Acts of 1982 Installation of Automatic
Sprinkler system 49
1985 Chap. 59, Sec. 5,
Clause 17C (Chap. 743
of Acts of 1981) 10
1986 Chap. 40, Sec. 8J Est. Handicap Commission 23
1986 Exempt Bd. Of Registrars
Clerks from Civil Service 21
1987 Chap. 152, Sec. 69 Workmans Compensation for
Elected & Appointed Town Officials 25
1987 Exempt Finance Committee Clerk
from Civil Service 14
1988 Chap. 44, Sec. 53C Deposit & Expenditures of
Off-duty Police Detail 10
1988 Chap. 597, Sec. 1
Acts of 1982 Exempt from motor vehicle excise
tax vehicles owned & registered by
a former POW 29
1988 Chap. 59, Sec. 5, Clause
17D; Chap. 73 of Acts
of 1986 Exempting applicants domicile in
determining qualifications for exemption
of certain minors, surviving spouses &
persons over age 70 30
1989 Chap. 59, Sec. 57;
Chap. 42 - Acts of 1988 Due date for municipal charges &
bills; Unpaid charges subject to interest 35
1989 Chap. 40, Sec. 58 Placing liens on real property for
unpaid ambulance fees 36
1989 Chap. 40, Sec. 57 Denial/revocation of licenses for
failure to pay municipal taxes 16
1989 Chap. 245 - Acts of 1988
amend. Chap. 41, Sec. 81U Planning Board to spend securities
for completion of subdivisions 41
1989 Exempt Conservation Commission
Clerk from Civil Service 42
1989 Exempt Veterans Service Clerk
from Civil Service 43
1989 Exempt Personnel Bd. Clerk from
Civil Service 44
1989 Exempt Town Accountant Clerks
from Civil Service 45
1990 Chap. 60, Sec. 23B Certificate of Lien Fee Schedule 4
1990 Chap. 148, Sec. 26H Automatic Sprinklers in boarding
houses requirement 30
1990 Chap. 148, Sec. 26I Installation of automatic
sprinkler systems 31
1990 Exempt Assessors Clerical help
from Civil Service 37
1991 Chap. 41, Sec. 653 of
Acts of 1989 Quarterly Tax Bills 23
1991 Chap. 291 - Acts of 1990 Enhanced 911 Services 25
1992 Chap. 133, Sec. 48
Acts of 1992 Early retirement incentive for
Municipal Employees 8
1993 Chap. 360 - Acts of 1993 Exempt Board of Health
Public Health Nurse from Civil
1993 Chap. 44, Sec. 53G Special Act - Consulting Eng. To
review Subdivision Rules & Reg., Health
Reg., Comprehensive & Special Permits 16
1993 Chap. 44, Sec. 53C Est. revolving Acct. for
Police Detail 4
1993 Chap. 19 - Acts of 1993 Incentive for Economic Development 11
1994 Chap. 40, Section 42A-42F Collection of water rates, method
of collections - Liens for delinquent
1994 Chap. 44, Sec. 53E ½ Revolving Acct - Merrimack
Valley Dive Rescue Team 26
1994 Chap. 40, Sec. 22F Fees & Charges 5
1994 Chap. 40, Sec. 8K Establish a Mapping Commission 28
1994 Chap. 486, Sec. 5 -
Acts of 1980 Est. Civic & Convention Center
1994 Chap. 31, Sec. 61A
and 61B Exempt Paul Gallagher Jr. From
Max. hiring age provision 30
1994 Exempt Town Accountant from
Civil Service(Petition Legislature) 31
1994 Chap. 71, Sec. 83
Acts of 1993 Early Retirement Incentive for Teachers 7
1995 Chap. 59, Sec. 5, Clause 41C Statutory Exemption - Elderly 35
1995 Chap. 80, Sec. 13B Deferral of payment of assessments
for those eligible under G.L. C. 59,
SS. 5, Clause 41A 39
1995 Chap. 59, Sec. 5;
Clause B Exemption of real & personal
property owned by Veterans
1995 Chap. 33, Sec. 59 Allowance for reservists while
on annual training. 50