Section 1. Citation; Time of Taking Effect
The following provisions shall constitute and be entitled "Revised By–Laws of the Town of Dedham". These by–laws, if adopted at a Special Town Meeting shall take effect at the dissolution of the next Annual Town Meeting, and if adopted at an Annual Town Meeting shall take effect at its dissolution, subject in either case to the requirements of law.
Section 2. Continuation of By–Laws; Effect of Repeal
The provisions of these by–laws so far as they are the same as those in force at the adoption of this revision shall be construed as a continuation thereof and not as new by–laws. Except as stated in this section, all by–laws in force upon the effective date of this revision, other than those entitled "The Personnel, Wage and Salary Administration Plan", "Plumbing By–Laws", "Building Code", "Wiring Code", and "Zoning By–Laws" not included in this revision are hereby repealed. The foregoing by–laws not thus included shall be incorporated in this revision in their present form under the article numbers and headings stated herein. The repeal of a by–law hereby shall not affect any act done, any liability incurred under such by–law prior to its repeal. Such repeal shall not affect any action or prosecution pending at the time of a penalty or a forfeiture incurred under such repealed by–law. The repeal of a by–law shall not thereby have the effect of renewing any by–law theretofore repealed.
Section 3. References to Offices to Include Successors
Words and phrases specifying or naming any officer, board or committee of the Town shall be construed as including the lawful successor, or the person or persons having substantially the same powers and performing substantially the same duties as such officer, board or committee.
Section 4. Officers Have Right to License or Permit
Whenever in a by–law anything is prohibited from being done without the license or permission of a certain officer, board or committee, such officer, board or committee shall have the right to license or permit such thing to be done.
Section 5. By–Laws May Be Repealed
Any or all of these by–laws may be repealed or amended or other by–laws may be adopted at any Town Meeting, an article or articles for that purpose having been inserted in the warrant for such meeting.
Section 6. Enforcement; General Fines Set; Non–Criminal Disposition
a.) Whoever does anything prohibited by Section 9 of Chapter Four or Section 3 of Chapter Twelve of these by–laws and whoever violates any of the provisions of Chapters Five, or Thirteen, shall unless otherwise herein provided forfeit and pay a fine as set forth in Chapter 29 for each offense.
b.) Except as otherwise provided by law, prosecutions for offenses under the Revised By–laws of the Town may be made by any constable, code enforcement officer or police officer of the Town.
c.) Any person violating any by–law or regulation of the Town, except as otherwise provided for, shall be punished by a fine as set forth in Chapter 29 for each offense, except where the fine has been specifically established by these By–laws, or by statute.
d.) A violation of any provision of these Revised By–laws may, as specified below, be dealt with as a non–criminal offense in accordance with the provisions of M.G.L., Chapter 40, S. 21D, and shall be subject to the specific penalties listed in this section. In addition to police officers, who shall in all cases be considered enforcement personnel for the purposes of non–criminal enforcement, the municipal personnel, if any, listed for each provision set forth below shall also be enforcement personnel for such provision.
e.) Violations of the following provisions of these Revised Bylaws may be dealt with as non–criminal offenses:
Chapter Thirteen: Police Regulations
Penalty as set forth in Chapter 29, except where otherwise specified [Police Department]
Chapter Fifteen: Plumbing Code
Penalty set by State Plumbing Code [Plumbing & Gas Inspector]
Chapter Sixteen: Building Code
Penalty set by State Building Code [Building Commissioner and Assistant]
Chapter Seventeen: Wiring Code
Penalty set by State Wiring Code [Wiring Inspector]
Chapter Eighteen (Section IX–2): Zoning By–law
Penalty as set forth in Chapter 29 [Building Commissioner and Assistant Building Commissioner]
Chapter Twenty–Three (Section 6): Animal Control Law
Penalty as set forth in Chapter 29 [Canine Controller or succeeding title]
Chapter Twenty–Seven (Section 6): Sign Code
Penalty as set forth in Chapter 29 [Building Commissioner or Assistant]
Chapter Twenty–Eight (Section 11): Wetlands Protection
Penalty as set forth in Chapter 29 [Conservation Commissioners and Agent]
Section I–VIII of the Board of Health Regulations
Penalty as set forth in Chapter 29 [Board of Health and Health Agent or designee]
Provided that the penalties for violations of Chapter Fifteen, Sixteen, Seventeen and Twenty–Seven shall be:
1st Violation $50.00
2nd Violation $100.00
3rd Violation & subsequent $300.00
and each day of violation shall be considered a separate offense.
66ATM28 TR 145: In first paragraph "twenty dollars ($20.00)" amended to "fifty dollars ($50.00)".
94ATM25 TR 44: Subparagraphs (a) through (d) added.
96ATM33 TR 30: First paragraph corrected by replacing "Section 8 of Chapter Twelve" and with "Section 3 of Chapter Twelve".
Section 7. Limitation on Actions
No person shall be prosecuted or tried for any breach of the provisions of any of these by–laws unless the complaint for such breach shall be made within six (6) months from the time of committing such breach.
Section 8. Definitions
Within these by–laws, words importing the singular number may extend and be applied to several persons or things, words importing the plural number may include the singular, and words importing a gender shall include the other gender.
Unless another meaning is defined in the body of a section or is clearly apparent from the manner in which the word is used, the following words as used in these by–laws shall have the following meanings:
a.) Charter — The word "charter" shall mean the Dedham Home Rule Charter of 1974 and any amendments to it which have been or may hereafter be adopted.
b.) Days — The word "days" shall refer to business days, not including Saturdays, Sundays and legal holidays when the time set is less than seven days; when the time set is seven days or more, every day shall be counted. When the last day falls on a Saturday, Sunday or legal holiday the period shall be extended to the end of the next day which is not a Saturday, Sunday or legal holiday.
c.) Code Enforcement Officer – A person designated to assist with the enforcement of all rules, regulations and by-laws of the Town of Dedham.
d.) Emergency — The word "emergency" shall mean a sudden, unexpected, unforeseen happening, occurrence, event or condition which necessitates immediate action.
e.) General Laws — The words "General Laws" shall refer to the General Laws of Massachusetts, a codification and revision of statutes enacted on December 22, 1920, and including all amendments thereto subsequently adopted.
f.) Local Newspaper — The words "local newspaper" shall mean a newspaper of general circulation in the town of Dedham.
g.) Majority Vote — The words "majority vote" shall mean a majority of those present and voting, provided that a quorum of the body is present when the vote is taken, unless a higher number is required by law.
h.) Multiple Member Body — The words "multiple member body" shall mean any town body consisting of two or more persons and whether styled board, commission, committee, sub–committee, or otherwise and however elected or appointed or otherwise constituted.
i.) Person — The word "person" shall mean any natural person, corporation, society, association, partnership or other organization which acts as a body.
j.) Quorum — The word "quorum", unless otherwise required by law or this charter, shall mean a majority of the members of a multiple member body then in office, not including any vacancies which might then exist.
k.) Town — The word "town" shall mean the Town of Dedham.
l.) Town Agency — The words "town agency" shall mean any board, commission, committee, department, division or office of the town government.
m.) Town Bulletin Board — The words "town bulletin board" shall mean the bulletin board in the town hall and in the libraries on which official town notices are posted and those at other locations within the town which may from time to time be designated as town bulletin boards by by–law, or by vote of the board of selectmen.
n.) Town Officer — The words "town officer" when used without further qualification or description, shall mean a person having charge of an office or department of the town who in the exercise of the powers or duties of that position exercises some portion of the sovereign power of the town.
o.) Voters — The word "voters" shall mean registered voters of the town of Dedham.
97ATM43 TR 41: Section 8 adopted.
04ATM35 TR149: Amend Section 6. as follows:
a.) delete the words “not exceeding fifty dollars” and replace with the words “as set forth in Chapter 29”
b.) add the words “Code Enforcement Officer” after “Constable” and before “Police Officer”
c.) delete the words “of not more than three hundred dollars $300.00” and replace with the words “as set forth in Chapter 29”
e.) Chapter Thirteen: Police Regulations; Chapter Eighteen (Section 1X-2): Zoning By-Law; Chapter Twenty-Three (Section 6): Dog Control Law; Chapter Twenty-Seven (Section 6): Sign Code; Chapter Twenty-Eight (Section 11): Wetlands Protection; Section I-VII of the Board of Health Regulations – in each instance delete the existing language and replace with the words “Penalty as set forth in Chapter 29”
Amend Section 8 by adding a new subsection c.) as follows: Code Enforcement Officer – a person designated to assist with the enforcement of all rules, regulations and By-Laws of the Town of Dedham; Re-letter subsequent sub-sections accordingly.
Chapter One -- Other amendments proposed but not adopted:
97ATM46 TR 43: Proposed amendment to section 6 to remove constables as enforcement officers for by-laws indefinitely postponed.
