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Ayer Town Bylaws

Articles

ARTICLE I - TOWN MEETINGS
SECTION 1. The Annual Town Meeting shall be held on the fourth Monday of April each year.
The Annual Fall Meeting shall be held at 7 o’clock in the evening on the fourth Monday in October of each year.

SECTION 2. Every Town Meeting shall be notified by Posting attested copies of the warrant calling the same in Three or more public places, one of which shall be the Town Hall, seven days at least before the day appointed for said Meeting.

SECTION 3. The annual Meeting shall be called at seven o’clock in the forenoon and the polls shall remain open from five minutes past seven o'clock in the forenoon until eight o’clock in the afternoon. All business except the election of such officers and the determination of such matters as by law or vote of the town are required to be elected or determined by official ballot, shall be adjourned until seven o'clock on the evening of the second Monday of May each year for action thereon.

SECTION 4. The number of voters necessary to constitute a quorum at Town Meetings, except such parts of meeting as are devoted exclusively to the election of town officers, shall be fifty.

SECTION 5. Attendance at Town Meetings shall be limited to registered voters except that other specifically named persons shall be admitted upon request of any election officer of the Town, or by vote of the meeting, and school children of the Town may be admitted to a separate section reserved for them when space is available therefor.

ARTICLE II - TOWN SEAL
SECTION 1. The Town Seal shall be in the same form and bear the same device as that heretofore established and used by the Town.


ARTICLE III - TOWN CLERK
SECTION 1. The Town Clerk shall keep a true copy, in a book to be kept exclusively for such purpose, of all deeds and conveyances executed in behalf of the Town by any town officer or department.

SECTION 2. It shall be the duty of the Town Clerk to see that every conveyance to the Town of any interest in real estate is duly recorded in the proper Registry of Deeds therefor.

SECTION 3. Whenever a dog owned or kept in the Town of Ayer shall not be licensed and the fee paid to the Town by March 31st in the amount set by the laws of the Commonwealth of Massachusetts, as an annual fee, the sum of ten dollars shall be added to the amount required by law to be so paid and this money turned over to the Treasurer for the General Fund.


ARTICLE IV - TOWN FINANCES
SECTION 1. No money shall be paid from the Town Treasury without a warrant therefor signed by a majority of the Selectmen except State and County taxes and any payments required by law to be paid by the Treasurer.  No money shall be paid on account of the Water Works without a warrant therefor, signed by a majority of the Board of Public Works of the Town created by Chapter 462 of -the Acts of 1948, issued to the Board of Selectmen.  

SECTION 2. There shall be an Finance Committee consisting of five voters of the Town, appointed by the Selectmen hereinafter provided, none of whom shall be a Town Officer elected by ballot or an appointed official receiving a salary, which committee may consider any and all municipal questions for the purpose of making reports or recommendations to the Town.

(a)  Said Finance Committee shall examine all articles in all warrants calling for expenditure of money and recommend amounts to be appropriated for the expenditure of the Town.
(b)  Said Committee shall, when practicable, publish their recommendations in at least one newspaper published in the Town, if any, otherwise in a newspaper circulating in the Town, three days at least before the meeting, and in every case shall report in writing their findings and recommendations at each and every Town Meeting. The failure for any reason, however, of the Finance Committee to make such report shall not affect the legality of any action taken at any meeting or prevent articles contained in the warrant calling the meeting.
(c) Upon the expiration of the term of office of each member of the existing board as previously created the Selectmen shall then appoint a successor to serve as a member of said Committee for the term of three years and the members of existing board shall serve for the remainder of their terms as previously created.

SECTION 3. The Treasurer shall have custody of all receipted bills and receipts except those relating to the Water Works administered by the Board of Public Works created by Chapter
462 of the Acts of 1948, which shall be in the custody of said Board, of all notes, bonds and coupons which have been paid, and all bonds running to the Town except his own official  bond, which shall be in the custody of the Town Clerk.

SECTION 4. No bill, charge, or account against the Town shall be  paid without first being approved in writing by the person or board incurring the same.

SECTION 5. Any portion of an appropriation other than for a specific purpose, on which the work has not been completed, remaining unexpended at the close of the financial year shall revert to the Town Treasury unless otherwise provided by law, or by vote of the Town.

SECTION 6. (a) Unless otherwise provided by a vote of Town Meeting, the Board of Selectmen [or the chief procurement officer designated pursuant to MGL c30B0 is authorized to enter into any contract for the exercise of the town's corporate powers, {and the School Committee is authorized to enter into any contract for the School Department} on such terms and conditions as are deemed to be appropriate {including the length of the term of agreement].  Notwithstanding the foregoing, the Board of Selectmen, Chief Procurement Officer or School Committee shall not contract for any purpose, on any terms, or under any conditions inconsistent with any applicable provision of any general or special law.  

(b) Unless otherwise provided by law or by vote of Town Meeting, the Board of Selectmen, Chief Procurement Officer or School Committee is hereby authorized to enter into contracts for up to a five-year term.

(c) Every contract for the procurement of equipment, supplies, services or real property, and for the sidposal of surplus equipment, supplies or real property shall be 30B.

No contract for any services rendered or for the purpose of equipment, supplies or materials, the estimated cost of which amounts to ten thousand dollars or more, except in cases of a special emergency involving the health or safety of the people or their property, shall be awarded unless proposals of the same have been invited by the advertisements in at least one newspaper published in the Town, if any, otherwise in a newspaper circulated in the Town, once a week for at least two consecutive weeks the last publication to be at least one week before the time specified for the opening of said proposals.  Such advertisements shall state the time and place where plans and specifications of proposed work or supplies may be had and the time and place for opening the proposals in answer to said advertisements, and shall reserve to the Town the right to reject any or all such proposals shall be split or divided for the purpose of evading any provision of this section.

                                                                Approved August 25,1998



ARTICLE V - LEGAL AFFAIRS
SECTION 1. The selectmen shall be, and shall act as, the agents of the Town to institute, prosecute, defend, or compromise any and all claims, actions, and proceedings on behalf of or against the Town or in which the interest of the Town may be involved.

SECTION 2. The Selectmen shall have custody of the law library of the Town.

SECTION 3. The Selectmen shall have authority to employ counsel for the conduct and defense of suits or other proceedings to which the Town is a party or in which its interest may be involved, or for advice in the conduct of their office in relation to important matters, affecting the interests of the Town.


ARTICLE VI - RECORDS AND REPORTS
SECTION 1. All boards and officers of the Town shall cause records of their doings and accounts to be kept in suitable books, which shall be kept in their respective offices while in use and in the town vault when not in use.

SECTION 2. The Selectmen shall cause to be distributed, not less than three days before the annual meeting, among the voters of the Town, the annual reports of the officers of the various departments and boards of the Town; and reports on such other matters as the law, or the Town by vote or bylaws, requires, or as the Selectmen consider expedient.

SECTION 3. The Town Clerk shall furnish for publication in the annual Town Report, an abstract of the official records of all elections and town meetings held during the preceding financial year.  He shall also furnish for the same purpose, an abstract of the vital statistics for the preceding calendar year.



ARTICLE VII - JUNK-DEALERS AND COLLECTORS

SECTION 1. The Selectmen may license suitable persons to be dealers in and keepers of shops for the purchase, sale or barter of junk, old metals, or secondhand articles in the Town. They may license suitable persons as junk collectors to collect, by purchase, or otherwise, junk, old metals and secondhand articles from place to place in the Town; and they may provide that such collectors shall display badges on their persons or upon their vehicles, or upon both, when engaged in collecting, transporting or dealing in junk, old metals, or secondhand articles; and they may prescribe the design thereof. They may also provide that such shops and all articles of merchandise therein and any place, vehicle or receptacle used for the collection or keeping of the
articles aforesaid may be examined at all times by the Selectmen or any person by them authorized to make such examination.

SECTION 2. Every keeper of a shop for the purchase, sale, or barter of junk, old metals, or secondhand articles within the limits of the Town shall keep a book in which shall be written, at the time of every purchase of any article, a description thereof; the name, age, or residence of any person from whom and the day and hour when such purchase was made; such book shall at all times be open to the inspection of the Selectmen or any person by them authorized to make such inspection; and every keeper of such shop shall put in a suitable place on his shop, a sign having his name and occupation legibly inscribed thereon in large letters; and such shop and all articles of merchandise therein may at all times be examined by the Selectmen or any person by them authorized to make such examination; and no keeper of such shop and no junk collector shall directly, or indirectly, either purchase or receive, by way or barter or exchange, any of the article aforesaid from a minor, knowing or having reason to believe him to be such.

SECTION 3. The Board of Selectmen as a condition for granting or renewing a license or permit to persons to be dealers in, and keepers of shops for the purchase, storage or barter of junk, old metals or secondhand articles be screened from the public view by a privacy fence. The privacy fence shall be of a permanent construction for structures in accordance with the Building Code of the Commonwealth. The privacy fence shall be of sufficient height and construction so that the storage of junk, old metals or secondhand articles cannot be seen through or over the privacy fence from a public way or public road.



ARTICLE VIII - HACKNEY CARRIAGES
POLICY AND PROCEDURES
SUBJECT:
Hackney Carriages for the hired conveyance of persons from place to place within the Town of Ayer.

GENERALLY:

The Board of Selectmen may from time to time grant the license, provided for in Section 1, and may REVOKE such license at their discretion.  Every licensee shall pay to the Town Treasurer for the use of the Town, a sum to be determined by the Board of Selectmen for each vehicle so licensed.  All licenses granted hereunder shall expire at the expiration of ONE (1) YEAR from the granting thereof unless sooner revoked and shall be recorded by the Town Clerk in a book to be kept for that purpose.

In an effort to minimize the impact of excessive or unnecessary traffic congestion in the Town of Ayer, only TEN (1O) licenses (including renewals) will be permitted to be in use at any given time, provided that, anyone already holding a valid license on the date this regulation is adopted shall not be effected by the maximum license issued portion of this provision so long as any such licensees have continuously held a valid Hackney Carriage for five (5) or more years. Licenses (including renewals) shall be issued on the first come-first served basis. Expiration dates of current licenses shall be made available to anyone upon request in the Selectmen's Office.

APPLICATION PROCEDURE:

1.1  Every vehicle (except railroad and street railroad cars, trackless trolleys or trolley motors) within the meaning of section 2, of Chapter 163 of the General Laws use or to be used for the conveyance of persons for hire from place to place within the Town of Ayer, commencing in the Town of Ayer and having its destination outside the Town of Ayer, or anyone who maintains a regular place of business in the Town of Ayer for hackney carriage or taxi shall be deemed a Hackney Carriage and will require a license from the Board of Selectmen.  The maintenance of a place of business is not necessarily limited to a building or office but merely if the Hackney Carriage generally operates in the Town of Ayer.  Also, if an individual maintains a place of business or a Hackney Carriage operation outside of the Town of Ayer to a  destination outside the Town of Ayer and has its destination in the Town of Ayer, a Hackney Carriage License shall be required from the Board of Selectmen.

1.2  Applications for the Hackney Carriage License shall be made in writing of forms approved by the Board of Selectmen. These forms shall include a criminal record disclosure statement.

1.3 Applicants shall submit letters of recommendation from individuals, at least three (3), of the following categories:
(a) Vendor with whom the applicant conducted business within the past two (2) years.
(b) Financial institutions with whom the applicant has conducted business within the past two (2) years.
(c) Employer for whom the applicant worked within the past two (2) years.
(d) Another creditor with whom the applicant conducted business within the past two (2) years.

1.4 A written statement containing the following shall be submitted:

(a) Permanent location of business.
(b) Proposed hours of operation.
(c) A copy of the registration for each vehicle to be used.
(d) The name of each driver to be employed.
(e) A copy of business certificates filed with the Town Clerk.
(f) In addition, all corporate applicants shall submit a current Certificate of Good Standing from the Secretary of State and the Department of Revenue

1.5    There shall be a field inspection by the Police Department of each vehicle to be used. This will include proper registration, safety review, and basic serviceability. All vehicles will be required to display company name and host community in letters not less than four inches (4”) high by one half inch (1/2”) wide. (lettering on cab doors is only required if the cab is a metered cab.)

1.6   A statement shall be submitted by the Ayer Police Department that a background check has been completed on each driver.  The Ayer Police Department will issue a recommendation to allow or disallow each driver to operate a taxi.

1.7 The applicant shall submit a certificate of insurance in compliance with the provisions of the statues of the Commonwealth with references to compulsory motor vehicle liability insurance.       The minimum coverage will be $100,000/$300,000 for bodily injury and $50,000 for property injury. The Board of Selectmen as the issuing authority may review annually the minimum insurance coverage for bodily injury and property damage and may increase the same without seeking an amendment to this by-law. In the Board of Selectmen's review, they should take into consideration the general economic conditions in the area and the cost of insurance verses the benefit provided to the public generally with the maintenance of a greater level of insurance.  Also, if a greater form of insurance is required by any federal law or statute of the Commonwealth of Massachusetts or any rule promulgated thereunder, then that shall become the minimum insurance required pursuant to this by-law.

1.8  Receipt of the abovementioned material in 1. 2 to 1. 7 shall constitute a completed application.  

1.9 The application and related documents shall be place on the Agenda for review by the Board of Selectmen.

1.10 No License as a- Hackney Carriage shall be granted for any vehicle seating more than eight (8) passengers, including the driver, nor unless such vehicle shall be properly equipped for adequate lighting thereof both without and within same.
1.11 Every application for a license shall state the owner's name and address, the maker's name and number of the vehicle, the type of vehicle, the vehicle's rated horsepower, the number of passengers which the vehicle is designed to seat, the registration number issued by the Commonwealth of Massachusetts and such other information as the Board of Selectmen may require or stipulate 1.12. All such licenses shall be subject to such terms and conditions prescribed by the Board of Selectmen.

FEE:

2.1 Following approval of the license but prior to issuance of the license the Board of Selectmen shall collect a fee per licensed vehicle.

REVOCATION:

3.1   The Board of Selectmen may revoke, cancel or suspend a license issued under this section in the event the licensee engages in any manner inconsistent with a business for the transporting of passengers by motor vehicles. Such inappropriate behavior shall include but not be limited to:

(a) Conviction of crimes.
(b) Two or more moving vehicle violations for which the operator is found or pleads responsible within any calendar year.
(c) Arrests for operating a motor vehicle while either under the influence of intoxicating liquor or drugs.
(d) Failure to keep their vehicle(s) properly registered, inspected or insured.
(e) Complaints involving the suitability or fitness of the individual licensee regarding the operation of the hackney business.

3.2  All hearings on suspension or revocation of any Hackney Carriage License shall be conducted before the Board of Selectmen or an impartial hearing officer designated by the Board.  The licensee shall have the right to present evidence and call and cross-examine witnesses. The Board or hearing officer may consider all relevant evidence and shall not be bound by the formal rules of evidence or procedure.

CRITERIA FOR CONSIDERATION:

4.1 Selectmen shall base their decision on the request for a Hackney Carriage license on the following:

(a) Completed application form.
(b) Background check by Police Department.
(c) Degree to which granting of license is deemed to be in the public interest.
(d) Field inspections of vehicles by Police Department.
(e) Hackney Carriage to have at least four (4) doors.

4.2 Selectmen shall base their decision on a renewal request for a Hackney Carriage License on the following:
(a) Record of prior year.
(b) Report by the Executive Secretary of any complaints.
(c) Field inspection of vehicle(s) by the Police Department.
(d) Background check by the Police Department.
(e) whether renewal is in the public interest.

TERM:

5.1 The License shall expire one (1) year from the date in which such license was granted, unless for a shorter time. All Hackney Carriage Licenses will be granted on April 1st and expire on March 31st of the following year.

LICENSE RENEWALS:

6.1 Applications should be filed with the Selectmen's office not less than thirty (30) days from the date they are due to expire.

6.2 Licensees pay the license fee following approval of the renewal by the Board of Selectmen.

6.3   Selectmen's secretary shall keep a copy of the license on file in the Selectmen's office.

6.4   Selectmen's secretary shall notify the licensee that the license can be paid and picked up.

GENERAL:

7.1   Hackney Carriage fares must be conspicuously posted at all times in each vehicle.

7.2   No owner shall employ or retain as a Hackney Carriage driver or operator any person who does not possess a currently valid Ayer Hackney Carriage driver's license and a Massachusetts operator's license.

7.3 When any holder of a Hackney Carriage License ceases to  do business under any such name that the license is held in or commence to do business under any other name, such holder shall notify the Board of Selectmen in writing within ten (10) days thereafter.

7.4   No owner shall knowingly permit a driver to operate a Hackney Carriage in violation of any of these regulations.



ARTICLE IX - POLICE REGULATIONS
SECTION 1. Three or more persons shall not stand in a group or near each other on a public way or sidewalk in such a manner as unreasonably to obstruct a free passage for pedestrians after having been requested by any constable or police officer to move on.

SECTION 2. No person shall coast in any of the streets or public ways of the Town except such streets as are publicly designated for that purpose by Selectmen.

SECTION 3. No person shall without proper authority, extinguish or remove any light place to denote an obstruction or defect in a street or way.

SECTION 4. No person shall team manure, hay, rubbish, ashes, liquid or other materials in such a manner as to litter, pollute, or injure the streets of the Town; nor shall any person throw or deposit in any street or on any sidewalk, ashes, dirt, rubbish or other refuse of any kind except in the manner provided by the Board of Health.

SECTION 5. The tenant or owner of any estate abutting on any street, highway, or town way in the town, and where there now is, or hereafter may be, a sidewalk constructed of or covered with concrete, brick, cement, stone, wood, or any other material than earth, ashes, or gravel, shall within twelve hours after the ceasing to fall, form, or drift thereon, of any snow, sleet or ice, remove or cause to be removed such snow, sleet, or ice therefrom so far as it can be removed, and if the same cannot be wholly removed shall sprinkle, or cause to be sprinkled thereon, sand, ashes, sawdust, or other suitable substance, so that such sidewalk shall not be slippery and shall be safe and convenient for public travel.

SECTION 6. Whoever violates the provisions of the preceding section shall be punished by a fine not exceeding ten dollars.

SECTION 7. No person, unless otherwise authorized, shall go from place to place within the town taking orders for any goods, wares, or merchandise, nor shall any person go begging or soliciting alms on-foot or from a vehicle, without having first recorded his name and address with the Chief of Police and furnished such information as may be requested by him. The Chief of Police shall, thereupon; if satisfied with the honesty of the applicant, issue a permit for a period of not
exceeding twelve (12) months which must be shown on request, and shall state that such person has duly registered and is entitled to go from place to place within the town for the purpose specified.

SECTION 8. No person, unless otherwise properly licensed by the State or Board of Selectmen, shall go from place to-place in the Town selling or bartering or carrying for sale or barter or exposing therefor any goods, wares or merchandise.

SECTION 9. The Chief of Police may, however, authorize the Director of any worthy cause to solicit contributions within the Town without having each solicitor under his direction registered.  Religious organizations or charitable groups within the town shall be exempt from this section.

SECTION 10. No person shall smoke, ingest, or otherwise use or consume marijuana or tetrahydrocannabinol (as defined in GL c.94C, sec. 1, as amended) while in or upon any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned by or under the control of the town; or in or upon any bus or other passenger conveyance operated by a common carrier; or in any place accessible to the public.  The fine for violation of this bylaw shall be three hundred dollars ($300) for each offense.  Any penalty imposed under this bylaw shall be in addition to any cival penalty imposed under GL c 94C, sec 321.  


ARTICLE X - PENALTIES
SECTION 1. Every violation of any of the provisions of the foregoing bylaws contained in Articles VII, VIII, and IX, unless otherwise provided by law or these bylaws, shall be punished by a fine of not more than twenty ($20) dollars for each violation or breach thereof.



ARTICLE XI - CONSTRUCTION
SECTION 1. The foregoing articles are to be construed as separate and separable from the others and failure of one or more of them to be approved and published as required by law shall not invalidate, or prevent from taking effect, those which shall be approved and published as required by law.  The several sections of Article IX are similarly to be construed as separate and separable from each other; and the several sections of other articles are to be so construed unless the context of the whole article shows the different sections thereof to be related provisions designed to carry out the general plan and purpose of the article to be construed.



ARTICLE XII - TRAILERS
SECTION 1. No person shall use or permit to be used for dwelling purposes within the Town any automotive type trailer, whether mobile or immobile, or any so-called Quonset type unit or structure, but mobile trailers may be used for temporary dwelling purposes, provided such is licensed by the Selectmen, said license to be applied for by the occupant within three days after the unit is located in the Town, and no license granted hereunder to be for a period in excess of thirty days except within such lot or tract of land which has been licensed as a trailer coach park by the Board of Health under Chapter 140 of the General Laws, Section 32B.  Any violation thereof shall be punished by a fine not exceeding $100.00 for every violation of this bylaw, and this bylaw shall become effective upon approval by the Attorney General.

SECTION 2. In no area within the Town shall there be permitted the setting-up or operation of a trailer coach park; provided that this section shall not affect any trailer coach park which shall have been legally set up prior to the approval and publication of this section



ARTICLE XIII - MOTOR BOATS
SECTION 1. All motor boats must (except when prevented by a narrow channel or when approaching or leaving the shore or other boats or passing under bridges or rounding sharp bends) keep one hundred fifty (150) feet distant from anchored or moored  boats, piers, rafts, floats, a line of floats outlining swimming areas, skin divers' flags, or the shore.  In all such cases the speed of such motor boats shall be reduced to headway speed, so as to provide full visibility and control, and prevent their wash from being thrown into, or causing excessive rocking to other boats, barges, aquaplanes or other devices being towed by power.   The operation of a towing boat shall be responsible for compliance therewith.  Violations of the above law are subject to the provisions of
Section 14 (c) of Chapter 275 of the Acts of 1960' Whoever violates any provision of section 8 or any rule or regulation pertaining thereto, shall be punished by a fine of not more than five hundred dollars and by imprisonment for not more than six months or both.  If such violation results in  death of any person a fine of not more than one thousand dollars and imprisonment for not more than one year.


ARTICLE XIV - INSPECTORS
SECTION 1. The Selectmen shall annually appoint an inspector of propane gas piping and propane gas appliances in buildings as provided in General Laws, Chapter 143, Section 3-0, as amended.


ARTICLE XV - AYER PLANNING BOARD, MUNICIPAL PLANNING AND SUBDIVISION CONTROL REGULATIONS
(Please refer to the Town of Ayer Zoning By-Law Book).


ARTICLE XVI - BUILDING CODE
There shall be a local building code in the Town of Ayer pursuant to Section 3 of Chapter 143 of the General Laws as to regulate the inspection, materials, construction, alteration, demolition, removal, length, area, location and use to require permits and licenses therefor, said building code applicable to one and two family dwellings to be the national building code known as "One and Two Family Dwelling Code" and as to all other buildings or structures within the Town of Ayer that code known as "Commonwealth of Massachusetts Building Code STD 10".


ARTICLE XVII - EXTENSION OF WATER AND SEWER LINES
"No permanent water or sewage line may be extended outside of the boundary of the Town of Ayer unless said extension be authorized by a vote of the Town at an Annual or Special Town Meeting."


ARTICLE XVIII - REMOVAL OF EARTH IN THE TOWN OF AYER
"No person, individual or corporation shall remove from the Town of Ayer, from any parcel of land, soil, loam, sand, gravel or other earth products in the Town of Ayer in excess of ten (10) cubic yards in any one year without the approval of the Board of Selectmen, after a public hearing  of which due notice is given.  In issuing a permit the Board of Selectmen may impose reasonable conditions as to the resurfacing with loam." Violations of this section  shall be punished by a fine of not more than one hundred dollars ($100.00) for each offense.



ARTICLE XIX - ZONING BY-LAW
(Please refer to the Town of Ayer Zoning By-Law Book).


ARTICLE XX - REGULATION OF WATER & SEWER USE
WATER & SEWER USE AND RATES are subject to hearings that are held on a yearly basis - copies of regulations may be obtained from the PUBLIC WORKS DEPARTMENT.


ARTICLE XXI - ABANDONED, WRECKED, DISMANTLED OR DISCARDED VEHICLES
Section 1. Definitions.
The following definitions shall apply in the interpretation and enforcement of this By-law:

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

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

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

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

Section 2. Abandonment of Vehicles.
Except as to vehicles for which other provisions are made under the laws of the Commonwealth of Massachusetts, no person shall abandon any vehicle within the Town and no person shall have any vehicle at any place within the Town for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.

Section 3. Leaving of Wrecked Vehicle on Street.
Except as to vehicles for which other provisions are made under the laws of the Commonwealth of Massachusetts, no person shall leave any partially dismantled, wrecked or junked vehicle on any-street or highway within the Town.

Section 4. Disposition of Wrecked or Discarded Vehicles.
No person in charge or control of any property within the Town, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, wrecked, junked or discarded vehicle to remain on such property longer than sixty (60) days; and no person shall leave any such vehicle on any property within the Town for a longer time than sixty (60) days; except that this By-Law shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Town.  This Section shall not Apply to the holders of Class 3 licenses granted under G.L. (Ter.  Ed.). Chapter 140, Section 58.

Section 5. Impounding.
The Fire Chief, Chief of Police, Superintendent of Highways or any member of his department designated by him is hereby authorized to remove or have removed any vehicle left at any place within the Town which reasonably appears to be in violation of this By-Law or lost, stolen or unclaimed.  Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with G.L. (Ter.  Ed.), Chapter 135 relative to unclaimed or abandoned property.

Section 6. Penalties.
Any person violating any of the provisions of this By-Law shall be deemed guilty of a misdemea nor and upon convection thereof shall be fined in an amount not exceeding Twenty (20) Dollars. Each day such violation is committed or permitted to continue shall  constitute a separate offense and shall be punishable as such hereunder.



ARTICLE XXII - COUNCIL ON AGING
SECTION 1. There is hereby established a Council for the purpose of coordinating or carrying out programs designed to meet the problems of the aging in coordination with a program of the Commission on Aging established under Section 73 of Chapter 6 of the General Laws as amended, or as the same may be hereafter amended.

SECTION 2. The Council on Aging established hereunder shall consist of five (5) members to be appointed by the Board of Selectmen and all of said members shall be residents of the Town.  When said Council is first established two (2) members shall be appointed for terms of three (3) years each, two members shall be appointed for terms of two (2) years and one (1) member shall be appointed for the term of one (1) year and their successors shall be appointed for terms of three
(3) years each.  A vacancy occurring other than by expiration of term shall be filled in the same manner as an original appointment.

SECTION 3. The Council shall submit an Annual Report to the Town for inclusion in the Annual Town Report and shall send a copy thereof to the State Commission on Aging.    The Council may appoint such clerks; and other employees as it may require.




ARTICLE XXIII - PUBLIC DRINKING BY-LAW
Amended May 11, 1992

No person shall drink from or posses an open container of any alcoholic beverage as defined in Chapter 138 Section 1 of the Massachusetts General Laws, while on, in or upon any public way, sidewalk, or upon any way to which the public has a right of access, or a public park, playground, or any private land or place without the consent of the owner or person in control of such public or private land or place.  All alcoholic beverages being used in violation of this ordinance shall be seized and safely held until final adjudication of charge against the person or persons arrested or summoned before the First District Court of Northern Middlesex.  As prescribed by law, alcoholic beverages seized by arresting authority or authority initiating prosecution in the event subject or subjects are to be summoned, seized alcoholic beverages are to be submitted to a certified state food and drug facility for testing and certification of the contents. Upon final adjudication of the charge against person or persons arrested or summoned and upon direction of the adjudicating authority only such alcoholic beverages not marked by the state food and drug facility as containing a "poison" substance shall be returned to the person entitled to lawful possession. Such alcoholic beverages must be claimed by said person within seven (7) days after final adjudication or they shall be destroyed by the seizing authority.  Violation of this by-law is punishable by a fine of not less than fifty ($50.00) dollars for the first offense and by a fine of not more than one hundred ($100.00) dollars for a second or subsequent offenses, take any action thereon or in relation thereto.



ARTICLE XXIV - SENIORITY AND OTHER RIGHTS OF TOWN EMPLOYEES
SECTION 1. Application of this By-Law. This By-Law shall apply to all present and future employees of the Town of Ayer who are employed by the Town on a full-time basis including non-professional employees of the School department of the Town of Ayer.

SECTION 2. Initial date in Employment. Any full-time employee of the Town of Ayer who initially obtained employment with or on behalf of the Town of Ayer by virtue of a United States Government program such as, but not limited to, the Comprehensive Employment Training Act (CETA) and the Emergency Employment Act of 1971 (EEA) shall be considered to be an employee of the Town of Ayer as of the date he or she first commenced work for or on behalf of the Town of Ayer, provided that such person employed continued in full-time employment with the Town of Ayer after the Federal Program funding for that person so employed terminated. The term
"continued employment full time,' as used in the previous sentence shall be construed to mean that there was no interruption in employment after the Federal Program funding terminated and that the person so employed continued immediately in full-time employment with the Town of Ayer.

SECTION 3. Retroactive Effect of this By-Law. This By-Law shall apply retroactively to all present employees of the Town of Ayer so affected. However, no employee so affected may make a claim for increased longevity pay, vacation pay, or other pay based on length of service with the Town of Ayer prior to Fiscal Year 1970.

SECTION  4. This By-Law shall not apply to tenured teachers employed by the Town of Ayer and no teacher who is not possessed of tenure shall have any rights or privileges pursuant to the provisions of this By-Law; however this By-Law shall not be construed as increasing varying and/or in any way, limiting the provisions of Mass.  Gen.  LAws, Chapter 71, Sections 41 through 47A, inclusive.



ARTICLE XXV - BY-LAW ON TRANSIENT MERCHANTS

SECTION 1. Definitions.    For the purpose of this by-law the following terms shall have the meanings indicated below:

(a) A "transient merchant" is any person, firm, or corporation, whether as owner, agent, or employee, whether a resident of the Town or not, who engages in or transacts any temporary business within the Town either in one location or by moving from one place to another, selling or buying goods, wares, merchandise, or services, or who solicits for orders, sales, subscriptions or business of any kind, or who solicits for information of donations and shall include all peddlers, canvassers and solicitors.
(b) "Person" shall include the singular and the plural and shall also mean and include any person, firm or corporation, association, club, partnership or society, or any other organization.
(c) "Peddler" means any person who sells and makes immediate delivery or offers for sale and immediate delivery, any goods, wares or merchandise, in possession of the seller, at any place within the Town of Ayer other than from a fixed place of business.
(d) "Solicitor" means any person who sells or takes orders or offers to sell or take orders for goods, wares, or merchandise for future delivery, or for services to be performed, at any place within the Town of Ayer other than a fixed place of business.

SECTION 2. Exceptions.   This by-law, except as hereinafter provided, shall not apply to:

(a)  Persons, firms or corporations selling services, goods, wares, merchandise or materials at wholesale to dealers in such articles.
(b)  newsboys.
(c)  Persons vending and delivering goods, wares or merchandise to regular customers on established routes in the regular course of business.
(d)  Sales in private residences of the owner's household goods and belongings.
(e)  Religious,  charitable,    patriotic or philanthropic
organizations; provided, however, that such organization shall register with the Police Department prior to engaging in any business or activity related to the work or purposes of such organizations in Ayer and shall furnish such information in writing as is required from a permit applicant hereunder.
(f)  Governmental officers or employees of the Town, County, State or Federal Government, or any subdivision thereof when on official business.
(g)  Insurance companies authorized to do business in Massachusetts.

SECTION 3. Permit required.  No persons, firm or corporation engaged in the business of a transient merchant as defined herein within the Town of Ayer without first obtaining a permit in compliance with the provisions of this by-law.

SECTION 4. Application.

(a)  Each applicant hereunder shall obtain from and file with the Police Department an application for a transient merchant permit and accompany said application with an investigation fee of Five ($5.00) Dollars to cover cost of investigating the applicant.
(b)  The Written application shall state the nature of time for which the permit is desired; the nature of the product or services in which he is interested; the name, date of birth and permanent address of the applicant for said permit; the name and address of the person, firm, partnership, association or corporation represented; and the proposed method of operation in the Town.

SECTION 5. Investigations.
    
Upon receipt of each such application, the Police Department shall immediately institute such investigation of the applicant, his business, financial responsibility and moral character as the Department deems necessary for the protection of the public good, and the Chief of Police, or in his absence, the officer in charge of said Department, shall endorse his approval or disapproval upon said application within seventy-two (72) hours after it has been filed with said Department.  Each applicant who shows evidence of good character and who pays the fee provided for herein shall be furnished a permit.  If the investigation reveals that the applicant has ever been convicted of a felony, the Chief of Police shall refuse to issue the permit requested, specifying the reason for such refusal.

SECTION 6. Permits.

(a)  No permit shall be issued until three (3) Business days after application therefor is made in writing to the Police Department.
(b)  All persons shall clearly indicate the dates of issuance and expiration and the name and address of the permittee.
(c)  All permits issued under this by-law are personal; they shall not be transferable. Any holder who allows a permit to be used by any other person shall be guilty of a violation of this by-law.
(d)  Permittees under this by-law shall carry their permit with them while engaged in permitted activities, and shall display such permit to  any police officer or any person being solicited upon request.
(e)  Annual permits shall be issued on May 1 and expire on April 30 of each year.

SECTION 7. Miscellaneous Regulations.   No permittee under this by-law shall sell, peddle, or solicit between the hours of six o'clock p.m. and eight o'clock a.m. or on Sundays and legal holidays, unless invited to do so by the owner or occupant of any private resident in the Town.

SECTION 8. Revocation.

(a)  Permits issued under this by-law may be revoked by the Chief of Police after notice and hearing for any of the following causes:
  (1) Fraud, misrepresentation or false statements contained in the application for a permit.
  (2) Fraud, misrepresentation or false statements in the course of carrying on his business or transient merchant.
  (3) Any violation of this by-law.
  (4) Conviction of a Felony.
(b)  Notice of the hearing for the revocation of the permit shall be given in writing, setting forth the grounds of complaint and the time and place of hearing.  Such notice shall be mailed, postage prepared to the Permittee at his last known address, or at an address contained in the application for a permit.  It shall be mailed at least five (5) days prior to the date set for the hearing.
(c)  Any person aggrieved by the action of the Chief of Police in the denial of a permit, or in refusing a permit, shall have the right of appeal to the Board of Selectmen.   Such appeal shall be taken by filing with the Selectmen within (10)  days after any notice complained of has been mailed to the Permittee's last known address, a written statement setting forth fully the grounds for appeal.  The Selectmen shall set a time and place for a hearing on such appeal and notice of the hearing shall be given to the appellant in writing five (5) says before the date set for hearing.  The decision and order of the Selectmen on such appeal shall be final and conclusive.

PENALTY

SECTION 1. Any person, form, or corporation violating any provisions of these by-laws shall be fined not more than fifty (50) dollars for each offense, except as otherwise provided herein; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

AMENDMENTS

SECTION 1. These by-laws may be amended at any Town Meeting, an article or articles for such purpose having been inserted in the Warrant for such meeting.  For purposes of these by-laws the repeal of a by-law or the adoption of a new by-law shall be deemed an amendment of the by-laws.

SECTION 2. Any amendment to these by-laws shall go into effect upon its acceptance by the Town and its approval in the manner required by law,  and upon its publication at least three times in one or more newspaper, if any, published in the Town, otherwise in one or more newspapers published in the County, and all by-laws or votes of the Town inconsistent therewith shall thereupon be repealed.



ARTICLE XXVI - WETLANDS PROTECTION
SECTION 1. The purpose of this by-law is to protect the wetlands of the Town of Ayer by controlling activities deemed to have a significant effect upon wetland values, including but not limited to the following public or private water supply, groundwater, flood control, erosion control, storm damage, water pollution, fisheries, shellfish, wildlife recreation, and esthetics. No person shall remove, fill, dredge, or alter any bank, freshwater wetlands meadow, bog or swamp bordering  on any estuary, creek, river, stream, pond or lake, or any land under said water or any land subject to flooding, other  than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other communication services, without filing written notices of his intention so to remove, fill, dredge or alter and without receiving and complying with an order of conditions and provided all appeal periods have elapsed.  Such notices shall be sent by certified mail or hand delivered to the Ayer conservation Commission, including such plans as may be necessary to describe such proposed activity and its effect on the environment.  The same notice, plans and specifications required to be filed by an applicant under Massachusetts General Laws, Chapter 131, Section 40, will be accepted as fulfilling the requirements of the by-law. The said Commission, in its discretion, may hear any oral presentation under this by-law at the same public hearing required to be held under the provision of said chapter 131, Section 40, of the Massachusetts General Laws.   Definitions set forth in said Chapter and Section and in the Regulations issued and as may be amended by the Department of Natural Resources thereunder, are hereby made a part of this by-law.

SECTION 2. The term "person" as used in this by-law, shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political subdivision there, administrative agency quasi-public corporation or body, or any other legal entity of its legal representative, agents or assigns.

SECTION 3. The commission shall make a determination as to whether or not this by-law applies to a specific situation prior to the filings of a written notice of intent under the provisions hereof, within days of the receipt of a written request sent by certified mail from any person desiring such determination.  The Commission, its agent, officers and employees, may enter upon the land upon which proposed work is to be done in response to a request from a prior determination or for the purpose of carrying out its duties under this by-law and may make or cause to be made such examination or survey as deemed necessary.

SECTION 4. The Conservation is empowered to deny permission for any removal, dredging, filling, or altering of subject lands within the Town if in its judgment, such denial is necessary to preserve environmental quality of either or both to the Subject lands and contiguous lands.  Due consideration shall be given to possible effects of the proposal on all values to be protected under this by-law and to demonstrate hardship on the petitioner by reason of a denial, as brought forth at the public hearing.

SECTION 5. The Commission may, as an alternative to a denial, impose such conditions as it deems necessary to contribute to the protection and preservation of subject lands in accordance with the purposes of this by-law. Any Order of Conditions issued under this by-law shall be subject of the same constraints and be identical to any such order by the Ayer Conservation Commission under the provisions of Massachusetts General Laws, Chapter 131, Section 40.

SECTION 6. The notice required by the first paragraph of this by-law shall not apply to emergency projects necessary for the protection of the health or safety of the citizens of Ayer and to be performed by an administrative agency of the Commonwealth or by the Town.  Emergency projects shall mean any projects certified to be an emergency by the Commissioner of the Department of Natural Resources and the Conservation Commission if this by-law and Massachusetts General Laws, Chapter 131, Section 40, are both applicable, or by the Conservation Commission if only this by-law is applicable. In no case shall any removal, filling, dredging or alteration authorized by such certification extend beyond the time
necessary to abate the emergency.



ARTICLE XXVII - WATER RATES TO BE LIEN UPON REAL ESTATE
If the rates and charges due to a city, town or water district which accepts this Section and Sections forty-two 42B to 42F, inclusive, by vote of its City Council or of the voters in Town or District meeting and, by its Clerk, files a certificate of such acceptance in the proper registry of deeds, for supplying or providing for water or rendering service or furnishing material in connection therewith to or for any real estate at the request of the owner or tenant are not paid on or before their due date as established by local regulations, ordinances or by-laws, which due dates shall be so established as to require payments at least as often as semiannually, such rates and charges, together with interest thereon and costs relative thereto, shall be a lien upon such real estate as provided to Section 42B. The Register of Deeds shall record such certificate of acceptance in a book to be kept for the purpose, which shall be kept in an accessible location in the registry.

Section 42B to 42F inclusive, shall also apply to a water district which has accepted Sections 42A to 42F, inclusive and whose Clerk has so filed the certificate of acceptance. Wherever in said sections the word "board" or officer in charge of the Water Department or their equivalent appear, they shall also mean and include the officers exercising similar duties in any city, town or district.  A fire district authorized to supply water shall, for the purposes of Section 42A to 42F inclusive be deemed to be a water district (1923,391; 1924, 107, 1927, 56; 1932, 197-2; 1936, 42-1; 1938-415-1; 1941, 380-1; 1954, 487-1).

42B. Lien, when to take effect: Collection, etc.  Such lien shall take effect by operation of law on the day immediately following the due date of such rate or charge and, unless dissolved by payment or abatement, shall continue until such rate or charge has been added to or committed as a tax under Section 42C, and thereafter, unless so dissolved, shall continue as provided in Section 37 of Chapter 60,lexcept that the date provided for termination of the lien in case of a recorded alienation shall be at the expiration of the two years from October lst of the year of such addition or committal.  Anything in this section to the contrary not withstanding, if any such rate or charge is not added to or committed as a tax under Section 42C on or before December 31st of the year immediately following the year in which such rate or charge becomes due. Notwithstanding such lien any such overdue rate or charge may be collected through any legal means, including the shutting off of water, which may be deemed advisable; provided, that after the termination of
such a lien, no city, town or water district shall attempt to enforce, by shutting off the water, collection of such rate or charge from any person not liable therefor, who has succeeded to the title or interest of the person incurring such rate or charge.  All such rates and charges excluded by court decree under Section 76B of Chapter 50 as shall, to the extent that they were properly chargeable to the person owning, or to the tenant occupying the premises, whether through redemption or otherwise, such rates and charges to the extent that they were properly chargeable to him, may be enforced in any other manner provided or available for collection and enforcement of water rates and charges (1972, 391; 1924, 413; 1935, 56; 1936, 42-2; 1938, 415-2; 1941, 380-2; 1947, 132; 1954, 487-2).

42C. Unpaid Rates or Charges, Commitment to Collector, etc. If a rate or charge for which a lien in effect under Section 42B has not been added to or committed as a tax and remains unpaid when the Assessors are preparing a Real Estate Tax List and warrant to be committed by them under Section 53 of Chapter 59, the Board or off icer in charge of the Water Department, or the Town Collector of Taxes if applicable under Section 38A of Chapter 41, shall certify such rate or charge to the tax on the property to which it relates and commit it with their warrant to  the Collector of Taxes as part of such tax.   If the property to which such rate or charge relates is tax exempt such rate or charge shall be committed as the tax (1923, 391; 1935, 248-1; 1938, 415-3; 1941, 380-3; 1954, 487-2; 1965, 250).

42D. Unpaid Rates and Charges Subject to Certain Statutes:
Powers and Duties of Collectors. Except as otherwise provided, the provisions of Chapters 59 and 60 shall apply, so far as pertinent, to all rates and charts certified to the Assessors under Section 42C.  Without limited generality of the foregoing, upon commitment as a tax or part of a tax under Section 42C, all such rates and charges shall be subject to the provisions of law relative to interest on the taxes of which they become, or, if the property were not tax exempt would become a part: and the collector of taxes shall have the same powers and be subject to the same duties with respect to such rates and charges as in the case of annual taxes upon Real Estate, and the provisions of law relative to the collection of such annual taxes, the sale or taking of land for the non-payment thereof and the redemption of land so sold or taken shall, except as otherwise provided, apply to such rates and charges (1923, 391; 1935, 248-1 & 2; 1938, 415-3 & 4; 1941, 380-3 & 4; 1950, 80; 1954, 487-2).

42E. Abatement: Appeals.  An owner of Real Estate aggrieved by a charge imposed thereon under Section 42A to 42F, inclusive, in addition to such remedy as he may have under Section 10 of Chapter 165, may apply for an abatement thereof by filing a petition with the Board or Officer having control of the Water Department within the time allowed by law for filing an application for abatement of the tax of which such charge is, or, if the property were not tax exempt, would have been a part, and if such Board or Officer finds that such charge is more than is properly due, a reasonable abatement shall be made,- and except as otherwise provided herein, the provisions of Chapter 59 relative to the abatement of taxes by assessors shall apply, for far as applicable, to abatements here-under.  If such petition is denied in whole or in part, the petitioner may appeal to the appellate tax board upon the same terms and conditions as a person aggrieved by the refusal of the Assessors of a city or town to abate a tax (1923, 391; 1932, 180-6; 1939, 452-7; 1941, 380-5).

42F.  Recovery from Tenants by owners paying charges.  An owner of Real Estate who, in order to prevent the imposition of a lien thereon or to discharge the same, has paid charges for water furnished a tenant or other person who was bound to pay the same, may recover from such tenant or other person in an action of contract, the amount of the charges so paid with all incidental costs and expenses (1923, 391).



ARTICLE XXVIII - SEWER TAX LIENS
16A. Tax Liens for unpaid Annual Sewer Charges.

If the rates and charges due to a city, town or sewer district, which accepts this section and sections to 16B to 16F, inclusive, by vote of its City Council or of the voters in towns or Districts, and, by its Clerk, files a certificate of such Acceptance in the proper registry of deeds for supplying or providing for a sewer system or rendering services or furnishing materials in connection therewith to or any real estate at the request of the owner or tenant are not paid on or before their due date as established by local regulations, ordinances or by-laws, which due dates shall be established as to require payments at least as often as annually, such rates and charges together with interest thereon and costs relative thereto, shall record such certificate of acceptance in a book to be kept for the purpose which shall be kept in an accessible location in the registry.

Sections 16B to 16F, inclusive and whose Clerk has so filed the certificates of acceptance.  Wherever in said section the words "Board or Officer in charge of the Sewer Department" or their equivalent appear, they shall also mean town or district.  A fire or water district authorized to provide a sewer system shall, for the purposes of Sections 16A to 16F, inclusive, to be deemed to be a sewer district (1977, 586, approved October 3, 1977, effective 90 days after).

16B. Tax Liens: Effective Dates; Termination Dates; Recovery of Rates and Charges.

Such lien shall take effect by operation of law on the day immediately following the due date of such rate or charge and, unless dissolved by payment or abatement, shall continue until such rate or charge has been added to or committed as a tax under Section C, and thereafter, unless so dissolved, shall continue as provided in Section 37 of Chapter 60, except that the date provided for the termination of the lien in case of a recorded alienation shall be at the expiration of two years from October lst of the year of such addition or committal.  Anything in this section to the contrary not withstanding, if any such rate or charge is not added to or committed as  a tax under Section 16C on or before December 31st of the year immediately following the year in which such rate or charge becomes due. The lien for such rate or charge shall terminate on October ist of the third year
following the year in which such rate or charge becomes due.

Notwithstanding such lien, any such overdue rate or district shall attempt to enforce, by shutting off the sewer connection, collection of such rate or charge from any person not liable therefor, who has succeeded to the title or interest of the person incurring such rate ore charge.  All such rates and charges excluded by court decree under Section 76B of Chapter 60 shall, to the extent that they were properly chargeable to the person owning, or to the tenant occupying, the premises for which such rates and charges were incurred, be recoverable from such person or tenant, as the case may be, in an action of contract or otherwise.   If at the time of the entry of such decree, such person or tenant is still the owner or tenant of the premises, whether through redemption or otherwise such rate and charges to the extent that they were properly chargeable to him, may be enforced in any other manner provided or available for collection and enforcement of sewer connection rates and charges (1977, 586; approved October 3, 1977, effective 90 days thereafter).
16C. Adding unpaid charges to Tax on Property.

If a rate or charge for which a lien in effect under Section 16B has not been added to or committed as a tax and remains unpaid when the Assessors are preparing a Real Estate Tax List and warrant to be committed by them under Section 53 of Chapter 59, the Board or Officer in charge of the Sewer Department or the Town Collector of Taxes, if applicable under Section 38A or Chapter 41, shall certify such rate or charge to the Assessors, who shall forthwith add such rate or charge to the tax on the property to which it relates and commit it with their warrant to the Collector of Taxes as a part of such tax. If the property to which such rate or charge relates is tax- exempt, such rate or charge shall be committed as the tax (1977, 685; approved October 3, 1977, Effective 90 days thereafter).

16D. Interest on Taxes.

Except as otherwise provided the provisions of Chapter 59 and 60 shall apply so far as pertinent, to all rates and charges certified to the Assessors under Section 16C without limiting the generality of the foregoing, upon commitment as a tax or part of a tax under said Section 16C. All such rates and charges shall be subject to the provisions of law relative to interest on the taxes of which they become, or, if the property were not tax exempt would become, a part; and the Collector of taxes shall have the same powers and the subject to the same duties with respect to such rates and charges as in the case of annual taxes upon real estate, and the provisions of law relative to the collection of such annual taxes, the sale or taking of land for the nonpayment There of and the redemption of land so sold or taken shall, except as other wise provided apply to such rates and charges (1977, 596; approved October 3, 1977, effective 90 days thereafter).

16E.  Abatement of Taxes.

An owner of Real Estate aggrieved by a charge imposed thereon under Section 16A to 16F, inclusive, in addition to such remedy as he may have under Section 10 of Chapter 165, may apply for an abatement thereof by filing a petition with the Board or Officer having control of the Sewer Department within the time allowed by law for filing an application for abatement of the tax of which such charge is, or, if the property were tax exempt, would have been, a part, and if such Board or Officer finds that such charge is more than is properly due, a reasonable abatement shall be made; and except as otherwise provided herein, the provisions of Chapter 59 relative to the abatement of taxes by Assessors shall apply, so far as applicable, to abatements hereunder. If such petition is denied in whole or in part, the petitioner may appeal to the appellate tax board upon the same terms and conditions as a person aggrieved by the refusal of the Assessors of a city or town to abate a tax (1977, 586; approved October 3, 1977, effective 90 days thereafter).

16F. Recovery by Landlord against Tenant for Charges.

An owner of Real Estate who, in order to prevent the imposition of a lien thereon or to discharge the same, has paid charges for  sewer connections furnished to a tenant or other person who was bound to pay the same, may recover from such tenant or other-person in an action of contract the amount of the charges so paid with all incidental costs and expenses (1977, 586; approved October 3, 1977, effective 90 days thereafter).



ARTICLE XXIX - PRIVATE SWIMMING POOLS
PRIVATE SWIMMING POOLS

(a) Under the provisions of the Commonwealth of Massachusetts regulation, Section 428, 8.5, enclosure: every private, above or below ground swimming pool shall be enclosed by a fence four (4) feet in height and firmly secured at ground level.  A pool may otherwise by made safe from children by a method installed so that it keeps children away from the pool area; (b) Above ground swimming pools over four (4) feet in height which have been inspected and approved by the building official; the building official may vary the fence requirement of the above ground pool if secured from access when the pool is unattended.




ARTICLE XXX - SMOKE AND HEAT DETECTORS
Certain public accommodations; automatic smoke or heat detectors
26C. In any city or town which accepts this section, apartment houses containing six or more dwelling units, hotels, boarding or lodging houses, or family hotels which are not regulated by 26A and 26B shall be equipped with an automatic smoke or heat detector in each dwelling unit and each hallway floor. The head of the Fire Department as defined in Section 1 shall enforce the provisions of this section.

Residential buildings or structures; installation of smoke detectors
26E.  In a city or town which accepts this section, buildings or structures occupied in whole or in part for residential purposes, and not regulated by Section 26A, 26B or 26C shall, within one year of the date of such acceptance, be equipped with approved smoke detectors, for buildings or structures occupied in whole or in part for residential purposes and containing a maximum of two dwelling units, one approved smoke detector shall be installed on each level of habitation and on the basement level. Such approved smoke detectors shall be installed in the following manner: an approved smoke detector shall be installed on the ceiling of each stairway leading to the floor above, near the base of, but not within each stairway and an approved smoke detector shall be installed outside of each separate sleeping area.  For buildings or structures occupied in whole or in part for residential purposes and containing not less than three nor more than five dwelling  units, an approved smoke detector shall be installed in each dwelling unit outside each separate sleeping area and in common hallways of said residential building or structure. The above provisions shall not apply to owner occupied single family dwelling. The head of the Fire Department shall enforce the provision of this section.

Nonresidential buildings or additions; automatic suppressant or sprinkler systems.
26G.  In any city or town which accepts the provisions of this section, every building of more than seventy-five hundred gross square feet in the floor area or every addition of more than seventy-five hundred  gross square feet in the floor area shall be protected throughout in an adequate system of automatic sprinklers in accordance with the provisions of the state building code.  Provided, however, that in the case of said addition, an adequate system of automatic sprinklers shall be installed in said addition only.  No such sprinkler system shall be required unless sufficient water and water pressure exists.  For purposes o this section., the gross square feet of a building or addition shall include the sum total of the floor areas for all floor levels, basements and sub-basements, measured from outside walls, irrespective of the existence of interior fire resistive walls, floors and ceilings.

In such buildings or additions, or in certain areas of such buildings or additions, where the discharge of water would be an actual danger in the event of fire, the head of the Fire Department shall permit the installation of such other fire suppressant systems as are prescribed by the state Building code in Lieu of Automatic Sprinkles.  Automatic suppressant or sprinkler systems shall not be required in rooms or areas of a telephone central office equipment building fire alarm system.  Sprinkler systems shall not be required in a one (1) story building having a fire resistant ratings prescribed in the State Building code that is solely used for offices provided the building is protected by an automatic fire alarm system.  Sprinkler systems shall not be required in open-air parking structure, defined as:  buildings, structures or portions thereof, used for parking motor vehicles and having not less thatn twenty-five percent of the total wall ara open to the atmosphere at each level, utilizing at least two sides of the structure.  This section shall not apply to buildings or additions used for residential purposes.  The head of the Fire Department shall enforce the provisions of this section. Whoever is aggrieved by the head of the Fire Department's interpretation, order, requirement, direction or failure to act under the provisions of this section, may within forty five (45) days after service of notice thereof, appeal from such interpretation, order or requirement to the Board of Appeals of the Fire Safety Commission as provided in Section Two Hundred on one (201) of Chapter Six (6).

Lodging or boarding houses; automatic sprinkler systems
26H.  In any city or town which accepts the provisions of this section, every lodging house or boarding house shall be protected throughout with an adequate system of automatic sprinklers in accordance with the provisions of the state Building Code.  No such sprinkler system shall be required unless sufficient water and water pressure exists.  In such buildings or in certain areas of certain buildings, where discharge of water would be actual danger in event of fire, the head of the Fire Department shall permit the installation of such other fire suppressant systems  as are prescribed by the State Building Code in lieu of automatic sprinklers. The head of the Fire Department shall enforce the provisions of this section.
For the purpose of this section:

Boarding House or Lodging House:
Shall mean a house where lodgings are let to six(6) or more persons not within the second degree of kindred to the person conducting it, but shall not include fraternity houses or dormitories, rest homes or group residences licensed or regulated by agencies of the Commonwealth.  Any lodging or Boarding house subject to the provisions of this section shall be equipped with automatic sprinklers with five (5j) years after acceptance of this act by a City or Town.

Whoever is aggrieved by the head of the Fire Department's interpretation, order, requirement, direction or failure to act under the provisions of this section, may within forty-five (45) days after service of notice thereof, appeal from such interpretation, order or requirement of the Board of Appeals of the Fire Safety Commission as provided in section Two Hundred and one (201) of Chapter Six (6).

26I. In a city, town or district which accepts the provisions of this section, any building hereafter constructed or hereafter substantially rehabilitated so as to constitute the equivalent of new construction and occupied in whole or in part for residential purposes and containing not less than four (4) dwellings units including, but not limited to, lodging houses, boarding houses, fraternity houses, dormitories, apartments, townhouses, condominiums, hotels, motels and group residences, shall be equipped with an approved system of automatic sprinklers in accordance with the provisions of the State Building Code.  In the event that adequate water supply is not available, the head of the Fire Department shall permit the installation of such other fire suppressant systems are prescribed by the State buildings with approved and properly maintained installaltions may be eligible for a rate reduction on fire insurance.
           Section 1.  Section 34 of said Chapter 148, as appearing in the 1988 official edition, is hereby amended by striking out, in lines 2 and 4 the word "fifty" and inserting in place thereof, in each instance, the words:  "one hundred".
        Section 2.  The provisions of section one shall not apply to construction projects approved by permit within one (1) year prior to the acceptance of this act by a city, town or district.  

Sections 26G 26H and 26I will take effect January 1,1992

Accepted Acts.           Special Town Meeting October 21,1991


ARTICLE XXXI - FLOOD PLAIN DISTRICT
I. Purpose

The purposes of the Flood Plain District are to protect the public health, safety, and general welfare, to protect human life and property from the hazards of periodic flooding, to preserve the natural flood control characteristics, and the flood storage capacity of the flood plain, and to preserve and maintain the groundwater table and water recharge areas within the flood plain.

II. District Delineation

The general boundaries of the Flood Plain District are shown on the Ayer Flood Insurance Rate Map (FIRM), dated July 19, 1982, as Zones A, A 1-30 to indicate the 100 year flood plain.  The exact boundaries of the District are defined by the 100 year water surface elevations shown on the FIRM and further defined by the Flood Profiles contained in the Flood Insurance Study,  dated July 19, 1982. The floodway boundaries are delineated on the Ayer Flood Boundary Floodway Map (FBFM), dated July 19, 1982, and further defined by the Floodway Data Table contained in the Flood Insurance Study. These two maps as well as the accompanying Study are incorporated herein by reference and are on file with the Town Clerk, Planning Board and Building Commissioner.

Within Zone A, where the 100 year flood elevation is not provided on the FIRM, the developer/ applicant shall obtain any existing flood elevation data and it shall be reviewed by the Building Commissioner.  If the data is sufficiently detailed and accurate, it shall be relied upon to require compliance with this bylaw and the State Building Code.

III. Use Regulations

The Flood Plain District is established as an overlay district to all other districts.  All development, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, section 40 of the Massachusetts General Laws and with the requirements of the Massachusetts State Building Code pertaining to construction in the flood plains (currently Section 744).

A. Permitted Uses

The following uses of low flood damage potential and causing no obstructions to flood flows shall be allowed provided they are permitted in the underlying district and they do not, require structures, fill, or storage of materials or equipment:

1.)   Agricultural uses such as farming, grazing, truck farming, horticulture, etc.
2.)   Forestry and nursery uses.
3.)   Outdoor recreational uses, including fishing, boating, play areas, etc.
4.)   Conservation of water, plants, wildlife.
5.)   Wildlife management areas, foot, bicycle, and/or horse paths.
6.)   Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.
7.)   Buildings lawfully existing prior to the adoption of these provisions.

B. Special Permits

No structure or building shall be erected, constructed, substantially improved, or otherwise created or moved; no earth or other materials dumped, filled, excavated, or transferred, unless a special permit is granted by the Building Commissioner.  Said Board may issue a special permit hereunder (subject to other applicable provisions of this bylaw) if the application is complete with the following provisions:

1)  The proposed use shall comply in all respects with the provisions of the underlying District, and
2)  Within 10 days of receipt of the application, the Board shall transmit one copy of the development plan to the Conservation Commission. Planning Board, Board of Health, Town engineer and Building Commissioner.  Final action shall not be taken until reports have been received from the above Boards or until 35 days have elapsed, and
3)  All   encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the l00 year flood, and
4)  The Board may specify such additional requirement and conditions it finds necessary to protect the health, safety, and welfare of the public and the occupants of the proposed use.

SAMPLE ZONING AMENDMENT
60.3

The following zoning amendment, which meets the minimum requirements of the National Flood Insurance Program, is designed as an overlay district allowing for the safe development of Permitted underlying uses and is administered by the Building Commissioner.  A community should carefully analyze its floodplain, the current allowed uses, and the current mode of administration and decide if other means of regulating its floodplain would be more beneficial.  Many communities have chosen to regulate their floodplain through use of an overlay district with special permit uses governed by the Board of Appeals or Planning Board, insuring a case by case review of development in the floodplain.  Please consult the National Flood Insurance Program, Boston Office, your Regional Planning Agency, and Town Counsel for additional advice and recommendations during the development of this important zoning amendment.

FLOOD PLAIN DISTRICT REGULATIONS

I. Flood Plain District

The Flood Plain District is herein established as an overlay district.  The underlying permitted uses are allowed provided that they meet the following additional requirements as well as those of the Massachusetts State Building Code dealing with construction in floodplains.  The Flood Plain District includes all special flood hazard areas designated as Zone A, Al-30 on the Ayer Flood Insurance Rate Maps (FIRM) , and the Flood Boundary and Floodway Maps, dated July 19, 1982, on file with the Town Clerk, Planning board and Building Commissioner.  These maps as well as the accompanying Ayer Flood Insurance Study are incorporated herein by reference.

II. Development Regulations

The following requirements apply in the Flood Plain District:
A. Within Zone A, where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by the Building Commissioner for its reasonable utilization toward meeting the elevation or floodproofing requirements, as appropriate, of the State Building Code.

B. In the floodway, designated on the Flood Boundary and Floodway Map, the following provisions shall apply:

1. All encroachments, including fill, new construction  substantial improvements to existing structures, and other developments are prohibited unless certification by a registered professional engineer or architect is provided by the applicant demonstrating that such encroachment shall not result in any increase in flood levels during the occurrence of the 100-year flood.

2. Any encroachment meeting the above standard shall comply with the floodplain requirements of the State Building Code.

NOTE: If a community permits mobile homes in the Flood Plain District, additional development regulations will be necessary.  Sample language is available upon request.

SUBDIVISION STANDARDS FOR THE FLOOD PLAIN DISTRICT

All subdivision proposals and other proposed new development shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If any part of a subdivision proposal or other new development is located within the Flood Plain District established under the Zoning Bylaw it shall be reviewed to assure that:

1.      the proposal is designed consistent with the need to minimize flood damage, and

2.      all public utilities and facilities, such as sewer, gas, electrical, and water systems shall be located and constructed to minimize or eliminate flood damage, and

3.      adequate drainage systems shall be provided to reduce exposure to flood hazards, and

4.      base flood elevation (the level of the 100-year flood) data shall be provided for proposals greater than 5 acres, for that portion within the Flood Plain District.

NOTE:     If mobile home parks and/or subdivisions are permitted in the Flood Plain District, an additional standard will be necessary.  Sample language is available upon request.

HEALTH REGULATION PERTAINING TO THE FLOOD PLAIN DISTRICT

The Board of Health, in reviewing all proposed water and sewer facilities to be located in the Flood Plain District established under the Zoning Bylaw, shall require that:

1. new and replacement water supply systems be designed to minimize or eliminate infiltration of flood waters into the systems, and the systems, and

2. new and replacement sanitary sewage systems be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.

CONSERVATION COMMISSION DUTIES

1. Notify, in riverine situations, adjacent communities and the Massachusetts Division of Water Resources, the State Coordinating Agency, prior to any alteration or relocation of notification to the Federal Insurance Administration.

2. Assure that the flood carrying capacity within the altered or relocated portion of any water course is maintained.

BOARD OF APPEALS
RULES AND REGULATIONS

Should the Board of Appeals consider a petition for a variance from the regulations set forth in the Flood Plain District of the Zoning Bylaw, the following procedures will be adhered to:

1. The Board of Appeals shall only issue a variance upon:

a. a showing of good and sufficient cause, and
b. a determination that failure to grant the variance would result in exceptional hardship to the applicant, and
c. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause- fraud on or victimization of the public, or conflict with existing local laws, and
d. a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.

2.  Variances may be issued for structures to be erected on a lot of one half acre or less in size, if otherwise permitted by law, contiguous to and surrounded by lots with existing structures constructed below the base flood level.

3. A variance shall not be issued within any designated regulatory floodway if any increase in a flood levels during the base flood discharge would result.

4.  If a variance is granted, the Board of Appeals shall notify the applicant in writing over their signature that:
a. the issuance of such variance to construct a structure below the base flood elevation will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and
b. such construction below the base flood level increases risks to life and property.

5.      The Board of Appeals will maintain a record of all variance actions, including justification for their issuance and report such variances issued in the Annual Report submitted to the Federal Insurance Administration.

6.  Variances may be issued for the reconstruction, rehabilitation, or restoration of structures listed on the National Register of Historic Places or on State Inventory of Historic Places, without regard to the procedures set forth above.

780 CMR: STATE BUILDING CODE COMMISSION

SECTION 744.0 DESIGN REQUIREMENT FOR FLOODPLAINS AND COASTAL HIGH HAZARD AREAS

744.1  Designated areas and project:  Plans  for all structures and gas storage tanks, including new construction and substantial improvements to existing structures, and the placement of manufactured buildings and mobile homes, shall be subject to review by the building official to determine if the location is within any area of special flood hazards as designated by the Federal Insurance Administration (FIA), through issuance of a-Flood Hazard Boundary Map or through a scientific and engineering report entitled "Flood Insurance Study" with accompanying Flood Insurance Rate Maps and Flood Boundary and Floodway Maps.

For the purposes of this section only, substantial improvements shall be defined as any repairs, reconstruction, or improvements, the cost of which exceeds fifty (50) percent of the market value of the structure before repairs or damages.

744.2 Structural requirements in floodplains:  If a structure is to be constructed, or substantially improved within the one hundred (100) year floodplain (land subject to one (1) percent or greater chance of flooding in any given year), as determined by the building official, it shall be designed and constructed to minimize flood damage.  Plans for such building shall be submitted and certified by a registered professional engineer or architect to insure that the following requirements are met:

1. The building is designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement.
2. The building is constructed with materials and utility equipment resistant to flood damage.
3. Residential structures shall have the lowest floor, including basement or cellar, elevated to or above the one hundred (100) year elevation; or in the case of nonresidential structures, be floodproofed watertight to the one hundred (100) year level.
4. Where floodproofing is allowed for a particular building, it shall be designed to be watertight below the one hundred (100) year flood level and the floodproofing methods shall be adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the one hundred (100)year flood.
5. All mobile homes be anchored to resist flotation collapse, or lateral movement by providing over-the-top and frame ties to ground anchors in the following manner:
a. over-the-top ties be. provided at each of the four corners of the mobile home; with two (2) additional ties per side at intermediate locations for mobile homes greater or equal to fifty (50) feet long, and one (1) additional tie per side for mobile homes less than fifty (50) feet long;
b. frame ties be provided at each corner of the mobile home; with five (5) additional ties per side at immediate points for mobile homes greater or equal to fifty (50) feet long, and four (4) additional ties per side for mobile homes less than fifty (50) feet long;
c. all components of the anchoring system be capable of carrying a force of four thousand eight hundred (4,800) pounds; and
d. any additions to the mobile home be similarly anchored.

744.3 Structural requirements in coastal high hazard areas: If a structure is to be constructed or substantially improved within a coastal high hazard area (land subject to high velocity waters, including hurricane wave wash), as determined by the building official, plans for such building shall be submitted and certified by a registered professional engineer or architect to insure that the following requirements are met:

1. the structure is elevated on adequately anchored pilings or columns, and securely anchored to such piles or columns so that the lowest portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the one hundred (100) year level;
2. the structure is securely anchored, as provided above, in order to withstand velocity waters and hurricane wave wash;
3. fill is not used for structural support; and
4. the space below the lowest floor tree is of obstructions or constructed with breakaway walls intended to collapse under stress. such temporarily enclosed space not to be used for human habitation.

744.4 Records:   The building official shall obtain (or have the applicant provide) and maintain for public inspection a record of:
1.      the elevations, in relation to mean sea level, or the lowest floor, including basement or cellar, and whether or not the building has a basement or cellar;
2. the elevation, in relation to mean sea level, to which a  building has been floodproofed; and
3. the date when such construction commenced.



ARTICLE XXXII - LEASH LAW – DOG BY LAW
SECTION 1. DEFINITIONS OF TERMS:

Owner:  Any person or persons, firm, association or corporation owning, keeping or harboring a dog as herein defined.

Public Nuisance: Any dog shall be deemed a public nuisance when attacking persons or domestic animals when such dog is on property other than that of the dog owner; when destroying property, when on public school grounds and not under restraint (restraint shall mean physical restraint i.e. chain, rope or other material and shall not mean voice control); when it persistently chases moving motor vehicles, pedestrians, or bicycle riders; when it persistently and continually barks or howls; when it is permitted to run at large and unrestrained (restrained shall mean physically restrained i.e. with chain, rope or other material and shall not mean voice control) on property other than its owners.  Any unspayed female dog in season shall be deemed a public nuisance when not confined indoors or housed in a veterinary hospital or registered kennel.  Each time one of the above nuisances exists shall constitute a separate offense.

SECTION 2 - DOG RESTRAINT

1.   No owner or keeper of any dog shall permit such dog to become a nuisance within the Town at any time.

2.  This bylaw does not prohibit the running of hunting dogs or the exercising of dogs that are under the immediate control of owner or keeper while on private property with the property owners permission.

3.   If the owner or keeper of a dog is a minor, the parent or guardian of such minor shall be held liable for any violation of the bylaw.

4.   The owner shall pay such fees as established by the Town and it shall be the duty of the Dog Officer to apprehend any dog which he/she has reason to believe to be a public nuisance and to impound such dog in a suitable place or to order the owner to restrain such dog.

5.  If such a dog is impounded and has upon it the name and/or address of the owner, or owner if otherwise known, the dog officer shall immediately notify the owner.

6.  The owner of any dog impounded may reclaim such dog upon payment of twenty-five dollars ($25.00), provided, however, that if the dog is not licensed, a license must be secured from the Town Clerk before the dog is released.  The sums collected pursuant to the provision of this section shall be accounted for and paid over to the Town Treasurer.  Any dog which has been impounded and has not been redeemed by the owner within ten (10) days shall be disposed of as provided by the laws of the Commonwealth of Massachusetts.

7. The Dog Officer, members of the Police Department, or whoever else may be designated by the Board of Selectmen, shall enforce the provisions of the Bylaw and shall attend to all complaints pertaining to dogs in the Town with citation rights.

SECTION 3 - DOG LICENSES

1.  Chapter 140 Section 137 of the General Laws requires that all owners or keepers of dogs shall cause the dog to be registered, numbered, described and licensed each year.  All dogs must be vaccinated against rabies.

2. The annual fee in the Town of Ayer shall be:  Female/Male - $10.00; Spayed Female/Neutered Male - $6.00.  Dogs for which it can be verified by a veterinarian in writing that they cannot be spayed or neutered due to severe medical reasons, shall pay the same fee as spayed or neutered dogs.)  A valid rabies certificate must be presented each time a dog is licensed.  Kennel (1-4 dogs) $25.00.  Kennel (5-10 dogs) $50.00; Kennel (over 10 dogs) $75.00.

3.   Any person or entity who fails to register and license their dog each year by the last day of March in the Town of Ayer, and pay the fees and charges under any and all applicable ordinances, by-laws or regulations adopted/observed by the Town of Ayer will be required to pay to the Town a late fee, in the amount of $10.00.  Anyone acquiring a dog six months of age or older, after that date shall have thirty (30) days from the date the dog was received to register and license the dog or be subject to the late fee of $10.00.

Voted May 19, 1998

4.    The owner or any person having the care, custody or control of a dog shall remove forthwith any excrement deposited by said dog and properly dispose of same in a trash container.  This section  shall apply to excrement left by a dog on public sidewalks. public streets or roadways. public parks, recreational fields and on the property other than the dog owners.  

Appoved by Atty Gen   2007



ARTICLE XXXIV - LOITERING BY-LAW
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 nor shall any persons on such a street, sidewalk or public place, after being directed by a police officer to move on and disperse, on a same or subsequent day, reassemble to loiter or remain so as to obstruct the free passage of travelers or motor vehicles; provided, that nothing herein contained shall be construed to deny the right of peaceful picketing.

It shall be the duty of any police officer of the town to order any person offending against the provisions of this section to move on and disperse and if the persons so ordered or requested do no forthwith obey, to move them, or to arrest and cause them to be brought before the justice of the district court, and a complaint to be made against the provisions of this section.

Whover violates the provisions of the bylaw shall be punished by a fine not to exceed $100.00.


ARTICLE XXXV - TANKS FOR STORAGE OF FLUID
TANKS FOR STORAGE OF FLUID

No persons, firm, association, company or corporation shall construct, maintain or use any underground fluid storage tank or container of any capacity for the storage of any fluid other than water or tanks installed under the Commonwealth of Massachusetts Department of Environmental Quality Engineering State Environmental Code "Title 5 - Minimum Requirements for the Subsurface Disposal of Sanitary Sewage", unless the same is installed in a water tight, reinforced concrete vault or double-walled coated steel tank or double-walled fiberglass reinforced plastic (FRP) tank.

The design and construction of the vault and/or tank shall be such that it will allow access to the tank or container for an annual inspection in accordance with the provision of Chapter 148 of the General Laws of the Commonwealth of Massachusetts and for the detection of any fluid leaking from the tank or container or any water infiltrating or inflowing into the tank or container installation shall be designed and constructed under the supervision of a Registered Professional Engineer, certified by the Commonwealth of Massachusetts.  The plans, specifications and
installation of both the tank or container and the vault shall be approved by both the Fire Department and the Department of Public Works.

This by-law shall not apply to existing tanks or containers now used for the storage of any fluid, unless the Commonwealth of Massachusetts shall determine that the continued use of the same shall constitute a hazard, or if the tank or container is replaced or relocated or until July 1, of the year 2005.

May 28, 1985




ARTICLE XXXV-A - REMOVAL OF POLES AND UNDERGROUND WIRES
Section 1.

Utility poles, overhead wires and associated overhead structures which are located upon, along, or across West Main street commencing at the intersection of Main St., Park St., Mill St., and West Main St., and running in a westerly direction and terminating 200 feet west of the intersection of West Main St. and Mechanic St., with the exception of   the overhead wires and associated overhead structures which cross West Main St., at the Greenville Branch,  M.B.T.A. Railroad bridge. Utility pole #5, West Main St. which supports the Greenville Branch overhead wires and associated overhead structures will be required to be relocated approximately 20 feet to the south of the railroad bridge abutment on the Greenville branch right-of-way.

The Utility in providing replacement facilities for any poles and overhead wires and associated overhead structures required to be removed shall install customer's service facilities.

Customer's service facilities shall be relocated to the weather heads, meter or interface or location on or in the building being serviced at which point the utilities are connected at the time that utility is relocating the service from overhead to an underground utility service, at no cost to the customers.

Any sums expended by any Utility in installing such customer's service facilities in compliance with this By-Law shall be deemed to have been expended in carrying out the plan for such utility, referred to in Massachusetts General Laws, Chapter 166, Section 22D for the removal of such poles and overhead wires and associated overhead structures, and for their replacement by underground facilities.

Approved by the Atty.  General on September 21, 1987



Approved by the Atty. General on September 21, 1987
ARTICLE XXXVI - VEHICLES, UNREGISTERED OR DISABLED, DISMANTLED OR IN-OPERATIVE OR ABANDONED
I.   STORAGE RESTRICTIONS
II.  PERMIT AUTHORITY
III. PERMIT CONDITIONS
IV.  SCOPE OF PERMIT
V.   EXCEPTIONS
VI.  ENFORCEMENT
VII. VIOLATIONS AND PENALTIES

I.   STORAGE RESTRICTIONS:

A.  Except as may be provided herein, not more than one (1) unregistered Motor Vehicle shall be placed, stored or kept on property, except in case of auto dealers holding a First or Second Class License or otherwise granted by Board of Selectmen.

B.  No unregistered Motor Vehicle shall be stored, placed or kept on a "paper street", or a private vehicle.

C.  All privately owned unregistered Motor Vehicles shall be stored, placed and kept on private property.

II.  PERMIT AUTHORITY:

Subject to the conditions herein set forth, the Board of Selectmen may issue a permit authorizing an applicant to place, store or keep more than one (1) such Motor Vehicle on such property.

III.  PERMIT CONDITIONS:

To see if the Town will vote to add to Article 36 of the Town of Ayer By-Laws to read as follows:

A.  Hold a Public Hearing on the application therefore (14) days notice of the time, place and subject matter of which has been given at the expense of the applicant by publication in the newspaper of general circulation in the Town and by registered or certified mail to the last known address of all owners of land abutting upon the property in question as appearing upon the Assessors most recent Tax List.
B. Determine that the presence of more than one (1) such Motor Vehicle on such property will not constitute a danger to the safety and welfare of the inhabitants of the Town and will not create or continue a condition detrimental and injurious to the neighborhood in which the property in question is located.



IV. SCOPE OF PERMIT:

Each such permit that may be issued by said Board shall:

A. Be issued as a personal privilege of the applicant and not as a grant attached to and running with the land.

B. Include a reasonable time limit, but not for a period longer than five (5) years.

C. Specify a location on the property where such Motor Vehicle or Vehicles will not be exposed to the view of abutting residents or the general public.

V.    EXCEPTIONS:

This By-Law does not apply to:

A. Motor Vehicles in enclosed buildings

B. Motor Vehicles on property where the principal use is a farm, garden or nursery use, provided that such Motor Vehicle is necessary to the operation of such farm, garden or nursery use.

VI    ENFORCEMENT:

The enforcing authority under this By-Law shall be the Building Commissioner.

VII. VIOLATIONS AND PENALTIES:

The enforcing authority shall give written notice of any violation of this By-Law to the person committing the violation.    Thirty (30) days after receipt of such notice of violation, the person receiving the notice shall be liable to a penalty of not more than fifty dollars (50.00) for each separate offense.  Each day of continuing violation shall constitute separate offense.



ARTICLE XXXVII - REGULATION GOVERNING ENFORCEMENT OF TOWN BYLAWS UNDER THE NON-CRIMINAL DISPOSITION OF VIOLATIONS OF BY-LAW XXXVI
Acting under the authority granted by the Town Bylaw (non-criminal disposition of bylaws) adopted under 1988 Annual Town Meeting and by Chapter 40 Section 210 of the General Laws, the Board of Selectmen hereby adopt the following regulations:

Section 1 Notice Form - The Chief of Police shall establish the form of notice to be utilized by enforcement personnel.

Section 2 Enforcement of By-Laws - The Non-Criminal Notice Form at the discretion of the enforcing agent, may be utilized as an alternative to initiating criminal proceedings for violations of any Town By-Laws or any rule or regulation of any Town officer, Board or Department, the violation of which is subject to a specific penalty and which is included in Appendix A.

Section 3  Enforcing Agent - "The Enforcing Agent" shall be as previously designated by the Board of Selectmen and as listed in Appendix A.

Section 4  Severability of Provisions - The Provisions of this regulation shall be deemed severable; and in case any section, paragraph or part of this regulation shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair the validity of any other section, paragraph or part of this regulation.

Section 5   Proceedings - Proceedings held pursuant to Article and Section 210 shall not be deemed to be criminal proceedings nor shall a conviction for such a violation be shown to affect the credibility of a witness.

Section 6   Effective Date - This regulation shall be effective upon approval by the Attorney General of the Commonwealth of Massachusetts.


APPENDIX A

I. Junk Dealers and Collectors Article VII
Fine Allowed: $20.00
Enforcement Agent: Building Commissioner
Fine: lst and each successive offense $20.00

2. Trailers Article XII
Fine Allowed: $100.00
Enforcement Agent: Building Commissioner
Fine: lst and each successive offense $100.00


3. Removal of Earth in the Town of Ayer Article XVIII
Fine Allowed: $100.00
Enforcement Agent: Building Commissioner
Fine: lst and each successive offense $100.00

4. Zoning By-Law Article XIX
Fine Allowed: $20.00 up to $100.00
Enforcement Agent: Building Commissioner
Fine:    1st and each successive offense $20.00 up to $100.00

5. Private Swimming Pools Article XXIX
Fine Allowed: $50.00
Enforcement Agent: Building Commissioner
Fine: lst and each successive offense $50.00

6. Flood Plain District Article XXXI
Fine Allowed: $20.00 up to $100.00
Enforcement Agent: Building Commissioner
Fine:    lst and each successive offense $20.00 up to $100.00

7. Sign By-Law Article XXXIV
Fine Allowed: $20.00 up to $100-00
Enforcement Agent: Building Commissioner
Fine:    lst and each successive offense $20.00 up to $100.00

8. Vehicles Unregistered, Disabled, Dismantled, In-
operative or Abandoned
Fine Allowed: $50.00
Enforcement Agent: Building Commissioner and Police Department.
Fine: lst and successive offense $50.00

9. Nuisance By-Law XL
Fine Allowed: $200. to $300.
Enforcement Agent: Boards of Health, Nashoba Associated
Boards of Health, Police Department and Building Commissioner.

10. Noise By-Law XXXIX
Fine Allowed: $200. to $300.
Enforcement Agent: Building Commissioner, Police Department and Board of Health.

11. Regulation of sewer use
Fine allowed            up to $300.
Enforcement Agent:      The Director of Public Works or a Town
Police Officer
Fine: Any person who violates any provision of town’s sewer use regulations adopted  pursuant to MGL C83, Sec. 10 shall be subject to a fine in the amount up to $300.  for each offense.  Each day
12. Regulation of dog bylaw
Fine allowed            $15.00
Enforcement Agent       Police Officer and/or Animal Control Officer

Approved by AG  Dec 17, 2007

or portion thereof shall constitute a separate offense.  Each violation shall constitute a separate offense.
                                        #11     Approved by Atty Gen  Aug. 25, 1998

APPROVED BY THE ATTORNEY GENERAL ON SEPTEMBER 18, 1989

12.     NPDES Phase II Stormwater Bylaw – Article XLVII
Fine Allowed:  $100 to $300
Enforcement Agent:  Building Department
Fine:  1st offense $100, 2nd offense $200, 3rd and each subsequent offense $300

13.     Illicit Discharges to the Municipal Storm Drain System Bylaw–Article XLVIII
Fine Allowed:  $100 to $300
Enforcement Agent:  Department of Public Works Superintendent
Fine:  1st offense $100, 2nd offense $200, 3rd and each subsequent offense $300




ARTICLE XXXVIII - SITE PLAN APPROVAL BYLAW
See zoning by laws


ARTICLE XXXVIII-A - CONSULTANT BY-LAW
The Town of Ayer shall have the right to charge any applicant or proponent of any project which requires the approval of a local board, official, or agency of the Town of Ayer pursuant to federal, state, or local laws or regulations, and which involves the construction, replacement, reconstruction, conversion, expansion or demolition of structures or facilities and which said final project:

(1) will generate more than 300 additional vehicle trips per day in the Town of Ayer, i.e. , either the trips start in the Town of Ayer or end in the Town of Ayer; or

(2) will constitute a residential development of more than 50 dwelling units; or

(3) will constitute a non-residential structure having greater than 25,000 square feet or more gross interior space or having more than 150 parking spaces; or

(4) Will constitute a non-residential structure having greater than 250,000 cubic feet interior space; or

(5) will have a total project cost of Two Million ($2,000,000) Dollars or greater in 1989 dollars with an escalator tied to the Consumer Price Index for the greater Boston area.   Said base Index will be for the month closest to the effective date of this by-law; a sum equal to the amount deemed by the town to be desirable or necessary to engage consultants, including but not limited to attorneys, engineers, or other consultants to review applications, plans, or other documents, whether technical or not, to ensure compliance with any laws or regulations, and to provide the town or boards with sufficient information to fully evaluate the project for the purpose of making a determination as to approval, modification or disapproval. the payment shall not be made into a revolving account but may either be paid directly to an independent consultant or into the general fund directly,  at the option of the Board of Selectmen of the Town of Ayer.  The fees shall be for various services rendered on behalf of the Town for the consultants, engineers, or attorneys in the review of the applicant process or any other technical data, regulation, or law necessary to review the proposal before the Town of Ayer or any of its boards, officers, elected officials, planning officials or any other individuals who must render any decisions on an application or petition.  Examples of the various services to be rendered will be as follows:  (a) for engineers to review applications, plans and technical data for subdivisions; (b) environmental consultants to review wetland law applicability; (c) attorneys, including Town Counsel, to review contractual obligations between the Town of Ayer or its officials, boards, or agencies and applicants.  These examples are inserted merely for guidance and not to limit this by-law as to the types of petitions or applications that said by-law would apply thereto. The fee shall not apply to facilities and utilities defined as a public work in G.L.c.30, c.39M and G.L.c.149, s.44A.

The specific board, agency, commission or public official who has an application or petition before him or it for review that is governed by this consultant by-law shall make a request to the Board of Selectmen of the Town of Ayer to retain an independent consultant.
The Board of Selectmen of the Town of Ayer shall have the final decision as to the choice of any independent consultants, attorneys or engineers, following recommendation by the application or petitioner from a list of independent consultants, attorneys, or engineers compiled by the Town of Ayer. Said list shall be compiled subject to the requirements of any applicable law including the Town's public bidding by-law.

Voted: October 5,1989
Approved by the ATTORNEY GENERAL January 8, 1990.




ARTICLE XXXIX - NOISE BYLAW
NOISE BYLAW

A. General

(1) No activity shall be permitted in any zoning district within the Town of Ayer unless it can be demonstrated that its operation will be so conducted that the following requirements will be met.  Nothing in this section shall be construed to permit noise in excess of that allowed by any state of federal regulation.

(2) Exceptions.   This regulation shall not apply to the following:

(a) Any activity, except construction, on premises used exclusively for residential and customary accessory purposes.

(b) Any noise produced by equipment used exclusively in the maintenance or repair of buildings or grounds, provided that such equipment is rated at not more than fifteen (15) horsepower.

(c) Any noise produced by a registered motor vehicle, provided that such vehicle is equipped with all noise-suppression devices required for legal operation under such registration by the laws of the Commonwealth.

(d) Human or animal noises unless mechanically or electronically amplified.

(e) Farm equipment.

(f) Any fire or burglar alarm or other emergency signaling device, provided that such device is arranged to shut off automatically after not more than thirty (30) minutes of operation.

(g) Construction equipment between the hours of 7:00 a.m. and 7:00 p.m. only.

(h) Parades, fairs or outdoor entertainment between the hours of 7:00 a.m. and 11:00 p.m. only, provided that a permit for such activity has been granted by the Board of Selectmen and that said permit is for not more than ten (10) days.

(i) Religious services conducted by an organization which qualifies under the laws of the Commonwealth as a tax-exempt religious group.

B. Special Conditions

Exceptions to this section may be made under the following conditions:

(1) A Permit to operate construction equipment outside the hours specified above and in excess of the noise levels specified may be issued upon determination of reasonable necessity by the Building Commissioner.  Such permit shall be valid for not more than twenty-four (24) hours from the time of issue.

(2) Emergency repair due to flood, fire or other catastrophe may be carried out prior to a permit being issued if such work is necessary for the general welfare or to avoid further catastrophe.   Such work must cease, however, upon demand of the enforcing authority.

(3) The enforcing authority may delay enforcement of any provisions of this section for such reasonable time as may be required to modify any equipment which complies with the regulations.

(4) A special permit may be granted for exceptions for the cooperations of equipment which is necessary to the conduct of a business if there is no technically feasible way to perform the operation with equipment which complies with the regulations.

C. Criteria: decibel levels.

(1) Noise levels specified herein shall be sound levels in decibels on the A-scale (dBA) referred to two ten-thousandths (0.0002) dynes per square centimeter as measured by a sound-level meter manufactured in conformance with the American National Standards Institute Standard S 1.4-1971, Type 2, the DEQE Noise Guidelines and the community sound level criteria.

(2) Readings shall be taken using the fast-response setting of the meter, except that, when the fluctuations are so rapid as to make reading difficult, the slow-response setting may be used.

(3) The measured sound level shall be the average readings for fluctuations less than six (6) decibels and three (3) decibels less than the maximum for fluctuations greater than six (6) decibels.  In taking these readings, infrequent peaks shall be ignored, except in the case of impulsive or sporadic noise of which they are a significant component.

(4) For the purposes of this section, "day" shall be defined as the hours between 7:00 a.m. and 9:00 p.m. on all days except Sundays and legal holidays, and between 12:00 noon and 9:00 p.m. on Sundays and legal holidays.  Night requirements shall apply at all other times.

(5) The maximum allowable sound levels for continuous noise in each district shall be as follows:


Day
Night
District
(decibels)
(decibels)
Residential
42
32
Business
50
40
Industrial
60
50


All sound levels will be in accordance with DEQE Noise Guidelines and the community sound level criteria.
(6) The maximum allowable sound levels for noise other than continuous shall be related to the allowable levels for continuous noise as follows:

Type
Decibel
Dominant tone
5 less
Impulsive
5 less
Sporadic
10 more

(7) Notwithstanding any other provision of this section, it shall be unlawful to produce any noise other than sporadic noise in excess of ninety (90) decibels at any property line or street line.

D. Location of measurements.

Noise measurements shall be made at the property line or street line.

(1) Noise requirements at any property or street line shall be those of the zoning district in which the property line lies, regardless of the location of the source of the noise.

(2) When a property line is also a Town of Ayer zoning district boundary, the requirements shall be those of the district on the opposite side of the line from the source of the noise.  When a street line is the zoning district boundary and the noise source is in the less restrictive zone, the noise level shall be measured at the street line of the property in the more restrictive zone.

E. Types of noise or vibration.

For the purposes of this section, types of noise are defined as follows:

CONTINUOUS NOISE - Noise which has no noticeable dominant frequency and which does not vary in sound level enough to be defined as sporadic or impulsive noise.

DOMINANT TONE NOISE - Noise which has a single dominant frequency which, in the opinion of the enforcing authority, is more objectionable than a continuous noise of the same sound level.

IMPULSIVE NOISE - Noise of repetitive character which varies more than five (5) decibels more frequently than sporadic noise.

SPORADIC NOISE - Noise which persists one (1) minute or less and occurs less than five (5) times in any fifteen-minute period and less than ten (10) times in any one-hour period.

VIBRATION - Any movement of earth, ground or other similar surface created by temporal and spatial oscillation of displacement, velocity or acceleration in any mechanical device or equipment located upon, attached, affixed or in conjunction with that surface.

F. Evidence of future compliance.

The Building Commissioner may require that an applicant for a facility whose future compliance with performance standard in this chapter is questionable furnish evidence of probable compliance, whether by example of similar facilities or by engineering analysis.   Issuance of a permit on the basis of that evidence shall certify the Town's acceptance of the conformity of the basic structure and equipment, but future equipment changes and operating procedures must be such as to also comply with these standards.

G. Enforcement authority.

(1) This Bylaw XXXIX shall be enforced by the Building Commissioner, Police Department, and the Board of Health.

H. Enforcement Actions: violations and penalties.

(1) The Building Commissioner shall take such action as may be necessary to enforce full compliance with the provisions of the Bylaw, and of permits and special permits issued hereunder, including notification of noncompliance. And request for legal action through the Selectmen to the Town Counsel. Any person violating any provision of this Bylaw, any of the conditions under which a permit is issued or any decision rendered by the Board of Appeals, may be fined not less than Two Hundred dollars ($200.00) and not more thar Three Hundred dollars ($300.00) for each offense.  Each day that such violation continues shall constitute a separate offense.

I. The Zoning Board of Appeals shall be the special Permit Granting Authority.  The ZBA shall issue special permits and hear all appeals in accordance with Town of Ayer Zoning Bylaws and Chapter 40A Massachusetts General Laws, as amended.

J.  Be it unlawful within the Town of Ayer to use an engine braking system on all motor vehicles except fire trucks and any emergency vehicles; with signs to be posted at all entry roads into Town of Ayer and worded: Attention Truckers, Use of engine brakes within town limits prohibited, punishable by a $250.00 fine.
                                                                October 25, 2004        
                                Approved by Attorney General on Dec. 7, 2004
        

Approved by the Attorney General on September 18, 1989.





ARTICLE XL - NUISANCES
I. SECTION 1.  
No person shall place or cause to be placed in any public place, street, or private way, or in any running stream, pond, or body of water, and shall not keep or store on private property, in open view, dirt, rubbish, or other materials tending to cause obstruction nor deposit ashes, garbage, waste paper, carrion, filth or offal, except in such places as shall be permitted by the Board of Health, under penalty of not less than two (2) hundred dollars ($200.00) nor more than three (3) hundred dollars ($300.00) fine.

SECTION 2.
No person shall construct or maintain any drain of conduit carrying polluted water from any house, shop, or other building, or from any vault, cesspool, cistern, to or upon any street or way so as to discharge water or other matter in or upon any such street, or way except when permitted in writing to do so by the Board of Health, under a penalty not less than two (2) hundred dollars ($200.00) nor more than three (3) hundred dollars $300.00) fine.

SECTION 3.
Exemption:  Washing of automotive vehicles, watering lawns, washing and cleaning of household items, tables, chairs, etc. and other items are exempt from this by-law.

SECTION 4.
Who ever violates the provisions of the proceeding Sections and suffers the material so placed by any person in such public places, street, private way or on private property to remain therein, more than twenty-four (24) hours, shall be liable to a like penalty for each additional day thereafter, during which they shall suffer such material to remain in such public place, street, private way or property.

II. ENFORCEMENT

THE ENFORCING AUTHORITY UNDER THIS BY-LAW SHALL BE THE BOARD OF HEALTH, NASHOBA ASSOCIATED BOARDS OF HEALTH, POLICE DEPARTMENT,AND THE BUILDING COMMISSIONER.

Approved by the Attorney General September 18, 1989.



ARTICLE XLI - AUTOMATIC FIRE ALARM SYSTEMS
AUTOMATIC FIRE ALARM SYSTEMS

SECTION 1 - AUTOMATIC FIRE ALARM SYSTEMS:

The Town of Ayer By-laws are hereby amended by adding the following By-law to be entitled "Automatic Fire Alarm Systems. 11

SECTION 2 - DEFINITIONS:

When used in this By-law, unless a contrary intention clearly appears, the following words shall have the following meanings:

A.  "Automatic   Fire Alarm System":  An electronically activated, heat  activated, smoke activated, flame-energy-activated, or   other such automatic device capable of transmitting an  alarm signal to the Ayer Fire Department (AFD) by way of municipal master fire alarm box for the purpose of providing a fire alarm signal to the fire department.

B.  "Alarm System Malfunctionn: The transmittal of an alarm signal to the AFD by way of a municipal master fire alarm box, through a central operating system, or by other automatic means, which alarm signal is caused by improper installation of an alarm system, a mechanically defective alarm system, lack of maintenance or some other reason that causes a fire alarm to sound even though there is no actual fire or situation that could reasonably evolve into a fire.

C.  "Alarm System Owner": An individual or entity who owns the title to and/or has on his business or residential premises an alarm system capable of sending a fire alarm signal to the AFD by way of a master box.

D.   "Fire Chief": The Chief of the Ayer Fire Department.

E.   "Municipal Master Fire Alarm Box" (Master Box): Control, equipment or device which enables an individual or entity who has on his business premises a fire alarm system to send a signal directly to the AFD.

SECTION 3 - CONNECTION OF THE ALARM SYSTEMS TO THE MUNICIPAL
DEPARTMENT SYSTEM

A.  Every alarm system owner whose alarm system is connected to the AFD by means of a master box prior to the effective date of this By-law shall pay the following fees:

Annual Fee: Two Hundred ($200.00) Dollars

B.  An alarm system owner whose alarm system is connected after the effective date of this By-law to the AFD by way of a master box shall pay the following fees:

Connection Fee: One Hundred ($100.00) Dollars
Annual Fee:      Two Hundred ($200.00) Dollars

C.  Before any alarm system is connected to the AFD, the alarm system owner shall provide the Fire Chief with the following information:

(a)  The name, address, and home and work telephone numbers of the alarm system owner;

(b)  The street address where the alarm system and master box is located and the name and address of the building owner;

(c)  The names, addresses, and telephone numbers of the persons or businesses to be protected by the alarm system connected to the master box;

(d)  The names, addresses, home and. work telephone numbers of at least two (2) persons other than the alarm system owner who can be contacted twenty-four (24) hours a day, who are authorized by the alarm system owner to respond to an alarm signal and to have access to the premises in which the system is located; and

(e) Such other information as the Fire Chief may require.

If at the passage of this By-law an alarm system has already been connected to the AFD by way of a master box, the alarm system owner shall comply with the requirements of this section within sixty (60) days after the AFD has sent notice by first class mail of the requirements of this section.

If an alarm system owner fails to comply with this section, the Department Chief may assess a fine of Fifty ($50.00) Dollars for each day of non compliance.

D.   Private alarm systems connected to the AFD by other automatic means or through a central operating system such as a company equipped to receive an alarm signal for each of its customers which then transmits to the AFD the location of such alarm shall not be subject to the provisions of this section, but shall be subject to all other sections of this By-law.

SECTION 4 - UPDATING INFORMATION:

Every Alarm System owner shall be responsible for updating the information herein required to be provided to the Fire Chief.   If the information provided should change, the alarm system owner shall provide the Fire Department with the updated information and shall pay the fee, if any, required by this By-law.

SECTION 5 - ALARM SYSTEM MALFUNCTIONS - FINES:

If there is an alarm system malfunction, as defined herein, the Fire Chief may assess a fine against the building owner for each malfunction per fiscal year according to the following schedule.

A.   The first (lst) through third (3rd) malfunction: no charge.  Upon recording of the third charge (3rd) false alarm by the Department, the Fire Chief shall notify the owner of the building, in writing and by certified mail, of such fact, and at this time inform the owner of the Department's policy with regard to charging for false alarms.

The fourth (4th) through sixth (6th) malfunction: One (1) Hundred ($100.00) Dollars.

The seventh (7th) through eleventh (llth) malfunction: Two Hundred ($200.00) Dollars.

Each malfunction after the eleventh (llth):  Three hundred ($300.00) Dollars.

B.   Any false alarm which is the result of the failure of the alarm system owner, building owner, occupant or their authorized agents to notify the Fire Department of the repair, maintenance or testing of the internal alarm system within the protected premises, shall cause a penalty to be assessed in accordance with subparagraph A of this section.

C.  For the purpose of this By-law, a false alarm shall be defined as follows:

(1) The action by an alarm system owner or an owner, employee, agent, or occupant of the protected premises, or a contractor employed by the owner or the occupant, causing an accidental activation of the internal fire alarm system.

(2) The operation of a faulty alarm system (including but no limited to faulty control panel or associated equipment), an accidental operation of an automatic sprinkler system or water pressure surge in automatic sprinkler equipment.

D.  Property owners will be billed once a month for the previous months malfunction activity.  All fines assessed shall be paid to the Town treasurer for deposit in the Town's General Fund.

E.  If the bill to the building owner is not paid within thirty (30) days, a second notice will be sent forthwith.  If the second bill is not paid after the expiration of another thirty (30) day period, a final notice will be sent informing the building owner and/or occupant that the alarm system will be disconnected from the master box and the insurance company will be notified.

SECTION 6 - RESTRICTIONS ON TAPE DIALERS AND SIMILAR
AUTOMATIC TELEPHONE DEVICES:

No alarm system shall be equipped with a tape dialer or similar automatic telephone system which will transmit an alarm message to any telephone lines of the AFD.

If at the passage of this By-law, an alarm system is equipped with such a tape dialer or similar automatic telephone device, the alarm system owner shall have sixty (60) days from the passage of this By-law to disconnect such tape dialer or similar automatic telephone device.    If an alarm system owner fails to comply with this section, the Fire Chief may assess a fine of fifty ($50.00) dollars.

SECTION 7 - APPEAL PROCEDURE:

Any alarm system owner or building owner who is aggrieved by an action taken by the Fire Chief under this By-law may, within ten (10) days from such action, file an appeal, in writing, to the Board of Selectmen of the Town of Ayer.    After notice, the Board shall hold a hearing, after which it shall issue a decision in which it affirms, annuls or modifies the action taken by the Fire Chief giving its reasons therefore.

The Board shall send its decision to the owner by first class mail within ten (10) days after the hearing.   The decision of the Board shall be a final administrative decision.   The owner shall have thirty (30) days from the date of the written decision to seek a judicial review in the Middlesex County Superior Court.

SECTION 8 - REGULATIONS AND ENFORCEMENT:

The Fire Chief may promulgate such regulations as may be necessary to implement this By-law.  The Fire Chief is authorized to pursue such legal action as may be necessary to enforce this By-law.

SECTION 9 - DEPOSIT IN THE GENERAL FUND:

All fines assessed herein shall be payable to the Town of Ayer for deposit in the General Fund.

SECTION 10 - SEVERABILITY/LIABILITY:

The provisions of the By-law shall be deemed to be severable, and if any of its provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not effect or impair any or the remaining provisions.

The Town of Ayer shall be under no duty or obligation to maintain any specialized equipment or communication system for the monitoring of fire alarm systems.  The installation and maintenance of automatic fire alarm systems permitted by this By-law shall be made at no cost to the Town of Ayer.

No liability whatsoever is assumed by the Town of Ayer for the failure of such fire alarm system or monitoring facilities or for non failure to respond to fire alarms, or for any other act or omission in connection with such fire alarm systems.  Each fire alarm system owner shall be deemed to hold and save harmless the Town of Ayer, its departments, officers, agents and employees for liability in connection with the owner's fire alarm system, take any action thereon or in relation thereto.

Approved by the Attorney General
January 7, 1992



ARTICLE XLII - AN ACT RELATIVE TO THE GRANTING OR RENEWING OF CERTAIN LICENSES AND PERMITS IN CITIES AND TOWNS
To see if the Town will vote to adopt Massachusetts General Laws Chapter 40, Section 57 as amended, "An Act Relative To The Granting Of Certain Licenses And Permits In Cities And Towns" to read as follows:

Chapter 40 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by adding the following section:

Section 57.  Any City and Town which accepts the provisions of this section may by By-law or ordinance deny any application for, or revoke or suspend any local license or permit including renewals and transfer issued by any board, officer, department for any person, corporation or business enterprise who has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges.  Such By-law or ordinance shall provide that:

(a)  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 issued licenses or permits including renewals and transfers, a list of any person, 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 or such tax or a pending petition before the appellate tax board.

(b) 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 suspension.    Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the licensing authority receives a certificate issued by the tax collection 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.

(c) Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations 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 is required by applicable provisions of law.

(d) The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in section one of Chapter Two Hundred and Sixty Eight (268) 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 Eighty-Five; sales of articles for charitable purposes, Section Thirty-Three of Chapter One Hundred One; children work permits, Section Sixty-Nine of Chapter One Hundred Forty-Nine; clubs, associations dispensing food or beverage licenses, Section Twenty-One E of Chapter one Hundred Forty; dog licenses, Section One Hundred Thirty-Seven of Chapter One Hundred Forty; fishing, hunting, trapping license, Section Twelve of Chapter One Hundred Thirty-one; marriage licenses, Section Twenty-Eight of Chapter Two Hundred Seven and theatrical events, public exhibition permits, Section One Hundred Eighty-One of Chapter One Hundred Forty.

A city or town may exclude any local license or permit from this section by By-law or ordinance.

Approved by the Attorney General January 7, 1992



ARTICLE XLIV - HOUSE NUMBERING BY-LAW
HOUSE NUMBERING BY-LAW

SECTION 1.

All houses, businesses, and structures shall properly display at the front thereof, in a position easily observed from the street on a year round basis, the proper number of the building assigned by the Town.

SECTION 2.

In cases where a house, business or structure is not visible from the street or the distance is too great for a reasonable size number to be easily observed from the street, a sign, no larger than eight (8) inches by twelve (12) inches shall be posted at the driveway connection designating the proper house, business or structure number posted in such a way as to be seen by oncoming emergency vehicles. This sign may be substituted with a number on a mailbox in such a way as to be seen by oncoming emergency vehicles as long as that mailbox is located within twenty (20) feet of the driveway connection designating the proper house.

SECTION 3.

In cases where more than one house, business, or structure shares a common driveway, and the buildings are not visible from the street, or the distance is too great for a reasonable size number to be easily observed from the street year round, a sign no larger than eight (8) inches by twelve (12) inches shall be posted at the driveway connection in such a way as to be seen by oncoming emergency vehicles. The sign shall designate the range of numbers for which the driveway services.  Each driveway branching off the common driveway shall post aa sign no larger than eight (8) inches by twelve (12) inches designating the number of that building as
to be seen by oncoming emergency vehicles.

SECTION 4.

Each figure shall be at least three (3) inches in height and three-fourth (3/4) inches in width. There shall be no more that two (2) inches between the numbers. Said numbers shall contrast with their background

SECTION 5.

In cases where a house, business, or structure remains unnumbered or where it may have been numbered and the number has since been lost or destroyed or defaced as to be illegible, the owner, agent or the person as herein provided, shall cause said house, business, or structure to be number within twenty (20) days after official notification, in writing, by the Building commissioner.



SECTION 6.

Any violation of this By-law will result in a fine of not more than $10.00 per day.    No permit of any other kind (i.e. building, electrical, etc.) shall be issued by the Town if a house, business, or structure is in violation.

SECTION 7.

It shall be the duty of the Building commissioner to assign all house numbers and be responsible for the enforcement of these By-laws, take any action thereon or in relation thereto.


APPROVED BY THE ATTORNEY GENERAL SEPTEMBER 9, 1992



ARTICLE XLIII - BURGLAR ALARM SYSTEM
Registration and Regulations

BURGLAR ALARM SYSTEMS

Registration and Regulations

A.    DEFINITIONS:    For the purpose of this By-law the following terms, phrases, words and their derivations shall have the meanings given herein, when not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number.  The word "shall" is always mandatory and not merely directory.

1. The terms "Alarm System" means an assembly or equipment and devices or a single device such as a solid state unit which plugs directly into a 110 volt AC line, arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond.  Fire alarm systems and alarm systems which monitor temperature, smoke, humidity or any other condition not directly related to the detection of an unauthorized intrusion into premises or an attempted robbery at a premise are specifically excluded from the provisions of this By-law.

The  provisions of 3B penalties of this By-law shall not apply to any Town Governmental Agency.

2.  The term "False Alarm" means:
(a)  The activation of an alarm system through mechanical failure, malfunction, improper installation or negligence of the user of an alarm system or his employees or agents.

(b)  Any signal or oral communication transmitted to the Police Department requesting or requiring or resulting in a response on the part of the Police Department when in fact there has been no
unauthorized intrusion, robbery or burglary, or attempted threat.       For the purposes or this definition, activation of alarm systems by acts of God, including but not limited to, power outages,
hurricanes, tornadoes, earthquakes, and similar weather or atmospheric disturbances shall not be deemed to be a false alarm.

3. The Term: Automatic dialing devices-interconnection to the Ayer Police Department means:

(a) No automatic dialing device shall be interconnected to any telephone numbers at the Police Department after the effective date of this By-law UNLESS SUCH DEVICE IS APPROVED BY THE POLICE DEPARTMENT IN ADVANCE OF INTERCONNECTION.

(b)  Within six (6) months after the effective date of this By-law, all automatic dialing devices interconnected to any telephone numbers at the Police Department shall be disconnected therefrom.
The user of each device shall be responsible for having the device disconnected upon notification by the Police Chief and/or his designee.

B. CONTROL AND CONTAINMENT OF SIGNALS EMITTED BY ALARM SYSTEMS:

1.  Every Alarm user shall submit to the Police Chief and/or his designee the names and telephone numbers of his residence and place of employment, and at least two other persons who are authorized to respond to an emergency signal transmitted by an alarm system and who can open the premises wherein the alarm system is installed.  The alarm user will be responsible to keep
this information current and updated.

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

3.   Any alarm system emitting a continuous and uninterrupted signal for more than ten (10) minutes which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by him under paragraph (1) of this section and which disturbs the peace, comfort or repose of a community, a neighborhood, or a considerable number of inhabitants of the area where the system is located, shall constitute a public nuisance. upon receiving complaints regarding such continuous and uninterrupted signal, the Police Chief and/or his designee shall endeavor to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user under paragraph (1) of this section in an effort to abate the nuisance. The Police Chief and/or his designee shall cause to be recorded the names and addresses of all shall cause to be recorded the names and addresses of all complaints and the time each complaint was made.

C. PENALTIES

1.  Upon receipt of one through three or more false alarms within a calendar year, the Police Chief and/or his designee may:

A.    Send a letter of warning

B.    The user shall be assessed fifty ($50.00) dollars as a false alarm service fee for each false alarm in excess of three (3) occurring within a calendar year.  All fees assessed hereunder shall be paid to the Town of Ayer c/o the Town Treasurer.

C.    ANY FALSE ALARMS OVER (5)
(a)  order the user to discontinue the use of the alarm.
(b)  Disconnect any direct connection to the Police Department.
(c)  Order that further connections to the communications console in the Police Department will be contingent upon the user equipping any alarm system with a device that will shut off any audible horn or bell, within ten (10) minutes after activation of the alarm system.

D.    LIMITATION OF LIABILITY
Neither the Town of Ayer nor any of its officers shall be under any obligation or duty to an alarm user, or to any person hereunder, by reason of this By-law. the Town of Ayer specifically disclaims liability for any damages which may be caused by failure to respond to an alarm, take any action thereon or in relation thereto.

APPROVED BY THE ATTORNEY GENERAL SEPTEMBER 9, 1998



ARTICLE XLV - STREET OPENING AND DRIVEWAY/ACCESSWAY PERMITS
Section 1: Street Opening Permits:

Section 1: Street Opening Permits:

A.  Permit Required:

(1).  No person shall perform any work requiring the opening of the road surface of a public way, way approved pursuant to subdivision control procedures, or any existing way which the Town is obligated to maintain, without first obtaining a street opening permit as herein provided.

(2).  At least thirty (30) days prior to any construction requiring the opening of such a road surface, the person or entity seeking to open the road, either directly or through his contractor, shall make written application to the Board of Selectmen for a permit authorizing such work.  The Board of Selectmen shall issue, issue subject to reasonable conditions, or deny a permit within thirty (30) days of submission of such application. Prior to the issuance of any such permit, each application shall be referred to the Superintendent of the Department of Public Works, the Town Engineer, and where required pursuant to the General Laws or the by-laws of the Town of Ayer, to the Conservation Commission, for review and recommendation.
(3). Every permit application shall be accompanied by a $25.00 application fee.  Before a permit is issued, the permittee shall provide the Town with an insurance certificate, acceptable to the Town, indicating the following minimum coverages: workers’ compensation in statutory amounts, general liability of at least $100,000.00 per occurrence, $300,000.00 aggregate for personal injury, including death, and $100,000.00 property damage, and automobile liability of at least $300,000.00/$500,000.00.   Such insurance (except workers’ compensation) shall name the Town of Ayer as an additional insured and shall provide for at least fifteen (15) days written notice of cancellation or modification.

(4).  Every person, either directly or in the name of the contractor performing work pursuant to a street opening permit, shall provide the Town with a performance bond for $2,000.00 to secure the restoration of the road surface to at least the condition prior to such opening.

(5).  A public utility subject to G.L. c. 164 shall obtain a street opening permit and pay the application fee therefore provided above, but shall not be subject to the remaining provisions of this bylaw with respect to insurance, performance security or the methods and materials utilized for restoration of roadways.  

B.  General Requirements:

(1). No excavation pursuant to a street opening permit shall be made without the permittee or its contractor providing at least seventy-two hours notice, exclusive of Saturdays, Sundays and legal holidays, to such natural gas pipeline companies, public utility companies, cable television companies and town utility departments as required by G.L. c. 82, §40, or any other applicable general or special law.
(2). The permittee shall take appropriate measures to assure that during the performance of any excavation normal traffic conditions shall be maintained, as far as practicable, so as to cause as little inconvenience as possible to abutting property owners and the general public.  When the Board of Selectmen deems it necessary in the interest of public safety, any permit may require the permittee to engage a policeman or policemen, at the permittee’s expense, to maintain traffic control during the construction.

(3).  No street opening permit shall be issued for work to be performed between November 15 and April 1, except in an emergency which would endanger the health or safety of people or of property.  The person performing any such emergency work shall notify the Department of Public Works, the Police Department and Fire Department at the start of the emergency work.  To the extent practicable, emergency work shall conform to the guidelines and specifications of this bylaw.  

(4). Construction or excavation work pursuant to a street opening permit shall not be performed on Saturdays, Sundays or legal holidays, except in an emergency which would endanger the health or safety of people or of property. The person performing any such emergency work shall notify the Department of Public Works, the Police Department and Fire Department at the start of the emergency work.  To the extent practicable, emergency work shall conform to the guidelines and specifications of this bylaw.    

(5).  Unless otherwise specified herein, all construction pursuant to a street opening permit shall conform to Massachusetts Highway Standards, as amended from time to time, which shall be deemed to be incorporated herein.

(6).  All construction pursuant to a street opening permit shall be inspected by the Superintendent of Public Works, or his designated inspector, and approved prior to any backfilling of trenches.  If any work is deemed unacceptable by the Superintendent or designated inspector, the contractor shall immediately correct the deficiencies at his own expense.  If any trench is backfilled prior to such inspection and approval, the Superintendent or designated inspector may require the contractor to uncover the work at his own expense.  If a contractor fails to perform any remedial work required by the Superintendent or designated inspector, his bond may be called to perform the necessary repairs.

 (7).   If the street opening involves the installation of a water, sewer or drainage main, the contractor shall obtain an approved Water and Sewer clearance plan, and shall submit such plan as part of the street opening permit application required herein prior to the issuance of any such permit.  At the conclusion of construction, the contractor shall provide the Superintendent with as-built plans of any water, sewer or drainage main installation.  Any such as-built plan shall be prepared and stamped by a registered professional engineer.

C.  Excavation of Surfacing Material and Trenches.

(1). When an excavation is to be made in a paved surface, the pavement shall be cut with pneumatic or other approved tools so as to prevent damage to the surrounding surface of the roadway.  The width of the trench shall not exceed the distance of two feet beyond the pipe unless otherwise approved by the Superintendent of Public Works, or other inspector having jurisdiction over the permitted work.  All soil excavated shall be deposited along side the trench in an approved manner and shall not be mixed with other materials at any time.

(2). All excavations shall be made in an approved manner to the established line and grade, without damaging any existing surface or subsurface structures.

(3).  All existing gas pipes, water pipes, sewers, drains, catch basins and manholes shall be fully supported and protected from injury.  In case of damage caused by his action, the contractor shall take immediate steps to insure the safety of persons and property and shall immediately notify the appropriate town inspector or safety personnel.  The contractor shall obtain approval of the method of repair.    If it shall be necessary to change the location of any structure, the contractor shall not proceed or in any way alter or interfere with the structure until he has obtained the approval of the appropriate inspector and the owner of the structure involved.

(4). When making excavations in rock, a minimum of twelve (12) inches of screened gravel shall be placed in the trench prior to the laying of any pipe.  No pipe shall be laid on unexcavated rock under any circumstance.

D.  Backfilling of Pipe Trenches.

(1). The most suitable excavated materials shall be used for backfilling pipe trenches.  No large stones, broken pavement, roots or other debris shall be used in backfilling trenches, and all stones which have rolled near or lodged under the pipe shall be removed.  The material shall be deposited in the trench in an approved manner and shall be thoroughly consolidated by tamping.  Backfilling from the bottom of the trench to a depth of one foot above the pipe shall be done by hand in layers not to exceed four (4) inches in thickness, with thorough tamping between each layer.  Backfilling material in this area shall contain no stones larger that three (3) inches at their greatest dimension.

E.  Restoration of Surface.

(1) The contractor shall replace all surface materials, and shall restore pavement, shrubbery, sod, and other surfaces or structures disturbed to a condition equal to or better than   that existing before the work began.

(2) In restoring pavement surfaces, new pavement shall be required.  Initial temporary patch must be in place and remain for a minimum period of thirty (30) days.  When repairing with permanent patch, the contractor shall first cut back the trench one foot on each side, keeping the sides as square as possible.  The permanent patch shall consist of a rolled two (2) inches of bituminous concrete, type I-1 base and one (1) inch of bituminous concrete, type I top.  Paving of roads shall be permitted only when the temperature is above forty (40) degrees Fahrenheit, and under fair weather conditions.

(3) The Town of Ayer requires the use of flowable fill and infra red treatment in all repair work on utility trenches in the Town.  One of these methods of repair will be used in restoration on any recently paved roads.  

F.  Manholes and Catch Basins.

(1).  All manholes and catch basins shall have interlocking sections and be of Standard Precast construction with either cast iron, aluminum or approved plastic steps spaced eighteen (18) inches apart.  A water tight seal shall be placed between precast manholes.  Precast sewer manholes shall have rubber “O” ring gaskets.

(2) All manhole covers used on town streets shall be of heavy duty construction with a frame and cover height of at least eight (8) inches.  Covers shall also be marked with the words “Drain” and “Sewer” integrally cast as appropriate.

(3) All brick used in sanitary sewer manholes, including brick used for inverts and raising covers shall conform to A.S.T.M. Standard Specifications for Sewer bricks.  Barrel block and cement brick are acceptable in drain manholes only.  If the town inspector rejects any brick, all such rejected brick shall be immediately removed and acceptable brick shall be substituted.

(4) Mortar used in manholes shall be composed of one part Portland cement, hydrated lime and two parts sand; the volume of sand shall not exceed three times the sum of the volume of cement and lime.  Lime and sand shall conform to A.S.T.M. Standards.

(5) When installing manholes and catch basins, the trench shall be excavated so there is clearance of two feet on each side of the structure.  Four (4) inches to six (6) inches of crushed stone shall be placed under the manhole or catch basin and gravel shall be compacted in six (6) inch layers around the structure to secure it firmly.  Catch basins shall maintain a two foot sump.  Basin to basin connections shall not be allowed and drain manholes must be utilized.  A precast catch basin top section shall have a twenty-four (24) inch by twenty-eight (28) inch opening to allow proper throat and mouth opening.

G.  Headwalls.

(1).  Headwalls shall be constructed of A.S.T.M. approved concrete, shall be built as directed to connect surface drains, culverts, and like structures and must be approved by the town inspector.

H.  Safety Precautions.

(1).  Unless permission to close a street or road is received in writing from the Town, all excavated materials shall be placed so that safe vehicular and pedestrian traffic may be maintained at all times.  If the contractor causes traffic hazards due to road conditions, he shall repair the road surface, provide temporary ways, erect wheel guards or fences, or take other measures for safety satisfactory to the Superintendent of Public Works.

(2) Detours around construction shall be subject to the approval of the Town.  Where detours are permitted, the contractor shall provide all necessary barricades and signs as required to divert the flow of traffic.  While traffic is detoured, the contractor shall expedite construction operations.  Periods when traffic is being detoured will be strictly controlled by the Town.

(3) The contractor shall provide any barricades and signs necessary to implement any methods of traffic control as directed by the Town.  

(4)  The contractor shall take precautions against injury to the public due to open trenches.  A night watchman may be required where the Town determines a special hazard exists. Police details may be required at any time, at the expense of the contractor, to provide for safe traffic control while work is in progress.  The contractor shall be fully responsible for damage or injuries whether or not such police protection is provided.   

Section 2:  Driveway and Accessway Permit.

A.  Permit Required:

(1).  No person shall construct, alter, relocate or resurface a driveway or accessway which provides vehicular access to or egress from a state highway, public way, way approved pursuant to subdivision control procedures, or any existing way which the Town is obligated to maintain without first obtaining a driveway/accessway permit as herein provided.

(2).  At least thirty (30) days prior to the construction, alteration, relocation, or resurfacing of a driveway or accessway, the property owner, either directly or through his designated agent,  shall make written application to the Board of Selectmen for a permit authorizing such work.   The Board of Selectmen shall issue, issue subject to reasonable conditions, or deny a permit within thirty (30) days of submission of such application.  Prior to the issuance of any such permit, each application shall be referred to the Superintendent of the Department of Public Works, the Town Engineer, and where required pursuant to the General Laws or the by-laws of the Town of Ayer, to the Conservation Commission, for review and recommendation.

(3). Every permit application shall be accompanied by a $25.00 application fee.  Before a permit is issued, the permittee shall provide the Town with an insurance certificate, acceptable to the Town, indicating the following minimum coverages: workers’ compensation in statutory amounts, general liability of at least $100,000.00 per occurrence, $300,000.00 aggregate for personal injury, including death, and $100,000.00 property damage, and automobile liability of at least $300,000.00/$500,000.00.   Such insurance (except workers’ compensation) shall name the Town of Ayer as an additional insured and shall provide for at least fifteen (15) days written notice of cancellation or modification.

(4). A public utility subject to G.L. c. 164 shall obtain a driveway/accessway permit and pay the application fee therefore provided above, but shall not be subject to the remaining provisions of this bylaw with respect to insurance, or the methods and materials utilized for restoration of roadways.  

(5)     Any person constructing, altering, or relocating a driveway or accessway servicing
a single or two family dwelling shall obtain a driveway/accessway permit, but shall not be subject to the remaining provisions of this bylaw with respect to insurance, fees, or to the requirements in paragraph 2.B.(9).  Any person resurfacing an existing driveway/accessway serving a single or two family dwelling shall be exempt from all provisions of section 2 of this bylaw.

B.  Design Specifications:

(1).  Driveways and accessways providing access to or egress from a state highway shall conform to Massachusetts Department of Public Works Standards and Regulations.

(2).  Prior to the approval of any driveway or accessway permit, the Superintendent of Public Works and Town Engineer shall determine if the proposed location provides adequate sight distance at the point of intersection with the adjoining way to ensure safe egress onto such way given road alignment, profile and grade at said location and the speed and density of traffic.

(3).  Wherever possible, a driveway or accessway shall be located at least 50 feet from the nearest intersecting street corner measured between the nearest edge of the driveway and the edge of pavement of the cross road.

(4).  In the event such setback shall not be possible given the characteristics of the location, the Board of Selectmen may grant a waiver modifying such setback upon the recommendation of the Superintendent of Public Works and Town Engineer, taking into consideration the alignment, profile, grade and sight distance to the intersecting street so as to assure the safety of entering and exiting vehicles, and vehicular and pedestrian traffic on the way.  The Board of Selectmen may issue such a permit subject to such conditions as it deems reasonable to enhance visibility at said intersection in the interests of public safety.

(5).  Driveway and accessway grades and locations shall provide adequate  access for emergency vehicles, including ambulances, fire and police vehicles.

(6).  No more than two residential dwellings may share a common driveway or accessway.  This section shall not be construed to give permission, to make policy in favor of, or to automatically allow shared driveways for residential dwellings.

(7).  The minimum entrance width of each driveway or accessway shall meet the following standards measured at a point five feet onto the owner’s property from the intersection of the driveway or accessway and the edge of the road surface:


Type of Driveway/Accessway
Minimum
Maximum
Residential
10'
16'
Commercial
25'
50'
One Way
11'
20'
Two Way
22'
30'


(8).   Any area adjacent to the proposed driveway or accessway which is disturbed during the construction, alteration, relocation or resurfacing thereof shall be restored to its original condition.

(9).  Surfacing materials: Every driveway and accessway shall be surfaced in accordance with the Town by-laws,

Section 3: Enforcement.

(1).  Failure to obtain a permit required by this bylaw before commencing the work, or having obtained the required permit, failure to comply with the requirements of this bylaw or of the permit, shall be subject to a penalty of $300.00, and each day of such a violation shall constitute a separate violation.  The Superintendent of Public Works may order the uncovering of any work performed in violation of this bylaw, or may require the excavation and replacement of any surfacing or paving found to be inconsistent with the requirements of this bylaw.  All such remedial work shall be at the sole expense of the person in violation of the bylaw.  No new street opening or driveway/accessway permit shall be issued to any such person until all remedial work required by the Superintendent has been satisfactorily completed.

(2).  The Superintendent of Public Works may suspend a permit, or issue a cease and desist order to stop all work if a permittee refuses to make such corrections in the work as the Superintendent may require to assure compliance with the terms of this bylaw.  Cancellation or expiration of any insurance coverage required herein during the performance of the work under a street opening or driveway/accessway permit shall result in automatic cancellation of the permit until all required coverages are restored.

(3).  This bylaw may be enforced pursuant to Non-criminal Disposition procedures as provided in Article XXXVII of the General Bylaws of the Town of Ayer and G.L. c. 40, §21D.  For purposes of such enforcement, the Superintendent of Public Works, Town Engineer and  Police Department shall be enforcement officers.

Approved  by Attorney General  September 10, 1999



ARTICLE XLVI - COMMUNITY PRESERVATION COMMITTEE

Chapter 1. Establishment
There is hereby established a Community Preservation Committee, consisting of seven (7) voting members appointed pursuant to the provisions of G.L. c.44B, s5. The composition of the Committee, the appointing authority and the term of office for the committee members shall be as follows:

One member from the Planning Board-3 years
One member from the Conservation Commission-1 years
One member from the Historical Commission-3 years
One member from the Housing Authority-2 years
One member from the Parks Commission-2 years

Two citizens at large to be appointed by the Selectmen one (1) for one year and one (1) for 3 years.
 
Each member of the Committee shall serve for the above term or until the person no longer serves in the position or on the board or committee as set forth above, whichever is earlier. Upon completion of the initial appointment, all terms of office to be 3 years in length. In the event that any board or commission member is not reappointed or reelected the new board appointee shall serve out the remaining balance of the term.

Should any of the officers and commissions, boards or committees who have appointing authority under this by-law be no longer in existence for whatever reason, the Board of Selectmen shall appoint a suitable person to serve in their place.

Any member of the Committee may be removed for cause by their respective appointing authority after hearing.

Chapter 2. Duties
(1). The Community preservation committee shall study the needs, possibilities and resources of the Town regarding community preservation. The committee shall consult, primarily but not limited to, with existing municipal boards, including the conservation commission, the historical commission, the planning board, the department of parks commission, and the housing authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the committee shall hold one annual public informational hearing, or more at its discretion, on the needs, possibilities and resources of the Town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the Town.

(2). The community preservation committee shall make recommendations to the Town Meeting for the acquisition, creation and preservation of open space, for the acquisition and preservation of historic resources, for the acquisition, creation and preservation of land for recreational use, for the creation, preservation and support of community housing and for the rehabilitation or restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided by this section. With respect to community housing, the community preservation committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.

(3). The community preservation committee may include in its recommendation to the Town Meeting a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with community preservation.

(4). In every fiscal year, the community preservation committee must recommend either that the legislative body spend, or set aside for later spending, not less than 10% of the annual revenues in the Community Preservation Fund for (a) open space not including land for recreational use), (b) historic resources; and (c) community housing.

Chapter 3. Requirement for quorum and cost estimates
The community preservation committee shall comply with the provisions of the Open Meeting Law, G.L. c.39 s23B. The Committee shall not meet or conduct business without the presence of a majority of the members of the community preservation committee. The community preservation committee shall approve its actions by majority vote. Recommendations to the Town Meeting shall include the committee’s anticipated administrative and operating costs not to exceed 5% of all local CPA revenues and state matching funds for the given year.

Chapter 4. Amendments
This by-law may be amended from time to time by a majority vote of Town Meeting, consistent with the provisions of G.L. c,44B.

Chapter 5. Severability
In case any section, paragraph or part of this by-law be for any reason declared invalid or unconstitutional by any court, every other section, paragraph or part shall continue in full force and effect.

Chapter 6. Effective Date
Provided that this by-law is accepted at the 2001 Annual Town Election, this by-law shall take effect upon approval by the Attorney General of the Commonwealth, and after all requirements of G.L. c.40, S32 have been met. Each appointing authority shall have thirty days after approval by the Attorney General to make their initial appointments, or take any action thereon or in relation thereto.

Approved by Attorney General September 17, 2001.



ARTICLE XLVII - NPDES PHASE II STORMWATER BYLAW

IT IS HEREBY DETERMINED THAT:

Construction Site stormwater runoff and post-construction stormwater discharges may permanently alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, which in turn may increase flooding, stream channel erosion, non-point source pollution, and sediment transport and deposition, and decrease groundwater recharge;

Construction Site stormwater runoff and post-construction stormwater discharges can adversely affect public safety, public and private property, surface water, groundwater resources, drinking water supplies, recreation, aquatic habitats, fish and other aquatic life, property values and other uses of land and water;

It is in the public interest to regulate Construction Site stormwater runoff and post-construction stormwater discharges in order to minimize the impacts identified above.  

§ 1.0   PURPOSE

A.      The purpose of this Stormwater Bylaw is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of Construction Site stormwater runoff and post-construction stormwater discharges. In addition, this Stormwater Bylaw is intended to ensure and promote compliance with US Environmental Protection Agency (EPA) stormwater management regulations pertaining to municipal separate storm sewer systems (MS4) and the National Pollutant Discharge Elimination System (NPDES), as amended. This Stormwater Bylaw seeks to meet these purposes through the following objectives:  

1.      Establish decision-making processes surrounding Construction Site activities that protect the integrity of the watershed and preserve the health of water resources;

2.      Require that Construction Site activities maintain the post-construction runoff characteristics as equal to or less than the pre-construction runoff characteristics in order to minimize flooding, stream bank erosion, siltation, nonpoint source pollution, property damage, and to maintain the integrity of stream channels and aquatic habitats;

3.      Establish minimum Construction Site and post-construction stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity and quality;

4.      Require the use of nonstructural stormwater management practices or “low-impact development practices”, wherever practicable.

5.      Establish provisions for the long-term responsibility for and maintenance of structural stormwater control facilities and nonstructural stormwater management practices to ensure that they continue to function as designed, are maintained, and pose no threat to public safety;

6.      Establish provisions to ensure there is an adequate funding mechanism, including surety, for the proper review, inspection and long-term maintenance of stormwater facilities implemented as part of this Stormwater Bylaw; and,

7.      Establish a procedure for the adoption of regulations that will provide administrative procedures and fees for the submission, review, approval or disapproval of stormwater management plans, and for the inspection of approved active projects, and long-term follow up.

B.  Nothing in this Stormwater Bylaw is intended to replace the requirements of the Town of Ayer Wetlands Protection Bylaw or any other Bylaw that may be adopted by the Town of Ayer, or any State or Federal requirement, law, regulation, or policy.  Any activity subject to the provisions of this Stormwater Bylaw must comply with any other applicable Town, State or Federal requirements.

§ 2.0   AUTHORITY  

This Bylaw is adopted under authority granted by the Home Rule Amendment of the Massachusetts Constitution, the Home Rule statutes, and pursuant to the regulations of the federal Clean Water Act found at 40 CFR 122.34, and as authorized by the residents of the Town of Ayer at Town Meeting, dated May 12, 2008.

§ 3.0   DEFINITIONS

The following definitions shall apply in the interpretation and implementation of this Stormwater Bylaw.  Additional definitions may be adopted by separate regulation.

ALTER:  Any activity that will measurably change the ability of a ground surface area to absorb water or will change existing surface drainage patterns. Alter may similarly represent “alteration of drainage characteristics,” and “conducting land disturbance activities” . Such changes include: change from distributed runoff to confined, discrete discharge; change in the volume of runoff from the area; change in the peak rate of runoff from the area; and change in the recharge to groundwater on the area.

BEST MANAGEMENT PRACTICE (BMP): Structural, non-structural and managerial techniques that are recognized to be the most effective and practical means to prevent and/or reduce adverse stormwater volumes and flows, reduce point source and nonpoint source pollution, and promote stormwater quality and protection of the environment.
“Structural” BMPs: devices that are engineered and constructed to provide temporary storage and treatment of stormwater runoff.

“Nonstructural” BMPs: natural measures to reduce pollution levels, do not require extensive engineering and construction efforts, and/or promote pollutant reduction by eliminating the pollutant source.

CONSTRUCTION SITE:   Any site where activity is proposed or occurs which results in soil disturbance by clearing, grading, excavation, stockpiling earth materials or placement/removal of earth materials.

IMPERVIOUS SURFACE: Any material or structure on or above the ground that prevents water infiltration to the underlying soil. Impervious surface includes, without limitation, roads, paved parking lots, sidewalks, and rooftops, compacted soils, hard-packed gravel driveways, and similar surfaces.

LAND-DISTURBING ACTIVITY or LAND DISTURBANCE: Any activity, including clearing, grubbing, grading and stockpiling that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material.

LOW IMPACT DEVELOPMENT (LID): An approach to environmentally friendly land use planning. It includes a suite of landscaping and design techniques designed to maintain the natural, pre-developed ability of a site to manage rainfall. LID techniques capture water on site, filter it through vegetation, and allow seeping into the ground rather than being lost as surface runoff so that the local water table can recharge. An important LID principle embodies the concept that rainwater is a resource and not merely a superfluous waste product.

MASSACHUSETTS STORMWATER MANAGEMENT POLICY:  The Policy issued by the Department of Environmental Protection, and as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act G.L. c. 131 § 40 and Massachusetts Clean Waters Act G.L. c. 21, §. 23-56.

MUNICIPAL STORM DRAIN SYSTEM or MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4): The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or manmade or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Ayer.

NONPOINT SOURCE POLLUTION: Pollution from many dispersed sources caused by rainfall or snowmelt moving over and through the ground.  Movement of runoff collects and carries away natural and human-source pollutants, finally depositing them into water resource areas.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (“NPDES”): A federal environmental program addressing water pollution under the Clean Water Act. NPDES Phase I addresses stormwater discharges from towns and cities with medium to large storm sewer systems and industrial activities.  NPDES Phase II addresses towns and cities with small storm sewer systems serving a population of less than 100,000.  Phase II also regulates construction activities disturbing greater than one acre. Ayer is subject to NPDES Phase II.
OPERATION AND MAINTENANCE PLAN: A plan describing the functional, financial and organizational mechanisms for the ongoing operation and maintenance of a stormwater management system to ensure that it continues to function as designed.

PERSON:  An individual , partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person.

POST-DEVELOPMENT: Conditions that reasonably may be expected or anticipated to exist after completion of the land development activity on a specific site or tract of land.  Post-development refers to conditions after culmination of a new development or redevelopment project and does not depict conditions during the construction phases of a project.

PRE-DEVELOPMENT: The conditions that exist at the time that plans for the land development of a tract of land are submitted to the Stormwater Authority.  Where phased development or phased plan approval occurs (preliminary grading, roads and utilities, etc.), the existing conditions at the time prior to the first plan submission shall establish pre-development conditions.
          
STORMWATER AUTHORITY: The Ayer Planning Board shall act as the Stormwater
        Authority in implementing the provisions of this Stormwater Bylaw. The Stormwater Authority may designate a Stormwater Agent to assist with plan review, implementation and enforcement of the provisions of this Stormwater Bylaw and accompanying regulations. The Stormwater Authority is responsible for coordinating the review, approval and permit process as defined in this Chapter. Boards and/or departments may participate in the review process as defined in this Stormwater Bylaw or the Stormwater Regulations adopted by the Stormwater Authority.

STORMWATER MANAGEMENT PERMIT (SMP): A permit issued by the Stormwater Authority, after review of an application, plans, calculations, and other supporting documents, that is designed to protect the Town from deleterious effects of uncontrolled or untreated stormwater runoff.

STORMWATER MANAGEMENT, EROSION AND SEDIMENTATION CONTROL PLAN: A document containing narrative, drawings and details prepared by a qualified professional engineer (PE), a professional public land surveyor (PLS), or a certified professional in erosion and sedimentation control (CPESC), that includes structural and non-structural best management practices (BMPs) to manage and treat stormwater runoff generated from regulated development activity.  

WATERCOURSE: A natural or man-made channel through which water flows or a stream of water, including a river, brook, or underground stream.

WETLAND RESOURCE AREA: Areas specified in the Massachusetts Wetlands Protection Act M.G.L. c. 131, s.40 and in Article XXVI of the Town Bylaws, “Wetland Protection”.


§ 4.0   ADMINISTRATION

A.      The Stormwater Authority shall administer, implement and enforce this Stormwater Bylaw.  Any powers granted to or duties imposed upon the Stormwater Authority may be delegated in writing by the Stormwater Authority to its employees or agents.

B.      The Stormwater Authority may adopt and periodically amend Regulations relating to receipt and content of Stormwater Management Permit applications; review time periods, permit terms, conditions, additional definitions, enforcement, fees (including application, inspection, and/or consultant fees), procedures, administration and enforcement of this Stormwater Bylaw subsequent to a majority vote of the Planning Board and after conducting a public hearing to receive comments on the proposed regulations and/or any proposed revisions.

Such hearing dates shall be advertised in a newspaper of general local circulation at least seven (7) calendar days before a hearing date. After public notice and hearing, the Stormwater Authority may promulgate rules and regulations to effectuate the purposes of this Stormwater Bylaw. Failure by the Stormwater Authority to promulgate such rules and regulations shall not have the effect of suspending or invalidating this Stormwater Bylaw.

C.      The Stormwater Authority may take any of the following actions as a result of an application for a Stormwater Management Permit:  Approval, Approval with Conditions, or Disapproval.

D.      The overall Stormwater Management Plan consists of two parts: a Stormwater Management Erosion and Sedimentation Control Plan (“Stormwater Plan”) and an Operation and Maintenance Plan (“O&M Plan”). The Stormwater Plan addresses stormwater impacts during construction and prior to site stabilization, as well as best management practices for the permanent management and treatment of groundwater. The O & M Plan addresses the long term monitoring and care of the stormwater management controls on the site.

§ 5.0   APPLICABILITY

This Stormwater Bylaw shall apply to all land-disturbing activities within the jurisdiction of the Town of Ayer, whether new development or redevelopment. Except as permitted by the Stormwater Authority in a Stormwater Management Permit(SMP) or as otherwise provided in this Stormwater Bylaw, no person shall perform any activity that results in land disturbance of 40,000 square feet or greater without first obtaining an SMP according to the provisions of this Stormwater Bylaw.

A. Regulated Activities. Regulated activities shall include, but not be limited to:

1.      Land disturbance of greater than 40,000 square feet, associated with construction or reconstruction of structures;

2.      Development or redevelopment involving multiple, separate activities in discontinuous locations or on different schedules if the activities are part of a larger common plan of development that together disturbs 40,000 square feet or more.
3.      Paving or other change in surface material over an area of 40,000 square feet or more causing a significant reduction of permeability or increase in runoff,

4.      Construction of a new drainage system or alteration of an existing drainage system or conveyance serving a drainage area of more than 40,000 square feet,

5.      Land disturbance where there is a 15% or greater slope and where the land disturbance is greater than or equal to 1,000 square feet within the sloped area.

6.      Land disturbance greater than or equal to 1,000 square feet where the soil cut or filled exceeds four feet in vertical depth at its deepest point as measured from the natural ground level.

7.      Disturbance of a volume of earth greater than 1,500 cubic yards.

8.      Any other activity altering the surface of an area exceeding 40,000 square feet that will, or may, result in increased stormwater runoff flowing from the property into a public way, the municipal storm drain system or to a watercourse or wetland.

B.      Minor and Major Projects. For the purpose of this Bylaw and any Regulations pertaining thereto, applications shall be divided into Minor and Major categories. The application procedures and submittal requirements for Minor and Major applications shall be described in the Ayer Stormwater Regulations.

1.      A Minor project is any activity subject to the Stormwater Bylaw which involves:
a.  Land disturbance of an area greater than 40,000 square feet but less than 60,000 square feet for a single-family lot which has not been included in an ANR or subdivision within the prior five (5) years; or
b.  Land disturbance of a volume of earth greater than 1,500 cubic yards but less than 2,200 cubic yards where not related to a subdivision or ANR; or
c.  Land disturbance of an area of land 1,000 square feet to 10,000 square feet:
1.      If the slope is 15% or greater; or
2.      If the soil cut or filled exceeds four (4) feet in vertical depth at its deepest point as measured from the natural ground level. This requirement may be waived for septic system installation.

2.      A Major project is any project subject to the Stormwater Bylaw which involves:
a.      Land disturbance of an area of 40,000 or more square feet for a subdivision or ANR;
b.      Land disturbance of an area of greater than 60,000 square feet; or
c.      Land disturbance of a volume of earth resulting in a total quantity greater than 2200 cubic yards; or
d.      Land disturbance of an area of land greater than 10,000 square feet:
1.      If the slope is 15% or greater or
2.      If the soil cut or filled exceeds four (4) feet in vertical depth at its deepest point as measured from the natural ground level.

C.      Exempt Activities. The following activities are exempt from the requirements of this Stormwater Bylaw:
1.      Normal maintenance and improvement of Town owned public ways and appurtenances. New road and building construction, however, are subject to a requirement for a stormwater permit.

2.      Normal maintenance and improvement of land in agricultural or forestry use as defined by the Massachusetts Wetlands Protection Act and its Regulations.

3.      Repair of septic systems when required by the Board of Health for the protection of public health.

4.      Normal maintenance of existing landscaping, gardens or lawn areas associated with a single family dwelling provided such maintenance does not include the addition of more than 300 cubic yards of soil material, construction of walls, alteration of existing grades by more than one foot in elevation, or alteration of drainage patterns.

5.      The construction of fencing irrespective of materials used that will not alter existing terrain or drainage patterns.

6.      Construction of utilities (gas, water, sewer, electric, telephone, etc.) other than drainage that will not alter terrain or drainage patterns.

7.      As authorized in the Phase II small MS4 General Permit for Massachusetts, storm water
Discharges resulting from the activities identified in Section 5-A that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Storm Water Management Policy, as reflected in an Order of Conditions issued by the Conservation Commission, are exempt from compliance with this Bylaw.
  
§ 6.0   ENFORCEMENT

A.      The Stormwater Authority or an authorized agent of the Stormwater Authority shall enforce this Bylaw, Regulations, permits, violation notices, and enforcement orders, and may pursue all civil, criminal and non-criminal remedies for such violations.

B.      Notices of Violation and Enforcement Orders.
1.      The Stormwater Authority or an authorized agent of the Stormwater Authority may issue a written notice of violation or enforcement order to enforce the provisions of this Bylaw or the Regulations thereunder, which may include requirements to:
a.      Cease and desist from construction or land disturbing activity until there is     compliance with the Bylaw and the Stormwater Management Permit.
b.      Repair, maintain, or replace the stormwater management system or portions thereof in accordance with the O&M Plan.
c.      Perform monitoring, analyses, and reporting.
d.      Fix adverse impact resulting directly or indirectly from malfunction of the stormwater management system.
2.      If the enforcing person determines that abatement or remediation of adverse impacts is required, the order may set forth a deadline by which such abatement or remediation must be completed.

C.      Any person who violates any provision of the Stormwater Bylaw, Regulations or permit issued thereunder, Maintenance Agreement, or enforcement order may be ordered to correct the violation and/or pay a fine of $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

D.      Non-Criminal Disposition. As an alternative to criminal prosecution or civil action, the Town of Ayer may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, §21D and in which case the Stormwater Agent of the Town of Ayer shall be the enforcing person. The penalty for the 1st violation shall be $100. The penalty for the 2nd violation shall be $200. The penalty for the 3rd and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

E.      Appeals. The decisions or orders of the Stormwater Authority shall be final.  Further relief shall be to a court of competent jurisdiction.
F.      Remedies Not Exclusive. The remedies listed in this Bylaw are not exclusive of any other remedies available under any applicable federal, state or local law.

§ 7.0   SEVERABILITY

The invalidity of any section, provision, paragraph, sentence, or clause of this Stormwater Bylaw shall not invalidate any section, provision, paragraph, sentence, or clause thereof, nor shall it invalidate any permit or determination that previously has been issued.

§ 8.0   EFFECTIVE DATE

This Stormwater Bylaw shall take effect upon approval of the Attorney General and upon compliance with requirements of Massachusetts General Law Chapter 40, Section 32.   





ARTICLE XLVIII - ILLICIT DISCHARGES TO THE MUNICIPAL STORM DRAIN SYSTEMS BY-LAW

§ 1. PURPOSE and AUTHORITY

A.      Purpose

The purpose of this bylaw is to manage connections and discharges to the municipal storm drain system and waters of the Commonwealth, that are necessary for the protection of Ayer’s water bodies and groundwater, and to safeguard the public health, safety, welfare and the environment.

The objectives of this bylaw are:
1.      To prevent pollutants from entering Ayer’s municipal separate storm sewer system (MS4) and waters of the Commonwealth;

2.      To prohibit illicit connections and unauthorized discharges to the MS4;

3.      To require the removal of illicit connections;

4.      To comply with state and federal statutes and regulations relating to stormwater discharges;

5.      To establish the legal authority to ensure compliance with the provisions of this bylaw through inspection, monitoring, and enforcement;

6.      To prevent contamination of drinking water supplies.

B.      Authority

This bylaw is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act, and pursuant to the regulations of the Federal Clean Water Act found at 40 CFR 122.34. The DPW Superintendent shall administer, implement and enforce this bylaw. Any powers granted to or duties imposed upon the DPW Superintendent may be delegated in writing to other qualified employees or agents of the Town of Ayer.

§ 2. DEFINITIONS

For the purposes of this bylaw, the following shall apply:

CLEAN WATER ACT: The Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.

DISCHARGE OF POLLUTANTS: The addition from any source of any pollutant or combination of pollutants from any source into the municipal storm drain system or into the waters of the United States or Commonwealth.
GROUNDWATER: All water beneath the surface of the ground.

HAZARDOUS MATERIAL OR WASTE: Any material, which because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, welfare, or to the environment. Hazardous materials include any synthetic or organic chemical, petroleum product, heavy metals, radioactive or infectious waste, acid and alkali, pathogens and any substance defined as Toxic or Hazardous under Massachusetts General Laws Ch.21C and Ch.21E, and the regulations at 310 CMR 30.000 and 310 CMR 40.0000.

ILLICIT CONNECTION: Any surface or subsurface drain or conveyance, that allows an illegal discharge into the municipal storm drain system.  Illicit connections include conveyances that allow a non-stormwater discharge to the municipal storm drain system including but not limited to: sewage, processed wastewater or wash water and also any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved prior to the effective date of this bylaw.

ILLICIT DISCHARGE: Any direct or indirect non-stormwater discharge into the municipal storm drain system, not specifically exempted in Section 6. The term excludes a discharge in compliance with an NPDES Storm Water or Surface Water Discharge Permit.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) OR MUNICIPAL STORM DRAIN SYSTEM: The system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the Town of Ayer.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT: A permit issued by United States Environmental Protection Agency or jointly with the State that authorizes the discharge of pollutants to waters of the United States.

NON-STORMWATER DISCHARGE: Any discharge to the municipal storm drain system not composed entirely of stormwater.

PERSON: Any individual, partnership, association, firm, company, trust, corporation or other organization, and, any agency, authority, department or political subdivision of the Commonwealth or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person.

POLLUTANT: Any constituent part or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter whether originating at a point or nonpoint source, that is or may be introduced into any sewage treatment works or waters of the Commonwealth. Pollutants include, but are not limited to:
1.      preservatives including paints, varnishes and other chemical agents, cleaning agents, disinfectants and solvents;
2.      oil and other automotive or other vehicular fluids and any fuels irrespective of use;
3.      non-hazardous liquids, solid wastes and yard wastes;
4.      refuse, rubbish, garbage, litter, or other discarded or abandoned objects, articles, accumulations and floatables;
5.      pesticides, herbicides, and fertilizers;
6.      hazardous materials and wastes; sewage, fecal coliform and other pathogens;
7.      metals: dissolved, in suspension or in particulate form;
8.      animal wastes;
9.      rock, sand, salts, soils;
10.     construction wastes and residues, including but not limited to sediments, slurries, and concrete rinsates;
11.     noxious or offensive matter of any kind.

STORMWATER: Storm (rain) runoff, snowmelt runoff, and surface water runoff and drainage.

UNCONTAMINATED: Water containing no pollutants.

WATERCOURSE: A natural or man-made channel through which water flows including a river, brook or underground stream.

WATERS OF THE COMMONWEALTH: All waters within the jurisdiction of the Commonwealth, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.

WASTEWATER: any sanitary waste, sludge, or septic tank or cesspool overflow, and water that during manufacturing, cleaning or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct or waste product.

§ 3. APPLICABILITY

This bylaw shall apply to flows entering the municipally owned storm drainage system and waters of the Commonwealth.

§ 4. REGULATIONS

The DPW Superintendent may promulgate rules, regulations and a permitting process to effectuate the purposes of this bylaw. Failure by the DPW Superintendent to promulgate such rules and regulations shall neither suspend nor invalidate this bylaw.





§ 5.  PROHIBITED ACTIVITIES

A.      Illegal Discharges

No person shall dump, discharge, cause or allow to be dumped or discharged any pollutant or non-stormwater discharge into the municipal storm drain system, watercourse, or into the waters of the Commonwealth.

B.      Illicit Connections

No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm drain system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection.

C.      Obstruction of Municipal Storm Drain System

No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm drain system without prior approval from the DPW Superintendent or his/her designee.

§ 6. EXEMPTIONS

This section shall not apply to discharges or flows resulting from fire fighting activities;

This section shall not apply to any of the following non-stormwater discharges or flows provided that the source is not deemed by the DPW Superintendent to be a significant contributor of a pollutant to the municipal storm drain system:

1.      Waterline flushing;
2.      Flows from potable water sources;
3.      Springs;
4.      Natural flows from riparian habitats and wetlands;
5.      Rising groundwater;
6.      Uncontaminated groundwater infiltration as defined in 40 CFR 35.2005(20), or uncontaminated pumped groundwater;
7.      Discharge from landscape irrigation or lawn watering;
8.      Water from individual residential car washing;
9.      Discharge from dechlorinated swimming pool water [defined as containing less than one part per million (ppm) chlorine] provided the water is allowed to stand for one week prior to draining and the pool is drained in such a way as not to cause a nuisance.
10.     Water from exterior foundation drains, footing drains (not including active groundwater dewatering systems, such as dewatering excavations for foundation or pipelines), crawl space pumps, or air conditioning condensation;
11.     Discharges from street sweeper operations of inconsequential amounts of water.;
12.     Dye testing, provided verbal notification is given to the DPW Superintendent and approval is obtained prior to the time of the test;
13.     Non-stormwater discharges permitted under an NPDES permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency or the Massachusetts Department of Environmental Protection, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations;
14.     Discharges for which advanced written approval is received from the DPW Superintendent if necessary to protect public health, safety, welfare or the environment.

§ 7. SUSPENSION OF STORM DRAINAGE SYSTEM ACCESS

A.      The DPW Superintendent may suspend municipal storm drain system access to any person or property without prior written notice when such suspension is necessary to stop an actual or threatened illegal discharge that presents or may present imminent risk of harm to the public health, safety, welfare or to the environment.  If any person fails to comply with an emergency suspension order, the DPW Superintendent may take all reasonable steps necessary to prevent or minimize harm to the public health, safety and welfare or to the environment.

B.      Any person discharging to a municipal storm drain system in violation of this bylaw may have access to their municipal storm drain system terminated if such termination would abate or reduce an illicit discharge. The DPW Superintendent will notify a violator of the proposed termination of access to the municipal storm drain system. The violator may petition the DPW Superintendent for reconsideration and hearing. An offense is committed if the person reinstates access to the municipal storm drain system from premises terminated pursuant to this section, without prior approval from the DPW Superintendent.

§ 8.  NOTIFICATION OF SPILLS

Notwithstanding any other requirements of local, state or federal law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation, has information of any known or suspected release of materials at that facility or operation that results or may result in illegal discharge of pollutants, that person shall take all steps necessary to ensure containment, and cleanup of the release. In the event of a release of oil or hazardous materials, the person shall immediately notify the municipal fire and police departments, DPW Superintendent and Board of Health. In the event of a release of non-hazardous material, said person shall notify the DPW Superintendent no later than the next business day. Written confirmation of all telephone, facsimile or in person notifications shall be provided to the DPW Superintendent within three business days thereafter.

If the discharge of prohibited materials is from a commercial or industrial facility, the facility owner or operator of the facility shall retain on-site a written record of the discharge and the actions taken to prevent its recurrence. Such records shall be retained for at least three years.



§ 9. ENFORCEMENT

A.      The DPW Superintendent or the Superintendent’s designee shall enforce this bylaw, and the regulations promulgated thereunder, as well as the terms and conditions of all permits, notices, and orders, and may pursue all civil and criminal remedies for such violations.

B.      Civil Relief

The DPW Superintendent may seek injunctive relief in a court of competent jurisdiction to restrain the person that violates the provisions of this bylaw, regulations, permit, notice, or order issued thereunder from activities that would create further violations and additionally compelling the person to abate or remediate the violation.

C.      Compliance Orders

The DPW Superintendent may issue a written order to enforce the provisions of this bylaw or the regulations thereunder, which may include:
1.      elimination of illicit connections or discharges to the storm drainage system;
2.      termination of access to the storm drainage system;
3.      performance of monitoring, analyses, and reporting;
4.      cessation of unlawful discharges, practices, or operations;
5.      remediation of contamination in connection therewith. If the DPW Superintendent determines that abatement or remediation of contamination is required, the order shall set forth a deadline for completion of the abatement or remediation.

D.      Criminal and Civil Penalties

Any person that violates any provision of this bylaw, valid regulation, or the terms or conditions in any permit or order prescribed or issued thereunder, shall be subject to a fine not to exceed $300.00 for each day such violation occurs or continues or be subject to a civil penalty, that may be assessed in an action brought on behalf of the Town in any court of competent jurisdiction.

E.      Non-Criminal Disposition

As an alternative to criminal prosecution or civil action, the Town of Ayer may elect to utilize the non-criminal disposition procedure set forth in Massachusetts General Laws Chapter 40, §21D. The DPW Superintendent, or the Superintendent’s designee, shall be the enforcement officer. The penalty for the 1st violation shall be $100. The penalty for the 2nd violation shall be $200. The penalty for the 3rd and subsequent violations shall be $300. Each day or part thereof that such violation occurs or continues shall constitute a separate offense.

F.      Entry to Perform Duties Under this Bylaw

To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the DPW Superintendent, his/her agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this bylaw and regulations and may make or cause to be made such examinations, surveys or sampling as the DPW Superintendent deems reasonably necessary

G.      Appeals

The decisions or orders of the DPW Superintendent shall be final. Further relief shall be to a court of competent jurisdiction.

H.      Remedies Not Exclusive

The remedies listed in this bylaw are not exclusive of any other remedies available under any applicable federal, state or local law.

§ 10. SEVERABILITY

The provisions of this bylaw are hereby declared to be severable. If any provision, paragraph, sentence or clause of this bylaw or the application thereof to any party, establishment, or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this bylaw.

§ 11. TRANSITIONAL PROVISIONS

Residential property owners shall have ninety (90) days from the effective date of this bylaw to comply with its provisions.  An extension may be granted provided good cause is shown for the failure to comply with the bylaw during that period.

§ 12. EFFECTIVE DATE

This Bylaw shall take effect upon approval of the Attorney General and upon compliance with the requirements of Massachusetts General Law Chapter 40, Section 32.





ARTICLE XLIX - STRETCH CODE

Chapter 98: STRETCH ENERGY CODE

§98-1. Adoption. The Town of Ayer has adopted the provisions of 780 CMR 120.AA (i.e., Appendix 120.AA of the State Building Code or the “Stretch Energy Code”), as may be amended from time to time, in place of the provision set forth under 780 CMR 13.00, 34.00, 61.00 and 93.00.

§98-2. Purpose. The purpose of the Stretch Energy Code shall be to provide the Town with a more energy efficient alternative to the base energy code otherwise set forth under the State Building Code.

Approved by Massachusetts Attorney General September 2, 2011.




ARTICLE L - SEX OFFENDER RESIDENCY AND SAFETY ZONE BY-LAW WITH MAP

SECTION 1.   Findings and Intent
                (1).    It is the intent of this by-law to serve and to protect the Town's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the Town by creating areas around locations where children,or the elderly regularly congregate in concentrated numbers wherein certain sex offenders are prohibited    from loitering and establishing temporary or permanent residence.

                (2)     After careful consideration, the Town finds that this by-law is the most narrowly tailored means of limiting, to the fullest extent possible, the opportunity for certain ex offenders to approach or otherwise come in contact with children or the elderly in places where children or the elderly would naturally congregate, and that the protection of the health and safety of our children and elderly is a compelling governmental interest.

                (3)     By the enactment of this or any other by-law, the Town understands that it cannot remove the threat posed to or guarantee the safety of children or the elderly or assure the public that sex offenders will comply with the mandates of this by-law. This legislation is intended to create a civil, non-punitive regulatory scheme in order to protect children and the elderly to the extent possible under the circumstances and not as a punitive measure of any kind.

                (4)     Certain sex offenders pose a clear threat to the children and the elderly residing or visiting in the community. Because certain sex offenders are more likely than any other type of offender to reoffend by another sexual offense, the Town desires to impose safety mprecautions in furtherance of the goal of protecting the children and elderly. The purpose of this by-law is to reduce the potential risk of harm to children and the elderly in the community by limiting the ability of certain classified levels of sex offenders to be in contact with unsuspecting children and the elderly in locations that are primarily designed for use by or are primarily used by children and the elderly, the grounds of a public or private school for children, a center or facility that provides day care or children's services, a park, other public recreational facility, elderly housing facilities or the         Senior Citizens Center. The Town desires to add location restrictions to such offenders to the extent state law is silent.



SECTION  2.    Definitions

(1)      “Camp Bus Stop” Any area designated by a private/public youth camp as a camp bus stop which has been designated in a list maintained by the Town and available to the public.

(2)      “Day Care Center” means an establishment, whether public or private, which provides care for children and is registered with and licensed pursuant to the laws of the Commonwealth of Massachusetts by the Department of Early Education and Care.

(3)      “Elder” or “Elderly” means a person or persons over 60 years of age. “Elderly Housing Facility” or “Senior Citizens Center” or “Over 55 Community” means any  building or buildings which provide a group residence for the elderly or a location where the elderly gather and/or reside that is located within the Town of Ayer

(4)      “Establishing a Residence” means to set up or bring into being a dwelling place or an abode where a person sleeps, which may include more than one location, and may be mobile or transitory, or by means of purchasing real property or entering into a lease or rental agreement for real property

(5)      “Loitering” means to remain for more than fifteen (15) minutes within a five hundred (500) foot distance of the location in question.

(6)      “Park” means active and passive public land designated for recreational or athletic use by the Town of Ayer and located within the Town of Ayer.

(7)      “Permanent Residence” means a place where a person lives, abides, lodges, or resides for five (5) or more consecutive days or fourteen (14) or more days in the aggregate during any calendar year.

(8)      “Recreational Facility” means a playground, a forest preserve, conservation area, jogging trail or running track, hiking or biking trail, beach, water park, swimming pool, wading pool, soccer field, baseball field, football field, basketball court or hockey rink, whether publicly or privately owned, to which the public has a right of access as an invitee and which is located within the Town of Ayer.

(9)     “School” means any public or private educational facility that provides services to children in grades kindergarten - 12, or anyone or more of such grades.

(10)    “School Bus Stop” means any area designated by the public school district or by a private or parochial school within the Town of Ayer as a school bus stop, which school bus stop has been designated in a list maintained by the Town and available to the public.

(11)     “Sex Offender” and “Sex offense” shall have the same meaning for purposes of this by-law  as provided for in G.L. c. 6, § 178C.

(12)     “Sex Offense Involving a Child” shall have the same meaning for purposes of this by-law as provided for in G.L. c. 6, § 178C.

(13)     “Temporary Residence” means a place where a person lives, abides, lodges or resides for a period of less than five (5) consecutive days or fourteen (14) days in the aggregate during any calendar year.

SECTION 3.  Sex Offender Residence Prohibition

It is unlawful for any sex offender who has been finally classified as a Level 2 or 3 offender pursuant to the guidelines of the Sex Offender Registry Board, for as long as so classified, to establish a permanent residence or temporary residence in the Town of Ayer within one  thousand (1,000) feet of the property on which any public or private school, park,  playground, beach, biking/hiking trail, other recreational facility, elderly housing facility, over 55 community, senior citizens center,  or licensed day-care center is located.


SECTION 4.  Evidentiary Matters; Measurements

For purposes of determining the minimum distance requirement, the separation shall be measured by following a straight line from the outer property line of the permanent residence to the nearest outer property line of any public or private school, park,  playground, beach, biking/hiking trail, other recreational facility, elderly housing facility, over 55 community, senior citizens center,  or licensed day-care center

SECTION 5.  Notice to Move

Any sex offender who has  been finally classified as a Level 2 or 3 offender pursuant to the guidelines of the Sex Offender Registry Board, for as  long as so classified, who establishes a permanent residence or temporary residence in the Town of Ayer within one thousand (1,000) feet of any public or private school, park,  playground, beach, biking/hiking trail, other recreational facility, elderly housing facility, over 55 community, senior citizens center,  or licensed day-care center shall be in violation of this by-law and shall, within thirty (30) days of receipt of written notice of the sex offender’s noncompliance with this by-law, move from said location to a new location, but said location may not be within one thousand (1,000) feet of any public or private school, park,  playground, beach, biking/hiking trail, other recreational facility, elderly housing facility, over 55 community, senior citizens center,  or licensed day-care center within the Town of Ayer.  Furthermore it shall be a separate violation each day that a sex offender shall move from one location in the Town of Ayer to another that is within one thousand (1,000) feet of any public or private school, park,  playground, beach, biking/hiking trail, other recreational facility, elderly housing facility, over 55 community, senior citizens center,  or licensed day-care center.  

SECTION 6.  Exceptions

A person residing within 1,000 feet of any public or private school, park,  playground, beach, biking/hiking trail, other recreational facility, elderly housing facility, over 55 communities, senior citizens center,  or licensed day-care center does not commit a violation of this by-law if any of the following apply:

(1)     The person established the permanent residence and reported and registered the residence, as required by the Sex offender Registry Law and any applicable regulations of the Massachusetts Sex offender Registry Board, prior to the effective date of this             by-law, and:

(a) Permanent residence was established by purchasing the real property where the residence is established, as long as the registered sex offender continues to reside in and does not move to another restricted location in Ayer different from the permanent residence established prior to the effective date of this by-law;

(b) Permanent residence was established through a valid, fixed-term, written and/or oral lease or rental agreement, executed prior to the effective date of this by-law, as long as the registered sex offender continues to reside within and does not move to another restricted location in Ayer different from the permanent residence established prior to the effective date of this by-law; or

(c) Permanent residence was established through a written and/or oral lease or rental agreement at the will of the landlord, as long as the registered sex offender continues to reside within and does not move to another restricted location in Ayer different from the permanent residence established prior to the effective date of this by-law.

(2)     The person was a minor when the relevant crime was committed and was not convicted as an adult.
(3)     The person is a minor.
(4)     The public or private school, park, playground, beach, biking/hiking trail, other recreational facility, elderly housing facility, over 55 community, senior citizens center,  or licensed day-care center was established after such person established the permanent residence and reported and registered the residence pursuant to the Sex Offender Registry Law and any applicable regulations of the Massachusetts Sex Offender Registry Board.
(5)     The person is required to serve a sentence at a jail, prison, juvenile facility, or other correctional institution or facility located within the aforementioned 1,000 foot area.
(6)     The person is admitted to and/or subject to an order of commitment at a public or private facility for the care and treatment of mentally ill persons pursuant to G.L. c. 123 located within the aforementioned 1,000 foot area.
(7)     The person is a mentally ill person subject to guardianship pursuant to order or supervision of the Probate and Family Court or a mentally retarded person subject to guardianship pursuant to G.L. c. 201 §6A, residing with his or her guardian or residing within a group residence that is professionally staffed and supervised 24 hours a day and located within the aforementioned 1,000 foot area.  

SECTION 7.  Forfeiture of Exception

If, either after the effective date of this by-law or after a new public or private school, park,  playground, beach, biking/hiking trail, other recreational facility, elderly housing facility, over 55 community, senior citizens center,  or licensed day-care center opens, an indictment or conviction of another sex offense is issued by a court against a Level 2 or 3 Sex Offender otherwise enjoying an exception under this by-law, he or she shall immediately forfeit that exception and be required to comply with this by-law.

SECTION 8. Penalties
        (1) Criminal Complaint.  Violation of the residency provisions of this by-law may be enforced by criminal complaint  filed by any police officer of the Town of Ayer.  Each day a violation exists shall constitute a separate violation.  The fine for each violation, upon conviction, shall be $300.

       (2)  Noncriminal Disposition.  In addition to enforcement by criminal complaint, violation of the residency provisions of this by-law may be enforced through any lawful means in law or in equity by any police officer of the Town of Ayer including, but not limited to, enforcement by non-criminal disposition pursuant to G.L. c. 40, § 21D.  Each day a violation exists shall constitute a separate violation.  The penalties for noncriminal disposition shall be as follows:

                (a)     First offense: Notification to offender that he/she has thirty (30) days to move.

                (b)     Subsequent offense: noncriminal fine of $300, enforceable by a police officer, and written notification to the property owner, if other than the offender, the offender’s landlord, parole officer and/or probation officer, and the Commonwealth's Sex Offender Registry Board that the sex offender has violated a Town By-Law.

SECTION 9. Safety Zone
        A.      Prohibitions.
(1) A sex offender who has been finally classified as a Level 2 or 3 offender pursuant to the guidelines of the Sex offender Registry Board, and for as  long as so classified, is prohibited from entering upon the premises of a school or day-care center unless previously authorized specifically in writing by the school administration or day-care center owner.
(2) A sex offender who has been finally classified as a Level 2 or 3 offender pursuant to the guidelines of the Sex offender Registry Board, and for as long as so classified, is prohibited from entering upon the premises of an elderly housing facility, over 55 Community or Senior Citizens Center, unless previously authorized in writing by the on-site manager of the elderly housing facility, over 55 Community or Senior Citizen Center.
(3) A sex offender who has been finally classified as a Level 2 or 3 offender pursuant to the guidelines of the Sex offender Registry Board, and for as  long as so classified,  is prohibited from entering upon the premises of a park or any recreational facility.
(4) A sex offender who has been finally classified as a Level 2 or 3 offender pursuant to the guidelines of the Sex offender Registry Board, and for as  long as so classified,, after having received notice from the Ayer Police Department that he/she is loitering by having remained for more than fifteen (15) minutes within five hundred (500) feet of a public or private school, park,  playground, beach, biking/hiking trail, other recreational facility, elderly housing facility, over 55 community, senior citizens center,  or licensed day-care center, is prohibited from continuing to so loiter. For purposes of determining the minimum distance separation under this section, the distance shall be measured by following a straight line from the registered sex offender to the outer property line of the public or private school, park,  playground, beach, biking/hiking trail, other recreational facility, elderly housing facility, over 55 community, senior citizens center,  or licensed day-care center.
(5) A sex offender who has been finally classified as a Level 2 or 3 offender pursuant to the guidelines of the Sex offender Registry Board, and for as  long as so classified,, after having received notice from the Ayer Police Department that he/she is loitering by having remained for more than fifteen (15) minutes within five hundred (500) feet of a school and/or camp bus stop which has been designated in a list maintained by the Town and available to the public is prohibited from continuing to so loiter; provided, however, that this prohibition shall not apply on days when the schools and/or camps within the Town of Ayer are not in session.
B. Exceptions

(1) The prohibitions defined in this By-Law shall not be construed or enforced so as to prohibit a sex offender from exercising his or her right to vote in any federal, state or municipal election, conducting town and/or police business or from attending any religious service.
(2) The prohibitions defined in this By-Law do not apply to a sex offender's place of residence when such residence is excepted under this By-Law.

C. Penalties.
        (1) Criminal Complaint.  Violation of the safety zone provisions of this by-law may be enforced by criminal complaint  filed by any police officer of the Town of Ayer.  Each day a violation exists shall constitute a separate violation.  The fine for each violation, upon conviction, shall be $300.

         (2)  Noncriminal Disposition.  In addition to enforcement by criminal complaint, violation of the safety zone provisions of this by-law may be enforced through any lawful means in law or in equity by any police officer of the Town of Ayer including, but not limited to, enforcement by non-criminal disposition pursuant to G.L. c. 40, § 21D.  Each day a violation exists shall constitute a separate violation.  The penalties for noncriminal disposition shall be as follows:

(a)     First offense: noncriminal fine of $ 150, enforceable by an Ayer police officer.

(b)     Subsequent offense: noncriminal fine of $300, enforceable by an Ayer police officer, and written notification to the offender’s parole officer and/or probation officer, and the Commonwealth's Sex Offender Registry Board that the sex offender has violated a Town By-Law.


SECTION 10.  Maps and List of Safety Zones.  

One or more maps depicting the prohibited residency restriction areas defined by this by-law and depicting the safety zone areas defined by this by-law shall be created by the Town and maintained by the Ayer Police Department.  A written list describing the prohibited areas defined by this by-law, including school and/or camp bus stops, shall be created by the Town and maintained by the Ayer Police Department.  As to school and/or camps bus stops, the list shall govern over the maps. The list, maps and a copy of this by-law shall be available to the public at the Ayer Police Department, the Ayer Town Clerk’s office and on the Town of Ayer web site.  The Town shall review  the list and maps annually for changes.  

SECTION 11.  Severability.

If any portion of this by-law is deemed by a court of competent jurisdiction to be unconstitutional or otherwise invalid or unenforceable, such judgment shall not impair or invalidate or render unenforceable the remaining portions of this by-law.


        
ARTICLE LI - ANTI-LITTERING

Whoever disposes of garbage, trash, refuse, bottles, cans, containers, rubbish or other debris on a public or private way, or within twenty (20) yards thereof, or in inland waters, or on private property without the written permission of the owner, except in a designated waste receptacle or as may otherwise be directed by the Town or the property owner, shall be punished by a fine of three-hundred dollars ($300.00).

Enforcement:
This bylaw shall be enforced by any available means in law or equity, including but not limited to enforcement by non-criminal disposition pursuant to MG.L. c. 40 § 21D.  The enforcing authority shall be the Ayer Police Department, including any Police Officer in said Department; and the Ayer Board of Health. Each day a violation exists shall constitute a separate offense.

Approved by Massachusetts Attorney General September 11, 2013.



ARTICLE LII - UNREGISTERED VEHICLES

  • Definitions.
For the purposes of this Article, the following terms shall have the meanings indicated:

INOPERABLE VEHICLE -- any Motor Vehicle, as defined in Massachusetts General Laws, Chapter 90, section 1, that is not capable of being used as such in its existing condition by reason of being worn out, damaged or dismantled or failing to contain parts necessary for operation and which is ready for dismantling or destruction or which has been collected or stored for salvage or for stripping in order to make use of parts thereof, or any collection of parts from such a vehicle.

UNREGISTERED VEHICLE -- Any motor vehicle that it is not registered in accordance with Massachusetts General Laws, Chapter 90, Section 2.

  • License required.
No more than one (1) unregistered or inoperable vehicle shall be kept in any area of the Town of Ayer by the owner of the vehicle or by the owner or one in control of the premises wherein such vehicle is kept, unless a license has been granted in accordance with the procedure hereinafter described.
3.   Enclosed vehicles exempted.

Motor vehicles, including unregistered or inoperable vehicles, kept in an enclosed building shall not be subject to the provisions of this Article so long as they remain enclosed within a building. If more than one (1) motor vehicle is taken outside of a building, it shall be subject to the provisions of this Article.

Exempt businesses.

  • Any business which has a Class 1, 2 or 3 license for the sale of motor vehicles under the provisions of MGL C. 140, § 58, as amended, shall be exempt from the provisions of this Article.
  • This Article shall not apply to motor vehicles on property where the principal business use is a farm, garden or nursery, provided that such motor vehicle is necessary to the operation of such business.
License for keeping of unregistered or inoperable vehicles.

  • A license to keep more than one (1) unregistered or inoperable vehicle may be requested by filing an application, in writing, with the Board of Selectmen. The Board of Selectmen shall hold a public hearing upon such request.
  • Notice of the public hearing shall be provided by publication in a newspaper having a general circulation in Ayer at least seven (7) days before the date of the hearing and notification to all abutters, within three hundred (300) feet of any part of the storage property, via certified letter with a return receipt at least seven (7) days prior to the date of the public hearing.  Said return receipts shall be provided to the Board of Selectmen or its designee at the time of the public hearing.  Failure to provide return receipts may be grounds for disapproval of the application for storage.. All costs of publication and notice to abutters shall be paid by the applicant for the license. The Applicant shall be responsible for actually publishing the notice and sending it to all abutters as outlined herein.
  • The Board of Selectmen may grant a license for a period not longer than one (1) year, upon such conditions as the Selectmen deem proper, to allow unregistered and inoperable vehicles to be kept in the open, after a public hearing has been held and the Selectmen determine that the keeping of the same will not create a hazard to the public safety or will not become a public nuisance, and that no unsightly conditions visible from public streets or ways, or abutting properties, exist or will be created. Renewals of said license may be granted at the discretion of the Board of Selectmen subject to compliance with the public hearing procedure established herein.
  • Upon the filing with the Board of Selectmen of a petition signed by at least ten (10) registered voters of the Town of Ayer requesting revocation of any license issued under this Article, the Selectmen shall hold a public hearing to review the conduct of the licensee under said license. If the Selectmen determine that the operation of the licensee under said license is such as to create a hazard to the public safety or to constitute a public nuisance or that unsightly conditions visible from public streets or ways, or abutting properties exist, the Selectmen, by a majority vote, may revoke said license. The effective date of such revocation shall be thirty (30) days after said vote of revocation.
  • The Board of Selectmen may waive the public hearing requirement to allow the keeping of more than one (1) unregistered or inoperable vehicle on the property owner’s premises for a period of fourteen (14) days or less if it finds that no hazards to health or safety are involved and no unsightly conditions visible from public streets or ways, or abutting properties, exist or will be created by the storage of said vehicles for such temporary period of time.
Enforcement and penalty.

This bylaw shall be enforced by any available means in law or equity, including but not limited to enforcement by non-criminal disposition pursuant to MG.L. c. 40 § 21D.  The penalty for violation of this Article shall be punished by a fine of three-hundred dollars ($300.00).The enforcing authority shall be the Ayer Police Department and/or the Ayer Building Commissioner. Each day a violation exists shall constitute a separate offense.

Approved by Massachusetts Attorney General September 11, 2013.



ARTICLE LIII - ENFORCEMENT

1.  Enforcement through Indictment or on Complaint to District Court

Any bylaw, rule or regulation of the Town of Ayer, duly adopted and in force, may be enforced through any lawful means in law or in equity including but not limited to enforcement by criminal indictment or on complaint before the district court pursuant to G.L. c. 40, § 21.  Each day that a violation exists shall constitute a separate offense.  A fine of up to $300.00 may be imposed for each violation.

2.  Non-Criminal Disposition.

Any bylaw, rule or regulation of the Town of Ayer its officers, boards or departments, duly adopted and in force, the violation of which is subject to a specific penalty, may in the discretion of the Town official who is the appropriate enforcing person, be enforced in the method provided in Section 21D of Chapter 40 of the Massachusetts General Laws.  The specific penalty for purposes of non-criminal disposition for each such violation, if not otherwise specified, shall be $300.00.  

3.Enforcing Authority

The enforcing authority hereunder, in addition to any officer or authorized person specified in any particular bylaw or rule or regulation of the Town, shall be the Ayer Police Department, including any Police Officer in said Department.  In addition, the following officers may enforce the following bylaws:

Anti-Littering Bylaw:  Board of Health; Building Inspector;
Nuisance Bylaw:  Building Inspector; Ayer Board of Health
Wetlands:  Conservation Commission
Unregistered Vehicles Bylaw:  Ayer Police Department; Building Inspector

Approved by Massachusetts Attorney General September 11, 2013.



updated 2/28/2014

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