General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART I ADMINISTRATION OF THE GOVERNMENT |
TITLE VII. CITIES, TOWNS AND DISTRICTS |
CHAPTER 40. POWERS AND DUTIES OF CITIES AND TOWNS |
SECTION 1. Nature and scope |
SECTION 1A. District defined |
SECTION 1B. Districts; power to sue and be sued; insurance; defense of civil actions |
SECTION 2. Towns; power to sue and be sued |
SECTION 3. Towns; power to hold, lease and convey property |
SECTION 4. Towns; power to contract; purposes |
SECTION 4A. Governmental units; joint operation of public activities; termination of agreement; ''governmental unit'' defined; financial safeguards |
SECTION 4A1/2. Joint powers agreements |
SECTION 4B. Repealed, 1989, 687, Sec. 8 |
SECTION 4B1/2. Repealed, 1989, 687, Sec. 9 |
SECTION 4C. Repealed, 1965, 763, Sec. 1 |
SECTION 4D. Contracts with state or public authority for construction of public works |
SECTION 4E. Education collaboratives |
SECTION 4F. Purchase of clothing or apparel; restrictions |
SECTION 4G. Repealed, 1989, 687, Sec. 10 |
SECTION 4H. Repealed, 1989, 687, Sec. 11 |
SECTION 4I. Growth and development policy committees; definitions |
SECTION 4J. Public safety mutual aid agreement; procedure for joining agreement; requests to receive assistance; rights and responsibilities of requesting and sending parties |
SECTION 5. Appropriation of money for exercise of corporate powers |
SECTION 5A. Cities; reserve funds for extraordinary expenditures; establishment |
SECTION 5B. Stabilization funds; establishment |
SECTION 5C. Districts; reserve funds for extraordinary expenditures; establishment |
SECTION 5D. Contributory retirement system funds; recovery of pension costs |
SECTION 5E. Unemployment compensation fund; deposit and investment; payments |
SECTION 5F. Ambulance services; recreational facilities; service charges; credit card payments |
SECTION 5G. Municipal waterways improvement and maintenance funds |
SECTION 5H. Centennial celebrations; funds |
SECTION 6. Towns; reserve funds for extraordinary expenditures; establishment |
SECTION 6A. Advertising |
SECTION 6B. Uniforms and other outer clothing for members of police and fire departments and shellfish constabulary; clothing allowance |
SECTION 6C. Removal of ice and snow from private ways; conditions |
SECTION 6D. Removal of ice and snow from private ways; submission to electorate; ballot |
SECTION 6E to 6I. Repealed, 1977, 693, Sec. 1 |
SECTION 6J. Stormy weather work clothes; purchase |
SECTION 6K. Uniforms of public health nurses; purchase |
SECTION 6L. Stormy weather work clothes; lease or rental |
SECTION 6M. Repealed, 1977, 693, Sec. 1 |
SECTION 6N. Private ways; temporary repairs, ordinances or by-laws |
SECTION 6O. Group life insurance premiums; permanent employees |
SECTION 7. Removal of ice and snow from sidewalks in towns |
SECTION 7A. Prevention of automobile accidents |
SECTION 8. Enforcement of laws relating to civil service |
SECTION 8A. Development and industrial commission; establishment; duties; membership; tenure; removals; vacancies |
SECTION 8B. Council on aging; establishment; annual reports; recommendations by department; clerks and employees |
SECTION 8C. Conservation commission; establishment; powers and duties |
SECTION 8D. Historical commission; establishment; powers and duties |
SECTION 8E. Youth commission; establishment; powers and duties |
SECTION 8F. Consumer advisory commission; establishment; annual report; clerks and employees |
SECTION 8G. Mutual police aid programs; agreements |
SECTION 8H. Recycling programs |
SECTION 8I. Energy resources commission; powers and duties |
SECTION 8J. Disability commission; powers and duties; members; terms |
SECTION 8K. Mapping commissions; powers and duties; members |
SECTION 8L. Municipal agricultural commission |
SECTION 9. Lease of building space for veterans' organizations; limitations; erection of armories; celebration of holidays |
SECTION 9A. Repealed, 1949, 563, Sec. 2 |
SECTION 10. Public markets; establishment; conditions; regulation |
SECTION 11. Prevention of forest fires |
SECTION 11A. Beach districts; formation |
SECTION 12. Public baths and wash houses |
SECTION 12A. Repealed, 1941, 598, Sec. 5 |
SECTION 12B. Beaches for public and recreational uses; formation of district; membership of control commission; annual audit |
SECTION 12C. Construction of beach facilities; rules and regulations |
SECTION 12D. Authority to incur indebtedness; limitation |
SECTION 12E. Treasurer of district; appointment; bond; powers and duties |
SECTION 12F. Employees |
SECTION 12G. Leasing of concessions; procedure |
SECTION 13. Municipal buildings insurance fund; management; use |
SECTION 13A. Workers' compensation insurance funds; management |
SECTION 13B. Residence quarters for school physicians |
SECTION 13C. Workers' compensation claims reserve funds |
SECTION 13D. Reserve fund for future payment of accrued liabilities for compensated absences due employee or officer of town upon termination of employment |
SECTION 13E. School district reserve funds to pay for unanticipated or unbudgeted costs for special education, out-of-district tuition or transportation |
SECTION 14. Purchase of land; conditions; limitations; definition |
SECTION 15. Abandonment of rights in realty; conditions |
SECTION 15A. Transfer of land; procedure |
SECTION 15B. Water supply works; sale or exchange of property |
SECTION 15C. Scenic road designations; improvements; fines |
SECTION 16. Street sprinkling |
SECTION 17. Assessment |
SECTION 18. Collection of assessment |
SECTION 19. Appropriation of money for providing common necessaries during war or other public exigency; purposes; use of funds |
SECTION 20. Selling price of necessities; accounting |
SECTION 21. By-laws of towns; purpose |
SECTION 21A. Powers of cities and towns; regulation of working conditions of employees |
SECTION 21B. Personnel relations review board; establishment; purpose; ''grievance'', defined |
SECTION 21C. Union conventions; leave of absence |
SECTION 21C1/2. Employees who are veterans; participation in Veterans or Memorial Day exercises; time off granted; exceptions |
SECTION 21D. Noncriminal disposition of ordinance, by-law, rule or regulation violations |
SECTION 21E. Municipal charges and bills; due dates; interest |
SECTION 22. Regulation of vehicles; penalties for violation; disabled veterans and handicapped persons excepted from parking violations; taxicab licenses |
SECTION 22A1/2. Parking benefit districts |
SECTION 22A3/4. Designation of parking space for veteran parking at city or town hall |
SECTION 22B. Acquisition and maintenance of off-street parking areas and facilities; conditions; exceptions |
SECTION 22C. Off-street parking lots; installation of parking meters and other devices; use of receipts |
SECTION 22D. Vehicles parked in violation of law; removal |
SECTION 22E. Lease of air space above structures and facilities |
SECTION 22F. License fees; service charges; acceptance of section |
SECTION 22G. Funds received from fines for handicap parking violations; deposits in account; expenditures |
SECTION 23. Powers of cities; regulation of erection and maintenance of balustrades; penalty for violation |
SECTION 24. Powers of cities; regulation of the quality of ice; penalty for violation |
SECTION 25 to 30B. Repealed, 1954, 368, Sec. 1 |
SECTION 31. Powers of towns; performance of duty imposed by by-laws |
SECTION 32. Validation of by-laws; procedure |
SECTION 32A. Publication of ordinances |
SECTION 32B. Publication of compilations of zoning ordinances; supplements; distribution and sale |
SECTION 33. Rules and regulations promulgated by town boards; filing |
SECTION 34. Town; erection and maintenance of lockup; penalty for noncompliance |
SECTION 35. Keeper; appointment; oath; penalty for failure to appoint keeper |
SECTION 36. Keeper; powers; compensation; fees |
SECTION 36A. Report of death or suicide of lockup inmates; records of attempts at, or threats of, suicide |
SECTION 36B. Cells; protective coverings, electronic audio systems and electronic security devices |
SECTION 36C. Police; training in suicide detection, intervention and prevention |
SECTION 37. Accessibility of lockup to police; penalty for refusing access |
SECTION 37A. Curfews; imposition; penalties |
SECTION 38. Purchase, development and use of public water supply |
SECTION 39. Conveying water through another town; liability for damages |
SECTION 39A. Water supply or distributing system; establishment; maintenance and operation; exception |
SECTION 39B. Acquisition of land and water; conditions |
SECTION 39C. Construction and maintenance of dams, wells, reservoirs and other buildings; conditions |
SECTION 39D. Surveys |
SECTION 39E. Management of water system |
SECTION 39F. Damages |
SECTION 39G. Pollution of water; damage to property; penalties |
SECTION 39H. Right to aid other governmental units; compensation |
SECTION 39I. Water meters; testing |
SECTION 39J. Pricing system; costs |
SECTION 39J1/2. Repealed, 1990, 177, Secs. 102, 103 |
SECTION 39K. Drinking water protection district; establishment; commission; pricing system; fund |
SECTION 39L. Water or sewer service charges; descending unit rate basis |
SECTION 39M. Water infrastructure surcharge on real property; exemptions; appeal; Municipal Water Infrastructure Investment Fund |
SECTION 40. Repealed, 1985, 592, Sec. 2 |
SECTION 41. Protection of water supply; conditions |
SECTION 41A. Use of water in emergencies |
SECTION 41B, 41C. Repealed, 1968, 548, Sec. 2 |
SECTION 42. Laying pipes and conduits |
SECTION 42A. Collection of rates and charges for supplying of water; lien for delinquent charges |
SECTION 42B. Effective date of lien; termination; enforcement |
SECTION 42C. Unpaid charges; report to tax collector |
SECTION 42D. Unpaid charges; collection as part of property tax |
SECTION 42E. Abatements; appeals |
SECTION 42F. Recovery of delinquent charges from tenants |
SECTION 42G. Distribution of water; payment of costs by special assessment |
SECTION 42H. Uniform rate of assessment |
SECTION 42I. Recordation of assessment to establish lien on property; amount of assessment; extension of time for payment |
SECTION 42J. Deferral of charges |
SECTION 42K. Assessment of betterments |
SECTION 43. Authorization for laying of pipes for the transmission of steam or hot water |
SECTION 43A. Permission to construct pipelines for conveying petroleum or by-products thereof; conditions |
SECTION 44. Improvement districts; purposes; membership; tenure; powers and duties |
SECTION 44A. Regional refuse disposal planning committee |
SECTION 44B. Regional refuse disposal planning board; study of creation of district; expenses of board; refuse disposal facility defined |
SECTION 44C. Regional refuse disposal planning board; agreement for establishment of district |
SECTION 44D. Report of board |
SECTION 44E. Acceptance of recommendation; election; establishment of district |
SECTION 44F. General powers of district |
SECTION 44G. Exercise of powers; officers of committee |
SECTION 44H. Maintenance and operating expenses; debts; determination and apportionment |
SECTION 44I. Annual audit and report; costs |
SECTION 44J. Sale, lease or license of lands or facilities to refuse disposal districts |
SECTION 44K. Bonds and notes; limit of indebtedness |
SECTION 44L. Issuance of debt obligations to pay for project costs |
SECTION 45. Recognizance; permission to designate an agent |
SECTION 46. Certification of claims |
SECTION 47. Town seal; establishment; use |
SECTION 48. Establishment of suitable place to keep books; penalty for noncompliance; custody of books and records |
SECTION 49. Annual town reports; publication; penalty for noncompliance |
SECTION 50. Annual town report; copy to state library |
SECTION 51. Publication of information concerning persons receiving aid from governmental agencies forbidden; exceptions; penalties |
SECTION 52. Size of official letters |
SECTION 53. Restraint of illegal appropriations; ten taxpayer actions |
SECTION 54. Building permit restrictions; availability of water supply; disposal of debris |
SECTION 54A. State consent to issuance of permit to build on lands formerly used as a railroad right-of-way; damages in absence thereof |
SECTION 55. Annuity contract, custodial account or other investment for hospital employees |
SECTION 56. Percentages of local tax levy for property |
SECTION 57. Local licenses and permits; denial, revocation or suspension for failure to pay municipal taxes or charges |
SECTION 58. Municipal charges lien |
SECTION 59. Tax increment financing plan |
SECTION 60. Urban center housing tax increment financing zone (UCH–TIF) |
SECTION 60A. Manufacturing workforce training tax increment financing plan |
SECTION 60B. Workforce housing special tax assessment plan |
SECTION 61. Definitions applicable to Secs. 61 to 69 |
SECTION 62. Contracts for the inspection, maintenance, repair or modification of water storage facility authorized |
SECTION 64. Solicitation of proposals; statement of compliance with occupation health and safety requirements |
SECTION 65. Acceptance of proposal and award of contract; notice; statement of reasons for acceptance |
SECTION 66. Terms and conditions of contract awarded under Secs. 61 to 69; bond or other security for the obligation of selected offeror |
SECTION 67. Project approval certificates from department of environmental protection |
SECTION 68. Contracts made in violation of Secs. 61 to 69 void and unenforceable |
SECTION 69. Public notice of request for proposal |