Mass. Gen. Laws ch. 40 – Powers and Duties of Cities and Towns | Midpage

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Massachusetts General Laws

Chapter 40

Mass. Gen. Laws ch. 40

Powers and Duties of Cities and Towns

1Nature and scope 1ADistrict defined 1BDistricts; power to sue and be sued; insurance; defense of civil actions 2Towns; power to sue and be sued 3Towns; power to hold, lease and convey property 3ACities, towns and districts; binding effect thereon of recordable instruments of title affecting interests in real estate as to good faith purchasers notwithstanding inconsistency of law therewith 4Towns; power to contract; purposes 4AGovernmental units; joint operation of public activities; termination of agreement; ''governmental unit'' defined; financial safeguards 4DContracts with state or public authority for construction of public works 4EEducation collaboratives 4FPurchase of clothing or apparel; restrictions 4IGrowth and development policy committees; definitions 4JPublic safety mutual aid agreement; procedure for joining agreement; requests to receive assistance; rights and responsibilities of requesting and sending parties 4KPublic works municipal mutual aid agreement; procedure for joining agreement; advisory committee; requests to receive assistance; rights and responsibilities of requesting and sending parties 4A1/2Joint powers agreements 5Appropriation of money for exercise of corporate powers 5ACities; reserve funds for extraordinary expenditures; establishment 5BStabilization funds; establishment 5CDistricts; reserve funds for extraordinary expenditures; establishment 5DContributory retirement system funds; recovery of pension costs 5EUnemployment compensation fund; deposit and investment; payments 5FAmbulance services; recreational facilities; service charges; credit card payments 5GMunicipal waterways improvement and maintenance funds 5HCentennial celebrations; funds 6Towns; reserve funds for extraordinary expenditures; establishment 6AAdvertising 6BUniforms and other outer clothing for members of police and fire departments and shellfish constabulary; clothing allowance 6CRemoval of ice and snow from private ways; conditions 6DRemoval of ice and snow from private ways; submission to electorate; ballot 6JStormy weather work clothes; purchase 6KUniforms of public health nurses; purchase 6LStormy weather work clothes; lease or rental 6NPrivate ways; temporary repairs, ordinances or by-laws 6OGroup life insurance premiums; permanent employees 7Removal of ice and snow from sidewalks in towns 7APrevention of automobile accidents 8Enforcement of laws relating to civil service 8ADevelopment and industrial commission; establishment; duties; membership; tenure; removals; vacancies 8BCouncil on aging; establishment; annual reports; recommendations by department; clerks and employees 8CConservation commission; establishment; powers and duties 8DHistorical commission; establishment; powers and duties 8EYouth commission; establishment; powers and duties 8FConsumer advisory commission; establishment; annual report; clerks and employees 8GMutual police aid programs; agreements 8HRecycling programs 8IEnergy resources commission; powers and duties 8JDisability commission; powers and duties; members; terms 8KMapping commissions; powers and duties; members 8LMunicipal agricultural commission 9Lease of building space for veterans' organizations; limitations; erection of armories; celebration of holidays 10Public markets; establishment; conditions; regulation 11Prevention of forest fires 11ABeach districts; formation 12Public baths and wash houses 12BBeaches for public and recreational uses; formation of district; membership of control commission; annual audit 12CConstruction of beach facilities; rules and regulations 12DAuthority to incur indebtedness; limitation 12ETreasurer of district; appointment; bond; powers and duties 12FEmployees 12GLeasing of concessions; procedure 13Municipal buildings insurance fund; management; use 13AWorkers' compensation insurance funds; management 13BResidence quarters for school physicians 13CWorkers' compensation claims reserve funds 13DReserve fund for future payment of accrued liabilities for compensated absences due employee or officer of town upon termination of employment 13ESchool district reserve funds to pay for unanticipated or unbudgeted costs for special education, out-of-district tuition or transportation 14Purchase of land; conditions; limitations; definition 15Abandonment of rights in realty; conditions 15ATransfer of land; procedure 15BWater supply works; sale or exchange of property 15CScenic road designations; improvements; fines 16Street sprinkling 17Assessment 18Collection of assessment 19Appropriation of money for providing common necessaries during war or other public exigency; purposes; use of funds 20Selling price of necessities; accounting 21By-laws of towns; purpose 21APowers of cities and towns; regulation of working conditions of employees 21BPersonnel relations review board; establishment; purpose; ''grievance'', defined 21CUnion conventions; leave of absence 21DNoncriminal disposition of ordinance, by-law, rule or regulation violations 21EMunicipal charges and bills; due dates; interest 21C1/2Employees who are veterans; participation in Veterans or Memorial Day exercises; time off granted; exceptions 22Regulation of vehicles; penalties for violation; veterans with disabilities and persons with disabilities excepted from parking violations; taxicab licenses 22AParking meters; fees; exemption from fees for veterans with disabilities and persons with disabilities; bicycle locking devices; motorcycle parking; restricted parking areas for veterans and persons with a disability 22BAcquisition and maintenance of off-street parking areas and facilities; conditions; exceptions 22COff-street parking lots; installation of parking meters and other devices; use of receipts 22DVehicles parked in violation of law; removal 22ELease of air space above structures and facilities 22FLicense fees; service charges; acceptance of section 22GFunds received from fines for handicap parking violations; deposits in account; expenditures 22A1/2Parking benefit districts 22A3/4Designation of parking space for veteran parking at city or town hall 23Powers of cities; regulation of erection and maintenance of balustrades; penalty for violation 24Powers of cities; regulation of the quality of ice; penalty for violation 31Powers of towns; performance of duty imposed by by-laws 32Validation of by-laws; procedure 32APublication of ordinances 32BPublication of compilations of zoning ordinances; supplements; distribution and sale 33Rules and regulations promulgated by town boards; filing 34Town; erection and maintenance of lockup; penalty for noncompliance 35Keeper; appointment; oath; penalty for failure to appoint keeper 36Keeper; powers; compensation; fees 36AReport of death or suicide of lockup inmates; records of attempts at, or threats of, suicide 36BCells; protective coverings, electronic audio systems and electronic security devices 36CPolice; training in suicide detection, intervention and prevention 37Accessibility of lockup to police; penalty for refusing access 37ACurfews; imposition; penalties 38Purchase, development and use of public water supply 39Conveying water through another town; liability for damages 39AWater supply or distributing system; establishment; maintenance and operation; exception 39BAcquisition of land and water; conditions 39CConstruction and maintenance of dams, wells, reservoirs and other buildings; conditions 39DSurveys 39EManagement of water system 39FDamages 39GPollution of water; damage to property; penalties 39HRight to aid other governmental units; compensation 39IWater meters; testing 39JPricing system; costs 39KDrinking water protection district; establishment; commission; pricing system; fund 39LWater or sewer service charges; descending unit rate basis 39MWater infrastructure surcharge on real property; exemptions; appeal; Municipal Water Infrastructure Investment Fund 41Protection of water supply; conditions 41AUse of water in emergencies 42Laying pipes and conduits 42ACollection of rates and charges for supplying of water; lien for delinquent charges 42BEffective date of lien; termination; enforcement 42CUnpaid charges; report to tax collector 42DUnpaid charges; collection as part of property tax 42EAbatements; appeals 42FRecovery of delinquent charges from tenants 42GDistribution of water; payment of costs by special assessment 42HUniform rate of assessment 42IRecordation of assessment to establish lien on property; amount of assessment; extension of time for payment 42JDeferral of charges 42KAssessment of betterments 43Authorization for laying of pipes for the transmission of steam or hot water 43APermission to construct pipelines for conveying petroleum or by-products thereof; conditions 44Improvement districts; purposes; membership; tenure; powers and duties 44ARegional refuse disposal planning committee 44BRegional refuse disposal planning board; study of creation of district; expenses of board; refuse disposal facility defined 44CRegional refuse disposal planning board; agreement for establishment of district 44DReport of board 44EAcceptance of recommendation; election; establishment of district 44FGeneral powers of district 44GExercise of powers; officers of committee 44HMaintenance and operating expenses; debts; determination and apportionment 44IAnnual audit and report; costs 44JSale, lease or license of lands or facilities to refuse disposal districts 44KBonds and notes; limit of indebtedness 44LIssuance of debt obligations to pay for project costs 45Recognizance; permission to designate an agent 46Certification of claims 47Town seal; establishment; use 48Establishment of suitable place to keep books; penalty for noncompliance; custody of books and records 49Annual town reports; publication; penalty for noncompliance 50Annual town report; copy to state library 51Publication of information concerning persons receiving aid from governmental agencies forbidden; exceptions; penalties 52Size of official letters 53Restraint of illegal appropriations; ten taxpayer actions 54Building permit restrictions; availability of water supply; disposal of debris 54AState consent to issuance of permit to build on lands formerly used as a railroad right-of-way; damages in absence thereof 55Annuity contract, custodial account or other investment for hospital employees 56Percentages of local tax levy for property 57Local licenses and permits; denial, revocation or suspension for failure to pay municipal taxes or charges 58Municipal charges lien 59Tax increment financing plan 60Urban center housing tax increment financing zone (UCH–TIF)60AManufacturing workforce training tax increment financing plan 60BWorkforce housing special tax assessment plan 61Definitions applicable to Secs. 61 to 69 62Contracts for the inspection, maintenance, repair or modification of water storage facility authorized 63Term of contract awarded under Sec. 62 and option for renewal or extension; contents of contract and obligations thereunder; requirements relating to capital modifications, capital repairs, installation of equipment and systems or second interior or exterior coating 64Solicitation of proposals; statement of compliance with occupation health and safety requirements 65Acceptance of proposal and award of contract; notice; statement of reasons for acceptance 66Terms and conditions of contract awarded under Secs. 61 to 69; bond or other security for the obligation of selected offeror 67Project approval certificates from department of environmental protection 68Contracts made in violation of Secs. 61 to 69 void and unenforceable 69Public notice of request for proposal 70Preference for affordable housing to low- or moderate-income veterans; municipality credit; proof of veteran status and income eligibility 71School bus violation detection monitoring systems; installation and operation