THE MUNICIPAL CODE OF METHUEN, MASSACHUSETTS 2000
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THE CHARTER AND THE GENERAL ORDINANCES OF THE CITY
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PUBLISHED BY ORDER OF THE METHUEN CITY COUNCIL
COUNCILLORS:
JOHN A. CRONIN, JR. (Chairman)
JEANNE PAPPALARDO (Vice Chairwoman)
JOYCE C. CAMPAGNONE
JENNIFER KANNAN
STEPHEN N. ZANNI
PHILIP J. LAHEY, JR.
LARRY F. GIORDANO
PATRICIA ULIANO
JAMES M. HAJJAR
MAYOR: WILLIAM M. MANZI, III
CITY CLERK: CHRISTINE TOUMA-CONWAY
CITY SOLICITOR: PETER J. MCQUILLAN
Chapter A. Enacting Ordinance for Code
Chapter 1. General Provisions
Chapter 2. City Council
Chapter 3. Administration
Chapter 4. Code of Ethics
Chapter 4A. Additional Conflicts of Interest
Chapter 5. Financial Procedures
Chapter 6. Personnel Ordinance
Chapter 6A. Personnel Ordinance - Mayor
Chapter 7. Municipal Contracts
Chapter 7A. Other Contracts
Chapter 7B. Purchase Agreements
Chapter 7C. Accountant's Certificate as to Availability of Funds
Chapter 8. Fees
Chapter 9. Public Peace, Safety and Order
Chapter 10. Building Construction Standards
Chapter 10A. Building and Property Maintenance Code
Chapter 11. Zoning
Chapter 12. Wetlands Protection
Chapter 13. Licensing
Chapter 14. Sewers
Chapter 15. Water
Chapter 16. Streets, Highways, Sidewalks and Bridges
Chapter 17. Non-Criminal Disposition of Municipal Ordinance, Rule or Regulation Violations
Chapter 18. Public Parks, Playgrounds and Beaches
Chapter 19. Soil Removal Ordinance
Chapter 20. Municipal Property
Chapter 21. Fair Housing
Chapter 22. Comprehensive Ordinance Governing States of Emergency in Methuen
Chapter 23. Dog Regulation Ordinance
Chapter 24. Methuen Historic District Ordinance
Chapter 25 Demolition Delay Ordinance
Chapter 26 Developers Watchlist Ordinance
Chapter 27 Registered Sex Offender Restrictions
Chapter 28 Trench Safety Ordinance
Appendix I. Methuen Home Rule Charter II
Appendix I-A. Charter Amendments
Appendix II. Permissive Legislation Adopted by the Municipality
Appendix II-A. Special Laws Relative to Methuen
Appendix III. Amendments to 1973 Ordinance
Appendix IV. Amendments to 1983 Code
Appendix V. Initiative Petitions Adopted by the Municipality
Appendix VI. Amendments to 1997 Code Index
Appendix VII Amendments to 2000 Code
TABLE OF CONTENTS
CHAPTER A. ENACTING ORDINANCE FOR CODE
CHAPTER 1. - GENERAL PROVISIONS
Article I. The Municipal Code of Methuen
Sec. 1-1.
How Code designed and cited; continuation of existing ordinances
Sec. 1-2.
Repeal of ordinances
Sec. 1-3.
Acts, right, penalties and pending litigation not affected
Sec. 1-4.
Effect of adoption on terms and duties of officers
Sec. 1-5.
Effective date of ordinances
Sec. 1-6.
Rules for construction of ordinances
Sec. 1-7.
Reserved
Sec. 1-8.
Severability of parts of volume
Sec. 1-9.
Forms of expression by City council
Article II. Ordinances
Division 1. Generally
Sec. 1-10.
Definition; enacting style
Sec. 1-11.
Definition of terms; construction of ordinances
Sec. 1-12.
Licensing power
Sec. 1-13.
Recordation
Sec. 1-14.
City Solicitor's determining legality
Division 2. Passage, Amendment and Repeal
Sec. 1-15.
Majority vote required
Sec. 1-16.
How passed on petition
Sec. 1-17.
Effect of repeal
Sec. 1-18.
Repeal not to affect act done, right accruing, etc.
Division 3. Fines, Penalties and Limitation of Prosecutions
Sec. 1-19.
Penalties for violation
Sec. 1-20.
General penalty
Sec. 1-21.
Fines and penalties inure to use of City
Sec. 1-22.
Limitation of prosecutions
Article III. The City Seal
Sec. 1-23.
City seal
Sec. 1-24.
Custody and use of City seal
Article IV. Time for Performance
Sec. 1-25.
Time for performance of acts performable on Sunday or Holiday
Article V. Reorganization
Sec. 1-26.
Rules governing reorganization plans by Mayor
CHAPTER 2 - CITY COUNCIL
Article I. Council Meetings
Sec. 2-1.
Regular meetings of the City Council
Sec. 2-2.
Special meetings of the City Council
Sec. 2-3.
All meetings to be open to public
Sec. 2-4.
Reserved
Sec. 2-5.
Reserved
Sec. 2-6.
Reserved
Sec. 2-7.
Reserved
Sec. 2-8.
Reserved
Sec. 2-9.
Reserved
Sec. 2-10.
Reserved
Sec. 2-11.
Ballot Question summaries
Sec. 2-12.
Reserved
Sec. 2-13.
Mailers on referendum measures
Sec. 2-14.
Re-Districting notification to public
Sec. 2-15.
Home Rule Petitions Amending State Laws/Public Hearings
Sec. 2-16.
Charter Amendment Process/Public Hearings
Sec. 2-17.
Ordinances, resolutions, motions and contracts
Sec. 2-18.
First reading procedures
Sec. 2-19.
Reserved
Sec. 2-20.
Compensation - City Council Members
Article II. Employees Employed by the Council
Sec. 2-21.
Repealed - Chapter 332 of 1992
Sec. 2-22.
Accountant
Sec. 2-23.
Clerk of Council
Sec. 2-24.
Department of Law
Sec. 2-25.
Compensation, hours and duties
CHAPTER 3. - ADMINISTRATION
Article I. General
Sec. 3-1.
Definitions
Sec. 3-2.
Chief Administrator
Sec. 3-2A.
Temporary absence of Mayor
Article II. Departments
Sec. 3-3.
Departmental Organization
Sec. 3-4.
Oaths of Office
Sec. 3-5.
Administrative policy and procedures
Sec. 3-6.
Reserved
Sec. 3-7.
Department of Treasury and Tax Collection
Sec. 3-8.
Reserved
Sec. 3-9.
Department of Public Works
Sec. 3-9A.
Repealed (See APP. V. - Initiative Petitions)
Sec. 3-10.
Department of Records
Sec. 3-11.
Community Development Department
Sec. 3-12.
Department of Assessment
Sec. 3-13.
Fire Department
Sec. 3-14.
Reserved
Sec. 3-15.
Police Department
Article III. Boards, Commissions and Officers
Sec. 3-16.
Civil Defense Director
Sec. 3-17.
Conservation Commission
Sec. 3-18.
Constables
Sec. 3-19.
Contributory Retirement Board
Sec. 3-20.
Animal Control Officer
Sec. 3-21.
Board of Health
Sec. 3-22.
Historical Commission
Sec. 3-22A.
Historic District Study Committee
Sec. 3-23.
Licensing Board
Sec. 3-24.
Registrars of Voters
Sec. 3-25.
Commissioners of Trust Funds
Sec. 3-26.
Youth Commission
Sec. 3-27.
Housing Authority
Sec. 3-28.
Veterans' Services Director
Sec. 3-29.
Methuen Cultural Council
Sec. 3-30.
Council on Aging
Sec. 3-31.
Disability Commission
Sec. 3-32.
Tourism Committee
Sec. 3-40.
Board of Library Commissioners
Sec. 3-50.
Residency Requirements
Sec. 3-60.
Boards and Commissions Cost Reimbursement
Sec. 3-70.
Public Advertisement for Boards and Commissions
Sec. 3-80.
Establishing Ten Year Limit on Terms of Office for Members of Boards and Commissions
Sec. 3-90.
Travel and participation in training sessions where private entities provide
financing
CHAPTER 4 - CODE OF ETHICS
Sec. 4-1.
Code of Ethics for City Officials
CHAPTER 4A - ADDITIONAL CONFLICT OF INTEREST
Sec. 4A-1.
Declaration of Policy
Sec. 4A-2.
Definitions
Sec. 4A-3.
Prohibition
Sec. 4A-4.
Further Prohibitions
79
Sec. 4A-4A.
Family Disclosure
Sec. 4A-5.
Violation
Sec. 4A-6.
Request for Opinion
Sec. 4A-7.
Statement of Compliance
Sec. 4A-8.
Delivery of Ordinances
Sec. 4A-9.
Effective Date
CHAPTER 5 - FINANCIAL PROCEDURES
Sec. 5-1.
Date of annual organization for budget purposes
Sec. 5-2.
Report of estimated expenses; period covered; contents
Sec. 5-3.
Submission to City Council; procedure for approval, rejection or alteration
Sec. 5-4.
Power of Council to add to appropriation, conditions; limitations
Sec. 5-5.
Salary provisions in budget; requirements and limitations
Sec. 5-6.
Transfer of appropriations; restrictions
CHAPTER 6 - PERSONNEL ORDINANCE
Sec. 6-1.
Authorization
Sec. 6-2.
Definitions
Sec. 6-3.
Mayor
Sec. 6-4.
Classification Plan
Sec. 6-5.
Compensation Plan
Sec. 6-6.
Amendment of the plans
Sec. 6-7.
Reserved
Sec. 6-8.
Work week
Sec. 6-9.
Initial application of the compensation plan
Sec. 6-10.
Overtime compensation
Sec. 6-11.
Paid holidays
Sec. 6-12.
Vacation policy - eligibility on anniversary date
Sec. 6-12A.
Vacation leave buy-back
Sec. 6-12B.
Vacation carry-forward
Sec. 6-13.
Sick leave
Sec. 6-13A
Sick Leave Buy-back Annual (council employees)
Sec. 6-13B
Emergency Days (council employees)
Sec. 6-14.
Bereavement leave
Sec. 6-15.
Jury leave
Sec. 6-16.
Military leave
Sec. 6-17.
Other leave
Sec. 6-18.
Physical examinations
Sec. 6-19.
Civil Service Laws
Sec. 6-20.
Residency requirement
Sec. 6-20A.
Residency in the commonwealth
Sec. 6-21.
Travel policy
Sec. 6-22.
Career incentive (longevity)
Sec. 6-22A.
Academic credits - Fire Chief
Sec. 6-22B.
Career incentive - Fire Chief
Sec. 6-22C.
Cleaning Allowance - Police Chief and Fire Chief
107
Sec. 6-22D.
Clothing Allowance - Conservation Inspector
Sec. 6-23.
Posting Requirements
Sec. 6-24.
Effect of partial invalidity
CHAPTER 6A - PERSONNEL ORDINANCE - MAYOR
Sec. 6A-1.
Authorization
Sec. 6A-2.
Compensation
Sec. 6A-3.
Fringe Benefits
A. Vacation
B. Sick Leave
C. Health Insurance
D. Holidays
E. Bereavement Leave
Sec. 6A-4.
Jury Duty
Sec. 6A-5.
Hours of Work/Outside Activity
Sec. 6A-6.
Automobile Expense
Sec. 6A-7.
Dues and Subscriptions
Sec. 6A-8.
Development
Sec. 6A-9.
Residual Clause
CHAPTER 7 - MUNICIPAL CONTRACTS
Sec. 7-1.
Authority
Sec. 7-2.
Short Title
Sec. 7-3.
Scope
Sec. 7-4.
Definitions
Sec. 7-5.
Formal Requirements
Sec. 7-6.
Contract Clauses
Sec. 7-6A.
Proposal Submission Requirements
Sec. 7-7.
Awarding Form
Sec. 7-8.
Waiver
Sec. 7-9.
Amendments to Contract
Sec. 7-10.
Termination
Sec. 7-11.
Contract Awards
Sec. 7-12.
Recordkeeping
Sec. 7-13.
Massachusetts First Procurement Policy
Sec. 7-14.
Severability
Sec. 7-15.
Proposals Over $1,000.00 and Under $10,000.00
Sec. 7-16.
Bid or Proposal Process
Sec. 7-17
Regulating Bidding on Public Construction Projects
CHAPTER 7A - OTHER CONTRACTS
Sec. 7A-1.
Contracts other than Section 7-1 Contracts
CHAPTER 7B - PURCHASE AGREEMENTS
Sec. 7B.
Purchase Agreements
CHAPTER 7C - ACCOUNTANT'S CERTIFICATE AS TO AVAILABILITY
OF FUNDS
Sec. 7C.
Accountant’s certificate as to availability of funds
CHAPTER 8 - FEES
Sec. 8-1.
City Clerk's fees
Sec. 8-2.
Building permit fees
131
Sec. 8-3.
Electrical permit fees
Sec. 8-4.
Plumbing and gas fitting fees
Sec. 8-5.
License and permit fees
135
Sec. 8-5A.
Ambulance rates and charges
Sec. 8-5B
Fire Permit Fees
Sec. 8-6.
Denial, revocation or suspension for failure to pay municipal taxes or charges
140
Sec. 8-7.
Municipal charges lien
Sec. 8-8.
Uniform rates for unpaid municipal charges and bills
Sec. 8-9.
Sealer of Weights - Fees
Sec. 8-10.
Methuen Housing Authority Cooperative Agreements
Sec. 8-11
Disposal Fees
Sec. 8-12
Recreation Department Charges
Sec. 8-13
Cemetery Charges
Sec 8-14
Assessor's Services
CHAPTER 9 - PUBLIC PEACE, SAFETY AND ORDER
Article I. Animals
Sec. 9-11.
Pasturing of animals
Article II. General
Sec. 9-21.
City owned vehicles, use restricted
Sec. 9-22.
No motor boat with internal combustion engine except City authorized rescue
crafts
Sec. 9-23.
Dumping permits and charges
Sec. 9-24.
Banning garbage rummaging
Sec. 9-25.
Banning recycling waste material scavenging
Sec. 9-26.
Banning graffiti
Sec. 9-26A.
Removal of graffiti from public and private property
Sec. 9-27.
Prohibiting blocking sidewalks
Sec. 9-28.
Fences - use as clothesline prohibited
Sec. 9-29.
Prohibiting use of utility poles for commercial advertisements
Article III. Morals and Conduct
Sec. 9-31.
Reserved
Sec. 9-32.
Indecent and profane language prohibited
Sec. 9-33.
Public drinking
Sec. 9-34.
Hitchhiking prohibited
Sec. 9-35.
Pedestrian soliciting business
Sec. 9-36.
Loafing and loitering in streets; obstructing foot travelers
Sec. 9-37.
Common nuisance
Sec. 9-38.
Peeping tom
Sec. 9-39.
Alcohol on public property
Sec. 9-39A.
Underage sale of malt beverages
Sec. 9-39B.
Penalty for violating execution session
Sec. 9-40.
Rolling paper sales
Sec. 9-40A.
Banning possession or use of self-contained propellant cans near parades
Sec. 9-40B.
Prohibiting destruction of political signs
Sec. 9-40C.
Banning sale of spray paint to minors
Article IV. Licensing
Sec. 9-41.
Second-hand goods, license for
Sec. 9-42.
Self-service storage facilities
Sec. 9-43
Prohibiting Above Ground Storage of Class I Flammable Liquid Storage Tanks
Article V. Public Works and Ways
Sec. 9-51.
Snow and ice removal
Sec. 9-52.
Reserved
Sec. 9-53.
Towing vehicles during snow emergencies
Sec. 9-54.
Sidewalks
Sec. 9-55.
Handicapped parking
Sec. 9-55A.
Towing of vehicles in handicapped parking spaces
Sec. 9-56.
Repair of vehicles on public ways
Sec. 9-57.
Prohibiting improper use of fire hydrants
Sec. 9-58.
Prohibiting unregistered vehicles or trailers on public ways
Article VI. Environmental Protection
Sec. 9-61.
Regulation of loudspeakers, amplifiers and paging systems
Sec. 9-62.
Noise pollution control ordinance
Sec. 9-63.
Prohibiting the parking of trucks on residential streets
Sec. 9-64.
Noise pollution
Sec. 9-65
Unreasonable Noise
Sec. 9-66
Banning unregistered vehicles stored on properties
Article VII. Public Health
Sec. 9-71.
Wells to be kept covered
Sec. 9-72.
Storage of ashes
Sec. 9-73.
Litter and refuse
Sec. 9-74.
Swimming pool fences
Sec. 9-75.
Storage of rubbish
Sec. 9-76.
Prohibiting non-residents from leaving trash for curbside pick-up
Sec. 9-77.
Establishing a fine for negligent disposal of garbage and refuse
Sec. 9-78.
Occupancy certificate
Article VIII. Public Safety
Sec. 9-81.
Firearms, discharge of
Sec. 9-82.
Coasting or sliding on public ways
Sec. 9-83.
Fire prevention code
Sec. 9-84.
Air-tight containers
Sec. 9-85.
Security alarm systems
Sec. 9-86.
Regulating negligent or intentional use of fire
Sec. 9-87.
Regulating the Forest Lake Outlet and establishing the positions of gate tenders
Sec. 9-88.
Fire alarm systems
Sec. 9-89.
Fence ordinance
Sec. 9-90.
Numbering of dwellings/businesses
Sec. 9-91.
Fire lane ordinance
Sec. 9-92.
Prohibiting operation of dirt bikes
Sec. 9-92A
Motorized Skateboards and/or Motorized Scooters
Sec. 9-92B
Banning Gas Powered Motorized Mini Bikes, Mini-Chopper Scooters and Motorized
go-Carts From the Public Ways of the City of Methuen
Sec. 9-93.
Childsafe construction sites
Sec. 9-94.
Youth curfew
Sec. 9-95.
Prohibiting stockpiling of snow near public ways
Sec. 9-96.
Criminal history background checks
Sec. 9-97.
Banning snowmobiles on cemeteries, parks, playgrounds and school playgrounds
CHAPTER 10 - BUILDING CONSTRUCTION STANDARDS
Sec. 10-1.
Certificate of occupancy
CHAPTER 10A - BUILDING AND PROPERTY MAINTENANCE
CODE
Article I. Title, Policy and Purposes
Sec. 10A-11.
Title
Sec. 10A-12.
Findings and declaration of policy
Sec. 10A-13.
Purpose
Article II. Building and Property Maintenance
Sec. 10A-21.
Maintenance required
Sec. 10A-22.
Maintenance standards
A. Maintenance of structures
B. Maintenance of accessory structures
C. Maintenance of premises and landscape elements
Article III. Administrative Provisions
Sec. 10A-31.
Public Health Director
Sec. 10A-32.
Unfit building or property
Sec. 10A-33.
Result of hearing
Sec. 10A-34.
Failure to comply
Sec. 10A-35.
Costs
Sec. 10A-36.
Penalty
Article IV. Regulating the Maintenance of Abandoned and Foreclosing Residential Properties
Sec. 10A-40.
Maintenance of Abandoned and Foreclosing Resiential Properties
CHAPTER 11 - ZONING
Sec. 11-I.
Title, authority and purpose
Sec. 11-II.
Definitions
Sec. 11-III.
Establishment of districts
Sec. 11-IV.
Interpretation and application
Sec. 11-V.
Use regulations
Sec. 11-VI.
Dimensional controls
Sec. 11-VII.
Sign and illumination regulations
Sec. 11-VIII.
Parking and loading requirements
Sec. 11-XIX.
Non-conforming uses, structures and lots
Sec. 11-X.
Administration and enforcement
Sec. 11-XI.
Special permits
Sec. 11-XIA.
Adult entertainment facilities
Sec. 11-XII.
Site plan approval - non-residential buildings over 5,000 square feet and two
buildings on same lot
Sec. 11-XIII.
Adoption, amendment, validity and effective date
Sec. 11-XIV.
Schedule of fees
CHAPTER 12 - WETLANDS PROTECTION
Sec. 12-1.
Application
Sec. 12-2.
Hearing
Sec. 12-2.1
Permit and conditions
Sec. 12-2.2
Relationship to Chapter 131, Section 40, M.G.L.
Sec. 12-3.
Emergency projects
Sec. 12-4.
Pre-acquisition violation
Sec. 12-5.
Regulations
Sec. 12-6.
Burden of proof
Sec. 12-7.
Definitions
Sec. 12-8.
Security
Sec. 12-9.
Enforcement
Sec. 12-9A.
Right of entry
Sec. 12-10.
Filing fees
Sec. 12-11.
Feeding or baiting of migratory waterfowl
Sec. 12-12.
Employment of outside consultants
CHAPTER 13 - LICENSING
Preamble
Standard Governing Licensing
Sec. 13-10.
Vehicles for hire - General Provisions
Sec. 13-11.
Company Licenses
Sec. 13-12
Vehicle for Hire – Insurance Requirements
Sec. 13-14
Vehicle Markings and Physical Characteristics
Sec. 13-15
Operation of Licensed Vehicles for Hire Generally
Sec. 13-16
Operation of Taxicabs
Sec. 13-17
Fares – Vehicles for Hire
Sec. 13-18
Fines – Vehicles for Hire
Sec. 13-19
Operators Licenses – Vehicles for Hire
Sec. 13-20.
Second-hand dealers
Sec. 13-21.
Junk dealers and collectors
Sec. 13-30.
Flea markets
Sec. 13-40.
Saturday licensing of public amusements
Sec. 13-50.
Door to door sales for future delivery
Sec. 13-60.
Mandatory server training for all liquor establishments
Sec. 13-70.
Banning late-night entertainment licenses
Sec. 13-71.
Mandating public notification of entertainment license applications
Sec. 13-80.
Automatic Amusement Devices
Sec. 13-90.
Regulating Class II and Class III automobile businesses
CHAPTER 14 - SEWERS
Art. I.
Definitions
Art. II.
Building sewers and connections
Art. III.
Use of public sewers
Art. IV.
Protection from damage
Art. V.
Powers and authority of inspectors
Art. VI.
Penalties
Art. VII.
Sewer user charges
Art. VIII.
Validity
Art. IX.
Sewers and drains
Art. X.
Mandating Sewer Connections
CHAPTER 15 - WATER
Sec. 15-1.
Water main extensions
Sec. 15-2.
Sale of water to bordering communities
Sec. 15-3.
Contract for sale of water
Sec. 15-4.
Cross connection control
Sec. 15-5.
Water fees and charges; public hearings; council action
Sec. 15-6.
Reserved
Sec. 15-7.
Abatements
Sec. 15-8.
Procedure for shutting off the flow of water on failure to pay lawful charges
Sec. 15-9.
Water use Restriction
CHAPTER 16 - STREETS, HIGHWAYS, SIDEWALKS AND BRIDGES
Article I. Highways and Bridges
Division 1. Laying Out, Alteration and Discontinuance
Sec. 16-1.
Width of new streets
Sec. 16-2.
Measurements and boundaries to be laid out by Engineering Division of the Department
of Public Works; plans to be prepared; report
Sec. 16-3.
Contents of report; accompanying agreements, etc.
Sec. 16-4.
Notice of intention; hearing
Sec. 16-5.
Sewers, drains, etc.
Sec. 16-6.
Acceptance of private ways, standards of construction
Division 2. Care and Control of Ways
Sub-division I. Names and signs
Sec. 16-7.
Existing street names accepted; council to name new streets
Sec. 16-7A.
Establishing street acceptance protocol
Sec. 16-8.
Director of Public Works to erect street signs
Sub-division II. Opening and Digging up Ways
Sec. 16-9.
Excavation of public streets
Sec. 16-10.
Replacement of earth, etc.
Sec. 16-11.
Surface restoration
Sec. 16-12.
Backfilling
Sec. 16-13.
Streets not to be occupied, etc., except under permit; bond
Sec. 16-14.
Barriers and railings
Sec. 16-15.
Conditions of bonds
Sub-division III. Moving Buildings
Sec. 16-16.
Permit Required; contents; bonds
Sub-division IV. Signs, Awnings, Etc.
Sec. 16-17.
Permit required; prohibition
Sec. 16-18.
Same - application and contents
Article II. Streets and Refuse
Division 1. Street Cleaning and Removal of Refuse
Sec. 16-19.
Receptacles for dirt, paper, rubbish, trash, etc.
Sec. 16-19A.
Street and sidewalk cleaning requirements for commercial businesses
Sec. 16-20.
Sprinkling, gravel, cinders
Division 2. Street Lighting
Sec. 16-21.
Location
Sec. 16-22.
Lighting or extinguishing without permission
Article III. Sidewalks
Division 1. Construction
Sec. 16-23.
Supervision and report of cost
Sec. 16-24.
Plans and specifications
Sec. 16-25.
Private construction; bond
Division 2. Assessments
Sec. 16-26.
One-half of cost be paid by owner
Sec. 16-27.
Basis of assessment
Article IV. Private Ways
Sec. 16-28.
Temporary repairs
Sec. 16-29.
Repairs and reconstruction
Sec. 16-30.
Sight distance
CHAPTER 17
NON-CRIMINAL DISPOSITION OF MUNICIPAL ORDINANCE, RULE OR
REGULATION VIOLATIONS
Sec. 17-1.
Authorization
Sec. 17-2.
Authority of Enforcing Officer
Sec. 17-3.
Notice to appear
Sec. 17-4.
Delivery of notice
Sec. 17-5.
Notice of violation; filing with court
Sec. 17-6.
Non-criminal dockets
301
Sec. 17-7.
Appearance and confession
Sec. 17-8.
Appearance not to be considered a criminal proceeding
Sec. 17-9.
Appearance to contest; hearing
Sec. 17-10.
Hearing and disposition
302
Sec. 17-11.
Proceeding not to be criminal
Sec. 17-12.
Failure to appear; issuance of complaint
Sec. 17-13.
Notice; form
Sec. 17-14.
Fines; collection
Sec. 17-15.
Criminal penalties
Sec. 17-16
The term "District Court" shall include the Northeast Housing
Court
Sec. 17-17
Ticketing for Violation of Subdivision Approvals
CHAPTER 18
PUBLIC PARKS, PLAYGROUNDS AND BEACHES
Article I. Parks
Sec. 18-1.
Supervision
Sec. 18-2.
Director of Public Works
Sec. 18-3.
Enforcement of ordinances
Sec. 18-4.
Regulations
Sec. 18-5
Amusement for Gain
Sec. 18-6.
Assemblies
Sec. 18-7.
Definitions
Article II. Regulations Concerning Use of City Parks
Sec. 18-8.
Requirements concerning use of grounds and facilities
Sec. 18-9.
Prohibited acts
Sec. 18-10.
Hours for use
Sec. 18-11.
Other regulations
Sec. 18-12.
Residence
Sec. 18-13.
Rates
Sec. 18-14.
Penalties
Article III. Special Conditions Governing Use
Sec. 18-15.
Special Conditions/Riverside Park
Sec. 18-16.
Spiggot Falls Riverwalk Park
Sec. 18-17
Tenney Street Park
Sec. 18-18
Fees for Park and Cemetery Usage
CHAPTER 19
SOIL REMOVAL ORDINANCE
Sec. 19-1.
General Provisions
Sec. 19-2.
Power and authority
Sec. 19-3.
Filing procedures
Sec. 19-4.
Permit requirements
Sec. 19-5.
Violations
Sec. 19-6.
Exceptions
CHAPTER 20
MUNICIPAL PROPERTY
Article I. Sale of Personal Property
Sec. 20-1.
Disposing of surplus supplies
Sec. 20-2.
Acquisition and disposition of real property
Article II. Sale of Real Property
Sec. 20-10.
Definitions
Sec. 20-11.
Invalidation of transfer
Sec. 20-12.
Procedure for sale - Council
Sec. 20-13.
Procedure for public auction
Sec. 20-14.
Notice to boards
Sec. 20-15.
Deeds
Sec. 20-16.
Re-Sale
Sec. 20-17.
Disqualification system for the sale of public properties
Sec. 20-18.
Reserved
Sec. 20-19.
Reserved
Sec. 20-20.
Ordinance requiring abutter notice on rental, sale or lease of municipal property
Sec. 20-21.
Prohibiting emergency preambles regarding sale, lease or rental of municipal
property
CHAPTER 21 - FAIR HOUSING
Sec. 21-1.
Finding of the City Council
Sec. 21-2.
Public policy
Sec. 21-3.
Exercise of police power
Sec. 21-4.
Unlawful housing practices
Sec. 21-5.
Enforcement; complaints and grievances
Sec. 21-6.
Severability
CHAPTER 22
COMPREHENSIVE ORDINANCE GOVERNING STATES OF EMERGENCY IN
METHUEN
Sec. 22-1.
Definitions
Sec. 22-2.
Declaration of states of emergency
Sec. 22-3.
Cooperation with state and federal authorities
Sec. 22-4.
Authority and responsibility of City
Sec. 22-5.
Issuance of executive orders
Sec. 22-6.
Appointment of volunteers
Sec. 22-7.
Establishment of civil defense agency
Sec. 22-8.
Authority of local civil defense
Sec. 22-9.
Appropriations
Sec. 22-10.
Utilization of local forces
Sec. 22-11.
City Council authority
Sec. 22-12.
Severability
CHAPTER 23
DOG REGULATION ORDINANCE
Sec. 23-1.
Definitions
Sec. 23-2.
Registration and licenses
Sec. 23-3.
Kennel licenses
Sec. 23-4
Sale or other delivery of unlicensed dog by kennel licensee
342
Sec. 23-5.
Inspection of kennels; revocation, suspension and reinstatement of license;
nuisance
Sec. 23-6.
Licensee convicted of violation of statutes relating to offenses against animals
Sec. 23-7.
Change of owner or keeper of licensed dog; dog brought into Methuen
343
Sec. 23-8.
Importation of dogs and cats for commercial resale; health certificates; violations
Sec. 23-9.
Fees, certificate or statement that dog has been spayed; dogs serving blind
or deaf persons; refunds
Sec. 23-10.
Shelters; sale or gift of dog or cat not spayed or neutered
Sec. 23-11.
Violation of ordinance
Sec. 23-12.
Application of law; exception
Sec. 23-13.
Application of law; licensed pet shops exempted
Sec. 23-14.
Symptoms of rabies printed on license; description supplied by Department of
Health
Sec. 23-15.
Vaccination against rabies; revaccination; penalty
Sec. 23-16.
Issuance of licenses; disposition of fees
Sec. 23-17.
Accounts of Treasurer
Sec. 23-18.
Lists of dogs; refusal to answer person listing dogs; false answers
Sec. 23-19.
Animal control officers; reimbursement for services; contracts with corporation
to perform duties of officers; turning over or sale of animals; penalty
Sec. 23-20.
Issuance of warrant to officers; duties; confinement of dogs; allowance for
care
Sec. 23-21.
Emergency treatment of dogs or cats injured on ways; payment to veterinarians
Sec. 23-22.
Returns by officers
Sec. 23-23.
Form of warrants to officers
Sec. 23-24.
Liability for damage caused by dog; minors; presumption and burden of proof.
Sec. 23-25.
Indemnification of law enforcement officers; damages caused by dogs used in
performance of Official duties
Sec. 23-26.
Killing dogs under certain conditions; wounded dogs
Sec. 23-27.
Vicious dogs; nuisance; barking or other disturbance; annoyance to sick person
Sec. 23-28.
Killing unrestrained dogs or dogs in wild state
Sec. 23-28A.
Dangerous and vicious dogs regulation
Sec. 23-29.
Treble damages for injuries caused by dogs ordered to be restrained
Sec. 23-30.
Killing dogs which have worried or killed stock or fowl; bond
Sec. 23-31.
Damages caused by dogs and paid by City; compensation for appraisers
Sec. 23-32.
Damages caused by dogs not reimbursable; amount of awards
Sec. 23-33.
Reward for killing dog or for evidence determining owner
Sec. 23-34.
Notice to kill dog which has caused damage
Sec. 23-35.
Failure to kill, confine or restrain dog after notice
Sec. 23-36.
Investigators; investigation of damages caused by dogs; settlement; action against
owner or keeper; payments over to City
Sec. 23-37.
Election of remedy by person damaged
Sec. 23-38.
Ordering dogs to be muzzled or restrained; killing unmuzzled or unrestrained
dogs
Sec. 23-39.
Order to muzzle or restrain dogs
Sec. 23-40.
Penalty on officer; report of refusal or neglect of officer to perform duties
Sec. 23-41.
Liability to City of owner or keeper of dog; action
Sec. 23-42.
Disposition of balance of dog fund
Sec. 23-43.
Disposition of complaints for violation of dog control laws
Sec. 23-44.
Killing of dogs by carbon monoxide fumes
Sec. 23-45.
Restraint of dogs in public highway rest areas; penalty
Sec. 23-46.
Restrictions concerning dogs
Sec. 23-47.
Ordinance regulating dogs
Sec. 23-48.
Banning dog defecation on public grounds and private property
Sec. 23-49.
Banning dogs from school grounds
Sec. 23-50.
Banning Dogs From Public Cemeteries
CHAPTER 24
METHUEN HISTORIC DISTRICT ORDINANCE
Enactment
Sec. 24-2.
Purpose
Sec. 24-3.
Historic District
Sec. 24-4.
Definitions
Sec. 24-5.
Historic District Commission Membership
Sec. 24-6.
Duties and Power of the Commission
Sec. 24-7.
Limitations and Exemptions
Sec. 24-8.
Procedures
Sec. 24-9.
Provisions
Sec. 24-10.
Amendments
Sec. 24-11.
Cases of Invalidity/ Unconstitutionality
Sec. 24-12.
Clarification of Position
Sec. 24-13.
Requests for Review
CHAPTER 25
DEMOLITION DELAY ORDINANCE
Sec. 25-1
Intent and Purpose
Sec. 25-2
Definitions
Sec. 25-3
Regulated Buildings and Structures
Sec. 25-4
Methuen Preservation Committee
Sec. 25-5
Procedure
Sec. 25-6
Determination of Applicability
Sec. 25-7
Emergency Demolition
Sec. 25-8
Non-Compliance
Sec. 25-9
Severability
CHAPTER 26
DEVELOPERS WATCHLIST ORDINANCE
Sec. 26-1
Purposes
Sec. 26-2
Violations
Sec. 26-3
Policy
Sec. 26-4
Procedure
Sec. 26-5
Action Upon Receipt of Application
Sec. 26-6
Watch List Requirements
Sec. 26-7
Parties Responsible
Sec. 26-8
Term
Sec. 26-9
Applicability
Sec. 26-10
Definitions
REGISTERED SEX OFFENDE RESTRICTIONS
Sec. 27-1
Definitons
Sec. 27-2
Residency Restrictions
Sec. 27-3
Safety Zones
Sec. 27-4
Postings
Sec. 27-5
Exemptions
Sec. 27-6
Enforcement
Sec. 27-7
Task Force
Sec. 27-8
Severability
HOME RULE CHARTER OF THE CITY OF METHUEN
APP. I. Methuen Home Rule Charter II
SUMMARY OF CONTENTS - HOME RULE CHARTER
SUMMARY OF CHARTERS IN THE CITY OF METHUEN
ARTICLE 1 - INCORPORATION; SHORT TITLE; POWER
Section 1-1
Incorporation.
Section 1-2
Short Title.
Section 1-3
Form of Government.
Section 1-4
Powers of the Municipality.
Section 1-5
Construction.
Section 1-6
Intergovernmental Relations.
ARTICLE 2 - LEGISLATIVE BRANCH
Section 2-1
Composition; Eligibility; Election and Term.
Section 2-2
Organization.
Section 2-3
Compensation; Expenses.
Section 2-4
General Powers and Duties.
Section 2-5
Prohibitions.
Section 2-6
Filling of Vacancies.
Section 2-7
Exercise of Powers; Quorum; Rules of Procedure.
Section 2-8
Council Staff.
Section 2-9
Measures; Emergency Measures; Charter Objection.
Section 2-10
Delegation of Powers.
Section 2-11
Inquiries and Investigations.
ARTICLE 3 - EXECUTIVE BRANCH
Section 3-1
Mayor - Qualifications; Term of Office; Compensation.
Section 3-2
Executive Authority and Duties.
Section 3-3.
Appointments by the Mayor.
Section 3-4.
Temporary Appointments to City Offices.
Section 3-5.
Communications; Special Meetings.
Section 3-6.
Approval of Mayor; Exception (Veto).
Section 3-7.
Temporary Absence of Mayor.
Section 3-8.
Vacancy in Office of Mayor.
Section 3-9.
Terms of Office - Department Heads.
ARTICLE 4 - SCHOOL COMMITTEE
Section 4-1.
Composition; Eligibility; Election; Term.
Section 4-2
Organization.
Section 4-3
General Powers and Duties.
Section 4-4
Location and Erection of Schools; Approvals Required.
Section 4-5
Prohibitions.
Section 4-6
Filling of Vacancies.
Section 4-7
Budget Hearing.
ARTICLE 5 - FINANCIAL PROCEDURES
Section 5-1
Submission of Budget; Budget Message.
Section 5-2
Action on the Budget.
Section 5-3
Capital Improvement Program.
Section 5-4
Provision for Outside Audit.
Section 5-5
Annual Audit of Department Heads.
Section 5-6
Chief Financial Officer Obtaining Five (5) Quotes from Banks.
ARTICLE 6 - ADMINISTRATIVE DEPARTMENTS
Section 6-1
Reorganization Plans by City Council.
Section 6-2
Reorganization Plans by Mayor.
Section 6-3
Publication of Reorganization Plan.
ARTICLE 7 - NOMINATIONS AND ELECTIONS
Section 7-1
City Elections; General and Preliminary.
Section 7-2
Preliminary Elections.
Section 7-3
Regular Election.
Section 7-4
Precincts and Districts.
Section 7-5
Application of State Laws.
ARTICLE 8 - FREE PETITION; INITIATIVE; REFERENDUM; RECALL
Section 8-1
Free Petition.
Section 8-2
Citizen Initiative Measures.
Section 8-3
Citizen Referendum Procedures.
Section 8-4
Submission of Proposed Measure to Voters.
Section 8-5
Measures with Conflicting Provisions.
Section 8-6
Recall Petitions.
ARTICLE 9 - GENERAL PROVISIONS
Section 9-1
Certificate of Election and Appointment.
Section 9-2
Rules and Regulations.
Section 9-3
Re-enactment and Publication of Ordinances.
Section 9-4
Liability of City Offices and Agencies.
Section 9-5
Prohibition.
Section 9-6
Meetings of Qualified Voters.
Section 9-7
Severability.
Section 9-8
Specific Provisions Shall Prevail.
Section 9-9
References to General Laws.
Section 9-10
Removals and Suspensions.
Section 9-11
Procedures.
Section 9-12
Definitions.
ARTICLE 10 - TRANSITIONAL PROVISION
Section 10-1
Continuation.
Section 10-2
Continuation of Government.
Section 10-3
Continuation of Administrative Personnel.
Section 10-4
Transfer of Records and Property.
Section 10-5
Effect on Obligations, Taxes and other Legal Acts.
Section 10-6
Council Salary.
Section 10-7
Time of Taking Effect.
Section 10-8
Disposition of Special Acts.
Section 10-9
City Solicitor Appointment/Time of Taking Effect.
CHRONOLOGY OF CHARTER AMENDMENTS
APP. I-A. Charter Amendments
1. Town Council Organization.
2. School Committee Representation.
3. Referendum Petitions.
4. Appointment of Town Solicitor.
5. Precincts Enlarged to Twelve
6. Election of Mayor and Term Limitations for Town Councillors
7. Section 9-10 of Article 9, Removals and Suspensions.
8. Article 2, Sections 2-8(a), (b) and (c), Appointment of City Accountant, Clerk of the Council and City Solicitor.
9. Article 3, Section 3-3, Appointments by the Mayor.
10. Article 3, Section 3-9, Terms of Office - Department Heads.
11. Article 4, School Committee, Section 4-1, Sub-section (a), Composition.
12. Article 2, Legislative Branch, Section 2-1, Sub-section (c), Election and Term
13. Article 3, Executive Branch, Section 3-1, Sub-section (b), Term of Office
14. Article 4, School Committee, Section 4-1, Sub-section (c), Election and Term
APP. II. Permissive legislation adopted by the municipality
APP. I-A. Special laws relative to Methuen
APP. III. Amendments to 1973 ordinance
APP. IV. Amendments to 1983 code
APP. V. Initiative Petitions adopted by the municipality
APP. VI. Amendments to 1997 Code
APP. VII Amendments to 2000 Code