Town of Saugus By-Laws

Table of Contents

Town of Saugus By-Laws

100.00
GENERAL PROVISIONS

101.00 Definitions

In construing these By-laws the following words shall have the meaning herein given unless a contrary intention clearly appears.

1. The word "street" shall include highways, town ways, public ways and all public streets roads, bridges, alleys, courts, and sidewalks, and also those portions of public squares and places which form traveled parts of public ways.

2. The words "public place" shall include all parks, playgrounds and public lands belonging to or in the charge of the town, or any of the departments and those portions of public squares and places which form traveled parts of public ways.

3. The word "vehicle" shall include all vehicles and conveyances (except street or trolley cars) whether on wheels or runners, however drawn propelled or moved, and any animal harnessed thereto.

4. The word "driver" shall mean the person having the charge, operation or control of the vehicle, horse, or other animal upon a street.

102.00 Violations

Whoever violates any By-law of the Town, excepting the Zoning By-law and the By-laws regulating the inspection and construction of buildings, whereby any act or thing is enjoined, required or prohibited shall forfeit and pay for each offense a fine not exceeding fifty ($50.00) dollars unless some other penalty is expressly provided by law or by some By-law of the Town. As provided for in the Massachusetts General Laws, Chapter 40, Section 21. (Town Clerk letter to AG 7/10/86)

103.00 Penalty or Forfeiture

Wherever a penalty or forfeiture is provided for the violation of a By-law, it shall be for each such violation.

104.00 Jurisdiction

Without further particular specifications all By-laws shall relate only to persons, property and acts done within the limits of the Town of Saugus.

105.00 Effect of By-Laws

So far as the provisions of these By-laws are the same in effect as those previously existing, either by By-law or by vote of the Town, they shall be construed as a continuation of such By-laws or votes.

106.00 Non-Criminal Disposition

Whoever violates any provision of the rules and regulations of the Board of Health may, in the discretion of the Health Agent or the Board of Health, be penalized by a non-criminal complaint in the District Court pursuant to the provisions of General Laws, Chapter 40, Section 21D. For the purpose of this provision the penalty to apply in the event of a violation shall be as follows: $25.00 for the first offense; $50.00 for the second offense; $100.00 for the third offense and $200.00 for the fourth and each subsequent offense. Each day on which a violation exists shall be deemed to be a separate offense.

107.00 Repeal of By-Laws

Upon the acceptance of the foregoing By-laws by the Town and the publication as required by law of such thereof as shall be approved by the Attorney General, all By-laws heretofore existing, excepting the Zoning By-laws, the rules and regulations of the Board of Health, By-laws relating to plumbers and plumbing, and building regulations for inspection and construction o f buildings, shall be annulled and repealed, provided that this repeal shall not apply to or affect any statue of the Commonwealth, and shall not revive any By-law in force before or at the time when the By-law repeal took effect.

200.00
GOVERNMENT OF TOWN MEETING

201.00 Notice of Town Meeting

Notice of every Town Meeting shall be given by posting attested copies of the warrant calling the same in at least one public place in each precinct not less than fourteen days before the day appointed for such meeting and the Town Clerk shall mail printed copies of the warrant to the limited Town Meeting members at least fourteen days before the time at which any representative Town Meeting is to be held; provided, however, that no meeting shall be invalidated by reason of any mistake or omission as to mailing copies to Town Meeting members.

202.00 Warrant Articles

All articles in the town warrant shall be taken up in the order of their arrangement unless otherwise decided by a two-thirds vote of those present and voting.

203.00 Appraisement Of Town Property

There shall be chosen at each annual meeting a committee of three (3) persons who shall make an annual appraisement of all property owned by the Town and make a report of their appraisement in the annual Town Report.

204.00 Motions For Expenditures

All questions and motions submitted for the consideration of the Town involving the expenditure of money, and such other motions as may be required by the Moderator, shall be in writing.

205.00 Use Of Check List

On demand of fifteen (15) Town Meeting members the check list shall be used in taking the vote, and the meeting to determine whether by ballot or yea or nay vote, on any motion or resolution properly before a meeting of the Town.

206.00 Reconsideration

No vote shall be reconsidered at the meeting at which it was passed except upon a motion made within one hour after such vote has passed and upon notice that such a motion is to be made, given within a half hour after such vote has passed nor unless such motion to reconsider is made by a person who voted with the prevailing side.

207.00 Motions And Precedence Of Motions

When a questions under debate no motion shall be received, but to adjourn the meeting to reconsider a previous vote, the previous question, to lay on the table, to commit or amend to refer or postpone to a certain day, or to postpone indefinitely, which several motions shall have precedence in the order in which they are. herein arranged.

208.00 Speaking On A Subject

Town Meeting members, the chairman of the Board of Selectmen, Chairman of the School Committee and Town Manager may speak on the same subject not more than twice or for more than ten (10) minutes, without the consent of the meeting. Non members and citizens may speak on the same subject not more than twice or for more than five (5) minutes without the consent of the meeting. Full time employees of the Town, who are not residents of the Town, may speak on the same subject not more than once or for more than five (5)minutes without the consent of the meeting. Other non residents may speak on the same subject not more than once or for five (5) minutes and then only with the unanimous consent of the meeting.

209.00 Committees Appointed By The Moderator

All committees shall be appointed by the Moderator unless otherwise directed by the meeting and it shall be the duty of the member first named promptly to call the committee together for organization.

210.00 First Order Of Business

The first business in order at each adjourned meeting shall be the reading of the records of the previous session by the Town Clerk.

211.00 Rules Of Practice

The powers and duties of the presiding officer, not especially provided for by law or in the foregoing rules, shall be determined by the rules of practice contained in the Roberts Rules of Order, most recent edition, so far as they are adapted to the conditions and powers of the Town.

212.00 Duty Of Moderator

It shall be the duty of the Moderator to request all persons not Town Meeting members to retire from such portion of the hall as may be designated by the Moderator to be occupied by Town Meeting members during transaction of all Town business.

213.00 Motion To Dissolve Meeting

Any motion, the effect of which would be to dissolve the meeting, if made before every article in the warrant for such meeting has been finally disposed of, shall require the affirmative vote of at least two-thirds of those present and voting; but this shall not preclude an adjournment of the meeting to some other time.

300.00
PROVISIONS RELATED TO TOWN OFFICERS AND EMPLOYEES

301.00 Duty of Town Clerk To Notify

It shall be the duty of the Town Clerk to immediately notify in writing all members of committees that may be elected or appointed at any Town Meeting stating the business on which they are to act and the names of the members.

302.00 Disposal of Town Property

Every board or officer in charge of a department may, with the approval of the Selectmen sell or otherwise dispose of any personal property or material of the Town in the custody or control of such department and not required by such department and not exceeding three hundred dollars ($300.00) in value.

303.00 Disposal of Town Owned Land

303.01 Selectmen are henceforth authorized by Town Meeting to hold public sales of tax title and low-value land ONLY under the following conditions:

303.02 That no parcel be offered for sale which does not have the previous approval of the Conservation Commission, the Planning Board and the Playground Commission;

303.03 That the decision by majority vote by the Conservation Commission, the Planning Board and the Playground Commission shall take into account the future land needs of the Town for public buildings, parks or recreation, as well as the desirability of setting aside land for open space or other conservation purposes.

304.00 Traffic Safety Unit Within Police Department

304.01 The Selectmen are hereby authorized to establish a safety unit within the Police Department that shall enforce the Traffic Rules and Regulations of the Town of Saugus, By-laws relating to streets, fire lanes, handicapped parking and State Laws relating to speed limits, truck weights, pedestrian right of way as well as any other duties deemed necessary and proper by the Police Chief that will promote the public safely.

304.02 The Police Chief and Parking Clerk shall maintain statistics and annually prepare a report to the Selectmen detailing the. activities of such unit including the amount of tickets issued, the total amount of fines levied, the streets and areas monitored, and any other information relevant to the unit.

305.00 Town Counsel

305.01 The Town Manager shall annually appoint an Attorney-at-law to act as Town Counsel.

305.02 The Board of Selectmen shall have authority to prosecute, defend and compromise all litigation to which the town is a party, and to employ special counsel to assist the Town Counsel whenever in their judgment necessity therefor arises.

305.03 The Town Counsel shall draft all bonds, deeds, leases, obligations, conveyances and other legal instruments, and perform every professional act which may be required of him by vote of the town or any board of town officers. Also, when required by said boards or any committee of the Town, he shall furnish a written opinion on any legal question that may be submitted to him, and he shall at all times furnish legal advice to any officer of the Town who may require his opinion upon any subject concerning the duties incumbent upon such officer by virtue of his office. He shall prosecute all suits ordered to be brought by the Town or Board of Selectmen, and shall appear at any court in the Commonwealth in defense of all actions or suits brought against the Town of its officers in their official capacity. He also shall argue and try any and all causes in which the Town shall be party, before any tribunal, whether in law or equity in the Commonwealth, or before any Board of Referees on Commission, and shall appear at any and all hearings on behalf of the Town whenever his services may be required.

306.00 Employee Work Schedule

306.01 Fire Department. The hours of duty of permanent members of the uniformed fire fighting force shall be established so that the average weekly hours of duty in any year, other than when members are summoned and kept on duty because of conflagrations or emergencies, shall not exceed forty-two (42) hours.

306.02 Police Department. The schedule of duty for permanent members of tie Police Department shall be established to consist of four (4) consecutive working days and two (2) consecutive days off.

306.03 Town Employees (other than Fire, Police and School). The work week for Full Time Town Employees (other than Fire, Police and School Departments) and limited to office or clerical employees shall be established at thirty-six and one-half (361/2) hours (Monday 8:30 A.M. to 7:00 P.M.; Tuesday through Thursday 8:15 A.M. to 5:00 P.M.; Friday 8:15 A.M. to 12:30 P.M.) with the exception of June, July and August when the hours shall be established at thirty-three and one-half (331/2) hours. (Monday 8:30 A.M. to 7:00 P.M., Tuesday through Thursday 8:15 A.M. to 4:00 P.M., Friday 8:15 AM. to 12:30 P.M.).

306.04 Hiring New Employees
For the purpose of hiring new employees to Civil Service jobs in the Town of Saugus, it shall be required that Town of Saugus residents be given preference over non residents. They should also be given preference to out of Town transfers. Exceptions to this may be mutual transfers or in the case of a person from a layoff list or any other such Civil Service law. This will occur when there is a current active Civil Service hiring list. Transfers or non-residents may be considered after residents or when there is no active list available. No section of this amendment shall be in conflict with the Civil Service Law.

400.00
FINANCE

401.00 Duty of Town Clerk To Notify

It shall be the duty of the Town Clerk immediately after every Town Meeting to furnish the Town Accountant, Board of Assessors, Board of Selectmen, and Finance Committee with a statement of all monies appropriated by the Town at such meeting, and of the purposes for which monies were respectively appropriated.

402.00 Audits

All of the accounts of the Town shall be audited annually by the Division of Accounts, Department of Corporations and Taxation, in accordance with the laws of the Commonwealth.

403.00 Purchases

No officer, board or committee having the disbursement of an appropriation shall make purchases of supplies or materials or contract for services to be rendered the Town without issuing a written purchase order, therefor on prescribed forms, provided however, that the provisions of this section shall not apply to the wages of persons temporarily employed by the Town. All purchase orders are to be in triplicate; one to be designated for and delivered to the Town Accountant; and one to be designated for the files of the office issuing the order. The order designated for the vendor shall be submitted to the Town Accountant and shall not be delivered to the vendor until the Town Accountant shall have certified thereon that there is sufficient unemcumbrance against such appropriation; provided, however, that verbal orders for supplies or materials or services to be rendered may be issued for an amount not to exceed twenty-five ($25.00) dollars. All order forms on the day the orders are given and transmitted within forty-eight (48) hours to the Town Accountant to be certified and recorded.

404.00 Accounting

The Town Accountant shall prescribe the methods of accounting and the forms to be used by several officers, boards and committees of the Town pertaining to their receipts and disbursements, and shall provide that such methods and forms shall conform to the requirements prescribed by law or any rules or regulations made thereunder.

500.00
BOARDS, COMMITTEES, COUNCILS, DEPARTMENTS, AND COMMISSIONS

501.00 Finance Committee

501.01 Organization

The Committee shall meet for organization forthwith after the conclusion of the Annual Town Meeting. Said meeting shall be called by the chairman of the committee, or in his absence by the secretary. If no officer exists said committee shall be called by the senior member.

501.02 Chairman

The committee shall choose a chairman who shall schedule and call committee meetings, preside at meetings and represent the committee when required.

501.03 Secretary

The committee shall choose a secretary, who shall preside in the absence of the chairman keep a true record of the committee proceedings, and initiate and answer various committee correspondence.

501.04 Vacancies of Offices

Vacancies in the offices of chairman and secretary may be filled at any time.

501.05 Duties of Committee

The committee may consider matters relating to the appropriation the borrowing and the expenditure of money by the town and its indebtedness, and may make recommendations to the town to any town board, officer or committee relative to such matters.

501.06 Receipt of Estimates of Expenditures

The various town boards, officers and committees charged with the expenditure of town money shall prepare detailed estimates of the amount deemed by them necessary for the ensuing year, with explanatory statements as to the reasons for any changes from the amounts appropriated for the same purpose in the proceeding year and shall submit the same to the secretary on or before December first of each year.

501.07 Receipt of Estimates of Incomes

The various Town boards, officers and committees charged with the expenditure of Town money shall prepare estimates of all probable items of income which may be received by them during the ensuing year in connection with the administration of their offices and departments. Detailed statements concerning the prior years appropriations and expenditures shall be presented by each board, officer and committee and shall be submitted to the secretary of the committee on or before January 31 of each year.

502.00 Cemetery Commissioners

502.01 Duties and Responsibilities

The Board of Cemetery Commissioners shall have the sole care, superintendence and management of all public burial grounds in the Town, may lay out any existing public burial grounds in the Town of any land purchased and set apart by said Town, for such cemeteries, in lots, or other suitable sub-divisions, with proper paths and avenues; may plant, embellish, ornament and fence the same and erect therein suitable edifices and conveniences and make such improvements as it considers convenient and shall have all the powers delegated to such boards under the General Laws.

503.00 Department of Civil Defense

503.01 There is hereby established a department of civil defense (hereinafter called the "department"). It shall be the function of the department to have charge of civil defense as defined in Section 1, Chapter 639, Acts of 1950 and to perform civil defense functions as authorized or directed by said chapter or by any and all executive orders or general regulations promulgated thereunder, and to exercise any authority delegated to it by the Governor under said Chapter 639.

503.02 Director of Civil Defense

The department shall be under the direction of a director of civil defense (hereinafter called the "director") who shall be appointed as prescribed by law. The director shall have direct responsibility for the organization, administration, and operation of the department, subject to the direction and control of the appointing authority, and shall receive such salary as may be fixed from time to time by the appointing authority. The director may, with the limits of the amount appropriated therefor, appoint such experts, clerks and other assistants as work of the department may require and may remove them and may make such expenditures as may be necessary to execute effectively the purposes of Chapter 639, Acts of 1950. The director or the appointing authority shall submit a detailed budget for the defense department.

The director shall also have the authority to appoint district coordinators and may accept and may receive, on behalf of the Town, services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of civil defense, offered by the federal government or any agency or officer thereof or any person, firm or corporation, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. The director shall cause appropriate records to be kept of all matters relating to such gifts, grants or loans.

503.03 Civil Defense Advisory Council

There is hereby established a civil defense advisory council (hereinafter called the "council"). Said council shall serve without pay and shall consist of the director of civil defense, such other department heads and such other persons as the authority appointing said director may deem necessary. Such member of said council as said appointing authority shall designate shall serve as chairman of said council. Said council shall serve subject to the direction and control of the appointing authority and shall advise said appointing authority and director on matters pertaining to civil defense.

503.04 Police Aid to Other Cities and Towns in Event of Riots or Other Violence Therein

The Police Department shall, after the issuing of any proclamation provided for in Chapter 639, Acts of 1950, by hereby authorized to go to aid another city or town at the request of said city or town in the suppression of riots or other forms of violence therein.

503.05 Termination of By-law

This By-law shall remain in force during the effective period of Chapter 639, Acts of 1950, and any act in amendment or continuation thereof or substitution therefor.

503.06 Definition

All references to Chapter 639, Acts of 1950, as now in force, shall be applicable to any act or acts in amendment or continuation of or substitution for said Chapter 639.

504.00 Building Committee

504.01 Upon this passage of this amendment by the Town Meeting, and approval of this amendment by the Attorney General, the Moderator forthwith shall appoint a permanent Building Committee of nine (9) members, three for a term of one year, three for a term of two years, and three for a term of three years, and on the expiration of the original term of any member, the appointment shall be for a term of three years. Wherever possible, in the discretion of the Moderator, representation on said committee may be given to persons having experience in commercial construction, architectural and engineering experience, or experience in the building trade such as the electrical or plumbing, or heating trades, or general experience which the Moderator may feel to be valuable to the function of this committee. Of the original appointees, at least, one shall be a Town Meeting member at the time of said appointment, and thereafter further appointments should be made so that at least one member of the entire committee are Town Meeting members at the time of appointment in any given year.

Said Committee shall serve in an advisory capacity, and shall advise the Town Meeting as to the construction of new Town buildings or the additions to or renovations of Town buildings. Said Committee shall cooperate with the Town Manager, the Board of Selectmen, other Town Boards, Town Agents and contractors to the Town so as not to usurp their responsibilities or unreasonably delay the exercise of their office. Said Committee shall have the right to have access to all contracts correspondence and officia1 papers concerning said construction of said buildings, with the permission of the Town Manager the right to inspect all Town Buildings and the right to inspect construction in progress while the walls are open, in order to be informed so as to make appropriate recommendations. These recommendations may include quality of construction practice, advisability of design, implications on Town liabilities and such other information that the Town Meeting would want to know before making a decision. This Committee will also make direct written advice to the Town Manager of any safety, liability, or impending Town loss discovered during such inspections without waiting for Town Meeting.

The committee shall make periodic reports, as deemed necessary to the Town Meeting, or reports to Special Town Meetings upon all questions of construction of Town Buildings as heretofore set forth.

505.00 Salt Water Marsh and River Basin Planning

505.01 The Town Manager shall appoint a committee consisting of seven (7) persons for the purpose of reviewing, investigating, and recommending plans to realize the greatest potential usage of the Saugus Salt Water Marshes bordering Route 107, Route 95 and the Saugus and Pines Rivers. The committee shall assist the Town Manger and the Saugus Planning Board in working with State agencies, including the Department of Natural Resources, in obtaining information and/or approvals to be used in recommending zoning and/or rezonings to accomplish the most equitable distribution of the area for purposes of conservation, industrial development, marine commerce and marine recreation. Initially three (3) members shall be appointed for two (2) years and four (4) for one (1) year with the appointments expiring December 31, 1971 and 1972. Subsequent appointments shall be for terms of two (2) years. The committee shall serve the further purpose of investigating and recommending actions on petitions for land filling which are received by the Board of Selectmen and the Board of Health. This service will be done upon request of the two boards, and recommendations shall not be binding.

506.00 Personnel Board

506.01 Appointment of Personnel Board

There shall be established a non-salaried Personnel Board consisting of three (3) registered voters of the town. Said board shall be appointed by the Town Manager. No elected or appointed town official, or no employee of the town shall be eligible to serve on said board.

The term of office shall be for three (3) years beginning on the first January of the year of the appointment and expiring on December 31 st , three years hence. Initial appointments shall be made in the same year but have staggered expiration dates.

Not more than one (1) member shall have an appointment that expires in the same year. When a vacancy in an ongoing appointment occurs, the Manager shall appoint a qualified individual to fill the balance of the un-expired portion of that term.

The Personnel Board shall annually, following the appointment of new members, elect its own chairman and secretary. It shall cause to be kept a true record of its proceedings and may, subject to appropriations thereof, make such expenditures as may be necessary in the performance of its duties. Said Board shall meet at least quarterly in open session, for the transaction of business, and it may hold such special meetings as may be called by the chairman or directed by vote of said Board. A majority of said Board's total membership shall be necessary for any official act of said Board.

The Manager shall furnish said Board with such space as it may require for the performance of its duties and the storage of its property and, upon application of said Board, shall provide it with an adequate place for holding public hearings.

506.02 Duties of Personnel Board

The Personnel Board shall perform studies of any and all personnel positions of the personnel-related activities in the town, except labor negotiations and grievances. The personnel-related activities shall include studies on any written policies / procedures for compliance with applicable laws. Said Board shall also review and recommend any changes in policy / procedures, hiring practices, or job descriptions in writing to the town manager.

506.03 Access to Information

The Personnel Board shall file with the Town Clerk, for inclusion in the annual report of the Town an annual report of its activities.

506.04 Employees Suggestion Plan

The Personnel Board shall be responsible for creating, administering, changing, and executing an employee suggestion plan for all Town employees.

507.00 Canine Control

507.01 Definitions.

As used in this By-law, the following terms mean:

ANIMAL SHELTER

Any premises designated by Town Administrative Authority for the purpose of impounding and caring for animals held under authority of this By-Law.

CANINE CONTROL BOARD

An unpaid advisory board made up of three (3) registered voters of the Town, appointed annually by the Town Manager with the tasks of monitoring the effectiveness of this by-law, assuring the humane treatment of the animals regulated by the By-Law and promulgating necessary changes to the By-Law.

CANINE CONTROL OFFICER

Any person or persons appointed by the Selectmen as the Dog Officer or Officers under the provisions of Chapter 140, Sections 151 and 151A of the General Laws to carry out the provisions of this by-law. In the absence or vacancy in the office or unavailability of the Canine Control Officer, the Town's Inspector of Animals or his deputy shall perform the duties of the Canine Control Officer(s).

HUMANE OFFICER

Any person designated by the Humane Society as a law enforcement officer and who qualifies to perform such duties under the laws of the Commonwealth of Massachusetts.

HUMANE SOCIETY

Any organization for the prevention of cruelty to animals incorporated under the laws of the Commonwealth of Massachusetts.

OWNER

Any person, having reached the age of majority, owning, keeping, or harboring dogs.

PERSON

Any individual, partnership, company, or corporation.

RESTRAINT

A dog shall be deemed to be under restraint if on the premises of its owner or, if outside the premises of the owner, is accompanied by a person who shall have the dog under control by holding it firmly on a leash.

VETERINARY HOSPITAL

An establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis and treatment of diseases and injuries of animals.

507.02 Requirement for an Identification Tag

Every owner issued a license in accordance with the provisions of Chapter 140, Section 137 of the General Laws of the Commonwealth for a dog owned or kept within the Town will also receive an Identification Tag form the Town Clerk's office. The.Identification Tag shall be a durable tag stamped with an identifying number and of a particular color to signify the specific year of issuance. Tags will be designed that they may conveniently be fastened to the dog's collar or harness. Dogs must wear Identification Tags at all times when the animal is off the premises of the owner. The Canine Control Officer shall maintain a record of the identifying numbers and shall make this record available to the public.

507.03 Restraint of Dogs

No person shall own, keep or harbor in the Town of Saugus, outside the confines of the owner's property, any dog which is not held firmly on a leash by a person who shall have control of such a dog.

507.04 Unrestrained Dogs

Unrestrained dogs may be taken by Police, the Canine Control Officer or a Humane Officer and impounded in an animal shelter, and there confined in a humane manner. If by an Identification Tag or by other means the owner can be identified, the Canine Control Officer shall immediately upon impoundment notify the owner of the impoundment of the animal. Impounded dogs shall be kept for ten (10) days unless reclaimed by their owners. Dogs not claimed by their owners within ten (10) days, or placed in suitable new homes, may be humanely euthanized by the Canine Control Officer or by an agency delegated by him to exercise that authority.

507.05 Reclaiming Impounded Dogs

An owner reclaiming an impounded dog shall pay an administrative fee of $20.00 plus $3.00 boarding charge for each day that the dog has been impounded, to a maximum payment of $50.00.

507.06 Female Dogs in Heat

Every female dog in heat shall be confined in a building or secure enclosure in a such manner that such female dog cannot come into contact with another animal except for planned breeding.

507.07 Nuisances

No owner shall fail to exercise proper care and control of his animals to prevent them for becoming a public nuisance. Excessive or untimely barking, molesting passerby, chasing vehicles, habitually attacking people or other domestic animals, trespassing upon school grounds, or trespassing upon private property in such manner as to damage property, shall be deemed a nuisance.

Certain acts prohibited in Public Parks, Playgrounds, Schoolyards and Public Recreation Areas, except at Prankers Pond where leashed dogs and horseback riding will be permitted. No person shall permit dogs or other such animals to enter these areas, nor shall any person willfully ride a horse or. other such animal in these areas unless designated to do so by proper authority.

507.08 Using Animals as Prizes

No person shall give away any live vertebrate animal as a prize for or as an inducement to enter, any contest, game or other competition, or as an inducement to enter a place of amusement; or offer such vertebrate as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.

507.09 Quarantining of Dog that Bites

Any dog which bites a person shall be quarantined for ten (10) days if ordered by the Inspector of Animals. During quarantine the dog shall be securely confined and kept from contact with any other animal. At the discretion of the Inspector of Animals, the quarantine may be on the premises of the owner. If the Inspector of Animals requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his own expense, place it in a veterinary hospital.

507.10 Animals Suspected of Being Rabid

No Police Officer or other person shall kill, or cause to be killed any animal suspected of being rabid, except after the animal has been placed in quarantine and the diagnosis of rabies made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely killed and the head of such animal be sent to a laboratory for pathological examination and confirmation of diagnosis.

507.10-A

Whoever is the owner or keeper of a dog or cat in the Town of Saugus six months or older shall cause such dog or cat to be vaccinated against rabies by a licensed veterinarian using licensed vaccine according to the manufacturer's directions and shall cause such dog or cat to be revaccinated at intervals recommended by the manufacturer. Who ever violates the provisions of this section shall be punished by a fine of not more than fifty ($50.00) dollars. Each day of noncompliance shall constitute a separate offense.

507.11 Hindering the By-law Enforcement

Any Canine Control Officer or Humane Officer shall have police power in the enforcement of this By-law and no person shall interfere with or hinder, molest or abuse any Canine Control Officer or Humane Officer in the exercise of such powers.

507.12 By-law Violation Fine

Any person violating any provision of this By-law shall be deemed guilty of a misdemeanor and shall be punished by a fine of $25.00 for the first and each subsequent offense. If any violation be continuing, each day's violation shall be deemed a separate violation. (6/25/87)

507.13 If Parts of By-law are Invalid

If any part of this By-law shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this By-law. No provision or interpretation of a provision of this By-law is intended to be either in conflict with, or an attempt to change, any statutory provision in Chapter 140 pertaining to dogs.

507.14 Fees.

Exceptions:  New Residents / Owners (Verification Required)

507.15 Dangerous or Vicious Dogs

A) A "dangerous or vicious" dog, as the term is used in this section, shall mean:

I) Any unrestrained dog that has bitten or attacked any person or other domestic pets when off its owner's private property. Any dog with a known propensity, tendency or disposition to attack to cause injury. The owner will be fine by a $150.00 first offense. Second offense $250.00 and subsequent offense where the dog must be off it's property. The Canine Officer may order any or all of the following:

a) Spay or neutering

b) Behavior Training.

B) An "owner or keeper" of a vicious dog shall mean an individual who is the registered owner as well as an individual who keeps, harbors, or possesses a vicious dog. Any person walking the dog off it's property must be an adult, able-bodied Person holding the dog firmly on a leash not exceeding three feet, with a muzzle made in a manner that will not cause injury to the dog or interfere with it's vision or respiration, but must prevent it from biting any person or animal.

C) While on the owner's or keeper's property, a dangerous or vicious dog must be securely, confined indoors or in a securely enclosed and locked pen or structure meeting standards by the Dog Officer, suitable to prevent the entry of young children, and designed to prevent the animal from escaping. Such pen or structure must have a minimum dimension of five feet by ten feet and must be securely enclosed. If it has no bottom secured to the sides, it must be imbedded into the ground, no less than two feet. The enclosure must also provide protection from the elements for the dog and also be inspected by the MSPCA.

D) If said animal is found on property, not owned or controlled by its owner or keeper, or not restrained in a secure area, per paragraph C of this section, on two separate occasions within a twelve-month period as documented by the Dog Officer, said animal may be forever banned from within the limits of the Town of Saugus.

Compliance with the requirements of this section shall not be a defense to and order of disposal of a vicious dog pursuant to GL c. 140, and 157.

507.16. No person or group of persons residing in the same dwelling unit shall obtain more than three (3) licenses for the keeping of dogs within the Town of Saugus. This by-law shall not apply to dogs present in a dwelling unit as of November 18, 2002 and if properly licensed under MGL.

508.00 Conservation Commission / Wetland Control

508.01 The purpose of this By-law is to protect the wetlands, related water resources, and adjoining land areas of the Town of Saugus by controlling activities deemed to have a significant effect upon wetland values, including, but not limited to the following public or private water supply, ground water, flood control, erosion and sedimentation control, storm damage, water pollution, fisheries, shellfish, wildlife, wildlife habitat, recreation, and wetland-related structures and locations of historic significance.

No person shall remove, fill, dredged water resources, and adjoining land areas of the Town of Saugus controlling activities deemed to have a significant effect upon wetland values, including, but not limited to the following public or private water supply, ground water, flood control, erosion and sedimentation control, storm damage, water pollution, fisheries, shellfish, wildlife, wildlife habitat, recreation, and wetland-related structures and locations of historic significance.

No person shall remove, fill, dredge or alter any bank fresh water wetland, coastal wetland, beach, dune, flat, marsh, meadow, bog, swamp, or lands bordering on the ocean or on any estuary, creek, river, stream, pond, or lake, or any land subject to tidal action, coastal storm flowage, or 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 telecommunication services, without filing written notice of his intention to so remove, fill, dredge or alter and without receiving and complying with an Order of Conditions and provided all appeal periods have elapsed.

Said notice, including such plans as may be necessary to describe such proposed activity and its effect on the environment, shall be filed by delivery in hand to the Commission or its authorized representative or by certified mail, return receipt to the Commission. Each such notice shall be accompanied by a filing fee as specified by the Commission's rules and regulations and shall be in addition to that required by Chapter 131, Section 40. No filing fee shall be required when the Town of Saugus files an application for a permit. 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 this By-Law. The Commission, in its discretion, may hear any oral presentation under this By-Law at the same public hearing required to be held under the provisions 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 Environmental Quality Engineering thereunder, are. hereby made a part of this By-Law.

508.02 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 thereof, administrative agency, public or quasi-public corporation or body, or any other legal entity or its legal representative, agents or assigns.

508.03 The Commission shall hold a public hearing on the application within twenty-one days (21) after receipt of the notice of intent required under Section 1 of this By-Law Notice of the time and place of the hearing shall be given by the Commission at the expense of the applicant, not less than five days (5) prior to the hearing, by publication in a newspaper of general circulation within the Town of Saugus and by mailing a notice to the applicant, Board of Health, Planning Board, Board of Selectmen, and all abutters and holders of real estate who might be affected.

508.04 Within twenty-one days (21) of the receipt by the Commission of a written request made by any person and sent by certified mail, the Commission shall make a written determination as to whether this By-Law is applicable to any land or work thereon. When such person is other than the owner, notice of any such determination shall also be sent to the owner.

508.05 The Commission, its agents, officers and employees, may enter upon the land upon which the proposed work is to be done in response to a request for 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.

508.06 Due consideration shall be given to possible effects of the proposal on all values to be protected under this By-Law and to any demonstrated hardship on the petitioner by reason of a denial, as brought forth at the public hearing. Nevertheless, the Commission 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 the subject lands and contiguous lands.

508.07 Within twenty-one days (21) of the close of the public hearing, the Commission shall issue an Order of Conditions, and all work shall be done in accordance therewith. The Commission may 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 may be subject to the same constraints and may be identical to any such Order issued by the Commission under the provisions of Massachusetts General Laws, Chapter 131, Section 40.

508.08

Section 1 - Purpose.

The purpose of this by-law is to protect the wetlands, water resources, and contiguous land areas of the Town of Saugus by controlling activities deemed to have a significant effect upon wetland values, including hut not limited to the following: public or private water supply, ground water, flood control, erosion and sedimentation control, storm damage prevention including coastal storm flowage, water quality, water pollution control, fisheries, shellfish, wildlife, wildlife habitat, recreation, and historically significant wetland-related structures and locations.

Section 2 - Definitions.

1. The following definitions shall apply in the interpretation and implementation of this by-law.

   1. The term "aesthetics" shall include the natural scenery and appearance of any area visually accessible to the public.

   2. The term "alter" shall include, without limitation, the following activities when undertaken to, upon, within or affecting resource area protected by this by-law:

      1. Removal, excavation, or dredging of soil, sand,gravel, or aggregate materials of any kind;

      2. Changing of pm-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns,flow patterns, or flood retention characteristics;

      3. Drainage, or other disturbance of water level or water table;

      4. Dumping, discharging or filling with any material which may degrade water quality;

      5. Placing of fill, or removal of material, which would alter elevation;

      6. Driving of piles, erection, or repair of buildings, or structures of any kind;

      7. Placing of obstructions or objects in water;

      8. Destruction of plant life including cutting of trees;

      9. Changing temperature, biochemical oxygen demand, or other physical, biological, or chemical characteristics of any waters;

      10. Any activities, changes, or work which may cause or tend to contribute to pollution of any body of water or ground water;

      11. Application of pesticides or herbicides;

      12. Incremental activities that have, or may have, a cumulative adverse impact on the resource areas protected by this by-law.

   3. The term "bank" shall include the land area which normally abuts and confines a water body; the lower boundary being the mean annual low flow level, and the upper boundary being the first observable break in the slope or the mean annual flood level, which ever is higher.

   4. The term "date of issuance" shall mean the date an Order of Conditions, modification or extension of an Order, or any written decision of the Commission is mailed, as evidenced by a postmark' certified mail card, or the date it is hand-delivered.

   5. The term "isolated wetland" shall mean an isolated depression with no inlet or outlet which serves as a ponding area for run-off or high ground water which has risen above the ground surface' and shall be capable of containing at least 5,000 cubic feet of water.

   6. The term "person" shall include any individual, group of individuals, association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political subdivision thereof to the extent subject to town by-laws, administrative agency, public or quasi-public corporation or body, this municipality, and any other legal entity, its legal representatives, agents, or assigns.

   7. The term "rare species" shall include, without limitation, all vertebrate and invertebrate animal and plant species listed as endangered, threatened, or of special concern by the Massachusetts Division of Fisheries and Wildlife, regardless of whether the site in which they occur has been previously identified by the Division.

   8. The term "vernal pool" shall include a confined basin depression which, at least in most years, holds water for a minimum of two months during the spring and/or summer, and which is free of adult fish populations, as well as the area within 100 feet of the mean annual boundary of such a depression, regardless of whether the site has been certified by the Massachusetts Division of Wildlife and Fisheries.

2. Except as otherwise provided in this by-law or in Regulations of the Commission, the definitions of terms in this by-law shall be as set forth in The Wetlands Protection Act, G.L. Ch. 131, 40, and regulations, 310 CMR 10.00, as they may be amended.

Section 3 - Jurisdiction.

No person shall remove, fill, dredge, build upon, degrade, discharge into, or otherwise alter the following resource areas: any bank; freshwater or coastal wetland; beach; dune; flat; marsh; wet meadow; bog; swamp; vernal pooh lake; pond of any size; creek estuary; the ocean; land under water bodies; land subject to flooding or inundation by ground water or surface water; land subject to tidal action, coastal storm flowage, or flooding; lands within one hundred (100) feet of any of the aforesaid resource areas; rivers and streams; and lands within two hundred (200) feet of any river or stream, without filing a Notice of Intent with the Saugus Conservation Commission (Commission) and receiving and complying with an Order of Conditions issued by the Commission. Said resource areas shall be protected whether or not they border surface waters.

Section 4 - Conditional Exceptions.

1. This by-law shall not apply to emergency projects necessary for the protection of the health or safety of the residents of Saugus and to be performed or ordered to be performed by an administrative agency of the Commonwealth or by the Town of Saugus. Emergency project shall mean any project certified to be an emergency by the Commissioner of the Department of Environmental Protection (DEP) and the Commission if this by-law and G.L. Ch. 131, 40 are both applicable, or by the 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.

2. The application and permit required by this by-law shall not be required for other 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 telecommunication services, provided written notice has been given to the Commission prior to commencement of work, and provided that the work conforms to performance standards and design specifications in regulations adopted by the Commission.

Section 5 - Applications and Hearings for Permits and Requests for Determination.

1. Said Notice of Intent (NOI), including such plans as may be necessary to describe such proposed activity and its effect on the environment, shall be filed by delivery in hand to the Commission or its authorized representative or by certified mail, return receipt requested, to the Commission. The NOI shall include such information and plans as are deemed necessary by the Commission to describe proposed activities and their effects on the resource areas protected by this by-law. Each such NOI shall be accompanied by a filing fee as specified by the Commission's rules and regulations and shall be in addition to that required by G.L. Ch. 131, 40. No filing fee shall be required when the Town of Saugus files an application for a permit. The Commission, in its discretion, shall hear any oral presentation under this by-law at the same public hearing required to be held under the provisions of said G.L. Ch. 131, 40.

2. The Commission shall hold a public hearing on the application within twenty-one (21) days of receipt of the completed NOI required under Section 5A of this by-law, unless the applicant authorizes an extension in writing. Notice of the time and place of the hearing shall be given by the Commission, at the expense of the applicant, not less than, five days prior to the hearing. Such notice shall be published in a newspaper of general circulation within the Town of Saugus and by mailing a notice to the applicant, Board, of Health, Planning Board, Zoning Board of Appeals, Town Engineer, Building Inspector, and Board of Selectmen. The Commission shall have the authority to continue the hearing to a date certain announced at the hearing, for reasons stated at the hearing. Such reasons may include receipt of additional information from the applicant or others deemed necessary by the Commission in its discretion, or comments and recommendations of the boards and officials listed above. The Commission shall issue its Order of Conditions within twenty-one (21) days of the close of the public hearing thereon unless the applicant authorizes an extension in writing.

3. Within twenty-one days of the receipt by the Commission of a written request made by any person and sent certified mail, the Commission shall make a written determination as to whether this by-law is applicable to any land or work thereon, unless the applicant authorizes an extension in writing. Such a Request for Determination of Applicability (RDA) shall include information and plans as are deemed necessary by the Commission. When such person is other than the owner, the RDA, notice of any such determination, and the Commission's determination shall also be sent to the owner, as well as to the person making the request.

4. Any person filing a NOI or a RDA with the Commission shall, at the same time, give written notice thereof, by certified mail (return receipt requested) or hand delivered, to all abutters at their mailing addresses shown on the most recent applicable tax list of the assessors. This shall include owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line of the applicant, including any in another municipality or across a body of water. The notice to abutters shall have enclosed a copy of the NOI or RDA, with plans, or shall state where copies may be examined and obtained. An affidavit of the person providing such notice, with a copy of the notice mailed or delivered, shall be filed with the Commission.

Section 6 - Consultant Fees.

1. Upon receipt of a permit application or RDA, or at any point in the hearing process, the commission is authorized to require an applicant to pay a fee for the reasonable costs and expenses borne by the Commission for specific expert engineering and other consulting services deemed necessary by the Commission to come to a final decision on the application. This fee is called the "consultant fee". The specific consulting services may include, but are not limited to, performing or verifying the accuracy of resource area survey and delineation, analysis of resource area functions, including wildlife habitat evaluations, hydrogeologic and drainage analysis, and environmental or land use law.

2. The Commission may require the payment of the consultant fee at any point in its deliberations prior to a final decision. The applicant shall pay the fee to be put into a revolving fund which may be drawn upon by the Commission for specific consulting services approved by the Commission at one of its public meetings.

3. The exercise of discretion by the Commission in making its determination to require the payment of a consultant fee shall be based upon its reasonable finding that additional information acquirable only through outside, independent consultants would be necessary for the making of an objective decision.

4. The Commission shall return any unused portion of the consultant fee to the applicant unless the Commission decides at a public meeting that other action is necessary. Any applicant aggrieved by the imposition of, or the size of, or any act related thereto, may appeal according to the provisions of the Massachusetts General Laws.

5. The maximum consultant fee charged to reimburse the commission for reasonable costs and expenses shall be according to the following schedule:

1. The project cost means the estimated, entire cost of the project including, but not limited to, building construction, site preparation, landscaping, and all site improvements. The project shall not be segmented to avoid being subject to the consultant fee, but the Commission may allow reasonable phasing of the project. The applicant shall submit estimated project costs at the Commission's request, but the lack of such estimated project costs shall not avoid the payment of the consultant fee.

Section 7 - Permits and Conditions.

1. If the Commission, after a public hearing, determines that the activities which are subject to the permit application or the land and water uses which will result therefrom are likely to have a significant individual or cumulative effect upon the resource area values protected by this by-law, the Commission, within 21 days of the close of the hearing, shall approve or deny a permit for the activities requested. If it approves a permit, the Commission shall impose conditions that the Commission deems necessary or desirable to protect those values, and all activities shall be done in accordance with those conditions. The Commission shall take into account the cumulative adverse effects of loss, degradation,isolation and replication of protected resource areas throughout the community, resulting from past activities, permitted and exempt, and foreseeable future activities.

2. The Commission is empowered to deny a permit for failure to meet the requirements of this by-law; for failure to submit necessary information and plans requested by the Commission; for failure to meet the design specifications, performance standards, and other requirements in regulations of the Commission; for failure to avoid or prevent unacceptable significant or cumulative effects upon the resource area values protected by this by-law; and where no conditions are adequate to protect those values. Due consideration shall be given to any demonstrated hardship on the applicant by reason of denial, as presented at the public hearing.

3. To prevent wetland loss, the Commission shall require applicants to avoid wetland alteration wherever feasible or minimize wetland alteration where alteration is unavoidable, with the requirement of full mitigation. The Commission may authorize or require replication of wetlands as a form of mitigation, but only with adequate security, professional design, and monitoring to assure success, because of the high likelihood of failure of replication.

4. Lands within 100 feet of specific resource areas, and within 200 feet of rivers and streams, are presumed important to the protection of these resources because activities undertaken in close proximity to wetlands, rivers and streams, and other resources have a high likelihood of adverse effect upon them either immediately, as a consequence of construction, or over time, as a consequence of daily operation or existence of the activities. These adverse impacts from construction and use can include, but not be limited to, erosion, siltation, loss of ground water recharge, poor water quality, and loss of wildlife habitat. The Commission therefore may require that the applicant maintain a strip of continuous, undisturbed vegetative cover within aforesaid 100 or 200-foot area, unless the applicant convince the Commission that the area or part of it may be disturbed without harm to the values protected by this by-law.

5. In the case of areas within 200 feet of rivers and streams, no permit issued hereunder shall permit any activities unless the applicant, in addition to meeting the otherwise applicable requirements of this by-law, has proved by a preponderance of the evidence that (1) there is no practicable alternative to the proposed project with less adverse effects, and (2) should there be no practicable alternative, that such activities, including proposed mitigation measures, will have no significant adverse impact on the areas or values protected by this by-law. The Commission shall regard as practicable an alternative which is reasonably available and capable of being done after taking into consideration the proposed property use, overall project purposes, logistics, existing technology, costs of the alternatives, and overall project cost.

6. A permit shall expire three (3) years from the date of issuance. Notwithstanding the above, the Commission in its discretion may issue a permit for a period up to five (5) years from the date of issuance for recurring or continuous maintenance work, provided that annual notification of time and location of work is given to the Commission. Any permit may be renewed once for an additional one-year periods, provided that a request for a renewal is received in writing by the Commission thirty (30) days prior to the expiration date. Notwithstanding the above, a permit may contain requirements which shall be enforceable for a stated number of years, indefinitely, or until permanent protection is in place, and shall apply to all owners of the land.

7. For good cause the Commission may revoke or modify a permit or determination issued under this by-law after notice to the holder of the permit or determination, notice to the public, abutters, and town boards pursuant to Section 5D of this by-law, and a public hearing.

8. The Commission may combine the permit issued under this by-law with the Order of Conditions issued under G.L. Ch. 131, 40, and its implementing regulations, 310 CMR 10.00 as they may be amended.

9. No work proposed in any permit application shall be undertaken until the permit issued by the Commission with respect to such work has been recorded in the Registry of Deeds or, if the land affected is registered land in the Land Court, and until the holder of the permit certifies in writing to the Commission that the permit has been recorded.

Section 8 - Security.

1. As part of a permit issued under this by-law, in addition to any security required by any other municipal or state board, agency, or official, the Commission may require that the performance and observance of the conditions imposed thereunder (including conditions requiring mitigation work) be secured wholly or in part by one or both. of the following methods:

   1. By a proper bond or deposit of money or negotiable securities or other undertaking of financial responsibility i n an amount determined by the Commission to be sufficient and payable to the Town of Saugus upon default;

   2. By accepting a conservation restriction, easement or other covenant enforceable in a court of law, executed and duly recorded by the owner of record (or registered, in the case of registered land), running with the land to the benefit of the Town of Saugus whereby the permit conditions shall be performed and observed before any lot may be conveyed other than by mortgage deed.

Section 9 - Enforcement.

1. The Commission, its agents, officers and employees, shall have the authority to enter upon privately owned land for the purpose of carrying out its duties under this by-law and may make or cause to be made such examination, surveys, or sampling as the Commission deems necessary, subject to the constitutions and laws of the United States and the Commonwealth.

2. The Commission shall have authority to enforce this by-law, its regulations, and permits issued thereunder by violation notices, and civil and criminal court actions. Any person who violates provisions of this by-law may be ordered to restore the property to its original condition and take other action deemed necessary to remedy such violations, or may be fined, or both.

3. Upon request of the Commission, the Board of Selectmen and the Town Counsel shall take legal action for enforcement under civil law. Upon request of the commission, the Chief of Police shall take legal action for enforcement under criminal law.

4. Municipal boards and officers, including any police officer or other officer having police powers, shall have authority to assist the Commission in enforcement.

5. Any person who violates any provision of this by-law, or regulations, permits, or administrative orders issued thereunder, shall be punished by a fine of not more than three hundred dollars ($300.00). Each day or portion thereof during which a violation continues, or unauthorized fill or other alteration remains in place, shall constitute a separate offense, and each provision of the by-law, regulations, permits, or administrative orders violated shall constitute a separate offense.

Section 10 - Regulations.

1. Following a public hearing, rules and regulations shall be promulgated by the Commission to effectuate the purposes of this by-law. However, failure by the Commission to promulgate rules and regulations shall not act to suspend or invalidate the effect of this by-law.

2. At a minimum, these regulations shall define key terms in this by-law not inconsistent with the by-law and procedures governing the amount and filing of fees.

Section 11 - Burden of Proof.

The applicant for a permit shall have the burden of proving by a preponderance of the credible evidence that the work proposed in the permit application will not have unacceptable significant or cumulative effect upon the resource area values protected by this by-law. Failure to provide adequate evidence to the Commission supporting this burden shall be sufficient cause for the Commission to deny a permit or grant a permit with conditions.

Section. 12 - Relation to the Wetlands Protection Act.

This by-law is adopted under the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Statutes, independent of the G.L. Ch. 131, 40, and regulations 310 CMR 10.00 thereunder, as they may be amended.

Section 13 - Appeals.

A decision of the Commission shall be reviewable in the Superior Court in accordance with G.L. Ch. 249, 4.

Section 14 - Severability.

The invalidity of any section or provision of this by-law shall not invalidate any other section or provision thereof, nor shall it invalidate any permit or determination that previously has been issued.

508.09 The notice required by Section 1 of this By-Law shall not apply to emergency projects necessary for the protection of the health or safety of the residents of Saugus and to be performed or ordered to be performed by an administrative agency of the Commonwealth or by the Town of Saugus. Emergency projects shall mean any projects certified to be an emergency by the Commissioner of the Department of Environmental Quality Engineering and the Saugus Conservation Commission if this By-Law and Massachusetts General Laws Chapter 131, Section 40 are both applicable, or by the 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.

508.10 Any person who violates any provision of this By-Law or any condition of an Order issued pursuant to it shall be punished by a fine of not more than three hundred dollars ($300.00). Each day or portion thereof during which a violation continues shall constitute a separate offense: if more than one, each condition violated shall constitute a separate offense. This By-Law may be enforced by any officer having police powers. Upon request of the Commission, the Board of Selectmen and Town Counsel shall take such legal action as may be necessary to enforce this By-Law and Orders issued pursuant to this By-Law.

508.11 Following a public hearing, rules and regulations shall be promulgated by the Commission to effectuate the purposes of this By-Law. However, failure by the Commission to promulgate rules and regulations shall not act to suspend or invalidate the effect of this By-Law.

Non-criminal disposition: In addition to the procedures for enforcement as described above, the provisions of this by-law may also be enforced, by the Commission or its agent, by non-criminal complaint pursuant to the provisions of M.G.L. c. 40, section 21D. Each day on which a violation mists shall be deemed to be a separate offense. the penalty for violation of any provision of this by-law shall be $25.00 for the first offense; $50.00 for the second offense; $100.00 for the third offense and $200.00 for the fourth and each subsequent offense.

508.12 This By-Law is adopted under Home Rule Amendment of the Massachusetts Constitution and the Home Rule Statutes, independent of the Wetlands Protection Act, MGL Chapter 131, Section 40, and regulations thereunder.

508.13 The decisions of the Commission made under this By-Law may be appealed according to the provisions of the Massachusetts General Laws. The process for such appeal shall be set forth by the Commission in its rules and regulations.

509.00 Council on Aging

509.01 A council on Aging is herewith established for the purpose of carrying out, coordinating or establishing programs designed to meet the problems of aging. The Council shall make an annual report to the Town.

509.02 The Council may, in its own name, accept contributions, gifts and assistance for the furtherance of its program.

510.00 Kasabuski Memorial Skating Rink and Athletic Field Board of Governors

510.01 There shall be a Board of Governors consisting of not less than eleven members. The members shall receive no remuneration in consideration of their management duties and responsibilities. Eight of the members shall be elected by the following organizations in the quantities stated:

The Saugus High School Varsity Hockey Coach shall be an automatic member.

Additionally, the above eight members shall elect three individuals to fill the remaining positions. These individuals may be any Saugus residents interested in the objectives and purposes of this plan. These individuals must also work in the Professional, Financial or Business Management fields. These members shall be deemed appointed immediately.

510.02 The Board Members' terms of office shall be as follows:

1. The three members from Saugus Youth Hockey shall serve one, two, and three years, respectively.

2. The Skating Club Member shall serve three years.

3. The Saugus National Little League Members shall serve two and three years, respectively.

4. The Saugus Youth Soccer member shall serve two years.

5. The term of office of the Varsity Hockey Coach shall be on a continuing basis.

6. The term of office of the appointed (elected by the members in a. thru e.) members shall be one year.

510.03 In the event that a member has served two successive terms, he/she shall not be eligible for reelection to the Board before the next annual meeting following the expiration of his/ her second term.

510.04 Six members shall constitute a quorum at any regular or special meeting of the Board.

510.05 The Board must hold regular meetings on a monthly basis and may call special meetings as deemed required.

510.06 The Board shall elect a Chairman, Vice-Chairman, Secretary and Treasurer as its principal officers. The Chairman shall preside at all regular or special meetings and the Vice-Chairman shall attend and keep accurate records of all business transacted at meetings. The Treasurer shall see that accurate books of accounts are kept and shall work closely with the Town of Saugus Treasurer and Accountant. He/she shall provide a financial report to the Board of Governors at each of its regular meetings.

510.07 In the event of a vacancy, the Board shall forthwith, request that the vacancy be filled by an election within the member organization (i.e. Youth Hockey, Skating Club, National Little League, Youth Soccer). If a vacancy occurs in the appointed membership, the Board shall fill that vacancy within thirty (30) days.

510.08 The Governors shall be charged with management of the Kasabuski Bros. Skating Rink, including all lands, buildings and incidental activities thereto, and shall be vested with full and complete power to carry out the objectives and purposes of this plan. They shall be vested with the power to promulgate regulations governing the use of the Ice Rink. The Board shall have the power to fix, and as necessary, change fees to be charged for the use of the leased facilities.

510.09 The Board of Governors shall have the power to hire, and discharge personnel (full or part time) that are employed in the operation of the facilities. (Attachment A)

510.10 Employees of the faculty shall not be employees of the Town of Saugus.

510.11 The Board of Governors shall set the salaries and terms and conditions of employment for all employees.

510.12 Any member of the board of Governors may be removed from office for cause at any time by a two-thirds vote of all Board of Governors' Members taken by a written ballot at a duly called meeting of the Board. The call of the meeting at which such action is proposed shall clearly set forth such proposed removal. Written notice of such removal proceeding must be mailed to each Governor and the organization he represents seven days (7) prior to the removal hearing. The member proposed to be removed shall have the opportunity to defend him/herself.

511.00 Boats and Waterways Commission

511.01 Purpose

The waterways Commission, hereinafter the "Commission" is formulated for the purpose of providing a clear, effective and professional policy for the planning, development and management of Saugus' waterways. The Commission will bring continuity in policy to secure public access to the waterfront, protect the rights of current marine interests and promote development consistent with historic usage and the public interest. The policy of the Commission will ensure the interests of commercial, fishing, and recreational boating and that the waterways will be accessible to all citizens.

511.02 Composition

There shall be a Waterways Commission which shall consist of five (5) members who must be residents of the Town of Saugus. The members shall be appointed by the Board of Selectmen from a list of persons recommended by the Town Manager, because of their interest in waterways and adjoining land activities. Said commission shall be composed of the following categories: Waterway abutting homeowner with no commercial interests in waterways or adjacent lands, a commercial fisherman / lobsterman, a recreational boat owner, business owner in the predominate waterways area, and a town meeting member. In addition, there shall be two (2) alternate members appointed from any of the proceeding categories of members to serve in place of absent members, if necessary. The harbormaster shall serve as an ex-officio member of the commission, without vote.

511.03 Tenure

The term of all members shall run for three (3) years except that the initial term shall be staggered so that the term of not more than two (2) members shall terminate in any year. Alternate members appointments shall not expire in the same year. If a member resigns or is removed for any reason before his/ her term expires, a replacement shall be appointed within two months of termination by the board of Selectmen, in accordance with Section 2, to complete that term. A commission member can be removed b y the Board of Selectmen for good cause, upon request of the commission. Failure to attend four consecutive meetings without good reason shall constitute good cause for removal. The commission shall elect a chairperson and secretary.

511.04 Powers and Duties

The Saugus Waterways Commission is hereby authorized, empowered and required: To prepare and implement a comprehensive Waterway Master Plan and to provide for the annual review of said plan This plan shall be known as the Saugus Waterways Plan and shall be subject to Town meeting approval.

To recommend procedures, and long range plans for recreational and commercial boats in regard to dockage, launching, moorings and for water dependent development projects; to confirm the enforcement powers of Town; State, and Federal authorities; to advise the Board of Selectmen concerning fees and charges for Town owned and operated facilities within the commission's jurisdiction; to recommend to the Board of Selectmen setting fines for violation of regulations; all consistent with existing law and State and Federal guidelines.

To research, articulate, publicize and help implement the various rules and regulations by the State Department of Environmental Protection, Chapter 91, permitting process and the Army Corps of Engineers licensing procedures as they apply to all development projects in the areas of the waterways of the Town of Saugus under the jurisdiction of the Commission.

To make recommend By-Laws for adoption by the Saugus Town Meeting consistent with any Saugus Waterways Commission Plan ultimately adopted. To advise the harbormaster in the assignment of moorings and placement of floats or rafts held by bottom moorings, the management of mooring areas and the collection of mooring fees as established.

To advise the Town Manager and the park managers in the management, maintenance, and supervision of the Ballard Street Public Parking, and Lobsterman's Landing / Vitale Memorial Park, including any public parking areas related thereto. The Commission shall make recommendations on the fees to be charged for the use of such facilities.

To review the operating budget related to the revolving fund set aside for the cooler facility, and to investigate the feasibility of adding to such a fund other income received from local appropriations, mooring fees, excise taxes collected under M.G.L. Chapter 60B, violation fines, and/or a harbor management fund established hereafter by By-Law; and to make recommendations hereunder to the Town Manager and the Finance Committee.

To act as a liaison between the Town of Saugus and the Army Corps of Engineers, DEP's Division of Wetlands and Waterways and the Massachusetts Office of Coastal Zone Management.

To review and make recommendations on proposed zoning changes for land bordering the waterways. Such recommendations shall be forwarded to the Planning Board and the Town Counsel.

To review and make recommendations to the Town Manager and the Board of Selectmen on proposed water use activities contiguous to the waterfront and within the waters delineated in Section 5 of this By-Law, that are received for review by other municipal agencies.

To review for consistency with any harbor management plan any public notice of an application for local, state or federal permit for an activity taking section place within the commission's jurisdiction as described in Section 5 of this By-Law, and to respond in a timely fashion with recommendations to the regulating agencies.

To conduct or cause to be conducted, studies of the conditions and operations in and adjacent to Saugus waters and to present to the Town Manager proposals for the harbor's efficient operation.

To work with other Town Agencies and Departments in making applications for, receiving and administering grants or subsidies from any State or Federal Agency and to investigate all accepted financial policies to raise revenues for the planning, construction or financing of any waterways related project.

To prepare an annual report in accordance with the Town Charter.

To meet at least once a month on a day to be scheduled by the Commission.

511.05 Areas of Jurisdiction

The Commission has geographic jurisdiction over:

The areas located in the waters of the Town of Saugus bounded by the projection of the boundary lines of neighboring towns or cities.

All tidal and intertidal zones within these boundaries and all land in the Town of Saugus immediately contiguous to these zones.

All current and future launching and docking facilities within these boundaries.

511.06 Severability

If any provision of this By-Law or the application thereof to any person or circumstance is held invalid for any reason, such invalidity shall not affect the other provisions or any other applications of this By-Law which can be given effect without the invalid provisions or application, and to this end, all the provisions of this By-Law are declared to be severable.

511.07 Concurrent Jurisdiction

Nothing contained in this By-Law shall be construed to supersede or conflict with the jurisdiction of the Federal Government with respect to the enforcement of the navigation, shipping, anchorage and associated laws of the United States, or any lawful regulation of the Division of Wetlands and Waterways Regulation, Department of Environmental Protection, or the Division of Marine and Recreational Vehicles or any laws of the Commonwealth of Massachusetts.

In the event that any provision of this By-Law is hereby found to be invalid the remainder of the By-Law shall continue in full force and effect.

511.08 Harbormaster, Boats and Waterways Rules and Regulations

A. Fishing Equipment, Bait Receptacles

No bait, receptacles for the storage or keeping of bait, or other equipment used for fishing purposes, commercial or otherwise, including traps, buoys, lines, etc., shall be kept or stored on a float or adjoining pier or wharf used as a common landing in whole or in part by the Town including the Town Boat Ramp and Vitale Memorial Park. Receptacles for bait and all other equipment used for fishing purposes shall be kept suitably covered to prevent unsightliness or the presence of odor, and shall be kept clean. Any receptacle or equipment used for fishing must be removed from any common landing on order of the harbormaster if found to be on violation of regulations.

B. Use of Any Common Landing for Commercial Fishing Purposes Prohibited: Exception

No person or persons shall dock at any common landing for the purpose of discharging, unloading, or taking on commercial fishing products without a valid town permit, nor shall any person or persons load or discharge any commercial fishing equipment at any common landing without prior written permission of the harbormaster.

C. Float Permits

No float may be moored in Saugus Harbor without a float permit. A float permit shall be issued on a yearly basis and the locations, size, and holding equipment shall be under the inspection and control of the harbormaster. Any person aggrieved by the decision of the harbormaster under this subsection has the right to appeal for a hearing to the Board of Selectmen whose decision, after holding a public hearing, is final.

D. Permit to Anchor or Moor a Vessel

A master or person acting as master, owner, custodian or any other person shall moor or anchor any vessel within the limits of Saugus Harbor without first obtaining from the harbormaster a permit to anchor or moor said vessel. Any person aggrieved by the decision of the harbormaster under this subsection has the right to appeal for a hearing to the Board of Selectmen whose decision, after holding a public hearing, is final.

E. Application for Mooring Permit

An applicant requesting a mooring permit shall file an application therefor with the harbormaster, and said application shall contain such information as the harbormaster may require to determine the adequacy of the mooring and gear to be used by the applicant. Upon receipt of the application, the harbormaster may also require an inspection of said mooring and gear. The harbormaster shall issue to the applicant a mooring permit designating the mooring location if, in the opinion of the harbormaster, said mooring and gear to be used is adequate to secure the boat described and there is space available without endangering other boats. The holder of a mooring permit shall cause his mooring identification number to be painted or attached to the float of his or her mooring. Application shall be dated and numbered. If space is not available, applicants will be wait-listed by dated seniority. Any person aggrieved by the decision of the harbormaster under this subsection has the right to appeal for a hearing to the Board of Selectmen whose decision, after holding a public hearing, is final.

F. Fee for Mooring Permits; Expiration of Permits; Permits Nontransferable

The mooring for all who are liable under law to pay to the Town of Saugus their excise taxes for vessels moored in Town waters shall be as determined by the licensing authority, measured from the stem in a straight line aft to the stern. No mooring permit shall be issued until the fee established herein shall be paid to the Town of Saugus. All permits shall expire at midnight, December 31st of the year in which they are issued. Failure of a vessel owner to apply for a permit before April 15th will result in the loss of mooring space. No mooring permit shall be transferable. No vessel, other than the vessel for which the permit is issued may be attached to any mooring. However, the Harbormaster may authorize, in writing, the temporary use of a mooring by another boat upon application by the holder of the permit.

G. Winter Mooring Buoy

Winter Mooring Buoy spars shall be upright at all times, They shall carry the same permit number issued. The winter spars shall be removed the first day of June and shall not be set until on or after the first day of October of each calendar year.

H. Buoys Visibility

All spars, cans, balls or styrene or equivalent chain flotation buoys shall be visible at any tide level unless winter line are dropped to the bottom.

I. Harbormaster to Establish and Enforce Regulations for Buoys and Moorings

The Harbormaster shall make regulation regarding the size, kind and placing of all moorings and buoys within the anchorage areas of the Town and shall enforce these regulations as provided in the Mass. General Laws.

J. Setting Out Moorings; Chain and Buoys

All moorings shall be placed under the supervision of the Harbormaster. Moorings shall have such suitable chain and buoy as deemed necessary by the Harbormaster. Proper mooring tackle is necessary to secure vessels adequately at their moorings. The Harbormaster's standards in this matter are advisory only, and the Town of Saugus assumes no liability for personal injury or property damage which results in the utilization of any tackle which meets or exceeds these recommended standards. Any person aggrieved by the decision of the Harbormaster under this subsection has the right to appeal for a hearing to the Commission whose decision, after holding a public hearing, is final.

K. Tying Vessels up to Piers

No vessels may be tied to common landings unless the express permission of the Harbormaster has been obtained, and then only for emergencies.

L. Tying Vessels to Common Landing for more than Thirty Minutes Prohibited; Exception

No vessels shall be tied to any common landings in the Town unless for the express purpose of loading or unloading.

M. Speed Limits of Boats; Excessive Wake

No boats shall exceed five (5) miles per hour, or cause a disturbing wake within the confines of posted areas or anchorage areas within Town waters.

N. Skin Divers, Scuba Divers to a Tow Float, Flag; to Surface Under Same; Exception

Persons skin diving or scuba diving i n the Saugus Harbor shall tow the float and flag required by Mass. General Laws Chapter 90B, Section 13A while submerged. Such persons shall surface under such float and flag. The provisions of this section shall not apply to persons diving for commercial purposes.

O. Preventing Harbor Contamination

No person shall discharge or cause to be discharged any petroleum products or other products into the Saugus harbor or any waters surrounding the Town. Every caution shall be exercised during transfer operations to prevent the discharge of petroleum products into the Harbor.

All vessels discharging or transferring petroleum or any other pollutants in Saugus waters shall deploy an efficient spill guard so as to retain any spill or leakage.

All vessels unloading a cargo in Saugus waters other than petroleum shall deploy a spill guard at the request of the Harbormaster.

P. Notification to Harbormaster of Arrival of Vessel; Information to be Included in Notice.

All shippers or receivers of petroleum products or other goods and firms doing business in the Town on arrival of a ship or vessel at their wharf, dock, or otherwise, shall immediately notify the Harbormaster of this fact and forward to him or her, a statement setting forth the following information:

1. Date of Arrival

2. Rig

3. Name of Vessel

4. Nationality

5. Captain

6. Arrival Form

7. Cargo

8. Amount of Cargo

9. Consignee of Cargo

10. Agent of Vessel

11. Register tons gross

12. Register tons net

Q. Non-Criminal Disposition

Whoever violates any provision of this By-Law, in the discretion of the Harbormaster, shall be penalized by a non-criminal complaint in the District Court pursuant to the provisions of Mass. General Laws Chapter 40, Section 21D. For the purpose of this provision, the penalty to apply in the event of a violation shall be as follows: $25 for the first offense; $50 for the second offense; $100 for the third offense and $200 for the f