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Town By-Laws
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Source page 1
REVISED General By-Laws (2022 edition)
TOWN OF CANTON
GENERAL BY-LAWS1
ARTICLE I
GENERAL PROVISIONS
Section 1. Penalty for Violation of By-Laws (Criminal Complaint) 1-1
Whoever violates any by-law of the Town whereby any act or thing is enjoined,
required, or prohibited, shall forfeit and pay for each offense a fine not exceeding
fifty dollars unless some other penalty is herein expressly provided and
authorized by law.
Section 2. Non-criminal Enforcement of By-Laws Violations 1-2
Any enforcing person taking cognizance of a violation of any provision of these
By-Laws, (or of any rule or regulation of a town officer, board or department of
the town), the violation of which is subject to a specific penalty may, as an
alternative to the initiation of criminal proceedings, seek enforcement through a
non-criminal proceeding in the district court pursuant to the provisions of General
Laws, Chapter 40, Section 21D. For each provision of the General By-Laws for
which no other penalty is provided the penalty shall be understood to be the sum
of fifty dollars ($50.00).
Such proceeding shall be initiated by giving to the offender a written notice to
appear before the clerk of the district court, at Stoughton during normal business
hours, not later than twenty-one days following the date of such notice. Such
notice shall be in triplicate and shall contain the name and address, if known, of
the offender, the specific offense charged, and the time and place for their
required appearance. Such notice shall be signed by the offender whenever
practicable in acknowledgment that such notice has been received. “For the
purpose of this section the words “enforcing person” shall mean the person
designated in a specific by-law, rule or regulation as the enforcing person, or, if
none, the following persons, who are hereby empowered to enforce the specific
by-law, rule or regulation of the Town which has been, or is being violated:
Article XI, Section 9: Select Board Chair or designee
Article XII, Section 2: Select Board Chair or designee
Article XIV, Sections 1, 3: Select Board Chair or designee
1
Amended under article 42, ATM June 22, 2020.
1-1
Amended under article 24, ATM April 26, 2000.
1-2
Inserted under article 6, STM March 14, 1983. Amended under article 24, ATM April 26, 2000. Amended under article
18, ATM May 9, 2022
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REVISED General By-Laws (2022 edition)
Article XIV, Sections 2, 4-37: Any Police Officer of the Town
Article XIV, Section 38: Building Commissioner or designee
Article XIV, Section 38A: Building Commissioner or designee
Article XIV, Section 39: Animal Control Officer and Town Clerk,
and Select Board Chair
Article XIV, Section 40: Building Commissionner or designee
Article XIV, Section 41: Select Board Chair or designee
Article XIV, Section 42: Any Police Officer of the Town
Article XIV, Section 43: Any Police Officer of the Town
Article XIV, Section 44: Chief of Fire Department or designee
Article XIV, Section 46: Any Police Officer of the Town
Article XIV, Section 47: Chief of Fire Department or designee
Article XIV, Section 50: Select Board Chair or designee
Article XIV, Section 51: Building Commissioner or designee
Article XIV, Section 52: Any Police Officer of the Town
Article XIV, Section 55: Any Police Officer of the Town
Article XIV, Section 56: Any Police Officer of the Town
Article XIV, Section 57: Any Police Officer of the Town
Article XV, Sections 1-14: Member of Conservation Commission or
its agent
Article XVI, Section 3: Building Commissioner or designee
Article XVI, Section 4: Building Commissioner or designee
Article XVI, Section 9: Any Police Officer of the Town or
member of the Board of Health or its
agent
Article XVI, Section 12: Superintendent of Public Works or
designee
Article XVI, Section 13: Superintendent of Public Works or
designee
Article XVI, Section 14: Superintendent of Public Works or
designee
Article XVI, Section 15: Superintendent of Public Works or
designee
Article XVI, Section 16: Superintendent of Public Works or
designee
Article XVI, Section 18: Member of Board of Health or its agent
Article XVI, Section 21: Member of Planning Board or its agent,
Tree Warden
Article XVI, Section 22: Superintendent of Public Works or
designee
Article XVI, Section 23: Select Board Chair or designee
Article XVI, Section 25: Member of Board of Health or designee
or Select Board Chair or designee
Article XVII, Sections 1-17: Member of Board of Health or its agent
Article XVIII, Sections 1-12: Chief of the Fire Department or
designee
Article XIX, Section 1-8: Building Commissioner or designee
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REVISED General By-Laws (2022 edition)
Article XXI, 1-9: Member of Conservation Commission or
its agent
Article XXII, 1-12: Building Commissioner or designee or
any Police Officer of the Town of Canton
Article XXIII, 1-5: Building Commissioner or designee
Article XXV, 1-7: Any Police Officer of the Town or the
Town Administrator.
Section 3. Appointment to Town Office 1-3
No appointing authority shall appoint any person to serve as a member of a
multiple member body unless such person, at the time of appointment, is a
resident of the town. Any person serving as a member of any multiple member
body of the town who during the term of office for which appointed removes from
the town shall, forthwith, be deemed to have vacated such office.
This provision shall not be construed to prevent a non-resident town officer, or
town employee, from serving as a member of a multiple member body
representing the office or employment held.
1-3
Inserted under article 19, ATM May 6, 1996.
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REVISED General By-Laws (2022 edition)
ARTICLE II
TOWN MEETING
Section 1. Annual Town Election, Time of 2-1
The Annual Town Meeting for the election of officers and such other matters as
may be voted on the official ballot, shall be held on the first Tuesday after the first
Monday in April each year. The polls shall be opened at seven o’clock A.M. and
shall not be closed before eight o’clock P.M. in the Town Hall or in some other
location designated by the Select Board.
Section 2. Annual Town Meeting, Time of 2-2
The Annual Town Meeting for the transaction of business shall be held on the
second Monday of May of each year at 7:00 P.M. in the Morse Auditorium or in
some other location designated by the Select Board.
Section 3. Notice of Town Meeting 2-3
All Town Meetings shall be notified by posting attested copies of the Warrant
calling the same at the Post Office and in not less than six other public places,
twenty-one days at least before the day of the meeting.
Section 4. Return of Service
The Constable or person who serves a warrant for a Town Meeting shall,
immediately after making service thereof, deliver to the Town Clerk, the original
warrant, with the Constable’s return endorsed thereon, stating fully the manner in
which he served the same.
Section 5. Warrant Articles; Copies to Finance Committee
Copies of all articles submitted for insertion in the Warrant for any Annual or
Special Town Meeting, shall be forwarded forthwith to the Finance Committee for
its consideration.
Section 6. Notice of Adjourned Session
Copies of the vote adjourning any Town Meeting, shall be posted by the Town
Clerk in at least two public places in the Town as soon as practicable after the
adjournment.
2-1
As amended under article 41, ATM 1964 and under article 6, STM April 27, 1992.
2-2
As amended under article 14, ATM 1958 and under article 22, STM September 15, 1986 and under article 35, ATM
May 2, 2012.
2-3
As amended under article 17, ATM 1962.
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REVISED General By-Laws (2022 edition)
Section 7. Closing of Warrant 2-7
The closing date and time for the submission of articles by petition to be placed
on the warrant for an annual or special Town Meeting shall be published by the
Select Board, in the local town newspaper at least ten (10) days before the
closing of the warrant.
Section 8. Elective Office Prohibition 2-8
No person shall hold more than one (1) elective municipal office in the Town of
Canton on or after March 3, 1981. If elected to another office, that person’s
former office shall automatically become vacant and the vacancy filled as
prescribed by the General Laws of the Commonwealth.
2-7
Inserted under article 76, ATM 1980.
2-8
Inserted under article 75, ATM 1980.
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REVISED General By-Laws (2022 edition)
ARTICLE III 3
BY-LAW PROVIDING THE PROCEDURE FOR ANNUAL TOWN
MEETING WARRANT AND REPORT
PREPARATION/PUBLICATION AND TOWN MEETING
ADMINISTRATION
SECTION 3.1 FILING OF ARTICLES3-3.1
A. Warrant Articles to Adopt or Amend Zoning By-Laws
All subject matter seeking to adopt or amend zoning by-laws which is submitted
for consideration as articles for insertion in the warrant for the annual town
meeting (the “zoning articles”) shall be filed in the office of the Select Board prior
to twelve o'clock (12:00) noon on not less than the one hundred and twentieth
(120th) day preceding the date on which the opening session of said meeting is
to be held. On a date determined by the Select Board, such date to be not less
than one hundred and twenty (120) days preceding the date on which the
opening session of said meeting is to be held, the warrant shall be closed as to
zoning articles, and as soon as practicable thereafter a listing of all proposed
warrant zoning articles which were received on not less than the said one
hundred and twentieth (120th) day preceding said scheduled date shall be
prepared and signed by the Select Board. The said listing shall, forthwith, be
submitted to the Town Counsel for review and formatting.3.1 A
The Select Board shall within fourteen days of receipt of such zoning articles
submit them to the Planning Board for review. The Planning Board shall then
hold a public hearing thereon at which interested persons shall be given an
opportunity to be heard. Said public hearing shall be held within sixty-five days
after the proposed zoning articles are submitted to the Planning Board by the
Select Board, in accordance with M.G.L. c. 40A, § 5.
No vote at town meeting to adopt a zoning article shall be taken until a report
with recommendations by the Planning Board has been submitted to the town
meeting or twenty-one days after said Planning Board hearing have elapsed
without submission of such report. After such hearing and report, or after
twenty-one days shall have elapsed after such hearing without submission of
such report, the town meeting may adopt, amend (and then adopt), or reject such
proposed zoning articles.
B. All Other Warrant Articles
All subject matter seeking other than to adopt or amend zoning by-laws which is
submitted for consideration as articles for insertion in the warrant for the annual
town meeting (the “non-zoning articles”) shall be filed in the office of the Select
3
Article III of these By-Laws was deleted in its entirety by action taken under article 2, STM June 2, 1969. A new Article
III was inserted under article 32, ATM April 28, 2003.
3-3.1
Amended under article 46 ATM, May 2, 2005.
3.1 A
Amended under article 29 ATM, May 13, 2013
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Board prior to twelve o'clock (12:00) noon on not less than the one hundred and
twentieth (120th) day preceding the date on which the opening session of said
meeting is to be held. On a date determined by the Select Board, such date to be
not less than one hundred and twenty (120) days preceding the date on which
the opening session of said meeting is to be held, the warrant shall be closed as
to non-zoning articles, and as soon as practicable thereafter a listing of all
proposed warrant non-zoning articles which were received on not less than the
said one hundred and twentieth day preceding said scheduled date shall be
prepared and signed by the Select Board. The said listing shall, forthwith, be
submitted to the Town Counsel for review and formatting.3.1 B
SECTION 3.2 PETITION ARTICLES
The Select Board shall insert in the warrant for every annual town meeting all
subjects the insertion of which shall be requested of them, in writing, by ten (10)
or more registered voters of the town.
SECTION 3.3 ARTICLES NOT REQUIRING PETITIONS
The warrant at an annual town meeting shall provide one or more articles
providing for termination and closeout of prior special appropriations and for the
transfer of funds from one existing account to another or the appropriation of
additional funds as may be deemed to be needed and necessary by the Finance
Director of the Select Board, the Finance Committee or the Select Board.
The Select Board shall insert in the warrant for every annual town meeting all
subjects the insertion of which shall be initiated by the Select Board or requested
of them, in writing, by any elected or appointed multiple member body. The
Select Board may also approve for insertion in the warrant proposed articles
submitted to the Select Board by any other town office, department or agency.
SECTION 3.4 PREPARATION OF THE WARRANT
There shall be filed with each subject proposed to be included as an article in the
annual town meeting warrant a brief statement of explanation by the proponent.
Any proposed warrant article shall be deemed to be incomplete unless all
available plans, specifications and estimates and other supporting data
necessary for its consideration by town meeting, as well as the explanation of the
purpose of the article, are submitted prior to said deadlines. The insertion of any
subject matter as an article in the warrant by the Select Board shall be conclusive
evidence of compliance with the condition set forth in the preceding sentence,
and the Select Board’s decision shall be final.
SECTION 3.5 PUBLICATION OF THE WARRANT
Annually, on or before the sixtieth (60 th ) day preceding the date on which
the opening session of the annual town meeting is to be held, the Select
Board shall issue, in final form, a warrant calling the annual town meeting
and setting out the subjects to be acted upon at the said meeting. In
accordance with Section 2.4, the warrant as thus published may omit certain
3.1 B
Amended under article 29 ATM, May 13, 2013
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subjects which were included in the list of subjects submitted on or before the
one hundred and twentieth day for zoning articles and ninetieth day for all other
articles preceding the date on which the opening session of the annual town
meeting is to be held but it shall not contain any subject which was not included
on such list.
SECTION 3.6 REPORT AND RECOMMENDATIONS
There shall be published for every annual town meeting a copy of the warrant
and a report to the voters which shall contain the explanation and relevant
data submitted in accordance with Sections 2.4, together with the articles;
provided, however, that voluminous supporting material necessary for
consideration of the report to town meeting may, in the alternative and at the
discretion of the Finance Committee and (with respect to zoning articles) the
Planning Board, be made reasonably available for inspection at public
locations prior to town meeting.
In addition to the report of the Planning Board setting out its recommendations
as to all zoning articles as required by section 2.1, the Finance Committee
shall prepare a written report, setting out its conclusions and
recommendations, including the reasons therefore, regarding articles in the
warrant. The report shall also include as an appendix the annual report of the
capital outlay and planning committee, setting forth (i) a five-year capital plan
for the information and guidance of town meeting and (ii) a one-year capital
plan that the committee believes should be approved by the ensuing annual town
meeting and the method of financing same. In addition, the Select Board shall
have the opportunity to include in the report its conclusions and
recommendations, including the reasons therefore, regarding articles in the
warrant that relate to its general superintendence over the administration of
town affairs.
Not later than the fourteenth (14th) day prior to the date on which the opening
session of the annual town meeting is to be held, one copy of the warrant and
report shall be posted on the town’s website and another copy shall be
delivered or mailed to each residence that contains one or more registered
voters.
SECTION 3.7 CONSENT CALENDAR
Before every annual town meeting the moderator, after consultation with the
chairs of the Select Board and the Finance Committee, shall select from the
warrant those articles which in the experience and judgment of such officers
are deemed likely to be adopted without debate and cause such articles, and
the motions to be made under each one of them, to be identified in a Consent
Calendar included as part of the report required to be prepared by Section
2.6.
At an appropriate time during the town meeting, the moderator shall announce
consideration of the Consent Calendar. Upon such announcement by the
moderator the chair of the Finance Committee shall forthwith move to adopt
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the motions in the consent calendar, as a group, without debate. After
seconding of the motion the moderator shall recognize any voter for the
purpose of holding out any article and shall cause any article thus held out to
be deleted from the motion to adopt. When all requests to hold out articles
have been received, the moderator shall put the motion as modified to a vote.
Adoption of the motion by unanimous vote shall constitute adoption of all of
the motions contained therein. Thereafter all articles held out, or if the motion
to adopt is not voted unanimously, all articles in the Consent Calendar, shall
be acted upon individually as otherwise provided in town meeting procedures.
SECTION 3.8 RULES GOVERNING AMENDMENTS TO A MAIN MOTION
A motion to amend or to substitute another motion must be submitted to the
moderator in writing. The moderator may refuse to accept a proposed
amendment or substitution not in writing.
Whenever possible, copies of proposed amendments or substitutions should be
given to the town moderator and the Town Clerk in advance of the meeting at
which the motion is made.
If the proposed amendment or substitution consists of thirty words or more, it
shall be duplicated and a copy made available to every person present before
the meeting is asked to vote on the motion to amend or to substitute.
When an amendment or substitute motion is under consideration, debate is
limited to a discussion of that amendment or substitute motion only, and
discussion on the main motion is out of order until a vote is taken on the motion
to amend or substitute.
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REVISED General By-Laws (2022 edition)
ARTICLE IV
THE OPENING AND PROCEDURE OF TOWN MEETINGS FOR
THE TRANSACTION OF MUNICIPAL BUSINESS
Section 1. Reading of the Warrant and Return of Service
The warrant for the Town Meeting and the return of the person who has served
the same shall be read by the Town Clerk, unless the meeting votes that the
reading of the articles in the warrant be dispensed with.
Section 1A. Moderator 4-1A
The Moderator chosen to preside over the Annual Town Meeting for the
transaction of municipal business shall continue in that office until the next
Annual Town Meeting. If a moderator so chosen is absent a Temporary
Moderator shall be chosen to preside.
Section 2. Limitation on Admission to Voters; Exception
No person whose name does not appear upon the list of registered voters shall
be admitted upon the floor of the hall where a Town Meeting is being held, and
the voting list shall be used to determine who shall be admitted by Tellers
appointed by the presiding officer. Other persons may be admitted upon the floor
of the hall with the permission of the Moderator.
Section 3. Quorum 4-3
Section 4. Town Moderator, Powers and Duties4-4
(a) In General – The town moderator shall preside and regulate the proceedings
at town meetings so as to preserve order and decorum. The town moderator
shall decide all questions of order, subject to a motion to appeal the ruling of the
chair as provided by law, by by-law or by the rules of parliamentary procedure.
Every ruling involving a question of order shall be entered into the records of the
town meeting by the town clerk. The town moderator may appoint another voter
to perform the duties of the town moderator subject to the approval of Town
Meeting in order to speak on an article appearing in the warrant, if ill or called
away, or in any other instance where it might be construed a conflict of interest
for the town moderator to preside.
(b) Parliamentary Guidelines - In all matters of parliamentary procedure not
provided for in the constitution and laws of the Commonwealth, the town by-laws,
town policies, procedures and practices, the town moderator (and the voters)
shall be guided by the principles of fairness, clarity, and efficiency, in that
order. In determining any parliamentary question, the town moderator shall give
due regard to the entire body of scholarship encompassing parliamentary
4-1A
Inserted under article 2, STM June 2, 1969.
4-3
Article IV, Section 3 of these By-Laws was deleted in its entirety by action taken under article 18, ATM April 29, 1996.
4-4
Section 4 replaced under article 35, ATM April 26, 2006.
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procedure, but with particular emphasis on the most recently published edition of
Town Meeting Time, a manual of parliamentary procedure published by the
Massachusetts Moderators Association, but resort may also be had for guidance
to other authorities and examples of parliamentary procedure, including
reference to rules and rulings of state and local legislative bodies.
Section 5. Order of Business4-5
The order of business at the annual town meeting shall be as follows:
1. the election of a moderator,
2. the adoption of procedures to govern the conduct of the meeting,
3. to hear the reports of committees appointed at prior town meetings,
4. to hear a report on the fiscal condition of the town,
5. to act on a, so-called, consent agenda,
After all of the above matters have been taken up the other articles in the town
meeting warrant shall be acted upon in the order in which they are drawn, in
lottery fashion, by the town clerk, assisted by the town moderator.
When an article has been drawn in the lottery it shall then, at once, be acted
upon and no other article shall be taken up until the drawn article has been fully
disposed of, provided, however, a motion to return the article to the lottery pool
until some other article has been acted upon, may be accepted by the moderator
if made prior to any discussion on the merits of the drawn article.
All articles which in the opinion of the moderator could, or might raise,
appropriate or transfer any funds or otherwise obligate the town to spend or
encumber any funds, shall be acted upon before the general appropriation article
is taken up.
The moderator may declare that certain articles must be acted upon in a
particular order of sequence, or that one article must be acted upon before
another article may be acted upon, or that an article is to be taken up at a time
certain. In any such situation the articles shall be acted upon in the order and at
the time determined by the town moderator. Any decision by the Moderator may
be appealed to the floor of town meeting in accordance with Article IV, section 4
of the General Bylaws of the Town.
Section 6. Reconsideration4-6
If an article in the Warrant has once been acted upon and disposed of, it shall not
be again considered at the same meeting, or any adjournment thereof except by
a two-third (2/3) vote of the voters present and voting on the motion to
reconsider.
No final vote shall be reconsidered unless notice shall have been given not less
than thirty-six week day hours preceding the time a vote is taken on the question:
“Shall the final vote taken under article [oo] of this warrant be reconsidered?”
4-5
Section 5 replaced under article 35, ATM April 26, 2006.
4-6
As amended under article 35, ATM April 26, 2006.
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Whenever a motion is made (and seconded) to reconsider a previously completed
final vote, the moderator shall place said motion on the calendar for action as the
first order of business at the next session of the town meeting held more than thirty-
six week day hours after the time the said motion is made.
Section 7. Reports of Committees
No reports of Committees shall be in order unless made under an article in the
Warrant which indicates the subject to be reported upon, or the report of the
Finance Committee on an article which indicates the subject to be reported upon.
Section 8. Conduct of Speakers
Every person when about to speak shall rise, respectfully address the chair and
wait until they are recognized by the Moderator, and in speaking they shall refrain
from mentioning by name any other person present, shall confine themselves to
the question under consideration and avoid personalities.
Section 9. Conduct of Speakers, Continued
No person shall address the meeting without first being recognized by the
Moderator and all persons shall, at the request of the Moderator, be silent. When
two or more persons shall rise to speak at the same time the Moderator shall
name the one entitled to speak.
Section 10. Limitation of Speaking
Without first obtaining leave of the meeting, no person shall speak more than
twice on any question except to correct a mistake or misstatement, or to make an
explanation, and no person shall speak more than ten minutes at any one time
without being again recognized by the Moderator.
Section 11. Limitations on Debate4-11
(a) Time Limit – Debate may be closed not less than ten minutes
following the adoption of a vote to limit debate under an article to
a fixed time.
(b) End All Debate – All debate may be terminated under an article
by the adoption of a vote to “move the previous question” with a
plurality of two-thirds, or more of the voters present and voting.
The moderator shall refuse to accept a motion to move the
previous question when made by a speaker after said speaker has
made any remarks concerning the merits of the main question
then pending.
4-11
Section 11 replaced under article 35, ATM April 26, 2006.
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Section 12. Voting4-12
When a question is put to the voters the sense of the meeting shall, in the first
instance, be determined by the voices of the voters, and the moderator shall
announce the vote as it appears to the moderator by the sound. If the moderator
is in doubt, the sense of the meeting shall next be determined by a show of
hands, and if the moderator is in further doubt the sense of the meeting shall
finally be determined by a standing vote. If the announcement of a vote by the
moderator is immediately doubted by seven or more voters standing in their
place for that purpose, the moderator shall, without debate, determine the vote
by ordering a standing vote and shall appoint tellers to make and return the
count, as provided in section 15. At the discretion of the town moderator the
voice vote, or the show of hands vote, may be eliminated. There is no appeal
from the results of a standing vote.
If a two thirds, four fifths or nine tenths vote of a town meeting is required by
statute, a standing vote shall be taken, and the vote shall be recorded in the
records by the town clerk; provided, however, if a two-thirds vote of a town
meeting is required by statute, a declaration by the town moderator that the vote
constitutes that number shall be sufficient, unless said declaration shall
immediately be doubted by seven or more voters as aforesaid. If a four fifths or
nine tenths vote of a town meeting is required, the Moderator may choose to see
by voice vote whether the vote is unanimous, in which case no standing vote
shall be necessary.
Section 13. Disclosure of Interest 4-13
Any person who is employed as an attorney by another interested in any matter
under discussion at a Town Meeting shall disclose the fact of their employment
before speaking thereon.
Section 14. Emergency Measures 4-14
No vote adopted at any town meeting for the transaction of business, except a
vote to adjourn, shall be operative until the final dissolution of said town meeting,
unless the meeting at which the vote in question is adopted, also votes by a two-
thirds majority of those present and voting, that the vote in question relates to an
existing emergency, in which case the said vote shall take full force and effect
immediately.
Section 15. Teller Voting Procedure 4-15
a. That two tellers for each of the three seating sections of the hall be
assigned, plus one teller for the official’s table.
b. That residents be requested to stay in their places until a total vote
is completed and announced.
4-12
Section 12 replaced under article 35, ATM April 26, 2006.
4-13
Inserted under article 34, ATM 1951.
4-14
Inserted under article 10, ATM 1965.
4-15
Inserted under article 63, ATM 1971.
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c. That the doors to the hall be closed during the tallying of a vote and
standees be required to take a seat in the hall or any place
designated by the Moderator.
d. That a list of at least 20 volunteer tellers be kept by the moderator
and that they be used on a rotating basis.
e. That a tallied vote be posted, by section, as it is taken, on a large
blackboard.
f. That all votes be counted and recorded “Ayes” first and “Nays”
second.
Section 16. Labor Contracts 4-16
At least forty-five (45) days before the start of a Town Meeting at which any labor
contract between the town and any municipal employee or group of municipal
employees is to be presented to any Town Meeting for funding, copies of the
contract shall be placed on file by the municipal employer for public examination,
inspection and review in the Office of the Select Board, Finance Committee,
Town Clerk and at the Canton Public Library, and further in case of any labor
contract entered into by the School Committee, copies of any such contract shall
also be placed on file at its Administration Offices. In addition, all such labor
contracts shall be posted at Town Meeting in a conspicuous place designated by
the Moderator. A representative of the municipal employer shall certify to the
Town Meeting that the foregoing requirements have been met. Such certification
shall be conclusive.
Section 17. Motion to Require the Use of Written Ballots4-17
Written ballots may be used to determine a vote under any article in the warrant
(1) in the discretion of the moderator made in advance of the meeting, or (2) if
said use is directed by a majority vote of the town meeting in lieu of the
procedures for voting set out in Article IV, Section 12. Notwithstanding the
requirements of Article IV, section 5 of these General Bylaws, whenever the town
meeting votes to cause the vote under any article in the warrant to be taken by
written ballots the vote shall be suspended for not less than thirty-six week day
hours in order to allow time for ballots to be prepared and procedures to be put in
place for the conduct of said voting. The town moderator shall place said motion
on the calendar for action as the first order of business at the next session of the
town meeting held more than thirty-six weekday hours after the time the said
motion has been voted.
4-16
Inserted under article 6, STM held June 10, 1991 and as amended under article 18, ATM 1991.
4-17
Section 17 inserted under article 35, ATM April 26, 2006.
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ARTICLE V
TOWN CLERK
Section 1. Notice of Town Votes to Town Agencies
The Town Clerk, as soon as possible after a vote of the Town has been passed
which relates particularly to or effects the duties of any Board, Committee, or
Officer of the Town shall furnish a copy of such vote to such Board, Committee,
or Officer.
Section 2. Notice of Election or Appointment to Individuals
The Town Clerk shall promptly cause to be notified in writing each officer or each
member of every Committee who may be elected or appointed at any Town
Meeting or in pursuance of any vote thereto. Such notice shall contain a copy of
the vote creating the Committee and the names of all members of such
Committees.
Section 3. Notice of Appropriations to Certain Town Officers
The Town Clerk shall promptly after each session of a Town Meeting furnish the
Assessors, Town Treasurer and Select Board with a statement of all moneys
appropriated by the Town at each session and the purpose for which said
moneys were respectively appropriated.
Section 4. Official Bulletin Board 5-4
The Town Clerk shall erect and maintain a principal official “Town Bulletin Board”
outside the Clerk’s office in the corridor of lower Memorial Hall, so as to provide
easy and unrestricted public access at all times that Memorial Hall is open, and
the Clerk shall post on said bulletin board all official legal public notices, and all
notices of meetings of boards, committees and commissions as required by
Chapter 39, Section 23B of the Massachusetts General Laws.
Section 5. Fees to be Charged by Town Clerk5-5
The fees are to be set by the Town Clerk in accordance with applicable law
including GL c. 262, s. 34, or otherwise pursuant to GL c. 40, s. 22F.
5-4
Inserted under article 78, ATM 1980.
5-5
Inserted under article 29, ATM 1984 and as amended under article 32, ATM 1990. Section 5 deleted in its entirety and
replaced under article 53, ATM April 26, 2004.
15Source page 16
REVISED General By-Laws (2022 edition)
Section 6. Notice of Town Votes to General Court 5-6
The Town Clerk, as soon as possible after a vote of the Town has been passed
which requires a special legislative act in accordance with the provisions of
Section 8 of Article 89 of the amendments to the State Constitution, shall notify in
writing, the State Representative and State Senator of the district in which the
Town is situated, and shall provide said representative and senator with a
certified copy of said vote, and any other information necessary to ensure that
the legislation is promptly and properly filed.
5-6
Inserted under article 41, ATM 1982.
16Source page 17
REVISED General By-Laws (2022 edition)
ARTICLE VI
GENERAL COMMITTEES
Section 1. Appointment of Members
All Committees except as otherwise provided by Law or by By-Law or by vote of
the meeting shall be appointed by the Moderator as soon as may be after the
passage of the vote creating the Committee and in choosing a Committee by
nomination from the floor, no person shall nominate more than one member of
such Committee.
Section 2. Temporary Chair, Provision When No Report of Committee
Unless otherwise provided, the first named member of a Committee shall
immediately call all members of the Committee together for the purpose of
organization, and each Committee shall thereafter proceed with its duties and
report to the Town as promptly as possible, and unless it is sooner discharged, it
shall make a report at the next Annual Meeting. All members of a Committee
which fails or neglects to make a report at each Annual Meeting, shall by such
failure be held to have resigned and without further action or vote new members
shall be appointed.
Section 3. Conflict of Interest 6-3
No town officer, employee, or member of any town board or committee, shall in
their official capacity make or pass upon or participate in making or passing upon
any sale contract, agreement, license or permit, in which they, directly or
indirectly, has any personal or financial interest. A violation of any provision of
this section shall in addition to the penalties provided in Article I, Section 1,
hereof render the sale, contract, agreement, license or permit, in respect to which
such violation occurred, voidable on behalf of the Town at the option of the
Select Board.
Section 4. (disallowed by the Attorney-General)
Section 5. Copies of Reports to Finance Committee
All special Committees shall submit a copy of their report to the Finance
Committee for its consideration before said report can come before the Town for
action, except such committees who have a question under consideration which
does not involve an appropriation by the Town.
6-3
As amended under article 35, ATM 1951.
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REVISED General By-Laws (2022 edition)
Section 6. Permanent Filing of Committee Reports
All reports of Committees, except reports of progress, shall be permanently file
for preservation with the Town Clerk, and if the Select Board deem best, or the
Town so votes, the report of any committee shall be published as a part of the
next Annual Town Report.
Section 7. Minutes of Meetings to be filed with Town Clerk 6-7
All multiple member bodies, whether elected, appointed or otherwise constituted
shall file with the Town Clerk, with reasonable promptness following their
approval, minutes of all meetings. Said minutes shall be signed by the
Secretary, and shall be submitted in accordance with rules of uniformity
established by the Town Clerk.
6-7
Inserted under article 17, ATM 1989.
18Source page 19
REVISED General By-Laws (2022 edition)
ARTICLE VII
TOWN FINANCE AND ADMINISTRATION
PART A - DEPARTMENT OF MUNICIPAL FINANCE 7A
(A) Establishment
There shall be a department of finance which shall be responsible for the
management of the fiscal and financial affairs of the town and for the
supervision and coordination of all activities of all government agencies in
relation to any fiscal or financial matters except for those fiscal or financial
matters which are authorized to be under the administration of the School
Committee at the time this by-law is enacted.
(B) Purpose
It is the intention of this by-law to consolidate all of the fiscal and
financially related activities and functions of the town into a single
department as noted in paragraph A – Establishment; in order to attain the
efficiencies and economies of scale, to reduce or eliminate duplication and
overlapping of services, responsibilities and functions and to improve the
communication and coordination between and among the various offices
and agencies of the town. It is the further intention of this by-law that the
director of finance by authorized to assign responsibilities and functions
between and among personnel within the department, permanently or
from time to time, without regard to the lines of responsibilities which have
previously been associated with the several offices herein consolidated.
(C) Scope of Department Activities
The Department of Finance shall be responsible for and shall include the
following functions:
(1) Coordination of all financial services and activities of the Town
government;
(2) Maintenance of all accounting records and other financial
statements for all Town governmental offices and agencies;
(3) The payment of all financial obligations on behalf of the Town;
(4) The receipt of all funds due to the Town from any source;
7A
Inserted under article 12, ATM 1990.
19Source page 20
REVISED General By-Laws (2022 edition)
(5) The rendering of advice, assistance and guidance to all other Town
offices and agencies in any matter relating to financial or fiscal
affairs;
(6) The monitoring throughout the fiscal year of the expenditure of
funds by Town offices and agencies, including the periodic
reporting of all such offices and agencies on the status of accounts
with recommendations concerning fiscal and financial policies to be
implemented by such offices and agencies.
(7) Supervision of the purchase of all goods, supplies and materials by
all Town Governmental offices and agencies, including a central
purchasing system, and an inventory control system.
(8) Supervision of all data processing functions, activities and
equipment of the Town and any of its governmental offices or
agencies.
(9) Maintains close contact with School Superintendent, Business
Manager and other officials regarding intergovernmental matters
affecting the financial operations of the Town.
(D) Director of Finance
(1) Appointment, Term of Office – There shall be a Director of Finance
appointed by the Select Board to serve for an initial term of two
years and subsequent terms of re-appointment for this person shall
be for a term of three years and until a successor is appointed and
qualified. Terms of appointment for any successors (new hire) shall
be for a two year initial term followed by a re-appointment for a
three year term until a successor is appointed and qualified. The
Director of Finance may be terminated by the Select Board.
(2) Qualifications - The Director of Finance shall be a person especially
fitted by education, training and experience to perform the duties of
the office. At the time of appointment the Director of Finance shall
hold at least the following minimum qualifications:
a bachelors degree in a field appropriately related to finance,
including, but not limited to business administration or public
administration and shall have had at least seven years of
progressively responsible experience in public or governmental
finance, provided, however, that two years of experience may be
substituted for the Masters degree in public administration or
related field.
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REVISED General By-Laws (2022 edition)
(3) Powers and Duties 7-A-1 - The Director of Finance shall be
responsible to and report directly to the Select Board for the
effective operation of the Department of Finance and all of the fiscal
and financial activities of the Department. The Director of Finance
shall, with approval of the Select Board, appoint and discharge
employees within the Division of Finance. The Director of Finance
shall supervise all activities of the Department of Finance and shall
direct and assign all personnel serving in the said department.
The Director of Finance may serve, notwithstanding any provision
of this law which may appear to the contrary, as the head of any
other division within the department or may appoint the head of one
office within the department to serve in addition as the head of
another office within the department.
The Director of Finance shall have the following specific powers
and duties:
(a) to assure that a full and complete inventory of all Town property is
kept, including all such property under the jurisdiction of the School
Committee.
(b) to be responsible for purchasing all supplies, material and
equipment for all offices and agencies of the Town to the extent
provided in section one hundred and three of Chapter forty-one of
the General Laws, and for the purposes of Chapter thirty B of the
General Laws such officer shall be deemed to be Chief
Procurement Officer of the Town. The Director of Finance may
delegate any of the powers and duties of the Office of Chief
Procurement Officer to one or more procurement officers to serve
specific Town Offices or agencies in the manner provided in
Section nineteen of Chapter thirty B.
(c) to be responsible for the development of an annual operating
budget and an annual capital improvement plan to be submitted to
the Select Board and subsequently to the Finance Committee as
provided for by existing by-law and for the oversight throughout
each fiscal year of the expenditure of all Town funds pursuant to
such budgets as are adopted by the Town.
The Director of Finance shall receive all requests made for the
expenditure of Town funds from every Town office and agency.
The Director of Finance shall assemble all such requests into a
7-A-1
As amended under Article 35, ATM 1993.
21Source page 22
REVISED General By-Laws (2022 edition)
form deemed to be best suited to show a complete financial plan for
all Town funds and activities for the ensuing fiscal year. In making
such arrangement the Director of Finance may alter in any manner
the requests made for appropriations by any Town office or agency,
except those headed by officers or multiple member bodies elected
directly by the voters.
The Director of Finance shall, annually, prepare a proposed Town
operating budget for the ensuing fiscal year within fiscal guidelines
recommended by the Select Board. The proposed operating
budget prepared by the Director of Finance shall utilize modern
concepts of fiscal presentation so as to furnish a maximum amount
of information and the best financial controls. The proposed
operating budget shall show in detail all estimated income from the
proposed property tax levy and from every other source, by
category.
(d) to adopt and to promulgate rules and regulations governing any
subject within the jurisdiction of the department as are necessary to
implement the provisions of this by-law.
(E) Operating Offices
The Department of Finance shall consist of the following offices:
(1) Office of Collections
The office of Collections shall be headed by a Town Collector
appointed by the Director of Finance, subject to the approval of the
Select Board, who shall serve for an indefinite term.
The Town Collector shall collect all accounts due to the Town from
any source, the Town Collector shall upon receipt of a tax list and
warrant from the board of Assessors collect the taxes and make a
return thereon to the Board of Assessors. The Town Collector shall
give to the Town Treasurer an account of all funds received by the
Office of Collections and shall pay over and account to the Town
Treasurer all money received by said office. Except as otherwise
provided in this by-law, the Town Collector shall have all of the
powers, duties and responsibilities which are given to Town
Collectors by General Law.
(2) Office of Treasury Management
The Office of Treasury Management shall be headed by a Town
Treasurer appointed by the Director of Finance, subject to the
approval of the Select Board and who shall serve for an indefinite
term.
22Source page 23
REVISED General By-Laws (2022 edition)
The Town Treasurer shall receive and take charge of all money
belonging to the Town. The Town Treasurer shall according to the
order of the authorized officers of the Town pay out and make all
disbursements of funds on behalf of the town. Except as otherwise
provided in this by-law the Town Treasurer shall have all of the
other powers, duties and responsibilities which are given to town
Treasurers by General Law.
(3) Office of Accounting
The Office of Accounting shall be headed by a Town Accountant
appointed by the Director of Finance, subject to the approval of the
Select Board, and who shall serve for an indefinite term.
The Office of Accounting shall examine the books and accounts of
all offices and agencies entrusted with the custody or expenditure
of money. The Office of Audit [accounting] shall have free access
to all such books, accounts, bills, vouchers and other records of
financial transactions as may be necessary for the performance of
its auditing functions. The Office of Audit [accounting] shall at least
once in each fiscal year verify the cash balances of such offices
and agencies by actual count of the cash and by reconciliation of
bank balances. The office of Audit [accounting] shall prepare all
warrants for the expenditure of Town funds before any payment is
made by the Office of Disbursements. Except as otherwise
provided in this by-law the Town Accountant shall have all of the
other powers, duties and responsibilities which are given to Town
Accountants by General Law, including the authorization to report
matters of fraud, waste, improper or illegal activity to the Select
Board.
(4) Office of Information Systems 7-AE4
The Office of Information Systems shall be headed by a
manager of Information Systems Services, appointed by the
Director of Finance, subject to the approval of the Select
Board, and who shall serve an indefinite term.
The Office of Information Systems shall
1. Encourage the use of information systems technology
by all town departments, offices and agencies as a
means to increase administrative and operational
productivity.
2. Determine and recommend information systems
technology solutions including computer and related
resources acquisition, documentation requirements,
7-AE4
Inserted under article 30, ATM April 29, 2002.
23Source page 24
REVISED General By-Laws (2022 edition)
system change costs and data development methods to
meet current and anticipated town requirements.
3. Determine the feasibility of converting specific
operations to utilize emerging information technology
innovations and make related recommendations.
4. Review and evaluate all proposals or requests from all
town departments, offices and agencies for information
systems technology services and provide related
assistance on request, subject to the direction and
priorities established by the Finance Director.
5.Oversee appropriate use of information systems
computer and computer-related personnel, equipment,
and processes by the efficient and effective
management of the acquisition and use of these
resources.
(F) Transitional Provisions
Any person holding any office or position in any Town agency affected by
the adoption of this by-law at the time of its taking effect shall be continued
in the said office or position until the term for which they were elected or
appointed has expired. All such officers and all Town employees serving
in such Town Agencies shall be continued in the service of the Town
without loss of any benefit to which they might otherwise have been
entitled.
This by-law shall take effect upon the effective date of the appointment of
the first person to fill the Office of Director of Finance and shall be deemed
to be in effect for all purposes of all provisions of this by-law, it being
understood, however, that in the best interests of the town of Canton such
officer should not be expected to personally assume or to exercise all of
powers, duties and responsibilities of the office simultaneously with the
assumption of the office and that some of the functions of the office,
specifically intending to include the budget making and the purchasing
provisions contained in this by-law, will be phased in and assumed by
such officer on a gradual basis.
In any case in which the provisions of this by-law do or may conflict with
the provisions of any other by-law heretofore adopted the provisions of
this by-law shall be deemed to prevail.
24Source page 25
REVISED General By-Laws (2022 edition)
PART B - FINANCE COMMITTEE 7-B
Section 1. Composition of Committee; Limitations
There shall be a Finance Committee which shall consider any and all municipal
operations involving an appropriation by the Town, for the purpose of making
reports and recommendations thereon to the Town. Such Committee shall consist
of nine voters, who shall serve without pay, none of whom, during their service on
such Committee, shall hold any regular elective Town office or be a paid employee
of the town.
Section 2. Quorum
Five members of the Finance Committee shall constitute a quorum thereof.
Section 3. Method of Appointment; Terms of Office; Organization; Filling of
Vacancies
The Moderator shall after the dissolution of each Annual Town Meeting, for the
transaction of business, and prior to June thirtieth, appoint three members of the
Finance Committee to serve for three years.
If there is a vacancy in the Finance Committee whether caused by death,
resignation or otherwise, the Finance Committee shall immediately notify the Town
Moderator in writing and the Moderator shall thereupon fill such vacancy for the
unexpired term. If any member is absent from eight consecutive meetings of the
Finance Committee, except in case of illness, their position shall be deemed to be
vacant and the remainder of the unexpired term shall be filled by appointment of
the Moderator as provided in herein. Said committee shall choose its own officers
at its first meeting following the dissolution of the annual town meeting.
Section 4. Duty of Committee, In General
It shall be the duty of the Finance Committee to study the financial affairs of the
town and to advise town meeting as to expenditures and recommendations for
appropriations to be made by it. To this Committee shall be referred all articles of
the Warrants calling for appropriations.
Section 5. Right of Access
The Committee shall have access to all facts, figures, records and other
information relating to all fiscal affairs of Town Departments, Boards, Committees
or Officers and the same shall be furnished forthwith by any Department, Board,
Committee, Officer, or employee whenever so requested by the Committee.
Section 6. Poll of Members
The recommendations of the Finance Committee with reference to the various
Articles of the Town Warrants shall include a poll of the votes taken at the meetings
of the Finance Committee, said poll to show only the number of Committee
members voting in favor of or against the actions recommended by the full
Committee.
7-B
Part B deleted in its entirety and replaced by a new Part B under article 18 ATM May 8, 2017
25Source page 26
REVISED General By-Laws (2022 edition)
Section 7. Procedures
The Finance Committee shall consider the various articles in the Warrants for all
the Town Meetings held during the period for which they are appointed including
the Warrant for the Annual Town Meeting next after their appointment and they
shall report in print at all Town Meetings their estimates and recommendations for
action of the Town.
Section 8. Reports by Town agencies to Provide Certain Information
All Departments, Boards, Committees, or Officers authorized by law to expend
money shall furnish to the Finance Committee, on or before the second Monday in
September of each year, detailed reports of the expenditures for the previous fiscal
year; and, for the ensuing fiscal year, detailed estimates of the amounts necessary
for the proper maintenance and administration of the departments shall be
submitted on or before the third Friday in January.
Section 9. Transition
The members of the Finance Committee in office at the time of the adoption of the
amendment to this By-law reducing the number of members of the Finance
Committee from twelve to nine shall remain in office until the term of their
appointment expires or they otherwise vacate their office, notwithstanding the
reduction in the number of members, such that the reduction in the number of
members from twelve to nine shall be accomplished over the course of a three
year period by the appointment each year of three members by the Moderator.
26Source page 27
REVISED General By-Laws (2022 edition)
ARTICLE VIII
FINANCIAL REGULATIONS
Section 1. (Disallowed by Attorney-General)
Section 1A. Sale of Town Owned Land 8-1A
Whenever town owned land is to be sold or otherwise disposed of, and whether
acquired for municipal purposes, or as a result of a tax lien or foreclosure, or
otherwise, an Article to authorize such disposition shall be placed in the warrant
for a Town Meeting.
Section 2. Information on Tax Bills
The Collector shall cause to be printed upon the Tax Bills a statement of the Law
relative to the date when Taxes are payable and the rate of interest charged on
unpaid Taxes.
Section 3. Salary of Tax Collector 8-3
Section 4. Unexpended Balances 8-4
Section 5. Conflict of Interest 8-5
Section 6. Solicitations for Bids 8-6
Section 7. Exception to Above
Nothing in this article contained shall prevent the awarding of contracts without
such advertising in cases of extreme emergency so declared by the Select
Board.
Section 8. Bond Required 8-8
Every contract exceeding one thousand dollars ($1,000.00) shall be
accompanied by a suitable bond for the performance of the same, or by deposit
of money or security to the amount of such bond, if so requested by the Officer or
Board authorized to make the contract.
Section 9. Audit of Accounts
All of the accounts of the Town shall be audited annually by the Director of
Accounts, in accordance with the provisions of Chapter 44, Section 35, of the
General Laws (Tercentenary Edition).
8-1A
Inserted under article 21, ATM 1984.
8-3
Article VIII, Section 3 was deleted in its entirety by action taken under article 51, ATM April 28, 1999.
8-4
Article VIII, Section 4 was deleted in its entirety by action taken under article 51, ATM April 28, 1999.
8-5
Article VIII, Section 5 was deleted in its entirety by action taken under article 51, ATM April 28, 1999.
8-6
As amended under article 50, ATM 1964, article 33, ATM 1978, article 9, ATM 1981 and under article 12 (part A), ATM
1991. Section 6 was deleted in its entirety by action taken under article 19, ATM April 30, 2003.
8-8
As amended under article 33, ATM 1978.
27Source page 28
REVISED General By-Laws (2022 edition)
Section 10. Procedure for Procurements 8-10
All purchases and other procurements of supplies, articles, materials and
services by town officers and town employees shall be made in conformity with
the procedures required by Chapter thirty B of the General Laws.
Section 11. Recreation Fund 8-11
Section 12. Pequitside Fund 8-12
The Conservation Commission is hereby authorized to accept grants or gifts from
the Federal Government, from a charitable corporation, from a private
corporation or from an individual. Such funds as may from time to time be
received shall be deposited with the Town Treasurer and held as a separate
account.
The Conservation Commission is further authorized to deposit to said fund all
sums received in connection with the conduct of programs or activities it is
authorized to conduct.
The Conservation Commission may, with the approval of the Select Board,
expend funds from the said account for any purpose in the restoration, repair,
modification and maintenance of the buildings, structures, grounds and property
at Pequitside Farm, without further appropriation.
Section 13. Denial, Revocation or Suspension of Local Licenses and
Permits 8-13
(a) Any Town agency may deny any application for, or revoke or suspend a
building permit, or any local license or permit including renewals and
transfers issued by any board, officer, department for any person,
corporation or business enterprise, who has neglected or refused to pay
any local taxes, fees assessments, betterments or any other municipal
charges, including amounts assessed under MGL Chapter 40 Section 21D
or with respect to any activity, event or other matter which is the subject of
such license or permit and which activity, event, or matter is carried out or
exercised on or about real estate whose owner has neglected or refused to
pay any local taxes, fees assessments, betterments or any other municipal
charges.
The Collector-Treasurer or other municipal official responsible for the
records of all municipal taxes, assessments, betterments and other
municipal charges, hereinafter referred to as the Collector-Treasurer shall
annually and may periodically furnish to each department, Board,
8-10
Inserted under article 57, ATM 1967. Article VIII, Section 10 was deleted in its entirety and replaced by a new section
10 by a vote taken under article 51, ATM April 28, 1999.
8-11
Inserted under article 77, ATM 1971, Section 11 deleted in its entirety under article 11, ATM 2015.
8-12
Inserted under article 52, ATM 1987.
8-13
Inserted under article 14, ATM 1992. Section 13 was deleted in its entirety and replace by a new section 13 by a vote
taken under article 33, ATM May 8, 2017.
28Source page 29
REVISED General By-Laws (2022 edition)
Commission or division, hereinafter referred to as the licensing authority,
that issues licenses or permits including renewals and transfers, a list of any
person, corporation, or business enterprise, hereinafter referred to as the
party, that has neglected or refused to pay any local taxes, fees,
assessments, betterments or other municipal charges and that such party
has not filed in good faith a pending application for an abatement of such
tax or a pending petition before the Appellate Tax Board.
(b) The licensing authority may deny, revoke or suspend any license or permit,
including renewals and transfers of any party whose name appears on said
list furnished to the licensing authority from the Collector-Treasurer with
respect to any activity, event or matter which is the subject of such license
or permit and which activity is carried out or exercised or is to be carried out
or exercised on or about the real estate owned by any party whose name
appears on said list furnished to the licensing authority from the Collector-
Treasurer; provided, however, that written notice is given to the party and
the Collector-Treasurer, as required by applicable provisions of the law, and
the party is given a hearing, to be held not earlier than fourteen days after
said notice. Said list shall be prima facie evidence for denial, revocation or
suspension of said license or permit to any party. The Collector-Treasurer
shall have the right to intervene in any hearing conducted with respect to
such license denial, revocation or suspension. Any findings made by the
licensing authority with respect to such license denial, revocation or
suspension shall be made only for the purposes of such proceeding and
shall not be relevant to or introduced in any other proceeding at law, except
for any appeal from any such denial, revocation or suspension. Any license
or permit denied, suspended or revoked under this section shall not be
reissued or renewed until the license authority receives a certificate issued
by the Collector-Treasurer that the party is in good standing with respect to
any all local taxes, fees, assessments, betterments or other municipal
charges, payable to the municipality as of the date of issuance of said
certificate.
(c) Any party shall be given an opportunity to enter into a payment agreement,
thereby allowing the licensing authority to issue a certificate indicating said
limitations to the license or permit and the validity of said license shall be
conditioned upon the satisfactory compliance with said agreement. Failure
to comply with said agreement shall be grounds for the suspension or
revocation of said license or permit; provided, however, that the holder be
given notice and a hearing as required by applicable provisions of law.
(d) The Select Board may waive such denial, suspension or revocation if it
finds that there is no direct or indirect business interest by the property
owner, its officers or stockholders, if any, or members of their immediate
family, as defined in section one of chapter two hundred sixty-eight in the
business or activity conducted in or on said property.
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REVISED General By-Laws (2022 edition)
This section shall not apply to the following licenses and permits: open
burning; section thirteen of chapter forty-eight; bicycle permits; section eleven A of
chapter eighty-five; sales of articles for charitable purposes, section thirty-three of
chapter one hundred and one; children work permits, section sixty-nine of chapter
one hundred and forty- nine; clubs, associations dispensing food or beverage
licenses, section twenty-one E of chapter one hundred forty-nine; dog licenses,
section one hundred and thirty-seven of chapter one hundred and forty; fishing,
hunting, trapping license, section twelve of chapter one hundred and thirty-one;
marriage licenses, section twenty-eight of chapter two hundred and seven; and
theatrical events, public exhibition permits, section one hundred and eighty-one of
chapter one hundred and forty.
.
Section 14. Due Dates for Payments to Town, Interest on Unpaid Balances
Unless some other provision is made by law which permits a longer time for
payment, all bills for the payment of any sum to the Town of Canton shall be due
on the thirty-first day following the date such bill has been issued.
Interest shall be added to any balance which remains unpaid after such thirty-first
day at the same rate as is provided in section fifty-seven of chapter fifty-nine of
the General Laws.8-14
Section 15. Fee Rate for Delinquencies Requiring Demand Notices8-15
For each written demand issued by the Collector and provided for by law, the
Collector shall charge a fee of ten dollars ($10.00), which fee shall be added to,
and collected as part of, the amount of the tax, as provided by Chapter 60, Section
15, subsection (2) of the General Laws.
Section 16. Departmental Revolving Funds8-16
1. Purpose – This by-law establishes and authorizes revolving funds for use
by town, departments, boards, committees, agencies and officers in
connection with the operation of programs or activities that generate fees,
charges or other receipts to support all or some of the expenses of those
programs or activities. These revolving funds are established under and
governed by General laws Chapter 44, section 53E½.
2. Expenditure Limitations – A department or agency head, board, committee
or officer may incur liabilities against and spend monies from a revolving
fund established and authorized by this by-law without appropriation subject
to the following limitations:
A. Fringe benefits of full-time employees whose salaries or wages are paid
from the fund shall also be paid from the fund.
B. No liability shall be incurred in excess of the available balance of the
fund.
8-14
Inserted under article 13, ATM 1992.
8-15
Inserted under article 23, ATM 2009.
8-16
Inserted under article 11, ATM May 8, 2017. Amended under article 11, motion 1, ATM May 14, 2018. Amended
under article 11. ATM May 15, 2019. Amended under article 10, ATM May 22, 2021
30Source page 31
REVISED General By-Laws (2022 edition)
C. The total amount spent during a fiscal year shall not exceed the amount
authorized by annual Town meeting on or before July 1 of that fiscal
year, or any increased amount of that authorization that is later approved
during that fiscal year by the Select Board and Finance Committee.
3. Interest – Interest earned on monies credited to a revolving fund established
by this by-law shall be credited to the general fund.
4. Procedures and Reports – Except as provided in General Laws Chapter 44,
section 53E½ and this by-laws, the laws, charter provisions, by-laws, rules,
regulations, policies or procedures that govern the receipt and custody of
town monies and the expenditure and payment of town funds shall apply to
the use of a revolving fund established and authorized by this by-law. The
Town Accountant shall include a statement on the collections credited to
the fund, the encumbrances and expenditures charged to each fund and
the balance available for expenditure in the regular report the Town
Accountant provides the department, board, committee, agency or officer
on appropriations made for its use.
5. Authorized Revolving Funds – The Table set forth below establishes:
A. Each revolving fund authorized for use by a town department, board,
committee, agency or officer,
B. The department or agency head, board, committee or officer authorized
to spend from each fund,
C. The fees, charges and other monies charged and received by the
department, board, committee, agency or officer in connection with the
program or activity for which the fund is established that shall be credited
to each fund by the Town Accountant,
D. The expenses of the program or activity for which each fund may be
used,
E. The fiscal years each fund shall operate under this by-law.
Department,
Board,
Committee,
Agency or
Officer
Authorized Fees, Charges or Program or Activity
Revolving to Spend Other Receipts Expenses Payable
Fund from Fund Credited to Fund from Fund Fiscal Years
Providing services to
veterans not funded
#110 – under established
Fiscal Year
Veterans’ Veterans' Contributions, programs, including
2018 and
Services Services Donations, Gifts, but not limited to
subsequent
Special Director Grants. newsletter
years
Revenues publication, monthly
breakfasts, funeral
services, other
31Source page 32
REVISED General By-Laws (2022 edition)
Department,
Board,
Committee,
Agency or
Officer
Authorized Fees, Charges or Program or Activity
Revolving to Spend Other Receipts Expenses Payable
Fund from Fund Credited to Fund from Fund Fiscal Years
commemorative
programs and other
purposes in the
opinion of the
Veterans' Director in
the best interests of
Canton Veterans.
Fees received for
processing passport
applications, loss,
damage or late return of
borrowed materials,
Payment of bills and
replacement of
charges for
borrower cards,
processing passport Fiscal Year
#119 - Library Board of donations, or any other
applications, 2018 and
Revolving Library such fees as may be
purchasing books subsequent
Fund Trustees established by the
and other library years
Board of Library
materials for public
Trustees, for the
loan.
purpose of and
consistent with
maintaining a fair and
efficient library loan
system.
Payment of bills and
#130 - Donations and fees charges in Fiscal Year
Parks &
Recreation received for various connection with 2018 and
Recreation
Revolving programs sponsored by programs sponsored subsequent
Director
Fund Parks & Recreation. by Parks & years
Recreation.
Payment of bills and
Fiscal Year
#132 – Fees paid by students charges to maintain
School 2018 and
Student to park their vehicles at the high school
Committee subsequent
Parking Fees Canton High School. parking lots and
years
grounds.
Rental of Pequitside
Maintaining,
Farm, Rental of Little
improving &
Red House, Rental of Fiscal Year
#134 – renovation of
Conservation Rooms in Main Building, 2018 and
Pequitside property, payment of
Commission Rental of Rooms in subsequent
Farm Rentals salaries for time
Tavern or any other years
spent arranging
portion of building or
rentals.
grounds.
Payment of bills and
charges to maintain
#135 - Fees paid by residents Fiscal Year
the program, with an
Greenlodge and non-residents to 2018 and
Select Board amount transferred
Street Parking park their vehicles along subsequent
to the General Fund
Fees Greenlodge Street. years
as determined by
Town Meeting.
Payment of services
Fiscal Year
#136 - Fees received from the required to install
Beautification 2018 and
Beautification sale of bricks and other bricks and for other
Committee subsequent
Fund donations. beautification
years
projects.
32Source page 33
REVISED General By-Laws (2022 edition)
Department,
Board,
Committee,
Agency or
Officer
Authorized Fees, Charges or Program or Activity
Revolving to Spend Other Receipts Expenses Payable
Fund from Fund Credited to Fund from Fund Fiscal Years
Payment for
#137 – Animal Fiscal Year
Animal veterinary services
Control Adoption and boarding 2018 and
Control and payments to
Special fees. subsequent
Officer Animal Control
Revenues years
Officer.
Fees for rental and use
of Community or other
assembly rooms used Paying bills,
for meetings, programs connected with the
or other events, providing of
Fiscal Year
#138 – Library Board of including payments for maintenance and
2018 and
Building Library use of facilities and supply of facilities
subsequent
Rentals Trustees conveniences in and for the support
years
conjunction with use of and safe conduct of
spaces, as may be said programs and
established by the events.
Board of Library
Trustees.
Payment of bills and
Donations and other
charges in Fiscal Year
#140 – COA fees received for
Council on connection with 2018 and
Revolving various programs
Aging various programs subsequent
Fund sponsored by the
sponsored by the years
Council on Aging.
Council on Aging.
Providing services to
Canton citizens not
otherwise funded
under established
programs, including
#141 – Board Fiscal Year
Contributions, but not limited to flu
of Health Board of 2018 and
donations, gifts, grants, vaccinations, child
Special Health subsequent
reimbursements. and teenage health
Revenues years
education &
development
programs and
elderly health
programs.
Rolling Mill, open space
or historical grants,
Providing additional
Rolling Mill, open space
funding relative to
or historical gifts,
the Rolling Mill,
Rolling Mill, open space
#142 – Paul Grounds and
or historical
Revere Museum Fiscal Year
endowments, Rolling
Heritage Site maintenance 2020 and
Select Board Mill, open space or
Rolling Mill expenses, operating subsequent
historical contributions,
and Open expenses, capital years
Rolling Mill, open space
Space Fund expenses, repair
or historical donations,
expenses building
Rolling Mill rentals,
expenses, event
grounds rentals,
fees.
grounds use, receipts
from events.
33Source page 34
REVISED General By-Laws (2022 edition)
Department,
Board,
Committee,
Agency or
Officer
Authorized Fees, Charges or Program or Activity
Revolving to Spend Other Receipts Expenses Payable
Fund from Fund Credited to Fund from Fund Fiscal Years
Providing additional
Fees related to
funding for
development (e.g. in
transportation
lieu of construction) or
studies, design, or
development mitigation Fiscal Year
#145 – Traffic construction projects
payments, grants, 2019 and
Management Select Board not currently funded
contributions, subsequent
Fund under Chapter 90,
donations, years
capital plans, or
reimbursements, other
department budgets;
allocations from reserve
includes all modes
fund, mitigation fund.
of transportation.
Providing additional
Museum grants, funding for museum
museum gifts, museum maintenance
#152- Paul Revere & Son Fiscal year
contributions, museum expenses, operating
Revere Heritage 2020 and
donations, museum expenses, capital
Heritage Site Trust subsequent
rentals, museum expenses, repair
Museum Fund Corporation years.
admission receipts, expenses, building
receipts from events. expenses, event
expenses.
34Source page 35
REVISED General By-Laws (2022 edition)
ARTICLE IX
TOWN REPORTS
Section 1. Submission of Reports
Each Town Officer, Board, Commission and Committee shall annually on or
before the fifteenth day of January each year, prepare and submit to the Select
Board, a report in writing covering clearly and concisely the work of their
department for the preceding year. Each of such reports shall be published in
the Annual Town Report.
Section 2. Contents of Town Report
The report shall contain the Financial Report for the preceding fiscal year,
detailed estimates of the amounts of money which will be required for the current
fiscal year, specific statements as to what Town Ways and County Ways have
been laid out, altered or ordered, what damages have been assessed and paid,
what claims are outstanding and what claims have been presented against the
Town, what suits have been commenced by or brought against the Town, and
the circumstances relating thereto, and what repairs have been made upon
public buildings.
Section 3. Distribution of Town Reports 9-3
Upon request the Select Board shall cause to be delivered a copy of the Annual
Town Report for the preceding year to every legal voter who so requests a copy.
9-3
Inserted under article 39, ATM 1960. Amended under article 33, ATM April 26, 2004.
35Source page 36
REVISED General By-Laws (2022 edition)
ARTICLE X
DUTIES OF TOWN OFFICERS
Section 1. Town Counsel 10-1
(a) Establishment, Appointment
There shall be a Town Counsel who shall be an attorney admitted to
practice in the Commonwealth and having a particular background and
experience in municipal law who shall be appointed by the Select Board
for a term not to exceed three years.
(b) Compensation, Conditions of Appointment
The Town Counsel shall be employed under an individual contract of
employment, as provided in Title II, section 3.02 (e) of the Personnel
By-Law of the Town.
(c) Authorities and Responsibilities10-1(c)
The Town Counsel shall be responsible for the legal affairs of the Town
and shall personally provide, or, shall personally supervise the provision
by others, of all legal services necessary for the proper and efficient
conduct of the Town’s affairs. The Town Counsel shall keep the Select
Board fully appraised of the status of all legal matters affecting the
Town by frequent oral and written reports directly to it or to it through
such official with such title as designated by the Select Board and as
authorized under Chapter 41, Section 23A of the General Laws. In all
matters assigned for trial to outside attorneys provision shall be made
requiring such Counsel to meet with the Select Board and/or the office
or agency being represented in such action, at such times as may be
determined by the Select Board, or such office or agency, for pre-trial
conferences and status reports.
The Town Counsel shall devote some portion of time, to be determined
by the Select Board from time to time, to consist of regular office hours
at the town hall, for the convenience of town offices and agencies. The
Town Counsel shall also be available to meet and confer with town
officers and employees, department heads and multiple member bodies
at any time mutually convenient to the parties.
The duties of the Town Counsel shall specifically include, but are not to
be construed as limited to, the following matters:
1. Title examination for all real estate and other property to be
acquired by the Town, approval of deeds and other instruments in
writing under which the Town takes title to the same.
10-1
Article X, Section 1 was deleted in its entirety and replaced by a new Section 1 by action taken under article 46, ATM
April 26, 1999.
10-1(c)
Amended under article 34, ATM May 5, 2004.
36Source page 37
REVISED General By-Laws (2022 edition)
2. Draft all deeds, leases, conveyances and releases to be
executed in behalf of the Town and all contracts, bonds, obligations
or other agreements in writing whereby the Town assumes any
pecuniary, contractual or other liability to be executed by any town
official, board, department or committee by virtue of any special or
general authorization.
3. Draft formal orders, notices, votes, adjudications or decrees for
the layout, relocation, alteration or discontinuance of town ways
and for the taking of lands or interests in lands, in behalf of the
Town, by purchase or eminent domain, for any municipal purpose.
4. Attend all town meetings and, at the request of the Moderator
thereof, advise the town meeting on questions of law relating to the
subject matter of any matter before the town meeting and as to the
form of proposed votes or motions or the legality of any particular
action proposed to be taken by the town meeting.
5. Provide advice or opinion to all elective or appointive town
officers, multiple member bodies, or departments as to any function
of their respective offices or on any specific question of law in
relation thereto.
6. Appear and act as attorney for the Town, or for any town officer
in their official capacity, in any suit, action complaint or court
proceedings in which the Town, or such town officer in their official
capacity, is a party plaintiff or a party defendant, subject to the
advice and consent of the Select Board.
7. Appear and act for the Town and its officers, boards and
committees before state and county boards and officials, executive
departments and committees of the legislature, in all proceedings
involving the rights, duties or interests of the Town, subject to the
request and direction of the Select Board.
8. Appear for and defend any town officer against whom in person
any suit or proceedings in court has been brought, founded on an
official action performed in good faith relative to a matter in which
the Town in its corporate capacity has a duty to perform, a right to
defend, or an interest to protect, provided the Select Board, at the
request of such officer, directs the Town Counsel, in writing, so to
do.
9. Advise the Select Board with respect to the question of whether
or not to compromise and settle claims or suits against the Town.
37Source page 38
REVISED General By-Laws (2022 edition)
10. To develop, organize and maintain, in current status, all Town
legal files and records including both paper and computer data
information.
11. To perform such other duties related to the office of Town
Counsel as may from time to time be assigned by vote of the Select
Board.
12 Additional Counsel, Special Counsel - No Town agency shall,
unless authorized by state statute, by a vote of the Town, or by a
vote of the Select Board, employ, advise with or consult any
attorney or counsellor at law, other than the Town Counsel, with
regard to its duties, or to any town business, provided, however,
that whenever a jurisdictional dispute shall arise between two or
more Town agencies and the matter appears to be one which is
proper for a judicial determination such authorization to employ
legal counsel shall not be denied. In certain cases it is recognized
that the Town Counsel might be inconvenienced by a conflict of
interest, or by the appearance of a conflict of interest, in such cases
separate, independent counsel shall be employed by the Town.
The Town Counsel, after consultation with the affected agencies,
shall decide which agency (if any) it wishes to represent.
Section 2. Street Openings 10-2
Section 3. Copies of Records 10-3
Except as otherwise provided by law, every officer having custody of any public
record shall furnish copies thereof on payment of a fee of fifty ($.50) cents for
each page thereof.
Section 4. Building Renovations Committee 10-4
(a) Composition, Mode of Selection, Term of Office, Vacancies - There shall be a
permanent Building Renovations Committee responsible for design review and
construction of public buildings, additions to public buildings, renovations and
repairs to public buildings and other facilities and such other projects as may be
assigned to such committee by vote of the town meeting.
The Building Renovations Committee shall consist of twelve members selected
as follows: six members shall be appointed by the Town Moderator, for terms of
three years so arranged that the term of two shall expire each year, one person
to be designated by the Select Board, one person to be designated by the School
Committee, one person to be designated by the Board of Trustees of the Public
Library, one person to be designated by the Commission on Disabilities and one
person to be designated by the Capital Outlay and Planning Committee, (such
persons may, but need not, be members of the multiple member body by which
10-2
Article X, Section 2 was deleted in its entirety by action taken under article 47, ATM May 5, 1999.
10-3
This was Section 3 of Article I when these By-Laws were adopted in 1936. It has been moved to this location as a
more suitable place for its subject matter.
10-4
Inserted under article 23, ATM 2002.
38Source page 39
REVISED General By-Laws (2022 edition)
they are designated) and who shall be designated by the respective multiple
member bodies annually; the Finance Director shall serve by virtue of office as a
member of the committee either personally or by designating a deputy to attend
meetings. The appointing authority as provided in this paragraph shall forthwith,
fill any vacancy, which occurs in the membership of the committee.
The Building Renovations Committee may appoint not more than three persons
to represent the interests of the users of any facility being constructed,
remodeled or renovated to serve as advisors to the Building Renovations
Committee during the period of such construction, repair or renovation. Such
persons may participate in the discussions of the Building Renovations
Committee, but shall have no power to vote.
(b) Powers and Duties - The Building Renovations Committee shall be
responsible for the supervision of all building and or facilities related projects,
which are approved and or funded by any motion under any article at a town
meeting.
The Building Renovations Committee shall be responsible for the assignment of
all town meeting approved design and or construction projects, (and whether
termed construction, reconstruction, remodeling, renovation, repair, or
otherwise), the building committee shall be responsible for soliciting, reviewing,
negotiating and awarding all contracts for the design and or the construction of
buildings or other facilities, it shall be responsible for the supervision of all
periodic design review, construction management and construction work in
progress. The committee may delegate the periodic design review responsibility
and or the construction management responsibility and or the day-to-day
construction administration responsibility to an employee (e.g. a clerk of the
works) and or consultant(s) and or it may assign such responsibility to one or
more members acting as a sub-committee of the full committee.
The Building Renovation Committee may, with the approval of a sponsoring
agency, call upon any town agency or their employees for assistance, as it may
deem to be necessary and or desirable in the furtherance of its responsibilities.
The Building Renovations Committee shall be the approving agency for payment
of all invoices submitted in connection with construction and design of projects
assigned to it. The Building Renovations Committee may delegate its approval
responsibility of individual invoices to its chair, or to the chair of a sub-committee
established for a particular project
The Building Renovations Committee shall be responsible for review and
approval of change orders for projects under the committee's responsibility. The
Building Renovations Committee may delegate its approval responsibility of
individual change orders to its chair, or to the chair of a sub-committee
established for a particular project. Any such change orders must be formally
approved at the next regularly scheduled meeting of the committee, such vote
shall identify the source of funding.
39Source page 40
REVISED General By-Laws (2022 edition)
The Building Renovations Committee shall be responsible to review and approve
all preliminary and or final design plans to ensure such documents are in
compliance with the program specifications and or scope of work requirement(s)
of the sponsoring agency, and which will become the basis for developing
preliminary cost estimates and or final bid solicitations. The committee shall be
authorized to engage such structural engineering and or other consultants' effort
as may be necessary to carry out its design review related responsibilities, the
funding for such effort shall be included in the town meeting approved funding for
such project.
The Building Renovations Committee shall, be authorized to engage construction
management effort as may be necessary to carry out its construction
management-related responsibilities, the funding for such effort shall be included
in the town meeting approved funding for such project.
The Building Renovations Committee shall, be authorized to engage construction
administration effort as may be necessary to carry out its construction
administration related responsibilities, the funding for such effort shall be
included in the town meeting approved funding for such project.
The Building Renovations Committee shall have the authority to transfer unspent
funds from a completed project to an incomplete project with insufficiencies,
provided however funds are available as verified by the Finance Director, and
that such transfers will not result in a change in the scope of work approved by
the town meeting.
The Building Renovations Committee shall file, at least annually, a report listing
all projects under the jurisdiction of the committee and the status of the work.
Notwithstanding any report which may be prepared for publication in the annual
town report, the report required by this paragraph shall be based on a fiscal, not
a calendar, year.
Section 5. Permit Advisory Committee10-5
(a) Establishment, Purpose
1. There shall be a Permit Advisory Committee (the "PAC"), the purpose of
which is to expedite the development review process in the Town. The PAC
shall help streamline the application and review process by performing a
preliminary staff review of proposed projects.
2. Specifically, the PAC shall expedite the development review process in
Canton by:
i. meeting with prospective permit applicants to share information and
offer guidance and assistance;
10-5
Inserted under article 31, ATM 2006.
40