Canton, Massachusetts · Saved source text
Town By-Laws
Saved text from 241 source pages. Transcription and OCR may contain errors; verify figures and wording against the original. Retrieved 2026-10-15.
Source page 41
REVISED General By-Laws (2022 edition)
ii. listening to the prospective applicant's proposed ideas for
development;
iii. informing the applicant of the Town's approval process, bylaws,
requirements, rules and regulations with which the applicant and the
proposed project must conform;
iv. coordinating Town concerns and departmental responsibilities to
communicate requirements to permit applicants;
v. assisting the Town's regulatory boards by identifying the salient issues
regarding proposed development projects; and
vi. facilitating communication among Town departments and professional
staff who regulate and advise on land use development.
(b) Composition, Appointment, Term of Office 10-5(b)
1. The composition of the PAC shall be as follows:
i. one member representing: Select Board
ii. one member representing: Planning Board
iii. the Town Planner
iv. one member representing: Zoning Board of Appeals
v. one member representing: Conservation Commission
vi. one member representing: The Building Department
vii. one member representing: The Economic Development Commission
viii. one member representing: The Police Department
ix. one member representing: The Fire Department
x. two members representing the Citizens at Large.
xi. one member representing the Historical Commission
xii. one member representing the Department of Public Works
xiii. one member representing the Board of Health.
2. Each PAC member shall be a member of and appointed annually by the
entity which the member represents, except for the Two Citizens at Large, who
shall be appointed annually by the Select Board.
(c) Town of Canton Development Handbook
1. The PAC is authorized to publish and from time to time amend guidelines
which shall outline the process of obtaining permits for project development in
the Town.
2. The guidelines shall be entitled the Town of Canton Development Handbook
(the "Development Handbook").
3. The Development Handbook shall be an advisory guide containing summary
information only. The Development Handbook shall not affect the applicability of
the by-laws, rules, regulations, requirements and standards for development in
the Town, including without limitation federal and state statutes and regulations,
10-5(b)
Amended under article 29, ATM 2008
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the Zoning By-law, the General By-laws and the Planning Board's Subdivision
Rules and Regulations.
Section 6. Canton Affordable Housing Trust Fund 10-6
(a) Authority; establishment
Pursuant to the authority of MGL c. 44, § 55C, there is hereby created a local
municipal affordable housing Trust fund to be known as the
"Canton Affordable Housing Trust" (hereinafter "the Trust").
(b) Purpose
The purpose of the Trust shall be to provide for the preservation and creation
of affordable and community housing in the Town of Canton for the benefit of
low- and moderate-income households and for the funding of community
housing, as defined in and in accordance with the provisions of chapter 44B.
(c) Board of Trustees
There shall be a Board of Trustees of the Canton Affordable Housing Trust Fund,
composed of seven voting members. The members shall include: The Town
Administrator, the Finance Director, the Town Planner, one member of the Select
Board (chosen by the Select Board), a member of the Housing Authority (chosen
by the Housing Authority), a member of the Community Preservation Committee
(chosen by the Community Preservation Committee), and one citizen-at-large
(appointed by the Select Board). The Select Board shall appoint the Trustees for
terms not to exceed two years, except that three of the initial Trustee
appointments shall be for a term of one year, so as to allow staggered terms.
Said Trustees may be re-appointed at the discretion of the Select Board.
Vacancies shall be filled by the Select Board for the remainder of the unexpired
term. Any member of the Board of Trustees may be removed by the Select Board
for cause after the opportunity of a hearing.
(d) Declaration of Trust
The Trustees are hereby authorized to execute a Declaration of Trust and
Certificate of Trust for the Canton Affordable Housing Trust Fund, to be recorded
with the Norfolk County Registry of Deeds and filed with the Norfolk Registry
District of the Land Court.
(e) Powers of Trustees
The powers of the Board of Trustees, all of which shall be carried on in
furtherance of the purposes set forth in MGL c. 44, § 55C, and inclusive of any
future amendments to that section, and shall include the following:
10-6
Inserted under article 32, ATM May 22, 2021
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REVISED General By-Laws (2022 edition)
1. With Select Board approval, to purchase and retain real or personal property,
including, without restriction, investments that yield a high rate of income or
no income;
2. With Select Board approval, to sell, lease, exchange, transfer or convey any
personal, mixed, or real property at public auction or by private contract for
such consideration and on such terms as to credit or otherwise, and to make
such contracts and enter into such undertaking relative to Trust property as
the Board of Trustees deems advisable notwithstanding the length of any
such lease or contract;
3. With Select Board approval, to borrow money on such terms and conditions
and from such sources as the Board of Trustees deems advisable, to
mortgage and pledge Trust assets as collateral;
4. With Select Board approval, to employ lawyers and full-time or part-time staff,
as the Board of Trustees deems necessary;
5. With Select Board approval, to compromise, attribute, defend, enforce,
release, settle or otherwise adjust claims in favor or against the Trust,
including claims for taxes, and to accept any property, either in total or partial
satisfaction of any indebtedness or other obligation, and subject to the
provisions of this act, to continue to hold the same for such period of time as
the Board of Trustees may deem appropriate;
6. To employ advisors and agents, such as consultants, accountants, and
appraisers and to contract for administrative and support goods and services,
as the Board of Trustees deems necessary;
7. To accept and receive real property, personal property or money, by gift,
grant, contribution, devise or transfer from any person, firm, corporation or
other public or private entity, including but not limited to money, grants of
funds or other property tendered to the Trust in connection with any ordinance
or Bylaw or any general or special law or any other source, including money
from MGL c. 44B; provided, however, that any such money received from
MGL c. 44B shall be used exclusively for community housing and shall
remain subject to all the rules, regulations and limitations of that chapter when
expended by the Trust, and such funds shall be accounted for separately by
the Trust; and provided further, that at the end of each fiscal year,
the Trust shall ensure that all expenditures of funds received from said MGL
c. 44B are reported to the community preservation committee of the city or
town for inclusion in the community preservation initiatives report, form CP-3,
to the department of revenue;
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REVISED General By-Laws (2022 edition)
8. To execute, acknowledge and deliver deeds, assignments, transfers, pledges,
leases, covenants, contracts, promissory notes, releases, grant agreements,
and other instruments sealed or unsealed, necessary, proper or incident to
any transaction in which the Board of Trustees engages for the
accomplishment of the purposes of the Trust;
9. To pay reasonable compensation and expenses to all advisors and agents
and to apportion such compensation between income and principal as the
Board of Trustees deems advisable;
10. To apportion receipts and charges between incomes and principal as the
Board of Trustees deems advisable, to amortize premiums and establish
sinking funds for such purpose, and to create reserves for depreciation,
depletion or otherwise;
11. To participate in any reorganization, recapitalization, merger or similar
transactions; and to give proxies or powers of attorney with or without power
of substitution to vote any securities or certificates of interest; and to consent
to any contract, lease, mortgage, purchase or sale of property, by or between
any corporation and any other corporation or person;
12. To deposit any security with any protective reorganization committee, and to
delegate to such committee such powers and authority with relation thereto
as the Board of Trustees may deem proper and to pay, out of Trust property,
such portion of expenses and compensation of such committee as the Board
of Trustees may deem necessary and appropriate;
13. To carry property for accounting purposes other than acquisition date values;
14. To make distributions or divisions of principal in kind;
15. To manage or improve real property; and to abandon any property which the
Board of Trustees determined not to be worth retaining;
16. To hold all or part of the Trust property uninvested for such purposes and for
such time as the Board of Trustees may deem appropriate; and
17. To extend the time for payment of any obligation to the Trust.
(f) Acts of Trustees
A majority of Trustees may exercise any or all of the powers of the Trustees
hereunder, unless otherwise provided, and may execute on behalf of the
Trustees any and all instruments with the same effect as though executed by all
the Trustees. No Trustee shall be required to give bond. No license of court shall
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REVISED General By-Laws (2022 edition)
be required to confirm the validity of any transaction entered into by the Trustees
with respect to the Trust Estate.
Notwithstanding anything contrary herein, Select Board approval shall be
required for any of the following actions:
1. To purchase real or personal property;
2. To sell, lease, exchange, transfer or convey any personal, mixed, or real
property; and
3. To borrow money, or mortgage or pledge Trust assets as collateral to the
extent of the Trust’s assets.
4. To employ lawyers and full-time or part-time staff
5. To compromise, attribute, defend, enforce, release, settle or otherwise
adjust claims in favor or against the Trust (see Section (e), number 5).
(g) Funds paid to Trust
Notwithstanding any general or special law to the contrary, all monies paid to
the Trust in accordance with any zoning Bylaw, exaction fee, or private
contributions shall be paid directly into the Trust and need not be appropriated or
accepted and approved into the Trust. General revenues appropriated into
the Trust become Trust property and to be expended these funds need not be
further appropriated. All moneys remaining in the Trust at the end of the fiscal
year, whether or not expended by the Board of Trustees within one year of the
date they were appropriated into the Trust, remain Trust property.
(h) Meetings; quorum
Meetings of the Board of Trustees shall be held on a regular basis. Special
meetings may be called by the Chairperson or two Trustees. A Trust is a
governmental body for purposes of MGL c. 30A, §§ 18 through 25, the Open
Meeting Law; notice of any meeting of the Trust Fund shall be filed with the Town
Clerk and posted in accordance with the Open Meeting Law. A majority of the
number of authorized Trustees shall constitute a quorum and shall also be
required to approve any motion. The Chairperson may establish sub-committees
and/or ad hoc task related committees to carry out the purposes of the Trust.
Chairpersons of the sub-committees may be selected by the member of the sub-
committees. If any Trustee is absent from five (5) consecutive regularly
scheduled meetings of the Trust, except in the case of illness, his/her position
shall be deemed vacant and shall be filled with a new appointment as set forth
above.
(i) Custodian of funds
The Treasurer/Collector shall be the custodian of the Trust Fund's funds and
shall maintain separate accounts and records for such funds. Any income or
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REVISED General By-Laws (2022 edition)
proceeds received from the investment of funds shall be credited to and become
part of the Trust Fund. In accordance with MGL c. 44, § 55C, the books and
records of the Trust shall be audited annually by an independent auditor in
accordance with accepted accounting practices or take any other action relative
thereto. Upon receipt of the audit by the Board of Trustees, a copy shall be
provided forthwith to the Select Board.
(j) Liability
Neither the Trustees nor any agent or officer of the Trust shall have the authority
to bind the Town, except in the manner specifically authorized herein.
The Trust is a public employer and the members of the Board of Trustees are
public employees for the purposes of MGL c. 268A. The Trust shall be deemed a
municipal agency and the Trustees special municipal employees for purposes of
MGL c. 268A.
(k) Taxes
The Trust is exempt from MGL c. 59 and c. 62, and from any other provisions
concerning payment of taxes based upon or measured by property or income
imposed by the Commonwealth of Massachusetts or any political subdivision
thereof.
(l) Governmental body
The trust is a public employer and the members of the board of trustees are
public employees for purposes of chapter 258. The Trust is a governmental body
for purposes of 23A, 23B and 23c of Chapter 39 and the Open Meeting Law,
MGL c.30A, § 18-25.
(m)Board of Town
The Trust is a board of the Town of Canton for the purposes of MGL c. 30B and
MGL c. 40, § 15A, but agreements and conveyances between the Trust and
agencies, boards, commissions, authorities, departments and public
instrumentalities of the Town shall be exempt from said MGL c. 30B.
(n) Compensation of Trustees
Trustees may be compensated for reasonable out-of-pocket expenses for travel
and other Trust-related expenses. All such out-of-pocket expenses shall be fully
documented with receipts for expenses prior to payment by the Trust.
(o) Amendments
The provisions of this Trust can only be amended by a vote of the Canton Town
Meeting.
(p) Duration of Trust
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REVISED General By-Laws (2022 edition)
This Trust shall be of indefinite duration until terminated by a vote of the Canton
Town Meeting. Upon termination of the Trust, subject to the payment of or
making provisions for the payment of all obligations and liabilities of the Trust and
the Trustees, the net assets of the Trust shall be transferred to the Town of
Canton and held by the Select Board for affordable or community housing
purposes. In making any such distribution, the Trustees may, subject to the
approval of the Select Board, sell all or any portion of the Trust property and
distribute the net proceeds thereof to the Town of Canton. The powers of the
Trustees shall continue until the affairs of the Trust are concluded. Once the
Canton Town Meeting has voted to terminate the Trust, the Select Board shall
have the power to approve all financial transactions made on behalf of the Trust.
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REVISED General By-Laws (2022 edition)
ARTICLE XI
JUNK DEALER AND COLLECTOR
Section 1. Select Board to License
The Select Board may license suitable persons to be dealers in and keepers of
shops for the purchase, sale, or barter of junk, old metals, or second-hand
articles, in the Town. They may also license suitable persons as junk collectors,
to collect, by purchase or otherwise, junk, old metals, and second-hand articles
from place to place in the Town.
Section 2. Non-Licenses Operation Prohibited
No person shall be a dealer in, or buy, sell, or barter, junk, old metals, or second-
hand articles, in the Town of Canton, unless the person so buying, selling or
bartering, has a license thereof duly issued.
Section 3. Records to be Kept; Records to be Open; Name of Owner to be
Displayed
Every keeper of a shop for the purchase, sale or barter of junk, old metals, or
second-hand articles, within the limits of the Town of Canton, shall keep a book
in which shall be written at the time of every such purchase of any such article, a
description thereof, the name, age and residence of the person from whom
purchased, the day and hour when such purchase was made. Such book shall
be open at all times to the inspection of the Select Board, and any person
authorized by them to make such inspection.
Every keeper of such shop shall put in a suitable and conspicuous place in such
shop a sign having their name and occupation legibly inscribed thereon in large
letters. Such shop and all articles or merchandise therein may at all times be
examined by the Select Board, or by any person authorized by them to make
such examinations. No keeper of such shop, or any dealer in such articles shall
directly or indirectly either purchase or receive by way of barter or exchange any
of the articles aforesaid of a minor or apprentice, knowing or having reason to
believe the person to be such.
Section 4. Display of License 11-4
Every person licensed under Section 1 shall post their license in some suitable
and conspicuous place upon the licensed premises.
11-4
Inserted under article 21, ATM 1991.
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Section 5. Restrictions on Operation: Hours, Location 11-5
No person keeping a shop for the purchase, sale, or barter of junk, old metals, or
secondhand articles shall purchase or receive, either directly or indirectly, any of
the aforesaid articles or have their shop open for the transaction of business
except between 8:00 A.M. in the morning and 8:00 P.M. in the evening. No such
Licensee shall directly or indirectly purchase or receive any such articles at any
place other than the address displayed on the license unless specifically invited
into the residence of a potential customer or at a bona fide trade show.
Section 6. Use of True Names 11-6
No person offering any article for sale shall give a wrong or false name or
address or fictitious information pertaining to their identity. No person holding a
license under Section 1 shall knowingly write a wrong or false name or address
of a person thus offering an article for sale, or knowingly permit the entry of such
wrong or false name or address in the bound book as defined in section 3. Any
police officer taking cognizance of any such violation may request the offender to
state their true name and address.
Section 7. Weekly Reports to Be Submitted to Police Department 11-7
Every person keeping a shop for the purchase, sale, or barter of junk, old metals
or second hand articles shall make out and deliver, either in person, or by United
States Mail weekly, an accurate description of all articles and coins either
purchased or received, directly or indirectly, during the preceding week. All lists
shall be submitted on a format as prescribed by the Chief of Police and shall be
submitted at close of business on Fridays. If submitted via United States mail it
shall be postmarked no later than the Saturday immediately following.
Section 8. Severability 11-8
The provisions of this Article are severable, and, if any of its provisions shall be
held unconstitutional or invalid by any court of competent jurisdiction, the
decision of said court shall not affect or impair any of the remaining provisions.
Section 9. Penalty for Violations 11-9
Any violation of preceding Sections 2 through 6 shall be punished by a fine of not
less than twenty-five dollars nor more than fifty dollars for a first offense, and
upon a second or subsequent offense a fine of not less than fifty dollars nor more
than one hundred dollars, and the licensing authority shall consider said violation
and conviction at any public hearing to suspend or revoke said license.
11-5
Inserted under article 21, ATM 1991.
11-6
Inserted under article 21, ATM 1991.
11-7
Inserted under article 21, ATM 1991.
11-8
Inserted under article 21, ATM 1991.
11-9
Inserted under article 21, ATM 1991.
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REVISED General By-Laws (2022 edition)
ARTICLE XII
PUBLIC CARRIAGES
Section 1. Select Board to License
The Select Board may license hackney carriages or motor vehicles properly
insured for the conveyance of persons for hire from place to place within the
Town and they may revoke such licenses at their discretion and a record of all
licenses so granted or revoked shall be kept by the Select Board.
Section 2. Penalty for Unlicensed Operation 12-2
No person shall set up, use or drive in the Town, any unlicensed hackney
carriage or other motor vehicle for the conveyance of passengers for hire from
place to place in the Town under a penalty established from time to time by the
Select Board, but which shall never be less than Fifty Dollars ($50.00). Every
vehicle unlicensed shall constitute a separate offense.
Section 3. Rules and Regulations 12-3
The Select Board may adopt, and may from time to time amend, rules and orders
for the regulation of carriages and vehicles used within the Town and may
provide for and set penalties for the violation of such rules and orders and may
set and receive an annual fee for each license granted. Such rules and orders
may include, but not be limited to the establishment of the licensing period,
license fee or fees, establishment of fares for both metered and unmetered
vehicles and inspections.
12-2
As amended by Article 72, ATM 1986.
12-3
As amended by Article 72, ATM 1986.
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REVISED General By-Laws (2022 edition)
ARTICLE XIII 13
PLANNING BOARD
Section 1. General Powers and Duties
The Board shall perform the duties prescribed by Sections 70 and 71 of Chapter
41 of the General Laws. It shall be the duty of the board also to consider and
advise upon municipal improvements in regard to which the advice of the Board,
at any time, may be asked by an official of the Town. The Board may upon its
own initiative make to any official or officials of the Town such recommendations
in regard to municipal improvements as the Board may from time to time think
proper or expedient.
13
Notwithstanding the provisions of this section the town has accepted the provisions of the, so-called, improved method
of municipal planning board, accordingly, has the powers, duties and responsibilities which are provided in sections 81A
through 81GG of chapter 41 of the General Laws.
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REVISED General By-Laws (2022 edition)
ARTICLE XIV
POLICE REGULATIONS
Section 1. Digging or Other Alterations in a Public Way
No person shall break or dig up the ground in any street for any purpose
whatever, or set or place any fence, post, tree, or edgestone, or alter or change
the grade or width of any public way, without the written license of the Select
Board, which shall prescribe the limitations or restrictions of such license.
Section 2. Obstructions of Public Ways and Sidewalks
No person shall place, or cause to be placed, upon any public way or sidewalk,
any lumber, iron, wood, coal, trunk, bale, box, crate, cask, barrel, package or
other thing, and allow the same to remain for more than one hour, or more than
ten minutes after being notified by a police officer to remove the same, provided
that the provisions of this section shall not apply to placing of ashes, refuse or
garbage in proper receptacles for collection under public authority.
Section 3. License Required for Certain Uses of Public Ways
Every person intending to erect, repair, or take down any building on land
abutting on any street or way which the Town is required to keep in repair, and
who desires to make use of any portion of said street or way for the purpose of
placing therein building materials or rubbish shall give notice thereof to the Select
Board. The Select Board may grant a permit to occupy a portion of said street or
way, and such permit shall be upon the conditions that the licensee shall keep a
sufficient number of lighted lanterns at or near the part of the street or way
obstructed or unsafe, and shall keep a railing or guard around the same, while
such obstruction shall continue. If such obstruction is more than a temporary
condition, the licensee shall place a good temporary walk around said
obstruction, and at the completion of the work shall restore the street or way to its
former condition.
Before issuing a license as specified in the preceding paragraph the person
applying for the same shall execute a written agreement to indemnify and give
sufficient bond to save harmless the Town against and from all damages by
reason of cost or expense it may suffer or be put to by reason of any claim for
damages or by reason of any proceeding criminal or civil on account of the
existence of such obstruction or excavation.
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Section 4. Guard Posts and Light Required in Public Ways
No person shall leave any vehicle or material or place any obstruction in any
sidewalk, street or public place and suffer the same to remain there overnight
without maintaining a sufficient light and suitable guards over or near the same
throughout the night, nor allow the same to remain after notice from a police
officer, constable or the Select Board to remove the same.
Section 5. Littering 14-5
Whoever places, throws, deposits, discharges or causes to be placed,
thrown, deposited or discharged any thrash, bottles, cans, refuse,
rubbish, garbage, debris, scrap, waste, or any other material of any kind
on the property of another on any land not assigned by the Board of
Health in accordance with the provisions of Section one hundred and
fifty A of Chapter one hundred eleven of the General Laws as a
dumping ground shall, if such action is not punishable by citation under
the provisions of Section sixteen and sixteen A of Chapter two hundred
seventy of the General Laws, be punished pursuant to this by-law to the
maximum amount permitted by law whether computed for each day on
which a violation occurs, or, continues or for each item discarded
constituting a separate offense, or some combination thereof.
Section 6. Effluent, Rubbish, Garbage
No person shall place or cause to be placed in any street or way, public or
private, of this Town, the content of any sink, cesspool, or privy, nor place or
cause to be placed any rubbish or garbage therein, except in proper containers
for the immediate removal therefrom.
Section 7. Fruit Skins, etc
No person shall throw upon any sidewalk or crosswalk, any banana skin, orange
peel, or any slippery or greasy substance.
Section 8. Ice or Snow
No person shall throw or place or cause to be thrown or placed, any ice or snow
into or upon any public way in such a manner as to obstruct traffic or endanger
travel upon the public way.
Section 9. Activities Restricted
No person shall engage in any game, sport or amusement in any public way,
whereby the free, safe, and convenient use thereof by travelers thereon shall in
any way be interrupted, or the occupants of adjoining premises annoyed or
disturbed.
Section 10. Markings
No person, unless required by Law so to do, shall make any marks, letters,
figures of any kind upon or against any wall, fence, post, ledge, stone, building or
14-5
Article XIV, Section 5 was deleted in its entirety and replaced by a new Section 5 by action taken under article 43,
ATM May 5, 1999.
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structure, in or upon any public way in the Town without the permission of the
owner thereof nor upon any sidewalk or upon any property of the Town without
the consent of the Select Board.
Section 11. Littering
No person shall deposit papers, circular or advertising matter of any kind in
the public ways of the Town nor distribute the same through the Town in such
manner as to create a nuisance or litter.
Section 12. Bonfires
No person shall make a bonfire in any public way or place without first obtaining
in writing the permission of the Chief of the Fire Department.
Section 13. Discharge of Firearms, Fireworks 14-13
No person shall, except in the performance of some duty required or justified by
Law, or in abating a nuisance, or in the lawful defense of the person, family or
property of any citizen, or at any military exercise, or upon written permission of
the Select Board, discharge any air gun or gun, pistol or other firearm, in or upon
any street or public place, or within 300 feet thereof, or in any building or within
300 feet of any building in the Town.
No person shall explode or cause to be exploded any squib, cracker serpent or
other preparation which consist wholly or in part of gun powder or other
explosive, upon any street or public place within the Town, except on such
occasion and of such character and kind as the Chief of Police may, by public
notice, permit.
Section 14. (Disallowed by the Attorney-General)
Section 15. Public Drinking 14-15
(a) Whoever shall, within the limits of any public way located within the town,
whether that public way be a town way, county highway, state highway, or
a private way open to the public, consume intoxicating beverages, shall be
punished by a fine not exceeding twenty-five dollars. This section shall
also be construed to prohibit the following: The consumption of
intoxicating beverages by any person while that person is standing, sitting,
walking, running or otherwise present within such way or is within any
vehicle, whether parked or moving, which is within the limits of such public
way.
(b) Whoever shall consume any intoxicating beverages in any public building,
or on any public property, including, parks, cemeteries, school houses and
school grounds, and public squares, or in any private way or parking area
14-13
As amended by article 48, ATM 1975, See section 42 of this article for another by-law of similar character.
14-15
Inserted under article 35, ATM 1975.
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regulated under the provisions of Chapter 90, section 18 of the General
Laws shall be punished by a fine not exceeding twenty-five dollars.
(c) The foregoing paragraphs (a) and (b) shall not apply to any activity
licensed by the Select Board under the applicable provisions of the
Massachusetts General Laws.
(d) It shall be the duty of any police officer of the town to arrest any person
who violates the provisions of paragraphs (a) and (b) and to cause such
person to be brought before a Justice of the District Court of Southern
Norfolk County, Stoughton, Massachusetts upon a complaint for violation
thereof.
Section 16. (Disallowed by the Attorney-General)
Section 17. (Disallowed by the Attorney-General)
Section 18. Markings
No person shall make indecent figures, or write any obscene words upon, or
deface by marks, in any manner, any fence, building, sidewalk, crosswalk or
ledge in the Town.
Section 19. Coasting
No person shall coast upon any sidewalk in the town, nor shall any person coast
upon any of the public ways of the Town except upon such streets as the Select
Board may designate each year by public notice.
Section 20. Coasting, Continued
Said streets may be posted by barriers and any unauthorized person or persons
moving such barriers shall be subject to a fine of not more than twenty ($20)
dollars for each offense.
Section 21. Nude Bathing
No person shall bathe or swim in the open in any waters within the Town in a
state of nudity.
Section 22. (Disallowed by the Attorney-General)
Section 23. Permission of Police Chief, Sales
No person shall place or keep any table, stall, booth, cart or other structure, in
any public way or other public place in the Town or upon any sidewalk for the
sale of food, fruit, merchandise or other thing, without permission first being
obtained from the Chief of Police.
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Section 24. Permission of Chief, Overhanging Objects
No person shall construct, erect, place, establish or maintain any signboard,
shade or awning over any part of a public street or sidewalk unless the same be
securely and safely supported and unless the lowest part of said signboard be
not less than ten feet, and the lowest part of said shade or awning be not less
than seven feet above the level of such street, or sidewalk; nor shall any person
have the right to maintain any such sign board, shade or awning as aforesaid,
until the Chief of Police shall have certified to the Select Board that the same is
securely fastened so as not to endanger persons on the sidewalk or street.
Section 25. Permission of Chief, Music
No person, other than a member of regularly organized band or other musical
organization, shall play upon or make a noise with any kind of musical instrument
in any street, way or other public place in the Town without first obtaining
permission so to do from the Chief of Police.
Section 26. Permission of Chief, Parades
No person shall take part in any parade, pageant, on any public way or in any
other public place in the Town unless permission has been granted for such
parade, or procession by the Chief of Police.
Section 27. Removal of Light Device
No person shall extinguish or remove without authority, any public lamp, lantern,
bomb or torch in any public way or other public place.
Section 28. Pole Climbing, Prohibited
No person, except an employee of the Town or of a Telephone, Telegraph or
Electric Light Company, shall climb any telephone or electric light pole on any
public way or in any public place in the Town. No person shall climb any tree on
any public way or in any public place in the Town without having first obtained
permission so to do from the Tree Warden.
Section 29. Injury to Public Property
No person shall willfully deface or injure any public playground, planting space,
flowerbed, grass border, guidepost, official sign, post, or signaling device for the
direction of traffic, lamp post or lantern or any building fence or monument or
other thing situated, erected or made for the use or ornament of the Town.
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REVISED General By-Laws (2022 edition)
Section 30. Fouling of Public Troughs
No person shall place on any drinking fountain, trough, or basin of water, set up
or established in any public way or other public place for the use of men or beast,
any dirt, stone, ashes, rubbish, or other material; nor shall any person
unnecessarily waste or use the water in such drinking fountain, trough, or basin.
Section 31. Spitting; Intoxicating Liquors
No person shall spit upon the floor or walls of any public building or carry into
said buildings or upon the grounds connected therewith, any spirituous or
intoxicating liquors, for the purpose of drinking or selling the same.
Section 32. Repealed ATM 1970 (article 23)
Section 33. (Disallowed by the Attorney General)
Section 34. Peeping Toms
No person shall enter upon the premises of another with the intention of peeping
into the windows of a house or spying upon in any manner any person or
persons therein.
Section 35. Curfew
Inserted under article 13, STM December 1954. Disallowed by the Attorney-
General when submitted following ATM 1992 recodification vote.
Section 36. Disturbing the Operators of Vehicles
No person shall signal or stop the operator of any vehicle or accost the operator
thereof for the purpose of selling or distributing any merchandise or advertising
matter, or tickets of admission to any game, show, or entertainment.
Section 37. Permission of Police Chief, House to House Solicitation 14-37
No person shall go from house to house within the Town, begging or soliciting
alms or contributions for any person, cause or organization, except a local
religious, charitable, fraternal, civic or educational cause or organization, without
having first recorded their name and address with the Chief of Police and furnish
such other information as may be requested. The Chief of Police shall
thereupon, if satisfied as to the honesty of the applicant, issue a permit which
shall state that said person has duly registered and is entitled to go from house to
house for the purpose specified.
14-37
As amended under article 53, ATM 1974.
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REVISED General By-Laws (2022 edition)
Each out of town permittee shall pay to the town of Canton a permit fee of ten
dollars ($10.00) and each local permittee shall pay to the town of Canton a
permit fee of two dollars ($2.00), both of which shall expire thirty (30) days next
following the date of issuance. No permit shall be issued for solicitors or
canvassers after the hours of 5 P.M.
Section 38. Regulation Regarding Swimming Pools 14-38
Every person who owns a residential swimming pool shall provide and maintain
adequate safety devices the intent of which is to prevent accidental drowning of
small children.
A. Definition:
"Swimming Pool": A body of water contained in an artificial receptacle,
whether in or above the ground, used or intended to be used for
swimming, wading or recreational bathing.
"Residential Swimming Pool": A swimming pool used or intended to be
used solely by the owner or tenant thereof and their family, and by friends
invited to use it without payment of any fee.
B. Enclosure:
Every outdoor residential swimming pool, capable of containing a depth of
water exceeding twenty-four inches at one point, shall be completely
surrounded by a fence or wall not less than four feet in height. The fence
or wall shall be so located as to surround the entire pool, contiguous walks
and any diving structure or platform. A building may be used as part of
such enclosure. A fence surrounding the entire property shall meet the
intent of this section. Each such fence or wall shall be so constructed as
not to have openings, holes, or gaps larger than four inches in any
dimension except for doors and gates and except for picket fences in
which case, however, the gaps between the pickets shall not exceed four
inches. All fences shall be constructed of wood, chain link, or other
material which meets the intent of this article. Every fence shall be
substantially anchored to posts set into the ground. All gates or doors
opening through enclosure shall be of not less than the same height as
the fence or wall and shall be equipped with a self-closing and self-
latching device located not less than four feet above ground for keeping
the gate or door securely closed at all times when not in actual use,
except that the door of any dwelling which forms a part of the enclosure
need not be so equipped.
Portable swimming pools incapable of containing a depth of water
exceeding twenty-four inches at one point must be protected with a safety
cover when unattended.
14-38
Inserted under article 38, ATM 1967.
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REVISED General By-Laws (2022 edition)
C. Building Permit:
The owner shall obtain from the building inspector, a permit for the
construction of a permanent swimming pool. Existing pools not
conforming to the safety requirements of this section shall be modified
within three months from the date of enactment of this section.
Section 38A. Grading of Residence Lots 14-38A
No persons shall construct the driveway of a dwelling with a garage under or
attached except in such manner as to insure that no surface water from the street
enters into it. To determine whether or not a proposed dwelling will meet this
requirement, a plan shall be submitted to the Building Inspector at the time of
application for a building permit showing the garage floor to be at least 12" above
the center line elevation of the street at a point opposite the center line of the
house foundation, or alternately providing for the disposal of water that collects
within the driveway or approach area in a manner acceptable to the Building
Inspector.
The final grading of the lot from the front line of the house shall be toward the
street and the remainder of the lot will be graded to shed water away from the
foundation so that no surface water stands or is trapped on the lot or adjacent
property.
Section 39. Regulation of Dogs 14-39
Section 1: License Fees, Exceptions 14-39(I)
(1) License Fee - All fees for dog licenses and kennel licenses, fines and
penalties shall be set by the Town Clerk, however, no fee shall increase
without a majority vote of the voters present at a Town Meeting.
14-38A
Inserted under article 68, ATM 1971.
14-39
This section was adopted in its present comprehensive form under article 28, ATM 1984, replacing a simple “leash
law” which had been inserted under article 39, ATM 1967 and amended under article 9, ATM 1969. Amended under
article 31, ATM April 26, 2004.
14-39(I)
As amended under article 33, ATM 1990. Amended under article 59, ATM April 26, 2004. Amended under article
31, ATM May 13, 2013.
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REVISED General By-Laws (2022 edition)
A certified copy of such certificate on file in the office of any city or town
clerk in the Commonwealth may be accepted as evidence that such
operation has been performed. If the town clerk is satisfied that a
certificate of the veterinarian who spayed the dog cannot be obtained, the
town clerk may accept in lieu thereof a statement made under the
penalties of perjury by a veterinarian registered and practicing in the
Commonwealth describing the dog and stating that the veterinarian has
examined the dog and in their opinion the dog is not capable of
propagation by reason of spaying. Until a certificate of a veterinarian who
has examined the dog in question is produced the license fee for the
licensing period shall be at the rate of an unspayed female.
When application is made for a dog license the applicant shall also exhibit
proof, by a veterinarian's certificate, that the dog has been vaccinated
against rabies, within the last three years if the dog is six months of age or
over, as required by General Laws chapter 140, section 115B.
No fee shall be charged for a license for a dog specifically trained to lead
or serve a blind person; provided that a certificate issued by the division of
the blind is exhibited certifying that the dog is so trained and is actually
used by a blind person.
No license fee or part thereof shall be refunded because of a subsequent
death, loss, spaying, removal from this commonwealth or any other
disposal of the dog, nor shall any license fee or part thereof paid by
mistake be paid back after it has been paid to the county pursuant to
General Laws chapter 140 section 147 of the General Laws.
In addition to the license fee as otherwise required by this section the
owner of any dog which has not been licensed on or before May 30th in
any year shall be subject to a late fee to be paid to the Town Clerk at the
time such dog is licensed, said fee to be in addition to the license fee for
all dogs licensed on or after May 30th of any year.
Section 2: Disturbing the Peace
No person shall own or keep in the Town any dog which by biting, excessive
barking, howling or in any other manner disturbs the quiet of the public.
Section 3: Definitions14-39(3)
For the purposes of this Section 3 and Section 4, the following terms shall be
defined as follows:
14-39(3)
As amended under article 31, ATM May 13, 2013.
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“Animal control officer”, an appointed officer authorized to enforce General Laws
chapter 140, sections 136A to 174E, inclusive.
“Attack”, aggressive physical contact initiated by an animal.
“Dangerous dog”, a dog that either: (i) without justification, attacks a person or
domestic animal causing physical injury or death; or (ii) behaves in a manner that
a reasonable person would believe poses an unjustified imminent threat of
physical injury or death to a person or to a domestic or owned animal.
“Hearing authority”, the Select Board.
“Licensing authority”, the Town Clerk.
“Nuisance dog”, a dog that: (i) by excessive barking or other disturbance, is a
source of annoyance to a sick person residing in the vicinity; or (ii) by excessive
barking, causing damage or other interference, a reasonable person would find
such behavior disruptive to one's quiet and peaceful enjoyment; or (iii) has
threatened or attacked livestock, a domestic animal or a person, but such threat
or attack was not a grossly disproportionate reaction under all the circumstances.
Section 4:14-39(4)
(a) Any person may file a complaint in writing to the hearing authority that a dog
owned or kept in the Town is a nuisance dog or a dangerous dog; provided,
however, that no dog shall be deemed dangerous: (i) solely based upon growling
or barking or solely growling and barking; (ii) based upon the breed of the dog; or
(iii) if the dog was reacting to another animal or to a person and the dog's reaction
was not grossly disproportionate to any of the following circumstances:
(1) the dog was protecting or defending itself, its offspring, another domestic
animal or a person from attack or assault;
(2) the person who was attacked or threatened by the dog was committing a crime
upon the person or property of the owner or keeper of the dog;
(3) the person attacked or threatened by the dog was engaged in teasing,
tormenting, battering, assaulting, injuring or otherwise provoking the dog; or
(4) at the time of the attack or threat, the person or animal that was attacked or
threatened by the dog had breached an enclosure or structure in which the dog
was kept apart from the public and such person or animal was not authorized by
the owner of the premises to be within such enclosure including, but not limited to,
a gated, fenced-in area if the gate was closed, whether locked or unlocked;
provided, however, that if a person is under the age of 7, it shall be a rebuttable
presumption that such person was not committing a crime, provoking the dog or
trespassing.
14-39(4)
As amended under article 31, ATM May 13, 2013.
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The hearing authority shall investigate or cause the investigation of the complaint,
including an examination under oath of the complainant at a public hearing in the
municipality to determine whether the dog is a nuisance dog or a dangerous dog.
Based on credible evidence and testimony presented at the public hearing, the
hearing authority shall: (i) if the dog is complained of as a nuisance dog, either
dismiss the complaint or deem the dog a nuisance dog; or (ii) if the dog is
complained of as a dangerous dog: (A) dismiss the complaint; (B) deem the dog a
nuisance dog; or (C) deem the dog a dangerous dog.
(b) If the hearing authority deems a dog a nuisance dog, the hearing authority may
further order that the owner or keeper of the dog take remedial action to ameliorate
the cause of the nuisance behavior.
(c) If the hearing authority deems a dog a dangerous dog, the hearing authority
shall order 1 or more of the following:
(i) that the dog be humanely restrained; provided, however, that no order shall
provide that a dog deemed dangerous be chained, tethered or otherwise tied to an
inanimate object including, but not limited to, a tree, post or building;
(ii) that the dog be confined to the premises of the keeper of the dog; provided,
however, that “confined” shall mean securely confined indoors or confined
outdoors in a securely enclosed and locked pen or dog run area upon the premises
of the owner or keeper; provided further, that such pen or dog run shall have a
secure roof and, if such enclosure has no floor secured to the sides thereof, the
sides shall be embedded into the ground for not less than 2 feet; and provided
further, that within the confines of such pen or dog run, a dog house or proper
shelter from the elements shall be provided to protect the dog;
(iii) that when removed from the premises of the owner or the premises of the
person keeping the dog, the dog shall be securely and humanely muzzled and
restrained with a chain or other tethering device having a minimum tensile strength
of 300 pounds and not exceeding 3 feet in length;
(iv) that the owner or keeper of the dog provide proof of insurance in an amount
not less than $100,000 insuring the owner or keeper against any claim, loss,
damage or injury to persons, domestic animals or property resulting from the acts,
whether intentional or unintentional, of the dog or proof that reasonable efforts
were made to obtain such insurance if a policy has not been issued; provided,
however, that if a policy of insurance has been issued, the owner or keeper shall
produce such policy upon request of the hearing authority or a justice of the district
court; and provided further, that if a policy has not been issued the owner or keeper
shall produce proof of efforts to obtain such insurance;
(v) that the owner or keeper of the dog provide to the licensing authority or animal
control officer or other entity identified in the order, information by which a dog may
be identified, throughout its lifetime including, but not limited to, photographs,
videos, veterinary examination, tattooing or microchip implantations or a
combination of any such methods of identification;
(vi) that unless an owner or keeper of the dog provides evidence that a veterinarian
is of the opinion the dog is unfit for alterations because of a medical condition, the
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REVISED General By-Laws (2022 edition)
owner or keeper of the dog shall cause the dog to be altered so that the dog shall
not be reproductively intact; or
(vii) that the dog be humanely euthanized.
No order shall be issued directing that a dog deemed dangerous shall be removed
from the Town. The Town shall not regulate dogs in a manner that is specific to
breed.
(d) Within 10 days after an order issued under subsections (a) to (c), inclusive, the
owner or keeper of a dog may bring a petition in the district court within the judicial
district in which the order relative to the dog was issued or where the dog is owned
or kept, addressed to the justice of the court, praying that the order be reviewed
by the court or a magistrate of the court. After notice to all parties, the magistrate
shall, under section 62C of chapter 221 of the General Laws, review the order of
the hearing authority, hear the witnesses and affirm the order unless it shall appear
that it was made without proper cause or in bad faith, in which case the order shall
be reversed. A party shall have the right to request a de novo hearing on the
complaint before a justice of the court.
(e)(1) Pending an appeal by an owner or keeper under subsection (d), the hearing
authority may file a petition in the district court to request an order of impoundment
at a facility the Town uses to shelter animals for a dog complained of as being a
dangerous dog. The Town shall not incur liability for failure to request
impoundment of a dog under this subsection.
(2) A justice of a district court, upon probable cause to believe that a dog is a
dangerous dog or that a dog is being kept in violation of this section or in violation
of an order issued under this section by a hearing authority or a court, may issue
an order: (i) of restraint; (ii) of confinement of the dog as considered necessary for
the safety of other animals and the public; provided, however, that if an order of
confinement is issued, the person to whom the order is issued shall confine the
dog in accordance with clause (ii) of subsection (c); or (iii) of impoundment in a
humane place of detention that the Town uses to shelter animals; or (iv) any other
action as the court deems necessary to protect other animals and the public from
the dog.
(f) A justice of the district court shall hear, de novo, an appeal filed under
subsection (d). Based upon credible evidence and testimony presented at trial, the
court shall, whether the dog was initially complained of as a nuisance dog or as a
dangerous dog: (i) dismiss the complaint; (ii) deem the dog a nuisance dog; or (iii)
deem the dog a dangerous dog. The decision of the court shall be final and
conclusive upon the parties.
(g) If a court affirms an order of euthanasia, the owner or keeper of the dog shall
reimburse the Town for all reasonable costs incurred for the housing and care of
such dog during its impoundment and throughout the appeals process, if any.
Unpaid costs shall be recovered by the Town on behalf of the hearing authority by
any of the following methods: (i) a lien on any property owned by the owner or
keeper of the dog; (ii) an additional, earmarked charge to appear on the vehicle
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excise of the owner or keeper of the dog; or (iii) a direct bill sent to the owner or
keeper of the dog.
All funds recovered by the Town under this subsection shall be transferred to the
organization or entity charged with the responsibility of handling dog complaints
and impoundment. If the organization or entity falls under the management or
direction of the Town, costs recovered shall be distributed at the discretion of the
Town.
If the court overturns an order of euthanasia, the Town shall pay all reasonable
costs incurred for the housing and care of the dog during any period of
impoundment.
(h) If an owner or keeper of a dog is found in violation of an order issued under this
section, the dog shall be subject to seizure and impoundment by a law
enforcement or animal control officer. If the keeper of the dog is in violation, all
reasonable effort shall be made by the seizing authority to notify the owner of the
dog of such seizure. Upon receipt of such notice, the owner may file a petition with
the hearing authority, within 7 days, for the return of the dog to the owner. The
owner or keeper shall be ordered to immediately surrender to the licensing
authority the license and tags in the person's possession, if any, and the owner or
keeper shall be prohibited from licensing a dog within the commonwealth for 5
years. A hearing authority that determines that a dog is dangerous or a nuisance
or that a dog owner or keeper has violated an order issued under this section shall
report such violations to the issuing licensing authority within 30 days.
(i) Orders issued by a hearing authority shall be valid throughout the
commonwealth unless overturned under subsection (d) or (f).
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REVISED General By-Laws (2022 edition)
Section 5: Full Time Leash Law
Any person owning or harboring a dog shall not cause or allow said dog to roam
at large * in any of the streets or public ways or places within the confines of the
Town of Canton, or upon the premises of anyone other than the owner or keeper,
unless the owner or occupant of such premises expressly grants permission.
Under no circumstances shall a dog even though secured by suitable lead be
allowed on private property, unless specific permission has been granted by the
owner of said property. No dog shall be permitted in any public place or on any
public thoroughfare inclusive of all Town owned property and properties under
the authority of the Commonwealth of Massachusetts that are situated in the
Town of Canton, unless said dog is restrained by a chain or lead not exceeding
seven (7) feet in length that is of suitable test for the size of dog that is being
restrained, and is attended by a person of adequate age and discretion to
properly control its actions or is at the heel ** position beside a competent person
and demonstrably obedient to the person's command.
Section 6: Unlicensed Dogs; Licensed Dogs Not Wearing Tags
Any dog within the limits of the Town, unlicensed or not wearing a valid license
tag shall be impounded by the Animal Control Officer and not release until pound
fees, in accordance with the General Laws, and pickup fees are paid and current
license is obtained from the Town Clerk. Any dog not claimed within ten days will
become the property of the Town of Canton, and will be disposed of by the
Animal Control Officer by whatever humane means are available.
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REVISED General By-Laws (2022 edition)
Section 7: Dogs in Estrus Cycle
If the Animal Control Officer determines that a dog in her estrus cycle (even
when confined to the property of her owner or keeper) is attracting other dogs to
her area, which condition causes disturbance on or damage to neighboring
property or public area, the Animal Control Officer may pick up and impound the
dog for the duration of her estrus cycle, releasing thereafter to the owner or
keeper upon payment of pickup and pound fees; or the Animal Control Officer
may require the owner or keeper to place and keep such dog, while in such
cycle, in a commercial or boarding kennel or to remove it from the area so that
the nuisance is abated.
Section 8: Pound and Equipment
The Select Board may select a commercial kennel facility within the Town or use
the existing Town Kennel to impound or keep dogs that have been apprehended
by the Animal Control Officer as being strays or violators of the law, providing
that both of the foregoing are within cost limitations and specifications set by the
Select Board.
Section 9: Fines and Penalties 14-39(X)
a. Failure to License a Dog in a timely manner $ 50.
b. Violations of the Leash Law
1st Offense $ 25.
2nd Offense within 12 months of first $ 50.
3rd Offense within 12 months of first $ 75.
4th Offense within 12 months of first $100.
All subsequent, within 12 months of first $100.
c..Dog Bite – The Animal Control Officer must make a
judgment as to the severity and the provocation of
the bite to determine the processing and procedure
for this violation.
1st Offense $ 25.
2nd Offense $ 50.
3rd and all subsequent offenses $100.
d. Dog found in School Yard, in addition to Section X, B $ 25.
e. Nuisance complaints, including, but not limited to,
barking, littering, defecating or micturating on
sidewalks or private property.
1st Offense $ 25.
2nd Offense, within 12 months of first $ 50.
All subsequent occurrences of same violation
occurring within 12 months of the first. $ 50.
f. Failure to comply with an order of restraint issued in
accordance with MGL Chapter 140, Section 168 $ 50.
g. Failure to comply with an order issued under the
authority of MGL c. 140, section 163 to kill or confine
14-39(X)
As amended under article 33, ATM 1990 and amended under article 25, ATM May 1, 2002. Amended again under
article 34, ATM April 30, 2003. Amended under article 25, ATM May 15, 2019.
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a dog that has worried, maimed or killed livestock
or fowls $ 25.
h. Failure to cause a dog to be vaccinated against rabies
as required by MGL chapter 140, section 145B $ 25.
Section 39A.39A
Section 40. Junk Automobiles 14-40
(a) No person or entity, corporate or otherwise, as owner or as one in control of
premises, shall keep in the open in any area of the Town of Canton, except
land designated by the Select Board for public dumping purposes, any junk
automobile, as defined in Paragraph (b) of this Section:
(b) For the purpose of this By-Law, a junk automobile shall be one which is worn
out, cast off, or discarded, and which is ready for dismantling or destruction,
or which has been collected or stored for salvage, or for stripping, in order to
make use of parts thereof. Any parts from such a vehicle shall be considered
junk automobile under this By-Law.
(c) Any person or entity who violates this By-Law shall be liable to a fine of
$20.00 for each day said violation continues.
Section 41. Water Wells 14-41
(a) No person or entity corporate or otherwise, as owner or as one in control of
premises shall excavate or drill in the Town of Canton for the purpose of
creating and maintaining a well for commercial use without first obtaining
from the Select Board written authorization for said excavating or drilling.
(b) Any person or entity who violates this By-Law shall be liable to a fine of
$20.00 for each day said violation continues.
39A
Deleted under article 31, ATM May 13, 2013
14-40
Inserted under article 18, ATM 1969.
14-41
Inserted under article 21, ATM 1970.
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Section 42. Discharge of Firearms 14-42
No person shall fire or discharge any gun, rifle, fowling piece, pistol, revolver, or
other firearm within one thousand (1,000) feet of any street, public place, square,
or golf course in the town, except with the permission of the Select Board, or in
any private ground, except with the consent of the owner thereof; provided
however, that this by-law shall not apply to the use of such weapons at any
military exercise, or in the lawful defense of the person, family or property of a
citizen.
Section 43. Hours of Operating Earth Moving Equipment 14-43
No person shall operate heavy earth moving equipment or vehicles within the
Town on any weekday (Monday-Friday) except between the hours of 7:00 A.M. to
6:00 P.M., nor on any Saturdays except between the hours 8:00 A.M. and 5:00 PM
or any Sundays or Massachusetts state holidays at any time, except in the event
of emergency or for public safety or other purposes approved by the Chief of Police
or the Chief’s designee, provided in every such case such person has first applied
and paid an application fee (to be set from time to time by the Select Board) to and
received from the Chief of Police or the Chief’s designee an express written Waiver
of Time Limits waiving compliance with this Section 43. For the purposes of this
Section 43, heavy earth moving equipment and vehicles shall include, but not be
limited to backhoes, bulldozers, dump trucks, cement mixers and equipment and
vehicles used in or for excavating, filling, transporting, holding, moving or removing
soil, loam, sand, gravel, stone, clay, sod, minerals, organic matter, debris,
construction materials or other earth materials or compounds. Persons found in
violation of this section may be fined not more than two-hundred dollars ($200.00)
for each offense. Each day that such violation continues shall constitute a
separate offense.
Section 44. Underground Storage of Flammable Fluids 51 14-44
Section 1.
Any flammable liquid or gasoline storage tank installed below the ground
under license duly granted by the Select Board will be tested for leakage at
the expense of the owner upon installation, and according to the following
schedule, the date of which shall be determined by the license date or the
date of installation whichever is later.
Day of installation
Every 5 years up to 20 years
Every 2 years up to 30 years
Annually unless the Fire Chief determines that conditions indicate
more frequent testing be done.
Such testing will be done under the supervision of the Chief of the Fire
Department using the Kent/Moore Test Method. The tank or tanks shall be
removed by the owner, at no expense to the Town, if they should fail the test,
14-42
Inserted under article 74, ATM 1971 (see also Article XIV, Section 13 of these By-Laws). Amended under article 25,
motion 1 , ATM April 24, 2000, disallowed by Attorney General.
14-43
Inserted under article 53, ATM 1973. Amended under article 31, ATM 2008.
14-44
Inserted under article 41, ATM 1980.
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or at anytime when they shall become a hazard because of leakage or
otherwise, in the opinion of the Chief of the Fire Department.
Section 2.
The fact of installation, maintenance and/or usage of such storage tanks
under a license duly granted by the Select Board shall constitute an
agreement on the part of the owner or owners of such tanks to save and hold
harmless the Town of Canton from any and all reasonable and necessary
expenses of removing the said tanks upon expiration of the license, or at any
time when the same shall be required, in the opinion of the Chief of the Fire
Department.
Section 3.
The fact of installation, maintenance and/or usage of such storage tanks
under a license duly granted by the Select Board shall constitute an
agreement on the part of the owner or owners to remove at the cost of the
owner or owners such tanks upon the discontinuance or abandonment of that
business necessitating or using such tanks whether or not such
discontinuance and/or abandonment by less than the five year limitation
above mentioned. Removal of such tanks under the provisions herein shall
be within one hundred and eighty days of the date of discontinuance or
abandonments.
Section 4.
Jurisdiction over any and all leakage of flammable liquid or fumes or other
harmful and injurious matter into any main, line or other conduit below the
surface of the ground, constituting a detriment to the public health and/or
safety of the public, shall be vested with the office of the Chief of the Fire
Department.
Section 5.
Upon satisfactory showing of such leakage into any such main, conduit or
line, the Chief shall cause to be sent, registered mail, notification of such
leakage to all owners of land duly licensed for such storage of gasoline or
other flammable or injurious material in the area defined as the source of
such leakage. Such notice shall contain the following: (1) the fact of leakage
and the particular main, line or conduit affected; (2) the defined area within
which the source of leakage is located if ascertainable; (3) a demand upon
the owner(s) of such licensed land within the defined area to take necessary
action to test and confirm the absence of any such leakage from storage
tanks upon the owner's particular land; (4) a reasonable time limit within
which to effect such tests, not to exceed seventy-two hours; (5) notification of
the intention of the town to make such reasonable and necessary tests as
are requested upon the failure of the owner to take action; (6) the amount of
charge for such tests in the event the owner fails to comply with the demand.
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Section 6. The fact of installation, maintenance and or usage of such
storage tanks under license of the Select Board, with the actual or implied
consent of the owner of such land, shall constitute an agreement on the part
of the owner of such licensed land to take such action as requested above to
discover the presence or absence of any such leakage; and shall further
constitute an agreement on the part of the owner to hold and save harmless
the Town from any reasonable and necessary expenditures incurred by the
Town in testing the licensed land upon failure of the owner to comply with the
notification of the Chief of the Fire Department.
Section 7.
Any tanks installed in a flood plain area will be in a concrete vault.
Section 8.
The fee for an original license duly granted by the Select Board shall not
exceed $25.00. The fee for annual renewal shall not exceed $20.00.
Section 45. (No By-Law with this section number has been adopted.)
Section 46. Fire Lanes 14-46
A. It shall be unlawful to obstruct or to block any private way with a motor
vehicle or by any other means so as to prevent ingress and egress over
such private way by fire apparatus or by any other emergency public
safety vehicle.
B. The Chief of the Fire Department is hereby authorized to designate 'fire
lanes' in shopping centers, at multiple family residential areas near any
commercial or industrial buildings or at any other place as in the judgment
of such officer the public safety requires. Such 'fire lanes' shall consist of
an area at least twelve feet in width and shall be plainly marked and
designated 'fire lanes' by painting on the road surface and by the posting
of signs, located and approved by the Fire Chief.
C. Any motor vehicle or other object left or placed in a fire lane so as to
obstruct or in any way to impede access by fire apparatus or by any other
emergency public service vehicle may be removed under the direction of a
police officer at the expense of the owner and without liability to the Town
of Canton.
D. Any person who violates any of the preceding sections shall for each
offense be punished by a fine of twenty-five dollars.
Section 47. Certain Fire Signaling Devices Prohibited. 14-47
Whoever installs, consents or causes to be installed, maintains, or consents or
causes to be maintained, in any building or structure a mechanical device that is
14-46
Inserted under article 16, ATM May 16, 1994.
14-47
Inserted under article 45, ATM 1980.
70Source page 71
REVISED General By-Laws (2022 edition)
automatically keyed to or that activates the telephone lines or numbers controlled
by, or listed to, the Canton Fire Department, shall be punished by a fine of not
more than $50.00; provided however, that, until sixty days after this section takes
effect, the provisions of this section shall not apply to such mechanical protection
devices installed prior to the date upon which this section takes effect. For the
purpose of this section, "mechanical protection device," means an electrically
operated instrument composed of sensory apparatus designed to detect a
physical force or condition characteristic of a fire or unauthorized entry.
Section 48. Alarm System, Registration and Regulations By-Law (Deleted)
14-48
Section 49. Numbering of Dwellings 14-49
Every structure in the town used or occupied for dwelling purposes shall have
permanently affixed to it, in a manner so as to be visible from the street, the
number assigned to said structure. At the time of the sale or transfer of
ownership of any such structure the Fire Department, while in the conduct of the
inspection of the premises as required by General Laws, Chapter 148 Section
26F, shall verify that such numbers are present and visible.
Letters or numerals shall be visible from the street side of the property and a
minimum of 3" tall. Script is not acceptable. If the building is set back on the
property, a number mounted on a mail box or lamp post will be acceptable.
The numbers of all buildings shall be assigned by the Select Board on the
recommendations made to it by a committee which shall consist of the Chief of
Police, the Fire Chief, the Building Commissioner, the Superintendent of Public
Works, the Deputy Assessor, Town Clerk and such official with such title as
designated by the Select Board and as authorized under Chapter 41, Section
23A of the General Laws.
Section 50. Regulation of, so called, Yard Sales 14-50
Non-Business Sales of Goods and Merchandise
I. RESIDENT HOUSEHOLDS - Any person occupying a residence within the
Town of Canton may be permitted to hold a sale of household goods for the
type commonly known as "yard", "tag", or "garage" sales on the premises
where such residence is located provided that no such premises may be used
for such purposes on more than two consecutive days twice in any one
calendar year, in accordance with the following procedure:
1. An application for a special permit authorizing such sales shall be filed in the
office of the Select Board not less than fourteen days prior to the date, or
14-48
Inserted under article 46, ATM 1980. Section 48 deleted under article 27, ATM May 9, 2022
14-49
Inserted under article 47, ATM 1986. The third paragraph was inserted by STM April 27, 1992 under article 8 of the
warrant. Amended under article 34, ATM May 5, 2004.
14-50
Inserted under article 34, ATM May 15, 1995. Amended under article 25, ATM April 26, 2004.
71Source page 72
REVISED General By-Laws (2022 edition)
dates, for which the permit is requested. A fee as set by the Select Board
pursuant to Chapter 40, Section 22F of the Massachusetts General Laws
shall be included with each application when filed.
2. A copy of the application shall be filed by the applicant with the Fire
Department and with the Police Department.
3. Within seven days following the receipt of an application for a special permit
under this section the Chief of the Fire Department and the Chief of the
Police Department shall advise the Select Board of any special conditions
which they believe should be attached to any special permit as may be
granted in order to protect the public peace, health and safety.
4. The Select Board shall, forthwith following receipt of the recommendation of
the Police or Fire Department, issue or deny such application for a permit to
conduct a sale of household goods and may attach to any such permit as
may be granted, terms or conditions to govern the conduct of the sale.
II. NON-PROFIT ORGANIZATIONS - Any religious, civic, fraternal or other
non-profit organization having its office, hall or otherwise conducting its
activities in the Town of Canton may sponsor a "yard", "tag", or "garage" sale
on the property owned or leased by it, or otherwise made available to it for
the purposes of any such sale, by filing an application as provided in Section
1, provided, however, no fee shall be required for a permit.
III. ADDITIONAL SALES, ONE CALENDAR YEAR - It is the intention of this By-
Law that the conduct of "yard", "tag", or "garage" sales be limited to not more
than two such sales at any one location or parcel of land in any one calendar
year.
The Select Board may, by special petition filed with it, and which sets out in
clear an specific terms the reason or reasons upon which an applicant
believes an exemption should be granted, permit additional sales at the
same location in the same calendar year.
IV. PENALTIES - Any person found to be in violation of any provision of this by-
law shall be punished by a fine not to exceed the maximum amount
prescribed by law. Each day on which a violation occurs shall be considered
a separate violation. This section may be enforced by any police officer of
the town pursuant to the provisions of Section 21D of Chapter 40 and when
so enforced the penalty shall be one hundred dollars ($100.00).
Section 51. Regulations for New Dwellings 14-51
In all new dwellings the bottom of the cellar floor or basement must be at least
twelve inches above the maximum ground water table. The driveway for any
dwelling with a garage under or a garage attached shall be so constructed that
street surface water is prevented from flowing onto the driveway and into the
14-51
Inserted under article 33, ATM May 22,1995.
72Source page 73
REVISED General By-Laws (2022 edition)
garage. Provision shall be made for the disposal of all water which may collect
within the approach to the garage. No surface water shall be permitted to enter
the garage. In the absence of any other acceptable alternative the garage floor
shall be a minimum of six inches higher than the centerline elevation of the
street. Without exception of the lot shall be graded in a manner which sheds
water away from the foundation and prevents the accumulation of any standing
or trapped water.
The own or builder shall submit a plot plan stamped and signed by the registered
professional engineer to the Town Engineering Division. The plan shall show the
location of test pits dug for the purpose of locating the ground water table. An as
built drawing, stamped and signed by a registered professional engineer, shall be
submitted to the Town Engineering Division upon the completion of the project.
Section 52. Designated Handicapped Parking 14-52
A. Designated parking spaces for vehicles owned and operated by disable
veteran, or by handicapped persons and bearing the distinctive number
place, or placards authorized by Massachusetts General Laws Annotated
Chapter 90 Section 2 or distinctive number plate, or placards or other
devices authorized and issued for the same purpose by any other state,
country, province, or territory shall be provided in public and private off-
street parking areas.
B. Any person or body that has lawful control of a public or private way, or of
improved or enclosed property used as off-street parking areas for
business, shopping, malls, theaters, auditoriums, sporting or recreational
facilities, cultural centers, multi-unit residential dwellings for rent or lease
for any term, or for any other area, where the public has a right of access
as invitees or licensees shall be required to reserve spaces in said off-
street parking areas for any vehicle owned an/or operated by a disabled
veteran or handicapped person whose vehicle displays the distinguishing
license plate or placard authorized by Section A according to the following
formula:
Total Spaces Required Handicapped Parking
15 - 25 1 space
26 - 40 2 spaces
41 - 75 3 spaces
70 - 100 4 spaces
101 - 150 5 spaces
151 - 200 6 spaces
201 - 300 7 spaces
301 - 400 8 spaces
401 - 500 9 spaces
14-52
Inserted under article 35, ATM May 14, 1997.
73Source page 74
REVISED General By-Laws (2022 edition)
501 or more 2% of total spaces
Outpatient Medical Facilities: 10% of total spaces
Facilities
specializing in
treatment of, or
services for
people with
mobility
impairments: 20 % of total spaces
C. Designated handicapped parking spaces shall be placed, constructed and
sized as follows:
1) Accessible space, shall be level.
2) Accessible spaces shall be at least 8 feet wide with level access
aisles at lease 5 feet wide marked on pavement.
3) Access aisles shall be designated by “slashes” or “crosshatches”
permanently marked on pavement.
4) Parking areas not paved shall allow the same dimensions for each
handicapped parking space as paved areas.
5) Two accessible spaces may share a common aisle. These spaces
should be in a location providing the shortest route of travel to an
accessible entrance. If there is more than one accessible entrance,
the spaces shall be located near each accessible entrance.
6) Sidewalks at such spaces shall have curb cuts at each access aisle
constructed so that a handicapped person is not required to enter
the flow of traffic to access the curb cut.
D. One in eight designated handicapped parking spaces with a minimum of
one shall be designated as “van accessible”. Van accessible spaces shall
be eight feet wide with an aisle eight feet wide allowing a van to operate a
lift. Alternatively all spaces may be “universal” spaces eleven feet wide
with an access aisle five feet wide.
E. There shall be an above grade sign at each designated handicapped
parking space. The bottom of the sign shall not be lower than five feet
from the ground. The top of the sign shall not be more than eight feet
from the ground. The sign shall show at minimum the "International
Symbol of Access” in white on a blue background or in blue on a white
74Source page 75
REVISED General By-Laws (2022 edition)
background. All “van accessible” Handicapped spaces shall be marked as
such either on the above grade sign or directly below it using the words
“Van Accessible” in white on a blue background or blue on a white
background. All signs and markings shall be subject to the approval of the
Chief of Police or the Chief’s designee.
F. The leaving of unauthorized vehicles within parking spaces designated for
use by disabled veterans or handicapped persons as authorized by
Section A and B, or in such a manner as to obstruct a curb cut or ramp
designed for use by handicapped persons as a means of access to a
public way or to a place to which members of the public have rights of
access as invitees or licensees shall be prohibited.
G. The penalty for violations of Sections A, B, C, D, or E shall be ten dollars
($10.00) per day per violation after the person or body having lawful
control of the ways or property described in Section B has been given
written notice and not less than thirty (30) days to comply.
H. The penalty for violations of Section F shall be one hundred dollars
($100.00). The vehicle(s) may be removed pursuant to Massachusetts
General Laws Chapter 266, Section 120D. Violators shall be cited in
accordance with Massachusetts General Laws Chapter 90, Sections 20A
and 2QA ½.
I. Violations of Sections A, B, C, D, or E shall be enforced by the Police
Department or by the Building Commissioner under the procedure for Non
Criminal Disposition of violations of municipal regulations, pursuant to
MGL Chapter 40 Section 21D.
Section 53. Maintenance and Repair of Private Ways 14-53
(a) Permitted Maintenance and Repairs. When public necessity and
the interest of public safety require it, the following types of
maintenance and repairs may be performed on approved private ways
at a time and in a manner determined by the Superintendent of the
Department of Public Works, or their designee:
(1) Grading, including the furnishing of gravel, fill or other materials as
required to properly repair the roadway surface.
(2) Maintenance, repair or replacement of drainage systems, including
piping, culverts, catch basins and other drainage structures.
(3) Patching of potholes and heaved areas.
(4) Crack sealing as required to preserve the integrity of the roadway
surface.
14-53
Inserted under article 44, ATM April 28, 1999.
75Source page 76
REVISED General By-Laws (2022 edition)
Such maintenance and repairs may be undertaken on the initiative of
the Superintendent of the Department of Public Works. Such
maintenance and repairs may be undertaken upon receipt by the
Department of Public Works of a petition signed by the owners of not
less than fifty-one percent (51 %) of the frontage abutting the private
way.
(b) Annual Expenditure of Town Funds; Cash Deposit; Liability.
The annual expenditure of Town funds on any individual private way for
the above-listed maintenance and repairs shall not exceed five hundred
dollars ($500.) per mile or portion thereof for labor and materials. In the
event that maintenance and repairs in excess of this amount shall be
required, betterment charges shall be assessed to all abutters.
A cash deposit shall not be required prior to undertaking these
maintenance and repairs.
Neither the Town nor its officers or employees shall be liable on
account of any damages resulting from such maintenance and repairs.
(c) List of Approved Private Ways. A complete list of all private ways
to which this section applies shall be kept by the Town Clerk. The
Superintendent of the Department of Public Works shall, annually,
submit a list of additions or deletions to said list to be approved by the
Select Board at least ninety (90) calendar days before the start of the
fiscal year. All of the approved private ways shall be posted with an
appropriate sign stating "Private Way" at the points where they enter
upon or unite with an existing public way.
Section 54. (Disallowed by the Attorney General)
Section 55. Hunting14-55
Section 1:
In addition to any applicable provision of state law regarding the regulation and
licensing of hunting and/or firearms, no person shall hunt, trap, fire or discharge
any firearm or weapon of any kind within the limits of any park, playground or other
public property of the Town, except with the consent of the Select Board, or other
Town governmental body with jurisdiction over such property. Nor shall any
person fire or discharge any firearm, or weapon of any kind on any private property,
except with the written consent, to be in the person’s possession, of the owner or
legal occupant thereof.
14-55
Inserted under article 30, ATM April 30, 2012
76Source page 77
REVISED General By-Laws (2022 edition)
Section 2:
This bylaw shall not apply to the lawful defense of life or property, nor to any law
enforcement officer acting in the discharge of their duties.
Section 3:
Any person violating any of the provisions of this article shall be fined $200 for
each offense, and any weapon used in the commission of said offense shall be
confiscated by a law enforcement officer. The Canton Police Department, the
Massachusetts Environmental Police or any sworn police officer who has
jurisdiction in the Town of Canton may enforce this by-law. Any person in violation
of this by-law may also be subject to Massachusetts laws and regulations, where
applicable.
Section 56. Secondhand Jewelry and Electronics14-56
License Required:
No person shall engage in the business for the sale of or barter of secondhand
gold, silver, platinum, jewelry, gems, electronics or electronic games, without first
having obtained a license from the Select Board.
License Fee:
The fee for such license shall be $50 and shall be renewed annually and
displayed in plain view on the premise.
Recording Sales:
At the time of the transaction the business owner must record the;
1. Name
2. Address
3. Date of birth
4. Drivers license or photo ID#
5. Time and date of sale
6. A complete and accurate description as well a photograph of the item
Report to police:
A report of all transactions of sale, purchase or barter shall be filed on forms
provided by the licensing authority shall be forwarded either electronically, U.S.
Mail or in person to the Canton Police Department on a weekly basis. Items
taken in trade must be held for at least 21 days after such report is filed.
Violation and penalties:
Violation of any terms of this license shall be punished by a fine of not less than
$100 and may be enforced by any sworn Canton Police Department officer.
Each day on which the violation exists shall be deemed to be a separate offense.
14-56
Inserted under article 31, ATM April 30, 2012
77Source page 78
REVISED General By-Laws (2022 edition)
Section 57. Prohibition of Recreational Marijuana Establishments14-57
(a) No person or entity, corporate or otherwise, shall own or operate in the
Town of Canton a Recreational Marijuana Establishment as defined in
subsection (b) of this Section 57.
(b) For purposes of this Section 57, Recreational Marijuana Establishments
shall be defined as follows: all types of marijuana establishments as defined
in M.G.L. c. 94G, §1(j), including marijuana cultivator, independent testing
laboratory, marijuana product manufacturer, marijuana retailer or any other
type of licensed marijuana-related business, but not including Medical
Marijuana Treatment Centers as defined in Chapter 369 of the Acts of 2012
and 105 CMR 725.004.
(c) Whoever violates this Section 57 shall be punished by a fine of $300.00 for
each violation. Each day on which a violation occurs shall constitute a
separate offense. This Section 57 may be enforced by any sworn member
of the Town of Canton Police Department.
Section 58. Noise By-law14-58
Section 1. Definitions
For the purpose of this by-law, the following terms, phrases, words and
derivations shall have the meaning given herein:
A. “dBa” shall mean A-weighted sound level in decibels, as measured by a
general purpose sound level meter complying with the provisions of the
American National Standard Institute "Specifications for Sound Level
Meter (ANSI SIR 19711)", properly calibrated, and operated on the "A"
weighting network.
B. “Enforcing person” shall mean any police officer of the Town.
C. “Unreasonable or excessive noise” shall mean either of the following: (a)
Noise measured in excess of 50 dBa between the hours of 11:00 P.M. and
7:00 A.M., or in excess of 70 at all other times; or (b) Noise that is clearly
audible by a person of normal hearing at a distance of two hundred (200)
feet from its source.
14-57
Inserted under article 40, ATM May 16, 2018
14-58
Section 58 added under article 26, ATM May 9, 2022
78Source page 79
REVISED General By-Laws (2022 edition)
D. Loud amplification device or similar equipment shall mean a radio,
television, stereo, tape player, cassette player, compact disc player, MP3
player, loud speaker, sound amplifier, electronic device, or any other
similar apparatus or equipment operated in such a manner that it creates
excessive noise.
Section 2. General Prohibitions
A. It shall be unlawful for any person or persons being present in or about
any building, dwelling, structure, premises, shelter, or place within the
Town of Canton to create, assist in creating, make, cause or allow to be
made any unreasonable or excessive noise, including but not limited to
such noise resulting from the operation of any sound producing device or
instrument, or from the playing of any band or orchestra, or from the use
of any device to amplify the aforesaid noise, or from the making of
excessive outcries, exclamations, or loud singing or any other excessive
noise by a person or group of persons, or from the use of any device to
amplify such noise provided, however, that any performance, concert,
establishment, band, group or person who has received and maintains a
valid license or permit from any department, board or commission of the
Town of Canton authorized to issue such license or permit shall be
exempt from the provisions of this section.
B. Any person aggrieved by such disturbance of the peace may complain to
the Police about such unreasonable or excessive noise. The Police, in
response to each complaint, shall verify by use of the sound level meter
described herein that the noise complained of does exceed the limit
described herein and if so, may seek enforcement through a non-criminal
proceeding pursuant to the provisions of General Laws, Chapter 40,
Section 21D or make application in the appropriate court for issuance of a
criminal complaint.
Each violation of this Noise By-law shall be punishable by a penalty of $300.00
with each day a violation continues constituting a separate offense.
ARTICLE XIV (A) - 14A
GAS PIPING AND APPLIANCES
14A
Deleted by article 29, ATM May 16, 1994.
79Source page 80
REVISED General By-Laws (2022 edition)
ARTICLE XV 15
WETLANDS PROTECTION BY-LAW
Section 1. Purpose
The purpose of this by-law is to protect the foreshores, wetlands, related water
resources, and adjoining land areas in this municipality by controlling activities
deemed by the Conservation Commission likely to have a significant or
cumulative effect upon wetland values, including but not limited to the following:
public or private water supply, groundwater, flood control, erosion, and
sedimentation control, storm damage, storm damage prevention, water pollution,
fisheries, shellfish, wildlife habitat, recreation, aesthetics, agriculture, and aqua
values (collectively, the "wetland" values protected by this by-law).
Section 2. Jurisdiction 15-2
Except as permitted by the Conservation Commission or as provided in this by-
law, no person shall remove, fill, dredge, build upon, or alter the following
resource areas: within 200 feet of a riverfront area as defined in MGL Chapter
one hundred and thirty-one Section forty, within 100 feet of freshwater wetland,
coastal wetland, marsh wet meadow, bog or swamp; within 100 feet of any bank,
beach, dune, or flat; any lake, river, pond, stream, estuary, or the ocean; within
100 feet of any lake, river, pond, stream, estuary, or the ocean: any land under
said waters; or within 100 feet of any land subject to flooding or inundation by
groundwater, surface water, tidal action, or coastal storm flowage.
Section 3. Exceptions 15-3
The permit and application required by this by-law shall not be required for
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 to provide electric, gas, water, drainage, sanitary sewer, telephone,
telegraph or other telecommunication services, provided that the structure or
facility is not substantially changed or enlarged, and provided that written notice
has been given to the Commission fourteen (14) days prior to commencement of
work. The Commission may after reviewing the proposed work require that a
permit application be filed with the Commission as provided in this by-law.
The permit and application required by this Wetlands Protection By-law shall not
be required for vista pruning, provided the activity occurs more than 50 feet from
the mean annual high water line within a Riverfront Area or from Bordering
Vegetated Wetland, whichever is farther, or for vegetation cutting for public
safety limited to the removal of diseased or damaged trees or branches that pose
an immediate and substantial threat”. (Pruning of landscape areas is not subject
to jurisdiction under this Article XV).
15
A Wetlands protection by-law was first inserted under article 95, ATM 1980. Under article 26, ATM 1986 a more
comprehensive by-law was substituted for the 1980 version.
15-2
As amended under article 38, ATM May 19, 1997.
15-3
As amended under article 11, STM April 29, 1989. As amended under article 34, ATM May 10, 2017.
80