General Bylaws Table of Contents

TOWN OF BRIDGEWATER MASSACHUSETTS GENERAL BYLAWS TABLE OF CONTENTS

Table of Contents 1-2 Article I Town Meeting 3 Article II Procedure at Town Meeting 4-5 Article III Advisory Committee 5-6 Article IV Accounting and Auditing 6 Article V Selectmen 6 Article VI Town Counsel 7 Article VII Town Clerk 7 Article VIII Treasurer 8 Article IX General Provisions Governing All Departments 8-9 Article X Streets and Sidewalks 9-11 Article XI Disorderly Behavior 11-12 Article XII Collector of and Dealers in Junk and Keepers of Junk Shops 12 Article XIII Pawn Brokers 12 Article XIV Parades and Public Gatherings 13 Article XV Penalty 13 Article XVI Repeal 13 Article XVII Establishing a Planning Board for the Town of Bridgewater 13-14 Boating/Launching Rules & Regulations for Lake Nippenicket 14 Continued Rules & Regulations Land Under the Control of the Town of Bridgewater 14 Regulation of Smoking at Public Meetings 15 Article XIX Building Inspector 15-16 Article XX Water Department 16 Article XXI Dog Leash Law 16-17 Article XXII Vehicle Parked or Interfering with Fire Lanes 17 Article XXIII Parking of Unregistered Vehicles 18 Electronic Burgular or Emergency Alarms 18 Article XXIV Regulating Handicapped Parking 19 Article XXV Storage of New or Used Rubber Tires, Tire Cashings, Tire Tubes, Rubber 19-20 Scraps, and/or Other by-Products of Rubber Tires Article XXVI Absences 20 Article XXVII Earth Removal 21 Article XXVIII Historic Commission & Historic District 23-24 Article XXIX Town Ways 24 Article XXX Numbering of Dwelling 24 Article XXXI Historic Iron Works District 24 Article XXXII Licenses and Permits of Delinquent Tax Payers 24-25 Article XXXIII Wetlands Protection By-Law 25-28 1

Article XXXIV Municipal/Residential Recycling & Trash Regulations 29-30 Article XXXV Fire Alarm Systems By-Law 30-32 Article XXXVI Enforcement 33 Article XXXV Fire Alarm & Fire Protection Systems 33 Article XXXVII Repairing Motor Vehicles 34 Article XXXVIII Water Use Restriction By-Law 34-35 Article XXXIX Maintenance of Storm Water Drain Facilities 36-39 Article XXXX Capital Planning Committee 40 Article XXXXI Street Acceptance 40-41 Article XXXXII Pyrotechnics 42 Article XXXXIII Dog By-Law 42-44 Article XXXXIII Prohibition of Smoking in Public Places and Workplaces 45-47 Article XLIV Community Preservation Committee 47-52 Laws & Acts Accepted by Vote of the Town of Bridgewater, MA 53

GENERAL BYLAWS OF THE TOWN OF BRIDGWATER MASSACHUSETTS

ARTICLE I Town Meeting

Section 1. The Town Meeting shall be held on the Saturday preceding the last Monday in April for the purpose of electing Town Officers and voting upon questions as required by General or Special Law. The spring session shall resume on the first Monday in May at 7:30 o'clock in the evening for the primary purpose of dealing with all financial matters the Town, including the adoption of an annum operating and capital budget and the revision of the wage and personnel By-law, if necessary. The meeting shall be continued on other days, until all articles in the warrant shall have been acted upon. Nothing in this section shall prevent insertion in the warrant of any article on any subject proper for Town Meeting consideration.

Section 2. The fall session of the Town Meeting shall be held on the second Monday in November—or, should that be a legal holiday, on the following day—at 7:30 o'clock in the evening for the primary purpose of considering and acting upon matters of planning, zoning, subdivision control, building codes, and the adoption, amendment, or repeal of By-laws, as well as such other business, including matters involving a transfer of Town funds, as may properly come before the meeting. The meeting shall be continued on other days, until all articles in the warrant shall have been acted upon. Nothing in this section shall prevent insertion in the warrant of any article on any subject for the Town Meeting consideration.

Section 3. At Annual Town Elections polls shall be open at seven o'clock in the morning and shall remain open until eight o'clock in the evening. At Special Town Elections the polls may be open no earlier than seven o’clock a.m., no later than 12 o'clock noon and may remain open no later than 8 o'clock in the evening. (Amended by Town Council effective 10/5/2012)

Section 4. Notice of every town meeting shall be given by posting an attested copy of the warrant calling the same at the main entrance to the Town Hall and in at least seven precincts other public places in the town, not less than fourteen days before the day appointed for such meeting, and the return of the officer, stating the manner of notice, shall be endorsed on the warrant. (Amended May 3, 1999 – Unanimous)

Section 5. Whenever a town meeting shall adjourn to a future date, the Town Clerk shall cause a notice of the time and place of such adjourned meeting to be posted at the main entrance to the Town Hall as soon as practicable after the adjournment. Such notice shall briefly state the business to come before the adjourned meeting.

Section 6. Notification of Annual and Special Town Meetings: Town Clerk shall post two (2) signs announcing all annual and special town meetings, including the date, time and place of said meetings. Aforementioned signs shall be placed at the north and south end of the town common. This posting shall occur no later than fourteen (14) days prior to all annual and special town meetings.

ARTICLE II Procedure at Town Meetings

Section 1. If the moderator, or the meeting by vote, so orders, only voters shall be admitted to the place of meeting or to a defined portion thereof, and the check list shall be used in the enforcement of such order.

Section 2. All articles in the warrant shall be acted upon in the order of their arrangement, unless the meeting by vote otherwise determines.

Section 3. All reports, motions and resolutions submitted for the consideration of the meeting involving the expenditure of money shall be in writing, if the moderator so directs.

Section 4. No person shall address the meeting unless recognized by the moderator, nor speak more than once on the same subject to the exclusion of any other whom may desire to speak.

Section 5. Any person who is employed as an attorney by another interested in any matter under discussion at a town meeting shall disclose the fact of his employment before speaking thereon.

Section 6. In case of motions to amend, or to fill blanks, the one expressing the largest sum or the longest time shall be put first, and an affirmative vote thereon shall be a negative vote on any smaller sum or shorter time.

Section 7. All committees shall be appointed by the moderator, unless the town otherwise directs, and shall report as directed, or at the next annual town meeting held thereafter, it shall be deemed discharged, unless an extension of time be granted by the town.

Section 8. When a report of a committee is placed in the hands of the moderator, it shall be deemed to be properly before the meeting for its action thereon, and a vote to accept the same shall discharge the committee; for the adoption of the recommendations of the committee, however, a specific vote shall be required. No appropriation shall be made under the report of any committee of the town until the matter has been considered and reported upon the advisory committee.

Section 10. No vote after being once passed at a meeting shall be reconsidered at the meeting or at an adjournment thereof, except by a two-thirds vote.

Section 11. No motion, the effect of which would be to dissolve the meeting, shall be in order until every article in the warrant has been duly considered and acted upon, but this shall not preclude the postponement of the consideration of any article to an adjournment of the meeting to a stated time.

Section 12. The duties of the moderator, not specifically provided by law or by these by-laws, shall be determined by rules of practice in "Town Meeting Time", so far as the same is applicable to a town meeting.

Section 13. At any Town Meeting, no warrant Article not then on the floor may be brought before the Town Meeting for its consideration or deliberation after the hour of 11:00 o'clock in the P.M. Discussion and action may continue as to any Warrant Articles properly brought before the Town Meeting prior to the hour 11:00 o'clock in the P.M., unless said Town Meeting by vote, determines otherwise.

Unanimous Adopted by the Attorney General on February 16, 1982.

Section 14. When required by law or at the discretion of the Moderator, the entire Town Meeting shall be sworn in so as to be eligible to serve as tellers; the Moderator shall then call upon the entire Town Meeting for volunteers and to serve as tellers and, thereupon, the Moderator shall then and there choose the number of tellers which he believes to be appropriate.

November 13, 1990 Amended November 12, 1996 — Unanimous

Section 15. Whenever a two-thirds vote is required by statute, such vote may be declared as such by the Moderator without a count and be recorded as such by the Clerk upon such declaration; provided, however, that seven (7) or more members of a town meeting may challenge such declaration, at which time a count shall be held.

November 9, 1998 — Unanimous Accepted by At y. General January 14, 1999

ARTICLE III Advisory Committee

Section 1. There shall be an Advisory Committee for the town who shall perform the duties set forth in the following sections of this article and be governed by the provisions thereof. Said committee shall consist of nine citizens of the town, which committee shall be appointed as provided in the following section, and no person holding an elective or appointive town office shall be eligible to serve on. said committee. Section 2. The members of the Advisory Committee as constituted at the time of the adoption of these By-laws, shall continue in office unal the respective terms for which they were appointed shall have expired; and within forty-five (45) days from the close or final adjournment of each Annual Town Meeting commencing on the first Monday in May, as set forth in Section 1.2 of Article I, the Moderator thereof shall appoint from the citizens of the Town, three (3) members to said Committee to serve for the term of three (3) years, with the expiration of said term(s) to occur at the close or final adjournment of the Annual Town Meeting. Should the Moderator fail to appoint members to said Committee as herein provided, said Committee shall proceed to fill the same be a majority vote thereof. Said Committee shall choose its own officers, and shall serve without pay, excepting, however, that the Secretary of said Committee may receive such compensation as the Town may by vote, provide. Said Committee shall cause to be kept a true record of its proceedings. Section 3. To this committee shall be referred all articles in any warrant for a town meeting hereafter issued. The Selectmen, after drawing any warrant for a town meeting, shall transmit immediately a copy thereof to each member of the Advisory Committee, and said committee shall consider all such articles. A public hearing may be held upon any article, unless a public hearing by some other tribunal is required by law, and a notice of such hearing shall be given by posting a copy thereof at the main entrance to the Town Hall. After due consideration of the subject matter in such article, said committee shall report thereon to the Town Meeting, in print or otherwise, such recommendations as it deems best for the interest of the Town, which may include a favorable recommendation, an unfavorable recommendation or no recommendation. Faihire to make a favorable or an unfavorable recommendation shall be tantamount to deferring the matter to Town Meeting. Upon reaching a decision for all Articles, the Committee shall report its decisions to the Moderator at least five (5) days prior to Town Meeting and shall report its decision to the Town Meeting.

Amended November 12, 1996 - Unanimous Section 4. It shall be the duty of the Advisory Committee to consider the annual estimates and expenditures as prepared by the town accountant, and add another column to his prepared statement, giving the amounts which in its opinion shall be appropriated for the ensuing year, and shall add thereto such explanation and suggestions in relation to the proposed appropriations as it may deem expedient, and report thereon as provided in Section 3.

Section 5. Whenever any vacancy shall occur in said Committee by resignation, removal from Town, death, failing to qualify or otherwise, said vacancy shall be filled by the Moderator, and if a member of said Committee is absent from five (5) consecutive meetings of said Committee, except in the case of illness, the Moderator shall consider his position vacant and proceed to fill the same. The terms of office of all persons chosen as aforesaid shall be for the unexpired term of each member whose office has been so vacated. If the Moderator fails to fill said vacancy within thirty (30) days from the day said office became vacant, said Committee shall fill the same by a majority vote of said Committee.

ARTICLE IV Accounting and Auditing

Section 1. The town accountant shall in his annual report, in addition to such matters as are required by law, furnish a condensed statement of the financial condition of the town and financial transactions for the year covered by such report. Section 2. The town accountant may, with the approval of the selectmen, by a writing deposited with the town treasurer, appoint an assistant, who shall, for such time not exceeding four weeks from the date of such appointment as shall be specified in the writing, perform the duties by law required of the accountant, and for his acts the accountant shall be responsible. Section 3. There shall be an annual audit of the Town's accounts under the supervision of the Director of Accounts in the Department of Corporations and Taxation, in accordance with the provisions of Section 35, Chapter 44, of the General Laws, or any acts in addition thereto or in amendment thereof.

ARTICLE V Selectmen Section 1. The selectmen shall have full authority as agents of the town, acting upon the advice of the town counsel, to settle any claims against the town which in their judgment cannot be successfully defended, when the sum to be paid does not exceed five hundred dollars, except as authorized by law, shall be made only when authorized by the voters at a town meeting. Section 2. The selectmen may appear in the interests of the town, either personally or by the town counsel or by special counsel, before any court, committee of the legislature or any state or county board or commission; they shall have full authority as agents of the town acting upon the advice of the town counsel, or special counsel, to institute and prosecute any and all necessary suits and proceedings in favor of the town, and to appear and defend any and all suits and legal proceedings against or involving the town's interests. Section 3. All conveyance of land or interests in land which may hereafter be authorized by a vote of the town, or otherwise, shall be signed by a majority of the board of selectmen, unless otherwise provided by law or by vote of the town, and shall be sealed with the town seal. Section 4. The selectmen shall make suitable regulations governing the police department and the officers thereof. Section 5. No person shall hold at one time the offices of Selectman and Assessor in the Town of Bridgewater. March 7, 1972

ARTICLE VI Town Counsel

Section 1. The Selectmen shall annually in the month of May, appoint a Town Counsel, who shall be an attorney and counselor at law and a resident of the County of Plymouth, and who shall hold office for the term of one year from the first day of June and until his successor is appointed and qualified. He shall receive such compensation as the selectmen may determine, subject to the appropriation of the Town thereof.

November 18, 1974 Section 2. The town counsel shall act as the legal advisor and counselor of the town. It shall be his duty to examine or cause to be examined all titles to property in which the town may acquire an interest, to draft all deeds, obligations, contracts, bonds, leases, conveyances, agreements and other legal instruments, of whatever nature, or any board or office, to which the town or its agents may be a party, and which by law, usage or agreement the town is to be at the expense of drawing. The selectmen may, however, in any case, at their discretion, employ additional or special counsel. Section 3. All articles in warrants for town meetings which contemplate the appropriation of money or the negotiation of town bonds or notes may be submitted to the town counsel for his examination and approval.

ARTICLE VII Town Clerk

Section 1. The town clerk shall, immediately after every town meeting, notify or cause to be notified, any person elected, chosen or appointed to any town office, or to serve upon any board or committee of the town, of his election, choice or appointment, and shall also furnish the various town officers, committees, boards or departments with a copy of all votes affecting their respective offices or departments.

Section 2. The town clerk shall keep and cause to be permanently bound one or more files of the town reports.

Section 3. He shall not allow original papers or documents of the town to be taken from his office, except as they remain in his custody, or by authority of law.

Section 4. He shall have stated hours for the transaction of business and give public notice thereof.

Section 5. That the town change the term of office for the Town Clerk from one year to three years, effective at the Annual Town Election to be held in April, 1976.

June 2, 1975

ARTICLE VIII Treasurer

Section 1. The treasurer be the custodian of all deeds, bonds and insurance policies belonging to the town except the bond of the treasurer shall be in the custody of the chairman of the Board of Selectmen.

Section 2. The treasurer shall make an annual report which shall contain a statement of the amount of money received and paid out by him during the year, a full exhibit of all monies, properties and securities which may be placed in his charge by virtue of any statute or by-law, or by virtue of any gift, devise, bequest or deposit; a list of all notes issued during the year, showing the purpose for which the money was borrowed, and giving the date, term, rate of interest, time of maturity, and the premium, if any, received thereon; a list of all notes paid during the year, and a list of all outstanding notes, with the dates on which they will mature. His report, however, need not contain such details as are required by law to be shown in the report of the town accountant.

Section 3. He shall have stated hours for the transaction of business, and shall give public notice thereof.

Section 4. The treasurer may, with the approval of the selectmen, sell at public auction or private sale, all or any of the Town's property acquired by virtue of sale or taking for non-payment of taxes, which titles have been confirmed by the Land Court or Commissioner of Corporation and Taxation and to give proper deeds thereto.

Section 5. The Collector of Taxes shall be the Town Collector, and as such shall collect all accounts due the Town, with the exception of income from investments of Trust and Special Funds. Bills shall be rendered primarily by the Departments with which such accounts originate and shall be payable to the Town. The Town Collector shall be furnished with a list of bills so rendered, showing date, name and address of debtor, for what due, and the amount and he shall then, in the name of the Town, employ all legal measures that may be necessary and proper for the collection of such accounts.

Section 6. All Town Officers shall pay all fees received by them by virtue of their office, into the Town Treasury.

A R T I C L E I X General Provisions Governing All Departments

Section 1. All officers, boards and committees shall notify the town clerk of their organization, and of their office hours or time of stated meetings.

Section 2. No board of committee or the town officers having the power or authority to appoint any town officer or agent shall appoint any member of such board or committee to any salaried office or position the salary of which is in excess of $200.00 per annum; but this shall not prohibit any town officer from being chairman or clerk of the board or committee of which he may be a member.

Section 3. No officer or board of the town shall make any contract on behalf of the town in which such officer or any member of such board is directly or indirectly financially interested, except competitive contracts.

Section 4. No contract, involving an obligation of the town, exceeding the sum of five hundred dollars shall be binding upon the town unless it is in writing and is signed by at least a majority of the board or committees duly authorized or having control of the appropriation against which such obligation is incurred; and such board or committee shall make a record of every such contract in a book which shall be the property of the town.

Section 5. No board or officer shall make any contract on behalf of the town, the execution of which shall necessarily extend beyond one year from the date thereof, unless specific authority to do so has been given by vote of the town.

Section 6. Every officer, board or committee of the town charged with the expenditure of money shall furnish the town accountant with a copy of all orders for the purchase of equipment, supplies or materials, and all requisitions for personal service—except services payment for which is to be made on the regular payroll of the department, board or committee contracting for the same—at the time such purchases or requisitions are made. Every officer, board or committee making or entering into any written contract shall file such contract with the town accountant before any payment is made thereon. Every board or committee shall at once furnish the town accountant with a copy of any vote of such board or committee involving the expenditure of money.

Section 7. Every officer or board of the town, at the time of rendering or transmitting any bill or demand for any money due or payable to the town, shall, at the time of rendering or transmitting any such bill, file a statement thereof with the town accountant; provided however, that the provisions of this section shall not apply to bills or demands for taxes or other municipal assessments.

Section 8. Any officer or board in charge of a department may, with the approval of the selectmen, sell any personal property or material lawfully in the custody of and belonging to such department, not required for its use and not exceeding two thousand dollars in value. No property of the town of value in excess of two hundred dollars shall be sold except at public auction after not less than seven days notice in one or more newspapers published in the town, or if no such paper is published, than in one or more newspapers published in the County of Plymouth.

Section 9. Every officer in charge of a department shall annually, or before the fifteenth day of January, transmit to the selectmen, in writing, a report containing a statement of the acts and doings of his department for the past financial year, to be printed in the annual report as the selectmen may deem expedient.

Section 10. That the Town change the term of office for the Tree Warden from one to three effective at the Annual Town Election to be held in April 1977.

May 12, 1976

ARTICLE X Streets and Sidewalks Section 1. No person, except drivers of ambulances or police vehicles, or members of the Fire Department responding to an alarm of fire, shall drive at a rate of speed not exceeding 30 miles per hour through any public way, street or avenue, in the thickly settled part of the Town.

Section 2. No person shall break or dig up any public sidewalk, street, or highway, or place thereon any staging or other temporary structure, without a written permit from the Board of Selectmen or the board having charge of the streets in such cases. Any alterations to drainage structures or to natural run-off on public or private property that effects Town property or the traveled way be resolved by the private party to the satisfaction of the Town Engineer and Highway Superintendent. Any person having such a permit shall, before the expiration of the same, restore such sidewalk, street or highway to its original condition or to a condition satisfactory to such Board. Any permit issued under the provisions of this section shall be in force for such time as the Board may specify and shall be subject to such other conditions as the Board may prescribe, and especially in every case upon condition that during the whole of every night from sunset to sunrise, lighted lanterns and proper barriers shall be so placed as to secure travelers from danger. No person having obtained such a permit shall fail to comply with the conditions thereof. The Board granting such permit shall have the right to revoke the same at any time, and may require a bond either before or after the commencement of work or during its progress, to secure its proper performance. Section 3. No person shall coast on or across any public sidewalk or street of the town, except at such time and in such places as may from time to time be designated by the Board of Selectmen.

Section 4. No person shall fire or discharge any gun, pistol or other firearms in or across any of the streets or public places within the town, but this section shall not apply to the use of such weapons in the lawful defense of one's person, family or property, or in performance of any duty required or authorized by law, nor upon such days as may be designated by the Board of Selectmen.

Section 5. No person shall throw or place or cause to be thrown or placed upon any public street or highway of the town, any nails, spikes, screws, glass, tin cans, or other similar articles.

Section 6. No person shall suffer a platform, or grate of an entrance or opening to a cellar or basement in any public street or sidewalk to rise above the surface of any such street or sidewalk, and every such entrance or opening shall at all times be covered by'a suitable covering. Such entrances or openings, when in use, shall be properly guarded.

Section 7. No person shall throw or place upon any public sidewalk or street crossing, any banana skin, orange skin or other slippery substance. No person shall drive, wheel or draw any vehicle except a child carriage pushed or drawn by hand, upon any sidewalk, not permit any horse or any cattle, swine or sheep under his care, to go upon or otherwise obstruct any sidewalk. This by-law does not affect the right of travel or entrance into a driveway.

Section 8. No owner or person having the care of a building, abutting upon any brick, concrete or other curbed or finished sidewalk, the roof of which building slants toward such sidewalk, shall permit such building to be without a bather, snow-guard or other device to prevent the falling of snow or ice from such roof to the sidewalk.

Section 9. Any person violating any of the provisions of this article shall be liable to a fine of not more than twenty dollars; unless otherwise especially provided herein.

Section 10. No person shall remove any soil, loam, sand, clay or gravel from any land in the town not in public use, unless such removal is authorized by a permit issued by the Selectmen, except in conjunction with construction of a building on the parcel and except for the continued operation on the same parcel of any existing sand, gravel or clay pit. No such permit shall be issued until an application therefor is filed with said Board. Said Board shall hold a public hearing on the application and notice of the filing of such an application and the date and time or the public hearing thereon shall be advertised in a paper published in the county seven days at least before the public hearing.

Section 11. Whenever for the purpose of removing or plowing snow or removing ice from any way, it becomes necessary to remove or cause to be removed, to some convenient place, including in such term a public garage, any vehicle interfering with such work, the superintendent of streets, or other officer having charge of ways, or duly authorized police officer, is hereby authorized to remove, or cause to be removed, the said vehicle and liability for the cost of such removal, and of the storage charges, if any resulting therefrom, shall be imposed upon the owner of such vehicle. The Town is not responsible for damage incurred to mail boxes, fences, trees, shrubs and/or other obstruction located within the Town layout, resulting from snow removal.

March 12, 1976 Amended - Special Town Meeting, January 28, 1997

Section 12. No person shall pump water or other liquids onto any sidewalk, street or public way during the months of November to April so as to create a dangerous condition or Town property damage, unless the Board of Selectmen grants a permit for an emergency.

March 12, 1976

Section 13. No person shall remove snow or ice from any private property or from Town property including sidewalks, driveways or driveway aprons and place said snow or ice so as to block a sidewalk or a Town way or create a dangerous condition.

May 3, 1988

Section 14. Any person who removes or defaces a sign or marker that has been placed along a public or private way by or at the request of a municipal or public agency, or any person who is found in the possession of the same, shall be fined $100.00 or the replacement cost of the sign, whichever is greater.

November 9, 1992

ARTICLE XI Disorderly Behavior

Section 1. No person shall behave himself in a rude or disorderly manner, nor use any indecent, profane or insulting language, in any public way or place in the town.

Section 2. No person shall bathe in any water of this town, in a state of nudity, in places exposed to public view, or in immediate sight of the occupants of any dwelling.

Section 3. No person shall throw balls, snowballs, or other missiles nor unnecessarily make any alarming or tumultuous noise, not make or light bonfires, or other fires, not ride upon the hind part of any vehicles without leave, not play at football or other games in any street, public way or square of this town.

Section 4. No person shall loiter or continue to stand on any sidewalk or public place in the town as to obstruct the passage of or to impede or in any matter annoy other persons; nor shall any person in a street or way stand or loiter after being directed by a police officer to move on.

Section 5. No person shall extinguish any street light, or extinguish or remove any light placed to warn the public against an obstruction or a defect in any street or way, without such person being authorized by those having charge of such lights, or of the street or way, so to do. 11

Section 6. Whoever, being a member of an assembly of three or more persons is, by using obscene or profane speech disturbing the peace, or who is obstructing and interfering with the free passage of foot traffic and who fails to disperse after having been ordered to do so by a police officer, shall be fined not more than twenty-five dollars ($25.00). Section 7. No person shall drink alcoholic beverages as defined in Chapter 138 Section I of the General Laws while on, or upon any public way or upon any way to which the public has a right or access or any place to which members of the public have access as invitees or licensees, park or playground or private land or place without the consent of owner of person in control thereof. All alcoholic beverages being used in violation of this ordinance shall be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned before the Court. Whoever violates any provisions of this by-law shall be liable to a penalty of not more than $50.00 for each violation.

November 18, 1974

Section 8. The Selectmen may order any dog muzzled or restrained from running at large when such dog is deemed, because of its disposition or excessive barking, to be a danger to persons or property or an annoyance to persons. Service of such order is to be made on the owner or keeper of the dog by causing a certified copy thereof to be delivered to him. Any person aggrieved by such order shall be granted, upon request, a hearing before the Selectmen who shall, after such hearing, affirm, modify, or vacate such order. If, after the service of such order, such owner or keeper fails to muzzle or restrain such dog as so required, he shall be punished by a fine of not more than ten ($10.00) dollars.

November 18, 1976

ARTICLE XII Collector of and Dealers in Junk and Keepers of Junk Shops Section 1. The Selectmen may license suitable persons to be collectors of, dealers in or keepers of shops for the purchase, sale or barter of junk, old metals, or second-hand articles, and no such person shall be a dealer in or keeper of a shop as aforesaid without a license. Section 2. The Selectmen may require that any place, vehicle or receptacle used for the collecting or keeping of the articles aforesaid, may be examined at all times by the Selectmen or by any person by them authorized to make such examination. Section 3. No person licensed as a junk collector shall, directly or indirectly either purchase or receive by way or barter or exchange any of the articles aforesaid, except rags or bottles, of a minor or apprentice, knowing or having reason to believe him to be such.

ARTICLE XIII Pawn Brokers

Section 1. The Board of Selectmen may license suitable persons to carry on the business of pawnbroker.

ARTICLE XIV Parades and Public Gatherings

Section 1. No person shall form or conduct any parade in any public street, public sidewalk or public way within the town, or form or conduct for the purpose of display or demonstration, any procession or assembly of people, except a military funeral or funeral parade or procession, within such public street, sidewalk or way, without first obtaining a written permit from the Chief of Police; and no person shall take part in any such parade, procession or assembly which is not authorized by such a permit. Section 2. No person shall give any public address, speech or harangue in any public street, public square or public park within the town, without a written permit from the Chief of Police. Section 3. Any person violating any of the provisions of this article shall be punished by a fine of not more than twenty dollars.

ARTICLE XV Penalty

Section 1. Whoever violates any of the provisions of these by-laws, unless otherwise specifically provided therein, or otherwise provided by law, shall be punished, with a fine of not more than twenty dollars.

ARTICLE XVI Repeal

Section 1. All by-laws or parts of the by-laws theretofore adopted, which are inconsistent with the provisions of the foregoing by-laws, so far as they are the same as the provisions of by-laws heretofore adopted, shall be construed as a continuation of said by-laws and not as new enactments. Section 2. The repeal of a by-law heretofore adopted shall not affect any act done, ratified or confirmed, or any right accrued or established, nor any action, suit or proceeding commended or had, nor affect any punishment, penalty or forfeiture incurred under such by-law.

ARTICLE XVII Establishing a Planning Board for the Town of Bridgewater

Section 1. A board of 5 members is hereby created and established, to be known as the Planning Board.

Section 1A. At the Annual Meeting of the Town to be held in the month of March 1930, there shall be elected two members to serve for one year, two members to serve for two years, and two members to serve for three years, and thereafter there shall be elected at the Annual Town Meeting each year, two members of such Board to serve for the term of five years.

Section 2. Vacancies otherwise occurring in the Board shall be filled as provided in General Laws Chapter 41 Section 11.

Section 3. The duties of such board shall be such as are stated in Chapter 41 Section 70-72 of the General Laws, and further consider and advise upon municipal improvements either at the request of other officials of the Town or upon its own initiative. It shall consider and develop a town plan, with special attention to main ways, land developments, zoning, playgrounds and parks and sites for permanent school plants. The Board shall meet at regular intervals. It may hold public meetings. It shall at all times have access to public documents or information in the possession of any town official or department. It shall examine the plans for the exterior of any public building, monument or similar feature, and for the development and treatment of the grounds about the same before the adoption thereof, and may make such recommendations thereon as it may deem needful. It may provide for public lectures and other educational work in connection with its recommendations. March 12, 1927

BOATING REGULATIONS FOR LAKE NIPPENICKET Voted at Annual Town Meeting, March 3, 1970 — Article 31 1. Speed limit of 25 miles per hour. 2. All Massachusetts Boating Laws in effect at all times, as Lake Nippenicket is a Great Pond as established by the Commonwealth of Massachusetts. 3. Upon entry, a boat must proceed at a speed "not over" six (6) miles per hour headway speed for the first one hundred and fifty feet (150) at a 90 degree angle from the shore. 4. That a map and pertinent information be posted at the boat-landing and to convey specified areas deemed dangerous to water skiing and motor boating in general. The map and information would be donated by the Nippenicket Sportman's Association.

CONTINUED RULES AND REGULATIONS BOAT LAUNCHING FACILITIES AND LAND UNDER THE CONTROL OF THE TOWN OF BRIDGEWATER, LAKE NIPPENICKET

1. No person shall build or maintain an open fire for any purpose. 2. No person shall remove, destroy, or deface any vegetation, sign, poster, building or other property. 3. Parking areas are for the sole use of motor vehicles parking in conjunction with the intended use of the area. Parking shall be only in a manner indicated by the striping pattern of the parking area. The conduct of any other activities in the parking area is prohibited. 4. Water skiing activities shall not be initiated or terminated at any boat launching ramp. 5. At no time shall a person deposit or leave any refuse on land under the control of the Town of Bridgewater. The deposit of sanitary wastes is also strictly prohibited. 6. Disorderly conduct, gambling, drinking of alcoholic beverages, use of illegal drugs, obscene or indecent language or behavior is prohibited. 7. Violation of any of these Rules and Regulations may be punishable by a fine of not more than fifty ($50.00) dollars for each offense (as defined in Chapter 138, Section 1). 8. The enforcing officers of this by-law shall be the Board of Selectmen. Nothing in this by-law shall limit the Selectmen in respect to enforcement of premises herein and furthermore, that the applicable provisions of Chapter 131, Section 45, shall be incorporated and accepted within this by-law. Voted Article 25 —June 13, 1983

MOTOR BOATS AND PERSONAL WATERCRAFT (Voted May 8, 2007 & Adopted by A.G. Sept. 12, 2007)

1. No person shall throw, drop, or otherwise place in the water or on the shore of any of the inland waters within the Town of Bridgewater any paper, rubbish, glass or refuse.

2. All boats and watercraft shall be registered in accordance with state law which calls for, but is not limited to, bold contrasting numbers 3” high and read from left to right on both sides of the hull.

3. Power boats shall not be operated on any inland waters within the Town of Bridgewater at a speed exceeding 25 MPH after 7:00 p.m. or one half hour after sunset, whichever is earlier, or before 8:00 a.m.

4. Power boats shall not be operated at greater than headway speed within 150 feet of the shoreline used as swimming areas and operation only at headway speed from 150 feet to 300 feet of the shoreline.

5. Power boats shall not be operated on any inland waters within the Town of Bridgewater within 150 feet of any shore line at speeds in excess of headway speed.

6. All boats operated after one half hour after sunset and before one half hour before sunrise must be equipped with a light, which complies with state law.

7. A power boat is defined, for the purposes of these regulations, as any boat powered by an internal combustion engine permanently or temporarily affixed to said boat.

8. Power boats must at all times be operated at a reasonable and proper speed and manner, having regard for the safety of the public. Any person violating any of the above rules shall, for each offense, be punished by a fine.

9. The operation of personal watercraft in or upon Lake Nippenicket shall be permitted only between the hours of 8:00 a.m. and 6:00 p.m. Monday through Sunday. At all other times such craft shall be prohibited. The term “personal watercraft” is defined as a small vessel which uses and inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by persons sitting, standing or kneeling on the vessel; the term includes but is not limited to, a jet ski, wet bike or surf jet, so-called. Violation of this by-law shall be punishable by a fine of one hundred dollars ($100.00) for each offense.

10. All operators are expected to abide by all state and federal laws whether incorporated into by these by-laws or not.

Article 24. It was voted that the Town amend the Town By-Laws by adding as follows:

REGULATION OF SMOKING AT PUBLIC MEETINGS 1. To prohibit smoking at any public meeting or a governmental body as defined in Section 23A of Chapter 19 of the General Laws in the Town of Bridgewater except as designated by the person in charge of such meeting. 2. As used in this Law, "Smoking" means the lighting or having in one's possession any lighted cigar, cigarette, pipe or other tobacco product. 3. Any person who smokes in violation of paragraph 1 of this law shall be considered to be engaged in disorderly behavior as referred to in Section 23C of Chapter 39 of the General Laws 4. The person in charge of such public meeting as described in paragraph I of this law, shall ensure that at least one (1) "No Smoking" area is designated and one (1) "Smoking" area is designated and that a "No Smoking" sign and "Smoking" sign is conspicuously posted.

Article 25. It was voted that the Town amend the Town By-law by adding as follows:

ARTICLE XIX Building Inspector

Section 1. No building permit shall be issued for a dwelling on a building lot until the owner or his/its representative submits a plan by a registered surveyor showing lot lines defined by "iron pipes, cement and/or stone bounds". February 19, 1980

Section 2. In connection with construction on a parcel of land facing an accepted town way, no person shall break or dig up any public sidewalk, street, or highway without written permit from the Highway Superintendent. The Building Inspector shall not issue an occupancy permit for any new building until the affected sections of sidewalk and/or street have been restored to the satisfaction of the Highway Superintendent and Town Engineer.

Section 3. Said resolution shall be in writing and signed by the Town Engineer and Highway Superintendent prior to the issuance of a Building Permit. In addition thereto, the driveway location must be approved in writing by the Highway Superintendent prior to the issuance of a Building Permit.

November 17, 1986

Section 4. Prior to the issuance of a building permit, the Town shall have the option or requiring the owner of said lot to post a bond with the town, not to exceed two thousand ($2,000.00) dollars. The bond amount shall be determined by the Building Inspector and Highway Superintendent and shall be for the sole purpose of restoring any damage to the road lay-out coincidental to or as a result of construction on said lot. Upon completion of final grading and landscaping of the lot, said bond and any earned interest shall be returned to the owner, minus any amount determined necessary by the Building Inspector and Highway Superintendent to restore any damages not restored by the lot owner to said road lay-out

June 24, 1991

Section 5. No person shall occupy a building in which a Certificate of Occupancy is required under 780 CMR Section 119.0 until the Certificate of Occupancy is issued. Any person who is found in violation shall be fined $100.00. Each day a person is found in violation shall constitute a separate offense. The Building Inspector is charged with enforcing this By-law. As an alternative to initiating criminal proceedings, the Building Inspector may enforce this By-law through the noncriminal disposition process provided in M.G.L. Chapter 40, Section 21D.

November 2, 1992

ARTICLE XX Water Department

Section 1. Use of Water No person shall without permission of the Commissioners of the Water Department of the Town of Bridgewater, make an opening in or connection with, or turn off or draw off water from, a water pipe, stand pipe, well or reservoir owned by the Town, or in accordance with a written permit from the Commissioners in case of fire in the neighborhood, allowing water to be taken from the premises, or use the water for any purpose other than that for which he pays; or unscrew or opei a hydrant attached to the water pipes of the Town; or, excepted in accordance with the regulations of the Commissioners discharge water through a hand held hose; nor shall any person interfere with the registering apparatus of water meter put in by the Town or damage or injure such meter. Violations hereof upon conviction may be punished by a fine not exceeding two hundred ($200.00) dollars. Section 2. Water Systems, Malicious Interference With If any person or persons shall wantonly, maliciously, intentionally or negligently divert the water, or any part thereof, of any of the water source or sources, used by the Town of Bridgewater for water supply purposes, or shall corrupt the same or render it impure, or destroy or injure any dam, aqueduct, well, stand pipe, conduit, hydrant, machinery or other property held, owned or used by the said Town, every such person or persons shall forfeit and pay to the Town, three times the amount of the damages that shall be assessed therefore, to be recovered by any proper action. And every such person may, on complaint and conviction of either of the wanton and malicious, negligent or intentional acts aforesaid, be punished by a fine, not exceeding two hundred ($200.00) dollars.

Unanimous Amendment - Any other Town department is excluded from Section 1 and 2 in the ordinary course of their duties upon a phone call notice to the Water Department officers,

March 1981

ARTICLE XXI Dog Leash Law

Section 1. No dog shall be upon the lands or ways of the Town unless such dog be secured by a suitable leash or lead one end of which shall be secured in a manner as to restrain the animal, the other end of which shall be held by the owner or keeper of such dog, or such other persons as may be authorized thereby; nor shall any owner or keeper of a dog permit such dog to be upon the land of anyone other

16 than such owner or keeper unless such dog be restrained as herein before described, except by the express permission of the owner or person in possession of such land. Section 2. Any dog upon the land or way of the Town, or upon such private land except under the conditions provided in Section 1 shall be subject to apprehension and confinement by the Town Dog Officer. Section 3. Such dogs as may be confined under the provisions of Section 2 of this Article shall be returned to the owner or keeper thereof upon payment to the Dog Officer of an allowance of ten dollars per day for the care of such dog. The Dog Officer, upon taking such dog into custody, shall, as soon as practicable thereafter, identify the owner or keeper thereof, and, if practical advise such owner or keeper by telephone communication of the whereabouts of the dog and the provisions for return of such dog. Notwithstanding such telephone notice the Dog Officer shall within forty-eight hours of identification, notify the owner or keeper of such dog and the provisions for return of such dog to such owner or keeper.

Section 4. Should the Dog Officer be unable after reasonable investigation to determine the identity of such owner or keeper within ten days of apprehension, or if the owner or keeper of such dog shall fail to claim such dog and pay such charges as may be due for care of such dog within five days of the mailing of required notice, Sundays and holidays excluded, such dog shall be disposed of by the dog Officer in such manner as provided by M.G.L. Chapter 140, Section 151A.

Section 5. Penalties for violation of this by-law are $25.00 for first offense; second violation within six months, $35.00; third or more violation within six months of first violation, $50.00. Any violation which results in personal injury or property damage in excess of twenty-five dollars, a $50.00 fine.

Section 6. Any owner or keeper aggrieved by a penalty established by the Dog Officer shall have a right to appeal to the Board of Selectmen which is hereby authorized to sustain, modify or vacate the determination of penalty by the Dog Officer. Any sums paid by such owner or keeper by which the original determination is modified or vacated shall be refunded to the payer thereof. Such appeals shall be made in writing and delivered to the Town Clerk within fifteen days of delivery of the original notification of penalty. Any such appeal shall be heard by the Board of Selectmen within thirty days of receipt thereof by the Town Clerk, Notice of the time and place of such hearing shall be given in writing by first class mail, addressed to the appellant at the address provided in such appeal, posted not less than seven days before said hearing. Such funds as may be collected by the Dog Officer in the enforcement of this By-law shall be delivered to the Town Treasurer as soon as practicable after receipt thereof.

Section 7. These penalties are provided for in addition to those provided for under M.G.L. Chapter 140, Section 173A. This article shall be enforceable by the original acceptance.

Section 8. If the Dog Officer determines that a dog is in its oestrus cycle or "in heat", is attracting other dogs and such attraction is causing damage or disturbance to any neighborhood, the Dog Officer shall order in writing the owner or keeper of such dog to confine the dog for the duration of its oestrus cycle. If the Dog Officer determines that such owner or keeper is not complying with such order, the Dog Officer shall impound said dog for the duration of its oestrus cycle at the expense of the owner or keeper. Unanimous

Section 9. The owner or keeper of a dog kept within the Town shall cause that dog to be initially licensed when it attains the age of six (6) months and annually thereafter. The licensing period shall be July 1 — June 30. The Town Clerk shall issue dog licenses and tags on a form prescribed by the Clerk. The Town Clerk shall not issue a license unless a Veterinarians Certification, complying with the General Laws, Chapter 140, Section 145A, setting forth that such dog has been vaccinated against rabies has been presented. Whoever violates the provisions of this Section shall forfeit fifty dollars ($50.00), which shall be paid to the Town. Violators may be penalized by a noncriminal disposition as provided in General Laws, Chapter 40, Section 21D. (Amended 11/14/2005 under Article 3 and Adopted 12/29/05)

ARTICLE_XII______

VEHICLE PARKED OR INTERFERING WITH FIRE LANES______Any vehicle in a duly established fire lane either parked or interfering with the travel of an emergency vehicle in such fire lane may be removed by or under the directions of the Police Chief or his designated representative to a public garage or any convenient place within the Town of Bridgewater. The Police Chief or his representative shall give notice to the registered owner of the vehicle of the location of the owner's vehicle. The owner, before being permitted to remove the vehicle, shall establish his/her right so to do and pay to the keeper of the place of storage the fee for removal and storage resulting therefrom as promulgated from time to time by the Board of Selectmen.

ARTICLE XXIII Parking of Unregistered Vehicles

Section 1. The owner or person in control of any private property shall not suffer or allow the parking or maintenance of more than two unregistered vehicles in the open, on any premises, or lot or parcel of land in any Residential Zoned District in the Town of Bridgewater.

Section 2. This By-law shall be enforced by the Police Department under the direction of the Chief of Police.

Section 3. Any person violating any of the provisions of this Article shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding fifty ($50.00) dollars. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. November 14, 1983

Electronic Burglar or Emergency Alarms

Section 1. Any electronic alarm systems in any manner connected to the Police Department telephone system may be so connected only on telephone lines designated in writing to each applicant by the Police Chief.

Section 2. Each person or entity causing an Electronic Alarm System connected to the Police Department to be installed must first apply to the Police Department on forms provided by the Department and secure written approval therefor. There shall be a fee of $5.00 paid to the Town of Bridgewater upon such application and a further fee of $5.00 per annum thereafter.

Section 3. Each Burglar or Emergency Alarm Company installing electronic alarms within the Town of Bridgewater to be connected with the Police Department shall pay to the Town of Bridgewater a fee of $50.00 therefor.

Amendment - Each burglar or emergency alarm company installing electronic alarm equipment within the Bridgewater Police Department connecting outside firms and or accounts to the Police Department shall pay to the Town of Bridgewater a fee of $50.00 therefor.

Unanimous

ARTICLE XXIV Regulating Handicapped Parking

1 (a) 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, residential dwellings, or, for any other place where the public has a right of access as invitees or licensees, shall reserve parking spaces in said off-street parking areas for any vehicle owned and operated by a disabled veteran or handicapped person whose vehicle bears the distinguishing license plate authorized by Section 2 of Chapter 94, according to the following formula:

If the number of parking spaces in any such off-street parking area is more than fifteen (15) but not more than twenty-five (25), one (1) parking space; more than twenty-five (25) but not more than forty (40), five (5%) per cent of such spaces but not less than two (2); more than forty (40) but not more than one hundred (100), four (4%) percent of such spaces but not less than three (3); more than one hundred (100) but not more than two hundred (200), three (3%) percent of such spaces but not less than four (4); more than two hundred (200) but not more than five hundred (500), two (2%) percent of such spaces but not less than six (6); more than five hundred (500) but not more than one thousand (1000), one and one-half (1 1/2%) percent of such spaces but not less than ten (10); more than one thousand (1000) but not more than two thousand (2000), one (1%) per cent of such spaces but not less than fifteen (15); more than two thousand (2000) but less than five thousand (5000), three-fourths of one percent (3/4 of 1%) of such spaces but not less than twenty (20); and more than five thousand (5000), one-half of one percent (1/2 of 1%) of such spaces but not less than thirty (30).

The number and location of handicapped parking areas to be located on public way shall be as designated by the Board of Selectmen and approved by the Department of Public Works. (b) Parking spaces designated as reserved under the provisions of paragraph (a) shall be identified by the use of above grade signs with white lettering against a blue background and shall bear the words "Handi capped Parking: Special Plate Required. Unauthorized Vehicles May Be Removed at Owner's Expense"; shall be as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person; and shall be twelve (12) feet wide or two (2) eight-foot wide areas with four (4) feet or cross-hatch between them. (c) The leaving of unauthorized vehicles within parking spaces designated for use by disabled veterans or handicapped persons as authorized by paragraph 1 (a), or in such manner as to obstruct a curb ramp designed for use by handicapped persons as a means of egress to a street or public way shall be prohibited.

(d) The penalty for violation of this By-law shall be as follows: For the first offense, Twenty-five ($25.00) Dollars; for the second and each subsequent, Fifty ($50.00) Dollars and, in addition thereto, the vehicle may be removed according to the provisions of Mass General Laws, Chapter 266, as amended.

May 14, 1984 - Town Meeting

ARTICLE XXV Storage of New or Used Rubber Tires, Tire Casings, Tire Tubes, Rubber Scraps, and/or Other by-Products of Rubber Tires

Section 1. The storage site shall be reasonably level, solid ground, preferably surfaced with fine gravel. Refuse or filled land, swampy ground, or areas where the hazard of underground fire exits shall not be used as a storage area. All weather roadways, alleyways and fire lanes capable of supporting fire department apparatus shall be provided to any buildings located therein and throughout the storage yard from Town ways.

All sides of storage pile shall be accessible by means of alleyways and fire lanes. An alleyway shall have a width of one and one- half times pile height, but not less that twenty (20) feet, with fire lanes between alternate rows of two pile groups, providing a clear space of at least one hundred (100) feet. Each pile shall not exceed one hundred twenty-five (125) feet in length, twenty-five (25) feet in width, nor fifteen (15) feet in height. Fire lanes shall be provided for access across each end and shall provide a clear space of at least one hundred (100) feet to adjacent pile rows, or other exposed property. Where practical, greater widths are desirable to minimize the effects of radiated heat, particularly in high-piled yards. Fire lanes shall be kept unobstructed at all times to permit the maneuvering of fire suppression equipment and other emergency vehicles.

For basic fire protection, a water supply should be provided where practical. The water supply should be large enough to provide 1000 G.P.M. for a period of two (2) hours, and shall be accessible to fire apparatus as directed by fire department personnel.

Section 2. The entire yard should be sprayed as often as needed with a satisfactory herbicide, or the ground sterilized or grubbed out, to prevent the growth of weeds, grass and similar vegetation. Dead vegetation shall be removed. Weed burners shall not be used.

Good housekeeping shall be maintained at all times, including regular and frequent cleaning of materials handling equipment. Section 3. Smoking shall be prohibited in tire storage yards. No smoking signs shall be posted in tire storage yards. Section 4. Access into yard areas by unauthorized persons shall be prohibited. Storage areas shall be enclosed with a suitable fence equipped with proper gates located to permit entry of fire department and other emergency apparatus. Section 5. Miscellaneous occupancy hazards, such as vehicle storage and repair shops, cutting and welding operations, flammable liquid storage, liquefied petroleum gas storage and similar operations shall be safeguarded in accordance with NFPA standards.

Vehicles and other power devices should be of an approved type set forth in standards for powered industrial trucks, NFPA 505, and be safely maintained and operated. Vehicle fueling operations shall be conducted in specified safe locations isolated from storage areas and principal operating buildings.

All electrical equipment and installation shall conform to the provisions of the National Electrical Code NFPA, 70. No cutting, welding or other use of open flames or spark producing equipment shall be permitted in storage areas. The owner of the storage yard shall be responsible for the hiring of any heavy equipment to aid in the extinguishing of a fire should it be deemed necessary by fire department personnel or to take any other action relative thereto. Accepted November 13, 1984

ARTICLE XXVI Absences

Section 1. Three consecutive absences of any member of an appointed board, council, or committee, except the Advisory Board, at duly called meetings shall constitute a vacancy. The Chairman of any appointed agency shall notify the Town Clerk, in writing, within seven (7) days of any vacancy occurring in such agency. The vacancy shall be filled within fourteen (14) days of such notification by the original appointing authority. Such appointments shall be for the unexpired term of the member being replaced. The Advisory Committee shall be excluded hereunder as per Article 111, Section 5 of the Town By-laws.

ARTICLE XXVII Earth Removal The removal, commercial or otherwise, of earth from any premises, shall be prohibited except when incidental to and in connection with the construction of a building or street. Definitions: (1) "Earth" shall include soil, sand, clay, gravel and rock. (2) "Board" shall mean the Board of Selectmen or any legally authorized representative thereof. Procedures: All applications for permits shall be accompanied by exhibits and documentation deemed necessary by the Board for the proper issuance of a permit, which may include but are not limited to the following: The application shall include the following specific information and supporting documentation: (a) The location of the proposed excavation. (b) The legal name and address Of the owner of the property involved. (c) The legal name and address of the petitioner. (d) Names and addresses of all abutting property owners including those across any streets. (e) Plan of land involved prepared by a registered land surveyor or professional engineer, showing All man-made features, property lines, vegetative cover, and the topography by five foot contours 100' beyond the limits of the property where the proposed excavation is to take place. (f) A plan of land showing five foot contours of the site after the proposed completion of excavation. (g) Estimated quantity of material to be removed and topsoil to be replaced, to be calculated by a registered land surveyor or professional engineer. (h) A proposed form of bond to be used which must be approved as to form, style and substance by the Board.

The permit issued by the Board shall state all the conditions imposed, including but not limited to: (a) The finished level and grading (no slope to exceed a grade of two feet horizontal distance and one foot vertically). (b) No excavation below the natural grade of any boundary line shall be permitted closer than fifty feet to such boundary. Boundaries of the property and the proposed excavation shall be set on the ground. (c) The placing of topsoil to a depth of not less than six inches, seeding, and planting necessary to restore the area. (d) The applicant agrees by acceptance of the permit to allow the Board access to the property to conduct inspections to determine compliance with the conditions of the permit. (e) The duration of the removal operation (renewable• annually with a hearing). (f) The construction of necessary fencing and other protections against nuisances may be required. (g) Method of removal. (h) Temporary structures. (i) Hours of operation. (j) Routes of transportation of material. (k) Control of temporary and permanent drainage. (1) Disposition of boulders, tree stumps and other waste material. (m)Vegetation to remain as visual barrier. (n) Posting of security or bond. Any permit issued by the Board shall automatically expire upon the termination date stated therein. A special permit for any earth removal shall not be issued for more than one year's duration and may be renewed thereafter only after a public hearing legally advertised 14 days prior to the hearing at the expense of the applicant. No permit for earth removal shall be issued if such removal will: (1) endanger the general health or safety or constitute a nuisance; (2) result in detriment to the normal use of adjacent property by reason of noise, dust or vibration.

No permit for earth removal shall be approved by the Board if the work extends within 300 feet of a way open to public use, whether public or private, nor will a permit be issued if there is an insufficient vegetative barrier to remain on the property upon completion of the project to prevent view of this project from a way.

The Board of Selectmen shall not issue an Earth Removal Permit until a public hearing has been held upon the application for a permit to remove earth materials. Within thirty (30) days after the receipt of any such application the Selectmen shall cause a notice of the time and the place of such hearing thereof and of the subject matter sufficient for an identification to be published in a newspaper of general circulation in the town at least once, the first publication to be not less than fourteen (14) days before the day 21 of such hearing and also send notice by mail, postage prepaid, to the abutters of said property and owners of land across the way where the permit is intended to be exercised at the expense of the applicant.

A permit shall not be required when the earth removal is incidental to and in conjunction with the permitted construction of a building or street. (Amended Special Town Meeting, June 21, 1999 — Unanimous vote)

Validity: The invalidity of any section or provisions of this By-law shall not invalidate any other section or provisions thereof.

Penalty: Penalties shall be in accordance with Chapter 40, Section 21, Paragraph 17, as amended. The Board may revoke or suspend the permit of any person, firm or corporation holding a permit under this by-law if such person, etc., violates, disobeys, or fails to comply with any of the provisions of this by-law.

ARTICLE XXVIII Historic Commission and Historic District In accordance with the provisions of Chapter 40C of the Massachusetts General Law as hereafter limited to a Historic District Commission is to be established and the Center Historic District is also to be established. Section 1. Amended Bounds 1. Beginning with open lot at junction of Main Street and Central Square all properties on west side of Central Square. 2. On west side of South Street properties to the south side of Church Street to and including old library. 3. The Academy Building at south end of Central Square located between South and Bedford Streets. 4. New Jerusalem Church located at junction of Bedford and School Streets. 5. All properties on east side of Central Square between School and Summer Street. 6. Properties on. North of Central Square currently occupied by Rico's Market and Plymouth Home National Bank. 7. Property at North side of junction of Main and Broad Streets known as the Saccocia Block. 8. Beginning at the easterly side of Central Square proceeding in a southerly direction on Summer Street to include those two (2) parcels known as The Colonel Abram Washburn House, 9 Summer Street and the Nahum Stetson House, 19 Summer Street together with any and all righs of way extending therefrom to School Street.

The following properties not on principle streets but having limited access: plot 207, north of Summer Street behind plot 274. plot 219, north of Summer Street behind plots 218 and 220. plot 62, west of Central Square, behind plots 61, 63, 64. plot 68, west of Central Square, behind plot 69. plot 86, west of South Street, accessed by Library Place. plots 12, 13, 15, 16, west of South Street, accessed by Porter Place. NOTE: Plot numbers above are those found on Town Assessor's Map 34.

Section 2. The District Commission: The Historic Commission is hereby established to administer said District, the same to consist of seven members appointed by the Board of Selectmen. (a) At least one resident of or owner of property- in the District (b) At least one member from two nominees submitted by the Bridgewater Historical Society; (c) At least one member from two nominees submitted by the local board of realtors; (d) At least one member from two nominees submitted by the Chapter of the American Institute of Architects covering Bridgewater.

If within thirty days after submission of a written request for nominations to any of the organizations above-named, no such nominations have been made to the Board of Selectmen, said Board may proceed to make appointments without nominations from such organizations.

Section 3. Term of Office: Each member of the commission shall be appointed for a term of three years, and until his successor is appointed and qualified, except that the first time such appointments are made, they shall be as follows: Two members for one year terms;

two members for two year terms; and three members for three year terms. A vacancy shall be filled in the same manner as the original appointment, for the remainder of the unexpired term.

Section 4. Officers: The Commission shall annually elect from its membership a chairman and vice-chairman and, from within or without its membership, a secretary.

Section 5. Powers of the Commission: No building or structure within the District shall be removed, constructed or altered in any way that affects the exterior architectural features unless the Commission shall first have issued a certificate of appropriateness, non-applicability or hardship with respect to such removal, construction or alteration.

Any person who desires to obtain any one such certificate shall file with the Commission an application therefore in such form as the Commission may reasonably determine, together with such plan, elevations, material or other information (including, in the case of demolition or removal, a statement of the proposed condition of the property thereafter) as may be reasonably deemed necessary by the Commission to enable it to make a determination on the application.

No permit for the construction of a building or structure or for alteration of an exterior architectural feature within the District and no permit for the demolition or removal of a building or structure within the Distdct shall be issued by any officer or department of the Town until the certificate required by this section has been issued by the Commission. Section 6. Factors to be Considered by the Commission: In passing upon matters before it, the Commission shall consider among other things, the historic and architectural value and significance of the site, building or structure, the general design, arrangement, texture, material and color of the features involved, and the relation of such features to similar features of buildings and structures in the surrounding area. The Commission shall not consider interior arrangements or architectural features not subject to public view.

Section 7. Notwithstanding anything to the contrary contained herein or in any statute of the Commonwealth of Massachusetts no authority is hereby granted to restrict or otherwise impair requirements for construction or lot placement more stringent than those required by zoning by-law or other by-laws of the Town of Bridgewater. Section 8. This by-law may be amended from time to time by a vote of two-thirds (2/3) of the members of a Special or Annual Town Meeting. Section 9. Limitations On Authority of Commission: Except to the extent specifically prohibited by General Laws, Chapter 40C, the authority of the Commission shall be limited in that: It shall not have the power to review the following: (a) Terraces, walks, driveways, sidewalks and other similar structures, any and all of them, provided that the structure is at grade level. (A change of grade level required Historic District Commission review.) (b) Storm doors and windows, screen doors and windows, window air conditioners, lighting fixtures, and ordinary television and radio VHF, UHF and FM antenna, but will review large scale C.B., Ham Radio, or Satellite Dish antenna. (c) Color of paint. Provided that the colors are appropriate for the building's historic period or architectural style. (d) Signs used for residential occupation or professional purposes which are not more that one foot square in area, provided that: (1) Only one sign is displayed for each building or structure. (2) The sign consists of letters painted on solid material without a symbol or trademark; and (3) If illuminated, is illuminated only indirectly. (4) Sign use in connection with non-residential purpose, which are not more than twelve feet in area, provided that:  only one sign is displayed for each building or structure  the sign consists of letters painted on solid material without a symbol or trademark; and  if illuminated, is illuminated only indirectly. Reconstruction of a building, structure or architectural feature which has been damaged or destroyed by fire, storm, or other disaster, provided that: (1) The exterior design is substantially similar to the original. (2) The reconstruction is begun within one year after the damage occurred and is carried on with "due diligence".

Section 10. Miscellaneous: The members of the Commission shall serve without compensation. Except to the extent specifically provided in this by-law, the definition of terms and the powers and rules of conduct of the Commission shall be as set forth in the General Laws, Chapter 40C. In the event that any section, paragraph or part of this by-law is declared invalid by the Attorney General or a court of competent jurisdiction, every other section, paragraph and part shall continue in full force and effect.

ARTICLE XXIX Town Ways Voted that the Town amend the by-laws of the Town of Bridgewater by adding thereto the following: When a lot(s) of land is built upon, facing on an existing Town. Way, and that section way contains existing drainage structures, (or in natural water runoff area) then the builder and/or owner shall resolve the drainage necessary by the Town Engineer and/or Highway Superintendent, before any building on the lot(s) is allowed. June 2, 1980 - Town Meeting

ARTICLE XXX Numbering of Dwelling 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 Mass General Laws, Chapter 248, 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 be a minimum of 3 inches tall. Script is not acceptable. If the building is set back on the property, a number mounted on a mailbox or lamppost will be acceptable. May 2, 1989 - Town Meeting

ARTICLE XXXI Historic Iron Works District It was voted (as amended) that the Town establish a Bridgewater Iron Works Historic Disitict, pursuant to MOT,, C.40C and to appear as Article =Cr in the By-laws of the Town of Bridgewater, which District shall consist of all land within 600 feet of the center line of High Street included in Assessors' Map 10, Parcels 40 and 41 and including the portion of Map 10, Parcel 40 shown on Assessors' Map 11.

May 2, 1989 - Town Meeting Amended by unanimous vote — Special Town Meeting, November 10, 1997 Affirmed by unanimous vote — Special Town Meeting, March 24, 1998 That the Town accept the provisions of MGL C.40, Sec. 57 added by C.640 of the Acts of 1985 and to establish a By-law thereunder as follows:

ARTICLE XXXII Licenses and Permits of Delinquent Tax Payers 1. The Tax Collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board, commission or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any 24

local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve (12) month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board. 2. The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the tax collector or with respect to any activity. event or other matter which is the subject of such license or permit and which activity. event or matter is carried out or exercised or is to be carried out or exercised on or about real estate owned by any party whose name appears on said list furnished to the licensing authority from the tax collector; provide& however, that written notice is given to the party and the tax collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than fourteen (14) days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension, shall be made only for the purposes of such proceeding and shall not be relevant to or introduced into any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives a certificate issued by the tax collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate.

June 27, 1995 — Town Meeting 3. Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law. 4 The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in Sec. 1 of C. 268A of the MGL in the business or activity conducted in or on said property. 5. The above shall not apply to the following licenses and permits: open burning; Sec. 13 of C. 48 of MGL; bicycle permits; Sec. 11A of C. 85 of MGL; sales of articles for charitable purposes; Sec. 33 of C. 101 of MGL; children work permits; Sec. 69 of C. 149 of MGL; clubs, associations dispensing food or beverage license; Sec. 21E of C. 140 of MGL; dog license; Sec. 137 of C. 140 of MGL; fishing, hunting, trapping license; Sec. 12 of C. 131 of MGL; marriage license; Sec. 28 of C. 207 of MGL; and theatrical events, public exhibition permits; Sec. 181 of C. 140 of MGL. May 7, 1990 - Town Meeting

ARTICLE XXXIII Wetlands Protection By-Law

Section 1. Purpose The pin-pose of this by-law is to protect the wetlands, related water resources, and adjoining land areas in the Town of Bridgewater by controlling activities deemed by the Bridgewater 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 prevention, water pollution control, fisheries, wildlife habitat, recreation, aesthetics, and agricultural values (collectively, the "wetlands values protected by this by- law"). Section 2. Jurisdiction Except as permitted by the Bridgewater Conservation Commission or as provided in this by-law, no person shall remove, fill, dredge, build upon, or alter the following areas: a) Within 100 feet of any freshwater wetland, marsh, wet meadow, bog or swamp; b) Within 100 feet of any bank, lake, pond, stream; c) Any land under said waters; d) Within 100 feet of any land subject to flooding or inundation by groundwater or surface water.

Section 3. Exceptions

A Notice of Intent required by this by-law shall not be required for maintaining, repairing, or replacing an existing and lawfully located structure or facility used in the service of the public to provide electric, gas, water, telephone, telegraph or other telecommunication services, provided that: a) The structure or facility is not substantially changed or enlarged; b) Written notice, with detailed plans of the work to be performed has been given to the Conservation Commission prior to commencement of work; c) The work conforms to performance standards and design specifications in regulations adopted by the Commission.

A Notice of Intent required by this by-law shall not apply to emergency projects necessary for the protection of the health or safety of the public, provided that any one of the following apply: d) The work is to be performed by or has been ordered to be performed by an agency of the Common- wealth of Massachusetts or a political subdivision thereof; e) Advance written notice, has been given to the Commission prior to commencement of work, within 24 hours or at the latest by the end of the following work day; f) The Commission or its agent certifies the work as an emergency project; g) The work is performed only for the time and place certified by the Commission for the limited purposes necessary to abate the emergency; h) Within 21 days of commencement of an emergency project as determined by the Conservation Commission a Notice of Intent shall be filed with the Conservation Commission for review as provided in this by-law.

**************************************************************************************** Special Exception i) Normal operation and maintenance of agricultural land. ***************************************************************************************** Upon failure to meet these and other requirements of the Commission, the Commission may after notice and a public hearing, revoke or modify an emergency project approval and order restoration and mitigation measures. Other than as stated in this section, the exceptions provided in MGL C. 131, Sec. 40 (Wetlands Protection Act) shall not apply. Section 4. Permit Applications and Requests for Determinations A Notice of Intent under MGL C. 131, Sec. 40 (Wetlands Protection Act) shall be filed with the Conservation Commission to perform activities regulated by this By-law affecting resource areas protected by this By-law. The Notice of Intent shall include such information and plans as are deemed necessary by the Commission to describe proposed activities and their effects on the environment. No activities shall commence without receiving and complying with an Order of Conditions issued pursuant to this By-law and MGL C. 131, Sec. 40.

Any person desiring to know whether or not proposed activity or any area is subject to this By-law may request a Determination from the Commission. A request for Determination of Applicability shall contain data and plans specified by the regulations of the Commission.

At the time of filing a Notice of Intent or request for a Determination, the applicant shall pay a filing fee specified in the regulations of the commission, or as specified in MGL C. 131, Sec. 40 (Wetlands Protection Act and 310 CMR 10, as amended August 1989 and November, 1989 , whichever is larger). The Commission may waive the filing fee for a Notice of Intent or request filed by a government agency. Section 5. Notices and Hearings At the same time any person files an application or a request for Determination with the Conservation Commission, he/she shall give written notice thereof, by certified mail, to all abutters according to the most recent records of the Assessors, including those across a traveled way, a body of water, or a town line. The notice to abutters shall enclose a copy of the application or request, with plans, or shall state where copies may be examined by abutters. When a person requesting a determination is other than the owner(s), the request, the notice of the hearing and determination itself shall be sent by the Commission to the owner(s) as well as to the person making the request. The Commission shall conduct a public hearing on any application or request for determination, with written notice given, by the applicant at the expense of the applicant, in a newspaper of general circulation in the Town at least five working days prior to the hearing. The Commission shall commence the public hearing within 21 days of recorded receipt of a completed application or request for determination and shall issue its determination in writing within 21 days of the close of said public hearing. An application or request may be rejected as incomplete by the Commission if the application or request is not filed with, the applicable filing fee and advertising fee. In an appropriate case, the Commission may combine its hearing under this By-law with the hearing conducted under MGL C. 131, Sec. 40 (Wetlands Protection Act). 26

The Commission shall have authority to continue any hearing to a certain date announced at the hearing, for reasons stated at the hearing, which may include receipt of additional information offered by the applicant and deemed necessary by the Commission in its discretion, or comments and recommendations of other Town boards and officials. If the applicant objects to a continuation or postponement, the hearing shall be closed and the Commission shall take action on such information as is available. Section 6. Permits, Determinations and Conditions If, after a public hearing, the Conservation Commission determines that the activities which are the subject of the application are likely to have a significant or cumulative effect upon the wetland values protected by this By-law, the Commission shall, within 21 days of the close of the hearing, issue or deny a permit for the activities proposed. If it issues a permit, the Commission shall impose conditions which it deems necessary or desirable to protect those values, and all activities shall be done in accordance with those conditions. The Commission is empowered to deny a permit for the following reasons: a) Failure to meet the requirements of this By-law; 13) Failure to submit necessary information and/or plans requested by the Commission; c) Failure to meet the design specifications, performance standards and other requirements in the regulations of the Commission; d) Failure to avoid or prevent unacceptable significant or cumulative effects upon the wetland values protected by this By-law; e) Where no conditions would adequately protect the wetland values protected by this By-law. Due consideration shall be given to demonstrated hardship on the applicant by reason of denial, as presented at the public hearing.

A permit shall expire three years from the date issued. Any permit may be renewed once for an additional two year period, provided that a written request for renewal is received by the Commission at least 30 days prior to the expiration date.

Any permit issued under this By-law may be revoked or modified by the Commission for good cause after public notice, public hearings and notice to the holder of the permit. In an appropriate case, the Commission may combine the permit or other action on an application issued under this By- law with the Order of Conditions issued under the Wetlands Protection Act.

Section 7. Regulations After public notice and public hearing, the Conservation Commission shall promulgate rules and regulations to achieve the purposes and objectives of this By-law. Failure by the Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this By-law. Section 8. Definitions The following definitions shall apply in the interpretation and implementation of this By-law:

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

The term, "alter", shall include, without limitation, the following activities when undertaken to, upon, within or affecting resource areas protected by this By-law: a) Removal, excavation or dredging of soil, sand, loam, peat, gravel or aggregate materials of any kind;

b) Changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns of flood retention characteristics; c) Drainage or other disturbance of water level or water table; d) Dumping, discharging or filling with any material which may degrade water quality; e) Placing of fill, or removal of material, which would alter elevation(s); f) Driving of piles, erection, alteration or repair of buildings or structures of any kind; g) Placing of obstructions or objects in water; 27

h) Destruction of plant life, including cutting of trees; i) Changing water temperature, biochemical oxygen demand or other physical or chemical characteris tics of water; j) Any activities, changes or work which may cause or tend to contribute to pollution of any body of water or groundwater. Section 9. Security As part of a permit issued under this By-law, in addition to any security required by any other Town or State board, agency or official, the Conservation Commission may require that the performance and observance of the conditions imposed hereunder be secured wholly or in part by one or more of the methods described below: a) By a proper bond or deposit of money or negotiable securities or other undertaking of financial responsibility sufficient in the opinion of the Commission; b) By a Conservation restriction, easement or other covenant enforceable in a court of law, executed and duly recorded by the owner of record, running with the land to the benefit of the Town of Bridgewater whereby the permit conditions shall be performed and observed before any lot may be conveyed other than by mortgage deed. Section 10. Enforcement The Conservation Commission, its agents, officers, and employees shall have the authority to enter upon privately owned land for the purpose of performing their duties under this By-law and may make or cause to be made such examination, surveys or sampling as the Commission deems necessary. The Commission shall have the authority to enforce this By-law, its regulation, and permits issued thereunder by violation notice, cease and desist orders, administrative orders, and civil and criminal court actions.

Upon request of the Commission, the Board of Selectmen and the Town Counsel shall take legal action for enforcement under Civil Law. Upon request of the Commission, the Chief of Police shall take legal action for enforcement under Criminal Law.

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

Any person who violates any provision of this By-law, regulations thereunder, or permits issued thereunder, shall be Finished by a fine or not more than $300.00. Each offense, and each provision of the By-law, regulations or permit violated shall constitute a separate offense.

In the alternative to criminal prosecution, the Commission may elect to utilize the non-criminal disposition procedure set forth in M.G.L. Ch. 40 S 21D. Section 11. Burden of Proof The applicant for a permit shall have the burden of proving by a preponderance of the credible evidence that the work proposed in the application will not have unacceptable significant or cumulative effect upon the wetland values protected by this By-law. Failure to provide adequate evidence to the Conservation Commission supporting this burden shall be sufficient cause for the Commission to deny a permit or grant a permit with conditions. Section 12. Certificate of Compliance A Certificate of Compliance shall be issued by the Conservation Commission up'on the request of the applicant of property owner after construction has been completed in accordance with the applicable Order of Conditions. Request for such Certificate must be filed with the Commission in writing, at least fifteen (15) days prior to the actual date the Certificate is needed. Section 13. Relation to the Wetlands Protection Act This by-law is adopted under the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Statutes, independent of M.G.L. Ch. 131, S 40 (The Wetlands Protection Act) and regulations thereunder. Section 14. Severability The invalidity of any section or provision of this By-law shall not invalidate any other section or provision thereof, nor shall it invalidate any permit or determination which previously has been issued. Fall Town Meeting November 13, 1990

ARTICLE XXXIV Municipal/Residential Recycling and Trash Regulations

Section 1. This by-law shall be known and cited as the Municipal/Residential Recycling and Trash Regulations By-law of the Town of Bridgewater, and shall become Article 34 of the General By-laws. Section 2. Definitions: A. Collectable Materials 1. Rubbish and Garbage: Food wastes and solid wastes (exclusive of all "recyclables" and non-collectable materials defined below) generated from the operation of a household. 2. Recyclables: discarded materials) and/or item(s) which may be reclaimed and which are considered "saleable" and "reusable", including the following: a. PAPER PRODUCTS (uncoiled) 1. Newsprint: All newspapers, newspaper supplements, comics, which are non-glossy. 2. Cardboard (uncoated only) and Corrugated Materials (uncoated only): all types of corrugated and cardboard boxes, including cereal, shoeboxes, etc. (linings removed). 3. Computer Paper: untreated and non-carbonized only. b. GLASS BOTTLES AND JARS (no lids, rings, caps, corks) c. PLASTIC BEVERAGE JUGS - TRANSLUCENT and/or OPAQUE milk, juice, and water jugs (H.D.P.E.) high density polyurethane. d. COMPOST - leaves, small branches, lawn clippings. e. USED MOTOR OIL f. OTHER MATERIALS - for Annual Town Collection Day only. 1. White Goods - refrigerators, stoves, washers, dryers, freezers, scrap metal. 2. Tires - hubcaps and rims removed. 3. Household Hazardous Waste - items to be specified. B. NON-COLLECTABLE MATERIALS 1. Construction Debris: materials left from any commercial or residential construction, renovation, repair or demolition work. 2. Stumps. 3. Bulk Items - mattresses, rug pieces over 4' in length.

Section 3. Methods of Separation of Recyclables:

All recyclables shall be separated form non-recyclables, and placed in a rigid, reusable container; in the following manner: A. To Separate Paper Products: 1. Newsprint: all NON-GLOSSY- newsprint shall be kept securely in a reusable container. 2. Cardboard and Corrugated Products (uncoated only): all cardboard are to be flattened and kept apart from other recyclable materials. 3. Computer Paper (untreated and non carbonized only) are to be kept apart from other recyclable materials.

B. To Separate Glass Bottles and Jars: (clean, emptied out, and unbroken) separate by: 1. Color a. Clear glass only b. Colored glass (green and brown) 2. Removal of caps, lids, rings, or corks required for each item. 3. Reusable Containers must be used to store each color of glass

C. Plastic beverage Just – translucent and/or opaque milk, juice, and water jugs and those items marked with H.D.P.E. (high destiny polyethylene) symbol shall be placed in a reusable container.

D. Compost – leaves, lawn clippings and small branches shall be placed in reusable containers, said containers shall be emptied at the Bridgewater Composting Center.

E. Used Motor Oil – used motor oil shall be submitted to said designed “recycling center” site, as determined by the Board of Health

F. Other Materials – white goods, tires, and household hazardous waste, as previously defined, shall be stored in a safe manner until the next scheduled Town Collection Day, to be held annually, or as the Board of Health shall determined.

Section 4.

RECYCLABLES SHALL BE KEPT SEPARATE FROM OTHER GARBAGE AND/OR RUBBISH: in the case of a household contracting for curbside collection, said recyclables shall be placed at the street curb, in the appropriate containers, for collection according to a schedule to be determined by the Board of Health, or their designee and in the case of a household utilizing the town convenience area, said recyclables shall be taken by the householder to a designated recycling-collection site; Recyclables not handled as specified in Section 3, above, shall not be collected under a curbside collection facility. In the event of rain or snow, no paper recyclables will be collected and none should be placed out for collection. Section 5. Apartments containing greater than eight (8) units, condominiums and businesses serviced by private collectors may properly dispose of recyclables at the designated recycling-collection site; upon authorization of the Board of Health. Section 6. No person, company, corporation or other entity engaged in the business of separation, recovery, collection, removal, storage, or disposition of garbage, rubbish or other refuse shall also pickup and procure "recyclables" unless so authorized by the Board of Health to also engage in the collection of "recyclables". This restriction shall also include any independent citizen, resident, taxpayer, or person who might engage in such practice for personal gain. Section 7. From the time of placement at the curb, or at the time of placement at the designated recycling-collection site, all items deemed recyclable and properly prepared shall be and become the property of the Town of Bridgewater.

Section 8. The Board of Health, shall periodically review those items to be recycled as to their cost effectiveness; the Board of Health shall not discontinue recycling of an item unless such item shall not be cost effective; but at all times the Board of Health shall be in compliance with the Mass General Laws and D.E.P. regulations. The Board of Health shall have the option to implement the recycling of additional items. Section 9. All ordinances, regulations, resolutions, docnments or by-laws, or parts thereof inconsistent with the provisions of this by-law are hereby repealed to the extent of inconsistency. Section 10. This by-law are the various parts, sections, sentences, and clauses thereof are hereby declared to be severable. If any part, sections, sentence, or clause is adjudged invalid, it is hereby provided that the remainder of this by-law shall not be affected thereby. Section 11. This by-law shall take effect no sooner than in 120 days from the adjournment of the 1991 Annual Town Meeting. Unanimous.

ARTICLE XXXV Fire Alarm Systems By-Law 1.1 Definitions: When used in this By-law, unless a contrary intention clearly appears, the following words shall have the following meanings:

1.1.1 Central Station Operating Company: A company equipped to receive a fire alarm signal from each of its customers and which then transmits to the Bridgewater Fire Department (B141)) the location of any such alarm the central station operating company receives.

1.1.2 Fire Alarm System: Any heat-activated, smoke-activated, flame energy activated or other such automatic device capable of transmitting a fire alarm signal to either a central station operating company or directly to the BID by way of a master box. 1.1.3 Fire Alarm System Malfunctiom The transmittal of a fire alarm to a central station operating company or directly to the BFD by way of a master box which alarm is caused by improper installation of a fire alarm system, a mechanically defective fire alarm system, lack of maintenance or some other reasons that causes a fire alarm to sound even though there is no actual fire or situation that could reasonable evolve into a fire.

1.1.4 Fire Alarm System Owner: An individual or entity who owns the title to and/or has on his business or residential premises a fire alarm system equipped to send a fire alarm signal to a central station operating company or directly to the BFD by way of a master box.

1.1.5 Fire Chief: The Chief of the Bridgewater Fire Department.

1.1.6 Master Box Owner: An individual or entity who has on his business or residential premises a fire alarm system equipped to send a fire alarm signal directly to the BED by way of a master box.

1.2 Connection of Fire Alarm Systems to the B1-,13 by way of a Master Box Before any fire alarm system is connected to the BFD, the master box owner shall provide the Fire Chief with the following information: 1.2.1 The name, address, and home and work telephone numbers of the master box owner; 1.2.2 The street address where the master box is located;

1.2.3 The names, addresses and telephone numbers of the persons or businesses protected by the fire alarm system connected to the master box;

1.2.4 The names, addresses and home and work telephone numbers of at least two persons other than the owner who can be contacted twenty-four (24) hours a day, who are authorized by the master box owner to respond to an alarm signal and who have access to the premises in which the master box is located; and

1.2.5 Such other information as the Fire Chief may require.

If at the passage of this by-law, a fire alarm system has already been connected to the Bull by way of a master box, the master box owner shall comply with the requirements of this section within sixty (60) days after the BED has sent notice by first class mail for the requirements of this section.

If a master box owner fails to comply with this section, the Fire Chief may assess a fine of Fifty ($50.00) Dollars for each day of non-compliance.

1.3 Connection of Central Station Operating Companies to RFD Before any central station operating company is connected with the Bt D, it shall provide the Fire Chief with the following information:

1.3.1 The name, address and telephone numbers of the central station operating company;

1.3.2 The names, addresses and home and work telephone numbers of at least two persons who can be contacted twenty-four (24) hours a day, who are authorized by the central station operating company to respond to an alarm signal and who have access to the premises from where the alarm signal is emitting to the central station operating company; 1.3.3 The name, address, home and work telephone numbers and location of the premises of each customer of the central station operating company who has a fire alarm system equipped to send a fire alarm signal to the central station operating company; and

1.3.4 Such other information as the Fire Chief may require. 31

If at the passage of this By-law, a central station operating company already has a direct connection to the BED, the, central station operating company shall comply with the requirements of this section within sixty (60) days after the BPD has sent it notice by first class mail of the requirements of this section. If a central station operating company fails to comply with this section, the Fire Chief may access a fine of Fifty ($50.00) Dollars for each day of non-compliance.

1.4 Updating Information Every master box owner and every central station operating company shall be responsible for updating the information herein required to be provided to the Chief. If the information provided changes, the master box owner and the central station operating company shall provide the Fire Chief with the updated information and shall pay the fee, if any, required by this By-law. If a master box owner or a central station operating company fails to comply with this section, the Fire Chief may assess a fine of Fifty ($50.00) Dollars.

1.5 Fire Alarm System Malfunction - False Alarm Fines If there is a fire alarm system malfunction or false alarm as defined herein, the Fire Chief may assess a fine against a fire alarm system owner for each malfunction and/or false alarm per calendar year according to the following schedule: 1.5.1 First malfunction - false alarm, no charge. Upon the recording of the third malfunction - false alarm in a calendar year by the Fire Department, the Fire Chief shall notify the owner of the building in writing and by certified mail of such fact and at this time inform the owner of the department's policy with regard to charging for false alarms. Fourth malfunction - false alarm and every malfunction - false alarm thereafter $300.00. 1.5.2 Private fire alarm systems connected to the Bridgewater Fire Department by other automatic means or through a central station operative system shall also be subject to the above conditions. 1.5.3 Any false fire alarm which is the result of the failure of the property owner, occupant or their agents to notify the Bridgewater Fire Department of repair, maintenance or testing of the internal fire alarm system within the protected premises shall cause a penalty to be assessed in accordance with subsection 1.5.1.

1.5.4 For the purpose of this regulation, a false fire alarm shall be defined as follows: (a) the operation of a faulty smoke or heat detection device; (b) faulty control panel or associated equipment; (c) a water pressure surge in automatic sprinkler system; (d) accidental operation of an automatic sprinkler system; (e) an action by an employee of the owner or occupant of the protected premises or a contractor employed by the owner or the occupant, causing accidental activation of the internal fire alarm system.

1.5.5 Property owners will be billed once a month for the previous months malfunction activity. All fines assessed shall be paid to the Town Treasurer for deposit in a Receipt Reserve Account for Repair and Maintenance - Fire Department. If the bill is not paid within sixty (60) days a second notice will be sent; if the bill is not paid after another sixty (60) day period, then the Fire Chief may proceed to collect the same. 1.5.6 Appeal procedure - Any fire alarm system owner who is aggrieved by an action taken by the Fire Chief under this By-law, may, within ten (10) days of such action, file an appeal in writing, to the Board of Selectmen of the Town of Bridgewater (the Board). After notice the Board shall hold a hearing after which it shall issue a decision in which it affirms, annuls or modifies the action taken by the Fire Chief giving its reasons therefor. The Board shall send its decision to the owner by first class mail within ten (10) days after the hearing. The decision of the Board shall be a final administrative decision. The owner shall have thirty (30) days from the date of the written decision to, seek judicial review in the Plymouth County Superior Court. 1.5.7 Regulations and Enforcement The Fire Chief may promulgate such regulations as may be necessary to implement this by-law. The Fire Chief is authorized to pursue such legal action as may be necessary to enforce this bylaw.

Fall Town Meeting November 12, 1991 32

ARTICLE XXXVI Enforcement

1. Criminal Complaint Whoever violates any provision of the By-laws of the Town of Bridgewater may be penalized by indictment or on complaint brought in the District Court. Except as m y be otherwise provided by law, the maximum penalty for each violation, or offense, brought in such manner shall be Three Hundred ($300.00) Dollars.

2. Non-criminal disposition Whoever violates any provision of the By-laws of the Town of Bridgewater, the violation of which is subject to a specific penalty, may be penalized by a non-criminal disposition as provided by MGL, c.40, sec. 21D. The non-criminal method of disposition may also be used for violations of any Rule or Regulation of any municipal officer, board or department which is subject to a specific penalty.

If the non-criminal method of disposition is used, any person taking cognizance of a violation of a specific By-law, Rule or Regulation which he is empowered to enforce, shall give to the offender a written notice to appear before the Clerk of the Brockton District Court at any time during the Court's normal office hours, not later then twenty-one (21) days after the date of such notice. Such notice shall be in triplicate and shall contain the name and address, if known, of the offender, the specific offense charged, and the time and place for his required appearance. Such notice shall be signed by the enforcing person, and shall be signed by the offender whenever practicable, in acknowledgment that such notice has been received. The enforcing person shall, if possible, deliver to the offender a copy of said notice at the time and place of the violation. If it is not possible to deliver a copy of said notice to the offender at the time and place of the violation, said copy shall be mailed or delivered by the enforcing person, or by his commanding officer or the head of the department, or by any person authorized by such commanding officer, department or department head to the offender's last known address, within fifteen (15) days after said violation. Fall Town Meeting November 12, 1991

ARTICLE XXXV Fire Alarm and Fire Protection Systems Section 1. Any building other than a residential building of less than six (6) units which has a fire alarm system or other fire protection system shall provide a secure key box installed in a location accessible to the Fire Department in case of emergency. This key box shall contain keys to fire alarm control panels and other keys necessary to operate or service fire protection systems. The key box shall by a type approved by the Chief of the Bridgewater Fire Department and shall be located and installed as approved by the Chief. Any building owner violating this by-law after receiving due notice by the Fire Department shall be subject to a fine of Fifty ($50.00) Dollars. Special Town Meeting November 14, 1994

ARTICLE XXXVII Repairing Motor Vehicles

Any person engaged in the activity of repairing motor vehicles as defined by M.G.L. chapter 90, section 1, as

amended, shall be licensed by the Board of Selectmen. The license shall specify the premises to be occupied by the licensee for the purpose of carrying on the licensed business. The Board shall have the right to limit the hours of operation, the storage of unregistered vehicles, and other conditions of storage of unregistered vehicles, arid other conditions of operation that may have a negative impact on abutters. Such license shall expire on December 31st of each year, finless sooner revoked, but may be renewed annually upon application filed in December of each year without notice and hearing. The fee for the license shall be fixed annually by the licensing authority: •

Any person who is found in violation shall be fined One Hundred ($100.00) Dollars. Each day a person is found to be in violation shall constitute a separate offense. The Building Inspector is charged with enforcing this By-law. As an alternative to initiating criminal proceedings, the Building Inspector may enforce this By-Iaw through the noncriminal disposition process set forth in M.G.L. Chapter 40, section 21D.

Any person aggrieved by any action of the licensing board refusing to grant, or revoking a license for any cause may, within ten days after such action, appeal therefrom to any justice of the superior court in the county in which the premises sought to be occupied render the license applied for are located. The justice shall, after such notice to the parties as he deems reasonable give a summary hearing on such appeal, and shall have jurisdiction in equity to review all questions of fact or law and may affirm or reverse the decision of the board and may make any appropriate decree. The parties shall have all rights of appeal as in other cases. June 23, 1993

ARTICLE XXXVIII Water Use Restriction By-Law

Section 1. Authority This Bylaw is adopted by the Town under its police powers to protect public health and welfare and its powers under M.G.L. c. 40, §21 et seq. and implements the Town's authority to regulate water use pursuant to M.G.L. c. 41, §69B. This Bylaw also implements the Town's authority under M.G.L. c. 40, §41 A, conditioned upon declaration of water supply emergency issued by the Department of Environmental Protection. Section 2. Purpose The purpose of this bylaw is to protect, preserve and maintain the public health, safety and welfare whenever there is in force a State of Water Supply Conservation or State of Water Supply Emergency by providing for enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by the Town or by the Department of Environmental Protection. Section 3. Definitions Person shall mean any individual, corporation trust, partnership or association, or other entity. State of Water Supply Emergency shall mean a State of Water Supply Emergency declared by the Department of Environmental Protection under M.G.L. C. 21 G, § 1517. A State of Water Supply Conservation shall mean a State of Water Supply Conservation declared by the Town pursuant to section 4 of this bylaw. Water Users or Water Consumers shall mean all public and private users of the Town's public water system, irrespective of any person's responsibility for billing purposes for water used at any particular facility. Section 4. Declaration of a State of Water Supply Conservation The Town, through its Board of Water Commissioners, may declare a State of Water Supply Conservation upon a determination by a majority vote of the Board that a shortage of water exists and conservation measures are appropriate

to ensure an adequate supply of water to all water consumers. Public notice of a State of Water Conservation shall be given under section 6 of this bylaw before it may be enforced. Section 5. Restricted Water Use A declaration of a State of Water Supply Conservation shall include one or more of the following restrictions, conditions, or requirements limiting the use of water as necessary to protect the water supply. The applicable restrictions, conditions or requirements shall be included in the public notice required under section 6. a) Odd/Even Day Outdoor Watering: Outdoor watering by water users with odd numbered addresses is restricted to odd numbered days. Outdoor watering by water users with even numbered addresses is restricted to even numbered days. b) Outdoor Watering Ban: Outdoor watering is prohibited. c) Outdoor Watering Hours: Outdoor watering is permitted only during daily periods of low demand to be specified in the declaration of a State of Water Supply Conservation and public notice thereof d) Filling Swimming Pools: Filling of swimming pools is prohibited. e) Automatic Sprinkler Use: The use of automatic sprinkler systems is prohibited.

Section 6. Public Notification of a State of Water Supply Conservation: Notification of DEP Notification of any provision, restriction, requirement or condition imposed by the town as part of a State of Water Supply-Conservation shall be published in a newspaper of general circulation within the Town or by such other means -reasonably calculated to reach and inform all users of water of the State of Water Supply Conservation. Any restriction imposed under section 5 shall not be effective until such notification is provided. Notification of the State of Water Supply Conservation shall also be simultaneously provided to the Massachusetts Department of Environmental Protection. Section 7. Termination of a State of Water Supply Conservation; Notice A State of Water Supply Conservation may be terminated by a majority vote of the Board of Water Commissioners, upon a determination that the water supply shortage no longer exists. Public notification of the termination of a State of Water Supply Conservation shall be given in the same manner required by section 6. Section 8. State of Water Supply Emergency, Compliance with DEP Orders Upon notification to the public that a declaration of a State of Water Supply Emergency has been issued by the Department of Environmental Protection, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by the Department intended to bring about an end to the State of Emergency. Section 9. Automatic Lawn Sprinklers Automatic lawn sprinklers are not allowed to be connected to the Town's water supply at any time. Section 10. Penalties Any person violating this bylaw shall be liable to the Town in the amount of $50.00 for the first violation and $100.00 for each subsequent violation which shall inure to the Town for such uses as the Board of Water Commissioners may direct. Fines shall be recovered by indictment, or on complaint before the District Court, or by noncriminal. disposition in accordance with section 21D of chapter 40 of the general laws. Each day of violation shall constitute a separate offense.

Section 11. Severability The invalidity of any portion of this bylaw shall not invalidate any other portion or provision thereof. Town Meeting, May 1, 2000 - Unanimous Accepted by Atty. General July 6, 2000

ARTICLE XXXIX Maintenance of Storm Water Drain Facilities

Section 1. Purpose The purpose of this by-law is to protect the public health, safety and welfare by ensuring the routine maintenance of detention basins and other open storm water drainage facilities within subdivisions which have been approved under MGL Chapter 41. Section 2. Definitions Detention Basins - A man-made basin-like structure which is designed to collect storm water runoff and detain it for a specified period of time.

Open Storm Water Drainage Facilities - Any man-made depression within a tract of land that is designed to direct and/or regulate the flow of storm water runoff (e.g. swale).

Routine Maintenance - The removal of debris and the periodic cutting of vegetation which would otherwise impede or alter storm water drainage flows. Maintenance within detention basins or other open storm water drainage facilities shall be typical and consistent with the maintenance of surrounding lands. Section 3. Requirements Deed Restriction - The deed for any lot which will serve as the location for a detention basin or any other open storm water drainage facility shall specify that the lot owner or his successor, heirs or assigns shall be responsible for the routine maintenance of said basin or facility as defined herein. A copy of the deed with such a restriction, which has been recorded at the Plymouth County Registry of Deeds, shall be submitted to the Inspector of Buildings before a building permit is issued for the lot.

Maintenance - The owner of a lot which serves as the location for a detention basin or any other open storm water drainage facility shall be responsible for the routine maintenance of said basin or facility as defined herein. Section 4. Enforcement The Highway Superintendent shall be responsible for enforcing the provisions of this By-law. Any violations of this by-law shall be subject to the penalties and procedures specified under Article XV(VI of the General by-laws of the Town.

Town Meeting, November 13, 1996 - Unanimous Section 5. Illicit Discharge By-Law I. PREAMBLE In partial fulfillment of the obligations of the Town under the Clean Water Act (33 U.S.C. 1251 & seq.) (the "Act") and under the Town's National Pollutant Discharge Elimination System Storm Water Permit, the Town hereby establishes a comprehensive and fair system of regulation of Discharges to the Town's Municipal Separate Storm Sewer System (sometimes referred to herein as the "MS4"). The Board of Selectmen is delegated hereby the responsibility and authority to administer this By-Law. The Board of Selectmen may re-delegate such aspects of By-Law enforcement and administration to the Highway Superintendent and such of his subordinates as the Board of Selectmen may from time-to- time determine and designate in writing.

Special Town Meeting, November 14, 2002 - Unanimous Accepted by Atty. General December 12, 2002

II. PURPOSE

The purpose and intent of this By-Law is to: a. Protect the waters of the U.S. as defined in the Act and implementing Regulations from uncontrolled Discharges of Storm Water or Discharges of Contaminated Water which have a negative impact on the receiving waters by changing the physical, biological and chemical composition of the water resulting in an unhealthy environment for aquatic organisms, wildlife and people, and b. Reduce Discharges of Contaminated Water into the MS4 and resultant discharges from the MS4 into waters of the U.S. and improve surface water quality, and c. Permit and manage reasonable access to the MS4 to facilitate proper drainage, and

d. Assure that the Town can continue to fairly and responsibly protect the public health, safety and welfare.

DEFINITIONS BOARD: The Board of Selectmen, and, to the extent delegated and designated, shall include the Highway Superintendent and his subordinates. Special Town Meeting, November 14, 2002 - Unanimous Accepted by Atty. General December 12, 2002 CONTAMINATED WATER: Water that contains higher levels of Pollutants, including without limitation implied, heavy metals, toxics, oil and grease, solvents, nutrients, viruses and bacteria greater than permitted in waters of the U.S. by the Act and implementing Regulations. DIRECT CONNECTION: Any discernible, confined and discrete conveyance including but not limited to any pipe, drain, channel, conduit, tunnel, or swale whether above ground or below ground which directs water into the MS4. DIRECT CONNECTION LICENSE: A license granted by the Town for the continued maintenance by an Owner of a Direct Connection to the MS4. DISCHARGE: Any non-naturally occurring addition of water or of Storm Water to the MS4.

DUMPING: An act or omission of any person or entity the proximate result of which is the introduction of a Pollutant into the MS4. EXEMPTED DISCHARGES: Discharges from the following sources unless in any instance such Discharge would result in a substantial and continuing increase in the level of a Pollutant in the waters of the U.S.: 1. water line flushing 2. landscape irrigation 3. diverted stream flows 4. rising ground water 5. pumped ground water 6. discharges from potable water sources 7. foundation drains 8. air conditioning condensation 9. irrigation water 10. springs 11. water from crawl space pumps 12. footing drains 13. lawn watering 14. individual residential car washing 15. flows from riparian habitats and wetlands 16. de-chlorinated swimming pool discharges (e.g. where the Discharge contains less than 1ppm of chlorine.) 17. street wash water 18. rain run-off from roofs EXISTING SOURCE: Any building, structure, facility or installation from which there is a flow of Storm Water or Exempted Discharge the construction of which building, structure, facility or installation occurred prior to the promulgation of this By-Law. ILLICIT CONNECTION: Any drain or conveyance, whether on the surface or subsurface, which allows an Illicit Discharge to enter the MS4. Special Town Meeting, November 14, 2002 - Unanimous Accepted by Atty. General December 12, 2002 - 37

ILLICIT DISCHARGE: Any release into the MS4 of Contaminated Water, any Discharge of Storm Water from a Direct Connection for which a Direct Connection License is not in force and effect, any Discharge which is not an Exempted Discharge, or any Discharge from an Indirect Connection not in compliance with this By-Law. INDIRECT CONNECTION: The natural drainage of Storm Water over or under the surface of the ground (whether instigated by human endeavor or not) via gravity into the MS4. MUNICIPAL SEPARATE STORM SEWER SYSTEM or MS4: The Storm Water collection system which is made up of open water courses, swales, ditches, culverts, canals, streams, catch basins and pipes through which the storm water flows and the Town Public Ways over which it flows which is owned and operated by the Town for the purpose of collecting or conveying storm water to a discharge point. NEW SOURCE: Any building, structure, facility or installation from which there is or may be a Discharge of Storm Water the construction of which building, structure, facility or installation commenced after adoption of this By-Law. NPDES PERMIT: The National Pollution Discharge Elimination System Permit issued by the federal Environmental Protection Agency to the Town.

OWNER: The owner of a parcel of land recorded in the Assessor's Office of the Town. POLLUTANT: Dredged spoil, solid waste, incinerator residue, filter back-wash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, rock, sand, animal or agricultural waste, oil, grease, gasoline or diesel fuel. PUBLIC WAYS: Any road (including such appurtenances such as berms, curbs, drains, catch basins, sewers, water mains, sidewalks and paved and unpaved shoulders within the paper lay-out) to which the public has access and that the Town is responsible for maintaining STORM WATER: Rainfall that exceeds the soil's capacity contempo-raneously to absorb it and which, instead, runs across the surface of the ground as run-off.

IV PROHIBITIONS a. No person or entity shall do or suffer to be done any Dumping into the MS4, including without limitation implied, the placing or emptying into any catch basin or other portal to the MS4, of any Pollutant. b. No Owner shall cause an Illicit Discharge to be made to the MS4 whether from a Direct or Indirect Connection. c. No Direct Connections whether from a New or Existing Source shall be installed after the Effective Date of this By-Law. d. Direct Connection from an Existing Source shall be allowed to continue after the Effective Date provided that (i) Owner must disclose the Direct Connection and must within 30 days of the effective date of this By-Law apply for and thereafter be granted a Direct Connection License, and (ii) Owner must Discharge only Storm Water which is not Contaminated Water via the Direct Connection. e. Indirect Connections from Existing Sources shall be allowed provided that: (i) only Storm Water which is not Contaminated Water is Discharged or a Discharge constituting an Exempted Discharge occurs, and (ii) the Discharge does not cause safety problems due to icing or flooding of the Public Ways or cause damage to the Town's property. f. Indirect Connections from New Sources shall be allowed provided that (i) sub-surface infiltration trenches are used which comply with criteria established in the Town's Sub-Division Rules and Regulations, and (ii) Only Storm Water which is not Contaminated Water is discharged or a Discharge constituting an Exempted Discharge occurs..

V. PENALTIES FOR VIOLATIONS

Special Town Meeting, November 14, 2002 - Unanimous 38

Accepted by Atty. General December 12, 2002 a. Any person or entity which causes or suffers to occur a Dumping, shall be subject to a fine of $100.00. b. Any Owner who causes or suffers to occur an Illicit Discharge to emanate from his property shall be subject to a fine of $100.00 per day for each day that the Illicit Discharge continues after Notice thereof is given by or at the direction of the Board of Selectmen.

c. Any Owner who allows an Direct Connection to be maintained on his property (whether or not it results in an Illicit Discharge) without aplying for and receiving a Direct Connection License from the Town shall be subject to a fine of $100.00 per day for each day that the Illicit Connection continues after the deadline set for abatement by the board of Selectmen.

In the alternative, to criminal prosecution, the Board of Selectmen may elect to utilize the noncriminal disposition procedure set forth in MGL, c.40, sec. 21 D.

The penalties set out herein may be assessed by the Board of Selectmen and are in addition to and not in substitution for any remedial action the Board of Selectmen may order under the ENFORCEMENT section of this By-Law.

VI. ENFORCEMENT a. If an Illicit Discharge or a Dumping occurs, the Board of Selectmen shall give or cause to be given written notice directed to the Owner of the parcel from which the Illicit Discharge is emanating and or to any person or entity responsible for a Dumping, ordering an immediate cessation of any act or condition in violation of this By-Law. The Board of Selectmen may then or thereafter assess a penalty in accordance With this By-Law. b. The Board of Selectmen either with such notice or at any reasonable time thereafter may order the Owner or any such person or entity to begin and thereafter diligently prosecute to completion, such remediation efforts as the Selectmen in their reasonable discretion may deem appropriate. In such notice, the Selectmen shall also advise the Owner or such other person or entity of the opportunity to request a hearing before the Board of Selectmen and of the opportunity at the hearing to present evidence to refute such alleged violation or to dispute the reasonableness of any penalty assessed or the reasonableness of the exercise of discretion by the Board in ordering remediation. c. If the Board of Selectmen determines that the Illicit Discharge resulted from a Direct Connection to the MS4, the Board shall revoke the Owner's Direct Connection License forthwith. After Owner has fully completed all remediation ordered by the Board, Owner may hereafter apply to the Board on the form and utilizing the procedures from time to time prescribed by the Board, for a new Direct Connection License which the Board shall consider in the same manner as any other new application.

VII. APPEALS Special .Town Meeting, November 14, 2002 – Unanimous Accepted by Atty. General December 12, 2002 Any person or Owner aggrieved by an action of the Board which was not either: (i) the assessment of penalty for Dumping for which the provisions of MGL c. 40 s. 21D apply, or (ii) an action taken by the Board at4a meeting of which the aggrieved person or Owner was given notice and was afforded the opportunity to present evidence and argument with a view to causing the Board to modify its earlier action (such action being a "final action"), then, with respect to all other actions of the Board, within thirty days of such Board action, the aggrieved person or Owner shall request a hearing before the Board at which they shall be afforded the opportunity to present evidence and argument concerning final action by the Board. The Board shall hold such hearing within a reasonable time following its request and within a reasonable time thereafter shall either confirm the Board's previous action or order such other final action as it may determine.

A person or Owner aggrieved by a Decision of the Board of Selectmen under this Bylaw may appeal such decision to the appropriate court of competent jurisdiction VIII. SEVERABILITY If any clause, section, or other part of this By-Law shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this By-Law shall not be affected thereby but shall remain in full force and effect.

IX EL-BECTIVE DALE This By-Law shall take effect 180 days following its adoption by Town Meeting.

ARTICLE XXXX Capital Planning Committee

Section 1. There is hereby established a Capital Improvement Program (CIP) and a Capital Planning Committee (CPC) for the Town of Bridgewater. Section 2. The CPC shall consist of one (1) member of the Board of Selectmen or its designee, one (1) member of the Advisory Committee appointed by the Advisory Committee and three (3) residents appointed as follows: two (2) residents appointed by the Board of Selectmen and one (1) resident appointed by the Advisory Committee; and a designee to the Bridgewater State College appointed by the Town/College Executive Council consisting of the five (5) members of the Board of Selectmen and the College. President and designated members of his/her staff provided that the appointee is a resident of the Town of Bridgewater or shall be an Ex Officio member without voting rights. All members shall serve for a one year term expiring June 30. The Town Accountant shall be an Ex Officio member without right to vote. Any vacancy occurring shall be filled for the unexpired term in the same manner as the original appointment.

Amended — November 9, 1998 — Unanimous Amended Feb 10, 2003 Accepted by Atty. General January 14, 1999 Approved by Atty General March 3, 2003

Section 3. The CPC shall annually review the CIP, and proposals for the construction and maintenance of municipal buildings, and those capital purchases exceeding $10,000.00 which are associated with the operation of town departments, acquisition of land or personal property and make recommendations to the appropriate officer, board, agency or department. Such recommendations shall be included within the annual budget or the annual report. June 13, 1995

ARTICLE XXXXI Street Acceptance:

Section 1. Purpose: The purpose of this bylaw is to establish a process in which parties of interest requesting street acceptance shall adhere to when placing a request before Town Meeting for a street to be formally accepted by the Town for future maintenance and ownership.

Section 2. General Provisions: All Street Acceptance Articles shall be acted upon at the Annual Spring Town Meeting session on the first Monday in May.

Requests and/or Petitions for Articles must be received by January lst of the same year for consideration at the upcoming Annual Town Meeting. Requests and/or Petitions shall be submitted to the Planning Board with the mandatory submission requirements as outlined in Section 3. — (Submission Requirements) Section 3. Submission Requirements: A. For recently completed roads (less than two years from submission of As-Built Approval). The Devel- oper/applicant shall submit a written request for street acceptance with the following enclosures to the Planning Board: 1) A written legal description of the proposed roadway sufficient for filing at the Registry of Deeds and/ or Land Court. 2) A layout plan showing sufficient metes and bounds of the proposed layout. 3) A copy of the As-Built drainage plan and storm water management plan in accordance with Section V-3 Drainage As-Built Certification" of the Subdivision Rules and Regulations.

4) An electronic copy of the surveyed subdivision plan 5) An “Acceptance Guarantee” in the amount of described in the original decision. Upon acceptance by Town Meeting, the guarantee will be returned with interest once the applicant/developer has provided proof of recording the layout plan at the Registry of Deeds B. For the ways in existence other than described under subsection A, request for street acceptance must adhere to the following and be submitted to the Planning Board:

1. A written petition signed and submitted from the majority of property owners on the street supporting a petition of street acceptance to Town Meeting. 2. A written narrative providing information as to:  The year (or estimated year) the roadway was constructed  A copy of a definitive plan or layout plan (if available)  A general description as to the condition of the roadway Section 4. Reviews and Recommendation Process: Roadways with incomplete n-site work remaining shall not be eligible for processing after January 1St. Administrative documentation (see section 3 Submission Requirements) as part of the acceptance request may be still submitted up until February 14° for inclusion in the final request submission.

Completed requests/petitions and roadways with completed work as approved, accompanied by all the required documentation submitted to the Planning Board per Section 3, shall be then be distributed to the following departments within fourteen (14) days of a completed application but no later than February 15th for review and recommendation:

Highway Department Community Development Water Department Transportation Management Sewer Department (if connected to Town sewer)

The above departments shall make a written recommendation to the Planning Board, within thirty - (30) days of transmittal to their department. The recommendation shall be either in favor of an article for submission to the warrant or for disapproval of submission of the article.

If recommended for approval. the Planning Board shall submit the article to the Board of Selectmen for inclusion on the warrant for the Annual Town Meeting.

In the case of disapproval for submission of a roadway defined under Section 3A, said department recommendation shall include the reasons for disapproval along with an itemized list of remedies that must be completed by the developer to place the road in proper standing for a future annual petition. Upon receipt of such recommendation, the Planning Board shall send by certified mail, to the developer of record, a letter stating the submission disapproval with the department recommendations attached to comply with in a future annual petition.

Section 5. Town Meeting Approval: For roadways defined under Section 3B, if determined by the Highway. Superintendent that work is needed to bring the roadway to a level of acceptance then the Highway Superintendent will submit to the Planning Board and Board of Selectmen an estimate of the cost of work and if available funds that can be earmarked for such improvements. Should such funds not be available in any given fiscal year, the street shall be placed upon a list for future scheduled road improvements as funds become available. Property Owners who wish to expedite street acceptance, may make improvements per the Highway Superintendent's direction, however do so at their own cost with no reimbursement from the Town.

ARTICLE XXXXII Pyrotechnics:

Section 1. Notwithstanding the provisions of 527 CMR 2.09, the use of pyrotechnic devices, pyrotechnic materials, and pyrotechnic special effects, as defined in 527 CMR 2.03, in the interior of a structure or building is hereby prohibited. Section 2. Compliance with this article shaft be a condition of any license or permit issued by the Town of Bridgewater for on- premise consumption of alcoholic beverages and/or for entertainment.

Section 3. Any person violating any of the provisions of this article shall be prinkhed by a fine of three hundred dollars ($300.00). Any violation shall be sufficient grounds for revocation of any license referenced in section 2.

ARTICLE XXXXIII Dog By-Law

Dog licenses are issued for a one-year period. Said licensing period is from July to June 30 each year. All dogs six months of age and older shall be licensed and have a current rabies inoculation. Rabies shots must be current as required under MA General Laws, Chapter 140, Section 137 and I45B as amended.

CHARGES FOR LICENSES Mate/Fernale Neutered/Spayed Late Fee $15.00 $10.00 $25.00

KENNEL LICENSE

Kennel License $45.00 (Kennel - one pack or collection of four or more dogs over the age six months kept on a single premise not to exceed six dogs.)

Hobby License $90.00 (Hobby Kennel - a kennel maintained for a collection of six or more dogs or for breeding dogs for show or sport, or which sells dogs from less than four litters per year) Amended 5/3/2004, Adopted 8/23/2004

Commercial Kennel $225.00 (Commercial Kennel - a kennel maintained as a business for the boarding or grooming of dogs, or which sells dogs born and raised on the promises from more than four litters per year)

Any owner or keeper of four or more dogs six months of age or over shall obtain a kennel license. Applications are available in the Office of the Town Clerk. No kennel license shall be granted until the following procedures have been adhered to:

 an opinion in writing from the Building Inspector that its issuance would not violate any Zoning By-low, Rule or Regulation.  an opinion in writing from Health Officer/Agent that the maintenance of a kennel will not result in a health hazard or be injurious to the health of the neighbors by reason of prospective noise or otherwise.

A two-part dog license form is completed with the following information:

Type of Dog - Male, female, neutered, spayed Date of Spaying/Neutering Fee Paid Tag Number Date of Issue/Date of Expiration of License Breed of Dog Color of Dog Age of Dog Weight of Dog Name of Dog Dog Owner/Keeper Address of Owner/Keeper Telephone Number of Own.er/Keeper Date of Expiration of Rabies Inoculation License is in two parts, original top copy to the Owner/Keeper; second copy kept in the office of the Town Clerk to be rehired until the next audit.

Section 1. No owner or keeper of a dog shall permit the dog to go beyond the confines of the property of the owner or keeper unless the dog is held firmly on a leash or attended by a person exercising control of such dog.

Section 2. The Dog Officer may apprehend and impound any dog, which he determines to be in violation of Section 1.

Section 3. The Dog Officer, upon apprehending any dog, shall make a complete registry, entering the breed, color and sex of such dog, its license number, and the name and address of the owner if known.

Section 4. If the owner of an impounded dog is known, such owner shall be given notice of the impounding within three days thereof. Such owner may reclaim the dog upon payment of a fee determined by the Dog Officer with the approval of the Board of Selectmen, together with any unpaid license fees, late fees, fines and reasonable costs incurred by the Town for impounding and maintaining the dOg.

Section 5. A. late fee of $25.00 shall be assessed if a dog is not licensed on or before September 1 each year. Late fee will be noted on license copy. Letters will be sent to delinquent dog owner/keeper during August each year, notifying them that the dog has not been licensed and a late fee will be charged if not licensed on or before September 1.

The names and addresses of all dog owners/keepers in violation of this section for non-payment shall be turned over to the Treasurer/Collector to pursue all collection procedures allowed by law. (Amended 2/24/2009, Adopted 4/2/2009)

Section 6. No person shall keep within the Town any dog which by biting, barking, howling or in any other manner disturbs the peace and quiet of any neighborhood or endangers the safety of any person, domesticated animal including dogs and cats, and farm animals. No owner or keeper of a dog shag permit the dog to perform its natural body functions on property other than that of the dog owner or keeper without approval of said property owner.

Section 7. The Dog Officer is hereby authorized to seek a complaint against the owner or keeper of a clog who is found to have violated Section 1 or 6 of this By-law and impose fines and reclaiming fees with the approval of the Board of Selectmen.

Section 8. In addition to the foregoing fines and reclaiming fees, the Dog Officer is also authorized and empowered to muzzle, restrain or order the owner or keeper of a dog to muzzle or restrain a dog pending a hearing before the Board of Selectmen as hereinafter provided, when the Dog Officer finds that a. a dog has bitten or threatened any person, domesticated animal including dogs and cats, and farm animals, b. a dog has chased any vehicle upon any way open to public travel in the Town, or, c. The owner or keeper has violated any provisions of this By-law more than three times in any calendar year.

Section 9. The owner or keeper of any dog that has been ordered muzzled or restrained under the provisions of Section a may request the Dog Officer in writing to vacate such order. If such order is not vacated, the owner of such dog may bring a petition in the, District Court praying that the order of restraint be reviewed by the court as provided in Massachusetts General Laws, Chapter 140, Section 157, as amended.

Section 10. In addition to any other statutory authority contained in Massachusetts General Laws, Chapter 140, the Dog Officer may enter a complaint with the Board of Selectmen to the control or disposition of any dog found to be uncontrollable or whose owner or keeper is unresponsive to any other penalties contained in this By-law.

Section 11. Fees, Fines and Reasonable Costs a. The Dog Officer, with the approval of the Board of Selectmen is authorized to change or increase reclaiming fees from time to time and take such action as may be required in order to enforce this provision. License and late fees shall be changed by town meeting action. b. 1. Violations of Dog Restraining Order 1st Offense $25.00 2nd Offense $35.00 3rd Offense $50.00 4th Offense $100.00

If there has been no subsequent violation within one calendar year, the violation schedule shall begin again with the 1st Offense upon another violation. 2. Dog Bite 1st Offense $25.00 2nd Offense $35.00 3rd Offense $50.00

If there has been no subsequent violation within one calendar year, the violation schedule shall begin again with the 1st Offense upon another violation. 3. Dog found in schoolyard $15.00 4. Failure to comply with order of restraint $35.00 5. Failure to comply with notice to kill or Confine $60.00 6. Failure to vaccinate dogs against rabies $50.00

c. Whoever violates any provision of this By-law or any order of the Dog Officer issued pursuant to this By-law shall be subject to a fine determined by the Dog Officer with the approval of the Board of Selectmen except for licensing and late fees which will be voted at a town meeting, Each day on which any such violation continues shall be considered a separate violation of this section, All fees fines and receipts shall be paid into the general fund.

ARTICLE XXXXIIII Prohibition of Smoking in Public Places and Workplaces

A. Statement of Purpose: Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose, and throat; and whereas the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke [hereinafter ETS], which includes both exhaled smoke and the side stream smoke from burning tobacco products, causes the death of 53,000 Americans each year (McGinnis JM, Foege W, "Actual Causes of Death in the United States", JAMA 1993 270:2207-2212); and whereas the Ninth Report on Carcinogens of the Public Health Service's National Toxicology Program classified secondhand smoke as a known human carcinogen (U.S. DIMS, 2000) and the International Agency for Research on Cancer (IARC) of the World Health Organiza- tion also classified secondhand smoke as a known human carcinogen (IARC-WHO, 2002); now, therefore, the Town of Bridgewater recognizes the right of those who wish to breathe smokefree air and establishes this by-law to:

 Protect and improve the public health and welfare by prohibiting smoking in all public places and work- Places;  Assure smokefree air for everyone;  Recognize that the need to breathe smokefree air shall have priority over the desire to smoke in enclosed public places and workplaces;  Set a healthful example for youngsters by creating a smokefree community. B. Definitions: For the purposes of this by-law, the following words shall have the meanings respectively ascribed to them by this paragraph: Bar: An adult-only establishment whose business is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. ReNienue generated from the serving of alcoholic beverages must be equal to or greater than eighty percent (80%) of the total combined revenue generated by the service of such beverages and food. Revenue figures to be considered as evidence for the purpose of this bylaw are those used in calculating the meal tax amount required to be filed with the Massachusetts Department of Revenue for the preceding year. Business Agent: An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment. Board: The Board of Health of the Town of Bridgewater. Employee: Any person who performs services for an employer. Employer: A person, partnership, association, corporation, trust, or other organized group of individuals, including the Town of Bridgewater or any agency thereof, which utilizes the services of one (1) or more employees. Enclosed: A space bounded by walls (with or without windows) continuous from the floor to the ceiling and enclosed by doors, including, but not limited to, offices, rooms and halls. Health Care Facility: Any office or institution providing care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions including but not limited rehabilitation hospitals or other clinics, including 'Weight control clinics, nursing homes, homes for the aging or

chronically ill, laboratories, offices of any surgeon, chiropractor, physical therapist, physician, dentist and all specialists within these professions. Person: Any individual, firm, partnership, association, corporation, company or organization of any kind including, but not limited to an owner, operator, manager, proprietor or person in charge of any building, establishment, business, or restaurant or retail store, or the business agents or designees of any of the foregoing.

Private Club: A not-for-profit establishment created and organized pursuant to M.G.L. Ch. 180 as a charitable corporation with a defined membership. A private club is not a place of public accommodation but rather distinctly private. Criteria used to determine whether a club is distinctly private include, but are not limited to, those factors identified in 204 CMR 10.02. If the private club holds an alcoholic beverage license, said license shall be a "club license" or a "war veterans club license" as defined in M.G.L. Ch. 138, §12 and by the Massachusetts Alcohol Beverage Control Commission. Said license is subject to the terms set forth by the local licensing authority. Public place: Any building, facility or vehicle owned, leased, operated or occupied by the municipality, including school buildings and grounds; any enclosed area open to the general public including, but not limited to, bars, restaurants, retail stores, retail food stores, supermarkets, libraries, museums, theaters, banks, laundromats, indoor sports arenas, auditoriums, inn/hotel motel lobbies, private and public educational facilities, shopping malls, common areas of residential buildings, public restrooms, lobbies, staircases, halls, exits, entrance ways, elevators accessible to the public, public mass transit conveyances and indoor platforms and enclosed outside platforms, open meetings of a governmental body as defined in section 11A of chapter 30A, section 23A of chapter 39 and section 9F of chapter 34, and licensed child-care locations. Restaurant: Any coffee shop, cafeteria, sandwich shop, private and public school cafeteria and other eating establishment which gives or offers food for sale to the public, guests, or employees for on-premises consumption, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. Retail Food Store: Any establishment commonly known as a supermarket, grocery store, bakery or convenience store, or any other establishment which offers food items to the public for off-premises consumption. Retail Store: Any establishment whose primary purpose is to sell or offer for sale to consumers any goods, wares, merchandise, articles or other things. Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other tobacco product in any foam. Town: The Town of Bridgewater. Workplace: Any enclosed area of a structure or portion thereof at which one(1) or more employees perform services for their employer.

C. Smoking Prohibited: 1. Smoking is prohibited in all workplaces and all public places. 2. It shall be unlawful for any employer or other person having control of the premises upon which smoking is prohibited by this by-law or the business agent or designee of such person, to permit a violation of this by- law. D. Posting notice of prohibition: Every person having control of premises upon which smoking is prohibited by and under the authority of this bylaw shall conspicuously display upon the premises "No Smoking" signs provided by the Massachusetts Department of Public Health and available from the Bridgewater Board of Health or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) and comparable in size to the sign provided by the Massachusetts Department of Public Health and available from the Bridgewater Board of Health.

E. Exceptions: Notwithstanding the provisions of Paragraph D of this by-law, smoking may be permitted in the following places and/or circumstances:

1. Private residences, except those portions used as a child care or health care office when operating as such. F. Violations: Any employer, or his or her business agent, who violates any provision of this by-law, the violation of which is subject to a specific penalty, may be penalized by the non-criminal method of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21D or by filing a criminal complaint at the appropriate venue. It shall be the responsibility of the employer, or his or her business agent, to ensure compliance with all sections of this by-law. The violator shall receive: 1. In the case of a first violation, a fine of one hundred dollars ($100.00). 2. In the case of a second violation with 24 months of the date of the first violation, a fine of two hundred dollars ($200.00). 3. In the case of three or more violations within 24 months of the current violation, a fine of three hundred dollars ($300.00). G. Enforcement: This by-law shall be enforced by the Board of Health, its designees, and/or the Bridgewater Police Department.

One method of enforcement may be periodic, unannounced inspections of those establishments subject to this by-law. Any citizen who desires to register a complaint under this by-Iaw may request that the Board of Health initiate an investigation. H. Severability: If any paragraph or provision of this by-law is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions. I. Conflict with Other Laws or Regulations: Not withstanding the provisions of the foregoing Paragraph D of this by-law, nothing in this by-law shall be deemed to amend or repeal applicable fire, health or other regulations so as to permit smoking in areas where it is prohibited by such fire, health or other regulations. Effective Date This by-law shall be effective as of September 1, 2003 (Voted: May 5, 2003) (Adopted: August 19, 2003)

ARTICLE XLIV COMMUNITY PRESERVATION COMMITTEE

Sections: Establishment. Duties Requirement for a quorum and cost estimates Amendments. Severability Effective Date

Establishment There is hereby established a Community Preservation Committee (the Committee), consisting of nine (9) voting members pursuant to MGL C. 44B. The composition of the Committee, the appointment authority and the term of office for the Committee members shall be as follows:

(1) One member of the Conservation Commission as designated by the Commission (2) One member of the Historical Commission as designated by the Commission. (3) One member of the Planning Board as designated by the Board. One member of the Parks Department as designated by the Department. If no Parks Department exists, one member of the Recreation Department as designated by the Recreation Department. (4) One member of the Housing Authority as designated by the Authority. (5) One resident of the Town as designated by the Board of Selectmen.

(7) One member of the Master Plan Implementation Committee as designated by the Master Plan Implementation Committee. (8) One member of the Open Space Committee as designated by the Open Space Committee (9) One member of the Housing Partnership as designated by the Partnership.

Initially, the members designated by the Conservation Commission, Historical Commission and Planning Board will serve for three (3) years; the members designated by the Parks or Recreation Department and the Housing Authority and the Master Plan Implementation Committee will serve for two (2) years, and the members appointed by the Housing Partnership and Capital Planning Committee and the resident appointed by the Board of Selectmen will serve for one (1) year. Subsequent appointments shall be for a term of three years or until the person no longer serves in the position or on the board or committee as set forth above, whichever is earlier.

Should any of the Commissions, Boards, Councils, or Committees who have appointment authority under this Chapter be no longer in existence for whatever reason, another Commission, Board, Council or Committee of similar purview--as determined by the Board of Selectmen--shall gain such appointment authority.

Duties (1). The Committee shall study the needs, possibilities, and resources of the town regarding community preservation_ The Committee shall consult with existing municipal boards, including the. Conservation Commission, the Historic District Commission, the Historical Commission, the Planning Board, the Park Stewardship Council, the Recreation Department and the Housing Authority, the Housing Partnership, the Master Plan Implementation Committee, and the Capital Planning Committee or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the Committee shall hold one or more public informational hearings on the needs, possibilities and resources of the town regarding community preservation possibilities arid resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the town. The Committee shall make recommendations to the Town Meeting for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation and preservation of land for recreational use; for the creation, preservation and support of community housing and for the rehabilitation or restoration of open space, land for recreational use and community housing that is acquired or created as provided in this section. With respect to affordable housing, the Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.

(2). The Committee may include, in its recommendation to the Town Meeting, a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund (the Fund) to accomplish that specific purpose or to set aside for later spending for general purposes that are consistent with community preservation. The Committee may recommend the issuance of general obligation bonds or notes in anticipation of revenues to be raised pursuant to section 3 of the Community Preservation Act (the Act), the proceeds of which shall be deposited in the Fund. Bonds or notes so issued may be at such rates of interest as shall be necessary and shall be repaid as soon after such revenues are collected as is expedient. The Town shall make every effort to limit the administrative, costs of issuing such bonds by cooperating with other cities and towns using methods including, but not limited to, common issuance of bonds or common retention of bond counsel. Except as otherwise provided in this chapter, bonds or notes issued pursuant to this section shall be subject to the applicable provisions of said Chapter 44. The maturities of each issue of bonds or notes issued under this chapter may be arranged so that for each issue the amounts payable in the several years for principal and interest combined shall be as nearly equal as practicable in the opinion of the officers authorized to issue bonds or notes or, in the alternative, in accordance with a schedule providing for a more rapid amortization of principal.

As provided in the Act, no expenditures shall be made from the Fund without the approval of Town Meeting. (4)._ The Committee shall submit an annual administrative and operating budget for the Committee, which cannot exceed five percent (5%) of the annual revenues in the Fund, to Town Meeting for approval. (5). The Committee shall provide a summarized report and explanation in the Annual Report in such a manner to give the citizens a fair and full understanding and methods of such expenditures.

Requirement for a quorum and cost estimates The Committee shall not meet or conduct business without the presence of a quorum. A majority of the members of the Committee (5 of 9) shall constitute a quorum. The Committee shall approve its actions by majority vote. Recommendations to the Town Meeting shall include their anticipated costs.

Amendments This Chapter may be amended from time to time by a majority vote of the Town Meeting, provided that the amendments would not cause a conflict to occur with said, Chapter 44B.

Severability In case any section, paragraph or part of this chapter be for any reason declared invalid or unconstitutional by any court of last resort, every other section, paragraph or part shall continue in full force and effect.

Effective Date This by-law shall take effect upon approval by the Attorney General of the Commonwealth, and after all requirements of M.G.L. c.40, S. 32 have been met. Each appointing authority shall have thirty days after approval by the Attorney General to make its initial appointments.

Executive Summary: The purpose of this bylaw is to establish a Community Preservation Committee pursuant to Massachusetts General Law Chapter 44B. This Committee will include nine members and will study the needs, possibilities and resources of the town regarding community preservation. The Committee shall make recommendations to Town Meeting for the expenditure of funds from the Community Preservation Fund for community preservation purposes. (Voted: November 14, 2005 under Article 4) (Adopted December 29, 2005)

LAWS & ACTS ACCEPTED BY VOTE OF THE TOWN OF BRIDGEWATER

ARTICLE XLV PUBLIC TREES AND PUBLIC SHADE TREES BY-LAW (Voted May 8, 2007 & Adopted by A.G. Sept. 12, 2007

Section 1. Authority This By-Law is based on MGL, Chapter 87, Shade Trees, and MGL, Chapter 242, Waste and Trespass. It is meant to provide further clarification, implementation and enforcement of procedures applicable to the town of Bridgewater.

Section 2. Purpose Bridgewater is committed to maintaining and protecting its natural resources in order to enhance the quality of life of its citizens. It is a well established fact, that Trees, Shrubs, and Plants moderate the negative affects of pollution, temperature and water runoff. The trees and other vegetation growing along its roads contribute to the health of its citizens and beauty of the environment. Wildlife habitats are sustained and the rural character of the community differentiates it from more urban surroundings. In concert with the Master Plan, and Town bylaws, the economic value of the landscape along its roads, appeals to one's aesthetic sensitivity and connotes a sense of stability in commercial and residential areas.

Section 3. Definitions

Hazardous Tree: A tree with structural defects likely to cause failure to all or part of the tree, which could strike a target such as a person, vehicle, utility lines, structures, or block public ways.

Public Tree: Any tree on public land, including public shade trees.

Public Shade Tree: A tree growing within or on the boundary of the public right-of-way and subject to the Provisions of MGL, Chapter 87. In Bridgewater a tree may also be considered to be in the public way if either its root system or its branches extend into the public way as determined by the Tree Warden, Highway Department or Planning Board. A tree on a private way that has been laid out such that it will remain open to the public.

Tree Warden: The elected town official responsible for implementing and enforcing state and town laws and policies regarding trees subject to appeal to the Board of Selectmen as herein provided.

Section 4. Abuse or Mutilation of Public Shade Trees Public shade trees shall not be cut, broken, defaced, mutilated, set fire to, or permit a fire such that its heat will injure any portion of the tree, shrub or plant. Nailing of signs, posters, handbills, paint and rope or wire (other than that used to support a young or injured tree) is prohibited. Attaching electrical conduits, telephone or cable wires, allowing gaseous liquid or solid substances which are harmful to a tree, its leaves or root system are prohibited. Temporary stringing of holiday lights that are in compliance with the above may be permitted.

No person shall, without lawful authority, remove, cut, deface, mutilate or apply paint to any tree, bush or flower or plant growing on land held under the jurisdiction of any Town board.

Section 5. Replacement of Public Shade Trees Any person, firm, corporation or agency that in the course of construction or subdivision development wishes to remove any living Public Shade Tree with a caliper 1.5" or greater at 5 feet above grade level shall, in accordance with Chapter 87 Section 3 of the Massachusetts General Laws, obtain a permit from the Tree Warden; and, if removal is permitted, shall at no cost to the Town, within the spring or fall months following completion of construction, replace in locations specified by the Tree Warden a number of smaller trees determined to be equivalent on the following basis: The total caliper of all replacement trees shall equal or exceed the total caliper of all trees to be removed. Replacement trees shall be balled and burlapped and of a caliper not less than 2 " in diameter at 5' above grade level. Species, caliper and location of replacement trees shall be determined by the Tree Warden at the time of issuance of the permit and/or hearing.

The Tree Warden may require a bond, escrow account, irrevocable letter of credit, or other surety to ensure Public Shade Tree replacement. Such surety may be held for one year from the date of planting to ensure survival of the replacement trees. At the option of the applicant, the Town may, upon payment of an agreed-upon sum, replace said trees according to the standards herein set forth.

When highway or utility projects require the removal of public shade trees, the cost of tree replacement shall be included in the cost of the project

Section 6. Construction Activities Affecting Public Shade Trees: A 12 foot square barrier shall be placed around any tree including its roots and branches where excavation, construction or repair of a building, structure or road work is taking place. No person shall excavate any ditches, tunnels, trenches, lay any driveway, turn around or parking facility or place building material, chemicals, or other materials which may prohibit the tree from getting water, air and fertilizer including excess dirt or other debris, within this barrier without first obtaining a permit from the Tree Warden.

Section 7. Authorization Procedures For Tree Removal Public shade tree removal procedures are the responsibility of the Tree Warden. These procedures assure compliance with state and federal law and are intended to prevent hasty or ill-considered destruction of valuable town assets.

Tree Removal Permit: Any person wishing to cut, trim or remove a public shade tree, shrub or plant within the public way must obtain a written permit from the Tree Warden. The permit enables the person to a public hearing as specified in MGL, Chapter 87,Section 3. The person requesting the permit shall bare all costs for the hearing as determined by the Tree Warden and payable upon receiving the permit. This applies to all projects that involve construction of structures, roads, sidewalks, and delivery of water/sewer and utility systems.

Tree Removal Contractor: A contractor engaged in the business of pruning, trimming or removing trees must be licensed and approved by the Tree Warden in compliance with A.N.S.I.Z-133 and N.A.A. standards. The tree removal contractor shall provide certificates of insurance as follows: 1. $ 100,000. Workmen's Compensation

2. $ 300,000. Bodily Injury 3. $ 300,000. Property Damage 4. $1,000,000. Excess Liability

Tree Removal Applicant: Upon successful completion of the Permit and Hearing process, the applicant shall pay for the following: 1. Tree Removal contractor. 2. A bond in a form and amount approved by the Tree Warden, prior to commencement of work. The Bond will be released after the successful completion of all items of work. Such surety may be held for up to one year from date of planting of replacement tree(s) to ensure their survival. 3. All legal advertising/notices/mailings. 4. Cost of shrub, plant, tree and stump removal including disposal of all debris and grading the area with loam. 5. Cost of police traffic details, repair of road and shoulder, protection and restoration of utilities and structures. 6. All other costs related to the tree, shrub and plant removal and replanting. 7. Replanting of replacement tree(s) etc. at the discretion of the Tree Warden with consultation of the Forestry Dept. and the Bridgewater Improvement Association when appropriate.

The Tree Warden has jurisdiction over all public shade trees, shrubs, and plants in the town of Bridgewater. Nothing in this By-Law shall prohibit the Tree Warden from refusing to permit the removal of a non-hazardous tree. The Tree Warden may refuse to grant the permit for the removal of a non-hazardous tree if in his/her judgment, the tree is of historic or scenic value, of a size or species unique to this area, beneficial to wildlife or a healthy, significant specimen for this landscape. Likewise, any tree or shrub growing within the public right of way which may endanger the life, health, safety or property of the public, or public's needs for services may at the determination of the Tree Warden cause the tree, or shrub to be trimmed or removed. These may include but are not limited to hazardous trees.

SECTION 8: Penalties Any person who cuts, trims, damages or removes a public shade tree without a permit and hearing as required by law shall be subject to cumulative fines as follows:

 Up to $500. as provided by MGL, Chapter 87, Section 6.  A fine of $20. under provisions of MGL, Chapter 87, Section 2.  The value of the wood. . Triple damages under MGL Chapter 242, Section 7.

Violation of any provision of this By-Law shall, in cases not otherwise provided for, forfeit and pay for each offense, a fine not exceeding $100.00 per each two inch caliper. The Town requires replacement of any public shade tree over 1.5 inches in diameter. The value of the existing shade tree is to be calculated on a two inch for one inch replacement basis. (Inch-by-inch bylaw) For example, if an 18 inch diameter tree, measured five feet above grade is to be removed, the applicant must sufficiently reimburse the Town for purchase and planting of nine, two inch diameter replacements. Replacements shall be at least two inch in diameter, B&B nursery grown stock. The Tree Warden may determine the species. At the discretion of the Tree Warden, the person who removed the tree shall either:

Arrange to plant suitable replacements using his own contractor working to the Town's specifications, or Make a contribution to the Town to be used exclusively for the purchase and planting of replacements, and related expenses.

If an applicant proposes to trim or prune a public shade tree, and in the opinion of the Tree Warden the proposed work will drastically affect the health, beauty, structural stability, or safety of the tree, the Tree Warden may consider the proposed work to have the same effect as the removal of the tree and require appropriate replacement plantings as indicated above.

Decisions made by the Tree Warden in granting or denying a permit may be appealed to the Board of Selectmen within ten (10) days from the date of the decision.

Severability: If any provision of these policies or regulations is declared invalid, the remaining portions shall remain valid.

Section 9. BY-LAW VIOLATION: Non-criminal disposition Whoever violates any provision of this By-Law may be penalized by a non-criminal disposition as provided by MGL, Chapter 40, Section 21D, in relation to all fines assessed that do not exceed the sum of $200.00.

Laws and Acts Accepted by Vote of The Town of Bridgewater, Massachusetts 1. Chapter 514 Section 42 Acts of 1909 An Act Relative to the Eight Hour Work Day Accepted March 7, 1914 2. Chapter 423 Acts of 1909 An Act Relative to Lord's Day Licenses Accepted March 1, 1920 3. Chapter 503 Acts of 1912 An Act Relative to Pensioning Laborers in the Employ of Cities and Town Accepted November 1912 4. Chapter 807 Acts of 1913 An Act to Provide for Compensating Certain Public Employees for Injuries Sustained in the Course of Their Employment Accepted March 7, 1914 5. Chapter 217 Acts of 1914 An Act Relative to Vacations of Laborers Employed by Cities and Towns Accepted November 3, 1914 6. Chapter 688 Acts of 1914 An Act Relative to Make Saturday a Half Holiday, without Loss of Pay, for Laborers, Workmen and Mechanics by or on Behalf of the Commonwealth and Otherwise to Regulate their Employment Accepted November 3, 1914 7. Chapter 790 Acts of 1914 An Act Relative for the Abolition of Party Enrollment at Primaries Accepted November 3, 1914 8. Chanter 179 Acts of 1916 An Act to Prevent the Voters of One Political Party from Voting in the Primaries of Another Political Party Accepted November 7, 1916 9. Chapter 293 Acts of 1916 An Act to Authorize the Licensing by Cities and Town of Motor Vehicles Carrying Passengers for Hire Accepted march 10, 1917 10. Chapter 153 Secs. 1.2.3 Acts of 1916 An Act Relative for the License Fee for Slaughter Houses in Towns Having Less Than Ten Thousand Inhabit- ants Accepted March 12, 1921 11. Chapter 311 Acts of 1919 An Act Relative to the Establishment and Maintenance of Continuing Schools and Courses of Tnstruction for Employed Minors Accepted November 4, 1919 12. Chapter 41 Section 25A General Laws of the Commonwealth Appointment, etc. of Assistant Assessors by Assessors Accepted March 12, 1921 13. Chapter 66 Acts of 1923 An Act Relative to the Terms of Office of Town Treasurers and Collectors of Taxes Accepted March 8, 1923 14. Chapter 45 Section 15 General Laws of the Commonwealth Obligation to Provide Playgrounds Accepted March 3, 1924 15. Chapter 41 Section 97 General Laws of the Commonwealth Police Departments of Certain Towns Accepted March 8, 1924 16. Chapter 48 Secs. 42.43.44 General Laws of the Commonwealth Fire Departments in Certain Towns Accepted March 8, 1924 17. Chapter 139 Secs. 1.2.3 General Laws of the Commonwealth 1. Burnt or Dangerous Buildings, etc. - How Disposed of 2. Appeal to Superior Court 3. Nuisances May Be Abated, etc. Accepted March 8, 1924 18. Chapter 15 Acts of 1925 An Act Authorizing the Town of Bridgewater to Supply Itself and Its Inhabitants With Water Accepted February 21, 1925 19. Chapter 40 Secs 42A. 42F General Laws of the Commonwealth These concern Water Rates, Collection, Powers and Duties of Collectors, unpaid Rates, Abatements and Appeals Accepted April 25, 1925

20. Chapter 40 Section 13 General Laws of the Commonwealth Relative to the Establishment and maintenance of a Municipal Building Insurance Fund Accepted March 6, 1926

21. Chapter 40 Section 13A General Laws of the Commonwealth Amended by Chapter 234 of the Acts of 1923 Workmen's Compensation Insurance Funds Accepted March 6, 1926 22. Chapter 406 Acts of 1928 An Act to Permit Certain Sports and Games on the Lord's Day Accepted April 5, 1929 23. Chapter 140 Section 47 General Laws of the Commonwealth Licenses for Coffee Houses, etc. Fee, Term, etc. Penalty Accepted March 8, 1934 24. Chapter 31 Section 48 General Laws of the Commonwealth Members of Police and Fire Forces and Chiefs of Police and Fire Departments in Cities and Towns Accepting Section Accepted March 9, 1935 25. Chapter 559 Acts of 1946 An Act Authorizing Increases of the Amounts of Pensions Payable to Certain Former Public Employees Who Have Been Retired Accepted March 8, 1947 26. Chapter 472 Acts of 1948 An Act Authorizing the Town of Bridgewater to Construct and Operate a System of Sewers Accepted August 23, 1948 27. Chapter 41 Section 110A General Laws of the Commonwealth Closing of Public Offices in Cities and Towns on Saturdays Accepted march 9, 1957 28. Chapter 44 Section 65 General Laws of the Commonwealth Advance of Vacation Pay to Officers and Employees Accepted March 9, 1957 29. Chanter 71 Section 65 General Laws of the Commonwealth Providing for the Establishment of a Regional School District together with the Town of Raynham and the Construction, Maintenance, and Operation of a Regional School by said District, in Accordance with the Provisions of a Proposed Agreement Filed with the Selectmen Accepted February 19, 1959 30. Chapter 40 Section 8C General Laws of the Commonwealth Conservation Commission; Establishment, Powers and Duties Accepted March 2, 1964 31. Chapter 54 Section 103A General Laws of the Commonwealth Applicable to City and Town Elections (Absentee Voting) Accepted March 7, 1967 32. Chapter 90 Section 20C General Laws of the Commonwealth Violation of Parking Regulations, etc. in Certain Cities and Towns; Notice Appearances; Schedule of Fines; Proceedings not Criminal Accepted June 19, 1967 33. Chapter 751 Acts of 1965 An Act: Authorizing the Formation of A Vocational Regional School District by the City of Taunton and the Towns of Berkley, Bridgewater, Dighton, Middleborough, Raynham, Rehoboth and Seekonk Accepted March 4, 1968 34. Chapter 45 Section 1-9. 14 General Laws of the Commonwealth Parks, Election Parks Commissioner, Appointment, Removal, Purchase of Land for Parks, Power of Park Commissioners, Park Concessions, Betterments, Erection of Buildings on Parks, Layout and Use of Playgrounds Accepted October 12, 1971 35. Chapter 44 Section 53C General Laws of the Commonwealth Deposit and Expenditure of Monies Received for Off Duty Work Detail of Police Accepted March 6, 1973 36. Chapter 667 Acts of 1954 (and Acts in Amendment thereof and addition thereto. to be known as State Aided Housing Project 667-2) Bridgewater Housing Authority, Project for the Elderly Accepted March 12 1969 (Construction of housing for elderly June 3, 1974) 37. Chapter 40 Section 8D General Laws of the Commonwealth Historical Commission; Establishment, Powers and Duties Accepted November 18, 1974 38. Chapter 31 Section 4 General Laws of the Commonwealth Position to be included Civil Service 39. Chapter 32 Section 8G General Laws of the Commonwealth Agreements for Mutual Police Aid Programs Accepted August 9, 1976 40. Chapter 41 Section 81a General Laws of the Commonwealth Planning Board, Establishment, Powers and Duties Accepted March 5, 1956 41. Chapter 40 Section 8A General Laws of the Commonwealth Industrial Development Commission, Establishment, Powers and Duties Accepted March 3, 1958 42. Chapter 40 Section 22D General Laws of the Commonwealth 55

Towing Vehicles Illegally Parked Accepted November 4, 1977

43. Chapter 40 Section 8E General Laws of the Commonwealth Youth Commission; Establishment, Powers and Duties Accepted May 9, 1977 44. Chapter 138 Section 1 General Laws of the Commonwealth Alcoholic Beverages Accepted November 18, 1974 45. Chapter 53 Section 9A General Laws of the Commonwealth Nomination Papers; Outstanding; Final Date Accepted May 2, 1978 46. Chapter 32B Section 9A General Laws of the Commonwealth Group Life Insurance Accepted March 2, 1963 47. Chapter 148 Section 26 General Laws of the Commonwealth (Smoke Detectors; Residential Building Containing Five Prior to January 1, 1975.) Accepted May 5, 1980 48. Chapter 148 Section 26C General Laws of the Commonwealth Installation of Smoke Detectors Accepted June 2, 1980 (Special) 49. Chapter 90 Section 7L General Laws of the Commonwealth Bus drivers Shall Not Allow the Number of School Children Riding the Bus at any one time to Exceed the Number of Seats (Excepting Clause 2 of Section 7B of Chapter 90). Accepted June 2, 1980 (Special) 50. Chapter 40 Section 4G General Laws of the Commonwealth Bids, 4,000 Maximum 51. Chapter 148 Section 26G General Laws of the Commonwealth Sprinkler System Accepting June 13, 1983 52. Chapter 270 Section 16 General Laws of the Commonwealth Health Agent Enforcement Accepted June 13, 1983 53. Chapter 60A Section 1 General Laws of the Commonwealth Excise Tax Accepted June 13, 1983 54. Chapter 40 Section 22D General Laws of the Commonwealth Traffic Regulations (as Amended) Accepted November 14, 1977 55. Chapter 262 Section 34 General Laws of the Commonwealth As amended by Section 73 of Chapter 32A, Acts of 1980 Free Schedule 56. Chapter 597 Acts of 1982 General Laws of the Commonwealth Amended – Chapter 60, Section 1 57. Chapter 40 Section 8G General Laws of the Commonwealth Mutual Police Aid Accepted August 9, 1976 58. Chapter 40 Section 8E General Laws of the Commonwealth Inserted by Chapter 391 Acts of 1969 Youth Commission Accepted May 9, 1977 59. Chapter 53 Section 9A General Laws of the Commonwealth Nomination Papers Accepted May 2, 1978 60. Chapter 808 Acts of 1975 General Laws of the Commonwealth Zoning By-Laws & Map Accepted June 13, 1978 61. Chapter 40 Section 8G General Laws of the Commonwealth As amended Accepted May 8, 1981 62. Chapter 90 Section 20A ½ General Laws of the Commonwealth Parking Regulations/Parking Clerk Accepted November 8, 1981 63. Chapter 138 Section 12B General Laws of the Commonwealth Nudity in Local Establishments 64. It was unanimously voted that the Town accept the provisions of Chapter 41, Section 108L of the General Laws of the Commonwealth of Massachusetts relative to the Police Department 65. It was voted that the Town accept the provisions of Chapter 131, Section 45 and Chapter 90B of the General Laws of the Commonwealth of Massachusetts relative to the Boating Regulations for Lake Nippenicket. Town Meeting, June 13, 1983 66. It was unanimously voted to accept the provisions of Massachusetts General Laws, Chapter 33, Section 59 and 59A as amended, providing for pay at an employee’s regular rate for an annual tour of duty not exceeding seventeen (17) days as a member of a Reserve component of the Armed Forces of the United States, to receive the same leaves of absences or vacation with pay given to other like employees or officials, and to be released from work without

compensation in order to attend assigned weekly and week-end drills which require absence from an employee’s normal scheduled work tour. Town Meeting, May 14, 1984 67. At the recessed Town Meeting held on May 28, 1986, the following was accepted: It was unanimously voted that the Town accept the provisions of Massachusetts General Laws, Chapter 551 of the Acts of 1985 amending Chapter 76 of the said General Laws, establishing a pupil absence notification program. 68. It was unanimously voted that the Town accept the provisions of Massachusetts General Laws, Chapter 59. Section 5. clause 17c as amended. (Abatement of $175.00 over 70 who own and occupy as a domicile.) 69. It was unanimously voted that the Town accept the provisions of Massachusetts General Laws, Chapter 59. Section 5, clause 41B as amended. (Over 70 $500.00 exemption if all requirements are met.) 70. It was unanimously voted that the Town accept the provisions of Massachusetts General Laws, Chapter 59„ Section 5. clause 37a as amended. (A $500.00 real estate tax exemption for blind persons.) 71. It was unanimously voted that the Town accept the provisions of Massachusetts General Laws Chapter 188. Section 13 of the Acts of 1985, which established a professional development grant program for the purposes of supplementing teacher compensation in cities, towns and regional school districts, educational collaborative or independent vocational schools, and authorize the Bristol Plymouth School District Committee to apply for and accept any funding which may be available to the Town pursuant thereto. 72. It was unanimously voted to accept the provisions of Chapter 41. Section 97a, of the General Laws of the Commonwealth of Massachusetts. (This supersedes Chapter 41, Sec. 97.) 73. It was unanimously voted that the Town accept the provisions of Massachusetts General Laws, Chapter 44, section 53E. (Recessed Town Meeting - June 13, 1988.) 74. It was unanimously voted that the Town authorize the Treasurer Collector with the Approval of the Selectmen, to enter into a compensating balance agreement or agreements for fiscal year 1988 pursuant to the Massachusetts General Laws, Chapter 44. section 53F. added by Chapter 740 of the Acts of 1985. 75. It was unanimously voted that the Town accept the provisions of Chapter 73 of the Acts of 1986, clauses 17D and 41C and also to accept the provisions of Section 4 of Chapter 73 of the Acts of 1986. 76. It was voted that the Town accept Massachusetts General Law Chapter 59. section 57A. (Unpaid tax bills in excess of $25.00) May 2, 1989 77. It was voted that the Town accept Massachusetts General Law Chapter 40. section 39K, an Act authorizing cities and towns to establish enterprise funds and to establish an Enterprise Fund for Solid Waste Disposal, landfill and other related activities, pursuant to the provisions of said Section 39K. May 2, 1989 78. It was voted that the Town accepted Massachusetts General Law Chapter 41. section 100G 1/4. (Funeral & burial expenses police/fire in the line of duty). June 22, 1992 79. It was voted that the Town accepted Chapter 40. section 57, added by Chapter 640 of the Acts of 1985-(see Article =al). May 7, 1990 80. It was voted that the Town accept Massachusetts General Law Chapter 44. section 53F 1/2 (Enterprise fund Senior Center and its operation). November 9, 1992 81. Massachusetts General Law Chapter 166 (amended to insert after section 32, section 32A) (voted by Selectmen - April 22, 1991). 82. It was unanimously voted that the Town accept the provisions of Massachusetts General Law Chapter 143, section 3Y. entitled Inspector of Buildings, building commissioner or local inspector; appointment, providing for the appointment of a inspector of buildings, building commissioner, or local inspector for a minimum term of three years. 83. It was voted that the town accept the provisions of Massachusetts General Law Chapter 138. section 12B, prohibiting nudity on any premises licensed under Massachusetts General Law Chapter 138. section 12 to serve alcoholic beverages. 84. It was voted that the Town pursuant to M.G.L. Chapter 262. Section 34, adopt a new fee schedule for the Town Clerk's fees, the schedule being available in the Town Clerk's office and posted on the Town bulletin board. June 13, 1995. 85. It was unanimously voted that the Town establish a revolving fund pursuant to M.G.L. Chapter 44. Section 53E1/2 for fiscal year 1998 to which shall be credited receipts received in connection with the operation of the Town Transfer Station. The programs and purposes for which funds from the revolving fund may be expended by the Board of health shall be limited to the Town Transfer Station, and shall not exceed $200,000.00. June 9, 1997 86. It was unanimously voted that the Town establish a revolving fund called the Home Composting Bin Account pursuant to M.G.L. Chapter 44. Section 53E-1/2 for fiscal year 1998, to which shall be credited receipts received from the sale of compost bins. The programs and purposes for which funds from the revolving fund may be expended by the Board of Health and shall be limited to the purchase of additional compost bins and shall not exceed $10,000.00. June 9, 1997 87. It was unanimously voted that the Town accept the provisions of M.G.L. Chapter 143. Section 3Z, Part Time Building Inspector, Building Commissioner, Local Inspector °I-Alternate Inspector Authorized to Engage in Private Practice or Employment. August 5, 1997

88. It was unanimously voted that the Town accept the provisions of M.G.L. Chapter 40, Section 81 and establish a Commission on Disabilities so as to cause the full integration and participation of people with disabilities in the Town, which Commission shall (1) research local problems of people with disabilities; (2) advise and assist municipal officials and employees in ensuring compliance with state and federal laws and regulations that affect people with disabilities; (3) coordinate or carry out programs designed to meet the problems of people with disabilities in coordination with programs of the Massachusetts Office on Disability; (4) review and make recommendations about policies, procedures, services, activities and facilities of departments, boards and agencies of the Town as they affect people with disabilities; (5) provide information, referrals, guidance and technical assistance to individuals, public agencies, businesses and organizations in all matters pertaMing to disability; (6) coordinate activities of other local groups organized for similar purposes. Voted November 13, 2001 89. It was unanimously voted that the Town accept the provisions of M.G.L. Chapter 59, Section 5K to authorize the Board of Selectmen to establish a program for persons over age 60 to provide volunteer services to the Town in exchange for reduction in real property tax obligations up to a maximum of $750.00 a given tax year. Voted November 13, 2001/amended November 14, 2002 90. It was unanimously voted that the Town accept the provisions of M.G.L. Chapter 140, Section 139 as voted by Chapter 369 of the Acts of 2002, providing that no fee shall be charged for a license for a dog owned by a person aged 70 years or over. Voted May 5, 2003 91. It was voted that the Town of Bridgewater accept the provisions M.G.L. Chapter 59, Section 5, Fifth B. The provision reads as follows: Fifth B, The real and personal estate belonging to or held in trust for the benefit of incorporated organizations of veterans of any war in which the United States has been engaged, to the extent of seven hundred thousand dollars, if used and occupied by such association, and if the net income from said property is used for charitable purposes; provided, however, that such estate shall not be exempt'for any year in which such association or the trustees holding for the benefit of such association willfully omit to file with the assessors the list and statement required by section twenty-'ine. This clause shall take effect upon its acceptance by any city or town. In a city or town which accepts the provisions this clause, the provisions of clause Fifth and Fifth A shall not be applicable. Voted May 5, 2003 92. It was unanimously voted that the Town accept the provisions of M.G.L. Chapter 140, Section 147A, empowering the Town to enact By-Laws and ordinances relative to regulation of dogs. Voted November 10, 2003 93. It was voted that the Town accept the provisions of M.G.L. Chapter 41 Section 81U, paragraph 12, authorizing the proceeds of subdivision bonds or deposits to be made available for expenditure to meet the costs and expenses in completing work under approved subdivision plans. Voted November 10, 2003 94. It was voted that the Town adopt, as part of the Town of Bridgewater General By-Laws, the provisions of M.G.L. Chapter 137 of the Acts of 2003: An Act relative to Public Employees Serving in the Armed Forces of the United States. Voted May 3, 2004 95. It was voted that the Town amend the Zoning Map by designating as Business B land situated Easterly of Mill St. containing 2.22 acres, owned by Allen McDonald as voted under Article 1, November 8, 2004. ** 96. It was voted that the Town amend the Zoning Map by designating as Business B land situated on northerly side of Pleasant St. as depicted on Assessors Map 72, Lot 15 as voted under Article 2, November 8, 2004. "' ** AMENDMENT TO ZONING MAP OF TOWN OF BRIDGEWA.TER**

97. It was unanimously voted that the Town accept the provisions of M.C.L. ch. 60, section 3C to authorize the Town, subject to the approval of the Commissioner of the Department of Revenue, to design and designate a place on Town tax bills, or the motor vehicle excise tax bills, or to mail with such tax bills a separate form, whereby the taxpayers of the town can voluntarily check off, donate and pledge an amount not less than one dollar ($1.00) or such other designated amount which shall increase the amount otherwise due, and to establish a Town scholarship fund, the purpose of which shall be to provide educational financial aid to deserving Town residents in accordance with this section and to establish a Town educational fund, the purpose of which shall be to provide supplemental educational funding for local educational needs or to provide funding for existing adult literacy programs.

(Any amounts donated to the scholarship fund or educational fund shall be deposited into a special account in the general treasury and shall be in the custody of the treasurer. There shall be a scholarship committee and educational fund committee to consist of the Superintendent of Schools or designee thereof, and no fewer than four residents of the city or town appointed by the Board of Selectmen to a term of three years. Such committee shall select the recipients of and amounts of financial aid from the scholarship fund and educational fund and shall be guided by any criteria established by the committee subject to any by- law and further subject to the following criteria:

(a) The recipients must be residents of the town at the time the financial aid is first awarded and have been accepted to pursue education beyond the secondary school level at an institution deemed accredited by the committee.

(b) The committee shall take into consideration each recipients financial need, character, scholastic record and involvement in community work as well as extracurricular school activities.)Voted May 2, 2005

98. It was voted that the Town accept the provisions of1v1.G.L. ch. 60. section 3D to authorize the Town, subject to the approval of the Commissioner of the Department of Revenue, to design and designate a place on the Town's tax bills, or the motor vehicle excise tax bills, or to mail with such tax bills a separate form, whereby the taxpayers of the Town may voluntarily check off, donate and pledge an amount not less than one dollar ($1.00) or such other designated amount which shall increase the amount otherwise due, and to establish Town aid to the elderly and disabled taxation fund for the purpose of defraying the real estate taxes of elderly and disabled persons of low income.

(Pursuant to relevant law, any amounts donated to said fund shall be deposited into a special account in the general treasury and shall be in the custody of the Treasurer. There shall be a taxation aid committee to consist of the Chairman of the Board of Assessors, the Town Treasurer and three residents of the city or town to be appointed by the Mayor or Board of Selectmen as the case may be. Said board shall adopt rules and regulations to carry out the provisions of this section and to identify the recipients of such aid.) Voted May 2, 2005

99. It was voted that the Town accept the provisions of M.G.L. C. 44, Sec. 53D to establish in the Town Treasury a revolving fund which shall be kept separate and apart from all other monies by the Treasurer and in which shall be deposited receipts received in connection with the conduct of recreation activities; that the principal and interest thereon shall be expended at the direction of the Recreation Commission without further appropriation but only with the mitten approval of the Board of Selectmen and only for the purpose of operating self supporting recreation services: provided that said funds shall not be used to employ or pay the salary of any employee or for the purchase of equipment; and provided further, that said revolving fund shall not exceed the sum of $10,000.00 and any amount in excess thereof shall be paid into the Town Treasury Commencing FY 1992. Voted November 13, 1990

100. It was voted that the Town pursuant to M.G.L. Chap. 44, Sec. 53E 1/2 , to establish in the Town Treasury a revolving limit which shall be kept separate and apart from all other monies by the Treasurer and in which shall be deposited annual fees received from Massachusetts Cablevision Industries, Inc. by the Town, separate and apart from B.T.V. Access Corporation receipts, that the principal of said account shall be expended at the direction of the Board, of Selectmen with the recommendation of the B.T.V. Access Corporation without further appropriation. Voted June 7, 1994

101. It was voted that the Town. pursuant to M.G.L. C. 44, Sec. 53E 1/2 to authorize a revolving fund for publications and books that are printed and sold to the public. Receipts from the sale by the Town Clerk's office of Street Lists, Town By-Law/Zoning By-Law Books, Subdivision Rules and Zoning Maps shall be credited to this revolving fund and the Chief Procurement Officer is authorized to expend from such fund up to a Emit of $10,000 for printing and other costs associated with said publication and books. Voted June 21,1993

102. It was unanimously voted that the Town accept the provisions of Chapter 44, Section 53F1/2 of the Massachusetts General Laws to establish a Recreation Enterprise Fund. Voted November 14, 2005 under Article 14. 103. It was voted that the Town accept the provisions of Chapter 77 of the Acts of 2005 which extends the operation of Chapter 137 of the Acts of 20G3 until September II, 2008 and requires the Town to pay the base salaries of employees called to active military service. Voted November 14, 2005 under Article 15 104. **it was unanimously voted the Town amend the revised Aquifer Protection District Overlay Map, dated January 26, 2005, as approved by the Department of Environmental Protection, and as shown, for the purposes of accepting the Zone 11's for the new wellfield ** Voted November 14, 2005 under Article 2

105. It was unanimously voted that the Town accept the provisions of Chapter 79 of the Acts of 2006: AN ACT FURHTER REGULATING MEETINGS OF MUNICIPAL BOARDS. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: Chapter 39 of the General Laws is hereby amended by inserting after section 23C the following section: Section 23D. (a) Notwithstanding any general or special law to the contrary, upon municipal acceptance of this section for 1 or more types of adjudicatory hearings, a member of any municipal board, committee or commission when holding an adjudicatory hearing shall not be disqualified from voting in the matter solely due to that member’s absence from no more than a single session of the hearing at which testimony or other evidence is received. Before any such vote, the member shall certify I writing that he has examined all evidence received at the missed session, which evidence shall include an audio or video recording of the missed session

60 or a transcript thereof. The written certification shall be part of the record of the hearing. Nothing in this section shall change, replace, negate or otherwise supersede applicable quorum requirements. (b) By ordinance or by-law, a city or town may adopt minimum additional requirements for attendance at scheduled board, committee, and commission hearings under this section. Explanation: This article will enable members of Town boards, commissions and committees who have been absent for a single session of a respective hearing of those bodies to remain voting members after having submitted written certification that the member has reviewed and audio or video recording of the missed session or a transcription thereof. Additionally, this article will authorize the Town to set attendance standards for these bodies. Voted Fall Special Town Meeting, November 13, 2006 under ARTICLE 9.

106. It was unanimously voted that the Town of Bridgewater accept the provisions of chapter 43D of the MA General Laws as amended pursuant to Section 11 of chapter 205 of the acts of 2006, and to approve the filing of a formal proposal with the Interagency Permitting Board for the designation as an overlay of land on Elm Street, Map 30, Parcels 1, 2, 3, 4, 5, 6, 7, 8, 11 and Map 44, Parcels 1, 2, 8, 9, 10, 11, 13. Voted Recessed Annual Town Meeting held on May 8, 2007 under ARTICLE 12.

107. It was unanimously voted that the Town accept the provisions of Chapter 59, Section 5L of the Massachusetts General Laws relative to property tax payment deferral for National Guard and/or Reservists. It was unanimously voted that the Town of Bridgewater accept the provisions of Chapter 260, Section 12 of the Acts of 2006, which amends Chapter 59 of the Massachusetts General Laws by inserting new Section 5L which allows that any taxes due under this Chapter by a member of the Massachusetts National Guard or Reservists, or a dependent of a member of the Massachusetts National Guard or Reservists to be deferred while that member is on active service outside the Commonwealth and for the next 180 days after that service with no interest or penalties assessed for any period before the expiration of those 180 days Voted Recessed Annual Town Meeting held on May 8, 2007 under ARTICLE 19.

108. It was unanimously voted that the Town accept the provisions of Chapter 148, Fire Prevention Sections 26H, 26I of the Massachusetts General Laws, “Multiple dwelling units; new construction, and Automatic sprinkler systems”. Voted Recessed Annual Town Meeting held on May 8, 2007 under ARTICLE 20.

109. It was unanimously voted that the Town accept the provisions of Section 16G of Chapter 83 providing for the deferral of charges for the use of common sewers to owner occupied property of those sixty-five (65) years of age or older receiving an exemption from property taxes pursuant to Massachusetts General Laws Chapter 59, Section 5, Clause Forty-First A. Voted Fall Special Town Meeting held on November 13, 2007 under ARTICLE 13.

110. It was unanimously voted that the Town accept the provisions of Section 42J of Chapter 40 providing for the deferral of charges for water supplied to owner occupied property of those sixty-five(65) years of age or older receiving an exemption from property taxes pursuant to Massachusetts General Laws Chapter 59, Section 5, Clause Forty-First A. Voted Fall Special Town Meeting held on November 13, 2007 under ARTICLE 14.

111. It was unanimously voted that the Town accept the provisions of Section 13B of Chapter 80 providing for betterment assessment deferral and recovery agreements with property owners sixty-five (65) years of age or over eligible for an exemption from property taxes pursuant to Massachusetts General Laws Chapter 59, Section 5, Clause Forty-First A. Voted Fall Special Town Meeting held on November 13, 2007 under ARTICLE 15.

112. It was voted that the Town of Bridgewater accept the provisions of chapter 43D of the MA General Laws as amended pursuant to Section 11 of chapter 205 of the acts of 2006, and to approve the filing of a formal proposal with the Interagency Permitting Board for the designation as an overlay of land beginning at a point on the southerly sideline of Pleasant Street at the Bridgewater and Raynham Town Line, thence; (See article for further description) Voted Annual Town Meeting May 4, 2009 under ARTICLE 20.

113. M.G.L. Chapter 40, Section 58 Municipal Liens It was unanimously voted that the Town allow the Town of Bridgewater to levee a municipal lien for unpaid municipal charges under Chapter 40, section 58. Voted Fall Special Town Meeting held on November 9, 2009 under ARTICLE 14.

114. It was unanimously voted that the Town accept the provisions of M.G.L. 152, sec 69 providing that the Town shall pay to laborers, workmen and mechanics, including such elected or appointed officers of the Town (excepting selectmen or members of the police or fire departments) employed by it who receive injuries arising out of and in the course of their employment, the compensation provided by chapter 152 of the General Laws, or to take any other action relative thereto. Explanation: The Town was informed by its insurer that certain elected or appointed officials, other than selectmen, will not be covered by workers’ compensation insurance unless the Town accepts the provisions of the statute. Voted Fall Special Town Meeting held on November 9, 2009 under ARTICLE 19. 61

115. It was unanimously voted that the town will vote to authorize the Town of Bridgewater to require the owners of rental property to post all required information under 150 CMR 410 regarding owners name and contact information in each apartment or common area. Failure to post or removal of this information will result in a fine of $250 issued under MGL 40 21D, to the owner and/or the tenant. Voted Annual Town Meeting May 3, 2010 under ARTICLE 20.

116. It was voted that the town accept MGL. CH 59 § 57C to assume quarterly billing for property taxes. Voted Annual Town Meeting May 3, 2010 under ARTICLE 22.

117. It was voted that the town accept G.L. c. 64L, § 2(a) to impose a local meals excise. Voted Annual Town Meeting May 3, 2010 under ARTICLE 23.

118. It was unanimously voted that the town adopt §§ 16 and 117 Motor Vehicle Excise Exemptions. effective Fiscal Year 11. Adds a new local acceptance paragraph to G.L. c. 60A, § 1 that if accepted, will exempt from the motor vehicle excise Massachusetts residents who are on active military duty outside the country for at least 45 days of the excise calendar year. If the service member is wounded or killed in an armed conflict, the exemption applies regardless of the number of days deployed. As with all motor vehicle excise exemptions for individuals found in G.L. c. 60A, § 1, the service member may exempt only one vehicle owned and registered for personal use. If the community accepts the exemption, then all taxpayers in the community with delinquent motor vehicle excise bills will be charged an extra $3 when the excises are sent to a deputy collector for collection action (the current fee is $10). This is intended to offset any reduced revenue if eligible residents are granted the exemption. The exemption takes effect on the January 1 after the calendar year the acceptance is voted. Acceptance of this paragraph requires a majority vote of the municipal legislative body, subject to local charter. G.L. c. 4, § 4. Also adds a new paragraph to G.L. c. 60A, § 1 that will apply to all motor vehicle excise exemptions beginning with 2010 excises. Under the amendment, certain persons other than the qualifying taxpayer will have standing to apply for the exemption. Where the vehicle is jointly owned, the spouse of a taxpayer who qualifies for an exemption may apply instead. Where the qualifying taxpayer is deceased, the taxpayer’s surviving spouse, executor or administrator, may apply. The purpose is to allow an excise exemption to be granted when the qualifying taxpayer is absent due to military service or other reason, or passed away before applying. Voted Fall Special Town Meeting, November 8, 2010 under ARTICLE 1.

119. M.G.L. Chapter 41, Section 41b Payment of Public Employees by Direct Bank Credits Adopted Oct. 1, 2013 - Effective Nov. 1, 2013 Order #O-2013-032

** AMENDMENT TO ZONING MAP OF TOWN OF BRIDGEWATER**