By Mr. Galvin of Canton, petition (accompanied by bill, House, No. 1934) of William C. Galvin for legislation to clarify the scope and authority of ordinances and by-laws adopted by cities and towns.  Municipalities and Regional Government.

The Commonwealth of Massachusetts

——————

PETITION OF:

William C. Galvin

——————

In the Year Two Thousand and Seven.

——————

An Act to clarify the scope and authority of ordinances and bylaws adopted by municipalities.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Section twenty-one of chapter forty of the General Laws, as appearing in the Official Edition, is hereby amended by striking out the first paragraph and inserting the following:—
            Any municipal government may, by the adoption, amendment or repeal of local ordinances and by-laws, exercise any power or function which the general court has power to confer on it and which is not inconsistent with the constitution or laws enacted by the general court in conformity with powers reserved to the general court by section eight of article eighty-nine of the amendments to the state constitution, or, denied to the city, town, or other municipal government by its own charter.
            Ordinances and by-laws adopted by municipal governments shall be binding upon their own inhabitants and all persons within their limits and shall prevail over any contrary or inconsistent provision of any other local rule or regulation. Unless some other provision is made by statute in a particular case, municipal governments may affix penalties for breaches of local ordinances and by-laws not exceeding one thousand  dollars for each offense, which penalty shall inure to the municipal governments or to such uses as the ordinance or by-law may direct.    Notwithstanding the provisions of any special law to the contrary, fines shall be recovered by indictment or on complaint before a district court, or by non-criminal disposition in accordance with section twenty-one D.
            The clauses which follow in this section, listing specific purposes for which ordinances and by-laws may be adopted, are intended to be for illustration only and, unless it is specifically stated to the contrary in any clause which follows, are not to be construed as limiting the powers of municipal governments with respect to the particular subjects.