Town of Andover, MA
Essex County
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§ 1 Disorderly conduct.

§ 2 Peeping toms.

§ 3 Obstructing the public; loitering.

§ 4 Coasting.

§ 5 Swimming.

§ 6 Fires; games; throwing objects.

§ 7 Hunting.

§ 8 Wells.

§ 9 Interference with snow plowing.

§ 10 Littering or defacing property.

§ 11 Dogs.

§ 12 through § 17. (Reserved)

§ 18 Recreational motor vehicles.

§ 19 Removal of recyclable materials.

§ 20 Sidewalk snow removal.

§ 20.5 Drinking or possession of alcoholic beverages on Town property and on property accessible to public.

§ 21 Soliciting.

§ 22 Storage of inflammables.

§ 23 Andover members of the Merrimack Valley Planning Commission.

§ 24 Emergency reporting equipment and procedures.

§ 24.5 Fire alarm systems/false alarms.

§ 25 Authority to require bonds or other security.

§ 26 Depositing leaves or other refuse on streets.

§ 27 Regulations governing fire lanes.

§ 28 Regulations governing handicapped parking.

§ 29 Regulations pertaining to Foster Pond.

§ 30 Mandating the recycling of certain materials.

§ 31 All-night parking.

§ 32 Licenses and tax delinquency.

§ 33 Demolition of historically significant buildings and structures.

§ 34 Capital improvement program.

§ 35 Smoking; sale and distribution of tobacco.

§ 36 Ballardvale Historic District.

§ 37 Chimneys.

§ 38 Cats.

§ 39 Silly string, smoke bombs and stink bombs.

§ 40 Pawnbrokers and secondhand dealers.

§ 41 Tax agreements for brownfields.

§ 42 Community Preservation Committee.

§ 43 Affordable Housing Trust Fund.

§ 44 Banners in the General Business District.

§ 45 Private property on Main Street Sidewalks.

§ 46 Temporary repairs to private ways.

§ 47 Stretch Energy Code.

§ 1 Disorderly conduct.

No person shall behave in any indecent or disorderly manner or use profane, indecent or insulting language in any public place or on any sidewalk or street in the Town.

§ 2 Peeping toms.

No person except an officer of the law in the performance of his duties shall enter upon the premises of another with the intention of peeping into the windows of a house or spying upon in any manner any person or persons therein.

§ 3 Obstructing the public; loitering. [1]

No person shall continue to stand or remain alone or with others near, on any sidewalk or in any public place, in such manner as to obstruct a free passage for travelers thereon, or loiter on any sidewalk or street after having been requested by a police officer to move on.
[1]:
Editor's Note: See Art. XI, § 3, for license to obstruct sidewalks and ways.

§ 4 Coasting.

No person shall coast or slide on any sled or other like vehicle in or upon any public sidewalk or street or way in the Town except at such times and in such places as may from time to time be designated by the Chief of Police.

§ 5 Swimming.

No person shall bathe or swim in waters within the Town so as to be exposed in a nude state to the view of any persons passing or being on any street or railroad or in any dwelling house.

§ 6 Fires; games; throwing objects. [1]

No person shall make any bonfire or other fire or play at any game or throw stones or snowballs or other missiles in any public street or way in the Town.
[1]:
Editor's Note: See also Art. X, Fire Prevention Code.

§ 7 Hunting. [1]

No person shall discharge a firearm in the Town except a law enforcement official in the performance of his duties. This by-law shall not restrict the discharge of firearms on an established firing range, nor the discharge of a firearm in the legal defense of persons or property, nor any discharge of a firearm which has been specifically authorized by the commonwealth on state-owned property.
[1]:
Editor's Note: See also Art. XI, § 7, regarding shooting galleries and shooting ranges.

§ 8 Wells. [1]

Owners of land whereon is located an abandoned well or a well in use shall either provide a covering for such well capable of sustaining a weight of 300 pounds or shall fill the same to the level of the ground. Anyone violating this by-law shall be subject to a fine of not less than $100 nor more than $500.
[1]:
Editor's Note: See also Art. IX, Plumbing. For reference to sewer requirements, see Appendixes B and C.

§ 9 Interference with snow plowing. [1]

Pursuant to MGL c. 40, § 21(16), the Superintendent of Streets or other officer having charge of ways may cause to be removed any vehicle from any way, to some convenient place or public garage, if such vehicle interferes with the removal or plowing of snow on any such way. The entire cost of the removal of said motor vehicle or its garaging shall be borne and paid by the owner of said vehicle.
Pursuant to MGL c. 40, § 22(d), the Selectmen may adopt rules and regulations regarding the towing and removal of illegally parked automobiles and automobiles impeding the removal of snow and ice.
No person shall throw, plow, blow, shovel or deposit in any manner snow on a public roadway any time after that roadway has been cleared of snow and ice by town-owned or town-hired snow-removing equipment. Any snow thrown, plowed, blown, shoveled or deposited in the direction of a public roadway will be no closer to the center line of that roadway than the snow deposited by town-owned or town-hired snow removal equipment.
[1]:
Editor's Note: See § 20 of this Art. XII for provisions regarding sidewalk snow removal.

§ 10 Littering or defacing property. [1]

(a) 
Except on land or in receptacles designated by the Town for the dumping or placing of trash, no person shall, in any manner, whether from on foot or from any vehicle, throw, drop or discard upon any property, public or private (except that owned or leased by him), any trash or litter of any kind whatsoever.
(b) 
No person shall in any manner affix posters or signs or advertisements, whether for political purposes or for other purposes, upon Town property, real or personal, or upon the poles and other equipment of utilities located within the limits of Town ways.
(c) 
In addition to imposing such fines as may be permitted by law, the Town may through the Selectmen require persons in violation of this § 10 to remove such trash or litter or such posters or signs or advertisements. Each day that the violation remains shall constitute a separate offense.
[1]:
Editor's Note: See Art. XI, § 3(b), for permission to place materials within streets, and § 26 of this Art. XII regarding depositing leaves or other refuse on streets.

§ 11 Dogs.

[Amended 6-12-1990, Art. 78]
(a) 
Definitions: As used in this bylaw, the following terms mean:
ANIMAL CONTROL OFFICER
Any person or persons appointed by the Town Manager with the approval of the Board of Selectmen, as the animal control officer or officers under the provisions of MGL c. 140, §§ 151 and 151A, to carry out the provisions of this bylaw. In the absence or vacancy in the office or unavailability of the "animal control officer," the Town's inspector of animals or his deputy shall perform the duties of the "animal control officer(s)."
[Added 5-13-2014 ATM, Art. 65]
ANIMAL SHELTER
Any premises designated by Town administrative authority for the purpose of impounding and caring for animals held under authority of this bylaw.
[1]
KENNEL
A pack or collection of dogs on a single premise, including a commercial boarding or training kennel, commercial breeder kennel, domestic charitable corporation kennel, personal kennel or veterinary kennel.
[Added 4-11-1996 ATM, Art. 89; amended 5-13-2014 ATM, Art. 65]
LICENSE PERIOD
The time between January 1 and the following December 31, both dates inclusive.
[Added 4-13-1994 ATM, Art. 57]
OWNER
Any person owning, keeping or harboring dogs.
PERSON
An individual, partnership, company or corporation.
RESTRAINT
A dog shall be deemed to be under "restraint" if it is on the premises of the owner accompanied by a person who shall have the dog under control or, if outside the premises of the owner, is accompanied by a person who shall have the dog under control by holding it firmly on a leash no greater than six feet in length.
VETERINARY HOSPITAL
An establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis and treatment of diseases and injuries of animals.
[1]:
Editor’s Note: The former definition of “canine control officer,” which immediately followed, was repealed 5-13-2014 ATM, Art. 65. See now the definition of “animal control officer.”
(b) 
Requirement for an identification tag: Every person issued a license in accordance with the provisions of Chapter 140, Section 137, of the General Laws of the Commonwealth for a dog owned or kept within the Town will also receive an identification tag from the Town Clerk's office. The identification tag shall be a durable tag stamped with an identifying number and of a particular shape, to signify the specific year of issuance. Tags will be so designed that they may conveniently be fastened to the dog's collar or harness. Dogs must wear identification tags at all times when the animal is off the premises of the owner. The canine control officer shall maintain a record of the identifying numbers and shall make this record available to the public.
(c) 
Restraint of dogs: No person shall own, keep or harbor in the Town of Andover, within the confines of the owner's property (meaning owned, rented or leased), any dog which is left unattended and is not kenneled, leashed or otherwise restrained or, if outside the premises of the owner (meaning owned, rented or leased), any dog which is not held firmly on a leash no greater than six feet in length by a person who shall have control of such a dog.
(1) 
Any dog under the direct and immediate supervision of a responsible adult within the confines of the Town-designated Dog Park shall be determined properly restrained under this section.
[Added 4-30-2008 ATM, Art. 52]
(d) 
Unrestrained dogs. Unrestrained dogs may be taken by police or the canine control officer and impounded in an animal shelter, and there confined in a humane manner. If by an identification tag or by other means the owner can be identified, the canine control officer shall immediately upon impoundment notify the owner of the impoundment of the animal. Impounded dogs shall be kept for seven days unless reclaimed by their owners. Dogs not claimed by their owners within seven days or placed in suitable new homes may be humanely euthanized by the canine control officer or by an agency delegated by him to exercise that authority. In addition to or in lieu of impounding a dog found at large, the canine control officer or police officer may issue to the known owner of such dog a notice of by-law violation.
[Amended 5-13-2014 ATM, Art. 65]
(e) 
Reclaiming impounded cats[2] and dogs: An owner reclaiming an impounded cat or dog shall pay an administrative fee of $25, plus reasonable fees for boarding, vaccinations and exams as determined by the Board of Selectmen.
[Amended 4-13-1993 ATM, Art. 56; 4-29-2002 ATM, Art. 33; 5-13-2014 ATM, Art. 65]
[2]:
Editor's Note: See also § 38, Cats, of this Article XII.
(f) 
Female dogs in heat. Every female dog in heat shall be confined in a building or secured enclosure in such a manner that such female dog cannot come into contact with another animal except for planned breeding. The canine control officer shall have the power to enforce a regulation to eliminate what he may deem to be a nuisance.
(g) 
Nuisances. No owner shall fail to exercise proper care and control of his or her dog to prevent said dog from becoming a public nuisance. Barking frequently or for continued duration or making sounds which create a noise disturbance across a residential real property boundary, molesting passersby, chasing vehicles, habitually attacking people or other domestic animals, trespassing upon school grounds or trespassing upon private property in such manner as to damage property shall be deemed a nuisance.
(h) 
Quarantining of dog that bites. Any dog that bites a person shall be quarantined for 10 days if ordered by the Inspector of Animals. During quarantine, the dog shall be securely confined and kept from contact with any other animal. At the discretion of the Inspector of Animals, the quarantine may be on the premises of the owner. If the Inspector of Animals requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall at his own expense place it in a veterinary hospital. If said dog is in violation of one or more of the following: unlicensed, unrestrained or is not currently vaccinated with antirabies vaccine, the owner shall surrender the animal for the quarantine period to a veterinary hospital at the owner's expense.
(i) 
Animals suspected of being rabid. No police officer or other person shall kill or cause to be killed any animal suspected of being rabid, except after the animal has been placed in quarantine and the diagnosis of rabies made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine, then the animal shall be humanely killed and the head of such animal sent to a laboratory for pathological examination and confirmation of diagnosis.
(j) 
Hindering the by-law enforcement. Any canine control officer shall have police powers in the enforcement of this bylaw, and no person shall interfere with, hinder, molest or abuse any canine control officer in the exercise of such powers.
(k) 
Bylaw violation. Proceedings under this section shall not be criminal. Violations of any provision of this by-law shall be punished by a fine of $25 for the first and $50 for a second offense and $100 for a third or subsequent offense within one calendar year. If any violation is continuing, each day's violation shall be deemed to be a separate violation. Complaints will be sought in a District Court according to Chapter 140, Section 173A, of the General Laws.
[Amended 4-13-1993 ATM, Art. 57; 5-13-2014 ATM, Art. 65]
(l) 
If parts of by-law are invalid. If parts of this by-law shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not affect the remaining parts of this bylaw. No provision or interpretation of a provision of this by-law is intended to be either in conflict with or an attempt to change any statutory provision in Chapter 140 pertaining to dogs.
(m) 
Vaccination. Every owner and keeper of a dog more than six months old shall cause said dog to be vaccinated or revaccinated by a licensed veterinarian with antirabies vaccine within two years prior to the date of application for a dog license for said dog. Application for each annual dog license shall be accompanied by proof of vaccination of the dog against rabies within two years preceding the date of the application.
(n) 
Fees:
(1) 
The fee for such licenses shall be set by the Board of Selectmen in accordance with MGL c. 40, § 22F, and MGL c. 140, § 139.
[Amended 4-13-1994 ATM, Art. 66; 4-11-1996 ATM, Art. 89; 4-28-2003 ATM, Art. 37]
(2) 
Any nonlicensed dog impounded by the canine control officer or others duly authorized under the provisions of Article XII, § 11(d), found to be without mandated vaccinations shall be vaccinated by a licensed veterinarian and the owner shall be charged the sum of $9.
(3) 
Any owner whose dog is held under the provisions of Article XII, § 11(d), shall be charged the sum of $10 when found necessary to euthanize said dog.
(o) 
Removal and disposal of canine waste.
[Added 4-12-1994 ATM, Art. 45]
(1) 
It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any sidewalk, street or other public area in the Town. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any private property neither owned nor occupied by said person.
(2) 
No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog. Furthermore, no person who owns, possesses or controls such dog shall appear with such dog on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog.
(3) 
For the purposes of this regulation, the means of removal shall be any tool, implement or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public. Disposal shall be accomplished by transporting such feces to a place suitable and regularly reserved for the disposal of canine feces or as otherwise designated as appropriate by the Board of Health.
(4) 
Enforcement of this section may, in the first instance, be pursued through the provisions of Section 21D of Chapter 40 of the General Laws, which provides for a noncriminal disposition. The enforcing persons shall be any police officer of the Town or any animal control officer of the Town.
(5) 
This regulation shall not apply to a dog accompanying any handicapped person who, by reason of his/her handicap, is physically unable to comply with the requirements of this by-law or to any individual who utilizes a guide dog.
(6) 
The provisions of this section are severable, and if any of the provisions of this section shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
(p) 
The Board of Selectmen will make rules and regulations governing the use of the Town-designated Dog Park.
[Added 4-30-2008 ATM, Art. 52]

§ 12 through § 17. (Reserved) [1]

[1]:
Editor's Note: Former §§ 12 through 17 were deleted 5-10-1977, Art. 36.

§ 18 Recreational motor vehicles.

(a) 
Definitions. As used in this section the following terms shall have the meanings indicated:
RECREATIONAL MOTOR VEHICLE
Includes but is not expressly limited to minibikes, motor scooters, go-carts, snowmobiles, motorbikes, dune buggies and swamp buggies and any other similar motor vehicle of the types that are normally used on land for recreation, entertainment or pleasure. The use of lawn mowers, powered garden vehicles and other similar utilitarian domestic vehicles is specifically excepted herefrom.
(b) 
Operation restrictions. It shall be unlawful for any person to operate or permit and suffer to be operated a recreational motor vehicle, as defined in Article XII, § 18(a), within the Town of Andover under any of the following circumstances:
(1) 
On private property of another without the express prior written consent of the owner and the occupant of said property, such consent may be revoked at any time by the grantor thereof, where such express prior written consent has been obtained, the operator or person at the site responsible for such operation shall keep said consent on his person and available for immediate display at all times during the period of such operation; provided, however, that no such written consent shall be required for operation of any recreational motor vehicle upon the property of any private clubs or other organizations that permit the operation of recreational motor vehicles on their property in connection with the principal use of said property by the members of any such club or organization.
(2) 
On any public grounds or property, including town-owned land which shall include but not be limited to parks, ballparks, recreation area, easements and sidewalks, or areas dedicated to or commonly used for vehicular or pedestrian traffic, Town storage facilities, garage areas and school land unless specifically designated, set aside and reserved therefor by resolution of the Board of Selectmen.
(3) 
In such manner as to create loud or unnecessary noise so as to unreasonably disturb or interfere with persons in the peaceful and quiet enjoyment of their property. To this end, no person shall operate a recreational motor vehicle before the hour of 9:00 a.m. and after the hour of 7:00 p.m., prevailing time, or sunset, whichever shall first occur.
(4) 
In a careless, reckless or negligent manner so as to endanger the safety or property of any person.
(5) 
On public and private ways in the Town except where the motor vehicle is licensed for use on public and private ways in the commonwealth or if the vehicle does not require a license for such use.

§ 19 Removal of recyclable materials. [1]

The removal from a public sidewalk, way or the usual point of residential pickup, of any materials specifically set apart from the ordinary household rubbish for the purpose of being recycled under the recycling program of the Town of Andover by persons other than those persons authorized to pick up such material by the Town of Andover, or its agents, is prohibited.
[1]:
Editor's Note: See also § 30, Mandating the recycling of certain materials, of this article.

§ 20 Sidewalk snow removal. [1]

The tenant, occupant or owner of any building or land bordering on any street or way where there is a sidewalk or canopy in the below delineated areas in the Town of Andover shall cause snow to be removed from said sidewalk or canopy by 10:00 a.m. on any day except Sundays and holidays following snow storms wherein the snow ceases to fall by 7:00 a.m.:
(a) 
Both sides of Main Street between Elm Square and Punchard Avenue.
(b) 
North side of Elm Street between Main Street and a point 51 feet westerly of Elm Court.
(c) 
South side of Elm Street between Post Office Avenue and a point 232 feet easterly of Post Office Avenue.
(d) 
North side of Park Street between Main Street and a point 344 feet easterly of Main Street.
(e) 
South side of Barnard Street between Main Street and Bartlet Street.
(f) 
North side of Chestnut Street and a point 163 feet easterly of Main Street.
(g) 
North side of Essex Street between Main Street and a point 325 feet westerly of Main Street.
(h) 
South side of Essex Street between Central Street and a point 360 feet westerly of Central Street.
(i) 
South side of Chestnut Street and a point 125 feet easterly of Main Street.
(j) 
West side of North Main Street between Windsor Street and a point 250 feet southerly thereof.
(k) 
East side of North Main Street between Haverhill Street and a point 80 feet northerly of Haverhill Street.
(l) 
North side of Haverhill Street between North Main Street and Riverina Road.
(m) 
North side of Lowell Street between Poor Street and a point 110 feet westerly of Poor Street.
(n) 
Westerly of Poor Street between Lowell Street and a point 70 feet northerly of Lowell Street.
[1]:
Editor's Note: See also § 9 of this Art. XII, Interference with snow plowing.

§ 20.5 Drinking or possession of alcoholic beverages on Town property and on property accessible to public.

(a) 
Alcoholic beverages; restriction on municipal property. Drinking or possession of alcoholic beverages, as defined in Chapter 138 of the Massachusetts General Laws, while in or upon any school building or school grounds, library grounds, park, playground or other municipal building or land is prohibited, except by written permission of the Board of Selectmen, Town Manager or Chief of Police. Whoever violates any provision of this section shall be fined an amount of not more than $50 per each offense and to act on anything relating thereto.
(b) 
Alcoholic beverages; restrictions within the town. No person shall drink any alcoholic beverages, as defined in Chapter 138 of the Massachusetts General Laws, while on, in or upon any way in which the public has a right of access, or in any place to which members of the public have access as invitees or licensees, park or playground, or private land or place, without consent of the owner, or person in control thereof. All alcoholic beverages being used in violation of this by-law shall be seized and safely held until final adjudication of the charge against the person arrested or summoned before the court. Whoever violates any provision of this section shall be fined an amount of not more than $50 per each offense and to act on anything relating thereto.

§ 21 Soliciting. [1]

(a) 
No person, either principal or agent, whether or not that person is licensed as a transient vendor, sales agent, hawker or peddler by the Commonwealth of Massachusetts under Chapter 101 of the General Laws or otherwise, shall go to any dwelling place or residence within the Town soliciting or taking orders for any goods, wares, merchandise, property of any kind or services of any nature, for future or immediate delivery or performance, within the Town of Andover, without having first registered with the Chief of Police and having received a solicitor registration card.
[Amended 4-23-2007 ATM, Art. 32]
The Chief of Police, following application by such person, shall, if satisfied with the honesty of the applicant, issue a solicitor registration card to that person for a period not to exceed 12 months. Said card must be carried by each solicitor whenever soliciting or taking orders for goods as provided in the preceding paragraph and it must be shown on request. The Chief of Police may for cause, and after providing the opportunity for a hearing, order any such person who has been issued a solicitor registration card to surrender that card to him.
(b) 
No such person shall in any event engage in such soliciting or taking of orders except during the hours between 9:00 a.m. and 5:00 p.m.
(c) 
No person shall enter upon the property of another or engage in soliciting at any residence which has conspicuously posted a "No Solicitors" sign.
[Added 4-23-2007 ATM, Art. 32]
[1]:
Editor's Note: See also Art. XI, Licenses and Permits.

§ 22 Storage of inflammables. [1]

[Amended 6-12-1990, Art. 69; 4-28-2003 ATM, Art. 37]
All license fees for the storage of inflammables in accordance with the provisions of M.G.L. c. 148, § 13, will be set by the Board of Selectmen in accordance with M.G.L. c. 40, § 22F.
[1]:
Editor's Note: See also Art. VII, Construction Permit Fees; and Art. X, Fire Prevention Code.

§ 23 Andover members of the Merrimack Valley Planning Commission. [1]

The Andover members of the Merrimack Valley Planning Commission shall be appointed by the Board of Selectmen as authorized by Chapter 535 of the Acts of 1976.
[1]:
Editor's Note: See Art. III for provisions related to the Town Planning Board.

§ 24 Emergency reporting equipment and procedures. [1]

(a) 
Definitions. For the purpose of this bylaw, the following terms have the definitions herein ascribed to them:
(1) 
AUTOMATIC PROTECTION DEVICE — An electrically operated instrument composed of sensory apparatus and related hardware which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice alarm upon receipt of a stimulus from the sensory apparatus that has detected a physical force or condition inherently characteristic of a fire or unauthorized intrusion.
(2) 
CENTRAL STATION PROTECTIVE SYSTEM — A system, or group of systems operated for its customers by a person, firm or corporation with a franchise from the town, in which the operations of electrical protection circuits and devices are transmitted to, recorded in, maintained and supervised from a central station or modified central station.
(3) 
DIRECT LINE — A telephone line leading directly to the communications center of the Fire Department or Police Department that is for use only to report emergency messages and signals on a person-to-person basis.
(4) 
INDICATION — The instrumentation on a monitor panel at the receiving terminal of a signal line which produces both visual and audible alarm signals when activated by a signaling device in the same electrical circuit at an identifiable location or origin.
(5) 
KEY (TO A TELEPHONE LINE) — To use a telephone line for transmitting a message, either by direct connection or by a mechanism not so connected, that utilizes the microphone of a standard telephone to do so.
(6) 
PRIMARY TRUNK LINE — A telephone line leading into the communication center of the Fire Department or Police Department that is for the purpose of handling emergency calls on a person-to-person basis, and which line is identified by a specific listing among the emergency numbers in the telephone directory issued by the telephone company serving the town.
(7) 
SIGNAL LINE — A line not connected to any standard telephone equipment which leads into an indicator panel in the communications center of the Police Department or to such a panel in either a central station protective system or a modified central station and which is designed to transmit electrically an alarm signal readily identifiable as to location of origin.
(8) 
SPECIAL TRUNK LINE — A telephone line leading into the communications center of the Fire Department or the Police Department that is for the primary purpose of handling emergency messages which originate from automatic protection devices and are transmitted directly or through an intermediary.
(b) 
Automatic protection devices — Restrictions on keying:
(1) 
No automatic protection device that is installed after the effective date hereof by any person on premises of any kind in the Town of Andover shall be keyed to a primary trunk line.
(2) 
After the effective date hereof, any alarm equipment supplier who installs automatic protection devices in town for the purpose of sending prerecorded emergency messages directly to the Fire Department or the Police Department shall first obtain necessary instructions including a designated telephone number from the particular department concerned with the types of messages in order to key such devices to a special trunk line into that department.
(3) 
Within 90 days after the effective date hereof, all automatic protection devices in the town that were keyed on that date to a primary or secondary trunk line shall be disconnected therefrom. The owner or lessee of any such device shall be responsible for the disconnecting of it.
(4) 
An owner or lessee of an automatic protection who has it disconnected as required by Paragraph (3) of this subsection may authorize an alarm equipment supplier to key the automatic protection device to a special trunk line into the Fire Department or the Police Department, provided that the recorded message shall not be transmitted for a period of time exceeding three minutes.
(c) 
Same — Keying to intermediaries authorized to relay messages: Any person who has an automatic protection device in the town may arrange to have such device keyed to any intermediaries who are authorized to relay emergency messages to the Fire Department or Police Department over a special trunk line.
(d) 
Operational requirements for new installations:
(1) 
Automatic protection devices installed on premises of any kind in the town that are keyed to a special trunk line shall meet minimum operational requirements as determined by the Police or Fire Chief.
(2) 
No recorded message shall be delivered to the Police or Fire Department more than three times as a result of a single stimulus of the sensory mechanism.
(3) 
The time gap between delivery of each recorded message must be in the range from 10 to 12 seconds.
(4) 
The length of time for transmitting the recorded message must not exceed 15 seconds.
(5) 
All telephone reporting devices will be equipped with an off-and-on switch which, in the event of an alarm that is activated which is false, the owner may shut recording device off and notify the proper department immediately that it is a false alarm.
(6) 
The sensory mechanism used in connection with such devices must be adjusted to suppress false indications of fire or intrusion so that the devices will not be actuated by impulse due to transient pressure changes in water pipes, short flashes of light, wind noise such as rattling or vibrating of doors or windows, vehicular noise adjacent to the installation or other forces unrelated to genuine alarms.
(7) 
All components comprising such device must be maintained by the owner in good repair to assure reliability of operation.
(e) 
Instructions on operations:
(1) 
Each alarm equipment supplier that sells or leases to a person an automatic protection device which is installed on such person's premises in the town after the adoption hereof, and which is keyed to a special trunk line, shall furnish that person with written instruction as to the way the device operates, along with a maintenance manual and a correct circuit diagram pertaining to such device.
(2) 
Prior to the installation of an emergency reporting system, an installation permit shall be obtained from the electric inspector. The fee for said permit shall be established by the Board of Selectmen.
(f) 
Testing: No person shall conduct any test or demonstration on an automatic protection device or a signaling device designed to make direct connection with headquarters of the Fire Department or Police Department without first notifying the Chief of the Department concerned with the particular kind of alarm.
(g) 
Signaling devices and indicator devices:[2]
[Amended 4-11-1995 ATM, Art. 39]
(1) 
Every alarm equipment supplier who wants to connect automatic protection devices to the Town of Andover Police or Fire Department central dispatch console shall furnish the Police or Fire Chief with a current list of such installations showing the following:
a. 
Name, residence address and telephone number of owner or lessee.
b. 
Address or place where device is installed and telephone number at that location.
c. 
Name and telephone number of two other persons at different locations who are authorized to respond to an emergency at any time, day and night, and open the place where the device is installed and be able to reset or terminate such device if found to be defective. It shall be the responsibility of the alarm system user to keep this information up-to-date.
d. 
All premises shall have their legal street numbers clearly visible from the street as per existing town by-laws, prior to connection of the alarm systems to the central dispatch console.
(2) 
Alarm system installation:
a. 
Any current or future alarm user may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises.
b. 
No alarm system shall be connected to the central dispatch console without prior written approval of the Chief.
1. 
This approval shall include municipal connection, direct wire and dial up devices.
c. 
The only types of systems which will be allowed to connect to the central dispatch console will be systems which utilize telephone dialer transmitters or connection via municipal fire alarm circuit or such other type deemed compatible with the central dispatch console.
1. 
Existing telephone dialers using voice-type tape recorders are allowed. Such alarm systems are to use the special alarm telephone number set up for this purpose. No alarm equipment shall utilize the primary reporting numbers for the Andover Public Safety Center.
d. 
Actual connection to the central dispatch console will be made by the town's designated alarm contractor or Fire Alarm Division Personnel. Alarm users will be required to pay the alarm contractor for this service as set forth in a contract by the contractor and the alarm user.
e. 
The supplier will contact the town's designated alarm contractor 10 days in advance of connection to the town central dispatch console.
f. 
The town accepts no liability whatsoever for conditions which prevent proper reception from the user's premises.
(3) 
Telephone lines will be ordered by the town-designated alarm contractor.
[2]:
Editor's Note: See also Art. X, Fire Prevention Code.
(h) 
Operational requirements if connected to an outside audible or visual alarm:
[Amended 4-11-1995 ATM, Art. 39]
(1) 
The length of time for outside alarm activation shall not exceed 15 minutes.
(2) 
All alarm systems which use an audible bell, horn or siren shall be equipped with an automatic shut-off device, which will deactivate the alarm system within the specified time in Subsection (h)1 of this section. All alarm users with an audible bell, horn or siren must comply with this section within 90 days of the effective date of this bylaw.
(i) 
Fines and cancellation of service:
[Amended 4-11-1995 ATM, Art. 39]
(1) 
The following shall not count as false alarms:
a. 
Town power failure;
b. 
Telephone company repair;
c. 
Results of a major storm;
d. 
Thirty-day new installation;
e. 
Break activation, fire or smoke activation.
(2) 
All alarm users must notify the Police Department in advance of any testing of equipment. Failure to notify the Police Department in advance of testing equipment shall constitute a false alarm and be subject to the assessment schedule contained herein.
(3) 
If an automatic protection device is activated with exception of the above Subsection (i)(1), the owner shall be allowed up to three false alarms per year. After the third false alarm, the owner will be charged $15 for each additional alarm up to a total of six. After the sixth false alarm, each succeeding false alarm shall be charged at a rate of $50. The person(s) responsible for the alarm shall be billed on a quarterly basis and notified that if the cumulative number of false alarms may suspend response to any further alarms until the situation has been corrected or, at the discretion of the alarm owner, each successive false alarm after the notification of disconnect will be assessed at $75 per false alarm. Written notification must be provided to the Police Department within 24 hours of the receipt of the notice of disconnect in order to avoid the suspension of response to further alarms and to accept the additional fee for each successive alarm until the situation can be rectified by the alarm user. Notice of disconnect will be served in hand or by certified mail. Once the alarm problem has been repaired and documentation of such repair has been provided to the Police Department and payment has been received for the false alarms responded to, then the Department will resume response to alarms received. Billing for false alarms will be done on a quarterly basis and accumulated false alarms done on a yearly basis from July 1 through June 30 of each year. Persons with outstanding balances on alarm fees after 90 days of being billed will be subject to a $25 processing fee as well as notification of disconnect until the balance is paid in full.
(4) 
Failure to comply with Subsection (g)(1)a, b, c or d or Subsection (h)1, 2 or Subsection (i)2 shall be punishable by a fine of $25.
(5) 
A hearing may be requested before the termination from the town central dispatch console or the special trunk line within five days of official notification of such termination either by the town or town-designated alarm contractor.
(j) 
Exceptions: The provisions of this by-law shall not apply to alarm devices owned or controlled by the Town of Andover, nor to alarms installed in motor vehicles.
[Amended 4-11-1995 ATM, Art. 39]
(k) 
Liability of town limited: The town shall take every reasonable precaution to assure that alarm and prerecorded messages received by the Town Public Safety Central Dispatch are given appropriate attention and are acted upon expeditiously. The town shall not be liable for any defects in operation of automatic protection devices and signal line systems, for any failure or neglect to respond appropriately upon receipt of an alarm from such a source. In the event that the town finds it necessary to disconnect an automatic protection device or signaling device, the town shall incur no liability by such action.
[Added 4-11-1995 ATM, Art. 39]
[1]:
Editor's Note: See also § 24.5, Fire alarm systems/false alarms, of this Art. XII.

§ 24.5 Fire alarm systems/false alarms. [1]

[Added 6-12-1990, Art. 60]
The following rules and regulations shall apply to the installation, operation and maintenance of fire alarm systems:
(1) 
Scope: Fire alarm systems shall include systems connected to Fire Headquarters by the municipal fire alarm circuit, direct wire and any systems which use exterior audible signals at the alarm location.
(2) 
Authority: Massachusetts General Laws Chapter 148, Sections 26A-26H, requires the installation of alarm systems in certain buildings and places responsibility for the enforcement of these provisions with the Fire Chief. This by-law is adopted to establish uniform rules and regulations and to implement a schedule of fees for the installation, operation and maintenance of said alarm systems.
(3) 
Alarm system installation:
a. 
Any current or future alarm users may contract with an alarm company of their choice for the purchase, lease, installation and servicing of an alarm system on their premises.
b. 
No alarm system or equipment shall be connected to the central dispatching console without prior written approval of the Fire Chief.
1. 
This approval shall include municipal connection, direct wire and dial-up devices.
c. 
The only types of systems which will be allowed to connect to central dispatch console will be systems which utilize telephone dialer transmitters or connection via the municipal fire alarm circuits, or such other type deemed compatible with the central dispatch console.
1. 
Existing telephone dialers using voice-type tape recorders are allowed. Such alarm systems are to use the special alarm number set up only for this purpose. No equipment, as described in Subsection (3)c1, shall use the primary reporting telephone number.
d. 
Actual connection to the central dispatch console will be made by the town's designated alarm contractor or Fire Alarm Division personnel. Alarm users will be required to pay the alarm contractor for this service as set forth in a contract between the contractor and the alarm user.
e. 
The town accepts no liability whatsoever for conditions which prevent proper reception of signals from the user's premises.
(4) 
Alarm system regulations:
a. 
Each alarm user shall submit to the Fire Chief the names, addresses and telephone numbers of three persons who can be reached at any time, day or night, who are authorized to gain entrance into the protected premises for the purposes of silencing and resetting the alarm system. It shall be the alarm system user's responsibility to keep this information up-to-date. Each control panel shall have located inside its door the above information and also the name of the company and phone numbers of the company which currently services the system.
Written instructions for resetting the control panel shall be clearly visible on the control panel. Permission to attempt a system reset must be on file with the Fire Department if user wishes the Fire Department to reset control unit. It shall be the alarm user's responsibility to keep this information up-to-date. If after three attempts a system will not reset the zone, or if necessary, the system, it will be left unrestored. In this event, attempts shall be made to contact the parties from the data given by the user. The town assumes no liability for inability to contact listed persons.
1. 
In the event an alarm user's panel or zone or other protective system cannot be reset, or the contact person cannot respond to the premises within a short period of time, the Fire Department will send a fire alarm system detail to the building. The charges for this detail shall be billed to the building or complex owner who will remit payment to the Fire Department. A two-hour minimum will be charged for that service.
1.1. 
This regulation shall apply to all alarm systems, i.e., those connected to the central dispatch console and those equipped with exterior audible signal devices.
1.2. 
Any building other than a residential building of less than six units which has a fire alarm system or other fire protection system shall provide a secure key lock box installed in a location accessible to the Fire Department in case of an emergency. This key lock box shall contain keys to the fire alarm system control panel and any other keys necessary to operate or otherwise service the fire protection systems. The key lock box shall be of a type approved by the Fire Chief and shall be located and installed as instructed by the Fire Chief and/or the Fire Prevention Bureau personnel.
1.3. 
All premises shall have their legal street number clearly visible as per existing town by-laws, prior to connection of the alarm systems to the central dispatch console.
b. 
All alarm users must notify the central dispatch center in advance of any testing of equipment. Failure to do so may constitute a false alarm and therefore be subject to fee assessment.
c. 
Any direct wire user who has multiple purpose alarms, i.e., fire or medical aid, or any combination thereof, must provide for individual alarm connections to the central dispatch console as required.
d. 
1. 
Alarm systems which generate false alarms in any twelve-month period shall be subject to assessment as follows ("twelve-month period" is a fiscal year, July 1 to June 30):
Fire Alarm Systems False Alarms
Number of False Alarms
Fine
Step 1:1 through 3
None
Step 2:4 through 5
$200 each
Step 3:6 or more
$400 each
2. 
Definition of "false alarm": The activation of an alarm system due to mechanical failure, malfunctioning equipment, improper installation or negligence of the user of the alarm system, or his employees or agents. Excluded from this definition are activations of alarm systems caused by utility company power outages, communication receiving equipment problems at central dispatch or other acts of nature beyond the control of the alarm user.
False alarms shall include but not be limited to the following situations:
(a) 
The continued activations of alarms resulting from any condition where no effective effort is made to correct the condition.
(b) 
Detection devices reacting to a condition such as dirt, dust or any other debris or material resulting from the failure of the owner to properly maintain and clean the system.
The obligations of owners for the proper maintenance of their systems shall be set forth in 527 CMR 24.08, which is incorporated herein by reference.
(c) 
Detection devices reacting to a condition such as smoke, steam, etc., where such occurrences are continuous with no corrective action taken.
e. 
Alarm users who cannot produce a valid service agreement for the protected property shall pay an additional $50 per step. It is the intent of this section to have systems maintained on a regular basis annually.
1. 
False alarms caused by faulty telephone service, electrical storms or power outages will be excluded from assessments.
1.1. 
False alarms received during the first 30 days of connection shall be discounted provided no malicious intent has occurred and every attempt has been made to rectify new installation defects.
2. 
Determination that a false alarm has been transmitted will be the responsibility of the Fire Chief or other duly appointed Fire Department officer.
2.1. 
Malicious false alarms shall be excluded provided the alarm system owner actively discourages these types of alarms through education and installation of deterrent devices applicably designed for these purposes, when requested by the Fire Chief.
3. 
Payments of assessments will be billed by and paid to the Fire Department.
4. 
Upon failure of an alarm user to pay two consecutive fees assessed within 60 days of the assessment, the Fire Chief shall order the alarm user to discontinue the use of the alarm system for not more than six months. Recovery of funds shall be through court proceedings.
5. 
Town, county and state agencies are exempt from the provisions of the assessment schedule.
(5) 
Violations:
a. 
The following acts and omissions shall constitute a violation of these regulations and shall be punishable as follows: by a fine of not less than $100 nor more than $200 per offense:
1. 
Failure to follow a written order issued by the Fire Chief to disconnect a fire alarm system from the municipal box, or to disable a telephone dialer arranged to dial the special alarm telephone number.
2. 
Failure to disconnect, after notification, an unauthorized telephone dialing device arranged to dial the central dispatch console.
3. 
Failure to pay two or more consecutive assessment fees assessed under Subsection (4), Paragraph e, of these regulations, within 60 days from the date of the second assessment.
4. 
Failure to comply with the regulations set forth in Subsections (3) and (4) of these regulations.
5. 
Continued transmission of false alarms caused by the user's negligence or system malfunctions on the user premises which is under the user's control, and where no effective effort is made to correct the condition.
(6) 
Appeal:
a. 
An alarm user wishing to appeal a decision of the Fire Chief pursuant to Subsection (4), Paragraph e, of these regulations may, within 15 calendar days of the fees assessment, request in writing a hearing with the Board of Selectmen.
[1]:
Editor's Note: See also § 24, Emergency reporting equipment and procedures, of this Art. XII.

§ 25 Authority to require bonds or other security.

Before approval of an application for a license, permit or order of conditions, the Planning Board, Conservation Commission or Board of Health may require the applicant to file with it a performance bond, deposit of money or negotiable securities, to secure the timely completion of the work or activity in accordance with the license, permit or order of conditions. The bond or other security may be in such form and amount, and may contain such terms and conditions, as the Board or Commission in its discretion may require. The amount of the bond shall not exceed the cost of the approved work or activity.

§ 26 Depositing leaves or other refuse on streets. [1]

No person shall throw, scatter, drop or place or shall cause or procure to be thrown, scattered, dropped or placed in or upon any street, highway or other public place within the town any leaves, refuse or other substances except in and upon areas and at such times as specifically designated by the Town Manager or his designee.
[1]:
Editor's Note: See also Art. XI, § 3(b), for permission to place materials within streets; and § 10 of this Art. XII, regarding littering.

§ 27 Regulations governing fire lanes. [1]

(a) 
The marking of fire lanes on private property, devoted to public use, shall be approved by the Fire Chief and the Chief of Police.
(b) 
Parking of motor vehicles or otherwise obstructing fire lanes shall be prohibited at all times.
(c) 
Parking in the area designated as the traveled way adjacent to the fire lane shall be prohibited at all times.
[1]:
Editor's Note: See also Art. X, Fire Prevention Code.

§ 28 Regulations governing handicapped parking.

Whoever, upon any way or in any place to which the public has a right of access, or upon any way or in any place to which the public has access as invitees or licensees, shall be prohibited from parking in spaces designated as handicap parking unless displaying the international sign for handicapped.

§ 29 Regulations pertaining to Foster Pond.

It shall be unlawful for any person to introduce, operate or permit and suffer to be operated on Foster Pond a motor boat powered by any engine with a horsepower in excess of 10. For purposes of this section, the use of any craft designed and utilized solely for the control or removal of aquatic plants is specifically excepted.

§ 30 Mandating the recycling of certain materials. [1]

[Amended 4-5-1988, Art. 55]
The Selectmen may make rules and regulations for trash disposal, including but not limited to mandating the recycling of certain types such as newspapers and yard wastes, and the Selectmen may regulate the enforcement of such recycling.
[1]:
Editor's Note: See also § 19, Removal of recyclable materials, of this Article.

§ 31 All-night parking.

No person shall park a vehicle on any street in the Town of Andover between the hours of 1:00 a.m. and 6:00 a.m. of any day from December 1 of one year to April 1 of the next year. Provided nevertheless, that this ban may be suspended at any time by the Chief of Police with the approval of the Board of Selectmen.
Vehicles parked in violation of this section shall be subject to being towed upon direction of the Chief of the Police Department or other officers as the Chief may from time to time designate.
The charges imposed for the towing shall be in addition to any penalty imposed for the violation of the by-laws.

§ 32 Licenses and tax delinquency. [1]

[Amended 4-3-1989, Art. 19]
(a) 
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 local taxes, fees, assessments, betterments or other municipal charges, including amounts assessed under the noncriminal disposition provisions of Article I, Section 4, for not less than a twelve-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.
[Amended 4-29-1998 ATM, Art. 71]
(b) 
The licensing authority may deny, revoke or suspend a building permit, or 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; provided, 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 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 in 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.
[Amended 4-12-1994 ATM, Art. 41; 4-15-1997 ATM, Art. 50]
(c) 
Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law.
(d) 
The 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 Section 1 of Chapter 268A in the business or activity conducted in or on said property.
[Amended 4-15-1997 ATM, Art. 51]
This section shall not apply to the following licenses and permits: open burning, Section 13 of Chapter 48; bicycle permits, Section 11A of Chapter 85; sales of articles for charitable purposes, Section 33 of Chapter 101; children work permits, Section 69 of Chapter 149; clubs, associations dispensing food or beverage licenses, Section 21E of Chapter 140; dog licenses, Section 137 of Chapter 140; fishing, hunting, trapping license, Section 12 of Chapter 131; marriage licenses, Section 28 of Chapter 207; and theatrical events, public exhibition permits, Section 181 of Chapter 140.[2]
[2]:
Editor's Note: The chapters and sections referred to in the last two paragraphs are in the General Laws.
[1]:
Editor's Note: See also Art. IV, Matters Involving Town Moneys; and Art. XI, Licenses and Permits.

§ 33 Demolition of historically significant buildings and structures.

[Amended 6-12-1990, Art. 77; 4-2-1991, Art. 46]
(1) 
Intent and purpose: This by-law is adopted for the purpose of protecting and preserving historically significant buildings and structures, as defined in Subsection (2)f, below, which constitute or reflect distinctive features of the history of the Town of Andover, and for the purpose of promoting the public welfare through the preservation of the architectural, historical, cultural and aesthetic qualities of the town. Through this by-law the town desires to encourage owners and others to preserve, rehabilitate or restore such historically significant buildings or structures rather than demolishing or removing them.
It is not intended that this by-law cover customary and usual alterations, whether major or minor, to historically significant buildings and structures, provided that the character and effect of such alterations is not, in the opinion of the Inspector, tantamount to demolition of such a building or structure in contravention of the above intent and purpose.
(2) 
Definitions: For the purposes of this by-law, the following words and phrases shall have the following meanings:
a. 
BUILDING — A freestanding structure designed for the shelter or housing of persons, animals, chattels or property of any kind.
b. 
COMMISSION — The Andover Preservation Commission.
[Amended 4-10-1996 ATM, Art. 62]
c. 
DAYS — For the purposes of this by-law, "days" shall mean calendar days.
d. 
DEMOLITION — Any act of pulling down, destroying, altering significantly or razing a structure or any attached portion thereof.
e. 
DEMOLITION PERMIT — The permit issued by the Building Inspector as required by the State Building Code for the demolition, partial demolition or removal of a building or structure from its lot or the moving of the building or structure on its lot.
f. 
HISTORICALLY SIGNIFICANT BUILDING OR STRUCTURE — Any building or structure which is (1) associated with any one or more historic persons or events or with the architectural, cultural, economic, political or social history of the Town of Andover, the Commonwealth of Massachusetts and/or the United States of America; or (2) is historically or architecturally important by reason of type, period, style and method of building construction, or represents the work of a well-known architect or builder, either by itself or in the context of a group of buildings or structures.
g. 
INSPECTOR — Andover Inspector of Buildings.
h. 
PREFERABLY PRESERVED HISTORICALLY SIGNIFICANT BUILDING OR STRUCTURE — Any historically significant building or structure which is established after a public hearing by the Commission to be worthy of preservation.
i. 
REMOVAL — To transfer a structure from its existing location.
j. 
STRUCTURE — Any combination of materials assembled, constructed, erected or maintained at a fixed location and placed permanently or temporarily in or on the ground.
(3) 
Regulated buildings and structures: The provisions of this by-law shall apply only to the following buildings and structures:
a. 
Any building or structure listed on or which is the subject of a pending application for inclusion on the National Register of Historic Places or the Massachusetts State Register of Historic Places; or
b. 
Any building or structure located within 200 feet of the boundary line of any Federal, State or Local Historic District; or
c. 
Any building or structure included in the Inventory of the Historic and Prehistoric Assets of the Commonwealth maintained by the Commission or which is designated by the Commission for inclusion in said Inventory.
d. 
However, the provisions of this by-law shall not apply to any building or structure located in a local Historical District and subject to regulation under the provisions of General Laws Chapter 40C.
(4) 
Procedure:
a. 
Application: Within 10 days of the filing of such application, the Inspector or his assistant shall forward a copy of each demolition permit application for a building or structure identified in Subsection (3) above to the Commission.
b. 
Historically significant determination: Within 40 days from the Commission's receipt of a demolition permit application, the Commission shall hold an open meeting to hear and collect information and evidence to determine whether or not the building or structure is historically significant. The applicant for the permit shall be notified, in writing, at least seven days prior to the open meeting. The forty-day period may be extended by written agreement signed by the applicant and a member of the Commission.
1. 
If the Commission determines that, based upon available information and evidence, the building or structure is not historically significant, the Commission shall forthwith notify the Inspector, in writing, of its decision, including the reasons for such a determination, and the Inspector may issue a demolition permit.
2. 
If the Commission determines that, based upon available information and evidence, the building or structure is historically significant, the Commission shall notify the Inspector, in writing, of its decision, including the reason for such a determination, and notify the Inspector to inform the applicant that a historically significant building or structure demolition/removal plan review must be made prior to the issuance of a demolition permit.
c. 
Historically significant building or structure demolition/removal plan review:
1. 
Within 30 days after the Commission's determination that a building or structure is historically significant, the applicant for the demolition permit shall submit to the Commission six copies of a demolition/removal plan that includes the following information:
(a) 
A map showing the present location of the building or structure to be demolished/removed on its property with references to lot lines and neighboring buildings;
(b) 
Three-inch by five-inch photographs of all sides of the building or structure; and
(c) 
A brief description identifying the reasons for the proposed demolition/removal, including any data to justify the need for demolition/removal and the proposed reuse of the parcel on which proposed demolition is located.
2. 
Within 50 days from its receipt of the demolition/removal plan, the Commission shall hold a public hearing with respect to the demolition/removal application and plan. With the assistance of the Department of Community Development and Planning, notice of the public hearing shall be advertised in a newspaper of local circulation at least seven days prior to the public hearing. The applicant, the Planning Board and all immediate abutters of the property where the building or structure is to be demolished/removed shall be notified, in writing, of the public hearing by mailing or delivering notice thereof to them at least seven days prior to the date of the public hearing.
d. 
Decision:
1. 
Within 60 days from the Commission's receipt of the demolition/removal plan, but no later than 21 days after the public hearing, the Commission shall make a written decision stating its reasons for such a determination, including a specific statement as to whether or not the building or structure should be preferably preserved because of its historical significance.
2. 
If the building or structure is determined by the Commission not to be preferably preserved or if the Commission fails to file its written decision with the Inspector within 65 days from its receipt of the demolition/removal plan, then the Inspector may issue a demolition permit.
3. 
If the building or structure is determined to be preferably preserved, the Inspector shall not issue a demolition permit for a period of 12 months from the date the Commission determined that the building was historically significant, unless the Commission informs the Inspector prior to the expiration of the twelve-month period that:
[Amended 4-28-2003 ATM, Art. 31]
(a) 
In the opinion of the Commission there is no likelihood of preserving, restoring or rehabilitating the building; or
(b) 
The Commission is satisfied that the applicant for the demolition permit has made a bona fide, reasonable and unsuccessful effort to locate a purchaser for the building or structure who is willing to preserve, rehabilitate or restore the building or structure; or
(c) 
The applicant for the demolition permit has agreed to accept a demolition permit according to certain conditions approved by the Commission.
(5) 
Emergency demolition: If a building or structure poses an immediate threat to public health or safety due to its deteriorated condition, the owner of such building or structure may request issuance of an emergency demolition permit from the Inspector. As soon as practicable after the receipt of such request from the owner, the Inspector shall arrange to have the property inspected by himself or his designee and the Chairman of the Commission or his designee. After inspection of the building or structure and consultation with the Fire Chief and/or the Board of Public Health and the Commission Chairman or his designee, the Inspector shall determine whether the condition of the building or structure represents a serious and imminent threat to public health and safety and whether there is any reasonable alternative to the immediate demolition of the building or structure which would protect public health and safety. Whenever the Inspector issues an emergency demolition permit under the provisions of this by-law section, he shall prepare and file a written report describing the condition of the building or structure and the basis of his decision to issue an emergency demolition permit with the Commission. Nothing in this by-law shall be inconsistent with the procedures for the demolition and/or securing of buildings and structures established by General Laws Chapter 143, Sections 6—10, as long as the Commission Chairman is invited to accompany the Inspector in any related inspections.
(6) 
Noncompliance: Notwithstanding that an assessed fine is paid, unless a demolition permit was obtained for such demolition/removal and unless such permit was fully complied with, the Inspector shall not issue a building permit pertaining to any property on which a building or structure identified in Subsection (3) has been demolished for a period of two years from the date of demolition, unless the Commission recommends to him, after an open meeting, that this further penalty be waived. Anyone who demolishes/removes a building or structure identified in Subsection (3) without first obtaining and complying fully with the provisions of a demolition permit in accordance with the provisions of this by-law shall be subject to a fine of not more than $300.
(7) 
Severability: In case any section, paragraph or part of this by-law is declared invalid or unconstitutional by any court of competent jurisdiction, every other section, paragraph and part of the by-law shall continue in full force and effect.

§ 34 Capital improvement program.

[Amended 4-2-1991, Art. 37]
(a) 
Preparation and submission. The Town Manager annually shall prepare, with the assistance of the Town Planning Board, a five-year capital improvement program. At the request of the Town Manager, all town boards, committees, commissions and other agencies of the town shall submit to the Manager, in such form and according to such schedule of time as the Manager may require, detailed statements of capital improvements requested for their respective boards, committees, commissions and agencies during the next five fiscal years. The Manager shall submit the five-year capital improvement program to the Board of Selectmen at least three months prior to the final date for submission of the annual budget as prescribed by Town Bylaw. Concurrently, copies of the capital improvement program shall also be transmitted to the Finance Committee and School Committee. The capital improvement program shall include:
(1) 
A clear general summary of its contents;
(2) 
A list of all capital improvements which are proposed to be undertaken during the five fiscal years ensuing, with appropriate supporting information as to the necessity for such improvements;
(3) 
Cost estimates, method of financing and recommended time schedules for each such improvement; and
(4) 
The estimated annual cost of operating and maintaining any facilities to be constructed or acquired.
The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition.
(b) 
Action on capital improvement program.
(1) 
Notice and hearing. The Board of Selectmen shall cause to be published in one or more newspapers of general circulation in the town the general summary of the capital improvement program and a notice stating: (a) the times and places where copies of the capital improvement program are available for inspection; and (b) the time and place, not less than two weeks after such publication, for a public hearing on the capital improvement program.
(2) 
[Meeting with Finance Committee.] After the public hearing but at least 10 days before adoption of the capital improvement program, the Board of Selectmen shall meet and confer with the Finance Committee concerning the program.
(3) 
Adoption. The Board of Selectmen by resolution shall adopt the capital improvement program with or without amendment after the public hearing and after conferring with the Finance Committee, at least one month before the required date for submission of the annual budget by the Town Manager.

§ 35 Smoking; sale and distribution of tobacco.

[Added 4-13-1994 ATM, Art. 52]
1. 
Rationale/purpose.
A. 
There exists conclusive evidence that tobacco smoke causes cancer, respiratory diseases, cardiovascular disease, negative birth outcomes, as well as, irritations to the eyes, nose and throat. Both smokers and those exposed to secondhand smoke are at risk. It is the opinion of the Board of Health that nonsmokers should not be involuntarily exposed to tobacco smoke.
B. 
More than 90% of all smokers begin smoking before the age of 18 (the legal age to purchase cigarettes in the Commonwealth) and an estimated 3,000 minors begin smoking every day in the United States. There is therefore, an important health need to reduce easy access to tobacco products by youths through strict enforcement of the state law prohibiting sales to minors, MGL C. 270, § 6.
2. 
Definitions.
A. 
BAR — An establishment which is primarily dedicated to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages. This does not include the lounge or bar service areas of a food-service establishment
B. 
DESIGNATED SMOKING AREA — The area, designated by the proprietor, manager, owner or other person(s) of authority, in which smoking is permitted. Such areas shall be designated so as to minimize exposure of nonsmoking patrons and/or employees.
C. 
EMPLOYEE — Any individual who performs services for an employer in return for wages or profit.
D. 
EMPLOYER — Any individual, partnership, association, corporation, trust or other organized group of individuals, including the Town of Andover or any agency thereof, which regularly uses the services of one or more employees.
E. 
ENCLOSED — A space bounded by walls with a door and under a roof.
F. 
FREESTANDING DISPLAY — Any display of cigarettes or tobacco products which is not attached to or on top of a checkout counter or where distribution of the tobacco products is not directly controlled by an employee.
G. 
FOOD-SERVICE ESTABLISHMENT — Any place in which food is prepared for service, with or without charge, including but not limited to any restaurant, coffee shop, cafeteria, workplace cafeteria, luncheonette, short-order cafe, pizza shop, donut shop, grille, tearoom, sandwich shop, bar, tavern or lounge.
H. 
INDOOR SPORTS ARENA — Any sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller or ice rink, bowling alley or other similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition or witness sports events.
I. 
LOUNGE/BAR SERVICE — Any area in a food-service establishment where alcoholic beverages are served or prepared.
J. 
MINOR — A person under 18 years of age.
K. 
MUNICIPAL BUILDING — The town offices, library, police/fire station, schools and school administration building, water treatment plant, Department of Public Works, all municipal maintenance buildings and any and all facilities owned and operated by the town.
L. 
NONSMOKING AREA — Any area that is designated and posted by the proprietor, owner or person in charge as a place where smoking by patrons, employees or others is prohibited.
M. 
PUBLIC PLACE — An enclosed, indoor area when open to and used by the general public, including but not limited to the following: licensed child-care locations, educational facilities, elevators accessible to the public, clinics and nursing homes, inns, hotel and motel lobbies, stairwells, halls, entranceways, public rest rooms, libraries, municipal buildings, museums, retail food establishments, indoor sports arenas, theaters, auditoriums, public transit facilities and any rooms or halls when used for public meetings. A room or hall used for a private social function in which the sponsor of the private function and not the owner or proprietor has control over the seating arrangements shall not be construed as a public place.
N. 
RESTAURANT — Any establishment serving food for consumption on the premises which maintains tables for the use of its customers. This includes cafeterias in the workplace.
O. 
RETAIL FOOD ESTABLISHMENT — Any establishment commonly known as a supermarket, grocery store or convenience store in which the primary activity is the sale of food items to the public for off-premise consumption.
P. 
RETAIL STORE — Any establishment selling goods, articles or personal services to the public.
Q. 
SEATING CAPACITY — The capacity designated on the occupancy permit.
R. 
SMOKING — The lighting of any cigar, cigarette, pipe or other tobacco product.
S. 
TOBACCO — Cigarettes, chewing tobacco, snuff or tobacco in any of its forms.
T. 
TOBACCO VENDING MACHINES — A device which dispenses tobacco products by self-service or by remote control.
U. 
WORKPLACE — Any area within a structure or portion thereof in which one or more employees perform services for their employer. It also includes employee lounges, rest rooms, conference rooms, hallways, stairways and entranceways.
3. 
Prohibition on smoking in public places.
(1) 
Municipal buildings.
a. 
Smoking and the use of other tobacco products shall not be permitted in any municipal building in the Town of Andover.
(2) 
Restaurants.
a. 
Smoking shall not be permitted in any restaurant in the Town of Andover. This shall also include the lounge/bar service area in a food-service establishment.
b. 
Each restaurant shall conspicuously post signs to indicate that it is a nonsmoking establishment. The proprietor, manager or person in charge shall ask patrons who may be smoking to refrain from smoking.
(3) 
Retail stores.
a. 
The prohibition on smoking in public places shall apply to retail stores doing business with the general public. Smoking areas may be designated in portions of said stores not open to the public and in stores whose business is exclusively dedicated to the sale of tobacco products.
(4) 
Other public places.
a. 
No person shall smoke in any public place, as defined in Subsection 2M, except that smoking shall be permitted in specifically designated smoking areas as provided in Subsection 3(4)b. Hallways, elevators, entranceways, stairways, rest rooms and waiting areas may not be designated as smoking areas. No place governed by this by-law shall be designated as a smoking area in its entirety. Nothing in this section shall be construed as to require the creation of a smoking area.
b. 
Smoking areas may be designated in museums, clinics, health care facilities, nursing homes, long-term care facilities, auditoriums, indoor sporting arenas, hotel and motel lobbies, private schools and theaters, provided that comparable nonsmoking areas of sufficient size and capacity are available. Physical barriers and a separate ventilation system shall be used to segregate smoking areas from nonsmoking areas. Hallways, elevators, entranceways, stairwells, rest rooms and waiting areas in all the above facilities may not be designated as smoking areas. Areas designated as smoking areas must be conspicuously marked.
(5) 
Exclusions. The provisions of this by-law shall not apply to:
a. 
Bars, as defined in Subsection 2A.
b. 
Private residences, including private and personal property.
c. 
Hotel and motel rooms rented to guests that have been designated as smoking rooms.
d. 
Stores exclusively dedicated to the sale of tobacco products.
e. 
Hotel and motel conference/meeting rooms and private assembly rooms while these places are being used for private functions.
f. 
Private or semiprivate rooms of nursing homes and long-term care facilities occupied by one or more patients, all of whom are smokers who have requested, in writing, on the facility admission form to be placed in rooms designated as smoking rooms. These rooms are to be situated in a manner which will effectively make use of the ventilation system so as to provide ambient air quality equal to the ambient air quality in nonsmoking areas. Designated smoking areas will be terminated upon failure of the ventilation system in that area.
(6) 
Implementation. The proprietor(s) or other person(s) in charge of a place covered by this by-law shall prevent smoking in nonsmoking areas by:
a. 
Conspicuously posting a notice or sign at each entrance to the public place indicating smoking is prohibited therein except in specifically designated smoking areas. In addition, conspicuously posting "SMOKING" and "NO SMOKING" signs or the international "NO SMOKING" symbol in every area where smoking is permitted or prohibited by this by-law.
b. 
Arranging seating so that physical barriers, ventilation systems and available space are utilized to eliminate the presence of smoking by-products in the nonsmoking area. Nonsmoking areas are to be situated near the ventilation system of the facility. The heating, ventilation and air-conditioning system (HVAC) shall be installed so that no return air from smoking areas may enter the unit.
c. 
Requiring patrons who may be smoking in a nonsmoking area either to refrain from smoking or to move to a smoking area.
d. 
Using any other means which may be appropriate and reasonable to enforce this by-law.
4. 
Retail sale of tobacco products.
(1) 
No person, firm, corporation, establishment or agency shall sell cigarettes, chewing tobacco products or other tobacco products in the Town of Andover unless their purchase is controlled by an employee of the establishment. Freestanding displays of cigarettes, chewing tobacco or other tobacco products from which individual packages or cartons may be selected by the customer shall not be permitted.
(2) 
In conformance with MGL C. 270, § 6, no person shall sell cigarettes, chewing tobacco, snuff or tobacco products in any of its forms to any person under the age of 18 years old or, not being his/her parent or guardian, give cigarettes, snuff or tobacco products in any of its forms to any person under the age of 18 years.
(3) 
In conformance with MGL C. 270, § 7, a copy of MGL C. 270, § 6 shall be posted conspicuously by the owner or other person in charge thereof in the shop or other place to sell cigarettes at retail. The notice to be posted shall be that notice provided by the Massachusetts Department of Public Health. Such notice shall be at least 48 square inches and shall be posted at all cash registers where tobacco products may be purchased. They shall be posted in such a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of not less that four feet or greater than nine feet from the floor.
(4) 
Store owners, managers or other persons in charge where cigarettes, chewing tobacco and other tobacco products are sold shall conspicuously post and maintain signs that proof of age is required to purchase cigarettes or tobacco products. At a minimum signs shall be posted at every cash register. The following sign, provided by the Andover Board of Health, shall be posted at each register "It is against State and local law to sell tobacco to minors. Report violations to the Board of Health at 623-8295."
[Amended 4-24-2001 ATM, Art. 25]
(5) 
All employees selling cigarettes, chewing tobacco or other tobacco products in any form will positively establish the purchaser's age as 18 years or older, unless the seller has some other conclusive basis for determining the buyer is over the age of 18. No employee shall sell cigarettes or other tobacco products to a person under 18 years of age who has a note from an adult requesting such sale.
(6) 
No person, firm, corporation, establishment or agency selling cigarettes, chewing tobacco or other tobacco products in any of its forms in the Town of Andover shall allow anyone to sell tobacco products until the employee has read the by-law and the state laws pertaining to the sale of tobacco products and has signed an affidavit, supplied by the Board of Health to be kept on file at the establishment. The employee's signature will verify that all the applicable state and local regulations have been read and understood. This file must be retained for the length of each individual's employment and must be made available for inspection upon request by the Board of Health or its agent(s).
(7) 
Sale or distribution of tobacco products in any form other than an original factory-wrapped package is prohibited.
(8) 
A license from the Andover Board of Health shall be required to sell at retail all tobacco products within the Town of Andover. Agents for the Andover Board of Health shall have the authority to enforce any licensing requirements in accordance with MGL c. 40, § 21D, the Administrative Penalties Act. The fee for such license shall not exceed $100 per calendar year.
[Added 4-24-2001 ATM, Art. 25]
5. 
Tobacco vending machines.
[Amended 4-24-2001 ATM, Art. 25]
(1) 
No person, firm, corporation, establishment or agency shall install or maintain a vending machine to distribute or sell tobacco products within the Town of Andover.
6. 
(Reserved)[1]
[1]:
Editor's Note: Former Section 6, Variance, was repealed 4-24-2001 ATM, Art. 25.
7. 
Penalties/enforcement.
(1) 
Any person who violates any section of this by-law may be subject to the following fines and penalties:
[Amended 4-24-2001 ATM, Art. 25]
(a) 
One-hundred-dollar fine for first offense.
(b) 
Two-hundred-dollar fine and suspension of retail tobacco product license for seven consecutive days for second offense within one year of first offense.
(c) 
Three-hundred-dollar fine and suspension of retail tobacco product license for 30 consecutive days for third offense within one year of first offense.
(2) 
The fines listed in Subsection 7(1) may be enforced as provided for in M.G.L. c. 40, § 21D (noncriminal disposition). Notwithstanding any decision made by a state court acting pursuant to M.G.L. c. 40, § 21D, the Board of Health may, after conducting its own hearing, impose the suspensions listed in Subsection 7(1). The designated enforcement officer of this by-law shall be the agents of the Board of Health.
[Amended 4-28-2003 ATM, Art. 38]
(3) 
In addition to the remedies provided by Subsection 7(1) and (2), the Board of Health may apply for injunctive relief to enforce the provisions of this by-law in any court of competent jurisdiction.
(4) 
Any person aggrieved by the willful failure or refusal to comply with restrictions in any municipal building may complain, in writing, to the Board of Health. The Board of Health or its agent shall respond, in writing, within 20 working days to the complainant citing the results of its investigation into the complaint and any action taken to enforce the provisions of this bylaw.
(5) 
Compliance monitoring of this by-law and its requirements may be enforced through periodic inspections or other legal means.
8. 
Severability.
(1) 
Each provision of this by-law is construed as separate to the extent that if any section, item, sentence, clause or phrase is determined to be invalid for any reason, the remainder of this by-law shall continue in full force and effect.
9. 
Effective date.
(1) 
The provisions of this by-law will become effective 30 days from the date of approval by the Office of the Attorney General of the Commonwealth of Massachusetts.

§ 36 Ballardvale Historic District.

[Added 4-12-1995 ATM, Art. 70]
1. 
Title. This by-law shall be known and may be cited as the "Ballardvale Historic District Bylaw" and is adopted pursuant to Chapter 40C of the General Laws of the Commonwealth of Massachusetts, as amended.
2. 
Purpose. The purpose of this by-law is to promote the educational, cultural, economic and general welfare of the public through the preservation and protection of distinctive historical buildings and places in the Ballardvale area of the Town of Andover through the maintenance and improvement of such buildings and places and the encouragement of appropriate and compatible design in this area.
3. 
Historic district. There is hereby established under the provision of Chapter 40C of the General Laws an historic district to be known as the "Ballardvale Historic District," which District shall be bounded as shown on the map, entitled "Ballardvale Historic District, 1994," attached to and made part of this bylaw.[1]
[1]:
Editor's Note: Said map is on file in the Town offices.
4. 
Definitions.
ALTERED
Includes the words "rebuilt," "reconstructed," "restored," "removed" and "demolished" and the phrase "changed in exterior color."
BUILDING
A combination of materials forming a shelter for persons, animals or property.
COMMISSION
The Ballardvale Historic District Commission.
CONSTRUCTED
Includes the words "built," "erected," "installed," "enlarged" and "moved."
DAYS
For the purposes of this bylaw, "days" shall mean calendar days.
DISTRICT
Ballardvale Historic District.
EXTERIOR ARCHITECTURAL FEATURE
A portion of the exterior of a building or structure as is open to view from a public street, public way, public park or public body of water, including but not limited to the architectural style and general arrangements and setting thereof, the kind of color and texture of exterior building materials, the color of paint or other materials applied to exterior surfaces and the type and style of windows, doors, lights, signs and other appurtenant exterior fixtures.
PERSONS AGGRIEVED
The applicant, an owner of adjoining property, an owner of property within the same historic district as property within 100 feet of said property lines and any charitable corporation in which one of its purposes is the preservation of historic structures or districts.
STRUCTURE
A combination of materials other than a building, including a sign, fence, wall, terrace, walk or driveway.
TOWN
The Town of Andover.
5. 
Ballardvale Historic District Commission.
A. 
There is hereby established under Chapter 40C of the General Laws an Historic District Commission consisting of seven members and two alternate members, all residents of the Town of Andover appointed by the Town Manager and approved by the Board of Selectmen, including one member, where possible, from two nominees submitted by the Andover Historical Commission; one member, where possible, from two nominees submitted by the Andover Historical Society; one member, where possible, from two nominees submitted by the Greater Lawrence Board of Realtors; one member, where possible, from two nominees submitted by the Massachusetts State Chapter of the American Institute of Architects; one member, where possible, from two nominees submitted by the Andover Planning Board; one member, where possible, from two nominees submitted by the Ballardvale business community; and one member who is both a resident and owner of property in the Ballardvale Historic District. Where possible, all members shall be both residents and owners of property in the District.
B. 
The Town Manager and the Board of Selectmen shall submit written requests for nominations to the organizations named herein. If no nomination has been made within 30 days of submitting a request, the Town Manager and the Board of Selectmen may proceed without waiting for the requested nomination.
C. 
When the Commission is first established, three members shall be appointed for three-year terms, and two members and one alternate member shall be appointed for two-year terms, and two members and one alternate member shall be appointed for one-year terms. Successors shall be appointed for terms of three years. Vacancies shall be filled within 60 days by the Town Manager by appointment with approval by the Board of Selectmen for the unexpired term.
D. 
In the case of absence, inability to act or unwillingness to act because of self-interest by a member, the Chairperson may designate an alternate member of the Commission to act for a specified time. If any member is absent from three consecutive Commission meetings, the Chairperson may appoint an alternate member as a replacement to serve for the remainder of that member's term, whereupon the Town Manager shall appoint and the Board of Selectmen approve a new alternate member. Each member and alternate member shall continue in office until his or her successor is duly appointed. All members and alternate members shall serve without compensation.
E. 
The Commission shall elect annually a Chairperson, a Vice Chairperson and a Secretary from its own number. Meetings of the Commission shall be held only if attended by a quorum of at least five members, including alternate members designated to act as members. If the Chairperson is absent from a meeting, the Vice Chairperson shall act as Chairperson. Decisions of the Commission at a meeting require a majority vote of the members, including designated alternates, who are present at the meeting.
6. 
Powers and duties of the Commission.
A. 
The Commission shall have all of the powers and duties of historic district commissions as provided by Chapter 40C of the General Laws, and by subsequent amendments thereto, unless specifically limited by this bylaw. The Commission may adopt rules and regulations not inconsistent with the provisions of Chapter 40C. The Commission may, subject to appropriation, employ clerical and technical assistants or consultants and incur other expenses appropriate to the carrying on of its work and may accept money gifts and expend the same for such purposes when reviewed by Town Counsel and approved by the Board of Selectmen. The Commission may administer on behalf of the Town any properties or easements, restrictions or other interests in real property which the Town may have or may accept as gifts or otherwise and which the Town may designate the Commission as the administrator thereof.
B. 
The Commission shall have jurisdiction over the review of new construction, reconstruction, alterations, relocation and demolition of all exterior architectural features of buildings and structures within the Ballardvale Historic District, except as limited by this bylaw.
C. 
In passing upon matters before it, the Commission shall consider, among other things, the historical and architectural value and significance of the site, building or structure, the general design arrangement of the features involved and the relation of such features to similar features of buildings and structures in the surrounding area. In the case of new construction or additions to existing buildings or structures, the Commission shall consider the appropriateness of the size and shape of the building or structure, both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the Commission may, in appropriate cases, impose dimensional and setback requirements in addition to those required by any applicable Town bylaw.
7. 
Limitations and exemptions.
A. 
The Commission shall not act to prevent or unnecessarily delay new construction, reconstruction or alterations except for the purpose of preventing developments incongruous to historical considerations and architectural features of value, viewed in relation to the surrounding area.
B. 
The following are exempt from review or control by the Commission:
1. 
Ordinary maintenance and repair, as defined by the Commonwealth of Massachusetts State Building Code 780 CMR.
2. 
Landscaping with plants, trees or shrubs.
3. 
Terraces, walks, sidewalks, driveways and other similar structures, provided that the structure is at grade level. However, parking lots or parking areas require Commission review and must be in compliance with the provisions of Article VIII, Section 5.0, Subsection 5.1, of the Town of Andover Zoning Bylaw.
[Amended 4-28-2003 ATM, Art. 35]
4. 
Storm doors and windows, screens, window air conditioners, residential light fixtures and conventional antennas no larger than six feet in any dimension. However, dish antennas and solar collectors require Commission review.
5. 
The color of paint.
6. 
The colors of materials used on roofs.
7. 
Temporary signs or structures to be in use for not more than 90 days. However, temporary signs shall further comply with the requirements of Article VIII, Section 5.0, Subsection 5.2, Paragraph 5.2.6, of the Town of Andover Zoning Bylaw, as amended from time to time. Temporary structures shall further comply with the Commonwealth of Massachusetts State Building Code 780 CMR.
[Amended 4-28-2003 ATM, Art. 35]
8. 
Signs used for residential occupation or professional purposes, of not more than two square feet in area, provided that a) no more than one sign is displayed on or near any one building or structure; b) the sign consists of lettering painted on wood without a symbol or trademark; and c) all signs must comply with all applicable requirements of Article VIII, Section 5.0, Subsection 5.2, of the Town of Andover Zoning Bylaw. In addition, signs for commercial and institutional purposes require Commission review.
[Amended 4-28-2003 ATM, Art. 35]
9. 
Reconstruction substantially similar in exterior design of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other calamity, provided that such reconstruction is begun within one year thereafter and is carried forward with due diligence. Reconstruction must also meet all applicable requirements of the Town of Andover Zoning Bylaw and the Commonwealth of Massachusetts State Building Code, 780 CMR.
[Amended 4-28-2003 ATM, Art. 35]
8. 
Procedures.
A. 
Except as this by-law provides in Section 7, no building or structure within the Historic District shall be constructed or altered in any way that affects exterior architectural features unless the Commission shall first have issued a certificate of appropriateness, a certificate of nonapplicability or a certificate of hardship with respect to such construction or alteration. In addition, the demolition of any building or structure must comply with the requirements of Article XII, Section 33, of the General Bylaws of the Town of Andover. In the event of any conflict with the provisions of Article XII, Section 33, of the General Bylaws, this by-law shall prevail.
B. 
Applications for certificates shall be made with the Inspector of Buildings. Copies of applications shall be forwarded to the Historic District Commission. Applications shall be in a form specified by the Commission that adequately describes the proposed work. This may include plans and elevations, drawn to scale, detailed enough to show the architectural design of the structure and its relation to the existing building. Plot and site plans should be filed when an application is made for improvements involving applicable landscape features such as walls and fences. In the case of demolition or removal, the Inspector of Buildings shall forward one copy of the demolition permit application to the Commission.
C. 
Within 14 days of the filing of an application for any certificate, the Commission shall be required to determine whether the application involves any exterior architectural features which are within the jurisdiction of this bylaw.
D. 
If the application requires the Commission's review or at the request of the applicant, the Commission shall hold a public hearing (a hearing may be waived according to the provisions of Chapter 40C of the General Laws, as amended). The Commission shall fix a reasonable time for the hearing on any application. The Inspector of Buildings shall give public notice of the time, place and purposes thereof at least 14 days before said hearing in such manner as may be determined. A copy of said notice shall be mailed, postage prepaid, to the applicant, to the owners of all adjoining property and other property deemed by the Commission to be materially affected thereby as they appear on the most recent real estate tax list of the Board of Assessors, to the Town Planning Board and to such other persons as the Commission shall deem entitled to notice.
E. 
The Commission shall decide upon the determination of any application within 60 days of its filing or within such further time as the applicant may choose to allow in writing.
F. 
A certificate of appropriateness shall be issued to the applicant if the Commission determines that the proposed construction or alteration will be appropriate for or compatible with the preservation or protection of the Historic District. In the case of a disapproval of an application for a certificate of appropriateness, the Commission shall place upon its records the reason for such a determination and shall forthwith cause a notice of its determinations, accompanied by a copy of the reasons therefor as set forth in the records of the Commission, to be issued to the applicant, and the Commission may make recommendations to the applicant with respect to the appropriateness of the design. Prior to the issuance of any disapproval, the Commission may notify the applicant of its proposed action, accompanied by recommendations of changes in the applicant's proposal, which, if made, would make the application acceptable to the Commission. If within 14 days of the receipt of such notice, the applicant files a written modification of the application in conformity with the recommended changes of the Commission, the Commission shall issue a certificate of appropriateness to the applicant.
G. 
Only upon request will the Commission issue a certificate of nonapplicability to any applicant whose application does not require Commission approval.
H. 
If an application is deemed inappropriate or if application is made for a certificate of hardship, the Commission may issue a certificate of hardship, if conditions especially affecting the building or structure involved, but not affecting the Historic District generally, would make failure to approve an application involve a substantial hardship, financial or otherwise, to the applicant and approval would not involve substantial detriment to the public welfare. A certificate of hardship shall also be issued in the event that the Commission does not make a determination of an application within the time specified in Subsection 8E of this by-law.
I. 
Each certificate shall be dated and signed, and the Commission shall keep a permanent record of its determination and of the vote of each member participating therein and shall file a copy of notice of certificates and determinations of disapproval with the Town Clerk and the Inspector of Buildings.
J. 
Any person aggrieved by a determination of the Commission may, within 20 days after filing of the notice of determination with the Town Clerk, file a written request with the Commission for a review by a person or persons of competence and experience in such matters, designated by the Merrimack Valley Planning Commission.
The finding of the person or persons making such review shall be filed in triplicate with the Town Clerk, the Inspector of Buildings and the Historic District Commission within 45 days after the request and shall be binding on the applicant and the Commission, unless a further appeal is sought as provided in Subsection 8K of this by-law.
K. 
Any person aggrieved by a determination of the Commission or by a finding by the person or persons making a review may, within 20 days after filing of the notice of such determination or such finding with the Town Clerk, appeal to the Superior Court sitting in equity for Essex County. The Court shall hear all pertinent evidence and shall annul the determination of the Commission if it finds the decision of the Commission to be unsupported by the evidence or to exceed the authority of the Commission or may remand the case for further action by the Commission or make such other decree as justice and equity may require. The remedy provided by this section shall be exclusive, but the parties shall have all rights of appeal and exception as in other equity cases.
Costs shall not be allowed against the Commission unless it shall appear to the Court that the Commission acted with gross negligence, in bad faith or with malice in the matter from which the appeal was taken. Costs shall not be allowed against the party appealing from such a determination of the Commission unless it shall appear to the Court that such party acted in bad faith or with malice in making the appeal to the Court.
L. 
The Superior Court sitting in equity for Essex County shall have jurisdiction to enforce the provisions of this by-law and the determinations, rulings and regulations pursuant thereto and may, upon the petition of the Commission or the Board of Selectmen, restrain by injunction violations thereof; and, without limitation, such Court may order the removal of any building, structure or exterior architectural feature constructed, altered or demolished in violation thereof and may issue such other orders for relief as may be equitable.
Whoever violates any of the provisions of this by-law shall be punished by a fine of not more than $100 for each offense. Each day during any portion of which a violation continues to exist shall constitute a separate offense.
9. 
The Town of Andover shall be subject to the provisions of this by-law, notwithstanding any town by-law to the contrary.
10. 
This by-law may be amended from time to time by a two-thirds vote of the Town Meeting, subject to the procedures as set forth in Chapter 40C, Section 3, of the General Laws. The Board of Selectmen may set reasonable fees for the administration of this by-law based on the recommendations of the Historic District Commission.
11. 
In case any section, paragraph or part of this by-law 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. 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 Chapter 40C of the General Laws.
12. 
Effective date. Following Town Meeting approval, this by-law takes effect immediately when the following conditions have been met: approval by the Attorney General of the Commonwealth of Massachusetts; filing of a map of the boundaries of the Historic District with the Andover Town Clerk, the Andover Inspector of Buildings and the Registry of Deeds for Essex County.

§ 37 Chimneys.

[Added 4-12-1995 ATM, Art. 72]
All new chimneys and all chimneys being repaired or replaced must install at the top of the chimney a cap or screening or some other similar device to keep animals out of the chimney.

§ 38 Cats.

[Added 4-12-1995 ATM, Art. 73]
Whoever is the owner or keeper of a cat in the Town which is six months of age or older shall cause such cat to be vaccinated against rabies by a licensed veterinarian using a licensed vaccine according to the manufacturer's directions and shall cause such cat to be revaccinated at intervals recommended by the manufacturer.

§ 39 Silly string, smoke bombs and stink bombs.

[Added 4-29-1998 ATM, Art. 81]
(a) 
Purpose: The Town has experienced severe problems with persons discharging stink bombs, smoke bombs and silly string and other aerosol products in and around the Andover Public Schools and in and around public ways of the town. School days have been disrupted due to the discharge of these products in the schools. Stink bombs, smoke bombs, silly string and other aerosol products are causing a deterioration of the aesthetics of the community. The public safety, health and welfare are adversely affected by the discharge of stink bombs, smoke bombs, silly string and other aerosol products at parades and other public gatherings. It is the purpose and intent of this by-law to eliminate the adverse secondary effects caused by these products, with those secondary effects having been clearly confirmed by reports given by public school and safety officials, which have been relied upon in the enactment of this bylaw.
(b) 
Definitions:
SILLY STRING
An aerosol device that upon discharge emits a string-like substance.
SMOKE BOMB
A chemical bomb that upon detonation discharges smoke.
STINK BOMB
A chemical bomb that upon detonation emits a foul odor.
(c) 
The sale, distribution and discharge of stink bombs, smoke bombs and aerosol silly string products within the Town of Andover are prohibited.
(d) 
This by-law shall not apply to public safety personnel in the conduct of their duties.

§ 40 Pawnbrokers and secondhand dealers.

[Added 4-29-1998 ATM, Art. 90]
I. 
Preamble. The intent of this by-law is to establish a system which fairly and impartially regulates retail transactions of a pawnbroker or a secondhand dealer for the purpose of:
A. 
Identifying stolen property unintentionally received by the regulated parties; and
B. 
Detention of regulated parties intentionally transacting business in stolen property.
II. 
Definitions.
CUSTOMER
Any person who sells, exchanges or otherwise transfers a secondhand article to a secondhand dealer; or any person who receives a loan from a pawnbroker secured by personal property or sells personal property to a pawnbroker with a right to repurchase within a stated period of time.
MINOR
Any person under the age of 18 years of age.
PAWNBROKER
Any person, firm, partnership or corporation engaged in the business of lending money secured by taking possession of jewelry, wearing apparel, household goods or other personal property, with the right to sell the personal property if it is not redeemed. A person, firm, partnership or corporation shall be deemed to be a pawnbroker whether the transaction takes the form of a loan by the pawnbroker secured by the property or a sale to the pawnbroker with the rights to repurchase within a stated period of time.
SECONDHAND DEALER
Any person, firm, partnership or corporation whose business is the retail buying, selling, buy-back, exchanging, dealing in or dealing with secondhand articles purchased by the secondhand dealer or any person so employed at the place of business described on the license issued by the Board of Selectmen as required by § III of this bylaw, including but not limited to jewelry, watches, diamonds or other precious stones or gems, gold, silver, platinum or other precious metals, musical instruments and equipment, cameras, furs, small collectible antiques, home and auto stereo equipment, compact discs, cassette tapes, televisions, VCR's, tools, computers and computer equipment, firearms, auto accessories, sporting equipment and collectibles. Mail order transactions or retail stores that exchange or provide cash or credit for returned articles shall not be included within these definitions.
III. 
Licensing procedure.
A. 
No person, firm, partnership or corporation shall operate, conduct or engage in business as a secondhand dealer/pawnbroker unless such person, firm, partnership or corporation shall first obtain a license from the Board of Selectmen or their designee, i.e. Chief of Police. This provision shall not apply to loans made upon stock, bonds, notes or other written evidence of ownership of property or of indebtedness to the holder or owner of any such securities.
[Amended 4-27-2004 ATM, Art. 51]
B. 
Applications for new licenses and renewal licenses for a secondhand dealer/pawnbroker shall be made in writing to the Town Clerk on forms provided for this purpose by the Town of Andover. Each application will be reviewed by the Chief of Police or his designee and approved by the Board of Selectmen. Each issued license and applicable licensing requirement shall be issued on a location specific basis. No such license shall be issued to any person, firm or corporation who has in the last 10 years been convicted of receiving stolen property or who has repeatedly violated ordinances, bylaws or statutes of this state or any other state or territory related to the business license in this state or any state or territory. Refusal of a license shall be based on just cause.
C. 
Upon approval, a license shall be issued and continue in force until May 1 next following unless sooner revoked. Each license fee shall be set by the Board of Selectmen in accordance with M.G.L. c. 40, § 22F. Said license may not be assigned or transferred and will be clearly and prominently displayed.
[Amended 4-28-2003 ATM, Art. 37]
D. 
A secondhand dealer may apply for a waiver of the licensing requirements hereunder. The Board of Selectmen or their designee, i.e., Chief of Police, may grant such waiver if it is determined that the applicant is in a business which receives its stock-in-trade from charitable donations or is a business the nature of which is not susceptible to the purchase and resale of stolen property.
E. 
Applications for waivers shall be made in writing to the Police Department on forms provided for this purpose by the Town of Andover and shall be renewed on a yearly basis on such terms and conditions as the Town shall mandate.
IV. 
Purchasing from minors.
A. 
No secondhand dealer/pawnbroker, nor any person employed by the secondhand dealer/pawnbroker, shall directly or indirectly purchase any aforementioned article from anyone under 18 years of age, knowing or having reason to believe him or her to be such except when said minor is accompanied by a parent or legal guardian who shall sign the transaction record in person before said dealer.
V. 
Records, inspections, resale, changes, alterations.
A. 
Every secondhand dealer/pawnbroker, upon the acquisition of any aforementioned article, shall prepare transaction records upon forms approved by the Town of Andover stating the full name, ID number, date of birth, telephone number and address of the seller, date of the transaction and full, legible, accurate and detailed description (to include make, model and serial number) of each article. Dealer shall attach a photocopy of the identification to the form along with the seller's signature. A photocopy of the article, if required by the nature or the size of the item, will also be attached to the form. The prior day's forms shall be delivered to the Andover Police Department every business day before the hour of 10:00 a.m., in person or by fax.
The commanding officer of the Detective Division will designate an officer of his command who will review each police report received listing lost/stolen property and also ensure that a report is received from all junk, precious and/or old metals and secondhand articles, shopkeepers/dealers for the purpose of identifying any article that is like or similar to one which has been reported lost or stolen. Should this situation occur, a "stop order" shall be issued by the Chief of Police or his designee to the shopkeeper/dealer prohibiting the resale of the particular article(s) until it can be determined whether the particular piece(s) is in fact that which has been reported lost/stolen. If it is determined that the particular article is not reported lost/stolen, the "stop order" shall be lifted forthwith.
B. 
Jewelry, watches, diamonds or other precious stones or gems, gold, silver, platinum or other precious metals or items by virtue of their size shall be photocopied by use of a document copier.
C. 
Positive identification in the form of a government photo ID shall be required of the seller, and the type of identification used shall be photocopied. This shall not apply with a transaction between secondhand dealers/pawnbrokers as herein defined.
D. 
Said dealer shall retain copies of purchase records in his possession which, together with any article listed therein, may be inspected at any time by any duly authorized Andover police officer during regular business hours while making all reasonable efforts not to disrupt the normal course of business.
All transaction records shall be kept by said secondhand dealers/pawnbrokers for a minimum of seven years.
No article shall be sold, encumbered by sales contract or otherwise disposed of or altered in its appearance within 15 days of purchase unless the secondhand dealer is granted permission in writing from the Chief of Police or his designee but in any case not within 24 hours of time of purchase. Pawnbrokers shall retain nonperishable articles for at least four months and perishable articles for one month.
Articles deposited in pawn with a licensed pawnbroker shall, unless redeemed, be retained by him on the premises occupied by him for his business.
[Added 4-27-2004 ATM, Art. 51]
After the expiration of the applicable period of time, he may sell the article by public auction, apply the proceeds thereof in satisfaction of the debt or demand and the expense of the notice and sale, and pay any surplus to the person entitled thereto on demand.
[Added 4-27-2004 ATM, Art. 51]
No such sale of any article which is not of a perishable nature shall be made unless not less than 10 days prior to the sale a written notice of the intended sale shall have been sent by registered mail to the person entitled to payment of any surplus as aforesaid, addressed to his residence, as appearing in the records of such pawnbrokers. Proof of registered mail shall be kept on file for one year after the date of sale.
[Added 4-27-2004 ATM, Art. 51]
No article taken in pawn by such pawnbroker shall be disposed of otherwise than as above provided, any agreement or contract between the parties thereto to the contrary notwithstanding.
[Added 4-27-2004 ATM, Art. 51]
Articles of personal apparel shall not be deemed to be of perishable nature within the meaning of this section.
[Added 4-27-2004 ATM, Art. 51]
E. 
No pawnbroker shall loan money secured by a deposit or pledge of firearm, rifle, shotgun or machine gun. No pawnbroker shall hold a license to sell, rent, or lease a firearm, rifles, shotguns, or machine guns.
[Added 4-27-2004 ATM, Art. 51]
VI. 
Removal of articles by police officers.
A. 
If the Andover Police Department determines that an article is needed for evidence in a criminal investigation, the Police Department shall seize that evidence pursuant to applicable criminal procedures. The secondhand dealer/pawnbroker shall be issued a receipt for the article.
B. 
The Andover Police Department shall keep seized articles under the court's direction as long as necessary to permit the article to be used as evidence. At the conclusion of all court proceedings or closure of the police investigation, the Police Department shall notify the original owner, the secondhand dealer/pawnbroker and any person who may have a lawful interest that the property will be released in 30 calender days to the original owner if no other claim is placed on the property.
VII. 
Penalties.
A. 
Any violation of this chapter shall be punishable by a fine not exceeding $200 per day.
B. 
The Chief of Police may suspend or revoke said license for just cause. Said action will be stayed if an appeal is filed.
C. 
Any suspension or license revocation by the Chief of Police may be appealed by the licensee to the Board of Selectmen. That appeal must be made within 10 business days from the date of action by the Chief of Police.
VIII. 
Charges.
[Added 4-27-2004, Art. 51]
Licensed pawnbrokers may charge the following rates of interest:
(a) 
For loans up to and including $25, 5% a month (and each fraction thereof at the same rate).
(b) 
For loans over $25, 3% a month (and each fraction thereof at the same rate)
No such pawnbrokers shall charge or receive any greater rate of interest and interest shall be determined on the precise sum advanced by the lender.
No pawnbroker shall make or receive any extra charge or fee for storage, care or safekeeping of any goods, articles or thing pawned with him.

§ 41 Tax agreements for brownfields.

[Added 4-24-2001 ATM, Art. 27]
The Town of Andover is authorized, pursuant to Massachusetts General Laws, Chapter 59, Section 59A, as amended, to enter into agreements regarding payment or abatements of real estate taxes, and/or interest, and/or penalties relative to sites or portions of sites within the Town of Andover, from or at which there has been a release of oil or hazardous materials. The following are necessary conditions and components of any such agreement:
(a) 
The site or a portion thereof must be one from, or at which, there has been a contaminated release of oil or hazardous material.
(b) 
The site or a potion thereof is zoned for commercial or industrial uses.
(c) 
The agreement must be for the purpose of environmental cleanup and redevelopment of such site, and shall require submission of any plans to address such.
(d) 
The agreement must provide:
(i) 
The principal amount due of outstanding taxes, interest and penalties, before abatement of any amount thereof;
(ii) 
The amount of taxes, interest and penalties to be abated, if any;
(iii) 
The net amount of taxes, interest and penalties due after abatement;
(iv) 
The percent of interest to accrue, if determined applicable;
(v) 
The inception date of payment;
(vi) 
The date of final payment; and
(vii) 
Late penalties and other terms of repayment.
(e) 
Agreements can only be made with an eligible owner as defined under MGL c. 21E, § 2. Eligible owners are new, innocent purchasers who did not own the site at the time the oil or hazardous material was released and did not cause or contribute to its release.
(f) 
Such agreements shall be negotiated by the Town Manager (with the assistance of the Manager's various departmental staff members), the Town Treasurer and the Board of Assessors.
(g) 
Such agreements shall be subject to the approval vote of the Board of Selectmen.
(h) 
Such agreements, as required by said MGL c. 59, § 59A, shall be signed by the eligible property owner and the Chair of the Board of Selectmen.
(i) 
Such agreements shall be notarized and attested to by the Town Clerk.
(j) 
Such agreements shall contain any other provisions as may be required by law, ordinance or regulation of the Department of Revenue.
(k) 
In the event any such agreement reduces the tax to be paid, abatements must be processed and charged to the overlays for the fiscal years of the taxes abated.
(l) 
Copies of the executive agreement shall be provided to the eligible property owner, the Board of Selectmen, and the following state and federal agencies: Massachusetts Department of Revenue (Property Tax Bureau), Massachusetts Department of Environmental Protection and United States Environmental Protection Agency.

§ 42 Community Preservation Committee.

[Added 4-23-2007 ATM, Art. 34]
1. 
Establishment.
A. 
There is hereby established a Community Preservation Committee, consisting of nine voting members pursuant to Massachusetts General Laws, Chapter 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 for a term of three years.
(2) 
One member of the Preservation Commission as designated by the Commission for a term of three years.
(3) 
One member of the Planning Board as designated by the Board for a term of three years. One member to be appointed by the Town Manager, subject to the confirmation by the Board of Selectmen, representing the interest of parks and recreation for a term of one year and thereafter a term of three years.
(4) 
One member of the Andover Housing Partnership Committee as designated by the Committee for an initial term of one year and thereafter for a term of three years.
(5) 
One member of the Housing Authority as designated by the Authority for an initial term of two years and thereafter for a term of three years.
(6) 
Three members to be appointed by the Town Manager, subject to the confirmation by the Board of Selectmen, one member to be appointed for a term of one year and thereafter for a term of three years and two members to be appointed for a term of two years and thereafter for a term of three years.
B. 
Should any of the commissions, boards or committees who have appointment authority under this chapter be no longer in existence for whatever reason, the appointment authority for that commission, board or committee shall become the responsibility of the Town Manager subject to the confirmation of the Board of Selectmen.
2. 
Duties.
(1) 
The Community Preservation 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 Preservation Commission, the Planning Board, the Andover Housing Partnership Committee and Housing Authority 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 and 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.
(2) 
The Community Preservation Committee shall make recommendations to the Town Meeting for the acquisition, creation and preservation of open space, for the acquisition and preservation 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 rehabilitation or restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided in this section. With respect to community housing, the Community Preservation Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.
(3) 
The Community Preservation 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 to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with community preservation.
3. 
Requirement for a quorum and cost estimates. The Community Preservation Committee shall not meet or conduct business without the presence of a quorum. A majority of the members of the Community Preservation Committee shall constitute a quorum. The Community Preservation Committee shall approve its action by majority vote. Recommendations to the Town Meeting shall include their anticipated costs.
4. 
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 Massachusetts General Laws, Chapter 44B.
5. 
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.
6. 
Effective date. Each appointing authority shall have 45 days after approval by the Attorney General to make their initial appointments.

§ 43 Affordable Housing Trust Fund.

[Added 4-23-2007 ATM, Art. 50]
1. 
Name of the Trust. The trust shall be called the "Town of Andover Affordable Housing Trust Fund."
2. 
Purpose. The purpose of the Trust shall be to provide for the preservation and creation of affordable housing in the Town of Andover for the benefit of low and moderate income households. In furtherance of this purpose, the Trustees are hereby authorized, in accordance with the procedures set forth herein, to acquire by gift, purchase or otherwise real property, personal property, or money, both tangible and intangible, of every sort and description; to use such property, both real and personal, and money in such manner as the Trustees shall deem most appropriate to carry out such purpose; provided, however, that all property and money held by the Trust and the net earnings thereof shall be used exclusively for the preservation and creation in the Town of Andover of affordable housing for the purposes for which this Trust was formed.
3. 
Tenure of Trustees. There shall be a Board of Trustees consisting of not less than five nor more than seven Trustees who shall be appointed by the Board of Selectmen. One of the Trustees shall be the Town Manager. Only persons who are residents of the Town of Andover shall be eligible to hold the office of Trustee. Trustees shall serve for a term of two years, except that two of the initial trustee appointments shall be for a term of one year, and may be re-appointed at the discretion of the Board of Selectmen. Any Trustee who ceases to be a resident of the Town of Andover shall cease to be a Trustee hereunder and shall promptly provide a written notification of the change in residence to the Board and to the Town Clerk. Any Trustee may resign by written instrument, signed and acknowledged by such Trustee and duly filed with the Town Clerk. If a Trustee shall die, resign, or for any other reason cease to be a Trustee hereunder before his/her term of office expires, a successor shall be appointed by the Board of Selectmen to fill such vacancy provided that in each case the said appointment and acceptance in writing by the Trustee so appointed is filed with the Town Clerk. No such appointment shall be required so long as there are five Trustees in office. Upon the appointment of any succeeding Trustee and the filing of such appointment the title to the Trust estate shall thereupon and without the necessity of any conveyance be vested in such succeeding Trustee jointly with the remaining Trustees. Reference to the Trustee shall mean the Trustee or Trustees for the time being hereunder.
4. 
Meetings of the Trust. The Trust shall meet at least quarterly at such time and at such place as the Trustees shall determine. Notice of all meetings of the Trust shall be given in accordance with the provisions of the Open Meeting Law, G.L. Chapter 39, Sections 23A, 23B and 23C. A quorum at any meeting shall be a majority of the Trustees qualified and present in person.
5. 
Powers of Trustees. The Board of Trustees shall have the following powers which shall be carried out in accordance with and in furtherance of the provisions of G.L. Chapter 44, Section 55C:
(1) 
With the approval of the Board of Selectmen, to accept and receive real property, personal property or money, by gift, grant, contribution, devise, or transfer from any person, firm, corporation or other public or private entity, including but not limited to money, grants of funds or other property tendered to the trust in connection with any ordinance or by-law or any general or special law, or any other source, including money from G.L. Chapter 44B;
(2) 
With the approval of the Board of Selectmen, to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income;
(3) 
With the approval of the Board of Selectmen and Town Meeting, to sell, lease, exchange, transfer or convey any real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to trust real property as the Trustees deem advisable notwithstanding the length of any such lease or contract;
(4) 
With the approval of the Board of Selectmen, to sell, lease, exchange, transfer, or convey any personal property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relative to trust personal property notwithstanding the length of any such lease or contract;
(5) 
To execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the Board engages for the accomplishment of the purposes of the trust;
(6) 
To employ advisors and agents, such as accountants, appraisers and lawyers as the Trustees deem necessary;
(7) 
To pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the trustees deem advisable;
(8) 
To apportion receipts and charges between income and principal as the Trustees deem advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise;
(9) 
With the approval of the Board of Selectmen, to participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution, to vote any securities or certificates of interest, and to consent to any contract, lease, mortgage, purchase or sale of property, by or between any corporation and any other corporation or person;
(10) 
With the approval of the Board of Selectmen, to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the trustees may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board, with the approval of the Board of Selectmen, may deem necessary and appropriate;
(11) 
To carry property for accounting purposes other than acquisition date values;
(12) 
With the approval the Board of Selectmen and the approval of Town Meeting by a two-thirds majority vote, to incur debt, to borrow money on such terms and conditions and from such sources as the Trustees deem advisable, and to mortgage and pledge trust assets as collateral;
(13) 
With the approval of the Board of Selectmen, to disburse trust funds for the purpose of making loans or grants in furtherance of the creation or preservation of affordable housing in Andover upon such terms as the Trustees shall deem most appropriate to carry out such purposes;
(14) 
To make distributions or divisions of principal in kind;
(15) 
To comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of G.L. Chapter 44, Section 55C, to continue to hold the same for such period of time as the Board may deem appropriate;
(16) 
To manage or improve real property and, with the approval of the Board of Selectmen and Town Meeting, to abandon any property which the Trustees determine not to be worth retaining;
(17) 
To invest the funds of the trust, and to hold all or part of the trust property uninvested for such purposes and for such time as the trustees may deem appropriate; and
(18) 
To extend the time for payment of any obligation to the trust.
6. 
Funds Paid to the Trust. Notwithstanding any general or special law to the contrary, all moneys paid to the trust in accordance with any zoning by-law, exaction fee, or private contribution shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property and these funds need not be further appropriated to be expended. All moneys remaining in the trust at the end of any fiscal year, whether or not expended by the board within one year of the date they were appropriated into the trust, remain trust property.
7. 
Acts of Trustees. A majority of Trustees may exercise any or all of the powers of the Trustees hereunder and may execute on behalf of the Trustees any and all instruments with the same effect as though executed by all the Trustees. No Trustee shall be required to give bond. No license of court shall be required to confirm the validity of any transaction entered into by the Trustees with respect to the Trust Estate.
8. 
Liability. Neither the Trustees nor any agent or officer of the Trust shall have the authority to bind the Town, except in the manner specifically authorized herein. The Trust is public employer and the Trustees are public employees for the purposes of G.L. Chapter 258. The Trust shall be deemed a municipal agency and the Trustees special municipal employees for the purposes of G.L. Chapter 268A.
9. 
Taxes. The Trust is exempt from G.L. Chapter 59 and 62, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the Commonwealth or any subdivision thereto.
10. 
Custodian of Funds. The Town Treasurer shall be the custodian of the funds of the Trust. The books and records of the Trust shall be audited annually by an independent auditor in accordance with accepted accounting practices for municipalities.
11. 
Governmental Body. The Trust is a governmental body for purposes of Sections 23A, 23B and 23C of G.L. Chapter 39.
12. 
Board of the Town. The Trust is a board of the Town for purposes of G.L. Chapter 30B and Section 15A of G.L. Chapter 40, but agreements and conveyances between the trust and agencies, boards, commissions, authorities, departments and public instrumentalities of the town shall be exempt from said Chapter 30B.
13. 
Duration of the Trust. This Trust shall be of indefinite duration, until terminated in accordance with applicable law. Upon termination of the Trust, subject to the payment of or making provisions for the payment of all obligations and liabilities of the Trust and the Trustees, the net assets of the Trust shall be transferred to the Town and held by the Board of Selectmen for affordable housing purposes. In making any such distribution, the Trustees may, subject to the approval of the Board of Selectmen, sell all or any portion of the Trust property and distribute the net proceeds thereof or they may distribute any of the assets in kind. The powers of the Trustees shall continue until the affairs of the Trust are concluded.
14. 
Execution of Documents. The Board of Selectmen may authorize the Trustees to execute, deliver, and record with the Registry of Deeds any documents required for any conveyance authorized hereunder, or to carry out the purposes and powers of the Trust.
15. 
Titles. The title to the various Articles herein are for convenience only and are not to be considered part of said Articles nor shall they affect the meaning or the language of any such Article.

§ 44 Banners in the General Business District.

[Added 4-30-2008 ATM, Art. 54]
(1) 
The intent of this bylaw is to allow a temporary banner to hang above ground across or along Main Street within the General Business District (GBD) by vote of the Board of Selectmen.
(2) 
Eligibility.
a. 
A banner application may be submitted to the Selectmen by a Town official for a Town-sponsored event or by a nonprofit organization seeking to display a banner relating to an event.
b. 
Banners can only promote events that satisfy the following criteria:
1. 
The event is coordinated by a nonprofit organization or Town department;
2. 
The event is held totally within Town boundaries; and
3. 
The organization seeking to display a banner must fill out an application no earlier than 12 months prior, and no later than four weeks prior, to the event. A representative of the organization must appear at a Selectmen's meeting to seek approval.
c. 
In the case of a conflict between two events scheduled for the same time period, the Selectmen may base their decision on the number of Andover residents which the event can be expected to attract.
d. 
There shall be no more than one banner across or along Main Street at any one time.
e. 
A banner may only be hung from freestanding poles or between two buildings as approved by the Board of Selectmen. The Selectmen shall determine the location of the banner.
[Amended 4-27-2011 ATM, Art. 41]
f. 
Except for a Town-sponsored banner, no organization may receive more than two approvals for a banner in any calendar year.
g. 
The Selectmen may deny an application at their discretion.
(3) 
Design and construction.
[Amended 5-13-2014 ATM, Art. 54]
a. 
The banner must be a maximum of 40 feet in length and 36 inches in height.
b. 
The banner must be double-sided with identical information on both sides.
c. 
The design and construction of the banner must be in accordance with the Banner Design Specification as established by the Board of Selectmen.
(4) 
Installation and removal.
a. 
Except for a Town-sponsored banner, the organization seeking the banner display must pay a fee as determined by the Board of Selectmen to cover the cost of the installation and removal of the banner.
b. 
The banner must be delivered to the Town no later than three weeks prior to the event. The Town will hang the banner.
c. 
The banner may be approved for no more than 10 consecutive days prior to the event and must be removed no later than two business days after the event. The Town will remove the banner.
d. 
Except for a Town-sponsored banner, at the time of filing an application, the organization must provide a certificate of insurance, from an insurance company authorized by the Commissioner of Insurance to provide insurance in the Commonwealth of Massachusetts, for a general liability policy relating to the installation, removal, display, and use of the banner for an amount of $2,000,000 naming the Town as an additionally insured party.
e. 
The Town of Andover assumes no responsibility for lost, stolen or damaged banners or for the use of such banners. Except for a Town-sponsored banner, the organization must sign a form that indemnifies, defends and holds harmless the Town and its officials and employees from any claims, liabilities and damages that may result from the installation, display, use and removal of the banner.

§ 45 Private property on Main Street Sidewalks.

[Added 4-30-2008 ATM, Art. 55]
1. 
Purpose. The purpose of this bylaw is to promote the public safety, aesthetics, and welfare through the regulation of items on Town sidewalks on or near Main Street so as to:
a. 
Provide for pedestrian safety and convenience;
b. 
Ensure no unreasonable interference with the flow of pedestrian traffic;
c. 
Provide reasonable access for emergency equipment;
d. 
Provide for snow removal and snow storage;
e. 
Reduce exposure of the Town of Andover to personal injury or property damage claims.
2. 
Definitions.
FLOWER POT OR PLANTER
A decorative object used to hold flowers or plants.
[Added 10-7-2009 STM, Art. 2]
NEWS BOX
Any freestanding type of self-service device for the vending or free distribution of newspapers, periodicals or printed material.
NEWS BOX DISTRIBUTION LOCATION
Reserved portion of Town land or sidewalks along or near Main Street allowing news boxes to remain free of charge.
OWNER
The owner of a news box or other item placed upon the Town's sidewalks.
URN
A pedestal vase typically larger than 20 inches high and used for flowers or plants.
[Added 10-7-2009 STM, Art. 2]
WINDOW BOX
A usually long, narrow box for growing plants, placed on a windowsill or ledge.
[Added 10-7-2009 STM, Art. 2]
3. 
Requirements.
a. 
No permission granted by the Board of Selectmen pursuant to Article XI, Section 3(b), of the Town's bylaws shall allow any item to be placed, affixed, erected or maintained on a Town sidewalk on Main Street between Locke Street and Lewis Street between the hours of 11:00 p.m. and 6:00 a.m. or on a Town sidewalk within 50 feet of Main Street's sidewalk between Locke Street and Lewis Street between the hours of 11:00 p.m. and 6:00 a.m.
b. 
Notwithstanding the foregoing subparagraph or the provisions of Article XI, Sections 3(a) and 3(b) of the Town's Bylaws the following are allowed as indicated:
[Amended 10-7-2009 STM, Art. 2]
i. 
News boxes are allowed on a Town sidewalk on Main Street between Locke Street and Lewis Street or on a Town sidewalk within 50 feet of Main Street's sidewalk between Locke Street and Lewis Street, free of charge, at all times and without a permit, but only at the news box distribution locations.
(1) 
There will be a minimum of three news box distribution locations along Main Street between Locke Street and Lewis Street. The Board of Selectmen shall designate the area and design of the news box distribution locations.
(2) 
A publication may be in only one news box at each distribution location but may be in more than one news box distribution location. Use of the news box distribution location will require the owner to register, at no charge, with the Director of the Department of Public Works no later than 14 days after the placement of the news box in order to provide identification and contact information. News boxes may not be attached to the public sidewalk. All news boxes must weigh enough to ensure security and stability. The owner is responsible for the installation, safety and maintenance of its news boxes. The Town is not liable for the theft of, or damage to, the news boxes or their content.
(3) 
There will also be a limited number of spaces available, free of charge, in Town-owned news boxes on a first-come, first-served basis for publishers of newspapers, periodicals or printed material who choose not to provide their own news boxes.
(4) 
In addition, publishers of newspapers, periodicals or printed material have the option to participate in an agreement between the publisher and the Town in creating custom news boxes along Main Street.
ii. 
Privately owned flower pots, urns or any other decorative item may be allowed at locations and times specifically approved by the Board of Selectmen on a Town sidewalk.
(1) 
The Board of Selectmen may grant permission by means of a written license to a business or person to occupy a public sidewalk or way in downtown Andover for a limited time for the decoration of a doorway or storefront with an object(s) such as a flower pot, urn, planter, and window box. Window boxes that do not touch the ground and protrude less than one foot are exempt from this policy so long as there is at least four feet from the edge of the window box to the edge of sidewalk.
(2) 
Prior to seeking a license from the Board of Selectmen, a business or person intending to occupy any sidewalk or way at the storefront of a building, shall provide an image showing the object and a plan demonstrating that a travel area between the object and the edge of sidewalk is at least four feet and is free and clear of any other obstructions to the Building Division and the Design Review Board. The Building Division and the Design Review Board may provide a verbal or written recommendation to the Board of Selectmen.
(3) 
After due consideration, a written license may be provided by the Board of Selectmen to the business owner or person and shall include the length of occupancy or time limit, the location of the object, the size of the object, and a picture, drawing or photo of the object.
(4) 
All window boxes, flower pots, urns or other decorative item must be kept clean, maintained, and free of litter.
(5) 
All items must weigh enough to ensure security and stability so as to no fall over or blow away. The owner is responsible for the installation, safety and maintenance of the item. The Town is not liable for theft of or damage to an item or its content.
(6) 
The business must provide insurance naming the Town as additional insured and written indemnification to hold the Town harmless from all claims for loss or damage arising from such occupancy or obstruction.
iii. 
Outdoor dining furniture as approved in accordance with Article XI, § 9, Outdoor Dining.
c. 
All news boxes at news box distribution locations which do not have printed material contained therein for a period of 45 consecutive days, and unregistered news boxes, will be considered abandoned property and subject to enforcement as specified in Section 4.
4. 
Enforcement.
a. 
Enforcement of the provisions of this bylaw shall be carried out by the Director of the Department of Public Works or such person as said Director may from time to time designate.
b. 
If the Director determines that a violation of any provision of this by-law has occurred, the Director shall, if ownership of the item or news box can be determined, send a notice of the violation, in writing, by first-class mail to the owner. The notice shall include the location of the item or news box and cause of the violation.
c. 
The notice shall inform the owner that at the expiration of 30 days from the issuance of the violation notice, the item or news box will be removed by the Director unless the violation is corrected.
d. 
Notwithstanding the provisions of the foregoing Subparagraphs 4(a) — 4(c), the Director may order the immediate removal of any item or news box that the Director determines presents an imminent threat or peril to public safety, provided that the owner, if known, shall be notified of such removal as soon as practicable thereafter.
e. 
Any item or news box which is removed shall be stored for a period of 90 days in order to allow the owner time to come forward and claim the item or news box.
f. 
Any item or news box removed, pursuant to this bylaw, may be retrieved by the owner upon payment of a removal and storage fee. Such fees shall be set by the Board of Selectmen at a public meeting based upon the Department of Public Works costs for removal and storage.
g. 
After an item or news box removed by the Director has been in storage for 90 days pursuant to this bylaw, the item or news box shall be deemed unclaimed and abandoned property and will be transferred to the Police Department for disposition in accordance with applicable law.
h. 
The Board of Selectmen may revoke a license issued under Subsection 3.b.ii of this bylaw if a violation of the license terms has occurred.
5. 
Exemption. The Town, state and federal governments are exempted from this bylaw.
6. 
Severability. The provisions of this bylaw shall be severable, and if any section, part, or portion hereof shall be held invalid for any reason by any court, the decision of such court shall not affect or impair any remaining section, part or portion thereof.

§ 46 Temporary repairs to private ways.

[Added 5-26-2009 ATM, Art. 52]
In accordance with the provisions of Massachusetts General Laws Chapter 40, § 6N, the Town may make temporary repairs on private ways under the following conditions:
1. 
The type and extent of the repairs authorized by this bylaw shall be any and all repairs, including drainage work, necessary for safe and convenient travel by the public, up to and including work that would be required to make the private way suitable to be accepted as a public way.
2. 
The Director of Public Works, with the approval of the Board of Selectmen, shall authorize such repairs, and shall determine whether the repairs are required by public necessity.
3. 
Not fewer than 75% of the abutters to the private ways must petition for such repairs.
4. 
Betterment charges shall be assessed for the repairs according to the uniform unit method.
5. 
The Town shall not be liable in any manner or amounts on account of any damages caused by such repairs.
6. 
Such repairs shall be performed only on ways that have been open to public use for at least six years, as determined by the Board of Selectmen.
7. 
No repairs or improvements shall be done on any private ways where the owners of private ways or their predecessors in interest have agreed by covenant, Planning Board decision, or any municipal board decision or other form of agreement that the Town shall not provide street repair or improvement services.
8. 
The Director of Public Works, with the approval of the Board of Selectmen, shall determine if a cash deposit shall be required for such repairs and, if a cash deposit is required, the amount of such deposit.

§ 47 Stretch Energy Code.

[Added 4-28-2010 ATM, Art. 24]
1. 
Definitions.
INTERNATIONAL ENERGY CONSERVATION CODE (IECC) 2009
The International Energy Conservation Code (IECC) is a building code created by the International Code Council. It is a model code adopted by many state and municipal governments in the United States for the establishment of minimum design and construction requirements for energy efficiency. Commencing July 1, 2010, the baseline energy conservation requirements of the MA State Building Code will default to IECC 2009 and MA amendments.
STRETCH ENERGY CODE
Codified by the Board of Building Regulations and Standards as 780 CMR Appendix 120 AA, the Stretch Energy Code is the International Energy Conservation Code (IECC) 2009 with amendments contained herein.
2. 
Purpose. The purpose of 780 CMR 120 AA is to provide a more energy-efficient alternative to the base energy code applicable to the relevant sections of the building code for both new construction and existing buildings.
3. 
Applicability. This code applies to residential and commercial buildings. Buildings not included in this scope shall comply with 780 CMR 13, 34, 61 or 93, as applicable.
4. 
Authority.
a. 
A municipality seeking to ensure that construction within its boundaries is designed and built above the energy efficiency requirements of 780 CMR may mandate adherence to this appendix.
b. 
780 CMR 120 AA may be adopted or rescinded by any municipality in the Commonwealth in the manner prescribed by law.
5. 
Stretch Code.
a. 
The Stretch Code, as codified by the Board of Building Regulations and Standards as 780 CMR Appendix 120 AA, including amendments or modifications, is herein incorporated by reference into the Town of Andover General Bylaws, Article XII, Section 47.
b. 
The Stretch Code is enforceable by the Building Inspector.