GENERAL REFERENCES
Wells violation — See Art. XII, § 8.
Alcoholic beverage violation — See Art. XII,
§ 20.5.
Fire and burglar alarm violation — See Art.
XII, § 24.5.
Demolition of historically significant buildings and structures
violation — See Art. XII, § 33.
Zoning — See Art. VIII.
The purpose of these by-laws is to establish rules conducive
to the welfare of the Town of Andover (Town) and the convenience of
its inhabitants; to the orderly direction and management of its affairs;
and to preserving peace and good order within its limits.[1]
[1]
Editor's Note: Pursuant to Art. 46, adopted 4-30-2019 ATM,
the General Bylaws were amended to delete the words "Board of Selectmen"
wherever they appear and insert the words "Select Board" in place
thereof.
(a)
Construction. These by-laws shall be construed so as to give them
effect consistent with the ordinary and reasonable meaning of their
provisions and with the provisions of any general law or special statute
then in effect adopted by the Commonwealth of Massachusetts. No provision
of these by-laws shall be construed to limit the powers and duties
of officials, boards and committees imposed upon them by applicable
provisions of the General Laws of Massachusetts or of any special
statute of Massachusetts, including the Town Charter enacted as Chapter
571 of the Acts of 1956.
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Whenever reference is herein made to these by-laws, it shall
include these by-laws as they may from time to time be amended.
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(b)
Validity. The invalidity of any article, section or provision of
these by-laws shall not invalidate any other article, section or provision.
(a)
Effective date. These by-laws shall take effect on their approval
and publication as required by law, and all other by-laws heretofore
adopted, except those named below, which are made a part hereof without
reenactment, are hereby repealed on such effective date:
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The Zoning By-Law adopted at the June 15, 1964, Special Town
Meeting (being Article VIII of the prior By-Laws and Article VIII
of these By-Laws).
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The Fire Prevention Code By-Law adopted at the March 1971 Annual
Town Meeting (being Article X of these By-Laws).
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The repeal of a by-law heretofore adopted shall not affect any
act done or any right accrued or established, nor any action, suit
or proceeding commenced or had in a civil case, nor affect any punishment,
penalty or forfeiture incurred under such by-law.
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(b)
Amendment. These by-laws may be amended or repealed, in whole or
in part, at any Annual or Special Town Meeting, provided that the
proposed action has been made a part of the Town warrant for the meeting.
Such amendment or repeal shall become effective on the date provided
by law, unless a later date is expressly provided for in the vote
of amendment or repeal.
[Amended 5-1-2018 ATM,
Art. 52]
Unless otherwise expressly provided by these by-laws or by the
General Laws or by special statute of the Commonwealth of Massachusetts,
the Town Manager shall have general responsibility for the enforcement
of these by-laws, and he may, with the approval of the Select Board,
take such action in regard thereto, including the use of all remedies
and penalties permitted by law or these by-laws, as he believes in
the best interests of the Town.
Except as otherwise provided herein or by rules or regulations
of the Town, for any violation of the bylaws, rules, or regulations
of the Town, a fine of $300 shall be assessed for each offense.
As an alternative to enforcement through criminal proceedings,
to recover a fine as provided above, the following noncriminal disposition
may be made of any violation of any ordinance, by-law, rule or regulation
of any municipal officer, board or department, the violation of which
is subject to the specific penalty stated above or any other specific
penalty provided by law.
Any person noting a violation of any such ordinance, by-law,
rule or regulation which he is empowered to enforce may serve the
offender with a written notice to appear before the Clerk of Lawrence
District Court not later than 21 days after the date of the notice.
Any person notified to appear before the Clerk of the Lawrence District
Court may appear and confess the offense charged, either personally
or through an agent or by mailing with the notice such specific sum
of money in the amount of $300 for each offense or such other amount
as the Town may fix herein or by rule or regulation as a penalty for
violation of such by-law, rule or regulations. The payment to the
Clerk of such sum shall operate as a final disposition of the case.
If any person so notified to appear desires to contest the alleged
violation, he may, within 21 days after the date of the notice, request
a hearing in writing.
[Added 4-13-1993 ATM, Art. 59]
The Town Clerk is authorized, at his or her discretion, to assign
an article and section number to by-laws adopted by the Town.
