[HISTORY: Adopted by the Town Meeting of the Town of Cohasset
as indicated in article histories. Amendments noted where applicable.]
[Adopted as Art. I, §§ 1 and 2, of the 1988
General Bylaws]
[Amended 4-30-2018 ATM
by Art. 18]
These chapters shall constitute the bylaws of the Town of Cohasset,
which shall be in lieu of all bylaws heretofore in force, except for
the zoning bylaws, and shall become effective upon approval of the
Town Meeting and the Attorney General of the Commonwealth of Massachusetts
after publication, pursuant to MGL c. 40, § 32.
The repeal of a bylaw shall not have the effect of reviving
any bylaw previously repealed.
Any or all of these bylaws may be repealed or amended and any
other bylaws may be adopted by a majority vote at any Town Meeting,
provided an article for that purpose has been inserted in the warrant
for such meeting. A change in a zoning bylaw requires a two-thirds
vote of the Meeting.
When a bylaw prohibits anything from being done without license
or permission from a certain officer, board, or committee, such officer,
board, or committee shall have the power to license or permit such
thing to be done, unless otherwise provided by law.
[Amended 4-30-2018 ATM
by Art. 18]
The invalidity of any chapter or section of these bylaws shall
not affect the validity of any chapter, section or bylaw otherwise
valid, and these bylaws shall remain in effect as amended from time
to time, except for those chapters or sections thereof which are determined
to be invalid.
[Added 4-6-1991]
Any section of these bylaws or rules and regulations of any
municipal department, board or commission, violation of which is subject
to a specific penalty, may, in the discretion of the Town official
who is the appropriate enforcing person, be enforced in the manner
provided in MGL c. 40, § 21D, Noncriminal disposition of
certain violations. "Enforcing person" as used in this bylaw shall
mean the Animal Control Officer, Chairman of the Conservation Commission,
Harbor Master, Assistant Harbor Master, Health Agent, Building Inspector,
Town Manager, any police officer or such other official as the Board
of Selectmen may from time to time designate, each with respect to
a violation of any section of these bylaws or rules and regulations
within their jurisdiction having a specific penalty. If more than
one official has jurisdiction in any given case, any such official
may be an enforcing person with respect thereto.
A.
The
words "public way" shall include any highway, Town way, road, bridge,
street, sidewalk, or square dedicated to public use.
B.
The
words "owner" or "occupant" of a building or land shall include any
sole owner or occupant and any joint tenants, tenants in common, or
tenants by the entirety, of the whole or any part of a building or
lot of land.
C.
The
word "person" shall include individuals, corporations, societies,
associations, and partnerships.
D.
Any
use in these bylaws of the phrase "by law" shall mean in accordance
with the laws of the United States of America and of the Commonwealth
of Massachusetts, as well as regulations promulgated by the authority
thereof, as from time to time amended.
E.
Whenever
used herein, a pronoun in the masculine gender shall include the feminine
gender. Whenever the context may be so construed, any noun, pronoun,
or verb in the singular shall include the plural. The words "herein"
and "hereunder" or any compound of the word "here" shall refer to
the entire bylaws, as from time to time amended.
F.
The
"Troika" shall consist of the Town Moderator, who shall be the Chairman
of the Troika, the Chairman of the Board of Selectmen, and the Chairman
of the Advisory Committee.
[Added 4-28-2014]
G.
"Town Manager Act" shall mean "An Act Providing for a Town Manager in the Town of Cohasset" as set forth by Chapter 34 of the Acts of 1997, as amended by Chapter 421 of the Acts of 1998, Chapter 330 of the Acts of 2000 and Chapter 3 of the Acts of 2014, and as the same may be amended from time to time.
[Added 4-28-2014]