Powers of the Town of Milton

V.S.A. tit. 24 Appendix, ch. 129, subch. 1

in effect

24 App. V.S.A. ch. 129, § 101 Corporate existence retained

101. Corporate existence retained The inhabitants of the Town of Milton, within the limits as now established, shall be a municipal corporate by the name of the Town of Milton, including the area within the former incorporated Village of Milton, the geographical boundaries of which are referenced in 1900 Acts and Resolves No. 183, Sec. 1. Amended 2003, No. M-4, § 2; 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.

24 App. V.S.A. ch. 129, § 102 General law application

102. General law application Except when changed, enlarged, or modified by the provisions of this charter, or by the legal regulation or ordinances of the Town of Milton, all provisions of the statutes of the State of Vermont relating to municipalities shall apply to the Town of Milton.

24 App. V.S.A. ch. 129, § 103 Powers of the Town and School District

103. Powers of the Town and School District (a) General. The Town of Milton shall have all the powers granted towns, town school districts, and municipal corporations by the Constitution and Laws of this State and this charter, together with all implied powers necessary to carry into execution all the powers granted; it may enact ordinances not inconsistent with the Constitution and Laws of the State of Vermont or with this charter and impose penalties for violation thereof. (b) Acquisition of property. The Town may acquire property within or without its corporate limits for any Town or School District purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, or condemnation, consistent with the Constitution and Laws of the State. (c) Municipal forest lands. A Municipal Forest shall be established, and it shall not be sold, leased, or otherwise disposed of unless so voted by Australian ballot at a legally warned Town meeting. This forest land shall be maintained by using proper forest and wildlife practices. (d) Exclusions and restrictions. In the charter, no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers that the Town or Town School District would have unless this charter otherwise provides. (e) Reservation of powers to the Town or School District. Nothing in this charter shall be construed to in any way limit the powers and functions conferred on the Town of Milton or School District and the Selectboard or School Board of Trustees of the Town and School District, its elected and appointed officials by general or special enactments of State Statutes, or regulations in force or effect on or after the effective date of this charter; and the powers and functions conferred by this charter shall be cumulative and in addition to the provisions of such general or special enactments unless this charter otherwise provides. (f) Municipal electric power plant. The Town is authorized to purchase, control, construct, maintain, and operate an electric light and power plant, and may generate and purchase electric current for light, heat, and power and for any other purpose for which the current may be used by the Town inhabitants. The Town may furnish electric power to parties residing within or without the corporate limits of the Town, upon such terms and subject to such regulations as may be agreed upon from time to time, or as necessary to comply with federal and State laws and regulations. The Town may hold within its geographical limits by gift, grant, purchase, or by the right of eminent domain, lands and rights-of-way as may be needed for the construction, maintenance, and operation of an electric power plant. The Town may use any public street or way that it may be necessary or desirable to pass through with poles and wires, provided that public travel on such streets and ways is not unnecessarily impaired. (g) Milton Fire Department. The Town of Milton may establish a system of fire protection and may create and equip a Fire Department. The Town may contract with a volunteer or nonmunicipal corporation to supply fire protection services, the cost of which shall be included in the Town annual budget. The Selectboard shall appoint a Fire Chief of the Department who shall have the powers and duties of a chief engineer as provided in 20 V.S.A. §§ 2671–2675, 20 V.S.A. chapter 175, and 24 V.S.A. § 1953. (h) Milton Rescue Department. The Town of Milton may establish a system of emergency medical care and may create and equip a Rescue Department. The Town may contract with a volunteer or nonmunicipal corporation to supply emergency medical services, the cost of which shall be included in the Town annual budget. The Selectboard shall appoint a Chief of the Emergency Rescue Department. The Emergency Rescue Department shall be provided and administered in accordance with the requirements of 24 V.S.A. chapter 71. (i) Milton Police Department. The Town of Milton may establish a system of police protection and may create and equip a Police Department. The Town may contract with a nonmunicipal corporation to supply police protection services, the cost of which shall be included in the Town annual budget. The Selectboard shall appoint a Police Chief of the Department. The Police Department shall be provided and administered in accordance with the requirements of 24 V.S.A. § 1931. Amended 2003, No. M-4, § 3; 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.

24 App. V.S.A. ch. 129, § 104 Ordinances

104. Ordinances (a) General. To adopt ordinances and regulations for the protection of persons and property both public and private and for the betterment of the community. (b) Adoption by Selectboard. (1) If the Selectboard desires to adopt a new ordinance or amend or repeal an existing ordinance, they shall cause it to be entered in the official record kept of their proceedings. The new or amended section of the ordinance shall then be published in the official newspaper established by the Selectboard together with a notice of the time and place of a public hearing to consider the ordinance change for final passage, as well as electronically. Such publication to be on a day at least one week and not more than two weeks prior to the date of hearing. (2) At the public hearing, the new or amended section shall be read in full, unless the Selectboard elects to read the ordinance by title only. After such reading, all persons interested shall be given an opportunity to be heard. (3) After the public hearing, the Selectboard may adopt the ordinance with or without amendment. If they amend the ordinance prior to passage, they shall cause the amended ordinance to be entered in the official record of their proceedings and shall also cause the entire section of the ordinance, as amended and passed, to be published in the official newspaper established by the Selectboard, posted in four or more public places in the Town and electronically on a day not more than 14 days after adoption. (4) Every ordinance shall become effective 60 days after adoption unless the Selectboard specify a longer period. If within 60 days after adoption a referendum petition is filed as in subsection (f) of this section, the ordinance shall not become effective until after the question of repeal is voted. (c) Initiative. Any lawful ordinance may be enacted by vote of the Town as follows: a petition signed by not less than five percent of the registered voters shall be filed with the Town Clerk requesting enactment of the ordinance and accompanied by the text. The warning for the next annual Town meeting shall include the text of the proposed ordinance and shall provide for a “yes” or “no” vote by Australian Ballot. (d) Filed with Town Clerk. (1) The Selectboard shall record publications, postings, considerations, and adoption of ordinances with the Town Clerk. (2) A certificate by the Clerk of the municipality, showing the publication, postings, consideration, and adoption of ordinances or amended ordinances shall be presumptive evidence of the facts as they relate to the lawful adoption of said ordinances or amended ordinances thereof so stated in any actions or proceedings in court or any other tribunal. (3) The Town Clerk shall prepare and keep in the Town Clerk’s office a book of ordinances. Failure to comply with this provision shall not invalidate any Town ordinance lawfully enacted. (e) Penalties; limitations. (1) A violation of a Town ordinance shall be classified as a misdemeanor or a rule violation in the same manner as it would be classified by the general State statutes on and after the effective date of this act enacted and prosecuted accordingly. The Town may maintain an action to enjoin the violation of any ordinance or rule, but the election of the Town to proceed under this subsection shall not prevent prosecution for the violation of the ordinance. (2) A fine in an amount not greater than $800.00. (3) Each week a violation continues shall constitute a separate offense. (f) Referendum. (1) A Town ordinance may be repealed by vote of the Town as follows: a petition requesting a vote on the question of repealing the ordinance shall be signed by not less than five percent of the registered voters and shall be filed with the Town Clerk within 44 days following the date of adoption of the ordinance by the Selectboard. The Selectboard shall call a special Town meeting to be held within 60 days of the date of filing the petition to vote by Australian ballot on whether or not the ordinance shall be repealed. The warning shall include the text of the proposed ordinance and shall provide for a “yes” or “no” vote by Australian Ballot. (2) If a Town ordinance has been considered by referendum vote in accordance with the provisions set forth in this section, a petition to reconsider said referendum vote shall not be permitted except as provided for in subsection 104(c) of this charter. Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.

24 App. V.S.A. ch. 129, § 105 Nonapplicability to zoning and subdivision

105. Nonapplicability to zoning and subdivision The provisions of section 104 of this charter shall not apply to the enactment, amendment, repeal, or enforcement of any zoning ordinance, zoning bylaw, subdivision ordinance, or municipal and regional plans.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24APPENDIX/129Fetched: 10/21/2026