Powers of the Town

V.S.A. tit. 24 Appendix, ch. 147, subch. 1

in effect

24 App. V.S.A. ch. 147, § 1.1 Corporate existence retained

1.1. Corporate existence retained The inhabitants of the Town of Shelburne, within the corporate limits as now established, shall continue to be a municipal corporation by the name of the Town of Shelburne.

24 App. V.S.A. ch. 147, § 1.2 General law; application

1.2. General law; application Except when changed, enlarged, or modified by the provisions of this charter, or by any legal regulation or ordinance of the Town of Shelburne, all provisions of the statutes of this State relating to municipalities shall apply to the Town of Shelburne. Amended 2011, No. M-7, § 2, eff. May 17, 2011.

24 App. V.S.A. ch. 147, § 1.3 Powers of the Town

1.3. Powers of the Town (a) The Town shall have all the powers granted to towns and municipal corporations by the Constitution and laws of this State together with all the 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 civil or criminal penalties for violation thereof, together with the costs of civil or criminal prosecution, or imprisonment for not more than 60 days, or both. (b) The Town may acquire property within or without its corporate limits for any Town 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 of Vermont, and may sell, lease, mortgage, hold, manage, and control such property as its interest may require. (c) In this charter, mention of a particular power shall not be construed to be exclusive or to restrict the scope of the powers that the Town would have if the particular power were not mentioned. Amended 2011, No. M-7, § 2, eff. May 17, 2011.

24 App. V.S.A. ch. 147, § 1.4 Additional powers

1.4. Additional powers The general grant of authority in section 1.3 of this charter shall include the following: (1) To adopt and enforce ordinances relating to making and installation of local improvements, including curbs, sidewalks, sewers, drainage systems, water systems, and streets; requiring the installation of any or all of such improvements in a manner specified by the Town as a condition precedent to the issuance of a building permit; apportioning part or all of the expenses of such improvements against property owners benefitted thereby; providing for the collection of such assessments and penalties for nonpayment. (2) To adopt and enforce police ordinances regulating or prohibiting the use of firearms, air rifles, and devices having a capacity to inflict personal injury, and the parking, operation, and speed of motor vehicles upon Town and State aid streets and highways, and to regulate or prohibit any activities constituting a hazard to the safety or health of the public. (3) To adopt and enforce ordinances relating to the prevention of pollution of streams, ponds, and other waterways within the Town. (4) To adopt and enforce ordinances relating to the cleaning and repair of any premises when in such condition as to impair the general appearance of the Town, to be injurious to other property in the vicinity or to be a health hazard, and to control the removal of rubbish, waste, and objectionable material therefrom. (5) To adopt and enforce ordinances relating to regulation, licensing, or prohibition of the storage and accumulation of garbage, ashes, rubbish, refuse, and waste materials; regulation of the removal and disposal of such materials, licensing for revenue and regulation or prohibition of the collection, removal, and disposal of such materials by persons; collection, removal of such materials by the Town either by contract or by a Town officer or department now existing or created for that purpose; establishment of service rates to be paid the Town for such service. (6) To adopt and enforce ordinances prohibiting and punishing willful injuries to trees planted for shade, ornament, convenience, or use, public and private, and to prevent and punish trespassing or willful injuries to or upon public or private buildings, property, or lands. (7) To adopt and enforce ordinances relating to codes for building construction, including also wiring and plumbing. (8) To adopt and enforce ordinances relating to fire prevention and control. (9) To adopt and enforce ordinances relating to the use, protection, care, and management of all public recreation facilities and systems of the Town. (10) To adopt and enforce ordinances for the purpose of regulating and licensing the placing of mooring buoys, bathing beach markers, swimming floats, speed zone markers, or any other floating object having no navigational significance in the waters of Shelburne Pond and Shelburne Bay and other waters of Lake Champlain bordering the Town of Shelburne and extending 1,000 feet into the lake from the high water mark. Amended 2011, No. M-7, § 2, eff. May 17, 2011.

24 App. V.S.A. ch. 147, § 1.5 Reservation of powers to the Town

1.5. Reservation of powers to the Town Nothing in this charter shall be so construed as in any way to limit the powers and functions conferred upon the Town of Shelburne and the Selectboard of said Town by general or special enactments in force or effect or hereafter enacted, and the powers and functions conferred by this charter shall be cumulative and in addition to the provisions of such general or special enactments. Amended 2011, No. M-7, § 2, eff. May 17, 2011.

24 App. V.S.A. ch. 147, § 1.6 Ordinances

1.6. Ordinances (a) The Selectboard may provide penalties for the breach of any ordinance authorized by general law or this charter; may prosecute civilly or criminally any person violating the same through the Town, police officers, or any other public officer authorized by law so to do, who for such purposes shall be informing officers; and may maintain actions to restrain actual or threatened violations of the same. The establishment of any fine or penalty shall be by ordinance. (b) Introduction; first and second readings; public hearing. (1) Every ordinance shall be introduced in writing. The enacting clause of all ordinances shall be “The Selectboard of the Town of Shelburne hereby ordains . . . .” If the Selectboard passes the proposed ordinance upon the first reading, they shall cause a short and concise one-paragraph description of the general topical nature of the proposed ordinance to be published in a newspaper of general circulation in the Town, at least once, together with a notice of the time and place where and when there shall be a public hearing to consider the same for final passage. Such publication shall include reference to a place within the Town where copies of the entire text of the proposed ordinance may be examined. The first of such publications shall be at least one week but not more than two weeks prior to the date of said public hearing. (2) At the time and place so advertised, or at any time and place to which such hearing may from time to time be adjourned, such ordinance shall be read in full, except that by vote of majority of the Selectboard, the ordinance may be read by title, and after such reading, all persons interested shall be given an opportunity to be heard. (c) Further consideration; final passage. After such hearing, the Selectboard may finally pass such ordinance with or without amendment; except that if the Selectboard makes an amendment, it shall cause a short, concise one-paragraph description of the general topical nature of the amended ordinance to be published at least once together with a notice of the time and place of a public hearing at which such amended ordinance will be further considered, which publication shall be at least three days but not more than 10 days prior to the public hearing. Such publication shall include a reference to a place within the Town where copies of the entire text of the amended ordinance may be examined. At the time so advertised or at any time and place to which such meeting may be adjourned, the amended ordinance shall be read in full, except that by vote of a majority of the Board the amended ordinance may be read by title. After such hearing, the Selectboard may finally pass such amended ordinance or again amend it subject to the same procedure as outlined herein. (d) Effective date. Every ordinance shall become effective upon passage unless otherwise specified or, if the ordinance be conditioned upon approval of the voters of the Town, then upon a favorable vote of a majority of those voting thereon. (e) Filing. The Town Clerk shall prepare and keep in the Town Clerk’s office a book of ordinances that shall contain each ordinance finally passed by the Selectboard together with a complete index of ordinances according to subject matter. (f) All ordinances shall be subject to overrule by a special Town meeting as follows: if, within 30 days after final passage by the Selectboard of any such ordinance, a petition signed by electors of the Town not less in number than 10 percent of the number of votes cast in the last municipal election is filed with the Town Clerk requesting its reference to a special Town meeting, the Selectboard shall fix the time and place of such meeting, which shall be within 60 days after filing of the petition, and notice thereof shall be given in the manner provided by law in the calling of a special Town meeting. An ordinance so referred shall remain in effect upon the conclusion of such meeting unless electors not less in number than 10 percent of the number of votes cast in the last municipal election and constituting a majority of those voting thereon, shall have voted against the ordinance. (g) Petition for enactment of ordinance; special meeting. (1) Subject to the provisions of subsection (f) of this section, electors of the Town may at any time petition in the same manner as in subsection (f) of this section for the enactment of any proposed lawful ordinance by filing such petition, including the text of such ordinance, with the Town Clerk. The Selectboard shall call a special Town meeting to be held within 50 days of the date of such filing, unless prior to such meeting such ordinance shall be enacted by the Selectboard. The warning for such meeting shall include a short, concise one-paragraph description of the general topical nature of the proposed ordinance and shall provide for an aye and nay vote as to its enactment. The warning shall also include reference to a place within the Town where copies of the entire text of the proposed ordinance may be examined. Such ordinance shall take effect on the 10th day after the conclusion of such meeting provided that electors as qualified in subsection (f) of this section, constituting a majority of those voting thereon, shall have voted in the affirmative. (2) The provisions of this section shall not apply to any appointments of officers, members of commissions, or boards made by the Selectboard or to the appointment or designation of Selectboard members, or to rules governing the procedure of the Selectboard. (h) Any ordinance adopted since the previous Town report and remaining in effect shall be published in full in the annual Town report, or, in the alternative, there shall be a brief summary of each such ordinance, setting forth the principal provisions thereof. Amended 2011, No. M-7, § 2, eff. May 17, 2011.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/24APPENDIX/147Fetched: 10/21/2026