5. Ordinances
(a) Town legislation. Town legislation shall be by ordinance. Ordinances and rules adopted pursuant to ordinances shall have the full force of law embodied in this charter.
(b) Legislative body.
(1) The Selectboard shall constitute the legislative body of the Town with the power, between Town meetings, to adopt, amend, repeal, or enforce ordinances.
(2) Town meetings, annual or special, as constituted in this section, in addition to their other functions, shall also serve as a legislative body and may adopt, amend, or repeal an ordinance.
(A) Ordinances to be so considered by Town meeting can only be placed on the warning in such manner as authorized by this charter.
(B) The entire text or an explanation of the nature and purpose of ordinances subject to Town meeting action must be posted on the Town’s website and published in a newspaper or newspapers of general circulation as may be directed or designated by the Selectboard, at least 30 days before the meeting.
(C) Any ordinance to be considered by Town meeting shall be reviewed by the Town Attorney or other counsel engaged by the Selectboard prior to the official warning. The Attorney shall be charged with the duty to correct the ordinance to avoid repetition, illegal, or unconstitutional provisions, and to ensure accuracy in the text and reference, along with clear and precise phraseology. The ordinance shall not be changed in its meaning and effect.
(D) The effect of Town meeting action on an ordinance shall take place upon passage unless otherwise provided in the body of the ordinance.
(E) [Repealed.]
(F) Ordinances passed by Town meeting may not alter or limit any provision of this charter.
(G) Any ordinance to be passed by either Town meeting or the Selectboard must be set forth in a uniform format as follows:
(i) Ordinances shall be numbered consecutively.
(ii) If the action is an amendment, it shall be referenced and incorporated into the amended ordinance.
(iii) Ordinances shall be short titled and contain a statement of purpose.
(iv) Outline format shall match that used in the existing codification.
(c) Ordinance adoption procedure, other than zoning and subdivision bylaws.
(1) The Selectboard shall designate the category into which action an ordinance shall fall.
(2) There shall be five categories of action as follows:
(A) new legislation adoption or rejection;
(B) repeal in total of existing legislation;
(C) major amendment—changing the nature and substance of the original ordinance;
(D) minor amendment—minor adjustment in meaning, procedure, or definition; and
(E) emergency ordinance as defined herein in subsection (f) of this section.
(d) Procedure for drafting, adoption, rejection, major amendment, or repeal of ordinances.
(1) Drafting. (A) The Selectboard may appoint an ordinance committee including not more than two Selectboard members.
(B) If the Selectboard appoints an ordinance committee, ordinances of all categories, with the exception of emergency ordinances, shall be drafted by or submitted in draft form to the ordinance committee.
(2) Reporting out.
(A) If the Selectboard appoints an ordinance committee, the ordinance committee shall review any ordinance submitted to them by the Selectboard and report out to the Selectboard for first review within 90 days following submission.
(B) Ordinances reported out for first review must be reviewed beforehand by the Town Attorney or other counsel engaged by the Selectboard and signed by the Town Attorney or other counsel.
(C) Copies of ordinances providing for criminal offenses should be transmitted to the State’s Attorney for review.
(3) Introduction and first review.
(A) The proposed ordinance amendment or repeal shall be introduced at a Selectboard meeting by the ordinance committee.
(B) During first review, the proposed ordinance amendment or repeal may be amended.
(C) The proposed ordinance, including any amendments, must be accepted or rejected at the completion of first review.
(D) Upon completion of first review, a date for second review and public hearing shall be fixed within not less than 14 nor more than 40 days from first review.
(4) Second review and public hearing.
(A) Notice of the date of second review must be published no later than seven days before the date of second review itself.
(B) The notice shall contain either the text of the ordinance or an explanation of the nature and purpose of the ordinance along with information as to where a citizen may obtain a copy of the full ordinance text.
(C) A public hearing shall be held at the time and place specified in the notice.
(5) Amendment during second review. Should the Selectboard decide after the public hearing to substantively amend the text of the proposed ordinance, the process and timetable shall revert back to second review with the new public hearing to be held in not less than 14 nor more than 40 days and all notice requirements to be met in subdivision (4) of this subsection.
(6) Final action.
(A) Upon completion of the second review, the Selectboard shall act to adopt or reject the ordinance.
(B) Failure to act within 40 days following the final review shall constitute a rejection.
(7) Repeal. The repeal of any existing ordinance shall follow the procedure prescribed herein for passage of an ordinance.
(e) Minor amendments. Any proposed change to an existing ordinance that is classified by Selectboard vote to constitute a minor amendment may be adopted by the Selectboard after the completion of the first review.
(f) Emergency ordinances.
(1) Following a declaration of public emergency pursuant to section 10 of this charter, the Selectboard may adopt one or more emergency ordinances.
(2) Emergency ordinances may not levy taxes; grant, renew, or extend a franchise; regulate the rate charged by any public utility for its services; or authorize the borrowing of money.
(3) An emergency ordinance shall be exempt from the adoption procedures required for ordinances generally. However, it must be submitted in writing at a public meeting of the Selectboard in a form consistent with other ordinances.
(4) An emergency ordinance must be clearly titled as such, and contain a clear declaration of the emergency, describing it in specific terms.
(5) An emergency ordinance may be adopted, amended, or repealed upon a two-thirds vote, with at least three affirmative votes.
(6) Emergency ordinances shall be effective upon adoption unless the ordinance specifies otherwise.
(7) Any emergency ordinance shall automatically stand repealed on the 61st day following its effective date.
(8) In order for actions taken under an emergency ordinance to be binding beyond the time period of the emergency as determined by the Selectboard, the ordinance must be ratified in a manner similar to other ordinances; this shall not prevent reenactment of the ordinance if the Selectboard determines that the emergency still exists.
(9) An emergency ordinance may also be repealed in the manner specified in this section for emergency ordinance.
(g) [Repealed.]
(h) Standard codes of technical regulations.
(1) The Selectboard may adopt any standard code of technical regulations by reference in an ordinance.
(2) The procedure and requirements governing the adoption of an ordinance concerning standard codes of technical regulations shall be the same as prescribed for ordinances generally except that the requirements for distribution and filing of copies of the ordinance shall include the ordinance itself, and shall only include a citation to the technical regulations.
(i) Authentication and recording, codification, and publication.
(1) Authentication and recording. The Town Clerk shall authenticate, by signature and recording, in full, all ordinances and resolutions adopted by the Selectboard.
(2) Publication of ordinances and resolutions.
(A) The Selectboard shall cause each ordinance and resolution to be published.
(B) Ordinances, resolutions, charters, and charter amendments shall be published electronically and made available in printed form for sale to the public at reasonable prices set by the Selectboard.
(C) All ordinances, codes, resolutions, and charter amendments should follow a uniform format or style.
(3) Codification.
(A) At least every 10 years, the Selectboard shall provide for the uniform codification of all ordinances, zoning bylaws, subdivision bylaws, and resolutions.
(B) When completed, the updated codification shall be published in a form convenient for general use and shall be incorporated into the Town code.
(j) Penalties.
(1) The Selectboard may provide for and authorize within an ordinance penalties for the breach of any ordinance that the general law or this charter authorized.
(2) The Town may take actions necessary to prosecute any person who violates ordinances passed under this charter. The prosecution may be through the courts.
(3) The Town may also bring an action for injunctive relief seeking a court order to require compliance with any ordinance in addition to the penalty set forth in the ordinance.
Amended 2021, No. M-13 (Adj. Sess.), § 2, eff. May 16, 2022; 2023, No. M-2, § 2, eff. May 4, 2023.
