184 sections in this chapter.
Mass. Gen. Laws ch. 40, § 1 Nature and scope
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Section 1. Cities and towns shall be bodies corporate, and, except as otherwise expressly provided, shall have the powers, exercise the privileges and be subject to the duties and liabilities provided in the several acts establishing them and in the acts relating thereto. Except …
Mass. Gen. Laws ch. 40, § 10 Public markets; establishment; conditions; regulation
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Section 10. A city, or a town having a population of not less than ten thousand, may provide and maintain one or more public markets, with suitable buildings and grounds, and for this purpose may acquire land by gift or purchase or lease the same, with or without buildings, and m…
Mass. Gen. Laws ch. 40, § 11 Prevention of forest fires
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Section 11. A town may appropriate money for the prevention of forest fires to an amount not exceeding one tenth of one per cent of its equalized valuation as defined in section one of chapter forty-four. Every such town with a valuation of one million seven hundred and fifty tho…
Mass. Gen. Laws ch. 40, § 11A Beach districts; formation
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Section 11A. For the purposes of clause (25A) of section five, any city may form a beach district, and the provisions of sections twelve B to twelve G, inclusive, shall, so far as pertinent, be applicable.
Mass. Gen. Laws ch. 40, § 12 Public baths and wash houses
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Section 12. A town which accepts this section, or has accepted corresponding provisions of earlier laws, by a two thirds vote at an annual meeting, may purchase or lease land, and erect, alter, enlarge, repair and improve buildings for public baths and wash houses, either with or…
Mass. Gen. Laws ch. 40, § 12B Beaches for public and recreational uses; formation of district; membership of control commission; annual audit
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Section 12B. Two or more contiguous cities or towns may, in a city by vote of the city council thereof, and in a town by vote of the town at an annual meeting, form a district for the purpose of acquiring, whether by gift or otherwise, developing, maintaining and operating, withi…
Mass. Gen. Laws ch. 40, § 12C Construction of beach facilities; rules and regulations
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Section 12C. Said commission shall construct, equip and maintain at beaches under its control public bathhouses with dressing rooms, lockers and toilet facilities, as well as parking facilities, and other recreational facilities, may make reasonable rules and regulations for the …
Mass. Gen. Laws ch. 40, § 12D Authority to incur indebtedness; limitation
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Section 12D. A city or town which is a member of a beach district may incur indebtedness within the limit of indebtedness prescribed in section ten of chapter forty-four for the purpose of acquiring beaches and paying an assessment for the construction of a bathhouse and appurten…
Mass. Gen. Laws ch. 40, § 12E Treasurer of district; appointment; bond; powers and duties
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Section 12E. The treasurer of one of the municipalities comprising such district, designated by the commission, shall be treasurer of the district and shall give to the district a bond, with a surety company authorized to transact business in the commonwealth as surety, for the f…
Mass. Gen. Laws ch. 40, § 12F Employees
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Section 12F. Persons employed at such beaches shall be employees of the cities and towns in the district where they reside and not employees of the district, and shall retain all their retirement and civil service rights.
Mass. Gen. Laws ch. 40, § 12G Leasing of concessions; procedure
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Section 12G. Said commission may at any time in its discretion lease or let out upon such terms and conditions as it sees fit, concessions or grants to operate any bathhouse, parking area or any recreational facility to any persons or corporations, such concessions or grants, how…
Mass. Gen. Laws ch. 40, § 13 Municipal buildings insurance fund; management; use
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Section 13. A town which at a meeting, or a city which by its city council accepts this section, or has in like manner accepted corresponding provisions of earlier laws, may appropriate an amount not exceeding in any one year one twentieth of one per cent of its equalized valuati…
Mass. Gen. Laws ch. 40, § 13A Workers' compensation insurance funds; management
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Section 13A. Any city or town which has accepted chapter eight hundred and seven of the acts of nineteen hundred and thirteen and which accepts this section, by vote of the city council or of the voters in town meeting, may appropriate an amount not exceeding in any one year one …
Mass. Gen. Laws ch. 40, § 13B Residence quarters for school physicians
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Section 13B. A town of not exceeding three thousand inhabitants which accepts this section by vote in town meeting may appropriate for free residence quarters for a school physician a sum not exceeding five hundred dollars.
Mass. Gen. Laws ch. 40, § 13C Workers' compensation claims reserve funds
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Section 13C. Any city or town which accepts the provisions of this section and has elected to self insure its worker's compensation may establish reserves to pay worker's compensation claims until said claims are fully paid. Said claims reserves shall be segregated by fiscal year…
Mass. Gen. Laws ch. 40, § 13D Reserve fund for future payment of accrued liabilities for compensated absences due employee or officer of town upon termination of employment
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Section 13D. Any city, town or district which accepts the provisions of this section by majority vote of its city council, the voters present at a town meeting or district meeting or by majority vote of a regional school committee may establish, appropriate or transfer money to a…
Mass. Gen. Laws ch. 40, § 13E School district reserve funds to pay for unanticipated or unbudgeted costs for special education, out-of-district tuition or transportation
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Section 13E. Any school district which accepts this section, by a majority vote of the school committee and a majority vote of the legislative body or, in the case of a regional school district by a majority vote of the legislative bodies in a majority of the member communities o…
Mass. Gen. Laws ch. 40, § 14 Purchase of land; conditions; limitations; definition
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Section 14. The aldermen of any city, except Boston, or the selectmen of a town may purchase, or take by eminent domain under chapter seventy-nine, any land, easement or right therein within the city or town not already appropriated to public use, for any municipal purpose for wh…
Mass. Gen. Laws ch. 40, § 15 Abandonment of rights in realty; conditions
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Section 15. If any officer of a city or town having charge of any land, easement or right taken for such city or town, otherwise than by purchase, notifies the city council or the selectmen that, in his opinion, such land, easement or right, or part thereof, is no longer required…
Mass. Gen. Laws ch. 40, § 15A Transfer of land; procedure
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Section 15A. Whenever a board or officer having charge of land, including land acquired for playground purposes pursuant to the provisions of section fourteen of chapter forty-five, but excluding land acquired for park purposes, constituting the whole or any part of an estate hel…
Mass. Gen. Laws ch. 40, § 15B Water supply works; sale or exchange of property
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Section 15B. A town, city, or district authorized to furnish water for domestic purposes, may, with the advice and approval of the state department of environmental protection, sell at public or private sale, or may exchange any real property, or any easements, whether taken by e…
Mass. Gen. Laws ch. 40, § 15C Scenic road designations; improvements; fines
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Section 15C. Upon recommendation or request of the planning board, conservation commission or historical commission of any city or town, such city or town may designate any road in said city or town, other than a numbered route or state highway as a scenic road; provided, however…
Mass. Gen. Laws ch. 40, § 16 Street sprinkling
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Section 16. A town may sprinkle or spread upon its public ways, or parts thereof, any liquid or material suitable for laying or preventing dust and preserving the surface of such ways or for sanitary purposes, may appropriate money therefor, and determine that with respect to the…
Mass. Gen. Laws ch. 40, § 17 Assessment
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Section 17. If a city determines that the public ways or any portion thereof shall be sprinkled in whole or in part at the expense of the abutters, such expense for a municipal year, and the proportion thereof to be borne by abutters, and the rate to be assessed upon each linear …
Mass. Gen. Laws ch. 40, § 18 Collection of assessment
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Section 18. The assessors shall include such assessment in the tax list and warrant committed by them to the collector of taxes for that municipal year, and it shall be included in the next annual tax bill, or if the estate so assessed is otherwise exempt from taxation, it shall …
Mass. Gen. Laws ch. 40, § 19 Appropriation of money for providing common necessaries during war or other public exigency; purposes; use of funds
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Section 19. For the purpose of maintaining, distributing and providing at reasonable rates during time of war, public exigency, emergency or distress a sufficient supply of food, other common necessaries of life and temporary shelter for their inhabitants, towns may raise and app…
Mass. Gen. Laws ch. 40, § 1A District defined
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Section 1A. Except as otherwise expressly provided, the word ''district'' as used in this chapter shall mean a fire, water, sewer, water pollution abatement, refuse disposal, light, or improvement district, or any other district, howsoever named, formed for the purpose of carryin…
Mass. Gen. Laws ch. 40, § 1B Districts; power to sue and be sued; insurance; defense of civil actions
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Section 1B. A district may sue and be sued by its name to the same extent and upon the same conditions as a city or town. Districts shall have the power and authority to assess member cities and towns for the purpose of paying a proper charge to effect insurance for payment of da…
Mass. Gen. Laws ch. 40, § 2 Towns; power to sue and be sued
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Section 2. A town may in its corporate capacity sue and be sued by its name, and may appoint necessary agents therefor.
Mass. Gen. Laws ch. 40, § 20 Selling price of necessities; accounting
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Section 20. Articles furnished or services rendered under the preceding section shall be charged for, so far as practicable, at rates calculated to cover all costs and charges connected with the particular undertaking or service, and shall be paid for in cash at the time of deliv…
Mass. Gen. Laws ch. 40, § 21 By-laws of towns; purpose
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Section 21. Towns may, for the purposes hereinafter named, make such ordinances and by-laws, not repugnant to law, as they may judge most conducive to their welfare, which shall be binding upon all inhabitants thereof and all persons within their limits. They may, except as herei…
Mass. Gen. Laws ch. 40, § 21A Powers of cities and towns; regulation of working conditions of employees
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Section 21A. A town by by-law and a city by ordinance, unless repugnant to the charter of such city, may establish the hours, days and weeks of work and the hours, days and weeks of leave without loss of pay, including, without limiting the generality of the foregoing, holiday le…
Mass. Gen. Laws ch. 40, § 21B Personnel relations review board; establishment; purpose; ''grievance'', defined
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Section 21B. Any town by by-law adopted at an annual town meeting, any city having a Plan D or Plan E charter by ordinance adopted in accordance with the provisions of its charter, and any other city by ordinance approved by its mayor may establish a personnel relations review bo…
Mass. Gen. Laws ch. 40, § 21C Union conventions; leave of absence
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Section 21C. An employee of a city or town which accepts this section may be granted a leave of absence with pay while attending a convention of an employee union as an officer, delegate or alternate delegate.
Mass. Gen. Laws ch. 40, § 21C1~2 /2 Employees who are veterans; participation in Veterans or Memorial Day exercises; time off granted; exceptions
Mass. Gen. Laws ch. 40, § 21D Noncriminal disposition of ordinance, by-law, rule or regulation violations
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Section 21D. Any city or town may by ordinance or by-law not inconsistent with this section provide for non-criminal disposition of violations of any ordinance or by-law or any rule or regulation of any municipal officer, board or department the violation of which is subject to a…
Mass. Gen. Laws ch. 40, § 21E Municipal charges and bills; due dates; interest
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Section 21E. Any city or town may, by ordinance or by-law, and any district by vote of the district meeting, establish due dates for the payment of municipal charges and bills, and may fix a rate at which interest shall accrue if such charges remain unpaid after such due dates; p…
Mass. Gen. Laws ch. 40, § 22 Regulation of vehicles; penalties for violation; veterans with disabilities and persons with disabilities excepted from parking violations; taxicab licenses
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Section 22. Except as otherwise provided in section eighteen of chapter ninety and subject, so far as applicable, to section two of chapter eighty-five and sections eight and nine of chapter eighty-nine, a city or town may make ordinances or bylaws, or the board of aldermen or th…
Mass. Gen. Laws ch. 40, § 22A Parking meters; fees; exemption from fees for veterans with disabilities and persons with disabilities; bicycle locking devices; motorcycle parking; restricted parking areas for veterans and persons with a disability
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Section 22A. Any city or town, for the purpose of enforcing its ordinances, by-laws and orders, rules and regulations relating to the parking of vehicles on ways within its control and subject to the provisions of section two of chapter eighty-five, may appropriate money for the …
Mass. Gen. Laws ch. 40, § 22A1~2 /2 Parking benefit districts
Mass. Gen. Laws ch. 40, § 22A3~4 /4 Designation of parking space for veteran parking at city or town hall
Mass. Gen. Laws ch. 40, § 22B Acquisition and maintenance of off-street parking areas and facilities; conditions; exceptions
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Section 22B. In a city or town that accepts this section and installs parking meters or coin-operated locking devices for bicycle parking, the city or town may acquire off-street parking areas and facilities by purchase, gift, eminent domain under chapter seventy-nine or chapter …
Mass. Gen. Laws ch. 40, § 22C Off-street parking lots; installation of parking meters and other devices; use of receipts
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Section 22C. Any city or town, having installed parking meters or coin-operated locking devices for bicycle parking under section 22A, may install parking meters in municipally owned or leased off-street parking lots and other devices for controlling the off-street parking lots. …
Mass. Gen. Laws ch. 40, § 22D Vehicles parked in violation of law; removal
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Section 22D. In a city or town which accepts this section, as hereinafter provided, the city council or board of selectmen, or if, in any city or town, some other board or commission is empowered to establish traffic regulations, such other board or commission, may adopt, amend, …
Mass. Gen. Laws ch. 40, § 22E Lease of air space above structures and facilities
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Section 22E. Whenever the board or officer having charge of a structure or facility owned by a city or town, and not within the limits of playgrounds or lands held for park, conservation or similar purposes whether acquired under general or special law and irrespective of the dat…
Mass. Gen. Laws ch. 40, § 22F License fees; service charges; acceptance of section
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Section 22F. Any municipal board or officer empowered to issue a license, permit, certificate, or to render a service or perform work for a person or class of persons, may, from time to time, fix reasonable fees for all such licenses, permits, or certificates issued pursuant to s…
Mass. Gen. Laws ch. 40, § 22G Funds received from fines for handicap parking violations; deposits in account; expenditures
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Section 22G. Any city or town which has accepted the provisions of section eight J is hereby authorized to allocate all funds received from fines assessed for violations of handicap parking in said city or town to the commission on disabilities. Funds so received shall be deposit…
Mass. Gen. Laws ch. 40, § 23 Powers of cities; regulation of erection and maintenance of balustrades; penalty for violation
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Section 23. A city council may make rules and regulations for the erection and maintenance of balustrades or other projections upon the roofs or sides of buildings therein, with penalties for the violation thereof of not more than twenty dollars for each offence; but no such rule…
Mass. Gen. Laws ch. 40, § 24 Powers of cities; regulation of the quality of ice; penalty for violation
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Section 24. A city may make ordinances to secure the inspection of ice sold therein and to prevent the sale of impure ice, and affix penalties of not more than twenty dollars for each violation thereof.
Mass. Gen. Laws ch. 40, § 3 Towns; power to hold, lease and convey property
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Section 3. A town may hold real estate for the public use of the inhabitants and may convey the same by a deed of its selectmen thereto duly authorized, or by a deed of a committee or agent thereto duly authorized; may by its selectmen let or lease for not more than 30 years, on …