Massachusetts Chapter 40 — Powers and Duties of Cities and Towns

186 sections hosted, reproduced from the official public-domain source.

Mass. Gen. Laws ch. 40, § 1— Nature and scope
Mass. Gen. Laws ch. 40, § 1A— District defined
Mass. Gen. Laws ch. 40, § 1B— Districts; power to sue and be sued; insurance; defense of civil actions
Mass. Gen. Laws ch. 40, § 2— Towns; power to sue and be sued
Mass. Gen. Laws ch. 40, § 3— Towns; power to hold, lease and convey property
Mass. Gen. Laws ch. 40, § 3A— Cities, towns and districts; binding effect thereon of recordable instruments of title affecting interests in real estate as to good faith purchasers notwithstanding inconsistency of law therewith
Mass. Gen. Laws ch. 40, § 4— Towns; power to contract; purposes
Mass. Gen. Laws ch. 40, § 4A— Governmental units; joint operation of public activities; termination of agreement; ''governmental unit'' defined; financial safeguards
Mass. Gen. Laws ch. 40, § 4B— Repealed, 1989, 687, Sec. 8
Mass. Gen. Laws ch. 40, § 4C— Repealed, 1965, 763, Sec. 1
Mass. Gen. Laws ch. 40, § 4D— Contracts with state or public authority for construction of public works
Mass. Gen. Laws ch. 40, § 4E— Education collaboratives
Mass. Gen. Laws ch. 40, § 4F— Purchase of clothing or apparel; restrictions
Mass. Gen. Laws ch. 40, § 4G— Repealed, 1989, 687, Sec. 10
Mass. Gen. Laws ch. 40, § 4H— Repealed, 1989, 687, Sec. 11
Mass. Gen. Laws ch. 40, § 4I— Growth and development policy committees; definitions
Mass. Gen. Laws ch. 40, § 4J— Public safety mutual aid agreement; procedure for joining agreement; requests to receive assistance; rights and responsibilities of requesting and sending parties
Mass. Gen. Laws ch. 40, § 4K— Public works municipal mutual aid agreement; procedure for joining agreement; advisory committee; requests to receive assistance; rights and responsibilities of requesting and sending parties
Mass. Gen. Laws ch. 40, § 5— Appropriation of money for exercise of corporate powers
Mass. Gen. Laws ch. 40, § 5A— Cities; reserve funds for extraordinary expenditures; establishment
Mass. Gen. Laws ch. 40, § 5B— Stabilization funds; establishment
Mass. Gen. Laws ch. 40, § 5C— Districts; reserve funds for extraordinary expenditures; establishment
Mass. Gen. Laws ch. 40, § 5D— Contributory retirement system funds; recovery of pension costs
Mass. Gen. Laws ch. 40, § 5E— Unemployment compensation fund; deposit and investment; payments
Mass. Gen. Laws ch. 40, § 5F— Ambulance services; recreational facilities; service charges; credit card payments
Mass. Gen. Laws ch. 40, § 5G— Municipal waterways improvement and maintenance funds
Mass. Gen. Laws ch. 40, § 5H— Centennial celebrations; funds
Mass. Gen. Laws ch. 40, § 6— Towns; reserve funds for extraordinary expenditures; establishment
Mass. Gen. Laws ch. 40, § 6A— Advertising
Mass. Gen. Laws ch. 40, § 6B— Uniforms and other outer clothing for members of police and fire departments and shellfish constabulary; clothing allowance
Mass. Gen. Laws ch. 40, § 6C— Removal of ice and snow from private ways; conditions
Mass. Gen. Laws ch. 40, § 6D— Removal of ice and snow from private ways; submission to electorate; ballot
Mass. Gen. Laws ch. 40, § 6J— Stormy weather work clothes; purchase
Mass. Gen. Laws ch. 40, § 6K— Uniforms of public health nurses; purchase
Mass. Gen. Laws ch. 40, § 6L— Stormy weather work clothes; lease or rental
Mass. Gen. Laws ch. 40, § 6M— Repealed, 1977, 693, Sec. 1
Mass. Gen. Laws ch. 40, § 6N— Private ways; temporary repairs, ordinances or by-laws
Mass. Gen. Laws ch. 40, § 6O— Group life insurance premiums; permanent employees
Mass. Gen. Laws ch. 40, § 7— Removal of ice and snow from sidewalks in towns
Mass. Gen. Laws ch. 40, § 7A— Prevention of automobile accidents
Mass. Gen. Laws ch. 40, § 8— Enforcement of laws relating to civil service
Mass. Gen. Laws ch. 40, § 8A— Development and industrial commission; establishment; duties; membership; tenure; removals; vacancies
Mass. Gen. Laws ch. 40, § 8B— Council on aging; establishment; annual reports; recommendations by department; clerks and employees
Mass. Gen. Laws ch. 40, § 8C— Conservation commission; establishment; powers and duties
Mass. Gen. Laws ch. 40, § 8D— Historical commission; establishment; powers and duties
Mass. Gen. Laws ch. 40, § 8E— Youth commission; establishment; powers and duties
Mass. Gen. Laws ch. 40, § 8F— Consumer advisory commission; establishment; annual report; clerks and employees
Mass. Gen. Laws ch. 40, § 8G— Mutual police aid programs; agreements
Mass. Gen. Laws ch. 40, § 8H— Recycling programs
Mass. Gen. Laws ch. 40, § 8I— Energy resources commission; powers and duties
Mass. Gen. Laws ch. 40, § 8J— Disability commission; powers and duties; members; terms
Mass. Gen. Laws ch. 40, § 8K— Mapping commissions; powers and duties; members
Mass. Gen. Laws ch. 40, § 8L— Municipal agricultural commission
Mass. Gen. Laws ch. 40, § 9— Lease of building space for veterans' organizations; limitations; erection of armories; celebration of holidays
Mass. Gen. Laws ch. 40, § 9A— Repealed, 1949, 563, Sec. 2
Mass. Gen. Laws ch. 40, § 10— Public markets; establishment; conditions; regulation
Mass. Gen. Laws ch. 40, § 11— Prevention of forest fires
Mass. Gen. Laws ch. 40, § 11A— Beach districts; formation
Mass. Gen. Laws ch. 40, § 12— Public baths and wash houses
Mass. Gen. Laws ch. 40, § 12A— Repealed, 1941, 598, Sec. 5
Mass. Gen. Laws ch. 40, § 12B— Beaches for public and recreational uses; formation of district; membership of control commission; annual audit
Mass. Gen. Laws ch. 40, § 12C— Construction of beach facilities; rules and regulations
Mass. Gen. Laws ch. 40, § 12D— Authority to incur indebtedness; limitation
Mass. Gen. Laws ch. 40, § 12E— Treasurer of district; appointment; bond; powers and duties
Mass. Gen. Laws ch. 40, § 12F— Employees
Mass. Gen. Laws ch. 40, § 12G— Leasing of concessions; procedure
Mass. Gen. Laws ch. 40, § 13— Municipal buildings insurance fund; management; use
Mass. Gen. Laws ch. 40, § 13A— Workers' compensation insurance funds; management
Mass. Gen. Laws ch. 40, § 13B— Residence quarters for school physicians
Mass. Gen. Laws ch. 40, § 13C— Workers' compensation claims reserve funds
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
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
Mass. Gen. Laws ch. 40, § 14— Purchase of land; conditions; limitations; definition
Mass. Gen. Laws ch. 40, § 15— Abandonment of rights in realty; conditions
Mass. Gen. Laws ch. 40, § 15A— Transfer of land; procedure
Mass. Gen. Laws ch. 40, § 15B— Water supply works; sale or exchange of property
Mass. Gen. Laws ch. 40, § 15C— Scenic road designations; improvements; fines
Mass. Gen. Laws ch. 40, § 16— Street sprinkling
Mass. Gen. Laws ch. 40, § 17— Assessment
Mass. Gen. Laws ch. 40, § 18— Collection of assessment
Mass. Gen. Laws ch. 40, § 19— Appropriation of money for providing common necessaries during war or other public exigency; purposes; use of funds
Mass. Gen. Laws ch. 40, § 20— Selling price of necessities; accounting
Mass. Gen. Laws ch. 40, § 21— By-laws of towns; purpose
Mass. Gen. Laws ch. 40, § 21A— Powers of cities and towns; regulation of working conditions of employees
Mass. Gen. Laws ch. 40, § 21B— Personnel relations review board; establishment; purpose; ''grievance'', defined
Mass. Gen. Laws ch. 40, § 21C— Union conventions; leave of absence
Mass. Gen. Laws ch. 40, § 21D— Noncriminal disposition of ordinance, by-law, rule or regulation violations
Mass. Gen. Laws ch. 40, § 21E— Municipal charges and bills; due dates; interest
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
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
Mass. Gen. Laws ch. 40, § 22B— Acquisition and maintenance of off-street parking areas and facilities; conditions; exceptions
Mass. Gen. Laws ch. 40, § 22C— Off-street parking lots; installation of parking meters and other devices; use of receipts
Mass. Gen. Laws ch. 40, § 22D— Vehicles parked in violation of law; removal
Mass. Gen. Laws ch. 40, § 22E— Lease of air space above structures and facilities
Mass. Gen. Laws ch. 40, § 22F— License fees; service charges; acceptance of section
Mass. Gen. Laws ch. 40, § 22G— Funds received from fines for handicap parking violations; deposits in account; expenditures
Mass. Gen. Laws ch. 40, § 23— Powers of cities; regulation of erection and maintenance of balustrades; penalty for violation
Mass. Gen. Laws ch. 40, § 24— Powers of cities; regulation of the quality of ice; penalty for violation
Mass. Gen. Laws ch. 40, § 31— Powers of towns; performance of duty imposed by by-laws
Mass. Gen. Laws ch. 40, § 32— Validation of by-laws; procedure
Mass. Gen. Laws ch. 40, § 32A— Publication of ordinances
Mass. Gen. Laws ch. 40, § 32B— Publication of compilations of zoning ordinances; supplements; distribution and sale
Mass. Gen. Laws ch. 40, § 33— Rules and regulations promulgated by town boards; filing
Mass. Gen. Laws ch. 40, § 34— Town; erection and maintenance of lockup; penalty for noncompliance
Mass. Gen. Laws ch. 40, § 35— Keeper; appointment; oath; penalty for failure to appoint keeper
Mass. Gen. Laws ch. 40, § 36— Keeper; powers; compensation; fees
Mass. Gen. Laws ch. 40, § 36A— Report of death or suicide of lockup inmates; records of attempts at, or threats of, suicide
Mass. Gen. Laws ch. 40, § 36B— Cells; protective coverings, electronic audio systems and electronic security devices
Mass. Gen. Laws ch. 40, § 36C— Police; training in suicide detection, intervention and prevention
Mass. Gen. Laws ch. 40, § 37— Accessibility of lockup to police; penalty for refusing access
Mass. Gen. Laws ch. 40, § 37A— Curfews; imposition; penalties
Mass. Gen. Laws ch. 40, § 38— Purchase, development and use of public water supply
Mass. Gen. Laws ch. 40, § 39— Conveying water through another town; liability for damages
Mass. Gen. Laws ch. 40, § 39A— Water supply or distributing system; establishment; maintenance and operation; exception
Mass. Gen. Laws ch. 40, § 39B— Acquisition of land and water; conditions
Mass. Gen. Laws ch. 40, § 39C— Construction and maintenance of dams, wells, reservoirs and other buildings; conditions
Mass. Gen. Laws ch. 40, § 39D— Surveys
Mass. Gen. Laws ch. 40, § 39E— Management of water system
Mass. Gen. Laws ch. 40, § 39F— Damages
Mass. Gen. Laws ch. 40, § 39G— Pollution of water; damage to property; penalties
Mass. Gen. Laws ch. 40, § 39H— Right to aid other governmental units; compensation
Mass. Gen. Laws ch. 40, § 39I— Water meters; testing
Mass. Gen. Laws ch. 40, § 39J— Pricing system; costs
Mass. Gen. Laws ch. 40, § 39K— Drinking water protection district; establishment; commission; pricing system; fund
Mass. Gen. Laws ch. 40, § 39L— Water or sewer service charges; descending unit rate basis
Mass. Gen. Laws ch. 40, § 39M— Water infrastructure surcharge on real property; exemptions; appeal; Municipal Water Infrastructure Investment Fund
Mass. Gen. Laws ch. 40, § 40— Repealed, 1985, 592, Sec. 2
Mass. Gen. Laws ch. 40, § 41— Protection of water supply; conditions
Mass. Gen. Laws ch. 40, § 41A— Use of water in emergencies
Mass. Gen. Laws ch. 40, § 42— Laying pipes and conduits
Mass. Gen. Laws ch. 40, § 42A— Collection of rates and charges for supplying of water; lien for delinquent charges
Mass. Gen. Laws ch. 40, § 42B— Effective date of lien; termination; enforcement
Mass. Gen. Laws ch. 40, § 42C— Unpaid charges; report to tax collector
Mass. Gen. Laws ch. 40, § 42D— Unpaid charges; collection as part of property tax
Mass. Gen. Laws ch. 40, § 42E— Abatements; appeals
Mass. Gen. Laws ch. 40, § 42F— Recovery of delinquent charges from tenants
Mass. Gen. Laws ch. 40, § 42G— Distribution of water; payment of costs by special assessment
Mass. Gen. Laws ch. 40, § 42H— Uniform rate of assessment
Mass. Gen. Laws ch. 40, § 42I— Recordation of assessment to establish lien on property; amount of assessment; extension of time for payment
Mass. Gen. Laws ch. 40, § 42J— Deferral of charges
Mass. Gen. Laws ch. 40, § 42K— Assessment of betterments
Mass. Gen. Laws ch. 40, § 43— Authorization for laying of pipes for the transmission of steam or hot water
Mass. Gen. Laws ch. 40, § 43A— Permission to construct pipelines for conveying petroleum or by-products thereof; conditions
Mass. Gen. Laws ch. 40, § 44— Improvement districts; purposes; membership; tenure; powers and duties
Mass. Gen. Laws ch. 40, § 44A— Regional refuse disposal planning committee
Mass. Gen. Laws ch. 40, § 44B— Regional refuse disposal planning board; study of creation of district; expenses of board; refuse disposal facility defined
Mass. Gen. Laws ch. 40, § 44C— Regional refuse disposal planning board; agreement for establishment of district
Mass. Gen. Laws ch. 40, § 44D— Report of board
Mass. Gen. Laws ch. 40, § 44E— Acceptance of recommendation; election; establishment of district
Mass. Gen. Laws ch. 40, § 44F— General powers of district
Mass. Gen. Laws ch. 40, § 44G— Exercise of powers; officers of committee
Mass. Gen. Laws ch. 40, § 44H— Maintenance and operating expenses; debts; determination and apportionment
Mass. Gen. Laws ch. 40, § 44I— Annual audit and report; costs
Mass. Gen. Laws ch. 40, § 44J— Sale, lease or license of lands or facilities to refuse disposal districts
Mass. Gen. Laws ch. 40, § 44K— Bonds and notes; limit of indebtedness
Mass. Gen. Laws ch. 40, § 44L— Issuance of debt obligations to pay for project costs
Mass. Gen. Laws ch. 40, § 45— Recognizance; permission to designate an agent
Mass. Gen. Laws ch. 40, § 46— Certification of claims
Mass. Gen. Laws ch. 40, § 47— Town seal; establishment; use
Mass. Gen. Laws ch. 40, § 48— Establishment of suitable place to keep books; penalty for noncompliance; custody of books and records
Mass. Gen. Laws ch. 40, § 49— Annual town reports; publication; penalty for noncompliance
Mass. Gen. Laws ch. 40, § 50— Annual town report; copy to state library
Mass. Gen. Laws ch. 40, § 51— Publication of information concerning persons receiving aid from governmental agencies forbidden; exceptions; penalties
Mass. Gen. Laws ch. 40, § 52— Size of official letters
Mass. Gen. Laws ch. 40, § 53— Restraint of illegal appropriations; ten taxpayer actions
Mass. Gen. Laws ch. 40, § 54— Building permit restrictions; availability of water supply; disposal of debris
Mass. Gen. Laws ch. 40, § 54A— State consent to issuance of permit to build on lands formerly used as a railroad right-of-way; damages in absence thereof
Mass. Gen. Laws ch. 40, § 55— Annuity contract, custodial account or other investment for hospital employees
Mass. Gen. Laws ch. 40, § 56— Percentages of local tax levy for property
Mass. Gen. Laws ch. 40, § 57— Local licenses and permits; denial, revocation or suspension for failure to pay municipal taxes or charges
Mass. Gen. Laws ch. 40, § 58— Municipal charges lien
Mass. Gen. Laws ch. 40, § 59— Tax increment financing plan
Mass. Gen. Laws ch. 40, § 60— Urban center housing tax increment financing zone (UCH–TIF)
Mass. Gen. Laws ch. 40, § 60A— Manufacturing workforce training tax increment financing plan
Mass. Gen. Laws ch. 40, § 60B— Workforce housing special tax assessment plan
Mass. Gen. Laws ch. 40, § 61— Definitions applicable to Secs. 61 to 69
Mass. Gen. Laws ch. 40, § 62— Contracts for the inspection, maintenance, repair or modification of water storage facility authorized
Mass. Gen. Laws ch. 40, § 63— Term of contract awarded under Sec. 62 and option for renewal or extension; contents of contract and obligations thereunder; requirements relating to capital modifications, capital repairs, installation of equipment and systems or second interior or exterior coating
Mass. Gen. Laws ch. 40, § 64— Solicitation of proposals; statement of compliance with occupation health and safety requirements
Mass. Gen. Laws ch. 40, § 65— Acceptance of proposal and award of contract; notice; statement of reasons for acceptance
Mass. Gen. Laws ch. 40, § 66— Terms and conditions of contract awarded under Secs. 61 to 69; bond or other security for the obligation of selected offeror
Mass. Gen. Laws ch. 40, § 67— Project approval certificates from department of environmental protection
Mass. Gen. Laws ch. 40, § 68— Contracts made in violation of Secs. 61 to 69 void and unenforceable
Mass. Gen. Laws ch. 40, § 69— Public notice of request for proposal
Mass. Gen. Laws ch. 40, § 70— Preference for affordable housing to low- or moderate-income veterans; municipality credit; proof of veteran status and income eligibility
Mass. Gen. Laws ch. 40, § 71— School bus violation detection monitoring systems; installation and operation