General Laws of Massachusetts - Chapter 40 Powers and Duties of Cities and Towns

• Massachusetts General Laws - Nature and scope - Chapter 40, 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...
• Massachusetts General Laws - District defined - Chapter 40, 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,...
• Massachusetts General Laws - Districts; power to sue and be sued; insurance; defense of civil actions - Chapter 40, 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...
• Massachusetts General Laws - Towns; power to sue and be sued - Chapter 40, Section 2
  A town may in its corporate capacity sue and be sued by its name, and may appoint necessary agents therefor.
• Massachusetts General Laws - Towns; power to hold, lease and convey property - Chapter 40, 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...
• Massachusetts General Laws - 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 - Chapter 40, Section 3A
  Any recordable instrument purporting to affect an interest in real estate, title to which is held by a city, town, district or regional school district,...
• Massachusetts General Laws - Towns; power to contract; purposes - Chapter 40, Section 4
  A city or town may make contracts for the exercise of its corporate powers, on such terms and conditions as are authorized by the town...
• Massachusetts General Laws - Governmental units; joint operation of public activities; termination of agreement; “governmental unit” defined; financial safeguards - Chapter 40, Section 4A
  The chief executive officer of a city or town, or a board, committee or officer authorized by law to execute a contract in the name...
• Massachusetts General Laws - Repealed, 1989, 687, Sec. 8 - Chapter 40, Section 4B
  Repealed, 1989, 687, Sec.
• Massachusetts General Laws - Repealed, 1989, 687, Sec. 9 - Chapter 40, Section 4B1/2
  Repealed, 1989, 687, Sec.
• Massachusetts General Laws - Repealed, 1965, 763, Sec. 1 - Chapter 40, Section 4C
  Repealed, 1965, 763, Sec.
• Massachusetts General Laws - Contracts with state or public authority for construction of public works - Chapter 40, Section 4D
  Any governmental unit, as defined in section four A, may enter into an agreement with the commonwealth or with any public authority, whereby the commonwealth...
• Massachusetts General Laws - Education collaboratives - Chapter 40, Section 4E
  (a) As used in this section the following words shall, unless the context clearly requires otherwise, have the following meanings:— “Charter school”, commonwealth charter schools...
• Massachusetts General Laws - Purchase of clothing or apparel; restrictions - Chapter 40, Section 4F
  In any city or town which accepts the provisions of this section, any contracts or orders for items of clothing or apparel shall be given...
• Massachusetts General Laws - Repealed, 1989, 687, Sec. 10 - Chapter 40, Section 4G
  Repealed, 1989, 687, Sec.
• Massachusetts General Laws - Repealed, 1989, 687, Sec. 11 - Chapter 40, Section 4H
  Repealed, 1989, 687, Sec.
• Massachusetts General Laws - Growth and development policy committees; definitions - Chapter 40, Section 4I
  As used in this section, the following words shall have the following meanings:— “Balanced growth and development issues”, the current and future residential, commercial and...
• Massachusetts General Laws - Public safety mutual aid agreement; procedure for joining agreement; requests to receive assistance; rights and responsibilities of requesting and sending parties - Chapter 40, Section 4J
  (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise: “Agency”, the Massachusetts emergency management...
• Massachusetts General Laws - Public works municipal mutual aid agreement; procedure for joining agreement; advisory committee; requests to receive assistance; rights and responsibilities of requesting and sending parties - Chapter 40, Section 4K
  (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:— “Advisory committee”, the statewide public...
• Massachusetts General Laws - Appropriation of money for exercise of corporate powers - Chapter 40, Section 5
  A town may at any town meeting appropriate money for the exercise of any of its corporate powers; provided, however, that a town shall not...
• Massachusetts General Laws - Cities; reserve funds for extraordinary expenditures; establishment - Chapter 40, Section 5A
  To provide for extraordinary or unforeseen expenditures, a city may, prior to the date when the tax rate for a fiscal year is fixed, include...
• Massachusetts General Laws - Stabilization funds; establishment - Chapter 40, Section 5B
  For the purpose of creating 1 or more stabilization funds, cities, towns and districts may appropriate in any year an amount not exceeding, in the...
• Massachusetts General Laws - Districts; reserve funds for extraordinary expenditures; establishment - Chapter 40, Section 5C
  To provide for extraordinary or unforeseen expenditures, a district may at an annual or special district meeting appropriate or transfer a sum or sums not...
• Massachusetts General Laws - Contributory retirement system funds; recovery of pension costs - Chapter 40, Section 5D
  In order to offset the anticipated costs for funding the contributory retirement systems, cities, towns, counties and districts may appropriate in any year an amount...
• Massachusetts General Laws - Unemployment compensation fund; deposit and investment; payments - Chapter 40, Section 5E
  To provide for the anticipated costs of funding reimbursements to the commonwealth for unemployment compensation benefits under the provisions of chapter one hundred and fifty-one...
• Massachusetts General Laws - Ambulance services; recreational facilities; service charges; credit card payments - Chapter 40, Section 5F
  For the following purposes, a city or town may defray the cost, including maturing debt and interest, of acquiring, establishing, maintaining, and operating certain facilities...
• Massachusetts General Laws - Municipal waterways improvement and maintenance funds - Chapter 40, Section 5G
  A city or town may establish a municipal waterways improvement and maintenance fund to receive revenue under subsection (i) of section 2 of chapter 60B...
• Massachusetts General Laws - Centennial celebrations; funds - Chapter 40, Section 5H
  For the celebration of the year 2000 or the year 2001 or any centennial celebration, any city or town may appropriate money annually during the...
• Massachusetts General Laws - Towns; reserve funds for extraordinary expenditures; establishment - Chapter 40, Section 6
  To provide for extraordinary or unforeseen expenditures, a town may at an annual or special town meeting appropriate or transfer a sum or sums not...
• Massachusetts General Laws - Advertising - Chapter 40, Section 6A
  A city or town which accepts the provisions of this section may appropriate annually a sum for the purpose of advertising its resources, advantages and...
• Massachusetts General Laws - Uniforms and other outer clothing for members of police and fire departments and shellfish constabulary; clothing allowance - Chapter 40, Section 6B
  A city or town which accepts or has accepted this section may appropriate money for the purchase of uniforms for members of its police and...
• Massachusetts General Laws - Removal of ice and snow from private ways; conditions - Chapter 40, Section 6C
  A city or town which accepts this section in the manner provided in section six D may appropriate money for the removal of snow and...
• Massachusetts General Laws - Removal of ice and snow from private ways; submission to electorate; ballot - Chapter 40, Section 6D
  Section six C shall be submitted for acceptance to the registered voters of a city at a regular city election if the city council thereof...
• Massachusetts General Laws - Repealed, 1977, 693, Sec. 1 - Chapter 40, Section 6E to 6I
  Repealed, 1977, 693, Sec.
• Massachusetts General Laws - Stormy weather work clothes; purchase - Chapter 40, Section 6J
  A city or town which accepts this section may appropriate money for the purchase of stormy weather work clothes, including rubber boots, and other work...
• Massachusetts General Laws - Uniforms of public health nurses; purchase - Chapter 40, Section 6K
  A city or town which accepts this section may appropriate money for the purchase of uniforms for public health nurses employed by its board of
• Massachusetts General Laws - Stormy weather work clothes; lease or rental - Chapter 40, Section 6L
  A city or town which accepts this section may appropriate money for the lease or rental of stormy weather work clothes, including rubber boots, and...
• Massachusetts General Laws - Repealed, 1977, 693, Sec. 1 - Chapter 40, Section 6M
  Repealed, 1977, 693, Sec.
• Massachusetts General Laws - Private ways; temporary repairs, ordinances or by-laws - Chapter 40, Section 6N
  Cities and towns may by ordinance or by-law provide for making temporary repairs on private ways. Such ordinance or by-law shall determine (a) the type...
• Massachusetts General Laws - Group life insurance premiums; permanent employees - Chapter 40, Section 6O
  A city or town may pay part of the premiums for group life insurance for permanent employees under the provisions of section one hundred and...
• Massachusetts General Laws - Removal of ice and snow from sidewalks in towns - Chapter 40, Section 7
  Any town which accepts this section or has accepted corresponding provisions of earlier laws may appropriate money for the removal of snow and ice from...
• Massachusetts General Laws - Prevention of automobile accidents - Chapter 40, Section 7A
  Cities and towns may appropriate money for the purpose of conducting and maintaining a specific program of safety activities designed to prevent automobile accidents; and...
• Massachusetts General Laws - Enforcement of laws relating to civil service - Chapter 40, Section 8
  A city, or a town which accepts chapter thirty-one or has accepted corresponding provisions of earlier laws, may appropriate money for the enforcement therein of...
• Massachusetts General Laws - Development and industrial commission; establishment; duties; membership; tenure; removals; vacancies - Chapter 40, Section 8A
  A city or town which accepts this section may establish a development and industrial commission for the promotion and development of the industrial resources of...
• Massachusetts General Laws - Council on aging; establishment; annual reports; recommendations by department; clerks and employees - Chapter 40, Section 8B
  A city by ordinance or a town by by-law may establish a council on aging for the purpose of coordinating or carrying out programs designed...
• Massachusetts General Laws - Conservation commission; establishment; powers and duties - Chapter 40, Section 8C
  A city or town which accepts this section may establish a conservation commission, hereinafter called the commission, for the promotion and development of the natural...
• Massachusetts General Laws - Historical commission; establishment; powers and duties - Chapter 40, Section 8D
  [ Text of section effective until April 2, 2014. For text effective April 2, 2014, see below.]A city or town which accepts this section may...
• Massachusetts General Laws - Youth commission; establishment; powers and duties - Chapter 40, Section 8E
  A city or town which accepts this section may establish a youth commission, hereinafter called the commission, for the purpose of carrying out programs which...
• Massachusetts General Laws - Consumer advisory commission; establishment; annual report; clerks and employees - Chapter 40, Section 8F
  A city by ordinance or a town by by-law may establish a consumer advisory commission for the purposes of conducting investigations and research into matters...
• Massachusetts General Laws - Mutual police aid programs; agreements - Chapter 40, Section 8G
  A city or town which accepts this section may enter into an agreement with another city or town, or other cities and towns including cities...
• Massachusetts General Laws - Recycling programs - Chapter 40, Section 8H
  A city, town, or district may establish, by approval of the local legislative body, a recycling program for the purpose of recycling any type of...
• Massachusetts General Laws - Energy resources commission; powers and duties - Chapter 40, Section 8I
  A city or town which accepts this section may establish an energy resources commission, hereinafter called the commission, for the promotion and development of the...
• Massachusetts General Laws - Disability commission; powers and duties; members; terms - Chapter 40, Section 8J
  A city which accepts the provisions of this section by vote of its city council, subject to the provisions of its charter, or a town...
• Massachusetts General Laws - Mapping commissions; powers and duties; members - Chapter 40, Section 8K
  A city by ordinance or a town by by-law may establish a mapping commission for the purpose of developing or coordinating the development of comprehensive...
• Massachusetts General Laws - Lease of building space for veterans’ organizations; limitations; erection of armories; celebration of holidays - Chapter 40, Section 9
  A city or town may, for the purpose of providing suitable headquarters for such post or posts of any veterans’ organization incorporated or chartered by...
• Massachusetts General Laws - Repealed, 1949, 563, Sec. 2 - Chapter 40, Section 9A
  Repealed, 1949, 563, Sec.
• Massachusetts General Laws - Public markets; establishment; conditions; regulation - Chapter 40, 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...
• Massachusetts General Laws - Prevention of forest fires - Chapter 40, 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...
• Massachusetts General Laws - Beach districts; formation - Chapter 40, 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...
• Massachusetts General Laws - Public baths and wash houses - Chapter 40, 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...
• Massachusetts General Laws - Repealed, 1941, 598, Sec. 5 - Chapter 40, Section 12A
  Repealed, 1941, 598, Sec.
• Massachusetts General Laws - Beaches for public and recreational uses; formation of district; membership of control commission; annual audit - Chapter 40, 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...
• Massachusetts General Laws - Construction of beach facilities; rules and regulations - Chapter 40, 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...
• Massachusetts General Laws - Authority to incur indebtedness; limitation - Chapter 40, 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...
• Massachusetts General Laws - Treasurer of district; appointment; bond; powers and duties - Chapter 40, 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...
• Massachusetts General Laws - Employees - Chapter 40, 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,...
• Massachusetts General Laws - Leasing of concessions; procedure - Chapter 40, 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...
• Massachusetts General Laws - Municipal buildings insurance fund; management; use - Chapter 40, 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...
• Massachusetts General Laws - Workers’ compensation insurance funds; management - Chapter 40, 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,...
• Massachusetts General Laws - Residence quarters for school physicians - Chapter 40, 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...
• Massachusetts General Laws - Workers’ compensation claims reserve funds - Chapter 40, 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...
• Massachusetts General Laws - Reserve fund for future payment of accrued liabilities for compensated absences due employee or officer of town upon termination of employment - Chapter 40, 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...
• Massachusetts General Laws - Purchase of land; conditions; limitations; definition - Chapter 40, 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,...
• Massachusetts General Laws - Abandonment of rights in realty; conditions - Chapter 40, 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...
• Massachusetts General Laws - Transfer of land; procedure - Chapter 40, 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,...
• Massachusetts General Laws - Water supply works; sale or exchange of property - Chapter 40, 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,...
• Massachusetts General Laws - Scenic road designations; improvements; fines - Chapter 40, 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...
• Massachusetts General Laws - Street sprinkling - Chapter 40, 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...
• Massachusetts General Laws - Assessment - Chapter 40, 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...
• Massachusetts General Laws - Collection of assessment - Chapter 40, 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...
• Massachusetts General Laws - Appropriation of money for providing common necessaries during war or other public exigency; purposes; use of funds - Chapter 40, 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,...
• Massachusetts General Laws - Selling price of necessities; accounting - Chapter 40, 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...
• Massachusetts General Laws - By-laws of towns; purpose - Chapter 40, 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,...
• Massachusetts General Laws - Powers of cities and towns; regulation of working conditions of employees - Chapter 40, 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...
• Massachusetts General Laws - Personnel relations review board; establishment; purpose; “grievance”, defined - Chapter 40, 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...
• Massachusetts General Laws - Union conventions; leave of absence - Chapter 40, 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...
• Massachusetts General Laws - Employees who are veterans; participation in Veterans or Memorial Day exercises; time off granted; exceptions - Chapter 40, Section 21C1/2
  An employee of a city or town which accepts the provisions of this section who is a veteran as defined in clause Forty-third of section...
• Massachusetts General Laws - Noncriminal disposition of ordinance, by-law, rule or regulation violations - Chapter 40, 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...
• Massachusetts General Laws - Municipal charges and bills; due dates; interest - Chapter 40, 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...
• Massachusetts General Laws - Regulation of vehicles; penalties for violation; disabled veterans and handicapped persons excepted from parking violations; taxicab licenses - Chapter 40, 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...
• Massachusetts General Laws - Parking meters; fees; exemption from fees for disabled veterans and handicapped persons; bicycle locking devices; motorcycle parking; restricted parking areas for veterans and handicapped persons - Chapter 40, 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...
• Massachusetts General Laws - Acquisition and maintenance of off-street parking areas; conditions; exceptions - Chapter 40, Section 22B
  Any city or town having installed parking meters or coin-operated locking devices for bicycle parking may acquire off-street parking areas and facilities by purchase, gift,...
• Massachusetts General Laws - Off-street parking lots; installation of parking meters and other devices; use of receipts - Chapter 40, 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...
• Massachusetts General Laws - Vehicles parked in violation of law; removal - Chapter 40, 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...
• Massachusetts General Laws - Lease of air space above structures and facilities - Chapter 40, 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...
• Massachusetts General Laws - License fees; service charges; acceptance of section - Chapter 40, 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...
• Massachusetts General Laws - Funds received from fines for handicap parking violations; deposits in account; expenditures - Chapter 40, 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...
• Massachusetts General Laws - Powers of cities; regulation of erection and maintenance of balustrades; penalty for violation - Chapter 40, 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...
• Massachusetts General Laws - Powers of cities; regulation of the quality of ice; penalty for violation - Chapter 40, 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...
• Massachusetts General Laws - Repealed, 1954, 368, Sec. 1 - Chapter 40, Section 25 to 30B
  Repealed, 1954, 368, Sec.
• Massachusetts General Laws - Powers of towns; performance of duty imposed by by-laws - Chapter 40, Section 31
  If a town by-law imposes a duty and affixes a penalty for the neglect or violation thereof, it may also provide that upon such neglect...
• Massachusetts General Laws - Validation of by-laws; procedure - Chapter 40, Section 32
  Except to the extent that a zoning by-law may take effect as provided in section five of chapter forty A, before a by-law takes effect...
• Massachusetts General Laws - Publication of ordinances - Chapter 40, Section 32A
  The provisions in the charter of a city which accepts this section by vote of its city council, requiring newspaper advertising of certain ordinances and...
• Massachusetts General Laws - Publication of compilations of zoning ordinances; supplements; distribution and sale - Chapter 40, Section 32B
  A city or town may from time to time publish, distribute or sell compilations of zoning ordinances or by-laws and amendments thereto, certified by the...
• Massachusetts General Laws - Rules and regulations promulgated by town boards; filing - Chapter 40, Section 33
  A copy of all rules and regulations made by town boards or officers for which a penalty is provided by law shall be filed with...
• Massachusetts General Laws - Town; erection and maintenance of lockup; penalty for noncompliance - Chapter 40, Section 34
  Each town containing more than five thousand inhabitants shall, and any town may, maintain a secure and convenient lockup to which persons arrested without a...
• Massachusetts General Laws - Keeper; appointment; oath; penalty for failure to appoint keeper - Chapter 40, Section 35
  The mayor of each city, except Boston, and in Boston the police commissioner, and the selectmen of each town required to maintain a lockup shall...
• Massachusetts General Laws - Keeper; powers; compensation; fees - Chapter 40, Section 36
  Such keeper shall have the power of a police officer and shall receive the compensation to be fixed by the selectmen upon his appointment. For...
• Massachusetts General Laws - Report of death or suicide of lockup inmates; records of attempts at, or threats of, suicide - Chapter 40, Section 36A
  Whenever a person is in police custody and commits suicide or dies at a lockup facility established pursuant to the provisions of section thirty-four of...
• Massachusetts General Laws - Cells; protective coverings, electronic audio systems and electronic security devices - Chapter 40, Section 36B
  Each cell utilized for the detention of persons within a city, town, or state lockup facility which is under the jurisdiction of a local police...
• Massachusetts General Laws - Police; training in suicide detection, intervention and prevention - Chapter 40, Section 36C
  All members of municipal police departments, and all uniformed members of the state police shall be trained in the detection, intervention and prevention of suicide....
• Massachusetts General Laws - Accessibility of lockup to police; penalty for refusing access - Chapter 40, Section 37
  Such lockups shall at all reasonable hours be accessible to the state police, sheriffs, constables and police officers for any legal and proper use; and...
• Massachusetts General Laws - Curfews; imposition; penalties - Chapter 40, Section 37A
  The mayor of any city other than a city having a Plan D or Plan E form of charter, the city manager of a city...
• Massachusetts General Laws - Purchase, development and use of public water supply - Chapter 40, Section 38
  A city, by a two thirds vote of its city council, ratified by a majority of the voters thereof at an election called for the...
• Massachusetts General Laws - Conveying water through another town; liability for damages - Chapter 40, Section 39
  If the water is conveyed through another town, pipes may be laid through any public ways therein which the board of aldermen or selectmen thereof...
• Massachusetts General Laws - Water supply or distributing system; establishment; maintenance and operation; exception - Chapter 40, Section 39A
  A town, by a majority of its voters present and voting thereon at a town meeting at which the voting list shall be used, may...
• Massachusetts General Laws - Acquisition of land and water; conditions - Chapter 40, Section 39B
  For the purpose of establishing a water supply or water distributing system as authorized by section thirty-nine A, any town, by its board of water...
• Massachusetts General Laws - Construction and maintenance of dams, wells, reservoirs and other buildings; conditions - Chapter 40, Section 39C
  A town may construct and maintain on the lands acquired and held by it under section thirty-nine B proper dams, wells, reservoirs, pumping and filtration...
• Massachusetts General Laws - Surveys - Chapter 40, Section 39D
  Such a town may enter upon any lands for the purpose of making surveys, test pits and borings, and may take or otherwise acquire the...
• Massachusetts General Laws - Management of water system - Chapter 40, Section 39E
  The land, water rights and other property taken or acquired under section thirty-nine B, and all works, buildings and other structures erected or constructed under...
• Massachusetts General Laws - Damages - Chapter 40, Section 39F
  Any person or corporation injured in his or its property by any action of a town under said sections thirty-nine A to thirty-nine E, inclusive,...
• Massachusetts General Laws - Pollution of water; damage to property; penalties - Chapter 40, Section 39G
  Whoever wilfully or wantonly corrupts, pollutes or diverts any of the waters taken or held under said sections thirty-nine A to thirty-nine E, inclusive, or...
• Massachusetts General Laws - Right to aid other governmental units; compensation - Chapter 40, Section 39H
  A city, town, commission or district through its water department, if any, if thereunto authorized by ordinance, or by-law or by vote of its governing...
• Massachusetts General Laws - Water meters; testing - Chapter 40, Section 39I
  Any person using water supplied by a city, town or district, measured by a meter, shall be entitled to an examination and test of such...
• Massachusetts General Laws - Pricing system; costs - Chapter 40, Section 39J
  In any city or town which accepts the provisions of this section, either by a vote of the city council, board of selectmen, board of...
• Massachusetts General Laws - Repealed, 1990, 177, Secs. 102, 103 - Chapter 40, Section 39J1/2
  Repealed, 1990, 177, Secs. 102,
• Massachusetts General Laws - Drinking water protection district; establishment; commission; pricing system; fund - Chapter 40, Section 39K
  (a) Any city or town which accepts the provisions of this section either by a majority vote of the city or town council or by...
• Massachusetts General Laws - Water or sewer service charges; descending unit rate basis - Chapter 40, Section 39L
  No local body shall charge for water or sewer services on a descending unit rate basis. For the purposes of this section a local body...
• Massachusetts General Laws - Repealed, 1985, 592, Sec. 2 - Chapter 40, Section 40
  Repealed, 1985, 592, Sec.
• Massachusetts General Laws - Protection of water supply; conditions - Chapter 40, Section 41
  Towns and water supply and fire districts duly established by law may, with the consent and approval of the department of environmental protection, given after...
• Massachusetts General Laws - Use of water in emergencies - Chapter 40, Section 41A
  A board of water commissioners or a board of public works with the duties of water commissioners of a municipality, water supply, fire and water...
• Massachusetts General Laws - Repealed, 1968, 548, Sec. 2 - Chapter 40, Section 41B 41C
  Repealed, 1968, 548, Sec.
• Massachusetts General Laws - Laying pipes and conduits - Chapter 40, Section 42
  The board of aldermen or the selectmen may, upon terms and conditions prescribed by them, authorize the laying of pipes and conduits for the conveyance...
• Massachusetts General Laws - Collection of rates and charges for supplying of water; lien for delinquent charges - Chapter 40, Section 42A
  If the rates and charges due to a city, town or water district, which accepts this section and sections forty-two B to forty-two F, inclusive,...
• Massachusetts General Laws - Effective date of lien; termination; enforcement - Chapter 40, Section 42B
  Such lien shall take effect by operation of law on the day immediately following the due date of such rate or charge, and, unless dissolved...
• Massachusetts General Laws - Unpaid charges; report to tax collector - Chapter 40, Section 42C
  If a rate or charge for which a lien is in effect under section forty-two B has not been added to or committed as a...
• Massachusetts General Laws - Unpaid charges; collection as part of property tax - Chapter 40, Section 42D
  Except as otherwise provided, the provisions of chapters fifty-nine and sixty shall apply, so far as pertinent, to all rates and charges certified to the...
• Massachusetts General Laws - Abatements; appeals - Chapter 40, Section 42E
  An owner of real estate aggrieved by a charge imposed thereon under sections forty-two A to forty-two F, inclusive, in addition to such remedy as...
• Massachusetts General Laws - Recovery of delinquent charges from tenants - Chapter 40, Section 42F
  An owner of real estate who, in order to prevent the imposition of a lien thereon or to discharge the same, has paid charges for...
• Massachusetts General Laws - Distribution of water; payment of costs by special assessment - Chapter 40, Section 42G
  Any city, town or district having a water supply or water distributing system which, in the case of a city or town, accepts this section...
• Massachusetts General Laws - Uniform rate of assessment - Chapter 40, Section 42H
  A city, town or district having a water supply or water distributing system may provide that assessment for the cost of providing and laying water...
• Massachusetts General Laws - Recordation of assessment to establish lien on property; amount of assessment; extension of time for payment - Chapter 40, Section 42I
  Whenever the water commissioners or other officers in charge of the supply and distribution of water in a city, town or district which has accepted...
• Massachusetts General Laws - Deferral of charges - Chapter 40, Section 42J
  In a city, town or district which accepts the provisions of this section, the board responsible for assessing charges for the use of water under...
• Massachusetts General Laws - Assessment of betterments - Chapter 40, Section 42K
  In a city, town or district which accepts the provisions of this section, the water commissioners may assess betterments in accordance with the provisions of...
• Massachusetts General Laws - Authorization for laying of pipes for the transmission of steam or hot water - Chapter 40, Section 43
  The board of aldermen or the selectmen may, upon terms and conditions prescribed by them, authorize the laying of pipes and conduits for the transmission...
• Massachusetts General Laws - Permission to construct pipelines for conveying petroleum or by-products thereof; conditions - Chapter 40, Section 43A
  The board of alderman or the selectmen may, subject to such terms and conditions as they may deem advisable and subject also to such rules...
• Massachusetts General Laws - Improvement districts; purposes; membership; tenure; powers and duties - Chapter 40, Section 44
  A town may, at a town meeting, authorize a village or district therein, if it contains not less than one thousand inhabitants, to organize under...
• Massachusetts General Laws - Regional refuse disposal planning committee - Chapter 40, Section 44A
  A city or town, by vote of the council in the case of a city and by vote of a town meeting in the case...
• Massachusetts General Laws - Regional refuse disposal planning board; study of creation of district; expenses of board; refuse disposal facility defined - Chapter 40, Section 44B
  Regional refuse disposal planning committees from any two or more cities or towns may join together to form a regional refuse disposal planning board. Such...
• Massachusetts General Laws - Regional refuse disposal planning board; agreement for establishment of district - Chapter 40, Section 44C
  The regional refuse disposal planning board, consisting only of the regional refuse disposal planning committees which vote in favor of the establishment of a regional...
• Massachusetts General Laws - Report of board - Chapter 40, Section 44D
  The regional refuse disposal planning board shall report its findings and recommendations to the board of selectmen and the mayor, as the case may be,...
• Massachusetts General Laws - Acceptance of recommendation; election; establishment of district - Chapter 40, Section 44E
  The selectmen of each of the several towns, upon receipt of a recommendation that a regional refuse disposal district be established, shall cause the question...
• Massachusetts General Laws - General powers of district - Chapter 40, Section 44F
  A regional refuse disposal district, established under the provisions of section forty-four E, shall be a body politic and corporate with the following powers and...
• Massachusetts General Laws - Exercise of powers; officers of committee - Chapter 40, Section 44G
  The powers, duties and liabilities of a regional refuse disposal district shall be vested in and exercised by a regional refuse disposal district committee organized...
• Massachusetts General Laws - Maintenance and operating expenses; debts; determination and apportionment - Chapter 40, Section 44H
  The regional refuse disposal district committee shall annually determine the amounts necessary to be raised to maintain and operate the district during the ensuing fiscal...
• Massachusetts General Laws - Annual audit and report; costs - Chapter 40, Section 44I
  The director of accounts in the department of corporations and taxation shall annually cause an audit to be made of the accounts of the regional...
• Massachusetts General Laws - Sale, lease or license of lands or facilities to refuse disposal districts - Chapter 40, Section 44J
  The agreement made under section forty-four C, or any amendment to such an agreement, may contain provisions authorizing any member city or town to sell,...
• Massachusetts General Laws - Bonds and notes; limit of indebtedness - Chapter 40, Section 44K
  The provisions of sections sixteen to twenty-eight, inclusive, of chapter forty-four shall, so far as apt, apply to regional refuse disposal districts, but the provisions...
• Massachusetts General Laws - Issuance of debt obligations to pay for project costs - Chapter 40, Section 44L
  The rights and powers granted to cities and towns by the provisions of section twenty-eight C of chapter forty-four shall apply to regional refuse disposal...
• Massachusetts General Laws - Recognizance; permission to designate an agent - Chapter 40, Section 45
  The selectmen of a town required to enter into a recognizance may by an order or vote authorize any person to enter into the recognizance...
• Massachusetts General Laws - Certification of claims - Chapter 40, Section 46
  Any person authorized to approve a claim against a town for labor, materials or service may, before approval thereof, require the claimant to certify under...
• Massachusetts General Laws - Town seal; establishment; use - Chapter 40, Section 47
  Each town shall have a seal, established at a town meeting, to be kept by the town clerk. Papers or documents issued from any office...
• Massachusetts General Laws - Establishment of suitable place to keep books; penalty for noncompliance; custody of books and records - Chapter 40, Section 48
  Every town shall provide suitable places, to be approved by the supervisor of public records, for the preservation and convenient use of all books, reports...
• Massachusetts General Laws - Annual town reports; publication; penalty for noncompliance - Chapter 40, Section 49
  The selectmen, before the annual town meeting, shall at the expense of the town print the annual town report for the use of the inhabitants...
• Massachusetts General Laws - Annual town report; copy to state library - Chapter 40, Section 50
  One copy or more of the annual report and of any special report of a town shall annually, on or before the last day of...
• Massachusetts General Laws - Publication of information concerning persons receiving aid from governmental agencies forbidden; exceptions; penalties - Chapter 40, Section 51
  No town or officer thereof shall publish or disclose in any manner to others than officers of any city, town or other governmental agency or...
• Massachusetts General Laws - Size of official letters - Chapter 40, Section 52
  All official letters from officers of towns shall be written or printed, so far as practicable, on paper eight and one half inches wide and...
• Massachusetts General Laws - Restraint of illegal appropriations; ten taxpayer actions - Chapter 40, Section 53
  If a town, regional school district, or a district as defined in section one A, or any of its officers or agents are about to...
• Massachusetts General Laws - Building permit restrictions; availability of water supply; disposal of debris - Chapter 40, Section 54
  No building permit shall be issued for the construction of a building which would necessitate the use of water therein, unless a supply of water...
• Massachusetts General Laws - State consent to issuance of permit to build on lands formerly used as a railroad right-of-way; damages in absence thereof - Chapter 40, Section 54A
  If a city or town or any other person purchases any lands formerly used as a railroad right-of-way or any property appurtenant thereto formerly used...
• Massachusetts General Laws - Annuity contract, custodial account or other investment for hospital employees - Chapter 40, Section 55
  Any city through an officer designated by the city council or any town through an officer designated by the selectmen which operates a hospital may...
• Massachusetts General Laws - Percentages of local tax levy for property - Chapter 40, Section 56
  The commissioner shall triennially certify as to whether the board of assessors is assessing property at full and fair cash valuation. Once certified, a city...
• Massachusetts General Laws - Local licenses and permits; denial, revocation or suspension for failure to pay municipal taxes or charges - Chapter 40, Section 57
  Any city or town which accepts the provisions of this section, may by by-law or ordinance deny any application for, or revoke or suspend a...
• Massachusetts General Laws - Municipal charges lien - Chapter 40, Section 58
  Any city or town may impose a lien on real property located within the city or town for any local charge or fee that has...
• Massachusetts General Laws - Tax increment financing plan - Chapter 40, Section 59
  Notwithstanding any general or special law to the contrary, any city or town by vote of its town meeting, town council, or city council with...
• Massachusetts General Laws - Urban center housing tax increment financing zone (UCH-TIF) - Chapter 40, Section 60
  (a) Notwithstanding any general or special law to the contrary, a city or town by vote of its town meeting, town council or city council...
• Massachusetts General Laws - Manufacturing workforce training tax increment financing plan - Chapter 40, Section 60A
  (a) Notwithstanding any general or special law to the contrary, a city or town, by vote of its town meeting, town council or city council,...
• Massachusetts General Laws - Definitions applicable to Secs. 61 to 69 - Chapter 40, Section 61
  As used in this section and sections 62 to 69, inclusive, the following words shall have the following meanings unless the context clearly requires otherwise:...
• Massachusetts General Laws - Contracts for the inspection, maintenance, repair or modification of water storage facility authorized - Chapter 40, Section 62
  Pursuant to sections 61 to 69, inclusive, a governmental unit may enter into contracts for the inspection, maintenance, repair or modification of a water storage...
• Massachusetts General Laws - 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 - Chapter 40, Section 63
  (a) A contract awarded under section 62 may provide for a term, not exceeding 15 years, and an option for renewal or extension of inspection,...
• Massachusetts General Laws - Solicitation of proposals; statement of compliance with occupation health and safety requirements - Chapter 40, Section 64
  The chief procurement officer of a governmental unit shall solicit proposals in conformance with section 6 of chapter 30B. Information from the governmental unit shall...
• Massachusetts General Laws - Acceptance of proposal and award of contract; notice; statement of reasons for acceptance - Chapter 40, Section 65
  The chief procurement officer of a governmental unit shall award the contract to the most advantageous proposal from a responsible and responsive offeror taking into...
• Massachusetts General Laws - Terms and conditions of contract awarded under Secs. 61 to 69; bond or other security for the obligation of selected offeror - Chapter 40, Section 66
  A contract awarded under sections 61 to 69, inclusive, shall be subject to such terms and conditions as the governmental unit shall determine to be...
• Massachusetts General Laws - Project approval certificates from department of environmental protection - Chapter 40, Section 67
  The department of environmental protection may issue project approval certificates with respect to capital project costs identified with a contract procured by a governmental unit...
• Massachusetts General Laws - Contracts made in violation of Secs. 61 to 69 void and unenforceable - Chapter 40, Section 68
  A contract made in violation of sections 61 to 69, inclusive, shall be void and the governmental unit shall make no payment under any such...
• Massachusetts General Laws - Public notice of request for proposal - Chapter 40, Section 69
  Public notice of the request for proposals shall be published in the central register pursuant to section 20A of chapter 9 at least 30 days...

Last modified: September 11, 2015