The Vermont Statutes Online
§ 283-1. Boundaries
All that part of the Town of Waterbury embraced within a survey made by H. F. Smith on the 22nd day of October A. D., 1902, and found recorded in volume 28, pages 525 and 526 of the land records of the Town of Waterbury, and to which reference is hereby made, shall hereafter be known as the Village of Waterbury, and the inhabitants thereby are hereby incorporated and made a body politic and corporate by the name of the Village of Waterbury.
§ 283-2. Elections of officers
At the first annual meeting and at each annual meeting thereafter said corporation shall elect from among the legal voters of such Village a President of the Village, Clerk, Treasurer, and Collector of Taxes. There shall also be elected at the first annual meeting two trustees, one of whom shall be elected for one year and one for two years and at each annual meeting thereafter one trustee shall be elected for the term of two years, to take the place of the trustee whose term then expires, three auditors, one of whom shall be elected for one year, one for two years, and one for three years, and at each annual meeting thereafter one auditor shall be elected for the term of three years to take the place of the auditor whose term then expires. There shall also be elected at such meeting a Board of three Water Commissioners, who shall have the care, custody, and management of the Village water works and carry into effect all of the bylaws of said Village which may be adopted with respect thereto, one of said commissioners being elected for one year, one for two years, and one for three years and at each annual meeting thereafter one commissioner shall be elected for the term of three years to take the place of the commissioner whose term then expires. The election of any of the above officers shall be by ballot if called for. All other officers of the Village of Waterbury shall be appointed and commissioned by the trustees, except that in connection with the Water Department such officers shall be appointed and commissioned by the water commissioners. The term of office of all elective officers shall commence as soon as they are elected and qualified, unless otherwise provided, and shall continue until their successors are duly elected and qualified. (Amended 2007, No. M-18 (Adj. Sess), § 2, eff. Jan. 1, 2000.)
§ 283-3. Annual meetings
The annual meetings of the Village shall be held on the first Wednesday after the first Tuesday in March at the Village Hall in the Village at seven o'clock in the afternoon or at such other time and place as the Village may appoint. Annual meetings shall be warned by the Clerk, or in case of his or her neglect, by a majority of the trustees, or, in case of the neglect of both Clerk and trustees, by a majority of the justices residing in the Village.
§ 283-4. Special meetings
Special meetings of the Village shall be warned by the Clerk, or in case of his or her refusal or neglect, by a majority of the trustees, on application in writing of 10 voters in the Village, except for the purpose set forth in section 6 of this charter.
§ 283-5. Warnings
Warnings for Village meetings, both annual and special, shall be posted in at least three public places in the Village at least 10 days before the time appointed for the meeting and shall be recorded in the office of the Clerk before being posted. Such warnings shall specify the time and place of holding said meeting and the business to be transacted.
§ 283-6. Recall
The legal voters at any duly warned meeting, which shall only be called upon written petition of 50 legal voters of the Village, and which shall specify particularly the business to be done, may, by a two-thirds vote of the legal voters present and voting, vacate and terminate the term of office of any officers chosen by the Village. In the warning for such special meeting, after the article providing for a vote on the particular business specified in such petition, there shall be an article providing for an election to fill the office so vacated by the voters, if they vote to vacate such office, and the person so chosen shall hold such office for the unexpired term.
§ 283-7. Vacancies
The trustees shall fill a vacancy occurring in a Village office and the person so appointed shall serve until the next annual meeting unless superseded. But the Village may at any time before the expiration of such term supersede such appointment by a new election, at a special meeting, for the remainder of the term of the office in which the vacancy occurred.
§ 283-8. Taxes
The Village may, at any annual or special meeting warned for the purpose lay a tax on the grand list of the Village for any of the purposes herein mentioned and the Board of Trustees shall make out a rate bill accordingly and deliver the same to the Collector of the Village unless the Village at any annual meeting shall vote to collect its taxes by its Treasurer instead of by a Collector as is provided by the general laws of the State in regard to the collection of town taxes, and an article shall be inserted in the warning in each year so that the voters may vote upon this question. The provisions of the general laws in regard to the assessment and collection of taxes shall be applicable to the assessment and collection of all taxes voted by the Village.
§ 283-9. [Transitional provisions]
§ 283-10. Powers of Village
The Village of Waterbury shall have and exercise the following powers and functions:
(1) To be a body corporate and by that name to sue and be sued and prosecute and defend in any court; to have a common seal and alter it at pleasure.
(2) To have and organize a government; to fix and provide for the compensation of its officers.
(3) To acquire and hold real or personal property for municipal uses and purposes by gift, purchase, or otherwise and to dispose of the same.
(4) To acquire, establish, and maintain parks and playgrounds.
(5) To acquire by gift or purchase or to erect and maintain any buildings or other improvements necessary for public use.
(6) To acquire, establish, and maintain a lighting system or systems for furnishing electricity or gas for any kinds of light for lighting the streets or other municipal uses and light, heat, and power for domestic uses and manufacturing purposes; to enlarge and extend the system from time to time as may be required; and to make contracts with individuals or corporations for supplying such light, heat, and power for such uses; to purchase electric current from any individuals or corporations for the purpose of lighting the streets and other municipal uses and for the purpose of selling the same for light, heat, and power for domestic uses or manufacturing purposes to such persons and corporations as it may desire.
(8) To regulate the making, alteration, and repair of stove pipes, furnaces, fireplaces, and other things from which damage by fire may be apprehended, and in general to provide for the preservation of buildings and property from fire by precautionary measures and inspection.
(9) To maintain, keep in repair, and embellish the present streets and highways within the limits of the Village, to establish grades thereof and to widen the existing streets and sidewalks of the Village.
(10) To build, construct, or repair sidewalks, curbs, and gutters of the Village.
(12) To provide a supply of water for protection of the Village against fire and for the use of the inhabitants of the Village, and for other purposes: to establish, increase, maintain, and repair reservoirs, aqueducts, water pipes, pipe lines, and other necessary apparatus for and in connection with such water supply; to preserve, protect, maintain, and operate the same; and in the exercise of such powers the Village may take and hold by purchase or otherwise, within or without its corporate limits, ponds, springs, streams, water sources, water rights, and lands of individuals, associations, or corporations, and divert water from natural channels into its water supply, on making compensation therefor. But the Village shall not take, otherwise than by gift, devise, or purchase, water or a spring of water which the owner, lessee, or other person having a vested right or interest therein, or in the use thereof, may reasonably require for domestic or agricultural purposes or for watering stock. In taking lands, springs, streams, ponds, water sources, and the water thereof or water rights and diverting water from natural channels into its water supply, for the purposes of establishing, increasing, maintaining, and repairing reservoirs, aqueducts, water pipes, pipe lines, and other necessary apparatus for and in connection with its water supply, and for the purpose of increasing and making additions to the same and for the preservation, protection, maintenance, and operation of the same or any other purposes specified herein, the trustees of the Village shall proceed in the manner specified in subdivision (18) of this subsection. The Village in its corporate capacity is hereby authorized to sell and deliver water from said water system to such of the inhabitants of the Towns of Waterbury, Moretown, and Duxbury as may desire it.
(13) To maintain and keep in repair its present system of sewers, to make extensions or renewals of the same and to construct new sewers as the public good may require.
(14) In making, altering, or repairing sidewalks, culverts, drains, and sewers, subject to the ordinances and bylaws of the Village, to assess the owners of buildings and lands benefited thereby so much of the expense as the Village trustees shall judge such buildings or lands to be benefited.
(15) To provide and regulate for the collection and disposition of garbage.
(16) To establish and maintain a police department and provide for the appointment of police officers who shall be sworn and who shall, within the limits of such Village, have the right to arrest without warrant, persons violating the criminal laws of the State.
(17) To borrow money to an amount not exceeding the limits presented by law, and to issue notes, bonds, or other evidence of indebtedness therefor, to pay its expenses and refund its indebtedness or to improve, purchase, or construct any buildings, works, plants, highways, sidewalks, sewers, water systems, or other public utilities or properties acquired, established, constructed, maintained, or exercised in the proper discharge of its functions herein provided.
(18) To take, wherever necessary to the exercise of the powers herein granted, and when the public good and necessity require, the land, premises, rights-of-way or access, or gravel or stone therein, of any person, persons, association, or corporation upon paying proper compensation therefor in the manner now provided by law. When, in the judgment of the trustees, it shall be necessary to take such lands or any right therein belonging to any person, persons, association, or corporation for such purposes, said trustees shall fix a time and place for a hearing upon the question of public necessity and damages, and shall give twelve days' notice in writing to all parties interested in such lands or rights therein, of the time and place of such hearing. Any person owning such lands or rights therein, who is dissatisfied with the decision of the trustees upon the question of public necessity and convenience of such taking, or upon the damages awarded therefor, may have the same right of appeal to the county court and the same proceedings in respect thereto, which shall be conducted in the same manner and have the same effect as in the case of lands taken by the selectmen in any town in this State for the purpose of laying out, altering, or resurveying a highway in said town; but if such proceedings are instituted only in respect to the appraisal of damages for such lands or rights therein so taken by the trustees, such proceedings shall not prevent such Village from immediately taking and using such lands or rights therein as if no such proceedings had been instituted.
(19) To regulate, license, tax, and prohibit the exhibition of common showmen, circuses, menageries, moving picture shows, and shows of every kind not prohibited by law, and all public plays, exhibitions, entertainments, or dance halls.
(20) To regulate the erection of buildings and to regulate the use of buildings in crowded localities for hazardous purposes.
(21) To regulate the manufacture and keeping of gunpowder and all other combustibles of dangerous nature.
(22) To regulate the speed of cars operated by electricity and regulate the riding or driving of horses, teams, or bicycles and the operation and use of automobiles or other vehicles and to regulate porters, truckmen, and car men; to restrain or regulate coasting, ball playing, or other sports in or upon the streets, sidewalks, parks, or commons.
(23) To restrain the running at large of domestic animals and fowls and regulate the manner of their keeping.
(24) To compel all persons to remove from the sidewalks and gutters in front of the premises owned or occupied by them all dirt and garbage and keep such sidewalks and gutters clean. To compel the owner or keeper of any unwholesome or offensive place to remove or cleanse the same from time to time as may be necessary for the health and comfort of the inhabitants of the Village.
(25) To license innkeepers and victualers, keepers of billiard and pool rooms, and other saloons; peddlers, itinerant vendors, and auctioneers and to establish for the purpose of regulation or revenue a system of licenses and to fix the fees therefor.
(26) To regulate or restrain the use of rockets, firecrackers, squibs, toy pistols, or other fireworks.
(27) To establish and regulate a public market.
(28) To abate nuisances.
(29) To establish and maintain a wood, coal, and fuel yard, for the purpose of selling at cost, fuel to the inhabitants of the Village and to establish and maintain an ice-plant for the purpose of manufacturing, cutting, and storing ice to sell to its inhabitants at cost.
(30) To erect and regulate hay scales.
(31) To prevent cruelty to animals within the Village.
(32) To license taxis and jitneys and to establish for the purpose of regulation or revenue a system of licenses for the same and fix the fees therefor. (Amended 2007, No. M-18 (Adj. Sess.), § 3, eff. Jan. 1, 2009.)
§ 283-11. Ordinances; bylaws
The trustees may make, alter, amend, or repeal any ordinance, bylaw, or regulation which they deem necessary and proper for carrying into execution the foregoing powers or for the welfare of such Village in a manner which is consistent with the general laws of this State.
§ 283-12. Recording required
Such bylaws, rules, regulations and ordinances of the Village shall be recorded in the office of the Clerk of the Village, and the Clerk's certificate that such bylaws, rules, regulations, or ordinances have been passed or adopted shall be received as prima facie evidence of such fact in any court in this State.
§ 283-13. Violation of ordinances; civil penalties
The Village may impose a fine not exceeding $100.00 for the breach of any bylaw, rule, regulation, or ordinance and such fine shall be for the benefit of the Village. The court shall tax the costs of prosecution in addition to the fine in case of a conviction and when it is necessary to abate a nuisance the expense of abatement may be imposed upon the delinquent in addition to such fine and costs. Such fine may be recovered in an action of tort founded on this statute, in which action it shall be sufficient to declare generally that the defendant is guilty of the violation of a certain bylaw, rule, regulation, or ordinance, naming the same generally, and under such declaration the special matter may be given in evidence. Writs in this action may issue against the body of the defendant and the court before whom any such action is tried may certify on the execution issued on the judgment rendered in such action that the cause of the action arose from the willful and malicious act or neglect of the defendant and that the defendant ought to be confined in close jail. If the defendant be convicted of the violation of any bylaw, rule, regulation, or ordinance of the Village he or she may be imprisoned in the county jail in the County of Washington not exceeding ninety days in addition or as an alternative to such fine and costs, in the discretion of the court. If any person, while residing without this State and while owning real or personal property within said Village, shall, by means of such real or personal estate, violate any of the ordinances which the Village is authorized to make, the Village may sue for and recover the penalty for violation of the ordinance in an action founded on this statute, and shall proceed in the same manner as by law is now provided in civil actions, against persons residing without the State. Prosecutions for offenses under this charter shall be brought within six months after the commission of the offense and not later, unless the respondent remains without the State and beyond the reach of process.
§ 283-14. Willful violation of water ordinances; criminal penalties
If a person shall willfully, wantonly, or maliciously divert the water, or part thereof of any of the ponds, springs, streams, aqueducts, water courses, dams, or reservoirs, that are now owned, or that may hereafter be acquired, taken, used, or constructed by the Village, or shall corrupt the same, make it impure, or commit any nuisance there or within the limits that may be taken or prescribed by such Village pursuant to the provisions of this charter, or inure or destroy any dam, embankment, aqueduct, pipe, hydrant, or other property held, owned, or used by said Village, or fraudulently or unlawfully take the water from any pipes, mains, laterals, or hydrants of the Village system of water works, such persons shall be liable criminally for the violation of this ordinance, under the penalty herein provided for violations of a Village ordinance, and shall also be liable for three times the damages so done by him or her to the Village or any person, to be recovered in an action of tort founded on this charter to be maintained by the Village or the person so injured.
§ 283-15. Violation of ordinance; jurisdiction
Justices of the peace residing within said Village, and any municipal or district court now or hereafter established with jurisdiction over said Village, shall have concurrent jurisdiction of all prosecutions for violations of the bylaws, rules, or ordinances of the Village, subject to the right of appeal and review of any appellate court, as provided by general law and any member of said corporation shall not by reason of such membership be disqualified to act as judge, juror, sheriff, constable, or justice in any cause or proceeding in which such corporation is interested.
§ 283-16. Assessments
The trustees of the Village in making assessments, which shall only be after a vote thereon by the Village, against the owners of buildings or lands benefited thereby for the making, altering, or repairing of sidewalks, culverts, sewers, and drains, or for the oiling or sprinkling of streets shall give at least 12 days' notice to the parties interested in owning an interest in such buildings or lands when and where they will consider the question of damages or assessments or both and such notice may be by publication in a newspaper published in the Village, which publication shall be at least 12 days before the hearing. Upon such hearing the trustees shall assess the owners of the buildings and lands benefited so much of the expenses as said trustees shall judge such buildings or lands to be benefited and shall forthwith make a report of their doings which they shall cause to be filed in the office of the Village Clerk and entered on the Village records. Any person dissatisfied with the decision of the trustees may petition the Washington County Court for a reassessment of such damages or benefits. Said petition shall be served on the Clerk of the Village within 30 days after the award of damages or assessments has been filed in said Clerk's office and at least 12 days before the session of the Court to which it is addressed, but such petition shall not delay the making or repairing of any sewer, drain, culvert or sidewalk. When such petition is filed in the County Court the same proceeding shall be had thereon as is provided by law in case of appeals from the award for damages in regard to the laying out of a highway. If no proceedings are commenced within 30 days as above provided such award or assessment shall be valid and collectable. When such award or assessment is finally determined by decision of the County Court, in case of an appeal, or by the trustees, and duly recorded in the Village Clerk's office the same shall be a lien upon the buildings or lands so assessed and if not paid to the Village Treasurer within six months from the date when the same is recorded, the trustees shall make out a rate bill therein giving a description of the buildings and lands so assessed which rate bill shall be delivered to the Village Collector with a warrant thereto attached, signed by a justice of the peace in and for the County of Washington and shall then be collected by said Collector and enforced in the manner prescribed by law for the collection of taxes.
§ 283-17. Construction
Unless manifestly repugnant to the provisions of this charter, the provisions of the general laws, relating to the powers and duties of the trustees or bailiffs of incorporated villages shall apply to the trustees provided for by this charter, and they shall be the general agents of said Village with all the powers necessary to enforce the provisions of this charter.
§ 283-18. Board of Water and Sewer Commissioners
(a) There is created a Board of Water and Sewer Commissioners consisting of three members, each of whom shall be a resident of the Village. The Board shall have the authority to supervise, manage, and operate the Village of Waterbury public water supply system and the public sewage system.
(b) The Board of Water and Sewer Commissioners shall serve for a term of three years. Commissioners shall be elected at the annual meeting of the Village. The initial Board of Water and Sewer Commissioners shall be the current members of the Village Board of Water Commissioners, who shall serve for the unexpired portion of their term.
(c) The Board of Water and Sewer Commissioners shall have the authority to establish and impose rates and charges, to adopt rules relating to the operation and protection of the water and sewer system, and to allocate water and sewage treatment capacity.
(d) The Board of Water and Sewer Commissioners shall not provide extraterritorial water or sewer services except as provided in this charter, nor shall the Board authorize any capital improvement indebtedness without the approval of the legislative body of the Village and approval of the Village of Waterbury when required by law. (Amended 2003, No. M-8, eff. May 21, 2003.)
§ 283-19. Board of Trustees; Village President
The President of the Village shall be ex-officio a member of Board of Trustees and President thereof, he or she shall preside at all Village meetings when present and in his or her absence the senior member of the Board of Trustees present shall preside. The presiding officer in a Village meeting shall have the same powers and duties as moderators in town meetings.
§ 283-20. Officers; duties
The Clerk, Treasurer, and Collector of Taxes shall perform the duties usually devolving upon such officers and the Collector of Taxes and Treasurer shall furnish bonds to the Village for the faithful performance of their duties in such sums and with such sureties as the trustees may prescribe.
§ 283-21. Auditors
The auditors shall, previous to each annual meeting, examine and adjust the accounts of the Village officers and report the accounts so adjusted with the items thereof and also the state of the Village treasury to the Village at its annual meeting. They shall cause their report to be printed at the expense of the Village and circulated among the taxpayers thereof at least 10 days before such meeting. They shall not allow a claim or account for the personal service of a Village officer except when compensation for such service is fixed by law or by vote of the Village. They shall include in their report a statement of the amount of such claims presented and for which compensation was claimed.
§§ 283-22, 23. Repealed. 2007, No. M-18 (Adj. Sess.), § 4, effective January 1, 2009.
§ 283-24. Health Officer
The Health Officer appointed by the State Board of Health for the Town of Waterbury, the selectmen of the Town of Waterbury, and the trustees of the Village shall constitute the Board of Health for such Village with all the powers provided under the general laws.
§ 283-25. Sewer Commissioner
The Board of Trustees shall not later than 10 days after the annual Village meeting appoint a Sewer Commissioner who shall have general charge of the sewers in the Village and hold office until his or her successor is appointed by the trustees unless otherwise removed by them, which they may do at any time, and if so removed a successor shall be immediately appointed. No Sewer Commissioner shall be appointed in case the Village shall have a Village Manager as is hereinafter provided.
§ 283-26. Street Commissioner
The trustees may appoint and remove at any time, in their discretion by a vote of a majority of said Board of Trustees, a Street Commissioner, who shall hold his or her office one year or until removed by the trustees, and whose compensation shall be fixed by said trustees. Such Street Commissioner shall superintend the construction and repairs of streets, walks, culverts, drains, and street lamps, subject to the authority and direction of the trustees.
§ 283-27. [Repealed.]
§ 283-28. Abatement of taxes
The trustees of the Village, Village Clerk, justices of the peace residing in the Village, and the Board of Listers of the Town of Waterbury shall constitute a Board for the Abatement of Village Taxes and shall be governed by the general laws in respect to the abatement of taxes.
§ 283-29. Building inspectors
All the provisions of the general laws relating to building inspectors shall apply to the Village in case the Village at any time shall vote to accept such provisions; provided, however, that appeals from the order of a building inspector shall be to the Court of Chancery for the County of Washington, which Court shall have all the powers granted to city courts and the chancellor under such law.
§ 283-30. Village Manager
The Village shall have the right, as is provided under the general laws in regard to towns, to employ a Village Manager, in case the Village should so vote at any annual meeting or at a special Village meeting called for that purpose and said Village may employ a Manager jointly with the Town of Waterbury in case the Town and Village should both so vote. Said Manager shall be the administrative head of the Village under the direction and supervision of the trustees and shall have general supervision and control of all the affairs of the Village and Village property. He or she shall be appointed by the trustees and hold office at their pleasure. He or she shall perform such other duties as the trustees may determine from time to time including the duties of such officers and employees of the Village as the trustees may designate. In having charge of the Village water system said Manager shall be under the direction and control of the water commissioners. He or she shall receive such salary as may be fixed by the trustees and he or she need not be a voter in or resident of the Village.
§ 283-31. Alteration of Village boundaries
The Village may by vote in Village meeting extend or alter its bounds within the Town of Waterbury with the written consent of each person whose residence or lands will be included or excluded by such alteration; provided notice of such proposed alteration has been given in the warning for such meeting. A record of such alteration and of the consent thereto shall be made in the Town Clerk's office of the Town of Waterbury, and the alteration shall not take effect until such record has been made.