§ 1301. Establishment of villages
Upon a petition of a majority of the voters in town meeting residing in a village
containing 30 or more houses, the selectboard shall establish the bounds of such village
and cause a description thereof, by its name and bounds, to be recorded in the office
of the town clerk and posted in two or more public places in such village. The residents
in such village shall thereupon become a body politic and corporate with the powers
incident to a public corporation, be known by the name given in such description,
by that name may sue and be sued, and hold and convey real and personal estate for
the use of the corporation.
§ 1302. Alteration of boundaries
Such corporation may alter the boundaries of such village, with the consent of the
persons included in or excluded from the same by such alteration, and a record of
such alteration shall be made by the town clerk. The inhabitants included within
the limits of such village shall remain inhabitants of the town the same as though
a corporation had not been formed.
§ 1303. Voters
Persons residing within the limits of an incorporated village who are qualified voters
in town meeting shall be voters in village meeting.
§ 1304. First meeting; officers
(a) Within 60 days after record of its name and bounds has been made, the voters in such
village shall meet in the village. Notice of the day, hour, and place of the meeting,
signed by the town clerk, or, upon his or her default, by a selectperson, shall be
posted in four public places in the village and published once in each newspaper published
therein, at least ten days previous thereto. The meeting may be called to order by
the officer signing the notice.
(b) At such meeting, or at an adjournment thereof, the corporation shall elect a presiding
officer, a clerk, five trustees, a treasurer, and a collector of taxes and may elect
a tree warden and chief engineer who shall hold their offices until the first annual
meeting and until others are elected and qualified. Any qualified and eligible voter
of the town in which such village is situated may be elected as such tax collector,
chief engineer, clerk, treasurer, or presiding officer. (Amended 1961, No. 11, eff. March 3, 1961; 2003, No. 90 (Adj. Sess.), § 1.)
§ 1305. Meetings; warnings
After the first election, a meeting of such corporation shall be held in each year
at the time and place designated in its bylaws, to elect officers and for the transaction
of business specified in the warning of such meeting. Special meetings may be called
by the trustees. Warnings shall be signed by the clerk, shall specify the business
to be transacted as the trustees direct, shall be published in a newspaper of general
circulation in the village, and shall be posted in two public places in such village,
not more than 40 days nor less than 30 days before such meeting. Such warning shall
be recorded in the office of the clerk before it is posted. (Amended 1985, No. 196 (Adj. Sess.), § 20.)
§ 1306. Oaths and bonds of officers
The clerk, treasurer, and collector of such corporation shall be sworn. The treasurer
and collector shall have crime insurance coverage or give a bond to the corporation
in such sum and with such sureties as are prescribed and approved by the trustees,
conditioned for the faithful performance of their duties. (Amended 2021, No. 179 (Adj. Sess.), § 24, eff. July 1, 2022.)
§ 1307. Duties of clerk; fees
The clerk shall keep records of the proceedings of such corporation and give copies
of the same when required. He or she shall be paid therefor the same fees as a town
clerk.
§ 1308. Duties of trustees; vacancies
The trustees of a village incorporated under general or special law shall see that
its bylaws are executed, direct prosecutions for breaches thereof, and generally shall
take care of the affairs of such corporation and perform the duties legally enjoined
on them by such corporation. In case of the death, removal, absence, or incapacity
of the clerk, the trustees may designate one of their number to perform his or her
duties, and may fill a temporary vacancy in any office of such corporation, until
an election is had. A record of such appointment shall be made in the office of the
clerk of the village.
§ 1309. Taxes; assessment and collection
At a meeting legally warned for that purpose, corporations formed under this subchapter
may vote a tax upon the taxable estate therein or may vote a specific amount to be
appropriated for the lawful purposes of the corporation. If a corporation votes a
specific amount to be appropriated, the trustees shall, after the grand list book
has been computed and lodged, set the tax rate necessary to raise the specific amount
voted. The trustees shall make out and deliver to the collector a tax bill, with a
warrant for its collection, and the collector shall have the same powers to collect
such tax bill as a collector of town taxes. (Amended 2003, No. 90 (Adj. Sess.), § 2.)
§ 1310. Bylaws
An incorporated village may enact such bylaws and regulations as are expedient, not
inconsistent with law, particularly such as relate to streets, sidewalks, lanes, commons,
shade and ornamental trees and lights thereon, slaughterhouses and nuisances, police
protection, restraint of animals, erection and regulation of buildings and hay scales,
the preservation of buildings, with the right of directing alterations in stoves,
fireplaces, and causes from which danger from fire may be apprehended, fire engines
and other apparatus necessary for the extinguishment of fire, establishment and regulation
of fire companies, and to the manufacture and safekeeping of ashes, explosives, and
combustibles.
§ 1311. Forfeiture for breach of bylaws
An incorporated village may fix the amount of forfeitures for the breach of bylaws,
not exceeding $20.00 for any one offense, to be recovered by a civil action on this
statute. Such action shall be brought within 90 days from the time the offense is
committed, before a Criminal Division of the Superior Court. (Amended 1965, No. 194, § 10, operative Feb. 1, 1967; 1973, No. 249 (Adj. Sess.), § 79, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238; 2017, No. 74, § 73.)
§ 1312. Damages in laying out street; appeal
The trustees of an incorporated village may lay out a street, lane, or walk within
its limits, and may appraise the damages. An appeal may be taken by landowners as
provided when land is taken for highways.
§ 1313. Village may indemnify officers
An incorporated village, by vote, may indemnify a duly appointed public or peace officer
of the village against legal proceedings for injuries committed by him or her while
in the lawful discharge of his or her official duties. If an action is commenced
against such officer, upon vote of such village, the trustees may defend such action
at its expense.
§ 1314. Powers of officers
Where acts of incorporation or special laws applicable to villages give to any officers
of the village powers conferred upon the selectboards of towns by general law, such
village officers may exercise such powers within the limits of the village.
§ 1315. Appointment of manager
An incorporated village may avail itself of the provisions of chapter 37 of this title
so far as applicable, if a majority of the voters thereof present and voting at any
annual or special meeting so vote under a proper article in the warning therefor as
in such chapter provided. The trustees of a village adopting the provisions of such
chapter shall have the same powers in respect to the employment, direction, supervision,
and discharge of a manager and the fixing of his or her bond and salary as are therein
conferred upon a selectboard.
§ 1316. Annexation of adjacent territory to villages
The trustees of an incorporated village may petition in writing a judge of the Superior
Court of the county in which such village is situated, to have commissioners appointed
to determine the advisability of enlarging the limits of such village, by including
territory of the town in which such village is situated. Thereupon, such judge shall
appoint three disinterested freeholders, who shall act as such commissioners. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
§ 1317. Annexation; procedure
The commissioners shall give notice of the time and place of hearing, hear parties
interested, and decide whether such enlargement is advisable. When they decide in
favor of the annexation, they shall fix the bounds of the territory to be annexed.
If such village is divided into wards, they shall determine in what ward or wards
such annexed territory shall be placed, or, if necessary, create additional wards
out of the same. They shall cause their report, containing a statement of the bounds
fixed for such annexed territory and of the new and altered wards, if any, to be recorded
in the office of the town clerk. (Amended 2017, No. 74, § 74.)
§ 1318. Annexation; fix time for voting
At the time of making their decision, if they decide in favor of enlargement, the
commissioners shall appoint a time and place at which persons residing within the
bounds of the territory sought to be annexed, as fixed by the commissioners, shall
meet to vote upon the question of annexation. Such commissioners shall give public
notice of such meeting in such manner as they see fit. (Amended 2017, No. 74, § 75.)
§ 1319. Voting in territory proposed to be annexed
At such meeting, the residents of such territory who are voters in town meeting may
vote on the question of annexation. When a majority of such residents in number and
amount of grand list vote in favor of such annexation, such vote shall be recorded
in the office of the town clerk.
§ 1320. Village to vote on question of annexation
Upon the record of such favorable vote, the trustees of such village shall cause a
village meeting to be warned. At such meeting, the question of annexation shall be
submitted to the voters of such village. When a majority in number of the voters
at such meeting vote in favor of such annexation, such vote shall be recorded in the
office of the town clerk. From the date of such record, the territory sought to be
annexed shall become a part of such village.
§ 1321. Rights of voters in annexed territory
Persons residing in such annexed territory, who, at the time of such annexation, are
voters in village meeting, shall forthwith become legal voters of such village and
of the wards in which they reside, subject to the general provisions of its charter.
A new or altered ward of such village shall be entitled to the same officers and privileges
as other wards thereof.