The Vermont Statutes Online

Title 24 Appendix : Municipal Charters

Chapter 153 : Town of Stowe

Subchapter 002 : GENERAL POWERS OF THE TOWN

• § 204. Ordinances

  (a) Method of adoption and enforcement.

  (1) Ordinance-making authority granted to the Town by this charter and general law shall be exercised pursuant to the provisions of subsections (b) through (e) of this section.

  (2) The Selectboard may provide penalties for the breach of any ordinance authorized by general law or this charter; may prosecute any person violating the same through the Town grand jurors or police officers who for such purposes shall be informing officers; and may maintain actions to restrain actual or threatened violations of the same. The establishment of any fine or penalty shall be by ordinance.

  (b) Introduction; first and second readings; public hearings.

  (1) Every ordinance shall be introduced in writing. If the Selectboard adopts the proposed ordinance, the Selectboard shall cause the ordinance or a concise summary of it meeting the requirements of 24 V.S.A. § 1972(a) to be published in a newspaper of general circulation in the Town in the form adopted, at least once, together with a notice of the time and place when and where there will be a public hearing to consider the same for final passage. The first such publication shall be at least one week prior to the date of the public hearing.

  (2) At the time and place so advertised, or at any time and place to which such hearing may from time to time be adjourned, such ordinance shall be read in full, and after such reading, all persons interested shall be given an opportunity to be heard.

  (3) After such hearing, the Selectboard may finally adopt such ordinance with or without amendment, except that, if the Selectboard makes an amendment, it shall cause the amended ordinance or a concise summary of it meeting the requirements of 24 V.S.A. § 1972(a) to be published at least once together with a notice of the time and place of a public hearing at which such amended ordinance will be further considered, which publication shall be at least three days prior to the public hearing. At the time so advertised or at any time and place to which such meeting may be adjourned, the amended ordinance shall be read in full, and after such hearing, the Selectboard may finally adopt such amended ordinance, or again amend it subject to the same procedure as outlined herein.

  (c) Effective Date. Every ordinance shall become effective upon passage unless otherwise specified.

  (d) Rescission. All ordinances shall be subject to rescission by a special Town meeting, as follows: If, after final passage by the Selectboard of any such ordinance, a petition signed by voters of the Town not less in number than five percent of the legal voters of the Town is filed with the Town Clerk requesting its reference to a special Town meeting, the Selectboard shall fix the time and place of such meeting, which shall be within 60 days after the filing of the petition, and notice thereof shall be given in the manner provided by law in the calling of a special Town meeting. An ordinance so referred shall remain in effect upon the conclusion of such meeting unless a majority of those present vote against the ordinance at the special meeting.

  (e) Petition for enactment.

  (1) Subject to the provisions of subsection (d) of this section, voters of the Town may at any time petition in the same manner as in subsection (d) for the enactment of any proposed lawful ordinance by filing such petition, including the text of such ordinance, with the Town Clerk. The Selectboard shall call a special Town meeting to be held within 60 days of the date of such filing, unless prior to such meeting such ordinance shall be enacted by the Selectboard. The ordinance shall take effect immediately after the conclusion of such meeting provided that voters constituting a majority of those voting thereon, shall have voted in the affirmative.

  (2) The proposed ordinance shall be examined by the Town Attorney before being submitted to the special Town meeting. The Town Attorney is authorized, subject to the approval of the Selectboard, to correct such ordinances so as to avoid repetitions, illegalities, and unconstitutional provisions and to ensure accuracy in its text and references and clearness and precision in its phraseology, but he or she shall not materially change its meaning and effect.

  (f) Filing. The Town Clerk shall prepare and keep in the Town Clerk’s office a book of ordinances, which shall contain each ordinance finally passed by the Selectboard together with a complete index of the ordinances according to subject matter.

  (g) Existing ordinances. All existing ordinances shall remain in effect. (Amended 2001, No. M-7, § 2, eff. May 21, 2001; 2013, No. M-4, § 2, eff. May 8, 2013.)