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Subchapter 001 : Powers of the Town(Cite as: 24 App. V.S.A. ch. 147, § 1.06)
§ 1.6. Ordinances
(a) The Selectboard may provide penalties for the breach of any ordinance authorized by general law or this charter; may prosecute civilly or criminally any person violating the same through the Town, police officers, or any other public officer authorized by law so to do, 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 hearing.
(1) Every ordinance shall be introduced in writing. The enacting clause of all ordinances shall be “The Selectboard of the Town of Shelburne hereby ordains . . . .” If the Selectboard passes the proposed ordinance upon the first reading, they shall cause a short and concise one-paragraph description of the general topical nature of the proposed ordinance to be published in a newspaper of general circulation in the Town, at least once, together with a notice of the time and place where and when there shall be a public hearing to consider the same for final passage. Such publication shall include reference to a place within the Town where copies of the entire text of the proposed ordinance may be examined. The first of such publications shall be at least one week but not more than two weeks prior to the date of said 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, except that by vote of majority of the Selectboard, the ordinance may be read by title, and after such reading, all persons interested shall be given an opportunity to be heard.
(c) Further consideration; final passage. After such hearing, the Selectboard may finally pass such ordinance with or without amendment; except that if the Selectboard makes an amendment, it shall cause a short, concise one-paragraph description of the general topical nature of the amended ordinance 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 but not more than 10 days prior to the public hearing. Such publication shall include a reference to a place within the Town where copies of the entire text of the amended ordinance may be examined. 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, except that by vote of a majority of the Board the amended ordinance may be read by title. After such hearing, the Selectboard may finally pass such amended ordinance or again amend it subject to the same procedure as outlined herein.
(d) Effective date. Every ordinance shall become effective upon passage unless otherwise specified or, if the ordinance be conditioned upon approval of the voters of the Town, then upon a favorable vote of a majority of those voting thereon.
(e) Filing. The Town Clerk shall prepare and keep in the Town Clerk’s office a book of ordinances that shall contain each ordinance finally passed by the Selectboard together with a complete index of ordinances according to subject matter.
(f) All ordinances shall be subject to overrule by a special Town meeting as follows: if, within 30 days after final passage by the Selectboard of any such ordinance, a petition signed by electors of the Town not less in number than 10 percent of the number of votes cast in the last municipal election 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 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 electors not less in number than 10 percent of the number of votes cast in the last municipal election and constituting a majority of those voting thereon, shall have voted against the ordinance.
(g) Petition for enactment of ordinance; special meeting.
(1) Subject to the provisions of subsection (f) of this section, electors of the Town may at any time petition in the same manner as in subsection (f) of this section 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 50 days of the date of such filing, unless prior to such meeting such ordinance shall be enacted by the Selectboard. The warning for such meeting shall include a short, concise one-paragraph description of the general topical nature of the proposed ordinance and shall provide for an aye and nay vote as to its enactment. The warning shall also include reference to a place within the Town where copies of the entire text of the proposed ordinance may be examined. Such ordinance shall take effect on the 10th day after the conclusion of such meeting provided that electors as qualified in subsection (f) of this section, constituting a majority of those voting thereon, shall have voted in the affirmative.
(2) The provisions of this section shall not apply to any appointments of officers, members of commissions, or boards made by the Selectboard or to the appointment or designation of Selectboard members, or to rules governing the procedure of the Selectboard.
(h) Any ordinance adopted since the previous Town report and remaining in effect shall be published in full in the annual Town report, or, in the alternative, there shall be a brief summary of each such ordinance, setting forth the principal provisions thereof. (Amended 2011, No. M-7, § 2, eff. May 17, 2011.)