§ 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.)