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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 3

Citation
Section 3
Parent Document
Amherst General Bylaws (rental-housing provisions: Art. 3.50 Residential Rental, 3.26 Nuisance House, 3.48 Stretch Energy, 3.3 Human Rights)
Jurisdiction
Amherst (municipal)

Other Sections in This Document (1273)

Full Text

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                                             General Bylaws
                                       Effective December 8, 2025
B. The Town Council, acting as the Water Commission in accordance with Section 2.14 of
   the Charter, and pursuant to M.G.L. c. 40, § 39G; M.G.L. c. 41, § 69B; M.G.L. c. 111, §§
   160, 173A-173B; and 310 CMR 22.00 is authorized to promulgate and amend regulations
   and set penalties for violations of such regulations to ensure that the Town of Amherst
   public water system and all connections to it have the required technical, managerial, and
   financial resources for complying with Massachusetts Drinking Water Regulations, 310
   CMR 22.00 et seq., and all applicable federal and state laws, regulations, and permit
   requirements relative to the water system. Nothing in this bylaw is intended to or shall
   replace any statutory or regulatory permitting, testing, or operating requirements
   applicable to public drinking water.
C. From time to time, the Town Manager, following consultation with the Department of
   Public Works Superintendent, may also propose to the Town Council adoption or
   amendment of regulations.
D. Adoption or amendments of regulations hereunder shall occur only after the Town
   Council or their designee take specific public comment for which notice is posted on the
   Town Bulletin Board for no fewer than 14 days stating the time, date, place, and subject
   matter of the public comment; provided, however, that nothing herein shall prevent the
   Town Manager, at the Town Manager’s sole discretion, from providing additional notice
   to business owners and residents.
E. Once adopted, notifications of such regulations and any amendments thereto shall be
   published once in a newspaper published in the Town, if there be any, and if not, then in
   a newspaper published in the county, and shall include a notice that said rules and
   regulations shall be available for inspection by the public on the Town’s website and at
   the office of the Town Clerk.
F. This bylaw and any regulations enacted pursuant thereto may be enforced in accordance
   with Article 2.2 of the Town’s General Bylaws; M.G.L. c. 40, § 39G; M.G.L. c. 41, §
   69B; M.G.L. c. 111, §§ 160, 173A-173B; and 310 CMR 22.00, or any other applicable
   law. For purposes of non-criminal disposition, this bylaw and any regulations enacted
   pursuant thereto shall be enforced by any officer or employee of the Department of
   Public Works designated by the Superintendent of Public Works and/or any police officer
   for the Town of Amherst. For purposes of criminal and non-criminal disposition
   enforcement, each day or portion thereof shall constitute a separate offense. If more than
   one, each condition violated shall constitute a separate offense.
G. The Department of Public Works Superintendent or their designee may modify, suspend,
   or revoke any water connection authorization for any violation of this bylaw, the
   regulations enacted pursuant thereto, or any other applicable state or federal law.
H. The Town may enforce this bylaw and the regulations enacted pursuant thereto or enjoin
   violations thereof through any lawful process, and the election of one remedy shall not
   preclude enforcement through any other lawful means.