1. UNLAWFUL ENTRY

1. No person shall enter upon the premises of another for the purpose of committing any wanton or malicious act, nor for the purpose or with the intention of invading the privacy of another by peeping into the windows of a house or spying upon any person or persons resident therein, and no person being on the premises of another, shall peep into the windows of a dwelling house thereon nor spy upon any person or persons resident therein.
2. Anyone found guilty of violating this section shall be punished by a fine of One Hundred Dollars ($100.00) for each and every offense.

2. DEFACING OF PROPERTY

1. No one shall affix any bill, placard, device or notice to; nor write any figures, or words upon; any building, fence, utility pole or wall in the town; without the permission of the owner or occupant if there is a notice posted forbidding the same.
2. No one shall make any indecent drawing or writings upon any fence, tree, building or structure in any public place.
3. No person shall be allowed to throw posters, handbills, flyers, advertising sheets, waste or rubbish in the public street or ways.
4. Anyone found guilty of violating this section shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Fifty Dollars ($50.00) for each and every offense.

3. ILLEGAL DUMPING

1. No person shall deposit, dump or store; garbage, trash, hazardous or non-hazardous waste, toxic or non-toxic chemicals, unregistered motor vehicles, parts of motor vehicles, tires, building materials of any type, household or industrial furnishings, or appliances in or upon any public or private way or in or upon any town-owned property.
2. Violation of this section is punishable by a fine of $250.00 for each offense.
3. This section shall be enforced on behalf of the Town by it’s Police Department which shall have the right to issue a citation to any and all persons in violation
4. Notice of this section shall be posted at each major roadway entering Town.

4. COASTING OR SLEDDING

1. No person shall coast or slide on any sled or other vehicle in or upon any public street or way in the Town.
2. The Selectmen at their discretion, may, by public notice, designate any streets or ways where coasting may be permitted for a period to be designated in such notice.
3. Violation of this section is punishable by a fine of not less than Five Dollars ($5.00) nor more than Twenty-Five Dollars ($25.00) for each offense.

5. PAYMENT OF PENALTIES

1. All penalties of forfeiture recovered for breach of any of these sections shall be paid into the Town Treasury for the use of the Town.

6. DUTIES

1. It shall be the duty of the Selectmen, Constables and Police Officers to prosecute every

violation of all by-laws.

2. Any Town constable or police officer may make arrests and serve warrants and other processes necessary for the enforcement of the by-laws.
3. The costs and fees shall be the same as allowed in criminal prosecutions before the court or a magistrate.
4. Every violation of any of this article, except when the penalty is specifically stated, shall be punished by a fine of not less than Twenty-Five Dollars ($25.00) nor more than One Hundred Dollars ($100.00).

7. DISCHARGE OF A WEAPON OR EXPLOSIVE

1. No person shall fire or discharge a firearm, rifle, shotgun, or explosives of any kind within the limits of any highway, road, park or other public property, except with the permission of the Board of Selectmen, or on any private property except with the consent of the owner or legal occupant thereof.
2. This section shall not apply to the following:

1. To the lawful defense of life and property or
2. To the law enforcement officer acting in the discharge of his duties, or
3. The discharge of firearms, rifles, shotguns or cannons (with blank ammunition) in fulfilling the needs of historical, ceremonial, competitive and sporting activities; starting guns for various road races held throughout the Town and for special events ( e.g. Yankee Doodle Homecoming Weekend).

1. Sporting organizations and/or sporting clubs involved in firearms use will be required annually, during the month of January, to notify the Chief of Police and the Board of Selectmen in writing of their intent to continue their operation as a sporting organization/club for the ensuing year. Said notice shall include a list of the organization/club officers and the location where firearm use is normally held.
1. Notice of this by-law shall be posted at each major roadway entering the Town.
2. Any person violating this by-law shall be punished by a fine of not more than Two Hundred and Fifty Dollars ($250.00) for each offense.

8. ALCOHOLIC BEVERAGES: Possession and Consumption

1. The following definitions shall apply in the interpretation and enforcement of this section:

1. No person shall consume any alcoholic beverages on any public way or on any way to which the public has a right of access.
1. No person shall bring any alcoholic beverages on any public property or onto any private property or possess or consume any alcoholic beverages in or upon any public property or private property without the permission of the owner or person lawfully in charge or control of such public or private property.
2. All alcoholic beverages possessed or consumed in violation of this by-law shall be seized and held until final adjudication of the charge against the person or persons arrested or summoned before the court. After final adjudication, all alcoholic beverages seized shall be returned to the persons entitled to the lawful possession of them.
3. Violations of this section are punishable by a fine of One Hundred ($100.00) dollars for each offense.
4. This section shall be enforced on behalf of the Town by its Police Department which shall have the right to arrest any and all persons in violation of said section.

9 MOTOR BOATS

1. The operation of any boat or water craft of any nature powered or propelled by an internal combustion engine of any nature is prohibited on Nuttings Lake, except by emergency personnel when responding to a valid emergency situation.
2. All water craft operating on Nuttings Lake shall be operated so as to remain a safe and reasonable distance from any areas used for swimming which are marked by suitable buoys designating the swimming area.
3. The unauthorized alteration, removal or displacement of any sign, marker, or other device used to indicate a swimming area, boating hazard or otherwise give notice of this by-law is prohibited.
4. Every violation of this section shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred and Fifty Dollars ($250.00).

10. SOLICITATION OR CANVASSING

1. License Required

1. It shall be unlawful for any solicitor or canvasser as defined in this section to engage in such business within the Town without first obtaining a license therefor in compliance with the provisions of this section. The provisions of this section shall not apply to any person exempted under Chapter 101 of the General Laws, or any other person exempted by any other General Law, nor shall this section be construed to prevent route salesmen or other persons having established customers to whom they make periodic deliveries, from calling upon such customers or from making calls upon prospective customers to solicit an order for future periodic route deliveries.

1. Definition

1. Solicitor or Canvasser: Any person who, for himself, or for any other person, firm or corporation travels by foot, automobile or any other type of conveyance from place to place, from house to house or from street to street, taking or attempting to lease or take orders, for the sale of goods, wares, merchandise, or services, including without limitation, the selling, distributing, exposing for sale or soliciting of orders, for magazines, books, periodicals or other articles of a commercial nature, the contracting of all home improvements or services to be performed in the future whether or not such individual has, carries or exposes for sale a sample of the subject of such sale or whether he is collecting advance payment on such sale.
2. For the purpose of this section solicitor and canvasser shall mean the same person.

1. Application

1. Applicants for a license shall file with the Chief of Police, on a form issued by the Police Department, a written application signed under the penalties of perjury, containing, but not limited to, the following information:

1. Name of applicant
2. Address of applicant (local and permanent home address)
3. Applicant’s height, weight, eye and hair color
4. Applicant’s social security number
5. The length of time for which the right to do business is desired
6. A brief description or the nature of the business and the goods to be sold
7. The name and address of the applicant’s employer; if self-employed, it shall so state
8. A recent photograph of the applicant. The picture shall be supplied by the applicant and be 2" x 2" showing the head and shoulders of the applicant in a clear and distinguishing manner.
9. If using a motor vehicle: the year, make, model, color, v.i.n., registration number, state of registration and vehicle owner’s name and address.

1. Application Fee

At the time of filing the application, each applicant shall pay a fee of Twenty Five Dollar

($25.00).

1. Investigation and Issuance of License

1. Upon receipt of the application, the Chief of Police or his designee, shall investigate the applicants’ reputation as to criminal record or any other record which might demonstrate the applicant as a danger to the public.
2. After an investigation, but within seven (7) business days of the filing of the application, the Chief of Police shall endorse on such application his approval or disapproval, and in the case of disapproval, set forth his reasons therefor.
3. Failure of the Chief of Police to act on said application within seven (7) business days of the applicant’s filing shall constitute an approval.
4. If disapproved, the applicant shall have the right of appeal to the Board of Selectmen which shall be requested in writing within seven (7) days of the denial by the Chief of Police.
5. The Board of Selectmen must act upon the appeal at one of their next two regularly scheduled meetings. Failure to so act shall constitute an approval.
6. Such license when issued shall contain the signature of the Chief of Police or the Board of Selectmen and shall show the name, address, a recent photograph of the licensee, the date of issuance, an expiration date, and the license number.
7. The Police Department shall keep a record of all licenses issued for a period of six (6) years. Solicitors when engaged in the business of soliciting or canvassing are required to display the identifying badge issued by the Police Department. The badge shall be worn on an outer garment or otherwise prominently displayed so as to be easily readable by any person facing said solicitor.

1. Licenses

1. Each solicitor is required to possess an individual license.
2. No license shall be required for officers or employees of the Town, County, State or Federal Governments when on official business.
3. No license shall be required for minors under the age of eighteen unless in connection with commercial activity.
4. No license shall be transferred.

1. Revocation of License

1. The Chief of Police is hereby vested with jurisdiction over the revocation of licenses.
2. Any person aggrieved by such revocation may appeal to the Board of Selectmen, in writing, within seven (7) business days, and a hearing will be scheduled for one of their next two regularly scheduled meetings.

1. Expiration of License

1. Each license issued under the provisions of this section shall continue in force from the date of issuance until the thirty-first of December following, unless sooner revoked.

1. Renewal of License

1. A license issued under the provisions of this section may be renewed by the Chief of Police.
2. An applicant requesting a renewal of a license must apply in person for such license renewal, and provide such information as required to obtain the initial license.

1. Misrepresentation

1. No solicitor, licensed or exempted from license, may misrepresent, in any manner, the buyer’s right to cancel as stipulated by Chapters 93, 93A and 255 of the General Laws.
2. No solicitor, licensed or exempted from license, may use any play, scheme or ruse which misrepresents the true status or mission of the person making the call in order to gain admission to a prospective buyer’s home, office or other establishment for the purpose of making a sale of goods or services.

1. Trespassing

1. It shall be unlawful for any solicitor to enter the premises of a person who has displayed a "no trespassing" or "no soliciting" sign or poster.
2. It shall be unlawful for solicitors to ignore a person’s no solicitation directive or remain on private property after it’s owner or occupant has indicated that the solicitor is not welcome.

1. Solicitation/Canvassing Times

1. There shall be no soliciting or canvassing between the hours of 6:00 P.M. and 9:00 A.M.

1. Penalty

1. Any person violating any provision of this section shall be subject to arrest, and upon conviction, be punished by a fine of not less than fifty Dollars ($50.00) nor more than One Hundred Dollars ($100.00) for each and every offense.

11. LOITERING

1. No person shall stand or loiter in or on any street, sidewalk or public place in such a manner as to obstruct the free passage of travelers thereon.
2. No person shall on such street, sidewalk or public place, after being directed by a police officer to move on and disperse; on the same or subsequent day, reassemble to loiter or remain so as to obstruct the free passage of travelers or motor vehicles.
3. Nothing in this section shall be construed to deny the rights of peaceful picketing.

1 PASTURING

1. Whoever shall pasture any cattle, horses or other animals, either with or without a keeper, upon any street or way in the Town, shall forfeit a sum not less than two nor exceeding ten dollars for each violation thereof; provided that nothing herein contained shall affect the right of a person to the use of the land within the limits of a street or way adjoining his own premises.

2 ABSOLUTE LEASH LAW

1. Definition of Terms:

1. Animal Shelter: Any premises designated by town administrative authority for the purpose of impounding and caring for animals held under authority of this By-Law.
2. Canine Control Officer: Any person or persons appointed by the Town Administrator with the approval of the Board of Selectmen, as the dog officer or officers under the provisions of Chapter 140, Sections 151 and 151A of the General Laws to carry out the provisions of this By-Law. In the absence or vacancy in the office or unavailability of the canine control officer, the Town’s Inspector of Animals or his deputy shall perform the duties of the canine control officer (s).
3. Dog: All animals of canine species, both male and female.
4. Owner and/or Keeper: Any person or persons, firm, association or corporation owning , keeping or harboring a dog as defined herein.
5. Restraint: A dog shall be deemed to be under restraint if accompanied by a competent and responsible person who shall have the dog under control by holding it firmly on a leash no greater than six (6) feet in length.

Amended: AFTM 10/4/83, Art. 32; Eff. 12/30/83

1. Veterinary Hospital: An establishment maintained and operated by a licensed

1. Restraint of Dogs

1. Restrained Dogs

1. Reclaiming Impounded Dogs

1. Female Dogs

1. Nuisances

2.7 Quarantining of Dog That Bites

1. Animals Suspected of Being Rabid

1. Any canine control officer shall have police powers in the enforcement of this bylaw and no

1. Vaccination

1. License Fees

fees shall be Eleven Dollars ($11.00) for male or female dogs and Seven Dollars($7.00) for

spayed female or neutered male dogs.

1. Penalty

1. If Parts of By-Law Invalid

3 DANGEROUS DOGS

1. Indication of a Dangerous Dog

1. Any dog, which, according to the records of appropriate authority has inflicted severe injury of a human being without provocation on public or private property; or
2. Any dog, which, according to the records of appropriate authority, has killed a domestic animal without provocation while off the owner’s property; or
3. Any dog, owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting; or
4. Any dog, not owned by a governmental or law enforcement unit used primarily to guard public or private property;
5. If a dog is deemed dangerous by the above indications, the Selectmen must hold a public hearing to determine if the dog shall be removed from Billerica or destroyed. The hearing shall be held within thirty (30) days of the complaint.
6. Regulations shall stipulate that if the owner or keeper of a dangerous dog is minor, the parent or guardian of that minor shall be responsible for compliance with the specifications of the ordinance for the care and housing of the animal and shall also be liable for all injuries and property damage sustained by any person or domestic animal caused by an unprovoked attack by the dog.

1. Insurance Requirements or Bond for Dangerous Dog as Outlined:

1. The owner or keeper of a dangerous dog shall present to the Town Clerk’s Office proof that the owner or keeper has procured liability insurance in the amount of at least One Hundred Thousand Dollars ($100,000.00) covering the twelve (12) month period during which licensing is sought. This policy shall be a provision requiring the Town of Billerica to be named as an additional insured for the sole purpose of the Town of Billerica to be notified by the insurance company of any cancellation, termination or expiration of the policy.

1. Exemptions for Animals that are Provoked

1. No dog may be declared dangerous if threat, injury or damage was sustained by a person who, at the time, was committing a willful trespass or other tort upon the premises occupied by owner or keeper of the dog, or was teasing, tormenting, abusing, or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused, or assaulted the dog or was committing or attempting to commit a crime.

1. Fines

1. Any dog not licensed will be subject to a Twenty Five Dollar ($25.00) fine. If not licensed within five (5) working days, will be subject to a second fine of Three Hundred Dollars ($300.00) a day thereafter.
2. Any dog involved in a bite, no matter how slight, will be quarantined for a period of ten (10) days and will be taken to a licensed veterinarian for an examination and results sent to the Board of Health; failure to comply, will result in a fine of Three Hundred Dollars ($300.00) after fourteen (14) days.
3. Failure to license or register such an animal within five (5) working days or obtain liability insurance within thirty (30) days shall carry a fine of at least Three Hundred Dollars ($300.00) per day; failure to comply with these rules could result in confiscation of the animal.

1. WATER

1. Rules and regulations for the Water Division of the Department of Public Works shall be established by the Director of Public Works.
2. The rules and regulations shall be approved by the Board of Selectmen and the Town Administrator.
3. Customers shall use water within these rules and regulations.
4. The customer shall state what the water shall be used for on their application.
5. These rules and regulations shall be updated as necessary.
6. This section shall not apply to any residence now served by an existing Town water system.

1. Assessments

1. The Town of Billerica shall levy special assessments to meet the cost incurred for laying water pipes in public and private ways for the conveyance or distribution of water.
2. An owner of land which receives benefit from the laying of pipes for the distribution of water to his land or buildings shall pay a proportionate amount of the cost not already assessed for those pipes.
3. The entire cost of laying or extending water pipes shall be determined by a designee of the Director of Public Works.

1. Fees

1. Any person applying for water service from any main or main extension which was installed by or as a requirement of the Town shall prior to the installation of water service, pay to the Town an entrance fee as established by the rules and regulations as established by this article.
2. The fee or any portion thereof shall be waived if the customer has paid a fee for or has been party to, the installation of the main or main extension or it is the determination of the Director of Public Works or his designee that he should be exempt for the reason of hardship.

2. SEWERS

1. The owner of any building upon land abutting a common sewer line, shall be required to connect to the same by a sufficient drain within one (1) year from the time said sewer line passes their property as stated in Article II, Section 1 of the Town Sanitary Rules and Regulations.
2. Tie-In Prior To Sale

3. SEWER ASSESSMENTS

1. The Board of Selectmen may assess part or all of the cost hereinafter incurred of common sewers upon each owner of land within the territory served by such sewers and who enters his particular sewer into such sewers, or who by more remote means receives benefit by such sewerage system, provided that the project was commenced by petition of a majority of the owners of land within the territory served, each ownership entity to count as one petitioner, or that assessment for the project was approved by vote of Town Meeting by a fixed uniform rate or rate based upon a uniform unit method, as set forth in G.L. C.83, S15, as the Board of Selectmen may determine in each case in consultation with the Sewer Extension Committee, such assessments to be apportioned fairly and proportionately and to be made within a reasonable time after the project is completed.
2. The amount to be charged against each parcel of land receiving benefit from a particular sewerage project shall include the cost of the pipes and other material and of the labor in laying them and other expenses incidental thereto and shall be ascertained, assessed and certified by the Board of Selectmen in consultation with the Director of Public Works once the project is completed.
3. The owners served by the project shall be assessed one hundred percent (100%) of the total cost of the project to the Town.
4. The cost of sewage treatment plants, pumping stations, trunk mains and force mains, being general benefit facilities, shall be separated from that of sewer mains serving adjacent properties, being special benefit facilities. The total cost of the general benefit facilities shall be apportioned by the uniform unit method set forth in G.L. C83, Section 15 on all areas to receive benefits within the sewer district or combination of districts. The cost of the general benefit facilities, attributable to undeveloped land not abutting a sewered street, may not be assessed until sewers are extended to the street on which the undeveloped land abuts or the undeveloped land is otherwise serviced by the public sewage system. The proportional cost of the special benefit and general benefit facilities shall be assessed against all properties, whether developed or undeveloped, abutting a sewered street.
5. If upon receipt of the notice of assessment sent by the Tax Collector in accordance with G.L. C80, Section 4, the owner pays the amount due in full, no lien shall be recorded in the Registry of Deeds with respect to the property assessed and it shall be indicated on the next tax bill that the amount of the betterment assessment has been paid and no further notation or demand shall be made with respect to such assessment.

Art. 9, ASTM 5/7/96: Eff. 7/31/96

3.6 The Board of Selectmen, in consultation with the Sewer Extension Committee, may

1. The Board of Selectmen may assess and collect estimated sewer assessments in

Amended: Art. 38, AFTM, 10/5/95; Eff. 2/23/96

4. ALL BETTERMENT ASSESSMENTS

1. Unpaid assessment shall bear interest at a rate equal to two percent (2%) above the rate of interest chargeable to the Town for the betterment project to which the assessments relate, or five percent (5%), whichever is higher, from the thirtieth day after commitment to the tax collector.
2. The Board of selectmen shall, upon the application of the owner of the real property assessed, if such owner is eligible for an elderly property tax exemption under G.L. Chapter 59, Sub-section 5, Clause 41A, enter into a deferral and recovery agreement with such owner, provided that such application is received within six months after notice of such assessment has been sent out by the Tax Collector and provided that said agreement shall contain the provisions set forth in G.L. Chapter 80, Section 13B.

Amended: Art. 40, AFTM, 10/3/95; Eff. 2/6/96

1. All applicants filing for building permits or subdivisions shall file copies of plans with the Building Department.

1. Plans shall not be less than 8.5" x 9".
2. Plans shall have sufficient clarity and detail to indicate the nature and character of the work.
3. Plans shall contain the general description and location of the proposed work.
4. Plans shall contain information in the form of notes as needed by the Board of Assessors to maintain Assessor’s Maps.

2. The following fees shall be charged for all Building Permits issued by the Building Department. (See fees on file at the Building Department).

1. Such fees shall be paid to the Building Department.
2. In the case of an emergency as determined by the Building Inspector, there will be no fine assessed for starting work without a permit.
3. (No 2.3 included in the article as presented at Town Meeting.)
4. Section 2.3 does not apply in the case of an emergency as determined by the Inspector or Buildings.

3. The Board of Selectmen may amend the schedule of fees, subject to the approval of the next Town Meeting.

1. The Board of Selectmen may, at the request of the Inspector of Buildings, waive payment of the permit fee in the following cases:

1. Any application involving municipal, religious or charitable organizations.
2. In such other cases deemed to be in the best interest of the Town.

4. The Plumbing Inspector shall be the inspector of gas piping and appliances.

1. The Plumbing Inspector shall enforce the rules and regulations promulgated by statute, established under Chapter 142 of the General Laws.

5. No person shall engage in gas fitting without first obtaining a permit from the plumbing inspector. All installations shall be in compliance with the provisions of the Massachusetts Code for Installation of Gas Appliances and Gas Piping as stated in Chapter 142 of the General Laws.

6. Earth Material Removal

The removal of more than 500 cubic yards or thirty truck loads, whichever is smaller, of earth

materials from any land in the Town of Billerica not in public use is hereby prohibited.

1. Such removal may be authorized in any zoning district by a permit issued by the Board of Appeal.
2. No such permit shall be issued until a written application is filed with the Board of Appeal and a public hearing is held.
3. Such application shall include a diagram to scale and a statement of the ownership and boundaries of the land for which such permit is sought.
4. An abutters list and the approximate locations of all existing public or private ways nearest such land shall be included.
5. A permit may include but is not limited to the following conditions:

1. extent of time
2. area and depth of excavation
3. steepness of slopes excavated
4. distance between edge of excavation and neighboring properties or ways
5. temporary or permanent drainage
6. the posting of security or bond
7. the replacement of not less than six inches of topsoil over the whole or any area from which earth materials are removed where the location of such removal is afterward to become a residential subdivision
8. in the case of continuing sand or gravel pit operations in one general locus, recovering the finished cut banks with a minimum of four inches of topsoil

1. A copy of the permit with conditions if any or the denial of any application for a permit with the reasons for the denial, shall be filed by the Board of Appeal in the office of the Town Clerk.
1. Notice of the action taken by the Board of Appeal on any such application shall be mailed forthwith by the Board to the interested parties.

7. This regulation shall be deemed not to prohibit the removal of less than 500 cubic yards or thirty (30) truck loads, whichever is smaller, of earth materials as may be required to:

1. Be excavated for the purposes of constructing foundations for buildings or other allowable structures after a building permit has been issued.
2. For the purpose of constructing ways in accordance with approved lines and grades.
3. For the purpose of constructing utilities or other engineering works for public service.

1. This article does not prohibit the transferal of earth materials from one part of a lot of land to another part of the same lot of land.

8. Excavations and Abandoned Wells

1. All owners of land in the town of Billerica whereon is located an abandoned well or a well in use, shall provide a cover for such well.
2. The cover shall be capable of sustaining a weight of 300 pounds.
3. The cover shall be kept in place whenever the well is not in active use.
4. In lieu of a cover, the well shall be filled level with the surrounding ground.
5. Any violation of this by-law shall be punishable by the penalty provided for in Chapter 40, Section 21, Sub-section 20 of the General Laws of Massachusetts

9. All owners of land which has been excavated shall erect barriers on all sides thereof, or take other suitable measures to insure the public safety if such excavation is left open for a period of more than seven (7) days.

1. Any violation of this by-law shall be punished by a fine of not more than $100.00.

10. Definitions

1. Earth Materials: sod, loam, clay, sand, peat, gravel or stone.

ADULT ENTERTAINMENT

1. The following shall apply to premises licensed in accordance with the General Laws, Chapter 138, Alcoholic Liquors, or Chapter 140, Theatrical Exhibitions, Public Amusements, etc., Section 181, Licenses, Fees, Applications, suspension or revocation or 183A, concerts, dances, exhibitions,. Public shows, etc., application, suspension of revocation, rules and regulations.

1. No employee of a licensed establishment or other person may mingle with the patrons of the establishment while such person is unclothed or in such attire to expose to public view any portion of the public area, anus, or genitals, or any simulation thereof, nor may a licensed establishment allow any female person to mingle with patrons on the premises while she is appearing in any manner of attire as to expose to public view any portion of the breast below the top of the areola, or any simulation thereof.
2. It is forbidden to employ or permit any person in or on the licensed premises to perform any act or acts of sexual intercourse, masturbation, sodomy, flagellation or any sexual acts prohibited by law.
3. Employees or entertainers may not engage in touching, caressing, or fondling of the breasts, buttocks or genitals of another.
4. The provision of this by-law shall be deemed severable.

Amended: Art. 32, FTM, 10/1/96; Eff. 12/9/96

2. Anyone who is obliged to file an entertainer’s disclosure statement with the Commissioner of Public safety pursuant to the provisions of G.L. C. 140, Section 181A, appearance under assumed names; statement filed; penalty shall also file a copy of such disclosure with the Chief of Police. The copy of such disclosure shall be accompanied by a copy of photographic identification which sets forth the true name, legal address and date of birth of the entertainer.

I. EMPLOYEE CLASSIFICATION

1. There is hereby established a Personnel By-Law (Article XII of the Billerica General By-Law) for those non-school employees and officials of the Town of Billerica, drawing compensation, who are not covered by collective bargaining agreements relative to salaries, wages, hours, benefits, and other conditions of employment.
2. Employees excluded from Step #1 are all employees whose employment status is classified as temporary, seasonal, emergency, substitute, casual and the like. The position of Town Administrator and his/her designee shall not derive, in entirety, any benefit from the provisions of Article #12 - The Personnel By-Law.
3. Hereinafter, the Town Administrator and his/her designee, and the Board of Selectmen of the Town of Billerica, shall be referred to as the "Town" in all sections of this By-Law unless duly noted.
4. This By-Law shall be administered by the Town Administrator of the Town of Billerica as provided for in Section 3-3 of the Town Charter.
5. The starting rate shall be the minimum of the rate range for the job as established by the Town Administrator. Subject to the approval of the Town Administrator, new employees may be hired in excess of the minimum, but not in excess of the maximum established rate.
6. In the case of an emergency declared by the Town Administrator, the Town may employ emergency employees for a period not to exceed twenty (20) working days.
7. All employees subject to this By-Law shall be entitled to step increases on the anniversary date of their employment until the maximum for their job is attained, subject to satisfactory performance evaluations as administered by the Town Administrator or a designee. In the case of promotion or transfer in job classification, the employee shall be entitled to step increases on the anniversary date of promotion or transfer until the maximum for the new classification is obtained. Permanent part-time employees, covered under this By-Law, working a minimum of 16 hours per week, shall be granted increases in accordance with the percentage given to the regular full-time employees covered by this By-Law.
8. Benefits outlined in the By-Law shall be pro-rated for all permanent part-time employees, who are covered by this By-Law, working a minimum of 16 hours per week.
9. Hereinafter, the employees fulfilling the requirements cited under #1 and #2 of this Section of the By-Law, shall be referred to as the "Town Employee" or "Employee" in all sections of this By-Law unless duly noted.

II. EMPLOYEE RIGHTS AND REPRESENTATION:

1. Coercion: There shall be no discrimination, reprisals, or retaliation taken against the employee due to his/her activity, involvement, or assistance in this By-Law by the Town. The Town shall agree there shall be no discrimination, reprisals, or retaliation taken against the Employee for his/her approbation to the conditions of this Personnel By-Law in its entirety.
2. Discrimination: The Town shall not discriminate against the Employee, covered by the provisions of the Personnel By-Law, for reasons of race, color, religion, national origin, ancestry, sex, sexual preference or orientation, age, marital status, veteran history, or handicap, in accordance with applicable laws and regulations in the hiring, promoting, transferring, assigning, suspending, demoting, discharging, and relieving an Employee from work.
3. Committee: A five (5) member Committee shall be created by those Employees covered by the provisions of the Personnel By-Law for the purpose of reviewing, addressing and presenting the Personnel By-Law to the Town Administrator or his/her designee. The Town shall grant a leave of scheduled work time, without loss of pay or benefits, to this Committee and all Employees, for as many meeting as deemed necessary by the Committee, with the permission of the appropriate Department Supervisors.
4. The Town shall agree to provide an adequate meeting area for this Committee and all Employees covered by this By-Law for the purpose cited in #3 of this Section
5. A written request shall be made by the Committee at least one (1) calendar week prior to the proposed scheduled meeting date, to the Town.
6. Approval shall not be unreasonably withheld by the Town. Written approval or denial shall be made known and received before three (3) working days of the proposed scheduled meeting, by the Town.
7. Employees, participating under the conditions of Section II shall not be penalized by loss of pay or benefits and shall not be required to make up such time by the Town.

III. CIVIL SERVICE

1. The Town and employees covered by the provisions of the Personnel By-Law shall recognize and adhere to all Civil Service and State Labor Laws, rules and regulation, relative to appointments, promotions, transfers, assignments, job titles, discharges, demotions, removals, and suspensions, where such positions and jobs are applicable under Civil Service.
2. All cases where Civil Service and Job titles are in effect, the Town Administrator will use these classifications and job titles.

IV. CREDIT UNION

1. Employees of the Town shall be allowed to operate, maintain and participate in a Credit Union incorporated pursuant to Massachusetts General Laws, Chapter 171.

V. GRIEVANCE PROCEEDURE

1. A "Grievance" is hereby defined as a complaint by an employee or group of employees that is based upon an alleged violation of, or an alleged variation from, the provisions of the Personnel By-Law, or the interpretation, meaning or application thereof, and an aggrieved employee is a person or group of persons making such a complaint through the formally prescribed outline of Section V.
2. All requests for meeting, hearing, replies, extension, decisions and filing of grievances amongst all parties shall be in the written form.
3. A grievance shall be first presented by the aggrieved employee to his/her immediate supervisor within fourteen (14) calendar days of the incident cited as the grievance. A sincere and serious effort shall be made, by all parties involved, to adjust the grievance at an informal hearing within fourteen (14) calendar days of the filing of the grievance. Said grievance shall be cited, identified and outlined, in writing.
4. If the grievance is not resolved by the activation of Step #3, the grievance shall then be presented formally to the Town Administrator or his/her designee. The Town Administrator shall have ten (10) calendar days to reply to the grievance.
5. Time periods may be extended, noted in Steps #3 and #4, at the actual agreement of the Town and the employee/committee. Written confirmation as to the extensions taken shall be made known to all parties involved.
6. If the grievance is not resolved by the activation of Step #4, the employee/committee shall formally notify the Personnel Board requesting a hearing within twenty (20) calendar days after the time period of Step #4 has expired. The Personnel Board shall answer the grievance within ten (10) calendar days after the formal hearing has taken place.
7. The aggrieved employee or group of employees shall reserve the right to be assisted by the Committee, as described in Section 11, #3, and legal counsel at any time of the grievance period once Step #3 has been initiated. The employee shall reserve the right to call witnesses, question witnesses, and submit information and evidence to support his/her grievance.
8. Any dispute arising between an employee or group of employees and the Town which is submitted as a grievance for resolution under Section V if such dispute or grievance is a suitable matter for submission to the Massachusetts Civil Service Commission or the Massachusetts Commission Against Discrimination, this prerogative may be exercised by the employee and with the assistance of the Employee By-Law Committee and legal counsel.
9. Any grievance not presented in writing within the time specified shall be constituted as a waiver.
10. The Town Administrator, his/her designee, shall receive written notification when the time set forth in Step #4 has expired, from said employee. The Town Administrator, his/her designee, shall be granted under Step #10, an extension of Step #4, for ten (10) additional calendar days in which to respond to the grievance. Failure to comply within the extension cited in Step #10 by the Town Administrator or his/her designee, shall be construed as a favorable decision to the employee or group of employees.
11. The position of Town Clerk, Assistant Town Clerk, and the Town Accountant shall not derive any benefit from Section V in its entirety.

VI. DISCIPLINE:

1. No employee shall be disciplines, demoted, transferred, reprimanded or discharged involuntarily except for just cause.
2. Any Employee, covered by the provisions of the Personnel By-Law, subjected to actual specific disciplinary action (s) shall and must receive written notification stipulating the specific infractions(s) and the specific action(s) to be taken for such infraction(s).
3. Upon disciplinary actions allegedly not for just cause, the employee may file a claim through Section V of the Personnel By-Law or through the provisions of Civil Service (only for employees where this is applicable), but not both.
4. Written selection of the claim process in Step #3 must be filed with the Town Administrator or his/her designee or Appointing Authority, whichever is applicable and required, within ten (10) business days of receiving written notification in Step #2. The selection of one claim process (Section VI - Step #3 or Civil Service) shall immediately and automatically constitute a waiver of the alternate process.
5. Failure to elect a claim process in Step #3 within ten (10) business days to the appropriate Town official, shall constitute a waiver of both Section VI of the Personnel By-Law and Civil Service remedies.
6. The Town shall furnish copy of all correspondence between the employee and employer pertinent to any and all allegations, infractions, and disciplinary actions to the employee By-Law Committee accordingly as to the action taken by the Town under Section VI against any employee covered by the provisions of the Personnel By-Law.
7. The Town shall not institute any test program, i.e., alcohol, drug, without prior written notification to all employees and the Committee and approval by the majority of the employees covered by the provisions of the Personnel By-Law.

VII. REMOVAL AND SUSPENSION:

1. As provided for in the Billerica Town Charter under Article 7, section 7-7, any appointed officer or employee of the town, except the Town Administrator, whose removal or suspension is not covered by the provisions of general law or the terms of a collective bargaining agreement, whether appointed for a fixed or an indefinite term, may be suspended or removed from his duties by the appointing authority.
2. The appointing authority when acting to remove or suspend any appointed officer or town employee, shall act in accordance with the following procedure:

(a) A written notice of the intent to remove or to suspend and a statement of the cause or

causes therefor, shall be delivered in hand to the officer or employee, or mailed by

registered or certified mail to his last known address.

1. Within five days following delivery of the said notice, the officer or employee may request a public hearing by submitting, in writing, a request therefor to the appointing authority and personnel board, and by filing a copy of said request in the office of the town clerk and personnel board.
1. The personnel board shall hold a public hearing not less than seven nor more than fourteen days following the date of receipt of a request therefor, and shall give not less than five days written notice of such public hearing to the officer or employee affected. The officer or employee shall have a right to be represented by counsel at such hearing, to call witnesses, to examine witnesses and to introduce evidence at the public hearing.
2. Not more than fourteen days following the public hearing, or not more than fourteen days following the delivery of the original notice of intent if no public hearing has been requested, the appointing authority shall take final action on the removal or suspension and shall, forthwith, notify the officer or employee, in writing, of the removal or suspension, or that the notice of intent has been rescinded.

VIII. RE-HIRING POLICY:

1. All employees, covered by the provisions of the Personnel By-Law, effected by layoffs, cutbacks, position eliminations, or severe actions shall be considered first relative to the re-hiring process as positions become available within the Town of Billerica. Reasonable and sincere attempts shall be made by the Town to rehire each employee per classification, title, and position duties and responsibilities.
2. Civil Service rules and regulations shall apply to those employees, covered by the provisions of the Personnel By-Law, who are covered by the Civil Service Laws. This provision shall not be limited to the layoff and re-hiring process.

IX. TERMINATION OF EMPLOYMENT

1. Whenever an employee terminates his/her employment with the Town of Billerica, all

benefits associated with cash compensation, which are accumulative in nature, i.e., vacation

days, personal days, sick days, shall be paid at the established rate of pay for that time.

2. The employee shall also receive all other pay due at the time of employment termination from

the Town.

3. Termination status of employment shall be regarded as

1. Voluntary separation in good standing; or
2. Retirement; or
3. Death

and qualifies the Employee for compensation of full and pro-rated benefits due him/her.

1. All compensation shall be paid to the Employee or, in the event of his/her death, payment shall be made to the Employee’s estate.

1. LAYOFFS:

1. The following department heads are exempt from the layoff procedure: Assistant

1. Employees shall have seniority rights in their specific classification according to job title, according to date of hire in that classification, subject to the prevailing provisions of Massachusetts General Law 31, dealing with layoff and recall rights, if applicable.
1. An employee who is reduced in hours or laid off, shall be placed on a recall list.
2. No new employees will be hired for any classification until the current recall list for that classification is exhausted.
3. In the event of a layoff, affected employees shall be entitled to be compensated for all unused sick leave and all vacation days to which they are entitled as of the the layoff date.

X. HOLIDAYS

1. The town shall agree to the following eleven (11) holidays, which fall on or are observed on regularly scheduled work days, and shall be granted as paid holidays;

New Year’s Day Labor Day

Martin Luther King Day Columbus Day

Washington’s Birthday Veteran’s Day

Patriot’s Day Thanksgiving Day

Memorial Day Christmas Day

Independence Day

1. Designated Holidays that fall on Sunday shall be observed on the following Monday and Holidays falling on Saturday shall be observed on the previous Friday.
1. Any Employee on an unpaid leave shall not be eligible for Holiday pay during the period covered by the leave.
2. An Employee on vacation shall be granted an additional day of vacation when a designated Holiday occurs during the vacation period.

XI. PERSONAL DAYS:

1. Each employee shall be granted three (3) days off with pay each fiscal year, at his/her discretion to conduct personal business. Said days may not be taken on a Holiday. Personal days shall not be accrued and must be taken prior to June 30^th of each fiscal year. Loss of said days shall be made if not taken prior to June 30^th of each fiscal year. Use of a personal day shall require twenty-four (24) hours notice to the appropriate authority.

XII. PERFORMANCE EVALUATIONS:

1. As of January 1, 1996, all Employees covered by the provisions of the Personnel By-Law shall be subject to an annual performance evaluation conducted by the Town Administrator or a designee, under criteria established by the Town Administrator.

XIII. VACATION:

1. The vacation leave shall be accrued by all Employees covered by the provisions of the Personnel By-Law, pro-rated according to the normal and established number of hours worked per week or the number of days worked per week, in the following schedule:

5 years of service or less 2 weeks vacation

More than five, but less than 10 3 weeks vacation

More than 10 years of service 4 weeks vacation

1. Any Employee may accumulate for paid compensation a maximum of thirty (30) vacation days.
2. Any Employee on any type of unpaid leave for more than forty-five (45) calendar days shall not be entitled to vacation time until his/her return to work, at which time vacation time will be prorated.
3. Any Employee, while on vacation for four (4) or more of his/her vacation days, who is required to return to work due to unforeseen emergencies, hearings, etc., shall be granted a replacement vacation day for each day or portion of a day he/she is required to return to work.
4. An Employee shall be granted a replacement day of vacation if, while on vacation, a holiday occurs during this period.
5. The vacation schedule shall commence on the first day of the fiscal year (July 1^st). The Employee’s original employment date with the Town of Billerica shall dictate the number of vacation weeks the Employee is eligible for.
6. Upon separation or termination of employment, the Employee shall receive cash compensation of any and all unused vacation leave allowable under Section XIII, not to exceed thirty (30) days.
7. Upon the death of an Employee, his/her pro-rated and accrued vacation days shall be paid to his/her estate.

XIV. BEREAVEMENT:

1. All employees, covered by the provisions of the Personnel By-Law, shall be granted bereavement leave.
2. Such leave shall not be charged as sick or vacation leave.
3. Bereavement leave shall be paid, pro-rated, according to the employee’s normal and established number of hours worked per week or the number of days worked per week.
4. In the event of a death of the following, the employee shall be granted five (5) business days bereavement leave without loss of pay or benefits, following the day of death for: Mother, Father, Spouse, Child, of the employee or of the employee’s spouse, any other relative residing with the employee, and in the event of a death of a person whereas the employee is solely responsible for all funeral arrangements of the deceased.
5. In the event of a death of the following, the employee shall be granted three (3) business days bereavement leave, without the loss of pay or benefits, following the day of death of, for: Mother/Father-in-Law, Grandparents, Grandchild, Brother, Sister of the employee or of the employee’s spouse.
6. In the event of a death of the following, the employee shall be granted one (1) business day bereavement leave, without the loss of pay or benefits, following the day of death of, for: Brother/Sister-in-Law, Aunt, Uncle, Niece, Nephew, Cousin, and all other relatives of the employee or of the employee’s spouse.
7. There shall be no distinction of foster, step nor half relatives in the determination and consideration of granting the bereavement leave.
8. The employee may be granted an additional three (3) business days extension, without loss of pay or benefits, at the approval of the Town Administrator or his/her designee. Said extension shall only be granted in the event of travel outside the New England states and extreme and extenuating circumstances which the employee shall make known to the Town Administrator or his/her designee.

XV. RETIREMENT INCENTIVE:

1. Early retirement incentive shall, within the appropriation provided, be paid to an employee who has completed at least ten (10) years service with the Town of Billerica and intends to file for regular retirement. The employee must also meet the established requirement of twenty-five (25) hours per week as his/her normal and established work week.

1. An employee shall receive a ten percent (10%) salary increase if retiring after age sixty (60) but before age sixty-two (62).
2. An employee shall receive a fifteen percent (15%) salary increase if retiring after age fifty (50) but before age sixty (60).
3. The percentage increment shall be paid over the last twelve (12) months of employment.
4. An employee, anticipating retirement, shall notify the Town Administrator, his/her designee, or appointing authority, whichever is applicable, in writing, at least twelve (12) months prior to the proposed retirement date.
5. An employee shall complete the "Notification of Proposed Retirement and Authorization for Payroll Adjustment Form" and submit copies of such form to the appointing authority, Personnel Board and the Town Administrator.

1. An employee shall not submit more than one (1) Retirement Incentive Form nor receive more than one (1) Retirement Incentive compensation from the Town.
1. An employee, satisfying the requirements of Section XV, shall be granted compensation pursuant to the applicable percentage (10% or 15%) and such compensation shall be increased proportionately by any wage and salary percentage increase that may be granted.
2. An employee remaining in the service of the Town, while collecting compensation under Section XVI, after the proposed retirement date, shall have his/her salary/wages adjusted accordingly to reflect the retirement incentive compensation paid during this retirement notification period.
3. The Town shall adjust the employee’s salary/wages to discontinue the retirement incentive pay effective the first business day after the proposed retirement date.
4. Deductions and adjustments in the employee’s salary/wages shall be made by the Town, deemed necessary, to recover the incentive paid to the employee, in accordance with an established schedule determined by the Town.
5. Upon the death of said employee, his/her incentive shall be adjusted for the number of weeks worked prior to the event of death with the appropriate incentive percentage and shall be paid to his/her estate.

XVI. CERTIFICATION AND LICENSES:

1. The Town may agree to compensate, within the appropriations provided, all employees who are required by statute, job and employment qualifications and requirements, or combinations thereof, to maintain active and "in good standing" status of such certification, license requirements, and any and all other necessary professional fees.
2. The Town shall pay tuition, registration fees, and cost of materials for courses and seminars taken by Employees covered by the provisions of the Personnel By-Law to enhance their work-related professional development, within the appropriations provided, with the prior approval of the appropriate department head and/or the Town Administrator.

XVII. MILITARY DUTY:

1. All employees, covered by the provisions of the Personnel By-Law, who are called for State or Federal Military Training forces, shall be paid any difference in compensation between that drawn in the normal and established work period of two (2) weeks in their regular Town employment and the total compensation, excluding travel time, of the Military Duty.
2. Such compensation shall not exceed two (2) weeks in a calendar year, and shall not include compensation to members of the National Guard who may be mobilized during an emergency in the Commonwealth.

XVIII. MILITARY SERVICE:

1. All employees covered by the provisions of the Personnel By-Law, shall be granted a military leave of absence without pay when called involuntarily to active duty with the State or Federal Armed Forces for the purpose other than routine annual tour of duty for training purposes.
2. The Town shall agree that the employee’s seniority rights shall not be affected while his/her leave of absence for said leave is in effect.

XIX. JURY DUTY:

1. All employees, covered by the provisions of the Personnel By-Law, shall receive the amount equal to the difference between his/her normal compensation and the amount received from the Court.
2. These provisions shall not make compensation to the employee for travel time.

XX. MILEAGE:

1. All employees, covered by the provisions of the Personnel By-Law, shall receive compensation for the use of his/her vehicle in the performance of their established and official duties and responsibilities for the Town of Billerica. Said compensation shall be paid at the rate equal to the amount the Federal Government allows for business mileage deductions in tax forms.

XXI. INSURANCE:

1. All employees, covered by the provisions of the Personnel By-Laws, shall be eligible to participate in the Contributory Group Life, Accident, Hospitalization and Medical and Surgical Insurance Plan - as defined in Chapter 32B, plan adopted by townspeople be vote at the Annual Town Meeting of March 1958, one-half (1/2) to be paid by the employee.
2. Eligibility for such participation shall be at the established requirement of the employee to work a minimum of twenty (20) hours per week.
3. In the event an employee is absent due to conditions cited in Section XXIII, Step #8, the Town shall agree to pay the employees’ medical insurance up to thirty (30) working days. Such employee shall be required to reimburse the Town in a period not to exceed thirty (30) working days.

XXII. MATERNITY, ADOPTION AND FAMILY LEAVE:

1. The Town shall grant to all Employees covered by the provisions of the Personnel By-Law, Maternity Leave in accordance with Massachusetts General Laws, Chapter 149, Section 105D.
2. The Town shall also grant to all Employees covered by the provisions of the Personnel By-Law, leave time for the purpose of adoption in accordance with the provisions adopted under Chapter 318 of the Acts of 1989 under the maternity leave statute.
3. In addition to the aforementioned leave provisions, the Town shall grant to eligible Employees leave time under the provisions of the Family and Medical Leave Act of 1993.

XXIII. SICK DAYS AND SICK LEAVE:

1. All Employees, covered by the provisions of the Personnel By-Law, shall be granted fifteen (15) working days that shall be pro-rated, according to the Employee’s normal and established number of hours worked per week or the number of days worked per week, as the sick day allotment per fiscal year. Accumulation shall be unlimited.
2. All new Employees shall accrue, but not draw compensation for, sick days during the probationary period of six (6) months.
3. Any Employee terminating his/her employment with the Town of Billerica under the conditions of: voluntary separation in good standing, or retirement, or death, shall receive compensation in cash in an amount equal to a maximum of seventy (70) days for any unused and accrued sick days. Any Employee hired on or after January 1, 1996 shall not be entitled to compensation in cash for any unused and accrued sick leave upon termination of employment.
4. All compensation in cash due the Employee, shall be made in accordance with Section IX (Termination of Employment) of the Personnel By-Law, in its entirety.
5. Paid sick days shall be considered as time worked.
6. All Employees shall notify his/her department or the appropriate authority of the illness within a reasonable time before the start of the work day.
7. Upon notification of using a sick day, the Employee shall be at home, hospital, physician/dentist/medical professional’s office or en route to or from such a facility. Failure to be in one of the aforementioned locations shall be considered an unauthorized sick day and an abuse of the sick day benefit.
8. Sick leave shall be granted for sickness, injury or absence due to quarantine.
9. Employees shall receive compensation payment for sick leave only for the number of accrued unused sick days accumulated.
10. All compensation in cash due the Employee on sick leave shall be make in accordance with Section IX (Termination of Employment) in its entirety.
11. Paid sick leave shall be considered as time worked.
12. All Employees, covered by the terms and provisions of the Personnel By-Law, utilizing sick leave for five (5) consecutive working days or more, shall be required to provide a Medical/Dental/Professional’s certificate to the appropriate authority within two (2) days of returning to work.
13. Any Employee shall be required to notify the appropriate authority and his/her department that he/she shall be on sick leave prior to the start of the working day, establish an approximate leave period, and provide an approximate return date. Said Employee shall be accessible to his/her department and/or the appropriate authority. Exceptions shall be considered for, but not limited to, hospitalization, being en route to medical/dental facilities, therapy, for the inaccessibility to the appropriate authority or department.
14. Sick leave benefits shall cease if a medical/dental/professional certificate is not presented documenting the reason (s) for such leave upon the request of the appropriate authority.

XXIV SICK LEAVE BANK:

1. All Employees, covered by the provisions of the Personnel By-Law, may annually contribute one (1) of his/her accumulated sick days to a Sick Leave Bank and said contribution shall be matched by the Town. Any Employee who chooses not to contribute annually to the Sick Leave Bank shall not be eligible to draw any benefit from the Sick Leave Bank.
2. The Town will contribute 50 days as a one-time start-up contribution to establish the Sick Leave Bank, effective as of January 1, 1996.
3. Employees shall not be obligated to contribute if on any July 1^st the bank has more than two hundred (200) days.
4. Withdrawals from the bank shall be approved by a majority vote of a Sick Leave Bank Committee consisting of two (2) persons designated by the employees covered under the Personnel By-Laws and two (2) persons designated by the Town Administrator. In the event of a split decision, the Town Administrator shall be considered an ex-officio member of the Sick Leave Bank Committee, and as such, shall render a final determination concerning a request to withdraw days from the Sick Leave Bank.
5. In order to be eligible to draw from the Sick Leave Bank, the employee must:

1. have been employed by the Town for at least one (1) year;
2. be absent because of a personal illness or injury anticipated to last more than six (6) weeks;
3. verify said illness or injury in accordance with the provisions outlined in section XXIII, and to the extent requested by the Sick Leave Bank Committee;
4. be willing to take all reasonable steps necessary to make a full recovery and prevent a recurrence of the disability including continued treatment for problems contributing to the disability;

1. Decisions made by the Sick Leave Bank Committee shall be final and binding and not subject to reversal by the Town, appeals or grievances.

XXV LEAVE OF ABSENCE:

1. All Employees, covered by the provisions of the Personnel By-Law, may be granted a leave of absence.
2. Said leave of absence shall be considered as time the Employee leaves his/her position for any specific reason (s) in which he/she is not receiving any salary/wages or benefits from the Town.
3. A leave of absence may be granted for a three (3) month period. An extension, not to exceed six (6) months, or any portion thereof, may be granted by written notification to and approval of the Town Administrator, stating the specific reason (s) why such leave or extension is requested.
4. Such leave time period shall not be considered as broken employment. Said leave time period shall not be considered as time worked towards any benefit drawing compensation, until the Employee returns to work.

26. ACCIDENTS - OCCUPATIONAL:

1. All Employees, covered by the provisions of the Personnel By-Law, who are unable to perform his/her duties due to an industrial accident while performing the duties and responsibilities associated with his/her position, shall receive compensation in accordance with the Massachusetts General Law, Chapter 152.
2. In the event of an industrial/occupational accident, an Emloyee shall notify the appropriate authority within forty-eight (48) hours after such event occurs.
3. An Employee shall not be impeded by the Town from his/her rights under the Workman’s Compensation Act.

27. WORK WEEK:

1. The work week for regular, full-time employees shall be defined as five (5) consecutive seven and one-half (7 ½) hour days, Monday through Friday, inclusive. The work week for regular part-time Employees shall be established by the appropriate department head.
2. Work week exceptions shall include, but are not limited to, departments with earlier/later starting hours, earlier/later closing hours, and weekend hours.
3. The normal established full-time work day, in accordance with Step #2, shall consist of seven and one-half (7 ½) consecutive hours within the twenty-four (24) hour period. Each Employee covered by the provisions of the Personnel By-Law shall be scheduled to work a period of regular starting and quitting time. Exceptions and variations will be a condition of employment or will be mutually agreed and established upon by said Employee and the Town.
4. Any Employee not receiving overtime compensation and working additional hours outside his/her normal and established work hours and requirements/conditions of the position shall be granted time off by the appointing authority.
5. Any Employee not receiving overtime compensation who is required to attend meetings, seminars, workshops, etc., that extend beyond the Employee’s normal and established working hours shall be granted time off by the appointing authority.
6. The provisions of paragraphs 4 and 5 shall not apply to the department heads as defined in Section IX, Subsection B, "Layoffs".

28. PERSONNEL RECORDS:

1. An Employee or designated representative, covered by the provisions of the Personnel By-Law, may request and review any and all records maintained by his/her department, Personnel Board, Town Administrator’s office, Board of Selectmen’s office, and any other Town agency or department during normal and established working hours or upon request to the applicable department/agency.
2. Any correspondence, other than established employment forms, shall not be entered into the

Amended: Art. 44, AFTM, 10/3/95; Eff. 10/3/95

ARTICLE XVII - PROCEDURES

1 REGISTERED OR CERTIFIED MAIL

2 SEVERABILITY

3 PUBLIC HEARINGS

1. 7 days notice prior to the hearing
2. 10 days notice prior to hearing
3. 14 days notice prior to the hearing
4. in a local publication
5. by certified mail
6. by return receipt requested mail
7. to direct abutters
8. to abutters to abutters
9. to all abutters
10. within 100 feet
11. within 300 feet

4 VIOLATIONS AND FINES

5 ADVERTISING

1. for one week
2. consecutively for two weeks
3. consecutively for four weeks
4. the last notice not to exceed 10 days prior to
5. the last notice not to exceed 7 days prior to

Amended: Art. 29, AFTM 10/4/94; Eff, 2/13/95

6 MAILED NOTICES

1. 7 days notice prior to
2. 10 days notice prior to
3. 14 days notice prior to
4. by certified mail
5. by return receipt requested mail
6. to direct abutters
7. to abutters to abutters
8. to all abutters
9. within 100 feet
10. within 300 feet
11. all residents
12. all voters

1. ADMINISTRATION

1. Applicability

1. Application

All applications for permits shall include at least a drawing to scale showing the

following:

1. The proposed sign including the proposed size, shape, location, coloring and lettering.
2. All existing signs maintained on the premises.
3. A plot plan and a sketch of the building facade indicating the location of the proposed and any existing signs.
4. Specifications for construction, lighting and wiring in accordance with the State Building Code.

1. Building Commissioner Action

The Building Commissioner shall issue a building permit and assign a unique

serialized sign number, where the first two digits represent the year of issue of the

sign permit, provided the proposed sign complies with this by-law, the State

Building Code and other applicable laws, by-laws or regulations.

1. Sign SPGA

The Special Permit Granting Authority noted in Section 18-Sign Regulations, is the

Board of Appeal.

1. Special Permits

In particular instances the SPGA may issue special permits for signs provided for

herein under SPGA authority, if it is determined that the architecture of the building,

the location of the building with reference to the street or the need to identify

establishments by their address and street number or the nature of the establishment

is such that the sign should be permitted in the Public Interest. In granting such

permission, the SPGA shall specify the size and location of the sign or signs and

impose other terms and restrictions as it may deem to be in the Public Interest. Any

application under this provision shall provide the information required in Section

18.1.B above and specific information in the form of perspectives, renderings,

photographs or other representations sufficient to show the nature of the proposed

sign, its effects on the immediate surroundings and the reasons for allowing it.

Special permits under this section are granted subject to the provisions of Section 17,

of the Billerica Zoning By-Law.

8.2 GENERAL REGULATIONS

The provisions of Section 18.2 shall apply to all signs in all zoning districts. Additional

Any sign owned and installed by a government agency or required by any law,

governmental order or regulation is not subject to this by-law. Signs mounted on

registered motor vehicles are not subject to this by-law, except vehicles or trailers

whose principal purpose is for the display of a sign or which display makes the

1. Religious Institutions

(This section deleted by the 1989 Spring Town Meeting)

2. Real Estate Signs

1. Illumination

1. All illuminated signs require a building permit.
2. The illumination of any sign shall not exceed seventy-five (75) foot lamberts.
3. A written certification of the foot lamberts of each illuminated sign shall be obtained from a licensed electrician, the sign manufacturer or a qualified consultant, which certification shall accompany the sign permit application and the sign shall be maintained in conformance to this certification.
4. All internal sign illumination is permitted only upon issuance of a special permit by the SPGA, except for wall signs provided by Section 18.4.A., provided that the illumination does not exceed fifty (50) foot lamberts.
5. No internal or external sign illumination is permitted between the hours of 12:00 midnight and 6:00 A.M., except for signs on premises open for business.
6. Internal or external sign illumination shall be steady and stationary.
7. Exterior sign illumination shall be shielded and directed solely at the sign.
8. The width of an illuminated sign above the first story of a building shall not exceed three (3) feet.
9. The illumination of individual letter signs shall be consistent with the application as submitted under Section 18.1.B; a lighting violation of said individual letter signs shall be construed as anything other than all letters being lighted or not lighted.

Amended: Art. 47, ASTM, 5/7/91; Eff. 9/18/91

1. Signs Cannot Interfere with Traffic

No sign, including a window display or its illuminators shall by reason of its location, shape,

size, or color (i.e. particularly red or green) interfere with traffic or be confused with or

obstruct the view or the effectiveness of any official traffic sign, traffic signal or traffic

marking, if, in the opinion of the Building Commissioner with advise of the Chief of Police,

such sign would create a driving hazard.

1. Construction

No sign shall be painted or posted directly on the exterior surface of any wall. All exterior,

attached signs, except awning signs, shall be painted, posted, or otherwise affixed to a

substantial intermediary removable surface and such surface shall be securely affixed to the

wall of the building. The foregoing, however, shall not prevent installation

of a sign by individual letters or devices cut into or securely affixed to the exterior wall of

the building, provided that such letters or devices have a minimum depth of projection of

one-fourth (1/4) of an inch. The construction of the sign shall comply with the State Building

Code. Each sign must display its uniquely assigned permit serial number on the sign’s

display surface in order to be readable at a distance of ten (10) feet from the sign.

1. Maintenance

Every sign shall be maintained in good condition. If a sign shows corrosion or

deteriorated paint over 25% of the area of one side or if damage to the sign causes a loss

of 10% of its substance or if the sign suffers damage or deterioration which creates a risk

of harm to the person or property of another or if the establishment is no longer in

business, it shall be repaired or removed by the property owner.

1. Prohibited Signs

The following signs are prohibited:

1. Signs which incorporate in any manner flashing, moving or intermittent lighting, excluding public service signs showing time and temperature.
2. Wind signs, including banners, pennants, spinners, streamers and other wind actuated components.
3. String lights used in conjunction with commercial premises with the exception of temporary lighting for holiday decoration.
4. Signs erected so as to obstruct any door, openable window, or fire escape on a building.

1. Signed Not Permitted

The following signs are not permitted:

1. Freestanding signs exceeding thirty (30) in feet height.
2. Freestanding signs closer than ten (10) feet to any lot line, driveway, or paved parking area surface.

1. Adopt-a-Street Sign/Sponsors on Public Property

3. RESIDENTIAL DISTRICTS

4. BUSINESS AND INDUSTRIAL DISTRICTS

1. Wall Signs

1. One principal wall sign is permitted on the front of the establishment to which it relates.
2. A secondary wall sign may be installed making a direct entrance on a parking lot or another street in addition to the front wall sign. There shall be not more than two such secondary wall signs. Said sign shall have a width no greater than 50% of the maximum permissible width for the principal wall sign.
3. No wall sign shall be more than three feet in overall height.
4. In buildings where the first story is substantially above grade and the basement is only partially below street grade, one sign for each level is allowed if each sign has only one-half of the area that would be permitted for a single sign.
5. In addition to the above signs, each building with three or more occupants may have one directory wall sign affixed to exterior wall of the building, if the main entrance of any individual establishment does not face the frontage street. The changeable plate for each occupant shall measure no more than one foot in height by three feet wide. Overall, the sign shall not exceed more than eight (8) feet in height and shall not be located above the first story of the building.
6. Wall signs shall either be affixed to a wall and parallel to it or affixed to the roof above the wall and be parallel to the wall. They shall not project more than twelve (12) inches from the face of such wall.
7. No wall sign shall project above the highest line of the main roof or parapet on the wall to which it is attached, whichever is higher.
8. In cases where a building has multiple establishments, wall signs must be of a uniform height. Such signs may only be located in the space permitted for single-establishment buildings.

1. Window Signs

1. Projecting Signs

1. Standing Signs

The following standing signs are permitted:

1. Standing signs permitted under Section 18.2.B and 18.2.D.
2. During the construction of a building, a standing sign may be erected on the premises identifying the building, the owner, the contractors, the architects and engineers. Such a sign shall not exceed twenty (20) square feet in area or ten (10) feet in any direction. Such sign shall be removed promptly after the completion of the building.
3. In particular instances, the SPGA may issue special permits for standing signs in accordance with Section 18.1.E. No establishment shall be permitted more than one standing sign other than signs directing traffic flow.
4. Business Districts

1. The sign structure is not more than five (5) feet above the mean finished grade and seven (7) feet wide.
2. The sign display surface is not more than twenty-four and one half (24.5) square feet, and not more than three and one-half (3.5) feet tall.
3. The sign is not a billboard or non-accessory sign.
4. All wall signs, projecting signs, window signs and roof signs, except directory signs stipulated in Section 16.4.A.5 and traffic signs stipulated in Section 16.4.G are not permitted.
5. The sign message area is comprised of only one flat-face or two parallel flat faces and limited to a maximum thickness of two feet from face to face.
6. The sign is set back at least ten feet from any street, lot line, driveway, walk or parking area surface.

1. Industrial Districts

1. The sign structure is not more than five (5) feet above the mean finished grade and seven (7) feet wide.
2. The sign display surface is not more than twenty-four and one-half (24.5) square feet, and not more than three and one-half (3.5) feet tall.
3. The sign is not a billboard or non-accessory sign.
4. All wall signs, projecting signs, window signs and roof signs, except directory signs stipulated in Section 18.4.A.5 and traffic signs stipulated in Section 18.4.G are not permitted.
5. The sign structure is of a brick or masonry construction, complete with an adequate footing.
6. The area around the sign is populated with at least six well-maintained evergreen shrubs that hide the entire base of the sign.
7. The sign message area is comprised of only one flat face or two parallel flat faces and limited to a maximum thickness of two feet from face to face.
8. The sign is set back at least ten feet from any street, lot line, driveway, walk or parking area surface.

1. Business District Motor Vehicle Fuel Filling Stations

1. These establishments may divide the wall sign provided by Section 18.4.A.1 into separate secondary wall signs, such as a secondary movable letter motor vehicle fuel price sign or signs indicating the separate operations or departments of the premises, provided that the total of the widths of these signs shall not exceed the maximum widths permitted under this by-law.
2. The freestanding landscaped sign permitted by Section 18.4.D.4, if indicating the brand or name of motor vehicle fuel being sold, may include the use of a secondary moveable letter motor vehicle fuel price sign; such sign is not subject to Section 18.4.D.4.D
3. The use of a secondary moveable letter motor vehicle fuel price sign, in the Interest of Public Safety, is subject to the following:

1. The Building Commissioner shall file a written report, including the basis for the determination, relative to the provisions of Section 18.2.F.
2. In the case of a freestanding sign usage, the display surface area shall be located under the freestanding landscaped sign and the price sign shall not be more than one (1) foot in height.
3. The display surface area of a wall sign shall not be more than twelve (12) square feet, or for a freestanding sign, more than seven (7) square feet.
4. Only one price sign is permitted per site and no more than four (4) different motor vehicle fuel prices may be comprised of movable letters.
5. The change in lettering provisions not permitted by Section 18.5 shall not apply to the aforementioned changes in motor vehicle fuel prices.

1. The standard un-illuminated moveable letter motor vehicle fuel price sign attached to each pump with a display surface of not more than thirteen (13) inches wide and eight (8) inches in height for each price, and the standard type of motor vehicle fuel pump bearing thereon the un-illuminated name or type of fuel thereof shall not be deemed to be signs within the meaning of this by-law.

F. Traffic Flow Signs

H. Changeable letter signs shall be allowed by special permit, per Section 18.1.E in

1. The nature of the business is such that special events or scheduling dictates use of such a sign (example: Movie Theaters, Arenas, Farmstands, etc.).
2. The sign shall be permanent in nature except for changeable copy.
3. The sign shall meet the dimensional and illumination limitations for wall or free-standing signs, as applicable, set forth under sections 18.4.D.4 and 18.2.E.

5. NON-CONFORMANCE OF SIGNS

1. Commons, Parks, Playgrounds and Cemeteries are public places laid out for the purpose of rest and/or recreation or burial of deceased, either bequeathed, under trust or control of the Town of Billerica, regulatory control of the Board of Selectmen of the Town of Billerica, or under the control of the Billerica School Department or the Cemetery Commission or any board or commission delegated with the authority of any of the above-named.
2. Custodian is any person over the age of 21, who is loco parentis to a juvenile.
3. Guardian is any person other than a parent, who has legal guardianship of a juvenile.
4. Juvenile is any person under the age of 17 years old.
5. Parent is the natural or adoptive parent of a juvenile.
6. Public Places shall mean any street, road, way or sidewalk which abuts a common, park, playground, school yard or cemetery to which the public have a right of access and shall include a common, park, playground, school yard or cemetery as defined in sub-paragraph (a) herein.
7. Recreation shall mean such game or sport for which a specific area is laid out for or designated in a common, park, playground or school yard. The controlling board or body may allow reasonable alternatives for which their approval is required.
8. Road, Street and Way shall mean any road, street, or way to which the general public has a right of access which abuts a common, park, playground, school yard or cemetery.
9. Town is the Town of Billerica.

2. CURFEW

1. Commons, parks, playgrounds and cemeteries under the direct control of the Town, between the hours of one (1) hour after sunset and one (1) hour before sunrise.
2. Commons, parks, playgrounds and cemeteries under the assigned control of the Board of Selectmen of the Town between the hours of one (1) hour after sunset and one (1) hour before sunrise except from April 1^st to November 1^st between the hours of 10:00 P.M. and 5:00 A.M.
3. EXCEPTIONS to the provisions of Section 2, Sub-paragraphs (1) and (2) shall be those lighted recreational areas, within the parks and playgrounds of the Town or under control of the Board of Selectmen, which shall be between the hours of 12:01 A.M. and 5:00 A.M. from April 1^st to November 1^st of each year.
4. Commons and parks under the control of the School Department, between the hours of one (1) hour after sunset to one (1) hour before sunrise.
5. Playgrounds or school yards under the control of the School Department, shall be those off-limit hours set and posted by the School Department.
6. All public places, roads, streets, way and sidewalks, abutting any of the above mentioned commons, parks, playgrounds and cemeteries shall, during the above mentioned "CURFEW" hours be utilized for the purpose of travel and shall be unlawful for any person to remain idle, loiter or conduct themselves in any form of recreation.

3. AUTHORIZED ACTIVITY BEYOND CURFEW

4. PARENT’S RESPONSIBILITY

It shall be unlawful for a parent, guardian or other adult person having custody or control of any juvenile under the age of 17 to suffer to permit, or by inefficient control to allow such person to be on a common, park, playground or cemetery during the hours of the established "CURFEW" as prescribed, herein, or posted for a particular common, playground, park or cemetery UNLESS such parent, guardian, custodian or other adult person herein has made a missing person notification to the Police Department.

5. PROCEDURE FOR JUVENILES

1. Any police officer of the Town upon finding a juvenile in violation of Section 2 of this By-Law, shall ascertain the true name and address of such juvenile and shall warn the juvenile he or she is in violation of the "CURFEW" and shall direct the juvenile