§ 129-104. Ordinances

(a) General. To adopt ordinances and regulations for the protection of persons and property both public and private and for the betterment of the community.

(b) Adoption by Selectboard.

(1) If the Selectboard desires to adopt a new ordinance or amend or repeal an existing ordinance, they shall cause it to be entered in the official record kept of their proceedings. The new or amended section of the ordinance shall then be published in a newspaper of general circulation in the Town together with a notice of the time and place of a public hearing to consider the ordinance change for final passage. Such publication to be on a day at least one week and not more than two weeks prior to the date of hearing.

(2) At the public hearing, the new or amended section shall be read in full, unless the Selectboard elects to read the ordinance by title only. After such reading, all persons interested shall be given an opportunity to be heard.

(3) After the public hearing, the Selectboard may adopt the ordinance with or without amendment. If they amend the ordinance prior to passage, they shall cause the amended ordinance to be entered in the official record of their proceedings and shall also cause the entire section of the ordinance, as amended and passed, to be published in a newspaper of general circulation in the Town and posted in four or more public places in the Town on a day not more than 14 days after adoption.

(4) Every ordinance shall become effective 40 days after adoption unless the Selectboard specify a longer period. If within 40 days after adoption, a referendum petition is filed as in subsection (f) of this section, the ordinance shall not become effective until after the question of repeal is voted.

(c) Initiative. Any lawful ordinance may be enacted by vote of the Town as follows:  A petition signed by not less than five percent of the registered voters shall be filed with the Town Clerk requesting enactment of the ordinance and accompanied by the text thereof. The warning for the next annual Town meeting shall include the text of the proposed ordinance and shall provide for a "yes" or "no" vote.

(d) Filed with Town Clerk.

(1) The Selectboard shall record publications, postings, considerations, and adoption of ordinances with the Town Clerk.

(2) A certificate by the Clerk of the municipality, showing the publication, postings, consideration, and adoption of ordinances or amended ordinances shall be presumptive evidence of the facts as they relate to the lawful adoption of said ordinances or amended ordinances thereof so stated in any actions or proceedings in court or any other tribunal.

(3) The Town Clerk shall prepare and keep in the Town Clerk's office a book of ordinances. Failure to comply with this provision shall not invalidate any Town ordinance lawfully enacted.

(e) Penalties; Limitations.

(1) A fine in an amount not greater than $500.00.

(2) Each week a violation continues shall constitute a separate offense.

(3) A violation of a Town ordinance shall be classified as a misdemeanor or a rule violation in the same manner as it would be classified by the general State statutes now or hereafter enacted and prosecuted accordingly. The Town may maintain an action to enjoin the violation of any ordinance or rule, but the election of the Town to proceed under this subsection shall not prevent prosecution for the violation of the ordinance.

(f) Referendum.

(1) A Town ordinance may be repealed by vote of the Town as follows: A petition requesting a vote on the question of repealing the ordinance shall be signed by not less than five percent of the registered voters and shall be filed with the Town Clerk within 40 days following the date of adoption of the ordinance by the Selectboard. The Selectboard shall call a special Town meeting to be held within 60 days of the date of filing the petition to vote by Australian ballot on whether or not the ordinance shall be repealed. The warning shall include the text of the proposed ordinance and shall provide for a "yes" or "no" vote.

(2) If a Town ordinance has been considered by referendum vote in accordance with the provisions set forth in this section, a petition to reconsider said referendum vote shall not be permitted except as provided for in section 104(c) of this charter.