Vermont § 104 - Ordinances

§ 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
  the official newspaper established by the Selectboard together with a notice of the
  time and place of a public hearing to consider the ordinance change for final passage,
  as well as electronically. 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 the official newspaper established by the Selectboard, posted in four or more public
  places in the Town and electronically on a day not more than 14 days after adoption. (4) Every ordinance shall become effective 60 days after adoption unless the Selectboard
  specify a longer period. If within 60 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. 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 by Australian Ballot. (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 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 on and
  after the effective date of this act 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. (2) A fine in an amount not greater than $800.00. (3) Each week a violation continues shall constitute a separate offense. (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
  44 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 by Australian Ballot. (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 subsection 104(c) of this charter. (Amended 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)