Massachusetts General Laws
Chapter 43b - Home Rule Procedures
Section 13 - Exercise of Powers and Functions by Municipalities

Section 13. Any city or town may, by the adoption, amendment or repeal of local ordinances or by-laws, exercise any power or function which the general court has power to confer upon it, which is not inconsistent with the constitution or laws enacted by the general court in conformity with powers reserved to the general court by section 8 of Article LXXXIX of the Amendments to the Constitution and which is not denied, either expressly or by clear implication, to the city or town by its charter. Whenever appropriations, appointments, orders, regulations or other legislative or executive actions within the scope of any such ordinance or by-law are necessary in the exercise of any power or function authorized by such ordinance or by-law, any such actions which are to be taken by a city council or town meeting may be taken by ordinance, by-law, resolution, order or vote, and any such actions which are to be taken by executive officers may be taken in any appropriate manner, subject, however, as to both such categories, to all provisions of the ordinance or by-law in question, the city or town charter, and other applicable law. Any requirement that an ordinance or by-law be entitled as such, or that it contain the word ''ordained,'' ''enacted'' or words of similar import shall not affect the validity of any action which is required to be taken by ordinance or by-law. Nothing in this section shall be construed to permit any city or town, by ordinance or by-law, to exercise any power or function which is inconsistent with any general law enacted by the general court before November eighth, nineteen hundred and sixty-six which applies alike to all cities, or to all towns, or to all cities and towns, or to a class of not fewer than two. No exercise of a power or function denied to the city or town, expressly or by clear implication, by special laws having the force of a charter under section nine of said Article, and no change in the composition, mode of election or appointment, or terms of office of the legislative body, the mayor or city manager or the board of selectmen or town manager, may be accomplished by by-law or ordinance. Such special laws may be made inapplicable, and such changes may be accomplished, only under procedures for the adoption, revision or amendment of a charter under this chapter.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title VII - Cities, Towns and Districts

Chapter 43b - Home Rule Procedures

Section 1 - Short Title; Definitions

Section 2 - Adoption, Revision or Amendment of Existing Charter

Section 3 - Petition for Adoption and Revision of Charter; Filing; Objections

Section 4 - Order of Governing Body for Submission of Question of Adoption or Revision of Charter; Nomination and Election of Charter Commission

Section 5 - Charter Commission; Procedure for Nomination and Election of Members

Section 6 - Charter Commission; Number of Members; Election

Section 7 - Charter Commission; Organization; Compensation and Expenses of Members

Section 8 - Charter Commission; Rules and Regulations; Personnel; Funds; Receipts and Expenditures; Office Space and Facilities; Taxation and Borrowing

Section 9 - Hearings Before Charter Commission; Reports of Commission

Section 10 - Amendments to Charter Previously Adopted or Revised Under This Chapter; Procedure

Section 11 - Proposed Charter or Charter Revision; Submission to Voters; Ballot; Copies of Final Report or Proposed Amendment; Adoption of Alternative or Conflicting Provisions

Section 12 - Charter and Charter Amendments and Revisions; Deposit of Certificates; Judicial Notice; Reprints for Distribution

Section 12a - Resubmission of Charter Which Failed of Approval

Section 13 - Exercise of Powers and Functions by Municipalities

Section 14 - Enforcement of This Chapter; Declaratory Relief; Judicial Review

Section 15 - Petitions for Adoption or Revision of Charter or Suggestion of Charter Amendment; Form

Section 16 - Paper or Document Required to Be Filed or Submitted; Presumptions

Section 17 - Election Laws; Applicable and Conflicting Provisions

Section 18 - Method of Electing Officers

Section 19 - Special Laws Enacted After Nov. 8, 1966

Section 20 - Provisions of Charter or Amendment Deemed Consistent With Certain Other Laws