Massachusetts General Laws
Chapter 40 - Powers and Duties of Cities and Towns
Section 39 - Conveying Water Through Another Town; Liability for Damages

Massachusetts General Laws

Part I - Administration of the Government

Title VII - Cities, Towns and Districts

Chapter 40 - Powers and Duties of Cities and Towns

Section 1 - Nature and Scope

Section 1a - District Defined

Section 1b - Districts; Power to Sue and Be Sued; Insurance; Defense of Civil Actions

Section 2 - Towns; Power to Sue and Be Sued

Section 3 - Towns; Power to Hold, Lease and Convey Property

Section 3a - Cities, Towns and Districts; Binding Effect Thereon of Recordable Instruments of Title Affecting Interests in Real Estate as to Good Faith Purchasers Notwithstanding Inconsistency of Law Therewith

Section 4 - Towns; Power to Contract; Purposes

Section 4a - Governmental Units; Joint Operation of Public Activities; Termination of Agreement; ''governmental Unit'' Defined; Financial Safeguards

Section 4a1/2 - Joint Powers Agreements

Section 4d - Contracts With State or Public Authority for Construction of Public Works

Section 4e - Education Collaboratives

Section 4f - Purchase of Clothing or Apparel; Restrictions

Section 4i - Growth and Development Policy Committees; Definitions

Section 4j - Public Safety Mutual Aid Agreement; Procedure for Joining Agreement; Requests to Receive Assistance; Rights and Responsibilities of Requesting and Sending Parties

Section 4k - Public Works Municipal Mutual Aid Agreement; Procedure for Joining Agreement; Advisory Committee; Requests to Receive Assistance; Rights and Responsibilities of Requesting and Sending Parties

Section 5 - Appropriation of Money for Exercise of Corporate Powers

Section 5a - Cities; Reserve Funds for Extraordinary Expenditures; Establishment

Section 5b - Stabilization Funds; Establishment

Section 5c - Districts; Reserve Funds for Extraordinary Expenditures; Establishment

Section 5d - Contributory Retirement System Funds; Recovery of Pension Costs

Section 5e - Unemployment Compensation Fund; Deposit and Investment; Payments

Section 5f - Ambulance Services; Recreational Facilities; Service Charges; Credit Card Payments

Section 5g - Municipal Waterways Improvement and Maintenance Funds

Section 5h - Centennial Celebrations; Funds

Section 6 - Towns; Reserve Funds for Extraordinary Expenditures; Establishment

Section 6a - Advertising

Section 6b - Uniforms and Other Outer Clothing for Members of Police and Fire Departments and Shellfish Constabulary; Clothing Allowance

Section 6c - Removal of Ice and Snow From Private Ways; Conditions

Section 6d - Removal of Ice and Snow From Private Ways; Submission to Electorate; Ballot

Section 6j - Stormy Weather Work Clothes; Purchase

Section 6k - Uniforms of Public Health Nurses; Purchase

Section 6l - Stormy Weather Work Clothes; Lease or Rental

Section 6n - Private Ways; Temporary Repairs, Ordinances or By-Laws

Section 6o - Group Life Insurance Premiums; Permanent Employees

Section 7 - Removal of Ice and Snow From Sidewalks in Towns

Section 7a - Prevention of Automobile Accidents

Section 8 - Enforcement of Laws Relating to Civil Service

Section 8a - Development and Industrial Commission; Establishment; Duties; Membership; Tenure; Removals; Vacancies

Section 8b - Council on Aging; Establishment; Annual Reports; Recommendations by Department; Clerks and Employees

Section 8c - Conservation Commission; Establishment; Powers and Duties

Section 8d - Historical Commission; Establishment; Powers and Duties

Section 8e - Youth Commission; Establishment; Powers and Duties

Section 8f - Consumer Advisory Commission; Establishment; Annual Report; Clerks and Employees

Section 8g - Mutual Police Aid Programs; Agreements

Section 8h - Recycling Programs

Section 8i - Energy Resources Commission; Powers and Duties

Section 8j - Disability Commission; Powers and Duties; Members; Terms

Section 8k - Mapping Commissions; Powers and Duties; Members

Section 8l - Municipal Agricultural Commission

Section 9 - Lease of Building Space for Veterans' Organizations; Limitations; Erection of Armories; Celebration of Holidays

Section 10 - Public Markets; Establishment; Conditions; Regulation

Section 11 - Prevention of Forest Fires

Section 11a - Beach Districts; Formation

Section 12 - Public Baths and Wash Houses

Section 12b - Beaches for Public and Recreational Uses; Formation of District; Membership of Control Commission; Annual Audit

Section 12c - Construction of Beach Facilities; Rules and Regulations

Section 12d - Authority to Incur Indebtedness; Limitation

Section 12e - Treasurer of District; Appointment; Bond; Powers and Duties

Section 12f - Employees

Section 12g - Leasing of Concessions; Procedure

Section 13 - Municipal Buildings Insurance Fund; Management; Use

Section 13a - Workers' Compensation Insurance Funds; Management

Section 13b - Residence Quarters for School Physicians

Section 13c - Workers' Compensation Claims Reserve Funds

Section 13d - Reserve Fund for Future Payment of Accrued Liabilities for Compensated Absences Due Employee or Officer of Town Upon Termination of Employment

Section 13e - School District Reserve Funds to Pay for Unanticipated or Unbudgeted Costs for Special Education, Out-of-District Tuition or Transportation

Section 14 - Purchase of Land; Conditions; Limitations; Definition

Section 15 - Abandonment of Rights in Realty; Conditions

Section 15a - Transfer of Land; Procedure

Section 15b - Water Supply Works; Sale or Exchange of Property

Section 15c - Scenic Road Designations; Improvements; Fines

Section 16 - Street Sprinkling

Section 17 - Assessment

Section 18 - Collection of Assessment

Section 19 - Appropriation of Money for Providing Common Necessaries During War or Other Public Exigency; Purposes; Use of Funds

Section 20 - Selling Price of Necessities; Accounting

Section 21 - By-Laws of Towns; Purpose

Section 21a - Powers of Cities and Towns; Regulation of Working Conditions of Employees

Section 21b - Personnel Relations Review Board; Establishment; Purpose; ''grievance'', Defined

Section 21c - Union Conventions; Leave of Absence

Section 21c1/2 - Employees Who Are Veterans; Participation in Veterans or Memorial Day Exercises; Time Off Granted; Exceptions

Section 21d - Noncriminal Disposition of Ordinance, By-Law, Rule or Regulation Violations

Section 21e - Municipal Charges and Bills; Due Dates; Interest

Section 22 - Regulation of Vehicles; Penalties for Violation; Disabled Veterans and Handicapped Persons Excepted From Parking Violations; Taxicab Licenses

Section 22a - Parking Meters; Fees; Exemption From Fees for Disabled Veterans and Handicapped Persons; Bicycle Locking Devices; Motorcycle Parking; Restricted Parking Areas for Veterans and Handicapped Persons

Section 22a1/2 - Parking Benefit Districts

Section 22a3/4 - Designation of Parking Space for Veteran Parking at City or Town Hall

Section 22b - Acquisition and Maintenance of Off-Street Parking Areas and Facilities; Conditions; Exceptions

Section 22c - Off-Street Parking Lots; Installation of Parking Meters and Other Devices; Use of Receipts

Section 22d - Vehicles Parked in Violation of Law; Removal

Section 22e - Lease of Air Space Above Structures and Facilities

Section 22f - License Fees; Service Charges; Acceptance of Section

Section 22g - Funds Received From Fines for Handicap Parking Violations; Deposits in Account; Expenditures

Section 23 - Powers of Cities; Regulation of Erection and Maintenance of Balustrades; Penalty for Violation

Section 24 - Powers of Cities; Regulation of the Quality of Ice; Penalty for Violation

Section 31 - Powers of Towns; Performance of Duty Imposed by By-Laws

Section 32 - Validation of By-Laws; Procedure

Section 32a - Publication of Ordinances

Section 32b - Publication of Compilations of Zoning Ordinances; Supplements; Distribution and Sale

Section 33 - Rules and Regulations Promulgated by Town Boards; Filing

Section 34 - Town; Erection and Maintenance of Lockup; Penalty for Noncompliance

Section 35 - Keeper; Appointment; Oath; Penalty for Failure to Appoint Keeper

Section 36 - Keeper; Powers; Compensation; Fees

Section 36a - Report of Death or Suicide of Lockup Inmates; Records of Attempts At, or Threats Of, Suicide

Section 36b - Cells; Protective Coverings, Electronic Audio Systems and Electronic Security Devices

Section 36c - Police; Training in Suicide Detection, Intervention and Prevention

Section 37 - Accessibility of Lockup to Police; Penalty for Refusing Access

Section 37a - Curfews; Imposition; Penalties

Section 38 - Purchase, Development and Use of Public Water Supply

Section 39 - Conveying Water Through Another Town; Liability for Damages

Section 39a - Water Supply or Distributing System; Establishment; Maintenance and Operation; Exception

Section 39b - Acquisition of Land and Water; Conditions

Section 39c - Construction and Maintenance of Dams, Wells, Reservoirs and Other Buildings; Conditions

Section 39d - Surveys

Section 39e - Management of Water System

Section 39f - Damages

Section 39g - Pollution of Water; Damage to Property; Penalties

Section 39h - Right to Aid Other Governmental Units; Compensation

Section 39i - Water Meters; Testing

Section 39j - Pricing System; Costs

Section 39k - Drinking Water Protection District; Establishment; Commission; Pricing System; Fund

Section 39l - Water or Sewer Service Charges; Descending Unit Rate Basis

Section 39m - Water Infrastructure Surcharge on Real Property; Exemptions; Appeal; Municipal Water Infrastructure Investment Fund

Section 41 - Protection of Water Supply; Conditions

Section 41a - Use of Water in Emergencies

Section 42 - Laying Pipes and Conduits

Section 42a - Collection of Rates and Charges for Supplying of Water; Lien for Delinquent Charges

Section 42b - Effective Date of Lien; Termination; Enforcement

Section 42c - Unpaid Charges; Report to Tax Collector

Section 42d - Unpaid Charges; Collection as Part of Property Tax

Section 42e - Abatements; Appeals

Section 42f - Recovery of Delinquent Charges From Tenants

Section 42g - Distribution of Water; Payment of Costs by Special Assessment

Section 42h - Uniform Rate of Assessment

Section 42i - Recordation of Assessment to Establish Lien on Property; Amount of Assessment; Extension of Time for Payment

Section 42j - Deferral of Charges

Section 42k - Assessment of Betterments

Section 43 - Authorization for Laying of Pipes for the Transmission of Steam or Hot Water

Section 43a - Permission to Construct Pipelines for Conveying Petroleum or By-Products Thereof; Conditions

Section 44 - Improvement Districts; Purposes; Membership; Tenure; Powers and Duties

Section 44a - Regional Refuse Disposal Planning Committee

Section 44b - Regional Refuse Disposal Planning Board; Study of Creation of District; Expenses of Board; Refuse Disposal Facility Defined

Section 44c - Regional Refuse Disposal Planning Board; Agreement for Establishment of District

Section 44d - Report of Board

Section 44e - Acceptance of Recommendation; Election; Establishment of District

Section 44f - General Powers of District

Section 44g - Exercise of Powers; Officers of Committee

Section 44h - Maintenance and Operating Expenses; Debts; Determination and Apportionment

Section 44i - Annual Audit and Report; Costs

Section 44j - Sale, Lease or License of Lands or Facilities to Refuse Disposal Districts

Section 44k - Bonds and Notes; Limit of Indebtedness

Section 44l - Issuance of Debt Obligations to Pay for Project Costs

Section 45 - Recognizance; Permission to Designate an Agent

Section 46 - Certification of Claims

Section 47 - Town Seal; Establishment; Use

Section 48 - Establishment of Suitable Place to Keep Books; Penalty for Noncompliance; Custody of Books and Records

Section 49 - Annual Town Reports; Publication; Penalty for Noncompliance

Section 50 - Annual Town Report; Copy to State Library

Section 51 - Publication of Information Concerning Persons Receiving Aid From Governmental Agencies Forbidden; Exceptions; Penalties

Section 52 - Size of Official Letters

Section 53 - Restraint of Illegal Appropriations; Ten Taxpayer Actions

Section 54 - Building Permit Restrictions; Availability of Water Supply; Disposal of Debris

Section 54a - State Consent to Issuance of Permit to Build on Lands Formerly Used as a Railroad Right-of-Way; Damages in Absence Thereof

Section 55 - Annuity Contract, Custodial Account or Other Investment for Hospital Employees

Section 56 - Percentages of Local Tax Levy for Property

Section 57 - Local Licenses and Permits; Denial, Revocation or Suspension for Failure to Pay Municipal Taxes or Charges

Section 58 - Municipal Charges Lien

Section 59 - Tax Increment Financing Plan

Section 60 - Urban Center Housing Tax Increment Financing Zone (Uch–tif)

Section 60a - Manufacturing Workforce Training Tax Increment Financing Plan

Section 60b - Workforce Housing Special Tax Assessment Plan

Section 61 - Definitions Applicable to Secs. 61 to 69

Section 62 - Contracts for the Inspection, Maintenance, Repair or Modification of Water Storage Facility Authorized

Section 63 - Term of Contract Awarded Under Sec. 62 and Option for Renewal or Extension; Contents of Contract and Obligations Thereunder; Requirements Relating to Capital Modifications, Capital Repairs, Installation of Equipment and Systems or Second...

Section 64 - Solicitation of Proposals; Statement of Compliance With Occupation Health and Safety Requirements

Section 65 - Acceptance of Proposal and Award of Contract; Notice; Statement of Reasons for Acceptance

Section 66 - Terms and Conditions of Contract Awarded Under Secs. 61 to 69; Bond or Other Security for the Obligation of Selected Offeror

Section 67 - Project Approval Certificates From Department of Environmental Protection

Section 68 - Contracts Made in Violation of Secs. 61 to 69 Void and Unenforceable

Section 69 - Public Notice of Request for Proposal