Arlington Vermont

Municipal Government

Town Ordinances


ARLINGTON TOWN ORDINANCES IN EFFECT AS OF NOVEMBER 2, 1997

TRAFFIC ORDINANCE – DATED DECEMBER 5, 2001

SCHOOL ZONE TRAFFIC ORDINANCE – DATED AUGUST 2, 1971

FREE FLOW OF TRAFFIC – DATED NOVEMBER 5, 1979

SIGN ORDINANCE – DATED OCTOBER 18, 1973

PEDLARS ORDINANCE – DATED JULY 15, 1977

DOG ORDINANCE – DATED JULY 15, 1996

ALARM ORDINANCE – DATED MARCH 7, 1983

RIGHT OF WAY ORDINANCE – DATED SEPTEMBER 21, 1987

OPEN CONTAINER – DATED NOVEMBER 22, 1985

PUBLIC NUISANCE – DATED AUGUST 20, 1973

STREET NAMING ORDINANCE – DATED DECEMBER 18, 1995

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NOTICE

ADOPTION OF A REVISED DOG ORDINANCE

IN THE TOWN OF ARLINGTON

THIS IS IN ACCORDANCE WITH CHAPTER 59 OF TITLE 24 V.S.A., AND CHAPTER 59 OF TITLE 24 V.S.A. 1972 (c). THE DOG ORDINANCE WILL BECOME EFFECTIVE DECEMBER 8, 1984 UNLESS PETITTIONED BY 5% OF THE QUALIFIED VOTERS AND PRESENTED TO THE TOWN CLERK BY NOVEMBER 22, 1984, PER SECTION 1973 OF CHAPTER59, TITLE 24 V.S.A.. QUESTIONS CONCERNING THE ORDINANCE MAY BE DIRECTED TO SELECTMAN, CLARENCE CURTIS, EAST ARLINGTON, VT., 375-6608.

REVISED DOG ORDINANCE

  1. DEFINITIONS
  2. RUNNING AT LARGE  PROHIBITED
  3. NUISANCES
  4. INJURY TO PROPERTY
  5. VIOLATION
  6. DOG IN HEAT
  7. LEASHING
  8. DOG WARDEN
  9. IMPOUNDMENT
  10. PENALTIES

1) PURPOSE

This ordinance has been adopted for the purpose of protection public health, safety, order and the residents’ right to the quiet enjoyment of their property. The regulations set forth herein seek to achieve the aforementioned objectives by promoting the responsible care and supervision of domestic pets within the Town by their owners.

2) STATUTORY AUTHORITY

This Ordinance has been promulgated under the authority granted by the Town’s Board of Selectmen by 20 V.S.A. Section 3549 and 24 V.S.A. Section 2291(10)

3)      CIVIL DESIGNATION

A violation of this Ordinance shall be a matter enforced in accordance with the provisions of 24 V.S.A.  Section 1974a.

4) DEFINITIONS

DOG means any animal of canine species.

OWNER shall mean and include every person or any person having a right of property in a dog and every person or any person who has such dog in his keeping including any person or any group of persons who permit any dog to be or remain in or about the property of any such person or group of persons.

VICIOUS DOG A dog which causes reasonable fear of bodily injury by attacking and making threatening pursuit or contact or by biting a person lawfully upon the premises or the place of such attack.

5)      RUNNING AT LARGE PROHIBITED

Running at large means a dog off the premises of the owner and not under the control of the owner or a member of his immediate family either by leash, cord, chain or otherwise. Any portion of a public highway including but not limited to the shoulder of the road and side walks shall not by construed as the premises of the owner adjoining such public highway or side walk.

The owner of a dog or keeper may have his dog off his premises only when the dog is:

(1)      Securely held on a leash

(2)      Within a vehicle preventing escape

(3)      Hunting with its owner or keeper\

(4)      Clearly subject to the verbal or signaled command of such owner or keeper and within sight of the owner or keeper and not trespassing upon or damaging the property of others. A presumption  shall arise hereunder that a dog is not clearly subject to the verbal or signaled command of such owner or keeper if it bites or otherwise comes into physical contact with any animal or person other that the owner or keeper.

  1. NUISANCES PROHIBITED

No person shall keep or harbor any dog which:

(1)      by frequent habitual barking, or howling or yelping disturbs peace and quiet of person of ordinary sensibility;

(2)      attacks or bites any human being;

(3)      repeatedly pursues or chases pedestrians;

(4)      repeatedly pursues or chases vehicles;

(5)      repeatedly attacks other dogs, livestock, poultry or other domestic animals;

(6)      chases or pursues deer;

(7)      repeatedly causes disturbance or interference at the school grounds or other public places in the Town of Arlington.

Any such conduct is hereby declared to be a public nuisance.

  1. INJURY TO PROPERTY

No person owning, keeping or harboring a dog shall permit or suffer it to do any injury or to do any damage to any lawn, shrubbery, flowers, grounds or property of any other person.

  1. VIOLATION

Any dog within the limits of the Town of Arlington found in violation of this ordinance or in violation of any of the provision of 20 V.S.A. 3341 et seq, shall be impounded and the penalty provisions of this ordinance and of the Statutes of the State of Vermont shall be enforced by the dog warden or any other person designated by the Board of Selectmen.

  1. DOG IN HEAT

Any dog in heat shall be kept confined within a secured building or fence or attended on a leash, at all times, and shall not be permitted to be at large within the Town of Arlington.  Any dog in heat kept in violation of this ordinance shall be impounded, as a nuisance, and the owner subject to a fine by the dog warden or other person designated by the Board of Selectmen.

  1. LEASHING

Any complaints for violating any of the aforementioned provisions may be presented in writhing to the Board of Selectmen if leash restraints are sought to be imposed. Thereafter it shall be the duty of the dog warden or other person designated by the Board of Selectmen to investigate such complaint. When a dog is complained against, said designated individual shall investigate said complaint and report the facts thereof to the Board of Selectmen who shall cause the owner or person harboring such dog to be notified in writing of the complaint and to appear before the Board of Selectmen at a stated time and place set for such hearing. The Board of Selectmen shall inquire into the facts and give all persons an opportunity to be heard, under oath, and to be represented by counsel.

If the Board of Selectmen shall decide in accordance with the evidence presented that the dog complained of has violated any of the foregoing provisions, written notice of such decision shall be given to the owner or person harboring such dog.  Thereafter, no such dog shall be permitted to run at large, or be upon any public road or place in the Town of Arlington except while securely confined and controlled by an adequate leash.  Furthermore, the person owning or harboring a dog found in violation of this ordinance shall take appropriate measure to house said dog in such a manner that the existing peace and quiet of the people of the Town of Arlington shall not be disturbed.

  1. DOG WARDEN

It shall be the duty of the dog warden to enforce the provisions of this ordinance. The Selectmen may appoint a dog warden or any person to serve as acting dog warden.

  1. IMPOUNDMENT

Any dog found in violation of this ordinance or in violation of the terms or provisions of 20 V.S.A. 3341 et seq. or violation of any other law of the State of Vermont shall be impounded at Animal Control or the Animal Shelter and there confined in a humane manner for a period of five (5) days unless sooner known, of the dog’s impoundment and it’s place of confinement. After five (5) days the dog becomes the property of Animal Control, to be placed for adoption of humanely euthanized at the discretion of the dog warden. The owner/keeper shall be liable for all costs incurred by the Town if the dog is not claimed after five (5) days.

If the owner or keeper of an unlicensed dog is located and wishes to claim the dog, the dog warden shall not release the dog until evidence of rabies inoculation (within one year) is shown and a license obtained. In lieu of this, the warden shall collect the proper sum of money to forward to the dog owner’s veterinarian and to the Town Clerk for vaccine and license. The owner shall also pay to the Town a fine of $10.00 plus any impoundment charges. If the dog has been disposed of, the owner/keeper shall be liable for all costs incurred by the Town.

Bites; When a domestic pet or wolf-hybrid has bitten a person or another animal while off the premises of an owner or keeper and the person or animal bitten requires medical attention, such person or animal may file a complaint describing the nature of the attack with the Town’s Board of Selectmen. Within seven days of the complaint, the Board of Selectmen shall conduct an investigation and notify, when possible to ascertain such, the owner or keeper of the domestic pet or wolf-hybrid as to the date and time of the investigative hearing.

When it is determined that a bite occurred without provocation, the Board of Selectmen shall make an order of protection which may include, but is not limited to, the confinement, chaining, muzzling, or humane destruction of the animal in question.  The order will be sent to the owner or keeper by certified mail, return receipt requested. Failure to comply with the order will subject the owner or keeper to the penalties provided in 20 V.S.A. Section 3551, as amended.

  1. PENALTIES

Any person who violates any licensing provision of this Ordinance shall be guilty of a misdemeanor and fined $10.00 if the dog is not licensed by April, but is subsequently licensed on or before May 30. The owner of a dog on the unlicensed dog list given to the Selectmen by the Town Clerk after May 30 will be subject to a fine of $150.00

(A)       The owner of an unlicensed dog which is not o the unlicensed dog list given to the Selectmen by the Town Clerk after May 30 will be subject to a $10.00 fine. The owner shall be given a two week period following receipt of notification of violation to comply with the licensing requirements of this Ordinance, and if they fail to properly license the dog and pay any and all outstanding costs and fines within two weeks of receipt of said notice, then they will be subject to a fine of $150.00.

(B)       Any person who violates any non-licensing provision of this Ordinance shall be guilty of a misdemeanor and shall be fined $35.00 for the first offense, $75.00 for the second offense thereafter. In addition to the above, said person shall be responsible for all impoundment and boarding fees and all costs incurred by the Town of Arlington in prosecuting and violation for this Ordinance or related Vermont Statutes, including but not limited to, attorney’s fees. The time period for determining repeat offenses shall be two years from the time of the first offense.

(C)       Prompt compliance with a citation shall entitle the party cited to pay a waiver fine in lieu of the statutory fine. Prompt compliance shall be receipt of the fine and any applicable costs by the Town of Arlington within five working days of the citation. Waiver fines shall be $15.00 for the first offense and each offense thereafter. Notwithstanding anything hereinabove stated, no waiver fines shall be available with respect to violation of any of the licensing provisions of this Ordinance.

/s/Clarence Curtis, Chairman

/s/Lawrence Molloy

/s/ Keith Squires

/s/ Richard King

/s/ Daniel Harvey

Arlington Board of Selectmen

Dated this July15,1996

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NOTICE

TO: THE RESIDENT VOTERS OF THE TOWN OF ARLINGTON, VERMONT

On March7, 1983, the Selectmen of the Town of Arlington duly adopted the following alarm system ordinance and the same has been posted in five (5) conspicuous places within the Town of Arlington.  This publication and notice is being given pursuant to

24 V.S.A. 1972.  Unless a petition signed by five (5) percent of the registered voters of the Town of Arlington is filed with the Town Clerk within forty-five (45) days of the date the Selectmen adopted the ordinance, the ordinance will be in full force and effect sixty (60) days from the date Selectmen adopted same.  If a petition to disapprove the ordinance is filed with the forty-five (45) day period the Selectmen shall call a special meeting within sixty (60) days of the receipt of the petition and a majority of the qualified voters voting at said meeting may defeat the adoption of the ordinance.

TOWN OF ARLINGTON

FIRE ORDINANCE

ALARM SYSTEM ORDINANCE

For the purpose of promoting the public health, safety, welfare and convenience of the citizens of the Town of Arlington and to provide procedures to allow warning devices that directly notify Fire, Rescue, Police or other emergency services, the Selectmen of the Town of Arlington have adopted the within Ordinance:

SECTION I.   Definitions. For the purposed of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein.  The work “shall” is to be construed as mandatory and merely directory.

(a)                “Alarm System”  Any alarm device which automatically dials the Fire Department Red Phone Alerting System or other emergency telephone number and uses a pre-taped or prerecorded message to alert that an emergency exists or that the services of such department are needed.  “Alarm system” shall also mean any alarm device which automatically emits an audible, visual or other response upon the occurrence of any hazard or emergency and is intended to alert persons outside the building to the existence of said hazard or emergency.  The term includes fire alarms but does not include alarm signals transmitted to privately operated central stations.

(b)               “Dial Alarm or Dialing Device”  Any alarm device which is a telephone device or telephone attachment which automatically  or electronically selects a telephone line connected to the fire department or other emergency services and reproduces a prerecorded message to report an emergency requiring Fire Department or Rescue Squad response.

(c)                “False Emergency Alarm”  Any signal actuated by an emergency alarm to which the Fire Department or Rescue Squad responds which is not the result of a fire, accident or other emergency.

(d)               “ Excessive False Alarms”  Two (2) false alarms within six (6) calendar months.

(e)                “ Emergency Number”  Fire Department Red Phone Alerting System” Any telephone number designated by the Fire Chief as a telephone number through which members of the public may report an emergency or request public assistance.

SECTION II.  Dialing Devices. All dialing devices operated by automatic means shall transmit messages only to such numbers as may be designated for that purpose by the Fire Chief.  After six(6) months following the effective date of this ordinance, no person shall use, operate or install any device which will, upon activation by automatic means initiate the dialing, calling or other connection with the Fire Department or Rescue Squad either at its regularly constituted telephone number or any other number which may be designated by said Fire Chief  as an emergency number hereunder, except in accordance with this Ordinance.

SECTION III  Procedures. Any person or persons who shall install or have installed any type of fire or smoke detection system which is linked to the Fire Department Red Phone Alerting System ( 375-2500), shall comply with the following:

(a)      Said person or persons shall notify the Fire Department prior to the hook-up

(b)      Said person or persons shall notify the telephone company when alarms are connected to their phone number.

(c)      Said person or persons shall furnish to the Fire Department floor plans of the building with the type of detectors and the location of each.

(d)      Indicate the main control box for the system on the floor plan.

(e)      Furnish and emergency telephone number and/or keys to the Fire Department for access and notification of the alarm.

(f)        Agree to disconnect the alarm system from the Red Phone System in the event of excessive false alarms.

SECTION IV     Limitations on Dialing Devices.  No person shall use, operate or install any dialing device that will, upon activation, automatically dial, call or connect with the telephone number designated by the Fire Chief, for the purpose of receiving such alarm messages, more than twice for any one (1) incident.  Any system installed on or after the effective date of this Ordinance must comply with this Section.  Pre-existing installations must comply with this Section.  Pre-existing installations must comply within six (6) months of the effective date of the Ordinance.

SECTION V   Delay. When the alarm system permits, upon activation of the alarm, there shall be a mandatory delay of at least fifteen (15) seconds before the transmission of a signal to the Fire Department to enable the user to abort the signal in the event that it was triggered inadvertently. This delay shall not be applicable to a fire, robbery (holdup) or medical emergency alarm. Any system installed on or after the effective date of this Ordinance must comply within six (6) months of the effective date of this Ordinance.

SECTION VI     Timing Device. The user of any alarm system emitting an audible, visual or other response shall, at the time such system is installed, or within six (6) months of the effective date of this Ordinance in the case of existing systems, install or cause to be installed an automatic timing device which shall deactivate such alarm so that it will be and remain activated for no more than thirty (30) minutes.

SECTION VII   Filing Requirements. In addition to the requirements set forth in Section III “Procedures” hereof, the user of any alarm system shall, within ten (10) days of the installation thereof or within sixty (60) days of the enactment of this Ordinance, file the following information with the Fire Chief of the Town:

(a)     Type of alarm system.

(b)    Street address and / or nearest cross street of the building which houses the alarm.

(c)     In the case of a commercial premises, the name, address and telephone number of an authorized representative and /or alternative who sill ba able to respond when called by the fire department to deactivate the alarm system, if necessary.

(d)    In the case of a private residence, the name, address and telephone number of a person residing within ten miles of the alarm who is not a resident of the private residence in question and who will be able to deactivate the alarm system.

Such filing requirements are applicable to all alarm systems, whether the same are or are not directly connected to the fire department or are merely audible alarms.  Such filing must be made within the time period specified above even though there shall have been previous notification of the existence of such alarm system to the Fire Department.

SECTION VIII   Permit;  Fee;  Revocation.

(a)       The fire Chief is hereby authorized to grant a revocable permit to any owner, lessee or occupant of property located in the Town to operate, maintain, install or modify a fire or smoke detection device which is linked to the Fire Department Red Phone Alerting System, and no such device shall be operated unless such permit shall have first been issued.

(b)      The Fire Chief shall charge a fee of One Dollar ($1.00)  for the issuance of any such permit.

(c)       A permit issued pursuant to this ordinance may be revoked for good cause at any time or from time to time by the Fire Chief upon the giving of ten (10) days’ notice in writing, by registered or certified mail, to the permittee, sent to the address shown on any such permit. The violation of this Ordinance, following conviction therefore, shall constitute grounds for the revocation of the permit; The failure of the Fire Chief to revoke the permit following finding that there has been a violation of this Ordinance shall not be deemed a waiver of the right to revoke the permit.

SECTION IX   False Alarms. It shall be a violation of this Ordinance to intentionally cause a false alarm, and any person who intentionally causes a false alarm shall be subject to the penalty provisions hereof.

SECTION X    Disconnection. In the event that an alarm system emitting an audible, visual or other similar response shall fail to be deactivated within the time limitation specified above, the Town shall have the right to take such action, including entry, as may be necessary in order to disconnect any such alarm.

SECTION XI    Penalties for Offenses.  Any person who violates the provisions of this Ordinance shall be guilty of a violation and, shall be subject to such fine as may be imposed by the Board of Selectmen or Justice of the Peace or Vermont District Court in accordance with the provisions of law. Failure to comply with the requirements set forth above shall result in a fine of $25.00 for each violation.

SECTION XII   Severability If any part or parts of this Ordinance are for any reason held to be invalid, such decision shall not affect the validity of the remaining potions of this Ordinance. The Board of Selectmen hereby declares that it would have passed this Ordinance and Section, subsection, sentence, clause and each phrase irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases might be declared invalid.

TOWN OF ARLINGTON ALARM SYSTEM ORDINANCE

ARLINGTON BOARD OF SELECTMEN

Clarence Curtis, Chairman

Ralph Sherwin

Lawrence E. Molloy

Keith Squires

Philip Pugliese

Dated this 7th of March, 1983, Arlington, Vermont

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BOARD OF SELECTMEN

ARLINGTON, VERMONT

FREE FLOW OF TRAFFIC

ORDINANCE #7

SEPTEMBER 6, 1977

ADDITION APPROVED NOVEMBER 5, 1979

PURSUANT TO  Section 1008, Chapter 13, Title 23, Vermont Statutes Annotated, to provide for the free flow of traffic and safe operation of motor vehicles in and on the highways and roads in the Town of Arlington,

BE IT ENACTED AND ORDAINED by the Board of Selectmen, Town of Arlington, County of Bennington, Vermont, as follows:

Section 1:         It shall be unlawful to park a motor vehicle on any of the following designated areas:

(a)    Within two hundred feet (200’) of the Arlington Rescue Squad Building on Railroad Avenue.

Section 2:         It shall be unlawful to park a motor vehicle on any of the following designated streets or portions thereof between the hours of 10:00 p.m. to 6:00 a.m.:

(a)                Church Street from its northernmost intersection with Route 313 to its southernmost and intersecting with Route 7

Section 3:         It shall be unlawful to park a motor vehicle in any of the following manners:

(a)                Within six feet of either side of a public or private driveway;

(b)               In such a manner as to face against the flow of traffic;

(c)                Within fifteen feet of any intersection;

(d)               In any manner so as to interfere with the free flow of traffic upon the used portions of any highway or road within the Town of Arlington.

Section 4:         A person who violates any of the provisions of the foregoing Ordinance shall be fined not more than $50.00.

Henry Breunich, Jr.

George Novotny

G. Orlando Cullinan

Board of Selectmen

Ordinance #7 was passed at Selectmen’s Meeting on September 6, 1977- 7pm

Posted in 5 Public Locations and the Bennington Banner, as required by law. On file in Town Clerk’s Office in Arlington.

Addition approved at Selectmen’s Meeting on November 5,1979 as follows:

Section 5:  It shall be unlawful to park a motor vehicle on any of the following designated areas:

(a)    No parking at any time for a distance of 200 feet on the south side of Old Mill Road from Maple Street East.

(b)    No parking at any time for a distance of 300 feet on the west side of Maple Street north from Old Mill Road.

(c)    No parking at any time where signs are placed at both Fisher Elementary School and Arlington  High School.

Henry Breunich, Jr.

Ralph Sherwin

Bruce Barger

Board of Selectmen

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TOWN OF ARLINGTON

TRAFFIC ORDINANCE

DECEMBER 5, 2001

THIS ORDINANCE IS ADOPTED PURSUANT TO 24 V.S.A. 2291 (4) AND 23 V.S.A. 1007 AND 1008 OF THE VERMONT STATUTES

SECTION I

The Board of Selectmen of the Town of Arlington has determined on the basis of engineering and traffic investigations that under conditions found to exist upon the highways within the limits of the Town of Arlington that reasonable and safe maximum speed limits, except where governed by State Law and beyond the jurisdiction of the legislative body of a municipality, shall be as follows:

All gravel roads within the Town of Arlington shall have a speed limit of 25 miles per hour.

In addition:

The East Arlington Road (Highway #1)

Old Mill Road (Highway #6)

Red Mountain Road (Highway #17)

Shall have a speed limit of 25 miles per hour.

All other Town roads shall have a speed limit of 35 miles per hour.

Highways maintained by the State of Vermont (as Routes 313, Route 7 and Route 7A) existing within the Town of Arlington will have speed limits as posted by the State of Vermont.

Signs indicating the above regulations shall be conspicuously posted in and near all area affected as aforesaid.
SECTION 2

Every motor vehicle before entering the limits of a highway in the Town of Arlington shall be brought to a full stop except when the operator thereof is otherwise designated by a police officer or a traffic regulating sign, device, or signal maintained by lawful authority. “STOP” signs and “YIELD RIGHT OF WAY” signs and “NO PASSING” zones shall be erected and maintained within limits of the Town of Arlington at those locations where the Selectmen determine it is necessary and where the same presently exist and the design and structure thereof shall continue to be maintained as they presently exist.

SECTION 3

A motor vehicle transporting materials including but no limited to garbage, rubbish, brush, or materials extracted from the earth, over any public highway within the Town of Arlington shall secure such materials at all times in such manner as to assure said material shall not be deposited upon the public highways of the Town of Arlington.

SECTION 4

Any parade or public or private function involving limitation or restriction of traffic flow must secure a written permit from the Selectmen or the duly designated official of the Selectmen, and if deemed necessary by the Selectmen or by the duly designated official of the Selectmen, police assistance shall be supplied at said function by the permittee at the sole expense of said permittee.

SECTION 5

A person shall not park or leave standing any motor vehicle, whether attended or unattended, so as to interfere with snow removal and passing of fire equipment and any vehicles on any public highway and school property in the Town of Arlington.

A Selectman, town constable, state police officer, or deputy sheriff shall cause any motor vehicle found to be in violation of this regulation to be removed at the expense of the owner.

SECTION 6

A portion of Church Street will be a one way street. Vehicle traffic will be allowed to travel only from a North to South direction. The section of Church Street limited to one-way is described as follows. Beginning at a point at the North end of Church Street – 97 feet from the edge of Vermont Route 313 West, South on Church Street 0 475 feet to a point in front of the Lonergan & Thomas Building, approximately -82 feet from the intersection of Church Street and Vermont Route 7A. The South end of Church Street will remain open for entering and exiting the Medical Building, and the Lonergan * Thomas Building in addition, parking will be allowed only ont eh west side of Church Street. Signs will be installed at eh limits of the one-way portion of Church Street. Signs at the North end of Church Street will say “ONE-WAY” with and arrow, and at the South end signs will say” ONE-WAY DO NOT ENTER”  Signs will be erected on the East side of Church Street the say “ NO PARKING THIS SIDE”.

SECTION 7

SIDEWALKS:

For the purpose of this section, wherever it states SIDEWALK, it shall be any Arlington owned or Arlington maintained sidewalk, including walk surface, immediate adjoining back slope area, curb, grass area immediately adjoining sidewalk, including area between walk and traveled portion of highway.

It shall be a violation of this ordinance to:

  1. Cause damage to any sidewalk within the Town of Arlington. All costs to repair any damage will be the responsibility of the party that caused the damage.
  2. Park or drive any vehicle on the sidewalk or curb to include the area from the curb to the furthermost portion of the sidewalk.
  3. Place any material on the sidewalk that will block or interfere with pedestrian travel.
  4. Allow animal waste to remain on any portion of the sidewalk. Animal waste shall include but not be limited to all fecal matter deposited by a domesticated animal while under the control of the owner or a responsible person. If pet owners can not be determined, the adjoining landowner shall remove the waste.
  5. Leave grassy portions including the area between the walk surface and traveled roadway un-maintained. It shall be adjoining property owners who are to maintain this area.

SECTION 8

All fines and forfeitures collected or forfeitures of bail of any persons charged with any violation of any provision of the ordinance shall be paid to the Town of Arlington pursuant to 13 V.S.A. 7271 and deposited in a special police fund administered by the Selectmen of the Town of Arlington to bear and defray the expense of police protection and law enforcement carried on by the Town of Arlington.

SEVERABILITY

If any provision of this ordinance is held invalid or void said provision is hereby declared to be separate and entirely severable from this ordinance and all remaining provisions shall remain in full force and effect.

Dated this December 5, 2001

KEITH SQUIRES, CHAIRMAN                    LAWRENCE E. MOLLOY

ALAN W. HESS                                             GERALD WOODARD

Arlington Board of Selectmen

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TOWN OF ARLINGTON

STREET NAMING ORDINACE

DECEMBER 18,1995

Section I PURPOSE

In accordance with 24 V.S.A. Section 2291 (16) and 24 V.S.A. Section 4421, the Board of Selectmen of the Town of Arlington hereby establish the following ordinance regarding: Street naming and Street Addressing. The purpose for this ordinance is to help establish a more uniform street naming and street addressing system throughout the Town of Arlington. We believe that easily locatable address will have a number of beneficial results:  (1) It will enable emergency services to arrive at a scene faster. (2) Deliveries will be easier to find. (3) Visitors to our town will be able to find an address and know where they are in case of emergency. (4) When the State of Vermont begins Enhanced 911, the Town of Arlington will be ready for it.

Section II STREET NAMING

Every street and road, both public and private, shall be assigned a name. This will be done by the Arlington Board of Selectmen after public input and public hearing.

In the future, any new development must meet the guidelines of this ordinance.

All roads names must be a separate and distinct name. No two roads can have the same or similar sounding names. No new road can have any currently used name in the Town of Arlington. Furthermore, the Arlington Board of Selectmen may change the names of the streets, both public and private, (after duly warned public hearings) within the town of Arlington when necessary to promote public welfare and safety.

Section III ADMINISTRATION

Prior to the issuance of a building permit, a developer shall furnish a plan for a street addressing and street naming system in accordance with this policy to the Zoning Officer, who will then assign a number so that satisfactory mail delivery and emergency systems will be maintained.

Section IV GENERAL NUMBERING SYSTEM GUIDLINE

All roads shall be given an official name by the Board of Selectmen and shall be measured in segments of 1/1,000 of a mile (5.28 feet) from a designated starting point, usually the end of the road nearest the intersection of a larger road. Odd numbers shall be assigned to the LEFT side of the road and even numbers to the RIGHT side of the road. The first 5.28 foot increment contains number 1, the second 5.28 foot increment contains the number 2, and so on.

All numbers shall be established based on front entrance from the street, from the center of the driveway (or in some cases the center of the structure).

All numbers shall be properly affixed on or near the front entrance or in some other manner visible from the street. The numbers must be easily legible figures not less than four inches (4”) high, and in a color contrasting to the building background. (Your Fire Chiefs recommend reflective numbers.) The United States Post Office requires correct, easily legible numbers which are not obscured by anything. The home owner is responsible for the numbers on the house or unit. If a house is not visible from the road, it needs a number at the driveway visible from the road.

Numbering shall begin at the northerly boundary of the Town of Shaftsbury and the southerly boundary of the Town of Arlington and it’s intersection with Route 7A, with the first 5.28 feet being number one and continuing in a northerly direction to Route 7A’s intersection with the northerly boundary of the Town of Arlington and the southerly boundary of the Town of Sunderland. Every street or road which intersects with Route 7A shall begin with the number one for the first 5.28 feet of its intersection with Route 7A, and shall continue until the road terminates or becomes a new road. Every new road will begin at it’s intersection with the old road, with the number one for the first 5.28 feet, and continue to it’s termination or change to a new road.

A multiple unit structure composed of two or more units shall bear one number for the principal building, and each unit shall affix a letter or number suffix.

Numbers shall be reserved to provide for future growth in property in all areas.

Be it ordained by the Board of Selectmen of the Town of Arlington, and it is hereby ordained by the authority of the same, as follows:

Section V DESIGNATION OF STREET NAMES

Public and private roads shall be named by the Board of Selectmen. The street names shall be assigned by direction of the Board of Selectmen. After public hearing, notice shall be given to any party who resides on (or owns property accessed from) the street to be named.

Section VI DESIGNATION OF STREET ADDRESS

  1. Street numbers for dwelling units and places of business on all public and private streets shall be assigned by the Board of Selectmen in accordance with the procedures set forth herein.
  2. The Board of Selectmen shall keep a record of all numbers assigned under this ordinance.

Section VII POSTING OF DESIGNATED STREET ADDRESS

  1. The owner or occupant or person in charge of any house or building to which a number has been assigned will be notified by the Board of Selectmen of the number assigned to the same at any time after the adoption of this ordinance.
  2. Within sixty (60) days after the receipt of such notification from the Board of Selectmen, the owner or occupant or person in charge of a house or building to which a number has been assigned shall affix the number to the structure, if visible from the road, or to a sign or number post if not visible from the road, in such a way that the numbers can be clearly seen from the roadway.
  3. It shall be the duty of such owner or occupant or person in charge thereof, upon affixing the new number, to remove any different number which might be mistaken for, or confused with, the number assigned to said structure by the Board of Selectmen.
  4. Each principal building shall display the number assigned to the frontage on which the front entrance is located. In case a principal building is occupied by more than one business or family dwelling unit, each separate front entrance shall display a separate number.
  5. Numerals indicating the official numbers for each principal building or each front entrance to such building shall be posted in a manner as to be legible and distinguishable from the street on which the property is located, with letters painted or applied, of a contrasting color to the background, of not less than four inches (4”) in height. If a building or dwelling is situated in such a way that the numbers cannot be easily seen from the roadway in front of said structure, then a sign or number post must be used in front of the structure and placed in such a way that it can easily be seen from the roadway.

Section VIII NEW STRUCTURES

  1. Numbers will be assigned to each proposed lot or tract on the surveyor’s copies of Final Subdivision Plats by the Board of Selectmen.
  2. No building permit shall be issued for any principal building until the owner or developer has procured from the Board of Selectmen of the Town of Arlington the official number of the premises. (Final approval of a certificate of occupancy of any principal building erected or repaired after the effective date of this ordinance shall be withheld until permanent and proper numbers have been displayed in accordance with the requirements of No. 2 above.)

Section IX PENALTIES

In the event that the owner or the occupant or person in charge of any house or building refuses to comply with the terms of this ordinance by failing to affix the number assigned within sixty (60) days after notification, or by failing within said period of sixty (60) days to remove any old numbers affixed to such house, or house entrance, or elsewhere, which may be confused with the number assigned thereto, he shall be punished by paying a fine of not less the Fifty Dollars ($50.00) for every day that the situation is not rectified.

Section X SEVERABILITY

If any portion of this ordinance and amendments is held unconstitutional or invalid by a Court of competent jurisdiction, the remainder of this ordinance and amendments shall not be affected.

Section XI EFFECTIVE DATE

This ordinance shall take effect and be in full force an defect sixty (60) days after its passage, unless a petition is filed as provided by 24 V.S.A. Section 1973 requiring a vote and an annual or special meeting.

Clarence S. Curtis,  Chairman

Keith Squires

Lawrence Molloy

Richard King

Daniel Harvey

Dated this December 18,1995

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