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NO. M-6. AN ACT RELATING TO THE BARRE CITY CHARTER.

(H.397)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. APPROVAL OF CHARTER AMENDMENT

The charter of the City of Barre is amended as provided in this act. Proposals of amendment were approved by the voters on March 5, 1996 and March 4, 1997.

Sec. 2. Section 104(a) of the Charter (§ 104(a) of chapter 1 of part 1 of the Appendix to Title 24), is amended to read:

(a) The city shall have all the powers granted to towns and municipal corporations by the constitution and laws of this state together with all the implied powers necessary to carry into execution all the powers granted; it may enact ordinances not inconsistent with the constitution and laws of the State of Vermont or with this charter, and impose penalties for violation of those ordinances not in excess of a fine of *[one hundred dollars ($100.00)]* five hundred dollars ($500.00), together with the costs of prosecution, or imprisonment for not more than sixty (60) days, or both.

Sec. 3. Section 105(f) of the Charter (§ 105(f) of chapter 1 of part 1 of the Appendix to Title 24) is added to read:

(f) To adopt and enforce ordinances for the purpose of regulating and licensing the following activities, or other activities, which the City has the power to regulate or license, by virtue of the law of this state or of this charter, and to fix reasonable and necessary fees therefore; places of public resort or public amusement whether indoor or outdoor; places dispensing food and drink to the public, such as restaurants, bars or inns; and public dances.

Sec. 4. Section 512 of the Charter (§ 512 of chapter 1 of part 1 of the Appendix to Title 24), Article VII is amended to read:

§ 512. Formation; duties.

The board of health shall consist of *[three (3) legal voters of the city, one of whom shall be a physician licensed to practice in this state]* the health officer and three (3) legal voters of the city. The health officer shall be the secretary and executive officer of the board, and shall hold office for three years, and until a successor is appointed. The board of healthcreated as herein provided shall be for the city in lieu of the local board of health provided for by the Vermont Statutes and shall have all the powers vested in local boards of health for the preservation of health and abatement of nuisances and the removal of other causes injuriously affecting health, and shall have powers to adopt such rules and regulations as they deem wise for the regulation of the work of the board and concerning health in the city. Said board shall be subject, at all times, to the direction of the city manager. All rules and regulations of said board, when the same are approved by the city manager and duly published as herein prescribed for ordinances, shall have the force and effect of ordinances of the city. Any person who shall refuse to obey a lawful order of such board or the health officer shall be punished not more than *[one hundred dollars ($100.00) and not less than five dollars ($5.00)]* five hundred dollars ($500.00). Said board shall make in duplicate a record of all its doings and reports and a copy of such shall be placed on file with the city clerk.

Sec. 5. REPEAL

Sections 513 and 514 of the Barre City Charter (§§ 513 and 514 of chapter 1 of part 1 of the Appendix to Title 24), relating to rulemaking and licensing powers of the board of health, are repealed.

Sec. 6. EFFECTIVE DATE

This act shall take effect upon passage.

Approved: May 7, 1997