TOWN OF MONTGOMERY
3 HOLES NATURE AREA ORDINANCE
TABLE OF CONTENTS
PAGE
SECTION I AUTHORITY
1
SECTION II PURPOSE
1
SECTION III DEFINITIONS
2
SECTION IV SPECIFIC PROVISIONS
2
SECTION V PENALTIES
2
SECTION VI AMENDMENTS
3
SECTION VII APPEALS
3
SECTION VIII EFFECTIVE DATE
3
SECTION XI ENFORCEMENT
4
SECTION X NOTICE
4
SECTION XI SEVERABILITY
4
TOWN OF MONTGOMERY
3 HOLES NATURE AREA ORDINANCE
SECTION I AUTHORITY
Under the authority granted in 24 V.S.A. §1971, 24
V.S.A. § 2201, § 2291 and 23 V.S.A. §3510, the Town of Montgomery
Selectboard hereby adopts the following Civil Ordinance regulating the use
of the 3 Holes Nature Area.
SECTION II PURPOSE
This Civil Ordinance is adopted to promote public health, safety and , prevention
of public nuisances by providing for the regulation of 3 Holes Nature
Area, within the Town of Montgomery. It is intended to ensure open
access to all and to preserve the beauty and safety of the area. The
overall goal is for users of this area to leave no trace, and to respect
the privileges of all to use this area.
SECTION III DEFINITIONS
The 3 Holes Nature Area is defined by that land identified by Property Tax
I.D. Number 058.028Z, 39.1 acres more or less, and relevant Titles to same.
A map is attached to this ordinance.
This 3 Holes Area also includes that portion of the Public Safety Building
parking lot which serves as a trail head and the access trail to the Area.
SECTION IV SPECIFIC PROVISIONS
The Town Of Montgomery provides no services or maintenance of the 3
Holes Nature Area.
It shall be a violation of this Ordinance to violate any of the following:
1. The 3 Holes Nature Area is open during daylight
hours.
2. Access to the 3 Holes Nature Area is via a trail
over both municipally and privately owned land. Users must stay on
marked trails.
3. Carry out and bring all trash home with
you. There is no trash pick up at the trail head. No trash is
to be left behind.
4. Do not park so as to interfere with access of
emergency vehicles at the nearby Public Safety Building. Violators
will be towed at owner's expense.
5. The following items and activities are
prohibited:
Alcoholic Beverages
Glass Containers
Littering
Camping
Cutting trees or branches
Fires
Hunting. Trapping, or Shooting
Possession of Firearms,
Motorized Vehicles
The playing of Radios, CD players, and Mp3
players unless used with ear phones
6. Pets must be under control and kept on a 6 foot
leash. Owners must remove animal waste from the area.
SECTION V PENALTIES
1. In accordance with 24 V.S.A. §1974a, any person
who violates a provision of this Civil Ordinance shall be subject to a civil
penalty of up to $500 per violation. Each day the violation continues
shall constitute a separate violation.
2. The constable of the Town of Montgomery and/or any
person(s) duly appointed by the Selectboard shall have the authority to act
as an Issuing Municipal Official, to issue and pursue a municipal complaint
before the Judicial Bureau, or Franklin Superior Court. Note that the
municipal bureau jurisdictional amount is $500 for all violations, including
continuing violations.
3. An Issuing Municipal Official shall have the authority
to levy and collect for the benefit of the Town a Waiver Fee in lieu of a
civil penalty from any person who declines to contest a municipal complaint
and pay the Waiver Fee. Offenses shall be counted on a calendar year basis
and Waiver Fees levied as follows:
(a) First Offense in any year $100, waiver fee $75
(b) Second Offense in any year $200, waiver fee $125
(c) All subsequent offenses in a year $500, waiver fee
$275
4. Users of the 3 Holes Nature Area shall be liable, in
addition to the fines and waiver fees set forth above, for all repair costs
incurred for damage to Town and private property in a separate civil matter.
5. The Town of Montgomery disclaims all liability for
the use of the 3 Holes Nature Area. Users assume all risk associated
with the use of this area. The Town does not provide lifeguards. Nor does
it maintain the river course. Diving from rocks is particularly dangerous.
Parents should keep a watchful eye on children at all times.
SECTION VI AMENDMENTS
1. This Ordinance may be amended by a majority vote of
the legislative body at any duly warned meeting, providing the subject appears
on the agenda for that meeting.
2. Any amendments to this Ordinance shall take effect
in accordance with 24 V.S.A. §1971.
SECTION VII APPEALS
1. Any person cited for a violation of this ordinance
many contest the violation before the Judicial Bureau.
2. A judgment entered by the Judicial Bureau may be appealed
under the provisions of 4 V.S.A. §1107.
SECTION VIII EFFECTIVE DATE
1. This Ordinance shall become effective sixty, (60),
days after its adoption by the legislative body, unless a petition is filed
under 24 V.S.A. §1973, in which case said statute shall govern the taking
effect of this Ordinance.
2. A petition, as provided for in 24 V.S.A. §1973,
for a vote on the question of disapproving this Ordinance, or amendments
thereto, shall be signed by not less than five, (5), percent of the qualified
voters in the Town of Montgomery, and presented to the legislative body or
to the Town Clerk within forty four, (44), days following the date of adoption
of the Ordinance. If such a petition is properly filed, the legislative body
shall call a special meeting within sixty, (60), days from receipt of the
petition, or include an article in the warning for the next annual town meeting
if the annual town meeting falls within the sixty, (60), day period, to determine
whether the voters will disapprove the Ordinance.
SECTION XI ENFORCEMENT
A violation of this 3 Holes Nature Area Civil Ordinance
shall be a civil matter enforceable in the Judicial Bureau or in Superior
Court in accordance with the provisions of 24 V.S.A. Ch. 59.
Section X NOTICE
1. This Ordinance shall be entered into the minutes of
the Town records and shall be posted in at least five conspicuous places
in Town.
2. The full text of this Ordinance, or a concise summary
of it including a statement of purpose, principal provisions, and table of
contents or list of section headings, shall be published in a newspaper circulating
in the municipality within fourteen, (14), days of it’s adoption.
3. A reference to a place within the municipality where
the full text may be examined, shall be published along with a concise summary.
When the text or concise summary of this Ordinance is published, the notice
shall explain citizens’ rights to petition for a vote on the Ordinance at
an annual or special meeting as provided in 24 V.S.A. §1973, and the
notice shall also contain the name, address and telephone number of a person
with knowledge of, and who is available, to answer questions about this Ordinance.
SECTION XI SEVERABILITY
If any section of this Ordinance is held by a court of
competent jurisdiction to be invalid, such finding shall not invalidate any
other part of this Ordinance.
signed
Board of Selectmen
Town of Montgomery
Kenneth Cota, Chairman
Mark Brouillette
Gary Marrier
Tosca Smith
Scott Perry, Vice Chair/Clerk
Montgomery Town Clerk’s Office received for record this
_______
day of ______________, A.D., 2005 at _______P.M.
Attest:____________________________
Renee Patterson,
Town Clerk
Dates warned and discussed at Regular Selectboard meetings:
August 15, 2005
September 6, 2005
September 19, 2005
October 3, 2005
Date adopted by Selectboard: October 3, 2005
Date/Places Posted: October 4, 2005. Town Office, Center Post
Office, Village Post Office, D&D Deli, Sylvester‘s Quick Stop, Sylvester‘s
Market (Minimum of 5 places)
Date Published in County Courier: October 6, 2005 (NLT 14 days after adoption)
Last day for Petition: November 16, 2005 (NLT 44 days after adoption.
If received, Special Meeting must be called within 60 days of receiving the
petition, or can be an article at Town Meeting if Town Meeting is within
the 60 days)
Effective Date: December 3, 2005 (NET 60 Days after adoption)
