Amherst Committee Finalizes Nuisance Bylaw Revisions, Emphasizing Consistency and Clarity
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Meeting Type:
Oversight and Review Committee
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Meeting Date:
09/05/2024
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Recording Published:
09/06/2024
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Duration:
79 Minutes
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State:
Massachusetts
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County:
Hampshire County
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Towns:
Amherst
- Meeting Overview:
The Amherst Governance, Organization, and Legislation Committee convened to finalize revisions to the nuisance bylaw, focusing on consistency, enforceability, and clarity. The discussion involved analysis and refinement of definitions, terminology, and procedural aspects to ensure the bylaw’s effectiveness.
Central to the meeting was the comprehensive review of the nuisance bylaw, which had been a focal point for the committee. Counselor Pam Rooney from the Community Resources Committee (CRC) was invited to provide insights on the CRC’s discussions regarding the bylaw revisions. The committee’s primary goal was to ensure that the bylaw addressed concerns about owner and manager responsibilities, the notification process for violations, and included a thorough list of activities considered violations under state and local laws. Chief Ting’s involvement was highlighted as pivotal to ensuring the bylaw’s enforceability, particularly concerning party registrations and noise disturbances. The updated bylaw version aimed not to differentiate between rented and owner-occupied homes, focusing instead on actions that disturb residents’ quiet enjoyment of their properties.
An essential part of the discussion was the definition of a “gathering.” The committee decided to retain the existing definition from the previous bylaw, as it was well-understood and only required scrutiny when it became an unreasonable interference with the enjoyment of one’s home. Chief Ting confirmed that the police department had been using this definition, which remained consistent with past practices. The committee considered whether a numerical threshold for defining a gathering was necessary but concluded that the current understanding sufficed.
Terminology was another topic. The term “infraction” was replaced with “violation” throughout the document to better align with the context. There was a proposal to define “public nuisance” more thoroughly, leading to a new definition that emphasized “unreasonable interference” with common rights, health, and community standards, influenced by the CRC and Chief Ting’s recommendations.
Specific sections of the bylaw, particularly references to Massachusetts General Laws (MGL), were reviewed. The committee debated whether to maintain or remove certain MGL references. Concerns were raised about potential inconsistencies, particularly given that other sections still referenced MGL. The committee acknowledged the need for the bylaw to be easily updated as local regulations evolve, with a consensus on referencing accurate MGL chapters throughout the bylaw for clarity and consistency.
A focus was placed on the notification process for property managers in the event of violations. It was clarified that property managers would be notified not only after the third violation but also after the first and second. The committee proposed a new notification process allowing for notifications to owners via certified mail and occupants through posting notices on the property, providing flexibility to prevent individuals from evading notifications.
The committee also reviewed a severability clause deemed redundant by the CRC, deciding to eliminate it based on the existing general bylaws that state any unconstitutional or invalid part of a bylaw would not affect the validity of the remaining provisions. The collaboration with the Chief of Police in drafting the bylaws was appreciated, with members highlighting the consistent and valuable input that contributed to a framework facilitating better property management.
Further discussions addressed the terms “tenant” and “occupant.” There was a consensus that using “occupant” could encompass various living arrangements, potentially avoiding confusion. The committee agreed to delete certain comments and make updates to ensure clarity in the document, continuing the process of reviewing each section of the bylaws for finalization.
The committee also addressed procedural concerns, particularly the involvement of KP Law in reviewing specific clauses and ensuring proper communication between the CRC and KP Law. A motion to accept an amended version of the nuisance property bylaw was put forth and unanimously approved. Members expressed gratitude for the collaborative effort, particularly highlighting contributions from those who had worked on the issue for an extended period.
Scheduling their next meeting posed a challenge due to a local block party. There were suggestions to engage with the community during the event and possibly reschedule the meeting. The legislative process guide was also discussed, with the committee determining the document’s status as a rule, recommendation, or best practice.
Paul Brockelman
Oversight and Review Committee Officials:
Ana Devlin Gauthier, Pat De Angelis, Ndifreke Ette, Lynn Griesemer, George Ryan, Athena O’Keeffe (Clerk of the Council)
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Meeting Type:
Oversight and Review Committee
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Meeting Date:
09/05/2024
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Recording Published:
09/06/2024
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Duration:
79 Minutes
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Notability Score:
Routine
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State:
Massachusetts
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County:
Hampshire County
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Towns:
Amherst
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