§ 103.
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/vt/103-18A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 103. Powers of the Town and School District
(a)General. The Town of Milton shall have all the powers granted towns, town school districts, and municipal corporations by the Constitution and Laws of this State and this charter, together with all 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 thereof.
(b)Acquisition of property. The Town may acquire property within or without its corporate limits for any Town or School District purpose, in fee simple or any lesser interest or estate, by purchase, gift, devise, lease, or condemnation, consistent with the Constitution and Laws of the State.
(c)Municipal forest lands. A Municipal Forest shall be established, and it shall not be sold, leased, or otherwise disposed of unless so voted by Australian ballot at a legally warned Town meeting. This forest land shall be maintained by using proper forest and wildlife practices.
(d)Exclusions and restrictions. In the charter, no mention of a particular power shall be construed to be exclusive or to restrict the scope of the powers that the Town or Town School District would have unless this charter otherwise provides.
(e)Reservation of powers to the Town or School District. Nothing in this charter shall be construed to in any way limit the powers and functions conferred on the Town of Milton or School District and the Selectboard or School Board of Trustees of the Town and School District, its elected and appointed officials by general or special enactments of State Statutes, or regulations in force or effect on or after the effective date of this charter; and the powers and functions conferred by this charter shall be cumulative and in addition to the provisions of such general or special enactments unless this charter otherwise provides.
(f)Municipal electric power plant. The Town is authorized to purchase, control, construct, maintain, and operate an electric light and power plant, and may generate and purchase electric current for light, heat, and power and for any other purpose for which the current may be used by the Town inhabitants. The Town may furnish electric power to parties residing within or without the corporate limits of the Town, upon such terms and subject to such regulations as may be agreed upon from time to time, or as necessary to comply with federal and State laws and regulations. The Town may hold within its geographical limits by gift, grant, purchase, or by the right of eminent domain, lands and rights-of-way as may be needed for the construction, maintenance, and operation of an electric power plant. The Town may use any public street or way that it may be necessary or desirable to pass through with poles and wires, provided that public travel on such streets and ways is not unnecessarily impaired.
(g)Milton Fire Department. The Town of Milton may establish a system of fire protection and may create and equip a Fire Department. The Town may contract with a volunteer or nonmunicipal corporation to supply fire protection services, the cost of which shall be included in the Town annual budget. The Selectboard shall appoint a Fire Chief of the Department who shall have the powers and duties of a chief engineer as provided in 20 V.S.A. §§ 2671–2675, 20 V.S.A. chapter 175, and 24 V.S.A. § 1953.
(h)Milton Rescue Department. The Town of Milton may establish a system of emergency medical care and may create and equip a Rescue Department. The Town may contract with a volunteer or nonmunicipal corporation to supply emergency medical services, the cost of which shall be included in the Town annual budget. The Selectboard shall appoint a Chief of the Emergency Rescue Department. The Emergency Rescue Department shall be provided and administered in accordance with the requirements of 24 V.S.A. chapter 71.
(i)Milton Police Department. The Town of Milton may establish a system of police protection and may create and equip a Police Department. The Town may contract with a nonmunicipal corporation to supply police protection services, the cost of which shall be included in the Town annual budget. The Selectboard shall appoint a Police Chief of the Department. The Police Department shall be provided and administered in accordance with the requirements of 24 V.S.A. § 1931. (Amended 2003, No. M-4, § 3; 2021, No. M-16 (Adj. Sess.), § 2, eff. May 31, 2022.)