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HomeMy WebLinkAbout1934-06-25-STM-min 97 Special Town Meeting held June 25 , 1934 Meeting called to order at 8 :15 P .M. by the Moderator Robert H. Holt, 149 Town Meeting Members being present . Town Clerk James J. Carroll read the warrant until further reading was waived by Motion of Selectman Charles E. Ferguson - unanimous The Town Clerk read the Constable ' s return of the Warrant Selectilar Mr. Trask moves to take up Article 1, Mr. Houghton offering the following motion: VOTED: that a Committee of nine on Increased High School Accommodations, be created to consist of the School Committee and six other citizens to be appointed by the Moderator. This Committee shall study the need of future accommodations for the Junior and Senior High Schools and re- port their findings at some future town meeting. Explanations by Mr. Houghton. Motion carried unanimous 8 :18 P .M. Mr . A. E. Rowse Chairman of the Appropriation Committee states approval of articles would be made as the articles were nresented. Selectman Mr. Trask moves to take up Article 2 offering the following motion : VOTED: that the following sums be appropriated and assessed for the following accounts : Forest Fires $350.00 Welfare Department 12000 .00 Printing of Plumbing Laws 85.43 Forest Fires " 350.00 approved by the Appropriation Committee carried unanimously 8 :19 P .M. Welfare Dept. $12,000.00 Explanations by Mr. Trask Mr. Rowse of Appropriation Committee offers an amendment as follows : The amount to be appropriated and assessed be $20, 000 in place of $12 ,000. Amendment seconded. Vote on amendment declared lost 8 : 35 P .M. Original motion as presented for $12, 000 carried unanimous 8:36 P .M. Printing of Plumbing Laws 985.43 Carried unanimous 8:37 P .M. Selectmean Mr . Trask moves to take up Article 3 offering the following: VOTED: that the present or any future Board of Select- men be and is hereby authorized in the name and behalf of the Town to convey to Ernest S. Glawson of Lexington, Massachusetts all the right, title and interest which the town has by virtue of a tax deed from George W. Sampson, Collector of Taxes for the Town of Lexington, to the Town of Lexington dated October 3, 1899, recorded with the Middlesex South District Registry of Deeds in Book 2772, Page 229, and. also by a deed from Byron C. Earle, Collector of Taxes for the Town of Lexington, to the Town of • Lexington, dated May 15, 1928 recorded with said Deeds in Book 5232 , Page 561, and to execute, a:knowledge and deliver a Proper deed, deeds or other documents fdr that purpose. Carried unanimous 8:38 P.M. Selectman Mr. Trak moves to take up Article 4 offering the following: VOTED: that the transfer of the following funds be authorized: From School Construction (Adams Addition) - $79.97 to School Construction, High School Addition; - unanimous 8:39 P .M. From School Construction (Franklin) - $274.50 to School Construction, High School Addition: - unanimous 8 :39 P.M. ret From Waltham Street Damages - $109 .00 to Excess and Deficiency Account. - Carried unanimous 8:40 P .M. Selectman Mr . Trask moves to take up Article 5 offering the following:VOTED that the Board of Selectmen be authorized to furnish a new town seal bearing thereon a replica of the Lexington Minute-Man Statue, the same to become the official seal of the Town when adopted by the Selectmen, and for the purpose of furnishing said seal the sum of $30 .00 be appropriated and assessed. -- Carried unanimou--8 :42 P .M. Selectman Mr. Trask moves to take up Article 6 offering the following: VOTED: that the action of the Board of Select- men, acting as a Board of Health, in constructing a sewer in Woburn Street, from the main outlet a distance of approximately 180 feet northeasterly, be' approved; and further voted that the sum of $700 be appropriated and assessed for said construction. Carried unanimous 8: 43 P .M. Selectman Mr. Trask moves to take up Article 7 offering the following: VOTED that the following described parcel of land,now a part of the highway, be placed in the control of the Board of Selectmen, acting as a Board of Park Commissioners : "Somerset Road Park" An elongated parcel of land located entriely within the boundaries of Somerset Road beginning at a point about . opposite Franklin Road and extending northeasterly towards Hayes Avenue approximately 250 feet and having a width of about 35 feet." Unanimous 8:46 Selectman Mr . Trask moves to take up Article 8 offering the following: VOTED that the following vote passed at a Town Meeting, February 10, 1915 be and hereby is rescinded: "Voted that the Board of Water and Sewer Commissioners is hereby requested, in case the town shall have a sewerage system, to establish, agreeable to the provisions of Revised Laws, Chanter 49, Section 6, just and eouitable charges for the use of the common sewers by persons who enter their particular sewers therein, such annual rental to be in addition to the betterment assessment of fifty cents a running front foot upon their abutting lands ; and that until otherwise voted by the town, the Commissioners are requested to make the rental approximateT 25%of the yearly water rates of such persons after maiming a deduction therefrom representing the water used through lawn or garden hose, but with provision for a minimum yearly charge of three dollars ." - Unanimous 8: 58 P .M. Selectman Mr. Trask moves to take up Article 9 offering the following: VOTED that the Town accept the lay out as a Town way of Gleason Road, from Simonds Road to Fuller Road, a distance of approximately 617 feet, all as laid out by the Selectmen under the Betterment Act, and as shown on plan on file in the Town Clerk' s office, dated May 29, 1934, and to take by eminent domain the necessary easement therefor, and for the purpose of constructing said street the sum of $4, 950.00 be appropriated and assessed. Mr. Rowse of the Appropriation Committee offers a motion for indefinite postponement until next annual Town Meeting. Indefinite postponement declared lost at 8 :59 P.M. 99 Result on main motion as presented as follows : Infavor Tellers Opposed 13 Mr. Hawkins 20 33 Dr. Walsh 41 8 Mr. Sarano 16 54 77 Declared lost 9:01 P .M. Selectman Mr . Trask moves to take up Article 10 offering the following: VOTED that Veterans of Foreign Wars of Lexington, Camp 3007, be granted the use of the auditorium in the Cary Memorial Building without charge three evenings daring the balance of the year 1934. Unanimous 9 :04 P .M. Selectman Mr. Trask moves to take up Article 13 offering the following: VOTED that the Selectmen be authorized to in- stall an electric light in Belfry Terrace. Unanimous 9 :05 P .N. Selectman Mr. Trask moves to take up Article 15 7iving • first his explanations of the article, then offering the following which was voted as and when presented: VOTED that the Selectmen be authorized to install a sewer in an un- accepted street called Taft Avenue, from Massachusetts Avenue to Daniels Street, so called, a distance of approxi- mately 890 feet; subject to the assessment of betterments and to take by eminent domain the necessary easement therefor; Carried unanimous 9 :0s P .M. VOTED that the Selectmen be authorized to install a sewer in an unaccepted street called Cherry. Street, from Taft Avenue, so called, in a northerly drection a distance of approximately 180 feet, subject to the assessment of better- ments and to take by eminent domain the necessary easement therefor; Carried unanimous 9 :10 P .M. VOTED that the Selectmen be authorized to install a sewer in an unaccepted street called Cary Street, from Taft Avenue, so called, in a northerly direction approximately 270 feet, subject to the assessment of betterments and to take by eminent domain the necessary easement therefor; Carried unanimous 9 :11 P .M. VOTED that the Selectmen be aut?orized to install a sewer in an unaccepted street called Tarbell Avenue, from Taft Avenue , so called, a distance of approximately 100 feet, subject to the assessment of betterments and to take by eminent domain the necessary easement therefor; Carried unanimous 9 : 12 P .M. VOTED that the Selectmen be authorized to install a sewer in an unaccepted street called Taft Avenue, from Charles Street a distance of approximately 100 feet, subject to the assessment of betterments and to take by eminent domain the necessary easement therefor; Carried unanimous 9 : 13 P .M. and for the purpose of said constructinn and installation of sewers, the sum of $1500 be transferred from the Sewer 1"0 ci P.'24 Assessment Fund to the Sewer Construction Account and the sum of $2700 be appropriated and assessed for the Sewer Construction Account . Carried unanimous 9 : 14 P .M. Selectman Mr . Trask moves to take up Article 16 offering the following: VOTED that the Selectmen be authorized to install water mains, not less than six inches in diameter and subject to the assessment of betterments, and to take by eminent domain the necessary easement therefor in the following unaccepted streets : Taft Avenue, from Massachusetts Avenue to Daniels Street approximately 890 feet; Cherry Street, from Taft Avenue in a northerly direction approximately 180 feet ; Cary Street, from Taft Avenue in a northerly direction approximately 270 feet ; and for the purpose of said construction and installation of water mains the sum of $5500 be appropriated and the Town Treasurer, with the approval of the Selectmen be authorized to borrow the sum of $5500 and to issue bonds or notes there- for payable in accordance with the ]aw . There being no objections the Article was voted, on in whole as presented, carried unanimously 9 :15 P .M. Mr. Albert W. Emmons at 9: 16 p.m. Presents motion for reconsideration of Article 9 of the meeting. Moderator Robert H. Holt inquires from Town Clerk time Article 9 was closed. Reply from Town Clerk - 9 :01 P .M. Discussion by various sPea'-7ers Messers : Rowse, Cutter, Hooper , Ferguson, Trask, and Mrs . Milne . Mr. Emmons motion for reconsideration of Article 9 carried 9:24 P .M. Vote taken on original motion Article 9 as presented by Selectman Mr. Trask. Carried unanimous 9:27 P.M. Selectman Mr . Trask moves to take up A-.-ticle 17 offering the following: VOTED that the Selectmen be authorized to install ten inch water mains at the intersections of Watertown Blossom and Spring Streets witn the new Concord-Cambridge State Highway, and also to install water mains, not less than six inches in diameter, in such other streets as the Select- men may deem necessary, and for the purpose of said construc- tion and installation of water mains, the sum of $4,500 be appropriated, and the Town Treasurer , with the approval of the Selectmen be authorized to borrow the sum of $4,500 and to issue bonds or notes therefor payable in accordance with the law. Questions by Messers Worthen, Hooper, and Lamont. Article as presented carried unanimously 9 :37 P.M. Selectman Mr. Trask moves to take up Article 18 offering the following: VOTED that the sum of $1000 be transferred from the Trunk Line Sewer Repair Account to the Sewer Construc- tion Account. Carried unanimous 9: 39 P .M. Selectman Mr. Trask moves to take no Article 11. Select- man Mr . O 'Connell offers the following: VOTED that the Town amend the Lexington Zoning By-Law and map by changing from an R 1. District to a C. 1. District the following described Parcel of land: 101 "Atriangular parcel of land bounded on the northwest by Fletcher Avenue distant 183.90 feet, on the southwest by Woburn Street distant 320.22 feet, and on the northe by the Boston and Lowell Railroad Corporation right of way distant 317 .40 feet, containing about 27,994 square feet." Mr. Duffy, Chairman of the Planning Board, reads the following report On the petition of Daniel J. O 'CQnnell that the area as set forth on the above article be changed frog an R. 1 to a C. 1 District, the Planning Board has held the necessary hearing and otherwise complied with the Provisions of Section 17 of the Lexington boning By-Law This is the fifth time that the petitioner has requested this change, the Town haVing four times previously denied the petition. The Board has very carefully considered the mater and again recommeds that the change be not made. No new conditions have arisen to change our pre- vious judgment. On the contrary certain conditions have appeared since the original petition which make the maintenance of the present zoning status of this area seem even more desirable. ( 1) The Russell House property formerly vacant and adjoining the above tract has now been converted to single family residence use by it u owner. (2) The Board is convinced more than ever that no additional business space is needed not only in view of unprofitable use of many mercantile buildings due to Present business conditions, but also because of the fact that the experience of built up communities indicates that the areas already zoned for business in Lexington are substantially in excess of the probable future re- quirements of the Town. This particular parcel of land is located between two areas in which the Town has heavy investments ; one in public buildings of exceptional dignity and the other the largest school plant in the Town. To Permit the de- velopment in this wedge , of a business use is not only to add to the traffic hazards to which the school children and others are exposed, but is to Prejudice the Town' s opportunity for an attractive and :harmonious development along its principal thoroughfare without burdensome costs. Its present status should not be changed until the busi - ness needs of the community require it or a civic use for it be found. The Planning Board believes that the future needs of the Town will require the acquisition of not only this tract of land but the land intervening between this lot and the present Town Hall lot in order to provide adequate facilities for the rPolice, Fire and other de- partments of the Town. The Board is of the opinion that the Town, if it values its oPportunities to Protect itself under the zoning Jaw, cannot afford to grant to any owner of peculiarly located or otherwise unusable tracts the privilege of business or other special uses unless such uses are justified by the public need. J. Henry Duffy Roland B. Greeley C. Edward Glynn PLANNING Sheldon A. Robinson BOARD E. F. Scheibe June 25 , 1934 Edward W. Kimball 102 General discussion from several speakers . Showing of location by 'slides . Explanations by M . S. A. Robinson. Result of vote on original motion of Article 11 as follows : In favor Tellers Opposed 12 Mr. Hawkins 20 34 Dr. Walsh 42 2 Mr. Sarano 18 48 80 Declared lost 10:35 P .M. Selectman Mr . Trask moves to take up Artilce 12 . Mr. Duffy Chairman of the Planning Board offering the following: Under Article 12, Section (a) the Planning Board offers the following vote : VOTED; That the Zoning By-Law and mar of the Town of Lexington be amended by substituting for Section 3, C. 1 Districts, Article 18, the following:- "18. Upon the southerly side of Massachusetts Avenue beginning at the westerly line of Wallis Court and extending westerly to 'a point opposite the easterly line of Meriam Street , and of a depth of 100 feet from the s- utherly line of Massachusetts Avenue , throughout." Mr. Duffy reads the report The requirements of Section 17 of the Zoning By- Law have been complied with in respect to the amendment referred to above . The Planning Board recommends that the amendment be adopted by this meeting . In arriving at this conclusion, the Board looks forward to the creation of a ceivic center in this neigh- borhood and as means to that end, as well as protection to the heavy investment of the Town and for the common good of the citizens, the Board feels that steps should be taken to safeguard these future developments . The Board believes that had the Town Buildings been erected at the time the original Zoning Law was drawn, this area would unquestionable have been classified for residential purposes. Although there is no established business in this area at present, the possibility of encroachment is present and should be definitely guarded against. Based on the relation ofxppulation to front footage used for business in other towns and cities, and considering our past and probable future growth in population, together with the areas already zoned for business , the Board sees no need for a continuance of this area as a business district . J. Henry Duffy C . Edward Glynn Sheldon A. Robinson Roland B. Greeley E. F. Scheibe Edward W. Kimball • IO3 Selectmah Mr. O 'Connell moves for indefinite postponement. General discussion. Vote for M. O' Connell' s motion for i-hdefinite Postponement as follows : In favor Tellers Opposed 15 Mr. Hawkins 20 40 Dr. Walsh 35 6 Mr. Sarano 15 61 70 Indefinite postponement lost 11:03 P.M. Main question for amendment as presented put to vote with the following results : Infavor Tellers Opposed 20 Mr. Hawkins 13 41 Dr. Walsh 14 18 Mr. Sarano 4 • 79 51 Amendment declared 11:07 P.M. On account of a two-thirds vote beetg necessary to carry the, above motion it was declared lost by 7 votes. The vote necessary to carry the motion being 86 totes . Under Article 12 Mr . Duffy Offers the following motion: Under Article 12, Section (b) the Planning Board offers the following vote :- VOTED: - That the Zoning By-Law and map of the Town of Lexington be amended hu substituting for Section 3, C. 1 Districts, Article 17, the following :_ l7 . Beginning at the junction of Fletcher Avenue and Woburn Street, and extending southwesterly to and westerly along the northerly line of Massachusetts Avenue to the easterly line of Meriam Street, and throughout its entire length extending northerly to the Railroad property." Mr. Duffy reads the following report: The requirements of Section 17 of the Zoning By-Law have been complied with in respect to the amendment referred to above . The Planning Board recommends that the amendment be not adopted by this meeting. Acting on the belief that a full expression of opinion was not obtained at the last town meeting , the Board has • again Placed an article in the Warrant pertaining to the area on the northerly side of Mass. Avenue between Vine Brook and Fletcher Avenue. The Board is of the opinion. that even though the area Opposite the To Buildings is open for business developmens, it is still possible for the town to safeguard its investment to a considerable degree and to Provide for future growth by retaining as residential the area bounded by Mass . Avenue, Vine Brook, the Boston & Maine Railroad Property and Fletcher Avenue. The Board believes that had the Town Buildings been erected at the time the original Zoning Law was drawn, this area would unquestionably have been classified for residential Purposes . 01 104 Although there is no established business in this area at present, the Possibility of encroachment Presents a threat that should be definitely guarded against. Based on the relation of7opulation to front footage used for business in other towns and cities, and considering our past and Probable future growth in population, together with the areas already zoned for business , the Board sees no need for a business district in this area. J. Henry Duffy C. Edward Glynn Roland B. Greeley Edward W. Kimball E. F. Scheibe Sheldon A. Robinson General discussion. Senator Joseph R. Cotton moves for indefinite postponement. Carried unanimous 11) 15 P .M , Selectman Mr . Trask moves to take upArticle 14. The Moderator calls upon Senator Joseph R. Cotton to act as Moderator pro-tem. Mr. Robert H. Holt offers the following motion: * VOTED: That the following be and hereby are adopted as the General By-Laws of the Town of Lexington in lieu of the Code of By-Laws of 1922 :(See he 105 for Code of a7s ) Mr. Holt explains some of the changes . Sot. 5 Att.? Selectman Mr. Trask offers the following amendment: No person unless having the authority so to do , shall . dump or deposit any ashes, rubbish, refuse, offal or decayed animal or vegetable matter on any public or private land contrary to the rules and regula- tions of the Selectmen. Carried unanimous 11:30 P .M. Mr. Greeley speaks in referrence to Town Accountant being a member of the Appropriation Committee . Mr . W. Hill moves meeting be adjourned. Motion withdrawn by Mr. Hill. Selectman Mr. Trask offers the following amendments : Section 2, The owner of the premises shall in all cases pay for such service pipe as may be laid within his premises and on Town property to the curb-cock, together with the stop and water values at such rates as may be fixed by the Select- men. The owner must in all cases pay his part of the cost of the service construction before the water is turned on. Carried unanimously 11 :31 P .M. Selectman Mr . Trask offers amendment as follows : Section 2 . Article 25 . Amend by striking out ''for the sale of articles for any charitable purPose ." Carried unanimously 11 :32 P .M. Mr. Mitchell offers an amendment to Article of New By-Laws , striking out the word "shall. 0 Mr . Hill moves for adjournment for one week. Motion for adjournment lost 11 :34 P.M. Mr. Mitchell' s amendment lost 11 :35 P.M. Vote for adoption of new By-Laws with the amendments as follows : In favor Tellers Opposed 22 Mr . Hawkins 52 Dr. Mals b 0 18 Mr. Sarano 0 by :-ttc)7 .7- eneralBy-Laws of the r. Town of Lexington x ARTICLE 1. a GENERAL PROVISIONS. r Section 1. The following provisions shall constitute the General BY- r Laws of the Town of Lexington, which shall be in lieu of all by-laws hereto- fore in force except by-laws or other regulations relating to Zoning, Building Construction and Plumbing. Section 2. The following rules of construction shall be observed unles`s I their observance would involve a construction inconsistent with the manifest' t intent of the voters, or repugnant to the context of the by-law. (a) The repeal of a by-law shall not revive any law in force when the by-law repealed took effect. (b) The repeal of a by-law shall not affect any punishment, penalty in- 1 curred before the repeal takes effect, or any suit, prosecution or proceeding pending at the time of the repeal for an offense committed or for the recovery of a penalty incurred under the by-law repealed. (c) Wherever publication under any by-laws of the Town is required in a newspaper published in the town, it shall be sufficient when there is no newspaper published therein, if the publication is made in a newspaper, which, by its title page, purports to be printed or published in the town, or e which has a general or substantial circulation therein as a local paper. (d) Wherever a penalty is provided for the violation of a by-law, it shall be for each such violation. (e) Words and phrases specifying or naming any board, commission, committee or officer of the town shall be construed as including the lawful successor, or the persons having the powers and performing the duties of such board, commission, committee or officer. Section 3. In construing these By-laws the following words shall have the meaning herein given unless a contrary intention clearly appears. (a) The word "street" shall include highways, townways, public ways and all public streets, roads, bridges, alleys, courts, and sidewalks, and also those portions of public squares and places which form traveled parts of 1 public ways. (b) The words "public place" shall include all commons, parks,play- grounds and public lands belonging to or in the charge of the town, or any I of its departments, and those portions of public squares and places which do not form traveled parts of public ways. (c) The words "public building" shall include all buildings belonging to or under the control of the town or any of its departments. (d) The word "person" shall include corporations, societies, associations and partnerships. (e) The word "horse" shall include any beast of burden. (f) The word "driver" shall mean the person having the charge or control of a vehicle or horse upon a street. (g) The word "voter" shall mean a duly registered voter of this town. (h) The words "town officer" or "officer" shall include all town officers, either elected or appointed, serving as a member of any board, commission, committee or otherwise, but shall not include town meeting members. (i) The word "member", except where the context otherwise requires, ' shall mean a town meeting member as defined by Chapter 215 of the Acts of 1929. 1 Section 4. Whoever violates any by-law of the town shall pay for each ' offense a fine not exceeding twenty dollars unless some other penalty is expressly provided by law, or by some by-law of the town. Section 5. All fines and penalties for the violation of any by-law&shall be paid into the Town Treasury. ARTICLE II. PROMOTION OF A SOUND PUBLIC POLICY. Section 1. No member of any board, commission, committee or`'other town officer shall in behalf of the town, approve, make or join in the making of any contract, bargain or agreement in, through or by which he has ether ' directly or indirectly any financial or pecuniary interest otherwise than in common with the citizens of the town in general. �'}! Section 2. No board, commission or committee shall appoint or elect one of its own members to any town office which is in any way subject to the jurisdiction of such board, commission or committee. Section 3. No member of any board, commission or committee,. shall either by agreement of the other members of such board, commise?n or committee, or otherwise, receive any fee, payment or financial comperS'ition or the town, for any work or service performed'by him, in connection twith - - his duties as a member of such board, commission or committee. ARTICLE III. THE CALLING AND NOTICE OF TOWN MEETINGS. : Section 1. Every town meeting shall be called by a warrant directed to a constable or other duly appointed person. Such warrant shall contain articles briefly setting forth the various subject matters which may be considered and acted upon at such meeting. 1 Section 2. The warrant for a town meeting shall be served by poslipg a printed copy thereof in five (5) public places in the town and also by sending by mail, postage prepaid, not less than seven days before the time stated in the warrant for holding such meeting, a printed copy of such warrant addressed to every registered voter of the town at his last residence, as appears from the records of the Board of Registrars of Voters. Section 3. The officer or person appointed to serve the warrant for a town meeting shall, immediately after making the service thereof, deliver to the Town Clerk the original warrant,with his return endorsed thereon stating fully the manner in which he served the same. Section 4. The annual meeting of the Town for the election of town officers and town meeting members and the transaction of municipal business shall be called for the first Monday of March in each year, provided,however, that if it shall fail to be so called in consequence of any defect in the warrant or other irregularity, it shall be called for a date as soon thereafter as may be practicable. Section 5. The annual meeting of the town shall be called for six o'clock in the morning and thereafter the polls shall be open continuously for voting until eight o'clock in the evening. Immediately upon the announcement of the result of the voting, the meeting shall stand adjourned until such time and at such place as shall be set forth by the Selectmen in the warrant for the meeting. Section 6 The Town Clerk, as soon as practicable after a town meeting is adjourned, except the adjournment provided for in the preceding Section, shall give notice of the time to which the meeting is adjourned and of the business to be acted upon. Such notice shall be posted in five or more public places in the town and,if the period of adjournment will permit, shall be mailed to each town meeting member at least twenty-four hours before the time of the adjourned meeting and published in some newspaper published in the town. ARTICLE IV. THE OPENING AND PROCEDURE OF TOWN MEETINGS FOR THE ELECTION OF OFFICERS. Section 1. Every town meeting for the election of town officers and town meeting members and any other matters to be acted upon and deter- mined by ballot of the voters shall be by meetings of the registered voters of the several precincts in the polling places designated for their respective precincts at the time fixed in the warrant and shall be conducted in accord- ' ance with the General Laws relating to precinct voting at elections. ARTICLE V. THE OPENING AND PROCEDURE OF TOWN MEETINGS FOR THE TRANSACTION OF MUNICIPAL BUSINESS. 1 Section .1. Every representative town meeting shall meet at the time and place.fixed in the warrant and shall be called to order by the Moderator. In the absence of the Moderator, the meeting shall be called to order by the Town Clerk, whoshall preside until a Temporary Moderator is chosen. 1 Section 2. Immediately after_the,calling of the meeting to order by the i Moderator, the warrant for the town meeting and the return of the person I who served the same shall first be read by the Town Clerk,unless the meeting votes that the reading of the articles in the warrant be dispensed with. Section 3. At all representative town meetings held in Cary Memorial Hall, the space on the floor between the front of the Hall and the transverse aisle shall be reserved for town meeting members and no person who is not a member shall'be admitted within the reserved area unless otherwise ordered r by the Moderator or by vote of the meeting. Check lists of members shall be I kept at convenient places adjacent to the entrances to said reserved space s during all meetings and for a reasonable time prior to the opening of the I meetings, and members shall be admitted to said reserved area upon giving e their names to checkers in charge of said lists. MODERATOR a Section 4. The Moderator shall preserve order and decorum. He may 9 speak to points of order in preference to other members. Each question of o order, with the decision thereon, shall be entered by the Clerk in the records r of the meeting. Section 5. The Moderator may appoint a member to perform the duties b of the Moderator while he addresses the meeting, or in case he is called away t: from the meeting. MOTIONS AND ORDER OF BUSINESS. h Section 6. Unless otherwise provided by law or by by-law, all motions shall require only a majority vote. b, Section 7. All articles in the warrant shall be up in their order o: upon the warrant unless otherwise ordered by a vote of the meeting, and no of motion or resolution the subject matter of which is not set forth in some tc article in the warrant, shall be entertained. p1 • Reprinted from The LEXINGTON MINUTE-MAN Section 8. Every motion shall be reduced to writing and signed by the person presenting it when so requested by the Moderator, and before receiv- ing any motion the Moderator may require that it be seconded; a motion may be withdrawn by the mover if no objection is made. Section 9. No motion carrying an expenditure or appropriation of money, except where such expenditure is required by law, shall be acted upon at any town meeting until some report thereon has been made by the Appro- priation Committee, except as hereinafter otherwise provided. Section 10. After any action, except to lay upon the table or to postpone to a time certain or to commit, has been taken upon the subject matter of any article in the Warrant and another article has been taken up, such former article shall be deemed to be closed and no further action, except a motion to reconsider, shall be taken thereafter except by a vote of two-thirds of the ,; members present and voting, to reopen such article. Section 11. No motion, the effect of which would be to dissolve the meeting, shall be in order until every article in the warrant for such meeting has been finally disposed of, except by a vote of at least two-thirds of those present and voting; but this shall not preclude an adjournment of the meeting to some other date. RULES OF DEBATE. Section 12. Any registered voter who is not a town meeting member may speak at any meeting, but in so speaking shall be subject to the same limitations as members. Section 13. No member shall address the meeting without first being recognized by the Moderator, and all members shall at the request of the Moderator be silent. When two or more members rise to speak at the same time, the Moderator shall name the one entitled to speak. Section 14. No member while speaking shall be interrupted by another, except to call to order, or for a privileged motion, or to give notice of a motion to reconsider. Section 15. No member shall speak more than once on any question to the prevention of those who have not spoken and desire to speak thereon. Section 16. Without first obtaining leave of the meeting, no member shall speak more than twice on any question except to correct a mistake, or misstatement or to make an explanation, and no member shall speak more than ten minutes at any one time without being again recognized by the Moderator. Section 17. A motion (a) to waive the limitations set forth in the pre- ceding section, or (b) to adjourn, or (c) that the vote upon the question under consideration be taken by ballot with the use of the check-list, shall be in order at any time, except on an immediate repetition of the same motion or pending a verification of a vote, and none of these motions shall be open to debate. Section 18. When a motion is under debate no motion other than those mentioned in the preceding section shall be entertained, except the following subsidiary motions, namely: (a) To lay upon the table, or take from the table. (b) For the previous question. (c) To close the debate at a specified time. (d) To postpone to a time certain. (e) To commit, or re-commit, or refer. (f) To amend. (g) To postpone indefinitely. which several motions shall have precedence in the order in which they arc arranged in this by-law, and all shall be open to debate, except the first two Section 19. Debate on such subsidiary motions shall be limited to ter minutes, and no person shall speak more than three minutes nor more that once. Section 20. When debate is closed by ordering the previous question 01 by vote to close the debate at a specified time, the maker of-the main motion under consideration shall be allowed to speak ten minutes and may grant t( any other member a part or whole of his time, or give his time to th( meeting. Section 21. Debate may be closed at any time not less than ten minute: from the adoption of a motion to that effect. RECONSIDERATION Section 22. No vote shall be reconsidered except upon a motion to tha effect or upon a notice of such motion given at the same session of the meet ing and within thirty minutes after the result of such vote has been declare( and any voter may make a motion to reconsider or give notice thereof. Section 23. The debate on a motion to reconsider shall be limited t: thirty minutes and no person shall speak more than five minutes at one time nor more 'than once without the leave of the meeting. Section 24. When a motion of reconsideration is decided that decisioi shall not be reconsidered and no question shall be twice reconsidered,nor shal any vote be reconsidered upon the following motions, namely: (a) To adjourn. (b) For the previous question. �-- _(c) To'lay on the table.. -- - - AI (d) To take from the table. (e) To close debate at a specified time. PREVIOUS QUESTION Section 25. The previous question shall be put in the following form: the `Shall the main question be now put?" and all debate upon the main question of hall be suspended until the previous question is decided. sui' Section 26. The adoption of the previous question shall put an end to all clai ebate except as provided in Section 24 of this Article, and shall bring the or neeting to a direct vote upon pending amendments, if any, and then upon am, he main question. AMENDMENTS. per I Section 27. An amended amendment cannot be amended and no any notion or proposition of a subject different from that under consideration aut (hall be entertained under color of an amendment. vot Section 28. In filling blanks, or in cases of several amendments of tifferent amounts, or periods of time, the largest sum and the longest time aft, hall be put first and an affirmative vote thereon shall be a negative vote of TON Illy smaller sum or shorter time. sop VOTING. tow of Section 29. When a question is put (in case only a majority vote is cou equired) the sense of the meeting shall be determined by the voices of the iembers, and the Moderator shall first announce the vote as it appears to him apI y the sound. If the Moderator is unable to decide by the sound of the voices, the r if his announcement is thereupon doubted by twenty or more members req ising in their places for that purpose, the Moderator shall, without debate, que etermine the vote by ordering a rising vote and he may appoint tellers to and lake and return the count, or he may order a poll of the meeting. tow Section 30. The vote on any motion, provided the meeting so orders, tall be taken by a "Yes" and "No"ballot with the use of the check-list or by not poll of the meeting. pro Section 31. When a motion is readily susceptible of division, it shall be ags ivided and the vote upon each part taken separately, provided the Moderator the :ems best or twenty-five members present so request. nec QUORUM. pro Section 32. The presence of one hundred members at a town meeting for for ie transaction of business shall be required to constitute a quorum, except r a motion to adjourn for which no quorum shall be required; provided, )wever, that no vote carrying the expenditure or appropriation of any sum Jan money shall be held to be invalid by reason of lack of the required quorum, act: 'less it appears from the records of the Town Clerk of the meeting that Pre !fore the result of such vote was declared the question of the presence of a sue forum was duly raised and that such record shows that the required quorum rep is lacking. am, seti ELECTIVE TOWN OFFICERS NOT CHOSEN BY BALLOT. ' sep Section 33. Such elective town officers as are not required by law to be disc osen by,ballot shall be elected by a voice vote unless the meeting at which ter he ey are to be chosen determines otherwise. FURTHER RULES OF PROCEDURE. oth Section 34. The procedure and conduct of the business meetings of the wn not herein provided for shall be governed by "Roberts' Rules of Parlia- mtary Practice" so far as they are applicable and are not inconsistent with B By-Laws of the town. ARTICLE VI. by- as I SELECTMEN - BOARD OF PUBLIC WORKS. ing Section 1. The Selectmen shall have the general direction and manage- mo) ' nt of the property and affairs of the Town in all matters not otherwise ovided for by law, or by these By-Laws, and they shall serve without con iary or other financial compensation, but shall be allowed and paid Two for mdred Dollars per member per year as reimbursement for the costs and wit penses incurred in office. is s Section 2. The Selectmen shall annually during the month of April or soon thereafter as practicable, unless otherwise provided by law, appoint his ne person as Superintendent of Public Works in accordance with the re- irements of Section 2 of Chapter 1 of the Acts of 1922,who shall serve for mei year and until his successor is appointed and he may be suspended or reci noved at any time by said board. ai Section 3. The Selectmen shall.determine and designate numbers for the the' ldings abutting upon or adjacent to such streets or portions of streets as !y may deem best for public convenience. No person shall neglect or use to affix to any building owned by him,the street number designated for Pro i by said board. sha Section 4. The Selectmen shall provide and maintain a suitable bulletin out rd in the vestibule of the Town Office Building and in the vestibule of each the public libraries of the town, and shall provide and maintain suitable be i side billboards at such places in the town as they deem necessary, where Cle xi, legal and other notices as they may authorize, may be posted for rep( (lic information. , rep( • he Section 5. They shall have charge and control of the Town Office iv- Building, and may let or rent so much thereof as is not required for town ay purposes, upon such terms as they may deem proper. Section 6. The Selectmen shall provideand maintain offices in the Town of Office Building for all town officers, so far as practicable, and any town on official who cannot be there accommodated, the Selectmen shall furnish with •o- offices elsewhere, in some convenient place. - Section 7. That portion of the Town Office Building which is occupied ne by the offices of the Board of Selectmen, or Board of Public Works, the Town of Clerk, the Town Treasurer, and the Collector of Taxes, shall be kept open er continuously for the transaction of business for eight hours each week day, to except holidays, and on Saturdays for four hours, the particular hours to be ae arranged by the.Selectmen for the convenience of the public. Section 8. Any board or officer in charge of a department may, with ie the approval'of the Selectmen, sell any personal property or material for ig that department no longer required by it and not exceeding three hundred 3e dollars in value. Ig - ARTICLE VII. SELECTMEN—DEPARTMENT OF HEALTH. Section 1. The Selectmen shall provide and maintain under their care ;r and supervision, some-suitable place or places within a reasonable distance 1e of the villages of the town for free public dumping, upon which the inhabi- tants of the town may dump or deposit ashes, cinders, papers and other refuse and rubbish in accordance with such rules and regulations as the ,e Selectmen may from time to time make. ARTICLE VIII. SELECTMEN - DEPARTMENT OF WATER AND SEWERS. aSection 1. The Selectmen, Department of Water and Sewers shall, upon a petition for an extension of water mains in either accepted or unaccepted o streets, -upon appropriation therefor being made by the town meeting, construct such extension, provided such petitioners agree upon terms and r with surety satisfactory to said board, to pay annually to the town for rental or use of water so furnished, a sum equal to. six (6) per cent per annum, on rthe cost of the construction of such extension as determined by said board, until for a period of two successive years, the total amount of the water rates from water takers whose service pipes are connected with such extension, amounts to said (6) per cent per annum on such cost of construction, but - such agreement shall in no case be required for a longer period than ten r years. This rate of interest of six per cent per annum shall apply to all I outstanding agreements for the extension of water mains from and after the r date when the petitioners in such agreements accept the same, provided they > are not then in arrears under the terms of their respective agreements. No such agreement shall be required if assessment of betterments is made in connection with such extension. ARTICLE IX. TOWN CLERK. Section 1. The Town Clerk, as soon as possible after a vote of the town has been passed which relates particularly to or affects the duties of any board, committee or officer of the Town, shall furnish a copy of such vote to such board, committee or officer. Section 2. The Town Clerk shall promptly notify in writing each mem- ber of every committee who may be elected or appointed at any Town meeting or in pursuance of any vote thereof. Such notice shall contain a copy of the vote creating the committee and the names of all members of such committee. Section 3. The Town Clerk shall see that every conveyance to the town of any interest in land, except as otherwise provided by law, is duly recorded in the proper registry therefor, and he shall have the custody of all such j recorded instruments after the same are ready for return from the registry. He shall keep in a book devoted to that purpose alone, true copies of all conveyances executed and delivered by the town of any interest in land. Section 4. The Town Clerk shall promptly after each session of a Town meeting furnish the Town Accountant with a statement of all moneys appro- priated by the Town at such session and the purpose for which such moneys were respectively appropriated. Section 5. The Town Clerk shall during the month of January prior to each annual town meeting, notify in writing the chairman of any committee which has made no report to the Town since the last annual meeting, that some report will be expected at the coming annual town meeting and the warrant for such annual town meeting may contain an article to hear and act upon the report of each of such committees specifically naming them. Section 6. The Town Clerk shall provide and have in readiness for use at Town Meetings a sufficient supply of "Yes" and "No"ballots; these ballots 'shall not be distinguishable from each other in size, shape, clor, paper or ink, or in size and style of type. ARTICLE X. • COLLECTOR OF TAXES AND TOWN COLLECTOR. Section 1.,_ The Collector of Taxes shall act also as Town Collector and hall collect a'f accounts due the Town ARTICLE XI. TOWN COUNSEL( AND LEGAL AFFAIRS. ' Section 1. Except as otherwise provided by law or by vote of the town, the Board of Selectmen shall have the full and exclusive authority as agents of the town to institute, prosecute, defend, compromise and settle all claims, suits and actions brought by or against the town, provided, however, that no claim or action against the town, unless reduced to the form of an execution or decree of court, shall be compromised or settled by the payment of any amount in excess of three hundred dollars,without a special vote of the town. Said Board shall I also have authority as agent of the town to appear personally or by counsel, before any court, committee of the Legislature, or any state or county`'board or commission, but such authority does not authorize said Board to commit the town to any course of action without a vote of the town therefor. Section 2. The Board of Selectmen shall each year within thirty days (after the annual election of town officers appoint some attorney-at-law as ,Town Counsel, who shall serve for the term of one year and until his succes- sor is appointed; he shall receive for his services such compensation as the town may determine and he may be removed at any time by a majority vote of said Board. Said Board may, whenever it deems necessary employ special counsel to assist or act in place of the Town Counsel. Section 3. The Town Counsel shall draw, supervise the drawing or approve all contracts, deeds, bonds and other legal instruments relating to the town; he shall give legal advice and furnish a written opinion when so requested by any town officer, board or committee, regarding any legal question or matter relating to the duties of such officer, board or committee, and no officer, board or committee shall at the expense or in behalf of the_ town employ or be represented by any other than the Town Counsel, Section 4. The Town Counsel shall, as soon as possible after receiving notice from the Chief of Police or otherwise, of any injury to person or property, under circumstances which may give rise to a claim of damages against the Town, make a thoroughinvestigation relative thereto and with the approval of the Board of Selectmen, take such steps as may be deemed necessary to properly protect and defend the Town against such claim. Section 5. The Town Counsel shall prosecute or defend all cases and proceedings to which the Town is a party. He shall also prosecute all cases for the breach or violation of the by-laws of the town. Section 6. The Town Counsel shall annually during the month of January ofeach year} report in writing to the Board of Selectmen, (a) all actions by or against the Townwhich were pending at the beginning of the preceding fiscal year; (b) all actions brought by or against the town during such year, and (c) all actions settled or disposed of during such year. Such report shall show the full name of each plaintiff or defendant, the nature and I amount of the claim in each case, and the terms upon which any case was settled or disposed of during such year. Such reports shall also show the separate amounts received by the Town Counsel as compensation and for edisbursements in each'of such actions during such year, and for all other services not covered by his regular salary. Such report shall be printed in the annual Town Report. Section 7. The Town Counsel shall not during his term of office hold any other appointive or elective office of the town. ie ARTICLE XII. h GENERAL COMMITTEES. Section 1. All committees, except as otherwise provided by law or by by-law or by vote of the meeting, shall be appointed by the Moderator as soon as may be after the passage of the vote creating the committee and in choos- ing a committee by nominations from the floor, no person shall nominate more than one member of such committee. ,e- se Section 2. Unless otherwise.provided, the first named .member of a ut committee shall immediately call all the members of the committee together 'Aro for the purpose of organization, and each committee shall thereafter proceed rid with its duties and report to the town as promptly as possible and, unless it is sooner discharged, it shall make a report at the next annual meeting. nor Section 3. No person shall serve on any committee in a matter where int his private right is immediately concerned distinct from the public interest. re- Section 4. No report of a committee chosen or appointed at a previous LOT or meeting shall be acted upon at a subsequent meeting, otherwise than to be received or published and distributed, unless it has been announced in the warrant for such subsequent meeting that a report of such committee was the there to be considered. as or Section 5. A vote to accept a report of a committee (except a report of for Progress) shall, unless otherwise provided, discharge the committee, but it shall not operate as an adoption of the recommendations of such report with- !tin out an express vote duly passed to that effect. ach Section 6. All reports of committees, except reports of progress, shall Ible be in writing and shall be permanently filed for preservation with the Town ere Clerk, and if the Board of Selectmen deem best, or the town so votes, the for report of any committee shall be published as a part of the next annual town report. ARTICLE XIII. APPROPRIATION COMMITTEE. S( Section 1. There shall be a.Committee called t'ie Appropriation Com- a mittee, which may consider any and all municipal questions for the purpose h of making reports or recommendations thereon to the' town. . Such committee shall consist of nine voters of sound business experience or good judgment and the Town Accountant,who shall ex-officio be a member 71 of the Committee, and no member of the Committee, other than the Town a. Accountant, shall be a town officer or town employee. Such committee shall be chosen by an appointing committee composed IT the Moderator,the Chairman of the Board of Selectmen, and the Chairman tc of the last Appropriation Committee. Such appointing committee or a majority of them shall, within thirty, t] days after the final adjournment of each annual town meeting, appoint three members, each to serve for terms to expire on the final adjournment of the 11 annual town meeting held for the third year ensuing after the date of such appointment. 1i Section 2. The Appropriation Committee shall, as soon as possible after h the annual appointment of new members to the committee has been made, 13 meet for the purpose of organization. They shall elect from their member- ship a chairman and a secretary,who shall hold office until the final adjourn- , ment of the next annual town meeting, or until their successors are elected. s The secretary may receive such compensation as the committee may fix, and a the Town appropriate therefor. The committee may from time to time make such rules and regulations with reference to their meetings and the conduct of their work as they may deem best for the interests of the town, and they',may also hold public meetings and invite any town officer, employee, citizen or person to attend, l� and to give such information as he may have,which will assist the committee 0 upon any public matter coming before it for consideration. a The committee shall, prior to each annual town meeting for the trans- action of business,hold one or more meetings at which only the Selectmen, the Chairman of the Board of Assessors, the Chairman of the School Com- n mittee and the Chairman of the Cemetery Committee shall be invited to be present to consider the items which make up the annual budget,and any other t, municipal matters. Section 3. The Town Clerk shall as soon as possible after a warrant has b been drawn for a town meeting send a copy thereof to each member of the committee. Section 4. The Committee shall prior to each annual town meeting for the transaction of business prepare, publish and distribute by mail to the voters of the town a budget showing in detail the anticipated income and o expenditures of the town for the then current year, together with its advice t and recommendations with reference to the various appropriations of the s town funds, and other municipal matters coming before such town meeting. The committee shall at each annual town meeting present and explain v such budget with its advice and recommendations and it shall also at each special town meeting'give its advice and recommendations with reference to r any appropriation of the Town funds or other municipal matter coming before o such special town meeting. Section 5. Whenever a vacancy occurs in the appointed members of the Appropriation Committee, notice thereof shall at once be given to the Town Clerk, who shall thereupon notify the appointing committee, who shall for- with fill such vacancy. i t ARTICLE XIV. BONDS, NOTES AND MONEYS. 1 Section 1. All income, revenue and moneys belonging to the town when r received or collected by any board, commission or officer shall be promptly paid over to the Town Treasurer. Section 2. All notes and bonds issued by the town for the purpose of E borrowing money shall be negotiated and sold by the Selectmen,who shall in all cases advertise for offers therefor. ARTICLE XV. CONTRACTS. Section 1. Except in cases of public calamity or extreme necessity, whenever any work is required to be done for the Town or any contract for labor or materials, or both, is to be made in behalf of the Town, for an amount exceeding the sum of $1000.00, the town- officer having the matter in charge shall solicit proposals for the same from two or more f reliable parties, regularly engaged or employed in such work or business, or shall publicly advertise for bids, and may require that a bond with satisfac- I tory sureties for the faithful performance of such contract shall be furnished, but no contract shall be split,separated or divided for the purpose of reducing the amount thereof below said sum of $1000. So far as practicable, contracts for less than $1000 shall be made or awarded in such manner as to secure the benefit of reasonable competition. ARTICLE XVI. EXECUTION OF DEEDS. Section 1. Whenever it is necessary to execute a deed or other instru- Truant convevine any interest in land belonging to the Town, other than a tax_j ---- - -- _ -- - ueeu,-unless Itis-otnerwise provlaea-oy-law,-or-by vote of the'lown;Such-deed -� or instrument shall be executed in behalf of the Town by a majority of the Board of Selectmen and countersigned by the Treasurer of the Town and it shall be sealed with the Town Seal. ARTICLE XVII. TOWN REPORTS AND TOWN OFFICERS FEES. Section 1. Each town officer, board, commission and committee shall i annually, and not later than January 15th of each year,prepare and submit to the Board of Selectmen, a report in writing covering clearly and concisely the work of his department for the preceding year. Each of such reports shall be printed in the annual town report, unless otherwise voted by the Town i Meeting. ' Section 2. All fees received by any town officer by virtue of his office, I except as otherwise provided by law, shall belong to the town, and shall be duly paid into the town treasury by such officer. The amounts of any such I fees to which such officers are entitled by law shall be reported by them from time to time to the Selectmen. ARTICLE XVIII. TRUST FUNDS. Section 1. The trustees of public trusts as a part of their annual report in relation to all funds, except funds for the perpetual care of cemetery lots, shall give a brief statement identifying the donor and the particular object for which the fund was established. 1 ARTICLE XIX. GUIDES TO HISTORICAL POINTS. Section 1. No person for hire or remuneration shall hold himself out or act as a guide with reference to the historical places and buildings in this town without first obtaining a permit in writing therefor from the Board of Selectmen. The charge for such permit shall be one dollar and the same may I be revoked at any time for cause satisfactory to said Board. ARTICLE XX. VEHICLES USED FOR HIRE TO TRANSPORT PASSENGERS OR FREIGHT. Section 1. Except as otherwise provided by law the Selectmen may grant licenses to owners of vehicles upon such rules and regulations as said Board may deem proper, not inconsistent with these by-laws, to use such vehicles for the conveyance of persons or property for hire, and may desig- nate stands and locations upon the streets of the town where such vehicles may stand or wait for.employment. Section 2. Every such license shall be granted to expire on the first day 1 of May next ensuing after the date of its issue and it may be revoked at any time for cause satisfactory to said Board. Each license may cover one or more vehicles belonging to the same owner, shall bear upon its face the date of its issue, the date of its expiration, the name and address of the owner of the vehicle or vehicles to whom the license is issued, and a description of each vehicle so licensed sufficient for its identification. A separate number shall be designated for each vehicle so licensed and the owner shall before using such vehicle for hire, have such number plainly marked upon each side 1 thereof, excepting only in the case of motor vehicles duly registered under the laws of this Commonwealth, and in such cases the license issued here- under shall contain the registration number of such motor vehicle. The fee for each license shall be one dollar for each vehicle covered thereby and no license shall be transferred except with the approval of the I Board of Selectmen duly endorsed thereon. Section 3. No person shall hold himself out as the owner, driver or ; operator of any vehicle used for the purposes mentioned in this article,unless such vehicle is duly licensed as provided in the two preceding.sections. ARTICLE XXI. JUNK SHOPS, JUNK DEALERS AND COLLECTORS. Section 1. The Selectmen may license suitable persons to be dealers in and keepers of shops for the purchase, sale or barter of junk, old metals or second-hand articles and may make such additional rules, regulations and restrictions as they deem proper, not inconsistent with the provisions of law or of these by-laws. Section 2. Every keeper of a junk shop shall keep a book,in which shall . be written at the time, every purchase of any article mentioned in Section 1, a description thereof, the name,the age, and the residence of the person from • whom, and the day and the hour when such purchase was made, and such book shall, at all times, be open to the inspection of the Board of Selectmen, or of any person by them or by law, authorized to make such inspection. Section 3. Every keeper of a junk shop shall display in a suitable and conspicuous place in his shop,•a sign having his name and occupation legibly • inscribed thereon in large letters, and such shop and all articles and merchan- dise therein may, at all times, be examined by the Board of Selectmen, or by any person by them or by law, authorized to make such examination. Section 4. No keeper of a junk shop shall, directly or indirectly, either purchase or receive by way of barter or exchange, any of the articles men- tioned in Section 1, of a minor, or an apprentice, knowing or having reason • to believe him to be such, and no article purchased or received by a junk • dealer shall be sold, concealed, broken up or disposed of, or its identity destroyed, until at least thirty days have elapsed from the date of its purchase or receipt. Reprinted from The LEXINGTON MINUTE-MAN Section 5. Every junk shop shall be closed, except between the hours of yen o'clock in the forenoon and eight o'clock in the afternoon, and.no junk a I op keeper shall purchase, receive, sell or dispose of any of the articles thi ?scribed in Section 1, excepting during the hours his shop may be open, as or erein specified. ' license suitable persons to be or Section 6. The Board of Selectmen may snsto e µnk collectors, to collect from place to place in this town, by purchase r therwise, any of the articles mentioned in Section 1. I Section 7. No collector of junk shall, directly or indirectly, either pur- base or receive,by way of barter, exchange or otherwise, any of the articles or ientioned in Section 1, of a minor or apprentice, knowing or having reason at o believe him to be such. Section 8. No collector of junk shall purchase, collect or receive any of he articles mentioned in Section 1, except between the hours of seven o'clock n the morning and sunset. Section 9. Every collector of junk while engaged in collecting,transport- b' p tl ng or dealing in the articles mentioned in Section 1, shall wear upon the out- by hide of his clothing a badge and have upon each side of any sedtby w him, a sign,well displayed, such badge and sign to be .per Board of Selectmen. Section 10. Every vehicle and receptacle used by a collector of junk shall at all times, be open to the inspection of the Board of Selectmen, or s Jany person by them or by law authorized to make such inspection. o ARTICLE XVII. o REMOVAL OF SNOW AND ICE. Section 1. No owner or agent having charge of any building or lot of land abutting on a sidewalk, within the limits hereinafter defined, shall place, s or permit or suffer to remain for more than four hours between sunrise and e sunset, any snow or ice upon such sidewalks, unless such ice is made even and covered with sand, sawdust, earth or ashes to prevent slipping. Until otherwise determined said limits shall be the sidewalk on the northerly side of Massachusetts Avenue between Grant and Meriam Streets, I the southerly side of Massachusetts Avenue from the line of the Cary Memorial Library lot to Vine Brook, both sides of Waltham Street for a dis- 1 tance of one hundred fifty feet Southerly from Massachusetts Avenue, and both sides of Muzzey Street for a distance of one hundred feet from Massa- chusetts Avenue. ARTICLE XXIII. SNOW AND WATER FROM ROOFS. Section 1. No owner of a building abutting upon or adjacent to the line of any street, or his agent having care thereof, shall cause, permit or suffer the water from the roof of such building to discharge upon or flow across the surface of the sidewalk adjacent to such building. art of Section 2. Every owner of a building abuttinon str or any part of which stands within fifteen feet of the line of any public , ri which building pitches or slopes towards the street, shall fit or provide such roof with snow barriers or guards sufficient to effectually prevent the sliding e of snow and ice from such building into any part of the street. j USEARTICLE XXIV. e OF STREETS, SIDEWALKS AND PUBLIC PLACES AND n r- BEHAVIOR THEREON. TRAFFIC REGULATIONS. � Section 1. No driver of a vehicle shall stop the same with its left side to the curb, sidewalk or side of the street. Section 2. No driver of a vehicle shall permit the same to remain backed to the curb, except when actually loading or unloading, and then not en more than ten minutes at a time. or to allow another vehicle or pedes 1Y Section 3. Unless in an emergency, in stret of trian to cross its way,no driver of a vehicle shalo otherucsa any any t eer except close to the curb nor in such a way as lin crossing. Section 4. No driver of a vehicle shall stop or stand the same within the intersection of any street,nor within fifteen feet of a street corner,nor within ten feet of a post hydrant. lty, Section 5. No driver of a vehicle shall stop or stand the same on either act side of a street within fifty (50) feet of a straight line extending at right Kr angles across the street from the center of the front line of the lot on which the a fire engine house or station is located, except to let off or take on passen- ore gers or to receive or deliver goods or merchandise. or Section 6. No driver of a vehicle shall stop the same in a street of rac- public place for the purpose of exchanging or transferring goods, or merchan dise,to or from any other vehicle, except in such places as the Selectmen mal ig designate for such purpose. acts Section 7. Every driver of a vehicle in turning to the right into another .ure street shall keep such vehicle as near the right curb or right side of thf i street as possible. the Stione shall pass to e the right of and beyond the cedriver of a vehicle in nter of the left intersection o streett s P the street before turning. ;tru- Section 9. Every driver of a vehicle crossing from one side of a stree I tax to tha other shall do so by turning such vehicle to the left so aq- to head the general direction of traffic on that side of the street. Section 10. Every driver of a slow moving vehicle shall keep the same as close as possible to the right-hand side of the street. Section 11. A police officer may divert either vehicles or pedestrians when necessary to avoid congestion or when necessary for public safety or convenience, and no person having charge of a vehicle shall refuse or neglect to drive, stop, place or park the same as directed by a police officer. Section 12. No person shall, in any street or public place,wash or clean any animal or vehicle, or shake or clean any mat or carpet. Section 13. When a horse-drawn vehicle is backed to the curb or side- walk,the horse or horses shall be turned so as to stand parellel with the side- walk and headed in the general direction of travel on the side of the street on which the vehicle is standing. Section 14. No person shall drive, guide or have the care of two or more horses harnessed respectively to different vehicles. Section 15. No person shall leave a horse unattended upon a street for a longer period than five minutes unless he is tied to a post or a weight, or unless the wheels of the vehicle to which he is harnessed are securely fastened or chained. Section 16. No person shall drive or conduct any vehicle in such a con- dition, or so constructed, or so loaded as to be likely to cause delay in traffic or accident or injury to persons or to property. Section 17. No person when driving a vehicle with a horse or horses at- tached thereto shall cease from holding the reins in his hands to guide and restrain the same, nor when not riding cease from walking by the head of the shaft or wheel-horse, either holding or keeping within reach of the bridle or halter thereof. Section 18. No person who is less than sixteen years of age, unless otherwise authorized by law, shall drive a vehicle upon the street without a permit from the Chief of Police. Section 19. No person shall ride upon the rear or side of any vehicle without the consent of the person in charge thereof. Section 20. No person shall drive any vehicle upon or over any hosepipe while the same is laid by public authority for use in any street or public place in a town. - Section 21. Police, Fire Department and Ambulances shall have the right to pass any traffic signal, but in so doing shall slow down and proceed with due caution. Section 22. No person shall break, deface or move any official sign post, signaling or traffic device, warning barrier, lantern or other light, placed or located in any street or public place for the information or direction of traffic or the protection of the public. OBSTRUCTING USE OF SIDEWALK Section 23. No person shall obstruct the free, open and convenient use, by the public for travel, of any sidewalk,by occupying the same with goods, wares,merchandise or other chattels, or by using the same as a place of resort, amusement, recreation or business. Section 24. No person shall deliver, or place or cause to be delivered or I placed upon any sidewalk in this .Town, any coal, trunk, bale, box, crate, barrel, package, bundle, or any other article or thing, so as to obstruct the free, open and convenient use of such sidewalk for more than thirty minutes at one time or for more than ten minutes at one time after being notified to c remove such obstruction by a police officer. Section 25. No driver of a horse or vehicle shall drive or allow the same 3 to stand or be on any sidewalk. Section 26. No person, unless authorized by law, shall use or operate on i any sidewalk any bicycle or vehicle except a child's carriage propelled by hand. SPEED IN DRIVING. Section 27. No person shall ride or drive any animal in any street or I public place in this Town at a rate of speed in excess of eight miles an hour, t or in any such manner as to injure or unreasonably incommode or endanger travelers thereon. - I SCHOOLHOUSE NOTICES. Section 28. The Selectmen shall cause permanent notices or signs to be I posted and maintained,warning street cars, automobiles and other vehicles to go slowly if passing public schoolhouses, and a sign reading, "Schoolhouse- Ahead, Go Slowly", when suitably posted shall be sufficient compliance with t this requirement. DISORDERLY BEHAVIOR. t • Section 29. No person shall acost or address another person with pro- fane, obscene, indecent or insulting language, on any street or other public place, or in any public building, and no person shall be rude, boisterous, indecent or disorderly conduct on any street, or in any public place or public building, annoy or disturb any person peaceably thereon or therein. Section 30. No person shall loiter, saunter or continue to sit or stand in b any street, public place or public building, so as to obstruct or impede the q free passage of, or in any manner annoy or disturb any other person, after o being directed by a police officer to "move on." Section 31. No persons shall habitually or otherwise gather or congre- gate or loaf about, on any street or public place, after being directed by a .21 police officer to cease such gathering or loafing. J i of Section 32. No person shall bathe in any of the waters of the town, in ink a state of nudity, in places exposed to public view, or in immediate sight of les the occupants of any dwelling. as Section 33. No person shall by any noise, gesture, or otherwise wantonly or intentionly annoy or interfere with any person in any street, public place be or public building, or frighten any horse in any street, or public place. or INJURY TO TREES AND SHRUBBERY. ur- Section 34. No person without authority so to do, shall climb any tree files or injure any tree or shrubbery standing in any street or public place, and no Lon person shall permit or suffer any animal under his care to in any way injure any such tree or shrubbery. of ck POLLUTION OF FOUNTAINS. Section 35. No person shall pollute any drinking fountain, trough`or rt- basin set up or established in any street or public place or public building in ut- this town, for the use of man or beast, or unnecessarily waste or use the by water thereof. the CURFEW. • I . Section 36. No child under the age of sixteen years shall be, loiter or 0k' remain in or upon any street or other public place in this town between the • °Thours of nine o'clock in the evening and five o'clock in the forenoon, unless such child is accompanied by or under the control of a parent, guardian or I other person having the legal custody or care of such child, or unless in the performance or returning from the performance of an errand or duty directed by such parent, guardian or other person having the legal custody or care of °f such child, or unless in the performance of or going to or returning from ce, some lawful employment or duty; and no such child while performing such ind errand,duty or employment,or while going to or returning from the perform- f hen ance thereof, shall loiter or remain upon any such street or other public place } ^.. Ghe within said period of time. ts, The Chief of Police shall keep a record of all violations of this by-law i Iry and shall cause to be notified thereof one of the parents, guardian'or other ks- person having the legal custody or care of such child. k,-. nd COASTING AND SKATING. to Section 37. No person shall coast, ski or skate on any street or public place except on such as are designated by the Selectmen or on public play- grounds. SPORTS AND GAMES. ne ier Section 38. No person shall without written permit from the Selectmen, he on any street or public place (except public playgrounds,) throw or shoot any ball, stone, arrow, snowball, stick, brick or other missile or hard substance, of or engage in any game, exercise or amusement in any street or public place of where the same interfere with the safe and convenient use thereof, or where ch such act disturbs the safety of persons or property, or the peace and quiet ng of any person. DISCHARGE OF FIREARMS. 11 Section 39. No person shall without a written permit from the Select- men fire or discharge any gun, pistol, or other firearm in or across any street or public place or within two hundred feet thereof, nor on private grounds to beyond said two hundred feet limit, against the objection of the owner, but this section shall not prevent the use of such weapons in the lawful defense of one's person, family, or property, nor in the performance of any duty of required or authorized by law. DRIVING AND FEEDING ANIMALS ON STREETS. s- et Section 40. No person shall drive any cattle, sheep, swine or other neat or animals on any street or public place except in accordance with a permit from i, the Board of Selectmen. he Section 41. No person shall permit any horse or other grazing animal in to pasture, graze or go at large on any street or public place. STREET SALES BY PEDLERS. er ht Section 42. Unless otherwise authorized by law no person shall continue ;h to stand or remain in one place,in any street or public place,seeking to make n_ sales of any articles or in the exercise of any other business, after being directed by a police officer to "move on." Jr STREET ADVERTISING. n- Section 43. No person shall, in any street or public place, carry and �y display, for advertising purposes, any show card, placard, or sign, except in or accordance with a permit so to.do from the Selectmen. Section 44. No person shall on any street or public place distribute ie handbills, circulars, advertising or printed matter of any kind except news ,r papers, in such a manner as to make a disturbance or litter without a permit )f front the Selectmen. _ STREET LITTER. A ection 45. No person, without lawful authority so to do, shall throw, eartn, garuage, ruuuisn, utter, manure or any noxious or refuse uquiu or-Soliid substance; or any glass, nails, tacks, scrap iron or similar articles. GATES, DOORS AND OTHER OBSTRUCTIONS. Section 46." No owner, tenant or other person having control of any building or premises shall permit a gate, door, blind or shutter thereof to swing open across any part of a street or sidewalk so as to obstruct or inter- fere with the use thereof. Section 47: No person shall place any obstruction in a street or on a sidewalk, and allow it to remain there, without first obtaining the consent in writing of the Board of Selectmen. STREET MUSICIANS. Section 48. No person shall sing, play or perform on any musical instrument in any street or public place and solicit or receive any compensa- tion or contribution therefor from bystanders or the public without first having obtained a license therefor from the Selectmen. STREET SHOWS AND ADDRESSES. Section 49. No person shall make or give any out-of-door speech, address, show or exhibition in any street or public place or solicit or receive any compensation or contribution therefor from bystanders or the public without first having obtained a license from the Selectmen. ADVERTISEMENTS AND NOTICES. Section 50. No person shall post or affix in any manner, paint, print or write, or cause to be painted, printed or written any notice, advertisement, bill, picture,drawing or writing, upon any tree, post, pole, fence, wall or building unless he has previously obtained the consent of the person having possession of such tree,post, pole, fence, wall or building. Section 51. No person unless required by law so to do, shall without a permit from the Selectmen, post or affix in any manner, paint, print, write or cause to be painted,printed or written any notice, advertisement,bill, picture, drawing, or writing upon any curbstone, sidewalk, tree, pole, post or hydrant in any street or public place, or upon any walk or fence or upon or in any public building. NAME OF STREETS. Section 52. Streets shall be called and known by the names given them respectively until such names shall be changed by vote of the Town. EXCAVATION IN STREETS. Section 53. No person, except Town employees duly authorized to do so, shall excavate, dig up or otherwise open or occupy any portion of a street or public place, except in accordance with a permit therefor from the Board of Selectmen. OBSTRUCTING STREETS FOR BUILDING PURPOSES. • Section 54. No person shall, in connection with the erection, alteration or repair of any building, place any materials or rubbish on any street or public place without first obtaining a written permit from the Board of Selectmen; such permit shall not run more than sixty days and shall be on such conditions as the Selectmen may require, including furnishing such security, by bond or otherwise, for the observance and performance of the conditions and for the protection of the Town, as the Selectmen may require; and especially in every case upon condition that during the whole of every night, from sunset in the evening until sunrise in•the morning, lighted lanterns shall be so placed as effectually to secure all travelers from liability to injury. Such permit may be renewed at the discretion of.the Selectmen. ARTICLE XXV. PROTECTION OF THE BATTLE GREEN AND PARKS. Section 1. No person shall engage or take part in any game, sport, picnic or performance on the Battle Green, without the written permission of , the Selectmen or other board having charge and control thereof, and no per- son shall climb upon, deface, mutilate or otherwise injure any tree, shrubbery, monument, boulder, fence, seat or structure thereon, or behave or conduct himself on the Battle Green otherwise than in a quiet and orderly manner in keeping with a respectful regard and reverence for the memory of the patriotic service and sacrifice there so nobly rendered. Section 2. No person shall sell or offer for sale any article or conduct any business upon any park, playground, or on premises belonging to or in the possession of the Lexington Historical Society (except articles offered for sale by the Lexington Historical Society within buildings owned or occupied by it) except under special license granted by the Board of Selectmen for the sale of articles for any charitable purpose.• ARTICLE XXVI. MISCELLANEOUS. Section 1. No person shall own or keep in this Town any dog which, by barking, biting or howling, or in any other manner, disturbs the peace and quiet of any person, and no person shall own, or keep in this Town any bird or fowl which, by screeching or crowing or in any other manner, disturbs the peace and quiet of any person. (Above By-Laws submitted by Committee on Revision of By-Laws at Adjourned Town Meeting March 26, 1934, to be acted upon at Town Meeting, ,June 25th, 1934.) of General £)'®Lc_ s of do no::.,1r of e ri ofoor, Ps Qc'1Ued 4 .., urec1 '-1 _ ... --.J..f'�'`� �Q a .- %5i 1(;� -v v� 7c.14, Los-con, iE S , L ceMber" _r 1,c,',34. � n,.. . � _ f:J 1�e�v-n� ✓� mow,=v are ,i^v1. it�r '�.-� :o%r, Q -,Loh the ex on o II, Sec. 2 ° __-.i icie VI, Sec. _ y icl. -,a-TV, Sec . 49 _ rc_cle =V, sec . 2, 7hich are 1'cb- f sa vro-ed® ;J c`s e Y1 E. .,ar-er, __Lto rneT General. ms is to ce_ t_T r G _c Tore 9ci_15 ne___!e_ a 2` m ^'t ._r ems', .l`M, ere r1T 1'1 ished in v�-ie Lei z ',.t 0� ._"ice �O';� of �c_ _�.��C �. __ _ �Oi" :14-lute--an 93 z J_ -7 5, 1975 Ind .,f."_r..7a_, - 19, 1G350 ;01,11( 1"L'JL v-v1. 'Lo