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.)
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