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Town of Lexington
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I_IALI I
REPO' P OF THE, BY LAWS COMMITTEE
TO
THE TOWN MEETING
AND
THE BOARD OF SELECTMEN
Submitted April 21 , 1982
By-Laws Committee Members
Paul Newman, Chairman
Marthur Kalil
Sheila Clemon-Karp
Stephen T Russian
Anthony L Mancini
The By-Laws Committee , having been appointed by the Board
of Selectmen Pursuant to Article 4 as adopted at the Annual
Town Meeting held March 16 , 1981 , was asked to review the
Town 's General. By Laws and make r •commendati.;ns fo their
revision Oui charge wa, to suggest change: that would bring
the By-Laws into conformity with both law and practice, and
that would otherw.isc improve the By Laws For seven months the
Committee undertook this task, aided greatly by the comments of
numerous residents and officials of the Town Our review has
resulted ; n our unanimous recommendation that the following
amendments be made to the Town ' s General By-Laws
Article I - General Provisions
To amend Section 1 of Article I of the General By-Laws of
the Town of. Lexington by striking out the words "Building,
Plumbing and Signs "
Article III - The Calling and Notice of Town Meetings
To amend Section 2 of Article III of the General By-Laws of
the Town of Lexington by striking said Section 2 and
substituting therefor the following
"The the warrant for a town meeting shall be served
by posting a printed copy thereof in the Town Office
Building and also by sending by mail , postage prepaid , not
less than seven days, or in the case of a special town
meeting not less than fourteen days, before the time stated
in the warrant for holding :such meeting, a printed copy of
such darrant addressed to each dwelling house and to each
dwelling unit in multiple dwelling houses, apartment
buildings or other buildings in the Town "
To amend Section 5 of Article III of the General B •-Laws of
the Town of Lexington by striking the first sentence of said
Sectior. 5 and sub,t tuting therefor the following
"The annual meeting of the Town shall commence with
the opening of the polls for voting continuously from seven
o' clock in the morning until eight o ' clock in the evening "
Article VI - Selectmen
To amend Section 5 of Article VI of the General By-Laws of
the Town of Lexington by striking the words "and in a public
Place in each precinct and" and by substituting therefor the
word "or "
To amend Section 6 of Article VI of the General By-Laws of
the Town of Lexington by striking the words "for eight hours
each weekday, except holidays and Saturdays" and by adding at
the end thereof the words "for such hours as are determined by
the Board of Selectmen "
To amend Section 7 of Article VI of the General By-Laws of
the Town of Lexington by striking the words "one thousand
dollars" a..d substituting therefor the words "two thousand
dollars "
To amend Section 9 of Article VI of the General By-Laws of
tIe 'Pown of Lexington by striking it and substituting therefor
the follow ng
"The Selectmen shall provide and maintain under their
care and supervision, some suitable place or method for
free public disposal for the inhabitants of the town to
deposit ashes, cinders , papers and other jefuse and rubbish
in accordance with such rules and regulations as the
Selectmen may from time to time make
Article VII - Town Clerk
To amend Sections 5 and 6 of Article VII of. the General
By-Laws of the Town of Lexington by striking them in their
entirety and substituting therefor the present Section 7
renumbered as Section 5
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Article XII - General Provisions
To amend Section 1 of Article XII of the General By-Laws of
the T,0wn of Lexington by striking it and substituting therefor
the following
"All committees, except as otherwise provided by law
or by by-law or by vote of the town meeting shall be
appointed in accordance with Section 2 of the
Selectmen-Town Manager Act (Chapter 753 of the Acts of
1968 , as amended) "
Article XIII - Appropriation Committee
To amend Section 1 of Article XIII. of the General By-Laws
of the Town of Lexington by striking out the words in the
second paragraph "the joint school committee•-teachers ` salary
advisory committee or. "
Article XV - Town Celebrations Committee
To amend Section 1 of Article XV of the General By-Laws of
the Town of Lexington by striking out the words "April
thirtieth " and substituting therefor the words "June thirtieth °
Article XVI - Recreation Committee
To amend Section 1 of Article XVI of the General By-Laws of
the Town of Lexington by striking it and substituting therefor
the following
"The Town shall have a Recreation Committee It shall
consist of five voters of the Town who shall be appointed
by the Town Manager, subject to the approval of the Board
of Selectmen Upon the expiration of the term of a member ,
a successor shall be appointed for a term of three years
Terms shall expire on May thirty-first, except that members
shall continue in office until their successors have been
duly appointed and qualified "
To amend Section 2 of Article XVI of the General By- Laws of
the Town of Lexington by striking it and substituting therefor
the following
"The Recreation Committee shall administer and have
the program and policy responsibility of the Public
playgrounds and recreation centers of the Town, except as
herein otherwise provided; shall have charge of conducting
and promoting thereon recreation, play, sport and physical
education and subject to the approval of the Board of
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Selectmen may permit the use thereof by any department of
the Town or by any person, society or organization for such
other public , recreational , sorial or educational purposes
a2 the committee may deem proper and with the consent of
the public officer or board having control thereof or of
the owner , may conduct and promohe such activities on uther
public property or on private property In carrying out
its functions, the committee , consiste°.t with mown
personnel policy, may utilize teachers , supervisors and
other. personnel "
Article XVII - Permanent Building Committee
To amend the second paragraph of Section ? of Article XVII
of the General By-Laws of the Town of Lexington by substituting
"the first day of July" for "the first day of May" and
substituting "June thirtieth" for April thirtieth
Article XVIII - Trustees of Public Trusts
To amend Section 1 of Article XVIII or the General By-Laws
of the Town of Lexington by adding at the end thereof the words
'whose members shall be appointed by the Board of Selectmen as
set forth in Section 2B of the Selectmen-Town Manager Act
(Chapter 753 of the Acts of 1968, as amended) . "
Article XIX - Civil Defense
Tc amend Section 2 of Article XIX of the General By-Laws of
the Town of Ler,ingLon by adding after the words " (hereinafter
called the °director ° s the words "who ;•hall be appointed by the
Town M. nager ) " and ty striking the words "Board of Selectmen"
and substituting therefor the words "Town Manager "
To amend .,ection 3 of Article XIX of the General By-Laws of
the Town of Lexington by striking it in its entirety
Article XX - Gas Inspector
To amend Article XX of the General By-Laws of the Town of
Lexington by striking it in its entirety and substituting
therefor the present Article XXXII r-
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Article XXI - Town Counsel
To amend Section 2 of Article XXI of the General By-Laws of
the Town of Lexington by striking it in its entirety
To amend Section 3 of Article XXI of the General By' Laws of
the Town of Lexington by adding at the end thereof the words
"unless authorized by the Board of Selectmen" and renumbering
it Section ?
To amend Sections 4 and 5 cf Article XXI of the General
By-Laws of the Town of Lexington by renumbering them Sections 3
and 4 respectively
To amend Section 6 of Article XXT of the General By Laws of
the Town of Lexington by striking the word " fiscal in
subsection (a) of the first sentence , by striking the third
sentence "Such repsrts shall also show the separate amounts
received by the Town Counsel as compensation and for
disbursement in each of such actions during such year , and for
all other services not Lovered by his regular salary" in its
entirety, and by renumbering it Section 5
To amend Section 7 of Article XXI of the General By-Laws of
the Town of Lexington by renumbering it Section 6
Article XXV - General Regulations
Ti. amend Section 8 of Article XXV of the General By-Laws of
the Town of Lexington by striking it in its entirety
To amend Sections 9 , 10 , and 11 of Article XXV of the
General By-Laws of the Town of Lexington by renumbering them
Sections 9 , 9 , and 10 respectively
To amend Section 12 of Article XXV of the General By-Laws
of the Town of Lexington by striking it in its entirety and
substituting therefor the following renumbered as Section 11
"No owner or dgent having charge of any building
or lot of land abutting on a sidewalk within all commercial
and industrial ;i,litriets a defined in Section 4 2 of the
Zoning By-Laws of the Town of Lexington, shall place or
permit or suffer to remain for more than four hours between
sunrise and sunset any snow or ice upon such sidewalks
which impedes the orderly flow or safety of pedestrian
traffic upon such sidewalks, unless such ice is made even
and covered with sand or some like material to prevent
slipping "
To amend Section 13 of Article XXV of the General By-Laws
of the Town of Lexington by renumbering it Section 12
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To amend Section 14 of Article XXV of the General By-Laws
of the Town of Lexington by striking it in its entirety and
substituting therefor the following renumbered as Section 13
"No owner of a building abutting upon or adjacent to
the line of any street or his agent having care thereof ,
shall cause, pump, permit or suffer water from the roof of
such building or from the building itself , to discharge
up, n or flow across or in any way affect tLe safety of the
surface of the sidewalk or public way adjacent to such
building "
To amend Sections 15 and 15A of Article XXV of the General
By-Laws of the Town of Lexington by renumbering them Sections
14 and 15 respectively
To amend Section 16 of A. ticle XXV of the General By Laws
of the Town of Lexington by striking the word "superintendent"
wherever it appears and substituting therefor the word
"director " in each instance
To amend Section 17 of Article XXV of the General By-Laws
of the Town of Lexington by adding at the end thereof the
following words
"Such signs must conform to the Sign Regulations
set forth in the Zoning By-Laws of the Town °
To amend Section 18 of Article XXV of the General By-Laws
of the Town of Lexington by adding at the end thereof the
following words
"Such signs must conform to the Sign Regulations
set forth in the Zoning By-Laws of the Town "
To amend Section 21 of Article .tiXV of the General. By-Laws
uf the Town of Lexington by adding at the end thereof the word
°Meeting "
To amend Section 25 of Article XXV of the General By-Laws
of the Town of Lexington by striking it in its entirety and
substituting therefor the following
"No person shall b.ahave 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 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 where the
same would interfere with the safe, convenient , and
appropriate use thereof, or where such act disturbs the
safety of persons or property No person shall climb upon,
deface , mutilate, or otherwise injure any tree, shrubbery,
monument, boulder, fence, seat, or structure on the Battle
Green "
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To amend Section 27 of Article XXV of. the General By-Laws
of the Town of Lexington by
1 Striking the words "under Section 2 ` 80 of and
substituting therefor the words "as defined by "
2 Striking the words "of Section 27 "
3 Striking the words "acting under. Section 25 94 of
the Zoning By-Law "
Article XXVI - Public Conduct
To amend Section 1 of Article XXVI of the General By-Laws
of the Town of Lexington by striking it in its entirety
To amend Sections 2, 3, and 4 of Article XXVI of the
General By-Laws of the Town of Lexington by renumbering them
Sections 1 , 2 and 3 respectively
To amend Section 5 of Article XXVI of the General By-Laws
of the Town of Lexington by striking it and substituting
therefor the following renumbered as Section 4
"No person shall - with purpose to cause public
inconvenience, annoyance or alarm or recklessly creating a
risk thereof - engage in fighting or threaten, ng, or in
violent or tumultuous behavior , or create a hazardous or
physically offensive condition by any act which serves no
legitimate purpose of the actor
To amend Section 6 of Article XXVI of the General By-Laws
of the Town of Lexington by striking it and substituting
therefor the following renumbered as Section 5
"No person shall loiter or continue to sit ,
lie or stand in any street, public place .or public building
so as to obstruct or impede the free passage of any other
person after being otherwise directed by a police officer
or by posted sign "
To amend Sections 7 and 8 of Article XXVI of the General
By-Laws of the Town of Lexington by striking them in their
entirety
To amend Section 9 of Article XXVI of the General By-Laws
of the Town of Lexington by renumbering it Section 6
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Article XXVII - Licensed Parsons
To amend Section 2 of Article XXVII of the General By-Laws
of: the 'Town of Lexington by striking therefrom the word
"canvasser
Article XXVIII - Animals
To amend Section 4 of Article XXVIII of the General By-Laws
of the Town of Lexington by striking the word "a " and
substituting therefor the word 'to "
Article XXXIII - Wetland Protection
To amend Article XXXIII of the General. By-Laws of the Town
of Lexington by renumbering it Article XXXII
* * * * * * *
This report is unanimously approved by all five members of
the Eq-Laws Committee
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4/26/82
AMENDMENT TO THE REPORT OF 4t, (Z. 6;44,6t F /‘ A
/0 /7`0P/)7
THE BY-LAWS COMMITTEE
To amend Section 25 of, Article XXV ofe-fhe General By-Laws
of the Town ofeLexington by striking it in its entirety and
substituting therefor the following
No person shall behave cr conduct himself on the
Battle Green otherwise than in a quiet and orderly manner
in keeping with a respectful regard and rever ;nee for the
memory of the patriotic service ad sacrifice there so
nobly rendered No ptrson sha 1 englcie or take part in any
game, sport, picnic or performance on the Battle Green
unless (a) written permission has been given by the
Selectmen, or (b) such activity would not interfere with
the safe, convenient and appropriate use thereof, nor
disturb the safety of persons or property No person shall
climb upon, deface, mutilate, or otherwice injure any tree,
shrubbery, monument, boulder , fence, seat , or structure on
the Battle Green The Selectmen shall promulgate
regulations that define both the standards and procedures
by which they will grant or deny permits under subsection
(a ) , and the activities allowable without permit under
subsection (b)