Loading...
HomeMy WebLinkAbout1982-04-21-BLC-rpt.pdf e Town of Lexington i 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 -3- 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 _(- 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- 4) J C) -s- 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 -6- 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 " -7- 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 EE rte' r - ui -3- 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 exec' C �f � s¢ frw?' .1 i ril Paul ewman n Sheila Clenion-Karp /_r4 ��j Z� ?— 7:-7 SD( St hen T Rus i.an Anthony C"'Jf4ancini 1 � ihnlAttr • Marthur Kalil -- " c T v / 17) ri i O-2 ti ('3 � 1 CY F 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)