HomeMy WebLinkAboutRegulation-Battle Green BOARD OF SELECTMEN REGULATION
UVE OF THE 11A TTLE GREEN
Date Approved by BC S: Signature of Chair:
November 19, 2018 Sze 5,
The following rtes and regulations have been adopted in accordance with the Code of theTown
of Lexington, Chapter 100-10, as amended. Any otherwise legal activities not explicitly
prohibited by these regulations, including the gathering of groups on the Battle Green for the
sole purpose of exploring its history and which do not remain for more than four hours, are
allowed. If these regulations, or portions thereof, conflict with the Code, the Code shall take
precedence.
1. Definitions
a. "audio device" means any electronic or amplified radio, television set, computer,
telephone, electronic music Inlayer, musical instrument, or other device that produces
sound.
b. "Battle Green Reenactment Organization" is a chartered group, dedicated to the
reenactment of the events that occurred on the Battle Green on April 19, 1775,using
historically accurate period appropriate weapons and costumes.
c. "Compromised turf' shall mean any condition that would make the Battle Green
vulnerable to excessive damage by heavy wear or use; for example, heavy rains,
reseeding, and drought conditions.
d. "Disorderly conduct" means any action intended to cause inconvenience, annoyance or
alarm, or which recklessly creates a risk thereof; which includes, but is not necessarily
limited to, fighting, threatening or violent behavior; unreasonable noise; abusive language
directed toward any person present; wrestling in vicinity of others; throwing of breakable
objects; malicious throwing of dangerous objects or stones; open fires, burning objects or
spitting.
e. "Powerless flight" means any device used to carr persons or objects through the air; for
example, sailplanes, gliders, balloons, body kites, hang gliders.
f. "Public use limit" means the maximum number of people or the amount, size, or type of
equipment pennitted on the Battle Green at one time, as established by the Board of
Selectmen.
g "Responsible Party" is a person filing an application for a pen-nit for an activity on the
Battle Green, who shall be responsible for compliance with these rules and regulations.
h. "Special event" means demonstrating, picketing, speechmaking, marching, holding of
vigils, and all other similar forms of conduct which involve the active communication or
expression of opinions or grievances, engaged in by one or more persons, the conduct of
which has the effect, intent, or propensity to draw a crowd of onlookers.
1 -
i. "Weapon" is an instrument®r device that can inflict serious bodily injury and includes
but is n®t limited t®: firean-ns, rifles, shotguns and antiques as defined by MGL Chapter
140, §121, air rifles and BB.-guns as regulated by MGL Chapter 269, §12B; paintball
guns; edged weapons; explosive material ®r devices; muskets and weapons that discharge
an arr®w ®r bolt.
2. Pen-nit Required Activities
a. The purpose for requiring permits for certain activities is t® promote the use of the Battle
Green in a manner consistent with its nature and history; t® protect the Battle Green fr®m
han-n- t® ensure adequate notice of the event s®that arrangements can be made t® protect
the public health and safety and t® minimize interference with the event by the public.
b. Pen-nits are required f®r any ®f the following activities, singly ®r in combination:
i. Any group activity reasonably likely t® exceed the public use limit established by
the Board ®f Selectmen.
ii. Special events, public meetings, assemblies, gatherings, demonstrations, parades
and other similar activities, n®t t® exceed four hours in duration.
iii. Pageants, reenactments, entertainments ®r other public spectat®r attractions.
iv. Structures and/®r signs in connection with special events and limited in duration t®
the period required f®r such events.
V. Use ®f public address systems, electrical lighting, ®r other electrical ®r amplified
devices.
vi. Distribution ®f non-commercial printed matter.
vii. Possession and/®r use ®f unconcealed weapons, in compliance with all federal, state
and local laws, at events conforming t®the following:
a) Events and ceremonies conducted by United States An-ned Forces and/®r law
enforcement agencies;
b) Reenactments ®f the events ®n the Battle Green ®n April 19, 1775, honor guard
ceremonies ®r related activities conducted by a Battle Green Reenactment
Organization; and
c) The applicant shall provide evidence ®f training and competency in the display
and use ®f such weapons t®the satisfaction ®f the Board ®f Selectmen.
viii. Use ®r possession ®f fireworks ®r firecrackers.
ix. Planting ®f any trees/plants.
X. Parked ®r moving vehicles ®n any grassy areas, except those necessary forTown
maintenance activities.
xi. Use ®f powered models.
3
The following activities are strictly prohibited:
a. Destruction, injury, defacement, removal, ®r disturbance ®f any building, sign,
equipment, monument, statue, marker, animal ®r plant.
2 -
b. Distribution or display of commercial advertising; or soliciting of business; or any other
commercial transactions.
c. Remaining on the Battle Green for more than four hours.
d. Abandonment of any vehicle or personal property.
e. Unreasonably loud operation of audio devices.
fDelivery of any person or thing by parachute or helicopter.
g. Powerless flight activities.
h. Operation, launching, or landing of an Unmanned Aerial System (U S) or drone aircraft,
except for emergency landings, unless authorized by municipal staff as designated by the
Town Manager.
i. Disorderly conduct.
jUse or display of unconcealed weapons, except as provided in 2b.
L Use of metal detecting devices.
L Gambling of any form or operation of gambling devices.
m. Picnicking in groups exceeding seven people.
n. Consumption of alcoholic beverages, marijuana, or use of unlawful substances.
o. Use of rollerblades, scooters and skateboards.
P. Placement on the Battle Green of any unattended structure or commemorative planting of
any trees/plants by a private party.
q. Posting signs on poles including telephone or light poles.
r. Climbing on the Minuteman Statue, Hayes Fountain, its base, or any public monument or
structure.
s. Bicycle riding.
t. Use of grills, open flames or any other type of cooking devices.
u. Placement of portable restrooms.
4. Pen-nit Process
a. Application for pen-nit to conduct activities on the Battle Green, specified in 2, above,
shall be filed no later than two weeks prior to the requested date. Late and/or incomplete
applications will be considered at the discretion of the Board of Selectmen.
b. Pen-nit applications shall include the following information:
i. Name and phone number of the Responsible Party to serve as contact
ii. Date and time of event.
iii. Nature of event.
iv. Expected number of participants, spectators, and vehicles.
V. Duration of event.
vi. Statement of equipment and facilities to be used.
vii. Section of the Battle Green desired.
c. The Responsible Party is to keep the pen-nit, a copy of which must be available for
inspection upon request. The Responsible Party may be required by the Board of
Selectmen, as a condition of issuing the pen-nit, to pay for detail police officers if the
Board determines that such officers are necessary for public safety.
d. Pen-nits are issued upon express condition that the Battle Green is to be left in a clean and
orderly condition.
3 -
e. The responsible party will be charged by the Board of Selectmen, as a condition of
issuing the pen-nit, for any damages directly resulting from the permitted activity.
fPen-nits are non-transferable and are only valid for date and time specified. For cause, the
Police Chief or the Chief's designee may extend a pen-nit for up to 2 hours.
g. The Board of Selectmen may set reasonable pen-nit conditions and restrictions, including
but not limited to duration and area occupied, as are necessary for protection of the Green
and public use thereof.
S. Grounds for Revocation of Pen-nit
a. At the discretion of the Board of Selectmen, a permit may be revoked or further
conditioned upon a finding of compromised turf of the Battle Green.
b. The Selectmen may suspend or revoke a permit to use the Battle Green based on
reasonable expectations that there may be an imminent threat to public safety because of
a weather or man-made event.
c. A permit shall be revoked if a sanctioned event includes impen-nissible activities and may
be revoked if the permit group engages in activities that are not within the specifications
of the permit.
6. Grounds for Denial of Permit Request
Pen-nit requests may be denied if an:
a. Application creates a scheduling conflict with a previously filed application by another
person or group.
b. Event presents a clear and present danger to public health or safety.
c. Event is of such nature or duration that it cannot reasonably be accommodated in the area
applied for; or the expected number of participants exceeds the public use limit.
d. Event will, in the opinion of the Board of Selectmen, cause unacceptable interference
with use and enjoyment of the Battle Green by the general public.
e. Event is requested for a date that conflicts with official Town events by Battle Green
Reenactment organizations.
f. Event is more appropriately held at other available Town facilities, such as recreational
facilities.
T Patriots Da
Other than official Town-sponsored activities and permitted activities by Battle Green
Reenactment Organizations, no activity or event otherwise requiring a permit shall be
scheduled to take place at, nor shall any other permit be issued for use of, the Battle Green
from April I through April 30 of each year. During such time, the Battle Green is reserved
forTown activities and events, permitted activities conducted by Battle Green Reenactment
Organizations and for activities for which no permit is required under Section 2.
4 -
8. Penalties
Penalties for violations of these regulations shall be in accordance with Chapter 1, Article 11,
Sections 14 and 1-6 of the Code of the 'Town of Lexington.
9. Severa i ity
If any section, paragraph or part of these regulations be for any reason declared invalid or
unconstitutional by any court, every other section, paragraph and part shall continue in full
force and effect.
Approved by the Board of Selectmen July 15, 19W
Amended ,July 24, 2000.
Amended December 21, 2009.
Amended August 1, 2011.
Revisions to the Use of the Battle Green Regulation were approved by the Board of Selectmen
on February 3, 2014.
Selectmen approved minor revisions to the Use of the Battle Green Regulation on March 10,
2014.
Revisions to the Use of the Battle Green Regulation were approved by the Board of Selectmen
on November 19, 201&
5