USA > Massachusetts > Norfolk County > Plainville > Plainville, Massachusetts annual reports 1951-1959 > Part 63
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Section 8. Any licensee who fails, neglects or refuses to exhibit his license when the same is demanded of him by any person shall be subject to the same penalty as if he had no license.
Section 9. Nothing in this article shall be construed as conflict- ing with any license issued under the authority of the Commonwealth of Massachusetts.
Section 10. Any license granted under this Article or under any By-Law amendatory or additional thereto may be revoked by the board granting same.
ARTICLE XIV
Junk Dealers and Junk 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.
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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 men- tioned in Section 1, a description thereof, the name and 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 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 suit- able place being conspicuous in his shop, a sign having his name and occupation legibly inscribed thereon in large letters, and such shop and all articles and merchandise therein may, at all times, be examined by the Board of Selectmen, or by any person by them or by law au- thorized to make such an 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 mentioned in Section 1, of a minor or an apprentice, knowing or having reason to believe him such and no article purchased or re- ceived by a junk dealer shall be sold, concealed, broken up or disposed of, or its identity destroyed, until at least 30 days have elapsed from the date of its purchase or receipt.
Section 5. Every junk shop shall be closed, except between the hours of seven o'clock in the forenoon and eight o'clock in the evening and no junk shop dealer shall purchase, receive, sell or dispose of any of the articles described in Section 1, excepting during the hours his shop may be open, as herein specified.
Section 6. The Board of Selectmen may license suitable persons to be junk collectors, to collect from place to place in this Town by purchase or otherwise, any of the articles mentioned in Section 1, and each person so licensed shall pay therefor the sum of Twenty-Five ($25.00) Dollars.
Section 7. No collector of junk shall directly or indirectly, either purchase or receive by way of barter, exchange or otherwise, any of the articles mentioned in Section 1, of a minor or apprentice, knowing or having reason to believe him such.
Section 8. No collector of junk shall purchase, collect or receive any of the articles mentioned in Section 1, except between the hours of seven o'clock in the forenoon and sunset.
Section 9. Every collector of junk while engaged in collecting, transporting or dealing in the articles mentioned in Section 1, shall wear upon the outside of his clothing a badge which shall be provided
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by the Board of Selectmen and every vehicle or receptacle used by him in the collection of junk shall bear the name and license plainly in- scribed or painted on the body of the vehicle and shall have attached thereto a number plate, to be furnished by the Town, with his license number, bearing the number and date of and the expiration of such license and the word Plainville.
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 Select- men, or any person by them or by law, authorized to make such inspec- tion.
ARTICLE XV Police Regulations
Section 1. No person shall coast on or across any public side- walk or street of the Town, except during such hours and in such places as may from time to time be designated and posted accordingly by the Board of Selectmen, and said Board may make such rules, regulations, and restrictions of traffic on streets so designated as they deem proper.
Section 2. No person shall play at any game of ball, or throw stones, or snowballs, or other missiles in any public way or on other public property, but nothing in this Section shall be held to prohibit the playing of games of ball in school yards and playgrounds.
Section 3. No person shall discharge any kind of firearms, nor fire any crackers, or fireworks, or explosive compound, in any street, or public way, except in the performance of a legal right or duty.
Section 4. No person shall, in any manner, fix any bill, placard or poster, nor paint, draw, or write any words, figures, or devices, not required to be posted by law, upon property not his own, without first obtaining the consent of the owner thereof, nor upon any tree, rock or other object, in any street or public way, without the consent of the Board of Selectmen.
Section 5. No person shall bathe or swim in a state of nudity in any waters within the Town in places exposed to the public view, or in the immediate sight of the occupant of any dwelling house, shop, or factory, or within view of any railroad.
Section 6. No person shall suffer horses or grazing beasts or swine to run at large in the Town, or to feed within the limits of the highway.
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Section 7. No person shall drive, wheel or draw any vehicle, wheelbarrow or hand cart, except children's carriages drawn by hand, upon any sidewalk in the Town; nor shall any person drive or draw any vehicle not propelled by hand power across any sidewalk where no driveway has been constructed, except as is otherwise provided by law.
Section 8. No person shall break or dig up any public sidewalk, street or highway or place thereon any staging or other temporary structure or any wood, brick, coal, rubbish, dirt, lumber or other ma- terial or obstruct any sidewalk or public way, or any part thereof, without a written permit from the Board of Selectmen or the official having charge of the streets. Any person having such permit shall, before the expiration of the same, restore such sidewalk, street or high- way to its original condition or to a condition approved by such board or official. Any permit issued under the provisions of this Section shall be in force for such time as the board or official may specify and shall be subject to such other conditions as they may prescribe, and especial- ly in every case upon condition that during the whole of every night from sunset to sunlight, lighted lanterns and proper barriers shall be placed as to secure travelers from danger. The board granting such permit shall have the right to revoke same at any time, and may re- quire a bond either before or after the commencement of work, or during its progress, to secure a proper performance.
Section 9. No person shall conduct or empty any filthy water or other unclean matter into or upon any street or public way.
Section 10. No person shall throw or place or cause to be thrown or placed upon any street or public way of the Town any nails, spikes, glass, tin cans, garbage or other similar articles.
Section 11. No person shall suffer a platform, or grate of an en- trance, or opening to a cellar or basement in any public street or side- walk to rise above the surface of any such street or sidewalk, and every such entrance or opening shall at all times be covered by a suitable platform or grate, and in case of a coal hole, by suitable covering. Such entrance or openings, when in use, shall be properly guarded.
Section 12. No owner or person having care of a building abutting upon any curbed or finished sidewalk, the roof of which build- ing slants towards such sidewalk, shall permit such building to be with- out a barrier, snow guard, or other device to prevent the falling of snow or ice from such roof to the sidewalk, nor shall the owner or such persons having the care of such buildings, permit water to discharge
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on any sidewalk from such building in such a manner as to flow over the sidewalk.
Section 13. No person shall loiter or continue to stand on any sidewalk or public place in the Town so as to obstruct the passage of, or to impede or in any manner annoy other persons; nor shall any per- son in a street or public way stand or loiter after being directed by a police officer to move on.
Section 14. No person shall be or remain on any doorstep, portico, or other projection from any house or building, or upon any wall or fence on or near any public way or public place, after being requested by the owner or occupant of the premises or by any constable or public officer to move therefrom.
Section 15. No person shall extinguish, damage or break any street light or electric bulb, or remove any light placed to warn the public against an obstruction or defect in any street or public way, unless such person authorized by those having charge of such light, or of the street or way.
Section 16. The Superintendent of Highways or other officer hav- ing charge of ways, for the purpose of removing snow, or removing ice, from any way, may remove, or cause to be removed, to some con- venient place, including in such term a public garage, any vehicle in- terfering in such work, and the owner of such vehicle shall be respon- sible for the cost of such removal and all storage charges, if any, result- ing therefrom.
ARTICLE XVI Traffic Regulations
Section 1. The Board of Selectmen shall make such rules, orders, and regulations as they, in their opinion, may deem necessary and ex- pedient for the regulation of carriages and vehicles used and operated in the Town of Plainville.
Section 2. Such rules, orders, and regulations shall not take ef- fect until they have been publlished at least once in a newspaper hav- ing a regular circulation in said Town of Plainville.
ARTICLE XVII Soil, Loam, Sand, or Gravel Removal
Section 1. The removal of soil, loam, sand or gravel from any parcel of land not in public use in the Town of Plainville, except as hereinafter provided, shall be allowed only after a written permit therefor is obtained from the Board of Selectmen after a public hearing of which due notice is given.
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Section 2. No permit shall be required for the continuous oper- ation on any parcel of a sand or gravel pit in operation at the time this By-Law is adopted, provided such operation is not thereafter dis- continued for more than one year; and no permit shall be required for the removal of soil, loam, sand or gravel from any parcel of land when incidental to and in connection with the construction of a building on the parcel.
Section 3. In issuing a permit under this by-law, the Board of Selectmen may impose such conditions not specifically provided for herein as it may deem necessary for the adequate protection of the neighborhood and the Town. Any conditions imposed by the Board shall be attached to and made a part of the permit. The Board may, in its discretion, require a bond, certified check or other security for compliance with said conditions or as evidence of good faith as to the completion of any proposed construction. The Board may, after a pub- lic hearing on proof of violation of any condition, revoke any permits so issued. No permit shall be issued under the provisions of this by- law for a period of more than three years.
Section 4. Penalties. The penalty for violation of any provision of this article shall be Fifty ($50.00) Dollars for the first offense, One Hundred ($100.00) Dollars for the second offense, Two Hundred ($200.00) Dollars for each subsequent offense.
ARTICLE XVIII Street and Water Regulations
Section 1. No street or way, or any part thereof, shall be accepted by the Town until water mains and adequate drains have been installed and the street brought to proper grade and surfaced as determined by the Board of Selectmen.
Section 2. All water extensions in unaccepted streets of the Town shall be made at the expense of the owners of the property to be serviced thereby. The department in charge of extending the service in question may, if it deems advisable, require that a deposit be made with the Town Treasurer to cover the estimated cost of such extensions.
ARTICLE XIX
Section 1. Every violation of the foregoing By-Laws shall be punished by a fine of not more than Twenty ($20.00) Dollars, except as is otherwise provided by law.
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Section 2. All penalties for the violation of these By-Laws may be recovered by complaint before any court, or magistrate of the Coun- ty, having jurisdiction of criminal offenses committed within the Town, and the penalties so recovered shall be paid into the Treasurer of the Town. But no prosecution shall be commenced after six (6) months from the time of such violation, unlesss otherwise provided by law.
ARTICLE XX Repeal and Amendment of the By-Laws
Section 1. These by-laws may be altered, repealed, or amended by a two-thirds vote at any Annual Town Meeting or at any other Town Meeting specially called for the purpose, an article, or articles for such purpose having been inserted in the warrant for such meeting.
ARTICLE XXI
Effective Date of By-Laws
Section 1. These by-laws shall take effect upon their publication or posting, acceptance and approval as required by law, and all the by-laws previously adopted by the Town of Plainville are hereby re- pealed upon the date of such publication or posting, acceptance and approval.
Separability Clause
If any provision herein, or the application of such provision to any person or circumstance shall be held invalid, the validity of the re- mainder of this set of by-laws, and the applicability of such provision to other persons or circumstances shall not be affected thereby. or do or act in any manner relative thereto. (2/3 vote.) (By-Law Committee.)
ARTICLE 37. To see whether or not the Town will vote to rescind Amendment to Article III, Section 6 of the Town By-Laws, or do or act in any manner relative thereto. 2/3 vote.
ARTICLE 38. To see if the Town will vote to adopt the follow- ing Building By-Laws, or do or act in any manner relative thereto. 2/3 vote.
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BUILDING BY-LAWS OF THE TOWN OF PLAINVILLE 1956 TOWN MEETING
SECTION 1. The provisions of these regulations shall relate to the construction, alteration and maintenance of buildings and other structures within the limits of the Town of Plainville, County of Nor- folk, except such as are owned and occupied by the Commonwealth of Massachusetts, or by any County; and also excepting bridges, quays and wharves. Its provisions are intended to be carried out in a man- ner as will best promote the health, safety, convenience and welfare of the inhabitants, and to lessen the danger from fire.
SECTION 2. If no other penalty for violations is provided, whoever violates any of the provisions of these regulations shall be liable to a fine of not less than fifty, nor more than one hundred dollars.
SECTION 3. If any section, or paragraph, or provision or por- tion thereof contained in this By-Laws is invalid, the validity of the remainder shall not be affected thereby.
SECTION 4. The Board of Selectmen shall appoint an Inspector of Buildings who shall be an inhabitant in the Town of Plainville to serve during the pleasure of the Board. His compensation shall be fixed by the Board of Selectmen within the limits of the appropri- ation made by the Town for that purpose.
SECTION 5. The Building Inspector shall be charged with the inspection of building and the enforcement of the statutes of the Com- monwealth and these by-laws and such other duties as are imposed by the statutes. He shall keep a record of the business of this office, shall submit to the selectmen a yearly report of such business and such other reports as they may call for. Subject to the provisions of the Statutes of the Commonwealth and by-laws of the Town, the in- spector of buildings shall grant permits for the erection, alterations, or moving of buildings, and no building, structure or foundation shall be built, altered or moved without such a permit. He shall have the right of entry at any reasonable time in the performance of his duty to examine and inspect such premises, buildings or other structures.
SECTION 6. Every person intending to build, construct, re- construct or alter any building, structure or foundation, shall before commencing the same, file with the Inspector of Buildings, an appli- cation for a building permit on a form provided therefore, and shall at any time, if required by the Inspector of Buildings or Board of Selectmen, file the plans, specifications and details of the intended
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building, construction or alteration. This shall be in addition to such permits as may be required by the laws of the Commonwealth for spe- cific classes of buildings.
SECTION 7. All permits shall be void if operations thereunder are not commenced within 90 days after the date of permit or if the operations thereunder are discontinued for a period of more than six months, subject, however, to strikes and delays of materials. A no- tice of permits granted by the Inspector of Buildings shall be posted forthwith by the owner of the premises.
SECTION 8. No building, structure or part thereof shall here- after be constructed except in conformity with the Statutes of the Commonwealth and these by-laws and no building already erected or hereafter built shall be raised or built up in such a manner that were such building wholly built or constructed after passage of these by- laws, it would be in violation of any provisions thereof, and no build- ing or structure shall be moved to any location where its construction would be in violation of the provisions of the Statutes of the Common- wealth and these by-laws. Any alteration, addition to or re-construc- tion of any existing building or structure already erected or hereafter defined, shall to the extent of such work be subject to the provisions of these by-laws.
SECTION 9. Certain words are defined for the purpose of these by-laws as follows:
Alterations: Any change in a building not constituting a repair. (See definition of repair.)
Repair: Replacement or removal of any part of a building or change therein which does not change the construction or appearance or involve the erection of exterior walls, roof, chimneys or stairways, and does not violate any requirement of these by-laws.
Fire-Resisting Building: A fire-resisting building is one having all exterior and party walls, vertical or weight bearing supports, floors and floor construction, inside walls, partitions and stairways, roof and roof structures, bays, cornices, and projections of brick, concrete terra- cotta or other incombustible materials. . Doors and window frames, sash interior trimmings and hand-rails for stairs may be of wood. Nailing strips, sleepers and furring if bedded in concrete or mortar may be of wood.
Slow-Burning Building: A slow-burning building is the same as a fire-resisting building except for the following which may be of
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wood; roof structures if covered with incombustible materials; interior columns, partitions and floors with a layer of fire-proof paper between upper and lower floors; roof structures, bays and similar projections if covered with similar materials.
Wooden Building: A building of which the exterior walls or a part thereof are of wood.
Story of a Building: That part of a building above the basement or cellar and between the top of any tier or floor beams and the top of the tier or floor of roof beams next above.
Dwelling: A building used or constructed or adopted to be used for human habitation.
SECTION 10. (A) Every wooden building shall have all parts of sufficient strength to carry the weight of the super-structure and the superficial loads and shall be built with sills, posts, girts or ledger boards, studs, and plated all properly framed; braced and secured to the satisfaction of the Buitding Inspector.
(B) The girders shall be 48 square inches of solid or built-up construction. For one story buildings, such girders shall be supported by columns or posts not more than 8 ft. on centers; for one and one- half or two story buildings, not more than 6 ft., 6 ins. on centers. All sills, when the same are used, shall not be less than 4" x 6" or may be of built-up construction.
(C) Plates shall not be less than 4"x4" and may be of built-up construction. Ledger boards and ribbon boards shall be not less than 1" x 6" and shall be let in with the studs in the full thickness. Floor joists resting on ribbon boards shall be spiked into studs by at least three spikes.
(D) Studding in outside wall shall be not less than 2"x4" in size and spaced not over 16" on centers. Such studding over 9 ft. in height shall be connected by girts or ledger boards, or shall be 2"x6" in size and spaced not over 16" on center. Studding in main and carrying partitions shall be not less than 2"x4" and placed 16" on centers and shall run down to the girders or shall rest on partitions shoes where the partitions cross the floor joists. Studding on each side of all open- ings over 4 ft. in width in all wall and partition openings shall be doubled. Bearing partitions over 12 ft. in height shall be bridged at least once in each 6 ft. of heights. Openings in outside walls and in partitions shall be trussed if the inspector so requires.
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(E) Floor joists shall be spaced as to the following table:
Span
Size of Timber
Up to 10 feet 2 X 6
10 feet to 14 feet 2 x 8
14 feet to 18 feet 2 × 10
18 feet to 20 feet 2 × 12
All floor joists shall be properly bridged for each 8 each of their unsupported length. All joists under and parallel with partitions shall be doubled.
(F) If attic space above ceiling is to be used for living purposes, or is suitable for future living purposes, the ceiling joists shall be the same as the floor joists. If attic is not suitable for living purposes the following table may be used:
(1) Rafters over 18 ft. long shall be not less than 2x6.
(2) Rafters over 20 ft. long shall be determined by the Building Inspector.
Ceiling Joists: Ceiling joists shall be spaced as to the following table:
Span
Size of Timber
Up to 10 feet
2×4 20" on centers
10 feet to 15 feet 2×6 20" on centers
15 feet to 20 feet
2×8 20" on centers
SECTION 11. Where minimum timber sizes are given, they shall be taken to refer to the normal size or stock size.
SECTION 12. Materials or methods of construction equivalent to those required by the provisions of these by-laws may be allowed in place thereof by the Inspector of Buildings if he is satisfied that the proposed materials and methods of construction are equivalent to that required by these by-laws.
SECTION 13. No woodwork shall be nearer than 1 inch to any chimney and no timber or woodwork shall be within 2 inches of the backwall of any fireplace. The header beam, carrying the tail beams of a floor and supporting the trimmer arch in front of the fireplace shall not be less than 18" from the finished chimney breast.
SECTION 14. In all buildings hereafter erected, all stud walls, partitions, furring and spacers between joists, when they rest on di- vision walls, bearing partitions, shall be fire-stopped in a manner to
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cut off concealed draft openings and form an effectual horizontal fire barrier between stories and between a top story and the roof.
SECTION 15. Every building or structure, except as hereinafter provided, shall be supported on masonry piers, metal posts and have foundations of brick, concrete or cement blocks. All foundations shall extend 2 feet 6 inches below any adjoining surface exposed to frost un- less they rest on solid ledge and in all other cases they shall extend to firm ground satisfactory to the Inspector of Buildings. Footings are not required where solid ledge exists. The Inspector may forbid the use in masonry foundation walls of unbroken round boulder stones of such size or such quantity as will in his opinion make the wall unsafe.
SECTION 16. Porches and piazzas if supported from the ground shall have suitable foundation of cement core, iron pipe or masonry piers built on firm ground and extended not less than 2 feet, 6 inches in thickness nor be less than 6 ins. wider than the wall to be placed thereon.
SECTION 17. No foundation or cellar wall shall be less than a true thickness of 8 inches and shall have footings of solid masonry of not less than 6 inches in thickness nor be less than 6 inches wider than the wall to be placed thereon.
SECTION 18. Concrete masonry walls shall not be less than 8 inches thick. If concrete blocks are used they shall be laid on a concrete footing. Footings should not be less than 6 inches wider than the blocks to be placed thereon. Concrete footings for Lally Columns or masonry piers shall not be less than 8 inches in thickness and less than 2 feet square.
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