USA > Massachusetts > Norfolk County > Plainville > Plainville, Massachusetts annual reports 1951-1959 > Part 66
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ANNUAL REPORT
1958
Section 4. The Treasurer shall make an annual report which shall contain a statement of the amount of the money received and paid out by him during the year; a full exhibit of all the monies, properties and securities which may be placed in his charge by virtue of a vote of the Town or of any Statutes or By-Laws, or by virtue of any gift, de- vise, bequest or deposit; a list of all notes issued during the year show- ing the purpose for which money was borrowed and giving the date, term, rate of interest, time of maturity, and the premium, if any, re- ceived thereon; a list of all notes paid during the year, and a list of all outstanding notes, with dates on which they mature. His report, how- ever, need not contain such details as are required by law to be shown in the report of the Town Accountant.
ARTICLE VII Town Clerk
Motion by Roland Campbell that Article 7, Section 3 be amended by striking out the word "Daily" and inserting the word "Weekly". Unanimously voted.
Section 1. Before entering upon the duties of his office the Town Clerk shall give bond to the Town, with good and sufficient surety, to be approved by the Selectmen. Said bond shall be upon the condition that said Town Clerk shall well and faithfully discharge the duties of his office during any and every period of his incumbency thereof.
Section 2. The Town Clerk shall keep a file of all Town reports, reports submitted by all committees chosen by the Town, and all origi- nal documents relating to the affairs of the Town which come into his custody. He shall suitably index all such reports and all records of the Town in his custody in manner convenient for reference and ex- amination.
Section 3. The Town Clerk shall have stated weekly hours for the transaction of business and shall give public notice thereof.
Section 4. The Town Clerk shall furnish for use of the voters at the Town meeting, perforated "Yes" and "No" ballots with letters not less than one-half inch high for use under the direction of the Mod- erator, as provided under Article II, Section 5, of these By-Laws, and he shall also provide regular voting lists for use at Town Meetings.
Section 5. The Town Clerk may employ a competent stenogra- pher, who shall be sworn and shall be present at and take in shorthand the entire proceedings of every Town Meeting to assist the Town Clerk in obtaining and retaining the proper record of proceedings. The sten-
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ographer shall transcribe his notes of such proceedings and deliver them to the Town Clerk within ten days of the meeting, and said notes shall be filed as part of the records of the Town.
Section 6. The Town Clerk shall be responsible for the bonds of the Town Treasurer unless other provision is provided by Law.
ARTICLE VIII Accounting and Auditing
Section 1. There shall be an audit of the Town accounts under the supervision of the Director of Accounts in the Department of Cor- porations and Taxation in accordance with the provisions of Section 35, Chapter 44, of the General Laws, or any acts in addition thereto or in amendment thereof.
Section 2. The Town Accountant, if any, shall, in his annual re- port, in addition to such matters as are required by law, furnish a con- densed statement of the financial condition of the Town and financial transactions for the year covered by such report.
ARTICLE IX Collector of Taxes
Section 1. Before entering upon the duties of his office the Col- lector of Taxes shall give bond to the Town, with good and sufficient sureties, to be approved by the Board of Selectmen. Said bond shall be upon the condition that said Collector of Taxes shall well and faithfully discharge the duties of his office during any and every period of his incumbency thereof.
Section 2. The Collector is authorized to use all means for col- lecting taxes which a Town Treasurer, when appointed a Collector may use.
Section 3. The Collector shall pay all money collected to the Town Treasurer within seven (7) days from the time such taxes are placed in his hands.
ARTICLE Assessors
Section 1. The Board of Assessors shall, in the year 1959 and every fifth year thereafter, publish a list of the real estate and personal property assessed for that year, with the valuation of the same.
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ARTICLE XI
Town Counsel
Section 1. The Board of Selectmen shall annually in February, and whenever a vacancy shall exist, choose some competent lawyer to act as Town Counsel. He shall be paid such compensation as the Town shall determine. The Selectmen may remove him at pleasure. His term of office shall continue until the appointment and acceptance of his successor.
Section 2. The Town Counsel shall, when required by the sev- eral Town Officers, boards and committees, furnish a written opinion on any question that may be submitted to him in regard to any matter that concerns the Town or them as Town Officers, and he shall at all times furnish legal advice to any officer of the Town who may require his opinion upon any subject with reference to the duties encumbent upon such officer by virtue of his office.
Section 3. The Town Counsel shall, unless otherwise directed by the Selectmen, prosecute all suits ordered to be brought by the Town, or defend suits brought against the Town or its officers in their official capacity. He shall, when requested by the Selectmen, appear before any tribunal, whether in law, equity or otherwise, or before any board, referee, committee, commissioners, arbitrators or any tri- bunal in matters in which the Town may be a party, or in which the Town may be interested. For such service he shall receive suitable compensation as determined by the Board of Selectmen.
Section 4. The Town Counsel shall prosecute in behalf of the Town, in the local district court, all cases for the violation of the statutes, or of these By-Laws, when requested in writing by any board or officer of the Town so to do. For such service he shall receive suit- able compensation as determined by the Board of Selectmen.
Section 5. The Town Counsel shall draw all bonds, deeds, leases, obligations, conveyances and other legal instruments or approve the same.
Section 6. The Town Counsel shall annually make a written report to the Board of Selectmen, to be printed in the annual Town report, concerning the professional services rendered by him during the preceding year. Said report shall contain a statement of each case or claim which has been tried, settled or otherwise disposed of by him during the year, and also a statement of each case which is still pend- ing and the status of the same insofar as the facts may be properly published, together with such other information and recommendations as he may deem advisable.
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ARTICLE XII
Electrical Wiring
Section 1. General. The Inspector of Wires appointed in ac- cordance with General Laws (Ter. Ed.) Chapter 166, Section 32 and Acts of 1932, Chapter 282, Section 26, shall have control of the super- vision and inspection of electrical wiring and shall enforce all By- Laws, and regulations that relate thereto.
Section 2. Permits. Before any person, firm or corporation shall install any electrical wiring, said person, firm or corporation shall make application to the Selectmen's Office for a permit for that purpose, pay a fee of One ($1.00) Dollar, and shall file with the inspector of wires such information or specifications as may be required.
No permit will be required to execute the following classes of electrical work:
The installation, alteration or repair of electrical equipment in- stalled by or for an electric utility company for the use of such com- pany in the generation, transmission, distribution or metering of elec- tricity.
The replacing of electrical lamps or repair of electrical equipment and appliances which are plugged into a permanently installed elec- trical outlet.
For emergency repairs and maintenance of electrical wiring in es- tablishments where a licensed electrician is employed continually on the premises.
Section 3. Inspections. When any work is complete or ready for inspection, the inspector of wires shall be notified.
If, upon inspection, the work is found to comply with the require- ments of this by-law and all applicable State Law, approval shall be given by the inspector of wires authorizing the electrical utility com- pany for the connection to the electrical service lines and the energiz- ing of the wiring installations, but if the work is defective, all defects shall be remedied before such an approval is issued.
Section 4. Penalty. Whoever violates any provisions of this By- Law shall be liable to a penalty not exceeding Twenty ($20.00) Dollars.
ARTICLE XIII Hawkers and Peddlers
Motion by Mr. Charles Mason to amend Article 13, Section 1 to read as follows: Voted, Yes 42, No 2.
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Section 1. There shall be no door to door solicitation by com- mercial salesmen or agents in the Town of Plainville except with the written authorization of the Board of Selectmen, and no person shall go from place to place in the Town of Plainville selling or bartering, or carrying or exposing for sale or barter, any fruits, vegetables, fish or other goods, ware or merchandise, except as provided in Section 16 and 17 of Chapter 101 of the General Laws, or otherwise provided for in these By-laws, in or from a cart, wagon or other vehicle, or in any other manner, without a license therefor from the Selectmen, provided however, that this section shall not apply to any person who sells fruit or vegetables, meat or fish produced by himself or his family.
Section 2. The Board of Selectmen shall have authority to grant such license to any person of good repute for morals and integrity who is, or has declared his intention to become a citizen of the United States. Such licenses unless sooner revoked by the Board of Selectmen, shall expire on the 30th day of April next after granting the license thereof, and each person so licensed shall pay therefor the sum of Five ($5.00) Dollars.
Section 3. No hawker or peddler shall sell, or offer or expose for sale, any of the articles enumerated in Section 17, Chapter 101 of the General Laws, or in any acts in amendment thereof or in addition thereto, until he has recorded his name and residence with the Board of Selectmen or such other board or officer as may be designated by the Selectmen. Every person licensed under the provision of Section 1 of this Article as a hawker or peddler of fruit, vegetables, fish, or other merchandise shall record his name and residence in like manner with such board or officer.
Section 4. No person hawking, peddling, or carrying or expos- ing for sale any article shall cry his wares to the disturbance of the peace and comfort of the inhabitants of the Town, nor shall carry or convey such article in any manner that will tend to injure or disturb the public health or comfort, nor otherwise than in vehicles and re- ceptacles which are neat and clean and do not leak.
Section 5. Every hawker and peddler licensed by the Board of Selectmen shall be assigned a number and shall be provided by the Board of Selectmen with a badge which shall be conspiculously worn by him, and every other hawker and peddler as described in Section 3 shall provide himself with a badge of such type and design as may be approved by said Board of Selectmen, which he shall wear in like manner.
Section 6. Every vehicle or other receptacle used by a licensee as a conveyance for articles offered or exposed for sale by him shall bear the name of the licensee plainly inscribed or painted on the body
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of the vehicle and shall have attached thereto on each side a number plate, to be furnished by the Town with his license number, bearing the number and date of expiration of such license and word Plainville.
Section 7. No person shall be registered or assigned a badge or number under the provisions of Sections 3 and 5 of this Article, until he presents a certificate from the sealer of weights and measures stat- ing that all weighing and measuring devices intended to be used by such person have been duly inspected and sealed as required by law. The use of, or possession by such person with intent to use, any false or unsealed weighing or measuring devices shall be sufficient cause for the revocation of his license or the cancellation of his registration.
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.
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.
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Motion by Roland Campbell that Article 14, Section 4 be amended to read as follows: Voted, Yes 40, No 1.
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 7 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 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.
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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.
Motion by Roland Campbell that Article 15, Section 7 be amended to read as follows: Voted, Yes 45, No 3.
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.
That this section shall not apply to the use by a minor 16 years of age or younger driving a bike, cart, roller skating or using other types of childrens toys either foot or hand propelled, in a manner so as not to endanger a pedestrian who might be standing or walking.
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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 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.
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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 published at least once in a newspaper hav- ing a regular circulation in said Town of Plainville.
ARTICLE XVII Soil, Loam, Sand, or Gravel Removal
Motion by Roland Campbell that we strike out entire Section 1 of Article 17 and insert in its place the following: Unanimously voted.
Section 1. No person shall remove soil, loam, sand or gravel from any land in Town not in public use unless such removal is authorized by a permit issued by the Board of Selectmen, except in conjunction with the construction of a building, road, parking lot, or continued operation of a legally existing gravel pit, and any property owner may remove loam from one part of his property to another part of the same or adjoining property belonging to him without a permit. No such permit shall be issued until an application therefor is filed
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with said board. Said board shall hold a public hearing on the applica- tion and notice of the filing of such application and date and time of the public hearing thereon shall be advertised in a paper published in the county at least ten days before the public hearing. No gravel pit shall be dug below the level of any adjacent road within two hundred (200) feet of said road, and no permit shall be granted for the removal of loam to be taken out of the Town of Plainville, with- out permission of the Board of Selectmen.
Motion made that Section 2 of Article 17 be amended to read as follows: Voted, Yes 28, No 13.
A permit shall be required for the continuous operation 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 discontinued for more than one year; and no permit shall be required for the removal of soil, loam or gravel from any parcel of land when incidental to and in connection with the construction of a building on the land.
Section 3. Motion by Roland Campbell that Section 3 be amend- ed by adding to read as follows: Unanimously voted.
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 otherwise as evidence of good faith as to the comple- tion of any proposed construction. The Board may, after a public 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. And a fee for these permits shall be established by the Board of Selectmen.
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