USA > Massachusetts > Essex County > Saugus > Town annual report of Saugus 1931 > Part 20
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ART. 22. Voted, That the Town Treasurer, and his succes- cessors in office, be, and they hereby are, authorized to assign tax titles now held, or hereafter acquired, by the town or any interest in property on which the town now has or hereafter acquires tax titles, and to execute and deliver in the name and under the seal of the town proper instruments therefor.
ART. 23. Voted, To indefinitely postpone.
ART. 24. Voted, That the sum of one thousand dollars ($1,000.00) be and hereby is appropriated to pay one-half the cost of installation of automatic traffic lights at the junction of Walnut street and Broadway, provided the State Department of Public Works provide a like sum as their proportionate share.
ART. 25. Voted, That the sum of one thousand dollars ($1,000.00) be and hereby is appropriated to pay one-half the cost of installation of automatic traffic lights at the junction of Essex street and Broadway, provided the State Department of Public Works provide a like sum as their proportionate share.
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TOWN DOCUMENTS.
ART. 26. Voted, To indefinitely postpone.
ART. 27. Voted, To refer to the Selectmen.
ART. 28. Voted, To indefinitely postpone.
ART. 29. Voted, To indefinitely postpone.
ART. 30. Voted, That the sum of $1,663.70 be and hereby is appropriated for unpaid bills of 1930 and previous years as follows :
Public Welfare . $807 79
Soldiers' Relief .
263 75
Snow and Ice
84 35
Schools
189 32
Highway ·
182 29
Water Maintenance
12 50
Cemetery
48 00
Law Department
.
48 20
Sealer Weights and Measures . 27 50
ART. 31. Voted, To indefinitely postpone.
ART. 32. Voted, To indefinitely postpone.
Moved to adjourn 11.40 P.M.
A true copy. Attest :
WALTER A. WILSON,
Town Clerk.
August 5, 1931.
Laurence E. Weeks, 25 Parker street, was elected at a joint session of the Board of Selectmen and Planning Board to fill the vacancy existing on the Planning Board caused by the death of Charles N. Wormstead.
A true copy. Attest :
WALTER A. WILSON,
Town Clerk.
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BY-LAWS.
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The following revised by-laws were adopted as the by-laws of the town of Saugus at the Annual Town Meeting held April 27, 1931 :
BY-LAWS FOR THE TOWN OF SAUGUS
ARTICLE I
GENERAL PROVISIONS
SECTION I. In construing these by-laws the following words shall have the meaning herein given unless a contrary intention clearly appears.
(a) The word "street" shall include highways, town ways, public ways and all public streets, roads, bridges, alleys, courts and sidewalks, and also those portions of public squares and places which form traveled parts of public ways.
(b) The words "public place" shall include all parks, play- grounds and public lands belonging to or in the charge of the town, or any of its departments and those portions of public squares and places which do not form traveled parts of public ways.
(c) The word "vehicle" shall include all vehicles and con- veyances (except street or trolley cars) whether on wheels or runners, however drawn, propelled or moved, and any animal harnessed thereto.
(d) The word "driver" shall mean the person having the charge, operation or control of the vehicle, horse or other animal upon a street,
SECT. 2. Whoever violates any by-law of the town, except- ing the Zoning By-Law and the by-laws regulating the inspection and construction of buildings, whereby any act or thing is enjoined, required or prohibited, shall forfeit and pay for each offense a fine not exceeding twenty dollars unless some other penalty is expressly provided by law or by some by-law of the town.
SECT. 3. Wherever a penalty or forfeiture is provided for the violation of a by-law, it shall be for each such violation.
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TOWN DOCUMENTS.
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SECT. 4. Without further particular specification, all by- laws shall relate only to persons, property and acts done within the limits of the town of Saugus.
SECT. 5. So far as the provisions of these by-laws are the same in effect as those previously existing, either by by-law or by vote of the town, they shall be construed as a continuation of such by-laws or votes.
ARTICLE II
NOTICE OF TOWN MEETINGS
SECTION 1. Notice of every Town Meeting shall be given by posting attested copies of the Warrant calling the same in at least one public place in each precinct not less than seven days before the day appointed for such meeting and the Town Clerk shall mail printed copies of the Warrant to the Limited Town Meeting Members at least six days before the time at which any Representative Town Meeting is to be held; provided, how- ever, that no meeting shall be invalidated by reason of any mistake or omission as to mailing copies to Town Meeting Members.
ARTICLE III
GOVERNMENT OF TOWN MEETINGS
SECTION 1. All articles in the Town Warrant shall be taken up in the order of their arrangement unless otherwise decided ·by a two-thirds vote of those present and voting.
SECT. 2. There shall be chosen at each Annual Meeting a committee of three persons who shall make an annual appraise- ment of all property owned by the town and make a report of their appraisement in the annual town report.
SECT. 3. All questions and motions submitted for the con- sideration of the town involving the expenditure of money, and such other motions as may be required by the Moderator, shall be in writing.
SECT. 4. On demand of 30 Town Meeting Members the check list shall be used in taking the vote, and the meeting to determine whether by ballot or yea or nay vote, on any motion or resolution properly before a meeting of the town.
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SECT. 5. No vote shall be reconsidered at the meeting in which it was passed except upon a motion made within one hour after such vote has passed and upon notice that such motion is to be made, given within half an hour after such vote has passed, nor then unless such motion to reconsider is made by a person who gave such notice and who voted with the pre- vailing side of the question.
SECT. 6. When a question is under debate no motion shall be received, but to adjourn the meeting, to reconsider a previous vote, the previous question, to lay on the table, to commit or amend, to refer or postpone to a certain day, or to postpone indefinitely, which several motions shall have precedence in the order in which they are herein arranged, and no person shall speak on the same subject more than twice or for more than a total of ten minutes without the consent of the meeting.
SECT. 7. All committees shall be appointed by the Modera- tor unless otherwise directed by the meeting and it shall be the duty of the member first named promptly to call the committee together for organization.
SECT. 8. The first business in order at each adjourned meeting shall be the reading of the records of the previous session by the Town Clerk.
SECT. 9. The powers and duties of the presiding officer, not especially provided for by law or in the foregoing rules, shall be determined by the rules of practice contained in The New Cushing's Manual of parliamentary practice (Authorized revision, by Charles Kelsey Gaines, 1912) so far as they are adapted to the condition and powers of the town.
SECT. 10. It shall be the duty of the Moderator to request all persons not Town Meeting Members to retire from such por- tion of the hall as may be designated by the Moderator to be occupied by Town Meeting Members during the transaction of all town business.
SECT. II. Any motion, the effect of which would be to dis- solve the meeting, if made before every article in the Warrant for such meeting has been finally disposed of, shall require the affirmative vote of at least two-thirds of those present and voting ;
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TOWN DOCUMENTS.
but this shall not preclude an adjournment of the meeting to some other time.
ARTICLE IV
CERTAIN POWERS AND DUTIES OF TOWN OFFICERS
SECTION 1. It shall be the duty of the Town Clerk immedi- ately to notify in writing all members of committees that may be elected or appointed at any Town Meeting, stating the busi- ness on which they are to act and the names of the members.
SECT. 2. Every board or officer in charge of a department may, with the approval of the Selectmen, sell or otherwise dis- pose of any personal property or material of the town in the custody or control of such department not required by such de- partment and not exceeding three hundred dollars in value.
ARTICLE V FINANCE
SECTION I. It shall be the duty of the Town Clerk immedi- ately after every Town Meeting, to furnish the Town Account- ant. Board of Assessors, Board of Selectmen and Finance Com- mittee with a statement of all moneys appropriated by the town at such meeting, and of the purposes for which moneys were respectively appropriated.
SECT. 2. All of the accounts of the town shall be audited bi-annually by the Division of Accounts, Department of Cor- porations and Taxation, in accordance with the laws of the Commonwealth.
ARTICLE VI FINANCE COMMITTEE
SECTION 1. The Finance Committee shall annually elect from its members a chairman and a secretary respectively who shall hold office for a term expiring on the first day of December next ensuing unless they shall sooner cease to be members of the committee. Vacancies in the offices of chairman and secretary may be filled by the committee at any time.
SECT. 2. Any board, committee or officer of the town, or any person or persons intending to ask an appropriation at any meeting of the town, other than an appropriation of which an
1931]
BY-LAWS. 269
estimate is required by law to be filed annually with the Town Accountant, shall file with the Selectmen at least thirty days before such meeting a written notice stating the object and sum of the appropriation intended to be asked. A written request for the insertion of a proposed article in the Warrant for such meeting, provided such article discloses the maximum amount to be appropriated thereunder, shall be deemed a sufficient notice, if so filed. The Selectmen shall thereupon record such notice and inform the Finance Committee thereof. No appro- priation of money for the purpose of which such notice is hereby required shall be made in the absence of such notice unless the Finance Committee shall have made a report to the meeting with its recommendations on the article under which such appropriation is to be made or unless, failing such report, such article shall have been laid on the table for a period of at least five days.
ARTICLE VII
PURCHASES
SECTION I. No purchases or contracts for purchases of materials, equipment, or supplies exceeding $500.00 in amount shall be made by any officer or department of the town without first advertising for sealed bids therefor. Such advertisements shall state the time when and the place where such bids are to be opened, and shall be made in a newspaper, if any, published or purporting by its title page to be published in the town ; otherwise in a newspaper published in the county of Essex.
SECT. 2. No purchases or contracts for purchases of mate- rials, equipment, or supplies exceeding $200.00 in amount shall be made by any officer or department of the town without first advertising for sealed bids in the manner provided in the pre- ceding section, or, in lieu thereof, calling for bids by notice sent by mail to at least two dealers in the materials, equipment, or supplies wanted.
SECT. 3. The foregoing sections of this article shall not be applicable in case of emergency. Any officer or a majority of any board or committee making such purchases or contract exceeding $200.00 shall certify in writing to the Town Account- ant either that the foregoing provisions have been complied with or that an emergency existed, as the case may be.
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TOWN DOCUMENTS.
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SECT. 4. No salaried officer or salaried employee of the town or any agent of any such officer or employee shall sell materials or supplies to the town or receive any compensation or commission for work done by him for the town or receive any emolument, gain or income as the result of any contract with or sale to the town negotiated by him except his official salary and fees allowed by law.
ARTICLE VIII
LEGAL AFFAIRS
SECTION 1. The Board of Selectmen shall annually appoint an Attorney at Law to act as Town Counsel.
SECT. 2. The Board of Selectmen shall have authority to prosecute, defend and compromise all litigation to which the town is a party, and to employ special counsel to assist the Town Counsel whenever in their judgment necessity therefor arises.
SECT. 3. The Town Counsel shall draft all bonds, deeds, leases, obligations, conveyances and other legal instruments, and perform every professional act which may be required of him by vote of the town or any board of town officers. Also when required by said boards or any committee of the town, he shall furnish a written opinion on any legal question that may be submitted to him, and he shall at all times furnish legal advice to any officer of the town who may require his opinion upon any subject concerning the duties incumbent upon such officer by virtue of his office. He shall prosecute all suits ordered to be brought by the town or Board of Selectmen, and shall appear at any court in the Commonwealth in defence of all actions or suits brought against the town or its officers in their official capacity. He also shall argue and try any and all causes in which the town shall be a party, before any tribunal, whether in law or equity, in the Commonwealth, or before any Board of Referees or Commission, and shall appear at any and all hearings on behalf of the town whenever his services may be required.
ARTICLE IX
POLICE REGULATIONS
SECTION 1. No person shall leave any vehicle, coal, wood, or other obstruction, in any street, and suffer the same to remain
271
BY-LAWS.
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there over night without maintaining a sufficient light over or near the same throughout the night.
SECT. 2. No person without lawful authority so to do shall throw, sweep, place or drop or otherwise allow to be deposited and suffer to remain in or upon any street, or public place, any dirt, ashes, stones, crushed stone, gravel, nails, tacks, bottles, glass, hoops, boards, wood, shavings, sawdust, manure, rubbish or filth of any kind, nor any noxious or refuse liquid or solid matter or substance.
SECT. 3. No person shall tie a horse or other animal to any tree, nor to any structure protecting such tree, in any street or public place.
SECT. 4. No person shall pasture any cattle or other animals in any street.
SECT. 5. No person shall permit or suffer any horse or other animal or any vehicle, belonging to him, or under his charge, to stand or stop upon any crosswalk in this town, for any purpose except the taking up or setting down of passengers, nor for a longer time than shall be necessary for such purpose.
SECT. 6. No owner or person for the time being having the care or use of any horse or other beast of burden, carriage or draught, shall ride, drive or permit the same to travel at a faster rate than nine miles an hour in any street or public place in this town.
SECT. 7. No driver of a vehicle shall permit the same to remain backed to the curb, except when actually loading or unloading.
SECT. 8. Unless in an emergency, or to allow another vehicle or pedestrian to cross its way no driver of a vehicle shall stop the same in any street except close to the sidewalk line nor in such a way as to obstruct any street or crossing.
SECT. 9. No driver of a vehicle shall stop or stand the same within the intersection of any street, nor within fifteen feet of a street corner, nor within fifteen feet of a hydrant or fire engine house or station.
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SECr. 10. When a horse-drawn vehicle is backed to the curb or sidewalk, the horse or horses shall be turned so as to stand parallel with the sidewalk and heading in the general direction of travel on the side of the street on which the vehicle is standing.
SECT. 11. No person shall drive or conduct any vehicle in such a condition, or so constructed, or so loaded as to be likely to cause delay in traffic or accident or injury to persons or to property.
SECT. 12. No person shall break, deface or move any official sign post, signalling, or traffic device, warning barrier, lantern, street lamp or other light, placed or located in any street or public place for the information or direction of traffic or the protection of the public.
SECT. 13. No person shall drive, wheel or draw upon a side- walk a coach, cart, hand cart, hand barrow, or other vehicle of burden or pleasure, except children's carriages, or carriages con- taining children or invalids and drawn by hand.
SECT. 14. No person shall leave a horse unattended upon a street for a longer period than five minutes unless he is tied to a post or a weight, or unless the wheels of the vehicle to which he is harnessed are securely fastened or chained.
SECT. 15. No owner or driver of a vehicle shall bait or feed in a street, a horse or beast connected with such vehicle, except in a place designated by the Chief of Police, nor unless the horse or beast while being bated or fed is under the care of some suit- able person, and is properly secured to prevent it from getting beyond such person's control.
SECT. 16. No person shall coast or skate on any street or public place excepting on such streets as may be designated by the Selectmen, and on public playgrounds.
SECT. 17. No person shall throw stones, snowballs or other dangerous missiles, nor play ball or football, on any street.
SECT. IS. Three or more persons shall not stand in a group, or near each other on any street, after a request to move on made by any constable or police officer.
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SECT. 19. No person shall accost or address another person with profane, obscene, indecent or insulting language, on any street or other public place, or in any building owned by the town and no person shall be rude, boisterous, indecent or dis- orderly on any street, or in any public place or town building or annoy or disturb any person peaceably thereon or therein.
SECT. 20. No person shall loiter, saunter or continue to sit or stand in any street, public place or town buildings, so as to obstruct or impede the free passage of or in any manner annoy or disturb any other persons, after being directed by a police officer to move on.
SECT. 21. No person shall habitually or otherwise gather or congregate or loaf about, on any street or public place, after being directed by a police officer to cease such gathering or loafing.
SECT. 22. No person shall own or keep any dog which by biting, barking, howling or in any other manner disturbs the peace and quiet of any neighborhood, or endangers the safety of any person. Any person who violates this section shall be punished by a fine of ten dollars.
ARTICLE X STREETS
SECTION I. No person, except the Selectmen or Superin- tendent of Public Works shall obstruct any street, or any part thereof, or break or dig the ground of the same, without first obtaining a written permit from the Selectmen therefor; and the Selectmen may before granting such permit require a bond in the penal sum of four thousand dollars and with such sureties, if any, as they may approve to indemnify the town against any liability by reason of any act done under such permit.
SECT. 2. Any person holding a permit under Section I shall put, and at all times keep, a suitable railing around the parts of any sidewalk or street so obstructed or dug up, so long as the same shall be unsafe or inconvenient for travellers, and shall also keep as many lighted lanterns fixed to such railing or fence, every night from twilight in the evening through the whole night, as the Selectmen or Superintendent of Public Works shall direct.
18
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Sker. 3. Whenever any sidewalk becomes obstructed or made impassable by reason of the erecting or repairing of any building, or of doing any work, the person doing or causing the same to be done shall place a good and convenient walk around such obstruction.
SECT. 4. No owner, tenant, or other person having control of any buildings or premises, shall permit a gate or door thereon to swing open across any part of a street.
ARTICLE XI
LICENSES
SECTION I. Except as otherwise provided by law the Select- men may grant licenses to owners of vehicles upon such rules and regulations as said Board may deem proper, not inconsistent with these by-laws, to use such vehicles for the conveyance of persons or property for hire, and may designate stands and locations upon the streets of the town where such vehicles may stand or wait for employment.
SECT. 2. Every such license shall be granted to expire on the first day of May next ensuing after the date of its issue and it may be revoked at any time for cause satisfactory to said board. Each license may cover one or more vehicles belonging to the same owner, shall bear upon its face the date of its issue, the date of its expiration, the name and address of the owner of the vehicle or vehicles to whom the license is issued, and a description of each vehicle so licensed sufficient for its identi- fication. A separate number shall be designated for each vehicle so licensed and the owner shall before using such vehicle for hire, have such number plainly marked upon each side thereof excepting only in the case of motor vehicles duly registered under the laws of this Commonwealth, and in such cases the license issued hereunder shall contain the motor number of such motor vehicle.
The fee for each license shall be one dollar for each vehicle covered thereby and no license shall be transferred except with the approval of the Board of Selectmen duly endorsed thereon.
SECT. 3. No person shall hold himself out as the owner, driver or operator of any vehicle used for the purpose mentioned
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BY-LAWS.
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in this article, unless such vehicle is duly licensed as provided in the two preceding sections.
SECT. 4. 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.
SECT. 5. The Board of Selectmen may license suitable per- sons to be junk collectors, to collect from place to place in this town by purchase or otherwise, any article mentioned in Section 4.
SECT. 6. No collector of junk shall, directly or indirectly, either purchase or receive by way of barter, exchange or other- wise, any of the articles mentioned in Section 4, of a minor or apprentice, knowing or having reason to believe him to be such.
SECT. 7. Every collector of junk while engaged in collection, transporting or dealing in the articles mentioned in Section 4, shall wear upon the outside of his clothing a badge and have upon each side of any vehicle used by him a sign, well displayed, such badge and sign to be prescribed by the Board of Selectmen.
SECT. 8. Every vehicle and receptacle used by a collector of junk shall at all times be open to the inspection of the Board of Selectmen or any person by them or by law authorized to make such inspection.
SECT. 9. Licenses under Sections 4 and 5 shall be granted to expire on the first day of May next ensuing after date of issue and may be revoked at any time for cause satisfactory to said Board.
ARTICLE XII
PLANNING BOARD
SECTION I. A board of five members is hereby created and established to be known as the Planning Board. At the annual town meeting to be held in the month of March, 1924, there shall be elected one member to serve for one year, two members to serve for two years, and two members to serve for three years, and thereafter there shall be elected at the annual town meeting in
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each year one or two members of such Board, equivalent to the number whose term of office expire in such year, to serve for the term of three years.
SECT. 2. Vacancies occurring in such Board shall be filled in the manner provided by law.
SECT. 3. The duties of the Planning Board shall be such as are stated in Chapter 41, Sections 70 to 72, inclusive, of the General Laws of the Commonwealth, and further to consider and advise upon municipal improvements either at the request of other officials of the town or upon its own initiative. The Board shall meet at regular intervals. It may also hold public meetings. It may make investigations and studies relative to new streets and park developments. It shall be the duty of town officials and departments to exhibit public books, accounts and records in their custody at all reasonable times on request of the Planning Board. Said Board may incur expenses neces- sary to the carrying on of its work within the amount of its annual appropriations.
SECT. 4. The Planning Board shall make a report to the town annually, giving information regarding the conditions of the town and any plans or proposals for the development of the town and estimates of the cost thereof. Such report shall be sent to the Selectmen not later than such time in January in each year as the Selectmen may prescribe or as may be prescribed by law in force relative to reports, and a copy thereof shall be filed with the Massachusetts Department of Public Welfare.
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