USA > Massachusetts > Essex County > Swampscott > Town annual report of Swampscott 1916 > Part 8
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SECT. 14. No motion to dissolve a town meeting shall be in order un- til every article in the warrant therefor has been duly considered and acted upon.
SECT. 15. Reconsideration may be had only upon notice for that pur- pose made by one of the majority acting thereon on the day on which such vote has been passed, and the question of reconsideration shall be acted on at an adjournment of that meeting or some adjournment thereof, except it be a vote upon an article appropriating or involving the expenditure of money, or the creating of a debt, or the disposal of town property. A vote upon an article appropriating or involving the expenditure of money, or the creating of a debt, or the disposal of town property, may be reconsid- ered upon motion if twenty voters vote in favor thereof. Such reconsid- eration shall be voted at the meeting at which the original vote is taken (and further action under the article postponed for the period of not less
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than seven days nor more than fourteen days thereafter, and the meeting shall determine the time for the adjourned meeting at which such further action shall be taken within the limitations aforesaid). At an adjourned meeting a question referred under the provisions hereof shall not be open for further debate, but the reports of any committees, or departments, or any written communication of a voter, bearing upon the question filed with the town clerk, shall be read to the meeting by said clerk prior to the vote being taken. The vote shall be determined in the following manner :
The moderator shall then call for a rising vote, first upon the adoption of the proposition recommended by the Finance Committee, second upon the adoption of any alternative proposition which shall have been voted at the preceding meeting, and third, upon the proposition to indefinitely postpone action upon the article, and the proposition receiving the largest number of votes shall be the determination of the town and shall be declared as the vote upon the article.
SECT. 16. All motions submitted for the consideration of the meeting involving the expenditure of money, the creation of a debt, or the disposal of town property, shall be in writing, unless embodied in the report of a committee, and all motions shall be made in writing, if required by the presiding officer.
SECT. 17. No motion or proposition, unless germane to the subject under consideration, shall be admitted under color of amendment.
SECT. 18. Any voter may call for a division of a question, when the sense will admit of it.
SECT. 19. The motion to adjourn, to lay upon the table, to take from the table, for the previous question and for the yeas and nays, shall be decided without debate.
CHAPTER III. DUTIES OF TOWN OFFICERS.
SECTION I. The Selectmen shall have full authority as agents of the town, to institute and prosecute suits in the name of the town, to appear and defend suits brought against it, and to appear on its behalf in proceedings before any committee or tribunal, except as otherwise provided herein, and unless it is otherwise specially ordered by vote of the town as pro- vided by law.
SECT. 2. All suits or proceedings for the collection of water rates or for any other cause of action concerning the delivery or supply of water by the town, the maintenance of a plant for supplying of such water, for the violation of any by-laws, rules or regulations which may have been or may hereafter be passed or adopted for the establishing or maintenance of water works, pipes, gates, hydrants or other appliances for purposes of drainage or for any other matter fairly within the care, control or juris- diction of the Water and Sewerage Board, may be instituted by the Water and Sewerage Board in the name of the town.
SECT. 3. The Selectmen shall annually, not less than seven days before the annual meeting, cause to be distributed among the tax payers at their dwellings, copies of the town reports.
SECT. 4. The Selectmen shall cause every fifth valuation of estates made by the Board of Assessors, or abstract thereof, to be printed in sufficient number to be available for the distribution to tax payers at the office of said Assessors.
SECT. 5. The Town Clerk shall keep a book of records for the sole purpose of recording the location of all highways and town ways within the town, with an index thereto; shall notify immediately in writing, all committees that may be elected or appointed at any town meeting and the nature of the business upon which they are expected to act; shall notify the chairman of departments and committees and officers of votes of the town pertaining to their respective departments.
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CHAPTER IV. FINANCE COMMITTEE.
SECTION I. There shall be a standing Finance Committee to consist of six voters, no one of whom shall hold town office, and the election to town office shall terminate his membership thereon. The Moderator shall annually appoint two members to serve for the term of three years from date of appointment; provided, nevertheless, that the term of service shall terminate at the dissolution of the third annual meeting following an appointment. The members of this committee shall serve without pay. Any vacancy in their number shall be filled by the Moderator, and the member then appointed shall serve for the unexpired term.
SECT. 2. It shall be the duty of the Finance Committee to investigate and report to the town, with their recommendations, all pertinent facts relating to any articles in a warrant, the subject matter of which pertains to the appropriation or expenditure of money, the creation of a debt or disposition of town property. For this purpose the committee shall have access to all books, vouchers and other documents and papers belonging to the town.
SECT. 3. The committee shall confer or consult with such depart- ments, officers, employees or committees as may have information con- cerning the subject matter under consideration, and it shall be the duty of all departments, officers, employees or committees to communicate to said Finance Committee such information as they possess relating to the same.
SECT. 4. The Finance Committee may also consider any and all municipal questions for the purpose of making reports and recommenda- tions to the town.
CHAPTER V.
SECTION I. No expenditure in excess of the sum of $500 shall be made until plans or specifications of the object for which said expenditure is to be made shall have been carefully prepared, nor shall any such expendi- ture be made until proposals for contracts setting forth or referring to said plans or specifications, calling for bids, shall have been published not less than once each week for three successive weeks in a newspaper having a general circulation in the town. Such proposal shall state that all bids must be sealed, and the envelope or wrapper enclosing the same properly addressed to the department or committee having the matter in charge. It shall also describe the place where the plans or specifications may be examined or obtained, and the place at which, and the time when the bids shall be opened, together with a statement that the town reserves the right to reject any and all bids. All such bids shall be accompanied by a certi- fied check for an amount equal to not less than 5 per cent of the amount of the bid, but in no case less than the sum of $100, which shall become the property of the town as liquidated damages on failure of the bidder to sign a contract within seven days after notice of the acceptance of this bid, or other default.
All bids shall be publicly opened in the presence of the body having the matter in charge, and the contract shall be awarded to the lowest respon- sible bidder, subject to the foregoing reservations. Upon the acceptance of the bid, the certified check accompanying the same shall be retained until a bond is filed as hereinafter provided, when it shall be returned. The certified checks accompanying all other bids shall be returned to the respective bidders when the contract is awarded.
SECT. 2. A contract in proper form shall thereupon be prepared, and, with the specifications, submitted to the Board of Selectmen, and shall not be valid until countersigned by said Board. Upon said countersignature, one of the contracts including the bond, properly executed, together with a copy of the specifications, shall be deposited with the Town Accountant.
SECT. 3. Every contract exceeding the said sum of $500 shall be accompanied by a bond in such sum, and with such surety or sureties as may be required and approved by the body in charge of the same, condi- tioned upon the faithful performance of said contract.
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SECT. 4. No town officer and no salaried employee of the town or any agent of any such officer or employee, shall receive any compensation or commission for work done by him for the town, except his official salary, and fees allowed by law, without the permission of the Selectmen expressed in a vote which shall appear on their records with the reason therefor.
SECT. 6. All money received by any town officers or committees, or any person acting for or on behalf of the town, shall upon receipt of the same, be paid into the town treasury, except as otherwise provided by the statutes of the Commonwealth.
CHAPTER VI. PUBLIC PROPERTY.
SECTION I. The Selectmen shall have the power to rent the Town Hall for any lawful purpose, provided, however, that at all times, such renting shall be subject to the use by the town for town purposes.
SECT. 2. It shall be the duty of the Board of Selectmen, as agents of the town, to keep insured against loss or damage by fire, all insurable property of the town, both real and personal. Each department of the town, except the Board of Assessors, shall annually on or before the first day of April render a complete list of all town property, both real and personal, under its control to the said Board of Selectmen, together with the description of said property and its estimate of the replacement value thereof. Each department shall further, forthwith upon the purchase or acquisition of any property, render a statement in writing to the Board of Selectmen, fully describing the same with the replacement value thereof.
CHAPTER VII. HAWKERS AND PEDDLERS.
SECTION I. No person, except one engaged in the pursuit of agricul- ture, shall go about from place to place within this town, carrying or exposing for sale, or selling, fruits or vegetables in or from any cart. wagon or other vehicle, or in any other manner, without a license therefor from the Board of Selectmen.
SECT. 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. Said license, unless sooner revoked by the Board of Selcetmen, shall expire on the thirtieth day of April next after the granting thereof, and each person so licensed shall pay therefor a fee of five dollars.
SECT. 3. No hawker or pedlar shall sell, or offer or expose for sale, any of the articles enumerated in Section 15, of Chapter 65, of the Revised Laws, or in any acts in amendment thereof, or in addition thereto, until he has recorded his name and residence with the Board of Health. Every person licensed under the provisions of the preceding section as a hawker or pedlar of fruits and vegetables shall record his name and residence in like manner with such board or officer.
SECT. 4. No person hawking, peddling, or carrying or exposing for sale any of the articles enumerated in Chapter 345, Acts of 1906, shall cry his wares to the disturbance of the peace and comfort of the inhabitants of the town, nor shall carry or convey such articles in any manner other- wise than in vehicles and receptacles which are neat and clean and do not leak.
SECT. 5. Every hawker and pedlar licensed by the Board of Selectmen shall be assigned a number and shall be provided by the Board of Health with a badge which shall be conspicuously worn by him, and every other such hawker and pedlar as described in Section 3 shall provide himself with a badge, of such type and design as may be approved by said Board of Health, which he shall wear in like manner. Whoever neglects to wear, or wears such badge without authority, shall be punished by the penalty provided in Section 10 of this by-law.
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SECT. 6. Every vehicle or other recepticle used by a licensee as a con- veyance for articles offered or exposed for sale by him, shall have attached thereto on each side, a number plate, to be furnished by the town with his license, bearing the number and date of expiration of such license.
SECT. 7. No person shall be registered or assigned a badge or number under the provisions of Sections 3 and 5 of this by-law, until he presents a certificate from the Sealer of Weights and Measures stating 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 poses- sion by such persons with intent to use false or unsealed weighing or measuring devices, shall be sufficient cause for the revocation of his license, or the cancellation of his registration.
SECT. 8. Any licensee who fails, neglects or refuses to exhibit his license when the same is demanded of him by a Selectman, Commissioner or Inspector, or Sealer of Weights and Measures, Town Treasurer or Clerk, Constable, Police Officer or Justice of the Peace, shall be subject to the same penalty as if he had no license.
SECT. 9. Nothing in these by-laws shall be construed as conflicting with any license issued under the authority of the Commonwealth.
SECT. 10. Any license granted under these by-laws, or any by-law amendatory or additional thereto, may be revoked by the Board granting the same.
CHAPTER VIII. TRAFFIC RULES.
SECTION I. When a horse drawn vehicle is backed up to the curb, the horse or horses shall be turned so as to stand parallel with the sidewalk and headed toward the right hand.
SECT. 2. No horse shall be left unattended for a longer period than five minutes in any street or highway unless he is securely fastened by being tied to a post or a weight, or unless the wheels of the vehicle to which he is harnessed are securely tied, fastened or chained, and the vehicle is of sufficient weight to prevent being dragged at a dangerous speed with the wheels so secured.
SECT. 3. No person owning, possessing or having the care of any cart, coach, sleigh, carriage or vehicle of any description shall store or permit the same to remain unemployed and out of use in any street or part of a highway, except temporarily in case of emergency.
SECT. 4. No person shall hitch any horse or any other animal to any tree or shrub or to any public lamp post, fire alarm or police signal post, or box.
CHAPTER IX.
SECTIONS I AND 2 REJECTED.
CHAPTER X.
SECTION I. No person shall drive, wheel or draw any coach, cart, wheelbarrow, hand cart or carriage, of burden or pleasure, except chil- dren's carriages drawn by hand, on any sidewalk of the town.
SECT. 2. No person shall permit any horse, cattle, swine or sheep under his care to go upon any sidewalk of the town.
SECT. 3. No person shall coast upon any sled, or double runner, so called, except at such time and in such places as may from time to time be designated by the Chief of Police (adopted as a substitute).
Voted. That when we adjourn it be to Friday evening, October 13th, 1916, at 7.45 P. M.
Voted. To adjourn at 10.25 P. M.
Attest : GEORGE T. TILL,
Town Clerk.
6
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Adjourned Special Town Meeting, October 13, 1916.
The voters assembled in accordance with the last adjournment; no quorum present.
Voted. To adjourn to Friday evening, October 20th, at 8 o'clock.
Attest : GEORGE T. TILL,
Town Clerk.
Adjourned Special Town Meeting, October 20, 1916.
In accordance with the above adjournment the voters assembled at the Town Hall on Friday evening, October 20th, 1916.
The meeting was called to order at 8 o'clock by Daniel F. Knowlton, Moderator, there being more than the necessary number of voters present to transact business.
Voted. To dispense with the reading of the records.
Voted. To take up Article 24, By-Laws, by chapters.
Voted. To accept and adopt the following By-Laws as read :
CHAPTER X. POLICE REGULATIONS.
SECTION 4. No person, except the Highway Surveyor in the lawful performance of his duties, or those acting under his orders, shall make or cause to be made any excavation in a public street, or way, for any pur- pose whatever, without having first obtained written permission from the Selectmen. When an excavation is made in a street for any purpose, the person or persons by whom or for whom such excavation has been made, shall cause a rail or other sufficient fence to be placed so as to enclose such excavation and the dirt, gravel or other material thrown therefrom, and such fence shall be maintained the whole time that such excavation continues.
Such fence, excavation and material excavated shall be lighted by a lan- tern, lanterns, or other proper and sufficient light, from the beginning of twilight throughout the whole of every night, during the entire time that such excavation or obstruction exists.
SECT. 5. No person shall obstruct a public street or sidewalk by placing or causing to be placed therein any article or thing whatsoever and suffer the same to remain in such position for more than five minutes without first having obtained written permission from the Selectmen so to do, but nothing herein shall be construed to authorize the Selectmen to issue permits for the use of any portion of a highway for business purposes.
SECT. 6. The contents of any sink, cesspool or privy shall be removed in a vehicle effectively covered, sealed and watertight, and only between the hours of six o'clock post meridian, and seven o'clock ante-meridian, and the same shall not be emptied on any beach, or into the sea adjacent to any beach in the town, but shall be carried in such vehicle and dis- posed of in the earth or otherwise, as the Board of Health may by rules provide, but apart from dwelling houses.
SECT. 7. No person shall remain upon a sidewalk in such manner as to obstruct the free passage of foot travelers, after being requested by a police officer to move on.
SECT. 8. No water from any conductor, gutter or pipe, shall be allowed to discharge on any sidewalk in the town in such manner as to flow over the sidewalk.
SECT. 9. No person shall fire or discharge a gun, fowling piece or fire arm, on any public street of the town, except at a military exercise or review duly authorized by the military authorities of the Common wealth, or on such occasions as the Selectmen shall specially permit, or in the lawful defence of his person.
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SECT. 10. No gate, door or other similar device, either for the use of persons, horses, cattle, carriages or vehicles of any kind, constructed in any fence, abutting on the highways of the town, shall open outward over the sidewalk or highway.
SECT. II. No person shall wilfully or maliciously deface or tear down any bill, placard or notice posted for a lawful purpose, except the same be affixed to premises owned by him, or under his control.
SECT. 12. No person shall for any cause, leave any wagon, cart or other vehicle, wood, coal or other articles in any street, way or sidewalk and suffer the same to remain over night, without maintaining a sufficient light over or near the same throughout the night.
SECT. 13. No person shall by any means or in any manner wilfully frighten any horse, or play at any game in which a ball is used, or shoot with bow and arrows, or throw stones or other missiles in any street, or on any sidewalk within the town.
SECT. 14. No person, unless by leave of the officers of the town, hav- ing charge of the repairs of highways, shall throw or deposit in any street or on any sidewalk, any ashes, dirt, rubbish or filth of any kind, or any animal or vegetable substance.
SECT. 15. No person shall erect or cause to be erected, any fence or building adjoining any street or public ground or set any posts without having first obtained the bounds for the same by application to the Select- men for that purpose.
SECT. 16. No person shall put or cause to be put in any catch-basin in any highway, any filth, sewage, slops or dirty water.
SECT. 17. Dogs shall be so restrained by their owners as to prevent the disturbance of a neighborhood by their barking, biting or howling.
JUNK DEALERS.
SECT. 18. No person shall carry on the business of pawnbroker or dealer in, or keeper of a shop for the purchase, sale or barter of junk, old metals or second-hand articles in the town, unless he is duly licensed therefor by the Selectmen.
SECT. 19. No person shall engage in buying or collecting junk or old metal or second-hand articles, from place to place within the town unless he is duly licensed by the Board of Selectmen.
SECT. 20. Every keeper of such shop shall keep a book in which he shall record the time of receiving any article as a pawn, or purchasing any article, a description of the same, the name, age, and residence of the per- son from whom, and the day and hour when he received or purchased it ; and the book shall at all times be open to the inspection of the Board of Selectmen and any person by them respectively authorized to make such inspection.
SECT. 21. No keeper of a shop for the purchase, sale or barter of junk, old metals or second-hand articles, and no junk collector shall directly or indirectly receive by way of barter or exchange, any articles aforesaid, or purchase any such article of any minor or apprentice, knowing or having reason to believe him to be such. Every such shop and all articles of merchandise thereon, shall be exhibited to the Board of Selectmen, or to any or either member of said Board, or to any person respectively author- ized by said Board or any member thereof to examine such shop or articles of merchandise, whenever a demand is made by any or either of them for such exhibition.
CHAPTER XI. CEMETERIES.
SECTION I. The Selectmen shall appoint annually, in the month of April, a suitable person to be Cemetery Superintendent, who shall hold his office until his successor is appointed. He shall have the care, superintendence and management of the public cemeteries in the town. The Selectmen may make rules and regulations concerning the same which the Board of Health are not authorized by law to make, and
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which are not repugnant to any law of the commonwealth or in contra- vention of any vote of the town. Such superintendent shall cause to be prosecuted all officers enumerated in Revised Laws, Chapter 207, Sections 66 and 67, and any acts in amendment thereof or in addition thereto, and in any other law or by-laws relating to the same. All moneys raised by the town or hereinafter appropriated for the care, improvement or embel- lishment of said public cemeteries, shall be expended under his direction.
Said superintendent shall annually (before the tenth day of January) make up and render a report in writing, of the condition of the cemeteries with an itemized account of the receipts and expenditures and estimates of amounts of appropriations required for the coming year, which report shall be printed in the annual report of town officers.
SECT. 2. The Cemetery Superintendent shall keep set apart and reserved, a sufficient portion of the cemetery as a public place for the use of the inhabitants of Swampscott, free of charge. He may also lay out any other portion of said cemetery in suitable lots or other sub-divisions for family or other burial places, with all necessary paths and avenues, in conformity with the plans heretofore adopted by the town. He may plant and embellish the same with trees, shrubs and flowers and other rural ornaments, he shall keep the said cemetery suitably enclosed by a wall or fence, shall maintain in good repair a receiving tomb, and may cause to be erected such other structures as may be necessary or con- venient for the use of the cemetery.
SECT. 3. The Selectmen shall have authority to grant and convey to any person or persons by deed or certificate, duly executed in the name of the town of Swampscott, the sole and exclusive right of burial, and of erecting tombs, cenataphs and other monuments, in any of the designated lots or sub-divisions of the cemetery. Such deeds or certificates shall be recorded in a book kept for that purpose in their office.
SECT. 4. Any funds, moneys, or securities contributed for the use of said cemetery, or burial lot therein, shall be paid to the Town Treasurer, unless otherwise provided by law, to be kept by him separate and apart from other funds of the town, and subject to the order of the Selectmen. Such proceeds shall be used for no other purpose than the care, improve- ment and embellishment of said cemetery, and any balance remaining at the end of any financial year over and above the annual expenditures may be invested by the Selectmen as a " Perpetual Care Fund," the income of which shall be applied solely to the care of said cemetery. A detailed account of the receipts and expenditures, and of the investment of the fund, shall be included in the annual report.
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