USA > Massachusetts > Essex County > Saugus > Town annual report of the officers and committees of the town of Scituate 1955-1957 > Part 39
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Section 7. The annual report of the Town Officers shall be printed and distributed at least ten days before the Town Meeting.
Section 8. The duties of all Town Officers not specifically pro- vided for by law nor by these rules shall be determined by the rules of parliamentry law contained in Cushing's Manual so far as they are adapted to Town meetings. 1899, Art. 9, I, 1-8
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Town Meeting By-Laws
1. If when a motion is put to the meeting for a vote, a member stands and requests a secret ballot he shall be promptly recognized by the Moderator and if on inquiry by the Moderator, such member is joined in such request by at least 29 other members standing, the Moderator shall automatically order, without debate, that the vote on such motion, when taken, shall be by secret ballot.
2. The Selectmen shall, at least thirty days prior to service or publication of the Warrant for an Annual Town Meeting, submit all Articles to be inserted therein to the Advisory Committee, who shall determine under the following headings the order in which said Articles shall be inserted in the Warrant by the Selectmen:
1. Elections and Reports
2. Fiscal (operational general)
3. Public Safety (Police, Fire, Health, Water and Sewerage)
4. Education (Schools, Libraries)
5. Public Works (Highways, Parks, Waterfront)
6. Town Planning (Zoning, Building Codes, etc.)
7. General (By-Laws and Articles not applicable to specific categories)
3. All Articles in the Warrant shall be acted upon in the order of their arrangement, unless a two-thirds majority votes otherwise.
4. No vote of a Town Meeting may be reconsidered except by a two-thirds vote at the same session of the Town Meeting.
Streets and Sidewalks
Section 1. The Selectmen or Road Commissioner may grant permits to any persons to build sidewalks in front of their own land, or on any of the streets or ways of the Town, whenever the public safety will permit; which permit shall specify the width and mode of constructing the same.
Section 2. Whenever complaint shall be made to the Select- men that the practice of coasting on any of the streets or sidewalks in the Town has become dangerous to the public safety they may, if they shall judge it expedient, post up a notice in some conspicu- ous place, on the side or corner of such streets, forbidding all per- sons to coast upon the same; and if any person shall be found coasting upon the same after the posting of such notice he shall pay a fine of not less than one dollar nor more than five dollars
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for every offense, to be recovered of the offender, his parents or guardian.
Section 3. No person shall wheel, drive or draw any handcart, bicycle, handsled or any other carriage of burden or pleasure, baby carriages excepted, nor permit any horse or other beast to go upon any sidewalk, nor to encumber the same with any boxes, barrels or any articles whatever to interfere with the convenient use of the same.
Section 4. Every owner or occupant of premises in the Town shall keep the same free from all nuisances and sources of filth injuri- ous to the public health and safety; and any nuisance, source of filth of cause of sickness found on private property must be removed upon notice of the Board of Health and within such time as it may designate. If upon notice from this board any premises are not put in proper sanitary condition, the same shall be vacated upon the order of the Board.
Section 5. No person shall place or cause to be placed in any public or private way of the Town the contents of any sink, cesspool or privy, nor place any dead animal, or dead animal or vegetable substance, rubbish or garbage in the same, except for the purpose of immediate removal therefrom, under a penalty of not less than five nor more than twenty dollars for each offense.
Section 6. The words "public or private way" in the forego- ing section shall be understood to include alleys, lanes, yards, beaches, or any other place where the presence of such refuse shall give offense to neighbors.
Section 7. One or more persons standing on any sidewalk or crosswalk, in such a manner as to obstruct a free passage for foot passengers, who shall not disperse immediately when ordered by any of the Selectmen, police officers or constable of the Town, shall severally forfeit and pay a fine of three dollars for any violation of this By-Law. 1899, Art. 9, II, 1-7
Section 8. No person shall use any of the bridges within the Town for the purpose of diving, nor shall any person swim in the waters or channels in the vicinity of such bridges. This By-Law to apply more specifically to the Edward Foster Road Bridge and the Humarock Bridge spanning the South River.
Any person violating any of the provisions of this Article shall be liable to a fine of not more than $20.00 for each such offense. 1957, Article 45
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Section 9. No person shall allow any dog owned by him, or under his custody or control, to be on any beach in the Town during the months of June, July, August and September, except on a leash not exceeding seven feet in length. Any violation of this section shall be punishable by a fine of not more than ten dollars for each offense.
1950, Article 49 1952, Article 46
Traffic and Highways
Section 1. The Selectmen shall make some suitable regulations for the occupancy of the highways and streets of the Town for park- ing of carriages, automobiles or other vehicles as shall provide for the public safety and convenience.
Section 2. The Selectmen may make and rescind from time to time as occasion in their judgment may require, rules and regula- tions governing all traffic upon the highways of the Town as well as the parking of automobiles and other vehicles thereon. Violation of the rules and regulations so made shall be punished by a fine not in excess of $20 for each offense.
Section 3. Persons parking vehicles in Town-owned parking spaces must do so in accordance with the rules and regulations adopted or hereafter adopted by the Board of Selectmen or other Board having charge of said parking space.
Section 4. Said Board may require the use of stickers desig- nating the holder as a person duly authorized to use said parking space.
Section 5. The Parking of vehicles in private parking spaces reserved for guests or customers of the owner or tenant shall also be subject to reasonable rules and regulations by the Board of Selectmen for the protection of life and property.
Section 6. Any person or persons violating any provision of these by-laws or rules and regulations passed thereunder for the parking of vehicles in public or private parking spaces or violating any rules and regulations of the Board of Selectmen governing the parking and use of vehicles upon public ways in the Town shall be subject to forfeiture of a fine of not more than twenty (20) dollars. 1922, Article 56 1947, Article 46
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Billboards
Section 1. No person, firm, association or corporation shall erect, display or maintain a billboard, sign or other outdoor ad- vertising device, except those exempted by Sections 30 and 32 of Chapter 93 of the General Laws,
(a) Within fifty (50) feet of any public way;
(b) Within three hundred (300) feet of any public park, play- ground or other public grounds, if within view of any portion of the same;
(c) Nearer than fifty (50) feet to any other such billboard, sign or other advertising device, unless said billboards, signs or other advertising devices are place back to back;
(d) On any location at the corner of any public ways and within a radius of one hundred and fifty (150) feet from the point where the center lines of such ways intersect ;.
(e) Nearer than one hundred (100) feet to any public way, if within view of any portion of the same, if such billboard, sign or other advertising device shall exceed a length of eight (8) feet or a height of four (4) feet;
(f) Nearer than three hundred (300) feet to any public way, if within view of any portion of the same, if such billboard, sign or other advertising device shall exceed a length of twenty-five (25) feet or a height of twelve (12) feet;
(g) In any event if such billboard, sign or other advertising device shall exceed a length of fifty (50) feet or a height of twelve (12) feet; except that the Selectmen may permit the 1 erection of billboards, signs or other advertising devices which do not exceed forty (40) feet in length and fifteen (15) feet in height if not nearer than three hundred (300) feet to the boundary line of any public way;
(h) No billboard, sign or other advertising device shall be erected, displayed or maintained in any block in which one-half of the buildings on both sides of the street are used exclusively for residential purposes; except that this provision shall not apply if the written consent of the owners of a majority of the frontage on both sides of the street in such block is first obtained and is filed with the Division of Highways of the Department of Public Works together with the application for a Permit for such bill- board, sign or other advertising device;
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(i) No bilboard, signs or other advertising device shall be erected, displayed or maintained until a Permit therefor has been issued by the Division of Highways of the Depart- ment of Public Works pursuant to the following provi- sions: Upon receipt from said Division of a notice that application for a Permit to erect, display or maintain a billboard, sign or other advertising device within the limits of Scituate has been received by it, the Selectmen shall hold a public hearing on said application, notice thereof having been posted in three public places in said Town at least one week before the date of such hearing. A written statement as to the results thereof shall be forwarded to the Division, containing, in the event of a disapproval of such application, the reasons therefor, within thirty days from the date of notice to the Town that an application for such a Permit has been made. The provision of (a), (c), (d), (e), (f), and (g) shall not apply to districts which the Selectmen may determine are of a business character.
Section 2. This By-Law shall not apply to signs or other de- vices which advertise or indicate either the person occupying the premises in question or the business transacted thereon, or adver- tise the property itself or any part thereof as for sale or to let; and provided further that this By-Law shall not apply to billboards, signs or other advertising devices legally maintained at the time of its approval by the Attorney-General, until one year from the first day of July following such approval.
Section 3. Whoever violates any of the provisions of this By- Law shall be punished by a fine of not more than one hundred dol- lars ($100), and whoever, after conviction for such violation, un- lawfully maintains such billboard, sign or other outdoor advertising device for twenty (20) days thereafter shall be punished by a fine of not more than five hundred (500) dollars.
Section 4. If any provision of this By-Law is declared uncon- stitutional or illegal by final judgment, order or decree of the Supreme Judicial Court of the Commonwealth, the validity of the remaining provisions of this By-Law shall not be affected thereby. 1929, Article 59
Posters and Handbills
Section 1. Whoever posts, affixes or in any way attaches any poster, handbill, notice, advertisement or placard to or upon any wall, fence, building or structure, shall forfeit and pay for each
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offense a fine of not less than five dollars nor more than twenty dollers.
1899, Art. 9, III, 1
Section 2. Whoever paints, draws or stamps any letter, notice, figure, advertisement or marks upon any wall, fence, post, tree, building or structure not his own, without the permission of the owner thereof, or without said permission, mars, defaces or dis- figures in any way, such wall, fence, post, tree, buildings or struc- ture, shall forfeit and pay for each offense a fine of not less than five nor more than twenty dollars. 1899, Art. 9, III, 2
Loitering
Section 1. Any person or persons loitering about, or persons congregating on a public way or sidewalk, or other public place, who shall not immediately desist from said loitering about or dis- perse when ordered or requested so to do by any constable or police officer of the Town, and any person or persons congregating or loitering about in any schoolhouse yard, or out-buildings, not being a member of the public schools, who shall not immediately disperse and leave the premises when ordered or requested to by any school official, constable or police officer of the Town, shall severally for- feit and pay a fine of not over twenty dollars for every such offense.
Bathing Costumes
Section 1. No person in a nude state shall bathe or swim in any public or exposed place in the Town. 1899, Art. 9, III, 4
No person shall loiter or walk upon a sidewalk or roadway in a bathing costume, unless wearing a closed covering; nor remove any part of their bathing costume on any beach, or disrobe for bathing in a public sanitary or within public view.
No person shall dress or undress in a vehicle on any street, sidewalk, driveway or public beach.
Any person violating any of the provisions of this article shall be liable to a fine of not more than twenty dollars for each offense. 1949, Article 42
Purchase and Sale of Junk, Old Metals, and Second Hand Articles
Section 1. No person shall be a dealer in, or the keeper of a shop for the purchase, sale or barter of junk, old metals, or second hand articles, unless he receives a license therefor from the Board of Selectmen.
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Section 2. Every keeper of a shop for the purchase, sale or barter of junk, old metals or second hand articles, shall keep a book in which shall be written at the time of every purchase of any such article, a description thereof, and the name, age, and residence of the person from whom, and the day and hour when, such purchase was made; and such book shall at all times be open to the inspection of either (sic) of the Selectmen, and of any person authorized by the Board of Selectmen to make such inspection.
Section 3. Every keeper of a shop such as described in the pre- ceding section, shall set in a suitable and conspicuous place in his shop, a sign having his name and occupation legibly described thereon in large letters, and all articles of merchandise therein contained may be at all times examined by the Selectmen or by any person by them authorized to make such examination.
Section 4. No article purchased or received by the keeper of such a shop shall be sold until a period of at least a week has elapsed since the date of its purchase or receipt.
Section 5. No dealer in or keeper of a shop for the purchase, sale and barter of junk, old metals, or second hand articles, shall directly or indirectly, either purchase or receive by way of barter or exchange any article of merchandise of a minor apprentice, knowing or having reason to believe him to be such.
Section 6. Every keeper of a shop under a license granted in accordance with Section 1 of this chapter, shall close said shop at six o'clock P.M., to remain closed until six o'clock A.M. the follow- day, and no keeper thereof shall purchase any of the articles afore- said during such hours.
Section 7. All the provisions of this chapter shall be incor- porated in every license granted as aforesaid. March 5, 1906
Planning Board
Note: - By vote of the Town under Article 28 at its annual meeting in 1946, Sections 81A to J of General Laws Ch. 41 (as amended by Chapter 340 of the Acts of 1947) were accepted relat- ing to the establishment, etc. of a Planning Board.
Advisory Committee
Section 1. There shall be established an Advisory Committee for the Town which shall perform duties as set forth in the follow-
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ing section of this article and be governed by the provisions of General Laws. Said Committee shall consist of nine citizens of the Town, which committee shall be appointed as provided in the fol- lowing section, and no person holding an elective or appointive town office or receiving a salary from the said Town shall be eligible to serve on said committee.
Section 2. Immediately upon taking effect of this by-law the Moderator shall appoint from the citizens of the Town three mem- bers whose term of office shall expire at the dissolution of the annual town meeting of 1943, three members whose term of office shall expire at the dissolution of the annual town meeting of 1942, three members whose term of office shall expire at the dissolution of the annual town meeting of 1941; and at each annual meeting thereafter the Moderator thereof shall fill vacancies occurring in this office. Said committee shall choose its own officers and serve without pay. Said committee shall cause to be kept a true record of its proceedings and annually file a copy in the office of the Town Clerk.
Section 3. To this committee shall be referred all articles in any warrant for town meeting hereafter issued. The Selectmen, after drawing any warrant for a town meeting, shall transmit imme- diately a copy thereof to the Advisory Committee, and said com- mittee shall consider all articles therein and shall report thereon in print or otherwise, to the town meeting such recommendations as it deems to be for the best interest of the Town. Upon written request a reasonable time in advance the Advisory Committee shall grant a hearing to the petitioners for any articles, before making recommendations.
Section 4. The Advisory Committee shall require the Select- men and other Town officers, under whose direction, appropriations of money are expended, to submit to them, at least thirty days before the annual town meeting, an estimate of the appropriations necessary to be made for their various departments, and to come before them for consultation regarding the same, at such times and places as said committee shall determine. A public hearing may be held upon all articles due notice of which is to be given to the citi- zens. The Advisory Committee shall state the amounts which in its opinion shall be appropriated for the ensuing year, and shall add thereto such explanations and suggestions in relation to the proposed appropriations as it deems expedient and report thereon as provided in section three.
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Section 5. Whenever any vacancy shall occur in said com- mittee by any cause, said vacancy shall be filled by the Moderator. Five members of the Committee shall constitute a quorum for the transaction of business and if any member is absent from five con- secutive meetings of said Committee, except in cases of illness, said Committee may consider his position vacant and report such vacancy to the Moderator who shall proceed to fill the same. The term of office of any person appointed as aforesaid to fill a vacancy shall be for the unexpired term of the person whom he succeeds.
Section 6. The Advisory Board heretofore established by vote of the Town is discharged upon qualification of the new Committee hereby established.
(Superseding 1911, Art. 33)
Sale of Real Estate
Section 1. The Selectmen are authorized to sell after first giving notice of the time and place of sale by publication one or more times at least one week before the sale in a newspaper pub- lished in the County of Plymouth and by posting in four public places in the Town fourteen days at least before the sale, property taken by the Town under tax title procedure provided that the Selectmen or whomsoever they may authorize to hold such public auction may reject any bid which they deem inadequate.
1938 Special, Article 1 1946 Article 20
Sale of Obsolete Articles
The Department Heads of the Town, in conjunction with the Board of Selectmen shall have the right to sell Town owned useless or obsolete articles of personal property after the same has been appraised by a competent person, at a price no lower than the value established by such approisal. If the value of the same exceeds $250.00, notice must first be given of the time and place of sale by publication, one or more times, at least one week before the sale in a newspaper published in the Couny of Plymouth.
1957, Article 46
Town Counsel
Section 1. The Board of Selectmen shall annually appoint a member of the bar to serve during their pleasure as Town Counsel. The duties of the Town Counsel shall be to advise and serve the
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Board of Selectmen and all other boards, departments and officials of the Town in any and all legal problems and cases arising in the conduct of their respective offices as they may deem necessary.
1934, Article 11
Suits Against the Town
Section 1. The Selectmen are authorized to prosecute, com- promise, or defend any suit or suits within the Commonwealth in the name of the Town and to settle any claim against the Town not exceeding twenty-five dollars ($25.00) out of any available funds therefor. 1934, Article 9
Moving of Builidngs
Section 1. No person shall move any building through any street, lane or alley without license from the Selectmen.
1899, Article 9, II, 10
Taxes
Section 1. The Collector of Taxes shall collect under the title of Town Collector, all accounts due the Town and said Collector shall once in each week or oftener pay to the Town Treasurer all money received by him during the preceding week or lesser period.
Section 2. All taxes shall be payable by November 1, of the year when assessed, and that all taxes unpaid after said November 1 shall draw interest at six per cent from the fifteenth day of October until paid.
Section 3. In the collection of all water revenue the Town Collector shall be governed by and subject to all rules and regula- tions of the Water Commissioners of the Town.
1931, Special, Article 6
Audit
Section 1. There shall be an annual audit of the town books under the supervision of the State Director of Accounts, Depart- ment of Corporations and Taxation. 1930, Article 51
(The By-Laws regarding hawkers and peddlers (1918, Art. 30) were rescinded by 1933, Article 32.)
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Fire Department
No member of the Fire Department shall be required to work more than fifty-six (56) hours per week.
1954, Special, Article 10
Use of Telephones
No person shall be reimbursed by the Town for telephone serv- ice, except for necessary telephone service made in connection with town business made from points within the Town to points outside the Town (hereinafter called oustide service), and evidenced by voucher properly presented to the Town, showing the cost of such outside service. 1955, Article 50
Classification and Salary Plan (Particular Schedules Omitted)
PART I - GENERAL
Section 1. TITLE.
The Classification of Positions and Pay Schedules . appended hereto and the provisions of this By-Law shall be the Classification and Salary Plan (hereinafter referred to as the Plan) for the pay- ment of salaries and wages to the employees of the Town of Scituate coverd by the Plan.
Section 2. COVERAGE.
The provisions of this By-Law shall apply to all positions in the employ of the Town, except (1) those filled by general election. (2) those under the control of the School Committee, (3) part time professional services which are more appropriately contracted for on either a fec or a contractural basis, (4) part time or intermittent official. executive, or other services for which the compensation paid. if any, represents an honorarium rather than actual pay for serv- ices rendered, or work performed. Nothing herein, however, shall bar reference to the Plan for assistance in determining the compen- sation of employees not covered by the Plan. Section 3. TITLES OF POSITIONS.
The title of each classification shall be the official title for all purposes having to do with the position as such, and shall be used to designate the position in all payrolls, budget estimates, and
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official records and reports, and in every connection involving per- sonnel and fiscal processes, but any abbreviation or code symbol approved by the Personnel Board may be used in lieu of the title to designate the classification in any such connection.
(a) Position titles shall be interpreted as descriptive only and not restrictive. They shall be construed solely as a means of dis- tinguishing one position from another and not as prescribing what the duties or responsibilities of any position shall be, or, as modi- fying, or in any way affecting, the power of any administrative authority, as otherwise existing, to appoint, to assign duties to, or to direct and control the work of, any employee under the jurisdic- tion of such authority.
Section 4. RECORDS.
The Town Accountant shall keep such records of all employees of the Town, including the name, age, date of employment, classi- fication, department in which employed, and other information as the Personnel Board shall deem necessary. Department Heads shall furnish such information as shall be requested for this purpose.
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