USA > Massachusetts > Worcester County > Southbridge > Town annual reports of the officers of Southbridge for the year ending 1952-1956 > Part 43
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Section 6. (a) No contract shall be awarded for any work or service to be performed for the town, other than pro- fessional service or service performed by a person regularly employed by the town as part of the duties of such employ- ment, and no purchase of materials, supplies or equipment shall be made, the estimated cost of which in either case is Five Hundred Dollars ($500) or more, unless competitive bids have been invited therefor. Such bids shall be invited by public advertisement by at least one insertion in a newspaper published in Southbridge. Such invitations shall state where plans and specifications for proposed work or purchases may be obtained, and the time and place at which bids will be opened, and shall reserve to the town the right to reject any or all bids. All bids shall be opened in public. No purchase, and no service or work for which a contract is proposed, shall be split or divided for the purpose of evading the provisions of this section.
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(b) The selectmen may exempt a purchase or contract from any or all of the provisions of the preceding section when, in their opinion, an emergency exists requiring imme- diate action on such purchase or contract to protect the health and safety of persons or property, or when no reasonable sub- stitute can be obtained for the article or service to be pur- chased or contracted for. Evidence indicating that such an emergency exists, or that no reasonable substitute for a pur- chase or service can be obtained shall be furnished to the selectmen in writing by the officer, board or committee mak- ing such purchase or contract, and shall be kept on file with other records of such transactions.
ARTICLE IX LEGAL AFFAIRS
Section 1. The selectmen shall be agents of the town to institute, prosecute and defend any and all claims, actions and proceedings to which the town is a party or in which the interests of the town are or may be involved, except as other- wise provided in Massachusetts General Laws, Chapter 118A, as amended.
Section 2. The selectmen in their annual reports shall state what actions have been brought against and on behalf of the town, what cases have been compromised or settled, and the current standing of all litigation involving the town or any of its interests.
Section 3. The selectmen shall annually in March, after final adjournment of the annual town meeting, appoint a reg- istered voter of the town, who is a member of the bar in good standing, to serve as town counsel for the term of one year from the first day of April following and until his successor is appointed and enters upon the performance of his duties. They shall likewise fill any vacancy in said office for the un- expired term, and may employ special counsel to assist the said town counsel whenever, in their judgment, necessity therefor arises.
Section 4. It shall be the duty of the town counsel to conduct the prosecution or defense of claims, actions and pro- ceedings to which the town is a party, and the prosecution of actions or proceedings by or on behalf of any town officer, board or committee as such; to conduct the defense of any action or proceedings brought against any town officer, board or committee as such when the selectmen, having determined that any right or interests of the town are or may be involved therein, shall so request; to conduct proceedings brought by or against the assessors before the board of tax appeals; to as-
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sist in the prosecution of complaints for violation of any By- Law of the town, when requested so to do by the board or officer enforcing the same; to examine and report upon titles to all land to be acquired by the town; to prepare or approve contracts, bonds, deeds and other legal instruments in which the town is a party or in which any right or interest of the town is involved; to appear at any and all hearings on behalf of the town whenever his services may be required; and gen- erally to advise and act for the town officers, boards and com- mittees upon and in legal matters touching the duties of their respective offices.
ARTICLE X RECORDS AND REPORTS
Section 1. All officers, boards and committees of the town, shall cause records of their doings and accounts to be kept in suitable books. Said books shall be kept in their respective places in the town offices, and shall not be removed therefrom. Said books shall, unless otherwise provided by law, be open to public inspection at any reasonable time, but shall remain during such inspection under supervision of the officer, board or committee having custody thereof.
Section 2. All officers, boards, standing committees and special committees of the town having charge of the expendi- ture of town money shall annually report thereon in writing in such manner as to give the citizens a fair and full under- standing of the objects and methods of such expenditures, referring however, to the report of the town accountant for statements in detail of receipts and payments, and may make therein such recommendations as they deem proper. Such reports shall be submitted to the selectmen for inclusion in the annual town report on or before the fifteenth day of January of each year.
Section 3. The annual town report shall contain, in ad- dition to the reports of officers, boards and committees as here- inbefore provided, a detailed report of all moneys received into and paid out of the town treasury in the financial year next preceding, showing separately payments made from the proceeds of loans as capital outlays for permanent improve- ments; the report of the collector of taxes, of receipts, pay- ments and abatements; statements of all funds belonging to the town or held for the benefit of its inhabitants, a statement of the liabilities of the town on bonds, notes, certificates of indebtedness or otherwise, and of indebtedness authorized but not incurred, and the purpose thereof; a statement of trans- fers made to or from any appropriation; abstracts of the records of the meetings of the town held since publication
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of the last annual report; and such other matters as the said report is required by law to contain, or as may be inserted by the selectmen under the discretion granted them by Law.
ARTICLE XI TOWN SEAL
Section 1. The town seal shall include thereon the words "Southbridge, Mass. Incorporated February 15, 1816" and the words "The Eye of the Commonwealth" as shown on the at- tached sample. Said seal shall be kept in the custody of the town clerk.
G
INCORPORATE C
ASS
e
FEB. 15. 1816
THE EYE
EALTH
TH
CO
ARTICLE XII STREETS AND SIDEWALKS
Section 1. No person shall place or maintain any sign, awning, canopy, shade or frame for the same, in or over any street without first obtaining a permit from the selectmen so to do. In no case shall any sign, awning, canopy, shade or frame, be less than seven feet above the sidewalk, nor extend into the street beyond the line of the sidewalk. The select- men may require a bond to insure performance.
Section 2. No person shall allow any gate or door be- longing to premises under his control, and adjoining any public way, to swing on, over or into said public way.
Section 3. No person shall place or cause to be placed in any of the public streets or squares, or upon any public side- walk, without first obtaining a written permit from the se- lectmen therefor, any wood, lumber, coal or other obstruction.
Section 4. No person shall sweep, rake or throw, or place any rubbish or other like substance upon any sidewalk or
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street in the town, except in containers for the sole purpose of collection by employees or agents of the town during des- ignated periods of collection.
Section 5. No person shall coast upon any sidewalk or upon any street, except at such times, and in such places as may be designated by the selectmen.
Section 6. No person shall distribute, display, place or cause to be distributed, displayed, or placed, any posters, handbills, placards, signs, notices or similar material in or upon any sidewalk, street, public building or other public property in the town without first obtaining a permit from the Selectmen or from the Chief of Police acting under authority delegated by the Selectmen.
Section 7. No person shall in any manner injure any of the drinking fountains or public grounds of the town, nor shall throw or place any substance into the same or into any of the public waters of the town.
Section 8. No person shall play upon any musical in- strument, or form any public gathering in any street or pub- lic place in the town without a written permit therefor from the selectmen.
Section 9. No person, except the Selectmen, Highway Department, and Sewer commissioners in the lawful perform- ance of their duties or those acting under their orders or those who are otherwise properly authorized, shall break up or dig in any street or public way in the Town without first obtain- ing a written permit from the Selectmen which permit shall state the regulations under which such excavation and restora- tion shall be done. All persons acting under such a permit, shall put up, erect, and maintain a suitable railing or fence around the part of the street so excavated so long as the same shall remain unsafe and inconvenient for travelers, and, he or they shall keep suitable lights attached to such railings or fence, or in some other way exposed every night from sunset until sunrise till the work is completed. The work or excavation done, under said permit, must be in accordance with such regulations and upon the completion of said work, the surface of said street or way shall be promptly restored as specified in the permit.
Section 10. Whenever a department of the town is about to construct or repair any street or way, it shall before be- ginning the work, give reasonable notice of such intention to other departments and corporations affected thereby and to all abutting owners. After such notice has been given and work completed no department, corporation, or person shall for a space of one year break up or disturb the surface of
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said street or way within the area so constructed and repaired except in the case of emergency.
Section 11. The selectmen upon the recommendation of the Town Engineer may order numbers to be affixed to or to be painted on the buildings on any street as they deem proper. The owner of every such building shall comply with said order within ten days thereafter.
Section 12. Any person who intends to repair or take down any building on land abutting on any way which the town is required to keep in repair and intends to make use of any portion of said way for the purpose of placing thereon building materials or rubbish, shall give notice thereof to the selectmen. Thereupon, the selectmen may grant a permit to occupy a portion of said way to be used for such purposes as in their judgment the necessity of the case and security of the public require; such permit, in no event to exceed a pe- riod of more than ninety days, shall contain such conditions as the selectmen may require; sufficient lights shall be so placed from sunset to sunrise as to protect all travelers from injury.
Section 13. The selectmen may, before granting such permits, require such persons to furnish a satisfactory bond to save the Town harmless from any damages that may arise from such obstructions in the street and to insure the faith- ful compliance with the conditions of said permit.
Section 14. No person shall erect, set up or maintain any fence, portico, roof, platform, or doorstep extending into or over any public highway or street.
Section 15. No person shall stop, or cause to stop a ve- hicle or carrier, in or on any public street so as to obstruct public travel; and no person shall stop or cause to stop a ve- hicle or carrier upon or across any crossing in any street or highway in the town.
Section 16. No person shall drive, wheel, or draw any cart, bicycle, wheelbarrow, handcart, wagon, except children's carriages or shopping carriages drawn by hand, upon any sidewalk in the town.
Section 17. No person shall break, remove, deface or otherwise injure any marker or bound which marks a street, line or public way or town land.
Section 18. All streets, hereafter laid out or accepted by the town as a street or public highway, shall be, at least forty (40) feet in width, unless otherwise determined by the select- men, and shall not be accepted unless a plan showing in de- tail the location and proposed grade of such way is placed
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on file with the Town Clerk seven days, at least, before the date of the town meeting at which the acceptance of such way as a street or public highway is requested and unless the sur- face of such way has been put in condition reasonably safe for public travel, conforming to the grade set forth in said plan by the land owner or owners proposing the acceptance of such street or way.
Section 19. No person shall extinguish any street light, nor extinguish or remove any light placed to denote an ob- struction or defect in any street or way, without proper au- thority.
Section 20. Any truck or vehicle carrying waste paper or other material to the public dump or any other destination shall cover or bind or secure the load against being scattered in any street or public way.
Section 21. No person shall, in any street or way, throw stones, snowballs, sticks, or other missiles, nor play ball, kick a foot-ball, nor play any other games which interfere with the free, safe and convenient use of said street or way by any person traveling or passing along on same.
Section 22. No person shall hoist any material from any street or sidewalk into a building adjoining same so that said material by being hoisted shall overhang any part of the street or sidewalk without first obtaining a permit from the Chief of Police.
Section 23. No owner or tenant of premises abutting upon brick, concrete or other curbed or finished sidewalk, shall place or suffer to remain for more than seven hours be- tween sunrise and sunset, any snow or ice upon such side- walk, unless such snow or ice is covered with sand, sawdust or ashes, to prevent slipping. Such snow or ice may be re- moved from the sidewalk to the street, provided however, that the same is spread evenly at the time of removal and all adjoining hydrants cleared.
Section 24 .- No person shall loiter or remain on any side- walk or street after being directed by a police officer to move on. Three or more persons shall not remain in a group or near each other on any sidewalk or street, or in any doorway or entrance in such manner as to obstruct a free passage for pedestrians or vehicles after a request to move on made by a police officer.
Section 25. No person shall direct any harmful or of- fensive, derisive or annoying actions or words to any other person who is lawfully in any public place, nor deride, of- fend, or annoy such person or prevent such person from pur- suing a lawful occupation.
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Section 26. The selectmen shall have control of the pub- lic streets, sidewalks and grounds of the Town for all purposes of public gatherings, and no public assembly or parade on such places within the Town shall be permitted unless a writ- ten permit stating the time, place and purpose of such event has been issued by the Selectmen or by the Chief of Police acting under authority delegated to him by the Selectmen.
Section 27. It shall be unlawful for any person, firm, or corporation; either as principal, agent, or employee, to play, use, or operate for advertising purposes, or for any other pur- pose whatsoever, on or upon the public streets, alleys, side- walks, or thoroughfares in the town of Southbridge, any de- vice known as a soundtruck, loudspeaker or sound amplifier, or radio or phonograph with a loudspeaker or sound amplifier, or any other instrument known as a calliope, or any instru- ment of any kind or character which emits therefrom loud and raucous noises and is attached to and upon any vehicle oper- ated or standing upon said streets or public places aforemen- tioned, unless a written permit stating the time, place and purpose of such event has been issued by the Selectmen or by the Chief of Police acting under authority delegated to him by the Selectmen.
Section 28. From November 15 through March 15 of each year between the hours of 2 A. M. and 6 A. M. there shall be no parking for a period longer than one-half hour on those portions of those streets which have parking meters, and on those streets or portions of those streets which are designated by the Board of Selectmen or the Chief of Police as follows: On the odd-numbered days of the month (first, third, fifth, etc.) parking shall be only on the side of the streets which have odd-numbered house numbers; on the even-numbered days of the month (second, fourth, sixth etc.) parking shall be on the side of the streets which have even-numbered house numbers. Those streets or portions of streets so designated shall be published in a local newspaper at least 3 times within the 2 weeks next preceding such effective date. Any vehicle in violation of this By-Law may be removed at the order of the Selectmen or the Chief of Police or their authorized repre- sentatives, and both the owner and operator of any such ve- hicle shall be liable to the town of Southbridge for a fine of not more than $5 provided that, if the vehicle is removed for the purpose of snow removal, a towing charge of not more than $5 and any reasonable storage charge may also be im- posed.
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ARTICLE XIII TRESPASSING FOR IMPROPER PURPOSE
Section 1. No person shall enter upon private property for the purpose of or with the intent of looking in the window or door of any private dwelling. Any person observed violat- ing this By-Law by an officer authorized to serve criminal process, if unknown to such officer, may be arrested with- out a warrant and kept in custody until he can be taken before a court having jurisdiction of the offence.
ARTICLE XIV SOLICITORS, JUNK DEALERS, HAWKERS AND PEDLERS
Section 1. No person shall carry on the business of a keeper of a shop or yard for the purchase, sale or barter of junk, old metals or second hand articles, or sell, solicit or of- fer for sale on or in any public place or way or from house to house in the Town of Southbridge unless he is duly licensed therefor by the Selectmen and in accordance with the rules and regulations established by them.
ARTICLE XV RUBBISH
Section 1. Within forty-eight (48) hours after being noti- fied in writing by the Chief of the Fire Department that rub- bish, ashes or waste matters have been permitted to accu- mulate upon property owned or occupied by the person noti- fied, to an extent liable to cause or spread fire, said owner or occupant so notified shall cause to be removed such rubbish, ashes or waste matter.
ARTICLE XVI PENALTIES
Section 1. Except when otherwise provided by law, prosecutions for offenses under the By-Laws of the town may be made by any constable or police officer of the town.
Section 2. Whoever violates any provisions of the Town By-Laws or refuses or neglects to obey any order of the Board of Selectmen issued under these By-Laws and directed to him and properly served upon him, shall in cases not other- wise provided for, forfeit and pay for each offense a fine not exceeding Twenty ($20) Dollars.
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ARTICLE XVII TOWN GOVERNMENT
Section 1. Representatives of each elected or appointed committee of the Town of Southbridge shall meet in March and September of each year to discuss mutual problems af- fecting the government and management of the town. The dates of such meetings shall be established by the selectmen.
ARTICLE XVIII WIRING REGULATIONS
Section 1. No person shall install wires, conduits, ap- paratus, fixtures or other appliances for carrying or using electricity for light, heat or power within, or connected to any building, without first notifying the Inspector of Wires, in writing, of the proposed installations.
Section 2. No wire, appliance or apparatus shall be cov- ered or enclosed without first notifying and obtaining per- mission to do so from the Inspector of Wires. Said notification to be in his hands at least 24 hours before said work is cov- ered or enclosed.
Section 3. No person or corporation shall do any elec- trical construction work, whether original work or alterations, without obtaining from the Inspector of Wires a written per- mit to do such work.
Section 4. The above Sections shall apply to all new construction and changes in existing construction in private dwellings and other buildings the owners of which do not regularly employ the full time services of a licensed elec- trician.
Section 5. The Inspector of Wires is hereby authorized to enforce the rules and regulations as contained and provided in the current edition of the "National Electric Code" of the National Board of Fire Underwriters, for the installation of Electric Wiring and Apparatus, and in accordance with the provisions and requirements therein contained.
Section 6. Whenever in the opinion of the Inspector of Wires, any electrical conductors or appliances used for the distribution or consumption of a current, or electricity for light, heat or power purposes are in a dangerous condition, he is hereby authorized to cause the current to be shut off, if the existing defect is not remedied within a reasonable time after written notice has been given to the owner or user of such defective conductor or appliance.
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Section 7. No meter shall be installed without a written permit from the Inspector of Wires.
Section 8. Penalties for violation of any of the above Sections shall be in accordance with Massachusetts General Laws Chapter 166 Section 32 as amended.
ARTICLE XIX PLUMBING REGULATIONS
REGISTRATION AND NOTICES
Section 1. After acceptance of the following plumbing regulations all persons who desire to engage in, carry on or work at the business of plumbing within this jurisdiction shall be registered or licensed by the State Examiners of Plumbers, in accordance with the provisions of Chapter 142, General Laws.
Every Plumber before commencing work in a building shall first, except in the case of the repair of leaks, file at the office of the Board of Health, upon blanks provided for that purpose, a notice of the work to be performed; and no such work shall be done in any building except in accordance with plans, to be submitted, if required, which shall be approved by the inspector of plumbing and a permit issued therefor. Per- mits to perform plumbing shall be issued to master plumbers only. Permits may be recalled if the conditions are violated. No septic tank shall be installed without a permit from the inspector of plumbing, for which a fee of 50 cents may be charged.
SEWAGE DISPOSAL
Section 2. The plumbing of each building shall have an independent connection to a public sanitary sewer outside of building, unless in the opinion of the Board of Health a separate connection is not feasible. If a public sanitary sewer is not available the sewerage shall be discharged into a cess- pool or into a septic tank with an overflow into a cesspool or into a subsurface distribution system, the plans of which must be approved by the Board of Health before the connec- tion is made.
DRAINAGE SYSTEM
Section 3. Drain and connecting ventilation pipes, vents and back air pipes shall be of sufficient size, and made of ex- tra heavy cast iron pipe coated with hot tar or asphaltum if under ground, and if above ground shall be made of extra heavy cast iron pipe, lead pipe or of not less than iron size brass or copper pipe (or of copper tubing type K or L, with
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sweat type fittings) within the building. Galvanized fittings and galvanized pipe may be used on vents. Connections be- tween screw pipe and fittings shall be made with pipe and fittings of the same material, where practicable. Recessed fit- tings shall be used on drainage pipes and connections between such fittings and pipes shall be made with sharp tapered threads, and an approved pipe joint compound. No slip joints, unions, or flanges shall be used on the threaded wastes or vents except that slip joints may be used on inlet side of trap to connect fixtures. Where other than hub and spigot pipe is connected to cast iron hubs the joint shall be made by means of a caulking sleeve.
Lead pipe shall be of the following diameters and weights:
Diameter (inches)
Weight (pounds per foot) 3 4
Diameter
Weight
11/2 2
4
(inches) (pounds per foot) 3 6 8
Lead bends and traps shall correspond to the above weights. Brass sleeves for connecting lead and cast iron pipes shall be extra heavy, at least 1/8 of an inch thick and made of cast red metal. Brass solder nipples for connecting lead and threaded pipes shall be either cast red metal or seamless iron size brass or copper pipe, size and weight corresponding with pipe to be connected. In connecting lead pipe together or to brass caulking or soldering nipples, full sized wiped joints shall be used. Cleanouts, plugs, stoppers or any other fittings used in drainage system shall correspond in weight and mate- rial with above description.
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