USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1904-1906 > Part 32
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SEC. 10. Whoever shall place or cause to be placed upon any of the public ways of the Town, or shall place or cause to be placed upon any public way, footpath or sidewalk within the Town, any lumber, iron, coal, trunks, bales, boxes, crates, casks, barrels, packages or other things, or shall otherwise obstruct such way by placing things therein, for more than fifteen minutes after being notified by a Constable, Police Officer, or the Selectmen, shall forfeit and pay for each offence, not less than two dollars, and not more than five dollars.
SEC. 11. Whenever complaint shall be made to the Selectmen that coasting on any street or sidewalk in the Town, has become dangerous to the public safety, they may post up a notice in some conspicuous place on the side or corner of any such street or sidewalk, forbidding all persons to coast upon the same; and if any person shall be found coasting upon the same after such notice, he shall forfeit and pay not less than one dollar, and not more than five dollars.
SEC. 12. No person shall tie or fasten any horse to, or have the same standing by any ornamental or shade tree in or near any of the streets, lanes or places of this Town, so near as to injure any unprotected tree,
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or wrongfully injure or abuse such tree in any manner; and whoever violates the provisions of this section, shall forfeit and pay not less than one dollar, and not more than ten dollars.
ARTICLE X.
PUBLIC HEALTH.
SECTION 1. No person shall drive, or cause to be driven, any cart or wagon containing night-soil or offal, or any cart or wagon used for that purpose, through any public way in the Town, between the hours of six A.M. and nine P.M., except an odorless tank, nor permit any such wagon or cart to stand, between said hours, in any street, lane or alley in said Town.
SEC. 2. No person shall keep any swine within a distance of fifty feet of any public way or place, or within a distance of one hundred feet of any dwelling house not his own, or within a distance of twenty-five feet of his own dwelling house. No person shall, after January 1, 1902, keep within the limits of the Town, more than five swine, exclusive of offspring less than four months old of said five swine. Whoever violates any of the provisions of this section shall be punished by fine not exceeding twenty dollars for each offence.
SEC. 3. No person shall put or suffer to accumulate on his premises, any refuse, animal or vegetable matter, rubbish or filth, whereby any offensive or noxious stench or effluvia shall be created, and the health or comfort of the citizens be injuriously affected, or shall throw any such substances into the ponds, streams or brooks of the Town, or shall allow the contents of any vault or house drain, or the refuse of manu- facturing or slaughtering process to drain into such ponds, streams or brooks.
SEC. 4. No person, without the license of the Board of Selectmen, shall throw into, or leave in, or upon any street, court, square, lane, alley, public square, public enclosure, vacant lot, or any pond or body of water within the limits of the Town, any dead animal, dirt, manure, oyster, clam or lobster shells, ashes, cinders, waste paper, rubbish or filth of any kind, or any refuse animal or vegetable matter whatever.
SEC. 5. No vehicle used for collecting or conveying swill or house offal, shall be drawn over, or allowed to stand upon any sidewalks in this Town.
ARTICLE XI.
TRUANTS AND ABSENTEES.
SECTION 1. Any child between the ages of seven and fifteen years, who shall absent himself from the public school to which he is assigned, three times, within the period of one month, without sufficient excuse from his parent or guardian, shall, in each case, be deemed to be an habitual truant.
SEC. 2. Any child convicted of offending under the preceding by-law, shall be committed to the Institution of Instruction and House of
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Reformation of Juvenile Offenders, in the city of Lowell, for such time not exceeding two years, as the Court of Justice having, by law, juris- diction may determine.
SEC. 3. The said Institution of Instruction and House of Reformation of Juvenile Offenders, in the city of Lowell, is hereby provided as the place for the confinement, discipline and instruction of habitual truants.
SEC. 4. It shall be the duty of every truant officer, before making any complaint for offences under these by-laws, to notify the offending child and his parent or guardian of the offence committed, and of the penalty thereof, and if the truant officer can obtain satisfactory pledges for the restraint and reformation of the child, he may, in his discretion, for- bear to prosecute, so long as such pledges are faithfully observed and kept.
SEC. 5. All children between the ages of seven and fifteen years, wan- dering about in the streets and public places of this Town, having no . lawful occupation or business, not attending school, and growing up in ignorance, shall be punished by a fine not exceeding twenty dollars, or by commitment to any institution of instruction, house of reformation, or suitable situation, provided for the purpose under the authority of the tenth section of chapter 48th of the Public Statutes.
ARTICLE XII.
No person shall bathe or swim in Spy Pond, or in any public or ex- posed place in the Town, without wearing a proper covering to the body.
ARTICLE XIII.
SECTION 1. No person shall blast any rock or other substance with gunpowder, or other explosive material, at any place within fifty rods of any public way or building, without a written permit from the 'Board of Selectmen, specifying the terms and conditions on which such permit is granted.
SEC. 4. No person shall, except in the performance of some legal duty, discharge any firearms upon or across any public park, play ground, street or way, within the limits of the town, except by permis- sion of the Board of Selectmen.
SEC. 5. No person shall be a dealer in, or keep a shop for the pur- chase, sale or barter of junk, old metals, or second-hand articles, unless licensed by the Selectmen.
SEC. 6. No wagon shall be used for the collection of junk, metals, rags, or second-hand articles, unless licensed by the Selectmen. Every such wagon shall bear conspicuously the owner's name and the number of the license, on the outside and on each side. Every license shall desig- nate the person employed to drive such vehicle. Such driver shall not be changed without the consent of the Selectmen.
SEC. 7. It shall be the duty of the Town Clerk to keep a record of the name and residence of every peddler licensed by the Town.
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SEC. 8. No person shall permit any team under his care or control to stand across any public highway or street in such a manner as to ob- struct the travel over the same, and no person shall stop with any team in any public street at the side of or near to another team as to obstruct public travel, and no person shall stop with any teanı or carriage upon or across any cross-walk in any street or highway in the Town.
Any person who shall violate any provisions of these by-laws, or who shall refuse or neglect to obey any order of the Board of Health, duly issued under these by-laws, and directed to him and properly served on him, shall, in cases not otherwise provided for, forfeit and pay for each offence a fine not exceeding twenty dollars. (Note. This paragraph comprises the whole of Article XIII, as approved November 11, 1882.)
ARTICLE XIV.
Prosecutions for offences under these by-laws may be made by any Constable or Police Officer of the Town, and all fines shall be paid into the Town Treasury.
ARTICLE XV.
Upon the approval of the foregoing by-laws by the Superior Court, all by-laws heretofore existing, except the by-laws relating to the Public Library, the Cemeteries and the Fire Department, shall be annulled and repealed. (Note. This Article was approved November 11, 1882.)
ARTICLE XVI.
SECTION 1. Beginning with the year 1903, only one Auditor shall be elected. It shall be the duty of the Auditor, in addition to the duties imposed on him by law, to make statements to the Selectmen, at regular intervals during a financial year, of the conditions of the several depart- ments of the Town; to inspect all bills presented against the Town, see that they have the approval of the board or committee contracting the same, and are in proper form, indicate the account to which they are chargeable, and if there are available funds, shall transmit the same with his certificate to the Treasurer, and draw a warrant authorizing payment thereof; to examine the books of the Treasurer, Collector, Water Board, Sewer Department, and all departments holding funds or trust funds for the benefit of the Town and report at the next annual Town Meeting in detail, under their respective heads, all the receipts. and expenditures by the Town for the previous year. Said report shall be printed by the Selectmen with the annual reports of the Town Officers before the annual meeting. Said Auditor shall receive for his services such compensation as the Town shall determine. The term of the present Auditors shall terminate with the annual Town Meeting of 1903.
No money, except State and County taxes and principal and interest of Town notes, shall be paid from the Town treasury without a warrant therefor, signed by the Auditor.
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All promissory notes of the Town shall be signed by the Treasurer and countersigned by the Selectmen.
On the first secular day of each month, and often as the amount in his hands reaches five hundred dollars ($500) or upwards the Collector shall pay over to the Treasurer of the Town all taxes by him collected, and shall on or before the first secular day of January in each year, make up his annual account, and render the same to the Selectmen.
The Treasurer shall, on the first secular day of January, annually render to the Selectmen, in writing, a full account of all his receipts and disbursements for the financial year last past.
At the conclusion of any Town Meeting the Town Clerk shall send to the Auditor a certificate stating the amounts of the several appropria- tions made by the Town.
ARTICLE XVII.
The Treasurer shall hold no other Town office.
BY-LAWS RELATING TO THE CONSTRUCTION OF BUILDINGS IN THE TOWN OF ARLINGTON.
[Approved by the Superior Court, April 22, 1901.]
SECTION 1. An Inspector of Buildings shall be appointed annually by the Selectmen during the month of March, and he shall continue to hold his office until his successor has been appointed and qualified. He shall not be interested in any contract or engagement for furnishing labor or materials or plans for the construction or alteration of any building in the Town. Until such time as the Town makes an appropriation for the salary of such Inspector, the Board of Selectmen shall perform the duties of the office.
SEC. 2. The Inspector shall have free access to and examine all build- ings in course of construction, alteration and repair and see that all by-laws of the Town in relation thereto are complied with, and when necessary, shall take proper measures to secure compliance. He shall make an annual report of his work to the Selectmen, with such recom- mendations as he may deem best. Upon hearing that any building is in a dangerous or unsafe condition, he shall examine it and if he deems it necessary, shall notify the owner, agent, or other party interested there- in, to make it safe and secure, and if they do not comply with his notice, he shall notify the Selectmen of the facts. He shall from time to time examine all buildings used or proposed to be used for public assemblages or for school or manufacturing purposes, to see if the State requirements as to such buildings are complied with, and in case of any non-compliance he shall at once notify the State Inspector of Factories and Public Buildings. He shall perform such other duties as may be prescribed by these by-laws.
SEC. 3. No building except sheds, outhouses and farm buildings, other than dwellings, shall hereafter be erected in the Town of Arlington, and no addition to or alteration changing the character of any such building shall be made, unless the person intending to erect or make such altera- tions in such buildings shall, seven days at least before he proceeds to build or erect the same, or lay the foundation thereof, or to make the said alterations, or to do any act for carrying into execution his inten- tion to do such things, file with the Inspector of Buildings notice in writing of his intention, with such plans and specifications or a full written description of the structure to be erected, in such form as may be approved by the Inspector.
SEC. 4. The Inspector shall give a permit for the erection of, addition to, or alteration above described, of any building after he has carefully inspected the plans, specifications, or descriptions thereof, and ascer-
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tained that it has sufficient strength, and that means of ingress and egress and of preventing spread of fire are sufficient, and that it other- wise conforms to the by-laws of the Town.
SEC. 5. The foundations of all buildings for dwelling, business or manufacturing purposes, shall be walls of masonry and piers of masonry or iron, and above a distance of twelve inches below the surface of the adjoining ground the walls shall be laid in mortar. All such wooden buildings not more than one story in height may, with the approval of the Inspector, be built wholly on piers or posts; and such wooden build- ings not exceeding three stories in height may be so built, with the ap- proval in writing of the Selectmen. The foundation of all such perma- nent buildings must rest on solid ground or levelled surfaces of solid rock, or on piles, concrete, or other solid substructure. Such foundation other than solid rock must be not less than four feet below the adjacent surface of the ground exposed to frost. All such wooden buildings shall be framed and constructed in a manner satisfactory to the Inspector, posts and girts in the exterior walls to be not less than 4 x 6 inches in size, and studding shall not be more than sixteen inches apart.
EXTERNAL WALLS.
SEC. 6. External walls of brick dwelling-houses hereafter to be erected in this Town, if not more than twelve feet in height above the foundation walls, shall not be less than eight inches thick for their entire height; if two stories, and not more than twenty-five feet in height, they shall be not less than twelve inches thick to the top of the second floor, and not less than eight inches thick for the remaining height; and if three stories, and more than twenty-five feet in height, they shall be not less than twelve inches thick to the top of the third floor, and not less than eight inches thick for the remaining height.
SEC. 7. The external walls of all brick buildings, other than dwelling houses, to be hereafter erected in this Town, if not more than forty feet in height above the foundation walls, shall be not less than sixteen inches thick to the top of the upper floor, and not less than twelve inches thick for the remaining height; and if more than forty feet in height and not exceeding sixty feet in height, they shall be not less than twenty inches thick to the top of the second floor, and not less than sixteen inches thick to the top of the third floor, and not less than twelve inches thick for the remaining height. PROVIDED, However, that the external walls of brick buildings, not exceeding twenty-five feet in height, and covering an area not exceeding two thousand square feet, to be used for stables or light mechanical purposes, may be twelve inches thick.
SEC. 8. No buildings, except a manufactory, railway station, stable, church, school-house, hotel, or hall for public assemblies, shall hereafter be erected, and no existing building shall hereafter be altered or added to, so that they have a frontage of more than fifty feet, without one or · more partition walls of brick or some other fire resisting material, ex-
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tending from the bottom of the cellar, or from a foundation wall to the under side of the roof boarding, which shall be laid and be imbedded in mortar upon said wall. Such walls shall be not more than thirty feet apart throughout the length of the building. If said wall is built of brick, it shall be not less than eight inches thick for its entire height. No existing building having a frontage of more than fifty feet, shall be converted to a use not excepted by this section, without at least one partition wall, constructed as described in this section: PROVIDED, How- ever, that any single dwelling house, intended for one family, may be extended more than fifty feet in one direction without such partition wall.
SEC. 9. All buildings hereafter erected which are to be used in whole. or in part for business or manufacturing purposes, or as places for pub- lic meetings, shall be constructed of brick or stone, and have slate, metal or composition roof-covering and metal gutters, unless permission is otherwise given by the Board of Selectmen.
SEC. 10. All buildings hereafter erected to be used as tenement houses, in excess of thirty feet in width, shall have brick partition walls on which floor beams shall rest, not less than twelve inches thick for their entire height, and extending to the under side of the roof-boarding, which shall be laid and be imbedded in mortar upon said wall. Said walls shall be not more than twenty-five feet apart. All dwelling houses shall have a fire-proof partition wall between each set of up and down tenements.
SEC. il. No wooden building to be used for a dwelling house shall exceed forty-five feet in height, and no portion of the external side-walls of any wooden building shall be placed at a less distance than five feet from the line of the lot upon which the building is to be located, or within ten feet of another wooden building, except where a brick ex- ternal wall is substituted for a wooden wall, and of a thickness pre- scribed for external walls of brick buildings. The brick walls above required shall be built twelve inches above roof-boarding and covered with stone or iron.
SEC. 12. Party walls and all partition walls of brick, in all buildings other than dwelling houses hereafter to be erected in this Town with external walls not exceeding forty feet in height, shall be not less than sixteen inches thick to the top of the second floor, and not less than twelve inches thick for the remaining height, and, in buildings having external walls exceeding forty feet in height, said walls shall be not less than twenty inches thick to the top of the second floor, not less than sixteen inches thick to the top of the third floor, and not less than twelve inches thick for the remaining height.
SEC. 13. No opening or doorway shall be cut tlirough or formed in a party or partition wall of any building, without a permit from the In- spector of Buildings, and every such doorway shall have its top, bottom and sides of stone, brick or iron, and shall be closed by two doors, or sets of doors of wood, covered with metal, with an air space between
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them of at least four inches, and said doors shall be hung in wooden frames entirely covered with metal, or to iron hinges in brick or stone rabbets.
PIERS AND COLUMNS.
SEC. 14. All piers shall be built of the best quality of good, well- burnt, hard brick, laid in cement and sand mortar and well wet when laid in warm weather. Brick piers under lintels, girders or columns of brick buildings shall have a cap iron at least two inches thick, the full size of the pier. Brick piers and buttresses shall be bonded with through courses, levelled and bedded, each course, and where their foundations rest upon piles, a sufficient number shall be driven to insure a proper support.
SEC. 15. Every pier, column, pillar or post resting on the earth shall have'a base course of stone or concrete and if supporting walls of ma- sonry, shall have for a footing course a broad leveller of granite or ledge stone, not less than twelve inches wider on all sides than the bottom area of said piers, columns, pillars or posts, and not less than twelve inches thick.
SEC. 16. Every metal column in a brick building shall rest on an iron plate of not less thickness than two inches. Wooden columns support- ing girders and floors in such buildings shall rest on inch and a half iron plates with sockets to receive the foot of the columns. Metal columns placed one on the top of another shall have a plate at the top of each column, with projections on both sides to fit into cap and base of columns, to prevent slipping; and all columns shall have holes bored when and where directed by the Inspector, into and through the shell at right angles to the shaft, so as to show the thickness of shell. All bear- ing parts of columns and plates shall be turned or planed to true sur- faces.
SEC. 17. No roof water from any building shall be allowed to flow over the sidewalk fronting it.
SEC. 18. All brick walls shall be built with proper bond, satisfactory to the Inspector, and all' intersections of walls shall be tied together with wrought iron straps every ten feet in height. Floor beams shall be anchored to brick walls on which they rest, and to each other, so as to form continuous ties across the building at least every ten feet.
SEC. 19. All floors shall be constructed to carry safely the following weights per square foot:
Dwellings 40 lbs.
Mercantile and Public Buildings 100
Storehouses - Machine Shops 200
Drill Sheds, etc. 200
CHIMNEYS AND HEATING APPARATUS.
SEC. 20. All chimneys hereafter erected shall be built from the ground, of brick, stone, or other fire-proof non-heat-conducting ma- terials, and shall be built plumb, or nearly so, so as to be self-sustain-
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ing; PROVIDED, However, that brick flues may be securely built into the brick work of the walls of the building to which they are hung, when the walls are not less than twelve inches thick; and PROVIDED, ALSO, that, upon special permission first obtained from the Inspector, other forms of sup- port may be used with such special safeguards as he may require, and pro- vided, also, that the matter of construction of chimneys in small wooden buildings other than dwelling houses, not more than one story and a half in height, shall be left to the decision of the Inspector of Buildings, but must be constructed in accordance with his instructions and to his satisfaction.
SEC. 21. All brick chimney-flues shall be built of hard burned brick and be smoothly plastered inside with mortar from top to bottom, dur- ing the course of construction, and also outside below the roofing after having been examined and approved by the Inspector of Buildings; ex- cept that exposed portions of said chimneys may be left unplastered upon the outside. Said chimneys shall be topped out with brick or stone, laid in cement, and the topping out shall not have more than two inches projection, unless the bricks are covered by a cap of stone or other non-combustible material in one piece, properly secured and ap- proved by the Inspector; and in no case shall a nail be driven into the masonry of any flue.
SEC. 22. No smoke-pipe in any building with wooden or combustible floors or ceilings shall hereafter enter any flue except at a distance not less than twelve inches from said floor or ceiling; and in all cases where smoke-pipes pass through stud or wooden partitions of any kind, whether the same be plastered or not they shall be guarded by a soap- stone ring having a thickness radial to said pipe of not less than two inches, and extending through said partition, and in cases where smoke- pipes pass through wood work of any kind in such near proximity to the brick work of the flue that the space between said wood work and flue is inaccessible, said pipe shall be guarded by a soapstone ring or thimble, or its equivalent, having a thickness of at least two inches, and extending from the outer face of said wood work to a point at least two inches within the brick work of the flue, in which it shall be firmly set.
SEC. 23. All hearths shall be supported upon trimmer arches of brick or stone, or upon bars of iron supporting a bed of brick work and shall be at least twelve inches longer than the width of the fireplace openings and at least eighteen inches wide in front of the chimney breast. Wooden centering supporting a trimmer arch shall be removed before plastering.
SEC. 24. Brick work back of all grates, fireplaces and ranges shall be not less than eight inches thick, and when it adjoins a wooden or stud partition shall have at least two four-inch walls, with at least a two-inch air space between. No wood work shall be secured to the brick work of any flue. Open fire-places shall have fire-proof foundations.
SEC. 25. (a). No furnace or range set in masonry shall hereafter be placed, or its location changed in any building, without a permit from
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