USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1904-1906 > Part 63
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SEC. 3. Whoever shall move or assist in moving, any building more than ten feet high, over any way in this Town, which this Town is obliged to keep in repair, without the written permit of the Selectmen first being obtained, or having obtained such permit, shall not comply with the restrictions and pro- visions thereof, shall forfeit and pay the sum of twenty dollars for every such offense.
SEC. 4. Whoever shall suffer horses, goats, or grazing beasts, or swine to run at large in this Town, or to feed by the roadside, either with or without a keeper, shall forfeit and pay the sum of five dollars for every such offense.
SEC. 5. Whoever shall drive or draw any coach, cart or wheel-barrow, handcart, velocipede, bicycle, or any carriages of burden or pleasure (except- ing children's carriages drawn by hand, or children's velocipedes), upon any Sidewalk in the Town, or permit any horse, cattle, swine, sheep or goats, under his or her care, to go upon any sidewalk in the Town, so as to interfere with the convenient use of the same by all passengers, shall forfeit and pay a sum of not less than two dollars, or more than twenty dollars for every such offence.
SEC. 6. Whoever shall behave himself in a rude or disorderly manner, or use any indecent, profane or insulting language, in any public place in the Town, or near any dwelling house, or other building therein, or be, or remain upon any sidewalk, or upon any doorstep, portico, or other projection of any house or other building, not his own, to the annoyance or disturbance of any person, or by any noise, or other means, wantonly and designedly frighten any horse in any street, or other public place in the Town, or shall throw stones, snow-balls, sticks or other missles, or kick at foot-ball, or play at any game in which a ball is used, or fly any kite in the public ways in the Town, shall forfeit and pay for each offence, not less than three dollars, and not more than twenty dollars.
SEC.7. No person shall saunter or loiter in any street or other public place in the Town after being directed by a police officer to move on, obstruct the free passage of foot travellers, habitually congregate with others, loaf or make bonfires thereon. Whoever violates any provision of this section shall be punished by a fine not exceeding ten dollars for each offence.
SEC. 8. Whoever, posts, affixes, or in any way attaches any poster, hand- bill, notice, advertisement, or placard to or upon any post, wall, fence, building or structure, not his own, without permission of the owner, or pro- prietor of such post, wall, fence, building, or structure, shall forfeit and pay for each offense, not less than three dollars, and not more than twenty dollars.
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SEC. 9. Whoever paints, draws, or stamps any letter, notice, figure, advertisement, or marks.upon or into any wall, fence, post, tree building or structure, not his own, without permission of the owner of such wall, fence, post, tree, building or structure, or without said permission mars, defaces, or disfigures in any way such wall, fence, post, tree, building or structure, shall forfeit and pay for each offence, not less than three dollars, and not more than twenty dollars.
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 coast- ing 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, or wrongfully injure or abuse such tree in any manner; and whoever violates the provisions of of this section, shall forfeit and pay not less than one dollar, and not more than ten dollars.
SEC. 13. The Selectmen may license suitable persons to sing, play or per- form on a musical instrument in any public way or place and to solicit or receive compensation therefor from by-standers or the public. No person shall sing, play or perform on a musical instrument in any public way or place or solicit or receive compensations therefor from by-standers or the public without first having obtained a license therefor from the Board of Selectmen.
Whoever violates any provision of this section shall be punished by a fine not exceeding five dollars for each offence.
SEC. 15. No person shall in any street ride upon the steps or any portion of a street railway car or other vehicle, without legal right or the permission of the person in charge thereof. Whoever violates any provision of this section shall be punished by a fine not exceeding five dollars for each offence.
[Adopted by the Town March 27, 1906, approved by the Attorney General of the Commonwealth May 8, 1906.]
[Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, adopted by the Town March 9, 1882 and approved by the Superior Court March 11, 1882.] Section 7 of this article was amended by the Town March 27, 1906 and the amendment was approved by the Attorney-General of the Commonwealth May 4, 1906. Sec- tions 13 and 15 of this article were adopted by the Town March 27, 1906, and approved by the Attorney-General of the Commonwealth May 4, 1906.]
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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 100 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 a 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 manufacturing 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.
SEC. 6. No person, except an officer or employee of the Town, and for some public purpose or use, shall disturb, overhaul, or interfere with the con- tents of any barrel, or other receptacle containing ashes, or other refuse materials, which has been set out to be carried away by the Agents of the Town. Whoever violates any provision of this section shall be punished by a fine not exceeding five dollars for each offence.
[Sections 1, 2, 3, 4, 5, adopted by the Town Nov. 9, 1882 approved by the Superior Court, Nov. 11, 1882. Section 6, adopted by the Town, March 26, 1906. Approved by the Attorney General of the Commonwealth, May 4, 1906.
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 truaut.
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SEC. 2. Any child convicted of offending under the preceding law, shall be committed to the Institution of Instruction and house of Reformation of Juvenile Offenders, in the City of Lowell, for such time not exceeding two years, as the Court of Justice having, by law, jurisdiction, 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, forbear to prosecute, so long as such pledges are faithfully observed and kept.
SEC. 5. All children between the ages of seven and fifteen years, wander- ing 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 48 of the Public Statutes.
[Sections 1, 2, 3, 4, 5, adopted by the Town Nov. 9, 1882. Approved by the Superior Court, Nov. 11, 1882.]
ARTICLE XII.
No person shall bathe or swim in Spy Pond or in any public or exposed place in the Town, without wearing a proper covering to the body.
[Adopted by the Town Nov. 9, 1882. Approved by the Superior Court Nov. 11, 1882.
ARTICLE XIII.
SECTION 1. No person shall blast any rock or other substance with gun- powder, or other exposive material, at any place within fifty rods of any pub- lic 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 permission of the Board of Selectmen.
SEC. 5. The Selectmen may license suitable persons to be collectors of, dealers in, or keepers of shops for the purchase, sale or barter of junk, metals or second hand articles. No person shall be a collector of, dealer in, or keep a shop for the purchase, sale or barter of junk, old metals, or second-hand articles, unless licensed by the Selectmen.
SEC. 6. The Selectmen may license suitable persons to nse wagons for the collection of junk, metals, rags or second-hand articles. No person shall use a wagon for the collection of junk, metals, rags or second-hand articles, unless licensed by the Selectmen, and unless such wagon shall bear con- spicuously the owner's name and the number of the license on the outside and
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on each side, and unless the wagon is driven by a person designated in the license ; but such person designated may be changed with the permission 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.
SEC. S. 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 obstruct 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 team or carriage upon or across any cross- walk in any street or highway in the Town.
Any person who shall violate any provision 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 offense a fine not exceeding twenty dollars.
[Sections 1, 4, 7, 8, adopted by the Town Nov. 14, 1895 and approved by the Superior Court April 2, 1896. Sections 5 and 6 adopted by the Town March 27, 1906 and approved by the Attorney General of the Commonwealth May 4, 1906.]
SEC. 9. Every hawker or pedler shall have his name and the number of his license printed on any vehicle or receptacle in which he shall carry or ex- pose his wares for sale. Such name and number shall be printed in letters and figures at least two inches in size.
Tlie Selectmen may license suitable persons to ring bells, cry their wares or call in any street for the purpose of giving notice of the exercise of a business or calling or for the sale of any article.
No person unless duly licensed by the Board of Selectmen so to do shall ring a bell, or cry his wares, or call in any street for the purpose of giving notice of the exercise of a business or 'calling, or for the sale of any article, and no person shall use in a public street for such purpose a horn or other noise- making instrument, except a bell as aforesaid.
[Adopted by the Town March 27, 1906, approved by the Attorney General of the Commonwealth May 4, 1906.]
ARTICLE XIV.
Prosecutions for offences under these by-laws may be made by any Con- stable or Police Officer of the Town, and all fines shall be paid into the Town Treasury.
[Adopted by the Town Nov. 9, 1882. Approved by the Superior Court Nov. 11, 1882.]
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.
[Adopted by the Town Nov. 9, 1882. Approved by the Superior Court Nov. 11,1882.]
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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 dutics imposed on him by law, to make statements to the Selectmen, at regular intervals during a financial year, of the conditions of the several departments 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 avail- able 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 Audi- tors 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 there- for, signed by the Auditor.
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 as 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 Sclectmen.
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 appropriations made by the Town.
[Adopted by the Town Nov. 24, 1902, approved by the Superior Court Dec. 8, 1902.]
ARTICLE XVII.
The Treasurer shall hold no other Town office.
[Adopted by the Town Nov. 24, 1902, approved by the Superior Court Dec. 8, 1902.]
Arlington, Mass, January 21, 1907.
I, Thomas J. Robinson, Town Clerk of the Town of Arlington, do hereby certify and take oath that the foregoing is a truc copy of the by-laws which
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were duly passed at a duly called meeting by virtue of proper and authorizing articles in the Warrant, and the approval of the Attorney-General of the Commonwealth.
IN WITNESS WHEREOF, I, the above named Thomas J. Robinson, do hereto affix my signature and the seal of the Town of Arlington.
THOMAS J. ROBINSON, Town Clerk.
BY-LAWS RELATING TO THE CONSTRUC- TION 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 buildings 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 recommendations 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 therein, 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 pre- scribed 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 alterations 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 intention 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, ยท or alteration above described, of any building after he has carefully inspected the plans, specifications, or descriptions thereof, and ascertained that it has sufficient strength, and that means of ingress and egress and of preventing spread of fire are sufficient, and that it otherwise conforms to the by-laws of the Town.
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SEC. 5. The foundations of all buildings for dwelling, business or manu- facturing 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 buildings not exceeding three stories in height may be so built, with the approval in writing of the Select- men. The foundation of all such permanent 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 briek 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 exceed- ing 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, extending 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
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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, However, 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 public meet- ings, shall be constructed of brick or stone, and have slate, mnetal or con- position 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.
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