USA > Massachusetts > Middlesex County > Arlington > Town of Arlington annual report 1922 > Part 4
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Sec. 6. On all questions submitted for the consideration of the Town Meeting there shall be a roll call when requested, in writing, by twelve or more legal voters present at the meeting.
Sec. 7. When a question is under debate, motions shall be received to adjourn, to lay on the table, the previous ques- tion, to postpone to a certain time, to commit, or to amend; which several motions shall have precedent in the order stated. The first three shall be decided without debate.
Sec. 8. A motion to reconsider any vote must be made before the final adjournment of the meeting at which the vote was passed, but such motion to reconsider shall not be made at an adjourned meeting unless the mover has given notice of his intention to make such a motion at the session of the meeting at which the vote was passed. There can be no reconsideration of a vote once reconsidered, or after a vote not to reconsider. No article in the warrant shall again be taken into consideration
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after it has been disposed of unless ordered by vote of two- thirds of the voters present.
Sec. 9. The duties of the Moderator, and the government of the Town Meeting, not specially provided for by law, or by the foregoing rules, shall be determined by the rules of practice contained in Cushing's Manual, so far as they are adapted to the condition and powers of the Town.
ARTICLE 3 SELECTMEN
Section 1. The Selectmen shall have the general direction and management of the property and affairs of the Town in all matters not otherwise provided for, so far as permitted by law.
Sec. 2. The Selectmen may appear, either personally or by Town Counsel or by Special Counsel duly employed by them before any Court, Committee of the Legislature, or any Federal, State, or County Board of Commissioners, or other tribunal to protect the interests of the Town, but they are not author- ized hereby to commit the Town to any course of action. They shall have authority as agents to institute, prosecute and defend suits and claims against or involving the interests of the Town, and to settle same when, in their judgment upon advice of counsel, such settlement is for the best interests of the Town.
Sec. 3. All Boards and officers shall make an annual report covering each year and forward same to Selectmen not later than January 15, of the following year.
ARTICLE 4
TOWN CLERK
Section 1. The Town Clerk shall have the custody of the Town Seal.
Sec. 2. All conveyances under seal, which may hereafter be executed by the Town, pursuant to a vote of the Town, or otherwise, shall be sealed by such seal and subscribed by a majority of the Board of Selectmen.
Sec. 3. The Town Clerk shall make a full index of all
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reports and prepare a report upon the vital statistics of the Town for publication in the Annual Town Report.
Sec. 4. It shall be the duty of the Town Clerk to immedi- ately notify in writing all members of committees who may be elected or appointed at any town meeting, stating the business upon which they are to act and the names of the persons com- posing the committees.
Sec. 5. It shall be the duty of the Town Clerk, immedi- ately after every town meeting, to furnish the Auditor and the Board of Assessors with a statement of all appropriations made by the Town at such meeting, and the purpose for which such appropriations were made and the manner of raising the same. He shall also notify all boards, officers and committees of all votes passed at any town meeting in any way affecting them.
Sec. 6. It shall be the duty of the Town Clerk to properly record, file, and index all contracts, agreements, releases, bonds, deeds and all other papers and documents in any way affecting the interests of the Town when filed with him, and all such papers and documents unless otherwise required by law, shall be so filed by all boards, officers and committees at such time as the work to which such papers or documents pertain, shall have been completed.
ARTICLE 5 TAX COLLECTOR
Section 1. All taxes shall be payable not later than the fifteenth day of October in each year, excepting poll taxes, which shall be payable upon commitment to the collector, and which he shall proceed to collect fourteen days from date of demand.
Sec. 2. The collector shall collect all taxes, including moth assessments, and apportionments of sewer, street betterment and sidewalk improvements, levied in any year, before June 15, of the following year. Interests from October 15 shall be charged on all taxes remaining unpaid after November 1, of the year in which they are assessed.
Sec. 3. The collector shall pay the treasurer each week, all money received during the preceding week.
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Sec. 4. The collector of taxes shall hold no other elective Town Office.
ARTICLE 6
TREASURER
Section 1. The Town Treasurer shall have the custody of all funds belonging to the Town, except funds for which other provision is made by law, and he shall pay no money other than State and County Taxes and interests on Town Notes, except upon warrant signed by the Town Auditor; said warrant to state the amount of the account, to whom payable, and the account to which the same is chargeable.
Sec. 2. All contractors doing work for the Town where. the amount involved is in access of one thousand dollars, shall file a bond with the Treasurer to guarantee the faithful per- formance of the contract and specifications.
Sec. 3. The Treasurer shall have custody of all receipted bills, notes, bonds and other vouchers for his payments.
Sec. 4. The Town Treasurer shall hold no other elective Town Office.
ARTICLE 7
AUDITOR
Section 1. The Town Auditor shall examine all bills pre- sented against the Town, see that they are correctly computed, that they have the approval of the board, officer or committee contracting the same, that they are in proper form, indicate the account to which they are chargeable, and, if there are available funds, shall transmit the same with his warrant to the Treasurer. In case of any error or informality he shall make note of the fact and return the bill or demand with his objections to the board, officer or committee presenting the same, for correction.
Sec. 2. The Auditor shall keep a set of books, wherein shall be entered the amount of each specific appropriation. He shall, when any appropriation has been wholly expended, immediately make a report of that fact to the Selectmen and to the board, officer or committee, under whose direction the work for which the appropriation was made is carried on. The
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Auditor shall furnish all boards, officers and committees such information pertaining to the financial condition of the appro- priation made for such boards, officers or committees as they may require.
Sec. 3. The Auditor shall make monthly statements to the Selectmen of the conditions of the various appropriations made by the Town, setting forth the amount of each appro- priation, the amount of reimbursements, if any, the amounts expended, and the balance on hand to the credit of the appro- priation. He shall furnish such other financial statements as the Selectmen may, from time to time, require.
Sec. 4. The Auditor shall examine the books of the Treasurer, Collector and all other boards, officers or committees holding funds or trust funds for the benefit of the Town, and at each annual Town meeting shall report, in detail, under their respective heads, all the receipts and expenditures of all boards, officers and committees of the Town for the previous year.
ARTICLE 8 FINANCE COMMITTEE . OF TWENTY-ONE
Section 1. The Finance Committee of Twenty-one shall be composed of twenty-one voters, three from each of the seven precincts of the Town, and shall be appointed by the Moderator from nominations submitted to him by the Town Meeting Members in the several precincts, within thirty days from the date of the annual Town Meeting. Of the first committee appointed under this by-law, one-third shall be appointed for three years, one-third for two years, and one-third for one year, and annually thereafter one-third shall be appointed for three years.
Sec. 2. No voter holding either elective or appointive Town office and no Town employee shall be eligible to serve on the Finance Committee.
Sec. 3. The committee shall consider all articles contained in any warrant and make recommendations, in print if possible, prior to each Town Meeting. It shall also make such general suggestions, criticisms or recommendations as it may deem expedient.
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Sec. 4. The committee shall have full power to make transfers from the reserve fund.
Sec. 5. All boards and officials of the Town shall submit to the Finance Committee their estimates for the ensuing year in budget form, not later than January 20 of each year.
Sec. 6. The Committee shall have power and authority to examine the books and records of any Town Board or official, so far as the same is permitted by law.
Sec. 7. The committee shall have power to elect its own officers, and to fill vacancies upon a two-thirds vote of the remaining members.
ARTICLE 9
PUBLIC WAYS
Section 1. Any person intending to erect, repair, or demolish any building on any land abutting on any street or way which the Town is required to keep in repair, and who desires to make use of any portion of said street or way for the purpose of placing thereon building materials, or rubbish, shall give notice thereof to the Board of Public Works. The Board of Public Works may grant a written permit to occupy a portion of said street or way subject to the following condi- tions in each case, and to any others that in the judgment of the said Board may seem necessary :
(a) No permit to remain in force more than ninety days.
(b) During the period beginning one-half hour after sunset to one-half hour before sunrise such material or rubbish shall be sufficiently illuminated and indicated so as to effectu- ally warn persons using such street or way.
(c) A substantial railing or guard shall be maintained around such material or rubbish as long as it remains an obstruction.
(d) If such material or rubbish remains as an obstruction for a period of more than one week a good temporary walk shall be built around said obstruction and upon the removal of the material and temporary walk, the street or way shall be restored to the satisfaction of the Board of Public Works.
(e) A written agreement or bond, in the discretion of the Board of Public Works, shall be executed by the party to whom
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the permit is issued to indemnify and save harmless the Town against and from all damage, cost or expense it may suffer or be put to, by reason of any claim for damages or by reason of any proceeding, on account of the existence of such obstruction.
Sec. 2. No person shall use any portion of any street or way as described in the preceding without the written permit of the Board of Public Works; or having such a permit, without complying with its provisions.
Sec. 3. No person shall move or assist in moving any building more than ten feet high and fifteen feet wide over any street or way which this Town is obliged to keep in repair with- out the written permit of the Selectmen first being obtained, or having obtained such permit, without complying with the restrictions and provisions thereof. This section shall not apply to the transportation of small or portable type buildings, when carried upon trucks or other suitable vehicles provided the weight is not sufficient to cause damage to said street or way, or the height of such building above the ground when loaded such as to cause damage to or interference with the overhead property of any person, firm or corporation if the same is being lawfully maintained.
Sec. 4. No person shall permit any horses, cattle, swine, sheep or goats under his care to feed by the roadside, to go upon any sidewalk, or to run at large.
Sec. 5. No person shall operate any vehicle excepting children's carriages upon any sidewalk.
Sec. 6. No person shall behave himself in a rude or dis- orderly manner, or use any indecent, profane or insulting language in any public place in the Town, or near any building therein, or remain upon any sidewalk, or upon any part of another's property to the annoyance or disturbance of any person.
Sec. 7. No person shall intentionally frighten a horse on any public way.
Sec. 8. No person shall throw snow-balls, stones or other missiles, play at any game in which a ball is used, or fly a kite in the public ways of the Town.
Sec. 9. No person shall loiter in any street, or on any sidewalk or in any other public place in the Town after being
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directed by a police officer to move on, nor shall obstruct the free use of any public way or sidewalk, nor shall habitually congregate with others on such ways or sidewalks nor shall build a bonfire thereon.
Sec. 10. No person shall post, affix, or in any way attach any poster, handbill, notice, advertisement or placard to or upon any post, wall, fence, building or structure without per- mission of the owner or his agent.
Sec. 11. No person shall write, paint, mark, stamp or cut any symbol, notice or advertisement upon or into any wall, fence, post, sidewalk, tree, building or structure without the permission of the owner or his agent.
Sec. 12. No person shall place or cause to be placed any- thing in or upon any public way or sidewalk and allow it to remain for more than fifteen minutes after being notified by a policy officer to remove same, except as provided in Section 1 of Article 9.
Sec. 13. No person shall coast or skate on any street or sidewalk where same has been forbidden by the Selectmen.
Sec. 14. No person shall fasten any animal to any tree standing in any public way or place, or allow an animal under his care to in any way injure such tree.
Sec. 15. No person shall sing, play on or operate any musical instrument in any public way, or solicit, or receive compensation therefor from bystanders or the public, without first having obtained a license from the Selectmen, who are hereby empowered to grant such licenses, with such restrictions as they may deem necessary.
Sec. 16. No person shall harangue or address the public in any public way, or solicit, or receive compensation without first having obtained a license therefor from the Selectmen, who are hereby empowered to grant such licenses, subject to what- ever restrictions they may deem necessary.
Sec. 17. No person shall establish or maintain in any part of any public way any awning or shade, the lowest part of which is less then seven feet above such public way.
Sec. 18. No person shall make any excavation in any public way, or remove any earth, or gravel therefrom, without first having obtained the written permit therefor from the
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Board of Public Works. No person shall deposit or sweep rubbish onto any public way.
Sec. 19. No person shall distribute papers, circulars or advertisements through the Town in such manner as to create a disturbance or litter.
Sec. 20. No person, except an officer or employee of the Town, shall disturb, overhaul, or interfere with the contents of any barrel or other receptacle containing ashes or other refuse material which has been set out to be carried away by an employee of the Town.
ARTICLE 10 BOARD OF HEALTH
Section 1. Every building hereafter erected on a public street, court or passage-way in this Town, in which there is a public sewer, shall unless otherwise ordered by the Board of Health, be required to be connected by a good and sufficient particular drain with said sewer.
Sec. 2. No permanent privy vault or cesspool shall here- after be constructed in this Town without a permit from, and in accordance with the rules and regulations of the Board of Health.
Sec. 3. No person shall throw, or put into, or upon any public or private way, public enclosure or grounds, bodies of water, streams or brooks in this Town any decayed animal or vegetable matter, or other refuse whatsoever.
Sec. 4. Upon the death, removal or recovery of a person ill with any communicable disease, the immediate family of such, or, if in a lodging or boarding house, the proprietor thereof, shall cause the room or rooms occupied by such person to be disinfected in a manner satisfactory to, and in accordance with the rules and regulations of the Board of Health.
Sec. 5. No boiler or other vessel in which water is heated or stored for domestic purposes shall hereafter be installed or replaced, nor shall any device for heating water for same be connected thereto until a permit has been granted by the inspector of plumbing therefor; and no water shall be turned on until the same, with properly set and approved safety devices shall have been passed by the inspector of plumbing.
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ARTICLE 11
CARE OF BURIAL GROUNDS AND LOTS
Section 1. The Town will accept and forever hold in trust any money or securities which may hereafter be deposited with the Town Treasurer for the perpetual care, preservation, improvement, or embellishment of any public or private burial place, or any lots or graves therein, agreeably to the provisions of the statutes of the Commonwealth.
Sec. 2. The Town Treasurer is authorized to enter into agreement in behalf of the Town with the holders of burial rights in any lot in the cemeteries of the Town to keep forever such lot, and the structures and grass thereon, in good and neat condition, so far as the same can be done by an expenditure not exceeding the income from any sum of money, or not exceeding the income from any securities, which such holder may have deposited with the Town Treasurer for said purpose.
Sec. 3. Money and securities received under the provi- sions of the preceding section shall not be mingled with other money or securities of the Town, but shall be kept and invested separately as a cemetery fund, and unless otherwise specifically provided for in the terms of the gift, the income only shall be used.
ARTICLE 12 MISCELLANEOUS
Section 1. Bathing. No person shall bathe or swim in any public or exposed place in the town without wearing a proper covering for the body.
Sec. 2. Billboards. No person, corporation or association shall erect or maintain within the town any billboard, sign or other outdoor advertising device, having a surface area of more than fifty square feet, within three hundred feet of any highway or town way, and within public view therefrom, except as pro- vided in Section 32 of Chapter 93 of the General Laws; pro- vided, however, that nothing herein contained shall prohibit a sign or device which advertises or indicates either the person occupying the premises in question or the business transacted thereon, or advertise the property of any part thereof as "For Sale" or "To Let."
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This by-law is established under Section 29 of Chapter 93 of the General Laws and shall take effect immediately upon its approval by the Division of Highways of the Department of Public Works of the Commonwealth of Massachusetts.
Sec. 3. Dogs. No person shall own or keep any dog which by biting, barking, howling, or in any other manner disturbs the peace and quiet of any neighborhood, or endangers the safety of any person.
Sec. 4. Firearms. No person shall, except in the per- formance of some legal duty, discharge any firearms, or any air gun within the limits of the town, except by permission of the Board of Selectmen.
Sec. 5. Fireworks and firecrackers. No person shall set off, explode, or cause to explode any fireworks or firecrackers within the town except under such regulations as the Selectmen may prescribe.
Sec. 6. Beggars and Solicitors. No person shall go from house to house within the town, begging or soliciting alms or contributions for any person, cause or organization without having first recorded his name and address with the Chief of Police and furnished such other information as may be requested of him. The Chief of Police shall thereupon, if satisfied of the honesty of the applicant, issue a permit which shall state that said person has duly registered and is entitled to go from house to house for the purpose specified.
Sec. 7. Junk Dealers and Collectors. The Selectmen may license suitable persons to be dealers in and keepers of shops for the purchase, sale, or barter of junk, old metal, or second- hand articles in the town. They may also license suitable per- sons as junk collectors, to collect, by purchase or barter, junk, old metals, and second-hand articles from place to place in the town; and they may provide that such collectors shall display badges upon their persons or upon their vehicles, or upon both, when engaged in collecting, transporting or dealing in such material; and may prescribe the design thereof. They may also provide that such shops, and all articles of merchandise therein, and any place, vehicle, or receptacle used for the collection or keeping of the articles aforesaid, may be examined at all times by the Selectmen or by any person by them authorized thereto.
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Every person engaged in the purchase, sale or barter of junk, old metal, or second-hand articles, within the limits of the town, shall keep a book in which shall be written, at the time of every purchase of any such article, a description thereof, the name and residence of the person from whom and the day and hour when such purchase was made. Such book shall at all times be open to the inspection of the Selectmen and of any person by them authorized to make such inspection. Every person so engaged, keeping a shop, shall maintain in a suitable and conspicuous place on his shop a sign having his name and occupation legibly inscribed thereon in large letters. Such shop, and all articles of merchandise therein, may be at all times examined by the Selectmen or by any person authorized by them to make such examination. No keeper of such shop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any of the articles aforesaid of a minor, knowing or having reason to believe him to be such; and no articles purchased or received by such shop- keeper shall be sold until at least ten days from the date of its purchase or receipt have elapsed.
ARTICLE 13 WIRE DEPARTMENT
Section 1. There shall be an Inspector of Wires appointed annually by the Joint Board of Selectmen and Public Works in accordance with Chapter 166, Section 32 of the General Laws. Sec. 2. The installation and maintenance of all wires shall be under the supervision of the Inspector of Wires, and all wires and structures supporting or carrying the same, and all devices connected thereto shall be in accordance with the then latest edition of the National Electrical Safety Code or the "National Electrical Code" and such other rules and regulations as are necessary in order to prevent or abolish any hazardous condition.
Sec. 3. Every corporation or person proposing to place wires designed to carry a current of electricity for light, heat or power purposes within a building shall give notice thereof to the Inspector of Wires before commencing any work. This
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notice shall indicate the general character of the proposed installation and the number, rating and kind of current con- suming devices to be connected. Upon receipt of such a notice a permit for the commencement of the work as described shall be issued by the Inspector of Wires, if all legal requirements have been observed.
Sec. 4. No conduit, either within or connecting two buildings, or any wiring within or between two buildings to be used in connection with the distribution of current for light, heat, or power shall be covered over until a written permit therefor has been issued by the Inspector of Wires, and such permit posted in a conspicuous place on or within the building so wired.
Sec. 5. The wiring of any building for light, heat or power, will not be approved until the installation of all fire stops and all metal piping for any purpose whatsoever, whether or not covered with an insulating material, has been accepted by that department of the Town having jurisdiction.
Sec. 6. No person, firm or corporation shall connect to any source of electrical supply any wiring to be used for the distribution of electricity for light, heat or power purposes until written permission to do so has been given by the Inspector of Wires.
Sec. 7. Whenever, in the opinion of the Inspector of Wires, any electrical conductors or appliances used for the distribution or consumption of a current of 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.
Sec. 8. No two lines of poles bearing conductors of a like class may be erected on any street, avenue or square, and no two lines of poles may be erected on the same side of any street, avenue or square. Poles shall be set in the sidewalk not less than ten inches from the outer side of the curb line and shall not be located within less than ten feet of any lamp post or any other pole, except when they are designed to carry wires on streets running at an angle to each other, nor less than four
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