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HomeMy WebLinkAbout1941 BY-LAWS TOWN OF MUTCHENADOFTED BY THE TOWN AND AP~ltOVE1) BY THE ATTOIlNEY-~I~I~ER~-L REVISED 1941 BY-LAWS OF THE TOWN OF METHUEN ADOPTED BY TI~'E TOWN AND APPROYED BY THE ATTORNEY'GEN'ER$I' REVISED 1941 _&rticl~ INDEX OF BY-I~AWS TOWN OF METHUEN 1. Town Meeti~g- 2. Selectmen 3. Town Com~se~ 4. Assessors 5. Town Collector 6. Official Acts P~oh~bited 7. C~ertain Acts P~ohibtte~l 8. Water l;fain Extensions 9. Advisory Boaxd 10. Plannhag Board 3 5 7 8 8 9 10 11 12 14~ BY=LAWS OF: TH£ TOWN OF: FIETHUEN ARTICLE I -- TOWN MEETING Section I. The ann'ual town meeting f, or the ek~ction of town offloers and for other purposes shall bc he, Id annually tho first Monday in March. Section II. Attested copies ,of all warrants shall be 19ostcd by the Ooastable of the T:own in some lmblie place in each precinct ,of the town. seven days ~t least bet:ore the da5, of the meeting. Section HI. All articles bo be iaser~ed in the Town Warrant for the Annual Town Meeting shall be filed in the office of the Town Clerk before the day of tlm ann,ual election of offle- ers, within the time fixed by the Board o~ Selectmen. The Se]eetnmn shall immed[ztely draw up said war- rant and cause a copy bo he mailed to each member of the Advisory Committee. There shall be appeJaded to each artie~ fluaerted fn the warrant, the recommendations of the Advisory Gom- mi:~tee relative thereto. Section iV. Town Meeting Members of each precinct shall as- semble at designated meeting places i,n their ~peetive pre- einets during the w~'k pmeedirg wa~d~n meeting to discuss the articles in the town warrant t,o be acted upon at such meeting. O--n,~.~c.~ The sense of the Town Meeting shall be taken by Yeas and Nays whenever required by twenty of the ;.~wn meeting members present. When the Yeas and Nays are taken the roll ~of the town meeting members shall be called in alphabetical order and no town meeting' member shall be I allowed to vote who was not on the floor before the vote is .d(~elared. Section VI. At a town meeting no vote shall be reconsidered at the ,session thereof when the same was passed, except upon motion made ~vithin one hour cf ~he adoption of such zute, unless ordered by the vote o~ two-flfirds of th~' voters pre- seat and votia~g 'thereon. No vote passed at a ~mvn meeting shall be reconsider- ed at any adjourned session the~of 'unless notice be given at the meeting that a motion to reconsider ~viI1 b¢ made a't such adjourned 'sessi:on thereof, or un.less ~oti(~ be givm~ '~o lbe Town Clerk of a purpose to make such a motion fo,.' a recons/dcration ~t the adjourned session ,of such meeting. Such notice $o be filed in thc office of the Town C~erk i,n su~cient tSane to allow him to mail to e;aeh town me.;ting member a notice of the proposed mconsider~tion, at least twen'ty4our hours before the time of such adjourned ~a- sion. It shall be the duty .of the Town Clerk t.o mail such no, rice. No vote passed at a Town Meeting shall be recon- sidered a't any ad,i.e~rned mss'ion thereof unless ordered bY a ,ete of two-thir& of the voters prescott and voting lbere- on. Section V/I. No article in thc warrant shall be considered out of its ,numerical order except by a two-thirds vo;e of the mem- bers present. ARTICLE II -- SELFL'TMF_.N~ ~qeetion I. The Selectmen shall ham full authority as ,agents of 'the Town to insti[u~e and prosecute suits in the name. of ths Town, and to appear and defend suits brought against it, except when it is othenv/se spec/ally ordered by :: vote of ~he Town, or it is otherwise provided by Statu~e. Section II. Whenever it shall be ~e~ssary to execute any deed or instrument requixed to carry in~o effect any vote of the Town, the same shall be executed by the Selectmen, or a majority thereof ix behalf of the Town, un]ess the Town shall ot.herwise vot~ in any special ease or it is other- wise provided by Statute. Any person or corporation excavating public streets or ways for sewers, water pipes, condui.is or ,-my other pur- pose not provided ~or in the building ordin:mee shall, be- fore starting work, apply in writing on form.~ provided [or ~he purpose to the Selectmen for a pexmit for the same. Such person shall execute and deliver to the Selectmen au indemnity bond satisfactory lo them against all damages and loss to the town therefrom, and fur the performance ~f th(; work in accorda~ce with said permit and for the payments herea, fter set f~rth. kll excavations shall be filled in ~ directed by and to the atisfaction of the Highway Surveyor, except that on streets having paved and vitrolithie surfaces; such stu~£aces shall b~ filled in and finished by the ffighway Depax~mont. Either the owner or applicant as determined by the Selec~- men, shal~ pay .to the town the cost of the same, such pay- me~ to be credited to the Highway Department. No such permit to °~'eavabe any public st~eet in order to enter any common sewer shall be granted until all sewer assess~eaxts ,er charges levied against or impend upon the premises shall have beea paid by such applicant so £ar as the same are due and payab~ Any person off,~nding against any of thc provision of the by-Iow shal'l foribit and pay for each offense a fine of mot less than five or more than twen'ty dollars. Section IV. All persona] property of the Town not im exoeas of $400.00 i~a value wlfich is in charge og any boaxd, .officer, deuartmmt, or under the control of the Selectmen ma,¥ be sold or disposed of by said board, officer or department when it is deemed advisable. Section V. The Board of Selectmen shall annually appoint an at- torney-~t-law to act as {own counsel, who shall hold office t:or one yeax from the first day of ~pril, and until his suc- cessor is appointed. He shall r~,ceive such eomper~sation as the Town shall determine. ARTICLE III -- ~1 OWN COUNSEL The Town Omnsel shall dm~t all bonds, deeds, leases, c. bligatior~s, eonveyances, and other legal fnstnmtents, ~nd do every professional act wh, fch may he requ/red by him of vo~e of the ~own or head of any del0artmen.[. When re- quhed by any board or any commit:tee of ~the Town, he shall ~tm~i.sh a written opinion on any legal question that --7-- may be submitted 'to him and shall ,~t all times furnish legal advice to any officer of the town who may reqaire his epiaion urea any subject concerning the duties incum- Imnt upon such officer by virtue of his office. He shall, p~,omcute all salts ordered to be brought by the Town, or Board of Selectmen and shall appear at any (Y, urt in the Commonwea}th in defense of all actions or suits brought against the To~vn or its offlesr,q in their ticial capaei, ty. He shall try .and argue any and all hearings on ~- half of the Tovon whenever his services may be required. ARTICLE IV -- ASSESSORS &,etlon I. The Assessors shall from time ~o time designate num- bers for buildings on ,streets or ~vays in the Town and may require ,thc owners thereof to indicate such numbers on their buildings, within ten days after notice is g~ven. Section H. Any street ac~pt~:l by the Town shall be designated by such name or munber as may bc approved by the As- ARTIC~ V -- TOWN COLLECTOR Tile Collector of Taxes shall oolleet ~mder the *itle of Town Coilector all aecounts receivable of the Town includ- ing those of the Water I)eparta~ent~ OFFICIAL ACTS PROHIBITED Section I. No Town Official shall m&e arty purcham or enter i~o any contract on behalf ~ the Town with any firm or cmq0oratfon of which he is a member m' i,n wkieh he has any financial in,~emst. Section II. No p~rchase or contract for purcham of apparatus. materials, er supplie~q or contract for a~y co~struction ~ork involving ~ es~ed expenditure o~ $2~).00 or more shall ~ m~le or awarded (except in c~es o~ ~tmme ~ergency, which fact shah ~ ~rtified ~n writing by the ~d of ~- lec~ma) b~ or in ~half ,of the To~ cr by any depart- me~t thereof unless proposals for the same shall have b~n invi~d by sui~abIe advcrt:~ments thereot in at least ,one nc;vs~per pnbl~ed or having a genera~ circulation in the To~. ~biication of any such advertk~ment W be made a~ least t~r~ days ~Iore the day sta~d Sar opening of bi~s. All bids or proposals submit'ted shall be opened in public and 'the proposed contract shall be awarded t,o the ]owest responsible biddcr: provided, howevcr, that no,thing' herein contai~ed shall bar in any ease tim rejection of all bids m~d calt for new propo~ls upon like public advertise- The fair infonet and purpose ,of this by-law shall not be defeated or avoided by the purchase or ncmking of any contract for purchase of m~terials or suppl/es in .qmali quaw lilies. Whoever violates any prov/sion of this by-law shall upon conviction thin, of be punished by a fine of not mom them 'twenty dellars for each offense, to be recovered for the benefi't of the Town, as provided in Section 21 of C2.apter 40 of the General Laws. ARTICI,E VII C~RTAIN ACTS PROHIBITED Section I. No person shall remain assembled on ,~ny sidewalk in front of a~r church, dwelling house, or other building so as 'to obstruct passage Mong the some, or to /mpede or annoy other persons. Section IL No person shall ride, drive, dra~v or push any cart, bicycle, barrow, sled or ~ehiclc on any sidev/alk of lhis Town excepl children's carriages drawn by hand. Section 1Ii. No pea~on shall (x~st or slide gown hills upon ~ny sled, board, or other vehicle on any street, sidewaJk or pub- lie way of the Town, exempt upon streets, or portions there- of, designated for .~he purpose by the Selectmen, ~nd (luring such periods of time as shall be approved by the Selectmen. Section IV. No person shall pasture cattle or other animals, either w,i~h or without a keeper, upon any of the street~ or ways in the Town, provided that this bydaw shall not affect the right of any person ~o the use of the land within the lhni'ts of ~x~ch way adjoirdng his own premises. Section V. No person shall keep Ashes in any wooden vessel in .any building s_itnated withh~ one hundred feet of any build- ing oi~ buildings belonging to any other person. Section VI. No eanployee of the Town shal~l be required ~o carry or haul ashes from any dwelling house or other building in ~he Town, in any container the eatire weight of which shall exceed ,one hundred and twenty-five p~unds. Section VII. No person shall be a collector of, or a dealer in, junk, old metals or second-hand articles, or a keeper of a shop for the l~urchase, sale or barter of junk, .old metals or sec- ond-hand articles unless licensed therefor by the Selectmen. Each license shall continue in force until the first day o£ May then ne:~t ensuing unless sooner revoked. Section VI~. Whoever violates any of the sections of this article shall be punished by a fine of not more than twenty dol- la.rs. All wa*er main extensions mas* g~uarantco ~an. nual return ,of the east of construction for a period of twenty yeats, or un'til the regular yearly income received from the exertion equa/s the ~ per-cen't guara~t(m. ARTICLE IX -- ADVISORY COIvIMITTEE Section I. Them shall be an Advisory C~mmittee consisting of three registered yours fix)m each precinct, other thegn Town Officers elected by ballot, to hold offi~ for the term of three years. Upon the ac[option of ~his by-Mw thc Medexator shall appobrt one member of said committee from each precinct who shall scr~e without pay ~or the term ,)f three yeaxs, one member then~of for the term of two years, one ~nember thereof from each m-ecinct for the term 1of one year, all from the first day of November, 1921, and until his succes- sor is appointed. Thereafter the Moderator at. the annual Town Meeting shall appoint one member thereof from each precinct to serve on said connnittee for the term of three v~rs and un, til his successor is appointed; s~id committee shah choose its own officers; any vacancy therein shall b~ filled by the Moderator for the unexpired term. Section II. The Advisory Committee shall have thc authority at any time' to examine and investigate the books, accounts and management of any department of the Town and em- ploy such expert and .other assistance as it may deem ad- vi_sable f~r that purpose The books and accounts of aH departmerts and offic- ers of the Town shall be open to the inspect,ion .of said committee and, under its direction of any person empl, oyed by i't; said committee may make reeommendat;ioas to such departments and officers and ;o the Town Meeting Members. ,Section II/. The various town officers, boards and conrnittees charged with expenditures of tine Town's money are each directed annually to prepare .x detailed estimate of thc amounts necessary for his or their departments f, or the en- suing year. They shall add explanatory statements as to any change from the amount appropriated for the same 'p~ar- po~e in 'the preceding year. Said officers shall also prepare estimates o~ any income which may be received by the Town, on account of their departmen,t, during the ensuing year. The ~st~mates and explanations shall be filed with the Town Aceou,n,tant not less than ten days before the end of the Town Financial year. The Town Accountant shall forth- with compile the same i,n tabulated form and add thereto two columns: one g:iving the amounts appropriated, and the other the amounts expended in 'the preceding year. The Treasurer shall inc}ude in his estimates the a- mo~mts necessary for the pa~anent of interest on the Town debt and the amounts neeessax'y for tim paymen'ts of such portion.s of the Town debt as may become due during the succeeding year. The Town Aeeom~tan,t shall furnSsh to'each member of the Advisory Oommit~ee, a copy of such es~ima~e~ and exptar~t/ons as have been filed wi'th him in accordance with the lerms of 'this by-lam. The Advisory Committee shall at once consqder 'the estimates, and shall then add an6ther colnmn giving the amounts which in their opini,on should be appropriated in the ~iven case, for the ensuiaag year. Said Advisory Committee shall also add thereto such explanations and sug'gestior;s, as they may deem expedient, relative to 'the p~oposed alq)rol~riati,ons. The documents .or estimates, when completed, shall be returned to the Tewn Clerk in sufficient time to enable him to have the same printed and distributed, together with the warrant for the annual Town Meeting', to each Town Mee'ekng Member, at least seven days b'efore the annual ejection. ARTICLE X -- PLMqNING BOARD Section I. A Planning Board is hereby established trader the provisions of General Laws (Ter. Ed.) Chap:~er 41, Senti.on 8lA (Acts of 1936) Chapter 211, to consist of five members to be elected by balbt at :the Annual Town Meeting in March, 1939, and thereafter in accordance with the l.,rovi- sions of the statute. Section II. The duti~ of such bmrd shall be such a~ are stated in Chapter 41, Seelions 70 t~ 72, of the General Laws. and 2mrther to eonsidex and advise upon municipal improvements either at the request of other officials of the Town or upon i, ts own initiative. It shall consider and develop a Town Plan, with spe- eial attention t¢ main ways, ]and development& zoning, playground, and parks and si.tes for permanent scBool plan'ts. The Board shall meet at regular intervals. It may hold public meeting-s. It shall at all times have access to public docuumnts er information in the posmssion of any Town official .or del:artmcnt. It sMll examine, the plans for the exterior pi any public building, monument or shni- lar feature, and fm· the development ~oxl treatment of the grounds ~abvu~ the s~me before the adoption thereof, and ma.v make such ~ecormnenda~ticns thert~n as it may deem needful. It may provide for public lectures and other edu- cational ~vork in eonnecti,on with its meemr~nda~9ns. It may incur exp~nscs necessary ~o the carrying on pi its work withfl~ the amount of its annual appropriations. Se. etOn III. No street shall be proposed for acceptance at any Town Meeting mfless such proposed action shall have been submit,ted 1o and approved by the Planning Board a~ l~t four months prior [o the da~ of the m~ting. Tha foreg~u~ing bylaws ha~e been 4u17 a4apted by the ~wn of Methuen, app~xl by tl~ At~rmy-Gencral Massach~etts and publ~l~d a~ordb~g to l~v. A tru~ copy. A~test:-- Town Cl~rk 15 f~ %I'm rut 9se of inv~din: t~ ~tion ~. Vio!::ions of this b-L~ ~ f~.ne of ~;L l,:~s~ tha~ ~2.,:.C~ for ~ch