Note: All by-laws contained herein, not inconsistent with provisions of Town Manager Act (Ch. 503, Acts of 1952 as amended) shall continue in full force and effect unless otherwise provided by law, by-law or vote; all other by-laws are repealed and annulled, unless said Town Manager Act is revoked, in which case said repealed and annulled by-laws are thereby revised.

AMENDMENTS MADE AFTER COVER DATE ARE ATTACHED TO BACK OF BOOKLET

11/94 printing

INDEX OF BY-LAWS

TOWN OF ARLINGTON

Article Page

1. Town Meetings . . . . . . . . . . . . . . . .1

2. Rules for Government of Town Meetings . . . . . . . . . .4

3. Selectmen . . . . . . . . . . . . . . . . .7

4. Town Clerk . . . . . . . . . . . . . . . . .8

5. Town Treasurer's Department . . . . . . . . . . . .9

5A. Town of Arlington Scholarship Fund . . . . . . . . . . .12

6. (Deleted)

7. Comptroller . . . . . . . . . . . . . . . .16

7A. (Deleted)

7B. (Deleted)

7C. Classification and Compensation Plans and Personnel By-Law

Including Personnel Board, Vacation and Sick Leave, etc. . . . .18

8. Finance Committee . . . . . . . . . . . . . . .28

9. Public Ways . . . . . . . . . . . . . . . .30

9A. Use of Areas under Control of Park Department . . . . . . . .37

9B. Use of Areas under Control of the School Department . . . . . .40

10. Board of Health . . . . . . . . . . . . . . .42

11. Care of Burial Grounds and Lots . . . . . . . . . . .45

12. Miscellaneous

Bathing, Billboards, etc., Dogs, Peeping Tom, Firearms,

Fireworks, Beggars, Solicitors and Peddlers, junk Dealers

and Collectors, Disposal of Town's Materials, Excavations,

CATV System, Motorboats, Smoking Restricted, Filling Stations,

Hours of Operation - Retail Food & Common Victuallers,

Kennels, Rubbish Collection, Minuteman Bikeway, Removal of

Snow & Ice from Sidewalks . . . . . . . . . . . .46

12A (Deleted)

12B Yard Sales . . . . . . . . . . . . . . . . .57

13. Wire Inspection . . . . . . . . . . . . . . . .58

14. Prosecutions and Penalties . . . . . . . . . . . . .61

15. Building Laws

Building Code, Licensed Builders, Board of Examiners . . . . .62

15A. Notification of Demolition of Building by Building

Inspector to Historical Commission . . . . . . . . . .72

16. Civil Defense . . . . . . . . . . . . . . . .76

17. Council on Aging . . . . . . . . . . . . . . .78

18. Capital Planning Program . . . . . . . . . . . . .79

19. Food Vendor's License . . . . . . . . . . . . . .81

20. Repairs to Private Ways . . . . . . . . . . . . . .83

20A. Public Memorial Committee . . . . . . . . . . . . .85

21. Town Fees and Charges . . . . . . . . . . . . . .86

22. Program Budget . . . . . . . . . . . . . . .95

23. (Deleted)

24. Establishment of Data Processing Advisory Board . . . . . . .96

25. Establishment of Consolidated Data Processing Department . . . . .97

26. Creating Broadway Historic District and Enlargement . . . . . . .98

27. Establishment of Central Street Historic District . . . . . . . .104

28. Establishment of the Russell Historic District and Enlargement . . . .109

28A. Establishment of Pleasant Street Historic District and Enlargement . . .115

28B. Establishment of Mt. Gilboa / Crescent Hill Historic District . . . . .124

29. Wetlands Protection and Fee Schedule . . . . . . . . . .132

30. Placement of Dumpsters . . . . . . . . . . . . .139

31. Licenses and Permits of Delinquent Taxpayers . . . . . . . .140

32. Legal Expenses, Indemnification of Town Officials . . . . . . .142

33. Mapping Commission . . . . . . . . . . . . . .144

34. Recycling Program . . . . . . . . . . . . . . .145

34A. Recycling Committee . . . . . . . . . . . . . .146

35. Non Criminal Disposition of Bylaws . . . . . . . . . . .147

36. Consideration of Vision 2020 Goals . . . . . . . . . . .148

37. Cultural Commission . . . . . . . . . . . . . .149

38. Human Rights Commission . . . . . . . . . . . . .151

TOWN MEETING ACT (Ch.43A, G.L.) . . . . . . . . . . .159

LEGISLATIVE ACTS ACCEPTED BY THE TOWN . . . . . . .167

BY-LAWS OF THE TOWN OF ARLINGTON

Section 2. The following officers shall have the same power to address the Town Meeting as an elected Town Meeting Member, but they shall not have a vote in the Town Meeting: The Town Moderator, the Town Clerk, the Town Treasurer, the Town Manager, the Superintendent of Schools, the Chairman of the Board of Selectmen, the Assessors of Taxes, the School Committee, the Redevelopment Board, the Finance Committee, the Personnel Board, and the chairmen of all other Boards, Commissions and Committees established under the bylaws or by a vote of the Town Meeting. In the absence of the chairman of any of the foregoing, the Vice-Chairman shall have the rights of the Chairman. [ART. 12A.T.M.4/27/92]

Section 3. The Selectmen shall, before calling a Town Meeting, post a notice of their intention so to do in each precinct in the town at least five days before closing the warrant calling the meeting. A copy of the warrant for a meeting shall be posted in each precinct at least seven days before the day of the Annual Meeting, fourteen days before a Special Town Meeting, and a copy left at every dwelling house in the town previous to the day of meeting. The Town Clerk shall cause notice of such meeting to be posted in the Town Hall and to be published in at least one local newspaper.

Section 4. A record of the attendance of Town Meeting Members at all representative Town Meetings shall be made under the direction of the Town Clerk, said record to be available to the public.

Section 5. All business of the Annual Meeting, except the election of officers and matters to be determined by ballot, shall be considered at an adjournment thereof, the date of said adjournment to be determined by the selectmen and embodied in the warrant calling the meeting.

Section 6. No action shall be taken by any Town Meeting on the Report of any committee, previously chosen, unless the same shall be specified in the warrant calling said meeting.

Section 7. A complete stenographic record of the proceedings of the Town Meeting, including all discussion and debate, shall be made under the direction of the Town Clerk, said record shall be available to the public no later than sixty (60) days from the final adjournment of any Special or Annual Town Meeting. Any partial record of the proceedings of Town Meeting shall be available to the public when said record is received by the Town Clerk prior to the required time period designated under this Section.

Section 8. STANDARD METHOD FOR THE APPOINTMENT AND ORGANIZATION OF COMMITTEES [ART. 14, A.T.M., 5/9/94]

A. Scope: This section shall apply to all committees (as hereinafter defined) established by the Town Meeting, or under the bylaws, except to the extent that the vote establishing the same shall specify otherwise, or if the General Laws or Special Acts require a different method. It shall not be applicable to committees established prior to the effective date hereof, except to the extent that the Town Meeting may vote to make any one or more provisions hereof applicable to the same.

B. Definitions:

1. Appointing Authority - the person or entity having the power to appoint persons to committees. Unless otherwise specified, the Moderator shall be the appointing authority.

2. Committee - any committee, commission, board, task force or other such group however denominated.

3. Entity - a board, corporation, voluntary association, committee, commission, or other group. Unless the bylaws or a vote of such entity specify otherwise, an entity shall act by its chairman, president, or other chief executive officer.

4. Members of a Committee - registered voters of the Town, unless the vote otherwise specifies.

5. Nominating Authority - the person or entity having the power to nominate or designate one or more members of a committee. If no nominating authority is specified, the appointing authority shall also be the nominating authority.

C. Establishment: Promptly after the effective date of any vote establishing a committee, the Town Clerk shall notify the appointing and nominating authorities of the same. Within sixty (60) days of the date of such notice, the nominating authorities shall submit the names and addresses of their nominees to the appointing authority. If any one or more of them shall fail or neglect to do so, the appointing authority may appoint in place of such nominees, any registered voter of the Town.

The appointing authority shall within thirty (30) days of receiving the nominations or upon thirty (30) days of failing to receive the nominations within the time hereinabove provided, make the appointments in writing to the Town Clerk, who shall promptly notify the appointees.

D. Organization: the appointing authority shall designate one of the appointees as acting chairman, and the Town Clerk, in the course of notifying the appointees, shall instruct such acting chairman to call an initial meeting, at which the committee shall elect its officers by ballot.

E. Default: if the appointing authority shall fail to exercise the duties hereinafter set forth, then the Moderator shall act as appointing authority, and, in the event of default by the Moderator, the Town Clerk shall so act.

F. Term of Office:

1. Members shall serve terms of three years

2. Re-appointments, or appointments to fill vacancies, shall be made in the same manner as original appointments.

3. If a member has been appointed by reason of his or her status as a registered voter, his or her term of office shall cease if he or she removes from the Town.

4. If a member has been appointed by reason of his or her status as a member of an entity, his or her term of office shall cease if he or she ceases to be a member of such entity.

5. If a member shall fail to attend three (3) or more consecutive meetings of the committee, the committee may, by vote, remove such member and request the nominating authority to nominate a replacement to the appointing authority.

G. Miscellaneous: the Town Meeting by the vote establishing any committee may alter any one or more of the foregoing provisions with respect to such committee, but any provision not so altered will be in full force and effect with respect to the same. Members shall serve without compensation, but, subject to appropriation, shall be entitled to be reimbursed for their reasonable expenses incurred in connection with their official duties.

Section 1. All questions or motions submitted for the consideration of the Town Meeting shall be reduced to writing if required by the presiding officer.

Section 2. The reading of warrant articles and proposed votes related thereto shall not be required except by a motion adopted by a majority vote of those members present and voting, provided that the information and precise wording of the same has been made available, in writing, to each Town Meeting Member who may be present when the same are being considered by the Town Meeting. [ART. 13, A.T.M., 4/29/92]

Section 3. 25% of the total number of Town Meeting positions shall constitute a quorum for doing business at Town Meeting. No non-procedural action or reconsideration requiring a two-thirds vote under the provisions of any general or special law shall be taken without the affirmative vote of at least eighty-five Town Meeting Members, provided that no standing vote shall be required to satisfy the requirements of this section if (1) the Moderator declares the vote to be unanimous and (2) the Town Clerk certifies on the record that at least eighty five Town Meeting Members are present and voting. (Note: This Quorum By-Law is allowed based on a Special Law, Chapter 428 of the Acts of 1984 and supersedes the Quorum requirements of Chapter 43A Section 5.) [ART. 15, A.T.M., 5/9/94]

Section 4. No person shall speak, or otherwise hold the floor, for the first time on any subject for more than fifteen minutes, unless, prior to beginning his or her presentation, the person requests of the Town Meeting a specific extension of time, and the request is granted by a majority vote of the Town Meeting members present and voting.

No person shall speak, or otherwise hold the floor, for a second time on any subject for more than five minutes.

No person shall speak, or otherwise hold the floor, more than twice on any subject except to correct an error, without first obtaining permission of the meeting by obtaining a majority vote of the Town Meeting Members present and voting. After obtaining said permission, the person shall not speak, or otherwise hold the floor, for more than five minutes. [ART.13, A.T.M., 4/29/92]

Section 5. Every person desiring to speak shall arise, address the chair and on obtaining recognition, shall stand, while speaking, unless the Moderator otherwise directs.

Section 6. All votes, unless otherwise provided by law, shall be taken in the First instance by a "yes" and "no" voice vote. If the Moderator is in doubt as to the vote he may call for a show of hands or for a standing vote, or if five voters immediately question the vote, the Moderator shall call for a standing vote. [ART. 13, A.T.M., 4/29/92]

Section 7. On all questions submitted for the consideration of the Town Meeting, there shall be a roll call vote when requested by thirty or more Town Meeting Members present at the meeting. All roll call votes shall be recorded so as to indicate the individual vote of each Town Meeting Member who shall have voted. Said roll call votes shall be available as recorded at the Town Clerk's Office.

Section 8. When a question is under debate, motions shall be received to adjourn, to lay on the table, the previous question, to postpone to a certain time, to commit, or to amend; which several motions shall have precedence in the order stated. The first three shall be decided without debate.

Section 9. 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 voted on the prevailing side, and has given notice of his intention to make such motion at the session of the meeting at which the vote was passed. [ART. 13, A.T.M., 4/29/92] 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 after it has been disposed of unless ordered by vote of two-thirds of the Town Meeting Members present and voting. A notice to reconsider any vote must be made orally to the meeting either from the floor or announcement by the moderator that such notice has been served. [ART. 19, A.T.M., 4/27/88]

Section 10. No motion to move the previous question may be made by a person who otherwise speaks on the question. A person desiring to move the previous question must limit himself to the words "I move the previous question" or words that have the same limited effect. A person recognized by the Moderator to speak a second time on a question may move the previous question if he does not otherwise speak on the question when recognized for the second time.

Section 11. 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 rules of practice contained in Town Meeting Time, A Handbook of Parliamentary Law, by Johnson Trustman and Wadsworth, a Committee of the Massachusetts Moderator's Association, published by Little, Brown and Company, Boston, 1962, so far as they are adapted to the condition and powers of the Town.

Section 12. A Town Meeting procedures committee shall consider, recommend and report to the Town Meeting on matters related to the Town Meeting procedures. The committee shall consist of three (3) members to be appointed by the moderator for staggered terms not to exceed the length of the present Town Meeting membership term of any such member. The moderator shall fill all vacancies on the committee. The committee shall from time to time report its recommendations to the Town Meeting in accordance with the general and specific duties, charges and instructions this committee may properly receive.

Section 13. Town Meeting Members shall strive to be regular and prompt in their attendance at all sessions of the Annual and Special Town Meetings held during the terms of office for which they have been elected. Town Meeting Members shall undertake to educate themselves regarding the form, conduct and administration of the government of the Town and the rules governing the conduct of the Town Meeting. They shall seek, by their attendance at scheduled precinct meetings, at hearings on the various articles held by the Finance Committee and the Board of Selectmen, and at such other meetings as may be scheduled to provide the information, to inform themselves to the greatest extent possible with respect to all issues to come before an Annual or Special Town Meeting.

Town Meeting Members shall conduct themselves in accordance with the rules established for the conduct of the Meeting, shall demonstrate fairness, courtesy and respect for the opinions and positions of their fellow Members, and shall otherwise perform their duties and responsibilities in such a manner as to reflect credit upon the legislative and appropriating body of the Town.

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.

Section 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 authorized 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 interest of the Town. Section 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, or at an earlier date if required by the Board of Selectmen. [ART. 20, A.T.M., 4/27/88]

Section 4. Notwithstanding any other provision of the Bylaws, any member of the Board of Selectmen shall be entitled to seek the recognition of the Moderator as though he or she were a Town Meeting Member. [ART. 14, A.T.M., 4/29/92]

Section 1. The Town Clerk shall have the custody of the Town Seal

Section 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.

Section 3. The Town Clerk shall make a full index of all reports and prepare a report upon the vital statistics of the Town for publication in the Annual Town Report.

Section 4. It shall be the duty of the Town Clerk to immediately 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 composing the committees.

Section 5. It shall be the duty of the Town Clerk, immediately after every town meeting,to furnish the Town Accountant 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.

Section 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.

Section 1. The Town Treasurer shall administer the Town Treasurer's Department.

Section 2. The Town Treasurer's Department shall consist of the Tax Collection Division and the Treasury Division.

Section 3. TAX COLLECTION DIVISION

SUBSECTION A - The Town Treasurer also acts as the Collector of Taxes.

SUBSECTION B - The Collector of Taxes shall seasonably collect, under the title Town Collector, all accounts due the Town which are committed to him.

SUBSECTION C - Every department of the Town shall deliver to the Comptroller at least once in every month a separate statement of each account due the Town arising through any transaction with such department. Upon receipt of such statements of accounts, the Comptroller shall commit such accounts to the Town Collector for collection. This section shall not apply to taxes and special assessment, licenses and permits issued or granted by the various departments of the Town, nor to interest on investments of sinking or trust funds.

SUBSECTION D - Any account committed by the Comptroller which the Town Collector is unable to collect by ordinary efforts will be referred back to the department in which said account originated for further collection effort. So far as permitted by law, any account or portion thereof may be abated by the Comptroller upon recommendation by said department. In the event the account cannot be collected within a reasonable period of time and is not abated, it shall be referred by the Town Collector to the Town Counsel for appropriate legal action and the Comptroller shall be notified of said referral.

SUBSECTION E - The Tax Collection Division shall, once in each week or oftener, pay over to the Treasury Division all money received during the preceding week or lesser period on every such account, including any sums received as interest on monies received on such accounts and deposited in any bank.

Section 4. TREASURY DIVISION

SUBSECTION A - The Town Treasurer receives and takes charge of all monies belonging to the Town.

SUBSECTION B - The Town Treasurer shall pay all monies of the Town which are legally due and owing, according to the order of the Town or its authorized officers.

SUBSECTION C - The Town Treasurer shall, from time to time during the fiscal year, prepare and update a cash flow projection of anticipated receipts and expenditures and shall manage the Town's excess cash by prudently investing same to the maximum advantage of the Town as permitted by law.

SUBSECTION D - The Town Treasurer, in addition to the estimate of the amount required for the maintenance of the Town Treasurer's Department, shall also determine the amounts of interest and maturing debt to be included in the annual budget for the ensuing year. The Town Treasurer, shall also be responsible for the preparation of the Pension Funding Budget, to be prepared in accordance with current actuarial estimate of the town's pension funding liability.

SUBSECTION E - The Town Treasurer shall have custody of all paid matured notes, bonds and coupons issued by the Town and all cancelled checks issued by him.

SUBSECTION F - The Town Treasurer shall manage the Town's debt and recommend to the Selectmen a term of years for all authorized long-term debt and whether or not the Town should accept the interest rate offered for said debt prior to its issuance.

Section 5. MISCELLANEOUS

SUBSECTION A - The Town Treasurer shall prepare a financial review and report to the Annual Town Meeting regarding the financial condition of the Town. The report shall be a public record and a copy shall be filed with the Board of Selectmen in accordance with Article 3, Section 3 of the Bylaws. [ART. 27, A.T.M., 4/23/90]

SUBSECTION B - The Town Treasurer shall give bond to the Town for the faithful performance of the duties of the office in a form approved by the Commissioner of Revenue and in such a sum to be determined by the Selectmen, provided the amount of the bond shall not be less than the amount set by the Commissioner. The bond must cover all funds of which the Town Treasurer has custody. A separate bond must similarly be furnished covering the Town Treasurer's duties as Town Collector.

SUBSECTION C - The Town Treasurer may in writing appoint, with the approval of the Selectmen, an Assistant Town Treasurer - Collector of Taxes. The Assistant Town Treasurer - Collector of Taxes shall be sworn to the faithful performance of the duties of the office and a record shall be made of said appointment and oath. The Assistant Town Treasurer - Collector of Taxes shall be a citizen of the United States and a resident of the Commonwealth of Massachusetts, and shall give bond annually for the faithful performance of the duties of the office in a form approved, and in an amount determined by the Commissioner of Revenue. [ART. 36, A.T.M., 5/11/88]

Section 1. NAME The Town of Arlington Scholarship Fund, also known herein as the Chapter, a local government tax check-off "Dollars For Scholars" program, is an affiliate of Citizens' Scholarship Foundation of America, Inc. hereinafter referred to as CSFA.

Section 2. PURPOSE The purpose of the Town of Arlington Scholarship Fund is to establish and maintain a perpetual trust fund in order to expand the educational opportunities for residents of the Town who have been accepted to pursue education beyond the secondary school level by promoting the scholarship program, maintaining an operational structure, raising funds for student aid distribution and conducting an objective selection process for distributing awards on a fair, equitable and non-discriminatory basis. The Chapter shall operate in accordance with the Bylaws, legal status and procedures of CSFA which are consistent with Chapter 405 of the Acts of 1983 as amended, the General Laws of Massachusetts and the Bylaws of the Town.

Section 3. POWERS The Town is empowered to promote and encourage contributions to the scholarship fund and place a check-off box on the tax and other municipal bills. The Chapter can also raise and receive money and other property by gift, devise, subscription, dues and other legal means including the establishment of individual scholarship funds in a name specified by the Donor. The Collector of Taxes of the Town shall, at least as often as monthly, account and turn over to the Town Treasurer monies which have been checked off by the taxpayers as a contribution to the scholarship fund by increasing the amount otherwise due on the tax or other municipal bills. All monies collected as a result of the voluntary check-off shall be transferred to the Principal of the fund by the Town Treasurer. The Town Treasurer is the custodian of the scholarship fund and shall deposit, disburse and invest the funds as empowered by law. The Town Treasurer/Tax Collector shall give bond annually for the faithful performance of said duties in a form approved, and in an amount determined by the Commissioner of Revenue; the said Treasurer shall make and submit to CSFA such reports as CSFA may prescribe relative to Chapter finances. The Town of Arlington Scholarship Fund shall be audited by an outside auditing firm in conjunction with the audit of the books and records of the Town. The said scholarship fund shall be under the jurisdiction of the Board of Commissioners of trust funds and said Commissioners shall, at least as often as once each year, pay over the net income received from said fund to the Town Treasurer and the said income shall be applied to student aid under the direction and control of the scholarship committee. The Chapter shall be operated solely for charitable purposes. No committee member, officer or employee of the Town shall be entitled to receive compensation from the scholarship fund for services to the Chapter. Annual recertification by CSFA is required for the Chapter Agreement and Charter to remain in effect. In the event that the Chapter Agreement and Charter between the Chapter and CSFA is terminated the Town of Arlington Scholarship Fund shall continue to operate in accordance with Chapter 405 of the Acts of 1983 as amended, the General Laws of Massachusetts and the Bylaws of the Town.

Section 4. SCHOLARSHIP COMMITTEE AND OFFICERS

The following are permanent members of the scholarship committee as determined by Chapter 405 of the Acts of 1983 and amended by Chapter 256 of the Acts of 1993; the Principal of Arlington High School; the Principal of Arlington Catholic High School; the Superintendent-Director of Minuteman Regional Vocational School District and the Treasurer of the Town. A registered voter of the Town who is interested in education shall be appointed to a three year term as the fifth member of the committe by the Town Moderator. The committee may elect from among its members a Chairman, Vice Chairman, Secretary and such other officers as it may designate for election. The scholarship committee shall make, implement and supervise the policies of the Chapter, and shall elect all officers and fill vacancies as empowered by law. [ART. 13, A.T.M., 5/9/94]

Chairman: The Chairman shall be the chief executive officer of the Chapter, shall preside at all meetings of the scholarship committee and shall implement Chapter policy as established by the scholarship committee.

Secretary: The Secretary shall record and keep minutes of the meetings and shall prepare and transmit to CSFA such reports as may be required by CSFA pursuant to these Bylaws and to annual Chapter recertifications.

Other Officers: The Vice Chairman and such other officers as the scholarship committee may from time to time designate and elect shall have such powers and shall perform such duties as the scholarship committee may determine.

Section 5. STANDING COMMITTEES

Awards Committee: There shall be an Awards Committee, chaired by a member of the Scholarship Committee, which shall be comprised of not fewer than three members, who need not be Scholarship Committee members. No person shall attend or take part in any meetings of the Awards Committee at which applications for student aid are to be discussed so long as there is pending before that committee an application for student aid from any blood relation of such person or spouse. Each scholarship applicant shall be a legal resident of the Town and shall complete an application and submit financial and other supporting data which considers character, scholastic record and involvement in community work as well as extra-curricular school activities. The application process is not considered complete until a financial assistance questionnaire is submitted by the person(s) obligated to pay applicant's educational costs. All scholarship information shall be received and processed with the Office of the Town Treasurer/Collector of Taxes, assigned a number and considered thereafter without reference to name until such time as the Awards Committee has completed its evaluation of each application. All completed applications shall be considered for student aid at a meeting of the Awards Committee called by the Chairman. The award of student aid is based on merit in accordance with the prescribed evaluation criteria. The Awards Committee shall consider financial need in determining the amount of each award. Whenever possible, there shall be at least one scholarship recipient from each of the segments of the student population represented by the members of the Scholarship Committee. In making awards the Awards Committee shall apply such further rules and standards not inconsistent with the purposes of this Chapter as prescribed in these Bylaws and Charter between this Chapter and CSFA and, subject to such rules and approval of the Scholarship Committee, it shall implement and oversee all policy relative to awards, and shall transmit to CSFA such reports as CSFA may provide relative to award procedures.

Other Standing Committees: The Scholarship Committee may from time to time seek to amend these Bylaws by adding other Standing Committees it may determine necessary to the Chapter's operation.

Section 6. CEREMONIES AND MEETINGS

Scholarship Award Ceremony: The Scholarship Committee shall conduct an annual scholarship award ceremony for the recipients of student aid, their families and friends in the spring at such time and place as shall be fixed by the Chairman. Notice of the time, date and place of this ceremony shall be published in the local press and the public invited to attend.

Meetings of the Scholarship Committee: Regular periodic meetings of the Scholarship Committee may be held from time to time pursuant to vote of the Scholarship Committee. Special meetings of the Scholarship Committee may be held from time to time upon the call of the Chairman or upon written application to the Secretary or Chairman of not less than one-third in number of the committee members. The Secretary or Chairman shall make public announcement of the meetings and shall mail written notice of all the meetings of the Scholarship Committee to each member at least seven days prior to the meeting unless the time, date and place of such meeting has been previously fixed by vote of the Scholarship Committee, or unless waiver of the notice of the meeting is signed by every committee member and filed with the Secretary or the Chairman. One-third of the Scholarship Committee members then in office shall constitute a quorum in the case of a meeting of the Scholarship Committee; and a majority of those present at a meeting, and entitled to vote, shall decide any matter properly brought before the meeting.

Section 7. FISCAL YEAR The fiscal year of the Chapter shall be the twelve month period ending June 30 in each year.

Section 8. AMENDMENTS The Scholarship Committee may, from time to time bring before an Annual or Special Town Meeting proposed amendments to these Bylaws. Prior to insertion in the Warrant for the Annual or Special Town Meeting, proposed amendments to these Bylaws shall be voted upon by the Scholarship Committee at a scheduled or special meeting called for the purpose of acting upon a proposed amendment.

Section 9. EFFECTIVE DATE OF THESE BYLAWS This amendment and any subsequent amendment to this Article of the Town's Bylaws shall become effective upon the certification of the vote by the Town Clerk. Once certified this Article of the Town's Bylaws become the governing document of the Town of Arlington Scholarship Fund and shall be sent to CSFA for approval and placed on file in the Office of the Town Treasurer/Collector of Taxes in accordance with the Chapter Agreement entered into between the Chapter and CSFA.

Section 1. The Comptroller shall have in addition to the powers and duties conferred and imposed upon Town Accountants, by General Laws, the following powers and duties:

(a) He shall prescribe the methods of Accounting and forms to be used by the several departments of the town where in the collection or disbursement of money is concerned, so that such methods and forms shall conform to the requirements of the State Accounting System.

(b) He shall establish standard practices relating to all accounting matters and procedures and the coordination of systems throughout the town, including clerical and office methods, records, reports and procedures as they relate to accounting matters. He shall prepare and issue rules and regulations and instructions relating thereto that shall be binding upon all town agencies and employees.

(c) He shall draw all warrants upon the Town Treasurer for the payment of bills, drafts and orders chargeable to the several appropriations and other accounts.

(d) Prior to submitting any warrants to the Town Manager, he shall examine and approve as not being fraudulent, unlawful or excessive, all bills, drafts and orders covered thereby. In connection with any such examination, he may make inspection as to the quality, quantity and condition of any materials, supplies or equipment delivered or received by any town officer or agency. If, upon examination, it appears to the Comptroller that such bills, drafts or orders are fraudulent, unlawful or excessive, he shall file with the Board of Selectmen and the Town Treasurer a written report of the reasons for his findings.

(e) He shall have custody of all vouchers which have been entered on warrants for payments and approved by the Town Manager and Comptroller. Said vouchers are to be available for inspection by the Town Treasurer at all times.

(f) He shall submit a monthly Balance Sheet and an annual Balance Sheet with detailed statements of Cash Receipts and Cash Disbursements at the end of each fiscal year to the Board of Selectmen and the Department of Revenue for certification of the Town's Free Cash. Said financial statements shall conform to the requirements of the State System of Accounting and may be audited as directed by the Board of Selectmen.

(g) He shall be in charge of all accounting and business equipment owned by the Town other than equipment used for educational or classroom purposes.

(h) He shall be responsible for coordination of the Annual Town Audit.

Section 2. No head of a department, board or committee authorized to spend money shall make purchases of supplies or materials or contract to render services to the Town without issuing a written purchase order on prescribed forms for all such supplies or materials or services to be rendered; provided, however, that the provisions of this section shall not apply to the salaries or wages of part-time or regularly-employed officers, clerks and wage earners of any department of the Town. All purchase orders shall be in triplicate; one to be designated for the Vendor; one to be designated for and delivered to the Comptroller; and one to be designated for the files of the department issuing the order. The order designated for the Vendor, before being transmitted to the Vendor shall be submitted to the Comptroller to be certified by him that there is sufficient unencumbered balance of the appropriation to be charged to liquidate the amount of the order, provided, however, that verbal orders for supplies or materials or services to be rendered may be issued for an amount not to exceed five hundred dollars. All verbal orders shall be confirmed in writing on the prescribed purchase order forms on the day the orders are given and transmitted immediately to the Comptroller for certification. [ART. 22, A.T.M., 4/27/88]

Section 1. THE CLASSIFICATION PLAN The official classification plan shall consist of class titles appearing in Schedule A which is made a part hereof, together with class definitions which are on file with the Personnel Director of the Town.

Section 2. THE COMPENSATION PLAN The official compensation plan which appears in Schedule B shall consist of salary ranges which provide minimum and maximum rates together with intermediate step rates of single salary rates for each full-time position class in the Classification Plan. The Compensation Plan shall include compensation grades to which position classes are allocated in Schedule A.

Section 3. AMENDMENT OF THE PLANS The classification and compensation plans have been established pursuant to the authority contained in Section 108C of Chapter 41 of the General Laws. Either plan may be amended in the manner provided in this statue and the by-laws of the Town. Rates appearing in the compensation plan may be established or changed by vote of the Town at a Town Meeting, or as provided by law, whichever is applicable . Requests to the Personnel Director of the Town for any amendment to this By-Law at any Annual Town Meeting shall be made in writing and shall be received by the Director on or before September 10th of the year preceding such Annual Town Meeting. The Director shall communicate his/her decision regarding the request to the party submitting the request no later than November 1st. [Art. 32, A.T.M., 5/1/89] An aggrieved employee may appeal any adverse reclassification determination of the Personnel Director to the Personnel Board which shall review said request and either uphold or overrule the Director's determination after consultation with the Personnel Director. The Classification Plan shall be amended accordingly to reflect the determination of the Personnel Board in the event it overrules the determination of the Personnel Director. In like manner, the initial determination of the Personnel Director, if favorable to the employee, shall cause an amendment to the Classification Plan to be made accordingly. Notwithstanding the foregoing, no amendment shall become effective until the Town Meeting appropriates funds to fund same. The Personnel Director shall submit an individual request within an article for an appropriation for each reclassification to the Town Meeting to fund each reclassification approved by him or her as well as those approved on appeal to the Personnel Board.

Town Meeting may not act favorably on Articles submitted n behalf of employees aggrieved by the determination of the Personnel Board. No employee may request reclassification of the same position in consecutive years.

Section 4. PERSONNEL BOARD There shall be a Personnel Board consisting of three members who shall be appointed by the Town Manager subject to the approval of the Board of Selectmen. The initial appointments thereto shall be for a one, two and three year term respectively. Thereafter each term shall be for a period of three years. Members shall serve without compensation and shall serve until their successors are appointed. [Art. 32, A.T.M., 5/1/89]

Section 5. CLASS DEFINITIONS The Personnel Director of the Town shall prepare and may amend, from time to time, written definitions of the classes in the classification plan, each consisting of a statement describing the essential nature of the work characteristic of positions in the class that distinguish such positions from positions of other classes, with such examples as may be deemed appropriate.

Section 6. INTERPRETATION OF CLASS DEFINITIONS The definitions of the classes shall be interpreted as descriptive only and not restrictive. The definition for any class shall be construed solely as a means of identifying positions classified under the appropriate class, title, and not as prescribing what the duties or responsibilities of any position of the class shall be, or as modifying or in any way affecting the power of any administrative authority, as otherwise existing, to appoint, to assign duties to, or to direct and control the work of, any employee under the jurisdiction of such authority.

Section 7. RECORDS AND REQUISITIONS The Personnel Director shall keep such records of all employees of the Town, including the name, age, date of employment, classification of position occupied, department in which employed, nature of duties and other information as he/she deems desirable.

All requisitions for persons to fill positions or perform duties classified under the Civil Service Law, all requests for transfers, increases in salary, changes in rating, or other requests made to the Director of Civil Service or the Department of Civil Service, shall be processed through the Personnel Director.

Similarly, all such personnel actions relating to positions which are not subject to Civil Service Law, but which are subject to the classification and compensation plans, shall be processed by the Personnel Director.

Section 8. ALLOCATION OF POSITIONS TO CLASSES The Personnel Director shall classify each position subject to the provisions of this by-law in accordance with the classification plan. Whenever a new position is established, or the duties of an existing position are so changed that in effect a new position of a different classification is substituted for the old position, the Personnel Director shall, in the same manner, classify such new or changed position.

In the event the Personnel Director determines that a new or changed position requires the establishment of a position class not included in the classification plan, he/she may authorize temporarily the necessary new classification subject to ratification at the next succeeding Special or Annual Town Meeting.

The Personnel Director shall have the authority to reclassify a position if he/she finds that such action is warranted by reason of error in the classification then in effect.

The Personnel Director shall afford reasonable opportunity to be heard to any employee or appointing authority affected by any classification or reclassification, upon written request therefor.

Section 8A. ALLOCATION OF POSITIONS IN DEPARTMENTS OF VARIOUS APPOINTING AUTHORITIES

1. Notwithstanding the provisions of any other By-Law or section of a By-Law of the Town to the contrary, the Personnel Director may not reclassify any existing position in the department under the control of any appointing authority without the express request and approval of the appointing authority for the department in which the employee works.

However, if the Personnel Director is convinced that an existing position in one or more of the departments has so changed so as to justify a new classification then the Personnel Director may submit a Warrant Article at the next Town Meeting requesting such a change. The respective appointing authority may oppose said Article or submit an alternative Article. The action of the Town Meeting shall control.

In the event, however that a new position is to be established, the initial determination as to what classification is appropriate shall be made by the Personnel Director subject to the approval of the next Town Meeting. The appointing authority may propose an alternative Article. The action of the Town Meeting shall control.

Section 9. TITLES OF POSITIONS No person shall be appointed, employed or paid as an employee in any position subject to the provisions of this by-law under any title other than that set forth in the classification plan for the position which he occupies. The title of each class shall be the official title of every position classified thereunder for all purposes having to do with the position as such, and shall be used to designate the position on all payrolls, budget estimates and official records and reports, and in every other connection involving personnel and fiscal processes, but any abbreviation or code symbol approved by the Personnel Director may be used in lieu of the title to designate the class of a position in any such connection.

Section 10. INTERPRETATION OF PAY PLAN A Town Meeting vote which authorizes any change in rates from those which appear in either Schedule A or Schedule B under Sections 1 and 2 of this by-law shall include the appropriation of funds required to finance the change.

Section 11. VACATION LEAVE

SUBSECTION A - Vacation leave with pay shall be granted to all regularly employed personnel, subject to the classification and compensation plans. These employees are provided opportunity to accrue vacation leave in order that (s)he may have periods of rest and relaxation from his/her job for health and well being, consistent with work load and staffing requirements of their department. Employees are encouraged to request vacation leave in blocks of time sufficient to ensure rest and relaxation. An employee shall be considered regularly employed and eligible for vacation if (s)he has worked six months for the Town in a position included in the Classification and Compensation Plan.

SUB-SECTION B - ACCRUAL RATES

1. Vacation leave credits are not accumulated and cannot be used during the first six (6) months of employment.

2. All regularly employed personnel shall be credited with five (5) days of vacation leave upon completion of his/her first six (6) months of service as long as these employees do not receive more vacation leave in their first year of employment than granted in number three below.

3. All regularly employed personnel with more than six (6) months but fewer than five (5) years of service shall receive ten (10) days of vacation leave.

4. All regularly employed personnel with five (5) years but fewer than ten (10) years of service shall receive fifteen (15) days of vacation leave.

5. All regularly employed personnel with ten (10) years but fewer than twenty-five (25) years of service shall receive twenty (20) days vacation leave.

6. All regularly employed personnel with twenty-five (25) years or more of service shall receive twenty-five (25) days of vacation leave.

7. Vacation accrual rates for employees covered by a collective bargaining agreement are governed by their applicable contract.

SUB-SECTION C - Vacation leave will be granted to all eligible employees, according to their accrual rates, on January 1 of each year.

SUB-SECTION D - The scheduling of vacation periods with pay shall be arranged and approved prior to use by the Department Head for such time or times as best serve the public interest and department efficiency. In case of conflict in scheduling vacation time, preference will be given based on seniority or other provisions established by the Department Head.

SUB-SECTION E - Vacation leave may not be accumulated from one vacation year to another, except when in the opinion of the appointing authority, it is impossible or impractical to use because of work schedules or other emergencies to do otherwise. Requests for such carryover must be submitted to the appropriate appointing authority before the end of the calendar year in which the vacation leave was granted.

SUB-SECTION F - Absences on account of sickness in excess of those authorized or for personal reasons not provided for under leave regulations may, at the discretion of the Department Head, be charged to vacation leave.

SUB-SECTION G - Whenever employment is terminated by dismissal through no fault or delinquency of an employee's part, or by resignation, retirement or death, without his/her having been granted a vacation to which (s)he is entitled, (s)he, or in the case of his/her death, his/her estate shall be paid vacation pay at the regular rate of compensation at which it was earned payable to him/her at termination of employment.

SUB-SECTION H - If a holiday falls within the vacation period, it shall not count as part of the vacation allowance.

SUB-SECTION I - Regular part-time employees accrue and earn vacation leave on a prorated basis according to the differences between their regularly scheduled work week and the normal work week.

SUB-SECTION J - Vacation leave credits shall not be advanced for use prior to their being earned.

All of the above to be effective for non union and M Schedule employees and to become effective for all union employees upon ratification by the respective bargaining units.

Section 12. SICK LEAVE

SUB-SECTION A - Regularly employed personnel subject to the classification and pay plans must complete six months of service before qualifying for sick leave, at the end of which time seven and one-half days credit will be allowed.

SUB-SECTION B - Earned sick leave with pay will be limited to one and one-quarter days per month, not to exceed fifteen days per year, and will be credited on the first day of each month. Sick leave credit will begin on the first day of the month following employment except as otherwise provided in Subsection A. Employees having an aggregate of more than two days of authorized leave without pay in any calendar month shall not receive sick leave credit for that month.

SUB-SECTION C - Sick leave will accumulate for each year of employment. When an employee leaves the employment of the Town, the employee, or in the case of death the employee's estate, shall be paid 20% of the employee's rate of pay for any unused and accumulated sick leave. No sick leave credit for prior employment will be allowed to employees rehired or reinstated after a termination of service other than approved leave of absence. [ART. 44, A.T.M., 6/20/84]

SUB-SECTION D - Sick leave with pay shall be granted to employees only when they are incapacitated for the performance of their duties by sickness, injury or quarantine by health authorities.

SUB-SECTION E - Sick leave will commence on the day notification of the illness is given by the employee, his family, or his physician. Such notification shall be given within one hour of the regular appointed starting time.

SUB-SECTION F - For absence on account of sickness, the department head or the appointing authority may require evidence in the form of a physician's certificate for the necessity for absence, such certificate to give the nature of illness and the expected duration. If such certificate is not filed after request therefor, such absence may be applied, at the discretion of the department head, to vacation leave or leave without pay. The department head shall require such certificate at the end of two weeks of illness and subsequent certificates may be required at the discretion of the department head or the appointing authority.

SUB-SECTION G - (Deleted June 20, 1984 - Effective July 1, 1984)

SUB-SECTION H - Every department of the Town shall keep a uniform attendance record on such form as approved and audited by the Town Accountant for each employee showing sick leave both accrued and granted. The information on such record shall be transmitted by the head of the department to the Personnel Board upon request.

SUB-SECTION I - Part-time employees whose hours of work follow a regular schedule will be allowed such proportion of sick leave credit as their actual part-time service bears to full-time service.

SUB-SECTION J - Employees injured on the job and receiving Workmen's Compensation may, upon request, be granted such sick leave allowance payment as will when added to the amount of Workmen's Compensation, results in the payment to them of their full salary, provided they have such sick leave credit.

SUB-SECTION K - Discretionary sick leave not exceeding fifteen days may be granted by the appointing authority provided all accumulated sick leave and vacation leaves have been exhausted, and shall be charged against future sick leave credit, provided further that in connection with employees with at least twenty years of service with the Town and in the event of extenuating circumstances as determined by the appointing authority, additional sick leave not to exceed 150 days may be granted, which shall be similarly charged to future sick leave credit.

Section 13. MISCELLANEOUS

SUB-SECTION A - The lunch period shall not exceed one hour.

SUB-SECTION B - An absence with pay, to the extent necessary but not to exceed three days, shall be granted in case of death of immediate member of an employee's family. Immediate family means spouse, child, father, mother, sister, brother, or grandparents. An absence with pay of one day shall be granted in case of death of an employee's inlaws or grandparents of spouse.

SUB-SECTION C - Any permanent employee of the Town called for an annual tour of duty with the armed forces shall be paid his usual salary for a period not exceeding two calendar weeks and shall be entitled to the same leaves of absence or vacation with pay given to other like employees.

SUB-SECTION D - A regular employee called up for jury duty shall be paid an amount to bring his salary up to his usual rate of pay. Notice of service shall be filed with the department head upon the receipt of a summons.

SUB-SECTION E - Leave of absence with pay may be granted by the appointing authority to permanent employees who are authorized delegates to state or national conventions of the following veterans' organizations: American Legion, AMVETS of World War II, Disabled American Veterans, Legion of Valor, Marine Corps League, Military Order of the Purple Heart and Veterans of Foreign Wars.

SUB-SECTION F - All payments made for any absence, regardless of nature, will be so noted on the payroll and employee's attendance record. The department head shall be responsible for the accuracy of such record.

SUB-SECTION G - In order to qualify for holiday credit, a regular employee shall have worked on the last regularly scheduled work day prior to, and the next regularly scheduled work day following such holiday, unless it is an absence for which compensation is payable as provided under this by-law. The following days in each year shall be considered as holiday credits:

New Year's Day	Labor Day
Martin Luther King Day	Columbus Day
Washington's Birthday	Veterans' Day
Patriot's Day	Thanksgiving Day
Memorial Day	Christmas
Independence Day

Whenever a holiday falls on Saturday, another working day off with pay shall be arranged at the discretion of the department head.

The following half-days in each year shall be considered as half-day holiday credits: Good Friday and Christmas Eve when it falls on any day from Monday through Friday inclusive.

SUB-SECTION H - Leave of absence with pay may be granted by the appointing authority to permanent employees who are authorized delegates of recognized employee organizations for the purpose of attending annual state conventions of their parent AFL-CIO or independent organizations. However, if said employees' regular compensation is paid by the employee organization, then such leave of absence as may be granted by the appointing authority shall be without pay.

SUB-SECTION I - Maternity leave of absence without pay shall be permitted in accordance with the provisions of Section 105D of Chapter 149 of the General Laws of the Commonwealth. A physician's certificate shall be submitted to the employee's department head before the employee returns to work following a maternity leave of absence.

SUB-SECTION J - The appointing authority at any time may require a physical and/or a psychiatric examination of an employee to determine said employee's fitness for regular full time duty. Said examination to be performed by a physician or a psychiatrist selected by the appointing authority and at the expense of the Town.

SUB-SECTION K - A personal leave of absence of one day with pay shall be granted to all full time employees of the Town on January 1 of each year, said personal leave to be in addition to any sick leave or vacation leave to which the employee is entitled and time of allowance of said leave to be at the discretion of the department head after receiving reasonable notice from the employee. Said personal day cannot be used during the first six (6) months of employment.

SUB-SECTION L - Employees who do not report out sick from January 1 to April 30 shall receive one additional personal day. Employees who do not report out sick from May 1 to August 31 shall receive an additional personal day. Employees who do not report out sick from September 1 to December 31 shall receive one additional personal day. In addition to the foregoing, those employees who do not report out sick more than four days during the calendar year shall receive one additional personal day.

Personal days for good sick leave record may not be accumulated beyond one year from the date of their being credited. Employees while receiving Workers' Compensation shall not be eligible for personal days under this program. (This section shall be effective July 1, 1979 and shall apply only in regard to those Town employees not members of any collective bargaining unit).

SUB-SECTION M - That any employee of the Town who leaves the employ of the Town as a result of budget cut-backs caused by the passage of proposition 2 at the 1980 General State Election, shall be eligible for reinstatement within a five year period thereafter, and in the manner prescribed in Massachusetts General Laws Chapter 31, Section 39, Paragraph 1. Such reinstatement, should it occur, shall occur without loss of those benefits which had accrued to the employee on the date of his/her separation from employment, specifically, accumulated sick leave and creditable years of service used to compute longevity payment and vacation time; provided, however, that such reinstated employee accepts employment within a period of thirty days from the date of notification of reinstatement.

SUB-SECTION N - Effective July 1, 1984 a deferred salary increase to any employee upon leaving the employment of the Town after July 1, 1984 (provided that the employee was employed by the Town on or before July 1, 1984); and that said deferred increase shall be granted on the date of separation so that the average salary of the employee's last three years will be equal to the average salary of the last three years as if an actual 5% salary and wage increase was granted on July 1, 1984. This provision shall be implemented and funded notwithstanding any existing or future position classification and pay plan and Section 15 of Article 7C of the Town bylaws. Any amount necessary to fund this provision shall be taken from existing or future budgets. [ART. 44, A.T.M., 6/20/84]

Effective July 1, 1991 a deferred salary increase to any employee upon leaving the employment of the Town after July 1, 1993, (provided that the employee was employed by the Town on January 1, 1993) and that said deferred increase shall be granted on the date of separation so that the average salary of the employee's last three years will be equal to the average salary of the last three years as if an actual 2% salary and wage increase was granted on July 1, 1991, i.e. a six percent (6%) adjustment made to last paycheck if employee leaves after July 1, 1994. [ART. 67, A.T.M., 6/21/93]

Section 14. Nothing in this By-Law shall be construed to conflict with the General Laws of the Commonwealth of Massachusetts.

Section 15. Schedule M, Merit Compensation Plan (Special Town Meeting -4/28/75).

Section 16. PERSONNEL DEPARTMENT. Various personnel and personnel-related functions may be consolidated in the Personnel Department for the purposes of efficiency and cost-effectiveness. Nothing in the foregoing, however, shall be construed to derogate or diminish the statutory duties, powers and responsibilities of the Arlington Contributory Retirement Board as established by Chapter 32 of the General Laws.

Section 17. Notwithstanding the fact that the elected positions of the Town Treasurer/Collector and Town Clerk are not included in the Classification and Compensation Plans, those individuals who are elected to same shall be entitled to vacation leave and sick leave as provided in Sections 11 and 12, respectively to the same extent as if said positions were so included. [ART. 24, S.T.M., 11/17/93]

It is the intention of the Town that any person having occupied the position of Town Clerk and Treasurer/Collector since the Annual Election in February of 1984 shall be entitled to the accumulation of sick leave as provided by Section 12 retroactive to the date of their first having been elected to the position of Clerk and Treasurer/Collector respectively. All effected officials shall certify the number of days accrued to date to the Personnel Director and thereafter on a yearly basis.

Said elected officials shall likewise be entitled to all provisions of Section 13, Miscellaneous, as applicable, and the longevity benefit shall be the same as provided for positions in Schedule M of the Classification and Compensation Plan.

Section 1. The members of the Finance Committee shall be appointed for terms of three years each. In any year when the term of any member expires, his successor shall be appointed for a term of three years. The said terms shall expire on the seventh day after the final adjournment of the annual town meeting but the members shall respectively continue to act as such until their successors are appointed.

Section 2. Repealed - April 2, 1956.

Section 3. If any member of the Finance Committee is absent from three or more successive meetings, the other members of the committee may by the affirmative vote of each of a majority of its members request the Appointing Committee to remove such absenting member from his membership and the Appointing Committee may thereafter by a majority vote so remove such member and may notify him by mail of such removal. The Appointing Committee shall then promptly fill the vacancy so created by appointing a successor for the remainder of the term for which such member was appointed.

Section 4. No person holding either elective or appointive town office other than Town Meeting membership and no town employee shall be eligible to serve on said committee. Provided however, that nothing herein shall prohibit a member of said committee from serving on another committee, board or commission when such service is required by a provision of the Bylaws or a vote of the Town Meeting. [Art. 5, S.T.M., 11/30/88] [Art. 15, A.T.M., 4/29/92]

Section 5. The committee shall consider all articles contained in any warrant except articles on zoning upon which the zoning by-law requires a report to be made to the Town by the Planning Board and those articles which do not require or request an appropriation of money, which articles shall be considered and a report made to the Town by the Board of Selectmen, said committee shall make recommendations, and shall report in print, if possible at or prior to each town meeting, but the omission of said committee so to consider, recommend and/or report shall not affect the validity of any vote or other action at any town meeting. The committee shall also make such general suggestions, criticisms and recommendations as it may deem expedient. Nothing contained in this section shall preclude the Committee from considering, if it sees fit, articles which do not require or request an appropriation of money.

Section 5a. At the request of the Town Manager, Board of Selectmen, Board of Assessors, Treasurer, Comptroller, Clerk, or Retirement Board, the Finance Committee may by majority vote authorize a transfer of funds within a department budget between personal services, expenses, and capital outlay, notwithstanding the fact that a sum certain for said line items has previously been voted by Town Meeting, provided, however, that no such transfer shall be made to fund salary increases.

Section 6. The committee shall have authority to vote transfers from the reserve fund as provided in Section 6 of Chapter 40 of the General Laws as amended.

Section 7. 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, and all boards and officers shall submit to the committee, at the same time they are submitted to the Town Accountant, copies of their estimates for the ensuing year in budget form.

Section 8. The Finance Committee shall annually appoint a person who is not one of its members as executive secretary for the term of one year. The said Committee shall define his duties and fix his salary.

Section 9. Except as herein otherwise provided, the committee shall have power to elect its own officers. All vacancies in the membership of said committee shall be filled by the Appointing Committee.

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 conditions 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 effectually 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 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.

Section 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.

Section 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 without 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.

Section 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.

Section 5. No person shall operate any vehicle excepting children's carriages and tricycles upon any sidewalk.

Section 6. No person 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 building therein, or remain upon any sidewalk, or upon any part of another's property to the annoyance or disturbance of any person.

Section 7. No person shall intentionally frighten a horse on any public way.

Section 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.

Section 9. No person shall loiter in any street, or on any sidewalk or in any other public place in the Town after being directed by a police officer to move on, nor shall obstruct the free use of any public way or sidewalk, nor shall build a bonfire thereon. [ART. 25, A.T.M., 4/26/89]

Section 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 the permission of the owner or his agent.

Section 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.

Section 12. No person shall place or cause to be placed anything in or upon any public way or sidewalk and allow it to remain for more than fifteen minutes after being notified by a police officer to remove same, except as provided in Section I of Article 9.

Section 12A. No person shall place or cause to be placed any vehicle which shall interfere with the removing or plowing of snow, or the removing of ice, in any way of the Town, and Superintendent of Streets or other officer in charge of ways for the time being, for the purpose of removing or plowing snow, or removing ice, from any way, is hereby authorized and empowered to remove, or cause to be removed, to some convenient place, including in such term a public garage, any vehicle interfering with such work and the owner of such vehicle shall be liable for the cost of such removal, and the storage charges, if any, resulting therefrom.

Section 13. No person shall coast or skate on any street or sidewalk where same has been forbidden by the Selectmen.

Section 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.

Section 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.

Section 16. Repealed - April 2, 1956.

Section 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 than seven feet above such public way.

Section 18. Excavation in Streets and Sidewalks [ART. 30, A.T.M., 5/2/90]

SUB-SECTION 1 No person or Town department, except the Director of Public Works or his designees in the performance of their duties, shall break or dig up, or cause to be broken or dug up, the pavement within the limits of any public street, or any paved sidewalk or curbing in any public street, without the permission in writing of the Board of Public Works (or the Town Engineer in the event that the Board of Public Works delegates such authority thereto) or having obtained such permission, shall fail to comply with the conditions thereof. The Board of Public Works may give such permission following the commencement of any excavation required by an emergency and made by a person engaged in the manufacture, transmission, or distribution of gas, electricity, or intelligence transmitted by electricity or other means. In such case, the rights granted by and conditions contained in such permission shall apply to all acts of such person whether performed before or after having received such written permission following emergency excavation. Any person who excavates without prior written approval of the Board or its designee, or who fails to comply with the conditions of such approval, [ART. 27, A.T.M., 5/3/93] or who commences same due to a perceived emergency and subsequently requests, but is denied permission from the Board, shall reimburse the Town, in addition to any fines provided for in this Bylaw, for all expenses and damages which the Town may suffer or be compelled to pay by reason of such unauthorized excavation or any failure to comply with said conditions.

SUB-SECTION 2 For purposes of this Bylaw, the term "person" shall mean any natural person, corporation, partnership or other legal entity performing such excavation or directing same.

SUB-SECTION 3 There shall be a fee charged for any excavations made in conjunction with this Bylaw. The Board of Public Works shall establish said fee in each instance which shall be directly proportional to both the fraction of the street's useful life that would have remained had no excavation occurred and to the square foot area excavated. The purpose and amount of the fee will be calculated on the basis of reimbursing the Town for any funds necessary to recoup the costs of resurfacing streets whose useful life have been reduced by reason of such street excavations and/or to fund the costs of any repairs required by improper resurfacing or patching performed by the excavator.

SUB-SECTION 4 The Board of Public Works is further empowered to promulgate Rules and Regulations so as to regulate properly the excavation and restoration of the public ways of the Town. Said Rules and Regulations shall include, but not necessarily be limited to, matters relating to insurance, plans, scheduling of work, emergency excavation, traffic control, protection of other utility equipment, notification of other utilities, protection of adjoining property, clean up, dust control, noise abatement, backfilling control, testing of the work, and prompt and workmanlike completion of the work.

SUB-SECTION 5 Any violation of this Bylaw shall be punishable by a fine of $300.00. Each day in which a violation occurs shall be considered as a separate offense. Enforcement of the Bylaw may in the first instance be pursued through the provisions of Section 21D of Chapter 40 of the General Laws, which provides for noncriminal disposition. The enforcing person shall be any police officer of the Town. The Board of Selectmen is authorized to promulgate rules and regulations consistent with said section relative to the ticketing procedures to be utilized.

Section 19. Except as otherwise provided by statute, by-law, or department regulation, no person shall, in any manner, place or cause to be placed in or upon any public way, public place or body of water within the Town, rubbish, waste material, filth, snow or discarded substance of any kind.

Section 20. No person, except an officer or employee of the Town shall disturb, over-haul, 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.

Section 21. The owner or occupant of any land abutting upon a sidewalk of a public way in this Town, which said property is used for business purposes other than farm business, shall cause all snow and ice to be removed from such sidewalk. Such snow and ice shall be so removed by ploughing, shoveling, scraping or otherwise so as not to damage such sidewalk, and within the first three hours between sunrise and sunset after such snow and ice has come upon such sidewalk. Violation of this section shall be punishable by a fine of $20 per day that the snow and ice are not so removed. [ART. 11, S.T.M., 1/25/88]

Enforcement of the Bylaw may in the first instance be pursued through the provisions of Section 21D of Chapter 40 of the General Laws, which provides for noncriminal disposition. The enforcing person shall be any police officer of the Town. The Board of Selectmen is authorized to promulgate rules and regulations consistent with said section relative to the ticketing procedures to be utilized.

Section 22. (Deleted) [ART. 25, A.T.M., 4/26/89]

Section 23.

(a) The Board of Selectmen is empowered to cause to be placed on any public way of the Town, at such places and in such manner as it may determine, devices known as parking meters, and shall have charge of the regulation and operation thereof, shall cause to maintain such meters in good workable conditions, shall establish for parking in parking meter areas a charge of not more than five cents for one hour, proportional parts of said hour to be in amounts determined by said Board, shall collect or cause to be collected monies deposited in said meters and turn such monies over to the Town Treasurer.

(b) The Board of Selectmen is empowered to authorize the Treasurer to pay out of the revenue derived from said parking meters, from time to time, such amount or amounts on the original purchase price thereof and for such other charges and costs incidental to said meters, as said Board may deem advisable.

(c) It is the purpose of this by-law that the fees to be charged and collected by the operation of parking meters will be levied as a police regulation to cover the cost of providing parking spaces and parking areas all lanes, lines and other markings incidental thereto, parking meters and their installation, replacement and maintenance, the cost of regulation and inspection thereof, the cost of operation and control of traffic moving in and out of and parking in such parking spaces and parking meter area and in the vicinity thereof, and for the cost of traffic administration and supervision expenses resulting from the establishment of such parking meter areas, and that it is not the purpose of the installation of such parking meters to recover any further monies for the Town or to engage in the operation of such parking spaces or areas and meters for profit.

(d) The Board of Selectmen shall have the power under this by-law to make and enforce rules and regulations relative to such parking meters, and whoever violates such rules and regulations shall be punishable by a fine of not more than twenty dollars ($20.00) for each offense.

Section 24. The leaving of vehicles unattended is prohibited within the limits of private ways under the jurisdiction of the Arlington Housing authority which furnish means of access for fire apparatus to any building.

Section 24A. Prohibiting, etc., Leaving of Vehicles in Certain Private Ways.

(a) Fire Regulations: It shall be unlawful to obstruct or block a private way with a vehicle or any other means so as to prevent access by fire apparatus or equipment to any multiple family building, stores, shopping centers, schools and places of public assembly.

(b) Fire Lanes: It shall be unlawful to obstruct or park a vehicle in any Fire Lane, such Fire Lanes to be designated by the Head of the Fire Department and posted as such. Said Fire Lanes to be a distance of twelve (12) feet from the curbing of a sidewalk in a shopping center, apartment complexes and similar locations. Where no sidewalk with curbing exists, the distance shall be twenty (20) feet from the front wall of the building.

(c) Any object or vehicle obstructing or blocking any Fire Lane or private way, may be removed or towed by the Town under the direction of a Police Officer at the expense of the owner and without liability to the Town of Arlington.

(d) The owner of record of any building affected by these sections shall provide and install signs and road markings as provided, in Paragraph (b) of this section. Said signs shall be no less than 12'x 18' and shall read "Fire Lane - No parking - Tow Zone."

(e) Any person violating any of the foregoing sections shall, for each offense be punished by a fine of fifty ($50.) dollars. Each day that such violation continues shall constitute a separate offense.

Section 25. No person shall drink any alcoholic beverage as defined in Chapter 138, Section I of the General Laws, while on, in or upon any public way, or upon any way to which the public has a right of access, or any place to which the public has access as invitees or licensees, park or playground or private place without the consent of the owner or person in control thereof. Whoever violates this By-Law may be arrested without a warrant by an officer authorized to serve criminal process if he is unknown to the officer. All alcoholic beverages being used in violation of this By-Law shall be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned into court, at which time they shall be returned to the person or persons entitled to lawful possession. Anyone found guilty of the violation of this By-Law shall be punished by a fine of not over two hundred dollars ($200.).

Section 26. Barbed wire is prohibited on that part of a structure or fence which is facing and within ten (10) feet of a public way, excepting those areas where its presence is deemed necessary for public safety by the Director of Community Safety.

Section 1. No person shall enter or leave any Park, Playground Beach or other area except at regular designated entrances or exits.

Section 2. No person shall injure, deface, dig up or displace, cut, break, remove, fill in, raise, destroy, or tamper with any road, walk, lawn or beach; or deface, defile, injure, destroy or ill use any building, bridge, structure, fence, sign, bench, seat, platform, plant, flower, bush, tree, shrub, turf, rock or other property or equipment, real or personal, belonging to the Town of Arlington under the jurisdiction of the Park Department, or have possession of any part thereof.

Section 3. No person shall within any park or playground area throw any stone or missile; or have possession of or discharge any destructive weapon, firearm, fireworks,torpedo or explosive; or make a fire except by written consent of the Park Commissioners; or post, paint, affix, distribute or display any sign, notice, circular, program, placard or any other advertising device except by written consent of the Park Commissioners; or drop or place and suffer to remain any piece of paper, garbage or other refuse, except in the receptacles designated therefor, nor throw a lighted match, cigar, cigarette or other burning substance in said receptacles, or upon the ground; nor bring or cause to be brought within any area under the control of said Park Department any garbage, refuse or material for the purpose of depositing same within said receptacles; or bring or cause to be brought within any area under the control of the Park Department glass containers or any articles made of glass; or break or cause to be broken any glass containers or any articles made of glass within any area under the control of the Park Department.

Section 4. No person shall within a park or playground area solicit the acquaintance of or annoy another person; or utter loud outcry; or solicit alms or subscriptions; or have possession of or drink any intoxicating liquor; or make a harangue; or make any undue noise or disturbance.

Section 4A. No person shall within a park or playground area solicit the acquaintance of or annoy another person; or utter loud out cry; or solicit alms or subscriptions; or make a harangue; or make any undue noise or disturbance.

Section 4B. No person shall within a park or playground area have possession of or drink any intoxicating liquor.

Section 4C. No person shall within a park or playground have in their possession an opened glass beverage container.

Section 5. No dumping of any kind shall be made within any park or playground area, except by written consent of the Park Commissioners.

Section 6. All areas under the care and control of the Board of Park and Recreation Commissioners are considered to be opened at 5:00 A.M. and closed at 9:00 P.M., unless extended by the written consent of said Board. Anyone found on said premises between the hours of 9:00 P.M. and 5:00 A.M. without permission shall be considered to be trespassers.

Section 7. The playing of golf is strictly prohibited in or upon all areas under the care and control of the Park Department.

Section 8. No person unless properly clothed, shall be upon any beach, or swim, bathe or wade in any water within or adjoining any area under the care and control of the Park Department and then only at such times and in such places as the Park Commissioners may designate; nor loiter or walk upon a sidewalk or roadway or about an area, other than a bathing beach, in a bathing costume, unless wearing a closed covering; nor lower from their shoulders or remove any part of their bathing costume on any beach; nor disrobe for bathing in a public sanitary or within public view.

Section 9. No person shall cause or permit any animal owned by him or in his custody or under his control, to roam or be at large, in, on or through any park or playground under the care and control of the Park Department, except a dog when restrained by a leash not exceeding six (6) feet in length. No animals are allowed on any beach under the care and control of the Park Department.

Section 10. No person shall ride or drive an animal or ride a bicycle or motorcycle, or ride or drive a motor car or other vehicle upon or over any area under the care and control of the Park Department which has been closed to travel by the placing therein or the erection thereon of a barrier, fence, light or sign indicating that such area is closed for public travel.

Section 11. No person shall refuse or neglect to obey any rule, posted by sign concerning the use of any area under the care and control of the Park Department; nor shall they refuse or neglect to obey any reasonable direction of a police officer or a person in charge of such area.

Section 12. Any person violating any of the foregoing, except Section 4B and Section 10 shall be punished by a fine of not more than twenty ($20) dollars. Any person violating Section 10. for each offense, shall be punished by a fine of not more than fifty ($50) dollars. Any person violating Section 4B, for each offense, shall be punished by a fine of not more than two hundred ($200) dollars.

Section 1. No person shall injure, mutilate, or destroy any property or equipment, real or personal, belonging to the Town of Arlington under the jurisdiction of the School Department.

Section 2. No person shall park a vehicle on property under the jurisdiction of the School Department except while attending functions at or doing business in the adjoining school building; such parking shall be only at designated locations and not in conflict with faculty or school personnel parking and not in violation of Fire Department regulations governing parking adjacent to school buildings. There shall be no overnight parking of vehicles on any School Department property except for vehicles under the direct control of the School Department, or by special permit issued by the Superintendent of Schools.

Section 3. No person shall refuse or neglect to obey any rule, posted by sign, concerning the use of any area under the jurisdiction of the School Department; nor shall they refuse or neglect to obey any reasonable direction of a police officer, custodian or School Department employee during the time they are on School Department property.

Section 4. No person shall cause or permit any animal owned by him or in his custody or under his control to roam or be at large in or on any property under the care and control of the School Department, except a dog when restrained by a leash not exceeding six (6) feet in length.

Section 5. No person shall remain upon school grounds, including playgrounds, during the periods when school is in session except when under the direct supervision of school personnel.

Section 6. No person or persons shall congregate in doorways or recess areas of school buildings for purposes of loitering, card playing or any other activity not specifically authorized by the School or Park Department.

Section 7. Motorcycles and motor scooters are not permitted on school property including the roadway in the rear of the Arlington Senior High School building.

Section 8. Any person violating any of the foregoing section shall, for each offense, be punished by a fine of not more than twenty ($20) dollars.

Section 1. Every building hereafter erected on a public street, court or passageway 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.

Section 2. No permanent privy vault or cesspool shall hereafter be constructed in this Town without a permit from, and in accordance with the rules and regulations of the Board of Health.

Section 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, waste material of any kind, or other refuse whatever. Any person violating this section shall for each offense, be punished by a fine of twenty-five ($25) dollars for the first offense; and fifty (50) dollars for each additional offense.

Section 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.

Section 5. A clinic for the inoculation of dogs against rabies shall be established under the direction of the Board of Health. The Board of Health may establish a fee not exceeding five dollars ($5.00) to cover the cost of rabic vaccine, including other materials and other related charges required for each dog inoculated.

Section 6. A permit is required for removal of paint by abrasive blasting from any interior or exterior surface of any structure within the Town of Arlington. Such permits shall be granted in writing to the owner of the structure by the Board of Health only upon the following General Terms and Conditions, and subject to such other special terms and conditions as the Board of Health shall find necessary to protect the public health and welfare.

1. APPLICATION FOR PERMIT

Application for permit shall be in writing, on a form provided or specified by the Board of Health. Such application shall indicate test results for lead content done by a laboratory approved by the Board of Health.

2. LEAD CONTENT

In no case will permits be issued for wet or dry abrasive blasting of the interior or exterior surfaces of structures if the test results for lead indicate the presence of lead based paint.

3. EXTERIOR BLASTING

Exterior blasting in the absence of lead is allowed only under the following conditions:

A. Such blasting operations shall be sufficiently shrouded to contain particulate matter from entering the ambient air space, to prevent visible emissions beyond the vertically extended property line, to prevent public exposure to particulates, and to prevent deposition of particulate matter upon public and other private property.

B. There shall be no abrasive blasting whatsoever if the wind velocity exceeds twenty miles per hour.

C. Enclosure(s) shall not be removed until all external surfaces, including the ground in the vicinity, are thoroughly cleaned of all loose material attributable to the abrasive blasting operation.

4. INTERIOR BLASTING

Interior blasting in the absence of lead paint is allowed only under the following conditions:

A. All doors, windows, or any openings to the ambient air space must be sealed and/or shrouded to prevent particulates from entering the ambient air space, to prevent visible emissions beyond the vertically extended property line, to prevent public exposure to particulates, and to prevent deposition of particulate matter upon public and other private property.

B. All doors, joints, cracks and other openings adjacent to occupied offices or apartments shall be corked or otherwise sealed to prevent dust from entering said areas.

C. All openings to the ambient air space must remain sealed and/or shrouded during clean-up of abrasive and abraded materials and use of a covered chute with water spray must be used if said materials are deposited from the building to a receptacle below to prevent particulates from entering the ambient air space.

This permit shall be displayed in a conspicuous location during the abrasive blasting operation.

5. The permittee shall notify the Board of Health of the starting date of abrasive blasting operation.

6. There shall be a complete clean up of all removed paint, dust particles and/or abrasive materials within two hours of operation shutdown every day.

7. The Board of Health, upon its own initiative or upon application to it by any person, after due notice and public hearing, may vary any provision of these regulations as it may deem necessary with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustices or cause undue hardships, provided that the decisions of the Board shall not conflict with the spirit of these regulations. The burden of proof of the manifest injustice or causes of hardship shall be the responsibility of the applicant.

8. The permittee is responsible for compliance with all conditions and terms stated herein. Whoever violates this regulation shall be punished, for the first offense, by a fine of not less than fifty dollars nor more than one hundred dollars and for a subsequent offense, by a fine of not less than two hundred dollars nor more than five hundred dollars. For the purpose of this paragraph each day or part thereof of violation of this regulation, whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense.

9. Any of the following conditions shall be prima facie evidence of violation of this regulation.

Visible emission of particulate matter, beyond the vertically extended property line of the owner of the property on which abrasive blasting is permitted.

Deposition of visible amounts of particulate matter upon public or other private property.

Failure to obtain express written permission from the Board of Health to engage in an abrasive blasting operation, or after denial of such permission.

Section 1. The Town will accept and forever hold in trust, 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 graves therein, agreeable to the Provisions of the statutes of the Commonwealth; and will so accept for such care, preservation, improvement, or embellishment of any lot therein containing two hundred or more square feet, such sum not less than two hundred dollars ($200) as the board of cemetery commissioners may determine, and of any lot therein containing less than two hundred (200) square feet, the sum of one dollar ($1.00) for each square foot of such lot.

Section 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.

Section 3. Money and securities received under the provisions 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.

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.

Section 2. BILLBOARDS, SIGNS AND OTHER ADVERTISING DEVICES. No person, firm, association, or corporation shall erect, display, or maintain, within the limits of the Town, a billboard, sign, or other outdoor advertising device, unless it meets the following requirements or unless it was approved by the Massachusetts Outdoor Advertising Board under Section 30 and 32 of Chapter 93 of the General Laws, or by any amendments or additions thereto, in which case any such sign, billboard, or other outdoor advertising device shall comply with the requirements of this Section (2) two by January 1, 1973.

(a) Within fifty (50) feet of any public way;

(b) Within three hundred (300) feet of any public park, playground or other public grounds, if within view of any portion of the same;

(c) Nearer than fifty (50) feet to any other such billboard, sign or other advertising device, unless said billboards, signs or other advertising devices are placed back to back;

(d) On any location at the corner of any public way and with a radius of one hundred and fifty (150) feet from the point where the center lines of such ways intersect;

(e) Nearer than one hundred (100) feet to any public way, if within view of any portion of the same, if such billboard, sign or other advertising device shall exceed a length of eight (8) feet or a height of four (4) feet;

(f) Nearer than three hundred (300) feet to any public way, if within view of any portion of the same, if such billboard, sign or other advertising device shall exceed a length of twenty-five (25) feet or a height of twelve (12) feet;

(g) In any event if such billboard, sign or other advertising device shall exceed a length of fifty (50) feet or a height of twelve (12) feet; except that the Selectmen may permit the erection of billboards, signs or other advertising devices which do not exceed forty (40) feet in length and fifteen (15) feet in height if not nearer than three hundred (300) feet to the boundary line of any public way.

(h) No billboard, sign, or other advertising device shall be erected, displayed or maintained in any residence district or in any block in which one-half or more of the buildings on both sides of the street are used partially or wholly for residential purposes, or in any Planned Unit Development district.

(i) No billboard, sign, or other advertising device shall be erected, displayed or maintained until a license has been issued by the Board of Selectmen. Upon receipt of an application for a license to erect, display or maintain a billboard within the limits of the Town, the Selectmen shall hold a public hearing on said application in the Town, notice of which shall be given by posting the same in three or more public places in said Town at least one week before the date of such hearing, or by publication in a local newspaper of general circulation in the Town at least one week before the date of the public hearing. A written statement as to the results thereof shall be forwarded to the applicant containing, in the event of a disapproval of such application, the reasons therefor, within thirty days from the date of submission of the application to the Selectmen.

This By-Law shall not apply to signs or other devices erected and maintained in conformity with law, which advertise or indicate either the person occupying the premises in question or the business transacted thereon, or advertising the property itself or any part thereof as for sale or to let and which contain no other advertising matter.

Whoever violates any of the provisions of this By-Law shall be punished by a fine of not more than one hundred dollars ($100), and whoever, after conviction for such violation unlawfully maintains such billboard, sign or other outdoor advertising device for twenty (20) days thereafter shall be punished by a fine of not more than five hundred dollars ($500).

If any provision of this By-Law is declared unconstitutional or illegal by final judgment, order or decree of the Supreme judicial Court of the Commonwealth, the validity of the remaining provisions of this By-Law shall not be affected thereby.

Section 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.

Section 3a. PEEPING TOM. No person shall, not being an officer of the law acting in the performance of his legal duty, enter upon any premises or into any building in Arlington with the intention of peeping into any building, or part thereof, or spying upon any person therein.

Section 4. FIREARMS. No person shall, except in the performance 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.

Section 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.

Section 6. BEGGARS, SOLICITORS AND PEDDLERS. No person unless otherwise authorized shall go from place to place within the Town selling or bartering or carrying for sale or barter or exposing therefor or taking orders therefor any goods, wares, or merchandise, nor shall any person go from place to place within the Town begging or soliciting alms or contributions for any person, cause or organization, either on foot or from any animal or vehicle 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 with the honesty of the applicant, issue a permit for a period not exceeding twelve months, which must be shown on request, and shall state that said person has duly registered and is entitled to go from place to place within the Town for the purpose specified.

The Chief of Police may, however, authorize the director of any religious organization within the Town to solicit such contributions, etc., without having each solicitor under his direction registered.

Section 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 persons 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 person 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.

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 shopkeeper shall be sold until at least ten days from the date of its purchase or receipt have elapsed.

Section 7A. JUNK CARS Notwithstanding any other provision of the Bylaws to the contrary, no person shall park, store, leave or permit the parking, storing, or leaving of any motor vehicle of any kind which is unregistered and in an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled condition, whether attended or not, in open view upon any private property within the Town for a period of time in excess of ten (10) days except as same may be permitted by the provisions of Section 5.04, the Table of Use Regulations of the Arlington Zoning Bylaw. [ART. 31, A.T.M., 5/3/93]

Enforcement of the provisions of this section may in the first instance be pursued through the provisions of Section 21D of Chapter 40 of the General Laws which provides for noncriminal disposition procedure. Violations of this section will be punished by a fine of $50, each and every day that the violation exists to be considered a separate offense. The enforcing person shall be any police officer of the Town.

Section 8. No official or employee of the Town shall dispose of any material or other personal property belonging to the Town without permission being granted by a vote of the Town, subject to the following exception. Any department, board, or committee of the Town may sell or otherwise dispose of scrap material or other discarded personal property belonging to the Town which is within the jurisdiction or control of such department, board, or committee, provided such department , board, or committee in its sound discretion first determines that a just and reasonable value for such property does not exceed $500.

Section 9. Owners of land which has been excavated shall be required to erect barriers or take other suitable measures to protect persons from damages incident thereto, within five days after such owners have been notified in writing by the Selectmen, that, in their opinion, such excavation constitutes a hazard to public safety. The penalty for violation of this By-law shall not exceed two hundred ($200) dollars.

Section 10. LEASHING OF DOGS. No person owning or keeping a dog in the Town of Arlington shall permit such dog to be at large in the Town of Arlington elsewhere than on the premises of the owner or keeper, except if it be on the premises of another person with the knowledge and permission of such other person. Such owner or keeper of a dog in the Town of Arlington, which is not on the premises of the owner or upon the premises of another person with the knowledge and permission of such person shall restrain such dog by a chain or leash not exceeding six feet in length.

In any prosecution hereunder, the presence of such dog at large upon premises other than the premises of the owner or keeper of such dog shall be prima facie evidence that such knowledge and permission was not had.

Any dog found to be at large in violation of this By-Law shall be caught and confined by the dog officer who shall notify forthwith the licensed owner or keeper of said dog giving the owner or keeper a period of ten days within which to recover the dog. Return of the dog to the licensed owner or keeper shall be dependent on admission of ownership or the keeping of the dog and the assumption of responsibility by the licensed owner or keeper. The dog officer shall enter and prosecute a complaint against the owner or keeper of any dog taken into his custody under this section, as provided for in this By-Law.

A dog officer having custody of a dog confined under this By-Law shall be allowed the sum of two dollars per day for each day of confinement for the care of such dog, payable by the owner or keeper thereof.

Violations of the By-Law shall be punishable as follows: [Art. 40, A.T.M., 5/8/91]

First offense	Warning
Second offense	By a fine of $50.00
Third offense	By a fine of $75.00
Fourth and each subsequent offense	By a fine of $100.00

Section 10A.

(One) Duty to Dispose: It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his-her dog on any sidewalk, street or other public area in the Town. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his-her dog on any private property neither owned nor occupied by said person.

(Two) Duty to Possess Means of Removal: No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog. Furthermore, no person who owns, possesses or controls such dog shall appear with such dog on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog.

(Three) Method of Removal and Disposal: For the purposes of this regulation, the means of removal shall be any tool, implement, or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public. Disposal shall be accomplished by transporting such feces to a place suitable and regularly reserved for the disposal of canine feces, or as otherwise designated as appropriate by the Board of Health.

(Four) Fines for Violation: Violation of this by-law shall be punishable as follows: [ART. 40, A.T.M., 5/8/91]

First offense	By a fine of $75.00
Second offense	By a fine of $100.00
Third and each subsequent offense	By a fine of $150.00

(Five) Enforcement: Violation of this by-law shall be enforced in accordance with law, provided, however, that, if simultaneously with the issuance of a com-plaint hereunder, a complaint is issued pursuant to G.L., c.40, S.21D, and that complaint if disposed of pursuant to said act, the complaint issued hereunder shall be deemed disposed of.

(Six) Exemption: This regulation shall not apply to a dog accompanying any handicapped person who, by reason of his-her handicap, is physically unable to comply with the requirements of this By-Law, or to any individual who utilizes a guide dog.

(Seven) Severability: The provisions of this section are severable; and if any of the provisions of this section shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

Section 10B. LICENSING OF DOGS. A person who at the commencement of a license period is, or who during any license period becomes, the owner or keeper of a dog six months old or over which is not duly licensed, and the owner or keeper of a dog when it becomes six months old during a license period, shall cause it to be registered, numbered, described and licensed until the end of such license period, and the owner or keeper of a dog so registered, numbered, described and licensed during any license period, in order to own or keep such a dog after the beginning of the succeeding license period, shall before the beginning thereof, cause it to be registered, numbered, described and licensed for such period. [ART. 25, A.T.M., 4/27/88]

Enforcement of sections 10 and 10A, of the bylaws may, in the first instance, be pursued through the provisions of Section 21D of Chapter 40 of the General Laws, which provides for a non-criminal disposition. The enforcing persons shall be any police officer of the Town, any employee of the Board of Health, or any Animal Control Officer of the Town. [ART. 40, A.T.M., 5/8/91]

Section 11. CURBINGS FOR PARKING LOTS. No person, partnership, firm, or corporation maintaining a parking lot for automobiles or trucks abutting a public sidewalk shall permit the trucks or automobiles to extend into the public way over a sidewalk or street. To prevent any vehicle from extending from private property into a public way, the property owner shall install a curbing or bumpers on the private property to prevent the vehicle from extending into a public way and blocking a sidewalk or street. Owners of property abutting a public way maintaining an off street parking lot, truck storage area, or sales area displaying vehicles for sale abutting a public way shall install the required concrete curbing or bumpers within six months of the effective date of this By-Law, and further whoever violates a provision of this By-Law shall be punished by a fine of not more than $50.00 with each day of violation being considered a separate offense.

Section 12. COMMUNITY ANTENNA TELEVISION.

(a) DEFINITIONS: The following terms shall, for the purpose of this section, have the following meanings, unless the context otherwise requires:

(1) "Person" shall include a natural person and every form of organization incorporated or unincorporated, except the Town of Arlington.

(2) "Community antenna television system" or "CATV system," a facility which receives and amplifies the signals broadcast by one or more television stations and redistributes such signals to subscribing members of the public for a fixed or periodic fee, employing wires or cables passing along, over, under, across and upon streets, ways, lanes, alleys, parkways, bridges, highways and other public places, including property over which the town has an easement or right-of-way; it includes facilities which in addition to providing such reception, amplification and redistribution, are also used to originate and distribute program material and transmit any other intelligence by electronic impulses to such subscribers.

(3) "Permit" shall mean any license, franchise, or other form of permission granted, for the establishment of CATV system.

(c) TOWN AUTHORIZED TO ESTABLISH CATV SYSTEM: Notwithstanding the foregoing, the town, acting by and through the Board of Selectmen, under the authority of Section 6 or Article LXXXIX of the Amendments to the Constitution of the Commonwealth, is hereby authorized to establish and maintain a CATV system. The Selectmen may contract for or employ such persons as it deems necessary to establish, manage, operate or maintain the whole or any part of a CATV system, and to compensate persons for any services rendered or property delivered, provided that such compensation remains subject to appropriation by the town meeting and any borrowing remains subject to the laws relating thereto; and further provided that ownership of the assets shall not be alienated.

(d) PURPOSE: SEVERABILITY. The purpose of this section is to preserve and promote the peace, good order, safety, health, convenience and general welfare of the town. If any part thereof is held invalid, such invalidation shall not affect any other part.

Section 13. REGULATION OF MOTOR BOATS ON SPY POND.

The operation and use of any internal combustion engine greater than 10 horsepower in or upon the waters of Spy Pond shall be prohibited, except in cases of emergency; further, no powered recreation vehicles shall operate at speeds greater than 10 miles per hour, except in cases of emergency. Said By-Law shall become effective June 1, 1976. Each violation shall make a person liable to a penalty of not more than $50.00.

That Article 12e By-Laws be and hereby is amended by adding the following new Section thereto:

Section 14. SMOKING RESTRICTED. Sub-section B. As used herein "smoking" shall include carrying a lighted cigarette, cigar, pipe, or other tobacco product.

Sub-section C. No person, whether an owner, proprietor, manager, employee, patron, visitor, or customer, shall be permitted to smoke in any supermarket, grocery store, or other retail food store which is designed and arranged to display and sell food products for consumption off the premises by the general public; provided, however, that nothing herein shall prevent smoking in specially designated and properly ventilated areas within the aforementioned premises segregated from both the areas in which food is handled and the areas necessarily used by general shoppers. The foregoing prohibition shall not be applicable to restaurants, delicatessens, or any other establishment which are designed and arranged to sell food for consumption or use on the premises and which derive a substantial proportion of their income therefrom.

Sub-section D. No person shall smoke in any elevator accessible to the public.

Sub-section E. No person shall smoke in any town owned building, or in any lecture hall, classroom, library, theater, motion picture theater, opera house or concert hall. [ART. 29, A.T.M., 5/5/93]

Sub-section F. Every person having control of premises upon which smoking is prohibited by this By-Law, or his or her agent or designee, shall conspicuously display upon the premises a sign reading "Smoking Prohibited by Law".

Sub-section G. Any person who violates any provision of this bylaw section shall be subject to a fine of $20. Enforcement may in the first instance be pursued through the provisions of the non-criminal disposition procedure provided in Section 21D of Chapter 40 of the General Laws. The enforcing person shall be any police officer or health inspector of the Town. [ART. 29, A.T.M., 5/5/93]

Section 15.

(A) No filling station shall allow the pumping of gasoline for retail sale by any person other than an authorized attendant employee of said filling station.

(B) No attendant at any gasoline station shall permit any non-employee to pump gasoline or engage in any distribution of gasoline within the station.

Section 16. Hours of Operation - Retail Food Stores and Common Victuallers

Section 1. No person shall, except as hereinafter provided, sell any food at retail between the hours of 1:00 A.M. and 5:00 A.M.

Section 2. No store or place of business engaged in the retail sale of food shall, except as hereinafter provided, be open for transaction of retail business between the hours of 1:00 A.M. and 5:00 A.M.

Section 3. The term food used in this By-Law shall include any article or commodity, however stored or packaged, intended for human consumption.

Section 4. This Article shall apply to the sale of food when such sale is by a common victualler licensed under Chapter 140 of the General Laws.

Section 5. Violators of this Article shall be subject to a fine of $50. for each violation.

For purposes of this Article, every calendar day on which a store shall remain open shall be deemed a separate offense, and each separate sale of food shall be deemed a separate offense. In the event of sale of several items at one time to one customer, only one sale shall be deemed to have taken place.

Section 17. No person may maintain a kennel within the confines of the Town. A kennel shall include a collection of more than three dogs on a single premises over the age of four months old regardless of the purpose for which they are maintained.

Section 18. No person shall place on the Public Way or Private Way or any land abutting and within 15 feet of the Public Way or Private Way, or cause to be placed, any rubbish or other refuse intended to be removed by the Town before 6:00 P. M. on the date before the date appointed for pick-up of same if residential, or 6:00 A. M. of the date appointed for pick-up of same if commercial or industrial. Violations of same shall be punishable by a fine of $20.00. Enforcement of the By-Law may in the first instance be pursued through the provisions of Section 21D of Chapter 40 of the General Laws which provides for a non-criminal disposition. The enforcing person shall be any police officer of the Town. The Board of Selectmen is authorized to promulgate rules and regulations consistent with said section relative to the ticketing procedures to be utilized.

Section 19. The Minuteman Bikeway shall be open to the use of the public between the hours of 5:00 A.M. and 9:00 P.M. Anyone found on said premises between the hours of 9:00 P.M. and 5:00 A.M. shall be considered trespassers and subject to a fine of up to $20.

Section 20. No person shall operate on the Town portion of the Minuteman Bikeway any motorized vehicle including but not limited to any automobile, snowmobile, moped, motorbike or motorcycle. Violators shall be subject to a fine not to exceed $200.

Section 21A. The owner or occupant of any residentially zoned land abutting a paved sidewalk in the Town shall cause all snow and ice to be removed from said sidewalk by plowing, shoveling, scraping or otherwise so as not to damage such sidewalk, and within eight hours between sunrise and sunset after such snow and ice have come upon the sidewalk. Only so much of said sidewalk that shall afford a space wide enough to accommodate the passage of two pedestrians shall be required. Violations of this section shall be punishable by a fine of $10 per day that the snow and ice are not so removed.

Enforcement of this By-Law may in the first instance be pursued through the provisions of Section 21D of Chapter 40 of the General Laws, which provides for a noncriminal disposition. The enforcing person shall be any police officer of the Town. The Board of Selectmen is authorized to promulgate rules and regulations consistent with said section relative to the ticketing procedures to be utilized; the Board is also authorized to exempt citizens upon petition showing demonstrable extreme hardship due to a combination of health and financial duress.

Section 21B. The owner of any residential property utilized for apartment house or multi unit condominium use that abuts a paved sidewalk in the Town shall cause all snow and ice to be removed from the entire width of such sidewalk by plowing, shoveling, scraping or otherwise so as not to damage such sidewalk, and within the first three hours between sunrise and sunset after such snow and ice have come upon such sidewalk. Violations of this section shall be punishable by a fine of $10 for each day the snow and ice are not so removed.

Enforcement of this By-Law may in the first instance be pursued through the provisions of Section 21D of Chapter 40 of the General Laws, which provides for a noncriminal disposition. The enforcing person shall be any police officer of the Town. The Board of Selectmen is authorized to promulgate rules and regulations consistent with said section relative to the ticketing procedures to be utilized.

Section 22. BOARDED-UP WINDOWS IN COMMERCIAL PROPERTIES

First floor windows in buildings designed for or in non-residential use, shall not be covered or temporarily replaced by boards or similar materials for a period longer than seven days. Properties which have been damaged by fire or other cause such that the property is unable to be used and therefore must be secured for public safety may be excepted from the seven day limit by the Building Inspector. This section is not intended to apply to windows which are boarded up because of more extensive structural damage to the building which prevents the replacement of the window(s). Violations of this section shall be punishable by a fine of not less than $25.00 nor more than $50.00. Each day in excess of the seven day period shall be deemed a separate violation. [ART. 20, A.T.M., 4/29/92]

Section 23. The sale of cigarettes by machine is prohibited. Any person or entity that offers or permits the sale of cigarettes by machine on premises owned or controlled by said entity or person shall be punished by a fine of $50 for the first offense and $300 for each subsequent offense, each day thereof to be considered a separate offense. [ART. 8, S.T.M., 11/15/93]

Enforcement of this section may be undertaken pursuant to M.G.L. c.40 Section 21D, the non-criminal disposition procedure. The enforcing person shall be any police officer of the Town or any health inspector.

Section 1. Policy It is the intent of the Town that no more than two yard or garage sales per calendar year per address are permitted.

Section 2. Reporting The police will investigate all complaints of yard or garage sales and file a report according to established standard police department reporting procedures.

Section 3. Enforcement If it can be substantiated by said police records that a person or persons are attempting to conduct a third sale at a given address, the police will order that the sale be shut down immediately. Persons who fail to do so or attempt to re-establish a sale at a later time are subject to a fine of $200.

Section 4. Time Certain Discontinuance No sale shall continue in operation after 4:00 P.M. All unsold items or other objects associated with the sale will be stored out of public view by said time. Violations of this section shall be punishable by a fine of $50.

Enforcement of this Bylaw may in the first instance be pursued through the provisions of Section 21D of Chapter 40 of the General Laws, the non-criminal disposition procedure. The enforcing person shall be any police officer of the Town.

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.

Section 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 Code or the "National Electrical Code" and such other rules and regulations as are necessary in order to prevent or abolish any hazardous condition.

Section 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 notice shall indicate the general character of the proposed installation and the number, rating and kind of current consuming 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. Fees shall be charged in accordance with the schedule of Electrical Permit Fees in Article 15 of the By-Laws or take any other action.

Section 4. No conduit, either within or connecting two buildings, or any wiring within or between two buildings to by 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. Fees shall be charged in accordance with the schedule of Electrical Permit Fees in Article 15 of the By-Laws or take any other action.

Section 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.

Section 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.

Section 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.

Section 8. No two lines of poles bearing conductors of alike 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 feet of any catch basin or hydrant. All poles shall be suitably painted and kept in good condition to the satisfaction of the Inspector of Wires, and they shall be stenciled, marked or branded with the owner's name or initials at a point not less than five nor more than seven feet from the ground.

Section 9. Where possible, all poles must be uniformly spaced, and of a uniform height, and shall not be more than one hundred and eighty feet apart. No pole less than thirty-five feet long shall be set in the streets of this town, excepting poles for trolley span wires and poles used as ornamental lighting standards. All poles, except those used for ornamental lighting, shall be set not less than five feet in the ground under ordinary soil conditions and shall be stepped commencing eight feet from the sidewalk, such steps to be parallel with the sidewalk curbstone. Deviations from this rule may be permitted by the Inspector of Wires. Poles shall be set on lot lines or in positions which will cause a minimum interference with private driveways or walks. Extensions must not be made on any pole without the approval of the Inspector of Wires. The first gain on every pole which in accordance with the provisions of the National Electrical Safety Code would be designated for Class C circuits shall be reserved for the use of the signal wires of this town.

Section 10. Cross arms shall be painted with at least two coats of an approved paint. The name or initials of the owner shall be plainly indicated on every cross arm attached to a pole within the town by the use of a suitable tag or by painting, stenciling or branding them. Where wires of different ownership occupy the same cross arm, suitable tags bearing the name of the owner shall be attached to such wires at or near the insulator.

Section 11. No staple, ring, chain or other device shall be driven into or fastened to any pole for any purpose other than as required for the proper installation and maintenance of a pole and its attachments. No person shall deface any pole by the use of a linemen's spurs or otherwise below the lowest cross arm.

Section 12. New poles shall not be brought onto any street more than two days in advance of the time they are to be set and when old poles are taken down they must be removed from the street the same day. Old poles temporarily lashed or fastened to new poles pending the transfer of wires must be removed within thirty days of installation of new pole. When pole locations are abandoned a report of the same shall be made to the Inspector of Wires as soon as the work is completed.

Section 13. The first point of attachment to buildings of wires for light, heat or power service shall be not less than nine feet above the ground, or any platform, or structure on which a person may stand. All such wiring attached to and carried along the outside of any building shall be enclosed in an approved iron conduit.

Section 14. Street Railway Feeder Switch. All street railway companies operating within this town shall install suitable switches in the feeder or supply circuit of their system at such points as the Inspector of Wires shall designate.

Section 15. Any person aggrieved by the refusal of a permit or by an order requirement or direction under this article insofar as they may apply to the installation of wire within a building or structure, may, within ten days from the date of such refusal, order, requirement or direction, appeal therefrom to the Board of Appeals, provided in the Building Code of the Town of Arlington.

After notice given to such parties as the Board shall order, a hearing shall be had and the Board shall affirm, annul or modify such refusal, order, requirement or direction. If the refusal, order, or decision of the Inspector of Wires is confirmed, the ruling of the Inspector of Wires shall be final. If the action of the Inspector of Wires is modified or annulled, the Inspector of Wires shall issue a permit or order in accordance with the decision of the Board, provided, however, that no decision shall be made by the Board of Appeals that will modify the requirement of any general laws in regard to wiring of buildings or permit any change contrary to the requirements of the National Electrical Safety Code.

Section 1. It shall be the duty of the police to secure the observance of these By-Laws, and to make complaint against any person violating the same. Prosecutions for offenses 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.

Section 2. Whoever violates any provision of these By-Laws shall, in cases not otherwise provided for, forfeit and pay for each offense a fine not exceeding twenty dollars ($20.).

That Article 15 of the By-Laws be and hereby is amended by striking out the present basic fire code that reads as follows:

The Fire Prevention Code of the Town shall be the "Basic Fire Prevention Code" 1970 edition as published by the Building Officials Conference of America, Inc.

and by incorporating into said Article 15, by reference, the following new section:

The Fire Prevention Code of the Town shall be the BOCA Basic Fire Prevention Code / 1975 edition, as published by the Building Officials and Code Administrators International Inc. and containing the following insertions:

1. Insert "Town of Arlington" where the bracketed words "name of jurisdiction" appear in Section F-100.1 on Page 1 of the code.

2. Insert the words "Town of Arlington" in Appendix D, the second line of section 1 on Page 165 of the code.

3. Insert the word 'Massachusetts' in Appendix D, the third line of Section 6 on page 165 of the code.

4. Insert the date of adoption of the code in Appendix D, the third line of Section 20 on Page 167 of the code.

All by-laws regulating the construction and inspection of building is known as the Building Code which consists of the following:

(a) Appendixes A, B, and C of the former Building Code of the Town.

(b) The Basic Building Code, 197O Edition, as published by the Building Officials Conference of America, Inc., as amended by changes to the following sections:

100.1 Insert where the bracketed words "(name of municipality)" appear in two places, the words "Town of Arlington".

107.1 Building Official. - Replace this definition with the following definition: "The Inspector of buildings in the Department of Planning and Community Development of the Town of Arlington shall be known as the Building Official".

122.3 Violation Penalties: Any person who shall violate a provision of the Basic Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the building official or of a permit or certificate issued under the provisions of the Basic Code, shall be guilty of a misdemeanor, punishable by a fine of not less than $25.00 nor more than $50.00. Each day that a violation continues shall be deemed a separate offense.

123.2 Unlawful Continuance: Any person who shall continue any work in or about the building after having been served with a stop order, except such work as he is directed to perform to remove a violation or unsafe conditions, shall be liable to a fine of not less than $25.00 or more than $50.00. Each day that a violation continues shall be deemed a separate offense.

127.0 Board of Appeals.

A Board of Appeal is hereby established to consist of three members to be appointed by the Board of Selectmen, who shall designate the Chairman. All members of the Board shall be residents of the Town of Arlington , and one member thereof shall be an attorney-at-law, and at least one of the remaining members shall be an architect, civil engineer, or master builder. The appointments first made shall be for the term of one, two, and three years respectively, so that the terms of one member shall expire each year. All subsequent appointments shall be for the term of three years. The Board of Selectmen shall also appoint each year an associate member for the term of one year. No member shall act in any case in which he shall be interested, and in case any member shall be so disqualified, or because of absence from the town, or any other cause, he shall be unable to act, the remaining member shall, in a written statement, filed with the department, so certify, and the associate member shall act. Whenever said associate member shall serve, he shall have all the powers conferred upon a regular member. If two or more members are absent or disqualified, the Board of Selectmen may appoint substitutes to act during such absence or disqualification. Each member of the Board shall be paid ten dollars ($10.00) per meeting for actual service, but in no one year shall the total amount received by any one member exceed $200.00. Every decision of the Board shall be in writing and shall require the assent of at least two members (except as otherwise provided herein) and a copy thereof shall be filed forthwith in the office of Inspector of Buildings where a copy of the decision shall be kept publicly posted for at least two weeks.

Appeal.

Any applicant for a permit whose application has been refused by the Inspector of Buildings, or any person who has been ordered by the Inspector of Buildings to incur expense in connection with a structure, or any person dissatisfied with the decision of the Inspector of Buildings on a matter left by this Code to his approval or discretion, may appeal therefrom to the Board of Appeal within ten days from the date of said refusal, order, or decision. After notice given to such parties as the Board shall order, a public hearing shall be had and the Board shall affirm, annul or modify such refusal, order, or decision. If the action of the Inspector of Buildings is modified or annulled the Inspector of Buildings shall issue a permit or order in accordance with the decision of the Board.

Variations in Specific Cases.

The Board of Appeal may vary the provisions of this Code in specific cases which appear to them not to have been contemplated by this Code or in cases wherein its enforcement would involve practical difficulties or unnecessary hardship and wherein desirable relief may be granted without substantially derogating from intent and purpose of this Code but not otherwise. The decision in such cases shall be unanimous and shall specify the variations allowed and the reasons therefor; and shall be filed in the office of the Inspector of Buildings within ten days after the hearing. A certified copy shall be sent by mail or otherwise to the applicant.

301.1 Deleted - October 24, 1977.

521.9 Warehouse and Storage Ventilation.

All storage areas shall have an approved automatic fusible link ventilation system with one square foot of ventilation for each one hundred and fifty square feet of floor area.

1213.10 Main Control Valve.

Every sprinkler system shall be provided with a readily accessible out side screw and yoke valve or a post indicator gate valve to control all sources of water supply except that from the fire department connection.

1213.11 Nursing Homes.

Every convalescent or nursing home and every rest home shall install and be equipped with a complete automatic sprinkler system connected to an approved water supply system in accordance with the requirements of the National Fire Protection Association, said installation and equipment to be subject to the approval of the Fire Department and to be connected directly to the municipal Fire Alarm system through a master fire alarm box. In addition, every convalescent or nursing home and every rest home shall install a complete automatic smoke and/or heat detection system with said installation and equipment to be subject to the approval of the Fire Department and to be connected directly to the Municipal Fire Alarm system through a master fire alarm box. The required smoke and/or heat detection system shall be required on and after two years from the date of adoption of this section.

1213.12 Fire Protection Systems.

Any building in use as a multiple dwelling of more than six (6) units having a common basement or common hallway or in use as a boarding or lodging house having more than ten (10) occupants shall be protected throughout with a complete automatic sprinkler system connected to an approved water supply system, in accordance with the requirements of the National Fire Protection Association or a complete Automatic smoke and/or heat detection system. Either of the systems shall be subject to the approval of the Head of the Fire Department, and installed as specified. Every system shall be capable of automatically transmitting a signal through a master fire alarm box, either directly to the Fire Department through the municipal system, or to a central station supervisory system. Any building existing and in use for any purpose specified in this paragraph shall comply with this requirement not later than July 1, 1975.

Any building in existence and hereafter converted, or any new building hereafter constructed for business or industrial use, having more than three thousand (3,000) square feet of floor area shall be protected by the owner with a complete automatic sprinkler and alarm system or a complete automatic heat and/or smoke detection and alarm system as specified herein.

All schools, public or private, institutions, public buildings or places of assembly, constructed or converted after adoption of this section, shall be protected with a complete automatic sprinkler and alarm system or a complete automatic heat and/or smoke detection system and alarm system as specified in this section.

Equipment and Installation.

All equipment used shall be listed and approved by the Underwriters Laboratories and/or Factory Mutual and as approved by the Arlington Fire Department. Equipment shall be installed in accordance with practices outlined in the latest standard of the National Fire Protection Association.

Heat Detectors.

Rate of rise heat detectors shall be installed in utility rooms, service closets, basements, heating rooms, laundry rooms, hallways and stairways in a manner approved by the Fire Chief. Manual Pull Stations. Manual pull stations shall be located in the hallways and connected to the building fire alarm system. The number and location of such stations shall be determined by the Fire Chief.

Audible Warning Devices.

Audible warning devices such as horns shall be installed above each manual pull station. The warning devices must be audible throughout the building.

Master Alarm Boxes.

The master fire alarm box shall conform to Arlington Fire Department specifications. Where there is more than one multiple dwelling located so as to form a complex, one (1) master fire alarm box may be used provided that each building has its own annunciator panel with a visible flashing red light mounted near the main entrance; the light must indicate the location of the building sending in the alarm.

Annunciator Panels.

An annunciator panel of a positive indication type shall be required in each building,located adjacent to the master fire alarm box. In complexes having more than one building connected to the master fire alarm box, a separate annunciator panel will be located at each building adjacent to the main entrance.

Supervisory Panels.

A supervisory panel and auxiliary power source shall be provided to continue operation of the building fire alarm system during a loss of power.

Auxiliary power sources shall consist of rechargeable wet cell batteries or a stand-by generator. The supervisory panel shall supervise the condition of the auxiliary trip and may be incorporated in the auxiliary control panel.

System Approval.

A complete set of plans with a list of specifications shall be furnished to the Head of the Fire Department for approval. The approval of the type of system will be required before any interior wall sheathing is commenced. The Head of the Fire Department shall make available a complete list of specifications and regulations governing fire protection systems which are to be connected to the Arlington municipal fire alarm system.

The Fire Prevention Code of the Town shall be the "Basic Fire Prevention Code", 1970 Edition, as published by the Building Officials Conference of America, Inc.

Any subsequent amendment or revision to the Basic Building Code or the Basic Fire Prevention Code shall be made at a Town Meeting.

RULES APPLYING TO APPLICANTS FOR BUILDING PERMITS

On all type A, B and C construction projects, the following rules must be adhered to by the licensee when applying for his Building permit:

The applicant must submit a complete set of plans and specifications to the Building Inspector. Plans required are:

1. structural plans

2. mechanical engineering plans

3. site plan showing all utilities and drainage

4. soils report

5. a comprehensive set of specifications

6. architectural plans.

All plans submitted to the Building Inspector must contain the stamp of a registered architect and a registered engineer.

The working plans as submitted to the Building Inspector must be routed through the Town Engineer's office, the Fire Chief's office and the office of the Director of Properties and Natural Resources and the Public Works Department.

Each of the departments as aforementioned must indicate its respective approval on the plan or plans by making an impression on said plan or plans with the respective departmental stamp or by having the department head sign said plan or plans. Comments or suggestions, either in the event of approval or non-approval by the respective department of the plan or plans, may be made on a separate sheet of paper.

The Building Inspector shall require that the licensee at various stages of construction submit an Affidavit to the effect that the construction work to that point in time is in accordance with the plans and specifications as submitted to the Building Inspector at the time of application for the building permit. A foundation permit shall be issued prior to a building permit being issued and the building permit shall be issued only after inspection if the foundation as laid to insure that said foundation has been laid in accordance with the plans submitted at the time of application. The licensee shall cause a registered land surveyor to certify to the Building Inspector that the building in question is to be placed on the particular parcel of land in conformity with the Town of Arlington Zoning By-Law. The site in question should be examined by the Building Inspector after the foundation has been laid, and at this time the licensee and his registered land surveyor must submit an Affidavit stating that the foundation has been laid in accordance with the plans submitted to the Building Inspector at the time of application for the Building permit. There must be at least two copies of each plan or report submitted to the Building Inspector by the applicant at the time of application for the building permit.

The Engineering, Fire, Building Inspector's and other applicable departments may examine and study any plans submitted by the applicant up to a maximum of 30 days from date of submission to the Building Inspector.

PROSPECTIVE BUILDER TO BE LICENSED IN CERTAIN DESIGNATED SITUATIONS

In certain designated situations it shall be required that a prospective builder be licensed, or have a licensed Superintendent on the job during all working construction hours, in order to construct a building in the Town. The designated situations are found in the Commonwealth of Massachusetts State Building Code, pages 2-28 through 2-36. Licenses will be issued for eight distinct building situations in the following manner:

Class A Issuance of a "Class A" License will allow the holder of the license to conduct Type 1, 1A, 1B construction, as defined on pages 2-28 through 2-36 of the Commonwealth of Massachusetts State Building Code.

Class B Issuance of a "Class B" license will allow the holder of the license to conduct Type 2, 2A, 2B, and 2C construction as defined on pages 2-28 through 2-36 of the Commonwealth of Massachusetts State Building Code.

Class C Issuance of the "Class C" license will allow the holder of the license to conduct Type 3A, 3B, and 3C construction as defined on pages 2-28 through 2-36 of the Commonwealth of Massachusetts State Building Code.

Class D Issuance of a "Class D" license will allow the holder of the license to conduct Type 4A and 4B construction as defined on pages 2-28 through 2-36 of the Commonwealth of Massachusetts State Building Code.

Class E Issuance of a "Class E" license will allow the holder of the license to conduct "Take down of Buildings" of Type 1 and Type 2 construction as defined on pages 2-28 through 2-36 and all other regulations contained in the Commonwealth of Massachusetts State Building Code.

Class E-1 Issuance of a "Class E-l" license will allow the holder of the license to conduct "Take down of Buildings!' of Type 3 and 4 construction as defined on pages 2-28 through 2-36 and all other regulations contained in the Commonwealth of Massachusetts State Building Code.

Class F Issuance of "Class F" license will allow the holder of the license to conduct "Roofing" on Types 1, 2, 3 and 4 construction in accordance with the Commonwealth of Massachusetts State Building Code and good construction procedure.

Class G Issuance of a "Class G" license will allow the holder of the license to erect and construct all types of swimming pools in accordance with the Commonwealth of Massachusetts State Building Code regulations.

In lieu of Class D through G licenses, the Town of Arlington will honor or accept the Massachusetts State Builder's license for construction in accordance with Section 109.0 (Rules and Regulations), Subsection 109.1.1, 'Licensing of Construction Supervisors' and Appendix Q, "Rules and Regulations for Licensing Construction Supervisors"of the Massachusetts State Building Code, except that licenses obtained under the provisions of paragraph 1.8.1 ('Existing licensed Construction Supervisors') or paragraph 2.1.1 ('Any person meeting one of the following requisites shall be licensed by the Board without testing until December 31, 1981.') shall not be so honored or accepted."

As defined in the Commonwealth of Massachusetts State Building Code, pages 2-28 through 2-36, all Type 1 or Class A construction must be Fireproof construction; all Type 2 or Class B construction must be at least Non-combustible construction; all Type 3 or Class C construction must be at least Exterior Masonry Wall construction; and all Type 4 or Class D construction shall be frame type construction. The Board of Examiners may delegate to the Inspector of Buildings the authority to issue licenses for Class E through Class G by a concurring vote of all members of the Board of Examiners. Any person aggrieved by a decision of the Inspector of Buildings regarding issuance of licenses may appeal to the Board of Examiners.

CREATION OF A BOARD OF EXAMINERS TO LICENSE BUILDERS AND SUPERINTENDENTS

A. A Board of Examiners, consisting of three members plus three alternates, be established forthwith. The serving members shall at all times include an architect, an engineer, and a person having appropriate experience in the building and contracting field, to the satisfaction of the Town Manager. All members of the aforementioned Board are to be appointed by the Town Manager subject to the approval of the Board of Selectmen. The terms of office for the respective examiners shall initially be three-, two- and one-year terms, and the Town Manager shall allocate the particular term of office to the particular appointee as he chooses upon the initial creation of the Board.

B. There shall be appointed a Clerk of the aforementioned Board of Examiners, and said Clerk shall be an employee of the Building Department for the Town of Arlington.

C. Upon the expiration of the term of office of a member of the Board of Examiners, his successor shall be appointed for the term of three years, and subsequent appointments of the Board shall be for terms of three years each. The Town Manager shall make all appointments to the Board of Examiners subject to the approval of the Board of Selectmen whether in the initial instance or in the case of vacancies occurring subsequent to the creation of the Board.

D. The Board of Examiners shall hold examinations in accordance with rules and regulations adopted by said board, prior to the issuance of Class A, B, C or D licenses to prospective builders. (See Section "G") Notice of the time and place of examination shall be posted in the office of the Building Inspector.

E. Following examination, the Board of Examiners shall determine whether the applicant is qualified to be registered as a builder in the respective Class applied for. The name and address of the successful applicant, together with his Class designation, shall be certified by the Board of Examiners to the Town Building Inspector who shall keep a record of such certification. The aforementioned record, maintained by the Building Inspector, shall be open to public inspection.

F. Following adoption of the within procedures and regulations by Town Meeting, it shall be considered a violation of the Commonwealth of Massachusetts State Building Code and the By-Laws of the town for a builder to erect, enlarge, repair, move and demolish buildings and structures without being properly licensed. Such aforementioned work shall be performed under the direct control and personal supervision of the licensee and said work shall further be performed in a manner designed to preserve the public safety, and in accordance with the Commonwealth of Massachusetts State Building Code and the By-Laws of the town.

G. Any prospective builder who shall, by Affidavit together with such other evidence as may be required by the Board of Examiners, demonstrate that he has been in control of construction projects, which factually come within the specifications of the particular Class for which he has made application, and who shall satisfy the Board that he is qualified by education, training and experience to be licensed in the Class applied for, may be so licensed and certified to the Building Inspector without the necessity of his taking the examination as aforementioned.

G 1. Any prospective builder applying for a Class D License who shall present a Massachusetts State Builder's License for construction obtained by examination in accordance with Appendix Q, 'Rules and Regulations for Licensing Construction Supervisors' of the Massachusetts State Building Code, may be so licensed and certified to the Building Inspector without the necessity of his taking the exam as aforementioned.

H. The Board of Examiners shall, upon payment of the required fee by the licensee, issue a license to each person certified by it to the Building Inspector. Each license issued shall expire one year from date of issue and may be renewed at expiration upon payment of the required fee for the further period of one year from date of renewal.

I. (Deleted, Article 3, Special Town Meeting, November 30, 1988)

J. Any person who is duly licensed as aforesaid shall be entitled to have control of any construction works which is the subject of either a Class A, B, C, D, E, E-1, F or G license in accordance with his particular class designation. Any of the aforementioned licenses may be revoked or suspended for cause. "Cause" is defined as specific charges filed with the Board of Examiners by the Building Inspector, which demonstrates to said Board of Examiners that the licensee has neglected to adhere to Town By-Laws and the Commonwealth of Massachusetts State Building Code pertaining to the construction in issue. The Building Inspector is herewith designated as the person empowered to file the aforementioned charges with the Board, and as the person empowered to present said charges at a duly called hearing before the Board of Examiners.

K. Upon the filing of specific charges before the Board of Examiners by the Building Inspector, said Board shall select a time and place for hearing of the charges and shall give the particular licensee at least seven days notice of such time and place of hearing. Such notice shall be served or sent to the licensee, either by service in hand by a constable or by registered mail, and said notice shall state the time and place of hearing, and shall contain the specific charges which are to be presented at the hearing. The particular licensee may be represented by counsel, and the Building Inspector may be assisted by the Town Counsel at the Hearing of the charges.

L. If, for any cause, a licensee shall cease to have control of construction work for which he has been licensed, before such work is substantially completed, the construction work shall immediately cease until another properly licensed individual replaces him on the job.

M. Notwithstanding any contrary provisions of this By-Law but subject to all other applicable laws, the Board of Examiners may exempt from the requirement of obtaining a license homeowners who propose to personally construct minor additions or minor alterations to the homes in which they reside. The Board is empowered to adopt rules and regulations consistent with the purpose of this subsection.

Section 1. Intent and Purpose This Bylaw is adopted for the purpose of preserving and protecting, through advance notice of their proposed demolition, significant buildings within the Town which constitute or reflect distinctive features of the architectural, cultural, political, economic or social history of the Town, to encourage owners of preferably-preserved significant buildings to seek out persons who might be willing to purchase and to preserve, rehabilitate, or restore such buildings rather than demolish them, and by furthering these purposes to promote the public welfare, to preserve the resources of the Town, and to make the Town a more attractive and desirable place in which to live. To achieve these purposes, the Arlington Historical Commission is empowered to advise the Arlington Building Inspector with respect to the issuance of permits for demolition, and the issuance of demolition permits for significant buildings is regulated as provided in this Bylaw.

Section 2. Definitions The following terms, when used whether or not capitalized in this Bylaw, shall have the meanings set forth below, unless the context otherwise requires.

2.1 "Building" - Any combination of materials forming a shelter for persons, animals or property

2.2 "Significant Building" - any building

(a) which is listed on, or is within an area listed on, the National Register of Historic Places, or which is the subject of a pending application for listing on said National Register, or

(b) which is or has been listed on an Inventory provided to the Building Inspector by the Commission

2.3 "Preferably-Preserved Significant Building" - any significant building which the Commission determines is in the public interest to be preserved or rehabilitated rather than to be demolished

2.4 "Commission" - the Arlington Historical Commission

2.5 "Commission Staff" - the chairperson of the Commission, or any person to whom the chairperson has delegated authority to act as Commission staff under this Bylaw

2.6 "Inventory" - a list of buildings on file at the Massachusetts Historical Commission that have been designated by the Commission to be significant buildings after a finding by the Commission that a building either

(i) is importantly associated with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the Town or Commonwealth, or

(ii) is historically or architecturally significant (in terms of period, style, method of building construction, or association with a famous architect or builder) either by itself or in the context of a group of buildings

2.7 "Building Inspector" - the person occupying the office of Building Inspector or otherwise authorized to issue demolition permits

2.8 "Application" - an application for a permit for the demolition of a building which shall include a photograph of the building taken within the past year [ART. 24, A.T.M., 5/1/89]

2.9 "Permit" - A permit issued by the Building Inspector for demolition of a building pursuant to an application therefor

2.10 "Demolition" - the act of pulling down, destroying, removing, or razing a building, or commencing the work of total or substantial destruction with the intent of completing the same. A structure is considered to be demolished if it is destroyed due to the owner's failure to maintain a watertight and secure structure. [ART. 31, A.T.M., 4/25/90] A structure shall also be considered to be demolished if more than twenty-five percent (25%) of the front or side elevations are removed or covered. Each elevation shall be calculated separately

2.11 "Business Day" - a day which is not a legal municipal holiday, Saturday or Sunday

Section 3. Procedure

3.1 The Building Inspector, on the day of receipt of an application for demolition of a listed significant building or within the next five successive business days, shall cause a copy of each such application for a demolition permit to be

forwarded to (or shall satisfy himself that a duplicate of such application has been submitted to) the Commission. No demolition permit shall be issued at that time. [ART. 24, A.T.M., 5/1/89]

Within five business days of the receipt by the Building Inspector of said application he shall personally inspect the site of the proposed demolition to verify the accuracy of the information contained in the application with particular attention to the correctness of the address listed.

3.2 The Commission shall fix a reasonable time, within 30 days of receiving a copy of such application, for a hearing on any application and shall give public notice thereof by publishing notice of time, place, and purpose of the hearing in a local newspaper at least fourteen days before said hearing and also, within seven days of said hearing, mail a copy of said notice to the applicant, to the owners of all property deemed by the Commission to be affected thereby as they appear on the most recent local tax list, to the Arlington Historic Districts Commission and to such other persons as the Commission shall deem entitled to notice.

3.3 If, after such hearing, the Commission determines that the demolition of the significant building would not be detrimental to the historical or architectural heritage or resources of the Town, the Commission shall so notify the Building Inspector within ten (10) days of such determination. Upon receipt of such notification, or after the expiration of fifteen (15) days from the date of the conduct of the hearing if he has not received notification from the Commission, the Building Inspector may, subject to the requirements of the State Building Code and any other applicable laws, bylaws, rules and regulations, issue the demolition permit.

3.4 If the Commission determines that the demolition of the significant building would be detrimental to the historical or architectural heritage or resources of the Town, such building shall be considered a preferably-preserved significant building.

3.5 Upon a determination by the Commission that the significant building which is the subject of the application for a demolition permit is a preferably-preserved significant building, the Commission shall so advise the applicant and the Building Inspector, and no demolition permit may be issued until at least twelve months after the date of the application for demolition. [ART. 31, A.T.M., 4/25/90]

3.6 Notwithstanding the preceding sentence, the Building Inspector may issue a demolition permit for a preferably-preserved significant building at any time after receipt of written advice from the Commission to the effect that either

(a) the Commission is satisfied that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase, preserve, rehabilitate or restore such building, or

(b) the Commission is satisfied that for at least twelve months the owner has made continuing bona fide and reasonable efforts to locate a purchaser to preserve, rehabilitate and restore the subject building, and that such efforts have been unsuccessful. [ART. 31, A.T.M., 4/25/90]

3.7 No permit for erection of a new structure on the site of an existing significant building may be issued prior to issuance of a permit for demolition of such existing building.

3.8 No permit for erection of a new building, paving of drives or for parking shall be issued for two (2) years if a structure is demolished in violation of this bylaw. [ART. 31, A.T.M., 4/25/90]

Section 4. Emergency Demolition Nothing in this article shall be construed to derogate in any way from the authority of the Inspector of Buildings derived from Chapter 143 of the General Laws. However, before acting pursuant to this chapter the Inspector of Buildings shall make every reasonable effort to inform the Chairperson of the Historical Commission of his intentions to cause demolition before he initiates same.

Section 5. Historic Districts Act Nothing in this bylaw shall be deemed to conflict with the provisions of the Historic Districts Act, General Laws, Chapter 40C, with respect to requirements as to notice, hearing and issuance by the Arlington Historic District Commissions of a certificate of appropriateness, a certificate of non-applicability or a certificate of hardship prior to demolition of any building in an historic district, [ART. 31, A.T.M., 4/25/90] provided, however, that any temporary building erected or maintained in an historic district pursuant to a certificate issued by the Arlington Historic District Commissions may be demolished in a manner not inconsistent with the terms of said certificate.

Section 6. Severability If any section, paragraph or part of this Bylaw is for any reason declared invalid or unconstitutional by any court, every other section, paragraph and part shall continue in full force and effect.

Section 1. Department of Civil Defense. There is hereby established a department of civil defense (hereinafter called the "department"). It shall be the function of the department to have charge of civil defense as defined in Section 1, Chapter 639, Acts of 1950 and to perform civil defense functions as authorized or directed by said chapter or by any and all executive orders or general regulations promulgated thereunder, and to exercise any authority delegated to it by the governor under said Chapter 639.

Section 2. Director of Civil Defense. The department shall be under the director of a director of civil defense (hereinafter called the 'director') who shall be appointed as prescribed by law. The director shall have direct responsibility for the organization, administration and operation of the department, subject to the direction and control of the appointing authority, and shall receive such salary as may be fixed from time to time by the appointing authority. The director, may, within the limits of the amount appropriated therefor, appoint such experts, clerks and other assistants as the work of the department may require and may remove them, and may make such expenditures as may be necessary to execute effectively the purposes of Chapter 639, Acts of 1950.

The director shall also have authority to appoint district coordinators and may accept and may receive, on behalf of the town, services, equipment, supplies, materials or funds by way of gift, grant or loan, for purposes of civil defense, offered by the federal government or any agency or officer thereof or any person, firm or corporation, subject to the terms of the offer and the rules and regulations, if any, of the agency making the offer. The director shall cause appropriate records to be kept of all matters relating to such gifts, grants or loans.

Section 3. Civil Defense Advisory Council. There is hereby established a civil defense advisory council (hereinafter called the "council"). Said counsel shall serve without pay and shall consist of the director of civil defense, such other department heads and such other persons as the authority appointing said director may deem necessary, Such member of said council as said appointing authority shall designate shall serve as chairman of said council. Said council shall serve subject to the direction and control of the appointing authority and shall advise said appointing authority and the director on matters pertaining to civil defense.

Section 4. Police Aid to other Cities and Towns in Event of Riots or other Violence Therein. The police department is hereby authorized to go to aid another city or town at the request of said city or town in the suppression of riots or other forms of violence therein.

Section 5. Termination of By-Law. This By-Law shall remain in force during the effective period of Chapter 639, Acts of 1950 and any act in amendment or continuation or substitution therefor, or until repealed by a two-thirds vote of a representative town meeting duly called for such purpose.

Section 6. Definition. All references to Chapter 639, Acts of 1950, as now in force, shall be applicable to any act or acts in amendment or continuation of or substitution for said Chapter 639.

There shall be a Council on Aging consisting of not less than three nor more than nine members who shall be registered voters of the Town and who shall be appointed by the Town Manager, with the approval of the Board of Selectmen, [ART. 18, A.T.M., 4/27/92] for the purpose of coordinating or carrying out programs designed to meet the problems of the aging in co-ordination with programs of the Commission on Aging established under Section 73 of Chapter 6 of the General Laws of Massachusetts.

Section 1. A long-range capital planning program to serve as a guideline for capital improvements in the town shall be prepared each year in writing by the Town Manager subject to the approval of the Board of Selectmen. Development of the program shall take into account the annual written recommendation made by a Capital Planning Committee, established herein.

Section 2. The Capital Planning Committee shall be concerned with physical facilities such as land, buildings, or other structures, and pieces of equipment which require a relatively large investment and have a relatively long useful life.

Section 3. The Capital plan shall specify a detailed program of capital expenditures by fiscal year, over a period of five (5) years from the date set forth herein, and shall specify the methods of financing the proposed capital improvements. It shall summarize in more general terms the major improvements anticipated during the five-year period.

Guidelines for the planning process, defining which constitutes a capital improvement for purposes of this Article, specifying minimum cost and useful life of capital improvements to be considered in the program, the proportion of the total budget to be devoted to outstanding and current capital projects and any restrictions on methods of financing, shall be established on the recommendations of the Capital Planning Committee.

Section 4. The first capital plan covering the fiscal years 1988-1992 inclusive shall be submitted by the Town Manager to the Board of Selectmen at the same time as the submission of the FY '88 annual budget and shall take effect, once approved, on July 1, 1987. The first capital plan and an updated five year plan shall be submitted each year as aforesaid, and included in the Warrant for consideration by the Annual Town Meeting.

Section 5. There is hereby established a Capital Planning Committee consisting of the Town Manager, the Superintendent of Schools, the Town Treasurer, the Comptroller, or their designees, a member of the Finance Committee and four and four registered voters of the town appointed by the Moderator. [ART. 24, A.T.M., 5/3/93] The Finance Committee and Moderator appointed members shall serve for a three year term commencing July 1, 1986, and said members shall be eligible for reappointment. A vacancy shall be filled for the unexpired term in the manner of the original appointment. The committee shall choose its own officers. It may spend such sums as shall be annually appropriated.

Section 6. Nothing in this Article shall be construed as preempting or diminishing the statutory prerogatives of the Town Manager or the Board of Selectmen.

Section 1. No person shall offer food for sale to the public in a food service establishment, as hereinafter defined, unless licensed as a Common Victualler or an innholder under the provisions of c. 140 of the General Laws, without first obtaining a Food Vendor's License under the provisions of this by-law. Any person who violates this section shall be liable to a fine of $50. per violation. Each day of operation without a Food Vendor's License shall constitute a separate violation.

Section 2. Food service establishment shall include any fixed or mobile place, structure or vehicle, whether permanent, transient, or temporary, private, public, or non-profit, routinely serving the public; or any other eating and drinking establishment or place in which food or drink is prepared for sale or for service to the public on the premises or elsewhere.

Section 3. Each applicant for such license shall submit, on forms to be provided by the Selectmen, the following information: name and address of applicant, name and address of place of business, evidence, in form satisfactory to the Selectmen, that the applicant has upon the premises the necessary implements and facilities for cooking, preparing and furnishing food to the public, and such other information as the Selectmen shall require. The Selectmen may require applicants to submit detailed plans and specifications showing, if any, the location of fixtures and other facilities and the general arrangement of the premises, including, in the case of applications for premises not yet completed, estimates of the cost of the proposed arrangement and of the facilities indicated on the plan. The Selectmen may require detailed plans for ongoing upkeep and maintenance consistent with standards necessary for sanitation and safety. Such plans shall include a listing of facilities for cleaning of all utensils, refrigerator and food storage areas. In the event of a proposed sale of a business requiring a Food Vendor's License or a Common Victualler's License, an application for a transfer of either of said licenses will be deemed to be an application for a new license, subject to the rules and regulations herein contained, and the owner of such business shall be required to file with the Selectmen a thirty day notice of his intention to sell same before such application will be acted upon by the Selectmen.

Section 4. Such license shall not be issued or be valid until it has been signed by a majority of the Selectmen. The Selectmen may refuse to grant such a license if, in their opinion, the public good does not require it.

Section 5. Food Vendors Licenses shall be valid for a term of one year from the first day of January until the 31st day of December. A non-refundable fee of $50.00 shall be submitted with the application for such license. Any license issued during the year shall expire on the 31 st day of December and the fee shall not be prorated. The Selectmen may, in their discretion, suspend the requirement of the fee for schools, hospital, church, municipal, civic or fraternal organizations.

Section 6. If, in the opinion of the Selectmen, a licensee ceases to be engaged in the activity licensed hereunder, or fails to maintain upon the premises on which such activity is licensed the implements and facilities required by this By-Law, the Selectmen shall immediately revoke the license.If the licensee al anytime conducts the licensed business in an improper manner, the Selectmen, after notice to the licensee and public hearing may, upon satisfactory proof thereof, suspend or revoke the license."

Section 7. The Selectmen are authorized to decline to issue a license when in the Board's judgment, based upon good and sufficient reason, said issuance would not be in the best interests of the Town.

Section 1. CLASSIFICATION: The Town Engineer and the Director of Public Works upon request of the Board of Selectmen acting in its capacity as the Board of Public Works shall recommend the classification of private ways in the Town according to the state of their construction and repair. The Board may then adopt such classifications with any modifications it may deem appropriate.

Section 2. DEFINITION AND AUTHORIZATION: The Board may vote to direct the Town Manager to make temporary repairs to private ways. Temporary repairs shall be limited to the filling of potholes, temporary patching, skimcoating, armor coating and grading of dirt roadways providing however, [ART. 20, A.T.M., 5/4/92] in the case of said grading, the petitioners agree to enter into a contract with a private contractor or the Town to pave the roadway forthwith. Drainage shall not be included.

Section 3. CRITERIA: The Board shall in making its determination as to the advisability of making temporary repairs take into consideration the following factors:

a. The accessibility of the properties on the private ways to emergency vehicles such as police, fire and rescue.

b. The volume of traffic that utilizes the private way i.e. deadend as opposed to feeder or connecting streets.

c. The percentage of abutters on the particular private way petitioning the Board for the repairs.

d. The number of years that the way shall have been open to public use.

e. Such other considerations that the Board deems appropriate.

Section 4. PETITION: The Board of Selectmen shall consider any private way or portion thereof for temporary repairs after having been petitioned to do so by at least two-thirds of the total number of abutting property owners on the Private Way who directly abut the portion to be considered for temporary repairs.

The Board may after careful consideration, elect to do the entire portion which was petitioned for, or a lesser portion, provided at least two-thirds of the abutting property owners on the lesser portion to be done are in favor of such action. The Board shall upon receipt of a petition with at least two-thirds of the abutters' signatures affixed thereto shall hold a public hearing on the advisability of ordering the repairs and the kind and extent thereof. All abutters shall be given written notice of the hearing not less than seven (7) days prior thereto.

Section 4A. ALTERNATE PETITION: Notwithstanding the provisions of Section 4 above, the Board may also consider a number of private ways for repair as a whole project when these private ways are ways where a majority of abutters are members of an association of abutters whose major purpose has been the maintenance and repair of those ways upon which these members' properties abut. The Board may only consider these private ways to be repaired as a whole project when having been petitioned by two-thirds of the total number of abutters who abut all of the ways represented by the association. The Board upon receipt of such a petition shall hold a public hearing on the advisability of ordering the repairs and the kind and extent thereof. All of the abutters on all of the ways represented shall be given written notice of the hearing not less than seven days prior thereto.

Section 5. ASSESSMENT OF COSTS: The costs of all labor and materials and processing shall be assessed equally to all abutters on the private way, or portion thereof, or if the Board votes to order any repairs pursuant to a petition filed under Section 4A all the abutters on all the private ways to be repaired without regard to linear frontage.

A one-third deposit of the total estimated cost of the completion of the repair project shall be required before any work can be commenced. All remaining costs shall be apportioned, assessed and collected on a per-property basis pursuant to the procedures provided in Chapter 80 of the General Laws, the Betterment Act, including the placing of liens on the affected property and the collection of apportioned costs by means of property tax collection. Any and all such deposits shall be deducted from the equalized share of the property owners actually paying.

Section 6. LIABILITY: There shall be a limitation of liability on the Town of Five Hundred ($500.00) Dollars for any damages arising from any negligent repair of the private way which shall include damage from surface water run-off. [ART. 19, A.T.M., 5/4/92] No repair shall be commenced until all the petitioners have signed an agreement with the Town holding the Town harmless from any additional damages arising from any negligent repair and providing evidence of insurance to the satisfaction of the Town. However, nothing in this paragraph shall excuse the Town from damages to property caused by the Town or agents thereof, during the repair process.

Section 1. There is hereby established a Public Memorial Committee established for the purpose of memorializing and officially recognizing those persons whose exemplary accomplishments have reflected credit and honor upon the Town of Arlington, in accordance with certain criteria established and set forth in writing by the Committee. Said Committee shall be the official source for memorialization of persons by the Town.

Section 2. The Committee shall consist of five registered voters of the Town, to be appointed by the Board of Selectmen. Two shall be appointed for a term of three years and two for a term of two years and one for a term of one year; all to serve until their respective successors are duly appointed and qualified. Thereafter, the said appointing authority to appoint annually such number of members as there are terms expiring in such year to serve for a period of three years and until their respective successors shall be duly appointed and qualified; vacancies to be filled by appointment in the same manner as original appointments for the period of the unexpired term; said Committee to choose annually from its members such officers as it shall deem advisable. No member of the Committee shall be an employee of the Town of Arlington or the Commonwealth of Massachusetts.

Section 3. The Committee shall be empowered to appoint a veterans' subcommittee composed of one representative from each of the veterans' organizations within the Town; said subcommittee to make recommendations of individuals to be considered by the Committee for memorialization as a result of exemplary military service.

Section 4. The Committee shall also be empowered to appoint any other sub-committees which it deems necessary to assist in its work.

All Town Officers shall pay all fees received by them by virtue of their office into the Town Treasury. [ART. 24, A.T.M., 5/4/92]

Section 1. OFFICE OF THE TOWN CLERK

A. For filing and indexing assignment for the benefit of creditors .$15.00

B. For entering amendment of a record of the birth of an

illegitimate child subsequently legitimized . . . . . .$15.00

C. For correcting errors in a record of birth . . . . . . .$15.00

D. For furnishing certificate of birth . . . . . . . . . .$6.00

E. For furnishing an abstract copy of a record of birth . . . .$4.00

F. For entering delayed record of birth . . . . . . . . .$15.00

G. For filing certificate of a person conducting business

under any title other than his real name . . . . . . .$15.00

H. For filing by a person conducting business under any title

other than his real name of statement of change of his resi-

dence, or of his discontinuance, retirement or withdrawal

from, or of a change of location of such business . . . .$10.00

I. For furnishing certified copy of certificate of person

conducting business under any title other than his real

name or a statement by such person of his discontinuance,

retirement or withdrawal from such business . . . . .$6.00

J. For recording the name & address, the date and number

of the certificate issued to a person registered for the

practice of podiatry in the commonwealth . . . . . .$20.00

K. For correcting errors in a record of death . . . . . . .$15.00

L. For furnishing a certificate of death . . . . . . . . .$6.00

M. For furnishing an abstract copy of a record of death . . .$4.00

N. For issuing & recording licenses to keepers of

intelligence offices . . . . . . . . . . . . .$50.00

O. For issuing & recording licenses to keepers of billiard

saloons, pool or sippio rooms or tables, bowling alleys, etc.

1st table or alley . . . . . . . . . . . . .$60.00

for each additional table or alley . . . . . . . . .$25.00

P. For entering notice of intention of marriage and issuing

certificates thereof . . . . . . . . . . . . .$15.00

Q. For entering certificate of marriage filed by persons

married out of the commonwealth . . . . . . . .$10.00

R. For issuing certificate of Marriage . . . . . . . . .$6.00

S. For furnishing an abstract copy of a record of marriage . . .$4.00

T. For correcting errors in a record of marriage . . . . . .$15.00

U. Dog Licenses

(1) Unspayed females . . . . . . . . . . .$11.00

(2) Spayed females . . . . . . . . . . . .$7.00

(3) Males, unneutered . . . . . . . . . . .$11.00 [ART. 24, A.T.M., 5/4/92]

(4) Males, neutered . . . . . . . . . . . . $7.00

V. For recording power of attorney . . . . . . . . . .$15.00

W. For recording certificate of registration granted to a person

to engage in the practice of optometry, or issuing a

certified copy thereof. . . . . . . . . . . . .$20.00

X. For recording the name of the owner of a certificate of

registration as a physician or osteopath in the Commonwealth $20.00

Y. For recording order granting locations of poles, piers,

abutments or conduits, alterations or transfers thereof, and

increase in number of wires and cable or attachments under

the provisions of Sec.22 of Chap. 166 - 3.50 additional for

each street or way included in such order . . flat rate$60.00

additional fee$8.00

Z. For examining records or papers relating to birth, marriage

or deaths upon the application of any person, the actual

expense thereof, but not less than . . . . . . . . .$15.00

AA. For copying any manuscript or record pertaining to birth,

marriage or death . . . . . . . . . . . . .$6.00

BB. For receiving & filing a complete inventory of all items to

be included in a "closing out sale" etc. . . . . per pg.$4.00

CC. For filing a copy of written instrument or declaration of trust

by the trustees of an association or trust, or any amendment

thereof as provided by Sec. 2, Chap. 182 . . . . . . .$60.00

DD. For recording deed of lot or plot in a public burial place

or cemetery . . . . . . . . . . . . . . .$12.00

EE. Recording any other documents . . . . . . per 1st page$12.00

per additional page$4.00

Section 2. OFFICE OF THE TREASURER AND COLLECTOR OF

TAXES

Fees of the Treasurer's Office shall be in accordance with Section 15 of Chapter 60 and other appropriate provisions of the Massachusetts General Laws in addition to those set out below.

A. Tax Payment Research Report

(1) All requests for tax payment research covering more than a two year period (excluding herein request for municipal lien certificate) must be in writing and paid in advance.

(2) To prepare three year tax research reportminimum $12.00

For each additional year requested $3.00

Section 3. FEES OF THE DEPARTMENT OF COMMUNITY SAFETY

A. Fire Services Division

(1) Chapter 148 Fees

The Schedule for fees for licenses and registrations relating to the keeping, storage and manufacture of any of the articles listed in Section 9 of Chapter 148 of the General Laws except fireworks, firecrackers and torpedoes, in accordance with the provisions of Section 13 of said Chapter 148, as amended, shall be as follows:

(a) Fees for licenses for garages and for keeping and storage for sale of petroleum products or any other inflammable fluids, required under Chapter 148 of the General Laws, Section 13, as amended, are hereby established as follows:

Aggregate Car Storage Capacity Fee for Original

for each Garage License

5 to 10 cars $36.00

11 to 50 cars $54.00

51 cars or over $90.00

(b) Inflammable Fluids

Fees for licenses for keeping and storage for sale of petroleum products or any other inflammable fluids are hereby established as follows, except where the license is issued for the keeping and storage for direct consumption on the premises licensed or direct consumption by motor vehicles owned by the licensee or his assignee and not for sale of petroleum products or any other inflammable fluids:

Aggregate Storage Capacity Fee For

For Entire Parcel of Land Licensed Original License

Class A - 166 to 5,000 gallons Flat fee of $36.00

Class B - 501 to 5,000 gallons Flat fee of $36.00

Class C - 1,001 to 5,000 gallons Flat fee of $36.00

All classes - 5,001 to 10,000 gallons $7.00 per thousand gallons

All classes - 10,001 to 50,000 gallons $290.00

All classes - 50,001 to 100,000 gallons $360.00

All classes - 100,001 to 500,000 gallons $540.00

All classes - 500,001 to 1,000,000 gallons $900.00

Over 1,000,000 gallons $1,800.00

If a license is applied for solely for the purpose of keeping and storing for direct consumption on the premises licensed or for direct consumption by motor vehicles owned by the licensee or his assignee and not for sale, of petroleum products or any other inflammable fluids, the fee shall be ($36.00).

Except as otherwise provided for in this section, the fee for a certificate of registration provided for in General Laws, Chapter 148, Section 13, as amended, shall be one-half of the license fees according to the schedule set forth above, payable to the Town Clerk annually on or before April 30th in each year.

(c) Permits granted under authority of Section 10A - Chapter 148 of the Massachusetts General Laws

(1) Supervised display of fireworks . . . . . . . .$30.00

(2) Oil burner installation or alteration . . . . . . .$12.00

(3) Installation of liquified petroleum equipment . . . .$30.00

(4) Certificate of approval - flammable fluid tank trucks . .$10.00

(5) Storing of gunpowder and small arms ammunition . . .$12.00

(6) Blasting of rock . . . . . . . . . . . . . .$100.00

(7) Keeping, sale and use of model rocket engines . . . .$12.00

(8) Use of salamanders for drying construction materials . .$12.00

(9) Supervised firing of cannon . . . . . . . . .$12.00

(10) Tar Kettles . . . . . . . . . . . . . .$12.00

(d) Schedule of permit fees for the installation of fire detection and extinguishing systems required by the Commonwealth of Massachusetts Building Code:

(1) Fire detection and alarm systems - 1 to 10 outlets $12.00: each additional 10 outlets or fraction thereof $6.00.

(2) Fixed chemical, powder or inert gas extinguishing systems $12.00.

(3) Fire line and/or standpipe installations $12.00 plus $3.00 for each hose outlet.

(4) (a) To install a sprinkler system in an existing building, the fee will be $12.00 minimum up to 10 sprinkler heads - additional heads $2.00 each - maximum $240.00.

(b) To install a sprinkler system in a new building, the fee will be $18.00 minimum up to 10 sprinkler heads - additional heads $1.00 each -maximum $240.00.

(5) Plan examination fee for items 2, 3, and 4 will be $30.00.

(e) Fees For Services

(1) Connecting private Fire Alarm Box to the municipal system $120.00 plus cost of materials

(2) Private fire alarm systems tests $18.00.

(3) Fire alarm master box connection - $300.00.

(4) Sprinkler or standpipe test or shutdown for repairs $18.00.

(5) Licenses for land for explosives and Inflammable materials - $1800.00.

(6) Miscellaneous Inspections and Fees - $18.00.

(7) Underground Flammable Tank Removal or Relocation Fee - $360.00.

(8) Smoke Detector Inspections [ART. 24, A.T.M., 5/4/92]

1 family $12.00

2 family $20.00

3 to 5 family $30.00

6 and up $60.00

(9) Research location of underground tanks, $25.00 per hour, 1 hour minimum. [ART. 24, A.T.M., 5/4/92]

Where any work is started without a permit, all required fees will be twice the scheduled fee.

(f) Fee For Medical Emergency Response Service

There shall be a fee of $160.00 for the use of the Town Rescue Vehicle. In addition there shall be a mileage fee of $7.00 per mile and a fee of $24.00 whenever oxygen is administered. When defibrilation is necessary, a fee of $48.00 will be charged. [ART. 24, A.T.M., 5/4/92]

Section 4. OFFICE OF THE BUILDING INSPECTOR

(COMMUNITY SAFETY)

A. Schedule of Building Permit Fees

(1) New construction (including additions, alterations, repairs to existing buildings) - $15.00 per $1,000. of estimated cost of construction; minimum fee - $36.00.

(2) To demolish any building - $15.00 per $1,000. (cost of demolition); minimum fee - $36.00.

(3) Signs: $7.00 per $100. (based on cost of sign); minimum fee - $36.00.

(4) Moving of a structure - $60.00 for any building of assessed value under $5,000; $15.00 per $10,000. for any building assessed valuation over $5,000; minimum fee - $60.00.

(5) Preliminary permits for foundations - $15.00 per $1,000. of estimated cost of construction; minimum fee - $30.00.

(6) Buildings being built for and owned by Town, County, State or U.S. shall be exempt from paying fees. The Housing Authority will pay permit fees if Federal or State Grant programs allow them as a project cost.

(7) Occupancy Permits - $36.00 for commercial buildings; $36.00 for single and two family dwellings. All other uses - $30.00.

(8) Petition to Building Board of Appeals - $120.00.

(9) Plan Review - (Zoning or Building Code) $5.00 per $1,000. of estimated cost of construction. If no construction is contemplated, then $50 per hour of Building Inspector's time. Fee may be waived at discretion of Building Inspector.

(10) To inspect and certify buildings and structures in accordance with Section 108.5.1 and Table 108 of the Massachusetts State Building Code as revised.

(11) If plan review is deemed necessary for large projects, it shall be done by outside consultants of which cost shall be paid for by applicants or owners, etc.

(12) Where any work is started without a permit, all required fees will be triple the scheduled fee.

(13) Re-inspection necessary because of violations or work not ready on a requested inspection - $30.00 before inspection is made.

B. Schedule of Plumbing Permit Fees

(1) $24.00 per $1,000 of estimated cost, or portion thereof, up to the first $10,000.

(2) $6.00 per $1,000 of estimated cost for that portion of valuation over $10,000.

(3) $24.00 - minimum fee.

(4) Work started without a permit - all fees shall be tripled.

C. Schedule of Gas permit Fees

(1) $24.00 per $1,000 of estimated cost, or portion thereof, up to the first $10,000.

(2) $6.00 per $1,000 of estimated cost for that portion of valuation over $10,000.

(3) $24.00 - minimum fee.

(4) Work started without a permit - all fees shall be tripled.

D. Plumbing - Gas Combined

Gas fired, automatic water heaters shall be rated as one fixture.

E. Electrical Permits

(1) $24.00 per $1,000 of estimated cost, or portion thereof, up to the first $10,000.

(2) $6.00 per $1,000 of estimated cost for that portion of valuation over $10,000.

(3) $24.00 - minimum fee.

(4) Work started without a permit - all fees shall be tripled.

F. Board of Examiner Fees For Building Licenses

(1) $48.00 for single class or combination of classes.

(2) $30.00 for renewal if renewed within 30 days of expiration.

(3) $42.00 for reissue after 30 days of expiration.

Section 5. DEPARTMENT OF HUMAN RESOURCES

A. Board of Health

(1) Handling of Wood Alcohol Permit . . . . . . .$6.00

(2) Fee for Clubs to Disperse Food and Beverages . . . .$12.00

(3) Home Caterer Permit Fee . . . . . . . . . .$46.00

(4) Garbage Removal Fee . . . . . . . . . . .$12.00

(5) Inspection of Pasteurizing Plants . . . . . . . .$50.00

(6) Regulation of Milk Products . . . . . . . . .$12.00

B. Sealer of Weights and Measures

(1) Scales Etc.

Scale w/capacity over 10,000 lbs. . . . . . . . . . .$90.00

Scale w/capacity 5-10,000 lbs. . . . . . . . . . . .$54.00

Scale w/capacity 1-5000 lbs. . . . . . . . . . . .$36.00

Scale w/capacity 100-1000 lbs. . . . . . . . . . . .$18.00

Scales/balances 10-100 lbs. . . . . . . . . . . .11.00

Scales/balances under 10 lbs. . . . . . . . . . . .$8.00

Liquid capacity measure of cap. of

more than 1 gal. & measures on pumps . . . . . . .$12.00

Liquid measuring meter dia 1/2"-l" . . . . . . . . .$12.00

Liquid measuring meter dia over 1"

Vehicle tank pump . . . . . . . . . . . . .$29.00

Vehicle tank gravity . . . . . . . . . . . .$36.00

Bulk storage . . . . . . . . . . . . . . . .$72.00

Bulk storage w/cert. prover . . . . . . . . . . .$36.00

(2) Taximeter . . . . . . . . . . . . . .$14.00

(3) Device to determine linear or area . . . . . . .$12.00

(4) Milk bottles or jars . . . . . . . . . . . .$14.00

(5) Vehicle tanks used in sale of commodities by

Liquid measure per 100 gal. . . . . . . . . .$12.00

(6) Separate tanks - Same vehicle (each) . . . . . . .$12.00

(7) All weights & other measures . . . . . . . . .$2.50

C. Youth Consultation Center.

Fees established to maximum permitted by Rate Setting Commission.

Section 6. MISCELLANEOUS

(1) Recording Electrologists License . . . . . . . .$20.00

(2) Automatic Amusement Devices . . . . . . . .$120.00

(3) Common Victualers License . . . . . . . . .$60.00

(4) License for Inns and Eating Establishments . . . . .$60.00

(5) License for Sale of Food from Vehicle . . . . . .$120.00

(6) License for Fortune Tellers . . . . . . . . .$60.00

(7) Raffles and Bazaars . . . . . . . . . . .$50.00

(8) Bicycle Registration . . . . . . . . . . .$4.00

(9) Commercial Trash Pick-Up . . . . . . .$2.10 per unit

All Town departments including the school department shall submit to the Town Manager each year a complete program budget for the next fiscal year to be included in the Town's Annual Performance Budget.

That the Town, pursuant to Section 23D of Chapter 41 of the General laws, establishes a Data Processing Advisory Board consisting of nine voting members representing the various user groups of the data processing resource as follows:

1) A representative of the Board of Selectmen,

2) A business representative of the School Committee,

3) An academic representative of the School Committee,

4) The Town Treasurer and Collector or his designee,

5) The Town Clerk or his designee,

6) The Town Comptroller and Coordinator of Data Processing,

7) A representative of the Finance Committee,

8) A representative of the Board of Assessors and

9) The Town Manager or his designee;

Each representative shall serve at the pleasure of their respective appointing authorities.

The Director of Data Processing shall be a non-voting member of the Board; and that the Board shall, no later than December 31, 1982, develop a formal plan for the implementation of a consolidated data processing department, which plan shall take into consideration both the concerns and objectives of Town departments with regard to Data Processing; and that the Board shall also provide advice to the Coordinator of Data Processing in such data processing activities as planning, facility management, staffing, and the setting of priorities; and that the Board shall provide a means of communication between user departments and a forum for the discussion of data processing requirements of user departments; and that the Board shall act as an Appeals Board to review disputes which may arise between user departments.

That the Town, pursuant to section 23D of Chapter 41 of the General Laws, hereby established a consolidated town-wide Data Processing Department no later than December 31, 1982; and to give the Comptroller and Coordinator of Data Processing the management and jurisdiction over such department; and that the School Committee and the Town Comptroller are authorized and agree to transfer all funds allocated to the operation of data processing in budgets under their jurisdiction to a consolidated data processing budget under the jurisdiction of the Comptroller and Coordinator of Data Processing; and that the Comptroller and Coordinator of Data Processing shall have the authority to organize said Data Processing Department by reallocating said data processing funds and establishing positions whenever applicable; and that the use of computer terminals by the School Department for instructional purposes will be guaranteed as a priority within the consolidated data processing department; and that the sum of $36,000 be taken from available funds to purchase microcomputers which will insure such educational usage; and that the Town Comptroller and Coordinator of Data Processing shall appoint a full-time Director of Data Processing who shall have day-to-day responsibilities for the department.

In accordance with the provisions of Massachusetts General Laws, Chapter 40C, as amended, the Broadway Historic District is hereby established in the Town of Arlington.

Section 1. DESCRIPTION OF DISTRICT: The Broadway Historic District is bounded and described as follows; Beginning at a point at the intersection of the westerly lot line of the property number #278 Broadway and the southwesterly sideline of Broadway, said point being 92.79 feet southeasterly of the southeasterly sideline of Franklin St., thence going southwesterly along the westerly lot line of #278 Broadway a distance of 103.29 feet to a point, thence going southeasterly along the back lot line of the property numbered #278 Broadway a distance of 37.60 feet to a point, thence going northeasterly along the easterly lot line of #278 Broadway a plan distance of 13.03 feet (13.88 Deed) to a point, thence southeasterly along the rear lot line of #274-276 Broadway a distance of 86.01 feet to a point, thence going northeasterly along the easterly lot line of #274-276 Broadway a distance of 116.82 feet to a point on the southwesterly sideline of Broadway, thence continuing northeasterly to the centerline of Broadway a distance of 32 feet, thence going southeasterly along the centerline of Broadway a distance of 127.7 feet + to a point, thence going across Broadway a distance of 32 feet + to the northeasterly sideline of Broadway at the intersection of the northwesterly sideline of Webster St., thence northeasterly along said sideline of Webster St., a distance of 121.97 feet, thence northwesterly along the rear lot line of #267 Broadway a distance of 97.96 feet to a point, thence southwesterly along the northerly sideline of #267 Broadway a distance of 100 feet + to a point, thence northwesterly through Lot A on a line 45 feet from and parallel to Broadway a distance of 100 feet + to a point, thence southwesterly through Lot A a distance of 45 feet to a point on the northeasterly sideline of Broadway thence continuing southwesterly a distance of 32 feet to the centerline of Broadway, thence northwesterly along the centerline of Broadway a distance of 70 feet + to a point, thence southwesterly to the southwesterly sideline of Broadway a distance of 32 feet to the point of beginning.

Section 2. DISTRICT COMMISSION: The Broadway Historic District Commission is hereby established to administer said District, the same to consist of seven members, appointed by the Board of Selectmen.

In addition to the seven members (the method of whose appointment is set forth in Section 3), the Board of Selectmen shall also appoint one or more alternate members for three year terms who shall be residents of the Town, members of another Historic District Commission in the Town, or property owners in the District. [ART. 26, A.T.M., 4/26/89] In the case of a vacancy, absence, or inability or unwillingness to act because of personal interest or other reason on the part of a member, the chairman (or chairman pro tempore) at any meeting of the Commission may designate one or more of such alternate members to act as a voting member of the Commission for the duration of such vacancy, absence, or inability or unwillingness to act as the case may be, and may revoke such designation.

Section 3. APPOINTMENT OF MEMBERS: The Commission shall be constituted as follows:

SUBSECTION A. At least one resident of or owner of property in the District;

SUBSECTION B. At least one member from two nominees submitted by the Arlington Historical Society;

SUBSECTION C. At least one member from two nominees submitted by the local board of realtors;

SUBSECTION D. At least one member from two nominees submitted by the Chapter of the American Institute of Architects covering Arlington

SUBSECTION E. Such associate members (without voting rights) as the Commission may from time to time appoint for terms of one year."

If within 30 days after submission of a written request for nominations to any of the organizations above-named, no such nominations have been made to the Board of Selectmen, said Board may proceed to make appointments without nominations from such organizations.

Section 4. TERM OF OFFICE: Each member of the Commission shall be appointed for a term of three years, and until his successor is appointed and qualified, except that the first time such appointments are made, they shall be as follows: Two members for one year terms; Two members for two year terms; and Three members for three year terms. In the event of a vacancy in the position held by a resident or owner, the Board shall appoint another resident or owner if one is available and willing to serve. In the event of a vacancy of a member who is such by virtue of his nomination by one of the three organizations mentioned in Section 3, the Board shall appoint a nominee of the respective organization, if the name of such nominee has been provided to them within thirty (30) days of a request for same. In the event of a vacancy of a member who was not such by reason of his nomination by one of said organizations, the Board may appoint any resident of the.Town, provided that the Commission should always consist of at least one nominee of each of said organizations and one resident or property owner in the district. Upon the expiration of the term of a nominee of one of said organizations, the Board may reappoint such person without seeking additional nominations from the organization, provided that such person is at such time a member of the Arlington Historical Society, a realtor, or an architect, respectively."

Section 5. OFFICERS: The Commission shall annually elect from its membership a chairman and vice-chairman, and from within or without its membership a secretary.

Section 6. POWERS OF COMMISSION: No building or structure within the District shall be removed, constructed or altered in any way that affects the exterior architectural features unless the Commission shall first have issued a certificate of appropriateness, non-applicability or hardship with respect to such removal, construction or alteration.

Any person who desires to obtain any one of such certificates shall file with the commission an application therefor in such form as the Commission may reasonably determine, together with such plans, elevations, material or other information (including, in the case of demolition or removal, a statement of the proposed condition and appearance of the property thereafter) as may be reasonably deemed necessary by the Commission to enable it to make a determination on the application.

No permit for the construction of building or structure or for alteration of an exterior architectural feature within the District and no permit for the demolition or removal of a building or structure within the District shall be issued by any officer or department of the Town until the certificate required by this section has been issued by the Commission.

Section 7. FACTORS TO BE CONSIDERED BY THE COMMISSION:

In passing upon matters before it the Commission shall consider among other things, the historic and architectural value and significance of the site, building or structure, the general design, arrangement, texture, material and color of the features involved, and the relation of such features to similar features of buildings and structures in the surrounding area. In the case of new construction or additions to existing buildings or structures the Commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the Commission may in appropriate cases impose dimensional and set-back requirements in addition to those required by Zoning By-Law. The Commission shall not consider interior arrangements or architectural features not subject to public view.

Section 8. LIMITATIONS ON AUTHORITY OF COMMISSION: Except to the extent specifically prohibited by General Laws, Chapter 40C, the authority of the Commission shall be limited in that:

it shall not have power to review the following:

i. Temporary structures or signs, subject, however, to such conditions as to duration of use, location, lighting, removal, and similar matters as the commission may reasonably specify.

ii. Terraces, walks, driveways, sidewalks, and similar structures, or any one or more of them, provided that any such structure is substantially at grade level.

iii. Walks and fences, or either of them, except those which front directly on a public way.

iv. Storm doors and windows, screens, window air conditioners, lighting fixtures, antenna, and similar appurtenances, or any one or more of them.

v. The color of paint.

vi. The color of materials used on roofs.

vii. Signs of not more than one square foot in area in connection with use of a residence for a customary home occupation or for professional purposes, provided only one such sign is displayed in connection with each residence and if illuminated is illuminated only indirectly; and one sign in connection with the nonresidential use of each building or structure which is not more than twelve square feet in area, consist of letters painted on wood without symbol or trademark and if illuminated is illuminated only indirectly; or either of them.

viii. The reconstruction, substantially similar in exterior design, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm, or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due diligence.

Section 9. MISCELLANEOUS: The members of the Commission shall serve without compensation. Except to the extent specifically provided in this by-law, the powers and rules of conduct of the Commission shall be as set forth in General Laws, Chapter 40C. In the event that any section, paragraph, or part of this by-law is declared invalid by the Attorney General or a court of last resort, every other section, paragraph, and part shall continue in full force and effect.

Section 10. REMEDIES FOR VIOLATIONS:

SUBSECTION A. Notice of Violation - [ART. 26, A.T.M., 5/3/93] If the Commission shall be informed or have reason to believe that any provision of this Bylaw or of Chapter 40C of the General Laws has been, is being, or may be violated, it shall make or cause to be made an investigation of the facts and inspect the property where the violation may exist. If any one of the Commissioners shall find any such violation, he or she shall inform the full Commission and may inform the Director of Police Services of same. If so informed the Director of Police Services, after consultation with the Chairman of the Commission, or the Vice-Chairman if the former is unavailable, shall cause a written notice of the purported violation to be served upon that indivudual who is violating the provisions of this Bylaw or Chapter 40C or any approved plan, information, drawing pertinent thereto, or certificate issued under the provisions of the Bylaw, and such notice shall direct the suspension of any activity that creates the violation. The Commission shall convene at such time that it deems appropriate, to consider whether said suspension shall be made permanent and the appropriateness of other corrective orders. Failure to comply with orders of the Commission shall constitute a violation of the bylaw and violators will be subject to a fine of $50 per day each and every day that a violation exists to be considered a separate violation. Violaters shall mean any individual who is performing the work that is the subject of the violation as well as any individual who owns the property at which the work is being performed. Any alleged violator shall be given written notice by the Commission of the precise violation and an opportunity to be heard at the Commission hearing convened to consider same.

Any violator who refuses to suspend the work once having been ordered to do so shall be subject to a fine in the amount of $50 each and every day that the failure to suspend continues shall be considered a separate offense. No person having been served with a notice to suspend shall leave any structure in such a condition so as to be a hazard to public safety.

SUBSECTION B. Prosecution of Violation - Violations of this Section may in the first instance be pursued pursuant to the provisions of Section 21D of Chapter 40 of the General Laws. The enforcing person shall be any police officer of the Town.

SUBSECTION C. Non-exclusive Remedy - The Commission may also institute the appropriate criminal action or proceeding at law or in equity to prevent any unlawful action, use, or condition, and to restrain, correct or abate such violation. Nothing hereinabove shall be construed to limit the authority of the Inspector of Buildings to prosecute violations of this Bylaw, or of said Chapter 40C, which are also violations of the State Building Code or the Zoning Bylaw of the Town.

ENLARGEMENT OF BROADWAY HISTORIC DISTRICT

To enlarge the Broadway Historic District by adding thereto the premises now known as and numbered 393-395 Massachusetts Avenue, which is bounded and

described as follows:

SOUTHWESTERLY by Massachusetts Avenue, ninety and 86/100 (90.86) feet;

NORTHWESTERLY by land formerly of Boston, eighty-nine and 27/100 (89.27) feet;

NORTHEASTERLY by said Boston land and by land now or formerly of Jennings, eighty-three and 5/10 (83.5) feet; and

SOUTHEASTERLY by land formerly of Shattuck one hundred and nine and 41/100 (109.41) feet.

be all of said measurements more or less, and to be shown on a plan entitled "Plan of Land in Arlington, Mass. showing proposed addition to the Broadway Historic District, scale 1" = 30', Jan. 1981, C. F. Rinciari, Town Engr.".

That the Broadway Historic District (as previously established under Article 26 of the By-Laws) be enlarged by adding thereto the properties numbered 266, 268 and 272 Broadway, said area being bounded and described as follows: [ART. 21, A.T.M., 4/29/91]

Beginning at a point on the rear lot line of No. 272 Broadway at the intersection of the northwesterly sideline of said property, thence going northeasterly along said sideline distances of 116.82 and 32.0 feet to a point on the centerline of Broadway, thence going southeasterly along the centerline of Broadway a distance of 146.7 feet +/- to a point, thence going southwesterly along Broadway and along the southeasterly sideline of the property numbered 266 Broadway, distances of 32.0 and 157.6 feet to a point on the rear lot line of said property, thence going northwesterly along the rear lot line of the properties numbered 266, 268 and 272 Broadway a distance 154.82 feet to the point of beginning.

be all of said measurements more or less, and shown on a plan entitled "Broadway Historic District Expansion, Arlington, Mass." by C. F. Rinciari, Town Engineer, May 1990.

In accordance with the provisions of Chapter 40C of the General Laws, the Central Street Historic District is hereby established in the Town of Arlington:

Section 1. DESCRIPTION OF DISTRICT: The Central Street Historic District is bounded and described as follows:

Beginning at a point on the northerly side of Massachusetts Avenue, in the center of Central Street, then running: WESTERLY along said northerly sideline 147.34 feet, then turning and running NORTHERLY in three courses 189.24 feet, 30 feet more or less and 66.99 feet (said middle course being the width of Bacon Street), then turning and running EASTERLY 75.31 feet, then turning and running NORTHERLY 26.8 feet, then turning and running EASTERLY 8.49 feet, then turning and running NORTHERLY 260.9 feet, then turning and running WESTERLY 76.52 feet across the Mill Brook, then turning at a right angle and running generally NORTHERLY 30 feet, then turning and running EASTERLY 290 feet more or less to a point where the rear and side lot lines of 35 Central Street and 12 Court Street Place intersect on land formerly of the Boston and Maine Railroad, then turning and running SOUTHERLY by the rear lot lines of the properties on the eastern side of Central Street, 461.21 feet, then turning and running WESTERLY 130.38 feet to the center line of Central Street, then turning and running SOUTHERLY along the center line of Central Street, 69.96 feet to the point of beginning.

All the foregoing measurements being more or less; and shown on a plan entitled "Central Street Historic District, Arlington, Mass." by C. F. Rinciari, Town Engineer, dated February, 1982.

Section 2. DISTRICT COMMISSION: The Central Street Historic Commission is hereby established to administer said District, the same to consist of seven members appointed by the Board of Selectmen.

In addition to the seven members (the method of whose appointment is set forth in Section 3), the Board of Selectmen shall also appoint one or more alternate members for three year terms who shall be residents of the Town, members of another Historic District Commission in the Town, or property owners in the District. [ART. 26, A.T.M., 4/26/89] In the case of a vacancy, absence, or inability or unwillingness to act because of personal interest or other reason on the part of a member, the chairman (or chairman pro tempore) at any meeting of the Commission may designate one or more of such alternate members to act as a voting member of the Commission for the duration of such vacancy, absence, or inability or unwillingness to act as the case may be, and may revoke such designation.

Section 3. APPOINTMENT OF MEMBERS: The Commission shall be constituted as follows:

SUBSECTION A. The members shall be the same as the members of the Broadway Historic District Commission, except that in place of the resident or property owner in the Broadway District, the Selectmen shall appoint one resident or property owner in the Central Street District.

SUBSECTION B. For purposes of this section, the term "resident or property owner" shall include a designee of St. Athanasius the Great Greek Orthodox Church.

SUBSECTION C. The Commissioners may by vote from time to time appoint associate members of said Commission (without voting rights) for terms of one (1) year.

Section 4. TERM OF OFFICE: Except for the resident or property owner who shall be appointed for a three year term, the terms of the Commissioners shall be coterminous with their terms as members of the Broadway Historic District Commission and vacancies shall be treated in like manner.

Section 5. OFFICERS: The Commission shall annually elect from its membership a chairman and vice-chairman and, from within or without its membership, a secretary.

Section 6. POWERS OF THE COMMISSION: No building or structure within the District shall be removed, constructed or altered in any way that affects the exterior architectural features unless the Commission shall first have issued a certificate of appropriateness, non-applicability or hardship with respect to such removal, construction or alteration.

Any person who desires to obtain any one of such certificates shall file with the Commission an application therefor in such form as the Commission may reasonably determine, together with such plans, elevations, materials or other information (including, in the case of demolition or removal, a statement of the proposed condition and appearance of the property thereafter) as may be reasonably deemed necessary by the Commission to enable it to make a determination on the application.

No permit for the construction of a building or structure or for alteration of an exterior architectural feature within the District and no permit for the demolition or removal of a building or structure within the District shall be issued by any officer or department of the Town until the certificate required by this section has been issued by the Commission.

Section 7. FACTORS TO BE CONSIDERED BY THE COMMISSION:

In passing upon matters before it, the Commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure, the general design arrangement, texture, material and color of the features involved and the relation of such features to similar features of buildings and structures in the surrounding area.In the case of new construction or additions to existing buildings or structures, the Commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the Commission may in appropriate cases impose dimensional and set-back requirements in addition to those required by Zoning By-Law. The Commission shall not consider interior arrangements or architectural features not subject to public view.

Section 8. LIMITATIONS ON AUTHORITY OF COMMISSION: Except to the extent specifically prohibited by General Laws, Chapter 40C, the authority of the Commission shall be limited in that it shall not have power to review the following:

i. Temporary structures or signs, subject however, to such conditions as to duration of use, location, lighting, removal, and similar matters as the commission may reasonably specify.

ii. Terraces, walks, driveways, sidewalks and similar structures, or any one or more of them, provided that any such structure is substantially at grade level.

iii. Walls and fences, or either of them, except those which front directly on a public way.

iv. Storm doors and windows, screens, window air conditioners, lighting fixtures, antennae and similar appurtenances, or any one or more of them.

v. The color of paint.

vi. The color of materials used on roofs.

vii. Signs of not more than one square foot in area in connection with the use of a residence for a customary home occupation or for professional purposes, provided only one such sign is displayed in connection with each residence and, if illuminated, is illuminated only indirectly; and one sign in connection with the non-residential use of each building or structure which is not more than twelve square feet in area, consists of letters painted on wood without symbol or trademark and, if illuminated, is illuminated only indirectly; or either of them, provided that this shall not apply to any sign now in place.

viii. The reconstruction, substantially similar in exterior design of a building, structure or exterior architectural feature damaged or destroyed by fire, storm or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due diligence.

Section 9. MISCELLANEOUS: The members of the Commission shall serve without compensation. Except to the extent specifically provided in this By-Law, the definition of terms and the powers and rules of conduct of the Commission shall be as set forth in General Laws, Chapter 40C. In the event that any section, paragraph or part of this By-Law is declared invalid by the Attorney General or a court of competent jurisdiction, every other section, paragraph and part shall continue in full force and effect.

Section 10. REMEDIES FOR VIOLATIONS

SUBSECTION A. Notice of Violation - [ART. 26, A.T.M., 5/3/93] If the Commission shall be informed or have reason to believe that any provision of this Bylaw or of Chapter 40C of the General Laws has been, is being, or may be violated, it shall make or cause to be made an investigation of the facts and inspect the property where the violation may exist. If any one of the Commissioners shall find any such violation, he or she shall inform the full Commission and may inform the Director of Police Services of same. If so informed the Director of Police Services, after consultation with the Chairman of the Commission, or the Vice-Chairman if the former is unavailable, shall cause a written notice of the purported violation to be served upon that indivudual who is violating the provisions of this Bylaw or Chapter 40C or any approved plan, information, drawing pertinent thereto, or certificate issued under the provisions of the Bylaw, and such notice shall direct the suspension of any activity that creates the violation. The Commission shall convene at such time that it deems appropriate, to consider whether said suspension shall be made permanent and the appropriateness of other corrective orders. Failure to comply with orders of the Commission shall constitute a violation of the bylaw and violators will be subject to a fine of $50 per day each and every day that a violation exists to be considered a separate violation. Violaters shall mean any individual who is performing the work that is the subject of the violation as well as any individual who owns the property at which the work is being performed. Any alleged violator shall be given written notice by the Commission of the precise violation and an opportunity to be heard at the Commission hearing convened to consider same.

Any violator who refuses to suspend the work once having been ordered to do so shall be subject to a fine in the amount of $50 each and every day that the failure to suspend continues shall be considered a separate offense. No person having been served with a notice to suspend shall leave any structure in such a condition so as to be a hazard to public safety.

SUBSECTION B. Prosecution of Violation - Violations of this Section may in the first instance be pursued pursuant to the provisions of Section 21D of Chapter 40 of the General Laws. The enforcing person shall be any police officer of the Town.

SUBSECTION C. Non-exclusive Remedy - The Commission may also institute the appropriate criminal action or proceeding at law or in equity to prevent any unlawful action, use, or condition, and to restrain, correct or abate such violation. Nothing hereinabove shall be construed to limit the authority of the Inspector of Buildings to prosecute violations of this Bylaw, or of said Chapter 40C, which are also violations of the State Building Code or the Zoning Bylaw of the Town.

In accordance with the provisions of Chapter 40C of the General Laws, the Russell Historic District is hereby established in the Town of Arlington.

Section 1. DESCRIPTION OF DISTRICT: The Russell Historic District is bounded and described as follows:

Beginning at a point on the southeasterly sideline of Water Street, said point being at the intersection of the northeasterly sideline of the Massachusetts Bay Transportation Authority then turning and running NORTHEASTERLY on two courses 288.87 feet and 111.0 feet along the southeasterly side of Water Street, then turning and running SOUTHEASTERLY on two courses 133.70 feet and 96.8 feet along the rear lot lines of properties on the northerly sideline of Russell Street then turning and running NORTHERLY 17.0 feet then turning and running EASTERLY on two courses 100.20 feet and 76.29 feet along said rear property lines, then turning and running NORTHERLY 2.50 feet, then turning and running EASTERLY 158.98 feet, along the rear property line then turning and running SOUTHEASTERLY 32.26 feet, then turning and running WESTERLY 42.86 feet, then turning and running SOUTHERLY 163.0 feet along the easterly property line of #9 Russell Street and across Russell Street, then turning and running EASTERLY 140 feet + along the southerly sideline of Russell Street to a point of curve, then turning and running SOUTHEASTERLY 12.91 feet along a curve to the westerly sideline of Mystic Street then turning and running SOUTHERLY 75.0 feet along Mystic Street then turning and running WESTERLY 119 + feet then turning and running SOUTHERLY 21.0 feet then turning and running NORTHWESTERLY on two courses 8329 feet and 42 feet + (the second course being the width of Prescott Street) then turning and running SOUTHWESTERLY 40.79 feet along the westerly sideline of Prescott Street then turning and running NORTHWESTERLY 37.3 feet along the rear property line of property at 14-16 Russell Street then turning and running WESTERLY 100.90 feet along the rear property line of properties on the southerly side of Russell Street, then turning and running SOUTHWESTERLY 328.49 feet along the rear lot lines of properties on the easterly side of Russell Terrace to Winslow Street then NORTHWESTERLY 151.34 feet along the northeasterly sideline of Winslow Street and across Russell Terrace then turning and running SOUTHWESTERLY 68 feet + along the northwesterly sideline of Russell Terrace then turning and running NORTHWESTERLY 273.96 feet along the northeasterly sideline of land of the Massachusetts Bay Transportation Authority to the point of beginning.

All of the foregoing measurements being more or less; and shown on a plan entitled "Russell Historic District, Arlington, Massachusetts by C. F. Rinciari, Town Engineer," dated January, 1983.

Section 2. DISTRICT COMMISSION: The Russell Historic District Commission is hereby established to administer said District, the same to consist of seven members, appointed by the Board of Selectmen.

In addition to the seven members (the method of whose appointment is set forth in Section 3), the Board of Selectmen shall also appoint one or more alternate members for three year terms who shall be residents of the Town, members of another Historic District Commission in the Town, or property owners in the District. [ART. 26, A.T.M., 4/26/89] In the case of a vacancy, absence, or inability or unwillingness to act because of personal interest or other reason on the part of a member, the chairman (or chairman pro tempore) at any meeting of the Commission may designate one or more of such alternate members to act as a voting member of the Commission for the duration of such vacancy, absence, or inability or unwillingness to act as the case may be, and may revoke such designation.

Section 3. APPOINTMENT OF MEMBERS: The Commission shall be constituted as follows:

a. The members shall be the same as the members of the Broadway Historic District Commission, except that in place of the resident or property owner in the Broadway District, the Selectmen shall appoint one resident or property owner in the Russell District.

b. The Commissioner may by vote from time to time appoint associate members of said Commission (without voting rights) for terms of one (1) year.

Section 4. TERM OF OFFICE: Except for the resident or property owner who shall be appointed for a three-year term, the terms of the Commissioners shall be coterminous with their terms as members of the Broadway Historic District Commission, and vacancies shall be treated in like manner.

Section 5. OFFICERS: The Commission shall annually elect from its membership a chairman and vice-chairman and from within or without its membership, a secretary.

Section 6. POWERS OF THE COMMISSION: No building or structure within the District shall be removed, constructed or altered in any way that affects the exterior architectural features unless the Commission shall first have issued a certificate of appropriateness, non-applicability or hardship with respect to such removal, construction or alteration.

Any person who desires to obtain any one of such certificates shall file with the Commission an application therefor in such form as the Commission may

reasonably determine, together with such plans, elevations, material or other in-formation (including, in the case of demolition or removal a statement of the proposed condition and appearance of the property thereafter) as may be reasonably deemed necessary by the Commission to enable it to make a determination on the application.

No permit for the construction of a building or structure or for alteration of an exterior architectural feature within the District and no permit for the demolition or removal of a building or structure within the District shall be issued by any officer or department of the Town until the certificate required by this section has been issued by the Commission.

Section 7. FACTORS TO BE CONSIDERED BY THE COMMISSION:

In passing upon matters before it the Commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure, the general design, arrangement, texture, material and color of the features involved, and the relation of such features to similar features of buildings and structures in the surrounding area. [ART. 22, A.T.M., 5/4/92] In the case of new construction or additions to existing buildings or structures the Commission shall consider the appropriateness of the size and shape of the buildings or structures both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the Commission may in appropriate cases impose dimensional and set-back requirements in addition to those required by Zoning By-Law. The Commission shall not consider interior arrangements or architectural features not subject to public view.

Section 8. LIMITATIONS ON THE AUTHORITY OF COMMISSION: Except to the extent specifically prohibited by General Laws, Chapter 40C, the authority of the Commission shall be limited in that: it shall not have power to review the following:

i. Temporary structures or signs, subject however, to such conditions as to duration of use, location, lighting, removal, and similar matters as the Commission may reasonably specify.

ii. Terraces, walks, driveways, sidewalks and similar structures, or any one or more of them, provided that any such structure is substantially at grade level.

iii. Walls and fences, or either of them, except those which front directly on a public way.

iv. Storm doors and windows, screens, window air conditioners, lighting fixtures, antennae, and similar appurtenances, or any one or more of them.

v. The color of paint.

vi. The color of materials used on roofs.

vii. Signs of not more than one square foot in area in connection with use of a residence for a customary home occupation or for professional purposes, provided only one such sign is displayed in connection with each residence and, if illuminated, is illuminated only indirectly; and one sign in connection with the non-residential use of each building or structure which is not more than twelve square feet in area, consists of letters painted on wood without symbol or trademark and, if illuminated, is illuminated only indirectly; or either of them, provided that this shall not apply to any sign now in place.

viii. The reconstruction, substantially similar in exterior design, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm, or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due diligence.

Section 9. MISCELLANEOUS: The members of the Commission shall serve without compensation. Except to the extent specifically provided in this By-Law, the definition of terms and the powers and rules of conduct of the Commission shall be as set forth in General Laws, Chapter 40C. In the event that any section, paragraph, or part of this By-Law is declared invalid by the Attorney General or a court of competent jurisdiction, every other section, paragraph and part shall continue in full force and effect.

Section 10. REMEDIES FOR VIOLATIONS

SUBSECTION A. Notice of Violation [ART. 26, A.T.M., 5/3/93] - If the Commission shall be informed or have reason to believe that any provision of this Bylaw or of Chapter 40C of the General Laws has been, is being, or may be violated, it shall make or cause to be made an investigation of the facts and inspect the property where the violation may exist. If any one of the Commissioners shall find any such violation, he or she shall inform the full Commission and may inform the Director of Police Services of same. If so informed the Director of Police Services, after consultation with the Chairman of the Commission, or the Vice-Chairman if the former is unavailable, shall cause a written notice of the purported violation to be served upon that indivudual who is violating the provisions of this Bylaw or Chapter 40C or any approved plan, information, drawing pertinent thereto, or certificate issued under the provisions of the Bylaw, and such notice shall direct the suspension of any activity that creates the violation. The Commission shall convene at such time that it deems appropriate, to consider whether said suspension shall be made permanent and the appropriateness of other corrective orders. Failure to comply with orders of the Commission shall constitute a violation of the bylaw and violators will be subject to a fine of $50 per day each and every day that a violation exists to be considered a separate violation. Violaters shall mean any individual who is performing the work that is the subject of the violation as well as any individual who owns the property at which the work is being performed. Any alleged violator shall be given written notice by the Commission of the precise violation and an opportunity to be heard at the Commission hearing convened to consider same.

Any violator who refuses to suspend the work once having been ordered to do so shall be subject to a fine in the amount of $50 each and every day that the failure to suspend continues shall be considered a separate offense. No person having been served with a notice to suspend shall leave any structure in such a condition so as to be a hazard to public safety.

SUBSECTION B. Prosecution of Violation - Violations of this Section may in the first instance be pursued pursuant to the provisions of Section 21D of Chapter 40 of the General Laws. The enforcing person shall be any police officer of the Town.

SUBSECTION C. Non-exclusive Remedy - The Commission may also institute the appropriate criminal action or proceeding at law or in equity to prevent any unlawful action, use, or condition, and to restrain, correct or abate such violation. Nothing hereinabove shall be construed to limit the authority of the Inspector of Buildings to prosecute violations of this Bylaw, or of said Chapter 40C, which are also violations of the State Building Code or the Zoning Bylaw of the Town.

ENLARGEMENT OF RUSSELL HISTORIC DISTRICT

Russell Historic District enlarged by adding thereto the properties number 12, 14-16, 20 and 22 Prescott Street, said area being bounded and described as follows:

Beginning at a point on the NORTHWESTERLY sideline of Prescott Street at the intersection of the SOUTHERLY lot line of the property numbered 12 Prescott Street, thence going NORTHWESTERLY along said SOUTHERLY lot line a distance of 116.50 feet to a point on the rear lot line, thence going NORTHEASTERLY along the rear lot lines of the properties numbered 12, 14-16, 20 and 22 Prescott Street a distance of 204.38 feet to a point at the intersection of the NORTHERLY sideline of said property on two courses, distances of 100.9 feet and 37.3 feet to a point on the NORTHWESTERLY sideline of Prescott Street, thence going SOUTHWESTERLY along the NORTHWESTERLY sideline of Prescott Street a distance of 256.0 feet to the point of beginning.

Be all of said measurements more or less, and shown on a plan entitled "Russell Historic District Expansion, Arlington, Massachusetts" by C. F. Rinciari, Town Engineer, January 1984.

Section 1. DESCRIPTION OF DISTRICT: The Pleasant Street historic district is bounded and described as follows:

Beginning at a point on the southeasterly side of Pleasant Street at the intersection of the southwesterly sideline of Swan Street, then running southeasterly 83.16' along the southwesterly sideling of Swan Street, then turning and running southwesterly 54.45' along the rear property line of #40 and #42 Pleasant Street, then turning and running southeasterly 176.96' along the northeasterly property line of #60 Pleasant Street, then turning and running southwesterly 290.81' along the rear property line of #60 Pleasant Street, then turning and running northwesterly 155.11' along the southwesterly property line of #60 Pleasant Street, then turning and running southwesterly 85.0' along the rear property line of #66 Pleasant Street and across Lombard Road, then turning and running southeasterly 55.0'+/- along the southwesterly sideline of Lombard Road, then turning and running southwesterly 90.0' along the rear property line of #74 Pleasant Street, then turning and running southeasterly 50.0'+/- along the northeasterly property line of #80 Pleasant Street, then turning and running southwesterly 76.15' along the rear property line of #80 Pleasant Street, then turning and running northwesterly 8.0' along the southwesterly property line of #80 Pleasant Street, then turning and running southwesterly 132.99' along the rear property line of #86 Pleasant Street and across Wellington Street, then turning and running southeasterly 70.0'+/- along the southwesterly sideline of Wellington Street, then turning and running southwesterly 90.0' along the rear property line of #94 Pleasant Street, then turning and running northwesterly 65.0' along the southwesterly property line of #94 Pleasant Street, then turning and running southwesterly 141.0' along the rear property line of #100 Pleasant Street and across Addison Street, then turning and running southeasterly 25.0'+/- along the southwesterly sideline of Addison Street, then turning and running southwesterly 101.0' along the rear property line of #108 Pleasant Street, then turning and running southeasterly 5.0'+/- , then turning and running southwesterly 313.77' long the rear property line of #114 Pleasant Street across Hopkins Road along the rear property line of #118 Pleasant Street and across Peabody Road, then turning and running southeasterly 167.0'+/- along the southwesterly sideline of Peabody Road, then turning and running southwesterly 57.93' along the rear property line of #128 Pleasant Street, then turning and running northeasterly 135.0' along the southwesterly property line of #128 Pleasant Street, then turning and running southwesterly 33.0', then turning and running northeasterly 70.0' along the southwesterly sideline of #128 Pleasant Street, then turning and running southwesterly 93.16' along the rear property line of Lot A and across Lakeview, then turning and running southeasterly 50.0'+/- along the southwesterly sideline of Lakeview, then turning and running southwesterly on two courses 51.0' and 106.0'+/- along the rear property lines of #140 and #144 Pleasant Street and across Spring Valley then turning and running southeasterly 72.0'+/- along the southwesterly sideline of Spring Valley, then turning and running southwesterly 51.38' along the rear property line of #146, #148 and #150 Pleasant Street, then turning and running southeasterly on two courses 37.0'+/- and 22.0'+/- and southwesterly 71.0' along the rear property line of #152 Pleasant Street, then turning and running southeasterly 20.9'+/- along the northeasterly property line of #156 Pleasant Street, then turning and turning and running southwesterly 150.63' along the rear property lines of #156 and #160 Pleasant Street, then turning and running northwesterly 27.0'+/- along the southwesterly property line of #160 Pleasant Street, then turning and running southwesterly 80.60' along the rear property line of #164 Pleasant Street, then turning and running northwesterly 7.0'+/- then turning and running southwesterly 200.0'+/- along the rear property line of #168 Pleasant Street and across Chapman Street, then turning and running northwesterly 65.0'+/- along the southwesterly sideline of Chapman Street then turning and running southwesterly on three courses, 55.0' 8.0'+/- and 55.0' along the rear property line of #176 Pleasant Street, then turning and running southeasterly 47.0' along the rear property line of #3 Chapman Street, then turning and running southwesterly 122.62' along the rear property lines of #180 - #182 and #184 - #186 Pleasant Street, then turning and running northwesterly 26.0'+/- along the southwesterly property line of #184 - #186 Pleasant Street, then turning and running southwesterly 269.0'+/- along the rear property line of #188 and #190 Pleasant Street across Gould Road and along the rear property line of #194 Pleasant Street, then turning and running southeasterly 24.9'+/- along the northeasterly property line of #200 Pleasant Street; then turning and running southwesterly 89.73' along the rear property line of #200 Pleasant Street, then turning and running southeasterly 331.31'+/- along the northeasterly property line of #204 - #206 Pleasant Street, then turning and running westerly 437.0'+/- along the shore of Spry Pond behind the properties numbered #204 - #206 Pleasant Street through #218 Pleasant Street, then turning and running north 15.0'+/- along the northeasterly property line of #220 Pleasant Street, then turning and running northwesterly 260.0'+/- along the shoreline of Spy Pond behind the properties #220 and #226 Pleasant Street, then turning and running southeasterly 5.0'+/- along the northeasterly property line of #232 - #234 Pleasant Street, then turning and running southwesterly 580.0'+/- along the shoreline of Spy Pond and behind the properties #232 - #234 Pleasant Street through #256 Pleasant Street, then turning and running northwesterly on two courses 60.0'+/- and 128.0'+/- to the centerline of Pleasant Street, then turning and running southwesterly 132.0'+/- along the centerline of Pleasant Street, then turning and running northwesterly 125.0'+/- along the northeasterly sideline of Venner Road to the northerly property line of #5 Venner Road, then turning and running northeasterly 125.0'+/- along the northerly property line of #5 Venner Road and #259 Pleasant Street, then turning and running northwesterly 10.0', then turning and running northeasterly 132.10' along the rear property line of #259 Pleasant Street, Lot B and #253 Pleasant Street then turning and running southeasterly 10.0'+/- along the southwesterly sideline of Brunswick Road, then turning and running northeasterly 166.27' across Brunswick Road and along the rear property lines of #251 Pleasant Street and Lot 47, then turning and running northwesterly 108.0'+/- along the southwesterly property line of #243 Pleasant Street, then turning and running easterly 218.73' along the rear property line of #243 Pleasant Street and #239 Pleasant Street, then turning and running northwesterly 28.40' along the southwesterly property line of #235 Pleasant Street, then turning and running northeasterly 370.16' along the rear property line of #235, #231 and #223 Pleasant Street, then turning and running northeasterly 209.79' along the rear property line of #215 and #211 Pleasant Street, then turning and running northwesterly 15.0'+/- along the northwesterly property line of #207 Pleasant Street, then turning and running northeasterly 123.5' along the rear property line of #207 and #205 Pleasant Street, then turning and running southeasterly 16.35' along the northeasterly property line of #205 Pleasant Street, then turning and running northeasterly 104.88' along the rear property line of #201 and #199 Pleasant Street, then turning and running southeasterly 70.05' along the northeasterly property line of #199 Pleasant Street, then turning and running northeasterly 105.02' along the rear property line of #195 Pleasant Street to Kensington Park, then turning and running northwesterly 63.0' along the southwesterly sideline of Kensington Park, then turning and running northeasterly 146.3' across Kensington Park and along the rear property line of #187 Pleasant Street, then turning and running southeasterly 60.0'+/- along the northeasterly property line of #187 Pleasant Street, then turning and running northeasterly 81.0' along the rear property line of #183 Pleasant Street to Norfolk Road, then turning and running northwesterly 28.0' along the southwesterly sideline of Norfolk Road, then turning and running northeasterly 139.31' across Norfolk Road and the rear property line of Lot A and #175 Pleasant Street to Monadnock Road, then turning and running northwesterly 38.0'+/- along the southwesterly sideline of Monadnock Road, then turning and running northeasterly 115.50' across Monadnock Road to the side property line of #1 Monadnock Road, then turning and running northwesterly 155.58' along the southwesterly property line of #163 Pleasant Street, then turning and running northeasterly 154.4' along the rear property line of #163 and #159 Pleasant Street to Gray Street, then turning and running northwesterly 40.0'+/- along the southwesterly sideline of Gray Street and turning and running northeasterly 140.0' across Gray Street and the rear property line of #149 Pleasant Street, then turning and running northwesterly 70.0'+/- along the southwesterly property line of #145 Pleasant Street, then turning and running northeasterly 96.02' along the rear property line of #145 Pleasant Street to Irving Street, then turning and running northwesterly 70.0'+/- along the southwesterly side of Irving Street, then turning and running northeasterly 114.0'+/- across Irving Street and along the rear property line of #141 - #143 and #137 - #139 Pleasant Street, then turning and running northwesterly 100.0' along the southwesterly property line of #135 Pleasant Street, then turning and running northeasterly 286.0' along the rear property line of #135 and #129 Pleasant Street, then turning and running northwesterly 115.0'+/- along the southwesterly property line of #125 Pleasant Street, then turning and running northeasterly 100.88' along the rear property line of #125 Pleasant Street, then turning and running southeasterly 163.86' along the northeasterly property line of #125 Pleasant Street, then turning and running northeasterly 116.30' along the rear property line of #119 Pleasant Street to Oak Knoll, then turning and running southeasterly 23.0'+/- along the southwesterly sideline of Oak Knoll, then turning and running northeasterly 153.0'+/- across Oak Knoll and along the rear property line of #111 Pleasant Street, then turning and running southeasterly 12.0'+/- along the northeasterly property line of #111 Pleasant Street, then turning and running northeasterly 100.97' along the rear property line of #105 Pleasant Street to Pelham Terrace, then turning and running southeasterly 25.0'+/- along the southwesterly sideline of Pelham Terrace then turning and running northeasterly on three courses 103.36', 16.97' and 26.0' across Pelham Terrace and along the rear property line of #93 Pleasant Street, then turning and running northwesterly 86.0'+/- along the southwesterly property line of #87 Pleasant Street, then turning and running northeasterly 84.13' along the rear property line of #87 Pleasant Street, then turning and running southeasterly 65.84' along the northeasterly property line of #87 Pleasant Street, then turning and running northeasterly 145.42' along the rear property line of #75 Pleasant Street to Maple Street, then turning and running southeasterly 196.95' along the southwesterly sideline of Maple Street to Pleasant Street, then turning and running northeasterly 485'+/- along the northwesterly sideline of Pleasant Street, then turning and running southeasterly 70.0' across Pleasant Street to the point of beginning.

All of the forgoing measurements being more or less; and shown on a plan entitled "Pleasant Street Historic District, Arlington, Massachusetts", by C. F. Rinciari, Town Engineer, dated January, 1988.

ENLARGEMENT OF PLEASANT STREET HISTORIC DISTRICT

That the Pleasant Street Historic District (as previously established under Article 28A of the Bylaws) be enlarged by adding thereto the properties now known as and numbered 8, 11, 14, 15, 18, 19-21, 20, and 23-25, said properties being bounded and described as follows: [ART. 22, A.T.M., 4/29/91]

Beginning at a point on the northwesterly corner of the rear property line of the property numbered 8 Wellington Street, said point abutting the Pleasant Street Historic District, thence going southwesterly along the northwesterly sideline of 8 Wellington Street a distance of 76.15 feet to an angle point, thence going northwesterly along said property line a distance of 8.0 feet to an angle point, thence going southwesterly along the same property line and across Wellington Street, a distance of 132.99 feet to a point on the southerly sideline of Wellington Street, thence going southeasterly along the southerly sideline of Wellington Street a distance of 70+/- feet to a point, thence going southwesterly along the northwesterly lot line of the property numbered 11 Wellington Street a distance of 90.0 feet to a point on the rear property line of said property, thence going southeasterly along the rear lot lines of properties numbered 11, 15, 19, 23-25 Wellington Street a distance of 320.0 feet to a point at the southerly sideline of the property numbered 23-25 Wellington Street, thence going northeasterly along said sideline a distance of 90.0 feet to the southerly sideline of Wellington Street, thence going northwesterly along the southerly sideline of Wellington Street a distance of 87.7+/- feet to a point, thence going northeasterly across Wellington St. and along the northerly sideline of Lombard Terrace distances of 40 feet and 94.4 feet to a point at the rear lot line of the property numbered 20 Wellington Street, thence going northwesterly along the rear property line of the properties numbered 20 and 18 Wellington Street distances of 60.95 and 80.2 feet to a point on the southerly sideline of the property numbered 14 Wellington Street, thence going northeasterly on said property line a distance of 74.73 feet to a point on the rear property line, thence going northwesterly along the rear property line of the properties numbered 14 and 8 Wellington Street a distance of 154.15 to the point of beginning.

be all of said measurements more or less, and shown on a plan entitled "Pleasant Street Historic District Expansion, Arlington, Mass." November 1990, by C. F. Rinciari, Town Engineer.

Section 2. DISTRICT COMMISSION: The Pleasant Street Historic District Commission is hereby established to administer said District, the same to consist of seven members appointed by the Board of Selectmen. In addition to the seven members (the method of whose appointment is set forth in Section 3), the Board of Selectmen shall also appoint one or more alternate members for three year terms who shall be residents of the Town, members of another Historic District Commission in the Town, or property owners in the District. [ART. 26, A.T.M., 4/26/89] In the case of a vacancy, absence, or inability or unwillingness to act because of personal interest or other reason on the part of a member, the chairman (or chairman pro tempore) at any meeting of the Commission may designate one or more of such alternate members to act as a voting member of the Commission for the duration of such vacancy, absence, or inability or unwillingness to act as the case may be, and may revoke such designation.

Section 3. APPOINTMENT OF MEMBERS: The Commission shall be constituted as follows:

SUBSECTION A. The members shall be the same as the members of the Broadway Historic District Commission, except that in place of the resident or property owner in the Broadway District, the Selectmen shall appoint one resident or property owner in the Pleasant Street District.

SUBSECTION B. For purposes of this section, the term "resident or property owner" shall include a designee of a property owner which is a corporation, partnership or other such entity.

SUBSECTION C. The Commissioners may by vote from time to time appoint associate members of said Commission (without voting rights) for terms of one year.

Section 4. TERM OF OFFICE: Except for the resident or property owner who shall be appointed for a three-year term, the terms of the Commissioners shall be coterminous with their terms as members of the Broadway Historic District Commission, and vacancies shall be treated in like manner.

Section 5. OFFICERS: The Commission shall annually elect from its membership a chairman and vice-chairman and from within or without its membership, a secretary.

Section 6. POWERS OF THE COMMISSION: Except as hereinafter provided, no building or structure within the District shall be removed, constructed or altered in any way that affects its exterior architectural features unless the Commission shall first have issued a certificate of appropriateness, non-applicability or hardship with respect to such removal, construction or alteration.

Any person who desires to obtain any one of such certificates shall file with the Commission an application therefor in such form as the Commission may reasonably determine, together with such plans, elevations, materials, or other information, (including in the case of demolition or removal a statement of the proposed condition and appearance of the property thereafter) as may be reasonably deemed necessary by the Commission to enable it to make a determination on the application.

No permit for the construction of a building or structure or for alteration of an exterior architectural feature within the District and no permit for the demolition or removal of a building or structure within the District shall be issued by any officer or department of the Town until the certificate required by this section has been issued by the Commission.

Section 7. FACTORS TO BE CONSIDERED BY THE COMMISSION:

In passing upon matters before it the Commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure, the general design, arrangement, texture, material and color of the features involved, and the relation of such features to similar features of buildings and structures in the surrounding area. [ART. 22, A.T.M., 5/4/92] In the case of new construction or additions to existing buildings or structures the Commission shall consider the appropriateness of the size and shape of the buildings and structures both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the Commission may in appropriate cases impose dimensional and set-back requirements in addition to those required by the Zoning Bylaw. The Commission shall not consider interior arrangements of exterior architectural features not subject to public view.

Section 8. LIMITATIONS ON AUTHORITY OF COMMISSION: Except to the extent specifically prohibited by General Laws, Chapter 40C the authority of the Commission shall be limited in that it shall not have power to review the following:

SUBSECTION A. Temporary structures or signs, subject however, to such conditions as to duration of use, location, lighting, removal, and similar matters as the Commission may reasonably specify.

SUBSECTION B. Terraces, walks, driveways, sidewalks and similar structures, or any one or more of them, provided that any such structure is substantially at grade level.

SUBSECTION C. Walls and fences, or either of them, except those which front directly on a public way.

SUBSECTION D. Storm doors and windows, screens, window air conditioners, lighting fixtures, antennae, and similar appurtenances, or any one or more of them.

SUBSECTION E. The color of paint.

SUBSECTION F. The color of materials used on roofs.

SUBSECTION G. Signs of not more than one square foot in area in connection with use of a residence for a customary home occupation or for professional purposes, provided only one such sign is displayed in connection with each residence and, if illuminated, is illuminated only indirectly; and one sign in connection with the non-residential use of each building or structure which is not more than twelve square feet in area consists of letters painted on wood without symbol or trademark and, if illuminated, is illuminated only indirectly; or either of them, provided that this shall not apply to any sign now in place, and shall not supersede any more restrictive requirement of the Zoning Bylaw.

SUBSECTION H. The reconstruction, substantially similar in exterior design, of a building, structure or exterior architectural feature damaged or destroyed by fire, storm, or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due diligence.

Section 9. MISCELLANEOUS: The members of the Commission shall serve without compensation. Except to the extent specifically provided in this Bylaw, the definition of terms and the powers and rules of conduct of the Commission shall be as set forth in General Laws, Chapter 40C. In the event that any section, paragraph, or part of the Bylaw is declared invalid by the Attorney General or a court of competent jurisdiction, every other section, paragraph and part shall continue in full force and effect.

Section 10. REMEDIES FOR VIOLATIONS:

SUBSECTION A. Notice of Violation [ART. 26, A.T.M., 5/3/93] - If the Commission shall be informed or have reason to believe that any provision of this Bylaw or of Chapter 40C of the General Laws has been, is being, or may be violated, it shall make or cause to be made an investigation of the facts and inspect the property where the violation may exist. If any one of the Commissioners shall find any such violation, he or she shall inform the full Commission and may inform the Director of Police Services of same. If so informed the Director of Police Services, after consultation with the Chairman of the Commission, or the Vice-Chairman if the former is unavailable, shall cause a written notice of the purported violation to be served upon that indivudual who is violating the provisions of this Bylaw or Chapter 40C or any approved plan, information, drawing pertinent thereto, or certificate issued under the provisions of the Bylaw, and such notice shall direct the suspension of any activity that creates the violation. The Commission shall convene at such time that it deems appropriate, to consider whether said suspension shall be made permanent and the appropriateness of other corrective orders. Failure to comply with orders of the Commission shall constitute a violation of the bylaw and violators will be subject to a fine of $50 per day each and every day that a violation exists to be considered a separate violation. Violaters shall mean any individual who is performing the work that is the subject of the violation as well as any individual who owns the property at which the work is being performed. Any alleged violator shall be given written notice by the Commission of the precise violation and an opportunity to be heard at the Commission hearing convened to consider same.

Any violator who refuses to suspend the work once having been ordered to do so shall be subject to a fine in the amount of $50 each and every day that the failure to suspend continues shall be considered a separate offense. No person having been served with a notice to suspend shall leave any structure in such a condition so as to be a hazard to public safety.

SUBSECTION B. Prosecution of Violation - Violations of this Section may in the first instance be pursued pursuant to the provisions of Section 21D of Chapter 40 of the General Laws. The enforcing person shall be any police officer of the Town.

SUBSECTION C. Non-exclusive Remedy - The Commission may also institute the appropriate criminal action or proceeding at law or in equity to prevent any unlawful action, use, or condition, and to restrain, correct or abate such violation. Nothing hereinabove shall be construed to limit the authority of the Inspector of Buildings to prosecute violations of this Bylaw, or of said Chapter 40C, which are also violations of the State Building Code or the Zoning Bylaw of the Town.

Section 1. DESCRIPTION OF THE DISTRICT: The Mount Gilboa/Crescent Hill Historic District is bounded and described as follows:

Beginning at a point on the Arlington - Lexington Town line at the intersection of the lot line between the properties numbered 195 and 197 Westminster Avenue, thence going northeasterly along said lot line and the lot line between the properties numbered 110 and 118 Crescent Hill Avenue, thence across Crescent Hill Avenue and along the lot line between the properties numbered 109 and 117 Crescent Hill Avenue a total distance of 480+/- feet to the northerly lot corner of the property numbered 109 Crescent Hill Avenue, thence turning southeasterly along the rear property line of said property a distance of 100.0 feet to the easterly lot corner of said property thence turning northeasterly and going along the property line numbered 105 Crescent Hill Avenue a distance of 50.0 feet to the northerly lot corner of said property, thence turning southeasterly along the rear lot line of said property a distance of 100.0 feet to the easterly lot corner of said property, thence turning and going southwesterly on side line of said property a distance of 60.0 feet to the northerly lot corner of the property numbered 93 Crescent Hill Avenue, thence going southeasterly along the rear lot line of said property and to the centerline of Montague Street, a distance of 120.0 feet, thence turning and going southwesterly along the center line of Montague Street a distance of 50.0 feet to a point, thence turning and going southeasterly across Montague Street and along the rear lot line of the property numbered 79 Crescent Hill Avenue a distance of 120.0 feet to the easterly lot corner of said property, thence turning and going northeasterly along the property line numbered 69 Crescent Hill Avenue a distance of 60 feet to the northerly lot corner of said property, thence turning and going southeasterly along the rear property lines of said property and 61 Crescent Hill Avenue a distance of 200.0 feet to the easterly lot corner of the property numbered 61 Crescent Hill Avenue, thence turning and going southwesterly along said lot line a distance of 80.0 feet to the northerly lot corner of the property numbered 57 Crescent Hill Avenue, thence turning and going southeasterly and southerly on two courses, distances of 42.0 feet and 67.47 feet to the side line of Westmoreland Avenue, thence going southeasterly across Westmoreland Avenue a distance of 20.0 to the center line of said street, thence turning and going northeasterly along the centerline of Westmoreland Avenue, a distance of 64.47 feet to a point, thence turning southeasterly and going across Westmoreland Avenue and along the rear lot line of the property numbered 41 Crescent Hill Avenue a distance of 70.0 feet to the easterly lot corner of said property, thence going southwesterly along sideline of said property and across Crescent Hill Avenue a distance of 120.0 feet to the centerline of Crescent Hill Avenue, thence turning and going southeasterly along the centerline of Crescent Hill Avenue a distance of 50.0 feet to a point, thence going southwesterly across Crescent Hill Avenue and along the rear property line of the properties numbered, 53, 49 and 45 Westmoreland Avenue a distance of 170.0 feet to the northerly lot corner of the property numbered 115 Westminster Avenue, thence turning and going southeasterly along the rear lot lines of the properties numbered 115, 109 and 103 Westminster Avenue a distance of 240.0 feet to the easterly lot corner of the property numbered 103 Westminster Avenue, thence going southwesterly along sideline of said property a distance of 40.0 feet to the northerly lot corner of the property numbered 99 Westminster Avenue, thence going southeasterly along the rear line of said property and of the property numbered 97 Westminster Avenue a distance of 97.2 feet to the northwesterly sideline of Park Place, thence southeasterly across Park Place a distance of 17 feet more or less to the southeasterly sideline of Park Place, thence turning and going easterly and northeasterly in two courses along said sideline and across Madison Avenue, distances of 160 feet more or less, and 410 feet more or less to the northeasterly sideline of Madison Avenue, thence turning and going northwesterly 60.0 feet along the northeasterly sideline of Madison avenue, thence turning and going northeasterly along a lot line of conservation land a distance of 300.0 feet to the southwesterly sideline of Orient Avenue, thence turning and going southwesterly along said sideline of Orient Avenue, a distance of 242.0 feet to the northwesterly sideline of Summit Street, thence continuing southwesterly across Summit Street a distance of 57 feet more or less to the southeasterly sideline of Summit Street thence turning and going southwesterly and southerly on the southeasterly sideline of Summit Street on a curve to the left with a radius of 649.25 feet a distance of 360 feet more or less to the centerline of Alpine Street, thence turning and going southwesterly across Alpine Street, a distance of 60 feet more or less to a point on the northwesterly sideline of Alpine Street, thence continuing southwesterly along a lot line of conservation land a distance of 340 feet more or less to a point, thence continuing southwesterly along the rear lot lines of the properties numbered 14 and 8-10 Park Avenue Extension a distance of 53 feet more or less to a point at the intersection of the southwesterly lot line of the property numbered 8-10 Park Avenue Extension, thence turning and going southeasterly along said sideline and to the centerline of Park Avenue Extension distances of 245.75 feet and 20 feet, thence going southerly along the centerline of Park Avenue Extension a distance of 190 feet more or less to the intersection of the centerline of Lowell Street, thence turning and going westerly along the centerline of Lowell Street a distance of 365 feet more or less to a point opposite the easterly lot line of the property numbered 131 Lowell Street, thence turning and going northerly across Lowell Street and along the easterly lot line of said property, distances of 25.0 feet and 60.87 feet to the northeasterly lot corner of said lot, thence going northwesterly along the rear lot lines of the properties numbered 131, 133, 135 and 137 Lowell Street a distance of 151.80 feet to the southerly lot line of the property numbered 42-44 Westminster Avenue, thence turning and going southwesterly along said lot line and the southerly lot line of the property numbered 147 Lowell Street a distance of 108.33 feet to the northeasterly sideline of Lowell Street, thence going northwesterly along the northeasterly sideline of Lowell Street a distance of 263.5 feet to a point at the intersection of the southeasterly sideline of the property numbered 159 Lowell Street, thence turning and going northeasterly along said sideline a distance of 90.0 feet to the northeasterly lot corner of said property, thence turning and going northwesterly along the rear lot lines of the properties numbered 159, 163 and 167 Lowell Street distances of 45.25, 34.75 and 45.0 feet to the northerly lot corner of the property numbered 167 Lowell Street, thence going northeasterly along the lot line of the property numbered 169 and 171 Lowell Street a distance of 10.0 feet to the easterly lot corner of said property, thence turning and going northwesterly along said rear lot line a distance of 60.0 feet to the northerly lot corner of said property, thence turning and going southwesterly along said lot line a distance of 102.0 feet to the northeasterly sideline of Lowell Street, thence turning and going northwesterly along the northeasterly sideline of Lowell Street, a distance of 467 feet more or less to the intersection of the southeasterly lot line of the property numbered 209 Lowell Street, thence turning and going northeasterly along said lot line and the rear lot lines of the properties numbered 7, 11 and 15 West Court Terrace a distance of 219.79 feet, thence continuing northeasterly along the southeasterly lot line of the property numbered 105 Westminster Avenue a distance of 10.0 feet to a point, thence turning and going northwesterly through said property and the property numbered 110 Westminster Avenue and continuing along the rear lot lines of the properties numbered 114 and 118 Westminster Avenue a distance of 200 feet more or less to the rear lot corner of the property numbered 16 West Court Terrace, thence turning and going southwesterly along the rear lot line of the properties numbered 16 and 12 West Court Terrace a distance of 100 feet more or less to the northeasterly lot corner of the property numbered 221 Lowell Street, thence turning and going northwesterly along the rear lot line of said property a distance of 51.0 feet to the northwesterly lot corner of said property, thence turning and going southwesterly along said sideline a distance of 84.9 feet to the northeasterly sideline of Lowell Street, thence turning and going northwesterly along the northeasterly sideline of Lowell Street a distance of 193.78 feet to the rear lot line of the property numbered 4 Westmoreland Avenue, thence turning and going northeasterly along the rear property lines of said property and lot B a distance of 103.48 feet to the northeasterly lot corner of the property known as lot Pt. 9 and Pt. 10 on Lowell Street, thence turning and going northwesterly along the rear line of said property a distance of 50.0 feet to the northwesterly lot corner of said lot, thence turning and going northeasterly and the southeasterly lot line of the property numbered 243 Lowell Street a distance of 18.47 feet to the northeasterly lot corner of said property, thence turning and going along the rear lot lines of the properties numbered 243 and 251 Lowell Street in three courses distances of 100.0 feet northwesterly, 5.0 feet southwesterly and 50.0 feet northwesterly to the southeasterly lot line of the property numbered 255 Lowell Street, thence turning and going northeasterly along said lot line a distance of 10.0 feet to the northeasterly lot corner of said property, thence turning and going northwesterly along the rear lot lines of the properties numbered 255, 257 and 261 Lowell Street a distance of 200.0 feet to the northwesterly lot corner of 261 Lowell Street, thence turning and going southwesterly along the northwesterly lot line of said lot a distance of 15.8 feet to the northeasterly lot corner of 265 Lowell Street, thence turning and going northwesterly along the rear lot lines of the properties numbered 265 and 269 Lowell Street a distance of 100.30 feet to the northwesterly lot corner of the property numbered 269 Lowell Street, thence turning and going northeasterly on the southeasterly lot line of a property numbered 271 Lowell Street a distance of 11.0 feet to the rear corner of said property, thence turning and going northwesterly along the rear lot line of said property a distance of 53 feet more or less to the Lexington - Arlington Town Line, thence turning and going northeasterly along the Lexington - Arlington Town Line through the property number 194 Westminster Avenue and lot Pt. 15 and across Westminster Avenue a distance of 182 feet more or less to the point of beginning.

All the forgoing measurements being more or less; and shown on a plan entitled "Mount Gilboa/Crescent Hill Historic District, Arlington, Massachusetts", by C.F. Rinciari, Town Engineer, dated November, 1990.

Section 2. DISTRICT COMMISSION: The Mount Gilboa/Crescent Hill Historic Commission is hereby established to administer said District, the same to consist of seven members appointed by the Board of Selectmen. In addition to the seven members (the method of whose appointment is set forth in Section 3), the Board of Selectmen shall also appoint one or more alternate members for three year terms who shall be residents of the Town, members of another Historic District Commission in the Town, or property owners in the District. In the case of a vacancy, absence, or inability or unwillingness to act because of personal interest or other reason on the part of a member, the chairman (or chairman pro tempore) at any meeting of the Commission may designate one or more of such alternate members to act as a voting member of the Commission for the duration of such vacancy, absence, or inability or unwillingness to act as the case may be, and may revoke such designation.

Section 3. APPOINTMENT OF MEMBERS: The Commission shall be constituted as follows:

SUBSECTION A. The members shall be the same as the members of the Broadway Historic District Commission, except that in place of the resident or property owner in the Broadway District, the Selectmen shall appoint one resident or property owner in the Mount Gilboa/Crescent Hill District.

SUBSECTION B. For purposes of this section, the term "resident or property owner" shall include a designee of a property owner which is a corporation, partnership or other such entity.

SUBSECTION C. The Commissioners may by vote from time to time appoint associate members of said Commission (without voting rights) for terms of one year.

Section 4. TERM OF OFFICE: Except for the resident or property owner who shall be appointed for a three-year term, the terms of the Commissioners shall be coterminous with their terms as members of the Broadway Historic District Commission, and vacancies shall be treated in like manner.

Section 5. OFFICERS: The Commission shall annually elect from its membership a chairman and vice-chairman and, from within or without its membership, a secretary.

SECTION 6. POWERS OF THE COMMISSION: Except as hereinafter provided, no building or structure within the District shall be removed, constructed or altered in any way that affects its exterior architectural features unless the Commission shall first have issued a certificate of appropriateness, non-applicability or hardship with respect to such removal, construction or alteration.

Any person who desires to obtain any one of such certificates shall file with the Commission an application therefor in such form as the Commission may reasonably determine, together with such plans, elevations, materials, or other information (including in the case of demolition or removal a statement of the proposed condition and appearance of the property thereafter) as may be reasonably deemed necessary by the Commission to enable it to make a determination on the application.

No permit for the construction of a building or structure or for alteration of an exterior architectural feature within the District and no permit for the demolition or removal of a building or structure within the District shall be issued by any officer or department of the Town until the certificate required by this section has been issued by the Commission.

Section 7. FACTORS TO BE CONSIDERED BY THE COMMISSION:

In passing upon matters before it the Commission shall consider among other things, the historic and architectural value and significance of the site, building or structure, the general design, arrangement, texture, material and color of the features involved, and the relation of such feature to similar feature of buildings and structures in the surrounding area. [ART. 22, A.T.M., 5/4/92] In the case of new construction or additions to existing buildings and structures the Commission shall consider the appropriateness of the size and shape of the buildings or structures both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the Commission may in appropriate cases impose dimensional and set-back requirements in addition to those required by the Zoning Bylaw. The Commission shall not consider interior arrangements or exterior architectural features not subject to public view.

Section 8. LIMITATIONS ON AUTHORITY OF COMMISSION: Except to the extent specifically prohibited by General Laws, Chapter 40C the authority of the Commission shall be limited in that it shall not have power to review the following:

SUBSECTION A. Temporary structures or signs, subject however, to such conditions as to duration of use, location, lighting, removal, and similar matters as the commission may reasonably specify.

SUBSECTION B. Terraces, walks, driveways, sidewalks and similar structures, or any one or more of them, provided that any such structure is substantially at grade level.

SUBSECTION C. Walls and fences, or either of them, except those which front directly on a public way.

SUBSECTION D. Storm doors and windows, screens, window air conditioners, lighting fixtures, antennae, and similar appurtenances, or any one or more of them.

SUBSECTION E. The color of paint.

SUBSECTION F. The color of materials used on roofs.

SUBSECTION G. Signs of not more than one square foot in area in connection with the use of a residence for a customary home occupation or for professional purposes, provided only one such sign is displayed in connection with each residence and, if illuminated, is illuminated only indirectly; and one sign in connection with the non-residential use of each building or structure which is not more than twelve square feet in area, consists of letters painted on wood without symbol or trademark and, if illuminated, is illuminated only indirectly; or either of them, provided that this shall not apply to any sign now in place and shall not supersede any more restrictive requirement of the Zoning Bylaw.

SUBSECTION H. The reconstruction, substantially similar in exterior design, of a building, structure, or exterior architectural feature damaged or destroyed by fire, storm, or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due diligence. [ART. 21, A.T.M., 4/29/92]

Section 9. MISCELLANEUOS: The members of the Commission shall serve without compensation. Except to the extent specifically provided in this Bylaw, the definition of terms and the powers and rules of conduct of the Commission shall be as set forth in General Laws, Chapter 40C. In the event that any section, paragraph, or part of the Bylaw is declared invalid by the Attorney General or a court of competent jurisdiction, every other section, paragraph and part shall continue in full force and effect.

Section 10. REMEDIES FOR VIOLATIONS

SUBSECTION A. Notice of Violation [ART. 26, A.T.M., 5/3/93] - If the Commission shall be informed or have reason to believe that any provision of this Bylaw or of Chapter 40C of the General Laws has been, is being, or may be violated, it shall make or cause to be made an investigation of the facts and inspect the property where the violation may exist. If any one of the Commissioners shall find any such violation, he or she shall inform the full Commission and may inform the Director of Police Services of same. If so informed the Director of Police Services, after consultation with the Chairman of the Commission, or the Vice-Chairman if the former is unavailable, shall cause a written notice of the purported violation to be served upon that indivudual who is violating the provisions of this Bylaw or Chapter 40C or any approved plan, information, drawing pertinent thereto, or certificate issued under the provisions of the Bylaw, and such notice shall direct the suspension of any activity that creates the violation. The Commission shall convene at such time that it deems appropriate, to consider whether said suspension shall be made permanent and the appropriateness of other corrective orders. Failure to comply with orders of the Commission shall constitute a violation of the bylaw and violators will be subject to a fine of $50 per day each and every day that a violation exists to be considered a separate violation. Violaters shall mean any individual who is performing the work that is the subject of the violation as well as any individual who owns the property at which the work is being performed. Any alleged violator shall be given written notice by the Commission of the precise violation and an opportunity to be heard at the Commission hearing convened to consider same.

Any violator who refuses to suspend the work once having been ordered to do so shall be subject to a fine in the amount of $50 each and every day that the failure to suspend continues shall be considered a separate offense. No person having been served with a notice to suspend shall leave any structure in such a condition so as to be a hazard to public safety.

SUBSECTION B. Prosecution of Violation - Violations of this Section may in the first instance be pursued pursuant to the provisions of Section 21D of Chapter 40 of the General Laws. The enforcing person shall be any police officer of the Town.

SUBSECTION C. Non-exclusive Remedy - The Commission may also institute the appropriate criminal action or proceeding at law or in equity to prevent any unlawful action, use, or condition, and to restrain, correct or abate such violation. Nothing hereinabove shall be construed to limit the authority of the Inspector of Buildings to prosecute violations of this Bylaw, or of said Chapter 40C, which are also violations of the State Building Code or the Zoning Bylaw of the Town.

Section 1. No person shall remove, fill, dredge, build upon or alter any marsh, freshwater wetland, wet meadow, bog, swamp, river, stream, pond or lake or any land under said waters, or any land bordering thereon as hereinafter defined, or any land subject to flooding or inundation other than in the course of maintaining, repairing or replacing, but not substantially changing or enlarging an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph and other telecommunication services without first filing, by certified mail, written notice of his intention to so remove, fill, dredge, alter or build upon, including such site plans and location plans as may be necessary to fully describe such proposed activity and its effect on the environment, and, without receiving and complying with a permit issued by the Conservation Commission. Copies of such notices shall be sent at the same time, by certified mail to the Town Engineer, Board of Selectmen, Redevelopment Board and the Board of Health. [ART. 23, A.T.M., 4/26/89] Such Notice of Intention or Request for Determination of Applicability may be sent before any or all permits, variances and approvals required by the Zoning By-Law or by the Board of Survey or by the Regulations of the Arlington Redevelopment Board thereunder have been obtained. Upon written request of any person, the Conservation Commission shall within 21 days make a written determination as to whether this By-Law is applicable to any land or work thereon.

Where such person is other than the owner, notice of any such determination shall be sent to the owner and to the person making such request. Each such Notice of Intention or Request for Determination of Applicability shall be accompanied by a filing, fee to be determined in accordance with a fee schedule adopted by the Conservation Commission, approved by Town Meeting, payable to the Town of Arlington. The initial fee schedule, attached hereto, is incorporated herein by reference.

Section 2. The Conservation Commission shall hold a public hearing on the proposed activity within 30 days of the receipt of said Notice of Intention or Request for Determination. Notice of the time and place of said hearing shall be given by the Conservation Commission, at the expense of the applicant, not less than five days prior to such hearing by publication in a newspaper of general circulation in Arlington, and by delivering or mailing a notice thereof to the applicant, to the Town Manager, Board of Selectmen, Town Clerk, Planning Department, Town Counsel, Department of Public Works, Town Engineer, Zoning Board of Appeals, Board of Health, Building Inspector, Redevelopment Board and to such other persons as the Conservation Commission may determine. The Conservation Commission, the Town Manager, the Town Engineer, the Redevelopment Board, their agents, officers and employees may, at reasonable times, enter upon privately owned land without liability of any kind for the purpose of performing any duties in connection with this Section.

Section 2.1.[ART. 23, A.T.M., 4/26/89] If, after said hearing, the Conservation Commission determines that the land on which the proposed work is to be done is relevant to the protection of public or private water supply, to the ground water supply, to flood control, to storm damage prevention, to other water damage prevention, to the prevention of pollution, to the protection of surrounding land and other homes or buildings, to aquatic or wildlife protection, to the protection of the natural character or recreational values of the wetland resources, or to the protection of streams, brooks, ponds or other bodies of water, the Commission shall, by written order, within 21 days or such further time as the Commission and the applicant shall agree on, impose such conditions as are reasonably necessary for the protection of the interests described herein and all work shall be done in accordance therewith. The conditions may include a condition that certain land or portions thereof not be built upon or altered, filled or dredged, and that streams not be diverted, damned or otherwise disturbed.

Section 2.2. If the Conservation Commission makes a determination that the proposed activity does not require the imposition of such conditions, the applicant and all others who have received notice of such hearing by mail shall be notified of such determination within 21 days after said hearing.

Section 2.3. [ART. 33, A.T.M., 4/25/90] The Commission may impose additional or more stringent conditions as a result of a hearing conducted by it pursuant to the provisions of this By-Law than it may impose pursuant to the General Laws, Chapter 131, Section 40 (Wetlands Protection Act). The Commission may require from an applicant filing a Notice of Intention pursuant to this By-Law additional materials or data than is required of him pursuant to an application filed under General Laws, Chapter 131, Section 40.

Section 3. This By-Law shall not apply to any emergency project as defined in General Laws, Chapter 131, Section 40, to any mosquito control project authorized by any laws of the Commonwealth or to any work performed for normal maintenance or improvement of land actively devoted to agricultural use at the time of application.

Section 4 Any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this By-Law or in violation of any order issued under this By-Law shall forthwith comply with any such order to restore such land to its condition prior to any such violation; provided, however, that no action, civil or criminal, shall be brought against such person unless such action is commenced within three years following the recording of the deed or the date of the death by which such real estate was acquired by such person. The Town Manager and the Board of Selectmen shall, upon request of the Conservation Commission, instruct Town Counsel to take such legal action as may be necessary to restrain a violation of this By-Law, and enforce the orders of the Conservation Commission hereunder, and the Town Counsel shall forthwith comply with such instructions.

Section 5. The Conservation Commission shall promulgate after due notice and public hearing Rules and Regulations to effectuate the purposes of this By-Law. However, failure by the Commission to promulgate such rules and regulations or a legal declaration of their invalidity by a court of law shall not act to suspend or invalidate the effect of this By-Law.

Section 6. The applicant shall have the burden of proving by a preponderance of the credible evidence that the work proposed by him in his Notice of Intention will not cause significant harm to the interests sought to be protected by this By-Law. Failure to provide to the Conservation Commission adequate evidence for it to determine that the proposed work does not cause significant harm to the interests sought to be protected by this By-Law shall be sufficient cause for the Conservation Commission to deny such permit or to grant such permit with such conditions as it deems reasonably necessary or desirable to carry out the purposes of this By-Law or to postpone or continue the hearing to another date certain to enable the applicant and others to present additional evidence, upon such terms and conditions as seems to the Commission to be just. Due consideration may be given to any demonstrated hardship, other than financial, on the part of the applicant by reason of denial.

Section 7. The following definitions shall apply in the interpretation and implementation of this By-Law.

Section 7.1. The term "applicant" as used in this By-Law shall mean a person giving Notice of Intention or Request for Determination of Applicability to build upon, remove, fill, dredge or alter.

Section 7.2. The term "person" as used in this By-Law shall include any individual, group of individuals, associations, partnerships, corporations, business organizations, trust, estate, Commonwealth of Massachusetts when subject to town By-Laws, any public or quasi-public corporation or body when subject to town By-Laws or any other legal entity, including the Town of Arlington or its legal representative, agents or assigns.

Section 7.3. The terms marsh, freshwater wetland, swamp, wet meadow, bog, as used in this By-Law shall be defined in General Laws Chapter 131, Section 40.

Section 7.4. The word "alter" means to change the conditions of any area subject to protection by this By-Law and shall include but not be limited to one or more of the following actions upon areas described in this By-Law:

(a) the removal, excavation or dredging of soil, sand, gravel or aggregate material of any kind;

(b) the changing of pre-existing drainage characteristics, flushing characteristics, salinity distribution, sedimentation patterns, flow patterns and flood storage retention areas;

(c) the drainage, disturbance or lowering of the water level or water table; the dumping, discharging or filling with any material which could degrade the water quality;

(d) the driving of piling, erection of buildings or structures of any kind;

(e) the placing of any object or obstruction whether or not it interferes with the flow of water;

(f) [ART. 23, A.T.M., 4/26/89] the destruction of plant life, including the cutting of trees which might result in environmental damage to the land or a part thereof rendered by this bylaw;

(g) the changing of water temperature, biochemical oxygen demand and other natural characteristics of the receiving water;

(h) any activities, changes or work which pollutes any stream or body of water, whether located in or out of the Town of Arlington.

Section 7.5. "Banks" shall be defined as land adjoining any body of water which serves to confine said water.

Section 7.6. "Bordering" shall be defined to include any land within either of the following or the greater thereof:

(a) 100 feet horizontally lateral from the edge of any bog, marsh, wetmeadow or swamp which borders on a creek, brook, river, stream, pond, lake or wetland,

(b) within the maximum lateral extent of the water elevation of the statistical 100 year frequency storm.

Section 7.7. The Conservation Commission may in its rules and regulations provide such other definitions, or terms used in this By-Law, as it deems useful in order to carry out its obligations under this By-Law.

Section 8. The Conservation Commission may, as part of its Order of Conditions, require, in addition to any security required by any other town or state Board, Commission, agency or officer, that the performance and observance of the conditions imposed hereunder be secured by one, or in part by one and in part by the other of the methods described in the following clauses (1) and (2):

(1) By a proper bond or deposit of money or negotiable securities, sufficient in the opinion of the Conservation Commission to secure performance of the conditions and observance of the safeguards of such Order of Conditions.

(2) By a covenant, executed and duly recorded by the owner of record, running with the land, whereby the conditions and safeguards included in such Order of Conditions shall be performed before any lot may be conveyed other than by mortgage deed.

Section 9. Whoever violates any provision of this By-Law shall be punished by a fine of not more than $300. Each day or portion thereof of continuing violation shall constitute a separate offense. This By-Law may be enforced by any Town Police Officer or other office having police powers.

Section 10. Any request for judicial review from any Order of Conditions or Determination of Applicability issued pursuant to this By-Law must be filed within thirty days from the issuance of the Order of Determination. Failure to do so shall constitute a waiver of such judicial review.

Section 11. The invalidity of any section or provision of this By-Law shall not invalidate any other section or provision thereof, nor shall it invalidate any Order of Conditions which has previously become final.

Section 12. This By-Law shall take effect pursuant to General Laws, Chapter 40, Section 32, and shall apply to all Notices of Intention filed on or after that date and to any subsequent procedures related thereto.

FEE SCHEDULE

Rules:

1. Permit fees are payable at the time of application and are nonrefundable.

2. Permit fees shall be calculated by this department per schedule below.

3. Town, County, State, and Federal projects are exempt from fees.

4. Failure to comply with the law after official notification shall result in fees twice those normally assessed.

Fees:

1. Minor project (house addition, tennis court,

swimming pool, utility work, etc.) $50.

2. Maintenance activity; work in, on

or affecting any body of water, wetland

or floodplain $50.

3. Single family dwelling $400.

4. Subdivisions (road and utilities only) $400. + $2/ft. of roadway sideline within 100' of wetlands

or within land subject to flooding

5. Multiple dwelling structures $400. + $100 per unit all or part

of which lies within 100 ft. of

wetlands or within land subject

to flooding

6. Commercial and Industrial Projects $500. +

$.50/sq. ft. wetland disturbed

$.02/sq.ft. land subject to flooding

or 100 ft. buffer disturbed

7. Extensions

a. Single family dwelling or minor project $25.

b. Other $50.

8. Refilings of previously denied projects original fee or $1,000.,

within 3 years whichever is less

9. Request for Determination $25.

10. Fees for Request for Amendments [ART. 23, A.T.M., 4/26/89] a fee of $300 or 50% of the original filing fee, whichever is less, will be submitted at the same time as a "request for Amendment/Changes" is presented to the Conservation Commission

Note: These fees are in addition to the fees charged for notice of intent under M.G.L. Ch. 131, Section 40. [ART. 25, A.T.M., 5/3/93]

Section 1. No dumpster shall be utilized within the Town unless and until the Board of Selectmen has issued a permit for same. The fee for each permit shall be $24.00. [ART. 3, S.T.M., 11/30/88] The Board of Selectmen is authorized from time to time to adopt and amend Rules and Regulations relating to the existence of dumpsters which shall take into account various appropriate considerations, including but not limited to, positioning and enclosure so as to maximize aesthetic concerns, i.e., odor, noise, unsightliness; character of the neighborhood, traffic and other public safety concerns, and hours of use. Dumpster shall be considered to be any outside container utilized for the collection for disposal of discarded or rejected materials including but not limited to rubbish and garbage, being either intended for a temporary or more or less permanent duration. Failure to secure a permit or violations of regulations promulgated hereunder shall make the owner on whose land the dumpster is placed subject to a fine of not more than $48.00, [ART. 24, A.T.M., 5/4/92] each day that a violation continues to be considered a separate offense.

Enforcement of the By-Law may in the first instance be pursued through the provisions of Section 21D of Chapter 40 of the General Laws which provides for a non-criminal disposition. The enforcing person shall be any police officer of the Town.

Section 1. The Tax Collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board, commission or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve month period and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board.

Section 2. The licensing authority may deny, revoke or suspend any license or permit including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the tax collector, provided however, that written notice is given to the party and the tax collector, as required by applicable provisions of law, and the party is given a hearing to be held not earlier than fourteen days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives a certificate issued by the tax collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate.

Section 3. Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law.

Section 4. The board of selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in section one of chapter two hundred and sixty-eight in the business or activity conducted in or on said property.

This bylaw shall not apply to the following licenses and permits: open burning; section thirteen of chapter forty-eight; bicycle permits; section eleven A of chapter eighty-five; sales of articles for charitable purposes, section thirty-three of chapter one hundred and one; children work permits, section sixty-nine of chapter one hundred and forty-nine; clubs, associations dispensing food or beverage licenses, section twenty-one E of chapter one hundred and forty; dog licenses, section one hundred and thirty-seven of chapter one hundred and forty; fishing, hunting, trapping license, section twelve of chapter one hundred and thirty-one; marriage licenses, section twenty-eight of chapter two hundred and seven and theatrical events, public exhibition permits, section one hundred and eighty one of chapter one hundred and forty.

Section 1. The Town shall indemnify all Town Officials from legal expenses incurred in the defense of any claim, action, award, compromise, settlement, or judgement in an amount not to exceed $100,000. if such official at the time of the act or omission to act that gave rise to such claim, action, award, compromise, settlement or judgement, was acting within the scope of his or her official duties or employment; provided that such official reasonably cooperates with the Town in the negotiation, investigation and defense of any claim or action brought as a result of such act or omission. No such official shall be indemnified under this section for violation of any civil rights, whether brought pursuant to any federal or state enactment, if he or she acted in a grossly negligent, willful, malicious, or intentional manner.

Section 2. It shall not be necessary for temporary indemnification for legal expenses that a final judicial adjudication be had that characterizes the nature of the conduct of the official sued. However, in the event that a court of final jurisdiction determines that said official's conduct constituted a violation of the civil rights of an individual and moreover that said violation was intentional, grossly negligent, willful, or malicious, said official shall be obligated to repay any legal expenses hereunder. Any official indemnified hereunder shall agree in writing to such repayment before money is made available to him or her hereunder.

Section 3. The defense and settlement of any such claim shall be undertaken or negotiated by the Town Counsel or his designee, in which case no legal expense indemnification will be necessary. However, in the event that the Town Counsel determines that a conflict of interest has arisen or is likely to arise by his or her mutual defense of the Town and the official(s), the official(s) shall not be defended by the Town Counsel or his or her designee but may seek outside counsel for such defense. The expense born by the official for outside counsel shall be born by the Town unless the Board of Selectmen, after consultation with the Town Counsel, shall deem said legal fees to be unreasonable in amount, in which event said legal fees shall be subject to the fee arbitration procedure of the Massachusetts Bar Association.

Section 4. Nothing in the section shall be deemed to limit the effect of any indemnification statute applicable to the Town or its officials at the time of any such act or omission. This section shall apply to any settlement or judgement made in compliance with this section on or after the date this section becomes effective.

Section 5. To effectuate the purpose of this By-law, the Town shall consider for appropriation at all subsequent Annual Town Meetings, and may at any Special Town Meeting, occurring after the effective date of this By-law, a fund to be named the Legal Defense Fund, and which shall be carried on the books of the Town as such. Any appropriation of any Town Meeting into this fund shall be carried forward on the books of the Town notwithstanding the expiration of any fiscal year. Expenditures from this fund shall be authorized by written approval of same by the Town Counsel.

Section 6. For purposes of this By-law Town Official shall mean any Town employee and elected and appointed officials.

Section 1. Pursuant to the provisions of Section 8K of Chapter 40 of the General Laws there is hereby established in the Town a Mapping Commission which shall have all the duties and responsibilities imposed upon it by the provisions of said law as presently provided or hereinafter amended including the developing or coordinating the development of comprehensive maps of the Town so as to include, but not be limited to, parcel boundaries, location of utility lines, pipelines, and other structures, land use or items of geographic or geological interest.

Section 2. The Commission is hereby authorized to apply for, receive, expend, represent and act on behalf of the Town in connection with federal grants, grant programs or reimbursements or private grants.

Section 3. The Commission shall consist of five members to be appointed by the Town Manager subject to the approval of the Board of Selectmen and shall serve for three year terms. Town employees shall be eligible for appointment to the Commission provided that their appointment shall cease upon the termination of said employment unless subsequently reappointed thereto. The Town Manager shall consider for such appointment, but not be required to appoint the following officials of the Town: Director of Planning and Community Development, Assistant Director of Planning and Community Development, Town Engineer, Director of Public Works, and the Director of Assessments. Notwithstanding any of the forgoing said members once appointed shall serve until their respective successors are appointed and sworn. Said members shall serve without compensation.

Section 1. The Town shall establish a mandatory curbside collection of newspapers for recycling. The Town shall begin this program as soon as possible after June 30, 1990, but no later than September 30, 1990, pending approval of a reprocessing arrangement. Collection of said newspapers shall be on the same day of the week as regular trash pickup. The newspapers shall be collected by the Department of Public Works or any agent or contractor designated by the Town in the future to collect trash.

Section 1A.[ART. 35, A.T.M., 5/1/91] Subject to the time periods herinafter provided no leaves or yard waste shall be picked up by the Town unless they are secured in a biodegradable paper bag and/or container approved for such use by the Director of Public Works. Pick up of leaves and yard waste shall be limited to a time period in the Fall and Spring respectively as designated by the Director. Leaf pickup will commence in the Fall of 1991, and yard waste in the Spring of 1993.

Section 2. The Town shall establish a voluntary drop-off program for recycling high quality office paper for its employees and residents as soon as feasible.

Section 3. Town contract specifications for the purchase of paper products shall give preference to the purchase of recycled paper when cost is comparable to that of virgin paper.

Section 4. The Town Manager shall designate a Recycling Coordinator for the Town.

Section 5. Any or all of these programs may be discontinued if they are not cost effective. In making this determination for any program, the Town Manager is required to consider whether the costs of the program, reduced by the revenue derived from the sale of recycled material, if applicable, exceeds the costs of the pre-existing system. In the event that he so finds that the program is not cost effective, the Town Manager shall so recommend to the Board of Selectmen in writing. Upon approval of said recommendation by the Board of Selectmen and with advice from the Recycling Committee, the program shall be discontinued. The Board of Selectmen shall report on the progress of this recycling program at the annual Town Meeting.

Section 6. [ART. 35, A.T.M., 5/1/91] The Board of Public Works may enact rules and regulations concerning recycling consistent with the provisions hereof.

There shall be an Arlington Recycling Committee to be appointed by the Town Moderator. The committee shall consist of 9 persons. The committee shall consist of

-- The Town Manager or his or her designee.

-- 8 members to be selected from the registered voters of the town.

The terms of appointment to the committee initially shall be 3 members appointed for 3 years, 3 members appointed for 2 years, and 3 members appointed for 1 year. All reappointments upon the expiration of the original term of appointment shall be for 3 years. Members shall serve until their successors are appointed and qualified.

Any provision of these bylaws may in the first instance may be enforced by the non-criminal disposition procedure provided by the provisions of Section 21D of Chapter 40 of the general Laws. The enforcing person shall be any police officer of the Town.

All Town officials including, but not limited to the Board of Selectmen, Town Manager, School Committee, and Superintendent of Schools shall consider the Goals of Vision 2020 as delineated in Article 19 of the 1993 Annual Town Meeting, or as same is subsequently amended by any future town meeting, in establishing their respective policies and in performing their various public functions.

Section 1. ESTABLISHMENT OF CULTURAL COMMISSION There is hereby established a Cultural Commission which shall consist of seven members all of whom shall be residents of the Town. Six members, one of whom shall be a member of the Vision 2020 Culture and Recreation Task Group, shall be appointed by the Town Manager subject to the approval of the Board of Selectmen and one member shall be appointed by the School Committee. The respective appointing authorities shall consider for appointment, but need not appoint, persons recommended by the Vision 2020 Culture and Recreation Task Group for their initial appointments and, thereafter, persons recommended by the Commission. Two of the initial appointments by the town Manager shall be for a three year term, two for a two year term and two for a one year term. The initial appointment by the School Committee shall be for a three year term. After the initial appointment each term shall be for three years. Each member shall serve until their successors are appointed and sworn. Unexpired terms shall be filled in the same manner as the initial appointment. The Commission shall organize for the conduct of its affairs and shall elect its own officers. Members may be removed by the appointing authority upon request of a majority of the Commission for three or more unexcused absences from Commission meetings in any calendar year.

Section 2. DUTIES AND RESPONSIBILITIES The Commission shall endeavor to:

a. Advocate to promote greater awareness of, and support for, the many cultural opportunities in Arlington;

b. Advise the town and its commissions, committees and boards with respect to all matters of a cultural or artistic nature;

c. Make recommendations to the appropriate authorities on the use of public areas, building and meeting spaces for cultural or artistic performances or exhibits, and recommend guidelines for the conduct of such events;

d. Recommend a long-term Cultural Plan for the Town and report annually on its progress;

e. Accept gifts, contributions and bequests of funds from individuals, foundations and from federal, state or other governmental bodies for the purpose of furthering the Commission's purposes;

f. Recommend policies to the appropriate authorities for the collection, preservations and care of public or Town owned art work;

g. Preserve and promote the cultural and artistic resources of the Town;

h. Work toward establishing Arlington as a significant cultural center;

i. Promote cultural education for all citizens regardless of age;

j. Serve as a vocal, strong and visible advocate for the arts throughout the Town, its schools and its other educational entities;

k. Promote the arts as a viable vocation as well as avocation and encourage the appreciation and understanding of the arts as a means of improving the quality of all endeavors;

l. Recognize and honor Arlington citizens for outstanding service to the Town in the area of cultural affairs;

m. Take all actions which in its judgment will further the purposes for which it was established consistent with the above.

Section 3. BOARD OF ADVISORS The Commission may appoint from time to time a Board of Advisors and ad hoc committees which shall consist of such number as shall be deemed advisable by Commission members to serve at the direction of the Commission's members. Advisors and ad hoc committee members shall be non-voting, consultants to the Commission with any funds to compensate same provided by grants or gifts to the Commission.

Section 4. STAFF POSITION AND OFFICE The Commission may establish an office to manage the Commission's daily activities and may solicit a person or persons to perform this function. The Commission shall define the duties of this position which shall be entitled, Staff Director of the Arlington Cultural Commission. The Staff Director may be paid from any funds received through grants or gifts to the Commission. If no such funds are available, then the appointment thereto may be made on a volunteer basis. The appointment of the Staff Director will be by the Town Manager after considering the recommendation of the Commission and will be subject to the approval of the Board of Selectmen.

Section 1. PREAMBLE The Town of Arlington has formed Vision 2020 as a long-range planning vehicle; and

Vision 2020 has established the Diversity Task Group; and

The goal statement of the Diversity Task Group provides that:

"We value the diversity of our population. Our Town's mix of ethnic, religious and cultural backgrounds, as well as economic and personal circumstances, enriches us all. We will be known for the warm welcome and respect we extend to all;" and

One of the Diversity Task Group's recommendations is the formation of a Human Rights Commission; and

The Vision 2020 Standing Committee, the Fair Housing Advisory Committee, the Affirmative Action Advisory Committee, and others support the creation of such a Commission to foster the policies described in Section II below;

The Town of Arlington does hereby create a Human Rights Commission as provided for in this Bylaw.

Section 2. POLICY OF THE TOWN OF ARLINGTON

a. It is the intention of the Town of Arlington ("Town") to establish a Commission to advance issues related to the fair and equal treatment of individuals, and to create a mechanism for addressing complaints arising out of these issues.

b. It is the policy of the Town to protect every individual in the enjoyment and exercise of his/her human and civil rights and to encourage and bring about mutual understanding and respect among all people within the Town.

c. It is the intention of this Bylaw that all persons be treated fairly and equally. The purpose of this Bylaw is to bring about the elimination of prejudice, intolerance, bigotry, unlawful discrimination, threats, coercion or intimidation based upon an individual's race, color, religious views, national origin, gender, citizenship, age, ancestry, family/marital status, sexual orientation, disability, source of income, or military status, and the disorder occasioned thereby. Nothing in this Bylaw shall be construed as supporting or advocating any particular religious or political view or lifestyle.

d. It shall be considered an unlawful practice under this Bylaw for any person to deny, interfere with, threaten or subject an individual to coercion or intimidation concerning equal access to and/or discrimination in employment, housing, education, recreation, services, public accommodation and public area where such denial, interference, threats, coercion, intimidation or unlawful discrimination against a person is based upon race, color, religious views, national origin, gender, citizenship, age, ancestry, family/marital status, sexual orientation, disability, source of income, or military status.

Section 3. ESTABLISHMENT OF A HUMAN RIGHTS COMMISSION

SUBSECTION A. Scope There is hereby established a Town board to be known as the Arlington Human Rights Commission ("Commission") which shall implement the policy of this Bylaw by:

1. Improving the life of the Town by enlisting community-based groups in educational programs and campaigns to increase mutual respect, harmonious intergroup relations and the peaceful enjoyment of life in our community;

2. Working with Town Government, the School Department, Town Commissions and Boards to increase diversity, as well as awareness and sensitivity to human and civil rights issues;

3. Responding to complaints by persons in the Town who believe that their human or civil rights, as defined in this Bylaw or in state or federal law, have been violated in the Town;

4. Initiating investigations into circumstances which appear to the Commission to be the result of unlawful discrimination against any person(s) in the Town.

SUBSECTION B. Appointment & Terms of Office of Commission Members

1. The Commission shall consist of thirteen (13) members, five of whom will be appointed by the school committee, four by the Town Manager subject to the approval of the Board of Selectmen and four by the Town Moderator. The term of office shall be for three years except two of the initial appointments of the school committee shall be for a term of one year, one of the initial appointments of the Manager and Moderator respectively shall be for one year, two of the initial appointments of the School Committee shall be for two years, one of the appointments of the Manager and Moderator respectively shall be for two years. The members shall be sworn to the faithful performance of their duties, and shall serve until their successors are appointed and sworn. There shall be and Executive Director appointed by the Town Manager.

2. The Commission shall include among its membership individuals publicly solicited and representative of the diversity of the Town.

SUBSECTION C. Residency Requirement All members of the Commission shall be residents of the Town at the time of their appointment and throughout their tenure.

SUBSECTION D. Executive Director Before appointing an Executive Director, the Town Manager shall obtain the approval of the Board of Selectmen and consider the recommendation of the Commission. The Executive Director shall be an employee of the Town and report to the Town Manager. The prospective Executive Director shall have demonstrable experience in human and civil rights, as well as proven ability to work cooperatively in a diverse community.

Subject to the direction of the Commission, the Executive Director shall be responsible for the overall administration of the Commission's activities and shall serve as its executive officer. The Executive Director shall have the power and duty to initiate activities designed to educate and inform the Town about the effects of prejudice, intolerance, and bigotry; to receive and/or initiate complaints and investigations of discriminatory practices as defined by local, state, and federal law; to report his/her findings to the Commission; and to attempt mediation of any complaint alleging discrimination under applicable local, state, and federal law when there is cause for such complaint.

SUBSECTION E. Officers, Quorum, and Adoption of Rules and Regulations

1. The Commission shall elect a Chairperson from among its members at the first meeting each year. The Commission shall endeavor to rotate the election of a Chairperson each year thereafter. The Chairperson shall preside over the meetings of the Commission.

2. Seven (7) members shall constitute a quorum for the purpose of conducting the business of the Commission and all decisions shall be by a majority vote of the Commission members present and voting.

3. The Commission shall adopt rules and regulations consistent with this Bylaw and the laws of the Commonwealth of Massachusetts to carry out the policy and provisions of this Bylaw and the powers and duties of the Commission in connection therewith. The rules shall ensure the due process rights of all persons involved in investigations and hearings.

4. Members of the Commission shall serve without compensation.

5. Members of the Commission may be removed by the appointing authority for just cause.

Section 4. DEFINITIONS

SUBSECTION A. The terms referencing the basis for discrimination as cited in Section II. of this Bylaw are as defined below or in applicable state and federal law, including but not limited to G.L. c.12 Sections 11H and 11I, c.93 Section 102, c.151b, the Civil Rights Act of 1964, as amended (42 USC Section 2000d et seq), the Age Discrimination in Employment Act of 1967, as amended (29 USC Section 621 et seq), the Americans with Disabilities Act (42 USC Section 1210l et seq), the Rehabilitation Act of 1974, as amended (29 USC Section 794), the Civil Rights Act of 1991 (PL 102-166), and the Equal Credit Opportunity Act (15 USC 1601 et seq).

SUBSECTION B. The term "person" includes, but is not limited to, one or more individuals, partnerships, associations, agencies, corporations, legal representatives, trustee, trustees in bankruptcy and receivers, the Town of Arlington, federal or state political subdivisions, boards, committees and commissions, or employees thereof.

SUBSECTION C. The term "religious views" shall encompass a belief in a specific set of religious beliefs, as well as a disbelief or skepticism about any or all religious beliefs.

SUBSECTION D. The term "family status" refers to the actual or supposed condition of having or not having children.

SUBSECTION E. The term "marital status" refers to the actual or supposed state of being or having been unmarried, married, separated, divorced or widowed.

SUBSECTION F. The term "source of income" refers to the actual or supposed manner or means by which an individual supports himself or herself and his or her dependents excluding the use of criminal activities as a means of support.

SUBSECTION G. The term "military status" refers to the actual or supposed condition being, not being, having been or not having been in the service of the military.

Section 5. FUNCTIONS, POWERS & DUTIES OF THE COMMISSION The function of the Commission shall be to implement the policy of this Bylaw by the exercise of the following powers and duties:

SUBSECTION A. To initiate activities designed to educate and inform the Town about the effects of prejudice, intolerance, and bigotry through the following actions:

1. To hold public hearings and public forums, make studies and surveys and to issue such publications and such results of investigations and research as, in its judgment, will tend to promote good will and minimize or eliminate discrimination because of race, color, religious views, national origin, gender, citizenship, age, ancestry, family/marital status, sexual orientation, disability, source of income, or military status.

2. Develop and/or recommend courses of instruction for presentation in public and private schools, public libraries and other suitable places, devoted to eliminating prejudice, intolerance, bigotry and discrimination and showing the need for mutual respect and the achievement of harmonious relations among various groups in the Town.

3. Create such subcommittees from the members of the Commission as, in the Commission's judgment, will best aid in effectuating the policy of this Bylaw.

4. Enter into cooperative working agreements with federal, state and town agencies, and enlist the cooperation of the various racial, religious and ethnic groups, civic and community organizations and other groups in order to effectuate the policy of this Bylaw. Monitor, publicize and, where necessary, act to increase the diversity on appointed Town boards and committees.

5. Render each year to the Board of Selectmen, Town Manager, School Committee and Superintendent of Schools a full written report of all the Commission's activities and recommendations regarding this Bylaw for inclusion the Town Report.

SUBSECTION B. To receive and investigate complaints of and to initiate its own complaints and/or investigations of any violations of this Bylaw.

SUBSECTION C. To attempt by mediation to resolve any complaint over which it has jurisdiction and to recommend to the Town Manager, the Board of Selectmen, the Superintendent of Schools or the School Committee, as appropriate, such action as it feels will resolve any such complaint.

SUBSECTION D. In the case of any unresolved complaint or in the case of any investigation which would be aided thereby, to hold hearings, administer oaths, take the testimony of any person under oath and, in connection therewith, to require production of any evidence relating to any matter in question or under investigation before the Commission.

Section 6. RELATIONS WITH TOWN AGENCIES

SUBSECTION A. The Commission, School Department, Community Safety Department and all other Town departments, agencies, boards and commissions shall work cooperatively to effectuate the policy of this Bylaw.

SUBSECTION B. So far as practicable and subject to the approval of the Town Manager, or, in the case of the School Department, the Superintendent of Schools, the services of all other Town departments, agencies, boards and commissions shall be made available to the Commission for effectuating the policy of this Bylaw. The head of any department, agency or other commission shall furnish information in the possession of such department, agency or commission where such information relates to the duties and responsibilities of the Commission.

SUBSECTION C. The Town Counsel shall provide for representation of the Commission upon the Commission's request.

SUBSECTION D. Any contract entered into by the Town or the School Department or any of their agencies, departments of subdivisions shall contain a convenant by the contractor and each subcontractor not to violate this Bylaw. Breach of this Bylaw shall be regarded as a material breach of such contract.

Section 7. COMPLAINT RESOLUTION PROCEDURES

SUBSECTION A. Any person or class of persons claiming to be aggrieved by an alleged violation of this Bylaw shall make, sign and file with the Commission a verified complaint in writing which shall state the particulars and other such information as may be required by the Commission, including, if known, the name and address of the person alleged to have committed such violation. The Commission may also, on its own, issue a complaint whenever it has reason to believe that any person has engaged in a practice that violates this Bylaw.

SUBSECTION B. No complaint shall be considered unless it is filed within four months after the occurrence of the practice alleged to violate this Bylaw, or unless it has been referred to the Commission by the Massachusetts Commission Against Discrimination or the Equal Employ ment Opportunity Commission after having been filed in a timely manner with either or both agencies.

SUBSECTION C. The filing of a complaint, the failure to file a complaint, or the dismissal of a complaint by the Commission shall not bar the complainant from seeking relief in any other administrative or judicial forum. Nor shall filing or failing to file a complaint with other federal, state or town agencies or courts bar the complainant from seeking relief through the Commission.

SUBSECTION D. After the filing of any complaint, the Chairperson of the Commission shall designate the Executive Director or one or more of the Commissioners to oversee a prompt investigation thereof with the assistance of the staff of the Commission.

SUBSECTION E. After such investigation, the Executive Director or the designated Commissioner(s), as the case may be, shall promptly file a report of such findings with the Commission, which shall determine whether or not to dismiss the complaint. The Commission shall, within ten working days from such determination, notify the complainant in writing of such determination.

1. If such Commissioner(s) determine(s) after such investigations that cause does exist to support the allegations of the complaint or if the Commission so determines, notwithstanding a negative report from such Commissioner(s), the Commission shall forthwith endeavor by mediation to eliminate the practice that violates this Bylaw. The Commission and its staff shall not disclose the terms of mediation when the complaint has been disposed of in this manner pursuant to G.L. c.233 Section 23C unless both parties agree to the disclosure. The Commission may issue orders consistent with its findings during the mediation process.

2. In the case of such a finding under Section VII.E.1., as part of the mediation process the Commission may issue an informal admonition to the respondent. Such a finding shall not be published or made public, pursuant to G.L. c.233 Section 23C.

3. Alternatively, in the case of such a finding of a more serious nature under Section VII.e.1., the Commission may issue a private reprimand to the respondent. A party receiving a private reprimand shall not be eligible for a similar disposition for two (2) years. Such finding shall not be published or made public pursuant to G.L. c.233 Section 23C.

SUBSECTION F. The respondent shall have the right to appeal any action of this Commission to a court of competent jurisdiction, as provided by law.

Section 8. CONTRIBUTIONS TO THE COMISSION The Commission may accept contributions, grants and appropriations from other governmental agencies and from civic and charitable foundations, trusts and other organizations, private or public, to effectuate the policy of this Bylaw.

Section 9. CONSTRUCTION OF BYLAW The provisions of this Bylaw shall be construed liberally for the accomplishment of the purposes hereof. Nothing herein shall be construed to limit civil rights granted or hereinafter afforded by federal or state law.

Section 10. EFFECT OF STATE AND FEDERAL LAW

SUBSECTION A. Nothing in this Bylaw shall be deemed to exempt or relieve any person from any liability, duty, penalty or punishment provided by any present or future law of the Commonwealth of Massachusetts or the United States of America.

SUBSECTION B. Any remedies provided by this Bylaw shall be cumulative with any other remedies provided by local, state or federal law.

Section 11. SEVERABILITY Should any section, provision, paragraph, sentence or word of this Bylaw be declared by a court of competent jurisdiction to be invalid, that decision shall not affect the validity of this Bylaw as a whole, or any part thereof, which shall remain in full force and effect, other that the portion so declared to be invalid.

CHAPTER 43A

STANDARD FORM OF REPRESENTATIVE TOWN

MEETING GOVERNMENT

Sect.

GENERAL PROVISIONS

1. Standard form, adoption by certain towns authorized.

2. procedure.

STANDARD FORM

3. Voting precincts. Establishment; revisions; procedure. Meetings of voters regulated. Certain laws applicable.

4. Elected town meeting members.

5. Representative town meetings. Procedure Resignations, etc., of members.

6. Nominations.

TOWN MEETING ACT

[Accepted by a Vote of Town of Arlington, March 4, 1935]

Sect.

7. Action on articles in warrant.

8. Moderator; moderator pro tempore.

9. Vacancies in membership, how filled.

10. Certain votes subject to referendum. Procedure.

11. Authority to continue to act by representative town meetings. Effect of such action.

12. Right to hold general meetings not abridged. Limitation upon powers of representative town meeting government.

GENERAL PROVISIONS

Section 1. Any town in which there has been constituted and established a form of representative town meeting government under a special statute, enacted in conformity with the provisions of the constitution of the commonwealth, may in substitution therefor adopt the standard form of representative town meeting government provided by sections three to twelve, inclusive.

Section 2. Five per cent of the registered voters of any such town may, not less than ninety days before its annual town meeting, file with the selectmen a petition that there be submitted to the voters of the town the matter of the acceptance of such standard form of representative town meeting government. The selectmen shall thereupon direct the town clerk to cause to be printed on the official ballot used for the election of town officers at such meeting substantially the following question:

Shall the town adopt the standard form of representative town meeting government provided by Chapter forty-three A of the General Laws?

___________ YES
___________ NO

If a majority of the votes cast thereon are in the affirmative such standard form shall thereupon become effective in such town, and the acceptance by the town of the special statute under which it was theretofore governed shall be deemed to be revoked by such vote; provided, that the town meeting members elected at such election or in office under the provisions of such special statute shall, except as otherwise provided therein, remain in office until the next annual town election.

STANDARD FORM

Section 3. Upon the adoption as aforesaid of such standard form of representative town meeting government by the town, its selectmen shall forthwith divide the territory thereof into voting precincts, each of which shall be plainly designated and shall contain not less than four hundred registered voters. The precincts shall be so established as to consist of compact and contiguous territory to be bounded, as far as possible, by the center line of known streets and ways or by other well-defined limits. Their boundaries shall be reviewed, and, if need be, wholly or partly revised, by the selectmen in December, once in five years, or in December of any year when so directed by a vote of a representative town meeting held not later than November twentieth of that year. The foregoing provisions of this section shall not authorize any action contrary to the provisions of Section 9A of Chapter fifty-four.

The selectmen shall, within ten days after any establishment or revision of the precincts, file a report of their doings with the town clerk, the registrars of voters and the assessors, with a map or maps or description of the precincts and the names and residences of the registered voters therein. The selectmen shall also cause to be posted in the town hall a map or maps or description of the precincts as established or revised from time to time, with the names and residences of the registered voters therein; and they shall also cause to be posted in at least one public place in each precinct a map or description of that precinct with the names and residences of the registered voters therein. The division of the town into voting precincts and any revision of such precincts shall take effect upon the date of the filing of the report thereof by the selectmen with the town clerk. Whenever the precincts are established or revised, the town clerk shall forthwith give written notice thereof to the state secretary, stating the number and designation of their precincts. Meetings of the registered voters of the several precincts for elections, for primaries, and for voting upon any question to be submitted to all the registered voters of the town, shall be held on the same day and at the same hour and at such place or places within the town as the selectmen shall in the warrant for such meeting direct. The provisions of chapters fifty to fifty-six, inclusive, relating to precinct voting at elections, so far as the same are not inconsistent with this chapter, shall apply to all elections and primaries in the town upon the establishment of voting precincts as herein before provided.

Section 4. Other than the officers designated in the by-laws of the town as town meeting members at large, the representative town meeting membership shall in each precinct consist of the largest number divisible by three which will admit of a representation thereof in the approximate proportion which the number of registered voters therein bears to the total number of registered voters in the town, and which will cause the total elected membership to be as nearly two hundred and forty as may be.

The registered voters in every precinct shall, at the first annual town election held after the establishment of such precinct, and the registered voters of any precinct affected by any revision of precincts at the first annual town election following such revision, conformably to the laws relative to elections not inconsistent with this chapter elect by ballot the number of registered voters in the precinct, other than the officers designated in the by-laws as town meeting members at large, provided for in the first sentence of this section to be town meeting members of the town. The first third, in the order of votes received, of members so elected shall serve three years, the second third in such order shall serve two years, and the remaining third in such order shall serve one year, from the day of the annual town meeting; in case of a tie vote affecting the division into thirds, as aforesaid, the members elected from the precinct shall by ballot determine the same; and thereafter, except as is otherwise provided herein, at each annual town election the registered voters of each precinct shall in like manner, elect, for the term of three years, one third of the number elected town meeting members to which such precinct is entitled, and shall at such election fill for the unexpired term or terms any vacancy or vacancies then existing in the number of elected town meeting members in such precinct.

The terms of office of all elected town meeting members from every precinct revised as aforesaid shall cease upon the election as hereinbefore provided of their successors. The Town Clerk shall, after every election of town meeting members, forthwith notify each such member by mail of his election.

Section 5. Any representative town meeting held under the provisions of this chapter, except as otherwise provided herein, shall be limited to the town meeting members elected under section four, together with such town meeting members at large as may be provided for by the by-laws of the town.

The town clerk shall notify the town meeting members of the time and place at which representative town meetings are to be held, the notices to be sent by mail at least seven days before the meeting. The town meeting members, as aforesaid, shall be the judges of the election and qualifications of their members. A majority of the town meeting members shall constitute a quorum for doing business, but a less number may organize temporarily and may adjourn from time to time, but no town meeting shall adjourn over the date of an election of town meeting members. All town meetings shall be public. The town meeting members as such shall receive no compensation. Subject to such conditions as may be determined from time to time by the members of the representative town meeting, any registered voter of the town who is not a town meeting member may speak at any representative town

meeting, but shall not vote. A town meeting member may resign by filing a written resignation with the town clerk, and such resignation shall take effect on the date of such filing. A town meeting member who removes from the town shall cease to be a town meeting member, and a town meeting member who removes from the precinct from which he was elected to another precinct may serve only until the next annual town meeting.

Section 6. Nominations of candidates for town meeting members to be elected under this chapter shall be made by nomination papers, which shall show clearly whether he has been a former town meeting member, and, if an elected incumbent of such office, that he is a candidate for re-election and shall bear no other political designation. Such papers shall be signed by not less than ten voters of the precinct in which the candidate resides, shall be filed with the town clerk at least ten days before the election or, in towns which have accepted section one hundred and three A of chapter fifty-four, within the time provided by section ten of chapter fifty-three. They shall be submitted to the registrars of voters and shall be certified in the manner provided in section seven of said chapter fifty-three; provided, that any town meeting member, including any town meeting member in office under the provisions of a special statute under which such town is operating immediately prior to the taking effect therein of the standard form of representative town meeting government provided by this chapter, may become a candidate for re-election by giving written notice thereof to the town clerk not later than fourteen days prior to the last day and hour for filing nomination papers. If a town meeting member is a candidate for re-election, the words "Candidate for Re-election" shall be printed against his name as it appears on the ballot for the election of town officers; provided, that if a town meeting member who has been chosen by the remaining members from the precinct to fill a vacancy under the provisions of section nine is a candidate for election, the words "Candidate for Re-election" shall not be printed against his name as it appears on the ballot. No nomination papers shall be valid in respect to any candidate whose written acceptance is not thereon or attached thereto when filed.

Section 7. The articles in the warrant for every town meeting, so far as they relate to the election of the moderator, town officers and town meeting members, and as herein provided, to referenda, and all matters to be acted upon and determined by ballot, shall be so acted upon and determined by the registered voters of the town in their respective precinct. All other articles in the warrant for any town meeting shall be acted upon and determined exclusively by town meeting members at a meeting to be held at such time and place as shall be set forth by the selectmen in the warrant for the meeting, subject to the referendum provided for by section ten.

Section 8. A moderator shall be elected by ballot at the annual town meeting when his term of office expires, for the term of one or three years, and shall serve as moderator of all town meetings, except as otherwise provided by law, until a successor is elected and qualified. Nominations for and election of a moderator shall be as in the case of other elective town officers, and any vacancy in the office may be filed by the town meeting members at a meeting held for that purpose. If a moderator is absent, a moderator pro tempore may be elected by the town meeting members.

Section 9. Any vacancy in the full number of town meeting members from any precinct, whether arising from a failure of the registered voters thereof to elect, or from any other cause, may be filled, until the next annual election, by the remaining members of the precinct from among the registered voters thereof. Upon petition therefor signed by not less than ten town meeting members from the precinct, notice of any vacancy shall promptly be given by the town clerk to the remaining members from the precinct in which the vacancy or vacancies exist, and he shall call a special meeting of such members for the purpose of filling such vacancy or vacancies. He shall cause to be mailed to every such member, not less than five days before the time set for the meeting, a notice specifying the object, time and place of the meeting. At the said meeting a majority of the members from such precinct shall constitute a quorum, and they shall elect from their own number a chairman and a clerk. The choice to fill any vacancy shall be by ballot, and a majority of the votes cast shall be required for a choice. The chairman and clerk shall count the ballots and shall make a certificate of the choice and forthwith file the same with the town clerk, together with a written acceptance by the member or members so chosen, who shall thereupon be deemed elected and qualified as a town meeting member or members, subject to the right of all the town meeting members to judge of the election and qualifications of the members as set forth in section five.

(The following Acts are not part of Chapter 43 A,

but pertain to the Town of Arlington in particular.)

Chapter 257, Acts of 1979

Notwithstanding section nine of chapter forty-three A of the General Laws, any vacancy in the full number of town meeting members from any precinct in the town of Arlington, whether arising from a failure of the registered voters thereof to elect, or from any other cause, may be filled, until the next annual election, by the remaining members of the precinct from among the registered voters thereof. Upon petition therefor signed by not less than a majority of the existing town meeting members from the precinct, notice of any vacancy shall promptly be given by the town clerk to the remaining members from the precinct in which the vacancy or vacancies exist, and said town clerk shall call a special meeting of such members for the purpose of filling such vacancy or vacancies. Said town clerk shall cause to be mailed to every such member, not less than five days before the time set for the meeting, a notice specifying the object, time and place of the meeting. At the said meeting a majority of the members from such precinct shall constitute a quorum, and they shall elect from their own number a chairman and a clerk. The choice to fill any vacancy shall be by ballot, and a majority of the votes cast shall be required for a choice. The chairman and clerk shall count the ballots and shall make a certificate of the choice and forthwith file the same with said town clerk, together with a written acceptance by the member or members so chosen, who shall thereupon be deemed elected and qualified as a town meeting member or members, subject to the right of all the town meeting members to judge of the election and qualifications of the members as set forth in section five of said chapter forty-three A.

Approved June 8, 1979

Chapter 310, Acts of 1990

Notwithstanding the provisions of section nine of chapter forty-three A of the General Laws, when a vacancy or vacancies occurs in the office of town meeting members in the Town of Arlington, the town clerk of said town shall give notice to the remaining members from any precinct where said vacancy or vacancies exist, for the purpose of calling a special meeting to fill such vacancy or vacancies.

Approved December 11,1990

Section 10. A vote passed at any representative town meeting authorizing the expenditure of twenty thousand dollars or more as a special appropriation, or establishing a new board or office or abolishing an old board or office or merging two or more boards or offices, or fixing the term of office of town officers, where such term is optional, or increasing or reducing the number of members of aboard, or adopting a new by-law, or amending an existing by-law, shall not be operative until after the expiration of seven days, exclusive of Sundays and holidays, from the dissolution of the meeting. If, within said seven days, a petition, signed by not less than three per cent of the registered voters of the town, containing their names and addresses as they appear on the list of registered voters, is filed with the selectmen asking that the question or questions involved in such a vote be submitted to the registered voters of the town at large, then the selectmen, after the expiration of five days, shall forthwith call a special meeting for the sole purpose of presenting to the registered voters at large the question or questions so involved. The polls shall be opened at two o'clock in the afternoon and shall be closed not earlier than eight o'clock in the evening, and all votes upon any questions so submitted shall be taken by ballot, and the check list shall be used in the several precinct meetings in the same manner as in the election of town officers. The questions so submitted shall be determined by a majority vote of the registered voters of the town voting thereon, but no action of the representative town meeting shall be reversed unless at least twenty percent of the registered voters shall so vote. Each question so submitted shall be in the form of the following question, which shall be placed upon the official ballot; "Shall the town vote to approve the action of the representative town meeting whereby it was voted (brief description of the substance of the vote)?" If such petition is not filed within said period of seven days, the vote of the representative town meeting shall become operative and effective upon the expiration of said period. Absent voter ballots shall be used at such election in accordance with the provisions of chapter fifty-four.

Section 11. The town, after the acceptance of this chapter, shall continue to have the capacity to act through and be bound by its town meeting members, who shall, when convened from time to time as herein provided, constitute representative town meetings; and the representative town meetings shall exercise exclusively, so far as will conform to the provisions of this chapter, all powers vested in the municipal corporation. Action in conformity with all provisions of law now or hereafter applicable to the transaction of town affairs in town meeting, shall, when taken by any representative town meeting in accordance with the provisions of this chapter, have the same force and effect as if such action had been taken in a town meeting open to all the voters of the town as organized and conducted before the establishment in said town of representative town meeting government.

Section 12. This chapter shall not abridge the right of the inhabitants of the town to hold general meetings, as secured to them by the constitution of this commonwealth; nor shall this chapter confer upon any representative town meeting in any town the power finally to commit the town to any measure affecting its municipal existence or substantially changing its form of government without action thereon by the voters of the town at large, using the ballot and the check list therefor.

ARLINGTON

List of Legislative Acts Specifically Affecting the Town of Arlington

All Dates Except Where Otherwise Stated Indicate the

Date of Acceptance by the Town

Year Chapter Subject

1. R.L. 18 Engine Men . . . . . . . . March 5, 1838

2. 1855 98 Fire Department created . . . . . May 23, 1855

3. 1855 391 Offensive trade . . . . . . . . Nov. 1855

4. 1855 43 Establishment sidewalks . . . . . . March 3, 1856

5. 1855 469 Abate nuisances . . . . . . . March 3, 1856

6. 1867 242 Trees . . . . . . . . . . April 6, 1868

7. 1869 366 Sec. 1 - Cattle . . . . . . . . March 7, 1870

8. 1869 169 Street betterments . . . . . . . March 6, 1871

9. 1872 137 Cemetery . . . . . . . . .

10. 1873 242 Water in Arlington . . . . . . .

11. 1890 386 Ballots . . . . . . . . . . Feb. 17, 1891

12. 1885 309 Licensing Groves for Picnics, etc.. . . . March 6, 1893

13. 1883 203 Sec . 1 - Assessors . . . . . . . March 13, 1893

14. P.S. 27 Secs. 65, 66, 67, 68 Assessors . . . . March 13, 1893

14a. P.S. 27 Secs. 64-68 inc. Selectmen . . . . . March 13, 1893

15. P.S. 50 Secs. 20-23 inc. Sidewalks . . . . . March 15, 1894

16. 1893 477 Plumbing Regulations . . . . . . March 15, 1894

17. R.L. 51 Secs. 1-9 inc. Street betterments . . . . March 15, 1894

18. 1882 154 Public Parks . . . . . . . . March 15, 1894

19. 1893 304 Sewer Commissioners . . . . . . Dec. 29, 1894

20. 1895 186 Watering Streets . . . . . . . March 23, 1896

21. 1896 267 Parks in Arlington . . . . . . .

22. 1896 282 Sewers in Arlington . . . . . . .

23. 1897 249 Board of Survey . . . . . . . Nov. 8, 1897

24. 1894 481 Sec. 11 Fire Limits re-buildings . . . . April 7, 1898

25. 1894 455 Licensing plumbers . . . . . . . Nov. 29, 1898

26. 1899 344 Laborers - 8 hour day . . . . . . March 5, 1900

27. P.S. 101 Secs. 1-5 inc. Suppression nuisances . . . Nov. 19, 1900

28. 1900 140 Maintenance reservoir and lands

as public park . . . . . . . April 2, 1900

29. 1900 91 April 19 and July 4 in Arlington . . . .

30. 1903 454 Luce Act - Joint Primaries . . . . . Nov. 3, 1903

31. 1904 3 Board of Public Works . . . . . Feb. 8, 1904

32. 1904 129 Sewer Assessments in Arlington . . . .

33. R.L. 103 Plumbing . . . . . . . . . May 2, 1905

34. R.L. 104 Secs. 4, 5, 6, 7, 8, 9, 10, 12, 13, Buildings . . Aug. 24, 1905

35. 1906 529 Purification of rivers - Selectmen . . . . Oct. 26, 1906

36. 1906 168 Town Meetings . . . . . . . . Sept. 30, 1907

37. R.L. 78 Secs. 21 - 25 inc. Board of

Cemetery Commissioners . . . . Nov. 18, 1907

38. 1908 209 Forest fires . . . . . . . . . March 1, 1909

39. 1910 64 Spy Pond Athletic Field . . . . . .

40. R.L. 19 Sec. 37 Civil Service for Police . . . . March 20, 1911

41. 1911 405 Boundary Lines - Cambridge-Arlington -

Selectmen . . . . . . . . May 22, 1911

42. 1911 G.C. Counties - Retirement system for employees . Nov. 7, 1911

43. 1911 468 Civil Service Chief Police . . . . . March 4, 1912

44. 1912 503 Pensioning laborers . . . . . . . Nov. 5, 1912

45. 1912 635 Tenement House Act (see No. 84) . . . Nov. 19, 1912

46. 1904 327 Pensioning Permanent Members of

Police & Fire Departments . . . . March 31, 1913

47. R.L. 48 Sec. 103 Establishing Building Lines . . . March 31, 1913

48. 1913 807 Compensation injured public employees - County Nov. 4, 1913

49. 1913 807 Compensation injured public employees - Town March 2, 1914

50. 1914 217 Laborers' vacations . . . . . . . Nov. 3, 1914

51. 1914 688 Saturday half-holiday . . . . . . Nov. 3, 1914

52. 1914 790 Primaries, party enrollment . . . . . Nov. 3, 1914

53. 1914 795 Fire Prevention in Metropolitan District . . March 1, 1915

54. 1916 57 Special Assistant Assessors . . . . . March 6, 1916

55. 1916 98 Constitutional Convention . . . . . Nov. 7, 1916

56. 1916 104 New Year's Day Legal Holiday . . . . Nov. 7, 1916

57. 1916 179 Voting in primaries regulated . . . . Nov. 7, 1916

58. 1913 819 Representative support . . . . . . Nov. 7, 1916

59. 1916 291 Tenure Office - Fire Dept. Chief . . . . March 5, 1917

60. 1916 293 Jitney Act . . . . . . . . . March 19, 1917

61. 1917 254 Pay of town employees in U.S. Service . . March 4, 1918

62. 1917 268 Special Civil Service to school janitors . . March 4, 1918

63. 1917 23 Licensing Coffee Houses . . . . . March 4, 1918

64. 1917 192 Mill Brook . . . . . . . . .

65. 1917 338 Park Land - Cemetery . . . . . .

66. 1918 79 Special Compensation for injuries -

Call Firemen (see No. 83) . . . . March 25, 1918

67. 1919 311G Continuation Schools for employed minors . Nov. 4, 1919

68. 1919 116 Deposits in Savings Banks . . . . . Nov. 4, 1919

69. 1907 576 Secs. 102 - 105 inc. Municipal Insurance . . Sept. 16, 1920

70. 1920 166 Police Officers' day off . . . . . . Nov. 2, 1920

71. 1920 642 Special Limited Town Meetings . . . . Jan. 24, 1921

72. G.L. 140 Secs. 194-196 inc. Renting boats,

bathing suits, etc. . . . . . . Sept. 8, 1921

73. 1921 368 Suits by and against voluntary associations . Nov. 7, 1922

74. 1922 427 Carry into effect 18th Amendment

Constitution of U.S. . . . . . . Nov. 7, 1922

75. 1922 459 District Attorneys - Members of bar . . . Nov. 7, 1922

76. G.L. 48 Secs. 42-44 inc. Fire Dept. . . . . . March 28, 1923

77. G.L. 44 Accounting System - Sec. 35 . . . . . Dec. 5, 1923

Voted on by Selectmen. . . . . . Dec. 10, 1923

78. G.L. 41 Town Accountant . . . . . . . June 4, 1924

Voted on by Selectmen . . . . . July 1, 1924

79. 1923 370 Manufacture and Transportation Liquor . . Nov. 6, 1924

80. 1923 473 Deposit and Transportation of Money -

Bonded to State Treasurer . . . . Nov. 4, 1924

81. 1924 27 Reserve Police Force in Arlington . . .

82. 1924 308 Supplying Water to Winchester . . . .

83. 1918 79 Special Pensioning Call Members - Fire Dept.

(see No. 66) . . . . . . . March 26, 1926

84. 1912 635 Tenement House Act Revoked (see No. 45) . March 26, 1926

85. G.L. 41 Sec. 97 Police Departments . . . . . March 26, 1926

86. G.L. 40 Secs. 42A and 42F inc., inserted by Chap. 391

Acts of 1923 - Relating to Collection of

Water Rates . . . . . . . . April 7, 1927

87. G.L. 94 Sec. 120A inserted by Sec. 2 of Chap. 496 of

the Acts of 1924 - Relating to

Fees for Slaughtering . . . . . . April 7, 1927

88. 1927 145 Board of Survey - Amendment . . . .

89. G.L. 40 Sec. 13A inserted by Chap. 234 of the Acts

of 1923 relating to Insurance Fund

Workmen's Compensation . . . . . March 21, 1928

90. G.L. 136 Lords Day - Sports and Games . . . . Rejected

(see No. 102) . . . . . . . April 10, 1929

91. G.L. 40 Police and Fire Departments - Uniforms . . Jan. 14, 1931

92. 1931 140 Sewer Assessments . . . . . . .

93. 1932 179 Consolidation and Centralization of Authority Rejected

June 14, 1932

94. 1921 14 Assistant Assessors . . . . . . . June 21, 1932

95. G.L. 152 Workmen's Compensation - including foremen,

sub-foremen and inspectors . . . . June 21, 1932

96. 1933 218 E. L. Wellington Playground - Conveyance .

97. G.L. 40 Sec. 12 - Bathing Places . . . . . . March 30, 1932

98. 1933 120 Wines and Malt Beverages . . . . .

99. G.L. 31 Civil Service - Fire Dept . . . . . . March 28, 1934

100. G.L. 136 Lord's Day - Sales . . . . . . . March 28, 1934

101. G.L. 31 Civil Service - All Town Employees . . . April 23, 1934

102. G.L. 136 Lord's Day - Sports and Games (see No. 90) . April 23, 1934

103. G.L. 43A Representative Town Meeting Gov't. . . March 4, 1935

104. G.L. 41 Vacations for Police and Firemen . . . March 27, 1935

105. G.L. 32 Pensions - School janitors . . . . . Rejected

April 3, 1935

106. G.L. 115 Regulation of payment of State and Military Aid Rejected

and Soldiers' Relief, etc. . . . . . April 3, 1935

107. 1936 318 Contributory Retirement System . . . . Nov. 3, 1936

108. 1936 112 Park Land, Chestnut St. - Sale . . . .

109. 1937 85-S.1 (S.16A-C.147) One day off in seven for Police

Officers. Voted on by Selectmen . . . Jan. 31, 1938

110. 1938 371 Changing and establishing portion of Arl.-Bel.

boundary line and making changes in certain

laws relative to the territory affected . . Oct. 3, 1938

111. 1937 77 Absentee voting in town elections . . . Oct. 3, 1938

112. 1935 309 Rights of persons on reserved

spaces in public ways . . . . . Oct. 3, 1938

113. 1939 419 (S.13C - C.147) Abolition of reserve police force April 5, 1940

114. 1938 426-S2. (S.16B - C.147) One day off in six

for Police Officers . . . . . . March 19, 1941

115. 1941 710 Registration and operation of bicycles . . March 13, 1942

116. G.L. 43A S.8 - Election of Moderator for term

of three years . . . . . . . Nov. 29, 1943

117. G.L. 40 S.6C - Removal of snow and ice from private way March 6, 1944

118. G.L. 41 S.1 - Election of Tree Warden for

term of three years . . . . . . March 24, 1944

119. G.L. 74 State-aided vocational education . . . . March 24, 1944

120. G.L. 115 S.3A - Administration of state or military

aid or soldiers' relief . . . . .

121. G.L. 32 (S.56 to 59, incl.) Retirement of veterans of

Spanish and World Wars . . . . April 3, 1944

Voted on by Selectmen . . . . .

122. G.L. 40 S.27A - Reconsideration of proposed changes

in ordinance or by-law after unfavorable

action of town meeting . . . . . March 21, 1945

123. G.L. 40 C.3OA - Reconsideration of appeal or petition for

variance from terms of ordinance or by-law

after unfavorable action of board of appeals March 21, 1945

124. 1945 447 Vacations to employees after

serving in armed forces . . . . . Oct. 22, 1945

Voted on by Selectmen . . . . . March 24, 1944

125. 1945 723 Furnishing information, advice and assistance

to veterans of W W II or other veterans . Jan. 2, 1946

126. G.L. 41 S.111B - Sick leaves for laborers,

workmen and mechanics . . . . . Jan. 2, 1946

127. G.L. 44 S.65 - Authorizing advances of vacation pay . March 15, 1946

128. 1946 372 Housing for Veterans of World War II . . Dec. 2, 1946

129. G.L. 149 S.30 - Six day week for certain public employees

and persons employed on public works . Dec. 2, 1946

130. 1946 576 S.6 - Retirement of permanent members of

the Police and Fire Departments . . . Dec. 2, 1946

131. G.L. 71 S.40 - Equal pay for men and women teachers March 3, 1947

132. 1946 559 Increases in retirement allowances of

former public employees . . . . March 12, 1947

133. G.L. 48 S.58A - Seventy hour week for permanent

members of Fire Department . . . March 14, 1947

134. G.L. 41 S.110A - Closing of public offices on Saturdays May 20, 1947

135. G.L. 48 S.58B - Forty-eight hour week for permanent

members of the Fire Department . . March 1, 1948

136. G.L. 136 S.4B - Licensed operation on Lord's

Day of Bowling Alleys . . . . . March 22, 1948

137. G.L. 148 S.56 - Licensing of open-air parking spaces . Dec. 27, 1948

138. 1948 588 Increases of amounts of pensions

payable to certain retired public

employees and to beneficiaries . . . March 7, 1949

139. G.L. 149 S.33A - Forty hour work week, town employees March 20, 1950

140. 1950 783 Increases in retirement allowances to persons

retired after Jan. 1, 1946 . . . . . March 28, 1951

141. 1950 820 Increases in the annual amounts of certain

pensions, retirement allowances, annuities

and other benefits payable to certain former

employees and persons claiming under them March 28, 1951

142. G.L. 40 Sec. 6E as inserted by Chap. 538 of the Acts

of 1950 - relating to the making of temporary

minor repairs on private ways . . . March 28, 1951

143. G.L. 40 S.6A - Authorizing appropriations for

municipal advertising . . . . . April 5, 1951

144. 1951 477 Relating to retirement of Clarence Needham as

Town Accountant and Compensation Agent.

Voted on by Selectmen . . . . . Feb. 18, 1952

145. 1952 503 Town Manager Form of Government . . Nov. 4, 1952

146. 1951 781 Increasing the amounts of pensions and

retirement allowances payable to

certain former public employees . . . March 18, 1953

147. 1952 624 Increasing the amounts of pensions,

retirement allowances and annuities

to certain former public employees . . March 18, 1953

148. 1953 11 Authorizing Town to sell and convey land

at Forest and Summer Sts., as described

in Article 53 of the Warrant for 1953

Annual Town Meeting . . . . . March 20, 1953

149. G.L. 175 S.133-138A, incl. as inserted by Chap. 239

of the Acts of 1952 - relating to Group

Life Insurance for employees . . . March 17, 1954

150. G.L. 41 S.100A - Indemnification for damages, etc.,

incurred out of injuries arising out of

operation of publicly owned vehicles, etc . March 17, 1954

151. G.L. 41 S.100B as inserted by Chap. 628 of the Acts

of 1953 - relating to indemnification of

certain retired police officers and fire

fighters for certain expenses . . . . March 17, 1954

152. 1955 670 Increasing the amounts of pensions, etc.,

payable to certain former public employees Jan. 9, 1956

153. G.L. 32B Inserted by Chap. 760 of the Acts of 1955 -

relating to Group Life, Accident,

Hospitalization, Medical and Surgical

Insurance for employees . . . . . March 5, 1956

154. 1955 332 As amended by Chap. 639 of the Acts of 1955 -

relating to levying of special assessments

for laying of water pipes . . . . . March 26, 1956

155. G.L. 152 Workmen's Compensation - terms "laborer,

workmen and mechanics' in S.68 to 75, incl.,

to include all employees except members of

Police or Fire Force . . . . . . March 18, 1957

156. G.L. S.85 as inserted by Chap. 374 of the Acts of

1956 - providing pensions for widows of

policemen and fire fighters under

non-contributory retirement law . . . March 20, 1957

157. G.L. 32 S.89B as inserted by Chap. 733 of the Acts of

1956 - providing annuities to dependents of

certain police officers and fire fighters

killed in the performance of duty . . March 20, 1957

158. G.L. 40 S.8A - authorizing establishment of

commission to promote business and industry March 25, 1957

159. G.L. 90 S.18A, inserted by Chap. 409 of Acts of

1962, entitled, "Rules Regulating Use of

Ways by Pedestrians, Non-Criminal

Disposition of Violations" . . . . March 18, 1963

160. G.L. 32B Inserted by Chap. 595 of the Acts of 1959 -

relating to Town paying one-half premium

costs payable by retired employees for

group life insurance, etc. . . . . March 2, 1964

161. G.L. 53 Sec. 9A as inserted by Section I of Chap. 249

of the Acts of 1962, entitled: "An Act

Regulating The Issuance Of Nomination Papers

for Use in City And Town Primaries and

Elections, And Providing A Limit To The

Number Of Such Papers Obtainable . . March 19, 1964

162. G.L. 32 Sec. 77A inserted by Section l of Chapter 750

of the Acts of 1957 entitled, "An

Act Providing Pensions for Widows of

Laborers Under The Non-Contributory

Pension System" . . . . . . March 19, 1964

163. G.L. 32 Sec. 95A - Annuity to Surviving Spouse etc.

of Certain Officials or Employees (subject

to limitations as set forth in vote) . . March 23, 1964

Change in limitations - see Article 9 March 15,

1965; see Article 24, March 22, 1972

164. G.L. 41 Sec. 100D - Indemnification for Officers or

Employees for Damages Incurred on Account

of Injuries Arising Out of Their Operation of

Municipally Owned Vehicles or Vessels . March 15, 1965

165. G.L. 40 Sec. 8C relating to the appointment of a

Conservation Commission . . . . March 21, 1966

166. 1966 612 Relating to placing the office of Chief of the

Fire Department of the Town of Arlington

under the Civil Service Law and rules upon

occurrence of a vacancy in said office . March 20, 1967

167. G.L. 32 S.77C - relating to "Protection of Pension

Rights of Certain Laborers in Certain

Cities and Towns" . . . . . . March 18, 1968

168. G.L. 48 S58D - Forty-two hour week for permanent

members of Fire Department . . . March 1, 1969

169. G.L. 32B S.8A - Inserted by Chapter 374 of the Acts of

1965 - relating to distribution to insured

employees, after deducting town's

administrative cost, balance of group

insurance dividend, etc. . . . . . March 1, 1969

170. 1969 810 Authorizing certain organizations to conduct

Raffles and Bazaars . . . . . . Aug. 26, 1969

171. G.L. 90 Section 20C "Violation of Parking Regulations,

etc., in Certain Cities and Towns; Notice;

Appearances; Schedule of Fines;

Proceedings not Criminal" . . . . March 18, 1970

172. G.L. 40 Sections 8D and 5(56) Establishment of an

Historical Commission . . . . . April 27, 1970

173. G.L. 138 Section 11 - Sale of all alcoholic beverages

by hotels having a dining room capacity of

not less than ninety-nine persons and lodging

capacity of not less than fifty rooms . . Nov. 3, 1970

174. G.L. 71 Sections 16 to 16-1, inclusive, providing for

the Establishment of a Regional Vocational

Technical School District . . . . March 6, 1971

175. G.L. 41 Section 108L "An Act Establishing a Career

Incentive Pay Program for Regular Full-Time

Police Officers and Providing for Partial

Reimbursements by the Commonwealth

for Certain Cities and Towns" . . . March 15, 1971

176. 1971 738 An Act providing for a Redevelopment Board

and abolishing the Planning Board and

Board of Public Welfare . . . . . Sept. 9, 1971

177. 1972 31 An act providing that the placement of the

names of candidates for public office

on the official ballots used in Municipal

Elections in the town of Arlington shall

be by drawn lots. (Article 26-11/1 71) . Feb. 28, 1972

178. G.L. 138 Section 11 - Sale of all alcoholic beverages

by clubs and war veterans' organizations . March 4, 1972

179. 1971 486 Section 4 - Authorizing the Licensing of a

Game commonly called Beano . . . March 4, 1972

180. G.L. 32 Section 90A - An act authorizing certain cities

and towns to increase the retirement Allowance

of certain former employees retired on

account of accidental disability . . . March 22, 1972

181. G.L. 32 Section 90C - An act authorizing certain cities

and towns to increase retirement allowance of

any former employee on account of super-

annuation after having served such city or

town for a period of not less than

twenty-five years . . . . . . April 24, 1972

182. G.L. 44 Section 53C - Revolving Fund -

Police Work Details . . . . . . Oct. 10, 1972

183. 1973 646 An Act establishing a Park and Recreation

Commission in the Town of Arlington

(Article 27- 3/28/73) . . . . . Aug. 20, 1973

184. G.L. 32B Section 11B "Insurance for Elderly

Government Retirees" . . . . . March 17, 1975

185. 1975 586 An Act authorizing the payment of Public

Employees by means of Direct Bank

Credits (Article 72-5/10/76) . . . . Sept. 3, 1975

186. 1975 808 An Act Further Regulating the

Zoning Enabling Act . . . . . May 5, 1976

187. G.L. 148 Section 26C - An Act requiring the

Installation of Automatic Smoke or Heat

Detectors in Hotels, Boarding or Lodging

Houses or Family Hotels . . . . May 10, 1976

188. G.L. 41 Section 1001 - Indemnification of Municipal

Officials from loss . . . . . . May 10, 1976

189. 1977 196 An Act authorizing the Board of Selectmen

of the Town of Arlington to Adopt

Certain Rules and Regulations Relative

to the Towing of Motor Vehicles in

said Town. (Article 70-5/5/76) . . . May 31, 1979

190. G.L. 41 Chapter 480, Section 9 of the Acts of 1976

which Amends Massachusetts General Laws

Chapter 41, Section 108L, as amended.

(Article 93-4/27/77) . . . . . April 27, 1977

191. 1977 382 An Act Exempting The Office of Town Accountant

and the Position of Workmen's Compensation

Agent in the Town of Arlington from the

provisions of the Civil Service Law.

(Article 12 - Special Town Meeting 3/28/77) July 26, 1979

192. G.L. 40C Creating Broadway Historic District.

(Article 75-4/11/77) . . . . . July 21, 1979

192A. G.L. 40C Enlargement of Broadway Historic District

(Article 63-3/23/81) . . . . . Sept. 16, 1981

193. 1977 810 An Act directing the Board of Selectmen to lease

certain unused property of the Town of Arlington

for not more than ninety-nine years . . Dec. 12, 1979

194. 1977 887 An Act relative to the granting of Licenses for

the sale of all Alcoholic Beverages by certain

Restaurants in the Town of Arlington . Dec. 30, 1977

195. G.L. 32 Section 99. Advance Payments of Retirement

Allowance. (Article 104) . . . . . May 15, 1978

196. G.L. 32B Section 9D. Payment of Health Insurance Premiums

for Surviving Spouses. (Article 105) . . May 10, 1978

197. 1979 257 An Act Relative to the Filling of Vacancies in

the Office of Town Meeting Member in the Town

of Arlington. (Article 98 - 4/26/78) . . June 8, 1979

198. 1979 302 An Act Authorizing the Town of Arlington to

Provide for the Redemption and Refunding

of Certain Bonds or Notes.

(Article 2 - 4/23/79) . . . . . June 22, 1979

199. 1979 308 An Act Revising the Personnel Department

Structure and Establishing a Personnel

Review and Appeals Board in the Town of

Arlington. (Article 36 - 4/4/79)

(Amends Town Manager Act) . . . June 22, 1979

200. 1979 322 An Act Authorizing the Town of Arlington to

Lease a Certain Parcel of land in said

Town. (Article 7 - 10/19/77) . . . June 25, 1979

201. 1979 492 An Act Authorizing Certain Communities to

Proceed Under Community Television

Commission Emergency Regulations

(includes Arlington) . . . . . . Aug. 14, 1979

202. 1979 514 An Act Authorizing the Town of Arlington to

sell and convey a certain parcel of Park

Land in said Town to the Arlington Boys'

Club, Inc. (Article 96 - 5/21/79) . . . Aug. 16, 1979

203. 1979 620 An Act Further Defining the Department,

Commissions, Boards and Offices

Under the Supervision and Direction of

the Town Manager in the Town of

Arlington. (Article 36 - 4/4/79)

(Amends Town Manager Act) . . . Oct. 5, 1979

204. G.L. 40D Establishment of Industrial Development

Financing Authority. (Article 76 - 5/28/80) May 28, 1980

205. G.L. 44 Section 53D-Establishment of a Recreation and

Park Self-Supporting Service Revolving Fund.

(Article 89-6/2/80) . . . . . . June 2, 1980

206. G.L. 148 Section 26E - An Act Requiring the Installation

of smoke Detectors in Certain Residential

Buildings and Structures.

(Article 91 - 4/30/80) . . . . . April 30, 1980

207. 1980 336 An Act Authorizing the Transfer of a Certain

Parcel of Land in the Town of Arlington

from the Conservation Commission thereof to

the Care and Control of the Town Manager

and the Board of Selectmen.

(Article 6 - 5/7/80) . . . . . . June 27, 1980

208. G.L. 83 The Town accepts the provisions of Section

16A-16F of Chapter 83 MGL inclusive,

relating to the adoption of a lien

procedure for sewer charges owed to the

Town. (Article 7-3/18/81) . . . . March 18, 1981

209. 1981 387 An Act Authorizing the Redevelopment Board

of the Town of Arlington to Sell or Lease

a Certain Parcel of Land. (Article 3-3/18/81) August 8, 1981

210. G.L. 41 Section 1081 Rescinding Acceptance of

Permissive Legislation, (Career Incentive

for Police Officers) Article 26 . . . Sept. 16, 1981

211. 1981 404 An Act Increasing the Powers of the Water

Commissionmers of the Town of Arlington to

include Flood Control. (Article 96-3/25/81). Sept. 24, 1981

212. G.L. 41 Section 23D - Establishment of Data Processing

Advisory Board (Article 5) . . . . March 24, 1982

213. G.L. 41 Section 23D - Establishment of Consolidated

Data Processing Department (Article 7) . March 24, 1982

214. G.L. 40C Establishment of Central Street Historic

District (Article 71) . . . . . . June 9, 1982

215. G.L. 90 Section 2OA 1/2 - New Legislation on Local

Enforcement of Parking Regulations

(Parking Clerk) (Article 23) . . . . March 31, 1983

216. 1982 561 An Act Exempting the Position of Director

of Fire Services within the Department of

Community Safety in the Town of Arlington

from the Provisions of the Civil Service Law Dec. 23, 1982

217. G.L. 40C Establishment of Russell Historic District

(Article 78) . . . . . . . . April 27, 1983

218. G.L. 59 Section 5 - Clause Seventeen C - Reimbursement

of Abatements. (Article 81) . . . . April 27, 1983

219. G.L. 59 Section 5 - Clause 37A - Tax Exemption for

Blind Persons (Article 82) . . . . April 27, 1983

220. G.L. 59 Section 5 - Clause forty-first B - Tax

Exemption for Certain Elderly Property Owners.

(Article 83) . . . . . . . . April 27, 1983

221. G.L. 148 Section 26G - Installation of Sprinkler Systems

in Certain Buildings. (Article 86) . . . April 27, 1983

222. 1983 405 An Act Establishing the Town of Arlington

Scholarship Fund. (Article 3) . . . March 28, 1983

223. 1983 501 An Act Authorizing the Issuance of a Beano

License to the Arlington Seniors Association,

Incorporated of the Town of Arlington . Nov. 17, 1983

224. 1983 576 An Act Exempting the Position of Appraiser/

Director of Assessment, Computer Evaluations

Office Administrator in the Town of Arlington

from the civil Service Law.

(Article 80 - 4/27/83) . . . . . Dec. 16, 1983

225. 1983 577 An Act Exempting the Position of Assistant

Assessor in the Town of Arlington from the

Civil Service Law. (Article 79 - 4/27/83) . Dec. 16, 1983

226. 1984 428 An Act Relative to Quorums of Town Meetings

in the Town of Arlington (Article 65) . April 3, 1985

227. 1985 20b An Act Relative to Investment of Funds of

Town of Arlington Scholarship Fund

(Article 16 - S.T.M. 3/25/85) . . . July 29, 1985

228. 1985 234 Town of Arlington Expenditure Plan Targeted

Educational Needs Fiscal Year 1985 . . March 25, 1985

229. 1985 262 An Act Exempting Employees in Office of

Board of Assessors in Town of Arlington

from Civil Service Law (Article 71 - 1985). Sept. 17, 1985

230. 1985 188 Section 13 - Professional Development Grant

Program (Article 2 - Special Town Meeting). Nov. 18, 1985

231. 1986 311 An Act Exempting Positions in the Office of the

Town Clerk in Town of Arlington from Civil

Service Law (Article 7 - 4/8/85) . . . July 22, 1986

232. 1986 306 Enterprise Fund - Council on Aging (Article 67) April 6, 1987

233. 1986 306 Enterprise Fund - Recreational Programs

(Article 69) . . . . . . . . April 6, 1987

234. 1986 306 Enterprise Fund - Skating Rink (Article 70) . April 6, 1987

235. 1986 306 Enterprise Fund - Sewer/Water (Article 71) . April 6, 1987

236. 1987 355 An Act Relative to Voting Date at Town

Meeting - Amendment of Town Manager

Act (Article 72 - 4/6/87) . . . . April 6, 1987

237. G.L. 59 Section 5, Clause 41-C - Real Estate Tax

Exemptions (Article 73) . . . . . April 6, 1987

238. G.L. 59 Section 5, Clause 17D - Real Estate Tax

Exemptions (Article 74) . . . . . April 6, 1987

239. G.L. 148 Section 26H - Sprinklers - Lodging

Houses (Article 75) . . . . . . April 6, 1987

240. G.L. 40 Section 57 - Relative to "Local Licenses

and Permits; denial, revocation or

suspension for failure to pay municipal

taxes or charges" . . . . . . April 27, 1988

241. G.L. 71 Section 71 - Relative to permitting school

department to expend fees derived from

adult and community education classes

without appropriation . . . . . Nov. 30, 1988

242. 1988 279 An Act Authorizing the Town of Arlington

to Convey Certain Parcel of Conservation Land

(Brattle St. - Art. 77 - 5/23/88) . . . Nov. 10, 1988

243. 1989 502 An Act amending Section 22 of Chapter 503-Acts

of 1952 (Town Manager Act) RE: increasing

membership - Library Trustees

(Article 21-4/26/89 A.T.M.) . . . . Nov. 10, 1989

244. G.L. 32 Section 90G 1/2 RE: Deductions for members of

Contributory Retirement System over age 70

continuing employment

(Article 16-1990 A.T.M) . . . . . April 23, 1990

245. G.L. 32 Section 22 (1 (b 1/2)-RE: Repeal of $30,000

restriction - calculation of retirement

allowance (Article 19-1990 A.T.M.) . . June 11, 1990

246. 1989 653 Section 41-RE: Allowing Town to collect

property taxes on quarterly basis

(Article 21-1990 A.T.M.) . . . . June 11, 1990

247. 1989 455 Authorizing Town as a self-insured workers'

compensation entity (Article 22-1990 A.T.M.) April 23, 1990

248. G.L. 44 Section 53E-Re: Establishment of offset receipts

in conjunction with Control of Street

Excavation and Repair to Private Ways; RE:

Offset of receipts of certain user fees

received by Conservation Commission

(Sec. 40, MGL Ch. 131, Wetlands Protection Act

and Article 29 of By-Laws for Wetlands

Protection) (Article 23-1990 A.T.M.) . . May 2, 1990

249. G.L. 40 Section 39K-RE: Enterprise Fund - Arlington

Youth Consultation Center (Article 26-

1990 A.T.M.) . . . . . . . June 11, 1990

250. 1990 226 An Act establishing a Personnel Board in the Town

of Arlington (Article 32-5/1/89 A.T.M.) . Sept. 17, 1990

251. G.L. 40 Section 42J - Deferral of Water Charges

RE: G.L. Ch. 59, Sec. 5, Cl. 41A

(Art. 26 - 1991 Annual Town Meeting) . May 1, 1991

252. 1990 254 Sec. 90G 3/4 and 90J - RE: Public Service

Beyond Age Seventy

(Article 29 - 1991 Annual Town Meeting) May 1, 1991

253. 1990 291 RE: Enhancement of 911 Emergency Service

(Article 74 - 1991 Annual Town Meeting) April 29, 1991

254. G.L. 148 Section 26I - RE: New Construction or

Rehabilitation of Residential Buildings

with Four or More Units Requiring Fire

Suppressant Sprinklers (Article 44 - 1992

Annual Town Meeting) May 13, 1992

255. 1991 390 RE: Establishment of Commission on Disability

(Article 28 - 1993 Annual Town Meeting) May 3, 1993

256. G.L. 44 Section 53E 1/2 RE: Establishment of Revolving

Fund for Conservation Commission (Article 56

1993 Annual Town Meeting) May 24, 1993

257. 1992 399 RE: Establishment of Early Retirement

Incentive Program for Certain Town and

School Employees (Article 40 - 1993

Annual Town Meeting) June 9, 1993

258. 1992 438 RE: Change in Town Manager Act Regarding Holding

of Multiple Town Offices (Article 16 - 1992

Annual Town Meeting) April 29, 1992

259. 1992 425 RE: Change in Town Manager Act Regarding the

Submission of Departmental Budgets and

Preparation of Final Budget (Article 30 -

1992 Annual Town Meeting) May 11, 1992

260. 1993 276 RE: Ballot Question to Authorize Sale of Beer

and Wine in Restaurants (Article 18 - 1993

Annual Town Meeting) April 28, 19993

261. 1993 367 RE: Change in Town Manager Act Reducing the Size

Of the School Committee (Article 32 - 1993

Annual Town Meeting) May 17, 1993

262. 1993 256 RE: Amendment to the Act Establishing the Town

of Arlington Scholarship Fund (Article 33 -

1993 Annual Town Meeting) May 19,1993

263. 1993 71 Section 83 of an Act Establishing the Education

Reform Act of 1993 relating to the Early

Retirement for Teachers (Article 92 - 1993

Annual Town Meeting) June 21, 1993