[Adopted 4-3-1967 ATM by Art. 83 as Art. I of the 1967 Bylaws]
[Amended 5-3-1982 ATM by Art. 48]
The following provisions shall constitute the General By-Laws of the Town of Lexington, which shall be in lieu of all General By-Laws heretofore in force except bylaws or other regulations relating to zoning.
The following rules of construction shall be observed unless their observance would involve a construction inconsistent with the manifest intent of the voters, or repugnant to the context of the bylaw.
The repeal of a bylaw shall not revive any law in force when the bylaw repealed took effect.
The repeal of a bylaw shall not affect any punishment, penalty incurred before the repeal takes effect, or any suit, prosecution or proceeding pending at the time of the repeal for any offense committed or for the recovery of a penalty incurred under the bylaw repealed.
Whenever publication under any bylaw of the Town is required in a newspaper published in the Town, it shall be sufficient when there is no newspaper published therein, if the publication is made in a newspaper, which by its title page, purports to be printed or published in the Town, or which has the general or substantial circulation therein as a local paper.
Whenever a penalty is provided for the violation of a bylaw, it shall be for each such violation.
Words and phrases specifying or naming any board, officer, department, committee, commission, authority or trustee of the Town shall be construed as including the lawful successor, or the persons having the powers and performing the duties of such board, officer, department, committee, commission, authority or trustee.
In construing these By-Laws the following words shall have the meaning herein given unless a contrary intention clearly appears.
The word "street" shall include highways, Town ways, public ways and all public streets, roads, bridges, alleys, courts, and sidewalks, and also those portions of public squares, parking lots and places which form traveled parts of public ways.
The words "public place" shall include all commons, parks, playgrounds and public lands belonging to or in the charge of the Town, or any of its departments, and those portions of public squares, parking lots and places which do not form traveled parts of public ways.
The words "public building" shall include all buildings belonging to or under the control of the Town or any of its departments.
The word "person" shall include corporations, societies, associations, partnerships and individual business proprietorships.
The word "horse" shall include any beast of burden.
The word "driver" shall mean the person having the charge or control of a vehicle or horse upon a street.
The word "voter" shall mean a duly registered voter of this Town .
The words "town officer" or "officer" shall include any Town officers, either elected or appointed, serving as a member of any permanently established board, department, committee, commission, authority, or trusteeship or otherwise, but shall not include Town meeting members.
Whoever violates any bylaw of the Town shall pay for each offense a fine not exceeding $50 unless some other penalty is expressly provided by law, or by some bylaw of the Town .
All fines and penalties for the violation of any bylaws shall be paid into the Town treasury.
[Added 5-4-1988 ATM by Art. 52]
Any bylaw of the Town of Lexington or any rule or regulation of any Town officer, board or department, the violation of which is subject to a specific penalty, may, in the discretion of the Town official who is the appropriate enforcing person, be enforced in the method provided in Section 21D of Chapter 40 of the General Laws. Enforcing person as used in this bylaw shall mean any regular police officer with respect to any offense; the Building Commissioner, Health Director, Conservation Administrator, and any such other official as the Board of Selectmen may from time to time designate, each with respect to violation of bylaws and rules and regulations within their respective jurisdictions. If more than one official has jurisdiction in a given case, any such official may be an enforcing person with respect thereto.
Without intending to limit the generality of the foregoing, it is the intention of this bylaw that the following bylaws, rules and regulations are to be included within the scope of this bylaw, and that the specific penalties as listed here shall apply in such cases: