Town of Lexington, MA
Middlesex County
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Table of Contents
Table of Contents
[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.
A. 
The repeal of a bylaw shall not revive any law in force when the bylaw repealed took effect.
B. 
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pending at the time of the repeal for any offense committed or for the recovery of a penalty incurred under the bylaw repealed.
C. 
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.
D. 
Whenever a penalty is provided for the violation of a bylaw, it shall be for each such violation.
E. 
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.
A. 
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.
B. 
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.
C. 
The words "public building" shall include all buildings belonging to or under the control of the Town or any of its departments.
D. 
The word "person" shall include corporations, societies, associations, partnerships and individual business proprietorships.
E. 
The word "horse" shall include any beast of burden.
F. 
The word "driver" shall mean the person having the charge or control of a vehicle or horse upon a street.
G. 
The word "voter" shall mean a duly registered voter of this Town .
H. 
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.
I. 
The word "member," except where the context otherwise requires, shall mean a Town meeting member as defined by Chapter 215 of the Acts of 1929, as amended.[1]
[1]
Editor's Note: Chapter 215 of the Acts of 1929 is included in Ch. A201, Special Acts.
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]
A. 
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.
B. 
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:
Chapter 9, Animals.
[Amended 3-28-1994 ATM by Art. 29]
§ 9-1, fine schedule: $50 per violation.
§§ 9-2, 9-3, 9-4, 9-5 and 9-6, fine schedule: $50 per violation.
Chapter 43, Earth Fill and Removal.
Fine schedule:
1st offense: $50.
2nd offense: $100.
3rd and subsequent offenses: $200 per violation.
Chapter 46. Engine Operation of Stopped Vehicles.
[Added 4-4-2007 ATM by Art. 16]
Fine schedule for offenses within a three-year period:
1st offense: written warning.
2nd offense: $50 per violation.
3rd offense: $100 per violation.
4th offense and subsequent offenses: $200.
Chapter 80, Noise Control.
[Added 4-11-2001 ATM by Art. 33]
Fine schedule:
1st offense: $50 per violation.
2nd offense: $100 per violation.
3rd and subsequent offenses: $200 per violation.
Chapter 81, Plastic Reduction
[Added 3-26-2018 ATM by Art. 33]
Fine schedule:
1st offense: warning.
2nd offense: $25 per day.
3rd and each subsequent offense: $50 per day.
Enforcement agency: Town Manager or Town Manager's designee.
Chapter 93, Parking.
[Added 3-27-2006 ATM by Art. 14]
Fine schedule: $100 per violation.
Chapter 97, Public Conduct.
[Amended 3-25-2015 ATM by Art. 39]
§§ 97-1, 97-2, 97-3A and 97-4A, B and C, fine schedule: $50 per violation.
Chapter 100, Public Ways and Places.
§ 100-2, Use of streets, sidewalks and public places.
Subsections A, B, C, D and G, fine schedule: $25 per violation.
Subsection E, digging of streets, etc., fine schedule: $50 per violation.
§ 100-3, Removal and discharge of snow, water and ice.
Subsections A, B, C and D, fine schedule: $25 per violation.
Subsection E, unlawful discharge into sanitary sewer, fine schedule: $50 per violation.
§ 100-5, Signs, advertisements and notices.
Subsections A, B and C, fine schedule: $25 per violation.
§ 100-6, Defacing or moving signs or signals, fine schedule: $25 per violation.
§ 100-7, Names of streets, fine schedule: $25 per violation.
§ 100-8, Dumping and littering.
Subsections A and B, fine schedule: $50 per violation.
Subsection C (brooks and other waterways), fine schedule: $100 per violation.
§ 100-9, Drinking fountains, fine schedule: $50 per violation.
§ 100-10, Protection of the Battle Green rules and regulations, fine schedule: $50 per violation.
§ 100-11, Injury to public plantings, fine schedule: $50 per violation.
Chapter 120, Trees.
[Added 4-11-2001 ATM by Art. 34]
Fine schedule:
1st offense: $50 per violation.
2nd offense: $100 per violation.
3rd and subsequent offenses: $200 per violation.
Chapter 130, Wetland Protection.
[Amended 4-2-2003 ATM by Art. 24]
Maximum fine schedule:
1st offense: $100 per violation.
2nd and 3rd offenses: $200 per violation.
4th and subsequent offenses: $300 per violation.
Chapter 135, Zoning.
Fine schedule:
1st offense: warning.
2nd offense: $50.
3rd and subsequent offenses: $100 per violation.
Chapter 142, Cemeteries.
Fine schedule: $25 per violation.
Chapter 145, Conservation Commission.
[Amended 4-2-2003 ATM by Art. 24; 11-19-2012ATM by Art. 9]
Fine schedule: $100 per violation.
Chapter 155, Health, Board of.
[Amended 4-9-1997 ATM by Art. 45; 4-8-1998 ATM by Art. 56; 3-24-1999 ATM by Art. 20; 4-3-2000 ATM by Art. 19; 4-9-2001 ATM by Art. 29; 4-9-2001 ATM by Art. 30]
Article I
Persons With Bare Feet Editor's Note: Article II of Ch. 155 is not listed here as it is currently reserved
Article III
Smoking and Tobacco Products
Article IV
Massage and Establishments for Massage, Vapor, Pool or Other Baths
Article V
Use of Recombinant DNA Molecule Technology
Article VI
Animals Editor's Note: Article VII, Establishment of Special Accounts, of Ch. 155 is not listed here as it is administrative in nature and does not have any corresponding fines in this bylaw
Article VIII
Floor Drains
Article IX
Groundwater and Water Supply Protection
Article X
Private Wells
Article XI
Dumpsters
Article XII
On-Site Sewage Disposal Systems
Article XIII
Food Regulations
Article XIV
Nuisances
Article XV
Asbestos Removal, Containment and Encapsulation
Article XVI
Body Art
[Added 4-8-2002 ATM by Art. 24]
Fine Schedule
Article I
1st offense: $25 per violation
2nd and subsequent offenses: $50 per violation
Fine Schedule
Article III
Prohibition on smoking at Town recreation areas; prohibition on smoking in the workplace
Fine schedule for smoking restrictions: $20 per violation for a person who smokes in a public place. For any proprietor(s) or other person(s) in charge of a public place or workplace who fail(s) to comply: $200 for each day a violation continues.
Prohibition on tobacco sales to minors
Fine schedule for sales to minors:
$100 for the first offense;
$200 for the second offense; and
$300 for any subsequent offense
Required posting of state law
Fine schedule for failure to post:
$50 per violation; $10 fine for anyone unlawfully removing signage
Prohibition of self-service displays of tobacco products; requirements for sales personnel; prohibition of free distribution/sampling of tobacco products; prohibition of reduced pricing of tobacco products; prohibition of vending machines containing tobacco products; restrictions on packaging of tobacco products
Fine schedule for self-service displays, sales personnel, free distribution/sampling, reduced pricing, vending machines and packaging:
$100 for each day the violation continues
Requirement for tobacco sales permits
Fine schedule for permits:
$100 for selling tobacco products at retail without a valid tobacco sales permit. If violation is not corrected within seven days of notification, the fine shall be $100 for each day the violation continues.
Fine Schedule
Articles IV and XII
1st offense: $100
2nd and subsequent offenses: $200 per violation
Fine Schedule
Article V
1st offense: $100
2nd and subsequent offenses: $200 per violation
Fine Schedule
Article VI
1st offense: $30
2nd offense: $50
Fine Schedule
Article VIII
1st offense: $100
2nd offense: $200
Fine Schedule
Article IX
1st offense: $100
2nd offense: $200
Fine Schedule
Article X
1st offense: $100
2nd offense: $200
Fine Schedule
Article XI
1st offense: $100
2nd offense: $200
Fine Schedule
Articles XIII and XIV
1st offense: $30
2nd offense: $75
Fine Schedule
Article XV
1st offense: $100
2nd offense: $200
3rd and subsequent offense: $300
Fine Schedule
[Added 4-8-2002 ATM by Art. 24]
Article XVI
1st offense: $100
2nd and subsequent offenses for each day the violation continues: $200
Fine Schedule
Salad tables
Temporary food service establishments
Permits and permit fees
1st offense: $25 per violation
2nd and subsequent offenses: $50 per violation
Chapter 156, Historic Districts Commission.
[Added 4-8-2002 ATM by Art. 25]
Violations of Chapter 447 of the Acts of 1956, as amended, and determinations, rulings and regulations issued thereunder
Fine schedule:
1st offense: warning
2nd offense: $50
3rd and subsequent offenses: $100
Chapter 181, Department of Public Works.
[Added 3-27-2006 ATM by Art. 10]
§ 181-15, Excavation permit, fine schedule: $100 per violation.
Chapter 187, Selectmen, Board of.
Park and Recreational Facilities Regulations
Fine schedule: $50 per violation.
Rules and Regulations for Hawkers and Peddlers Fine schedule: $50 per violation.
Rules and Regulations Governing Hackney Carriages, Taxicabs and Other Public Vehicles for the Carrying of Passengers for Hire
Fine schedule: $20 per violation.
Rules and Regulations relating to Automatic Voice Dialers (§ 187-87), Alarm Registration (§ 187-88), Duties of Alarm User-Proper Use (§ 187-89) and Alarm Service Fee (§ 187-92)
[Added 3-31-2008 ATM by Art. 34]
Fine Schedule:
1st offense: $50 per violation
2nd offense: $100 per violation
3rd and subsequent offenses: $200 per violation