Town of Lexington, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Lexington 4-3-1967 by Art. 83 as Art. XXIV of the 1967 Bylaws. Amendments noted where applicable.]
A. 
A police officer may divert either vehicles or pedestrians when necessary to avoid congestion or when necessary for public safety or convenience, and no person having charge of a vehicle shall refuse or neglect to drive, stop, place or park the same as directed by a police officer.
B. 
No person shall drive any vehicle upon or over any hose pipe while the same is laid by public authority for use in any street or public place in a Town unless otherwise directed by some person in charge.
C. 
No person without proper permit shall drive or conduct any vehicle in such a condition, or so constructed, or so loaded as to be likely to cause delay in traffic or accident or injury to persons or to property.
A. 
No person shall, in any street or public place, wash or clean any animal or vehicle, or shake or clean any mat or carpet.
B. 
No owner, tenant or other person having control of any building or premises shall permit a gate, door, blind or shutter thereof to swing open across any part of a street or sidewalk so as to obstruct or interfere with the use thereof.
C. 
No person shall without a proper permit obstruct the free, open and convenient use, by the public for travel, of any sidewalk, street or public parking lot by occupying the same with goods, wares, merchandise or other chattels, or by using the same as a place of resort, amusement, recreation or business.
D. 
Except as hereinafter provided, no person shall use or operate on any sidewalk or independent bicycle path any motorized vehicle, except a wheelchair, maintenance vehicle, or a police or fire emergency or patrol vehicle.
[Amended 4-10-1972 ATM by Art. 90; 4-4-1979 ATM by Art. 54; 5-3-1993 ATM by Art. 33]
(1) 
Non-motorized bicycles may be ridden on independent bicycle paths, designated by the Selectmen and marked as bike paths or bike routes. When necessary in the interest of public safety, non-motorized bicycles may be ridden on sidewalks, except within business districts and within such other areas as may be designated by the Selectmen.
(2) 
In all other respects, bicycles shall be operated according to Chapter 85, Section 11B of the General Laws of Massachusetts.[1]
[1]
Editor's Note: Original Sec. 8, which immediately followed this subsection and dealt with obstruction of sidewalks, was deleted 5-3-1982 ATM by Art. 48.
E. 
No person, except Town employees duly authorized to do so, shall excavate, dig up or otherwise open or occupy any portion of a street or public place, except in accordance with a permit therefor from the Board of Selectmen. The Town Manager shall designate a board or officer of the Town to issue permits to excavate trenches, other than those permitted under the first sentence herein, pursuant to and as regulated by Chapter 82A of the Massachusetts General Laws, as amended, and under 520 CMR 14.00.
[Amended 3-19-2008 ATM by Art. 31]
F. 
No person shall, in connection with the erection, alteration or repair of any building, place any materials or rubbish on any street or public place without first obtaining a written permit from the Board of Selectmen; such permit shall not run more than 60 days and shall be on such conditions as the Selectmen may require, including furnishing such security, by bond or otherwise, for the observance and performance of the conditions and for the protection of the Town, as the Selectmen may require, and especially in every case upon condition that during the whole of every night, from sunset in the evening until sunrise in the morning, lights shall be so placed as effectually to secure all travelers from liability to injury. Such permit may be renewed at the discretion of the Selectmen.
G. 
No person shall coast, ski or skate on any street or public place except on such as are designated by the Selectmen or on public playgrounds.
A. 
No owner or agent having charge of any building or lot of land abutting on a sidewalk within all commercial and industrial districts as defined in § 135-2 of the Zoning By-Law of the Town of Lexington shall place or permit or suffer to remain for more than four hours between sunrise and sunset any snow or ice upon such sidewalks which impedes the orderly flow or safety of pedestrian traffic upon such sidewalks, unless such ice is made even and covered with sand or some like material to prevent slipping.
[Amended 5-3-1982 ATM by Art. 48]
B. 
No person shall lay, throw, or place or cause to be placed any ice or snow on that portion of any street or sidewalk within the Town which has been cleared or plowed for travel.
C. 
No owner of a building abutting upon or adjacent to the line of any street, or his agent having care thereof, shall cause, pump, permit or suffer water from the roof of such building or from the building itself to discharge upon or flow across the sidewalk or public way adjacent to such building in such a way as to affect the public safety.
[Amended 5-3-1982 ATM by Art. 48]
D. 
Every owner of a building abutting upon or any part of which stands within 15 feet of the line of any public street, the roof of which building pitches or slopes towards the street, shall fit or provide such roof with snow barriers or guards sufficient to effectually prevent the sliding of snow and ice from such building into any part of the street.
E. 
No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
[Added 4-12-1978 ATM by Art. 57]
[Amended 5-3-1982 ATM by Art. 48]
Any vehicle on any way in the Town interfering with the work of removing or plowing snow or removing ice from the way may be removed by or under the direction of the Director of Public Works to a public garage or any convenient place. The Director of Public Works shall, within a reasonable time, notify the Chief of Police of the removal of any such vehicle and of the place to which it has been removed, and the Chief of Police shall give like notice to the registered owner of the vehicle. The owner before being permitted to remove the vehicle shall establish his right so to do and pay to the Town or to the keeper of the place of storage the cost of removal, and any storage charges resulting therefrom.
A. 
No person shall post or affix in any manner, paint, print or write, or cause to be painted, printed or written any notice, advertisement, bill, picture, drawing or writing upon any tree, post, pole, fence, wall or building unless he has previously obtained the consent of the person having possession of such tree, post, pole, fence, wall or building. Such signs must conform to the sign regulations set forth in the Zoning By-Law of the Town.
[Amended 5-3-1982 ATM by Art. 48]
B. 
No person, unless required by law so to do, shall, without a permit from the Selectmen, post or affix in any manner, paint, print, write or cause to be painted, printed or written any notice, advertisement, bill, picture, drawing, or writing upon any curbstone, sidewalk, tree, pole, post or hydrant in any street or public place, or upon any walk or fence or upon or in any public building. Such signs must conform to the sign regulations set forth in the Zoning By-Law of the Town.
[Amended 5-3-1982 ATM by Art. 48]
C. 
No person shall, in any street or public place, carry and display, for advertising purposes, any show card, placard, or sign, except in accordance with a permit so to do from the Selectmen.
No person shall break, deface or move any official sign post, signaling or traffic device, warning barrier, lantern or other light placed or located in any street or public place for the information or direction of traffic or the protection of the public.
[Amended 5-3-1982 ATM by Art. 48]
Streets shall be called and known by the names given them respectively until such names shall be changed by vote of the Town Meeting.
A. 
No person, without lawful authority so to do, shall throw, sweep, place, or drop and suffer to remain on any street or public place any papers, ashes, earth, garbage, rubbish, litter, manure, refuse or any noxious liquid or solid substance, or any glass, nails, tacks, scrap iron or similar articles.
B. 
No person, unless having the authority so to do, shall dump or deposit any ashes, rubbish, refuse, offal or decayed animal or vegetable matter on any public or private land contrary to the rules and regulations of the Selectmen.
C. 
No person shall throw, dump or cause to be deposited in any brook, stream, watercourse or drainage facility within the Town any trash, rubbish, debris, refuse or other material such as grass clippings, brush, tree limbs or similar items which will obstruct or impede the free flow of water. The penalty for violation of this bylaw shall be $100 for each offense.
[Added 4-4-1979 ATM by Art. 55]
No person shall pollute any drinking fountain, trough or basin set up or established in any street or public place or public building in this town, for the use of man or beast, or unnecessarily waste or use the water thereof.
[Amended 5-3-1982 ATM by Art. 48]
A. 
No person shall behave or conduct himself on the Battle Green otherwise than in a quiet and orderly manner in keeping with a respectful regard and reverence for the memory of the patriotic service and sacrifice there so nobly rendered.
B. 
No person shall engage or take part in any game, sport, picnic or performance on the Battle Green unless:
(1) 
Written permission has been given by the Selectmen; or
(2) 
Such activity would not interfere with the safe, convenient and appropriate use thereof, nor disturb the safety of persons or property.
C. 
No person shall climb upon, deface, mutilate, or otherwise injure any tree, shrubbery, monument, boulder, fence, seat, or structure on the Battle Green.
D. 
The Selectmen shall promulgate regulations that define both the standards and procedures by which they will grant or deny permits under Subsection B(1), and the activities allowable without permit under Subsection B(2).
No person without authority so to do shall climb any tree or injure any trees, flowers or plantings or shrubbery in any street or public place, and no person shall permit or suffer any animal under his care to injure any such trees, flowers, plantings or shrubbery.
[Added 4-8-1974 ATM by Art. 37; amended 5-3-1982 ATM by Art. 48]
A. 
A camping vehicle occupied as an accessory use in a residence district as defined by the Zoning By-Law:
(1) 
Shall not be operated to deposit waste or water onto the grounds;
(2) 
Shall conform to the appropriate yard requirements of the Zoning By-Law except where the unit is located on a driveway; and
(3) 
Shall not be occupied for more than five consecutive nights unless specifically approved by the Board of Appeals.
B. 
No charge or fee may be imposed for the parking of such a camping vehicle.
[Added 3-21-2011 ATM by Art. 27]
A. 
Purpose. In accordance with Massachusetts General Laws Chapter 40, § 6N, the Board of Selectmen may authorize temporary repairs of private ways in the Town as provided in this section. The making of any such temporary repairs to private ways, no matter how often or to what extent, does not constitute an acceptance by the Town of such ways as public ways, nor does it constitute a way being "maintained and used as a public way" under the Massachusetts Subdivision Control Law.
B. 
Type and extent of repairs. Repairs shall be limited to grading, patching, and the layering of gravel to establish a uniform grade, make drainage repairs, accommodate the Town's emergency vehicles or otherwise protect or repair the Town's infrastructure.
C. 
Public necessity. There shall be a finding of public necessity for said repairs by the Board of Selectmen in consultation with the Director of Public Works.
D. 
Petition process. The Selectmen may make a determination of the need for said repairs and may authorize the making of said repairs with or without a petition of the abutters to said private way. However, the Selectmen will not entertain a petition from the abutters unless: (a) it is signed by 51% of the abutters along the private way to be repaired, or (b) if a majority of abutters to the private way are members of an association of landowners specific to said way and a majority vote of that association's membership or board of directors submits the petition.
E. 
Scope of work. The scope of the repair work shall be determined by the Director of Public Works, subject to approval by the Board of Selectmen.
F. 
Betterments. Betterment charges may be assessed by the Selectmen on the abutter(s) of such way up to an amount equal to the cost of such repairs. If betterments are to be assessed, they shall be assessed upon each parcel of land benefiting from such repair by any method as may be approved by the Selectmen. Betterments shall be apportioned over such a period as the Selectmen deem appropriate, after considering such matters as the estimated useful life of the proposed repairs and the source of funds to be used for the same.
G. 
Funding. Repairs funded under this section through betterments shall be appropriated at any Special or Annual Town Meeting. The Selectmen are authorized to seek contributions for a portion of the cost of said repairs from abutters and the Selectmen may, in their discretion, require a cash deposit from the abutters.
H. 
Town's liability. The Town shall have no liability as a result of any such repairs under MGL c. 40, § 6N(f). The Selectmen may also request arrangements to be made to further reduce or eliminate potential liability risks to the Town arising from the repairs. Such arrangements may include, but are not necessarily limited to, the provision of insurance by repair contractors and/or by abutters or associations of abutters insuring the Town's interests or the provision of suitable indemnity agreement by abutters or by associations of abutters. Moreover, this section or any repairs thereunder, do not impose any duty or obligation on the Town to maintain or repair private ways.
I. 
Public use. There shall be a finding by the Selectmen that the private way to be repaired under this section shall have been opened to public use for five years or more prior to the expenditure of funds under this section and shall thereafter remain open to the public for no less than the useful life of said repairs. The making of any such repairs to private ways, no matter how often or to what extent, does not constitute an acceptance by the Town of such ways as public ways, nor does it constitute a way being "maintained and used as a public way" under the Massachusetts Subdivision Control Law.
J. 
The Board of Selectmen, or its designees, may promulgate, after public notice and hearing, rules and regulations to effectuate the purposes and intent of this bylaw. However, failure by the Board of Selectmen to promulgate such rules and regulations shall not act to suspend or invalidate the effect of this bylaw.