[Adopted 6-15-1986; as amended through 3-10-2014]
The following rules and regulations have been adopted in accordance with the Code of the Town of Lexington, § 100-10, as amended. Any otherwise legal activities not explicitly prohibited by these regulations, including the gathering of groups on the Battle Green for the sole purpose of exploring its history and which do not remain for more than four hours, are allowed. If these regulations, or portions thereof, conflict with the Code, the Code shall take precedence.
AUDIO DEVICE — Any electronic or amplified radio,
television set, computer, telephone, electronic music player, musical
instrument, or other device that produces sound.
A chartered group, dedicated to the reenactment of the events
that occurred on the Battle Green on April 19, 1775, using historically
accurate period-appropriate weapons and costumes.
Any condition that would make the Battle Green vulnerable
to excessive damage by heavy wear or use; for example, heavy rains,
reseeding, and drought conditions.
Any action intended to cause inconvenience, annoyance or
alarm, or which recklessly creates a risk thereof; which includes,
but is not necessarily limited to, fighting, threatening or violent
behavior; unreasonable noise; abusive language directed toward any
person present; wrestling in the vicinity of others; throwing of breakable
objects; malicious throwing of dangerous objects or stones; open fires,
burning objects or spitting.
Any device used to carry persons or objects through the air;
for example, sailplanes, gliders, balloons, body kites, hang gliders.
The maximum number of people or the amount, size, or type
of equipment permitted on the Battle Green at one time, as established
by the Select Board.
[Amended 3-27-2019 ATM by Art. 34]
A person filing an application for a permit for an activity
on the Battle Green, who shall be responsible for compliance with
these rules and regulations.
Demonstrating, picketing, speech making, marching, holding
of vigils, and all other similar forms of conduct which involve the
active communication or expression of opinions or grievances, engaged
in by one or more persons, the conduct of which has the effect, intent,
or propensity to draw a crowd of onlookers.
An instrument or device that can inflict serious bodily injury
and includes but is not limited to: firearms, rifles, shotguns and
antiques as defined by MGL c. 140, § 121; air rifles and
BB guns as regulated by MGL c. 269, § 12B; paintball guns;
edged weapons; explosive material or devices; muskets and weapons
that discharge an arrow or bolt.
A.
The purpose for requiring permits for certain activities is to promote
the use of the Battle Green in a manner consistent with its nature
and history; to protect the Battle Green from harm; to ensure adequate
notice of the event so that arrangements can be made to protect the
public health and safety and to minimize interference with the event
by the public.
B.
Permits are required for any of the following activities, singly
or in combination:
(1)
Any group activity reasonably likely to exceed the public use
limit established by the Select Board.
[Amended 3-27-2019 ATM by Art. 34]
(2)
Special events, public meetings, assemblies, gatherings, demonstrations,
parades and other similar activities, not to exceed four hours in
duration.
(3)
Pageants, reenactments, entertainments or other public spectator
attractions.
(4)
Structures and/or signs of a ceremonial nature in connection
with special events and limited in duration to the period required
for such events.
(5)
Use of public address systems, electrical lighting, or other
electrical or amplified devices.
(6)
Distribution of noncommercial printed matter.
(7)
Possession and/or use of unconcealed weapons, in compliance
with all federal, state and local laws, at events conforming to the
following:
(a)
Events and ceremonies conducted by United States Armed Forces
and/or law enforcement agencies;
(b)
Reenactments of the events on the Battle Green on April 19,
1775, honor guard ceremonies or related activities conducted by a
Battle Green Reenactment Organization; and
(c)
The applicant shall provide evidence of training and competency
in the display and use of such weapons to the satisfaction of the
Select Board.
[Amended 3-27-2019 ATM by Art. 34]
(8)
Use or possession of fireworks or firecrackers.
(9)
Planting of any trees/plants.
(10)
Parked or moving vehicles on any grassy areas, except those
necessary for Town maintenance activities.
(11)
Use of powered models.
The following activities are strictly prohibited:
A.
Destruction, injury, defacement, removal, or disturbance of any building,
sign, equipment, monument, statue, marker, animal or plant.
B.
Distribution or display of commercial advertising; or soliciting
of business; or any other commercial transactions.
C.
Remaining on the Battle Green for more than four hours.
D.
Abandonment of any vehicle or personal property.
E.
Unreasonably loud operation of audio devices.
F.
Delivery of any person or thing by parachute or helicopter.
G.
Powerless flight activities.
H.
Begging.
I.
Disorderly conduct.
J.
Use or display of unconcealed weapons, except as provided in § 187-100B(2).
K.
Use of metal-detecting devices.
L.
Gambling of any form or operation of gambling devices.
M.
Picnicking in groups exceeding seven people.
N.
Consumption of alcoholic beverages or use of unlawful substances.
O.
Use of rollerblades, scooters and skateboards.
P.
Placement on the Battle Green of any unattended structure or commemorative
planting of any trees/plants by a private party.
Q.
Signs posted on poles such as telephone or light poles.
R.
Climbing on the Minuteman Statue, Hayes Fountain, its base, or any
public monument or structure.
S.
Bicycle riding.
A.
Application for a permit to conduct activities on the Battle Green, specified in § 187-100, above, shall be filed no later than two weeks prior to the requested date. Late and/or incomplete applications will be considered at the discretion of the Select Board.
[Amended 3-27-2019 ATM by Art. 34]
B.
Permit applications shall include the following information:
(1)
Name and phone number of the responsible party to serve as contact.
(2)
Date and time of event.
(3)
Nature of event.
(4)
Expected number of participants, spectators, and vehicles.
(5)
Duration of event.
(6)
Statement of equipment and facilities to be used.
(7)
Section of the Battle Green desired.
C.
The responsible party is to keep the permit, a copy of which must
be available for inspection upon request. The responsible party may
be required by the Select Board, as a condition of issuing the permit,
to pay for detail police officers if the Board determines that such
officers are necessary for public safety.
[Amended 3-27-2019 ATM by Art. 34]
D.
Permits are issued upon the express condition that the Battle Green
is to be left in a clean and orderly condition.
E.
The responsible party will be charged by the Select Board, as a condition
of issuing the permit, for any damages directly resulting from the
permitted activity.
[Amended 3-27-2019 ATM by Art. 34]
F.
Permits are nontransferable and are only valid for the date and time
specified. For cause, the Police Chief or the Chief's designee may
extend a permit for up to two hours.
G.
The Select Board may set reasonable permit conditions and restrictions,
including but not limited to duration and area occupied, as are necessary
for protection of the Green and public use thereof.
[Amended 3-27-2019 ATM by Art. 34]
A.
At the discretion of the Select Board, a permit may be revoked or
further conditioned upon a finding of compromised turf of the Battle
Green.
[Amended 3-27-2019 ATM by Art. 34]
B.
The Select Board may suspend or revoke a permit to use the Battle
Green based on reasonable expectations that there may be an imminent
threat to public safety because of a weather or man-made event.
[Amended 3-27-2019 ATM by Art. 34]
C.
A permit shall be revoked if a sanctioned event includes impermissible
activities and may be revoked if the permit group engages in activities
that are not within the specifications of the permit.
Grounds for denial of permit are:
A.
The application creates a scheduling conflict with a previously filed
application by another person or group.
B.
The event presents a clear and present danger to public health or
safety.
C.
The event is of such nature or duration that it cannot reasonably
be accommodated in the area applied for; or the expected number of
participants exceeds the public use limit.
D.
The event will, in the opinion of the Select Board, cause unacceptable
interference with use and enjoyment of the Battle Green by the general
public.
[Amended 3-27-2019 ATM by Art. 34]
E.
The event is requested for a date that conflicts with official Town
events by Battle Green Reenactment organizations.
F.
The event is more appropriately held at other available Town facilities,
such as recreational facilities.
Other than official Town-sponsored activities and permitted activities by Battle Green Reenactment Organizations, no activity or event otherwise requiring a permit shall be scheduled to take place at, nor shall any other permit be issued for use of, the Battle Green from April 12 through April 26 of each year. During such time, the Battle Green is reserved for Town activities and events, permitted activities conducted by Battle Green Reenactment Organizations and for activities for which no permit is required under § 187-100.
If any section, paragraph or part of these regulations be for
any reason declared invalid or unconstitutional by any court, every
other section, paragraph and part shall continue in full force and
effect.
