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.
BATTLE GREEN REENACTMENT ORGANIZATION
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.
COMPROMISED TURF
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.
DISORDERLY CONDUCT
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.
POWERLESS FLIGHT
Any device used to carry persons or objects through the air;
for example, sailplanes, gliders, balloons, body kites, hang gliders.
PUBLIC USE LIMIT
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]
RESPONSIBLE PARTY
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.
SPECIAL EVENT
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.
WEAPON
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.
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.
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.
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.
Penalties for violations of these regulations shall be in accordance with Chapter
1, Article
II, §§
1-4 and
1-6 of the Code of the Town of Lexington.
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.