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BY-LAWS

REGULATION OF SEWER USE

WATER RULES AND REGULATIONS TRAFFIC RULES AND ORDERS

CEMETERY RULES AND REGULATIONS
of the

TOWN OF LENOX MASSACHUSETTS
“2011 EDITION”



APPROVED BY ATTORNEY GENERAL

Contents

By-Laws.............................................................................................................................5

Chapter I General Provisions .......................................................................................5

Chapter II Town Meetings ............................................................................................5

Chapter III Town Officers.............................................................................................7

Chapter IV Finance Committee....................................................................................8

Chapter V Planning Board ...........................................................................................9

Chapter VI Zoning .....................................................................................................11

Chapter VII Regulation of Sewer Use .........................................................................11

Chapter VIII Sidewalks and Roadways .......................................................................11

Chapter IX Financial Affairs .......................................................................................12

Chapter X Contracts ..................................................................................................13

Chapter XI Legal Affairs .............................................................................................13

Chapter XII Records and Reports ...............................................................................14

Chapter XIII Miscellaneous Provisions .......................................................................14

Chapter XIV Enforcement ..........................................................................................17

Chapter XV Building Code ........................................................................................17

Chapter XVI Junk and Dilapidated Motor Vehicles.....................................................18

Chapter XVII Dogs ....................................................................................................19

Chapter XVIII License or Permit Renewals .................................................................23

Chapter XIX Capital Improvement Program ...............................................................24

Chapter XX Municipal Water Use Restrictions ...........................................................26

Chapter XXI Public Safety Regulations Alarm Systems ...............................................28

Chapter XXII In-Ground Irrigation Systems ................................................................34

Chapter XXIII Community Preservation Committee....................................................35

Chapter XXIV Affordable Housing Trust .....................................................................37

Chapter XXV Stretch Energy Code ............................................................................42

Chapter XXVI Regulations For Outdoor Dining Licenses...........................................43

Regulation of Sewer Use..................................................................................................45

Article I Definitions .............................................................................................45

Article II Sewer Service .............................................................................................47

Article III Use of Public Sewers Required ..................................................................48
Article IV Private Sewage Disposal ............................................................................48

Article V Building Sewers and Connections ...............................................................50

Article VI Use of the Public Sewers............................................................................52

Article VII Protection From Damage ..........................................................................57

Article VIII Powers and Authority of Inspectors ..........................................................57

Article IX Penalties ....................................................................................................58

Article X Validity .......................................................................................................58

Article XI Rates / Capacity fees ..................................................................................59

Water Rules and Regulations ...........................................................................................60

Traffic Rules and Regulations ...........................................................................................64

Article I .....................................................................................................................64

Article II Authority and Duties of Police.....................................................................68

Article III Traffic Signs, Signals, Markings and Zones..................................................69

Article IV Zone of Quiet ............................................................................................70

Article V Stopping, Standing, Parking.........................................................................70

Article VI One-Way Streets ........................................................................................73

Article VII Operation of Vehicles................................................................................73

Article VIII Accident Reports......................................................................................78

Article IX Penalties and Repeals ................................................................................78

Article X ....................................................................................................................79

Schedule I Parking .....................................................................................................80

Schedule II Taxi-Stands .............................................................................................80

Schedule III One-Way Streets ....................................................................................80

Schedule IV Stop Signs ..............................................................................................81

Schedule V U-Turns...................................................................................................82

Schedule VI Commercial Vehicle Traffic.....................................................................82

Cemetery Rules and Regulations......................................................................................83


BY-LAWS OF THE

TOWN OF LENOX

LENOX, MASSACHUSETTS



(REVISED MAY 3, 2012)
BY-LAWS of the
TOWN OF LENOX, MASSACHUSETTS BY-LAWS
CHAPTER I

GENERAL PROVISIONS
Section 1. The following provisions shall constitute the General By-Laws of the Town of LENOX, and shall be in lieu of all By-Laws heretofore, in force, pro- vided, however, that the repeal of any By-Law may not be affected except by an affirmative vote thereon in a separate Article in any Town Meeting.
Section 2. These By-Laws, and the repeal of all other By-Laws now in effect, shall not affect any legal act done, any penalty or liability incurred, or any pending suit, prosecution, or proceeding. The repeal of a By-Law shall not thereby have the effect of reviving any By-Law theretofore repealed.
Section 3. Words and phrases specifying or naming any officer, board or committee of the Town shall be construed as including the lawful successor, or the person or persons having the powers and performing the duties of such officer, board or committee.
Section 4. Any or all of these By-Laws may be repealed or amended or other By- Laws may be adopted at any Town Meeting.
Section 5. Selectmen shall publish and distribute every five years the By-Laws of the

Town in effect at that time.
Section 6. The invalidity of any Section of any Chapter hereof shall not affect the validity of any other section.
Section 7. Any Town departments, commissions or functions not governed by these By- Laws are covered by pertinent provisions of the Massachusetts General Laws.
CHAPTER II

TOWN MEETINGS
Section 1. The Annual Town Meeting shall be held on the first Thursday evening in

May of each year. As amended A.T.M. 5/02/03.
Section 2. The Annual Town Meeting for the election of Town officers and the determination of such matters as are required by law to be elected or determined by ballot shall be considered at any adjournment of such meeting to be held on the Monday following the first Friday in May. As amended S.T.M 9/28/73.

Section 3. The polls shall be opened during hours prescribed by the Board of Selectmen and in compliance with applicable provisions of the Massachusetts General Laws.
Section 4. At least five days before the day fixed in the Warrant for the Annual Town Meeting, the Selectmen shall cause to be made available copies of the Annual Town Report in the Lenox Town Hall. In case of a Special

Town Meeting the regular legal notice shall be given. As amended A.T.M.

5/1/81.
Section 5. Only persons registered to vote in the Town shall have a vote at the Town Meeting. Any other person may be allowed to attend and speak at the discretion of the Moderator. If as many as ten voters so desire, a person who is not a registered voter shall be allowed to speak. An attorney rep- resenting a client or clients shall disclose the fact before speaking on any matter. As amended S.T.M. 6/27/75.
Section 6. The numbers of voters necessary to constitute a quorum at any Annual Town Meeting shall be five percent (5%), and at any Special Town Meeting (1%) of the votes cast at the previous State election; provided, however, that a number less than a quorum from time to time adjourn the same. This section shall not apply to such parts of meetings as are devoted to the election of Town officers.
Section 7. Articles of the Warrant shall be acted upon in the order in which they ap- pear unless otherwise determined by majority vote of the meeting.
Section 8. All motions having to do with the expenditure of money shall be presented in writing; other motions shall be in writing if so directed by the Moderator.
Section 9. When a question is put, the sense of the meeting shall be determined

by a voice vote and the Moderator shall declare the vote as it appears to him. If his decision is doubted, or a division of the house is called for, the Moderator may appoint tellers to make and return the count by a show of hands.
Section 10. No motion, the effect of which would be to dissolve the meeting, shall be in order until every article in the Warrant therefore has been duly considered and acted upon, but this shall not preclude the postponement of consideration of any article or articles to an adjournment of the meeting at a stated time and place.
Section 11. To be included in the Warrant for the Annual Town Meeting of any year, articles must be presented to the Selectmen not later than 10 March of that year. As amended S.T.M. 6/27/75.
CHAPTER III TOWN OFFICERS
Section 1. There shall be five Selectmen elected as follows: Two Selectmen for a term of three (3) years, two Selectmen for a term of two (2) years, one Selectman for a term of one (1) year, and at each Annual Town Meeting thereafter, Selectmen shall be elected for three (3) years. Amended by Chapter 155 of the Acts of 1991, 7/24/91.
Section 2. The Selectmen shall five (5) days before the Annual Town Meeting of

each year, cause to be printed and distributed annual reports of the Town officers, appointees and committees. This report shall contain a statement of the financial condition of the Town, together with a detailed report of all receipts and expenditures incurred during the preceding year.
Section 3. It shall be the duty of the Town Clerk as soon as possible after every Town Meeting, to notify in writing all members of committees who may be elected or appointed at such meeting stating the business on which they are to act and the names of the persons composing the commit- tees, and also to notify all officers, boards and committees of all articles passed at such meeting that in any way affect them.
Section 4. Commissioners of Trust Funds.
There shall be appointed three (3) Commissioners of Trust Funds as follows: One Commissioner shall be appointed for three (3) years, one Commissioner for two (2) years, and one Commissioner for one (1) year; thereafter one Commissioner shall be appointed each year for a term of three (3) years. The duties of such Commissioners shall be as set forth in Chapter 41, Section 46 and 47 Massachusetts General Laws (Ter. Ed.). Amended by Chapter 155 of the Acts of 1991, 7/24/91.
Section 5. Seven Members of the School Committee.
Beginning at the 1955 Annual Town Meeting and continuing every third year thereafter, there shall be elected three (3) members to the School Committee for a term of three (3) years. At all other Annual Town Meetings there shall be elected two (2) members of the School Committee for a term of three (3) years.
Section 6. Other Town Officers.
The following Town Officers, Boards or Committees, not provided heretofore, shall be elected at Annual Town Meetings for a term of three (3) years. Amended by Chapter 155 of the Acts of 1991, 7/24/91.
The Board of Health
CHAPTER IV

FINANCE COMMITTEE
As Amended and Adopted S.T.M. 10/01/90
Section 1. There shall be a Finance Committee consisting of nine (9) legal voters of the Town who shall be appointed by the Moderator. No elective Town officer or Town employee shall be eligible to serve on said Committee. The members of this Committee shall be sworn to the faithful performance of their duties, shall choose their own officers and shall serve without pay. A true record shall be kept of the Committee’s proceedings.
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