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2026 Annual Town Meeting, Town of Arlington, MA
Article: 22
Warrant Article Title:
BYLAW AMENDMENT / USE OF AREAS UNDER CONTROL OF
PARK DEPARTMENT
Warrant Article Text:
To see if the Town will vote to amend Title IV, Article 1, which in
part protects parks from destructive acts, by expanding
protections to park elements not currently listed and clarifying and
strengthening consequences for violations; or take any action
related thereto.
Requested By:
Elaine Crowder and ten registered voters,
Report Excerpt:
Vote and comment to Town Meeting - Favorable Action (5-0).
The Board voted 5-0 to recommend favorable action on this
warrant article that seeks to increase protection for areas under
the jurisdiction of the Park Department. The proposed changes
include an expansion of the defined protected areas under the
bylaw and an increase in the range of potential fines. The Board
believes the amendments improve the existing bylaw by providing
additional detail to the protected areas in our parks, while also
clarifying that normal use of recreational assets is not to be
penalized, and further that there should be discretion on the
amount of the fine based on the facts and circumstances.
Vote Language:
That the Town does and hereby amend Title IV, Article 1 of the
Town’s Bylaws so that it reads:
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TITLE IV
PUBLIC AREAS
ARTICLE 1
USE OF AREAS UNDER CONTROL OF PARK DEPARTMENT
Section 1. Entrances and Exits
No person shall enter or leave any Park, Playground Beach or
other area except at regular designated entrances or exits.
Section 2. Protection of Parks
No person shall injure, deface, dig up or displace, cut, break,
remove, fill in, raise, destroy, or tamper with any road, walk, trail,
lawn soil, naturalized habitat, woodland or beach; or deface,
defile, injure, destroy or ill use any building or habitat, bridge,
structure, fence, sign, bench, seat, platform, playing field or
court surface, playground surface, plant, flower, bush, tree,
shrub, wildlife, turf, grass, rock or other property or equipment,
real or personal, belonging to the Town of Arlington under the
jurisdiction of the Park Department, or have possession of any
part thereof. Damage due to normal wear and tear associated
with the intended use of park property or equipment, real or
personal, shall be exempt from Section 11 fines.
Section 3. Actions Prohibited
A. No person shall within any park or playground area throw
any stone or missile; or have possession of or discharge
any destructive weapon, firearm, fireworks, torpedo or
explosive; or make a fire except by written consent of the
Park Commissioners; or post, paint, affix, distribute or
display any sign, notice, circular, program, placard or any
other advertising device except by written consent of the
Park Commissioners; or drop or place and suffer to
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remain any piece of paper, garbage or other refuse,
except in the receptacles designated therefor, nor throw a
lighted match, cigar, cigarette or other burning substance
in said receptacles, or upon the ground; nor bring or
cause to be brought within any area under the control of
said Park Department any garbage, refuse or material for
the purpose of depositing same within said receptacles; or
bring or cause to be brought within any area under the
control of the Park Department glass containers or any
articles made of glass; or break or cause to be broken any
glass containers or any articles made of glass within any
area under the control of the Park Department.
B. No person shall within a park or playground area solicit
the acquaintance of or annoy another person; or utter loud
outcry; or solicit alms or subscriptions; or have possession
of or drink any intoxicating liquor; or make a harangue; or
make any undue noise or disturbance.
C. No person shall within a park or playground area have
possession of or drink any intoxicating liquor.
D. No person shall within a park or playground have in their
possession an opened glass beverage container.
E. No dumping of any kind shall be made within any park or
playground area, except by written consent of the Park
Commissioners.
Section 4. Permit Required
(ART. 30, ATM – 05/05/04)
A permit is required for all organized groups to utilize a playing
field. The Parks and Recreation Department may issue such
permits as it deems appropriate with reasonable regulations as it
shall determine relating to utilization of property under its
jurisdiction. The regulations may include without limitation
consideration as to the condition of the fields as affected by
inclement weather or overuse.
Section 5. Hours of Operation
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All areas under the care and control of the Board of Park and
Recreation Commissioners are considered to be opened at 5:00
A.M. and closed at 9:00 P.M., unless extended by the written
consent of said Board. Anyone found on said premises between
the hours of 9:00 P.M. and 5:00 A.M. without permission shall be
considered to be trespassers.
Section 6. Golf Prohibited
The playing of golf is strictly prohibited in or upon all areas under
the care and control of the Park Department.
Section 7. Bathing Attire Required
No person unless properly clothed, shall be upon any beach, or
swim, bathe or wade in any water within or adjoining any area
under the care and control of the Park Department and then only
at such times and in such places as the Park Commissioners may
designate; nor loiter or walk upon a sidewalk or roadway or about
an area, other than a bathing beach, in a bathing costume, unless
wearing a closed covering; nor lower from their shoulders or
remove any part of their bathing costume on any beach; nor
disrobe for bathing in a public sanitary or within public view.
Section 8. Animal Control
(ART. 9, ATM – 04/28/03), (ART. 36, ATM – 5/12/10)
No person shall cause or permit any animal owned by them or in
their custody or under their control, to roam or be at large, in, on
or through any park or playground, except in any area designated
by the Board of Park and Recreation Commissioners as a "Dog
Park", "Dog Run", or "Dog Exercise Area" or, except a dog when
restrained by a leash not exceeding six (6) feet in length. No
animals are allowed on any beach under the care and control of
the Park Department. Notwithstanding the foregoing, from park
opening time until 9 am, a maximum of two dogs per handler may
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be off-leash, under effective owner control, in all lands under
control of the Parks and Recreation Commission except:
A. those lands directly contiguous to school properties;
B. within 15 feet of playground equipment;
C. by specific exclusion of the Parks and Recreation
Commission.
Section 9. Certain Travel Prohibited
No person shall ride or drive an animal or ride a bicycle or
motorcycle, or ride or drive a motor car or other vehicle upon or
over any area under the care and control of the Park Department
which has been closed to travel by the placing therein or the
erection thereon of a barrier, fence, light or sign indicating that
such area is closed for public travel.
Section 10. Signs and Direction of Town Personnel
No person shall refuse or neglect to obey any rule, posted by sign
concerning the use of any area under the care and control of the
Park Department; nor shall they refuse or neglect to obey any
reasonable direction of a police officer or a person in charge of
such area.
Section 11. Violation and Fines
(ART. 30, ATM – 05/05/04)
Any person violating any of the foregoing, except Section 2,
Section 3C or Section 4 and Section 8 shall be punished by a fine
of not more than twenty ($20) dollars. Any person violating
Section 8 for each offense, shall be punished by a fine of not
more than fifty ($50) dollars. Any person violating Section 2 for
each offense, shall be punished by a fine of not more than
one hundred ($100) dollars. Any person violating Section 3C or
Section 4, for each offense, shall be punished by a fine of not
more than three hundred ($300) dollars.
