02/03/1982 BOARD OF SELECTMEN Minutes

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- 2 - laifically with reference to thel article you are proposir_ , Section I pproved by me as to form. With reference to Section 2 , I would suggest that at the encs of (c) you add the word "another ; " . I would further suggest that _n (k) in the first sentence, following the words "to be made" you add the words "without reasonable cause" and further that at the e-=1 of (m) you add the following " , after being warned to refrain fro- such conduct by the person in charge of the assembly, meeting or gathering" and that you add at the end of (n) the following " , after being warned by any person in authority to refrain from such conduct ." . Some of the sub- sections in Section 2 as proposed, establis_h a guideline which a Court may well find too vague to be capable of rea=c:znable interpretation and .therefore unconstitutional as being "vo_=-! for vagueness" . This is always a problem when drafting a by-la-:..a, and I suggest that the language used in .the Harwich by-law. was in— entionally selected to avoid this attack. I would recommend that you add to the end of Section 3 the following : nor to infringe upon the right of any law enforceme,=-mt officer engaged in the performance of his duties." With reference to Section 4LI would recommend that you eliminate the ds "day continued" appearing in :the last paragraph and t=hat you titute therefore the word "occurrence". With reference to Section 5, I would recommend that you de%<ete the same and substitute therefore the following: "In the event that any part of this_ by-law _ is founts to be inconsistent with any other provisions contained in otaer sections of the Town by-laws , it is intended 'that this particuz-:ar by-law shall take precedence and control . In the event that any part of this by- law-� is declar d void for any reason, by any Court of competent jurisdir-tion, the remainder thereof shall continue in full force ants- effect . " I note that in the interoffice memo from you to Joe Murphy :vou make reference to Chapter 40 Section 21D. I presume that you world desire to have available a non- criminal disposition for any violat-_ion of this disorderly conduct by- law. If I am correct , .then I would suggest that the following be added to the proposal to be submitted to t-hhe Town Meeting, to be included in Section 4 of the proposed by-lat..r_.