Chapter 92

Section 33. The division of state parks and recreation, hereinafter referred to as the division, may maintain and make available to the inhabitants of Arlington, Belmont, Boston, Braintree, Brookline, Cambridge, Canton, Chelsea, Dedham, Dover, Everett, Hingham, Hull, Lynn, Malden…

Section 34. The state treasurer may, with the approval of the governor and council, receive and hold in trust for the commonwealth, exempt from taxation, any grant or devise of lands or rights in land, and any gift or bequest of money or other personal property, made for the purp…

Section 34A. The executive director of the office of travel and tourism, in this section called the executive director, may receive and hold in trust for the commonwealth, exempt from taxation, any instrument of value, including but not limited to any gift or bequest of money or …

Section 34B. (a) The metropolitan district commission is hereby authorized to establish a park ranger program within the department to preserve, maintain and protect the parks, reservation, historic sites and open space and to ensure the environmental integrity of properties unde…

Section 34C. Notwithstanding any general or special law or administrative bulletin to the contrary and pursuant to section 34, there is hereby established and set up on the books of the commonwealth a separate fund, to be known as the Blue Hills Reservation Trust Fund, which shal…

Section 34D. (a) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Christian A. Herter Park Trust Fund, which shall be administered by the department of conservation and recreation. Amounts credited t…

Section 34E. (a) There shall be established and set up on the books of the commonwealth a separate, non-budgeted special revenue fund known as the Leo M. Birmingham Parkway Trust Fund, which shall be administered by the department of conservation and recreation. Amounts credited …

Section 34F. There shall be established and set up on the books of the commonwealth a separate fund, which shall be known as the Middlesex Fells Reservation Trust Fund. The fund shall be used to advance recreational, educational and conservation interests, including, but not limi…

Section 35. The commission may connect any way, park or other public open space with any part of the towns of the urban parks district by suitable roadways or boulevards, in this chapter called boulevards, and for this purpose exercise any of the rights and powers granted the com…

Section 35A. The division may authorize the removal to some convenient place, through the agency of a person in the employ of the division, or by an independent contractor selected on the basis of competitive bids, any vehicle, except a vehicle owned by the commonwealth or a poli…

Section 36. The commonwealth shall be liable for injuries sustained by persons while traveling on any boulevard maintained by the division under authority of the preceding section, if the same are caused by defects within the limits of the constructed traveled roadway, in the man…

Section 37. Except as provided in section 38, the commissioner, in consultation with the director, may make rules and regulations for the government and use of the reservations, roads, driveways, parkways, boulevards or bridges under the division's care and to govern the public u…

Section 38. The department may make reasonable rules and regulations, not impairing freight traffic, for the care, maintenance, protection and policing of the Charles river basin as defined in section two of chapter five hundred and twenty-four of the acts of nineteen hundred and…

Section 41. The commission may provide and maintain upon reservations and boulevards under its care, suitable accommodations for bathing and boating, and for the use of the same may establish rules and regulations and make reasonable charges. A disabled veteran or a handicapped p…

Section 42. The commission may grant to towns locations for common sewers and drains in and across reservations or boulevards under its care and control. Whenever a drain or sewer is laid in locations so granted, the board of town officers respectively authorized to levy and coll…

Section 43. The commission in consultation with the department of public utilities or the department of telecommunications and cable may grant locations to street railways or electric railroads within the boulevards and reservations in its care and control, and may also grant upo…

Section 44. Subject to the provisions of section forty-three, the commission, upon petition of a duly authorized official or representative of a street railway, electric railroad, gas or electric company for such location, shall give notice to all parties interested of the time a…

Section 45. The commission may by order alter, extend or revoke any such location whenever in its opinion the public interest or the rights of the commonwealth so require; provided, that before so doing notice and hearing shall be given to the company and all persons interested, …

Section 46. The commission, within fourteen days after making any order granting a location, or an extension, alteration or revocation of a location, referred to in sections forty-three and forty-four, shall deposit a copy of such order in the office of the clerk of the city or t…

Section 47. All companies operating under the four preceding sections shall remain subject to the duties and liabilities imposed by other provisions of law consistent with said sections, and shall have the powers, duties and rights therein authorized, all of which shall be in add…

Section 49. The commission may make such agreements with any railroad corporation as may be necessary to secure or facilitate the laying out, extension, construction and maintenance of a boulevard under the care or control of the commission across railroad lands or locations, and…

Section 50. The commission shall give the railroad corporation thirty days' written notice of the proposed work, accompanied by a plan thereof; and if the commission is unable to agree with the railroad corporation across whose land or location it desires to lay out, extend and c…

Section 51. The department of telecommunications and energy, upon petition of the commission and after due notice to the railroad corporation, shall hear the parties, and, if of the opinion that said petition should be granted, shall make a decree describing the place, time and m…

Section 52. All expenses of, and incident to, constructing and maintaining any roadway or parkway crossing a railroad, as provided in the three preceding sections, shall be borne by the commonwealth, and shall be paid out of the funds available for use by the commission for boule…

Section 53. The commission may provide band concerts in such parks, parkways or other places under its control for boulevard or reservation purposes, and at such times, as it may select. Said commission shall include in its annual estimate of the expense of maintenance of the urb…

Section 66A. No person shall be employed by the metropolitan district commission as a beach or swimming pool lifeguard unless he has attained his eighteenth birthday, except that said commission may, if there is no suitable list of eligible applicants to fill existing vacancies, …

Section 67. The commission may enter into an agreement with any electric light, power or gas company within the metropolitan parks district for a period not exceeding ten years, for the lighting of any part of the boulevards or reservations under the control of the commission, up…

Section 68. The commission and any electric light, power or gas company which supplies service to the commission, whether by contract or in accordance with rates established under the provisions of sections ninety-three and ninety-four of chapter one hundred and sixty-four, shall…

Section 69. The commission may replace or rebuild any bridge over the Charles river within the metropolitan parks district whenever funds for the purpose shall become available by gift under the provisions of this section; provided, that no such bridge shall be replaced or rebuil…

Section 70. No person shall deface or injure any part of the Charles river dam, or any wharf, wall or other structure or any mechanism connected therewith, or unnecessarily open any drawbridge connected therewith or obstruct the passage thereof; nor shall any person, without the …

Section 71. No person shall permit or suffer any vessel, scow, raft or float to come in contact with either of the gates of the lock of the Charles river dam. Whoever violates this section shall be punished by a fine of not more than fifty dollars.

Section 74. The commission may license the maintenance of those parts of buildings and of the foundations of buildings which on July first, nineteen hundred and ten, projected into, upon or over the embankment of the Charles river basin. Said licenses shall be granted upon such t…

Section 75. The division may appoint from the office of environmental law enforcement a harbor master and assistant harbor masters who shall respectively have and exercise within the Charles river basin all the powers and authority which now appertain by law to the offices of har…

Section 76A. The metropolitan district commission, after a public hearing notice of which shall be sent to the department of environmental protection, and to all cities and towns bordering on the Charles river basin, as defined by section two of chapter five hundred and twenty-fo…

Section 76B. Any such permit shall be upon the condition that water taken thereunder for purposes other than fire protection shall be supplied only to such manufacturers as can use it in a system of closed pipes without opening at any point within their premises; that it is to be…

Section 76C. No manufacturing establishment shall be supplied with water taken from the basin under a permit granted under the two preceding sections until proper and suitable connections have been made for use of city or town water, so that, in case of revocation of the permit, …

Section 76D. No permit granted under sections seventy-six A and seventy-six B shall authorize the taking of water from said basin to such an extent as substantially to affect the maintenance of the water level in said basin at the height required by chapter four hundred and sixty…

Section 76E. For the purpose of meeting the expenses of constructing such works and of laying such mains and pipes, a city or town receiving a permit as aforesaid may borrow money, subject to the provisions of section eight of chapter forty-four.

Section 79. For the purposes set forth in section thirty-three, the commissioner, acting so far as may be in consultation with the proper local boards, on behalf of the commonwealth, may take in fee or otherwise, by purchase, gift, devise, or eminent domain under chapter seventy-…

Section 80. For the purpose of carrying out section thirty-five, the commissioner may take or acquire, in fee or otherwise, on behalf of the commonwealth, by purchase, gift, devise, or eminent domain under chapter seventy-nine, any land or easements or interests in land within th…

Section 83. The department may, for all purposes consistent with the purposes specified in sections thirty-three and thirty-five, erect, maintain and care for buildings, and grant easements, rights of way or other interests in land, including leases, in any portion of the lands t…

Section 84. The department may, with the concurrence of the park commissioners, if any, of the town within the urban parks district where the property is situated, by deed recorded in the county where the land lies, accompanied by plan or survey, abandon any easement or other rig…

Section 85. The department, with the concurrence of the park commissioners, if any, in the town within the urban parks district where the property is situated, may sell at public or private sale any portion of the lands or rights in land the title to which has been taken or recei…

Section 86. Whenever, by reason of a taking by the commonwealth through the department for reservation or boulevard purposes under section 80, a public way is so affected that the public rights therein might otherwise be abridged, either by being wholly or partly included within …

Section 87. The department may transfer, for care and control, including police protection, any lands or rights or easements or interest in land held by it under sections thirty-three and thirty-five to any city, town, county, or local board of a city or town within the urban par…

Section 88. The division may join with any city, town or county in the laying out, improvement, relocation, widening, repairing, maintaining and caring for any public way, bridge or stream which lies along or connects any reservation or boulevard owned or controlled by the divisi…

Section 89. If money, goods or other property which has been stolen, lost, abandoned or taken from a person under arrest comes into the possession of a police officer or other employee of the commission by virtue of his office or employment, he shall deliver the same to the perso…

Section 90. If no person proves ownership of such money, goods or other property within six months, the commission may cause the same, excepting money unclaimed, to be sold at public auction at such place and time and by such person as the commission may designate.

Section 91. Notice of the time and place of such sale, with a description of the property, shall be given by publishing the same once in a newspaper published in Boston.

Section 92. Such property, if perishable or liable to deteriorate greatly in value by keeping, or the value of which will probably be less than the expense of keeping, may be sold at public auction at such place and at such time within six months and by such person as the commiss…