I.
OFFENSES AGAINST PUBLIC PEACE
9-1
Disorderly conduct in street.
9-2
Noise Control.
9-3
Ball Playing in Streets.
9-4
Penalty for Violation
9-5
[reserved].
9-6
[reserved].
9-7
[reserved].
II.
OFFENSES AGAINST PUBLIC DECENCY
9-8
Nude swimming or bathing in certain waters.
9-9
Urination and exposure of person in street.
9-10
Games of chance.
9-11
Drinking liquor on public property.
9-12
Window peeping.
9-13
Penalty for violation.
III.
OFFENSES PERTAINING TO PROPERTY
9-14
Throwing snowballs, stones, etc., on streets.
9-15
Making of indecent figures or writing obscene words, etc.
9-16
Trespass--Delivery personnel to use walkway.
9-17
Posting of handbills and signs.
9-18
Litter.
9-19
Water.
9-20
Penalty for violation.
9-21
Loitering--Authority to invoke curfew.
9-22
Penalty for violation
9-1
9-23
Prohibited at public meetings.
9-24
Free Standing Cigarette Vending Machines.
============================================================
I.
OFFENSES AGAINST PUBLIC PEACE
9-1
Disorderly conduct in street.
No
person shall behave in a disorderly manner, or utter any obscene or indecent
language
in any public street or public place in this city; and no person shall, without
right,
stand or remain upon a wall or fence, or upon any doorstep or other projection
from a
house, or obstruct any passage to or from such house or building, after
having
been requested by a police officer of the city, or by the owner or occupant of
any
such building, to depart and stay therefrom. (Prior Ch. 25, sec. 5(E)).
9-2
Noise Control.
A.
Declaration of Findings and Policy: Whereas excessive sound is a hazard to the
public
health, safety, welfare and the quality of life; and whereas a substantial
body of
science and technology exists by which excessive sound may be
substantially
abated; and, whereas people have a right to and should be
ensured
an environment free from excessive sound that may jeopardize their
health,
safety, welfare or degrade the quality of life; now, therefore, it is the
policy
of the City of Woburn to prevent excessive sound which may jeopardize
the
health, safety or welfare of its citizens or degrade the quality of life.
B.
Scope: This Ordinance shall apply to the control of all sound originating
within
the
limits of the City of Woburn except as follows:
1. The
emission of sound for the purpose of alerting persons to the existence
of an
emergency or the emission of sound in the performance of emergency
work or
in the training exercises related to emergency activities.
2. All
snow clearance activities by the City, its agencies or departments or any
person
under a contractual arrangement with the City.
3. Any
program or activity supervised by the Recreation Commission of the
City of
Woburn.
4.
Non-commercial public speaking and public assembly activity conducted on
private
property, public space or public right of way, except those activities
otherwise
regulated by Subsection B.
9-2
5.
Parades, public gatherings or sporting events for which the proper permits
have
been issued.
6.
Emission of sound in the discharge of weapons or in fireworks displays from
8:00
a.m. until 12:00 midnight when licensed by the City.
7.
Emergency vehicles, such as police, fire, ambulance or civil defense
apparatus.
8.
Devices as required by federal or state law.
C.
Definitions.
In
construing this Ordinance, the following words shall have the meanings
herein
given, unless a contrary intention clearly appears:
1.
Background noise level - the ambient noise level which exists prior to or
exclusive
of the beginning of generation of a source of noise pollution
and
which would exist if said noise source were quieted and which does
not
include sound or noises which would qualify as noise pollution
hereinafter
defined.
2. City
- the City of Woburn.
3. City
agencies - any agency named directly or indirectly shall be agencies
of the
City of Woburn.
4.
Construction and demolition - any site preparation, assembly, erection,
substantial
repair, alteration, destruction or similar action for public or
private
rights of way, structures, utilities or similar property.
5.
Electronic devices - any radio, tape recorder or player, television,
phonograph,
public address system, loudspeaker, amplified musical
instrument
or other similar device.
6.
Emergency - any occurrence or set of circumstances involving actual or
imminent
physical trauma or property damage which demands immediate
action.
7.
Emergency work - any work performed for the purpose of preventing or
alleviating
the physical trauma or property damage threatened or caused
by an
emergency.
8.
Motorcycle - any unenclosed motor vehicle having two or three wheels in
contact
with the ground, including but not limited to, motor scooters,
minibikes
and mopeds, and so-called "dirt-bikes" and other off-road
motorcycles.
9.
Motor vehicles - any vehicle which is propelled or drawn on land by a
motor,
such as passenger cars, trucks, truck-trailers, semi-trailers,
campers,
go-carts, snowmobiles, dune buggies or racing vehicles, but
not
including motorcycles.
10.
Noise pollution - a condition caused by a noise source that increases
noise
levels ten(10) decibels measured on the A-Weighted system
(dB(A))
or more above background noise levels, except that if the noise
9-3
source
produces a tonal sound, an increase of five(5)dB(A) or more
above
background noise levels at any time of the day or night it shall be
deemed
sufficient to cause noise pollution.
11.
Person - an individual, partnership, association, firm, syndicate,
company,
trust, corporation, department, bureau, agency or any entity
recognized
by law as the subject of rights and duties, including the City
and its
agencies and departments, and any person as herein defined
operating
under a contractual agreement or other agreement with the
City.
12.
Tonal sound - any sound that is judged by a listener to have the
characteristics
of a pure tone, whine, hum or buzz.
D. Time
Restrictions.
1. All
electric motors and internal combustion engines employed in yard or
garden
maintenance shall be prohibited from use on Sunday through
Thursday
evenings from 9:00 p.m. until 7:00 a.m. the following morning, and
on
Friday and Saturday evenings from 9:00 p.m. until 9:00 a.m. the following
morning.
2. All
electric motors and internal combustion engines employed in outdoor
construction,
demolition or earth moving shall be prohibited from use every
evening
from 7:00 p.m. until 7:00 a.m. the following morning, without permit
issued
by the Board of Health allowing such operation, except on Sunday
when
all such devices shall be prohibited from operating at any hour without
a
permit issued by the Board of Health in accordance with the provisions of
Subsection
F, unless declared emergency work pursuant to Subsection B(1).
3. All
public address loudspeakers, either mobile or stationary, shall be
prohibited
from operating every evening from 9:00 p.m. until 7:00 a.m. the
following
morning, except when in use by emergency services personnel in
the
performance of duty, or by permit issued by the Board of Health pursuant
to Subsection
F.
4. No
automobile, motorcycle, truck, or vehicle-mounted refrigeration equipment
shall
be left running within three hundred (300) feet of a dwelling, hotel or
residence
for a period of greater than five (5) minutes, except when in traffic
or when
in the control of a garage, service station or similar facility for repairs,
maintenance
or safety inspection.
5. No
person shall cause, allow, suffer or permit the unnecessary foreseeable
idling
of a diesel locomotive for a continuous period of time longer than thirty
9-4
F.
Specific Prohibitions.
(30)
minutes. This regulation shall not apply to locomotives being serviced,
provided
that the idling is essential to the servicing.
E.
Noise Sources Causing Noise Pollution.
1. No
person shall willfully, negligently or through failure to provide necessary
equipment
or facilities or to take necessary precautions permit the
establishment
or continuation of a condition of noise pollution caused by a
noise
source owned, leased, kept or controlled by such person, or caused by
any
activity of such person, its agents, employees or servants.
2. When
the offending noise source is located in public spaces, noise
measurements
shall be made at and noise pollution determinations made in
relation
to any location a passerby might reasonably occupy. When the
offending
noise source is located on private property, noise measurements
shall
be made at and noise pollution determinations made in relation to the
boundary
line of the property within which the offending source is located, or
as
close thereto as feasible.
1. It
is the intent and purpose of this Section to prevent excessive noise and to
limit,
control and eliminate excessive noise in general and from whatever
source.
Nothing in this Ordinance shall be construed as limiting the rights of
any
person to seek redress in a court of law or equity for any injury to a
person
or damage to real or personal property caused by excessive noise.
2. The
following noise sources are hereby declared noise pollution and
forbidden:
a.
Horns, signaling devices - the sounding of any horn or signaling device
on any
motor vehicle, except as a danger warning or in an emergency,
the
creation by means of any such signaling device of an unreasonably
loud or
harsh sound, and the sounding of any such signaling device for
an
unnecessary and unreasonable period of time.
b.
Defect in vehicle or load - the use of any motor vehicle or motorcycle so
out of
repair, loaded in such a manner or with material of such nature as
to
create loud and unnecessary grating, grinding, rattling or other noise.
c.
Loading, unloading, opening boxes - the creation of loud and excessive
noise
in connection with loading or unloading any vehicle, or the opening
or
destruction of bales, boxes, crates or containers, without exercising
reasonable
care to limit such noise and to confine the same.
d.
Construction, repairing of buildings – the erection (including excavation),
demolition,
alteration or repair of any building at any time other than
9-5
between
7:00 a.m. and 9:00 p.m. on any day except Sunday, unless a
permit
is obtained from the Board of Health pursuant to Subsection F.
e.
Transportation of materials - the transportation of rails, pillars or columns
of
iron, steel or other material, upon a motor vehicle or in any manner so
loaded
as to cause loud noises or as to disturb the peace and quiet of a
neighborhood.
G.
Permits for Exemption and Extensions of Time
1. The
Board of Health may grant a permit for any activity otherwise forbidden
by the
provisions of this Ordinance upon a determination by the Board of
Health
that compliance in the conduct of such activity would cause undue
hardship
on the person or persons conducting such activity, or upon the
community,
taking into account the extent of noise pollution caused by not
requiring
compliance. The Board of Health shall establish appropriate
procedures
for the processing of requests for such permits, including such
hearings
as the Board of Health deems appropriate. Copies of all such
permits
shall be filed with the Clerk of the City Council and the Board of
Health
promptly after issuance.
2. The
Board of Health may extend to a specified date the time for compliance
with
this Ordinance in the case of any particular activity with respect to which
a
determination is made that such extension is necessary to provide a
reasonable
opportunity for such activity to be brought into compliance.
3. No
such extension shall be granted which has the effect of exempting such
activity
from compliance with this Ordinance. The Board of Health shall
establish
appropriate procedures for the processing of requests from such
extension
of time, including such hearings as the Board of Health deems
appropriate.
G.
Judicial Review.
Any
person aggrieved by the grant or denial of a permit pursuant to Subsection F
or an
extension of time pursuant to Subsection F may seek relief therefrom by a
civil
action in any court of competent jurisdiction as provided by the laws of the
Commonwealth
of Massachusetts.
H.
Penalties.
1.
Violation of any of the provisions of this Ordinance shall constitute a
misdemeanor.
If a person is deemed to be in violation, he shall be notified in
writing
that he is in violation and shall be allowed a reasonable period of time
9-6
to come
into compliance. If the allotted time period has elapsed and the
person
has failed to come into compliance, he shall be tried in the District
Court
and if convicted, fined in an amount not to exceed three hundred
($300.00).
Each day such violation continues shall be considered a
separate
offense.
2.
Notwithstanding the foregoing, any alleged violation of any of the provisions
of this
Ordinance may, in the sole discretion of the Board of Health, be made
the
subject matter of proceedings initiated by the Board of Health pursuant
to the
provisions of M.G.L. Chapter 40, Section 21D, that is, Non-Criminal
Disposition.
If the Board of Health so elects to proceed under said Ch. 40,
sec.
21D, all the terms and provisions of such Chapter and Section shall
thereafter
govern said action.
I.
Severability.
If any
provision(s) of this Ordinance or the application of this Ordinance to certain
circumstances
shall be held to be invalid, the validity of the remainder of this
Ordinance
and the application of such provision to another person or
circumstances
shall not be affected thereby.
J.
Enforcement.
The
Board of Health shall be responsible for the administration and enforcement
of this
Ordinance, shall have the power to effect compliance by warning or order
commanding
necessary actions or forbearances, by issuing fines consistent with
this
Ordinance or by initiation of appropriate legal proceedings in a court of
competent
jurisdiction, shall investigate complaints about excessive noise, make
observations
and maintain necessary surveillance. The Police Department shall
cooperate
and assist the Board of Health to insure proper compliance with this
Ordinance.
(Prior Ch. 25, sec. 9(A, B, C, D); new Ord. dated 05/18/88).
9-3
Ball playing in streets.
No
person shall in any street or on any dedicated memorial area play ball, throw
stones
or shoot with or use a bow and arrow or sling. (Prior Ch. 25 9(E)).
9-4
Penalty for violation.
Any
violation of the provisions of Section 9-1 shall be punishable by a fine of not
more
than two hundred dollars. (Prior Ch. 25, sec. 5(K) (part)).
9-5 -
9-7 [Reserved]
9-7
II. OFFENSES AGAINST PUBLIC DECENCY
9-8
Nude swimming or bathing in certain waters.
No
person shall swim or bathe in nude state in any waters within the city so as to
be
visible
from any dwelling house or street therein. (Prior Ch. 25, sec. 5(B)).
9-9
Urination and exposure of person in street.
No one
shall urinate in or upon any public street, way or place within the city in
such
a
manner as to expose his person. (Prior Ch. 25 , sec. 5(C)).
9-10
Games of chance.
No
person shall expose in any street or public place any game or device of any
kind
intended
for playing a game of hazard or chance; and no person shall play such a
game or
any unlawful game in any street or public place. (Prior Ch. 25, sec. 5(F)).
9-11
Drinking liquor on public property.
A. No
person shall drink any alcoholic beverages as defined in Chapter 138, Section
1 of
the General Laws of the state, or possess an open container full or partially
full of
any alcoholic beverages while on, in, or upon any public way, upon any way
to
which the public has right of access, in any place to which members of the
public
have access as invitees or licenses, in any park or playground conservation
area,
or recreation area, or private land or place without consent of the owner or
person
in control thereof.
B. Any
person convicted of violating this section shall be punishable by a fine not
exceeding
two hundred dollars for each offense. (Prior Ch. 25 , sec.9(I)).
9-12
Window peeping.
No
person, except an officer of the law in performance of his duties, shall enter
upon
the
premises of another with intention of peeping into the windows of a house or of
spying
upon in any manner any person or persons therein. Whoever violates this
section
may be arrested without a warrant by a police officer and detained in jail, or
otherwise,
until a complaint can be made against him for the offense. (Prior Ch. 25,
sec.
9(J)).
9-13
Penalty for violation.
Any
violation of the provisions of Sections 9-8 through 9-10 shall be punishable by
a
fine of
not more than two hundred dollars. (Prior Ch. 25, sec. 5(K)(part)).
9-8
III.
OFFENSES PERTAINING TO PROPERTY
9-14
Throwing snowballs, stones, etc., on streets.
No
person shall, in any public way, throw any snowball, stone or other substance,
or
engage
in any amusement, game, or exercise, interfering with the free, safe and
convenient
use of such public way. No person shall promote or encourage the
fighting
of birds or animals in any public way. (Prior Ch. 25, sec. 5(A)).
9-15
Making of indecent figures or writing obscene words, etc.
No
person shall make any indecent figures, or write any indecent or obscene words
upon,
or wantonly mar, injure, deface, or destroy any building, fence, wall,
guidepost,
signboard, awning, lamppost, pole, lamp, or lantern in any public way.
(Prior
Ch. 25, sec. 5(D)).
9-16
Trespass--Delivery personnel to use walkway.
A. No
person without lawful authority, or without the express or implied consent of
the
owner or his agent, shall enter any building or enter on any enclosed or
improved
real estate, lot or parcel of ground in the city; or, being upon the land
of
another, shall fail, or refuse to leave the same when requested to do so by
the
person lawfully in possession thereof, his agent or representative; or deposit
on the
premises of another, or remove therefrom any material, substance,
earth,
dirt, ashes, refuse, turf or other article or thing whatsoever.
B.
Provided further, all delivery personnel, including letter carriers, whether
employed
by a private firm or government agency or government-supported
corporation
shall use sidewalks and accepted and approved walkways and shall
refrain
from traversing lawns or other private property not normally used as a
walkway
by the general public in order to effect delivery. (Prior Ch. 25, sec.
5(H)).
9-17
Posting of handbills and signs.
A.
Posting of Handbills, etc., Upon Buildings, Walls, etc., Prohibited Without
Permit.
No person shall post any placard, handbill, poster, or notice upon any
building,
tree, tree-guard, fence, or any other thing, without the consent of the
owner,
agent, or occupant, nor upon any buildings, wall, fence, tree, or treeguard
belonging
to the city without a permit from the superintendent of public
works.
B.
Political Signs.
1.
Definition - A political sign is a sign designed, used or intended to induce
9-9
voters
to vote for either the passage or defeat of a measure appearing on
the
ballot of any election, or for either the election or defeat of a candidate
for
nomination or election to any public office in any election, and includes
without
limitation banners, campaign signs, posted handbills and notices of
any
kind.
2. Time
limitations - Political signs may be displayed in connection with an
election
beginning no earlier than thirty days prior to the primary or
preliminary
election and continuing up to five days after the date of the
election.
If election signs pertain not only to a primary or preliminary election
but
also to a succeeding general election, they may be displayed until the
general
election and shall be removed within five days after the date of the
general
election.
3.
Signs on private property - Political signs erected on private property shall
be no
larger than four (4) square feet in area. No person shall erect or
display,
or cause or authorize any person to erect or display, any election
sign on
any property not owned or controlled by such person, unless
authorized
to do so by the owner or other person in control of such property.
4.
Prohibited on public property - No person shall erect or display, or cause or
authorize
any person to affix, erect, display, place or post any political sign
on any
public property or utility pole or within a public right-of-way, on traffic
signs,
signals, or devices including directional signs, advisory signs,
regulation
signs and traffic-signalized intersections, or where signs may be
obstructed
from the driver's view. Election signs on public property may be
removed
without notice by members of the Police Department or the
Department
of Public Works. The Chief of Police or the Superintendent of
Public
Works, as the case may be, shall cause a list of election signs
removed
from public property to be filed with the City Clerk for public
information.
The City Clerk shall retain such lists for a period of thirty (30)
days
following the general election or until any litigation is concluded.
5.
Traffic hazards - No political sign shall be placed in a manner that would
obstruct
visibility to pedestrian or vehicular traffic or which shall constitute a
traffic
hazard in the discretion of the Chief of Police or his subordinate
officers.
Added
6/19/2000
9-18
Litter.
A. No
person in any public way, public alley or other public place shall, whether in
or
upon a
vehicle or on foot, deposit, drop, or throw upon such way, alley or place
9-10
Possession
and Manufacture of Spray Paint by Minors:
upon
any roadway or walk thereof, and suffer to remain there, any filth, rubbish,
wrapping
paper or other substance unless it is deposited, dropped or thrown into a
receptacle
provided for the purpose by the city.
B.
Violation--Penalty. For violation of this section there shall be a two hundred
dollar
fine
for the first offense, and a three hundred dollar fine for second and
subsequent
offense.
C. The
superintendent of public works shall set up a general rubbish pickup week, for
bulky
rubbish, in every ward in the city, and this shall be done every other year.
(Ord.
of 4/5/84; prior Ch. 25, sec. 7).
D. No
person shall sell, distribute or use a self-contained propellant shot out of a
can
during
a parade within the boundaries of the City. Each violation shall be subject
to a
penalty of $200.00, and such product and its container shall be considered
"Litter".
(Added by Ord. dated 08/15/90).
E. Sale
of Spray Paint to Minors:
a. No
person shall knowingly sell to any child under eighteen (18) years of age
any
aerosol container of paint capable of defacing property.
b. For
purposes herein, bona fide evidence of majority, identity of majority and
identity
of the person is a document issued by a federal, state, county or
municipal
government, or subdivision or agency thereof, including, but not
limited
to, a motor vehicle operators license, a registration certificate issued
under
the Federal Selective Service Act (50 App. U.S.C. *451 et seq.),
identification
card issued to a member of the Armed Forces or a birth
certificate.
Proof that the defendant, or his employee or agent, demanded, was
shown
and acted in reliance upon such bona fide evidence in any sale
transaction
forbidden hereby, shall be a defense to any criminal prosecution
therefor.
c. Any person
who owns, manages or operates a place of business wherein
aerosol
containers of paint capable of defacing property are sold shall
conspicuously
post notice of this law in such place of business in letters at
least
one inch (1") high.
d. Any person
violating the provisions of this ordinance shall be fined not less
than
fifty dollars ($50.00) for each offense.
a. It
shall be illegal for any person under eighteen (18) years of age to possess
9-11
and
manufacture any aerosol container of paint capable of defacing
property,
unless otherwise accompanied by a parent or legal guardian.
b. Any
person under the age of eighteen (19) found violating the provisions of
this
ordinance shall be fined not less than fifty dollars ($50.00) for each
offense.
c.
Possession shall be defined as having on or about a person, spray
propellant
type paint unless otherwise accompanied by a parent or legal
guardian.
(Ord. 2/4/94).
9-19
Water.
A.
Watering Street Regulated. No person shall water any public way by or with a
watering
cart, without a license from the superintendent of public works, subject
to such
conditions as may be prescribed by said superintendent.
B.
Shedding of Water from Building to Street Prohibited. No person shall suffer his
or her
building to shed water on any public way. (Prior Ch. 25, sec. 8).
9-20
Penalty for violation.
Any
violation of the provisions of Sections 9-14 through 9-16 shall be punishable
by
a fine
of not more than two hundred dollars. (Prior Ch. 25, sec. 5(K)(part)).
9-21
Loitering--Authority to invoke curfew.
A. The
chief of the police department, or the officer in charge may invoke this
section
whenever he deems it in the best interest of public safety.
B. No
person shall loiter, or remain upon any street, highway, public off-street
parking
lot or other outdoor public place in the city, in groups of two or more after
the
hour of ten p.m., unless attending a lawful assembly or function, in which
case
this time limit shall be extended to the time said assembly or function
terminates.
This curfew may be imposed in part or in all parts of the city as
deemed
necessary for the public safety.
C. If
the curfew is imposed through the city it shall need the sanction of the mayor.
The
city council shall have the authority to revoke or modify any such curfew.
(Prior
Ch. 25, sec. 5(G)).
9-12
9-22
Penalty for violation.
Any
violation of the provisions of Section 9-21 shall be punishable by a fine of
not
more
than two hundred dollars. (Prior Ch. 25, sec. 5(K) (part)).
9-23
Prohibited at public meetings.
No
person shall smoke, either pipe, cigar or cigarette, at any public meeting of
any
city
board, commission, committee, council, or subcommittee thereof, established
under
or by the city Charter or this code. The penalty shall be as provided in
Section
1-17. (Ord. dated 12/2/86: prior Ch. 1, sec. 10).
9-24
Free Standing Cigarette Vending Machines.
No
individual or company shall install or cause to have installed within the City
of
Woburn,
any Free Standing Vending Machines, the purpose of which is the
dispensing
of cigarettes. (Ord. dated 2/7/95).
9-13
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9-14