[HISTORY: Adopted by the City Council of
the City of Haverhill as Secs. 23-5, 23-9, 23-10, 23-16, 23-17, 23-23,
23-30, 23-31, 36-6, 22-25 and 23-32 of the 1963 City Code (Ch. 189
of the 1980 Code). Amendments noted where applicable.]
A.
No person shall sing, shout, pray, preach, exhort,
proclaim or deliver any speech, political or otherwise, or carry banners,
placards or advertising boards within the limits of any street, way
or public place without a permit therefor from the Chief of Police.
B.
Every permit granted under the provisions of this
section, unless sooner revoked, shall expire on the first day of May
after the date thereof, and every person so permitted shall be required
to leave with the Chief of Police a sample of each handbill or other
piece of advertising matter before distributing the same. The fee
for every permit granted under the provisions hereof shall be $5 per
annum.
No person shall make figures, draw or write
upon any fence, post, wall, tree, building or other object or structure
within or bordering upon any street, way or public ground or otherwise
deface or injure the same, nor wantonly mar, injure, deface or destroy
any fence, post, signboard, guidepost, awning, lamppost, lamp, light
or lantern in any street, way or public place.
No person shall behave in a rude or disorderly
manner, or use any indecent, profane or insulting language in any
street or way or public place or near any dwelling house or other
building, or be or remain upon any sidewalk or upon any doorstep,
portico or other projection from any house or building or in any church,
meeting house, public hall, hall, theater or entrance or hallway thereof
to the annoyance or disturbance of any person.
No person shall expose for the purpose of gaming
or any other unlawful purpose in or upon any street, way or public
place any table or device of any kind by or upon or with which any
game of hazard or chance can be played.
No person shall walk or stand upon or in any
other way occupy, make use of or encroach on any grass plot on any
street, avenue, square or other public or municipally owned land,
except as may be otherwise provided for public parks, without first
obtaining special permission therefor from the City Council.
No person, except an officer of the law in the
performance of his duties, shall enter upon the premises of another
with the intention of peeping into the windows of a house or spying
upon, in any manner, any person or persons therein.
No person shall spit upon the floor, steps or
platform of any railroad or railway station, car, public building,
hall, church, school, theater or market or upon any sidewalk or crosswalk
in the City.
No person shall swim or bathe, unless properly
clothed, in any of the waters within the City, so as to be exposed
to the view of spectators from any building, highway, street or railroad;
nor at any time or under or in any condition in ponds and waters used
for aqueduct purposes or waters otherwise barred from such use by
competent authority.
No person shall wantonly break, injure, deface,
tear, cut, cut down or destroy any ornamental, fruit or shade tree
or any shrub or vine, or injure, trample or destroy, pick or pluck
any branches, leaves or flowers in or on any public street or way,
square, common, public ground or park.[1]
[1]
Editor's Note: Original §§ 189-10 and 189-11, which immediately followed this section, were repealed as follows: Original § 189-10, Parking vehicles for sale on street prohibited, was deleted 7-10-2007 by Doc. 76; see now § 240-23, Parking vehicle for sale prohibited of Ch. 240, Vehicles and Traffic. Original § 189-11, Restrictions on land development operations, added 8-28-1979 by Doc. 217, was repealed 8-8-2006 by Doc. 155. See now Ch. 182, Noise.
[Added 9-29-1981 by Doc. 180]
A.
Whoever shall willfully or knowingly engage in the
business of selling, lending, giving away, showing, advertising for
sale or distributing to any person under the age of 18 years or who
has in his possession with intent to engage in said business or to
otherwise offer for sale or commercial distribution to any individual
under the age of 18 years or who shall display at newsstands or any
other business establishment frequented by minors under the age of
18 years, where said minors are or may be invited as part of the general
public, any pornographic motion picture or any still picture or photograph
or any book, pocket book, pamphlet or magazine the cover or contents
of which exploits, is devoted to or principally made up of descriptions
or depictions of illicit sex or sexual immoralities; or which is obscene,
lewd or indecent; or which consists of pictures of nude or partially
denuded figures posed or presented in a manner to provoke or arouse
lust or perversion, commercial gain; or any article or instrument
for indecent or immoral use shall be punished by a fine not exceeding
$200 for each offense and a like fine for each day's continuance of
such violation.
B.
Whoever shall willfully and knowingly engage in the
business of selling, lending, giving away, showing, advertising for
sale or the distribution to any person of such materials is hereby
prohibited from displaying the said materials in a place which is
visible to the general public, and shall keep said materials out of
the view of the general public. Whoever shall violate the provisions
of this subsection shall be punished by a fine not exceeding $200
for each offense and a like fine for each day's continuance of such
violation.
[Added 1-8-1991 by Doc. 179]
A.
No person over the age of 16 shall wear a mask, hood
or device by which any portion of the face is so hidden, concealed
or covered as to conceal the identity of the wearer and is upon public
property without permission of the City Council to do so.
B.
This section shall not apply to:
(1)
A person wearing a traditional holiday costume on
the occasion of the holiday.
(2)
A person lawfully engaged in trade and employment
or in a sporting activity where a mask is worn for the purpose of
ensuring the physical safety of the wearer or because of the nature
of the occupation, trade or profession or sporting activity.
(3)
A person using a mask in a theatrical production,
including the use in Mardi Gras celebrations and masquerade balls
or in the line of his or her employment.
(4)
A person wearing a gas mask prescribed in emergency
management drills and exercises or emergencies.
[Added 4-23-1991 by Doc. 61]
Any person who pays, agrees to pay or offers
to pay another person to engage in sexual conduct may be punished
by a fine of not more than $500 or may be ordered to perform community
service, as directed by the Court, of no fewer than 40 hours and no
more than 100 hours, or by both such fine and community service.[1]
[Added 9-30-2014 by Doc.
105]
A.
No person,
firm, store or corporation shall sell or offer for sale or distribution
within the City of Haverhill any synthetic cannabinoids, including
but not limited to products commercially known as "fake pot" and/or
"smokable incense" and all synthetic stimulants in the class of drug
known as "synthetic cathinones," products commercially known as "bath
salts." This includes all products containing but not limited to any/all
of the following synthetic stimulants; MDPV, mophedrone, methylone
and 3, 4 - methlenedioxypyrovalerone.
B.
Any person,
firm, store or corporation found in violation of this section shall
receive one written warning prior to the institution of fines. Any
person, firm, store or corporation found to be in violation of any
provision of this section on a second occasion, and all subsequent
offenses, shall be penalized pursuant to the City's noncriminal disposition
for violations of ordinances, bylaws, rules and regulations as provided
in MGLA c. 40, § 21D, and subject to a fine of $300 or by filing
a criminal complaint at the appropriate venue. A violation shall occur
for each day that the prohibited items are found to be sold or offered
for sale or distribution.
C.
The Police
Department shall be the enforcing authority for this section.
[Added 2-10-2015 by Doc.
22]
A.
No person shall smoke, vaporize, ingest or otherwise consume marijuana,
medical marijuana or delta-9-tetrahydrocannabinol (THC) in or upon
any public way or upon any way to which the public has a right of
access, or any place which members of the public have access as invitees
or licensees, in any park, playground, or recreation area, in a schoolhouse
or on school grounds owned by the City of Haverhill.
B.
The civil fine for a violation of this section shall be $100 for the first offense. The noncriminal disposition as provided in MGL c. 40, § 21D, and § 1-16B(1) of the Code of the City of Haverhill shall apply in all first instances, except when in a schoolhouse or on school grounds. Any person found violating this section in a schoolhouse or on school grounds, or for a second or subsequent offense, may be subject to a fine of $300 and criminal prosecution for any such violation.
C.
In the case of a first offense, if any person so notified to appear
before the clerk of a district court for a noncriminal disposition
fails to pay the fine provided hereunder within the time specified
or, having appeared, does not confess the offense before the clerk
or pay the sum of money fixed as a penalty after a hearing and finding
as provided in MGL c. 40, § 21D, the police officer who
issued the original citation shall determine whether to apply for
the issuance of a complaint for the violation of this section.
[Added 4-7-2020 by Doc. 56[1]]
A.
No group
of more than 10 people shall gather in or upon any public way or upon
any way to which the public has a right of access, or any place which
members of the public have access as invitees or licensees, in any
park, playground, or recreation area, or on school grounds owned by
the City of Haverhill. This prohibition does not prevent 10 or more
people from being present at any time on public land, provided they
are more than six feet in distance from each other at all times.
B.
Emergency
personnel, any personnel performing emergency services and/or employees
of the City of Haverhill in the course of their duties are exempt.
C.
Any group
of 10 or more people who shall be ordered to disperse by a police
officer and fail to do so immediately shall individually be in violation
of the above prohibition and shall be punishable by a fine of $50
for a first offense, $100 for a second offense, and $300 for a third
and subsequent offense.
[1]
Editor's Note: This ordinance also provided that it be effective
immediately for a period of 30 days or until such time as the March
19, 2020, State of Emergency is terminated by the Mayor and the Haverhill
Board of Health, which ever occurs last.
