City of Haverhill, MA
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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.]
GENERAL REFERENCES
Consumption of alcoholic beverages in public — See Ch. 100, Art. I.
Firearms — See Ch. 145.
Loitering — See Ch. 175.
Noise — See Ch. 182.
Curfew — See Ch. 193, Art. II.
Renting to minors — See Ch. 202.
Recreational vehicles and racing — See Ch. 241.

§ 189-1 Permit required for speeches and advertising boards.

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.

§ 189-2 Defacing public property.

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.

§ 189-3 Disorderly conduct; profane and insulting language.

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.

§ 189-4 Gaming.

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.

§ 189-5 Grass plots of City.

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.

§ 189-6 Peeping and spying.

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.

§ 189-7 Spitting.

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.

§ 189-8 Swimming.

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.

§ 189-9 Breaking and injuring trees and flowers prohibited.

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.

§ 189-10 Obscene materials; violations and penalties.

[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.

§ 189-11 Wearing of masks or hoods.

[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.

§ 189-12 Sexual conduct for a fee; violations and penalties.

[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]
[1]
Editor's Note: Original § 189-15, Noise emission standards for transportation equipment; rail carriers, added 7-25-2000 by Doc. 90, which immediately followed this section, was repealed 8-8-2006 by Doc. 155. See now Ch. 182, Noise.

§ 189-13 Sale of synthetic cannabinoids prohibited.

[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.

§ 189-14 Public use and consumption of marijuana restricted.

[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.