[Adopted 6-1-1999 by Ord. No. 216-99]
As used in this article, the following terms
shall have the following meanings indicated:
Any other product sold or used for amusement in an aerosol
can or other container which ejects, emits or expels any paint, shaving
cream, foam, noxious or flammable material or a similar product or
article having an equivalent effect.
Affecting or likely to affect persons in a place in which
the public or a substantial group has access. Among the places included
are highways, transport facilities, schools, prisons, apartment houses,
places of business or amusement or any neighborhood, any public highway
or way of public passage.
A certain amusement product sold or used for amusement that
ejects a soft rubbery substance from a container that, after being
expelled, generally resembles a string, or string-like material or
a similar article or product having an equivalent effect.
A certain amusement product sold or used for amusement in
any container holding any material which, when exposed to air, or
ignited by any action or device, produces any quantity of visibly
detectable smoke-like emission or makes loud noises or causes an audible
explosion or a similar article or product having an equivalent effect.
No person, corporation or entity shall use or
possess in any public place, or offer, or display for sale, or sell
amusement products defined herein as silly string, smoke bag, instant
smoke or other aerosol can amusement products within the City of Fitchburg
during the following times at the following places:
A.
At, within or upon any public place or place to which
the public has access, including parks, playgrounds, public buildings,
places of business or amusement, public streets, public and/or private
sidewalks, accessways, highways or ways of public passage, parking
lots, malls or shopping centers to which the public has access as
invitees or licensees.
B.
During the 24 hours preceding and during the entire
operation and duration of any parade and civic days events.
No section of this article shall apply to prohibited
amusement products which are in transit or storage in interstate commerce.
Any police officer, or other public servant
engaged in executing or enforcing the law, may take any and all actions
reasonable and necessary to enforce this article, including, but not
limited to, inspecting any vendors or public premises to verify compliance.
In addition to all other remedies and penalties
provided by this article, the City of Fitchburg may bring suit in
a court of competent jurisdiction to seek injunctive or other appropriate
relief to halt any violation of this article. Such action may include
seeking a temporary restraining order or preliminary injunction and
other appropriate relief. Nothing in this article shall be deemed
to restrict a suit for damages on behalf of the City of Fitchburg
or on behalf of any other person or entity.
Any person, corporation or entity found guilty
of violating any provision of this article shall be punished by a
fine of $300 for each such offense.
In the absence of specific language to the contrary,
each section, each provision or requirement of a section of this article
shall be considered separable, and the invalidity of any portion of
this article shall not affect the enforceability of any other portion.
It is the intent of the City of Fitchburg, acting
by and through its legislative and executive branches, to prohibit
certain behaviors and conduct as set forth in this article consistent
with the Constitution of the United States of America and the Commonwealth
of Massachusetts and the statutory provisions of the Commonwealth
of Massachusetts. Any ambiguity or doubt in interpreting or construing
any section, word or provision of this article shall be resolved in
a manner so as to further the expressed intent of the article.
