[Adopted 1-10-1975 as §§ 1 through 14 and
16 of the 1975 Bylaws of the Town of Franklin; amended in its entirety 8-6-2008 by Bylaw Amendment
08-626]
No person or persons shall intentionally or
deliberately stand, either individually or as a group, on any sidewalk
or in any public place so as to block or obstruct the free passage
of pedestrians.
No person shall play ball, or throw a snowball,
rock or other object on or across any public street or sidewalk.
A.
No person shall skateboard in or upon any public street
or sidewalk or any public property adjacent thereto within the Central
Business District which, for purposes of this bylaw, is defined as:
|
East Central Street, from Ruggles Street to
Main Street
Main Street to School Street
Emmons Street, from Main Street to West Central
Street
West Central Street, from Union Street to East
Central Street
|
B.
Any person who violates the provisions of this section
shall be subject to a fine as follows: $25 for the first offense,
$50 for the second offense, $100 for the third offense and $100 for
each subsequent offense.
No person shall allow any commercial vehicle
or trailer to remain or stand in any one position in the streets of
the Town for more than 20 minutes unless the operator is actively
engaged in loading or unloading or is actually performing work on
abutting property. No person shall park any vehicle upon a sidewalk
or any portion thereof. No person shall place any object in or upon
any public street or sidewalk so as to obstruct travel thereon or
to create a risk to public health or safety.
No person shall use any motorized vehicle upon
any public sidewalk; this prohibition shall not apply to a person
who, as a result of a handicap or disability, requires the use of
a motorized wheelchair or similar equipment.
The Administrator or officer having the powers
of Road Commissioner may at any time close any street or way within
said Town if, in the opinion of said Administrator or officer, public
necessity, convenience or safety so requires.
No person shall hold or participate in a parade,
performance, or assembly in or upon any public street, sidewalk, building
or place unless a permit therefor has first been obtained from the
Town Administrator; the Town Administrator shall promulgate a written
policy and procedure for the permitting of public parades, performances
and assemblies.
A.
The following commercial uses and activities are determined
to generate or involve excessive and/or unreasonable noise and are
prohibited:
(1)
Operation of earthmoving or other heavy vehicles or
equipment between the hours of 9:00 p.m. and 7:00 a.m.
(2)
Start up or idling of any diesel-engine-equipped vehicle
having a gross vehicle weight in excess of 15,000 pounds, or equipment
between the hours of 9:00 p.m. and 7:00 a.m.
(3)
Construction, demolition or alteration of any building
or structure, including excavation and other site work, between the
hours of 9:00 p.m. and 7:00 a.m.
(4)
Operation of any wood/brush chipper, pneumatic-powered
equipment or tool, hammer, chainsaw, commercial power mower, trimmer,
blower or other construction, forestry or landscape equipment between
the hours of 9:00 p.m. and 7:00 a.m.
B.
The Police Department, the Building Commissioner or
designee shall each have authority to enforce the provisions of this
section.
C.
Anyone who violates the provisions of this section
shall be subject to a fine of $25 for the first offense, $50 for the
second offense, $100 for the third offense and $100 for each subsequent
offense.
D.
The Building Commissioner or his designee may grant
a waiver from the foregoing prohibitions upon prior application, if
he determines that good construction practice requires that the proposed
work be performed during the prohibited time period.
E.
Exceptions. This bylaw shall not apply to individual
property owners personally performing regular maintenance on their
residential property.
A.
No person shall throw or deposit waste paper, garbage,
rubbish, filth or other litter or refuse onto any public street or
sidewalk or abutting private property or in any public building or
place except in a designated waste receptacle.
B.
No person shall drive or move any truck or other vehicle
within the Town unless such vehicle is so constructed or loaded as
to prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public or private place, and all such
vehicles, when so required, shall be duly licensed according to the
provisions of the general laws of the Commonwealth and the rules,
regulations, and bylaws of the Town.
C.
No person shall throw or deposit litter in any park,
playground, athletic field, beach or other recreational facility within
the Town except in public receptacles and in such a manner that the
litter will be prevented from being carried or deposited by the elements
upon any part of the facility or upon any street or other public place.
Where public receptacles are not provided, all such litter shall be
carried away from the facility by the person responsible for its presence
and properly disposed of elsewhere.
D.
The prohibitions contained in this section shall apply
to all forms of advertising and informational literature, provided
that it shall not be unlawful for any person to hand out or distribute
such material directly to any person willing to accept it, and provided
further that no person shall place such material in or upon any vehicle
except by handing or distributing it to any occupant willing to accept
it.
E.
The Police Department, the Building Commissioner or
designee, the Department of Public Works Director or designee, the
Highway Superintendent or designee, the Facilities Director or designee,
and the Recreation Director or designee shall each have authority
to enforce the provisions of this section.
F.
Anyone who violates the provisions of this section
shall be subject to a fine of $50 for each offense.
No person shall allow any domestic animals or
fowl to run at large within the streets, sidewalks or public ways
of the Town.
No person shall own or keep in the Town any
dog, cat or other household pet which by biting, barking, howling,
scratching, crying, or any other manner, disturbs the peace and quiet
of any neighborhood or other person, destroys property of another
person, or by biting, clawing or scratching endangers the safety of
any person.
No person, except a police officer or a Town
Inspector in the performance of his duties, shall surreptitiously
look into any window of another person's residence or enter upon another
person's residential property with the intention of doing so.
No person shall intentionally or willfully expose
his naked person to the view of any other person in a public way,
building or place or so as to be seen therefrom; no person shall defecate,
urinate, spit, or otherwise intentionally expel bodily waste or fluid
in or upon any public street, sidewalk, building or place.
A.
ALARM SYSTEM
ALARM USER
FALSE ALARM
Definitions. For the purpose of this § 125-14, the following words and phrases shall have the following meanings:
Any assembly of equipment and/or devices that is designed
to be activated either manually or automatically for the purpose of
drawing attention to the presence of a hazard or situation, criminal
or otherwise, to which the police are expected to respond.
Any person or business on whose premises an alarm system
is installed and maintained within the Town of Franklin, except for
alarm systems that are installed in or on motor vehicles.
The activation of an alarm system through mechanical failure,
malfunction, improper installation or negligence of the user of the
alarm system or his/her employees or agents; and any signal or communication
transmitted to the Police Department requesting, requiring or resulting
in a response from the Police Department when, in fact, there has
been no unauthorized entry or intrusion into the premises and there
has been no attempted robbery or burglary at the premises. Excluded
from this definition shall be the activation of an alarm system by
power outages, utility companies or other outside sources, hurricanes,
severe storms and similar conditions.
B.
C.
Audible alarm. All alarm systems that emit an audible
signal shall be equipped with a device for limiting the length of
the audible signal to 10 minutes. Any user of an alarm system that
either does not have such a device or has a malfunction that allows
the audible signal to continue for more than 10 minutes shall be assessed
a fee of $50. Failure to pay such fee within the prescribed time will
result in either court action for violation of a Town bylaw or the
placement of a municipal charges lien on the real property pursuant
to MGL c. 40, § 58, in the Norfolk County Registry of Deeds
until the fee is paid.
The Town Administrator or his designee and the
Franklin Police Department shall each have authority to enforce the
provisions of the preceding sections, in addition to any public official(s)
designated in a specific section. Anyone who violates the provisions
of any section for which a fine is not specifically provided shall
be subject to a fine as follows: first offense, $50; second offense,
$100; third and subsequent offenses, $300.
