[HISTORY: Adopted by the Annual Town Meeting
of the Town of Wakefield 6-1-1992 by Art. 37 as Ch. VI, Secs. 5, 13 and 15 of the 1992 Bylaws.
Amendments noted where applicable.]
No person shall throw stones, snowballs or other
dangerous missiles nor play within any of the public streets of this
Town.
No person shall engage in fighting or other
acts of a violent or hazardous nature or make threats of fighting
or other violent or hazardous acts in any public parks, common or
place to which the public has access nor behave in a loud or boisterous
manner so as to annoy any other person or persons in any public park,
common, place to which the public has access or near any dwelling
house or public building.
No person, except an officer of the law in the
performance of his duties, shall enter upon the premises of another
or upon any public property with the intention of peeping into the
windows of a house or other building or of spying in any manner upon
any persons therein.
[Added 4-5-2001 ATM by Art. 26]
No person shall collect, or cause others to
collect, trash, rubbish, garbage, offal or other offensive substances
(whether from dumpsters, barrels, or otherwise, and whether on the
public way, a private way or any lot) after 9:00 p.m. and before 6:00
a.m. in any residential district of the Town or within 100 yards of
such a district as shown on the then-current Zoning Map.[1]
[1]
Editor's Note: The Zoning Map is available
in the office of the Building Inspector.
[Added 11-1-2004 RTM by Art. 29]
A.
Definitions; applicability.
(1)
As used in this section, the terms "solicit" and "canvas"
shall mean and include any one or more of the following activities
conducted at residences without the previous consent of the owner:
(a)
Seeking to obtain the purchase, or orders for
the purchase, of goods, wares, merchandise, foodstuffs or services
of any kind, character or description whatever for any kind of consideration
whatever; or
(b)
Seeking to obtain subscriptions to books, magazines,
periodicals, newspapers and every other type or kind of publication.
(2)
The provisions of this section shall not apply to
officers or employees of the Town, county, state or federal government,
or any subdivision thereof when on official business, or to neighborhood
youth and students who solicit for the shoveling of snow or cutting
of lawns or similar services to residents, nor shall it be construed
to prevent route salespersons or other persons having established
customers to whom they make periodic deliveries from calling upon
such customers.
(3)
If any solicitor or canvasser is under the age of
18 years and is selling goods or periodicals for a commercial purpose,
the provisions of M.G.L. c. 101, § 34 shall apply.
(4)
The provisions of this section shall not apply to
any person soliciting solely for religious, charitable or political
purposes.
B.
Registration required. It shall be unlawful for any
person to solicit or canvas or engage in or conduct business as a
canvasser or solicitor without first having obtained a certificate
of registration from the Chief of Police as provided in this section.
C.
Application for certificate of registration.
(1)
Application for a certificate of registration shall
be made upon a form provided by the Police Department along with a
nonrefundable application fee of $25.
(2)
An authorized representative of the sponsoring organization
shall apply to the Chief of Police or his/her designee either in person
or by mail. All statements on the application or in connection therewith
shall he under oath. The applicant shall provide all information requested
on the application, including:
(a)
Name, address and telephone number of the sponsoring
organization, along with a listing of all officers and directors;
(b)
State and/or federal tax identification number
of the sponsoring organization;
(c)
Name, residential and business address, length
of residence at such residential address, telephone number, social
security number and date of birth of each representative of the sponsoring
organization who will be soliciting or canvassing in the Town;
(d)
Description sufficient for identification of
the subject matter of the soliciting or canvassing in which the organization
will engage;
(e)
Period of time for which the certificate is
applied (every certificate shall expire within one year of date of
issue);
(f)
The date of the most recent previous application
for a certificate under this section;
(g)
Any previous revocation of a certificate of
registration issued to the organization or to any officer, director
or representative of the organization by any city or Town and the
reasons therefor;
(h)
Any convictions for a felony, either state or
federal, within five years of the application, by the sponsoring organization,
any of its officers or directors, or any representative who will be
soliciting or canvassing in the Town;
(i)
Names of the three communities where the organization
has solicited or canvassed most recently;
(j)
Proposed dates, hours and method of operation
in the Town;
(k)
Signature of authorized representative of the
sponsoring organization.
(3)
A photograph or an acceptable photocopy of a photograph
of each representative of the sponsoring organization who will be
soliciting or canvassing in the Town shall be attached to the application.
(4)
No certificate of registration shall be issued to
any person, or to any organization having an officer or director,
who was convicted of commission of a felony, either state or federal,
within five years of the date of the application, nor to any organization
or person whose certificate of registration has previously been revoked
as provided below.
(5)
Fully completed applications for certificates shall
be acted upon within five business days of receipt. The Chief of Police
shall cause to be kept in his office accurate records of every application
received together with all other information and data pertinent thereto
and of all certificates of registration issued under this section
and of all denials.
(6)
Upon approval of an application, each solicitor or
canvasser shall be issued a certificate of registration to carry upon
his/her person at all times while soliciting or canvassing in the
Town and to display the certificate whenever asked by any police officer
or any person solicited.
D.
Revocation of certificate.
(1)
Any certificate of registration issued hereunder may
be revoked by the Chief of Police for good cause, including conviction
of the holder of the certificate of violation of any of the provisions
of this section or a false material statement in the application.
Immediately upon such revocation, the Chief of Police shall give written
notice to the holder of the certificate in person or by certified
mail addressed to his/her residence address set forth in the application.
(2)
Immediately upon the giving of such notice, the certificate
of registration shall become null and void. In any event, every certificate
of registration shall state its expiration date, which shall be no
later than one year from date of issue.
E.
Deceptive practices. No solicitor or canvasser registered
or exempt from registering may use any plan, scheme, or ruse which
misrepresents the true status or mission of any person conducting
the solicitation or canvas in order to gain admission to the home,
office or other establishment of any person in the Town.
F.
Duties of solicitors and canvassers.
(1)
It shall be the duty of every solicitor and canvasser
going onto any premises in the Town to first examine whether there
is a notice posted stating that no solicitors are welcome. If such
notice is present, then the solicitor or canvasser shall immediately
and peacefully depart from the premises.
(2)
Any solicitor or canvasser who has gained entrance
to any residence, whether invited or not, shall immediately and peacefully
depart from the premises when requested to do so by the occupant.
G.
Lawful hours to conduct solicitation or canvas. All
canvassing or soliciting under this section shall be confined to the
hours between 10:00 a.m. and 8:00 p.m. throughout the year.
[Added 11-7-2005 RTM by Art. 8]
A.
Purpose. The intent of this bylaw is to regulate the
hours during which construction and demolition activities may take
place within the Town and otherwise to limit the impact of such activities
on nearby residents and businesses.
B.
Definition. "Construction" shall mean and include
the construction, reconstruction, alteration, repair, demolition and/or
removal of any building, structure or substantial part thereof if
such work requires a building permit, razing permit, electrical permit,
plumbing permit, gas permit or mechanical permit. "Construction" shall
also include excavation that involves the use of blasting, jackhammers,
pile drivers, back hoes and/or other heavy equipment.
C.
Hours. No person shall perform any construction within
the Town except between the hours of 7:00 a.m. and 7:00 p.m. Monday
through Saturday, nor at any time on Sunday.
D.
Exemptions. The restrictions set forth in this bylaw
shall not apply to any work performed:
(1)
By the Wakefield Department of Public Works and/or
the Wakefield Municipal Gas & Light Department;
(2)
On or in connection with a detached, single-family
home or any structure accessory thereto (other than in the context
of the construction of a new subdivision);
(3)
By any person on or in connection with his own residential
property, with or without the aid of hired contractors, if such owner
occupies a unit in such property as his primary residence, and such
property contains not more than four units.
E.
Permits. The Director of the Wakefield Department
of Public Works or his designee (the "Director") may in his reasonable
discretion issue permits in response to written applications authorizing
applicants to perform construction during hours and/or on days forbidden
by this bylaw. Such permits may be issued upon a determination by
the Director that literal compliance with the terms of this bylaw
would create an unreasonable hardship and that the work proposed to
be done (with or without any proposed mitigative measures) will have
no adverse effects of the kind which this bylaw seeks to reduce. Each
such permit shall specify the person authorized to act, the dates
on which or within which the permit will be effective, the specific
hours and days when construction otherwise prohibited may take place,
and any conditions required by the Director to mitigate the effect
thereof on the community. The Director shall promulgate a form of
application and shall charge a fee of $25 for each permit. No permit
may cover a period of more than 30 days. Any person aggrieved by the
decision of the Director to issue or to refuse to issue a permit,
or by any conditions imposed by the Director upon a permit, may appeal
to the Town Council, who shall hold a reasonably prompt hearing thereon,
provided that any permit issued by the Director shall remain in full
force and effect unless and until revoked or altered by the Town Councilors.
[Amended 11-5-2018 RTM
by Art. 17]
F.
Unreasonable noise. Regardless of the hour or day
of the week, no construction shall be performed within the Town in
such a way as to create unreasonable noise. Noise shall be deemed
unreasonable if it interferes with the normal and usual activities
of residents and businesses in the affected area and could be reduced
or eliminated through reasonable mitigative measures.
G.
Copy of bylaw. The Building Department shall deliver
a copy of this bylaw to each person to whom it issues a building permit,
razing permit, electrical permit, plumbing permit, gas permit or mechanical
permit at the time that the said permit is issued, and shall obtain
from such person and maintain in the said Department's files a signed
receipt acknowledging such delivery.
H.
Enforcement. The Police Department shall enforce the
restrictions of this bylaw. Fines shall be assessed and collected
in the amount of $50 for a first violation, $100 for a second violation
and $300 for a third or any subsequent violation. Each day or portion
thereof that a violation continues shall constitute a separate offense.
Any alleged violation of this bylaw may, in the sole discretion of
the enforcing agent, be made the subject matter of noncriminal disposition
proceedings commenced by such agent under MGL c. 40, § 21D.
[Added 4-6-2009 ATM by Art. 7]
A.
Public
consumption forbidden. No person shall smoke, ingest or otherwise
use or consume marihuana or tetrahydrocannabinol (as the same are
defined in MGL c. 94C, § 1) while in or upon any street,
sidewalk, public way or other way to which the public has a right
of access, playground, beach, schoolhouse, school grounds, public
building, public parking lot, cemetery or any other area either under
the control of the Town or open to the public, or in or upon any bus
or other passenger conveyance operated by a common carrier.
B.
Enforcement.
The Police Department shall enforce this bylaw. The fine for violation
of this bylaw shall be three hundred dollars ($300) for each offense.
Any violation of this bylaw may, in the sole discretion of the enforcing
agent, be made the subject matter of noncriminal disposition proceedings
commenced by such agent under MGL c. 40, § 21D. Any fine
imposed hereunder shall be in addition to any civil penalty imposed
under MGL c. 94C, § 32L.
[Added 5-9-2011 ATM by Art. 22]
A.
Prohibition. No person in charge or control of any real property
in any part of the Town, whether as owner, tenant, occupant, lessee,
licensee or otherwise, shall allow any abandoned, dismantled, inoperative,
wrecked, junked and/or unregistered motor vehicle to remain on such
property longer than 10 calendar days, unless said vehicle is stored
or parked on premises licensed by the Town Council to sell or lease
motor vehicles pursuant to Chapter 140 of the General Laws, or such
premises are authorized by special permit pursuant to the Zoning Bylaws[1] for the operation of an auto repair garage, or the presence
of such vehicle on such premises is otherwise authorized pursuant
to this section. The presence of such a vehicle on private property
except in those circumstances is hereby declared a public nuisance
which may be abated as such in accordance with the provisions of this
section. This section shall not apply to any vehicle which is wholly
enclosed within a building.
[Amended 11-5-2018 RTM
by Art. 17]
B.
Notice of existence of violation and order to remove. Whenever it comes to the attention of the Building Inspector or his designee that any motor vehicle has been allowed to remain in violation of the provisions of Subsection A, above, a notice in writing shall be sent by certified mail to the owner of the land where such vehicle exists and ordering its removal in the time specified in this section.
C.
Contents of notice. The written notice to the owner of the property
where the vehicle is located shall contain the demand for removal
specified in this section and shall contain a description of the make,
if ascertainable, as well as the color of the abandoned, wrecked,
dismantled, inoperative, rusted, junked and/or unregistered vehicle.
D.
Period for removal of vehicle from property. Upon receipt of written
notice, the owner of the property where the vehicle is located shall
be required to remove or provide for the removal of the abandoned,
wrecked, dismantled, inoperative, rusted, junked and/or unregistered
vehicle during a period not to exceed 10 calendar days. Such removal
shall be in accordance with the law, and said vehicle shall not be
placed in a way in violation of MGL c. 90, § 22B.
E.
Failure to remove. If the violation described in the said notice
has not been remedied by the owner of the property within the said
period of 10 calendar days, the Building Inspector, or his designee,
shall notify the Chief of Police, or his designee, and shall request
police assistance in removing the vehicle from the property. The Town
is authorized to pay any private entity which performs said towing
services at the direction of the Chief of Police, or his designee.
Such removal shall be conducted in a manner similar to that used in
removing vehicles from a way, MGL c. 90, § 22C. It shall
be unlawful for any person to interfere with, hinder or refuse to
allow such person or persons to enter upon private property for the
purpose of such removal.
F.
Fine; costs for removal. If, after the said ten-day period, the vehicle
has not been removed or caused to be removed by the owner of the property
where the vehicle is located and the removal is instead carried out
by the Chief of Police, or his designee, the owner of the real property
from which such vehicle is removed shall be subject to a fine of $150
for each vehicle removed. Additionally, such owner shall be liable
for all costs of removal and any costs incurred in the gathering and
removal of any dismantled parts of such vehicle. The Building Inspector,
or his designee, shall submit the bill incurred for such removal to
the owner of the land, in writing, and sent to the owner of the land
at his last and usual known address. In the discretion of the Building
Inspector, the fine called for by this subsection may be collected
through noncriminal disposition proceedings commenced under MGL c.
40, § 21D.
G.
Attachment of lien. When it comes to the attention of the Building
Inspector, or his designee, that the owner of the land where the vehicle
was located has refused to pay the costs of the removal for such vehicle
within a period of 10 days, the Building Inspector, or his designee,
may take any available legal means to secure a lien against the property
where said violations occurred, including an attachment granted by
a court of competent jurisdiction.
H.
Disposal of vehicles. Whenever a private entity authorized to remove
such vehicles does remove the same at the direction of the Chief of
Police, or his designee, the entity shall dispose of such vehicle
in accordance with MGL c. 135, §§ 7 through 11, MGL
c. 90, § 22C.
I.
Emergency action. Notwithstanding the procedures described in the
previous subsections of this section, if an abandoned, dismantled,
inoperative, wrecked, junked and/or unregistered vehicle constitutes
an immediate danger or imminent public safety hazard such that any
delay caused by prior notice would jeopardize the public health and
safety, the Police Chief, or his designee, may tow the vehicle or
take such other steps as he may determine to be necessary in order
to eliminate the immediate threat, without prior notice to the owner.
The Chief of Police, or his designee, shall, before taking such emergency
measures, give such notice to the owner as is feasible and consistent
with public safety. If the public safety requires action before such
notice is reasonably practicable, the Chief of Police, or his designee,
shall provide notice after he has eliminated the threat, advising
the owner of the steps taken and the reasons therefor. The costs of
such removal shall be the responsibility of the owner of the land
where the vehicle is located. The Chief of Police, or his designee,
shall submit the bill incurred for such removal to the owner of the
land, in writing, sent to the owner of the land at his last and usual
known address. When it comes to the attention of the Chief of Police,
or his designee, that the owner of the land where the vehicle was
located has refused to pay the costs of the removal for such vehicle
within a period of 10 days, the Chief of Police, or his designee,
may take any available legal means to secure a lien against the property
where said violations occurred, including an attachment granted by
a court of competent jurisdiction.
J.
Appeal to Town Councilors. Any person who receives a notice of violation as described in Subsections B and C, above, may, within 10 calendar days of receipt thereof, file a written appeal with the Town Council, specifying all respects in which such person contends the notice to be incorrect or defective, and/or requesting additional time to comply with the Building Inspector's order. Such order shall be stayed pending action by the Town Councilors. The Town Councilors shall conduct a public hearing on the appeal at their earliest convenience. On the basis of evidence presented at the hearing, the Town Councilors may affirm the Building Inspector's order, vacate it if they find it to be based on an incorrect view of the facts or incorrect application of this section, or grant the appellant up to 180 calendar days to comply with the order, if such additional time is found to be warranted. Decisions of the Town Council shall be reviewable in an action in the nature of mandamus.
[Amended 11-5-2018 RTM
by Art. 17]
K.
Exceptions.
(1)
Except in an emergency under Subsection I, above, the Building Inspector shall not issue an order to remove any vehicle from real property under this section if such vehicle and real property are owned by a person who is then on active duty in any branch of the Armed Services of the United States.
(2)
Notwithstanding any other provision hereof except Subsection I, above, it shall not be a violation of this section to maintain one fully restored and operative antique motor vehicle on a lot even if it is unregistered. For purposes of this subsection, a motor vehicle is an "antique" if it is at least 25 years old and is maintained primarily for use in exhibitions, club activities, parades and other functions of public interest, and is not used primarily for transportation of passengers or goods over any way.
(3)
Notwithstanding any other provision hereof except Subsection I, above, it shall not be a violation of this section to maintain:
(a)
One or more fully operative but unregistered motor vehicles
on a lot if such vehicles are actually used in connection with a business
lawfully conducted on such lot;
(b)
One or more inoperative and unregistered motor vehicles on a
lot if such vehicles are being repaired on the lot and such repair
can be lawfully conducted on such lot; and/or
(c)
One or more inoperative and unregistered motor vehicles on a
lot to provide spare parts for one or more other, operative motor
vehicles lawfully present on the lot, provided that all references
in this sentence to lawful activity shall mean, without limitation,
activity that is permitted under the applicable Zoning Bylaws of the
Town.
[Added 5-1-2017 ATM by
Art. 26]
The operation of any marijuana establishment, as defined in
MGL c. 94G, § 1, including, without limitation, a marijuana
cultivator, marijuana testing facility, marijuana product manufacturer,
marijuana retailer or any other type of licensed marijuana-related
business, within the Town is prohibited. This prohibition shall not
apply to the sale, distribution or cultivation of marijuana for medical
purposes licensed under Chapter 369 of the Acts of 2012.
[Added 11-6-2017 RTM
by Art. 4; amended 11-7-2020RTM by Art. No. 8]
A.
Purpose and intent. The purpose of this bylaw is to limit the amount
of greenhouse gas emissions, preserve the oceans, protect wildlife,
and reduce the amount of trash that ends up on the streets and in
landfills by using recyclable, reusable, or compostable bags, cutlery,
stirrers and straws instead of plastic checkout bags, cutlery, stirrers,
restaurant take-out bags and drinking straws.
B.
CHECKOUT BAG
COMPOSTABLE
FOOD ESTABLISHMENT
GROCERY STORE
RESTAURANT TAKE-OUT BAG
RETAIL STORE
REUSABLE CHECKOUT BAG
REUSABLE FOOD SERVICE WARE
Definitions.
A carryout bag provided by a retail store or food establishment
to a customer at the point of sale. Checkout bags shall not include
bags, whether plastic or not, in which loose produce or products are
placed by the consumer to deliver such items to the point of sale
or checkout area of the store.
A product made of bioplastic materials certified to meet
the ASTM International (ASTM) Standards D6400 or D6868, as those standards
may be amended. ASTM D6400 is the specification for plastics designed
for compostability in municipal or industrial aerobic composting facilities.
D6868 is the specification for aerobic compostability of plastics
used as coatings on a compostable substrate. Compostable materials
shall also include products that conform to ASTM or other third-party
standards (such as Vincotte) for home composting. Any compostable
products must be clearly labeled with the applicable standard.
A business or governmental establishment that stores, prepares,
packages, serves, sells, or otherwise provides food for human consumption,
including but not limited to any establishment requiring a permit
to operate in accordance with the state food code, not including nursing
homes or nursing care or assisted living facilities or doctors or
nurses or emergency medical technicians providing straws to patients.
A retail establishment where more than 50% of the gross floor
area is devoted to the sale of food products for home preparations
and consumption, which typically also offers home care and personal
care products.
A carryout bag provided by a common victualler to a customer
for the purpose of transporting take-out or left-over food.
An establishment that offers the sale and display of merchandise
within a building.
A bag that is specifically designed for multiple reuse that:
Reusable food service ware includes tableware, cutlery, food
or beverage containers, stirrers, straws, packages or trays, such
as, but not limited to, soft drink bottles and milk containers that
can be cleaned or disinfected and reused at least 125 times or returned
to the distributor.
C.
Use regulations.
(1)
Food establishments within the Town shall not offer single-use plastic
drinking straws, stirrers or cutlery to customers but may furnish
them if specifically requested by a customer.
(2)
Food establishments are encouraged to offer compostable or reusable
food service wares.
(3)
Plastic bags, other than compostable bags, shall not be distributed,
used, or sold for checkout or other purposes at any retail or grocery
store within the Town of Wakefield, nor used as restaurant take-out
bags by food establishments within the Town.
(4)
Customers are encouraged to bring their own reusable or biodegradable
shopping bags to stores. Retail or grocery stores are strongly encouraged
to make reusable, non-plastic checkout bags available for sale to
customers at a reasonable price.
(5)
Plastic bags used to contain dry cleaning, newspapers, produce, meat,
bulk foods, wet items, and other similar merchandise, typically without
handles, are permissible.
D.
Enforcement process. Enforcement of this bylaw shall be the responsibility of the Town Administrator or his/her designee. The Town Administrator shall determine the inspection process to be followed, incorporating the process into other Town duties as appropriate. Any violation of this bylaw shall be subject to a noncriminal disposition fine, in accordance with § 1-7 of these bylaws. Any fines shall be paid to the Town of Wakefield.
E.
Violations shall be punished by a warning or a fine as follows: i.
first offense, warning; ii. second offense, a fine of $100; iii. third
offense, a fine of $200; and iv. fourth or subsequent offense, $300.
Each day a violation continues shall constitute a separate offense.
In the event that compliance with the effective date is not feasible
for a food establishment because of either unavailability of alternative
food service containers, economic hardship or an official public health
mandate, the Town Administrator may, upon application of the owner
or the owner's representative, grant a waiver to be reviewed
after six months.
