[Adopted as Art. 9 of the 1990 Bylaws; amended in its entirety
at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A.
Litter
and refuse. Whoever shall, without a license from the Board of Health,
throw into or leave in or upon any street, court, square, lane, alley,
public square, public closure, private property, pond or body of water,
or vacant lot where it would be offensive or injurious to public health,
within the limits of the City, any dead animal, dirt, sawdust, soot,
ashes, cinders, shavings, hair, shreds, manure, oyster, clam or lobster
shells, wastewater, rubbish, or filth or debris of any kind, or any
refuse, animal or vegetable matter whatsoever, shall be punished by
a fine of $200. Every day the violation continues shall constitute
a separate and new offense.
B.
Negligent
disposal of garbage and refuse.
(1)
Statement
of policy. The citizens of the Town of Amesbury desire a clean and
healthy environment, free of debris, waste and garbage on their streets
and property. As such, the citizens must impose the responsibility
for waste disposal on the individuals that generate it in order to
ensure that these individuals will act to correctly dispose of such
waste, debris and materials.
(2)
Penalty.
Any person who negligently disposes of trash, bottles, cans, refuse,
rubbish, garbage, debris, scrap waste or any other material of any
kind (hereinafter "litter"), such that it is deposited on a public
way, or a way to which the public has a right of access as licensees
or invitees, on public property, or within 20 yards of such way or
property, shall be punished by a fine of $300. Each offense shall
constitute a separate and new violation. A person may be fined even
where he/she did not directly deposit, place, throw, discharge or
cause to be thrown, deposited, or discharged such litter but is responsible
for such litter being so disposed by the fact that such person negligently
failed to provide for its proper disposal. Evidence of the responsible
party shall be presumptively established where such litter contains
the name and address of the person or serial numbers on materials
so disposed, such as mail or other items.
C.
Littering
with potentially dangerous objects. No person shall throw or cause
to be thrown or place upon a public sidewalk, street or highway of
the City any nails, spikes, screws, tin cans, or other similar debris.
Violations shall be punished by a fine of $200.
A.
Garbage
rummaging. It shall be unlawful for an individual, excepting a law
enforcement official during the course of police duties, to pick through
the garbage of any resident after such time as the resident shall
have deposited the material in a can or other container on or near
a public way for pickup. Any person violating this subsection shall
be subject to a fine of $100 per incident.
B.
Scavenging
recyclables.
(1)
Definition.
"Recyclables" means materials in the waste stream that can be remanufactured
into useful products, including but not limited to aluminum beverage
containers, steel and bimetal cans, newspapers, magazines, corrugated
paper or other container board, office paper, plastic and glass containers.
(2)
Ownership
of recyclables and scavenging prohibition.
(a)
Residential recyclables, upon placement at the curb, shall become
the property of the Town of Amesbury on those routes regularly serviced
by the City or its authorized contractors.
(b)
It shall be unlawful for any person, unless under contract with or
licensed by the City, to collect or remove any recyclables that have
been deposited or placed at the curb for recycling.
A.
Distributing
handbills. No person shall distribute or cause to be distributed any
handbill, circular, program or advertising slip on any sidewalk or
public way in the Town of Amesbury or place the same inside any vehicle
on a public way. Handbills, circulars, programs, and advertising slips
may be placed within the doors of stores, offices, businesses, and
houses, upon motor vehicles, and at the doors of residences. Whoever
violates this subsection shall be punished by a fine of $100.
B.
Posting
signs. No person shall establish or maintain over any sidewalk, street
or highway any sign, signboard, or advertising device without a permit,
and no person shall affix a sign or device to any tree, tree guard,
post, board or other object within the limits of such sidewalk, street
or highway without obtaining a permit, and such permit may be revoked
at any time. Any person who violates this subsection shall be punished
by a fine of $100.
No person, except the specific property owner or his authorized
agent, shall remove from private property or maliciously destroy a
political sign. Any person violating this section shall be subject
to a fine of $200 for each act of malicious destruction or prohibited
removal constituting a separate and new breach.
No person shall coast or slide down hills upon
any sled, board, or other vehicle on any street, sidewalk or public
way of the City, except upon streets or portions thereof designated
for the purpose. Whoever violates this section shall be punished by
a fine of $100.
No person shall throw stones, snowballs, or
other dangerous objects or play baseball, football, or any other athletic
games upon any public way in the City. Whoever violates this section
shall be subject to a fine of $100.
A.
BLOCK
SIDEWALK
Definitions.
The terms used in this section shall have the following meanings unless
the context clearly indicates that a different meaning is intended:
To interfere with unobstructed travel by any means, including
but not limited to standing on the part of the sidewalk that is fit
for travel or placing an object or vehicle on such walk.
Any sidewalk owned or maintained by the Town of Amesbury.
The term shall not include private property such as shopping centers,
apartment complexes, office building sites, or any other private property.
B.
Blocking
sidewalks prohibited. No person shall block any sidewalk by obstructing
the same so that it is impossible for a pedestrian to travel along
the sidewalk without leaving the sidewalk and walking on adjacent
property or on the street. Any person who does so shall be subject
to a fine of $100.
C.
Free speech.
This section shall not be interpreted as prohibiting any person from
stopping on any sidewalk to talk or to make a speech, provided that
such person shall not stand in such a location that it is impossible
for any pedestrian to travel along the sidewalk without leaving the
sidewalk and walking on adjacent property or on the street. If two
or more persons are engaged in talking while stopped on a sidewalk,
they shall not stand in such locations as to completely prevent any
pedestrian from passing them on the sidewalk.
No person shall fire or discharge any gun, fowling
piece, pistol, or fireworks within any street, public way, or place
to which the public has a right of access as invitees or licensees.
This section does not apply to any firing at any military exercise
or review or any firing permitted by the Municipal Council. Any person
who discharges any of the above-described weapons without the express
approval of the Municipal Council shall be punished by a fine of $200.
No person shall bathe or swim in any public
or exposed place in City without wearing proper covering for the body.
Violations shall be subject to a fine of $200.
No person shall use indecent or profane language
to the annoyance of any person upon any way or place to which the
public has the right of access or upon any way or in any place to
which members of the public have access as invitees or licensees.
Nothing herein shall be interpreted to impair a person's right to
free speech. Whoever violates this section shall be punished by a
fine of $100. Each incident of indecent or profane language may constitute
a violation of this section and therefore be subject to a fine of
$100.
A.
No person shall go from house to house within the
City for soliciting the sale of any commercial article or product,
soliciting contracts or orders to purchase any commercial article
or product or the primary purpose of soliciting funds or contributions,
whether such solicitations are for payment by cash, check or credit
or made on behalf of such person or any other person, business, cause
or organization, unless such person shall first register with the
Chief of Police or his designee.
B.
Such person shall register in person with the Chief
of Police or his designee by providing the following: his or her name,
residential address, date of birth, social security number, driver's
license number and vehicle registrations on all vehicles being used,
a picture identification issued by a governmental agency or authority
and, if such person is acting on behalf of a business, cause or organization,
the street address of the principal place of business or principal
business thereof, the name of a principal officer of such business,
cause or organization and a daytime phone number therefor.
C.
Upon providing such information, the Chief of Police
shall register such person unless the Chief of Police determines that
there is probable cause to believe that such person poses a threat
to the safety and/or welfare of persons or property within the City.
The Chief of Police may limit the hours within which the permitted
solicitations may occur.
D.
Any person who neglects or refuses to register pursuant
to this section or makes a false or fraudulent representation on his
registration or violates any other provision of this section shall
be subject to a fine of $300 for each day of said violation.
No person shall enter upon the premises of another
for the purpose of looking, peering or peeping into or loitering around
or within view of a window of the residence of another with the intent
of invading one's privacy or spying upon any person or persons residing
therein. This section shall not be construed to abridge or in any
way limit the right of a police officer to enter upon private property
to perform any act necessary in the performance of his official duties.
Violations of this section shall be punished with a fine of $200 for
each and every offense.
It shall be unlawful for any person to stand on a public way
for the purpose of soliciting a ride from the operator of any motor
vehicle. Whoever violates any provision of this section, unless otherwise
provided by law or ordinance, shall be punished by a fine of $100
for each offense.
Whoever upon any way in the Town of Amesbury
willfully operates a vehicle past a traffic light when the light shows
a red signal against traffic shall be punished by a fine of $100.
