[Added 5-7-2001 ATM, Art. 12]
Whoever knowingly violates or knowingly causes or permits the violation of any regulation adopted and prescribed for the transportation of gunpowder and other explosives or explosives or inflammable fluids or compounds shall be punished in accord with the noncriminal dispensation method of enforcement contained in Chapter 1 of these Bylaws.
A.
Except as hereinafter provided, no person shall shut off, disconnect,
obstruct, remove or destroy, or cause or permit to be shut off, disconnected,
obstructed, removed or destroyed, any part of any sprinkler system,
water main, hydrant or other device used for fire protection in any
building owned, leased or occupied by such person or under his control
or supervision, without first procuring a written permit so to do
from the Chief of the Fire Department or his designee of the Town,
which permit the Chief is hereby authorized to issue subject to such
terms and conditions as, in his judgment, protection against fire
and the preservation of the public safety may require. This section
shall not prevent the temporary shutting off or disconnection or partial
removal of such a system, main, hydrant or other device for the purpose
of making necessary repairs or preventing freezing or other property
damage; provided, however, that the Chief of the Fire Department is
notified immediately of such emergency action. The Chief of the Fire
Department shall also be notified when the system, main, hydrant or
other device is placed back in service.
No person other than an employee of the Town in the service of an independent contractor acting for the commonwealth or the Town shall pile, push or plow snow or ice on or against any fire hydrant or other similar device used for fire protection which is located in any public or private way so as to conceal such hydrant or device or cover any outlet thereof. Whoever violates this section shall be punished in accord with the noncriminal dispensation method of enforcement contained in Chapter 1 of these Bylaws.
A.
No person shall sell, or keep or offer for sale, or have in his possession,
or under his control, or use, or explode, or cause to explode, any
combustible or explosive composition or substance, or any combination
of such compositions or substances, or any other article, which was
prepared for the purpose of producing a visible or audible effect
by combustion, explosion, deflagration, or detonation.
B.
For the purposes of this section the word "fireworks" shall include
compositions, substances or other articles and shall also include
blank cartridges or toy cannons in which explosives are used, the
type of toy balloon which requires fire underneath to propel the same,
firecrackers, cherry bombs, silver salutes, M-80s, torpedoes, skyrockets,
Roman candles, sparklers, rockets, wheels, colored fires, fountains,
mines, serpents, or other fireworks of like construction or any fireworks
containing any explosive or flammable compound, or any tablets or
other device containing any explosive substance.
C.
Whoever shall sell or keep for sale or offer for sale any fireworks in violation of this section shall be punished in accord with the noncriminal dispensation method of enforcement contained in Chapter 1 of these Bylaws.
D.
Whoever shall have in his possession or under his control, or whoever shall use or explode or cause to explode any fireworks in violation of this section shall be punished in accord with the noncriminal dispensation method of enforcement contained in Chapter 1 of these Bylaws.
E.
The term "fireworks" as used herein shall not include toy pistols,
toy canes, toy guns or other devices in which paper caps or plastic
caps containing 0.25 grains or less of explosive compound are used,
if they are so constructed that the hand cannot come in contact with
the cap when in place for the explosion, or toy pistol paper caps
or plastic caps which contain less than 0.20 grains of explosive mixture,
the sale and use of which shall be permitted at all times; and provided,
further, that this section shall not apply:
(1)
To the sale of any fireworks to be shipped directly out of the commonwealth;
or
(3)
To the sale of flares, lanterns or fireworks for the use of, and
their use by, railroads, railways, boats, motor vehicles other transportation
agencies, or other activity, lawfully permitted or required to use
any or all of such articles for signal purposes, illumination or otherwise;
or
(4)
To the sale or use of blank cartridges for a duly licensed show or
theater or for signal or ceremonial purposes in athletics or sports,
or to the sale of special blank cartridges and their use in the proper
operation of industrial tools and equipment only; or
(5)
To experiment at a factory for explosives; or
(6)
To the sale of blank cartridges for the use of, or their use by,
the militia or any organization of war veterans or other organizations
authorized by law to parade in public, a color guard armed with firearms;
or
(7)
In teaching the use of firearms by experts; or
(8)
To the sale of shells for firearms, cartridges, gunpowder, and for
the purpose of using, and their use, or in connection with the hunting
of game or in target practice with firearms; or
(9)
To farmers and fruit growers who, having obtained a permit under
MGL c. 48, § 13, use firecrackers for the control of damage
to their crops by birds.
No person shall store fireworks in quantities except such as
may be permitted by the rules and regulations of the Massachusetts
Board of Fire Prevention outside the premises of a fireworks manufactory
in any building or other structure located within 1,000 feet of any
church, theater, hall, place of assembly, factory or any inhabited
building, nor shall any person manufacture fireworks, unless he has
previously filed with the Clerk of the Town a bond running to the
treasurer of the Town with a surety or sureties approved by the said
Treasurer in such penal sum, not less than $10,000, as the Selectmen
of the Town, with the approval of the Fire Chief, shall determine
to be necessary to cover the losses, damages or injuries that might
ensue from the said manufacture or storage. The bond shall be conditioned
upon the payment of any judgment obtained in an action against said
person so manufacturing or storing fireworks for or on account of
any loss, damage or injury resulting to persons or property by reason
of the said manufacture or wholesale storage. Such person shall pay
to the said Clerk the fee provided by MGL c. 262, § 34,
Clause (16).
Whoever drops or throws from any vehicle while the same is upon a public or private way running along or near forest land or open fields, or, except as permitted by law, drops, throws, deposits or otherwise places in or upon forest land, any lighted cigarette, cigar, match, live ashes or flaming or glowing substance, or any substance or thing which in and of itself is likely to cause a fire, shall be punished in accord with the noncriminal dispensation method of enforcement contained in Chapter 1 of these Bylaws.
The Chief of the Fire Department or any person to whom the Chief
of the Fire Department may delegate his authority in writing may and,
upon complaint of a person having an interest in any building or premises
or property adjacent thereto, shall, at any reasonable hour, enter
into buildings and upon premises, which term for the purposes of the
remainder of this section shall include alleys adjacent thereto, within
their jurisdiction and make an investigation as to the existence of
conditions likely to cause fire. They shall, in writing, order such
conditions to be remedied, and whenever such officers or persons find
in any building or upon any premises any accumulation of combustible
rubbish including, but not limited to, wastepaper, rags, cardboard,
string, packing material, sawdust, shavings, sticks, waste leather
or rubber, broken boxes or barrels or any other refuse or usable materials
that are or may become dangerous as a fire menace or as an obstacle
to easy ingress into or egress from such buildings or premises, they
shall, in writing, order the same to be removed or such conditions
to be remedied. Notice of such order shall be served upon the owner,
occupant or his authorized agent by a member of the Fire or Police
Department. If said order is not complied with within 24 hours, the
person making such order, or any person designated by him, may enter
into such building or upon such premises and remove such refuse or
any useable materials or abate such conditions at the expense of such
owner or occupant. Any expense so incurred by the Town shall be a
debt due the Town upon completion of such removal or abatement and
the rendering of an account therefor to the owner. The provisions
of the second paragraph of MGL c. 139, § 3A, relative to
liens for such debt and the collection of the claims for such debt,
shall apply to any debt referred to in this section, except that the
Chief of the Fire Department shall act hereunder in place of the Board
of Selectmen. Any such owner or occupant who fails or refuses to comply
with said order shall be punished by a fine of not more than $50 for
each consecutive 48 hours during which such failure or refusal to
comply continues.
