[HISTORY: Adopted by the Town Meeting of the Town of Dedham
as Ch. 13, Secs. 14 through 16, 22, 25, 26, 28 through 30, 34, 36,
37, 44, 60, and 62, of the 1996 By-laws; amended 11-18-2013 STM by Art. 16. Subsequent
amendments noted where applicable.]
No person shall be or remain upon any doorstep, portico, or
other projection from any house or building or upon any wall or fence
on or near any street or public place after being requested by any
occupant of the premises or by any constable or police officer to
remove therefrom.
No person shall coast upon any sled or sleds upon any sidewalk
or any street or public place except upon such streets or places as
the Selectmen may by public notice designate for such purposes.
No person shall kick a football, play ball, play at any game
at which a ball of any kind is used, fly kites or throw snowballs
in any manner so as to endanger the public health, safety or welfare
on any public way of the Town, nor shall any person throw stones,
sticks or other dangerous missiles, or shoot with bows and arrows
or any air gun, or willfully frighten any domestic animals on any
public way of the Town.
No person shall play or perform on any musical instrument, or
sing, parade or march in any public way or public place, except in
connection with a funeral, without the written permit of the Selectmen.
No person shall make a bonfire in any public way or public place
without first having obtained in writing the permission of the Chief
of the Fire Department.
No person shall set fire to or burn, or cause to be moved through
any way or street of the Town, any waste material, paper, wood or
any inflammable substance on any wagon, cart, buggy, push-cart or
on any vehicle, with the intention of setting fire to or burning same
on any way or street of the Town.
No person shall willfully deface or injure any public playground,
planting space, flower bed, grass, border, guidepost or guideboard,
official sign, post, or signaling device for the direction of traffic,
lamp-post or lamp or lantern, or any building, fence, or monument,
or other thing situated, erected or made for the use or ornament of
the Town.
No person except an employee or sub-contractor of the Town or
an employee of a utility company shall climb any tree on any public
way or in any public place in the Town without having first obtained
permission so to do from the Chief of Police.
No person shall place on or in any drinking fountain, trough
or basin of water set up or established in any public way or other
public place for the use of man or beast, any dirt, stone, ashes,
rubbish, or other material; nor shall any person unnecessarily waste
or use the water in such drinking fountain, trough or basin.
No person shall ride a horse upon any sidewalk of the Town.
No person shall place or cause to be placed in any public way
of the Town any vehicle or anything whatsoever so as to obstruct a
free passage of travelers. No person shall allow any property for
which he is responsible to remain in any public way more than 24 hours
after being notified by a Police Officer or Code Enforcement Officer
to remove it, except that nothing herein contained shall be construed
to prevent the use of the streets and sidewalks for building purposes
upon obtaining a permit as provided in applicable laws of the "Building
Code".
No person shall lay, throw, or place, or cause to be laid, thrown
or placed, any ice or snow on that portion of any street within the
Town which has been cleared or ploughed for travel.
A.
No person shall trespass upon any park, playground, reservation or
other area under the control of the Parks and Recreation Commission
between the hours set by the Commission.
B.
No person shall trespass upon properties of the Parks and Recreation
Commission known as Memorial Park. Condon Park, Fairbanks Park, Paul
Park, or Churchill Park between sunset and sunrise; if, on any given
evening, an activity, sanctioned by the Commission is in progress
under the lights at Memorial or Condon Park, the presence of any individual
on the property will constitute trespass beginning 15 minutes after
"lights out." Any violation of this section shall be subject to a
fine of $100.
Outdoor strings or series of lights, accessory to any commercial
use, comprising no message and not permanently mounted on a structure,
are prohibited; provided, however, that such lights may be permitted
by the Building Commissioner up to three times per year for periods
of not more than 30 consecutive days as part of a temporary holiday
decoration.
For the purposes of this section, 'news box' shall
mean a vending machine used for the sale and/or distribution of newspapers
or similar printed material. It is not the intent of this section
to prohibit or interfere with the dissemination of information protected
under the United States or State constitutions, but simply to ensure
that the location of news boxes protects the public safety of the
Town of Dedham; supports pedestrian and driving safety and convenience;
provides reasonable access for the use and maintenance of poles, posts,
traffic signals, hydrants, and mailboxes; avoids visual blight; and
maintains community aesthetics and the values of surrounding properties.
A.
No person, firm, corporation, association, partnership, trust, or
other type of entity shall place, install, use, or maintain any news
box on any public property or public way without obtaining a written
permit therefore from the Board of Selectmen.
(1)
The application for the permit shall fully and specifically describe
the news box by setting forth its size by height, depth, and width
or any other relevant dimensions if varying in height, depth and width,
the name and business address of the applicant, the exact date or
dates said news box will be in place or operation, the exact place
where said news box will be located, the manner by which said news
box shall be affixed or held in place, and the description of any
object to which said news box shall be affixed. Further reasonable
information which may affect the public safety, health, or order in
the community may be requested from the applicant. An annual application
fee, the amount of which will be determined upon passage of this By-law
and annually thereafter by the Board of Selectmen, which fee will
be reasonably related to the costs of processing said application,
shall be paid for each news box licensed.
(2)
Within 20 days of receipt of such completed application, the Board
of Selectmen shall grant a permit or shall order a hearing within
an additional 10 days, giving at least five days written notice to
the applicant.
(3)
Within 10 days next following the close of the hearing, the Board
of Selectmen shall grant such permit if the proposed news box will
meet the conditions of this by-law and other applicable laws or shall
deny such application upon a finding that the proposed news box would
violate one or more conditions of this by-law or other applicable
laws. Failure to act upon an application within 40 days shall constitute
constructive grant of a permit.
(4)
Notice of the denial of an application for permit shall be in writing
and accompanied by a statement of the reasons therefore. The Board
of Selectmen may impose conditions upon the permit but said conditions
may only relate to compliance with applicable laws or to public safety,
health or order, or to steps required to be taken to guard against
creation of a nuisance or to insure adequate safety and security for
the public. Subject to rights of appeal provided by law, no applicant
having been denied a permit as aforesaid shall submit the same or
similar application within one year of said denial without including
in said new application facts showing that the circumstances upon
which the original denial was based have substantially changed.
B.
Location.
(1)
News boxes located within a public way must be placed parallel to
the curb and not more than six inches from the wall of the building.
(2)
No news box shall be located within 100 feet of any school bus stop.
(3)
No news box shall be located within three feet ahead or 15 feet to
the rear of any designated commercial or public bus stop (other than
a school bus stop), taxi stand or place marked for handicapped parking.
(4)
No news box shall be located within 15 feet of any fire hydrant or
within 10 feet of any fire or police alarm box or other emergency
facility.
(5)
No news box shall be chained, bolted, or otherwise attached to property
owned or maintained by the Town of Dedham.
(6)
No news box shall be located within five feet of any driveway, public
or private;
(7)
No news box shall be located within three feet of any crosswalk.
(8)
No news box shall be located so as to interfere with any bus bench
or shelter.
(9)
No news box shall be placed at any location whereby the clear space
for the passageway of pedestrians is reduced to less than four feet.
(10)
No news box shall be located on a public way on which parking
is prohibited.
C.
No news box shall be used for advertising signs or publicity purposes
other than that which is essential to identify on no more than two
sides of the news box the printed matter offered for sale therein.
No letter thereon shall exceed two square inches in size.
D.
Each news box shall be maintained in a clean and neat condition and
in good repair at all times, and it shall be of one color that does
not unnecessarily contrast with the immediate surroundings except
that the lettering may contrast with such one color. No reflectorized
paint, day-glo, fluorescent, or scotchlite reflective materials or
materials of like nature may be used on such news box.
E.
The owner who places or maintains such news box shall have his name
or Massachusetts agent's name, address, and telephone number
affixed thereto in a place where such information may easily be seen.
F.
All persons who have placed or intend to place news boxes in the
Town of Dedham shall within 30 days from passage of the within by-law
by the Town Meeting and approval by the Attorney General, or such
additional time as the Board of Selectmen may allow in their discretion,
comply with the said provisions.
G.
Any violation of this by-law or any permit granted hereunder shall
be subject to a fine of $200. Any such violation shall be cause for
cancellation, suspension, revocation or modification, after hearing,
upon three days written notice, sent registered or certified mail,
to the name and address set forth in the permit application or the
name and address affixed to said news box. If, after hearing, the
applicant fails to comply with the order of the Board of Selectmen,
said Selectmen may order the removal of said news box and place it
in storage in a secure place. The cost of removal and storage shall
be paid by the permit holder.
H.
Any news box which remains empty and unused as a news box for more
than 60 days shall be removed by the owner thereof or person who places
or maintains such news box upon written notice by addressing the same
to the name and address set forth in the permit or affixed to said
news box. If said news box is not removed within 10 days of said notice,
the Town may remove same. If no name and address is available on an
application for a permit or affixed to a news box which has remained
empty and unused as a news box for more than 60 days, the Town may
post notice on said news box and remove same after 10 days from the
posting of said notice.
I.
Any news box which has been removed pursuant to this by-law and not
claimed within 60 days thereof may be disposed of by the Town.
