[Ord. No. 152]
No person, except an officer of the law in performance of his duties, shall enter upon or use the premises of another or any public property or public way with the intention or for the purpose of peeping into the doors or windows of a house or other building or of spying in any manner upon any person therein.
[R. O. 1947, ch. 34, § 1; Ord. No. 195, § 1, 9-13-1973; Ord. No. 270, § 1, 11-12-1976; Ord. No. 692, § 1, 3-25-1992]
No person shall deposit, cast or throw in or into any river, brook or watercourse in the City, or the bed thereof, or on or onto the banks adjacent thereto, or onto City park land or any other public land, any refuse, ashes, garage, offal or any junked or any discarded article. Whoever violates this section shall pay a fine of $300.
[Ord. No. 742, § 1, 1-11-1994; Ord. No. 1024, § I, 2-23-2009]
No person shall place, permit to be placed, or otherwise install moorings, floats, or rafts held by bottom anchor or any ramps associated therewith located within any submerged lands lying below the high-water mark of any great pond or nontidal river or stream on which public funds have been expended for stream clearance, channel improvement, or any form of flood control either upstream or downstream within the river basin, except for any stream which is not normally navigable during any season by any vessel including canoe, kayak, raft, or rowboat, or any filled lands lying below the natural high-water mark of great ponds; except that such person shall have obtained a permit from the Harbormaster. Said permit shall be issued by the Harbormaster only after written application and payment of a permit fee of $50 for moorings occupying less than 2,000 square feet of water surface and $200 for moorings occupying or delineating greater than 2,000 square feet of water surface.
Such permit may not authorize the placement of moorings, floats, or rafts held by piling or other means not bottom-anchored. Nor shall such permit be issued for any bottom-anchored mooring or arrangement of floats or buoys that, in and of itself, occupies or delineates more than 2,000 square feet of water surface area or constitutes a marina, except that a public hearing shall have been held with notice published, at the expense of the applicant, at least seven days in advance of the hearing, and the Harbormaster has set forth the reasons for issuing such a permit in a written statement which includes findings to the effect that the project will serve a public purpose and will not unreasonably interfere with the public rights of navigation, fishing, and fowling.
Such permit shall be valid only until the end of the calendar year in which issued and shall not be transferable to another person, except to a person within the immediate family of the permittee upon approval of the Harbormaster.
[Ord. No. 717, § 1, 9-9-1992]
Any person possessing, managing, or controlling property, including nonnavigable rivers and streams, shall keep such property clean and free from garbage, refuse, rubbish, litter, trash, or debris. Persons liable under this section shall include owners, tenants, lessees, agents, and occupants.
The Commissioner of Public Health/Director of Municipal Inspections shall enforce this section by giving written notice to an offender by certified or registered mail. Said notice shall order the person to remove the offending rubbish or debris. Seven days thereafter, the commissioner may impose a fine pursuant to chapter 4 1/2.
For purposes of this section, the following definitions apply:
- Means bits and pieces of rubbish or litter, including but not limited to rubble and bits of stone, wood, or glass.
- Means the animal, vegetable, or other organic waste resulting from the handling, preparing, cooking, or consumption of food.
- Means useless, unwanted, or discarded solid, liquid, or contained gaseous material resulting from industrial, commercial, or household activities that is abandoned by being disposed of or is stored pending disposal.
- Means combustible and noncombustible waste material, except garbage, and includes but is not limited to, such materials as paper, rags, cartons, boxes, wood, rubber, leather, tree branches, yard trimmings, grass clippings, tin cans, metals, mineral matter, glass, crockery, dust, and the residue from the burning of wood, coal, and other combustible material. "Litter" means small bits or scraps of rubbish scattered about in disorder.
- Means worthless, unwanted, or broken items which have been discarded or abandoned or are being stored pending disposal.
[R. O. 1949, ch. 33, § 2; Ord. No. 777, § 1, 11-10-1994]
Subject to and under the authority of section 303 of chapter 94 of the General Laws, prepared wood, slabs, and edgings for fuel, when sold by the load, shall be sold after measurement by a public or sworn measurer of wood or bark. The measurer shall give to the owner or seller a certificate showing the number of cubic feet, which certificate or a duplicate thereof shall be given to the purchaser by the owner or seller on delivery of the wood, slabs or edgings.
[R. O. 1947, ch. 24, § 29]
No auctioneer shall hold a sale upon any sidewalk or other thoroughfare in the city so as to obstruct or prevent the free and convenient use of the same by travelers thereon.
[R. O. 1947, ch. 24, § 21]
No person shall discharge any gun, pistol or other firearm in any street, highway, public square or common in the city; provided, however, that this section shall not apply to the use of such weapons in the lawful defense of the person, family or property of any one, or in the performance of any duty required by law.
[R. O. 1947, ch. 24, § 25]
No person shall behave himself in a rude or disorderly manner in any street, lane, alley or other public place in the city.
[Ord. No. 210, § 1, 1-17-1974; Ord. No. 566, § 1, 1-26-1987; Ord. No. 777, § 1, 11-10-1994]
No person shall drink any alcoholic beverages as defined in Chapter 138, Section 1 of the Massachusetts General Laws while on, in or upon any public way or upon any way to which the public has a right of access, or any place to which members of the public have access such as parks or playgrounds, or private land or place without consent of the owner or person in control thereof. All alcoholic beverages being used in violation of this section shall be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned before the court, at which time they shall be returned to the person entitled to lawful possession.
Whenever an unemancipated minor is convicted of violating Subsection (a) of this section, the custodial or guardian parent shall be subject to a fine as indicated in Chapter 4 1/2, § 4 1/2-2 All action taken under this Subsection (b) shall be deemed noncriminal and shall be conducted in accord with Massachusetts General Laws, Chapter 40, Section 21D.
[Ord. No. 398, § 1, 5-13-1981]
It shall be unlawful for any person to use or possess glass bottles and/or glass containers within the limit of lands under the management of the Department of Parks and Recreation.
[Ord. No. 1031, § 1, 4-28-2009]
No person shall smoke, ingest, or otherwise use or consume marihuana or tetrahydrocannabinol (as defined in MGL c. 94C, § 1, as amended) while in or upon any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned by or under the control of the City; or in or upon any bus or other passenger conveyance operated by a common carrier; or in any place accessible to the public.
[R. O. 1947, ch. 24, § 19]
No person shall expose for the purpose of gaming or any other unlawful purpose, in or upon any street, lane, alley, public place or common in the City, any table or device of any kind by or upon which game of hazard or chance can be played.
[R. O. 1947, ch. 24, § 23; Ord. No. 777, § 1, 11-10-1994; Ord. No. 1093, § I, 11-25-2014]
Subject to the provisions of Chapter 87 of the General Laws, no person shall cut down, remove, injure or destroy any fruit, shade or other tree growing or being in any public street, lane, alley, common or other public ground in the City, without permission of the Commissioner of Public Services. No person shall post any notice or advertisement upon, or attach any sign to, any telegraph, telephone or other post, designed for the support of electric or other wires, located in any street, lane, alley, common or other public ground in the City.
[Ord. No. 567, § 1, 1-26-1987; Ord. No. 777, § 1, 11-10-1994]
No person shall permit any branches, bushes, or impediments to encroach upon or interfere with a public way, from any property owned or controlled by said person.
The Commissioner of Public Services shall enforce this section by giving written notice to an offender by certified or registered mail. Said notice shall order the person to remove the encroaching or interfering material.
[Ord. No. 1093, § II, 11-25-2014]
If the encroachment or interference is not removed within three days of the receipt of the notice, the person violating this section shall be subject to a fine as indicated in Chapter 4 1/2, § 4 1/2-2 for any one violation thereof. All action taken under this section shall be deemed noncriminal and shall be conducted in accord with Massachusetts General Laws, Chapter 40, Section 21D.
The Commissioner of Public Services shall clear any branches, bushes or impediments that encroach upon or interfere with a public way from property owned or controlled by the City of Pittsfield or any of its departments or agencies.
[Ord. No. 1093, § III, 11-25-2014]
[R. O. 1947, ch. 24, § 22; Ord. No. 1093, § V, 11-25-2014]
No person shall light or extinguish any City lamp maintained in any street, square or public place in the City, except by permission of the Commissioner of Public Services.
[R. O. 1947, ch. 24, § 28]
No person shall ring or cause to be rung any bell, or use or cause to be used any horn or other instrument, or utter any boisterous outcry, in any street in the city, to give notice of any business or calling, or to call attention for the purpose of making sales of any article unless thereto duly licensed by the mayor and city council; provided, that any gong or bell to be used shall be of a different tone and construction from the gongs or bells used by the fire department.
[R. O. 1947, ch. 24, § 31]
No person shall be present or remain upon the steps of, or any projection from, any church, hotel, hall or public building, nor shall any person be present or remain in any hall space or way leading thereto, so as to incommode or obstruct the passage to and from such church, hotel, hall, public building, hall space or way leading thereto, and every person being so present or remaining shall immediately depart therefrom after being so ordered by the chief of police or any officer of the police department, or by the owner, agent or other person having charge of such church, hotel, hall, public building, hall space or way leading thereto.
[R. O. 1947, ch. 24, § 40]
No papers shall be cried or sold on the streets of the city on the Lord's Day except between the hours of 6:00 a.m. and 10:15 a.m. and 12:30 p.m. and 1:30 p.m., and during those hours, not in the immediate vicinity of any church edifice in which service at the time is being held.
[R. O. 1947, ch. 24, § 42]
[Ord. No. 194, § 1, 9-13-1973]
All boats powered by any means other than hand powered or electric powered motors are hereby prohibited on the Housatonic River, including its backwaters or impounded waters, within the limits of the City of Pittsfield.
This section shall not apply to authorized gasoline powered boats that are used for authorized work projects such as river cleanups, rescue or conservation investigations, emergency purposes or other duly authorized projects.
The conservation commission of the City of Pittsfield shall be empowered, in addition to any other lawful agencies or persons, to bring a complaint for a violation of this section.
No person shall be prosecuted for any offense against any of the provisions of this section unless a complaint for the same shall have been instituted and commenced within six months from the time when such offense was committed.
[Ord. No. 280, § 1, 5-13-1977; Ord. No. 777, § 1, 11-10-1994]
No motor vehicle, as the same is defined in General Laws (Ter. Ed.) Chapter 90, Section 1, which is unregistered for more than a year, or any parts or portions thereof, shall be allowed to stand on any lot or parcel which is located in a residential zone, as the same is shown on the zoning map of the City of Pittsfield, as amended. All such unregistered vehicles may stand on such land provided that they are garaged or screened or covered with a nontransparent cover of a material, size and style typically used to cover or protect automobiles so as not to be visible by the general public or any abuttors to the said lot or parcel. Any person who fails to remove, screen or garage said vehicles within four weeks after being duly notified in writing by the building inspection department of such violation shall be subject to a fine as indicated in chapter 4 1/2, section 4 1/2-2.
[Ord. No. 277, § 1, 4-22-1977; Ord. No. 971, §§ I, II, 11-9-2005]
No person shall operate a recreational land vehicle, as the same is defined MGL c. 90B, § 20, (Ter. Ed.), within 300 feet of an occupied residence within a residential zone, without the permission of the owner or occupant thereof, or except to travel directly from or return to a residence or building occupied by said operator, or to which he shall be given permission to approach by the owner or occupant thereof.
No person shall operate a recreational land vehicle, as the same is defined in MGL c. 90B, § 20, (Ter. Ed) within the lands under the management of either the Department of Parks and Recreation or any other municipal department, except that such operation may be allowed during the winter months on certain bodies of water that are defined by the Commonwealth of Massachusetts as "great ponds." For the purpose of this Subsection (b), "winter months" shall be defined as the months of December through and including February.
[Ord. No. 409, § 1, 10-29-1981; Ord. No. 751, § 1, 6-15-1994]
Electric fences prohibited. It shall be unlawful for any person to erect, install or maintain any electrically charged fence within the City, except that the Building Inspector may issue a permit for an electrically charged fence to retain farm animals for agricultural purposes upon proof that the fence will not be hazardous to life.
Barbed wire fencing prohibited. It shall be unlawful for any person to erect, construct or maintain any barbed wire fencing within the City except:
Three courses of barbed wire may be installed above the top line of a six-foot (1.83 meters) chain link fence located in a district zoned for industrial purposes or on property used for industrial purposes under a valid nonconforming use.
Barbed wire fences which comply with state statutes may be erected, constructed and maintained on premises zoned for agricultural uses.
Fences creating safety hazards prohibited. It shall be unlawful for any person to erect, install or maintain a fence which obscures clear view of traffic at intersections or driveways or which creates a safety hazard to pedestrians or vehicular traffic.
Permits. It shall be unlawful for any person to install, erect, construct, relocate or alter a fence within the City without first obtaining a permit therefor from the Building Inspector. No permit shall be issued if the Building Inspector determines that the proposed fence does not meet any of the requirements of this section. A sketch or design of the proposed fence, including a description of materials to be used and specification of height, shall be submitted with the application for a permit.
[Ord. No. 445, § 1, 3-11-1983]
Definitions. As used in this section, the following words shall have the following respective meanings:
- MECHANICAL AND ELECTRONIC GAMES AND OTHER GAMES
- Shall mean any machine, apparatus, device or mechanism which may be operated or played upon by the placing or depositing therein of any coin, check, slug, ball or any other article or device or by paying therefor either in advance of or after use, involving in its use either skill or chance, including, but not limited to, pinball machines, electronic video games, automatic amusement devices (as defined in MGL c. 140, § 177A) or any other similar machine or device.
- Shall mean any corporation, association, syndicate, joint stock company, partnership, club, society, or individual.
- Shall mean any educational institution, public, private, secular or parochial, which offers instruction of high school grade or below and which is accredited by the State Department of Education.
Hours of operation for minors under 16 years of age. No owner, operator, employee thereof or person in charge shall allow any minor under 16 years of age to play or use any such mechanical, electronic game or other games during any time while such minor's school is in session.
Compliance with other law. Neither this section nor any provision therein contained shall authorize or permit or be construed as authorizing or permitting the keeping, maintaining, possession, using or operating in the City of Pittsfield of any contrivance or device otherwise prohibited by law.
Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this section or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such judicial decision shall not affect the validity or effectiveness of the remaining portions of this section or any part thereof. The city council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional or invalid or ineffective.
Public nuisance. A violation of any provision of this section, or any condition caused or permitted to exist in violation of any of the provisions of this section shall and is hereby deemed and declared to be a public nuisance and may be abated by the city as such.
[Ord. No. 674, § 11, 5-29-1991]
As used in this section, "loitering" shall mean remaining idle in essentially one location and shall include the concepts of spending time idly, loafing or walking about aimlessly, and shall also include the colloquial expression "hanging around".
No person shall loiter in a public building owned by the City of Pittsfield or its agencies in such manner as to:
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person;
Obstruct the free passage of persons;
Create or cause to be created a danger of a breach of the peace; or
Obstruct, molest, or interfere with any person lawfully in any public building owned by the City of Pittsfield or its agencies.
Whenever the presence of any person in any public building owned by the City of Pittsfield or its agencies is causing any of the conditions enumerated in subsection (b), any police officer may order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of that section.
[Ord. No. 829, § I, 6-30-1997]
It is the purpose and intent of this section to enable the city council to provide standards which will protect its citizen's health, safety and welfare and which will preserve peace and order by prohibiting loitering for the purpose of engaging in drug-related activities contrary to any provisions of M.G.L. Chapter 94C, section 1 et seq., known as the Massachusetts Controlled Substances Act, as now enacted or hereafter amended or transferred.
It is also the purpose and intent of the city council to assist law enforcement personnel to minimize the impact which drug sales have on the quality of life, overall sense of feeling of safety and security of its citizens, and economic stability, because the sale of controlled substances not only depreciates the value of property upon which the activity occurs, but also depreciates the value of adjacent and surrounding properties, and adversely affects a local community's image, business, development, and housing costs.
It is not the purpose and intent of the city council in enacting the ordinance from which this section is derived to prohibit any conduct which is constitutionally protected.
Definitions. As used in this section, the following terms will have the following meanings:
- Shall mean remaining idle in essentially one location and shall include the concept of spending time idly; to be dilatory; to be slow in moving; to delay; to linger; to lag behind; to stay; to saunter; to stand around, and shall also include the colloquial expression "hanging around."
- PUBLIC PLACE
- Mean any place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a place devoted solely to the uses of the public. It shall also include the front or immediate area of any store, shop, restaurant, tavern or other place of business and also public grounds, areas or parks.
Manifesting the purpose of illegally using, possessing or selling controlled substances.
It shall be unlawful for any person to loiter in a public place in a manner and under circumstances manifesting the purpose of illegally using, possessing, transferring or selling any controlled substance in violation of any provision of M.G.L. Chapter 94C, section 1 et seq., known as the Massachusetts Controlled Substances Act, as now enacted or hereafter amended or transferred. Among the circumstances which may be considered in determining whether such a purpose is manifested are:
The person is a known illegal user, possessor or seller of controlled substances, or the person is at a location frequented by persons who illegally use, possess, transfer or sell controlled substances; and
The person repeatedly beckons to, stops, attempts to stop or engage in conversation with passersby, whether such passersby are on foot or in a motor vehicle, for the purpose of inducing, enticing, soliciting or procuring another to illegally possess, transfer, or buy any controlled substances; or
The person repeatedly passes to or receives from passersby, whether such passersby are on foot or in a motor vehicle, money, objects or written material for the purpose of inducing, enticing, soliciting or procuring another to illegally possess, transfer, or buy any controlled substances.
The list of circumstances set forth in subsection (1) is not exclusive. The circumstances set forth in subsection (1) should be considered particularly salient if they occur in an area that is known for unlawful drug use and trafficking, or if they occur on or in premises that have been reported to law enforcement as a place suspected of unlawful drug activity. Any other relevant circumstances may be considered in determining whether a person has the requisite purpose and intent to commit the offense stated herein. Moreover, no one circumstance or combination of circumstances is in itself determinative of purpose and intent. Purpose and intent must be based on an evaluation of the particular circumstances of each case.
In order for there to be a violation of subsection (1), the person's affirmative language or conduct must be such as to demonstrate by its express or implied content or appearance a specific intent to induce, entice, solicit or procure another to illegally possess, transfer or buy a controlled substance, giving rise to immediate concern for public health, safety and welfare.
For the purpose of this section, a known illegal user, possessor, or seller of controlled substances is a person who, within one year previous to the date of arrest for violation of this section, has, within knowledge of the arresting officer, been convicted of illegally manufacturing, using, possessing, selling, purchasing, or delivering any controlled substance.
Enforcement. The area of enforcement of the provisions of this part shall be within the boundaries of the City. The provisions of this section shall be enforced by members of all duly authorized law enforcement agencies within the City.
Any person found to be in violation of any section or subsection of this section shall be subject to criminal and noncriminal penalties as provided for by §§ 4 1/2-1 and 4 1/2-2 of Chapter 4 1/2 of the Code of Laws of the City of Pittsfield.
Unless flight by the person or other circumstances makes it impracticable, no penalty shall be imposed hereunder unless and until the enforcement officer first requests the person to provide his name and address and then affords him the opportunity to provide an explanation for his conduct.
Severability. It is declared to be the intent of the City Council that, if any section, subsection, sentence, clause, phrase or portion of this section is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remainder of this section.
[Ord. No. 682, § 1, 10-10-1991; Ord. No. 777, § 1, 11-10-1994]
No person other than judges of the Massachusetts Trial Court, court employees, attorneys licensed to practice law in the Commonwealth of Massachusetts, local, county, state and federal law enforcement officers and their agents, shall, in any building housing a courtroom of the Massachusetts Trial Court, possess a gun, firearm, ammunition, explosive or incendiary device.
[Ord. No. 774, § 1, 11-10-1994; Ord. No. 901, § 1, 9-10-2002]
- GRAFFITI IMPLEMENT
- Shall mean any pressurized container designed to propel liquid, any spray activator capable of being attached to an aerosol paint container, a paint stick, etching tool, or other similar devices capable of marking, injuring, marring, defacing, destroying or leaving a visible mark on any natural or man-made surface.
- Shall mean an individual, partnership, cooperative association, private corporation, personal representative, receiver, trustee, assignee or any other legal entity.
Sale of graffiti implement to minors prohibited. It shall be unlawful for any person, other than a parent or legal guardian, to sell, exchange, give, loan, or otherwise furnish, or cause or permit to be exchanged, given, loaned, or otherwise furnished, any graffiti implement that is capable of defacing or destroying public property or the private property of another to any person under the age of 18 years.
Purchase of graffiti implement by minors prohibited. It shall be unlawful for any person under the age of 18 years to purchase a graffiti implement that is capable of defacing or destroying public property or the private property of another.
Penalties. Any person found to be in violation of any provision of this section shall be subject to criminal and noncriminal penalties as indicated in Chapter 4 1/2, §§ 4 1/2-1 and 4 1/2-2.
[Ord. No. 857, § 1, 6-8-1999]
It shall be unlawful for any person to focus, point or shine a laser beam from a laser pointing device directly or indirectly on another person or animal in such a manner as to harass, annoy, or injure said person or animal.
It shall be unlawful for any person under the age of 18 years to possess a laser pointing device. A person shall not be in violation of this section if his or her possession of a laser pointing device is necessary for his or her employment, trade or occupation and it is necessary for the pointer to be carried on his or her person.
For the purpose of this section, the words "laser pointing device" shall mean any device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.
Enforcement. The provisions of this section shall be enforced by members of all duly authorized law enforcement agencies within the City of Pittsfield.
Penalties. Any person found to be in violation of any provision of this section shall be subject to criminal and noncriminal penalties as indicated in Chapter 4 1/2, §§ 4 1/2-1 and 4 1/2-2.
[Ord. No. 718, § 1, 9-9-1992; Ord. No. 777, § 1, 11-10-1994]
Any person who violates any provision of this chapter shall pay the fines as indicated in Chapter 4 1/2, § 4 1/2-2.
Each day in which any violation exists shall be deemed to constitute a separate offense.
The provisions of this chapter shall be enforced by the Police Department, the Commissioner of Public Services or designee, or the Commissioner of Public Health/Director of Municipal Inspections or designee.
Ord. No. 1093, § VI, 11-25-2014