[Amended 4-27-2007 ATM, Art. 24]
It shall be unlawful for any person or persons
occupying, having the charge of or being present in or about any building,
structure, premises, shelter, vehicle, boat or conveyance or any part
thereof in the Town (other than that section of any establishment
licensed under Chapter 138 of the General Laws) at any time to cause,
suffer, allow or countenance any unnecessary loud, excessive or unusual
noise, including any such noises in the operation of any radio, phonograph
or other mechanical sound-making device or instrument or reproducing
devices or instrument, or in the playing of any band, orchestra, musician
or group of musicians or in the use of any device to amplify the aforesaid
or the making of loud and boisterous singing by any person or group
of persons or in the use of any device to amplify the aforesaid noise,
where such noise is plainly audible to abutting residential units,
also including abutting properties. The fact that the noise is plainly
audible to said abutting residential units or abutting properties
shall constitute prima facie evidence of a violation of this chapter.
Any person shall be deemed in violation of the chapter who shall make
or aid and abet or cause or suffer or assist in the making of any
such noise.
No person, except an officer of the law in performance
of his duties, shall enter upon or remain upon the premises of another
with the intention of peeking, spying or looking into the window,
door or other aperture of a house or other structure, in any manner
or upon any person or persons therein.
[Amended 4-24-2009 ATM, Art. 26; 4-27-2012 ATM, Art.
9; Ch. 141 of the Acts of 2019, approved 12-12-2019]
Violations of any of the provisions or requirements of Chapter
89 may be enforced through any lawful means, including, but not limited to, enforcement by criminal indictment or complaint pursuant to MGL c. 41, § 21, or by noncriminal disposition pursuant to MGL c. 40, § 21D, by the Selectboard, their duly authorized agents, or any police officer of the Town. The fine for any violation of this chapter, whether enforced by criminal indictment or complaint, or noncriminal disposition, shall be three hundred dollars ($300.00) for first and subsequent violations, unless otherwise specified. In addition, whoever violates any of the provisions or requirements of the bylaws set forth in §§
89-1,
89-2,
89-3,
89-6C and
89-6D shall be subject to arrest. All prosecutions of any such violations shall begin within six (6) months from the date of the offense.
[Added 4-24-2009 ATM, Art. 24]
A. No person
shall smoke, ingest, or otherwise use or consume marijuana 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 Town; or in or upon any
bus or other passenger conveyance operated by a common carrier; or
in any place accessible to the public.
B. This bylaw
may be enforced through any lawful means, including, but not limited
to, enforcement by criminal indictment or complaint pursuant to MGL
c. 40, § 21, or by noncriminal disposition pursuant to MGL
c. 40, § 21D, by the Selectboard, their duly authorized
agents, or any police officer. The fine for violation of this bylaw
shall be one hundred dollars ($100.00) for the first offense, two
hundred dollars ($200.00) for the second offense and three hundred
dollars ($300.00) for a third or subsequent offense. Any penalty imposed
under this bylaw shall be in addition to any civil penalty imposed
under MGL c. 94C, § 32L.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
[Added 4-27-2012 ATM, Art. 8]
A. Purpose. In accordance with the Town of Sunderland's home rule authority
and to protect the health, safety, and welfare of the inhabitants
of the Town, this bylaw shall permit the Town to impose liability
on owners and other responsible persons for the nuisances and harm
caused by loud and unruly gatherings on private property and shall
discourage the consumption of alcoholic beverages by underage persons
at such gatherings.
B. Definitions.
ALCOHOL
Means ethyl alcohol, hydrated oxide of ethyl, or spirits
of wine, from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE
All liquids intended for human consumption as a beverage
which contain 1/2 of 1% or more of alcohol by volume at 60° F.,
including malt beverages.
EVICTION
Means actively trying to evict a tenant from a premise by
delivery of a notice to quit and subsequent court proceedings if a
tenant fails to vacate the premises.
GATHERING
Is a party, gathering, or event where a group of persons
has assembled or is assembling for a social occasion or social activity.
LEGAL GUARDIAN
Means a person who, by court order, is the guardian of the
person of a minor or a public or private agency with which a minor
has been placed by the court.
PARENT
Means a person who is a natural parent, adoptive parent,
foster parent, or stepparent of another person.
PREMISES
Means any residence or other private property, place, or
location, including any commercial or business property.
PROPERTY OWNER
Means the legal owner of record as listed by the Tax Assessors'
records.
PUBLIC NUISANCE
Means a gathering of persons on any premises in a manner
which constitutes a violation of law or creates a substantial disturbance
of the quiet enjoyment of private or public property in a significant
segment of a neighborhood. Unlawful conduct includes, but is not limited
to, excessive noise, excessive pedestrian and vehicular traffic, obstruction
of public streets by crowds or vehicles, illegal parking, public urination,
the service of alcohol to underage persons, fights, disturbances of
the peace, and litter.
RESPONSE COSTS
Are the costs associated with responses by law enforcement,
fire, and other emergency response providers to a gathering as set
forth in a schedule of costs established by the Selectboard.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
C. Consumption of alcohol by underage persons. Except as permitted by
state law, it is unlawful for any underage person to:
(1) Consume at any public place or any place open to the public any alcoholic
beverage; or
(2) Consume at any place not open to the public any alcoholic beverage,
unless in connection with the consumption of the alcoholic beverage
the underage person is being supervised by his or her parent or legal
guardian.
D. Duties of person hosting, permitting or allowing gathering.
(1) It is the duty of any person having control of any premises who knowingly
hosts, permits, or allows a gathering at said premises to take all
reasonable steps to prevent the consumption of alcoholic beverages
by any underage person at the gathering. Reasonable steps include,
but are not limited to, controlling access to alcoholic beverages
at the gathering; controlling the quantity of alcoholic beverages
present at the gathering; verifying the age of persons attending the
gathering by inspecting driver's licenses or other government-issued
identification cards to ensure that underage persons do not consume
alcoholic beverages while at the gathering; and supervising the activities
of underage persons at the gathering.
(2) A gathering constituting a public nuisance may be abated by all reasonable
means, including but not limited to an order by the police requiring
the gathering to be disbanded and citation and/or arrest of any persons
under any applicable provision of local or state law.
(3) It is unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one underage person consumes an alcoholic beverage, provided that the person having control of the premises either knows an underage person has consumed an alcoholic beverage or reasonably should have known that an underage person consumed an alcoholic beverage and the person having control of said premises failed to take all reasonable steps to prevent the consumption of an alcoholic beverage by an underage person as set forth in subsection
(1) of this section.
(4) This section shall not apply to conduct involving the use of alcoholic
beverages that occurs exclusively between an underage person and his
or her parent or legal guardian.
(5) This section shall not apply to any Massachusetts Alcoholic Beverages
Control Commission licensee at any premises regulated by the Massachusetts
Alcoholic Beverages Control Commission.
E. Mailing of notice to property owner. Notice of response by police
or other local officials to a gathering shall be mailed to any property
owner listed on the Town of Sunderland property tax assessment records
and shall advise the property owner that the third such response on
the same premises within a one-year period, as measured from the date
of the first notice, shall result in liability of the property owner
for all penalties associated with such response as more particularly
described below.
F. Liability for fines and response costs.
(1) If the Police Department is required to respond to a gathering constituting
a public nuisance on the premises, the following persons shall be
jointly and severally liable for fines as set forth below. Response
costs may also be assessed.
(a)
The person or persons residing on or otherwise in control of
the property where such gathering took place.
(b)
The person or persons who organized or sponsored such gathering.
(c)
All persons attending such gatherings who engage in any activity
resulting in the public nuisance.
(2) If the Police Department is required to respond to a gathering constituting
a public nuisance on the premises more than twice in any one-year
period, as measured from the date of the first response, the following
persons shall be jointly and severally liable for fines as set forth
below. Response costs may also be assessed.
(a)
The person or persons who own the property where the gathering
constituting the public nuisance took place, provided that notice
of the first and second responses has been mailed to the owner of
the property as set forth herein and the gathering occurs at least
14 days after the mailing of the second such notice. The owners of
the property shall not be held responsible for any violation and penalties
if they are actively trying to evict a tenant from the property. The
one-year time period for violations for a property shall pertain only
to the same residents occupying the property who have had the prior
violation(s). New residents shall start a new time cycle of one year
should they violate the bylaw.
(b)
The person or persons residing on or otherwise in control of
the property where such gathering took place.
(c)
The person or persons who organized or sponsored such gathering.
(d)
All persons attending such gatherings who engage in any activity
resulting in the public nuisance.
G. Regulations. The Selectboard is hereby authorized to promulgate regulations
to implement this bylaw.
[Amended by Ch. 141 of the Acts of 2019, approved 12-12-2019]
H. Enforcement.
(1) This bylaw shall be enforced by criminal complaint in the District
Court. Violations shall be punishable by a fine of $300. In the alternative
it may be enforced by the noncriminal disposition process of MGL c.
40, § 21D. For the purpose of noncriminal enforcement, the
enforcing persons shall be any police officer of the Town of Sunderland.
If enforced pursuant to noncriminal disposition, the following fine
shall apply:
(a)
First and subsequent violations: $300.
(2) The Town of Sunderland may additionally seek administrative costs and response costs associated with enforcement of §§
89-6C and
89-6D through all remedies or procedures provided by state or local law.
(3) Sections
89-6C and
89-6D shall not limit the authority of police officers to make arrests for any criminal offense arising out of conduct regulated by §§
89-6C and
89-6D, nor shall they limit the ability of the Town of Sunderland or the Commonwealth of Massachusetts to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of §§
89-6C and
89-6D.
I. Relationship to state and federal law; severability. No provision
of this bylaw shall apply where prohibited or preempted by state or
federal law. If any provision of this bylaw, or the application thereof
to any person or circumstances, is declared invalid, that invalidity
shall not affect other provisions or applications of this bylaw which
can be given effect without the invalid provisions or application;
to this end the provisions of this bylaw are severable.