City of Fall River, MA
Bristol County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Fall River as Ch. 46 of the 1999 Revised Ordinances. Amendments noted where applicable.]
No person shall post up or affix in any manner, paint, print or write, or cause to be painted, printed or written, a notice, advertisement or bill upon a post, pole, fence, wall or building in the City unless he previously obtains the consent of the person having possession of such post, pole, fence, wall or building.
[Amended 6-24-1997 by Ord. No. 1997-15; 7-15-2008 by Ord. No. 2008-40; 4-28-2009 by Ord. No. 2009-11]
A. 
Generally. No person shall, without the consent of the City Council, post up or affix in any manner, or paint, print or write, or cause to be painted, printed or written, a notice, advertisement or bill upon a curbstone, sidewalk, tree, telegraph pole or lamppost in a street or public place, or upon a walk, fence or building belonging to the City.
B. 
Posting on athletic fields in City parks. The Parks and Cemeteries Division is authorized to permit posting of advertising by organized athletic leagues on athletic fields in City parks under the Parks and Cemeteries Division's jurisdiction to assist leagues in fund-raising and improvement of City fields. The Parks and Cemeteries Division shall further establish guidelines and restrictions to ensure the appropriateness of display.
C. 
Posting on athletic fields and field houses at or in public school facilities. The School Committee is authorized to permit posting of advertising on athletic fields and field houses under the School Committee's jurisdiction to assist with School Department athletic programs. The School Committee shall further establish guidelines and restrictions to ensure the appropriateness of the display.
[Added 4-8-2008 by Ord. No. 2008-13]
A. 
Political signs may be located subject to the consent of property owners. They may be displayed for regular or special municipal elections, state, county or federal elections, to include preliminary and primary elections, for a period of eight weeks prior to election day, and shall be removed within 21 days after election day. In the case of a primary election, the winning candidate may leave signs on display until 21 days following the final election.
B. 
The property owner shall be responsible for the removal of all signs within the prescribed 21 days after an election. No political sign may be placed on utility poles, other utility device, trees or abandoned buildings. Further, in accordance with the provisions of MGL. c. 53, §§ 70A through 70H, no signs may be displayed within 150 feet from the entrance of a polling place on primary or election day.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions).
No person shall, except in the performance of some legal duty, discharge any gun, pistol or firearm in any street or public place, or within 825 feet of any dwelling house.
Whoever, for the purpose of storing, keeping or abandoning or for any other reason whatsoever, places in a yard, or on any other land, public or private, or in an unlocked building or in any other place, an unused refrigerator, icebox or container of a similar nature, the doors of which, when closed, can be opened only from the outside, and permits such refrigerator, icebox or container to be unattended for a period of more than 20 minutes without removing the doors or without adequately securing the doors in such a manner so as to prevent children from entering into the refrigerator, icebox or container, shall be punished by a fine of not more than $20.
No person shall expose any table or device for the playing of any game of chance or skill, and no person shall play at such game, or at any unlawful game, in any street or public place.
No person shall injure, deface or destroy any guidepost, guideboard, lamppost, lamp or lantern, tree, building, sidewalk, fence, post or other thing set, erected or placed for use or ornament within or along any street or public place.
A. 
All noises that menace the health or interrupt or disturb sleep of residents of the City between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 8:00 a.m. on Sundays are hereby prohibited.
B. 
Without limiting the generality of Subsection A of this section, it is intended by this section that the following noises are prohibited: those caused by trucks, the loading or unloading of trucks, all types of mechanical devices, including lawn mowers, and animals and birds.
No person shall, by a verbal, written or printed communication, willfully, deliberately and knowingly make or cause to be made to a police officer or other lawful authority a false or fictitious report of a crime, knowing that such report is false or fictitious.
A. 
No person shall drink any alcoholic beverages, as defined in MGL c. 138, § 1, 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 as invitees or licensees, park or playground, or private land or place without consent of the owner or person in control thereof.
B. 
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 arrested or summoned before the court, at which time they shall be returned to the person entitled to lawful possession.
No person employed as a constable, private detective or guard, person working in a similar capacity, or any other person shall wear a uniform similar in color to the official uniform of the City Police Department. The uniform shirt of the Police Department shall be a dark blue color for police officers and sergeants.
[Amended 6-20-2000 by Ord. No. 2000-12]
Fingerprinting services will be provided at the request of the public. The fee for said service shall be in accordance with the fee schedule located in Chapter A110, Fee Schedule, of the City Code. Should a retake be required, it shall be performed at no cost.
[Added 11-14-2000 by Ord. No. 2000-35]
A. 
Public indecency defined. A person who knowingly or intentionally, in a public place: 1) engages in sexual intercourse; 2) engages in sexual conduct as defined by MGL c. 272, § 31; 3) appears in a state of nudity; or 4) fondles the genitals of himself, herself or another person commits public indecency, a summary offense.
B. 
Nudity defined. "Nudity' means the showing of the human male or female genitals, pubic hair or buttocks with less than a fully opaque covering; the showing of the female breast with less than a fully opaque covering of any part of the nipple; the exposure of any device, costume, or covering which gives the appearance of or simulates the genitals, pubic hair, natal cleft, perineum anal region or pubic hair region; or the exposure of any device worn as a cover over the nipples and/or areola of the female breast, which device simulates and gives the realistic appearance of nipples and/or areola.
C. 
Public place defined. "Public place" includes all outdoor places owned by or open to the general public, and all buildings and enclosed places owned by or open to the general public, including such places of entertainment, taverns, restaurants, clubs, theaters, dance halls, banquet halls, party rooms or halls limited to specific members, restricted to adults or to patrons invited to attend, whether or not an admission charge is levied.
D. 
Exceptions. The prohibition set forth in Subsection A(3) shall not apply to:
(1) 
Any child under 10 years of age; or
(2) 
Any individual exposing a breast in the process of breastfeeding an infant under two years of age.
E. 
Purpose and intent. It is the purpose and intent of this section to address and mitigate the deleterious secondary effects of public nudity, since such secondary effects have been found as a result of numerous studies, and after other public input, to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the City, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the City, all of which secondary impacts are adverse to the health, safety, and general welfare of the City and its inhabitants. The provisions of this section are written in light of the United States Supreme Court's ruling in City of Erie, et al. v. Pap's A.M. tdba "Kandyland," 120 S.Ct. 1382 (2000). The provisions of this section have neither the purpose nor the intent of imposing a limitation or restriction on anyone's constitutional rights, but merely seek to address the deleterious secondary effects that stem from the conduct described here.
[Added 6-26-2007 by Ord. No. 2007-15]
A. 
Any real property which is erected, established, maintained, owned, leased, or used by any criminal street gang for the purpose of conducting criminal gang activity is a public nuisance. No person shall keep, maintain or use such real property as a public nuisance.
B. 
The Chief of Police shall by written directive promulgate procedures to prevent the enforcement of this section against persons who are engaged in activities that are protected by the Constitution of the United States and/or the Commonwealth of Massachusetts.
C. 
The City may use all lawful methods of abating violations of this section, including, but not limited to, application for equitable relief from a court of competent jurisdiction.
D. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
CRIMINAL GANG ACTIVITY
The commission, attempted commission, or solicitation of the following offenses, provided that the offenses are committed by two or more persons, or by an individual at the direction of, or in association with, any criminal street gang. The following sections of the Massachusetts General Laws:
MGL c. 265, § 1
Murder
MGL c. 265, § 13
Manslaughter
MGL c. 265, § 13A
Assault or assault and battery
MGL c. 265, § 13B
Indecent assault and battery on a child under 14
MGL c. 265, § 13C
Assault and battery to collect loan
MGL c. 265, § 13D
Assault and battery upon public employees
MGL c. 265, § 13D
Indecent assault and battery on mentally retarded person
MGL c. 265, § 13H
Indecent assault and battery on person 14 or older
MGL c. 265, § 13I
Assault or assault and battery on emergency medical technician, ambulance operator, or ambulance attendant
MGL c. 265, § 13J
Assault and battery upon a child
MGL c. 265, § 13K
Assault and battery upon an elderly or disabled person
MGL c. 265, § 14
Mayhem
MGL c. 265, § 15
Assault; intent to murder or maim
MGL c. 265, § 15A
Assault and battery with dangerous weapon
MGL c. 265, § 16
Attempt to murder
MGL c. 265, § 17
Armed robbery
MGL c. 265, § 18
Assault with intent to rob or murder
MGL c. 265, § 18A
Dangerous weapon; assault in dwelling house
MGL c. 265, § 18B
Use of firearms while committing a felony
MGL c. 265, § 18C
Entry of dwelling place; persons present within
MGL c. 265, § 19
Robbery by unarmed person
MGL c. 265, § 20
Simple assault; intent to rob
MGL c. 265, § 21
Stealing by confining or putting in fear
MGL c. 265, § 21A
Assault, confinement, etc., of person for purpose of stealing motor vehicle; weapons
MGL c. 265, § 22
Rape
MGL c. 265, § 22A
Rape of child
MGL c. 265, § 23
Rape or abuse of child
MGL c. 265, § 24
Assault with intent to commit rape
MGL c. 265, § 24B
Assault of child; intent to commit rape
MGL c. 265, § 25
Attempted extortion
MGL c. 265, § 26
Kidnapping
MGL c. 265, § 26A
Kidnapping of minor or incompetent by relative
MGL c. 265, § 26B
Drugging persons for kidnapping
MGL c. 265, § 29
Assault; intent to commit felony
MGL c. 265, § 39
Assault or battery for purpose of intimidation; weapons
MGL c. 265, § 44
Coercion of child under 18 into criminal conspiracy
MGL c. 266, § 1
Dwelling house, burning or aiding in burning
MGL c. 266, § 2
Meeting house, burning or aiding in burning
MGL c. 266, § 14
Burglary; armed; assault on occupants
MGL c. 266, § 15
Burglary; unarmed
MGL c. 266, § 16
Breaking and entering at night
MGL c. 266, § 17
Entering without breaking at night; breaking and entering in the daytime; weapons
MGL c. 266, § 18
Dwelling house; entry at night; breaking and entry in the day time; weapons
MGL c. 266, § 25
Larceny by stealing; punishment; victim 65 or older
MGL c. 266, § 30
Larceny
MGL c. 94C
Controlled Substances Act
CRIMINAL STREET GANG
Any ongoing organization, association in fact or group of three or more persons, whether formal or informal, having as one of its substantial activities the commission of one or more of the criminal acts enumerated in "criminal gang activity" above, and whose members individually or collectively engage in or have engaged in a pattern of criminal gang activity.
PATTERN OF CRIMINAL GANG ACTIVITY
Two or more acts of criminal gang activity of which at least two such acts were committed within five years of each other.
[Added 7-15-2008 by Ord. No. 2008-38]
A. 
Purpose and intent. This section is a regulatory measure aimed at protecting the health and safety of children in Fall River from the risk that convicted sex offenders may re-offend in locations where there is a high and/or likely concentration of children. The City finds and declares that sex offenders are a serious threat to public safety. When convicted sex offenders reenter society, they are much more likely than any other type of offender to be re-arrested for a new sexual assault. Given the high rate of recidivism for sex offenders and that reducing opportunity and temptation is important to minimizing the risk of re-offense, there is a need to protect children where they congregate, learn or play in public places.
B. 
Designated child safety zones.
(1) 
Any person who is classified as a Level 3 sex offender by the Sex Offender Registry Board of Massachusetts, or any similar classification under any state or federal sex offender registry, shall not enter or be present upon any real property owned or leased by the City of Fall River upon which there exists any of the following public facilities: park, playground, gymnasium, swimming pool, library, school for children under the age of 18, day-care facility, athletic field, recreational trail, or other recreational facilities.
(2) 
Any other person or entity operating a similar facility within the City of Fall River which serves children under the age of 18 may request that such facility be designated on said map as a child safety zone by filing a request for said designation with the City Council. The City Council may within its discretion vote, in accordance with the City Charter and ordinances, to designate such facility as a child safety zone.
(3) 
A map depicting the above-referenced locations, as amended from time to time, shall be placed on file in the office of the City Clerk for public inspection.
C. 
Exceptions. Entry or presence upon any real property designated as a child safety zone by a Level 3 sex offender shall not be considered a violation of this article in the following circumstances:
(1) 
Where there exists on said property a church, synagogue, mosque, temple or other house of worship and where said person enters or is present upon said property for the purpose of attending a religious program or service, with advance written notice by said person to the owner of said property or person in charge thereof.
(2) 
Where said person is accompanying his or her natural or adopted children to an activity on said property which requires supervision by a parent, with advance written notice by said person to the owner of said property or person in charge thereof.
(3) 
Where there exists on said property a polling location used for a local, state or federal election and where said person enters or is present upon said property for the purpose of exercising his or her right to vote, with advance written notice by said person to the owner of said property or person in charge thereof.
(4) 
Where there exists on said property a school in which said person is lawfully enrolled as a student and where said person enters or is present upon said property for the purpose of attending said school, with advance written notice by said person to the owner of said property or person in charge thereof.
D. 
Enforcement; violations and penalties. The Police Department shall enforce the provisions of this section, and any person violating the provisions of this section shall be subject to the general penalty as set forth in § 1-15 of the City Code or the noncriminal procedure as set forth in § 2-1021 of the City Code.
[Added 10-28-2008 by Ord. No. 2008-55]
A. 
Purpose and intent.
(1) 
The City Council of the City of Fall River, Massachusetts, does hereby enact this section to help prevent the spread of graffiti vandalism and to establish a program for the removal of graffiti from public and private property.
(2) 
The City Council of the City of Fall River finds that graffiti is a public nuisance and destructive of the rights and values of property owners as well as the entire community.
(3) 
The purpose of this section is to provide additional enforcement tools to protect public and private property from acts of graffiti vandalism and to abate graffiti within the City of Fall River.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
AEROSOL PAINT CONTAINER
Any aerosol container that is adapted or made for the purpose of applying spray paint or other substances capable of defacing property.
BROAD-TIPPED MARKER
Any felt-tip indelible marker or similar implement with a flat or angled writing surface that, at its broadest width, is greater than 1/4 of an inch, containing ink or other pigmented liquid that is not water soluble.
GRAFFITI
Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of property by any graffiti implement or other device, to the extent that the graffiti was not authorized in advance by the owner of the property, or, despite advance authorization, is otherwise deemed a public nuisance by the City of Fall River.
GRAFFITI IMPLEMENT
Any aerosol paint container, broad-tipped marker, paint stick or graffiti stick capable of scarring or leaving a visible mark on any natural or man-made surface.
PAINT STICK or GRAFFITI STICK
Any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface by pressure and leaving a mark thereon.
PROPERTY
Any publicly or privately owned property, real or personal, located within the City of Fall River, including any buildings or improvements located thereon.
C. 
Prohibited acts.
(1) 
Defacement and failure to remove. It shall be unlawful for any person to apply graffiti to any natural or man-made surface on any property without the prior permission of the property owner, and it shall be unlawful for any property owner to permit property that is defaced with graffiti to thereafter remain defaced.
(2) 
Furnishing graffiti implements 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, a graffiti implement to any person under the age of 18 years without the written consent of the parents or guardian of the person.
D. 
Removal of graffiti. The existence of graffiti on property in violation of this section is expressly declared to be a public nuisance and, therefore, is subject to the removal and abatement provisions specified in this article.
(1) 
Removal by property owner. The owner of property defaced by graffiti shall be responsible for the removal of said graffiti within 48 hours of its application and may recover the costs of such removal from the perpetrator.
(2) 
Responsibility of the perpetrator. Any person applying graffiti on property shall be responsible to the property owner for the removal costs of said graffiti. Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also be responsible to the property owner for the removal costs of said graffiti.
(3) 
Removal by City. Whenever the City becomes aware or is notified that graffiti is located on property, the City may within its discretion remove said graffiti at the request of the property owner or in accordance with the following procedure:
(a) 
The Director of Community Maintenance shall send the property owner a prior written notice by first class mail, which notice shall include the following: notifying the property owner that said graffiti constitutes a public nuisance; ordering the property owner to remove said graffiti within 48 hours of receipt of said notice; notifying the property owner that if he fails to comply with such order the City shall cause said graffiti to be removed at his expense.
(b) 
In any event, the costs of such removal shall be paid by the property owner and shall constitute a debt due the City upon completion of the work and the rendering of an account to the owner of the property and may be enforced in an action of contract and the provisions of the second paragraph of MGL c. 139, § 3A, relative to liens for such debt and the collection of such debt, shall apply to any debt referred to in this section, except that the Director of Community Maintenance may act hereunder in place of the Mayor.
(c) 
The costs of such removal shall be based upon the actual cost of the material, labor and other associated items as determined by the Director of Community Maintenance.
E. 
Enforcement; violations and penalties. The Police Department and/or City inspectors shall enforce this section and any person violating the provisions of this section shall be subject to the general penalty as set forth in § 1-15 of the City Code or the noncriminal procedure as set forth in §§ 2-1021 through 2-1025 of the City Code. Nothing in this section shall preclude the City from instituting any other civil or criminal judicial proceeding, including injunctive relief, to enforce the provisions of this section.
[Added 6-8-2010 by Ord. No. 2010-18]
A. 
Findings; purpose.
(1) 
Chronic nuisance properties present grave health, safety and welfare concerns, where the persons responsible for such properties have failed to take corrective action to abate the nuisance condition. Chronic nuisance properties have a tremendous negative impact upon the quality of life, safety and health of the neighborhoods where they are located. This section is enacted to remedy nuisance activities that are particularly disruptive to quality of life and repeatedly occur or exist at properties by providing a process for abatement. This remedy is not an exclusive remedy available under any state or local laws and may be used in conjunction with such other laws.
(2) 
In addition, chronic nuisance properties are a financial burden to the City by the repeated calls for service to the properties of the nuisance activities that repeatedly occur or exist on such property. This section is a means to ameliorate those conditions and hold accountable those persons responsible for such property.
B. 
Definitions. For purposes of this section, the following words or phrases shall have the meaning prescribed below:
ABATE
To repair, remove, destroy, or otherwise remedy a condition which constitutes a violation of this section by such means and in such a manner and to such an extent as the applicable City department director or designee(s) determines is necessary in the interest of the general health, safety and welfare of the community.
CHRONIC NUISANCE PROPERTY
Property on which combinations of three or more nuisance activities occur or exist during any sixty-day period.
CONTROL
The ability to regulate, restrain, dominate, counteract or govern property, or conduct that occurs on a property.
DRUG-RELATED ACTIVITY
Any unlawful activity at a property which consists of the manufacture, delivery, sale, storage, possession, or giving away of any controlled substance as defined by General Laws of the Commonwealth of Massachusetts.
NUISANCE ACTIVITY
Includes:
(1) 
Any nuisance as defined by state law or local ordinance occurring on, around or near a property, including, but not limited to, violations of the following laws and regulations:
(a) 
Unauthorized vehicles;
(b) 
Fire Code violations;
(c) 
Health and sanitation violations.
(2) 
Any criminal conduct as defined by state law occurring on, around or near a property, including, but not limited to, the following activities or behaviors:
(a) 
Criminal harassment as defined in MGL c. 265, § 43A;
(b) 
Disorderly conduct as defined in MGL c. 272, § 53;
(c) 
Disturbing the peace as defined in MGL c. 272, § 53;
(d) 
Lewd, wanton and lascivious persons as defined in MGL c. 272, § 53;
(e) 
Assault as defined in MGL c. 265, § 13A;
(f) 
Assault and battery as defined in MGL c. 265, § 13A;
(g) 
Reckless endangerment as defined in MGL c. 265, § 13L;
(h) 
Enticement of a child as defined in MGL c. 265, § 26C;
(i) 
Prostitution as defined in MGL c. 272, § 53A;
(j) 
Any firearms/dangerous weapons violations as defined in MGL c. 140;
(k) 
Any drug-related activity as defined in MGL c. 94C;
(l) 
Any gang-related activity.
(3) 
For purposes of this section, "nuisance activity" shall not include conduct where the person responsible is the victim of a crime and had no control over the criminal act.
PERSON
A natural person, joint venture, partnership, association, club, company, corporation, business trust, organization, or the manager, lease agent, officer or employee of any of them.
PERSON RESPONSIBLE FOR THE PROPERTY or PERSON RESPONSIBLE
Unless otherwise defined, any person who has titled ownership of the property or structure which is subject to this section, a developer, builder, or business operator or owner who is developing, building or operating a business on the property or in a structure which is subject to this section and/or any person who has control over the property and allows a violation of this section to continue.
PREMISES and PROPERTY
May be used in this section interchangeably and means any public or private building, lot, parcel, dwelling, rental unit, real estate or land or portion thereof, including property used as a residential or commercial property.
RENTAL UNIT
Any structure or that part of a structure, including, but not limited to, a single-family home, room or apartment, which is rented to another and used as a home, residence, or sleeping place by one or more persons.
C. 
Violations.
(1) 
Any property within the City which is a chronic nuisance property is in violation of this section and subject to its remedies; and
(2) 
Any person responsible for property who permits property to be a chronic nuisance property shall be in violation of this section and subject to its remedies.
(3) 
For rental properties containing three or more rental units, each individual rental unit shall be considered a "property" for purposes of enforcement of this section. Any occurrence of nuisance activity in the common area or curtilage of a rental property shall be charged to the specific rental unit that the person occupies.
D. 
Procedure.
(1) 
When the Chief of Police, or his/her designee(s), receives documentation confirming the occurrence of three or more nuisance activities within a sixty-day period on any property, the Chief of Police or his/her designee(s) may review such documentation to determine whether it describes the nuisance activities enumerated in Subsection B. Upon such finding, the Chief of Police, or his/her designee(s), shall warn the person responsible for such property, in writing, that the property is in danger of being declared a chronic nuisance property.
(2) 
The warning shall:
(a) 
Contain the street address or legal description sufficient for identification of the property;
(b) 
Contain a concise description of the nuisance activities that exist or that have occurred on the property;
(c) 
Contain a demand that the person responsible for such property respond to the Chief of Police or his/her designee(s) within 10 days of service of the notice to discuss the nuisance activities and create a plan to abate the chronic nuisance;
(d) 
Offer the person responsible an opportunity to abate the nuisance activities giving rise to the violations; and
(e) 
Contain a statement describing that if legal action is sought, the property could be subject to closure and civil penalties and/or costs assessed up to $100 per day if declared a chronic nuisance property.
(3) 
The Chief of Police or his/her designee(s) shall serve or cause to be served such warning upon the person responsible in accordance with the procedures set forth above.
(4) 
If the person responsible fails to respond to the warning within the time prescribed, the Chief of Police or his/her designee(s) shall issue a notice declaring the property to be a chronic nuisance property, post such notice at the property and send such notice by first class mail to the owner's premises or other responsible party's last known address, and issue the person responsible a civil infraction, punishable by a penalty of $1,000. If the notice is returned as undeliverable, the notice shall be deemed properly delivered if it is either posted on the front door of the premises that is the subject of the notice or if it is delivered in person to the owner. If the person responsible fails to respond to the issued infraction and/or continues to violate the provisions of this section, the matter shall be referred to the Law Department for further action.
(5) 
If the person responsible responds as required by the notice and agrees to abate the nuisance activity, the Chief of Police or his/her designee(s), and the person responsible, may work out an agreed-upon course of action which would abate the nuisance activity. If an agreed-upon course of action does not result in the abatement of the nuisance activities or if no agreement concerning abatement is reached, the matter shall be forwarded to the Law Department for enforcement action; provided that in the event the Chief of Police or his/her designee(s) or the Law Department determines that the person responsible has taken reasonable steps to abate the nuisance activity, the Law Department shall not commence an enforcement action under this section, notwithstanding the continuance of the nuisance activity.
E. 
Appeals. If for any reason notice of violation is believed to be invalid, an appeal may be filed within 30 days of the citation date noted on the notice of violation. The dispute must be in writing, explaining the reason for the error. The person responsible for such property is responsible for all penalties, even if the appeal has not yet been resolved. Once the Law Department reaches a decision, the person responsible for such property will be notified of the Law Department's decision. Appeals are to be submitted to the Law Department, One Government Center, Fall River, MA 02722.
[Added 5-8-2012 by Ord. No. 2012-17]
A. 
Intent. It is the purpose of this section to protect the public interest, welfare, health and safety within the City of Fall River by prohibiting the service to and consumption of alcoholic beverages and drugs by minors at private premises located within the City. The City Council finds that the occurrence of social gatherings at private premises where alcoholic beverages or drugs are served to or consumed by minors is harmful to themselves and a threat to public welfare, health and safety. Minors often obtain alcoholic beverages or drugs at social gatherings. Persons who rent, own, or control the premises where service or consumption of alcoholic beverages or drugs occurs are in the best position to ensure that alcoholic beverages and drugs are neither served to nor consumed by minors.
B. 
Definitions: For purposes of this section, the following terms are defined as follows:
ALCOHOLIC BEVERAGE
As defined by MGL c. 138, § 1, means any liquid intended for human consumption as a beverage and containing 1/2 of 1% or more of alcohol by volume at 60° F.
CONTROL
The authority and ability to regulate, direct, or dominate.
DRUG
As defined by MGL c. 94C, § 1, means the following:
(1) 
Substances recognized as drugs in the official United States Pharmacopoeia, official Homeopathic Pharmacopoeia of the United States, or official National Formulary, or any supplement to any of them;
(2) 
Substances intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals;
(3) 
Substances, other than food, intended to affect the structure or any function of the body of man and animals; or
(4) 
Substances intended for use as a component of any article specified in MGL c. 94C, § 1, clause (a), (b) or (c), exclusive of devices or their components, parts or accessories.
MINOR
Any person under the age of 21.
OPEN HOUSE PARTY
A social gathering at premises with one or more minors present.
PERSON
A human being, corporation or unincorporated entity.
PREMISES
Any dwelling unit, including a hotel or motel room, yard, hall or meeting room, whether owned, leased, rented, or used, regardless of compensation for use.
SOCIAL HOST
Any person who owns, rents, or otherwise controls the premises at which an open house party occurs.
C. 
Prohibition. A social host shall be responsible for unlawfully serving any alcoholic beverage or drug to a minor at an open house party.
D. 
Exceptions. The provisions of this section shall not apply to:
(1) 
The possession or consumption of a drug for which the individual has a current, valid prescription or as otherwise permitted by applicable law;
(2) 
The practice of legally recognized religious observances;
(3) 
Any parent charged with serving any alcoholic beverage to the parent's child;
(4) 
Any grandparent charged with serving any alcoholic beverage to the grandparent's grandchild; and
(5) 
Any legal guardian charged with serving any alcoholic beverage to the minor lawfully entrusted to the guardian's care.
E. 
Violations and penalties.
(1) 
A first violation of this section shall result in a warning, which shall be issued by the Chief of Police or designee.
(2) 
A second violation of this section at the same premises or by the same person within a twelve-month period shall be subject to a fine of $150. Any violation occurring after the twelve-month period shall constitute a first violation.
(3) 
A third or subsequent violation of this section at the same premises or by the same person within a twelve-month period shall be subject to a fine of $300. Any violation occurring after the twelve-month period shall constitute a first violation.
(4) 
A warning issued pursuant to this section shall remain in effect for a twelve-month period.
F. 
Appeals. Any person who receives a warning or fine pursuant to Subsection E may appeal in a noncriminal proceeding by making a written request within 21 calendar days to the Law Department of the City of Fall River. Failure to timely appeal the administrative citation is deemed a waiver of the right to appeal.
[Added 6-12-2012 by Ord. No. 2012-23]
A. 
Use of marijuana in public. 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 City of Fall River; or in or upon any bus or other passenger conveyance operated by a common carrier; or in any place accessible to the public.
B. 
Name, address and date of birth to be provided. Upon request by any duly sworn police officer, any person charged with violating this section shall provide his or her true name, address and date of birth.
C. 
Violations and penalties. This section may be enforced through any lawful means in law or in equity, 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. The fine for violation of this section shall be $200 for each offense. Any penalty imposed under this section shall be in addition to any civil penalty imposed under MGL c. 94C, § 32L.
D. 
Seizure of controlled substances. All controlled substances being used in violation of this section may be seized and held until final adjudication in court, whereupon they will be destroyed by the Police Department.