[HISTORY: Adopted by the City Council of the City of Beverly as Art. XXII, §§ 22.02, 22.03, 22.07-22.11, 22.15-22.19, 22.24, 22.25, 22.29 and 22.30, of the Code of 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 without the consent of the person having possession of such post, pole, fence, wall or building.
No person shall injure, destroy, deface or remove any sign or notice of the City put up, fixed or posted in any place by any officer or employee of the City.
No person shall shoot with or use a bow and arrow, sling or air gun, play at ball, throw a stone, snowball or other missile, or roller skate in any street. For the purpose of this section, the term "roller skate" shall include skateboards, scooters or any device so designed as to utilize roller-skate parts or wheels in its construction.
Every auction in the City shall be conducted in accordance with the provisions of MGL Chapter 100, and amendments thereto, and the provisions of this section.
No person shall sell, dispose of or offer for sale at public auction between the hours of 12:00 midnight and 8:00 a.m. any gold, silver, plated ware, precious stones, watches, clocks, jewelry, bric-a-brac, crockery, glassware, art goods or leather goods, or articles or goods represented as such.
No person shall deface, disfigure, defile or deform any property of the City.
No person shall place in any drinking fountain or basin of water established in any public place any dirt, stone, ashes, rubbish, filth or foreign matter of any kind.
An owner of land which has been excavated shall erect barriers or take other suitable measures within five days after such owner has been notified in writing by the Mayor and the City Council that, in their opinion, such excavation constitutes a hazard to public safety.
Any person who violates this section shall be punished by fine of not more than $200 as provided under MGL c. 40, § 21(19).
Prohibited in streets. No person shall expose in any public street or place any table or device of any kind fitted for any game of chance or hazard, and no person shall play at any such table or device or at any unlawful game in any street or way.
Prohibited in City buildings. No gambling shall be allowed in any building belonging to the City.
No person shall enter into or upon any plot of ground in the City which is under cultivation as a garden, unless such person is the owner of the vegetables and plants of such garden or has permission from such owner; provided, however, that if the garden belongs to any person whose only interest in the plot of ground is that of a mere licensee, the owner or lessee of the ground whose consent to plant the garden was necessary shall have the right of access to and from the property at any time.
No person shall kindle or maintain any open-air bonfire, rubbish fire or any outdoor fire, or authorize any such fire to be kindled or maintained on any property housing four or more families.
No person shall enter upon premises of another for purposes of committing any wanton or malicious act for the purpose or with intention of invading the privacy of another by peeping into the windows of a house or spying on any person residing therein.
Nothing contained in this section shall be construed to abridge nor in any way limit the right of a police officer to enter upon private property nor to perform any act necessary in the performance of his official duties.
No person shall use indecent, profane or insulting language in any street or public place or building or near any dwelling house or other building to the annoyance or disturbance of any person.
[Amended 6-20-1994 by Ord. No. 35]
No person shall place or deposit any ice or snow on any street or sidewalk.
No person shall drive, wheel, propel or draw along any sidewalk or footpath any vehicle, except children's carriages or sleds drawn by hand; provided, however, that a driver of a vehicle may drive upon any sidewalk at a permanent or temporary driveway.
[Amended 7-2-1990 by Ord. No. 377]
No person shall loiter or habitually congregate in any street, lane, alley or public place in the City or in any schoolyard, park, playground, beach or the public pier between the hours of 10:00 p.m. and 8:00 a.m. unless the premises have been designated as a place of assembly by the persons in charge of such premises. Any person found loitering or habitually congregating in such an area after the prescribed time may be arrested, without warrant, by any officer authorized to serve criminal process.
Any person found in the act of violating Subsection A may be arrested without a warrant by any officer authorized to serve criminal process.
[Amended 2-16-2016 by Ord. No. 013]
[Amended 5-6-1991 by Ord. No. 159; 12-15-2005 by Ord. No. 255]
Purpose. The purpose of this section is to protect the nighttime tranquility of the City of Beverly residents from disturbances due to the late-night operation of retail food stores.
Restrictions. No store, place of business or person whose building housing said place of business is within 65 feet of a structure used for residential dwelling purposes shall sell any food at retail between the hours of 12:00 midnight and 5:00 a.m.
Definitions. The term "food" as used in this section shall include any article or commodity, however stored or packaged, intended for human consumption, and shall include alcoholic beverages to be consumed off the premises at which they are sold, unless any other law or permit or license granted to the seller of such beverages shall otherwise provide.
Exceptions. This section shall not apply to the sale of food or alcoholic beverages to be consumed on the premises at which they are sold or to be consumed off the premises on which they are sold when such sale is by a licensed pharmacy or by a licensed common victualer primarily engaged in the sale of food to be consumed on such premises.
Penalty. Persons found guilty of violating this section shall pay a fine of $100. For purposes of this section, each separate sale shall be deemed a separate offense. In the event of sale of several items or articles at one time to one customer, only one sale shall be deemed to have taken place.
[Added 1-7-2019 by Ord. No. 211B]
The number of marijuana retailers, as defined in Chapter 300, § 300-5, within the City shall be limited to no more than 20% of the number of licenses issued within the city for the retail sale of alcoholic beverages not to be drunk on the premises where sold under Section 15 of Chapter 138 of the General Laws. Marijuana retailers lawfully operating shall not be barred by this section from continuing to do so in the event that there is a reduction in the number of aforementioned licenses after such marijuana retailer receives all necessary state and local approvals.