[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.]
A. 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.
B. 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.
A. 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.
B. 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.
A. 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.
B. Any person who violates this section shall be punished by fine of
not more than $200 as provided under MGL c. 40, § 21(19).
A. 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.
B. 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.
A. 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.
B. 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; 6-7-2021 by Ord. No. 097]
A. No person
shall place or deposit any ice or snow on any street or sidewalk or
in such a way as to obstruct the access to or the operation of any
fire hydrant.
B. Snow and
ice removal.
(1) The
owner of any building, structure or lot of land abutting upon any
sidewalk, including any curb ramp/cut, unless otherwise granted an
exemption, shall, after the ceasing of snowfall, if in the daytime
within six hours, and if in the nighttime before 1:00 p.m. the following
day, cause the snow to be removed therefrom. The preceding provision
shall apply to snow which falls from buildings as well as to that
which falls from the clouds.
(2) The
owner of any building, structure, or lot of land abutting on any sidewalk,
including any curb ramp/cut, any portion of which is encumbered by
ice, within six hours after the sidewalk becomes encumbered with ice,
shall, unless otherwise granted an exemption, cause such sidewalk
to be made safe and convenient by removing the ice therefrom or by
keeping the same covered with sand or some other suitable substance.
(3) Violation
of this section shall be subject to a fine of $25 If the violation
continues, each subsequent twenty-four-hour period shall constitute
a separate offense and be subject to a fine in the amount of $25.
(4) The
Department of Municipal Inspections shall be the enforcement agent,
with the assistance of the Beverly Police Department.
(5) The Commissioner of Public Works shall have the authority to extend the time frames set forth in Subsection
B(1) and
(2) in the event that severe weather conditions warrant such. Any such extension shall not exceed six hours without the approval of the Mayor.
C. Exemptions.
Individuals may be granted an exemption from the requirements of this
section upon the submission of a form to the City attesting that 1)
they are unable to perform snow and ice removal as required herein
because they a) are over the age of 65 or b) physical health reasons
prevent them from doing so, and 2) due to financial hardship they
are unable to hire someone to do so. Any such exemption must be renewed
annually.
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]
A. 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.
B. Any person found in the act of violating Subsection
A may be arrested without a warrant by any officer authorized to serve criminal process.
C. Any person found in the act of violating Subsection
A shall be punished by a fine of not less than $5 nor more than $25.
[Amended 2-16-2016 by Ord. No. 013]
Access to the Beverly Golf Course shall be restricted to players, guests, and authorized persons only. Offenders of this section shall be subject to penalties provided under Chapter
1, Article
II, Fees and Fines, of the City Code and MGL Chapter 266.
[Amended 5-6-1991 by Ord. No. 159; 12-15-2005 by Ord. No. 255]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
[Added 9-18-2023 by Ord. No. 182]
No store or place of business shall accept delivery of any item
for sale between the hours of 11:00 p.m. and 6:00 a.m. This section
shall not apply to deliveries made to a store or place of business
that holds a valid common victualler license. Violators of this section
shall be subject to a fine of $50 for each violation. For purposes
of this section, each separate delivery shall be deemed a separate
offense. In the event of delivery of several items or articles at
one time by one deliverer, only one delivery shall be deemed to have
taken place.