City of Beverly, MA Article II Obstructions

[Adopted as Art. XXII, §§ 22.06, 22.12 and 22.20, of the Code of Ordinances]

§ 253-22 Rude and indecent behavior; loitering; graffiti.

A. No person shall behave himself in a rude or disorderly manner, or use any indecent, profane or insulting language in any street, lane, alley or public place in the City, or near any dwelling house or other buildings therein; or in any licensed place of public amusement, or be or remain upon any sidewalk, or upon any doorstep, portico or other projection from any building to the annoyance or disturbance of any person.

B. No person, with one or more other persons, shall stand in a group or near such a number of persons, on any sidewalk, in such a manner as to obstruct a free passage for foot passengers, for a longer time than 10 minutes, nor in the same place, nor on the same sidewalk after a request to move on made by any police officer.

C. No person shall make any indecent figures, nor write any indecent or obscene words upon any fence, building or other public place within the City.

§ 253-23 Fences.

A. Determination of boundary before erection. No person shall erect or cause to be erected any fence or building on the line of any street without first ascertaining the bounds thereof from the Director of Engineering, Commissioner of Public Services, Public Works.

B. Defacing or injury. No person shall deface, injure or destroy any fence in the City.

§ 253-24 Objects or items projecting over or placed on public ways and sidewalks.

[Amended 4-16-2024 by Ord. No. 067]

A. Objects or items projecting over public ways or sidewalks. No person shall place or maintain any object or item, including, but not limited to, any sign as defined by § 300-5, awning, or shade, or frame for the same, in a manner that projects over, or in any manner overhangs or is suspended over, any public way or sidewalk; provided, however, that a sign, awning, or shade, or frame for the same, may be placed or maintained in a manner that projects over, or in any manner overhangs or is suspended over, a public sidewalk as long as:

(1) Any such object or item is attached to or extends from a building over which the owner of such object or item has a right of control;

(2) The lowest part of any awning or shade, or frame for the same, is not less than seven feet above the sidewalk;

(3) The lowest part of any sign is not less than nine feet above the sidewalk; and

(4) Any such object or item does not interfere with pedestrian or vehicle traffic.

B. Objects or items placed on public ways or sidewalks. No person shall place or maintain any object or item, including, but not limited to, any sign as defined by § 300-5, display, table, seating, stand, rack, flowerpot, container, booth, partition, barrier, goods, wares, or other articles, on any public way or sidewalk without a permit from the Planning Department in accordance with Subsection C below.

C. The Planning Department is hereby authorized to issue a permit for the placement of objects or items, including, but not limited to, any sign as defined by § 300-5, display table, seating, stand, rack, flowerpot, container, booth, partition, barrier, goods, wares, or other articles, on public ways or sidewalks. The Planning Department shall create rules, regulations, and an application process for the issuance of any such permit. The following minimum rules shall apply: 1) permits must be renewed annually; 2) any applicant for a permit under this section must be lawfully operating a business at the property that is adjacent to or contiguous with the public way or sidewalk for which a permit is sought and the placement of any object or item must be in furtherance of said business; 3) a current certificate of general or commercial liability insurance in the amount of $1,000,000 naming the City of Beverly as an additional insured shall be provided for as long as the objects or items are occupying any public way or sidewalk; 4) any approved objects or items shall not put the safety of the public at risk or impede or interfere with pedestrian or vehicular traffic; and 5) any approved objects or items shall be located in a manner that allows any access required by the Americans with Disabilities Act and Massachusetts Architectural Access Board regulations. Before any permit is issued, the following City departments, as applicable, shall review and approve any application submitted: Planning Department, Municipal Inspections Department, Police Department, Fire Department, and/or Department of Public Services. In addition to these departments, approval by the Health Department and the Licensing Board shall be required if the applicant operates an establishment that serves food and/or alcohol. The City Council may revoke any permit for failure to comply with the terms and conditions of the permit, this section, or any other rule, regulation, or law.

D. Enforcement and violations. The Director of Municipal Inspections or their designee shall enforce the provisions of this section. Violations of the provisions of this section shall be a warning for the first offense and a fine of $100 for the second or subsequent offenses, with each day of violation constituting a separate offense.