[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]
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.
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.
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.
CRIMINAL GANG ACTIVITY
CRIMINAL STREET GANG
PATTERN OF CRIMINAL GANG ACTIVITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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
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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
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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
|
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.
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.
AEROSOL PAINT CONTAINER
BROAD-TIPPED MARKER
GRAFFITI
GRAFFITI IMPLEMENT
PAINT STICK or GRAFFITI STICK
PROPERTY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any aerosol container that is adapted or made for the purpose
of applying spray paint or other substances capable of defacing property.
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.
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.
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.
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.
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 two weeks
of its application and may recover the costs of such removal from
the perpetrator.
[Amended 11-22-2022 by Ord. No. 2022-28]
(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 Department of Inspectional Services 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 two weeks 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. The Inspector
of Buildings will keep a log of reported graffiti that needs to be
remedied, will monitor such reports, and will be responsible to send
the notification to the property owner. Inaction by the property owner
will give the City license to remedy the graffiti, at the cost of
the property owner, without risk of liability to the City.
[Amended 11-22-2022 by Ord. No. 2022-28]
(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 to be charged according to the
current collective bargaining agreement of the Department of Community
Maintenance.
[Amended 11-22-2022 by Ord. No. 2022-28]
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.
ABATE
CHRONIC NUISANCE PROPERTY
CONTROL
DRUG-RELATED ACTIVITY
NUISANCE ACTIVITY
(1)
(2)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(3)
PERSON
PERSON RESPONSIBLE FOR THE PROPERTY or PERSON RESPONSIBLE
PREMISES and PROPERTY
RENTAL UNIT
Definitions. For purposes of this section, the following words or
phrases shall have the meaning prescribed below:
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.
Property on which combinations of three or more nuisance
activities occur or exist during any sixty-day period.
The ability to regulate, restrain, dominate, counteract or
govern property, or conduct that occurs on a property.
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.
Includes:
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:
Criminal harassment as defined in MGL c. 265, § 43A;
Disorderly conduct as defined in MGL c. 272, § 53;
Disturbing the peace as defined in MGL c. 272, § 53;
Lewd, wanton and lascivious persons as defined in MGL c. 272,
§ 53;
Assault as defined in MGL c. 265, § 13A;
Assault and battery as defined in MGL c. 265, § 13A;
Reckless endangerment as defined in MGL c. 265, § 13L;
Enticement of a child as defined in MGL c. 265, § 26C;
Prostitution as defined in MGL c. 272, § 53A;
Any firearms/dangerous weapons violations as defined in MGL
c. 140;
Any drug-related activity as defined in MGL c. 94C;
Any gang-related activity.
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.
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.
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.
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.
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.
ALCOHOLIC BEVERAGE
CONTROL
DRUG
(1)
(2)
(3)
(4)
MINOR
OPEN HOUSE PARTY
PERSON
PREMISES
SOCIAL HOST
Definitions: For purposes of this section, the following terms are
defined as follows:
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.
The authority and ability to regulate, direct, or dominate.
As defined by MGL c. 94C, § 1, means the following:
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;
Substances intended for use in the diagnosis, cure, mitigation,
treatment, or prevention of disease in man or animals;
Substances, other than food, intended to affect the structure
or any function of the body of man and animals; or
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.
Any person under the age of 21.
A social gathering at premises with one or more minors present.
A human being, corporation or unincorporated entity.
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.
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.
