[HISTORY: Adopted by the Town Meeting of the Town of Dartmouth
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-7-1970, approved
8-26-1970 (Art. 88 of the 2011 General By-Laws)]
[Added 1-15-1991, approved
3-22-1991; amended 6-7-2011, approved
9-15-2011]
No person shall in any manner affix any bill, placard or poster
nor paint, draw or write any words, figures or devices upon any property
in the town bordering on the highway on land not his own without the
permission of the owner or the person in lawful control of the property,
nor upon any town property without consent of the Selectpersons who
may issue consent pursuant to rules and regulations they may reasonably
formulate.
[Amended 6-2-2009, approved
9-4-2009]
No person, other than a duly authorized agent of the Town of
Dartmouth, shall remove, deface or otherwise obstruct any sign, barricade,
or other warning device which has been placed by an agent of the Town
to function as a precaution in the interest of public safety. Whoever
is in violation of this section shall be subject to a fine of $150
for each offense.
[Added 10-22-2015 ATM
by Art 15, approved 1-21-2016]
Any Window Accent Lighting that meets the definition in Subsection
A may be illuminated only in accordance with the provisions of this
section, which provisions are complementary and in addition to, and
do not supersede or otherwise replace, any restrictions, limitations
or requirements regarding any lighting that are found in the Zoning
By-Laws, or in any condition of an approved permit, special permit,
variance, site plan or license.
A.
Definition
of window accent lighting. The provisions of this section apply to
Window Accent Lighting which is defined as any single, or assembly
of, incandescent, fluorescent or LED lighting element or elements
that are located at or on any window or door, whether inside or outside,
such that said lighting is orientated to be viewed from the exterior
of the building at which the lighting is located.
C.
Changes
in brightness. While in operation, the illumination may not increase
or decrease in brightness.
D.
Brightness.
As measured by an incident light meter, the brightness of any Window
Accent Lighting shall not be greater than 150 foot candles at the
source of the lighting, and shall not be greater than one foot candles
at the boundary with any abutting property or way, including any sidewalk,
that is available for use by the public.
E.
Hours of
operation. Window Accent Lighting for any business may be illuminated
only during the normal hours of operation of said business during
which it is open and available to customers.
F.
Enforcement. Every violation of this § 298-3 shall result in a fine of $300; provided, that each day of a continuing violation of said section shall be a separate violation. Each violation of this section shall be enforced by the Director of Inspectional Services and any authorized agents, assistants and subordinates of the same, and shall be subject to the non-criminal disposition procedures as provided in Chapter 60, Article I, of these General By-Laws and Massachusetts General Laws Chapter 40, Section 21D. For the purposes of enforcing this section, the Director of Inspectional Services and any authorized agents, assistants and subordinates of the same, may at any reasonable time enter onto any property with Window Accent Lighting and inspect the same.
G.
Severability.
The provisions of this section are severable. If any court of competent
jurisdiction determines that any such provision is in violation of
the laws, constitutions or regulations of the Commonwealth of Massachusetts
or the United States of America, the remaining provisions shall not
be affected thereby and shall continue in full force and effect.
[Adopted 5-17-1991, approved
7-2-1991 (§ 68.1 of the 2011 General By-Laws)]
[Amended 10-24-1995,
approved 12-14-1995]
A.
Except as otherwise provided herein and in the Zoning By-Laws of
the Town no signs or other advertising devices which do not indicate
the person occupying the premises on which it is located or advertise
the property or any portion thereof, as "for sale" or "to-let", to
the extent as they may be lawfully exempt, shall be erected or maintained
within public view from any public or private way or public park,
except by permit issued by the Building Commissioner.
B.
This By-Law shall not be construed to affect the use of signs for
business advertising in windows of commercial and business premises
as such use of signs is otherwise allowed and permitted by existing
laws, including General and Zoning By-Laws.
[Added 10-29-1996, approved
2-13-1997]
A.
Political signs and signs expressing an opinion or sentiment in the
exercise of free speech are allowed to be displayed without a building
permit from the Building Commissioner on property by the owner or
person in control of the property, or with their permission provided
that the sign:
(1)
Is for the purpose of advertising a specific candidate or cause for
a scheduled public election or referendum, or to express an opinion
or sentiment that would be protected in the exercise of free speech
as that right is protected under the First Amendment of the Constitution
of the United States.
(2)
Is of a durable material and sufficiently attached and placed as
to be safe and not a hazard to the public. Signs shall not be illuminated
either internally or externally. Signs shall not have moving parts
or flashing lights. Signs shall not be of a type that call undue attention
from, or confuse drivers of motor vehicles by the use of color or
shape to imitate traffic signs or signals, light or other features.
(3)
Shall be attached in a durable manner, and placed at least five feet
from the property line on private property.
(4)
Is not placed within 150 feet of a polling place, pursuant to the
provisions of Massachusetts General Laws Chapter 54, Section 65.
B.
This By-Law shall not apply to billboards, signs and other advertising
devices that are otherwise authorized or permitted under the provisions
of Massachusetts General Laws Chapter 93, Sections 29 to 34, inclusive,[1] and the rules and regulations adopted thereunder.
[1]
Editor's Note: Section 34 of Ch. 93 was repealed by St. 2014,
c. 482.
C.
The Building Commissioner is designated as the authority charged
with the responsibility for enforcement of political signs.
