[HISTORY: Adopted by the Town of Randolph 4-18-1995 ATM by Art. 8, approved 10-27-1995. Amendments noted where applicable.]
[Amended 4-16-1996 ATM
by Art. 8, approved 7-29-1996]
No person shall throw stones, snowballs, sticks or other missiles,
nor kick any football, nor play at any game in which a ball is used,
nor fly any kite or balloon, nor shoot with or use a bow and arrow,
gun, air-gun or sling, in or across any of the public ways of the
Town, nor take hold of or ride upon the hind part of any carriage
or other vehicles, without leave; nor drive, wheel or draw any coach,
cart or other carriage of burden or pleasure, except children's
carriages drawn by hand, upon any sidewalk in the Town; nor drive
or permit any horse under his/her care to go or stand upon any sidewalk
in the Town or to stand on any crosswalk; nor behave himself or herself
in a rude or disorderly manner; nor use any profane, indecent or insulting
language in any street or other public place in the Town or near any
dwelling house or other buildings therein; nor be or remain upon any
doorstep, portico or other step or projection of any such building
or house, to the annoyance of other persons, under a penalty, in accordance
with the fine schedule.[1]
No person shall bathe or swim in any waters within the Town
in a state of nudity in places exposed to public view, or in the immediate
sight of the occupant or occupants of any dwelling house, shop or
factory, under a penalty, in accordance with the fine schedule.[1]
A.
No person shall make any indecent figure or write any indecent or
obscene words upon any fence, building or structure in any public
place or upon any sidewalk or wall.
B.
No person, unless required by law so to do, shall make any marks,
letters or figures of any kind, or place any sign, advertisement or
placard upon or against any wall, fence, post, ledge, stone, tree,
building, sidewalk, or structure in or upon any street in this Town
without the permission of the owner thereof.[1]
C.
No person shall cause to be placed any gang insignia or item to determine
boundaries upon any building, sidewalk roadway, wire, rock, sign or
other pertinent structure within the limits of the Town.
No person shall throw debris, rubbish or waste material or cause
spillage of any of the aforementioned materials to be deposited on
a public way or sidewalk, or public property under a penalty in accordance
with the fine schedule.[1]
A.
No person except as provided by law, shall carry on his or her person,
or carry under his or her control, in a vehicle, including those weapons
and instruments mentioned in Chapter 269 of the General Laws, Section
10, Paragraph (b) and Section 12, any weapon or object commonly called
"nunchucks," of any substance or material, a shotgun having a barrel
less than eighteen (18) inches in length, any saber, sword or weapon
of like or similar nature, any knife having any type of blade in excess
of two and one-half (2 1/2) inches (except when actually engaged
in hunting or fishing or in going directly to and/or returning directly
from such activities, or in any employment which requires the use
of any type of knife), or other object or tool so redesigned, fashioned,
prepared or treated that the same may be used to inflict bodily harm
or injury to another.
A.
No panhandling or soliciting shall be done that prohibits free flow
of traffic, unless a permit is issued to do so. Persons wishing to
panhandle or solicit, shall obtain said permit from the Town Manager's
Office at Town Hall.
B.
In the interest of the public's health and safety, no person
shall solicit nor panhandle so as to request an immediate donation
of money or other thing of value from another person, regardless of
the solicitor's purpose or intended use of the money or other
value. The solicitation may be, without limitation, by
C.
No person shall permit any conduct that is
(1)
Intended to or is likely to cause a reasonable person to fear imminent
bodily harm or the commission of a criminal act upon property in that
person's immediate possession.
(2)
Intended to or is likely to cause a reasonable person to be intimidated
into responding affirmatively to the solicitation.
D.
No person shall persistently closely follow or approach a person,
after the person solicited has been solicited and informed the solicitor
by words or conduct that such person does not want to be solicited
or does not want to give money or any other thing of value to the
solicitor.
E.
No person shall intentionally or recklessly block or interfere with
the safe or free passage of the person being solicited, whether the
person is a pedestrian or the operator of a vehicle, including the
situation where the person takes evasive action to avoid physical
contact with the person making the solicitation.
F.
No person shall intentionally touch or make any physical contact
with the person being solicited in the course of the solicitation
without the person's consent.
G.
No person shall solicit or panhandle within ten (10) feet of the
entrance or exit of a bank, financial institution and/or ATM during
the hours of operation.
A.
No person, whether in or upon a vehicle, motor vehicle, conveyance,
or on foot, shall burn, smoke, display, roll, ingest, or otherwise
use or consume marijuana or tetrahydrocannabinol (as defined in MGL
c. 94C, § 1, as amended) while in or upon any area owned
by or under the control of the Town of Randolph, including but not
limited to, any street, sidewalk, public way, footway, passageway,
stairs, bridge, park, playground, beach, recreation area, boat landing,
public building, school, school grounds, cemetery, or parking lot;
or in or upon any place to which the public has a right of access
as invitees or licensees.
B.
The consumption of marijuana or tetrahydrocannabinol is also prohibited
in any motor vehicle in or on a public way whether or not the user
is operating the vehicle or whether the vehicle is in operation at
all.
C.
Any marijuana or tetrahydrocannabinol burned, smoked, ingested, or
otherwise used or consumed in violation of this ordinance shall be
seized, held, and disposed of in accordance with MGL c. 94C, § 47A.
D.
Whoever is found in violation of this ordinance shall, when requested
by an official authorized to enforce this ordinance, state his or
her true name and address to said official.
E.
This ordinance 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 non-criminal
disposition pursuant to MGL c. 40, § 21D, by any police
officer.
A.
In the interest of the public's health and safety the following
are not permitted for sale: drug paraphernalia, blunt wraps, bath
salts or similar substance, within the Town of Randolph.
B.
BATH SALTS
(1)
(2)
(3)
(4)
BLUNT WRAP
DRUG PARAPHERNALIA
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
(o)
As used in this section, the following words shall, unless the context
clearly requires otherwise, have the following meanings:
A drug which contains any quantity of barbituric acid or any
of the salts of barbituric acid; or any derivative of barbituric acid
which the United States Secretary of Health, Education, and Welfare
has by regulation designated as habit forming; or
A drug which contains any quantity of amphetamine or any of
its optical isomers; any salt of amphetamine or any salt of an optical
isomer of amphetamine; or any substance which the United States Attorney
General has by regulation designated as habit forming because of its
stimulant effect on the central nervous system; or
Lysergic acid diethylamide; or
Any drug except marijuana which contains any quantity of a substance
which the United States Attorney General has by regulation designated
as having a potential for abuse because of its depressant or stimulant
effect on the central nervous system or its hallucinogenic effect.
Any tobacco product manufactured or packaged as a wrap or
as a hollow tube made wholly or in part from tobacco that is designed
to be filled by the consumer with loose tobacco or other fillers.
All equipment, products, devices and materials of any kind
which are primarily intended or designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, ingesting, inhaling or otherwise
introducing into the human body a controlled substance in violation
of this chapter. It includes, but is not limited to:
Kits used, primarily intended for use or designed for use in
planting, propagating, cultivating, growing or harvesting of any species
of plant which is a controlled substance or from which a controlled
substance can be derived;
Kits used, primarily intended for use or designed for use in
manufacturing, compounding, converting, producing, processing or preparing
controlled substances;
Isomerization devices used, primarily intended for use or designed
for use in increasing the potency of any species of plant which is
a controlled substance;
Testing equipment used, primarily intended for use or designed
for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances;
Scales and balances used, primarily intended for use or designed
for use in weighing or measuring controlled substances;
Diluents and adulterants, such as quinine hydrochloride, mannitol,
mannite, dextrose and lactose, used, primarily intended for use or
designed for use in cutting controlled substances;
Separation gins and sifters used, primarily intended for use
or designed for use in removing twigs and seeds from or in otherwise
cleaning or refining marijuana;
Blenders, bowls, containers, spoons and mixing devices used,
primarily intended for use or designed for use in compounding controlled
substances;
Capsules, balloons, envelopes and other containers used, primarily
intended for use or designed for use in packaging small quantities
of controlled substances;
Containers and other objects used, primarily intended for use
or designed for use in storing or concealing controlled substances;
Objects used, primarily intended for use or designed for use
in ingesting, inhaling, or otherwise introducing marijuana, cocaine,
hashish or hashish oil into the human body, such as:
Metal, wooden, acrylic, glass, stone, plastic or ceramic pipes,
which pipes may or may not have screens, permanent screens, hashish
heads or punctured metal bowls;
Water pipes;
Carburetion tubes and devices;
Smoking and carburetion masks;
Roach clips; meaning objects used to hold burning material,
such as a marijuana cigarette that has become too small or too short
to be held in the hand;
Miniature cocaine spoons and cocaine vials;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Chillums;
Bongs;
Ice pipes or chillers;
Wired cigarette papers;
Cocaine freebase kits.
When a landlord does not reside on the property they own and
the police details and fees associated with the same.
A.
POLICE RESPONSE
PROBLEM PROPERTY
(1)
(2)
(3)
VALID COMPLAINT
Definitions.
Any and all police action deemed appropriate by the Police
Chief to protect the health, safety and welfare of inhabitants of
a property or location where valid complaints have been documented.
Coordination of police action shall be subject to the rules and regulations
of the police department.
The Police Department has been called to the property not fewer
than four (4) times within the preceding twelve-month period for any
incident involving any arrestable offense including but not limited
to disturbing the peace, trespassing, underage drinking or assault;
or
The Police Department has received not fewer than four (4) sustained
complaints for noise within the preceding twelve-month period; or
The Inspectional Services Department or the Public Health Department
have received not fewer than four (4) sustained complaints within
the preceding twelve-month period for noxious, noisome or unsanitary
conditions.
An investigated finding, documented by on-duty Police Department
personnel dispatched or caused to respond to an incident, that a criminal
act has taken place in a dwelling unit within a property, on a particular
property or at a specific location which disturbs the health, safety
and welfare of other inhabitants of said property or location. The
term shall not include incidents involving an occupant of the premises
as the victim of the crime.
B.
Police response. The Police Chief, as deemed appropriate to protect
the health, safety and welfare of other inhabitants of a property
or location where a valid complaint has been made, is hereby authorized
and empowered to assign a member or members of the police department
to staff as police response on said property or location;
(1)
Upon being dispatched or caused to respond to an incident, in a dwelling
unit within a property, or a particular property or at a specific
location, involving a criminal offense, police department personnel
shall investigate the complaint to determine whether it is a valid
complaint.
(2)
Upon finding a valid complaint, police department personnel shall
make a record of the incident and shall keep, within the department's
control, a record of the number of incidents which occur in said dwelling
unit within a property, particular property or location.
(3)
After four (4) valid complaints incidents have occurred in a twelve-month
period relating to the occupancy of a dwelling unit within a property,
on a particular property or at a specific location, the Police Chief,
or his designee, may notify the Chair of Town Manager's Task
Force on problem Properties/Code Enforcement Officer and shall submit
to the Chair/Code Enforcement Officer the all-calls report relating
to police response at said dwelling, particular property or location.
C.
Duties of the Task Force.
(1)
The Chair/Code Enforcement Officer shall create a master file of
all information received from the Chief pertaining to that dwelling
unit, particular property or location and shall discuss said information
with the members of the Task Force/Code Enforcement Officer at a monthly
meeting at Town Hall.
(2)
If a specific address falls within the definition of a problem property,
the Chair of the Task Force/Code Enforcement Officer shall notify
in writing, the property owner by regular and certified mail, return
receipt requested, sent to the property owner's residence or
usual place of business that is on record at the Assessor's Office.
The notification shall identify:
(a)
The property owner and list the specific address that has been
designated a problem property.
(b)
The number of valid complaint incidents which have occurred
on said property within a twelve-month period.
(c)
The Randolph Police Contact the property owner may contact to
coordinate a plan to resolve the incidents at the particular property
or location, and/or inform the Randolph Police of problem complaint(s).
(d)
Where and to whom the property owner must address a letter of
appeal of the Task Force's/Code Enforcement Officer's decision.
(3)
In making a final designation of a property as a problem property,
the Chair of the Task Force/Code Enforcement Officer shall take into
consideration the nature of the complaints, the number of dwelling
units at the property, and the nature of the use of said property.
(4)
Upon receipt of confirmation from the Police Chief, or his designee,
that the owner of a particular property deemed problematic has cooperated
with the Randolph Police Department in addressing each specified valid
complaint, the Task Force/Code Enforcement Officer shall remove said
property from designation as a problem property.
D.
Cost of Police response assigned to problem properties.
(1)
The Police Chief, or his designee, shall keep an accurate record
of the cost of police response to the dwelling unit within a property,
a particular property or a specific location, and such record shall
include the number of officers who are part of the determined response.
(2)
The Police Chief shall forward such record to the Treasurer-Collector.
(3)
After eight (8) valid complaint incidents in a twelve-month period
relating to occupants of a dwelling unit within a property, a particular
property or a specific location, the Police Chief, at his discretion,
shall determine whether the cost of a police response should be assessed
to the property owner and shall notify and submit said determination
to the Chair of the Task Force/Code Enforcement Officer.
(4)
The Chair of the Task Force/Code Enforcement Officer shall notify,
in writing, the property owner of the Chief's decision to assess
the cost of the police response. The notification shall:
(a)
Be delivered by regular and certified mail, return receipt requested,
sent to the property owner's residence or usual place of business
that is on record at the Assessor's Office.
(b)
Identify the number of valid complaint incidents that have occurred
since the first notification.
(c)
Where appropriate, inform the property owner of his failure
to contact the Randolph Police Contact to coordinate a plan to resolve
the incidents at a dwelling unit within a property, particular property
or location, and/or inform the Randolph Police of problem occupant(s).
(e)
Indicate where and to whom the property owner must address a
letter of appeal of police response costs assigned to him.
(f)
Inform the property owner he has seven (7) days to file an appeal.
(5)
The Police Chief should consider the following factors in making
his decision to assess costs:
(a)
The nature, scope and seriousness of the incident(s).
(b)
Whether the incident(s) resulted in an arrest.
(c)
A history of the criminal activity taking place at the property
or location.
(d)
The property owner's and occupant's willingness to
cooperate with Police.
(e)
The total number of properties owned by the property owner relative
to the number of said properties deemed problematic.
(6)
Nothing in this ordinance shall limit the statutory authority of
the Police Chief to investigate crimes, allocate police resources
and enforce the laws of the Commonwealth of Massachusetts and the
Town of Randolph.
E.
Penalties.
(1)
The Treasurer-Collector is hereby authorized and empowered to bill
the property owner for the costs the Town incurred for its police
response in addition to any individual costs during the period of
police response to the particular property or location. The property
owner is responsible for payment of the bill in full within thirty
(30) days of receiving the bill. All amounts collected by the Treasurer-Collector
shall be deposited into the general fund of the Town.
(2)
Any unpaid bill for police response, including interest and/or collection
costs, shall be added to the real estate tax on the property and collected
as part of that tax. Failure to pay real estate taxes will render
the property owner delinquent and the Treasurer-Collector shall commence
foreclosure proceedings.
F.
Property owner's rights.
(1)
The property owner may, within seven (7) days of receipt of the notification,
appeal the Chief's decision to assess costs by requesting, in
writing, a hearing before a three (3) person panel appointed by the
Town Manager.
(2)
Once the panel makes a decision it must be in writing. If the panel
finds in favor of the property owner, the cost of the penalty shall
be abated.
G.
Eviction. In the event the property owner has, in good faith, commenced
eviction proceedings against the tenant(s) responsible for the incidents
at the property, then the application of this ordinance shall be stayed
until the eviction process is concluded. The Police Chief may continue
police response at the particular property or location, at his discretion,
at all times after the eviction proceeding has been completed; provided,
however, that such costs shall not be assessed to the property owner
if the eviction proceedings conclude in favor of the property owner.
H.
Charges to constitute municipal lien pursuant to MGL c. 40, § 58.
All charges to recover costs imposed in this ordinance shall constitute
a municipal lien on the property so charged in accordance with MGL
c. 40, § 58.
I.
Report. The Chair of the Task Force/Code Enforcement Officer shall
submit a report to the Town Manager and the Town Council no later
than three (3) months after the one (1) year anniversary of the enactment
date of this ordinance. This report shall include the total cost of
administration of this ordinance, as well as an accounting of all
revenues collected in association with it. Said report shall also
contain data regarding all dwellings within a property, particular
properties or locations which remain problem properties and those
that are no longer designated as problem properties. The report shall
also include the general impact, if any, that the implementation of
this order has on the health, safety, and welfare of the residents
of the Town of Randolph.
