[Added 10-13-1992]
It shall be unlawful for any person, business, corporation or partnership to sell or cause to be sold, to any person under the age of 21, nonalcoholic beer, malt or wine, however much reduced. Furthermore, said beverages are to be sold only in establishments licensed to sell alcoholic beverages.
No person shall disseminate to a minor any matter harmful to minors in violation of MGL c. 272, § 28.
No person shall remove the cover upon any hydrant in the City, except in case of fire, or by order of the chief executive officer of the City, Chief of the Fire Department, Executive Director of the Regional Water Utility or the Commissioner of Public Works, or in any way injure any hydrant, or cover thereof, or any lock on the same, or tamper with the same, or wantonly injure any pipe or pipes connected therewith, or any apparatus used or intended to be used with any hydrant or reservoir in the City for any purpose except putting out fire.
It shall be unlawful for any person to sell, dispose of or offer for sale in the City at public auction, or to cause or permit to be sold, disposed of or offered for sale in the City at public auction, any gold, silver, plated ware, precious stones, watches, clocks or jewelry, whether the same is his own property or whether he sells the same as an agent or employee of others, provided that this section shall not apply to judicial sales, or sales by executors or administrators, nor to sales by or on behalf of licensed pawnbrokers of unredeemed pledges in the manner provided by law, nor to the sale at public auction of the stock on hand of any person that shall, for the period of one year next preceding such sale, have been continuously in business in the City as a retail or wholesale merchant of gold, silver, plated ware, precious stones, watches, clocks or jewelry; provided, further, that such sale at public auction of the stock on hand of such merchant or merchants shall be held on successive days, Sundays and legal holidays excepted, and shall not continue for more than 30 days in all within the period of one year.
No person, unless clothed in accordance with legal requirements, shall swim or bathe in any of the waters within or adjoining the City so as to be exposed to the view of spectators from any street, lane or building.
[Added 11-12-2013; amended 2-4-2014; 3-3-2015]
A. Definitions. As used in this section, the following terms shall have the meanings indicated:
AGGRESSIVE MANNER (1) Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another or damage to or loss of property or otherwise to be intimidated into giving money or other thing of value;
(2) Continuing to engage in panhandling toward a person after the person has given a negative response to such soliciting;
(3) Intentionally touching or causing physical contact with another person or their property without that person's consent;
(4) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;
(5) Using violent or threatening language and/or gestures toward a person or toward his or her property, which are likely to provoke an immediate violent reaction from that person;
(6) Following a person with the intent of asking that person for money or other things of value;
(7) Panhandling toward anyone who is waiting in line for tickets, for entry to a building or for any other purpose;
(8) Panhandling in a manner with conduct, words or gestures intended or likely to cause a reasonable person to fear immediate bodily harm, danger or damage to or loss of property or otherwise be intimidated into giving money or any other thing of value;
(9) Panhandling in a group of two or more persons in an intimidating fashion;
(10) Panhandling within 20 feet of the entrance to, or parking area of, any bank, automated teller machine, automated teller machine facility, check-cashing business, mass transportation facility, mass transportation stop, public restroom, pay telephone or theater, or any outdoor seating area of any cafe, restaurant or other business.
AUTOMATED TELLER MACHINE A device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments which are made available to banking customers.
AUTOMATED TELLER MACHINE FACILITY The area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers during and after regular banking hours.
BANK The same as defined in MGL c. 167, § 1.
DOWNTOWN LOWELL HISTORIC DISTRICT The Downtown Lowell Historic District as defined in Section 4 of Chapter 566 of the Acts of 1983, An Act Establishing the Downtown Lowell Historic District. A map of said district is attached hereto and made a part hereof and marked as Exhibit A.
PANHANDLING The solicitation of any item of value, monetary or otherwise, made by a person, requesting an immediate donation of money or exchange of series; or any person attempting to sell an item for an amount far exceeding its value, or an item which is already offered free of charge to the general public, and under circumstances a reasonable person would understand that the purchase is in substance a donation.
B. Panhandling prohibited.
(1) Panhandling is prohibited within the Downtown Lowell Historic District, except that, for purposes of this section only, panhandling shall not include the act of passively standing or sitting or performing music, singing or other street performance with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person. Any police officer observing any person violating this provision may request or order such person to cease and desist in such behavior and may arrest such person if he or she fails to comply with such request or order.
(2) Aggressive panhandling prohibited. Panhandling in an aggressive manner is prohibited. Any police officer observing any person violating this provision may arrest such person.
C. Penalties.
(1) Criminal disposition. Any person who violates a provision of this section is guilty of a separate offense for each day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine of $50.
(2) Noncriminal disposition. Any person who violates any provision of this section may be penalized by a noncriminal disposition as provided for under MGL c. 40, § 21D. The Police Department shall enforce this section. The penalty for each violation shall be $50 for each day or part of a day during which the violation is committed, continued, or permitted.
D. Severability. If any section or application of this section shall be adjudged by any court of competent jurisdiction to be unconstitutional, the validity, legality and enforceability of the remaining sections or applications shall not in any way be affected or impaired thereby.