[HISTORY: Adopted May 1997 ATM by Art. 11
as Ch. 17 of the 1997 Bylaws. Amendments noted where applicable.]
No person shall throw stones, snowballs or other
missiles, or shoot with or use a bow and arrow, air gun or sling,
or play at ball in any street in the Town.
No person shall discharge a firearm in any street
of the Town, except in performance of a public duty or in self-defense.
No person shall permit any swine, horse, cow
or other cattle to go at large in any street in the Town.
No person shall willfully or negligently obstruct
the free passage of any travelers in any street in the Town.
No owner, driver, or other person having the
care of any team or vehicle shall stand or place such team or vehicle
in a street so as to obstruct unnecessarily or unreasonably any crosswalk
or the entrance or passage to or through any gate, door, stairway,
driveway or other passage opening on or from such street.
No person shall make any bonfire or other fire
in any street of the Town or on any public place or land.
No person shall ride or drive a horse or other
animal upon any of the sidewalks of the Town.
No person shall keep any swine within a distance
of 50 feet of any public place or street or dwelling house not his
own, without a permit from the Board of Health.
No refuse which does not originate in the Town
of Chatham shall be deposited in any public dumping ground.
No person shall throw or leave upon any street,
way, yard, vacant lot or public place in the Town not designated as
a public dumping ground, or in any pond or body of water, any swill,
garbage, rubbish, house offal, dead animals or refuse of any kind.
No foreign matter in the form of poisons or
chemicals (including pesticides and herbicides) shall be put into
any freshwater pond unless approved by the Board of Health and the
Conservation Commission.
No person shall attach or cause to be attached
to any guideposts of the Town any advertisements, placards or boards.
No person shall distribute or cause to be distributed
advertising, on handbills, cards, signs or in any form, by placing
the same on or in vehicles which are parked on the streets, in public
parking places or in other areas open to the public.
No person shall stand or remain in any doorway
or upon any stairs, doorstep, portico or other projection from any
house or building, or upon any wall or fence on or near any street
or public place (except on his own property), after having been requested
to move therefrom by the owner or any lawful occupant of the premises
or by any police officer employed by the Town.
A.
No person shall conduct a public dance, bowling alley,
or other public place of amusement between the hours of 2:00 a.m.
and 6:00 a.m.
B.
Unless otherwise licensed or authorized by the Select
Board, no public dance shall be conducted unless there is present
a police officer in uniform, who shall be designated by the Chief
of Police and whose services shall be paid for by the person or organization
conducting the dance.
[Amended 6-12-2021 ATM by Art. 55]
In order to preserve and promote the safety
of the public, the following restrictions and requirements shall apply
to structures, fences, shrubs, hedges and other plantings, and enclosure
walls (herein referred to as "roadside obstructions") on premises
within the Town which abut streets:
A.
No such roadside obstruction shall be permitted on
any such premises if it obstructs the view of motorists on such streets.
B.
Where streets intersect, no such roadside obstruction
(except a slatted or wire fence in which the solid area is not more
than 5% of the total area) shall be permitted on any corner lot between
horizontal parallel planes 2 1/2 feet and seven feet above the
street level within each triangular area bounded by side lines of
the streets and a straight line connecting points on such side lines
25 feet distant from each corner of the intersection. No off-street
parking shall be permitted within such triangular areas, and all trees
within such triangular areas shall have their limbs trimmed to the
height of at least six feet above the street level (shade trees subject
to the provisions of MGL c. 87).
C.
No roadside obstruction as described in this section shall be permitted within or along the layout of any Town road where the boundaries of said road are known or can be ascertained upon review of available public records. Any roadside obstruction placed within or along a Town road layout or within or on Town property that prevents or impedes motor vehicle parking and/or pedestrian passage shall be prohibited. Roadside obstructions deemed to be in violation of this section by the Chatham DPW Director or the Chatham Police Department Officer shall be removed immediately upon request by the person(s) that placed the roadside obstruction. Roadside obstructions that are removed immediately shall not be subject to penalties. If any roadside obstruction violation hereunder has not been corrected within seven days of a request to remove same, the provisions of Subsection D shall apply.
[Added 5-11-2015 ATM by Art. 34[1]]
[1]
Editor's Note: This article also redesignated former Subsection
C as Subsection D.
D.
In addition to the penalties provided for violation of these bylaws,
if the owner or occupant of premises on which a violation of this
section exists has not corrected such violation within seven days
after receipt of written notice by the Police Department or the Highway
Surveyor, the Highway Surveyor or the Tree Warden or their authorized
agents may perform the necessary trimming, pruning or other action
required to effect compliance with this section and the expense may
be charged to such owner or occupant.
[Amended 5-11-2015 ATM
by Art. 34]
[Amended 6-12-2021 ATM by Art. 55]
No person shall have more than one unregistered
and ungaraged motor vehicle or trailer that can be seen on his premises
from a public or private way in any district of the Town at any time
unless authorized by the Select Board. This section shall not be applicable
to a licensed new or used car dealer or licensed gasoline service
station.
A.
It shall be unlawful for any person or persons occupying,
having charge of, or being present in or about any building, structure,
premises, shelter, vehicle, boat or conveyance, or any part thereof,
in the Town (other than that section of any establishment licensed
under MGL c. 138) at any time to cause, suffer, allow or countenance
any unnecessary loud, excessive or unusual noise, including any such
noise in the operation of any radio, phonograph or other sound-making
device or instrument, or reproducing device or instrument, or in the
playing of any band, orchestra, musician or group of musicians or
in the use of any device to amplify the aforesaid, or the making of
loud outcries, exclamations or other loud or boisterous noise or loud
and boisterous singing by any person or group of persons or in the
use of any device to amplify the aforesaid noise, where such noise
is plainly audible at a distance of 150 feet from the building, structure,
premises, shelter, vehicle, boat or conveyance in which or from which
it is produced.
B.
The fact that the noise is plainly audible at said
distance of 150 feet shall constitute prima facie evidence of a violation
of this section. Any person shall be deemed in violation of this section
who shall make, or aid and abet, or cause, or suffer, or countenance,
or assist in making of any such noise.
A.
The serving or consumption of alcoholic beverages
of all kinds is prohibited in any public establishment, including
restaurants, inns, hotels and motels, excluding sleeping quarters,
unless said establishments are duly licensed to serve said alcoholic
beverages by the local licensing authority in accordance with the
provisions of MGL c. 138.
B.
It shall be unlawful for any person who has not attained
the age of 21 years to consume or have in his possession alcoholic
beverages in public places within the Town.
C.
It shall be unlawful for any person to consume alcoholic
beverages on public streets or in public parking places, including
vehicles thereon, within the Town.
A.
No person shall, between the hours of 8:00 p.m. and
8:00 a.m., sleep in the open or sleep in any vehicle, on any property,
public or private, without the permission of the owner of such property
within the Town
A.
No person shall park, store or occupy a tent, trailer,
camper, camping vehicle or mobile home within the Town for any purpose
whatsoever, except in a garage located on, or in the rear half of,
a lot owned and occupied by the owner of such tent, trailer, camper,
camping vehicle or mobile home. Such tent, trailer, camper, camping
vehicle or mobile home shall be placed on the lot so as to conform
to the setback requirements for the zoning district in which it is
located.
B.
Temporary occupancy of a construction or office trailer
on active construction sites for a period not to exceed six months
is permitted provided a permit is first obtained from the Building
Commissioner.
C.
Incidental parking of campers and camping vehicles
when used for transportation purposes only does not constitute a violation
of this section, nor does the use of a large tent in connection with
a one-time event, such as a wedding, festival or similar occasion,
with the prior approval of the Building Commissioner.
D.
For the purpose of this section the terms "camper,"
"camping vehicle," "trailer" and "mobile home" shall have the meanings
set forth in the Town Chatham Protective Zoning Bylaw.
No person, except an officer of the law in the
performance of his duties, shall enter upon or remain upon the premises
of another with the intention of peeking, spying or looking into the
window, door or other aperture of a house or other structure, in any
manner or upon any person or persons therein.
[Amended 6-12-2021 ATM by Art. 55]
No person shall vend, hawk, or peddle goods
for sale on publicly owned property within the Town of Chatham except
by special permit from the Select Board.
[Amended 5-14-2001 ATM by Art. 30; 5-12-2008 ATM by Art. 32; 5-11-2015 ATM by Art. 32]
A.
The purpose of this bylaw is to limit the amount, size and type of
outdoor displays (or outdoor sales) in order to help maintain the
aesthetic continuity of the downtown business district, its sense
of orderliness and tone, and to allow the appropriate movement and
safety of pedestrians in a crowded area.
B.
The downtown business district is in the geographical area within
an area of 250 feet on either side of Main Street from the western
side of the rotary to Mulford Howes Lane.
C.
The outdoor display (or outdoor sale) of goods or merchandise shall be prohibited except as allowed in Subsection D.
D.
Permit.
(1)
Upon application made to the Director of Community Development, or
his/her appointed designee, a permit may be granted to display a single
item (or grouping of items) for placement on, upon or against the
outer wall or door of the commercial establishment, with such item
(or grouping of items) to be limited in size, height, type, arrangement
and placement as the Director/designee, in his/her reasonable discretion
and giving consideration to the setting and physical structure of
the commercial establishment, may determine is in keeping with the
purpose of this bylaw.
(a)
A permit may be granted for up to one year, subject to renewal,
and may be conditioned on such basis as the Director/designee deems
appropriate, or may be denied as not being in keeping with the purposes
of this bylaw.
(b)
Any denial or conditions imposed on such application may be
appealed to the Select Board.
[Amended 6-12-2021 ATM by Art. 55]
(c)
The Director/designee shall act to approve, deny or approve
with conditions any such application within 21 days following the
proper filing of same (which period can be extended by agreement of
the applicant), failing which the application shall be deemed to have
been approved.
(2)
Special events such as church, library and other charitable or nonprofit
outdoor displays, sales and fairs, one-day/weekend business district-wide
and holiday displays and sales, or other similar limited and specific
activities which include the outdoor display or outdoor sale of goods
or merchandise, shall require the filing of an application with and
the receipt of a permit from the Select Board. After holding a public
meeting, the Board may grant or deny such application or make such
permit subject to limits and conditions as the Board may determine
to be in keeping with the purposes of this bylaw, including but not
limited to making any such permit applicable on a year-to-year basis,
unless, in the judgment of the Board, there are material changes in
the scope and nature of the activities and/or display/sale involved.
[Amended 6-12-2021 ATM by Art. 55]
E.
The Select Board shall have the power and authority, after a public
hearing, to establish further regulations, not inconsistent with this
bylaw, to define and/or clarify the above provisions.
[Amended 6-12-2021 ATM by Art. 55]
F.
Violations of this section shall be subject to noncriminal disposition pursuant to the provisions of Chapter 1, § 1-7A through D of these bylaws; provided, however, that:
(1)
The Director of Community Development or his/her designee shall be
considered as an additional enforcing person(s) for purposes of these
provisions.
(3)
In addition to the penalties set forth above, the Director or his/her
designee shall be authorized to institute any and all actions and
proceedings as may be necessary and appropriate to obtain compliance
with this section, including injunctive relief to enjoin and restrain
any violations or threatened violations thereof, or take any other
action in relation thereto.
[Added 5-12-2008 ATM by Art. 26]
In order to preserve and promote the safety
of the public, the following restrictions shall apply to the use of
the drawbridge:
A.
No person or persons may fish from the draw span over
the navigation channel in the designated no fishing area.
B.
No person or persons may jump or dive from any portion
of the bridge into the water.
C.
No unauthorized vehicles may stop or park on the drawbridge
or approaches between the east and west road gates.
D.
When the bridge is being opened or being prepared
to open, persons traveling over the bridge shall follow the directions
of the bridge tender. Vessel operators transiting under the bridge
span shall also follow the instructions of the bridge tender.
E.
All vessels transiting under the bridge shall pass
in accordance with CFR Title 33, Section 117.15, "Signals."
[Added 5-14-2018 ATM by Art. 18]
A.
The purpose of this bylaw is to address public concerns regarding
the environmental hazards to wildlife and marine life in the Town
of Chatham posed by the release and improper disposal of balloons.
B.
Effective September 15, 2018, no person shall sell or distribute
to the public any type of balloon (including, but not limited to,
plastic, latex, rubber or Mylar balloons) inflated with any type of
lighter-than-air gas (including, and not limited to, helium gas).
For purposes of this bylaw, a "lighter-than-air-gas" refers to a gas
that is buoyant in air because it has an average density lower than
that of air.
C.
No person shall throw, deposit, discard, or otherwise discharge inflated
or uninflated balloons into any street, alley, waterway, park, beach,
or other public place in the Town of Chatham.
D.
Further, no person shall knowingly release or cause to be released
into the air any balloon(s) inflated with any lighter-than-air gas
(including, and not limited to, helium gas).
(1)
Launching or operation of lighter-than-air aircraft or the launching
of balloons inflated with lighter-than-air gas by government agencies
or scientific organizations is allowed.
F.
Any police officer of the Town of Chatham shall be an enforcing authority
for purposes of this bylaw.
[Added 5-13-2019 ATM
by Art. 66]
A.
Intentions and findings.
(1)
It has been found that:
(a)
Plastic straws are rarely recycled.
(b)
Chatham's proximity to the ocean means that plastic straws that
go uncollected by DPW have a high chance of ending up on beaches or
in bodies of water.
(c)
Plastic straws take up to 200 years to degrade and are never
fully absorbed by the planet.
(d)
The degrading of plastic straws releases chemicals toxic to
wildlife and the environment.
(e)
The United States uses 500 million straws per day.
(f)
There is currently a national movement to reduce and ban the
use of plastic straws and reasonable affordable alternatives are available.
(2)
Because Chatham has a duty to protect the natural environment, the
economy, and the health of its citizens, this amendment proposes to
ban the sale or dispensing of single-use plastic straws, including
those made from polyethylene, polypropylene, and polystyrene, by any
food establishment, retail establishment, or public venue in the Town
of Chatham.
B.
FOOD ESTABLISHMENTS
PLASTIC STRAW
PUBLIC VENUES
RETAIL ESTABLISHMENTS
Definitions.
Any operations including without limitation schools, farmers
markets and other public venues that store, prepare, package, serve,
vend or otherwise provide food for human consumption. Any establishment
requiring a permit to operate in accordance with the State Food Code,
105 CMR 590.000 et seq., shall be considered food establishments for
the purposes of this bylaw.
Any single use plastic straw including but not limited to
those made from polyethylene, polypropylene, and polystyrene.
Operations including but not limited to meeting halls, churches,
schools, Town buildings and offices.
Any commercial business facility that sells goods directly
to consumers including but not limited to grocery stores, pharmacies,
liquor stores, convenience stores, retail stores and vendors selling
clothing, food, and personal items, dry cleaning services, theaters
and all other food services establishments.
C.
Use regulations. Plastic straws shall not be used, dispensed, or
sold by food establishments and/or retail establishments within the
Town of Chatham on or after January 1, 2020. Any stock remaining after
that date shall be accepted for disposal free of charge, through January
31, 2020, at the Chatham Transfer Station.
D.
Administration and enforcement.
(1)
This Bylaw may be enforced by any Town Police Officer or agent of the Board of Health through any lawful means in law or in equity, including but not limited to noncriminal disposition pursuant to MGL c. 40, § 21D, and Article VII General Section 37, Penalties And Enforcement of the Town's General Bylaws. If noncriminal disposition is elected, then any establishment which violates any provision of this Bylaw shall be subject to the following penalties:
(2)
Offenses occurring within two years of the date of first reported
offense will be considered as subsequent offenses. Each day or portion
thereof shall constitute a separate offense, to do or act anything
thereon. The Board of Health, after a hearing conducted in accordance
with the procedures set forth in 105 CMR 590.14 and 590.15, may suspend
or revoke the food service permit for any establishment failing to
comply with this bylaw.
E.
Severability. If any provision of this bylaw is declared invalid,
or unenforceable, the other provisions shall not be affected thereby.
