(A0606-06; C0419-16; C0036-20; C0216-20; amended 12-27-2021 by Ord. No. C0047-21)
The following acts, omissions, places, conditions and things are hereby declared to be public nuisances:
(a) 
Common Law – Any public nuisance known as common law or in equity jurisprudence.
(b) 
In General – Any act, occupation, condition, or use of property (real or personal) which shall continue for such length of time as to:
(1) 
Substantially annoy, injure or endanger the comfort, health, repose, safety or expectation of quiet enjoyment of the public;
(2) 
In any way render the public insecure in life or in use of property;
(3) 
Greatly offend the public morals or decency;
(4) 
Unlawfully and substantially interfere with, or obstruct, or tend to obstruct or render dangerous for passage any street, alley, highway, navigable body of water or other public way or the use of public property.
(c) 
Code Violation – The open, continuous, repeated or intentional violation of the City ordinances or state and federal laws relating to the public health, safety, peace, morals or welfare.
(d) 
Blighted Premises – Any structure, building, improvement or premises which is a menace to public health, safety, moral or welfare in the present condition, or which endangers life or property by threat of fire or other hazard, due to any of the following reasons:
(1) 
Faulty design or construction;
(2) 
Failure to maintain the premises; or
(3) 
The accumulation thereon of junk, garbage or rubbish.
(e) 
Attractive Nuisance – Any artificial condition existing on land which presents an unreasonable risk of harm to children, who, because of their youth, may not discover the condition or realize the risk of intermeddling or coming with the area of danger, and the utility to the possessor of maintaining the condition and the burden of eliminating the danger are slight as compared to the risk to children. Attractive nuisances shall include, but are not limited to, the following:
(1) 
Vacant buildings or structures which possess unsecured doors or windows;
(2) 
Abandoned wells or shafts which are not securely sealed or covered;
(3) 
Basements and excavations which are unprotected or unfenced;
(4) 
Abandoned refrigerators or freezers which do not have the doors removed;
(5) 
Structurally unsound fences and structures;
(6) 
Abandoned, untitled or unlicensed motor vehicles that possess unsecured doors, windows, or trunks.
(7) 
Abandoned shopping carts.
(f) 
Public Health – The following acts omissions, places, conditions and things are hereby specifically declared to be public nuisances affecting public health, but such enumeration shall not be construed to exclude other health nuisances:
(1) 
Adulterated Food - all decayed, harmfully adulterated or unwholesome food sold or offered to the public for human consumption;
(2) 
Unburied Carcasses – Carcasses of animals, birds, fowl not intended for human consumption or food which are not buried or otherwise disposed of in an appropriate sanitary manner within 24 hours after death;
(3) 
Breeding Places for Vermin, Etc. –
Accumulation of decayed animal or vegetable matter, garbage, refuse, rubbish, rotting lumber, packing materials, scrap metal or any materials whatsoever in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed;
(4) 
Stagnant Water – All stagnant water or other liquids in which mosquitoes, flies or other insects can breed;
(5) 
Improper Use of Garbage Cans – Garbage containers that are not fly-tight or that are placed on the public way at such time or in such a manner as to violate or cause a violation of Article III of Chapter 16 of the City Ordinances.
(6) 
Improper Use of Dumpsters – The use or maintenance of a commercial garbage container commonly known as a dumpster in a manner that violates Division 2 of 16-71 of the City Ordinances.
(7) 
Noxious Weeds – any living stage, such as seeds and reproductive parts, of any parasitic or other plant of a kind, which is of foreign origin, is new to or not widely prevalent in the United States, and can directly or indirectly injure crops, other useful plants, livestock, or poultry or other interests of agriculture, including irrigation, or navigation, or the fish or wildlife resources of the United States or the public health.
(8) 
Air Pollution – The emission or escape into the open air of such quantities of smoke, ash, dust, soot, cinders, acid or other fumes, dirt or other material of noxious gases in such place or manner that causes or is likely to cause injury, detriment or nuisance to any appreciable number of persons within the City;
(9) 
Water Pollution: The pollution of any public well or cistern, stream, dam, river or other body of water; the discharge directly or indirectly into any catch basin, storm drain or sanitary sewer of gasoline or other explosive or inflammable substance or any other matter or thing which may tend to cause an obstruction thereof or deposit therein, or any injury thereto in violation of sections 15-16, 15-17 of the City Ordinances or State or Federal Law.
(10) 
Noxious Odors, Etc. –
The continuous use of property, substances or things within the City emitting or causing any foul offensive, poisonous, nauseous, noxious or disagreeable odors, gases, effluvia or stenches repulsive to persons of ordinary sensibilities, or which annoy, discomfort, injure or inconvenience the health of any appreciable number of persons within the City. Nothing in this section shall be construed to prohibit odors of a temporary nature or those emitted by cooking or fertilizing a garden.
(11) 
Highway Pollution – Any use of property which shall cause any nauseous or unwholesome liquid or substance to flow into or upon any street, highway, gutter, alley, sidewalk or public place within the City;
(12) 
Animals at Large – All animals running at large. An animal is considered to be running at large if it is off the premises of its owner and not under the control of the owner or some other person;
(13) 
Accumulation of Waste – Accumulations of garbage, refuse, rubbish or recyclable waste which exist for more than ten (10) consecutive days and which are not stored completely in an enclosed structure designed and approved for said use.
(g) 
Public Peace and Safety – The following acts, omissions, places, conditions, and things are hereby declared to be public nuisances affecting peace and/or safety, but such enumeration shall not be construed to exclude other nuisances:
(1) 
Signs, Billboards, Etc. –
All signs, billboards, awnings and other similar structures over or near streets, sidewalks, public grounds, or places frequented by the public, which are so situated or which because of its color, location, brilliance or manner of operation can be presumed as to endanger the public safety, to subtract from the aesthetic value of the building or area or in violation of Section 71.0 of this Chapter or Chapter 15A of the City Ordinances;
(2) 
Graffiti – The existence of graffiti on public or private property in violation of the City Ordinances is expressly declared to be a public nuisance and, therefore, is subject to removal and abatement provisions specified in Section 13-2.5 of the City Ordinances.
(3) 
Unauthorized Traffic Signs – All unauthorized signs, signals, markings or devices placed or maintained upon or in view of any public highway or railway crossing which purports to be or may be mistaken as an official traffic control device, railroad sign or signal, or which because of its color, location, brilliance or manner of operation interfere with the effectiveness of any such official device, sign or signal;
(4) 
Improper Structure or House Numbering - Every dwelling house and other structure without proper street numbers affixed thereto in violation of section 17-5 of the City Ordinances.
(5) 
Obstructions of Streets and Excavations – All obstructions of streets, alleys, sidewalks or crosswalks and all excavations in violation of any appropriate sections of Chapters 17 and 18 of the Revised Ordinances of the City of Everett, or which, although made in accordance with the Ordinances, are kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished or do not conform to the permit issued;
(6) 
Litter -Any quantity of uncontainerized paper, metal, glass, plastic or miscellaneous solid waste which may be classified as trash, debris, rubbish, refuse, garbage or junk in violation of Article II and/or Article III of Chapter 16 of the City Ordinances.
(7) 
Open Cisterns, Wells, Basements or Other Dangerous Excavations – Any open cisterns, cesspools, wells, unused basements, excavations, swimming pools as provided for in 4-2 of the City Ordinances, or other dangerous openings unless such places are filled, securely covered or fenced in such a manner as to prevent injury, provided any cover shall be of a design, size and weight that the same cannot be easily removed, especially by children;
(8) 
Abandoned Refrigerators – Any abandoned, unattended or discarded ice box, refrigerator, or other container which has an airtight door or lid, snap lock or other locking device which may not be released from the inside;
(9) 
Tree Limbs – All limbs of trees which project over a public sidewalk less than ten (10) feet above the surface thereof and all limbs which project over a public street less than fourteen (14) feet above the surface thereof.
(10) 
Dead Trees – All dead or dying trees and tree limbs, which are so situated that the tree or limb could fall on a public or private street, alley, sidewalk, parking lot, house, garage, playground equipment or other structure. A tree limb shall be presumed to be dead or dying if 50% or more of the tree or limb does not have leaves or other growth consistent with the on it during the growing season;
(11) 
Fireworks – All use or display of fireworks, except as provided by the laws of the Commonwealth of Massachusetts,
(12) 
Wires Over Streets – All unauthorized wires over streets, highways, alleys or public grounds which are strung less than fifteen (15) feet above the surface thereof;
(13) 
Noisy Animals or Fowl – The keeping or harboring of any animal or fowl which, by frequent or habitual howling, yelping, barking crowing, or other noise which greatly annoys or disturbs a person of ordinary sensibilities or any number of persons within the City;
(14) 
Loud and Unnecessary Noises
a. 
General Prohibition – No person shall make, continue or cause to be made or continued, any loud and unnecessary sound or noise tending to annoy, disturb or deny expectation of quiet enjoyment to a person of ordinary sensibilities in or about any public street, highway, alley, park or private residence.
b. 
Specific Acts Prohibited – The following acts are declared to constitute loud and unnecessary noise in violation of this section, but the following list should not be deemed to be exhaustive or inclusive:
1. 
Horns, Signaling Devices – The sounding of any horn or signaling device on any motor vehicle in the City for longer than three seconds in any period of one minute, except as a danger warning.
2. 
Radios, Stereos – The use, operation or playing of any radio, stereo, phonograph, musical instrument or other machine or device for producing or reproducing sound or music between the hours of 10:00 PM and 7:00 AM in such a manner so as to permit the sound emanating therefore to be plainly audible at the property line of the building, structure, apartment in which such device is located.
3. 
Loudspeakers, Amplifiers for Advertising – The use or operation of any radio, stereo, phonograph, musical instrument or other machine or device for producing or reproducing sound which is cast upon any public street, alley or highway for the purpose of commercial advertising or attracting attention of the public to the building, business or enterprise from which the sound is cast.
4. 
Animals, Birds – The keeping of one or more animals or birds which individually or in combination, bark or chirp frequently or for long periods of time, and which thereby create a noise plainly audible at the property line of the building, structure or apartment in which they are located.
5. 
Exhaust – The ownership or operation of any motor vehicle or other combustible engine that does not have an adequate muffler in constant operation and properly maintained to prevent excessive or unusual noise. The equipping of any muffler or exhaust system with a cutout, bypass or similar device, or the modifying of any muffler or exhaust system in a manner which will amplify or increase the noise emitted by the engine above that emitted by the muffler or exhaust system originally installed shall constitute a violation of this section.
6. 
Construction work in residential districts – The erection, excavation, demolition, alteration or repair of any building in a residential zoning district attended by loud or unusual noise shall not be allowed on Sundays or between the hours of 7:00 p.m. and 7:00 a.m. on other days of the week.
7. 
Construction work in non-residential districts – Regulations regarding the erection, excavation, demolition, alteration or repair of any building in a non-residential zoning district attended by loud or unusual noise are located in Section 12-2002(b)(6) of these Revised Ordinances.
8. 
Alarms – Any vehicle alarm or any alarm system in violation of 14-57 of the City Ordinances by emitting a continuous and uninterrupted signal for more than thirty (30) minutes which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by him, and which disturbs the peace, comfort or repose of a community, a neighborhood or a considerable number of inhabitants of the area where the alarm system is located, shall constitute a public nuisance.
(h) 
Public Morals and Decency – The following acts, omissions, conditions and things are hereby specifically declared to be nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances, which may offend public morals and decency:
(1) 
Disorderly Houses – All disorderly houses, bawdy houses, houses of ill fame, gambling houses and buildings or structures kept or resorted to for the purposes of prostitution, promiscuous sexual activities or gambling.
(2) 
Gambling Devices – All gambling machines and gambling places as defined in the Massachusetts General Laws.
(3) 
Unlicensed Sale of Liquor or Beer – All places where intoxicating liquor or fermented malt beverages are sold, possessed, stored, brewed, bottled, manufactured or rectified without a permit or license as required by Massachusetts General Laws.
(4) 
Illegal Drinking or Drugs – Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages, or for the purpose of consuming drugs or other illegal substances in violation of State Law.
(i) 
Buildings, Structures and Premises – The following acts, omissions, conditions and things are hereby specifically declared to be nuisances affecting buildings, structures and premises, but such enumeration shall not be construed to exclude other nuisances regarding buildings and structures:
(1) 
Illegal Buildings – All buildings erected, repaired, altered or used in violation of the provisions of the Revised Ordinances of the City of Everett or the Laws of the Commonwealth.
(2) 
Illegal Lodgings – Any domicile erected, repaired, altered or used for the purpose of letting rooms or subletting space to persons for the use as living quarters as to be dangerous, unsafe, unsanitary, in violation of the provisions of the Revised Ordinances of the City of Everett or the Laws of the Commonwealth or otherwise unfit for human use or occupancy.
(3) 
Illegal Lodging House -Any house erected, repaired, altered or used for the purpose of letting to four or more persons not within the second degree of kindred to the person conducting it that is not duly licensed as a Lodging House by the City of Everett, but shall not include dormitories of charitable or philanthropic institutions or convalescent or nursing homes licensed under MGL Ch. 111 § 71 or rest homes so licensed, or group residences licensed or regulated by agencies of the commonwealth.
(4) 
Dilapidated Structures – All buildings or structures so old, dilapidated, abandoned or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use or occupancy.
(5) 
Unoccupied Buildings – All unoccupied buildings not in conformance with 8-2 of the City Ordinances which required automatic fire or smoke detection systems in said buildings.
(6) 
Rodents – Every foundation, exterior wall, roof, window, exterior door, basement hatchway and every other entrance to a structure which is not maintained to prevent the entrance and harborage of rats, mice or other vermin.
(7) 
Fences – Every fence that is not kept in a reasonably good state of repair and resulting in a dangerous condition.
(8) 
Motor Vehicles – Abandoned, untitled or unlicensed motor vehicles that are not stored in a completely enclosed structure.