[Added 6-10-1996]
7-501.1.
Purpose
and Findings. Town Council may invoke and remove the Youth Protection
Curfew at their discretion.
7-501.2.
Definitions.
For the purpose of this section, the following words and phrases shall
have the following meanings:
(a)
CURFEW
HOURS — Means 11:00 P.M. until 5:00 A.M. on any and all seven
days of the week.
(b)
EMERGENCY
— Means an unforeseen combination of circumstances or the resulting
state that calls for immediate action. The term includes, but is not
limited to, a fire, a natural disaster, or an automobile accident,
or any situation requiring immediate action to prevent serious bodily
injury or loss of life.
(c)
ESTABLISHMENT
— Means any privately owned place of business operated for a
profit to which the public is invited including, but not limited to,
any place of amusement or entertainment.
(e)
MINOR
— Means any person less than 17 years of age.
(f)
OPERATOR
— Means any individual, firm, association, partnership, or corporation
operating, managing, or conducting any establishment. The term includes
the members or partners of an association or partnership and the officers
of a corporation.
(h)
PUBLIC
PLACE — Means any place to which the public or a substantial
group of the public has access and includes, but is not limited to,
streets, highways, parks, playgrounds and the common areas of schools,
hospitals, apartment houses, office buildings, commercial or industrial
buildings, transport facilities, shops and businesses.
7-501.3.
Offenses.
(a)
A
minor commits an offense if he/she remains, either on foot or in a
vehicle, in any public place or on the premises of any establishment
within the Town of Southbridge during youth protection curfew hours.
(b)
A
parent or guardian of a minor commits an offense if he knowingly permits,
or by insufficient control allows, the minor to remain, either on
foot or in a vehicle, in any public place or on the premises of any
establishment within the town during youth protection curfew hours.
(c)
The
owner, operator or any employee of an establishment commits an offense
if he knowingly allows a minor to remain upon the premises of the
establishment during youth protection curfew hours.
7-501.4.
Defenses.
(a)
It
is a defense to prosecution under Section 7-501.3(a) and (b) that
the minor was:
(1)
Accompanied by the minor’s parent or guardian,
(2)
On an errand at the direction of the minor’s parent or guardian,
without any detour or stop,
(3)
In a motor vehicle involved in interstate travel,
(4)
Engaged in an employment activity, or going to or returning home
from an employment activity, without detour or stop,
(5)
Involved in an emergency,
(6)
On the sidewalk abutting the minor’s residence or abutting
the residence of a next door neighbor if the neighbor did not complain
to the police department about the minor’s presence,
(7)
Attending an official school, religious, or other activity supervised
by adults and sponsored by the Town of Southbridge, a civic organization,
or another similar entity that takes responsibility for the minor,
or going to or returning home from, without any detour or stop, an
official school, religious, or other recreational activity supervised
by adults and sponsored by the Town of Southbridge, a civic organization
or other similar entity that takes responsibility for the minor,
(8)
Exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech,
and the right of assembly, or
(9)
Married or had been married and was in compliance with the provisions
of MGL Chapter 207, Sections 7 and 25, as amended.
(b)
It
is a defense to prosecution under Section 7-501.3(c) that the owner,
operator, or employee of an establishment promptly notified the police
department that a minor was present on the premises of the establishment
during youth protection curfew hours and refused to leave.
7-501.5.
Enforcement. Enforcement
for violation of this section shall be by noncriminal disposition
as hereinafter provided. Before taking any enforcement action under
this section, a police officer shall ask the apparent offender’s
age and reason for being in the public place or on the premises of
an establishment. The officer shall not issue a notice to appear under
Section 7-501.6 for a violation of this section unless the officer
reasonably believes that an offense has occurred and that based on
any response and other circumstances, no defense under Section 7.501.4
is applicable.
7-501.6.
Penalty.
(a)
Non-Criminal
Disposition – Any person who violates any provision of this
section may be penalized by a non-criminal disposition as provided
for under MGL Chapter 40, Section 21D, as amended. This section shall
be enforced by a police officer of the Town of Southbridge who shall
issue a "Notice to Appear" in court. The penalty for each violation
shall be under Schedule of Penalties A through C, for each day or
part of a day during which the violation is committed, continued or
permitted. A copy of the "Notice to Appear" in court which is given
to a minor shall be forwarded to the parent(s) or guardian(s) of said
minor for informational purposes.
7-501.7.
Conclusion. The
Youth Protection Curfew By-law is a tool established for the protection
of children. Judgment and discretion should be used fairly and equally
in enforcing this By-law. Juveniles who are contacted in violation
of the curfew By-law can be warned, directed to go to their home,
may be taken to their home, summonsed to court, arrested and taken
into custody, or issued a non-criminal violation notice to appear.
The officer should choose an appropriate enforcement option based
upon all the circumstances encountered.
7-501.8.
Construction
and Severability. Severability is intended throughout and within the
provisions of this By-law. If any provision, including inter alia,
any exception, part, phrase or term or the application of a provision
to any person or circumstances is held to be invalid, other provisions
or the application of a provision to other persons or circumstances
shall not be affected thereby. It is intended that the By-law would
not be applied where its application would be unconstitutional.
[Added 10-06-1997]
7-502.1.
A
person is guilty of disorderly actions if a person knowingly or purposely
creates a condition which is hazardous to him or another in a public
place by:
(a)
Engaging
in fighting or violent, tumultuous or threatening behavior in a public
place; or
(b)
Directing
at another person in a public place obscene, derisive, or offensive
words which are likely to provoke reaction on the part of any ordinary
person; or
(c)
Obstructing
vehicular or pedestrian traffic on any public street or sidewalk or
the entrance to any public building; or
(d)
Engaging
in conduct in a public place which substantially interferes with a
criminal investigation, a firefighting operation, the provision of
emergency medical treatment, or the provision of other services when
traffic or pedestrian management is required; or
(e)
Knowingly
refusing to comply with a lawful order of a peace officer to move
from any public place.
7-502.2.
A
person is guilty of disorderly actions if a person knowingly or purposely
causes a breach of the peace, public inconvenience, annoyance or alarm,
or recklessly creates a risk thereof by:
(a)
Making
loud or unreasonable noises in a public place, or making loud or unreasonable
noises in a private place which can be heard in a public place or
other private places, which noises would disturb a person of average
sensibilities; or
(b)
Disrupting
the orderly conduct of business in any public or governmental facility;
or or
(c)
Disrupting
any lawful assembly or meeting of persons without lawful authority;
or
7-502.3.
LAWFUL ORDER
(a)
(b)
PUBLIC PLACE
Definitions.
In this section:
Means:
a command issued to any person for the purpose of preventing
said person from committing any offense when the officer has reasonable
grounds to believe that said person is about to commit any such offense,
or when said person is engaged in a course of conduct which makes
his commission of such an offense imminent; or
a command issued to any person to stop him from continuing to
commit any offense when the officer has reasonable grounds to believe
that said person is presently engaged in conduct which constitutes
any such offense.
Means any place to which the public or a substantial group
has access. The term includes, but is not limited to, public ways,
sidewalks, schools, hospitals, government offices or facilities, and
the lobbies or hallways of apartment buildings, dormitories, hotels
or motels.
|
Violations of this by-law shall be enforceable through non-criminal disposition pursuant to G.L. c.40, §21D and Section 1-111 of the By-laws, and for such purposes, the following penalties shall apply:
| |
|
Offense
|
Penalty
|
|
First offense in a calendar year
|
$50.00
|
|
Second offense in a calendar year
|
$75.00
|
|
Third and subsequent offenses in a calendar year
|
$100.00
|
[Added 9-22-1997]
7-503.1.
Unlawful
Noise. Declaration of Nuisance – It is hereby found and declared
that the making, creation, or maintenance of excessive, unnecessary,
unnatural or unusually loud noise, which is prolonged, unusual, and
unnatural in its time, place and use, and constitutes an annoyance
to a person of ordinary sensibility to sound, is hereby declared unlawful
noise:
7-503.2.
General
Noise Prohibition.
(a)
No
person within the town shall make, continue, or cause to be made or
continued any unlawful noise which annoys, disturbs, injures or endangers
the comfort, repose, health, peace or safety of any reasonable person,
of normal sensitivity, residing in the area.
(b)
The
characteristics, standards, and conditions to be considered in determining
whether a violation of the provisions of this section exists shall
include, but shall not be limited to, the following:
(1)
The volume of the noise.
(2)
The intensity of the noise.
(3)
Whether the nature of the noise is usual or unusual.
(4)
Whether the origin of the noise is natural or unnatural.
(5)
The volume and intensity of the background noise, if any.
(6)
The proximity of the noise to residential sleeping facilities.
(7)
The nature and zoning of the area within which the noise emanates.
(8)
The density of the inhabitation of the area within which the noise
emanates.
(9)
The time of the day or night the noise occurs.
(10)
The duration of the noise.
(11)
Whether the noise is recurrent, intermittent or constant.
(12)
Whether the noise is produced by a commercial or non-commercial activity.
(c)
The
following acts, among others, are declared to be unlawful noises in
violation of this By-law, but said enumeration shall not be deemed
to be exclusive, namely:
(1)
Motor Noises: Any noise made by the motor of any automobile, truck,
tractor, and motorcycle, not reasonably required in the operation
thereof under the circumstances including, but not limited to, backfiring,
motor racing, and screeching of tires because of rapid acceleration
or excessive speed.
(2)
Horns, Signaling Devices: The sounding of any horn or signaling device
on any automobile, motorcycle or other vehicle on any street or public
place of the town, except as a danger warning; the creation by means
of any such signaling device of any unreasonably loud or harsh sound;
and the sounding of any such device for an unnecessary and unreasonable
period of time. The use of any signaling device except one operated
by hand or electricity; the use of any horn, whistle or other device
operated by engine exhaust; and the use of any such signaling device
when traffic is for any reason held up.
(3)
Exhausts: The discharge into the open air of the exhaust of any steam
engine, stationary internal combustion engine, motor boat, or motor
vehicle except through a muffler or other device which will effectively
prevent loud or explosive noise there from. No person while on a public
or private highway, street or road shall operate a motor vehicle or
motorcycle with the muffler or baffles cut out or removed.
(4)
Defect in Vehicle or Load: The use of any automobile, motorcycle,
or vehicle so out of repair, so loaded or in such manner as to create
loud and unnecessary grating, grinding, rattling or other noise.
(5)
Rails, Pillars and Columns, Transportation Thereof: The transportation
of rails, pillars, or columns of iron, steel or other material, over
and along streets and other public places upon carts, trays, cars,
trucks, or in any other manner so loaded as to cause loud noises or
as to disturb the peace and quiet of such streets or other public
places.
(6)
Loading, Unloading, Opening Boxes: The creation of a loud and excessive
noise in connection with loading or unloading any vehicle or the opening
and destruction of bales, boxes, crates, and containers.
(7)
Power Tools and Equipment: The use and operation between the hours
of 10:00 P.M. and 7:00 A.M. of any power tool, saw, poser planer,
or other power tool or appliance, such as a lawn mower, and non-power
tools, such as a saw or hammer, so as to disturb the quiet, comfort,
or repose of persons in any dwelling hotel, motel, apartment, or other
type of residence, or of any person in the vicinity.
(8)
Pile Drivers, Hammers: The operation between the hours of 10 P.M.
and 7 A.M. of any pile driver, steam shovel, pneumatic hammer, derrick,
steam or electric hoist or other appliance, the use of which is attended
by loud or unusual noise.
(9)
Blowers: The operation of any noise-creating blower or power fan
or any internal combustion engine, between the hours of 10 P.M. and
7 A.M., the operation of which causes noise due to the explosion of
operating gases or fluids, unless the noises from such blower or fan
is muffled and such engine equipped with a muffler device sufficient
to deaden such noise.
(10)
Construction or Repairing of Buildings: The erection (including excavation),
demolition, external alteration or repair of any building other than
between the hours of 7 A.M. and 10 P.M. except in case of urgent necessity
in the interest of public health and safety, and then only with a
permit from the inspector of buildings, which permit may be granted
for a period not to exceed 3 days or less while the emergency continues
and which permit may be renewed for periods of 3 days or less while
the emergency continues. If the inspector of buildings should determine
that the public health and safety will not be impaired by the erection,
demolition, alteration or repair of any building or the excavation
of streets and highways within the hours of 10 P.M. and 7 A.M., and
if he shall further determine that loss or inconvenience would result
to any party in interest, he may grant permission for such work to
be done within the hours of 10 P.M. and 7 A.M., upon application being
made at the time the permit for the work is awarded or during the
progress of the work.
(11)
Hawkers and Peddlers: The shouting and crying of peddlers, hawkers
and vendors which disturbs the peace and quiet of the neighborhood.
(12)
Yelling and Shouting: Yelling, shouting, hooting, or singing on the
public streets, particularly between the hours of 10 P.M. and 7 A.M.
or at any time or place so as to annoy or disturb the quiet, comfort,
or repose of persons in any office, or in any dwelling, hotel or other
type of residence, or of any persons in the vicinity. Noise that disturbs
two or more residents who are in general agreement as to the times
and durations of the noise, and who reside in the immediate vicinity
of the property from which the noise emanates, shall be prima facia
evidence of a violation of this section.
(13)
Animals and Birds: The keeping, or allowing to be kept, of any animal
or bird, which by any frequent or long continued noise shall cause
annoyance or discomfort to a reasonable person of normal sensitivity.
The noise of any such animal or bird that disturbs two or more residents
who are in general agreement as to the times and durations of the
noise, and who reside in the immediate vicinity of property on which
the subject animal or bird is kept, shall be prima facie evidence
of a violation of this section.
(14)
Radios and Other Such Devices: The use, operation or permitting to
be played, used, or operated, any sound production or reproduction
device, radio receiving set, musical instrument, drums, stereo, television
set, loudspeakers, sound amplifiers or other machine or device for
the producing or reproducing of sound in such a manner as to disturb
the peace, quiet and comfort of any reasonable person of normal sensitivity
in any dwelling, hotel, hospital or other type of residence, or of
any person in the vicinity thereof. The operation of any such sound
producing device between the hours of 10 P.M. and 7 A.M. in such a
manner as to be plainly audible at a distance of 50 feet from the
building, structure, or vehicle from which the sound emanates shall
be prima facie evidence of a violation of this section.
(15)
Loud Speakers, Amplifiers for Advertising: The using, operating or
permitting to be played, used, or operated of any radio receiving
set, musical instrument, phonograph, loudspeaker, sound amplifier,
or other machine or device for the producing or reproducing of sound
upon the public streets for the purpose of commercial advertising
or attracting the attention of the public to any building or structure
unless permitted.
7-503.3.
Exemptions.
The following uses and activities shall be exempt from the noise prohibitions
described in Sections 7-503.1 and 7-503.2 of this By-law:
(a)
Noises
of safety signals, warning devices, and emergency pressure relief
valves;
(b)
Warning
devices: any alarm, siren, bell, or whistle required by OSHA or other
state or federal safety regulations;
(c)
Noises
resulting from any authorized emergency vehicle when responding to
an emergency call or acting in time of emergency, or in connection
with official police or fire business;
(d)
Noises
resulting from emergency work as necessary to restore property to
a safe condition following a public calamity or work required to protect
persons or property from imminent exposure to danger, such as the
removal of snow or debris after a storm;
(e)
Ambient
traffic noise generated by vehicles traveling on federal interstate
highways or state defined primary or major secondary highways;
(f)
Any
aircraft operated in conformity with, or pursuant to, federal law,
federal air regulations, and air traffic control instruction used
pursuant to and within the duly adopted federal air regulations. Moreover,
any aircraft operating under technical difficulties, in any kind of
distress, under emergency orders of air traffic control or being operated
pursuant to and subsequent to the declaration of an emergency under
federal air regulations;
(g)
All
noises, resulting from normal operations of railroad trains are exempt,
provided, however, that excessive use of railroad train signaling
devices are declared to be loud, disturbing and unnecessary noises;
(h)
Any
sound, such as tire screeching, resulting from emergency braking;
(i)
Highway
and utility maintenance and construction of, or repairs to bridges,
streets or highways or any public utility installation by or on behalf
of the town or any public utility, or any agency of the state.
(j)
Construction
operations for which building permits have been issued, or construction
operations not requiring permits due to ownership of the project by
an agency of the government, provided such equipment is operated with
the manufacturing mufflers and noise reducing equipment in use and
in proper operating condition;
(k)
Farming
equipment or farming activity;
(l)
The
reasonable use of amplifiers or loudspeakers for public addresses
which are noncommercial in nature;
(m)
Any
non-amplified crowd noises resulting from legal activities, such as
scheduled sporting events at publicly-owned arenas, stadiums or similar
facilities, as well as public concerts, parades, fairs, shows and
celebrations which have been properly permitted and licensed;
(n)
Any
other noise resulting from activities of a temporary duration permitted
by law and for which a license or permit therefore has been granted
by the town.
7-503.4.
Enforcement.
The police department shall be responsible for the administration
and enforcement of this By-law including, but not limited to, the
following duties and responsibilities:
7-503.5.
Responsible
Party. If the person or persons responsible for any activity which
violates this By-law cannot be determined, the person in lawful custody
and/or control of the premises, including, but not limited to, the
owner, lessee or occupant of the property on which the activity is
located, shall be deemed responsible for the violation. The responsible
person may be prosecuted under this By-law and shall be subjected
to the penalties outlined in Section 7-503.4.
[Added 3-28-1994]
7-504.1.
Definitions.
For the purpose of this By-law, the following terms, phrases, words
and their derivations shall have the meanings given herein. When not
inconsistent with the context, words used in the present tense include
the future; words used in the plural number include the singular number;
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
(a)
The
term "alarm system" means an assembly of equipment and devices, or
a single device such as a solid state unit which plugs directly into
a 110 volt AC line, arranged to signal the presence of a hazard requiring
urgent attention and to which police are expected to respond. Fire
alarm systems, alarm systems on motor vehicles and alarm systems which
monitor temperature, smoke, humidity or any other condition not directly
related to the detection of an unauthorized intrusion into a premises
or an attempted robbery at a premises are specifically excluded from
the provisions of this By-law.
(b)
The
term "alarm user" or "user" means any person on whose premises an
alarm system is maintained within the town. Excluded from this definition
are:
(1)
Municipal, county, state and federal agencies;
(2)
Central station personnel;
(3)
Persons who use alarm systems to alert or signal persons within the
premises in which the alarm system is located of an attempted unauthorized
intrusion or holdup attempt. However, if such an alarm system employs
an audible signal or a flashing light outside the premises, the user
of such an alarm system shall be within the definition of "alarm user"
and shall be subject to this By-law.
(c)
The
term "central station" means an office to which remote alarm and supervisory
signaling devices are connected, where operators supervise circuits
or where guards are maintained continuously to investigate signals.
(d)
The
word "town" means the Town of Southbridge.
(e)
The
term "false alarm" means 1) the activation of an alarm system through
mechanical failure, malfunction, improper installation, or negligence
of the user of an alarm system or of his employees or agents; or 2)
any signal or oral communication transmitted to the police department
requesting, or requiring or resulting in a response on the part of
the police department when in fact there has been no unauthorized
intrusion or attempted unauthorized intrusion into a premises or no
attempted robbery or burglary at a premises. Excluded from this definition
are activations of alarm systems caused by power outages, hurricanes,
tornadoes, earthquakes and similar conditions.
(f)
The
term "police chief" means the chief of police of the Town of Southbridge
or his designated representative.
(g)
The
term "police" or "police department" means the Town of Southbridge
police department, or any authorized agent thereof.
(h)
For
the purposes of this By-law, the term "public nuisance" means anything
which annoys, injures or endangers the comfort, repose, health or
safety of any person(s) or of any community or neighborhood.
7-504.2.
Reserved.
7-504.3.
Control
and Curtailment of Signals Emitted by Alarm Systems.
(a)
Every
alarm user shall submit to the police chief the names, addresses and
telephone numbers of the user and at least two other persons who can
be reached at any time, day or night, and who are authorized to respond
to an emergency signal transmitted by an alarm system, and who can
open the premises wherein the alarm system is installed. The list
of names, addresses and telephone numbers of the responders must be
kept current at all times by the alarm user and shall be submitted
during the first month of each fiscal year (July 1st).
(b)
All
alarm systems which use an audible bell or horn shall be equipped
with an automatic shut off device which will deactivate the alarm
system within 10 minutes. All alarm users with an audible bell or
horn must comply with this section within 90 days of the adoption
of this By-law.
(c)
Any
alarm system which fails to comply with the above paragraph (b) and
emits a continuous and uninterrupted signal for more than 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 under paragraph (a) of this section, and which disturbs the peace,
comfort or repose of a community, or a neighborhood of the area where
the alarm system is located, shall constitute a public nuisance. Upon
receiving complaints regarding such a continuous and uninterrupted
signal, the police chief shall endeavor to contact the alarm user,
or members of the alarm user’s family, or those persons designated
by the alarm user under paragraph (a) of this section in an effort
to abate the nuisance. The police chief shall record the time each
complaint was made.
In the event that the police chief is unable to contact the
alarm user, or members of the alarm user’s family, or those
persons designated by the alarm user under paragraph (a) of this section,
or if the aforesaid persons cannot or will not curtail the audible
signal being emitted by the alarm system, and if the police chief
is otherwise unable to abate the nuisance, he may direct a police
officer or a firefighter or a qualified alarm technician to enter
upon the property outside the home or building in which the alarm
system is located and take any reasonable action necessary to abate
the nuisance.
After an entry upon property has been made in accordance with
this section and the nuisance abated, the police chief shall have
the property secured, if necessary. The reasonable costs and expense
of abating a nuisance in accordance with this section may be assessed
to the alarm user, said assessment not to exceed $50.00.
7-504.4.
Testing
of Equipment. No alarm system designed to transmit emergency messages
directly to the police department shall be worked on, tested or demonstrated
without obtaining permission from the police department communications
section. Permission is not required to test or demonstrate alarm devices
not transmitting emergency messages directly to the police department.
An unauthorized test constitutes a false alarm.
7-504.5.
Penalties.
The following acts and omissions shall constitute violations of this
By-law punishable by the fines as herein provided:
(a)
An
alarm user whose alarm system transmits or otherwise causes three
or more false alarms in a 12 month period shall be assessed a fine
of $25.00 for the third false alarm in any 12 month period, $50.00
for the fourth false alarm in any 12 month period, and $100.00 for
each subsequent false alarm in any 12 month period.
(b)
An
alarm user who fails to comply with any of the requirements of Section
504.3 of this By-law relative to control and curtailment of signals
emitted by alarm systems shall be punished by a fine of $25.00.
(c)
An
alarm user who fails to comply with any of the requirements of Section
7-504.4 of this By-law relative to the testing of equipment shall
be punished by a fine of $25.00.
7-504.6.
Severability. If
any clause, sentence, paragraph, or part of this local By-law or the
application thereof to any person or circumstances shall for any reason
be adjudged by a court to be invalid, such judgment shall not affect,
impair or invalidate the remainder and the application thereof to
other persons or circumstances but shall be confined in its operation
to the clause, sentence, paragraph or part thereof directly involved
in the controversy in which such judgment shall have been rendered
and to the person or circumstances involved. It is hereby declared
to be the intent of the Town of Southbridge that this enactment would
have been adopted had such invalid provisions not been included therein.
[Amended 11-24-1980]
7-505.1.
Entry
to Property to Make Inspections. The chief of the fire department,
or any member of said department authorized by the chief as an inspector,
may at all reasonable hours enter any building or premises for the
purpose of making any inspection or investigation which, under the
provisions of a town By-law, state law, rule or regulation, the fire
department may be authorized to make. (Article IX, §
1)
7-505.2.
Dangerous
or Hazardous Conditions. Whenever the chief or any inspector of the
fire department shall find in any building or upon any premises dangerous
or hazardous conditions as hereinafter defined, such conditions shall
be removed or remedied in any reasonable manner and within such time
as ordered by the chief of the fire department:
(a)
Dangerous
or unlawful amounts of combustible or explosive matter;
(b)
Hazardous
conditions arising from defective or improperly installed equipment
for handling or using combustible or explosive matter;
(c)
Dangerous
accumulations of rubbish, waste paper, boxes, shavings or other highly
flammable materials;
(d)
Accumulations
of dust or waste material in air conditioning systems or of grease
in kitchen exhaust ducts;
(e)
Obstructions,
including motor vehicles, to or on fire escapes, stairs, passageways,
doors or windows, which may interfere with the operations of the fire
department or egress of occupants in case of fire;
(f)
Any
building or other structure which, for want of repairs, lack of exit
facilities, or dilapidated condition, or from any other cause, creates
a fire hazard.
|
The service of such orders as mentioned in this section may
be made upon the owner or occupant either by delivering a copy to
him personally, or in the case where no such person is found, by affixing
a copy thereof in a conspicuous place on said premises, or by mailing
such copy by registered mail to the owner’s last known post
office address as appearing on the assessors’ records. (Article IX, § 2)
|
7-505.3.
Fire
Detection and Suppression Systems. The chief of the fire department,
or a fire inspector, shall inspect each business, mercantile and manufacturing
establishment, school, place of assembly, hospital, place of detention,
rooming house, motel, hotel, nursing home, rest home, and multi-family
house and shall specify suitable fire detecting devices or extinguishing
appliances which shall be provided, in or near furnace rooms, kitchens
of restaurants and like establishments, storage rooms containing combustible
material, rooms in which hazardous manufacturing processes are conducted,
garage sections, and other places of a generally hazardous nature.
Such devices or appliances may be approved by the chief of the fire
department. In especially hazardous processes or storage, appliances
of more than one type or special systems may be required.
Sprinkler systems, standpipe systems, fire alarm systems and
other fire protective or extinguishing systems or appliances which
have been installed in compliance with this By-law shall be maintained
in operative condition at all times, and it shall be unlawful for
any owner or occupant to reduce the effectiveness of the protection
so required, except that this shall not prohibit the owner or occupant
from temporarily reducing or discontinuing the protection where necessary
to make tests, repairs, alterations or additions. The chief of the
fire department shall be notified before such tests, repairs, alterations
or additions are started, unless the work is to be continuous until
completion. (Article IX, § 3)
7-505.4.
Fires
in Public Places Prohibited. No person shall make a fire in any public
place, without first having obtained in writing the permission of
the chief of the fire department or his authorized representative. (Article IX, § 4)
7-505.5.
Fires
in Other Places Prohibited. No person shall allow a fire to burn or
smolder between sunset and sunrise, regardless of whether it be in
barrels, containers, or open air, unless special permission is allowed
by the fire chief. (Article IX, § 5)
7-505.6.
Fire Lanes. No person shall park any vehicle within the limits of any private way or right-of-way which furnishes a means of access for fire apparatus to any building. The fire chief, or his designee, or the owner of property abutting such a way, with the approval of the fire chief, may post signs sufficient to warn drivers that parking is prohibited in a designated area. The registered owner of a vehicle shall be conclusively presumed, for the purpose of this By-law, to be responsible for the parking of a vehicle in violation hereof. The police department may enforce this By-law by use of the procedures set forth in MGL Chapter 90, Section 20A. Each violation of this section shall be punished by a fine as provided for in Section 7-206 of these By-laws. (Article IX, § 6)
It shall be unlawful for any person to camp or occupy camp facilities
in the following areas, except as otherwise provided by Town by-law:
(a) Any park; (b) Any public street or way; (c) Any publicly owned
parking lot or publicly owned area, improved or unimproved.
For purposes of this regulation, the following definitions are
applicable:
|
(1)
|
CAMP — Shall mean to pitch, erect or occupy camp facilities
for the purpose of or in such a way as will permit remaining overnight,
or parking a trailer, camper or other motor or non-motor vehicle for
the purpose of remaining overnight. This shall not include the lawful
parking or storage of a recreational vehicle that is not being occupied.
|
|
(2)
|
CAMP FACILITIES — Shall include, but are not limited to,
tents, huts, temporary shelters, or any motor or non-motor vehicle.
|
|
(3)
|
OVERNIGHT — Shall mean any period of time between 12:00
midnight and 4:00 AM.
|
Any vehicle parked in violation of this Regulation may be towed
away at the direction of any Police Sergeant, for the cost of which
towing charges the owner will be liable. In addition to such towing
charges, the owner may be liable to pay storage charges and fines
for violation of these regulations.
Violations of this regulation shall be punishable by a fine of $50.00. This regulation may also be enforced by noncriminal disposition in accordance with G.L. c.40, Section 21D and Section 1-111 of the Town of Southbridge, Code of By-laws. For noncriminal disposition, the enforcing agent shall be the police Department and the Fine Schedule shall be A,B and C as set forth in Section 1-111.
[Amended 9-24-2007]
7-507.1.
Definitions.
For the purpose of this section, the following words and phrases shall
have the following meanings:
(a)
PARK
— Means public land designated for active or passive recreational
or athletic use by the Town of Southbridge, the commonwealth of Massachusetts
or other governmental subdivision, and located within the Town of
Southbridge.
(b)
SCHOOL
— Means any public or private educational facility that provides
services to children in grades kindergarten-12.
(c)
DAY
CARE CENTER — Means an establishment, whether public or private,
which provides care for children and is registered with and licensed
pursuant to the laws of the Commonwealth of Massachusetts by the Office
of Child Care Services.
(d)
ELDERLY
HOUSING FACILITY — Means a building or buildings on the same
lot containing four or more dwelling units restricted to occupancy
by households having one or more members fifty-five years of age or
older.
(e)
PLACE
OF WORSHIP — Means a structure used for religious worship or
religious education purposes on land owned by, or held in trust for
the use of, any religious organization.
(f)
SEX
OFFENDER — Means a person who resides, works, or attends an
institution of higher learning in the commonwealth and who has been
convicted of a sex offense or who has been adjudicated as a youthful
offender or as a delinquent juvenile by reason of a sex offense or
a person released from incarceration or parole or probation supervision
or custody with the Department of Youth Services for such a conviction
or adjudication or a person who has been adjudicated a sexually dangerous
person under G.L. c. 123A, §14, as in force at the time of adjudication,
or a person released from civil commitment pursuant to section 9 of
said chapter 123A, whichever last occurs, on or after August 1, 1981.
(g)
SEX
OFFENDER REGISTRY — Means the collected information and data
that is received by the criminal history systems board pursuant to
Sections 178C to 178P, inclusive.
(h)
PERMANENT
RESIDENCE — Means a place where a person lives, abides, lodges,
or resides for five (5) or more consecutive days or fourteen (14)
or more days in the aggregate during any calendar year.
(i)
TEMPORARY
RESIDENCE — Means a place where a person lives, abides, lodges,
or resides for a period of less than five (5) consecutive days or
fourteen (14) days in the aggregate during any calendar year, which
is not the person’s permanent address or place where the person
routinely lives, abides, lodges, or resides and which is not the person’s
permanent residence.
(j)
ESTABLISHING
A RESIDENCE — Means to set up or bring into being a dwelling
place or an abode where a person sleeps, which may include more than
one location, and may be mobile or transitory, or by means of purchasing
real property or entering into a lease or rental agreement for real
property (including a renewal or extension of a prior agreement whether
through written execution or automatic renewal).
7-507.2.
Sexual
Offender Residence Prohibition. It is unlawful for any sex offender
who is finally classified as a level 2 or 3 offender pursuant to the
guidelines of the Massachusetts Sex Offender Registry Board, to establish
a permanent residence within five hundred (500) feet of any school,
daycare center, park, elderly housing facility or place of worship.
For purposes of determining the minimum distance separation, the requirement
shall be measured by following a straight line from the outer property
line of the permanent residence to the nearest outer property line
of a school, day care center, park, elderly housing facility or place
of worship.
7-507.3.
Notice
to Move. Any registered level 2 or level 3 sex offender who established
a permanent residence within five hundred (500) feet of any school,
day care center, park, elderly housing facility or place of worship
shall be in violation of this section and shall, within thirty (30)
days of receipt of written notice of the sex offender’s non-compliance
with this chapter, move from said location to a new location, but
said location may not be within five hundred (500) feet of any school,
day care center, park, elderly housing facility or place of worship.
It shall constitute a separate violation for each day beyond the thirty
(30) days the sex offender continues to reside within five hundred
(500) feet of any school, day care center, park, elderly housing facility
or place of worship. Furthermore, it shall be a separate violation
each day that a sex offender shall move from one location in the Town
of Southbridge to another that is within five hundred (500) feet of
any school, day care center, park, elderly housing facility or place
of worship.
7-507.4.
Penalties.
Violation of this bylaw, or of any regulations adopted hereunder,
may be enforced through lawful means in law or in equity by the Board
of Selectmen, The Town Manager, or their duly authorized agents, or
any police officer of the Town of Southbridge including, but not limited
to, enforcement by non-criminal disposition pursuant to G.L. c. 40,
§21D. Each day a violation exists shall constitute a separate
violation. The penalties shall be as follows:
(a)
First
Offense: Notification to offender that he/she has thirty (30) days
to move.
(b)
Subsequent
Offense: Non-criminal fine of $300 and notification to the offender’s
landlord, parole officer and/or probation officer and the Commonwealth’s
Sex Offender Registry Board that the person has violated a municipal
ordinance. Such a subsequent offense constitutes a breach of the peace
for which the offender is also subject to immediate arrest.
7-507.5.
Exceptions.
A person residing with five hundred (500) feet of any school, day
care center, park, elderly housing facility or place of worship does
not commit a violation of this section if any of the following apply:
(a)
The
person established the permanent residence and reported and registered
the residence, in accordance with the regulations of the Massachusetts
Sex Offender Registry Board, prior to the effective date of this by-law.
(b)
The
person was a minor when he/she committed the offense and was not convicted
as an adult.
(c)
The
person is a minor.
(d)
The
school, day care center, park, elderly housing facility or place of
worship within five hundred (500) feet of the personal permanent residence
was established after the person established the permanent residence
and reported and registered the residence pursuant to the Sex Offender
Registry Law.
(e)
The
person is required to serve a sentence at a jail, prison, juvenile
facility, or other correctional institution or facility.
(f)
The
person is admitted to and/or subject to an order of commitment at
a public or private facility for the care and treatment of mentally
ill persons pursuant to G.L. c. 123.
(g)
The
person is a mentally ill person subject to guardianship pursuant to
G.L. c. 201, §6 or a mentally retarded person subject to guardianship
pursuant to G.L. c. 201, §6A, residing with his or her guardian
or residing within a group residence that is professionally staffed
and supervised 24 hours a day.
7-508.1.
Removal
of Graffiti. Graffiti is defined as : Any word, figure or painted
design that is marked, etched, scratched, drawn, painted, pasted or
otherwise affixed to or any surface, regardless of the nature of material
of that structural component, to the extent the same was not authorized
in advance by the owner thereof.
7-508.2.
Property
Owner Responsibility.
a)
The
removal of graffiti shall be the responsibility of the owner of said
property.
b)
The
owner of said property shall be required to remove the graffiti within
14 days of written notice from the Board of Health, or its authorized
agent, served upon the owner or the owner’s authorized agent.
The notice given to the property owner, or its authorized agent, shall
be in writing and contain an order to remove the graffiti. The notice
to the property owner or authorized agent shall contain the following
information:
1)
The
location of property that has been vandalized.
2)
A
clear description of the graffiti
3)
A
statement that the graffiti must be removed within fourteen (14) days
after receipt of notice.
4)
A
statement of explaining if graffiti is not removed within the allotted
fourteen (14) days, the property will be subject to the removal, cost
and penalty provisions of Section 7-503.2.
5)
Notification
of an owner’s right to a hearing pursuant to Section 7-503.2.
|
*Copies of all referenced sections of the By-law shall be attached
to said notice.
|
7-508.3.
Failure
to Remove Graffiti.
a)
The
property owner or its authorized agent has a right to a hearing before
the Board of Health or its authorized agent within seven (7) days
after receipt of such notice.
b)
If an
owner or the owners authorized agent has not requested a hearing within
seven (7) days after receiving notice, and fails or refuses to remove
graffiti within the given time frame provided in Section 7-503.3,
the property owner will be subject to a fine of $150.00.
c)
If an
owner or the owner’s authorized agent has been ordered to remove
said graffiti after a hearing and fails to comply with said order
within fourteen (14) days, the property owner will be subject to a
fine of $150.00.
7-508.4.
Applicable Laws.
Nothing in this by-law shall be construed to limit in any way
the Town of Southbridge’s authority to order the abatement of
a nuisance as set forth in MGL c. 111, § 123 (as noted below)
or any other general laws.
i.
Section 123. Said board shall order the owner or occupant of any
private premises, at his own expense, to remove any nuisance, source
of filth or cause of sickness found thereon within twenty-four hours,
or within such other time as it considers reasonable, after notice;
and an owner or occupant shall forfeit not more than one thousand
dollars for every day during which he knowingly violates such order.
[Amended 1-29-2018]
7-509.1.
Statement
of Intent. On November 8, 2016, the voters of the Commonwealth approved
a law regulating the cultivation, processing, distribution, possession
and use of marijuana for recreational purposes (new Massachusetts
General Law (MGL) c. 94G). Under MGL c. 94G, § 3(a)(2)(i) allows
a city or town to limit the number of marijuana establishments in
the city or town, except that a city or town may only adopt an ordinance
or bylaw by a vote of the voters of that city or town if the ordinance
or bylaw prohibits the operation of one or more types of marijuana
establishments within the city or town, whereas in our community:
a)
On June
13, 2017, the citizens of Southbridge voted 1,159 to 989, in the affirmative
to Question 2, stating that the town shall prohibit the operation
of marijuana retailers, as that term is defined in MGL c. 94G, §
1, within the town of Southbridge.
b)
On June
13, 2017, the citizens of Southbridge voted 1,150 to 990, in the affirmative
to Question 3, stating that the town shall prohibit the operation
of marijuana cultivators, as that term is defined in MGL, c. 94G,
§ 1, within the town of Southbridge.
c)
On June
13, 2017, the citizens of Southbridge voted 1,109 to 1,029, in the
affirmative to Question 4, stating that the town shall prohibit the
operation of marijuana testing facilities, as that term is defined
in MGL, c. 94G, § 1, within the town of Southbridge.
d)
On June
13, 2017, the citizens of Southbridge voted 1,153 to 979, in the affirmative
to Question 5, stating that the town shall prohibit the operation
of marijuana product manufacturers, as that term is defined in MGL
c. 94G, § 1, within the town of Southbridge.
7-509.2.
Definition.
For the purpose of this section, a “marijuana establishment”
shall mean a marijuana cultivator, independent testing laboratory,
marijuana product manufacturer, marijuana retailer or any other type
of licensed marijuana-related business for the retail recreational
market.
7-509.3.
Statement
of Bylaw (Prohibition of Marijuana Establishments). In accordance
with MGL c. 94G, § 3(a)(2)(i), all types of marijuana establishments,
as defined in MGL c. 94G, § 1, and as may otherwise be defined
by Massachusetts law or regulation to include, without limitation,
all marijuana cultivators, marijuana testing facilities, marijuana
retailers, or any other type of licensed marijuana-related businesses,
shall be prohibited within the town of Southbridge. This prohibition
shall not be construed to affect the medical use of marijuana as expressly
authorized by the provisions of Chapter 369 of the Acts of 2012 and
105 CMR 725.000 (as the same may be amended from time to time), or
the ability for households to grow for personal use, as defined under
MGL c. 94G, § 2.
