No person shall cause a public inconvenience, annoyance or alarm
or recklessly create a risk while engaging in fighting, or in threatening,
or in violent or tumultuous behavior thereby creating a hazardous
or physically offensive condition by which his or her other actions
serve no legitimate purpose.
(C.O. 05-95 § 1)
No person shall enter upon the premises of another for the purpose
of committing any wanton or malicious act, nor for the purpose or
with the intention of invading the privacy of another by peeping into
the windows of such house or spying upon any person resident therein;
provided, that nothing contained in this section shall be construed
to abridge nor in any way limit the right of a police officer to enter
upon private property nor to perform any act necessary in the performance
of his or her official duties.
(Prior revision § 13-12)
No person shall stand in any street, sidewalk or public place
in such a manner as to obstruct the free passage of foot travelers
thereon or be or remain upon any sidewalk or street in such a manner
as to interfere with the safety, comfort or convenience of the public.
Nothing in this section shall be construed to curtail, abridge or
limit the rights guaranteed by the constitution of the commonwealth,
or any statute thereunder or limit the right or opportunity of any
person to exercise the right of peaceful persuasion guaranteed by
General Laws, Chapter 149, Section 24.
(Prior revision § 13-11)
No person shall saunter or loiter in or upon the steps, portico
or other projection from or on any space or way leading thereto of
any public building, school, house of worship or public hall, in such
a manner as to interfere with the safety, comfort and convenience
of the public. Any person remaining in any of the places enumerated
in this section shall, when ordered by a police officer, owner or
other person having charge thereof, depart therefrom.
(Prior revision § 13-11.1; C.O. 77-88, 1977)
A.
Purpose:
Whereas excessive sound and vibration are a serious hazard to the
public health and welfare, safety, and the quality of life; and whereas
the people have a right to and should be ensured an environment free
from excessive sound and vibration that may jeopardize their health
or welfare or safety or degrade the quality of life; now, therefore,
it is the policy of the city of Revere to prevent excessive sound
and vibration which may jeopardize the health and welfare or safety
of its citizens or degrade the quality of life.
B.
Scope:
The following sections shall apply to the control of all sound and
vibration originating within the limits of the City of Revere, unless
otherwise exempted by law.
(C.O. 12-192, § 15, 10/15/2012)
means the Revere Police Department and the Department of
Inspectional Services.
means any site preparation, assembly, erection, substantial
repair, alteration, or similar action, but excluding demolition, for
or of public or private rights-of-way, structures, utilities or similar
property.
means the period between the hours of seven a.m. and six
p.m. daily except Sunday and holidays according to the time system
locally in effect.
means the abbreviation for decibel.
means the A-weighted sound level in decibels, as measured
by a general purpose sound level meter complying with the provisions
of Specifications for Sound Level Meters (S1. 4 1971), American National
Standards Institute (ANSI), properly calibrated, and operated on the
"A" weighting network.
means any dismantling, intentional destruction or removal
of structures, utilities, public or private right-of-way surfaces,
or similar property.
means any occurrence or set of circumstances involving actual
or imminent physical trauma or property damage which demands immediate
action.
means any work performed for the purpose of preventing or
alleviating the physical trauma or property damage threatened or caused
by an emergency.
means the abbreviation for Hertz, which means cycles per
second.
means a construction device in which or by which a hammer,
meaning a moving mass of hard solid material, is mechanically by means
of a working fluid or compressed air caused to repetitively impact
upon and transmit kinetic energy to a tool. The tool may be included
as a part of the device, as in the case of a moil on a paving breaker
or the drill steel of a jackhammer, or it may be a mass to which the
impact device is temporarily connected as in the case of a pile and
pile driver. Examples of impact devices are pile drivers, paving breakers
and power impact hammers, impact wrenches, riveters and stud drivers.
means an imaginary line along the ground surface, and its
vertical extension, which separates the real property owned by one
person from that owned by another person, but not including intra-building
real property divisions.
means any vehicle so defined in G.L., c. 90, § 1.
means any vehicle so defined in G.L., c. 90, § 1.
means any sound which (a) causes temporary or permanent hearing
loss in persons exposed; or (b) is injurious to the public health;
(c) causes a nuisance which is prohibited by law; or (d) is defined
as a noise disturbance pursuant to the provisions of this chapter.
means any individual, association, partnership, or corporation,
and includes any officer, employee, department, agency or instrumentality
of a state or any political subdivision of a state.
means any street, avenue, boulevard, highway, sidewalk or
alley or similar place which is owned or controlled by the City.
means any real property or structures thereon which are owned
or controlled by the city.
is numerically equal to twenty times the logarithm (to the
base ten) of the sound pressure to the reference sound pressure (the
reference sound pressure shall equal twenty micropascals). Unless
otherwise stated, the level is understood to be that of a root mean-square
pressure.
means any day Monday through Friday which is not a legal
holiday.
(C.O. 12-192, § 15, 10/15/2012)
A.
Authorized
Enforcement Personnel: The Revere Police Department and the Department
of Inspectional Services shall be the authorized enforcement personnel
charged with the enforcement of these provisions.
B.
Violations:
Authorized enforcement personnel may order and specify reasonable
remedial actions to be taken by a violator of this chapter to achieve
compliance; or issue citations, pursuant to G.L., c. 40, § 21D,
for violations of these provisions assessing fines of three hundred
dollars for each day such violation is committed or permitted to continue.
Additionally, any person found in violation of any of the provisions
of this chapter may be prosecuted for a misdemeanor and upon conviction
thereof shall be fined three hundred dollars.
C.
Injunction:
As an additional remedy, the operation or maintenance of any device,
instrument, vehicle or machinery in violation of any provision of
this chapter and which causes a noise disturbance may be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.
D.
Suspension or Revocation of License or Permit: As an additional remedy for violation of any provision of this chapter, any enforcement official under Subsection A of this section may summarily suspend, and after a hearing may revoke, any license or permit, including a building or demolition permit.
(C.O. 12-192, § 15, 10/15/2012)
No person or persons owning, leasing or controlling the operation
of any source or sources of noise shall willfully, negligently, or
through failure to provide necessary equipment or facilities or to
take necessary precautions, permit the establishment or continuation
of a condition of noise disturbance.
(C.O. 12-192, § 15, 10/15/2012)
A.
This
section shall apply to the use or occupancy of any lot or structure
thereon and to the noise produced thereby, but shall not apply to
the following:
1.
To
the intermittent or occasional use, during the daytime, of light homeowner's
residential outdoor equipment or commercial service equipment provided
said equipment and its use complies with other provisions of this
chapter;
2.
To
construction activities and the associated use of construction devices
nor to the noise produced thereby, provided such activities, and such
equipment and its use, comply with provisions of this chapter.
3.
To
bell towers or clock towers with bells or chimes.
B.
No person
shall create or cause to be emitted from or by any source subject
to the provisions of this chapter, any noise which causes or results
in a noise level exceeding the noise standards as described in Table
9.08.090 of this section, measured at any lot line of any lot located
in any zoning district as defined by the Revised Ordinances of the
City of Revere.
C.
Area
Noise Standards. Noise standards referred to in this chapter for the
several zoning districts of the City, are hereby defined in and established
pursuant to Table 9.08.090 of this section as follows:
|
TABLE 9.08.090
TABLE OF ZONING DISTRICT NOISE STANDARDS
| ||||||
|---|---|---|---|---|---|---|
|
Maximum Allowable Octave Band Sound Pressure Levels
| ||||||
|
Octave Band Center Frequency Measurement (Hz) Band
|
RA, RA1, RB, RB1, RC, RC1 RC2, RC3
|
PDD1, PDD2
|
NB, GB, GB1 CB, HB
|
TED, LI, IP
| ||
|
Daytime
|
Other Times
|
Daytime
|
Other Times
|
Anytime
|
Anytime
| |
|
31.5
|
76
|
68
|
79
|
72
|
79
|
83
|
|
63
|
75
|
67
|
78
|
71
|
78
|
82
|
|
125
|
69
|
61
|
73
|
65
|
73
|
77
|
|
250
|
62
|
52
|
68
|
57
|
68
|
73
|
|
500
|
56
|
46
|
62
|
51
|
62
|
67
|
|
1,000
|
50
|
40
|
56
|
45
|
56
|
61
|
|
2,000
|
45
|
33
|
51
|
39
|
51
|
57
|
|
4,000
|
40
|
28
|
47
|
34
|
47
|
53
|
|
8,000
|
38
|
26
|
44
|
32
|
44
|
50
|
|
Single Number Equivalent (dB(A))
|
60
|
50
|
65
|
55
|
65
|
70
|
A.
Noise
Disturbances Prohibited: The following acts are declared to be loud,
disturbing and unnecessary noises in violation of this chapter, but
said enumeration shall not be deemed to be exclusive. Non-commercial
public speaking and public assembly activities conducted on any public
space or public right-of-way shall be exempt from the operation of
this section. Bell towers and clock towers with bells or chimes shall
be exempt from the operation of this section.
B.
Horns,
Signaling Devices, Etc. The sounding of any horn or signaling device
on any automobile, motorcycle, street car or other vehicle on any
street or public place of the City, 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
the 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.
C.
Radios,
Phonographs, Etc. The using, operating, or permitting to be played,
used or operated any radio receiving set, musical instrument, phonograph,
loudspeaker or public address systems, unless used by the City of
Revere, or other machine or device for the producing or reproducing
of sound in such a manner as to be plainly audible from the building,
structure, vehicle or dwelling unit as to which the sound is originating
from shall be a violation of this chapter.
D.
Street
Sales. Offering for sale or selling anything by shouting or outcry
within any residential or commercial area of the City, except by permit
issued by the chief of police according to criteria set forth by the
chief and/or except between the hours of nine p.m. and eight a.m.,
and the causing thereof, is a violation of this chapter.
E.
Animals,
Birds. Etc. Owning, possessing or harboring any animal or bird which
frequently or for continued duration, howls, barks, meows, squawks
or makes other sounds which are plainly audible from the lot line
of the lot on which it is located, is a violation of this chapter.
This provision shall not apply to licensed kennels.
F.
Loading
and Unloading. Loading, unloading, opening, closing or other handling
of boxes, crates, containers, building materials, garbage cans, or
similar objects between the hours of nine p.m. and eight a.m. the
following day on weekdays, or between the hours of nine p.m. and nine
a.m. the following day when the following day is a Saturday, Sunday
or holiday in such a manner as to be plainly audible from the lot
line of the lot on which such activity is located, is a violation
of this chapter.
G.
Construction, Drilling, or Demolition: Operating or permitting the operation of any tools or equipment used in construction, drilling or demolition work between the hours of nine p.m. and eight a.m. the following day on weekdays or at a time on a Saturday, Sunday or holiday in such a manner as to be plainly audible from the lot line of the lot on which such activity is located, except for emergency work of public service utilities or by special permit issued by the inspector of buildings, and the causing thereof, is a violation of this chapter. Subsection F shall not apply to the use of domestic power tools as provided for in subsection L of this section.
H.
Vehicle
or Motorboat Repairs and Testing. Repairing, rebuilding, modifying,
or testing any motor vehicle, motorcycle, or motorboat in such a manner
as to be plainly audible as to be plainly audible from the lot line
of the lot on which such activity is located, is a violation of this
chapter.
I.
Places
of Public Entertainment. Operating, playing or permitting the operation
or playing of any radio, television, phonograph, drum, musical instrument,
sound amplifier, or similar device which produces, reproduces, or
amplifies sound in any place of public entertainment in such a manner
as to be plainly audible from the lot line of the lot on which such
activity is located, is a violation of this chapter.
J.
Vibration.
Operating or permitting the operation of any device that creates vibration
which is above the vibration perception threshold of an individual
at or beyond the property boundary of the source if on private property
or at twenty-five (25) feet from the source if on a public space or
public right-of-way, is a violation of this chapter. For the purposes
of this section, "vibration perception threshold" means the minimum
ground or structure borne vibrational motion necessary to cause a
normal person to be aware of the vibration by such direct means as,
but not limited to, sensation by touch or visual observation of moving
objects.
K.
Domestic
Power Tools. Operating or permitting the operation of any mechanically
powered saw, drill, sander, grinder, lawn or garden tool, snow blower,
or similar device used outdoors in or residential areas between the
hours of nine p.m. and eight a.m. so as to be plainly audible from
the lot line of the lot on which such activity is located, is a violation
of this chapter.
L.
Refuse
Collection Vehicles. The following acts, and the causing thereof,
are violations of this chapter: 1.) Operating or permitting the operation
of the compacting mechanism of any motor vehicle which compacts refuse,
between the hours of nine p.m. and eight a.m. the following day in
or adjacent to a residential area; 2.) Collecting refuse with a refuse
collection vehicle between the hours of nine p.m. and eight a.m. the
following day in a residential or commercial area. This section does
not apply to municipal trash collection.
M.
Heliports.
Operating or permitting the operation of a helicopter between the
hours of nine p.m. and eight a.m. so as to be plainly audible from
the lot line of the lot on which such activity is located, is a violation
of this chapter.
(C.O. 12-192, § 15, 10/15/2012)
Whereas, there is no known safe level of exposure to secondhand
smoke, and secondhand smoke exposure in certain outdoor areas have
been found to pose a significant health risk; and
Whereas, protecting Revere's public parks as places for residents
and visitors to be outside and active is critical to promotion of
a healthier city; and
Whereas, it is critical to prevent the use of drugs, alcohol
and weapons in our areas of recreation; and
Whereas, it is the goal of the city of Revere, through the parks and recreation department and the police department, to ensure that our places of recreation are safe, clean and healthy for all residents, particularly our children; [Sections 9.08.112—9.08.118 are enacted as follows.]
(C.O. 18-233, 3/11/2019)
A.
No person
shall smoke in any public park, or other public place under the control
of the city of Revere.
B.
For
the purposes of this subsection, the term smoking shall include inhaling,
exhaling, burning or carrying any lighted cigar, cigarette, pipe,
or other lighted or vaporized substance in any manner or form, including
marijuana used for medical or recreational purposes.
(C.O. 18-233, 3/11/2019)
A.
No person
shall sell, possess or consume any alcoholic beverage in any park,
except under a license issued by the Revere License Commission subject
to the provisions of M.G.L. Chapter 138, Sections 14 & 15F. Such
license may include any conditions imposed by the License Commission
and the discretionary judgment of the Revere Police Department in
order to promote the preservation of public parks.
B.
No person
shall commit any of the following acts in a public park:
1.
Sell,
distribute, make available or offer to provide a controlled substance
or prescription drug to another;
2.
Package,
possess or store a controlled substance;
3.
Transport
a controlled substance or materials intended to be used in the packaging
of a controlled substance;
4.
Solicit
another to provide, make available, sell or distribute a controlled
substance or prescription drug to any person;
5.
With
the intent to engage in any act prohibited by this section, seek,
meet, approach or encounter another.
C.
Nothing in Subsection B of this section shall prohibit the possession of medications prescribed to the person or to a person under that person's care, if and under such conditions as possession of such substance is otherwise lawful.
D.
For
purposes of this section, "controlled substance" and "prescription
drug" shall have the meaning as provided for in M.G.L. c. 94C § 1
(The Controlled Substances Act).
(C.O. 18-233, 3/11/2019)
A.
No person
shall possess in any public park anything specifically designed for
and presently capable of causing, or carried with the intent to threaten
or cause, bodily harm to another. Items prohibited under this Section
include, but are not limited to: any firearm, pellet gun, spring-loaded
weapon, stun gun or taser, any knife having a blade that projects
or swings into position by force of a spring or by centrifugal force,
any knife with a blade longer than two and one-half inches, any dirk,
dagger, ice-pick, sling shot, metal knuckles, nunchaku, studded hand
coverings, swords, straight razors, tear gas containers, saps, sap
gloves, hatchets or axes. The prohibitions of this section do not
apply to individuals who are duly licensed under local, state, and/or
federal guidelines to carry a firearm.
B.
Any
person to be in violation of this section shall be fined three-hundred
dollars per offense. Enforcement of this section shall be by noncriminal
disposition as provided for in M.G.L. Chapter 40, Section 21D or by
filing a criminal complaint at the appropriate venue.
(C.O. 18-233, 3/11/2019)
A.
6:00
a.m.—10:00 p.m.
B.
All
public parks shall be designated as "Alcohol, Drug, Tobacco, and Weapon
Free Zones" and appropriate signage shall be installed at each park
indicating such.
(C.O. 18-233, 3/11/2019)
A.
Any
real property which is erected, established, maintained, owned, leased,
or used by any criminal street gang for the purpose of conducting
criminal gang activity is a public nuisance. No person shall keep,
maintain or use such real property as a public nuisance.
B.
The
chief of police shall by written directive promulgate procedures to
prevent the enforcement of this section against persons who are engaged
in activities that are protected by the Constitution of the United
States and/or the Commonwealth of Massachusetts.
C.
The
city may use all lawful methods of abating violations of this section,
including, but not limited to, application for equitable relief from
a court of competent jurisdiction.
D.
As used
in this section:
1.
"Criminal
street gang" means any ongoing organization, association in fact or
group of three or more persons, whether formal or informal, having
as one of its substantial activities the commission of one or more
of the criminal acts enumerated in subsection (D)(2), and whose members
individually or collectively engage in or have engaged in a pattern
of criminal gang activity.
2.
"Criminal
gang activity" means the commission, attempted commission, or solicitation
of the following offenses, provided that the offenses are committed
by two or more persons, or by an individual at the direction of, or
in association with, any criminal street gang with the specific intent
to promote, further or assist in any criminal conduct by gang members
the following sections of the Massachusetts General Laws:
M.G.L. c. 265, Section 1 (murder); M.G.L. c. 265, Section 13
(manslaughter); M.G.L. c. 13A, (assault or assault and battery); M.G.L.
c. 265, Section 13B (indecent assault and battery on a child under
fourteen); M.G.L. c. 265, Section 13C (assault and battery to collect
loan); M.G.L. c. 265, Section 13D (assault and battery upon public
employees); M.G.L. c. 265, Section 13D (indecent assault and battery
on mentally retarded person); M.G.L. c. 265 Section 13H (indecent
assault and battery on person fourteen or older); M.G.L. c. 265, Section
13I (assault or assault and battery on emergency medical technician,
ambulance operator, or ambulance attendant); M.G.L. c. 265, Section
13J (assault and battery upon a child); M.G.L. c. 265, Section 13K
(assault and battery upon an elderly or disabled person); M.G.L. c.
265, Section 14 (mayhem); M.G.L. c. 265, Section 15 (assault; intent
to murder or maim); M.G.L. c. 265, Section 15A (assault and battery
with dangerous weapon); M.G.L. c. 265, Section 16 (attempt to murder);
M.G.L. c. 265, Section 17 (armed robbery); M.G.L. c. 265, Section
18 (assault with intent to rob or murder); M.G.L. c. 265, Section
18A (dangerous weapon; assault in dwelling house); M.G.L. c. 265,
Section 18B (use of firearms while committing a felony); M.G.L. c.
265, Section 18C (entry of dwelling place; persons present within);
M.G.L. c. 265, Section 19 (robbery by unarmed person); M.G.L. c. 265,
Section 20 (simple assault; intent to rob); M.G.L. c. 265, Section
21 (stealing by confining or putting in fear); M.G.L. c. 268, Section
21A (assault, confinement, etc. of person for purpose of stealing
motor vehicle; weapons); M.G.L. c. 268, Section 22 (rape); M.G.L.
c. 268, Section 22A (rape of child); M.G.L. c. 268, Section 23 (rape
or abuse of child); M.G.L. c. 268, Section 24 (assault with intent
to commit rape); M.G.L. c. 268, Section 24B (assault of child; intent
to commit rape); M.G.L. c. 268, Section 25 (attempted extortion);
M.G.L. c. 268, Section 26 (kidnapping); M.G.L. c. 268, Section 26A
(kidnapping of minor or incompetent by relative); M.G.L. c. 268, Section
26B (drugging persons by kidnapping); M.G.L. c. 268, Section 29 (assault;
intent to commit felony); M.G.L. c. 268, Section 39 (assault or battery
for purpose of intimidation; weapons); M.G.L. c. 268, Section 44 (coercion
of child under eighteen into criminal conspiracy); M.G.L. c. 266,
Section 1 (dwelling house; burning or aiding in burning); M.G.L. c.
266, Section 2 (meeting house; burning or aiding in burning); M.G.L.
c. 266, Section 14 (burglary; armed; assault on occupants); M.G.L.
c. 266, Section 15 (burglary; unarmed); M.G.L. c. 266, Section 16
(breaking and entering at night); M.G.L. c. 266, Section 17 (entering
without breaking at night; breaking and entering in the day time;
weapons); M.G.L. c. 266, Section 18 (dwelling house; entry at night;
breaking and entry in the day time; weapons); M.G.L. c. 266, Section
25 (larceny by stealing; punishment; victim sixty-five or older);
M.G.L. c. 266, Section 30 (larceny); and M.G.L. c. 94C (Controlled
Substance Act).
3.
"Pattern
of criminal gang activity" means two or more acts of criminal gang
activity of which at least two such acts were committed within five
years of each other.
4.
Gang
Recruitment Activity. Any street gang recruitment in which he or she
threatens the use of physical force to coerce, solicit, or induce
another person to join or remain a member of a criminal street gang,
or conspire to on school grounds, parks, or other public property
in which individuals under the age of eighteen play, recreate, work
or gather shall be subject to a three hundred dollar fine and arrest.
(C.O. 05-119)
