This article aims to promote the safety, security, and appropriate use of public spaces under the jurisdiction of the Town of Harvard by restricting access during certain hours. The restriction is intended to deter unauthorized activities and ensure that these areas remain welcoming and accessible to the community while minimizing disturbances during nighttime hours.
[Adopted 10-3-2023]
For the purpose of this article:
Shall refer to the time period between dusk to dawn.
Refers to any park, playground, reservation, public building, or other area under the jurisdiction of Town of Harvard.
No individual shall trespass or remain upon any public property under the jurisdiction of Town of Harvard during the designated hours as defined in § 140-20.
The following exceptions to the access restriction outlined in § 140-21 may apply:
A.
Authorized personnel. Law enforcement officers, emergency responders, public employees, or any individual duly authorized by the Town of Harvard are exempt from this access restriction during designated hours while performing official duties.
B.
Permitted events. Individuals attending events, gatherings, or activities that have been officially permitted by the Town of Harvard and are taking place during the designated hours shall be exempt from this access restriction.
C.
Public safety situations. Individuals seeking refuge, assistance, or shelter due to emergencies, hazardous conditions, or unforeseen circumstances during the designated hours shall be exempt from this access restriction.
A.
Violation of this article shall result in appropriate enforcement actions, including warnings, fines, or legal measures as deemed necessary by the Town of Harvard.
B.
The penalty for violation of any provision of this article shall be as follows:
(1)
First offense: warning.
(2)
Second offense: $100 and/or summons.
(3)
Third and subsequent offenses: $200 and/or arrest or criminal summons pursuant to MGL c. 266, § 120.
(4)
Any person found to be committing a trespass hereunder pursuant to MGL c. 266, § 120, and who refuses to move from the grounds of a public building or from within a public building when requested by a police officer may be detained without a warrant by a police officer as prescribed under MGL c. 266, § 120. Law enforcement officers, designated public officials, or individuals authorized to enforce local bylaws are empowered to take appropriate actions to ensure compliance with this article.
This article shall take effect on October 3, 2023, upon approval by Harvard authorities.
Town of Harvard shall undertake efforts to inform and educate residents, visitors, and relevant stakeholders about the existence and implications of this article. This may include public announcements, signage at public property entrances, and dissemination of information through official communication channels.