City of Lowell, MA Chapter 222 Peace and Good Order

[HISTORY: Adopted by the City Council of the City of Lowell 4-26-1988 as §§ 12-1 to 12-9 and 17-6 of the 1988 Code. Amendments noted where applicable.]

§ 222-1 Alcoholic beverages.

A. Definitions. As used in this section, the following terms shall have the meanings ascribed below:

ALCOHOLIC BEVERAGE

Any beverage defined as an alcoholic beverage in MGL c. 138, § 1.

DRINKING

To consume or to have opened or partially filled any container of alcoholic beverage on his person or under his immediate control.

PRIVATE PROPERTY

Any real property within the City which is not owned, leased or occupied by the City.

PUBLIC PROPERTY

Includes any public property of the City, such as streets, ways, sidewalks, commons, parks, playgrounds, reservoirs, Alumni Field, Cawley Stadium, municipal parking lots, and areas of any real property, building or office owned by or leased to the City or occupied or used by any board, department, committee, commission or office of the City.

B. Drinking in public. No person shall consume (drink) any alcoholic beverages on any public property, public place, public way, etc., or any way to which the public has right of access as invitees.

C. Possession of alcoholic beverages for drinking on public or private property. No person shall bring any alcoholic beverages onto any public property or onto any private property or possess for drinking any alcoholic beverages in or upon any public or private property without the permission of the owner or person lawfully in charge or control of such public or private property.

D. Issuance of special permit. The drinking of alcoholic beverages on any park, playground or other public facility in the City shall be authorized and lawful upon the issuance of a special permit by the License Commission in accordance with the provisions and requirements indicated therein.

E. Arrest for violating section; seizure of alcoholic beverages. Any person found in the act of violating the provisions of this section may be arrested by a police officer without a warrant. All alcoholic beverages being used, in possession or in control thereof in violation of any provision of this section shall be seized and safely held until final adjudication of the charges against the person or persons arrested or summoned before the court, at which time such alcoholic beverages not used for evidential analysis shall be returned to the person or persons entitled to lawful possession of such. Any person found guilty of violating this section shall be subject to a fine of $10 for the first offense and $50 for the second offense and $50 for each and every subsequent offense thereafter.

§ 222-2 Nonalcoholic beverages.

[Added 10-13-1992]

It shall be unlawful for any person, business, corporation or partnership to sell or cause to be sold, to any person under the age of 21, nonalcoholic beer, malt or wine, however much reduced. Furthermore, said beverages are to be sold only in establishments licensed to sell alcoholic beverages.

§ 222-3 Firearms.

A. No person shall fire or discharge any gun, pistol or other firearm within the City, provided that this section shall not apply to the use of such weapons at any military exercise, review or funeral, or in the lawful defense of the person, family or property of any citizen.

B. The provisions of this section shall in no way affect or be construed to apply to duly authorized and licensed rifle ranges wherein competitive rifle, pistol and revolver practices, or tournaments in connection with target practice, are held.

C. The City Council, with the approval of the chief executive officer of the City and the Superintendent of Police, may issue permits or licenses to maintain or operate rifle, pistol and revolver ranges, which permits or licenses may, at any time, be revoked by the chief executive officer and the City Council without notice to the licensee or licensees.

D. A license or permit shall not be issued under this section until all the provisions of law or the ordinances have been complied with.

E. A permit or license shall issue only on the payment of a fee as provided in Chapter 150, Fees, payable to the Police Department.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 222-4 Disseminating harmful matter to minors. [1]

No person shall disseminate to a minor any matter harmful to minors in violation of MGL c. 272, § 28.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 222-5 Injuring or tampering with fire hydrants. [1]

No person shall remove the cover upon any hydrant in the City, except in case of fire, or by order of the chief executive officer of the City, Chief of the Fire Department, Executive Director of the Regional Water Utility or the Commissioner of Public Works, or in any way injure any hydrant, or cover thereof, or any lock on the same, or tamper with the same, or wantonly injure any pipe or pipes connected therewith, or any apparatus used or intended to be used with any hydrant or reservoir in the City for any purpose except putting out fire.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See also Ch. 155, Fire Prevention, § 155-15, Damage to fire hydrants.

§ 222-6 Sale of certain items at public auction.

It shall be unlawful for any person to sell, dispose of or offer for sale in the City at public auction, or to cause or permit to be sold, disposed of or offered for sale in the City at public auction, any gold, silver, plated ware, precious stones, watches, clocks or jewelry, whether the same is his own property or whether he sells the same as an agent or employee of others, provided that this section shall not apply to judicial sales, or sales by executors or administrators, nor to sales by or on behalf of licensed pawnbrokers of unredeemed pledges in the manner provided by law,[1] nor to the sale at public auction of the stock on hand of any person that shall, for the period of one year next preceding such sale, have been continuously in business in the City as a retail or wholesale merchant of gold, silver, plated ware, precious stones, watches, clocks or jewelry; provided, further, that such sale at public auction of the stock on hand of such merchant or merchants shall be held on successive days, Sundays and legal holidays excepted, and shall not continue for more than 30 days in all within the period of one year.

[1] Editor's Note: See Ch. 218, Pawnbrokers.

§ 222-7 Entering property for malicious purposes; peeping in windows.

A. 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 a house or spying upon any person resident therein, and no person, being on the premises of another, shall peep into the windows of a dwelling house thereon nor spy upon any person resident therein.

B. Nothing contained in this section shall be construed to abridge nor in any way limit the right of a police officer to arrest or to enter upon private property nor to perform any act necessary in the performance of his official duties.

§ 222-8 Swimming attire. [1]

No person, unless clothed in accordance with legal requirements, shall swim or bathe in any of the waters within or adjoining the City so as to be exposed to the view of spectators from any street, lane or building.

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See also Ch. 214, Parks and Recreation.

§ 222-9 Drug paraphernalia.

[Added 10-25-1988]

A. Definition. For the purposes of this section, "drug paraphernalia" shall mean all equipment, products, devices and materials of any kind which are used, or intended for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repacking, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body any controlled substance defined in MGL c. 94C.

B. Identification. In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following:

(1) Statements by an owner or by anyone in control of the object concerning its use.

(2) The proximity of the object, in time and space, to a direct violation of this chapter.

(3) The proximity of the object to controlled substances.

(4) The existence of any residue of controlled substances on the object.

(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in possession or control of the object, to sell, transfer, or distribute it to a person whom he knows intends to use the object to facilitate a violation of MGL c. 94C. The innocence of an owner, possessor, or of anyone in control of the object as to a direct violation of MGL c. 94C shall not prevent a finding that the object is used or intended for use as drug paraphernalia.

(6) Instructions, oral or written, provided with the object concerning its use.

(7) Descriptive materials accompanying the object which explain or depict its use.

(8) National and local advertising concerning its use.

(9) The manner in which the object is displayed for sale.

(10) Whether the owner, or anyone in control of the object, is a supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products.

(11) Direct or circumstantial evidence of the ratio of sales, transfer or distribution of the object(s) to the total sales of the business enterprise.

(12) The existence and scope of legitimate uses for the object in the community.

(13) Expert testimony concerning its use.

C. Possession, sale and manufacture prohibited; penalty for violation. No person shall sell, possess with intent to sell, or manufacture with intent to sell drug paraphernalia, knowing or under circumstances where one reasonably should know that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of MGL c. 94C. Whoever violates any provision of this subsection shall be punished by a fine of not more than $300 per offense.

D. Sale of tobacco rolling paper; printed warning; penalty for violation. On any premises where tobacco rolling papers are sold, the person in control of such premises shall cause to be displayed in a prominent place therein a printed warning that such papers shall not be used in conjunction with the possession of a controlled substance the possession of which is punishable by a fine or imprisonment. Whoever violates the provisions of this subsection shall be punished by a fine of not more than $100 per offense.

§ 222-10 Painting, writing or marking on real property. [1]

[Added 7-24-1990]

A. No person shall paint, write, mark, disfigure, deface or in any manner affix to any real property or improvements thereto any words, letters, drawings, writings or markings of any kind without the consent of the owner of said property.

B. Whoever violates this section shall be liable for a penalty of $25 for the first offense and $50 for each subsequent offense.

[1] Editor's Note: See also Ch. 164, Graffiti.

§ 222-11 Loitering.

[Amended 11-17-1992]

A. Prohibition. It shall be unlawful for any person, either alone or in concert with others, to loiter in or near any public place, place open to the public, or private place in a manner and under such circumstances manifesting a purpose to engage in an illegal activity in violation of law or of the Code of the City of Lowell, and under such circumstances that warrant alarm for the safety of persons or property in the vicinity, and after being directed and after being ordered by a police officer to move on and disperse.

B. Circumstances to be considered among the circumstances which may be considered by a police officer in determining whether such person is manifesting a purpose to engage in an illegal activity, which warrants alarm for the safety of persons or property in the vicinity, are:

(1) Such person is engaging in, or preparing, attempting, or threatening to engage in, or assisting or conspiring with another to engage in, any riot, fight, brawl, tumultuous conduct, act of violence, or any other such similar conduct which threatens the safety of persons or property in the vicinity; or

(2) Such person is a known unlawful drug user, possessor or seller, known to have been convicted of drug violations of law, acting in a discernible manner as to raise a reasonable suspicion that such person is about to engage in an unlawful drug-related activity, such as attempting to transfer small objects or packages for currency in a furtive fashion.

C. Order to disperse; opportunity; arrest. In order to dispel the alarm of the manifest illegal activity, a police officer on the scene shall order any person reasonably appearing to violate the provisions of this section to move on and to disperse, and if such person or persons so ordered, after a reasonable opportunity to do so, do(es) not obey, or reassemble(s) again on the same day or evening in the same vicinity, manifesting the same alarming purpose of illegal activity, shall arrest such person or persons and cause him or them to be brought before the court on a complaint for a violation of this section.

§ 222-12 Dangerous weapons.

[Added 5-26-2009]

A. Findings and purpose. The City Council has determined that like other cities of its size Lowell has incidents of violent crimes whereby knifes, machetes, other bladed weapons and homemade weapons (for example, a shaved golf club spear, a baseball bat with protruding nails) not regulated or prohibited by state law are used, possessed and carried to further such criminal activity. To preserve peace and good order, the City Council has determined there is a public need to protect and safeguard the welfare of the general public and public safety officers from the dangers and ills posed by said items.

B. Prohibition. No person, except as provided by law, shall carry on his person or have under his control in a vehicle while on, in, or upon a public way, any way to which the public has right of access, in any place to which members of the public have access as invitees or licensees, in any park or playground, conservation area or recreation area: a knife with a blade in excess of 2 1/2 inches, a machete, any altered or redesigned item such as a homemade weapon capable of inflicting serious bodily harm or any other weapon capable of penetrating a police officer's ballistic vest except:

(1) When engaged in hunting, fishing, or fowling and possessing all valid permits or licenses; or

(2) When engaged in employment, trade, recreational or culinary activity which customarily involves the carrying or use of such knives; or

(3) In going directly to or returning from such activities as listed in § 222-12-B(1) and (2); or

(4) If the knife is being transported directly to or from a place of purchase, sharpening, or repair, and if packaged in such a manner as not to allow easy access to the knife while it is being transported.

(5) Further, this prohibition does not apply to persons who, through entities or establishments engaged in a recognized retail or wholesale business, are involved in the sale, purchase or repair of knives for trade, sport, hobby, or recreation, including without limitation persons engaged in the transportation to or from such entities or establishments

C. Penalty. Every violation of this section shall be subject to a fine of not more than $300 for each offense. Enforcement of this penalty may be by arrest without warrant as it is a violation of MGL c. 272, § 59, criminal complaint, or by noncriminal disposition as provided by Article I, § 1-6, of this Code and MGL c. 40, § 21D.

D. Construction and severability. The provisions of this section shall be severable and if any section, part, portion or term hereof is held to be invalid for any purpose by a court of competent jurisdiction, it shall not affect or impair any remaining section, part or portion thereof.

§ 222-12.1 Banning replica firearms.

[Added 2-9-2016]

A. Definitions. As used herein, the following words shall have the following meanings:

PUBLIC PROPERTY

As defined in § 222-1.

REPLICA FIREARM

Any toy, imitation, facsimile or replica pistol, revolver, shotgun, rifle, air rifle, B-B gun, pellet gun, machine gun, or other similar simulated weapon which, because of its color, size, shape, or other characteristics, can reasonably be perceived to be a real firearm capable of firing a bullet or other projectile.

B. Regulation. No person shall sell, offer to sell, possess, use, display or give away any replica firearm on public property unless:

(1) The entire exterior surface of the imitation firearm is painted a bright color such as white, red, orange, yellow, blue, pink, purple, or green either singly or as the predominant color in combination with other colors in any pattern; or

(2) The imitation firearm is constructed entirely of transparent or translucent materials which permit unmistakable observation of the imitation firearm's complete contents; and

(3) The barrel of the imitation firearm, other than the barrel of a water gun, is closed with a blaze orange plug, permanently affixed, of the same material of which the imitation firearm is made, for a distance of not less than 1/2 inch from the front end of said barrel; and

(4) The imitation firearm has legibly stamped thereon the name of the manufacturer or some trade name, mark or brand by which the manufacturer can be readily identified; and

(5) The imitation firearm does not have a laser pointer attached.

C. Enforcement.

(1) If any individual under 18 years of age is found with a replica firearm by a member of the Lowell Police Department, the officer shall contact such individual's parent or guardian to inform him or her that the individual has been found with a replica firearm on public property. Parents or guardians shall be informed that they will be able to pick up the replica firearms at the district station after 24 hours. The officer shall confiscate the replica firearm and bring it to the police station for holding.

(2) If the individual is over 18 years of age, the officer shall confiscate the replica firearm(s) and inform the individual that he or she can pick the item(s) up at the district station after 24 hours.

D. Penalties. Any individual found in violation of any provision of this section in a second or subsequent instance shall forfeit the weapon, contraband, or dangerous device giving rise to the violation of such section and be subject to a fine of $50.

§ 222-13 Library child safety.

[Added 9-27-2011]

A. Purpose.

(1) The Massachusetts Sex Offender Registry Board classifies Level 3 sex offenders as persons determined by the Board to have a high risk of reoffending (see 803 CMR 1.03). In 2008, a six-year-old boy was raped by a Level 3 sex offender in the New Bedford Public Library. On August 26, 2010, a Level 3 sex offender was arrested and banned for life from the Pollard Memorial Library after removing his tracking bracelet while in a library bathroom. On March 21, 2011, a Level 3 sex offender was arrested on library grounds. Police had gone to the individual's home to arrest him on charges of assault and battery and failing to register as a sex offender. When they arrived at his home, police learned the offender had gone to the library and arrested him there.

(2) In response to these incidents, the City of Lowell has a legitimate and compelling state interest to ensure public safety and welfare of citizens who frequent the public library. In keeping with the City of Lowell's authority to protect the public safety and welfare of citizens who frequent the public library, this section is proposed so as to provide protection to children from interacting with Level 3 sex offenders in the Pollard Public Library.

B. Definitions. The following words and phrases, when used in this section, shall have the following meanings:

CHILD SEX OFFENDER

(1) Any person required to register as a sex offender pursuant to MGL c. 6, §§ 178C to 178P, inclusive and given a Level 2 or Level 3 designation by the Sex Offender Registry Board under MGL c. 6, § 178K, and whose victim was a child under the age of 16 or who has not yet been classified and who resides, has secondary addresses, works or attends an institution of higher learning in the commonwealth and who has been convicted of or who has been adjudicated as a youthful offender or as a delinquent juvenile, 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 of the following offenses: indecent assault and battery on a child under 14 under MGL c. 265, § 13B; rape of a child under 16 with force under § 22A of said Chapter 265; rape and abuse of a child under § 23 of said Chapter 265; assault of a child with intent to commit rape under § 24B of said Chapter 265; kidnapping of a child under the age of 16 under § 26 of said Chapter 265; enticing a child under the age of 16 for the purposes of committing a crime under § 26C of said Chapter 265; indecent assault and battery on a mentally retarded person under § 13F of said Chapter 265; assault with intent to commit rape under § 24 of said Chapter 265; inducing a minor into prostitution under MGL c. 272, § 4A; living off or sharing earnings of a minor prostitute under § 4B of said Chapter 272; disseminating to a minor matter harmful to a minor under § 28 of said Chapter 272; posing or exhibiting a child in a state of nudity under § 29A of said Chapter 272; dissemination of visual material of a child in a state of nudity or sexual conduct under § 29B of said Chapter 272; unnatural and lascivious acts with a child under 16 under § 35A of said Chapter 272; drugging persons for sexual intercourse under § 3 of said Chapter 272; aggravated rape under MGL c. 277, § 39; and any attempt to commit a violation of any of the aforementioned sections pursuant to MGL c. 274, § 6, or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, and whose victim was a child under the age of 16.

(2) A person who has been adjudicated a sexually dangerous person under MGL c. 123A, § 14, as in force at the time of adjudication, or a person released from civil commitment pursuant to MGL c. 123A, § 9, whichever last occurs, on or after August 1, 1981, and whose victim was a child under the age of 16.

(3) A person who resides in the Commonwealth of Massachusetts, has a secondary address, works at or attends an institution of higher learning in the commonwealth and has been convicted in any other state, in a federal or military court or in any foreign jurisdiction of any crime the essential elements of which are substantially the same as any of the crimes specified in above at Subsection (1), and which requires registration as a sexual offender in such other state or in the federal or military system, and who resides or works in this commonwealth on and after August 1, 1981, and whose victim was a child under the age of 16.

LIBRARY GROUNDS

All areas that are designated as the physical location and property of the Pollard Memorial Library, including:

(1) The exterior structure of the building, including all entrances;

(2) The interior of the building, including all rooms, book stacks, common areas, restrooms, administrative areas, storage closets, and all other interior rooms in the building;

(3) The designated library parking lot, including all handicapped spaces; and

(4) An area five feet around the library.

C. Prohibition. It shall be unlawful for a Level 3 sex offender to violate any of the following provisions regarding the use of the Pollard Memorial Library:

(1) Level 3 sex offenders are prohibited from entering or being present on library grounds during designated scheduled hours. These shall include:

(a) Every weekday during the Lowell Public School year from 2:00 p.m. to 6:00 p.m., to coincide with student study period.

(b) Every weekday during the Lowell Public School summer vacation from 9:00 a.m. to 1:00 p.m., to coincide with summer morning children's activities.

(c) Every Saturday from 9:00 a.m. to 1:00 p.m.

(d) Additional times for special children activities as determined by the library staff.

(2) Level 3 sex offenders will not be allowed to attend lectures or other special events open to the public and held at the Pollard Memorial Library without first notifying the front desk.

(3) During the allotted times Level 3 sex offenders are allowed to be at the library, they are required immediately upon entry of the library grounds to check in with the front desk and identify their presence with the front librarian.

(a) All Level 3 sex offenders will be issued a restricted library card, or the equivalent, upon first reporting with the front desk or any such desk identified by subsequent library policy. Level 3 sex offenders will be notified that upon receiving a restricted library card, both their parole board and/or probation officers, if applicable, will be notified of their status.

(b) All library personnel will be informed of the presence of the sex offender, his name, and physical appearance.

(4) Level 3 sex offenders are strictly prohibited from entering the children's section of the library.

(5) Level 3 sex offenders are strictly prohibited from engaging in conversation or interacting in any fashion with children.

(6) Level 3 sex offenders are strictly prohibited from entering the library stacks without first informing library staff at the front desk.

(7) All Level 3 sex offenders are required to check in with the front desk if they wish to use the bathroom. All Level 3 sex offenders are required to check in with the front desk after they use the bathroom.

(8) All Level 3 sex offenders are required to notify the front desk when they are exiting the library.

(9) Level 3 sex offenders shall only be allowed to use a filtered computer.

D. Exceptions. The provisions of this chapter shall not apply to:

(1) Any person whose name has been removed from the Massachusetts Sex Offender Registry or from the registry of any other state or in the federal or military system by act of a court or by expiration of the term such person is required to remain on such registry or reclassified as a Level 1 in Massachusetts or lowest offender category in another jurisdiction.

(2) The sex offender's natural or adopted child(ren) attend the library, which child's use reasonably requires the attendance of the child sex offender as the child's parent upon the library grounds, subject to the following conditions:

(a) The child sex offender's entrance and presence upon the property occurs only during hours of operation related to the use as posted to the public.

(b) All other restrictions and conditions on the sex offender enumerated in this section remain in effect.

(c) While the sex offender's natural or adopted child(ren) are allowed to use the children's section, the sex offender remains strictly prohibited from entering.

E. Notice. The Superintendent of Police or his designee shall make reasonable efforts to provide prompt, actual written notice of the enactment of this section (which notice shall contain a copy of the ordinance) to all persons who are listed on the sex offender registry as of the effective date of this section and who were given a Level 2 or Level 3 designation, as well as those persons who are added to the sex offender registry at such levels thereafter, which persons' addresses (as shown on the sex offender registry) are within the City of Lowell. Such notice requirement may be satisfied by the mailing of such notice by registered or certified mail, return receipt requested, to the last known address of such person as listed on the sex offender registry or as otherwise known to the Chief of Police. The failure of any person to receive such actual written notice shall not be a defense to a violation of this section.

F. Enforcement.

(1) Upon reasonable belief of a librarian or other library employee that a child sex offender is present on library grounds in violation of any provision in this section, he shall immediately contact the Lowell Police Department, alert all library staff of the violation, and initiate emergency protocols.

(2) Upon reasonable belief of the police officer that a child sex offender is present on library grounds in violation of this section, the officer shall obtain from the suspected child sex offender his/her name, address, and telephone number. Should the police officer thereafter establish that the individual is a child sex offender as defined in this section, then the officer shall issue a written citation that such individual is in violation of this section and also escort the individual off library grounds. An individual who refuses to leave or is later found to be on library grounds shall be subject to the penalties set forth in Subsection G.

G. Penalties.

(1) Any violation of this section found after a hearing, if one is so requested, by a Level 3 sex offender will result in a lifetime ban of use of the Pollard Memorial Library. The Massachusetts Sex Offender Registry Board, the parole board, and/or parole officer of the offender will immediately be informed of the violation.

(2) Any violation of this section may be subject to criminal penalties and prosecuted in a court of competent jurisdiction and shall result in a criminal fine of up to $300. An offender who violates this section and is later found on library grounds after the institution of the lifetime ban shall result in a criminal fine of up to $300. A child sex offender commits a separate offense for each and every violation of this section. Except for persons who are not yet 17 years of age when they commit any such offense, violation of this section may further constitute a violation of MGL c. 272, § 59, for which the violator is also subject to immediate arrest without warrant. The issuance of a citation shall not preclude the City from seeking or obtaining any or all other legal and equitable remedies to prevent or remove a violation of this section, to include written notification to the parole and/or probation officer and the Commonwealth's Sex Offender Registry Board that the child sex offender has violated a municipal ordinance.

(3) Injunction. If a child sex offender is present upon or within library grounds in violation of § 222-13 above, the City Solicitor may bring an action in the name of the City to permanently enjoin any such violation as a public nuisance.

H. Harmonious construction. The provisions of this § 222-13 shall supplement and be construed harmoniously with other sections of this chapter and the MGL c. 140.

§ 222-14 Public urination and defecation.

[Added 6-10-2014]

A. Definitions. For purposes of this section, the following terms have the following meanings:

APPROPRIATE SANITARY FACILITY

A fixed or portable urinal, toilet, commode, or other facility or device that accommodates or is designed for the sanitary disposal of human bodily fluids or waste and that allows the user of the sanitary facility to be enclosed from public view while the user is urinating or defecating.

PUBLIC PLACE

Any place to which the public or a substantial group of persons has access and/or view. A "public place" includes, but shall not be limited to, public ways, streets, sidewalks, walkways, alley or alleyways, highways, bridges, overpasses, parking lots, municipal buildings, municipal parking lot facilities, municipal parking lot ramps, vacant or undeveloped lots, front yards, backyards, driveways, transportation facilities, parks, pools, plazas, building facades, stairwells, alcoves, doorways, entranceways, pedestrian malls, playgrounds, places of amusement, hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.

B. Enforcement.

(1) No person may urinate or defecate in, on, or about a public place unless through the use of an appropriate sanitary facility.

(2) This section shall not apply to the use of children's diapers, pull-ups, training diapers or pants, adult incontinence pads, sanitary napkins, maximum absorbency garments, or any other sanitary protection devices, so long as said devices are employed in accordance with their designed function.

(3) Nothing in this section shall preclude the City of Lowell or any law enforcement officer of any jurisdiction from charging an offender for violation of any other applicable law or ordinance arising from the offender's prohibited conduct.

C. Penalties.

(1) Any person who violates this section is liable for a civil offense punishable by a fine of $50 for the first offense, $100 for the second offense, $200 for the third offense, and $300 for each subsequent offense. Each act and/or each day in violation of this section shall constitute a separate offense.

(2) A penalty provided for under this section may be imposed in conjunction with any other charges or penalties imposed for violation of any other criminal or civil offenses committed.

(3) Violations of this section shall be disposed of in accordance with MGL c. 40, § 21D, and Lowell Code of Ordinances, § 1-6.

§ 222-15 Panhandling.

[Added 11-12-2013; amended 2-4-2014; 3-3-2015]

A. Definitions. As used in this section, the following terms shall have the meanings indicated:

AGGRESSIVE MANNER

(1) Approaching or speaking to a person, or following a person before, during or after soliciting if that conduct is intended or is likely to cause a reasonable person to fear bodily harm to oneself or to another or damage to or loss of property or otherwise to be intimidated into giving money or other thing of value;

(2) Continuing to engage in panhandling toward a person after the person has given a negative response to such soliciting;

(3) Intentionally touching or causing physical contact with another person or their property without that person's consent;

(4) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

(5) Using violent or threatening language and/or gestures toward a person or toward his or her property, which are likely to provoke an immediate violent reaction from that person;

(6) Following a person with the intent of asking that person for money or other things of value;

(7) Panhandling toward anyone who is waiting in line for tickets, for entry to a building or for any other purpose;

(8) Panhandling in a manner with conduct, words or gestures intended or likely to cause a reasonable person to fear immediate bodily harm, danger or damage to or loss of property or otherwise be intimidated into giving money or any other thing of value;

(9) Panhandling in a group of two or more persons in an intimidating fashion;

(10) Panhandling within 20 feet of the entrance to, or parking area of, any bank, automated teller machine, automated teller machine facility, check-cashing business, mass transportation facility, mass transportation stop, public restroom, pay telephone or theater, or any outdoor seating area of any cafe, restaurant or other business.

AUTOMATED TELLER MACHINE

A device, linked to a financial institution's account records, which is able to carry out transactions, including, but not limited to, account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments which are made available to banking customers.

AUTOMATED TELLER MACHINE FACILITY

The area comprised of one or more automatic teller machines, and any adjacent space which is made available to banking customers during and after regular banking hours.

BANK

The same as defined in MGL c. 167, § 1.

CHECK-CASHING BUSINESS

The same as that defined by MGL c. 169A, § 1.

DOWNTOWN LOWELL HISTORIC DISTRICT

The Downtown Lowell Historic District as defined in Section 4 of Chapter 566 of the Acts of 1983, An Act Establishing the Downtown Lowell Historic District. A map of said district is attached hereto and made a part hereof and marked as Exhibit A.[1]

PANHANDLING

The solicitation of any item of value, monetary or otherwise, made by a person, requesting an immediate donation of money or exchange of series; or any person attempting to sell an item for an amount far exceeding its value, or an item which is already offered free of charge to the general public, and under circumstances a reasonable person would understand that the purchase is in substance a donation.

[1] Editor's Note: The map of the Downtown Lowell Historic District is on file in the City offices.

B. Panhandling prohibited.

(1) Panhandling is prohibited within the Downtown Lowell Historic District, except that, for purposes of this section only, panhandling shall not include the act of passively standing or sitting or performing music, singing or other street performance with a sign or other indication that a donation is being sought, without any vocal request other than in response to an inquiry by another person. Any police officer observing any person violating this provision may request or order such person to cease and desist in such behavior and may arrest such person if he or she fails to comply with such request or order.

(2) Aggressive panhandling prohibited. Panhandling in an aggressive manner is prohibited. Any police officer observing any person violating this provision may arrest such person.

C. Penalties.

(1) Criminal disposition. Any person who violates a provision of this section is guilty of a separate offense for each day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine of $50.

(2) Noncriminal disposition. Any person who violates any provision of this section may be penalized by a noncriminal disposition as provided for under MGL c. 40, § 21D. The Police Department shall enforce this section. The penalty for each violation shall be $50 for each day or part of a day during which the violation is committed, continued, or permitted.

D. Severability. If any section or application of this section shall be adjudged by any court of competent jurisdiction to be unconstitutional, the validity, legality and enforceability of the remaining sections or applications shall not in any way be affected or impaired thereby.

§ 222-16 Synthetic recreational drugs.

[Added 8-12-2014[1]]

A. Definitions. For purposes of this section, the following terms have the following meanings:

PERSON

An individual, corporation, partnership, wholesaler, retailer, or any licensed or unlicensed business.

SYNTHETIC RECREATIONAL DRUGS

Any product or substance that contains a synthetic chemical compound that, when consumed, inhaled, injected, or otherwise administered, produces a psychoactive, psychotropic, or hallucinogenic effect. The term "synthetic drugs" shall include:

(1) SYNTHETIC MARIJUANA or SYNTHETIC CANNABINOIDS

(a) Any substance as defined by 21 U.S.C. § 812, excluding "marijuana" as such term is defined in MGL c. 94C, § 1; or

(b) Any substance that contains chemical structures that mimic functionally the effects of delta-9-tetrahydrocannabinol (THC); or

(c) Any substance that contains cannabinoids, including, but not limited to, AKB48, XLR-11, UR-144, JWH-210, STS-135, AB-001, JWH-018, JWH-073, CP-47, CP-497, JWH-200, or cannabicyclohexanol; or

(d) Any substance that has been chemically treated and is possessed, sold, or purchased with the intent that it will, despite labeling to the contrary, be consumed by humans for the purpose of intoxication, which if consumed, may induce an effect or effects of any of the substances listed in this section.

(2) SYNTHETIC CATHINONES

(a) Any substance as defined by 21 U.S.C. § 812; or

(b) Any β-keto phenethylamine derivative that produces pharmacological effects similar to the Schedule I substances cathinone, methcathinone, and 3,4-methylenedioxymethamphetamine (MDMA), Schedule II stimulants amphetamine, methamphetamine, and cocaine, or contains 4-MEC, 4-MePPP, α-PVP, Butylone, Pentedrone, Pentylone, Flephedrone, or Naphyrone; or

(c) Any substance that has been chemically treated and is possessed, sold, or purchased with the intent that it will, despite labeling to the contrary, be consumed by humans for the purpose of intoxication, which if consumed, may induce an effect or effects of any of the substances listed in this section.

B. Possession, storage, provision, sale, and distribution of synthetic recreational drugs.

(1) It is unlawful for any person to possess, store, manufacture, sell, distribute, or provide to another any synthetic recreational drug within the City of Lowell.

(2) Attempting to disclaim a synthetic recreational drug as "not safe for human consumption" will not avoid application of the provisions of this section.

(3) It is unlawful for any person to possess, store, manufacture, sell, distribute, or provide any synthetic recreational drug from any real property owned, possessed, managed, or controlled by that person in the City of Lowell.

(4) Nothing in this section shall preclude the City of Lowell or any law enforcement officer of any jurisdiction from charging an offender for violation of any other applicable law or ordinance arising from the offender's prohibited conduct.

C. Enforcement.

(1) The Lowell Police Department, inspectors of the Development Services Department, the outreach worker from the Health and Human Services Department and the Tobacco Control Director shall be the enforcing authorities for this section.

(2) The enforcing authority may consider any of the following evidentiary factors to determine if the product is a synthetic recreational drug:

(a) The product is not suitable for its marketed use;

(b) The business does not typically provide, distribute, or sell products that are used for that product's marketed use;

(c) The product contains a warning label not typically present on like products, such as "not for human consumption" or "not for purchase by minors";

(d) The product is significantly more expensive than products that are used for that product's marketed use.

(e) The product resembles an illicit drug; or

(f) The product's name or packaging uses images or slang referencing an illicit drug.

(g) A member of the Health and Human Services Department or Inspectional Services office has reported the product to the Police Department.

D. Penalties.

(1) Any person, firm, store, corporation, or entity found in violation of this section shall be fined $300 for the first and each subsequent offense. Each act and/or each day in violation of this section shall constitute a separate offense.

(2) Any person, firm, store or entity who is licensed by the City and is found in violation of this section may, after a hearing, have any such local license revoked.

(3) A penalty provided for under this section may be imposed in conjunction with any other charges or penalties that can be imposed for violation of any other criminal or civil offenses committed.

(4) Violations of this section shall be disposed of in accordance with MGL c. 40, § 21D, and Lowell Code of Ordinances § 1-6. Nothing in this section shall limit or prevent written complaints to the Hearing Officer on this subject as provided in MGL c. 40U.

[1] Editor's Note: This section was adopted as § 222-15 but was renumbered to avoid duplicate section numbers.

§ 222-17 Public nuisance properties.

[Added 1-3-2017]

A. Establishment; function and purpose. The purpose and scope of this section is to enable the City to cite property owners whose properties have become a public nuisance through repeated incidents of criminal, noncriminal, dangerous, offensive, or unsanitary activity, necessitating multiple responses by the Lowell Police Department, Lowell Fire Department, Lowell Development Services Department, or other City departments. Through enforcement of this section, the City seeks to rectify such negative conditions so as to promote the common good and general welfare of the City.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

PROPERTY

Any land, buildings, subdivisions of buildings, apartments or units within buildings, and/or any other immovable improvements or fixtures on any land within the City.

PUBLIC NUISANCE

(1) Any unreasonable interference with a right common to the general public, including but not limited to criminal offenses, repeated false alarms, civil offenses, conditions that engender criminality, endanger public health and safety, promote offensive activity, or otherwise threaten the general welfare of the neighborhood and/or City.

(2) Examples of public nuisance activity include, but are not limited to, disturbing the peace, trespassing, underage drinking, domestic disturbance, assault, violations of the City's Noise Ordinance, and/or violations of any local rule, ordinance, state law, or federal law.

PUBLIC NUISANCE PROPERTY

Any property in the City, so designated by the sole authority of the City Manager, which meets one or more of the following criteria in any of the following subsections:

(1) The Lowell Police Department and/or Lowell Fire Department has been called more than five times within a twelve-month calendar period for any public nuisance incident;

(2) The Lowell Police Department and/or Lowell Fire Department has been called more than five times within a twelve-month calendar period for any emergency and/or incident requiring such a response;

(3) The Lowell Police Department, Lowell Fire Department, Development Services Department, or any other City department has observed, reported, received complaints, and/or possesses evidence of criminal activity, code violations, unsafe conditions, offensive activity, or any other incidents at the property which has required or could require the deployment of City resources (including but not limited to false alarms) more than five times within a twelve-month calendar period;

C. Application.

(1) In making the determination to designate a property as a public nuisance property, the City Manager shall consider the following factors in making his decision:

(a) The nature, scope, and seriousness of the public nuisance incident(s);

(b) Whether the public nuisance incident(s) resulted in an arrest;

(c) The history of criminal activity taking place at the property;

(d) The history of code violations or other unsafe, hazardous, or unsanitary conditions at the property;

(e) The property owner's and/or occupant's cooperation with the Lowell Police Department, Lowell Fire Department, Development Services Department, or any other City department;

(f) The total number of properties owned by the property's owner relative to the number of said properties either deemed public nuisance properties or having experienced public nuisance incidents;

(g) Any reports submitted by the Superintendent of the Lowell Police Department, the Chief of the Lowell Fire Department, the Director of the Development Services Department, and/or any authorized designee, requesting the designation of the property as a public nuisance property and the reasoning for such a request.

(2) Upon designation as a public nuisance property, a citation shall be served upon the owner(s) and/or occupant of the property. In addition, tenants shall be informed of the designation of the property as a public nuisance property, the reasons for such designation, the incidents that required the repeated deployment of City resources or personnel, and the penalties imposed.

D. Enforcement.

(1) Enforcement of the provisions of this section shall be in accordance with MGL c. 40U.

(2) The City Manager, Lowell Police Department, Lowell Fire Department, and Development Services Department shall be the enforcing authorities for this section.

(3) Any penalty provided for under this section may be imposed in conjunction with any other charges or penalties that may be imposed for violation of any other local, state, or federal law or regulation.

(4) Nothing in this section shall be interpreted to restrict or otherwise impede the City's ability to take any authorized lawful action towards a public nuisance property in order to rectify any violation of local, state, or federal law.

E. Penalties.

(1) Any owner and/or occupant found in violation of this section shall receive a ticketed fine as established in the City's Schedule of Fees in accordance with MGL c. 40U, § 11 (currently, $300), for each violation of this section.[1]

[1] Editor's Note: See Ch. 150, Fees.

(2) In addition, the City Manager is hereby authorized to, through the appropriate City department, bill the property owner for the costs the City incurred for its police, fire, or other City responses to public nuisance incidents, in addition to any incidental costs during the period of City response to the particular property or location. The property owner is responsible for payment of the bill in full within 30 days of receiving the bill. All amounts collected shall be deposited into the general fund of the City in accordance with MGL c. 40U, § 17.

(3) Any unpaid bill for police, fire, or other City responses to public nuisance incidents, including interest and/or collection of costs, shall be added to the real estate tax on the property and collected as part of that tax. Failure to pay real estate taxes will render the property owner delinquent, and the City shall commence all appropriate legal measures, up to and including foreclosure proceedings.

(4) Nothing in this section shall be interpreted to restrict or otherwise impede the City's ability to impose any other fine, penalty, action, or corrective measure towards any public nuisance property as authorized by local, state, and federal law.

F. Noncriminal disposition. In accordance with MGL c. 40, § 21D, the City may pursue a noncriminal disposition of any citation issued under this section.

§ 222-18 Pub crawls.

[Added9-12-2017]

A. Purpose.

(1) Unregulated pub crawl events pose a risk to public health and safety and increase the likelihood of underage drinking and drunk and disorderly conduct.

(2) Rules and regulations mitigate these risks and provide a safe environment and maintain the public safety.

(3) The City of Lowell, by regulating pub crawl events, maintains a legitimate and compelling state interest to ensure public safety and welfare of persons who participate in pub crawl events as well as the general public.

B. Definitions. The following words and phrases, when used in this section, shall have the following meanings:

COORDINATOR

An employee of a licensed establishment, over the age of 21, stationed at a particular licensed establishment participating in a pub crawl event.

ESTABLISHMENT

An establishment in the City of Lowell licensed to serve alcoholic beverages pursuant to MGL c. 138 and all other applicable state and local laws and regulations.

ORGANIZER

Anyone who contracts or is designated by one or more alcohol establishments for the purpose of organizing, controlling, and advertising increasing notoriety and popularity of a pub crawl event.

PUB CRAWL EVENT

A group of establishments participating in the promotion of an event featuring the sale or service of alcoholic beverages at more than one licensed establishment during a specified time period.

C. Pub crawl license.

(1) In order to hold a pub crawl event, all participating establishments must hire or designate one person to serve as organizer of the event, and each establishment must designate one or more coordinators to be on their premises for the entire duration of the event.

(2) At least 30 days prior to holding any pub crawl event, an organizer must obtain a pub crawl license from the License Commission. The organizer must provide to the Commission:

(a) The names and addresses of all licensed establishments expected to participate;

(b) The location(s) and/or geographic area(s) where the event will take place;

(c) The actual hours of the event;

(d) The operational plan and security plan, which shall include:

[1] The name and number of security personnel contracted for the event;

[2] A plan for controlling underage drinking; and

[3] The method to be used for checking participants' identification;

(e) The location of the designated registration area(s);

(f) The number of tickets they intend to sell or anticipated number of participants.

(3) No establishment whose license has been suspended for one day or more for a violation of the License Commission Rules and Regulations and/or Alcoholic Beverages Control Commission (ABCC) Regulations within the previous year may participate in a pub crawl event.

(4) Establishments that serve food are required to have food available either for purchase or as part of the event during the hours of the pub crawl event.

(5) All advertising and promotional materials for pub crawl events shall include the statement "You must be 21 or older to participate in this event."

(6) The issuance of a pub crawl license shall be solely at the discretion of the License Commission. The License Commission may place restrictions upon the hours, participating licensed establishments, and the nature and size of the pub crawl events held under the license in order to protect the public safety.

(7) The License Commission may fine, suspend, or revoke the pub crawl license and any participating licensed establishments if the organizer:

(a) Fails to control the environment;

(b) Has sustained community complaints or police action;

(c) Fails to comply with the terms of its pub crawl license;

(d) Otherwise violates the Rules and Regulations of the License Commission or Alcohol Beverage Control Commission.

(8) A licensed establishment shall not be permitted to participate in more than one pub crawl event at any one time.

(9) No pub crawl events shall be permitted to occur on July 4, October 31, or December 31.

D. Penalties.

(1) Violations of this section shall be punishable by a fine of $300 for each offense.

(2) Any violation of this section shall be adjudicated and disposed of by the License Commission pursuant to state law.

(3) Nothing in this section shall preclude the imposition of other civil and/or criminal penalties for other violations as permitted under state and/or local law, including the suspension and/or revocation of a license after a hearing by the License Commission.

E. Severability. If any section or application of this section shall be adjudged by any court of competent jurisdiction to be unconstitutional, the validity, legality and enforceability of the remaining sections or applications shall not in any way be affected or impaired thereby.

§ 222-19 Consumption of marijuana in public prohibited.

[Added 5-29-2018]

A. Definitions.

(1) For purposes of this section, the following terms have the following meanings:

PUBLIC PLACE

Any place to which the public or a substantial group of persons has access and/or view. A "public place" includes, but shall not be limited to: public ways, streets, sidewalks, walkways, alley or alleyways, highways, bridges, overpasses, parking lots, municipal buildings, municipal parking lot facilities, municipal parking lot ramps, vacant or undeveloped lots, transportation facilities, parks, pools, plazas, building facades, stairwells, alcoves, doorways, entranceways, pedestrian malls, playgrounds, places of amusement, hallways, lobbies, and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.

B. Enforcement.

(1) Nothing in this section shall preclude the City of Lowell or any law enforcement officer of any jurisdiction from charging an offender for violation of any other applicable law or ordinance arising from the offender's prohibited conduct.

C. Penalties.

(1) Any person who violates this section is liable for a fine of $100 for the first offense, $200 for the second offense, $300 for the third offense, and $300 for each subsequent offense. Each violation and/or each day in violation of this section shall constitute a separate offense.

(2) Any person found in violation of this section shall receive a fine as established in the City's Schedule of Fees in accordance with MGL c. 40U, § 11, for each violation of this section.

§ 222-20 Smoking in playgrounds prohibited.

[Added 1-7-2020]

A. Definitions.

(1) For purposes of this section, the following terms have the following meanings:

PLAYGROUND

An area located in a park, at a school or in its own location where children congregate or play, in which play equipment for children is located, or which is equipped with facilities for recreation. Playgrounds shall include ball fields and courts in which children's activities occur. Playgrounds also include fenced-in tot-lot areas.

SMOKING

Inhaling, exhaling, burning or carrying of a lighted or heated cigar, cigarette, pipe or other tobacco product intended for inhalation in any manner or form, including the use of electronic cigars, electronic cigarettes, vaping products, electronic pipes or other similar products that rely on vaporization or aerosolization.

TOBACCO PRODUCT

Any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, including, but not limited to, cigarettes, cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, vaping products, hookahs, electronic hookahs or other similar products, regardless of nicotine content. "Tobacco product" includes any component of a "tobacco product" but does not include any product that has been approved by the United States Food and Drug Administration either as a tobacco use cessation product or for medical purposes and which is marketed and sold or prescribed solely for the approved purpose.

B. Conduct prohibited.

(1) Smoking tobacco products by any person shall be unlawful in, on or within 50 feet of a playground.

C. Enforcement and penalties.

(1) Any person found in violation of this section shall be subject to a fine of $200 for the first offense and $300 for any subsequent offenses. Any fine imposed under the provisions of this section shall inure to the City of Lowell. Enforcement of this section shall be by noncriminal disposition as provided in MGL c. 40, § 21D, or by filing a criminal complaint at the appropriate venue.

§ 222-21 Murals.

[Added 5-11-2021]

A. Mural standards: definition. "Mural" means a hand-produced or machined graphic applied or affixed to the exterior of a building wall through the application of paint, canvas, tile, metal panels, applied sheet graphic or other medium generally, so that the wall becomes the background surface or platform for the graphic, generally for the purpose of decoration or artistic expression, including, but not limited to, painting, fresco, or mosaic.

B. Mural placement.

(1) Murals shall not be permitted on the primary facade. A "primary facade" is defined, for purposes of this section, as the building elevation that faces the adjacent street right-of-way and is the primary customer entrance. Buildings located on a block corner with the primary customer entrance on that corner shall be reviewed by the Cultural Affairs and Special Affairs (CASE) Office.

(2) Murals located in the Downtown Lowell Historic District shall require additional review to ensure compliance.

C. Prohibited mural types. The following types of murals are prohibited:

(1) Murals or other representations that imitate or appear to imitate any official traffic sign or device which appears to regulate or direct the movement of traffic or which interferes with the proper operation of any traffic sign or signal, or which obstructs or physically interferes with a motor vehicle operator's view of approaching, merging, or intersecting traffic.

(2) Murals that project from the wall surface, except for the minimum necessary protrusion to mount the mural to the wall or structure.

(3) Murals that contain material that, when taken as a whole, appeals to the prurient interest in sex, portrays sexual conduct in a patently offensive way, and which, taken as a whole, an average person applying contemporary community standards would not believe to have serious literary, artistic, political, or scientific value.

(4) Murals that are directed to incite or produce imminent lawless action and are likely to incite or produce such action.

(5) Murals that convey threats of violence that are directed at a person or group of persons that have the intent of placing the target at risk of bodily harm.

(6) Proposed work which contains material that when taken as a whole, applying contemporary community standards, reflects racist, misogynist, xenophobic, or otherwise bigoted imagery and/or messages will be denied.

(7) Proposed work shall not contain commercial advertising or messages. Copyrighted images are not allowed. CASE shall review and take special consideration for proposed murals that reflect historic advertising signs.

(8) Murals on the facades of historic mill structures, gatehouses, locks and canals, and canalways are strictly prohibited. Mural projects located in the Historic District will require an application to the Lowell Historic Board for review and approval of location and architectural context, in connection with the historic significance of the building proposed for the mural, to ensure District authenticity.

D. Lowell Historic Board.

(1) In addition to the requirements outlined within this section, the Lowell Historic Board will provide additional review on a case-by-case basis to all proposed projects located on the following building types in order to protect nationally and locally significant historic structures from adverse impact as well as to safeguard prior invested in the District:

(a) Structures rated "A" (nationally significant) or "B" (locally significant) on the Lowell Historic Preservation commission (LHPC) index of historic resources in the District.

(b) Structures located within the National Historical Landmarks Locks & Canals Historic District.

(c) Structures that have received federal or state historic rehabilitation tax credits as part of their rehabilitation.

(d) Structures that have a LHPC/Interior Department preservation restriction on it and/or that have received a prior grant or loan from the LHPC.

(2) The Lowell Historic Board shall ensure that proposed installations cannot obscure or detract from architectural features, nor detract from the existing historic, architectural, and design context of the site and surrounding area. The installation must respect the historic setting and must not overwhelm or be obtrusive.

E. Surface preparation. Sand and high-pressure water blasting are not permitted as a cleaning process for either surface preparation or for mural maintenance purposes in any historic district or any building eligible for inclusion on the State or National Register of Historic Buildings. Treatments that cause damage to historic materials shall not be used.

F. Maintenance.

(1) The mural shall be kept in good condition for the life of the mural pursuant to the maintenance schedule and responsibilities approved by Cultural Affairs and Special Events (CASE) and incorporated into the mural permit. A mural shall be deemed to be in a state of disrepair when 25% or more of the display surface area contains peeling or flaking paint, or is otherwise not preserved in the manner in which it was originally created.

(2) The display surface shall be kept clean and neatly painted and free from corrosion.

(3) Any mural that is not maintained according to the maintenance schedule incorporated into the mural permit or that falls into a state of disrepair may be ordered removed or covered with opaque paint, similar to the primary building materials/colors or other appropriate material by CASE, or the City Manager or designee, all in the manner provided for in the mural permit. Owners of murals subject to removal shall be provided a time limit of 30 days from the date of the written notice for such removal or covering. CASE and/or City Manager designee may authorize additional time for good cause shown.

G. Design and safety standards.

(1) Explanatory wording relative to the graphic may be incorporated into the mural. Artist signatures shall be allowed in proportion to the overall size of the mural, limited to maximum of two square feet in size.

(2) The proposed mural will not have an adverse impact on the safe and efficient movement of vehicular or pedestrian traffic.

(3) The location and scale of the mural should be in keeping with and enhance the building or structure on which it is located.

(4) The proposed mural is well integrated with the building's facade and other elements of the property and enhances the architecture or aesthetics of a building or wall.

(5) The proposed mural, by its design, construction, and location, will not have a substantial adverse effect on abutting property or the permitted use thereof.

(6) The proposed mural is not detrimental to the public health, safety, or welfare.

(7) The mural will not have a detrimental effect on the structural integrity of the wall on which it is applied/affixed.

(8) The maintenance schedule is reasonable for the mural and the building on which it is applied/affixed. Any deterioration, vandalism, and other maintenance issues shall be addressed in a timely manner by the artist and/or sponsoring organization. Failure to properly maintain the mural will result in notification for removal.

(9) Installations cannot obscure or detract from architectural features, nor detract from the existing historic, architectural, and design context of the site and surrounding area. The installation must respect the community setting and have no tendency to overwhelm or be obtrusive.

(10) Murals must be secured in a manner so that they will not create potential hazards to the building, public, or surrounding property.

H. Mural permit. No mural shall be installed unless written permission is first obtained by the owner of the building upon which the mural is to be placed, or the building owner's agent, and a mural permit is obtained from the City of Lowell's Cultural Affairs and Special Events (CASE) Office.

I. Application requirements. Each permit application shall contain, but not be limited to, the following information:

(1) A brief proposal describing the scope of the project, including a site plan showing the lot and building dimensions, and indicating the proposed location of the mural.

(2) Pictures of the building elevations.

(3) A scale drawing and color photo of the building elevation showing the proposed size and placement of the mural.

(4) A colored drawing of the proposed mural.

(5) A biography of the artist and/or the group installing the mural. The City of Lowell reserves the right to ask for a portfolio of artwork demonstrating the artist's prior experience undertaking a project of this scope.

(6) A description of the proposed maintenance schedule that indicates the expected life of the mural, the maintenance plan for that period, and method for removal, if applicable.

(7) Written confirmation by the mural provider/installer that no damage or negative impact will occur to the wall surface that the mural is to be applied or affixed to.

(8) Written permission from the owner of the building to which the mural is intended to be applied, if applicant is not the building owner.

(9) An acknowledgement that the mural must be removed or covered if so ordered by the City of Lowell for failure to maintain or for reaching a state of dilapidation.

J. Mural permit approval.

(1) A complete application shall be submitted to the Cultural Affairs and Special Events (CASE) Office for review. CASE reserves the right to consult with additional artist organizations in the City of Lowell during the review process.

(2) Applications for a mural permit in the Downtown Lowell Historic District shall be distributed by CASE to the Lowell Historic Board for comment regarding consistency and compliance with the Board's policy on murals and/or public art. CASE shall coordinate, within 30 days of receipt of a complete application, placing the application on an upcoming Lowell Historic Board Agenda for consideration of the proposed location.

(3) Proposed murals located in the Downtown Lowell Historic District will require location approval from the Lowell Historic Board.

(4) All other mural permit applications will be reviewed and approved by the City. No mural permit shall be approved unless CASE, or the City Manager's designee, shall find that these requirements have been fulfilled.

K. Appeals.

(1) The City reserves the right to deny applications based upon the standards and qualifications contained in this ordinance, as well as other City of Lowell policies. Appeals of any decision to approve or deny a mural application must be made in writing to CASE within 10 days of the decision. Said appeal shall be heard by representatives of CASE, the Lowell Cultural Council, and the City Manager (or his/her designee); this panel shall work with the owner/applicant and/or other appellant to attempt to resolve conflicts collaboratively. If a resolution cannot be met, the appeal panel will request that the appeal be placed on a Lowell City Council Agenda for public discussion and vote.

(2) This section shall not apply to the appeal of any Lowell Historic Board decision, which shall be governed by the appeals process for Lowell Historic Board actions laid out in Ch. 566, Sec. 12 of the Acts of 1983.

L. Fees. There is no fee to apply for a public mural project through the Office of Cultural Affairs and Special Events. However, applicants will be responsible for all City permits and fees that are required for the execution of the project. This includes, but is not limited to, relevant Historic Board application fees and/or notice requirement fees, street closing permit(s), police details, DPW services, and any other City services required to implement the project.

§ 222-22 Unlawful camping on public property.

[Added 11-12-2024]

A. Established; function and purpose.

(1) It is unlawful for any person to camp or maintain a campsite or camp materials in or on any public property or in the public right-of-way, including but not limited to any street, sidewalk, school or public park, unless specifically authorized or during a period when shelter is unavailable.

(2) It is the purpose of this section to promote public health, public safety, general welfare, and the economic health and well-being of Lowell, its workers, visitors, students, and residents, including individuals experiencing homelessness, by prohibiting unsanctioned camping and the dangerous and unsafe conditions surrounding such campsites.

(3) This section seeks to improve access to housing and recovery services by restoring access to public spaces, the public right-of-way, and curtailing the existence of campsites that shield drug trafficking, human trafficking, weapons, fire hazards, violence and other criminal activity, and that create conditions for large crowds to congregate.

(4) This section shall apply to all campsites and camping on public property, including, but not limited to, streets, sidewalks, and public rights-of-way.

B. Definitions.

CAMP MATERIALS

Means items used to establish or facilitate occupancy of a campsite, including tents, tarps, huts, awnings, lean-tos, or other temporary structures, as well as large furniture, stoves and other cooking instruments, and/or other collections of personal property that are, or reasonably appear to be, arranged and/or used as accommodations to camp.

CAMPSITE

Means any place upon City property where a tent, tarp, or other temporary structure is established for the purpose of maintaining an outdoor shelter.

CITY PROPERTY

Means all property, parks, rights-of-way, parking lots, easements or other land owned, leased, controlled, or managed by the City of Lowell.

EMERGENCY SHELTER SPACE

Means a City-authorized location providing temporary shelter or alternative sleeping practically available to persons experiencing homelessness. Emergency shelter space shall be at a shelter, housing accommodation, or alternative sleeping space that maintains policies and procedures for accommodations under the Americans with Disabilities Act. If there is no emergency shelter space available in the City of Lowell, emergency shelter space may be provided at a City-authorized location outside the City of Lowell.

PERIOD WHEN SHELTER IS UNAVAILABLE

Means a length of time in which there is no emergency shelter space available to individuals experiencing homelessness.

PERSONAL PROPERTY

Means any item that can reasonably be identified as belonging to an individual and that has apparent value or utility.

TO CAMP

Means to pitch, erect, or occupy a campsite or to use camp materials, or both, for the purpose of, or to facilitate, outdoor sheltering, either temporarily or permanently.

C. Camping regulations.

(1) No person may occupy a campsite inconsistent with the regulations in this chapter unless specifically authorized by the City Manager in emergency circumstances. Any conditions imposed will include a condition requiring that the applicant provide evidence of adequate insurance coverage and agree to indemnify the City for any liability, damage or expense incurred by the City as a result of activities of the applicant. All specific authorizations shall include the exact dates, times, and location covered by the exemption.

(2) Where the temporary placement of camping materials has been authorized, an individual that has placed camping materials on City property shall remove said materials according to the specific time limitations set forth for that location.

(3) No person may sleep on public sidewalks, streets, or alleyways at any time as a matter of individual and public safety.

(4) No person may sleep in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk.

D. Restrictions on unlawful camping during a period when shelter is unavailable.

(1) The prohibition against campsites and camping shall not apply during a period when shelter is unavailable, with one exception, the prohibition against campsites and camping shall apply during a period when shelter is unavailable on City property within 1,000 feet of any public or private school.

(2) City officials shall maintain, and regularly revise, a shelter list that is communicated to the Lowell Police Department and other City departments for the purpose of identifying available shelter space.

(3) During a period when shelter is unavailable, or when a campsite is specifically authorized, a campsite or use of camping materials must comply with existing state and local laws to ensure the public health and safety of those in and around the campsite.

(4) The City Manager, in consultation with the Lowell Police Department and other relevant City Departments, is hereby authorized to promulgate any additional restrictions relative to the time, place, and manner for camping, and density of campsites, during any period when shelter is unavailable in order to advance public safety, maintain access to the public right-of-way, and support the effective operation of facilities such as schools, shelters, and health care institutions during such periods.

E. Offer of shelter.

(1) In the event of a violation of this section, the City shall provide, or cause to be provided, an offer of available emergency shelter space to an individual experiencing homelessness and, when requested, transportation to the available emergency shelter space.

(2) Each emergency shelter space offered to an individual shall be at a shelter, housing accommodation, or alternative sleeping space that maintains policies and procedures for accommodations under the Americans with Disabilities Act.

F. Removal and disposition/release of personal property.

(1) Once the City has engaged an individual as described in Subsection E (Offer of Shelter), and the individual has either accepted or declined the offers, the City shall remove any campsite and/or camp materials not removed by the individual.

(2) Items having no apparent utility or monetary value and items in an unsanitary condition may be discarded. Weapons, drug paraphernalia, items appearing to be stolen, and evidence of a crime may be retained as evidence by the Lowell Police Department until an alternate disposition is determined. All personal property removed from a campsite which is not disposed of, or held as evidence (as provided above), shall be stored by the Lowell Police Department for a minimum of 30 days, during which time it shall be made reasonably available for and released to an individual confirming ownership.

G. Notice to individuals.

(1) Immediately upon passage, the City shall distribute leaflets to individuals and post weather resistant signs in locations with a concentrated number of campsites to provide additional actual notice of this section and the effective date. The leaflet shall contain a written copy of this section and written copies of additional resources.

(2) Upon the effective date of the section, once the City has engaged an individual as described in Subsection D (Offer of Shelter), no further notice is required to enforce this section.

(3) When the City notifies an individual located in any campsite that a period when shelter is unavailable has ended, the individual shall have 48 hours to remove their camping materials.

H. Penalty for violations. Individuals in violation of this section who refuse to remove or allow for the removal of campsite or camp materials as described in Subsection E, or who reestablish a campsite following removal pursuant to Subsection E, shall be subject to penalties. This section shall be enforced by the Lowell Police Department as well as any sworn law enforcement agency empowered to make an arrest within the jurisdictional boundaries of the City of Lowell. Any of the following penalties may apply:

(1) All enforcement methods authorized by law, including MGL c. 40, § 21, non-criminal disposition authorized by MGL c. 40, § 21D, or enforcement authorized by MGL. c. 272, § 59 (Ordinances or Regulations Relating to Streets, Reservations, or Parkways; Alcoholic Beverages; Profanity; Arrest Without Warrant) if the Lowell Police or other duly authorized officer on scene determines a violation of MGL c. 272, § 59 has occurred in their presence;

(2) This section shall go into effect seven days after the date of passage to permit any individuals located in any campsite to remove camping materials in order to comply with this section.

§ 222-23 Supervised drug consumption sites.

[Added 11-18-2025]

A. Established; function and purpose.

(1) It is the purpose of this section to promote public health, public safety, and general welfare, and the well-being of Lowell, its drivers, pedestrians, visitors, and residents.

B. Definitions.

CONTROLLED SUBSTANCE

Any drug, substance, or immediate precursor as defined by MGL c. 94C or 21 U.S.C. § 812.

HEALTH ESTABLISHMENT

Any establishment owned by or employed by a practitioner at which controlled substances are administered, dispensed, delivered, given as gifts, or prescribed.

NUISANCE HEALTH ESTABLISHMENT

Any health establishment determined by the Board of Health to be a menace to public health because of controlled substance use, sale, or the exchange of compensation for prescriptions for controlled substances because of conditions arising from those activities.

PRACTITIONER

Any establishment owned by or employed by a practitioner at which controlled substances are administered, dispensed, delivered, given as gifts, or prescribed.

SUPERVISED INJECTION SITE

A health establishment staffed by practitioners for the purpose of monitoring the injection of controlled substances.

C. Identifying nuisance health establishments.

(1) The Lowell Police Department, the Division of Development Services, and the Health and Human Services Department shall be the enforcing authorities for this action.

(2) The enforcing authorities may enter and inspect at all reasonable times and in a reasonable manner any health establishment within the City for the purpose of determining whether it is a nuisance health establishment.

(3) A health establishment shall not be considered a nuisance health establishment unless the enforcing authorities find that the health establishment provides for the administration, dispensing, delivery, gift or prescription by any practitioner of a controlled substance other than in accordance with generally accepted standards of care for medical practices. Additional factors to be considered by the enforcing authorities in determining whether a health establishment is a nuisance health establishment include, but are not limited to:

(a) Loitering or idling, as those terms are commonly understood, in the vicinity of the health establishment;

(b) The presence of armed guards and/or large quantities of cash or money orders in the health establishment; and

(c) Criminal activity in the immediate vicinity of the health establishment that reasonably can be linked to controlled substance use, sale, or the exchange of compensation for prescriptions for controlled substances.

(4) A supervised injection site is a nuisance health establishment because it relies on individuals, who are often times struggling with drug addiction, bringing illegal controlled substances into the health establishment to consume on the premises and depart at will regardless of their condition and the safety of themselves and the public.

D. Penalties.

(1) Any health establishment found in violation of this section shall be fined $300 for the first and each subsequent offense. Each individual act and/or day in violation of this section shall constitute a separate offense.

(2) Any penalty provided for under this section may be imposed in conjunction with any other charges or penalties that can be imposed for violation of any other criminal or civil offenses committed.

(3) Violations of this section shall be disposed of in accordance with MGL c. 40, § 21D and Lowell Code of Ordinances § 1-6. Nothing in this section shall limit or prevent written complaints to the Hearing Officer as provided in MGL c. 40U.

§ 222-24 School bus violation detection and enforcement.

[Added 2-17-2026]

A. Intent.

(1) The Commonwealth of Massachusetts authorizes municipalities to use a school bus violation detection monitoring system to enforce traffic violations pursuant to Sections 14 and 14C of Chapter 90 of the Massachusetts General Laws and impose monetary liability on vehicles that illegally pass a school bus.

(2) The City of Lowell accepts and adopts MGL c. 40, § 71, pursuant to MGL c. 90, §§ 14 and 14C.

B. Authority. The City hereby establishes a school bus violation detection monitoring system program to impose monetary penalties pursuant to the Massachusetts General Laws against vehicle owners who fail to stop for a school bus in violation of MGL c. 90, § 14.

C. Definitions.

SCHOOL BUS VIOLATION DETECTION MONITORING SYSTEM

A camera system that monitors and detects a motor vehicle overtaking or passing a school bus when the bus is stopped and displaying front and rear alternating flashing red signal lights, when the bus has been stopped to allow pupils to alight from or board the bus. A school bus violation detection monitoring system shall meet the requirements described in MGL c. 90, § 14C, and MGL c. 30B.

VIOLATION

The failure of an operator of a motor vehicle to comply with MGL c. 90, § 14, and any other laws, codes, regulations, bylaws, ordinances, rules or requirements governing traffic control for school buses stopped to allow pupils to alight from or board the bus.

D. Installation and operation of school bus violation detection monitoring systems.

(1) The City, in compliance with MGL c. 30B, may enter into an agreement with a private vendor or manufacturer to provide a school bus violation detection monitoring system, including the installation, operation and maintenance of such systems, on each bus within its fleet whether the school bus is owned or leased. Such agreement may become effective after consent by a school district, through a vote of a majority of its governing school committee.

(2) All school buses equipped with school bus violation detection monitoring system shall post signage indicating that such system is in use on such bus.

(3) A school bus violation detection monitoring system shall record video images and still photographic images of the motor vehicle with at least:

(a) One photographic image and one recorded video image clearly recording the motor vehicle immediately before the violation of the stop arm traffic control sign;

(b) One photographic image and one recorded video image recording the motor vehicle passing the stopped school bus with the stop arm traffic control sign in violation of the stop arm traffic control sign; and

(c) One photographic image and one recorded video image that clearly identify the license plate of the motor vehicle.

(4) Other than for purposes of enforcement of a violation of this section or MGL c. 90, § 14, or for purposes of an owner of a vehicle defending a violation of this section, recorded video images and photographs taken or created under this section shall only be made available under an order by a court of competent jurisdiction.

E. Review and issuance of citations.

(1) Evidence files from school bus violation detection: monitoring system shall be reviewed by law enforcement or a law enforcement officer's approved technician who shall issue a citation by first-class mail if satisfied that a violation of MGL c. 90, § 14, was committed and the vehicle committing the violation can be identified from its registration plate.

(2) A certificate, or a facsimile thereof, sworn to or affirmed by a police officer or other law enforcement officer authorized to issue motor vehicle citations for violations of traffic laws stating that based upon inspection of the evidence file produced by a school bus violation detection monitoring system the vehicle was in violation of MGL c. 90, § 14, shall be prima facie evidence of the facts contained therein.

(3) Any recorded video images or still photographic images produced by a school bus violation detection monitoring system evidencing a violation of MGL c. 90, § 14, shall be available for inspection in any proceeding to adjudicate the liability for the violation.

(4) All systems installed on a school bus shall produce an evidence file that includes:

(a) A live visual video image viewable remotely;

(b) Recorded video image of the license plate of a vehicle committing a violation of the stop arm traffic control sign; and

(c) The capacity to record the date, time and location of the vehicle committing a violation of the stop arm traffic control sign; provided, however, that all recordings in an evidence file under this section shall be destroyed in accordance with Subsections J and K of this section.

(5) A system's recorded video images and still photographic images shall record the rear of the motor vehicle with at least:

(a) One photographic image and one recorded video image clearly recording the motor vehicle immediately before the violation of the stop arm traffic control sign;

(b) One photographic image and one recorded video image recording the motor vehicle passing the stopped school bus with the stop arm traffic control sign in violation of the stop arm traffic control sign; and

(c) One photographic image and one recorded video image that clearly identify the license plate of the motor vehicle; provided, however, that all recordings in an evidence file under this section shall be destroyed in accordance with state statute.

F. Owner liability.

(1) In all actions of civil traffic violations based on evidence obtained from a school bus violation detection monitoring system under MGL c. 90, § 14C, the registered owner of the motor vehicle shall be primarily responsible except as provided in MGL c. 90, § 14E, and this section.

(2) If the registered owner of a vehicle operated in violation of MGL c. 90, § 14, was not the operator of the vehicle at the time of the violation, the registered owner of the vehicle shall:

(a) Assume liability for the violation by paying the fine;

(b) Upon written receipt of the citation, provide the issuing authority within 30 days of the date of issuance of the citation with the name, address and registration plate number of the operator of the vehicle who was responsible along with a signed affidavit acknowledging such information and attesting to its veracity; or

(c) Defend the violation pursuant to the procedures established for traffic violations under this section.

(3) A corporation that owns or leases a vehicle identified as being in violation of MGL c. 90, § 14, by a school bus violation detection monitoring system under this section shall be primarily responsible for such violation even if a person who normally operates the vehicle for the corporation denies that such person was operating the vehicle at the time of the violation; provided that no violation entry shall be made on the person's driving record.

G. Citation requirements. Pursuant to Chapter 90 of the Massachusetts General Laws, the Chief of Police, or any designee of the Chief, shall issue the owner of the vehicle a citation which is mailed to the owner of a vehicle involved in the traffic violation. The citation and mailing shall contain the following information:

(1) The name and address of the owner of the motor vehicle;

(2) The number plate of the motor vehicle;

(3) The date, location and time of the alleged violation;

(4) A copy of or information on how to view, through electronic means, the recorded images produced by a school bus violation detection monitoring system evidencing an alleged violation of MGL c. 90, § 14;

(5) A certificate, or a facsimile thereof, sworn to or affirmed by a police officer or other law enforcement officer authorized to issue motor vehicle citations for violations of traffic laws stating that based upon inspection of the evidence file produced by a school bus violation detection monitoring system the vehicle was in violation of MGL c. 90, § 14;

(6) The amount of the fine imposed;

(7) Instructions to the violator that within 20 days of the date of the citation the violator must either pay the scheduled assessment or contest responsibility for the infraction by following the procedures under MGL c. 40U;

(8) Notice of the right to contest the citation pursuant to MGL c. 90, § 14E; and

(9) Information advising the owner of the motor vehicle of the procedure for disclaiming liability by providing the issuing authority within 30 days of the date of issuance of the citation with the name, address and registration plate number of the operator of the vehicle who was responsible along with a signed affidavit acknowledging such information and attesting to its veracity.

H. Penalties.

(1) A penalty imposed for a violation of MGL c. 90, § 14, as evidenced by a school bus violation detection monitoring system shall not be considered a criminal conviction and shall not be considered a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums pursuant to MGL c. 175, § 113B; provided, however, that the violation shall be noted on the registered owner's or operator's driving record.

(2) The fines pursuant to MGL c. 90, § 14, for a failure to stop for a school bus shall apply to a violation of said MGL c. 90, § 14, whether the violation is detected through the use of a school bus violation detection monitoring system or by a police officer on scene who issues a written citation to the operator of the motor vehicle.

(3) Fines:

(a) First offense: not less than $250;

(b) Second offense: not less than $500 nor more than $1,000; and

(c) Subsequent third offense: not less than $1,000 nor more than $2,000.

(4) Pursuant to MGL c. 280, § 2, all fines imposed for a violation of MGL c. 90, § 14, that is detected by a school bus violation detection monitoring system or by a police officer at the scene who cites the operator in hand shall be paid to the treasury of the city or town where the offense was committed.

I. Contesting liability. Upon receiving a citation, the owner of the motor vehicle may elect to defend the violation pursuant to the procedures established for traffic violations under MGL c. 90, and MGL c. 40U.

J. Record keeping and reports.

(1) The City shall submit an annual report to the Massachusetts Department of Transportation regarding the use and operation of each school bus violation detection monitoring system.

(2) The report shall contain:

(a) Data on the number of citations issued, organized by intersection, and of those citations shall detail:

[1] The number of alleged violators who paid the applicable fine without a request for a hearing;

[2] The number of violators found responsible after a hearing; and

(b) The cost to maintain each system and the amount of revenue obtained from each system.

K. Use of data captured.

(1) All recorded video and photographic images and other information obtained through the use of a school bus violation detection monitoring system, as authorized in this section, that do not identify a violation shall be destroyed by the City of Lowell or its vendor within 30 days of the date the image was recorded, unless otherwise ordered by a court of competent jurisdiction.

(2) All recorded video and photographic images and other information that identify a violation shall be destroyed within one year of the final disposition of proceedings related to the enforcement or defense of a violation, unless otherwise ordered by a court of competent jurisdiction. Annually, within 30 days of the close of the fiscal year, the City of Lowell and its vendor under agreement utilizing at least one school bus violation detection monitoring system shall file a notice attested under penalties of perjury with the State Secretary that records have been destroyed in accordance with this paragraph.

(3) All recorded video and photographic images and other information, however stored or retained, obtained through systems authorized in this section shall be the property of the City of Lowell under agreement with a vendor or manufacturer under MGL c. 40, § 71, and shall not be used by a vendor or manufacturer for any other purpose.

(4) Upon the expiration of any agreement authorized under this section, all such video and photographic images and other information shall be delivered within 30 days to the City of Lowell who is a party to the agreement unless otherwise ordered by a court of competent jurisdiction.