As used in this chapter, the following terms shall have the meanings indicated:
DISORDERLY
A. 
As used in Chapter 8.5, if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, that person: .
(1) 
Engages in fighting or threatening, or in violent or tumultuous behavior; or
(2) 
Makes unreasonable noise, or disturbs the peace of any residential premises; or
(3) 
Creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor.
B. 
A person "disturbs the peace," as used in Subsection A(2) of the foregoing, if the person engages in conduct that (a) most people would find to be unreasonably disruptive, such as making loud and disturbing noise; and (b) did in fact annoy or disturb at least one person or interfered with at least one person's right to be undisturbed. This definition of "disorderly" shall only relate to activities that involve no lawful exercise of a First Amendment right
No person shall be, or remain, upon any street, sidewalk, or upon any doorstep, portico, or other projection of any house or building not owned by such person, to annoy or disturb any person as defined above in § 8.5.1.
A violation of the provisions of 8.5.1 through 8.5.3 may be dealt with as a noncriminal disposition under Chapter 10.3 of these by-laws and each violation shall be subject to a specific penalty of $100.
No person, whether for the purpose of soliciting a ride from the operator of any vehicle or otherwise, shall stand on any sidewalk or street in such a manner as to obstruct a free passage for pedestrians or vehicles.
No person shall engage in any game, sport, or amusement, in any street whereby the free, safe, and convenient use thereof by travelers thereon shall in any way be interrupted.
No person, except an officer of the law in the performance of their duties, shall enter upon the premises of another with the intention of peeping into the windows of a house or spying upon in any manner any person or persons therein.
[Amended 11-18-2025 STM by Art. 4]
A. 
Purpose and intent. Vandalism and the existence of graffiti within the Town are considered a public and private nuisance. The purpose of this section is to protect public and private property from acts of vandalism and defacement by prohibiting the application of graffiti on such property and by requiring property owners to remove publicly visible graffiti from their property within a reasonable period of time.
B. 
Definitions. For the purposes of this section:
GRAFFITI
Is intended to mean the intentional painting, marking, scratching, etching, coloring, tagging, or other defacement of any public or private property without the prior written consent of the owner of such property.
C. 
Prohibited conduct. The application of graffiti to the real or personal property of another is prohibited.
D. 
Removal of graffiti.
(1) 
Upon determining that graffiti exists on any private or other non-Town-owned property and that such graffiti can be viewed from a public place within the Town, the Chief of Police or their designee may mail or deliver a notice to the owner of the property on which the graffiti exists advising the owner that the graffiti must be removed within 14 days.
(2) 
In the case of graffiti on private residential property consisting of 30 dwelling units or fewer, the property owner shall, within 14 days of delivery of the notice, either remove the graffiti or submit a written request to the Commissioner of Public Works, along with a release, requesting the Town to enter the property and assist in removing the graffiti. Upon receipt of the property owner's written request and release, the Commissioner of Public Works or their designee shall determine whether the graffiti can be safely removed and, if so, whether it is appropriate to remove it. If the Town assists in the removal of such graffiti, the Town shall charge the property owner a fee in the amount of the actual cost of removal or $100, whichever is less, provided that the property owner shall reimburse the Town for the Town's actual costs of removing such graffiti from any funds forfeited by the offender to the property owner under any related criminal or noncriminal enforcement action. Absent any forfeiture of funds to the property owner, as stated above, the Town shall not assess more than a total of $200 in fees per property per owner in any twelve-month period. If the Commissioner of Public Works or their designee determines that the graffiti cannot be safely removed or that it is not appropriate for the Town to remove it, they shall notify the property owner of their determination, in writing, and the property owner shall remove the graffiti within 14 days of delivery of such notice.
(3) 
In the case of graffiti on commercial property or private residential property consisting of more than 30 dwelling units, the property owner shall, within 14 days of delivery of the notice, remove the graffiti at their own expense.
(4) 
Notwithstanding any other provisions contained herein, if such graffiti is within an historic district established under Chapter 5.6 of the Town's by-laws, then any guidelines or rules or regulations adopted by the Preservation Commission pertaining to the removal of graffiti shall apply if and to the extent not inconsistent with this by-law.
E. 
Enforcement.
(1) 
Failure to remove the graffiti or make a written request to the Commissioner of Public Works in accordance with the requirements of Section 8.5.9D within 14 days of delivery of the notice may be deemed a violation of this section and shall be dealt with as a noncriminal offense in accordance with the provisions of MGL c. 40, § 21D, and Chapter 10.3 of these by-laws.
(2) 
Owners who repeatedly violate the provisions of Section 8.5.9D may be prosecuted under the provisions of Chapter 10.1 of these by-laws.
(3) 
Any fee charged by the Town for the cost of graffiti removal under Section 8.5.9D remaining unpaid after 60 days of notice of such charge shall be subject to the provisions of MGL c. 40, § 58.