[HISTORY: Adopted by the City Council of the City of Haverhill as Secs. 23-5, 23-9, 23-10, 23-16, 23-17, 23-23, 23-30, 23-31, 36-6, 22-25 and 23-32 of the 1963 City Code (Ch. 189 of the 1980 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Consumption of alcoholic beverages in public — See Ch. 100, Art. I.
Firearms — See Ch. 145.
Loitering — See Ch. 175.
Noise — See Ch. 182.
Curfew — See Ch. 193, Art. II.
Renting to minors — See Ch. 202.
Recreational vehicles and racing — See Ch. 241.
A. 
No person shall sing, shout, pray, preach, exhort, proclaim or deliver any speech, political or otherwise, or carry banners, placards or advertising boards within the limits of any street, way or public place without a permit therefor from the Chief of Police.
B. 
Every permit granted under the provisions of this section, unless sooner revoked, shall expire on the first day of May after the date thereof, and every person so permitted shall be required to leave with the Chief of Police a sample of each handbill or other piece of advertising matter before distributing the same. The fee for every permit granted under the provisions hereof shall be $5 per annum.
No person shall make figures, draw or write upon any fence, post, wall, tree, building or other object or structure within or bordering upon any street, way or public ground or otherwise deface or injure the same, nor wantonly mar, injure, deface or destroy any fence, post, signboard, guidepost, awning, lamppost, lamp, light or lantern in any street, way or public place.
No person shall behave in a rude or disorderly manner, or use any indecent, profane or insulting language in any street or way or public place or near any dwelling house or other building, or be or remain upon any sidewalk or upon any doorstep, portico or other projection from any house or building or in any church, meeting house, public hall, hall, theater or entrance or hallway thereof to the annoyance or disturbance of any person.
No person shall expose for the purpose of gaming or any other unlawful purpose in or upon any street, way or public place any table or device of any kind by or upon or with which any game of hazard or chance can be played.
No person shall walk or stand upon or in any other way occupy, make use of or encroach on any grass plot on any street, avenue, square or other public or municipally owned land, except as may be otherwise provided for public parks, without first obtaining special permission therefor from the City Council.
No person, except an officer of the law in the performance of his 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.
No person shall spit upon the floor, steps or platform of any railroad or railway station, car, public building, hall, church, school, theater or market or upon any sidewalk or crosswalk in the City.
No person shall swim or bathe, unless properly clothed, in any of the waters within the City, so as to be exposed to the view of spectators from any building, highway, street or railroad; nor at any time or under or in any condition in ponds and waters used for aqueduct purposes or waters otherwise barred from such use by competent authority.
No person shall wantonly break, injure, deface, tear, cut, cut down or destroy any ornamental, fruit or shade tree or any shrub or vine, or injure, trample or destroy, pick or pluck any branches, leaves or flowers in or on any public street or way, square, common, public ground or park.[1]
[1]
Editor's Note: Original §§ 189-10 and 189-11, which immediately followed this section, were repealed as follows: Original § 189-10, Parking vehicles for sale on street prohibited, was deleted 7-10-2007 by Doc. 76; see now § 240-23, Parking vehicle for sale prohibited of Ch. 240, Vehicles and Traffic. Original § 189-11, Restrictions on land development operations, added 8-28-1979 by Doc. 217, was repealed 8-8-2006 by Doc. 155. See now Ch. 182, Noise.
[Added 9-29-1981 by Doc. 180]
A. 
Whoever shall willfully or knowingly engage in the business of selling, lending, giving away, showing, advertising for sale or distributing to any person under the age of 18 years or who has in his possession with intent to engage in said business or to otherwise offer for sale or commercial distribution to any individual under the age of 18 years or who shall display at newsstands or any other business establishment frequented by minors under the age of 18 years, where said minors are or may be invited as part of the general public, any pornographic motion picture or any still picture or photograph or any book, pocket book, pamphlet or magazine the cover or contents of which exploits, is devoted to or principally made up of descriptions or depictions of illicit sex or sexual immoralities; or which is obscene, lewd or indecent; or which consists of pictures of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or perversion, commercial gain; or any article or instrument for indecent or immoral use shall be punished by a fine not exceeding $200 for each offense and a like fine for each day's continuance of such violation.
B. 
Whoever shall willfully and knowingly engage in the business of selling, lending, giving away, showing, advertising for sale or the distribution to any person of such materials is hereby prohibited from displaying the said materials in a place which is visible to the general public, and shall keep said materials out of the view of the general public. Whoever shall violate the provisions of this subsection shall be punished by a fine not exceeding $200 for each offense and a like fine for each day's continuance of such violation.
[Added 1-8-1991 by Doc. 179]
A. 
No person over the age of 16 shall wear a mask, hood or device by which any portion of the face is so hidden, concealed or covered as to conceal the identity of the wearer and is upon public property without permission of the City Council to do so.
B. 
This section shall not apply to:
(1) 
A person wearing a traditional holiday costume on the occasion of the holiday.
(2) 
A person lawfully engaged in trade and employment or in a sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer or because of the nature of the occupation, trade or profession or sporting activity.
(3) 
A person using a mask in a theatrical production, including the use in Mardi Gras celebrations and masquerade balls or in the line of his or her employment.
(4) 
A person wearing a gas mask prescribed in emergency management drills and exercises or emergencies.
[Added 4-23-1991 by Doc. 61]
Any person who pays, agrees to pay or offers to pay another person to engage in sexual conduct may be punished by a fine of not more than $500 or may be ordered to perform community service, as directed by the Court, of no fewer than 40 hours and no more than 100 hours, or by both such fine and community service.[1]
[1]
Editor's Note: Original § 189-15, Noise emission standards for transportation equipment; rail carriers, added 7-25-2000 by Doc. 90, which immediately followed this section, was repealed 8-8-2006 by Doc. 155. See now Ch. 182, Noise.
[Added 9-30-2014 by Doc. 105]
A. 
No person, firm, store or corporation shall sell or offer for sale or distribution within the City of Haverhill any synthetic cannabinoids, including but not limited to products commercially known as "fake pot" and/or "smokable incense" and all synthetic stimulants in the class of drug known as "synthetic cathinones," products commercially known as "bath salts." This includes all products containing but not limited to any/all of the following synthetic stimulants; MDPV, mophedrone, methylone and 3, 4 - methlenedioxypyrovalerone.
B. 
Any person, firm, store or corporation found in violation of this section shall receive one written warning prior to the institution of fines. Any person, firm, store or corporation found to be in violation of any provision of this section on a second occasion, and all subsequent offenses, shall be penalized pursuant to the City's noncriminal disposition for violations of ordinances, bylaws, rules and regulations as provided in MGLA c. 40, § 21D, and subject to a fine of $300 or by filing a criminal complaint at the appropriate venue. A violation shall occur for each day that the prohibited items are found to be sold or offered for sale or distribution.
C. 
The Police Department shall be the enforcing authority for this section.
[Added 2-10-2015 by Doc. 22]
A. 
No person shall smoke, vaporize, ingest or otherwise consume marijuana, medical marijuana or delta-9-tetrahydrocannabinol (THC) in or upon any public way or upon any way to which the public has a right of access, or any place which members of the public have access as invitees or licensees, in any park, playground, or recreation area, in a schoolhouse or on school grounds owned by the City of Haverhill.
B. 
The civil fine for a violation of this section shall be $100 for the first offense. The noncriminal disposition as provided in MGL c. 40, § 21D, and § 1-16B(1) of the Code of the City of Haverhill shall apply in all first instances, except when in a schoolhouse or on school grounds. Any person found violating this section in a schoolhouse or on school grounds, or for a second or subsequent offense, may be subject to a fine of $300 and criminal prosecution for any such violation.
C. 
In the case of a first offense, if any person so notified to appear before the clerk of a district court for a noncriminal disposition fails to pay the fine provided hereunder within the time specified or, having appeared, does not confess the offense before the clerk or pay the sum of money fixed as a penalty after a hearing and finding as provided in MGL c. 40, § 21D, the police officer who issued the original citation shall determine whether to apply for the issuance of a complaint for the violation of this section.
[Added 4-7-2020 by Doc. 56[1]]
A. 
No group of more than 10 people shall gather in or upon any public way or upon any way to which the public has a right of access, or any place which members of the public have access as invitees or licensees, in any park, playground, or recreation area, or on school grounds owned by the City of Haverhill. This prohibition does not prevent 10 or more people from being present at any time on public land, provided they are more than six feet in distance from each other at all times.
B. 
Emergency personnel, any personnel performing emergency services and/or employees of the City of Haverhill in the course of their duties are exempt.
C. 
Any group of 10 or more people who shall be ordered to disperse by a police officer and fail to do so immediately shall individually be in violation of the above prohibition and shall be punishable by a fine of $50 for a first offense, $100 for a second offense, and $300 for a third and subsequent offense.
[1]
Editor's Note: This ordinance also provided that it be effective immediately for a period of 30 days or until such time as the March 19, 2020, State of Emergency is terminated by the Mayor and the Haverhill Board of Health, which ever occurs last.
[Added 12-2-2025 by Doc. 94-V; amended 3-17-2026 by Doc. 1-K]
A. 
Findings and purpose.
(1) 
The City of Haverhill recognizes that it has a compelling interest in protecting children from the threat of sexual abuse;
(2) 
Due to a child's vulnerability, the City Council is compelled to take a protective role by adopting laws that are designed to protect the City's children from registered sex offenders;
(3) 
Registered sex offenders continue to reside in direct proximity to public and private schools;
(4) 
Without adequate protective ordinances at the local level, registered sex offenders will continue to move to buildings, domiciles or residences in proximity to schools; and
(5) 
The City Council wishes to protect children in the education environment.
B. 
Intent and scope.
(1) 
The City Council finds that sex offenders pose a significant threat to the health and safety of the community and especially to children, whose age and inexperience make them particularly vulnerable to the heinous and reprehensible acts of these offenders.
(2) 
After careful consideration, the City Council finds that this legislation is the most narrowly tailored means of limiting, to the fullest extent possible, the opportunity for registered sex offenders to approach or otherwise come in contact with children in places where children would naturally congregate, and that the protection of the health and safety of our children is a compelling governmental interest.
(3) 
It is the intent of this § 189-16 to serve and to protect the City's compelling interest to promote, protect, and Improve the health, safety, and welfare of the citizens of the City by creating areas around locations where children regularly congregate in concentrated numbers wherein certain registered sex offenders are prohibited from loitering and establishing temporary or permanent residence.
(4) 
By the enactment of this or any other legislation, the City Council understands that it cannot remove the threat posed to or guarantee the safety of children, or assure the public that registered sex offenders will comply with the mandates of this § 189-16. This § 189-16 is intended to create a civil, nonpunitive regulatory scheme in order to protect children to the extent possible under the circumstances and not as a punitive measure of any kind.
(5) 
The City Council of the City of Haverhill desires to impose safety precautions in furtherance of the goal of protecting children. The purpose of this chapter is to reduce the potential risk of harm to children of the community in locations that are primarily designed for use by or are primarily used by children, namely, the grounds of a public or private school for children, a park, or other private or public recreational facility. The City of Haverhill desires to add location restrictions to such offenders where the state law is silent.
(6) 
The City of Haverhill does not intend for this § 189-16 to affect a wholesale displacement of sex offenders from their residences.
C. 
Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
CHILD or CHILDREN
Persons under 18 years of age.
ESTABLISHING A RESIDENCE
To set up or bring into being a dwelling place or an abode where a person sleeps, which may include more than one location, and may be temporary, mobile or transitory, or by means of purchasing real property or entering into a lease or rental agreement for real property (including a renewal or extension of a prior agreement whether through written execution or automatic renewal).
PARK
Includes active and passive public land designated for recreational or athletic use by the City of Haverhill, the Commonwealth of Massachusetts, or other governmental subdivision, and located within the City of Haverhill.
PERMANENT RESIDENCE
A place where a person lives, abides, lodges, or resides for 14 or more consecutive days.
RECREATIONAL FACILITY
Includes, but is not limited to, a playground, a forest preserve, conservation area, jogging trail or running track, hiking trail, beach, water park, wading pool, soccer field, baseball field, football field, basketball court, or hockey rink.
REGISTERED SEX OFFENDER
Any person required to register as a sex offender pursuant to MGL c. 6, § 178C, who is finally classified as a Level 2 or Level 3 offender pursuant to the guidelines of the Sex Offender Registry Board, and who has committed a sex offense against a child.
SCHOOL
Any public or private educational facility that provides educational instruction to children in grades Kindergarten through 12.
SEX OFFENDER and SEX OFFENSE
Shall have the same meaning as provided for in MGL c. 6, § 178C.
TEMPORARY RESIDENCE
A place where a person lives, abides, lodges, or resides for a period of less than 14 consecutive days or 14 days in the aggregate during any calendar year, which is not the person's permanent address or place where the person routinely lives, abides, lodges, or resides and which is not the person's permanent residence; but "temporary residence" shall not include residence at a hospital or other acute care medical facility for fewer than 14 consecutive days or 14 days in the aggregate during any calendar year.
D. 
Residency restrictions.
(1) 
Prohibition. A registered sex offender is prohibited from establishing a permanent residence or temporary residence within 1,000 feet of any school.
(2) 
Evidentiary matters; measurements. For purposes of determining the minimum distance separation, the distance shall be measured by following a straight line from the outer property line of the permanent or temporary residence to the nearest outer property line of any school.
(3) 
Exceptions. A registered sex offender residing within 1,000 feet of any school does not commit a violation of this section if any of the following apply:
(a) 
The registered sex offender established the permanent residence prior to the effective date of this chapter, and:
[1] 
Permanent residence was established by purchasing the real property where the residence is established; or
[2] 
Permanent residence was established through a valid, fixed-term, written lease or rental agreement, executed prior to the effective date of this chapter, the term of which has not yet expired.
(b) 
The registered sex offender is a minor.
(c) 
The school within 1,000 feet of the registered sex offender's permanent residence was opened after the registered sex offender established the permanent residence.
E. 
Child safety zones.
(1) 
Prohibitions.
(a) 
A registered sex offender is prohibited from entering upon the premises of a school unless previously authorized specifically in writing by the school administration.
(b) 
A registered sex offender shall not loiter on or within 1,000 feet of any property on which there is a school. Under this subsection, "loiter" means to enter or remain on property while having no legitimate purpose therefor or, if a legitimate purpose exists, remaining on that property beyond the time necessary to fulfill that purpose. No person shall be in violation of this subsection unless he or she has first been asked to leave a prohibited location by a person authorized to exclude the registered sex offender from the premises. An authorized person includes, but is not limited to, any law enforcement officer, any owner or manager of the premises, or principal or teacher, if the premises are a school.
(2) 
Exceptions.
(a) 
The prohibitions defined in this section shall not be construed or enforced so as to prohibit a registered sex offender from exercising his or her right to vote in any federal, state, or municipal election, or from attending any religious service.
(b) 
The prohibitions defined in this section do not apply to a registered sex offender's place of residence when such residence is excepted under this § 189-16.
F. 
Exemptions.
(1) 
The provisions of this chapter shall not be applicable to registered sex offenders incarcerated in any facilities owned, maintained, and/or operated by the City of Haverhill.
G. 
Enforcement; map of prohibited areas.
(1) 
The Haverhill Police Department shall be charged with the enforcement of this chapter.
(2) 
A map depicting the prohibited areas shall be created by the City and maintained by the Haverhill Police Department. The City shall review the map annually for changes. The map and a copy of this chapter will be available to the public at the Haverhill Police Department and on the City's website.
H. 
Violations and penalties.
(1) 
Any violation of this § 189-16 shall result in: a noncriminal fine not exceeding $300 for a first violation; a noncriminal fine not exceeding $300 for each additional violation of this provision. A registered sex offender commits a separate offense for each and every day or violation of this chapter.
(2) 
First offense of any violation of this chapter by registered sex offender: noncriminal fine of $300 and notification to offender that he/she has 30 days to move.
(3) 
Any subsequent offense of this § 189-16 by a registered sex offender: noncriminal fine of $300 and notification to the offender's landlord, parole officer and/or probation officer, and the Commonwealth's Sex Offender Registry Board that the sex offender has violated a municipal ordinance.