No person shall engage in any conduct prohibited
by: the Code of the City of Marlborough; any municipal rule or regulation
made or promulgated pursuant to authority granted by the City Charter,
City Code or any Special or General Law; or any statute or rule or
regulation of the Commonwealth of Massachusetts, which is coupled
with overt actions motivated by bigotry and bias, including, but not
limited to, a threatened, attempted or completed overt act motivated
at least in part by racial, religious, ethnic, handicap, gender or
sexual orientation prejudice, or which otherwise deprives another
person of a constitutional or statutory right by means of threat,
intimidation or coercion, or which seeks to interfere with or disrupt
a person's exercise of a constitutional or statutory right through
harassment or intimidation. Notwithstanding the foregoing, engaging
in speech or conduct which is protected by the Constitution or laws
of the United States of America or the Declaration of Rights or laws
of the Commonwealth of Massachusetts shall not be deemed to be violative
of this chapter.
Any person who remains in a public place while
in wilful violation of the provisions of this chapter may be arrested
without a warrant by a police officer acting pursuant to the provisions
of MGL c. 272, § 59.
Any person found guilty of a violation of this
chapter shall be punished by a fine of $300 per violation.
Any condition caused or permitted to exist in
violation of the provisions of this chapter shall be deemed to constitute
a public nuisance and may be abated by the City.
Subject to the restrictions of the Massachusetts
CORI law, the Chief of Police shall notify the Mayor and City Council,
in writing and within seven days of its occurrence, of:
A. The initiation of any prosecution for a hate-based
offense or a civil rights violation.
B. The final disposition of such prosecution.
Subject to the availability of funding, the
Chief of Police shall provide training relative to civil rights and
hate-based offenses to all agents, employees or officers of the City
who are authorized to enforce any statute, ordinance or rule or regulation.