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§ 140-19 Purpose and intent.

This article aims to promote the safety, security, and appropriate use of public spaces under the jurisdiction of the Town of Harvard by restricting access during certain hours. The restriction is intended to deter unauthorized activities and ensure that these areas remain welcoming and accessible to the community while minimizing disturbances during nighttime hours.

§ 140-20 Definitions.

For the purpose of this article:

140-20{1} DESIGNATED HOURS

DESIGNATED HOURS Shall refer to the time period between dusk to dawn.

140-20{2} PUBLIC PROPERTY

PUBLIC PROPERTY Refers to any park, playground, reservation, public building, or other area under the jurisdiction of Town of Harvard.

§ 140-21 Access restriction.

No individual shall trespass or remain upon any public property under the jurisdiction of Town of Harvard during the designated hours as defined in § 140-20.

§ 140-22 Exceptions.

The following exceptions to the access restriction outlined in § 140-21 may apply: A. Authorized personnel. Law enforcement officers, emergency responders, public employees, or any individual duly authorized by the Town of Harvard are exempt from this access restriction during designated hours while performing official duties. B. Permitted events. Individuals attending events, gatherings, or activities that have been officially permitted by the Town of Harvard and are taking place during the designated hours shall be exempt from this access restriction. C. Public safety situations. Individuals seeking refuge, assistance, or shelter due to emergencies, hazardous conditions, or unforeseen circumstances during the designated hours shall be exempt from th...

§ 140-23 Enforcement; violations and penalties.

A. Violation of this article shall result in appropriate enforcement actions, including warnings, fines, or legal measures as deemed necessary by the Town of Harvard. B. The penalty for violation of any provision of this article shall be as follows: (1) First offense: warning. (2) Second offense: $100 and/or summons. (3) Third and subsequent offenses: $200 and/or arrest or criminal summons pursuant to MGL c. 266, § 120. (4) Any person found to be committing a trespass hereunder pursuant to MGL c. 266, § 120, and who refuses to move from the grounds of a public building or from within a public building when requested by a police officer may be detained without a warrant by a police officer as prescribed under MGL c. 266, § 120. Law enforcement offic...

§ 140-24 Effective date.

This article shall take effect on October 3, 2023, upon approval by Harvard authorities.

§ 140-25 Public awareness.

Town of Harvard shall undertake efforts to inform and educate residents, visitors, and relevant stakeholders about the existence and implications of this article. This may include public announcements, signage at public property entrances, and dissemination of information through official communication channels.

Ch 145 Board of Health

[HISTORY: Adopted by the Board of Health of the Town of Harvard as indicated in article histories. Amendments noted where applicable.] Editor's Note: The articles in this chapter were reorganized at the request of the Town with Supplement No. 19.

Ch 145 Art I Sanitation

[Adopted 11-23-1974; amended in its entirety 5-9-2023[1]] [1] Editor's Note: This article was previously amended 5-1-1980,4-4-1984,10-6-1987, 10-20-1987, 5-4-1988, 8-25-1998, 3-22-1989, 4-24-1989, 2-27-2007, 6-9-2015 and 12-11-2018.

§ 145-1 Definitions.

As used in this article, the following terms shall be defined and interpreted as follows:

145-1{1} FACILITY

FACILITY Any real property (including any abutting real property), and any buildings thereon, which is served, is proposed to be served, or could in the future be served by a system or systems, where: A. Legal title is held or controlled by the same owner or owners; or B. The local approving authority or the Board of Health otherwise determines such real property is in single ownership or control pursuant to 310 CMR 15.011 (aggregation).

145-1{2} FORCED MAIN

FORCED MAIN A sewer line that is under pressure from a pump rather than being supplied by gravity.

145-1{3} LARGER, PRIVATE ON-SITE SUBSURFACE SEWAGE DISPOSAL SYSTEM

LARGER, PRIVATE ON-SITE SUBSURFACE SEWAGE DISPOSAL SYSTEM Subsurface disposal systems with design flows which are greater than 2,000 gallons per day. Included in this category are systems which have design flows greater than 10,000 gallons per day and require a permit of the Board of Health in addition to DEP approval.

145-1{4} LOCAL APPROVING AUTHORITY

LOCAL APPROVING AUTHORITY The Board of Health or its authorized agent or an agent of a health district constituted pursuant to MGL c. 111, § 27 acting on behalf of the applicable Board of Health.

145-1{5} LONG SEWER LINE

LONG SEWER LINE A pipe, exceeding 100 feet in length, which connects components of a septic system.

145-1{6} ON-SITE SYSTEM OR DISPOSAL SYSTEM OR ON-SITE SUBSURFACE SEWAGE DISPOSAL SYSTEM OR SYSTEM

ON-SITE SYSTEM OR DISPOSAL SYSTEM OR ON-SITE SUBSURFACE SEWAGE DISPOSAL SYSTEM OR SYSTEM A system or series of systems for the treatment and disposal of sanitary sewage below the ground surface on a facility. A. The standard components of a system are: a building sewer; a septic tank to retain solids and scum; a distribution system; a soil absorption system containing effluent distribution lines to distribute and treat septic tank effluent prior to discharge to appropriate subsurface soils; and a reserve area. B. These terms also include tight tanks, shared systems and alternative systems. Unless the text of 310 CMR 15.000 indicates otherwise, these terms also include nonconforming systems.

145-1{7} OWNER

OWNER A person who, alone or together with other persons, has legal title to any facility served by a system or control of the facility, including but not limited to any agent, executor, administrator, trustee, lessee, or guardian of the estate for the holder of legal title.

145-1{8} PRIVATE WASTEWATER COLLECTION SYSTEMS (less than 10,000 gallons)

PRIVATE WASTEWATER COLLECTION SYSTEMS (less than 10,000 gallons) Systems which serve more than four separate structures (buildings) or carry wastewater flows of more than 2,000 gallons per day.