ARTICLE 20
Public Safety and Property
20.1 No person, other than an authorized town agent shall place or throw or cause to be placed or thrown on to any public sidewalk, street, fire hydrant, or highway or upon any of the common lands of the Town any snow, dirt, gravel or foreign substance, including excrement, noxious or slippery liquids or material or suffer the same to remain thereon after being notified by a police officer to remove the same.
Section 20.1 amended at April 26, 1999, Annual Town Meeting. Approved by Attorney General Thomas F. Reilly on October 18, 1999.
20.2 Other than for official town or conservation purposes, no person shall place or cause to be placed on any public sidewalk, street or highway, or upon any of the common lands of the Town, any refuse containers to be collected for disposal of refuse by the Town or any other collector of refuse and suffer the same to remain thereon for more than twenty-four (24) hours prior to the time said containers are scheduled to be collected for disposal of refuse or for a period of time terminating at 8:00 a.m. on the day following the said collection. In connection with a project for construction, demolition or repair of any building or any other construction for which disposal of refuse cannot be affected in accordance with the preceding sentence, the owner of the property upon which such construction, demolition or repair is
undertaken may apply to the Board of Selectmen or its designee for a written permit which the board or its designee may in its discretion issue subject to such terms and conditions, including a bond, as may be deemed necessary and appropriate to protect the public safety.
Section 20.2 amended at April 23, 1984, Annual Town Meeting. Approved by Attorney General Francis X. Bellotti on July 30, 1985.
20.3 No person shall erect, set up or maintain any fence, portico, platform or door step extending into or on any public sidewalk or way.
20.4 No person shall permit a tree, branch thereof, hedge, bush or shrubbery growing on his/her land to extend over or overhang any street, sidewalk or highway so as to interfere with the free and full use of such street, sidewalk or highway.
20.4.1 No person, other than an authorized agent of the Town, may place or cause to be placed or maintained any permanent or temporary structure or any natural or manmade materials, on any public street, sidewalk or highway in such a manner as to obstruct or otherwise interfere with the free and full use of such public street, sidewalk or highway for the passage of vehicles or pedestrians, except upon written permit or authorization from the Board of Selectmen or its designee, which the Board or its designee may in its discretion issue subject to such terms and conditions, including a bond, as may be deemed necessary and appropriate to protect the public safety.
20.4.2 In addition to other penalties applicable to violation of these By-laws, in the event the Town undertakes to remove any obstructions described in Sections 20.4 and 20.4.1, the Town may charge the landowner for the reasonable cost thereof.
Sections 20.4, 20.4.1 and 20.4.2 amended at the April 28, 2008, Annual Town Meeting. Approved by Attorney General Martha Coakley on December 23, 2008.
20.5 No person, other than an authorized agent of the Town, shall break, dig up or construct any sidewalk; walk upon or otherwise alter lots or borders on cemetery grounds or areas of other municipal grounds upon which hedges, shrubs or flowers are grown; in any way damage or write, paint, print, inscribe, display signs or distribute written matter upon any town property; or conduct any parade upon public ways, except upon written permit or authorization from the Board of Selectmen or its designee.
20.5.1 No person, other than an authorized agent of the Town shall break, remove, dig up, or install any pavement, ground, or curbing in or on any public street or highway for any purpose whatsoever, including but not limited to the creation or modification of a driveway curb cut, except upon written permit or authorization from the Board of Selectmen or its designee.
20.5.2 Any written permits or authorization granted pursuant to Sections 20.5 and 20.5.1 above shall be in force for such time and subject to such conditions, including a bond, as the Board of Selectmen or its designee may specify and shall set forth any appropriate safety or security measures to be taken, the manner in which the permitted activity is to be performed or the condition of the affected municipal property upon completion of the authorized activity.
Sections 20.5, 20.5.1 and 20.5.2 amended at the April 28, 2008, Annual Town Meeting. Approved by Attorney General Martha Coakley on December 23, 2008.
20.6 No person shall throw stones, snow balls, sticks or other missiles, or kick football or play at any game in which a ball is used, or fly kites or other objects, or shoot with or use an airgun, bow and arrow, sling shot, or other similar device in or across any public ways of the Town, except that the Board of Selectman may authorize the use of a public way for recreational purposes in the same manner as is provided for an activity pursuant to Section 20.5 of this Article.
20.7 Excavation Permit: No person, other than an authorized agent of the Town, shall excavate a trench in a public way or otherwise dig below the surface of a public way, and no person shall excavate a trench on any private land, for any purpose, without first obtaining a written permit from the Board of Selectman or its designated agent, and, then, only in accordance with said Board’s written regulations and with the applicable provisions of Chapter 82, Sections 40 through 40D of the General Laws, and Chapter 82A of the General Laws; provided, however, in the case of an emergency excavation made by a person engaged in the transmission or distribution of a public utility, written permission may be obtained after commencement of such excavation provided that the Board of Selectmen is satisfied that the perceived
emergency was, in fact, a situation, in which immediate action was necessary to maintain or restore an essential utility service to avoid imminent danger to the public health or safety.
20.7.1 Definitions: For purposes of this By-law, the words “excavation” and “emergency” shall have the same meanings as defined in Chapter 82, Section 40 of the General Laws. The word “trench” shall have the same meaning as defined in Chapter 82A, Section 4 of the General Laws. The word “person” shall include, without limitation, any individual, or any entity such as a partnership, joint venture, trust, corporation, company, association, public utility, or governmental body or agency.
20.7.2 Regulations: The Board of Selectmen may promulgate and, from time to time, amend rules and regulations for the excavation and restoration of public ways, and for the excavation of trenches on private land. Such rules and regulations may include, but shall not be limited to, requirements for plans, insurance, notification of public utilities, traffic control, protection of adjoining properties, clean-up, back-filling, testing, scheduling, workmanship quality, bonds, and permit fees. Such rules and regulations may also designate a Town officer to act as the Board’s agent in issuing permits hereunder.
Sections 20.7, 20.7.1 and 20.7.2 inserted at the April 28, 2008, Annual Town Meeting. Approved by Attorney General Martha Coakley on December 23, 2008.
20.8 No person, except in the performance of some legal duty or in the lawful defense of a person or property, shall discharge any firearm within the Town.
20.9 No person shall drink, or have in his or her possession an opened container of any alcoholic beverage as defined in Chapter 138, Section 1, of the General Laws while upon any public way or upon any way to which the public has a right of access as invitees or licensees, or any park or playground or private land or place without consent of the owner or person in control thereof.
20.10 All alcoholic beverages being used in violation of Section 20.9 shall be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned before the court, at which time they shall be returned to the person entitled to original possession.
20.11 No person shall own or keep a dog or cat, four months of age or older, within the Town unless a license for such dog or cat is obtained from the Town Clerk. Except as hereinafter provided, the fee for such a license shall be $8.00 for each dog or cat and the licensing period shall be from January 1st through December 31st except that license renewals must occur by March 15th of each year. The license fee for each dog or cat owned or kept by persons who are aged 60 or older shall be $5.00. Not more than three dogs over four months of age shall be kept in any household. The provisions of this Section 20.10 shall not apply to veterinary establishments that are subject to kennel licensing. All dogs and cats are required to wear their license tags at all times.
Section 20.11 amended at April 26, 1999, Annual Town Meeting. Approved by Attorney General Thomas F. Reilly on October 18, 1999.
20.11.1 No dog or cat shall be licensed unless a valid rabies vaccination certificate is presented to the Town Clerk at the time of licensing.
20.11.2 No dog or cat six months of age or older shall be licensed unless there is presented to the Town Clerk at the time of licensing either:
(a) proof that the dog or cat has been spayed or neutered; or
(b) a statement signed by a veterinarian stating a reason why spaying or neutering has been delayed; or
(c) a statement signed by the owner or keeper of the dog or cat that a decision has been made not to spay or neuter the dog or cat.
20.11.3 A special breeder's license shall be obtained for any dog or cat with respect to which a statement is presented that a decision has been made not to spay or neuter. The fee for such a breeder's license shall be $25.00 for each dog or cat and such fee shall be in addition to the fee imposed pursuant to this Section 20.11.
20.11.4 The owner of any dog or cat that is sold or given away, or whose custody is otherwise transferred, to any other resident of the Town shall obtain from the Town Clerk and furnish to such other resident a copy of this Section 20.11 of the General By-Laws or a summary thereof.
20.11.5 No person shall own or keep in the Town any dog, cat or other household pets which by biting, barking, howling, scratching or crying, or in any other manner, disturbs the peace and quiet of any neighborhood, destroys private property or endangers the safety of any person.
20.11.6 No person who owns, keeps or controls a dog shall allow the dog to run free when not restricted to the premises of said person. When off premises, such dogs shall be leashed and curbed.
20.11.7 Each person who owns, keeps or controls a dog within the Town shall remove and dispose of any feces left by such dog on any sidewalk, street, park or other public area, or on any private property which is not owned or occupied by such person.
20.11.8 No person who owns, keeps or controls a dog within the Town shall permit such dog to be on any sidewalk, street, park or other public area unless such dog is accompanied by a person carrying a device which is suitable for picking up and containing feces, unexposed to such person and to the general public.
20.11.9 For purposes of Section 20.11.7, feces may only be disposed of at a place suitable and regularly reserved for the disposal of human feces or otherwise designated as appropriate by the Board of Health.
20.11.10 Sections 20.11.7, 20.11.8 and 20.11.9 shall not apply to a dog accompanying any handicapped person who, by reason of a handicap, is physically unable to comply with the requirements of such sections.
20.11.11 No person within the Town shall possess, maintain, propagate, cultivate or deal in wild or exotic animals within the meaning of Chapter 131, Section 23, of the General Laws unless notice thereof has been filed with the Board of Health and all permits required by said Section 23 or otherwise have been obtained.
20.11.12 No person within the Town shall feed any wild animals, including without limitation ducks, geese and raccoons, or any homeless dogs or cats, except birds through free standing bird feeders or bird feeders attached to a private residence. Persons feeding their own domestic animals shall do so only in a sheltered space inaccessible to wild or roaming animals. This Section 20.11.12 shall not apply to the feeding of homeless dogs or cats if done in a sheltered place inaccessible to wild or roaming animals with the express purpose of befriending the dog or cat in order later to have it vaccinated, spayed or neutered, and ultimately adopted.
Sections 20.11.1 to 20.11.12 amended at April 27, 1992, Annual Town Meeting. Approved by Attorney General Scott Harshbarger on June 2, 1992.
20.11.13 All bites by dogs, cats, other domestic animals or wild or exotic animals shall be reported to the Board of Health as soon as possible by the person bitten or by the owner or keeper of the animal, or both. Any person who owns, keeps or controls any dog which has been involved in two biting incidents will be required to appear before the Board of Health at a time and place determined by the Board. In the event that a dog is involved in a third biting incident, the Board of Health will petition the Board of Selectmen for a hearing. Whenever any dog attacks and causes serious injury to a person1 or kills another domestic animal, it will be considered vicious and the Board of Health will petition the Board of Selectmen for a hearing and will recommend euthanasia.
Section 20.11.13 amended at April 23, 2001, Annual Town Meeting. Approved by Attorney General Thomas F. Reilly on August 24, 2001.
20.11.14 The operator of a motor vehicle that strikes and injures or kills a dog or cat within the Town shall report such incident to the owner or keeper of such dog or cat or to a police officer of the Town.
Section 20.11.14 amended at April 27, 1992, Annual Town Meeting. Approved by Attorney General Scott Harshbarger on June 2, 1992.
20.11.15 Except as the Board of Health may otherwise permit, no dogs will be allowed in the following areas of the Town: all cemetery land, all public school playgrounds and athletic fields and all recreation department playgrounds and athletic fields - nor will any dog be allowed inside food establishments, retail businesses or public buildings.
Section 20.11.15 amended at April 23, 2001, Annual Town Meeting. Approved by Attorney General Thomas F. Reilly on August 24, 2001.
20.11.16 Violations of this Section 20.11 shall be disposed of, in the discretion of the Board of Health, either In the manner provided in Section 8.5 of the General By-Laws or if applicable, pursuant to the provisions of Section 173A of Chapter 140 of the General Laws. A non-criminal citation will be issued on the following schedule: First offense - written warning; Second offense - $25; Third offense and each succeeding offense of the same section of the By-Law occurring within a 12 month period - $50. The fines specified in the preceding sentence shall be in lieu of the schedule of fines specified In Section 173A.
Article 20.11.16 amended at April 28, 2003, Annual Town Meeting. Approved by Attorney General Thomas F. Reilly on October 16, 2003.
20.12 Any owner or owners of record and or commercial tenant or tenants of commercial property within commercial areas annually designated by the Selectmen shall be individually and jointly responsible for the removal and shall remove all snow and ice on any abutting public sidewalk in such designated areas to the extent practicable down to the sidewalk's natural surface and otherwise level and evenly cover the same with sand, earth or ashes to prevent slipping. This responsibility shall be subject to the following terms and conditions:
Section 20.12 amended at April 23, 2001, Annual Town Meeting. Approved by Attorney General Thomas F. Reilly on August 24, 2001.
20.12.1 The removal and treatment of ice and snow shall be accomplished within twelve (12) hours after the same shall cease to fall or be formed on such sidewalks.
20.12.2 Snow and ice shall be removed from all portions of such sidewalks excluding no more than one-half of the width thereof nearest the curb or other lateral limit of the roadway.
20.12.3 Notice of such commercial areas designated by the Selectmen shall be posted by November 1st of each year in the Town Hall and published for two (2) successive weeks in a newspaper, printed in the Town or circulated therein as a local paper, in October prior to the posting thereof.
Sections 20.12.1 to 20.12.3 inserted at April 27, 1987, Annual Town Meeting. Approved by Attorney General James M. Shannon on August 17, 1987.
20.12.4 The Town may undertake to remove or treat such snow and ice in the event any such owner or owners and or commercial tenant or tenants shall have refused or neglected to remove the same and, in addition to other penalties applicable to violation of these By-Laws, such owner or owners and or commercial tenant or tenants shall be liable to the Town for the cost and expense incurred by the Town for the removal or treatment thereof.
Section 20.12.4 amended at April 23, 2001, Annual Town Meeting. Approved by Attorney General Thomas F. Reilly on August 24, 2001.
20.12.5 The Selectmen, or their designee, may establish regulations and fix charges for the removal and treatment of snow and ice on public sidewalks within the designated commercial areas.
Section 20.12.5 inserted at April 27, 1987, Annual Town Meeting. Approved by Attorney General James M. Shannon on August 17, 1987.
20.12.6 The Selectmen, or their designee may, on behalf of the Town, by pre-arrangement with any such record owner or owners and or commercial tenant or tenants, agree and undertake to remove or treat snow and ice on such public sidewalks on a regular or annual basis upon terms and conditions which assure the prompt and timely reimbursement by the owner or owners and or commercial tenant or tenants thereof to the Town of the charges thereby incurred.
Section 20.12.6 amended at April 23, 2001, Annual Town Meeting. Approved by Attorney General Thomas F. Reilly on August 24, 2001.
20.13 In addition to the provisions for enforcement described above, the provisions of Sections 20.1, 20.2, 20.4.1, 20.5.1, 20.7, 20.9 and 20.12 of this Article 20 may also be enforced by non-criminal disposition as provided in Chapter 40, Section 21D of the General Laws ("Section 21D"). The penalty for such violation shall be $300 for each offense. Each day or part thereof shall constitute a separate offense.
"Enforcing person” as used in this Section 20.13 shall mean any police officer of the Town, the Director of Public Works and any other Town employee designated by the Board of Selectmen as an enforcing person.
An enforcing person taking cognizance of a violation of this Article or any rule or regulation adopted hereunder shall give the offender a written notice to appear before the clerk of the district court having jurisdiction thereof for the non-criminal disposition thereof in accordance with the provisions of Section 21D. The provisions of Section 21D are incorporated herein by this reference.
Sections 20.13 amended at the April 28, 2008, Annual Town Meeting. Approved by Attorney General Martha Coakley on December 23, 2008.
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