PUBLIC PEACE, SAFETY AND ORDER
Article I. Animals
Sec. 9-11. Pasturing of animals
Article II. General
Sec. 9-21. City owned vehicles, use restricted
Sec. 9-22. No motor boat with internal combustion engine
except City authorized rescue crafts
Sec. 9-23. Dumping permits and charges
Sec. 9-24. Banning garbage rummaging
Sec. 9-25. Banning recycling waste material scavenging
Sec. 9-26. Banning graffiti
Sec. 9-26A. Removal of graffiti from public and private
property
Sec. 9-27. Prohibiting the blocking of sidewalks
Sec. 9-28. Fences - use of clothesline prohibited
Sec. 9-29. Prohibiting use of utility poles for commercial
advertisements
Article III. Morals and Conduct
Sec. 9-31. Reserved
Sec. 9-32. Indecent and profane language prohibited
Sec. 9-33. Public drinking
Sec. 9-34. Hitchhiking prohibited
Sec. 9-35. Pedestrian soliciting business
Sec. 9-36. Loafing and loitering in streets; obstructing
foot travelers
Sec. 9-37. Common nuisance
Sec. 9-38. Peeping tom
Sec. 9-39. Alcohol on public property
Sec. 9-39A. Underage sale of malt beverages
Sec. 9-39B. Penalty for violating executive session
Sec. 9-40. Rolling paper sales
Sec. 9-40A. Banning possession or use of self-contained
propellant cans near parades
Sec. 9-40B. Prohibiting destruction of political signs
Sec. 9-40C. Banning the sale of spray paint to minors
Article IV. Licensing
Sec. 9-41. Second-hand goods, license for
Sec. 9-42. Self-service storage facilities
Sec. 9-43 Prohibiting Above Ground Storage of Class I Flammable
Liquid Storage Tanks
Article V. Public Works and Ways
Sec. 9-51. Snow and ice removal
Sec. 9-52. Reserved
Sec. 9-53. Towing vehicles during snow emergencies
Sec. 9-54. Sidewalks
Sec. 9-55. Handicapped Parking
Sec. 9-55A. Towing of vehicles in handicapped parking spaces
Sec. 9-56. Repair of vehicles on public way
Sec. 9-57. Prohibiting improper use of fire hydrants
Sec. 9-58. Prohibiting unregistered vehicles or trailers
on the public ways
Sec. 9-59 Parking Ordinance (Fines)
Article VI. Environmental Protection
Sec. 9-61. Regulation of loudspeakers, amplifiers and
paging systems
Sec. 9-62. Noise pollution control ordinance
Sec. 9-63. Prohibiting parking of trucks on residential
streets
Sec. 9-64. Noise pollution
Sec. 9-65. Unreasonable Noise
Sec. 9-66. Banning unregistered vehicles stored on properties
Sec. 9-67. Anti-Idling (Environmental Protection)
Article VII. Public Health
Sec. 9-71. Wells to be kept covered
Sec. 9-72. Storage of ashes
Sec. 9-73. Litter and refuse
Sec. 9-74. Swimming pool fences
Sec. 9-75. Storing of rubbish
Sec. 9-76. Prohibiting non-residents from leaving trash
for curbside pick-up
Sec. 9-77. Establishing a fine for negligent disposal of
garbage and refuse
Sec. 9-78. Occupancy certificate
Article VIII. Public Safety
Sec. 9-81. Firearms, discharge of
Sec. 9-82. Coasting or sliding on public ways
Sec. 9-83. Fire prevention code
Sec. 9-84. Air-tight containers
Sec. 9-85. Security alarm systems
Sec. 9-86. Regulating negligent or intentional use of fire
Sec. 9-87. Forest Lake outlet and establishing the positions
of gate tenders
Sec. 9-88. Fire alarm systems
Sec. 9-89. Fence ordinance
Sec. 9-90. Numbering of dwellings/businesses
Sec. 9-91. Fire lane ordinance
Sec. 9-92. Prohibiting operation of dirt bikes
Sec. 9-92A Motorized Skateboards and/or Motorized Scooters
Sec. 9-92B Banning Gas Powered Motorized Mini bikes, Mini-chopper
Scooters and Motorized Go-Carts
Sec. 9-93. Childsafe construction sites
Sec. 9-94. Youth curfew
Sec. 9-95 Prohibiting stockpiling of snow near public ways
Sec. 9-96 Criminal History Background Checks
Sec. 9-97 Banning Snowmobiles on Cemeteries, Parks, Playgrounds
and School Playgrounds in the City of Methuen
CHAPTER 9 - PUBLIC PEACE, SAFETY AND ORDER
Section 9-11. Pasturing of Animals
No person shall pasture cattle or other animals, either with or without a keeper, upon any of the streets or ways in the City, provided that this ordinance shall not affect the right of any person to the use of the land within the limits of such way adjoining his own premises.
(1973 Ord., Sec. 9.03)
Section 9-21. City Owned Vehicles, Use Restricted
City owned cars and trucks shall be used for official City business only. They shall not be used at any time for the private business of the person to whom they are assigned. Pleasure riding or use of such vehicles is specifically forbidden. Any operator of a City owned vehicle shall be personally liable for any property damage or personal injuries which may result from accidents which occur when the vehicle is not in the furtherance of City business.
(1973 Ord., Sec. 9.14)
Section 9-22. No Motor Boat with Internal Combustion Engine Except City Authorized Rescue Crafts
No person shall operate a motor boat powered by an internal combustion engine upon any great pond not exceeding five hundred (500) acres in extent and not being used as a source of water supply of any City, water supply or fire district or public institution, the whole or any portion of which is located within the boundaries of the City of Methuen, except boats authorized by the City and used as rescue crafts.
Whoever violates any provision of this ordinance, unless otherwise provided by law or ordinance, shall be punished by a fine of not more than Fifty Dollars ($50.00) for each offense.
(1973 Ord., added by Ord. #19, Feb. 1974)
Section 9-23. Dumping Permits and Charges
All receipts from Permits, Charges, Sale of Scrap Material and recyclable material from the City landfill will be held in a separate account and be used upon the recommendation of the Mayor and with the approval of the City Council, for expenses in connection with the operation and maintenance of said landfill.
(1973 Ord., added by Ord. #54, May, 1977, amended by Ord. #57, Sept., 1977)
Section 9-24. Banning Garbage Rummaging
It shall be unlawful for an individual, excepting a law enforcement official during the course of police duties, to pick through the garbage of any resident after such time as the resident shall have deposited the material in a can or other container on or near the public way for pick up. Any person violating this ordinance shall be subject to a fine of One Hundred Dollars ($100.00) per incident.
(Ord. #538, Eff. May 18th, 1995)
Section 9-25. Banning Recycling Waste Material Scavenging
A. Definition
Recyclables - materials in the waste stream that can be re-manufactured into useful products including, but not limited to, aluminum beverage containers, steel and bi-metal cans, newspapers, magazines, corrugated paper, or other container board, office paper, plastic and glass containers.
B. Ownership of Recyclables and Scavenging Prohibition
Residential recyclables, upon placement at the curb, shall become the property of the City of Methuen on those routes regularly serviced by the City or its authorized contractors.
It shall be unlawful for any person, unless under contract with or licensed by the City, to collect or remove any recyclable materials that has been deposited or placed at the curb for recycling.
C. If, as prohibited in Section B hereof, any person not under contract with or licensed by the City of Methuen collects or removes any recyclable material that has been deposited or placed at the curb for recycling shall be subject to a Two Hundred Dollar ($200.00) fine.
(Ord. #554, Eff. Nov. 1st, 1995)
Section 9-26. Banning Graffiti
Whoever sprays or applies paint or places a sticker upon a building, wall, fence, sign, tablet, real or personal property, or on a public way or public building, commonly known as tagging, or marks, scratches, etches, or otherwise injures, mars or defaces such property with the intent to so do shall be punished by a fine of Three Hundred Dollars ($300.00) per offense.
(Ord. #559, Eff. Jan. 17th, 1996)
Section 9-26A. Removal of Graffiti from Public and Private
Property
A. Graffiti: Declaration of a Nuisance
It is hereby declared that graffiti, upon public and private property, is a nuisance which endangers the public health, safety, morals and welfare of the citizens of Methuen. Graffiti contributes to the creation of substandard, decadent and blighted neighborhoods; to the spread of crime and juvenile delinquency; to the reduction of property values; to the arrest of economic growth; and to the overall decline in the quality of life within the City of Methuen. Left uncontrolled, graffiti encourages additional graffiti, and constitutes an economic and social liability for the City of Methuen and its citizens.
B. Definitions
"Graffiti" - as used in this ordinance, as well as other applicable sections of the Methuen Municipal Code, shall mean any letters, words, writings, numbers, symbols, logos, drawings, paintings, carvings, etchings, inscriptions or other markings, nor required or approved of by law, affixed to any real property or improvements thereto, either privately or publicly held, which destroys, damages, defaces, disfigures, alters, marks or mars the property in any manner or to any degree.
"Owner" - as used in this ordinance, shall mean every person, alone or severally with others, who: (1) has legal title to any building or parcel of land, vacant or other-wise; or (2) has care, charge or control of any building, or parcel of land, vacant or otherwise, in any capacity, including but not limited to, agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate or the holder of legal title; or (3) is a mortgagee in possession of any such property; or (4) is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property.
"Real Property" - as used in this ordinance, shall mean land, and whatever is attached to its surface, including but not limited to buildings, bridges, poles, fences, trestles, playground equipment, fire hydrants, gravestones, tablets, trees, rocks, or any other object, natural or man-made.
C. Property Owner Responsible for the Removal of Graffiti
(1) The prompt removal of graffiti shall be the responsibility of the owner as defined herein, whether public or private, following the discovery or notice thereof.
(2) In the case of privately owned property, the owner shall be required to remove or cause graffiti to be removed within ten (10) days following receipt of written notice from the Board of Health, or its authorized agent, served upon the owner or the owner's authorized agent. The notice shall be in writing and shall contain an order to remove the graffiti, hereinafter sometimes called an "order of notice". The notice shall also contain the following information:
(a) the location of the property;
(b) a concise description of the graffiti conditions;
(c) a statement that the graffiti must be removed within ten (10) days after receipt of notice;
(d) a statement that if the graffiti s not removed within the ten (10) days, the property will be subject to the removal, cost and penalty provisions of Sections 9-25A-F, 9-25A-G and 9-25A-H; and
(e) notification of an owner's right to a hearing pursuant to Section 9-25A-G.
Copies of all referenced sections of the Code shall be attached to said notice.
D. Request and Procedure for Hearing
(1) The owner or owner's authorized agent to whom an order of notice has been served pursuant to this ordinance may request a hearing before the Board of Health by filing with the Board of Health, within seven (7) days after the day the order was served, a written petition requesting a hearing on the matter. Upon receipt of such petition, the Board of Health shall set a time and lace for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than thirty (30) days after the day on which the order was served. The Board of Health, upon application of the petitioner, may postpone the date of hearing for a reasonable time beyond such thirty (30) day period if, in the judgment of the Board of Health, the petitioner has submitted a good and sufficient reason for such postponement.
(2) At the hearing, the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn.
(3) After the hearing, the Board of Health shall sustain, modify, or withdraw the order and shall inform the petitioner, in writing, of its decision. If the Board of Health sustains or modifies the order, it shall be carried out within the time period allotted in the original order or in the modification.
(4) Every notice, order, or other record prepared by the Board of Health in connection with the hearing shall be entered as a matter of public record in the office of the Clerk of the City or in the Board of Health office.
E. Judicial Appeal
Any owner aggrieved by the final decision of the Board of Health with respect to an order of notice issued under the provisions of this ordinance may seek relief therefrom in any court of competent jurisdiction, as provided by the General Laws of the Commonwealth of Massachusetts.
F. Failure to Remove Graffiti from Privately Owned Property
(1) If an owner, as defined herein, has not requested a hearing within seven (7) days after receiving notice, and fails or refuses to remove graffiti within the period provided in Section 9-25A-C, the City of Methuen may enter upon the property and remove the graffiti.
(2) If an owner, as defined herein, has been ordered to remove graffiti following a hearing on the matter, and fails or refuses to remove the graffiti within ten (10) days following the hearing, the City may enter upon the property and remove the graffiti.
G. Other Relevant Sections
Nothing herein shall prevent the City of Methuen from enforcing other applicable sections of the Code or applicable sections of Massachusetts General Laws, including, but not limited to, Chapter 266, Section 126.
H. Cost of Removal
(1) If the owner, or the owner's authorized agent, fails to comply with an order issued pursuant to Section 9-25A-C or 9-25A-D, and the City of Methuen removes or causes such graffiti to be removed, the removal cost(s), pursuant to Massachusetts General Laws, Chapter 111, Section 125, shall constitute a debt due the City and shall be recoverable from such owner in an action of contract.
(2) Furthermore, pursuant to Massachusetts General Laws, Chapter 111, Section 25, any such debt, together with interest thereon at the rate of six per cent (6%) from the date such debt becomes due, shall constitute a lien on land upon which the graffiti was located if a statement of claim, signed by the Director of Public Health and the Treasurer/Tax Collector, setting forth the amount claimed, without interest, is filed, within ninety (90) days after the debt becomes due, with the Register of Deeds for Essex County.
Such lien shall take effect upon the filing of the statement aforesaid and shall continue for two (2) years from the first day of October next following the date of such filing. If the debt for which such a lien is in effect remains unpaid when the Board of Assessors is preparing a real estate tax list, the Director of Public Health, or the Treasurer/Tax Collector, shall certify such debt to the Board of Assessors, who shall forthwith add such debt to the tax on the property to which it relates and commit it with their warrant to the Treasurer/Tax Collector as part of such tax. If the property to which such debt relates is tax exempt, such debt shall be subject to the provisions of law relative to interest on the taxes of which they become, or, if the property were not tax exempt would become, a part; and the Treasurer/Tax Collector shall have the same powers and be subject to the same duties with respect to such debts as in the case of annual taxes upon real estate, and the provisions of law relative to the collection of such annual redemption of land so sold or taken shall, except as otherwise provided, apply to such claims. A lien under this section may be discharged by filing with the Register of Deeds for Essex County, a certificate from the Treasurer/Tax Collector that the debt constituting the lien, together with any interest and costs thereon, has been paid or legally abated. All costs of recording or discharging a lien under this ordinance shall be borne by the owner of the property.
I. Penalties
Any person who violates any provision of this ordinance shall be subject to a fine of Two Hundred Dollars ($200.00) for each offense and may be penalized by a non-criminal disposition as provided for under Chapter 17 of the Methuen Municipal Code and Massachusetts General Laws, Chapter 40, Section 21D. Each day's failure to comply with an order shall constitute a separate violation.
All provisions of the Methuen Municipal Code, as amended, which are consistent with this ordinance, shall continue in effect, but all provisions of said Code inconsistent therewith, are repealed.
(Ord. #613, Effective June 26th, 1997; as further amended by Ord. #759, Eff. July 1, 2003)
Section 9-27. Prohibiting the Blocking of Sidewalks
A. Definitions
The terms used in this ordinance shall have the following meanings unless the context clearly indicates that a different meaning is intended:
"Block" - To interfere with unobstructed travel by any means, including but not limited to, standing on the part of the walk that is fit for travel or placing an object or vehicle on such walk.
"Sidewalk" - Any sidewalk owned or maintained by the City of Methuen. The term shall not include private property such as shopping centers, apartment complexes, office building sites, or any other private property.
B. Blocking Sidewalks Prohibited
No person shall block any sidewalk by obstructing the same so that it is impossible for a pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street.
C. Free Speech
This ordinance shall not be interpreted as prohibiting any person from stopping on any sidewalk to talk or to make a speech, provided that such person shall not stand in such a location that it is impossible for any pedestrian to travel along the sidewalk without leaving the sidewalk and walking on adjacent property or on the street. If two or more persons are engaged in talking, while stopped on a sidewalk, they shall not stand in such locations as to completely prevent any pedestrian from passing them on the sidewalk.
(Ord. #560, Eff. Jan. 17th, 1996)
Section 9-28. Fences - Use as Clothesline Prohibited
The owner or person in control of any premises within the City shall not permit the use of any fence, front porch railing, front yard shrubs, or the exterior of front windows, and no person shall use any fence, front porch railing, front yard shrubs, or exterior of front windows for the purpose of drying or hanging clothing in public view.
All inspectional services personnel and all police and fire department personnel shall be considered enforcing persons for the purpose of this section.
A penalty of Twenty-Five Dollars ($25.00) shall be imposed for each violation of this section. Each day of violation shall be considered a separate offense. Violations of this section may be enforced in the manner provided in Chapter 40, Section 21D of the Massachusetts General Laws.
(Ord. #639, Eff. May 6th, 1998)
Section 9-29. Prohibiting Use of Utility Poles for Commercial Advertisements
Excepting as is otherwise required or allowed by law, it shall be unlawful for any person to place or allow to be placed on any utility pole any commercial advertisement. Any person violating this ordinance shall be subject to a fine of Fifty Dollars ($50.00) for each offense.
(Ord. #660, Eff. December 5th, 1998)
Article III. Morals and Conduct.
Section 9-32. Indecent and Profane Language Prohibited
No person shall use indecent or profane language to the annoyance of any person upon any way or place to which the public has the right of access, or upon any way or in any place to which members of the public have access as invitees. Nothing herein shall be interpreted to impair a person's right to free speech.
(1973 Ord., Sec. 9.05)
No person shall drink any alcoholic beverages as defined in Chapter 138, Section 1 of the Massachusetts General Laws while on, in or upon any public way or upon any way to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, park or playground, or private land or place without consent of the owner or person in control thereof.
Any person or persons violating this section may be arrested without warrant and/or summons before a court of competent jurisdiction, and punished by the imposition of a fine of not more than Fifty Dollars ($50.00).
(Added to 1973 Ord. by Ord. #12, Aug., 1973)
Section 9-34. Hitchhiking Prohibited
It shall be unlawful for any person to stand on a public way for the purpose of soliciting a ride from the operator of any motor vehicle.
Whoever violates any provision of this ordinance, unless otherwise provided by law or ordinance, shall be punished by a fine of not more than Fifty Dollars ($50.00) for each offense.
(Added to 1973 Ord. by Ord. #14, Oct., 1973)
Section 9-35. Pedestrian Soliciting Business
No person shall, while on a public way, solicit business from the operator or occupant of any motor vehicle without a written permit of the Board or officer having control of such public way.
Whoever violates any provision of this ordinance, unless otherwise provided by law or ordinance, shall be punishable by a fine of not more than Fifty dollars ($50.00) for each offense.
(Added to 1973 Ord. by Ord. #16, Oct., 1973)
Section 9-36. Loafing and Loitering in Streets; Obstructing Foot Travelers
No person shall, in a street, willfully obstruct the free passage of foot travelers, nor shall any person in a street, after being directed by a Police Officer to move on, loiter or remain for more than five (5) minutes within five hundred (500) feet of the place he was so directed to leave; provided, however, that nothing herein contained shall be construed to deny the right of peaceful picketing or parading, singly or in numbers, with or without placards, in or on any public way or street where persons may lawfully be in the course of a labor dispute as defined in sub-section 7, or Section 2 of Chapter 150A of the General Laws.
Whoever violates any provision of this ordinance, unless otherwise provided by law or ordinance, shall be punished by a fine of not more than Fifty dollars ($50.00) for each offense.
(Added to 1973 Ord. by Ord. #17, Nov., 1973)
For the purpose of establishing order, protecting the public interest, preserving the utilization of public resources for all citizens and to prevent the criteria of a common nuisance, most particularly on any park, playground, school yard, public way, and all other public property, it shall be unlawful for any person or group of more than three (3) persons within a radius of 100 feet to sit, stand, loiter, remain, congregate, assemble, gather, act in a disorderly manner, create a common nuisance or otherwise disturb the peace in or upon any park, playground, school yard or other posted public property within the municipal limits at any time between one hour after sunset and one hour after sunrise and/or before 12 noon on Sunday, except for authorized functions, events, exhibitions or other organized activities except for Police Officers, Public Safety Officers or other municipal employees engaged in the lawful performance of their duties.
Violation of this ordinance shall be punishable by a fine of no more than Fifty Dollars ($50.00) per violation and/or such other alternative form of punishment equivalent to said fine which may, by agreement, be imposed under the law; and said violation shall be subject to detention and arrest pursuant to the provisions of Chapter 272, Section 59-62 and Chapter 266, Section 120-120A of the General Laws of the Commonwealth of Massachusetts where applicable and any other such law intended to preserve order and protect the public from harassment, intimidation, vandalization or other threat to the public safety and welfare.
(Added to 1973 Ord. by Ord. #82, June, 1980)
No person shall enter upon the premises of another for the purpose of looking, peering or peeping into or found loitering around or within view of a window of the residence of another with the intent of invading one's privacy or spying upon any person or persons residing therein. Anything contained in this ordinance shall not be construed to abridge nor in any way limit the right of a Police Officer to enter upon private property, not to perform any act necessary in the performance of his official duties. Violations of this ordinance shall be punished with a fine of not less than Fifty Dollars ($50.00) for each and every offense.
(Added to 1973 Ord. by Ord. #38, Eff. Sept. 1975)
Section 9-39. Alcohol on Public Property
Whoever gives, sells, delivers or has in his/her possession any alcoholic beverages, except for medicinal purposes, in any public building or on any public grounds under the charge of the City of Methuen, shall be punished by a fine of Two Hundred Dollars ($200.00).
Provided, however, that notwithstanding any ordinance to the contrary, the City Council may authorize any organization using a public building or grounds, with its permission, to possess and sell alcoholic beverages therein or thereon; provided that such organization or person is properly licensed under the provisions of Section 14 of Chapter 138, Massachusetts General Laws, or other applicable provision. Such permit, as to Forest Lake, may be issued only for the period beginning the day after Labor Day and up to May 31st of any particular year.
(Ord. #154, Eff. July 4th, 1984, as amended by Ord. #163, Eff. Sept. 4th, 1984)
Section 9-39A. Prohibiting Underage Sale of Malt Beverages
It shall be unlawful for any person, business, corporation or partnership to sell or cause to be sold to any person under the age of twenty-one (21) non-alcoholic beer, or any malt beverage with any alcoholic content, however much reduced.
(Ord. #448, Eff. October 8th, 1992)
Section 9-39B. Penalty for Violating Executive Session
It shall be the policy of the City Council of the City of Methuen that no City officer or employee attending an executive session of the City Council shall breach the integrity of said session duly called under the provisions of General Laws, Chapter 39, Section 23B (the Open Meeting Law).
No City officer or employee shall, with intent, disclose any information, documents, materials, minutes or the like obtained in executive session of the City Council unless and until the City Council shall have determined that the minutes and records thereof must be made public consistent with said General Laws, Chapter 39, Section 23B.
Whoever violates this ordinance shall be punished by a fine of not more than One Hundred Dollars ($100.00).
(Ord. #435, Eff. May 21st, 1992)
Section 9-40. Regulation of Rolling Paper Sales
No person shall, for commercial purposes, knowingly display, cause to be displayed
or permit to be displayed in any business open to minors cigarette rolling papers.
Any person seeking to commercially sell such cigarette rolling papers shall
keep the same behind the sales counter areas away from view and away from the
reach of minors. Any person violating this ordinance shall be subject to a fine
of Fifty Dollars ($50.00) with each day or portion thereof constituting a new
breach.
(Ord. #432, Eff. March 19th, 1992)
Section 9-40A. Banning Possession or Use of Self-Contained Propellant Cans Near Parades
No person shall possess or use a self-contained propellant shot out of a can within five hundred (500) feet of a parade route, the Fourth of July Celebration, and any City sponsored events during the day and time of such activity. Each violation shall be subject to a penalty of Two Hundred Dollars ($200.00) and such product and its container shall be considered "litter". This ordinance shall not apply to police officers carrying department-authorized items such as pepper spray.
(Ord. #545, Eff. June 5th, 1995; as amended by Ord. #586, Eff. October 16th, 1996)
Section 9-40B. Penalty for Destruction or Removal of Political Signs
No person, excepting for the specific property owner or his authorized agent shall remove from private property or maliciously destroy a political sign. Any person violating this ordinance shall be subject to a fine of Two Hundred Dollars ($200.00) for each act of malicious destruction or prohibited removal, constituting a separate and new breach.
(Ord. #555, Eff. Oct. 2nd, 1996)
Section 9-40C. Banning the Sale of Spray Paint to Minors
Whoever sells to a minor under the age of sixteen, or, whoever, not being the parent, guardian or adult teacher or instructor, furnishes to a minor under the age of sixteen a can of spray paint shall be punished by a fine of not less than Fifty Dollars ($50.00) nor more than Two Hundred Dollars ($200.00).
(Ord. #612, Eff. June 26th, 1997)
Section 9-41. Second-Hand Goods License
No person shall be a collector of, or dealer in, junk, old metal or second-hand articles, or a keeper of a shop for the purchase, sale or barter of junk, old metals, or second-hand articles unless licensed therefor.
(1973 Ord., Sec. 9.04)
Section 9-42 Licensing and Regulation of Self-Service Storage Facilities
A. Definitions
The terms "self-service storage facility", "rental agreement", "leased space", "occupant", "operator", "personal property", and "last known address" shall have the same meaning when used in this ordinance as those words are defined in Chapter 105A, Section 1 of the General Laws.
B. License Required
No person shall establish, operate or maintain a self-service storage facility in the City of Methuen unless such person shall have been duly licensed therefor by the City Council of the City of Methuen.
C. Licenses Granted and Revoked by Council
The City Council may grant a license for the operation of a self-service storage facility for a term of up to five (5) years to such persons and in such locations as it may deem to serve the interests of the citizens of Methuen. Said licenses shall be so issued as to expire on the first day of January in the license period designated. The City Council may, after a public hearing, revoke or suspend such license for any violation of this ordinance.
D. Application
A person desiring to operate a self-service storage facility shall file an application with the City Clerk on a form as provided by said Clerk, together with a filing fee of two hundred Fifty Dollars ($250.00). Such form shall contain, at a minimum, the name of the applicant, his/her address, previous experience in the operation of self-service storage warehouses, the proposed location, and a plan of such facility, including the number of storage bays, their dimensions, security provisions for the property and the boundaries of the property. The City Clerk, upon receipt of the application, shall forward a copy of the same to the Police Department and the City Council Chairman.
E. Records to be Kept
Every operator shall maintain an office on the licensed premises and within such premises shall maintain:
- the license issued by the City Council displayed in a prominent location
- a record book containing the name and last known address of all occupants, together with the rental agreement
- a record of the times and dates when such occupant utilized his/her leased space
- names and addresses of all employees of operator
The operator shall, upon request, make available for inspection by the Police such information.
F. Operator Leasing Space to Occupants
No operator shall lease space in such facility to any person unless and until he shall have verified by suitable identification the name and address of the proposed occupant. Such operator shall make a copy of such identification and retain the same as part of the records.
G. Use by Other than Operator or Occupant Prohibited
No operator shall permit access to any leased space to other than the occupants of the leased space.
H. Security
The operator shall provide and maintain such security for the facility as is prescribed by the City Council.
I. Uses Prohibited
The operator shall not knowingly allow, suffer or permit the leased spaces to be used for the storage of: controlled substances (as defined under Chapter 94C, Massachusetts General Laws); inflammable substances and explosives (as defined in Chapter 148, Section 9, Massachusetts General Laws); stolen property; nor allow the leased space to be used for residential purposes.
J. Rental AgreementThe rental agreement shall contain, in bold type, a statement advising an occupant that the facility is licensed and operated under Chapter 9, Section 9-42 of the Methuen Municipal Code.
K. Grandfathering
Any facility in operation on the effective date of this ordinance shall be entitled to a license automatically upon application by the City Clerk who shall forthwith issue the same for a period to expire January 1st, 1994. Such operator shall thereafter re-apply for such license renewal under the standard provisions of this ordinance.
(Ord. #320, effective March 15th, 1989 9-42D Amended by Order #779, Effective October 7, 2004)
Section 9-43 Prohibiting Above Ground Storage of Class I Flammable Liquid Storage Tanks
All installations of Class I flammable liquid storage tanks, such as gasoline, after the effective date of this ordinance shall be made underground and shall comply with the provisions of 527 CMR 9.0 et seq except as may be wavered by the licensing authority.
(Ord. #715, effective May 17, 2001)
Article V. Public Works and Ways.
Section 9-51. Snow and Ice Removal
No person, firm or corporation shall, individually or by their agents, servants or employees, place or deposit by sweeping, shoveling or the use of other manual or mechanical means, upon any public street or way dedicated to public travel in the City of Methuen, snow or ice, in any form, which has accumulated on the premises of such person, firm or corporation; except that snow and ice, in any form, may be removed from the sidewalks adjacent to the premises of such person, firm or corporation and deposited in that part of such street or way nearest the curbing or outer edge of such sidewalk.
No person, firm or corporation, or their agents, servants or employees, shall, after snow has been deposited along the sidewalk of a public street or way dedicated to public use by snowplows or other snow removal equipment, of or under the control of the City of Methuen, remove the same, or any part thereof, from such portion of such street or way and deposit it in the traveled part of such street or way.
The penalty for violation of this ordinance shall be a fine of not less than Fifty Dollars ($50.00), nor more than Two Hundred Dollars ($200.00) per day for every day such person is in violation of such notice, commencing within the fourth day thereof.
If any provision of the within regulations or application thereof is held to be invalid, such invalidity shall not affect any provision of the regulations not specifically held to be invalid.
(1973 Ord., Sec. 9.07; as amended by Ord. #40, Oct., 1975)
Section 9-53. Towing Vehicles During Snow Emergencies
The Director of the Department of Public Works is authorized, for the purpose of removing or plowing snow, or removing ice, from any way, to remove or cause to be removed, to some convenient place, including in such term a public garage, any vehicle interfering with such work and for imposing liability for the cost of such removal, and of the storage charges, if any, resulting therefrom, upon the owner of such vehicle, in accordance with provisions of Massachusetts General Laws, Chapter 40, Section 21, sub-section 16.
Whoever violates any provision of this ordinance, unless otherwise provided by law or ordinance, shall be punishable by a fine of not more than Fifty Dollars ($50.00) for each offense.
(Added to 1973 Ord. by Ord. #42, Jan., 1976)
No person shall stand or park and no person shall allow, permit or cause any vehicle to stand or park in any of the following places:
Upon any area set apart from a street for the use of pedestrian traffic, said area being separated visibly from any street or roadway and designated solely for pedestrian use.
(Added to 1973 Ord. by Ord. #69, Dec., 1978)
Section 9-55. Handicapped Parking
A. Authority and Purpose
This ordinance is enacted pursuant to Section 21, Clause (23), of Chapter 40, Massachusetts General Laws, with and for the express intention of providing safe and convenient access to public facilities for handicapped persons.
B. Requirements for Reserving Handicapped Parking
Any person, firm corporation, partnership, or other entity that has lawful control of a public or private way or of improved or enclosed property used as off-street parking areas for business, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, residential dwellings, or for any other place where the public has a right of access as invitees or licensees, is hereby required to reserve parking spaces in said off-street parking areas for any vehicle owned and operated by a disabled veteran or handicapped person whose vehicle bears the distinguishing license plate authorized by Section 2 of Chapter 90, or, for any vehicle bearing the official identification of a handicapped person issued by any other State or any Canadian province, in accordance with the following formula:
For parking spaces in any such area that are:
- more than fifteen but not more than twenty-five, one parking space,
- more than twenty-five but not more then forty, five per cent of such spaces, but not less than two;
- more than forty but not more than one hundred, four percent of such spaces, but not less than three;
- more than one hundred but not more than two hundred, three per cent of such spaces, but not less than four;
- more than two hundred but not more than five hundred, two percent of such spaces, but not less than six;
- more than five hundred but not more than one thousand, one and one half per cent of such spaces, but not less than ten;
- more than one thousand but not more than two thousand, one percent of such spaces, but not less than fifteen;
- more than two thousand but not more than five thousand, three-quarters of one percent of such spaces, but not less than twenty;
- more than five thousand, one-half of one percent of such spaces, but not
less than thirty.
C. Identification of Handicapped Parking Spaces
Parking spaces designated as reserved under the provisions of this ordinance shall be identified by the use of above grade signs with white lettering against a blue background and shall bear the words, "Handicapped Parking; Special Plate Required"; Unauthorized; May Be Removed at Owner's Expense; said sign shall include the International symbol of accessibility (see attached sign); shall be as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person; and shall be a width of eight feet with a five foot accessible aisle with cross hatching. Two or more consecutive spaces are to be of twelve foot width, or, two eight foot wide areas with four feet of cross hatching between them.
The term "special plate" shall include (1) vehicles carrying handicapped plates as provided for under Section 2 of Chapter 90 of the Massachusetts General Laws; or (2) a vehicle displaying a permanent placard issued by the Commonwealth of Massachusetts; or (3) a vehicle displaying a temporary permit issued by the City of Methuen for said handicapped parking.
D. Penalties
Any person who places or parks any motor vehicles not designated with handicapped plates as provided for under Section 2 of Chapter 90, Massachusetts General Laws, or other self-propelled apparatus, or otherwise interferes with or blocks any space designated for handicapped parking as provided for in this ordinance, or who obstructs any curb ramp designated for use by handicapped persons as a means of egress to a street or public way, shall be punished by a fine of Two Hundred Dollars ($200.00), be they first, second or subsequent offenses.
E. Consultation with the Disability Commission
Prior to identifying handicapped parking spaces, either to be located on public or private property, the Disability Commission shall be consulted and provided with an opportunity to review and comment on the areas proposed to be identified for said handicapped parking.
(Ord. Nos. 103, Nov. 1981 and 107, Dec. 1981, as further amended by Ord. No.
170, Eff. Jan. 2nd,1985; as further amended by Ord. No. 221, Eff. March 20th,
1986; as further amended by Ord. No. 436, Eff. June 3rd, 1992; as further amended
by Ord. No. 444, Eff. August 6th, 1992; as further amended by Ord. No. 482,
Eff. September 1st, 1993; as further amended by Ord. No. 614, Eff. July 2nd,
1997; as further amended by Ord. #770, Eff. February 17th, 2004.)
Section 9-55A. Towing of Vehicles in Handicapped Parking Spaces
A. Authorization
The Chief of Police, or such other officer as he may designate, is hereby authorized to remove to some convenient place through the agency of a person or persons in the employ of the Police Department or by an independent contractor selected in accordance with law any vehicle parked or standing on any part of any way under the control of the municipality or on private property, where the property owner's permission is granted, where such vehicle is parked or standing in such a manner as to obstruct any curb ramp designed for use by handicapped persons as means of egress to a street or public way, or to occupy or obstruct any parking space reserved for a vehicle used by a disabled veteran or handicapped person whose vehicle bears the distinguishing license plate, or displays the special parking identification plate authorized by Section 2 of Chapter 90, Massachusetts General Laws, or bears the official identification of a handicapped person issued by any other State or any Canadian province.
B. Exemption
Vehicles owned by the Commonwealth or a political subdivision thereof or by the United States or any instrumentality thereof, or registered by a member of a foreign diplomatic corps, or by a foreign consular officer who is not a citizen of the United States and bearing a distinctive number plate or otherwise conspicuously marked as so owned or registered, shall not, however, be subject to such removal.
C. Liability; Cost of Removal
Liability may be imposed for the reasonable cost of such removal and for the storage charges, if any, resulting therefrom upon the owner of such vehicle, provided, however, that the liability so imposed for removal shall not exceed the maximum rate established by the Department of Public Utilities under authority of Section Six B of Chapter One Hundred and Fifty-Nine B, Massachusetts General Laws, and that the liability so imposed for storage shall not exceed the maximum rate established under the provisions of Section Six B of Chapter One Hundred and Fifty-Nine B of the Massachusetts General Laws.
D. Independent Contractor
Neither the removal nor the storage of a vehicle under the provisions of this section shall be deemed to be services rendered or work performed by the municipality or the Police Department of such municipality. The contractor towing such vehicle shall be liable to the owner of such vehicle for any damage caused to it arising out of negligence in the course of such removal and storage.
E. Notice
Towing of such vehicles may occur in said areas where a sign clearly warns that
a vehicle parking in said location may be subject to towing, but not otherwise.
The Chief of Police, in conjunction with the Disability Commission, shall insure all future parking spaces are properly marked and shall establish an appropriate transition period for remarking all present existing spaces not so designated.
(Ord. #434, Eff. May 21st, 1992)
Section 9-56. Repair of Vehicles on Public Ways Prohibited
A. No person shall repair a motor vehicle or motorized recreational vehicle
on a public way, or on a way to which the public has a right of access, or on
the sidewalks of said ways, except in case of emergency, for the purpose of
repairing the vehicle so that it can proceed under its own power, or to allow
the vehicle to be properly towed.
B. No person shall drain lubricants from a motor vehicle or motorized recreational vehicle onto a public way, or a way to which the public has a right of access, or onto the sidewalks of said ways.
C. No person shall allow a motor vehicle or motorized recreational vehicle to stand unattended on a public way, or way to which the public has a right of access, or on the sidewalks of said ways with any wheel or wheels jacked up or suspended above the surface of said ways or sidewalks, except in case of emergencies.
D. Any person who violates the provisions of this ordinance shall be punished by a fine of One Hundred Dollars ($100.00) for the first offense and Two Hundred Dollars ($200.00) for the second and continuing offenses.
(Ord. No. 114, May 1982)
Section 9-57. Prohibiting Improper Use of Fire Hydrants
No person, except the Fire Department of the City of Methuen, and employees of the Water Department and/or Department of Public Works, in the course of their duties, shall shut off, disconnect, obstruct, remove, destroy, or open, or cause or permit to be shut off, disconnected, obstructed, removed, destroyed, or opened, any part of any sprinkler system, water main, hydrant or other devise used for fire protection, whether publicly or privately owned, without first procuring a written permit to do so from the head of the Fire Department of the City, or the Superintendent of the Water Department.
Any person who shall violate the provisions of this ordinance shall, upon conviction, be fined One Hundred Dollars ($100.00) for each offense, each day or portion thereof constituting a new and separate offense.
(Ord. #121, Sept. 1982)
Section 9-58. Prohibiting Unregistered Vehicles or Trailers on Public Ways
A. Prohibitions
No person shall stand or park any unregistered vehicle or trailer or allow, permit or suffer any unregistered vehicle or trailer to stand or be parked at any time on any street, way, highway, road, or parkway (hereinafter referred to as "streets") under the control of the City of Methuen. Provided, however, that any vehicle or trailer lawfully on the aforesaid streets, in accordance with Massachusetts General Laws, Chapter 90, Section 9, shall be deemed not in violation of this ordinance.
B. Enforcement
The Chief of Police, or his designees, shall enforce the provisions of this ordinance. Should any vehicle or trailer be parked in violation of Section A hereof, said Police Chief, or his designee, may remove said vehicle or trailer to a convenient place, or, cause said vehicle or trailer to be moved to a convenient place, in accordance with this ordinance.
C. Liability to Costs
The costs of such removal and storage of the vehicle or trailer shall be borne by the owner of said vehicle or trailer, provided, however, that the rates for such removal and storage shall not exceed the maximum charges established in accordance with Chapter 159B, Section 6C.
D. Independent Contractor
The Chief of Police shall retain such independent contractors as may be necessary to enforce the provisions of this ordinance. Provided that such contract shall mandate: (1) that the individual towing and storing the vehicles or trailers shall be adjudged an independent contractor; (2) that neither the removal or storage of a vehicle or trailer under the provisions of this ordinance shall be deemed services rendered or work performed by the municipality or the Police Department of said municipality; (3) that the contractor shall be liable to the owner of such vehicle or trailer for any damages caused to it arising out of the negligence in the course of such removal or storage; (4) that an insurance policy covering damage to the vehicle or trailer or person or other property shall be maintained by the contractor in a sum deemed suitable by the Chief of Police; and (5) that the independent contractor shall not charge fees for removal or storage in excess of Chapter 159B, Section 6C, Massachusetts General Laws.
E. Notification
Any vehicle or trailer removed from a street and placed for storage in the care of a garage shall be stored in accordance with the provisions of this ordinance. At the time such vehicle or trailer is so placed, the Chief of Police, or his designee, shall furnish the independent contractor with the name and address, if known, of the registered owner of said vehicle or trailer. If such information is not then available, then such Chief of Police, or his designee, shall obtain such information and forthwith notify, in writing, the independent contractor. Upon receipt of such information, the independent contractor shall notify the registered owner of the vehicle or trailer by registered mail, return receipt requested, that such vehicle or trailer has been placed in his care as provided for in this ordinance. Such independent contractor shall further inform the owner of the storage rates and towing rates therefor and shall inquire as to when said vehicle or trailer shall be removed. Any vehicle not removed within the time limits stated in Chapter 135, Massachusetts General Laws, and other applicable sections, may be sold at auction under the control of the Chief of Police, in accordance with the above cited General Laws.
F. Prohibited Parking on Municipal Lots
No person shall stand or park any commercial vehicle or trailer, or allow, permit or suffer any commercial motor vehicle or trailer to stand or park on any municipal facility. Any person violating the provision of this regulation shall be subject to a fine of One Hundred Dollars ($100.00) per offense. Each day or part thereof shall constitute a new offense.
The term "commercial motor vehicle" as used herein shall mean any vehicle used for the purpose of transporting passengers or property when the vehicle [1] has a gross weight or gross combination weight rating of 10,000 pounds or more, [2] is designed to transport more than eight (8) passengers for compensation, [3] is wider than seven (7) feet or longer than nineteen (19) feet or [4] used in transporting material found by the United States Secretary of Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the United States Secretary of Transportation under 49CFR, Subtitle B, Chapter 1, Subchapter C.
Section 9-59. Parking Ordinance (Fines) In Accordance With The Provisions Of Massachusetts General Laws, Chapter 43B, and Any Other Applicable Law.
A. The fine for parking a vehicle not bearing a valid registration plate as required under Chapter 90 of the Massachusetts General laws on any street, way, highway, road or parkway under the control of the City shall be twenty ($20.00) dollars for each such violation.
B. The fine for parking a vehicle bearing an expired registration as required under Chapter 90 of the Massachusetts General Laws on any street, way, highway, road or parkway under the control of the City shall be twenty ($20.00) dollars for each such violation.
C. The fine for parking a vehicle not bearing a valid certificate of inspection as required under Chapter 90 of the Massachusetts General Laws on any street, way, highway, road or parkway under the control of the City shall be twenty ($20.00) dollars for each such violation.
D. The fine for parking a vehicle bearing an expired certificate of inspection as required under Chapter 90 of the Massachusetts General Laws on any street, way, highway, road or parkway under the control of the City shall be twenty ($20.00) dollars for each such violation.
(Ord. #249, Approved Dec. 15, 1986, Eff. Jan. 14, 1987; as amended by Ord. #605, Eff. May 7th, 1997; as amended by Ord. #769, Eff. February 17th, 2004)
Article VI. Environmental Protection.
Section 9-61. Regulation of Loudspeakers, Amplifiers, and Paging Systems
A. Legislative Findings
The City Council finds: (1) in accordance with Chapter 40, Section 21, Clause
22, Massachusetts General Laws, that it may enact an ordinance for the purpose
of controlling and abating noise from whatever source which acts as a public
nuisance and/or noise pollution; (2) that the uncontrolled and unregulated noise
caused by commercially operated loudspeakers, amplifiers and paging systems
interferes with the comfortable enjoyment of life, property and recreation of
its citizenry; and (3) effective control and elimination of excessive noise
from such commercially operated loudspeakers, amplifiers and paging systems
furthers the health and welfare of the City's inhabitants to conduct the normal
pursuits of life.
B. Prohibition
No commercially operated loudspeakers, amplifiers and/or paging systems shall
be operated which are clearly audible at a distance of ten feet to the exterior
of the building on which it is mounted between the hours of 12:00 A.M. and 7:00
A.M.
C. Penalties
Any person, firm or corporation violating any provision of this ordinance shall
be fined as follows:
(1) Upon the committal of the first offense, notice of such violation shall
be served upon the person, firm or corporation.
(2) Upon the committal of the second offense, the fine shall be One Hundred Dollars ($100.00).
(3) Upon the committal of the third offense, the fine shall be Two Hundred
Dollars ($200.00)
(4) Upon committal of the fourth offense, and thereafter, the fine shall be
Three Hundred Dollars ($300.00).
A separate offense shall be deemed committed on each day a violation of the ordinance shall occur.
D. In addition to the above penalties, this ordinance may be enforced by injunctive relief.
(Ord. #243, Approved Oct. 20, 1986, Eff. Nov. 19, 1986)
Section 9-62. Noise Pollution Control Ordinance
A Short Title
This ordinance may be cited as the Noise Control Ordinance of the City of Methuen.
B. Legislative Findings
The City Council finds that:
(1) Excessive noise degrades from the environment of the City to the degree which (a) it is harmful and detrimental to the health, welfare and safety of the inhabitants; (b) it interferes with the comfortable environment of life, property and recreation and with the conduct and operation of business and industry; and (c) it causes nuisances.
(2) No one has a right to create excessive noise which harms the health, welfare and safety of the inhabitants of the City and detraction from their standard of living.
(3) Effective control and elimination of excessive noise is an essential right of the citizens in the furtherance of their health and safety and in the conduct of normal pursuits of life, recreation and commerce.
C. Definitions
The following terms, as used herein, shall mean and be construed as that listed in this section.
"Construction" - the creation, demolition, alteration or repair of any building or the working on any site within the City of Methuen.
"Emergency" - any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action.
"Emergency work" - any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
"Mobil carpet cleaner" - a motor vehicle having mounted on or in it a gas or electrical or diesel driven engine for the purpose of generating steam to clean carpets.
"Motor Vehicle" - shall have the same meaning as that utilized in Chapter 90, Section 1, Massachusetts General Laws, however, excluding Methuen Department of Public Works refuse trucks.
"Noise" - any sound which annoys or disturbs humans or which tends to cause an adverse psychological or physiological effect on humans.
"Noise disturbance" - any sound which endangers or injures the safety or health of humans or animals or annoys and disturbs a reasonable person of normal
"Person" - any individual, association, partnership or corporation and includes any officer, employee, department, agency or instrumentality thereof.
"Residential area" - an area designated by the zoning ordinance of the City of Methuen for residential use.
"Weekday" - any day, Monday through Friday.
"Weekend" - Saturday and Sunday, unless another definition is used herein.
D. Specific Prohibitions
(1) It shall be unlawful for any person within the City of Methuen to make,
continue or cause to be made or continued any loud, unnecessary or unusual noise
which either annoys, disturbs, injures or endangers the comfort, repose, convenience,
health, peace or safety of others, within the City limits.
(2) The following acts are declared to be loud, disturbing and unnecessary noises, in violation of this section:
a. Vehicles - Horns, Signaling Devices
The sounding of any horn or signaling device on any automobile, motorcycle or other vehicle on any
street or public place of the City, except as a danger warning; the creation by means of any such signaling
device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and
unreasonable period of time; the use of any horn, whistle, or other device operated by engine exhaust;
and the use of any such signaling device when traffic is for any reason held up. Authorized emergency
vehicles may use warning sounds.b. Loudspeakers, Amplifiers, Paging Systems - Sound on Streets
The playing, using, operating or permitting to be played, used or operated any radio receiving set, musical instrument, phonograph, loudspeaker, sound amplifier, or other machine or device for the producing or reproducing of sound which is cast upon the public streets of the City.
c. Radios, Phonographs, Loudspeakers and Amplifiers - Time and Use Restrictions on Private PropertyThe playing, using, operating or permitting to be played, used or operated, any radio receiving set, musical instrument, amplifier, phonograph, tape player, television receiving set or other machine or device for the producing or reproducing of sound at any time of day during the week loud enough to be clearly heard fifty feet (50') from the boundary of the property on which the sound is produced or reproduced.
d. Construction
It shall be unlawful to operate or permit the operation of any tools or equipment used in construction, drilling or demolition work between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. on any day such that the sound therefrom creates a noise disturbance within a residential district, except for emergency work of public service utilities or by a permit granted under this ordinance.
e. Loading and Unloading
It shall be unlawful to load, unload, open or close or to do other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of nine o'clock (9:00) P.M. and seven o'clock (7:00) A.M. in such a manner as to cause noise disturbance in a residential district.f. Dumpsters
No person shall (1) load or unload a dumpster on a dumpster truck body or similar vehicle, or (2) load any garbage and/or operate a trash compactor truck within a residential district or within six hundred feet of a residential district between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M.
g. Other
No person shall cause, suffer, allow or permit the unnecessary operation of the engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time, in excess of five minutes, nor shall such person cause, suffer, allow or permit the operation of a refrigeration unit of a tractor-trailer unit between the hours of ten o'clock (10:00) P.M. and seven o'clock (7:00) A.M. on any day such that the noise thereof shall be clearly audible in a residential district or within one hundred feet of a residence.
h. No person shall cause, suffer, allow or permit the starting and warming up of any construction equipment after the hour of 10:00 P.M. and before the hour of 5:30 A.M. on any day, such that the noise therefrom shall be clearly audible in a residential district or within one hundred (100) feet of a residence.i. No person shall operate or permit to be operated a mobile carpet cleaner unit within one hundred feet of a residence between the hours of 10:00 P.M. and 7:00 A.M. on a week day (or 10:00 P.M. to 9:00 A.M. on a Saturday, Sunday or holiday) for the purpose of cleaning carpets in a commercial establishment.
E. Emergency Exemptions
The provisions of this ordinance shall not apply to: (1) the emission of sound for the purposes of alerting persons to the existence of an emergency, or (2) the emission of sound in the performance of emergency work, or (3) the emission of sound from a snowblower used for clearing a residential driveway or walkway.
F. Permits
Notwithstanding the above, the Chief of Police may issue a permit to authorize matters otherwise prohibited in this ordinance upon application of a person, should he determine that the public convenience, health, welfare or safety is not impaired or that, given that there shall be a minimum impairment, the activity engaged in is necessary in the normal course of a business or commercial use.
G. Severability
The provisions of this ordinance are severable. If any provision of this ordinance,
or the application thereof to any person or circumstance, is held invalid, such
invalidity shall not affect other provisions or applications of this ordinance
which shall be given effect without the invalid provision or application.
H. Penalty
Any person, firm or corporation violating any provision of this ordinance shall be fined as follows:
1. Upon the committal of the first offense, the fine shall be twenty-five ($25) Dollars.
2. Upon the committal of the second offense, the fine shall be One Hundred Dollars ($100.00).
3. Upon the committal of the third offense, the fine shall be Two Hundred Dollars ($200.00).
4. Upon the committal of the fourth offense, and thereafter, the fine shall be Three Hundred Dollars ($300.00).
A separate offense shall be deemed committed on each day a violation of the ordinance shall occur.
I. Injunctive Relief
In addition to the fine penalties available, the municipality may commence an action seeking injunctive relief to prohibit a violation of this ordinance.
(Ord. #273, Eff. Oct. 8, 1987; as amended by Ord. #384, Eff. June 4, 1990; as amended by Ord. #392, Eff. Aug. 1st, 1990; as amended by Ord. #395, Eff. Oct. 5th, 1990; as amended by Ord. #402, Eff. Oct. 17th, 1990; as further amended by Ord. #467, Eff. March 4th, 1993; as further amended by Ord. #506, Eff. May 19th, 1994; as further amended by Ord. #721, Eff. May 21st, 2001))
Section 9-63. Prohibiting the Parking of Trucks on Residential Streets
It shall be unlawful for any person, firm or corporation to park a tractor trailer, semi-tractor, semi-trailer truck exceeding five (5) tons on any street or residential lot in an AG/CON, RA, RB, RC, RD, RG or CN District between 9:00 P.M. and 7:00 A.M.
This ordinance shall be enforced by the Police Department upon the complaint of an abutter. The term "abutter" shall mean abutters, abutters to abutters within three hundred feet of the property line of the subject property, and owners of land directly opposite on any public or private street or way.
Any person, firm, or corporation violating this ordinance shall be subject to the following: For the first offense, a written warning shall issue. For any second and subsequent offense of violating this ordinance, the person, firm, or corporation shall be fined One Hundred Dollars ($100.00) for each such offense each day or part thereof, constituting a new offense.
(Ord. #558, Eff. Jan. 17th, 1996)
Section 9-64. Noise Pollution
A. Definitions
As used in this ordinance, unless the context otherwise clearly indicates, the words and phrases used herein are defined as follows:
"A" band level - "A" band level shall mean the total sound level of all noise as measured with a sound level meter using the "A" weighting networks. The unit is the dBA.
Ambient noise - Ambient noise shall mean the all-encompassing noise associated with a given environment, usually being a composite of sounds with many sources near and far.
Band-pressure level - Band-pressure level of a sound for a specified frequency band shall mean the sound-pressure level for the sound contained within the restricted band.
Cycle - Cycle shall mean the complete sequence of values of a periodic quantity which occurs during a period.
Decibel - Decibel (dB) shall mean a unit of level which denotes the ratio between two quantities which are proportional to power; the number of decibels corresponding to the ratio of two amounts of power is ten times the logarithm to the base ten of this ratio.
Emergency work - Emergency work shall mean work made necessary to restore property to a safe condition following a public calamity or work required to protect persons or property from an imminent exposure to danger.
Frequency - Frequency of a function periodic in time shall mean the reciprocal of the primitive period. The unit is the cycle per unit time and shall be specified.
Microbar - Microbar shall mean a unit of pressure commonly used in acoustics and is equal to one dyne per square centimeter.
Period - Period of a periodic quantity shall mean the smallest increment of time for which the function repeats itself.
Periodic quantity - Periodic quantity shall mean oscillating quantity, the values of which recur for equal increments of time.
Sound-amplifying equipment - Sound- amplifying equipment shall mean any machine or device for the amplification of the human voice, music, or any other sound. Sound-amplifying equipment shall not include standard automobile radios when used and heard only by the occupants of the vehicle in which the automobile radio is installed. Sound-amplifying equipment, as used in this ordinance, shall not include warning devices or authorized emergency vehicles or horns or other warning devices on any vehicle used only for traffic safety purposes.
Sound analyzer - Sound analyzer shall mean a device for measuring the band pressure level or pressure spectrum level of a sound as a function of frequency.
Sound-level meter - Sound-level meter shall mean an instrument including a microphone, an amplifier, an output meter, and frequency weighting networks for the measurement of noise and sound levels in a specified manner.
Sound-pressure level - Sound-pressure level in decibels of a sound shall mean twenty times the logarithm to the base ten of the ratio of the pressure of this sound to the reference pressure, which reference pressure shall be explicitly stated.
Spectrum - Spectrum of a function of time shall mean a description of its resolution into components, each of a different frequency.
Commercial purpose - Commercial purpose shall mean and include the use, operation, or maintenance of any sound amplifying equipment for the purpose of advertising any business, or any goods, or any services, or for the purpose of attracting the attention of the public to or advertising for, or soliciting patronage or customers to or for any performance, show, entertainment, exhibition, or event, or for the purpose of demonstrating any such sound equipment. Non-commercial purpose - Non-commercial purpose shall mean the use, operation, or maintenance of any sound equipment for other than a commercial purpose. Non-commercial purpose shall mean and include, but shall not be limited to, philanthropic, political, patriotic, and charitable purposes.
B. Decibel Measurement Criteria
Any decibel measurement made pursuant to the provisions of this ordinance shall be based on a reference sound pressure of 0.0002 microbars as measured in any octave band with center frequency, in cycles per second, as follows: 63, 125, 250, 500, 1000, 2000, 4000 and 8000, or as measured with a sound level meter using the "A" weighting
C. Special Noise Sources
1. General
It shall be unlawful for any person to willfully make or continue, or cause to be made or continued, any loud, unnecessary, or unusual noise which disturbs the peace or quiet of any neighborhood or which causes discomfort or annoyance to any reasonable person of normal sensitiveness residing in the area.
The standards which shall be considered in determining whether a violation
of the provisions of this section exists shall include, but not be limited to,
the following:
The volume of the noise;
The intensity of the noise;
Whether the nature of the noise is usual or unusual;
Whether the origin of the noise is natural or unnatural;
The volume and intensity of the background noise, if any;
The proximity of the noise to residential sleeping facilities;
The nature and zoning of the area within which the noise emanates;
The density of the inhabitation of the area within which the noise emanates;
The time of day or night the noise occurs;
The duration of the noise;
Whether the noise is recurrent, intermittent, or constant; and
Whether the noise is produced by a commercial or non-commercial activity.
2. Machinery, Equipment, Fans and Air-Conditioning
It shall be unlawful for any person to operate any machinery, equipment, pump, fan, air-conditioning apparatus, or similar mechanical device in any manner so as to create any noise which would cause the noise level at the property line of any property to exceed the ambient noise level by more than five decibels based on a reference sound pressure of 0.00002 microbars as measured in any octave band center frequency, in cycles per second, as follows: 63, 125, 250, 500, 1000, 2000, 4000 and 8000, and for the combined frequency bands, "A" band.
3. Sound-Amplifying Equipment
The commercial and non-commercial use of sound-amplifying equipment shall be subject to the following regulations:
(a) The only sounds permitted shall be either music or human speech, or both;
(b) The operation of sound-amplifying equipment shall only occur between the hours of 8:00 A.M. and 10:00 P.M. each day except on Sundays and legal holidays. No operation of sound-amplifying equipment for commercial purposes shall be permitted on Sundays or legal holidays. The operation of sound-amplifying equipment for non-commercial purposes on Sundays and legal holidays shall only occur between the hours of 10:00 A.M. and 10:00 P.M.
(c) No sound emanating from sound-amplifying equipment shall exceed fifteen dBA above the ambient as measured at any property line.
(d) In any event, the volume of sound shall be so controlled that it will not be unreasonably loud, raucous, jarring, disturbing, or a nuisance to reasonable persons of normal sensitiveness within the area of audibility.
(Ord. #628, Eff. March 19th, 1998)
9-65.1 General Prohibition and Definitions.
No person shall make or cause to be made any unreasonable or excessive noise
in the city, by whatever means or from whatever means or from whatever source.
As used herein, the following terms shall have the following meanings:
a. dBa shall mean A-weighted sound level in decibels, as measured by a general purpose sound level meter complying with the provisions of the American National Standard Institute, "Specifications far Sound Level Meter (ANSI SIR 19711)", properly calibrated, and operated on the "A" weighting network
b. Load amplification device or similar equipment shall mean a radio, television, phonograph, stereo, record player, tape player, cassette player, compact disc player, loud speaker, or sound amplifier which is operated in such a manner that it creates unreasonable or excessive noise.
c. Unreasonable or excessive noise shall mean
1. Noise measured in excess of 50 dBa between the hours of 11:00 p.m.. and 7:00 a.m.., or in excess of 70 dBa at all other hours; or
2. In the absence of an applicable noise level standard or regulation of the Air Pollution control commission, any noise plainly audible at a distance of three hundred (300) feet or, in the case of loud amplification devices of similar equipment, noise plainly audible at a distance of one hundred (100) feet from its source by a person of normal hearing.
9-65.2 Unreasonable Noise-Making Automobile Safety Devices.
The use, maintenance, installation or keeping of any device whose purpose it
is to protect an owner's vehicle from damage and/or then through the mechanical
creation of a noise of sufficient magnitude to be plainly audible at a distance
of two hundred (200') feet from such device which does not automatically terminate
any such noise within five 15) minutes shall be unlawful
9-65.3 Regulation of Construction Hours.
No erection, demolition, alteration, or repair of any building and excavation
in regard thereto, except between the hours of 7:00 am. and 6:00 p.m., on weekdays
or except in the interest of public safety or welfare, upon the issuance of
and pursuant to a permit from the police chief or his designee which permit
may be renewed for one or more periods of not exceeding one week each.
9-65.4 Noise Levels at Residential Lot Lines.
It Shall be unlawful for any person without a permit except in emergencies by
Public Utility Companies to operate any construction device(s), including but
not limited to impact devices, on any construction site if the operation of
such device(s) emits noise, measured at the lot line of a residential lot in
excess of 50 dBa between the hours of 6:00 p.m. and 7:00 a.m..
9-65.5 Disturbing the Peace.
It shall be unlawful for any person or persons in a residential area within
the City of Methuen to disturb the peace by causing or allowing to be made any
unreasonable or excessive noise, including but not limited to such noise resulting
from the operation of any radio, phonograph or sound related producing device
or instrument, or from the Playing of any band or orchestra, or from the use
of any device to amplify the aforesaid noise, or from the making of excessive
outcries, exclamations, or loud singing or any. other excessive noise by a person
or group of persons, or from the use of any device to amplify such noise provided,
however, that any performance, concert, establishment, band, group or person
who has received and maintains a valid license or permit from any department,
board or commission of the City of Methuen authorized to issue such license
or permit shall be exempt from the provisions of this section. Unreasonable
or excessive noise shall be defined as noise measured in excess of 50 dBa between
the hours of 11:00 p.m. and 7:00 a.m. or in excess of 70 dBa at all other hours
when measured not closer than the lot line of a residential lot or from the
nearest affected dwelling unit. The term dBa shall mean the A-weighted sound
level in decibels, as measured by a general purpose sound level meter complying
with the provisions of the American National Standards Institute, "Specifications
for Sound Level Meters (ANSI SIR 19711" properly calibrated, and operated
an the "A" weighting network. Any person aggrieved by such disturbance
of the peace may complain to the Police about such unreasonable or excessive
noise. The police, in response to each complaint, shall verify by use of the
sound level meter described herein that the noise complained of does exceed
the limit described herein and if so, may thereupon arrest and/or make application
in the appropriate court for issuance of a criminal complaint for violation
of M.G.L. c. 272, S. 53, which sets forth the penalties for disturbing the peace.
9-65.6 Prohibition Against Loud Amplification Devices in Motor Vehicles.
It shall be unlawful for any person in any area of the city to operate a loud
amplification device or similar equipment, as defined in subsection 9-65.1,
in or on a motor vehicle, which is either moving or standing in a public way.
9-65.7 Prohibition Against Loud Amplification Devices in Public Ways or Places.
It shall be unlawful for any person in any area of the City without a permit
to operate a loud amplification device or similar equipment, as defined in subsection
9-65.1, in a public way or in any other public place.
9-65.8 Prohibition Against Loud Amplification Devices in or on Residential Premises.
It shall be unlawful for any person in any area of the City without a permit to operate a loud amplification device or similar equipment, as defined in subsection 9-65.1, in a dwelling house or on the land or other premises of such dwelling house.
9.65.9 Unreasonable Noise from Motor Vehicles or Motorcycles
a. It shall be unlawful for a person to perate a motor vehicle unless such motor vehicle is equipped with a muffler to prevent excessive or unnecessary noise as is required under Massachusetts General Laws, Chapter 90, Section 16.
b. It shall be unlawful for a person to operate a motorcycle unless such motorcycle is equipped with a muffler system and is in compliance with the standards of Massachusetts General Laws Chapter 90, Section 16 and/or Chapter 90, Section 7S through 7U.
Violations of these provisions may be fined through the provisions of Section 9.65 of the Methuen Municipal Code or by the issuance of a GL Chapter 90 Citation.
Any money dervied from enforcement of Chapter 90-65 shall be deposited into a separate account to be used for the purchase, maintenance of noise measuring equipment, as well as, enforcement of Chapter 90-65
9-65.10 Enforcement.
Subsections 9-65.2 thru 9-65.8 may be enforced by any police officer, any special police officer designated by the Chief to do so, or of the Board of Health. The Housing Court may enjoin violation of these subsections.
9-65.11 Penalties.
a. Any person who violates subsections 9-65.6, 9-65.7, 9-65.8 shall be fined fifty dollars ($50) for the first violation in any twelve (12) month period, one hundred dollars ($100) for the second violation in any twelve-month period and two hundred dollars ($200) for a third violation and each subsequent violation in any twelve-month period. A separate offense shall be deemed committed on each day a violation of the ordinance shall occur.
The enforcing person shall make a record of the complaint, such record to include
the following information to the extent that it is available: (a) name and address
of person in violation; (2) name and address of landlord of person in violation,
if applicable; (3) date of violation; (4) time of violation; (5) source of violation;
and (6) motor vehicle registration number, if applicable. If the person in violation
refuses to provide the above-required information, or if any information provided
proves to be false then said person shall be punished by a fine of an additional
one hundred dollars ($100). The enforcing person shall provide a person in violation
with a written notice of the violation and fine. If applicable, a copy of each
notice of violation shall be sent to the person in violation's landlord and
to the school, college, or university at which the person in violation is enrolled.
b. The Board of Health shall keep and make available to the public and all persons
authorized to enforce these provisions, and the certification or the information
there appearing by an enforcing official to a court shall establish a rebuttable
presumption of the accuracy thereof.
No person being the landlord or person in charge of a residential structure
shall permit, allow, or suffer repeated violations of this ordinance after notice
thereof and shall be fined at the time of the third such violation and at the
time of every violation thereafter within twelve (12) months of the first violation
by a fine of one hundred fifty dollars ($150) and by a fine of three hundred
dollars ($300) for each violation thereafter. It shall be a defense that the
landlord or person in charge of a residential structure has made and documented
good faith efforts, including but not limited to the seeking of a court order,
to prevent violations.
Any person who subsequently violates these subsections 9-65.6, 9-65.7, 9-65.8,
shall be punished by a fine of one hundred ($100.00) dollars for the second
offense, two hundred ($200.00) dollars for the third offense; and three hundred
($300.00) dollars far the fourth and subsequent offenses committed within a
twelve (12) month period. All fines hereunder may be recovered by the non-criminal
disposition procedures stated in G-L- c. 40, Section 21D, which procedures are
incorporated herein by reference; provided, however, that if a violator fails
to follow the procedures and requirement of said Section 21D, the fine or fines
shall be recovered by indictment or an complaint pursuant to G.L. c. 40, Section
41.
c. For all other violations of these sections, the penalties for such violations
are; (i) for the first violation in any twelve (12) month period, one hundred
dollars ($100), (ii) for the second violation in any twelve month (12) period
, two hundred ($200), and (iii) for a third violation and each subsequent violations
in any twelve month period, three hundred dollars ($300)
d. The enforcing person shall provide a person in violation with a written notice
of the violation and fine. If applicable, a copy of each notice of violation
shall be sent to the person in violation's landlord.
All fines issued under these sections may be recovered by a non-criminal disposition
procedure promulgated in G.L. Chapter 40 section 21D, which procedures are incorporated
herein by reference; provided, however that if a person in violation fails to
follow the procedures and requirements of G.L. Chapter 40 section 21D then the
fine or fines shall be recovered by indictment or by complaint pursuant to G.L.
Chapter 40 section 41.
9-65.12 Arrest and Seizure of Property.
Notwithstanding the provisions of any other ordinance of the City of Methuen, if a person is arrested by a Methuen police officer under the authority of the Massachusetts General Laws, inducing without limitation the provisions of G.L. chapter. 272, sec. 54 for disturbing the peace under G.L. c. 272, s". 53, or any applicable Massachusetts General Law, the arresting officer may, pursuant to said General Laws, seize any loud amplification device or similar equipment, as defined in subsection 9-65.1, as evidence. In the event of such seizure for evidence by a Methuen police officer incident to such arrest, such amplification device or similar equipment shall be inventoried and held by the Methuen Police Department or its agents, and shall be returned to its owner according to the terms of this section, unless a court of competent jurisdiction orders otherwise.
The arresting officer, in addition to any other reports or procedures required
of him, shall give the person claiming to be the owner of said loud amplification
device or similar equipment a receipt indicating where, when, and for what reason
said device or equipment was seized, and for what purpose it is being held.
Copies of said receipt shall be filed in the Methuen Police Department and shall
be made available to the court. No receipt shall be redeemed and no such device
or equipment shall be returned to any person unless and until all judicial proceedings
that may be held regarding the criminal allegations shall have been finally
completed; provided, however, that if a motor vehicle shall be seized incident
to an arrest, such motor vehicle may be returned to its registered owner if
said loud amplification device or equipment has been duly removed therefrom
with the written permission of the registered owner of said motor vehicle. In
such cases, the Police Department shall provide said owner with a receipt for
the removed device or equipment as herein provided.
9-65.13 Exemptions.
The following are exempted from the provisions of Section 9-65 and shall not
be considered unreasonable or excessive noise for purposes of this section:
a. Noise from law enforcement motor vehicles.
b. Noise from emergency vehicles that is emitted during an actual emergency.
c. Noise which a person is making or causing to be made where such person has
received and maintains a valid license or permit therefor from any department,
board or commission of the City authorized to issue such license or permit;
provided, however, that such noise shall be permitted only to the extent allowed
by the license or permit.
d. Noise from any public school related activity such as sports or band music.
9-65.14 Severability.
If any person or subsection of this section shall be held to be invalid by a
court of competent jurisdiction, then such person or subsection shall be considered
separately and apart from the remaining provisions or subsections of this section,
which shall remain in full force and effect.
Section 2
The current section 9-65 entitled an ordinance "Banning unregistered vehicles
stored on properties" is renumbered to section 9-66.
Section 9-66. Banning Unregistered Vehicles Stored on Premises
Excepting as provided herein, the ungaraged parking of (1) an unregistered and uninspected; (2) an unregistered and inoperable, or (3) a registered but uninspected or inoperable car, truck, motorcycle or trailer is not permitted on any lot in the City. This section shall not apply to the parking of one motor vehicle with a capacity of three-quarters of a ton or under on a residential lot, if such vehicle is in an operable condition and meets the standards as required under Massachusetts General Laws, Chapter 90, for inspection and registration.
The term "uninspected" as used herein shall mean not displaying a valid inspection sticker for the applicable inspection period.
Any person who violates this ordinance shall be subject to a fine of One Hundred Fifty Dollars ($150.00) for each offense with every day the violation continues being a separate and new offense. The provisions of Chapter 17 of the Methuen Municipal Code regarding non-criminal dispositions shall apply.
A police officer, health inspector or inspectional services employee may enforce this ordinance.
Where the public safety or health is not put at risk, a written warning shall be issued providing a two-day advance warning before fines are imposed.
(Ord. #694, Eff. April 8th, 2000; as further amended by Ord.
#759, Eff. July 1st, 2003; Ord. #767, Eff. November 19th, 2003;
as further amended by Ord. #771, Eff. June 2nd, 2004; as further amended by
Ord. #772, Eff. June 2nd, 2004)
Section 9-67. Anti-Idling (Environmental Protection)
No person shall cause, suffer, allow or permit the unnecessary operation of an engine of a motor vehicle while said vehicle is stopped for a foreseeable period of time in excess of five (5) minutes. This section shall not apply to (a) vehicles being serviced, provided that operation of the engine is essential to the proper repair thereof, or (b) vehicles engaged in the delivery or acceptance of goods, wares, or merchandise for which engine assisted power is necessary and substitute alternative means cannot be made available, or (c) vehicles engaged in an operation for which the engine power is necessary for an associate power need other than movement and substitute alternate power means cannot be made available provided that such operation does not cause or contribute to a condition of air pollution. Whoever violates any provision of this ordinance shall be punished by a fine of not more than one hundred ($100.00) dollars for the first offense, nor more than five hundred ($500.00) dollars for each succeeding offense.
The police department, fire department, board of health officials, or building inspector or his designee acting within his jurisdictional area is hereby authorized to strictly enforce the provisions of this section in those areas determined by the City Council throughout the City of Methuen and so designated by official signage.
(Ord. #833, Eff. Asugust 13, 2009)
Section 9-71. Wells to be Kept Covered
All owners of land whereon is located an abandoned well or a well in use,
shall provide a covering for such well capable of sustaining a weight of three
hundred pounds or fill the same to the level of the ground.
(1973 Ord., Sec. 9.09)
Section 9-72. Storage of Ashes
No person shall keep ashes in any wooden vessel in any building situated within one hundred (100) feet of any building or buildings belonging to any other person.
(1973 Ord., Sec. 9.10)
Section 9-73. Litter and Refuse
Whoever shall, without the license of the Board of Health, throw into, or leave in or upon any street, court, square, lane, alley, public square, public closure, private property, pond or body of water, or vacant lot where it would be offensive or injurious to public health, within the limits of the City, any dead animal, dirt, sawdust, soot, ashes, cinders, shavings, hair, shreds, manure, oyster, clam or lobster shells, waste water, rubbish, or filth of any kind, or any refuse, animal or vegetable matter whatsoever, shall be punished by a fine of not more than One Hundred Fifty Dollars ($150.00) for each offense with every day the violation continues being a separate and new offense..
(1973 Ord., Sec. 9.13; as further amended by Ord. #759, Eff. July 1st, 2003)
Section 9-74. Swimming Pool Fences
Every outdoor inground swimming pool shall be completely surrounded by a fence or wall not less than four (4) feet in height, which shall be so constructed as not to have openings, holes, or gaps larger than four (4) inches in any dimension except for doors and gates; and if a picket fence is erected or maintained, the horizontal dimension shall not exceed four (4) inches. A dwelling house or accessory building may be used as part of such enclosure.
All fences shall be equipped with a gate, which shall have a self-closing and self-latching device for keeping the gate securely closed at all times when not in actual use.
The above referenced fencing shall be permanent in nature as determined by the Building Commissioner and shall be installed and maintained at all times.
All gates or doors opening through such enclosure shall be equipped with a device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
This requirement shall be applicable to all new outdoor, inground swimming pools hereafter constructed and shall apply to all existing outdoor, inground pools. No person in possession of land within the City of Methuen, either as owner, purchaser, lessee, tenant or licensee, upon which is situated an outdoor, inground swimming pool shall fail to provide and maintain such fence or wall as herein provided.
Whoever violates any provision of this ordinance, unless otherwise provided by law or ordinance, shall be punishable by a fine of not more than One Hundred Dollars ($100.00) for each offense.
(Added to 1973 Ord. by Ord. #8, May, 1973 and further amended by Ord. #550, Eff. Sept. 6th, 1995; as further amended by Ord. #759, Eff. July 1st, 2003)
Section 9-75. Storing of Rubbish
No person shall place, permit or allow to remain upon a public way or public pedestrian way, in front of property, or at the street line or roadway any trash can, receptacle, plastic bag or other container used for the purpose of storing trash, waste, garbage or like materials, except for the purposes of collection; nor shall any person permit or allow said material to remain thereon for a period of more than forty-eight (48) hours after a regularly scheduled pick-up of said trash, waste, garbage, or like material by the Department of Public Works of the City of Methuen or other collector of such material.
Whoever violates any provision of this ordinance, unless otherwise provided by law or ordinance, shall be punishable by a fine of not more than One Hundred Dollars ($100.00) for each offense.
(Added to 1973 Ord. by Ord. 15, Sept., 1975; as further amended by Ord. #759, Eff. July 1st, 2003)
Section 9-76. Prohibiting Non-Residents from Leaving Trash for Curbside Pick-Up
A. Definitions
"Trash" shall mean all solid waste, including toxic and hazardous wastes, demolition debris, auto parts, white goods, stumps and lumber, pathological wastes, toxic and volatile chemicals and any other item of personality to be disposed of.
"Leave for curbside pick-up" shall mean the leaving of trash in any form of container, including a plastic bag, for curbside pick-up by the City of Methuen Department of Public Works crews.
B. Prohibition
It shall be a violation of this ordinance for any non-resident or any agent of a non-resident to cause or allow to be placed and left for curbside pick-up in the City of Methuen trash of such non-resident.
C. Penalty
Any person who violates this ordinance shall be punished by a fine of Seventy-five Dollars ($75.00) for each offense; such violation to be determined for each bag or container left at such curbside and each day the violation is committed or permitted shall constitute a separate offense and shall be punishable as such hereunder.
(Ord. #256, Approved May 4, 1987, Eff. June 3, 1987; as further
amended by Ord. #759, Eff. July 1st, 2003)
Section 9-77. Establishing a Fine for Negligent Disposal
of Garbage and Refuse
A. Statement of Policy
The Inhabitants of the City of Methuen desire a clean and healthy environment, free of debris, waste and garbage on their streets and property. As such, the citizens must impose the responsibility for waste disposal on the individuals that generate it in order to insure that these individuals will act to correctly dispose of such waste, debris and materials.
B. Penalty
Any person who negligently disposes of trash, bottles, cans, refuse, rubbish,
garbage, debris, scrap waste or any other material of any kind (hereinafter
"litter"), such that it is deposited on a public way, public property,
or within twenty yards of such way or property, shall be punished by a fine
of Three Hundred Dollars ($300.00). Each offense thereof shall constitute a
separate and new violation. A person may be fined even where he/she did not
directly deposit, place, throw, discharge or cause to be thrown, deposited,
or discharged such litter, but is responsible for such litter being so disposed
by the fact that such person negligently failed to provide for its proper disposal.
Evidence of the responsible party shall be presumptively established where such
litter contains the name and address of the person or serial numbers on materials
so disposed, such as mail or other items.
(Ord. #596, Eff. January 16th, 1997)
Section 9-78. Occupancy Certificate
A. Notification Requirement
Whenever a dwelling unit, apartment, or tenement, other than those in a hotel or motel, is vacated by the occupant or occupants thereof, or, prior to such vacancy, the owner or lessor of such residential property shall be responsible for notifying, in writing, the Board of Health of such vacancy and for scheduling an inspection required by this ordinance.
B. Certification Requirements and Fee
Such unit must be certified by the Board of Health or its agents as meeting
105 CMR 410.000, "State Sanitary Code", Chapter 11, "Minimum
Standards of Fitness for Human Habitation", as promulgated and from time
to time amended by the State Department of Public Health, prior to being reoccupied
by a new occupant. The fee for such a certificate shall be Forty Dollars ($40.00).
C. Refusal of Certification
Any owner of such property used for dwelling purposes failing to comply with
this ordinance shall pay a fine of Three Hundred Dollars ($300.00) for the first
day and Fifty Dollars ($50.00) each additional day for every day they allow
any person or persons to live, occupy, or inhabit the said premises without
having received a Certificate of Occupancy based upon compliance with the Sanitary
Code, Article II, Minimum Standards for Health and Human Habitation. The provisions
of Chapter 17 of the Methuen Municipal Code, entitled "Non-Criminal Disposition
of Municipal Ordinance, Rule or Regulation Violations" shall apply and
tickets may issue thereunder.
D. Time Limitations on Inspections
The Board of Health shall make an inspection within five (5) working days of
written notification recorded in the Health Department Office. Said inspection
not having been made within five (5) working days, the owner or lessor may rent
said unit; the rental, however, subject to the premises receiving an after-occupancy
inspection and certificate.
E. Exemptions
The following properties shall be exempt from this ordinance:
a. Property that is owned by the Methuen Housing Authority.
b. Any building that is owner occupied unless and until a complaint is filed
by a tenant of the building with the Board of Health. However, when a certificate
is required for a unit subject to Section 8 rentals, then the owner shall notify
the Board and request the occupancy certificate.
c. Any new construction less than two (2) years prior to date on which the rented
dwelling unit, apartment, or tenement is first rented.
F. Right to Inspect
The Board of Health reserves the right to inspect any dwelling unit, apartment or tenement at any set time.
(Ord. #700, Eff. July 5th, 2000; as further amended by Ord. #759, Eff. July 1st, 2003)
Section 9-81. Firearms, Discharge of
No person shall fire or discharge any firearms or explosives of any kind within the limits of any highway, park or other public property except with the permission of the Police Chief; or on any private property, except with written consent of the owner or legal occupant thereof; provided, however, that this ordinance shall not apply to the lawful defense of life or property nor to any law enforcement officer acting in the discharge of his duties.
A firearm shall mean and include a revolver, pistol, rifle, shotgun, or any other device or weapon, however designed, capable of firing a shot or bullet.
(1973 Ord., Sec. 9.06)
Section 9-82. Coasting or Sliding on Public Ways
No person shall coast or slide down hills upon any sled, board, or other vehicle on any street, sidewalk or public way of the City, except upon street, or portions thereof, designated for the purpose.
(1973 Ord., Sec. 9.02)
Section 9-83. Fire Prevention Code
A. Adoption
There is hereby adopted by the City Council of the City of Methuen, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code, known as the National Fire Protection Association (NFPA) National Fire Code, being particularly the 1995 edition thereof, and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended. A copy of which code shall be maintained on file in the office of the Fire Chief of the City of Methuen and the same is hereby adopted and incorporated as fully as if set out at length herein; and, from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the City of Methuen as mentioned herein.
B. Penalties
1) Any person who shall violate any of the provisions of the code hereby adopted or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the Chief of the Fire Department or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and noncompliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00). The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and, all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and, when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
2) The application of the above penalty shall not be held to prevent the enforced removal or prohibited conditions.
C. Compliance
This code shall become immediately effective in the City of Methuen, excepting that any person, firm, corporation, trust, business or like entity, which is not in compliance, shall be provided a period of ninety (90) days from the approval date hereof, to come into compliance with the code. Failure to comply shall result in the penalties being implemented as mentioned in Section B, sub-sections 1) and 2) herein.
D. Validity
The City Council of the City of Methuen hereby declares that, should any section, paragraph, sentence, or word of this ordinance, or of the code hereby adopted, be declared for any reason to be invalid, it is the intent of the City Council of the City of Methuen that it would have passed all other portions of this ordinance independent of the elimination therefrom of any such portion as may be declared invalid.
(Ord. #231, Approved May 7, 1986, Eff. June 6, 1986)
Section 9-84. Air-Tight Containers
It shall be unlawful for any person, firm or corporation to leave or permit to remain outside of any dwelling, building or other structure, or within any unoccupied or abandoned building, dwelling or other structure under his or its control, in a place accessible to children, any abandoned, unattended or discarded ice box, refrigerator, or other container which has an air-tight door or lid, snap- lock, or other locking device which may not be released from the inside, without first removing said door or lid, snap-lock, or other locking device from said ice box, refrigerator, or container.
Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding Fifty Dollars ($50.00). Each day such violation is committed or permitted to continue, shall constitute a separate offense and shall be punishable as such hereunder.
If any section, sub-section, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof.
(1973 Ord., added by Ord. #27, Sept. 1974)
Section 9-85. Security Alarm Systems
A. Automatic Dialing Devices
No automatic dialing device shall be interconnected to any telephone numbers at the Police Department after the effective date of this ordinance.
Within three (3) months after the effective date of this ordinance, all automatic dialing devices interconnected to any telephone numbers at the Police Department, shall be disconnected therefrom. The user of each device shall be responsible for having the device disconnected.
B. Direct Connections to the Police Department
Alarm systems may be connected to the alarm console in the Police Station by interfacing through the one company maintaining the alarm console at the Police Station.
The alarm user or alarm business contracting for servicing the alarm users alarm system, shall be responsible for obtaining the required leased telephone lines between the alarm users premises and the alarm receiving equipment at the Police Department and for furnishing the appropriate interface equipment, if required, to be compatible with the receiving equipment used to operate the alarm console.
C. Control and Curtailment of Signals Emitted by Alarm Systems
Every alarm user shall submit to the Chief of Police, the names and telephone numbers of at least two (2) persons, in addition to the alarm user, who can be reached at any time, day or night, and who are authorized to respond to any emergency signal transmitted by an alarm system, and who can open the premises wherein the alarm system is installed.
Within six (6) months from the effective date of this ordinance, all alarm systems which use an audible horn, siren or bell shall be equipped with a device which will shut off such horn, siren or bell within fifteen (15) minutes after activation of the alarm system.
D. Testing of Equipment
No alarm system connected to the Police Department shall be tested, worked
on or demonstrated without first obtaining permission from the Police Department.
E. Penalties
Any alarm user who violates the provisions of this ordinance will be subject to a fine as follows:
After the third offense in a calendar year, fines shall be imposed by the Chief of Police as follows:
Fourth offense $ 75.00
Fifth offense 100.00
Sixth offense 150.00Seventh offense 200.00
Eighth and subsequent offenses 250.00
Further, upon the happening of the eighth offense in the twelve (12) month period, the Chief of Police may order the alarm user to disconnect the alarm system totally.
In the instance where the Chief of Police shall order an alarm system disconnected, then the alarm user may appeal to the City Council within ten (10) days of the order. The City Council, following a hearing, shall, within twenty days of the order, either accept the recommendation of the Chief of Police, or alternatively, rescind his order. A vote to rescind may only occur on a two-thirds vote of the full City Council.
F. Definitions of Offense
For the purpose of this ordinance, an offense shall be as follows:
- Failure to remove or installing an automatic dialing device after the effective date of this ordinance.
- Failure to submit to the Chief of Police the names and addresses as required by the ordinance.
- Failure to equip an audible bell, horn, siren, etc., with an automatic shut-off device.
- Testing or demonstrating the alarm system without the permission of the Police Department.
- False alarms, as a result of negligent operation, or failure to properly maintain the alarm system.
(Ord. #127, Eff. Dec. 6, 1982, as amended by Ord. #129, Eff.
March 24, 1983; as further amended by Ord. #360, Eff. Dec. 20, 1989 and Ord.
#382, Eff. June 20, 1990; as further amended by Ord. #477, Eff. August 5th,
1993; as further amended by Ord. #518, Eff. August 31st, 1994; as further amended
by Ord. #760, Eff. July 1st, 2003.)
Section 9-86. Negligent or Intentional Use of Fire
Whoever sets a fire on land which is not owned or controlled by him/her, and, before leaving the same, neglects to entirely extinguish such fire, or whoever willfully or negligently sets a fire on and which is not owned or controlled by him/her whereby property is endangered or injured, or whoever willfully or negligently suffers a fire upon his/her own land to escape beyond the limits thereof to the injury of another, shall be punished by a fine of not more than Two Hundred Dollars ($200.00).
(Ordinance #148, Eff. March 7th, 1984)
Section 9-87. Regulating the Forest Lake Outlet and Establishing the Positions of Gate Tenders
A. Purpose
This ordinance is enacted under the authority of the Methuen City Council with the purpose of regulating the Forest Lake outlet structure and, most specifically, for the following reasons:
1. To control the drainage from Forest Lake, throughout the year, and especially during fall/winter draw-down.
2. To prevent downstream flooding of the residents in and adjacent to the Forest Lake area, including the abutters of the lake.
3. To insure the average elevation and capacity of Forest Lake.
4. To insure that the proper procedure for draw-down is followed and records kept to determine its effect and future draw-down beginning dates and whatever pertinent information that would be helpful.
B. Definitions
As used herein, the following terms shall be defined as follows:
1. "Forest Lake Outlet" - that brook and its adjacent features presently located between property now or formerly of Donald Petzold and Robert and Margaret Northrup and is now on a permanent easement by the City of Methuen.
2. "Outlet Control Structure" - that portion of the Forest Lake outlet on property now or formerly of Donald Petzold and Robert and Margaret Northrup.
3. "Gate Tender" - shall be the Superintendent of the Division of Environmental Management in the Department of Public Works or such other person as may be designated by the Director of Public Works. Said Gate Tender shall perform his duties under the Methuen City Charter, this ordinance and such other missions as may be assigned to him/her. In addition to Gate Tender, there shall be two Assistant Gate Tenders - one of whom shall be an abutter to Forest Lake and the other shall be a member of the Forest Lake Association. The Assistant Gate Tenders shall not alter or change the gate so as to affect drainage on Forest Lake, but shall assist the Gate Tender regarding maintenance and cleaning of the area in front of the structure and to the rear of the structure and advise him/her on safe capacity for Forest Lake.
C. Penalties
No person shall mark, deface, disfigure, injure, tamper with, or alter the Forest Lake Outlet structure. Further, no person, excepting the gate tenders or a duly authorized officer of the City of Methuen, shall adjust or alter the control structure as to affect or change drainage from Forest Lake. Any person violating this provision shall be subject to a fine of Two Hundred Dollars for each offense, each day or portion thereof, constituting a new and separate offense.
D. Gate Tenders
There is hereby established, as an officer of the City of Methuen, the unpaid positions of gate tender who are responsible for the control, maintenance/cleaning of the area in front of the structure, lakeside and rear of structure, brookside, from any debris that may hamper the structure from functioning properly, and that the structure will be checked monthly and after every storm. Further that access by way of permanent easement may not be hindered in any way by abutters of this structure, so that the gate tenders can perform their duties without obstruction.
E. Drainage
No person, including the gate tenders, shall alter or change the gate so as to affect the drainage of Forest Lake without having first duly received the permit and permission of the Conservation Commission of the City of Methuen, pursuant to the Wetlands Protection Act.
F. Posting
In addition to the other duties imposed upon the gate tenders, they shall, within thirty (30) days of the effective date of this ordinance, insure that an appropriate and permanent sign be affixed in the location at, or near, the Forest Lake outlet structure, indicating that the tampering with said gate shall carry with it a violation of City law and a penalty in the amount as hereinbefore fixed.
(Ordinance #149, Eff. March 7th, 1984; as amended by Ordinance #225, Eff. April 16th, 1986; as amended by Ordinance #287, Eff. June 15th, 1988; as amended by Ordinance #433, Eff. May 6th, 1992)
Section 9-88. Fire Alarm Systems
A. Automatic Dialing Devices
No automatic dialing device shall be interconnected to any telephone numbers
at the Fire Department after the effective date of this Ordinance. Within (3)
months after the effective date of this Ordinance all automatic dialing devices
inter-connected to any telephone numbers at the Fire Department, shall be disconnected
therefrom. The user of each device shall be responsible for having the device
disconnected.
B. Automatic Notification to the Fire Department
All mandated fire alarm systems and all sprinkler systems shall provide automatic notification to the Methuen Fire Department. Alarm systems may be connected to the alarm console in the Fire Station by interfacing through the one company maintaining the alarm console.
The alarm user shall be responsible for obtaining the required leased telephone
lines between the alarm users premises and the alarm receiving equipment at
the Fire Station and for furnishing the appropriate interface equipment, if
required, to be compatible with the receiving equipment used to operate the
alarm console.
C. Control or Curtailment of Signals Emitted by Alarm Systems
Every alarm user shall submit to the Chief of the Fire Department, the names
and telephone numbers of at least two persons who can be reached at any time
of the day or night, and who are authorized to respond to an emergency signal
transmitted by an alarm system, and who can open the premises wherein the alarm
system is located.
Each false alarm, subsequent to three (3) in a thirty (30) day period, caused
by user equipment failure, negligent operation or failure to provide proper
maintenance, shall, after notice to the user, be considered as a separate violation.
D. Testing of Equipment
No alarm system connected to the Fire Department shall be shut down, tested, demonstrated or worked on without first obtaining permission from the Fire Department.
E. Definitions of Offenses
For the purpose of this Ordinance the following shall be defined as offenses.
- Failure to remove or installing an automatic dialing device after the effective date of this Ordinance.
- Failure to submit to the Department Chief the names and addresses as required by this ordinance.
- Testing, demonstrating, shutting down or working on a system without permission from the Fire Department
- False alarms, as a result of faulty user equipment, negligent operation,
or failure to properly maintain the alarm system.
- By failing to install a key box as required by an order of the Fire Chief
within seven (7) days of such order.
F. Penalties
Any alarm user who violates the provisions of the ordinance shall be subject
to a fine of Twenty-Five Dollars ($25.00) and each subsequent offense considered
a separate violation and the third subsequent violation in a twelve month period
be considered reason for the Chief to order the total disconnection of the offending
system.
G. Key (Knox) Box
All buildings required, by law, to provide a fire warning system, excepting those with twenty-four (24) hour, seven (7) day per week guard service, shall be equipped with a key (knox) box in a location as required by the Fire Chief. Such knox box shall contain, at a minimum, keys for Fire Department use to gain access to the building(s) and the mechanical and electrical rooms thereof. The Fire Chief may alter or waiver the provisions of this sub-section if, in his opinion, an alternate and adequate means of access is provided.
(Ord. #280, Eff. March 2, 1988; as added to by Ord. #360, Eff. Dec. 20th, 1989; as amended by Ord. #417, Eff. April 17th, 1991; as further amended by Ord. #518, Eff. August 31st, 1994.)
Section 9-89. Ordinance Regulating Fences
A. Height Restrictions
It shall be unlawful for any person to erect or construct on any premises within
the City of Methuen a fence exceeding six (6) feet in height.
B. Safety Precautions
1. It shall be unlawful for any person to erect, install or maintain a fence
which obscures clear view of traffic at intersections or driveways or which
creates a safety hazard to pedestrian or vehicular traffic.
2. It shall be unlawful for a person to install or maintain, in a residential area, a barbed wire fence.
C. Permit
It shall be unlawful for any person to install, erect, construct, relocate or alter a fence within the City without first obtaining a permit therefor from the Building Commissioner. No permit shall be issued if the Building Commissioner determines that the proposed fence does not meet the requirements of this ordinance.
An applicant for a fence permit shall, at the time of filing such application, additionally submit to the Building Commissioner a sketch or design of the proposed fence including a description of materials to be used and a specification of height shall be submitted therewith.
D. Location of Fences
No fence shall be erected on any property between the street and the front of the principal building on said property and further, any lot which is bounded on two or more sides by a public or private way shall have a setback requirement similar to that of property in the district in which it is located. Such fence as erected shall provide that the supporting side shall face towards the property on which it is located and that the so-called "face" or "finish" side shall be oriented toward the abutting property or way.
(Ord. #723, Eff. July 4th, 2001)
E. Exemptions
Notwithstanding the above, the following are exempt from the requirements
of this ordinance:
(1) Fences in existence before the passage of this ordinance, excepting that
any new fence erected on the property shall comply.
(2) This ordinance shall not apply to any open post and rail fencing relative to the front or side setback requirements of this ordinance; nor shall the front and side setbacks apply to chain link fences, provided that no slats or other means of visual obstruction be placed in or on said fencing.
F. Hedges
The terms of this ordinance shall apply to hedges to the extent that the same must comply with frontage and setback as is specified herein.
G. Additional Regulations - Commercial Security Fences - Any Business
Any business entity seeking to construct a fence for the security of its premises shall, when filing for its permit, simultaneously, submit:
(1) A site plan prepared by a Registered Land Surveyor, showing the proposed location of the fence in relation to any structures on site or all directly abutting properties, the lot line of the property, and any ways abutting the property.
(2) A full description of the type and height of the fence as well as whether or not barbed wire will be used.
(3) The site plan referred to in sub- paragraph (1) above shall display the entrances as well as display emergency entrances for fire safety vehicles.
No permit shall issue for a commercial security fence unless (a) the Fire Chief approves of the plan as adequate for fire equipment access and (b) the Police Chief reviews and approves the plans as being adequate to safeguard the public safety.
H. Permit Fee
The cost for the fence permit is hereby established as follows:
Residential permit $ 10.00
Commercial permit 25.00
(Ord. #292, effective August 4th, 1988)
I. Waiver
A property owner may seek to be granted a waiver from certain portions of this ordinance. The Zoning Board of Appeals is hereby granted authority to waiver the provisions of this ordinance upon application of a property owner if the public interest is served and if reports are submitted by the Police Department that the granting of the application will not negatively affect the public safety.
Procedure. The party shall obtain a waiver application from the Building Commissioner and shall file the same with the Zoning Board of Appeals. A person seeking a waiver shall pay a permit fee in the amount of fifty dollars. The application shall be accompanied with a plan showing the location of the proposed fence and providing detail on its height, length and type. The plan need not be a surveyed plot plan, but may be a penciled mortgage survey plan or modified assessor's map plan. A notice of such application shall be mailed to the "parties in interest" s defined under Chapter 40A Massachusetts General Laws advising them of the date, time and place of the hearing and notifying them of the location where they may review the application. A waiver granted by the Board shall be certified by the Board's Clerk and placed on file in the Building Commissioner's Office.
(Ord. #749, effective October 7, 2002)
Section 9.90. Numbering of Dwellings/Businesses
A. Numbers, Type and Size
All structures, be they residential, business, commercial or industrial, on lots in the City of Methuen shall display building numbers made of a permanent weatherproof material and shall be a minimum of three (3) inches in height, in either block or script style.
Numbers in written form, such as "Two Hundred Eighty-Five", are not acceptable. Numbers are to be of a contrasting color to the background surface.
B. Placement of Numbers
Such building numbers shall be placed on each structure so as to be plainly visible from the street on which the building is located by street address.
Buildings not visible from the street shall have an address marker placed in a plainly visible location (such as a post) near the street. Numbers on such markers shall be a minimum of four (4) feet in height from the street surface.
Numbers should not be placed where they will be obstructed by snow, shrubbery, decorations, etc.
C. Assignment
The numbers so utilized shall be those assigned by the Board of Assessors.
D. Responsibility for Placement of Numbers
It shall be the responsibility of the following individuals, persons, firms, or corporations (The Individuals), at their own expense and cost to place or cause to be placed building numbers on structures:
(1) As to existing structures, the owner of the building.
(2) As to structures under construction, which have not been issued an occupancy permit as of the effective date of the ordinance, the person listed on the Building Permit as the owner.
E. New Building Requirements
The owner of any property seeking a Building Permit for new construction shall simultaneously apply for and receive a building number designation from the Board of Assessors. The number so assigned shall be affixed to the structure before the Occupancy Permit for such structure shall be issued by the Building Commissioner.
F. Enforcement
This ordinance shall be enforced by the Building Commissioner or his subordinates.
G. Inspection for Conformity
Inspection for conformity with this ordinance shall be conducted by the Fire Department as part of the required smoke detector inspection at the time of the sale or refinancing of the property. The Fire Chief, or his designee, shall have the authority to regulate the size, type and placement of address numbers.
H. Fines
Any individual found in violation of this ordinance shall be punishable by a fine of Twenty-Five Dollars ($25.00) per offense; each day, or portion thereof that the violation is allowed to continue shall constitute a separate offense.
Notwithstanding the above, upon the first violation of this ordinance, an individual shall receive a written violation notice only. Such notice shall direct the individual to affix such building number(s) within seven calendar days or thereafter be subject to the fines provided for above.
I. Effective Date
The provisions of this ordinance shall become effective thirty days from the date of adoption excepting existing structures to which it shall become effective ninety days from adoption.
(Ord. #313, effective January 4th, 1989; as amended by Ord. #589, effective
Nov. 20th, 1996)
Section 9-91. Fire Lane Ordinance
A. Definitions
The terms, as used herein, shall have the following meanings:
"Apartment Complex" - Any building which has three or more "dwelling units" as the term is defined in 780 CMR 201.0 et seq.
"Lodging/Rooming House" - A building or buildings required to be licensed under Chapter 140, Sections 22 through 32, Massachusetts General Laws, excepting that this ordinance shall only apply to such properties which may or do let to fifteen or more persons.
"Hotel/Motel" - Shall have the same meaning as that provided for in 780 CMR 201.0 et seq., excepting that this ordinance shall only apply to such properties which may or do rent or hire out to fifteen or more persons.
"Health Care Facility" - Shall mean that as defined in Chapter 111, Section 25B, Massachusetts General Laws.
"Retail/Office Complex" - One or more buildings held jointly or in common association wherein three or more retail or service businesses transact commercial activities for the public.
"Industrial/Storage Complex" - Any building or number of buildings used in the manufacture or storage of finished goods or products.
B. Application
This ordinance shall apply to all new and existing buildings covered under this Ordinance, excepting that buildings existing on the effective date of this ordinance shall have thirty days to come into compliance.
C. Fire Lanes
The following buildings and/or uses shall be required to establish and maintain fire lanes:
Building/Use Width of Fire Lanes
Apartment Complex 25 Feet
Lodging/Rooming House 25 Feet
Hotel/Motel 25 Feet
Health Care Facility 25 Feet
Retail/Office Complex 30 Feet
Industrial/Storage Complex 30 Feet
Private & Public Schools 25 Feet
Orphanages 25 Feet
Rest Homes/Nursing Homes 20 Feet
D. Location/Marking
The fire lanes referenced in Section C shall run adjacent to and around each
building. Such area shall be demarked with bright yellow diagonal lines no greater
than two feet apart and have painted on the macadam the term "No Parking
- Fire Lane" to attract the attention of the possible violators; the lettering
thereof being no smaller than eighteen inches in height. Signs reading "No
Parking - Fire Lane" also will be posted on the building in conspicuous
places no more than one hundred feet between each sign. The lettering on said
signs shall be no smaller than three inches in height on a sign no smaller than
eighteen inches by twelve inches.
E. Waiver
The Chief of the Fire Department, on application of a building owner, may waive or modify the provisions of this ordinance if, in his opinion, the interests of public safety are served.
Such interests may include sprinkling of the building in lieu of the fire lane encircling the building.
F. Provisions of Enforcement
Any person who shall violate any of the provisions of the fire lane policy hereby adopted or fail to comply therewith, or shall violate or fail to comply with any order made thereunder, or who shall fail to comply with such an order as affirmed or modified by the Chief of the Fire Department or by a court of competent jurisdiction, within the time fixed herein, shall severally, for each and every such violation and non-compliance respectively, be guilty of a misdemeanor, punishable by a fine of not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00). The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall constitute a separate offense.
(Added by Ord. #399, Eff. 10-17-90; as amended by Ord. #409, Eff. Dec. 5th, 1990)
Section 9-92. Prohibiting Operation of Dirt Bikes in the City of Methuen
A. In and pursuant to authority vested in the City of Methuen by Home Rule
and in accordance with the provisions of General Laws, Chapter 90B, Section
33, the use of two, three or four-wheel motor vehicles, as partly defined in
General Laws, Chapter 90B, Section 20 (recreational vehicles), and more commonly
known as dirt bikes, is hereby prohibited in the City of Methuen to be operated
therein on any land whatsoever excepting that property owned by an individual
or, if rented by said individual, given written permission by the owner of the
property.
(1) Any person found operating a dirt bike on property other than above described shall be subject to a fine of One Hundred Dollars ($100.00) per incident.
(2) Any landowner permitting or allowing persons other than their immediate family or the property renter to operate a dirt bike on their property shall be subject to a fine of One Hundred Dollars ($100.00) per incident.
(3) Any landowner allowing or permitting any person to operate a dirt bike on their property between nine o'clock post meridiem and ten o'clock ante meridiem shall be subject to a find of One Hundred Dollars ($100.00) per incident.
"Immediate family", as defined herein, means the husband, wife and children.
B. Furthermore, In and pursuant to authority vested in the City of Methuen
by Home Rule and in accordance with the provisions of General Laws, Chapter
90B, Section 33, the use of two, three or four-wheel motor vehicles, as partly
defined in General Laws, Chapter 90B, Section 20 (recreational vehicles), and
more commonly known as dirt bikes, operated in accordance with the above "A"
is hereby prohibited in the City of Methuen to be operated therein within 300
feet of any abutting residential dwelling.
C. The use of said vehicles shall be prohibited between the hours of 8:00 p.m. to 10:00 a.m.
D. Exceptions: The prohibitions defined above shall not be
construed or enforced so as to prohibit the use of said vehicles for the following
purposes:
(1) For use on the property of a commercial farming and/or agricultural operation;
(2) The operation of said vehicle for the purpose of loading and offloading the same from the location where it is regularly stored onto a trailer, vehicle or other legal means of transport to and from said location;(3) The operation of said vehicles by law enforcement and medical emergency personnel.
E. Severability: If any provisions of this ordinance or its application to any person or circumstances is held invalid, such invalidity shall not affect the other provisions or applications of this ordinance which can be given effect without the invalid provisions or application.
(Ord. #454, Eff. November 18th, 1992; as further amended by Ord. #831, Eff. June 17, 2009)
Section 9-92A Motorized Skateboards and/or Motorized Scooters
The following regulations shall apply to the use of motorized skateboards and/or motorized scooters:
(1) Motorized skateboards and/or motorized scooters shall not be operated on any property, private or public, without the expressed consent of the owner or overseer of said property. Evidence of written permission shall be in the possession of the operator of said vehicles and shall be presented upon demand of any police officer or other law enforcement officer. The term "public property" shall not apply to a public way or any part thereof as used in this paragraph unless otherwise specifically stated.
(2) Every person operating a motorized skateboard and/or scooter shall wear protective headgear conforming with such minimum standards of construction and performance as the Registrar of Motor Vehicles prescribes for recreational vehicles. No person operating a motorized scooter and/or skateboard shall permit any other person to ride as a passenger on such scooter and/or skateboard.
(3) No person shall operate a motorized skateboard and/or scooter (a) between sunset and sunrise; (b) earlier than 9 a.m. on weekdays and 10 a.m. on weekends, and (c) nor operate it upon any public way, unless the vehicle and operator are in compliance with the then current Massachusetts General Laws. In any instance the motorized skateboards and/or scooters when traveling together shall ride in a single file and not side by side.
(4) No person shall allow, operate or permit the operation of gas powered or alcohol fueled motorized scooters, gas powered vehicle and/or gas powered motorized skateboards on any public way or public property in the City of Methuen. The term "gas powered vehicle" as used herein means any gas powered vehicle used on public ways that is not required to be registered by an agency of the Commonwealth of Massachusetts. Nothing in this section shall prohibit the use of electric powered scooters, vehicles or skateboards.
(5) Any violation of this ordinance shall be punishable as follows; first offense
a fine of twenty-five dollars ($25.00), second offense a fine of fifty dollars
($50.00), for the third offense a fine of one hundred dollars ($100.00), if
the violation continues beyond the third offense the police may confiscate said
scooter or skateboard. Each day or part thereof shall constitute a new violation.
The fines referenced herein may be sought under the "non-criminal disposition"
provisions of Chapter 17 of this Code. A police officer may upon determining
that a safety issue exists at the time of any offense direct the vehicle to
be towed if so authorized by his commanding officer.
(6) The council in enacting this ordinance is aware of its balanced need to
protect the public convenience and safety while not unfairly depriving the children
of our community from their given right to enjoy life. To satisfy this balance
the council has determined to obtain a periodic report on the ordinance's application.
The Mayor on or before May 30, 2005 is requested to obtain from the police department
a report on the effectiveness and practicality of maintaining the ordinance
in force and effect. The report shall specifically include the following information;
(a) the practicality of enforcing the ordinance and any enforcement problems
identified by the police department, (b) the impact of the ordinance on public
convenience and safety, (c) the number of tickets or warnings issued to violators
and (d) the costs of enforcing the ordinance. The council shall also take into
consideration any actions taken by volunteers to make the operation of the vehicles
identified in this ordinance safer by the establishment of safety training for
such vehicle usage in a program designed and implemented by the volunteers and
approved by the chief.
(Ord. #722, Eff. July 4, 2001; as further amended by Ord. #764, Eff. August 4th, 2003; as further amended by Ord. #776, Eff. July 6th, 2004)
Section 9-92B Banning Gas or Alcohol Fueled Powered Motorized
Mini Bikes, Mini-Chopper Scooters, Motorized Go-Carts From the Public ways of
the City of Methuen
No person shall allow or permit the operator or operation of a motorized gas powered Mini-Bike, a gas powered motorized Mini-Chopper Scooter, a gas powered motorized scooter, a gas powered motorized go-cart and any variation of gas powered equipment related thereto on any public way or public property in the City of Methuen.
Any violation of this ordinance shall be punishable as follows: first offense, a fine of twenty-five dollars ($25.00); second offense, a fine of fifty dollars ($50.00); for the third offense, a fine of one hundred dollars ($100.00). If the violation continues beyond the third offense the police may confiscate said motorized mini bike, mini-chopper scooter, scooter or motorized go-cart. Each day or part thereof shall constitute a new violation. The fines referenced herein may be sought under the "non-criminal disposition" provisions of Chapter 17 of this code.
(Ord. #777, Eff. July 6th, 2004)
Section 9-93. Childsafe Construction Sites
A. Policy
It is the policy of the City of Methuen to create an environment where minor children are not injured by construction equipment.
B. Definitions
The following words, as appearing herein, shall have the following meanings:
"Construction equipment" shall mean motorized vehicles utilized in developing a site for buildings, either residential or commercial. Such equipment shall include, but not be limited to, trucks, bulldozers, backhoes, cranes, front end loaders, graders, tractor-trailers, and like equipment.
"Permitted site" shall mean a site on which construction is occurring under a permit or permits issued by an officer or agent of the City of Methuen.
"Immobilized" shall mean to render a vehicle incapable of ignition by a keying system or other tamper proofing such that a child cannot start and operate the construction equipment.
C. Violation
It shall be a violation for any owner of construction equipment to leave on a permitted site, unattended, said construction equipment which is not immobilized. Any person so violating this provision may be fined One Hundred Dollars per offense, each day or part thereof constituting a new offense.
(Ord. #514, Eff. June 6th, 1994)
Section 9-94. Youth Protection for Curfew for Minors
A. Purpose and Findings
The City Council has found that the incidence of crimes committed by and against minors or juveniles is increasing and has determined that a youth protection curfew ordinance is necessary and desirable in order to:
(1) protect minors from each other and other persons in public places and establishments during nocturnal hours;
(2) assist the police in crime prevention;
(3) promote parental supervision and authority over minors;
(4) protect the public from nocturnal crime and mischief by minors;
(5) promote the furtherance of family responsibility and for the public good, safety and welfare.
B. Definitions
"Curfew hours" means 1:00 A.M. until 5:00 A.M. on any and all seven (7) days of the week.
"Emergency" means an unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"Establishment" means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
"Guardian" means:
(1) a person who, under court appointment, is the guardian of the person of a minor; or
(2) a public or private agency with whom a minor has been placed by the court.
"Minor" means any person under seventeen years of age.
"Operator" means any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
"Parent" means a person who is:
(1) a natural parent, adoptive parent, or step-parent of another person; or
(2) at least eighteen years of age and authorized, in writing, by a parent or guardian to have the care and custody of a minor.
"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, parks, playgrounds, and the common areas of schools, hospitals, apartment houses, office buildings, commercial or industrial buildings, transport facilities, shops and businesses.
"Remain" means to:
(1) linger or stay; or
(2) fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
C. Offenses
(1) A minor commits an offense if he/she remains, either on foot or in a vehicle, in any public place or on the premises of any establishment within the City of Methuen during youth protection curfew hours.
(2) A parent or guardian of a minor commits an offense if he/she knowingly
permits, or by insufficient control, allows the minor to remain, either on foot
or in a vehicle, in any public place or on the premises of any establishment
within the City during youth protection curfew hours.
(3) The owner, operator or employee of an establishment commits an offense if he/she knowingly allows a minor to remain upon the premises of the establishment during youth protection curfew hours.
D. Defenses
(1) It is a defense to prosecution under Section C. that the minor was:
(a) accompanied by the minor's parent or guardian;
(b) on an errand at the direction of the minor's parent or guardian, without any detour or stop;
(c) in a motor vehicle involved in interstate travel;
(d) engaged in an employment activity, or going to or returning home from employment activity, without any detour or stop;
(e) involved in an emergency;
(f) on the sidewalk abutting the minor's residence or abutting the resident of a next door neighbor if the neighbor did not complain to the police department about the minor's presence;
(g) attending an official school, religious or other recreation activity supervised by adults and sponsored by the City of Methuen, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the City of Methuen, a civic organization, or another similar entity that takes responsibility for the minor;
(h) exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
(i) married or had been married and in compliance with the provisions of Massachusetts General Laws, Chapter 207, Sections 7 and 25, as amended.
(2) It is a defense to prosecution under Section C.(3), that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during youth protection curfew hours and refused to leave.
E. Enforcement
Enforcement for violation of this ordinance shall be by arrest or by criminal complaint or by non-criminal disposition as hereinafter provided. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place, or on the premises of an establishment. The officer shall not make an arrest or issue a notice to appear under Section F.(2) for a violation of this ordinance unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense under Section D. is applicable.
F. Penalties
(1) Criminal Disposition
Upon arrest and/or criminal complaint, a person who violates a provision of this ordinance shall be, if so found by the Court, guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted. Each offense, upon conviction, is punishable by a fine not to exceed Three Hundred Dollars ($300.00).
(2) Non-Criminal Disposition
Any person who violates any provision of this ordinance may be penalized by a non-criminal disposition as provided for under Chapter 17 of the Municipal Code and Massachusetts General Laws, Chapter 40, Section 21D, as amended. This ordinance shall be enforced by a police officer of the City of Methuen who shall issue a "Notice to Appear" in Court. The penalty for each violation shall be Fifty Dollars ($50.00) for each day or part of a day during which the violation is committed, continued, or permitted. A copy of the "Notice to Appear" in Court which is given to a minor shall be forwarded to the parent(s) or guardian(s) of said minor for informational purposes.
G. Review and Report
That within six (6) months after the enactment of this ordinance, the Mayor shall review this ordinance and report and make recommendations to the City Council concerning the effectiveness of and the continuing need for the ordinance. The Mayor's report shall specifically include the following information:
(1) the practicality of enforcing the ordinance and any problems with enforcement identified by the police department;
(2) the impact of the ordinance on crime statistics;
(3) the number of persons successfully prosecuted for a violation of the ordinance; and
(4) the City's net cost of enforcing the ordinance.
H. Construction and Severability
Severability is intended throughout and within the provisions of this ordinance.
If any provision, including, inter alia, any exception, part, phrase or term
or the application to any person or circumstances is held to be invalid, other
provisions or the
application to other persons or circumstances shall not be affected thereby.
It is intended that the ordinance would not be applied where its application
would be unconstitutional.
All provisions of the Methuen Municipal Code, as amended, which are consistent with this ordinance, shall continue in effect, but all provisions of said Code inconsistent herewith, are repealed.
(Ord. #563, Eff. March 6th, 1996; as further amended by Ord.
#597, Eff. December 16th, 1996)
Section 9-95. Prohibiting Stockpiling of Snow Near Public
Ways
No business or commercial establishment shall stockpile snow on or adjacent to a public way in such a manner as to cause any of the following conditions to exist:
1) To reduce the sight distance of vehicles which may enter or exit such property or adjacent properties onto the public way.
2) To create an artificial and dangerous condition or an attractive nuisance.
3) To cause a dangerous condition on the public way by means of an icing condition.
4) To cause, during melting, an unsafe condition on the public way due to excessive drainage.
If such stockpiling shall exist, the Director of Public Works, or his agent, shall serve written notice on the owner, directing the condition to be abated by a date certain.
Any person, firm, or corporation refusing to obey such notice shall be subject to a fine of Twenty-Five Dollars ($25.00) per day. Each day, or part thereof, shall constitute a new offense.
(Ord. #581, Eff. October 3rd, 1996)
Section 9-96. Criminal History Background Checks
A. Purpose
The City Council finds that it is necessary and appropriate that any organization, providing recreational or sporting activities for children within the City of Methuen, conduct criminal history background checks of its employees and/or volunteers, who have supervisory or disciplinary control over minors.
The City Council also finds that children are vulnerable to persons having authority over them and that it is important for children to be protected and for parents to be better assured that children participating in recreational or sporting activities are protected.
B. Definitions
As used herein, the words "Child" or "Children" shall mean a person or persons under eighteen (18) years of age.
C. Background Check
Any organization, which provides recreational or sporting activities for children and which employs or uses the services of employees and/or volunteers in positions in which the employee or volunteer has supervisory or disciplinary power over a child or children, shall request, from the Criminal History Systems Board, a criminal history check of each volunteer or employee.
An organization, subject to the provisions of this Ordinance, shall be deemed to have complied with the provisions of this sub-section if the required criminal history checks are submitted to the Criminal History Systems Board by the organization's state or national parent organization.
D. Exemptions
The provisions of this Ordinance shall not apply to: (1) any organization which is licensed under Federal or Massachusetts law and which, as part of the licensing procedure, is required to conduct criminal background checks of employees or volunteers; (2) medical facilities; (3) religious organizations, except in regard to activities that are predominantly recreational or sporting in nature; (4) any organization which is not authorized to receive criminal history checks from the Criminal History Systems Board; and (5) an individual who has, during any calendar year, been background checked by another organization if said other organization posts the cleared individual's name with the Recreation Director.
E. Time of Checks
Background checks must be completed at the time that an employee or volunteer begins to engage in activities regulated by this Ordinance.
F. Required Filings
(1) An organization, which is subject to the provisions of this ordinance,
shall annually, on or before January 15th, file with the Recreation Director:
a. A copy of its written policy and procedure for conducting such criminal history
checks, including provisions to prevent improper disclosure or dissemination
of an individual's criminal history;
b) A statement, signed by the head of the entity or organization, certifying compliance with the provisions of this Ordinance.
(2) An organization, which is subject to the provisions of this Ordinance, shall, annually, at least ten (10) days prior to its first scheduled use of a municipal facility, file with the Recreation Director a statement, signed by the head of the entity or organization, certifying that it has complied with the provisions of Section 9-96, Sub-Section C.
G. Notification
Annually, on or before February 1st, the Recreation Director shall, in writing, provide the Chief of Police and the School Department with:
(1) A list of organizations that have complied with the filing requirements of this Ordinance; and
(2) A list of organizations which are known not to be in compliance with the filing requirements of this Ordinance.
H. Violations and Penalty
An organization which is subject to the provisions of this Ordinance shall be subject to a civil penalty of One Hundred Dollars ($100.00) for:
(1) Failing to make the required annual filing with the Recreational Director;
(2) Failing to conduct a required criminal history check on an employee or volunteer;
(3) Failing, after reasonable notice, to permit the Recreational Director to inspect relevant records for the purpose of determining compliance with the provisions of this Ordinance.
I. Denial of Use of Municipal Facilities
An organization which is subject to the provisions of this Ordinance and which does not comply with all provisions of same shall be denied the use of any municipal facility until in compliance.
J. Awareness Training
Annually, the Recreation Director shall conduct one or more training sessions
to familiarize organizations and the public of the requirements of this Ordinance.
Such training shall include providing suggested (though not mandated) sample
policies, guidelines and forms for use by the organization. Subject to the appropriation
of necessary funding, such training session or sessions shall be advertised
in a newspaper of general circulation in the community.
K. Determination of Employee and/or Volunteer Positions Subject to Required
Background Checks
Recognizing the diverse and changing nature of organizations which may be subject to this Ordinance, the City Council hereby directs and authorizes the Recreation Director to, at least annually, develop reasonable regulations to determine:
(1) Which organizations are subject to the provisions of this Ordinance; and
(2) Which employees or volunteers of such organizations are subject to the requirement of a background check.
In developing such regulations, consideration shall be given to the nature of the activities provided by the various organizations and the specific duties of the various employee or volunteer positions within an organization. Regulations developed under this sub-section shall become effective March 24th, 1997.
(Ord. #599, Effective March 24th, 1997)
Section 9-97. Banning Snowmobiles on Cemeteries, Parks, Playgrounds and School Playgrounds in the City of Methuen
The use of snowmobiles is hereby prohibited in the City of Methuen for operation on the following municipal properties: cemeteries, parks, playgrounds and school playgrounds.
Any person found operating a snowmobile on the foregoing described municipal properties shall be subject to a fine of Three Hundred Dollars ($300.00) per incident.
The City of Methuen shall post this restriction in a convenient location in all cemeteries, parks, playgrounds and school playgrounds of the City of Methuen.
(Ord. #633, Eff. April 1st, 1998)