Article
3.1 Public
Safety
and Good Order
Rubbish
Permit. No person shall, without written permit from the Selectmen,
place or cause to be placed in any public
way or square, any dirt, rubbish, wood, timber or other material of any kind
tending to obstruct such way or square.
Digging
on Public Land. No person shall break or dig up the ground in any public way,
square, or other public place in
the town, or set up any fence, post, tree, edgestone, pavement in any street,
square, or public place in the Town, except
as provided in Chapter 85, Section 4 of the Massachusetts General Laws, without
a permit from the Selectmen.
Littering
of Streets and Ways.
No person shall throw or sweep into, or place, or drop, or suffer to
remain in or on any
street or way, any hoops, boards, or other wood with nails projecting therefrom,
or nails of any kind, shavings, ashes,
glass, hair, manure, rubbish, offal or filth of any kind, or any noxious or
refuse liquid or solid substance.
Railroad
and Auto Overpasses.
It shall be unlawful for any person to leap from or swim under railroad
trestles
or automobile overpasses, except in an emergency or for the making of repairs to
the said structures, boats,
or other equipment. Any Person violating this bylaw shall be subject to a fine
of fifty dollars.
Advertising
on Public Ways. No person shall attach any advertisement, placard, or board
to any
guide post, railings, telephone pole, tree, electric light pole or stones within
any public way.
Signs.
No person shall without authority from the proper officers of the state
or of the Town, place, maintain,
or display upon or in view of any public way any sign, signal or device in
imitation of or resembling an official
traffic sign or signal, or which attempts to direct the movement of vehicles, or
which hides from view or otherwise
interferes with the effectiveness of any lawfully erected traffic sign or
signal. The Chief of Police is directed to
remove any sign, signal or device erected or maintained in any public way in
violation of this section of the bylaw.
Nudity.
No person while in a state of nudity shall bathe in any of the waters of
the Town in a place exposed
to public view or in sight of the occupants of any dwelling or other buildings.
Any person violating this bylaw
shall be subject to a fine of fifty dollars.
Disorderly
Conduct. No person shall behave in a disorderly manner, or use any
indecent or insulting language
in any public place or near any dwelling or other building, or be or remain upon
remain upon any sidewalk to the
annoyance or disturbance of any other person. Any person violating this
Fires.
In case of fire, no person shall interfere with the members of the Fire
Department or remove, injure or in any
manner disturb the machines, hoses, or equipment of the Fire Department, except
as directed by the officer of the
Fire Department in command. The Chief of Police, or in his absence some other
police officer, shall be present at
all fires, for the purpose of enforcing this section of the bylaw.
Emergency
Vehicle Right‑of‑Way.
Upon the approach of any fire apparatus, police vehicle or ambulance
which
has its siren or flashing light in operation, each person driving a vehicle on
the way shall
immediately drive the
vehicle to the right side of
the way
and shall
come to
a complete stop until the emergency vehicle passes.
Operation
of Animals on Public Ways.
Every person driving or riding an animal on a public way shall conform
to,
and shall require such animal to conform to the Rules and Orders of the
Selectmen with respect to the operation of
vehicles upon public ways.
Hitchhiking.
No person shall stand in a public way for the purpose of soliciting a
ride from the operator of any vehicle
not engaged in carrying passengers for hire. Any person violating this bylaw
shall be subject to a fine of fifty dollars.
Junk
Collection. No person shall go from place to place within the Town,
collecting by purchase or otherwise, junk,
old metals and second
hand articles, or deal in or keep a shop for the purpose, sale or barter
of such articles without
a license from the Selectmen.
Junk
Sales. No person, partnership, corporation, or other business entity
shall engage in the business of dealing in junk,
old metals or second‑hand articles of any kind or keep a shop or yard for
the purchase, sale or barter of such articles
unless duly licensed to do so by the Board of Selectmen. A person or business so
licensed shall exhibit the license when
requested to do so by an interested person. The license holder shall keep
detailed written records of every purchase
made in excess of twenty
five dollars ($25.00) made by the license holder. The records shall
include a description of all
merchandise, when purchased, the full name, age, and residency address of the
seller, and the amount of monies paid for
each article purchased. The written records of all purchases shall be kept
daily, maintained in chronological order, and
together with all goods purchased and not yet sold, shall be made available for
inspection at all reasonable times to
law enforcement officers.
Trespassing.
No person except an officer of the Law in performance of his duties,
shall enter upon or remain upon the
premises of or looking into the window, door or other aperture of a house or
structure, in any manner or upon any person
or persons therein. Any person found violating this by
law shall be subject to arrest
without a warrant in accordance with
Chapter 276, Section 28 of the Massachusetts General Laws. Any person violating
this bylaw shall be subject to a fine
of fifty dollars.
Wells.
Every owner of land on which is located any abandoned or active well,
cesspool or filter bed shall either provide
a cover for such well, cesspool or filter bed, capable of sustaining 300 pounds
and well secured, or fill such well, cesspool
or filter bed to the level of the ground. Any person violating any provision of
this bylaw shall be punished by a fine of
not less than $100.00 nor more than $500.00.
Hawkers
and Peddlers. No person, organization, hawker or peddler, other than the
one offering for sale newspapers,
religious publications, ice, flowering plants,
and such flowers, fruit, nuts, and berries as are wild and uncultivated,
shall be permitted to solicit contributions or offer for sale magazine
subscriptions or any goods or services within the
Town of Bourne without first obtaining a license issued by the Board of
Selectmen. The fee for such license shall
be $50.00. No
person, organization, or
hawker or peddler offering for sale newspapers, religious publications,
ice, flowering plants, and such flowers, fruit, nuts and berries as are wild and
uncultivated, shall be permitted to
offer same for sale within the Town of Bourne without first making known his
identity by registering with the Board
of Selectmen. No person, organization, hawker or peddler shall solicit
contributions or offer for sale magazine
subscriptions or goods or services of any kind within the Town of Bourne while
standing in a public way or while
going from house to house unless granted permission to do so by the Board of
Selectmen having fully complied
with the aforementioned licensing or registration requirements.
The Board of Selectmen may adopt, and from
time to time amend and modify, rules and regulations governing the
aforementioned activities which are not
inconsistent with the bylaw, federal law, or the laws of the Commonwealth of
Massachusetts. Any person
violating this bylaw shall be subject to a fine of fifty dollars.
Interference
with Police. Whoever willfully obstructs, interferes with or hinders a
police officer in the lawful
performance of his duty shall be punished by a fine as provided in Chapter 6 of
these bylaws.
Possession
of Alcohol. It shall be unlawful for any person who is not at least
twenty
one years old to consume
or have in his or her possession alcoholic beverages on public highways or in
vehicles thereon or in public places.
Any person violating this bylaw shall be subject to a fine of fifty dollars.
Consumption
of Alcohol. It shall be unlawful for any person to consume alcoholic
beverages on public highways
in vehicles thereon or in public places which are not licensed for such purposes
or for any person other than a
duly licensed distributor, wholesaler, or other duly licensed person to carry
alcoholic beverages into an
establishment duly licensed under Massachusetts General Laws Chapter 138.
Any person violating this
bylaw shall be subject to a fine of fifty dollars.
Camping.
No person shall set up on property, public or private, without permission
of the owner thereof,
or without the permission of the officer, officers or board in control of such
property, a camp, tent, trailer,
mobile home or so
called "camper", or sleep
in the open on any property, public or private, without such
permission, within the limits of the Town of Bourne. Any person found violating
this by
law and who refuses
to vacate the premises upon the lawful request of a police officer, owner or
other person in control of such
property shall be subject to arrest in accordance with Chapter 272,Section 59 of
the Massachusetts General
Laws as amended. Any person violating this bylaw shall be subject to a fine of
fifty dollars.
Loitering.
No person shall saunter or loiter on a street or sidewalk in such a
manner as to obstruct others.
However, this section shall not be construed to curtail, abridge, or limit the
right of any person to exercise
the right of peaceful persuasion guaranteed by Chapter 149, Section 24 of the
Massachusetts General Laws,
or to curtail, abridge, or limit the intent of any statute of the Commonwealth
of Massachusetts.
Disturbances
a.
It shall be unlawful for any person or persons occupying or having charge
of any building or premises or any part
thereof, or any vehicle in the Town, other than that section of any
establishment licensed under Chapter 138 of
Massachusetts General Laws, to cause or suffer or allow any unnecessary, loud,
excessive or unusual noises in
operation of any radio, phonograph or other mechanical sound‑making device
or instrument, or reproducing device,
or in the playing of any band, orchestra, musician, or group of musicians, or in
the use of any device to amplify the
aforesaid, or the making of loud outcries, exclamations or other loud or
boisterous noises, or loud and boisterous
singing by any person or groups of persons, or in the use of any device to
amplify the aforesaid noises where the
noise is plainly audible at a distance of one hundred and fifty
feet from the building, structure, vehicle or premises
in which or from which it is produced. The fact that the noise is plainly
audible at a distance of one hundred and fifty
feet from which the vehicle or premises from which it originates shall
constitute prima facie evidence of a violation
of this bylaw. Any person violating
this bylaw shall be punished by a fine of not more than fifty dollars for each
offense.
b. It shall be unlawful for
any person or persons being present in or about any building, dwelling,
premises, shelter,
boat or conveyance or any part thereof, other than that section of any
establishment licensed under Chapter 138
of the General Laws, who shall cause or suffer or countenance any loud,
unnecessary, excessive, or unusual noises,
including any loud, unnecessary, excessive or unusual noises in the operation of
any radio, phonograph or other
mechanical sound
making device, or instrument or reproducing device or instrument or in
the playing of any band,
orchestra, musician, or group of musicians, or the making of loud outcries,
exclamations or other loud or boisterous
noises, or loud and boisterous singing by any person or
group of persons, or in the use of any device to amplify
he aforesaid noise where the aforesaid noise is plainly audible at a distance of
one hundred and fifty feet from the
building, dwelling, premises, shelter, boat or conveyance in which or form which
it is produced. The fact that the
noise is plainly audible at a distance of one hundred fifty feet from the
premises from which it originates shall
constitute prime facie evidence of a violation of this by‑law. Any person
shall be deemed in violation of this
bylaw who shall make or aid, or cause, or suffer, or countenance, or assist in
the making of the aforesaid and
described improper noises, disturbance, breach of the peace or a diversion
tending to a breach of the peace,
and the presence of any person or persons in or about the building, dwelling,
premises, shelter, boat or
conveyance or any part thereof during a violation of this by‑law shall
constitute prima facie evidence that
he is a countenancer to such violation. Any person violating this bylaw shall be
subject to a fine of fifty dollars.
Mechanical
Protection Devices.
a. It shall be unlawful to
install a mechanical protection device that is automatically keyed to and/or
activates
the telephone (numbers) lines controlled by and/or listed to the Bourne Police
Department; all such devices installed
before the effective date of this section shall be defined as: An electrically
operated instrument composed of sensory
apparatus and related hardware which automatically sends over regular telephone
lines, by direct connection or otherwise,
a pre-recorded voice alarm upon receipt of a stimulus from the sensory
apparatus that has detected a physical force or
condition inherently characteristic of a fire or unauthorized intrusion.
b. No person or business
shall have an alarm system that notifies the Bourne Police Department by means
of a
dedicated or a non-dedicated telephone line, recorded device, or other means, without first
completing an alarm
application form prescribed by the Chief of Police or his designee.
c. An alarm system for
either a residential or commercial building that utilizes and audible device
that is detectable
outside of the building, shall be equipped with an automatic shut-off that will silence the audible device after no
more than thirty (30) minutes of the activation of the alarm system.
d. A user of an
alarm system who has recorded more than three (3) false alarm within a calendar
year shall be
subject to a fine of fifty ($50.00) dollars for each false alarm commencing with
the fourth such occurrence.
Beach
Rules and Regulations.
The use of Town operated bathing beaches and facilities shall be subject
to the
following rules and regulations:
a. Lifeguards and
police officers of the Town shall enforce the rules and regulations pertaining
to the beaches
of the Town of Bourne.
b. No person shall
interfere with or resist a lifeguard
in the discharge of his duties.
c. No child under
nine years of age, unless accompanied by a person over fourteen years of age,
shall be permitted
in the water at the beach.
d. Animals of any
kind shall not be brought upon a beach nor be permitted thereon.
e. Fishing,
boating or water skiing within one hundred and fifty feet of a bathing facility
is prohibited.
f. Swimming
beneath town rafts or piers and their extensions is prohibited.
g. Fires or
charcoal grills are prohibited.
The
Board of Selectmen may adopt further rules and regulations in accordance with
the Massachusetts General Laws,
particularly Chapter 40, Section 12. Any person violating this bylaw shall be
subject to a fine of fifty dollars.
Yard, Garage and/or Barn Sales
a.
Such
sales are defined as the sale, or offering for sale, ten (10) or more items of
personal property at any one
residential premise at any time; excluding such sales as may be conducted by a
bona fide charitable organization,
religious or fraternal society or other tax exempt organization.
b.
Unless
specific written authorization is given by the Board of Selectmen, not more than
two (2) such sales shall
be held on anyone residential premises in each calendar year nor more than one
(l) such sale in any period of
three (3) consecutive months, and any such sale shall not continue for more than
two (2) consecutive days.
c.
As
a condition precedent to any such sale, written permission for the holding of
said sale must be secured from
the Board of Selectmen at least three (3) days prior thereto.
Use
of Vehicles on Public Land.
No person, without permission or lawful authority, shall enter upon
public land
of the Town of Bourne other than the
public ways and established ways, whether or not such land be posted against
trespass, if in so entering such public land such person makes use of or has in
his immediate possession or control
any vehicle, machines, or device which includes an internal combustion engine or
other source of mechanical power.
This Section may be enforced by Police or Natural Resource Officers in
accordance with the non‑criminal violation
procedures as outlined in Section 6.1.2 of the Town Bylaw and any person found
to be violating the provisions of this
bylaw shall be subject to a fine of $50.00.
Temporary
Repairs of Private Ways.
The Town may make temporary repairs on private ways which have been open
to public use. Such repairs shall include the filling of holes in the subsurface
of such ways and repairs to the surface
materials thereof and installation and construction of drainage, if deemed
necessary by the Highway Surveyor.
Materials for such repairs shall, where practical, be the same, or similar to,
those used for the existing surfaces
of such ways, and may include construction, surfacing or resurfacing of such
ways with bituminous materials. Said
repairs shall be undertaken only if petitioned for by the abutters who own at
least 50% of the lineal footage of such
way and only if the Board of Selectmen shall declare that said repairs are
required by the public necessity and
convenience. The cost of such repairs shall be paid by the abutters by a cash
deposit or by betterment assessment
as hereinafter provided, and no work shall commence unless and until such cash
deposit in the amount of the
estimated cost of such repairs as determined by the Highway Surveyor to do the
work is paid over to the Town or
the Board of Selectmen have made a determination that betterments will be
assessed. If the Selectmen determine
that betterments will be assessed, the Selectmen shall assess betterments upon
the owners of estates which derive
particular benefit or advantage from the making of such repairs on any such
private way. Such assessment shall be
a sum equal, in the aggregate, to the total cost of such repairs and, in the
case of each such estate, in proportion to
that frontage thereof of such way. Except as
otherwise provided, the provisions of Chapter 80 of the General Laws
relating to public improvements and assessments therefor shall apply to repairs
to private ways ordered to be made
under this section; provided, that no assessment amounting to less than twenty‑five
dollars shall be apportioned
and no assessment may be apportioned into more than five portions.
Before any work commences, the Town shall be
held harmless on account of any damages whatever caused by such repairs by
agreements executed by the abutters
who petitioned therefor.
Licensing and Control of Dogs
a.
Licensing:
Except as may otherwise be provided by
law, all owners or keepers
of dogs over six (6) months
of age within the Town of Bourne must obtain from the Town Clerk annually
between January 1st and June 30th
for each year, an annual dog license and pay an annual license fee to the Town
as required by law. The owners or
keeper of a dog licensed pursuant to this section shall cause the dog to wear
around its neck a collar to which shall
be securely attached a tag issued by the Town Clerk, and if any such tag shall
be lost, the owner/keeper of such dog
shall forthwith secure a substitute tag from the Town Clerk.
Any person found violating the licensing provision of
this section shall be subject to a fine of $50.00.
b.
Control
Provisions. (Leash Law) It
shall be unlawful for any owner or keeper of a dog or dogs to allow such dog(s)
to be outside the property of the owner or keeper unless such dog(s) is securely
restrained with a collar and leash and
under the direct control and supervision of the owner/keeper or his or her duly
authorized agent with the following exceptions:
1.
Unleashed
dogs may be on the premise of another person with the knowledge and permission
of such other person.
2.
The
leash law requirement shall not apply to those persons that are training or
using hunting dogs provided that
aid dog
(s) are under voice control and under
the direct supervision of the owner/keeper or duly authorized agent
while being used for this purpose.
Any
person found to be in violation of the provisions stated herein shall be subject
to a
fine of $50.00.
c.
Removal
of Excrement. It shall be unlawful for any
person to appear
with a dog upon the public ways,
within public places or upon the property of another, absent that person's
consent, without some means of
removal of excrement; nor, shall any person fail to remove any excrement
deposited by such dog. This section
shall not apply to a blind person while walking his or her guide dog. Any person
found to be in violation of this
provision shall be subject to a fine of twenty
five dollars ($25.00)
d.
Dogs
on Bathing Beaches. It shall be unlawful for any person to allow their dog(s) on any public
beach.
A public bathing beach is defined as a Town owned beach. This section
shall not apply to a service dog.
The definition of a service dog is a dog individually trained to assist the
handler to perform tasks for the
benefit of an individual with a disability, including but not limited to guiding
individuals with impaired vision,
alerting hearing impaired, or other assistance. This section will be enforced
from May 1 until October 15.
e.
Non
Criminal Violation Procedure.
The non‑criminal violation procedures of Section 6.1.2 of the
Town of Bourne Bylaws maybe used
for the enforcement of the provisions of this Bylaw.
f. Dog Licensing Fees: Fees for licensing of dogs shall be as follows:
| Spayed Female / Neutered Male | $7.00 |
| Male Dog | $10.00 |
| Female Dog | $10.00 |
| Duplicate License | $1.00 |
| Certified Guide Dogs | No fee |
On or before June 15 of each year, the
Town Clerk shall notify the owner or keeper of any unlicensed dog
of the requirement to license the dog. Any owner or keeper who fails to
obtain a license by June 30 of each
year shall be subject to an additional charge of $5.00 for any dog licensed
after June 30. This subsection shall
be enforced by an Dog Officer or any Police Officer of the Town.
g. Kennel License
a) The owner or keeper of a dog kennel within the Town of Bourne must be
renewed annually by January 1 of each year.
b) Annual
Fee: Each license for a kennel shall be $50.00 if four (4) dogs
or less are kept in said kennel; $75.00 if more than four (4) but not
more than nine (9) dogs are kept in said kennel; $150.00 if ten (10) or
more are kept in said kennel.
c) Substitute
Kennel License Tag: the fee for a substitute kennel
license tag shall be $1.00.
d) Charitable
Kennels: The Town Clerk shall, upon application, issue
without charge a kennel license to any domestic charitable corporation
incorporated exclusively for the purpose of protecting animals from
cruelty, neglect, abuse and/or for the relief of suffering among animals.
h. Vaccination against Rabies. Whoever is the owner or keeper
of a dog in the Town of Bourne, six (6) months of
age or older, shall cause such dog to be vaccinated against rabies by a licensed
Veterinarian. Such rabies tag,
issued by the Veterinarian shall be affixed to the collar of said
dog. The owner/keeper of the dog shall present
certification of rabies vaccination upon demand of a Dog Officer, Natural
Resources Officer, Police Officer, or
any other authorized Officials of the Town. Any violation of the
provisions of this section shall be subject to a
fine of fifty dollars ($50.00) for each offense.
i. Barking / Howling Nuisance.
No person owning, keeping or otherwise responsible for a dog, shall allow or
permit said dog to annoy another persons reasonable right to peace or privacy by
making a loud noise. where
such noise is plainly audible at a distance of one hundred fifty (150) feet from
the building, premises, vehicle
or conveyance housing said dog, and such noise is in excess of ten (10)
minutes. The fact that such noise is
plainly audible at said distance in excess of ten (10) minutes shall be prima
facie evidence of a violation.
Any violation of the provisions of this section shall be subject to a fine of
fifty dollars ($50.00) for each offense.
j. Banned or Removed Dogs
Dogs "banned" or "removed" from another Town or Municipality
may not be
relocated to or permitted to be kept within the Town of Bourne.
k. Cruelty and Negligence It
shall be unlawful to abuse any animal; deprive it of food, drink, shelter, a
sanitary environment, or protection from the weather; inflict cruelty as set
forth in Chapter 272, Section
77 of Massachusetts General Laws. Any violation of the provisions of this
section shall be subject to a
fine of fifty dollars ($50.00) for each offense.
Fees
for Certain Licenses Regulated.
The following license fees are hereby established under
authority of Chapter 351 of the Acts of 1981.
|
Cl |