CHAPTER 11
Section 1 Definitions.
For the purpose of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. In the event that any of these terms are defined in the Town Charter, the definition in the Charter shall control. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
1.1.
“Aircraft” is any contrivance , whether manned or unmanned, now known or hereafter invented, used or designed for navigation or for flight in the air.
1.2.
“Handbill”:
(a) A “Commercial Handbill” is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any manner of literature:
(1) which advertises for sale any merchandise, product, commodity, or thing; or
(2) which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or
(3) which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order: or
(4) which, while containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit, profit or gain of any person so engaged as advertiser or distributor.
(b) A “Noncommercial Handbill” is any printed or written material not included in the aforesaid definitions of Commercial Handbill or Newspaper.
1.3.
“Litter” is all waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare, including without limitation:
(a) “Garbage” which is putrescible animal, vegetable, or other wastes resulting from the handling, preparation, cooking and consumption of food;
(b) “Refuse” which is all putrescible and non-putrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles or trucks, and solid market and industrial wastes; and
(c) “Rubbish” which is non-putrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
1.4.
“Newspaper” is any printed publication of general circulation issued daily, weekly or monthly consisting of sheets of paper containing news, featured articles, advertisements and correspondence. Such newspapers shall include newspapers as defined by general law; and, in addition thereto, shall mean and include any periodical or magazine regularly published and distributed to the public.
1.5.
“Park” is a reservation, playground, beach, recreation center or any other public area in the Town, owned, used or operated by the Town and devoted to recreation or conservation.
1.6.
“Person” is any individual, firm, partnership, association, corporation, company or organization of any kind.
1.7.
“Private Premises” is any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential or commercial purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building or other structure.
1.8.
“Public Place” is any property owned or operated by the Town or other political subdivisions of the Commonwealth, including but not limited to all streets, sidewalks, gutters, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
1.9.
“Receptacles”:
(a) “Private Receptacle” is a container such as a trash barrel, dumpster, or other lawful conforming structure for litter storage that is owned by an individual or business;
(b) “Public Receptacle” is a container such as a trash barrel, dumpster, or other lawful conforming structure for litter storage that is owned or operated by the Town.
Section 2 Litter in Public Places Prohibited.
Section 3 Placement of Litter in Receptacles to Prevent Scattering.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any public place or upon private property.
Section 4 Sweeping or Mechanical Blowing of Litter into Public Places Prohibited.
No person shall sweep or blow, as with a leaf blower, litter into any public place.
Section 5 Merchants Duty to Keep Sidewalks Free of Litter.
Persons owning or occupying places of business within the Town shall keep the sidewalk in front of their business premises free of litter.
Section 6 Litter Thrown by Persons in Vehicles Prohibited.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Town, or upon private premises.
Section 7 Vehicles Causing Litter Prohibited.
No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed, loaded or covered in such a way as to prevent any litter from being blown onto public places or private premises. Further, commercial waste haulers transporting litter must be duly licensed and permitted to transfer litter in accordance with the provisions of the general laws of the Commonwealth and the rules, regulations, and bylaws of the Town.
Section 8 Litter in Parks Prohibited.
No person shall throw or deposit litter in any park within the Town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements. Where public receptacles are not provided or are at capacity, all litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein.
Section 9 Litter in Lakes and Fountains Prohibited.
No person shall throw or deposit litter in any fountain, pond, lake, stream, river, reservoir or any other body of water anywhere within the Town.
Section 10 Throwing or Distributing Commercial and Noncommercial Handbills in Public Places Prohibited; Exception.
No person shall throw, deposit, distribute or sell any commercial or noncommercial handbill in public places. Distribution of non-commercial handbills is permitted only if done so without charge and the intended recipient is willing to accept them.
Section 11 Placing Commercial and Noncommercial Handbills on Vehicles Prohibited.
Placing or depositing any commercial or non-commercial handbill on vehicles is prohibited. However, handing a non-commercial handbill directly to a vehicle occupant willing to accept it is allowed.
Section 12 Depositing Commercial and Noncommercial Handbills on Uninhabited or Vacant Private Premises Prohibited.
No person shall throw or deposit any commercial or non-commercial handbill in or upon any private premises which are temporarily or continuously uninhabited or vacant.
Section 13 Distribution of Handbills on Private Premises Prohibited Where Properly Posted.
Handbill distribution is prohibited on private premises where the owner or occupant has posted a sign, such as “No Trespassing,” “No Solicitation,” or similar notice, indicating that the occupants of said premises do not desire to have their privacy disturbed or to have handbills left upon their private premises.
Section 14 Distributing Commercial and Non-commercial Handbills at Inhabited Private Premises Restricted; Exemption.
Handbills may only be distributed to inhabited private premises that are not posted with a restriction, such as “No Trespassing,” “No Solicitation,” or similar notice, by (a) directly handing them to an occupant of the private premises, or (b) leaving them at the private premises in such a manner that prevents them from being scattered by the elements. Distribution of handbills in mailboxes is prohibited by federal postal regulations.
14.1. Exemption for Mail and Newspapers.
The provisions of this section shall not apply to the distribution of mail by the United States, nor to newspapers (as defined herein) except that newspapers shall be placed on private premises in such a manner as to prevent their being scattered by the elements upon any public place or private premises.
Section 15 Dropping Litter from Aircraft Prohibited.
No person in or operating any aircraft shall throw, drop, dump or deposit within the Town any litter, handbill or any other object.
Section 16 Posting Notices Prohibited.
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized by notice, advisory or order from the Town or as required by law.
Section 17 Litter on Private Premises Prohibited.
No person shall throw or deposit litter on any private premises within the Town, whether owned by such person or not, except that the owner or person in control of private premises may maintain authorized private receptacles in such a manner that litter will be prevented from being carried by the elements or deposited upon any public place or upon any private premises.
Section 18 Owner to Maintain Private Premises Free of Litter.
The owner or person in control of any private premises shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in private receptacles for collection of litter.
Section 19 Litter on Vacant Private Premises Prohibited.
No person shall throw or deposit litter on any open or vacant private premises within the Town, whether owned by such person or not, unless duly licensed by the Board of Health under applicable provisions of the general laws of the Commonwealth or bylaws of the Town.
Section 20 Clearing of Litter from Open or Vacant Private Premises by the Town.
20.1. Notice to Remove.
The Board of Health is hereby empowered to notify the owner of any open or vacant private premises within the Town, or the agent of such owner, to properly dispose of litter located on such owner’s property, which tends to be dangerous to the public health, safety or welfare, or the Board of Health may proceed to abate a nuisance as defined and provided by M.G.L. c. 111 as amended. Such notice shall be by registered mail or certified mail, addressed to said owner at his last known address or such notice may be served upon such owner or agent by a constable or other legal officer as provided by law, and authorized to serve such process.
20.2. Action Upon Noncompliance.
Upon the failure, neglect or refusal of any owner or agent so notified, to properly dispose of litter that tends to be dangerous to the public health, safety or welfare, within twenty four (24) hours, or within such other time as the Board of Health deems reasonable, after receipt of such written notice provided for in sub-section 20.1 preceding, or within fifteen (15) days after the date of such notice in the event the same is returned to the Town post office department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner or agent, the Board of Health, or its designated agent, is hereby authorized and empowered to pay for the disposing of such litter or order its disposal by the Town.
20.3. Charge Included in Tax Bill.
When the Town has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of fourteen percent (14%)[1] per annum from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the owner of such property on the next regular tax bill forwarded to such owner by the Town and said charge shall be due and payable by said owner at the time of payment of such bill. And such claim for the expense by said Board of Health or Town in so doing shall constitute a debt due the Town upon the completion of the work and the rendering of an account thereof to the owner, and is recoverable from such owner in an action of contract, together with interest thereon at the rate of fourteen percent (14%) per annum from the date said debt becomes due and payable.
[1] Art 15 of the 1984 Fall Town Meeting increased the interest rate in the first and second sentences from 6% to 14%.
20.4. Recorded Statement Constitutes Lien.
Where the full amount due the Town is not paid by such owner within thirty (30) days after the disposal of such litter, as provided for in subsections 20.1 and 20.2 of this bylaw, then, and in that case, the Board of Health or Town may cause to be recorded, in the registry of deeds, a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which said work was done. The recording of such sworn statement shall constitute a lien on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection, until final payment has been made. Said costs and expenses shall be collected in the manner fixed by law for the collection of taxes. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law. Such lien may be dissolved by filing with the register of deeds for record or registration, as the case may be, in the county or district, if the county is divided into districts, where the land lies, a certificate from the collector of taxes of the Town that the debt for which the lien attached, together with interest and costs thereon, has been paid or abated. Such collector shall have the same powers and be subject to the same duties with respect to such claim as in the case of the annual taxes upon real estate; and the provisions of law relative to the collection of such annual taxes, the sale or taking of land for the nonpayment thereof, and the redemption of land so sold or taken shall apply to such claim.
Section 21 Penalties. [1]
21.1. Whosoever violates any provision of this chapter or any rule or regulation of the Board of Health concerning the subject matter of this bylaw shall be penalized by a criminal complaint brought in the district court or by a noncriminal disposition pursuant to M.G.L. c. 40, § 21D.
21.2. Any person who upon application of criminal complaint brought in the district court and found guilty of a misdemeanor shall be fined in an amount not to exceed three hundred dollars ($300.00). Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
21.3. Any person who is penalized by a noncriminal disposition brought pursuant to the provisions of M.G.L. c. 40, § 21D, shall be subject to a specific penalty of 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. Violations of this section may be enforced by any member of the Board of Health, health director, inspector agent or other enforcing person as defined by the rules or regulations of the Board of Health.
[1] Superseded by 11/7/85 Art 22; replaced the language of Section 21 with that shown.
