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(Adopted Nov. 16, 1959 59STM1)
(Reenacted April 8, 1996 96ATM33)
(Amended April 12, 2004 04ATM46)
(Amended April 11, 2005 05ATM34)
(Amended November 1, 2005 05STM10)
Section 1. Second–Hand Businesses Regulated
a.) No person shall keep a shop for the purpose of sale or barter of junk, old metal or second–hand articles or be a dealer therein, without first having obtained a license therefor from the Board of Selectmen. Every licensee shall put, in some suitable and conspicuous place in the shop, a sign having the licensee s name and occupation legibly inscribed thereon in large letters.
Every such shop and all articles of merchandise therein may at all times be examined by the Board or by a person authorized by them to make such examination; and no licensee shall, directly or indirectly, either purchase or receive by barter or exchange, any articles subject to license under this section from a minor person the licensee knows or has reason to believe is under the age of eighteen years; and no article purchased or received shall be sold within one week from the date of its purchase or receipt.
b.) Any person who shall collect junk, old metal, rags, paper or second–hand articles with or without the use of any vehicle shall be licensed by the Board of Selectmen and shall wear a badge bearing the licensee s name and license number in such form as the Board shall prescribe.
c.) Every person licensed under this section shall keep a record of every acquisition of any such article, a description thereof, the name, age and residence of the person from whom and the day and hour when it was acquired. Such record shall at all times be open to inspection by the Board of Selectmen or by a person authorized by them to make such inspection.
d.) Every vehicle of any nature used for the collection of junk, old metal, rags, paper or second–hand articles shall be licensed for that use by the Board of Selectmen and shall have the name of the owner and the number of the license placed upon the outside, and upon each side thereof, in plain legible words and figures of not less than one and one–half inches (1½") in size in such manner that the same may be distinctly seen. The person in whose name a license is taken out for any such vehicle shall be considered the owner of the same until such license is surrendered.
97ATM45 TR 42: Section 1 rewritten to incorporate former sections 1-6.
(Section 2. Vehicles Used for Collection of Second–Hand Articles to be Licensed)
97ATM45 TR 42: Section deleted.
(Section 3. Collector of Second–Hand Articles to be Licensed)
97ATM45 TR 42: Section deleted.
(Section 4. Second–Hand Transactions to be Recorded)
97ATM45 TR 42: Section deleted.
(Section 5. Second–Hand Shops to Display Name of Dealer)
97ATM45 TR 42: Section deleted.
(Section 6. Second–Hand Shops to be Inspected; No Purchases from Minors)
97ATM45 TR 42: Section deleted.
Section 7. Posting of Circulars on Public Ways and Private Premises Regulated
No person, by himself, his agents, servants or employees, shall deposit or place in or upon any street, square, park, common, lane, alleyway or other public way in the Town any placard, handbill, flyer, circular or paper of any kind whatsoever, without having first obtained permission so to do from the Chief of Police, said permission to be on condition that the materials be removed within a reasonable time. The Chief of Police shall determine such reasonable period of time. No person, by himself, his agents, servants or employees shall distribute, deposit or place any such material in or upon or inscribe any figures, words or devices in or upon, any private premises without permission of the owner; provided, however, that such material may be placed within the doors, offices and business houses and at the doors of residences.
96ATM33 TR 30: Second sentence amended by inserting the word "however" after the word "provided".
Section 8. Posting of Circulars on Vehicles Regulated
No person, by himself or his agents, servants or employees shall deposit or place in or upon any vehicle parked in any public way in the Town any placard, handbill, flyer, advertisement, circular or paper of any kind whatsoever without the permission of the owner of the vehicle.
96ATM33 TR 30: Amended by adding at the end of the sentence the words "of the vehicle".
Section 9. Moving of Buildings on Public Ways Regulated
The Selectmen, before granting a written permission to move a building in any public street or way in the Town shall ascertain if the destruction or injury of any shade or ornamental tree, shrub, or any fixture of ornament or utility, standing in a street, way or enclosure adjoining the same, will be caused thereby, and if in such case, in the opinion of the Selectmen, such permission should be granted they may require the person applying to give satisfactory security to any person owning such trees, shrubs, or fixtures to indemnify him for any damage caused as aforesaid, before giving such permission.
Section 10. Firecrackers, Discharge of Firearms Prohibited
No person shall at any time fire India crackers, torpedoes, or other explosive articles, or discharge any firearms, cannon or swivel in any street or way, or near any dwelling house, except in performance of some legal duty.
Section 11. Indecent, Disorderly Conduct Prohibited on Public Ways
No person shall behave in any indecent or disorderly manner, or use profane, indecent or insulting language in any public place or on any sidewalk or street in the Town, to the annoyance or disturbance of any other person there being or passing in a peaceable manner.
(Section 12. Obstructing Public Foot Passage Prohibited)
96ATM33 TR 30: Reenacted. Section deleted and disapproved by Attorney General, 9/11/96.
Section 13. Defacing, Destroying Lawful Notice Prohibited
No person shall willfully or maliciously deface or tear down any bill, placard or notice, posted for a lawful purpose except the same be affixed to premises owned by him or under his control.
Section 14. Loitering on Stoops, Walls Prohibited
No person shall be or remain upon any doorstep, portico, or other projection from any house or building or upon any wall or fence on or near any street or public place after being requested by any occupant of the premises or by any constable or police officer to remove therefrom.
Section 15. Sledding on Pubic Ways and Places Regulated
No person shall coast upon any sled or sleds upon any sidewalk or any street or public place except upon such streets or places as the Selectmen may by public notice designate for such purposes.
Section 16. Dangerous Conduct on Public Ways Prohibited
No person shall kick a football, play ball, play at any game at which a ball of any kind is used, fly kites or throw snowballs in any manner so as to endanger the public health, safety or welfare on any public way of the town, nor shall any person throw stones, sticks or other dangerous missiles, or shoot with bows and arrows or any air gun, or willfully frighten any domestic animals on any public way of the town.
97ATM47 TR 43: Section rewritten to permit ballplaying that does not endanger public.
Section 17. Placing Trash, Chemicals Upon Public Way Prohibited
a.) No person shall throw, deposit, sweep or abandon upon any public way or any property owned by or under the control of the town any ashes, dirt, rubbish, filth, refuse, chemicals or waste matter of any kind, nor any animal or vegetable substance nor any noxious matter. No person shall willfully tip over or upset the contents of any box or barrel containing ashes, house dirt, or rubbish of any kind upon any public way. Any violation of this paragraph shall be punishable by a fine of three hundred dollars ($300).
b.) No person shall rake leaves or other yard materials into any street or way of the Town of Dedham, or cause such leaves or any other yard materials to be placed in any such street or way. Violation of this paragraph shall be punishable by a fine of fifty dollars ($50.00).
96ATM70 TR 66: Amended to extend to all public property and to set the fine.
97ATM52 TR 45: Amended to incorporate former section 48.
04ATM46 TR 157: Identify paragraph 1 as sub-section a) and add the words “chemicals” after the word “refuse,” and identify paragraph 2 as sub-section b)
Section 18. Indecent Exposure, Graffiti Prohibited
No person shall make any indecent figures or write any indecent or obscene words upon any fence, building or structure in any public place, or wantonly expose his naked person to the view of other persons then and there passing or being in any street or public place, or in or near any dwelling house, or commit a nuisance upon any sidewalk or against any tree, building or structure adjoining the same.
Section 19. Keeping of Swine Regulated
No person shall keep or maintain any swine within the limits of the Town of Dedham, except in accordance with a permit from the Board of Health.
Section 20. Slaughter Houses, Piggeries Regulated
No person shall keep or maintain within the limits of the Town of Dedham, a slaughter house, piggery or any other structure which is dangerous to the public health of the inhabitants, or injurious to their comfort or the enjoyment of their estates, except in accordance with a permit from the Board of Health.
Section 21. Trash Collectors To Be Licensed; No Land To Be Filled With Rubble
No person, unless properly licensed or pursuant to a contract with the town for rubbish removal, shall carry for hire in any vehicle through any public street or way within the limits of Dedham, any ashes, waste paper, rubbish, house dirt, or other refuse material from dwelling houses or other buildings. The fee for each of said licenses shall be as set forth in Chapter 29 and the duration thereof shall not exceed one (1) year from the date thereof, subject to revocation by the licensing authority at any time.
The place of deposit of any material transported under such license shall be designated by the Board of Health. No person shall fill any land in the Town of Dedham with rubble or debris taken from demolished buildings, whether or not said buildings have been demolished in Dedham or elsewhere.
71ATM38 TR 125: Fourth sentence added: "No person . . . or elsewhere".
97ATM48 TR 44: First two sentences rewritten to exempt the town’s contracted rubbish collector and to increase the fee from $0.50 to $10.
04ATM46 TR 157: In paragraph one, delete the words “ten dollars ($10)” and replace with the words “as set forth in Chapter 29”
Section 22. Parades, Performances in Public Ways Regulated
No person shall play or perform on any musical instrument, or sing, parade or march in any public way or public place, except in connection with a funeral, without the written permit of the Selectmen.
Section 23. Evading Taxi, Bus Fare Prohibited
No person shall evade the payment of a fare for the engagement of a vehicle for hire.
Section 24. Trespassing, Peeping Toms Prohibited
No person shall enter upon the premises of another for the purpose of committing any wanton or malicious act, nor for the purpose or with the intention of invading the privacy of another by peeping into windows of a house or spying upon any person or persons resident therein.
Section 25. Bonfires in Public Ways Regulated
No person shall make a bonfire in any public way or public place without first having obtained in writing the permission of the Chief of the Fire Department.
Section 26. Fires, Transport of Inflammable Materials on Public Ways Prohibited
No person shall set fire to or burn, or cause to be moved through any way or street of the Town, any waste material, paper, wood or any inflammable substance on any wagon, cart, buggy, push–cart or on any vehicle, with the intention of setting fire to or burning same on any way or street of the Town.
(Section 27. Gaming in Public Ways and Places Prohibited)
97ATM49 TR 44: Section deleted.
Section 28. Willful Destruction of Public Property Prohibited
No person shall willfully deface or injure any public playground, planting space, flower bed, grass, border, guidepost or guideboard, official sign, post, or signaling device for the direction of traffic, lamp–post or lamp or lantern, or any building, fence, or monument, or other thing situated, erected or made for the use or ornament of the Town.
Section 29. Climbing Trees in Public Ways and Places Regulated
No person except an employee or sub-contractor of the Town or an employee of a utility company shall climb any tree on any public way or in any public place in the Town without having first obtained permission so to do from the Chief of Police.
04ATM46 TR 157: Add the words “or sub-contractor” after the word “employee” and replace the words “of a telephone, telegraph or electric light company” with the words “an employee of a utility company”
Section 30. Tampering with Public Drinking Fountain Prohibited
No person shall place on or in any drinking fountain, trough or basin of water set up or established in any public way or other public place for the use of man or beast, any dirt, stone, ashes, rubbish, or other material; nor shall any person unnecessarily waste or use the water in such drinking fountain, trough or basin.
Section 31. Discharge of Firearms Regulated
No person shall fire or discharge any gun, fowling–piece, or firearm within two hundred (200) feet of any street in the Town of Dedham or on any private grounds, except with the consent of the owner thereof; provided, however, that this section shall not apply to the use of such weapons at any military exercise or in the lawful defense of the person, family, or property of any citizen.
96ATM33 TR 30: Amended by replacing "this by-law" with "this section".
Section 32. Soliciting Money in Public Ways, Door–to–Door Regulated
No person shall solicit money on any public way or other public place, or go from house to house for the purpose of soliciting money, or sell any tag, badge, or other article of any intrinsic value for the purpose of obtaining money, without first having obtained permission so to do from the Chief of Police.
Section 33. Sales Booths in Public Ways and Places Regulated
No person shall place or keep any table, stall, booth, cart or other structure in any public way or other public place in the Town or upon any sidewalk, for the sale of food, fruit, merchandise or other thing, without permission first being obtained from the Chief of Police.
Section 34. Riding Horse on Sidewalk Prohibited
No person shall ride a horse upon any sidewalk of the Town.
Section 35. Possession of Toy Pistols on Public Ways Prohibited
No person shall have in possession any toy pistol, cap pistol or device for throwing missiles of any kind, with intent to use the same to the injury of persons or property, nor display such so as to disturb the peace or endanger the public health, safety or welfare upon any public way of the Town.
97ATM50 TR 44: Section rewritten.
Section 36. Obstruction of Passage on Public Ways Prohibited
No person shall place or cause to be placed in any public way of the Town any vehicle or anything whatsoever so as to obstruct a free passage of travelers. No person shall allow any property for which he is responsible to remain in any public way more than twenty–four (24) hours after being notified by a Police Officer or Code Enforcement Officer to remove it, except that nothing herein contained shall be construed to prevent the use of the streets and sidewalks for building purposes upon obtaining a permit as provided in applicable laws of the "Building Code".
04ATM46 TR 157: Delete the words “the Superintendent of Streets or by” and after “Police Officer” add the words “or Code Enforcement Officer”
Section 37. Throwing Snow on Cleared Way Prohibited
No person shall lay, throw, or place, or cause to be laid, thrown or placed, any ice or snow on that portion of any street within the Town which has been cleared or ploughed for travel.
Section 38. Leakage of Liquids During Transport on Public Ways Prohibited
No person shall transport any liquid, substance or material of any kind in any vehicle on any street within the Town in such a manner that such liquid, substance or material leaks, overflows or falls from such vehicle onto such streets.
Section 39. Abandonment of Vehicles; Disposition of Non–Operating Vehicles
a.) The following definitions shall apply in the interpretation and enforcement of this section:
1. "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
2. "Vehicle" shall mean a machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners, or slides and transport persons or property or pull machinery, and shall include without limitation, automobile, truck, trailer, motorcycle, tractor, moped and motorized scooter.
04ATM46 TR 157: In section a) sub-section 2, delete the word “buggy” and replace with the word “moped” and delete the word “wagon” and replace with the words “motorized scooter”
3. "Street or highway" shall mean the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
4. "Property" shall mean any real property within the Town which is not a street or highway.
b.) Abandonment of Vehicles. No person shall abandon any vehicle within the Town and no person shall leave any vehicle at any place within the Town for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.
c.) Leaving of wrecked, non–operating vehicle on street. No person shall leave any partially dismantled, non–operating, wrecked, or junked vehicle on any street or highway within the Town.
d.) Disposition of wrecked or discarded vehicles. No person in charge or control of any property within the Town, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any partially dismantled, non–operating, wrecked, junked or discarded vehicle to remain on such property longer than fourteen (14) days; and no person shall leave any such vehicle on any property within the Town for a longer time than three (3) days; except that this section shall not apply with regard to a vehicle in an enclosed building; a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of such business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the Town.
e.) Impounding. The Chief of Police or any member of his Department designated by him is hereby authorized to remove or have removed any vehicle left at any place within the Town which reasonably appears to be in violation of this section or lost, stolen, or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with Massachusetts General Laws Chapter 135 relative to unclaimed and abandoned property.
f.) Penalties. Any person violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined as set forth in Chapter 29 or be imprisoned for a period not exceeding thirty days (30) or be both so fined and imprisoned. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder.
65ATM51 TR 125: Section 39 adopted.
96ATM33 TR 30: Subsections renumbered (a) through (f); first sentence of subsection (a), first sentence of subsection (d), first sentence of subsection (e), and first sentence of subsection (f) amended by replacing "this by-law" with "this section."
04ATM46 TR 157: In section f) delete the words “in an amount not exceeding Fifty Dollars ($50)” and replace with the words “as set forth in Chapter 29”
Section 40. Use of Motorized Recreational Vehicles Regulated
a) Motorized recreational vehicles, including trail bikes, snowmobiles, mini–cars, and other off–road vehicles, may not be used on public property unless the agency in charge thereof shall have opened the land for the use of such vehicles and shall have erected signs stating that such uses are permitted. Said vehicles may not be used on private property without the permission of the owner or tenant. Permission may be given in advance and may be given to an individual or club, or by the posting of appropriate permission signs by the owner or a person authorized by him. No person shall operate such vehicles within five hundred (500) feet of an occupied residence without the permission of the owner or tenant, except in cases of emergency, or except directly to depart from and return to such residence.
b) Operators of motorized recreational vehicles must conform with other prevailing laws and regulations.
c) No person shall operate a motorized vehicle, skateboard, scooter, gas or electric scooter, All Terrain Vehicle (ATV), snowmobile, mini-car, or any mode of transport on any sidewalk, public or private way, public property or private property in a reckless or careless manner so as to endanger the safety, or disturb the peace, of any citizen.
74ATM38 TR 154: Section 40 adopted.
04ATM46 TR 157: Identify paragraph 1 as new sub-section a) and identify paragraph 2 as new sub-section b) and add a new sub-section c) as printed above.
Section 41. Consuming Intoxicating Beverages Within Public Way or on Public Property Prohibited; Disorderly, Offensive Conduct Prohibited
a.) Whoever shall, within the limits of any public way located within the Town, whether that public way be a town way, county highway, state highway, or a private way open to the public, consume intoxicating beverages, shall be punished by a fine as set forth in Chapter 29. This section shall also be construed so as to prohibit the following: The consumption of intoxicating beverages by any person while such person is standing, sitting, walking, running or otherwise present within such way or is within any vehicle, whether parked or moving, which is within the limits of such public way.
04ATM46 TR 157: Delete the words “not exceeding twenty-five dollars ($25.00)” and replace with the words “as set forth in Chapter 29”
b.) Drunkenness, breach of the peace, profanity or other disorderly conduct offensive to the general public are strictly forbidden. Possession of alcoholic beverages in unsealed containers, or the drinking of alcoholic beverages in any public building or on any public property, including parks, cemeteries, school houses and school grounds, and public squares or public ways is forbidden.
c.) The foregoing paragraphs (a) and (b) shall not apply to any activity duly licensed by the Board of Selectmen under the applicable provisions of the Massachusetts General Laws.
d.) It shall be the duty of any police officer of the Town to arrest any person who violates the provisions of paragraphs (a) and (b) and to cause such person to be brought before a Justice of the District Court of Northern Norfolk, Dedham, Massachusetts upon a complaint for violation thereof.
74ATM39 TR 155: Section 41 adopted.
76STM15 TR 159: Amended by deletion. New Section 41 adopted.
80ATM31 TR 82: Subsection (b) rewritten.
Section 42. Retail Sale of Food and Alcoholic Beverages Regulated
No person shall sell at retail between the hours of 12 midnight and 6:00 A.M. any food.
The term food as used in this section shall include any article or commodity, however stored or packaged, intended for human consumption and shall include alcoholic beverages to be consumed off the premises at which they are sold, unless any other law or permit or license granted to the seller of such beverages shall otherwise provide.
This section shall not apply to the sale of food or alcoholic beverages to be consumed on the premises on which they are sold when such sale is by a licensed common victualler primarily engaged in the sale of food to be consumed on such premises.
Persons found guilty of violating this section shall pay a fine as set forth in Chapter 29. For purposes of this section each separate sale shall be deemed a separate offense. In the event of sale of several items or articles at one time to one customer, only one sale shall be deemed to have taken place.
76ATM28 TR 135: Section 42 adopted.
96ATM33 TR 30: Amended by replacing two instances of "this by-law" to "this section".
04ATM46 TR 157: In paragraph 4, delete the words “of fifty dollars ($50)” and replace with the words “as set forth in Chapter 29”
Section 42A. Hours of Retail Sales Regulated
No store or place of business engaged in the retail sale of any commodity except fuel products shall be open for the transaction of retail business between the hours of 12 midnight and 6:00 A.M.
This section shall not apply to the sale of food or alcoholic beverages to be consumed on the premises at which they are sold or to be consumed off the premises on which they are sold when such sale is by a licensed common victualler primarily engaged in the sale of food to be consumed on such premises.
This section shall not be deemed to repeal or replace Section 42 of Chapter Thirteen of the Revised By–Laws and each by–law shall be deemed separately enforceable. An adjudication that Section 42 or Section 42A of Chapter Thirteen of the Revised By–Laws or any part of either such section is unconstitutional or invalid shall not operate to affect the constitutionality or validity of the other by–law or any part thereof which can be given effect without the provision deemed unconstitutional or invalid.
Violators of this section shall be subject to a fine as set forth in Chapter 29 for each violation. In case of continuing violation, every calendar day upon which a store shall remain open shall be deemed a separate offense.
This section shall not apply to a retail drug store dispensing prescription medication provided that said business obtains a Special Permit granted by a majority of the Board of Selectmen after a public hearing, upon a showing of public need and public good.
75ATM28 TR 135: Section 42A adopted.
79STM8 TR 71: First paragraph amended by replacing "food" with "any commodity except fuel products".
96ATM33 TR 30: Amended by replacing all instances of "this by-law" with "this section".
04ATM46 TR 157: In paragraph 4 delete the words “of fifty dollars ($50.00)” and replace with the words “as set forth in Chapter 29”
05ATM34 TR 45: New section added.
Section 43. Security Alarm Systems Regulated; False Alarm Penalties
a.) For the purpose of this section the following terms, phrases, words and their derivations shall have the meanings given herein. 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 in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
1. The term "Alarm System" means an assembly of equipment and devices or a single device such as a solid state unit which plugs directly into a 110 volt AC line, arranged to signal the presence of a hazard requiring urgent attention and to which police are expected to respond. Fire Alarm Systems and alarm systems which monitor temperature, smoke, humidity or any other condition not directly related to the detection of an unauthorized intrusion into a premises or an attempted robbery at a premises are specifically excluded from the provisions of this section. The provisions of subsection (c) of this section shall not be applicable to municipal, county and state agencies.
2. False Alarm means
i.) the activation of an alarm system through mechanical failure, malfunction, improper installation or negligence of the user of an alarm system or of his employees or agents, or
ii.) any signal or oral communication transmitted to the Police Department requesting or requiring, or resulting in a response on the part of the Police Department when in fact there has been no unauthorized intrusion, robbery, or burglary, or attempt thereat.
For purposes of this definition activation of alarm systems by acts of God, including but not limited to power outages, hurricanes, tornadoes, earthquakes and similar weather or atmospheric disturbances shall not be deemed to be a false alarm.
b.) Signals emitted by alarm systems shall be controlled and curtailed as follows:
1. Every alarm user shall submit to the Chief of Police the names and telephone numbers of at least two persons who are authorized to respond to an emergency transmitted by the alarm system, and who can open the premises wherein the alarm system is installed.
2. All audible alarm systems installed after the effective date of this section which use an audible horn or bell shall be equipped with a device that will shut off such horn or bell within ten (10) minutes of the activation of the alarm system.
3. Any alarm system emitting a continuous and uninterrupted signal for more than fifteen (15) minutes which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated under paragraph 1 of this subsection and which disturbs the peace, comfort, or repose of a community, a neighborhood, or a number of the inhabitants of the area where the alarm system is located, shall constitute a public nuisance.
Upon receiving complaint of such a continuous and uninterrupted signal, the Chief of Police shall endeavor to contact the alarm user, or members of the alarm user's family, or those persons designated by the alarm user under paragraph 1 of this subsection, in an effort to abate the nuisance. If such efforts do not result in the silencing of the alarm within thirty (30) minutes of its activation, the Police Chief may, at the expense of the owner, order its deactivation using whatever means may be appropriate to the occasion.
The Police Chief shall cause to be recorded the names and addresses of all complainants, and the time of each complaint.
c.) Upon receipt of three or more false alarms within a calendar year the Police Chief may
i) order the user to discontinue the use of the alarm, and
ii) disconnect any direct connections to the Police Department, and
iii) order that further connections to the communications console in the Police Department be contingent upon the user equipping any alarm system with a device that will shut off any audible horn or bell within ten (10) minutes after activation of the alarm system.
The user shall be assessed a fee as set forth in Chapter 29 as a false alarm service fee for each false alarm in excess of three occurring within a calendar year. All fees assessed hereunder shall be paid to the Town Treasurer for deposit to the general fund.
78ATM46 TR 76: Section 43 Adopted.
79ATM24 TR 107: The last sentence of subsection a.1 (formerly Subsection 1(a) (1)) amended by striking out "apply to all user" and replacing with "not be applicable to municipal, county and state agencies".
81STM10 TR 119: Subsection b (formerly Section 2) rewritten.
96ATM33 TR 30: Section 43 reformatted and subsection references changed; all instances of "this ordinance" and "this by-law" replaced with "this section"; subsection a.2.i amended by replacing the final period with "or"; subsection c.i and c.ii amended by replacing "may" with "and".
04ATM46 TR 157: In the last paragraph delete the words “twenty-five dollars ($25.00) and replace with the words “a fee as set forth in Chapter 29”
Section 44. Trespass upon Parks After Hours Prohibited
a.) No person shall trespass upon any park, playground, reservation or other area under the control of the Parks and Recreation Commission between the hours set by the Commission. Violation of this paragraph shall be punishable by a fine as set forth in Chapter 29.
04ATM46 TR 157: Delete the words “of fifty dollars ($50.00)” and replace with the words “as set forth in Chapter 29”
b.) No person shall trespass upon properties of the Parks & Recreation Commission known as Memorial Park, Condon Park, Fairbanks Park, Paul Park, or Churchill Park between sunset and sunrise; if, on any given evening, an activity, sanctioned by the Commission is in progress under the lights at Memorial or Condon Park, the presence of any individual on the property will constitute trespass beginning fifteen (15) minutes after "lights out." Violation of this section shall be punishable by a fine as set forth in Chapter 29.
79STM6 TR 71: Section 44 adopted.
97ATM51 TR 44: Section rewritten to incorporate former section 59.
04ATM46 TR 157: Delete the words “of one hundred dollars ($100)” and replace with the words “as set forth in Chapter 29”
(Section 45. Obstructing Passage on Public Ways Prohibited)
79STM9 TR 71: Section 45 adopted.
96ATM33 TR 30: Reenacted . Section deleted and disapproved by Attorney General.
Section 46. Retail Promotional Events Regulated
No person shall cause or allow to be held in the Town of Dedham any "personal appearance" or other retail, promotional event involving musical, media or other celebrities or personalities without first having secured at least thirty days prior thereto a valid permit for said appearance from the office of the Board of Selectmen. The fee for such permit shall be as set forth in Chapter 29. This section shall not apply to paid appearance or performances by such persons at schools, restaurants, theaters, churches, or other similar places normally considered to be legitimate places of public assembly.
79ATM22 TR 107: Section 46 adopted.
97ATM30 TR 36: Section rewritten to change permitting authority from Board of Selectmen to Town Administrator and to change fee from $10 to $25. By letter of August 4, 1997, the Attorney General disapproved the amendment as unconstitutionally vague.
04ATM46 TR 157: Delete the words “ten dollars ($10.00)” and replace with the words “as set forth in Chapter 29”
Section 47. Dumpsters Regulated
All dumpsters placed within the Town of Dedham must be approved for sanitary purposes by the Board of Health, and for location, construction and fire rating of proper screening by the Inspector of Buildings. Screening shall consist of a six–foot fence or other approved barrier surrounding the dumpster(s). All dumpsters placed in the Town of Dedham shall require a permit issued by the Inspector of Buildings, the fee for which shall be as set forth in Chapter 29. Dumpsters placed within the Town for construction purposes shall not be affected by this section. However, persons requiring construction site dumpsters shall apply for a permit issued by the Inspector of Buildings for a period not to exceed six (6) months. This permit may be renewed upon payment of the appropriate fee.
04ATM46 TR 157: Delete the words “ten dollars ($10)” and replace with the words “as set forth in Chapter 29”; delete the words “for a period not to exceed six months”; and add “However, persons requiring construction site dumpsters shall apply for a permit issued by the Inspector of Buildings for a period not to exceed six (6) months. This permit may be renewed upon payment of the appropriate fee.
Failure to comply with the provisions of this section shall be punishable by a fine of fifty dollars ($50.00) for each violation, and each day in which such failure to comply may occur shall be a separate violation.
79ATM23 TR 107: Section 47 adopted.
82ATM15 TR 84: Second paragraph adopted.
(Section 48. Raking Yard Waste onto Public Way Prohibited)
79ATM25 TR 108: Section 48 adopted.
97ATM52 TR 45: Substance of section incorporated into section 17 and section 48 deleted.
Section 49. Restaurant Sewage Disposal Regulated
Any restaurant or dining room to be constructed or altered, seating fifty (50) persons or more, that is connected to a public sewer or sanitary disposal works system, shall be required to install an outside grease trap as provided in Regulation 5 of Title 5, State Sanitary Code, M.G.L. Chapter 30A, as amended, and no such restaurant or dining room shall discharge into the public sewer system garbage in any form.
79ATM26 TR 108: Section 49 adopted.
96ATM33 TR 30: Amended by replacing "that such restaurant or dining room be prohibited from discharging" with "no such restaurant or dining room shall discharge".
Section 50. Fines for Violations of Truck Ban
Schedule of fines for violations of a truck ban restriction in the Town of Dedham will be as set forth in Chapter 29.
79ATM56 TR 115: Section 50 adopted.
04ATM46 TR 157: Existing language deleted and replaced as written above.
Section 51. Fire Lanes Established; Obstruction of Fire Lane Prohibited
a.) The Fire Chief or his designee pursuant to G.L. Chapter 40 Section 21 (14) may establish fire lanes as a means of access for fire apparatus to any building, and may require the owner of such property to post "No Parking" signs and appropriate pavement markings at designated places on such fire lanes.
b.) No person shall by any means, including a parked vehicle, obstruct or block a private way so as to prevent the access of fire apparatus to any building.
c.) It shall be unlawful to obstruct or park a vehicle in any fire lane established by the Fire Chief under paragraph (a) of this section. Such a fire lane shall constitute an access area to be established at the discretion of the Fire Chief or his designee.
d.) Any person who shall refuse to post such signs or appropriate pavement markings as may be ordered by the Fire Chief or who violates any provisions of signs posted in accordance with the order of the Fire Chief shall be subject to a fine as set forth in Chapter 29 for each and every such violation or noncompliance. Such fines may be enforced by non–criminal complaint pursuant to the provisions of Mass. G.L. c.40, §21D and Chapter 1, Section 6 of the Revised By–Laws of the Town of Dedham by the Fire Chief, Police Officer or Code Enforcement Officer.
04ATM46 TR 157: Delete the words “of $300.00 per day” and replace with the words “as set forth in Chapter 29” and delete the words “or any” and add the words “or Code Enforcement Officer”
e.) The Chief of Police or any member of his department designated by him is hereby authorized to remove or have removed any unattended vehicle within a fire lane established under this section. Such vehicle may be towed and impounded until the costs of towing, impounding and other fines are paid.
80ATM41 TR 89: Section 51 adopted.
91ATM22 TR 89: The phrase "or his designee" added in paragraph 1. Range of fines in paragraph 4 changed to $25-$100.
96ATM33 TR 30: Subsection 2 rewritten; subsection 3 amended by replacing "It shall be unlawful to" with "No person shall".
99ATM26 TR __: Section 51 rewritten to increase Fire Chief discretion in designating a fire lane and to provide non-criminal enforcement and increase of fines.
Section 52. Handicapped Parking Areas Established; Misuse Prohibited
a.) Owners or persons in control of private ways or improved or enclosed property used as off–street parking areas for businesses, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, or other places where the public has a right of access shall 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 or placard authorized by section two of Chapter ninety in accordance with the provisions of Chapter 40, Section 21 (23).
04ATM46 TR 157: Add the words “or placard” following the words “license plate”
b.) No person other than a disabled veteran or handicapped person shall park or leave a vehicle unattended within parking spaces designated as reserved for vehicles owned and operated by disabled veterans or handicapped persons as authorized by clause 23 of section 21 of Chapter 40 or in such manner as to obstruct a curb ramp designed for use by handicapped persons as a means of egress to a street or public way.
c.) The penalty for violation of this section shall be as set forth in Chapter 29.
82STM22 TR 92: Section 52 adopted.
91ATM22 TR 89: Penalty in paragraph 3 set at $50.
96ATM33 TR 30: Subsection 3 amended by replacing "this article" with "this section".
04ATM46 TR 157: Delete the words “fifty dollars ($50)” and replace with the words “as set forth in Chapter 29”
Section 53. Parking of Commercial Vehicles in Residential District Regulated
No person shall park, or cause to be parked, at any location on any public way within the Town of Dedham located within or abutting a residential district, any commercial vehicle of more than two and one–half tons gross vehicle weight, for any period in excess of four hours, unless said vehicle is actually in the process of loading, unloading, or providing some discernible service to one or more adjacent residential properties.
Violation of this section shall be punishable by a fine as set forth in Chapter 29. Each day such violation exists shall be construed a separate violation.
82ATM14 TR 84: Section 53 adopted.
04ATM46 TR 157: Delete the words “not to exceed fifty dollars ($50)” and replace with the words “as set forth in Chapter 29”
Section 54. Selling and Soliciting Money Upon or Abutting Public Ways Regulated
No person shall sell any commodity whatsoever or solicit monies for any purpose whatsoever upon any public way or upon land abutting any public way in the Town of Dedham, unless:
a.) said party has been duly licensed, at least ten (10) days in advance of the date(s) of such sale or solicitation, by the Board of Selectmen; under the provisions of M.G.L., Chapter 101 Sections 17 and 22. The Selectmen may impose such restrictions as to location, hours, etc. as they may deem appropriate, and in appropriate cases may impose a license fee as set forth in Chapter 29; or
04ATM46 TR 157: Delete the words “not to exceed twenty-five dollars ($25)” and replace with the words “as set forth in Chapter 29”
b.) said sale or solicitation is conducted by a person who has a legitimate place of business, legally situated, in the Town, and said sale or solicitation is conducted upon the property appurtenant to that place of business or the public way adjoining, if approved in writing by the Chief of Police (see sections 32 and 33, above); or
c.) said sale constitutes a "yard sale" or "garage sale" so–called, and is conducted on residential premises by the legal owner thereof; such sale shall have a specific time limit; each day, consecutive or not, shall constitute a sale day; this provision is limited to three such sales in any year all such sales in excess of three in any year shall fall under the licensing provisions of (a) above; or
04ATM46 TR 157: Add the following language after the word “thereof;” “such sale shall have a specific time limit; each day, consecutive or not, shall constitute a sale day”
d.) said solicitation is conducted by a bona–fide charitable or non–profit or public service agency which has given written notice to the Board of Selectmen of the dates of such solicitation, and registered all its agents and workers with the Chief of Police; such agencies or organizations which are legitimately and permanently headquartered in the Town of Dedham need only give notice to the Board of Selectmen.
86ATM31 TR 77: Section 54 adopted (April 15, 1986) and approved by Attorney General May 30, 1986.
96ATM33 TR 30: Paragraphs (a) through (c) amended by replacing the final period with "or".
Section 55. No Liquor License To Be Held Where Sexual Conduct Permitted
The following acts of conduct in or on premises licensed in accordance with the General Laws, Chapter 140, section 181 or 183A are deemed contrary to the public need and to the common good, and therefore no license shall be held for the sale of alcoholic beverages to be served and drunk on the licensed premises where such acts or conduct are permitted.
a.) It is forbidden to employ or permit any person in or on the licensed premises which such person is unclothed or in such attire as to expose to view any portion of the areola of the female breast or any portion of the pubic hair, cleft of the buttocks, or genitals.
b.) It is forbidden to employ or permit any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire as described in paragraph (a) above.
c.) It is forbidden to encourage or permit any person in or on the licensed premises to touch, caress or fondle the breasts, buttocks or genitals of any other person.
d.) It is forbidden to employ or permit any person to wear or use any device or covering exposed to view which simulates or stimulates the breasts, buttocks, pubic hair or genitals or any portions thereof.
e.) It is forbidden to employ or permit any person in or on the licensed premises to perform an act or acts, or to simulate the act or acts, of:
1. Sexual intercourse, masturbation, sodomy, flagellation or any sexual acts prohibited by law;
2. Touching, caressing or fondling of the breasts, buttocks or genitals of another.
89ATM41 TR 70: Section 55 adopted.
97ATM44 TR 42: Subsection (d) amended to include the word “simulates”.
Section 55A. Visual Displays of Sexual Conduct Prohibited
It is forbidden to employ or permit any person in or on the licensed premises to show motion picture films, television tape cassettes, still pictures or other photographic reproductions depicting any of the acts, or any simulation of any of the acts, prohibited in Section 55.
89ATM41 TR 70: Section 55A adopted.
Section 55B. Violators of Laws Barred From Licensed Premises
Notwithstanding any of the foregoing, no person duly licensed by the Licensing Board for the Town under the General Laws, Chapter 140, section 181 or section 183A and/or Chapter 138, section 1, 12 or 23 shall employ, use the services of, or permit upon his licensed premises any employee, entertainer or other person who by his or her attire or conduct violates any General Laws, Special Act, or by–law of the Town.
89ATM41 TR 70: Section 55B adopted.
96ATM33 TR 30: Amended by replacing "ordinance" with "by-law"; and by replacing "181 of section" with "181 or section".
Section 56. Sale of Imitation Handguns Regulated
No firm or business shall sell or offer for sale, possess or use or attempt to use or give away, any toy or imitation pistol or revolver which substantially duplicates an actual pistol or revolver, unless said imitation or toy pistol or revolver shall be colored in colors other than black, silver, blue or aluminum, and further provided that the barrel of said toy or imitation shall be closed with the same material of which imitation is made. It shall not be a violation of this section to possess an imitation pistol or revolver for use in a theatrical or television production.
89ATM51 TR 72: Section 56 adopted.
96ATM33 TR 30: Amended by replacing "this by-law" with "this section".
Section 57. Operating Hours Under Licenses Regulated
Unless otherwise restricted, no holder of a license issued by the Town of Dedham, pursuant to Massachusetts General Laws, Chapter 140, Sections 177A, 181 and 183A, shall permit any activity licensed thereunder to be conducted between the hours of 1:00 A.M. and 6:00 A.M.
11/6/89STM4 TR 77: Section 57 adopted.
Section 58. Sales of Novelties Prohibited
No business or individual shall offer for sale within the Town of Dedham any device or commodity which shall constitute a "stink bomb," "smoke bomb," or "silly string" — however such device or commodity may be titled or under whatever name it may be marketed.
Violation of this section shall be punishable by a fine as set forth in Chapter 29.
2/7/94STM9 TR 11: Section 58 adopted.
04ATM46 TR 157: Delete the words “of fifty dollars ($50.00)” and replace with the words “as set forth in Chapter 29”
(Section 59. Trespass Upon Public Parks Prohibited)
95ATM38 TR 25: Section 59 adopted.
97ATM51 TR 44: Substance of section 59 incorporated into section 44 and Section 59 deleted.
Section 60. Strings of Lights
Outdoor strings or series of lights, accessory to any commercial use, comprising no message and not permanently mounted on a structure, are prohibited; provided, however, that such lights may be permitted by the Building Commissioner up to three (3) times per year for periods of not more than thirty (30) consecutive days as part of a temporary holiday decoration.
98ATM23 TR 37: Section 60 adopted.
Section 61. Sound Equipment, Construction Activity, Alarms Regulated
No person owning, leasing, or controlling a source of sound shall willfully, negligently, or through failure to provide necessary equipment, service, or maintenance or to take necessary precautions cause, suffer, allow, or permit unnecessary emissions from said source of sound that may cause noise.
The aforementioned section shall pertain to, but not be limited to, prolonged unattended sounding of burglar alarms for periods longer than fifteen (15) minutes, construction and demolition equipment which characteristically emit sound but which may be fitted and accommodated with equipment such as enclosures to suppress sound or may be operated in a manner so as to suppress sound, suppressible and preventable industrial and commercial sources of sound, and other man–made sounds that cause noise.
Said Section shall not apply to sounds emitted during and associated with:
(a) parades, public gatherings, or sporting events, for which permits have been issued provided that such parades, public gatherings, or sporting events in one city or town do not cause noise in another city or town;
(b) emergency, police, fire and ambulance vehicles;
(c) police, fire , and civil, state and national defense activities;
04ATM46 TR 157: Add the word state
(d) domestic equipment such as lawn mowers and power saws Monday through Friday, 7:00 a.m. to 9:00 p.m.; and Saturday and Sunday, 8:00 a.m. to 9:00 p.m.,
04ATM46 TR 157: Delete the words “between the hours of 7:00 a.m. and 9:00 p.m.” and replace with the words “Monday through Friday, 7:00 a.m. to 9:00 p.m.; and Saturday and Sunday, 8:00 a.m. to 9:00 p.m.”
(e) and snow and ice removal equipment such as snowplows and snow blowers.
In no event shall construction activity of any kind commence before 7:00 a.m. or continue beyond 9:00 p.m. except in compliance with the conditions of a valid permit issued by the Chief of Police pursuant to Section 7 or Section 15 of Massachusetts General Laws Chapter 136.0
Violation of this provision shall be by non–criminal disposition pursuant to the provisions of Mass. G.L., c.40, Section 21D and Chapter 1, Section 6 of the Revised By–Laws of the Town of Dedham. For purposes of non–criminal disposition, the penalty to apply in the event of a violation shall be $300. Each day on which a violation exists shall be deemed to be a separate offense.
99STM8 TR __: Section 61 adopted.
05STM10 TR56: Add the word “Construction” to the title of the section; and add the following language – “In no event shall construction activity of any kind commence before 7:00 a.m. or continue beyond 9:00 p.m. except in compliance with the conditions of a valid permit issued by the Chief of Police pursuant to Section 7 or Section 15 of Massachusetts General Laws Chapter 136”
Section 62. Regulation of News Boxes Within the Public Way
For the purposes of this section news box shall mean a vending machine used for the sale and/or distribution of newspapers or similar printed material. It is not the intent of this section to prohibit or interfere with the dissemination of information protected under the United States or State constitutions, but simply to ensure that the location of news boxes protects the public safety of the Town of Dedham. The location of news boxes within a public way shall conform to the following regulations:
(a) No news box shall be located within one hundred (100) feet of any school bus stop;
(b) No news box shall be located within ten (10) feet of any fire hydrant, fire or police alarm box or other emergency facility;
(c) No news box shall be located in such a manner to obstruct the clear movement of pedestrians on a sidewalk;
(d) No news box shall be located on a public way on which parking is prohibited;
(e) Each news box shall have affixed thereto the name and address of the owner thereof;
(f) Any news box which remains empty and unused as a news box for more than sixty (60) days shall be removed by the owner thereof upon written notice to the owner by addressing the same to the name and address affixed to said news box. If said news box is not removed within ten (10) days of said notice, the Town may remove same. If no name and address are affixed to a news box which has remained empty and unused as a news box for more than sixty (60) days, the Town may post notice on said news box and remove same after ten (10) days from the posting of said notice,
Section 63. Commercial Construction Site Fencing Regulated
All commercial construction sites must be secured by fencing during non-construction hours; said fencing must be a minimum of six (6) feet in height and must be constructed of chain link material or stronger; said fencing must be approved by the Building Commissioner or his designee.
01STM04 TR 64 – New section (62) added regarding regulation of newspaper boxes
Chapter Thirteen -- Other amendments proposed but not adopted:
70ATM72 TR 125: Proposed by-law for the open incineration of leaves referred to Anti-Pollution Committee.
71ATM11 TR 128: Proposed by-law concerning waste disposal baskets in public markets referred to Anti-Pollution Committee.
73ATM11 TR 119: Proposed amendment to Section 22 indefinitely postponed.
75ATM42 TR 129: Proposed "Smoking Prohibited" by-law indefinitely postponed.
76ATM8 TR 131: Proposed amendment to Section 41 indefinitely postponed.
77STM19 TR 193: Proposed Alarm System By-Law indefinitely postponed.
80ATM32: Proposed ban on political signs indefinitely postponed.
80ATM28: Ban use of town vehicles for personal purposes indefinitely postponed.
7/21/86STM17 TR 81: Proposed ban on serving or consuming alcoholic beverages by common victualler without liquor license, indefinitely postponed.
89ATM40 TR 70: Proposed ban on entertainment between 12:30 A.M. and 6:00 A.M. voted but disapproved by Attorney General.
92ATM21 TR 58: Proposed requirement for fences around properties with outdoor swimming pools, indefinitely postponed.
92ATM23 TR 59: Proposed licensing of solicitors and canvassers to replace Section 32, indefinitely postponed.
92ATM25 TR 62: Proposed requirement for property owners to clear snow and ice from sidewalks, indefinitely postponed.
97ATM39 TR 38: Proposed dangerous animal by-law indefinitely postponed.
98ATM25 TR 38: Proposed prohibition of smoking “within any place to which the public is invited” indefinitely postponed.
99ATM30 TR __: Proposed new section to prohibit “hand held litter” indefinitely postponed.
99ATM34 TR __: Proposed new section to prohibit sale of tobacco products to persons under age of twenty-one indefinitely postponed.
04ATM46 TR 157: New Section 63 added.
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