ARTICLE 1: PUBLIC SAFETY AND GOOD ORDER
Section 1. Peeping Tom
ART. 45, A.T.M., 5/12/97
No person shall, not being an officer of the law acting in the performance of his legal duty, enter upon any premises or into any building in Arlington with the intention of peeping into any building, or part thereof, or spying upon any person therein.
Section 2. Firearms
No person shall, except in the performance of some legal duty, discharge any firearms, or any air gun within the limits of the town, except by permission of the Board of Selectmen.
Section 3. Fireworks and Firecrackers
No person shall set off, explode or cause to explode any fireworks or firecrackers within the town except under such regulations as the Selectmen may prescribe.
Section 4. Beggars, Solicitors and Peddlers
No person unless otherwise authorized shall go from place to place within the Town selling or bartering or carrying for sale or barter or exposing therefor or taking orders therefor any goods, wares, or merchandise, nor shall any person go from place to place within the Town begging or soliciting alms or contributions for any person, cause or organization, either on foot or from any animal or vehicle without having first recorded his name and address with the Chief of Police and furnished such other information as may be requested of him.
The Chief of Police shall thereupon if satisfied with the honesty of the applicant, issue a permit for a period not exceeding twelve months, which must be shown on request, and shall state that said person has duly registered and is entitled to go from place to place within the Town for the purpose specified.
The Chief of Police may, however, authorize the director of any religious organization within the Town to solicit such contributions, etc., without having each solicitor under his direction registered.
Section 5. Junk Dealers and Collectors
The Selectmen may license suitable persons to be dealers in and keepers of shops for the purchase, sale, or barter of junk, old metal, or second-hand articles in the own.
They may also license suitable persons as junk collectors, to collect, by purchase or barter, junk, old metals, and second-hand articles from place to place in the town; and they may provide that such collectors shall display badges upon their person or upon their vehicles, or upon both, when engaged in collecting, transporting or dealing in such material; and may prescribe the design thereof. They may also provide that such shops, and all articles of merchandise therein, and any place, vehicle, or receptacle used for the collection or keeping of the articles aforesaid, may be examined at all times by the Selectmen or by any person by them authorized thereto.
Every person engaged in the purchase, sale or barter of junk, old metal, or second- hand articles, within the limits of the town, shall keep a book in which shall be written, at the time of every purchase of any such article, a description thereof, the name and residence of the person from whom and the day and hour when such purchase was made. Such book shall at all times be open to the inspection of the Selectmen and of any person by them authorized to make such inspection. Every person so engaged, keeping a shop, shall maintain in a suitable and conspicuous place on his shop a sign having his name and occupation legibly inscribed thereon in large letters, Such shop, and all articles of merchandise therein, may be at all times examined by the Selectmen or by any person authorized by them to make such examination. No keeper of
such shop and no junk collector shall, directly or indirectly, either purchase or receive by way of barter or exchange any of the articles aforesaid of a minor, knowing or having reason to believe him to be such; and no articles purchased or received by such shopkeeper shall be sold until at least ten days from the date of its purchase or receipt have elapsed.
Section 6. Cigarettes
ART. 8, S.T.N., 11/15/93
The sale of cigarettes by machine is prohibited. Any person or entity that offers or permits the sale of cigarettes by machine on premises owned or controlled by said entity or person shall be punished by a fine of $50 for the first offense and $300 for each subsequent offense, each day thereof to be considered a separate offense.
ARTICLE 2: CANINE CONTROL
Section 1. Dogs
No person shall own or keep any dog which by biting, barking, howling, or in any other manner disturbs the peace and quiet of any neighborhood, or endangers the safety of any person.
Section 2. Leashing of Dogs
Leash Required
No person owning or keeping a dog in the Town of Arlington shall permit such dog to be at large in the Town of Arlington elsewhere than on the premises of the owner or keeper, except if it be on the premises of another person with the knowledge and permission of such other person. Such owner or keeper of a dog in the Town of Arlington, which is not on the premises of the owner or upon the premises of another person with the knowledge and permission of such person shall restrain such dog by a chain or leash not exceeding six feet in length. In any prosecution hereunder, the presence of such dog at large upon premises other than the premises of the owner or keeper of such dog shall be prima facie evidence that such knowledge and permission was not had.
ART. 10, ATM 4/28/03
This provision shall not apply, however, in any area designated by the Board of Parks and Recreation Commissioners as a "Dog Park," "Dog Run" or "Dog Exercise Area." In areas so designated, dogs are not required to be restrained by a leash provided the owner or keeper of such dog is present and attentive to the dog.
B. Enforcement
Any dog found to be at large in violation of this By-Law shall be caught and confined by the dog officer who shall notify forthwith the licensed owner or keeper of said dog giving the owner or keeper a period of ten days within which to recover the dog. Return of the dog to the licensed owner or keeper shall be dependent on admission of ownership or the keeping of the dog and the assumption of responsibility by the licensed owner or keeper. The dog officer shall enter and prosecute a complaint against the owner or keeper of any dog taken into his custody under this section, as provided for in this By-Law. A dog officer having custody of a dog confined under this By-Law shall be allowed the sum of two dollars per day for each day of confinement for the care of such dog, payable by the
owner or keeper thereof.
C. Fines
Violations of Sections 2 of this Article shall be punishable as follows:
ART. 40, A.T.M., 5/8/91
First offense: Warning
Second offense: By a fine of $50.00
Third offense: By a fine of $75.00
Fourth and each subsequent offense: By a fine of $100.00
Section 3. No Fouling of Sidewalks, Etc.
A. Duty to Dispose
It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his-her dog on any sidewalk, street or other public area in the Town. It shall further be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his-her dog on any private property neither owned nor occupied by said person.
B. Duty to Possess Means of Removal
No person who owns, possesses or controls such dog shall appear with such dog on any sidewalk, street, park or other public area without the means of removal of any feces left by such dog. Furthermore, no person who owns, possesses or controls such dog shall appear with such dog on any private property neither owned nor occupied by said person without the means of removal of any feces left by said dog.
C. Method of Removal and Disposal
For the purposes of this regulation, the means of removal shall be any tool, implement, or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public. Disposal shall be accomplished by transporting such feces to a place suitable and regularly reserved for the disposal of canine feces, or as otherwise designated as appropriate by the Board of Health.
ART. 40, A.T.M., 5/8/91
D. Fines
Violation of Section 3 of this Article shall be punishable as follows:
First offense: By a fine of $75.00
Second offense: By a fine of $100.00
Third and each subsequent offense: By a fine of $150.00
E. Exemption
This regulation shall not apply to a dog accompanying any handicapped person who, by reason of his-her handicap, is physically unable to comply with the requirements of this By-Law, or to any individual who utilizes a guide dog.
F. Severability
The provisions of this section are severable; and if any of the provisions of this section shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
Section 4. Licensing
ART. 25, A.T.M., 4/27/88
A person who at the commencement of a license period is, or who during any license period becomes, the owner or keeper of a dog six months old or over which is not duly licensed, and the owner or keeper of a dog when it becomes six months old during a license period, shall cause it to be registered, numbered, described and licensed until the end of such license period, and the owner or keeper of a dog so registered, numbered, described and licensed during any license period, in order to own or keep such a dog after the beginning of the succeeding license period, shall before the beginning thereof, cause it to be registered, numbered, described and licensed for such period.
Section 5. Kennels
No person may maintain a kennel within the confines of the Town. A kennel shall include a collection of more than three dogs on a single premises over the age of four months old regardless of the purpose for which they are maintained.
Section 6. Non-Criminal Disposition
ART. 40, A.T.M., 5/8/91
Enforcement of Title VIII, Article 2, Sections 2 and 3, of the bylaws may, in the first instance, be pursued through the provisions of Section 21D of Chapter 40 of the General Laws, which provides for a non-criminal disposition.
The enforcing persons shall be any police officer of the Town, any employee of the Board of Health, or any Animal Control Officer of the Town.
ARTICLE 3: PUBLIC HEALTH REGULATIONS
ART. 45, A.T.M., 5/12/97
Section 1. Sewer Connection Requirement
Every building hereafter erected on a public street, court or passageway in this Town, in which there is a public sewer, shall unless otherwise ordered by the Board of Health, be required to be connected by a good and sufficient particular drain with said sewer.
Section 2. Privy Vault
No permanent privy vault or cesspool shall hereafter be constructed in this Town without a permit from, and in accordance with the rules and regulations of the Board of Health.
Section 3. Refuse Disposal
No person shall throw or put into or upon any public or private way, public enclosure or grounds, bodies of water, streams or brooks in this Town any decayed animal or vegetable matter, waste material of any kind, or other refuse whatever. Any person violating this section shall for each offense, be punished by a fine of twenty-five ($25) dollars for the first offense; and fifty (50) dollars for each additional offense.
Section 4. Disinfection of Rooms
Upon the death, removal or recovery of a person ill with any communicable disease, the immediate family of such, or if in a lodging or boarding house, the proprietor thereof shall cause the room or rooms occupied by such person to be disinfected in a manner satisfactory to, and in accordance with the rules and regulations of the Board of Health.
Section 5. Rabies Vaccination Clinic
A clinic for the inoculation of dogs against rabies shall be established under the direction of the Board of Health. The Board of Health may establish a fee not exceeding five dollars ($5.00) to cover the cost of rabic vaccine, including other materials and other related charges required for each dog inoculated.
Section 6. Removal of Paint Regulated
A permit is required for removal of paint by abrasive blasting, which shall include for all purposes hereunder machine sanding, from any interior or exterior surface of any structure within the Town of Arlington. Such permits shall be granted in writing to the owner of the structure by the Board of Health only upon the following General Terms and Conditions, and subject to such other special terms and conditions as the Board of Health shall find necessary to protect the public health and welfare.
ART. 20, A.T.M. 4/28/99
A. Application for Permit
Application for permit shall be in writing, on a form provided or specified by the Board of Health. Such application shall indicate test results for lead content done by a laboratory approved by the Board of Health. This permit shall be displayed in a conspicuous location during the abrasive blasting operation. "Before commencing work on any housing built before 1978, the contractor must inform the occupants and the owner of the budding of lead paint hazards by distributing a pamphlet entitled "Protect Your Family From Lead in Your Home," of similar lead safety literature."
B. Lead Content
In no case will permits be issued for wet or dry abrasive blasting of the interior or exterior surfaces of structures if the test results for lead indicate the presence of lead based paint.
C. Exterior Abrasive Blasting
Exterior blasting in the absence of lead is allowed only under the following conditions:
1. Such blasting operations shall be sufficiently shrouded to contain particulate matter from entering the ambient air space, to revent visible emissions beyond the vertically extended property line, to prevent public exposure to particulates, and to prevent deposition of particulate matter upon public and other private property.
2. There shall be no abrasive blasting whatsoever if the wind velocity exceeds twenty miles per hour.
3. Enclosure(s) shall not be removed until all external surfaces, including the ground in the vicinity, are thoroughly cleaned of all loose material attributable to the abrasive blasting operation.
D. Interior Abrasive Blasting
Interior blasting in the absence of lead paint is allowed only under the following conditions:
1. All doors, windows, or any openings to the ambient air space must be sealed and/or shrouded to prevent particulates from entering the ambient air space, to prevent visible emissions beyond the vertically ended property line, to prevent public exposure to particulates, and to prevent deposition of particulate matter upon public and other private property.
2. All doors, joints, cracks and other openings adjacent to occupied offices or apartments shall be corked or otherwise sealed to prevent dust from entering said areas.
3. All openings to the ambient air space must remain sealed and/or shrouded during clean-up of abrasive and abraded materials and use of a covered chute with water spray must be used if said materials are deposited from the building to a receptacle below to prevent particulates from entering the ambient air space.
E. Notification
The permittee shall notify the Board of Health of the starting date of abrasive blasting operation.
F. Cleanup
There shall be a complete cleanup of all removed paint, dust particles and/or abrasive materials within two hours of operation shutdown every day.
G. Variance from Regulations
The Board of Health, upon its own initiative or upon application to it by any person, after due notice and public hearing, may vary any provision of these regulations as it may deem necessary with respect to any particular case when, in its opinion, the enforcement thereof would do manifest injustices or cause undue hardships, provided that the decisions of the Board shall not conflict with the spirit of these regulations. The burden of proof of the manifest injustice or causes of hardship shall be the responsibility of the applicant.
H. Enforcement
The permittee is responsible for compliance with all conditions and terms stated herein. Whoever violates this regulation shall be punished, for the first offense, by a fine of not less than fifty dollars nor more than one hundred dollars and for a subsequent offense, by a fine of not less than two hundred dollars nor more than five hundred dollars. For the purpose of this paragraph each day or part thereof of violation of this regulation, whether such violation be continuous or intermittent, shall be construed as a separate and succeeding offense.
I. Violations
Any of the following conditions shall be prima facie evidence of violation of this regulation:
1. Visible emission of particulate matter, beyond the vertically extended property line of the owner of the property on which abrasive blasting is permitted.
2. Deposition of visible amounts of particulate matter upon public or other private property.
3. Failure to obtain express written permission from the Board of Health to engage in an abrasive blasting operation, or after denial of such permission.
Section 7. Enforcement of Regulations
ART. 47, A.T.M., 5/14/97
Any regulations promulgated by the Board of Health may in the first instance be enforced by the non-criminal disposition procedure pursuant to the provisions of §21D of M.G.L. c.40. The enforcement person shall be any duly constituted agent of the Board of Health who shall be a Town employee.
Section 8. Revocation of Permits and Licenses
ART. 48, ATM, 5/14/97
The Board of Health is hereby authorized to suspend or revoke any license or permit it issues for good cause shown after a hearing.
ART. 31, ATM, 4/01
Section 9. Prohibition of Products Containing Mercury
The sale in the Town of devices or products containing mercury, with the exception of fluorescent bulbs, special purpose batteries and medical and dental devices as used by professional medical and dental personnel in medical and dental facilities is hereby prohibited.
ARTICLE 4: VEHICLES - RECREATION
Section 1. Definitions:
“Recreation Vehicle”, shall include the following types of registered or unregistered vehicles: motorized scooters, motorized skateboards, snowmobiles, all-terrain vehicles, go-carts, minibikes, and similarly styled vehicles.
“Motorized Scooter”, any two-wheeled device that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas ‘powered” motor that is capable of propelling the device with or without human propulsion.
“Motorized Skateboard”, any four or eight-wheeled device that is designed to be stood or sat upon by the operator, which may or may not have an upright handlebar for steering, which is powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion.
“Way”, any public highway or private way laid out under authority of Massachusetts General Laws dedicated to public use, including but not limited to Town streets and sidewalks, or any area under the control of the Town of Arlington, Arlington School Department, or Redevelopment Board or body having like powers, including but not limited to school grounds, parks, playgrounds, and parking lots and cemeteries.
Section 2. Recreation Vehicles; Operation Regulations:
No recreational vehicle shall be operated upon any way in the Town of Arlington by any person under sixteen (16) years of age, nor at a speed in excess of twenty-five (25) miles per hour by any person, and no recreational vehicle shall be operated upon any way by any person not possessing a valid operator’s license issued pursuant to GLM Chapter 90, Section 8 or a learner’s permit issued pursuant to GLM Chapter 90 section 8B, or by permit or license given by reciprocity to nonresidents under GLM Chapter 90 Section 3 and Section 10.
Section 3. Exemptions:
The following recreational vehicles shall be exempt from the provisions of this By-Law:
(a) Recreational Vehicles licensed by the Commonwealth of Massachusetts as Motor Vehicles,
(b) Recreational Vehicles used by handicapped persons,
(c) Equipment used for landscaping and snow removal,
(d) Recreation Vehicles used by any governmental agency, and
(e) Recreational Vehicles used during any declared emergency when
authorized by the Chief of Police.
Section 4. Violations and Penalties:
Whoever violates the provisions of this By-Law shall be punished by a fine of
$100.00 for the first offense, and
$200.00 for the second offense, and
$300.00 for the third and each subsequent offense.
Any Recreational Vehicle being operated by a person under the age of sixteen (16) years may be confiscated by the Arlington Police Department and held at the Arlington Police Station until retrieved by a parent or guardian.
Section 5. Enforcement:
The Arlington Police shall enforce the provisions of this By-Law or take any
action related thereto.
ARTICLE 5: GRAFFITI AND VANDALISM
Section 1 Purpose and Intent:
Vandalism and the existence of graffiti within the Town are
considered a public and private nuisance. The purpose of this
bylaw is to protect public and private property from acts of
vandalism and defacement, which is specifically intended to include the application of graffiti on such property. Vandalism and graffiti affects the quality of life of residents, the rights and values of property owners, and the entire Arlington community; therefore, this bylaw shall be strictly enforced. For the purposes of this bylaw, graffiti is intended to mean the intentional painting, marking, scratching, etching, coloring, tagging, or other defacement of any public or private property without the prior written consent of the owner of such property.
Section 2 Prohibited Conduct:
Whoever intentionally, willfully, maliciously, or wantonly destroys,
defaces, mars, injures or applies graffiti to the real or personal property of another including, but not limited to, any part of any public or private building, appurtenance to such building, or any monument, tablet, statue, or other object erected to mark a public place or to commemorate an historic event or figure, or any equipment, apparatus or fixture located on or comprising public property, or any fence, wall, post, traffic signaling device or pole, awning, or any other structure, shall, upon conviction, be punished by the maximum criminal fine allowed by state law, and in addition, shall forfeit to the property owner the reasonable cost of repairing, replacing, removing or obliterating such defacement, graffiti or act of vandalism.
In addition such person shall be subject to a civil fine of two hundred dollars ($200.00) which may be disposed in the first instance by the non-criminal disposition procedure provided in Title IX of the by laws.
Section 3 Enforcement:
Upon determining that graffiti exists on any private or other non-Town owned property and that such graffiti can be viewed from a public place within the Town, the Chief of Police, or his designee, shall mail or deliver a notice to the owner of the property on which the graffiti exists advising the owner that the graffiti must be removed within three business days. In the case of graffiti on private property, the property owner shall, within three business days of delivery of the notice, either remove the graffiti or submit a written request to the Director of Public Works along with a release requesting the Town to enter the property and assist in removing the graffiti. Upon receipt of the property owner’s written request and release, the Director of Public Works, or his designee, shall determine whether the Town can
effectively assist in removal of the graffiti and if so, what procedures it can employ to facilitate such removal. If the Town assists in the removal of such graffiti, the Town shall charge the property owner a fee in the amount of the actual cost of removal.
Failure to remove the graffiti or make such request within three business days shall subject such owner to the provisions of G. L. c. 40, s. 21D and Article 2 of Title IX Enforcement and Fees of these bylaws with a fine of fifty dollars ($50.00) per day each and every day to be considered a separate offense. Any fee charged by the Town for the cost of graffiti removal under this section remaining unpaid after sixty days of notice of such charge shall be subject to the provisions of G.L. c. 40, s. 58.
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