Article V
STREETS AND SIDEWALKS
Section 1. No person shall drive, wheel, propel or draw along any sidewalk a vehicle, except children's carriages or sleds or carriers used by postal workers in the delivery of mail or snow plowing equipment.
Section 2. No persons except employees in the Board of Public Works in the lawful performance of their duties shall make or cause to be made any excavation in a public street or way, for any purpose whatever, without having first obtained written permission from the Superintendent of Public Works. When an excavation is made in a street for any purpose, the person or persons by whom or for whom such excavation has been made, shall cause a rail or other sufficient fence to be placed so as to enclose such excavation and the dirt, gravel or other material thrown there from, and such fence shall be maintained the whole time that such excavation continues.
Such fence, excavation, and material excavated shall be lighted by a lantern, lanterns or other proper and sufficient light, from the beginning of twilight throughout the whole of every night during the entire time that such excavation or obstruction exists.
Section 3. No person shall obstruct a public street or sidewalk by placing or causing to be placed therein any article, including snow, or anything whatsoever and suffer the same to remain in such position, without first having obtained written permission from the Superintendent of Public Works so to do, but nothing herein shall be construed to authorize the issuance of permits for the use of any portion of a highway for business purposes. (5/94)
Tent signs may be placed on public sidewalks so as not to obstruct or impede pedestrian traffic and will be promptly removed after the advertised event. These tent signs will be restricted to a size of 30 inches and by 28 inches. (5/93)
Section 4. Any vehicle on a public way in the town interfering with the work of removing or plowing snow, or removing ice there from, may be removed by or under the direction of the Board of Public Works to a public garage or any convenient place. The Board of Public Works shall, within a reasonable time, notify the Chief of Police of the removal of any such vehicle and of the place to which it has been removed and the Chief of Police shall give like notice to the registered owner of the vehicle. The owner, before being permitted to remove the vehicle, shall establish his right to do so and pay to the town or the keeper of the place of storage, the cost of removal not exceeding fifty dollars ($50), and any storage charges resulting there from, not exceeding ten dollars ($10)
per day.
Section 5. No person shall behave himself in a rude or disorderly manner, or use any indecent, profane or insulting language, in any street, lane, beach, alley or public place in the town, or near any dwelling house or other building therein; or be or remain upon any sidewalk or upon any door step, portico or other projections from any building to the annoyance or disturbance of any person. No person with one or more other persons shall stand or loiter in a group or near such number of persons on any sidewalk, in a public street, or in any public place in the town in such manner as to obstruct the free passage of foot travelers, nor after a request to move on made by any police officer.
Section 6. No water from any conductor, gutter or pipe, shall be allowed to discharge on any sidewalk in the town in such manner as to flow over the sidewalk.
Section 7. No person shall fire or discharge a gun or firearm on any public street of the town, except to a military exercise or review duly authorized by the military authorities of the Commonwealth, or on such occasion as the Selectmen shall specially permit, or in the lawful defense of his person.
Section 7A. No person while on private property shall lawfully discharge a firearm without consent of the owner unless the use and discharge of such firearm is for the lawful defense of the life or property of the person so using and discharging such firearm; provided, however, that this by-law shall not apply to the action of any law enforcement officer in the execution of his duties. Any person violating this by-law shall be subject to a fine not to exceed $20.00 for each such offense.
Section 8. No person for any cause, shall leave any wagon, cart or other vehicle, wood, coal or other articles in any street, way or sidewalk, and suffer the same to remain over night, without maintaining a sufficient light over or near the same throughout the night.
Section 9. No person, unless by leave of the officers of the town having charge of the repairs of highways, shall throw or deposit in any street or on any sidewalk, any ashes, dirt, rubbish or filth of any kind, or any animal or vegetable substance.
Section 10. No person shall put or cause to be put in any catch basin in any highway, any filth, sewage, slops or dirty water.
Section 11. Any vehicle, truck or trailer transporting dirt, soil, sand, small pebbles or stones, leaves, rubbish, debris or gravel on any town way or way to which the public has access, must have the load properly covered.
Section 12. No person shall play at any game in which a ball is used or shoot with bow and arrow or throw stones or other missiles in any street or on any sidewalk within the town.
Section 13. No person, either by himself or by his employees, traveling either by foot, wagon, automobile, motor truck or any other type of conveyance, from place to place, from house to house, street to street, taking or attempting to take orders for sale of goods, wares and merchandise, personal property of any nature whatsoever for future delivery, or for services to be furnished or performed in the future, whether such person has, carries or exposes for sale, a sample of the subject of such sale or whether he is collecting advance payments on such sales or not, within the corporate limits of the Town of Swampscott shall do so without first registering his or her name and residence with the Chief of Police, and receiving a record number and identification card from the said Chief of Police.
Section 13A. No person shall engage in any of the activities set forth in Section 13 hereof between the hours of 6:00 p.m. and 8:00 a.m.
Section 14. No person owning, harboring, or having custody and control of a dog shall permit such dog to be at large in the Town of Swampscott, elsewhere than on the premises of the owner, except it be on the premises of another person with the knowledge and assent of such other person . Any dog elsewhere shall at all times (24 hours a day) be controlled or restrained by any chain or leash and be under the direct control and supervision of its owner or his designee. Dogs are allowed on public beaches for the purpose of exercise and play only between October 1 and May 20 and the following restrictions apply; Dogs must be accompanied by the owner/keeper at all times. Dogs must be leashed to and from the high water mark. From the high water mark to
the water's edge dogs may be off the leash, but under direct control and supervision of the owner/keeper. The pooper/scooper By-Law will apply to the water's edge. Seeing eye and hearing assist dogs are exempt. The owner/keeper will be responsible for the behavior and actions of the dog. Public safety and the safety and well being of other dogs will be observed at all times. Harassment of wildlife is forbidden. Any dog deemed a nuisance, safety or health hazard by the Animal Control Officer will be barred from all public beaches. Any owner/keeper who willfully returns a dog to any public beach for any purpose that has been previously barred will be fined by the Animal Control Officer. Fines established for violation of this by-law are as follows: first offense, $25.00; second and subsequent offense, $50.00. (Adopted 5/92)
Section 14A.
Sub-section One: 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, park, public areas or private property of another.
Sub-section Two: DUTY TO POSSESS MEANS OF REMOVAL: No person who owns, possess or controls such dog shall appear with such dog on any sidewalk, street, park, public area or private property of another without the means of removal of any feces left by such dog.
Sub-section Three: 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 human feces or specifically reserved for the disposal of canine feces, and so disposing of said feces.
Sub-section Four: FINES FOR VIOLATION: Fines for violations of this By-Law, in accordance with Massachusetts General Laws Chapter 140, is $50.00 per offense. (2000)
Sub-section Five: EXEMPTION: This regulation shall not apply to a guide dog accompanying a handicapped person.
Sub-section Six: SEVERABILITY: The provisions of this section are severable and if any of the provisions of this section shall be held to be 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 14B. It shall be unlawful for any dog owner to allow excessive, complaint provoking barking on the part of the dog. Violations of this By-Law shall subject the dog owner to a $25.00 fine for each offense.
Section 14C. Notwithstanding the provisions of MGLA Chapter 140, Section 137 or any other provision of law to the contrary, the annual fees to be charged by the Town of Swampscott for the issuance of licenses for dogs shall be:
Neutered males or spayed females…………………$10.00
Male or females ………………...........................$25.00
Kennel License ..................................................$50.00 (2000)
Further, should any owner or keeper of a dog fail to license that dog before February 1 (or the first business day after January 31), that owner or keeper shall pay a late fee of $5.00 before obtaining said license, excepting a dog brought into Town as provided in Section 138 of Chapter 140, MGLA. (5/89)
Section 14D. A fine of $15.00 per day is established for any owner of an unlicensed dog not accompanied by the owner that has to be picked up by the Animal Control Officer and transported to the animal hospital and/or kennel. (5/93)
Section 15. “Vehicle Parking, Private Ways and Property”
1. It shall be unlawful to obstruct or park a vehicle so as to block a private way from access for fire apparatus to any building.
2. It shall be unlawful to obstruct or park a vehicle in any fire lane hereby established and adopted as part of the Town of Swampscott Fire Prevention Code, Section 28.16, said fire lane to be a distance of not less than twenty (20) feet from the curbing of a sidewalk in a shopping center, theater, or similar locations, said lanes to be marked at said locations.
Any object or vehicle blocking or so parked as to obstruct any fire lane or private way in violation of Section one or two of this by-law may be removed or towed by the town at the expense of the owner and without liability to the town.
Any person whether he be the owner or operator of any vehicle involved in a violation of either Section one or two of this by-law and for being found guilty by a court having jurisdiction thereof shall forfeit the sum of not less than $5.00 for each such violation.
Section 15A. No person, except as provided by law, shall carry on his person or carry on his person under his control in a vehicle, any saber, sword or weapon of like or similar nature; and knife having any type of blade in excess of 2.5 inches or other object or tool so redesigned, fashioned, prepared or treated that the same may be used to inflict bodily harm or other injury to another, except those persons actually engaged in hunting or fishing or employment which requires the use of a knife with a blade in excess of 2.5 inches, and while going directly to and/or returning directly from such activities.
Any person found in the act of violating this section may be arrested without a warrant by any officer authorized to serve criminal process, and shall be punished by a fine of not more than $50 upon conviction.
Section 16. Signs will be erected on all public beaches of the town of Swampscott stating: “NO DOGS ALLOWED ON BEACHES”.
Section 16A. The Town will make temporary repairs of private ways and such temporary repairs shall be made to the following extent and conditions:
Minor repairs, to include minor paving, patching and regarding Drainage shall be at the discretion of the Board of Public Works
Repairs must be required by public necessity
Betterment charges shall be assessed for said repairs to be determined by the Board of Public Works
The Town accepts no liability on account of damages caused by such repairs
A cash deposit shall be required for said repairs at the discretion of the Board of Public Works
Section 17.
(a) No person shall have in his possession alcoholic beverages as defined in Chapter 138, Section 1 of the Massachusetts General Laws., on any playground, school yard or park.
(b) No person shall consume alcoholic beverages as defined above, on any sidewalk, a public way or any way to which the public has the right of access or any place to which the public has access as invitees or license, beach or any town owned property without written approval of the Board or Committee having charge of such premises or property and no person shall in his or her possession any alcoholic beverage where he or she is a trespasser.
(c) No person other than those employed on the premises, a police officer, a municipal employee in the course of his employment or a person engaged in a proper purpose associated with the property shall drive or operate a motor vehicle as defined in Chapter 90, Section 1 of the Massachusetts General Laws or in any playground, school yard or any town owned property.
(d) Any person found in the act of violating this section may be arrested without a warrant.
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