CHAPTER 14.
OFFENSES– MISCELLANEOUS.
§ 14-1. Advertisements– Posting.
§ 14-2. Same– Distributing.
§ 14-3. Curfew for minors.
§ 14-4. Dead animals– Disposition.
§ 14-5. Disorderly conduct; loitering.
§ 14-6. Firearms– Discharging.
§ 14-7. Monoosnock Brook and Nashua River– Depositing materials therein.
§ 14-8. Noise– Generally.
§ 14-9. Same– Bells or horns.
§ 14-10. Nude bathing.
§ 14-11. Spitting.
§ 14-12. Streams– Polluting.
§ 14-13. Trespassing; "Peeping Toms."
§ 14-14. Alcoholic beverages– Consumption or opened containers on public and private lands.
§ 14-15. Littering.
§ 14-16. Enforcement of chapter.
§ 14-17. Noncriminal disposition.
§ 14-18. Enclosure of swimming pools.
Sec. 14-1. Advertisements– Posting.
No person shall post any advertisement or notice upon any shade tree, bridge, fence, guidepost or pole used for the transmission of electricity in the city.
(R. O. 1960, ch. 41, § 12.)
Sec. 14-2. Same– Distributing.
No person shall distribute or cause to be distributed any handbill, circular, program or advertising slip in or upon any street or sidewalk in the city; except, that such handbill, circular, program or advertising slip may be placed within the doors of stores, offices and business houses and at the doors of residences.
(R. O. 1960, ch. 41, § 13.)
As to streets and sidewalks generally, see ch. 20 of this Revision.
Sec. 14-3. Curfew for minors.
(a) Definitions. For the purpose of this section, the following definitions shall be applicable:
"Curfew hours" means 11:00 P.M. on any Sunday, Monday, Tuesday, Wednesday or Thursday until 6:00 A.M. of the following day and 12:01 A.M. until 6:00 A.M. on any Saturday or Sunday.
"Emergency" means an unforseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, a natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
"Establishment" means any privately owned place of business operated for a profit to which the public is invited, including but not limited to any place of amusement or entertainment.
"Guardian" means a person who, under court order, is the guardian of the person of a minor; or a public or private agency with whom a minor has been placed by a court.
"Minor" means any person under eighteen years of age.
"Operator" means any individual, firm, association, partnership or corporation operating, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
"Parent" means a person who is a natural parent, adoptive parent, or stepparent of another person or at least eighteen years of age and authorized by a parent or guardian to have the care and custody of a minor.
"Public place" means any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities and shops.
"Remain" means to linger or stay or fail to leave premises when requested to do so by a police officer or the owner, operator, or other person in control of the premises.
"Serious bodily injury" means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
(b) Offenses.
(1) A minor commits an offense if he remains in any public place or on the premises of any establishment within the city during curfew hours.
(2) A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows, the minor to remain in any public place or on the premises of any establishment within the city during curfew hours.
(3) The owner, operator, or any employee of any establishment commits an offense if he knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
(c) Defenses.
(1) It is a defense to prosecution under subsection (b) of this section that the minor was:
a. Accompanied by the minor's parent or guardian;
b. On an errand at the direction of the minor's parent or guardian, without any detour or stop;
c. In a motor vehicle involved in interstate travel;
d. Engaged in an employment activity or going to or returning home from an employment activity, without any detour or stop;
e. Involved in an emergency;
f. On the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the police department about the minor's presence;
g. Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civil organization or another similar entity that takes responsibility for the minor, or going to or returning from, without any detour or stop, an official school, religious, or other recreational activity supervised by adults and sponsored by the city, a civic organization, or another similar entity that takes responsibility for the minor;
h. Exercising First Amendment rights protected by the United States Constitution, such as the free exercise of religion, freedom of speech, and the right of assembly; or
i. Married or had been married in accordance with chapter 207, section 7 of the Massachusetts General Laws.
(2) It is a defense to prosecution under subsection (b)(3) of this section that the owner, operator or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during curfew hours and refused to leave.
(d) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in a public place. The officer shall not issue a citation under this section unless the officer reasonably believes that an offense has occurred and that, based on any response and other circumstance, no defense under subsection (c) of this section is present.
(e) Violations– Penalties.
(1) Criminal Disposition. A person who violates a provision of this chapter is guilty of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by fine not to exceed three hundred dollars.
(2) Noncriminal Disposition. Any person who violates any provision of this chapter may be penalized by a noncriminal disposition. This chapter shall be enforced by the police department. The penalty for each violation shall be fifty dollars for each day or part of a day during which the violation is committed, continued or permitted.
(R. O. 1960, ch. 41, § 23; 11-14-94.)
Sec. 14-4. Dead animals– Disposition.
No person shall throw the carcass of any dead animal or any other animal substance likely to putrefy into any pond, stream or other body of water or leave such carcass or animal substance on the surface of the ground or insufficiently buried.
(R. O. 1960, ch. 41, § 8.)
As to dogs generally, see ch. 6 of this Revision.
Sec. 14-5. Disorderly conduct; loitering.
No person shall:
(a) Behave himself in a disorderly manner.
(b) Use any indecent or profane language on any street, or other public place.
(c) Be or remain upon any doorstep, portico or other projection from any house or other building after having been requested by any person in charge of such premises or by any constable or police officer to leave.
(d) Be or remain in or loiter in the lobby, hallway or corridor of any hall, theater or other building where a dance, entertainment or other meeting is being held.
(e) Be or remain in any public area, or area to which the public has a right of access, for any purpose not specifically designated for such area or for which purpose such area is not customarily or generally used, unless such person shall have first obtained a permit from the chief of police or other authorized public official.
Such permit may be issued for any specific public assemblage or congregation if, in the opinion of the chief of police or other authorized official, such requested use would not create a public hazard or threat to the safety and passage of the general public.
(R. O. 1960, ch. 41, § 5; 5-10-76).
Sec. 14-6. Firearms– Discharging.
No person shall fire or discharge any gun, pistol or firearm in or across any street; provided, that this section shall not apply to the use of such weapons at any military exercise or review under the authority of a commissioned officer of the militia, or to the lawful defense of the person, family or property of any citizen, or to any person firing a salute of cannon, having been duly authorized.
(R. O. 1960, ch. 41, § 3.)
Sec. 14-7. Monoosnock Brook and Nashua River– Depositing materials therein.
No person shall throw or drop any material of any nature or description into or along the shores of the Monoosnock Brook and the Nashua River within the confines of the city.
(R. O. 1960, ch. 41, § 19.)
Sec. 14-8. Noise– Generally.
(a) Subject to the provisions of the section, the creation of any unreasonably loud, disturbing and unnecessary noise and any noise of such character, intensity and duration as to be detrimental to the life or health of any individual shall be prohibited within the city.
(b) The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but such enumeration shall not be deemed to be exclusive, namely:
(1) The sounding of any horn or signal device on any automobile, motorcycle, bus, street car or other vehicle while not in motion, except as a danger signal, the sounding of any horn or signal device on any such vehicle while in motion, except as a danger signal after or as brakes are being applied and deceleration of the vehicle is intended and the sounding of any such horn or signal device for an unnecessary and unreasonable period of time; provided, that any such noise shall be plainly audible at a distance of one hundred feet.
(2) The playing of any radio, phonograph, musical instrument or other instrument intended or utilized so as to reproduce sound, other than sound reproduction systems operated within a motor vehicle, in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of persons in any dwelling, hotel or other type of residence; provided, that any such noise shall be plainly audible at a distance of fifty feet; provided further, that nothing herein contained shall be construed to prohibit playing by a band or orchestra in a hall, building or in the open air.
(3) The keeping of any animal or bird which by biting or by causing frequent or long continued noise shall disturb the quiet, comfort or repose of any person in the vicinity.
(4) The use of any automobile, motorcycle, street car or other vehicle so out of repair or so loaded in such manner as to create loud and unnecessary grating, grinding, rattling or other noise; provided, that any such noise shall be plainly audible at a distance of one hundred feet.
(5) The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or to stop work or as an alarm or danger signal.
(6) The discharge into the open air of the exhaust of any steam engine, stationary internal combustion engine, motor vehicle, motor boat or outboard motor engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.
(7) The erection, demolition, alteration or repair of any building and any excavation in regard thereto, except between 7:00 A.M. and 9:00 P.M. Monday through Friday, 8:30 A.M. and 5:00 P.M. Saturday and 1:00 P.M. and 5:00 P.M. Sundays, or except in the interest of public safety or welfare, upon the issuance of and pursuant to a permit from the building commissioner which may be renewed for one or more periods of not exceeding one week each.
(8) The creation of any excessive noise on any street adjacent to any school, institution of learning or court while the same is in session or adjacent to any hospital or church which unreasonably interferes with the conduct of the foregoing; provided, that any such noise shall be plainly audible at a distance of twenty-five feet; provided further, that a conspicuous warning sign using appropriate words has been displayed in such street indicating that the same is a school, hospital, church or court street.
(9) The creation of a loud and excessive noise in connection with the loading or unloading of any vehicle or the opening and destruction of bales, boxes, crates and containers.
(10) No sound reproduction system operated within a motor vehicle shall be used in such a manner as to create unnecessary noise for any person other than the driver and passengers in said vehicle.
(R. O. 1960, Ch. 2, § 12; 11-14-94; 8-27-01.)
Sec. 14-9. Same– Bells or horns.
No person shall ring or cause to be rung any bell, use or cause to be used any horn or other instrument in any street or public place in the city to give notice of any business or calling or sale of any article or sell or offer for sale by public proclamation in any street or public place any article, unless duly authorized so to do.
(R. O. 1960, Ch. 41, § 10.)
Sec. 14-10. Nude bathing.
No person in a state of nudity shall bathe in any pond, stream or other place exposed to public view or in the vicinity of any dwelling house between one hour before sunrise and one hour after sunset.
(R. O. 1960, Ch. 41, § 7.)
Sec. 14-11. Spitting.
No person shall spit tobacco juice on the floor of any room in any public building or on the floor of any hall or entrance to any public building of the city.
(R. O. 1960, Ch. 41, § 6.)
Sec. 14-12. Streams– Polluting.
No person shall foul any brook, stream or other body of water with any substance which shall kill the fish therein or create offensive smells therefrom so as to injure the public health or annoy the inhabitants of the city.
(R. O. 1960, Ch. 41, § 9.)
Sec. 14-13. Trespassing– "Peeping Toms."
No person except a police officer in the performance of his duties shall enter upon the premises of another or upon any public property with the intention of peeping into the windows of a house or other building or spying in any manner upon any person therein.
(R. O. 1960, Ch. 41, § 22.)
Sec. 14-14. Alcoholic beverages– Consumption or opened containers on public and private land.
No person shall drink, or possess an open container full or partially full of any alcoholic beverage as defined in Chapter 138 Section 1 of the General Laws of Massachusetts, while on, in or upon any public way, upon any way to which the public has a right of access as invitees, in any park or playground or on private land or place without consent of the owner or person in control thereof. All alcoholic beverages or containers being used in violation of this section shall be seized and safely held until final adjudication of the charge against the person or persons and disposed of as directed by the court.
Any person who violates this section shall be punished by a fine not to exceed one hundred dollars for each offense.
(8-27-73; 6-8-81.)
Sec. 14-15. Littering.
No person shall scatter, throw or otherwise deposit any cans, bottles, paper, peelings, hulls, garbage, trash or other refuse or litter on, in or upon any public way, upon any way to which the public has a right of access as invitees, in any park or playground or on any private land or place without consent of the owner or person in control thereof. Any person who violates this section shall be punished by a fine of up to three hundred dollars for each offense.
(9-13-82.)
Sec. 14-16. Enforcement of chapter.
The health director and all duly appointed police officers are hereby authorized to enforce the provisions of this chapter.