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. Door-to-Door Solicitors
(ART. 13, ATM – 05/04/09)
A. Definitions; applicability
(1) As used in this section, the terms “solicit” and “canvass” shall mean and include any one or more of the following activities conducted at residences without the previous consent of the owner:
(a) Seeking to obtain the purchase, or orders for the purchase, of goods, wares, merchandise, foodstuffs, or services of any kind, character, or description whatsoever for any consideration whatsoever; or
(b) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers, and every other type or kind of publication.
(2) The provisions of this section shall not apply to officers or employees of the Town, county, state, or federal government, or any subdivision thereof when on official business, or to neighborhood youth and students who solicit for the shoveling of snow or cutting of lawns or similar services to residents, nor shall it be construed to prevent route salespersons or other persons having established customers to whom they make periodic deliveries from calling upon such customers.
(3) If any solicitor or canvasser is under the age of 18 years and is selling goods or periodicals for a commercial purpose, the provisions of M.G.L. c. 101, § 34, shall apply.
(4) The provisions of this section shall not apply to any person soliciting solely for religious, charitable, or political purposes.
B. Registration required
It shall be unlawful for any person to solicit or canvass or engage in or conduct business as a canvasser or solicitor without first having obtained a certificate of registration from the Chief of Police as provided in this section.
C. Application for certificate of registration
(1) Application for a certificate of registration shall be made upon a form provided by the Police Department along with a nonrefundable application fee of $25.
(2) An authorized representative of the sponsoring organization shall apply to the Chief of Police or his/her designee either in person or by mail. All statements made on the application or in connection therewith shall be made under the pains and penalties of perjury. The applicant shall provide all information requested on the application, including:
(a) Name, address and telephone number of the sponsoring organization, along with a listing of all officers and directors;
(b) State and/or federal tax identification number of the sponsoring organization;
(c) Name, residential and business address, length of residence at such residential address, telephone number, social security number, and date of birth of each representative of the sponsoring organization who will be soliciting or canvassing in the Town,
(d) Description sufficient for identification of the subject matter of the soliciting or canvassing in which the organization will engage;
(e) Period of time for which the certificate is applied (every certificate shall expire one year from date of issue);
(f) The date of the most recent previous application for a certificate under this section;
(g) Any previous revocation of a certificate of registration issued to the organization or to any officer, director, or representative of the organization by any city or town and the reasons therefor;
(h) Any convictions for a felony, either state or federal, within five years of the application, by the sponsoring organization, any of its officers or directors, or any representative who will be soliciting or canvassing in the Town;
(i) Names of the three communities where the organization has solicited or canvassed most recently;
(j) Proposed dates, hours, and method of operation in the Town;
(k) Signature of authorized representative of the sponsoring organization.
(3) A photograph of each representative of the sponsoring organization who will be soliciting or canvassing in the Town shall be attached to the application.
(4) No certificate of registration shall be issued to any person or to any organization having an officer or director who was convicted of commission of a felony, either state or federal, within five years of the date of the application, nor to any organization or person whose certificate of registration has previously been revoked as provided below.
(5) Fully completed applications for certificates shall be acted upon within five business days of receipt. The Chief of Police shall cause to be kept accurate records of every application received together with all other information and data pertinent thereto and of all certificates of registration issued under this section and of all denials.
(6) Upon approval of an application, each solicitor or canvasser shall be issued a certificate of registration to carry upon his/her person at all times while soliciting or canvassing in the Town and to display the certificate whenever asked by any police officer or any person solicited.
D. Revocation of certificate.
(1) Any certificate of registration issued hereunder may be revoked by the Chief of Police for good cause, including violation of any of the provisions of this section or a false statement in the application. Immediately upon such revocation, the Chief of Police shall give written notice to the holder of the certificate in person or by certified mail addressed to his/her residence address set forth in the application.
(2) Immediately upon the giving of such notice, the certificate of registration shall become null and void. In any event, every certificate of registration shall state its expiration date, which shall be one year from date of issue.
E. Deceptive practices
No solicitor or canvasser may use any plan, scheme, or ruse to misrepresent the true status or mission of any person conducting the solicitation or canvas in order to gain admission to the home, office, or other establishment of any person in the Town.
F. Duties of solicitors and canvassers
(1) It shall be the duty of every solicitor and canvasser going onto any premises in the Town to first examine whether there is a notice posted stating that no solicitors are welcome. If such notice is present, then the solicitor or canvasser shall immediately and peacefully depart from the premises.
(2) Any solicitor or canvasser who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant.
G. Lawful hours to solicit or canvass
All canvassing or soliciting under this section shall be confined to the hours between 10:00 a.m. and 8:00 p.m. throughout the year.
H. Penalty for violations
Violation by a solicitor or canvasser of any provision of this section shall be punishable by a fine of not more than three hundred dollars but violation of M.G.L. c. 101, § 34, shall be punishable by a fine of not more than five hundred dollars or imprisonment of not more than six months, as provided therein.
Section 5. Junk Dealers, (ART 18, ATM 2010)
A. License Required. The Board of Selectmen may license suitable persons to be Junk Dealers in accordance with Sections 54, 55, and 202 through 205 of Chapter 140 of the General Laws. No person may engage in the business of purchase, sale, or barter of junk, old metals, or second-hand articles within the Town without such a license. Any licensed person must comply with the requirements of this section, as well as with any policies or procedures issued by the Board of Selectmen and any specific conditions imposed on a license by the Board of Selectmen in accordance with Paragraph (G), below.
B. Sign Required, Premises. Every person engaged in the business of purchase, sale, or barter of junk, old metals, or second-hand articles, keeping a shop, shall maintain in a conspicuous place in the shop a sign with the name of the owner and occupation legibly inscribed thereon.
C. Records.
(i) Transaction Record. Every dealer licensed under this section (hereinafter, “Licensed Dealer”) shall prepare a record (hereinafter, “Transaction Record”) of the acquisition of any article, good, or item subject to licensing hereunder, regardless of the manner of acquisition. Said record shall be dated and shall include:
(a) The full name, current address, date of birth, and driver’s license number or government-issued identification number of the person selling or bartering the article, good, or item that is received by the Licensed Dealer (hereinafter “Seller”);
(b) A full and accurate description of the article being received, including make, model, serial number(s), and any distinguishing marks or engravings;
(c) The amount paid for the article or other terms of the receipt of the article;
(d) The full name of the employee or other person receiving the article on behalf of the Licensed Dealer;
(e) The number assigned to the transaction under Sub-Paragraph (iii), below;
(f) A clear photograph of the article received by the Licensed Dealer;
(g) A photocopy of the Seller’s driver’s license or other government-issued identification; and
(h) The original signature of the Seller.
If the Chief of Police issues or approves a form to be used for
Transaction Reports, that form shall be used by all Licensed Dealers.
(ii) Transmitting Records to Police Department. Once per week and on the same day each week, every Licensed Dealer shall transmit to the Chief of Police or his designee copies of all Transaction Records reflecting receipt of any and all articles during the previous week. If no articles were received during the previous week, the Licensed Dealer shall so notify the Chief of Police or his designee in writing. These reports shall be transmitted electronically unless alternate arrangements are made with the Chief of Police or his designee.
(iii) Transaction Book. Every Licensed Dealer shall maintain a bound book (hereinafter, “Transaction Book”) with sequentially numbered pages in which all transactions shall be recorded with the information required by Paragraph (i)(a)-(e), above. Each transaction shall be assigned a number in sequential order, which number shall also be printed on or affixed to the article received in the transaction.
(iv) Maintaining Records, Inspection. Every Licensed Dealer shall
maintain all Transaction Records and Transaction Books on site for a period of at least three years from the date of the last transaction recorded. All Transaction Records and Transaction Books shall be open to inspection by the Chief of Police or his designee at any time.
D. Receipt of Items.
(i) From Minors, Prohibited. No Licensed Dealer shall purchase,
barter for, or otherwise acquire -- directly or indirectly -- any article from anyone under the age of 18.
(ii) Questionable Status, Reporting. Any Licensed Dealer receiving any article under circumstances that would cause a reasonable person in the position of the Licensed Dealer to question whether the article might be stolen shall immediately report receipt of the article to the Chief of Police or his designee and shall immediately make the article available to the Police Department for inspection and identification.
E. Holding Period. No Licensed Dealer shall sell, barter, exchange, encumber, remove from the premises, or otherwise dispose of any article received under this section, or disguise, secrete, or alter the appearance of any such article until 30 days have elapsed since receipt of the article and until the Transaction Record detailing the article’s receipt has been transmitted to the Chief of Police or his designee.
F. Inspections. The shop of any Licensed Dealer and its contents regulated under this section shall be open to inspection by the Chief of Police or his designee at any time the shop is open for business.
The Chief of Police or his designee may report any violation of this section to the Board of Selectmen and/or may issue a notice of violation and penalty to the Licensed Dealer, as provided below.
G. Enforcement. The following penalties shall apply to violations of this section and shall be enforceable through criminal indictment or complaint under Section 21 of Chapter 40 of the General Laws or by non-criminal disposition under Section 21D of Chapter 40 of the General Laws:
1st offense in calendar year $100
2nd offense in calendar year $200
3rd and subsequent offense in calendar year $300
In addition, for one or more violations of this section over any period of time, the Board of Selectmen may revoke any license in accordance with Section 54 of Chapter 140 of the General Laws or may impose any other sanction up to revocation, including but not limited to written warning, probation, imposition of conditions, or suspension.
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
(ART. 40, ATM – 05/08/91 (ART. 17, ATM – 04/26/06)(ART. 19, ATM – 04/27/11)
Violations of Sections 2 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 offense By a fine of $150.00
Fourth and each subsequent offense By a fine of $200.00
The Park and Recreation Commission shall provide for a hearing process to consider community input regarding the creation, placement and use of dog parks, dog runs or dog exercise areas. The Commission shall adopt rules and regulations concerning these hearings subject to the approval of the Town Manager.
D. Notwithstanding the foregoing, from park opening time until 9 am, a maximum of two dogs per handler may be off-leash, under effective owner control, in all lands under control of the Parks and Recreation Commission except (ART 36, ATM 2010):
1. those lands directly contiguous to school properties;
2. within 15 feet of playground equipment;
3. by specific exclusion of the Parks and Recreation Commission.
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.
Failure to comply with this section within 45 days of the date that the licensing or re-licensing obligation arises shall be punishable by a fine of $50 and failure to comply with this section within 90 days of the date that the licensing or re-licensing obligation arises shall be punishable by an additional fine of $50.
The Finance Committee is requested to apply revenue attributable to the fines described above and any increase in dog-licensing fees adopted on or after March 15, 2009, to be applied to fund animal-control efforts.
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.
(ART. 17, ATM – 05/04/2009) – DELETION OF SECTION 5, RABIES VACCINATION CLINIC REMAINING SECTIONS WERE RENUMBERED
Section 5. Removal of Paint Regulated, ART 19, ATM 2010
A permit is required for removal of paint by abrasive blasting, which shall include machine sanding, from any interior or exterior surface of any structure within the Town of Arlington. Such permits shall be granted in writing by the Board of Health only in accordance with the Town of Arlington Board of Health Rules and Regulations for Paint Removal. Violations of this section shall be punishable by a fine of $50 for the first offense and $200 for any subsequent offense. This section may be enforced by non-criminal disposition in accordance with G.L. c. 40, § 21D.
Section 6. 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 7. 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 8. 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.
ARTICLE 6: MOBILE FOOD VENDORS
(ART. 14, ATM – 05/04/09)
Definitions. “Mobile food vendor,” a mobile operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption either on or off premises, regardless of whether there is a charge for the food.
Permits. No one may operate as a Mobile Food Vendor within the Town without a permit from the Arlington Board of Health. Any person applying for a permit must be duly licensed to operate a motor vehicle in the Commonwealth of Massachusetts or duly licensed in the state in which they reside. The operator of the vehicle must provide a valid State Hawker’s license issued by the Commonwealth of Massachusetts before a Permit to Operate a Mobile Food Vehicle will be issued.
Vehicles. Mobile food vendor operations shall have identification, such as person’s name and/or business name, city and telephone number in letters not smaller than three inches, on the left and right door panels of the vehicle or on the left and right sides of the trailer. Any hawker who sells frozen desserts from a motor vehicle must equip said vehicle with a flashing amber dome light and front and rear warning lights which shall flash alternately and which shall be kept flashing when such vehicle is stopped for the purpose of selling frozen desserts, in accordance with Chapter 101, section 16A, of the Massachusetts General Laws.
Operation. Mobile Food Vendors operating within the Town may not:
(1) stand in one place in any public place or street for more than ten minutes unless actively vending;
(2) vend within 150 feet of any school between the hours of 8:00AM and 3:00PM on school days during the school year;
(3) stop or remain on any crosswalk;
(4) park or remain within fifteen feet of any intersection;
(5) vend in the parking lot of the Arlington Reservoir (bathing beach) located on Lowell Street at any time;
(6) drive in reverse in order to make or attempt a sale; or
(7) vend after 8:00PM or sunset, whichever is later, except or sporting events at illuminated Town fields.
ARTICLE 7: PUBLIC CONSUMPTION OF MARIHUANA OR TETRAHYDROCANNABINOL
(ART. 16, ATM – 05/04/09)
Section 1. No Public Consumption.
No person shall smoke, ingest, or otherwise use or consume marihuana or tetrahydrocannabinol (as defined in General Laws Chapter 94C, Section 1, as amended) while in or upon any street, sidewalk, public way, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, schoolhouse, school grounds, cemetery, parking lot, or any area owned by or under control of the Town, or in or upon any bus or other passenger conveyance operated by a common carrier within the Town, or in any place accessible to the public within the Town.
Section 2. Violation and Penalties. (Amended ART 18, ATM 2010)
Violation of Section 1 is punishable by a fine of $300, enforceable through criminal indictment or complaint under General Laws Chapter 40, Section 21 or by non-criminal disposition under Gen Laws Chapter 40, Section 41D. Any penalty imposed under this Bylaw shall be in addition to any civil penalty imposed under G.L. c. 94C, § 32L.
ARTICLE 8: KEEPING OF HENS/POULTRY
(ART.12, ATM – 05/06/09)
SECTION 1. Purpose
a. The purpose of this bylaw is to regulate the keeping of hens for the purposes of pets, home egg production, gardening, or similar purposes. This bylaw details the obligations of the hen keeper so as to prevent a nuisance to surrounding lots or any public health concerns, as well as the permit issuing process.
SECTION 2. Definitions
a. Hen – a female chicken. “Chicken” may also be used to refer to hens.
b. Henhouse or coop – a structure designed to house chickens.
c. Pen or run – a completely enclosed outdoor area designed to allow chickens access to the outdoors while providing protection from predators.
d. Predator – any creature that would seek to harm or consume chickens.
e. Pests – any unwanted animal that would seek access to chicken feed, such as mice or rats.
SECTION 3. Nuisance Control
a. Noise.
i. No roosters (male chickens) are permitted.
ii. The number of hens shall be limited to 6.
iii. Perceptible noise from chickens at the property boundary must conform to all existing noise bylaws.
b. Odor.
i. Odors from chickens, chicken manure, or other chicken-related substances shall not be perceptible at the property boundaries.
ii. If possible, waste must be composted with carbonaceous material such as hay, bedding, or leaves. If the weather is too cold, or composting is otherwise not possible, waste must be stored in a sealed container until disposal.
iii. Weekly cleaning of henhouses is required, more frequent cleanings may be required as needed to prevent odor.
iv. The henhouse and attached pen must conform to all relevant property setbacks for accessory structures as specified in sections 6.18 and 8.23 of the zoning bylaws.
c. Other
i. All chickens shall be confined to the permit holder’s property at all times to prevent wandering and straying onto other properties.
SECTION 4. Predator and Pest Control.
a. Chicken feed must be stored securely in a rodent-proof container.
b. Chicken feed leftover from feeding may not remain past dusk in an area accessible to rodents or other pests.
c. Henhouse construction
i. Henhouse and attached pen must be constructed securely so as to exclude predators.
ii. The pen must be completely enclosed, including aviary netting or other predator-proof material across the top of the pen.
iii. Henhouse and food sources must be constructed and stored so as to exclude pests.
d. Necessary measures must be taken to prevent a buildup of pest or rodent populations due to the presence of hens on the property.
SECTION 5. Health & Disease Concerns
a. Hens must be enclosed and segregated from wild migratory fowl. They may only be allowed out of the enclosure into a securely fenced area when supervised.
b. All henhouses shall be located not less than 200 feet from the high water mark of any known source of drinking water supply or any tributary thereof, and not less than 50 feet from any well.
c. The Board of Health or its agent may order the removal of the chickens upon a determination that the chickens pose a health risk.
d. Chickens may not be slaughtered on a residential property within the border of the Town of Arlington
e. If a chicken dies, it must be disposed of promptly in a sanitary manner.
SECTION 6. Humane Treatment
a. Chickens must be treated in a humane manner at all times, including access to fresh food, water and protection from the elements as needed.
b. Chickens shall not be subject to debeaking or forced moulting.
c. The henhouse must have a minimum interior floor surface of at least 2 square feet per bird.
d. A pen area is required and must have a minimum ground surface of at least 5 square feet per bird.
SECTION 7. Regulation and Permit Process
a. No person shall keep hens within the limits of the Town of Arlington, in any building, or on any premises of which he is the owner, lessee, tenant or occupant, without first obtaining an annual permit from the Board of Health.
b. In order to receive a permit the following must be completed:
i. A completed application form provided by the Board of Health;
ii. A submitted plan drawn to scale which includes the following information: Size of entire lot with existing structures as well as the henhouse and pen, including fences; distance of henhouse and pen from all abutters;
iii. A submitted written maintenance plan describing cleaning schedule, pest and predator control measures, and nuisance prevention measures.
iv. Verification that all abutters have been notified, not more than thirty(30 but no less than fourteen (14) days in advance of the hearing before the Board or its Agent, of the applicant’s intent. Such verification shall be in the form of a signed letter or receipt from the U.S. Post Office that a certified letter has been received by each abutter.
v. If the property where the hens are to be located is owned by multiple owners, written statements signed by all property owners granting permission.
c. Action by Health Department on Initial Permit
i. Upon receipt of a completed application as defined above, the Board or its Agent shall inspect the property;
ii. The Board or its Agent shall provide a hearing for the applicant to speak regarding their application, and for abutters to express any concerns, questions, support or opposition to the application. The Board or its Agent may require the applicant to furnish additional information needed to make a determination whether to grant the permit.
iii. The Board or its Agent(s) shall act on the completed application. Notice of the Board’s or its Agent(s)’ decision shall be mailed to the applicant within seven (7) working days of the decision and will include any conditions imposed by the Board or its Agent(s);
iv. If the permit is issued, it shall be issued to the owner of the property or the tenant of the property with the written permission of the property owners. If permission from the property owners is rescinded, the permit shall be valid until the end of its annual renewal period; and
v. The issuance of such permit does not in any way relieve the permitee of the necessity to comply with other laws and regulations concerning zoning and construction. A henhouse and attached pen is considered an accessory structure similar to a greenhouse for zoning purposes.
d. An initial inspection fee or an annual renewal fee for a permit shall be set by the Town Manager in consultation with the Board of Health. The appropriate fee shall be paid at the time the application is submitted for review. The fee shall not exceed the expected cost of processing the application.
e. Fines may be charged for re-inspection or violations of this article, to cover the cost of any personnel time or expense. The amount of any fines may be set by the Board of Health; the amount of such fines shall be publicly known in a manner that is customary and consistent with other Board of Health processes.
f. Any violation of the provisions of this article or of the permit shall be grounds for an order from the Code Enforcement Officer to revoke the permit, and remove the chickens and the chicken-related structures.
SECTION 8. Severability
a. 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.
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