THE FOLLOWING CODE WAS REPLICATED FROM THE CHELSEA MUNICIPAL CODE REVISED AND REPUBLISHED JANUARY 1, 2000 BY BOOK PUBLISHING COMPANY. PLEASE CONTACT THE CHELSEA CITY CLERK AT (617) 889-8226 FOR UPDATES AND REVISIONS.
PLEASE NOTE THAT ANY IRREGULARITIES THAT APPEAR IN THIS DOCUMENT ARE A RESULT OF CONVERTING THE ORGINAL DOCUMENT TO AN ELECTRONIC FORMAT.
Chapters:
1 General Provisions
2 Public Offenses
3 Finance
4 Municipal Inspections
5 Traffic Control
6 Public Works
7 Public Safety
8 Health and Human Services
9 Licensed Activities
10 Zoning
Chapter 1 GENERAL PROVISIONS
Sections:
Article I. General Provisions
Sec. 1-1. Citation of ordinances.
Sec. 1-2. Rules of construction and definitions.
Sec. 1-3. Rules of construction.
Sec. 1-4. Severability.
Sec. 1-5. Catch-lines of sections.
Sec. 1-6. Recodification and review.
Sec. 1-7. General penalty: criminal and non-criminal disposition.
Sec. 1-8. Disposition of fines and penalties.
Sec. 1-9. Persons liable for violation of ordinances.
Sec. 1-10. Territorial applicability.
Sec. 1-11. Enactment clause of ordinances.
Sec. 1-12. Forms of expression used by the city council.
Sec. 1-13. Recordation and preservation of ordinances.
Sec. 1-14. Publication of ordinances.
Sec. 1-15. Altering or tampering with these Ordinances.
Sec. 1-16. Amendments.
Sec. 1-17. City seal described.
Sec. 1-18. City clerk to be custodian of seal.
Secs. 1-19. 1-24. Reserved.
Article II. Code of Ethics
Sec. 1-25. Introduction.
Sec. 1-26. Definitions.
Sec. 1-27. Retaliatory action.
Sec. 1-28. Improper influence.
Sec. 1-29. Illegal gifts surrendered to city treasurer.
Sec. 1-30. City-owned property.
Sec. 1-31. Use or disclosure of confidential information.
Sec. 1-32. Interest in city business.
Sec. 1-33. Employment of relatives.
Sec. 1-34. Prohibited acts by members of the city council.
Sec. 1-35. Prohibited acts by school committee members.
Sec. 1-36. Advisory opinions.
Sec. 1-37. Penalties.
Sec. 1-38. Other remedies.
Sec. 1-39. Conflict with other laws.
Sec. 1-40. Distribution of code; training provisions.
Secs. 1-41. 1-50. Reserved.
Article I. General Provisions
Sec. 1-1. Citation of ordinances.
The ordinances contained in this chapter and the chapters following shall constitute and be designated as The Ordinances of the City of Chelsea, 1994 and shall be so cited.
Sec. 1-2. Rules of construction and definitions.
In the construction of the Ordinances of the City of Chelsea, 1994, the following rules of construction shall be observed, unless such construction would be inconsistent with the manifest intent of the city council, the context of the provisions of the ordinances, or unless other definitions are laid out in the individual chapter.
Administrative code shall mean the Administrative Code of the City of Chelsea, enacted pursuant to section 6-1 of the City Charter as most recently amended, and shall refer to the organization, functions, and procedures of the city agencies.
Agency shall mean any appointed multiple member body, department, other administrative unit or other division of the government of the city.
City shall mean the city of Chelsea, in the county of Suffolk, and the Commonwealth of Massachusetts.
CMR or the words Code of Massachusetts Regulations shall mean the official administrative regulations of the state of Massachusetts.
City Charter or charter shall mean the Charter of the city of Chelsea, 1994, as contained in Chapter 103 of the Acts of 1994.
Commonwealth shall mean the Commonwealth of Massachusetts.
Council shall be construed to mean the city council of the city of Chelsea.
County or this county shall mean the County of Suffolk in the Commonwealth of Massachusetts.
Employee shall mean an individual, other than an official, compensated by the city or any city agency, whether part-time or full-time, whether as a common law employee or independent contractor.
Following shall mean next after.
Manager shall be construed to mean the city manager of the city of Chelsea.
Month shall mean a calendar month.
Oath shall be construed to include an affirmation in all cases in which by law an affirmation may be substituted for an oath, and in such cases the words swear and sworn shall be equivalent to the words affirm and affirmed .
Official or officer shall mean any person holding any elected office of the city or any appointed position of the city, including members of all city boards and commissions.
Ordinance shall mean the individual sections of these ordinances, identified by a section number, as follows Sec. ___-___ .
Ordinances shall mean The Ordinances of the City of Chelsea, 1994 as most recently amended, and shall refer to those vote or orders of the city council designed for the permanent regulation of any matter within the jurisdiction of the city council as laid down in the city charter.
Owner shall be construed to mean and include every person who alone or severally with others (a) has legal title to any building or land; or (b) has care, charge, or control of any building or land in any capacity, including but not limited to, agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of the legal title, or (c) is a lessee under a written letting agreement; or (d) mortgagee in possession; or (e) is a agent, trustee or other person appointed by the courts.
Person shall extend and be applied to associations, businesses, corporations, firms, partnerships, committees, unions and bodies politic and corporate, as well as to individuals.
Personal property shall be construed to mean and include every species of property, except real property as defined in this chapter.
Preceding shall mean next before.
Real property shall be construed to mean and include land, together with all things attached to the land so as to become a part thereof.
Regulation or regulations shall mean the rule, or rules of any officer, board or commission, excluding the city council, which is or are designed for the permanent regulation of any matter within the jurisdiction of the said board, commission, or officer as laid down by the city charter, the administrative code, or these ordinances.
Statute references. Whenever reference is made to G.L. c. ____, § ____, or to Mass.Gen.L. c. _____, § _____, it shall mean the Massachusetts General Laws, as most recently amended.
Street or way or highway shall include streets, highways, avenues, roads, alleys, sidewalks, lanes, viaducts and all other public ways in the street, including any bridge which is part thereof, all of which shall have been decreed, dedicated or accepted by the city.
Tenant or occupant when applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others.
Written or in writing shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.
Year. The word year shall be construed to mean a calendar year.
Sec. 1-3. Rules of construction.
In the construction of this code and of all ordinances, the following rules of construction shall be observed, unless inconsistent with the manifest intent of the council or the context of the ordinance clearly requires otherwise:
(a) Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last calendar day, and if the last day is a Sunday or a legal holiday, that day shall not be counted in the computation.
(b) Conflicting provisions. If any provisions of this code conflicts with one another, accepted rules of statutory construction shall be applied to resolve the conflict.
(c) Definitions. Unless expressly otherwise provided, definitions given within a chapter, article or section shall apply only to words or phrases used in that chapter, article or section.
(d) Delegation of authority. Whenever a provision of these ordinances appears requiring the head of a department or some other officer of the city to do some act or perform some duty, or granting some right to such official, it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty, or it shall grant to them such right, unless the terms of the provisions designate otherwise.
(e) Gender. A word importing only the male gender shall extend and be construed as to apply to the female gender and to firms, partnerships and corporations, as well as to males. A word importing the female gender only shall extend and be construed as to apply to the male gender and to firms, partnerships and corporations as well as to females.
(f) Joint authority. Words purporting to grant joint authority to three (3) or more officers or other persons shall be construed as giving such authority to a majority of such officers or persons.
(g) Number. A word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing.
(h) Tense. Words used in the past or present tense shall include the future, as well as the past and present, unless the context clearly indicates otherwise.
(i) Time. Words stating a time or hour of a day shall mean the official time of the city.
(j) All chapters and ordinances shall, unless expressly otherwise provided, be interpreted according to the terms and conditions provided in this chapter. (Amended 3-10-97)
Sec. 1-4. Severability.
It is hereby declared that the sections, paragraphs, sentences, clauses and phrases of this code are severable; and if any phrase, clause, sentence, paragraph or section of this code shall be declared unconstitutional, invalid or inoperative by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of these ordinances.
Sec. 1-5. Catch-lines of sections.
The catch-lines of the several sections of these ordinances printed in boldface type are intended as mere catchwords to indicate the contents of the sections, and shall not be deemed to be taken to be titles of such sections nor any part thereof.
Sec. 1-6. Recodification and review.
Pursuant to section 9-9 of the Charter of the city of Chelsea, 1994, for the year following the initial review of the city charter, under section 9-8 of the Charter, and at five year intervals thereafter, the city council shall cause to be prepared a proposed recodification of all city ordinances, and any revisions thereto deemed appropriate or necessary. The city council shall adopt the proposed revision or recodification with or without amendment prior to the expiration of the calendar year in which such recodification and revisions are submitted to the council. Such revisions or recodification shall be prepared under the supervision of the city solicitor, or if the city council so directs, by special counsel retained for such purposes.
Sec. 1-7. General penalty: criminal and non-criminal disposition.
(a) Any person who violates a provision of these ordinances or of any ordinance of the city, whether included in these ordinances or any hereafter enacted, whereby any act or thing is enjoined, or prohibited or required, shall unless other provision is expressly made, be liable for a penalty as set forth in subsection (c) herein for each offense; provided, however, that whenever a higher penalty is permitted under the General Laws of Massachusetts, such higher penalty shall be the maximum penalty for each offense; and provided, further, that this section shall not preclude the city from proceedings to restrain the violation of any provision of these ordinances by injunction where such proceeding is more apt. In all instances, except as otherwise
provided, each day a violation continues shall constitute a separate offense.
(b) Whoever violates any provision of these ordinances, the violation of which is subject to a specific penalty, may also be penalized by a non-criminal disposition as provided in the General Laws, chapter 40, § 21D. The non-criminal method of disposition may also be used for violations of any rule or regulation of any municipal officer, board or department, which is subject to a specific penalty.
In the absence of a specific schedule of penalties, as provided for in subsection (c), all ordinances whether included in these ordinances or any hereafter enacted, may be enforced by police officers through non-criminal disposition as deemed appropriate according to the following schedule:
General Schedule of Non-criminal Fines
First Offense $ 50.00
Second Offense 150.00
Third Offense 300.00
(c) Notwithstanding the provisions of the section (a) or (b) of this section 1-7, it is the intention of this subsection that the following ordinances, and regulations are to be included within the scope of the non-criminal disposition for violation of ordinances according to Chapter 40, section 21D of the General Laws. The specific penalties, as listed herein, shall apply in such cases. The following municipal personnel shall be enforcing persons for the purposes of this subsection. Enforcing persons may, in their sole discretion, issue a written warning, in lieu of a fine, for first time violations.
Ordinance Fine Enforcing Personnel
Animal Control $ 25 First Offense Animal Control Officer,
Sec. 8-10 8-49 50 Second Offense Police Officers
75 Third Offense
100 Fourth Offense
Building Code $ 50 First Offense Building Inspectors
Sec. 4-3 150 Second Offense
300 Third Offense
Electrical Permits $ 50 First Offense Electrical Inspector
Sec. 4-50, Sec. 4-53 150 Second Offense
300 Third Offense
Certificate of Habitability $ 50 First Offense Building Inspectors
Sec. 4-13 150 Second Offense Code Enforcement Inspectors
300 Third Offense Police Officers
Dumpsters $ 50 First Offense Building Inspectors
Sec. 4-185 4-209 150 Second Offense Code Enforcement Inspectors
300 Third Offense Police Officers
Fire Prevention
Ordinance Fine Enforcing Personnel
Duty to Keep Property Clean $ 50 First Offense Building Inspectors
Sec. 4-115, 4-123 150 Second Offense Code Enforcement Inspectors
300 Third Offense Police Officers
Fire Prevention Officer
Toxic or Hazardous Materials $ 50 First Offense Code Enforcement Inspectors
Sec. 4-100 4-209 150 Second Offense Fire Dept. Personnel or Designee
300 Third Offense Police Officers
Liquified Gases $ 50 First Offense Code Enforcement Inspectors
Sec. 7-46 150 Second Offense Fire Dept. Personnel or Designee
300 Third Offense Police Officers
Hydrant Use $ 50 First Offense Pub. Works Dept. Personnel/
Designee
Sec. 6-78, 6-99 150 Second Offense Fire Dept. Personnel or Designee
300 Third Offense Police Officers
Licensing $ 25 First Offense Licensing Commission
Sec. 9-1 9-200 50 Second Offense Police Officers
100 Third Offense Building Inspectors
Code Enforcement Inspectors
Noise Ordinance Warning First Offense Police Officers
Sec. 9-1 9-200 $ 50 Second Offense
150 Third Offense
300 Fourth Offense
Open Containers $100 First Offense Police Officers
Sec. 2-1 200 Second Offense
300 Third Offense
Public Works $ 50 First Offense Pub. Works Dept. Personnel/
Designee
Sec. 6-1 6-114 150 Second Offense Police Officers
300 Third Offense
Sanitary Code $ 50 First Offense Building Inspectors
Sec, 4-4, 4-5 150 Second Offense Code Enforcement Inspectors
300 Third Offense Police Officers
Ordinance Fine Enforcing Personnel
Streets and Sidewalks $ 50 First Offense Pub. Works Dept. Personnel/
Designee
Sec. 6-115 6-159 150 Second Offense Police Officers
300 Third Offense Fire Prevention Officer
Solid Waste Collection $ 50 First Offense Pub. Works Dept. Personnel/
Designee
Sec. 4-150 4-174 150 Second Offense Police Officers
300 Third Offense Code Enforcement Inspectors
Zoning Ordinance $ 50 First Offense Zoning Enforcement Officer
Sec. 10 150 Second Offense Building Inspectors
300 Third Offense
(Amended 6-8-98; amended 10-16-95)
Sec. 1-8. Disposition of fines and penalties.
All fines and penalties provided for pursuant to or included in these ordinances, except otherwise specially provided for, shall inure to the use and benefit of the city, and shall be credited to the general revenue account.
Sec. 1-9. Persons liable for violation of ordinances.
When an act is prohibited by an ordinance, not only the persons actually doing the prohibited act, but also the employers and all other persons concerned therein, shall be liable to the penalty prescribed therefor.
Sec. 1-10. Territorial applicability.
These Ordinances shall refer only to the omission or commission of acts within the territorial limits of the city and to that territory outside the city over which the city has jurisdiction or control by virtue of any constitutional or Charter provisions or any law.
Sec. 1-11. Enactment clause of ordinances.
All ordinances of the city shall be denominated ordinances; and the enacting style shall be, Be it ordained by the city council of the city of Chelsea, as follows:.
Sec. 1-12. Forms of expression used by the city council.
Whenever the city council expresses anything by way or command, the form of expression shall be ordered , and when such council expresses opinions, principles, facts or purposes the form shall be resolved .
Sec. 1-13. Recordation and preservation of ordinances.
All ordinances shall be recorded legibly by the city clerk without interlineation or erasure in a book to be kept for that purpose made of suitable paper with proper margins and index, which book shall be preserved in the office of the city clerk, and open for public inspection during the business hours of city hall.
Sec. 1-14. Publication of ordinances.
Upon final passage, notice of every ordinance, appropriation order or loan authorization shall be published by the city clerk in at least one newspaper of general circulation within the city within fourteen days, and posted on the city bulletin board. Any such publication notice required shall state the summary of the finally enacted ordinance or ordinances, appropriation order or loan authorization, and the times and places at which copies of such measures may be obtained or reviewed by the public.
Statutory reference-Chelsea Charter Act, Chapter 103 of the Acts of 1994, section 2-7(d)
Sec. 1-15. Altering or tampering with these Ordinances.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of these Ordinances, or to alter or tamper with these Ordinances in any manner whatsoever which will cause the law of the city of Chelsea to be misrepresented thereby. Any one violating this section shall be subject to a fine of not more than three hundred dollars ($300.00).
Sec. 1-16. Amendments.
(a) All ordinances passed subsequent to the adoption of these ordinances, which may amend, repeal or in way affect the same may be numbered in accordance with the numbering system of these ordinances and printed for inclusion herein. In the case of repealed chapters, sections and subsections or any part thereof by subsequent ordinances, such repealed portions may be excluded from these ordinances by omission from reprinted pages affected thereby. The subsequent ordinance(s) as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinance(s), until such time that these ordinances and subsequent ordinance(s) numbered or omitted are readopted as a new ordinances by the city council.
(b) Amendment to any of the provisions of these ordinances shall be made by amending such provisions by specific reference to the section number of this ordinances in substantially the following language: That section _________ of the Code of Ordinances of the City of Chelsea, Massachusetts, is hereby amended to read as follows:..... The new provisions should then be set out in full as desired.
(c) At least once in every year, the city clerk shall publish the amended language of this code on the appropriate pages, so that they may be inserted in place of the original pages. The codes and updates so published shall be the official version of this code. (Amended 3-10-97)
Sec. 1-17. City seal described.
The following shall be the device of the corporate seal of the city: A representation within a circle of a shield surmounted by a star, the shield bearing upon it the representation of an American Indian chief and wigwams; at the right of the shield, a sailboat such as was formerly used for ferriage; at the left of the shield, a view of the city and a steam ferryboat; under the shield, the word Winnisimmet ; around the shield, the words Chelsea, settled 1624; a Town 1739; a City 1857 .
Statutory reference: Duty to establish city seal, Mass.Gen.L., c. 40, § 47.
Sec. 1-18. City clerk to be custodian of seal.
The city clerk shall be the custodian of the city seal.
Statutory reference: Duty to establish city seal, Mass.Gen.L., c. 40, § 47.
Secs. 1-19. 1-24. Reserved.
Article II. Code of Ethics
Sec. 1-25. Introduction.
This article establishes detailed standards of conduct for officials and employees of the city of Chelsea, subsequent to chapter 268A, section 23 of the Massachusetts General Laws. The basic rules of conduct set forth in chapter 268 and 268A of the General Laws also apply to all city officials and employees.
Sec. 1-26. Definitions.
Whenever used in this article, the following terms shall have the following meanings:
City contractor. The words City contractor shall mean any person (including agents or employees acting within the scope of their employment) who is paid from the city treasury or under city auspices, for goods or services, regardless of the nature of the relationship of such person to the city for purposes other than this chapter.
Contract management authority. The words contract management authority shall mean personal involvement in or direct supervisory responsibility for the formulation or execution of a city contract, including without limitation, the preparation of specifications, evaluation of bids or proposals, negotiation of contract terms or supervision of performance.
Economic interest. The words economic interest shall mean a financial interest, whether vested or contingent, legal or beneficial, with a present fair market value of greater than two hundred fifty dollars ($250.00), which is distinguishable from that of the public generally.
Gift. The word gift shall mean a delivery of goods, payment, entertainment, subscription, advance services or anything of value, unless consideration of equal or greater value is received. If items are furnished or services are rendered for less than the fair market value, the difference between the fair market value and the prices shall be treated as a gift. Gift shall not include a political contribution reported as required by law, a commercially reasonable loan made in the ordinary course of business, anything of value received by inheritance, or a gift received from a family member or from a relative within the third degree of consanguinity of the reporting person or of the reporting person s spouse or from the spouse of any such
relative.
Relative. The word relative shall mean a person who is related to an official or employee as spouse, as a descendent of any grandparent of such official or employee, whether by the whole-or half-blood or by adoption, or as spouse of any of the foregoing and any person who resides with an employee or an official.
State Ethics Law. The words state ethics law shall mean and refer to chapter 268A of the General Laws.
Sec. 1-27. Retaliatory action.
No official or employee shall intimidate, threaten, coerce, or otherwise take adverse action against any individual who in good faith makes a complaint to the city manager or the state ethics commission regarding any alleged violation of this or the state ethics code by any official or employee of the city.
Sec. 1-28. Improper influence.
No official or employee shall make, participate in making or in any way attempt to use such official s or such employee s position, influence or power to influence or affect any city governmental decision or action in which such official or employee knows or has reason to know that such official or employee has any economic interest distinguishable from its effect on the public generally or, with respect to the city council, any economic interest distinguishable from its effect on all councilors generally.
Sec. 1-29. Illegal gifts surrendered to city treasurer.
Any gift given in violation of the provisions of chapter 268A of the General Laws shall be surrendered to the treasurer, who shall add the gift to the inventory of city property.
Sec. 1-30. City-owned property.
No official, employee or city contractor shall engage in or permit the unauthorized use of city-owned property or any other property being held by the city for public purposes.
Sec. 1-31. Use or disclosure of confidential information.
No current or former official or employee shall use or disclose, other than in the performance of his official duties and responsibilities, or as may be required by law, confidential information gained in the course of or by reason of his position or employment. For purposes of this section, confidential information means any information that is not made available to the general public on request or could not be obtained pursuant to the Massachusetts Public Records Act, chapter 66 of the General Laws, as amended.
Sec. 1-32. Interest in city business.
No elected official or his or her spouse shall have a financial interest, directly or indirectly, in the name of the official or employee or in the name of any other person in any contract, work or business of the city or in the sale to the city of any property or service, whenever the expense, price or consideration of the contract, work, business or sale is paid with funds belonging to or administered by the city, or is authorized by ordinance. Compensation for property taken pursuant to the city s eminent domain power shall not constitute a financial interest within the meaning of this section. Unless sold pursuant to a process of competitive bidding following public notice, no elected official or employee shall have a financial interest in the purchase of any property
that (i) belongs to the city or a city agency, or (ii) is sold for taxes or assessments, or (iii) is sold by virtue of legal process at the suit of the city. No employee or appointed official nor their spouse shall engage in a transaction described in this section, unless the matter is wholly unrelated to the employee or official s city duties and responsibilities.
Sec. 1-33. Employment of relatives.
(a) No official or employee may appoint or advocate for employment, in any city agency in which said official or employee serves, or over which he exercises authority, supervision, or control, any person (i) who is a relative of said official or employee, or (ii) in exchange for or in consideration of the employment of any of said official s or employee s relatives by any other official or employee.
(b) No official or employee shall exercise contract management authority over a contract involving any relative of the official or employee.
(c) No official or employee shall use or permit the use of his position to assist any relative in securing employment or contracts with persons over whom the employee or official exercises contract management authority. The employment of or contracting with a relative of such a city official or employee by such a person within six months prior to, during the term of, or six months subsequent to the period of a city contract shall be evidence that said employment or contract was obtained in violation of this article.
Sec. 1-34. Prohibited acts by members of the city council.
Members of the city council shall not make loans, gifts of value equal to or exceeding fifty dollars, offers of employment or future employment or of business or investment opportunities to the city manager, to his assistants, to heads of city departments or agencies, to the city solicitor and assistant city solicitors or to members of boards or commissions involved in the granting of variances, permits, licenses or other such discretionary, or adjudicatory functions.
Sec. 1-35. Prohibited acts by school committee members.
School committee members shall not make loans, gifts of value equal to or exceeding fifty dollars, offers of employment or future employment, except within the discharge of their official capacity as a school committee, or of business or investment opportunities to the superintendent, assistant superintendents, the business manager, the personnel director, the principals of the Chelsea public schools, consultant or legal advisers contracted to the school department, or to any other city employees.
Sec. 1-36. Advisory opinions.
(a) Any city employee or official shall be entitled to the opinion of the city solicitor upon any question arising under this chapter relating to the duties, responsibilities and interests of such person. All requests for such opinions by a subordinate municipal employee shall be made in confidence directly to the city manager who shall in turn request in confidence such opinion of the city solicitor on behalf of such person, and all members of boards or commissions and chief officers or heads of municipal agencies may make direct confidential requests for such opinions on their own account. The city solicitor shall file such opinion in writing with the city clerk and such opinion shall be a matter of public record; however, no opinion will be
rendered by the city solicitor except upon the submission of detailed existing facts which pertain a question of actual or prospective violation of any provision of this article.
(b) Any person who acts in reliance on an opinion of the city solicitor shall be exempt from the penalties provided herein if that person has made a good faith disclosure of all material facts related to the opinion.
Sec. 1-37. Penalties.
(a) Any employee or official who violates this article shall be subject to appropriate discipline by the appointing authority including suspension, termination or censure, consistent with any requirements of the state civil service law and the city charter, as well as to civil or criminal prosecution under any other applicable state laws.
(b) Alleged violations of the state ethics law, or this article by the city councilors, members of the school committee, the superintendent of schools, and the city manager shall be directly filed with the State Ethics Commission.
(c) Any city councilor who has been convicted of a knowing or willful violation of the state ethics law, or this article shall be deemed to have vacated his office from the date of conviction, and shall not be eligible to serve in any other elective or appointive office or position under the city.
(d) Any officer or employee, not otherwise provided for by this ordinance, shall immediately forfeit his office or position, upon conviction for a knowing or willful violation of this article.
(e) All city contracts shall include therein a clause for termination in the event of a violation of this chapter in connection with the bidding, awarding, administration or performance of the contract.
(f) Any permit, license, ruling, determination or other official action taken in violation of this article shall be void; provided however, that in the event that voiding would substantially damage the city or innocent third parties, then the city entity responsible for such official action may, subject to the prior approval of the city manager, preserve, in whole or in part, the permit, license, ruling, determination or other action.
(g) A knowing or willful violation of this article shall constitute a misdemeanor, and shall be punishable by a fine of not more than three hundred dollars ($300.00) per offense.
Sec. 1-38. Other remedies.
The city or any city agency may maintain an action for an accounting for any economic benefit received by any person in violation of this chapter or other law, and may recover damages for violation of this chapter.
Sec. 1-39. Conflict with other laws.
In the event of any conflict or inconsistency of this chapter with any state law, the provision of broadest or most strict coverage shall control. No provision of this chapter shall be construed so as to be inconsistent with state law.
Sec. 1-40. Distribution of code; training provisions.
The city clerk shall cause a copy of this code of ethics to be distributed to every elected and appointed public official within thirty (30) days of their entering upon the duties of their office or employment. The personnel director shall cause a copy of this code of ethics to be distributed to all other employees of the city within thirty (30) days of their entering upon the duties of their employment.
In order to assure that all officers and employees of the city are familiar with their responsibilities and obligations under this code of ethics and the state ethics law, the city manager shall at regular intervals provide for training on the meaning and application of the ethics code, and every elected and appointed public official shall be required to attend at least one such session upon appointment or election to municipal office.
Secs. 1-41. 1-50. Reserved.
Chapter 2 PUBLIC OFFENSES*
Sections:
Sec. 2-1. Public consumption of alcoholic beverages.
Sec. 2-2. Destruction of Property.
Sec. 2-3. Defacement, injury and detention of library materials.
Sec. 2-4. Food dispensing at gasoline stations restricted.
Sec. 2-5. Sale price of gasoline to be displayed.
Sec. 2-6. Time restriction upon delivering or removing merchandise.
Sec. 2-7. Oil companies with night dispatcher required to have another employee on duty between certain hours.
Sec. 2-8. Graffiti prevention, prohibition and removal.
Sec. 2-9. Possession, use and sale of dangerous weapons.
Sec. 2-10. Posting bills, etc. on public property prohibited.
Sec. 2-11. Posting bills, etc. on private property without the owner s permission.
Sec. 2-12. Engaging in sexual conduct for a fee.
Sec. 2-13. Soliciting or securing a prostitute.
Sec. 2-14. Gambling and gambling devices.
Sec. 2-15. Use of playgrounds restricted.
Sec. 2-16. Noise control.
Sec. 2-17. Disturbing the peace.
Sec. 2-18. Curfew.
Sec. 2-19. Harassment.
Sec. 2-20. Peeping or spying.
Sec. 2-21. Control of pornography.
Sec. 2-22. Abandoned shopping carts prohibited.
Sec. 2-23. Determination of buildings, structures or vacant land as a nuisance.
Secs. 2-24. 2-50. Reserved.
* Cross reference(s) General penalty for ordinance violations, section 17.
Statutory reference(s) General municipal authority to enact ordinances for the public welfare, Mass.Gen.L. c. 40, § 21--Crimes Against Property, Mass.Gen.L. c. 266, §§ 98, 98A, 104, 114, 126, 126A, 126B, 127.
Sec. 2-1. Public consumption of alcoholic beverages.
(a) No person shall drink or possess in any open or partially consumed container any alcoholic beverage, as defined in chapter 138, section 1, of the General Laws, including possession of any empty or partial container of alcoholic beverages that is open, and in the possession or control of such person while on, in or upon any public way or upon any way to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, park or playground, or private land or place without consent of the owner or person in control thereof. A police officer may arrest, without a warrant, any person who in his presence violates this section.
(b) No person shall serve or consume any alcoholic beverages on city-owned property or within city-owned buildings. No person shall serve or consume any alcoholic beverages at any municipal event or municipal function held on city owned property or within city owned buildings.
(c) Whoever is found to begin violation this section shall be liable to a criminal fine not exceeding one hundred dollars ($100.00) for the first offense, two hundred dollars ($200.00) for the second offense and three hundred dollars ($300.00) for the third and each subsequent offenses, and shall otherwise be subject to the provisions of section 1-7.
(d) The transportation of empty containers to a redemption or recycling or recycling center shall not be deemed to be a violation of this ordinance.
Sec. 2-2. Destruction of Property.
Whoever willfully, intentionally and without right, or wantonly, maliciously and without cause, destroys, defaces, mars or injures the walls, or any other part of any building, or an appurtenance of such building, or any monument, tablet, vase, statue or other device erected to mark a public place, to commemorate an historic event, or any equipment, apparatus or fixture located on public property, or any playground apparatus or equipment, located in a public park or playground or upon any fence, post, awning or any private dwelling or other building or any timber, tree, or wood, ferns, flowers, shrubs or produce shall, upon conviction, be punished by the maximum criminal fine allowed by state law, in addition shall forfeit the cost of repairing, replacing, removing or
obliterating such defacement, whichever is deemed appropriate by the chief of police, and shall in all other respects be subject to the provisions of section 1-7.
Statutory reference(s)-Mass.Gen.L. c. 266, §§ 98, 98A, 104, 114, 126, 126A, 126B, 127.
Sec. 2-3. Defacement, injury and detention of library materials.
Whoever willfully, intentionally and without right or wantonly and without cause, writes upon, injures, defaces, tears or destroys a book, plate, picture, engraving, map, newspaper, magazine, pamphlet, manuscript or statue which belongs to the city, or other public or incorporated library shall be subject to all fines, and penalties allowed by law, and in addition shall forfeit the cost of repairing, replacing, removing or obliterating such defacement, whichever in the city manager s opinion is appropriate.
Sec. 2-4. Food dispensing at gasoline stations restricted.
In order to protect the health and safety of the residents of the city, no retail food establishment or premises within the city shall be used for the combined purposes of dispensing at retail, food for human consumption and the selling of gasoline or other inflammable products, unless the products are at a minimum of one hundred feet (100') apart. The distances shall be computed from the location point of storage tanks, or fuel pumps, whichever is closer, to the front door of where the food for retail purposes is stored for sale purposes. There is excepted from this section, coin vending machines for dispensing of prepackaged and prepared food and drink products.
Sec. 2-5. Sale price of gasoline to be displayed.
All persons engaged in the retail sale of gasoline shall display the price of gasoline to be sold on every pump.
Sec. 2-6. Time restriction upon delivering or removing merchandise.
Except in those areas of the city zoned waterfront or industrial, no person shall deliver to or remove merchandise from any business establishment between the hours of 10:00 p.m. and 7:00 a.m., except in emergencies.
Sec. 2-7. Oil companies with night dispatcher required to have another employee on duty between certain hours.
All oil companies who have a dispatcher on duty at night shall also have another employee on duty from 5:00 p.m. to 7:00 a.m.
Sec. 2-8. Graffiti prevention, prohibition and removal.
(a) Findings. The city council finds and determines that graffiti on public and private walls and buildings is obnoxious, a public nuisance, and it tends to remain and dilapidate buildings unless the city causes it to be removed. Other properties then become the target of graffiti resulting in entire neighborhoods littered with graffiti and becoming less desirable places in which to be, and reside, all to the detriment of the city. Graffiti is inimical and destructive of the rights and values of private property owners as well as the total community.
(b) Purpose. The purpose of this ordinance is to help prevent the spread of graffiti and to establish a program for its removal from public and private property within the city limits. It is the purpose of this ordinance to provide additional enforcement tools to protect public and private property from acts of vandalism and defacement, including the application of graffiti on walls, natural objects and structures. Such acts are destructive of the rights and values of property owners as well as the entire community.
(c) Declaration of graffiti as a nuisance. The existence of graffiti within the city limits is a public and private nuisance, and may be abated according to provisions and procedures herein a contained.
The existence of any surface of a structure on a parcel of land which has been defaced with graffiti after removal more than five (5) times in twelve (12) months is a public and private nuisance, and may be abated by minor modifications thereto, to the immediate area surrounding same, according to the provisions and procedures herein.
(d) Defacement prohibited. Whoever willfully, intentionally and without right, or wantonly, maliciously and without cause, destroys, defaces, mars or injures the walls, or any other part of any building, or an appurtenance of such building, or any monument, tablet, vase, statue or other device erected to mark a public place, to commemorate an historic event, or any equipment, apparatus or fixture located on public property, or any playground apparatus or equipment, located in a public park or playground or upon any fence, post, awning or any private dwelling or other building or any timber, tree, or wood, ferns, flowers, shrubs or produce shall, upon conviction, be punished by the maximum criminal fine allowed by state law, in addition
shall forfeit the cost of repairing, replacing, removing or obliterating such defacement, whichever is deemed appropriate by the chief of police.
Statutory reference(s)-Mass.Gen.L. c. 266, §§ 98, 98A, 104, 114, 126, 126A, 126B, 127.
(e) Sale of graffiti implements restricted.
(l) The sale of spray paint in cans to any person under the age of eighteen (18) is prohibited.
(2) Merchants must display spray paint in cans in such a manner that they are not accessible to customers without the aid of the merchant or one of their employees.
(3) Merchants shall post a sign, suitable to the chief of police, informing the members of the general public of the provisions of this ordinance.
(f) Removal of graffiti by perpetrator. Any person applying graffiti on a public or private property shall have the duty to remove the graffiti within twenty-four (24) hours after notice by the city or private owner of the property involved. Such notice shall be done in a manner prescribed by the chief of police, the director of the inspectional services or any additional city department head, as authorized by the city council. Any person applying graffiti shall be responsible for the removal or for the payment of the removal. Failure of any person to remove graffiti or pay for the removal shall constitute an additional violation of this ordinance. Where graffiti is applied by an unemancipated minor, the parents or legal guardian shall also
be responsible for such removal or for the payment for the removal.
(g) Removal of graffiti by property owner. If the graffiti is not removed by the perpetrator according to subsection (f) of this section, it shall, unless otherwise exempted by subsection (h) of this section, be the responsibility of the property owner to remove the graffiti according to the following provisions:
It is unlawful for any person who is the owner or who has primary responsibility for control of property or for repair or maintenance of property in the city to permit property that is defaced with graffiti to remain defaced for a period of ten (10) days after service by first class mail of notice of the defacement. The notice shall contain the following information:
(l) The street address and legal description of the property sufficient for identification of the property;
(2) A statement that the property is a potential graffiti nuisance property with a concise description of the conditions leading to the finding;
(3) A statement that the graffiti must be removed within ten (10) days after receipt of the notice and that if the graffiti is not abated within that time the city will declare the property to be a public nuisance, subject to abatement by the city; and
(4) A statement, if the director of inspectional services so directs, that said surface or surfaces shall be required to be retrofitted, at the cost of the property owner, not to exceed a total cost of five hundred dollars ($500.00), with such features or qualities as may be established by the director of inspectional services as necessary to reduce the attractiveness of the surface for graffiti, or as necessary to permit more convenient or efficient removal thereof.
(h) Exceptions to property owner responsibility. The removal requirements of subsection (g) of this section shall not apply if the property owner or responsible party can demonstrate that:
(l) The property owner or responsible party lacks the financial ability to remove the defacing graffiti; or
(2) The property owner or responsible party has an active graffiti defacement program, and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property to remain defaced with graffiti for a period of fifteen (15) days after service by first class mail of notice of the defacement.
(i) Right of city to require removal. Whenever the city becomes aware, or is notified and determines that graffiti is so located on public or privately owned property viewable for a public or quasi-public place within the city, the city manager is authorized to use public funds for the removal of same, or for the painting or repairing of same, but shall not authorize or undertake or provide for the painting or repairing of anymore extensive area than where the graffiti is located, unless the city manager, or his designee, determines in writing that a more extensive area is required to be repaired or repainted in order to avoid an aesthetic disfigurement to the neighborhood or community, or unless the responsible party agrees to pay for the
costs of repainting or repairing the more extensive area.
(j) Right of entry on private property. Prior to entering upon private property or property owned by a public entity other than the city for the purpose of graffiti removal the city shall attempt to secure the consent of the property owner or responsible party and a release of the city from liability for property damage or personal injury. If the property owner or responsible party fails to remove the offending graffiti within the time specified by this ordinance, or if the city has requested consent to remove or paint over the offending graffiti and the property owner or responsible party has refused consent for entry on terms acceptable to the city and consistent with the terms of this section, the city shall commence abatement and cost
recovery proceeding for the graffiti removal according to the provisions of subsection (k) of this section.
(k) Abatement and cost recovery proceedings.
(l) Notice of Hearing. The director of inspectional services manager, or such other city official as the city manager shall designate, serving as a hearing officer, shall provide the property owner of record and the party responsible for the maintenance of the property, if a person different than the owner, not less than forty-eight (48) hours notice of the city s intent to hold a hearing at which the property owner or responsible party shall be entitled to present evidence and argue that the property does not constitute a public nuisance. Notice shall be served in accordance with the provisions of Mass.Gen.L. c. 139, § 1 et seq.
(2) Determination Hearing Officer. The determination of the hearing officer after the due process hearing shall be final and not acceptable. If, after the due process hearing, regardless of the attendance of the owner or the responsible party or their respective agents, the hearing officer determines that the property contains graffiti viewable from a public or quasi-public place, the hearing officer shall give written notice in an eradication order that, unless the graffiti is removed within ten (10) days, the city shall enter upon the property, cause the removal, painting over (in such color as shall meet with the approval of the hearing officer), or such other eradication thereof as the hearing officer determines appropriate, and shall provide
the owner and the responsible party thereafter with an accounting of the costs of the eradication effort on a full cost recovery basis.
(3) Eradication Effort. Not sooner than the time specified on the order of the hearing officer, the city manager, or the designees of the city manager, shall implement the eradication order and shall provide an accounting to the owner and the responsible party of the cots thereof, according to the provisions of Mass.Gen.L. c. 139, § 3A.
(4) Lien. The costs of removal of the graffiti, and all related costs, including the cost of collection shall constitute a lien under the provisions of Mass.Gen.L. c. 139, § 3A.
(l) Penalties. Any person who is found guilty of violating any of the provisions of this ordinance shall be liable to a criminal fine of not less than one hundred dollars ($l00.00) or not more than three hundred dollars ($300.00), and shall in all other respects be subject to the provisions of section 1-7(c). However, if a violator fails to follow the procedures and requirements of chapter 40, section 21D of the General Laws, the fines shall be recoverable by indictment or on complaint, pursuant to chapter 40, section 21 of the General Laws.
(m) Severability. If any provision(s) of this ordinance or the application of such provision(s) to any person or circumstance shall be held invalid, the validity of the remainder of this ordinance and the applicability of such provision to other persons or circumstances shall not be affected thereby. (Amended 11-6-95)
Sec. 2-9. Possession, use and sale of dangerous weapons.
(a) No person shall fire or discharge any air rifle, so-called BB gun, firearm or cannon within the city; however this section shall not apply to the use of such weapons at any military exercise authorized by the authority of the Commonwealth or by the city council; or military review; or in the lawful defense of the person, family or property of any citizen; or by a police officer in the lawful performance of his duty; provided, however, that this prohibition shall not apply to persons engaged in target shooting on a firing range within the building of a gun club licensed to be used for such purpose and who has on his person a permit from the chief of police granting him the right of such possession.
(b) No person, except as provided by law, shall carry on his person, or carry under his control in a vehicle, those weapons and instruments mentioned in chapter 269 of the General Laws, section 10, Paragraph (b) and section 12; any knife having any type of blade in excess of four inches by one inch tapered to a sharpened tip (except when actually engaged in hunting, fishing or in any employment which requires the use of such a knife or in going to or returning directly from such activities); or other object or tool so redesigned, fashioned, prepared or treated that the same may be used to inflict serious bodily harm or for other unlawful purposes.
(c) Any individual who has violated any provision of this section shall be subject to arrest and a criminal fine of not more than three hundred dollars ($300.00) for each offense, and shall in all other respects be subject to the provisions of section 1-7.
(d) Upon a conviction of a violation for the possession or use of a dangerous weapon, or a violation of this section, the weapon(s) involved shall by written authority of the court, be forwarded to the commissioner of public safety, who may dispose of said article in the same manner as prescribed in chapter 269, section 12B of the General Laws.
(e) No person shall sell an air rifle or air pistol to a person under the age of eighteen (18) years.
Sec. 2-10. Posting bills, etc. on public property prohibited.
Unless otherwise allowed by law, no person shall without the consent of the city manager post affix, paint, print, or write, or cause to be posted, affixed, painted, or written, a notice, advertisement, or bill, upon a curbstone, sidewalk, tree, lamppost, police or fire alarm box, hydrant or other structure, in or upon any street or public place or upon any fence, building or structure belonging to the city or the commonwealth.
Sec. 2-11. Posting bills, etc. on private property without the owner s permission.
Unless otherwise allowed by law, no person shall post affix, paint, print, or write, or cause to be posted, affixed, painted, or written, a notice, advertisement, or bill, upon a post, pole, fence, telephone pole, building, structure or other property of any person, unless the consent of the person having possession of such post, pole, fence, building, structure or other property shall have been previously obtained.
Sec. 2-12. Engaging in sexual conduct for a fee.
Any person who engages, or agrees to engage or offers to engage in sexual conduct with another person in return for a fee may be punished by a fine of not more than three hundred dollars ($300.00), and shall in all other respects be subject to the provisions of section 1-7.
Sec. 2-13. Soliciting or securing a prostitute.
(a) No person shall upon any public way, upon any place to which the public has the right of access, or in any establishment licensed by the city under the provisions of chapter 138 of the General Laws, solicit, secure, offer or with any other person seek to engage in a sexual act for a fee, or solicit a prostitute or solicit, seek, agree to or secure the sexual services of a prostitute, or any person offering or agreeing to a sexual act or sexual service for a fee.
(b) In addition to the above, no person shall knowingly transport any person to any place for the purpose of committing a lewd act or an act of prostitution.
(c) In addition to the above, no person shall direct or offer to direct any person to any place or building for the purpose of committing any lewd act or act of prostitution.
(d) In addition to the above, no person shall aid, abet, allow, permit or participate in the commission of any of the acts prohibited above.
(e) If any provision(s) of this ordinance or the application of such provision(s) to any person or circumstance shall be held invalid, the validity of the remainder of this ordinance and the applicability of such provision to other persons or circumstances shall not be affected thereby.
(f) Any person who is found guilty of violating any of the provisions of this section shall be fined not less than one hundred dollars ($100.00) or not more than three hundred dollar ($300.00), and shall in all other respects be subject to the provisions of section 1-7.
(g) Violation of this ordinance in an establishment licensed pursuant to chapter 138 of the General Laws, shall be grounds for the immediate suspension of said license.
Sec. 2-14. Gambling and gambling devices.
(a) No person shall expose or cause to be exposed upon any street, public grounds, or establishment subject to the provisions of chapter 138 of the General Laws any table, machine or other device of any kind by which or upon which any game of hazard or chance can be played.
(b) No person shall play any such game at such a table or with such a device in or upon any street, public grounds, or establishment subject to the provisions of chapter 138 of the General Laws.
(c) Any person who is found guilty of violating any of the provisions of this section shall be fined not less than two hundred dollars ($200.00) or not more than three hundred dollar ($300.00), and shall in all other respects be subject to the provisions of section 1-7.
(d) Violation of this ordinance in an establishment licensed pursuant to chapter 138 of the General Laws, shall be grounds for the immediate suspension of said license.
Sec. 2-15. Use of playgrounds restricted.
(a) No person shall be allowed to enter a playground without right or remain therein after having been forbidden to do so either directly or by posted notice.
(b) A person may enter a playground, and conduct himself within a playground, in accordance with the rules and regulations of the recreation department; said playground hours shall be from 8:00 a.m. to 9:00 p.m., except when other hours have been authorized by the recreation department.
(c) Any police officer may make arrests for violation of this section.
(d) Any conviction for a violation of this section shall be punishable by a criminal fine of not more than one hundred dollars ($100.00) for each offense, and shall in all other respects be subject to the provisions of section 1-7.
Sec. 2-16. Noise control.
(a) Definitions. Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this ordinance:
Loud Amplification Device. The words loud amplification device shall mean a radio, television, phonograph, stereo, record player, tape player, cassette player, compact disc player, loud speaker, sound amplifier or similar device which is operated in such a manner that it creates an unreasonable noise.
Unreasonable Noise. The words unreasonable noise shall mean any noise plainly audible at a distance of three hundred feet (300'). If such a determination is being made from within residentially zoned district of the city, unreasonable noise shall mean noise which is plainly audible at a distance of one hundred fifty feet (150'). In the residentially zoned areas of the city an unreasonable noise shall mean a noise plainly audible at a distance of one hundred fifty feet (150').
Emergency Situation. The words emergency situation shall mean a situation wherein
immediate work is necessary to restore property to a safe condition following a public calamity,
natural disaster, snow emergency, or immediate work is required to protect persons or property
from an imminent exposure to danger.
(b) Scope. This ordinance shall apply to the control of all sound originating within the limits of the city of Chelsea, including but not limited to, power lawn mowers, engine powered equipment, air conditioners, animals, birds, loud amplification devices, firecrackers, firearms, pile drivers, shovels, graters, scrapers, tractors, jackhammers, and other construction equipment. This ordinance is intended to prohibit preventable and unnecessary noise and is not intended, nor shall it be construed to regulate the usual and customary noise incidental to urban life.
In all applications of this ordinance, due consideration shall be given to the character of the zoning, and the customary and natural noise incident to the operation of businesses or industries permitted by zoning so as not to work an undue hardship upon lawful business and industrial establishments.
The provisions of this article shall be in addition to and shall not disturb either the right of the city, if such, or the right of individuals affected by the violation of this article, to pursue any other remedy for the abatement of a nuisance or any other remedy which might or could be available under the law.
(c) Noises exempt from this ordinance. This ordinance shall not be construed so as to apply to the following:
(1) The emission of sound for the purpose of alerting persons to the existence of an emergency, or the emission of sound in the performance of emergency work or in training exercises related to emergency activities.
(2) Any lawful or proper program or activity supervised by appropriate authority in the parks or on the public ways relating to activities authorized by the city of Chelsea.
(3) Emergency situations, as defined in section 2-16(a).
(4) The use of any device whose purpose it is to protect an owner s vehicle from damage
and/or theft through the mechanical creation of a noise, provided such device shall deactivate, or be deactivated after sounding for twenty (20) minutes.
(d) Prohibition against loud amplification devices in motor vehicles. It shall be unlawful for any person to operate a loud amplification device, as defined in section 2-16(a), in or on a motor vehicle on a public or private way, or in a public place.
(e) Prohibition against loud amplification devices in public ways or places. It shall be unlawful for any person in any area of the city to operate a loud amplification device, as defined in section 2-16(a), in a public way, in a private way open to public use, or in any other public place.
(f) Prohibition against loud amplification devices in or on residential premises. It shall be unlawful for any person in any area of the city to operate a loud amplification device, as defined in section 2-16(a) in a dwelling house or on the land or other premises of such dwelling house.
(g) Outdoor implements. Any power lawn mower, power hedge clipper, power saw or such other implement designed primarily for outdoor use shall be operated within the city only between the hours of 7:00 a.m. to 9:00 p.m. on weekdays or between the hours of 9:00 a.m. to 9:30 p.m. on Saturdays, Sundays and state and federal holidays; however, such equipment, may be operated during the hours otherwise prohibited by this section, if the noise is not plainly audible at a distance of one hundred fifty feet (150').
(h) Regulation of construction hours. No erection, demolition, alteration or repair of any building and excavation in regard thereto shall occur, except between the hours of 7:00 a.m. and 6:00 p.m. on weekdays, and 8:00 a.m. to 4:00 p.m. on Saturdays, or except by permit when in the opinion of the director of municipal inspections, the interests of public safety or welfare require such work to occur beyond the allowed hours. This permit may be renewed for one or more periods not exceeding one week each.
(i) Creation of noise at night. It shall be unlawful for any person in charge of any store, garage, filling station, apartment house, theater, restaurant, bar, or other premises where persons gather or enter for purposes of amusement or trade within the city, either by his own actions or by permitting or allowing any persons, who may resort to his premises, to disturb the neighbors or public peace by loud noises, boisterous songs, operation of musical equipment, machines, instruments or other musical devices, the use of which produces noise plainly audible at a distance of two hundred feet (200'), interrupting the peace or quiet of the city after the hours of 10:00 p.m. and before the hour of 8:00 a.m.
(j) Disturbing the residential areas. Unless otherwise authorized, it shall be unlawful for any person or persons within the city of Chelsea to cause or allow to be made any unreasonable noise, as defined in section 2-16(a).
(k) Enforcement. Any person who believes themselves to be aggrieved by an unreasonable noise in violation of this ordinance may complain to the Chelsea police department, who shall be authorized to investigate the complaint, and if appropriate enforce this ordinance.
Upon investigation, and before taking any enforcement action under this section, a police officer shall ask the apparent offender the reason(s) for creating the noise. The officer shall not issue a citation or make an arrest under this section, unless the officer reasonably believes that an offense has occurred.
(l) Penalties. Any person who is found guilty of violating any of the provisions of this ordinance shall be liable to a criminal fine of not less than one hundred dollars ($100.00) or not more than three hundred dollars ($300.00), and shall in all other respects be subject to the provisions of section 1-7. However, if a violator fails to follow the procedures and requirements of chapter 40, section 21D of the General Laws, the fines shall be recoverable by indictment or on complaint, pursuant to chapter 40, section 21 of the General Laws.
Any person who violates this article shall, for the first offense, be given a written warning. The police officer, having given the warning, shall make a recording of having served the warning, such record shall include, if available, the name and address of the person warned; name and address of the landlord, if applicable; date, time of incident; motor vehicle registration number, if applicable; and location of where the warning was given. If the person warned refuses to give the above-noted information to the police officer, said person shall be assessed the fine listed for a second offense.
(m) Arrest and seizure of property. Notwithstanding the provisions of any other ordinance of the city of Chelsea, when a person is arrested by a police officer under the authority of the Massachusetts General Laws, including without limitation the provisions of chapter 272, section 54 of the General Laws for disturbing the peace, under chapter 272, section 53 of the General Laws, or any other applicable General Law, and the arresting officer, pursuant to said General Laws, seizes any loud amplification device as evidence, then the police officer shall comply with the following procedures in handling said evidence.
In the event of such a seizure for evidence by a police officer incident to such arrest, such loud amplification device shall be inventoried and held by the police department or its agents, and shall be returned to its owner, according to the terms of this section, unless a court of competent jurisdiction orders otherwise. If a motor vehicle shall be seized incident to an arrest, such motor vehicle may be returned to its registered owner, if said loud amplification device has been duly removed from the vehicle with the written permission of the registered owner of said motor vehicle. The police department shall have the authority to tow and impound the vehicle of any violator of section 2-16(c)(4) until any fines which have been levied under this section has been
paid.
In all situations, the arresting officer, in addition to any other required reports or procedures, shall give the person claiming to be the owner of said loud amplification device a receipt indicating where, when, and for what purpose it is being held. Copies of said receipt shall be filed in the police department and shall be made available to the court. No receipt shall be redeemed and no such device or equipment shall be returned to any person, unless and until all judicial proceedings that may be held regarding the allegations shall have been finally completed.
(n) Permits for exemptions. Unless, otherwise provided herein, the city manager or his designee may grant a permit for any activity otherwise forbidden by the provisions of this ordinance upon a determination by the city manager or his designee that compliance in the conduct of such activity would cause undue hardship on the person or persons conducting such activity or on the community, including but not limited to performances, concerts, bands, and other such public entertainment, taking into account the extent of the noise caused by not requiring such compliance. The city manager or his designee shall establish appropriate procedures for the processing of requests for such permits, including the holding of a public hearing, if deemed
appropriate.
(o) Severability. If any provision(s) of this ordinance or the application of such provision(s) to any person or circumstance shall be held invalid, the validity of the remainder of this ordinance and the applicability of such provision to other persons or circumstances shall not be affected thereby. (Amended 3-10-97; amended 6-10-96)
Sec. 2-17. Disturbing the peace.
Any person aggrieved by such disturbance of the peace may complain to the Chelsea police department about such unreasonable or excessive noise. The police department shall verify the complaint, and may thereupon arrest and/or make application in the appropriate court for issuance of a criminal complaint for violation of chapter 272, section 53 of the General Laws, which sets forth the penalties for disturbing the peace.
Sec. 2-18. Curfew.
(a) Purpose. In order to protect the health and safety of the residents of the city of Chelsea from juvenile violence, gang activity, and crime by persons under the age of seventeen (17) in the city; and in order to protect persons under the age of seventeen (17) in the city, who are particularly susceptible by their lack of maturity and experience to the influence of unlawful and gang-related activities and are most likely to be victims of older perpetrators of crime; and in order for the city to meet its obligation to provide for the protection of persons under seventeen (17) from each other and from other persons, to assist in the enforcement of parental control and responsibility for children, and for the protection of the general public, and
for the reduction of the incidence of juvenile criminal activities; a curfew is hereby established for individuals under the age of seventeen (17) in the interest of public health, safety and general welfare.
(b) Definitions. Except where otherwise indicated by the context, the following definitions shall apply in the interpretation and enforcement of this ordinance:
Curfew hours shall mean 11:00 p.m. until 5:00 a.m. of the following day.
Emergency shall mean an unforeseen 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, or automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
Establishment shall mean 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 shall mean:
(1) A person, who under court order is the guardian of the person of a juvenile; or
(2) A public or private agency with whom a juvenile has been placed by a court.
Juvenile shall mean any person under seventeen (17) years of age.
Operator shall mean any individual, firm, association, partnership, or corporation operating, managing, or conducting any establishment. The term includes members or partners of an association or partnership and the officers of a corporation.
Parent shall mean a person who is:
(1) A biological or natural parent, adoptive parent, or step-parent of a juvenile; or
(2) At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a juvenile.
Public place shall mean 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 shall mean to:
(1) Linger or stay; or
(2) 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.
(c) Offenses.
(1) A juvenile 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 juvenile commits an offense if he knowingly permits, or by insufficient control allows, the juvenile 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 an establishment commits an offense if he knowingly allows a juvenile to remain upon the premises of the establishment during curfew hours.
(d) Defenses.
(1) It shall be a defense to prosecution under subsection (b) of this section if the juvenile is:
(a) Accompanied by the juvenile s parent or guardian;
(b) On an errand at the direction of the juvenile 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 from an employment activity, without any detour or stop;
(e) Involved in an emergency or exigent circumstance;
(f) On the sidewalk abutting the juvenile s residence or abutting the residence of a next-door neighbor, if the neighbor did not complain to the police department about the juvenile s presence;
(g) Attending an official school, religious, or other recreational activity supervised by adults and sponsored by the city of Chelsea, a civic organization, or another similar entity that takes responsibility for the juvenile; or going to or returning home, without any detour or stop, from an official school, religious, or other recreational activity supervised by adults and sponsored by the city of Chelsea, a civic organization, or another similar entity that takes responsibility for the juvenile;
(h) Exercising First Amendment rights protected by the United States Constitution, such as free exercise of religion, freedom of speech, and the right of assembly; or
(i) Married or has been married or has been emancipated as a minor in accordance the laws of the Commonwealth of Massachusetts.
(2) It shall be a defense to prosecution under subsection (c)(3) of this section if the owner, operator, or employee of an establishment promptly notifies the police department that a juvenile is present on the premises of the establishment during the curfew hours and refuses to leave.
(e) Enforcement. Before taking any enforcement action under this section, a police officer shall ask the apparent offender s age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances no defense in subsection (d) of this section is present.
(f) Penalties. A person who violates any provision of this ordinance shall be responsible for a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense is punishable by a fine not to exceed fifty dollars ($50.00). (Added 9-27-99)
Sec. 2-19. Harassment.
(a) For the purposes of this section course of conduct shall mean a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose, and shall be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause the victim to suffer substantial emotional distress.
(b) It shall be unlawful for any person to knowingly and willfully engage in a course of conduct which seriously alarms, annoys or harasses another person and which serves no legitimate purpose.
(c) Constitutionally protected speech is not included within the meaning of course of conduct for purposes of this section.
(d) For purposes of this section, a victim shall not include a police officer acting in his official capacity.
(e) For purposes of a second or subsequent offense involving the same victim, a course of conduct need only consist of one (1) act which follows the same continuity of purpose established in the offense which is the basis of the first conviction.
(g) Anyone convicted under this section is subject to the maximum fines allowable under section 1-7.
Sec. 2-20. Peeping or spying.
No person shall enter upon the premises of another with the intention of spying or peeping upon any person therein; provided, however, that police officers may enter such premises in the performance of their duties. The penalty for violation of this section shall be a fine of not more than three hundred dollars ($300.00), and shall in all other respects be subject to the provisions of section 1-7.
Sec. 2-21. Control of pornography.
(a) Every person who shall willfully or knowingly engage in the business of selling, lending, giving away, showing, advertising for sale or distributing to any person under the age of eighteen (18) years, or has in his possession with intent to engage in such business, or to otherwise offer for sale or commercial distribution to any individual under the age of eighteen (18) years or who shall display at newsstands or any other business establishment frequented by minors under the age of eighteen (18) years, or where such minors are or may be invited as a part of the general public, any pornographic motion picture, or any still picture or photograph or any book, pocket book, pamphlet or magazine, the cover or content of which exploits, is devoted
to, or is principally made up of descriptions or depictions of illicit sex or sexual immorality, or which is obscene, lewd, lascivious, or indecent, or which consists of pictures of nude or partially denuded figures posed or presented in a manner to provoke or arouse lust or passion, or to exploit sex, lust or perversion for commercial gain or any article or instrument of indecent or immoral use shall be punished by a fine not exceeding fifty dollars ($50.00) for each offense and to a like fine for each day s continuance of such violation.
(b) The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Description or depiction of illicit sex or sexual immorality shall mean:
(1) human genitals in a state of sexual stimulation or arousal;
(2) acts of human masturbation, and all forms of sexual intercourse;
(3) fondling or other erotic touching of human genitals, pubic region, buttock or female breast.
Knowingly shall mean having knowledge of the character and content of the publication or failure on notice to exercise reasonable inspection, which would disclose the content and character of the same.
Nude or partially denuded figures shall mean:
(1) less than completely and opaquely covered human genitals, pubic regions, buttock, and female breast below a point immediately above the top of the areola; and
(2) human male genitals in a discernible turgid state, even if completely and opaquely covered.
Sec. 2-22. Abandoned shopping carts prohibited.
(a) Purpose. The purpose of this ordinance is to ensure that measures are taken by store owners to prevent the removal of shopping carts from store premises and parking lots, to make the removal of shopping carts a violation of municipal ordinance, and to facilitate the retrieval of abandoned carts within the city of Chelsea.
(b) Definitions. Cart. Cart shall mean a basket which is mounted on wheels or a similar device provided by a business establishment for use by a customer for the purpose of transporting goods of any kind, including, but not limited to grocery store shopping carts.
Owner. Owner shall mean any person or entity, who in connection with the conduct of a business, owns, possesses or makes any cart available to customers or the public. For purposes of this chapter, owner shall also include the owner s on-site or designated agent that provides the carts for use by its customers.
Premises. Premises shall mean the entire area owned and utilized by the business establishment that provides carts for use by customers, including any parking lot of other property provided by the owner for customer parking.
Abandoned cart. Any cart that has been removed without written permission of the Owner or on-duty manager from the premises of the business establishment, regardless of whether it has been left on private or public property. Written permission shall be valid for a period not to exceed seventy-two (72) hours. This provision shall not apply to carts that are removed for purposes of repair or maintenance.
(c) Required Signs On Carts. Every cart owned or provided by any business establishment in the city must have a sign permanently affixed to it that contains the following information:
(1) Identifies the owner of the cart or the name of the business establishment, or both;
(2) Notifies the public of the procedure to be utilized for authorized removal of the cart from the business premises;
(3) Notifies the public that the unauthorized removal of the cart from the premises of parking area of the business establishment is a violation of municipal ordinance;
(4) Lists a telephone number and contact person to report the location of the abandoned cart;
(5) Lists an address for returning the cart to the owner or business establishment;
(6) Lists an identification number for the cart.
(d) Prohibiting Removal or Possession of Abandoned Cart. It shall be unlawful to either temporarily or permanently remove a cart from the premises or parking area of a business establishment without the express prior written approval of the owner or on-duty manager of the business establishment. Written permission shall be valid for a period not to exceed seventy-two (72) hours. It shall be unlawful to be in possession of a cart that has been removed from the premises or parking area of a business establishment unless it is in the process of being immediately returned to the owner or business establishment. This section shall not apply to carts that are removed for the purposes of repair or maintenance.
(e) Mandatory Plan to Prevent Cart Removal Evaluation Report. Every owner shall develop and implement a specific plan to prevent customers from removing carts from the business premises. The plan must include the following elements:
(1) Notice to Customers. Written notification shall be provided to customers that removal of carts from the premises and parking lots are prohibited and a violation of the municipal ordinance. This notice may be provided in the form of flyers, warnings on shopping bags, or any other form of written notification that will notify customers of the prohibition.
(2) Signs. Signs shall be placed in pertinent places near door exits and near parking lot exits that warn customers that cart removal is prohibited and constitutes a violation of a municipal ordinance.
(3) Physical Measures. Specific physical measures shall be implemented to prevent cart removal from the business premises. These measures may include, but are not limited to, disabling devices on all carts, posting of a security guard to deter and stop customers who attempt to remove carts from the business premises, bollards and chains around business premises to prevent cart removal, security deposits required for use of carts, or the rental or sale of carts that can be temporarily or permanently used for transport of purchases.
(4) Evaluation Report. If a prevention plan was in place the previous year, a report shall be submitted to the city evaluating the measures that were used and approved in the prior year. The report shall include, but not be limited to, the inventory of carts owned, leased or used by the business establishment and the number of carts that had to be replaced due to loss, theft or abandonment.
(f) Prevention Plan Evaluation Report Timelines and Approval Process. The proposed plan for preventing cart removal and the evaluation report shall be submitted for approval to the city within sixty (60) days after adoption of this ordinance and by September 1st of each year thereafter. If a new plan is submitted, the proposed measures shall be implemented by no later than thirty (30) days after city approval is given. If the proposed plan is the same as the previous year, the prevention measures shall be continued until and unless the city indicates that a measure(s) needs to be modified. Unless otherwise agreed, any modifications to the plan imposed by the city shall be implemented within thirty days after the city notifies the owner of
the needed modifications.
(g) Penalties for Failing to Submit a Prevention Plan or Evaluation Report or to Implement Prevention Measures. Any owner that fails to submit a plan, implement the proposed plan measures, or implement any required modifications to the plan by the city within the time frame specified in this ordinance shall be required to place disabling devices on all carts owned, leased or used by the business to prevent removal of carts from the business premises and parking lots. Any owner that fails to submit an evaluation report as outlined in subsection (f) of this section by September 1st of each year or fails to place a disabling device on all carts, if applicable, shall be subject to a one thousand dollar ($1,000.00) civil penalty, plus an
additional penalty of fifty dollars ($50.00) for each day of noncompliance.
(h) Notification for Retrieval of Abandoned Carts. The city shall notify the owner of any abandoned carts owned or used by the business establishment that have been located within the city. The owner shall have two calendar days from the date the notification is given, to retrieve the carts from the city.
(i) Administrative Costs and Fines. Any owner that fails to retrieve its abandoned cart(s) within forty-eight (48) hours after receiving notice by the city shall pay the city s administrative costs for retrieving the cart(s) and providing the notification to the owner. Any owner who fails to retrieve abandoned carts in accordance with this ordinance in excess of three times during a six-month period, shall be subject to a fifty dollar ($50.00) fine for each occurrence. An occurrence includes all carts owned by the owner that are impounded by the city in a one-day period.
(j) Disposition of Carts After Thirty Days. Any cart not reclaimed from the city within thirty (30) days after notification to the owner shall be sold or otherwise disposed of by the city. The owner shall be responsible for the cost of such disposition.
(k) Exemption. Any owner that owns, leases or uses less than a total of twenty-five (25) shopping carts shall be exempt from the provisions of this ordinance. Any owner that has installed disabling devices on all carts owned, leased or used shall be exempt from the provisions of this ordinance.
(l) Severability and Validity. If any section, subsection paragraph or sentence of this ordinance, or any part thereof, is for any reason found to be unconstitutional, invalid or beyond the authority of the city of Chelsea by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance. (Added 11-23-98)
Sec. 2-23. Determination of buildings, structures or vacant land as a nuisance.
(a) Findings. The city council finds and determines that vacant, abandoned or neglected properties are obnoxious, tend to create a blighting influence on the surrounding neighborhood, have the effect of reducing property values in their surrounding neighborhood, and constitute a public nuisance. Further, the council finds that vacant, abandoned or neglected properties are inimical and destructive to the rights and values of private property owners. as well as the community at large.
(b) Purpose. The purpose of this ordinance is to eliminate vacant, abandoned or unsafe properties and the blighting influence they have on surrounding neighborhoods. Further, this ordinance will provide additional enforcement tools to the city in an effort to enhance the health, safety and welfare of the community at large.
(c) Definitions. Without limiting the foregoing definition, buildings, structures, or vacant land shall be considered a nuisance, within the meaning of this ordinance, under the following conditions:
(1) Buildings or structures that are abandoned, unused or open to the weather for a period of ninety (90) days or more;
(2) Buildings, structures or vacant land overgrown with vegetation which are dangerous to life or limb, especially unsafe in case of fire, or violate the provisions of chapter 139 of the General Laws, as amended.
(d) Procedure. Wherever a nuisance is found to exist, a careful survey of the premises shall be made by a board consisting of the building inspector, health agent, city engineer and fire chief, or their respective designees. This board, under the direction of the building inspector, shall make a written report of its findings and shall provide written notice to the owner(s) of the property, which notice shall describe the condition which constitutes the nuisance and shall order the owner to abate the same in not less than forty-eight (48) hours. If the owner of the property fails or neglects to comply with such order or otherwise abate the nuisance, the city may abate the nuisance and the costs, charges and fees incurred thereby shall be
paid by the owner within thirty (30) days of the furnishing of an account to such owner. If payment is not made, then the costs for abatement of the nuisance, and all related costs, including the cost of collection, shall constitute a lien on the property under the provisions of Mass. Gen.L.c. 139, section 3A.
(e) Penalty. Any owner who fails or neglects to comply with the order of the board or otherwise fails or neglects to abate such nuisance shall be liable for a fine(s) as provided in section 1-7(b) of the General Code portion of the Chelsea Municipal Code. Each day of such failure or neglect shall constitute a separate violation.
(f) Severability. If any provision of this ordinance or the application of such provision to any person or circumstance shall be held invalid, the validity of the remainder of this ordinance and the applicability of such provision to other persons or circumstances shall not be affected thereby. (Added 10-19-98)
Secs. 2-24. 2-50. Reserved.
Chapter 3 FINANCE*
Sections:
Article I. General Provisions
Sec. 3-1. Bills, accounts, and claims.
Sec. 3-2. Executory authority.
Sec. 3-3. Bonds of city officers.
Sec. 3-4. Payment of funds received.
Sec. 3-5. Payment of gifts, grants, etc. received.
Sec. 3-6. Denial, revocation or suspension of licenses, and permits.
Sec. 3-7. Department, pension, and veterans benefit payrolls.
Sec. 3-8. Manner of funding debt; payment of interest.
Sec. 3-9. Loans authorized by city council.
Sec. 3-10. Records and notices of abatement.
Sec. 3-11. Disposition of revenues.
Secs. 3-12. 3-49. Reserved.
Article II. Contracts
Sec. 3-50. Procurement.
Sec. 3-51. Contracts in excess of five thousand dollars.
Sec. 3-52. Required sureties.
Sec. 3-53. Award to lowest bidders; local preference.
Sec. 3-54. Erection of buildings.
Sec. 3-55. Public construction projects.
Sec. 3-56. Inspection of contract work.
Sec. 3-57. Filing with city auditor.
Secs. 3-58. 3-74. Reserved.
Article III. Auditing
Sec. 3-75. Filing of records, reports, etc., of boards, commissions, etc.
Sec. 3-76. Filing of schedule of bills for collection.
Sec. 3-77. Filing of reports of fees, etc., paid to city treasurer-collector by boards, officers, etc.
Sec. 3-78. Countersigning bonds, notes and certificates of indebtedness; record to be kept.
Sec. 3-79. Custodian of bonds, contracts, and agreements.
Sec. 3-80. Annual report.
Secs. 3-81. 3-99. Reserved.
Article IV. Treasury
Sec. 3-100. Record of receipts and disbursements to be kept.
Sec. 3-101. Payments to be made only upon warrants issued by city auditor, approved by the city manager.
Sec. 3-102. Books, papers, vouchers and documents to be kept in safe or vault.
Sec. 3-103. Payments to employees or officials based on departmental payrolls.
Sec. 3-104. Payments to be made only on orders of the city manager and countersigned and approved by city auditor.
Sec. 3-105. Payments which may be made without warrants of the city auditor, approved by the city manager.
Sec. 3-106. Statement of receipts and disbursements to be furnished city manager and city council.
Sec. 3-107. Weekly statement to city auditor.
Sec. 3-108. Payroll accounts.
Sec. 3-109. 3-124. Reserved.
Article V. Collecting
Sec. 3-125. Collection of taxes, accounts and other money due the city.
Sec. 3-126. Statement filed with city auditor by the city collector of all moneys collected by him.
Sec. 3-128. Licenses and permits of delinquent taxpayers.
Sec. 3-129. 3-150. Reserved.
* Charter reference(s)-financial procedures, Part 5; annual budget policy, Sec. 5-1; Submission of operating budget, Sec. 5-2; Action on the operating budget, Sec. 5-3; Capital Improvements Program, Sec. 5-4; Long term financial forecast, Sec. 5-5; Annual Audit, Sec. 5-6.
Statutory reference(s) Municipal finance generally, Mass.Gen.L. c. 44; Assessment and collection of local taxes, Mass.Gen.L. c. 59, 60.
Article I. General Provisions
Sec. 3-1. Bills, accounts, and claims.
(a) All bills, accounts and claims of any nature for moneys payable to persons having demands against the city shall first be presented to the board, commission, or officer or department head to which the bills, accounts and claims pertain.
(b) At least once per month the boards, commissions, officers and department heads shall examine all bills and accounts pertaining to their department, and have approved bills and accounts recorded in detail on forms prescribed by the city auditor.
(c) Schedules of approved bills and accounts of persons having demands against the city shall be certified by individual officers having charge of the department, by a majority of the full membership of boards and commissions, except that schedules of the school committee need be certified only by the chairman, or vice-chairman, in the event of the absence of the chairman. No bills or accounts shall be approved by any administrative board or commission, except at a meeting of which all of the members have been notified and at which a majority of the board or commission are present.
Sec. 3-2. Executory authority.
All contracts, deeds, conveyances, leases and other documents of a legally binding nature upon the city, which must be signed, or sealed, or acknowledged or any combination thereof shall, in order to be valid, have the signature of the city by the city manager. Any rental agreement for city facilities over five years must be presented to the city council for their approval, prior to signature by the city manager.
Sec. 3-3. Bonds of city officers.
The premium on all bonds required for city officials shall be paid by the city and charged to the insurance account.
Sec. 3-4. Payment of funds received.
All city officials, departments, boards and commissions which receive monies on account of the city shall pay the same to the city treasurer upon receipt, and at the same time shall transmit to the city auditor a true statement of the amount so paid to the treasurer, and for what it was received.
Sec. 3-5. Payment of gifts, grants, etc. received.
(a) Each gift, legacy, bequest or trust fund shall be known by the name of the donor, unless otherwise specified by the language of the legacy, bequest, gift or trust fund. The city council shall authorize the acceptance of each gift, legacy, bequest or trust fund unless otherwise expressly provided for by law.
(b) All city officials, departments, boards and commissions which receive gifts, grants, properties and securities given, devised or bequeathed to or deposited with the city for any specified or unspecified reason shall pay the same to the city treasurer upon receipt, and at the same time shall transmit to the city auditor a true statement of the amount so paid to the treasurer, and for what it was received.
(c) Unless the donors have otherwise directed, the city manager shall act as the trustee of said funds, however in all cases the city manager shall act as custodian of said funds.
(d) Each such fund shall be itemized by department, board or commission in the financial documents submitted to city council, required by Part V of the City Charter. Such itemization shall be by fund, principal and the interest thereon. Such itemization shall be set apart and clearly marked as being for information purposes only and not for the purposes of appropriation. Nothing in this section shall be construed as to conflict with chapter 44, section 53A of the General Laws.
(e) The treasurer subject to the approval of the trustees shall invest the principal thereof in such bonds and notes, as may be permitted by law for the investment of the funds of savings banks in the state, and all bonds shall be registered, at least as to the principal thereof, in the name of, and all notes shall be made payable to the order of the city of Chelsea, and shall be sold and transferred only with the written authorization of the city treasurer.
(f) Except as by the lawful application of the doctrine of cy pres, all such funds shall be expended in accordance with the terms and provisions of the gift, legacy, bequest or trust fund whenever the same shall be necessary, but for no other purpose. (Amended 3-10-97)
Sec. 3-6. Denial, revocation or suspension of licenses, and permits.
(a) All licenses and permits, including applications, transfers or renewals, issued by any board, department, officer may be denied, revoked or suspended, if the license holder has neglected or refused to pay any local tax, assessment, betterment, or other municipal charge.
(b) All licenses and permits, including applications, transfers or renewals, issued by any city board, department, officer may be denied, revoked or suspended with respect to any activity event or other matter which is the subject of such license or permit, and which activity, event or matter is to be carried or exercised on real estate, whose owner has neglected or refused to pay any local tax, fee assessment, betterment or other municipal charge.
(c) The tax collector shall provide at his own initiative, or upon request of the licensing commission or the city manager a comprehensive list of such delinquent parties.
(d) Prior to any action as authorized under this ordinance, the board, department or officer responsible for issuing such license or permit shall provide written notice of the proposed action to the delinquent party and to the tax collector, in accordance with the applicable provisions of law, and shall hold a hearing on the matter no earlier than fourteen (14) days after said notice.
Statutory reference-Chapter 408 of the Acts of 1993, Mass. Gen. L. Chapter 40, § 57.
Sec. 3-7. Department, pension, and veterans benefit payrolls.
(a) Department, pension, and veterans benefits payrolls shall be prepared under the direction of and certified by individual officers having charge of the department, and a majority of the full membership of boards and commissions, except that payrolls of the school committee and of the trustees of public libraries need be certified only by the chairman of the respective boards. Payrolls of the city council shall be certified by the president of the council. All department payrolls certified in accordance with this section shall be prepared in accordance with the provisions of chapter 41, section 42 of the General Laws.
(b) The city auditor shall cause a careful examination and verification of all departmental, pension, and veterans benefit payrolls submitted to him by administrative boards, commissions, officers, or the city council, and after his approval he shall cause a warrant to be prepared in prescribed form, authorizing the city treasurer to make payments thereon, subject to the approval of the city manager. The approved warrants for department, pension, and veterans benefit payrolls shall be retained by the city treasurer.
Statutory reference-Mass.Gen.L. c.41, § 41.
Sec. 3-8. Manner of funding debt; payment of interest.
The funded debt of the city shall be in coupon or registered bonds, notes or certificates of indebtedness, with interest payable semiannually, and the city treasurer is authorized to issue registered bonds in exchange for coupon bonds and to register the transfer of registered bonds in accordance with chapter 107 of the General Laws, as amended.
Sec. 3-9. Loans authorized by city council.
Whenever a loan shall be authorized by the city council, bonds, notes or certificates of indebtedness of the city shall be issued therefor by the city treasurer subject to the approval of the city manager. All such bonds, notes or certificates of indebtedness shall be signed in the name of and in behalf of the city by the city treasurer and countersigned by the city manager and the city auditor, and shall bear the seal of the city.
Sec. 3-10. Records and notices of abatement.
Records and notices of abatements of the board of assessors shall be in accordance with the provisions of chapters 59 and 60A of the General Laws.
Sec. 3-11. Disposition of revenues.
All fees, penalties, witness fees, moneys or compensation received by any official or employee, other than their salary, for any services rendered in their official capacity, and except witness fees for testimony taken at any court, other than the Chelsea District Court, shall be paid weekly into the city treasury by the individual receiving the same.
Secs. 3-12. 3-49. Reserved.
Article II. Contracts
Sec. 3-50. Procurement.
All procurements of goods, and services by the city shall be in conformity with the provisions of the General Laws, the City Charter, the administrative code, and these ordinances. As soon as practicable after final execution of each contract, the chief procurement officer or his designee shall distribute one copy of each fully executed contract to the city clerk, to the city auditor, to the issuing department and to the vendor, and shall maintain one copy on file in the purchasing department.
Sec. 3-51. Contracts in excess of five thousand dollars.
In all cases involving amounts greater than five thousand dollars ($5,000.00) the contract shall be in writing and be authorized by the signature of the head of the department, or a majority of the commission or board, and shall not be binding upon the city until the same is signed and executed by the city manager; and after being authorized, signed, and executed, such contract shall not be altered in any particular, except as required and allowed by chapter 30B of the General Laws, and not unless the city manager shall assent thereto, by his endorsement on the contract. Such contract shall be deposited with the city auditor within one (1) week from the date of the execution thereof, and shall not be removed therefrom before the completion of such contract and final
settlement of all claims and accounts in connection therewith.
Sec. 3-52. Required sureties.
When the chief procurement officer or his designee requires a surety for the fulfillment of a contract, such surety shall be in the form of a bond or certified check satisfactory to the chief procurement officer.
Sec. 3-53. Award to lowest bidders; local preference.
All contracts made under the provisions of this article shall be awarded to the lowest responsible bidder; but residents of the city shall be given the preference in awarding contracts, all other considerations being equal.
Sec. 3-54. Erection of buildings.
No contract for the erection, construction or alteration of a building shall be awarded until the plans and specifications for the same have been filed with and approved by the inspector of buildings.
Sec. 3-55. Public construction projects.
No public construction contract shall be awarded until the plans and specifications have been filed with and approved by the city engineer, or the individual performing similar functions and duties.
Sec. 3-56. Inspection of contract work.
Whenever in the opinion of the city manager the interests of the city require it, he may appoint a clerk of the works to supervise the work to be done under any contract made and entered into on behalf of the city under this article. The city manager shall file his order making such appointment in the office of the city clerk, and in the order making such appointment shall fix the salary of the inspector so appointed. Such appointment shall not be subject to confirmation or rejection by the city council. (Amended 3-10-97)
Sec. 3-57. Filing with city auditor.
All accepted bids, contracts and proposals, or certified copies thereof, shall be filed with the city auditor by the board, commission, officer, or department head accepting or making the same.
Secs. 3-58. 3-74. Reserved.
Article III. Auditing
Statutory reference(s) City auditor generally, Mass.Gen.L. c. 41, § 48 et seq.
Sec. 3-75. Filing of records, reports, etc., of boards, commissions, etc.
All boards, commissions, officers and department heads shall keep such records and reports of bills, payrolls and accounts as may be prescribed by the city auditor and in such form as he may determine, consistent with the Uniform Municipal Accounting System prescribed by chapter 44, section 38 of the General Laws. The administrative boards, commissions and officers shall furnish to the city auditor such records and reports as may be required by him.
Sec. 3-76. Filing of schedule of bills for collection.
All boards, commissions, officers, and department heads shall file with the city auditor a schedule of bills, which are to be committed to the city treasurer-collector for collection by him. The city treasurer-collector shall report to the city auditor, in prescribed detail, collections to be credited thereto. (Amended 3-10-97)
Sec. 3-77. Filing of reports of fees, etc., paid to city treasurer-collector by boards, officers, etc.
All boards, officers and departments receiving fees, costs, charges, commissions or other moneys allowed by law for and in behalf of the city shall, upon paying the same to the city treasurer-collector, file with the city auditor an itemized statement of the sources from which such fees or moneys were received, together with the amount thereof. (Amended 3-10-97)
Sec. 3-78. Countersigning bonds, notes and certificates of indebtedness; record to be kept.
The city auditor shall countersign all bonds, notes and certificates of indebtedness issued by the city treasurer, as authorized by the city manager and city council.
Sec. 3-79. Custodian of bonds, contracts, and agreements.
The bonds of the city treasurer, city collector, city clerk, assistant city clerk and other administrative officials and subordinate employees and all contracts, or agreements to which the city may be a party shall be in the custody of the city auditor, unless otherwise specifically provided for by the Charter, general or special laws, administrative code, or these ordinances.
Sec. 3-80. Annual report.
The city auditor shall prepare an annual report which complies with the requirements of the Uniform Municipal Accounting System, as prescribed by the director of the bureau of accounts and shall provide a copy of this report to the city manager and the city council.
Secs. 3-81. 3-99. Reserved.
Article IV. Treasury
Statutory reference(s) Treasurers and collectors generally, Mass.Gen.L. c. 41, § 35 et seq.
Sec. 3-100. Record of receipts and disbursements to be kept.
The city treasurer shall cause an accurate and true account to be kept of all receipts and disbursements on behalf of the city, and such records shall conform as far as practicable with the accounts of the city auditor.
Sec. 3-101. Payments to be made only upon warrants issued by city auditor, approved by the city manager.
Except as provided in section 3-105, no payments shall be made by the city treasurer except upon a warrant issued by the city auditor approved by the city manager.
Sec. 3-102. Books, papers, vouchers and documents to be kept in safe or vault.
The city treasurer shall cause all books, papers, vouchers and documents under his care, together with all money not deposited in banks, and belonging to the city, when not in use, to be kept in a proper safe or vault.
Sec. 3-103. Payments to employees or officials based on departmental payrolls.
The city treasurer shall make payment, based on departmental payrolls and warrants issued by the city auditor and approved by the city manager and the city auditor, to each employee or official, or his authorized agent or attorney, or his assignee, and shall take therefore the receipt of no person other than such employee or official, his authorized agent or attorney, or assignee.
Sec. 3-104. Payments to be made only on orders of the city manager and countersigned and approved by city auditor.
The city treasurer may only make payment of accounts, bills, payrolls, and veterans benefits aid rolls and claims of any nature included, except as provided in the following section, on orders in prescribed form approved by the city manager and countersigned and approved by the city auditor.
Sec. 3-105. Payments which may be made without warrants of the city auditor, approved by the city manager.
The city treasurer may pay any sum of money due on the principal or interest of any bond, note or certificate of indebtedness, or state or county taxes or assessments, or on any court execution against the city. Any of the aforesaid payments made by the city treasurer without a warrant issued by the city auditor approved by the city manager shall forthwith be reported to the city manager and the city auditor.
Sec. 3-106. Statement of receipts and disbursements to be furnished city manager and city council.
The city treasurer shall furnish to the city manager and city council a statement of receipts and disbursements for the preceding fiscal year.
Sec. 3-107. Weekly statement to city auditor.
The city treasurer shall furnish to the city auditor each week a detailed statement of all cash receipts, including trust and investment funds, during the preceding week.
Sec. 3-108. Payroll accounts.
All executive, legislative and administrative officers and persons in the service of the city shall be paid from the proper account for the office to which they are elected or appointed, or the department in which they are employed.
Secs. 3-109. 3-124. Reserved.
Article V. Collecting
Statutory reference(s) Treasurers and collectors generally, Mass.Gen.L. c. 41, § 35 et seq.
Sec. 3-125. Collection of taxes, accounts and other money due the city.
The city collector shall collect all taxes, accounts and other sums payable to the city, not otherwise specifically provided for, together with interest, costs and charges thereon.
Sec. 3-126. Statement filed with city auditor by the city collector of all moneys collected by him.
The city collector shall, at least once in each week, file with the city auditor a statement of all moneys received or collected since the previous statement on account of taxes, accounts or other sums, together with interest and costs and charges thereon, accompanied by a statement of the purposes for which the moneys were received or collected. Such statement shall include all fees, charges, costs and commissions allowed by law, received or collected by him or for him or by any deputy collector, clerk, sheriff, deputy sheriff or constable acting under authority of law by their appointment, and shall certify that all moneys so received or collected have been deposited to the account of the city.
Sec. 3-128. Licenses and permits of delinquent taxpayers.
(a) Tax Collector to provide name of delinquent taxpayers. The treasurer/collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, (hereinafter referred to as the treasurer/collector ) shall annually furnish to each department, board or commission which issues licenses or permits, including renewals and transfers, (hereinafter referred to as the licensing authority ), a list of any person, corporation or enterprise, (hereinafter referred to as party ), that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve-month period, and which have not filed in good faith a pending
application for an abatement of such tax or a pending petition before the appellate tax board.
(b) Denial, suspension or revocation of license or permit. Any licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers, of any party whose name appears on the list furnished to the licensing authority from the treasurer/collector; provided, however, that written notice is given to the party and the treasurer/collector, as required by applicable provisions of law. Upon written request, a party shall be given a hearing by the treasurer/collector, to be held not earlier than fourteen (14) days after such notice, unless agreed to by all parties. Said list shall be prima facie evidence for denial, revocation, or suspension of the license or permit to any party.
(1) The treasurer/collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the treasurer/collector with respect to such license or permit denial, revocation or suspension shall be made only for the purpose of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license or permit denial, revocation or suspension.
(2) Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the licensing authority or permit granting authority receives a certificate issued by the treasurer/collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate.
(c) Payment agreement. Any party may be given the opportunity to enter into a payment agreement with the treasurer/collector, thereby allowing the licensing authority to issue a license. The validity of such license shall be conditioned upon the satisfactory compliance with such agreement. Failure to comply with such agreement shall be grounds for the suspension or revocation of such license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law.
(d) Waiver. The city manager may waive such denial, suspension or revocation if he/she finds that the property owner, its officers or stockholders, if any, or members of his or her immediate family, as defined in Mass.Gen.L. c.268A § 1, has no direct or indirect business interest in the business or activity conducted in or on such property.
(e) Exclusion of certain licenses and permits. This ordinance shall not apply to marriage licenses. (Added 6-28-99)
Sec. 3-129. 3-150. Reserved.
Chapter 4 MUNICIPAL INSPECTIONS*
Sections:
Article I. General Provisions
Sec. 4-1. Right of entry of employees into buildings and premises.
Sec. 4-2. Records.
Sec. 4-3. Building code incorporated by reference.
Sec. 4-4. Sanitary code adopted and incorporated by reference.
Sec. 4-5. Sanitation standards for food establishments adopted and incorporated by reference.
Sec. 4-6. Referrals to fire department.
Sec. 4-7. Terms in the codes adopted.
Sec. 4-8. Copies of codes.
Sec. 4-9. Building permit fee schedule.
Sec. 4-10. Enclosures for private swimming pools.
Sec. 4-11. State plumbing code incorporated by reference.
Sec. 4-12. State fuel gas code incorporated by reference.
Sec. 4-13. Certificate of habitability.
Sec. 4-14. Affidavit of Address for Owner of Property.
Secs. 4-15. 4-49. Reserved.
Article II. Poles and Wires
Sec. 4-50. State electrical code incorporated by reference.
Sec. 4-51. Petitions for location of poles.
Sec. 4-52. Removal of poles.
Sec. 4-53. Electrical work permit, permission required.
Sec. 4-54. Electrical fees.
Sec. 4-55. Same, validity.
Sec. 4-56. License required to install, remove, etc., wires, etc.
Sec. 4-57. Bonds.
Sec. 4-58. Concealment of wiring Restricted.
Sec. 4-59. Annual report of overhead and underground wiring systems.
Sec. 4-60. Reserved space in all conduits for use of city.
Sec. 4-61. Reports to be filed after installations made.
Sec. 4-62. Relocation of conduits where sewers to be enlarged or other public works to be constructed.
Secs. 4-63. 4-74. Reserved.
Article III. Weights and Measures
Sec. 4-75. Establishment of city scales.
Sec. 4-76. Fee for weighing on city scales.
Sec. 4-77. Fees for testing, sealing, adjusting or condemning a weights and measures device.
Secs. 4-78. 4-99. Reserved.
Article IV. Solid Waste
Division 1: In General
Sec. 4-100. Definitions.
Sec. 4-101. Penalty for violation.
Sec. 4-102. Enforcement authorization.
Sec. 4-103. Penalties, time allowed for correction.
Secs. 4-104. 4-114. Reserved.
Division 2: Litter
Sec. 4-115. Disposal restricted.
Sec. 4-116. Disturbing containers.
Sec. 4-117. Vehicles transporting loose materials.
Sec. 4-118. Loading and unloading operations.
Sec. 4-119. Construction or demolition projects.
Sec. 4-120. Household solid waste.
Sec. 4-121. Commercial solid waste.
Sec. 4-122. Provisions for facilities at new buildings.
Sec. 4-123. Duty to keep property clean.
Sec. 4-124. Abandoned refrigerators, stoves, etc.
Sec. 4-125. Unregistered and ungaraged motor vehicles on private property.
Secs. 4-126. 4-149. Reserved.
Division 3: Solid Waste Management
Sec. 4-150. Responsibility of department of public works.
Sec. 4-151. Dumping refuse, which originates outside of the city.
Sec. 4-152. Duty of occupants, owners.
Sec. 4-153. Disposal of waste.
Sec. 4-154. Time, place of collection.
Sec. 4-155. Administration.
Sec. 4-156. Collection fees for commercial establishments.
Sec. 4-157. Establishment of solid waste collection fee for private dwellings, schools, churches and other charitable organizations.
Secs. 4-158. 4-174. Reserved.
Division 4: Hazardous Materials
Sec. 4-175. General provisions.
Sec. 4-176. Authority to charge for expenses.
Sec. 4-177. Discharges prohibited.
Sec. 4-178. Reports of spills and leaks.
Sec. 4-179. Penalties.
Secs. 4-180. 4-184. Reserved.
Division 5: Dumpsters
Sec. 4-185. Enforcement, issuance, fees.
Sec. 4-186. Location.
Sec. 4-187. Screening.
Sec. 4-188. Hours for use; protection when not in use.
Sec. 4-189. Size.
Sec. 4-190. Obstruction of traffic.
Sec. 4-191. Maintenance.
Sec. 4-192. Permit required, term.
Sec. 4-193. Contractor s registration permit and bond.
Sec. 4-194. Owner s permit.
Sec. 4-195. Owner s temporary permit.
Sec. 4-196. Display of contractor s name.
Sec. 4-197. Hours for emptying.
Sec. 4-198. Deodorization.
Sec. 4-199. Application of division.
Sec. 4-200. Modifications, suspension, revocation of permits.
Sec. 4-201. Contractor s list of accounts.
Secs. 4-202. 4-209. Reserved.
* Cross Reference(s) fire prevention and protection, c. 7; sewers and drains, c. 6; solid waste management, c. 6; street names, and numbering of buildings, § 6-115; zoning, Zoning Code.
Statutory Reference(s) Local regulation of plumbing-Mass.Gen.L. c. 142, s. 11; buildings, Mass.Gen.L. c. 143, § 3.
Article I. General Provisions
Sec. 4-1. Right of entry of employees into buildings and premises.
To the extent allowed by law, any person in the performance of his duties, having any duty to perform under the provisions of this chapter may enter any building or premises in the city.
Sec. 4-2. Records.
The department of municipal inspections shall keep a register of all persons obtaining a license, or permit from said department pursuant to state law or local ordinance.
Sec. 4-3. Building code incorporated by reference.
The State Building Code, set forth at 780 CMR l00.00 et seq., including subsequent modifications, amendments, or deletions is hereby adopted by the city for the purpose of governing public health, safety, and welfare as they are affected by building construction; and in general, to secure safety to life and property, a copy of which code shall be kept on file in the city clerk s office. The State Building Code is hereby adopted and incorporated, as if fully set out at length herein, and the provisions thereof shall be controlling within the limits of the city.
Any person who fails to comply with any order of the building inspector shall be liable for a criminal fine of not more than three hundred dollars ($300.00), and shall in all other respects be subject to the provisions of section 1-7. Each days failure to comply shall constitute a separate violation.
Sec. 4-4. Sanitary code adopted and incorporated by reference.
The State Sanitary Code, set forth at l05 CMR 4l0.00 et seq., including subsequent modifications, amendments, or deletions, is hereby adopted by the city for the purpose of governing minimum standards of fitness for human habitation, a copy of which code shall be kept on file in the city clerk s office. The State Sanitary Code is hereby adopted and incorporated, as if fully set out at length herein, and the provisions thereof shall be controlling within the limits of the city.
Any person who fails to comply with the provisions of this code shall be liable for a criminal fine of not more than three hundred dollars ($300.00), and shall in all other respects be subject to the provisions of section 1-7. Each days failure to comply shall constitute a separate violation.
Sec. 4-5. Sanitation standards for food establishments adopted and incorporated by reference.
The State Minimum Sanitation Standard for Food Establishments, set forth at l05 CMR 590.00 et seq., including subsequent modifications, amendments, or deletions, is hereby adopted by the city for the purpose of governing sanitation in food establishments, a copy of which code shall be kept on file in the city clerk s office. The Minimum Standards are hereby adopted and incorporated, as if fully set out at length herein, and the provisions thereof shall be controlling within the limits of the city.
Any person who fails to comply with the provisions of this code be liable for a criminal fine of not more than three hundred dollars ($300.00), and shall in all other respects be subject to the provisions of section 1-7. Each days failure to comply shall constitute a separate violation.
Sec. 4-6. Referrals to fire department.
No permit for the installation of sprinkler or other fire-extinguishing equipment shall be granted without the written approval of the chief of the fire department or his designee.
Sec. 4-7. Terms in the codes adopted.
The following terms used in the codes adopted by this chapter shall have the meaning ascribed to them by this section. All references to building, plumbing, or electrical officials shall mean the authorized inspectors of the city of Chelsea. Municipality whenever used shall mean the city of Chelsea.
Sec. 4-8. Copies of codes.
Copies of the codes adopted by this chapter shall be available for inspection at the department of municipal inspections. Copies shall also be made available for purchase at the city s purchase price plus two and one-half percent (2.5%). Such additional charge shall be for the city s administrative costs relative to such sales.
Sec. 4-9. Building permit fee schedule.
(a) The fees for all building permits shall be set by the director of municipal inspections, subject to the approval of the city manager, in accordance with the provisions of chapter 40, section 22F of the General Laws and the administrative code of the city of Chelsea. A copy of the current fee schedule shall be placed on file in the city clerk s office by the director of municipal inspections. Such fee schedule shall be open for public inspection at the office of the city clerk during the regular business hours of city hall.
(b) In accordance with the provisions of the ordinances of the city and section 118 of the State Building Code, no permit shall be issued until the required fee has been paid to the department of municipal inspections or other authorized city agency in accordance with the building permit fee schedules.
(c) At his sole discretion, the director of municipal inspections may require that cost computations verified by a registered architect or registered professional engineer (or other person satisfactory to the building inspector) be submitted to substantiate disputed estimates.
(d) Permits issued under this division are valid for a period of six (6) months only from date of issuance. If work is not in progress at expiration date, permits will be voided. A new application and fee will be required. The building inspector must be notified by the permittee upon completion of all work.
Sec. 4-10. Enclosures for private swimming pools.
(a) Every private swimming pool, as defined in the State Building Code, shall be completely surrounded at all times, whether or not the same be filled with water, by a fence or wall not less than five (5) feet in height, except that fences or walls in existence at the time of the effective date of this ordinance shall be deemed to satisfy this requirement if they are not less than four (4) feet in height. Every such fence or wall shall be so constructed so as not to have any openings, holes, gaps larger than four (4) inches except for doors and gates and except for picket fences in which case, the gap between pickets shall not exceed four (4) inches. Every such fence, wall, gate or door having gaps or holes shall be covered on the inside with
canvas or other similar substance so as to make the pool impervious to view from outside the fence. A building may be used as part of such enclosure. Elevated platforms around aboveground constructed pools equipped with steps and railings shall not be deemed satisfactory fence enclosures as required by this section.
(b) All gates or doors opening through such enclosure shall be not less than the same height as the fence or wall, and shall be equipped with a self-closing, self-latching device located at least four (4) feet above the underlying ground and inaccessible from the outside to small children. Every gate or door shall be kept locked at all times when pool is unoccupied or not in use. All such gates or doors shall reach to the ground level leaving only sufficient space for the opening and closing of same.
Sec. 4-11. State plumbing code incorporated by reference.
The State Plumbing Code, set forth at 248 CMR 2.00 et seq., including subsequent modifications, amendments, or deletions is hereby adopted by the City for the purpose of governing public health, safety, and welfare as they are affected by all construction, alteration, repair and maintenance of plumbing; and in general, to secure safety to life and property, a copy of which Code shall be kept on file in the city clerk s office. The State Plumbing Code is hereby adopted and incorporated as if fully set out at length herein, and the provisions thereof shall be controlling within the limits of the City.
Any person who fails to comply with the provisions of the State Plumbing Code or any order of the Plumbing Inspector shall be liable for a criminal fine of not more than three hundred dollars ($300.00), and shall in all other respects be subject to the provisions of section 1-7. Each days failure to comply shall constitute a separate violation.
Sec. 4-12. State fuel gas code incorporated by reference.
The State Fuel Gas Code, set forth at 248 CMR 3.00 et seq. through 8.00, including subsequent modifications, amendments, or deletions is hereby adopted by the city for the purpose of governing public health, safety and welfare, as they are affected by all construction, alteration, repair and maintenance of gas fittings; and in general, to secure safety to life and property, a copy of which Code shall be kept on file in the city clerk s office. The State Fuel Gas Code is hereby adopted and incorporated, as if fully set out at length herein, and the provisions thereof shall be controlling within the limits of the city.
Any person who fails to comply with the provisions of this State Fuel Gas Code or any order of the plumbing inspector shall be liable for a criminal fine of not more than three hundred dollars ($300.00), and shall in all other respects be subject to the provisions of section 1-7. Each day s failure to comply shall constitute a separate violation.
Sec. 4-13. Certificate of habitability.
(a) Whenever a rented dwelling unit, other than a hotel or motel is vacated by the occupant or occupants thereof, or when an area in an existing building is converted to a condominium, or within ten days before the expiration date of the anticipated vacancy it must be certified the department of municipal inspections, prior to being reoccupied by a new occupant as meeting the standards set forth in The State Sanitary Code , l05 CMR 4l0.00 et seq., as amended.
(b) Electricity may be ordered turned off by the director of the department of municipal inspections, if such dwelling unit is not certified as being fit for human habitation. Before electricity is ordered to be shut off, the owner or person in control of the premises shall be given and receive three (3) day notice that such action is to be taken.
(c) A temporary certificate of habitability may be issued if, in the judgment of the director of the department of municipal inspections, or his designee, the owner is entitled to a reasonable period of time to make necessary repairs, and if the health and safety of the occupant(s) not thereby endangered.
(d) Persons who are found in violation of this ordinance shall be subject to the provisions of section 1-7. Each day s failure to comply shall constitute a separate offense. (Amended 6-8-98)
Sec. 4-14. Affidavit of Address for Owner of Property.
The city of Chelsea hereby accepts the provisions of chapter 59, section 57D of the Massachusetts General Laws, requiring an affidavit of address, to be signed and sworn to by the owner of record of real estate located in the city of Chelsea, in accordance with the aforementioned statute. (Added 6-8-98)
Secs. 4-15. 4-49. Reserved.
Article II. Poles and Wires
Statutory reference(s) Telephone and telegraph companies, Mass.Gen.L. c. 166, §§ 1 20; poles and wires, Mass.Gen.L. c. 166, §§ 30 42.
Sec. 4-50. State electrical code incorporated by reference.
The State Electrical Code, set forth at 527 CMR l2.00 et seq., including subsequent modifications, amendments, or deletions is hereby adopted by the city for the purpose of governing public health, safety and welfare, as they are affected by wire and electrical installation, repair and maintenance; and in general, to secure safety to life and property, a copy of which Code shall be kept on file in the city clerk s office. The State Electrical Code is hereby adopted and incorporated, as if fully set out at length herein, and the provisions thereof shall be controlling within the limits of the city.
Any person who fails to comply with the provisions of this Code or any order of the Electrical Inspector shall be punished in accordance with the provisions of section 1-7, by a fine not to exceed three hundred dollars ($300.00). Each days failure to comply shall constitute a separate violation.
Statutory reference(s)-Mass.Gen.L. c. 143, § 3L.
Sec. 4-51. Petitions for location of poles.
Any petition to the department of public works for locations of poles, or other apparatus for the transmission of electricity, shall be accompanied by a written report from the electrical inspector, including therein such recommendations as he may deem necessary.
Sec. 4-52. Removal of poles.
Whenever a utility company abandons a pole, it shall remove such pole within sixty (60) days from the installation of a new pole. Whoever willfully neglects or refuses to remove such pole shall be subject to a fine of fifty dollars ($50.00) per day for each day beyond the sixty-day period.
Sec. 4-53. Electrical work permit, permission required.
(a) All persons doing electrical work in the city shall obtain a permit from the electrical inspector within five (5) days of commencing any work.
(b) No person shall cover any wires designed to carry current for light, heat or power without permission from the electrical inspector or his authorized agent.
Sec. 4-54. Electrical fees.
The fees for all permits shall be set by the director of municipal inspections subject approval of the city manager all in accordance with the provisions of chapter 40, section 22F of the General Laws and the administrative code of the city of Chelsea. A copy of the current fee schedule shall be placed on file in the city clerks office by the director of municipal inspections. Such fee schedule shall be open for public inspection at the office of the city clerk during the regular business hours of city hall.
The fee shall be paid for a continuous permit issued to licensed representatives or licensed maintenance personnel in industrial and commercial enterprises. Such permit to cover ordinary maintenance, experimental setups or relocation of minor devices and equipment.
Sec. 4-55. Same, validity.
Permits issued under this division are valid for a period of six (6) months only from date of issuance. If work is not in progress at expiration date, permits will be voided. A new application and fee will be required. The electrical inspector must be notified by the permittee upon completion of all work. In the case of new homes, notification must be given when fixtures and devices are installed.
Sec. 4-56. License required to install, remove, etc., wires, etc.
No person shall install, remove or alter any wires intended for the transmission of electricity for light, heat or power, or electrical equipment without first having filed an application for a license at the office of the electrical inspector, or within five days of the commencement of such work.
Sec. 4-57. Bonds.
Any person doing any work coming under the provisions of this chapter shall provide the city with a bond in an amount not less than fifty thousand dollars ($50,000.00). Such bond shall be conditioned to indemnify and save harmless the city against all damage, cost, expense and loss whatsoever to which it may be subjected in consequence of the acts and neglect of such persons, their agents, officers and servants in any manner arising from or growing out of the use and transmission of electricity, the privileges permitted by the city, and the construction, maintenance, operation and the use of lines, wires, cables, conduits, posts, poles, structures, constructions, fixtures and apparatus. The bond shall be also conditioned to fulfill all agreements with the city, all the
orders, conditions and obligations imposed by the department of municipal inspections, and all obligations and duties required by law, and by this article and every other ordinance, and all additions and amendments relating thereto.
A new bond of like import and with new surety may at any time be required by the city, which new bond shall be a strengthening bond, unless the surety on former bonds is expressly released, in writing, from further liability by the city manager. Bonds required by this section shall be filed with the city clerk.
A liability insurance policy issued by an insurance company authorized to do business in the Commonwealth of Massachusetts, and substantially conforming to the requirements of this section may be substituted for the above-described bond.
Sec. 4-58. Concealment of wiring Restricted.
No wire designed to carry current for light, heat or power which is to be concealed shall be installed until all heating pipes, gas pipes, plumbing or other piping has been installed.
Sec. 4-59. Annual report of overhead and underground wiring systems.
Every person owning, leasing or operating any wires within the city, either overhead or underground, shall annually furnish to the electrical inspector plans or other suitable information providing an accurate record of all additions or alterations to or removals from their overhead or underground wiring systems.
Sec. 4-60. Reserved space in all conduits for use of city.
In all conduits constructed under the provisions of any general or special law, ordinance or authority, such sufficient and necessary space as shall be determined by the electrical inspector shall be reserved free of expense for the use of the city exclusively for municipal purposes. The city, by its electrical inspector or his agent, shall be allowed access to such conduits at all times. The city shall be allowed equal facilities and privileges with others using the same conduits in installing, removing and maintaining wires. The extent and location of such space shall be subject to the approval of the electrical inspector.
Sec. 4-61. Reports to be filed after installations made.
Whenever installations shall be made under the provisions of any general or special act or ordinance or authority to erect and maintain poles, or to construct conduits or other fixtures in the public ways, bridges or grounds, to support or carry lines or wires for the transmission of electricity, the person to whom such permission is granted shall file with the electrical inspector within thirty (30) days from the date of such installations a detailed report of the installations that have been made. Failure to file such report in detail satisfactory to the electrical inspector shall cause such authorization to be null and void.
Sec. 4-62. Relocation of conduits where sewers to be enlarged or other public works to be constructed.
In case the city finds it necessary to construct or enlarge sewers or other public works in streets where conduits are laid, which shall require changing the locations of such conduits, such changing, required by the city, shall be at the expense of the company owning the conduits, who shall forthwith carry out the same, but the director of public works upon a determination of such need shall give the company notice and an opportunity to be heard.
Secs. 4-63. 4-74. Reserved.
Article III. Weights and Measures
Sec. 4-75. Establishment of city scales.
The city manager shall establish as many scales as may be necessary for the public good and convenience.
Statutory reference(s) Weighers, measurers and surveyors of commodities, Mass.Gen.L. c. 41, § 85 et seq.
Sec. 4-76. Fee for weighing on city scales.
The fees for weighing on the city scales shall be set by the director of municipal inspections, subject to the approval of the city manager, in accordance with the provisions of chapter 40, section 22F of the General Laws and the administrative code of the city of Chelsea. A copy of the current fee schedule shall be placed on file in the city clerk s office by the director of municipal inspections. Such fee schedule shall be open for public inspection at the office of the city clerk during the regular business hours of city hall.
However, no fee shall be charged for weighing done on account of the city, the division of standards of the Commonwealth, or the registry of motor vehicles of the Commonwealth.
Sec. 4-77. Fees for testing, sealing, adjusting or condemning a weights and measures device.
The director of municipal inspections or his designee is authorized to charge reasonable fees for the testing, sealing, adjusting or condemning of weights and measures devices, all in accordance with the provisions of chapter 40, section 22F of the General Laws. A copy of the current fee schedule shall be placed on file in the city clerk s office by the director of municipal inspections. Such fee schedule shall be open for public inspection at the office of the city clerk during the regular business hours of city hall.
Secs. 4-78. 4-99. Reserved.
Article IV. Solid Waste
Division 1: In General
Sec. 4-100. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Acceptable waste shall mean all solid waste except for prohibited waste and include:
(1) Solid waste. Rubbish, garbage, and other discarded materials with insufficient liquid content to be free flowing, but excluding solids or dissolved materials in domestic sewage or
other water pollutants.
(2) Garbage. All waste, animal, fish, fowl, fruit or vegetable matter produced or resulting
from the use or storage of food.
(3) Rubbish. Domestic solid, combustible and incombustible waste other than garbage.
(4) Ordinary commercial waste. General and usual waste that accumulates on the premises of any grocery, market, store, restaurant or other such like small business enterprise operating for profit, and not exceeding five (5) standard size metal barrels or other suitable containers as defined in rules and regulations issued pursuant to this article.
(5) Garden and lawn waste. Includes grass, leaves, brush, tree trimmings, and vine or shrub trimmings not amounting to tree waste.
Containers shall mean receptacles approved by the department of public works and used for the disposal and storage of solid waste.
Contractor shall mean the person owning or having legal title to a dumpster.
Delegation of authority shall mean that whenever a provision of these ordinances appears requiring the head of a department or some other officer of the city to do some act or perform some duty, or granting some right to such official, it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty, or it shall grant to them such right, unless the terms of the provisions designate otherwise.
Department of inspectional services shall mean the director of municipal inspections and the inspectors of the department of inspectional services.
Dumpster shall mean any receptacle used for the collection and storage and transportation of rubbish, garbage, offal and other substances and materials, with a lid or covering satisfactory to the enforcing agencies.
Dumpster Owner shall mean and refer to the person(s) having title to the land upon which a dumpster is located, the permit holder and the representative(s), or designee(s) of the permit holder.
Health, Board of, shall mean the members of the city of Chelsea board of health, and their agent, the director of public health.
Litter means any quantity of uncontainerized paper, metal, glass, plastic or miscellaneous solid waste which may be classified as trash, debris, rubbish, refuse, garbage or junk.
Non-Acceptable waste shall mean, and include:
(1) Bulk. Any item which in whole or in part is a solid mass in which a sphere with a
diameter of eight (8) inches could be contained.
(2) Extraordinary commercial waste. Waste as defined and set forth in subsection (4) above in excess of five (5) barrels or the equivalent thereof each week.
(3) Motor vehicles and large machinery. Any abandoned, junked or inoperative motor vehicle, motor vehicle parts or other large machinery.
(4) Building and construction waste. Discarded materials resulting from or non-usable in the construction, alteration, or repair of structures including stones, plaster, brick, excavated earth, concrete, lathing, roofing materials, siding materials, lumber, and structural members.
(5) Animal remains. The carcass of any dead animal.
(6) Industrial waste. Wasted materials from factories, processing plants, and other
manufacturing enterprises.
(7) Tree waste. Trunks or limbs which exceed six inches (6?) in diameter or forty-eight inches (48?) in length and stumps, regardless of size.
(8) Pathological wastes and human wastes.
(9) Chemical wastes, toxic and volatile chemicals, explosives, hazardous wastes, petroleum products and wastes.
(l0) Automobile parts, whole or in part, tires and batteries.
(11) Any other waste prohibited by municipal, state or federal law or regulation.
(l2) Any and all solid waste generated by a stand alone commercial establishment.
(l3) Any and all solid waste generated by any residential building containing more than eight (8) apartment or condominium units except buildings owned by the Chelsea Housing Authority.
Owner, applied to any building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety of the whole or of a part of such building or land.
Person shall mean and be applied to associations, businesses, corporations, firms, partnerships, committees, unions, and bodies politic and corporate as well as to individuals.
Private property shall mean and include, but is not limited to, the following exterior locations owned by private individuals, firms, corporations, institutions or organizations: yards, grounds, driveways, entranceways, passageways, parking areas, working areas, storage areas, vacant lots and recreational facilities.
Public property shall mean and include, but is not limited to, the following locations: streets, street medians, roads, road medians, catch basins, sidewalks, strips between streets and sidewalks, lanes, alleys, public rights-of-way, public parking lots, school grounds, municipal housing project grounds, municipal vacant lots, parks, beaches, playgrounds, other publicly-owned recreation facilities, and municipal waterways and bodies of water.
Recyclables shall mean those items as laid out in rule 6.1 of these regulations.
Solid waste shall mean garbage, swill, rubbish, trash, debris, refuse, and other discarded materials, which may be generated from the normal activities of residences, households, municipal buildings, institutions, organizations, schools and commercial enterprises.
Tenant/occupant, applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others.
Toxic or hazardous materials shall mean and include all liquid hydrocarbon products, including but not limited to, gasoline, fuel and diesel oil, and also any other toxic, caustic or corrosive chemicals, radioactive materials, or other substances, controlled as being toxic or hazardous by the Division of Hazardous Waste under the provisions of chapter 21C of the General Laws, and the regulations promulgated thereunder. (Amended 3-10-97)
Cross reference(s) Definitions and rules of construction generally, §§ 1-2, 13.
Sec. 4-101. Penalty for violation.
Any person found guilty of a violation of any of the provisions of this article shall be subject to the provisions of Section l-7.
Sec. 4-102. Enforcement authorization.
Designated personnel in the following departments or boards are authorized to enforce sections of this article, entitled Solid Waste as prescribed below:
(1) Police department. Regular police officers are empowered to enforce the provisions of this article.
(2) Department of public works. The director of public works is authorized to delegate enforcement authority to such agents as he deems appropriate. Such authority is applicable to the entire article except where prohibited by police authority.
(3) Department of municipal inspections. Inspectors empowered to enforce the provisions of this article.
(4) Fire department. The fire prevention officer may enforce the following sections:
a. Section 4-120, wherever violations of the household solid waste containerization ordinance constitute existing or potential fire hazards.
b. Section 4121, wherever violations of the commercial solid waste containerization ordinance constitute existing or potential fire hazards.
c. Section 4123, wherever violations of the clean property ordinance constitute existing or potential fire hazards.
d. Section 4-175 through 4-184, wherever violations of the hazardous waste ordinances constitute existing or potential fire hazards.
Sec. 4-103. Penalties, time allowed for correction.
Each and every day on which a violation exists, except in cases which a given time has been allowed for corrective action to be taken, shall be a separate and distinct offense. If more than one (l) condition of an ordinance is violated, each condition violated shall constitute a separate offense.
Secs. 4-104. 4-114. Reserved.
Division 2: Litter
Sec. 4-115. Disposal restricted.
(a) It shall be unlawful for any person to throw, discard, place or deposit litter in any manner or amount on any public or private property within the corporate limits of the city, except in containers or areas lawfully provided for in accordance with the provisions of this article.
(b) Except as otherwise allowed by these ordinances, no person shall deposit or dump, or cause to be deposited or dumped any litter except in a place, and during periods of time authorized, and approved by the department of municipal inspections.
(c) In the prosecution charging a violation of (a) above from a motor vehicle, proof that the particular vehicle described in the complaint was the origin of the litter, together with proof that the defendant named in the complaint was at the time of such violation the registered owner of such vehicle, shall constitute in evidence a presumption that the registered owner was the person who committed the violation.
(d) Every person distributing commercial handbills, leaflets, flyers or any other advertising and information material shall take all measures necessary to keep such materials from littering public or private property.
(e) To facilitate proper disposal of litter by pedestrians and motorists, such publicly patronized or used establishments, as fast-food outlets, shopping centers, convenience stores, supermarkets, parking lots, mobile canteens, schools and any other establishments, as designated by the department of municipal inspections, shall provide, and regularly empty and maintain in good condition adequate containers that meet the standards prescribed by the department of municipal inspections.
Sec. 4-116. Disturbing containers.
No person shall willfully or maliciously tip over and upset any carton, box, barrel or other container placed upon a sidewalk or street.
Sec. 4-117. Vehicles transporting loose materials.
(a) It shall be unlawful for any person to transport any loose cargo by truck or other motor vehicle within the corporate limits of the city unless such cargo is covered and secured in such a manner as to prevent depositing of litter on public or private property.
(b) The provisions of (a), above, shall be applicable alike to the owner of the truck or other vehicle, the operator thereof, and the person from whose residence or establishment the cargo originated.
(c) In the prosecution charging a violation of (a) above, lack of adequate covering and securing shall in itself constitute proof a violation has been committed.
Sec. 4-118. Loading and unloading operations.
(a) Any owner or occupant of an establishment or institution at which litter is attendant to the packing and unpacking and loading and unloading of materials at exterior locations shall provide suitable containers there for the disposal and storage of litter and shall make appropriate arrangements for the collection thereof.
(b) Every owner or occupant shall remove at the end of each working day any litter that has not been containerized at these locations.
Sec. 4-119. Construction or demolition projects.
(a) It shall be unlawful for the owner, agent or contractor in charge of any construction or demolition site to cause, maintain, permit or allow to be caused, maintained or permitted the accumulation of any litter on the site before, during or after completion of the construction or demolition project.
(b) Every owner, agent or contractor shall have on the site adequate containers for the disposal of litter and to make appropriate arrangements for the collection thereof or for transport by himself to an authorized facility for final disposition.
(c) The owner, agent or contractor may be required at any time to show proof of appropriate collection, or, if transported by himself, of final disposition at an authorized facility.
Sec. 4-120. Household solid waste.
(a) All residences located in any area in which collection is by the city or approved contractors shall have sufficient container capacity to accommodate their normal volume of solid waste between collections.
(b) All loose materials which normally fit into containers but which are excess as a result of special circumstances such as holidays, shall be bundled and tied securely to prevent them from blowing or scattering, and shall be placed beside the containers.
(c) Containers shall be kept covered at all times.
(d) Any container, which does not conform to prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the department of public works. Failure to do so within five (5) days of such notification shall constitute a violation of this section.
(e) In placing containers for collection and removing them after collection, all residents shall follow the practices prescribed by the department of public works pursuant to this article.
(f) It shall be unlawful for any resident to deposit household solid waste in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.
(g) It shall be unlawful for any person not residing within the limits of the city, or a corporation, institution or organization not located within the limits of the city to place household or commercial solid waste on the streets of the city for removal by the city or its approved contractor.
Sec. 4-121. Commercial solid waste.
(a) All establishments and institutions which generate solid waste for collection by the city, or approved contractors shall abide by the waste container requirements prescribed by the department of public works.
(b) Containers shall be covered at all times.
(c) Any container which does not conform to prescribed standards, or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally, shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the department of public works. Failure to do so within five (5) days of such notification shall constitute a violation of this section.
(d) It shall be unlawful for any owner, manager or employee of a commercial establishment or institution to deposit solid waste from that establishment or institution in any receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians.
(e) No person in control of a place of business abutting on a street shall knowingly suffer any rubbish, litter or other refuse to remain in the open on the property upon which such place of business is located, including the sidewalk immediately adjacent to such business, except in a receptacle which conforms to the provisions of this article.
Sec. 4-122. Provisions for facilities at new buildings.
(a) Before building permits shall be issued for construction of commercial buildings and multiple-dwelling units, plans for the adequacy, location and accessibility of solid waste containerization and storage facilities must be approved by the department of public works.
Sec. 4-123. Duty to keep property clean.
(a) Every owner, agent, occupant or lessee shall keep exterior private property free of litter. This requirement applies not only to the removal of loose litter, but to materials that already are, or become, trapped at such locations as fence and wall bases, grassy and planted areas, borders, embankments and other lodging points.
(b) No owner, tenant, or occupant of land or a building abutting upon a sidewalk or a strip between a street and a sidewalk within the limits of any public way or private way, open to the public in this city, and no agent of such owner having the charge of such land or building, shall place or suffer to remain on such sidewalk any litter, rubbish, refuse, debris, garbage, scrap, by-product or other waste material. Such litter, rubbish, refuse, debris, garbage, scrap, by-products or other waste material shall be removed on a daily basis and shall not be allowed to remain after 7:00 p.m., except as otherwise provided by ordinance regulating the collection of solid waste.
(c) It shall be unlawful to sweep or push litter from sidewalks and strips into streets. Sidewalk and strip sweepings must be picked up and put into household or commercial solid waste containers.
(d) Every owner of a vacant lot or other vacant property shall appoint an agent who shall have responsibility for keeping that lot or other property free of litter and the growth of excess vegetation which traps litter, encourages dumping, or promotes infestation by rodents and other vermin.
(e) If after due warning, citation or summons, an owner, agent, occupant or lessee fails to remove litter or excess vegetation from any vacant lot, the department of municipal inspections is authorized to serve written notice to the owner or his appointed agent that if the condition is not corrected within thirty (30) days, the owner shall be subject to a criminal fine of fifty dollars ($50.00) a day for each day the violation exists.
Sec. 4-124. Abandoned refrigerators, stoves, etc.
(a) No person shall leave or deposit on any vacant lot or on any premises outside of a building a refrigerator, stove or other large appliance equipped with a door, unless the door of such appliance has been removed or unless any and all locking mechanisms on such appliance have been removed.
(b) No person shall allow to remain on an premises owned or occupied by him outside of any building an abandoned refrigerator, stove or other large appliance which is equipped with a door, unless the door has been removed or unless any and all locking mechanisms on such appliance have been removed.
(c) For the purpose of this ordinance, each day during which such refrigerator, stove or other large appliance equipped with a door is allowed to remain in violation of the provisions of this ordinance shall be deemed a separate offense. (Added 10-16-95)
Sec. 4-125. Unregistered and ungaraged motor vehicles on private property.
(a) Except as otherwise provided below, no occupier or owner of land shall permit any abandoned, unregistered, partly-dismantled or wrecked motor vehicle, or parts thereof, to be stored, parked or placed on any premises owned, occupied, or controlled by him unless the same shall be inside a building, or within an area operated by a properly licensed motor vehicle storage facility.
(b) A property owner may store one (1) unregistered, but safely operable motor vehicle on his property. This vehicle shall not be in abandoned, partly-dismantled or wrecked condition.
(c) Each twenty-four (24) hour period that a violation of this ordinance continues shall be considered a separate offense. (Added 10-16-95)
Cross reference(s)-Motor vehicle storage licensing; section 9-170 et seq.
Secs. 4-126. 4-149. Reserved.
Division 3: Solid Waste Management
Sec. 4-150. Responsibility of department of public works.
The department of public works shall cause acceptable solid waste to be collected and shall provide for the disposal of such waste.
Sec. 4-151. Dumping refuse, which originates outside of the city.
Dumping refuse which originates outside of the city in any part is prohibited, unless said dumping is permitted by order of the department of municipal inspections upon a finding that said refuse is in compliance with state law regarding dumping and does not, and will not constitute a health hazard to the residents of Chelsea.
Sec. 4-152. Duty of occupants, owners.
(a) The occupant or occupants of every single or two-family dwelling, the owner or agent of every dwelling housing more than two (2) families, and the owner or operator of any business enterprise, shall remove non-acceptable waste at sufficiently frequent intervals to prevent a nuisance as may be determined by the department of municipal inspections or its designee.
(b) The occupant or occupants of every single or two family dwelling, the owner or agent of every dwelling housing more than two (2) families, and the owner or operator of any business enterprise shall, whenever waste accumulates, provide, keep clean and in good repair proper and sufficient containers for the storage of solid waste.
Sec. 4-153. Disposal of waste.
(a) Non-acceptable waste to be collected by private collectors or to be collected and removed by an occupant, owner, owner s agent, or operator shall be stored, handled and placed for collection in a manner as to prevent a nuisance as determined by the department of public works or its designee. Such waste shall not be placed or stored on any public street or way except by permission of the department of public works or its designee under such reasonable terms as the department of municipal inspections shall determine.
(b) Private collectors of solid waste may collect acceptable and non-acceptable waste within the city subject to the rules and regulations issued by the department of public works and any applicable provisions of the General Laws.
(c) When the director of public works or his designee refuses to remove solid waste for just cause, the occupant, owner, owner s agent, or operator responsible under the provisions of section 54-62(b) shall remove the same forthwith at no expense to the city.
Statutory reference-Permit for removal and transportation of garbage etc.; Mass.G.L. c. 111, § 31A.
Sec. 4-154. Time, place of collection.
(a) Unless otherwise determined through the regulations of the department of municipal inspections, acceptable solid waste shall be placed in suitable containers at the outer edge of the sidewalk appurtenant to the premises of the occupant or owner not later than 7:00 a.m. on the day of scheduled collection, and not earlier than 7:00 p.m. of the day preceding the day of scheduled collection. Reusable solid waste containers shall be removed from the sidewalk after collection as soon as possible, but in no case later than 12:00 a.m. of the day of scheduled collection.
(b) Acceptable solid waste shall be collected in accordance with a schedule published by the department of public works.
(c) No person shall willfully or maliciously tip over or spill the whole or any part of the contents of any container, holding rubbish. (Amended 3-10-97)
Statutory reference(s)-local solid waste regulatory powers, Mass.Gen.L. c. 111, §§ 31- 31B
Sec. 4-155. Administration.
(a) The department of public works may make such rules as are necessary to provide for the efficient and safe administration of solid waste under this article.
(b) The department of public works or its designee shall periodically inspect all phases of the municipal solid waste management system within and without the city.
Sec. 4-156. Collection fees for commercial establishments.
(a) The collection of wastes from commercial establishments, including non-residential generators shall be subject to an annual fee, commencing July 1, 1992, payable in accordance with a schedule determined by the director of public works as approved by the city manager.
(b) All fees to be collected under this ordinance shall be set annually by the director of the department of public works with the approval of the city manager in accordance with the provisions of chapter 40, section 22F of the General Laws and the Administrative Code. Prior to any alteration in the schedule of fees in existence as of November 24, 1994, or thereafter, the director of public works shall hold at least one public hearing on the proposed change. (Amended 3-10-97)
Sec. 4-157. Establishment of solid waste collection fee for private dwellings, schools, churches and other charitable organizations.
(a) A solid waste fee is hereby established for the collection of solid waste from private dwellings, schools, churches and other charitable organizations. This fee shall be collected annually in twelve (12) equal installments. All such fees applicable to residences shall be determined using the residential unit codes for tax assessment with the city of Chelsea.
(b) All fees to be collected under this ordinance shall be set annually by the director of the department of public works with the approval of the city manager. Prior to any alteration in the schedule of fees in existence as of November 24, 1994, or thereafter, the director of public works shall hold at least one public hearing on the proposed change.
(c) Churches, schools, and other non-profit/charitable organizations shall pay a trash fee equal to one-half of the fee for a commercial business of comparable size.
(d) Solid waste fees for private dwellings shall not be collected when the owner or occupant thereof presents a current contract for private rubbish collection. Such contract must be valid for and must remain in force for the entire term of the presently collectible solid waste fee. Such contract must include: (1) a clause requiring the contractor to notify the City in writing upon termination of the contract within five (5) business days; and (2) a clause accepting all duties, and liabilities for the non-payment of the balance of the customer s trash fee.
(e) Fees not collected shall be subject to all collection remedies as provided for real estate collection, including interest and demand fees. Any fee not paid thirty (30) days from the date of mailing of each bill may be liened to the property in the following fiscal year s real estate bill. Such liens shall remain valid to the extent allowed by law.
(f) Property owners shall be entitled to obtain a waiver of trash fees on a per-month basis for residential dwellings that are vacant for an entire month. It shall be the responsibility of the property owner to complete an affidavit as to the vacancy of the unit and submit same to the city department of public works. The city shall not issue a waiver of trash fees for any month that precedes the date the property owner s affidavit is submitted to the department of public works. Individuals who make one (1) or more false representations regarding the vacancy status of a residential dwelling unit shall be fined twice the amount of the single unit fee for each such false representation.
(g) Individuals who qualify for a statutory exemption under chapter 59, section 5, clauses 17c, 18, 22, 22A-E, 37, 41C, 42 and 43 of the General Laws shall be eligible for a reduced annual fee of twenty-five dollars ($25.00) upon application and approval by the director of the department of public works. The assessors shall determine if a person has qualified for tax exemption and is therefore eligible for trash fee abatement. (Amended 12-7-98; amended 3-10-97)
Secs. 4-158. 4-174. Reserved.
Division 4: Hazardous Materials
Sec. 4-175. General provisions.
Every owner or operator of a commercial or industrial establishment, including permitted home occupations, storing toxic or hazardous materials, shall register with the fire department the types of material stored, quantities, location and method of storage. The fire department may require, by written notification, that an inventory of some or all of such materials be maintained on the premises and be reconciled with purchase, use, sales and disposal records on a monthly basis, in order to detect any product loss. Maintenance and reconciliation of inventories shall begin within seven (7) days of receipt of notification from the fire department that inventories are required and shall be forwarded to the fire department as often as required by said department. The fire
department may publish lists of specific materials or classes of materials which must be registered and inventoried.
Sec. 4-176. Authority to charge for expenses.
The fire department may charge for expenses incurred for the enforcement of this chapter.
Sec. 4-177. Discharges prohibited.
All discharges of toxic or hazardous materials within the city are prohibited.
Sec. 4-178. Reports of spills and leaks.
All spills, leaks or other loss of toxic or hazardous materials shall be immediately reported to the fire department.
Sec. 4-179. Penalties.
Any person who is found guilty of a violation of this division shall be liable for a criminal fine of not more than three hundred dollars ($300), and shall in all other respects be subject to the provisions of section 1-7. Each day during which a violation continues shall constitute a separate offense; if more than one (1), each condition violated shall constitute a separate offense.
Secs. 4-180. 4-184. Reserved.
Division 5: Dumpsters
Sec. 4-185. Enforcement, issuance, fees.
(a) The department of municipal inspections and the fire department are hereby designated as the enforcing agencies of this division, according to their respective powers and duties. Any temporary permit or annual license required under this division shall be issued by the department of municipal inspections.
(b) In accordance with the provisions of chapter 40, section 22F of the General Laws and the Administrative Code of the city of Chelsea, the director of municipal inspections, subject to the approval of the city manager, may establish such fees as are deemed necessary and reasonable for all dumpster permits. A copy of the current fee schedule shall be placed on file in the city clerk s office by the director of municipal inspections. Such fee schedule shall be open for public inspection at the office of the city clerk during the regular business hours of city hall.
Sec. 4-186. Location.
Each dumpster must be located at a distance from the lot line, so as not to interfere with the safety, convenience, or health of abutters and residents and public, and not to damage the physical integrity of the curb and sidewalk. The location of dumpsters shall be subject to approval of the department of municipal inspections and the fire department.
Sec. 4-187. Screening.
All dumpsters in residential areas shall be covered with a screen. When deemed necessary by an enforcing agency it shall be required that a dumpster site be enclosed or screened by the dumpster owner or his authorized agent.
Sec. 4-188. Hours for use; protection when not in use.
No dumpster shall be filled between the hours of 11:00 p.m. and 7:00 a.m., in or upon residential property. All dumpsters on commercial property shall be filled prior to the close of the working day, but no later than 6:00 p.m., unless special circumstances are shown to the enforcing agencies, who then at their discretion may grant an extension of time. All dumpsters must be covered and secured at all times, except during the actual filling thereof.
Sec. 4-189. Size.
Each dumpster shall be of sufficient size and capacity, shall not be filled to overflowing and shall avoid noisome odors. The dumpster owner or his agent utilizing the dumpster service must take appropriate action to immediately cause the dumpster to be emptied of its contents when full. The department of municipal inspections may refuse an annual license or temporary permit, if in its discretion, the size or capacity of the dumpster does not fulfill the requirements of the department.
Sec. 4-190. Obstruction of traffic.
Each dumpster shall be situated so as not to obstruct the view of flowing traffic. No dumpster shall be placed or parked on a public way. If in the opinion of the department of municipal inspections, the primary department responsible for issuing permits, and the concurring approval of the following departments; public works, police chief, and fire chief, that a condition, constituting an emergency exists requiring the temporary placement of a dumpster on a public way, then a temporary permit may be issued.
If a temporary permit is issued for parking a dumpster on a public way, then such dumpster shall be clearly illuminated at night by lights or reflective materials. The police chief, or his designee, may require additional illumination. The police chief or his designee is hereby given authority to remove a dumpster from a public way that does not meet the requirements of this division or presents a threat to public safety. The cost of removal and storage of the dumpster shall be paid by the dumpster owner.
Sec. 4-191. Maintenance.
It shall be the responsibility of the dumpster owner to maintain the dumpster area free of odors, scattered debris, overflowing and all other nuisances. If the dumpster owner is notified that the dumpster upon his property is in violation of any of the foregoing offenses, the dumpster owner shall within twelve (12) hours of notification cause the offense to be remedied or shall be in violation of this division.
Sec. 4-192. Permit required, term.
A dumpster owner may be required to submit a certified plot plan indicating the location of the dumpster(s) and permit from the department of municipal inspectional for each dumpster in use upon his property. All permits shall expire at the end of the calendar year in which they were issued, but may be renewed each year on application as herein provided. The name and address of the owner and designee shall be kept on file in the department of municipal inspections.
Sec. 4-193. Contractor s registration permit and bond.
(a) No contractor shall supply a dumpster service in the city for the purpose of storage, removal or transportation of rubbish, garbage, offal and other materials and substances without first obtaining a registration permit from the department of municipal inspections. All registration permits shall expire at the end of the calendar year they are issued, but may be renewable upon application annually as herein provided. The name and address of the owner and designee shall be kept on file in the department of municipal inspections.
(b) No dumpster contractor shall be issued a registration permit without proof of liability insurance coverage in the amount of one hundred thousand dollars ($100,000), or a twenty-thousand dollar ($20,000) surety bond, approved by the Massachusetts Insurance Commissioner.
(c) No dumpster contractor shall provide a dumpster, temporary or annual, in the city without notifying the department of municipal inspections prior to its placement. Failure to do so may result in the revocation of all outstanding dumpster permits.
Sec. 4-194. Owner s permit.
No dumpster owner shall have, or maintain a dumpster on public or private property without obtaining the proper permits from the department of municipal inspections, and all other necessary city agencies prior to its placement. It is the responsibility of the dumpster owner to ensure that all other licenses, and permits required by the city have been obtained. The issuance of a dumpster permit shall under no circumstances be construed as a waiver from any other permit, or license required, nor any of the requirements, provisions, or regulations thereunder.
Sec. 4-195. Owner s temporary permit.
Temporary dumpster permits (roll-off or gondola type) will be issued to an individual for a period of time not to exceed fifteen (15) days, in connection with construction, demolition, fairs, carnivals or for other similar temporary needs. Such permit may be renewed for an additional fifteen (15) days, as the need requires and upon proper application. The individual shall comply with all the provisions of this division which are applicable to the operation of the dumpster.
Sec. 4-196. Display of contractor s name.
The contractor shall have his or his firm s name and business telephone number conspicuously displayed on the dumpster.
Sec. 4-197. Hours for emptying.
The emptying of the contents of the dumpster or its removal shall not commence before 7:00 a.m., or continue after 6:00 p.m. (Amended 3-10-97)
Sec. 4-198. Deodorization.
The contractor shall have the dumpster deodorized when emptied, washed or sanitized as directed by order of the department of municipal inspections.
Sec. 4-199. Application of division.
This division shall apply to all dumpsters used anywhere within the corporate limits of the city.
Sec. 4-200. Modifications, suspension, revocation of permits.
Permits may be modified, suspended, revoked or recalled by the director of the department of municipal inspections at his discretion for failure of the contractor and or owner to comply with the provisions of this division.
Sec. 4-201. Contractor s list of accounts.
All dumpster contractors shall supply the department of municipal inspections a list of all their active accounts in the city, prior to January 1st of each calendar year or upon request of the department of municipal inspections.
Secs. 4-202. 4-209. Reserved.
Chapter 5 TRAFFIC CONTROL*
Sections:
Sec. 5-1. Traffic and parking commission.
Sec. 5-2. City traffic regulations.
Sec. 5-3. Moving buildings.
Sec. 5-4. Inoperable or abandoned vehicles on public or private ways.
Sec. 5-5. Towing.
Sec. 5-6. Authorization of police to tow.
Sec. 5-7. Towing on private property.
Sec. 5-8. Towing and storage fees.
Sec. 5-9. Damages during removal or storage of towed vehicles.
Sec. 5-10. Record of towed vehicles.
Sec. 5-11. Penalties and enforcement.
Secs. 5-12. 5-50. Reserved.
* Statutory Reference(s) Municipal authority to regulate vehicles, Mass.Gen.L. c. 40, § 22; rules of the road, Mass.Gen.L. c. 89, §§ 1 11; motor vehicles generally, Mass.Gen.L. c. 90; public ways and works regulations and by-laws, Mass.Gen.L. c. 85.
Sec. 5-1. Traffic and parking commission.
(a) There is hereby established in the city a traffic and parking commission, to consist of the chief of police, who shall serve as chairman, the fire chief, director of public works, director of community development, or their designees, and one resident member appointed in accordance with section 6-3 of the City Charter.
(b) The members of the commission shall receive no compensation for their services as commissioners, but all expenses incurred for their purposes shall be paid by the city from an appropriation provided for that purpose. All statutes, administrative orders and policies applicable to departments shall apply to the commission.
(c) The commission shall have exclusive authority, except as otherwise herein provided, to adopt, amend, alter, and repeal rules and regulations, not inconsistent with the general laws, relative to vehicular traffic in the city, and to the movement, stopping or standing of vehicles on, and their exclusion from, all or any streets, ways, highways, roads, and parkways, under the control of the city, including rules and regulations designing any way or part thereof under said control as a through way under and subject to the provisions of section nine of chapter eighty-nine of the General Laws.
(d) The commission may prescribe penalties for the violation of any rule or regulation adopted hereunder.
(e) All rules and regulations promulgated by authorized vote of the traffic and parking commission shall become effective upon publication in at least one newspaper of general circulation in the city.
(f) Public notice, as required above, shall not be required for temporary rules and regulations. The commission shall have authority to declare temporary rules and regulations, where urgently required by consideration of public safety or convenience. No such rule or regulation promulgated pursuant to this paragraph may be effective for more than thirty days from the date of enactment.
(g) Ten residents of the city, who are eighteen years of age or older, may petition the traffic and parking commission relating to any rule or regulation adopted or proposed to be adopted provided the regulation has not been in effect for a period no longer than ninety (90) days.
(h) The commission shall hold a public hearing thereon within thirty (30) days after the filing with the commission of such petition. If a public hearing shall be held pursuant to this section on any proposed rule or regulation, the proposed rule or regulation shall not be adopted until the public hearing has been concluded. After the public hearing has been held, any vote on the subject matter must be passed by a majority of the entire membership of the commission. Petitioners may be represented by any interested party, or legal representative.
(i) All rules and regulations adopted after any public hearing shall be advertised once in one (l) or more newspapers published or distributed in the city.
(j) The commission shall have power to erect signals, markings, and other devices for the control of traffic in the city and for informing and warning the public as to rules and regulations adopted hereunder, subject, however, to section two of chapter eighty-five and sections eight and nine of chapter eighty-nine of the General Laws.
(k) Nothing in this ordinance shall be construed to authorize the commission to modify or limit any power or authority of the Metropolitan District Commission, of the Massachusetts Bay Transit Authority, of the state highway department or the state department of public utilities, or any power now vested in the director of public works with reference to the issuance of licenses or permits for the opening, using or occupying of streets and sidewalks.
Sec. 5-2. City traffic regulations.
All existing traffic regulation relating to the flow and control of vehicles shall remain in full force and effect until superseded by regulations adopted by the traffic commission. At least three copies of the current traffic regulations shall be maintained on file at the city clerk s office, and shall be open for public inspection during the business hours of city hall. The traffic commission shall be responsible for placing said regulations on file with the city clerk.
Sec. 5-3. Moving buildings.
No person shall move a building in a public way without a permit. Such permit may be issued by the traffic commission, and upon such terms as in its opinion public safety may require, and such person shall execute a bond to the city in such a sum as the traffic commission deems appropriate.
At their discretion, any permit granted pursuant to this ordinance may be suspended by the director of public works, or the chief of police, if necessary for the continued safety of the public.
An individual aggrieved by the decision of the director of public works or the chief of police may appeal to the licensing commission.
At its discretion, any permit granted pursuant to this ordinance may be suspended, modified, or revoked by the licensing commission, if necessary for the continued safety of the public.
Sec. 5-4. Inoperable or abandoned vehicles on public or private ways.
(a) Inoperable or abandoned vehicles of every description, left standing on any public street, way, place, or private way, open to the public for at least seventy-two (72) consecutive hours shall be towed at the expense of the owner.
(b) The last registered owner or other person having custody or control of such vehicle, whether or not towed, shall, notwithstanding subsection (a), be subject to all ordinances, rules and regulations concerning stopping, standing, parking and operation of vehicles and be subject to the penalties for violation thereof.
Statutory reference-Abandoned motor vehicles, Mass.Gen.L. c. 90, §§ 22B, 22C.
Sec. 5-5. Towing.
Vehicles found in violation of the provisions of this chapter, except those specifically exempt by law, shall be removed to a convenient place in accordance with the procedures of the traffic commission and the regulations of the police department.
Sec. 5-6. Authorization of police to tow.
The moving or towing of any vehicle under the provisions of this chapter shall be by and at the direction of the chief of police or such other officer of the rank of sergeant or higher as the police chief may from time to time designate.
Sec. 5-7. Towing on private property.
In accordance with this article, the police department is authorized to tow, subject to the provisions of chapter 90, §22C of the General Laws.
Sec. 5-8. Towing and storage fees.
Unless otherwise provided by regulation of the traffic commission, the owner of a vehicle shall be liable for the cost of removal, and for the storage resulting therefrom, at the maximum rate established by the Department of Public Utilities, under the authority of chapter 159B, section 6B of the General Laws.
Sec. 5-9. Damages during removal or storage of towed vehicles.
The contractor shall be liable to the owner of any vehicle removed under this article for any damages arising out of negligence caused to a vehicle in the course of removal and storage.
Sec. 5-10. Record of towed vehicles.
The police department shall keep a record of all vehicles towed or removed under the provisions of this article. Such record shall be retained for one (1) year and shall contain the following information:
(1) The registration of the vehicle.
(2) The location from which it was towed, date and time.
(3) The location to which it was towed.
(4) The fee charged for towing and storage.
(5) Name of towing contractor, if any.
(6) Name and rank of officer who authorized towing.
Statutory reference(s)-Vehicles parked in violation of the law-M.G.L. c. 40, § 22D.
Sec. 5-11. Penalties and enforcement.
(a) The traffic and parking commission may prescribe penalties for violations of the provisions of this chapter, and for violations of the rules and regulations of the traffic and parking commission, pursuant to chapter 40, section 21D of the General Laws.
(b) Police officers of the city of Chelsea shall be authorized to enforce the provisions of this chapter, and any rules, regulations, or orders of the traffic and parking commission.
Secs. 5-12. 5-50. Reserved.
Chapter 6 PUBLIC WORKS
Sections:
Article I. General Water and Sewer Requirements
Sec. 6-1. Definitions.
Sec. 6-2. Authority of city personnel.
Sec. 6-3. Rooms of the director of public works.
Sec. 6-4. Plans, record of charges and assessments.
Sec. 6-5. Assessments.
Sec. 6-6. Establishment of water and sewer billing rates.
Sec. 6-7. Reserved.
Sec. 6-8. Servicing of, and application for system service.
Sec. 6-9. Transfer of water service.
Sec. 6-10. Maintenance of plumbing.
Sec. 6-11. Work on customer s premises.
Sec. 6-12. Protection from damage.
Sec. 6-13. Reserved.
Sec. 6-14. Joint use of service pipe trench.
Sec. 6-15. Vacancies.
Sec. 6-16. Discontinuance of service.
Sec. 6-17. Liability for interrupted or unsatisfactory service.
Sec. 6-18. Applicable regulations and codes.
Sec. 6-19. Regulations, fees and conditions.
Sec. 6-20. Reserved.
Sec. 6-21. Reserved.
Sec. 6-22. Penalties.
Sec. 6-23. Notice and hearing rights.
Sec. 6-24. Cease and desist order-compliance schedule.
Secs. 6-25. 6-39. Reserved.
Article II. Sewer Connections
Sec. 6-40. Building sewers and connections.
Sec. 6-41. Use of the public sewers.
Sec. 6-42. Penalties for discharge.
Sec. 6-43. Grease and oil separators.
Sec. 6-44. Preliminary treatment.
Sec. 6-45. Owner manholes.
Sec. 6-46. Measurements.
Sec. 6-47. Industry monitoring.
Sec. 6-48. Industrial waste permit.
Sec. 6-49. Industrial permit conditions.
Sec. 6-50. Transfer of industrial permit prohibited.
Sec. 6-51. Revocation of industrial permit.
Sec. 6-52. Special agreements.
Secs. 6-53. 6-69. Reserved.
Article III. Water
Sec. 6-70. Installation, ownership and maintenance of service pipe.
Sec. 6-71. Temporary service.
Sec. 6-72. Winter provisions.
Sec. 6-73. Safeguarding use of hot water tanks.
Sec. 6-74. Restriction of water use.
Sec. 6-75. Meters.
Sec. 6-76. Standards for meter accuracy.
Sec. 6-77. Tampering, etc. with meters.
Sec. 6-78. Public hydrants.
Sec. 6-79. Private fire protection.
Sec. 6-80. Water main connections.
Sec. 6-81. Backflow and cross-connection.
Sec. 6-82. Water system.
Sec. 6-83. Utility system.
Sec. 6-84. Customer system.
Sec. 6-85. Connection requirements.
Sec. 6-86. System operation.
Sec. 6-87. Installation of backflow prevention device.
Sec. 6-88. Authority over backflow device installation and operation.
Sec. 6-89. Type of protective device required.
Sec. 6-90. Approved protective devices.
Sec. 6-91. Customer/user duties.
Sec. 6-92. City required inspections, etc.
Sec. 6-93. Present devices.
Sec. 6-94. Point-of-entry devices.
Sec. 6-95. Point-of-entry device, buildings serving twenty-five (25) people or less.
Sec. 6-96. Water conservation.
Sec. 6-97. Public recreational sprinkler devices and hoses.
Sec. 6-98. Application for permanent service.
Sec. 6-99. Limitations on opening fire hydrants.
Sec. 6-100. Recovery of abatement, compensation, etc., for termination of service.
Secs. 6-101. 6-114. Reserved.
Article IV. Streets and Sidewalks
Sec. 6-115. Street names, and building numbering.
Sec. 6-116. Obstruction in streets and gutters.
Sec. 6-117. Fences or buildings on lines of public ways.
Sec. 6-118. Erection on public ways.
Sec. 6-119. Encroachment by gates, doors.
Sec. 6-120. Openings, etc., to cellars, basements, etc., in public way Permit required.
Sec. 6-121. Same-guards and lighting.
Sec. 6-122. Raising or lowering merchandise over streets.
Sec. 6-123. Depositing rubbish or filth in public ways.
Sec. 6-124. Snow and Ice Removal.
Sec. 6-125. Placing snow and ice in street prohibited.
Sec. 6-126. Depositing glass in public ways.
Sec. 6-127. Tipping over or spilling contents of boxes, barrels or vessels.
Sec. 6-128. Repairing vehicles on public ways, sidewalks.
Sec. 6-129. Washing vehicles in streets prohibited.
Sec. 6-130. Vehicles not permitted to cross sidewalks except at driveways.
Sec. 6-131. Abandonment of vehicles on public or private ways.
Sec. 6-132. Street games.
Sec. 6-133. Sidewalk construction supervision, materials, etc.
Sec. 6-134. Obstructing sidewalks and public ways.
Sec. 6-135. Wells, cisterns and other excavations near public ways.
Sec. 6-136. Asphalt street and sidewalk openings.
Sec. 6-137. Protection of public.
Sec. 6-138. Emergency phone numbers.
Sec. 6-139. Notice to repair defective or dangerous conditions.
Sec. 6-140. Manner of serving notice to repair defective or dangerous conditions.
Sec. 6-141. Failure to comply with notice to repair defective or dangerous conditions.
Sec. 6-142. Leaving coalholes and other apertures open.
Sec. 6-143. Permit for use of public way for building repair required.
Sec. 6-144. Use of unallotted portions of public way; removal of rubbish, etc.
Sec. 6-145. Barrier required; lighting.
Sec. 6-146. Passageway for pedestrians required.
Sec. 6-147. Responsibility for injuries.
Sec. 6-148. Construction, laying out, alteration, etc., approval by planning board.
Sec. 6-149. Construction, laying out, alterations, etc.
Sec. 6-150. Materials deposited from tires and cleats.
Sec. 6-151. Signs, awnings, canopies, etc.
Sec. 6-152. Exhibition of permit.
Secs. 6-153. 6-159. Reserved.
Article I. General Water and Sewer Requirements
Sec. 6-1. Definitions.
Unless the context specifically indicates otherwise, the meaning of terms used in this ordinance shall be as follows:
Abandonment shall mean the condition in which water service to a building has been
discontinued at the owner s request for a period of at least one year, and the owner has made no
commitment as to possible future use.
Applicant shall mean any person applying for water and/or sewer service or for a water and/or a
sewer main extension, replacement or relocation.
Approved shall mean accepted by the Superintendent as, meeting an applicable specifications
stated or cited in these rules, regulations and ordinances, or as suitable for the proposed use.
Auxiliary water supply shall mean any water supply on or available to the premises other than the
purveyor s approved public potable water supply.
Backflow shall mean the flow of water or other liquids, mixtures or substances under pressure
into the distributing pipes of a potable water supply system from any source or sources, other
than its intended source.
Backflow Preventor shall mean a device or means to prevent backflow or back-siphonage.
Back-siphonage shall mean the flow of water or other liquids, mixtures or substances into the distributing pipes of a potable water supply system from any source, other than its intended source, caused by a sudden reduction or pressure in the potable water supply system.
BOD or Biochemical Oxygen Demand shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty degrees celsius (20°), expressed in milligrams per liter.
Building shall mean any structure used for human occupancy, employment, recreation or other
purposes.
Building Drain shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning ten (10) feet (3.0 meters) outside the inner face of the building wall.
Building Sewer shall mean the extension from the building drain to the public sewer or other
place of disposal.
City shall mean the city of Chelsea, Massachusetts.
Combined Sewer shall mean a sewer designed to receive both surface runoff and sewage. Consumption shall mean the amount of water use, as measured by a meter or as estimated by the department of public works in accordance with its billing, termination and appeal sections of this chapter.
Contamination shall mean an impairment in the quality of the potable water by sewage, industrial fluids or waste liquids, compounds or other materials to a degree which creates an actual hazard to the public health through poisoning or though the spread of disease.
Contractor shall mean a person who performs plumbing, paving, sidewalk, sewer, water or other work for an owner or the city.
Cross connection shall mean any physical connection or arrangement of piping or fixtures between two otherwise separate piping systems, one of which contains potable water and the other non-potable water or industrial fluids of questionable safety, through which, or because of which, backflow or back-siphonage may occur into the potable water system.
Cross connections-controlled shall mean any connection between a potable water system and a non-potable water system with an approved backflow prevention device, properly installed, that will continuously afford the protection commensurate with the degree of hazard.
Cross connection control by containment shall mean the installation of any approved backflow prevention device at the water service connection to any customer s premises, or the installation of an approved backflow prevention device on the service line leading to and supplying a portion of a customer s water system where these are actual or potential cross connections which cannot be effectively eliminated or controlled at the point of cross connection.
Customer shall mean any person, firm, corporation, body politic or organization of any type supplied with water and sewer use by the city of Chelsea department of public works.
DEP shall mean the Massachusetts department of environmental protection and all of its divisions.
Department shall mean the city of Chelsea department of public works, represented by the director of public works.
Design Criteria shall mean standards for design used by the department for construction and rehabilitation of public water and sewer mains, water and sewer service pipes and fire pipes.
Director shall mean the director of public works for the city of Chelsea.
Discontinuance shall mean the cessation of water service at the premises at the request of an owner or customer, except that a request for a temporary cessation for repair does not ordinarily give rise to discontinuance.
Easement shall mean an acquired legal right for the specific use of land owned and maintained by others.
Fire Service Pipe shall mean the private water piping, control valve and appurtenances installed solely to furnish water for extinguishing fires.
Fire Flow Test shall mean the measurement of flow from a hydrant performed by the department or it s authorized agent in accordance with generally accepted engineering practices.
Garbage shall mean solid wastes from the domestic and commercial preparation, cooking, and dispensing of food, and from the handling, storage, and sale of produce.
Hazard, Degree of shall mean a term derived from an evaluation of the potential risk to public health and the adverse effect of the hazard upon the potable water system.
Hazard, Health (high hazard) shall mean any condition, device or practice in the water supply system and its operation which could create, or, in the judgment of the director, creates a danger to the health and well being of the water customer.
Hazard, Plumbing (high hazard) shall mean a plumbing type cross connection between the customer s potable water system and a non-potable water system which contains or may contain a substance that will impair the quality of the potable water system to a degree that it creates a serious health hazard to the public leading to poisoning or the spread of disease and is not protected by an air gap separation or a reduced pressure principle backflow preventor.
Hazard, Pollutional (low hazard) shall mean an actual or potential threat to the physical properties of the water system or to the potability of the public or the consumer s potable water system, but which would constitute a nuisance or be aesthetically objectionable or could cause damage to the system or its appurtenances, but would not be dangerous to health.
Hydrant shall mean a device connected to a public water main for purpose of extinguishing fires or other authorized purposes.
Hydrant Permit shall mean a written permit granted by the department for the temporary use of a hydrant.
Industrial Fluids System(s) shall mean any system(s) containing a fluid or solution which may be chemically, biologically or otherwise contaminated or polluted in a form or concentration such as would constitute a health, system, pollutional or plumbing hazard if introduced into an approved water supply.
Industrial Wastes shall mean the liquid wastes from industrial manufacturing processes, trade, or business as a distinct form of sanitary sewage.
Lien shall mean the statutory lien of the municipality as defined in the General Laws of Massachusetts, Chapter 40, Section 42A-42F.
Main Pipe shall mean the water main, so-called, from which service connections are made to supply water to customers.
Master Meter shall mean a meter used for billing purposes serving a building or group of buildings or any other meter used on a water service connection that has more than one meter on water lines attached to the water service connection.
May is permissive.
Meter shall mean an instrument for measuring the flow of water.
Meter Pit shall mean an underground vault enclosing a meter.
MWRA shall mean the Massachusetts Water Resources Authority.
Natural Outlet shall mean any outlet into a watercourse, pond, ditch, lake or other body or surface or groundwater.
Owner shall mean a person who alone, or jointly or several with others, has the legal title to any premises or has care, charge or control of any premises as agent, executor, administrator, trustee, lessee or guardian of the estate of the holder of legal title.
Person shall mean any individual, firm, company, association, society, corporation, or group.
PH shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.
Plumber shall mean a person licensed as a plumber by the Commonwealth of Massachusetts.
Point-Of-Entry Device shall mean a purported water treatment device applied to the drinking water entering any building for the purpose of reducing contaminants in the drinking water entering that building.
Pollution shall mean the presence of any foreign substance (organic, inorganic, or biological) in water which tends to degrade its quality so as to constitute a hazard or impair the usefulness or quality of the water to a degree which does not create an actual hazard to the public health, but which does adversely and unreasonably affect such waters for domestic use.
Potable Water shall mean water fit for human consumption in conformance with the regulations of the Massachusetts Department of Environmental Protection from a source which has been approved by the Massachusetts Water Supply and Pollution Control Commission.
Private Fire Protection shall mean private water mains, fire pipes and other appurtenances installed for the purpose of fire protection at particular premises.
Properly Shredded Garbage shall mean the wastes from the preparation, cooking, and dispensing of food that have been shredded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half (½) inch (1.27 centimeters) in any dimension.
Public Fire Protection shall mean the public water mains, hydrants, and appurtenances installed for the purpose of fire protection in a public way, city-owned easement or private way open to public travel.
Public Sewer shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.
Public Water Main shall mean the piping and associated valve, hydrants and appurtenances installed in a public way, city-owned easement, or private way open to public travel, for the purpose of supplying water to one or more customers or for public fire protection.
Release Agreement shall mean a form prescribed by the department, which when duly completed, accepted and signed by the city and filed with the Suffolk County Registry of Deeds, transfers ownership of water facilities to the city and/or grants to the city an easement with respect to such facilities.
Residential Meter shall mean a meter two inches in size or smaller used to measure the flow of water to predominantly residential property.
Sanitary Sewer shall mean a sewer which carries sewage, and to which storm, surface and groundwater are not intentionally admitted.
Service Pipe shall mean the pipe running from the main pipe to the building or meter on the premises of the customer.
Sewage shall mean a combination of the water-carried wastes from residence, business buildings, institutions, and industrial establishments, together with such ground, surface, and stormwater as may be present.
Sewage Treatment Plant shall mean any arrangement of devices and structures used for treating sewage.
Sewage Works shall mean all facilities for collecting, pumping, treating, and disposing of sewage.
Sewer shall mean a pipe or conduit for carrying sewage.
Shall is mandatory.
Shut Off shall mean the closing of a control valve to temporarily stop water service or to terminate water service.
Sludge shall mean any discharge of water, sewer, or industrial waste which in concentration of any given constituent or in quantity of flow exceeds for any period of duration longer than fifteen (15) minutes, more than five (5) times the average twenty-four (24) hour concentration or flows during normal operation.
Storm Drain (sometimes termed Storm Sewer ) shall mean a sewer which carries storm and surface waters and drainage, but excludes sewer and industrial wastes, other than unpolluted cooling water.
Suspended Solids shall mean solids that either float on the surface of, or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.
Termination shall mean the cessation of water service pursuant to the city s ordinance sections pertaining to billing, termination and appeal contained herein or violations of those ordinance sections.
User shall mean any person who obtains water or sewer service through connection to public facilities.
Watercourse shall mean a channel in which a flow of water occurs, either continuously or intermittently.
Water, Non-potable shall mean water which is not safe for human consumption or which is of questionable potability.
Water, Service Connection shall mean the terminal end of a service connection from the public potable water system; I.E., where the water purveyor loses jurisdiction and sanitary control over the water at its point of delivery to the customer s water system.
Water, Used shall mean any water supplied by a water purveyor from a public potable water system to consumer s system after it has passed through the point of delivery and is no longer under the sanitary control of the water purveyor.
Sec. 6-2. Authority of city personnel.
(a) The director and any other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling, and testing of water supply piping and appurtenances, installing water meters and addressable read devices, sanitary sewer piping and appurtenances, storm sewer piping and appurtenances, and combined sewer piping and appurtenances in accordance with the provisions of this ordinance. The director or his representative shall have no authority to inquire into any processes, including metallurgical, chemical, oil, refining, ceramic, paper, or oth | 
