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General Code as of January 2000
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) 466-4050 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. 8-108-49  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. 4-1854-209        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. 4-1004-209        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. 9-19-200  50      Second Offense  Police Officers
        100     Third Offense   Building Inspectors
                        Code Enforcement Inspectors

Noise Ordinance Warning First Offense   Police Officers
Sec. 9-19-200  $  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. 6-1156-159        150     Second Offense  Police Officers
        300     Third Offense   Fire Prevention Officer

Solid Waste Collection  $  50   First Offense   Pub. Works Dept. Personnel/
                          Designee
Sec. 4-1504-174        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 persons 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 officials or such employees 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 citys 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 officials 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 officials or employees 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 owners 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 managers 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 citys 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 owners 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 owners 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 juveniles parent or guardian;
        (b)     On an errand at the direction of the juveniles 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 juveniles residence or abutting the residence of a next-door neighbor, if the neighbor did not complain to the police department about the juveniles 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 offenders 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 days 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 owners 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 RemovalEvaluation 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 PlanEvaluation 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 citys 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, permissionrequired.
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 wiringRestricted.
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.     Contractors registration permit and bond.
Sec. 4-194.     Owners permit.
Sec. 4-195.     Owners temporary permit.
Sec. 4-196.     Display of contractors 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.     Contractors 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 clerks 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 clerks 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 clerks 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 citys purchase price plus two and one-half percent (2.5%). Such additional charge shall be for the citys 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 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.
        (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 clerks 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 clerks 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 days 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 days 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, §§ 120; poles and wires, Mass.Gen.L. c. 166, §§ 3042.

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 clerks 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, permissionrequired.
        (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 wiringRestricted.
        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 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.
        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 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.

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, owners 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, owners 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 customers 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 years 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 owners 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 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.

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.     Contractors 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.     Owners 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.     Owners 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 contractors name.
        The contractor shall have his or his firms 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.     Contractors 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, §§ 111; 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 clerks 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 customers 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 wayPermit 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 constructionsupervision, 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 owners 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
purveyors 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 customers premises, or the installation of an approved backflow prevention device on the service line leading to and supplying a portion of a customers 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 its 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 customers 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 consumers 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 citys 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 customers water system.
        Water, Used shall mean any water supplied by a water purveyor from a public potable water system to consumers 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 other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for wastes treatment.
        (b)     While performing any necessary work on private properties as set out in this chapter, the director or duly authorized employee of the city shall observe all safety rules applicable to the premises established by the company, and the company shall be held harmless for injury or death to the city employees and the city shall indemnify the company against loss or damage to its property by city employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required by this chapter.
        (c)     The director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage and/or water works lying within said easement. All entry and subsequent work, if any, on said easement, shall be done in full accordance with the terms and duly negotiated easement pertaining to the private property involved.
        (d)     The contractor installing sewer or water pipes and appurtenances shall give reasonable notice, as determined by the director of the department for the need for inspection of installed sewer and water pipes and appurtenances prior to covering up any work.
        (e)     The director shall set and collect reasonable charges for providing inspection of sewer and water works covered under these regulations and applicable state and federal laws, including but not limited to cross-connection control surveys. The director may require that an applicant for sewer and/or water service pay the cost of providing full time inspection of sewer and water works installed as a result of approval of such application by the director.

Sec. 6-3.       Rooms of the director of public works.
        The offices of the director of public works shall be considered a part of the office of the city clerk for the purpose of filing plans relating to the streets and sewers which by the laws of the commonwealth or ordinances of the city are required to be filed in the office of the city clerk.     

Sec. 6-4.       Plans, record of charges and assessments.
        Plans and descriptions of all public and private storm drains and sanitary sewers and lateral connections thereto shall be kept in the office of the director of public works.

Sec. 6-5.       Assessments.
        (a)     The city council shall make all assessments upon persons and estates benefited by the laying of public sanitary sewers, or water mains in accordance with provisions of chapter 83 of the General Laws, and of acts in amendment thereof or addition thereto. All persons or estates so benefited shall be assessed an amount equal to one-half the cost of construction, and for that purpose the department of public works shall furnish the city council with such facts as to cost of construction, owners of abutting estates, and other persons benefited thereby and such other information as may be required in making such assessments.
        (b)     The city council shall deliver a list of such assessments provided for in the preceding section, when made, with their warrant to the collector of taxes, who shall demand payment of the same forthwith, in writing, and proceed in the collection thereof in the manner prescribed by law.

Statutory referenceSewer assessments, Mass.Gen.L. c. 83, §§ 1424.

Sec. 6-6.       Establishment of water and sewer billing rates.
        (a)     On all premises where water meters have been set, the owner of the premises shall pay the rates according to the schedule established by the director for the entire amount of water used upon such estates, irrespective of leases or individual consumers. Where a meter is set to cover the use of an elevator no water shall be drawn through the meter for any other purpose. Sewer rates shall be calculated based upon metered water use and amounts of both BOD and suspended solids in the discharge to the sewer as determined by the director. Rates chargeable by the department for water and sewer service and payable by the customer shall be determined by the director and approved by the city manager, based upon recognized accounting methods for a water enterprise system in conjunction with chapter 40 section 42A-42F of the General Laws, and to fairly distribute the burden of maintenance of plant, capital improvement costs and other costs upon respective customers. All premises in the city connected to the public sewer collection system, or the water distribution system, including direct and indirect connections to the MWRA systems, shall be liable for use charges applicable to same.
        (b)     Bills for water and sewer service will be due and payable monthly, upon presentation of the bill. The failure of the customer or his/her agent to receive notice of his water bill does not relieve him from the obligation of its payment nor from the consequences of its nonpayment. All charges are due and payable upon presentation of the bill and are past due twenty (20) days after the date of the bill. Under the provisions of chapter 40, sections 42A-42F of the General Laws, and chapter 80, sections 4-13 of the General Laws, all charges such as water and sewer bills for water consumed and sewage discharged, all normal department charges, and all other special charges covered by rules, regulations and ordinances enacted by the city shall become a lien upon any real estate where such water is furnished, and said lien shall continue until the lien is settled; and said lien may be enforced by a suit on behalf of the department, ordered by the director against the owner of such real estate. The records in the office of the department of the amount of unpaid water furnished and all other unpaid charges, all as aforesaid, shall be sufficient notice to maintain suit upon such lien against the original owner or subsequent purchasers or attaching creditors of said real estate.
        (c)     When a customers credit is, or becomes, impaired, the department may, when it deems it necessary to guarantee payment of current bills, require a deposit. Such a required deposit shall not exceed the amount of money for the largest estimated single bill expected during the subsequent year, provided that a deposit in an amount determined by the director of public works may be required, such deposit to be refunded when the customer has established credit satisfactory to the department.
        (d)     Upon termination of service the department shall have the right to apply any deposit in payment of any billing in arrears, if such billing shall be unpaid for a period of twenty days beyond the due date. Such application of the deposit by the department shall not constitute a waiver of the departments rights otherwise to enforce collection of the remaining required payment in accordance with this ordinance.

Sec. 6-7.       Reserved.

Sec. 6-8.       Servicing of, and application for system service.
        (a)     No unauthorized person shall uncover, make any connections with or opening into, repair, relocate, use, alter, or disturb any water main, service pipe, water meter, hydrant, sanitary sewer main, storm sewer main, combined sewer main, building sewer, sewer manhole, drain manhole, combined sewer overflow, drainage work, catchbasin or appurtenance thereof without first obtaining a written permit from the director. The director shall specify in each permit the nature of the work to be performed, including the size, material, mode of construction, location, direction and grade of all water and sewer pipes and appurtenances. Before opening, occupying and using portions of the streets for the purpose of performing work on sewer and/or water facilities contained therein, a street opening permit in accordance with section 6-136 shall be obtained. Submission of a false permit application shall be subject to applicable enforcement and penalties.
        (b)     Application for water and/or sewer service must be made in writing to the director at the office of the department of public works on forms provided by the department, stating truly and fully the various uses for which the water is to be supplied or sanitary discharge constituents and flows, signed by the owner of the premises to be supplied or his properly authorized agent. An acceptance by the department of public works of the application shall constitute a contract between the department and the applicant obligating the applicant to pay the department its established rates and charges, and to comply with the rules and regulations of the department. The department may hold the request for a period of forty-five (45) days in order to ascertain if more information regarding the application is deemed advisable by the director. Upon completion of the work, the permit shall be returned to the director stating and showing the location by dimensions to fixed structures the work performed.
        (c)     The department reserves the right to assign size and location of the water and/or sewer service.
        (d)     Before commencing work on any public water main, public or private water service, public sewer main, private building sewer or drain extension, replacement or relocation, a contractor working for the city or for an owner on city owned property or easements shall: file a bond with the department of public works in an amount acceptable to the director and on a bond form approved by the city, and be approved by the director. The minimum amount of the bond shall be in the dollar amount of whichever is the greater of ten thousand dollars ($10,000), or the dollar value as figured by the director, of completely performing the work including the cost of all regulatory requirements. Such a bond is required for each and every separate instance of work.
        (e)     Applications will be accepted, subject to there being an existing main in a street, alley or right-of-way abutting on the premises to be served, but acceptance shall in no way obligate the department to extend its mains to service the premises, except as hereinafter provided.
        (f)     The director may deny the request of an applicant to extend, replace or relocate a public water service or main, public sewer main, private building sewer or drain, if in the directors opinion adequate water pressure cannot be achieved or the proposed work does not conform to the departments design criteria. The director may condition his approval of a request to extend, replace or relocate a main or service. Among other things, the director may require that an applicant who proposes to extend, replace or relocate a public water main or service, public sewer main, private building sewer or drain install a larger pipe size than that required to serve the applicant.
        (g)     If an applicant requests a new water service or to increase the quantity of water drawn through an existing service, or requests an increase in the quantity or type of sanitary sewage or storm water runoff into the sanitary sewer collection system, or the storm drainage system, the director may in his judgment determine that such requests impose a demand in excess of the capacity of the supply water main or receiving sewer or drain, and therefore that is necessary to replace the existing main with one of appropriate size. The full cost thereof, including any test, studies, investigations and inspections required for design and construction, shall be paid by the applicant. When the city must perform professional engineering and legal reviews for major development projects, the applicant shall pay for such reviews in amounts determined by the director.
        (h)     All excavations for water mains and services, combined, sanitary and storm sewer mains and building sewer installations shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city in accordance with the requirements of section 6-136. Prior to obtaining a permit to install or repair a sanitary sewer, building sewer, private sewer, to make a connection to a public sewer, water service or main, the owner or the owners authorized agent must notify, by certified mail at least twenty-four hours in advance of performing the work all public and private utility departments and companies of the applicants intentions. Written proof of such notification must be made a part of the application submitted to the department. Dig Safe must be notified in accordance with state law. The city of Chelsea, Chelsea Water and Sewer and the MWRA are not members of Dig Safe and must be notified separately. Normally scheduled non-emergency work is to be performed only during the weekdays of Monday through Friday, holidays excluded, during the hours of 7 a.m. to 4 p.m.. After hours, weekend, holiday, and emergency work can be scheduled with the directors permission. No laying, or repairing sewer and/or water mains and services or appurtenances shall be commenced, unless the permit to do so is issued by the director and is at the site of the work, in the hands of the licensed installer or his employee. All work shall be completed within the time limitations stated in the permit, which shall be established by the director at the time the permit is issued. If not so completed, a new permit shall be obtained by the owner to validate continuance of the work. Whenever any ground penetration or opening is made for the purpose of installing, laying, removing, repairing any water, sewer, gas, telephone, or electrical facilities and appurtenances including but not limited to pipes, manholes, poles, valves, device or structure the same shall be done in a manner, so as not to interfere with existing sewer, water and drain facilities without the express written permission of the director.
        (i)     Use of water is confined to the premises named in the contract. No customer shall supply another not entitled to the use of water, nor shall he use it for any purpose not identified in his application. No person shall obtain water service from any hydrant, fountain, or other fixture of the department without previous written consent of the director.
        (j)     All persons wishing to perform alterations, installations, maintenance, repair and replacement of connections to the public sewer and the water distribution system must be licensed by the director. Application for such license must be on a form prescribed by the director and submitted to the director for approval at least forty-five (45) days prior to any work by the applicant taking place.

Sec. 6-9.       Transfer of water service.
        Whenever an owner sells or transfers property for which application for service has been granted, he shall promptly notify the department in writing, giving the name, address and telephone number of the new owners, who must forthwith make application for future service. A lien for water furnished to the prior owner, as set out in section 6-6(b), shall continue to be in effect according to chapter 40, section 42A-42F of the General Laws.

Sec. 6-10.      Maintenance of plumbing.
        (a)     All customers shall maintain the plumbing and fixtures within their own premises in good repair and protected from freezing at their own expense. They shall make any repairs which may be necessary to prevent leaks and damage. No cross-connection between the public water supply and any other supply will be allowed. No connection capable of causing backflow between the public water distribution system and any plumbing fixture, device or appliance, or between any waste outlet or pipe having direct connection to waste drains will be permitted. The owner shall also not tamper with or block access to the water meter ARB outside reading device.
        (b)     No customer shall install any additions or alterations of any service pipe or pipes for any purpose not mentioned in the customers application without first giving written notice to the department and obtaining its approval.

Sec. 6-11.      Work on customers premises.
        (a)     In places where the department undertakes to do work on the customers premises, applications for such work shall be made in writing on forms provided by the department and a deposit may be required equal to the departments estimated cost of the work. Upon completion of the work, a bill will be rendered. Any excess deposit will be returned, and any amount due in excess of deposit will be payable within 30 days. The department shall charge for labor, material, permit and administrative costs necessary to perform the work and to process permit applications for such work. Bills rendered and not paid within thirty (30) days shall be subject to the application of and the city shall collect interest charges of not more than fourteen percent per annum (14%), unless prior agreement is reached by the director and the applicant, and approved by the city manager for payment on another payment schedule.
        (b)     The department shall not allow the installation of any service pipes or service connections between December 1 and April 1, except by special arrangement with the director, in which case the customer will also pay for any extraordinary and excess costs borne by the department.

Statutory reference(s)-Mass.Gen.L. c.40, § 42B.

Sec. 6-12.      Protection from damage.
        (a)     No unauthorized person shall maliciously, willfully, or negligently break or damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is a part of the sewage or water works. No person shall obstruct or in any way interfere with the flow of water, sewage or drainage through same. Nor shall any person in any manner place obstructions which prevent the ready operation of any valve, hydrant, water post, stopcock, water meter, or other fixture or appurtenance of the water and sewer systems. No person shall prevent access to any sewer or water appurtenance covered by this ordinance. Any person violating this provision shall be subject to immediate arrest under the charges of disorderly conduct, general destruction of property pursuant to the provisions of chapter 272, section 59 and 60 of the General Laws, and said person shall forfeit and pay to the city three times the amount of damages, and shall be punished by a criminal fine of not more than three hundred dollars ($300.) or by imprisonment for not more than one year, or both (chapter 40, section 39G of the General Laws).
        (b)     All gates, valves, shutoffs, and standpipes which are the property of the department are not to be opened or closed, or in any other way tampered with, by any person other than an authorized agent of the director.

Sec. 6-13.      Reserved.

Sec. 6-14.      Joint use of service pipe trench.
        Water service pipes shall not be placed in the same trench with gas pipes, electric conduits, sewers or similar structures except under special conditions and only with prior approval of the director. Sewer service pipes, including building sewers and drains, shall not be placed in the same trench with gas pipes, electric conduits, water pipes or similar structures except under special conditions and only with prior approval of the director.

Sec. 6-15.      Vacancies.
        If premises are to be vacated for a period of six months or more, abatement of water and sewer charges may be had by notifying the department in writing, in advance of the date such vacancy is to occur. The department will then discontinue service at the shutoff or, in case two or more occupancies are supplied by a single service, seals will be placed upon the stop and waste or fixtures or the vacant occupancy. The director may charge reasonable fees relative to services provided under this ordinance in accordance with the provisions of section 6-19. Abatement will not be available for partial vacancy of multiple units served through a single meter.

Sec. 6-16.      Discontinuance of service.
        (a)     Discontinuance of service may be deemed advisable by the director after written notice by reason of nonpayment of water and sewer bills or for violation of any rule, regulation or ordinance contained directly, referenced or inferred herein. Services once discontinued, may not be reconnected until the cause of complaint resulting in discontinuance of service has been removed and until all reconnection charges, plus arrears, have been paid. Any bill not paid within twenty (20) days after due shall be considered delinquent. Upon delinquency, a notice of shutoff shall be issued to be executed ten (10) days after issue. Service may be discontinued without notice in cases or fraudulent use or violation of the provisions of the MAINTENANCE OF PLUMBING portion of these rules, regulations and ordinances.
        (b)     Upon notification to the owner and in accordance with chapter 40, section 41A of the General Laws, the department may shut-off water service to any premises during a drought, hurricane, conflagration or other disaster.
        (c)     The department may shut-off water service for denial by an owner to allow the department to enter his buildings or premises for the purpose of reading or changing the water meter or for failure of the owner to keep the water meter accessible for the purpose of reading or changing the water meter. Services once discontinued may not be reconnected until the cause of complaint resulting in discontinuance of service has been removed and until reconnection charges of two hundred dollars ($200), plus arrears, if any, have been paid.

Sec. 6-17.      Liability for interrupted or unsatisfactory service.
        (a)     If, by reason of shortage of supply or for the purpose of making repairs, extensions, or connections or for any other reason beyond the control of the department, it becomes necessary to shut off water in the water mains, the department will not be responsible for any damages occasioned by such shutoff and no refunds of charges will be allowed, unless the interruption is in effect for a continuous period of ten (10) days, in which case a proportional refund of charges, other than for metered water used will be made. Notice of shutoff will be given, when practicable, but nothing in this ordinance shall be construed as requiring the giving of such notice.
        (b)     The department will not be responsible for damage caused by dirty water, which may be occasioned by repairs, extensions or connections, cleaning pipes, reservoirs, or standpipes, or opening and closing of any gates or hydrants, when the same is due to no lack of reasonable care on the part of the utility.

Sec. 6-18.      Applicable regulations and codes.
        Any users of public or private water mains, private or public sewer mains, and sanitary sewage disposal systems shall be subject to whatever rules, regulations, policies and charges, rates fees and assessments are from time to time established by the city, the Commonwealth of Massachusetts through its agencies and governing bodies, including but not limited to the Massachusetts Water Resources Authority, Department of Environmental Protection and Department of Public Health; and the United States Federal Government through its agencies and governing bodies. Any user of public or private water and sewer facilities shall be subject to this ordinance and all state and federal regulations. In instances where various regulations contain conflicting requirements, the most stringent requirement shall be met. In addition to this ordinance, the most recent editions of the following rules or guidelines shall apply:
        (a)     Commonwealth of Massachusetts, Department of Environmental Protection, Bureau of Resource Protection, Division of Water Supply, Guidelines for Public Water Systems.
        (b)     Commonwealth of Massachusetts, Department of Environmental Protection, Bureau of Resource Protection, Division of Water Supply, Private Well Guidelines.
        (c)     Commonwealth of Massachusetts, Department of Environmental Protection, Drinking Water Regulations: 310 CMR 22.00.
        (d)     Commonwealth of Massachusetts, Department of Environmental Protection, Division of Water Pollution Control, Guidelines for Performing Operations and Maintenance of Collection Systems.
        (e)     Commonwealth of Massachusetts, Department of Environmental Protection, Minimum Requirements for the Subsurface Disposal of Sanitary Sewage State Environmental Code, Title 5: 310 CMR 15.00.
        (f)     Commonwealth of Massachusetts, Massachusetts Water Resources Authority, Sewer Use Regulations, 360 CMR 10.000.
        (g)     Commonwealth of Massachusetts, Massachusetts Water Resources Authority, Administrative Penalty Regulations, 360 CMR 2.00.
        (h)     Commonwealth of Massachusetts, Massachusetts Water Resources Authority, Leak Detection Regulations, 360 CMR 12.00.
        (i)     Commonwealth of Massachusetts, Department of Public Health: State Sanitary Code, Article I and Article II.
        (j)     Commonwealth of Massachusetts, Board of State Examiners of Plumbers and Gas Fitter: Uniform State Plumbing Code and Massachusetts Fuel Gas Code (State Plumbing Code).
        (k)     Regulations of the United States Environmental Protection Agency, 40 CFR 1.0 et seq.
        (l)     Commonwealth of Massachusetts General Laws, chapter 21G; chapter 30; chapter 40, section 21(5)(6), chapter 40 41A-F; chapter 83, sections 1, & 11; chapter 92, section 8A; chapter 303; chapter 372.

Sec. 6-19.      Regulations, fees and conditions.
        (a)     The director is authorized and directed to promulgate such regulations or conditions as may be required to effect compliance with federal or state requirements, or to otherwise provide management oversight and supervision of the water system of the city.
        (b)     Service fees for the adequate funding of the water system of the city shall be chargeable and collectible by the city for any and all of the activities shall be set by the director of public works, 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. A copy of the current fee schedule shall be placed on file in the city clerks office by the director of public works. 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 director may require advance payment of any and all fees. Any fee not paid in advance when due to an emergency situation will be added and applied to the water and sewer bill for the affected property, should the fee remain unpaid at the time of the posting of the next water and sewer billing cycle.

Sec. 6-20.      Reserved.

Sec. 6-21.      Reserved.

Sec. 6-22.      Penalties.
        (a)     Any person found to be violating any provision of Article I, Article II, Article III or Article IV, of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Violations which in the opinion of the director or any other governmental regulatory agency, endanger the health and life safety of any individual or group of individuals shall cease or be corrected immediately and the person or entity responsible for such violation shall be immediately liable to the city for any expense, loss or damage occasioned the city by reason of such violation and shall forfeit to the city three (3) times the amount of damages, and shall in all other respects be subject to the provisions of section 1-7, or by imprisonment for not more than one (1) year, or both pursuant to chapter 40, section 39G of the General Laws. The applicable penalty for each such violation shall be immediately due and payable.
        (b)     Each day of a continuing violation shall be deemed a separate violation and penalties shall be incurred on a daily basis for continuing violations of the provisions of this ordinance. A separate penalty will be incurred for each violation when more than one violation occurs.
        (c)     If the city elects to file an enforcement action in a court of competent jurisdiction, the damages then recoverable by the city shall not be limited to amounts recoverable under this ordinance.
        (d)     Any penalty imposed remaining unpaid will be added and applied to the water and sewer bill for the affected property should the penalty remain unpaid at the time of posting of the next water and sewer billing cycle. In addition to all other penalties, fines and liabilities imposed by this ordinance, violators shall also to be subject to all fines, penalties and liabilities imposed by the MWRA and all other state and federal agencies having jurisdiction. (Amended 6-8-98)

Sec. 6-23.      Notice and hearing rights.
        In the implementation and enforcement of this ordinance, the following provisions shall be observed:
        (a)     Whenever the department and/or the Massachusetts Water Resources Authority denies or modifies a permit; issues an order; or assesses charges for damage or other violations occasioned by the non-compliance with any permit or other lawful requirement, the department and/or the MWRA shall inform the user to whom such action is addressed of the users right to submit, within ten (10) working days, a written request for reconsideration of that action. The request shall set forth in detail the facts supporting it. The department and/or the MWRA shall schedule an informal interview with the user submitting the request, to be held within fifteen (15) working days of receiving it, and shall rule in writing on the request within ten (10) working days of the completion of the interview.
        (b)     When the department and/or the MWRA proposes to revoke a permit, the department and/or the MWRA shall notify the user in writing of such proposed ruling and of his right to submit, within ten (10) days, a written request for reconsideration of that ruling. The request shall set forth in detail the facts supporting it. The department and/or the MWRA shall schedule an informal conference with the user submitting the request, to be held within fifteen (15) working days of the receiving it, and shall rule in writing on the request within ten (10) working days of the completion of the conference.
        (c)     Every ruling under subsections (a) and (b) of this section shall inform the person to whom it is addressed of that persons right to request, within thirty (30) calendar days, a hearing under the provisions of chapter 30A of the General Laws. Within fifteen (15) calendar days of receiving such a request, the department and/or the MWRA shall schedule such a hearing, to be held not sooner than fifteen (15) calendar days and not later than thirty (30) calendar days after giving notice of the hearing to the requesting party.
        (d)     Nothing in this ordinance shall be construed so as to interfere with any and all rights of the MWRA under state law to take direct enforcement action through application of its regulations or the courts.

Sec. 6-24.      Cease and desist order-compliance schedule.
        When the department and/or the MWRA finds that a discharge of sewage or a taking of water has taken place or threatens to take place, in violation of this chapter or the provisions of a permit, the following actions may be taken:
        (a)     The department and/or the MWRA may issue an order to cease and desist any such discharge of sewerage and/or drainage, taking of water or violation to any user not complying with such prohibitions, limits, requirements or provisions, and direct the users as follows:
        1.      To comply forthwith;
        2.      To comply in accordance with a time schedule set forth by the department and/or the MWRA; or
        3.      To take appropriate remedial preventive action in the event of a threatened violation;
        (b)     The department and/or the MWRA may require the user to submit a detailed time schedule setting forth specific actions to be taken to modifications as the department and/or the MWRA deem necessary for the user to follow in order to prevent or correct a violation. The department and/or the MWRA may issue an implementation schedule to the user containing such specific actions and time schedule.

Secs. 6-25.6-39. Reserved.

Article II. Sewer Connections

Sec. 6-40.      Building sewers and connections.
        (a)     Owners of a building or buildings situated upon any street, easement or way through which a public sewer has been constructed shall construct and maintain building sewers through their premises in their entirety from such structures to the public sewer main as may be necessary to conduct the sewage from the building or buildings to enter the public sewers. Any person included within the provisions of this section, who refuses to make a permit application to the department for the construction of such building sewers or private sewers and connecting the same to the public sewer or neglects to make such permit application within the space of fourteen (14) days after written notice from the director, shall pay the penalty provided for in this ordinance. Whenever any building sewer or private sewer becomes clogged, broken, obstructed, out of order or detrimental to the use of a public sewer or unfit for sewage purposes, the owner, agent, occupant or person having charge of any such building sewer or private sewer shall, when directed by written notice from the director, remove, reconstruct, alter, cleanse or repair the building sewer or private sewer, as the conditions thereof require. In case of neglect or refusal to comply with such notice within five (5) days after the same is given, the director may cause the building sewer or private sewer to be removed, reconstructed, repaired, altered or cleaned, as he may deem expedient, at the expense of the owner, agent, occupant or other person so notified, who shall also be liable to pay the penalty provided for in this ordinance. Any person proposing a new discharge into the system or a substantial change in the volume or character of pollutants that are being discharged into the system shall notify the director at least forty-five (45) days prior to the proposed change or connection.
        (b)     There shall be two (2) classes of building sewer permits: (1) for residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner or his agents shall make application on a special form furnished by the city. The permit application shall be supplemented by any plans, specifications, or other information considered pertinent in the judgment of the director. Every user discharging industrial wastes to the public sewerage system or directly into the MWRA sewerage system shall obtain a joint permit from the director and the MWRA. Industrial users proposing new discharges shall obtain such permits prior to constructing a building sewer. The director and the MWRA may change the conditions of the permit from time to time as circumstances, including regulations enacted or promulgated by the state or federal governments or their agencies, may require. The director and the MWRA may stipulate special conditions and terms upon which the permit will be issued. No user may increase he daily volume, strength or rate of the users permitted discharge beyond fifteen percent (15%) without first securing an amendment to his permit.
        (c)     All costs and expense incident to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer.
        (d)     A separate and independent building sewer shall be provided for every building, except where one building stands at the rear of another on an interior lot and no private sewer is available or can be constructed to the rear building through an adjoining alley, court, yard, or driveway. In which case, the building sewer from the front building may, after permission from the director has been obtained, be extended to the rear building and the whole considered as one building sewer. The extension of as building sewer from a front building to a rear building may only be constructed when permitted by the director of public works. The director may condition the construction of such a building sewer extension upon approval of construction methods and written agreement by both affected building owners to provide maintenance of such an extended building sewer.
        (e)     Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the director, to meet all requirements of this ordinance. It is the responsibility of the proponent of utilizing an existing sewer connection to pay all cost associated with all physical examinations and repairs ordered by the director of public works including the case in which the director determines the existing sewer connection is unsuitable for reuse.
        (f)     The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavation, placing of the pipe, jointing, testing, and backfilling the trench, shall all conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city. In the absence of code provisions or in amplification thereof, the materials and procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9 shall apply.
        (g)     Whenever possible, the building sewer shall be brought to the building at an elevation below the basement floor. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewer carried by such building drain shall be lifted by a plumbing inspector and director of public works approved means and discharged to the building sewer.
        (h)     No person shall make connection of roof downspouts, exterior foundation drains, areaway drains, other sources of surface runoff or ground water to a building sewer or building drain which in turn is connected directly or indirectly to a public sanitary sewer or connect any exhaust from a steam engine or any blowoff from hot water or steam boilers with the drain or sewer.
No exhaust from steam engines and no blowoff from steam boilers shall be connected with any storm drain, sanitary sewer, or lateral connection.
        (i)     The connection of the building sewer into the public sewer shall conform to the requirements of the building and plumbing code or other applicable rules and regulations of the city, or the procedures set forth in appropriate specifications of the A.S.T.M. and W.P.C.F. Manual of Practice No. 9. All such connections shall be made gastight and watertight. Any deviation from the prescribed procedures and materials must be approved by the director before installation.
        (j)     The applicant for the building sewer permit shall notify the director when the building sewer is ready for inspection and connection to the public sewer. The connection shall be made under the supervision of the director or his representative.

Sec. 6-41.      Use of the public sewers.
        (a)     No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, uncontaminated cooling water, or unpolluted industrial process waters to any sanitary sewer.
        (b)     Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers, or to a natural outlet approved by the director. Industrial cooling water or unpolluted process waters may be discharged, on approval of the director, to a storm sewer, combined sewer, or natural outlet. Any drain connecting with a common sewer or drain shall be constructed with a plug or clapper to prevent completely the reflux of drainage matter, storm or tidewater.
        (c)     No person shall discharge or cause to be discharged any of the following described waters or wastes to any public sewers:
        (1)     Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas.
        (2)     Any waters or wastes containing toxic or poisonous solids, liquids, or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to human or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.
        (3)     Any waters or wastes having a pH lower than 5.5, or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.
        (4)     Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers, or other interference with the proper operation of the sewage works including, but not limited to, ash, ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails, and paper dishes, cups, milk container, etc. either whole or ground by garbage grinders.
        (d)     No person shall discharge or cause to be discharged the following described substances, materials, waters, or wastes if it appears likely in the opinion of the director that such wastes, can harm either the sewer, sewage treatment process or equipment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the director will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment processes, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors. The substances prohibited are:
        (1)     Any liquid or vapor having a temperature higher than one-hundred and four degrees farenheit (104°F) (forty degrees celsius (40°C)).
        (2)     Any water or waste containing fats, wax, grease or oils, whether emulsified or not, in excess of one hundred milligrams per liter (100 mg/l) or containing substances which may solidify or become viscous at temperatures between thirty-two degrees farenheit (32°F) and one-hundred and fifty degrees farenheit (150°F) (between zero degrees celsius (0°C) and sixty-five degrees celsius (65°C).
        (3)     Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three fourths horsepower (.75 HP) or greater shall be subject to the review and approval of the director.
        (4)     Any waters or wastes containing strong acid iron pickling wastes or concentrated plating solutions whether neutralized or not.
        (5)     Any waters or wastes containing iron, chromium, copper, zinc, and similar objectionable or toxic substances; or wastes exerting an excessive chlorine requirement to such degree that any such material received in the composite sewage at the sewage treatment works exceeds the limits established by the director for such materials.
        (6)     Any waters or wastes containing phenols or other taste or odor producing substances, in such concentrations exceeding limits which may be established by the director as necessary, after treatment of the composite sewage to meet the requirements of the state, federal or other public agencies or jurisdiction for such discharge to the receiving waters.
        (7)     Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the director in compliance with applicable state or federal regulations.
        (8)     Any waters or wastes having a pH in excess of 9.5.
        (9)     No person shall deposit in any sanitary, storm and combined sewers and appurtenances materials which exert or cause:
        a.      Unusual concentrations of inert suspended solids (such as, but not limited to, Fullers earth, lime slurries, and lime residues) or of dissolved solids (such as, but not limited to, sodium chloride and sodium sulfate).
        b.      Excessive discoloration (such as, but not limited to, dye wastes and vegetable tanning solutions).
        c.      Unusual BOD, chemical oxygen demand or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works.
        d.      Unusual volume of flow or concentration of wastes constituting slugs as defined herein.
        (10)    Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment process employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over the discharge to the receiving waters.

Sec. 6-42.      Penalties for discharge.
        If any waters or wastes are discharged or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in section 6-41, and which in the judgment of the director may have a deleterious effect upon the sewage works, processes, equipment or receiving waters or which otherwise create a hazard to life or constitute a public nuisance, the director may:
        (a)     Reject the wastes,
        (b)     Require pretreatment to an acceptable condition for discharge to the public sewers,
        (c)     Require control over the quantities and rates of discharge, and/or,
        (d)     Require payment to cover the added cost of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions of section 6-6.
        If the director permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the requirements of all applicable codes ordinances and laws.

Sec. 6-43.      Grease and oil separators.
        Grease, oil, gas, and sand interceptors/separators shall be provided when in the opinion of the director, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients, except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the director, and shall be located so as to be readily and easily accessible for cleaning and inspection.

Sec. 6-44.      Preliminary treatment.
        Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, the system shall be maintained continuously in satisfactory and effective operation by the owner at his expense.

Sec. 6-45.      Owner manholes.
        When required by the director, the owner of any property serviced by a building sewer carrying industrial wastes shall install a suitable control manhole together with such necessary meters, and other appurtenances in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible and safely located, and shall be constructed in accordance with plans approved by the director. The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times.

Sec. 6-46.      Measurements.
        All measurements, tests, and analyses of the characteristics of waters and wastes to which reference is made in this ordinance shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Wastewater, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at said control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb, and property. The particular analyses involved will determine whether a twenty-four hour (24 hr.) composite of all outfalls of a premise is appropriate or whether a grab sample or samples should be taken. Normally, BOD and suspended solids analyses are obtained from 24-hour composites of all outfalls, whereas pHs are determined from periodic grab samples.

Sec. 6-47.      Industry monitoring.
        All industries discharging into a public sewer shall perform such monitoring of their discharges as the director or other duly authorized employees of the city may reasonably require, including installation, use, and maintenance of monitoring equipment, keeping records and reporting the results of such monitoring to the director. Such records shall be made available upon request by the director to other agencies having jurisdiction over discharges to the receiving waters.

Sec. 6-48.      Industrial waste permit.
        (a)     Every industrial user shall be required to obtain a permit and shall, within ninety (90) days of the promulgation of the regulations codified in this ordinance, complete and file at their own expense a permit application form with the director and the MWRA, unless a current permit is on file with both the director and the MWRA. Known industrial users who have not filed a permit application will be notified by the director or the MWRA to apply for a permit. All industrial users are advised to apply for a permit prior to such notification. Permit application forms may be obtained from the director and shall be filed within thirty calendar days of notification to both the director and the MWRA. Industrial user permits shall be renewed on a yearly basis on or before the expiration date of the current permit.
        (b)     The director and the MWRA shall evaluate the adequacy of data furnished in the application form. If insufficient data has been furnished, the director and/or the MWRA will notify the industrial user to provide additional data within a specified time. After acceptance of data, and satisfactory completion of any investigations deemed pertinent, the director and the MWRA will issue the permit. The director and the MWRA may stipulate special conditions and terms upon which the permit may be issued.

Sec. 6-49.      Industrial permit conditions.
        (a)     Industrial waste permits may contain the following conditions:
        (1)     Limits on rate, time and characteristics of discharge or requirements for flow regulation and equalization;
        (2)     Installation of inspection, flow measurement and sampling facilities, including access to such facilities;
        (3)     Specifications for monitoring programs which may include flow measurement, sampling chemical and biological test, recording of data, and reporting schedule;
        (4)     Pretreatment requirements and schedules for implementation, including schedules for reporting progress toward meeting these requirements;
        (5)     Submission of discharge reports;
        (6)     Special service charges or fees;
        (7)     Other conditions as deemed appropriate by the director and/or the MWRA to ensure compliance with this ordinance and with applicable requirements of state or federal law.
        (b)     The conditions of all permits shall be enforced by the director and the MWRA in accordance with provisions of this ordinance.
        (c)     When required by the permit, each industrial permittee shall submit a duly signed discharge report to the director and the MWRA containing all information requested by the director and/or the MWRA in a form acceptable to the director and the MWRA. The director and the MWRA will evaluate the data furnished. If insufficient data has been furnished, additional information shall be furnished as required.
        (d)     The director and the MWRA may use the information provided in the permit applications, permits, and discharge reports as the basis for determining user charges.
        (e)     Notwithstanding the limitations set forth herein, a special permit between the MWRA and the city and the user may be issued whereby a waste of unusual character or strength may be accepted on an interim basis when, in the opinion of the MWRA and the director, unusual or extraordinary circumstances compel special terms and/or conditions of temporary duration. Such permit or amendment will be issued only when, in the opinion of the MWRA and the director, it would not cause any interference with or disruption in the treatment works, would not violate the National Pollutant Discharge Elimination System (NPDES) permit or Commonwealth water quality standards, and would not force additional controls on other discharges to achieve compliance with effluent limitations.

Sec. 6-50.      Transfer of industrial permit prohibited.
        An industrial waste permit shall not be reassigned or transferred.

Sec. 6-51.      Revocation of industrial permit.
        If an individual user discharges amounts or rates of pollutants in violation of these ordinances, the director or the MWRA may revoke the existing permit. If an industrial user shows that changes in the industrial process have improved the characteristics and/or volume of its discharge, the permit may be modified upon application by the industrial user to the department and the MWRA.

Sec. 6-52.      Special agreements.
        No statement contained in this article shall be construed as preventing any special agreement or arrangement between the city and any industrial concern, whereby an industrial waste of unusual strength or character may be accepted by the city and the Massachusetts Water Resources Authority for transportation and treatment.

Secs. 6-53.6-69. Reserved.

Article III. Water

Statutory reference(s)Public water supply for cities and towns generally, Mass.Gen.L. c. 40, §§ 3842; water supply, Mass.Gen.L. c. 111, §§ 159174A; cities to make rules and regulations relative to pipes, etc., through which water is supplied, Mass.Gen.L. c. 40, § 21(7),(8).

Sec. 6-70.      Installation, ownership and maintenance of service pipe.
        (a)     Any person proposing a new connection into the water distribution system or a substantial change in the volume or use of the supplied water that is being taken from the system shall notify the director at least forty-five (45) days prior to the proposed change or connection.
        (b)     All pipe and other fixtures from the water main in the street to the outlet of the meter on the house side of the curbstop may be furnished and laid by the city, its authorized representative or an installer licensed by the city at the expense of the owner of the property. The service from the water main to the curbstop shall be maintained by the city. Four valves, the first to be located at directly at the water main; the second to be located on the property line common with the street, alley way or right-of-way containing the water main; the third inside the building wall; and the fourth valve adjacent to and on the house side of the meter, permitting control of the water supply are required. The first valve in the case of service pipes one inch (1?) and smaller in inside diameter shall be a corporation valve and be permitted to be buried without access. The first valve in the case of service pipes over one inch (1?) in inside diameter shall be fitted with a disc or gate valve and access to such valve through a valve street box of sufficient size shall be provided. The second valve shall be provided with a valve street box for access to the valve. The director may allow the second valve to be located on the street, alley or right-of-way if a permitted structure prevents the valve location at property line. All second valves greater than one inch (1?), and third and fourth valves shall be maintained by the owner in operating and accessible condition at all times.
        The valves shall be of a make and type approved by the director. For this installation and maintenance thereof, the customer shall employ an individual or business licensed by the city to install service pipes for work up to ten feet outside of a structure and a licensed plumber within the structure and ten feet outside of it, and all work shall be performed in a manner satisfactory to the director. If any defects in workmanship or materials are found or if the customers service has not been installed in accordance with such specifications or with the directors requirements, water service either will not be turned on or will be discontinued if such defects are not remedied.

Sec. 6-71.      Temporary service.
        Application of builders, contractors, real estate developers and others for temporary water service will be accepted and temporary water service will be supplied, providing it does not interfere with the use of water for general purposes and meets all other applicable sections of these rules and regulations. The quantity of water taken for such purposes shall be determined by a meter approved for such installation by the department, and shall be paid for in accordance with the rate schedule applicable to metered general purposes. Customers requiring temporary water service shall reimburse the department for all of its expense in connection with providing the necessary temporary service connections and removal of same, including but not limited to, the labor, materials, permit and administrative costs of performing the physical work and processing application for such work.

Sec. 6-72.      Winter provisions.
        In those cases where customer-owned service pipe or main is frozen, the thawing may be done by the department at the expense of the customer. To avoid a recurrence, the director may order an examination of the customers service pipe or main, and if the same is not at a depth of at least four and one-half feet (4½), as required, the director reserves the right to require it to be relocated at the owners expense before service is resumed.

Sec. 6-73.      Safeguarding use of hot water tanks.
        All customers having direct pressure hot water tanks must place proper vacuum and pressure relief valves in the pipe system to prevent any damage to such tanks should it become necessary to shut off the water on the pipe service or water mains. The department will not supply water to premises where direct pressure hot water tanks or appliances are used except at the risk of the customer.

Sec. 6-74.      Restriction of water use.
        (a)     The director as in accordance with chapter 40, section 41A of the General Laws, reserves the right in periods of drought, or emergency or when deemed essential to the protection of the public health, safety and welfare, to restrict, curtail or prohibit the use of water for secondary purposes, such as sprinkling, car washing or filling swimming pools, and shall have the right to fix the hours and periods and conditions when any water may be used, if at all.
        (b)     The director reserves the right in periods of emergency to waive any and all rules, regulations and ordinances contained herein whenever it is in the best interest of the city to do so.

Sec. 6-75.      Meters.
        (a)     The department may install meters whenever deemed expedient. No water shall be drawn from any fixture except as permitted by this ordinance, without such fixture being supplied by a metered connection.
        (b)     All meters shall be set, as nearly as possible, at the point of entrance of the service pipe into the building, and the customer shall provide and maintain a clean, dry, warm and accessible place therefor. The cost and responsibility of installing piping and couplings for installation of a water meter in accordance with the rules, regulations, and ordinances contained herein shall be by the customer. The cost of meter setting within the provided couplings for water meters three-quarters of one inch (¾) and smaller, and provision of the meter and any accessory for sealing and reading the meter shall be borne by the department. The cost of providing and installing water meters greater than three-quarters of an inch shall be borne by the customer. Meters once set may be changed in location at the request of the customer, only at his expense, and the work may be done only by an agent of the director.
        (c)     When the customer fails or neglects to furnish a suitable location for the meter inside his building or where for other reasons it is necessary or expedient to locate the meter in an underground box or vault exterior to the building, the customer shall bear the expense of constructing and fitting a box or vault suitable to contain a water meter of sufficient size for the size of service, including all valves and devices required by the rules, regulations, and ordinances contained herein, in such a manner as to provide unimpeded accessibility and prevention of freezing or flooding by surface and ground waters. The expense of repairs made by the city on private meters or meters damaged through the negligence of the owner/user, or otherwise caused by the owner/user, shall be paid by the owner/user.
        (d)     Meter repairs or replacements necessitated by ordinary wear or manufacturing defects will be paid for by the department at no expense to the customer for those meters supplied and installed by the department. Those repairs and/or replacements caused by freezing, hot water or by other fault of the customer shall be charged to the customer.
        (e)     If additional or auxiliary meters are desired by the customer for showing subdivisions of the supply, he shall furnish, install, and maintain them at his own expense. In all cases the customer shall have a meter on all pipe services prior to any point of taking water. A master meter which is to be used by the city for water and sewer consumption billing purposes shall be installed on the water service connection prior to any further subdivision. The city shall not be responsible for the collection of billing data and collecting of charges related thereto for any additional meters located after the master meter.
        (f)     If a meter fails to register or if it is removed for the purpose of making repairs, the director will make a charge for the water used based on an average of the amount registered over similar periods preceding or subsequent thereto.
        (g)     Meters installed by the department are to be guaranteed by the manufacturer to measure flows accurately within two percent (2%) plus or minus. Meters three-quarters inch (¾?) and less will be carefully tested on an occasional and random basis by the department before installation. Meters greater than three-quarters of inch (¾) will be certified by an testing laboratory or service approved for meter testing by the department prior to installation at a cost to be borne by the customer. Water meters tested shall be sealed by such tester. The water meter shall also be marked in a manner, so as to identify the individual and firm performing testing, date and time of testing, and method of testing. If the customer requests a test, which results in more than one testing in a twelve (12) month period, the customer shall bear the expense of the additional testing, as determined by the director. The director may require the customer to make a deposit which will cover the reasonable cost of the test that would be borne by the customer. If the meter is found to over-register by more than two percent (2%) over the meter flow range, described herein, the percentage of error will be applied for the duration of the last billing period and the overcharge refunded. If the meter is found to under-register by more than two percent (2%) over the meter flow range, the customer will be charged such percentage of error computed for the duration of the last billing period. If the meter registers within two percent (2%), plus or minus, it will be deemed correct and no billing change will be made. No billing adjustments will be made if the water meter registers over or under by two percent (2%) or less at the intermediate or maximum flow rate. A written report, giving the result of such test, shall be sent to the customer within a reasonable period of time.
        (h)     The department reserves the right to test meters periodically or to replace them, whether or not requested by the customer. The director also reserves the right to pursue the collection of payment for water used and sewage discharged based on estimates or underbilled consumptions in prior billing periods at the water and sewer rates in effect for such billing periods when a customer disputes current and past measured consumptions and consequent billings for a period of six years prior to the date of inquiry and dispute.
        (i)     To determine the accuracy of meters, the following standards of the American Water Works Association shall be used for all testing of positive displacement cold water meters. Meter accuracy is determined by dividing by two the algebraic sum of the intermediate and maximum flow error as set out below in section 6-76, Standards for Meter Accuracy.

Sec. 6-76.      Standards for meter accuracy.

NOMINAL METER SIZE, (INCHES)    MINIMUM
(GPM)   INTERMEDIATE (GPM)      MAXIMUM
(GPM)   
       0.25    2       15      
¾       0.50    3       25      
1       0.75    4       40      
1.5     1.50    8       80      
2       2.00    15      120     
3       4.00    20      250     
4       7.00    40      350     
6       12.00   60      700     

        No meter shall be placed in service if it registers over or under by more than two percent (2%) at the intermediate or maximum flow rate or less than ninety percent (90%) of the minimum flow rate.

Sec. 6-77.      Tampering, etc. with meters.
        No person, except an agent authorized by the director shall at any time tamper with, remove or repair any meter, outside reading device or fixture connected therewith which has been set or used by the department.

Sec. 6-78.      Public hydrants.
        (a)     Hydrants may be used only for the extinguishment of fires or for such other purposes as may be approved by the director. Hydrants shall be opened only by an agent of the director or appointed fireman of the city. After any hydrant has been opened, the director must be notified of such opening to insure that the hydrant is in operable condition and is self draining.
        (b)     No person may tamper with the public hydrants. Unless otherwise authorized by the chief of the fire department or the director of public works, no person shall draw water from the public hydrants.
        (c)     All hydrants must meet the specifications of the director.

Sec. 6-79.      Private fire protection.
        (a)     Customers desiring private fire protection should first consult with the director as to availability of mains, etc., and such service will be rendered under separate rules and regulations to be made a part of their rate schedule.
        (b)     Installation of the private fire protection service shall be by, or under the direction of the director and in compliance with all applicable local, state, and federal life and safety codes.
        (c)     The customer shall pay all costs borne by the department in conjunction with permitting and installation of private fire protection services.
        (d)     No private fire connection will be made from a department water main of six inches (6?) or less in nominal interior diameter, and no private fire connection service itself shall be less than six inches (6?) in diameter. The customer will be responsible for the cost of connecting the fire to a water main of sufficient size. No private fire protection service is to be used for any purpose other than fire protection.
        (e)     No connection, other than fire connections, will be allowed to be connected to the pipes of the private fire protection system. All sprinkler pipes and other private fire connection pipes shall be placed as to be readily inspected.

Sec. 6-80.      Water main connections.
        Extension of the main pipe shall be made only upon written request to the director and subject to such terms and conditions as the director shall impose. The cost of such extension shall be borne by the customer to such extent as shall be determined by the director.
        Applications for water mains in private ways must be accompanied by a grant of lawful rights and easements therein to the city.

Sec. 6-81.      Backflow and cross-connection.
        (a)     The authority for implementation of backflow and cross-connection control rules, regulations and ordinances is given under Public Law 93-523, The Safe Drinking Water Act of 1974, and the Commonwealth of Massachusetts Drinking Water Regulations, 310 CMR 22.22, Cross Connections. The water purveyor has the primary responsibility for preventing water from unapproved sources or any other substances, from entering the public potable water system.
        (b)     The purpose of this ordinance is to protect the public potable water supply of the area served by the Chelsea public works department from the possibility of contamination or pollution by isolating within its customers internal distribution system(s) or its customers private water system(s), such contaminants or pollutants which could backflow or back-siphon into the public water supply system; to promote the elimination or control of existing cross connections, actual or potential, between its customers in-plant potable water system(s) and non-potable system(s), plumbing fixtures and industrial piping systems; and to provide for the maintenance of a continuing program of cross connection control which will systematically and effectively prevent the contamination or pollution of all potable water systems by cross connection.
        (c)     The director shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or back-siphonage of contaminants or pollutants through the water service connection. If in the judgment of the director an approved backflow prevention device is required at the citys water service connection to any customers premises for the safety of the water system, the director shall give notice in writing to said customer to install such an approved backflow prevention device at each service connection to his premise. The customer shall, within thirty (30) days, install such approved device or devices at his own expense, and failure, refusal or inability on the part of the customer to install said devices within ten (10) days of second notice shall constitute grounds for discontinuing water service to the premises until such device or devices have been properly installed.
        (d)     The director may upon discovery of a connection capable of contaminating the public potable water system through backflow or back-siphonage that in his opinion constitutes an immediate life safety threat, cause such connection to be immediately discontinued by the customer. The director shall terminate water service to the premises should the customer not immediately discontinue the condition with the potential of causing contamination through backflow or back-siphonage.

Sec. 6-82.      Water system.
        The water system shall be considered as made up of two parts: The utility system and the customer system.

Sec. 6-83.      Utility system.
        Utility system shall consist of the source facilities and the distribution system, and shall include all those facilities of the water system under the complete control of the utility, up to the point where the customers system begins.
        (a)     The source facilities shall include all components of the facilities utilized in the production, treatment, storage and delivery of water to the distribution system.
        (b)     The distribution system shall include the network of conduits used for the delivery of water from the source to the customers system.

Sec. 6-84.      Customer system.
        The customers system shall include those parts of the facilities beyond termination of the utility distributions system which are utilized in conveying utility delivered domestic water to points of use.

Sec. 6-85.      Connection requirements.
        No water service connection to any premises shall be installed or maintained by the department unless the water supply is protected as required by state law, and the ordinances. Service of water, to any premise, shall be discontinued by the director, if a backflow preventions device required by this regulation is not installed, tested, and maintained or if it is found that a backflow prevention device has been removed, by-passed or if an unprotected cross connection exists on the premises. Service will not be restored until such conditions or defects are corrected.

Sec. 6-86.      System operation.
        The customers system should be open for inspection at all reasonable times to authorized representatives of the director to determine whether cross connections or other structural or sanitary hazards, including violations of this chapter exist. When such a condition becomes known, the director shall deny or immediately discontinue service to the premises by providing for a physical break in the service line until the customer has corrected the condition(s) in conformance with state and city statutes, rules, regulations and ordinances relating to plumbing and water supplies and the regulations adopted pursuant to thereto. All expenses relating to the disconnection and reconnection shall be at the customers expense. (Amended 3-10-97)

Sec. 6-87.      Installation of backflow prevention device.
        An approved backflow prevention device where required shall be installed on each service line to a customers water system at or near the property line or immediately inside the building being served; but in all cases, before the first branch line leading off the service line wherever the following conditions exist:
        (a)     In the case of premises having an auxiliary water supply which is not or may not be of safe bacteriological or chemical quality and which is not acceptable as an additional source by the American Society of Sanitary Engineers, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard.
        (b)     In the case of premises on which any industrial fluids or any other objectionable substance is handled in such a fashion as to create an actual or potential hazard to the public water system, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line appropriate to the degree of hazard.
        (c)     In the case of premises having (1) internal cross connection that cannot be permanently corrected and controlled or (2) intricate plumbing and piping arrangements or where entry to all portions of the premises is not readily accessible for inspection purposes, making it impracticable or impossible to ascertain whether or not dangerous cross connections exist, the public water system shall be protected against backflow from the premises by installing a backflow prevention device in the service line.

Sec. 6-88.      Authority over backflow device installation and operation.
        All decisions relating to determination of backflow devices will be made by the director. Failure to comply with any directive from the director will result in termination of service.

Sec. 6-89.      Type of protective device required.
        The type of protective device required under section 6-87 shall depend upon the degree of hazard which exists as follows:
        (a)     In the case of any premises where there is an auxiliary water supply as stated in this chapter; or
        (b)     Where there is any material dangerous to health which is handled in a fashion as to create an actual or potential hazard to the public water system; or
        (c)     Where there are uncontrolled cross connections, either actual or potential, the public water system shall be protected by an approved air-gap separation or an approved reduced pressure principal backflow prevention device at the service connection.
        (d)     In the case of any premises where, because of security requirements or other prohibitions or restrictions, it is impossible or impractical to make a complete in-plant, cross connection survey, the public water system shall be protected against backflow or back siphonage from the premises by the installation of a back flow prevention device in the service line. In this case, maximum protection will be required; that is, an approved air-gap separation or an approved reduced pressure principal backflow prevention device shall be installed in each service to the premises.

Sec. 6-90.      Approved protective devices.
        Any backflow prevention device required herein shall be of a model and size approved by the director. The term Approved Backflow Prevention Device shall mean a device that is on the Approved List of Backflow Preventers and Double Check Valves as revised by the American Society of Sanitary Engineering or is on the University of Southern California Approval List. Said approval lists have been adopted by the director.

Sec. 6-91.      Customer/user duties.
        (a)     All industrial and commercial establishments attached to the city water distribution utility system will be required to install, at the service entrance and immediately downstream of the meter, a reduced pressure (RP) backflow device when required to do so by the director.
        (b)     It shall be the duty of the customer/user, at any premises where backflow prevention devices are installed, to have certified inspections and operational tests made at least once per year, as required under Massachusetts regulations and this chapter. The department will conduct testing on these devices twice a year. The owner of the device will be charged for these tests in accordance with the appropriate schedule of fees maintained on file in the city clerks office, as provided by section 6-19. The director may have these tests performed by a designated representative.

Sec. 6-92.      City required inspections, etc.
        In those instances where the director deems the hazard to be great enough, he may require certified inspections at more frequent intervals. These inspections and tests shall be at the expense of the water customer/user, and shall be performed by department personnel or by a certified tester approved by the director and approved by the Commonwealth of Massachusetts. It shall be the duty of the director to see that these timely tests are made. The director shall notify the customer/user in advance when the tests are to be undertaken, so that he or his representatives may witness the test if so desired. These devices shall be repaired, overhauled or replaced at the expense of the customer/user, whenever said devices are found to be defective. Records of such tests shall be kept by the director. The owner shall pay the costs for an initial cross connection survey to be performed by the city or its authorized agent, and shall pay the costs of any additional surveys requested by the owner or required by law.

Sec. 6-93.      Present devices.
        All presently installed backflow prevention devices which do not meet the requirements of this chapter, but were approved devices for the purposes described herein at the time of installation and which have been properly maintained, shall except for the inspection and maintenance requirements under section 6-70, be excluded from the requirements of this chapter so long as the director is assured that they will satisfactorily protect the utility system. Whenever an existing device is moved from the present location, or when the director finds the maintenance constitutes a hazard to health, the unit shall be replaced by a backflow prevention device meeting the requirements of this section.

Sec. 6-94.      Point-of-entry devices.
        In accordance with Massachusetts regulations, the installation of a point-of-entry device with respect to any building serving more than twenty-five (25) people shall be deemed to create a new public water system. No such point-of-entry device can be installed with respect to any building serving more than twenty-five (25) people unless and until the building owner:
        (a)     Applies for and receives express written approval from the director for the installation of such a device; and
        (b)     Applies for and receives express written approval for the installation of such a device form the Massachusetts Department of Environmental Protection; and
        (c)     Installs a reduced pressure, principle backflow prevention device before the point-of-entry device to avoid contamination of the citys entire water supply system; and
        (d)     Installs a master meter prior to the reduced pressure principle backflow prevention device and point-of-entry device; and
        (e)     Utilizes a point-of-entry device approved by the Massachusetts Board of Plumbers and installed in conformity with the State Plumbing Code; and
        (f)     Hires an operator duly certified by the Massachusetts Board of Registration of Operators of Drinking Water Supply Facilities; and
        (g)     Monitors the buildings drinking water for all water quality parameters and with the frequency required by 310 CMR 22.00 and maintains a record of such monitoring; and
        (h)     Informs building occupants and users in writing of the existence of the point-of-entry device.

Sec. 6-95.      Point-of-entry device, buildings serving twenty-five (25) people or less.
        In accordance with Massachusetts regulations the installation of a point-of-entry device with respect to any building serving twenty-five (25) or fewer people is deemed to create a new private water system. No such point-of-entry device can be installed with respect to any building serving twenty-five (25) or fewer people unless and until the building owner:
        (a)     Installs a reduced pressure principle backflow prevention device before the point-of-entry device and after the master meter; and
        (b)     Utilizes a point-of-entry device approved by the Massachusetts Board of Plumbers and installed in accordance with State Plumbing Code; and
        (c)     Informs building occupants and users in writing of the existence of the point-of-entry device.

Sec. 6-96.      Water conservation.
        (a)     The director may restrict the use of decorative fountains, irrigation systems and outside water during drought conditions. During a drought watch, as identified or declared by the MWRA, the director may require that non-recirculating, decorative fountains be turned off. During a drought warning, as identified by the MWRA, the director may require that all decorative fountains and outside water systems not be used. During a Drought Emergency, as identified or declared by the MWRA, the director shall require that all decorative fountains and outside watering systems not be used. In no case shall an outside decorative fountain be run during the period between October 15 to March 31, inclusive.
        (b)     No user shall knowingly allow water to leak or run to unnecessary waste.
        (c)     Upon determination that conditions exist which so limit the water supply that unrestricted water use could endanger the adequacy of supply and the public health, safety and welfare, the director may adopt conservation restrictions in accordance with provisions of chapter 21G of the General Laws. Conservation restrictions shall remain in full force and effect until the director determines that the conditions requiring their imposition no longer exist.
        (d)     All water cooled air conditioning or refrigeration units utilizing more than 60 cubic feet of water hourly shall be equipped with a recycling mechanism.
        (e)     Any person or entity who violates this ordinance, shall be liable to the city in the amount of fifty dollars ($50.00) for the first violation and one hundred dollars ($l00.00) for each subsequent violation, which shall inure to the city for such uses as the director of public works may direct. These fines shall be recovered by indictment or on complaint before the District Court or by noncriminal disposition in accordance with chapter 40, section 21D of the General Laws, and shall in all other respects be in accord with the provisions of section 1-7. Each separate instance of non-compliance following the issuance of any warning or citation pursuant to this section shall constitute a separate violation.
        (f)     The director, his designee or agents may enter any property for the purpose of inspecting or investigating any violation of this ordinance or enforcing against the same.

Sec. 6-97.      Public recreational sprinkler devices and hoses.
        Notwithstanding any other provision of these ordinances, the department may install free-flowing, non-recirculating sprinkler and hose devices on city property, for public recreational purposes, provided such devices are:
        (a)     Used only during the period between Memorial Day and Labor Day, inclusive, in parks; and
        (b)     Equipped with shut-off mechanisms, which need not be automatic; and
        (c)     Turned on and off on a daily basis by persons authorized by the director to do so.

Sec. 6-98.      Application for permanent service.
        If the director approves the installation of such water service he shall furnish the applicant with a statement of the estimated cost of making such connections, which must be paid in advance. Any amounts so paid in excess of the actual cost will be refunded to the applicant, and any amount due by reason of the cost exceeding the estimate must be paid by the applicant before service commences.

Sec. 6-99.      Limitations on opening fire hydrants.
        No person, without previous permission in writing from the director or his duly authorized agent, shall unscrew the cap of or open any hydrant erected for the extinguishment of fires, except in cases of fires in the neighborhood, or leave a fire hydrant open for a longer time than the director may stipulate, or use the water for other purposes than that for which such permission is granted.

Sec. 6-100.     Recovery of abatement, compensation, etc., for termination of service.
        The person to whom water service is furnished shall not demand or recover any abatement, compensation or damages on account of the lawful shutting off or limitation of the use of water for any cause.

Secs. 6-101.6-114. Reserved.

Article IV. Streets and Sidewalks

Statutory reference(s)Jurisdiction of cities over highways, Mass.Gen.L. c. 82, § 17 et seq.; regulations relative to sidewalks, Mass.Gen.L. c. 82; regulations relative to public ways generally, Mass.Gen.L. c. 85; authority to regulate use of ways for certain purposes, Mass.Gen.L. c. 85, § 10.

Sec. 6-115.     Street names, and building numbering.
        (a)     The several streets and squares in the city shall retain the names by which they are known, and all streets, ways or squares hereafter to be laid out shall be named by the city council. The city council may change the name of any street, square or way in the city; provided, that before such change, the city council shall appoint a time and place for hearing all person interested therein, and give notice of such hearing and of its intention to change such name, by publication of the same in at least one newspaper published in the city. It shall cause signposts to be erected designating the names of streets and private ways leading from accepted streets.
        (b)     Every dwelling house and other structure shall have proper street numbers affixed thereto in the manner designated by the director of public works. The owner of any building or part of a building, who neglects or refuses to affix to the same the numbers designated by the director of public works or who shall affix or retain there, for more than three (3) days, any number contrary to such direction, shall be in violation of this section, and subject to a fine accordance with section 1-7.

Statutory reference(s)authority to provide for names of streets, etc. , Mass.Gen.L. c.85 §§ 3 to 3B. Authority to provide by ordinance for the numbering of buildings, Mass.Gen.L. c. 40, § 21(10).

Sec. 6-116.     Obstruction in streets and gutters.
        Except as provided in these ordinances, no person shall place or deposit or permit to be placed or deposited, in any public way, any impediment or obstruction of any kind, including snow or ice from private premises or occupy or obstruct any public way to interfere with the convenient use of the same for public travel, without a written authorization from the director.

Sec. 6-117.     Fences or buildings on lines of public ways.
        No person shall erect or cause to be erected, any fence or building on the line of any public way without first ascertaining the bounds of the street from the department. If any encroachment shall be made upon any street or way, and the party making it neglects or refuses to remove the same after notice so to do, the director may remove the same at the expense of the owner and shall cause the persons so offending to be prosecuted for such offense.

Sec. 6-118.     Erection on public ways.
        No person shall erect any permanent fixture on any public way except by permission of the director of public works.

Sec. 6-119.     Encroachment by gates, doors.
        No person shall allow any gate or door belonging to premises under his legal control and adjoining any public way to swing on, over or into a public way.

Sec. 6-120.     Openings, etc., to cellars, basements, etc., in public wayPermit required.
        No person shall erect or maintain a passageway or other opening to any cellar, basement or other structure in or upon any public way, without the written authorization of the director of public works, and shall execute a bond to the city in such a sum as the director may prescribe in a form approved by the city solicitor. (Amended 3-10-97)

Sec. 6-121.     Same-guards and lighting.
        No platform or grate covering the entrance or passageway to a cellar or basement or any shaft or light shaft leading to a cellar or basement in any public way shall project above the even surface of such way. Every such entrance, passageway or shaft shall be kept covered with a suitable platform or grate or shall be guarded and protected by a sufficient railing on both sides thereof, and well lighted at night. Whenever such platform, grate or railing shall be adjudged unsafe by the department of municipal inspections, the owner thereof shall be notified without delay, and shall replace the same with a safe and proper platform, grate or railing forthwith.

Sec. 6-122.     Raising or lowering merchandise over streets.
        No person shall raise into or lower from, the second or any higher story of a building, over any portion of a public way, any articles of merchandise, goods or other materials, except in accordance with a permit from the director of public works, and such person shall execute a bond to the city in such a sum as the director of public works may prescribe.

Sec. 6-123.     Depositing rubbish or filth in public ways.
        No person shall throw, sweep into, drop, sprinkle, scatter, put, place or suffer to remain in any public way any rubbish, filth or other solid waste of any kind except as may be herein provided.

Sec. 6-124.     Snow and Ice Removal.
        (a)     Sidewalks and footways. The owner, his agent or the person having charge of any building or lot of land bordering on any highway, street, land, court, square or public place within the city, where there is any footway or sidewalk duly established, shall cause all the snow to be removed from such footway or sidewalk in front of such premises within twenty-four (24) hours of the time it ceased to fall. Whenever any sidewalk or footway abutting on any building or lot of land shall be encumbered with ice, the owner, agent or person having charge of such building or lot shall remove the ice therefrom, or so treat it that it shall be safe and convenient for travel.
        (b)     Roofs. The owner, his agent or the person having charge of any building adjoining any highway, street, lane, court, alley, square or public place with the city, where the roof of such building slopes towards such highway, street, lane, court, alley, square or public place, shall cause all the snow and ice to be removed from such roof within twenty-four (24) hours after the same has fallen or formed.
        (c)     Failure to remove. If any person, who is subject to the provisions of this ordinance, shall neglect or fail to comply with the provisions of this section, then the municipal inspectors, and/or the police officers of the city shall make reasonable attempts to notify such person(s) of his neglect or failure, and, if the person(s) does not comply forthwith, the snow and/or ice may be removed at the expense of such owner, and liened to the owners tax bill, as a municipal charge in accordance with the provisions of chapter 40, section 58 of the General Laws.

Sec. 6-125.     Placing snow and ice in street prohibited.
        During or as a result of the clearing of snow and/or ice from private property, no person shall place or cause to be placed any snow or ice upon any street, way or private way open to the public.

Sec. 6-126.     Depositing glass in public ways.
        No person shall throw, sweep into, drop, scatter, put, place or suffer to remain in any public way any unbroken or broken glass.

Sec. 6-127.     Tipping over or spilling contents of boxes, barrels or vessels.
        No person shall willfully or maliciously tip over or spill the whole or any part of the contents of any box, barrel or vessel containing ashes or rubbish set upon the sidewalk.

Sec. 6-128.     Repairing vehicles on public ways, sidewalks.
        (a)     No person shall repair a motor vehicle, except in an emergency, on a public way or a sidewalk. The police department shall have the authority to tow and impound the vehicle of any violator of this section until their fine has been paid. Upon conviction, the court shall notify the registry of motor vehicles of said violations, giving the name of the person, address and date of birth.
        (b)     Any person or entity who violates this ordinance, shall be subject to a fine in the amount of fifty dollars ($50.00) for the first violation plus towing charges and ($l00.00) for each subsequent violation plus towing charges. Fines shall be recovered by indictment or on complaint before the District Court, or by noncriminal disposition in accordance with section 1-7. Each separate instance of non-compliance, following the issuance of any warning or citation pursuant to this section, shall constitute a separate violation.

Statutory reference: Mass.Gen.L. c. 40, § 21D.

Sec. 6-129.     Washing vehicles in streets prohibited.
        No person shall wash any vehicle in any public way in the city.

Sec. 6-130.     Vehicles not permitted to cross sidewalks except at driveways.
        The driver of a vehicle shall not drive upon any sidewalk except at a permanent or temporary driveway.

Sec. 6-131.     Abandonment of vehicles on public or private ways.
        No person shall abandon on any public or private way, public or private land, a motor vehicle, tank or other receptacle which contains or has contained petroleum or any of its byproducts that might endanger the life or property of others.

Sec. 6-132.     Street games.
        No person shall play ball, football, handball, basketball or any other game involving the use of a ball or hockey equipment except under the supervision of individuals authorized by the proper city officials on any public way, nor on any private way except with the written permission of the owners of such private way.

Sec. 6-133.     Sidewalk constructionsupervision, materials, etc.
        Every sidewalk ordered to be constructed or completed within the city shall be built or completed under the direction of the department of public works.

Sec. 6-134.     Obstructing sidewalks and public ways.
        No person shall stand on any sidewalk or public way in such a manner as to obstruct free passage for pedestrians or vehicles. Individuals violating this section shall be subject to arrest without warrant by any police officer of the city, pursuant to chapter 272, section 59 of the General Laws.

Sec. 6-135.     Wells, cisterns and other excavations near public ways.
        Any person who shall make any excavation to a depth greater than one foot from the surface, adjacent to or adjoining any public way, shall maintain on the line of such way a sufficient and suitable railing or fence, which shall be kept well lit at night.

Sec. 6-136.     Asphalt street and sidewalk openings.
        (a)     No excavation of a street or sidewalk in the city of Chelsea may take place without a permit having been obtained for such work from the director of public works, which shall satisfy the local authorization required by Mass.Gen.L. c. 166, § 70.
        (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 public works, subject to the approval of the city manager, may establish such fees as are deemed necessary and reasonable for all permits issued pursuant to this ordinance. A copy of the current fee schedule shall be placed on file in the city clerks office by the director of public works. Such fee schedule shall be open for public inspection at the office of the city clerk during the regular business hours of city hall.
        (c)     Prior to issuance of a permit, the contractor must furnish the city with a certificate of insurance for general liability in the amount of five hundred thousand dollars ($500,000.00).
        (d)     All permittees must comply with the following procedures:
        (1)     Payment of all fees required.
        (2)     The department of public works must be notified twenty-four (24) hours before commencement of any excavation. Dig Safe must also be properly notified before commencement of any excavation.
        (e)     Prior to the issuance of the permit, the permittee shall be provided with a copy of this ordinance. This section has been deemed to be satisfied if a single individual or corporation shall have obtained a valid street opening permit, and a copy of this ordinance within the six (6) months prior to the pending application.
        (f)     Procedures and guidelines for excavation. As the preservation of the streets of Chelsea is a substantial concern, permittees are required to place the excavated area in as good repair as prior to the commencement of such work. The following procedures shall apply to all permittees, excepting those corporations subject to Mass.Gen.L. c. 166, § 70, which shall view these procedures a recommended guidelines towards the avoidance of constituting a public nuisance.
        (l)     The street or sidewalk shall only be disrupted within the area requiring excavation for repair, replacement or new installation. When the opening occurs within two feet (2') of the curb or edge of the hardened surface, the paved area between the excavation and the curb/edge must be removed prior to the temporary repair.
        (2)     The area to be excavated shall be precut in straight lines with ninety degree (90°) angles at the point of intersection.
        (3)     In the backfill process, the backfill shall be comprised of suitable material (subject to the approval of the director of public works) and compacted in six inch (6?) layers to within four inches (4?) of the pavement surface or the thickness of the pavement structure, whichever is greater. Each layer shall be ninety-five percent (95%) compacted by mechanical means. The vertical face of the pavement cuts shall be thoroughly cleaned, particularly in the corners. All structures shall be leveled to the adjacent surfaces. All surface and unacceptable excavated material shall be removed from the job site immediately. The removal and disposal of material, including pavement is the responsibility of the permittee. This shall be achieved in such a manner as to minimize interference with pedestrian and vehicular traffic.
        Concrete or an alternative method approved by the director of public works must be used around all electric conduit in trenches.
        (4)     Permittees who fail to properly notify the department of public works for the inspection of a trench shall be subject to loss of their five hundred dollar ($500.00) refundable deposit, and shall be required to repeat the trench backfilling process.
        (5)     The excavation shall at all times be properly barricaded to insure the safety of the public.
        (6)     After backfilling is complete, the permittee shall immediately notify the department of public works. Temporary patching will be done by a contract representative of the city, and payment for such work shall be the financial responsibility of the permittee. The permittees barricade shall be immediately removed from the vicinity of the patched area upon completion of the temporary bituminous patching application. A trench remaining open after proper notification shall subject the permittee to liability damages arising from the excavation.
        (7)     The permittee shall be liable for the condition of street and sidewalk opening and protection thereof. The permittee will also be responsible for any settlement in or adjacent to the original excavated area for a period of three (3) years from the date of the final accepted permanent repair. Any settlement of a street or sidewalk opening will be corrected by the citys contract representative and charged to the permittee.
        (8)     Immediately after the specified settling period, the excavation shall be permanently restored by the contract representative of the city in accordance with the requirements of the director of public works. Payment for all permanent restoration procedures shall be the financial obligation of the permittee.
        (9)     In conjunction with the permanent restoration of the street or sidewalk, the permittee shall be responsible for any or all necessary appurtenant measures, including but not limited to, surface profiling, resetting utility structures, compatible crackfilling, tack coating, infrared heating of the seams. Auxiliary measures will be determined by a site inspection with an authorized representative of the department of public works.
        (l0)     Any improperly prepared excavations, including those left with less than four inches (4?) of depth or the thickness of the street (whichever is greater) shall be temporarily filled and charged to the permittee. Upon notification by the city to the permittee, the permittee shall make payment of the required fees, and shall in a timely fashion, re-excavate the trench and properly prepare the trench.
        (g)     Permeates who fail to restore the excavated area according to the guidelines contained in subsection (f), or according to a similar procedure approved by the director of public works which placed the excavated area in as good repair as they were in when opened, shall be guilty of nuisance.
        (h)     Pavement cracks, which develop after the permanent repair has been performed and which are immediately adjacent to the excavated area, will be filled and/or sealed by a contract representative of the city. The permittee shall bear complete and full responsibility for the repair of these cracks.
        (i)     At the direction of the city the appropriate contract representative shall bill the permittee for all services rendered relative to the permittees excavation and trench. Payment for these services shall be due and payable within thirty (30) days of receipt. All invoices past due shall accrue service charges of one and one-half percent (1 1/2%) per month, provided that the rate does not exceed the amount permitted by law. Invoices exceeding ninety (90) days shall be paid by the city.
        (j)     The city reserves the right to bill the permittees directly, including assessment and conveyance of reasonable administrative charges, as provided by Massachusetts General Law.
        (k)     Excavations opened without a permit shall be subject to cancellation existing permits, refusal to issue such future permits as may be requested, revocation of all licenses granted by the city, and the levying of any associated fines.
        (l)     Police protection, if required, shall be paid by the permittee either directly or billed by the citys contract representative at cost, plus allowable administrative charges.
        (m)     Failure to make proper payment of the required fees, and/or other costs shall constitute grounds for cancellation and refusal of all existing permits, such future permits as may be requested, revocation of all licenses granted by the city, and the levying of any associated fines. All such outstanding balances shall constitute a municipal charge under chapter 40, section 58 of the General Laws, and the city reserves the right to proceed by all legally available means to secure receipt of said outstanding balances including total accrued service charges together with all costs of collection including attorneys fees. (Amended 3-10-97)

Sec. 6-137.     Protection of public.
        Where the flow of pedestrian and/or vehicular traffic will be impeded or rerouted by any work coming under the provisions of section 6-136, the holder of the permit shall procure at his expense sufficient police details furnished by the police department, as the regulations of the chief of police or his duly authorized agent may require. When a permit is issued by the department of public works for a street opening, the department of public works and the petitioner shall notify the chief of police immediately.

Sec. 6-138.     Emergency phone numbers.
        Any utility company and/or contractors opening or doing work on streets in the city, requiring overnight protection of open or covered areas, must leave their name and telephone number on site and visible, so that they may be contacted in the event of an emergency.

Sec. 6-139.     Notice to repair defective or dangerous conditions.
        The director of public works shall order the owner or person in control of any building or lot of land or portion thereof, which has appurtenant thereto any bulkhead or other opening in the street or highway to repair any defective or dangerous condition of such bulkhead or other opening within forty-eight (48) hours after notice thereof or within such other time as the director considers reasonable.

Sec. 6-140.     Manner of serving notice to repair defective or dangerous conditions.
        The order referred to in section 6-139 shall be in writing and may be served personally on the owner or his authorized agent by any person authorized to serve civil process; or a copy of the order may be left at the last and usual place of abode of the owner or his agent, if he is known and within the commonwealth. If the residence of the owner or his agent is unknown or is outside the commonwealth, the city engineer may order the notice to be served by posting it on the premises and by advertising it in a newspaper of general circulation in the city.

Sec. 6-141.     Failure to comply with notice to repair defective or dangerous conditions.
        If the owner or his agent fails to comply with the order referred to in section 6-139, the director of public works may cause the dangerous or defective condition of such bulkhead to be repaired, and all expenses incurred thereby shall be paid by the owner of the building or lot of land if he has had actual notice from the director of public works of the existence thereof.
        All such outstanding balances shall constitute a municipal charge under chapter 40, section 58 of the General Laws, and the city reserves the right to proceed by all legally available means to secure receipt of said outstanding balances, including total accrued service charges together with all costs of collection including attorneys fees.

Sec. 6-142.     Leaving coalholes and other apertures open.
        No person shall leave a coalhole or other aperture in any sidewalk or street open or unfastened except when in actual use and properly guarded.

Sec. 6-143.     Permit for use of public way for building repair required.
        (a)     Every person intending to erect or repair any building upon land abutting on any public way in the city, and desiring to use any portion of the public way in connection therewith, shall make application to the traffic commission or their designee for a permit so to do.
        Any permit granted pursuant to this ordinance may be revoked by the traffic commission or their designee at any time when the holder thereof fails to comply with any rule or regulation under which it is granted or when the public good requires such revocation.
        (b)     Any person excavating land or any person in charge of such excavation and any owner of land which has been excavated shall erect safety barriers around such excavation. After such person has been notified, in writing, by the building inspector, stating that in his opinion such excavation continues to constitute a hazard to public safety, such person shall immediately take whatever measures prescribed by the building inspector. The superior court shall have jurisdiction in equity to compel compliance with this provision. Notwithstanding the foregoing, no person shall be found guilty of a violation of this provision, nor shall a person be compelled in equity to comply therewith unless, in the opinion of the court, such excavation constitutes a hazard.

Sec. 6-144.     Use of unallotted portions of public way; removal of rubbish, etc.
        (a)     No part of a public way, other than that part so allotted, shall be used for depositing materials for work to be done or receiving rubbish arising from such work. Immediately after the expiration of the time fixed, and at such other times as the traffic commission may direct, the person so building or repairing shall remove all rubbish or other substances resulting from such work.
        (b)     In case of neglect or refusal of such person to remove such rubbish, the same shall be removed by the city, the cost of which shall be borne by such person, and shall constitute a municipal charge under chapter 40, section 58 of the General Laws.

Sec. 6-145.     Barrier required; lighting.
        Whenever a permit is granted under the provisions of section 6-143, the portion of a public way thereby allotted shall be enclosed with a sufficient barrier, which shall be maintained during the whole time for which the occupation of such portion of the public way continues. Sufficient lights shall be fixed to some parts of such barrier or in some other proper manner, and lights shall be kept lit from the beginning of twilight through the whole of every night during such occupation.

Sec. 6-146.     Passageway for pedestrians required.
        Whoever is duly permitted to occupy a part of a public way while erecting or repairing a building or making an excavation or for any other purpose, shall provide a safe and convenient passage for pedestrians around or over the obstructions so caused, which shall meet the approval of the department of public works.

Sec. 6-147.     Responsibility for injuries.
        Every person who is duly permitted to occupy a part of a public way while erecting or repairing a building shall be responsible to the city for all injuries sustained in consequence of his neglect so to do or his neglect to maintain the same in proper condition, and shall in all other respects be subject to the provisions of section 1-7.

Sec. 6-148.     Construction, laying out, alteration, etc., approval by planning board.
        No street or way shall be laid out or constructed as a public way, except with the approval of the planning board.

Sec. 6-149.     Construction, laying out, alterations, etc.
        (a)     Every petition for the laying out, widening, altering, discontinuing or defining lines of streets or ways must have endorsed thereon the approval of the planning board, and shall be accompanied by a copy of an approved plan and profile, showing the present length, width, lines and grade of the street which it is proposed to have laid out, widened, altered, discontinued or defined; the abutting lands, with the fences and buildings thereon, and the length of frontage of each estate; the land to be taken and the names of the owners of such lands; also showing, in red ink, the proposed lines and grade of such street, and giving sufficient reference to stakes or other boundary marks on the premises, to enable city officials to locate such street with accuracy. Such plan shall be accompanied by an agreement referring thereto, bearing the signatures of such owners, parties and other parties in interest as may be willing to release all claims and demands against the city for property or other damage that may arise out of the proposed change in accordance with such plan, together with the amount of damage. A list of the names of all owners, and other parties in interest who may decline to release or state their prospective damages shall be filed also.
        (b)     The city council before ordering the laying out, accepting, widening, altering, discontinuing or defining of the lines of any street or way shall issue an order of notice as to the proposed action for a public hearing thereon before the traffic commission. Such notice shall be published for two (2) successive weeks in some newspaper published in the city, the last publication to be at least seven (7) days before such hearing, and such additional service thereof, as may be prescribed by law. Such notice shall state the time and place appointed for such hearing.

Sec. 6-150.     Materials deposited from tires and cleats.
        (a)     No person shall operate or cause any trucks, contractors equipment of any kind or any vehicle to operate from any premises adjoining any street, highway or alley within the city so as to enter upon such street, highway or alley from such premises with the wheels, tires, lugs cleats or other portions of the equipment containing earth, mud or other materials without providing proper means of cleaning up such street, highway or alley and removing all earth, mud, dirt and other materials so deposited thereon.
        (b)     Any failure to so remove such materials after each days operations shall be considered a violation of the terms of this section, and each days violation shall be considered a separate offense.

Sec. 6-151.     Signs, awnings, canopies, etc.
        No person shall place or maintain any sign, awning, canopy, that projects more than twelve inches (12?) over the public way without first obtaining a license from the director of municipal inspections. Such license may contain terms and conditions, as the director deems necessary for the protection of the public good. The person, so placing or maintaining the same, shall also conform to any directions given by the director of municipal inspections. The director of municipal inspections may at any time revoke such permission and order the immediate removal of any awning, canopy, shade or frame, which now is or hereafter may be, placed or maintained over any public way, if the public good so requires. If the owner or any person having the care thereof shall neglect or refuse to comply with such order, after due notice has been given thereof, the director of municipal inspections shall cause the same to be removed at the expense of the owner, or the person maintaining the awning, canopy, shade or frame. The property owner where such sign, awning or canopy is to be located shall execute a bond to the city in such a sum as the director of municipal inspections may prescribe.

Statutory reference(s)Permission to move buildings, Mass.Gen.L. c. 85, § 18; cutting of wires in order to move buildings, Mass.Gen.L. c. 166, § 39.

Sec. 6-152.     Exhibition of permit.
        Every person granted a permit under the provisions of this chapter shall exhibit his permit for such occupation at all times when requested by the department of public works or any agent thereof, an inspector of the department of municipal services, or by a police officer.

Secs. 6-153.6-159. Reserved.


Chapter 7  PUBLIC SAFETY

Sections:
Article I. Police
Sec. 7-1.       Oath of members.
Sec. 7-2.       Enforcement of laws, ordinances, etc.
Sec. 7-3.       Special police.
Sec. 7-4.       Disposition of revenues.
Sec. 7-5.       Police chief in charge of complaints.
Sec. 7-6.       Bond of chief required.
Sec. 7-7.       Emergency declaration and announcement.
Secs. 7-8.7-34. Reserved.

Article II. Fire
Sec. 7-35.      Definitions.
Sec. 7-36.      Board of fire prevention regulations incorporated by reference.
Sec. 7-37.      Compliance with orders at a fire.
Sec. 7-38.      Right of way of fire department.
Sec. 7-39.      Interfering with signal boxes, etc.
Sec. 7-40.      Interfering with, refusal to obey orders, etc., of fire department.
Sec. 7-41.      Driving over a fire hose.
Sec. 7-42.      Right of entry of employees into buildings and premises.
Sec. 7-43.      Applications for storage of flammable products.
Sec. 7-44.      Construction of certain plants forbidden.
Sec. 7-45.      Permits for rockets, missiles, similar projectiles.
Sec. 7-46.      Transportation of liquefied energy gases.
Sec. 7-47.      Regulation of vehicle cargo.
Sec. 7-48.      Bonfires.
Sec. 7-49.      Sprinkler systems required in certain buildings.
Sec. 7-50.      Public buildings fire alarm system.
Sec. 7-51.      Automatic fire warning and smoke detector systems in unoccupied buildings.
Sec. 7-52.      Fire detail required during demolition work.
Sec. 7-53.      Storage of flammable products fee schedule.
Sec. 7-54.      Hot work at marine terminals.
Sec. 7-55.      Outside details.
Sec. 7-56.      Tar-heating permits required.
Sec. 7-57.      Permit fee schedule.
Sec. 7-58.      Smoke detection system false alarms.
Sec. 7-59.      Safe key installation required.
Secs. 7-60.7-69. Reserved.


Article III. Security Alarm Systems
Sec. 7-70.      Definitions.
Sec. 7-71.      Exclusion from article.
Sec. 7-72.      Administrative rules.
Sec. 7-73.      Automatic dialing devicesInterconnection to police department.
Sec. 7-74.      SameIntermediary services.
Sec. 7-75.      Direct connections to police department.
Sec. 7-76.      Control and curtailment of signals emitted by alarm systems.
Sec. 7-77.      Testing of equipment.
Sec. 7-78.      False alarms.
Sec. 7-79.      Penalties.
Secs. 7-80.7-99. Reserved.

Article IV. Civil Defense
Sec. 7-100.     Department of civil defense.
Sec. 7-101.     Intergovernmental assistance.
Sec. 7-102.     Acceptance of gifts, grants, loans, etc.
Sec. 7-103.     Implementation.
Sec. 7-104.     Filing of orders, regulations.
Sec. 7-105.     Utilization of services of other governmental bodies.
Sec. 7-106.     Termination of article.
Secs. 7-107.7-124. Reserved.

Article I. Police

Sec. 7-1.       Oath of members.
        Each police officer shall be sworn to the faithful discharge of his duties.

Statutory reference(s)Police officers, Mass.Gen.L. c. 41, § 96 et seq.; police, Mass.Gen.L. c. 147, § 1 et seq.

Sec. 7-2.       Enforcement of laws, ordinances, etc.
        It shall be the duty of all police officers to enforce the laws of the Commonwealth, the laws and ordinances of the city, and to do or perform such other acts as may be connected with their office or incidental thereto.

Statutory reference(s)Similar provisions, Mass.Gen.L. c. 41, § 98.

Sec. 7-3.        Special police.
        In accordance with the provisions of the Administrative Code special police officers may be appointed to serve with or without pay for special duty during times of local emergency, and may limit their sphere of duty and their time of service.
        The persons so appointed shall be subject to the provisions of the city ordinances and laws of the Commonwealth, so far as the same are applicable, and to all rules and regulations prescribed for the administration of the police department, if and when they receive compensation as such officers, from the city.

Sec. 7-4.        Disposition of revenues.
        All fees, penalties, witness fees, moneys or compensation received by any member of the police department, other than the salary, for any services rendered in his 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 officer receiving the same.

Sec. 7-5.        Police chief in charge of complaints.
        The chief of police shall have charge of all complaints made to the police department by citizens or by any police officer thereof for any breach of the criminal law and the ordinances of the city, and he or his designee shall appear in court and prosecute all violations thereof.

Sec. 7-6.       Bond of chief required.
        The chief of police, before assuming his office, shall give a bond of a Massachusetts surety company for the sum of one thousand dollars ($1,000.00) to be approved by the city manager for the faithful performance of his duties.

Sec. 7-7.        Emergency declaration and announcement.
        (a)     Whenever impending weather conditions threaten to constitute a traffic hazard impairing transportation, the movement of food and fuel supplies, medical care, fire, health and police protection and other vital facilities of the city, the chief of police shall declare an emergency period.
        (b)     Whenever such an emergency period exists and the chief of police shall have caused announcement thereof through the state highway department by the use of available news media, any or all of the parking prohibitions shall become effective at either the time designated or upon posted snow emergency arteries becoming in effect at either the time designated or upon the accumulations of two inches of snow in the absence of a declaration.

Secs. 7-8.7-34. Reserved.

Article II. Fire

Statutory reference(s)Fires, fire departments in cities, Mass.Gen.L. c. 48§ 44A et seq.; fire prevention generally, Mass.Gen.L. c. 148.

Sec. 7-35.      Definitions.
        The following words and phrases, when used in this article, shall have the meaning ascribed to them in this section:
        Capacity. The word capacity shall mean a maximum combined total of all flammable products or their by-products licensed by the licensing commission on a persons property.
        Carrier. The word carrier shall mean a person engaged in the business of transporting L.E.G. by L.E.G. trailer or other vehicle; if the trailer or vehicle is leased, the lessee is the carrier.
        Class. The word class shall mean, and refer to Class A, B, C, as is defined in CMR 527-Section 9.02.
        FDD. The word FDD shall mean the fees for permits issued by the fire department, on file in the city clerks office.
        Fees. The word fee or fees shall mean the fees as established by ordinance in the city.
        Fire chief. The word fire chief shall mean the Chelsea fire chief or his designee.
        Gallon. The word gallon shall mean the U.S. standard gallon.
        Hot work. The words hot work shall mean and include any open-flame, electrical equipment which may cause sparks, including welding, cutting or other spark-producing operation.
        L.E.G. The word L.E.G. shall mean liquefied energy gases.
        L.E.G. trailer. The phrase L.E.G. trailer shall mean a tank trailer designed for the bulk transport of L.E.G.
        Person. The word person shall mean any agency or political subdivision of the Federal Government or the Commonwealth of Massachusetts; any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, consortium, joint venture, or other commercial entity; and any officer, employee or agent of said person, and any group of said persons.
        Police chief. The word police chief shall mean the Chelsea police chief or his designee.

Sec. 7-36.      Board of fire prevention regulations incorporated by reference.
        The State Board of Fire Prevention Regulations, set forth at 527 CMR 1.00 et seq., including subsequent modifications, amendments, or deletions is hereby adopted by the city for the purpose of governing public health, safety, welfare, and to secure safety to life and property, a copy of which regulations shall be kept on file in the city clerks office. The State Board of Fire Prevention Regulations 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 the State Board of Fire Prevention Regulations, this article or an order of the chief of the fire department, or the fire prevention officer shall be punished in accordance with the provisions of section 1-7 by a fine which in no instance shall exceed three hundred dollars ($300.00). Each days failure to comply shall constitute a separate violation.

Sec. 7-37.      Compliance with orders at a fire.
        (a)     All persons not members of the fire department are hereby required to obey the order and directions of the officer in command at any fire, and to render their services if so ordered by him.
        (b)     No person not a member of the fire department shall enter within the lines formed at a fire except by permission of the officer in command.

Sec. 7-38.      Right of way of fire department.
        In case of fire, the fire department shall have the right of way in the public streets of the city at all times.

Sec. 7-39.      Interfering with signal boxes, etc.
        (a)     No person shall interfere with any of the signal boxes, wires or other supports of the wires belonging to or in connection with the fire department of the city.
        (b)     Any person found guilty of violating this section, including the conviction for interfering with a fire alarm box by falsely pulling the alarm therein, shall be fined in accordance with chapter 268, section 32 of the General Laws.

Sec. 7-40.      Interfering with, refusal to obey orders, etc., of fire department.
        No person shall neglect or refuse to remove any combustible material, when ordered to do so by the chief of the fire department, or obstruct any officer or member of the fire department, in the discharge of his duties, or willfully interfere with any pump or other apparatus used by the members of the fire department in the discharge of their duties.

Sec. 7-41.      Driving over a fire hose.
        No person shall drive any vehicle upon or over any hose, placed in any street by order of any officer of the fire department, without the consent of an officer of the department.

Statutory reference(s)Driving over a fire hose, Mass.Gen.L. c. 89, § 7A.

Sec. 7-42.      Right of entry of employees into buildings and premises.
        To the extent allowed by law, any person having any duty to perform under the provisions of this chapter, in the performance of his duty, may enter any building or premises in the city.

Statutory reference(s)-Mass.Gen.L. c. 148, § 4.

Sec. 7-43.      Applications for storage of flammable products.
        All applications for the storage, keeping, manufacture or sale of hydrocarbons, flammable, flammable fuels, shall contain the specific commercial (e.g. gasoline) name of the product as used in the trade, other than its generic (e.g. benzene) term.

Sec. 7-44.      Construction of certain plants forbidden.
        (a)     No new bulk storage plants and no new processing plants utilizing flammable and combustible liquids and/or gases shall be constructed in the city.
        (b)     No additional flammable and liquid or gas storage shall be permitted at any existing bulk storage plant or processing plant, duly licensed, except under such terms and conditions as the licensing commission and the chief of the fire department may direct.
        (c)     Renewals and revocations of licenses provided for in subsections (a) and (b) of this section shall be governed by chapter 148 of the General Laws.
        (d)     After a permit or license has been granted under this section, the construction permission granted shall commence within two (2) years of the granting of such permit, and if at the expiration of two (2) years construction of at least twenty-five (25) percent of proposed new construction granted under this section has not commenced, then the permit shall be automatically revoked without the necessity of any further hearings, this twenty-five (25) percent to be a determination to be made by the building inspector, according to plans filed in his office.

Sec. 7-45.      Permits for rockets, missiles, similar projectiles.
        The construction, use, discharge, firing, launching or exploding of rockets, missiles and similar projectiles and devices within the city is hereby prohibited, unless a written permit therefor has been obtained from the chief of the fire department. The chief of the fire department is hereby authorized to impose reasonable requirements and limitations in the interest of public safety and welfare upon the issuance of and privileges granted by such permits, including minimum age, experience and education of the permittees, adult supervision, and limitations on the place and time of use.

Statutory reference(s)-Mass.Gen.L. c.148, §39, et seq.

Sec. 7-46.      Transportation of liquefied energy gases.
        (a)     Restricted stopping places. Unless the L.E.G. trailer is disabled, a carrier or a driver may stop, park and stand an L.E.G. trailer within the city only to:
        (1)     Load or unload that L.E.G. trailer;
        (2)     Comply with the orders of the fire chief, or his designee;
        (3)     Comply with the orders of a police officer;
        (4)     Comply with an official traffic control device.
        (b)     Disabled L.E.G. carriers. Any disabled carrier, in the city of Chelsea, shall post a sign in front and rear of said carrier indicating that L.E.G. carrier is disabled.
        (c)     Penalty. A carrier or a driver who violates this ordinance is subject to all fines allowed under the provisions of section 1-7.

Sec. 7-47.      Regulation of vehicle cargo.
        (a)     Liquefied propane gas (LPG). No vehicle with a load limit in excess of 5,000 gallons of LPG shall be allowed in the city, other than on streets listed in the city clerks office.
        (b)     Liquefied natural gas (LNG). No vehicle transporting in excess of 100 gallons of LNG shall be allowed in the city, other than on streets listed in the city clerks office.
        (c)     Enforcement.
        (1)     The chief of police or his designee shall enforce this section and shall have the authority during any emergency; including but not limited to street repair, traffic congestion, or weather conditions; to temporarily permit the use of streets other than those listed in the city clerks office.
        (2)     The chief of police shall report in writing to the city manager, and the traffic commission within seven (7) days of any temporary permits granted.
        (3)     During any emergency in which the cargo of a vehicle is, in the judgment of the operator, placed in jeopardy, then the operator of the vehicle may travel on streets not authorized for use.
        (4)     The operator of any vehicle using unauthorized streets, for any reason, shall report to the Police Department and to the terminal, to or from which they were traveling, as soon as possible.
        (d)     Declaration. The chief of the fire department shall notify in writing, to the city manager, the licensing commission, and the city council, that a new cargo is classified into the category of LEG, and the city council shall act to determine if an amendment will be added to this ordinance.
        (e)     Notification.
        (1)     The office of the city clerk shall to the degree possible, supply a copy of this ordinance to all persons that are involved in the transportation of cargos covered by the provisions of this ordinance.
        (2)     It shall be the responsibility of any person, conducting an operation in the city for the loading or unloading of cargos covered by this ordinance; to provide to its own or other LEG carriers, that load or unload at its facilities, with a copy of this ordinance; and also post a copy of this ordinance in a conspicuous place where operators of LEG carriers will take notice.

Sec. 7-48.      Bonfires.
        No person shall make a bonfire or any other fire in a public way or in close proximity to any building, except in accordance with a permit from the chief of the fire department.

Sec. 7-49.      Sprinkler systems required in certain buildings.
        (a)     All buildings erected or increased in height by alterations or additions, so as to consist of seven (7) or more stories or seventy (70) feet or more in height, shall be equipped with an automatic sprinkler system and sprinkler alarm satisfactory to the chief of the fire department, as defined in General Laws, chapter 148, section 1. The vertical distance is measured from the ground grade to the top of the highest roof beams of a flat roof, or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one (1) street, the height shall be measured from the average of the grades at the center of each street.
        (b)     The sprinkler system shall be designed in accordance with N.F.P.A. No. 13, Standards for the Installation of Sprinkler Systems.
        (c)     Each tenant floor shall be considered a separate fire area in the design of the sprinkler system, with a shutoff valve for each floor.
        (d)     A one and one-half (1 1/2) inch hose valve shall be provided at the sprinkler riser exclusively for fire department use.
        (e)     A wet standpipe system must also be installed in a stairwell, in accordance with N.F.P.A. requirements. A one and one-half (1 1/2) inch hose of suitable length to reach all floor areas, with a nozzle, must be attached to the 2 1/2 inch 1 1/2 inch gated outlet.
        (f)     An indicator panel with local supervision shall be located at the building entrance, easily accessible to fire fighters, to designate by signal the floor on which the sprinkler system is operating. The indicator panel shall provide for takeover of control of one (1) or more elevators by fire fighters and for running at least one (1) elevator on emergency power.

Sec. 7-50.      Public buildings fire alarm system.
        Any construction of public buildings or additions thereto shall include a water sprinkler alarm system, subject to approval of the fire department.

Sec. 7-51.      Automatic fire warning and smoke detector systems in unoccupied buildings.
        (a)     Every building or structure not exceeding seventy (70) feet in height above the mean grade erected or substantially altered to be occupied or unoccupied for any purposes, or erected or substantially altered and presently unoccupied for a period not to exceed forty-five (45) days for any purpose, shall be protected with an approved automatic fire warning system in accordance with the provisions of the state building code. Such system shall include the features of automatic smoke detection in conjunction with the approved fire detection devices.
        (b)     The fire detection devices shall be placed in or outside the unoccupied building so as to give an audible signal of a noise decibel satisfactory to the fire chief.
        (c)     The chief of the fire department shall enforce the provisions of this section.
        (d)     Whoever is aggrieved by the chief of the fire departments interpretation, order, requirement, direction or failure to act under the provisions of this section may, within forty-five (45) days after the service of notice thereof, appeal from such interpretation, order, requirement, direction, or failure to act, to the state board of appeals as provided in the state building code.

Sec. 7-52.      Fire detail required during demolition work.
        Where any contractor is doing demolition work in the city, and where said work is taking place within thirty (30) feet of a dwelling unit or other building that is occupied, and where the safety, health and welfare of the general public is concerned, said contractor shall produce at his expense sufficient fire details furnished by the fire department.

Sec. 7-53.      Storage of flammable products fee schedule.
        (a)     The schedule of licensing fees for the storage of flammable products by persons is not printed herein but a schedule of such fees is on file in the city clerks office.
        (b)     In the case of a new flammable product or by-product not yet discovered or developed, that could take any shape or form, the storage fee charge shall be determined by the licensing commission upon a recommendation by the fire chief, and shall be based upon classification by the State Board of Fire Prevention Regulations, according to 527 CMR 1.00 et seq. and comparable established fee schedules.

Sec. 7-54.      Hot work at marine terminals.
        (a)     Any work or repairs involving hot work so-called is prohibited aboard any vessel, ship, or barge while located at any marine terminal in the city.
        (b)     Any work or repairs involving hot work, so-called, on docks, storage tanks, pipes or other equipment whatever, located in or within the property line of a marine terminal or yard area, including a pipeline for petroleum products extended from a petroleum terminal or which extends into the city, shall be prohibited unless a permit has been obtained from the chief of the fire department under such terms and conditions as he may require for the prevention of fire or for fire protection, and also as required by state law.
        (c)     Any company operating a marine terminal or yard within the city shall inform all bidders for such work that a permit is required and that such work will require a fire watch in accordance with the requirements of the city of Chelsea fire department. Such permits shall be taken out in the name of the contractor, unless such work is being done by employees of the terminal or yard in which case it will be taken out in the name of the marine terminal company.
        (d)     All hot work shall stop when in the opinion of the chief of the fire department or his authorized representative, it is not safe due to any spill of product or vapors due to transfer of product from a ship or vessel or barge or at a loading rack which may be dangerous due to weather and/or wind conditions. Hot work must only be conducted under safe conditions with all necessary safe preparations, if the plant is to continue operations.
        (e)     No smoking regulations for marine terminals and yards shall be established and regulated by the Chelsea fire prevention bureau and/or state law.
        (f)     Violation of this ordinance may result in the revocation of such terminal or storage license by the chief of the fire department, or stopping of terminal or yard operations by the chief of the fire department.
        (g)     A copy of this ordinance shall be posted in the office of every terminal manager and maintenance manager or engineer responsible for or employing such hot work. (Amended 3-10-97)
Sec. 7-55.      Outside details.
        (a)     The chief of the fire department shall require such means of fire prevention and/or fire protection as in his judgment is necessary for the protection of the health, safety and welfare of the residents of the city of Chelsea, including fire details which may consist of permanent members of the fire department. Such details shall be approved by the chief of the fire department and shall include any fire watch or other detail required by state law or the chief of the fire department affecting fire prevention, fire protection or a detail left at the scene of a fire to prevent rekindle and to protect human life or public or private property, and as may be required by the chief of the fire department, ordinance or state law.
        (b)     The personnel assigned, and the number thereof shall be determined by the chief of the fire department. Members so assigned by the chief of the fire department shall be under such instructions as the chief of the fire department, city ordinance or state law may require.
        (c)     When members of the fire department are so assigned by the chief of the fire department, they shall be considered to be on official duty under the direct supervision of and responsible to the chief of the fire department.
        (d)     Equipment owned or maintained by the fire department shall only be used with the approval of the head of the fire department, and a reasonable fee shall be charged for the use of such equipment.
        (e)     All persons who desire or are required by the chief of the fire department, by a city ordinance or by state law to employ the services of any equipment and/or members of the fire department shall do so through the chief of the fire department, under such terms and conditions as he may prescribe.
        (f)     The costs of such fire department personnel so assigned shall be the sole responsibility of the owner, occupant, contractor, person or persons so required to have such detail and/or equipment. Under no conditions shall the city be responsible for any part of such financial transaction.
        (g)     Any person aggrieved by any rule, order or decision of the chief of the fire department so made under this provision may file an appeal in writing within ten (10) days of the date of such act, rule, order or decision to the state fire marshal in accordance with the provisions of chapter 148, section 31 of the General Laws.

Sec. 7-56.      Tar-heating permits required.
        A permit in writing shall be required from the chief of the fire department under such terms and conditions as he may prescribe in writing, except as permitted in chapter 148, section 24 of the General Laws or except where not required by the State Fire Prevention Regulations, set forth at 527 CMR 1.00 et seq. for all portable tar-heating equipment to be used in the city for each location before the commencement of such tar-heating work.

Sec. 7-57.      Permit fee schedule.
        The schedule of permit fees for permits issued by the fire department is not printed herein but a schedule of such fees is on file in the city clerks office.

Sec. 7-58.      Smoke detection system false alarms.
        (a)     The chief of the fire department, or his authorized designee is authorized to charge a reasonable fee, in accordance with chapter 40, section 22F of the General Laws, which shall be assessed to owners of property and/or persons in possession of property equipped with electronic or battery operated signal systems which detect smoke or fire, who cause or allow such systems to broadcast false alarms due to negligence or failure to properly maintain such equipment. A copy of the current fee schedule shall be placed on file in the city clerks office by the chief of the fire department. 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)     Where an alarm system includes an annunciator and a full-service panel whether or not connected to the municipal telegraphic system. The chief of the fire department may require the posting of a paid fire watch in accordance with section 7-45, for as long as the chief shall deem necessary, or until the alarm system has been repaired and tested satisfactorily.

Sec. 7-59.      Safe key installation required.
        (a)     Any building, other than a residential building of less than six (6) units, shall be covered by this provision.
        (b)     If access to or within a structure or an area is obstructed or unduly difficult because it is secured, and where the chief of the fire department determines that immediate access is necessary for life saving or fire fighting purposes or to investigate a signal from a fire and/or smoke detection system, manual or automatic fire alarm system, sprinkler or other fire protection system, the chief of the fire department shall require a Key Box to be installed. The type of Key Box and location of said Key Box shall be approved by the chief. The chief may require more than one (1) Key Box if conditions in his judgment are necessary.
        (c)     The building owner shall be required to store all the keys necessary to comply with the provisions of this section and as required by the chief. If a lock is changed, the fire department shall be notified immediately and the new keys placed in the Key Box.
        (d)     Any building owner violating this ordinance or after receiving due notice by the chief of the fire department shall be subject to a penalty set forth in section 1-7.

Secs. 7-60.7-69.        Reserved.

Article III. Security Alarm Systems

Statutory reference(s)Interference with police signal systems, Mass.Gen.L. c. 268, § 32.

Sec. 7-70.      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:
        Alarm system means an assembly of equipment and devices or a single device such as a solid state unit, which plugs directly into a one hundred ten (110) volt AC line, arranged to signal the presence of a hazard requiring urgent attention, and to which police are expected to respond.
        Alarm user or user means any person on whose premises a security alarm system is maintained within the city except for alarm systems on motor vehicles or proprietary systems. Excluded from this definition and from the coverage of this article are central station personnel and persons who use alarm systems to alert or signal persons within the premises in which the alarm system is located of an attempted, unauthorized intrusion or holdup attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of alarm system and shall be subject to this article.
        Automatic dialing device refers to an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect.
        Central station means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise circuits or where guards are maintained continuously to investigate signals.
        Communications console means the instrumentation on an alarm console at the receiving terminal of a signal line which, through both visual and audible signals, indicates activation of an alarm system at a particular location, or which indicates line trouble.
        Direct connect means an alarm system which has the capability of transmitting system signals to and receiving them at the police department communication center.
        False alarm means:
        (1)     The activation of an alarm system through mechanical failure, malfunction, improper installation or negligence of the user of an alarm system or of his employees or agents.
        (2)     Any signal or oral communication transmitted to the police department requesting, or requiring, or resulting in a response on the part of the police department when in fact there has been no unauthorized intrusion or attempted unauthorized intrusion into a premises and no attempted robbery or burglary at a premises.
        Excluded from this definition are activations of alarm systems caused by power outages, hurricanes, tornadoes, earthquakes and similar conditions.
        Interconnect means to connect an alarm system to a voicegrade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system.
        Police chief means the chief of police of the city or his designated representative.
        Police or police department means the city police department or any authorized agent thereof.
        Public nuisance means anything, which annoys, injures or endangers the comfort, repose, health or safety of a considerable number of persons or of any community or neighborhood.

Cross reference(s)Definitions and rules of construction, § 12.

Sec. 7-71.      Exclusion from article.
        Fire alarm systems and alarm systems which monitor temperature, smoke, humidity or any other condition not directly related to the detection of an unauthorized intrusion into a premises or an attempted robbery at a premises and all residential houses are specifically excluded from the provisions of this article.

Sec. 7-72.      Administrative rules.
        The police chief may promulgate such rules as may be necessary for the implementation of this article.

Sec. 7-73.      Automatic dialing devicesInterconnection to police department.
        Automatic dialing devices may be interconnected only to such telephone numbers at the police department as are specifically designated to receive such calls by the police department.

Sec. 7-74.      SameIntermediary services.
        Any person using an automatic dialing device may have the device interconnected to a telephone line transmitting directly to:
        (1)     A central station;
        (2)     An answering service; or
        (3)     Any privately-owned or privately-operated facility or terminal.

Sec. 7-75.      Direct connections to police department.
        (a)     Alarm systems may be connected to the communications console in the police department.
        (b)     In accordance with the normal bidding practices in effect in the city, the purchasing agent shall have the authority to request bids from alarm companies in order to furnish, at no cost to the city, a communications console and the necessary telephone lines which are compatible to the receipt of alarm signals from alarm systems whose lines are connected to the police department. Each of the bids shall set forth the annual fee each alarm user will be required to pay the alarm company for services rendered with respect to the communications console. Such services shall be set forth in the form of a written contract between the alarm company and each alarm user. The provisions of this paragraph (b) relate solely to the aforementioned communications console, connections to the said console by alarm users, and fees and charges related to the installation and maintenance of the console. Any alarm user may contract with any alarm company of his choice for the sale, installation, maintenance and/or servicing of the alarm system to be installed on his premises.
        (c)     The alarm user, or the alarm business contracting for servicing the alarm users alarm system, shall be responsible for obtaining the leased telephone line between the alarm users premises and the alarm-receiving equipment at the police department and for furnishing the appropriate interface equipment used to operate the communications console.
        (d)     The provisions of section 777 concerning false alarms shall apply to all alarm users or persons having direct connect systems, except municipal, county and state agencies and religious organizations.

Sec. 7-76.      Control and curtailment of signals emitted by alarm systems.
        (a)     Every alarm user shall submit to the police chief the names and telephone numbers of at least two (2) other persons who can be reached at any time, day or night, and who are authorized to respond to an emergency signal transmitted by an alarm system, and who can open the premises wherein the alarm system is installed.
        (b)     All alarm systems directly connected to the police station may be equipped with a test device which will give a ten-second delay or longer prior to alarm system activation in order to warn the alarm user of an open alarm circuit.
        (c)     All alarm systems installed after January 1, 1994, which use an audible horn or bell shall be equipped with a device that will shut off such horn or bell within twenty (20) minutes after activation of the alarm system.
        (d)     Any alarm system emitting a continuous and uninterrupted signal for more than thirty (30) minutes which cannot be shut off or otherwise curtailed due to the absence or unavailability of the alarm user or those persons designated by him under paragraph (a) of this section, and which disturbs the peace, comfort or repose of a community, a neighborhood or a considerable number of inhabitants of the area where the alarm system is located, shall constitute a public nuisance. Upon receiving complaints regarding such a continuous and uninterrupted signal, the police chief shall endeavor to contact the alarm user, or members of the alarm users family, or those persons designated by the alarm user under paragraph (a) of this section in an effort to abate the nuisance. The police chief shall cause to be recorded the names and addresses of all complainants and the time each complaint was made. In the event that the police chief is unable to contact the alarm user, or members of the alarm users family, or those persons designated by the alarm user under paragraph (a) of this section, or if such persons cannot or will not curtail the audible signal being emitted by the alarm system, and if the police chief is otherwise unable to abate the nuisance, he may direct a police officer or a firefighter or a qualified alarm technician to enter upon the property outside the home or building in which the alarm system is located and take any reasonable action necessary to abate the nuisance. If entry upon property outside the home or building in which the alarm system is located is made in accordance with this clause, the person so entering upon such property:
        (1)     Shall not conduct, engage in or undertake any search, seizure, inspection or investigation while he is upon the property;
        (2)     Shall not cause any unnecessary damage to the alarm system or to any part of the home or building; and
        (3)     Shall leave the property immediately after the audible signal has ceased.
After an entry upon property has been made in accordance with this section, the police chief shall have the property secured, if necessary.
        Within ten (10) days after abatement of a nuisance in accordance with this section, the alarm user may request a hearing before the chief of police and may present evidence showing that the signal emitted by his alarm system was not a public nuisance at the time of the abatement; that unnecessary damage was caused to his property in the course of the abatement; that the costs of the abatement should not be assessed to him; or that the requirements of this clause were not fulfilled.
        Not less than twenty (20) days after abatement of this public nuisance the reasonable costs and expenses of abating a nuisance in accordance with this section may be assessed to the alarm user as a municipal charge, such assessment not to exceed one hundred dollars ($100.00)

Sec. 7-77.      Testing of equipment.
        No alarm system designed to transmit emergency messages directly to the police department shall be worked on, tested or demonstrated without obtaining permission from the police chief. Permission is not required to test or demonstrate alarm devices not transmitting emergency messages directly to the police department. An unauthorized test constitutes a false alarm.

Sec. 7-78.      False alarms.
        (a)     When emergency messages are received by the police department that evidence false alarms, the police chief shall take such action as may be appropriate under subsections (b), (c), (d) and (e) of this section, and, when so required by the terms of such paragraphs, order that use of an alarm system be discontinued.
        (b)     After the police department has recorded three (3) separate false alarms within the calendar year from an alarm system, the police chief shall notify the alarm user, in person, by telephone or by mail, of such fact and require the user to submit, within fifteen (15) days after receipt of such notice, a report describing efforts to discover and eliminate the cause or causes of the false alarms. If the user, on the basis of absence from the city, or on any other reasonable basis, requests an extension of time for filing the report, the police chief may extend the fifteen (l5) day period for a reasonable period. If the user fails to submit such a report within fifteen (15) days or within any such extended period, the police chief shall order that use of the alarm system be discontinued. Any such discontinuance shall be effectuated within thirty (30) days from the date of receipt of the police chiefs order.
        (c)     If the police chief determines that a report submitted in accordance with subsection (b) of this section is unsatisfactory, or that the alarm user has failed to show by the report that he has taken or will take reasonable steps to eliminate or reduce false alarms, then the police chief shall order that use of the alarm system be discontinued. Any such discontinuance shall be effectuated within thirty (30) days from the date of receipt of the police chiefs order.
        (d)     If the police department records five (5) false alarms within the calendar year from an alarm system, the police chief shall order that the user of the alarm system discontinue use of the alarm system. Any such discontinuance shall be effectuated within thirty (30) days from the date of receipt of the police chiefs order. Such discontinuance shall continue until the police chief has received a certified notice, that the alarm system has been reviewed and or repaired and is in perfect working order, by a business or person knowledgeable in the field of alarm systems.
        (e)     Any user of an alarm system which transmits false alarms shall be assessed a fine in accordance with section 1-7 for each false alarm in excess of three (3) occurring within the calendar year. All fines assessed hereunder shall be paid to the city treasurer for deposit in the general fund. Upon failure of the user of an alarm system to pay two (2) consecutive fines assessed hereunder within sixty (60) days of assessment, the police chief shall order that the user discontinue use of the alarm system. Any such discontinuance shall be effectuated within thirty (30) days from the date of receipt of the police chiefs order. (Amended 3-10-97)

Sec. 7-79.      Penalties.
        (a)     The following acts and omissions shall constitute violations of this article punishable by a fine in accordance with section 1-7.
        (1)     Failure to obey an order of the police chief to discontinue use of an alarm system, after exhaustion of the right of appeal;
        (2)     Failure to disconnect an automatic dialing device from any telephone numbers at the police department within six (6) months after January 1, 1994;
        (3)     Interconnection of an automatic dialing device to any telephone numbers, other than those authorized, at the police department after the effective date of this article;
        (4)     Failure to pay two (2) or more consecutive fines assessed under this chapter within sixty (60) days from the date of assessment;
        (5)     Failure to comply with the requirements of this article.
        (b)     Each day during which such violations continue shall constitute a separate offense.

Secs. 7-80.7-99.       Reserved.

Article IV. Civil Defense

Statutory reference(s)Civil defense generally, Mass.Gen.L. c. 33 et seq.; local organizations, Mass.Gen.L. c. 33 et seq.

Sec. 7-100.     Department of civil defense.
        There shall be a department of civil defense and emergency management (hereinafter called the department). It shall be the function of the department to carry have charge of civil defense and emergency preparedness as defined in section 1, chapter 639, Acts of 1950, and to perform civil defense and emergency management functions as authorized or directed by said chapter or by any and all executive orders or general regulations promulgated thereunder, and to exercise any authority delegated to it by the governor under said Chapter 639.

Sec. 7-101.     Intergovernmental assistance.
        In the event of a request therefor from the mayor or city manager of such city or selectmen of such town, the chief of police, with the approval of the city manager, is authorized to send to the aid of any other city or town in the event of disaster such equipment and personnel of his department as in the judgment of the chief of police shall be advisable for the suppression of riot or other form of violence in such other city or town.

Sec. 7-102.     Acceptance of gifts, grants, loans, etc.
        In accordance with the authority referred to in section 15 of Acts of 1950, chapter 639, the city may accept gifts, grants or loans of services, equipment, supplies, materials or funds for the purposes of civil defense, and emergency management from the federal government or any agency or officer thereof or from any person. The acceptance of such gifts, grants or loans shall be subject to the terms of the offer and the rules and regulations, if any, of the agency or person making such offer. Acceptance of such gifts, grants or loans on behalf of the city shall be made through the city council, subject to the approval of the city manager. The department shall keep appropriate records of all matters relating to such gifts, grants or loans. (Amended 3-10-97)

Sec. 7-103.     Implementation.
        (a)     Upon the promulgation of executive orders or of general regulations by the governor of the Commonwealth, or upon a directive by the governor to the city manager or other officer or employee of the city to carry out the provisions of any such executive order, regulation or directive, the department, subject to the approval of the city manager, is hereby authorized and directed to take all necessary steps to carry out such executive order, regulation or directive in spite of any municipal ordinance or procedure which may in whole or in part conflict with such executive order, regulation or directive.
        (b)     In the event of a declaration of disaster, as defined in section 1 of chapter 639, Acts of 1950, the director of the department, or other individual exercising the powers and duties of such position, is authorized to exercise all the powers set forth in Acts of 1950, chapter 639, pertaining to the performance of public work, making of contracts, incurring obligations, employment of temporary workers, rental of equipment and purchasing of supplies. All such action, taken in time of disaster, shall be subject to the approval of the city manager.

Sec. 7-104.     Filing of orders, regulations.
        Upon the receipt of any executive order, general regulation or directive from the governor, as referred to in section 68 under the powers conferred upon him by Acts of 1950, chapter 639, the department or other officer or employee of the city receiving such order, regulation or directive shall cause copies thereof with all due diligence to be filed with the city clerk, the city manager, the city auditor, the city solicitor, the director of civil defense and the department affected thereby.

Sec. 7-105.     Utilization of services of other governmental bodies.
        In carrying out the purposes of civil defense and emergency management, the city shall use the services, equipment, supplies and facilities of the departments, officers and agents of the Commonwealth and of the political subdivisions of the Commonwealth to the maximum extent practicable, and all officers, departments, agents and employees of the city shall, to the fullest extent practicable, cooperate and extend their services to the Commonwealth and other civil defense or emergency preparedness organizations of the Commonwealth upon request to the end that so far as municipal action by the city is concerned the spirit and purposes of Acts 1950, chapter 639, shall be carried out to the fullest extent.

Sec. 7-106.     Termination of article.
        This articles shall remain in force during the effective period of chapter 639, Acts of 1950 and any act in amendment or continuation thereof or substitution thereof.

Secs. 7-107.7-124. Reserved.

Chapter 8  HEALTH AND HUMAN SERVICES

Sections:
Article I. General Provisions
Sec. 8-1.       Youth Commission.
Secs. 8-2.8-9. Reserved.

Article II. Animal Control

Division 1: In General
Sec. 8-10.      Purpose.
Sec. 8-11.      Definitions.
Sec. 8-12.      Running at large prohibited.
Sec. 8-13.      Nuisances.
Sec. 8-14.      Animals suspected of being rabid.
Sec. 8-15.      Using animals as prizes.
Sec. 8-16.      Animal waste.
Sec. 8-17.      Keeping of exotic animals.
Sec. 8-18.      Seizure.
Secs. 8-19.8-24. Reserved.

Division 2: Dogs
Sec. 8-25.      Identification tag required.
Sec. 8-26.      Dog owner duties.
Sec. 8-27.      Curbing of dogs.
Sec. 8-28.      Female dogs in heat.
Sec. 8-29.      Impoundment, seizure and quarantine.
Sec. 8-30.      Dangerous dogs regulation.
Sec. 8-31.      Restraint of dangerous dogs.
Sec. 8-32.      Release of impounded dogs.
Sec. 8-33.      Sale or disposition of dogs held by city for purpose of experimentation or vivisection prohibited.
Sec. 8-34.      Issuance of tickets.
Sec. 8-35.      Dogs on school premises.
Sec. 8-36.      Fines generally.
Sec. 8-37.      Fine for dogs biting persons.
Sec. 8-38.      Hindering enforcement.
Sec. 8-39.      Compliance no defense.
Secs. 8-40.8-49. Reserved.

Article III. Human Rights Commission
Sec. 8-50.      Public policy.
Sec. 8-51.      Definitions.
Sec. 8-52.      Establishment of a Human Rights Commission.
Sec. 8-53.      Powers.
Sec. 8-54.      Limitation of commission jurisdiction.
Sec. 8-55.      Severability.

Article IV. Historical Commission
Sec. 8-56.      Establishment of Chelsea Historical Commission.
Sec. 8-57.      Members.

Article I. General Provisions

Sec. 8-1.       Youth Commission.
        In accordance with the requirements of the City Charter, there is hereby established a Youth Commission of the city of Chelsea.

Secs. 8-2.8-9. Reserved.

Article II. Animal Control

Division 1: In General

Sec. 8-10.      Purpose.
        The purpose of this article is to protect the health, safety, welfare and property of all individuals who reside or frequent the city of Chelsea. It is further the purpose of this article to prevent the needless health hazards caused by animals, and by animal feces upon public and private properties.

Sec. 8-11.      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:
        Animal Control Ordinances shall mean this article of this chapter of the ordinances of the city of Chelsea, being section 5-1, et seq.
        Animal shelter shall mean any premises designated by the city manager for the purpose of impounding and caring for animals held under authority of this article.
        Animal control officer shall mean any person appointed by the city manager as the animal control officer or officers under the provisions of chapter 140, sections 151 and 151A, of the General Laws, and to carry out the provisions of this article. In the absence or vacancy in the office or unavailability of the control officer, the citys inspector of animals or his deputy shall perform the duties of the animal control officer.
        Dangerous dog shall mean any dog determined to be a nuisance by the chief of police, pursuant to chapter 140, section 157 of the General Laws.
        Guard dogs shall mean dogs, which meet the provisions of chapter 129, section 39B of the General Laws.
        Humane officer shall mean any person designated by the humane society as a law enforcement officer and who qualifies to perform such duties under the laws of the Commonwealth.
        Humane society shall mean any organization for the prevention of cruelty to animals incorporated under the laws of the Commonwealth.
        Owner shall mean any person, having reached the age of majority, owning, keeping or harboring dogs.
        Potentially dangerous dog shall mean:
        (l)     Any dog which according to the records of any appropriate public official, including but not limited to the animal control officer or any police officer,
        (a)     Has inflicted serious injury on a human being without provocation on public or private property; or
        (b)     Has killed a domestic animal without provocation while off the owners property; or
        (2)     Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting, or
        (3)     Any dog not owned by a government or law enforcement unit used primarily to guard public or private property; or
        (4)     Any dog which, when unprovoked, chases or approaches a person on the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack, or
        (5)     Any dog with a known propensity, tendency or disposition to attack, to cause injury, or to otherwise threaten the safety of human beings or domestic animals; or
        (6)     Any dog which on three (3) separate occasions within a twelve month period has been observed being unrestrained or uncontrolled off its owners premises by the animal control officer or other police officer, or has been impounded by the animal control officer for being unrestrained or uncontrolled off its owners premises; and
        (7)     All dangerous dogs as defined by this ordinance shall be presumed to be a nuisance and danger to the public safety for the purposes of chapter 140, section 157 of the General Laws.
        Restraint shall mean that a dog shall be deemed to be under restraint if on the premises of its owner or, if outside the premises of the owner, it is accompanied by a person who shall have the dog under control by holding it firmly on a leash.
        Serious injury shall mean any physical injury that results in broken bones or lacerations requiring multiple sutures.
        Veterinary hospital shall mean an establishment maintained and operated by a licensed veterinarian for the boarding of animals or the diagnosis and treatment of diseases and injuries of animals. (Amended 9-30-96)

Cross reference(s): Definitions and rules of construction generally, § 13.

Sec. 8-12.      Running at large prohibited.
        (a)     No person shall allow any domestic fowl, swine, goat, sheep, ox, cow, horse, or other grazing animal, owned by him or in his charge or control, to go at large or to graze in or upon any public ways, or private ways open to the public, or upon any of the parks, commons, public grounds or lands of the city whether supervised or not.
        (b)     No person shall allow any dog owned by him, or in his charge or control, to swim in a pond or pool in any of the parks or public grounds of the city, or to trample upon or injure any flower bed, flower, shrub or other property of the city in any of such parks or public grounds.
Statutory reference: Authority to prohibit grazing in streets, Mass. Gen. L. c. 85, § 10; strays generally, Mass. Gen. L. c.134.

Sec. 8-13.      Nuisances.
        No owner shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance. Excessive or untimely barking, molesting passersby, chasing vehicles, habitually attacking people or other domestic animals, trespassing upon school grounds, or trespassing upon private property in such manner as to damage property, shall be deemed a nuisance.

Statutory reference(s): Barking dogs, Mass.Gen.L. c. 140, § 157.

Sec. 8-14.      Animals suspected of being rabid.
        No police officer or other person shall kill, or cause to be killed, any animal suspected of being rabid, except after the animal has been placed in quarantine, and the diagnosis of rabies made by a licensed veterinarian. If a veterinarian diagnoses rabies in an animal in quarantine then the animal shall be humanely killed and the head of such animal sent to a laboratory for pathological examination and confirmation of diagnosis.

Sec. 8-15.      Using animals as prizes.
        No person shall give away any live vertebrate animal as a prize for or as an inducement to enter any contest, game or other competition or as an inducement to enter a place of amusement; or offer such vertebrate animal as an incentive to enter into any business agreement whereby the offer was for the purpose of attracting trade.

Sec. 8-16.      Animal waste.
        (a)     The owner of every animal shall be responsible for the removal of any fecal matter deposited by the owners animal(s) on his or her property, public walks, recreation areas or private property.
        (b)     The owner or person(s) who possess or control the animal when appearing with the animal on any public walk, street, recreation area or private property shall possess the means of removal of any fecal matter left by such animal.
        (c)     For the purposes of this ordinance, the means of removal shall include any tool, implement or other device carried for the purpose of picking up and containing such fecal matter. Disposal shall be accomplished by transporting such fecal matter to a place suitable and regularly reserved for the disposal of human fecal matter specifically reserved for disposal of human fecal matter, specifically reserved for the disposal of dog fecal matter or otherwise designated as appropriate by the director of public health. (Added 9-30-96)

Sec. 8-17.      Keeping of exotic animals.
        It shall be unlawful for anyone to own, harbor, or permit at large any live monkey, alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, poisonous snake, member of the feline species other than a domestic cat (felis domesticus), member of the canine species other than domestic dog (canis familiaris) or any other animal that would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops or domestic farm animals without the permission of the Board of Health. Such permission shall be given only if it is demonstrated to the satisfaction of the Board that the animal will not constitute a threat to public health or safety. (Added 9-30-96)

Sec. 8-18.      Seizure.
        The animal control officer shall have full authority to seize any animal pursuant to this article or who is otherwise a clear and imminent threat to the public health, welfare or safety. (Added 9-30-96)

Secs. 8-19.8-24. Reserved.

Division 2: Dogs

Sec. 8-25.      Identification tag required.
        (a)     Every owner issued a license in accordance with the provisions of chapter 140, section 137 of the General Laws for a dog owned or kept within the city will also receive an identification tag from the city clerks office.
        (b)     The identification tag shall be a durable tag stamped with an identifying number and of a particular color to signify the specific year of issuance. Tags will be so designed that they may conveniently be fastened to the dogs collar or harness. Dogs must wear identification tags at all times.
        (c)     The city clerk shall maintain a record of the identifying numbers and shall make this record available to the public.
        (d)     Any dog unrestrained and without an identification tag shall be apprehended by the animal control officer, and shall not be released until properly licensed. If not properly licensed at the expiration of ten (l0) days of confinement, such dog shall be disposed of as set forth in this article.
        (e)     This license shall not apply to a nonresident keeping a dog within the city for less than sixty (60) days.
        (f)     No person may use any license for any dog other than for the dog for which it was issued. No person shall keep or control more than three (3) dogs on a single premises.
        (g)     The city shall automatically place under review all licenses, upon application for renewal, issued to animal owners against whom three (3) or more violations of this chapter have been assessed in a twelve-month period.
        (h)     It shall be a condition of the issuance of any such license that the City or designated agents, or any special police officer appointed under chapter 127, section 10 of the General Laws, or the inspector of animals appointed under chapter 129, sections 15 and 16 of the General Laws, be permitted to inspect all animals and the premises where such animals are kept at any time, and shall, if permission for such inspections are refused, the agent shall seek a search warrant to enter and inspect the premises. (Added 9-30-96)

Sec. 8-26.      Dog owner duties.
        It shall be the duty of every owner of any dog, or anyone having any dog in his possession or custody, to exercise reasonable care and to take all necessary steps and precautions to protect other people, property and animals from injuries or damages which might result from their dogs behavior, regardless of whether such behavior is motivated by mischievousness, playfulness or ferocity.
        In the event that the owner or keeper of any dog is a minor, the parent or guardian of such minor shall be responsible for ensuring compliance with all provisions of this ordinance.
        It shall be the duty of every owner of any dog or anyone having any dog in his possession or custody, to ensure that, the dog is kept under restraint and that reasonable care and precautions are taken to prevent the dog from leaving, while unattended, the real property limits of its owner, possessor or custodian, and that:
        (l)     It is securely and humanly enclosed within a house, building, fence, pen or other enclosure out of which it cannot climb, dig, jump or otherwise escape on its own volition; and prevent the animal from gaining access to the exterior of such premises, or from reaching persons or animal from within such premises and such enclosure must be securely locked at any time the animal is left unattended; or
        (2)     It is securely and humanly restrained by chain, cable and trolley, or other tether of sufficient strength to prevent escape. For the safety of the animal, no such chain may be less than eight (8) feet in length; accordingly, if such premises are not of sufficient area to maintain the animals as aforesaid, then such premises may not be used for such purpose; or
        (3)     It is on a leash, not longer than five (5) feet strong enough to restrain and control the movements of said dog and under the control of a responsible and competent person. (Added 9-30-96)

Sec. 8-27.      Curbing of dogs.
        (a)     Any dog which scratches, digs, urinates or defecates upon any lawn, tree, shrub, plant, building, sidewalk or any other public or private property, other than the property of the owner or person in charge or control of such dog, is declared to be a nuisance.
        (b)     No person being the owner in charge or control of any dog shall allow or permit such animal to commit a nuisance on any school grounds, city park or other public property, or upon any private property other than that of the owner or person in charge or control of such dog, without the permission of the owner of such property.
        (c)     Where the owner or person in charge or control of such dog immediately removes all feces deposited by such dog and disposes of such in a sanitary manner, such nuisance shall be considered abated.

Sec. 8-29.      Female dogs in heat.
        Every dog in heat shall be confined in a building or secure enclosure in such a manner that such dog cannot come into contact with another animal except for planned breeding.
        If the animal control officer determines that a dog in heat, even when properly confined, is attracting other dogs to the area, which causes disturbance or damage to neighboring property or public areas, the dog may be impounded for the duration, in accordance with section 8-31, and shall be released to the owner or keeper upon compliance with the provisions of section 8-32.

Sec. 8-29.      Impoundment, seizure and quarantine.
        (a)     Any dog may be immediately confiscated by the animal control officer if the owner, keeper or possessor has not complied with the requirements of this article. Such animal shall be kept by the animal control officer, pending a hearing before the chief of police, or his designee, and such further disposition or relief as he may order.
        (b)     Potentially dangerous dogs shall be immediately confiscated by the animal control officer and a hearing pursuant to chapter 140, section 157 of the General Laws shall be scheduled in due course.
        (c)     Any dog which bites a person shall be quarantined for ten (l0) days if so ordered by the inspector of animals. During quarantine the dog shall be securely confined, and kept from contact with any other animal. At the discretion of the inspector of animals, the quarantine may be on the premises of the owner. If the inspector of animals requires other confinement, the owner shall surrender the animal for the quarantine period to an animal shelter or shall, at his own expense, place it in a veterinary hospital.
        (d)     The animal control officer shall file a verified report of any dog having attacked or bitten any person with the city clerk for filing and such dog shall not be reregistered in the city unless the owner is in full compliance with this article.
        (e)     Unrestrained dogs, females in heat, dogs found to be disturbing the peace, or dogs having bitten or injured any domestic animal may all be taken by police, or the animal control officer and impounded in an animal shelter, and there confined in a humane manner. Such impounding facility shall be available for inspection at specified periods of time by persons seeking lost dogs which may have been impounded.
        (l)     If by an identification tag or by other means the owner can be identified, the animal control officer shall immediately upon impoundment notify the owner of the impoundment of the animal.
        (2)     Impounded dogs shall be kept for ten (l0) days, unless reclaimed by their owners. Dogs not claimed by their owners within ten (l0) days, or placed in suitable new homes, may be humanely euthanized by the animal control officer or by an agency delegated by him to exercise that authority. (Added 9-30-96)

Statutory reference-Mass.Gen.L. c. 140, § 151A.

Sec. 8-30.      Dangerous dogs regulation.
        (a)     There shall be a total ban of dangerous dogs anywhere within the city excepting a dangerous dog kept in accordance and pursuant to an order of the chief of police.
        (b)     The owner of any dangerous dog, if said animal is found on property not owned or controlled by its owner, or not restrained in a secure area as per this division of chapter eight of these ordinances, shall be subject to a fine of ($l00.00) and aid animal shall be forever banned from within the limits of the city.
        (c)     Subsequent to a hearing by the chief of police, carried out in conformance with the provisions of chapter 140, section 157 of the General Laws, the chief may order such animal disposed of, forever banned from with the limits of the city or may order the dog restrained in accordance with section 8-31.
        (d)     As part of any order of the chief of police issued pursuant to such a hearing, the chief of police shall also be authorized to order the following administrative sanctions and remedies:
        (l)     Obedience training for the dog in question;
        (2)     Reduction of the number of animals kept any one location;
        (3)     Any other measure or sanction designed to eliminate a violation, prevent future violations, or protect the health and safety of the public.
        (e)     Any person having knowledge which he or she believes constitutes probable cause to believe that another is harboring, keeping or maintaining a dangerous or vicious dog which is not registered with and licensed by the city in accordance with this article, shall file with the animal control officer or the police department a sworn affidavit setting forth the basis on which they believe the animal to be a dangerous dog, the name and address of the owner of the dog, and a description of the dog. The animal control officer or the police department shall, upon the receipt of such an affidavit, inquire of the city clerk if the dog is currently registered as a dangerous dog pursuant to this ordinance. If the dog is not registered, the city clerk shall notify the police department of this fact and the police department shall notice shall include the requirement that owner shall bring the potentially dangerous dog to the veterinarian stated in the aforementioned notice for inspection to determine whether this dog is a dangerous dog by definition as set forth in sections 8-11. (Added 9-30-96)

Sec. 8-31.      Restraint of dangerous dogs.
        The chief of police, pursuant to a hearing, may determine any dog to be a nuisance and may make such order concerning the restraint or disposal of such dog as may be deemed necessary. Any restraint order issued by the chief shall comply with the following regulations:
        (a)     No person shall allow or suffer any dog to be anywhere except within or upon the principal and usual residential premises of the person to whom such animal is registered as required by law.
        (b)     While on the premises of the person to whom such dog is registered as required by law, be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure must have a minimum dimensions of five feet (5') by ten feet (l0') and must have secure sides and a secure top. If it has no bottom secured to the sides, the sides must be embedded into the ground no less than two feet (2'). The enclosure must also provide protection from the elements for the dog.
        (c)     The person to whom such dog is registered as required by law shall display a sign on his or her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public street or way. In addition, the owner shall conspicuously display a sign with a symbol warning children of the presence of a dangerous dog.
        (d)     Such a dangerous dog may be beyond such premises for the purposes of transport of the animal for medical or veterinary care. In such instance the animal must be securely muzzled and restrained by a leash or chained not exceeding five feet (5') in length, at all such times appropriate care, precaution and security must be maintained to preclude and prevent the animal from gaining access to the exterior of any transport utilized or from reaching persons or animal from within such transport.
        (e)     Such animal may be beyond such premises for the purpose of transport of the animal permanently out of the limits of the City of Chelsea. In such instance, the procedure for such animal provided in subsection (d) shall be employed. (Added 9-30-96)

Sec. 8-32.      Release of impounded dogs.
        An impounded dog shall be released to its owner or keeper upon payment of the impounding facility fees and on the following additional conditions, as the animal control officer deems each or any applicable:
        (a)     Upon the obtaining or display of a valid, unexpired license and evidence of a current antirabies vaccination as required by law.
        (b)     Upon the agreement of the owner or keeper to undertake such restrictions or control of the animal as the dog officer shall require for the health and safety of the dog and the public.
        (c)     In addition to the impounding facility fees, pay or reimburse the city for all costs, expenses or charged incurred under this article and agree to indemnify and hold it harmless for all damage done by or to said dog.

Statutory reference: Mass.Gen.L. c. 140, § 137.

Sec. 8-33.      Sale or disposition of dogs held by city for purpose of experimentation or vivisection prohibited.
        All dogs kept in restraint by the animal control officer in the city dog pound shall not be sold or given away for the purpose of experimentation or vivisection.

Sec. 8-34.      Issuance of tickets.
        The animal control officer, and police officers of the city of Chelsea are empowered to issue tickets for violations of the provisions of the this article.

Sec. 8-35.      Dogs on school premises.
        The owner or anyone having any dog in his possession or custody of any dog shall not allow his dog to be upon any school grounds between the hours of 7:00 a.m. to 5:00 p.m. on any day that such schools are in session. (Amended 9-8-97: added 9-30-96)

Sec. 8-36.      Fines generally.
        Any person violating any provision of this article shall be deemed guilty of a violation and shall be subject to a criminal fine, for offenses within a calendar year, of twenty-five dollars ($25.00) for the first offense, fifty dollars ($50.00) for the second offense, and seventy-five dollars ($75.00) for the third offense and each subsequent offense, and shall in all other respects be subject to the provisions of section 1-7.

Sec. 8-37.      Fine for dogs biting persons.
        Any owner of a dog which has bitten a person shall be subject to a criminal fine of fifty dollars ($50.00) for the first offense, seventy-five dollars ($75.00) for the second offense, and one hundred dollars ($100.00) for the third and all subsequent offenses, and shall in all other respects be subject to the provisions of section 1-7. If any violation be continuing, each days violation shall be deemed a separate violation.

Sec. 8-38.      Hindering enforcement.
        Any animal control officer shall have police power in the enforcement of this article. No person shall interfere with or hinder, molest or abuse any animal control officer in the exercise of such powers.

Sec. 8-39.      Compliance no defense.
        Compliance with the requirements of this division shall not be a defense to an order of disposal of a dog pursuant to chapter 140, section 157 of the General Laws. (Added 9-30-96)

Secs. 8-40.8-49. Reserved.

Article III. Human Rights Commission

Sec. 8-50.      Public policy.
        (a)     It is hereby declared to be the public policy of the city of Chelsea to protect the constitutional, civil, and human rights of all people within the city, to promote understanding among individuals and groups in the city through improving the quality of discourse and eliminating unlawful discrimination; and to see that each person regardless of race, color, religious creed, national origin, sex, age, disability, veteran status, ancestry, sexual orientation, or public benefit status shall have equal opportunity in or access to employment, housing, education and public accommodation; and equal access to and benefit from public services.
        (b)     It is a violation of this ordinance to commit an unlawful discrimination practice.

Sec. 8-51. Definitions.
        For the purpose of this article, the definitions as set out in chapter 151B, section 1 of the General Laws are hereby incorporated by reference, with the exception of the following terms:
        (a)     Disability shall mean and include:
        (1)     having a physical or mental impairment that substantially limits one or more of the major life activities of the individual;
        (2)     having a record of such an impairment; or
        (3)     being regarded as having such an impairment.
        (b)     Household shall mean and include:
        (1)     Two (2) or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants; and
        (2)     To (2) or more persons living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage.
        (c)     Unlawful discrimination practice shall mean and include discrimination against any person as to employment, housing, education, public accommodations, public services or other opportunities, because of race, color, religious creed, national origin, sex, age, disability, veteran status, ancestry, sexual orientation, or public benefit status.

Statutory reference: Americans with Disabilities Act (1990), 42 USC § 12102(3), Mass.Gen.L. c. 151B.

Sec. 8-52.      Establishment of a Human Rights Commission.
        (a)     There shall be in the city of Chelsea, a human rights commission known as the Chelsea Human Rights Commission, hereinafter referred to as the Commission.
        (b)     All personnel necessary to staff the department shall be appointed in accordance with the provisions of the City Charter.

Sec. 8-53.      Powers.
        The function of the commission shall be to implement the policies of this article by the exercise of the following powers and duties:
        (a)     to initiate hearings or other activities designed to educate and inform the city and the residents thereof about the effects of prejudice, intolerance and bigotry including but not limited to analyzing the problems of discrimination in the City, issuing publications, results of research and making recommendations to the city manager and the city council as, in his judgment, will promote good will and minimize or eliminate prejudice, intolerance, bigotry and discrimination;
        (b)     to initiate investigations into the existence of unlawful discrimination in the city which may deny or tend to deny equal access to or opportunity in housing, employment, education, and public accommodations, services and facilities to a person or group because of their race, color, religious creed, national origin, sex, age, disability, veteran status, ancestry, sexual orientation, or public benefits status, provided that cases alleging discrimination on the part of the city, its officers or employees will be transferred within seven days to the Massachusetts Commission against Discrimination, and notice of such transmittal shall be given to the complainant within a similar time;
        (c)     to issue, on its own behalf, a complaint, upon reasonable belief that a person has engaged in an unlawful discriminatory practice;
        (d)     to conduct hearings, subpoena witnesses, compel their attendance, including but not limited to filing enforcement, and contempt proceedings with the Superior Court, administer oaths, take the testimony of any person under oath and in connection therewith to require the procurement of any documents, books, papers, or evidence relating to any matter in question or under investigation by the Commission;
        (e)     to attempt by mediation to resolve any matter over which it has jurisdiction, and after investigation of any matter not resolved by mediation to make written report of its findings and recommendations to the city manager on any matter within his jurisdiction for his review and for the implementation by him of such of the recommendations of the Commission as the city manager deems justified; or, similarly, to the school committee on any matter within its jurisdiction, or the Massachusetts Commission Against Discrimination (MCAD) on any matter within its jurisdiction over the matter in question, and in all cases, urging, and using its best efforts bring about, compliance with its recommendations, provided that complainants shall be informed that any mediation services provided by the Commission will not legally toll any applicable statute of limitations for a claim of discrimination or violation of civil rights;
        (f)     the city, acting through the Commission, reserves the right to charge the parties, as the Commission sees fit, reasonable fees for the purposes of mediation, and all related activities;
        (g)     to adopt, promulgate, amend and rescind rules and regulations to carry out the policies and provisions of this article, and the policies and practice of the Commission in connection therewith;
        (h)     to obtain upon request and utilize the services of all municipal departments and agencies, unless prohibited by law, in order to effectuate the policy of this ordinance. To work with the municipal government agencies to increase compliance with local, state and federal laws and to raise the level of awareness and sensitivity to human and civil rights through workforce-wide required training programs;
        (i)     to expend, with the approval of the city manager, such funds as are appropriated for the aforementioned purposes. The commission shall annually prepare an operating budget in timely manner;
        (j)     to enter into such agreements with the MCAD which shall be constant with the purposes of this article, with the approval of the city manager;
        (k)     to render to the city manager and city council a full written report of its activities and of its recommendations at least once a year.

Sec. 8-54.      Limitation of commission jurisdiction.
        The Commission, being itself an established agency of the city, shall not exert, nor attempt to exert jurisdiction over allegations of discrimination made against the city, its officers or employees.

Sec. 8-55.      Severability.
        The provisions of this article are severable, and if any of these provisions shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.

Article IV. Historical Commission

Sec. 8-56.      Establishment of Chelsea Historical Commission.
        The Chelsea historical commission is hereby established in accordance with the provisions of section 8D of Chapter 40 of the general Laws, for the preservation, promotion and development of the historical assets of the city of Chelsea. (Added 6-8-98)

Sec. 8-57.      Members.
        The Chelsea historical commission shall consist of seven (7) members appointed by the city manager, in accordance with Chapter 103 of the Acts of 1994, serving for terms of three (3) years, except that the initial appointment shall be two (2) members for one (1) year, two (2) members for two (2) years, and three (3) members for three (3) years. The commission shall comply with and be subject to all rules and regulations of multiple-member bodies, as set forth in the Administrative Code of the city of Chelsea. (Added 6-8-98)

Chapter 9  LICENSED ACTIVITIES

Sections:
Article I. General Provisions
Sec. 9-1.       Establishment of licensing commission.
Sec. 9-2.       Licenses may be revoked at any time.
Sec. 9-3.       Delivery of milk and bread.
Sec. 9-4.       Prohibited conduct in certain establishments.
Sec. 9-5.       Taxicab stands.
Sec. 9-6.        Prohibition of unlicensed operation of taxicabs.
Sec. 9-7.       Notice of all revocation, modification or suspension hearings.
Sec. 9-8.       Operating hours of retail food establishments.
Secs. 9-9.9-24. Reserved.

Article II. Transient Vendors
Sec. 9-25.      Definitions.
Sec. 9-26.      License required, fee.
Sec. 9-27.      Expiration of license.
Sec. 9-28.      Special license relating to transient sales for charitable purposes.
Sec. 9-29.      Licenses of transient vendors to be shown on demand.
Sec. 9-30.      Responsibility for obtaining and maintaining all other relevant licenses, permits, seals, etc.
Sec. 9-31.      Revocation of license.
Sec. 9-32.      Bond or insurance required.
Sec. 9-33.      Age requirement.
Sec. 9-34.      Subject to further restrictions.
Sec. 9-35.      Waiver of fees.
Sec. 9-36.      Penalties.
Sec. 9-37.      Interpretation of article.
Secs. 9-38.9-49. Reserved.

Article III. Open Air Vending of Goods, Wares and Merchandise From One Location
Sec. 9-50.      Purpose, definitions.
Sec. 9-51.      License required, fee.
Sec. 9-52.      Expiration of license.
Sec. 9-53.      Special license relating to transient sales for charitable purposes.
Sec. 9-54.      Licenses of open air vendors to be shown on demand.
Sec. 9-54.1     Responsibility for obtaining and maintaining all other relevant licenses, permits, seals, etc.
Sec. 9-55.      Revocation of license.
Sec. 9-56.      Bond or insurance required.
Sec. 9-57.      Age requirement.
Sec. 9-58.      Subject to further restrictions.
Sec. 9-59.      Waiver of fees.
Sec. 9-60.      Penalties.
Sec. 9-61.      Exemptions.
Sec. 9-62.      Sidewalk sales.
Sec. 9-63.      Interpretation of article.
Secs. 9-64.9-69. Reserved.

Article IV. Hawkers And Peddlers
Sec. 9-70.      Definitions.
Sec. 9-71.      Sale of certain goods require license from Commonwealth and certificate of registration from City.
Sec. 9-72.      No fee required for sale of certain goods.
Sec. 9-73.      Sale of certain goods prohibited.
Sec. 9-74.      Sale of certain goods require either a state or municipal license.
Sec. 9-75.      Special license relating to sale of articles for charitable purposes.
Sec. 9-76.      Times restricted for street sales.
Sec. 9-77.      Sale of merchandise from vehicles standing in streets prohibited.
Sec. 9-78.      Vehicles and receptacles used.
Sec. 9-79.      Noise-making control.
Sec. 9-80.      License and/or certificate of registration of hawkers and peddlers to be shown on demand.
Sec. 9-81.      Age requirement.
Sec. 9-82.      Subject to further restrictions.
Sec. 9-83.      Waiver of fees.
Sec. 9-84.      Penalties.
Sec. 9-85.      Bond or insurance required.
Sec. 9-86.      Interpretation of article.
Secs. 9-87.9-99. Reserved.

Article V. Door to Door Solicitors
Sec. 9-100.     Definitions.
Sec. 9-101.     Application for license.
Sec. 9-102.     Photograph required.
Sec. 9-103.     Issuance of license; fee.
Sec. 9-104.     Notification of changes to police.
Sec. 9-105.     License not to constitute endorsement.
Sec. 9-106.     Posted premises.
Sec. 9-107.     Prohibited activities.
Sec. 9-108.     Constitution of nuisance.
Sec. 9-109.     Denial of license.
Sec. 9-110.     Revocation of license.
Sec. 9-111.     Reserved.
Sec. 9-112.     Exemptions.
Sec. 9-113.     Violations and penalties.
Sec. 9-114.     Severability.
Sec. 9-115.     Bond or insurance required.
Secs. 9-116.9-124. Reserved.

Article VI. Junk Dealers
Sec. 9-125.     License.
Sec. 9-126.     Records to be kept.
Sec. 9-127.     Sign to be displayed.
Sec. 9-128.     Examination of shops, articles by city.
Sec. 9-129.     Purchases from minors.
Sec. 9-130.     Retention period for purchases.
Sec. 9-131.     Location of shops, stores, etc.
Sec. 9-132.     Condition of premises; manner of keeping clothing.
Sec. 9-133.     Storage of old rags overnight prohibited.
Sec. 9-134.     Licensing of vehicles.
Sec. 9-135.     Copy of article to be printed in license.
Secs. 9-136.9-149. Reserved.

Article VII. Pawnbrokers and Precious Metal Dealers
Sec. 9-150.     Licenses required.
Sec. 9-151.     Modification, suspension and revocation of license.
Sec. 9-152.     Records to be kept.
Sec. 9-153.     Purchases to be held for thirty days.
Sec. 9-154.     Business to be carried on in place named in license.
Sec. 9-155.     Scales and weights to be tested and sealed.
Sec. 9-156.     Penalty.
Secs. 9-156.9-169. Reserved.

Article VIII. Motor Vehicle Storage Licensing
Sec. 9-170.     Definitions.
Sec. 9-171.     License required.
Sec. 9-172.     Application.
Sec. 9-173.     Application approval procedure for a license(s).
Sec. 9-174.     Issuance of license(s).
Sec. 9-175.     Period of license; renewal procedure.
Sec. 9-176.     License fees due and payable upon issuance.
Sec. 9-177.     License not transferable.
Sec. 9-178.     Other businesses and activities.
Sec. 9-178.1    Inspection.
Sec. 9-179.     Revocation and suspension of license.
Sec. 9-180.     Hearing for aggrieved persons.
Sec. 9-181.     Validity.

Sec. 9-182.     Separability.
Secs. 9-183.9-200. Reserved.

Article I. General Provisions

Sec. 9-1.       Establishment of licensing commission.
        (a)     There is hereby established in the city of Chelsea, a licensing commission, in accordance with the provisions of the City Charter. Unless otherwise provided by the City Charter, the licensing commission shall act as the licensing authority for the city with all power to grant, suspend, or revoke licenses and permits for intoxicating liquors, and all licenses and permits now or hereafter vested by law in the mayors and city councils of cities of the commonwealth.
        (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 licensing commission, subject to the approval of the city manager, may establish such fees as are deemed necessary and reasonable for all licenses within their jurisdiction and control. A copy of the current fee schedule shall be placed on file in the city clerks office by the chairman of the licensing commission. Such fee schedule shall be open for public inspection at the office of the city clerk during the regular business hours of city hall. (Amended 3-10-97)

Sec. 9-2.       Licenses may be revoked at any time.
        Any license or permit which may be granted under the provisions of the charter, state law or this code may be revoked, modified, or annulled at anytime by the officer, agency, board or commission authorized to grant such license, or permit without notice; and no license or permit granted under any ordinance, nor any thing done nor right acquired by virtue of the same, shall entitle any person to a continuance of such license, permission, nor thing done nor right acquired.
        Nothing contained in this section shall be construed so as to be in conflict with state or federal law.

Cross reference: revocation for failure to pay fees, taxes, etc. sec. 3-6.

Sec. 9-3.       Delivery of milk and bread.
        The delivery of milk and bread to stores is allowable between the hours of 10:00 p.m. to 12:00 midnight. Permission for such delivery between such hours shall be granted by the chief of police upon request of the business establishment. The chief of police shall not grant this permission of delivery, if in his judgment a nuisance shall be created, and the chief of police shall withdraw such permission if in his judgment a nuisance is created by such delivery or if requested to do so by the city council.

Sec. 9-4.       Prohibited conduct in certain establishments.
        (a)     In accordance with chapter 140, section 181 or section 183A of the General Laws the following acts are deemed contrary to the public need and to the common good;
        (1)     It is forbidden to employ or permit any person in or on the licensed premises while such person is unclothed or in such attire as to expose to view any portion of the areola of the female breast or any portion of the pubic hair, cleft of the buttocks, or genitals.
        (2)     It is forbidden to employ or permit any hostess or other person to mingle with the patrons while such hostess or other person is unclothed or in such attire as described in subsection (a)(1) of this section.
        (3)     It is forbidden to encourage or permit any person in or on the licensed premises to touch, caress, or fondle the breasts, buttocks, or genitals of any other person.
        (4)     It is forbidden to employ or permit any person to wear or use any device or covering exposed to view which simulate the breasts, buttocks, pubic hair, or genitals or any portions thereof.
        (5)     It is forbidden to employ or permit any person in or on the licensed premises to perform any act or acts, or to simulate the act or acts, of:
        a.      Sexual intercourse, masturbation, sodomy, flagellation, or any sexual acts
prohibited by law; or
        b.      Touching, caressing, or fondling of the breasts, buttocks, or genitals of another.
        (6)     It is forbidden to employ or permit any person in or on the licensed premises to show motion picture films, video cassettes, still pictures, or other photographic reproductions depicting any of the acts, or any simulation of any of the acts, prohibited in subsections (a)(1)-(6).
        (b)     No license shall be held for the sale of alcoholic beverages to be served and consumed on the licensed premises where such acts or conduct in violation of the above provisions are permitted.
        (c)     Notwithstanding any of the provisions of this ordinance, no person duly licensed by the licensing board for the city under chapter 140, section 181, or 183A, or chapter 138, sections 1, 12, or 23 of the General Laws shall employ, use the services of, or permit upon this licensed premises any employee, entertainer, or other person who by his or her attire or conduct violates any general laws, special act, or ordinance of the city.
        (d)     No original license shall be granted unless the petitioner has conformed to the rules and regulations of the licensing commission pertaining to the granting of such license.

Sec. 9-5.       Taxicab stands.
        (a)     The traffic commission shall designate the locations of all taxicab stands in the city, and the number of taxicabs specified for each location. The traffic commission may impose such conditions on the place, time, and use of such locations as they deem necessary for public safety and convenience.
        (b)     No person shall use or occupy any portion of a designated taxicab stand, without a license granted by the licensing commission in accordance with their rules and regulations. No license shall be granted except upon the prior payment of all appropriate fees.
        (c)     No person shall park a vehicle other than a taxicab upon any street in any taxicab stand.
        (d)     No person shall park a taxicab at a designated taxicab stand except in conformance with the provisions of this ordinance. Failure to conform to such conditions shall be grounds for immediate revocation of the taxicab stand license issued by the licensing commission.
        (e)     No person shall park a taxicab upon any street at any place other than the taxicab stand or stands designated for the use of his taxicab, except while engaged or while waiting for an opportunity to use a taxicab stand designated for his use.
        (f)     The licensing commission may revoke, change, or modify any taxicab stand license, after reasonable notice and a public hearing upon the issue.

Sec. 9-6.        Prohibition of unlicensed operation of taxicabs.
        (a)     No person shall operate a hackney, taxicab or other passenger vehicle for a fee or hire for the purpose of transporting, soliciting, or the picking up of a passenger or passengers unless said person is validly licensed as a taxicab driver, operating a validly licensed taxicab.
        (b)     No person shall own or operate a taxicab business in the city of Chelsea without the proper licenses required by the licensing commission.
        (c)     Any police officer witnessing a violation of this ordinance shall be authorized pursuant to chapter 40, section 21 of the General Laws to arrest the violator and to seize the evidence of said violation, including but not limited to meters, whether mechanical or electrical for the computation of fares based upon mileage or pre-determined periods of time, and the vehicle used.
        In the event of such a seizure for evidence by a Chelsea police officer incident to such arrest, such evidence shall be inventoried and held by the Chelsea police department or its agents, and shall be fully accounted for in any trial or other court proceeding. Upon final disposition all such property shall be disposed of as the court determines, and may be returned, forfeited, sold or destroyed in the discretion of the court.
        (d)     Any person who is found guilty of violating any of the provisions of this ordinance shall be liable for a criminal fine of not less than two hundred dollars ($200.00) and 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 the city proceeds by non-criminal disposition, and the violator fails to follow the procedures and requirements of chapter 40, section 21D, such outstanding fines shall be recoverable by indictment or on criminal complaint pursuant to chapter 40, section 21 of the General Laws.

Sec. 9-7.       Notice of all revocation, modification or suspension hearings.
        Notice of any hearing for revocation, modification or suspension of a license granted by the licensing commission shall be in writing and shall specify the grounds of complaint, and the time and place of the hearing. Except as otherwise provided herein or by General Law, notice thereof shall be given by the licensing commission to the holder of the license in person or by certified U.S. mail addressed to his or her resident address, as set forth in the pertinent application. (Added 3-10-97)

Sec. 9-8.       Operating hours of retail food establishments.
        (a)     No establishment engaged in the sale of food at retail shall unless granted permission by the licensing commission remain open for the transaction of regular business between the hours of 12 a.m. and 5 a.m.
        (b)     As used in this ordinance, the term food shall include any article or commodity, however stored or packaged, intended for human consumption off the premises.
        (c)     The licensing commission may issue a permit for the purpose of allowing an establishment to conduct business at retail between the hours of 12 a.m. and 5 a.m., if in their opinion the public convenience will be served.
        (d)     A permit may be granted after a public hearing called for that purpose, which has been advertised twice in two consecutive weeks in a newspaper of general circulation in the city.
        (e)     Any permit granted under the provisions of this ordinance shall contain such terms and conditions as the licensing commission shall specify.
        (f)     Any permit granted under the provisions of this ordinance shall expire annually on the fifteenth day of May, unless sooner revoked, suspended or renewed.
        (g)     No permit shall be modified, suspended or revoked until a public hearing has been held upon issue. Such hearing shall be called in a like manner to that pertaining to the original issuance of the permit.
        (h)     Every establishment currently engaged in the sale of food at retail shall be considered as having been granted special permission by the licensing commission, as provided by this ordinance, until May 15, 1995, unless the licensing commission determines otherwise. The licensing commission may, however, specify terms and conditions under which such permission shall continue.

Secs. 9-9.9-24. Reserved.

Article II. Transient Vendors

Sec. 9-25.      Definitions.
        As used in this section the following words and phrases have the meanings ascribed to them in this subsection:
        Transient vendor shall mean any person who engages in a temporary or transient business selling goods, wares or merchandise, either in one locality or in traveling from place to place.
        Temporary or transient business shall mean any exhibition and sale of goods, wares or merchandise which is carried on in any tent, booth, building or other structure, unless such place is open for business during usual business hours for a period of at least twelve consecutive months.

Statutory reference-Transient vendors, Mass. Gen. L. c. 101, §§ 1-12A.

Sec. 9-26.      License required, fee.
        (a)     Every transient vendor, before making any sale of goods, wares or merchandise in the city, shall apply to the licensing commission for a license and shall accompany such application with a license fee which shall apply to all applicants.
        (b)     No license shall be granted under this section until the applicant has compiled with the provisions of Massachusetts General Laws chapter 101, section 3, and has exhibited to the city clerk a license issued by the director of standards of the Commonwealth.
        (c)     If, after review of said application, it appears that the applicant is a person of good repute as to morals and integrity and he is a person of responsibility and business acumen, the licensing commission may authorize the city clerk to issue a city license to the applicant. Upon order of the licensing commission and proof of payment of all license fees the city clerk shall issue the city license endorsed upon the state license local license fees paid and shall affix thereto his official signature and date of such endorsement.

Statutory reference-Mass. Gen. L. c. 101, §§ 5, 8.

Sec. 9-27.      Expiration of license.
        The city transient vendor license shall remain in force so long as the licensee shall continuously keep and expose for sale such stock of goods, wares and merchandise but not later than the first day of September following its date of issue.

Statutory reference-Term of local license, Mass.Gen.L. c. 101, § 5.

Sec. 9-28.      Special license relating to transient sales for charitable purposes.
        The licensing commission may, under such conditions as they may deem proper, grant to any organization engaged in charitable work, or to a post of any incorporated organization of veterans who served in
the military or naval service of United States in time of war or insurrection, a special license authorizing it, for particular time period to be stated in such license, and for a charitable purpose stated in such license, to conduct under their control a temporary of transient business, provided that no person under sixteen (16) years of age shall be accredited as an agent of the license holder. The exercise of the license hereby provided for shall be subject to, and in conformity with the provisions of all statutes, ordinances, rules and regulations not inconsistent herewith.

Statutory reference-Mass.Gen.L. c. 101, § 12A.

Sec. 9-29.      Licenses of transient vendors to be shown on demand.
        Every transient vendor shall exhibit his state and city licenses when the same are demanded of him by an inspector of the city of Chelsea, or a police officer of the city of Chelsea.

Sec. 9-30.      Responsibility for obtaining and maintaining all other relevant licenses, permits, seals, etc.
        Should a license be issued pursuant to this article, the licensee shall be responsible for obtaining and maintaining any and all other relevant licenses, permits and seals issued by a department, board, commission or officer of the city of Chelsea.

Sec. 9-31.      Revocation of license.
        Any transient vendor license granted by the licensing commission may be revoked by the licensing commission for cause after reasonable notice to the licensee and a public hearing upon the grounds for revocation.

Sec. 9-32.      Bond or insurance required.
        No transient vendor shall sell goods, wares or merchandise in the city unless such transient vendor has posted a bond with the city clerk in an amount to be determined by the city manager, sufficient to protect the city against any suit, action or proceeding in which the city may be a party as a result of any act or failure to act on the part of such transient vendor while operating within the territorial limits of the city. Said bond, specified above shall be subject to the approval of the city manager and shall be in a form approved by the city solicitor.
        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. 9-33.      Age requirement.
        No person under sixteen (16) years of age shall be granted, nor shall receive, a license as a transient vendor. 

Sec. 9-34.      Subject to further restrictions.
        The terms of every transient vendor license issued pursuant to this article shall be subject to such further restrictions and regulations as the licensing commission shall impose.

Sec. 9-35.      Waiver of fees.
        For charitable organizations only, the licensing commission may waive in whole or in part any and all fees required by this article.

Sec. 9-36.      Penalties.
        Any transient vendor who violates any provision of this article shall be liable to a penalty in accordance with section 1-7, or be subject to arrest as provided for in chapter 101, section 32 of the General Laws.

Sec. 9-37.      Interpretation of article.
        Nothing in this article shall be construed as conflicting with any license issued under the laws of the Commonwealth.

Secs. 9-38.9-49. Reserved.

Article III. Open Air Vending of Goods, Wares and Merchandise From One Location

Sec. 9-50.      Purpose, definitions.
        (a)     The purpose of this article is to license and regulate the open air, temporary sale of goods, wares and merchandise, from one location in the city. Any person duly licensed pursuant to chapter 101 of the General Laws, or other provisions of this chapter of the ordinances, who is carrying on business in a manner consistent with said license, shall not be subject to the licensing requirements of this article.
        (b)     As used in this article, the terms goods, wares or merchandise shall include, but not be limited to, consumer goods, home furnishings, novelty items, clothing, shoes, sports memorabilia, trees, Christmas trees, wreaths, plants, flowering plants, cut flowers and food of any kind.

Sec. 9-51.      License required, fee.
        (a)     No person, whether principal or agent, shall, on a temporary basis, offer for sale, expose for sale, or sell any goods, wares or merchandise, in any open area, alley, lot located in the city or adjacent to any street, or way of the city unless such person has first obtained a license therefor from the licensing commission. Said license shall be known as a city open air vending license.
        (b)     In order to receive such a license, the applicant must submit written consent to its issuance on the part of the owner or owners of the premises on which or in front of which the applicant desires to carry on business and of the ground floor of such premises. Said owners or tenants shall not demand or accept consideration for such grant of approval. Evidence of the granting or receipt of such consideration shall be grounds for immediate revocation of such license. The property owner may obtain legally negotiated rent from a license holder operating on his premises. When the exercise of the license will occur on or in front of premises owned by the city, the owners consent herein provided for may be given by the department having charge of the premises. For the purposes of this license, unless otherwise provided for by the city manager, the department of municipal inspections shall be deemed to have charge of municipal sidewalks, and the department of public works shall be deemed to have charge of the public ways.
        (c)     Whenever the license is intended to be exercised on public property, including but not limited to public ways, sidewalks, and parks, the city manager may make and collect an additional charge as rent, unless the licensee is the tenant of the ground floor of the premises in front of which the location for vending has been granted, and the character of the merchandise the licensee is selling under the license is essentially the same as that being sold within the ground floor of those premises. Rental rates shall be determined annually by the city manager.

Sec. 9-52.      Expiration of license.
        The city open air vendor license shall remain in force for a specified period of time, indicated on the license, but not later than the first day of September following its date.

Sec. 9-53.      Special license relating to transient sales for charitable purposes.
        The licensing commission may, under such conditions as they may deem proper, grant to any organization engaged in charitable work or to a post of any incorporated organization of veterans who served in the military or naval service of United States in time of war or insurrection, a special license authorizing it, for particular time period to be stated in such license, and for a charitable purpose stated in such license, to conduct under their control a temporary of transient business, provided that no person under sixteen (16) years of age shall be accredited as an agent of the license holder. The exercise of the license hereby provided for shall be subject to, and in conformity with the provisions of all statutes, ordinances, rules and regulations not inconsistent herewith.

Cross reference-Door-to-door solicitors, sec. 9-100 et seq.
Statutory reference-Mass.Gen.L. c. 101, § 12A.

Sec. 9-54.      Licenses of open air vendors to be shown on demand.
        Every city open air vendor shall exhibit his state and city licenses when the same are demanded of him by an inspector of the city of Chelsea, or a police officer of the city of Chelsea.

Sec. 9-54.1     Responsibility for obtaining and maintaining all other relevant licenses, permits, seals, etc.
        Should a license be issued pursuant to this article, the licensee shall be responsible for obtaining and maintaining any and all other relevant licenses, permits and seals issued by a department, board, commission or officer of the city of Chelsea.

Sec. 9-55.      Revocation of license.
        Any city open air vendor license granted by the licensing commission may be revoked by the licensing commission for cause after reasonable notice to the licensee and a public hearing upon the grounds for revocation.

Sec. 9-56.      Bond or insurance required.
        No city open air vendor shall sell goods, wares or merchandise in the city unless such open air vendor has posted a bond with the city clerk in an amount to be determined by the city manager, sufficient to protect the city against any suit, action or proceeding in which the city may be a party, as a result of any act or failure to act on the part of such transient vendor while operating within the territorial limits of the city. Said bond specified above shall be subject to the approval of the city manager and shall be in a form approved by the city solicitor.
        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. 9-57.      Age requirement.
        No person under sixteen (16) years of age shall be granted, nor receive a license as an open air vendor.

Sec. 9-58.      Subject to further restrictions.
        The terms of every open air vendor license issued pursuant to this article shall be subject to such further restrictions and regulations as the licensing commission shall impose.

Sec. 9-59.      Waiver of fees.
        For charitable purposes, and events organized under the auspices of recognized business associations, the licensing commission may waive in whole or in part any and all fees required by this article.

Sec. 9-60.      Penalties.
        Any open air vendor who violates any provision of this article shall be liable to a penalty in accordance with section 1-7, or be subject to arrest as provided for by chapter 101, section 32 of the General Laws.

Sec. 9-61.      Exemptions.
        (a)     The provisions of this article shall not apply to residential yard sales, provided that only two (2) such yard sales shall occur per year on a single parcel of land, that it be for the benefit of the tenant(s), owner(s) or occupant(s) of the parcel, that the items set out for sale shall all have been previously owned by the tenant(s), owner(s) or occupant(s), that the yard sale occur exclusively upon the parcel and not upon any way, street or sidewalk.
        (b)     Persons found to be in violation of this section shall, in addition to any fines levied, be reported to the licensing commission. (Added 2-5-96)

Sec. 9-62.      Sidewalk sales.
        Any license issued under the provisions of this article to the tenant of a ground floor premises for vending in front of which the location, where the character of the merchandise being sold under the license is essentially the same as that being sold within the ground floor of those premises shall be subject to the following restrictions:
        (a)     Transactions. All transactions for the purchase of goods, wares or merchandise shall occur within the confines of the establishment. In no instance shall sales transactions occur on the streets or sidewalks of the city.
        (b)     Display. Only those goods, wares or merchandise which may be placed on a table or a rack shall be sold or displayed under the provisions of this license. In no instance shall there be the sale of furniture or major appliances from the sidewalk or streets of the city.
        (c)     Time. Licenses shall be issued for a maximum of two calendar days per week, being Friday and Saturday, or both.
        (d)     Distance. Permitted activities shall not obstruct the public ways. Permitted activity shall occupy no more than three and one-half feet from the face of the building. The licensing commission may impose a greater stricter restriction if deemed to be in the interests of public safety.
        (e)     Maintenance. Due to street traffic and commercial activity created by the issuance of licenses subject to this section, store owners shall be responsible for maintaining the cleanliness of the sidewalk, curb and gutter immediately in front of the business at all times before, after and during such permitted activity, by sweeping or through such other manner as is deemed appropriate. (Added 2-5-96)

Sec. 9-63.      Interpretation of article.
        Nothing in this article shall be construed as conflicting with any license issued under the laws of the Commonwealth. (Added 2-5-96)

Secs. 9-64.9-69. Reserved.

Article IV. Hawkers And Peddlers

Sec. 9-70.      Definitions.
        As used in this article the terms hawker or peddler shall mean and include any person who goes from place to place either on foot or on or from any animal or any vehicle carrying, exhibiting or selling any goods, wares or merchandise.

Statutory reference-similar definition, Mass.Gen.L. c. 101, § 13.

Sec. 9-71.      Sale of certain goods require license from Commonwealth and certificate of registration from City.
        (a)     Articles, other than those permitted for sale under sections 9-25 through section 9-69, or permitted without a license as described in section 9-72, or not permitted to be sold at all as described in section 9-73, shall not be sold by hawkers or peddlers unless duly licensed by the Commonwealth for such purposes or by the licensing commission, as provided by section 9-74.
        (b)     All hawkers and peddlers duly licensed by the Commonwealth are required to register with and obtain a certificate of such registration from the city clerk prior to conducting business in the city.

Sec. 9-72.      No fee required for sale of certain goods.
        No fee shall be required for a license to sell newspapers, religious publications, flowering plants, wild or uncultivated flowers, fruits, nuts, and berries by hawkers and peddlers. Persons licensed for the sale of such goods shall comply in all other respects with these ordinances, and the rules and regulations of the licensing commission.

Statutory reference-Mass.Gen.L. c. 101, § 17.

Sec. 9-73.      Sale of certain goods prohibited.
        Except as otherwise provided in section 9-75, hawkers and peddlers are prohibited from selling jewelry, other than costume jewelry, valued at not more than twenty-five dollars ($25.00), furs, wines, spirituous liquors, small artificial flowers and miniature flags.
Statutory reference-Mass.Gen.L. c. 101, § 16.

Sec. 9-74.      Sale of certain goods require either a state or municipal license.
        (a)     Before selling any meats, butter, cheese, fish, fresh fruit or vegetables, any hawker or peddler must either be duly licensed by the Commonwealth or by the licensing commission in accordance with chapter 101, section 17 of the General Laws.
        (b)     The licensing commission shall have authority to grant a license under this section to any person of good repute as to morals and integrity, who have shown responsibility and business acumen.
        (c)     Should a license be issued pursuant to this article, the licensee shall be responsible for obtaining and maintaining any and all other relevant licenses, permits and seals issued under the authority of the city of Chelsea.
        (d)      Any hawker or peddler of any meats, butter, cheese, fish, fresh fruit or vegetables who uses, or possesses with intent to use, any false, condemned or unsealed weighing or measuring device shall be subject to a criminal penalty not to exceed fifty dollars ($50.00) for each use or possession of a false or condemned measuring device and twenty-five dollars ($25.00) for each use of an unsealed measuring device, and shall in all other respects be subject to the provisions of section 1-7.
        (e)     Every licensed hawker and peddler shall be assigned a license number, a record of which shall be kept by the licensing commission.
        (f)     Any license granted by the licensing commission under this section may be modified, suspended or revoked by the licensing commission for good cause after reasonable notice to the licensee and a hearing upon the grounds for modification, suspension or revocation. The violation of any of the provisions of this article shall be sufficient cause for revocation of that license.
        (g)     Unless sooner revoked, and irrespective of any modification or suspension, any license granted by the licensing commission under this section shall expire one (1) year from the date of issuance.

Sec. 9-75.      Special license relating to sale of articles for charitable purposes.
        The licensing commission shall, under such conditions as it may deem proper, grant to any organization engaged exclusively in charitable work, or to a part of any incorporated organization of veterans who served in the military services of the United States in time of war or insurrection, a special license authorizing it, upon a particular day and for a charitable purpose named in such license, to sell, through its accredited agents in the streets and other public places within the city, or in any designated part thereof, flags, badges, medals, buttons, flowers, and similar items provided they are small in size. Under no circumstances shall a person under sixteen (16) years of age be accredited as such an agent. Each accredited agent shall wear in plain sight, while engaging in selling such articles a badge, provided by such organization and approved by the licensing commission, bearing upon it the name of such organization and the date on which the license is to be exercised, and that no such agent shall be authorize to make or attempt to make such sales in front of any private premises against the objection of the owner or occupant thereof. The exercise of the licenses hereby provided for shall be subject to the provisions of all statutes, ordinances, rules and regulations not inconsistent herewith. (Amended 3-10-97)

Statutory reference-Mass.Gen.L. c. 101, § 33.

Sec. 9-76.      Times restricted for street sales.
        (a)     Any person who cries his wares or make any loud or disturbing noise selling or buying goods in any street or public place between the hours of 7:00 p.m. and 8:00 a.m. shall be subject to a criminal fine of not more than two hundred dollars ($200.00), and shall in all other respects be subject to the provisions of section 1-7.
        (b)     Any person holding the license to do so, who allows more than one person at a time to cry his wares, shall be subject to a criminal fine of not more than two hundred dollars ($200.00), and shall in all other respects be subject to the provisions of section 1-7.
        (c)     No hawker or peddler shall remain more then twenty (20) minutes in one location. All hawkers and peddlers shall move at least one hundred feet from the last location of sale. No hawker or peddler shall have exclusive right to any location on the public streets, or streets open to the public, nor shall any be permitted a stationary location, including private property, nor shall any be permitted to operate in an congested area where the operations might impede or inconvenience the public. For the purpose of this section, the judgment of all enforcing agents exercised in good faith, shall be deemed conclusive as to whether the area is congested or whether the public is impeded or inconvenienced.

Sec. 9-77.      Sale of merchandise from vehicles standing in streets prohibited.
        Any person who stands, parks, or places any wagon, cart or other vehicle of whatever description, for the purpose of selling goods, wares, or merchandise upon any street or public place shall be subject to a criminal fine of not more than $200.00, and shall in all other respects be treated in accordance with the provisions of section 1-7.

Sec. 9-78.      Vehicles and receptacles used.
        (a)     Every vehicle or other receptacle used by a licensee under the provisions of this article as a conveyance for articles offered or exposed for sale shall kept in a neat and clean condition and shall not leak.
        (b)     Every vehicle or other receptacle used by a licensee under the provisions of this article as a conveyance for articles offered or exposed for sale by him shall have plainly painted or attached to each side of such vehicle or other receptacle the licensees name and number, in letters and figures at least two (2) inches in height.
        (c)     No person hawking, peddling or carrying or exposing articles for sale shall carry or convey such articles in any manner that will tend to injure or disturb the public health or comfort.
        (d)     Persons who are found guilty of violating the provisions of this ordinance shall be liable for a criminal fine, not exceed two hundred dollars ($200.00), and shall in all other respects be subject to the provisions of section 1-7.

Sec. 9-79.      Noise-making control.
        No person hawking, peddling or carrying or exposing any article for sale shall cry his wares in a public street, nor use or cause to be used a bell, horn or other noise-making instrument after 8 p.m., or other means therein for the purpose of giving notice of the exercise of a business or calling, or for the sale of an article.

Sec. 9-80.      License and/or certificate of registration of hawkers and peddlers to be shown on demand.
        Every hawker or peddler shall exhibit his license and/or certificate of registration when the same is demanded of him by a member of the licensing commission, an inspector, or police officer of the city of Chelsea.

Statutory reference-Mass.Gen.L. c. 101, § 27.

Sec. 9-81.      Age requirement.
        No person under the age of sixteen (16) years of age shall receive a license or be registered as a hawker or peddler.

Sec. 9-82.      Subject to further restrictions.
        The terms of every hawkers and peddlers license and certificate of registration issued pursuant to this article shall be subject to such further restriction and regulations as the licensing commission shall impose.

Sec. 9-83.      Waiver of fees.
        The licensing commission may waive in whole or part any and all fees required by this article, as it deems necessary. Upon issuance of such a waiver the licensing commission shall provide the city manager with written reasons for the granting of the waiver.

Sec. 9-84.      Penalties.
        Any person who violates any provision of this article shall be liable to a criminal penalty of two hundred ($200.00) and in all other respects shall be subject to the provisions of section 1-7. Violators of any provision of this article shall be subject to arrest as provided for by chapter 101, section 32 of the General Laws.

Sec. 9-85.      Bond or insurance required.
        No hawker or peddler shall sell goods, wares or merchandise in the city unless such hawker or peddler has posted a bond with the city clerk in an amount to be determined by the city manager, sufficient to protect the city against any suit, action or proceeding in which the city may be a party as a result of any act or failure to act on the part of such transient vendor while operating within the territorial limits of the city. Said bond specified above shall be subject to the approval of the city manager and shall be in a form approved by the city solicitor.
        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. 9-86.      Interpretation of article.
        Nothing in this article shall be construed as conflicting with any license duly issued under the laws of the Commonwealth.

Secs. 9-87.9-99. Reserved.

Article V. Door to Door Solicitors

Sec. 9-100.     Definitions.
        For the purpose of this article, the following words as used shall be considered to have the meanings herein ascribed thereto:
        License shall mean the photo identification card issued to the licensee.
        Person shall mean any individual, firm, co-partnership, corporation, company, association or joint-stock association, society, organization or league and includes any trustee, receiver, assignee, agent or other similar representative thereof, except as otherwise excluded by this chapter.
        Premises shall mean a building or portion of a building used for residential, commercial, or governmental purposes, including the real estate upon which any such building is located.
        Sponsoring organization shall include any individual, firm, partnership, corporation, association or joint-stock association, society, organization or league and include any trustee, receiver, assignee, agent or other similar representative thereof, except as otherwise excluded by this article which employs, directs, or otherwise obtains the services of any person.
        Solicit or solicitation shall include any one (l) or more of the following activities:
        (1)     Seeking to sell or to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services of any kind, character or description whatever.
        (2)     Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication.
        (3)     Seeking to obtain gifts or contributions of money, clothing or any other valuable item for the support or benefit of any charitable or nonprofit association, organization, corporation, group or project, except as otherwise excluded by this chapter or by General Law. (Amended 3-10-97)

Sec. 9-101.     Application for license.
        (a)     Every person and/or representative of a sponsoring organization who will be soliciting in the city for any purpose, except as otherwise excluded by this chapter, shall, before commencing business in the city of Chelsea, make written application under oath for a license to the licensing commission.
        (b)     Applicants shall present to the licensing commission for examination a drivers license or some other proof of identity as may be reasonably required.
        (c)     All licenses granted under this ordinance shall expire one (1) year from date of issuance.

Sec. 9-102.     Photograph required.
        The applicant shall present the police department of the city of Chelsea with one (1) or more photographs of approved size as the police department shall determine.

Sec. 9-103.     Issuance of license; fee.
        (a)     No later than thirty (30) days after filing of such application, the licensing commission shall hold a public hearing on the issuance of the applicants license. Any such license granted shall be in the form of a photo identification card, showing the name and address of the licensee, and authorizing him or her to solicit for the purposes described in his or her application, subject to the ordinances of the city of Chelsea and the laws of the Commonwealth of Massachusetts.
        (b)     All licenses issued pursuant to this article shall expire one (l) year from the date of issue, or on the day of its surrender or revocation or on the filing of an affidavit of its loss to the police department. (Amended 3-10-97)

Sec. 9-104.     Notification of changes to police.
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