[HISTORY: Adopted by the Town of Salisbury 5-20-1985 ATM by Art.
19. Amendments noted where applicable.]
In the event any one or more provisions of this
bylaw are found to be unconstitutional, or contrary to law, and therefore
unenforceable, the validity of the remaining provisions shall not
be affected by such finding.
The provisions of this bylaw may be amended
or repealed in whole or in part by majority vote of a regular or special
Town Meeting provided an article in the warrant for such meeting provides
notice of any such proposal to amend or repeal.
[Amended 10-24-2016 ATM
by Art. 10]
Penalties for violation of the provisions of
this bylaw shall be as specified in each section, or if not specified,
by a fine of $300 dollars for each offense.
[Amended 2-1-1986 STM by Art. 11; 5-19-2014 ATM by Art. 24]
Any person in control of any premises within
the Town who causes or permits loud and obtrusive noise to emanate
from such premises between the hours of 11:00 p.m. and 8:00 a.m.,
after being requested to abate such noise by a police officer of the
Town, shall be punished by a fine of $100. However, this bylaw shall
apply to the following establishments only between the hours of 1:00
a.m. and 8:00 a.m.: all nightclubs, restaurants, or bars in the Town,
plus the amusement park area of the beach in the general beach center
area of Salisbury Beach as bounded by and inclusive of Central Avenue
at the junction of North End Boulevard, then southerly along North
End Boulevard and continuing along Cable Avenue to Ocean Street, then
easterly along Ocean Street to Railroad Avenue, then southerly along
Railroad Avenue to Vermont Street to its terminus at Ocean Front.
A.
Unnecessary noise prohibited. No person shall make any loud, obtrusive
or unnecessary noise from a motor vehicle, in a public space or in
a residential neighborhood as defined within this section.
B.
LOUD, OBTRUSIVE OR OTHER UNNECESSARY NOISE
(1)
(2)
(3)
(4)
(5)
(6)
PUBLIC SPACE
RESIDENTIAL NEIGHBORHOOD
VEHICLE
Definitions:
Shall include any noise occasioned by one or more of the
following actions of any individual:
Loudspeakers, jukeboxes or public address systems: It is unlawful
to use, operate or permit the operation of any loudspeaker, jukebox,
public address system, or other similar device amplifying sound therefrom
on a public right-of-way or way to which the public has right of access
for any commercial purpose if said amplified sound can be heard from
a distance of further than 200 feet or if said sound crosses a real
property boundary.
The playing of radios, television sets, musical instruments,
cassette tapes, discs or other similar devices at any time of the
day or night in such a manner as to create an objectionable noise
disturbance across a real property boundary.
Misuse of power exceeding the tire traction limits in acceleration,
sometimes known as "peeling rubber"; or
Misuse of braking power exceeding tire traction limits in deceleration
where there is no emergency; or
Racing engines by manipulation of the accelerator, gas pedal
or carburetor or gear selection, whether the vehicle is in motion
or standing still; or
The excessive blowing of any horn except as a warning signal,
or the use of any other noise-making device, whether the vehicle is
in motion or standing still, in such a manner as to create a continuing
noise disturbance at 100 feet from such device when operated in or
on a motor vehicle on a public right-of-way or pubic space or on any
space whatsoever.
Shall mean any area which the public has right to access,
that is open and accessible to all citizens, including most streets,
the pavement, Town squares or parks, government buildings, including
but not limited to public libraries and schools, and any public restroom.
Shall mean any area of the Town of Salisbury as defined in
the Town of Salisbury Zoning Bylaw as a residential neighborhood.
Shall mean and include the following: any antique motor vehicle,
motorcycle, bus, truck, construction equipment, private passenger
vehicle, recreational vehicle, snowmobile, ATV, dirt bike, or any
other motor vehicle as defined by MGL c. 90, § 1.
C.
Penalty. Violations of this bylaw may be enforced through any means available in law or in equity, including noncriminal disposition in accordance with MGL c. 40, § 21D, in accordance with § 1-5 (Violations and penalties) and § 1-6 (Noncriminal Disposition) of the Town Bylaws. For purposes of § 1-5, the fine for each violation shall be $200. For purposes of § 1-6, the fine for the first violation shall be $100 and the fine for the second and subsequent violations shall be $200. When acting under § 1-6, the enforcing person shall be the Police Chief or any police officer of the Town of Salisbury.
[Amended 10-23-2006 ATM by Art. 2; 10-24-2016 ATM by Art. 10]
No person without first having obtained written
permission from the Director of Public Works shall stand in any public
street for the exercise of any business or calling, after being requested
to desist therefrom by any police officer of the Town. Penalty: fine
of $50.
[Amended 10-24-2016 ATM
by Art. 10]
No person shall, without written permission
from the Director of Public Works, place or cause to be placed upon
any sidewalk any coal, bale, box or trunk, crate, cask, barrel, garbage
can, package, or anything so as to obstruct the same. Penalty: fine
of $25.
[Amended 10-23-2006 ATM by Art. 2; 10-24-2016 ATM by Art. 10]
Every person intending to erect, repair or take
down any building on land abutting on any street or way which the
Town is required to keep in repair, and who desires to make use of
any portion of said street or way for the purpose of placing therein
building materials or rubbish, shall give written notice thereof to
the Director of Public Works. The Director of Public Works may grant
a permit to occupy a portion of said street or way, and such permit
shall be upon the condition that the permittee shall keep a sufficient
number of lighted lanterns at or near the parts of the street or way
obstructed or unsafe and shall keep a railing or guard around the
same, while such obstruction shall continue. If such obstruction is
more than a temporary condition, the permittee shall place a safe,
temporary walk around said obstruction and at the completion of the
work shall restore the street or way to the satisfaction of the Selectmen.
[Amended 10-23-1995 ATM by Art. 10; 10-23-2006 ATM by Art. 2; 10-24-2016 ATM by Art. 10]
No department of the Town, other than the Public
Works Department, shall dig up or cause to be dug up any street or
way in Town without a permit from the Director of Public Works or
his designee, except in cases of emergency, and such department shall,
on completion of the work, restore the street or way to the satisfaction
of the Director of Public Works or his designee. Penalty: fine of
$100.
[Amended 10-23-2006 ATM by Art. 2]
Before being issued a permit as specified in
the preceding sections, the person applying for the same shall execute
a written agreement to indemnify and save harmless the Town against
and from all damages by reason of cost or expense it may suffer or
be put to by reason of any claim for damages or by reason of any proceeding,
criminal or civil, on account of the existence of such obstruction
or excavation.
No owner or person, having charge of any horse,
cow, swine, sheep, goat or other grazing animal, shall permit the
same to pasture in any street or way within the Town, whether with
or without a keeper. Penalty: fine of $25.
[Amended 11-27-1989 STM by Art. 17]
Whoever shall throw, discard or deposit any
litter, dirt, rubbish, garbage, or human waste upon any public way,
place or square or upon any part of the public beach shall be punished
by a fine of $300 for each such offense. Any police officer of the
Town shall be empowered to enforce this bylaw and shall be deemed
an enforcing person for purposes of noncriminal enforcement of this
bylaw under MGL c. 40, § 21D and the Town's Noncriminal
Disposition of Bylaw Violations Bylaw.[1]
No person shall throw stones, snowballs, sticks,
or other missiles, or kick a football, or play at any game in which
a ball is used, or fly kites or balloons, or shoot with or use a bow
and arrow, in any of the public ways of the Town. Penalty: fine of
$25..
No person shall fire or discharge any gun, fowling
piece, pistol or other firearm or fireworks within any street, public
way, place or square in this Town; provided, however, that this section
shall not apply to any firing in accordance to law at any military
exercises or reviews, or any firing permitted by the Board of Selectmen.
Penalty: fine of $50.
No person shall throw or cause to be thrown
or placed on a sidewalk, street or highway of the Town any nails,
spikes, screws, glass, tin cans, or other similar articles. Penalty:
fine of $50.
No person shall extinguish any streetlight or
extinguish or remove any light placed on public or private property
to warn the public against an obstruction or a defect in any street
or way, unless such person is authorized by those having charge of
such lights, or the street or way, so to do. Penalty: fine of $50.
No person shall sled, coast, ski or otherwise
use a motorized or unmotorized vehicle, excepting bicycles, that is
not properly registered upon ways in the Town, except for the purpose
of crossing such ways. Penalty: fine of $25.
No person shall roller-skate or use skateboards
or any similar device on any public way or sidewalk in the general
beach center area of Salisbury Beach as bounded by and inclusive of
Central Avenue at the junction of North End Boulevard; then southerly
along North End Boulevard and continuing along Cable Avenue to Ocean
Street; then easterly along Ocean Street to Railroad Avenue; then
southerly along Railroad Avenue to Vermont Street; then easterly along
Vermont Street to its terminus at Ocean Front. Penalty: fine of $25.
A.
The Director of Public Works, for the purpose of removing
or plowing snow, or removing ice from any way, is authorized to remove
any vehicle interfering with such work to some convenient place, which
term shall include a public garage, and the owner of any vehicle so
removed shall be liable for the cost of such removal and the storage
charges, if any, resulting therefrom.
[Amended 10-23-2006 ATM by Art. 2]
B.
The provisions of MGL c. 40, § 22D as most
recently added by Chapter 322 of the Acts of 1961 authorize the towing
of vehicles from Town ways where such vehicles are parked in violation
of parking prohibitions.
[Amended 5-18-2009 ATM by Art. 17]
No person shall use or consume any alcoholic
beverages, as defined in MGL c. 138, § 1, while on or upon
any public way in which the public has a right of access or any place
to which the members of the public have access as invitees or licensees,
park or playground, or private land, building, structure or place
without the consent of the owner or person in control thereof. All
alcoholic beverages being used in violation of this bylaw shall be
seized and safely held until final adjudication against the person
or persons arrested or summoned before court, at which time they shall
be returned to the persons entitled to lawful possession. Penalty
for violation of this bylaw shall be a fine of $300 for each offense.
Each citation or arrest shall constitute a violation.
[Amended 10-24-2016 ATM
by Art. 10]
No person or persons, unless authorized by the
Director of Public Works, the Ring's Island Water District or the
Fire Chief or his designees, shall willfully open or tamper with any
fire hydrants within the Town of Salisbury to cause damage and/or
to allow water to flow on any public or private property. Penalty
for each offense in violation of this bylaw shall be $200. It is the
intent of this bylaw that each unauthorized opening or tampering of
a hydrant shall be treated as a separate offense.
A.
Any person who willfully disobeys any lawfully placed
traffic control signal or sign upon a way in the Town shall be punished
by a fine of $50.
[Amended 10-24-2016 ATM
by Art. 10]
B.
No person operating a motor vehicle on any Town way
shall run it at a rate of speed greater than is reasonable and proper,
having regard to traffic and the use of the way and the safety of
the public.
[Amended 5-15-1989 ATM by Arts. 36, 37 and 38]
A.
There shall be a twenty-five-dollar fine for each
violation of overtime parking on parking meters.
[Amended 5-18-2009 ATM by Art. 17; 5-14-2018 ATM by Art. 17]
B.
There shall be a twenty-five-dollar fine for each
of the following offenses; each traffic ticket issued shall constitute
a separate violation:
[Amended 5-18-2009 ATM by Art. 17; 10-22-2018 ATM by Art. 17]
(1)
Any motor vehicle parked within 10 feet of a fire
hydrant.
(2)
Any motor vehicle parked on a crosswalk.
(3)
Any motor vehicle left running and unattended.
(4)
Any motor vehicle parked in a restricted area, in
a taxi stand or a bus stand, in a tow area, or posted emergency vehicle
area, or handicapped area.
(5)
Any motor vehicle parked in a driveway or obstructing
a driveway or fire station.
(6)
Any motor vehicle parked on a sidewalk.
(7)
Any motor vehicle parked against traffic.
(8)
Any motor vehicle parked in the wrong direction.
(9)
Any motor vehicle obstructing traffic or snow removal.
(10)
Any motor vehicle parked over 12 inches from
curb.
(11)
Any motor vehicle overlapping parking space
lines.
(12)
Any motor vehicle parked less than 20 feet from
a corner.
(13)
Any motor vehicle double parked.
(14)
Any motor vehicle parked in violation of a "No
Parking" sign.
(15)
Any motor vehicle parked within posted emergency vehicle areas.
(16)
Any motor vehicle parked overnight when overnight parking is
restricted.
(17)
Any unoccupied vehicle parked in an area restricted to live
parking only.
(18)
Any motor vehicle parked with an expired or invalid license
plate.
(19)
Any motor vehicle parked with an expired inspection sticker.
C.
There shall be a one-hundred-dollar fine for any motor
vehicle parked in a designated handicapped space or blocking a wheelchair
ramp without proper license plate designation.
[Amended 10-23-2006 ATM by Art. 2]
A.
No person shall start or maintain an open fire on
any part of the public beach. Penalty: fine of $100.
B.
No person shall operate or use any motor vehicle or
motorized bicycle, except for emergency vehicles, on any part of the
beach. Penalty: fine of $100.
C.
All persons engaged in any sporting activities or
games, including fishing and surfing, shall do so only in areas designated
by the lifeguards and shall discontinue such activity for public safety
if instructed by the lifeguard or a police officer. Penalty: fine
of $50.
D.
No persons shall throw or cause to be thrown any ball,
missile, projectile or other object, except in areas designated by
the lifeguards between May 15 and September 15 of each year, all dates
inclusive. Penalty: fine of $50.
E.
No persons may camp, tent or sleep on any part of
the public beach between the hours of 11:00 p.m. and 6:00 a.m. of
each day. Penalty: fine of $50.
F.
No person, being the owner or person in control of
a dog or any other animal, shall allow said dog or other animal to
be on any part of the public beach between May 15 and September 15
of each year, all dates inclusive. Penalty: fine of $50.
G.
No person shall bathe or swim without personal covering
in any public place; no person shall parade, run, walk, sit or stand
on any public or private way unless properly robed; and no person
shall disrobe in any vehicle, public way or place to which the public
has the right of access or view. Violation of this regulation of the
Town of Salisbury shall be punished by a fine not to exceed $50.
[Added 5-20-1991 ATM by Art. 18]
A.
The following are adopted:
|
MGL c. 90B, § 2
|
Numbering of moborboats (unregistered boats),
323 CMR 2.03
| |
|
MGL c. 90B, § 3
|
Display of numbers, registration in possession,
etc.
| |
|
MGL c. 90B, § 4
|
Lost, destroyed or mutilated certificates
| |
|
MGL c. 90B, § 5
|
Classes of motorboats, required lighting and
equipment, 323 CMR 2.06(1), (3) and (4); 323 CMR 2.07(2), (4), (8a)
or (9); 323 CMR 2.08
| |
|
MGL c. 90B, § 5A
|
Life saving devices (PFDs), 323 CMR 2.07(10)
| |
|
MGL c. 90B, § 6
|
Mufflers, 323 CMR 2.06(2)
| |
|
MGL c. 90B, § 7
|
Livery boats, requirements for, 323 CMR 4.04
| |
|
MGL c. 90B, § 9
|
Filing accident reports, 323 CMR 2.05
| |
|
MGL c. 90B, § 12
|
Failure to stop for an officer, failure to allow
inspection
| |
|
MGL c. 90B, § 12A
|
Termination of trip, overloaded or other unsafe
conditions
| |
|
MGL c. 90B, § 13A
|
Display of scuba diver's flag
| |
|
The above sections will be assessed a fine of
$50
| ||
|
BB
|
Negligent operation or use of waterskis in the
nighttime
| |
|
BC
|
No observer on boarding ladder while towing
skier
| |
|
BE
|
Operating negligently, recklessly or leaving
the scene of an accident, 323 CMR 2.08, 323 CMR 2.07(1), (3), (5),
(6), (7), (8b), (8c), (11), (12) and (13)
| |
|
The above sections will be assessed a fine of
$100
| ||
[Added 5-18-2009 ATM by Art. 18; amended 10-22-2018 ATM by Art. 16]
A.
No person shall smoke, ingest, or otherwise use or consume marihuana
or tetrahydrocannabinol (as defined in MGL c. 94C, § 1,
as amended) while in or upon any street, sidewalk, public way, footway,
passageway, stairs, bridge, park, playground, beach, recreation area,
boat landing, public building, schoolhouse, school grounds, cemetery,
parking lot, or any land designated for active or passive recreational
use by the Town of Salisbury, the Commonwealth or Massachusetts or
other governmental subdivision located within the Town of Salisbury;
or in or upon any bus or other passenger conveyance operated by a
common carrier; or in any place accessible to the public.
B.
No person shall, while in or on any public way or in any place to
which the public has right of access, or upon any way or in any place
accessible to the public, possess an open container of marijuana or
marijuana products in the passenger area of any motor vehicle.
C.
The term "open container" shall be defined as follows: any marijuana
or marijuana containing products that are removed or not contained
in any packaging or sealed container found on a person or within the
passenger compartment of a motor vehicle. The motor vehicle's trunk,
locked glove compartment, locked center console compartment, truck
bed, or the living quarters of a house coach or house trailer are
not considered the passenger's compartment of a vehicle for the purposes
of this bylaw.
D.
This bylaw may be enforced through any lawful means in law or in
equity, including, but not limited to, noncriminal disposition pursuant
to MGL c. 40, § 21D, by the Board of Selectmen, the Town
Manager, or their duly authorized agents, or any police officer. The
fine for violation of this bylaw shall be $300 for each offense.
[Added 10-27-2008 ATM by Art. 8]
A.
Public
parks, playgrounds and rail trails in the Town of Salisbury, including
associated parking areas, shall be open to the use of the public between
the hours of 5:00 a.m. and 9:00 p.m. and during Town-sanctioned athletic
events. Anyone found on said premises between the hours of 9:00 p.m.
and 5:00 a.m. (except those attending Town-sanctioned athletic events)
shall be considered a trespasser and subject to a fine of $25 for
the first offense and $50 for the second and each subsequent offense.
Rail trails in the Town of Salisbury shall include, but not be limited
to, the Old Eastern Marsh Trail between the Merrimack River and the
Massachusetts/New Hampshire State Line and the Salisbury Point Ghost
Trail between Lion’s Park and the Salisbury/Amesbury Town Line.
B.
No person
shall operate any motorized vehicle in any public park or playground
or on a rail trail in the Town of Salisbury, except in a designated
parking area or as provided herein; provided, however, that authorized
persons may operate motorized vehicles in parks and playgrounds and
on the trails for construction, maintenance, inspection, management,
police, fire and emergency purposes. For purposes of this bylaw, the
term “motorized vehicles” shall include, but not be limited
to, any automobile, truck, all-terrain vehicle, off-road vehicle,
snowmobile, moped, motorbike, minibike, pocket bike or motorcycle.
The term “motorized vehicles” shall not include motorized
wheelchairs needed for access to the parks, playgrounds or trails
by persons with disabilities. Violators shall be subject to a fine
of $100 for the first offense and $200 for the second and each subsequent
offense. Further, any unauthorized motor vehicle found in a Salisbury
park or playground or on a Salisbury rail trail shall be subject to
towing and storage upon the order of a law enforcement officer.
C.
No person
shall discharge any firearm or release any arrow in any public park
or playground or upon or across any rail trail within the Town of
Salisbury or within 150 feet of any such park, playground or rail
trail. Violators shall be subject to a fine of $100 for the first
offense and $200 for the second and each subsequent offense.
D.
No person
shall remove, destroy, damage, deface or vandalize any fence, sign,
bench, building or other structure or amenity installed or used as
part of any public park, playground or rail trail in the Town of Salisbury
and no person shall intentionally damage the surface of any park,
playground, playfield or trail. Violators shall be subject to a fine
of $100 for the first offense and $200 for the second and each subsequent
offense.
[Added 6-22-2020 ATM
by Art. 12]
It shall be unlawful for any person to park or otherwise leave
a trailer that is not properly connected to a registered vehicle on
any public way overnight. Additionally, no person shall occupy a trailer
or recreational vehicle overnight while parked on a public way. Violations
of this section shall be punishable by a fine of $200 for each twenty-four-hour
period in which a violation occurs, and such vehicles shall be subject
to towing.
