[HISTORY: Adopted by the City Council of
the City of Lowell 4-26-1988 as §§ 12-1 to 12-9 and 17-6 of the 1988
Code. Amendments noted where applicable.]
A.
ALCOHOLIC BEVERAGE
DRINKING
PRIVATE PROPERTY
PUBLIC PROPERTY
Definitions. As used in this section, the following
terms shall have the meanings ascribed below:
Any beverage defined as an alcoholic beverage in MGL c. 138,
§ 1.
To consume or to have opened or partially filled any container
of alcoholic beverage on his person or under his immediate control.
Any real property within the City which is not owned, leased
or occupied by the City.
Includes any public property of the City, such as streets,
ways, sidewalks, commons, parks, playgrounds, reservoirs, Alumni Field,
Cawley Stadium, municipal parking lots, and areas of any real property,
building or office owned by or leased to the City or occupied or used
by any board, department, committee, commission or office of the City.
B.
Drinking in public. No person shall consume (drink)
any alcoholic beverages on any public property, public place, public
way, etc., or any way to which the public has right of access as invitees.
C.
Possession of alcoholic beverages for drinking on
public or private property. No person shall bring any alcoholic beverages
onto any public property or onto any private property or possess for
drinking any alcoholic beverages in or upon any public or private
property without the permission of the owner or person lawfully in
charge or control of such public or private property.
D.
Issuance of special permit. The drinking of alcoholic
beverages on any park, playground or other public facility in the
City shall be authorized and lawful upon the issuance of a special
permit by the License Commission in accordance with the provisions
and requirements indicated therein.
E.
Arrest for violating section; seizure of alcoholic
beverages. Any person found in the act of violating the provisions
of this section may be arrested by a police officer without a warrant.
All alcoholic beverages being used, in possession or in control thereof
in violation of any provision of this section shall be seized and
safely held until final adjudication of the charges against the person
or persons arrested or summoned before the court, at which time such
alcoholic beverages not used for evidential analysis shall be returned
to the person or persons entitled to lawful possession of such. Any
person found guilty of violating this section shall be subject to
a fine of $10 for the first offense and $50 for the second offense
and $50 for each and every subsequent offense thereafter.
[Added 10-13-1992]
It shall be unlawful for any person, business,
corporation or partnership to sell or cause to be sold, to any person
under the age of 21, nonalcoholic beer, malt or wine, however much
reduced. Furthermore, said beverages are to be sold only in establishments
licensed to sell alcoholic beverages.
A.
No person shall fire or discharge any gun, pistol
or other firearm within the City, provided that this section shall
not apply to the use of such weapons at any military exercise, review
or funeral, or in the lawful defense of the person, family or property
of any citizen.
B.
The provisions of this section shall in no way affect
or be construed to apply to duly authorized and licensed rifle ranges
wherein competitive rifle, pistol and revolver practices, or tournaments
in connection with target practice, are held.
C.
The City Council, with the approval of the chief executive
officer of the City and the Superintendent of Police, may issue permits
or licenses to maintain or operate rifle, pistol and revolver ranges,
which permits or licenses may, at any time, be revoked by the chief
executive officer and the City Council without notice to the licensee
or licensees.
D.
A license or permit shall not be issued under this
section until all the provisions of law or the ordinances have been
complied with.
No person shall disseminate to a minor any matter
harmful to minors in violation of MGL c. 272, § 28.
No person shall remove the cover upon any hydrant
in the City, except in case of fire, or by order of the chief executive
officer of the City, Chief of the Fire Department, Executive Director
of the Regional Water Utility or the Commissioner of Public Works,
or in any way injure any hydrant, or cover thereof, or any lock on
the same, or tamper with the same, or wantonly injure any pipe or
pipes connected therewith, or any apparatus used or intended to be
used with any hydrant or reservoir in the City for any purpose except
putting out fire.
It shall be unlawful for any person to sell,
dispose of or offer for sale in the City at public auction, or to
cause or permit to be sold, disposed of or offered for sale in the
City at public auction, any gold, silver, plated ware, precious stones,
watches, clocks or jewelry, whether the same is his own property or
whether he sells the same as an agent or employee of others, provided
that this section shall not apply to judicial sales, or sales by executors
or administrators, nor to sales by or on behalf of licensed pawnbrokers
of unredeemed pledges in the manner provided by law,[1] nor to the sale at public auction of the stock on hand
of any person that shall, for the period of one year next preceding
such sale, have been continuously in business in the City as a retail
or wholesale merchant of gold, silver, plated ware, precious stones,
watches, clocks or jewelry; provided, further, that such sale at public
auction of the stock on hand of such merchant or merchants shall be
held on successive days, Sundays and legal holidays excepted, and
shall not continue for more than 30 days in all within the period
of one year.
A.
No person shall enter upon the premises of another
for the purpose of committing any wanton or malicious act, nor for
the purpose or with the intention of invading the privacy of another
by peeping into the windows of a house or spying upon any person resident
therein, and no person, being on the premises of another, shall peep
into the windows of a dwelling house thereon nor spy upon any person
resident therein.
B.
Nothing contained in this section shall be construed
to abridge nor in any way limit the right of a police officer to arrest
or to enter upon private property nor to perform any act necessary
in the performance of his official duties.
No person, unless clothed in accordance with
legal requirements, shall swim or bathe in any of the waters within
or adjoining the City so as to be exposed to the view of spectators
from any street, lane or building.
[Added 10-25-1988]
A.
Definition. For the purposes of this section, "drug
paraphernalia" shall mean all equipment, products, devices and materials
of any kind which are used, or intended for use, in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repacking,
storing, containing, concealing, injecting, ingesting, inhaling, or
otherwise introducing into the human body any controlled substance
defined in MGL c. 94C.
B.
Identification. In determining whether an object is
drug paraphernalia, a court or other authority shall consider, in
addition to all other logically relevant factors, the following:
(1)
Statements by an owner or by anyone in control of
the object concerning its use.
(2)
The proximity of the object, in time and space, to
a direct violation of this chapter.
(3)
The proximity of the object to controlled substances.
(4)
The existence of any residue of controlled substances
on the object.
(5)
Direct or circumstantial evidence of the intent of
an owner, or of anyone in possession or control of the object, to
sell, transfer, or distribute it to a person whom he knows intends
to use the object to facilitate a violation of MGL c. 94C. The innocence
of an owner, possessor, or of anyone in control of the object as to
a direct violation of MGL c. 94C shall not prevent a finding that
the object is used or intended for use as drug paraphernalia.
(6)
Instructions, oral or written, provided with the object
concerning its use.
(7)
Descriptive materials accompanying the object which
explain or depict its use.
(8)
National and local advertising concerning its use.
(9)
The manner in which the object is displayed for sale.
(10)
Whether the owner, or anyone in control of the object,
is a supplier of like or related items to the community, such as a
licensed distributor or dealer of tobacco products.
(11)
Direct or circumstantial evidence of the ratio of
sales, transfer or distribution of the object(s) to the total sales
of the business enterprise.
(12)
The existence and scope of legitimate uses for the
object in the community.
(13)
Expert testimony concerning its use.
C.
Possession, sale and manufacture prohibited; penalty
for violation. No person shall sell, possess with intent to sell,
or manufacture with intent to sell drug paraphernalia, knowing or
under circumstances where one reasonably should know that it will
be used to plant, propagate, cultivate, grow, harvest, manufacture,
compound, convert, produce, process, prepare, test, analyze, pack,
repack, store, contain, conceal, inject, ingest, inhale, or otherwise
introduce into the human body a controlled substance in violation
of MGL c. 94C. Whoever violates any provision of this subsection shall
be punished by a fine of not more than $300 per offense.
D.
Sale of tobacco rolling paper; printed warning; penalty
for violation. On any premises where tobacco rolling papers are sold,
the person in control of such premises shall cause to be displayed
in a prominent place therein a printed warning that such papers shall
not be used in conjunction with the possession of a controlled substance
the possession of which is punishable by a fine or imprisonment. Whoever
violates the provisions of this subsection shall be punished by a
fine of not more than $100 per offense.
[Added 7-24-1990]
A.
No person shall paint, write, mark, disfigure, deface
or in any manner affix to any real property or improvements thereto
any words, letters, drawings, writings or markings of any kind without
the consent of the owner of said property.
B.
Whoever violates this section shall be liable for
a penalty of $25 for the first offense and $50 for each subsequent
offense.
[Amended 11-17-1992]
A.
Prohibition. It shall be unlawful for any person,
either alone or in concert with others, to loiter in or near any public
place, place open to the public, or private place in a manner and
under such circumstances manifesting a purpose to engage in an illegal
activity in violation of law or of the Code of the City of Lowell,
and under such circumstances that warrant alarm for the safety of
persons or property in the vicinity, and after being directed and
after being ordered by a police officer to move on and disperse.
B.
Circumstances to be considered among the circumstances
which may be considered by a police officer in determining whether
such person is manifesting a purpose to engage in an illegal activity,
which warrants alarm for the safety of persons or property in the
vicinity, are:
(1)
Such person is engaging in, or preparing, attempting,
or threatening to engage in, or assisting or conspiring with another
to engage in, any riot, fight, brawl, tumultuous conduct, act of violence,
or any other such similar conduct which threatens the safety of persons
or property in the vicinity; or
(2)
Such person is a known unlawful drug user, possessor
or seller, known to have been convicted of drug violations of law,
acting in a discernible manner as to raise a reasonable suspicion
that such person is about to engage in an unlawful drug-related activity,
such as attempting to transfer small objects or packages for currency
in a furtive fashion.
C.
Order to disperse; opportunity; arrest. In order to
dispel the alarm of the manifest illegal activity, a police officer
on the scene shall order any person reasonably appearing to violate
the provisions of this section to move on and to disperse, and if
such person or persons so ordered, after a reasonable opportunity
to do so, do(es) not obey, or reassemble(s) again on the same day
or evening in the same vicinity, manifesting the same alarming purpose
of illegal activity, shall arrest such person or persons and cause
him or them to be brought before the court on a complaint for a violation
of this section.
[Added 5-26-2009]
A.
Findings
and purpose. The City Council has determined that like other cities
of its size Lowell has incidents of violent crimes whereby knifes,
machetes, other bladed weapons and homemade weapons (for example,
a shaved golf club spear, a baseball bat with protruding nails) not
regulated or prohibited by state law are used, possessed and carried
to further such criminal activity. To preserve peace and good order,
the City Council has determined there is a public need to protect
and safeguard the welfare of the general public and public safety
officers from the dangers and ills posed by said items.
B.
Prohibition.
No person, except as provided by law, shall carry on his person or
have under his control in a vehicle while on, in, or upon a public
way, any way to which the public has right of access, in any place
to which members of the public have access as invitees or licensees,
in any park or playground, conservation area or recreation area: a
knife with a blade in excess of 2 1/2 inches, a machete, any
altered or redesigned item such as a homemade weapon capable of inflicting
serious bodily harm or any other weapon capable of penetrating a police
officer's ballistic vest except:
(1)
When
engaged in hunting, fishing, or fowling and possessing all valid permits
or licenses; or
(2)
When
engaged in employment, trade, recreational or culinary activity which
customarily involves the carrying or use of such knives; or
(3)
In
going directly to or returning from such activities as listed in § 222-12-B(1)
and (2); or
(4)
If
the knife is being transported directly to or from a place of purchase,
sharpening, or repair, and if packaged in such a manner as not to
allow easy access to the knife while it is being transported.
(5)
Further,
this prohibition does not apply to persons who, through entities or
establishments engaged in a recognized retail or wholesale business,
are involved in the sale, purchase or repair of knives for trade,
sport, hobby, or recreation, including without limitation persons
engaged in the transportation to or from such entities or establishments
C.
Penalty. Every violation of this section shall be subject to a fine of not more than $300 for each offense. Enforcement of this penalty may be by arrest without warrant as it is a violation of MGL c. 272, § 59, criminal complaint, or by noncriminal disposition as provided by Article I, § 1-6, of this Code and MGL c. 40, § 21D.
D.
Construction
and severability. The provisions of this section shall be severable
and if any section, part, portion or term hereof is held to be invalid
for any purpose by a court of competent jurisdiction, it shall not
affect or impair any remaining section, part or portion thereof.
[Added 2-9-2016]
A.
PUBLIC PROPERTY
REPLICA FIREARM
Definitions. As used herein, the following words shall have the following
meanings:
As defined in § 222-1.
Any toy, imitation, facsimile or replica pistol, revolver,
shotgun, rifle, air rifle, B-B gun, pellet gun, machine gun, or other
similar simulated weapon which, because of its color, size, shape,
or other characteristics, can reasonably be perceived to be a real
firearm capable of firing a bullet or other projectile.
B.
Regulation. No person shall sell, offer to sell, possess, use, display
or give away any replica firearm on public property unless:
(1)
The entire exterior surface of the imitation firearm is painted
a bright color such as white, red, orange, yellow, blue, pink, purple,
or green either singly or as the predominant color in combination
with other colors in any pattern; or
(2)
The imitation firearm is constructed entirely of transparent
or translucent materials which permit unmistakable observation of
the imitation firearm's complete contents; and
(3)
The barrel of the imitation firearm, other than the barrel of
a water gun, is closed with a blaze orange plug, permanently affixed,
of the same material of which the imitation firearm is made, for a
distance of not less than 1/2 inch from the front end of said barrel;
and
(4)
The imitation firearm has legibly stamped thereon the name of
the manufacturer or some trade name, mark or brand by which the manufacturer
can be readily identified; and
(5)
The imitation firearm does not have a laser pointer attached.
C.
Enforcement.
(1)
If any individual under 18 years of age is found with a replica
firearm by a member of the Lowell Police Department, the officer shall
contact such individual's parent or guardian to inform him or her
that the individual has been found with a replica firearm on public
property. Parents or guardians shall be informed that they will be
able to pick up the replica firearms at the district station after
24 hours. The officer shall confiscate the replica firearm and bring
it to the police station for holding.
(2)
If the individual is over 18 years of age, the officer shall
confiscate the replica firearm(s) and inform the individual that he
or she can pick the item(s) up at the district station after 24 hours.
D.
Penalties. Any individual found in violation of any provision of
this section in a second or subsequent instance shall forfeit the
weapon, contraband, or dangerous device giving rise to the violation
of such section and be subject to a fine of $50.
[Added 9-27-2011]
A.
Purpose.
(1)
The Massachusetts Sex Offender Registry Board classifies Level 3
sex offenders as persons determined by the Board to have a high risk
of reoffending (see 803 CMR 1.03). In 2008, a six-year-old boy was
raped by a Level 3 sex offender in the New Bedford Public Library.
On August 26, 2010, a Level 3 sex offender was arrested and banned
for life from the Pollard Memorial Library after removing his tracking
bracelet while in a library bathroom. On March 21, 2011, a Level 3
sex offender was arrested on library grounds. Police had gone to the
individual's home to arrest him on charges of assault and battery
and failing to register as a sex offender. When they arrived at his
home, police learned the offender had gone to the library and arrested
him there.
(2)
In response to these incidents, the City of Lowell has a legitimate
and compelling state interest to ensure public safety and welfare
of citizens who frequent the public library. In keeping with the City
of Lowell's authority to protect the public safety and welfare of
citizens who frequent the public library, this section is proposed
so as to provide protection to children from interacting with Level
3 sex offenders in the Pollard Public Library.
B.
CHILD SEX OFFENDER
(1)
(2)
(3)
LIBRARY GROUNDS
(1)
(2)
(3)
(4)
Definitions. The following words and phrases, when used in this section,
shall have the following meanings:
Any person required to register as a sex offender pursuant to MGL c. 6, §§ 178C to 178P, inclusive and given a Level 2 or Level 3 designation by the Sex Offender Registry Board under MGL c. 6, § 178K, and whose victim was a child under the age of 16 or who has not yet been classified and who resides, has secondary addresses, works or attends an institution of higher learning in the commonwealth and who has been convicted of or who has been adjudicated as a youthful offender or as a delinquent juvenile, or a person released from incarceration or parole or probation supervision or custody with the Department of Youth Services for such a conviction or adjudication of the following offenses: indecent assault and battery on a child under 14 under MGL c. 265, § 13B; rape of a child under 16 with force under § 22A of said Chapter 265; rape and abuse of a child under § 23 of said Chapter 265; assault of a child with intent to commit rape under § 24B of said Chapter 265; kidnapping of a child under the age of 16 under § 26 of said Chapter 265; enticing a child under the age of 16 for the purposes of committing a crime under § 26C of said Chapter 265; indecent assault and battery on a mentally retarded person under § 13F of said Chapter 265; assault with intent to commit rape under § 24 of said Chapter 265; inducing a minor into prostitution under MGL c. 272, § 4A; living off or sharing earnings of a minor prostitute under § 4B of said Chapter 272; disseminating to a minor matter harmful to a minor under § 28 of said Chapter 272; posing or exhibiting a child in a state of nudity under § 29A of said Chapter 272; dissemination of visual material of a child in a state of nudity or sexual conduct under § 29B of said Chapter 272; unnatural and lascivious acts with a child under 16 under § 35A of said Chapter 272; drugging persons for sexual intercourse under § 3 of said Chapter 272; aggravated rape under MGL c. 277, § 39; and any attempt to commit a violation of any of the aforementioned sections pursuant to MGL c. 274, § 6, or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, and whose victim was a child under the age of 16.
A person who has been adjudicated a sexually dangerous person
under MGL c. 123A, § 14, as in force at the time of adjudication,
or a person released from civil commitment pursuant to MGL c. 123A,
§ 9, whichever last occurs, on or after August 1, 1981,
and whose victim was a child under the age of 16.
A person who resides in the Commonwealth of Massachusetts, has a secondary address, works at or attends an institution of higher learning in the commonwealth and has been convicted in any other state, in a federal or military court or in any foreign jurisdiction of any crime the essential elements of which are substantially the same as any of the crimes specified in above at Subsection (1), and which requires registration as a sexual offender in such other state or in the federal or military system, and who resides or works in this commonwealth on and after August 1, 1981, and whose victim was a child under the age of 16.
All areas that are designated as the physical location and
property of the Pollard Memorial Library, including:
The exterior structure of the building, including all entrances;
The interior of the building, including all rooms, book stacks,
common areas, restrooms, administrative areas, storage closets, and
all other interior rooms in the building;
The designated library parking lot, including all handicapped
spaces; and
An area five feet around the library.
C.
Prohibition. It shall be unlawful for a Level 3 sex offender to violate
any of the following provisions regarding the use of the Pollard Memorial
Library:
(1)
Level 3 sex offenders are prohibited from entering or being present
on library grounds during designated scheduled hours. These shall
include:
(a)
Every weekday during the Lowell Public School year from 2:00
p.m. to 6:00 p.m., to coincide with student study period.
(b)
Every weekday during the Lowell Public School summer vacation
from 9:00 a.m. to 1:00 p.m., to coincide with summer morning children's
activities.
(c)
Every Saturday from 9:00 a.m. to 1:00 p.m.
(d)
Additional times for special children activities as determined
by the library staff.
(2)
Level 3 sex offenders will not be allowed to attend lectures or other
special events open to the public and held at the Pollard Memorial
Library without first notifying the front desk.
(3)
During the allotted times Level 3 sex offenders are allowed to be
at the library, they are required immediately upon entry of the library
grounds to check in with the front desk and identify their presence
with the front librarian.
(a)
All Level 3 sex offenders will be issued a restricted library
card, or the equivalent, upon first reporting with the front desk
or any such desk identified by subsequent library policy. Level 3
sex offenders will be notified that upon receiving a restricted library
card, both their parole board and/or probation officers, if applicable,
will be notified of their status.
(b)
All library personnel will be informed of the presence of the
sex offender, his name, and physical appearance.
(4)
Level 3 sex offenders are strictly prohibited from entering the children's
section of the library.
(5)
Level 3 sex offenders are strictly prohibited from engaging in conversation
or interacting in any fashion with children.
(6)
Level 3 sex offenders are strictly prohibited from entering the library
stacks without first informing library staff at the front desk.
(7)
All Level 3 sex offenders are required to check in with the front
desk if they wish to use the bathroom. All Level 3 sex offenders are
required to check in with the front desk after they use the bathroom.
(8)
All Level 3 sex offenders are required to notify the front desk when
they are exiting the library.
(9)
Level 3 sex offenders shall only be allowed to use a filtered computer.
D.
Exceptions. The provisions of this chapter shall not apply to:
(1)
Any person whose name has been removed from the Massachusetts Sex
Offender Registry or from the registry of any other state or in the
federal or military system by act of a court or by expiration of the
term such person is required to remain on such registry or reclassified
as a Level 1 in Massachusetts or lowest offender category in another
jurisdiction.
(2)
The sex offender's natural or adopted child(ren) attend the library,
which child's use reasonably requires the attendance of the child
sex offender as the child's parent upon the library grounds, subject
to the following conditions:
(a)
The child sex offender's entrance and presence upon the property
occurs only during hours of operation related to the use as posted
to the public.
(b)
All other restrictions and conditions on the sex offender enumerated
in this section remain in effect.
(c)
While the sex offender's natural or adopted child(ren) are allowed
to use the children's section, the sex offender remains strictly prohibited
from entering.
E.
Notice. The Superintendent of Police or his designee shall make reasonable
efforts to provide prompt, actual written notice of the enactment
of this section (which notice shall contain a copy of the ordinance)
to all persons who are listed on the sex offender registry as of the
effective date of this section and who were given a Level 2 or Level
3 designation, as well as those persons who are added to the sex offender
registry at such levels thereafter, which persons' addresses (as shown
on the sex offender registry) are within the City of Lowell. Such
notice requirement may be satisfied by the mailing of such notice
by registered or certified mail, return receipt requested, to the
last known address of such person as listed on the sex offender registry
or as otherwise known to the Chief of Police. The failure of any person
to receive such actual written notice shall not be a defense to a
violation of this section.
F.
Enforcement.
(1)
Upon reasonable belief of a librarian or other library employee that
a child sex offender is present on library grounds in violation of
any provision in this section, he shall immediately contact the Lowell
Police Department, alert all library staff of the violation, and initiate
emergency protocols.
(2)
Upon reasonable belief of the police officer that a child sex offender is present on library grounds in violation of this section, the officer shall obtain from the suspected child sex offender his/her name, address, and telephone number. Should the police officer thereafter establish that the individual is a child sex offender as defined in this section, then the officer shall issue a written citation that such individual is in violation of this section and also escort the individual off library grounds. An individual who refuses to leave or is later found to be on library grounds shall be subject to the penalties set forth in Subsection G.
G.
Penalties.
(1)
Any violation of this section found after a hearing, if one is so
requested, by a Level 3 sex offender will result in a lifetime ban
of use of the Pollard Memorial Library. The Massachusetts Sex Offender
Registry Board, the parole board, and/or parole officer of the offender
will immediately be informed of the violation.
(2)
Any violation of this section may be subject to criminal penalties
and prosecuted in a court of competent jurisdiction and shall result
in a criminal fine of up to $300. An offender who violates this section
and is later found on library grounds after the institution of the
lifetime ban shall result in a criminal fine of up to $300. A child
sex offender commits a separate offense for each and every violation
of this section. Except for persons who are not yet 17 years of age
when they commit any such offense, violation of this section may further
constitute a violation of MGL c. 272, § 59, for which the
violator is also subject to immediate arrest without warrant. The
issuance of a citation shall not preclude the City from seeking or
obtaining any or all other legal and equitable remedies to prevent
or remove a violation of this section, to include written notification
to the parole and/or probation officer and the Commonwealth's Sex
Offender Registry Board that the child sex offender has violated a
municipal ordinance.
[Added 6-10-2014]
A.
APPROPRIATE SANITARY FACILITY
PUBLIC PLACE
Definitions. For purposes of this section, the following terms have
the following meanings:
A fixed or portable urinal, toilet, commode, or other facility
or device that accommodates or is designed for the sanitary disposal
of human bodily fluids or waste and that allows the user of the sanitary
facility to be enclosed from public view while the user is urinating
or defecating.
Any place to which the public or a substantial group of persons
has access and/or view. A "public place" includes, but shall not be
limited to, public ways, streets, sidewalks, walkways, alley or alleyways,
highways, bridges, overpasses, parking lots, municipal buildings,
municipal parking lot facilities, municipal parking lot ramps, vacant
or undeveloped lots, front yards, backyards, driveways, transportation
facilities, parks, pools, plazas, building facades, stairwells, alcoves,
doorways, entranceways, pedestrian malls, playgrounds, places of amusement,
hallways, lobbies, and other portions of apartment houses and hotels
not constituting rooms or apartments designed for actual residence.
B.
Enforcement.
(1)
No person may urinate or defecate in, on, or about a public place
unless through the use of an appropriate sanitary facility.
(2)
This section shall not apply to the use of children's diapers, pull-ups,
training diapers or pants, adult incontinence pads, sanitary napkins,
maximum absorbency garments, or any other sanitary protection devices,
so long as said devices are employed in accordance with their designed
function.
(3)
Nothing in this section shall preclude the City of Lowell or any
law enforcement officer of any jurisdiction from charging an offender
for violation of any other applicable law or ordinance arising from
the offender's prohibited conduct.
C.
Penalties.
(1)
Any person who violates this section is liable for a civil offense
punishable by a fine of $50 for the first offense, $100 for the second
offense, $200 for the third offense, and $300 for each subsequent
offense. Each act and/or each day in violation of this section shall
constitute a separate offense.
(2)
A penalty provided for under this section may be imposed in conjunction
with any other charges or penalties imposed for violation of any other
criminal or civil offenses committed.
[Added 11-12-2013; amended 2-4-2014; 3-3-2015]
A.
AGGRESSIVE MANNER
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
AUTOMATED TELLER MACHINE
AUTOMATED TELLER MACHINE FACILITY
BANK
CHECK-CASHING BUSINESS
DOWNTOWN LOWELL HISTORIC DISTRICT
PANHANDLING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Approaching or speaking to a person, or following a person before,
during or after soliciting if that conduct is intended or is likely
to cause a reasonable person to fear bodily harm to oneself or to
another or damage to or loss of property or otherwise to be intimidated
into giving money or other thing of value;
Continuing to engage in panhandling toward a person after the
person has given a negative response to such soliciting;
Intentionally touching or causing physical contact with another
person or their property without that person's consent;
Intentionally blocking or interfering with the safe or free
passage of a pedestrian or vehicle by any means, including unreasonably
causing a pedestrian or vehicle operator to take evasive action to
avoid physical contact;
Using violent or threatening language and/or gestures toward
a person or toward his or her property, which are likely to provoke
an immediate violent reaction from that person;
Following a person with the intent of asking that person for
money or other things of value;
Panhandling toward anyone who is waiting in line for tickets,
for entry to a building or for any other purpose;
Panhandling in a manner with conduct, words or gestures intended
or likely to cause a reasonable person to fear immediate bodily harm,
danger or damage to or loss of property or otherwise be intimidated
into giving money or any other thing of value;
Panhandling in a group of two or more persons in an intimidating
fashion;
Panhandling within 20 feet of the entrance to, or parking area
of, any bank, automated teller machine, automated teller machine facility,
check-cashing business, mass transportation facility, mass transportation
stop, public restroom, pay telephone or theater, or any outdoor seating
area of any cafe, restaurant or other business.
A device, linked to a financial institution's account records,
which is able to carry out transactions, including, but not limited
to, account transfers, deposits, cash withdrawals, balance inquiries,
and mortgage and loan payments which are made available to banking
customers.
The area comprised of one or more automatic teller machines,
and any adjacent space which is made available to banking customers
during and after regular banking hours.
The same as defined in MGL c. 167, § 1.
The same as that defined by MGL c. 169A, § 1.
The Downtown Lowell Historic District as defined in Section
4 of Chapter 566 of the Acts of 1983, An Act Establishing the Downtown
Lowell Historic District. A map of said district is attached hereto
and made a part hereof and marked as Exhibit A.[1]
The solicitation of any item of value, monetary or otherwise,
made by a person, requesting an immediate donation of money or exchange
of series; or any person attempting to sell an item for an amount
far exceeding its value, or an item which is already offered free
of charge to the general public, and under circumstances a reasonable
person would understand that the purchase is in substance a donation.
[1]
Editor's Note: The map of the Downtown Lowell Historic District
is on file in the City offices.
B.
Panhandling prohibited.
(1)
Panhandling is prohibited within the Downtown Lowell Historic District,
except that, for purposes of this section only, panhandling shall
not include the act of passively standing or sitting or performing
music, singing or other street performance with a sign or other indication
that a donation is being sought, without any vocal request other than
in response to an inquiry by another person. Any police officer observing
any person violating this provision may request or order such person
to cease and desist in such behavior and may arrest such person if
he or she fails to comply with such request or order.
(2)
Aggressive panhandling prohibited. Panhandling in an aggressive manner
is prohibited. Any police officer observing any person violating this
provision may arrest such person.
C.
Penalties.
(1)
Criminal disposition. Any person who violates a provision of this
section is guilty of a separate offense for each day during which
the violation is committed, continued, or permitted. Each offense,
upon conviction, is punishable by a fine of $50.
(2)
Noncriminal disposition. Any person who violates any provision of
this section may be penalized by a noncriminal disposition as provided
for under MGL c. 40, § 21D. The Police Department shall
enforce this section. The penalty for each violation shall be $50
for each day or part of a day during which the violation is committed,
continued, or permitted.
D.
Severability. If any section or application of this section shall
be adjudged by any court of competent jurisdiction to be unconstitutional,
the validity, legality and enforceability of the remaining sections
or applications shall not in any way be affected or impaired thereby.
[Added 8-12-2014[1]]
A.
PERSON
SYNTHETIC RECREATIONAL DRUGS
(1)
(a)
(b)
(c)
(d)
(2)
(a)
(b)
(c)
Definitions. For purposes of this section, the following terms have
the following meanings:
An individual, corporation, partnership, wholesaler, retailer,
or any licensed or unlicensed business.
Any product or substance that contains a synthetic chemical
compound that, when consumed, inhaled, injected, or otherwise administered,
produces a psychoactive, psychotropic, or hallucinogenic effect. The
term "synthetic drugs" shall include:
Any substance as defined by 21 U.S.C. § 812, excluding
"marijuana" as such term is defined in MGL c. 94C, § 1;
or
Any substance that contains chemical structures that mimic functionally
the effects of delta-9-tetrahydrocannabinol (THC); or
Any substance that contains cannabinoids, including, but not
limited to, AKB48, XLR-11, UR-144, JWH-210, STS-135, AB-001, JWH-018,
JWH-073, CP-47, CP-497, JWH-200, or cannabicyclohexanol; or
Any substance that has been chemically treated and is possessed,
sold, or purchased with the intent that it will, despite labeling
to the contrary, be consumed by humans for the purpose of intoxication,
which if consumed, may induce an effect or effects of any of the substances
listed in this section.
Any substance as defined by 21 U.S.C. § 812; or
Any β-keto phenethylamine derivative that produces pharmacological
effects similar to the Schedule I substances cathinone, methcathinone,
and 3,4-methylenedioxymethamphetamine (MDMA), Schedule II stimulants
amphetamine, methamphetamine, and cocaine, or contains 4-MEC, 4-MePPP,
α-PVP, Butylone, Pentedrone, Pentylone, Flephedrone, or Naphyrone;
or
Any substance that has been chemically treated and is possessed,
sold, or purchased with the intent that it will, despite labeling
to the contrary, be consumed by humans for the purpose of intoxication,
which if consumed, may induce an effect or effects of any of the substances
listed in this section.
B.
Possession, storage, provision, sale, and distribution of synthetic
recreational drugs.
(1)
It is unlawful for any person to possess, store, manufacture, sell,
distribute, or provide to another any synthetic recreational drug
within the City of Lowell.
(2)
Attempting to disclaim a synthetic recreational drug as "not safe
for human consumption" will not avoid application of the provisions
of this section.
(3)
It is unlawful for any person to possess, store, manufacture, sell,
distribute, or provide any synthetic recreational drug from any real
property owned, possessed, managed, or controlled by that person in
the City of Lowell.
(4)
Nothing in this section shall preclude the City of Lowell or any
law enforcement officer of any jurisdiction from charging an offender
for violation of any other applicable law or ordinance arising from
the offender's prohibited conduct.
C.
Enforcement.
(1)
The Lowell Police Department, inspectors of the Development Services
Department, the outreach worker from the Health and Human Services
Department and the Tobacco Control Director shall be the enforcing
authorities for this section.
(2)
The enforcing authority may consider any of the following evidentiary
factors to determine if the product is a synthetic recreational drug:
(a)
The product is not suitable for its marketed use;
(b)
The business does not typically provide, distribute, or sell
products that are used for that product's marketed use;
(c)
The product contains a warning label not typically present on
like products, such as "not for human consumption" or "not for purchase
by minors";
(d)
The product is significantly more expensive than products that
are used for that product's marketed use.
(e)
The product resembles an illicit drug; or
(f)
The product's name or packaging uses images or slang referencing
an illicit drug.
(g)
A member of the Health and Human Services Department or Inspectional
Services office has reported the product to the Police Department.
D.
Penalties.
(1)
Any person, firm, store, corporation, or entity found in violation
of this section shall be fined $300 for the first and each subsequent
offense. Each act and/or each day in violation of this section shall
constitute a separate offense.
(2)
Any person, firm, store or entity who is licensed by the City and
is found in violation of this section may, after a hearing, have any
such local license revoked.
(3)
A penalty provided for under this section may be imposed in conjunction
with any other charges or penalties that can be imposed for violation
of any other criminal or civil offenses committed.
[Added 1-3-2017]
A.
Establishment; function and purpose. The purpose and scope of this
section is to enable the City to cite property owners whose properties
have become a public nuisance through repeated incidents of criminal,
noncriminal, dangerous, offensive, or unsanitary activity, necessitating
multiple responses by the Lowell Police Department, Lowell Fire Department,
Lowell Development Services Department, or other City departments.
Through enforcement of this section, the City seeks to rectify such
negative conditions so as to promote the common good and general welfare
of the City.
B.
PROPERTY
PUBLIC NUISANCE
(1)
(2)
PUBLIC NUISANCE PROPERTY
(1)
(2)
(3)
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any land, buildings, subdivisions of buildings, apartments
or units within buildings, and/or any other immovable improvements
or fixtures on any land within the City.
Any unreasonable interference with a right common to the general
public, including but not limited to criminal offenses, repeated false
alarms, civil offenses, conditions that engender criminality, endanger
public health and safety, promote offensive activity, or otherwise
threaten the general welfare of the neighborhood and/or City.
Examples of public nuisance activity include, but are not limited
to, disturbing the peace, trespassing, underage drinking, domestic
disturbance, assault, violations of the City's Noise Ordinance, and/or
violations of any local rule, ordinance, state law, or federal law.
Any property in the City, so designated by the sole authority
of the City Manager, which meets one or more of the following criteria
in any of the following subsections:
The Lowell Police Department and/or Lowell Fire Department has
been called more than five times within a twelve-month calendar period
for any public nuisance incident;
The Lowell Police Department and/or Lowell Fire Department has
been called more than five times within a twelve-month calendar period
for any emergency and/or incident requiring such a response;
The Lowell Police Department, Lowell Fire Department, Development
Services Department, or any other City department has observed, reported,
received complaints, and/or possesses evidence of criminal activity,
code violations, unsafe conditions, offensive activity, or any other
incidents at the property which has required or could require the
deployment of City resources (including but not limited to false alarms)
more than five times within a twelve-month calendar period;
C.
Application.
(1)
In making the determination to designate a property as a public nuisance
property, the City Manager shall consider the following factors in
making his decision:
(a)
The nature, scope, and seriousness of the public nuisance incident(s);
(b)
Whether the public nuisance incident(s) resulted in an arrest;
(c)
The history of criminal activity taking place at the property;
(d)
The history of code violations or other unsafe, hazardous, or
unsanitary conditions at the property;
(e)
The property owner's and/or occupant's cooperation with the
Lowell Police Department, Lowell Fire Department, Development Services
Department, or any other City department;
(f)
The total number of properties owned by the property's owner
relative to the number of said properties either deemed public nuisance
properties or having experienced public nuisance incidents;
(g)
Any reports submitted by the Superintendent of the Lowell Police
Department, the Chief of the Lowell Fire Department, the Director
of the Development Services Department, and/or any authorized designee,
requesting the designation of the property as a public nuisance property
and the reasoning for such a request.
(2)
Upon designation as a public nuisance property, a citation shall
be served upon the owner(s) and/or occupant of the property. In addition,
tenants shall be informed of the designation of the property as a
public nuisance property, the reasons for such designation, the incidents
that required the repeated deployment of City resources or personnel,
and the penalties imposed.
D.
Enforcement.
(1)
Enforcement of the provisions of this section shall be in accordance
with MGL c. 40U.
(2)
The City Manager, Lowell Police Department, Lowell Fire Department,
and Development Services Department shall be the enforcing authorities
for this section.
(3)
Any penalty provided for under this section may be imposed in conjunction
with any other charges or penalties that may be imposed for violation
of any other local, state, or federal law or regulation.
(4)
Nothing in this section shall be interpreted to restrict or otherwise
impede the City's ability to take any authorized lawful action towards
a public nuisance property in order to rectify any violation of local,
state, or federal law.
E.
Penalties.
(2)
In addition, the City Manager is hereby authorized to, through the
appropriate City department, bill the property owner for the costs
the City incurred for its police, fire, or other City responses to
public nuisance incidents, in addition to any incidental costs during
the period of City response to the particular property or location.
The property owner is responsible for payment of the bill in full
within 30 days of receiving the bill. All amounts collected shall
be deposited into the general fund of the City in accordance with
MGL c. 40U, § 17.
(3)
Any unpaid bill for police, fire, or other City responses to public
nuisance incidents, including interest and/or collection of costs,
shall be added to the real estate tax on the property and collected
as part of that tax. Failure to pay real estate taxes will render
the property owner delinquent, and the City shall commence all appropriate
legal measures, up to and including foreclosure proceedings.
(4)
Nothing in this section shall be interpreted to restrict or otherwise
impede the City's ability to impose any other fine, penalty, action,
or corrective measure towards any public nuisance property as authorized
by local, state, and federal law.
F.
Noncriminal disposition. In accordance with MGL c. 40, § 21D,
the City may pursue a noncriminal disposition of any citation issued
under this section.
[Added9-12-2017]
A.
Purpose.
(1)
Unregulated pub crawl events pose a risk to public health and safety
and increase the likelihood of underage drinking and drunk and disorderly
conduct.
(2)
Rules and regulations mitigate these risks and provide a safe environment
and maintain the public safety.
(3)
The City of Lowell, by regulating pub crawl events, maintains a legitimate
and compelling state interest to ensure public safety and welfare
of persons who participate in pub crawl events as well as the general
public.
B.
COORDINATOR
ESTABLISHMENT
ORGANIZER
PUB CRAWL EVENT
Definitions. The following words and phrases, when used in this section,
shall have the following meanings:
An employee of a licensed establishment, over the age of
21, stationed at a particular licensed establishment participating
in a pub crawl event.
An establishment in the City of Lowell licensed to serve
alcoholic beverages pursuant to MGL c. 138 and all other applicable
state and local laws and regulations.
Anyone who contracts or is designated by one or more alcohol
establishments for the purpose of organizing, controlling, and advertising
increasing notoriety and popularity of a pub crawl event.
A group of establishments participating in the promotion
of an event featuring the sale or service of alcoholic beverages at
more than one licensed establishment during a specified time period.
C.
Pub crawl license.
(1)
In order to hold a pub crawl event, all participating establishments
must hire or designate one person to serve as organizer of the event,
and each establishment must designate one or more coordinators to
be on their premises for the entire duration of the event.
(2)
At least 30 days prior to holding any pub crawl event, an organizer
must obtain a pub crawl license from the License Commission. The organizer
must provide to the Commission:
(a)
The names and addresses of all licensed establishments expected
to participate;
(b)
The location(s) and/or geographic area(s) where the event will
take place;
(c)
The actual hours of the event;
(e)
The location of the designated registration area(s);
(f)
The number of tickets they intend to sell or anticipated number
of participants.
(3)
No establishment whose license has been suspended for one day or
more for a violation of the License Commission Rules and Regulations
and/or Alcoholic Beverages Control Commission (ABCC) Regulations within
the previous year may participate in a pub crawl event.
(4)
Establishments that serve food are required to have food available
either for purchase or as part of the event during the hours of the
pub crawl event.
(5)
All advertising and promotional materials for pub crawl events shall
include the statement "You must be 21 or older to participate in this
event."
(6)
The issuance of a pub crawl license shall be solely at the discretion
of the License Commission. The License Commission may place restrictions
upon the hours, participating licensed establishments, and the nature
and size of the pub crawl events held under the license in order to
protect the public safety.
(7)
The License Commission may fine, suspend, or revoke the pub crawl
license and any participating licensed establishments if the organizer:
(8)
A licensed establishment shall not be permitted to participate in
more than one pub crawl event at any one time.
(9)
No pub crawl events shall be permitted to occur on July 4, October
31, or December 31.
D.
Penalties.
(1)
Violations of this section shall be punishable by a fine of $300
for each offense.
(2)
Any violation of this section shall be adjudicated and disposed of
by the License Commission pursuant to state law.
(3)
Nothing in this section shall preclude the imposition of other civil
and/or criminal penalties for other violations as permitted under
state and/or local law, including the suspension and/or revocation
of a license after a hearing by the License Commission.
E.
Severability. If any section or application of this section shall
be adjudged by any court of competent jurisdiction to be unconstitutional,
the validity, legality and enforceability of the remaining sections
or applications shall not in any way be affected or impaired thereby.
[Added 5-29-2018]
A.
Definitions.
(1)
PUBLIC PLACE
For purposes of this section, the following terms have the following
meanings:
Any place to which the public or a substantial group of persons
has access and/or view. A "public place" includes, but shall not be
limited to: public ways, streets, sidewalks, walkways, alley or alleyways,
highways, bridges, overpasses, parking lots, municipal buildings,
municipal parking lot facilities, municipal parking lot ramps, vacant
or undeveloped lots, transportation facilities, parks, pools, plazas,
building facades, stairwells, alcoves, doorways, entranceways, pedestrian
malls, playgrounds, places of amusement, hallways, lobbies, and other
portions of apartment houses and hotels not constituting rooms or
apartments designed for actual residence.
B.
Enforcement.
(1)
Nothing in this section shall preclude the City of Lowell or any
law enforcement officer of any jurisdiction from charging an offender
for violation of any other applicable law or ordinance arising from
the offender's prohibited conduct.
C.
Penalties.
(1)
Any person who violates this section is liable for a fine of $100
for the first offense, $200 for the second offense, $300 for the third
offense, and $300 for each subsequent offense. Each violation and/or
each day in violation of this section shall constitute a separate
offense.
(2)
Any person found in violation of this section shall receive a fine
as established in the City's Schedule of Fees in accordance with MGL
c. 40U, § 11, for each violation of this section.
[Added 1-7-2020]
A.
Definitions.
(1)
PLAYGROUND
SMOKING
TOBACCO PRODUCT
For purposes of this section, the following terms have the following
meanings:
An area located in a park, at a school or in its own location
where children congregate or play, in which play equipment for children
is located, or which is equipped with facilities for recreation. Playgrounds
shall include ball fields and courts in which children's activities
occur. Playgrounds also include fenced-in tot-lot areas.
Inhaling, exhaling, burning or carrying of a lighted or heated
cigar, cigarette, pipe or other tobacco product intended for inhalation
in any manner or form, including the use of electronic cigars, electronic
cigarettes, vaping products, electronic pipes or other similar products
that rely on vaporization or aerosolization.
Any product containing, made or derived from tobacco or nicotine
that is intended for human consumption, whether smoked, chewed, absorbed,
dissolved, inhaled, snorted, sniffed or ingested by any other means,
including, but not limited to, cigarettes, cigars, chewing tobacco,
pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic
pipes, vaping products, hookahs, electronic hookahs or other similar
products, regardless of nicotine content. "Tobacco product" includes
any component of a "tobacco product" but does not include any product
that has been approved by the United States Food and Drug Administration
either as a tobacco use cessation product or for medical purposes
and which is marketed and sold or prescribed solely for the approved
purpose.
B.
Conduct prohibited.
(1)
Smoking tobacco products by any person shall be unlawful in, on or
within 50 feet of a playground.
C.
Enforcement and penalties.
(1)
Any person found in violation of this section shall be subject to
a fine of $200 for the first offense and $300 for any subsequent offenses.
Any fine imposed under the provisions of this section shall inure
to the City of Lowell. Enforcement of this section shall be by noncriminal
disposition as provided in MGL c. 40, § 21D, or by filing
a criminal complaint at the appropriate venue.
[Added 5-11-2021]
A.
Mural standards: definition. "Mural" means a hand-produced or machined
graphic applied or affixed to the exterior of a building wall through
the application of paint, canvas, tile, metal panels, applied sheet
graphic or other medium generally, so that the wall becomes the background
surface or platform for the graphic, generally for the purpose of
decoration or artistic expression, including, but not limited to,
painting, fresco, or mosaic.
B.
Mural placement.
(1)
Murals shall not be permitted on the primary facade. A "primary facade"
is defined, for purposes of this section, as the building elevation
that faces the adjacent street right-of-way and is the primary customer
entrance. Buildings located on a block corner with the primary customer
entrance on that corner shall be reviewed by the Cultural Affairs
and Special Affairs (CASE) Office.
(2)
Murals located in the Downtown Lowell Historic District shall require
additional review to ensure compliance.
C.
Prohibited mural types. The following types of murals are prohibited:
(1)
Murals or other representations that imitate or appear to imitate
any official traffic sign or device which appears to regulate or direct
the movement of traffic or which interferes with the proper operation
of any traffic sign or signal, or which obstructs or physically interferes
with a motor vehicle operator's view of approaching, merging,
or intersecting traffic.
(2)
Murals that project from the wall surface, except for the minimum
necessary protrusion to mount the mural to the wall or structure.
(3)
Murals that contain material that, when taken as a whole, appeals
to the prurient interest in sex, portrays sexual conduct in a patently
offensive way, and which, taken as a whole, an average person applying
contemporary community standards would not believe to have serious
literary, artistic, political, or scientific value.
(4)
Murals that are directed to incite or produce imminent lawless action
and are likely to incite or produce such action.
(5)
Murals that convey threats of violence that are directed at a person
or group of persons that have the intent of placing the target at
risk of bodily harm.
(6)
Proposed work which contains material that when taken as a whole,
applying contemporary community standards, reflects racist, misogynist,
xenophobic, or otherwise bigoted imagery and/or messages will be denied.
(7)
Proposed work shall not contain commercial advertising or messages.
Copyrighted images are not allowed. CASE shall review and take special
consideration for proposed murals that reflect historic advertising
signs.
(8)
Murals on the facades of historic mill structures, gatehouses, locks
and canals, and canalways are strictly prohibited. Mural projects
located in the Historic District will require an application to the
Lowell Historic Board for review and approval of location and architectural
context, in connection with the historic significance of the building
proposed for the mural, to ensure District authenticity.
D.
Lowell Historic Board.
(1)
In addition to the requirements outlined within this section, the
Lowell Historic Board will provide additional review on a case-by-case
basis to all proposed projects located on the following building types
in order to protect nationally and locally significant historic structures
from adverse impact as well as to safeguard prior invested in the
District:
(a)
Structures rated "A" (nationally significant) or "B" (locally
significant) on the Lowell Historic Preservation commission (LHPC)
index of historic resources in the District.
(b)
Structures located within the National Historical Landmarks
Locks & Canals Historic District.
(c)
Structures that have received federal or state historic rehabilitation
tax credits as part of their rehabilitation.
(d)
Structures that have a LHPC/Interior Department preservation
restriction on it and/or that have received a prior grant or loan
from the LHPC.
(2)
The Lowell Historic Board shall ensure that proposed installations
cannot obscure or detract from architectural features, nor detract
from the existing historic, architectural, and design context of the
site and surrounding area. The installation must respect the historic
setting and must not overwhelm or be obtrusive.
E.
Surface preparation. Sand and high-pressure water blasting are not
permitted as a cleaning process for either surface preparation or
for mural maintenance purposes in any historic district or any building
eligible for inclusion on the State or National Register of Historic
Buildings. Treatments that cause damage to historic materials shall
not be used.
F.
Maintenance.
(1)
The mural shall be kept in good condition for the life of the mural
pursuant to the maintenance schedule and responsibilities approved
by Cultural Affairs and Special Events (CASE) and incorporated into
the mural permit. A mural shall be deemed to be in a state of disrepair
when 25% or more of the display surface area contains peeling or flaking
paint, or is otherwise not preserved in the manner in which it was
originally created.
(2)
The display surface shall be kept clean and neatly painted and free
from corrosion.
(3)
Any mural that is not maintained according to the maintenance schedule
incorporated into the mural permit or that falls into a state of disrepair
may be ordered removed or covered with opaque paint, similar to the
primary building materials/colors or other appropriate material by
CASE, or the City Manager or designee, all in the manner provided
for in the mural permit. Owners of murals subject to removal shall
be provided a time limit of 30 days from the date of the written notice
for such removal or covering. CASE and/or City Manager designee may
authorize additional time for good cause shown.
G.
Design and safety standards.
(1)
Explanatory wording relative to the graphic may be incorporated into
the mural. Artist signatures shall be allowed in proportion to the
overall size of the mural, limited to maximum of two square feet in
size.
(2)
The proposed mural will not have an adverse impact on the safe and
efficient movement of vehicular or pedestrian traffic.
(3)
The location and scale of the mural should be in keeping with and
enhance the building or structure on which it is located.
(4)
The proposed mural is well integrated with the building's facade
and other elements of the property and enhances the architecture or
aesthetics of a building or wall.
(5)
The proposed mural, by its design, construction, and location, will
not have a substantial adverse effect on abutting property or the
permitted use thereof.
(6)
The proposed mural is not detrimental to the public health, safety,
or welfare.
(7)
The mural will not have a detrimental effect on the structural integrity
of the wall on which it is applied/affixed.
(8)
The maintenance schedule is reasonable for the mural and the building
on which it is applied/affixed. Any deterioration, vandalism, and
other maintenance issues shall be addressed in a timely manner by
the artist and/or sponsoring organization. Failure to properly maintain
the mural will result in notification for removal.
(9)
Installations cannot obscure or detract from architectural features,
nor detract from the existing historic, architectural, and design
context of the site and surrounding area. The installation must respect
the community setting and have no tendency to overwhelm or be obtrusive.
(10)
Murals must be secured in a manner so that they will not create
potential hazards to the building, public, or surrounding property.
H.
Mural permit. No mural shall be installed unless written permission
is first obtained by the owner of the building upon which the mural
is to be placed, or the building owner's agent, and a mural permit
is obtained from the City of Lowell's Cultural Affairs and Special
Events (CASE) Office.
I.
Application requirements. Each permit application shall contain,
but not be limited to, the following information:
(1)
A brief proposal describing the scope of the project, including a
site plan showing the lot and building dimensions, and indicating
the proposed location of the mural.
(2)
Pictures of the building elevations.
(3)
A scale drawing and color photo of the building elevation showing
the proposed size and placement of the mural.
(4)
A colored drawing of the proposed mural.
(5)
A biography of the artist and/or the group installing the mural.
The City of Lowell reserves the right to ask for a portfolio of artwork
demonstrating the artist's prior experience undertaking a project
of this scope.
(6)
A description of the proposed maintenance schedule that indicates
the expected life of the mural, the maintenance plan for that period,
and method for removal, if applicable.
(7)
Written confirmation by the mural provider/installer that no damage
or negative impact will occur to the wall surface that the mural is
to be applied or affixed to.
(8)
Written permission from the owner of the building to which the mural
is intended to be applied, if applicant is not the building owner.
(9)
An acknowledgement that the mural must be removed or covered if so
ordered by the City of Lowell for failure to maintain or for reaching
a state of dilapidation.
J.
Mural permit approval.
(1)
A complete application shall be submitted to the Cultural Affairs
and Special Events (CASE) Office for review. CASE reserves the right
to consult with additional artist organizations in the City of Lowell
during the review process.
(2)
Applications for a mural permit in the Downtown Lowell Historic District
shall be distributed by CASE to the Lowell Historic Board for comment
regarding consistency and compliance with the Board's policy
on murals and/or public art. CASE shall coordinate, within 30 days
of receipt of a complete application, placing the application on an
upcoming Lowell Historic Board Agenda for consideration of the proposed
location.
(3)
Proposed murals located in the Downtown Lowell Historic District
will require location approval from the Lowell Historic Board.
(4)
All other mural permit applications will be reviewed and approved
by the City. No mural permit shall be approved unless CASE, or the
City Manager's designee, shall find that these requirements have
been fulfilled.
K.
Appeals.
(1)
The City reserves the right to deny applications based upon the standards
and qualifications contained in this ordinance, as well as other City
of Lowell policies. Appeals of any decision to approve or deny a mural
application must be made in writing to CASE within 10 days of the
decision. Said appeal shall be heard by representatives of CASE, the
Lowell Cultural Council, and the City Manager (or his/her designee);
this panel shall work with the owner/applicant and/or other appellant
to attempt to resolve conflicts collaboratively. If a resolution cannot
be met, the appeal panel will request that the appeal be placed on
a Lowell City Council Agenda for public discussion and vote.
(2)
This section shall not apply to the appeal of any Lowell Historic
Board decision, which shall be governed by the appeals process for
Lowell Historic Board actions laid out in Ch. 566, Sec. 12 of the
Acts of 1983.
L.
Fees. There is no fee to apply for a public mural project through
the Office of Cultural Affairs and Special Events. However, applicants
will be responsible for all City permits and fees that are required
for the execution of the project. This includes, but is not limited
to, relevant Historic Board application fees and/or notice requirement
fees, street closing permit(s), police details, DPW services, and
any other City services required to implement the project.
