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Section V – REGULATED CONDUCT

TOPIC: 
REGULATED CONDUCT    

SUBJECT:  
ALARMS

KEY WORDS:
FALSE ALARMS

CODE:             
ORD  V-1

AGENCIES:
POLICE, FIRE

DATES:
10/30/82

 

ELEMENTS:
Any person or persons within any calendar year,
activating, or causing to be activated any police or fire security alarm systems
privately owned and connected to a City of Lynn police or fire station for any
reason not found to be based upon need of the services of the responding police
or fire personnel shall be fined as follows:

 

PENALTIES:
FINE    In Calendar
Year – Unbased Responses


First and Second Offense – no fine


Third Offense- $25


Fourth Offense – $50


Fifth Offense and subsequent – $100

TOPIC: 
REGULATED CONDUCT

SUBJECT:  
ALCOHOL ON PREMISES

KEY WORDS:          
ALCOHOL

CODE:             
ORD  V-2

AGENCIES: 
LICENSING COMMISSION

DATES:
03/30/82

 

ELEMENTS:
Illegal for patrons to bring alcoholic

beverages on
the premises for their own consumption.

Licensees
are only permitted to keep small quantities of alcoholic beverages for the
preparation of specialty foods.

 

PENALTIES:
FINE – Not less than $300

TOPIC:
REGULATED CONDUCT 
 

SUBJECT:                  PUBLIC DRINKING

KEY WORDS:            ALCOHOL

CODE:

ORD  V-3

AGENCIES: 

DATES:
07/25/95, 09/15/82, _________, 07/10/73

ELEMENTS:
An Ordinance prohibiting the drinking of alcoholic beverages on public
streets; parks; playgrounds; conservation areas; any other land owned by the
City of Lynn and on private property without consent of the owner of said
property, or the consent of appropriate authority on city owned land.
This shall include drinking in motor vehicles in said places.

PENALTIES:                 FINE

First Offense
– Not less than $200

                        
Subsequent Offense – Not less than $300

TOPIC:
REGULATED CONDUCT    

SUBJECT:                 
SALE TO INTOXICATED PERSONS

KEY WORDS:            ALCOHOLIC BEVERAGES, LIQUOR, BEER,

OPIUM, DRUGS

CODE:

ORD  V-4

AGENCIES:
LICENSING COMMISSION

STATUTES: 

DATES:
11/13/90

 

ELEMENTS:         The sale of alcoholic beverages to any person intoxicated or to any
person who possesses gross and confirmed habits of intoxication caused by the
voluntary and excessive use of intoxicating liquor, opium or other drugs is
hereby prohibited.

 

PENALTIES:
FINE – $500 per violation

 

TOPIC :
REGULATED CONDUCT

SUBJECT:                  WASTE DISPOSAL IN CATCHBASINS

KEY WORDS:            OIL, GAS, DUMPING, SEWER

CODE:

ORD  V-5

AGENCIES:

STATUTES: 

DATES:
05/13/30

 

ELEMENTS:               Pre 1973 ordinance prohibits depositing or allowing any oil, gasoline or
waste (diluted or not), refuse, matter or thing of substance to be deposited in
any public catchbasin that could interfere with sewage operations. 

 

PENALTIES:
FINE – $20.

 

NOTE:             
SEE ORDINANCE 07/24/79

TOPIC:                     REGULATED CONDUCT

SUBJECT:                  YOUTH PROTECTION ORDINANCE

KEY WORDS:             CURFEW, MINORS

CODE:

ORD  V-6

AGENCIES:

STATUTES: 

DATES:
02/14/95, 06/12/94

 

ELEMENTS:         SECTION 1. An ordinance creating a Youth Protection Ordinance Imposing
Certain Restrictions upon Minors in the City of Lynn between the Hours of 12:01
a.m. and 6:00 a.m. is hereby established , and said ordinance shall provide as
follows.

1.1
Purpose.  The Youth
Protection Ordinance is intended to promote parental control and responsibility
for their minor children and protect juveniles form victimization and exposure
to criminal activity.

1.2
Definitions.

A)
Chief of Police means the Chief of Police of the City of Lynn or a
designated representative.

B)
City Solicitor means the City Solicitor of the City of Lynn or a
designated representative.

C)
Restricted hours means 12:01 a.m. until 6:00 a.m. or any day.

D)
Direct Route means the shortest reasonable path of travel to reach a
final destination without any detour or stop along the way.

E)
Emergency means a fire, a natural disaster, an automobile accident, or
any unforeseen situation requiring immediate action to prevent or care for a
serious bodily injury or loss of life.

F)
Establishment means any place of business to which the public is invited,
including but not limited to, any place of amusement or entertainment.

G)
Holding Location means a place designated by the Chief of Police to which
a minor taken into custody for a violation of this ordinance may be delivered to
await pickup by a parent or juvenile authorities.

H)
Minor or Juvenile means any person under the age of 18.

I)
Operation means any individual, firm, association, partnership, or
corporation operating, managing, or conducting business within any
establishment, or employee thereof.

J)
Parent means a person who is a natural, adoptive, or foster parent of
another person; or a court-appointed guardian of another person.

K)
Public Place means any street, alley, highway, parking lot, sidewalk,
playground, park, plaza, building or other property owned or controlled by a
government entity.

SECTION 2.
VIOLATION

2.1
Except provided in Section 3, a minor shall not enter or remain in any
public place during the restricted hours.

2.2
The owner, operator or employee of an establishment shall not allow any
person to enter or remain on the premises of the establishment during the
restricted hours unless person has:

(a)
proper identification demonstrating that such person is 18 years of age
or older.

(b)
Can demonstrate that such person is otherwise exempt from this ordinance.

(c)
All business opened after 12:00 a.m. shall be required to post notice of
curfew.


SECTION 3.  EXCEPTIONS AND DEFENSE


3.1 It shall not be a violation of Section 2,

if the minor is:

(a)
accompanied by the minor’s parents

(b)
engaged in an employment activity, or using a direct route to or from a
place or employment;

(c)
reacting or responding to an emergency;

(d)
attending or traveling to or from, by direct route, and official, school,
religious, or recreational activity, that is supervised by adults and is
sponsored by a governmental entity, civil or religious organization or other
similar entity that accepts responsibility for the juvenile as an invitee;

(e)
in a motor vehicle involved in interstate travel;

(f)
on the sidewalk abutting the minor’s residence or abutting the
residence or a next door neighbor if the neighbor if the neighbor did not
complain to the police department about the minor’s presence;

(g)
exercising First Amendment rights protected by the United States
Constitution, such as the free exercise of religion, freedom of speech, and the
right of assembly;

(h)
married or had been married.

3.2
It shall be a defense to prosecution under Section 2.2(b) the owner,
operator or employee of an establishment promptly notified the police department
that a minor was present on the premises of the establishment during the
restricted hours and that such minor refused to leave.

SECTION 4.
ENFORCEMENT

4.1
A law enforcement officer, upon finding a minor in violation of this
ordinance, shall:

(a)
order the minor to leave the restricted area for the remainder of the
restricted hours; or

(b)
take the minor into protective custody if the officer has reasonable
grounds to believe that the minor has been abandoned or neglected, or is
immediate danger form his surroundings and that his removal is necessary for his
own protection; or

(c)
issue a trespass warning of a specified duration.

4.2
When the minor is taken into custody under subsection 4.1(b), by a law
enforcement officer, he shall deliver the minor to a holding location or other
facility provided for by the City of Lynn.

4.3
The Chief of Police and his officers, agents, and designees are hereby
granted the authority to issue trespass warnings in any public place within the
City of Lynn, for the purpose of enforcing this ordinance.

 

PENALTIES:
FINE – Violation of Section 2 by an owner, operator,
or employee of an establishment – $300 per

violation

City Solicitor can contact
appropriate state agency and request
investigation if minor has three of more violations           

 

NOTE:
City Solicitor to review the ordinance after six months under defined
criteria.

TOPIC:
REGULATED CONDUCT                             
 

SUBJECT:                  WEAPON POSSESSION

KEY WORDS:            DANGEROUS WEAPON, KNIFE

CODE:

ORD  V-7

AGENCIES:

STATUTES: 
C. 269, SS. 10(b), 12

DATES:                       01/10/95, 07/08/75

 

ELEMENTS:               “No person, except as provided by law, shall carry on his person, or
under his control in a vehicle, including those weapons and instruments
mentioned in Chapter 269 of the General Laws of Massachusetts, Section 10, in
paragraph (b) and Section 12, any weapon or object commonly called
“nun-chucks” of any substance or material, a shotgun having a barrel less
than eighteen 18 inches in length, any saber, sword, or weapon of like or
similar nature; any knife having any type of blade in excess of two and one-half
(2 ½ ) inches, (except when actually engaged in hunting or fishing or in going
directly to and / or returning directly from such activities, or any employment
which requires the use of any type of knife), ice picks, dirks, or similar
weapons that are likely to penetrate through police officer’s ballistic bests,
or other object tool so redesigned, fashioned, prepared or treated that the same
may be used to inflict bodily harm or injury to another.”

 

PENALTIES:
RIGHT OF ARREST, FINE – $100 per offense.

$300 if within a Park, playground or on

school property

TOPIC:
REGULATED CONDUCT                             
 

SUBJECT:                 
DEFACING OF PROPERTY

KEY WORDS:
           

CODE:

ORD  V-8

AGENCIES:               POLICE, SCHOOL, DPW, BUILDING

DEPTS. & DESIGNEES

STATUTES: 

DATES:
07/25/95, 05/04/93

 

ELEMENTS:               “No person shall, within the City of Lynn, willfully, intentionally and
without right, deface, mar, mark, destroy, interfere with, or otherwise injure
any building or signboard or structure of any kind, nor motor vehicle of any
kind, whether said building, signboard, structure or motor vehicle is [on]
publicly or privately owned property.”

 

PENALTIES:               RIGHT OF ARREST IN PRESENCE


FINE / COMMUNITY
SERVICE – $300 per offense.  

  Community Service at defendant’s option including personally removing damage in lieu of fine.  Time
and type of service to be determined by city enforcement department or court.

 

ENFORCEMENT:     POLICE, SCHOOL, DPW, BUILDING, & DESIGNEES.
Designees of such departments to forward complaints or violations to Lynn
Police Chief.

TOPIC:
REGULATED CONDUCT

SUBJECT:  
DISORDERLY CONDUCT

KEY WORDS:
           

CODE:
ORD  V-9

AGENCIES:

STATUTES: 

DATES:                       10/14/86

 

ELEMENTS:               “No person shall behave himself in a rude, indecent, of disorderly
manner, or use any indecent, profane or insulting language in any street or
public place, to the annoyance or disturbance of any person.

 

PENALTIES:
FINE – Not more than $200 per offense.

TOPIC:
REGULATED CONDUCT, TRAFFIC
                       

SUBJECT:                  PEDESTRIAN CONTROL REGULATIONS

KEY WORDS:            HITCHHIKING

CODE:

ORD  V-10

AGENCIES:

STATUTES: 

DATES:
01/10/95, 02/26/80

 

ELEMENTS:  
“No person shall stand in a roadway for the purpose of soliciting a
ride, employment, or business from the operator or occupant of any vehicle, nor
shall any operator or occupant of any vehicle solicit or accept a ride,
employment or business, without the written permission of the board or officer
having control of such roadway or highway.

 

PENALTIES:
FINE – $300 per offense

 

NOTE:                         Above ordinances are amendments to general ordinance regarding regulation
of traffic, and comes under Art. XIV.

TOPIC:
REGULATED CONDUCT

SUBJECT:                  ENGAGING IN SEXUAL CONDUCT FOR FEE

KEY WORDS:            JOHN LAW

CODE:

ORD  V-11

AGENCIES:

STATUTES: 

DATES:
02/12/91, 03/01/83

 

ELEMENTS:               “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 Five Hundred ($500) Dollars, and / or a minimum of forty (40)
hours nor more than a maximum of one hundred (100) hours community service at
the discretion of the Court.”

 

PENALTIES:
FINE – $500 and / or 40 – 100 hours community

service.

TOPIC:
REGULATED CONDUCT

SUBJECT:                  LOITERING

KEY WORDS:            IDLE, SAUNTER, HANG AROUND

CODE:

ORD  V-12

AGENCIES:

STATUTES: 

DATES:
11/27/90, 10/14/86, 04/28/81, 11/14/78, 06/11/74

 

ELEMENTS:               “No person or group of persons shall saunter or loiter in a street,
sidewalk, school yards, parks and playgrounds, or other public place in such a
manner as to unreasonably obstruct or endanger pedestrians or vehicular traffic
or in a manner likely to cause a breach of the peace or incite a riot; but
nothing in this section shall be construed to curtail, abridge or limit the
right or opportunity of any person to exercise the right of peaceful persuasion
guaranteed by [C. 149, S. 24] or to curtail, abridge or limit the intendment of
any statute of the Commonwealth…”

“’Loitering’
shall mean remaining idle in essentially one location and shall include the
concept of spending time idly; to be dilatory; to linger; to stay; to saunter;
to delay; to stand around and shall also include the colloquial expression
‘hanging around’.”

 

PENALTIES:
FINE – $100 per offense

                        
COMMUNITY SERVICE – Min. 25 hrs, Max. 50 hrs.

 

TOPIC :
REGULATED CONDUCT                            

SUBJECT:                  LYNN WOODS RESERVATION REGULATIONS

KEY WORDS:            RESERVOIR

CODE:

ORD  V-13

AGENCIES:
POLICE, ACO, DPW, WATER & SEWER, PARK COMMISSION,
RANGER

STATUTES: 
C. 45, S. 24, C. 90, S. 22C, C. 272, S. 59

DATES:
11/18/97

 

ELEMENTS: 
SECTION 1.  Hours of
operation. 

Dawn to Dusk unless otherwise
posted.


SECTION 2.  Public Property
and water quality protection.


Prohibits persons engaging in the following activities unless permitted
by legislation, special regulation or permit from Park or Water & Sewer
Commissions.

A.
All acts which pollute or tend to pollute the water supply are
prohibited.

B.
Littering or disposal of refuse is prohibited.

C.
No person shall fish, swim, bathe, boat, or permit any animal under his /
her control in the waters.

D.
Going upon the ice, cutting or taking the ice, or driving animals upon
the ice.

E.
Removal or damage to any structure, sign, plant, tree or natural feature
is strictly prohibited.

F.
No fires are permitted.  No
person shall use smoking materials during periods of extreme fire hazard as
determined and posted by the Park Rangers or other agents.

G.
No person shall remove or disturb historic artifacts.

H.
Possession of metal detectors in Lynn Woods Reservation is prohibited.

SECTION 3.
Vehicles.

A.
Any unauthorized motor vehicles including motorized all-terrain vehicles,
buggies, wheeled vehicles, and snowmobiles, registered or unregistered, found
within the Lynn Woods Reservation are prohibited and shall be deemed forfeited,
and shall be disposed of as provided in C. 90, S. 22C.

B.
Parking is prohibited, except in Great Woods Road and Pennybrook Road
parking lots.

SECTION 4.
Recreational activities.

A.
Camping, grills, stoves, and fires are prohibited, except with permit.

B.
No person shall discharge or have in his / her possession any dangerous
weapon, bow and arrows, firearms, air rifles, bb guns, paint ball guns, sling
shots, fireworks, or any explosive.

C.
No person may hunt, shoot, trap or otherwise harm animals or birds in
Lynn Woods Reservation.

D.
Possession or use of alcoholic beverages or controlled substances is
prohibited.

E.
The Lynn anti-noise pollution ordinance is applicable to Lynn Woods
Reservation and shall be enforced.

F.
Games shall be played in designated areas only.

G.
No person shall engage in repelling, or climbing any structure or tree in
Lynn Woods Reservation, unless permission thereof is given by the Board of Park
Commissioners.

H.
Groups of 15 or more people need a special-use permit.

SECTION 5.
Trail Recreation.

A.
Within the Lynn Woods Reservation bicycles are:

1.
Prohibited on the reservation from January 1 – April 15, unless
otherwise posted.

2.
Permitted only on the main roads, white blazed, or blue blazed from April
15 – December 31.

3.
Prohibited riding off-trail (i.e. through the forest not following roads
or marked trails.

4.
Prohibited from riding on trails posted as “foot traffic only” or
other designation.

B.
Within the Lynn Woods Reservation horses are:

1.
Permitted on main roads only.

2.
Horseback riders must ride single file on right-hand side of main roads.

3.
Horseback riders must not run horses.

4.
An experienced rider must accompany inexperienced riders.

C.
Marking trails, trees, rocks or anything in Lynn Woods Reservation with
any materials, without the authorization and supervision of the Park Rangers is
prohibited.

D.
Damaging, destroying or removing any barriers, signs, erosion control
structures, or any other trail feature is prohibited.

E.
Bicyclists must yield right of way to pedestrians and horseback riders.

SECTION 6.
Commercial purposes.

A.
No person shall sell, keep, offer, or expose for sale, any goods, wares,
merchandise, newspapers or solicit or collect subscriptions or contributions
unless permission thereof is given by the Board of Park Commissioners.

B.
No commercial signs, notices, or leaflets or any kind are permitted.

C.
No gambling, lotteries, raffles, and games of chance are allowed.

SECTION 7.
Animal control.

A.
The Lynn ordinance requiring dogs to be restrained is applicable to Lynn
Woods Reservation.

B.
No person shall capture, trap, or release animals, except with permit and
notification of Park Ranger.

C.
Dog owners are responsible for removing fecal waste left by the owner’s
dog on any road, trail, parking lot, field, or other public way found in the
Lynn Woods Reservation.

SECTION 8.
Public Assembly.

A.
Public assemblies or events require a special-use permit from the Board
of Park Commissioners.

B.
Group assemblies may be required to provide sanitary facilities,
appropriate supervision if children are involved, insurance coverage, police
protection, and any other such requirements as deemed necessary by either the
Board of Park Commissioners or Lynn Water & Sewer Commission.

C.
Groups may be required to submit a $240 deposit for clean up after the
event, and are required to leave the site(s) in the condition in which it was
found.

SECTION 9.
Laws, regulations and limitations.

A.
All persons in Lynn Woods Reservation shall obey the lawful directions of
regulatory signs, Rangers, Police Officers, Dog Officer, or Lynn Water &
Sewer Commission employees, and Park Commissioners.

B.
All Federal, State and Local by-laws, ordinances and regulations must be
observed and shall be enforced.

C.
The Board of Park Commissioners and / or Lynn Water & Sewer
Commission reserve the right to prohibit acts that are not specified herein
which harm Lynn Woods Reservation or the reservoirs.

PENALTIES:
Right of Arrest

FINE – Not
more than $200 per violation

 

NOTE:
The fine for each violation shall not be more than $200 for each
violation thereof, as provided in C. 45, S. 24, as amended by C. 211 of the Acts
of 1977.

Person violating the foregoing
may be arrested under C. 272, S. 59 of the M.G.L., or as provided for in local
ordinances contained herein.

TOPIC:
REGULATED CONDUCT

SUBJECT:                  NOISE ORDINANCE

KEY WORDS:
           

CODE:

ORD  V-14

AGENCIES:                POLICE

STATUTES: 
C. 40 S. 21D

DATES:
04/14/98, 01/26/93, 09/10/91, 07/14/87

 

ELEMENTS:  
SECTION 2.  PURPOSE


SECTION 3.  It shall be
unlawful for any person to willfully make or continue or cause to be made or
continued, any loud, unnecessary or unusual noise which disturbs the peace or
quiet of any neighborhood or which causes discomfort or annoyance to any
reasonable person of normal sensitiveness residing in the area.
The standards which shall be considered in determining whether a
violation of the provisions of this section exists shall include, but not be
limited to, the following:

1.
The level of the noise.

2.
The intensity of the noise.

3.
Whether the nature of the noise is usual or unusual.

4.
Whether the origin of the noise is natural or unnatural.

5.
The level and intensity of the background noise, if any.

6.
The proximity of the noise to residential sleeping facilities.

7.
The nature of zoning or the area within which the noise emanates.

8.
The density of the inhabitation of the area within which the noise
emanates.

9.
The time of the day or night the noise occurs.

10.
The duration of the noise.

11.
Whether the noise is recurrent, intermittent or constant.

12.
Whether the noise is produced by commercial or noncommercial activity.

SECTION 4.
The following acts, among others, are declared to be loud, disturbing and
unnecessary noises in violation of this ordinance, but said enumeration shall
not be deemed to be exclusive, namely:

A)
Horns, signaling devices etc.  The
sounding of any horn or signaling device on any automobile, motorcycle, street
car or other vehicle on any street or public place or the city, except as a
danger warning; the creation by means of any signaling device of any
unreasonably loud or harsh noise; and the sounding of any such device of an
unnecessary and unreasonable period of time.  The use of any such signaling device when traffic is for any
reason held up.

B)
Radios, Boom Boxes, Phonographs etc.  The using, operating or permitting to be played, used or
operated any radio, boom box, receiving set, musical instrument, phonograph, or
other machine or device for the producing or reproducing of sound in such a
manner as to disturb the peace, quiet and comfort of the neighboring inhabitants
or at any time with louder volume than is necessary for convenient hearing for
the person or persons who are in the room, vehicle or chamber in which such
machine or device and in such a manner as to be plainly audible from the
building, structure or vehicle in which it is located, shall be prima facie
evidence of a violation of this section.

C)
Loud Speakers, Amplifiers for Advertising.
The using, operating or permitting to be played, used, or operated of any
radio receiving set, musical instrument, phonograph, loudspeaker, sound
amplifier, or other machine of device for the producing or reproducing of sound
which is caused upon the public streets for the purpose of commercial
advertising or attracting the attention of the public to any building or
structure.

D)
Yelling, Shouting etc.  Yelling,
shouting, hooting, whistling, or singing on the public streets, particularly
between 23:00 and 07:00 or at any time or place, so as to annoy or disturb the
quiet, comfort, or repose or persons in any office, or in any dwelling, hotel or
other type of residence, or of any persons in the vicinity.

E)
Deleted 01/26/93

F)
Steam Whistles.  The blowing
of any locomotive steam whistle or steam whistle attached to any stationary
boiler except to give notice of the time to begin or stop work or as a warning
of fire or danger, or upon request of proper city authorities.

G)
Exhaust.  The discharge into
the open air of the exhaust of any steam engine, stationary internal combustion
engine, motor boat, motor vehicle, or motor cycle, except through a muffler or
other device which will effectively prevent loud or explosive noises therefrom.

H)
Defect in Vehicle or Load.  The
use of any automobile, motorcycle, or vehicle so out of repair, so loaded or in
such manner as to create loud and unnecessary grating, grinding, rattling or
other noise.

I)
Construction or Repairing of Buildings.
The erection (including excavation), demolition, alteration or repair of
any building other than between the hours of 07:00 and 18:00 on week days,
except in case of urgent necessity in the interest of public health and safety,
and then only with a permit from the Building Inspector, which may be granted
for a period not to exceed 3 days or less while the emergency continues and
which permit may be renewed for periods of 3 days or less while the emergency
continues.  If the Building Inspector should determine that the public
health and safety will not be impaired by the erection, demolition, alteration
or repair of any building or the excavation of streets and highways within the
hours of 18:00 and 07:00, and if he shall further determine that loss or
inconvenience would result to any party in interest, he may grant permission for
such work to be done within the hours of 18:00 and 07:00, upon application being
made at the time the permit for the work is awarded or during the progress of
the work.

J)
Schools, Courts, Churches, Hospitals.
The creation of any excessive noise on any street adjacent to any school,
institution of learning, church or court while the same are in use, or adjacent
to any hospital, which unreasonably interferes with the workings of such
institution, or which disturbs or unduly annoys patients in the hospital,
provided conspicuous signs are displayed in such streets indicating that the
same is a school, hospital or court street.

K)
Hawkers, Peddlers.  The
shouting and crying of peddlers and vendors which disturbs the neighborhood.

L)
Drums.  The use of any drum
or other instrument or device for the purpose of attracting attention by
creation of noise to any performance, show or sale.

M)
Metal Rails, Pillars and Columns Transportation thereof.
The transportation of rails, pillars or columns or iron, steel or other
material, over and along streets and other public places upon carts, trays,
cars, trucks, or in any other manner so loaded as to cause loud noises or as to
disturb the peace and quiet of such streets or other public places.

N)
Pile Drivers, Hammers, etc.  The
operation of any pile driver, steam shovel, pneumatic hammer, derrick steam or
electric hoist or other appliance, the use of which is attended by loud or
unusual noise, except as allowed in subsection (I), as aforesaid.

O)
Blowers.  The operation of
any noise-creating blower or power fan or any internal combustion engine, the
operation of which causes noise due to explosion of operating gases or fluids,
unless the noises from such blower or fan is muffled and such engine is equipped
with a muffler device sufficient to deaden such noise.

P)
It shall be unlawful for the owner of premises to knowingly permit the
making, creation or maintenance of unreasonably loud noises upon any premises
owned or possessed by him or under his control.

SECTION 5.
Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined Three
Hundred ($300) Dollars which money shall inure to the City of Lynn.
Each day such violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as offense and shall be
punishable as such hereunder

The Lynn Police Department shall
be the enforcing authority for all purposes.

SECTION 6.
Manner of Enforcement.  Fines
shall be recovered by non-criminal disposition pursuant to the provisions of C.
40, S. 21D

SECTION 7.
Additional Remedy, Injunction.  As
an additional remedy, the operation or maintenance of any device, instrument,
vehicle, or machinery in violation of any provision hereof and which causes
discomfort or annoyance to reasonable persons or formal sensitiveness or which
endangers the comfort, repose, health or peace of residents in the area shall be
deemed, and is declared to be, a public nuisance and may be subject to abatement
summarily by restraining order or injunction issued by a court of competent
jurisdiction.

SECTION 8.
SEPARABILITY CLAUSE


PENALTIES:
FINE – $300 per offense after conviction

                        
Fines recovered pursuant to C. 40. S. 21D.

                        
Alternative remedies provide for restraining orders,

injunction.

 

ENFORCEMENT:     POLICE

TOPIC :
REGULATED CONDUCT

SUBJECT:                  PARK RULES

KEY WORDS:            PLAYGROUNDS

CODE:

ORD  V-15

AGENCIES:

STATUTES:               C. 45, SS. 5, 24, C. 272, S. 59

DATES:
07/11/78

 

ELEMENTS: 
Park Commission rules for any land taken or held for park and playground
purposes.


SECTION 1.  No person shall
cut, break, write on, injure, deface, defile, or ill use any building, or
contents or any building, fence or other structure, or any tree, shrub, bush,
sod, turf, plant, or flower (wild or cultivated) or any other thing or property
on said land.


SECTION 2.  No person shall
take or remove from the ground or have in his or her possession, any tree,
shrub, bush, sod, turf, plant or flower (wild or cultivated) which has been
taken or removed from the ground, notwithstanding by whom so taken or so
removed, except employees in the discharge or their duties.


SECTION 3.  No person shall
throw stones or other missiles or discharge or carry on his person, or in any
vehicle, firearms, except members of the Lynn Police Department in the discharge
of their duties.  No person shall
discharge or carry on his person or in any vehicle, firecrackers, torpedoes,
fireworks, or other explosive without permission of the Board of Park
Commissioners; nor have or keep for sale, any beverage without permission from
the Board of Park Commissioners; nor paste or display or carry or pass signs,
placards, flags, advertising devices, cards, programs, or other articles,
without permission from the Board of Park Commissioners; nor play or be present
at games of chance or other unlawful games, or have possession of implements of
gambling, nor behave in a rude or disorderly manner, or use any indecent,
profane or insulting language or do any obscene or indecent act; or bathe or
fish; or solicit the acquaintance of or follow, or otherwise annoy, molest or
disturb any person or person, including persons of the opposite sex; nor to make
any speeches or addresses, or conduct or take part in or be present at meetings,
concerts, gatherings, or parades, without permission from the Board of Park
Commissioners; nor hunt or run dogs for hunting.


SECTION 4.  No person shall
sell, keep or offer or expose for sale, any goods, wares, merchandise,
newspapers or magazines or solicit or collect subscriptions or contributions,
unless permission thereof is given by the Board of Park Commissioners.


SECTION 5.  No person shall
make a fire except in the municipal fireplace provided for the same and not
until permission so to do has been given by the Board of Park Commissioners and
then only, under the supervision of the caretaker.


SECTION 6.  No person or
persons shall play at baseball, football, tennis or any other game or sport
except on ground allocated therefor by the Board of Park Commissioners or the
Superintendent of Parks and grounds, and then only after a specific permit
therefor in each instance, from the Board of Park Commissioners.


SECTION 7.  No person shall
play at golf or use any part of land and building allocated as a golf course
without having paid the required fee and secured permission therefor from the
Board of Park Commissioners, Superintendent of Parks and grounds or other
employee of the Park Commissioners, designated thereto.


SECTION 8.  No person shall
play golf or use, walk upon or so conduct himself or herself upon any golf
course in such a manner as to annoy, disturb or otherwise interfere with another
person or persons lawfully using such golf course, nor to violate posted rules,
nor be or remain upon any part of the golf course after having been requested to
leave by the Board of Park Commissioners, or members thereof, Park Police,
Police Officers of the City of Lynn or other employees of the Board of Park
Commissioners.


SECTION 9.  No person shall
trespass on any park, playground, athletic field, tennis court or golf course,
nor interfere with the proper use thereof by persons using the same under permit
of the Board of Park Commissioners or Superintendent of Parks and grounds or
other employee of the Board of Park Commissioners designated thereto; no person
shall obstruct, hinder or impede the movement of work of employees of the Park
Department or vehicles of said department.


SECTION 10.  No person shall
drive an automobile in Lynn Woods or the land constituting Lynn Woods at a speed
greater than fifteen miles per hour; no person shall drive an automobile in Lynn
Woods who has not been licensed to operate motor vehicles and no dealers or
other persons shall demonstrate automobiles or instruct any person in the
driving thereof in Lynn Woods or on any park, playground or other land under the
control of the Board of Park Commissioners.


SECTION 11.  All playgrounds
and parks shall be closed at sunset, unless otherwise specifically ordered by
the Board of Park Commissioners.


This rule shall be waived if on a special lighted surface as follows:
Softball until 11 P.M.  Tennis
and Basketball until 10 P.M.


SECTION 12.  No person shall
be or remain in or upon or stay in any playground or park after sunset, and no
person shall enter into or upon playgrounds or parks after sunset, except as
otherwise provided for under rule #11.


SECTION 13.  No person shall
carry on his person, sell, give away or consume any alcoholic liquors, beer,
ale, wine, or other beverage containing or having an alcoholic content while
within the confines of any Park, Playground, Lynn Commons, Lynn Woods
Reservation or other lands under the control of the Board of Park Commissioners.


SECTION 14.  No person shall
operate or have in his possession a motorcycle as defined in C. 90, S. 1, or
recreational vehicles C. 90B, S. 20, or trail bike or Moped, within the confines
of the Lynn Woods Reservation, any Park, or Playground within the City of Lynn,
the Lynn Commons, nor park any vehicle on said lands under the control of the
Board of Park Commissioners.


SECTION 15.  Rules for
horseback riders in Lynn Woods.


See Lynn Woods Reservation Regulations

PENALTIES:             Right of Arrest

                        
FINE – Not more than $200.

The fine for each violation shall
not be more than $200 for each violation thereof, as provided in C. 45, S. 24 of
the M.G.L. as amended by C. 211 of the Acts or 1977.           

Persons violating the foregoing
may be arrested under C. 272, S. 59 of the M.G.L.

TOPIC:
REGULATED CONDUCT

SUBJECT:                  PUBLIC URINATION AND DEFECATION

KEY WORDS:            DISORDERLY CONDUCT

CODE:
ORD  V-16

AGENCIES:

STATUTES: 

DATES:                      11/18/86

 

ELEMENTS:  
“No person shall urinate or defecate in any way or form, in or upon any
private, public or city owned property, within the City of Lynn, so as can be
seen or implied that such is taking place.”

 

PENALTIES:
RIGHT OF ARREST, FINE – $200 per offense.

TOPIC:
REGULATED CONDUCT

SUBJECT:  
SEINING

KEY WORDS:            FISHING, NET

CODE:

ORD  V-17

AGENCIES:

STATUTES: 

DATES:
11/13/73

 

ELEMENTS:  
Ordinance prohibits seining on territorial waters in the City of Lynn.


A seine is a net with floats and weights used for fishing.

 

PENALTIES:
Not defined

TOPIC:
REGULATED CONDUCT                             
 

SUBJECT:                  THEFT OF SHOPPING CARTS

KEY WORDS:            SHOPLIFT

CODE:
ORD  V-18

AGENCIES:

STATUTES: 

DATES:
12/17/96

 

ELEMENTS:               “It shall be unlawful for any person to remove from the premises of a
supermarket/grocery store, a shopping cart owned by said store.”
Any person caught in the possession of a shopping cart off the premises
shall be punished:

 

PENALTIES:
FINE – $100 AND 10 hours community service at

discretion of a court
of competent jurisdiction

TOPIC:
REGULATED CONDUCT

SUBJECT:  
SKATEBOARDING ON LIBRARY PROPERTY

KEY WORDS:            DISORDERLY CONDUCT

CODE:
ORD  V-19

AGENCIES:

STATUTES: 

DATES:
08/14/90

 

ELEMENTS:  
Prohibits skateboarding on all City of Lynn Library properties.

 

PENALTIES:
FINE $50

TOPIC :
REGULATED CONDUCT

SUBJECT:                 MINOR POSSESSION OF TOBACCO

KEY WORDS:
           

CODE:

ORD V-20

AGENCIES:               CITY CLERK, PARKING DEPT.

STATUTES: 

DATES:
07/08/97, 10/08/96

 

ELEMENTS:               “No person under 18 years of age shall purchase, possess or use any
tobacco product.”


Excludes persons under 18 that must handle tobacco products during their
employment.


A person under 18 shall not misrepresent his or her age for the purpose
of purchasing tobacco.


Non criminal disposition available under C. 40 S. 21D, or criminal
complaint filed at the appropriate venue.

                                   

PENALTIES:               Immediate confiscation of tobacco products.

                        
1st Offense:  Successful
completion of the Lynn

Community Health’s Smoking Cessation Program

within a two (2) month period
of the violation.
If said program is not completed within a  two (2) month

period a $100 fine will be imposed.

2nd Offense:
$100 fine or successful completion of 20 hours of community service.

3rd and Subsequent
Offense:  $100 fine.

 

ENFORCEMENT:     Enforcement of this ordinance shall be implemented by the Lynn Board of
Health, it’s agents, designees or appointees and the Lynn Police Department.


City Clerk or his designee, the Parking Dept. and the Health Dept. can
act as fine collector.


Department of Community Development will administer, enforce and oversee,
at its discretion any and all persons deemed by the Lynn Board of Health to
participate in Community service.

TOPIC :
REGULATED CONDUCT

SUBJECT:                  TRESPASSING

KEY WORDS:
           

CODE:

ORD V-21

AGENCIES:
POLICE, SHERIFF, CONSTABLE

STATUTES: 

DATES:
03/12/91

 

ELEMENTS:               “No person shall without right, enter or remain in or upon the dwelling
house, buildings, improved or enclosed land, after having been forbidden to do
so by the person who has lawful control of said premises, whether directly or by
posted notice thereon.”

 

PENALTIES:               RIGHT OF ARREST, FINE – Not more than $25

and / or Community service at discretion of the

Court.

TOPIC:
REGULATED CONDUCT, SERVICES

SUBJECT:                  PROTECTION OF WATER SUPPLY

KEY WORDS:            RESERVOIR

CODE:

ORD V-22

AGENCIES:

STATUTES: 

DATES:
07/08/75

 

ELEMENTS:  
No person shall bathe, swim, operate a boat or otherwise enter a pond,
stream, or reservoir, the water of which is used by the City of Lynn for
domestic water supply.

No person shall cause or allow a
dog or other animal under the   ownership
or control of said person to enter a pond, stream or reservoir used for domestic
water supply.

PENALTIES:
RIGHT OF ARREST

                        
FINE – Not less than $20 nor more than

$50 per offense.

 

NOTE:
Check Lynn Woods rules.

TOPIC :
REGULATED CONDUCT

SUBJECT:                  METHADONE DISTRIBUTION PROGRAM

KEY WORDS:
           

CODE:

ORD V-23 

AGENCIES:
MASS. DEPT OF HEALTH, CITY COUNCIL

STATUTES: 

DATES:
04/13/99

 

ELEMENTS: 
All methadone distribution  programs
which have been approved by the Massachusetts Department of Public Health shall
be required to obtain the approval of the Lynn City Council prior to
implementation of any methadone distribution program in the City of Lynn

 

PENALTIES:
Not stated.

TOPIC :
REGULATED CONDUCT

SUBJECT:                  NEEDLE EXCHANGE PROGRAM

KEY WORDS:
           

CODE:

ORD V-24 

AGENCIES:
MASS. DEPT OF HEALTH, CITY COUNCIL

STATUTES: 
C. 111, S. 215

DATES:
04/13/99

 

ELEMENTS: 
All needle exchange programs which have been approved by the
Massachusetts Department of Public Health pursuant to C. 111, S. 215 shall be
required to obtain the approval of the Lynn City Council prior to implementation
of any needle exchange program in the City of Lynn

 

PENALTIES:
Not stated.

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