ARTICLE XIV

POLICE REGULATIONS

Section 1. Digging or Other Alterations in a Public Way No person shall break or dig up the ground in any street for any purpose whatever, or set or place any fence, post, tree, or edgestone, or alter or change the grade or width of any public way, without the written license of the Select Board, which shall prescribe the limitations or restrictions of such license.

Section 2. Obstructions of Public Ways and Sidewalks No person shall place, or cause to be placed, upon any public way or sidewalk, any lumber, iron, wood, coal, trunk, bale, box, crate, cask, barrel, package or other thing, and allow the same to remain for more than one hour, or more than ten minutes after being notified by a police officer to remove the same, provided that the provisions of this section shall not apply to placing of ashes, refuse or garbage in proper receptacles for collection under public authority.

Section 3. License Required for Certain Uses of Public Ways Every person intending to erect, repair, or take down any building on land abutting on any street or way which the Town is required to keep in repair, and who desires to make use of any portion of said street or way for the purpose of placing therein building materials or rubbish shall give notice thereof to the Select Board. The Select Board may grant a permit to occupy a portion of said street or way, and such permit shall be upon the conditions that the licensee shall keep a sufficient number of lighted lanterns at or near the part of the street or way obstructed or unsafe, and shall keep a railing or guard around the same, while such obstruction shall continue. If such obstruction is more than a temporary condition, the licensee shall place a good temporary walk around said obstruction, and at the completion of the work shall restore the street or way to its former condition.

Before issuing a license as specified in the preceding paragraph the person applying for the same shall execute a written agreement to indemnify and give sufficient bond to save harmless the Town against and from all damages by reason of cost or expense it may suffer or be put to by reason of any claim for damages or by reason of any proceeding criminal or civil on account of the existence of such obstruction or excavation.

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Section 4. Guard Posts and Light Required in Public Ways No person shall leave any vehicle or material or place any obstruction in any sidewalk, street or public place and suffer the same to remain there overnight without maintaining a sufficient light and suitable guards over or near the same throughout the night, nor allow the same to remain after notice from a police officer, constable or the Select Board to remove the same.

Section 5. Littering 14-5 Whoever places, throws, deposits, discharges or causes to be placed, thrown, deposited or discharged any thrash, bottles, cans, refuse, rubbish, garbage, debris, scrap, waste, or any other material of any kind on the property of another on any land not assigned by the Board of Health in accordance with the provisions of Section one hundred and fifty A of Chapter one hundred eleven of the General Laws as a dumping ground shall, if such action is not punishable by citation under the provisions of Section sixteen and sixteen A of Chapter two hundred seventy of the General Laws, be punished pursuant to this by-law to the maximum amount permitted by law whether computed for each day on which a violation occurs, or, continues or for each item discarded constituting a separate offense, or some combination thereof.

Section 6. Effluent, Rubbish, Garbage No person shall place or cause to be placed in any street or way, public or private, of this Town, the content of any sink, cesspool, or privy, nor place or cause to be placed any rubbish or garbage therein, except in proper containers for the immediate removal therefrom.

Section 7. Fruit Skins, etc No person shall throw upon any sidewalk or crosswalk, any banana skin, orange peel, or any slippery or greasy substance.

Section 8. Ice or Snow No person shall throw or place or cause to be thrown or placed, any ice or snow into or upon any public way in such a manner as to obstruct traffic or endanger travel upon the public way.

Section 9. Activities Restricted No person shall engage in any game, sport or amusement in any public way, whereby the free, safe, and convenient use thereof by travelers thereon shall in any way be interrupted, or the occupants of adjoining premises annoyed or disturbed.

Section 10. Markings No person, unless required by Law so to do, shall make any marks, letters, figures of any kind upon or against any wall, fence, post, ledge, stone, building or

14-5 Article XIV, Section 5 was deleted in its entirety and replaced by a new Section 5 by action taken under article 43, ATM May 5, 1999. 53

structure, in or upon any public way in the Town without the permission of the owner thereof nor upon any sidewalk or upon any property of the Town without the consent of the Select Board.

Section 11. Littering No person shall deposit papers, circular or advertising matter of any kind in the public ways of the Town nor distribute the same through the Town in such manner as to create a nuisance or litter.

Section 12. Bonfires No person shall make a bonfire in any public way or place without first obtaining in writing the permission of the Chief of the Fire Department.

Section 13. Discharge of Firearms, Fireworks 14-13 No person shall, except in the performance of some duty required or justified by Law, or in abating a nuisance, or in the lawful defense of the person, family or property of any citizen, or at any military exercise, or upon written permission of the Select Board, discharge any air gun or gun, pistol or other firearm, in or upon any street or public place, or within 300 feet thereof, or in any building or within 300 feet of any building in the Town.

No person shall explode or cause to be exploded any squib, cracker serpent or other preparation which consist wholly or in part of gun powder or other explosive, upon any street or public place within the Town, except on such occasion and of such character and kind as the Chief of Police may, by public notice, permit.

Section 14. (Disallowed by the Attorney-General)

Section 15. Public Drinking 14-15 (a) Whoever shall, within the limits of any public way located within the town, whether that public way be a town way, county highway, state highway, or a private way open to the public, consume intoxicating beverages, shall be punished by a fine not exceeding twenty-five dollars. This section shall also be construed to prohibit the following: The consumption of intoxicating beverages by any person while that person is standing, sitting, walking, running or otherwise present within such way or is within any vehicle, whether parked or moving, which is within the limits of such public way.

(b) Whoever shall consume any intoxicating beverages in any public building, or on any public property, including, parks, cemeteries, school houses and school grounds, and public squares, or in any private way or parking area

14-13 As amended by article 48, ATM 1975, See section 42 of this article for another by-law of similar character. 14-15 Inserted under article 35, ATM 1975. 54

regulated under the provisions of Chapter 90, section 18 of the General Laws shall be punished by a fine not exceeding twenty-five dollars.

(c) The foregoing paragraphs (a) and (b) shall not apply to any activity licensed by the Select Board under the applicable provisions of the Massachusetts General Laws.

(d) It shall be the duty of any police officer of the town to arrest any person who violates the provisions of paragraphs (a) and (b) and to cause such person to be brought before a Justice of the District Court of Southern Norfolk County, Stoughton, Massachusetts upon a complaint for violation thereof.

Section 16. (Disallowed by the Attorney-General)

Section 17. (Disallowed by the Attorney-General)

Section 18. Markings No person shall make indecent figures, or write any obscene words upon, or deface by marks, in any manner, any fence, building, sidewalk, crosswalk or ledge in the Town.

Section 19. Coasting No person shall coast upon any sidewalk in the town, nor shall any person coast upon any of the public ways of the Town except upon such streets as the Select Board may designate each year by public notice.

Section 20. Coasting, Continued Said streets may be posted by barriers and any unauthorized person or persons moving such barriers shall be subject to a fine of not more than twenty ($20) dollars for each offense.

Section 21. Nude Bathing No person shall bathe or swim in the open in any waters within the Town in a state of nudity.

Section 22. (Disallowed by the Attorney-General)

Section 23. Permission of Police Chief, Sales No person shall place or keep any table, stall, booth, cart or other structure, in any public way or other public place in the Town or upon any sidewalk for the sale of food, fruit, merchandise or other thing, without permission first being obtained from the Chief of Police.

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Section 24. Permission of Chief, Overhanging Objects No person shall construct, erect, place, establish or maintain any signboard, shade or awning over any part of a public street or sidewalk unless the same be securely and safely supported and unless the lowest part of said signboard be not less than ten feet, and the lowest part of said shade or awning be not less than seven feet above the level of such street, or sidewalk; nor shall any person have the right to maintain any such sign board, shade or awning as aforesaid, until the Chief of Police shall have certified to the Select Board that the same is securely fastened so as not to endanger persons on the sidewalk or street.

Section 25. Permission of Chief, Music No person, other than a member of regularly organized band or other musical organization, shall play upon or make a noise with any kind of musical instrument in any street, way or other public place in the Town without first obtaining permission so to do from the Chief of Police.

Section 26. Permission of Chief, Parades No person shall take part in any parade, pageant, on any public way or in any other public place in the Town unless permission has been granted for such parade, or procession by the Chief of Police.

Section 27. Removal of Light Device No person shall extinguish or remove without authority, any public lamp, lantern, bomb or torch in any public way or other public place.

Section 28. Pole Climbing, Prohibited No person, except an employee of the Town or of a Telephone, Telegraph or Electric Light Company, shall climb any telephone or electric light pole on any public way or in any public place in the Town. No person shall climb any tree on any public way or in any public place in the Town without having first obtained permission so to do from the Tree Warden.

Section 29. Injury to Public Property No person shall willfully deface or injure any public playground, planting space, flowerbed, grass border, guidepost, official sign, post, or signaling device for the direction of traffic, lamp post or lantern or any building fence or monument or other thing situated, erected or made for the use or ornament of the Town.

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Section 30. Fouling of Public Troughs No person shall place on any drinking fountain, trough, or basin of water, set up or established in any public way or other public place for the use of men or beast, any dirt, stone, ashes, rubbish, or other material; nor shall any person unnecessarily waste or use the water in such drinking fountain, trough, or basin.

Section 31. Spitting; Intoxicating Liquors No person shall spit upon the floor or walls of any public building or carry into said buildings or upon the grounds connected therewith, any spirituous or intoxicating liquors, for the purpose of drinking or selling the same.

Section 32. Repealed ATM 1970 (article 23)

Section 33. (Disallowed by the Attorney General)

Section 34. Peeping Toms No person shall enter upon the premises of another with the intention of peeping into the windows of a house or spying upon in any manner any person or persons therein.

Section 35. Curfew Inserted under article 13, STM December 1954. Disallowed by the Attorney- General when submitted following ATM 1992 recodification vote.

Section 36. Disturbing the Operators of Vehicles No person shall signal or stop the operator of any vehicle or accost the operator thereof for the purpose of selling or distributing any merchandise or advertising matter, or tickets of admission to any game, show, or entertainment.

Section 37. Permission of Police Chief, House to House Solicitation 14-37 No person shall go from house to house within the Town, begging or soliciting alms or contributions for any person, cause or organization, except a local religious, charitable, fraternal, civic or educational cause or organization, without having first recorded their name and address with the Chief of Police and furnish such other information as may be requested. The Chief of Police shall thereupon, if satisfied as to the honesty of the applicant, issue a permit which shall state that said person has duly registered and is entitled to go from house to house for the purpose specified.

14-37 As amended under article 53, ATM 1974. 57

Each out of town permittee shall pay to the town of Canton a permit fee of ten dollars ($10.00) and each local permittee shall pay to the town of Canton a permit fee of two dollars ($2.00), both of which shall expire thirty (30) days next following the date of issuance. No permit shall be issued for solicitors or canvassers after the hours of 5 P.M.

Section 38. Regulation Regarding Swimming Pools 14-38 Every person who owns a residential swimming pool shall provide and maintain adequate safety devices the intent of which is to prevent accidental drowning of small children.

A. Definition: "Swimming Pool": A body of water contained in an artificial receptacle, whether in or above the ground, used or intended to be used for swimming, wading or recreational bathing.

"Residential Swimming Pool": A swimming pool used or intended to be used solely by the owner or tenant thereof and their family, and by friends invited to use it without payment of any fee.

B. Enclosure: Every outdoor residential swimming pool, capable of containing a depth of water exceeding twenty-four inches at one point, shall be completely surrounded by a fence or wall not less than four feet in height. The fence or wall shall be so located as to surround the entire pool, contiguous walks and any diving structure or platform. A building may be used as part of such enclosure. A fence surrounding the entire property shall meet the intent of this section. Each such fence or wall shall be so constructed as not to have openings, holes, or gaps larger than four inches in any dimension except for doors and gates and except for picket fences in which case, however, the gaps between the pickets shall not exceed four inches. All fences shall be constructed of wood, chain link, or other material which meets the intent of this article. Every fence shall be substantially anchored to posts set into the ground. All gates or doors opening through enclosure shall be of not less than the same height as the fence or wall and shall be equipped with a self-closing and self- latching device located not less than four feet above ground for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling which forms a part of the enclosure need not be so equipped.

Portable swimming pools incapable of containing a depth of water exceeding twenty-four inches at one point must be protected with a safety cover when unattended.

14-38 Inserted under article 38, ATM 1967. 58

C. Building Permit: The owner shall obtain from the building inspector, a permit for the construction of a permanent swimming pool. Existing pools not conforming to the safety requirements of this section shall be modified within three months from the date of enactment of this section.

Section 38A. Grading of Residence Lots 14-38A No persons shall construct the driveway of a dwelling with a garage under or attached except in such manner as to insure that no surface water from the street enters into it. To determine whether or not a proposed dwelling will meet this requirement, a plan shall be submitted to the Building Inspector at the time of application for a building permit showing the garage floor to be at least 12" above the center line elevation of the street at a point opposite the center line of the house foundation, or alternately providing for the disposal of water that collects within the driveway or approach area in a manner acceptable to the Building Inspector.

The final grading of the lot from the front line of the house shall be toward the street and the remainder of the lot will be graded to shed water away from the foundation so that no surface water stands or is trapped on the lot or adjacent property.

Section 39. Regulation of Dogs 14-39

Section 1: License Fees, Exceptions 14-39(I) (1) License Fee - All fees for dog licenses and kennel licenses, fines and penalties shall be set by the Town Clerk, however, no fee shall increase without a majority vote of the voters present at a Town Meeting.

14-38A Inserted under article 68, ATM 1971. 14-39 This section was adopted in its present comprehensive form under article 28, ATM 1984, replacing a simple “leash law” which had been inserted under article 39, ATM 1967 and amended under article 9, ATM 1969. Amended under article 31, ATM April 26, 2004. 14-39(I) As amended under article 33, ATM 1990. Amended under article 59, ATM April 26, 2004. Amended under article 31, ATM May 13, 2013. 59

A certified copy of such certificate on file in the office of any city or town clerk in the Commonwealth may be accepted as evidence that such operation has been performed. If the town clerk is satisfied that a certificate of the veterinarian who spayed the dog cannot be obtained, the town clerk may accept in lieu thereof a statement made under the penalties of perjury by a veterinarian registered and practicing in the Commonwealth describing the dog and stating that the veterinarian has examined the dog and in their opinion the dog is not capable of propagation by reason of spaying. Until a certificate of a veterinarian who has examined the dog in question is produced the license fee for the licensing period shall be at the rate of an unspayed female.

When application is made for a dog license the applicant shall also exhibit proof, by a veterinarian's certificate, that the dog has been vaccinated against rabies, within the last three years if the dog is six months of age or over, as required by General Laws chapter 140, section 115B.

No fee shall be charged for a license for a dog specifically trained to lead or serve a blind person; provided that a certificate issued by the division of the blind is exhibited certifying that the dog is so trained and is actually used by a blind person.

No license fee or part thereof shall be refunded because of a subsequent death, loss, spaying, removal from this commonwealth or any other disposal of the dog, nor shall any license fee or part thereof paid by mistake be paid back after it has been paid to the county pursuant to General Laws chapter 140 section 147 of the General Laws.

In addition to the license fee as otherwise required by this section the owner of any dog which has not been licensed on or before May 30th in any year shall be subject to a late fee to be paid to the Town Clerk at the time such dog is licensed, said fee to be in addition to the license fee for all dogs licensed on or after May 30th of any year.

Section 2: Disturbing the Peace No person shall own or keep in the Town any dog which by biting, excessive barking, howling or in any other manner disturbs the quiet of the public.

Section 3: Definitions14-39(3)

For the purposes of this Section 3 and Section 4, the following terms shall be defined as follows:

14-39(3) As amended under article 31, ATM May 13, 2013. 60

“Animal control officer”, an appointed officer authorized to enforce General Laws chapter 140, sections 136A to 174E, inclusive.

“Attack”, aggressive physical contact initiated by an animal.

“Dangerous dog”, a dog that either: (i) without justification, attacks a person or domestic animal causing physical injury or death; or (ii) behaves in a manner that a reasonable person would believe poses an unjustified imminent threat of physical injury or death to a person or to a domestic or owned animal.

“Hearing authority”, the Select Board.

“Licensing authority”, the Town Clerk.

“Nuisance dog”, a dog that: (i) by excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or (ii) by excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one's quiet and peaceful enjoyment; or (iii) has threatened or attacked livestock, a domestic animal or a person, but such threat or attack was not a grossly disproportionate reaction under all the circumstances.

Section 4:14-39(4)

(a) Any person may file a complaint in writing to the hearing authority that a dog owned or kept in the Town is a nuisance dog or a dangerous dog; provided, however, that no dog shall be deemed dangerous: (i) solely based upon growling or barking or solely growling and barking; (ii) based upon the breed of the dog; or (iii) if the dog was reacting to another animal or to a person and the dog's reaction was not grossly disproportionate to any of the following circumstances:

(1) the dog was protecting or defending itself, its offspring, another domestic animal or a person from attack or assault; (2) the person who was attacked or threatened by the dog was committing a crime upon the person or property of the owner or keeper of the dog; (3) the person attacked or threatened by the dog was engaged in teasing, tormenting, battering, assaulting, injuring or otherwise provoking the dog; or (4) at the time of the attack or threat, the person or animal that was attacked or threatened by the dog had breached an enclosure or structure in which the dog was kept apart from the public and such person or animal was not authorized by the owner of the premises to be within such enclosure including, but not limited to, a gated, fenced-in area if the gate was closed, whether locked or unlocked; provided, however, that if a person is under the age of 7, it shall be a rebuttable presumption that such person was not committing a crime, provoking the dog or trespassing.

14-39(4) As amended under article 31, ATM May 13, 2013. 61

The hearing authority shall investigate or cause the investigation of the complaint, including an examination under oath of the complainant at a public hearing in the municipality to determine whether the dog is a nuisance dog or a dangerous dog. Based on credible evidence and testimony presented at the public hearing, the hearing authority shall: (i) if the dog is complained of as a nuisance dog, either dismiss the complaint or deem the dog a nuisance dog; or (ii) if the dog is complained of as a dangerous dog: (A) dismiss the complaint; (B) deem the dog a nuisance dog; or (C) deem the dog a dangerous dog.

(b) If the hearing authority deems a dog a nuisance dog, the hearing authority may further order that the owner or keeper of the dog take remedial action to ameliorate the cause of the nuisance behavior.

(c) If the hearing authority deems a dog a dangerous dog, the hearing authority shall order 1 or more of the following:

(i) that the dog be humanely restrained; provided, however, that no order shall provide that a dog deemed dangerous be chained, tethered or otherwise tied to an inanimate object including, but not limited to, a tree, post or building; (ii) that the dog be confined to the premises of the keeper of the dog; provided, however, that “confined” shall mean securely confined indoors or confined outdoors in a securely enclosed and locked pen or dog run area upon the premises of the owner or keeper; provided further, that such pen or dog run shall have a secure roof and, if such enclosure has no floor secured to the sides thereof, the sides shall be embedded into the ground for not less than 2 feet; and provided further, that within the confines of such pen or dog run, a dog house or proper shelter from the elements shall be provided to protect the dog; (iii) that when removed from the premises of the owner or the premises of the person keeping the dog, the dog shall be securely and humanely muzzled and restrained with a chain or other tethering device having a minimum tensile strength of 300 pounds and not exceeding 3 feet in length; (iv) that the owner or keeper of the dog provide proof of insurance in an amount not less than $100,000 insuring the owner or keeper against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the dog or proof that reasonable efforts were made to obtain such insurance if a policy has not been issued; provided, however, that if a policy of insurance has been issued, the owner or keeper shall produce such policy upon request of the hearing authority or a justice of the district court; and provided further, that if a policy has not been issued the owner or keeper shall produce proof of efforts to obtain such insurance; (v) that the owner or keeper of the dog provide to the licensing authority or animal control officer or other entity identified in the order, information by which a dog may be identified, throughout its lifetime including, but not limited to, photographs, videos, veterinary examination, tattooing or microchip implantations or a combination of any such methods of identification; (vi) that unless an owner or keeper of the dog provides evidence that a veterinarian is of the opinion the dog is unfit for alterations because of a medical condition, the

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owner or keeper of the dog shall cause the dog to be altered so that the dog shall not be reproductively intact; or (vii) that the dog be humanely euthanized. No order shall be issued directing that a dog deemed dangerous shall be removed from the Town. The Town shall not regulate dogs in a manner that is specific to breed.

(d) Within 10 days after an order issued under subsections (a) to (c), inclusive, the owner or keeper of a dog may bring a petition in the district court within the judicial district in which the order relative to the dog was issued or where the dog is owned or kept, addressed to the justice of the court, praying that the order be reviewed by the court or a magistrate of the court. After notice to all parties, the magistrate shall, under section 62C of chapter 221 of the General Laws, review the order of the hearing authority, hear the witnesses and affirm the order unless it shall appear that it was made without proper cause or in bad faith, in which case the order shall be reversed. A party shall have the right to request a de novo hearing on the complaint before a justice of the court.

(e)(1) Pending an appeal by an owner or keeper under subsection (d), the hearing authority may file a petition in the district court to request an order of impoundment at a facility the Town uses to shelter animals for a dog complained of as being a dangerous dog. The Town shall not incur liability for failure to request impoundment of a dog under this subsection. (2) A justice of a district court, upon probable cause to believe that a dog is a dangerous dog or that a dog is being kept in violation of this section or in violation of an order issued under this section by a hearing authority or a court, may issue an order: (i) of restraint; (ii) of confinement of the dog as considered necessary for the safety of other animals and the public; provided, however, that if an order of confinement is issued, the person to whom the order is issued shall confine the dog in accordance with clause (ii) of subsection (c); or (iii) of impoundment in a humane place of detention that the Town uses to shelter animals; or (iv) any other action as the court deems necessary to protect other animals and the public from the dog.

(f) A justice of the district court shall hear, de novo, an appeal filed under subsection (d). Based upon credible evidence and testimony presented at trial, the court shall, whether the dog was initially complained of as a nuisance dog or as a dangerous dog: (i) dismiss the complaint; (ii) deem the dog a nuisance dog; or (iii) deem the dog a dangerous dog. The decision of the court shall be final and conclusive upon the parties.

(g) If a court affirms an order of euthanasia, the owner or keeper of the dog shall reimburse the Town for all reasonable costs incurred for the housing and care of such dog during its impoundment and throughout the appeals process, if any. Unpaid costs shall be recovered by the Town on behalf of the hearing authority by any of the following methods: (i) a lien on any property owned by the owner or keeper of the dog; (ii) an additional, earmarked charge to appear on the vehicle

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excise of the owner or keeper of the dog; or (iii) a direct bill sent to the owner or keeper of the dog.

All funds recovered by the Town under this subsection shall be transferred to the organization or entity charged with the responsibility of handling dog complaints and impoundment. If the organization or entity falls under the management or direction of the Town, costs recovered shall be distributed at the discretion of the Town.

If the court overturns an order of euthanasia, the Town shall pay all reasonable costs incurred for the housing and care of the dog during any period of impoundment.

(h) If an owner or keeper of a dog is found in violation of an order issued under this section, the dog shall be subject to seizure and impoundment by a law enforcement or animal control officer. If the keeper of the dog is in violation, all reasonable effort shall be made by the seizing authority to notify the owner of the dog of such seizure. Upon receipt of such notice, the owner may file a petition with the hearing authority, within 7 days, for the return of the dog to the owner. The owner or keeper shall be ordered to immediately surrender to the licensing authority the license and tags in the person's possession, if any, and the owner or keeper shall be prohibited from licensing a dog within the commonwealth for 5 years. A hearing authority that determines that a dog is dangerous or a nuisance or that a dog owner or keeper has violated an order issued under this section shall report such violations to the issuing licensing authority within 30 days.

(i) Orders issued by a hearing authority shall be valid throughout the commonwealth unless overturned under subsection (d) or (f).

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Section 5: Full Time Leash Law Any person owning or harboring a dog shall not cause or allow said dog to roam at large * in any of the streets or public ways or places within the confines of the Town of Canton, or upon the premises of anyone other than the owner or keeper, unless the owner or occupant of such premises expressly grants permission. Under no circumstances shall a dog even though secured by suitable lead be allowed on private property, unless specific permission has been granted by the owner of said property. No dog shall be permitted in any public place or on any public thoroughfare inclusive of all Town owned property and properties under the authority of the Commonwealth of Massachusetts that are situated in the Town of Canton, unless said dog is restrained by a chain or lead not exceeding seven (7) feet in length that is of suitable test for the size of dog that is being restrained, and is attended by a person of adequate age and discretion to properly control its actions or is at the heel ** position beside a competent person and demonstrably obedient to the person's command.

Section 6: Unlicensed Dogs; Licensed Dogs Not Wearing Tags Any dog within the limits of the Town, unlicensed or not wearing a valid license tag shall be impounded by the Animal Control Officer and not release until pound fees, in accordance with the General Laws, and pickup fees are paid and current license is obtained from the Town Clerk. Any dog not claimed within ten days will become the property of the Town of Canton, and will be disposed of by the Animal Control Officer by whatever humane means are available.

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Section 7: Dogs in Estrus Cycle If the Animal Control Officer determines that a dog in her estrus cycle (even when confined to the property of her owner or keeper) is attracting other dogs to her area, which condition causes disturbance on or damage to neighboring property or public area, the Animal Control Officer may pick up and impound the dog for the duration of her estrus cycle, releasing thereafter to the owner or keeper upon payment of pickup and pound fees; or the Animal Control Officer may require the owner or keeper to place and keep such dog, while in such cycle, in a commercial or boarding kennel or to remove it from the area so that the nuisance is abated.

Section 8: Pound and Equipment The Select Board may select a commercial kennel facility within the Town or use the existing Town Kennel to impound or keep dogs that have been apprehended by the Animal Control Officer as being strays or violators of the law, providing that both of the foregoing are within cost limitations and specifications set by the Select Board.

Section 9: Fines and Penalties 14-39(X)

a. Failure to License a Dog in a timely manner $ 50. b. Violations of the Leash Law 1st Offense $ 50. 2nd Offense within 12 months of first $100. 3rd Offense within 12 months of first $300. 4th and all subsequent Offenses within 12 months of first $500. c..Dog Bite – The Animal Control Officer must make a judgment as to the severity and the provocation of the bite to determine the processing and procedure for this violation. 1st Offense $ 50. 2nd Offense $100. 3rd and all subsequent offenses $300. 4th and all subsequent offenses $500. d. Dog found in School Yard, in addition to Section X, B 1st Offense $ 50. 2nd Offense $100. 3rd Offense $300. 4th and all subsequent offenses $500. e. Nuisance complaints, including, but not limited to, barking, littering, defecating or micturating on sidewalks or private property. 1st Offense $ 50. 2nd Offense, within 12 months of first $100. 3rd Offense $300.

14-39(X) As amended under article 33, ATM 1990 and amended under article 25, ATM May 1, 2002. Amended again under article 34, ATM April 30, 2003. Amended under article 25, ATM May 15, 2019. Amended under article 24, ATM May 8, 2023. 66

4th and all subsequent offenses $500. f. Failure to comply with an order of restraint issued in accordance with MGL Chapter 140, Section 168 $ 50. g. Failure to comply with an order issued under the authority of MGL c. 140, section 163 to kill or confine a dog that has worried, maimed or killed livestock or fowls $ 25. h. Failure to cause a dog to be vaccinated against rabies as required by MGL chapter 140, section 145B $ 25.

Section 39A.39A

Section 40. Junk Automobiles 14-40 (a) No person or entity, corporate or otherwise, as owner or as one in control of premises, shall keep in the open in any area of the Town of Canton, except land designated by the Select Board for public dumping purposes, any junk automobile, as defined in Paragraph (b) of this Section:

(b) For the purpose of this By-Law, a junk automobile shall be one which is worn out, cast off, or discarded, and which is ready for dismantling or destruction, or which has been collected or stored for salvage, or for stripping, in order to make use of parts thereof. Any parts from such a vehicle shall be considered junk automobile under this By-Law.

(c) Any person or entity who violates this By-Law shall be liable to a fine of $20.00 for each day said violation continues.

Section 41. Water Wells 14-41 (a) No person or entity corporate or otherwise, as owner or as one in control of premises shall excavate or drill in the Town of Canton for the purpose of creating and maintaining a well for commercial use without first obtaining from the Select Board written authorization for said excavating or drilling.

(b) Any person or entity who violates this By-Law shall be liable to a fine of $20.00 for each day said violation continues.

39A Deleted under article 31, ATM May 13, 2013 14-40 Inserted under article 18, ATM 1969. 14-41 Inserted under article 21, ATM 1970. 67

Section 42. Discharge of Firearms 14-42 No person shall fire or discharge any gun, rifle, fowling piece, pistol, revolver, or other firearm within one thousand (1,000) feet of any street, public place, square, or golf course in the town, except with the permission of the Select Board, or in any private ground, except with the consent of the owner thereof; provided however, that this by-law shall not apply to the use of such weapons at any military exercise, or in the lawful defense of the person, family or property of a citizen.

Section 43. Hours of Operating Earth Moving Equipment 14-43 No person shall operate heavy earth moving equipment or vehicles within the Town on any weekday (Monday-Friday) except between the hours of 7:00 A.M. to 6:00 P.M., nor on any Saturdays except between the hours 8:00 A.M. and 5:00 PM or any Sundays or Massachusetts state holidays at any time, except in the event of emergency or for public safety or other purposes approved by the Chief of Police or the Chief’s designee, provided in every such case such person has first applied and paid an application fee (to be set from time to time by the Select Board) to and received from the Chief of Police or the Chief’s designee an express written Waiver of Time Limits waiving compliance with this Section 43. For the purposes of this Section 43, heavy earth moving equipment and vehicles shall include, but not be limited to backhoes, bulldozers, dump trucks, cement mixers and equipment and vehicles used in or for excavating, filling, transporting, holding, moving or removing soil, loam, sand, gravel, stone, clay, sod, minerals, organic matter, debris, construction materials or other earth materials or compounds. Persons found in violation of this section may be fined not more than two-hundred dollars ($200.00) for each offense. Each day that such violation continues shall constitute a separate offense.

Section 44. Underground Storage of Flammable Fluids 51 14-44

Section 1. Any flammable liquid or gasoline storage tank installed below the ground under license duly granted by the Select Board will be tested for leakage at the expense of the owner upon installation, and according to the following schedule, the date of which shall be determined by the license date or the date of installation whichever is later. Day of installation Every 5 years up to 20 years Every 2 years up to 30 years Annually unless the Fire Chief determines that conditions indicate more frequent testing be done.

Such testing will be done under the supervision of the Chief of the Fire Department using the Kent/Moore Test Method. The tank or tanks shall be removed by the owner, at no expense to the Town, if they should fail the test, 14-42 Inserted under article 74, ATM 1971 (see also Article XIV, Section 13 of these By-Laws). Amended under article 25, motion 1 , ATM April 24, 2000, disallowed by Attorney General. 14-43 Inserted under article 53, ATM 1973. Amended under article 31, ATM 2008. 14-44 Inserted under article 41, ATM 1980. 68

or at anytime when they shall become a hazard because of leakage or otherwise, in the opinion of the Chief of the Fire Department.

Section 2. The fact of installation, maintenance and/or usage of such storage tanks under a license duly granted by the Select Board shall constitute an agreement on the part of the owner or owners of such tanks to save and hold harmless the Town of Canton from any and all reasonable and necessary expenses of removing the said tanks upon expiration of the license, or at any time when the same shall be required, in the opinion of the Chief of the Fire Department.

Section 3. The fact of installation, maintenance and/or usage of such storage tanks under a license duly granted by the Select Board shall constitute an agreement on the part of the owner or owners to remove at the cost of the owner or owners such tanks upon the discontinuance or abandonment of that business necessitating or using such tanks whether or not such discontinuance and/or abandonment by less than the five year limitation above mentioned. Removal of such tanks under the provisions herein shall be within one hundred and eighty days of the date of discontinuance or abandonments.

Section 4. Jurisdiction over any and all leakage of flammable liquid or fumes or other harmful and injurious matter into any main, line or other conduit below the surface of the ground, constituting a detriment to the public health and/or safety of the public, shall be vested with the office of the Chief of the Fire Department.

Section 5. Upon satisfactory showing of such leakage into any such main, conduit or line, the Chief shall cause to be sent, registered mail, notification of such leakage to all owners of land duly licensed for such storage of gasoline or other flammable or injurious material in the area defined as the source of such leakage. Such notice shall contain the following: (1) the fact of leakage and the particular main, line or conduit affected; (2) the defined area within which the source of leakage is located if ascertainable; (3) a demand upon the owner(s) of such licensed land within the defined area to take necessary action to test and confirm the absence of any such leakage from storage tanks upon the owner's particular land; (4) a reasonable time limit within which to effect such tests, not to exceed seventy-two hours; (5) notification of the intention of the town to make such reasonable and necessary tests as are requested upon the failure of the owner to take action; (6) the amount of charge for such tests in the event the owner fails to comply with the demand.

69

Section 6. The fact of installation, maintenance and or usage of such storage tanks under license of the Select Board, with the actual or implied consent of the owner of such land, shall constitute an agreement on the part of the owner of such licensed land to take such action as requested above to discover the presence or absence of any such leakage; and shall further constitute an agreement on the part of the owner to hold and save harmless the Town from any reasonable and necessary expenditures incurred by the Town in testing the licensed land upon failure of the owner to comply with the notification of the Chief of the Fire Department.

Section 7. Any tanks installed in a flood plain area will be in a concrete vault.

Section 8. The fee for an original license duly granted by the Select Board shall not exceed $25.00. The fee for annual renewal shall not exceed $20.00.

Section 45. (No By-Law with this section number has been adopted.)

Section 46. Fire Lanes 14-46 A. It shall be unlawful to obstruct or to block any private way with a motor vehicle or by any other means so as to prevent ingress and egress over such private way by fire apparatus or by any other emergency public safety vehicle.

B. The Chief of the Fire Department is hereby authorized to designate 'fire lanes' in shopping centers, at multiple family residential areas near any commercial or industrial buildings or at any other place as in the judgment of such officer the public safety requires. Such 'fire lanes' shall consist of an area at least twelve feet in width and shall be plainly marked and designated 'fire lanes' by painting on the road surface and by the posting of signs, located and approved by the Fire Chief.

C. Any motor vehicle or other object left or placed in a fire lane so as to obstruct or in any way to impede access by fire apparatus or by any other emergency public service vehicle may be removed under the direction of a police officer at the expense of the owner and without liability to the Town of Canton.

D. Any person who violates any of the preceding sections shall for each offense be punished by a fine of twenty-five dollars.

Section 47. Certain Fire Signaling Devices Prohibited. 14-47 Whoever installs, consents or causes to be installed, maintains, or consents or causes to be maintained, in any building or structure a mechanical device that is

14-46 Inserted under article 16, ATM May 16, 1994. 14-47 Inserted under article 45, ATM 1980. 70

automatically keyed to or that activates the telephone lines or numbers controlled by, or listed to, the Canton Fire Department, shall be punished by a fine of not more than $50.00; provided however, that, until sixty days after this section takes effect, the provisions of this section shall not apply to such mechanical protection devices installed prior to the date upon which this section takes effect. For the purpose of this section, "mechanical protection device," means an electrically operated instrument composed of sensory apparatus designed to detect a physical force or condition characteristic of a fire or unauthorized entry.

Section 48. Alarm System, Registration and Regulations By-Law (Deleted) 14-48

Section 49. Numbering of Dwellings 14-49 Every structure in the town used or occupied for dwelling purposes shall have permanently affixed to it, in a manner so as to be visible from the street, the number assigned to said structure. At the time of the sale or transfer of ownership of any such structure the Fire Department, while in the conduct of the inspection of the premises as required by General Laws, Chapter 148 Section 26F, shall verify that such numbers are present and visible.

Letters or numerals shall be visible from the street side of the property and a minimum of 3" tall. Script is not acceptable. If the building is set back on the property, a number mounted on a mail box or lamp post will be acceptable.

The numbers of all buildings shall be assigned by the Select Board on the recommendations made to it by a committee which shall consist of the Chief of Police, the Fire Chief, the Building Commissioner, the Superintendent of Public Works, the Deputy Assessor, Town Clerk and such official with such title as designated by the Select Board and as authorized under Chapter 41, Section 23A of the General Laws.

Section 50. Regulation of, so called, Yard Sales 14-50

Non-Business Sales of Goods and Merchandise

I. RESIDENT HOUSEHOLDS - Any person occupying a residence within the Town of Canton may be permitted to hold a sale of household goods for the type commonly known as "yard", "tag", or "garage" sales on the premises where such residence is located provided that no such premises may be used for such purposes on more than two consecutive days twice in any one calendar year, in accordance with the following procedure:

1. An application for a special permit authorizing such sales shall be filed in the office of the Select Board not less than fourteen days prior to the date, or 14-48 Inserted under article 46, ATM 1980. Section 48 deleted under article 27, ATM May 9, 2022 14-49 Inserted under article 47, ATM 1986. The third paragraph was inserted by STM April 27, 1992 under article 8 of the warrant. Amended under article 34, ATM May 5, 2004. 14-50 Inserted under article 34, ATM May 15, 1995. Amended under article 25, ATM April 26, 2004. 71

dates, for which the permit is requested. A fee as set by the Select Board pursuant to Chapter 40, Section 22F of the Massachusetts General Laws shall be included with each application when filed.

2. A copy of the application shall be filed by the applicant with the Fire Department and with the Police Department.

3. Within seven days following the receipt of an application for a special permit under this section the Chief of the Fire Department and the Chief of the Police Department shall advise the Select Board of any special conditions which they believe should be attached to any special permit as may be granted in order to protect the public peace, health and safety.

4. The Select Board shall, forthwith following receipt of the recommendation of the Police or Fire Department, issue or deny such application for a permit to conduct a sale of household goods and may attach to any such permit as may be granted, terms or conditions to govern the conduct of the sale.

II. NON-PROFIT ORGANIZATIONS - Any religious, civic, fraternal or other non-profit organization having its office, hall or otherwise conducting its activities in the Town of Canton may sponsor a "yard", "tag", or "garage" sale on the property owned or leased by it, or otherwise made available to it for the purposes of any such sale, by filing an application as provided in Section 1, provided, however, no fee shall be required for a permit.

III. ADDITIONAL SALES, ONE CALENDAR YEAR - It is the intention of this By- Law that the conduct of "yard", "tag", or "garage" sales be limited to not more than two such sales at any one location or parcel of land in any one calendar year.

The Select Board may, by special petition filed with it, and which sets out in clear an specific terms the reason or reasons upon which an applicant believes an exemption should be granted, permit additional sales at the same location in the same calendar year.

IV. PENALTIES - Any person found to be in violation of any provision of this by- law shall be punished by a fine not to exceed the maximum amount prescribed by law. Each day on which a violation occurs shall be considered a separate violation. This section may be enforced by any police officer of the town pursuant to the provisions of Section 21D of Chapter 40 and when so enforced the penalty shall be one hundred dollars ($100.00).

Section 51. Regulations for New Dwellings 14-51 In all new dwellings the bottom of the cellar floor or basement must be at least twelve inches above the maximum ground water table. The driveway for any dwelling with a garage under or a garage attached shall be so constructed that street surface water is prevented from flowing onto the driveway and into the 14-51 Inserted under article 33, ATM May 22,1995. 72

garage. Provision shall be made for the disposal of all water which may collect within the approach to the garage. No surface water shall be permitted to enter the garage. In the absence of any other acceptable alternative the garage floor shall be a minimum of six inches higher than the centerline elevation of the street. Without exception of the lot shall be graded in a manner which sheds water away from the foundation and prevents the accumulation of any standing or trapped water.

The own or builder shall submit a plot plan stamped and signed by the registered professional engineer to the Town Engineering Division. The plan shall show the location of test pits dug for the purpose of locating the ground water table. An as built drawing, stamped and signed by a registered professional engineer, shall be submitted to the Town Engineering Division upon the completion of the project.

Section 52. Designated Handicapped Parking 14-52

A. Designated parking spaces for vehicles owned and operated by disable veteran, or by handicapped persons and bearing the distinctive number place, or placards authorized by Massachusetts General Laws Annotated Chapter 90 Section 2 or distinctive number plate, or placards or other devices authorized and issued for the same purpose by any other state, country, province, or territory shall be provided in public and private off- street parking areas.

B. Any person or body that has lawful control of a public or private way, or of improved or enclosed property used as off-street parking areas for business, shopping, malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, multi-unit residential dwellings for rent or lease for any term, or for any other area, where the public has a right of access as invitees or licensees shall be required to reserve spaces in said off- street parking areas for any vehicle owned an/or operated by a disabled veteran or handicapped person whose vehicle displays the distinguishing license plate or placard authorized by Section A according to the following formula:

Total Spaces Required Handicapped Parking

15 - 25 1 space 26 - 40 2 spaces 41 - 75 3 spaces 70 - 100 4 spaces 101 - 150 5 spaces 151 - 200 6 spaces 201 - 300 7 spaces 301 - 400 8 spaces 401 - 500 9 spaces 14-52 Inserted under article 35, ATM May 14, 1997. 73

501 or more 2% of total spaces

Outpatient Medical Facilities: 10% of total spaces

Facilities specializing in treatment of, or services for people with mobility impairments: 20 % of total spaces

C. Designated handicapped parking spaces shall be placed, constructed and sized as follows:

1) Accessible space, shall be level.

2) Accessible spaces shall be at least 8 feet wide with level access aisles at lease 5 feet wide marked on pavement.

3) Access aisles shall be designated by “slashes” or “crosshatches” permanently marked on pavement.

4) Parking areas not paved shall allow the same dimensions for each handicapped parking space as paved areas.

5) Two accessible spaces may share a common aisle. These spaces should be in a location providing the shortest route of travel to an accessible entrance. If there is more than one accessible entrance, the spaces shall be located near each accessible entrance.

6) Sidewalks at such spaces shall have curb cuts at each access aisle constructed so that a handicapped person is not required to enter the flow of traffic to access the curb cut.

D. One in eight designated handicapped parking spaces with a minimum of one shall be designated as “van accessible”. Van accessible spaces shall be eight feet wide with an aisle eight feet wide allowing a van to operate a lift. Alternatively all spaces may be “universal” spaces eleven feet wide with an access aisle five feet wide.

E. There shall be an above grade sign at each designated handicapped parking space. The bottom of the sign shall not be lower than five feet from the ground. The top of the sign shall not be more than eight feet from the ground. The sign shall show at minimum the "International Symbol of Access” in white on a blue background or in blue on a white 74

background. All “van accessible” Handicapped spaces shall be marked as such either on the above grade sign or directly below it using the words “Van Accessible” in white on a blue background or blue on a white background. All signs and markings shall be subject to the approval of the Chief of Police or the Chief’s designee.

F. The leaving of unauthorized vehicles within parking spaces designated for use by disabled veterans or handicapped persons as authorized by Section A and B, or in such a manner as to obstruct a curb cut or ramp designed for use by handicapped persons as a means of access to a public way or to a place to which members of the public have rights of access as invitees or licensees shall be prohibited.

G. The penalty for violations of Sections A, B, C, D, or E shall be ten dollars ($10.00) per day per violation after the person or body having lawful control of the ways or property described in Section B has been given written notice and not less than thirty (30) days to comply.

H. The penalty for violations of Section F shall be one hundred dollars ($100.00). The vehicle(s) may be removed pursuant to Massachusetts General Laws Chapter 266, Section 120D. Violators shall be cited in accordance with Massachusetts General Laws Chapter 90, Sections 20A and 2QA ½.

I. Violations of Sections A, B, C, D, or E shall be enforced by the Police Department or by the Building Commissioner under the procedure for Non Criminal Disposition of violations of municipal regulations, pursuant to MGL Chapter 40 Section 21D.

Section 53. Maintenance and Repair of Private Ways 14-53

(a) Permitted Maintenance and Repairs. When public necessity and the interest of public safety require it, the following types of maintenance and repairs may be performed on approved private ways at a time and in a manner determined by the Superintendent of the Department of Public Works, or their designee:

(1) Grading, including the furnishing of gravel, fill or other materials as required to properly repair the roadway surface.

(2) Maintenance, repair or replacement of drainage systems, including piping, culverts, catch basins and other drainage structures.

(3) Patching of potholes and heaved areas.

(4) Crack sealing as required to preserve the integrity of the roadway surface. 14-53 Inserted under article 44, ATM April 28, 1999. 75

Such maintenance and repairs may be undertaken on the initiative of the Superintendent of the Department of Public Works. Such maintenance and repairs may be undertaken upon receipt by the Department of Public Works of a petition signed by the owners of not less than fifty-one percent (51 %) of the frontage abutting the private way.

(b) Annual Expenditure of Town Funds; Cash Deposit; Liability. The annual expenditure of Town funds on any individual private way for the above-listed maintenance and repairs shall not exceed five hundred dollars ($500.) per mile or portion thereof for labor and materials. In the event that maintenance and repairs in excess of this amount shall be required, betterment charges shall be assessed to all abutters.

A cash deposit shall not be required prior to undertaking these maintenance and repairs.

Neither the Town nor its officers or employees shall be liable on account of any damages resulting from such maintenance and repairs.

(c) List of Approved Private Ways. A complete list of all private ways to which this section applies shall be kept by the Town Clerk. The Superintendent of the Department of Public Works shall, annually, submit a list of additions or deletions to said list to be approved by the Select Board at least ninety (90) calendar days before the start of the fiscal year. All of the approved private ways shall be posted with an appropriate sign stating "Private Way" at the points where they enter upon or unite with an existing public way.

Section 54. (Disallowed by the Attorney General)

Section 55. Hunting14-55

Section 1:

In addition to any applicable provision of state law regarding the regulation and licensing of hunting and/or firearms, no person shall hunt, trap, fire or discharge any firearm or weapon of any kind within the limits of any park, playground or other public property of the Town, except with the consent of the Select Board, or other Town governmental body with jurisdiction over such property. Nor shall any person fire or discharge any firearm, or weapon of any kind on any private property, except with the written consent, to be in the person’s possession, of the owner or legal occupant thereof. 14-55 Inserted under article 30, ATM April 30, 2012 76

Section 2:

This bylaw shall not apply to the lawful defense of life or property, nor to any law enforcement officer acting in the discharge of their duties.

Section 3:

Any person violating any of the provisions of this article shall be fined $200 for each offense, and any weapon used in the commission of said offense shall be confiscated by a law enforcement officer. The Canton Police Department, the Massachusetts Environmental Police or any sworn police officer who has jurisdiction in the Town of Canton may enforce this by-law. Any person in violation of this by-law may also be subject to Massachusetts laws and regulations, where applicable.

Section 56. Secondhand Jewelry and Electronics14-56

License Required: No person shall engage in the business for the sale of or barter of secondhand gold, silver, platinum, jewelry, gems, electronics or electronic games, without first having obtained a license from the Select Board.

License Fee: The fee for such license shall be $50 and shall be renewed annually and displayed in plain view on the premise.

Recording Sales: At the time of the transaction the business owner must record the;

1. Name

2. Address

3. Date of birth

4. Drivers license or photo ID#

5. Time and date of sale

6. A complete and accurate description as well a photograph of the item

Report to police: A report of all transactions of sale, purchase or barter shall be filed on forms provided by the licensing authority shall be forwarded either electronically, U.S. Mail or in person to the Canton Police Department on a weekly basis. Items taken in trade must be held for at least 21 days after such report is filed.

Violation and penalties: Violation of any terms of this license shall be punished by a fine of not less than $100 and may be enforced by any sworn Canton Police Department officer. Each day on which the violation exists shall be deemed to be a separate offense. 14-56 Inserted under article 31, ATM April 30, 2012 77

Section 57. Prohibition of Recreational Marijuana Establishments14-57

(a) No person or entity, corporate or otherwise, shall own or operate in the Town of Canton a Recreational Marijuana Establishment as defined in subsection (b) of this Section 57.

(b) For purposes of this Section 57, Recreational Marijuana Establishments shall be defined as follows: all types of marijuana establishments as defined in M.G.L. c. 94G, §1(j), including marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business, but not including Medical Marijuana Treatment Centers as defined in Chapter 369 of the Acts of 2012 and 105 CMR 725.004.

(c) Whoever violates this Section 57 shall be punished by a fine of $300.00 for each violation. Each day on which a violation occurs shall constitute a separate offense. This Section 57 may be enforced by any sworn member of the Town of Canton Police Department.

Section 58. Noise By-law14-58

Section 1. Definitions For the purpose of this by-law, the following terms, phrases, words and derivations shall have the meaning given herein:

A. “dBa” shall mean A-weighted sound level in decibels, as measured by a general purpose sound level meter complying with the provisions of the American National Standard Institute "Specifications for Sound Level Meter (ANSI SIR 19711)", properly calibrated, and operated on the "A" weighting network.

B. “Enforcing person” shall mean any police officer of the Town.

C. “Unreasonable or excessive noise” shall mean either of the following: (a) Noise measured in excess of 50 dBa between the hours of 11:00 P.M. and 7:00 A.M., or in excess of 70 at all other times; or (b) Noise that is clearly audible by a person of normal hearing at a distance of two hundred (200) feet from its source.

14-57 Inserted under article 40, ATM May 16, 2018 14-58 Section 58 added under article 26, ATM May 9, 2022 78

D. Loud amplification device or similar equipment shall mean a radio, television, stereo, tape player, cassette player, compact disc player, MP3 player, loud speaker, sound amplifier, electronic device, or any other similar apparatus or equipment operated in such a manner that it creates excessive noise.

Section 2. General Prohibitions

A. It shall be unlawful for any person or persons being present in or about any building, dwelling, structure, premises, shelter, or place within the Town of Canton to create, assist in creating, make, cause or allow to be made any unreasonable or excessive noise, including but not limited to such noise resulting from the operation of any sound producing device or instrument, or from the playing of any band or orchestra, or from the use of any device to amplify the aforesaid noise, or from the making of excessive outcries, exclamations, or loud singing or any other excessive noise by a person or group of persons, or from the use of any device to amplify such noise provided, however, that any performance, concert, establishment, band, group or person who has received and maintains a valid license or permit from any department, board or commission of the Town of Canton authorized to issue such license or permit shall be exempt from the provisions of this section.

B. Any person aggrieved by such disturbance of the peace may complain to the Police about such unreasonable or excessive noise. The Police, in response to each complaint, shall verify by use of the sound level meter described herein that the noise complained of does exceed the limit described herein and if so, may seek enforcement through a non-criminal proceeding pursuant to the provisions of General Laws, Chapter 40, Section 21D or make application in the appropriate court for issuance of a criminal complaint.

Each violation of this Noise By-law shall be punishable by a penalty of $300.00 with each day a violation continues constituting a separate offense.