Somerville Municipal Law (Non-Zoning)

This document consolidates Somerville's Part I Charter, Part II Code of Ordinances, and Appendices B, D, and E from the enCodePlus municipal code publication.

Included publication roots:

DIVISION 1 CHARTER

State law reference(s) – City Charters, M.G.L.A . c. 43.

LETTER OF INTRODUCTION

To the Honorable Mayor and City Council:

On April 14, 1871 the Governor of the state approved Chapter 182 of the Acts of the Legislature for 1871. This act, adopted by the voters of the town April 27, 1871, established the City of Somerville and outlined the basic laws and regulations of the new city government.

This Charter of the City of Somerville remained in force until 1899 when at a special election held September 26, the voters of the city accepted a revised Charter which the State Legislature authorized by Chapter 240 of the Acts of 1899.

On September 19, 2025 the Governor of the state approved Chapter 31 of the Acts of the Legislature for 2025. This act, adopted by the voters of the city November 4, 2025, established a Revised Charter for the City of Somerville.

The Revised Charter of 2025 is the basic law for the city. The State Legislature is authorized to make, and the city may accept, subsequent amendments to this Revised Charter. No changes can be made in these laws without specific authority from the State Legislature.

An Appendix has been included which cites additional acts of the State Legislature, as amended which, although not direct amendments to the Charter, lay down basic requirements for our city government. These acts are included here to give a more comprehensive picture of the city's basic laws as well as facilitate research and reference.

Yours truly,

Kimberly M. Wells

City Clerk

PREAMBLE

We, the people of Somerville, with our diversity in culture and thought, in order to reaffirm the liberties of the people with respect to the conduct of our local government, adopt this charter to continue and enhance the city’s strong traditions of the pursuit of justice; empowerment of residents; ethical, transparent and responsive leadership; wise use of public resources; representation for all; and an engaged populace. We expect that our government will be approachable, accountable, equitable, inclusive, and respectful towards all people, and it will strive to provide all residents an equal opportunity to participate fully in the economic, cultural and intellectual life of the city.

ARTICLE 1. INCORPORATION; SHORT TITLE; DEFINITIONS
SECTION 1-1: INCORPORATION

The residents of the city of Somerville within the territorial limits established by law, shall continue to be a municipal corporation, a body corporate and politic, under the name "City of Somerville."

SECTION 1-2: SHORT TITLE

This instrument shall be known and may be cited as the City of Somerville Charter ("charter").

SECTION 1-3: SEPARATION OF POWERS.

The administration of the fiscal, prudential and municipal affairs of the city shall be vested in an executive branch led by a mayor and a legislative branch consisting of a city council. The legislative branch shall never exercise any executive power and the executive branch shall never exercise any legislative power.

SECTION 1-4: POWERS OF THE CITY

Subject only to express limitations on the exercise of any power or function by a municipal government in the constitution or General Laws, it is the intention and the purpose of the voters of the city, through the adoption of this charter, to secure for themselves and their government all of the powers it is possible to secure as fully and as completely as though each power were specifically and individually enumerated in this charter.

SECTION 1-5: CONSTRUCTION

The powers of the city under this charter are to be construed liberally in favor of the city and the specific mention of any particular power is not intended to limit the general powers of the city as stated in section 1-4. If any provision of this charter conflicts with any special act or law adopted by the city to the contrary, the provisions of this charter shall prevail.

SECTION 1-6: INTERGOVERNMENTAL RELATIONS

Subject only to express limitations in the constitution or General Laws, the city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation, by contract or otherwise, with the commonwealth or any of its agencies or political subdivisions, or with the United States government or any of its agencies.

SECTION 1-7: DEFINITIONS

Unless the context clearly requires otherwise, the following terms shall have the following meanings as used in this charter:

" Business day ", any day that is not a Saturday, Sunday or legal holiday. For the purposes of this definition, legal holiday shall mean Massachusetts legal holidays as published by the state secretary.

" Charter ", this charter and any adopted amendments to it.

" City ", the city of Somerville.

" City agency ", any multiple-member body, department, division or office of the city.

" City officer " or "department head", person having charge of a city office or department.

" City website ", an online site established and maintained by the city as its repository of municipal information.

" Emergency ", a sudden, generally unexpected occurrence or set of circumstances demanding immediate action or response.

" General Laws ", the Massachusetts General Laws.

" Majority vote ", a majority of the present and voting members of a body, unless otherwise provided for by law or by the body’s own rules; provided, however, that General Laws related to any vote to meet in executive session shall always require a majority of the full multiple-member body.

" Measure ", any ordinance, order, other vote or proceeding adopted or proposed to be adopted, by the city council or the school committee.

" Multiple-member body ", any council, commission, committee, subcommittee or other body consisting of 2 or more persons, whether elected, appointed or otherwise constituted, but not including the city council or its committees, the school committee or its subcommittees or an advisory committee or task force established by the mayor or city council.

" Quasi-judicial body ", any multiple-member body which resolves specific disputes, or makes determinations about the rights, obligations or privileges of identifiable parties.

" Regulatory body ", any multiple-member body responsible for establishing or enforcing rules or regulations.

" Organization or reorganization plan ", a plan submitted by the mayor to the city council which proposes:

  1. (i) a change in the organization or the administrative structure of the city administration or organization; or
  2. (ii) a change in the way in which municipal services are delivered.

" Post ", make available publicly on the city website, at city hall, in a local newspaper or as otherwise may be required by law. For the purposes of this definition, a local newspaper shall be a newspaper of general circulation within the city, with either weekly or daily circulation. The city council president may, from time to time, select a local newspaper for posting according to a procedure that shall be set forth in the rules of the city council.

" Quorum ", majority of all voting members of a multiple-member body unless some other number is established by law or by ordinance.

" Voter ", anyone residing in the city of Somerville who is eligible to vote pursuant to state and federal law.

" Year ", a calendar year, unless otherwise specified.

ARTICLE 2. LEGISLATIVE BRANCH
SECTION 2-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY
  1. (a) Composition – There shall be a city council consisting of 11 members which shall exercise the legislative powers of the city. Four members of the city council shall be known as councilors at-large and shall be nominated and elected by the voters at large. Seven members of the city council shall be known as ward councilors and shall be nominated from and elected by the voters in each ward, with 1 ward councilor to be elected from each of the 7 wards into which the city is divided under section 7-6.
  2. (b) Term of Office – The term of office for councilors shall be 2 years each, beginning on the first business day in January following the municipal election.
  3. (c) Eligibility – Any voter shall be eligible to hold the office of councilor at-large. Any voter residing in the ward from which election is sought shall be eligible to hold the office of ward councilor. If the city council determines that a ward councilor or a councilor at-large has removed from the city during the councilor’s term, that office shall immediately be deemed vacant and filled in the manner provided in section 2-12. A ward councilor who removes from the ward in which the councilor was elected and who remains a voter may continue to serve the balance of the term to which such ward councilor was elected.
SECTION 2-2: PROHIBITIONS
  1. (a) Holding Other City Position – Except as otherwise provided by this charter, a member of the city council shall hold no other compensated city position. A former member of the city council shall not hold any compensated appointed city position for 1 year after termination of such former member’s service on the city council, unless the city council approves a waiver of this provision by affirmative vote of 8 members of the city council. This section shall not prevent a city employee who vacated a position to serve as a member of the city council from returning to the same position upon the expiration of the term for which that person was elected.
  2. (b) Interference with Administration - The city council or any member of the city council shall not give orders or directions to any employee of the city appointed by the mayor, either publicly or privately.
SECTION 2-3: COMPENSATION

The members of the city council shall receive compensation for their services as set by ordinance. An ordinance increasing or reducing the compensation of the members of the city council shall not be effective unless:

  1. (i) it is adopted by affirmative vote of 8 members of the city council;
  2. (ii) it is adopted prior to the last 6 months of the city council’s term; and
  3. (iii) it provides that the compensation increase or reduction is to take effect upon the organization of the city government following the next regular municipal election.
SECTION 2-4: GENERAL POWERS

Except as otherwise provided by the General Laws or by this charter, all powers of the city shall be vested in the city council which shall provide for the performance of all duties and obligations imposed upon the city by law.

SECTION 2-5: EXERCISE OF POWERS; QUORUM; RULES
  1. (a) Exercise of Powers - Except as otherwise provided by General Laws or by this charter, the legislative powers of the city council may be exercised in a manner determined by the city council.
  2. (b) Quorum - Once a quorum is present, a majority vote shall be required to adopt any ordinance, except as otherwise provided by General Laws or by this charter.
  3. (c) Rules of Procedure - The city council shall adopt rules regulating the procedures of the city council, which shall be subject to adoption, amendment or repeal by vote of the city council.
  4. (d) Meetings - Regular meetings of the city council shall be held at a time and place fixed by ordinance.
  5. (e) Special meetings of the city council shall be held at the call of the president or at the call of not less than 6 members for any purpose. Except in an emergency as declared by the city council president, notice of the meeting shall be delivered to the city clerk not less than 3 business days in advance of the time set and shall specify the date, time, location and purpose for which the meeting is to be held. The city clerk shall post an agenda for such meeting not less than 2 business days in advance of the time set.
  6. (f) All sessions of the city council and every city council committee or subcommittee shall, at all times, be open to the public, unless otherwise specified by law.
  7. (g) A full, accurate, up-to-date account of the proceedings of the city council shall be maintained by the city clerk, which shall include a record of each vote taken and be made available with reasonable promptness following each meeting. Executive session minutes shall be made available as soon as publication of the minutes would not defeat the purpose of the executive session, unless otherwise provided by law.
SECTION 2-6: ELECTION, TERM, AND POWERS OF CITY COUNCIL PRESIDENT AND VICE PRESIDENT
  1. (a) Election and Term - As soon as practicable after the councilors-elect have been qualified following each regular municipal election, as provided in section 7-3, the city council shall elect from among its members a president and vice-president who shall serve for 1-year terms. The member of the council with the most years of service shall preside at the election. If 2 or more members have the same term of service, the councilor with the last name that is first in alphabetical order from among such councilors shall preside. The conduct of all elections of the city council president and vice-president shall otherwise be prescribed within the rules of the city council.
  2. (b) Powers and Duties - The president shall have the following powers and duties: (i) determine the agenda for city council meetings; (ii) preside at all meetings of the city council, regulate its proceedings and decide all questions of order; provided, however, that the vice-president shall preside in the absence of the president; (iii) appoint all members of committees of the city council, whether special or standing; (iv) have the same powers to vote upon measures coming before the city council as any other member of the city council; and (v) perform any other duties consistent with the office that are established by this charter, ordinance or other vote of the city council.
SECTION 2-7: APPOINTMENTS OF THE CITY COUNCIL
  1. (a) City Clerk - The city council shall appoint a city clerk to serve at the pleasure of the city council and until a qualified successor is chosen. The city clerk shall have the powers and duties as are provided to city clerks by the General Laws relating to the keeping of records and vital statistics, the issuance of licenses and such additional powers and duties as may be provided by law or by other vote of the city council.
  2. (b) Advisory Legal Counsel - The city attorney shall be the only authorized officer of the city in all legal matters involving the city’s government; provided, however, that, subject to appropriation, the city council may secure outside legal services, when needed, to seek secondary legal opinions. The city council shall make a reasonable request for such legal services to the mayor and that request shall not be unreasonably denied by the mayor. The city attorney and any advisory legal counsel shall consult to the extent practicable prior to the release of any secondary opinion. The legal services provided to the council shall not include representation of the council or any councilor in any litigation or the issuance of formal legal opinions on behalf of the city.
  3. (c) Other Staff - Subject to appropriation, the city council may employ staff as it deems necessary.
  4. (d) Removals and Suspensions of City Council Staff - City council appointments may be removed at the sole discretion of the city council subject to limitations and requirements imposed by federal and state laws, rules or regulations.
SECTION 2-8: CITY COUNCIL CONFIRMATION OF CERTAIN APPOINTMENTS
  1. (a) Department Heads - The mayor shall refer to the city council for confirmation and simultaneously file with the city clerk the name of each person the mayor appoints as a department head. These appointments shall be considered confirmed 30 days from the date of the first regularly scheduled city council meeting after the date on which notice of the appointment was filed with the city clerk, unless the city council within said 30 days rejects the appointment by the affirmative vote of 8 of its members; provided, however, that if no city council meeting is held within the subsequent 30 days of the first meeting, the city council shall have 30 days from the second regularly scheduled meeting after the appointment to reject the appointment. The city council shall not unreasonably reject an appointment and shall accompany a rejection with a written statement describing the reason for the rejection, which shall be delivered to the mayor and placed on file with the city clerk within 30 days of the city council’s vote rejecting an appointment. The question on rejection of any appointment made by the mayor shall not be subject to the procedure of charter objection provided in subsection (b) of section 2-9.
  2. (b) Multiple-Member Bodies - The mayor shall refer to the city council and simultaneously file with the city clerk, the name of each person the mayor desires to appoint as a member of a multiple-member body. The city council shall have 60 days after the date on which notice of the proposed appointment was filed with the city clerk to vote to approve or reject the appointment; provided, however, that the city council shall not unreasonably withhold approval of the appointment; and provided further, that if the city council does not take action on the appointment within 60 days, the appointment shall be deemed approved. Multiple-member body members may be removed at the discretion of their appointing authority. (1) All appointments to quasi-judicial bodies and regulatory bodies shall be for terms established by administrative order or the General Laws. Any member of a quasi-judicial body or regulatory body appointed to a successive term shall be subject to confirmation by the city council under subsection (b) of section 2-8 upon the expiration of each term. (2) In the event of a vacancy on a multiple-member body where the seat has remained vacant in excess of 1 year and the mayor has not referred to the city council any proposed appointees to fill the vacancy, the city council president may present to the mayor the names of not more than 3 persons as recommendations for appointment. The procedure for selecting names of persons for presentation to the mayor shall be established within the rules of the city council. (3) The mayor shall twice annually, in February and August, post a complete list of the vacancies on all multiple-member bodies, as well as the procedures for individuals to apply to become a member of such bodies. This posting shall be in addition to, and not a substitute for, regular posting for the purpose of filling vacancies as they arise.
  3. (c) Police and Fire Employees - The mayor shall refer to the city council for confirmation and simultaneously file with the city clerk, the name of each person the mayor desires to appoint or promote as a member or officer of the police department or the fire department. The city council shall not unreasonably withhold confirmation of appointments, shall adhere to any merit principles identified in applicable law, including, but not limited to applicable civil service law, and shall accompany a rejection with a written statement describing the reason for the rejection, which shall be delivered to and placed on file with the city clerk within 30 days of the rejection. The question on confirmation of any appointment submitted by the mayor shall not be subject to the procedure of charter objection provided in subsection (b) of section 2-9 of this charter.
SECTION 2-9: ORDINANCES AND OTHER MEASURES
  1. (a) Measures - Every adopted measure shall become effective at the expiration of 10 days after adoption or upon the signature of the mayor, whichever occurs first, unless the ordinance or this charter provides otherwise. An ordinance shall not be amended or repealed except by another ordinance adopted in accordance with this charter.
  2. (b) Charter Objection - On the first occasion that the question on adoption of a measure is put to the city council, a single member may object to the taking of the vote and postpone the vote until the next meeting of the city council, whether regular or special. If 2 or more members object, the vote shall be postponed until the next regular meeting. This procedure shall not be used more than once for any specific matter regardless of whether it has been amended. A charter objection shall have privilege over all motions; provided, however, that it shall be raised prior to or at the call for a vote by the presiding officer and at that time all debate pertaining to the item shall cease.
SECTION 2-10: ACCESS TO INFORMATION
  1. (a) In General - The city council may make investigations into the affairs of the city and into the conduct and performance of any city agency. Absent compelling circumstances or an emergency, which shall be declared on record and noted in the city council minutes, the city council shall give a notice of not less than 14 days to any person it may require to appear before it under this section; provided, however, that in the case of compelling circumstances or emergency, the notice period may be shortened to not less than 7 days. The notice shall include specific questions on which the city council seeks information and any person called to appear before the city council under this section shall not be required to respond to any question not relevant or related to those questions presented in advance and in writing. The mayor shall receive a copy of any notice issued under this section at the same time as the person who is requested to appear before the council. A majority vote of the city council shall be required to issue notice under this section.
  2. (b) Department Head - The city council may require, by majority vote, specific information from a department head or the department head’s designee on any matter related to the municipal services, functions and powers or duties which are within the scope of responsibility of such department head and related to the official duties and responsibilities of the city council. The department head or the department head’s designee shall not be required to answer questions relating to any other matter outside the scope of the matter noticed or provide information the release of which is prohibited by law.
  3. (c) Mayor - The city council may request, by majority vote, specific information from the mayor on any municipal matter related to the official duties and responsibilities of the city council. The mayor or their designee shall appear before the city council and respond to the questions. The mayor or their designee shall not be required to answer questions relating to any other matter outside the scope of the matter noticed or be required to provide information the release of which is prohibited by law. The mayor may bring to this meeting any assistant, department head or other city officer or employee that the mayor may consider necessary to assist in responding to the questions posed by the city council.
SECTION 2-11: GROUP PETITIONS

The city council shall hold a public hearing and act with respect to every petition which is addressed to it and signed by not less than 50 voters, as certified by the board of election commissioners within 5 days of the receipt of the petition. The city clerk shall accept the petition following certification by the board of election commissioners and place it before the council on the next agenda. The hearing shall be held by the city council, or by a committee or subcommittee thereof, and the city council shall act on the petition within 3 months of the date it first appeared on the agenda. Hearings on 2 or more petitions filed under this section may be held at the same time and place. Not less than 14 days before the hearing, the city clerk shall notify the 10 petitioners whose names first appear on each petition, publish a general summary of the subject matter of the petition and post notice of the date and time of the public hearing. A hearing shall not be held upon any subject more than once in a 12-month period, as determined by the city council president.

SECTION 2-12: FILLING OF VACANCIES
  1. (a) Councilor At-Large - When a vacancy exists for an at-large city council seat and more than 180 days remain in the term for such seat, the city clerk shall notify the city council and the board of election commissioners of the vacancy within 7 days of such vacancy. Not less than 7 days after notification, the chair of the board of election commissioners or a designee shall certify, in writing, to the city clerk that the defeated candidate for the office of councilor at-large with the next highest number of votes at the prior municipal election, if willing and able to serve, shall fill the remainder of the existing term. The city clerk shall administer the oath of office to such candidate within 15 days after certification and the person shall take the seat. If such candidate declines the office, is not eligible and willing to serve or fails to take the oath of office within the time period set forth in this section, then the candidate with the next highest number of votes for councilor at-large at the prior municipal election who is eligible and willing to serve shall take the seat under the same circumstances as above. If no such candidate for the office can serve, the city council shall call a special election to fill the seat for the remainder of the term. If the vacancy occurs with not more than 180 days in the existing term, the vacancy shall be filled as above; provided, however, that if no candidate is available to take the seat, the seat shall remain vacant until the next regular municipal election and the person elected shall take office upon certification of the vote and serve for the remainder of the existing term as well as the term to which elected. The city clerk shall administer the oath of office to elected candidates at the next meeting of the city council.
  2. (b) Ward Councilor - If a vacancy occurs in the office of ward councilor and more than 180 days remain on the existing term, the city council shall immediately order a special election to fill the vacancy for the remainder of the unexpired term. If a vacancy occurs with not more than 180 days before the end of the term, the seat shall remain vacant until the next regular municipal election for the office and the person elected shall fill the vacancy for the remainder of the unexpired term and the term to which elected. The city clerk shall administer the oath of office to the person at the next meeting of the city council.
ARTICLE 3. EXECUTIVE BRANCH
SECTION 3-1: MAYOR: ROLE; TERM OF OFFICE; ELIGIBILITY
  1. (a) Role - The chief executive officer of the city shall be a mayor, elected by the voters at large. The role of mayor shall be a full-time position.
  2. (b) Term of Office - The term of office for mayor shall be 2 years, beginning on the first business day in January following the municipal election.
  3. (c) Eligibility - Any voter shall be eligible to hold the office of mayor.
SECTION 3-2: PROHIBITIONS

The mayor shall not hold another compensated city position or other elected public office. A former mayor shall not hold a compensated appointed city office or city employment for 1 year after termination of their service as the mayor. Any former mayor shall not receive compensation for contracted work authorized during their tenure as the mayor. This subsection shall not prevent a city officer or other city employee who has vacated a position to serve as the mayor from returning to the same office or other position of city employment held when the position was vacated. This prohibition shall not apply to persons covered by a leave of absence under section 37 of chapter 31 of the General Laws.

SECTION 3-3: COMPENSATION

The mayor shall receive compensation for the mayor’s services as set by the city council by ordinance. An ordinance increasing or reducing the compensation of the mayor shall not be effective unless:

  1. (i) it is adopted by affirmative vote of 8 members of the city council;
  2. (ii) it is adopted prior to the last 6 months of the mayor’s term; and
  3. (iii) it provides that the compensation increase or reduction is to take effect upon the organization of the city government following the next regular municipal election.
SECTION 3-4: EXECUTIVE POWERS
  1. (a) Executive Powers - The executive powers of the city shall be vested solely in the mayor and may be exercised by the mayor either personally or through the city agencies under the general supervision and control of the office of the mayor. The mayor shall cause this charter, laws, ordinances and other orders of the city government to be enforced and shall cause a record of all official acts of the executive branch of the city government to be kept. The mayor shall supervise, direct and be responsible for the efficient administration of all city activities and functions placed under the control of the mayor by law or by this charter. The mayor or the mayor’s designee shall have the sole power to sign, seal, execute and deliver on behalf of the city, deeds and leases of land sold or leased by the city and other deeds, agreements, contracts, leases, indentures and assurances on behalf of the city.
  2. (b) Supervision of City Agencies - The mayor shall exercise general supervision and direction over all city agencies, unless otherwise provided by law or by this charter. Each city agency shall furnish to the mayor any information or materials the mayor may request and as the needs of the office of mayor and the interest of the city may require. The mayor shall be responsible for the efficient and effective coordination of the activities of all city agencies and may call together for consultation, conference and discussion, at reasonable times, all persons serving the city.
  3. (c) Multiple-Member Bodies - The mayor shall be, by virtue of the office, a member of every appointed multiple-member body of the city. The mayor may attend any meeting of an appointed multiple-member body of the city, including executive sessions, to participate in the discussions of that body; provided, however, that the mayor shall not have the right to vote on any matter before a multiple-member body which they serve on solely by virtue of their office.
SECTION 3-5: APPOINTMENTS BY THE MAYOR
  1. (a) Department Heads - The mayor shall appoint, subject to confirmation by the city council under section 2-8, all department heads for whom no other method of appointment or selection is provided by this charter. Department heads serve at the discretion of the mayor subject to the limitations and requirements imposed by federal and state laws, rules or regulations.
  2. (b) City Attorney - The city attorney shall be appointed by the mayor, subject to confirmation by the city council under section 2-8. The city attorney shall be appointed to a 2-year term. Whenever the mayor appoints or reappoints a city attorney the mayor shall submit the name of the person to serve as city attorney for confirmation under section 2-8, and the provisions of section 2-8 shall apply to both an appointment and reappointment; provided, however, that a reappointment shall not be rejected except by negative vote of not less than 8 members of the city council. If the mayor fails to submit the name of the person serving as the city attorney for confirmation of reappointment within 30 days of the expiration of the term, the city clerk shall place an item on the agenda for such reappointment at the next regular city council meeting.
  3. (c) Multiple-Member Bodies - The mayor shall appoint, subject to confirmation by the city council under section 2-8, all members of multiple-member bodies for whom no other method of appointment or selection is provided by administrative order or General Laws. All members shall serve terms as defined by administrative order or General Laws. Upon the expiration of the term of any member of a multiple-member body, a successor shall be appointed in a like manner. The mayor shall fill any vacancy for the remainder of the unexpired term of any member of a multiple-member body.
  4. (d) Police and Fire Employees - The mayor may appoint and promote, subject to confirmation by the city council, members and officers of the police department and fire department subject to requirements of the commonwealth’s civil service law.
  5. (e) City Employees - The method of appointment for all other city employees shall be as prescribed by administrative order.
SECTION 3-6: APPOINTMENT OF CHIEF ADMINISTRATIVE OFFICER

The mayor shall appoint a chief administrative officer, subject to confirmation by the city council under section 2-8, to coordinate and direct the operations and functions of municipal government. The appointee shall be chosen on the basis of appropriate administrative and executive qualifications and shall have a combination of experience, training or education to perform the duties of the office. The mayor shall submit the name of the person appointed to serve as a chief administrative officer for confirmation under section 2-8.

SECTION 3-7: TEMPORARY APPOINTMENTS TO CITY OFFICES

If a temporary or permanent vacancy occurs in a city office that is appointed by the mayor under subsections (a) and (b) of section 3-5, the mayor may designate a person to perform the duties of the office on a temporary basis for not more than 180 days until the position can be filled as provided by law or by this charter. Persons serving as temporary officers under this section shall have only those powers that are indispensable and essential to the performance of the duties of the office during the period of temporary appointment and no others.

  1. (a) Filing of a Temporary Appointment - When the mayor designates a person under this section, the mayor shall file a certificate with the city clerk in substantially the following form:

“I designate [name of person] to perform the duties of the office of [office in which vacancy exists] on a temporary basis until the office can be filled by [the regular procedure for filling the vacancy or when the incumbent shall return]. I certify that this person is qualified to perform the duties which will be required and that I make this designation solely in the interests of the city of Somerville.”

  1. (b) Extension of Temporary Appointments - If an extension of a temporary appointment is necessary, the mayor may seek extensions in 90-day increments, which shall be authorized by a majority vote of the city council. If an extension is not approved, the position shall be deemed vacant.
SECTION 3-8: TEMPORARY APPOINTMENTS TO MULTIPLE-MEMBER BODIES

If a temporary or permanent vacancy occurs on a multiple-member body that is appointed under subsection (c) of section 3-5, the mayor may designate a person to perform the duties of the office on a temporary basis for not more than 150 days until the position can be filled as provided by law or by this charter. If such vacancy occurs on a quasi-judicial body or regulatory body, the mayor shall submit a communication to the city council with the name of such designee. If an extension of a temporary appointment is necessary, the mayor may seek extensions in 60-day increments, which shall be authorized by a majority vote of the city council. If an extension is not approved, the position shall be deemed vacant; provided, however, that for a vacancy on multiple-member bodies where such a vacancy would prevent the presence of a quorum, the temporary appointment shall remain in effect even without an extension, until a successor is qualified.

SECTION 3-9: APPROVAL OF MAYOR, VETO

Every ordinance or other measure as required by law adopted or passed by the city council, except any matters relating to the internal affairs of the city council, shall be presented to the mayor for approval. If the mayor approves the measure, the mayor shall sign it. If the mayor disapproves the measure, the mayor shall return it to the city council with the specific reason for disapproval attached in writing. The city council shall enter the objections of the mayor on its records and reconsider the measure at its subsequent regular meeting. If the city council, regardless of the disapproval by the mayor, again passes the identical measure by affirmative vote of not less than 8 members of the city council, the measure shall then be deemed in force. If the mayor has neither signed a measure nor returned it to the city council within 10 days following the date it was presented to the mayor, the measure shall be deemed approved and in force.

SECTION 3-10: COMMUNICATIONS; SPECIAL MEETINGS
  1. (a) Communications to the City Council - The mayor shall, by written communication: (i) recommend to the city council for its consideration measures as the needs of the city require; and (ii) keep the city council fully informed of the financial and administrative condition of the city and shall specifically indicate any fiscal, financial, or administrative issues facing the city.
  2. (b) Special Meetings of the City Council - The mayor may call a special meeting of the city council for any purpose. Unless the mayor designates an emergency, notice of the meeting shall be delivered to the city clerk not less than 3 business days in advance of the time set and shall specify the date, time, location and the purpose for which the meeting is to be held. The city clerk shall post an agenda for such meeting not less than 2 business days in advance of the time set.
SECTION 3-11: TEMPORARY ABSENCE OF THE MAYOR
  1. (a) Acting Mayor - If the mayor is unable to perform the duties of the office, the president of the city council shall serve as acting mayor. If the city council president is unable to serve as acting mayor under this section, the city council shall elect a councilor to serve as acting mayor by majority vote from among its membership. The city council, by the affirmative vote of not less than 8 members, shall determine whether the mayor is unable to perform the duties of the office. Notwithstanding any general or special law to the contrary, the vote shall be taken in public session by a roll call vote.
  2. (b) Powers of Acting Mayor - The acting mayor shall have only those powers of the mayor that are indispensable and essential to conduct the business of the city and on which action may not be delayed. The acting mayor shall not have the authority to make a permanent appointment or removal from city service unless the absence of the mayor shall extend beyond 60 days, nor shall the acting mayor approve or disapprove of any measure adopted by the city council unless the time within which the mayor must act would expire before the return of the mayor. The city council president or another councilor serving as acting mayor shall not vote as a member of the city council.
SECTION 3-12: DELEGATION OF AUTHORITY BY MAYOR

The mayor may authorize and subsequently remove authorization from a subordinate officer or employee of the city to exercise or perform a function or duty of the office of the mayor; provided, however, that all acts performed under any delegation of authority during the period of authorization shall be and remain the acts of the mayor. Nothing in this section shall be construed to authorize the mayor to delegate the powers and duties of the mayor as a school committee member, the power of appointment to city office or employment or the authority to sign or return measures approved by the city council unless section 3-11 applies.

SECTION 3-13: FILLING OF PERMANENT VACANCY

If a permanent vacancy occurs in the office of mayor with not more than the 6 months until the next regular municipal election, the office shall be filled by the voters at that election; provided, however, that if a permanent vacancy occurs in the office of mayor with more than 6 months until the next regular municipal election, the city council shall immediately order a special election to be held within 150 days following the date of the vacancy.

The city council president shall serve as acting mayor until the permanent vacancy is filled pursuant to this section. If the city council president is unwilling or unable to serve, the city council shall elect a councilor to serve as the acting mayor by majority vote from among its membership. If the councilor serving as the acting mayor chooses to run for mayor, such councilor shall not be entitled to have the words “candidate for reelection” printed with their name on the election ballot. Any person serving as acting mayor shall receive the compensation then in effect for the position of mayor and shall not vote as a member of the city council. The resulting vacancy on the city council shall be filled in the manner provided in section 2-12.

ARTICLE 4. SCHOOL COMMITTEE
SECTION 4-1: COMPOSITION; TERM OF OFFICE; ELIGIBILITY
  1. (a) Composition - There shall be a school committee consisting of 9 members. Seven members shall be nominated and elected by the voters in each ward, 1 member elected from each ward. The mayor and the president of the city council shall serve, by virtue of their office, with the same powers and duties as other school committee members; provided, however, that neither shall serve as chair.
  2. (b) Term of Office - The term for the school committee shall be 2 years, beginning on the first business day in January following the municipal election.
  3. (c) Eligibility - Any voter residing in the ward from which election is sought shall be eligible to hold the office of school committee member. If a school committee member removes from the city during the committee member’s term, that office shall immediately be deemed vacant and filled in the manner provided in section 4-6. If a school committee member removes to another ward in the city, the member may continue to serve for the balance of the term to which elected.
SECTION 4-2: PROHIBITIONS

A member of the school committee elected by ward shall not hold any other compensated city position. A former member of the school committee elected by ward shall not hold any compensated appointed city office or city employment for 1 year after termination of their service on the school committee. This section shall not prevent a city officer or other city employee who has vacated a position in order to serve as a member of the school committee elected by ward from returning to the same office or other position of city employment held at the time the position was vacated.

SECTION 4-3: COMPENSATION

Members of the school committee shall receive compensation for their services as set by ordinance by the city council. An ordinance authorizing the compensation of the members of the school committee shall not be effective unless:

  1. (i) it is adopted by affirmative vote of 8 members of the city council;
  2. (ii) it is adopted prior to the last 6 months of the school committee’s term; and
  3. (iii) it provides that the compensation is to take effect upon the organization of the city government following the next regular municipal election.
SECTION 4-4: SCHOOL COMMITTEE RULES AND PROCEDURES

The school committee shall determine the procedures for the election of school committee chair and vice-chair and adopt policies and procedures relating to conducting the business of the school committee.

SECTION 4-5: SCHOOL COMMITTEE POWERS AND DUTIES

The school committee shall have all powers which are conferred on school committees by the General Laws and the additional powers and duties provided by this charter, including, but not limited to:

  1. (i) selecting and removing a superintendent of the schools who shall be charged with the administration of the school system, and appointment of all other personnel as provided by the General Laws;
  2. (ii) adopting policies for the management of the public school system as deemed necessary or desirable;
  3. (iii) adopting and overseeing the administration of an annual operating budget for the school department, subject to appropriation;
  4. (iv) providing ordinary maintenance of all school buildings and grounds, unless a central municipal maintenance department, which may include maintenance of school buildings and grounds, is established; and
  5. (v) at least 1 member of the school committee, or a designee of the school committee, shall serve on the agency, board or committee for the planning or construction of a new, remodeled or renovated school building.
SECTION 4-6: FILLING OF VACANCIES

If a vacancy on the school committee occurs with not less than 1 year remaining in the term, the city council shall order a special election to fill the vacancy. If a vacancy on the school committee occurs with less than 1 year before the end of the term but more than 120 days before any regular municipal election, the school committee shall appoint a replacement to serve for the remainder of the term from the qualified voters of the ward. The school committee shall post notice of the vacancy and solicitation of nominations and appoint the replacement in accordance with school committee policy. If a vacancy occurs within 120 days of a regular municipal election, the vacancy shall be filled by the regular election and the newly elected school committee member’s term shall begin following the certification of election results. The person elected shall be sworn to the office to fill the vacancy for the balance of the unexpired term as well as the term to which elected. The city clerk shall administer the oath of office to them at or before the next meeting of the school committee.

ARTICLE 5. ADMINISTRATIVE ORGANIZATION
SECTION 5-1: ORGANIZATION OF CITY AGENCIES

The organization of the city into agencies to provide services and administer the government may be accomplished only through an administrative order submitted to the city council by the mayor. An administrative order may not originate with the city council. The mayor may, subject only to express prohibitions of General Laws or this charter, propose administrative orders to establish a new agency, reorganize, consolidate or abolish any agency, in whole or in part, as is deemed necessary to conduct the business of the city in an orderly, efficient or convenient manner. The mayor may also propose administrative orders to establish terms of office and prescribe the functions and administrative procedures to be followed by all agencies.

These proposed administrative orders shall be accompanied by a message from the mayor which explains the expected benefits and advises the city council if an administrative order shall require amendments, insertions, revisions, repeal or otherwise of existing ordinances. Whenever the mayor proposes an administrative order, the city council shall hold at least 1 public hearings on the proposal and post notice.

An organization or reorganization plan shall become effective at the expiration of 60 days from filing, unless the city council has disapproved the plan by majority vote prior to that date; provided, however, that if no regular city council meeting is held within the subsequent 60 days of the first regular meeting after the filing of an organization or reorganization plan, the city council shall instead have 60 days from the second regular meeting. The city council may vote only to approve or to disapprove the plan and may not vote to amend or to alter it.

SECTION 5-2: QUALIFICATIONS FOR APPOINTMENTS AND PROMOTIONS

All appointments and promotions of city officers and other city employees shall be made on the basis of fitness demonstrated by examination, past performance or by other evidence of competence and suitability. Each person appointed to fill an office or position shall be a person who has the experience, training or education to perform the duties of the office or position.

ARTICLE 6. FINANCIAL PROCEDURES
SECTION 6-1: FISCAL YEAR

The fiscal year of the city shall begin on July 1 and end on June 30, unless another period is required by the General Laws.

SECTION 6-2: COMMUNITY AND COUNCIL BUDGET INPUT

The city council shall hold a community budget hearing on or before February 15 of each year to solicit public input regarding budget priorities. The city council shall post notice of the community budget hearing 14 days in advance of the hearing. The mayor shall, at the first regular meeting of the city council of each year, solicit budget priorities from all city councilors.

SECTION 6-3: ANNUAL BUDGET MEETING

Not later than March 1 of each year, the mayor shall call a joint meeting of the city council and school committee, including the superintendent of schools, to review the financial condition of the city, revenue and expenditure forecasts for not less than 3 years and other relevant information prepared by the mayor in order to develop a coordinated budget.

SECTION 6-4: SUBMISSION OF OPERATING BUDGET; BUDGET MESSAGE

On or about May 30 of each year, the mayor shall submit to the city council a proposed operating budget for all city agencies for the next fiscal year. The proposed operating budget shall include the school budget, as adopted by the school committee, which shall be submitted to the mayor on or about May 15. The proposed operating budget shall be accompanied by a budget message and supporting documents. The budget message shall: (i) explain the operating budget in fiscal terms and in terms of work programs for all city agencies; (ii) outline the proposed fiscal policies of the city for the next fiscal year; (iii) describe important features of the proposed operating budget; and (iv) include any major variations from the current operating budget, fiscal policies, revenues and expenditures together with reasons for these variations. The proposed operating budget shall provide a complete fiscal plan of all city funds and activities and shall be in the form the mayor deems desirable; provided, however, that the budget proposals relative to elected officials shall identify the cost of compensation and the cost of benefits for such officials. The mayor and the superintendent of schools shall coordinate the dates and times of the school committee's budget process under the General Laws.

SECTION 6-5: ACTION ON THE OPERATING BUDGET
  1. (a) Public Hearing - The city council shall hold a public hearing on the proposed operating budget as submitted by the mayor. Not less than 7 days before such public hearing, the city council shall post a notice stating: (i) the times and places where copies of the entire proposed operating budget are available for inspection by the public; and (ii) the date, time and place when a public hearing on the proposed operating budget shall be held by the city council. The city council shall not act on the budget until after the public hearing has occurred.
  2. (b) Adoption of the Budget - The city council shall take action on the proposed operating budget, which may have amendments, before the end of the fiscal year. In amending the proposed operating budget, the city council may delete or decrease amounts except expenditures required by law; provided, however, that the city council shall not increase any specific item or the total of the proposed operating budget except on the recommendation of the mayor or unless otherwise authorized by the General Laws. If the city council fails to act on an item in the proposed operating budget prior to the beginning of the fiscal year, that amount shall, without any action by the city council, become a part of the appropriations for the year and be available for the purposes specified.
  3. (c) Availability of the Operating Budget - In addition to any other posting requirements, immediately after the submission of the proposed budget to the city council, the mayor or a designee shall post the entire budget document on the city website, where it shall remain posted during the city council review process contained in this article. After the enactment of the budget, the mayor or a designee shall post the final budget on the city website, where it shall remain throughout the fiscal year for which it is in effect. The final budget shall reflect any amendments made by the city council and approved by the mayor and shall indicate that it is the final budget.
SECTION 6-6: CAPITAL IMPROVEMENT PROGRAM
  1. (a) Submission - The mayor shall submit a capital improvement plan to the city council not later than November 1 of each year. The mayor shall annually revise the information regarding the capital improvements still pending or in the process of being acquired, improved, or constructed. The capital improvement plan shall include: (i) a general summary of its contents; (ii) a list of all capital improvements proposed to be undertaken during the next 5 years, with supporting information as to the need for each capital improvement; (iii) cost estimates, methods of financing, and recommended time schedules for each improvement; and (iv) the estimated annual cost of operating and maintaining each facility and piece of major equipment involved.
  2. (b) Public Hearing - The city council shall post a notice stating: (i) the times and places where entire copies of the capital improvements plan are available for the public; and (ii) the date, time and place of a public hearing on the plan to be held by the city council between 14 and 21 days after posting of the notice.
  3. (c) Adoption - Following the public hearing, but not later than December 1, the city council shall by resolution adopt or reject the capital improvements plan. The mayor may amend the adopted plan; provided, however, that each amendment shall be voted on separately; and provided further, that an increase in the capital improvements plan as submitted shall clearly identify the method of financing to accomplish the proposed increase.
SECTION 6-7: INDEPENDENT AUDIT

The mayor shall annually provide for an outside audit of the books and accounts of the city in the form of an annual comprehensive financial report to be conducted by a certified public accountant or a firm of certified public accountants, which has no personal interest, direct or indirect, in the fiscal affairs of the city or any of its officers. The scope of the audit shall specify that each year of the audit engagement, a different department, division or program shall be subject to an expanded scope audit or internal control review. The city council may, by majority vote, determine the department, division or program to be subject to an expanded scope audit or internal control review. The award of a contract to audit shall be made by the mayor not later than September 15 of each year. The report of the audit and all accompanying documents, including a management letter so-called shall be filed in final form with the city council not later than March 1 in the year following its award. The certified public accountant or firm of certified public accountants shall make a presentation to the city council as soon as practicable after March 1 but not later than May 31 of each year. Not less than every 3 years, the mayor shall conduct a procurement process using sound business practices to retain these services.

SECTION 6-8: EXPENDITURES IN EXCESS OF APPROPRIATIONS

Except as otherwise provided by law, an official of the city shall not knowingly or intentionally expend in a fiscal year sums in excess of the appropriations, awards, grants or gifts duly made in accordance with law or involve the city in any contract for the future payment of money in excess of these appropriations, awards, grants or gifts. It is the intention of this section that section 31 of chapter 44 of the General Laws shall be strictly enforced. Any official who violates this section shall be personally liable to the city for any amounts so expended to the extent that the city does not recover these amounts from the person to whom the sums were paid.

Sec. 38. Board of health.

As soon after the organization of the government as practicable the mayor shall appoint, subject to confirmation by the city council, three persons , who shall constitute the board of health, to serve, two for one year, and one for two years, and each year thereafter one to serve for the term of one year, and one for the term of two years. Vacancies occurring in the board may be filled in the same manner, but only for the unexpired term. At least one member of the board shall be a doctor of medicine. Said board may make rules not inconsistent with law, to govern the action of said inspectors. The board of health shall perform such duties as are prescribed by law and ordinance.

Sec. 39. Board of trustees of the public library.

The board of trustees of the public library shall consist of nine members, to be appointed by the mayor , subject to confirmation by the city council. As soon after the organization of the city government under this Charter as may be convenient, the mayor shall appoint three trustees to serve for the term of one year, three for the term of two years, and three for the term of three years, and each year thereafter the mayor shall appoint three trustees to serve for the term of three years. Vacancies occurring in the board may be filled in the same manner, but only for the unexpired term. Said trustees shall have the care and management of the public library.

Sec. 43. Purchasing agent to make all purchases.

The purchasing agent shall, subject to section 46A and the General Laws, make all purchases for the respective departments.

ARTICLE 7. PRELIMINARY ELECTIONS
SECTION 7-1: PRELIMINARY ELECTIONS

A preliminary election to nominate candidates for mayor, councilors at-large, ward councilors and school committee members shall be held on the second Tuesday in September in each odd-numbered year in which the candidates are to be elected. The city clerk may, with the approval of the city council, reschedule the preliminary election to the third Tuesday in September to avoid a conflict with any civil or religious holiday. If a special election to fill a vacancy is to be held, a preliminary election shall be conducted, if necessary, not less than 35 days before the date established for the special election. A preliminary election to fill a vacancy in the office of ward councilor or school committee member shall be held only in the ward where there is a vacancy.

SECTION 7-2: PRELIMINARY ELECTION PROCEDURES
  1. (a) Signature Requirements - The number of signatures of voters required to place the name of a candidate on the official ballot to be used at a preliminary election shall be as follows: (1) Mayor – not less than 250 certified signatures; (2) At-Large City Councilor - not less than 100 certified signatures; (3) Ward City Councilor – not less than 50 certified signatures, all of which shall be certified as being from the ward from which election is sought; and (4) School Committee Member - not less than 50 certified signatures, all of which shall be certified as being from the ward from which election is sought.
  2. (b) Forms - Signatures of voters shall be made on a form prescribed by the board of election commissioners and shall be made available not earlier than April 2 and not later than June 18 in each municipal election year. The forms shall be submitted to the board of election commissioners for certification of the signatures not later than the 14 days before submission to the city clerk. The forms shall be submitted to the city clerk not later than 5:00 p.m. on the forty-fifth day prior to the declared date of the preliminary election. An individual may appear on the ballot for only 1 office at any preliminary, regular or special municipal election.
  3. (c) Ballot Position - The order in which names of candidates for each office appear on the ballot shall be determined by a drawing conducted by the city clerk not less than 40 days before the preliminary election. The drawing shall be open to the public.
  4. (d) Determination of Candidates for election: (1) Offices of Mayor, Ward Councilor and School Committee - the 2 candidates who receive the highest number of votes for nomination to each office at the preliminary election shall, except as provided by subsection (e), be the candidates for that office. The candidates’ names shall be printed on the official ballot to be used at the regular or special municipal election at which the office is to be voted upon and an acceptance of a nomination shall not be necessary to its validity. (2) Offices of City Councilor At-Large - the 8 candidates who receive the highest number of votes for nomination to the office shall, except as provided by subsection (e) upon and an acceptance of a nomination shall not be necessary to its validity. (3) Preliminary Results; Tied Vote - If there is a tie among candidates for the last available ballot position for any given elected office, then all candidates receiving the same number of votes for the office shall be printed on the regular municipal election ballot, notwithstanding any other provisions in this charter specifying the number of candidates to be printed on the election ballot.
  5. (e) Condition Making Preliminary Unnecessary - If the time for filing forms of candidates to be on the ballot for any preliminary election has expired and the number of forms filed with the city clerk for an office is not more than 2 for the office of mayor, ward councilor or school committee member and 8 for the office of city councilor at-large, the candidates whose forms have been filed shall be deemed nominated to that office. Those candidates shall be voted on for the office at the regular or special municipal election. The city clerk shall not print those names on the ballot to be used at the preliminary election and another nomination to the office shall not be made and a preliminary election shall not be held for the office or offices.
SECTION 7-3: REGULAR MUNICIPAL ELECTION

The regular municipal election shall be held on the Tuesday following the first Monday in November in each odd-numbered year.

SECTION 7-4: BALLOT POSITION, REGULAR MUNICIPAL ELECTION

The order in which names of candidates for each office appear on the ballot shall be determined by a drawing conducted by the city clerk not later than 7 days after the certification of the preliminary election results. If there is no preliminary election in advance of the regular municipal election or a special election, the drawing shall be conducted on the Tuesday 6 weeks prior to the election. The drawing shall be open to the public.

SECTION 7-5: NON-PARTISAN ELECTIONS

All elections for city offices shall be non-partisan and election ballots shall be printed without any party mark, emblem or other political designation.

SECTION 7-6: WARDS

The territory of the city shall be divided into 7 wards by the city clerk to consist of as nearly an equal number of inhabitants as it is possible to achieve, based on compact and contiguous territory, bounded as far as possible by the center line of known streets or ways or by other well-defined limits. Each ward shall be composed of voting precincts established under the General Laws. The city council shall review these wards to ensure uniformity in the number of inhabitants not less than once every 10 years.

SECTION 7-7: APPLICATION OF STATE GENERAL LAWS

Except as otherwise expressly provided in this charter and authorized by law, all municipal elections shall be governed by the General Laws relating to the right to vote, the registration of voters, the nomination of candidates, voting places, the conduct of preliminary, regular and special municipal election, the submission of charters, charter amendments and other propositions to the voters, the counting of votes, the recounting of votes and the determination of results.

ARTICLE 8. GENERAL PROVISIONS
SECTION 8-1: CHARTER CHANGES

This charter may be replaced, revised or amended in accordance with the state constitution or the General Laws.

SECTION 8-2: SPECIFIC PROVISION TO PREVAIL

To the extent that a specific provision of this charter conflicts with any provision expressed in general terms, the specific provision of this charter shall prevail.

SECTION 8-3: RULES AND REGULATIONS

A copy of all rules and regulations adopted by a city agency shall be posted to the city website. Unless an emergency exists, as determined by the mayor, a rule or regulation adopted by a city agency shall not become effective until not less than 5 days following the date it is posted. This section shall not apply to internal operating protocols and policies enacted by city departments.

SECTION 8-4: PERIODIC REVIEW OF CHARTER

The mayor and city council shall provide for a review to be made of the city charter not less than once every 10 years to determine the need, if any, for changes and prepare recommendations addressing any proposed changes. The manner of the review shall be established by ordinance and incorporate opportunities for community input. The report of the committee and accompanying recommendations, if any, shall be filed with the city clerk on a date specified by ordinance.

SECTION 8-5: PERIODIC REVIEW OF ORDINANCES

The mayor and city council shall provide for a review to be made of some or all of the city ordinances not less than once every 10 years to determine the need for amendments, if any. Such review shall be scheduled to follow the charter review as provided in section 8-4 of the charter by at least 1 year. The manner of the review shall be established by ordinance. The review of city ordinances shall be under the supervision of the city attorney and incorporate opportunities for community input. The recommendations shall be filed with the city clerk on a date specified by ordinance.

SECTION 8-6: PERIODIC REVIEW OF MULTIPLE-MEMBER BODIES

The mayor and the city council shall provide for a review to be made of all multiple-member bodies not less than once every 10 years; provided, however, that such bodies as are required in cities by the General Laws shall not be included in such review. This review shall be made by a special committee whose membership and term shall be determined by ordinance and the initial review shall be implemented as provided in subsection (d) of section 9-7. The special committee shall file its report with the city clerk on a date specified by ordinance. The committee’s report should include an assessment of the function and relevance of multiple-member bodies included in the review and may include recommendations to combine, dissolve or create multiple-member bodies to address redundancies or emerging concerns of the city.

SECTION 8-7: UNIFORM PROCEDURES GOVERNING MULTIPLE-MEMBER BODIES

Open meeting law and procedures in the General Laws shall apply to the proceedings of multiple-member bodies and shall include the following:

  1. (1) Officers - All appointed multiple-member bodies shall elect a chair, a vice-chair and any other officer it deems necessary.
  2. (2) Meetings - All appointed multiple-member bodies of the city shall meet regularly at the times and places that the multiple-member body, by the body’s own rules, prescribe. Special meetings of any multiple-member body shall be held at the call of the chair or by a majority of the members of the body. Notice of the meeting shall be posted as required by law. Except as may otherwise be authorized by law, all meetings of all multiple-member bodies shall, at all times, be open to the public.
  3. (3) Meeting Documents and Submissions - Each appointed multiple-member body shall determine its own rules and order of business. Each multiple-member body shall provide for the keeping of agendas, minutes and related submissions of its proceedings. All documents shall be a public record and certified copies shall be placed on file in the office of the city clerk within a reasonable period from the date of approval.
  4. (4) Voting - If requested by any member, a vote of an appointed multiple-member body shall be taken by a roll call vote and the vote of each member shall be recorded in the minutes, provided, however, that if the vote is unanimous only that fact need be recorded. Unless some other provision is made by the multiple-member body's own rules while a quorum is present, except on procedural matters, any action on a matter representing an exercise of the powers of the multiple-member body shall require a majority vote. General Laws related to a vote to meet in executive session shall always require a majority of members of the body.
SECTION 8-8: REFERENCES TO GENERAL LAWS

All references to General Laws contained in this charter refer to the Massachusetts General Laws and are intended to refer to and to include any amendments or revisions to chapters or sections or to the corresponding chapters and sections of any rearrangement, revision or recodification of statutes enacted or adopted subsequent to the adoption of this charter.

SECTION 8-9: COMPUTATION OF TIME

In computing time under this charter, the day of the act or event after which the designated time period begins to run shall not be included. The last day of the period shall be included, unless it is a Saturday, Sunday or legal holiday, in which event the period shall be extended to the next business day.

SECTION 8-10: OATHS OR AFFIRMATIONS
  1. (a) Officials Elected in Regular Municipal Elections - On the first business day in January of each even-numbered year, the city council members-elect, the school committee members-elect and the mayor-elect, shall meet and take an oath or affirmation to faithfully discharge the duties of their office. The oath or affirmation shall be administered by the city clerk, the assistant city clerk, a judge of a court of record or by a justice of the peace. Each official taking the oath or affirmation shall also sign a written version, which shall be kept in a bound book maintained by the city clerk. If the mayor-elect or any member-elect of the city council or school committee is absent on the day the oath is administered, the oath or affirmation shall be administered at any time within 10 days of the first business day of January, unless circumstances beyond the control of the officer-elect prevent such action, but in no instance shall the time period to be sworn to office extend beyond 30 days from the first business day of January.
  2. (b) Other Elected Officials and Appointed Positions - Except as otherwise provided by law, every person who is elected or appointed to an office or as a member of a multiple-member body shall take an oath or affirmation before performing any act under this election or appointment. A record of this oath or affirmation shall be kept by the city clerk.
SECTION 8-11: LIMITATION ON OFFICE HOLDING

Unless otherwise allowed by law or this charter, a person shall not simultaneously hold more than 1 office or position of employment with the city. This section may be waived by the mayor by filing a notice of the waiver with an explanation and justification with the city clerk.

SECTION 8-12: FELONY CONVICTION

An elected official who has been convicted of a state or federal felony while holding office shall be deemed to have vacated the office.

SECTION 8-13: ENFORCEMENT OF CHARTER PROVISIONS

It shall be the duty of the mayor to see that this charter is faithfully followed and complied with by all city agencies and employees. If it appears to the mayor that a city agency or employee is not following this charter, the mayor shall, in writing, cause notice to be given to that agency or employee directing compliance with this charter. If it appears to the city council that the mayor is not following this charter, the city council shall, by resolution, direct the attention of the mayor to those areas in which it believes there is a failure to comply with this charter. The procedures made available in chapter 231A of the General Laws may be used to determine the rights, duties or other legal relations arising under this charter, including any question of construction or validity which may be involved in that determination.

ARTICLE 9. TRANSITION PROVISIONS
SECTION 9-1: CONTINUATION OF EXISTING LAWS
  1. (a) All General Laws, special laws, city ordinances, city council votes, rules and regulations of or pertaining to the city that are in force when this charter takes effect, and not specifically or by implication repealed by this charter, shall continue in full force and effect until amended or repealed, or rescinded by due course of law, or until they expire by their own limitation. In any case in which the provisions of this charter are found to be inconsistent with the provisions of any general or special law that would otherwise be applicable, the provisions of this charter shall prevail.
  2. (b) Except as otherwise provided in this charter, the city shall not be subject to provisions of chapter 31 of the General Laws. Uniform positions within the police department below the rank of deputy chief shall continue to be subject to said chapter 31. All uniform positions within the fire department, except the assistant chief position and the employee serving in such capacity, shall continue to be subject to said chapter 31. Tenured civil service employees of the city shall continue to be subject to the provisions of said chapter 31 in the classification held at the time of the effective date of this charter.
SECTION 9-2: CONTINUATION OF GOVERNMENT AND ADMINISTRATION

All city agencies and city officials shall continue to perform their duties until reappointed, until successors to their respective positions are appointed or until their duties have been transferred and assumed by another city agency. All officers and department heads previously appointed or appointed and confirmed at the time this charter takes effect shall not be required to be reappointed or re-appointed and confirmed, unless otherwise provided by this charter.

SECTION 9-3: TRANSFER OF RECORDS AND PROPERTY

All records and property of any city agency, or part thereof, the powers and duties of which are assigned in whole or in part to another city agency, shall be transferred forthwith to that agency.

SECTION 9-4: CONTINUATION OF PERSONNEL

All city office holders and employees shall retain the office, position or employment they hold, and shall continue to perform the duties of the office, position or employment until their employment or position is otherwise terminated or other provisions are made. A person in full-time service of the city shall not forfeit accrued time in service of the city as a result of adoption of this charter.

SECTION 9-5: EFFECT ON OBLIGATIONS, TAXES, ETC.

All official bonds, recognizances, obligations, contracts and other instruments entered into or executed by, with or on the behalf of the city before the adoption of this charter, shall continue to be obligations of the city and all taxes, assessments, fines, penalties and forfeitures, incurred or imposed, due or owing to the city, shall be enforced and collected and all writs, prosecutions, actions and causes of action, except as herein otherwise provided, shall continue without abatement and remain unaffected by this charter and any legal act done by or in favor of the city shall not be rendered invalid by reason of the adoption of this charter.

SECTION 9-6: DISPOSITION OF CERTAIN SPECIAL ACTS
  1. (a) Certain Special Acts repealed - The following special acts are hereby repealed: St.1899, c. 240, establishing a charter for the city of Somerville; provided, however, that section 38 establishing the composition and term of the board of health, section 39 establishing the composition and term of the board of library trustees, and section 43 requiring that the purchasing agent make all city purchases, shall remain in effect until such time as the city acts under Article 5 of the charter to enact 1 or more administrative orders; St. 1982, c. 656 authorizing the mayor and council salaries to be set by ordinance; St. 1989, c. 355, establishing a 3 year term for the city clerk; St. 2014, c. 90, filling a vacancy in the office of mayor; St. 2018, c. 355, replacing the words “board of aldermen” and “alderman”, with the words “city council” and “councilor”, replacing the words “alderman at-large” with the words “councilor at-large”, and replacing the words “aldermen-elect” with the words “council-elect”, and St. 2022, c. 312, making c. 240 of 1899 gender neutral.
  2. (b) Certain Special Acts Recognized and Retained - The following special acts, including those which amended Chapter 240 of the Acts of 1899, relating to the organization of the city's government, are recognized and retained as follows, notwithstanding any reference to said c. 240: St. 1923, c.191, St. 1939, c.190, and St. 2018, c.410 relating to the Licensing Commission; St. 1928, c. 49 and c. 81, St. 2021, c. 63 relating to the Board of Appeals; St. 1928, c. 82, St. 2018, c. 410, and St. 2012, c. 400 relating to the Board of Election Commissioners; St. 1934, c. 294 relating to the Auditor, St. 1934, c. 295 relating to the Treasurer; St. 1953, c. 650, St. 1988, c. 94, St. 2004, c. 317, and St. 2008, c.112 relating to the Department of Public Works; St. 1977, c. 644 relating to the School Committee; St. 1985, c. 23, and St. 2012, c. 400 relating to the Board of Assessors; St. 1991, c. 390 relating to the Disabilities Commission; St. 2008, c. 106 establishing the Municipal Hearing Officer; St. 2012, c. 381, and St. 2016, c. 142 relating to the Alcoholic Beverages Commission; St. 2018, c. 364 relating to the Redevelopment Authority; St. 1978, c. 397, St. 2012, c. 400 relating to the Traffic Commission; and ss. 1-10, 26, 43, 47, 48, 49, 50, 56, 57, 58, 59 and 60 of c. 400 of the Acts of 2012 until such time as the city acts under Article 5 of this charter to adopt 1 or more administrative orders.

DIVISION 2 CHARTER APPENDIX*

ARTICLE I. BOARD OF APPEALS
Sec. 1. Powers and duties.

There shall be a zoning board of appeals in the city of Somerville with all the powers and duties under section 12 of chapter 40A of the General Laws.

Sec. 2. Superseded.
ARTICLE II. ASSOCIATE MEMBERS OF THE BOARD OF APPEALS
Sec. 1. Appointment; vacancies.

The City of Somerville may by ordinance provide for the appointment by the mayor , subject to confirmation by the councilors, of associate members of the board of appeals established in relation to the zoning ordinances and general building ordinances of said city under chapter 40A of the General Laws. In case of a vacancy, inability to act or interest on the part of a member of the board of appeals that member's place shall be taken by an associate member.

Sec. 2. Acceptance of Act and effective date.

This Act shall take effect upon its acceptance, during the current year, by vote of the city council of said city , subject to the provisions of its Charter , otherwise it shall not take effect; but, for the purpose of such acceptance, it shall take effect upon its passage.

ARTICLE III. LICENSING COMMISSION
Sec. 1. Creation; powers and duties; compensation.

The City of Somerville may by ordinance establish a licensing commission and from time to time place in charge of and withdraw from said commission the issuing of such of the licenses, now or hereafter authorized by law to be issued by its city council , as the city may by ordinance determine. Said commission shall have all the powers conferred by the statutes of the Commonwealth upon the city council and the mayor in relation to such licenses as may be placed in its charge and the regulation of the subject matters thereof. The members of said commission shall be appointed by the mayor, subject to confirmation by the city council, and shall receive such compensation, if any, as the mayor and city council may determine. The powers and duties of licensing boards, mentioned in Section four of Chapter one hundred and thirty-eight of the General Laws , shall vest in said commission.

Sec. 2. Composition; appointment.

Notwithstanding section 4 of chapter 138 of the General Laws or any other general or special law to the contrary, the licensing commission of the city of Somerville shall consist of 3 members and 1 alternate member, each of whom shall be appointed by the mayor, subject to confirmation by the city council, without regard to political affiliation. The alternate member shall sit on the various cases where the alternate member may fulfill the obligations of any member incapacitated by conflict of interest, inability to act or absence. For the purpose of deliberations of the licensing commission, the alternate member may participate in any discussion on any matters before the commission regardless of whether the alternate member will be designated to vote on the particular matter.

ARTICLE IV. BOARD OF ELECTION COMMISSIONERS
Sec. 1. Superseded.
Sec. 2. Composition; compensation.

There shall be a board of election commissioners in the city of Somerville. The board shall consist of 4 persons, 2 of whom shall always represent each of the 2 leading political parties, as defined in section 1 of chapter 50 of the General Laws. They shall receive such compensation as the mayor and city council may determine.

Sec. 3. Members; appointment, terms.

The members of the board of election commissioners shall serve until the expiration of the member’s respective term and until a successor is qualified. As the terms of the several election commissioners expire, and in case a vacancy occurs in said board, the mayor shall, subject to the approval by the city council , so appoint their successors that the members of the board shall equally represent the two leading political parties as defined as aforesaid. Such appointments shall be for terms of three years beginning April first, except that any appointments to fill a vacancy shall be for the unexpired term.

Sec. 4. Organization; record keeping.

The board shall organize annually in the month of April by the choice of a chair and a secretary. In case the members are unable to agree upon a chair and a secretary, such officers shall be designated by the mayor . The secretary shall keep a full and accurate record of the proceedings of the board and shall perform such other duties as the board may require.

Sec. 5. Powers and duties.

The board of election commissioners shall oversee the conduct of elections under state laws and regulations and this charter, except for the power and duty of fixing the days, hours and places for holding municipal elections.

Sec. 6. Appointment of assistants authorized.

The mayor may appoint assistant election commissioners and such other assistants as the mayor deems necessary, who shall at all times equally represent the 2 leading political parties as defined in section 1 of chapter 50 of the General Laws.

Sec. 7. Annual register; notice to persons not entered.

The board of election commissioners shall, after the first day of January in each year, prepare an annual register containing the names of all qualified voters in said city for the current year, beginning with the first day of January. The names shall be arranged by precincts and, opposite the name of each voter, shall be entered their residence on the preceding first day of January or on any subsequent day when the voter became a resident of the city. The board of election commissioners shall enter in the annual register every name contained in the lists, for the current year, of persons listed by the listing board, giving, as the residence of each person on the first day of January, the place at which each person was listed by said board; provided, that in every case they are able to identify the name so listed as that of a person whose name was borne on the voting list of said city at the last preceding election. They shall make all inquiries and investigations necessary to identify such person, and they shall not enter in the annual register the name of a person objected to by any of the election commissioners, until such person has been duly notified and been given an opportunity to be heard by them, and shall have appeared and satisfied them of the person's right to have their name so entered. The board of election commissioners shall forthwith enter in the annual register the name of every person whose qualifications as a voter have been determined by them in the current year and whose name has accordingly been entered in the general register. They shall, on or before the first Monday of August in each year, send notice in writing by mail to each voter of the preceding year whose name has not been entered in the annual register of the current year that their name has not been so entered.

ARTICLE VI. MUNICIPAL ELECTIONS
Sec. 1. Preliminary elections; date and hours.

On the third Tuesday preceding every regular or special municipal election in the City of Somerville at which any elective municipal office is to be filled, there shall be held, except as otherwise provided in section ten, (section 14 of this article) a preliminary election for the purpose of nominating candidates therefor. The polls at every such election shall be open during such hours, not less than nine, as may be designated by the city council , and the General Laws relative to municipal elections shall apply thereto, except as is otherwise specifically provided in this Act.

Sec. 2. Nominating procedure limited.

Except as is otherwise provided, there shall not be printed on the official ballot to be used at any regular or special municipal election in said city the name of any person as a candidate for any office unless such person has been nominated as such at a preliminary election for nomination. There shall not be printed on the official ballot for use at such preliminary election the name of any candidate for nomination at such election unless the candidate shall have submitted, within the time limited and as provided by section three, the nomination paper therein described.

Sec. 3. Requirements for nomination.

Any person who is qualified to vote at any regular or special election for a candidate for any elective municipal office in said city , and who is a candidate for nomination thereto, shall be entitled to have their name as such candidate printed on the official ballot to be used at a preliminary election for nomination therefor; provided, however, that if such person is a candidate to be voted for in a single ward, they are a registered voter in the ward wherein they are a candidate; and provided further, that on or before 5 p.m. of the eighth Tuesday preceding such regular or special municipal election, there shall be submitted to the board of election commissioners, hereinafter called the board, a nomination paper prepared and issued by the board, wherein the candidate sets forth in writing their candidacy and wherein the petition is signed by voters of the city qualified to vote for a candidate for said office to the number of at least 250 for the office of mayor , 150 for the office of councilors at large and 100 for the office of ward councilor and of member of the school committee, whose signatures are certified as hereinafter provided.

Sec. 4. Form of nomination paper.

Said nomination papers shall be in substantially the following form:

COMMONWEALTH OF MASSACHUSETTS

CITY OF SOMERVILLE NOMINATION PAPER

STATEMENT OF CANDIDATE

I (____________), on oath declare that I am a citizen of the United States of America, that I have resided in the City of Somerville for at least six months , that my present residence is (number, if any) on (name of street) and ward in said city, that I am a voter therein, qualified to vote for a candidate for the office hereinafter mentioned; that I am a candidate for the office of (name of office) for (state the term) to be voted for at the preliminary election to be held on Tuesday, the day of __________, two thousand and ____, and I request that my name be printed as such candidate on the official ballot for use at said preliminary election.

(Signed)

COMMONWEALTH OF MASSACHUSETTS

Middlesex, ss/

Subscribed and sworn to on this __________ day of ___________, two thousand and ____, before me,

(Signed)

Justice of the Peace

(or Notary Public)

Sec. 5. Petition accompanying statement of candidate.

Whereas (name of candidate) is a candidate for nomination for the office of (state the office) for (state the term), we, the undersigned, voters of the City of Somerville duly qualified to vote for a candidate for said office, do hereby request that the name of said candidate for nomination for said office be printed on the official ballot to be used at the preliminary election to be held on Tuesday, the _________ day of ____________, two thousand and _____.

We further state that we believe said candidate to be of good moral character and qualified to perform the duties of the office.
Signature of Nominators (to be made in person) Residence April 1 Ward Present Residence
Sec. 6. Acceptance of nomination not required.

No acceptance by the candidate for nomination named in the said nomination paper shall be necessary to its validity or its filing. The petition, which may be on one or more papers, need not be sworn to.

Sec. 7. Names to be certified by certain time.

After any such nomination paper has been submitted to the board, it shall certify thereon the number of signatures which are the names of registered voters in said city qualified to sign the same. All such papers found not to contain a number of names so certified equivalent to the number required to make a nomination shall be invalid, and such papers shall be preserved by the board for one year. The board shall complete their certification on or before five o'clock in the afternoon of the seventh Tuesday preceding such regular or special municipal election, and the board, or some member thereof, shall file in their office on or before five o'clock in the afternoon of the next day all papers not found to be invalid as aforesaid.

Sec. 8. Posting of qualified candidates; position on ballot to be drawn by lot; form of preliminary official ballot.

On the first day, other than a legal holiday, following the expiration of the time for filing the above described nomination papers, the board shall post in a conspicuous place in their office the names and residences of the candidates for nomination who have duly qualified as such, as they are to appear on the official ballots to be used at the preliminary election, except as to the order of the names, which shall be drawn by lot by the chair of the board within seven days succeeding five o'clock in the afternoon of the last day fixed for the filing of objections to nomination papers, and the board shall cause the ballots, which shall contain said names in their order as so drawn, and no others, with a designation of residence, and of the office and term of office, to be printed, and the ballots so printed shall be official and no others shall be used at the preliminary election. At any drawing for position on the ballot, each candidate shall have an opportunity to be present in person or by one representative. There shall be left at the end of the list of candidates for nomination for each office blank spaces equal in number to the number of persons to be nominated therefor, in which spaces the voter may insert the name of any person not printed on the ballot for whom the voter desires to vote for nomination for such office, but the name of such person shall not be printed on the official ballot to be voted for at any regular or special municipal election in said city unless such person is qualified to be nominated under the provisions of section three (sections 3 through 6 of this article). There shall be printed on such ballots such directions as aid the voter, as for example: "vote for one", "vote for two", and the like, and the ballot shall be headed substantially as follows:

OFFICIAL PRELIMINARY BALLOT

Candidates for nomination for the offices of (name of offices) in the City of Somerville at a preliminary election to be held on the ___________ day of __________, in the year two thousand and ________.

On the back and outside of each ballot when folded shall be printed the words "Official Ballot for Preliminary Election", followed by the designation of the ward, for which the ballot is prepared, the date of the preliminary election and a facsimile of the signatures of the members of the board.

Sec. 9. Party or political designations prohibited on ballots.

No ballot used at any preliminary election in said city shall have printed thereon any party or political designation or mark, and there shall not be appended to the name of any candidate any such party or political designation or mark, or anything showing how the candidate was nominated or indicating the candidate's view or opinions.

Sec. 10. When polling places to be announced.

The preliminary elections and the regular municipal elections shall be held by wards and the city council shall designate on or before the eighth Tuesday preceding a regular municipal election or on or before the fourth Tuesday preceding a special municipal election, the polling places where the preliminary election and the regular municipal elections shall be held. The regularly appointed election officers shall serve at both the preliminary elections and the regular municipal elections.

Sec. 11. Counting of ballots; announcement of results.

The election officers shall, immediately upon the closing of the polls at preliminary election, count the ballots and ascertain the number of votes cast in the several voting places for each candidate, and forthwith make return thereof upon blanks to be furnished, as in regular elections, to the board, who shall canvass said returns and shall forthwith determine the result thereof, insert the same in a newspaper published in said city and post the same in a conspicuous place in the board's office.

Sec. 12. Determination of persons nominated.

The two persons receiving at a preliminary election the highest number of votes for nomination for any office, except one to which two or more persons are to be elected at the regular or special election following, and, as to each of such offices, the several persons in number equal to twice the number so to be elected receiving at such preliminary election the highest number of votes for nomination for that office, shall, except as provided by section ten, (section 14 of this article) be the sole candidates for that office whose names may be printed on the official ballot to be used at the regular or special election at which such office is to be filled.

Sec. 13. Tie votes.

If the preliminary election results in a tie vote among candidates for nomination to any office receiving the lowest number of votes, which, but for said tie vote, would entitle a person receiving the same to have their name printed upon the official ballot for the election, all candidates participating in said tie vote shall have their names printed upon the official ballot, although in consequence there be printed thereon the names of candidates to a number exceeding twice the number to be elected.

Sec. 14. Exception to preliminary election.

If at the expiration of the time for filing nomination papers for candidates to be voted for at any preliminary election there have not been filed more than twice as many such nomination papers, for an office as there are persons to be elected to such office, the candidates whose nomination papers have thus been filed shall be deemed to have been nominated to said office, and their names shall be printed on the official ballot to be used at the regular or special election following, and the board shall not print said names upon the ballot to be used at said preliminary election, and no other nomination to said office shall be made. If in consequence it shall appear that no names are to be printed upon the official ballot to be used at any preliminary election in any ward or wards of said city , no preliminary election shall be held in any such ward or wards.

Sec. 15. Certain election laws to apply.

Preliminary elections in said city shall be subject to all General Laws relative to elections, so far as the same are applicable thereto, except as otherwise expressly provided in this Act.

Sec. 16. Repealer.

So much of Chapter two hundred and forty of the Acts of eighteen hundred and ninety-nine, (the revised Charter ) and acts in amendment thereof and in addition thereto, as is inconsistent herewith is hereby repealed.

ARTICLE VII. TRAFFIC COMMISSION
Sec. 1. Established; composition; terms of appointment members.

There is hereby established in the City of Somerville, hereinafter referred to as the city, a traffic commission, consisting of the commissioner of public works, the chief of police or their designee, the chief engineer of the fire department or their designee, the chair of the committee on traffic and parking of the city council and one member of the general public of the city appointed by the mayor and confirmed by the city council. The member appointed by the mayor shall serve for a term coterminous with the mayor, or until the qualification of a successor.

Sec. 2. Chair; compensation of members.

The commissioner of public works shall be chair of the traffic commission. The members of the traffic commission shall receive no compensation for their services as commissioner, but shall be reimbursed by the city for any expenses actually and necessarily incurred in the performance of their duties.

Sec. 3. Meetings; notice required.

Meetings of the traffic commission shall be held on the third Tuesday of each month unless sooner necessitated for reasons of public safety, welfare or convenience, in which case a meeting may be called on motion of the chair. Notice of meetings shall be posted according to the provisions of section twenty-three B of chapter thirty-nine of the General Laws and shall be sent to all commission members, the mayor , the city council and the planning director. All of said persons may attend commission meetings and present their views, but only commission members may vote.

Sec. 4. Appointment of certain positions.

Upon recommendation of the traffic commission the mayor , with the approval of the city council shall have the authority to create the position of director of traffic and parking and subordinate staff positions including parking control officers. The mayor shall, with the approval of the city council, make appointments to such positions and shall fix their compensation.

Sec. 5. Traffic director; qualifications, removal.

A member of the traffic department staff shall be a traffic engineer, possessing the qualifications required for associate or full membership in the Institute of Traffic Engineers. The position of traffic engineer shall not be subject to chapter 31 of the General Laws . The traffic director shall be appointed and may be removed in the same manner set forth for the suspension and removal of officers confirmed by the city council .

Sec. 6. Board of traffic and parking-Established; composition; terms; compensation.

There is hereby established in the City of Somerville a board of traffic and parking, hereinafter referred to as the traffic board, consisting of three persons to be appointed as follows: one by the mayor for a term of one year, one by majority vote of the city council for a term of two years and one by vote of the first two members for a term of three years; provided, however, that if, after thirty days from the appointment of the first two members the third member has not been agreed to, such member shall be appointed by the mayor, subject to confirmation by the city council. Upon the expiration of the term of a member, their successor shall be appointed for a term of three years. Members shall be eligible for reappointment. No person holding public office in said city shall be eligible for appointment. A member shall not receive any compensation for their services, but shall be reimbursed for all reasonable expenses incurred by them in carrying out their duties. The chair of the traffic board shall be chosen by and from its membership.

Sec. 7. Same-Functions.

The traffic board shall carry out the functions prescribed in clause (b) of section three (section 8(b) of this article) and, in addition, shall be available to the traffic commission for advice and consultation with respect to all of its activities.

Sec. 8. Powers and duties.

The traffic commission shall have exclusive authority, except as otherwise provided in this Act, to take any and all of the following actions, if it determines that such actions serve the public safety, welfare or convenience. Subject to the provisions of Section two of Chapter eighty-five of the General Laws :

  1. (a) The traffic commission may adopt, alter or repeal rules and regulations, in a manner consistent with the general laws as modified by this Act, relative to vehicular and pedestrian traffic in the streets of the city , and to the movement, stopping, standing or parking of vehicles on, and their exclusion from, all or any streets, ways, highways, roads and parkways under the control of the city, including rules and regulations designating any way or part thereof under such control as a through way under and subject to the provisions of Section nine of Chapter eighty-nine of the General Laws. Any rule or regulation adopted under this clause, prohibiting the parking or standing of vehicles on the whole or any part or parts of one or more streets, ways, highways, roads or parkways under the control of the city, may provide that it shall not apply in such residential areas as shall be specified, and at such times as shall be prescribed, in such rule or regulation, to any motor vehicle registered under Chapter ninety of the General Laws as principally garaged in the city and owned or used by a person residing in such area who, in the year in which such vehicle is parked or in the preceding December for such year, shall have given, by a writing executed in such form and detail as such rule or regulation shall prescribe, and filed with the chief of police, notice of intention to park in such area and shall display in a conspicuous place on such vehicle, while parked, such visible evidence of the giving of such notice as such rule or regulation shall prescribe; but neither the giving of such notice nor the issuance of visible evidence of the giving thereof shall be construed to assign any specific space to any person or vehicle. The traffic commission may, with the approval of the mayor and city council , prescribe fines for violations of rules or regulations adopted under this chapter excluding snow emergency parking violations as described in this paragraph; provided, however, that no penalty in excess of $30 shall be imposed except by ordinance. The traffic commission may, with the approval of the mayor and the city council, prescribe a schedule of fines for the following snow emergency parking violations: parking within 20 feet of an intersection, parking within the area of a fire hydrant and parking within designated fire lanes; provided, however, that no penalty in excess of $50 shall be imposed except by ordinance. A penalty imposed under this section may, if provided in the regulations imposing penalties, be increased by up to 17 per cent if paid later than 21 days after the issuance of a notice of a parking violation but before the parking clerk reports to the registrar in accordance with section 20A1/2 of chapter 90 of the General Laws and 67 per cent if paid thereafter. No adoption, alteration or repeal of a regulation shall take effect until public notice of the proposed action has been given, except with respect to such special rules or regulations as are declared by the traffic commission to be urgently required for the public safety or welfare or such as are of a temporary nature and are to be effective for a period of not more than three weeks. Public notice shall be given by publication in full of the proposed adoption, alteration or repeal not less than once in each of three successive weeks in one or more newspapers published or distributed in the city. The public notice shall include a statement of the effective date of the proposed action, which shall not be less than twenty-one days following the first of the three newspaper publications. A copy of the public notice shall be provided to the members of the city council at the time of publication.
  2. (b) Upon the filing of petitions with the traffic board by not less than fifty registered voters of the city, relative to any rule or regulation proposed to be adopted, altered or repealed, and not yet in effect, the proposed action shall be suspended, and the traffic board shall hold a public hearing thereon within two weeks of the date the petitions were filed, and shall by majority vote approve or disapprove the proposed action within two weeks following the public hearing. Upon the filing of petitions with the traffic board by not less than fifty registered voters of the city, relative to any rule or regulation which has been adopted, altered or repealed for a period of at least thirty days, the traffic board shall hold a public hearing thereon within two weeks of the date the petitions were filed and shall, following such hearing, determine by majority vote whether to avoid the adoption, alteration or repeal of the rule or regulation.
  3. (c) The traffic commission may erect, make and maintain, or cause to be erected, made and maintained, traffic signs, signals, markings and other devices for the control of traffic and parking in the city and for informing and warning the public as to rules and regulations adopted under this act, subject, however, to Section two of Chapter eighty-five and to Sections eight and nine of Chapter eighty-nine of the General Laws.
  4. (d) The traffic commission may recommend to the city council the alteration, construction, erection, installation and maintenance of street lights.
  5. (e) The traffic commission, with the approval of the mayor, may retain the services of qualified consultants when such retention is deemed necessary or advisable.
  6. (f) The traffic commission may promulgate regulations that provide that any sergeant or officer of higher rank in the police department may cause to be removed to some convenient place by towing by an independent contractor any vehicle except a vehicle owned by the Commonwealth or a political subdivision thereof or by the United States or an instrumentality thereof or registered by a member of a foreign diplomatic corps or by a foreign consular officer who is not a citizen of the United States and bearing distinctive number plate otherwise conspicuously marked as so owned or registered, and except a vehicle owned by a disabled veteran or a handicapped person and bearing a distinctive number plate, which is parked or standing on any part of any street, way, highway, road or parkway if in the calendar year in which such vehicle is so removed and in the preceding calendar year, five or more notices, in the aggregate, have been affixed to said vehicle, as provided in section 20A1/2 of chapter 90 of the General Laws, and remain unpaid and the cost of such removal and of storage charges resulting therefrom, in accordance with the traffic regulations then in effect, shall be imposed upon the owner of such vehicle. Any such vehicle so removed shall be held until all charges imposed for such removal and storage following the same have been paid and due notice has been received that the fines provided in such notices affixed to said vehicle have been paid or security for the payment thereof has been deposited. The police department shall promptly mail written notice to the registered owner of any such vehicle so removed, directed to the address furnished by the registry of motor vehicles or comparable agency of the state in which said vehicle is registered, stating the date on which such vehicle was removed, the location to which such vehicle has been removed, and a statement that such vehicle shall be released by the police on the payment of all fines, storage and towing charges due. Any such vehicle so removed shall be deemed to have been abandoned and may be disposed of in accordance with Section twenty-two C of said Chapter ninety if, within thirty days of the mailing of the notice to the registered owner as provided for herein, said owner has not paid all charges imposed for such removal and storage following the same and the fines provided in such notices affixed to said vehicle or security for the payment thereof has been deposited.

Nothing in this Act shall be construed to authorize the traffic commission to adopt, alter or repeal any rule or regulation excluding the trackless trolley vehicles or buses of a street railway or bus company from any way or part thereof in which said company has a location; or to modify or limit any power or authority of the metropolitan district commission or the departments of public works or public utilities of the Commonwealth ; or to modify or limit any power or authority of the mayor, city council or of any board or head of a department with reference to the issuance of licenses or permits for the opening, using or occupying of streets and sidewalks for reasons not relating to traffic.

Sec. 9. Enforcement.

The planning director, the chief of police, the chief engineer of the fire department, the commissioner of public works, the city engineer, the city electrician and city solicitor shall be available to the traffic commission to advise on matters relating to their respective departments and shall be responsible for putting into effect the rules and regulations adopted by the traffic commission in so far as such rules and regulations relate to their respective departments. The traffic commission shall cooperate with the planning board and with such public carriers as may be authorized and licensed to render service within the city, on matters relating to traffic planning, and shall cooperate with the planning board on all matters that may relate to the need for, location, construction, erection and maintenance of public parking facilities or of private parking facilities for public use within the city . When it is necessary to coordinate with federal, state or other local agencies on matters of traffic movement and traffic planning, the traffic commission may serve as liaison for the city.

Sec. 10. Existing ordinances, orders, etc., to remain in effect.

All existing orders, ordinances, rules and regulations relating to the control of vehicular traffic, including those relating to the parking of vehicles on any streets, ways, highways, roads and parkways, under the control of the city , shall remain in full force and effect until superseded by rules and regulations adopted by the traffic commission pursuant to clause (a) of section three (section 8(a) of this article), and the adoption thereof shall not effect any act done, any right accrued, any penalty incurred or any suit, prosecution or proceeding pending at the time of such adoption.

Secs. 11, 12. Superseded.
ARTICLE VIII. MUNICIPAL HEARING OFFICER
Sec. 1. Municipal hearing officer created.

Notwithstanding section 21D of chapter 40 of the General Laws , a person who desires to contest a violation of any ordinance of the city of Somerville alleged in a notice to appear, pursuant to violations issued by the city in accordance with said section 21D of said chapter 40 of the General Laws, shall request, in writing , a hearing before a municipal hearing officer, who shall be appointed by the mayor , with the approval of the city council , to conduct requested hearings pursuant to this act. The notice to appear shall be in the format required under said section 21D of said chapter 40, except that the third copy of the notice shall be submitted to the municipal hearing officer. The municipal hearing officer may be the same person appointed as municipal hearing officer pursuant to chapter 148A of the General Laws.

Sec. 2. Notice of code violations; payments; hearings.

Where a notice to appear is for 1 or more code violations, the person notified to appear shall return the notice of violation by mail, personally or by an authorized person to the municipal hearing officer and shall, within 21 days, either: (a) pay, in full, the scheduled assessment by check, postal note or money order; or (b) request a hearing before the municipal hearing officer. Any amounts paid shall be payable to the city of Somerville. If the person notified to appear requests, in a timely manner, a hearing before the municipal hearing officer, the municipal hearing officer shall schedule a hearing not later than 45 days after receiving the hearing request. The municipal hearing officer shall send a hearing notice to duly notify the person notified to appear of the date, time and location of the hearing. Hearings shall be held at least twice each month , in the evening. When a hearing notice is sent, the person notified to appear shall be given an opportunity to request a rescheduled hearing date. The municipal hearing officer, so designated, shall not be an employee or officer of the department associated with the issuance of the notice of violation. The municipal hearing officer shall receive annual training in the conduct of administrative hearing procedure. The hearings and dispositions by the municipal hearing officer shall be informal and the formal rules of evidence shall not apply. In conducting the hearings, the municipal hearing officer shall find whether the violation occurred and whether it was committed by the person so notified to appear.

Sec. 3. Appeals of decisions.

Any person aggrieved by a decision of the municipal hearing officer, after a hearing, may appeal to the district court pursuant to section 21D of chapter 40 of the General Laws , on a form provided by the city , and shall be entitled to a de novo hearing before a clerk magistrate of the court. The district court shall consider such appeals under a civil, as opposed to a criminal, standard. The aggrieved person shall file the appeal within 10 days after receiving notice of the decision from the municipal hearing officer who conducted the hearing.

Sec. 4. Failure to appeal or appear.

Any person who has received a notice to appear issued in accordance with this procedure who, within the prescribed time: fails to pay the scheduled assessment; fails to request a hearing before the municipal hearing officer; or fails to appear at the time and place of the hearing shall be found responsible for the violations as stated in the notice to appear and such finding of responsibility shall be considered prima facie evidence of a finding of responsibility for the violation in any civil proceeding regarding said violation and shall be admissible as evidence in a subsequent criminal proceeding. A person who fails to appear at the scheduled hearing without good cause shall have the appeal dismissed and shall waive any further right to appeal. If the condition which caused the notice to appear to issue continues to exist, the finding of responsibility may also be used by the city of Somerville as prima facie evidence of the existence of a violation in any proceeding to suspend or revoke any license, permit or certificate issued by the city relative to the building, structure or premises pending the correction of the condition.

Sec. 5. Payments paid to general fund.

All fines, penalties or assessments in actions under this act, shall be paid to the general fund of the city of Somerville.

ARTICLE IX. ALCOHOLIC BEVERAGE LICENSES
Sec. 1.

Chapter 258 of the acts of 1980 is hereby repealed.

Sec. 2.

The licensing commission of the city of Somerville may grant licenses for the sale of all alcoholic beverages and licenses for the sale of wines and malt beverages under section 12 of chapter 138 of the General Laws and the number of such licenses shall be calculated under section 17 of said chapter 138. The licensing commission may grant not more than 20 licenses for the sale of all alcoholic beverages under section 15 of said chapter 138 and not more than 9 licenses for the sale of wines and malt beverages under said section 15 of said chapter 138. The transfer of a license existing on the effective date of this act or the transfer of stock in a corporation which holds such a license shall be subject to a public hearing and notice of such hearing shall be advertised as provided in said chapter 138 and held at an appropriate time to afford interested citizens an opportunity to be present.

  1. (a) No other license granted under this act shall be sold or transferred by the licensee. If any such licensee terminates or fails to renew its license, the license shall revert to the licensing commission which may then grant that license to a new applicant in accordance with regulations established by the licensing commission; provided, however, that any restrictions on the transferability of licenses under this paragraph shall only apply to licenses granted on or after the effective date of chapter 449 of the acts of 2008.
Sec. 3.

Notwithstanding section 17 of chapter 138 of the General Laws , the licensing commission of the city of Somerville may grant not more than 27 additional licenses for the sale of all alcoholic beverages to be drunk on the premises or for the sale of wines and malt beverages to be drunk on the premises under section 12 of said chapter 138, to premises within the Assembly Square district, bounded by the Mystic River, the Fellsway, route 28, interstate highway route 93 and the city of Somerville, city of Boston boundary line. The licenses shall be subject to all of said chapter 138, except said section 17. The licenses assigned to the Assembly Square district shall not be sold or transferred by the licensee. If a licensee terminates or fails to renew its license under this section, the license shall revert to the licensing commission, and shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, and shall only be granted to a new, qualified applicant doing business within the Assembly Square district; provided, however, that the new applicant shall file with the licensing commission a letter from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid.

The administrative fee charged by the city of Somerville for licenses granted under this section shall be the same as the administrative fee charged by the city for existing licenses granted for the respective category for such licenses. The licenses granted under this section shall be subject to all applicable ordinances of the city.

Sec. 4.
  1. (a) Notwithstanding section 17 of chapter 138 of the General Laws or any other general or special law to the contrary, the licensing commission of the city of Somerville may grant 12 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 and 6 additional licenses for the sale of wines and malt beverages to be drunk on the premises pursuant to said section 12 of said chapter 138 to operators and locations to be determined by the licensing commission in accordance with this section. The licenses shall be subject to all of said chapter 138 except said section 17.
  2. (b) The licensing commission shall restrict the licenses authorized in this section as follows: (1) 2 licenses for the sale of all alcoholic beverages to be drunk on the premises and 1 license for the sale of wines and malt beverages to be drunk on the premises shall be restricted to entities within the Transformative Areas of the Inner Belt, Brickbottom and Boynton Yards, as those areas are shown on the map; provided, however, that for the purposes of this section and section 5 of chapter 142 of the Acts of 2016, "map" shall mean the map entitled "Somerville Proposed Liquor License Area Locations", dated June, 2016, a copy of which is on file in the office of the Somerville city clerk; and (2) 10 licenses for the sale of all alcoholic beverages to be drunk on the premises and 5 licenses for the sale of wines and malt beverages to be drunk on the premises shall be restricted to entities within the Enhancement Areas of Union Square, Davis Square, Ball Square, Gilman Square, Lowell Street, Northwest Somerville, Teele Square, Broadway, Magoun Square, Highland Avenue, Somerville Avenue and Beacon Street, as shown on the map.
  3. (c) A license granted pursuant to this section shall be clearly marked on its face "Transformative Areas or Enhancement Areas Only".
  4. (d) The licensing commission shall not approve the sale or transfer of a license granted under this section. If a licensee terminates or fails to renew a license granted under this section or if any such license is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing commission and the licensing commission may then grant the license to a new applicant at a location within the transformative areas or enhancement areas under the same conditions as specified in this section.
Sec. 5.
  1. (a) Notwithstanding section 17 of chapter 138 of the General Laws or any other general or special law to the contrary, the licensing commission of the city of Somerville may grant 4 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 and 1 additional license for the sale of wines and malt beverages to be drunk on the premises pursuant to said section 12 of said chapter 138. The licenses shall be subject to all of said chapter 138 except said section 17.
  2. (b) Once issued, the licensing commission shall not approve the transfer of a license granted pursuant to this section to any other location but it may grant the license to a new applicant at the same location if the applicant files with the licensing commission a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid.
  3. (c) If a license granted pursuant to this section is cancelled, revoked or no longer in use, it shall be returned physically, with all legal rights, privileges and restrictions pertaining thereto, to the licensing commission and the licensing commission may then grant the license to a new applicant at the same location under the same conditions as specified in this section.
Sec. 6.
  1. (a) Notwithstanding section 17 of chapter 138 of the General Laws or any other general or special law to the contrary, the licensing commission of the city of Somerville may grant 15 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 and 7 additional licenses for the sale of wines and malt beverages to be drunk on the premises pursuant to said section 12 of said chapter 138, to operators and locations to be determined by the licensing commission in accordance with this section. The licenses shall be subject to all of said chapter 138 except said section 17.
  2. (b) The licensing commission of the city of Somerville shall restrict the licenses authorized in this section as follows: (1) 5 licenses for the sale of all alcoholic beverages to be drunk on the premises and 2 licenses for the sale of wines and malt beverages to be drunk on the premises granted pursuant to this subsection shall be restricted to entities within the Transformative Areas of the Inner Belt, Brickbottom and Boynton Yards, as shown on the map; and (2) 10 licenses for the sale of all alcoholic beverages to be drunk on the premises and 5 licenses for the sale of wines and malt beverages to be drunk on the premises shall be restricted to entities within the Enhancement Areas of Union Square, Davis Square, Ball Square, Gilman Square, Lowell Street, Northwest Somerville, Teele Square, Broadway, Magoun Square, Highland Avenue, Somerville Avenue and Beacon Street, as shown on the map.
  3. (c) A license granted pursuant to this section shall be clearly marked on its face "Transformative Areas or Enhancement Areas Only".
  4. (d) The licensing commission shall not approve the sale or transfer of a license granted under this section. If a licensee terminates or fails to renew a license granted under this section or if any such license is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing commission and the licensing commission may then grant the license to a new applicant at a location within the transformative areas and enhancement areas under the same conditions as specified in this act.
Sec. 7.
  1. (a) Notwithstanding section 17 of chapter 138 of the General Laws or any other general or special law to the contrary, the licensing commission of the city of Somerville may grant 4 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 and 1 additional license for the sale of wines and malt beverages to be drunk on the premises pursuant to said section 12 of said chapter 138. The licenses shall be subject to all of said chapter 138 except said section 17.
  2. (b) Once issued, the licensing commission shall not approve the transfer of a license granted pursuant to this section to any other location but it may grant the license to a new applicant at the same location if the applicant files with the licensing commission a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid.
  3. (c) If a license granted pursuant to this section is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing commission and the licensing commission may then grant the license to a new applicant at the same location under the same conditions as specified in this section.
Sec. 8.

The administrative fee charged by the city of Somerville for a license granted pursuant to sections 3 to 6 of chapter 142 of the Acts of 2016, inclusive, shall be the same amount as the administrative fee charged by the city for existing licenses granted for the respective category for such licenses. A license granted pursuant to said sections 3 to 6, inclusive, shall be subject to all applicable ordinances of the city.

Sec. 9.

Sections 1, 3, 4 and 7 of chapter 142 of the Acts of 2016 shall take effect upon their passage.

Sec. 10.

Section 2 of chapter 142 of the Acts of 2016 shall take effect on January 1, 2019, or upon the issuance of all of the licenses authorized in section 3 of chapter 381 of the Acts of 2012, whichever occurs first.

Sec. 11.

Section 5 of chapter 142 of the Acts of 2016 shall take effect on January 1, 2019, or upon the issuance of all of the licenses authorized in section 3 of chapter 142 of the Acts of 2016, whichever occurs first.

Sec. 12.

Section 6 of chapter 142 of the Acts of 2016 shall take effect on January 1, 2019, or upon the issuance of all of the licenses authorized in section 4 of chapter 142 of the Acts of 2016, whichever occurs first.

DIVISION 3 GENERAL LAWS ADOPTED BY THE CITY*

Chapter Section Remarks
10 38, 39 Acts 1971, Chapter 486; authorizing the licensing of a game commonly called "Beano"; accepted by the voters November 2, 1971, and November 4, 1975.
31 Revised laws of 1902, Chapter 19; civil service; relative to employment of laborers; accepted December 19, 1912.
31 47E Acts 1951, Chapter 537; provides annual step-rate increases for municipal public welfare employees; accepted April 8, 1952, approved by the mayor April 16, 1952.
31 49 Acts 1911, Chapter 468; extending civil service to chiefs of police; accepted by voters November 7, 1911.
31 61A, 61B Allows the city to establish health and fitness standards to new hires to police and fire departments; approved March 8, 1991.
32 4(1)(o) Pension account; adopted October 28, 1971; approved by the mayor November 1, 1971.
32 7(2) Acts 2005, Chapter 157, re retirement allowance for veterans, accepted January 26, 2006.
32 9(2)(d) Acts 2006, Chapter 55 and Chapter 64 Section 3, granting city authority to increase the accidental death benefit for surviving children, accepted November 1, 2006.
32 12(2)(c) (1st paragraph) Affects the retirement allowance for certain retirees; accepted April 8, 1999.
32 20-25 Acts 1911, Chapter 634; authorizing counties to establish retirement systems for employees; accepted by voters November 7, 1911.
32 20(6) Acts 2011, Chapter 176, Section 34, adjusting the annual stipend paid to the Retirement Board, accepted December 18, 2012.
32 26-31H Re retirement systems and pensions; accepted December 19, 1945.
32 26-31I Acts 1936, Chapter 318; contributory retirement systems for cities and towns, etc.; accepted December 13, 1945.
32 44 Acts 1936, Chapter 223; increasing pension to retired public school janitors; accepted January 26, 1937.
32 45A Acts 1945, Chapter 708; retirement allowance of school janitors; accepted December 13, 1945, approved by the mayor December 19, 1945.
32 52-55 Acts 1912, Chapter 447; retirement of Civil War Veterans; accepted February 27, 1913, approved by the mayor February 28, 1913.
32 56-59 Acts 1920, Chapter 574; retirement of a veteran of the Civil, Spanish or World War; accepted November 7, 1930, approved by the mayor November 13, 1930.
32 60A Acts 1930, Chapter 161; retirement rights of certain army nurses; accepted December 1, 1932, approved by the mayor December 2, 1932.
32 77 Acts 1912, Chapter 503; pensioning city laborers; accepted by voters November 5, 1912.
32 77A Allowing noncontributory laborers to elect an option as of retirement; adopted April 13, 1972; approved by the mayor April 19, 1972.
32 77B Acts 1923, Chapter 458; pension of foremen, inspectors, etc.; accepted November 12, 1925, approved by the mayor November 17, 1925.
32 77C Acts 1936, Chapter 290, Section 2, Paragraph c; pensions of laborers, foremen, etc.; accepted June 6, 1939, approved by the mayor June 13, 1939.
32 80 Acts 1898, Chapter 267; authorizing cities to pension firemen; accepted by voters December 12, 1899; Acts 1900, Chapter 246; authorizing cities to pension firemen; accepted by voters December 11, 1900.
32 83 Acts 1903, Chapter 428; granting police pensions in cities; accepted July 10, 1903.
32 84 Acts 1901, Chapter 377; pensioning members of police departments; accepted, September 5, 1901.
32 85J Acts 1956, Chapter 374; pensions for widows of policemen and firefighters under the noncontributory retirement law; accepted October 25, 1956, approved by the mayor October 30, 1956.
32 89 Acts 1929, Chapter 308; compensation of dependents of policemen and firemen killed in performance of duty; accepted 15, 1931, approved by the mayor January 22, 1931.
32 89A Acts 1948, Chapter 552; increasing annuities to dependents of certain public employees; accepted February 11, 1949, approved by the mayor February 15, 1949.
32 90A Increasing allowance of former employees retired for accidental disability; accepted May 25, 1989.
32 90C Increasing allowance of former employees retired on superannuation; accepted My 25, 1989.
32 90D Increasing allowance of former employees retired on ordinary disability; accepted April, 1989.
32 103 Acts 1997, Chapter 17; providing retirees with a cost of living adjustment, accepted May 14, 1998.
32B City to pay half of cost of all city employees' health and accident insurance; accepted December 26, 1961.
32B 4 Acts 1986, Chapter 705; regulating insurance for public employees; accepted by board of aldermen , July 23, 1987; approved by mayor, July 28, 1987.
32B 7A Granting city authority to pay more than fifty (50) percent of Blue Cross/Blue Shield insurance premiums; accepted by the board of aldermen November 20, 1979; approved by the mayor November 23, 1979.
32B 8A Dividends from employees' group insurance; adopted July 22, 1971; approved by the mayor July 30, 1971.
32B 9 Acts 1986, Chapter 705; regulating insurance for public employees; accepted by board of aldermen, July 23, 1987; approved by mayor, July 28, 1987.
32B 9C Provides that the local government pay one-half the cost of a premium and the full amount of an additional rate for group health insurance.
32B 9E Granting city authority to pay more than fifty (50) percent of Blue Cross/Blue Shield insurance premiums for persons who are retired from the service of the city; accepted by board of aldermen January 1, 1980; approved by the mayor January 23, 1980. Acceptance clarified by board, May 28, 2009.
32B 9F Acts 1972, Chapter 763; provides for a two thousand dollar ($2,000.00) life insurance and accidental death and dismemberment insurance in lieu of one thousand dollars ($1,000.00) life insurance as provided in Section 9; adopted Feb. 28, 1974; approved by the mayor March 7, 1974. Accepted as amended by Acts 1986, Chapter 705, by board of aldermen, July 23, 1987; approved by mayor, July 28, 1987.
32B 11A Allowing any city employee to purchase additional life insurance at no additional cost to the city; adopted October 28, 1971; approved by the mayor November 1, 1971.
32B 11B Authorizes the city to pay fifty (50) percent of the cost of Blue Cross/Blue Shield insurance premiums for certain retired employees not covered; adopted August 28, 1969; approved by the mayor September 3, 1969.
32B 11D Provides insurance for the widow and children of a firefighter who was killed or who died from injuries received in the performance of his duty; adopted in board of aldermen May 22, 1975; approved by the mayor June 11, 1975.
32B 16 Giving municipal employees the "dual choice" option in their choice of health plans; adopted October 12, 1972; approved by the mayor October 16, 1972.
32B 18 Regarding health care for retirees, accepted December 10, 2009.
32B 19 Regarding health care via the Group Insurance Commission, accepted May 27, 2010.
32B 20 Establishing a trust fund for other post employment benefit liabilities, accepted March 8, 2012.
32B 20A Acts 1982, Chapter 641; providing indemnification for retirement board members for damages incurred in their duties, accepted November 22, 1983.
33 67 Acts 1930, Chapter 157; re services of employees in the organized reserve of the army or the naval reserve force; accepted June 26, 1930, approved by the mayor July 2, 1930.
39 6A Acts 1952, Chapter 259; salaries of mayors, members of boards of aldermen; accepted by voters November 4, 1952.
39 23D Acts 2006, Chapter 79; modifying the voting requirements associated with municipal boards, committees and commissions, accepted Sept. 14, 2006.
40 8C Establishing a conservation commission; adopted January 27, 1972; approved by the mayor January 31, 1972.
40 8D Establishing and providing for the historical commission of the city; adopted October 12, 1972; approved by the mayor October 16, 1972.
40 8G Regarding mutual police aid programs; accepted October 9, 2003.
40 8J Acts 1991, Chapter 390, establishing a commission on disability, accepted June 11, 1992.
40 12 Acts 1874, Chapter 214; authorizing erection and maintenance of public baths and washhouses; accepted May 10, 1907; Revised Laws of 1902, Chapter 25, Sections 20 and 21; re public baths and washhouses accepted May 10, 1907.
40 13 Acts 1907, Chapter 576, Sections 102-105; re municipal buildings insurance funds; accepted June 10, 1915, approved by the mayor June 14, 1915; Acts 1973, Chapter 613; re municipal building insurance fund; adopted March 7, 1974; approved by the mayor March 11, 1974.
40 13A Establishing a workers compensation insurance fund; approved June 24, 2021.
40 13C Establishing a workers compensation claims reserve fund; approved June 24, 2021.
40 13D Establishing a compensated absence liability fund; approved June 24, 2021.
40 21D Authorizes noncriminal disposition of violations of municipal ordinances, by-laws or regulations; accepted by board of aldermen July 24, 1986; approved by mayor July 28, 1986.
40 22A—C Allows city to segregate parking meter revenues in a special revenue fund; accepted June 22, 2017.
40 22B Relative to the removal of architectural barriers, etc., as amended by Ch. 420, Acts of 1987; adopted by board of aldermen March 24, 1988.
40 22D Authorizing towing of vehicles; accepted June 13, 1968.
40 22F Authorizing the fixing of reasonable fees and charges for licenses, permits, certificates and services rendered; accepted September 26, 2002.
40 32A Acts 1929, Chapter 369; publication of ordinances; accepted March 1, 1930.
40 42A-F Acts 1923, Chapter 391; re collection of water rates; accepted March 13, 1924, approved by the mayor March 19, 1924; Acts 1936, Chapter 42; changes in law relative to water lines; accepted June 12, 1936, approved by the mayor June 16, 1936. This act amends Chapter 391, Acts of 1923, above.
40 42J Allows certain residents to defer charges for water; accepted April 27, 1989; accepted October 13, 2016.
40 57 Collection of real estate taxes, personal property taxes, and miscellaneous fees and charges; accepted December 13, 1990.
40 81 Acts 1980, Chapter 384; authorizes creation of energy resource commission; adopted by board of aldermen March 25, 1982; approved by mayor March 30, 1982.
40A 20 Re repeating filing of petitions to the board of appeals; accepted June 5, 1956.
41 12 Acts 1901, Chapter 332; re terms of office of city clerks; accepted by voters December 10, 1901.
41 34A Acts 1923, Chapter 26; changes name of overseers of the poor to the board of public welfare; accepted May 11, 1923.
41 48 Acts 1905, Chapter 373; re terms of office of municipal auditors; accepted by voters December 12, 1905.
41 91 Constables; appointment and removal in cities; accepted February 26, 2026.
41 100A Acts 1931, Chapter 458; re operators of all publicly-owned motor vehicles; accepted October 22, 1931, approved by the mayor October 26, 1931; Acts 1934, Chapter 291, Section 3; indemnification of public employees; accepted May 23, 1935, approved by the mayor May 24, 1935.
41 100B Provides indemnification of retired police officers and fire fighters for certain medical expenses; accepted March 9, 1967.
41 100E Acts 1969, Chapter 413; indemnification of mayors, selectmen, etc., against certain claims and including members of school committee; adopted June 28, 1971; approved by the mayor July 1, 1971.
41 100G Acts 1971, Chapter 310; amended by Acts 1973, Chapter 200; providing for payment of funeral and burial expenses of firefighters and police officers killed in performance of duties; adopted by board of aldermen June 13, 1974; approved by the mayor June 18, 1974.
41 108L Establishes a police career incentive program; adopted by board of aldermen June 9, 1983; not signed by mayor.
41 110 Re half holidays for certain employees; accepted June 14, 1946; not applicable because of acceptance of Section 33A of Chapter 149.
41 110A Acts 1947, Chapter 265; closing of public offices on Saturday; accepted May 23, 1947, approved by the mayor June 6, 1947 and October 30, 1947, approved by the mayor November 5, 1947.
41 111 Acts 1914, Chapter 217; re vacations of laborers; accepted by voters November 3, 1914.
43 17A Acts 1952, Chapter 259; re salaries of mayors, city managers, councilors and members of boards of aldermen; accepted by voters November 4, 1952.
43C 11 Ordinance establishing a department of finance in the city; accepted March 28, 2000.
43D Expedited permitting for priority development sites, accepted March 27, 2008.
44 8A Acts 1939, Chapter 108; re submission to voters orders authorizing the issue of bonds, notes or certificates of indebtedness for certain purposes; accepted by voters November 23, 1939.
44 16A Acts 1957, Chapter 58; re use of facsimile counter signatures upon bonds, notes, etc.; accepted January 22, 1959, approved by the mayor January 26, 1959.
44 53F½ Authorizing creation of water and sewer enterprise funds; accepted May 23, 2002.
44 53F½ Establishing an Enterprise Fund for Dilboy Stadium and Dilboy Field Recreational areas; accepted June 23, 2011.
44 53F½ Establishing an Enterprise Fund for the Veterans Memorial Ice Skating Rink and an outdoor ice skating rink adjacent to the facility; accepted June 23, 2011.
44 53F¾ Establishes a Public Educational Governmental Access and Cable Related Fund; accepted June 22, 2017.
44 55C Acts 2004, Chapter 491; re creating a Municipal Affordable Housing Trust Fund; accepted March 24, 2005.
44 64 Payment of bills incurred in excess of appropriations; adopted in board of aldermen April 12, 1979; approved by mayor April 18, 1979.
44 65 Acts 1945, Chapter 635; re advances of vacation pay to officers and employees; accepted October 11, 1945, approved by the mayor October 16, 1945.
44B 3-7 Adopting the Community Preservation Act, accepted by the voters November 6, 2012.
48 4 Revised Laws of 1902, Chapter 32, Section 12; re engineer of fire department in command of fire; accepted January 29, 1904.
48 36, 37 Acts 1913, Chapter 487; re the promotion of call men in the fire department; accepted by voters December 9, 1913.
48 57 Acts 1912, Chapter 546; re vacations of members of fire department; accepted by voters December 10, 1912.
48 57A Acts 1953, Chapter 640; provides a day off duty or day's pay to firemen and certain others when they are required to work on certain legal holidays; accepted May 14, 1959, approved by the mayor May 19, 1959.
48 57B Acts 1959, Chapter 285; assures time off to state conventions of associated firefighter, etc.; accepted June 27, 1961.
48 57D Chapter 517, Acts 1962; placing fire department on five-day week pay period similar to police department; adopted September 2, 1965; approved by the mayor September 7, 1965.
48 57E Chapter 141, Acts 1965; granting additional day's pay to fire chiefs on duty on certain holidays; adopted May 12, 1966; approved by the mayor May 18, 1966.
48 57F Chapter 786, Acts 1965; additional day's pay to police chiefs on duty on holidays; adopted December 9, 1965; approved by the mayor December 13, 1965.
48 58 Acts 1916, Chapter 291; re tenure of office of chiefs of fire departments; accepted by voters December 12, 1916.
48 58A Acts 1941, Chapter 638; further regulating the hours of duty of permanent members of the fire department; accepted May 14, 1942, approved by the mayor May 19, 1942.
48 58D Acts 1968, Chapter 245; permits the granting of a forty-two-hour work week for members of the fire department; adopted June 12, 1969; approved by the mayor June 18, 1969.
48 59A Authorizes the Fire Department to provide mutual aid to another city, town, fire district or area under federal jurisdiction; approved July 8, 2021.
48 59B, 59C, 59D Establishing a reserve fire force, accepted March 13, 2008. Rescinded by Docket #213486 on April 14, 2022.
53 Acts 1903, Chapter 454; re joint caucuses or primaries; accepted by voters November 3, 1903; see Acts 1932, Chapter 281.
54 11 Acts 1911, Chapter 436; re appointment of deputy election officers; accepted July 14, 1911.
54 25A Acts 1930, Chapter 149; display of the national flag at polling places; accepted June 12, 1930, approved by the mayor June 18, 1930.
54 58 Chapter 872, Acts of 1971; providing for the funding of certain revenue anticipation notes of the city; accepted by the voters November 2, 1971.
54 103A Providing for absentee voting at regular city elections; accepted August 26, 1941.
59 5 (Clause 5B) Acts 1987, Chapter 499; tax exemption for veterans' organizations; accepted by board of aldermen, March 10, 1988; approved by mayor, March 18, 1988.
59 5 (Clauses 17C, 37A, 41B) Authorizes certain property tax exemptions; adopted December 12, 1985, approved by the mayor December 17, 1985.
59 5 (Clause 17D) Authorizing certain property tax exemptions (as added by Chapter 181 of the Acts of 1995); accepted November 26, 2002.
59 5 (Clauses 17D, 41C) Authorizes certain property tax exemptions; adopted by board of aldermen October 23, 1986.
59 5 (Clause 54) Exempts personal property accounts from taxation if the assessable value is less than a certain amount (up to $10,000) in any year; accepted June 11, 2020.
59 5 (Clause 56) Allows a property tax abatement for certain members of the MA National Guard and Reserves; accepted November 25, 2014.
59 5C(Clause 4) Defines the real property regarding cooperative corporations' real estate taxes; accepted November 13, 2014.
59 5C½ Allows an optional additional real estate tax exemption; accepted May 28, 2015.
59 5K Persons over 60; property tax liability reduced for volunteer services; accepted October 26, 2000, May 28, 2015.
59 5L Allows a temporary property tax deferral for certain members of the MA National Guard and Reserves; accepted November 25, 2014.
59 5N Allowing earned tax abatements for veterans, accepted December 13, 2012.
59 57C Authorizing quarterly tax payments; accepted November 9, 1999.
59 59A Acts 1999, Chapter 158, Section 3, Providing tax abatements for the rehabilitation of contaminated properties, accepted December 13, 2007.
60 3C Acts 1987, Chapter 712, Section 3; establishes local scholarship fund; accepted by board of aldermen, January 28, 1988; approved by mayor, February 3, 1988.
60 3D Authorizing a checkoff on property or excise tax bills to assist low income seniors and disabled persons; accepted June 10, 1999.
60 23A Acts 1971, Chapter 956, Section 1; re fees for municipal lien certificates; accepted by board of aldermen December 21, 1982; approved by mayor December 27, 1982.
60 23B Certificate of liens; fee schedule; accepted 1987.
60A 9 Allows a temporary excise tax deferral for certain members of the MA National Guard and Reserves; accepted November 25, 2014.
64G 3A Allows a 4% local excise tax on bed and breakfast establishments, hotels, motels and lodging houses; accepted December 12, 1985, approved by the mayor December 17, 1985. Allows a 6% local excise tax on bed and breakfast establishments, hotels, motels and lodging houses; accepted August 27, 2009.
64N 3 Provides a local excise tax of 3% on the retail sales of marijuana for adult use; accepted May 10, 2018.
71 37M Re consolidation of administrative functions of the school committee with the city; accepted June 24, 2004.
71 40 Acts 1946, Chapter 527; re equal pay for men and women teachers; accepted by voters November 4, 1947.
74 15-17 Acts 1916, Chapter 185; authorizing schools of agriculture and horticulture; accepted by voters November 7, 1916.
82 34 Acts 1894, Chapter 324; re the reservation of spaces in public ways; accepted August 16, 1896.
83 16G Allows certain residents to defer charges for sewer; accepted October 13, 2016.
83 26 Acts 1872, Chapter 303; construction of sidewalks; accepted June 8, 1872.
85 11A Acts 1941, Chapter 710; re registration and operation of certain bicycles; accepted February 26, 1942.
90 17C Reduces the prima facie speed limit to 25 MPH; accepted October 13, 2016.
90 18B Allows the creation of safety zones with speed limits of 20 MPH; accepted October 13, 2016.
90 20A Parking regulations; violations; notice to appear; failure to appear; adjudication by mail; accepted January 26, 2023.
90 20A½-20E Allows the use of the "Denver Boot" and other traffic and parking regulations; accepted August 27, 1981.
90 20C, 20D Acts 1962, Chapter 786; requires visible tagging for parking violations; accepted December 19, 1962 revoked by Acts 1963, Chapter 385; Acts 1962, Chapter 786; known as Visible Tagging Law; adopted June 13, 1968; approved by the mayor June 18, 1968.
90 22D Acts 1961, Chapter 322; suspension of license for automobile law violation; reinstatement; adopted June 13, 1968; approved by the mayor June 19, 1968.
94 146 Public Statutes of 1882, Chapter 58; sale of provisions and animals intended for slaughter; adopted June 13, 1882.
94 236 Public Statutes of 1882, Chapter 60, Sections 32, 33 and 34; concerning superintendence of city scales; adopted October 21, 1891.
111 26-28 Acts 1877, Chapter 133; establishes a board of health; accepted November 6, 1877.
111 126 Acts 1890, Chapter 74; concerning privy vaults; accepted October 10, 1890.
115 3A Payment of state or military aid and soldier's relief regulations; accepted January 18, 1944.
136 4B Acts 1946, Chapter 207; re licensed operation on the Lord's Day of bowling alleys; accepted December 28, 1947.
136 5-8 Acts 1909, Chapter 423; re sale of ice cream, confectionery, soda water and fruit on the Lord's Day; accepted October 6, 1913.
136 21, 23-25 General Law of 1921, Chapter 136; permits certain sports and games on the Lord's Day; accepted over the mayor's veto March 28, 1929.
138 12 (3rd to last paragraph only) Acts 1993, Chapter 481, re the addition of liqueurs and cordials to beer and wine licenses; accepted February 24, 2005.
138 12D Allowing current wine and malt beverages license holders to apply to convert to a non-transferable all forms alcohol license; accepted September 11, 2025; approved by the mayor September 16, 2025.
138 33B Authorizing sales of alcoholic beverages on Sunday mornings, Memorial Day, and Christmas Day; accepted by Licensing Commission April 22, 2013.
139 1-3 Re burnt and dangerous buildings; accepted March 18, 1935.
140 115-118 Acts of 1845, Chapter 197; Acts of 1846, Chapter 96; Acts of 1862, Chapter 74; re stationary steam engines, etc.; accepted June 6, 1877.
140 115-119 Public Statutes of 1882, Chapter 102, Sections 40-48; steam engines, furnaces and boilers; accepted March 16, 1882.
140 147A Regulation of dogs; accepted June 23, 1994.
142 Acts 1894, Chapter 455, Section 7; re construction and inspection of plumbing; accepted pursuant to Section 1, Chapter 453, Acts of 1895, July 22, 1896.
143 3, 6-12 Public Statutes of 1882, Chapter 104, Sections 1 and 4-12; concerning unsafe buildings; adopted February 28, 1888.
143 3,12 Acts 1872, Chapter 243; prevention of fires; adopted April 21, 1873 and August 14, 1878.
143 3 Acts 1894. Chapter 481, Section 11; relating to the regulation and inspection of buildings; accepted March 14, 1898.
143 6-12 Re repair or removal of dangerous structures; accepted March 29, 1935.
144 Re tenement houses in cities; accepted December 2, 1948; Acts 1955, Chapter 116; authorizing the city to revoke its acceptance of the law applicable to tenement houses in cities; accepted July 31, 1956.
147 10F Providing for the appointment of parking control officers; adopted January 6, 1972; approved by mayor January 10, 1972.
147 11, 12, 13 Establishing a reserve police force, accepted April 10, 2008. Rescinded by Docket #213485 on April 14, 2022.
147 15 Acts 1911, Chapter 210; re vacations of members of police department; accepted November 9, 1911, approved by the mayor November 20, 1911.
147 16A, 16B, 17 Acts 1938, Chapter 426; providing one (1) day off in every six for police officers; accepted November 9, 1939, approved by the mayor November 20, 1939.
147 17A Acts 1952, Chapter 268; providing additional day's pay or day off duty for police officers required to work on certain legal holidays; accepted May 19, 1959.
147 32-51 Acts 1920, Chapter 619; establishing a state boxing commission to serve in the department of public safety; accepted September 9, 1920, approved by the mayor September 10, 1920.
148 26C Re installing of smoke detectors in dwellings of six (6) or more units; accepted by the board of aldermen October 25, 1979; approved by the mayor October 29, 1979.
148 26E Requires smoke detectors in certain buildings used for residential purposes; accepted by the board of aldermen July 24, 1980; approved by mayor August 7, 1980.
148 26G Re sprinkler systems in all new buildings and additions; accepted by board of aldermen, May 28, 1987; approved by mayor, June 2, 1987.
148 26H, 26I Automatic sprinkler requirements; accepted March 12, 1992.
148 56 Acts 1930, Chapter 399, Section 56; concerning open-air parking spaces; accepted December 1, 1932, approved by the mayor December 2, 1932.
149 31 Acts 1899, Chapter 344; making eight (8) hours a day's work for city and town employees; accepted by voters December 11, 1900; Acts 1909, chapter 514, Section 42; providing that eight (8) hours shall constitute a day's work for city employees; accepted by voters December 9, 1913.
149 33A Acts 1947, Chapter 649; authorizing a forty-hour work week for employees of certain cities and towns; accepted by board of aldermen September 12, 1947; returned by mayor March 2, 1948, signed but not dated.
149 33E Allowing employees to take a leave of absence to serve as an organ donor, accepted April 26, 2012.
152 69 Acts 1927, Chapter 309, Section 12; concerning workmen's compensation; accepted November 16, 1935.
152 69-74 Acts 1913, Chapter 807; re compensation to certain public employees for injuries sustained in the course of their employment; accepted by voters December 9, 1913; placing school teachers of the city under Workmens Compensation Act; adopted February 28, 1974; approved by the mayor March 7, 1974.
159A 1, 6, 12 Acts 1916, Chapter 283; authorizing the licensing by cities and towns of motor vehicles carrying passengers for hire; accepted July 10, 1919, approved by the mayor July 16, 1919.
166 32A Acts 1981, Chapter 809; allows wire inspector to do work in the city where appointed and allows an assistant inspector to inspect work; accepted by the board of aldermen March 10, 1983; approved by mayor March 14, 1983.
180 17B Acts 1956, Chapter 489; authorizing payroll deductions for contributions to community chests or united funds; accepted June 27, 1957 and effective July 11, 1957 without approval of mayor.
180 17G County and municipal employees payroll deductions for service fees to collective bargaining agencies as amended by Chapter 463, Acts of 1970; adopted September 23, 1971; automatically effective since mayor failed to return document.
188 Equal Educational Opportunity Grant; accepted by board of aldermen, February 12, 1987; approved by mayor, February 18, 1987.
200A 9A Provides an alternative procedure for disposing of abandoned funds; accepted November 14, 2019.
258 13 Indemnity of officials; approved December 13, 1990.

DIVISION 4 LIST OF ACTS AND PARTS OF ACTS AFFECTING THE CITY*

Acts of Chapter Section Remarks
1871 182 City Charter (revised 1899); adopted by voters April 27, 1871. Repealed by Chapter 400 of the Acts of 2012.
1872 243 Prevention of fires; see Chapter 143, Sections 3-12 of General Laws; adopted April 21, 1873 and August 14, 1878.
1872 303 Construction of sidewalks; see Chapter 83, Section 26 of General Laws; accepted June 8, 1872.
1874 189 Establishes a fire department for the city; accepted May 6, 1874.
1874 214 Authorizing erection and maintenance of public baths and washhouses; see Chapter 40, Section 12 of General Laws; accepted May 10, 1907.
1877 133 Establishes a board of health; see Chapter 111, Sections 26-28 of General Laws; accepted November 6, 1877.
1882 58 Sale of provisions and animals intended for slaughter; see Chapter 94, Section 146 of General Laws; adopted June 13, 1882.
1882 60 32-34 Re superintendence of city scales; see Chapter 94, Section 236 of General Laws; adopted October 21, 1891.
1882 102 40-48 Re steam engines, furnaces and boilers; see Chapter 140, Sections 115-119 of General Laws; adopted March 16, 1882.
1882 104 1, 4-12 Concerning unsafe buildings; see chapter 143, Sections 3; 6-12 of General Laws; adopted February 28, 1888.
1885 61 Concerning overseers of the poor; accepted March 12, 1885.
1890 74 Concerning privy vaults; see Chapter 111, Section 126 of General Laws; accepted October 10, 1890.
1890 217 Concerning water board; accepted by voters December 2, 1890.
1891 311 Concerning Powder House Park; accepted June 13, 1891.
1893 188 Authorizing city to lay out and maintain a public park; accepted September 15, 1893.
1894 324 Re reservation of spaces in public ways; see Chapter 82, Section 34 of General Laws; accepted August 16, 1895.
1894 455 7 Concerning construction and inspection of plumbing; see Chapter 142 of General Laws; accepted pursuant to Section 1, Chapter 453, Acts of 1895, July 22, 1896.
1894 481 11 Relating to the regulation and inspection of buildings; see Chapter 143, Section 3 of General Laws; adopted and accepted March 14, 1898.
1895 254 Re sewers in Somerville and Medford; accepted May 11, 1895.
1896 238 Re building of sewers in Cambridge by the cities of Cambridge and Somerville; accepted May 12, 1896.
1896 324 Extending time for taking land for a public park; accepted July 16, 1896.
1897 209 Re appointments in the fire department; accepted July 3, 1902.
1898 253 Authorizing city to acquire and lay out land for a public park; accepted May 27, 1898.
1898 267 Authorizing cities to pension firemen; see Chapter 32, Section 80 of General Laws; accepted by voters December 12, 1899.
1899 167 Authorizing city to take land for an almshouse; accepted April 13, 1899.
1899 195 Authorizing city to lay out and maintain a parkway; accepted April 27, 1899.
1899 240 Revision of City Charter; accepted by voters September 26, 1899, see Charter, Division 1 of this part.
1899 275 Re building of drain in Cambridge and Somerville; accepted May 18, 1899.
1899 344 Making eight hours a day's work for employees; see Chapter 149, Section 31 of General Laws; accepted by voters December 11, 1900.
1899 407 Authorizing city to acquire and lay out certain land for public park; accepted June 16, 1899.
1900 246 Authorizing cities to pension firemen; see Chapter 32, Section 80 of General Laws; accepted by voters December 11, 1900.
1900 313 Extends time for taking land for public park; accepted May 31, 1900.
1900 380 Authorizing city to acquire and lay out certain land for a public park; accepted July 13, 1900.
1901 332 Re terms of office of city clerks; see Chapter 41, Section 12 of General Laws; accepted by voters December 10, 1901; superseded by Chapter 98, Special Acts of 1918.
1901 377 Re pensioning members of police departments; see Chapter 32, Section 84 of General Laws; accepted September 5, 1901.
1901 514 Authorizing city to take additional land for an almshouse; accepted July 17, 1901.
1902 504 Authorizing city to take land for public park; accepted October 16, 1902.
1902 (Revised Laws) 19 Civil service; relative to employment of laborers; see Chapter 31 of General Laws; accepted December 19, 1912.
1902 (Revised Laws) 25 20, 21 Re public baths, and washhouses; see Chapter 40, Section 12 of General Laws; Accepted May 10, 1907.
1902 (Revised Laws) 32 12 Engineer of fire department in command at fire; see Chapter 48, Section 4 of General Laws; accepted January 29, 1904.
1903 129 Authorizing city to use certain land for municipal purposes; accepted July 1, 1904.
1903 428 Re granting police pensions in cities; see Chapter 32, Section 83 of General Laws; accepted July 10, 1903.
1903 454 Re joint caucuses or primaries; see Chapter 53 General Laws; accepted by voters, November 3, 1903; see also, Acts 1932, Chapter 281, municipal elections to be nonpartisan; see ARTICLE VI of Division 2 of this part.
1904 354 Relative to school committee; accepted by voters November 8, 1904; see Charter, Section 28.
1905 373 Relative to terms of office of municipal auditors; see Chapter 41, Section 48 of General Laws; accepted by voters December 12, 1905; see Charter, Section 21.
1906 529 Re purification of Mystic River, Alewife Brook and adjacent watercourses; accepted September 14, 1906.
1907 576 102-105 Relating to municipal buildings insurance funds; see Chapter 40, Section 13 of General Laws; accepted June 14, 1915.
1909 423 Re sale of ice cream, confectionery, soda water and fruit on the Lord's day; see Chapter 136, Sections 5-8 of General Laws; accepted October 6, 1913.
1909 514 42 Re eight hours a day's work for employees; see Chapter 149, Section 31 of General Laws; accepted by voters December 9, 1913.
1911 468 Extending civil service to chiefs of police; see Chapter 31, Section 49 of General Laws; accepted by voters November 7, 1911.
1911 210 Re vacations of members of police department; see Chapter 147, Section 15 of General Laws; accepted November 9, 1911, approved by the mayor November 20, 1911.
1911 436 Re appointment of deputy election officers; see Chapter 54, Section 11 of General Laws; accepted July 14, 1911.
1911 634 Authorizing counties to establish retirement systems for employees; see Chapter 32, Sections 20-25 of General Laws; accepted by voters November 7, 1911.
1912 447 Re retirement of Civil War veterans; see Chapter 32, Sections 52-55 of General Laws; accepted February 28, 1913.
1912 453 Re retirement of members of Somerville fire department; accepted June 24, 1912.
1912 503 Re pensioning city laborers; see Chapter 32, Section 77 of General Laws; accepted by voters November 5, 1912.
1912 546 Re vacations of members of fire department; see Chapter 48, Section 57 of General Laws; accepted by voters December 10, 1912.
1913 487 Re promotion of call men in the fire department; see Chapter 48, Sections 36, 37 of General Laws; accepted by voters December 9, 1913.
1913 807 Re compensation for injuries; see Chapter 152, Sections 69- 74 of General Laws; accepted by voters December 9, 1913.
1914 217 Re vacation of laborers; see Chapter 41, Section 111 of General Laws; accepted by voters November 3, 1914.
1916 53 Authorizes pension to Arthur Murley; accepted September 14, 1915, approved by the mayor September 15, 1916.
1916 185 Authorizing schools of agriculture and horticulture; see Chapter 74, Sections 15-17 of General Laws; accepted by voters November 7, 1916.
1916 291 Re tenure of office of chiefs of fire departments; see Chapter 48, Section 58 of General Laws; accepted by voters December 12, 1916.
1916 293 Authorizing licensing of motor vehicles carrying passengers for hire; see Chapter 159A, Sections 1, 6 and 12 of General Laws; accepted July 16, 1919.
1917 (Special Acts) 205 Re weekly half-holiday for laborers, etc.; accepted by voters December 11, 1917.
1918 (Special Acts) 127 Re tenure of office of city clerk; accepted May 24, 1918; see Charter, Section 14.
1918 (Special Acts) 135 Authorizing pension of Charles C. Folsom; accepted December 13, 1918.
1919 (Special Acts) 98 Provides for biennial elections in city; accepted by voters November 4, 1919; see Charter, Sections 5, 7, 10, 12, 13, 14, 20 and 28.
1920 574 Retirement of veterans of the Civil, Spanish, or World War; see Chapter 32, Sections 56-60 of General Laws; accepted November 7, 1930, approved by the mayor November 13, 1930.
1920 619 Establishing a state boxing commission; see Chapter 147, Sections 32-51 of General Laws; accepted September 9, 1920, approved by the mayor September 10, 1920.
1921 (General Laws) 136 Permits certain sports and games on the Lord's Day; see Chapter 136, Sections 21, 23-25 of General Laws; accepted over mayor's veto March 28, 1929.
1922 83 Re assessing poll taxes and making certain lists; accepted March 9, 1922, approved by the mayor March 10, 1922.
1923 26 Changes name of overseers of the poor to the board of public welfare; see Chapter 41, Section 34A of General Laws; accepted May 11, 1923.
1923 191 Establishment of a licensing commission in the city; accepted May 29, 1923; see ARTICLE III of Division 2 of this part.
1923 391 Re collection of water rates; see chapter 40, Section 42A-F of General Laws; accepted March 19, 1924; see also, Acts 1936, Chapter 42.
1923 458 Re pension of foremen, inspectors, etc.; see Chapter 32, Section 77B of General Laws; accepted November 17, 1925.
1924 123 Changes date of biennial municipal elections; accepted June 13, 1924; see Charter, Section 5.
1924 311 Enginemen and member of fire department exempted for service as jurors; see Chapter 234, Section 1 of General Laws; accepted May 19, 1925.
1927 47 Establishing salary of members of board of aldermen ; accepted by voters November 8, 1927; see also, Acts of 1936, Chapter 330; superseded by Chapter 39, Section 6A of General Laws; see also Charter, Section 11.
1927 309 12 Defines terms of laborers, workmen, mechanics; see Chapter 152, Section 69 of General Laws; accepted November 16, 1935.
1928 49 The board of appeals in relation to general building ordinances; accepted March 9, 1928; see ARTICLE I of Division 2 of this part.
1928 81 Provides for associate members of board of appeals; accepted March 23, 1928; see ARTICLE II of Division 2 of this part.
1928 82 Establishes board of election commissioners; accepted April 12, 1928, approved by the mayor April 13, 1928; see also, Acts of 1929, Chapter 178; see also, ARTICLE IV of Division 2 of this part.
1928 142 Re drivers of patrol wagons and ambulances; accepted April 28, 1928.
1929 56 Authorizes certain people to build and maintain a foot bridge over the lower level of Somerville Avenue; accepted July 3, 1929.
1929 178 Amends Acts of 1928, Chapter 82; see Section 3, ARTICLE IV of Division 2 of this part.
1929 308 Re compensation of dependents of policemen and firemen killed in performance of duty; see Chapter 32, Section 89 of General Laws; accepted January 22, 1931.
1929 369 Publication of ordinances; see chapter 40, Section 32A of General Laws; accepted March 1, 1930.
1930 149 Display of the National Flag at polling places; see Chapter 54, Section 25A of General Laws; accepted June 12, 1930, approved by the mayor June 18, 1930.
1930 157 Re services of employees in the organized reserve of the army or the naval reserve force; see Chapter 33, Section 67 of General Laws; accepted June 26, 1930, approved by the mayor July 2, 1930.
1930 161 Retirement rights of certain army nurses; see Chapter 32, Section 60A of General Laws; accepted December 1, 1932, approved by the mayor December 2, 1932.
1930 184 Providing retirement allowances based on annuities and pension contributions; accepted by voters November 4, 1930.
1930 399 Concerning open-air parking spaces; see Chapter 148, Section 56 of General Laws; accepted December 1, 1932, approved by the mayor December 2, 1932.
1931 458 Re operators of all publicly owned motor vehicles; see Chapter 41, Section 100A of General Laws; accepted October 22, 1913, approved by the mayor October 26, 1931; see also, Acts 1934, Chapter 291, Section 3.
1932 281 Nonpartisan municipal elections; accepted by voters November 8, 1932; see also, Acts 1934, Chapter 62; Acts 1936, Chapter 311; Acts 1937, Chapter 211; Acts 1943, Chapter 124; see also, ARTICLE VI of Division 2 of this part.
1932 308 Regulates contracts made by city; see Charter, Sections 46A and 46B. Repealed by Chapter 400 of the Acts of 2012.
1933 16 Regulates time when the polls shall be open in the City of Somerville for preliminary elections.
1933 91 Places chief engineer of fire department under civil service; accepted by voters November 7, 1933.
1933 99 Prepayment of taxes; accepted January 25, 1934.
1933 222 Re retirement allowance payable; accepted July 13, 1933, approved by the mayor July 17, 1933.
1933 249 Places soldiers' relief commissioner on civil service; accepted June 8, 1933.
1934 291 3 Indemnification of public employees; see Chapter 41, Section 100A of General Laws; accepted May 23, 1935, approved by the mayor May 24, 1935; see also, Acts 1931, Chapter 458.
1934 294 City auditor to be appointed by mayor ; accepted by voters November 6, 1934; see Charter, Section 21.
1934 295 City treasurer to be appointed by mayor; accepted by voters November 6, 1934; see Charter, Section 21.
1934 297 Reducing membership of school committee; accepted by voters November 6, 1934; see Charter, Section 28.
1934 298 Reducing membership of board of aldermen; accepted by voters November 6, 1934; see Charter, Section 10.
1935 378 Licensing and bonding of certain theatrical booking agents, personal agents and managers; see Chapter 140, Section 180A-D of General Laws.
1936 42 Changes in law relative to water liens; see Chapter 40, Section 42A-F of General Laws; accepted June 16, 1936; amends Chapter 391, Acts of 1923.
1936 183 Re awarding certain contracts and making certain leases; accepted by voters November 2, 1937; see Charter, Section 46A. Repealed by Chapter 400 of the Acts of 2012.
1936 223 Increasing pension to retired public school janitors; see Chapter 32, Section 44 of General Laws; accepted January 26, 1937.
1936 290 2(c) Re to pensions of laborers, foremen, etc.; see Chapter 32, Section 77C of General Laws; accepted June 13, 1939.
1936 318 Contributory retirement systems; see Chapter 32, Sections 26-31I of General Laws; accepted December 13, 1945.
1936 330 Re salaries of members of the board of aldermen; accepted by voters November 3, 1936; see Charter, Section 11.
1937 388 Re unpaid bills of 1935.
1938 104 Amends Section 15 of the Charter; accepted April 2, 1938.
1938 426 Providing one day off in every six for police officers; see Chapter 147, Sections 16A, 16B, and 17 of General Laws; accepted November 9, 1939, approved by the mayor November 20, 1939.
1939 108 Authorizing the issue of bonds, notes or certificates of indebtedness for certain purposes; see Chapter 44, Section 8A of General Laws; accepted by the voters November 23, 1939.
1941 638 Further regulating the hours of duty of the fire department; see Chapter 48, Section 58A of General Laws; accepted May 14, 1959, approved by the mayor May 19, 1959.
1941 710 Re registration and operation of bicycles; see Chapter 85, Section 11A of General Laws; accepted February 26, 1942.
1943 499 Authorizing payment to city employees entering armed services; accepted September 14, 1943.
1945 447 Granting vacation to employees returning from the armed services; accepted October 16, 1945.
1945 487 Re annuity to widow of Patrick Brady, accepted July 30, 1945.
1945 635 Re advances of vacation pay to officers and employees; see Chapter 44, Section 65 of General Laws; accepted October 16, 1945.
1945 708 Re retirement allowance of school janitors; see Chapter 32, Section 45A of General Laws; accepted December 19, 1945.
1946 167 Re filling vacancies in board of aldermen and school committee; see charter, sections 7 and 28.
1946 173 Position of nurse in the public welfare department under civil service; accepted July 19, 1946. Repealed by Chapter 400 of the Acts of 2012.
1946 207 Licensed operation on the Lord's Day of bowling alleys; see Chapter 136, Section 4B of General Laws; accepted December 26, 1947.
1946 236 Re right to build and use drain to discharge waste in Miller's River; accepted May 9, 1946, approved by the mayor May 16, 1946.
1946 527 Re equal pay for men and women teachers; see Chapter 71, Section 40 of General Laws; accepted by voters November 4, 1947.
1946 576 Re retirement of police officers and firemen; see Chapter 32, Sections 81A, 81B, 83A, 85F and 86 of General Laws; accepted October 1, 1947.
1946 559 Re increase of pensions to former city employees; accepted September 27, 1946, approved by the mayor November 4, 1946.
1946 599 Requiring the establishment of municipal and district departments of veterans services.
1947 265 Closing of public offices in cities and towns on Saturday; see Chapter 41, Section 110A of General Laws; accepted June 6, 1947 and November 5, 1947.
1947 649 Authorizing a forty-hour week for employees; see Chapter 149, Section 33A of General Laws; accepted September 12, 1947.
1948 552 Increasing annuities to dependents of certain public employees; see Chapter 32, Section 89A of General Laws; accepted February 15, 1949.
1948 588 Re increase of pensions to former city employees; accepted August 17, 1948, approved by the mayor September 7, 1948.
1949 116 Re tenure of office city messenger Daniel A. Downey; accepted April 12, 1949; see Charter, Section 14. Repealed by Chapter 400 of the Acts of 2012.
1949 233 Re tenure of office of Charles DiCicco, investigator in the office of veterans' services department; accepted May 13, 1949, approved by the mayor May 23, 1949.
1949 234 Authorizing the Board of Assessors to be elected by the public; enacted April 29, 1949. Repealed by Chapter 400 of the Acts of 2012.
1949 432 Authorizing payment to Isabel M. Cheney; accepted October 4, 1949.
1949 474 Re the Board of Assessors; enacted July 1, 1949. Repealed by Chapter 400 of the Acts of 2012.
1949 636 Re increases of pensions to certain firemen and police officers; accepted September 15, 1949.
1949 708 Authorizing retirement of John J. Curtin; accepted September 15, 1949.
1950 218 Tenure of office to deputy election commissioner T. Leo Galligan; accepted March 31, 1950.
1950 783 Increase retirement allowances to certain persons ; accepted January 8, 1951.
1950 820 Increase certain pensions; accepted November 21, 1950, approved by the mayor January 1, 1951.
1951 537 Provide annual step-rate increases for municipal public welfare employees; see Chapter 31, Section 47E of General Laws; accepted April 8, 1952, approved by the mayor April 16, 1952.
1951 781 Re increase of pensions to former city employees; accepted December 14, 1954.
1952 259 Re salaries of mayors, city managers, councilors and members of boards of aldermen; see Chapter 39, Section 6A and Chapter 43, Section 17A of General Laws; accepted by voters November 4, 1952; see also, Charter, Section 11.
1952 268 Re day off duty, etc., for holiday work for police officers; accepted May 19, 1959; see Chapter 147, Section 17A of General Laws.
1952 559 Re construction and operation of incinerators by metropolitan district commission; accepted February 3, 1953.
1952 624 Re increase of pensions, retirement, allowances and annuities to former city employees; accepted May 19, 1954.
1953 434 Relative to rent control; accepted July 22, 1953
1953 451 Authorizing borrowing of money for construction of a stadium; accepted July 30, 1953, approved by the mayor July 30, 1953.
1953 628 Re indemnification of retired police and firefighters for certain hospital, medical and surgical expenses; adopted March 9, 1967.
1953 640 Re day off duty, etc., for holiday work for firemen; see Chapter 48, Section 57A of General Laws; accepted May 19, 1959.
1953 650 Establishing a department of public works; accepted by voters November 3, 1953; see Charter, Sections 21, 40-42.
1955 116 Authorizing city to revoke law re tenement houses; see Chapter 144 of General Laws; accepted July 31, 1956.
1955 225 Re rent control; accepted April 20, 1955, approved by the mayor April 26, 1955.
1955 341 Re certain medical expenses of John J. Curtin; accepted May 17, 1955.
1955 670 Re increase of pensions, retirement allowances and annuities to former city employees; accepted March 22, 1956.
1956 253 Authorizing resurfacing certain private ways; accepted May 2, 1956.
1956 374 Re pensions for widows of policemen and firefighters under the noncontributory retirement law; see Chapter 32, Section 85J of General Laws; accepted October 30, 1956.
1956 401 Extending to certain civil defense volunteers indemnification of damages; accepted February 16, 1959.
1956 489 Authorizing payroll deductions on account of contributions to community chests or united funds; see Chapter 180, Section 17B of the General Laws; accepted without approval of mayor July 11, 1957.
1956 495 Re council for the aging; accepted November 14, 1961.
1956 697 Re pensions of Cornelius P. Canavan; accepted October 16, 1956.
1957 57 Authorizing payment to the widow of Daniel A. O'Donoghue; accepted May 17, 1957.
1957 58 Re the use of facsimile counter signatures upon bonds, notes, etc.; see Chapter 44, Section 16A of General Laws; accepted January 26, 1959.
1957 361 Re council for the aging; accepted November 14, 1961.
1957 406 Relative to the establishment of a council for the aging; accepted November 14, 1961.
1957 427 Increasing pension of retired police officers and firefighters; accepted without approval of mayor February 7, 1958.
1959 285 Assures time off to state conventions of associated firefighter, etc.; see Chapter 48, Section 57B of General Laws; accepted June 27, 1961.
1960 239 Increasing noncontributory pensions of certain school janitors and laborers; accepted October 9, 1961.
1960 396 Validates the appointment of Thomas J. Foster as a firefighter; accepted June 1, 1960.
1960 561 Authorizing collective bargaining agreements; accepted November 16, 1960.
1961 111 Re increase of pension and retirement allowance of certain former employees; accepted October 9, 1961.
196 157 Re tenure of office for Bernard J. Lonergan, deputy election commissioner; accepted March 9, 1961, approved by the mayor March 16,1961.
1961 163 Re tenure of office for George E. Mitchell, deputy election commissioner; accepted March 16, 1961.
1961 322 Accepting Section 22D of Chapter 40 of General Laws authorizing towing of vehicles; adopted June 13, 1968.
1961 381 Re paving of private ways; accepted September 19, 1961.
1962 606 Relative to the extension of certain benefits to veterans under the retirement law; accepted September 9, 1965, approved by the mayor September 14, 1965.
1962 646 Re increase of pension and retirement allowances of certain former public employees; accepted June 24, 1963.
1962 786 Requires visible tagging for parking violations; see Chapter 90, Sections 20C, 20D of the General Laws; accepted December 19, 1962, and June 13, 1968.
1963 385 Revoked acceptance of Visible Tagging Law; see Acts 1962, Chapter 786; accepted May 28, 1963.
1963 847 Authorized the city to appropriate money for the payment of, and to pay, certain unpaid bills; accepted December 26, 1963.
1964 34 Re tenure of office for Caesar P. Grillone, incumbent of the office of city physician; accepted March 12, 1964. Repealed by Chapter 400 of the Acts of 2012.
1964 734 Increasing compensation of the members of the board of assessors of the city; accepted March 14, 1968.
1965 277,278 Re increase of noncontributory pension paid to certain former policemen and firefighters; accepted June 13, 1968.
1967 147 Authorizing city to pay a certain annuity to Marion S. Collins; accepted April 27, 1967.
1967 330 Re grant pension to school janitors and laborers equal to seventy-two percent of annual compensation; accepted October 26, 1967.
1967 400 Re increasing retirement allowance of police and firemen who retire under Veterans Retirement Act; accepted October 26, 1967.
1968 245 Accepting Chapter 48, Section 58D, of the General Laws which permits the granting of a forty-two-hour work week for members of the fire department; accepted June 12, 1969.
1968 338 Re increasing retirement allowance of certain city or town employees who retire under Veterans Retirement Act; accepted September 12, 1968.
1969 413 Accepting Chapter 41, Section 100E, of the General Laws entitled "Indemnification of Mayors, Selectmen, etc. against Certain Claims and including Members of Somerville School Committee in Chapter 100E"; accepted June 28, 1971.
1969 856 Re use of insurance proceeds from fire loss at Western Jr. High School to reduce current tax rate.
1970 61 Re salary increases to the members of the fire department retroactively to June 1, 1970; accepted March 11, 1971.
1970 62 Re salary increase to the members of the police department retroactively to June 1, 1970; accepted March 11, 1971.
1970 463 Re Chapter 180, Section 17G of General Laws; county and municipal employees payroll deductions for service fees to collective bargaining agencies; accepted September 23, 1971.
1970 842 Enables certain cities and towns to control rents and evictions; accepted December 1, 1970; rescinded, and reaccepted January 10, 1972.
1971 486 Re licensing of game commonly known and called "Beano"; accepted by voters November 2, 1971.
1971 872 Re funding of certain revenue anticipation notes; accepted by the voters, November 2, 1971.
1971 972 Re further regulating the awarding of certain contracts by the city; accepted December 21, 1971; unsigned and not returned by mayor; see Charter, Sections 46A-C. Repealed by Chapter 400 of the Acts of 2012.
1971 1026 Re transferring the management and control of school buildings to the school committee; accepted November 11, 1971; unsigned and not returned by mayor; revoked by Chapter 644 of the Acts of 1977 see Charter, Sections 28, 40A and 40A.1.
1972 617 Re appropriation of money for the payment of and to pay certain unpaid bills; accepted July 20, 1972.
1972 763 Re Chapter 32B, Section 9F of General Laws providing two thousand dollars ($2,000.00) life insurance and accidental death and dismemberment insurance in lieu of one thousand dollars ($1,000.00) life insurance as provided in Section 9; accepted February 28, 1974.
1973 376 Regarding use of Lincoln Park for state purposes; acceptance by city not required.
1973 613 Re Chapter 40, Section 13 of General Laws; municipal building insurance fund; accepted March 7, 1974.
1973 686 Re retirement of district chief Polcari, a firefighter, at full salary; accepted September 13, 1973.
1973 949 Re increasing the penalties for violations of a city ordinance in the city; accepted March 14, 1974; see Charter, Section 17.
1974 793 CATV
1974 804 Municipal incinerator
1976 37 Re control of rents and evictions in the city; adopted by board of aldermen April 1, 1976; approved by the mayor April 2, 1976.
1977 618 Providing tenure to Leland J. Figgins, to the position of clerk of committees to age seventy; the act was passed by the General Court October 11, 1977, and became effective the same date. It was unnecessary that this act be accepted by the city.
1977 644 Re transferring the management and control of school buildings to the school committee; simultaneously rescinded Chapter 1026 of the Acts of 1971; adopted November 29, 1977 by board of aldermen. Approved by the mayor December 1, 1977; see Charter, Sections 28, 40A, 40A.1, and 40A.2.
1977 833 Providing tenure to David F. O'Brien, as city physician to age seventy; the act was passed by the General Court December 12, 1977, and became effective the same date. It was unnecessary that this act be accepted by the city.
1977 956 Enables treasurer to adopt a new schedule of municipal lien fees; adopted by the board of aldermen December 21, 1982 and by the mayor on December 27, 1982.
1978 192 Relating to the payment of funeral and burial expenses of police officers and firefighters killed in the performance of official duties; accepted by resolution February 22, 1979 by the board of aldermen, and approved by the mayor February 27, 1979.
1978 364 Compensation of city treasurers, accountants or auditors for service rendered with the retirement system; adopted by resolution February 22, 1979, and approved by the mayor February 27, 1979.
1978 397 Establishing a traffic commission; accepted by resolution July 27, 1978, and approved by the mayor July 31, 1978; see ARTICLE VII of Division 2 of this part.
1978 404 Providing tenure to William J. Joyce, as city messenger, to age seventy, upon appointment to the office; by resolution William J. Joyce on July 27, 1978 was appointed by the board of aldermen as city messenger, and also adopted the act.
1978 576 Authorizing granting of limited real estate tax abatements for certain improvements to real estate; adopted by resolution on February 22, 1979 by the board of aldermen and approved by the mayor on February 27, 1979.
1980 217 Authorizing an increased amount for which contracts with cities and towns may be invited; adopted by board of aldermen August 28, 1980, approved by mayor September 3, 1980.
1980 258 Limiting alcoholic beverages licenses to be drunk on the premises to seventy-five; limiting alcoholic beverages licenses to be drunk off the premises to twenty; limiting wine and malt beverage licenses to nine.
1980 384 Amending Chapter 40 of the General Laws by adding new Section 81, authorizing creation of an energy resources commission.
1980 468 Providing for repayment of the overpayment of special education monies by the Commonwealth for fiscal year 1980 in equal installments over a five-year period of time.
1981 121 Amending Section 3A, Chapter 468, Acts of 1980, to extend its provisions to fiscal year 1981.
1981 351 20, 20a Authorizes the city to collect parking fines; accepted by the board of aldermen August 27, 1981 and approved by the mayor September 10, 1981.
1981 487 Authorizes the city to pay to Bernard J. Lonergan such allowance as authorized by Section 101 of Chapter 32 of the General Laws as if he is the widow of a deceased former employee.
1981 612 Authorizing the city to convert from a calendar to a fiscal year cycle for the purpose of reporting its overlay deficit.
1981 809 Chapter 166 of the General Laws is amended by adding Section 32A allowing inspector of wires to do work in the city where appointed and to appoint assistants to inspect work; adopted by board of aldermen March 10, 1983 and approved by mayor March 14, 1983.
1982 123 1 Authorizing Ronald Hodgdon to take a civil service examination for police officer notwithstanding the maximum age requirement.
1982 354 Authorizing the city to raise $4,100,000.00 overlay reserve, in three (3) installments; $2,900,000.00 in fiscal year 1982; $600,000.00 in fiscal years 1983 and 1984, less any fiscal overlay deficits raised in these years; effective July 20, 1982.
1982 370 Providing financial assistance up to ninety percent of construction cost of additional renovation and remodeling of facilities for academic, vocational and technical programs; city to pay not less than fifty nor more than sixty-five percent of interest cost; effective July 26, 1982.
1982 597 Authorizing the issuance of distinctive number plates to former prisoners of war; adopted by board of aldermen on October 13, 1983 and by mayor on October 18, 1983.
1982 656 Authorizing the salaries of the mayor and board of assessors to be set by ordinance; see Charter, Section 25.
1983 75 Authorizing the city to establish a handicapped commission for the purpose of coordinating or carrying out programs designed to meet the problems of the handicapped citizens of the community.
1983 135 Amending Chapter 258, Acts of 1980 to authorize granting of two additional liquor licenses in Assembly Square.
1983 505 Authorizing the city to sell certain parcel of land at corner of Lincoln and Perkins.
1984 30 Designating Prospect St. Bridge as the Vietnam Veterans' Memorial Bridge.
1984 213 Authorizing the city to borrow up to $6,000,000.00 for the purpose of making certain repayments of overpayments to the Boston Edison Company.
1984 477 Amending Chapter 40 of the General Laws by adding a new Section 4h, concerning purchases from other governmental bodies; adopted by the board of aldermen March 28, 1985 and by the mayor April 1, 1985.
1985 23 Election and composition of board of assessors; see Charter, Section 36.
1985 216 Authorizing the city to contract with others for the operation of the municipal incinerator.
1985 218 Amending Chapter 37 of General Laws relative to condominium conversion.
1985 255 Authorizing Robert Swift to take next firefighter exam notwithstanding his age; acceptance by city not required.
1985 486 Providing for the appointment of a purchasing agent in the city; see Charter, Sections 21 and 43 . Repealed by Chapter 400 of the Acts of 2012.
1985 493 Re leaves of absences for certain school personnel elected to public office; see Chapter 71, Section 41A of the General Laws; acceptance by city not required.
1985 188 13 Establishing a professional development grant program for the purpose of supplementing teacher compensation; adopted December 12, 1985; approved by mayor December 17, 1985.
1985 724 Designating a certain bridge in the city as the Mary C. Roderick Bridge; acceptance by city not required.
1985 769 Authorizing the city to lease land and buildings of the former Western Junior High School for periods not to exceed twenty years; acceptance by city not required.
1986 77 Provides for property tax exemption in the city; effective June 10, 1986.
1986 78 Provides for property tax exemption in the city; effective June 10, 1986.
1986 228 Provides for conveyance of certain land in the city for the construction of a bridge; effective July 15, 1986.
1986 291 Authorizes the conveyance of certain park land in the city; effective July 21, 1986.
1986 368 Repealed under Chapter 184 of the Acts of 2006.
1986 369 Re the jurisdiction of the police department; effective August 5, 1986.
1986 490 Authorizes the city to convey a certain parcel of park land for housing purposes; effective October 29, 1986.
1987 47 1, 2 Provides for conveyance of certain land in the city for construction of a parking lot; effective May 11, 1987.
1987 62 Designating a certain bridge in the city as the Elmer Bumpus Memorial Bridge; effective May 11, 1987.
1987 180 1, 2 Certifying Robert F. Kelleher for transfer from position as Registry of Motor Vehicles Examiner to police officer; effective June 29, 1987.
1987 306 Authorizing an increase in fees for certificates of liens. Adopted by board of aldermen March 10, 1988; approved by mayor, March 31, 1988.
1987 499 1, 2 Amending Chapter 59, Section 5 of the General Laws by adding clause 5B; providing for exemption of veterans' organizations from certain taxes; adopted by board of aldermen March 10, 1988; approved by mayor, March 18, 1988.
1987 697 Local options on retirement; adopted by board of aldermen March 24, 1988; approved by mayor, March 30, 1988.
1987 712 3 Amending Chapter 60, Section 3 of the General Laws by adding Section 3C; authorizing establishment of local scholarship fund; adopted by board of aldermen January 28, 1988; approved by mayor, February 3, 1988.
1988 94 1-3 Home rule petition amending Sections 4, 5 of c. 650 of the Acts of 1953, renaming the division of buildings as the division of buildings and grounds and adding the division and superintendent of inspectional services; see Charter, Sections 40C, 40D.
1988 171 Increasing the penalties for violations of ordinances in the City of Somerville.
1989 355 City Clerk's term.
1989 653 40 Allows communities to tax in current fiscal year new construction and improvements built between January 1 and June 30; accepted April 12, 1990.
1990 254 Service of municipal employees after age 70; adopted by board of aldermen August 22, 1991.
1990 291 Re Enhanced 911; accepted September 26, 1991.
1990 479 Third Harbor Tunnel funding.
1991 31 Borrowing money for renovation of City Hall.
1991 227 Abolishing city messenger position.
1991 390 Municipal Commissions on Disability; adopted by board of aldermen June 11, 1992.
1991 463 Decreasing number of alcoholic beverages.
1992 171 Funding schedule of the retirement system.
1992 278 Naming a ball field after Frank Oliveto, Jr.
1992 364 Conveyance of land for bridge construction.
1993 71 83 Relative to an early retirement incentive program in the school department; accepted June 23, 1994.
1993 183 Acquisition of land.
1993 277 Naming a bridge after William Joyce.
1993 288 Elimination of subdivision control.
1994 235 Relative to the rights of certain fire fighters and police officers, adopted March 23, 1995.
1996 71 3 Regarding military service credit for retirement purposes; accepted August 14, 2003.
1996 252 Authorizing municipal charges liens.
1997 118 Authorizing use of land for educational facility.
1998 435 Retiring Sean J. Canty, Somerville Police Officer.
1999 23 Allowing an extension for the submission of the annual budget.
2000 5 Increasing the number of licenses for the sale of wine and malt beverages.
2000 257 Authorizing residential tax exemption from 20% to 30%.
2000 303 Renaming the Cedar Street Bridge as the Alderman Peter G. Piro Bridge.
2001 203 19 Regarding the date of issuance of tax bills; accepted January 10, 2002.
2002 116 Regarding an early retirement incentive; accepted May 23, 2002.
2002 262 Regarding the disposition of certain state-owned property in the city; enacted August 10, 2002.
2002 285 Authorizing an increase in parking fines; enacted August 21, 2002.
2003 46 116 Regarding early retirement incentive program; accepted August 7, 2003.
2003 95 Authoring the issuance of certain general obligation bonds with level debt service.
2004 300 Designating land at Draw 7 Park as the Patrick Sullivan Fishing Hole.
2004 316 Placing Health Inspectors under the supervision of the Division of Inspectional Services.
2004 317 Transferring School Custodians to the Department of Public Works.
2004 327 Relative to public safety and gang loitering. Repealed by Chapter 236 of the Acts of 2022.
2005 157 2 Re retirement allowance for veterans; see Chapter 32, Section 7(2) of General Laws; accepted January 26, 2006.
2005 159 Establishing a Project Mitigation Contribution or Linkage Program for Affordable Housing.
2006 183 Authorizes the Mayor to appoint the Chief of Police pursuant to ordinance, and exempts the Chief of Police from MGL Chapter 31.
2006 184 Authorizes the Mayor to appoint as special police officers retired Somerville police officers and current Somerville Housing Authority police officers, and repeals Chapter 368 of the Acts of 1986.
2008 106 Establishing a municipal hearing process for code violations.
2008 112 Amending Sections 40C and 40D of the City Charter regarding divisions in the Department of Public Works.
2008 180 Allowing the city to impose increased fees for services performed by employees in off-duty work details.
2008 193 Deleting Section 2 of Chapter 316 of the Acts of 2004, eliminating the sunset clause to reorganize health inspectors.
2008 267 Authorizing the Commissioner of Capital Asset Mgmt. and Maintenance to grant easements and convey land re: Assembly Sq.
2008 270 Authorizing the Commissioner of Capital Asset Mgmt. and Maintenance to grant easements re: Capen Court.
2008 449 Amending Chapter 258 of the Acts of 1980, assigning 10 liquor licenses for Assembly Sq. and restoring the state formula for determining the number of licenses.
2010 245 Authorizing the Commissioner of Capital Asset Mgmt. and Maintenance to convey land at 485 Mystic Valley Pkwy. a/k/a 149 Capen St. to the Somerville Housing Authority.
2010 379 Exempting the Deputy Chief of Police from MGL Chapter 31.
2012 21 1-3 Authorizing the city to incur debt to maintain state property leased to or otherwise under the control of the city.
2012 381 Increasing the number of liquor licenses allowed citywide by ten and the number allowed in Assembly Square by two (to 12).
2012 400 1-62 Amending the City Charter to include various updates and an administrative code.
2013 16 Authorizing the city to posthumously appoint Sean A. Collier as a police officer.
2013 180 Authorizing the retirement board to retire police officer Mario Oliveira.
2014 90 Defining the way the offices of mayor and alderman are filled under certain circumstances.
2014 285 Increasing the residential exemption for residential real property from 30 percent to 35 percent.
2016 142 1-11 Amends liquor license regulations.
2016 199 Establishing the Somerville Municipal Job Creation and Retention Trust.
2016 321 1 Amending petition accompanying statement of candidate.
2016 340 1 Amending certain contracts to be accompanied by bond; meet other requirements.
2017 21 Authorizing Somerville to borrow funds to pay certain costs associated with the Green Line Extension.
2018 92 1 Increasing the maximum age to be eligible for appointment as a Special Police Officer.
2018 196 1-3 Authorizing the Division of Capital Asset Management and Maintenance to convey certain land to the Housing Authority.
2018 197 1 Authorizing the Housing Authority to reconstruct the state funded Clarendon Hill public housing project.
2018 298 1 Authorizing an exemption for certain owner-occupied residential properties for water and sewer charges and rates.
2018 355 1—50 Amending the City Charter to create a City Council.
2018 364 1 Increasing the membership of the Redevelopment Authority to 7.
2018 410 1-3 Eliminating the political party requirement for Election Commissioners and Licensing Commissioners.
2020 79 Authorizing the City Council to appoint the Clerks of Committees.
2021 59 Authorizing the appointment of Special Firefighters.
2021 63 Reducing the terms of the members of the Zoning Board of Appeals to 3 years.
2022 99 Authorizing the continued employment of Charles J. Femino as acting chief of police.
2022 179 84 Driving clean energy and offshore wind, accepted September 22, 2022.
2022 236 Further regulating public safety
2022 312 Providing for a gender-neutral charter.
2023 12 Authorizing the continued employment of Charles J. Femino as acting chief of police.

This table shows the location of the sections of the basic Charter and any amendments thereto.

Year Chapter Section this Charter
1871 182 Div. 1
1884 320 52
1895 197 21
1899 240 1 -55
1904 354 28
1915 218 12
1918 127 14
1919 98 5 7 10 12-14 20 28
1923 16 25 191 191, § 1 App., Art. VI , § 1 37 App., Art. III , § 2 App., Art. III , § 1
1924 123 5
1927 47 11
1928 49, §§ 1, 2 81, §§ 1, 2 82, §§ 1-7 App., Art. I , §§ 1, 2 App., Art. II , §§ 1, 2 App., Art. IV , §§ 1-7
1929 178 App., Art. IV , § 3
1930 50 10 28
1932 281 281, §§ 1, 2 281, § 3 281, §§ 4-8 281, § 9 281, §§ 10-13 308 4 App., Art. VI , §§ 1, 2 App., Art. VI , §§ 3-6 App., Art. VI , §§ 7-11 App., Art. VI , §§ 12, 13 App., Art. VI , §§ 14-17 26 43 46A, 46B
1934 62 294, 295 297 298 App., Art. VI , § 8 21 28 10
1935 35 28
1936 183 311 330 46A App., Art. VI , § 3 11
1937 211 353 App., Art. VI , § 3 App., Art. VI , §§ 7, 8 46C
1938 104 268 394, § 1 394, § 2 394, §§ 3, 4 394, § 5 394, §§ 6-8 15 17 App., Art. V, § 1 App., Art. V, §§ 2-4 App., Art. V, §§ 5, 6 App., Art. V, §§ 7-10 App., Art. V, §§ 11-13
1939 190, §§ 1, 2 App., Art. III , §§ 1, 2
1943 124 App., Art. VI , § 3 App., Art. VI , § 7
1946 167 7 28
1949 116 234 474 14 21 36 21 36
1953 650 21 40 40A.1 40B 40C 40D 41, 42
1971 972 1026 46A-46C 28 40A 40A.1
1973 949 17
1977 644 28 40A 40A.1, 40A.2
1978 397, § 1 397, § 2 397, § 2A 397, §§ 3-7 App., Art. VII , § 1 App., Art. VII , §§ 2-5 App., Art. VII , §§ 6, 7 App., Art. VII , §§ 8-12
1980 217 446A-46C
1982 656 25
1985 23 368 486 36 21 443 46A, 46B
1986 368 21
1988 94 40C, 40D
1993 201 Rpld 46A 46B
2002 285 App., Art. VII, § 8
2006 183 21
2008 106 112 Added App., Art. VIII , §§ 1—5 40
2012 381, §§ 1-3 400 Rpld Rpld Added Rpld Rpld Rpld Rpld Added Rpld Rpld Added Rpld Rpld Rpld Added App., Art. IX , §§ 1-3 7 9 11 14 17 18 18A 19 21 27, 28 30 32 34 35 36 37 38 40A.1., 40A.2. 43 , 44 46C 46D 49 52, 53 55 56 App., Art. I , § 1 App., Art. I , § 2 App., Art. II , § 1 App., Art. IV , § 1 App., Art. IV , §§ 2, 3, 5, 6 App., Art. V, §§ 1—13 App., Art. VI , § 2 App., Art. VII , §§ 5, 8
2014 90 7
2016 142, §§ 1-11 321, § 1 340, § 1 App., Art. IX , §§ 3-11 App., Art. VI , § 5 46A
2018 355, §§ 1-50 2 6-8 10-13 15-18 21 23-25 27 28 31 36 38 , 39 40A-40D 42 45, 46 46D 47, 48 50
2018 410, § 1 410, §§ 2-3 App., Art. III , § 1 App., Art. III , § 2
2020 59 79 40 48 5 13A,13C,13D 59A
2021 59 63
2022 236 312 3 7 11 13 16 20 23—25 28 29 31 32 36(a), (b), (g), (j)(1) 40A, 40B 42 46 47 50 54 App., Art. II , § 1 App., Art. IV , §§ 4, 7 App., Art. VI , §§ 2, 3, 5, 8, 9, 11, 13 App., Art. VII , §§ 1—6

PART II CODE OF ORDINANCES

CHAPTER 1 GENERAL PROVISIONS

Sec. 1-1. Citation and effect of Code.

The ordinances embraced in the following chapters and sections shall constitute and be designated "The Code of Ordinances, City of Somerville, Massachusetts," and may be so cited. So far as their provisions are the same in effect as those of previously existing ordinances they shall be construed as continuations of such ordinances, but, subject to the limitation and the provisions of section 1-2 , all ordinances of the city of a general and permanent nature in force on the date of the last ordinance included in this Code are hereby repealed except for those ordinances not affected by this repeal as provided in section 1-10 . This repeal, however, shall not apply to or affect any ordinance accepting or adopting the provisions of any statute of the commonwealth .

Sec. 1-2. Prospective effect of Code, repeal and revival of ordinances and rights and powers of officers.
  1. (a) This Code of Ordinances and the foregoing repeal of all ordinances heretofore in force shall not affect any act done, any right accrued, any penalty or liability incurred, any pending suit, prosecution, or proceeding, or, unless otherwise therein provided, the tenure of office of any person holding office at the time when these ordinances take effect.
  2. (b) Said repeal or the repeal hereafter of any other ordinance shall not have the effect of reviving any ordinance heretofore repealed or suspended.
  3. (c) An officer to whom is assigned under these ordinances substantially the same duties as were assigned to an officer under the same or another designation under existing ordinances shall be regarded as the same officer with the same rights and powers as heretofore.
Sec. 1-3. Repeal of ordinances.
  1. (a) The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
  2. (b) The repeal of any ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed.
Sec. 1-4. Definitions and rules of construction.

In the construction of this Code and of all ordinances enacted, the following interpretations shall be observed unless such construction or interpretation shall be manifestly inconsistent with the evident intent of the city council or the qualified voters, or repugnant to the context or to the evident purport of any ordinance:

Charter . The words "Charter," "City Charter" or "the Charter" shall be deemed to mean and refer to the Charter of the City of Somerville, Massachusetts, being Chapter 240 of the Acts of 1899 as amended.

City . The words "the city" shall mean the City of Somerville, in the County of Middlesex and Commonwealth of Massachusetts.

City council . The words "city council" shall mean the city council of the City of Somerville, Massachusetts.

Code . Unless clearly indicated otherwise, the term "Code" or "this Code" shall mean the Code of Ordinances of the City of Somerville, Massachusetts as cited in section 1-1 .

Commonwealth . The terms "commonwealth" or "state" shall mean the Commonwealth of Massachusetts.

Computation of time . The time in which an act is to be done shall be computed by excluding the first and including the last day and if the last day is a Sunday or a legal holiday that shall be excluded.

County . The word "county" shall mean the County of Middlesex, Massachusetts.

Delegation of authority . Whenever a provision appears requiring the head of a department or other officer of the city to do some act or perform some duty, or granting some right to him or her as such official, it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty, or it shall grant to them such right, unless the terms of the provisions designate otherwise.

Family or relationship structure . The words “family or relationship structure” mean the actual or perceived involvement or uninvolvement of an individual in an intimate personal relationship or relationships. It includes an individual’s actual or perceived affinity, or lack thereof, for any given type of intimate personal relationship, regardless of whether the individual is currently in any intimate personal relationship(s). For the purposes of this definition, “intimate personal relationship” shall include any interpersonal relationship between two or more adult individuals that involves romantic, physical, or emotional intimacy. This includes, but is not limited to, multi‐partner/multi‐parent or non-monogamous families or relationships, stepfamilies, and multi‐generational households.

Gender . A word importing the masculine gender only shall extend and be applied to females and to trusts, associations, firms, partnerships and corporations as well as to males.

General laws . The words "General Laws" shall mean the Massachusetts General Laws annotated as amended.

Joint authority . Words purporting to give a joint authority to three or more officers or other persons shall be construed as giving such authority to a majority of such officers or persons.

Mayor . The word "mayor" shall mean the mayor of the City of Somerville, Massachusetts.

M.G.L.A . "M.G.L.A." shall mean Massachusetts General Laws annotated as amended.

Month . The word "month" shall mean a calendar month.

Number . Words importing the singular shall include the plural and words importing the plural shall include the singular.

Owner . The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of such building or land.

Person . The word "person" shall include a corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.

Preceding, following . The words "preceding" and "following" mean next before and next after, respectively.

Public grounds . The words "public grounds" shall include the parks and all public lands owned by the city, and those parts of public places which do not form travelled parts of streets or highways.

Statute references . Whenever reference is made to the general laws this shall mean the Massachusetts General Laws annotated and may be cited as M.G.L.A.

Tenant or occupant . The word "tenant" or "occupant" applied to a building or land, shall include any person holding a written or oral lease of or who occupies the whole or a part of such building or land, either alone or with others.

Tense . Words used in the past or present tense include the future as well as the past and present.

Ways, streets, highways . The words "ways," "streets" and "highways" shall be construed as including boulevards, avenues, courts, lanes, alleys, squares, places and sidewalks, and each of these words includes every other of them.

Writing or written . The words "writing" or "written" shall include printing.

State law reference(s) – Rules for construction of statutes, M.G.L.A . c. 4, § 6.

Sec. 1-5. Custody of Code.

A copy of this Code together with the zoning ordinance of the city shall be kept on file in the office of the city clerk, preserved in looseleaf form, or in such other forms as the city clerk may consider most expedient. He or she shall keep the building code in a separate book. It shall be the express duty of the city clerk, or someone authorized by him or her, to insert in their designated places all amendments or ordinances which indicate the intention of the city council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the city council. This copy of such Code shall be available for all persons desiring to examine the same and shall be considered the official Code of Ordinances of Somerville.

Charter reference(s)– City clerk, § 31.

Sec. 1-6. Publication of new ordinances.

Every ordinance shall, except when otherwise provided, be published by inserting the same once in some newspaper published in the city . This section and section 1-5 are directory only, and a failure to comply with the same shall not affect the validity of any ordinance.

State law reference(s)– Publication of ordinances, M.G.L.A . c. 40, § 32A.

Sec. 1-7. Catchlines of sections.

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

Sec. 1-8. History notes.

The history notes appearing in parentheses after sections of the Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section.

Sec. 1-9. References and editor's notes.

The references and editor's notes appearing throughout the Code are not intended to have any legal effect but are merely intended to assist the users of the Code.

Sec. 1-10. Ordinances and actions not affected by Code.

Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code:

  1. (1) Any ordinance promising or guaranteeing the payment of money by the city , or authorizing the issuance of any bonds of the city, or any evidence of the city's indebtedness, or any contract, agreement, lease, deed or other instrument or obligation assumed by the city; (2) Any ordinance accepting or adopting the provisions of any statute of the commonwealth; (3) Any right or franchise, permit or other right granted by any ordinance; (4) Any ordinance establishing positions, classifying positions and setting salaries or fringe benefits of the mayor , councilors, city officers, employees, or members of any city boards, commissions or agencies; (5) Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing or vacating any street, alley or other public way in the city; (6) Any ordinance establishing and prescribing the street grades in the city; (7) Any personnel policies and regulations; (8) Any land use, zoning or rezoning ordinance; (9) Any ordinance annexing territory or excluding territory from the city or redefining the boundaries; (10) Any appropriation ordinance or any ordinance levying or imposing taxes; (11) Any ordinance providing for local improvements and assessing taxes therefor; (12) Any ordinance dedicating or accepting any plat or subdivision in the city; (13) Any ordinance establishing the official plat of the city, the zoning map or any amendments thereof not included herein; (14) Any ordinance prescribing traffic and parking regulations for specific streets and locations; (15) Any temporary or special ordinance; (16) Any ordinance adopting or setting out a building code; (17) Any ordinance setting fees for licenses and permits; (18) Any ordinance setting rates for taxicabs; (19) Any administrative ordinance or resolution of the city council; (20) Any ordinance establishing or designating bus stops, taxicab stands and service areas; (21) Any ordinance or regulation pertaining to water and sewer rates; (22) Any ordinance adopted after December 29, 1986;

and all such provisions shall continue in force and effect as if fully set forth in this Code.

Sec. 1-11. Penalties and violations.
  1. (a) Any person who violates a provision of this Code or of any ordinance of the city , whether included in the Code or any hereafter enacted, whereby any act or thing is enjoined or prohibited or required, shall unless other provision is expressly made, be liable to a penalty of $300.00 for each offense; provided, however, that whenever a higher penalty is permitted under the General Laws of Massachusetts, such higher penalty shall be the maximum penalty for each offense; and provided further, that nothing in these provisions shall be deemed to limit the use of other lawful methods of abating violations of this section including, but not limited to, application for equitable relief from a court of law. Each day a violation continues shall constitute a separate offense. In order to determine the number of offenses under this section, each offense for the property in the same calendar year shall be counted, except that snow removal violations shall be counted from October 1 through May 1 of the following year.
  2. (b) Whoever violates any provision of this Code or any ordinance of the city, the violation of which is subject to a specific penalty, may also be penalized by a noncriminal disposition as provided in the General Laws, Chapter 40, Section 21D. The noncriminal method of disposition may also be used for violations of any rule or regulation of any municipal officer, board or department which is subject to a specific penalty. Without intending to limit the generality of the foregoing, it is the intention of this subsection that the following ordinances and sections of ordinances are to be included within the scope of noncriminal disposition for violations of ordinances according to the General Laws, Chapter 40, Section 21D. The specific penalties, as listed here, shall apply in such cases. Except for enforcement of the building code, fire code, sanitary code, and zoning ordinances, police officers shall be considered to be enforcing persons in all cases of this subsection, except as otherwise provided by state statute, in addition to the municipal personnel listed, if any, for each subsection:
Offense Fine Enforcing Personnel
Feeding or Baiting Animals (Sec. 3-3 ) $25.00 Police; animal control; commissioner of public works; inspectional services
Dog Violations (Sec. 3-38 ) $50.00 1 Police; animal control; commissioner of public works; inspectional services
Non-Domesticated Animals (Sec. 3-39 ) 1st offense: $100.00 2nd offense: $200.00 3rd & subsequent offense: $300.00 Police; inspectional services
Storage of Combustibles (Sec. 5-4 ) $100.00 Police; fire
Compliance with Orders of Fire Officers (Sec. 5-9 ) $100.00 Police; fire
Obstruction of Fire Prevention Bureau Personnel (Sec. 5-10 ) $100.00 Police; fire
Indoor Pyrotechnic Displays (Sec. 5-11 ) $300.00 Police; fire
Inspection of Buildings by Fire Department (Sec. 5-38 ) $100.00 Police; fire
Failure to Comply with Order to Correct Fire Violation (Sec. 5-80 ) $100.00 Police; fire
False Fire Alarms (Sec. 5-98 ) 1st or 2nd offense: oral warning 3rd offense: written warning 4th & subsequent offense: $300.00 Police; fire
Smoking in Parks (Sec. 6-3 ) $100.00 Police; health department; inspectional services
Biotechnology Research ( CHAPTER 6 , Article IV) $300.00 Police; biosafety committee; inspection services
Limited Services Pregnancy Centers ( CHAPTER 6 , Article VI) $300.00 Inspectional services division
Posting of Name and Address of Owner or Agent (Sec. 7-1 ) 1st offense: Warning 2nd offense: $100.00 3rd & subsequent offense: $300.00 Inspectional services
Parking Permit Restriction Notification (Sec. 7-2 ) 1st offense: $100.00 2nd offense: $200.00 3rd & subsequent offense: $300.00 Inspectional services; parking
Historic Preservation (Sec. 7-27 , 7-28 ) $100.00 Police; inspectional services
Demolition Review (Sec. 7-28 ) $300.00; No building permit issued for 4 years after the date of unauthorized demolition Inspectional services
Condominium Conversion (Sec. 7-71 ) $300.00 Police; condominium review board; inspectional services
University Accountability (Sec. 7-155 ) 1st and subsequent offense: $300.00 Inspectional services
Short-Term Rentals (Sec. 7-256 ) $300.00 Police; inspectional services
Housing Stability Notification Act (Sec. 7-286 ) 1st offense: warning 2nd and subsequent offenses: $300.00 Police; inspectional services
Operating Hours (Sec. 8-7 ) 1st offense: written warning 2nd and subsequent offenses: $300.00 Police; inspectional services
Plastic Bags Regulations (Sec. 8-11 ) $50.00 Police; health inspectors
Carnivals, Concerts, Circuses & Other Entertainment & Amusement (Sec. 8-14 ) $100.00 Police; inspectional services
Amusement Devices, Video Games, Pinball Machines (Sec. 8-15 ) $100.00 Police; inspectional services
Junk Dealers & Junk Shop (Sec. 8-63 , Sec. 8-72) $100.00 Police; commissioner of public works; inspectional services
Hawkers & Peddlers (Sec. 8-86 ) $20.00 2 False or insufficient weight or measure: 1st offense: $75.00 2nd offense: $187.50 3rd offense: $375.00 3 Police; commissioner of public works; inspectional services
Transient Vendor (Sec. 8-99 ) $50.00 4 Police; commissioner of public works; inspectional services
Open Air Vending (Sec. 8-114 ) $25.00 Police; commissioner of public works; inspectional services
Street Performers (Sec. 8-124 ) 1st offense: $100.00 2nd offense: $200.00 3rd offense: $300.00 Police
Door-to-Door Solicitors & Canvassers (Sec. 8-152 ) 1st offense: $100.00 2nd & subsequent offense: $300.00 Police
Garages (Sec. 8-169 ) 1st offense: Warning 2nd offense: $100.00 3rd & subsequent offense: $300.00 Police; commissioner of public works; inspectional services
Bottle Redemption Centers (Sec. 8-204 ) $100.00 Police; health inspectors; inspectional services
Fortune Tellers (Sec. 8-350 ) 1st offense: $100.00 2nd offense: $200.00 3rd & subsequent offense: $300.00 Inspectional services
Mobile Food Vendors (Sec. 8-368 ) 1st offense: $100.00 2nd offense: $200.00 3rd & subsequent offense: $300.00 Police; inspectional services
Consumption, Possession, Sale of Alcoholic Beverages in Certain Public Areas (Sec. 9-1 ) $100.00 Police
Sale of Non-Alcoholic Beer or Wine to Persons under 21 (Sec. 9-2 ) $300.00 Police
Marijuana in Public Places and Businesses (Sec. 9-3 ) $300.00 Police
Disorderly Conduct in council chambers (Sec. 9-16 ) $50.00 5 Police
Signs in Council Chambers (Sec. 9-17 ) $25.00 Police
Vegetation and Wood on Private Property (Sec. 9-56 )(a)) 1st offense: warning for first ongoing incident 2nd offense: $35.00 per day for second ongoing incident 3rd and subsequent offense: $300.00 per day for third and subsequent ongoing incident Police; commissioner of public works; inspectional services; health inspectors
Vegetation and Wood on Private Property (Sec. 9-56 )(b), (c), and (d)) 1st offense: warning for first ongoing incident 2nd offense: $35.00 per day for second ongoing incident 3rd and subsequent offense: $50.00 per day for third and subsequent ongoing incident Police; commissioner of public works; inspectional services; health inspectors
Repairing and Storing Motor Vehicles on Public and Private Property (Sec. 9-57 ) 1st offense: $100.00 2nd offense: $200.00 3rd & subsequent offense: $300.00 Police; commissioner of public works; inspectional services; health inspectors
Graffiti Removal (Sec. 9-67 ) $100.00 Police; inspectional services
Peeping and Stalking (Sec. 9-72 ) 1st offense: $100.00 2nd & subsequent offense: $100.00 Police
Use of Fireworks (Sec. 9-88 ) 1st offense: $50.00 2nd offense: $150.00 3rd & subsequent offense: $300.00 Police
Selling and Storing Fireworks (Sec. 9-89 ) 1st offense: $50.00 2nd offense: $100.00 3rd & subsequent offense: $300.00 Police
Abandoned Refrigerators (Sec. 9-90 ) $100.00 Police; inspectional services; health inspectors
Abandoned Motor Vehicles (Sec. 9-91 ) $100.00 Police; fire
Sale of Spray Paint, Indelible Markers (Sec. 9-93 ) $50.00 Police
Vaporized Liquor (Sec. 9-95 ) $300.00 Police
Nuisance Control (Sec. 9-97 ) 1st offense: $100.00 2nd offense within 1 year: $200.00 3rd or subsequent offense within 1 year: $300.00 Police
Expanded Polystyrene Ban (Sec. 9-104 ) 1st offense: Warning 2nd offense within 1 year: $100.00 3rd & subsequent offense within 1 year: $300.00 Health inspectors; inspectional services
Plastic Bags in a Retail Establishment (Sec. 9-105.3 ) 1st offense: Warning 2nd offense: $50.00 3rd & subsequent offense: $100.00 Inspectional services
Distribution of Plastic Straws, Plastic Stirrers and Plastic Cutlery (Sec. 9-106.2 ) 1st offense: Warning 2nd offense: $100.00 3rd & subsequent offense: $300.00 Health inspectors; inspectional services division
Plastic Bag Recycling (Sec. 9-106.7 ) 1st offense: $100.00 2nd offense: $200.00 3rd & subsequent offense: $300.00 Inspectional services division
Noise - Construction (Sec. 9-116 (3)) 1st offense: $100.00 2nd and subsequent offense: $300.00 Police; inspectional services
Noise (Sec. 9-118 ) 1st offense: Warning 2nd offense: $100.00 3rd & subsequent offense: $300.00 Police; inspectional services
Building Code (Sec. 9-131 ) 1st offense: Warning 2nd & subsequent offense: $300.00 Inspectional services
Fire Code (Sec. 9-132 ) 1st offense: Warning 2nd & subsequent offense: $300.00 Fire
Sanitary Code (Sec. 9-133 ) 1st offense: Warning 2nd & subsequent offense: $300.00 Health inspectors
Avoidable Alarms (Sec. 10-36 ) a. Third false alarm and any subsequent avoidable alarm: $300.00 for commercial properties. b. Third false alarm and any subsequent avoidable alarm: $100.00 for residential properties. Police
Avoidable Alarms (Sec. 10-36 ) 3rd & subsequent offense: $300.00, after two or more avoidable alarms within a calendar year Police
Burglar Alarms Regulations (Sec. 10-42 ) $300.00 Police
Household Trash & Rubbish (Sec. 11-31 ) 1st offense: $50.00 2nd offense: $100.00 3rd & subsequent offense: $300.00 Police; commissioner of public works; inspectional services; health inspectors
Commercial Trash (Sec. 11-34 ) $65.00 per day for first ongoing incident $125.00 per day for second ongoing incident $300.00 per day for subsequent ongoing incident Police; commissioner of public works; inspectional services; health inspectors
Trash & Rubbish for dwellings with seven or more units (Sec. 11-35 ) $50.00 Police
Grease Container (Sec. 11-36 ) $100.00 Police, inspectional services
Disinfection of Refuse Vehicles (Sec. 11-37 ) $100.00 Police, inspectional services
Rodent Control (Sec. 11-38 ) 1st offense: $50.00 2nd offense: $100.00 3rd & subsequent offense: $300.00 Inspectional services; board of health
Removal of Litter from a Retail Parking Area (Sec. 11-39 ) $100.00 Police, inspectional services
Mandatory Recycling – Residential Dwellings: Separation of Recyclable Materials; Collection of Recyclable Materials; Recycling Plans (Sec. 11-40 (c),(d)(1)(a-c), (e)) 1st offense: Warning 2nd offense: $100.00 3rd & subsequent offense: $300.00 Police; commissioner of public works; inspectional services; health inspectors
Mandatory Recycling – Residential Dwellings Over Six Units; Commercial and Nonprofit Establishments: Separation of Recyclable Materials; Collection of Recyclable Materials; Recycling Plans (Sec. 11-40 (c),(d)(2),(e)) 1st offense: Warning 2nd offense: $125.00 3rd & subsequent offense: $300.00 Police; commissioner of public works; inspectional services; health inspectors
Mandatory Recycling – Collection by Unauthorized Persons (Sec. 11-40 (d)(1)(d)) 1st offense: Warning 2nd offense: $100.00 3rd & subsequent offense: $300.00 Police; commissioner of public works; inspectional services; health inspectors
Trash and Litter Upon Sidewalks (Sec. 11-43 ) 1st offense: $50.00 2nd offense: $100.00 3rd & subsequent offense: $300.00 Police; commissioner of public works; health inspectors
Trash Outside of Places of Business (Sec. 11-44 ) 1st offense: $50.00 2nd offense: $100.00 3rd & subsequent offense: $300.00 Police; commissioner of public works; inspectional services; health inspectors
Paving and Driveway Permit (Sec. 11-88 (b)) $300.00 City engineer; inspectional services
Paving Contractor (Sec. 11-88 (c)) $300.00 City engineer; inspectional services
Street Numbering (Sec. 11-109 ) $25.00 Police; commissioner of public works, inspectional services
Vacant Property Notification (Sec. 11-111 ) $100.00 Police, inspectional services
Pipes, sewer, conduit, poles or other structures on, above, or under streets (Sec. 11-142 ) $100.00 Police
Stormwater Runoff (Sec. 11-145 ) $300.00 City engineer; inspectional services
Illicit Discharge (Sec. 11-146 ) 1st offense: warning 2nd offense: $100.00 3rd & subsequent offense: $300.00 City engineer
Stormwater Management (Sec. 11-176 ) 1st offense: warning 2nd offense: $100.00 3rd & subsequent offense: $300.00 City engineer
Antilittering (Sec. 12-3 ) $50.00 Police; health inspectors
Sidewalk Snow and Ice Removal (Sec. 12-8 ) - Residential dwelling (as defined in Sec. 11-31 (b)(23)) - single, two, and three family dwelling 1st offense: $100.00 2nd offense: $200.00 3rd and subsequent offense: $300.00 DPW commissioner; inspectional services; traffic and parking
Sidewalk Snow and Ice Removal (Sec. 12-8 ) - Residential dwelling (as defined in Sec. 11-31 (b)(23)) - four or more dwelling units; commercial establishment (as defined in Sec. 11-31 (b)(7)) 1st offense: $150.00 2nd and subsequent offense: $300.00 DPW commissioner; inspectional services; traffic and parking
Snow or Ice Generally Prohibited from Being Placed in Street (Sec. 12-9 ) - Residential dwelling (as defined in Sec. 11-31 (b)(23)) - single, two, and three family dwelling 1st offense: $100.00 2nd offense: $200.00 3rd and subsequent offense: $300.00 DPW commissioner; inspectional services; traffic and parking
Snow or Ice Generally Prohibited from Being Placed in Street (Sec. 12-9 ) - Residential dwelling (as defined in Sec. 11-31 (b)(23)) - four or more dwelling units; commercial establishment (as defined in Sec. 11-31 (b)(7)) 1st offense: $150.00 2nd and subsequent offense: $300.00 DPW commissioner; inspectional services; traffic and parking
Projections Over Street/Sidewalk (Sec. 12-14 , 12-15 ) $50.00 Police; commissioner of public works; inspectional services
Awnings (Sec. 12-16 ) $50.00 Police; commissioner of public works; inspectional services
Obstacles in streets or sidewalks overnight (Sec. 12-18 ) $100.00 Police; commissioner of public works
Parking Lot Sweeping Hours (Sec. 12-20.1 ) 1st offense: $100.00 2nd offense: $200.00 3rd & subsequent offense: $300.00 Inspectional services division; police
Any violation of the ordinance regulating billboard and other forms of alcohol advertising (Sec. 12-21 et seq.) 1st offense: warning 2nd offense: $100.00 3rd & subsequent offense: $150.00 Inspectional services division
Activities on Certain Public Property (Sec. 12-46 ) 1st offense: $50.00 2nd offense: $100.00 3rd & subsequent offense: $200.00 Police; traffic and parking
Construction Dumpsters (Sec. 12-77 ) 1st offense: warning 2nd offense: $200.00 3rd & subsequent offense: $300.00 Police; inspectional services
Shopping Carts (Sec. 12-89 ) $100.00 per day Police; inspectional services
Shopping Cart Violations (Sec. 12-99 ) $100.00 Police; inspectional services
Tree Preservation (Sec. 12-100 , et seq.) $300.00 each offense Inspectional services division; tree warden; tree warden deputies
Vulnerable Road Users (Sec. 12-122 ) 1st offense: $100.00 2nd offense: $200.00 3rd & subsequent offense: $300.00 Fleet division and SPD
Taxicab (Sec. 13-6 ) $300.00 Police; commissioner of public works; inspectional services
Livery (Sec. 13-96 ) $300.00 Police
Pay to Play and Campaign Contributions (Sec. 15-75 ) 1st offense: Warning 2nd offense: $100.00 3rd and subsequent offense within 1 year: $300.00 Ethics commission; auditor
Zoning: Use of Real Property without SPGA Approval (SZO Sec. 9.1.1.a) 1st offense: Warning 2nd offense: $100.00 3rd offense: $300.00 Inspectional services
Zoning: Use of Real Property Prohibited (SZO Sec. 9.1.1.b) 1st offense: Warning 2nd offense: $100.00 3rd offense: $300.00 Inspectional services
Bicycle Law (G.L. c. 85, §§ 11A, 11B, 11C) $20.00 6 Police
BOARD OF HEALTH REGULATIONS
Editor’s note(s) — The Board of Health sets the "BOARD OF HEALTH REGULATIONS" offenses.
Body Art $250.00 Police; health inspectors; inspectional services
Removal or Transportation of Garbage $50.00 Health inspectors
Sale of Tobacco Products to Minors 1st offense: $300.00 2nd offense within 36 months: $300.00 and 7 day suspension of license 3rd offense within same 36 months: $300.00 and 30 day suspension of license 4th offense within same 36 months: hearing with possible permanent revocation of license Health inspectors
Sale of Tobacco without a Valid License 1st offense: $500.00 2nd offense: $500.00 and 1 year revocation of license Health inspectors
Other Youth Access $50.00 Health inspectors
Smoking Fines Issued to Establishments: 1st offense: $100.00 2nd offense within 2 years: $200.00 3rd & subsequent offenses within 2 years: $300.00 Egregious violations may result in suspension of license Fines Issued to Smokers: $100.00 per violation Police; health inspectors
TRAFFIC AND PARKING REGULATIONS
Editor’s note(s) —The Traffic Commission sets the "TRAFFIC AND PARKING REGULATIONS" offenses, with certain exceptions (per c. 285 of the Acts of 2002).
Over 48 Hours $50.00 Police; parking
Taxi Stand $50.00 Police; parking
Meter Violation $30.00 Police; parking
Restricted Zone $50.00 Police; parking
High School Concourse $50.00 Police; parking
Commercial Overnight $50.00 Police; parking
Wrong Direction $50.00 Police; parking
Overtime Parking $50.00 Police; parking
On Sidewalk $50.00 Police; parking
Bus Stop $100.00 Police; parking
Loading Zone $50.00 Police; parking
Obstructing Driveway $100.00 Police; parking
Over 1 ft. from Curb $50.00 Police; parking
Construction Zone (Posted) $50.00 Police; parking
At Traffic Island/Safety Zone $50.00 Police; parking
Leaving less than 12 ft. Passage $50.00 Police; parking
Obstructing Street Sweeping $50.00 Police; parking
No Stopping Zone $50.00 Police; parking
Permit Parking $50.00 Police; parking
Obstructing Posted Fire Lane $100.00 Police; parking
Within 20 ft. of Intersection $50.00 Police; parking
On Crosswalk $50.00 Police; parking
Obstructing Handicap Ramp $200.00 Police; parking
Double Parked $50.00 Police; parking
Within 10 ft. of Hydrant $100.00 Police; parking
Handicapped Parking $200.00 Police; parking
Unattached Trailer/Semi Trailer $50.00 Police; parking
Non-Compliance Moving Van Permit $50.00 Police; parking
Non-Compliance Moving Container/Portable On Demand Storage (POD) Permit $50.00 Police; parking
Invalid or Expired Registration Plate $50.00 Police; parking
Invalid or Expired Inspection Sticker $50.00 Police; parking
Obstructing Bicycle Lane $50.00 Police; parking
Declared Snow Emergency:
Tow Zone/Obstructing Snow Plow $100.00 Police; parking
Within 10 ft. of Hydrant/Designated Fire Lane $100.00 Police; parking
Within 20 ft. of an Intersection $100.00 Police; parking
1. Per M.G.L. c. 140, § 173, fine for dog-fouling cannot be more than $50.00. 2. M.G.L. c. 101, § 17 - fine not to exceed $20.00. 3. M.G.L. c. 94, § 177 4. Not more than $50.00 for operating without a license or filing a false application. M.G.L. c. 101, § 9. 5. Fine can be no more than $50.00 per M.G.L. c. 272, § 40 6. Per M.G.L. c. 85, §§ 11A, 11B, 11C, fines cannot exceed $20.00 and all fines collected shall be used by the respective cities and towns for the development and implementation of bicycle programs.
  1. (c) Failure to make payment of any fines for the violations listed in section 1-11(b) may result in the revocation, suspension or denial of any local license or permit, including renewals and transfers, pursuant to section 8-3 of the Code of Ordinances and/or a municipal charges lien being placed on the violator’s property located within the city pursuant to the authority and provisions of Chapter 252 of the Acts of 1996.

Charter reference(s) – Power of city council to set penalties for violation of ordinances, § 17(4).

Cross reference(s) – Complaints about dogs, § 3-31 et seq.; household trash and rubbish collection, § 11-31 ; snow and ice on sidewalks, § 12-8 .

State law reference(s) – Penalty authorized, M.G.L.A . c. 40, § 21.

Sec. 1-12. Persons liable for penalties and violations.

When an act is prohibited by an ordinance, not only the persons actually doing the prohibited act but also the employers and all other persons concerned therein, shall be liable to the penalty prescribed therefor.

Sec. 1-13. Amendments to Code.
  1. (a) All ordinances passed subsequent to the adoption of this Code which may amend, repeal or in any way affect the same may be numbered in accordance with the numbering system of this Code and printed for inclusion herein. In the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby. The subsequent ordinances as numbered and printed or omitted, in the case of repeal, shall be prima facie evidence of such subsequent ordinances until such time that this Code and subsequent ordinances numbered or omitted are readopted as a new Code by the city council.
  2. (b) Amendments to any of the provisions of this Code shall be made by amending such provisions by specific reference to the section number of this Code in substantially the following language: "That section _________ of the Code of Ordinances of the City of Somerville, Massachusetts, is hereby amended to read as follows: ...." The new provisions should then be set out in full as desired.
  3. (c) If a new section not heretofore existing in the Code, is to be added, the following language should be used: "That the Code of Ordinances of the City Somerville, Massachusetts, is hereby amended by adding a section to be numbered ______________, which said section reads as follows: ...." The new section should be then set out in full as desired.
  4. (d) All sections, articles, chapters or provisions desired to be repealed should be specifically repealed by section, article or chapter number, as the case may be.
Sec. 1-14. Supplementation of Code.
  1. (a) By contract or by city personnel, supplements to this Code shall be prepared and printed whenever authorized or directed by the city council. A supplement to the Code shall include all substantive permanent and general parts of ordinances passed by the city council or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the Code, and shall also include all amendments to the Charter during the period. The pages of a supplement shall be so numbered that they will fit properly into the Code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the Code will be current through the date of the adoption of the latest ordinance included in the supplement.
  2. (b) In preparing a supplement to this Code, any portions of the Code which have been repealed shall be excluded from the Code by the omission thereof from reprinted pages.
  3. (c) When preparing a supplement to this Code, the codifier (meaning the person , agency or organization authorized to prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code. For example, the codifier may: (1) Organize the ordinance material into appropriate subdivisions; (2) Provide appropriate catchlines, headings and titles for sections and other subdivisions of the Code printed in the supplement, and make changes in such catchlines, headings and titles; (3) Assign appropriate numbers to sections and other subdivisions to be inserted in the Code and, where necessary to accommodate new material, change existing section or other subdivision numbers; (4) Change the words "this ordinance" or words of the same meaning to "this chapter," "this article," "this division," etc., as the case may be, or to "sections ___________ to " (inserting section numbers to indicate the sections of the Code which embody the substantive sections of the ordinance incorporated into the Code); and (5) Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the Code; but in no case shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the Code.
Sec. 1-15. Severability.

It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of these ordinances are severable, and if any phrase, clause, sentence, paragraph or section of these ordinances shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of these ordinances, since the same would have been enacted by the city council without the incorporation in these ordinances of any such unconstitutional phrase, clause, sentence, paragraph or section.

Sec. 1-16. Power to license.

When in an ordinance anything is prohibited from being done without the license or permission of a certain officer, officers, or board; such officer, officers, or board shall have the power to license or permit things to be done.

Sec. 1-17. Fine and penalty collection.

All fines and penalties recovered for the violation of any ordinance or any order of the city council shall enure to the use of the city and be paid into the city treasury, unless it be otherwise directed by the laws of the commonwealth or the ordinances of the city.

Sec. 1-18. Notices of general meetings.

Notices of general meetings of the citizens qualified to vote, when called by the city council under Section 8 of Chapter 240 of the Acts of the General Court for the year 1899, shall be given by the city clerk by publishing a copy thereof in one or more newspapers published in the city, and by posting a like copy in a conspicuous place in his or her office, such publications and posting to be at least three days before the time of such meeting. Said notices shall state the time, place and purposes of the meeting.

Charter reference(s)– General meetings of qualified voters, § 8.

Sec. 1-19. City seal.

The following shall be the device of the seal of this city :

A representation of the Old Powder House with the present flag of the United States of America unfurled within a circle, within same circle inscription "Town 1842-1872 City Honorably Purchased from the Pawtuckets 1639"; outer circle "Somerville, Mass., Municipal Freedom Gives National Strength"; the whole to be arranged according to the impression of seal printed herein. (Code 1963, § 1-15)

State law reference(s) – Municipal seals, M.G.L.A . c. 40, § 47; unauthorized use of city seal, M.G.L.A. c. 268, § 35.

CHAPTER 2 ADMINISTRATION*

Charter reference(s) – Legislative department, ARTICLE 3 ; executive department, ARTICLE 4 ; power and duties of administrative officers, ARTICLE 6 .

Cross reference(s) – Emergency management, Ch. 4; fire department organization, § 5-31 et seq.; health, Ch. 6; police, Ch. 10; public works, Ch. 11; veterans' aid and pensions, Ch. 14.

State law reference(s) – Powers and duties of cities and towns, M.G.L.A . c. 40.

ARTICLE I. IN GENERAL
Sec. 2-1. Equal opportunity policy.

It shall be the policy of the city to afford to every person equal access to opportunity, including without limitation, employment, educational and recreational opportunity. No officer or employee of the city shall deny to any person access to opportunity as aforementioned.

Sec. 2-2. Affirmative action program.

An affirmative action program is hereby established within and for the city government. Said program shall be located within the human services department and shall be headed by an affirmative action officer who shall be appointed by the mayor , subject to confirmation of the city council, and shall be specially suited by education, training and experience to hold said position. The affirmative action officer shall prepare and submit a plan to the mayor, and the city council, which shall outline the steps to be taken to bring the city in compliance with applicable federal and state law, rules and regulations as they relate to affirmative action hiring. (Code 1963, § 3-8A)

Cross reference(s) – Office of affirmative action, § 2-330 .

Sec. 2-3. City-owned vehicles.
  1. (a) There shall be inscribed on the front doors of all cars and trucks and other city-owned vehicles, the name of the respective department in charge of said vehicles and the words " City of Somerville" by painting same thereon, in letters of contrasting color, said letters to be no less than two inches in height. Police inspectors' cars are not to be subject to these provisions.
  2. (b) When the head of any department fails to have this inscription on any car or truck or other vehicle owned by the city he or she may be summoned before the city council.
  3. (c) All city-owned vehicles shall be placed in their respective garages at the end of an ordinary business day, with the exception of those vehicles that are on emergency work. Police inspectors' cars are not subject to these provisions.
Sec. 2-4. Hours of operation of city offices.

The offices at city hall shall be open each week, Monday, Tuesday and Wednesday, from 8:30 a.m. to 4:30 p.m., Thursday from 8:30 a.m. to 7:30 p.m., and Friday from 8:30 a.m. to 12:30 p.m., legal holidays excepted; or such other days and times as agreed upon by the mayor and collective bargaining units and subject to approval by the city council. The offices of all other departments located outside of city hall, except those subject to jurisdiction of school committee or the board of trustees of the public library, shall be open each week, Monday through Friday, legal holidays excepted, from 8:30 a.m. to 4:30 p.m. or such other days and times as agreed upon by the mayor and collective bargaining units and subject to approval by the city council.

Sec. 2-5. Handicapped-accessibility of city offices.

All city buildings and offices located therein under the direct control of the mayor and city council shall be accessible to physically handicapped individuals.

Sec. 2-6. Somerville Welcoming Community Ordinance.
  1. (a) Purpose . The purpose of this ordinance is to establish our city as a welcoming community, to declare that all are welcome here, and to increase public confidence in Somerville’s government by providing guidelines associated with our city’s voluntary involvement in federal immigration enforcement. This welcoming community ordinance shall replace section 2-6 of the Somerville Municipal Code ("The Trust Act") in its entirety.
  2. (b) Background . The City of Somerville first declared itself to be a Sanctuary City by Resolution of the Board of Aldermen in 1987. Policies regarding the city’s voluntary involvement in federal immigration enforcement were formally established by Executive Order in May of 2014 and in October of 2014 the Board of Alderman ordained the “Trust Act,” which codified certain aspects of those policies. In 2016 the Board of Aldermen, by Resolution, reaffirmed Somerville as a Sanctuary/Trust Act City. This welcoming community ordinance further codifies existing policy and serves to reinforce the city’s ongoing commitment to the immigrant community and sanctuary city status.
  3. (c) Preamble . It is not within the purview nor mandate of the City of Somerville to enforce federal immigration law or seek the detention, transfer, or deportation of Somerville residents for civil immigration purposes, nor should the City of Somerville’s resources be expended toward that end. The City of Somerville will equally enforce the law and serve the public without consideration of immigration status, citizenship, national origin, race, or ethnicity.
  4. (d) Definitions .

ICE means the federal agency “Immigration and Customs Enforcement” (ICE), and any other federal agency charged with the enforcement of immigration laws.

ICE administrative warrant means a warrant, notice to appear, removal order, warrant of deportation, or other ICE custody document (I-200, I-203, I-205 or another listed in the National Crime Information Database (NCIC)) issued by a federal immigration official, not a judicial officer, and not based on a finding of probable cause for an alleged criminal law violation.

Immigration detainers and ICE detainers are requests made by federal immigration officials, including but not limited to those authorized under Section 287.7 of Title 8 of the Code of Federal Regulations to local Law Enforcement or Courts, to voluntarily maintain custody of an individual once that individual is released from local custody, and/or to notify a federal agency before the pending release of an individual.

  1. (e) Order . (1) Equal treatment . The City of Somerville shall treat all persons equally, enforce laws, and serve the public without consideration of immigration status. Citizenship, immigration status, national origin, race, and ethnicity shall have no bearing on an individual's treatment by employees or officers of city agencies or departments. (2) Inquiries about immigration status . Officers and employees of the city may not inquire about the immigration status of any victim, suspect, arrestee, 911 caller, or other member of the public with whom they have contact, except as required to provide a public benefit. (3) Role of city staff in law enforcement action. A person acting in their capacity as a city employee may not, except as required by federal or state law, assist or cooperate with, or allow time, money, facilities, property, equipment, personnel, or other resources to be used to assist, cooperate with, or facilitate an operation executed in whole or in part by a federal or out-of-state agency that seeks: (A) to arrest or otherwise impose a penalty, or civil or criminal liability upon a person or entity based on their engaging in an activity protected by the First Amendment of the U.S. Constitution, or Articles 2 or 19 of the Massachusetts Declaration of Rights, including assembly, petitioning, or speech; or, (B) to identify, locate, arrest, or otherwise impose a penalty upon a person for purposes of civil federal immigration enforcement. (4) Role of police in immigration enforcement . The Somerville Police Department may not initiate investigations or take law enforcement action on the sole basis of actual or perceived immigration status, including the initiation of a stop, an apprehension, or an arrest. The Somerville Police Department may not take part in or assist with federal immigration enforcement operations. (5) ICE detainers and administrative warrants . Consistent with Massachusetts law, an officer or employee of the Somerville Police Department may not arrest or detain an individual solely on the basis of an ICE detainer or ICE administrative warrant . This includes extending the length of detention by any amount of time once an individual is or would otherwise be released from local custody, or before being transferred to court or admitted to bail. (6) Federal requests for information . No officer or employee of the Somerville Police Department shall provide a federal officer with the following information relating to a person in the custody of the Somerville Police Department: information about an individual’s incarceration status, length of detention, home address, work address, personal information other than citizenship or immigration status, hearing information, or pending release, except information that is available through the Massachusetts Public Records Laws, G.L, c. 66, § 10 and G.L. c. 4, § 7 (twenty-sixth), in the course of enforcing federal civil immigration. (7) Encountering persons driving without a license . When taking action against a person who is found to be driving without a valid driver’s license, officers of the Somerville Police Department shall endeavor to, whenever possible and if there are no other violations causing the person to be arrested, issue a summons to court instead of taking the person into custody. In such circumstances, the law enforcement officer taking action shall endeavor to provide the driver a reasonable opportunity to arrange for a properly licensed operator to drive the vehicle before seeking to impound the vehicle. (8) Notice to individuals subject to ICE interventions . If the Somerville Police Department receives an immigration detainer or ICE administrative warrant for a person in its custody, the department shall provide the person with a copy of such detainer request or administrative warrant, and any other documentation it possesses pertaining to the person’s immigration case. (9) ICE access to facilities . Except in response to a judicial warrant or other court order, ICE agents shall not be allowed access to individuals in custody either in person or via telephone or videoconference. (10) U Visa Certification . In furtherance of the US Victims of Trafficking and Violence Prevention Act, the Somerville Police Department shall consider and sign a U Visa certification request if an individual (i.) is the victim of a qualifying crime, and (ii.) has been, is being, or will likely be helpful in the investigation/prosecution of that crime. (11) Raids and other immigration enforcement actions . An officer or employee of the Somerville Police Department may not participate in an operation led by a federal agency to detain persons for deportation purposes. An officer or employee of the Somerville Police Department shall enhance public safety and perform actions and services deemed necessary to protect the safety of all on scene. When dispatched to the scene of a federal immigration enforcement action, an officer or employee of the Somerville Police Department shall take reasonable steps to verify the identity of the federal agents conducting federal immigration enforcement. The officer or employee of the Somerville Police Department shall document the activity on scene and document any identification information provided by federal agents. (12) Deputizing of local officials . No officer or employee of the City of Somerville shall perform the functions of an immigration officer, whether pursuant to 8 U.S.C. section 1357(g) or any other law, regulation, or policy, whether formal or informal. (13) Prior to the award of a new agreement for goods or services, or renewal of any such agreement, the relevant city agency shall seek an opinion from the Law Department as to whether the agreement violates the provisions of this paragraph and, if it does, the city shall amend or terminate the agreement. A city agency, employee, or police officer may not take part in or seek to enter an agreement or contract with federal or out-of-state agencies, that directly facilitates information sharing or surveillance for activities that include sharing personal information, providing assistance with surveillance, investigations, or prosecution for a civil immigration enforcement operation if the agreement or contract is for the express purpose of permitting federal or out-of-state agencies: (A) to engage in conduct amounting to a violation of individual liberties and rights guaranteed under the U.S. Constitution or Massachusetts Constitution, including racial profiling, unlawful surveillance or investigation, excessive use of force, or unlawful detention; (B) to apprehend, arrest, or impose civil liability, including civil immigration detention, removal, or deportation proceedings, upon a person or entity for: (I) engaging in activities protected by the First Amendment of the U.S. Constitution or Articles 2 or 19 of the Massachusetts Declaration of Rights, including assembly, religious expression, existing outside, petitioning, and speech; (II) provision of food, medicine, clothing, shelter, transportation, health services, legal advice or representation by or under the direct supervision of an attorney, or other aid to benefit a person, if that provision would be lawful if it occurred entirely in the commonwealth; (III) offenses related to immigration status, including violations of 8 U.S.C. §§ 1253, 1301 et seq, 1304(e), 1306(a) or (b), 1325, or 1326, or 18 U.S.C. §§ 1028A or 1546; or, (IV) nonfederal misdemeanors or violations, including motor vehicle offenses or violations. (14) School records and enrollment . No employee of the Somerville Public Schools shall require a student or parent to provide information regarding their immigration or citizenship status to establish the student’s residency in the district for enrollment purposes. If such information becomes known to an employee of the Somerville Public Schools, such information shall not be kept or distributed, and shall have no bearing of the student’s ability to register for school or the school’s treatment of that student. Information collected regarding place of birth (if any) for the purpose of providing English Language Learners with appropriate services shall be used only for that purpose and not distributed further.
  2. (f) Complaints . Allegations of violations of this ordinance may be filed by any method provided for filing of complaints, including with the personnel department or, in the case of a complaint against an officer or employee of the Somerville Police Department, the Department’s Internal Affairs office, who shall investigate the complaint and take appropriate disciplinary action.
  3. (g) Enforcement. (1) This section shall be enforced by the mayor's office or the mayor's designee. (2) A violation of this section constitutes an injury. An injured person may institute proceedings against the city for injunctive relief, declaratory relief, or writ of mandamus in any court of competent jurisdiction to enforce this section. (3) Subject to the limitations and requirements set forth in M.G.L. c. 149, § 185, the "Massachusetts whistleblower statute', as it may be amended from time to time, a city employee, as defined in § 185, who reports an alleged violation of this section, shall be afforded protections against retaliation if applicable pursuant to § 185. (4) Nothing in this section shall be construed to limit or affect any individual's rights under state or federal laws.
  4. (h) Reporting . Beginning on the date of passage of this ordinance and every six months thereafter, the Somerville Chief of Police shall submit a report, with the information detailed below, to the mayor and the city clerk and such report will be placed on the agenda of the next-occurring meeting of the city council , with notification provided to the local immigration nonprofits in the city. (1) The total number ICE holds, administrative warrants, and notification requests lodged with Somerville Law Enforcement officials, organized by the reason(s) given for the request; (2) The total number of individuals detained on an ICE hold or administrative warrants, if any; (3) The total number of individuals transferred to ICE custody, if any; and (4) The total reimbursements received from the federal government pursuant to any granted hold, administrative warrant, or notification request, organized by case.
  5. (i) Compliance with federal law . Nothing in this ordinance shall be construed to violate any valid federal law, or to prohibit any city agency or department from providing another law enforcement agency citizenship or immigration status, consistent with 8 U.S.C. section 1373, or when compelled by judicial order.
  6. (j) Other . The provisions of this ordinance shall be effective immediately upon passage. All policies, practices, procedures, directives, and training necessary to effectively and faithfully implement this ordinance shall be promptly developed and promulgated by the administration, the Somerville Police Department, and all other relevant entities.
Sec. 2-7. Reserved.
Sec. 2-8. Voter registration accessibility.
  1. (a) Purpose . The ability for all citizens to participate in elections is a fundamental civil right and a central principle of our democracy. The purpose of this ordinance is to increase access to voter registration by making voter registration forms publicly available at additional city departments and buildings within the City of Somerville.
  2. (b) Availability of voter registration forms. (1) The Somerville Public Library shall make voter registration forms available in conspicuous locations at all branch libraries. (2) The traffic and parking department shall make voter registration forms available in a conspicuous location in the public lobby of the department. (3) Somerville City Hall shall make voter registration forms available in a conspicuous location in the public lobby of the building.
Sec. 2-9. Prohibition of traffic quotas and grants mandating quotas.
  1. (a) The City of Somerville and its departments are prohibited from enforcement of any traffic stop and traffic citation quotas and applying for any grants which mandate such quotas.
Sec. 2-10. Securing the rights of individuals seeking gender affirming care and reproductive healthcare.
  1. (a) Purpose . The purpose of this ordinance is to reaffirm our city as a welcoming community, to declare again that all are welcome here, and to continue to increase public confidence in Somerville’s government by clearly stating guiding values and standards associated with our city’s involvement in any civil or criminal action originating in another jurisdiction related to the provision of gender affirming and reproductive healthcare .
  2. (b) Preamble . In recent years, a rising number of states are threatening the lives of transgender and non-binary people by criminalizing and restricting access to gender affirming care, even going so far as to attempt to criminalize traveling out of state to seek such care. Similarly, access to reproductive healthcare has been materially restricted by many states in recent years and, if the Supreme Court issues a decision in Dobbs v Jackson Women’s Health Organization that significantly weakens or overturns the protections established in Roe v Wade , states may decide to further criminalize reproductive healthcare, as several have indicated is their intent. The City of Somerville should not participate in the enforcement of another state’s civil or criminal law when that law seeks to deny an individual’s right to bodily autonomy. Further, it is contrary to the City of Somerville’s public policy to criminalize a person’s efforts to live as their full, authentic self, and thus the city’s resources should not be expended toward that end.
  3. (c) Definitions .

Gender-affirming healthcare means all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature relating to the treatment of gender dysphoria.

Gender expression means the external representation of gender as expressed by an individual including, but not limited to, through clothing, haircut, behavior, voice, or body characteristics.

Gender identity means an individual’s deep internal sense of being female, male, a combination of both, or neither.

Reproductive healthcare means all supplies, care, and services of a medical, behavioral health, mental health, surgical, psychiatric, therapeutic, diagnostic, preventative, rehabilitative, or supportive nature relating to pregnancy, contraception, assisted reproduction, miscarriage management, or the termination of a pregnancy.

Transgender refers to an individual whose gender identity is different from their assigned sex at birth, and encompasses both binary and non-binary identities.

  1. (d) Equal treatment . It is the established policy of the City of Somerville, as expressed in Somerville Code of Ordinances section 2-237 and elsewhere, that the City of Somerville shall treat all individuals equally, enforce laws, and serve the public regardless of an individual’s gender identity . An individual’s gender identity or expression shall have no bearing on an individual’s treatment by employees or officers of city agencies or departments.
  2. (e) Role of the police department . The police department of the City of Somerville shall not: (1) Initiate investigations or take law enforcement action on the basis of an individual seeking or providing gender-affirming healthcare or reproductive healthcare , or on the basis of an individual’s gender identity; or (2) Provide information or assistance to a federal law enforcement agency or any other state’s law enforcement agency or any private citizen or quasi-law enforcement agent in relation to an investigation or inquiry into the provision of gender-affirming healthcare or reproductive healthcare, if such services would be lawful as provided if they occurred entirely in the commonwealth .
  3. (f) Requests for information . No officer or employee of the City of Somerville, including the police department, shall comply with any request for information pertaining to any civil or criminal action regarding gender-affirming healthcare or reproductive healthcare if such services would be lawful as provided if they occurred entirely in the commonwealth; provided, that they are not required to do so by Massachusetts or federal law, or as required by the Massachusetts Public Records law pursuant to Chapter 66 of the General Laws and its regulations.
  4. (g) Complaints . Allegations of violations of this ordinance may be filed by any method provided for filing of complaints, including without limitation with the personnel department or, in the case of a complaint against an officer or employee of the police department, the department’s professional standards unit, who shall investigate the complaint and take appropriate disciplinary action.
  5. (h) Reporting . Beginning on the date of passage of this ordinance and every six months thereafter, the chief of the police department shall submit to the mayor and the city clerk a report on the number and type of requests received, if any, from other jurisdictions for assistance or information related to civil or criminal action on the basis of an individual or entity providing, allowing, or seeking gender affirming care or reproductive healthcare. Such report will be placed on the agenda of the next-occurring meeting of the city council .
  6. (i) Enforcement . (1) A violation of this ordinance constitutes an injury and a rebuttable presumption of harm to the individual (a) who sought or provided gender affirming care or reproductive healthcare and/or (b) who was targeted on the basis of their gender identity in a manner prohibited by this ordinance. (2) Any individual harmed by an alleged violation of this ordinance may bring a civil action in a court of competent jurisdiction for injunctive relief, declaratory relief, or writ of mandamus to enforce this ordinance. A plaintiff who is the prevailing party in such proceedings shall be entitled to costs and attorney’s fee to the extent permitted by law. Nothing in this ordinance shall be construed to limit or affect any individual’s rights under state or federal laws. (3) An action instituted under this paragraph may be brought against the City of Somerville, the respective department of the City of Somerville, and, if necessary to effectuate compliance with this ordinance, any other governmental agency with possession, custody, or control of information subject to this ordinance.
  7. (j) Effective date . (1) The provisions of this ordinance shall be effective immediately upon passage. (2) All policies, practices, procedures, directives, and training necessary to effectively and faithfully implement this ordinance shall be promptly (but in no event later than 90 days from the effective date) developed and promulgated by the mayor, the police department, and all other relevant entities. (3) The policies, practices, procedures, directives and training materials shall be forwarded to the city council upon their promulgation.
  8. (k) Severability . The provisions in this ordinance are severable. If any part or provision of this ordinance, or the application of this ordinance to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall continue to have full force and effect.
Secs. 2-11-2-20. Reserved.
ARTICLE II. MAYOR*

Cross reference(s) – Mayors of the city, App. A.

Sec. 2-21. Executive powers.

The executive powers of the city shall be vested solely in the mayor , and may be exercised by him or her either personally or through the several officers and boards in their respective departments under his or her general supervision and control.

Charter reference(s) – Executive powers vested in mayor, § 20.

Sec. 2-22. Assistants and expenses.

The mayor may in the discharge of the duties of his or her office, incur expenses for subordinates and other employees. He or she may appoint one or more secretaries or assistant secretaries to aid him or her in his or her official duties and may define and assign the various duties of said secretaries. Any of said secretaries, or assistant secretaries may be removed at any time, at the pleasure of the mayor; and he or she may fix the salaries of said secretaries or assistant secretaries, subject to the approval of the city council.

Sec. 2-23. Capital improvements budget.
  1. (a) The mayor shall annually submit to the city council, together with the budget submitted by him or her as required by Chapter 44, Section 32 of the General Laws a suggested five-year program of capital improvements to be undertaken by the city , the first year of said period being the current year of the submission thereof, together with the estimated costs of carrying out such program. The estimated cost of the projects to be undertaken or continued during the first year of said period, and to be paid out of appropriations, shall be included in the budget for the then current year.
  2. (b) The proposed capital outlay program shall specify the proposed projects in an expenditure schedule and shall be accompanied by a financial program which shall clearly outline any bond issues relating thereto, as well as the amount of money proposed to be made available for the program from the annual tax levy.
  3. (c) The planning board, redevelopment authority and the several department heads of the city government shall cooperate with and assist the mayor in the preparation, development and implementation of said capital outlay program.
  4. (d) As used in this section the terms "capital improvement," "capital outlay" and "project" shall mean: (1) Any physical betterment or improvement and any preliminary studies and surveys related thereto; (2) The acquisition of property of a permanent nature; (3) The purchase of furnishings or equipment for any betterment or improvement when first erected or acquired; and (4) The purchase of equipment for the maintenance and operation of any department of the city government.

Cross reference(s) – Bonds, § 2-351 et seq.

Sec. 2-24. Appointment of department heads and members of boards.
  1. (a) The mayor shall appoint heads of departments and members of municipal boards and fill vacancies therein in the manner provided by law.
  2. (b) All appointments by the mayor or by the mayor and city council shall terminate on the first Monday in January or at the time their respective successors are appointed and qualified unless prescribed otherwise by statute or ordinance.
  3. (c) The mayor shall, in the municipal year in which the term of the incumbent expires, appoint, with the approval of the city council, the following officers, to serve for the terms hereinafter specified: (1) The members of the recreation and youth commission, five each year to serve for two years; any vacancy shall be filled by appointment for the balance of the unexpired term; (2) The members of the licensing commission; three shall be residents of this city ; one member of said commission shall be appointed from each of two leading political parties and the third member shall also be appointed from one of said parties. There shall be appointed yearly one member to serve for the period of three years; (3) The five members of the planning board; at least one to be appointed each year on June 15 for a three-year term; and two associate members, who shall be appointed to a three-year term. Their terms shall be staggered so that the term of no more than three members elapses each year. This ordinance shall not reduce the five-year term of any current member serving as of the effective date of this ordinance, but shall apply to the reappointment of any such member or appointment of a successor; (4) The five members of the board of appeals; one to be appointed each year for a term of five years; (5) Reserved; (6) Four members of the housing authority on June 8 as the terms of the incumbents expire according to state statute; (7) Four members of the redevelopment authority on September 13 as the terms of the incumbents expire according to state statute; (8) Officers to act as weighers, measurers, surveyors, or inspectors of certain articles, each for a term of one year, who shall exercise the powers and perform the duties provided by the statutes and ordinances relating to the weighing, measuring, surveying or inspecting of such articles, shall be sworn to a faithful performance of their duties, shall be paid the fees established by law, and shall receive no compensation from the city.
  4. (d) The city council shall, in the municipal year in which the term of the incumbent expires, appoint, the following officers, to serve for the terms hereinafter specified: (1) A clerk of committees, annually; and (2) One or more assistants to the clerk of committees, annually.

Charter reference(s) – Mayor to appoint certain officers and boards, § 21; appointment of board of public welfare, § 37; appointment of board of health, § 38 ; appointment of board of trustees of the public library, § 39 ; appointment of commissioner of public works, § 40B; appointment of city engineer and superintendents of divisions of department of public works, § 40D.

Secs. 2-25-2-40. Reserved.
ARTICLE III. CITY COUNCIL*

Cross reference(s) – Rules of the city council, App. B.

Sec. 2-41. Councilors salary adjustments.

No increase or reduction in the salary of the members of the city council shall take effect during the year in which such increase or reduction is voted.

State law reference(s) – Increases and decreases in municipal salaries, M.G.L.A . c. 39, § 6A.

Sec. 2-42. Councilors salary further adjustments.

No change in the salaries of the members of the city council shall be made between the election of a new city council and the qualification of the new city council.

Sec. 2-43. Councilors salaries subject to state law.

The provisions of sections 2-41 and 2-42 shall be subject to the provisions of Sections 42, 43, and 44 of Chapter 43 of the General Laws .

Sec. 2-44. Public hearing notice given by city clerk.

Whenever any petition is filed with the city clerk on which a hearing before the city council is required, he or she shall cause notice to be given of such hearing to be held at the next convenient regular meeting of the council.

Sec. 2-45. Public hearing notice paid by petitioner.

Before a notice of a hearing before the city council is given, the petitioner shall deposit with the city clerk a sum of money sufficient to pay the expense of such notice.

Sec. 2-46. Public hearing publication requirements.

In such case where it is provided by law or by ordinance that notice of a hearing before the city council shall be given by publication, such notice shall be published in a weekly newspaper published in the city , if any, or in a daily newspaper published in the city, if any.

Sec. 2-47. Budget review by councilors and school committee in joint session.
  1. (a) The president of the city council shall call a joint meeting of the city council and school committee prior to the commencement of the budget process to review the financial condition of the city , revenue and expenditure forecasts, and other relevant information prepared by the finance director in order to develop a coordinated budget.
  2. (b) The superintendent of schools and the finance director shall be present at any such meeting.
Sec. 2-48. Mid-year fiscal reports.
  1. (a) At the second regularly scheduled meeting of the city council for the month of February, the director of finance for the city shall provide the city council with a mid-year report of the city's performance under the budget for that fiscal year. The presentation shall include a summary of expenditures as of mid-year for the entire operating budget for the city including the personal services line item and ordinary maintenance line item for each department that appears in the budget for such fiscal year. The report shall also include a mid-year revenue summary consistent with the categories of revenue appearing in the budget document issued for the fiscal year.
  2. (b) The director of finance shall also provide the city council the following items which may impact the upcoming fiscal year’s proposed budget: (1) Anticipated levy limit for the following fiscal year including new growth estimates; (2) Review of first two quarters of revenue from all available sources and comparison to historical trends at that point in the fiscal year; (3) Amount of certified free cash remaining as of mid-year; (4) Update on existing debt service schedule for the city and anticipated projects to be borrowed before the end of the fiscal year; (5) Review of current city staffing including key departmental vacancies and review of current hiring and retention trends as reported by the Human Resources Department; and, (6) Any additional financial concerns or issues that the director of finance believes may impact the operating budget for the remainder of the fiscal year or subsequent fiscal year.
  3. (c) After discussing the information provided to the city council by the director of finance in response to the items outlined in section (b) above, the city council by majority vote may submit to the director of finance the board's recommendations as to the increase in the operating budget for the city from the current fiscal year to the next fiscal year, the increase in property taxes to fund the operating budget from the current fiscal year to the next fiscal year, and new positions proposed for the next fiscal year.
Secs. 2-49-2-60. Reserved.
ARTICLE IV. OFFICERS*

Cross reference(s) – City physician qualifications, § 6-36 et seq.; city engineer duties, § 11-141 .

State law reference(s) – Officers and employees of cities, M.G.L.A . c. 41.

DIVISION 1. GENERALLY
Sec. 2-61. Bonds of certain officers held by mayor.

The bonds of the city clerk, the assistant city clerk, and the city treasurer and collector of taxes shall be deposited with the mayor for the time being, for safekeeping, by whom the same shall be transferred to his or her successor in office.

State law reference(s) – Bond of city clerk, M.G.L.A . c. 41, § 13A; bond of treasurer, M.G.L.A. c. 41, § 35.

Sec. 2-62. Salaries of officers.

The city council shall annually appropriate a definite sum of money for the salary of each of the officers of the city , which sum shall be in full compensation for all services required of him or her as such officer.

Cross reference(s) – Salary schedule of ranges for non-union city positions, § 2-321 et seq.

Sec. 2-63. Fees paid to officers.

All fees for services as witnesses or otherwise, in criminal cases and in cases in which the city is a party, which may be allowed to or received by any member of the police department or other officer of the city who receives a salary for his or her official services, shall be paid over to the city; provided, however, that police officers on duty at night and police officers doing extra duty shall be allowed to retain such witness fees as may be paid them for attendance in criminal cases at the superior court.

Cross reference(s) – Bonds, § 2-351 et seq.

Sec. 2-64. Removal of officers by city council.

The method of procedure in the removal of officers who are removable by the city council shall be as described in this section. The petition, order or other paper asking for such removal, or containing charges against any officer, shall be referred to a special committee of five councilors; the committee shall give a hearing forthwith to all parties interested, and shall make its report to the city council.

Charter reference(s) – Suspension and removal of officers, § 23.

Secs. 2-65–2-80. Reserved.
DIVISION 2. CITY AUDITOR*

Cross reference(s) – Bonds, § 2-351 et seq.

State law reference(s) – Auditors generally, M.G.L.A . c. 41, § 48 et seq.

Sec. 2-81. City auditor duties.

The city auditor shall keep suitable books wherein he or she shall record the date and amount of every account and claim against the city as finally allowed, designating the fund or appropriation from which the same shall be paid. He or she shall credit each city account with its appropriation for the financial year, and charge against the same the expenditures, as they shall from time to time be certified by him or her. Whenever an appropriation for any account is exhausted, he or she shall immediately give notice thereof to the mayor and city council, and he or she shall not certify any claim or account chargeable against any appropriation, until the city council shall provide the means of paying the same.

Sec. 2-82. Payrolls and warrants.
  1. (a) Except as otherwise provided by law or ordinance, before money is paid out of the city treasury, a payroll therefor in writing , with detailed accounts specifying the amounts to be paid, and the persons to whom the payment is due, together with a proper classification of said expenditure, shall be approved and delivered to the auditor by the board or officer incurring the expenditure. In case of any error or informality, the auditor shall make note of the fact, and return the account with the objections, to the officer or board presenting the same.
  2. (b) When the auditor has any doubt concerning the propriety or correctness of any payroll or account, he or she may refuse to certify, in whole or in part, any payroll or account on the ground that it is unlawful, unreasonable, or fraudulent, or on other grounds, and in any case he or she shall state in writing, to the mayor , his or her reasons for the refusal. The auditor may require any person presenting for settlement an account against the city to answer as to any facts relative to the justness of such account.
  3. (c) The auditor may require every officer of the city who purchases, or supervises the purchase of materials or supplies to certify under oath that the same are necessary and that such purchase is made without collusion and at the fair market price. He or she may require every foreman, superintendent or other officer who approves a payroll to certify under oath the accuracy of the payroll. When the payrolls and accounts due from the city for supplies furnished and services rendered shall have been examined and recorded by the auditor, he or she shall, if found correct and approved as hereinbefore provided, draw a warrant upon the city treasurer for the payment of the same; but such warrant shall be valid only when signed by the mayor.
Sec. 2-83. Bonds, notes and annual reports.

The auditor shall countersign all the bonds, notes, and certificates of indebtedness issued for loans to the city , authorized by the city council. He or she shall report to the city council, during the month of January in each year, the expenditures and receipts during the preceding financial year, giving in detail the appropriations and expenditures, and the receipts from each source of income. He or she shall include in said report a statement of the funded debt and temporary loans, and the rates of interest thereon, and shall exhibit all the liabilities and assets, as shown on the books in his or her office at the close of the financial year. He or she shall also make a monthly report to the mayor and to the city council and to every board and officer having charge of the expenditure of money, of the expenditures of each department for the past month, and of the amount of each appropriation remaining unexpended.

Sec. 2-84. Report of funded debt payments required to be raised by taxation.

The auditor annually in January and February shall certify to the mayor and the city council the amounts needed for the payment of funded debt required to be raised by taxation during the current year and to the board of assessors of taxes the amounts to be raised by taxation.

Cross reference(s) – Payment of bonds, § 2-352 .

Sec. 2-85. Maintenance of accounts.
  1. (a) All accounts rendered to or kept in the departments of the city shall be subject to the inspection and revision of the auditor, and shall be rendered and kept in such form as he or she shall prescribe. As far as in the judgment of the auditor is practicable all accounts of the city shall be kept in accordance with the classifications of the division of accounts of the commonwealth .
  2. (b) The word "account" as used in this section shall mean any claim against the city, except bonds, coupons, notes and scrip.
Sec. 2-86. Late charges for municipal collections.
  1. (a) Except as provided in G.L. c. 59, § 57, as from time to time amended, for the payment of real estate taxes, personal property taxes, betterment assessments or apportionment thereof, and water rate or annual sewer use charges added to such taxes, all municipal charges and bills shall be due and payable within 30 days of the date of mailing by the city treasurer and any other city official empowered to do so. If such a bill or charge remains unpaid after said due date, interest shall accrue at a rate equal to the rate of interest on tax bills under the provisions of G.L. c. 59, § 57, as from time to time amended. Notwithstanding the foregoing, persons or entities that have incurred such late charges may pursue any appellate remedies that they may otherwise have lawfully available to them.
  2. (b) If said bill or charge shall remain unpaid, the city shall calculate the bill or charge, along with the interest provided for in section (a) imposed thereon, into the total amount due for such bill or charge, when utilizing the procedures provided for by chapter 252 of the Acts of 1996.
Secs. 2-87-2-100. Reserved.
DIVISION 3. CITY CLERK*

State law reference(s) – City clerks generally, M.G.L.A . c. 41, § 12 et seq.; appointment and term of city clerk, M.G.L.A. c. 43, § 18.

Sec. 2-101. City clerk duties for city council.

The city clerk shall be the clerk of the city council.

Sec. 2-102. General meetings.

The city clerk shall attend all general meetings of the citizens which may be called by the city council, shall open every meeting by reading the notice thereof, shall preside until a moderator is chosen, and shall keep in a separate book a record of its proceedings.

Sec. 2-103. Fees and monies collected.

The city clerk shall pay over to the city treasurer, monthly, all moneys and fees received by him or her, unless otherwise provided by law, accompanied by a statement of the purpose for which they were received, taking the treasurer's receipt therefor.

Cross reference(s) – Bonds, § 2-351 et seq.

Sec. 2-104. City clerk bond.

The city clerk shall, before entering upon the duties of his or her office, give a bond or bonds with a surety company authorized to transact business in the commonwealth as surety, in a form approved by the commissioner of corporations and taxation and in such sum, not less than the amount established by said commissioner, as shall be fixed by the mayor and councilors, conditioned faithfully to account for all fees received by him or her for licenses and duplicates thereof for which he or she is required by law to account, and for the payment over in accordance with law of all such fees, less such sums, if any, as he or she is allowed by law to retain therefrom. Such bonds shall be approved and accepted by the city council.

State law reference(s) – Bond of city clerk, M.G.L.A . c. 41, § 13A.

Sec. 2-105. Assistant city clerk.

The city clerk shall, with the approval of the city council, appoint, and he or she may with such approval remove at pleasure, an assistant city clerk, who shall under his or her direction or in his or her absence, have the powers and perform the duties of the city clerk. The assistant city clerk shall give a bond, with sureties satisfactory to the city council.

State law reference(s) – Assistant city clerk, M.G.L.A . c. 41, § 18.

Sec. 2-106. Notice of certain G. L. c. 268A, § 20 disclosure forms.

The city clerk shall promptly forward all members of the city council copies of any disclosures filed with the city clerk pursuant to subclause (c) and (d) of G. L. c. 268A, commonly known as G. L. c. 268A, § 20(c) and G. L. c. 268A, § 20(d).

Secs. 2-107-2-120. Reserved.
DIVISION 4. CITY SOLICITOR*

Cross reference(s) – Legal assistance for director of personnel, § 2-331 .

Sec. 2-121. City solicitor qualifications and duties.

The city solicitor shall be an attorney and a counsellor-at-law of the courts of the commonwealth and shall not hold any other office created by the city council during the period for which he or she is elected. He or she alone shall act as the legal adviser and solicitor of the city, except in special cases in which the city council may authorize or require the employment of other counsel.

Sec. 2-122. City solicitor general duties.

The city solicitor shall examine all titles to property purchased by the city; draft all bonds, deeds, contracts and other legal instruments of whatsoever nature, which may be required by any ordinance or order of the city council, or by any committee thereof, or by any board or officer of the city to which the city or agents may be a party, and which by law, usage or agreement the city is to be at the expense of drawing; examine and report upon all orders which shall be submitted to him or her for his or her opinion; prosecute all actions in behalf of the city or any officer thereof, and defend all actions brought against the city in any court or other tribunal; appear as counsel in any other action which may involve the rights and interests of the city and defend any of the officers of the city in actions brought against them for the performance of any official duty when any right, privilege, ordinance act or direction of the city may be brought in question; appear as counsel before committees of the legislature whenever the interest of the city may be affected; furnish the mayor , the city council or any member or committee thereof, and any board or officer of the city who may need the same in the discharge of official duty, his or her legal opinion upon any subject touching the duties of their respective offices; but whenever the opinion is required to be in writing , the question submitted for his or her consideration shall also be stated in writing; and in all matters do every professional act incident to the office which may be required of him or her in behalf of the city.

The city solicitor may, with the approval of the city treasurer, begin and prosecute legal proceedings for the collection of claims due the city. He or she may, with the approval of the mayor , begin and prosecute such other legal proceedings as in his or her judgment the interests of the city may require, and shall make report thereof without delay to the city council. The city solicitor shall also notify the city council without delay of any suits filed against the city and of any claims against the city filed at the Massachusetts Commission Against Discrimination. Such notice shall include the name(s) of the plaintiff(s), a description of the nature of the claims brought by the plaintiff(s), and the amount of damages and any other relief sought by the plaintiff(s).

Sec. 2-124. Settlement of claims against the city.

The head of a department may, with the written approval of the mayor and the city solicitor, make settlements of claims for damages against the city. The expense so incurred shall not exceed $5,000.00 on any one claim and may be paid by the city treasurer in anticipation of the monthly payroll.

Cross reference(s) – Bonds, § 2-351 et seq.

Sec. 2-125. Settlement of claims for the city.

The mayor may with the approval of the head of a department and the city solicitor make settlement of claims in favor of the city and sign, seal and deliver in the name and behalf of the city releases for not more than $10,000.00 on any one claim.

Cross reference(s) – Similar provisions, § 2-357 .

No money shall be paid from the treasury for any legal advice or services, except as expressly authorized by this Code of Ordinances.

Sec. 2-127. Inspector of claims.

The mayor may appoint a member of the police department to be an inspector of claims, whose duty shall be to assist the city solicitor in securing evidence, summoning witnesses and otherwise, in the trial of cases in which the city is interested.

Cross reference(s) – Police department, Ch. 10.

Secs. 2-128-2-140. Reserved.
DIVISION 5. CLERK OF COMMITTEES*
Sec. 2-141. Clerk of committees duties.

The clerk of committees and any assistants to the clerk of committees shall hold his or her office for one year and until another shall be appointed and qualified in his or her stead, and may be removed and his or her place for the unexpired term filled, at the pleasure of the city council.

He or she shall act as a clerk of committees or assistants to the clerk of committees, as applicable, of the city council, shall make a proper record in books kept for the purpose of all their proceedings and transactions, keep a calendar of all meetings of said committees, and notify the members thereof. He or she shall perform such other duties and services in making estimates and computations, drawing orders and reports, and rendering assistance, as said committees shall require and shall perform such other duties as may from time to time be required by order of the city council.

Secs. 2-142-2-150. Reserved.
DIVISION 6. TREASURER AND COLLECTOR OF TAXES*

Cross reference(s) – Audits of books and accounts, § 2-356 .

State law reference(s) – Treasurers and collectors of taxes, M.G.L.A . c. 41, § 35 et seq.

Sec. 2-151. City treasurer duties.

The city treasurer, except as in these ordinances or by law otherwise provided, shall collect and receive all water rates, debts and other demands due the city, and his or her receipt shall be deemed the only valid and sufficient discharge of any such debt or demand; provided that the right of the city clerk to receive money in the performance of his or her duties shall not be hereby affected. The city treasurer, whenever an account is delivered to him or her for collection, as hereinbefore provided, shall forthwith demand payment to the same, and if any such account remains unpaid after three months , he or she may proceed to collect the same by legal process; or he or she may do so at any time within three months, if in his or her judgment and in that of the city solicitor, the interests of the city so require.

Sec. 2-152. Bonds held by city treasurer.

Except for the city officers mentioned in section 2-61 , all the bonds of other city officers required by the city council, and all deeds, agreements, and other legal instruments, shall be kept in the custody of the city treasurer.

Sec. 2-153. Records of receipts and payments.

The city treasurer shall keep an accurate account of all receipts and payments on behalf of the city and other money transactions in his or her office. The financial year shall end on the thirty-first day of December.

Sec. 2-154. City treasurer bond.
  1. (a) The city treasurer shall annually give a bond in such form and for such sum as may be required by law with surety satisfactory to the city council, the form to be approved by the city solicitor. He or she shall not enter upon the duties of said office or be entitled to hold said office until such bond has been accepted by said council and if his or her bond has not been so accepted within 30 days after his or her election such election shall be null and void.
  2. (b) In case of the death or insolvency of any of the sureties on any bond so given, or if, from any other cause, said bond shall, in the opinion of the city council, become insufficient for the purposes for which it was given, the city treasurer and collector of taxes shall immediately give a new bond, with sufficient surety, as hereinbefore provided; and if such new bond is not given and accepted within 20 days after notice to him or her, it shall be sufficient cause for removal from office.

State law reference(s) – Bond of treasurer, M.G.L.A . c. 41, § 35.

Sec. 2-155. Security of funds and records and additional duties.

The city treasurer shall cause all books, papers, vouchers and documents under his or her care, together with all money not deposited in national banks or in savings bank or trust companies organized under the laws of the state, when not in use, to be kept in the safe and vault located in his or her office. He or she shall render such other services and furnish such other information respecting the accounts, finances and payments of the city, as either the city council or any committee thereof may from time to time require.

Sec. 2-156. Bonds and bond reports.

After any issue of bonds, the city treasurer shall report to the city council at the first meeting thereof a transcript of his or her register of the same, setting forth the number, amount, time of maturity, number of coupons, amount of each, rate of interest, and purpose of issue of each bond so registered. Registered bonds of the city may be issued by the city treasurer in the manner provided by law in exchange for any bonds of the city now or hereafter outstanding.

Sec. 2-157. Collector of taxes report of real estate sold.

The collector of taxes shall make each year a complete and systematic list of all real estate which he or she has sold or caused to be sold during the year for nonpayment of taxes and assessments, and said list shall be kept in his or her office for public reference.

Sec. 2-158. Abatements for environmental cleanups (brownfields).

The tax collector may enter into an agreement between the city and any eligible person (as defined in M.G.L.A. c. 21E, § 2) regarding the abatement of outstanding interest, penalties, and payment of real estate tax obligations on said sites or portions of sites. However, said sites or portions of sites must be zoned for commercial or industrial use.

Such agreement, for the purpose of continuing environmental cleanup and redevelopment, shall include, the amount outstanding, the percent of interest to accrue if determined applicable by the parties, the description of quantifiable monthly payments, the inception date of such payments, the date of the final payment, late penalties, and any other contractual obligations arranged between the parties.

A Brownfields Abatement Agreement [“agreement”] shall be negotiated by the tax collector or his/her designee. The agreement must be approved by the city’s chief financial officer and the city solicitor as to legality.

Copies of each such agreement shall be signed by the tax collector and by the owner of the property in question, notarized, attested to by the city clerk, and provided to the department of environmental protection, the Federal Environmental Protection Agency, the commission, the city council and the owners of the property in question.

Secs. 2-159-2-170. Reserved.
DIVISION 7. SEALER OF WEIGHTS AND MEASURES*
Sec. 2-171. Appointment of chief sealer and deputies.

The mayor may appoint a chief sealer and as many deputies as needed to administer the requirements of Chapter 98 of the General Laws .

Sec. 2-172. Chief sealer of weights and measures duties.

The chief sealer shall have direction of the deputy sealers, shall keep records showing the work done and the fees earned in the weights and measures department, and shall pay over to the city treasurer all fees received by him or her or the deputy sealers, who shall perform the work respectively assigned to them by the sealer and shall pay over to him or her all fees received by them. He or she shall make an annual report of all activities to the mayor .

Sec. 2-173. Appointment of weighers.

The mayor shall annually appoint, subject to confirmation by the city council, a sworn weigher or weighers to weigh hay and other articles according to law. They shall be removable at the pleasure of the mayor and councilors.

Sec. 2-174. Weighers duties.

The weigher shall deliver to the driver or owner of every load weighed a certificate under his or her hand, specifying the name of the owner or driver of the load, his or her place of residence, the name of the article weighed, the weight and tare of the load, the amount of fees received and the date when the certificate is given. He or she shall keep a true account of all articles weighed by him or her, and record the same in a book kept for the purpose and furnished by the city clerk, which shall at all times be open for public inspection, and when filled be delivered to the city clerk. The record shall contain the same particulars that are required to be stated in the certificate described in this section.

Secs. 2-175-2-185. Reserved.
ARTICLE V. BOARDS, COMMISSIONS AND AGENCIES*

Cross reference(s) – Civil defense department, § 4-1 ; emergency management advisory council, § 4-7 ; board of health membership, § 6-16 et seq.; biosafety committee, § 6-60 ; biosafety permits, § 6-62 ; AIDS commission, § 6-81 et seq.; historic preservation commission, § 7-19 ; fair housing commission, §§ 7-46 - 7-48 ; condominium/cooperative review board, § 7-67 ; licenses for nonprofit organizations, § 8-91 ; board of appeals, Pt. I, Div. 2, Art. I ; licensing commission, Pt. I, Div. 2, Art. III ; board of election commissioners, Pt. I, Div. 2, Art. IV ; listing board, Pt. I, Div. 2, Art. V.; traffic commission, Pt. I., Div. 2, Art. VII .

DIVISION 1. GENERALLY
Sec. 2-186. – Review of multiple-member bodies.
  1. (a) No later than the second regular City Council meeting in April 2026, and every ten years subsequently, the mayor and the City Council shall convene a committee for the review of multiple-member bodies, pursuant to § 8-6 of the City Charter.
  2. (b) The review committee shall consist of: (1) the mayor or their designee; (2) the president of the City Council or their designee; (3) the city clerk; (4) a resident of the city appointed by the mayor; and, (5) a resident of the city appointed by the City Council.
  3. (c) The committee shall produce a report and submit it to the City Council no later than the first meeting in December in the calendar year in which the committee was convened. The report shall include: (1) an assessment of the functions and relevancies of the city’s current multiple-member bodies; (2) a review of activities of multiple member bodies from recent years; (3) the ability of the city to fill appointments to the body; and, (4) recommendations for combining, terminating, or establishing new multiple-member bodies.
  4. (d) The City Council shall vote on the included recommendations, in the form of a resolution, no later than ninety days after submission of the committee’s report.
Secs. 2-186-2-195. Reserved.
DIVISION 2. BOARD OF ASSESSORS*

State law reference(s) – Assessors, M.G.L.A . c. 41, § 24 et seq.

Secs. 2-196-2-205. Reserved.
DIVISION 3. BOARD OF ELECTION COMMISSIONERS *
Secs. 2-206-2-215. Reserved.
DIVISION 4. LICENSING COMMISSION*

*Cross reference(s) – Licensing commission, Pt. I, Div. 2, Art. IV ; licenses, permits and miscellaneous business regulations, Ch. 8.

Sec. 2-216. Licensing commission.

A licensing commission is hereby established under the provisions of Chapter 191 of the Acts of 1923.

Sec. 2-217. Reserved.
Sec. 2-218. Innholder and common victualler licenses.
  1. (a) In addition to the powers mentioned in said Chapter 191 of the Acts of 1923, the licensing commission shall have in charge, the issuing of licenses for an innholder or common victualler subject to the provisions of ordinances heretofore or hereafter passed to said licenses.
  2. (b) Upon receipt of an application for an innholders' or common victuallers' license or an application for transfer of ownership or change of location of such license, the licensing commission shall, at least three weeks prior to any decision respecting said applications, forward copies of said applications to the city council, the local residences of each member of the council, and the chief of police. Copies of agendas for each licensing commission meeting, where said applications are to be considered, shall be forwarded to the above persons at least one week prior to said meeting.
  3. (c) Upon receipt of an application for an innholders' or common victuallers' license, or an application for transfer of ownership or change of location of such license, the commission shall close the agenda on the Thursday next preceding the Monday at which the licensing commission is to take action on said license, transfer of ownership or change of location and forward copies of agenda to the local residence of each member of the city council and the chief of police no later than Tuesday preceding the Monday at which the licensing commission is to take action.
Sec. 2-219. Liquor and entertainment licenses.
  1. (a) In no case shall a liquor or entertainment license be granted, or the hours of operation of either license be increased, until after a notice of the application for such license or increase in hours for such license shall have been published in at least one local newspaper and a public hearing shall have been held not less than ten days after the notice's appearance, at which all interested persons shall have been allowed an opportunity to give testimony. A roll-back of hours may be ordered by the licensing commission pursuant to Chapter 138, Section 2 of the General Laws .
  2. (b) The licensing commission shall cause the city council to be officially notified of the date, time and place where the public hearing aforesaid shall be held.
  3. (c) Upon receipt of an application to grant a liquor or entertainment license or an application to transfer such license from one location to another or an application to transfer a license from an individual, corporation or partnership to another qualified to receive such a license, the licensing commission, at least three weeks prior to any decision respecting said licenses or transfers shall forward copies of applications to the city council, to the local residences of each board member, and to the chief of police. Copies of the agendas for each licensing commission meeting, where applications, transfers of ownership or location, or changes in hours are to be considered, shall be forwarded to the above persons at least one week prior to said meetings.

Cross reference(s) – Licenses, permits and miscellaneous business regulations, Ch. 8.

Sec. 2-220. Liquor and entertainment licenses.
  1. (a) The licensing commission shall not authorize or grant any entertainment or liquor license until it shall have been determined that the premises for which such license is requested conforms in all respects to the state building code and the building zone ordinance of the city .
  2. (b) The licensing commission shall request a written report from the superintendent of the building division which shall indicate whether any violations of the aforementioned building code or building zone ordinance exist prior to its taking action on any petition for a license. If any violation is found to exist, then the licensing commission shall not authorize or grant the license.

Cross reference(s) – Licenses, permits and miscellaneous business regulations, Ch. 8.

Sec. 2-221. Adult use marijuana licenses.
  1. (a) Definitions .

Close associate means a person who holds a relevant managerial, operational or financial interest in the business of an applicant or licensee and, by virtue of that interest or power, is able to exercise a significant influence over the management, operations or finances of a marijuana establishment, an MTC or independent testing laboratory licensed under 935 CMR 500.000. A close associate is deemed to be a person or entity having direct or indirect control.

Craft marijuana cooperative means a marijuana cultivator comprised of residents of the commonwealth and organized as a limited liability company, limited liability partnership, or cooperative corporation under the laws of the commonwealth. A cooperative is licensed to cultivate, obtain, manufacture, process, package and brand cannabis or marijuana products to transport marijuana to marijuana establishments, but not to consumers.

Independent testing laboratory means a laboratory that is licensed by the commission and is:

  1. (a) accredited to the International Organization for Standardization 17025 (ISO/IEC 17025:2017) by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the commission;
  2. (b) independent financially from any medical marijuana treatment center (registered marijuana dispensary), marijuana establishment or licensee for which it conducts a test; and
  3. (c) qualified to test cannabis or marijuana in compliance with 935 CMR 500.160 and M.G.L. c. 94C, § 34.

Marijuana cultivator means an entity licensed to cultivate, process and package marijuana, and to transfer marijuana to other marijuana establishments, but not to consumers.

Marijuana establishment means a marijuana cultivator (indoor or outdoor), craft marijuana cooperative, marijuana product manufacturer, marijuana microbusiness, marijuana retailer, independent testing laboratory, marijuana research facility, marijuana transporter, or any other type of licensed marijuana- related business, except a medical marijuana treatment center.

Marijuana product manufacturer means an entity licensed to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other marijuana establishments, but not to consumers.

Marijuana research facility means an entity licensed to engage in research projects by the commission. A marijuana research facility may cultivate, purchase or otherwise acquire marijuana for the purpose of conducting research regarding marijuana products. A research facility may be an academic institution, nonprofit corporation or domestic corporation or entity authorized to do business in the commonwealth. Any research involving humans must be authorized by an institutional review board. A research facility may not sell marijuana cultivated under its research license. All research regarding marijuana must be conducted by individuals 21 years of age or older.

Marijuana retailer means an entity licensed to purchase and transport cannabis or marijuana product from marijuana establishments and to sell or otherwise transfer this product to marijuana establishments and to consumers. Retailers are prohibited from delivering cannabis or marijuana products to consumers; and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a marijuana establishment.

Marijuana transporter means an entity, not otherwise licensed by the commission, that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to marijuana establishments, but not to consumers. Marijuana transporters may be an existing licensee transporter or third party transporter.

Microbusiness means a co-located marijuana establishment that can be either a tier 1 marijuana cultivator or product manufacturer or both, in compliance with the operating procedures for each license. A microbusiness that is a marijuana product manufacturer may purchase no more than 2,000 pounds of marijuana per year from other marijuana establishments.

Persons or entities having direct control means any person or entity having direct control over the operations of a marijuana establishment, which satisfies one or more of the following criteria:

  1. (a) An owner that possesses a financial interest in the form of equity of ten percent or greater in a marijuana establishment;
  2. (b) A person or entity that possesses a voting interest of ten percent or greater in a marijuana establishment or a right to veto significant events;
  3. (c) A close associate;
  4. (d) A person or entity that has the right to control or authority, through contract or otherwise including, but not limited to: (1) to make decisions regarding operations and strategic planning, capital allocations, acquisitions and divestments; (2) to appoint more than 50 percent of the directors; (3) to appoint or remove corporate-level officers or their equivalent; (4) to make major marketing, production, and financial decisions; (5) to execute significant or exclusive contracts; or (6) to earn ten percent or more of the profits or collect more than ten percent of the dividends.

Persons or entities having indirect control means any person or entity having indirect control over operations of a marijuana establishment. It specifically includes any person with a controlling interest in an indirect holding or parent company of the applicant, and the chief executive officer and executive director of those companies, or any person or entity in a position indirectly to control the decision-making of a marijuana establishment.

  1. (b) Applicability . (1) License required . Any persons or entity seeking to operate any type of adult-use marijuana establishment , except for a marijuana transporter , shall require a local license from the licensing commission. The number of such available licenses for marijuana retailers shall be no less than 20 percent of the number of liquor licenses issued in the city , pursuant to G.L. c. 138, § 15 (commonly known as package stores). There shall be a temporary cap of no more than 12 adult marijuana retail establishments, which cap shall expire after 24 months . This cap may be lifted or modified at any time, or extended, through amendment of this section. (2) Priority applications . The licensing commission shall consider an application for licensure from only a priority applicant within five years from the initial date of passage of this ordinance, unless an applicant is seeking a non-retail license. For marijuana retailer licenses, there are two groups of priority applicants that are known as group A and group B. During the five year priority period, the licensing commission shall only issue a license to an applicant in group B if, at the time of issuance, there will be an equal or greater number of issued licenses held by entities that were licensed as applicants from group A. Five years after the date of passage of this ordinance the licensing commission shall continue to prioritize priority applicants, but may consider a marijuana retailer application from a non-priority applicant. At no time shall the licensing commission issue a marijuana retailer license to a non-priority applicant if, at the time of issuance, there would not be an equal or greater number of licenses that are currently valid and issued to priority applicants. In order to be considered a priority applicant in group A, the person(s) or entity applying must meet at least one of the following criteria: i. An economic empowerment applicant certified by the commonwealth of Massachusetts Cannabis Control Commission (CCC), or separately certified by the Somerville Licensing Commission to meet the criteria specified in 935 CMR 500.101(1)(e)2.a-f; ii. Owned by a Somerville resident(s) or entities with a majority (at least 50 percent) of its ownership made up of Somerville residents, provided that the host community agreement application was submitted on or before May 1, 2020; or, iii. Cooperatively owned entities. In order to be considered a priority applicant in group B, the person(s) or entity applying must meet at least one of the following criteria:​ i. Owned by a Somerville resident(s) or entities with a majority (at least 50 percent) of its ownership made up of Somerville residents, provided that the host community agreement application was submitted after May 1, 2020; or, ii. A registered marijuana dispensary operating within the City of Somerville on the initial date of passage of this ordinance, that will continue selling medicinal products.
  2. (c) Application requirements . An applicant in any category of marijuana establishment shall file, in a form and manner specified by the licensing commission, an application for licensure as a marijuana establishment. The application will not be considered to be complete until the licensing commission determines that each individual packet is complete and notifies the applicant that each packet is complete. Applications shall be posted on line, subject to appropriate redactions under applicable public records law. The application shall consist of the following materials: (1) The same three packets as required by the CCC pursuant to 935 CMR 500.101: an application of intent packet; a background check packet; and a management and operations profile packet. The applicant may file individual packets separately or as a whole. (2) Documentation that the marijuana establishment is an entity registered to do business in Massachusetts and a list of all persons or entities having direct or indirect control . The applicant shall submit any contractual, management, or other written document that explicitly or implicitly conveys direct or indirect control over the marijuana establishment to the listed person or entity. (3) Documentation of a property interest in the proposed address. The proposed marijuana establishment must be identified in the documentation as the entity that has the property interest. If the marijuana establishment does not own the proposed address, the applicant shall submit information identifying the property owner. (4) Identification of any person or entity that provides initial capital or loans to establish or operate the marijuana establishment, the amount of the loan or initial capital, any terms and conditions of repayment, and the recipient of such initial capital or loan. (5) Any additional specific requirements that must be submitted to the CCC pursuant to 935 CMR 500.101 for particular types of marijuana establishments shall also be submitted to the licensing commission if applying for that type of marijuana establishment.
  3. (d) Evaluation criteria . The licensing commission shall grant licenses with the goal of ensuring that the needs of the commonwealth are met with regard to access, quality, and community safety. Applications shall be evaluated based on the applicant’s: (1) Demonstrated compliance with the laws and regulations of the commonwealth and the City of Somerville; (2) Consistency to community values outlined in SomerVision; and, (3) Thoroughness of response to the application requirements. The licensing commission shall consider all of the following factors in its evaluation of applicants: (4) A commitment to help monitor health impacts to the neighborhood and on the local youth population; (5) Inclusion of an inventory of or manufactures locally/regionally grown products; (6) Employment of local residents and offers competitive wages and benefits to employees; (7) Use of sustainable green/renewable energy practices; (8) The criminal records of the persons or owners of entities (except for marijuana-related infractions); and (9) Quality of relationship with the community. (10) ​The licensing commission shall also consider the recommendation of the economic development division of OSPCD and the health and human services department on each application that is submitted.
  4. (e) Fees . The licensing commission may establish fees for such licenses.
  5. (f) Inspections . The City of Somerville Health and Human Services Department shall conduct inspections to ensure compliance with state and local regulations.
  6. (g) Conditions . Licenses for marijuana establishments issued by the licensing commission shall only be valid so long as each entity signs a community host agreement with the City of Somerville, receives a final license from the CCC within six months after receiving the license from the licensing commission, and the final license from the CCC remains valid and current. The licensing commission may impose additional reasonable restrictions and conditions as to the operation under the license.
  7. (h) Transferability of license . Any license granted under this ordinance shall be a personal privilege and shall not be assignable or transferable.
  8. (i) Revocation . The licensing commission may modify, suspend or revoke any license for just cause, after reasonable notice and a hearing.
  9. (j) Enforcement . The provisions of this ordinance may be enforced by the director of health and human services and superintendent of inspectional services, by noncriminal disposition pursuant to G. L. c. 40, § 21D. Each day on which a violation exists shall be deemed a separate offense. Any person, firm, corporation, association or other entity violating any provision of this article may be punished in accordance with the provisions of section 1-11 .
  10. (k) Expiration of license . Unless otherwise specified by the licensing commission, each license shall expire five years after the issuing of such license. A license issued under this ordinance may be renewed by the licensing commission.
  11. (l) Severability . The provisions of this article are severable, and if any part of this article should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the article and the remainder of the article shall stay in full force and effect.
Secs. 2-222-2-230. Reserved.
DIVISION 5. PLANNING BOARD*

*State law reference(s) – Planning boards, M.G.L.A . c. 41, § 81A et seq.

Sec. 2-231. Planning board.

The planning board shall consist of five members and two associate members. Associate members may be utilized, pursuant to Section 9 of Chapter 40A of the General Laws, when the planning board has been designated as a special permit granting authority, in accordance with the Zoning Ordinances of the City of Somerville. The chairman of the planning board may designate an associate member to sit on the board for the purposes of acting on an application in the absence, inability to act, or conflict of interest, on the part of any member of the planning board or in the event of a vacancy on the board.

Cross reference(s) – Appointment of department heads and members of boards and commissions, § 2-24 .

Sec. 2-232. Planning board meetings.

The planning board shall annually, as soon as practicable after February 1 of each year, elect from among its own number a chairman and a clerk.

Sec. 2-233. Planning board duties.

The planning board shall have all of the powers and duties granted to planning boards by Sections 81C through 81J of Chapter 41 of the General Laws .

Sec. 2-234. Planning board assistants.

The planning board, subject to appropriation and subject to the approval of the mayor , may employ such technical and other assistants as may be necessary to perform its duties.

Sec. 2-235. Planning board expenditure of funds.

In the expenditure of funds appropriated for the use of the planning board, the board shall be subject to all the provisions of the City Charter .

Charter reference(s) – Estimate of expenses of boards, § 46; restrictions on appropriations, § 48.

Cross reference(s) – Bonds, § 2-351 et seq.

Sec. 2-236. Reserved.
DIVISION 6. HUMAN RIGHTS COMMISSION
Sec. 2-237. Human rights policy.

It is hereby declared to be the public policy of the city , including its employees, agents and officials, to protect and promote the constitutional, civil and human rights of all people within the city. Further, the city asserts that:

All people have certain inalienable rights, including the rights to life, liberty, property, the pursuit of happiness and equal justice under the laws of the United States, the commonwealth and the city.

No person in our city shall have these rights constrained, reduced, ignored or violated; all people in our city shall be protected in the exercise of these human and civil rights.

No person in our city shall be unlawfully discriminated against in matters of housing, employment, education, contracts, purchasing or public accommodations, on the basis of: age, ancestry, citizenship, color, disability, economic status, ethnicity, family/marital status, gender, military status, national origin, race, religion, sexual orientation, gender identity and expression, or source of income.

The human rights commission shall work toward mutual respect and understanding among all individuals and groups in the city through improving the quality of public discourse and eliminating unlawful discrimination.

Sec. 2-238. Human rights commission.
  1. (a) There shall be in the city a commission known as the Somerville human rights commission, hereinafter called the "commission," which shall consist of 12 members appointed by the mayor and approved by the city council, to serve without compensation.
  2. (b) The original commissioners shall be appointed from a list developed by the mayor's task force on racism and violence through an application process which shall include advertisements in three local newspapers in no fewer than three languages.
  3. (c) The commissioners shall serve a term of three years; however, of the members first appointed to the commission four shall be appointed to a term of one year, four shall be appointed a term of two years, and four shall be appointed to a term of three years. Subsequent members of the commission shall be appointed to a term of three years by the mayor and approved by the city council. The commission may provide recommendations for subsequent members. If the vacancy occurs prior to the expiration of the member's term, an appointment shall be made for the remainder of the term.
  4. (d) If any commissioner has more than six excused absences from meetings of the commission during a calendar year or if any commissioner has more than three unexcused absences (absences without prior notice to the commission) from meetings of the commission during a calendar year, the position held by said commissioner shall be automatically vacated upon certification to the mayor by the commission.
Sec. 2-239. Human rights commissioner qualifications.
  1. (a) The commission at all times shall strive to be representative of all socioeconomic and racial segments of the city as well as different neighborhoods.
  2. (b) Commissioners must be residents of the city at the time of their appointment and throughout their tenure.
  3. (c) Commissioners shall be classified as special municipal employees for the purposes of M.G.L.A . c. 268A.
Sec. 2-240. Human rights commission chairpersons and bylaws.
  1. (a) The members of the commission shall annually elect two co-chairpersons from among its members who shall not hold that office for more than three consecutive terms. The commission may elect other officers with the permission of the mayor .
  2. (b) Subject to the approval of the mayor, the commission shall adopt a set of rules for its administration which are consistent with the laws for the commonwealth and ordinances of the city .
  3. (c) A majority of members currently serving on the commission shall constitute a quorum for the purpose of conducting business.
Sec. 2-241. Human rights commission executive director.
  1. (a) There shall be an executive director who shall be appointed by the mayor and approved by the city council with the advice of the commission.
  2. (b) The prospective director of the commission shall have experience in the advancement of equality for all and the ability to work cooperatively with people of various socioeconomic backgrounds and of every race, color, national origin, age and sexual orientation.
Sec. 2-242. Human rights commission functions.
  1. (a) The first function of the commission shall be to improve the life of the city by enlisting community-based groups in educational programs and campaigns to increase mutual self-respect, harmonious intergroup relations, and the peaceful enjoyment of life in our diverse community.
  2. (b) The second function of the commission shall be to respond to complaints by persons in the city who believe that their human or civil rights, as defined by existing local, state and federal law, have been violated in Somerville.
  3. (c) The third function of the commission shall be to initiate investigations into circumstances which appear to the commission to unlawfully discriminate against any of the people of the city.
  4. (d) The fourth function shall be to work with municipal government departments, the school department, commissions and boards, to increase compliance with appropriate local, state and federal laws and to raise the level of awareness and sensitivity to human rights issues in municipal business with the public through workforce-wide required training programs.
Sec. 2-243. Human rights commission duties.

The powers and duties of the commission shall include the following:

  1. (1) To obtain information and documents, request staff support and other help as necessary from other city departments, including the school department. (2) To publish reports and other documents. (3) To initiate investigations into the existence of unlawful discrimination in the city which may deny or tend to deny equal access or opportunity in matters of housing (except as covered by the Somerville Fair Housing Ordinance, sections 7-41 through 7-48 ), employment, education, contracts, purchasing or public accommodations, on the basis of: age, ancestry, citizenship, color, disability, economic status, ethnicity, family/marital status, gender, military status, national origin, race, religion, sexual orientation or source of income; and in connection therewith to hold administrative hearings. (4) In order to properly conduct its investigations the commission shall have the power to: a. Summons witnesses (pursuant to M.G.L.A . c. 233, § 8); b. Administer oaths; c. Serve written interrogatories; d. Reserved. e. Take testimony under oath; f. Require the production of evidence; g. Publish findings; h. Insert complaints and resolutions into municipal personnel files, consistent with the several collective bargaining agreements; and i. Recommend actions to the mayor . (5) To attempt by negotiation to resolve all complaints that come before it and recommend to all appropriate governmental agencies, federal, state or local, such action as it feels will resolve such complaint. (6) To refer complaints, when appropriate, to the Massachusetts Commission Against Discrimination, or other agency, for resolution. (7) To create committees and task forces for the carrying out of the purposes of the commission. (8) To raise funds for the use of the commission and to accept money, gifts and services for its exclusive use and expend or use the same. (9) To publish as a public document its by-laws, policies, and practices for both internal functions and external activities, excluding those documents which are confidential under federal, state or municipal law. (10) To publish its rules of procedure for the conduct of its investigations, hearings, and negotiations. These rules shall ensure the due process rights to all persons and/or entities involved in an investigation. At any hearing before the commission, or any committee thereof, a witness shall have the right to be advised and represented by counsel. (11) To publish an annual report of the state of human rights in the city drawn from its own resources as well as records of other city departments. (12) To render to the mayor and the city council a full written report of its activities and its recommendations, not less than once a year. (13) To expend, with approval of the mayor, such funds as are appropriated for the aforementioned purposes. The commission shall annually prepare an operating budget in a timely manner.
Sec. 2-244. Human rights commission records.

All commission records shall be public except those that are necessary to ensure privacy rights under other local, state or federal laws, and those records which must be kept confidential in compliance with the rules of evidence.

Sec. 2-245. Human rights commission advisory council.
  1. (a) The commission shall establish an advisory council which shall provide general advice and counsel to the commission, as well as assistance in carrying out the policies of the commission.
  2. (b) The advisory council shall be appointed by the members of the commission after a public process seeking as a wide a representation of the population of the city as possible.
  3. (c) The advisory council shall be composed of no fewer than nine an no more than 21 members. These members shall include representation from the business community, social service agencies, ethnic agencies, law enforcement agencies, clergy, labor, high school student governments, and other organizations and groups which have an interest in human and civil rights. The city council, school committee, public safety commission, fair housing commission, disabilities commission, women's commission, and gay and lesbian liaison advisory group shall be invited to designate a representative to the advisory council. The membership of the advisory council shall include persons from as many of the ethnic communities in the city as possible.
  4. (d) The advisory council shall annually elect a chairperson who shall present regular reports to the commission.
  5. (e) The advisory council shall perform other functions as delegated by the commission.
DIVISION 7. RECREATION AND YOUTH COMMISSION*

*Cross reference(s) – Playing on high school grounds, § 12-46 et seq.

State law reference(s) – Board of park commissioners, M.G.L.A . c. 45, § 1 et seq.

Sec. 2-246. Recreation and youth commission.

There shall be established in Somerville a recreation and youth commission. The director of the recreation and youth commission shall be in charge of the commission. The commission shall be composed of ten citizens of the city .

Sec. 2-247. Recreation and youth commission appointments and assistants.

The director of the recreation and youth commission shall be appointed by the mayor , subject to confirmation by the city council. Prior to confirmation by the city council, the council shall hold a public hearing and invite input from the recreation and youth commission. The members of the recreation and youth commission shall be appointed by the mayor subject to the approval of the city council, five in each year to serve for two years and until the appointment and qualification of their successors. Any vacancy shall be filled by appointment for the balance of the unexpired term.

The director of the commission, subject to appropriation and to the approval of the mayor, may employ and discharge, at pleasure, such clerks and assistants as may be necessary to perform his or her powers and duties.

Cross reference(s) – Appointment of department heads and members of boards and commissions, § 2-24 .

Secs. 2-248-2-260. Reserved.
DIVISION 8. COUNCIL FOR AGING PERSONS*

*State law reference(s) – Council on aging authorized, M.G.L.A . c. 40, § 8B.

Sec. 2-261. Council on aging.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Aging persons shall be construed to mean persons who are 60 years of age or older.

Council shall be construed to mean the council for aging persons.

Term shall be defined as constituting the period of time an appointee shall serve on the council for the aging, commencing with the approval of the appointee by the city council and the mayor, and terminating as provided in this division.

Cross reference(s) – Definitions and rules of construction, § 1-4 .

Sec. 2-262. Council on aging composition.
  1. (a) The council shall consist of 11 persons including the chairperson, appointed by the mayor with the approval of the city council.
  2. (b) Appointees of the council may have working knowledge of, and or have been active participants with public and or private charitable, benevolent, philanthropic institutions and organizations in the city .
  3. (c) Of the 11 members of the council, six members shall consist of aging persons .
Sec. 2-263. Council on aging terms.

Of the original appointees to the council for aging persons , the chairperson of the council shall serve for a period of three years and the remaining appointees shall serve the following original terms from the initiation of the ordinance from which this division derives: four members for one year; three members for two years; three members for three years. Upon the termination of the original terms of appointment, the chairperson and all subsequent member appointees shall serve for a term of three years.

Sec. 2-264. Council on aging purposes.

The purposes of the council for aging persons are as follows:

  1. (1) Propose and assist in the adoption of legislation concerning the health, housing, welfare and education of aging persons; (2) Evaluate, coordinate, promote and encourage new and existing services and activities intended to enhance or improve the quality of life of older persons in the city ; (3) Survey resources available to the elderly of the city and act as an information and referral source regarding services, benefits, activities, and programs available to them; (4) Act in an advisory capacity to the mayor on all matters pertaining to the welfare of elder citizens of the city; (5) Be the primary public advocate for elderly residents of the city; (6) The council shall be guided in its organizational structure, administration, planning and programming, by the manual entitled Design for Action for Councils on Aging , 1967, published by the state commission on aging; (7) The council will provide the city council with an annual report of the activities and accomplishments during each calendar year.
Sec. 2-265. Council on aging duties.

It shall be the duty and responsibility of the council to:

  1. (1) Identify the total needs of the city's elderly population, collecting facts and statistics and conducting special studies as necessary to accomplish this end; (2) Evaluate and coordinate all public and private programs and services for the elderly in the city ; (3) Participate in the planning and development of all services and programs funded by federal and state grants and monies, and in the determination of the recipients of such funds; (4) Develop services and programs as required in order to meet needs not being addressed or encourage their development; (5) Advise the mayor , other city officials and public agencies of the city on matters affecting the elderly, particularly through regularly scheduled meetings and conferences; (6) Educate the community and enlist its support to meet the needs of the elderly; (7) Be aware of state and federal legislation concerning the elderly, particularly that pertaining to available funds and programs, and take such actions as are indicated to assure beneficial results for the elderly of the city; (8) Submit an annual report to the mayor and the city council on its activities of the prior year, including a record of attendance and remaining length of term of each member; (9) Cooperate with the state department of elder affairs and the area agency on aging; (10) Perform any other function prescribed under law.
Secs. 2-266-2-275. Reserved.
DIVISION 9. MUNICIPAL COMPENSATION ADVISORY BOARD
Sec. 2-276. Municipal compensation advisory board.

There is hereby created a municipal compensation advisory board, to consist of five members, three of whom shall be appointed by the mayor and two of whom shall be appointed by the president of the city council, to serve for terms coterminous with that of the mayor.

Sec. 2-277. Municipal compensation advisory board duties.

The municipal compensation advisory board shall continuously study the adequacy of the compensation and expense allowances of all municipal elected officials, all officials appointed by the mayor subject to the approval of the city council, and any other officials or employees of the city excluded by law from collective bargaining.

Sec. 2-278. Municipal compensation advisory board composition.

The members of the municipal compensation advisory board shall serve without compensation, but may be allowed expenses with the approval of the mayor , subject to appropriation.

Sec. 2-279. Municipal compensation advisory board reports.

Each even-numbered year, by the third week of November, the municipal compensation advisory board shall report to the mayor and city council its recommendations and findings relative to compensation and allowances for those under its jurisdiction. A copy of said report shall be filed with the city clerk and shall be a public record.

Secs. 2-280, 2-281. Reserved.
DIVISION 10. COMMISSION FOR WOMEN*
Sec. 2-282. Commission for women.
  1. (a) There will be a Somerville Commission for Women.
  2. (b) It shall be the function of the commission to: (1) Act as a centralizing force in the city and the community which will deal with all women's issues, providing information, referral, guidance and coordination, and offering and providing technical assistance to other public agencies and private persons , organizations and institutions engaged in activities and programs intended to eliminate prejudice and discrimination against women because of their status as women or as a minority woman. (2) Take such action as the commission considers appropriate to insure the equal status of women of every race, creed, color, national origin, age and sexual preference.
Sec. 2-283. Commission for women composition.
  1. (a) The commission shall consist of 15 members, all of whom shall be appointed initially by the mayor and confirmed by the city council to serve for the following terms: (1) Five members shall serve for a one-year term. (2) Five members shall serve for a two-year term. (3) Five members shall serve for a three-year term. After the initial terms all commissioners shall be appointed for a term of three years.
  2. (b) If any commissioner misses three unexcused meetings of the commission during a calendar year, that position of said commissioner shall be automatically vacated upon certification to the mayor by the commission.
  3. (c) After the initial appointments, subsequent members of the commission shall be appointed by the mayor and confirmed by the city council from recommendations provided by the commission. The commission shall consult with recognized groups working for the equal status of women to obtain names of qualified candidates. Vacancies on the commission shall be filled not later than 30 days after the vacancy occurs; and if a vacancy occurs prior to the expiration of the member's term, an appointment shall be made for the remainder of the term.
  4. (d) The commission at all times [shall] be representative of all socioeconomic and racial segments of the city as well as different neighborhoods and also have members who are resource people as well as women with needs.
  5. (e) A majority of members currently serving on the commission shall constitute a quorum for the purpose of conducting business.
Sec. 2-284. Commission for women qualifications.
  1. (a) All prospective commissioners shall have belief in and support the equal status of women in society and implementation of the aims of the Equal Rights Amendment.
  2. (b) Commissioners must be residents of the city at the time of appointment.
Sec. 2-285. Commission for women chairperson and bylaws.

The members of the commission shall elect up to two co-chairpersons from among its members, and shall adopt by-laws for the commission.

Sec. 2-286. Commission for women executive director.
  1. (a) There shall be an executive director of the commission whose selection and length of employment shall be determined by the mayor and the city council with the advice of the commission.
  2. (b) The prospective executive director of the commission shall have demonstrated administrative expertise, a background of direct participation in women's advancement, and the ability to work cooperatively with women of various socioeconomic backgrounds and of every race, color, national origin, age, and sexual preference.
  3. (c) The executive director shall have adequate staff assistance.
Sec. 2-287. Commission for women duties.

The powers and duties of the commission shall include the following:

  1. (1) To insure the equal status of women in educational, economic, political, health, legal and social spheres. (2) To design and implement programs that promote equality for all women in the city . (3) To develop recommendations and recommend policy to all departments, divisions and agencies of the city, including the mayor and the city council. (4) To coordinate activities of all departments and divisions of the city government on issues affecting women. (5) To initiate and coordinate and monitor the enactment of legislation which promotes the equal status of women on the city, state and federal levels, and to assure that appropriate regulations are adopted and enforced pursuant to such legislation. (6) To investigate, within the limitations of available resources, incidents of discrimination against women. (7) To appear and speak for and act on behalf of individual women and groups of women confronted with incidents of discrimination, within the limitations of available resources. (8) To obtain from city departments, divisions, and agencies, information necessary to carry out the functions, purposes, programs, and activities of the commission. (9) To initiate public exhibits and media events in city hall, city libraries, and other city-owned property as well as in other locations within and without the city. (10) To raise funds for the use of the commission and to accept money, gifts and services for its exclusive use and expend or use the same, and subject to appropriation or to receipt of such money, gifts, and services, employ clerical and technical assistants or consultants; and to be consulted by and make recommendations to the mayor with regard to the employment of the executive director. (11) To be a member of the National Association of Commissions on Women. (12) To recruit and recommend prospective commissioners for subsequent appointment by the mayor. (13) To appoint task forces to assist the commission in its operations. (14) Such other powers and duties as may be agreed on by the mayor and the commission.
Secs. 2-288-2-299. Reserved.
DIVISION 11. BICYCLE ADVISORY COMMITTEE*
Sec. 2-300. Bicycle advisory committee membership.

Members of the committee must take an active interest in Somerville bicycling issues. The committee shall have no fewer than 13 members. Members will include no fewer than seven community representatives who either live or work in Somerville and take an active interest in bicycling issues in Somerville. The committee shall solicit applications for membership and submit their recommendations to the mayor who shall appoint members for two years, their term renewable at the discretion of the mayor. The remaining six members shall be the mayor, president of the city council, commissioner of public works, director of traffic and parking, executive director of the office of housing and community development, and chief of police, or their designees. Any vacancy shall be filled by appointment by the mayor for the balance of the unexpired term.

Sec. 2-301. Bicycle advisory committee officers.

The officers of the committee shall be a chairperson, vice-chair and secretary. The chairperson shall be responsible for setting the agenda, for facilitating meetings, for organizing a committee work program and subcommittees, and for signing committee correspondence. The vice-chair shall assist the chair in his/her duties and fill in for the chairperson in his/her absence. The secretary shall be responsible for meeting minutes and attendance records. Officers will be elected for a one-year term. Elections will take place in March of each year unless otherwise decided by the committee.

Sec. 2-302. Bicycle advisory committee compensation.

The members of the bicycle advisory committee shall serve without compensation, but may be allowed expenses with the approval of the mayor and subject to appropriation by the city council.

Sec. 2-303. Bicycle advisory committee duties.

The duties of the bicycle advisory commission are to:

  1. (1) Seek to include accommodations for bicycling in road resurfacing and other construction projects;
  2. (2) Seek to increase the availability and safety of recreational bikeways in the city ;
  3. (3) Evaluate and seek to improve existing bicycle parking and create new facilities where appropriate;
  4. (4) Provide education to both bicyclists and motorists to promote safety; and
  5. (5) Develop a long range master plan designating priority routes for bicycling;
  6. (6) Publish reports and other documents;
  7. (7) Render to the mayor and the city council a report of its activities and recommendations, not less than once a year.
DIVISION 12. CLIMATE ACTION COMMISSION
Sec. 2-304. Establishment; function.
  1. (a) There shall be established a Climate Action Commission, hereinafter called the "commission."
  2. (b) It shall be the function of the commission to: (1) Address and reverse both the climate and environmental crises through community and local government operations toward the ultimate goals of creating a healthier, safer, thriving, equitable, resilient community, advancing environmental justice, and adapting to climate change. (A) The commission may consider and pursue interventions in any relevant areas, including: public engagement; environment; policy; adaptation; mitigation; climate science; public finance; business and workforce; equity; social and infrastructure resiliency; community health; buildings; natural resources; waste; municipal and school operations; transportation; or, mobility. (2) Advise the mayor and municipal staff. (3) Mobilize Somerville residents and stakeholders by educating the public through outreach and engagement.
Sec. 2-305. Membership; appointment; term; removal.
  1. (a) The commission shall be composed of no less than five and up to thirteen members who shall be appointed by the mayor and confirmed by the City Council . Members shall be residents of the city , except one member who owns or does business in Somerville may reside outside the city. Two members shall be youth representatives, one between the ages of fifteen and seventeen and the other between the ages of eighteen and twenty-five.
  2. (b) Initial appointments to the commission shall be staggered, with three members appointed for a term of one year, five members appointed for a term of two years, and five members appointed for a term of three years. Subsequent appointments shall be for a term of three years, with the exception of the youth representatives who shall be appointed for a term of one year. It is the intention that each year, approximately one-third of membership of the Commission will be subject to appointment and confirmation.
  3. (c) If a vacancy occurs prior to the expiration of a member's term, a new member shall be appointed by the mayor, subject to confirmation by the City Council, to serve the remainder of the vacated term.
  4. (d) If any member is absent from three or more successive meetings, the commission may request the mayor remove that member from membership.
  5. (e) In appointing members of the commission, the mayor shall consider diverse representation of its membership including by socioeconomic status, religious creed, national origin, gender identity , sexual orientation, race, ethnicity, and neighborhood.
  6. (f) A quorum of the commission shall be a simple majority of the members serving on the commission.
  7. (g) Members of the commission shall be classified as special municipal employees for the purposes of M.G.L. c. 268A.
Sec. 2-306. Support for the commission.
  1. (a) The director of the Office of Sustainability and Environment, or their designee, shall serve as a member of the commission by virtue of their office.
  2. (b) The director of the Office of Sustainability and Environment, or their designee, shall serve as the staff liaison to the commission, and serve as the custodian of all records for the commission, including recordings, attachments, minutes, agendas, advertisements, and materials.
  3. (c) The superintendent of Somerville Public Schools, or their designee, shall serve as a member of the commission by virtue of their office.
Sec. 2-307. Election of chairperson; by-laws.

The members of the commission shall elect a chairperson from among its members and adopt by-laws for the commission.

Sec. 2-308. Powers and duties.

The commission shall:

  1. (1) assist the city in: (A) adapting to climate change and improving the environment; (B) decarbonizing and mitigating the impacts of climate change; and, (C) ensuring environmental justice and equity are central components of strategies implemented to address climate change and improve the environment.
  2. (2) review progress towards the city's climate, environmental, and emissions goals, actions, and strategies.
Sec. 2-309. Interim commission.
  1. (a) The Commission on Energy Use and Climate Change shall serve as interim membership of the Climate Action Commission until a sufficient number of members to achieve quorum has been appointed. (1) An interim member of the Climate Action Commission may apply for appointment to a full term.
DIVISION 13. MULTICULTURAL AFFAIRS COMMISSION
Sec. 2-309.1. Multicultural affairs commission membership and terms.

There is hereby established in the office of the mayor a board known as the multicultural affairs commission, consisting of a representative of the mayor’s office appointed by the mayor for a term of two years, two members of the city council chosen by the president of the board for a term of two years, and 14 persons broadly representative of the social, economic and cultural interests of the community, appointed by the mayor, with the approval of city council, for four-year terms. The chair of the commission will be chosen by the appointed members. However, of the original appointment three shall be appointed for one-year terms, three shall be appointed for two-year terms, three shall be appointed for three-year terms and five shall be appointed for four-years terms. If a vacancy occurs prior to the expiration of the member’s term, an appointment shall be made for the remainder of the term. A member of the commission may be removed for cause by the mayor but only after opportunity has been afforded for a public hearing before the mayor within ten days after written charges have been given such member by the mayor and a copy filed with the clerk of the city council. Such member shall be heard in person or by counsel. Action of the mayor shall be final unless not later than the second meeting of city council thereafter, city council shall disapprove such removal by the affirmative vote of two-thirds of the members elected thereto.

Sec. 2-309.2. Multicultural affairs commission duties.
  1. (a) The commission shall promote amicable relations among the racial and cultural and other groups within the community; take appropriate steps to deal with conditions which strain relationships; aid in the coordination of the activities of private organizations concerned with these relationships; assemble, analyze and disseminate authentic and factual data relating to interracial and other intergroup relationships. It shall have power to publish and distribute at public expense such factual material, as it shall deem necessary or desirable.
  2. (b) The commission shall coordinate its efforts to achieve its duties with those efforts of the Human Rights Commission to carry out the duties set forth in sections 2-237 to 2-245 of the Code of Ordinances of the City of Somerville.
Sec. 2-309.3. Executive director.

The commission shall nominate and the mayor shall appoint an executive director who shall serve until removed by the mayor with the concurrence of a majority of the commission. Upon nomination of the executive director, the commission shall appoint as its staff such technical and office personnel and assistants as it may deem necessary within the appropriation made available for such purpose. All such appointments, except one assistant and one secretary to the executive director, shall be made in conformity with the provisions of the Code of Ordinances and the Charter of the City of Somerville.

Sec. 2-309.4. Duties of executive director.

Under the direction of the commission the executive director shall supervise and control the staff. The director shall:

  1. (a) Serve as secretary of the commission and of any advisory committee or subcommittee, which may be created.
  2. (b) Maintain contacts with all groups throughout the community which are concerned with interracial and other intergroup understanding, report to the commission regarding the activities of these groups, be a source of accurate and reliable data on the acute problems in the field of interracial and other intergroup understanding and join one or more of these groups as a member if he so chooses, with the approval of the commission; any expense of membership is to be charged against the commission's budget.
  3. (c) Implement the decisions of the commission and on the advice of the commission shall work in cooperation with the directors of all departments of the city government in the improvement of services to eliminate whatever sources of interracial friction may exist; work to remove inequalities which may be related to minority group or other status on such important problems as housing, recreation, education, law enforcement, vocational guidance and related matters; conduct such educational activities, institutes, meetings and prepare such reading materials as will lead to better public relations.
  4. (d) Cooperate with the human rights commission in those instances when their duties are concurrent.
DIVISION 14. VETERANS COMMISSION
Sec. 2-309.5. Veterans commission.

There is hereby established, pursuant to M.G.L. Chapter 41, Section 105, a veterans commission. The commission shall consist of the mayor or his designee, and five members appointed by the mayor, three of whom shall be veterans; two shall be appointed for one year, two for two years and one for three years, and as the term of each member expires a successor shall be appointed for three years. Any vacancy shall be filled in the same manner for the unexpired term. The commissioner of public works or his designee shall serve the commission in an advisory role.

It shall be the responsibility of the commission to maintain the custody and care of all monuments, memorials, and dedications in the city for the purpose of property commemorating the services and sacrifices of former members of the Army, Navy, Marines, Air Force, and Coast Guard who have served the country in war, or persons who have served the commonwealth in time of war; to accept gifts or bequests and any appropriations of money made for said purpose, and to expend such funds only for such purpose.

The commission shall have charge and control of the construction of any such monument, memorial or dedication and shall have custody and care thereof after its construction.

In the case of dedications hero squares, the several hero squares in the city shall retain the names by which they are now known, and hero squares hereafter to be determined shall be named by the commission. A "hero square" is defined as a public square or intersection which is dedicated to a service member who served during wartime, regardless of whether they are living or deceased. The commission may, by a two-thirds vote of the whole commission, dedicate a hero square in the city, provided that no deed or contractual restriction prohibits such dedication; and provided further, that whenever the commission intends to make such dedication it shall, before final action thereon, appoint a time and place for hearing all persons interested therein, and direct that notices of such hearing and of its intention to make such dedication shall be given to all owners of land adjoining such street or square in the manner required in the laying out of streets.

The commission shall utilize the following criteria when determining whether an individual shall be honored by a monument, memorial, or hero square:

  1. (1) An individual must have made a valuable and substantive contribution during wartime.
  2. (2) The individual must be (or have been) a resident of the ward in which the dedication will be made.
  3. (3) Requestors must cover all associated costs of the purchase and installation of the memorial.
  4. (4) Each intersection will have only one dedication designated.
DIVISION 15. MUNICIPAL ATHLETIC FACILITIES COMMISSION
Sec. 2-309.6. Municipal athletic facilities commission.
  1. (a) There is hereby established a Somerville Municipal Athletic Facilities Commission.
  2. (b) The powers, duties and responsibility of the commission shall include the following: (1) Devise and direct policy initiatives relative to the implementation of the management and operations agreement entered into by the State Department of Conservation and Recreation (“DCR”) and the city , dated September 8, 2006, and any successor agreements (“agreement”) to operate, manage, maintain and staff the Dilboy Memorial Stadium, as defined in the agreement and any other facility designated by the mayor with the approval of the city council; and (2) Devise policies relative to the management, funding, control, issuance of permits, authorization of concessions, and leasing or permitting of the Dilboy Memorial Stadium and any other facility designated by the mayor with the approval of the city council, and create cost structures for such activities, for the purpose of school, civic and professional or semi-professional athletics, recreation, play sports and physical education.

In all cases, the primary use of the Dilboy Memorial Stadium and any other facility designated by the mayor shall be for interscholastic sports programs at Somerville High School.

Sec. 2-309.7. Commission composition.
  1. (a) The commission shall consist of five members, serving in terms coterminous with that of the mayor . The terms of the members shall be for one, two or three years and so arranged that the terms of approximately one third of the members will expire each year, and their successors shall be appointed for terms of three years each. The commission members shall be appointed as follows: five members appointed by the mayor; approved by the city council.
  2. (b) The members of the commission shall elect a chairperson and secretary from among its members, and may adopt bylaws for the commission.
  3. (c) The members of the commission shall serve without compensation, but may be allowed expenses with the approval of the mayor, subject to appropriation.
Sec. 2-309.8. Somerville Municipal Athletic Facilities Commission revolving fund.

The commission will establish and maintain a revolving account and/or enterprise fund, pursuant to the agreement, subject to the provisions of state statute, and such account shall be used solely for the purpose of offsetting municipal operating costs of the Dilboy Memorial Stadium and any other facility designated by the mayor with the approval of the city council. A line item budget shall be submitted to the council at the time of the council's approval of the revolving account.

DIVISION 16. COMMUNITY PRESERVATION COMMITTEE
Sec. 2-309.9. Community preservation committee.
  1. (a) There is hereby established a community preservation committee (“committee”), consisting of nine voting members pursuant to MGL Chapter 44B. The composition of the committee, the appointment authority and the term of office for the committee members shall be as follows: (1) One member of the planning board as designated by the board for a term of three years; (2) One member of the conservation commission as designated by the commission for a term of three years; (3) One member of the historical commission as designated by the commission for a term of three years; (4) One member of the parks and open space department as designated by the mayor for a term of three years; (5) One member of the housing authority as designated by the housing authority for a term of three years; and (6) Four members of the general public not city employees or currently holding elected or appointed positions, for a term of three years, as appointed by the mayor, subject to city council approval.
  2. (b) No member shall serve more than two full consecutive terms. In order to stagger the terms of the members, the initial appointments of the housing authority member, the planning board member and one member of the general public appointed by the mayor shall be for two years; and the initial appointments of the parks and open space department member and two members of the general public appointed by the mayor shall be for one year. A member who serves a partial term may be reappointed to serve up to two additional consecutive terms.
  3. (c) Any vacancy on the community preservation committee shall be filled by the commission, authority, board or mayor that designated the member who creates the vacancy by designating another member for the unexpired term. A vacancy in any of the members appointed under subsection 2-309.9(a)(6) shall be filled by the mayor, subject to city council approval.
  4. (d) Should any of the commissions, boards, or authorities who have appointment authority under this chapter be no longer in existence for whatever reason, then any other commission, board or authority performing substantially the same duties as those with appointment authority under this chapter shall have the authority to appoint a member of the committee as provided herein. In the event that there is no such commission, board, or authority then the mayor shall have the authority, subject to city council approval, to appoint to the committee a person acting in the capacity of, or performing like duties of the commission, board or authority in question.
Sec. 2-309.10. Announcement of open general public positions.

For the four members of the general public, there shall be a public announcement of the open positions, with at least a three-week period for submittal of an application to the mayor . The four members of the general public should include citizens who have demonstrated interest in open space, recreation, historic preservation, and affordable housing.

Sec. 2-309.11. Election of chairperson.

The committee shall annually elect one of its members to serve as chairperson and may elect such other officers, adopt procedural rules and regulations and establish any subcommittees as it deems appropriate. A committee member may serve as chairperson for no more than two consecutive years.

Sec. 2-309.12. Duties.

In the event that the committee initially proposes that a project be funded by the Community Preservation Act and that the initial proposal is rejected or reduced by the city council, the committee shall be given one opportunity to respond to such actions by the city council and/or to adjust the scope and terms of any proposed project prior to a final decision by the city council as to the allocation of Community Preservation Act funds for the given year.

DIVISION 17. INTERIM URBAN DESIGN COMMISSION
Sec. 2-309.13. Interim urban design commission.
  1. (a) An interim urban design commission is hereby established consisting of five members, appointed by the mayor and confirmed by the city council. They are responsible for the duties which are otherwise to be performed by the urban design commission as specified in the Somerville Zoning Ordinances, Section 15.7.4 .
  2. (b) The terms of the original members of the interim urban design commission shall be staggered as follows: The original term of one appointee shall be for three years, one appointee shall be for two years, and one appointee shall be for one year, and the remaining members for five years.
  3. (c) The interim urban design commission expires three years from appointment of the interim members.
DIVISION 18. MEMORIALIZATION COMMITTEE
Sec. 2-309.14. Memorialization committee.
  1. (a) There is hereby established a memorialization committee (“committee”), consisting of seven voting members. The committee is tasked with developing the policies and procedures for the naming of public buildings, spaces, and streets. In addition, the committee shall develop a policy and procedure for the installation of memorial benches, art work, or other objects subject to the limitations set out in section (f) of this ordinance. The committee is responsible for naming public buildings, spaces, and streets and processing applications for the installation of other memorial objects in public spaces, with the exception of hero squares which shall be named by the veterans commission per section 2-309.5 . The naming of public buildings, spaces and streets shall be undertaken at the referral of the administration. The commission may, by a two-thirds vote of the whole commission, dedicate any municipal building, park or property in the city provided that no deed or contractual restriction prohibits such dedication; and provided further, that whenever the commission intends to make such dedication it shall, before final action thereon, appoint a time and place for hearing all persons interested. A unanimous vote of the members of the commission present and voting on the proposed name is required to name a building, space, street, or part thereof for a person then living. The composition of the committee, the appointment authority, and the term of office for the committee members shall be as follows: (1) Mayor or their designee for a term of two years. (2) Representative of the city council or their designee for a term of two years. (3) Representative of the school committee or their designee for a term of two years. (4) Representative from the veterans commission as designated by the commission for a term of two years. (5) Representative of the Somerville Historical Society as designated by the board of the society for a term of two years. (6) Two members of the general public appointed by the mayor, subject to city council confirmation, with a term of two years. (7) In years where there is an active building committee formed to oversee the creation of a new school building, there will be a community representative from that building committee in an advisory role to the committee.
  2. (b) Any vacancy on the memorialization committee shall be filled by the commission, board, mayor, city council, or school committee that designated the member who creates the vacancy by designating another member for the unexpired term. A vacancy in any of the members appointed under section (a)(6) and (a)(7) shall be filled by the mayor, subject to city council confirmation.
  3. (c) The committee shall annually elect one of its members to serve as chairperson and may elect such other officers, adopt procedural rules and regulations, and establish any subcommittees as it deems appropriate.
  4. (d) The committee shall utilize the following criteria when determining whether an individual shall be honored: (1) An individual must have made a valuable and substantive contribution to the city in an official, civic, or social capacity, which sets them apart from normal civic participation in the affairs of the city. The committee will seek to ensure individuals honored represent the broad diversity of individuals who have contributed to the city. Examples of such contributions include as follows: a. Service in public office, in either an elected or appointed capacity; b. Service as a leader of an active organization of the community, which contributes to the social well-being and fabric of their neighborhood or the city; c. Meritorious and distinguished service as an employee of the city; and/or d. Having performed a heroic or distinguished act completely without regard for personal safety or well-being.
  5. (e) Nothing named pursuant to this ordinance shall be the trade name or other trade mark of any business or other commercial entity.
  6. (f) The requestors for the installation of memorial objects in public spaces must pay a reasonable fee to cover all associated costs of the purchase, installation and maintenance of the object. Any proposed location for a memorial object must be approved by the division of public space and urban forestry, or its designee.
  7. (g) Municipal buildings, municipal parks, and all other municipal property in the city shall retain the names by which they are now known, and all buildings, parks, property, and any other part thereof hereafter to be named, shall be named by the committee, except that no name shall be given to the city hall or high school. The concourse shall be named Anthony Fedele Way, and the field at the Capuano School shall be named James F. McCarthy Field. The land at 59 Otis Street, previously known at Otis Playground, is renamed Deanna Cremin Park as of October 13, 2016.
DIVISION 19. PILOT ADVISORY TASK FORCE
Sec. 2-309.15. PILOT Advisory Task Force.
  1. (a) The City of Somerville shall establish a task force consisting of seven members to review and make recommendations relative to Payment in Lieu of Taxes (PILOT) agreements in Somerville in connection with entities or institutions owning tax-exempt property valued at $15 million dollars or more in the City of Somerville.
  2. (b) The goal of the task force is to make recommendations for a more equitable and consistent PILOT program compensating the city for lost revenue resulting from the portion of the city’s land area that is tax exempt and reducing the subsidy of service provision to tax exempt properties by owners of taxable properties.
  3. (c) The task force shall include: (1) The mayor or their designee; (2) An assessor or other designee designated by the chairman of the board of assessors; (3) The city council president or their designee; (4) The school committee chair or their designee; and (5) Three community members, one to be appointed by the mayor, one to be appointed by the city council president, and one to be appointed by the school committee chair.
  4. (d) The PILOT task force shall meet not less than quarterly.
  5. (e) The PILOT task force shall, within one year of appointment of a quorum of members, produce and file with the city clerk, the mayor, and city council formal recommendations in connection with: (1) A standard level of contributions in programs and payments to be met; (2) A methodology for valuing community benefits; (3) The valuation and revaluation of property owned by tax exempt institutions; (4) Guidelines for the provisions to be included in PILOT agreements; and (5) Legislative changes needed at the state and local levels.
  6. (f) Task force members shall be special municipal employees.
ARTICLE VI. EMPLOYEES*

*Charter reference(s) – Certain employees transferred to school committee, § 40A.1; certain collective bargaining agreements to remain in effect, § 40A.2; administrative boards and officers may appoint, discharge, etc., employees, § 44.

Cross reference(s) – Fire department organization, § 5-31 et seq.; police, Ch. 10; department of public works divisions, § 11-3 .

State law reference(s) – Power of city to regulate working conditions of employees, M.G.L.A . c. 40, § 21A.

DIVISION 1. GENERALLY
Sec. 2-310. Residency requirement.
  1. (a) To the extent permitted by Chapter 31 of the General Laws , every examination held to establish a civil service list for employment by the city shall be restricted to city residents.
  2. (b) If this section shall be deemed to be in conflict with a provision of any general or special law, the provision of that general or special law shall govern, and shall not defeat the application of this section with respect to any position not governed by that law.
  3. (c) If the mayor, with the approval of the city council determines it to be in the best interest of the city to do so, the provisions of this section may be waived with respect to a particular person or position, and such waiver shall not act to defeat the application of this section to every other person or position.
  4. (d) The provisions hereof are severable, and the action of any court of competent jurisdiction in declaring any part or portion hereof invalid, shall not act to defeat any remaining part or portion hereof, and any such action declaring this section invalid with respect to any position or person shall not be held to apply to any other person or position.
  5. (e) In construing this section, residence shall be the actual principal residence of the individual, where they normally eat and sleep and maintain their normal personal and household effects.

Cross reference(s) – Residency requirements, § 5-48 .

Sec. 2-311. Holding other city office or position.

No former mayor , former councilor or former or current school committee member shall hold 1) an appointed city office, 2) appointed city employment, or 3) a contract with the city, compensated from the city treasury, until no less than 12 months have passed following the date on which said service as mayor, councilor or school committee member has terminated. This provision shall not prevent a city officer or other city employee who has been elected mayor, councilor or school committee member, and vacated a position in order to so serve, from returning to the same office or other position of city employment held at the time the position was vacated, but no such person shall be guaranteed said position, nor be eligible for any other municipal position until no less than 12 months have passed following the termination of service as an elected official .

Sec. 2-312. Anti-nepotism.
  1. (a) Definitions. Whenever used in this section, the following terms shall be defined as follows:

City shall mean any department, office, division, board, commission, or other instrumentality of the city, but shall exclude the school department.

Cohabitant shall mean a person regularly residing with another adult, if the parties hold themselves out as a couple.

Elected official shall mean the mayor and members of the city council.

Full-time position shall mean any position eligible for health insurance.

Immediate family member shall mean the spouse, mother, father, brother, sister, child, grandparent, grandchild, cohabitant, guardian, step-mother, step-father, step-brother, step-sister, half-brother, half-sister, child or step-child, uncle, aunt, nephew, niece or any person having the same relationship with the spouse of the mayor or member of the city council.

  1. (b) Nepotism prohibited. Unless otherwise required by law, immediate family members of elected officials shall not be appointed to any position, or employed by the city in a full-time position during the term of the elected official. This section shall not apply to positions subject to civil service law for which a test is administered resulting in the generation of a certified list of qualified candidates from which the employee is hired. Furthermore, this section shall not apply to any employee hired before the passage of this ordinance, nor to the continued employment of individuals in positions with the city where the immediate family member is elected after the date of the employee’s start of employment with the city, nor to the continued employment of individuals with the city who become an immediate family member of the mayor or a member of the city council. Anyone hired by the city as an employee after the passage of this ordinance shall complete an affidavit certifying compliance with this ordinance, prior to commencing employment as a condition of employment.
Sec. 2-313. Reserved.
DIVISION 2. BENEFITS*
Sec. 2-314. Vacation leave for employees with up to five years of continuous service.

Excepting employees of the school department and those employees otherwise provided for by the Code of Ordinances or by an employment agreement, all employees of the city who have been regularly so employed for a period of up to five years shall be entitled to a vacation of 20 working days, or four calendar weeks, whichever is the greater, but in no instance to exceed four weeks, each year, without loss of pay. The time for such vacation in each instance shall be subject to the approval of the respective department head who shall arrange the annual vacation schedule of the department personnel in such a manner as to cause the least possible inconvenience in the conduct of the public service.

Cross reference(s) – Vacation leave, § 5-41 .

Sec. 2-315. Vacation leave for employees with five to ten years of continuous service.

Excepting employees of the school department and those employees otherwise provided for by the Code of Ordinances or by an employment agreement, all employees of the city who have been regularly so employed for a period of five to ten years shall be entitled to a vacation of 25 working days, or five calendar weeks, whichever is the greater, but in no instance to exceed five weeks, each year, without loss of pay. The time for such vacation in each instance shall be subject to the approval of the respective department head who shall arrange the annual vacation schedule of the department personnel in such a manner as to cause the least possible inconvenience in the conduct of the public service.

Sec. 2-316. Vacation leave for employees with ten to twenty years of continuous service.

Excepting employees of the school department and those employees otherwise provided for by the Code of Ordinances or by an employment agreement, all employees of the city who have been regularly so employed for a period of ten to 20 years shall be entitled to a vacation of 30 working days, or six calendar weeks, whichever is the greater, but in no instance to exceed six weeks, each year, without loss of pay. The time for such vacation in each instance shall be subject to the approval of the respective department head who shall arrange the annual vacation schedule of the department personnel in such a manner as to cause the least possible inconvenience in the conduct of the public service.

Sec. 2-317. Vacation leave for employees with twenty or more years of continuous service.

Excepting employees of the school department and those employees otherwise provided for by the Code of Ordinances or by an employment agreement, all employees of the city who have been regularly so employed for a period of 20 or more years shall be entitled to a vacation of 35 working days, or seven calendar weeks, whichever is the greater, but in no instance to exceed seven weeks, each year, without loss of pay. The time for such vacation in each instance shall be subject to the approval of the respective department head who shall arrange the annual vacation schedule of the department personnel in such a manner as to cause the least possible inconvenience in the conduct of the public service.

Sec. 2-318. Sick leave.

Excepting employees of the school department and those employees otherwise provided for by the Code of Ordinances or by an employment agreement, all employees of the city , upon completion of 90 days of continuous service to the city, absent from duty on account of sickness shall be entitled to full pay for a period not exceeding 20 working days in any one year, provided, however, that heads of departments, with the approval of the mayor , may grant such extension in time as may be deemed necessary. Such period of sick leave shall be cumulative from year to year.

Cross reference(s) – Sick leave, §§ 5-43 , 10-7 .

Sec. 2-319. Bereavement leave.
  1. (a) Employees shall be granted a leave of absence with pay, not exceeding five (5) days, in the event of a death, or loss of pregnancy by miscarriage, stillbirth, or abortion, in the immediate family. (1) “Immediate family” shall consist of parent, sibling, spouse/partner, child, spouse’s/partner’s parent, spouse’s/partner’s child, grandparent, grandchild, and other member of the employee’s household.
  2. (b) In the event the funeral or memorial service of a parent's sibling, a sibling's child, cousin, spouse’s/partner’s sibling or spouse’s/partner’s grandparent or grandchild occurs on a workday, the employee shall be granted leave with pay to attend the funeral or memorial service. (1) In extenuating circumstances, department heads may grant up to three (3) days of leave with the approval of the personnel department.

Cross reference(s) – Funeral leave, §§ 5-46 , 10-9 .

Sec. 2-320. Reserved.
DIVISION 3. SALARY SCHEDULE OF RANGES FOR NON-UNION CITY POSITIONS*

*Cross reference(s) — Salaries of officers, § 2-62 .

Sec. 2-321. Non-union city positions.

There is hereby established a salary schedule of ranges for non-union city positions for which the duties and responsibilities are of a managerial and/or confidential nature. The schedule of salary ranges for non-union city personnel was determined by the municipal compensation advisory board. It is the intent of this division that the maximum salary range shall be recognized as a ceiling rate for the positions under the classification. The minimum salary range shall be a reference point and not recognized as a minimum floor rate for positions under the classification. The mayor shall determine individual salaries based upon employee merit policies determined by the personnel department. When a proposed salary increase for an existing city employee exceeds five percent during a fiscal year (including initial salary adjustments) such salary increase shall be approved by a two-thirds quantum of vote of the city council.

Sec. 2-322. Salary ranges established.

Pursuant to the 2025 study of the municipal compensation advisory board, effective January 5, 2025, there is hereby established the following categories and associated salaries for non-union positions identified as Bands I-VI and grade steps 1 – 40. This scale may be updated annually by the Mayor, so as to maintain the viability of the scale.

Compensation bands:

Grade Step I II IIS III IIIS IIIM
1 $65,000 $75,000 $85,000 $90,000 $100,000 $110,000
2 $65,650 $75,750 $85,850 $90,900 $101,000 $111,100
3 $66,300 $76,500 $86,700 $91,800 $102,000 $112,200
4 $66,950 $77,250 $87,550 $92,700 $103,000 $113,300
5 $67,600 $78,000 $88,400 $93,600 $104,000 $114,400
6 $68,250 $78,750 $89,250 $94,500 $105,000 $115,500
7 $68,900 $79,500 $90,100 $95,400 $106,000 $116,600
8 $69,550 $80,250 $90,950 $96,300 $107,000 $117,700
9 $70,200 $81,000 $91,800 $97,200 $108,000 $118,800
10 $70,850 $81,750 $92,650 $98,100 $109,000 $119,900
11 $71,500 $82,500 $93,500 $99,000 $110,000 $121,000
12 $72,150 $83,250 $94,350 $99,900 $111,000 $122,100
13 $72,800 $84,000 $95,200 $100,800 $112,000 $123,200
14 $73,450 $84,750 $96,050 $101,700 $113,000 $124,300
15 $74,100 $85,500 $96,900 $102,600 $114,000 $125,400
16 $74,750 $86,250 $97,750 $103,500 $115,000 $126,500
17 $75,400 $87,000 $98,600 $104,400 $116,000 $127,600
18 $76,050 $87,750 $99,450 $105,300 $117,000 $128,700
19 $76,700 $88,500 $100,300 $106,200 $118,000 $129,800
20 $77,350 $89,250 $101,150 $107,100 $119,000 $130,900
21 $78,000 $90,000 $102,000 $108,000 $120,000 $132,000
22 $78,650 $90,750 $102,850 $108,900 $121,000 $133,100
23 $79,300 $91,500 $103,700 $109,800 $122,000 $134,200
24 $79,950 $92,250 $104,550 $110,700 $123,000 $135,300
25 $80,600 $93,000 $105,400 $111,600 $124,000 $136,400
26 $81,250 $93,750 $106,250 $112,500 $125,000 $137,500
27 $81,900 $94,500 $107,100 $113,400 $126,000 $138,600
28 $82,550 $95,250 $107,950 $114,300 $127,000 $139,700
29 $83,200 $96,000 $108,800 $115,200 $128,000 $140,800
30 $83,850 $96,750 $109,650 $116,100 $129,000 $141,900
31 $84,500 $97,500 $110,500 $117,000 $130,000 $143,000
32 $85,150 $98,250 $111,350 $117,900 $131,000 $144,100
33 $85,800 $99,000 $112,200 $118,800 $132,000 $145,200
34 $86,450 $99,750 $113,050 $119,700 $133,000 $146,300
35 $87,100 $100,500 $113,900 $120,600 $134,000 $147,400
36 $87,750 $101,250 $114,750 $121,500 $135,000 $148,500
37 $88,400 $102,000 $115,600 $122,400 $136,000 $149,600
38 $89,050 $102,750 $116,450 $123,300 $137,000 $150,700
39 $89,700 $103,500 $117,300 $124,200 $138,000 $151,800
40 $90,350 $104,250 $118,150 $125,100 $139,000 $152,900
Grade Step IV V VS VM VI VIM
1 $110,000 $120,000 $130,000 $155,000 $155,000 $180,000
2 $111,100 $121,200 $131,300 $156,550 $156,550 $181,800
3 $112,200 $122,400 $132,600 $158,100 $158,100 $183,600
4 $113,300 $123,600 $133,900 $159,650 $159,650 $185,400
5 $114,400 $124,800 $135,200 $161,200 $161,200 $187,200
6 $115,500 $126,000 $136,500 $162,750 $162,750 $189,000
7 $116,600 $127,200 $137,800 $164,300 $164,300 $190,800
8 $117,700 $128,400 $139,100 $165,850 $165,850 $192,600
9 $118,800 $129,600 $140,400 $167,400 $167,400 $194,400
10 $119,900 $130,800 $141,700 $168,950 $168,950 $196,200
11 $121,000 $132,000 $143,000 $170,500 $170,500 $198,000
12 $122,100 $133,200 $144,300 $172,050 $172,050 $199,800
13 $123,200 $134,400 $145,600 $173,600 $173,600 $201,600
14 $124,300 $135,600 $146,900 $175,150 $175,150 $203,400
15 $125,400 $136,800 $148,200 $176,700 $176,700 $205,200
16 $126,500 $138,000 $149,500 $178,250 $178,250 $207,000
17 $127,600 $139,200 $150,800 $179,800 $179,800 $208,800
18 $128,700 $140,400 $152,100 $181,350 $181,350 $210,600
19 $129,800 $141,600 $153,400 $182,900 $182,900 $212,400
20 $130,900 $142,800 $154,700 $184,450 $184,450 $214,200
21 $132,000 $144,000 $156,000 $186,000 $186,000 $216,000
22 $133,100 $145,200 $157,300 $187,550 $187,550 $217,800
23 $134,200 $146,400 $158,600 $189,100 $189,100 $219,600
24 $135,300 $147,600 $159,900 $190,650 $190,650 $221,400
25 $136,400 $148,800 $161,200 $192,200 $192,200 $223,200
26 $137,500 $150,000 $162,500 $193,750 $193,750 $225,000
27 $138,600 $151,200 $163,800 $195,300 $195,300 $226,800
28 $139,700 $152,400 $165,100 $196,850 $196,850 $228,600
29 $140,800 $153,600 $166,400 $198,400 $198,400 $230,400
30 $141,900 $154,800 $167,700 $199,950 $199,950 $232,200
31 $143,000 $156,000 $169,000 $201,500 $201,500 $234,000
32 $144,100 $157,200 $170,300 $203,050 $203,050 $235,800
33 $145,200 $158,400 $171,600 $204,600 $204,600 $237,600
34 $146,300 $159,600 $172,900 $206,150 $206,150 $239,400
35 $147,400 $160,800 $174,200 $207,700 $207,700 $241,200
36 $148,500 $162,000 $175,500 $209,250 $209,250 $243,000
37 $149,600 $163,200 $176,800 $210,800 $210,800 $244,800
38 $150,700 $164,400 $178,100 $212,350 $212,350 $246,600
39 $151,800 $165,600 $179,400 $213,900 $213,900 $248,400
40 $152,900 $166,800 $180,700 $215,450 $215,450 $250,200
Sec. 2-323. Salary ranges.

The city council shall annually appropriate a sum of money sufficient to pay the salaries of the several officers of the city in accordance with the salary range determined by the municipal compensation advisory board, as amended:

Elected City Officials Salary
Mayor $180,000
President of the City Council $45,000
Councilor $40,000
School Committee Chair $17,500
School Committee $15,000
Non-elected City Positions Category
Administrative assistant I
Case manager I
Community health worker I
Crossing guard supervisor I
Digital navigator I
Grants analyst I
Hearing officer I
Homelessness project coordinator I
Housing intake specialist I
Kitchen manager I
Program compliance officer I
Project assistant I
Receptionist I
Records clerk I
Senior center coordinator I
Somerbaby family support worker I
Victim witness advocate I
311 floor supervisor II
ADA coordinator II
ADA field associate II
Affordable housing coordinator II
Analyst - Fire II
Arts coordinator and event manager II
Arts coordinator and kitchen manager II
Arts coordinator and office manager II
Assistant pool manager II
Benefits coordinator II
Child care access coordinator II
Civil engineer II
Clinical coordinator II
Commissions coordinator II
Communications coordinator II
Community engagement specialist II
Community outreach coordinator II
Community service manager II
Construction liaison and design manager II
Construction liaison and compliance manager II
Coordinator law enforcement partnerships II
Crime analyst II
Customer experience manager II
Director of tobacco control II
Electronic records program manager II
Employee engagement and retention specialist II
Environmental health coordinator II
Environmental policy manager II
Executive administrative assistant II
Facilities coordinator II
Food access coordinator and market manager II
Grant writer II
Health and wellness coordinator II
Health communications officer II
Healthy community coordinator II
Home improvement project coordinator II
Housing case manager - landlord outreach II
Housing development program manager II
Housing intake supervisor II
Housing policy coordinator II
Housing search case manager II
Human resources generalist II
Inclusionary housing specialist II
IT communications specialist II
Jail diversion clinician II
Language justice specialist II
Legal administrative assistant II
Legal services coordinator and immigration policy analyst II
LGBTQ+ services coordinator II
Licensing operations manager II
Onboarding coordinator II
Out of school time coordinator II
Paralegal/legal assistant II
Payroll coordinator II
Planner II
Post secondary success program manager II
Prevention services coordinator II
Procurement analyst II
Producer and senior program director II
Program coordinator - Council on Aging II
Program development policy and outreach coordinator II
Program specialist - inclusionary and fair housing II
Program specialist - fair housing and operations support II
Project analyst II
Project assistant II
Project manager II
Project specialist II
Public health outreach specialist II
Quality assurance manager II
Recruiter II
Residential retrofit energy advisor II
RSJ investigator II
Sanitation and hazardous materials program manager II
Senior accountant II
Shared services coordinator II
Small business permitting liaison II
Social worker library II
SomerPromise coordinator II
Sustainability planner II
Teen spaces coordinator II
Veterans benefits administrator II
Water and Sewer engineer II
Water systems analyst II
Web content administrator II
Web content writer II
Workforce development coordinator II
Workforce development planner II
Youth and family resource navigator II
Youth workplace learning coordinator II
311 systems administrator IIS
Accountant IIS
Accountant/business analyst IIS
Accounting analyst IIS
Analyst IIS
ARPA grant administrator IIS
Assistant archivist IIS
Benefits specialist IIS
Billing analyst IIS
Clinical youth specialist IIS
Construction public information officer IIS
Emergency communications public information officer IIS
GIS coordinator IIS
Legislative and policy analyst IIS
Manager of employment safety and training IIS
Multilingual public information officer IIS
Procurement manager IIS
Project manager IIS
Public information officer IIS
Social worker - geriatric IIS
Social worker - HHS IIS
Traffic engineer IIS
Tree warden IIS
Analyst - capital budget III
Assessor analyst III
Benefits manager III
Budget analyst III
Building improvements manager III
Case manager supervisor III
Client services manager III
Climate change program manager III
Community health worker manager III
Community preservation act manager III
Contact center manager III
Cultural director III
Deputy director of administration and finance III
Director of youth services III
Director of Office of Food Access and Healthy Communities III
Director of prevention services III
EdTV manager and CityTV senior producer III
Energy manager III
Environmental health manager III
Finance manager - Communications III
Finance manager - OSE III
Finance manager - Police III
Green facilities manager III
Home improvement program manager III
Housing grants manager III
Human resources manager III
Inclusionary housing program manager III
Language services coordinator III
Lead executive administrative assistant III
Legislative services manager III
Manager Kennedy Pool III
Network manager III
Parks and Recreation operations director III
Parks and Recreation program manager III
Preventive maintenance manager III
Project manager III
Racial and Social Justice coordinator III
Recruitment and retention manager III
Residential decarbonization program manager III
Senior case manager III
Senior crime analyst III
Senior IT specialist III
Senior planner III
Senior procurement manager III
Senior zoning review planner III
Service operations manager III
Strategic planning and equity manager III
Wraparound service manager III
Archivist IIIS
Building systems manager IIIS
Commercial assessor IIIS
Deputy director of Community Outreach, Help, and Recovery IIIS
Digital innovation officer IIIS
Director of finance and administration - Fire IIIS
Director of finance and administration - IAM IIIS
Director of finance and administration - Police IIIS
Finance manager - Health and Human Services IIIS
Finance manager - OSPCD IIIS
Finance manager - Recreation IIIS
Fleet manager IIIS
GIS manager IIIS
Internal auditor IIIS
Legislative liaison IIIS
Manager of accounts payable IIIS
Manager of residential assessments IIIS
Principal analyst IIIS
Program evaluation manager IIIS
Social services manager IIIS
Utility billing manager IIIS
Assistant city solicitor IIIM
Housing counsel IIIM
Senior civil engineer IIIM
Senior project manager IIIM
Senior traffic engineer IIIM
Stormwater program manager IIIM
Advocacy director IV
Assistant city clerk IV
Assistant director of housing IV
Deputy assessor IV
Deputy chief procurement officer IV
Deputy city auditor IV
Deputy collector IV
Deputy director of Capital Projects IV
Deputy director of Communications IV
Deputy director of Constituent Services IV
Deputy director of Economic Development IV
Deputy director of Emergency Management IV
Deputy director of Engineering Projects IV
Deputy director of Engineering Services IV
Deputy director of Grants Development IV
Deputy director of Housing Stability IV
Deputy director of Human Resources IV
Deputy director of Inspectional Services IV
Deputy director of IT IV
Deputy director of Libraries IV
Deputy director of Planning and Zoning IV
Deputy director of Racial and Social Justice IV
Deputy director of SOIA and language justice coordinator IV
Deputy treasurer IV
Director of CityTV operations and video services IV
Director of Community Outreach, Help, and Recovery IV
Director of Council on Aging IV
Director of finance and administration - DPW IV
Director of finance and administration - Water and Sewer IV
Director of Somerpromise IV
Director of Veterans Services IV
Human Resources administrator part time IV
Parking clerk/director of operations IV
Payroll director IV
Superintendent of Buildings and Custodians IV
Superintendent of Grounds IV
Superintendent of Highway IV
Superintendent of Sewer IV
Superintendent of Water IV
Web content and development director IV
ARPA director V
Budget director V
Chairman of Elections V
Chief of staff V
City clerk V
Deputy director of HHS human services V
Deputy director of HHS public health V
Director of Arts Council V
Director of Constituent Services V
Director of DPW operations V
Director of Economic Development V
Director of finance and community development V
Director of Grants and External Funds V
Director of Housing V
Director of Housing Stability V
Director of Intergovernmental Affairs V
Director of Mobility V
Director of Parking V
Director of Parks and Recreation V
Director of Planning and Zoning V
Director of Public Space and Urban Forestry V
Director of Racial and Social Justice V
Director of SomerStat V
Director of Somerville Office of Immigrant Affairs V
Director of the Office of Sustainability and the Environment V
Chief assessor/chairman of the Board of Assessors VS
Chief information officer VS
Chief procurement officer VS
City auditor VS
Director of Capital Projects VS
Director of Engineering VS
Director of Human Resources VS
Director of Inspectional Services VS
Director of Libraries VS
Director of Water and Sewer VS
Emergency Management director VS
Treasurer/collector VS
Deputy city solicitor VM
Chief administrative officer VI
Commissioner of DPW VI
Director of Communications VI
Director of Health and Human Services VI
Director of Infrastructure and Asset Management VI
Executive director of OSPCD VI
Finance director VI
City solicitor VIM
Sec. 2-324. Stipends of the boards and commissions.
Position Salary
Board of Assessors $9,107.40
Board of Health $3,600.00
Condominium Review Board $3,600.00
Election Commission $3,600.00
Licensing Commission $3,600.00
Planning Board $5,607.49
Redevelopment Authority $3,600.00
Zoning Board of Appeals $5,607.49
Zoning Board of Appeals Alternate $2,803.80
Sec. 2-325. Reserved.
ARTICLE VII. PERSONNEL PROGRAM
Sec. 2-326. Personnel program.

It is the purpose of this article to establish a comprehensive personnel program in the city . The system of personnel administration established herein shall be consistent with the following merit principles:

  1. (1) Selection and advancement shall be made on the basis of ability, knowledge, and skills; (2) Compensation shall be established on an equitable basis; (3) Training and development opportunities shall be provided as needed to assure high-quality performance by all employees; (4) Retention of employees shall be on the basis of their performance. A reasonable effort shall be made to assist employees in improving work performance; and if, following such effort, inadequate performance cannot be corrected, separation shall occur; (5) Fair treatment of applicants and employees shall occur in all aspects of personnel administration without regard to race, color, religion, sex, national origin, political affiliation, age, family or relationship structure , sexual orientation, or handicap and with proper regard for their privacy and constitutional rights.
Sec. 2-327. Personnel department.

There is hereby established in the city government a department of personnel, hereinafter referred to as the "department."

Sec. 2-328. Director of personnel.

The personnel department shall be headed by a director of personnel hereinafter referred to as the "director" who shall be appointed by the mayor , subject to the confirmation of the city council, for a term of two years. The director shall be specially fitted by education, training and experience to perform the duties and assume the responsibilities of his or her office. He or she shall devote his or her entire time to said duties and responsibilities and his or her compensation shall be fixed by the city council. He or she shall employ such technical, professional and other assistants as the mayor and the city council shall from time to time authorize. The director of personnel shall be a noncivil service position.

Sec. 2-329. Director of personnel duties.

It shall be the duty and responsibility of the director of personnel to:

  1. (1) Develop and direct a comprehensive personnel program for the city ; (2) Formulate and issue personnel policies, procedures and directives sufficient to implement the personnel program; (3) Explain and advise municipal employees and other interested parties on provisions of the civil service law and rules, as they pertain to the personnel program; (4) Review department requests for raw personnel and make recommendations to the mayor and city council on same; (5) Provide advice and technical assistance to department heads and elected and appointed supervisory officials on all personnel matters, including position classification, wage and salary administration, recruitment and placement, employee relations, performance evaluation, disciplinary actions, employee grievances, training and development and the interpretation and administration of collective bargaining agreements; (6) Establish and administer a position classification plan for the classification of all positions, other than those filled by popular election, into groups and classes doing substantially equal responsibilities so that equal compensation for equal work will be guaranteed. Such classification plan shall set forth, for each class of positions, the official class title, a statement of duties, authority and responsibilities included in the class, the qualifications that are necessary or desirable for the satisfactory performance of the duties of the class and the normal or usual line of promotion. Whenever a new position is established, or the duties of an existing position are so changed that in effect a new position is created, the director shall allocate such new or changed position to its appropriate group subject to the approval of the mayor. The director, from time to time shall review all work of all positions subject to the classification plan. Such reviews shall be scheduled as to cover all such positions at intervals of not more than three years; (7) Develop and administer a recruitment and placement program designed to fill vacant positions with the best qualified persons ; (8) Ensure that the civil service law and rules are adhered to in all personnel transactions; (9) Determine before any person shall be hired, reinstated, promoted or transferred that: a. There is an existing vacancy or that a new position has been created; b. The wages or salary that is proposed to be paid is in accordance with the terms of the appropriate collective bargaining agreement in force, or law or ordinance; c. There is compliance with the civil service law and rules; d. The proposed transaction has received the approval of the appointing authority; (10) Develop and implement a performance evaluation program designed to provide for the periodic evaluation, in writing , by appropriate supervisory personnel of the job performance of all employees, except elected officials; (11) Prepare and implement training and employee development programs to meet the needs of the various departments; (12) Formulate, subject to approval by the mayor and the city council, rules and regulations governing, with respect to all employees except elected officials and employees covered by collective bargaining agreements, hours of work, payment of compensation, holiday pay, payment of overtime and other premium or extra compensation, annual leave, sick leave, other leave with pay, leave without pay, workmen's compensation and pay for personal injury sustained in the line of duty, payment for and attendance at educational courses, seminars, conferences, uniform allowances and group health and life insurance; (13) Provide assistance to individual employees on all personnel matters; (14) Process all personnel actions and maintain personnel records of all employees, including elected officials; (15) Develop, in consultation with appropriate officials and department heads, standardized forms and records to be used in the personnel program; (16) Supervise the registration of eligible persons for labor service positions; (17) Establish and administer an accident prevention and physical examination program for all prospective and current employees; (18) Review and appraise the effectiveness of each element of the personnel program on a periodic basis and make reports and recommendations to the mayor and the city council concerning methods of promoting the efficiency and effectiveness of same; (19) Recommend to the mayor and the city council the enactment of such ordinances as are considered necessary to implement and administer the personnel program; (20) Perform such other duties and assume such other responsibilities as may be prescribed by law or ordinance from time to time; (21) Oversee and administer all employee benefit programs; (22) Participate in, advise on, and administer collective bargaining agreements.
Sec. 2-330. Office of affirmative action.

There shall be within the department of personnel an office of affirmative action to be headed by an affirmative action officer who shall be appointed by the director and shall serve at his or her pleasure. Said affirmative action officer shall be responsible for developing and implementing an affirmative action plan for the recruitment and placement of qualified minority, female and handicapped applicants for employment into appropriate positions within the several city departments. For the purpose of this section, the director may also serve as the affirmative action officer.

Cross reference(s) – Affirmative action program, § 2-2 .

The city solicitor shall advise and assist the director of personnel in the processing and final disposition of all claims for workmen's compensation; in the interpretation and administration of collective bargaining agreements and in any other legal matters pertaining to said department.

Cross reference(s) – City solicitor qualifications and duties, § 2-121 .

Sec. 2-332. Applicant selection.
  1. (a) The director of personnel may utilize any one or a combination of the following selection procedures which in his or her professional judgment will best determine the fitness and ability of the applicants for entry-level and promotional positions: (1) A written examination; (2) A structured oral examination; (3) A practical or performance test; (4) A formal evaluation of education and experience; (5) A structured interview; (6) A formal evaluation of past performance; (7) A physical test of strength, ability or dexterity; (8) A preemployment physical and or psychological examination; (9) Any other appropriate means of fitness evaluation.
  2. (b) The director of personnel, after consultation with the department head and the appointing authority, may determine in each instance what procedure or combination of procedures shall be used and the relative weight assigned to each part of the examination. The director shall also assure that all selection procedures are job related and that they emphasize, to the maximum extent possible, validity, reliability and objectivity.
Sec. 2-333. Physical examination requirement.

Before any individual is hired or employed on a permanent, full-time basis, he or she shall satisfactorily pass a preemployment physical examination to be administered without charge to the individual by a physician designated by the city . Said physicians shall certify as to the applicant's physical fitness to perform the duties of the position to which such applicant seeks employment. If the director deems such action necessary to the protection of the city, he or she may require any applicant for temporary appointive employment by the city who is to be employed for 30 days or more, to be certified by a physician designated by the city, as to his or her physical fitness to do the work required by the city.

Cross reference(s) – Health, Ch. 6.

Sec. 2-334. Labor relations and civil service.

Nothing in this article shall be construed to limit any rights of employees pursuant to Chapter 150E of the General Laws specifically including but not limited to a grievance procedure culminating in final and binding arbitration, as provided in Section 8 of Chapter 150E of the General Laws. Nothing in this article shall be construed to conflict with Chapter 31 of the General Laws.

Sec. 2-335. School committee exemption.

The provisions of this article shall not apply to the school committee of the city or to any of its employees unless said school committee shall, by majority vote, request such application.

Charter reference(s) – School committee generally, ARTICLE 5 .

Secs. 2-336-2-350. Reserved.
ARTICLE VIII. FINANCE*

*Charter reference(s) – Appropriations for expenditures, § 18; appointment of person to examine books and accounts, § 22; estimate of expenses, § 46; restrictions on appropriations, § 48.

Cross reference(s) – Capital improvement budget, § 2-23 ; fees paid to officers, § 2-63 ; city auditor duties, § 2-81 et seq.; fees and monies collected, § 2-103 ; settlement of claims against the city , § 2-124 ; settlement of claims for the city, § 2-125 , city treasurer duties, § 2-151 et seq.; planning board expenditure of funds, § 2-235 .

State law reference(s) – Municipal finance generally, M.G.L.A . c. 44.

DIVISION 1. GENERALLY
Sec. 2-351. Bonds.

All bonds issued by the city shall be signed by the city treasurer and countersigned by the mayor and the city auditor, and shall bear the seal of the city. Said bonds shall be disposed of under the direction of the mayor in such manner as may best promote the interests of the city.

Sec. 2-352. Payment of bonds.

Instead of establishing a sinking fund for the payment of the indebtedness of the city , the city council shall provide for the payment of such indebtedness by such annual proportionate payments as will extinguish the same within the time prescribed by law, and the amount required thereby shall be assessed by the assessors of the city in each year thereafter, until the debt shall be extinguished, in the same manner as other taxes are assessed.

Cross reference(s) – Report of funded debt payments required to be raised by taxation, § 2-84 .

Sec. 2-353. Authentication of temporary loans and bonds.
  1. (a) Every note for temporary loans shall be signed by the city treasurer and countersigned by the mayor and the city auditor.
  2. (b) Every note for temporary loans and every bond of the city hereafter issued shall bear the authenticating certificate of a trust company or national bank doing business in this commonwealth ; and without such certificate, shall not be valid.
Sec. 2-354. Bonds with personal sureties.

No bond given for the protection of the city , with personal surety or sureties shall be accepted or approved until each surety has made and subscribed a statement under oath that he or she is worth an amount exceeding the amount of such bond over and above all liabilities and indebtedness, and the statement so made shall designate sufficient property, real or personal, to cover the requirement of the bond and shall be kept on file with the bond in connection with which said statement is made.

Sec. 2-355. Responsible employer ordinance.
  1. (a) The city council hereby finds and determines that the failure of certain construction firms awarded contracts funded by the city to include and enforce provisions requiring compliance with state laws governing the payment of prevailing wages, the provision of workers compensation coverage, and the proper classification of individuals as employees and not as independent contractors, as well as provisions concerning health insurance coverage and state-certified apprenticeship programs, is injurious to the life, health and happiness of individuals employed by such firms and is deleterious to the quality of life in the city where most of such individuals reside.
  2. (b) Every contract awarded by the city under G. L. c. 149, § 44A (2) where the amount of the contract is more than $100,000.00, and any subcontract awarded in connection with any such general contract where the amount of such subcontract is more than $25,000.00, shall be deemed to incorporate by reference the provisions of sub-parts (1) through (5) of this subsection together with the provisions of subsections (c), (d) and (e) of this section. (1) The bidder and all subcontractors under the bidder shall comply with the requirements of G. L. c. 149 concerning the payment of prevailing wage rates to their employees; (2) The bidder and all subcontractors under the bidder must maintain and participate in a bona fide apprentice training program as defined by G. L. c. 23, §§ 11H & 11I for each apprenticeable trade or occupation represented in its workforce that is approved by the division of apprentice training of the department of labor and workforce development of the Commonwealth and must abide by the apprentice to journeymen ratio for each trade prescribed therein in the performance of the contract; (3) The bidder and all subcontractors under the bidder must offer, at its expense, hospitalization and medical benefits for all individuals employed on the project or coverage which is comparable to the hospitalization and medical benefits provided by the health and welfare plans in the applicable craft recognized by G. L. c. 149, § 26, in establishing minimum wage rates. All such plans shall meet or exceed state requirements for such plans. (4) The bidder and all subcontractors under the bidder must maintain appropriate industrial accident insurance coverage in accordance with G. L. c. 152 for all individuals employed on the project; (5) The bidder and all subcontractors under the bidder must properly classify individuals employed on the project as employees rather than independent contractors and comply with all laws concerning workers’ compensation insurance coverage, unemployment taxes, Social Security taxes and income taxes as respects all such employees.
  3. (c) All bidders and all subcontractors under such bidders who are awarded, or otherwise obtain, contracts from the city on projects governed by G. L. c. 149, § 44A (2), shall comply with the obligations described in sub-parts (1) through (5) of subsection (b) of this section for the entire duration of their work on the project, and an officer of each such bidder or subcontractor under the bidder shall certify under oath and in writing on a weekly basis that they are in compliance with these obligations.
  4. (d) Any bidder or subcontractor under the bidder who fails to comply with any of the obligations described in sub-parts (1) through (5) of subsection (b) of this section for any period of time, or fails to comply with the weekly certification obligations described in subsection (c) of this subsection shall be subject to any or all of the following sanctions: (1) Temporary suspension of work on the project until compliance is obtained; or, (2) Withholding by the city of payment due under the contract until compliance is obtained; or, (3) Permanent removal from any further work on the project; or, (4) Recovery by the city from the general contractor of 1/10 of one percent of the general contract or $1,000.00, whichever sum is greater, in the nature of liquidated damages assessed for each week that the general contractor is in non-compliance or, if a subcontractor is in non-compliance, the recovery by the city from the general contractor as a back charge against the subcontractor of 1/10 of one percent of the subcontract price, or $400.00, whichever sum is greater, in the nature of liquidated damages assessed for each week that the subcontractor is in non-compliance.
  5. (e) In addition to these sanctions a general bidder or contractor shall be equally liable for any violation of the obligations described in sub-parts (l) through (5) of subsection (b) of this section committed by any of its subcontractors or sub bidders, excepting only those violations which arise from work performed by subcontractors with subcontracts governed by G. L. c. 149, § 44F. Any contractor or subcontractor who has been determined to have violated any of the provisions of subsections (b) or (c) of this section shall be barred from performing any work on any future contracts awarded by the city for six months for the first violation, three years for the second violation, and permanently for a third violation.
  6. (f) The provisions of this section shall not apply to construction projects for which the low general bid was less than $100,000.00, or to work performed pursuant to subcontracts governed by G. L. 149, § 44F where the bid for such subcontract was less than $25,000.00.
Sec. 2-356. Audits of books and accounts.

The mayor shall as often as he or she may deem expedient, employ a certified public accountant to examine and audit the books and accounts of the city treasurer and collector of taxes, comparing them and verifying them with the books, accounts, papers, vouchers and documents of the city auditor, city treasurer, city clerk, and of any committee, board or officer of the city. Said examination shall include a verification of cash balance, founded upon actual proof, as shown by the books and accounts; and a full report of the examination shall at once be made to the city council. The committee on finance shall have full power and authority to require the city auditor to examine the books and accounts of the city treasurer and collector of taxes whenever it may deem expedient, and to report in full to the city council the result of such examination.

Cross reference(s) – City treasurer duties, § 2-151 et seq.

Sec. 2-357. Settlement of claims for the city.

The mayor may with the approval of the head of department and the city solicitor make settlements of claims in favor of the city and sign, seal and deliver in the name and behalf of the city release for not more than $10,000.00 on any one claim.

Cross reference(s) – Similar provisions, § 2-125 .

Sec. 2-358. Annual audits of books and accounts.

The accounts and records of the city shall be audited annually by the state department of corporations and taxation, division of accounts.

Sec. 2-359. Attendance at conventions or conferences before the annual appropriation order.

During the period after the expiration of any fiscal year and before the regular appropriations have been made by the city council, the city officials who are authorized to make expenditures in carrying on the work of the several departments entrusted to them, are hereby forbidden to attend any convention or conference at the expense of the city, without first obtaining approval of the city council for the incurring of said expense.

Sec. 2-360. Transfers and supplemental appropriations.

After the annual order of appropriation has been passed, no subsequent expenditures shall be authorized for any object, unless provisions for the same shall be made either by special transfer from some of the appropriations contained in said annual order, by appropriation from available cash surplus or by loans on funded debt account; provided that, if, after a veto by the mayor of any item or sum named in said annual order of appropriations, the board fails to pass said item or sum over said veto, the board may, subject to the approval of the mayor, add the sum so vetoed, or a part thereof, to any of the items which have not been vetoed; and provided, also, that any unappropriated funds in the city treasury may be appropriated at any time after the passage of the annual order of appropriations.

Sec. 2-361. Warrants.

All warrants for the payment of any sums by the treasurer must be drawn by the city auditor and approved by the mayor . The mayor shall not, after the passage of the annual order of appropriations, approve a warrant for the payment of any sum from any account until he or she has ascertained that there is a sufficient sum standing to the credit of such account.

Sec. 2-362. Warrant timing.

The city treasurer shall receive the warrants authorizing the payment of bills on or before the twelfth day of each month , and on the fifteenth day of each month, or if said fifteenth day shall be Sunday or a holiday, then on the first secular day following, be prepared to pay the same. He or she may pay any bond, note or interest which may mature, upon receipt of a warrant therefor approved by the city auditor and the mayor .

Sec. 2-363. Exception to warrant timing.

Any account may be paid by the city treasurer in anticipation of the regular payroll upon a proper warrant therefor approved by the auditor and the mayor .

Sec. 2-364. Payrolls and payments.
  1. (a) All boards and officers charged with the expenditure of money shall, on or before the third day of each month approve their respective payrolls and the bills belonging thereto, and present them to the city auditor.
  2. (b) Said boards and officers shall include in their respective payrolls all bills necessarily incurred for the actual running expenses of their several departments, together with all sums made payable by special orders of the city council, judgments of the courts, and legislative enactments; but for no other purpose except by order of said board.
Sec. 2-365. Biweekly payrolls.

The payrolls of all employees required by law to be paid bi-weekly shall be made up to the end of every other calendar week and sent, within 48 hours thereafter, to the city auditor, who shall, if the payrolls are correct, approve and send the same within 24 hours of the receipt thereof by him or her to the mayor . The mayor, if satisfied of their correctness, shall sign a warrant drawn by the city auditor for the city treasurer to pay the amounts thereof, and the city treasurer may thereupon pay the same.

Sec. 2-366. Payrolls for school teachers.

School teachers' salaries shall be paid in 21 payments during the school year September to June, each payment to be one twenty-first of the annual salary. The secretary of the school committee shall submit to the city auditor, on alternate Wednesdays, a payroll providing for the payment to each school teacher of one twenty-first of the annual salary of each teacher. After such payroll has been examined and approved by the city auditor, he or she shall forthwith sign a warrant, drawn upon the city treasurer, to pay the amount thereof. The warrant shall be submitted to the mayor , who shall, if satisfied of the correctness of the payroll and warrant, approve the warrant. The city treasurer shall pay to each teacher the amount of salary due according to each payroll on the Tuesday after the submission of the payroll to the city auditor. The first payroll is to be payable the first Tuesday after the opening of schools in September, and the twenty-first payment shall be due within seven calendar days of the teachers' last workday.

Sec. 2-367. Payrolls for contracts.

Payrolls for money to be paid on account of contracts for work begun, but not completed, shall pass through the same course as herein provided for the monthly payrolls, except that the provisions in regard to time shall not apply thereto.

Sec. 2-368. Payments of court judgments.

The city treasurer may, with the approval of the city solicitor, on warrants drawn by the city auditor and approved by the mayor , pay all judgments of the courts in anticipation of the payrolls.

Sec. 2-369. Contracts for services, supplies and construction.
  1. (a) Every contract for services and supplies, as defined by Chapter 30B, of the General Laws , shall be governed by Chapter 30B of the General Laws as amended. In addition all such contracts shall be subject to the following: (1) Reserved. (2) Unless authorized by a majority of the city council, the procurement officer or any other department shall not solicit or award a contract for a term exceeding three years, including renewals, extensions, or option contracts. This subsection shall apply to all contracts, including contracts that are otherwise exempt from this section and the provisions of Chapter 30B of the General Laws. (3) All contracts, made by any department, board, or commission of the city, where the amount is $10,000.00 or more, shall be in writing, and no such contract required to be in writing shall be deemed to have been executed until the approval of the mayor, procurement officer, auditor, and department, board or commission making the contract has been affixed thereto. Payments, for any item or service, shall not be made until after the execution of such contract. This section shall apply to all contracts, including contracts that are otherwise exempt from this section and the provisions of Chapter 30B of the General Laws. (4) All contracts, including contracts that are otherwise exempt from this section and the provisions of Chapter 30B of the General Laws, may be required to be accompanied by a bond with sureties, a deposit of money, certified check or other security for the faithful performance thereof, satisfactory to the procurement officer or department head and deposited with the city treasurer. No such contract shall be altered except by written agreement of the contractor, the procurement officer or department head making the contract with the approval of the mayor affixed thereto. (5) Any contractor who has been found by a court of competent jurisdiction to have performed substandard work which do not comply with the terms of the contract shall not be eligible to bid or be awarded a contract for a period of six years from the date of the filing of such court.
  2. (b) Every contract for construction as defined by Chapter 149, Section 44A of the General Laws and Chapter 30, Section 39M of the General Laws shall be governed by Chapter 149, Section 44A-I of the General Laws and Chapter 30, Sections 39A-P and 40 of the General Laws as amended. In addition to the aforementioned, every contract for construction shall be subject to the following: (1) Reserved. (2) All contracts, made by any department, board, or commission of the city, where the amount is $10,000.00 or more, shall be in writing, and no such contract required to be in writing shall be deemed to have been executed until the approval of the mayor, procurement officer, auditor, and department, board or commission making the contract has been affixed thereto. Payments, for any work or materials, shall not be made until after the execution of such contract. This section shall apply to all contracts, including contracts that are otherwise exempt from this section. (3) No such contract shall be altered except by written agreement of the contractor, the procurement officer or department head making the contract with the approval of the mayor affixed thereto. (4) Any contractor who has been found by a court of competent jurisdiction to have performed substandard work which did not comply with the terms of the contract shall not be eligible to bid or be awarded a contract for a period of six years from the date of the filing of such court.

Charter reference(s) – Certain contracts to be accompanied by bond, meet other requirements, § 46A.

Sec. 2-370. Custody of contracts.

All contracts shall be kept in the custody of the city auditor.

Charter reference(s) – City auditor to certify contract appropriation, § 46C.

Sec. 2-371. Water and sewer income and expenses.

The revenue accrued by the city's water and sewer department shall be credited to the respective enterprise funds for the current year's revenue, with the estimated amount intended to self-sustain. Appropriations in the annual budget will be designated to cover necessary expenses of the department, including but not limited to the payment of assessments to the Massachusetts Water Resources Authority (MWRA), the expenses of the department, and all debt service obligations.

Cross reference(s) – Interference with water system, § 11-121 et seq.

Sec. 2-372. Accounts receivable.

The several boards and officers of the city shall, as often as practicable, deliver to the city auditor for collection all accounts against persons indebted to the city, together with certified statements of the same. The city auditor, after making a record of the same, shall deliver said accounts and statements to the city treasurer for collection, and no board or officer, except the city treasurer, shall receive payment of any such account.

Sec. 2-373. Revolving funds.
  1. (a) Purpose. This section establishes and authorizes revolving funds for use by city departments, boards, committees, agencies or officers in connection with the operation of programs or activities that generate fees, charges or other receipts to support all or some of the expenses of those programs or activities. These revolving funds are established under and governed by General Laws Chapter 44, § 53E½.
  2. (b) Expenditure limitations. A department or agency head, board, committee or officer may incur liabilities against and spend monies from a revolving fund established and authorized by this section without appropriation subject to the following limitations: (1) Fringe benefits of full-time employees whose salaries or wages are paid from the fund shall also be paid from the fund. (2) No liability shall be incurred in excess of the available balance of the fund. (3) The total amount spent during a fiscal year shall not exceed the amount authorized by the city council on or before July 1 of that fiscal year, or any increased amount of that authorization that is later approved during that fiscal year by the mayor and the city council.
  3. (c) Interest. Interest earned on monies credited to a revolving fund established by this section shall be credited to the general fund.
  4. (d) Procedures and reports. Except as provided in General Laws Chapter 44, § 53E½ and this section, the laws, Charter provisions, ordinances, rules, regulations, policies or procedures that govern the receipt and custody of city monies and the expenditure and payment of city funds shall apply to the use of a revolving fund established and authorized by this section. The city auditor shall include a statement on the collections credited to each fund, the encumbrances and expenditures charged to the fund and the balance available for expenditure in the regular report the city auditor provides the department, board, committee, agency or officer on appropriations made for its use.
  5. (e) Authorized revolving funds. The table establishes: (1) Each revolving fund authorized for use by a city department, board, committee, agency or officer; (2) The department or agency head, board, committee or officer authorized to spend from each fund; (3) The fees, charges and other monies charged and received by the department, board, committee, agency or officer in connection with the program or activity for which the fund is established that shall be credited to each fund by the city auditor; (4) The expenses of the program or activity for which each fund may be used; (5) The fiscal years each fund shall operate under this section.
Revolving Fund Department, Board, Committee, Agency or Officer Authorized to Spend from Fund Fees, Charges or other Receipts Credited to Fund Program or Activity Expenses Payable from Fund Fiscal Years
Special events DPW commissioner Special event fees charged to vendors, private concerns and users Payment for labor and equipment used for preparation and cleanup costs related to special events held in public areas. Such payments include: employee salaries, wages and benefits, custodial costs, utilities, ordinary maintenance and supplies. Fiscal year 2018 and subsequent years
Mobile farmer's market HHS director Funds generated from the sale of culturally different fresh produce to the ethnically diverse population of Somerville Purchase of various culturally appropriate fresh produce and fruits for Somerville mobile farmer's market Fiscal year 2018 and subsequent years
Council on aging Council on aging director Fees and charges received from seniors for participating in various senior citizens programs The funds collected are used to cover the costs associated with various senior center activities such as monthly dances, various trips, social and cultural events and the mayor’s annual senior citizen picnic Fiscal year 2018 and subsequent years
Planning and zoning Planning director Fees paid by applicants for notifications and public hearing expenses Payments for advertising costs for notifications and public hearings and postage for required mailings for the zoning board of appeals and planning zone Fiscal year 2018 and subsequent years
Somertime revolving Recreation superintendent Deposits for tuition, tuition fees and the cost of extra t-shirts. Late fees for parental pick up after closing hours Expenses required to enable the program to be sustainable are: salaries, food and refreshments, program supplies, t-shirts, field trips admission fees and transportation Fiscal year 2018 and subsequent years
Dedication sign Traffic and parking director Fees received from private parties to sponsor various dedication signs Payments to manufacture and install various dedication signs throughout the city Fiscal year 2018 and subsequent years
Community gardens OSPCD- Transportation and Infrastructure Plot fees collected from residents for space at one of the local gardens Stipend for the Citywide Garden Coordinator. Supplies and equipment for safe maintenance and operation of the gardens. Expenses for attendance at in-state conferences or shows related to gardening. Fiscal year 2019 and subsequent years
Nibble Kitchen revolving fund Director of the arts council Sales of food and merchandise sold through the Nibble Program. Kitchen and festival vending sales. Payment for rent, food supply vendors, program supply vendors, and professional service vendors relating to the operation of the kitchen and festival vending sales. Fiscal year 2020 and subsequent years
Vaccine revolving fund Director, Health and Human Services Vaccine reimbursement claims from health insurance companies Payment of clinical and administrative resources needed to offer a range of vaccinations to City of Somerville community members. Expenses include: clinical supplies (needles, syringes, sharps containers, band-aids, Epi-Pens, etc.); and administrative support and supplies (technology, printing/communication, staffing, interpreters, software) Fiscal year 2024 and subsequent years
Sec. 2-374. Real property license agreements not to exceed three years.

Unless authorized by a majority of the city council, the city shall not enter into a license agreement with respect to real property exceeding three years, including renewals, extensions, or options.

Sec. 2-375. Prison labor services prohibited.

The city shall not procure, contract, hire, use or retain any labor or services performed, in part or in whole, by people who are serving a residential sentence in a jail, prison, house of correction or other like facility operated by or under the jurisdiction of the Commonwealth of Massachusetts Department of Corrections, a Massachusetts county or municipality, the federal government, or a private correctional facility.

Secs. 2-376-2-380. Reserved.
DIVISION 2. PURCHASING*

*Charter reference(s) – Mayor to appoint purchasing agent, § 21; purchasing agent to make all purchases, § 43 .

State law reference(s) – Purchasing department, purchasing agent, duties and salaries, M.G.L.A . c. 41, § 103

Sec. 2-381. Purchasing department.

There is hereby established in the city government a department of purchasing under the direction of a purchasing agent.

Sec. 2-382. Purchasing agent.

The purchasing agent shall be responsible to the mayor for the entire purchasing program. The purchasing agent shall be specially fitted by education, training, and experience to perform the duties and assume the responsibilities of his or her office. He or she shall devote his or her entire time to said duties and responsibilities. The position of purchasing agent shall be exempt from civil service.

Sec. 2-383. Purchasing agent duties.

The purchasing agent shall have the following responsibilities in addition to any others designated by the mayor :

  1. (1) Upon requisition in writing signed by the head of any department, and subject to the General Laws and the provisions contained in sections 46A and 46C of the Charter , purchase all materials, apparatus, and other supplies required by such departments, except books for the library. The purchasing agent shall purchase all supplies for the school department except textbooks and educational supplies, in accordance with instructions given him or her by the school department. The purchasing agent shall purchase contractual services needed by departments including the repair and maintenance of office equipment, rentals of machinery, equipment, furniture, and all similar contractual services. Contractual services shall not be construed to mean the hiring of department personnel. (2) Discourage collusive or restrictive bidding and endeavor to obtain as full and open competition as possible on all purchases. (3) Assist the designer selection board in the process of prequalification and selection of designers and contractors in accordance with the General Laws. (4) Determine the qualifications of bidders and disqualify irresponsible bidders from awards of contracts by the city . (5) Prepare, adopt, promulgate, and enforce written specifications and all standard commodities. (6) Inspect or supervise inspection of deliveries of supplies, materials, equipment, or contractual services to determine conformance with specifications set forth in order or contract. (7) Maintain a perpetual inventory of all items with their monetary value. (8) Determine and inventory all surplus materials and arrange for sale or reassignment to other city departments. Dispose of or sell all obsolete items. (9) Administer the minority business enterprise program. (10) Establish, and amend when necessary, all rules and regulations authorized by this division. (11) Prescribe and maintain forms necessary to the operation of this division.
Sec. 2-384. Purchase requisitions.

All departments shall submit purchase requisitions to the purchasing department. The purchasing agent shall communicate with the requesting department before deviating substantially from the original request. All approved purchase requisitions submitted by any department, board or commission of the city, where the amount is $500.00 or more, shall be converted into a written purchase order and no such purchase order shall be deemed to have been executed until the approval of the procurement officer and auditor has been affixed to a purchase order.

Secs. 2-385-2-396. Reserved.
DIVISION 3. LIVING WAGE ORDINANCE*
Sec. 2-397. Living wage ordinance.
  1. (a) Somerville Living Wage Ordinance. This division shall be known as the "Somerville Living Wage Ordinance." The purpose of this division is to insure that employees of the city and employees of city contractors and subcontractors earn an hourly wage that is sufficient for a family of four to live at or above the federal poverty level.
Sec. 2-398. Definitions.

Unless another meaning is clearly apparent from the context, the following words as used in this division shall have the following meanings:

Applicable department means the personnel department for employees of the city, the purchasing department for covered employers who contract or subcontract with the city, and the school department for employees, contractors and subcontractors of the school department.

Covered employee means a person employed by the city, or a covered employer other than the city and who directly expends his or her time on the service contract or subcontract with the city.

Covered employer means the city, and anyone who has been awarded a service contract or subcontract with the city after the effective date [July 1, 1999] of the ordinance.

Living wage has the meaning stated in section 2-399 (b) below.

Person means one or more of the following or their agents, employees, servants, representatives, and legal representatives; individuals, corporations, partnerships, joint ventures, associations, labor organizations, educational institutions, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, fiduciaries, and all other entities recognized at law by this commonwealth.

Service contract means a contract for services awarded to a vendor by the city for no less than the following amounts: (i) $50,000.00 for contracts commencing in fiscal year 2000 and 2001, (ii) $30,000.00 for contracts commencing in fiscal year 2002 and 2003, and (iii) $10,000.00 for contracts commencing in fiscal year 2004 and thereafter. Any bids opened prior to the effective date [July 1, 1999] of this division shall not be subject to this division. "Service contract" shall not include any cooperative contracts under which the city is only one of several municipalities entering into a collaborative contract for services with a single service provider. "Service contract" shall not include contracts in which the city enters into a contract for the insurance of city-owned property, including, but not limited to, real property, automobiles, machinery, equipment, computers, and art work; property loaned to or maintained by the city; or liability insurance of any kind.

Services means the furnishing of labor, time, or effort by a contractor, not involving the furnishing of a specific end product other than reports.

Sec. 2-399. Living wage.
  1. (a) Applicability . Covered employers shall pay no less than the living wage to their covered employees .
  2. (b) Amount of wage . The living wage shall be $15.00 per hour upon implementation of this section. Each year thereafter, commencing on July 1, 2019, the amount of the living wage shall be upwardly adjusted each year upon issuance of the Annual Update of the United States Department of Health and Human Services poverty income guidelines, either (i) to the sum equal to the United States poverty income guidelines as established by the United States Department of Health and Human Services for a family of four based on an hourly wage paid for 40 hours of work per week, 50 weeks a year, or (ii) in proportion to the increase, if any, at the immediately preceding December 31 over the year earlier level of the annual average consumer price index for all Urban Consumers (CPI—U) Boston-Lawrence-Salem, MA-NH, as published by the Bureau of Labor Statistics, United States Department of Labor applied to the then existing living wage, whichever produces the higher level. The living wage shall be calculated to reflect the compounded increase in the above-referenced CPI since the inception of this section.
  3. (c) Living wage posting of notice . Each covered employer shall post a notice, to be furnished by the applicable department , informing employees of the protections and obligations provided for in this division, and that for assistance and information, including copies of the ordinance, employees should contact the applicable department. Such notice shall be posted by the covered employer in each location where services are performed by covered employees in a conspicuous place where notices to employees are customarily posted.
  4. (d) Living wage reporting ; maintenance of payroll records. Each covered employer shall maintain payrolls for all covered employees and basic records relating thereto and shall preserve them for a period of three years. The records shall contain the name and address of each employee, the number of hours worked, the gross wages, a copy of the social security returns, and evidence of payment thereof and such other data as may be required by the applicable department from time to time.
  5. (e) Applicable department duties . The applicable department shall cause investigations to be made as may be necessary to determine whether there has been compliance with the provisions of this division.
  6. (f) Covered employer to cooperate . The covered employer shall submit payroll records on request. Upon receipt by the city of information of possible noncompliance with the provisions of this division, the covered employer shall permit city representatives from the applicable department to observe work being performed upon the work site, to interview employees and to examine the books and records relating to the payrolls being investigated to determine payment of wages.
  7. (g) Reduction of nonwage benefits prohibited . No covered employer shall fund wage increases required by the ordinance, or otherwise respond to the provisions of this division, by reducing the health insurance benefits of any of its employees.
Sec. 2-400. Bidding procedures.
  1. (a) The city will award the contract to the lowest responsive and responsible bidder paying the required wage, provided that the bid does not exceed the funds available. If all bids from responsive and responsible bidders paying the required wage exceed the funds available for the contract, the purchasing agent shall reject all bids. If all bids have been rejected or if no responses are received to an invitation for bids or proposals, the mayor may request an exception pursuant to section 2-401 .
  2. (b) Any service contract that is subject to the provisions of this division (and not exempted under section 2-401 ) shall include a certification that the bidder will pay no less than the living wage to all of its covered employees who directly expend their time on the service contract.
Sec. 2-401. Exceptions.
  1. (a) Exceptions . An exception to the requirements of this division, may be granted prior to issuing or reissuing an invitation for bids or proposals. An exception may be granted by the city council upon the request of the mayor or by the school committee where services are to be provided under the school department's budget.
  2. (b) Grounds for granting exceptions . (1) General exception. Exceptions shall be granted where application of this division to a particular contract or employment relationship is found by the city solicitor to violate a specific state or federal statutory, regulatory or constitutional provision or provisions, and the city council approves the exception on that basis. (2) Specific exception. The mayor may apply for a specific exception where payment of the living wage by a covered employer will (i) substantially curtail the services provided by the covered employer, (ii) have an adverse financial impact on the city, or (iii) is not in the best interests of the city.
  3. (c) Contents of general exception requests . All general exception requests shall include the following: (1) The nature of the contract or employment relationship to which this division applies; (2) The conflicting statutory, regulatory or constitutional provision or provisions that makes compliance with this division unlawful, and a copy of each such provision; and (3) A factual explication and legal analysis of how compliance with this division would violate the cited provision or provisions, and the legal consequences that would attach if the violation were to occur.
  4. (d) Contents of specific exception requests . All specific exception requests shall include the following: (1) The nature of the contract or employment relationship to which this division applies; (2) A detailed explanation of why payment of the living wage will substantially curtail the services provided by the covered employer; (3) A detailed explanation of why payment of the living wage will have an adverse financial impact on the city; (4) A detailed explanation of why payment of the living wage is not in the best interests of the city; and (5) A statement of proposed wages below the living wage.
  5. (e) City council or school committee review and approval of exception requests . The city council or the school committee, where applicable under section 2-401(a), shall consider exception requests along with supporting documentation and analysis, and shall hold a public hearing to consider the views of the public before approving any specific exception. For a specific exception, the city council or school committee shall offer an opportunity to be heard to employees of the covered employer. The city council or school committee may approve and grant all or part of a request and may limit the duration of any exception to one year.
  6. (f) Terms of exceptions . If an employer has more than one contract with the city which is subject to this division, and if the city council or school committee agrees to an exception with respect to one contract, it need not find that this division is inapplicable to the employer with respect to another contract.
Sec. 2-402. Enforcement.
  1. (a) Enforcement powers . If necessary for the enforcement of this division, the city solicitor may issue subpoenas, compel the attendance and testimony of witnesses and production of books, papers, records and documents relating to payroll records necessary for hearings, investigations, and proceedings. In the event of failure to obey a subpoena, the city may apply to a court of competent jurisdiction for an order requiring the attendance and testimony of witnesses and the production of books, papers, records and documents.
  2. (b) Grievance procedures and nondiscrimination . An employee who believes that he or she is a covered employee and that his or her employer is not complying with requirements of this division applicable to the employer has the right to file a complaint with the applicable department . Complaints of alleged violations may also be filed by concerned citizens or by request of the city council. Complaints of alleged violations may be made at any time and shall be investigated promptly by the applicable department. Statements written or oral, made by an employee, shall be treated as confidential and shall not be disclosed to the covered employer without the consent of the employee.
  3. (c) Investigations . The applicable department shall investigate the complaint, and may, in conjunction with the city solicitor, and in accordance with the powers herein granted, require the production by the employer of such evidence as required.
  4. (d) Retaliation and discrimination barred . A covered employer shall not discharge, reduce the compensation or otherwise discriminate against any employee for making a complaint to the city, otherwise asserting his or her rights under this division, participating in any of its proceedings or using any civil remedies to enforce his or her rights under the ordinance. The city shall investigate allegations of retaliation or discrimination, and may, in conjunction with the city solicitor, and in accordance with the powers herein granted, require the production by the employer of such evidence as required.
Sec. 2-403. Remedies.
  1. (a) In the event that the city shall determine, after notice and hearing, that any covered employer has failed to pay the living wage rate or has otherwise violated the provisions of this division. (1) The city may order any or all of the following penalties and relief: a. Fines in the sum of $500.00 for each week for each employee found to have not been paid in accordance with this division; and b. Suspension of ongoing contract and subcontract payments. (2) If the covered employer has failed to pay the living wage, the city shall terminate all service contracts with the covered employer unless appropriate relief, including restitution to each affected covered employee , is made within a specified time. (3) If the covered employer has discharged, reduced the compensation or otherwise discriminated against any covered employee for making a complaint to the city, otherwise asserting his or her rights under this division, participating in any of its proceedings or using any civil remedies to enforce his or her rights under the ordinance, the city shall terminate all service contracts with the covered employer unless appropriate relief, including restitution to each affected covered employee and reinstatement of each discharged covered employee, is made within a specified time.
  2. (b) A vendor's prior record of compliance with this division shall be a factor to be considered in determining bidder responsibility when awarding bids.
  3. (c) This division shall not be construed to limit an employee's right to bring a common law cause of action for wrongful termination or wage restitution.
  4. (d) Remedies herein nonexclusive. No remedy set forth in this division is intended to be exclusive or a prerequisite for asserting a claim for relief to enforce the right granted under this division in a court of law.
Secs. 2-404-2-420. Reserved.
DIVISION 4. FINANCE DEPARTMENT*
Sec. 2-421. Finance department.

Notwithstanding the provisions of any ordinance, rule or regulation to the contrary, there is hereby established in the city a department of finance. The department of finance is established pursuant to Massachusetts General Laws , Chapter 43C, and Section 11.

Sec. 2-422. Definitions.

The following words, terms and phrases, when used in this article shall have the meaning ascribed to them in this section, except where the context clearly indicates a different meaning:

Annual operating budget means a statement of the amounts recommended for expenditure, for the city for next fiscal year. This statement shall include, ordinary maintenance, salaries and wages of officers, officials and employees and proposed expenditures for other than ordinary maintenance.

Annual capital budget means an annual statement of the estimated expenditures for, and revenue from, any capital project by the city for the next fiscal year. This statement shall include, though not be limited to, the following expenditures: any physical betterment or improvement to city owned property and any preliminary studies and surveys related thereto; acquisition of property of a permanent nature, purchase of furnishings or equipment for any betterment or when first erected or acquired; and purchase of equipment for the maintenance and operation of any department of the city government. It shall be accompanied by a financial program which shall clearly outline any bond issues relating thereto, as well as the amount of money proposed to be made available for the project from the annual tax levy.

City agency means any board, commission, committee, trust, department or office of city government, whether elected, appointed or otherwise constituted, regardless of its sources of funding.

Financial obligations means all expenditures and debts of the city as well as the management and investment of city funds.

Financial services means all disbursement of funds for the payment of debts and expenditures of the city, collection of all revenue due the city, and the investment and maintenance of all city funds, and the maintenance of all city financial information.

Five-year capital improvement program means a five-year proposal for capital projects as defined by the definition of "annual capital budget" above, that the city may undertake, including, but not limited to, the estimated cost of the project; the estimated cost of any future capital projects or capital projects that will continue during the first year of the program, which the city will finance out of appropriations; identification of any bond issues related to the current or proposed capital projects; and any anticipated revenue related to the capital program.

Sec. 2-423. Finance department duties.

The department shall include the present functions and statutory duties of the assessing, auditing, treasury/collecting and purchasing departments. Said departments shall become divisions of the department of finance. Said functions shall include, but not limited to the following:

  1. (1) Coordination of all financial services and activities of the city and as allowed by law with the school department; (2) Maintenance of all account records and other financial statements for the city; (3) Payment of all financial obligations on behalf of the city; (4) Investment of city funds and management of debt; (5) Receipt of all fines due the city from any source; (6) Maintenance of a system of property valuation; (7) Rendering advice, assistance guidance and recommendations to all city agencies in any financial or fiscal affairs; (8) Monitoring throughout the fiscal year the expenditure of funds by city agencies; (9) Supervision of all purchases of goods and services, and maintenance of a full and complete inventory of city property; and (10) Such other activities as may be assigned by the mayor or by ordinance.
Sec. 2-424. Finance director.

Said department shall be managed by a finance director who shall be responsible to and appointed by the mayor , subject to approval of the city council for a term of three years. Said director shall be a person especially fitted by education, training and experience to perform the duties of the position.

Sec. 2-425. Finance director ex-officio as auditor or treasurer/collector.

The director shall exercise administrative control and direction of the department. The director may serve, ex-officio, as the auditor or treasurer/collector; provided, however, that no director shall serve, ex-officio, as both auditor and treasurer/collector.

Sec. 2-426. Finance director duties.

The director shall be responsible for the effective operation and the coordination of operations within the department, including the assessing, auditing, treasury, collection and purchasing functions. Said director shall exercise the responsibilities of the position in accordance with policies adopted by the mayor and accordance with all laws, ordinances, rules and regulations and in accordance with generally accepted governmental financial practices. Said director shall be cognizant of the statutory responsibilities and practices of all of the officers within said department and shall consult with such officers to ensure that these duties and responsibilities are properly exercised and discharged. Said director shall make recommendations to the mayor concerning the appointment of the auditor, chief assessor, purchasing agent and treasurer/collector.

Sec. 2-427. Finance director additional duties.

In addition to supervising and directing the effective functioning of the divisions of assessing, auditing, treasury/collecting and purchasing, the director shall have the following specific powers and duties:

  1. (1) To compile and submit an annual operating budget and an annual capital budget to the mayor . The director shall receive all requests made for the expenditure of city funds from every city agency and shall assemble all such requests into a form deemed to be best suited to show a complete financial plan for all city funds and activities for the ensuing fiscal year. (2) The finance director shall, no later than 120 days following the first organizational meeting of the city, submit to the mayor and the city council, a five-year capital improvements program. (3) The finance director shall, no later than 60 days following the first organizational meeting of the city, submit to the mayor and the city council, a five-year financial forecast of the city’s revenue, expenditures and debt. (4) To set policies and procedures for the collection of all revenues due and owing to the city. (5) To disburse, as city government operations may require, all funds and sign all checks pursuant to warrants signed by the mayor and city auditor, to insure the efficient operation of government. (6) To communicate financial matters affecting city government to the mayor and to the city council on a monthly basis. (7) To coordinate and act as the city's chief contact with the state department of revenue pertaining to all financial matters. (8) To coordinate and manage all financial information received from the board of assessors to forecast future financial growth and anticipated revenues, and advise the mayor and city council accordingly. (9) To create and implement written policies and procedures, and be responsible for the collection and deposit of all monies received by various city agencies. (10) To maintain the fullest cooperation with the city council, through its finance committee, and to furnish information to said finance committee within 14 working days of its written request or such other period of time as mutually agreed upon.
Sec. 2-428. Ordinance amends contrary provisions.

As provided by Massachusetts General Laws Chapter 43C, Section 3, the establishment of a department of finance in accordance with Massachusetts General Laws Chapter 43C, Section 11, is deemed to be an amendment to any contrary provisions of the City of Somerville Charter and the Code of Ordinances.

Secs. 2-429-2-499. Reserved.
ARTICLE IX. DOMESTIC PARTNERSHIPS
Sec. 2-501. Recognition and scope.

The City of Somerville recognizes the diverse composition of its citizenry and values its people. The city acknowledges that many laws governing family relationships were enacted in a time when not all families were properly recognized. The city, recognizing its commitment to nondiscrimination and fair treatment of its citizens and employees, adopts this ordinance acknowledging domestic partnerships . The ordinance allows persons in committed relationships who meet the criteria established by the city as constituting domestic partnerships to register at the office of the city clerk and obtain a certificate attesting to their status.

Sec. 2-502. Definitions.

As used in this article:

Competent to contract means 18 years of age or older, and mentally competent to contract.

Domestic partner means a person who meets the criteria set out in subsection (c) of this section or who is registered as such in another jurisdiction.

Domestic partnership means (i) for purposes of section 2-505 (Rights of domestic partnership), a domestic partnership legally recognized as such in another jurisdiction or (ii) the entity formed by people who meet the following criteria and jointly file a registration statement proclaiming that:

  1. (1) They are in a relationship of mutual support, caring and commitment and intend to remain in such a relationship; and
  2. (2) They are not related by blood closer than would bar marriage in the Commonwealth of Massachusetts; and
  3. (3) They are competent to contract; and
  4. (4) They consider themselves to be a family.

Mutual support means that the domestic partners each contribute in some fashion to the maintenance and support of the domestic partnership.

Sec. 2-503. Registration and termination.
  1. (a) Persons who meet the criteria set out in subsection (d) of section 2-502 may make an official record of their domestic partnership by filing a domestic partnership registration form with the city clerk. The domestic partnership registration shall declare under the pains and penalties of perjury that the persons meet the criteria in subsection (c) of section 2-502 and shall include the name and date of birth of each of the domestic partners , and shall be signed by all domestic partners, who shall appear together in person at the office of the city clerk, or each before a notary public licensed in Massachusetts or in the jurisdiction in which that domestic partner resides.
  2. (b) Domestic partners may amend the domestic partnership registration to add or delete domestic partners. Additions to the domestic partnership registration shall be signed, under the pains and penalties of perjury, by all domestic partners.
  3. (c) If any member of the prospective domestic partnership is married or in another domestic partnership, a notarized affidavit of consent from each existing spouse and/or domestic partner is required prior to the registration of this domestic partnership, as well as the addition of any new domestic partners to an existing domestic partnership.
  4. (d) Withdrawal and termination of a domestic partnership. (1) Any person in a domestic partnership may withdraw from the domestic partnership by filing with the city clerk, by hand or by certified mail, a withdrawal statement. The consent of the other domestic partners is not required. The person filing the withdrawal statement must declare under pains and penalties of perjury that they are withdrawing from the domestic partnership and that a copy of the withdrawal statement has been mailed by certified mail or delivered in hand to the other domestic partners at their current or last known address(es). The withdrawal statement must also include the address(es) to which the copy was mailed or delivered. The termination statement must be signed, under the pains and penalties of perjury, by the domestic partner, who shall appear before the city clerk or their designee, or before a notary public licensed in Massachusetts or in the jurisdiction in which that domestic partner resides. (2) Except as set forth in section 2-503(d)(3), following the withdrawal of a domestic partner, the domestic partnership shall continue in effect as between any remaining domestic partners. (3) If there are only two persons in the domestic partnership, the withdrawal of one domestic partner shall constitute a termination of that domestic partnership. (4) The death of a domestic partner shall function as an automatic withdrawal from the domestic partnership as to that domestic partner and shall be effective immediately upon the death of that domestic partner. (5) The voluntary withdrawal from a domestic partnership by a partner shall be effective seven days after the receipt of a withdrawal statement by the city clerk. Prior to becoming effective, the person who filed the withdrawal statement may retract the withdrawal statement as follows: in person at the office of the city clerk; or via certified email addressed to the city clerk, provided the retraction is received no later than seven days following the date the withdrawal statement was filed. If the withdrawal statement is retracted, the domestic partner shall give notice of the retraction, by certified mail, to the other domestic partner(s). (6) A domestic partnership may be terminated by filing with the city clerk, by hand or by certified mail, a termination statement. The termination statement must declare that the domestic partnership is terminated and be signed, under the pains and penalties of perjury, by each of the domestic partners. (7) The termination of a domestic partnership shall be effective immediately upon receipt of a termination statement by the city clerk or, if there are only two persons in the domestic partnership, upon the death of one domestic partner. The members of a terminated domestic partnership may not file another domestic partnership until 90 days have elapsed from termination, unless the termination resulted from the death of a domestic partner. If a domestic partnership is terminated by the death of a domestic partner, there shall be no required waiting period prior to filing another domestic partnership.
Sec. 2-504. City clerk – Fees and records.
  1. (a) The city clerk shall collect a reasonable fee for filing a domestic partnership registration.
  2. (b) Upon receipt of a properly completed domestic partnership registration and filing fee, the city clerk shall complete a certificate of domestic partnership.
  3. (c) The city clerk shall maintain records of domestic partnerships registered in the city, including forms filed and certificates issued.
  4. (d) The city clerk shall allow public access to domestic partnership records to the same extent and in the same manner as marriage licenses.
Sec. 2-505. Rights of domestic partnership.
  1. (a) When the term "spouse" or "marriage" is used in other city ordinances, city policies, rules, or any other form having legal effect, it shall be interpreted to include a domestic partner or partnership, except to the extent that doing so would conflict with federal or state law. When the term "family" is used in other city ordinances, city policies, rules, or any other form having legal effect, it shall be interpreted to include domestic partnerships , except to the extent that doing so would conflict with federal or state law.
  2. (b) The City of Somerville shall afford persons in domestic partnerships all the same rights and privileges afforded to those who are married, except to the extent that doing so would conflict with federal or state law.
Sec. 2-506. Limitations.
  1. (a) Nothing in this article shall be interpreted to contravene the general laws of the commonwealth .
  2. (b) Nothing in this article shall be construed to create additional legal liabilities greater than those already existing under law or to create new private causes of action.
Sec. 2-507. Severability.

The provisions of this article are severable. If any of its provisions are held invalid by a court of competent jurisdiction, all other provisions shall continue in full force and effect.

CHAPTER 3 ANIMALS*

*Cross reference(s) – Health, Ch. 6

State law reference(s) – Animal pounds generally, M.G.L.A . c. 49, § 22 et seq.; animals M.G.L.A. c. 129; cruelty to animals, M.G.L.A. c. 272, § 77 et seq.

ARTICLE I. IN GENERAL
Sec. 3-1. Fastening animals to trees.

No person shall fasten or tie a horse or any other animal to a tree in a street or other public place, or allow a horse or other animal to stand or remain so near any such tree that it may be gnawed or otherwise injured by such a horse or other animal.

Cross reference(s) – Protection of trees, § 9-51 .

Sec. 3-2. Frightening horses.

No person shall, by any noise, gesture, words, or other means, wantonly and designedly frighten a horse in any street or other public place.

Sec. 3-3. Feeding or baiting animals.
  1. (a) No person shall feed or bait any animal in any street or other place except in accordance with a permit from the superintendent of highways that may be revoked at any time.
  2. (b) The feeding of birds is hereby prohibited in or on all sidewalks, streets, parks, or other public property.
  3. (c) Whoever violates any of the provisions of this section shall be fined in accordance with section 1-11 (b).
Sec. 3-4. Animals at-large.
  1. (a) No person shall allow any domestic fowl, swine, goat, sheep, ox, cow, horse, or other grazing animal, owned by him or her or in his or her charge or control, to go at-large or to graze in or upon any of the streets, parks, commons, public grounds or lands of the city .
  2. (b) No person shall allow any dog owned by him or her, or in his or her charge or control, to swim in a pond in any of the parks or public grounds of the city, or to trample upon or injure any flower bed, flower, shrub or other property of the city, in any of such parks or public grounds.
  3. (c) No sheep, swine or meat cattle shall be driven in or over any street or bridge in droves of more than 25 animals each, or at less intervals than 30 minutes between any two droves, or except in charge of at least two competent persons.

State law reference(s) – Authority to prohibit grazing in streets, M.G.L.A . c. 85, § 10; strays generally, M.G.L.A. c. 134.

Secs. 3-5-3-30. Reserved.
ARTICLE II. DOGS*

*Cross reference(s) - Dogs in outdoor seating areas of restaurants, § 6-24 .

State law reference(s) – Municipal authority to regulate dogs, M.G.L.A . c. 140, § 173.

Sec. 3-31. Complaints about dogs.

If any person shall make a complaint in writing to the chief of police or officer designated by him or her, that any dog owned or harbored within the city is a nuisance by reason of vicious disposition, excessive barking or other disturbance, the chief or police or officer designated by him or her shall investigate such complaint, which may include an examination on oath of the complainant, and may order such dog to be restrained or muzzled. Official complaint forms shall be furnished said complainant by the chief of police.

Sec. 3-32. Restraint or muzzling of dogs.

The chief of police or officer designated by him or her may restrain or order to be restrained or muzzled any dog for any of the following:

  1. (1) Being found at-large or unmuzzled, as the case may be, while an order of the chief of police or officer designated by him or her for the restraint or muzzling of such dog is in effect; (2) Being found in a school, schoolyard, church, the grounds of a church, or public recreational area; (3) Having bitten or otherwise injured any person ; (4) Having killed, maimed, or otherwise caused damage to any other domesticated animal; (5) Having caused damage to real or personal property owned by an individual other than the person owning or harboring said dog; (6) Chasing any vehicle upon any public way or on any way to which the public has a right of access.
Sec. 3-33. Disturbance of the peace by dogs.

No person shall own or harbor within the city any dog which, by barking, biting, howling, or harassing any person, or in any other manner, disturbs the quiet of any person.

State law reference(s) – Barking dogs, M.G.L.A . c. 140, § 157.

Sec. 3-34. Dogs at-large.

It shall be unlawful for the owner or custodian of any dog to permit any such animal to run loose or be at-large within the corporate limits of the city . All dogs found any place other than on the premises of the owner or custodian, or any specifically posted off-leash area which is designated as an off-leash recreational area, dog park or dog run, and in accordance with posted rules therein, shall be deemed to be running loose or to be at-large within the meaning of this section, except such dogs that may be under control by means of a chain or leash, not longer than six feet or those that may be in any vehicle or boat, while so therein, which shall be deemed to be under personal control of owner or custodian thereof.

Sec. 3-35. Capture and confinement of dogs.
  1. (a) Any dog found to be at-large in violation of section 3-34 shall be caught and confined by the dog officer who shall notify forthwith the licensed owner of such dog that unless within ten days, the owner or other person having interest therein shall claim possession and pay all charges for confinement and care, the animal will be destroyed or sold to any person offering to pay the charges.
  2. (b) In the event that the dog is neither claimed nor sold within the time provided, the dog may be destroyed or sold to any person upon the payment of all charges of impounding and confinement. In no case shall a dog be sold or delivered to any person or organization intending to use said dog for vivisection purposes.
  3. (c) Return of the dog to the licensed owner or custodian shall be dependent on the following: (1) Admission of ownership or custody; (2) Assumption of responsibility; (3) Payment of all charges for confinement and care.
Sec. 3-36. Charges for confinement of dogs.

A dog officer having custody of a dog confined under section 3-35 shall be allowed the sum of $15.00 per day for each day of confinement for the care of such dog, payable as provided in section 3-35 .

Sec. 3-37. Confinement of dogs during oestrus cycle.

If the dog officer determines that a dog in her oestrus cycle, even when confined to the property of the owner or keeper, is attracting other dogs to the area, which condition causes disturbances on, or damage to neighboring property or public areas, he or she may impound the dog for the duration of the oestrus cycle, releasing it thereafter to the owner or keeper, upon payment of pound fees, or the dog officer may require the owner or keeper, to place and keep such dog, while in such cycle, in a kennel or to remove it from the area, so that the nuisance is abated.

Sec. 3-38. Fines and penalties.
  1. (a) Any person who shall neglect or refuse to comply with an order issued under section 3-31 or 3-32 , or who shall be in violation of section 3-33 shall be liable to a penalty in accordance with the provisions of section 1-11 . Each day of violation shall constitute a separate offense.
  2. (b) Any person who shall be in violation of section 3-34 shall be subject to a fine in accordance with the provisions of section 1-11 .
  3. (c) Any person who does not properly curb his or her dog shall be subject to a fine in accordance with the provisions of section 1-11 .
  4. (d) Any person who shall be in violation of section 3-37 shall be liable to a penalty in accordance with the provisions of section 1-11 .
  5. (e) Any person found in violation of any part of this chapter, or ordered to restrain or dispose of his/her dog under Section 157 of Chapter 140 of the General Laws of Massachusetts, by the animal control officer, the chief of police or a court, may have, with good cause, his/her permit or license to own, keep, harbor, or have custody of animals revoked and no new permit or license shall be issued.
ARTICLE III. NON-DOMESTICATED ANIMALS
Sec. 3-39. Display of non-domesticated animals.
  1. (a) No living non-domesticated animals shall be displayed for public entertainment or amusement in circuses, carnivals or other similar entities on property owned by the City of Somerville, on city-owned property under lease, or on private property. As used in this paragraph, “displayed” shall include, but is not limited to, animal acts and performances, animal rides and competitive animal races.
  2. (b) This article shall not apply to domestic animals including, but not limited to, dogs, cats, horses, donkeys and farm animals, except that no domestic animal shall be used in competitive animal races.
  3. (c) This article shall not apply to exhibits deemed educational by the Massachusetts Society for the Prevention of Cruelty to Animals.
  4. (d) Violations of this article are subject to penalties in accordance with section 1-11 (b) of the Code of Ordinances. Each consecutive day that a violation exists shall be considered a separate offense.

CHAPTER 4 EMERGENCY MANAGEMENT*

*Cross reference(s) – Administration, Ch. 2; fire prevention and protection, Ch. 5; health, Ch. 6; police, Ch. 10.

State law reference(s) – Civil defense generally, M.G.L.A . c. 33 App., § 13-1 et seq.; local organizations, M.G.L.A. c. 33 App., § 13-13 et seq.

Sec. 4-1. Civil defense department.

There shall be a department of civil defense to be under the direction of a director of civil defense to be appointed by the mayor . The department may also be referred to as the emergency management agency.

Sec. 4-2. Civil defense duties.

It shall be the function of the emergency management agency to carry out the duties prescribed by Acts of 1950, Chapter 639 and any acts in amendment of or in addition to such Chapter 639 and such other functions and duties as may be set forth herein or established by ordinance from time to time not inconsistent with the laws of the commonwealth , namely, to prepare for and carry out all emergency functions, other than functions for which military forces other than the National Guard are primarily responsible, for the purpose of minimizing and repairing injury and damage resulting from disasters caused by attack, sabotage or other hostile action or by fire, flood, earthquake or other natural causes. Said functions shall include specifically, but without limiting the generality of the foregoing, firefighting and police services, medical and health services, warning services, evacuation of persons from stricken areas, emergency welfare services, communications, radiological, chemical and other special weapons of defense, emergency transportation, existing or properly assigned functions of plant protection, temporary restoration of public utility services and other functions.

Sec. 4-3. Director of emergency management.

The director of emergency management shall be appointed by and shall serve during the pleasure of the mayor . Subject to general control of the mayor, he or she shall have the direct responsibility for the organization, administration and operation of the emergency management agency. He or she shall receive such salary as shall from time to time be determined by the mayor, subject to the approval of the city council .

Sec. 4-4. Director of emergency management duties.

In the event of a disaster, as more particularly defined in Section 1 of Acts of 1950, Chapter 639, the city acting through the director of emergency management shall have the power to enter into contracts and incur obligations necessary to combat such disaster to protect the health and safety of persons and property and to provide emergency assistance to the victims of such disaster. Further, in the event of such disaster, the director of emergency management is authorized to exercise all the powers set forth in said Chapter 639 pertaining to the performance of public works, making of contracts, incurring obligations, employment of temporary workers, rental or equipment and purchasing of supplies. Such action taken in time of disaster shall not require the approval of the mayor .

Sec. 4-5. Appointment of employees.

For the purpose of carrying out the provisions of this chapter the director of emergency management, with the approval of the mayor , may within the limits of amounts appropriated therefor, appoint and employ such clerks, experts and other employees as may be necessary. Such appointments shall be in accordance with Chapter 639, Acts of 1950, as amended.

Sec. 4-6. Aid to other municipalities.
  1. (a) The chief of police with the approval of the director of emergency management and of the mayor is authorized to send to the aid of any other city or town in the event of disaster such equipment and personnel of his or her department as in the judgment of the chief of police shall be advisable for the suppression of riot or other form of violence in such other city or town in the event of a request therefor from the mayor or city manager of such city or selectmen of such town.
  2. (b) The head of any department of the city with the approval of the director of emergency management and the mayor, is authorized to send to the aid of any other city or town in the event of disaster such equipment and personnel of his or her department, as in the judgment of such department head shall be advisable, to assist in recovery from the effects of such disaster in the event of a request therefor from the mayor or city manager of such city or selectmen of such town.
Sec. 4-7. Emergency management advisory council.

There is hereby created an unpaid emergency management advisory council, the members of which shall be appointed by the mayor . The emergency management council shall consist of experts on all matters affecting emergency management and the director of emergency management. The mayor shall appoint the chairman of such emergency management council to serve during his or her pleasure. Said emergency management council shall be in the executive branch of the government and shall serve under the mayor and shall be subject to his or her supervision and control. Said emergency management council shall advise the mayor and director on matters pertaining to emergency management.

Sec. 4-8. Gifts, grants or loans for emergency management.

In accordance with the authority referred to in Section 15 of Acts of 1950, Chapter 639, the city shall accept gifts, grants or loans of services, equipment, supplies, materials or funds for the purposes of emergency management from the federal government or any agency or officer thereof or from any person . The acceptance of such gifts, grants or loans shall be subject to the terms of the offer and the rules and regulations, if any, of the agency or person making such offer. Acceptance of such gifts, grants or loans on behalf of the city shall be made by the director of emergency management subject to the approval of the mayor . Appropriate records shall be kept by the director of all matters relating to such gifts, grants or loans.

Sec. 4-9. Executive orders and directives of the governor.

Upon the promulgation of executive orders or general regulations by the governor of the commonwealth , or upon a directive by the governor to the mayor or to the director of emergency management or other municipal department officer or employee of the city to carry out the provisions of any such executive order, regulation or directive, the director of emergency management is hereby authorized and directed to take all necessary steps to carry out such executive order, regulation or directive in spite of any municipal ordinance or procedure which may in whole or in part conflict with such executive order, regulation or directive. All such actions shall be taken and such executive orders or regulations shall be carried out for the purpose of meeting conditions arising from emergencies or disasters without delay caused by observance of ordinances or procedures customary in periods of normal life.

Sec. 4-10. Filing executive orders and directives of the governor.

Upon the receipt of any executive order, general regulation or directive from the governor under the powers conferred upon him or her by Acts of 1950, Chapter 639, the director of emergency management or the office or employee of the city receiving such order, regulation or directive shall cause copies thereof with all due diligence to be filed with the city clerk, the city auditor, the mayor , the city solicitor, the director of emergency management and the department affected thereby.

Sec. 4-11. Aid from other municipalities.

In carrying out the purposes of emergency management, the city shall use the services, equipment, supplies and facilities of the departments, officers and agents of the commonwealth and of the political subdivisions of the commonwealth to the maximum extent practicable and all officers, departments, agents and employees of the city shall to the fullest extent practicable cooperate and extend their services to the commonwealth and other emergency management organizations of the commonwealth upon request to the end that so far as municipal action by the city is concerned the spirit and purposes of said Chapter 639 shall be carried out to the fullest extent.

Sec. 4-12. Expiration of civil defense department.

This chapter of the Code shall become of no effect when Acts of 1950, Chapter 639, shall, by action of the legislature, become inoperative or upon the expiration of any time limit for the operation of said Chapter 639 now or hereafter imposed by the legislature. Any part of this chapter shall become inoperative when any section or provision of said Chapter 639 upon which such part depends for its validity shall become inoperative by act of the legislature or by the expiration of any time limit now or hereafter imposed by the legislature.

CHAPTER 5 FIRE PREVENTION AND PROTECTION*

*Charter reference(s) – Establishment of fire limits, § 19.

Cross reference(s) – Emergency management, Ch. 4; housing, Ch. 7; hazardous material transport for commercial vehicles, § 8-5 ; hazardous material transport for trains, § 8-6 ; skyrockets, § 9-87 ; fireworks and guns, § 9-88 ; selling or storing fireworks, § 9-89 ; demolition of buildings, § 11-105 .

State law reference(s) – Fires, fire department and fire districts generally, M.G.L.A . c. 48; fire prevention generally, M.G.L.A. c. 148.

ARTICLE I. IN GENERAL
Sec. 5-1. Burning in public places.

No person shall set fire to leaves or other material in any street or other public place.

Cross reference(s) – Streets, sidewalks and other public places, Ch. 12.

Sec. 5-2. Burning in private places.

No person shall set fire in the open air to leaves or any other material in any dumping place or on private land or elsewhere, without the approval in writing of the chief engineer of the fire department.

Sec. 5-3. Disposal of combustibles.

No person shall without a permit from the city council put and allow to remain or cause to be put and allowed on any dump, wood or wood shavings or rubber or cloth or paper or cardboard or other combustible matter.

Sec. 5-4. Storage of combustibles.

The chief engineer of the fire department shall cause all places where shavings and other combustible materials or explosive compounds or detonators, or other articles, goods or merchandise liable to cause fire are placed or kept, to be examined, and when he or she deems that any of such things are so placed or kept as to be liable to cause fire, he or she shall order the tenant or occupant of the place where they are so placed or kept to remove them; and if such tenant or occupant neglects or refuses so to do, the chief engineer shall cause the same to be removed at the expense of such tenant or occupant, who shall, in addition, be liable to a penalty in accordance with section 1-11 .

Sec. 5-5. Storage of combustibles in containers.

All gasoline, oil and other inflammable or dangerous materials must be drained or removed from containers, including tanks on automobiles and such tanks or containers shall be vented when use of such has been discontinued or allowed to stand idle for a long time.

Sec. 5-6. Heat and smoke detectors.

The chief engineer shall require that every apartment house containing six or more dwelling units, hotels, boarding or lodging houses, or family hotels be equipped with an automatic smoke or heat detector in each dwelling unit and each hallway floor, in compliance with the provisions of Section 26C of Chapter 148 of the General Laws ; provided, however, that an owner of an apartment house, hotel, boarding or lodging house as set forth in this section shall have three years from the date that an order or other directive issued by the chief engineer seeking the installation of approved smoke detectors in accordance with said Section 26C is received by such owner.

Sec. 5-7. Fire alarm signal boxes.

No person shall open any of the signal boxes connected with the fire alarm telegraph except in case of fire, or interfere in any way with said boxes by breaking, cutting, injuring or defacing the same, or tamper or meddle with said boxes or any part thereof; nor shall any person interfere with the poles by which the wires of the fire alarm telegraph are supported, by breaking, cutting, injuring or defacing them, or by posting placards or bills upon them, or in any other manner.

Cross reference(s) – Graffiti and damage to public property, § 9-47 ; burglar alarms and security alarm systems, § 10-31 et seq.

Sec. 5-8. Demolition and fire details.

Where any contractor is doing demolition work in the city , and where said work is taking place within 100 feet of a dwelling unit or other building, and where the safety, health and welfare of the general public is concerned, said contractor shall produce at his or her own expense sufficient fire detail furnished by the fire department.

Where any contractor is doing demolition work in the city, and where said work its taking place in excess of 100 feet from a dwelling unit or other building, and where the safety, health and welfare of the general public is concerned, the chief engineer of the fire department shall determine if a fire detail is required. If required, said contractor shall produce at his or her own expense sufficient fire detail furnished by the fire department.

Cross reference(s) – Demolition of buildings at fires § 5-36 ; demolition review ordinance, § 7-28 ; demolition of buildings, § 11-105 .

Sec. 5-9. Compliance with orders of fire officers.

All persons not members of the fire department are hereby enjoined and required to obey the orders and directions of the officer in command at any fire, and to render their services if ordered so to do by him or her. Any person who shall violate any provision of this section shall be liable to a fine in accordance with section 1-11 .

Sec. 5-10. Obstruction of fire prevention bureau personnel.

Any person that fails to cooperate fully in carrying out the provisions of this chapter or in any way obstructs the chief of fire prevention or any member of the fire prevention bureau in the performance of his or her duties shall be liable to the fine prescribed in section 1-11 .

Cross reference(s) – Disorderly conduct in council chambers, § 9-16 et seq.

Sec. 5-11. Prohibition of indoor pyrotechnic displays.
  1. (a) A person , firm, corporation, association or other entity may not use any indoor pyrotechnic material, as defined by 527 CMR 2.03, in the City of Somerville.
  2. (b) A person, firm, corporation, association or other entity is not eligible to apply for or obtain any permit for the use of any indoor pyrotechnic display pursuant to G. L. c. 148, § 39A or other applicable law, ordinance, rule or regulation.
  3. (c) The fire department and police department are the enforcing personnel for this section, by a non-criminal disposition, pursuant to Massachusetts General Laws c. 40, § 21D.
  4. (d) Any person, firm, corporation, association or other entity violating this section shall be subject to a fine in accordance with the provisions of section 1-11 .
  5. (e) Each violation shall be deemed a separate offense.
  6. (f) All fines assessed under this chapter shall be payable to the City of Somerville.
  7. (g) Nothing in this section shall be deemed to limit the use of other lawful methods of abating violations of this section, including, but not limited to, application for equitable relief from a court of law.
Secs. 5-12-5-30. Reserved.
ARTICLE II. FIRE DEPARTMENT*

*Cross reference(s) – Residency requirement, § 2-310 et seq.; transfers to fire department, § 10-2 .

State law reference(s) – Provisions relating to fire departments in cities , M.G.L.A . c. 48, § 44A et seq.

DIVISION 1. GENERALLY
Sec. 5-31. Fire department organization.
  1. (a) The fire department shall consist of a chief engineer, and not more than the following: seven deputy chiefs, four district chiefs, ten captains, 31 lieutenants, a fire apparatus superintendent, and as many other officers and members as the city shall from time to time determine; provided, however, that all appointments and promotions must be submitted by the mayor and subject to approval by the city council . The chief shall devote his or her full time to the position.
  2. (b) Each engine company shall consist of not more than 20 men/women and shall be organized as follows: one captain, three lieutenants, and 16 firefighters.
  3. (c) Each ladder company shall consist of not more than 20 men/women and shall be organized as follows: one captain, three lieutenants, and 16 firefighters.
Sec. 5-32. Fire department salaries.

The salary of the chief engineer of the fire department is hereby fixed at twice maximum salary of a private, as such latter salary may be from time to time set. The salaries of all other officers and members of the fire department shall be those established from time to time by agreement pursuant to collective bargaining or in the absence of such agreement, shall be those established by the most recently expired collective bargaining agreement.

Sec. 5-33. Chief engineer duties.
  1. (a) Generally . The chief engineer shall be held responsible to the mayor for the discipline, good order and proper conduct of the officers and men constituting the department and for the good condition of all houses, reservoirs, engines, hoses, hose carriages, hooks and ladders, trucks, and all apparatus and furniture connected with the department. He or she shall have the superintendence and control of the engine and hose houses and other buildings used for the department, of the furniture therein, and of the engines and apparatus, and other property appertaining to the department; and shall make regulations for the proper government of the department, and for the extinguishing of fires, subject to the approval of the mayor.
  2. (b) Aid to other cities . The chief engineer or whoever exercises the power of the chief engineer is authorized in his or her discretion from time to time, to extend the aid of the fire department in extinguishing fire in another city, town or fire district.
  3. (c) Testing of fire hydrants . In furtherance of his or her duties as aforesaid, the chief engineer shall cause each fire hydrant within the city to be tested annually by members of the department and shall report the results of each test to the mayor and the superintendent of the division of waterworks, including his or her recommendations for the correction of any deficiencies discovered by any such test. Upon receipt of any such report or deficiencies, the superintendent shall forthwith cause such deficiencies to be corrected and shall report his or her actions to the mayor and the chief engineer.

State law reference(s) – Municipal authority to provide aid to other cities, towns and fire districts, M.G.L.A . c. 48, § 59A.

Sec. 5-34. Fire wards.

The chief engineer and deputy chief engineer shall also be fire wards of the city .

Sec. 5-35. Control and command at fires.

The chief engineer shall have the sole and absolute control and command over all members of the department and all other persons present at fires, and shall take prompt measures to arrange the engines and other apparatus in the most advantageous manner, and issue such orders as he or she may deem necessary. In case of the absence of the chief engineer at a fire, the deputy chief, and if he or she is not present the district chief or in his or her absence the officer designated to act in that capacity shall during such absence, have and exercise all the power and authority of the chief engineer, and shall perform the duties of his or her office; and if no engineer or chief be present, the captain who first arrives with his or her apparatus at a fire shall exercise such authority until the arrival of a superior officer, and until the arrival of one of said officers such authority is to be exercised by the lieutenant who first arrives with his or her apparatus.

Sec. 5-36. Demolition of buildings at fires.

Whenever it shall be determined at any fire, by the officer in command to be necessary to pull down or demolish any building in order to prevent the spreading of fire, the same shall be done by his or her order, in accordance with the law.

Cross reference(s) – Demolition and fire details, § 5-8 ; demolition review ordinance, § 7-28 ; demolition of buildings, § 11-105 .

Sec. 5-37. Control of fire alarm signal boxes.

The chief engineer shall determine to whom shall be entrusted the keys of the signal boxes connected with the fire alarm telegraph, and shall prepare rules, in accordance with which alarms of fire shall be given. The location of signal boxes, gongs and other instruments connected with the fire alarm system shall be subject to his or her approval.

Cross reference(s) – Burglar alarms and security alarm systems, § 10-31 et seq.

Sec. 5-38. Inspection of buildings.

It shall be the duty of the chief engineer to take cognizance of every building in which any steam engine shall be used, and of all buildings in the city in process of erection or alteration, and to make a record of such thereof as, in his or her judgment, may from any cause, in case of fire, be dangerous, and report the same to the mayor forthwith; and whenever, in his or her opinion, any chimney, hearth, oven, stove, stove-pipe, fireframe, or other fixture, or any explosive or inflammable fluid or material, or whatever else may give just cause of alarm, should be altered, repaired or removed, he or she shall forthwith notify and direct the owner , tenant or occupant of the premises upon which the same is situated to alter, repair or remove the same, as he or she shall direct. And in case such owner, tenant or occupant shall refuse or neglect so to do, he or she shall cause the same to be removed, altered or repaired at the expense of such owner, tenant or occupant, who shall also be liable to a penalty in accordance with section 1-11 .

Cross reference(s) – Inspection of buildings, § 11-103 .

Sec. 5-39. Records and reports.
  1. (a) It shall be the duty of the chief engineer to keep, or cause to be kept, fair and exact rolls of the respective companies, specifying the name, date of birth, occupation and residence, and the date of the admission and discharge of each member of the department, and to keep an accurate account of all property belonging to the department.
  2. (b) The chief engineer shall, at the close of each month , make to the city council a detailed report of all losses and accidents by fire that may have occurred within the city , with all ascertainable causes thereof, and of the number of buildings and description of property destroyed or injured, the amount of insurance thereon, and the names of the owners .
Sec. 5-40. Duty hours.
  1. (a) The hours of duty of all members of the fire department shall be those established from time to time by agreement pursuant to collective bargaining, or in the absence of such agreement, shall be those established by the most recently expired collective bargaining agreement.
  2. (b) The officer having charge of the firefighting force shall have full authority to summon and keep on duty any or all members of the firefighting force while the conflagration continues.
Sec. 5-41. Vacation leave.

Vacation shall be granted to members of the fire department to such extent, and upon such terms and conditions, as shall be established from time to time by agreement pursuant to collective bargaining, or in the absence of such agreement, shall be granted as established by the most recently expired collective bargaining agreement.

Cross reference(s) – Vacation leave, § 2-314 - 2-317 .

Sec. 5-42. Injury leave.
  1. (a) Injury leave shall be granted to members of the fire department to such extent, and upon such terms and conditions, as shall be established from time to time by agreement pursuant to collective bargaining, or in the absence of such agreement, shall be as established by the most recently expired collective bargaining agreement.
  2. (b) A substitute in the fire department incapacitated on account of injury caused while in the performance of duty in said department, and such injury being certified to by the city physician, shall receive pay equal to that paid to a member of the department during his or her first year, for a period not exceeding 60 days provided however that the chief engineer of the fire department, with the approval of the city physician and mayor , may grant such extension of time as may be deemed necessary.

Cross reference(s) – Injury leave, § 10-6 .

Sec. 5-43. Sick leave.
  1. (a) Members of the fire department absent from duty on account of sickness, and such sickness being certified to by the city physician, shall be entitled to full pay for not more than 20-days' absence on any one occasion; provided, however, that the chief engineer of the fire department, with the approval of the city physician and mayor , may grant such extension of time as may be deemed necessary.
  2. (b) Notwithstanding the provisions of subsection (a) of this section the maximum number of sick leave days for which any member of the department shall be charged for any one calendar week, Sunday through Saturday, shall be five.

Cross reference(s) – Sick leave, §§ 2-318 , 10-7 .

Sec. 5-44. Exceptions to injury or sick leave.

No pay will be allowed under section 5-42 or 5-43 if the sickness or injury is feigned, simulated, exaggerated, or arises from carelessness, improper or vicious conduct, excessive indulgence of appetite or other bad habits, or from improper practices, or if the sick or injured person shall fraudulently by concealment, false statement, or otherwise seek to deceive or mislead the attending physician or surgeon in relation to his or her case, or if he or she refuses or neglects to conform to the instructions of the attending physician or surgeon.

Sec. 5-45. Medical panel for fire fighters and police officers.

Pursuant to Section 100, Chapter 41 of the General Laws , a panel is hereby set up consisting of the mayor , the city solicitor or a person designated in writing by the city solicitor to act for him or her and such physician as the mayor shall in writing appoint, to determine whether it is appropriate under the circumstances for the city to indemnify a firefighter or police officer, or someone in his or her behalf, for such hospital or medical expenses as enumerated in said General Law.

Cross reference(s) – Police, Ch. 10; board of health membership, § 6-16 et seq.

Sec. 5-46. Funeral leave.

Funeral leave for members of the fire department shall be granted to such extent, and upon such terms and conditions, as shall be established from time to time by agreement pursuant to collective bargaining, or in the absence of such agreement, shall be as established by the most recently expired collective bargaining agreement.

Cross reference(s) – Bereavement leave, § 2-319 ; funeral leave § 10-9 .

Sec. 5-47. Agreement to be signed by fire fighters.

Every member of the fire department shall sign the following agreement, to be deposited with the chief engineer:

"I, ______________ having been appointed a member of the Somerville fire department, hereby agree to abide by the ordinances of the city , the orders of the mayor , and the regulations of the chief engineer";

and no member shall be entitled to any compensation until he or she has signed the same, and unless he or she signs within ten days from his or her appointment, he or she shall be deemed to have declined such appointment.

Sec. 5-48. Residency requirements.

Residence requirements for members of the fire department shall be those established from time to time by agreement pursuant to collective bargaining, or in the absence of such agreement, shall be as established by the most recently expired collective bargaining agreement.

Cross reference(s) – Residency requirement, § 2-310 .

Sec. 5-49. Badges.

Every member of the fire department shall wear at all fires such badge as the chief engineer shall prescribe; and no person without such badge shall, except by permission of the officer in charge, enter within the lines formed at any fire.

Sec. 5-50. Clothing allowance.

A clothing allowance shall be paid to each member of the fire department in such sum and upon such terms and conditions as shall be established from time to time by agreement pursuant to collective bargaining, or in the absence of such agreement, shall be as established by the most recently expired collective bargaining agreement.

Cross reference(s) – Clothing allowance, § 10-14 .

Sec. 5-51. Work shifts.
  1. (a) Whereas the members of the fire department work a 42-hour workweek, the workweek shall be divided into two work shifts; a day work shift and a night work shift.
  2. (b) The day work shift shall begin at 8:00 a.m., on any said day, and end at 6:00 p.m. of the same day.
  3. (c) The night work shift shall begin at 6:00 p.m., on any said day, and end at 8:00 a.m. of the following day.
  4. (d) It shall be the duty of the chief engineer of the fire department to assign as many officers and men to each work shift that he or she deems necessary for the proper protection of the lives and property of the citizens of the city .
  5. (e) In order to enhance the safety of the citizens of the city and protection of their property, and in order to preserve and protect the health and safety of the officers and members of the fire department, no fire company in the city shall at any time have fewer than three men assigned to it. When there are not sufficient men on duty at a given station to satisfy the aforesaid requirement, the chief engineer shall have the power to reassign men on duty at other stations in order to satisfy the minimum manpower requirement.
Secs. 5-52-5-75. Reserved.
DIVISION 2. BUREAU OF FIRE PREVENTION
Sec. 5-76. Fire prevention bureau.

There is hereby created within the fire department a bureau of fire prevention which shall be headed by a deputy chief for fire prevention. The fire prevention bureau shall enforce all laws, orders, and ordinances related to the following:

  1. (1) Inspection of potential fire hazards; (2) Abatement of existing fire hazards; (3) Storage and use of explosives and flammables; (4) Control of the means and adequacy of exits in case of fire from factories, schools, hotels, lodging houses, hospitals, churches, halls, theatres, and all other places where numbers of persons meet, work, live or congregate; (5) Educational fire prevention programs; (6) Regulation of the installation and maintenance of automatic and fire extinguishing equipment.
Sec. 5-77. Fire prevention bureau organization.

The bureau of fire prevention shall consist of a deputy chief, who shall be its head, two other officers, one private and a clerk. No member of the regular firefighting force shall be eligible for assignment to the bureau unless and until he or she shall have passed a written examination prepared and administered by the chief for fire prevention. All members of the bureau shall be required to take any and all educational courses or practical courses of instruction which the chief of the fire prevention from time to time shall direct. The members of the bureau may return to the regular firefighting force at any time; and they shall be entitled to take any promotional examination for which they may be eligible.

Sec. 5-78. Inspections.
  1. (a) The chief for fire prevention or any member of the bureau authorized by him or her, shall have the authority to enter any building, structure or premises within the city for the purposes of making inspections or investigations at reasonable hours; provided, however, that the authority conferred by this section shall not apply to the entry of a private residence unless written notice is served on the occupant thereof. Such written notice shall contain a statement of the time that the inspection will be made and its purpose.
  2. (b) Inspections and investigations authorized by this section shall be for the purpose of reporting and correcting fire hazards, including but not limited to the following: (1) Disrepair; (2) Age and dilapidated condition; (3) Faulty and unapproved construction; (4) Inadequate fire escapes or lack of egress; (5) Inadequate fire alarm or sprinkler protection; (6) Regulation of the maintenance of fire escapes; (7) Materials and buildings especially susceptible to fire; (8) Conditions endangering other property or occupants thereof.
  3. (c) The chief for fire prevention shall cause all buildings, structures and premises to be inspected as often as he or she shall determine necessary to the enforcement of this section. He or she shall further cause to be inspected not less than twice a year, all hazardous manufacturing processes, storage or installations of gases, chemicals, oils, explosives, and flammable materials.

Cross reference(s) – Inspection of buildings, § 11-103 .

Sec. 5-79. Initial staff.

All personnel assigned to the duties of fire prevention prior to the effective date of the ordinance from which this section derives shall thereafter remain within the bureau of fire prevention and shall not be deprived of any rights or privileges as a consequence thereof; provided, however, that any firefighter may voluntarily transfer out of said bureau at any time.

Sec. 5-80. Violations.
  1. (a) Where violations of the provisions of this division or of other applicable laws, orders or ordinances relating to fire safety are found to exist, the chief of fire prevention shall serve a written order to correct the violations upon the owner , operator, occupant or other person responsible for such violations. Said order shall be served by hand or by certified mail, return receipt requested, to the last known and usual place of address of the violator. The order shall specify a time limit for correcting the violations, which shall be not more than 60 days. In cases of extreme emergency, the inspector shall have the power to require compliance immediately upon service of the order.
  2. (b) Any person who shall fail to comply with an order to correct a violation shall be liable to the fine prescribed in section 1-11 and each day that such violation continues to exist.
Secs. 5-81-5-90. Reserved.
ARTICLE III. CONNECTION OF PRIVATE FIRE ALARM SYSTEMS TO CITY FIRE ALARM SYSTEMS*
Sec. 5-91. Private fire alarm systems.

Private fire alarm systems ("interior systems") may be connected to the Somerville fire alarm system (the "municipal system") after obtaining prior written approval from the superintendent of electric lines and lights. Detailed plans of the interior fire alarm system must be submitted to the superintendent of electric lines and lights and the fire prevention bureau of the fire department, and must be approved by them. The fee for direct connection to the municipal system shall be $400.00 per installation and $400.00 per calendar year (or part thereof, prorated monthly) thereafter, payable on or before January 2 of each year (or upon installation in the middle of a calendar year). Fees shall be payable at the office of the superintendent of electric lines and lights.

Sec. 5-92. Installation and maintenance.
  1. (a) All wires and other material necessary for connection to the property shall be supplied and installed by the owner . The point of service connection shall be determined by the superintendent of electric lines and lights.
  2. (b) The owner shall maintain all wires and other equipment on said property. If defects in material or installation develop in any part of the interior system, the superintendent of electric lines and lights, after notifying the owner, may disconnect any or all of the interior system from the municipal system until necessary repairs are made. Wiring from the point of service connection shall be maintained by the owner.
Sec. 5-93. Disconnection.
  1. (a) If any person requests that his or her private fire alarm system be disconnected for the purpose of testing or maintenance of the alarm system, the charge shall be as follows: (1) Between 8:00 a.m. and 3:00 p.m., Monday through Friday, no charge. (2) Between 3:00 p.m. and 8:00 a.m. the following day, Monday through Friday, one and one-half times the salary of any employee(s) performing the work for the period between disconnection and reconnection of the system, in no event less than the salary(s) for a four-hour period. (3) Any time on Saturday, one and one-half times the salary of any employee(s) performing the work for the period between disconnection and reconnection of the system, in no event less than the salary(s) for a four-hour period. (4) Any time on Sunday, twice the salary of any employee(s) performing the work for the period between disconnection and reconnection of the system, in no event less than the salary(s) for a four-hour period. (5) Any time on a holiday, as designated by the applicable state, local or county government, two and one-half the salary of any employee(s) performing the work for the time between disconnection and reconnection of the system, in no event less than the salary(s) for a four-hour period.
  2. (b) All requests for disconnecting the alarm system for the purpose of testing or maintenance must be made at least 48 hours in advance. Failure to do so will result in a charge of $50.00; except that up to two disconnections within a five-day period, if required for emergency repairs, shall be exempt from such charge.
Sec. 5-94. Superintendent of lights and lines to develop regulations.

The superintendent of electric lines and lights may promulgate such rules and regulations as may be necessary for implementation of this article.

Sec. 5-95. Reserved.
Sec. 5-96. Emergency contacts.

The owner shall be required to supply the fire alarm division of the department of public works division of electric lines and lights with a list of three names and telephone numbers of persons authorized to assume responsibility for said property. The owner shall ensure that this is accurate and up-to-date.

Sec. 5-97. Quarterly tests.

The owner shall ensure that a complete and satisfactory test of the system is done on a quarterly basis as required by applicable fire code laws and regulations.

Sec. 5-98. False alarms.
  1. (a) “Nuisance alarm activation” shall mean any activation of an automatic fire alarm system (AFAS) to which the fire department responds caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance, or any alarm activated by a cause that cannot be determined. Alarms caused by the failure of maintenance personnel to properly disable the system prior to starting work shall be included as a nuisance alarm. A series of such activations attributable to the same cause and occurring under circumstances attributable to the same cause and occurring under circumstances beyond the control of the responsible alarm user shall be deemed a single “nuisance alarm activation.”
  2. (b) Any user of an alarm system which transmits a fourth or subsequent nuisance alarm activation signal in a calendar year shall be assessed a fine in accordance with the provisions of section 1-11 . Each day after any such nuisance alarm activation shall be considered a new violation. An alarm system user shall be assessed said fine until he or she can demonstrate to the fire chief that the causes of the nuisance alarm activation have been remedied.
  3. (c) No fine shall be assessed and no warning given in the following circumstances: (1) Where the AFAS was activated by an actual fire; (2) Where the AFAS was activated by smoke from a source such as burning food or an overheated motor or overheated electrical appliance or other equipment; (3) where someone, with reasonable cause, activates a manual pull station.
  4. (d) The city, at its election, may institute civil or criminal proceedings to enforce the provisions of this section.

CHAPTER 6 HEALTH*

*Cross reference(s) – Administration, Ch. 2; animals, Ch. 3; medical panel for fire fighters and police officers, § 5-45 ; pasteurization of milk and cream, § 8-9 ; placing trash in public trash containers, § 11-42 ; medical examinations of persons arrested under the influence of drugs, § 10-5 ; collection of ashes and offal, § 11-30 ; household trash and rubbish collection, § 11-31 ; passengers with contagious diseases, § 13-14 .

State law reference(s) – Health generally, M.G.L.A . c. 111; crimes against public health, M.G.L.A. c. 270.

ARTICLE I. IN GENERAL
Secs. 6-1, 6-2. Reserved.
Sec. 6-3. Smoking in parks.
  1. (a) Definitions:

Monument : A memorial stone or a building erected in remembrance of a person or event, which term shall include, but not be limited to, such monuments in publicly owned cemeteries.

Playground : Land used for and equipped with facilities for recreation.

Public park : Any outdoor fields, or reservations to which the public is invited and permitted. This includes, but is not limited to any public park adjacent to any public school or city operated building in the city.

Scheduled : City sponsored or reserved through permitting or licensing with the city.

Smoking : Inhaling, exhaling, burning or carrying any lighted tobacco product in any manner or in any form.

Tobacco product : Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to: cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, or electronic cigarettes, electronic cigars, electronic pipes, electronic hookah, or other similar products, regardless of nicotine content, that rely on vaporization or aerosolization. “Tobacco product” includes any component or part of a tobacco product. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration either as a tobacco use cessation product or for other medical purposes and which is being marketed and sold or prescribed solely for the approved purpose.

  1. (b) Conduct prohibited. (1) Smoking tobacco products by any person shall be unlawful within 50 feet of any person who participates, attends, assembles, or congregates at any scheduled athletic event, scheduled artistic event, scheduled special event, scheduled performance, scheduled festival, scheduled musical event, or scheduled concert in a public park under the control of the city. (2) Smoking tobacco products by any person shall be unlawful within 50 feet of any monument or memorial located on public property under the control of the city. (3) Smoking tobacco products by any person shall be unlawful in, and within 50 feet of, all school grounds, playgrounds, public parks, and tot-lots located on public property under the control of the city. (4) Enforcement and penalties: Noncriminal disposition. The specific penalty for each violation of this section shall be as set forth in section 1-11 (b) of this Code. Any fines imposed under the provisions of this chapter shall inure to the city. For the purposes of this chapter, the following shall be enforcing officers: police officers; the health department and inspectional services department or their designees.
Secs. 6-4-6-15. Reserved
ARTICLE II. BOARD OF HEALTH*

*Charter reference(s) – Mayor to appoint board of health, § 21; board of health generally, § 38 .

Cross reference(s) – Medical panel for fire fighters and police officers, § 5-45 .

State law reference(s) – City and town boards of health generally, M.G.L.A . c. 111, § 26 et seq.

Sec. 6-16. Board of health membership.

No member of the city council shall be eligible to an appointment to the board of health.

Sec. 6-17. Director of the board of health.

There shall be a director of the board of health, who shall hold office for a term of one year from July first of the year of appointment and until another shall be appointed and qualified in his or her place. Said director shall be appointed by the mayor upon recommendation by the board of health, by a majority vote, subject to confirmation by the city council , and may be removed, prior to expiration of his or her term, for cause by the board of health. A vacancy shall be filled in like manner to an appointment.

Sec. 6-18. Director of the board of health duties.

The director of the board of health shall devote full time to his or her position, and shall have the immediate direction and control of all executive and administrative business within the board of health, subject to the direction of the board of health, together with such other duties and responsibilities as may from time to time be assigned to him or her by the board of health.

Sec. 6-19. Director of the board of health qualifications and term.
  1. (a) The minimum qualifications for appointment to the position of director of the board of health shall be established and published by the board of health; provided, however, that no person shall be recommended or appointed to said position who does not meet all the following criteria: (1) Holds a bachelor's degree; (2) Has had post graduate work of at least one academic year equivalent to a master's degree in health or another of the health related sciences or in administration, or holds a master's degree, or doctorate in one of such subject areas.
  2. (b) The initial term of office for the position of director of the board of health shall be concurrent with the annual fiscal year and shall encompass and extend for a period of three years.
Sec. 6-20. Annual report.

The board of health shall annually, in the month of January, make a report to the city council .

Sec. 6-21. Contagious diseases.

The board of health shall provide medical attendance at hospitals for smallpox and other contagious diseases.

Sec. 6-22. Assistance from other departments.

The board of health may call upon the police department and other officers of the city to aid in the performance of its duties.

Sec. 6-23. X-ray exams for those handling food.

Every person now engaged in the processing, preparing, serving or handling of food shall have a chest X-ray examination and submit evidence of such X-ray to the board of health within one month and once every three years thereafter.

Sec. 6-24. Dogs in outdoor seating areas of restaurants.

The board of health is authorized to enact regulations governing the ability of restaurants with outdoor seating to allow dogs to accompany owners in the outdoor seating area.

Secs. 6-25-6-35. Reserved
ARTICLE III. CITY PHYSICIAN*

*Charter reference(s) – Mayor to appoint city physician, § 21; city physician generally, § 35.

Cross reference(s) – Bonds of certain officers held by mayor, § 2-61 et seq.

State law reference(s) – Appointment of physician in certain towns, M.G.L.A . c. 41, § 106A.

Sec. 6-36. City physician qualifications.

The city physician shall be a graduate of a legally incorporated medical school.

Sec. 6-37. City physician duties.

The city physician shall render all professional services that may be required of him or her by the police department; examine candidates for appointment to any positions in the service of the city where a physical examination is required, as well as the condition of all officers absent from duty and cases of injury for which the city may become liable. He or she shall make a report to the city council annually, in the month of January, and in general perform all the duties and render all the services incumbent upon him or her by the laws of the commonwealth or the ordinances of the city.

Sec. 6-38. Assistant city physician.

The city physician may delegate to an assistant, who shall be under his or her supervision and whose appointment shall be subject to the approval of the mayor , such part of his or her duties as may seem best for the efficient administration of his or her office, without any additional salary for himself or herself or such assistant.

Sec. 6-39. Payment for medicine and prescriptions.

The city physician shall not require any person as may have been under his or her care as city physician to pay for medicine prescribed by him or her.

Secs. 6-40-6-55. Reserved
ARTICLE IV. BIOTECHNOLOGY RESEARCH*
Sec. 6-56. Biotechnology ordinance.

This article shall be known and may be cited as the "Somerville Biotechnology Ordinance."

Sec. 6-57. Biotechnology ordinance purpose.

It is the purpose of this article and the policy of the city to protect the public health, safety and general welfare of the residents of the city, and to promote the development of clean and pollution-free industry, through the regulation of the research and use of recombinant deoxyribonucleic acid ("rDNA") and biological agents . The research and use of rDNA and biological agents in the city shall be undertaken only in strict conformity with the guidelines as herein defined, this article and the SBC policies and procedures authorized herein.

Sec. 6-58. Biotechnology ordinance applicable to rDNA and/or biological agent research.

This article shall apply to all institutions in the city which research or use rDNA technology or biological agents as herein defined. This article shall require that rDNA and biological agent research and use be done only in strict conformity with the guidelines as herein defined, this article, and the SBC policies and procedures authorized herein. However, should a conflict arise between this article and the guidelines, this article shall take precedence.

Sec. 6-59. Definitions.

The following words, terms and phrases, when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates otherwise:

Biological agents : Any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsia or protozoa) or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance that requires BSL2 through BSL-4 containment as defined below.

Biosafety Level (BSL) : The level of protective measures needed in a laboratory setting to protect workers, the environment and the public. The BSL of individual biological agents shall be that which is recommended in the BMBL (defined below).

Brown-out : is an intentional or unintentional drop in voltage in an electrical power supply system. Intentional brownouts are used for load reduction in an emergency. A voltage reduction may be an effect of disruption of an electrical grid, or may occasionally be imposed in an effort to reduce load and prevent a power outage, known as a blackout.

Chair : the Chair of the Somerville Biosafety Committee, unless the context clearly indicates otherwise.

Guidelines shall mean:

  1. (a) NIH Guidelines: National Institutes of Health (“NIH”) Guidelines for Research Involving Recombinant DNA Molecules as published in the Federal Register of May 7, 1986, as well as NIH’s Design Requirements Manual as amended, March 5, 2020 for proposed BSL-3 laboratories, and
  2. (b) BMBL: Biosafety in Microbiological and Biomedical Laboratories as published by the Centers for Disease Control and Prevention (“CDC”) and National Institutes of Health, as amended, and
  3. (c) Any amendments, revisions, new editions, or substitutions to the NIH Guidelines or the BMBL, which are adopted by the US Department of Health and Human Services, CDC, and NIH (or a successor agency) that are accepted by the SBC. Any such amendments, revisions, new editions, or substitutions not acted upon by the SBC within 60 days of their effective date shall be considered accepted. In the event that NIH Guidelines or BMBL are discontinued or abolished, those guidelines in effect at the time of such discontinuance shall remain in effect for purposes of this article.

In the event that there is a conflict between the NIH Guidelines and the BMBL, the Committee shall require the more restrictive of the two.

Institution : a single individual, group of individuals, association, organization, corporation, educational institution, or medical facility conducting rDNA or biological agent research or use, which may include, but is not limited to, development, production, therapies, or diagnostics.

Institutional Biosafety Committee (IBC) : a local institutional committee established by an i nstitution in accordance with the guidelines, section 6-67 , and the SBC policies and procedures to review and oversee research and use of rDNA and biological agents conducted by the institution. The IBC assesses the safety of the research and identifies any potential risk to public health or the environment. (See section IV-B-2 of the NIH Guidelines.)

Low risk facility : any institution that creates, propagates, imports or uses rDNA in any form where: (1) the experiments are all exempt from the NIH Guidelines under Section III-F of the NIH Guidelines, or (2) users are not constructing rDNA organisms but are merely propagating them; or any institution conducting rDNA research or use that only requires BSL-1 containment.

Recombinant deoxyribonucleic acid (rDNA) and molecules and organisms and viruses containing RDNA : as defined in the NIH Guidelines.

Somerville Biosafety Committee or SBC : the committee established pursuant to section 6-60 to oversee the registration of low risk facilities and permitting of institutions conducting research or use of rDNA or biological agents.

SBC policies and procedures : the policies, procedures and criteria established by the SBC pursuant to section 6-60 to aid in the implementation of this article.

Sec. 6-60. Biosafety committee.
  1. (a) Establishment: There is hereby established a Somerville Biosafety Committee (hereinafter “SBC”) which shall oversee the registration of low risk facilities , and permitting of institutions conducting or proposing to conduct research involving the use of and developments of rDNA or other biological agents that require BSL -2, BSL-2 (Enhanced) or BSL-3. The SBC shall address safety concerns associated with areas of biotechnology research and make recommendations to the board of health and the City of Somerville.
  2. (b) Composition; terms of members; vacancies: The SBC shall be composed of the director of sustainability and environment or their designee, the agent or director of the board of health pursuant to M.G.L. c. 111, s. 30 or their designee or if no such agent or director is appointed, the HHS director or their designee, the emergency management director or their designee, a representative from the fire department, the director of the office of strategic planning and community development or their designee, the director of inspectional services or their designee; and three members to be appointed by the mayor and approved by the city council , which shall include an expert in the biotechnology field from the academic community and two members representative of the community members of Somerville. The membership should be broad-based and as representative as possible. The members appointed by the mayor shall serve for a three-year term. Any person appointed to fill a vacancy shall serve for the unexpired term of that vacancy.
  3. (c) Appointment of the chair : The chair shall be designated by a majority vote of the SBC.
  4. (d) Professional assistance authorized; costs: The SBC may retain competent professional assistance in carrying out their duties under this article, in accordance with the regular city procedures for obtaining such assistance.
  5. (e) Responsibilities: Specific responsibilities of the SBC shall include: (1) Establishing policies, procedures, and criteria to aid in the implementation of this article. (2) Determining the manner in which permit holders, registered institutions, and low risk facilities and institutions applying for registration or a permit pursuant to this article make reports or applications to the SBC and the type of information required in such reports or applications. (3) Reviewing reports, registrations, applications, and recommendations by the Institutional Biosafety Committees , and all other relevant documents. (4) Conducting site visits to proposed BSL-2, BSL-2 (Enhanced) and BSL-3 facilities. (5) Reviewing manuals and worker training programs, approving health-safety programs, waste removal processes and emergency response contingency plans, and monitoring the procedures required by this article. (6) Establishing procedures for individuals reporting violations of this article, the guidelines or any health regulations to the SBC. (7) Providing assistance to institutions during the permitting process. (8) Accepting all amendments to the guidelines before implementation.
  6. (f) In addition to the duties listed above, the SBC may: (1) Recommend to the mayor and city council amendments to this article to keep it abreast of the best scientific and industrial practice. (2) Recommend to the mayor and city council amendments to other city ordinances bearing on biological and chemical laboratories. (3) Share relevant documents with city departments and the board of health as needed to aid in the implementation of this article.
Sec. 6-61. Registration for low risk facilities.
  1. (a) Low risk facilities , as defined above, may conduct research and use of rDNA without a permit, provided, however, that such facilities shall register with the SBC and the City Clerk prior to conducting such research and use.
  2. (b) The written application for registration shall be submitted to the SBC in writing on a form provided for such purpose, accompanied by the required fee, if any, and shall include: (1) Name and curriculum vitae of a person in the organization familiar with the proposed rDNA research or use and the NIH Guidelines . (2) A brief summary from the above-named person describing the proposed rDNA research or use and providing: a. A list of all of the institution’s facilities within the City of Somerville, including the address and a description of the research or use of rDNA at each facility. b. Name and type of organisms (host/donor [foreign DNA]/vector) being used. c. Reference to the section of the NIH Guidelines where the rDNA research or use falls. d. If rDNA Molecules containing eukaryotic viruses are propagated in cells, give the approximate percentage of viral genome present. e. The scale (in liters) on which the organisms will be grown. f. An assurance that all rDNA research or use will be carried out following the NIH Guidelines, where applicable. g. Name of biological waste handler, if any, and written assurance that all waste will be disposed of according to all applicable federal, state, and local codes. h. Description of annual safety training and refresher training provided to laboratory staff.
  3. (c) A registration application shall be approved by the SBC if all of the information in subsection (b) is provided and the registration application is deemed complete by the SBC. The SBC may require additional information to be submitted if the application is incomplete, and may require the applicant to submit a full permit application pursuant to section 6-62 (Biosafety permits) of this article if the SBC determines that such permit is required under this article.
  4. (d) The SBC shall make a final determination on a registration application within 30 days of the submission of the application. The SBC shall notify the City Clerk of such final determination, and, upon the acceptance of the City Clerk, the applicant shall be promptly notified and registration shall be issued, if approved.
  5. (e) A registration shall be valid for a period of one year and shall be renewed annually, unless sooner revoked in accordance with this article. Applications for registration renewal shall be submitted to the SBC. Registrations may be amended in accordance with the policies and procedures of the SBC.
  6. (f) The SBC may set forth policies and procedures consistent with this article for the submission, review, and approval of registration applications and issuance, amendment and renewal of registrations. The SBC may establish fees for the processing of registrations as defined by SBC policies and procedures .
Sec. 6-62. Biosafety permits.
  1. (a) Any institution conducting or proposing to conduct research or use of rDNA or biological agents that require BSL -2, BSL-2 (Enhanced) or BSL-3 shall obtain a permit from the SBC . The institution shall submit an application for a permit to the SBC containing the following information: (1) A statement by the institution that it shall comply with the provisions of this article, the guidelines , and all federal and state laws. (2) A list of all of the institution's facilities within the City of Somerville, including the address and a description of the research or use of rDNA or biological agents at each facility. (3) A written agreement that reasonable inspections of facilities and pertinent records by the SBC shall be allowed. (4) A health and safety manual which shall contain all procedures relevant to the research or use of rDNA or biological agents at all levels of containment in use at the particular facility. (5) A plan for waste disposal in compliance with all applicable federal, state and local laws. (6) A training program of safeguards and procedures for personnel researching or using rDNA or biological agents. (7) An emergency response contingency plan which addresses, but is not limited to addressing containment during fire or other emergencies, the education and safeguarding of first responders, responses to inclement weather and power loss or brown-outs , and protection of employees and visitors in the building, responders, and the surrounding community. (8) An appropriate medical and environmental surveillance program in accordance with the guidelines. (9) A risk assessment of the activities to take place in the lab and possible impacts to employees, other building occupants , and the public. (10) Proof of liability insurance in an amount deemed sufficient by the SBC and naming the City of Somerville as an additional insured. (11) Effective rodent and insect control programs which shall be in place on premises where permitted research and use takes place in accordance with Article 2 section 11-38 . (12) A plot plan showing the proposed location of the facility and a floor plan showing the layout of the facility. (13) A list of all containment levels and decontamination procedures to be employed.
  2. (b) The applicant shall agree to release, indemnify, defend and hold the City of Somerville and its agents harmless as to any claims, assessments, damages or causes of action arising out of or related to the activities proposed or permitted.
  3. (c) As part of the process of reviewing the permit application, the SBC may request additional information from the applicant.
  4. (d) A permit shall be issued to the applicant if all of the above information is completed and complies with the guidelines, this article, and current industry standards. Permits shall be valid for one year from the date of issuance and shall be renewed on an annual basis, unless sooner revoked in accordance with this article. Applications for permit renewal shall be submitted to the SBC. In accordance with the policies and procedures of the SBC, permits may be amended and may be issued with reasonable conditions or restrictions relative to the SBC’s interest in protecting public health.
  5. (e) The SBC may set forth policies and procedures consistent with this article for the submission, review, and approval of permit applications and issuance, amendment and renewal of permits. The SBC may establish fees for the processing of permits as defined by SBC policies and procedures .
Sec. 6-63. BSL-4 containment not permitted.

Institutions requiring containment defined by the guidelines as BSL -4 shall not be permitted in the City of Somerville.

Sec. 6-64. Exemptions.

Laboratories in educational institutions used exclusively for instruction and not research experiments, and medical or clinical facilities that collect patient samples for testing at offsite laboratories, shall be exempt from the registration and permitting requirements of this article; provided, however, that clinical laboratories that are developing new diagnostic testing using rDNA or biologic agents shall comply with said requirements. All such facilities shall operate in compliance with all other applicable laws and regulations of the city .

Sec. 6-65. Permit procedure.
  1. (a) Applications for a permit under this article shall be made to the SBC on a form provided for that purpose, accompanied by the required fee, if any. When an application has been received in a completed form, as designated herein, a copy thereof shall be forwarded to the city clerk, and the acceptance of the city clerk shall designate the date of filing.
  2. (b) The SBC shall meet to discuss the completed application within 45 days after the date of filing with the city clerk, and the SBC shall make a final determination on a completed application within 60 days after such date of filing. If no action is taken within the time permitted, the permit is deemed denied. The SBC shall notify the city clerk of such final determination, and, upon the acceptance of the city clerk, the applicant shall be promptly notified and a permit shall be issued if so approved.
Sec. 6-66. Compliance with zoning ordinance.

All institutions registered, permitted or applying for a registration or permit shall comply with the zoning ordinance of the City of Somerville.

Sec. 6-67. Institutional biosafety committee.

An institution applying for a registration or permit pursuant to this article shall establish an IBC in accordance with the guidelines to review and oversee research and use of rDNA and biological agents and use conducted by the institution, provided, however, that the IBC shall include two community representatives approved by the SBC , at least one of whom shall be a resident of the city . The IBC shall be the final arbiter within an institution regarding the implementation of this article and the guidelines.

Sec. 6-68. IBC reports.

Each registered or permitted institution shall file regular reports with the SBC and IBC , in a manner to be determined by the SBC. The IBC shall forward all meeting minutes to the SBC, and shall submit to the SBC in a timely manner copies of all reports submitted to outside regulatory agencies.

The IBC shall notify the SBC, in a written report, of any significant changes to the research or use, equipment, facilities or any other significant changes to the information submitted as part of the registration or permit application.

Sec. 6-69. Emergency procedure: accident, illness and violation reports.
  1. (a) Any accidental release or exposure, or research or use related accident or illness, which represents a potential hazard to employees or the public, shall be reported by the permit holder or registered institution immediately to the fire department via 911, the agent or director of the board of health pursuant to M.G.L. c. 111, s. 30, the emergency management director, and the SBC no later than 24 hours after such release, exposure, accident, or illness.
  2. (b) The permit holder or registered institution shall report to the SBC in writing any violations of the guidelines or this article no later than 30 days after such violation is known or should be known; unless the violation creates an emergency situation under subsection (a).
  3. (c) The permit holder or registered institution shall provide the SBC, within 14 days of any incidents pursuant to subsection (a), a written report describing how emergency measures complied with the emergency response contingency plan, and what actions shall be taken to correct the problem or violation and prevent the problem or violation from recurring.
  4. (d) The mayor may, in their discretion, if satisfied that a dangerous condition exists relating to any rDNA and/or biological agent research or use, declare an emergency and take action as necessary to remedy the emergency.
Sec. 6-70. Confidentiality of documents.

Proprietary documents as designated by the institution proposing to research or use rDNA or biological agents shall be separated from the documents available to the public, subject to applicable public records law, the SBC shall develop policies and procedures to protect the confidentiality of any information including but not limited to that which, if released, could jeopardize the health and safety of the public, such as but not limited to lab locations and security measures.

Sec. 6-71. Enforcement.
  1. (a) Any institution which violates any provision of this article shall be subject to a fine in accordance with the provisions of section 1-11 . Each day a violation continues shall constitute a separate and distinct offense.
  2. (b) Once a registration or permit has been issued, it may be revoked, suspended, or modified by the SBC upon determination by the SBC, after due notice and hearing, that the registered or permitted institution has materially failed to comply with this article, the terms of the registration or permit, or the guidelines .
  3. (c) Notwithstanding subsection (b), the SBC, upon a determination that any violation constitutes an immediate and severe threat to the public health and safety, may order the immediate revocation of the registration or permit and preliminary closure of any low-risk facility, institution or laboratory within a facility or institution engaging in or contributing to such threat, without prior notice and hearing, but with subsequent timely notice and hearing.
  4. (d) Final decisions of the SBC may be appealed to the extent permitted by law, in a court of competent jurisdiction.
Sec. 6-72. Severability.

If any section, subsection, sentence, clause, or portion of this article is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

Sec. 6-73. Effective date.

This article shall take effect 30 days after approval of the city council and the mayor .

Sec. 6-74. Existing institutions.

This article shall apply to all institutions applying for a permit or registration after the effective date. An institution that was permitted prior to the effective date shall not be required to submit a new permit application under section 6-62 until renewal of their permit, provided, however that said institutions shall otherwise comply with this article and the guidelines , and shall respond to SBC requests for updated documents or additional information prior to the permit renewal as needed for the protection of public health and safety.

An institution that has submitted a permit application prior to the date of approval of the city council and the mayor that is still under review by the SBC shall make a reasonable effort to comply with the SBC requests for additional documentation and information to bring the institution into compliance with the permit application requirements herein provided, however, that an institution that submits a permit application subsequent to approval of the city council and the mayor but prior to the effective date shall be required to submit the information set forth in section 6-61 and section 6-62 .

Secs. 6-75-6-80. Reserved.
ARTICLE V. AIDS COMMISSION*
Sec. 6-81. AIDS commission.

There is hereby established a Somerville AIDS Commission.

Sec. 6-82. AIDS commission purpose.

Acquired immune deficiency syndrome (AIDS) is a potentially life-threatening condition caused by the human immunodeficiency virus (HIV). AIDS and HIV infection represent an international epidemic. It challenges our society medically, politically, economically, culturally and spiritually. People of all sexual orientations, races, cultures, ages, genders and linguistic groups are affected. There is serious concern regarding the growing impact of the epidemic on the community and City of Somerville and all of its residents.

It shall be the function of the AIDS commission to:

  1. (1) Raise and sustain the community's awareness about the extent and impact of the HIV/AIDS epidemic on Somerville's diverse racial, age, gender, sexual orientation and linguistic populations. (2) Mobilize, involve and lead the community in confronting and responding to the epidemic. (3) Evaluate the full implications of HIV/AIDS on the city. (4) Recommend and/or develop policies, strategies and programs which respond to the needs of the community, such as: a. Prevention of further HIV infection among city residents. b. Provision for the medical and social needs of those affected by HIV disease. c. Education of people at risk, service providers and the general public. d. Protection against discrimination based on HIV/AIDS status, or perception of risk due to behavior or membership in any group or community.
Sec. 6-83. AIDS commission duties.

The powers and duties of the AIDS commission shall be:

  1. (1) To assess the current and projected impact of the HIV/AIDS epidemic on the city and all of its residents. (2) To assess the current and projected needs of the city and its residents regarding HIV/AIDS services, education, prevention and other resources. (3) To design, recommend and/or implement public and private programs, resources and services which respond to the needs identified. (4) To develop recommendations and propose policies to all departments, divisions and agencies of the city, including the mayor and city council , as well as to public and private agencies. (5) To coordinate HIV/AIDS-related activities of all departments, divisions and agencies of the city, as well as public and private agencies. (6) To obtain from city departments, divisions and agencies, as well as public and private agencies, information necessary to carry out the activities of the commission. (7) To initiate, coordinate and monitor the enactment of city, state and federal legislation which ensure adequate HIV-related programs, resources and services and which prevent HIV-related discrimination. (8) To promote involvement of the city's populations in the community's response to the HIV/AIDS epidemic. (9) To promote equal access for all people with HIV infection to public and private programs, resources and services. (10) To advocate on behalf of individuals or groups confronted with discrimination based on HIV/AIDS status or perception of risk for HIV infection. (11) To raise funds for the use of the commission; to accept, pursuant to Chapter 44, Section 53A of the General Laws , money, gifts and services for its exclusive use and expend or use the same; and, subject to appropriation or to receipt of such money, gifts, and services, employ clerical and technical assistants or consultants; to be consulted by and make recommendations to the mayor with regard to the employment of staff members; and to enter into contracts appropriate to the carrying on of its work. (12) To conduct public programs and media events in City Hall, city libraries, and on other city-owned property as well as in other locations within and without the city. (13) To hold membership in relevant state and national organizations. (14) To recruit and recommend prospective commissioners for subsequent appointment by the mayor. (15) To create and adopt bylaws which govern the activities of the commission. (16) To promote involvement of the private sector in responding to the HIV/AIDS epidemic. (17) To reevaluate the ever changing nature and challenges proposed by the epidemic and respond appropriately.

The commission shall have, in addition to the powers, authority and duties granted to it by this article, such other powers, authority and duties as may be delegated or assigned to it from time to time by vote of the city council, with approval of the mayor.

Sec. 6-84. AIDS commission membership.
  1. (a) Membership . The AIDS commission shall consist of no less than 13 and no more than 21 members.
  2. (b) Appointment . Members of the commission shall be appointed by the mayor and confirmed by the city council . The mayor shall consider recommendations for appointment provided by the commission.
  3. (c) Initial appointments . Staggered positions shall be created initially, such that one-third of the positions shall be vacated each year. To this end, there shall be seven one-year terms, seven two-year terms and seven three-year terms created retroactively to June 1, 1989.
  4. (d) Terms . After the initial appointments, subsequent appointments to the commission shall be for three years. If a vacancy occurs prior to the expiration of a member's term, an appointment shall be made for the remainder of the term.
  5. (e) Composition . The membership of the commission shall at all times be representative of the city's diversity, which includes but is not limited to people infected with HIV, racial and linguistic minorities, gay and bisexual people, health and human service providers, educators, clergy and representatives of the business community. Membership will include whenever possible at least one representative from each of the following city departments: health, human services, youth, schools, police and fire.
  6. (f) Compensation . No commissioner shall receive compensation for his or her service on the commission but shall be reimbursed, subject to availability of funds, for his or her actual expenses reasonably and necessarily incurred in performance of his or her official duties.
  7. (g) Conflict of interest . If any commission member or alternate is employed or to be employed by the city or to have directly or indirectly a financial interest in any contract with the city, except those employees specifically designated in subsection (e), the classification of "special municipal employee" should be obtained from the city council; and all other requirements as set forth under Chapter 268A of the General Laws shall be met.
Sec. 6-85. AIDS commission qualifications.

At the time of appointment, commissioners must either be residents of the city or employed in the city in positions which serve the city. If a commissioner loses this status during his or her appointment, the position of said commissioner shall be automatically vacated upon certification to the mayor by the commission.

Sec. 6-86. AIDS commission staff qualifications.
  1. (a) Prospective staff of the commission shall have the demonstrated ability to work cooperatively with members of diverse populations, as described in section 6-84 (e).
  2. (b) Prospective staff shall have demonstrated qualifications appropriate for the position being filled.
Sec. 6-87. Recordkeeping.
  1. (a) Record keeping and rules . The commission shall keep a permanent record of its resolutions, transactions and determinations, and may adopt and amend such rules and regulations not inconsistent with the provisions of this article and prescribe such forms as it shall deem desirable and necessary for the regulations of its affairs and the conduct of its business. The commission shall file a copy of any such rules and regulations with the city clerk.
  2. (b) Confidentiality of records . All commission records shall be public except those that are necessary to ensure privacy rights under other local, state or federal laws and those records that must be kept confidential in compliance with laws and rules of evidence.
ARTICLE VI. DECEPTIVE ADVERTISING PRACTICES OF LIMITED SERVICES PREGNANCY CENTERS
Sec. 6-88. Definitions.

The following definitions shall apply to this article:

Abortion means the termination of a pregnancy for purposes other than producing a live birth. "Abortion" includes, but is not limited to, a termination of a pregnancy using pharmacological agents.

Client means an individual who is inquiring about or seeking services at a pregnancy services center.

Clinical laboratory services means the microbiological, serological, chemical, hematological, biophysical, cytological or pathological examination of materials derived from the human body for the purpose of obtaining information for the diagnosis, prevention or treatment of disease or the assessment of a health condition.

Emergency contraception means one or more prescription drugs:

  1. (a) used separately or in combination for the purpose of preventing pregnancy;
  2. (b) administered to or self-administered by a patient within a medically recommended amount of time after sexual intercourse;
  3. (c) dispensed for such purpose in accordance with professional standards of practice; and,
  4. (d) determined by the United States Food and Drug Administration to be safe for such purpose.

Health information means any oral or written information in any form or medium that relates to health insurance or the past, present or future physical or mental health or condition of a client.

Licensed health care provider means a person licensed under the provisions of federal or state law to provide health care or other medical services.

Limited services pregnancy center means a pregnancy services center that does not directly provide, or provide referrals for, abortions or emergency contraception.

Pregnancy-related service means any medical or health counseling service related to pregnancy or pregnancy prevention, including, but not limited to, contraception and contraceptive counseling, pregnancy testing, pregnancy diagnosis, pregnancy options counseling, obstetric ultrasound, obstetric sonogram and prenatal care.

Pregnancy services center means a facility, including a mobile facility, the primary purpose of which is to provide services to clients who are or have reason to believe they may be pregnant and that either:

  1. a) offers obstetric ultrasounds, obstetric sonograms, pregnancy testing or diagnosis or prenatal care to pregnant clients, or;
  2. b) has the appearance of a medical facility by virtue of having two or more of the following factors present: (i) Staff or volunteers who wear medical attire and uniforms; (ii) one or more examination tables; (iii) a private or semiprivate room or area containing medical supplies or medical instruments; (iv) staff or volunteers who collect health information from clients; or (v) the facility is located on the same premises as a licensed health care facility or licensed health care provider or shares facility space with a licensed health care provider.

Premises means land and improvements or appurtenances or any part thereof.

Prenatal care means services consisting of a physical examination, pelvic examination or clinical laboratory services provided to a client during pregnancy.

Sec. 6-89. Deceptive practices.

No limited services pregnancy center , with the intent to perform a pregnancy-related service , shall make or disseminate before the public, or cause to be made or disseminated before the public, in any newspaper or other publication, through any advertising device, or in any other manner, including, but not limited to, through use of the Internet, any statement concerning any pregnancy-related service or the provision of any pregnancy-related service that is deceptive, whether by statement or omission, and that a limited services pregnancy center knows or reasonably should know to be deceptive.

Sec. 6-90. Enforcement.

The provisions of this article shall be enforced by a noncriminal disposition pursuant to Massachusetts General Laws Chapter 40, Section 21D. Each failure to comply with the requirements set forth in this Ordinance shall be deemed a separate offense. A person or entity violating any provisions of this article shall be punishable in accordance with the provisions of Somerville Code of Ordinances Section 1-11 .

Nothing in this section shall prohibit the city from seeking any legal or equitable relief permitted by law.

ARTICLE VII. FOSSIL FUEL FREE CONSTRUCTION
Sec. 6-91. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates otherwise:

Conditioned floor area . As defined in the most recently Massachusetts adopted International Energy Conservation Code (IECC) edition with applicable Massachusetts amendments.

Fossil fuel free . An entire building or entire unit, and common area as applicable, that does not, in support of its operation after construction, utilize coal, oil, natural gas, other fuel hydrocarbons, including synthetic equivalents, or other fossil fuels.

Fossil fuel-free demonstration . Codified by the entirety of 225 CMR 24.00, the Fossil Fuel Free Demonstration.

Historic buildings . As defined in the most recently Massachusetts adopted International Existing Building Code (IEBC) edition with applicable Massachusetts amendments.

Major renovation . As defined in 225 C.M.R. 24.00.

Residential building . As defined in the most recently Massachusetts adopted IECC edition with applicable Massachusetts amendments.

Specialized Energy Code . Codified by the entirety of 225 CMR 22.00 and 23.00 including Appendices RC and CC, the Specialized Energy Code adds residential and commercial appendices to the Massachusetts Stretch Energy Code, based on amendments to the respective net-zero appendices of the IECC to incorporate the energy efficiency of the Stretch Energy Code and further reduce the climate impacts of buildings built to this code, with the goal of achieving net-zero greenhouse gas emissions from the buildings sector no later than 2050.

Sec. 6-92. Purpose.

The purpose of 225 CMR 24.00, also referred to as the fossil fuel-free demonstration , is to restrict and prohibit new building construction and major renovation projects that are not fossil fuel-free.

Sec. 6-93. Applicability.

This restriction applies to residential and non-residential buildings that qualify as new construction or major renovation , as defined in 225 CMR 24.00. This restriction shall not apply to research laboratories for scientific or medical research, hospitals and medical offices regulated by the department of public health as a health care facility as defined in 225 CMR 24.00.

Sec. 6-94. Fossil fuel-free demonstration.

The fossil fuel-free demonstration , as codified by the entirety of 225 CMR 24.00, is herein incorporated by reference into the City of Somerville Code of Ordinances, Chapter 6, with an effective date as set forth in section 6-97 .

With adoption of the fossil fuel-free demonstration, and upon approval by the department of energy resources (DOER), the following amendments to the Specialized Energy Code are adopted. This ordinance is enforceable by the director of the inspectional services department or designee and shall go into effect for any project seeking a permit after the effective date.

  1. (a) Low-rise Residential Code (225 CMR 22 Appendix RC) (1) Sections RC102 and RC101 “Zero Energy Pathway” and “Mixed Fuel Pathway” shall not be permitted for use for new construction, with the following exceptions: a. Emergency and standby power systems, as defined as level 1 and level 2 systems in the NFPA 110 (2022) Section 4.4, b. Heating and hot water supplied to a building through a district energy system or central utility plant, c. Freestanding outdoor heating and cooking appliances that are not connected to the building’s natural gas or propane infrastructure and are used to facilitate outdoor dining.
  2. (b) Commercial and all other (225 CMR 23 Appendix CC) (1) Sections CC103 and CC105 “Zero Energy Pathway” and “Mixed-Fuel Pathway” shall not be permitted for new construction, with the following exceptions: a. Research laboratories and facilities for research and development, scientific or medical research, whether in a singular or mixed-use structure, b. Hospitals regulated by the department of public health as a health care facility, whether in a singular or mixed-use structure, c. Medical offices regulated by the department of public health as a health care facility, whether in a singular or mixed-use structure, d. Multifamily buildings over 12,000 square feet with permit application filed prior to January 1, 2027 may utilize gas or propane for domestic water heating as the only combustion equipment, e. Emergency and standby power systems, as defined as level 1 and level 2 systems in the NFPA 110 (2022) Section 4.4, f. Autobody shops, g. Onsite vehicle fueling connections, h. Equipment in critical use facilities for medical care and intensive research that meet the definitions of Critical Operations Data Systems and Critical Operations Power Systems as defined by the Massachusetts Electrical Code, i. Heating and hot water supplied to a building through a district energy system or central utility plant, j. Commercial cooking equipment used in a restaurant or cafeteria in a building that has applied for a building permit prior to January 1, 2035, provided that the electrical panel has sufficient capacity for the later installation of fully electric food preparation equipment, k. Freestanding outdoor heating and cooking appliances that are not connected to the building’s natural gas or propane infrastructure and are used to facilitate outdoor dining.
  3. (c) Equipment or appliances used for space heating, service water heating, cooking, clothes drying, and/or lighting that can utilize coal, oil, natural gas, other fuel hydrocarbons, including synthetic equivalents, or other fossil fuels may not be installed as part of any residential or non-residential major renovation , with the exception of (a)(1)(a) through (a)(1)(c) and (b)(1)(a) through (b)(1)(k) above. All Major Renovations associated with (a)(1)(a) through (a)(1)(c) and (b)(1)(a) through (b)(1)(k) must follow applicable stretch and Specialized Energy Code requirements as applicable.
Sec. 6-95. Waivers.
  1. (a) The director of the office of sustainability environment or designee shall periodically review and rule on applications for waivers to the fossil fuel free demonstration.
  2. (b) The director of the office of sustainability environment or designee shall determine and publicly release guidance for applying for a waiver. A waiver may be granted for the following: (1) Any equipment, appliance, or building system for which sufficient utility electric service cannot or is not projected to be reasonably available and there is no alternative fossil fuel-free technology or system reasonably available by the time of building occupancy, provided that the applicant must furnish a letter signed by a licensed electrician, design professional, or a utility, describing service limitations. (2) Within a multifamily building in which less than 50% of the total housing units are undergoing a major renovation , a unit that shares a heating system with another housing unit that is not undergoing a major renovation, as demonstrated by the applicant. (3) Historic buildings , as demonstrated by the applicant. (4) Manufacturing process loads if the process load cannot physically or reasonably be converted to a fossil fuel-free process, as demonstrated by the applicant.
Sec. 6-96. Reports.
  1. (a) Planning review board, building permit, and certificate of occupancy applications must include electronic copies of any third-party energy reporting on new construction and major renovation projects that illustrate the expected energy use for each major end use. These include but are not limited to relevant sections of: final home energy reporting system rating reports; passive house certification reports; building energy modeling reports used to demonstrate commercial energy code compliance through ASHRAE 90.1 or thermal energy demand intensity (TEDI) building code compliance pathway.
  2. (b) Bi an n ua ll y, the director of the office of sustainability and environment or designee, shall review exceptions . Findings of applicability shall be issued to the city council.
Sec. 6-97. Effective date.

This ordinance shall take effect 180 days after acceptance into the fossil fuel free demonstration project or upon approval of any home rule petition authorizing the City of Somerville to establish a net zero emissions standard for new constructed buildings and major renovation projects , whichever is sooner .

Sec. 6-98. Conflicting provisions.

Where there are conflicting provisions, the provision securing the greater degree of public safety, health , or general welfare, shall be applied in that order.

Sec. 6-99. Severability.

The provisions of this article are severable, and if any part of this article should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the article and the remainder of the article shall stay in full force and effect.

CHAPTER 7 HOUSING*

*Cross reference(s) – Fire prevention and protection, Ch. 5; public works, Ch. 11; streets, sidewalks and other public places, Ch. 12.

ARTICLE I. IN GENERAL
Sec. 7-1. Posting of name and address of owner or agent.
  1. (a) An owner of a dwelling which is rented for residential use, who does not reside therein and who does not employ a manager or agent for such dwelling who resides therein, shall post and maintain or cause to be posted and maintained on such dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location on the entry level visible to the residents and reasonably likely to be readily accessed by the residents a notice, constructed of durable material, not less than 20 square inches in size, bearing his or her name, address and telephone number. If the owner is a realty trust or partnership, the name, address and telephone number of the managing trustee or partner shall be posted. If the owner is a corporation, the name, address and telephone number of the president of the corporation shall be posted. Where the owner employs a manager or agent who does not reside in such dwelling, such manager or agent's name, address and telephone number shall also be included in the notice. All notices pursuant to this section shall include a statement, on a form prescribed by the city, that a tenant who believes that there is a health code, building code, fire code, or sanitary code violation may arrange for a code inspection by contacting the City of Somerville Constituent Service Department. Such notice shall provide the phone number and address for the City of Somerville Constituent Service Department.
  2. (b) Enforcement. The penalty for violation of any provision of this section shall be in accordance with section 1-11 (b) of the Somerville Code of Ordinances. Each day on which a violation exists shall be deemed a separate violation. There shall be at least seven days between violations issued for offenses in violation of the provisions of this section. The provisions of this section may be enforced in accordance with the noncriminal disposition process of M.G.L. c. 40, § 21D, provided that this section shall not preclude the City of Somerville from proceeding to restrain a violation by injunction. The superintendent of ISD may promulgate written rules and regulations necessary to implement and enforce the provisions of this section.
  3. (c) Effective date of section. This section shall take effect 60 days from the date of passage.
Sec. 7.2. Parking permit restriction notification
  1. (a) Advertisement disclosure: A public communication or announcement, regardless of form, intended to promote the sale or rental of a dwelling unit shall disclose if the availability of parking permits is restricted pursuant to Section 11.2.6 of the Somerville Zoning Ordinances, Section 15-2.1(5) of the Somerville Traffic Regulations, special permit granting authority decision, or other applicable state or local law. (1) If a certificate of occupancy is required for a dwelling unit for which the availability of parking permits is restricted, the certificate of occupancy may not be issued until the owner or agent provides to the Inspectional Services and Parking Departments an affidavit certifying compliance with the requirements of §7-2(a).
  2. (b) Notification requirement: Prior to the execution or renewal of a rental or sale agreement for a dwelling unit for which the availability of parking permits is restricted, the owner of the dwelling unit or their agent shall provide written notification to a prospective buyer or tenant on a form prescribed by the Parking Department. The owner or agent shall provide notification regardless of eligibility for a waiver of restriction on the availability of parking permits. Any eligibility for a waiver of the parking permit restriction shall not impact this notification requirement. Both the owner or their agent, and the prospective buyer or tenant shall sign and date the notification. (1) An owner shall retain a copy of the signed notification for the duration of the tenancy, or for three years after the sale, of a unit and make the copy available to the city upon request.
  3. (c) Enforcement: The Inspectional Services and Parking Departments may enforce the provisions of this section. Each violation shall be deemed a separate offense and, in the case of a continuing violation, each day that a violation continues shall constitute a separate offense. Violation of any provision of this article shall be punished in accordance with § 1-11 . The city may institute other remedies to abate violations of this article, as permitted by law, in addition to the imposition of the penalties prescribed by § 1-11 .
Secs. 7-3-7-15. Reserved.

Ord. No. 2025-19 , 10-9-2025

ARTICLE II. HISTORIC DISTRICTS*

State law reference(s) – Historic districts, M.G.L.A . c. 40C.

Sec. 7-16. Historic preservation and historic district policy.

It is hereby declared a matter of public policy that the protection, enhancement, preservation and use of historical resources or value is a public necessity and is required in the interest of education, prosperity, safety and welfare of the people. The purpose of this article is to:

  1. (1) Protect, enhance and preserve cultural and historical resources, including those districts which represent or reflect elements of the city's cultural, social, economic, political or architectural history; (2) Safeguard the city's historical and cultural heritage by improving historical and cultural resources and by creating historic districts ; (3) Foster wider public awareness of and pride in the accomplishments of the past; (4) Encourage private efforts of citizens of the city in support of such purposes; (5) Promote the use of historic districts as a stimulus to local business and industry; (6) Enhance the city's image to residents, visitors and tourists and make the city a more attractive and desirable place in which to live and work.
Sec. 7-17. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Altered includes the words "rebuilt," "reconstructed," "restored," "removed" and "demolished" and the phrases "changed in exterior color" and "any alteration to exterior physical appearance or exterior architectural feature visible from a public way."

Building means a combination of materials forming a shelter for persons, animals or property.

Commission means the historic preservation commission created under this article.

Constructed includes the words "built," "erected," "installed," "enlarged" and "moved,"

Exterior architectural feature means such portion of the exterior of a building or structure as is open to view from a public street, public way, public park or public body of water, including but not limited to the architectural style and general arrangement and setting thereof; the kind, color and texture of exterior building materials, the color of paint or other materials applied to exterior surfaces and the type and style of windows, doors, lights, signs and other appurtenant exterior fixtures.

Historic district is an area designated in accordance with section 7-18 that contains one or more parcels or lots of land, or one or more buildings or structures on one or more parcels or lots of land.

Person aggrieved means the applicant, an owner of adjoining property, an owner of property within the same historic district as property within 100 feet of said property lines and any charitable corporation in which one of its purposes is the preservation of historic structures or districts.

Structure means a combination of materials other than a building, including a sign, fence, wall, hitching post, terrace, walk or driveway.

Cross reference(s) – Definitions and rules of construction, § 1-4 .

Sec. 7-18. Historic districts.

The city may, by ordinance adopted by two-thirds vote of the city council , establish historic districts subject to the following provisions:

  1. (1) Process . Prior to the establishment of any historic district in the city, an investigation and report on the historical and architectural significance of the buildings , structures or sites to be included in the proposed historic district or districts shall be made by an historic district study committee or by an historic district commission , as provided in this section. The buildings, structures or sites to be included in the proposed historic district may consist of one or more parcels or lots of land, or one or more buildings or structures on one or more parcels or lots of land. The study committee or the commission shall transmit copies of the report to the planning board, and to the state historical commission for their respective consideration and recommendations. Not less than 60 days after such transmittal the study committee or commission shall hold a public hearing on the report after due notice given at least 14 days prior to the date thereof, which shall include a written notice given by certified mail, postage prepaid, return receipt requested, to the owners as they appear on the most recent real estate tax list of the board of assessors of all properties to be included in such district or districts. The committee shall submit a final report with its recommendations, a map of the proposed district or districts and a draft of a proposed ordinance to the city council. (2) Formation of historic district study committee . An historic district study committee may be established in the city by vote of the city council for the purpose of making an investigation of the desirability of establishing an historic district or districts therein. The study committee shall consist of not less than three nor more than seven members appointed by the mayor , subject to confirmation by the city council including: one member from two nominees submitted by the Somerville Historical Society or, in the absence thereof by the Society for the Preservation of New England Antiquities; one member from two nominees submitted by the local chapter of the American Institute of Architects; and one member from two nominees of the board of realtors, if any, covering the area. If, within 30 days after submission of a written request for nominees to any of the organizations herein named, no such nominations have been made, the appointing body may proceed to appoint the study committee without nominations by such organization.
Somerville Historic Districts
Address Street Local Register Year Approved State Register National Register
12 Adams Street Yes 1985 Yes Yes
15 Adams Street Yes 1989 Yes Yes
55-63 Adams Street No - Yes Yes
37 Albion Street Yes 1985 Yes Yes
6 Aldersey Street Yes 2003 Yes No
8 Aldersey Street Yes 2003 Yes No
12 Aldersey Street Yes 2003 Yes No
14 Aldersey Street Yes 2003 Yes No
16 Aldersey Street Yes 2003 Yes No
18 Aldersey Street Yes 2003 Yes No
9-11 Aldersey Street Yes 2003 Yes No
17-19A Aldersey Street Yes 2003 Yes Yes
1 Arlington Street Yes 1985 Yes Yes
10 Arlington Street Yes 1985 Yes Yes
36 Atherton Street Yes 1985 Yes Yes
40 Atherton Street Yes 1985 Yes Yes
47 Atherton Street No - Yes Yes
48 Atherton Street Yes 1985 Yes Yes
53 Atherton Street Yes 2010 Yes Yes
54 Atherton Street No - Yes Yes
58 Atherton Street Yes 1985 Yes Yes
60 Atherton Street Yes 1985 Yes Yes
61 Atherton Street Yes 1985 Yes Yes
25-35 Atherton Street Yes 1985 Yes Yes
44-46 Atherton Street Yes 1985 Yes Yes
55-57 Atherton Street No - Yes Yes
65-67 Atherton Street No - Yes Yes
28 Beacon Street Yes 1985 Yes Yes
30 Beacon Street Yes 1985 Yes Yes
32 Beacon Street Yes 1985 Yes Yes
33 Beacon Street Yes 1985 Yes Yes
34 Beacon Street Yes 1985 Yes Yes
36 Beacon Street Yes 1985 Yes Yes
94 Beacon Street Yes 2017 Yes No
101 Beacon Street Yes 2017 Yes No
102 Beacon Street Yes 2017 Yes No
245 Beacon Street Yes 1989 Yes Yes
2 Benton Road No - Yes Yes
3 Benton Road No - Yes Yes
12 Benton Road Yes 1985 Yes Yes
18 Benton Road Yes 1985 Yes Yes
81 Benton Road Yes 1985 Yes Yes
85 Benton Road Yes 1985 Yes Yes
2 Bigelow Street Yes 1989 Yes Yes
17 Bonner Avenue Yes 1989 Yes No
65 Boston Street Yes 1989 Yes No
83 Boston Street Yes 1989 Yes Yes
91 Boston Street Yes 1989 Yes Yes
17 Bow Street Yes 1985 Yes Yes
26 Bow Street Yes 1985 Yes Yes
30 Bow Street Yes 1985 Yes Yes
33 Bow Street Yes 1985 Yes Yes
34 Bow Street Yes 1985 Yes Yes
36 Bow Street Yes 1985 Yes Yes
42 Bow Street Yes 1985 Yes Yes
46 Bow Street Yes 1985 Yes Yes
50 Bow Street Yes 1985 Yes Yes
56 Bow Street Yes 1985 Yes Yes
38-40 Bow Street Yes 1985 Yes Yes
39-49 Bow Street Yes 1985 Yes Yes
58-68 Bow Street Yes 1985 Yes Yes
9 Brastow Avenue Yes 2011 Yes No
257 Broadway Yes 1989 Yes No
333 Broadway Yes 1989 Yes No
392 Broadway Yes 1989 Yes No
394 Broadway Yes 1989 Yes No
396 Broadway Yes 1989 Yes No
398 Broadway Yes 1989 Yes No
400 Broadway Yes 1989 Yes No
404 Broadway Yes 1989 Yes Yes
419 Broadway Yes 1989 Yes No
438 Broadway Yes 1985 Yes Yes
838 Broadway Yes 1985 Yes Yes
359-361 Broadway Yes 1985 Yes Yes
363-365 Broadway Yes 1985 Yes Yes
1170 Broadway Yes 2011 Yes No
3-5 Campbell Park Yes 1989 Yes Yes
7 Campbell Park Yes 1989 Yes Yes
9-11 Campbell Park Yes 1989 Yes Yes
13 Campbell Park Yes 1989 Yes Yes
15 Campbell Park Yes 1989 Yes Yes
19 Campbell Park Yes 1989 Yes Yes
15 Central Street Yes 2010 Yes No
34 Central Street No - Yes Yes
36 Central Street No - Yes Yes
40 Central Street No - Yes Yes
58 Central Street No - Yes Yes
137 Central Street Yes 1989 Yes No
139 Central Street Yes 1989 Yes No
141 Central Street Yes 1989 Yes No
143 Central Street Yes 1989 Yes No
145 Central Street Yes 1989 Yes No
158 Central Street Yes 1989 Yes No
170 Central Street Yes 1989 Yes No
178 Central Street Yes 1985 Yes Yes
181 Central Street Yes 2021 No No
183 Central Street Yes 2021 No No
187 Central Street Yes 2021 No No
192 Central Street Yes 1985 Yes Yes
194 Central Street Yes 1985 Yes Yes
196 Central Street Yes 1985 Yes Yes
198 Central Street Yes 1985 Yes Yes
200 Central Street Yes 1985 Yes Yes
201 Central Street Yes 2021 Yes No
8 Cherry Street Yes 1989 Yes No
36 Cherry Street Yes 1985 Yes Yes
20 Chester Street Yes 1985, 1989 Yes Yes
23 Chester Street Yes 1985, 1989 Yes Yes
24 Chester Street Yes 1985, 1989 Yes Yes
27 Chester Street Yes 1989 Yes Yes
7 Clarendon Avenue Yes 10/2011 Yes No
11 Clark Street Yes 1989 Yes No
25 Clyde Street Yes 1985 Yes Yes
40 College Avenue Yes 1985 Yes Yes
88 College Avenue Yes 1985 Yes Yes
21 College Hill Road Yes 1985 Yes Yes
27 Columbus Avenue Yes 1989 Yes No
41 Columbus Avenue Yes 1989 Yes No
45 Columbus Avenue Yes 1989 Yes No
47 Columbus Avenue Yes 1989 Yes No
50 Columbus Avenue Yes 1989 Yes No
53 Columbus Avenue Yes 1989 Yes No
55 Columbus Avenue Yes 1989 Yes No
56 Columbus Avenue Yes 1989 Yes No
57 Columbus Avenue Yes 1989 Yes No
58 Columbus Avenue Yes 1989 Yes No
59 Columbus Avenue Yes 1989 Yes No
61 Columbus Avenue Yes 1989 Yes Yes
63 Columbus Avenue Yes 1989 Yes Yes
67 Columbus Avenue Yes 1989 Yes No
68 Columbus Avenue Yes 1989 Yes No
69 Columbus Avenue Yes 1989 Yes No
70 Columbus Avenue Yes 1989 Yes No
73 Columbus Avenue Yes 1989 Yes No
75-77 Columbus Avenue Yes 1989 Yes No
76 Columbus Avenue Yes 1989 Yes No
78 Columbus Avenue Yes 1989 Yes No
23 Craigie Street Yes 1989 Yes No
59 Cross Street Yes 1989 Yes No
108 Cross Street No 1989 Yes Yes
8 Cross Street East Yes 1989 Yes No
10 Cross Street East Yes 1989 Yes No
12 Cross Street East Yes 1989 Yes No
14 Cross Street East Yes 1989 Yes No
16 Cross Street East Yes 1989 Yes No
62 Dane Street Yes 2010 Yes No
64 Dane Street Yes 2010 Yes No
65 Dane Street Yes 2010 Yes No
66 Dane Street Yes 2010 Yes No
72R Dane Street Yes 1985 Yes Yes
21 Dartmouth Street Yes 1985 Yes Yes
49-55 Davis Square Yes 1989 Yes Yes
30 Day Street Yes 1989 Yes No
34 Day Street Yes 1985 Yes Yes
21-23 Elm Place Yes 2011 Yes Yes
22-24 Elm Place No - Yes Yes
25 Elm Place No - Yes Yes
81 Eustis Street Yes 1985 Yes Yes
14 Everett Street Yes 2010 Yes No
13-15 Fairmount Avenue Yes 1985 Yes Yes
11-13 Flint Street Yes 2010 Yes No
14 Flint Street Yes 2010 Yes No
15-17 Flint Street Yes 2010 Yes No
22 Flint Street Yes 2010 Yes No
67 Florence Street Yes 2010 Yes No
30 Forest Street Yes 1989 Yes No
47 Franklin Street Yes 2011 Yes No
74 Franklin Street Yes 2010 Yes No
80 Franklin Street Yes 2010 Yes No
20 George Street Yes 1989 Yes No
14 Hall Avenue Yes 1994 Yes No
15 Hall Avenue Yes 1994 Yes No
1 Harvard Place Yes 1985 Yes Yes
3 Harvard Place Yes 1985 Yes Yes
9 Harvard Place x 1985 x x
10 Harvard Place Yes 2010 Yes Yes
11 Harvard Place Yes 1985 Yes Yes
14 Harvard Place No - Yes Yes
7-9 Harvard Street No - Yes Yes
11 Harvard Street No - Yes Yes
12 Harvard Street Yes 2010 Yes Yes
14-16 Harvard Street No - Yes Yes
18 Harvard Street No - Yes Yes
20 Harvard Street No - Yes Yes
22 Harvard Street No - Yes Yes
35 Harvard Street No - Yes Yes
37 Harvard Street No - Yes Yes
38 Harvard Street No - Yes Yes
40 Harvard Street No - Yes Yes
10 Henderson Street Yes 2011 Yes No
13 Henderson Street Yes 2011 Yes No
13-19 Highland Avenue Yes 1989 Yes No
28 Highland Avenue Yes 1989 Yes No
48-50 Highland Avenue Yes 1989 Yes Yes
52 Highland Avenue Yes 1989 Yes Yes
66 Highland Avenue Yes 1985 Yes Yes
76 Highland Avenue Yes 1985 Yes Yes
79 Highland Avenue Yes 1985 Yes Yes
93 Highland Avenue Yes 1985 Yes Yes
117-119 Highland Avenue Yes 1989 Yes No
125 Highland Avenue Yes 2022 Yes Yes
130 Highland Avenue Yes 1985 Yes Yes
137 Highland Avenue Yes 1985 Yes Yes
140 Highland Avenue Yes 1985 Yes Yes
191 Highland Avenue No - No
343 Highland Avenue Yes 1985 Yes Yes
16 Hinckley Street Yes 2011 Yes No
80 Hinckley Street Yes 2011 Yes No
53 Hudson Street Yes 1985 Yes Yes
6 Kent Court Yes 1985 Yes Yes
44 Kidder Avenue Yes 1989 Yes No
16-18 Laurel Street Yes 1989 Yes No
45 Laurel Street Yes 1985 Yes Yes
12-14 Lincoln Avenue Yes 2010 Yes No
20 Lincoln Avenue Yes 2010 Yes No
16 Lincoln Street Yes 2011 Yes No
11 Linden Avenue Yes 1985 Yes Yes
60 Linden Avenue Yes 2010 Yes No
48 Line Street Yes 2017 Yes No
302 Lowell Street Yes 1989 Yes No
342 Lowell Street Yes 2010 Yes No
52 Main Street Yes 1989 Yes No
27 Maple Avenue Yes 1989 Yes No
7 Mardell Circle No - Yes Yes
27 Meacham Road Yes 1985 Yes Yes
38 Meacham Road Yes 1989 Yes Yes
39-41 Meacham Road Yes 1989 Yes Yes
42 Meacham Road Yes 1989 Yes Yes
44 Meacham Road Yes 1989 Yes No
45 Meacham Road Yes 1989 Yes No
46 Meacham Road Yes 1989 Yes No
47 Meacham Road Yes 1989 Yes No
48 Meacham Road Yes 1989 Yes No
51 Meacham Road Yes 1989 Yes No
53-55 Meacham Road Yes 1989 Yes No
54 Meacham Road Yes 1989 Yes No
56 Meacham Road Yes 1989 Yes No
57 Meacham Road Yes 1989 Yes No
58 Meacham Road Yes 1989 Yes No
62 Meacham Road Yes 1989 Yes No
64 Meacham Road Yes 1989 Yes No
371 Medford Street Yes 1989 Yes No
399 Medford Street Yes 2011 Yes No
399A Medford Street Yes 2011 Yes No
3 Monmouth Street No - Yes Yes
9 Monmouth Street No - Yes Yes
10 Monmouth Street No - Yes Yes
23 Monmouth Street Yes 1985 Yes Yes
25 Monmouth Street Yes 1985 Yes Yes
31 Monmouth Street Yes 1985 Yes Yes
33 Monmouth Street Yes 1985 Yes Yes
53 Moore Street Yes 1989 Yes No
140 Morrison Avenue Yes 1989 Yes No
142 Morrison Avenue Yes 1989 Yes No
144 Morrison Avenue Yes 1989 Yes No
146 Morrison Avenue Yes 1989 Yes No
148 Morrison Avenue Yes 1989 Yes No
197 Morrison Avenue Yes 1985 Yes Yes
204 Morrison Avenue Yes 2014 Yes No
221 Morrison Avenue Yes 2010 Yes No
222 Morrison Avenue Yes 2010 Yes No
10 Mossland Street Yes 1989 Yes No
8 Mt. Pleasant Street No - Yes Yes
8 Mt. Vernon Street Yes 1985 Yes Yes
12 Mt. Vernon Street No - Yes Yes
12R Mt. Vernon Street No - Yes Yes
16 Mt. Vernon Street Yes 1985 Yes Yes
17 Mt. Vernon Street Yes 2010 Yes No
18 Mt. Vernon Street No - Yes Yes
20 Mt. Vernon Street Yes 1985 Yes Yes
22-24 Mt. Vernon Street No - Yes Yes
29 Mt. Vernon Street Yes 1985 Yes Yes
46 Mt. Vernon Street Yes 1989 Yes No
47 Mt. Vernon Street Yes 1989 Yes No
64 Mt. Vernon Street Yes 1989 Yes No
68 Mt. Vernon Street Yes 1989 Yes No
74 Mt. Vernon Street Yes 1989 Yes No
0 Munroe Street Yes 1989 Yes No
15 Munroe Street Yes 1989 Yes No
82 Munroe Street No - Yes Yes
88 Munroe Street Yes 1989 Yes No
97 Munroe Street Yes 1989 Yes Yes
37-39 Myrtle Street Yes 2011 Yes No
39 Myrtle Street Yes 2011 Yes No
53-55 Myrtle Street Yes 2010 Yes No
485 Mystic Valley Pkwy Yes 1985 Yes Yes
67 Oak Street Yes 1989 Yes No
97 Orchard Street Yes 1989 Yes No
31 Pearl Street Yes 1989 Yes No
70 Pearl Street Yes 2011 Yes No
81 Pearl Street Yes 1985 Yes Yes
94 Pearl Street Yes 2011 Yes No
65-67 Perkins Street Yes 1985 Yes Yes
77 Perkins Street Yes 1989 Yes No
84 Perkins Street Yes 2010 Yes No
132 Perkins Street Yes 1989 Yes No
143-145 Perkins Street Yes 1989 Yes No
155-157 Perkins Street Yes 1989 Yes No
4 Phillips Place No - Yes Yes
4-6 Pleasant Avenue Yes 1989 Yes Yes
11 Pleasant Avenue Yes 1989 Yes No
12 Pleasant Avenue Yes 1989 Yes No
15 Pleasant Avenue Yes 1989 Yes No
18 Pleasant Avenue Yes 1989 Yes No
20 Pleasant Avenue Yes 1989 Yes No
22 Pleasant Avenue Yes 1989 Yes No
23 Pleasant Avenue Yes 1989 Yes No
24 Pleasant Avenue Yes 1989 Yes No
22 Porter Street Yes 1989 Yes No
23 Porter Street Yes 1989 Yes No
52 Powderhouse Blvd Yes 1989 Yes No
29 Powderhouse Terrace Yes 1985 Yes Yes
16 Preston Road Yes 1985 Yes Yes
20 Preston Road Yes 1989 Yes No
5 Prospect Hill Avenue No - Yes Yes
122 Prospect Street Yes 1989 Yes No
5-11 Putnam Street Yes 1989 Yes No
61 Putnam Street Yes 2011 Yes No
25 Russell Street Yes 1985 Yes Yes
18 Sanborn Avenue Yes 1989 Yes Yes
50 Sargent Avenue Yes 2011 Yes No
101 School Street Yes 1989 Yes No
117 School Street Yes 1989 Yes No
156 School Street Yes 1989 Yes No
193 School Street Yes 2011 Yes No
205 School Street Yes 1985 Yes Yes
237 School Street Yes 2011 Yes Yes
5 Smith Avenue Yes 2017 Yes No
9 Smith Avenue Yes 2017 Yes No
10 Smith Avenue Yes 2017 Yes No
13 Smith Avenue Yes 2017 Yes No
365-367 Somerville Avenue Yes 1985 Yes Yes
380 Somerville Avenue Yes 2010 Yes No
430 Somerville Avenue Yes 1985 Yes Yes
437 Somerville Avenue Yes 1985 Yes Yes
439-441 Somerville Avenue Yes 1985 Yes Yes
439-441R Somerville Avenue Yes 1985 Yes Yes
15 Spring Street Yes 1985 Yes Yes
18-20 Spring Street Yes 2010 Yes Yes
22-24 Spring Street No - Yes Yes
28 Spring Street No - Yes Yes
31-33 Spring Street No - Yes Yes
32 Spring Street No - Yes Yes
34 Spring Street Yes 2010 Yes Yes
35 Spring Street No - Yes Yes
37 Spring Street No - Yes Yes
38 Spring Street Yes 2010 Yes Yes
42 Spring Street Yes 2010 Yes Yes
44 Spring Street No - Yes Yes
45 Spring Street No - Yes Yes
46-46A Spring Street No - Yes Yes
47 Spring Street Yes 1985 Yes Yes
49 Spring Street Yes 1985 Yes Yes
50 Spring Street Yes 2010 Yes Yes
54 Spring Street Yes 2010 Yes Yes
1 Summer Street Yes 1985 Yes Yes
22 Summer Street Yes 2010 Yes No
24 Summer Street Yes 2010 Yes No
104 Summer Street Yes 1989 Yes No
125 Summer Street Yes 1989 Yes No
151 Summer Street Yes 1989 Yes Yes
152 Summer Street Yes 1985 Yes Yes
154 Summer Street No - Yes Yes
156-158 Summer Street No - Yes Yes
162 Summer Street No - Yes Yes
166 Summer Street No - Yes Yes
168 Summer Street No - Yes Yes
170 Summer Street Yes 2010 Yes Yes
172 Summer Street No - Yes Yes
174 Summer Street No - Yes Yes
176 Summer Street No - Yes Yes
184 Summer Street No - Yes Yes
381 Summer Street Yes 1989 Yes Yes
16 Summit Avenue Yes 2003 Yes No
18 Summit Avenue Yes 2003 Yes No
26 Summit Avenue Yes 2003 Yes No
17 Summit Street Yes 1985 Yes Yes
58 Sycamore Street Yes 1985 Yes Yes
78 Sycamore Street Yes 1985 Yes Yes
143-145 Sycamore Street Yes 1989 Yes No
35 Temple Street x 1985 x x
45 Tennyson Street Yes 1989 Yes No
11 Thorpe Street Yes 1989 Yes No
67 Thurston Street Yes 1985 Yes Yes
42 Vinal Avenue No - Yes Yes
45 Vinal Avenue Yes 2003 Yes No
47 Vinal Avenue Yes 2003 Yes No
48 Vinal Avenue Yes 2003 Yes Yes
49 Vinal Avenue Yes 2003 Yes Yes
50 Vinal Avenue Yes 2003 Yes No
54 Vinal Avenue Yes 2003 Yes Yes
56 Vinal Avenue Yes 2003 Yes No
8-10 Walnut Street Yes 1989 Yes Yes
37 Walnut Street Yes 1985 Yes Yes
45 Walnut Street Yes 1989 Yes Yes
56-58 Walnut Street Yes 2003 Yes Yes
60 Walnut Street Yes 2003 Yes No
67 Walnut Street Yes 2010 Yes No
141-143 Walnut Street Yes 1989 Yes No
24 Warren Avenue Yes 1989 Yes No
26 Warren Avenue Yes 1989 Yes No
27 Warren Avenue Yes 1989 Yes No
28 Warren Avenue Yes 1989 Yes No
29 Warren Avenue Yes 1989 Yes No
30 Warren Avenue Yes 1989 Yes Yes
31 Warren Avenue Yes 1989 Yes No
32 Warren Avenue Yes 1989 Yes No
33 Warren Avenue Yes 1989 Yes No
113 Washington Street Yes 1989 Yes Yes
117 Washington Street Yes 1989 Yes Yes
215 Washington Street Yes 1989 Yes No
237 Washington Street Yes 2013 Yes Yes
275-277 Washington Street Yes 1989 Yes No
384 Washington Street Yes 1985 Yes Yes
13 Webster Avenue Yes 2010 Yes No
1 Webster Street Yes 2010 Yes No
1 Westwood Road Yes 1985 Yes Yes
2 Westwood Road Yes 1985 Yes Yes
3 Westwood Road Yes 1985 Yes Yes
5 Westwood Road Yes 1985 Yes Yes
6 Westwood Road Yes 1985 Yes Yes
7 Westwood Road Yes 1985 Yes Yes
8 Westwood Road Yes 1985 Yes Yes
9 Westwood Road Yes 1985 Yes Yes
10 Westwood Road Yes 1985 Yes Yes
11 Westwood Road Yes 1985 Yes Yes
12 Westwood Road Yes 1985 Yes Yes
14 Westwood Road Yes 1985 Yes Yes
15 Westwood Road Yes 1985 Yes Yes
16 Westwood Road Yes 1985 Yes Yes
17 Westwood Road Yes 1985 Yes Yes
18 Westwood Road Yes 1985 Yes Yes
Sec. 7-19. Historic preservation commission.
  1. (a) Generally . This article shall be administered by an historic preservation commission with the following terms, composition and administrative matters.
  2. (b) Appointment; terms; vacancies . The historic preservation commission shall consist of seven members, and seven alternates, appointed by the mayor and subject to confirmation by the city council . All of the members and at least five of the alternates shall be residents of the city . Each member and alternate shall serve for a term of three years; except that the initial appointments shall be for two members and two alternates to serve a term of one year, two members and two alternates to serve a term of two years, and three members and three alternates to serve a term of three years. Vacancies shall be filled in the same manner as the original appointment for the unexpired term. In case of the absence or inability to act, or unwillingness to act because of self-interest on the part of a member of the commission, his or her place shall be taken by an alternate member designated by the chairman. Each member and alternate shall continue in office after expiration of his or her term until a successor is duly appointed and qualified.
  3. (c) Composition . The commission membership shall be composed of the following: one member, preferably a professional architectural historian, chosen from three nominees submitted by the Somerville Historical Society or the Society for the Preservation of New England Antiquities; an architect, preferably a person registered in the commonwealth , chosen from three nominees submitted by the local chapter of the American Institute of Architects; a licensed real estate broker chosen from three nominees submitted by the regional chapter of the board of realtors; a city planner, preferably with knowledge about allied local activities and boards; a lawyer with knowledge of real estate and historic preservation law; and two citizen members who, through education or experience, have demonstrated a commitment to historic preservation. Two or more of the members so appointed shall be residents of a designated historic district . The alternate members shall include at least one resident of a designated historic district, one landscape architect, one licensed general contractor or building tradesperson and four persons with a background in any of the other categories represented by the regular members of the commission. If, within 30 days after the submission of a written request for nominees to any of the above named organizations, no such nominations have been submitted, the mayor may make such appointment without nomination by said organization. To the extent a person meets more than one of the foregoing specific membership requirements, then each such specific membership requirement so met shall be satisfied by such person's membership on the commission.
  4. (d) Compensation . No member or alternate shall receive compensation for his or her service on the commission, but shall be reimbursed, subject to availability of appropriated funds, for his or her actual expenses reasonably and necessarily incurred in performance of his or her official duties.
  5. (e) Conflict of interest . If any commission member or alternate is employed or to be employed by the city or to have directly or indirectly a financial interest in any contract with the city, the classification of "special municipal employee" should be obtained from the city council, and all other requirements as set forth under Chapter 268A of the General Laws , shall be met.
  6. (f) Officers . The commission shall elect before the end of its fourth regular meeting during the first year and every May thereafter, a chairman, vice-chairman, and a secretary. All officers, except the secretary, shall be elected from its own members. Whenever the secretary shall not attend a meeting of the commission, the commission shall elect a secretary pro tempore who shall take the minutes of the meeting. The records of the commission shall set forth every determination made by the commission, the vote of every member participating in such determination and the absence or failure to vote of every other member.
  7. (g) Expenses . The commission may enter into contracts and may, if necessary, subject to appropriation, employ clerical and technical assistance of consultants and incur other expenses appropriate to the carrying on of its work.
  8. (h) Gifts . The commission may accept money gifts and expend the same for the carrying on of its work. The commission may also administer on behalf of the city any properties or easements, restrictions or other interests in real property which the city may have or may accept as gifts or otherwise and of which the city may designate the commission as the administrator.
  9. (i) Record keeping and rules . The commission shall keep a permanent record of its resolutions, transactions and determinations and of the vote of each member participating therein, and may adopt and amend such rules and regulations not inconsistent with the provisions of this article and prescribe such forms as it shall deem desirable and necessary for the regulations of its affairs and the conduct of its business. The commission shall file a copy of any such rules and regulations with the city clerk. An annual report of the commission's activities shall be filed with the state historical commission under provisions of Chapter 40C, Section 15 of the General Laws and shall be submitted to the city clerk for filing.
  10. (j) Powers and duties . The commission shall have, in addition to the powers, authority and duties granted to it by this article, such other powers, authority and duties as may be delegated or assigned to it from time to time by vote of the city council.
Sec. 7-20. Historic district changes.
  1. (a) Enlargements or reductions . An historic district may be enlarged or reduced or an additional historic district in the city created in the manner established under section 7-18 for creation of the initial district, except that in the case of the enlargement or reduction of an existing historic district the investigation, report and hearing shall be by the historic preservation commission having jurisdiction over such historic district instead of by a study committee.
  2. (b) Additional districts . In the case of creation of an additional historic district the investigation, report and hearing shall be by the historic preservation commission instead of by a study committee unless the commission recommends otherwise.
  3. (c) Notice . If the district is to be reduced, written notice, as provided in section 7-18 for creation of the initial district, shall be given to said owners of each property in the district.
  4. (d) Filing requirements . No changes to the boundaries of an historic district shall become effective until a map setting forth the changes to the boundaries of the historic district has been filed with the city clerk and has been recorded in the South Middlesex registry of deeds and the provisions of Chapter 36, Section 13A of the General Laws , shall not apply.
Sec. 7-21. Historic district certificates of appropriateness, nonapplicability or hardship.
  1. (a) Considerations of commission . In passing upon matters before it the commission shall consider, among other things, the historic and architectural value and significance of the site, building or structure , the general design, arrangement, texture, material and color of the features involved, and the relation of such features to similar features of buildings and structures in the surrounding area. In the case of new construction or additions to existing buildings or structures, the commission shall consider the appropriateness of the size and shape of the building or structure both in relation to the land area upon which the building or structure is situated and to buildings and structures in the vicinity, and the commission may in appropriate cases impose dimensional and setback requirements in addition to those required by applicable ordinance or by-law. The commission shall not consider interior arrangements or the other categories of exclusions specified in subsection (c) of this section. The commission may after public hearing set forth in such manner as it may determine the various designs of certain appurtenances, such as light fixtures, which will meet the requirements of an historic district and a roster of certain colors of paint and roofing materials which will meet the requirements of an historic district, but no such determination shall limit the right of an applicant to present other designs or colors to the commission for its approval. The commission shall not make any recommendation or requirement except for the purpose of preventing developments incongruous to the historic aspects or the architectural characteristics of the surroundings and of the historic district.
  2. (b) Submission requirements . Except for the exclusions noted in subsection (c) of this section, no building or structure within an historic district shall be constructed or altered in any way that affects exterior architectural features unless the commission shall first have issued a certificate of appropriateness, a certificate of nonapplicability or a certificate of hardship with respect to such construction or alteration. Any person who desires to obtain a certificate shall file with the commission an application for a certificate of appropriateness, a certificate of nonapplicability or a certificate of hardship, as the case may be, in such form as the commission may reasonably determine, together with such plans, elevations, specifications, material and other information, including, in the case of demolition or removal, a statement of the proposed condition and appearance of the property thereafter, as may be reasonably deemed necessary by the commission to enable it to make a determination on the application. No building permit for construction of a building or structure or for alteration of an exterior architectural feature within a historic district and no demolition permit for demolition (full or partial) or removal of a building or structure within an historic district shall be issued by inspectional services until the certificate required by this section has been issued by the commission.
  3. (c) Exclusions . The authority of the commission shall not extend to the review of the following categories of buildings, structures or exterior architectural features of the historic district and, in this event, the buildings, structures or exterior architectural features so excluded may be constructed or altered within the historic district without review by the commission: (1) Temporary structures or signs, subject, however, to such conditions as to duration of use, location, lighting, removal and similar matters as the commission may reasonably specify; (2) Storm doors and windows, screens, window air conditioners, lighting fixtures, antennae, lawn statuary and similar appurtenances, or any of them; (3) The color of paint; (4) Signs of one foot square or less in area in connection with use of a residence for a customary home occupation or for professional purposes, provided only one such sign is displayed in connection with each residence and if illuminated is illuminated only indirectly; and one sign in connection with the nonresidential use of each building or structure which is not more than 12 square feet in area, is appropriately located and consists of letters or symbols or trademark compatible with the character of the area and if illuminated only indirectly; or either of them; (5) The reconstruction, substantially similar in exterior design, type of use and size of a building, structure or exterior architectural feature damaged or destroyed by storm or other disaster, provided such reconstruction is begun within one year thereafter and carried forward with due diligence. Upon request by an applicant, the commission shall issue a certificate of nonapplicability with respect to construction or alteration in any category then not subject to review by the commission in accordance with the provisions of this subsection.
  4. (d) Issuance procedures . The commission shall have the following powers, functions and duties related to issuance of certificates: (1) If the commission determines that the construction or alteration for which an application for a certificate of appropriateness has been filed will be appropriate for or compatible with the preservation or protection of the historic district, the commission shall cause a certificate of appropriateness to be issued to the applicant. In the case of a disapproval of an application for a certificate of appropriateness the commission shall place upon its records the reasons for such determination and shall forthwith cause a notice of its determination, accompanied by a copy of the reasons therefor as set forth in the records of the commission, to be issued to the applicant. The commission may make recommendations to the applicant with respect to appropriateness of design, arrangement, texture, material and similar features. Prior to the issuance of any disapproval the commission may notify the applicant of its proposed action accompanied by recommendations of changes in the applicant's proposal which, if made, would make the application acceptable to the commission. The commission shall, as feasible, identify sources of additional information, technical assistance and financial incentives, which may eliminate the area of concern. If, within 14 days of the receipt of such notice, the applicant files a written modification of his or her application in conformity with the recommended changes of the commission, the commission shall cause a certificate of appropriateness to be issued to the applicant. (2) In the case of a determination by the commission that an application for a certificate of appropriateness or for a certificate of nonapplicability does not involve any exterior architectural feature, or involves an exterior architectural feature which is not then subject to review by the commission in accordance with the provisions of subsection (c) of this section, the commission shall cause a certificate of nonapplicability to be issued to the applicant. (3) The commission shall determine if the construction or alteration for which an application for a certificate of appropriateness has been filed is inappropriate, or in the event of an application for a certificate of hardship, the commission shall determine if, owing to conditions especially affecting the building or structure involved, (e.g. handicapped access), but not affecting the historic district generally, failure to approve an application will involve a substantial hardship, financial or otherwise, to the applicant. The commission shall also determine whether such application may be approved without substantial detriment to the public welfare and without substantial derogation from the intent and purposes of this article. If the commission determines that owing to such conditions failure to approve an application will involve substantial hardship to the applicant and approval thereof may be made without such substantial detriment or derogation, or in the event of failure to make a determination on an application within the time specified in section 1-22(d), the commission shall cause a certificate of hardship to be issued to the applicant. (4) Each certificate issued by the commission shall be dated and signed by its chairman, vice-chairman, secretary or such other person designated by the commission to sign such certificates on its behalf. Each certificate issued by the commission shall also be accompanied by a document substantiating in sufficient detail the basis of the determination. Certificates are valid for one full year from the date of issuance and must be revalidated by the commission if substantial work has not been completed by the end of this period. (5) The commission shall file with the city clerk and with the city building department a copy or notice of all certificates, determinations of disapproval and substantiating documents issued by it.
Sec. 7-22. Historic preservation commission meetings and determinations.
  1. (a) Voting . The commission shall hold meetings at the call of the chairman and at the request of two members of the commission, and in such other manner as the commission shall determine in its rules. A majority of the members of a commission shall constitute a quorum. The concurring vote of a majority of the members of the commission shall be necessary to issue a certificate of appropriateness, a certificate of nonapplicability or a certificate of hardship.
  2. (b) Review of applications for certificates . The commission shall determine promptly, and in all events within 14 days after the filing of an application for a certificate of appropriateness, a certificate of nonapplicability or a certificate of hardship, as the case may be, whether the application involves any exterior architectural features which are subject to approval by the commission. If the commission determines that such application involves any such features which are subject to approval by the commission, the commission shall hold a public hearing on such application unless such hearing is dispensed with as hereinafter provided.
  3. (c) Hearing on application for certificates . The commission shall fix a reasonable time for the hearing on any application and shall give public notice of the time, place and purposes thereof at least 14 days before said hearing in such manner as it may determine, and by mailing, postage prepaid, a copy of said notice to the applicant, to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby as they appear on the most recent real estate tax list of the board of assessors, to the city planning board, to any person filing written request for notice of hearing, such request to be renewed yearly in December, and to such other persons as the commission shall deem entitled to notice.
  4. (d) Period of determination . As soon as convenient after such public hearing, but in any event within 45 days after the filing of the application, or within such further time as the applicant may allow in writing, the commission shall make a determination on the application. If the commission shall fail to make a determination within such period of time, the commission shall thereupon issue a certificate of hardship.
  5. (e) Waiver of public hearing . A public hearing on an application need not be held if such hearing is waived in writing by all persons entitled to notice thereof. In addition, a public hearing on an application may be waived by the commission if the commission determines that the exterior architectural feature involved or its category or color, as the case may be, is so insubstantial in its effect on the historic district that it may be reviewed by the commission without public hearing on the application; provided, however, that if the commission dispenses with a public hearing on an application, notice of the application shall be given to the owners of all adjoining property and other property deemed by the commission to be materially affected thereby as above provided and ten days shall elapse after the mailing of such notice before the commission may act upon such application.
Sec. 7-23. Appeals of determinations.
  1. (a) Court appeal . A person aggrieved by a determination of the commission may, within 20 days after the filing of the notice of such determination with the city clerk, appeal to the South Middlesex Superior Court.
  2. (b) Court option . The court shall hear all pertinent evidence and shall annul the determination of the commission if it finds the decision of the commission to be unsupported by the evidence or to exceed the authority of the commission, or may recommend the case for further action by the commission, or make such other decree as justice and equity may require.
  3. (c) Other options . The remedy provided by this section shall be exclusive but the parties shall have all rights of appeal and exception as in other equity cases.
  4. (d) Costs . Costs shall not be allowed against the commission unless it shall appear to the court that the commission acted with gross negligence, in bad faith or with malice in the matter from which the appeal was taken. Costs shall not be allowed against the party appealing from such determination of the commission unless it shall appear to the court that such party acted in bad faith or with malice in making the appeal to the court.
Sec. 7-24. Maintenance and repair.

Nothing in this article shall be construed to prevent the ordinary maintenance, repair or replacement of any exterior architectural feature within an historic district which does not involve a change in design, material, color or the outward appearance thereof, nor to prevent landscaping with plants, trees or shrubs, nor construed to prevent the meeting of requirements certified by a duly authorized public officer to be necessary for public safety because of an unsafe or dangerous condition, nor construed to prevent any construction or alteration under a permit duly issued prior to the effective date of the ordinance from which this article derives.

Sec. 7-25. Amendments.

This article enabling the creation of historic districts may from time to time be amended in a manner not inconsistent with the provisions of Chapter 40C of the General Laws , by a two-thirds vote of the city council , provided that the substance of such amendment has first been submitted to the historic preservation commission and the state historical commission, for their recommendation and their recommendations have been received or 60 days have elapsed without such recommendations.

Sec. 7-26. Enforcement.

The South Middlesex Superior Court shall have jurisdiction to enforce the provisions of Chapter 40C of the General Laws and this article enacted thereunder and the determinations, rulings and regulations issued pursuant thereto and may, upon the petition of the mayor or the city council or of the commission , restrain by injunction violations thereof; and, without limitation, such court may order the removal of any building , structure or exterior architectural feature constructed in violation thereof, or the substantial restoration of any building, structure or exterior architectural feature altered or demolished in violation thereof, and may issue such other orders for relief as may be equitable.

Sec. 7-27. Penalties and fines.

Whoever violates any of the provisions of this article shall be punished by a fine in accordance with the provisions of section 1-11 . Each day during any portion of which a violation continues to exist shall constitute a separate offense.

Sec. 7-28. Demolition review ordinance.
  1. (a) Intent and purpose . The purpose of this ordinance is to preserve and protect significant buildings within the City of Somerville (“city”) which constitute or reflect distinctive aspects of the architectural, cultural, political, economic, or social history of the city, and which are outside of designated local historic districts; to encourage owners of such buildings and the Somerville Historic Preservation Commission (“commission”) to develop strategies to preserve, rehabilitate, or restore such buildings, rather than demolish them; or, in the alternative, to seek out persons willing to purchase and to preserve, rehabilitate, or restore such buildings, rather than demolish them; and to promote the public welfare by making the city a more attractive place in which to live. To achieve these purposes, the issuance of demolition permits for significant buildings is regulated as provided in this ordinance.
  2. (b) Definitions . For the purposes of this section, the following words and phrases shall have the meanings set forth below:

Abutter means an abutter as defined in M.G.L.A. c. 40A.

Applicant means any person filing an application for a city permit.

Application means a written application for a permit for the demolition of a building, a building permit, or zoning relief/compliance.

Board of survey means the board ordered to respond, by M.G.L.A. c. 143 § 8, when an owner of a building does not respond to a notice that the building is unsafe.

Building means any combination of materials forming a shelter for persons, animals or property, as well as any constructed, erected, or placed material or combination of materials in or upon the ground, excluding fences, walls, side & rear decks, sidewalks, stairs and paving on streets, driveways and patios.

Building official means the director of the inspectional services department, or his/her designee.

Calendar day means any day of the week, including a Saturday or a Sunday or a holiday.

City clerk means the person holding the office of city clerk in the city.

Demolition means the act of pulling down, destroying, removing, moving, or razing a building. Demolition includes commencing the work of the destruction of 50 percent or more of the exterior surface area (including walls and roof) of a building. For the purposes of this section, the term "demolition" shall not include routine maintenance as long as the maintenance undertaken does not fit the definitions of demolition contained in this section. For the purposes of this section, "demolition" does not include:

  1. (1) Removal, replacement, or installation of siding, roof shingles or windows;
  2. (2) Routine maintenance as long as the maintenance undertaken does not fit the definitions, of demolition contained in this section;
  3. (3) Interior renovations (except where the renovation is conducted for the purpose of compromising the integrity of the building);
  4. (4) Exploratory demolition, to the extent that it does not compromise the structure of the building;
  5. (5) Interior demolition, to the extent that it does not compromise the structure of the building; or
  6. (6) Minor projects as defined below.

Demolition by neglect is a situation in which a property owner intentionally allows a property to suffer severe deterioration, until it is beyond the point of repair. A deliberate process of ongoing damage to the fabric, viability and/or functionability of a building leading towards and/or causing its eventual demolition due to decay and/or structural failure and/or severe degradation over a period of time as a result of a general lack of maintenance, and/or failure to secure the building from pests or vandals, and/or failure to take reasonable measures to prevent the ingress of water, snow, ice, and wind through the roof, walls, or apertures.

Demolition review period means a period of time whereby a window of opportunity is enacted in order to enable the owners of a property, working with the commission or its designees, to determine ways of preserving and/or rehabilitating and/or restoring the property as an alternative to demolition.

Exempt areas means the following:

  1. (1) The Assembly Square District, Brickbottom District, Inner Belt Industrial Park District, Boynton Yards, Union Square “D Blocks” (Blocks #D1-D7 as identified under the Union Square Revitalization Plan), and Grand Junction District, with boundaries as incorporated herein on Map 1, and available on file and available for inspection in the office of the city clerk, and the office of the planning director;
  2. (2) The local historic districts as identified in section 7-18 of the Code of Ordinances; and,
  3. (3) Buildings owned by the city or any of its political subdivisions.

Exploratory demolition is the act of removing or uncovering (non-structural) building materials located on the interior of a building prior to renovation, rehabilitation, restoration, or remodeling in order to verify the existing conditions present in otherwise unexposed areas.

Final determination means a determination that a building is preferably preserved, made by the commission in accordance with subsection (f) of this section.

Illegal demolition means a demolition undertaken by any person without an application having been reviewed and approved by the commission and/or without building or demolition permits from the inspectional services department.

Initial determination means a determination that a building is significant, in accordance with subsection (e) of this section.

Interior demolition is the act of removing non-structural interior building materials for the purpose of renovating, rehabilitating, restoring, or remodeling the interior space.

Minor project is the removal of a portion of a single-, two-, or three-unit structure for the purpose of only accomplishing one or more of the following: adding a dormer, dormer window, entry canopy, bay, or gable; adding an addition to the side or rear of the structure; adding or altering a portico, porch or deck; or, changing the shape, style or structure of a roof.

Owner means the entity with legal title to a building.

Permit means a written permit issued by the building official that allows for the demolition (as defined herein) of a building pursuant to an application.

Person means an individual, corporation, partnership, association, trust, society, or similar entity.

Preferably preserved (building) means a significant building, which, as the commission determines, as provided in subsection (f) of this section, that it is in the public interest to be preserved or rehabilitated or restored rather than to be demolished.

Premises means the parcel of land upon which the building proposed for demolition is located and all adjoining parcels of land under common ownership or control that are identified in the permit application.

Reasonable economic return means the cost to rehabilitate or restore the building to the point at which a reasonable use or a reasonable profit can be realized from the property. This may mean bringing a building up to code to the point at which it can be occupied, not necessarily to its “highest and best use,” preferred use or a restoration project.

Significant (building) means any building within the city which is listed on, or is within an area listed on, the National Register of Historic Places, or which is the subject of a pending application for listing on the National Register, or is at least 75 years old and has been determined by the commission in their initial determination to be a significant building, per subsection (e) of this section.

Voluntary means any act(s) done by design or intention, which is proposed, intended, or not accidental. An act of God is not considered voluntary, but rather is regarded as an act done without the will or choice of the applicant (or owner, if different from applicant). For the purposes of this section, the destruction of a significant building for failure to properly secure or maintain it shall be considered voluntary.

  1. (c) Review of demolitions . No building in the city may undergo demolition, as defined in subsection (b) of this section, except through the provisions of this section. Demolition may only be permitted if one of the following apply: (1) The building does not meet the prima facie definition of a significant building (i.e. it is less than 75 years old, and is not currently on, or proposed to be placed on, the National Register); (2) The building is located within an exempt area; (3) The building is determined by the commission or its designee to not be significant, through the procedure of subsection (e) of this section; (4) The building is determined by the commission to not be preferably preserved through the procedure of subsection (f) of this section, and has met any condition of such determination per subsection (f)(5)c of this section; (5) The commission lifts or shortens a demolition review period per subsection (g) of this section; or (6) The demolition review period, per subsection (g) of this section, is exhausted.
  2. (d) Notification . When the building official or planning director receives an application for a demolition permit , a building permit or a permit for zoning relief (including but not limited to special permit, site design plan review or variance), for work that will constitute demolition, as defined in this section, and is on a building that is or could be determined significant, as defined in this section, and is not within an exempt area, then the building official or planning director shall, within ten calendar days , notify the commission or its designees in writing that a relevant application has been received. This notification shall include a copy of the application, and shall be delivered to the commission or its designees by interoffice mail, email, other electronic means, or by in-hand delivery.
  3. (e) Initial determination (determination of significance) . (1) Determinations by the commission . Upon receipt of a notification per subsection (d) of this section, the commission shall move to determine if a building is significant, as follows: a. If a building is listed on, or is within an area listed on, the National Register of Historic Places, or the subject of a pending application for listing on the National Register, it shall be automatically determined significant, and shall be scheduled for final determination per subsection (f) of this section. b. Otherwise, for buildings over 75 years old the commission or its designee shall make a written determination whether the building, which is the subject of the relevant permit application, is a significant building. (2) Application and plan review . Prior to a determination of significance by the commission, the applicant must submit an application to the commission, using the forms developed per subsection (j)(4) of this section. (3) Criteria for determination of significance . To determine if a building over 75 years old is significant, the commission must make a finding that the building is: a. Associated with one or more important historic persons or events, or with the broad architectural, cultural, political, economic or social history of the city or the Commonwealth of Massachusetts; or, b. Historically or architecturally significant (in terms of period, style, method of building construction, or association with a reputed architect or builder) either by itself or in the context of a group of buildings, and therefore it is in the public interest to be preserved or rehabilitated rather than to be demolished. (4) Procedure for public notice and hearing . A determination of significance shall be made in a duly noticed public hearing by the commission, except as exempted in subsection (e)(6) of this section or waived per subsection (e)(7) of this section. The public hearing shall be held within 65 calendar days of the commission or its designees receiving a copy of the application, unless an extension of time is permitted by mutual agreement of the applicant and the commission. The commission shall give the public notice of the hearing by publishing the time, place, and purpose of the hearing in a local newspaper, at least 14 days prior to the hearing. The commission shall also mail, in a form designated by the city, a notice to the applicant, the owner of the building and abutters to the subject property within 300 feet, postmarked at least ten days prior to the hearing. The owner/applicant shall post notices of the proposed demolition at the property in English, Spanish, Portuguese, Haitian Creole, Nepali, and Chinese (simplified and traditional). The owner/applicant shall follow all policies and procedures for posting notices as set forth by the Planning, Preservation & Zoning (PPZ) Division Staff. The requirement to post notification on site shall take effect on February 1, 2023. The commission shall complete the public hearing within 35 days of opening the public hearing, unless an extension of time is permitted by mutual agreement of the applicant and the commission. (5) Notice of decision . a. If the commission determines that the building is not a significant building, this determination shall be transmitted to the building official, the applicant, the owner of the building and to the city clerk within 14 calendar days from the date of determination. The applicant shall not be required to take any further steps toward preservation of the building and the demolition may proceed, subject to all other building permit and zoning requirements. b. If the commission determines that the building is significant, it shall notify the building official, the applicant, and the city clerk, of its determination within 14 calendar days from the date of determination. The owner or applicant, or their representatives, shall then be required to attend a subsequent final determination public hearing with the commission during which the commission will determine if the building is to be preferably preserved. c. If the commission fails to act in accordance with this process within the prescribed timeframe, the building official may grant the demolition permit, provided that the applicant has met all other requirements under the filed applications, and shall notify the commission in writing that the permit has been granted. (6) Delegation . The commission may delegate the determination of significance of certain classes or types of buildings to the planning division staff, through the rules and regulations for the commission, per subsection (j)(4) of this section. The rules and regulations shall specify the classes or types of buildings to be reviewed by staff. Such delegation may include, but not be limited to, provisions to permit staff review of significance of concrete block garages, outbuildings, sheds and similar accessory buildings. Staff review of a delegated application shall be completed within 21 days of the application. If staff determines such a building does not meet the criteria of subsection (e)(3) of this section, and is therefore not be significant, this determination shall be transmitted to the building official per subsection (e)(5)a of this section. Otherwise, staff shall refer the building to the commission for a full review of the criteria under subsection (e)(3) of this section in a public hearing per subsection (e)(4) of this section. (7) Waiver of initial determination . An applicant, when submitting the required documents for an initial determination per subsection (e)(2) of this section, may voluntary select to waive initial determination. If the initial determination is waived, the building shall immediately be determined to be a significant building, without further action from the commission, and shall be scheduled for a final determination per subsection (f)(2) of this section. (8) Expiration . An initial determination is valid for three years. If an applicant does not proceed to apply for final determination within three years, the review process must start over from the beginning, prior to a building being demolished. If an application does not demolish a building within three years of a determination that the building is not a significant building, the review process must start over from the beginning, prior to a building being demolished.
  4. (f) Final determination (determination of preferably preserved) . (1) Additional application and plan review materials . The commission may request application information, in addition to the information requested in subsection (e)(2) of this section, in the process of a final determination, as follows. In the event that the applicant and/or owner seek to take a position that the building is of deficient structural integrity, the applicant shall submit an independent licensed structural engineer’s report, from a qualified and experienced structural engineer with proven expertise in historic building techniques. In the event that the applicant and/or owner seek to take a position that a financial hardship applies to a property, the commission may request any or all of the following. Such a request shall be subject to a vote by commissioners. If voted upon by a majority of the commission, then it will be incumbent upon the applicant to provide such information in order for the demolition review process to continue: a. The appraised value of the property by a licensed appraiser for the following conditions: in the property’s current condition; after completion of the proposed demolition; and after rehabilitation of the existing property for continued use. b. An estimate from an architect, developer, contractor, or appraiser experienced in rehabilitation as to the cost to rehabilitate the building to the point of which a reasonable use or a reasonable profit can be realized from the property. Such considerations may include, but not be limited to, bringing a building up to code so it can be occupied. c. The amount paid for the property, the date of purchase, and the person from whom the property was purchased, a description of the relationship, if any, between the owner of record, the applicant and the person from whom the property was purchased or is being purchased, and the terms of the purchase or proposed purchase, including financing. d. Operation and maintenance expenses, depreciation deduction and annual cash flow before and after debt service, if any. e. The name of all mortgagees and the balance of all mortgages or other financing secured by the property and annual debt service. f. All appraisals obtained within the previous two years by the owner or applicant in connection with the purchase, financing and ownership of the property. g. Any listing of the property for sale or rent, the price asked and offers received for sale or rent, if any, within the previous five years. h. The assessed value of the property for the previous two assessment years. i. The form of ownership or operation of the property, whether sole proprietorship, for profit or not-for-profit corporation, limited partnership, joint venture or other. j. Any other information considered necessary by the commission to determine whether the property yields or may yield a reasonable economic return to the property owner(s). k. Proof of the applicant’s efforts to obtain financing, tax incentives, preservation grants and other incentives to allow the applicant to earn a reasonable economic return from the property. l. Documents, including copies of invoices, detailing the applicant’s efforts in ongoing maintenance and repair. (2) Procedure for public notice and meetings . The commission shall conduct a public hearing on the application within 45 calendar days of the initial determination of significance, unless an extension of time is permitted by mutual agreement of the applicant and the commission. The commission shall give the public notice of the hearing by publishing the time, place, and purpose of the hearing in a local newspaper, at least 14 calendar days prior to the hearing. The commission shall also mail, in a form designated by the city, a notice to the applicant, the owner of the building and abutters to the subject property within 300 feet, postmarked at least ten calendar days prior to the hearing. (3) Public hearing . The commission shall complete the public hearing within 35 days of opening the public hearing regarding the determination of “preferably preserved”, unless an extension of time is permitted by mutual agreement of the applicant and the commission. The applicant or their agent must present their demolition request in person to the commission and be prepared to answer questions asked by the commission. If the property applicant, their agent, or property owner is unable to address questions regarding the demolition request or the supporting documentation, the experts/professionals who prepared the information must be present. If the applicant, owner or their agent cannot attend the meeting or adequately address questions, the demolition request will be continued to a later meeting and the commission’s determination will be delayed. (4) Peer review . The commission may call for a peer review of any professional report, should the commission deem it necessary to make a final determination, subject to the availability of funds. (5) Final determination . Upon completion of the public hearing, the commission shall determine if a significant building shall be preferably preserved, follows: a. The commission may, at their discretion, determine that a building is a preferably preserved building, as follows: by determining that the demolition of the building would be detrimental to the architectural, cultural, political, economic, or social heritage of the city. b. The commission may, at their discretion, determine that a building is not a preferably preserved building, as follows: by determining that demolition of the building does not merit a finding under subsection (f)(5)a above; or, by making a finding that the negative impact on the heritage of the city would be exceeded by the benefit to the city of the development that would occur if the demolition were permitted to go forward. c. The commission may, at their discretion, place conditions on a determination that a building is not preferably preserved, which may require an applicant to provide one or more of the following to the planning division prior to demolition: 1. photographic documentation of the building to be demolished; 2. architectural renderings of the building to be demolished; 3. identification of materials for salvage of material; and/or, 4. a plan for installation of historic or interpretive signage at or near the site. (6) Filing of decision . Within 14 calendar days following the date of the public hearing, the commission or its designees shall file a final determination, in writing, with the city clerk, and shall inform the building official, the applicant and the owner of the building. (7) Expiration . A final determination that a building is not a preferably preserved building is valid for three years. If an applicant does not demolish a building within three years of a determination that the building is not a preferably preserved building, the process must start over from the beginning prior to a building being demolished.
  5. (g) Process for preferably preserved buildings . (1) Demolition review period . Upon the commission’s final determination that said building is preferably preserved, per subsection (f) of this section, the building official shall not issue a demolition permit for building during the demolition review period. The demolition review period shall be as follows: The demolition review period shall be a maximum of 18 months. The demolition review period shall begin on the date following the day upon which the commission made the final determination that building is preferably preserved. (2) Alternatives to demolition . During the demolition review period, the applicant, their agent, and/or the owner (if different from applicant), and the commission or its designees are encouraged to actively pursue alternatives to demolition of the preferably preserved building, including but not limited to, finding a buyer for the building that is willing to rehabilitate the property, rather than demolish it. The applicant, their agent, and/or the owner is encouraged to actively pursue alternatives to demolition by meeting with preservation planning staff as designees of the commission at a minimum of once per month during the demolition review period. (3) Shortening/ending the demolition review period . The commission may shorten or end the demolition period, at its discretion, upon determination that one of the following conditions applies: a. The commission determines that there is no reasonable likelihood that either the owner or some other person or group is willing to purchase, preserve, rehabilitate or restore such building. b. The commission and the applicant come to a mutually agreeable plan for a more limited demolition that adequately preserves the property and permits the applicant to meet the findings of subsection (f)(5) of this section. c. The commission and the applicant come to a mutually agreeable set of strategies for addressing the heritage on the site, including but not limited to: 1. photographic documentation of the building to be demolished; 2. architectural renderings of the building to be demolished; 3. identification of materials for salvage of material; 4. a plan for installation of historic or interpretive signage at or near the site; and/or, 5. ​the establishment of design standards for a replacement building, provided that the standards are limited to the reflection of elements in the building to be demolished or are intended to complement the character of adjacent buildings of historical significance. Upon making a determination to shorten or end the demolition review period, the commission shall file a decision and inform the applicant and the building official per subsection (f)(6) of this section.​ (4) Withdrawal . If the applicant chooses not to proceed with demolition, the applicant may, at any time, inform the commission and withdraw their application without prejudice. (5) Expiration . Upon expiration of a demolition review period, or upon a determination by the commission to shorten or end a demolition review period, an applicant shall have three years to demolish the building. If an application does not demolish a building within three years of the expiration of the review period or the determination to shorten or end the review period, the process must start over from the beginning prior to a building being demolished.
  6. (h) Enforcement . (1) Authority . The inspectional services division is the enforcing authority for this section. Inspectional services division is authorized to institute any and all actions and proceedings, in law or in equity, as they deem necessary and appropriate to obtain compliance with the requirements of this section. This may include, but is not limited to, the complete reconstruction and restoration of the demolished building. (2) Fines . The provisions of this section may be enforced by a noncriminal disposition pursuant to M.G.L.A. c. 40, § 21D. Each violation shall be deemed a separate offense. Each day a violation occurs shall be deemed a separate offense. Unless otherwise provided, any person, firm, corporation, association or other entity violating any provision of this section shall be punished by a fine of $300.00 per day, per violation, in accordance with section 1-11 of the Code of Ordinances. Unpaid fines shall result in a municipal lien against the subject property. (3) Building permit delay . In accordance with section 1-11 of the Code of Ordinances, no building permit shall be issued for a new building on any premises where a significant building is demolished in violation of this section, for the period specified therein.
  7. (i) City-owned buildings . (1) Exemption . As noted in the definition of “exempt area,” buildings owned by the city or any of its political subdivisions are not subject to the demolition review process. (2) Historic commission review . Prior to the demolition of any building owned by the city or any of its political subdivisions, the city administration shall submit information about the demolition to the commission for a non-binding review and comment. (3) Comment meeting . The commission shall schedule, at their next available public meeting, for the city administration to present the building to be demolished and the purpose and need for the demolition. (4) Commission role . After the presentation by the city administration, the commission may, within 35 days, issue comments on the demolition. Comments will be provided to the city administration and the city council. Those comments may include, but not be limited to: suggestions for photographic documentation or renderings of the building to be demolished, identification of materials for salvage and/or suggestions for installation of historic or interpretive signage at or near the site. (5) City council action on demolition . The city council may not approve any order, including appropriation of funds, that will permit the demolition of a building owned by the city or any of its political subdivisions, until the building has been submitted for review by the commission and either a) the commission has provided comments to the city council or; b) 35 days have elapsed after the date of the presentation to the commission, with no comments submitted by the commission to the city council.
  8. (j) Other provisions . (1) Secure building . Upon a determination by the commission that a building is a significant and/or preferably preserved building, the owner shall be responsible for properly securing the building in order to protect it from the weather and trespass/vandalism. (2) Emergency demolition . Nothing in this section shall derogate from the authority of the building official and/or a board of survey to act under M.G.L.A. c. 143 and the State Building Code. (3) Historic Districts Act . If any provision of this section conflicts with the “Historic Districts Act,” M.G.L.A. c. 40(C), the Act shall prevail. (4) Rules and regulations . The commission may establish rules and regulations of procedure for the implementation of this section, including but not limited to establishment of application fees, and the delegation process that is set forth in subsection (e)(6) of this section. The planning division staff shall develop application forms to accept and process submittals under this section. (5) Transferability . Where the owner sells or transfers ownership of a property that is in the middle of the demolition review process, that new owner may continue the review process but may be required to submit updated documentation as required by the commission. (6) Effect . This section shall take effect upon approval. Applications for demolition submitted prior to the approval date of this section, or any amendment thereto, shall be subject to the version of this section 7-28 in effect upon the date of application. (7) Severability and reinstatement . In case any section, paragraph or part of this section for any reason shall be declared invalid by any court, every other section, paragraph and part shall continue in full force and effect. If any section, sentence, clause or phrase of this section is held invalid, the relevant section, sentence, clause or phrase in effect prior to the effective date of the section shall be reinstated in full force and effect, without further action from the city council.

Cross reference(s) — Demolition and fire details, § 5-8 ; Demolition of buildings at fires, § 5-36 ; Demolition of buildings, § 11-105 .

Sec. 7-29. Minimum maintenance standards.
  1. (a) This section is intended to preserve and protect significant buildings in the City of Somerville in conjunction with the demolition review ordinance and the ordinance creating and protecting historic districts . Exclusions. This section shall not apply to properties in receipt of a residential exemption as determined by the board of assessors.
  2. (b) For the purposes of this section and unless the context of usage clearly indicates another meaning, terms and words shall have the meaning given in the demolition review ordinance and the ordinance creating and protecting historic districts set forth in Article II, Chapter VII, Sections 7-16 – 7-28 of the Somerville Code of Ordinances
  3. (c) No owner or person with an interest in real property that is within a local historic district, is on the National Register of Historic Places, or has been determined to be a “significant” building or structure shall fail to preserve or otherwise permit a deterioration or decay of any significant exterior architectural feature , including, but not limited to, balustrades, bargeboards, belt courses, brackets, buttresses, chimneys, corbelling, cornices, cresting, decorative carvings, dentils, finials, gable ends, masonry, pediments, porches, roofing, shutters, siding, spires, stained glass, towers, and window sashes and casings, provided that such deterioration or decay is not otherwise regulated by the state building code. Nothing in this section shall be construed to prohibit a property owner from installing replacement siding.
  4. (d) Nothing in this section shall be construed to require a property to be renovated or restored to original conditions.
  5. (e) Procedure . (1) If any property is suspected of being in deterioration and decay and is potentially “significant”, a duly noticed public meeting shall be scheduled before the historic preservation commission to determine if the property is “significant”. The property owner and direct abutters shall be provided with written notification regarding the public meeting and advised of their ability to provide comment. (2) Historic preservation staff shall state in writing the findings of fact in support of such determination of violation of the minimum maintenance standards ordinance and shall issue and cause to be served upon the owner and/or other parties in interest therein an order to repair within a time to be specified in the written decision those features of the structure that do not comply with subsection (b). Findings made by the historic preservation staff may be appealed to the planning board. To perfect such an appeal, a written application must be filed by an aggrieved party with the historic preservation staff within ten business days following receipt of the order. A hearing on the appeal shall be held within 60 days of the written application.
  6. (f) Enforcement . The provisions of this section may be enforced by the historic preservation staff, by noncriminal disposition pursuant to G. L. c. 40, § 21D. Each day on which a violation exists shall be deemed a separate offense. No fine shall be levied in accordance with G. L. c. 40, § 21D unless and until the historic preservation staff sends a written notice to the person responsible for each violation indicating the nature of the violation and ordering corrective action. The notice shall also set forth the time period when corrective measures must be completed. The notice shall state that failure to correct the violation within the specified time period will result in the fines. If after the allotted time period has expired and after the hearing of an appeal, if any, by the planning board, corrective action has not been completed, any person, firm, corporation, association or other entity violating any provision of this section shall be punished by a fine of $100.00 per day.
  7. (g) If, after the allotted time period has expired and after the hearing of an appeal, if any, the owner or person with an interest in property has failed to meet the requirements of this section, the city may enter the property, subject to applicable law, to correct the violations of this section. The city shall charge the expenses incurred in doing such work or having work done or improvements made to the owner of record of such property. If such work is done or improvement made at the expense of the city, then such expenses shall be assessed as a lien on the real estate, lot, or lots upon which such expense was incurred. Subject to applicable law, the city is authorized to enter upon private property at all reasonable hours for the purpose of completing the work necessary for correcting the violations of this section.
  8. (h) Severability. In case any section, paragraph or part of this section for any reason shall be declared invalid by any court, every other section, paragraph and part shall continue in full force and effect.
Secs. 7-30-7-40. Reserved.
ARTICLE III. FAIR HOUSING*

*State law reference(s) – Unlawful discrimination, M.G.L.A . c. 151B.

Sec. 7-41. Fair housing policy.

It is hereby declared to be the public policy of the city that each individual regardless of race, color, creed, religion, sex, handicap , children, marital status, family or relationship structure , sexual preference, source of income, military status, age, ancestry and/or national origin shall have equal access to housing accommodations , facilities, services and financial aid, and to encourage and bring about mutual understanding and respect among all individuals in the city by the elimination of prejudice and discrimination in the area of housing.

Sec. 7-42. Police power.

This article shall be deemed an exercise of the police power of said city for the protection of public welfare, prosperity, health and peace of its people.

Sec. 7-43. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commission means the City of Somerville Fair Housing Commission, its agents and employees.

Discriminate includes designing, promoting, implementing or carrying out any policy, practice or act which by design or effect segregates, separates, distinguishes or has a disproportionate impact according to race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, source of income, military status, age, ancestry and/or national origin.

Handicap means any condition or characteristic that renders a person a handicapped person as defined in Title 45, Subtitle 84.3(j) of the Code of Federal Regulations.

Housing accommodation includes any building or structure or portion thereof or any parcel of land, developed or undeveloped, which is occupied or to be developed for occupancy as the home, residence or commercial business for one or more persons.

Person includes one or more individuals, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy, receivers, and the city and all boards, commissions, offices and agencies thereof.

Cross reference(s) – Definitions and rules of construction, § 1-4 .

Sec. 7-44. Unlawful housing practices.

It shall be un unlawful housing practice:

  1. (1) For any owner , lessee, sublessee, assignee, managing agent, real estate agent, or other person having the right to sell, rent, lease, or manage a housing accommodation or an agent of any of those: a. To discriminate or directly or indirectly make or cause to be made any written or oral inquiry concerning the race, color, creed, religion, sex, handicap , marital status, family or relationship structure , sexual preference, military status, age, ancestry and/or national origin of any prospective purchaser, occupant , or tenant of such housing accommodations; b. To discriminate or directly or indirectly to refuse to sell, rent, lease, let or otherwise deny to or withhold from any individual, such housing accommodation because of race, color, creed, religion, sex, handicap, marital status, family or relationship structure, children, sexual preference, military status, source of income, age, ancestry and/or national origin; c. To discriminate or to directly or indirectly print or publish or cause to be printed or published, circulated, broadcasted, issued, used, displayed, posted, or mailed any written, printed, painted or oral communication, notice or advertisement relating to the sale, rental, lease, or let of such housing accommodation which indicates any preference, denial, limitation, specification, qualification, or discrimination, based upon race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, source of income, military status, age, ancestry and/or national origin; d. To directly or indirectly discriminate against any person because of race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, source of income, military status, age, ancestry and/or national origin in the terms, conditions or privileges of the sale, rental, lease, or letting of any such housing accommodation or in the furnishing of facilities or services in connection therewith; (2) For any person to whom application is made for a loan or other form of financial assistance for the acquisition, construction, rehabilitation, repair or maintenance of any housing accommodation, whether secured or unsecured: a. To discriminate or to directly or indirectly make or cause to be made any written or oral inquiry concerning the race, color, creed, religion, sex, handicap, marital status, family or relationship structure, sexual preference, military status, age, ancestry and/or national origin of any individual seeking such financial assistance, or of existing or prospective occupants or tenants of such housing accommodation; b. To discriminate directly or indirectly in the terms, conditions or privileges relating to the obtaining or use of any such financial assistance because of race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, source of income, military status, age, ancestry and/or national origin; c. To discriminate or to directly or indirectly deny or limit such application for financial assistance on the basis of an appraiser's evaluation, whether independent or not, of the property or neighborhood under consideration, when such evaluation is based on race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, source of income, military status, age, ancestry and/or national origin; (3) For any person, whether or not acting for monetary gain, to directly or indirectly induce, attempt to induce, prevent or attempt to prevent the sale, purchase, rental, or letting of any housing accommodation by: a. Implicit or explicit representations regarding the existing or potential proximity or real property owned, used or occupied by persons of any particular race, color, creed, religion, sex, marital status, family or relationship structure, sexual preference, handicap, military status, age, ancestry and/or national origin; b. Implicit or explicit representations regarding the effects or consequences of any such existing or potential proximity including, but not limited to, the lowering of property values, an increase in criminal or antisocial behavior, or a decline in the quality of schools or other facilities; c. Implicit or explicit false representations regarding the availability of suitable housing within a particular neighborhood or area, or failure to disclose or offer to show all properties listed or held for sale, rent, lease, or let within a requested price range, regardless of location, on the basis of race, color, creed, religion, sex, marital status, family or relationship structure, sexual preference, source of income, children, handicap, military status, age, ancestry and/or national origin; (4) Except where based on a valid affirmative action program or recordkeeping or reporting requirement approved by the state or federal government or adopted pursuant to a court decree: a. For any person, agent, manager, owner, or developer of any apartment or housing unit, complex or development, whether commercial or residential, to directly or indirectly make or keep a record of any applicant's, prospective tenant's or existing tenant's race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, military status, age, ancestry and/or national origin; b. To use any form of housing or loan application which contains questions or entries directly or indirectly pertaining to race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, source of income, military status, age, ancestry and/or national origin; c. To establish, announce or follow a pattern, practice, or policy of denying, excluding or limiting by any means whatsoever housing accommodations because of race, color, creed, religion, sex, handicap, children, marital status, family or relationship structure, sexual preference, source of income, military status, age, ancestry and/or national origin; (5) For any person to discriminate in any manner against any individual or to otherwise deny to or withhold from such individual housing accommodations because he or she has opposed any practice forbidden by this article or because he or she has made a charge, testified, or assisted in any manner in any investigation or proceedings under this article; (6) For any person, whether or not acting for monetary gain, to aid, abet, incite, compel or coerce the doing of any act declared by this article to be an unlawful housing practice, or to obstruct or prevent any person from complying with the provisions of this article or any regulations or orders issued thereunder, or to attempt directly or indirectly to commit any act declared by this section to be an unlawful housing practice.
Sec. 7-45. Exemptions.

Notwithstanding anything herein contained, the following shall not be violations of this article:

  1. (1) Nothing contained in this article shall be construed to extend the application of this article, or other existing laws, to cover housing accommodations or units presently exempted under federal and state law; it is the intention of this article to apply to only those housing accommodations or units presently covered by applicable federal and state laws; (2) For a religious organization or institution to restrict any of its housing accommodations which are operated as a direct part of religious activities to persons of the denomination involved; (3) For the owner of a housing facility devoted entirely to the housing of individuals of one sex, to restrict occupancy and use on the basis of sex; (4) The operation or establishment of housing facilities designed for the exclusive use of the handicapped or the establishment of programs designed to meet the needs or circumstances of handicapped persons; (5) The operation or establishment of state-aided or federally-aided housing developments for the elderly or self-contained retirement communities constructed expressly for use by the elderly which are at least 20 acres in size and have a minimum age requirement for residency of at least 55 years.
Sec. 7-46. Fair housing commission.
  1. (a) There shall be in the city a commission known as the Somerville Fair Housing Commission hereinafter called the "commission," which shall consist of five members appointed by the mayor and approved by the city council , to serve without compensation.
  2. (b) The members of the commission shall serve a term of three years; provided, however, that of the members first appointed to the commission two shall be appointed to a term of one year, two shall be appointed to a term of two years, and one shall be appointed for a term of three years. Thereafter the mayor shall appoint each successor to a term of three years. In the event of the death or resignation of any member, his or her successor shall be appointed to serve for the unexpired period of the term for which such member has been appointed.
  3. (c) At least three members of the fair housing commission shall live in the city and the remaining members shall either live or work in the city at the time of their appointment and throughout their tenure. The members of the commission shall include persons who have experience or a demonstrated interest in housing, social services, or civil rights. One commissioner shall be a representative from the administration of the housing authority. One commissioner shall be a Somerville tenant who, at the time of his or her appointment, is eligible on the basis of income for assisted housing in the city.
  4. (d) The mayor shall annually appoint a chairperson of the commission with the advice of the commission. Three members shall constitute a quorum for the purpose of conducting business.
Sec. 7-47. Fair housing commission duties.
  1. (a) Whenever the commission receives a complaint that is or appears to be within the jurisdiction of the Massachusetts Commission Against Discrimination (hereinafter "MCAD"), the commission shall: (1) Prepare an MCAD complaint in the form and manner prescribed by MCAD and have such complaint signed under oath by the complainant; (2) Transmit such complaint to MCAD for filing within three days of its preparation by the commission.
  2. (b) Whenever the commission receives a complaint that is not within the jurisdiction of MCAD, the commission shall: (1) Prepare a complaint in the form and manner prescribed by the commission; (2) Investigate such complaint. In connection with any investigation, the commission may hold hearings, summon witnesses, compel their attendance, administer oaths, take the testimony of any person under oath, and require the protection of any evidence relating to any matter in question or under investigation by the commission. The power to summon witnesses as defined herein shall be limited to those powers and procedures set forth in Chapter 233, Section 8 of the General Laws . At any hearing before the commission, or any committee thereof, a witness shall have the right to be advised and represented by counsel. However, unavailability of counsel is not an adequate basis for requiring a delay of any hearing or proceeding; (3) Attempt by mediation to resolve such complaint and recommend to all appropriate governmental agencies, federal, state or local, such action as it feels will resolve such complaint; (4) After completion of the investigation of any such complaint not resolved by mediation, make a written report of its findings and recommendations to the mayor and the city council , and to any court or other governmental agency having jurisdiction of the matter in question and, in all cases, urge and use its best efforts to bring about compliance with its recommendations.
  3. (c) In addition to the aforementioned complaint-processing responsibilities, the commission shall have the following additional functions, powers and duties: (1) To make studies and surveys and to issue such publications and such results of investigations and research as, in its judgment, will tend to promote goodwill and minimize or eliminate discrimination in housing because of race, color, creed, religion, sex, handicap , children, marital status, family or relationship structure , sexual preference, source of income, military status, age, ancestry and/or national origin; (2) To develop courses of instruction for presentation in public and private schools, public libraries, and other suitable places, devoted to eliminating prejudice, intolerance, bigotry and discrimination in housing and showing the need for mutual self-respect and the achievement of harmonious relations among various groups in the city ; (3) To render each year to the mayor and city council a full written report of all its activities and of its recommendations; (4) To create such subcommittees from the members of the commission as, in the commission's judgment, will best aid in effectuating the policy of this article; (5) To enter into cooperative working agreements with federal, state and city agencies, and to enlist the cooperation of the various racial, religious and ethnic groups, civic and community organizations and other groups in the city to effectuate the policy of this article.
Sec. 7-48. Fair housing commission procedures.
  1. (a) The commission may adopt rules and regulations consistent with this article and the laws of the commonwealth to carry out the policy and provisions of this article and the powers and duties of the commission.
  2. (b) The commission shall adopt rules of procedure for the conduct of its investigations. Said rules shall ensure the due process rights of all persons involved in the investigations.
  3. (c) Any charge filed under this article must be filed within six months of the alleged act of discrimination.
  4. (d) All commission records shall be public except those that are necessary to ensure privacy rights under other local, state or federal laws and those records that must be kept confidential in compliance with laws and rules of evidence.
Secs. 7-49-7-60. Reserved.
ARTICLE IV. CONDOMINIUM/COOPERATIVE CONVERSION*

State law reference(s) – Condominiums, M.G.L.A . c. 183A.

Sec. 7-61. Declaration of emergency.

Pursuant to the authority vested in the City of Somerville by Chapter 527 of 1983, as amended by Chapter 709 of 1989, and Chapter 218 of the Acts and Resolves of 1985, the City of Somerville finds and declares that a serious public emergency exists with respect to the housing of a substantial number of the residents of the City of Somerville. This rental housing emergency has been created by the lack of sufficient new rental housing production, by prolonged increases in housing costs at a rate substantially exceeding increases in personal income, and by increased costs of new housing construction and finance. In addition, the critical undersupply of housing in general within the surrounding region further exacerbates the emergency conditions that exist within Somerville. It has also been created by the effect of conversion of rental housing into condominiums or cooperatives. While these forms of home ownership may constitute an important and positive dimension in addressing the housing needs of the City of Somerville, absent sufficient new rental housing production, such conversion necessarily reduces the stock of rental housing otherwise available. A substantial and increasing shortage of rental housing, especially for the elderly, the disabled, and persons and families of low and moderate income, has been and will continue to be the result of this emergency. Unless the available stock of rental housing, and the tenants who reside therein, receive further protection from the consequences of conversion of said accommodations to condominiums and cooperatives than the law now affords, this rental housing shortage will generate serious threats to the public health, safety, and general welfare of the residents of the city, particularly the elderly, the disabled, and persons and families of low and moderate income. It is therefore necessary that such emergency be dealt with immediately.

Sec. 7-62. Title.

This ordinance shall be known and may be cited as the "Somerville Condominium/Cooperative Conversion Ordinance."

Sec. 7-63. Definitions.

As used in this ordinance, the following words shall, unless the context clearly requires otherwise, have the following meanings:

Condominium or cooperative conversion eviction , shall mean

  1. (a) an eviction of a tenant for the purpose of removing such tenant from a housing accommodation in order to facilitate the initial sale and transfer of legal title to a condominium or cooperative unit in such housing accommodation to a prospective purchaser, or
  2. (b) an eviction of a tenant by any other person who has purchased a condominium or cooperative unit in a housing accommodation when the tenant whose eviction is sought was a resident of the housing accommodation at the time the notice of intent to convert is given or should have been given to convert the building or buildings to the condominium or cooperative form of ownership pursuant to section 7-64 . However, the eviction of a tenant for non-payment of rent or other substantial violation of a rental agreement shall in no event be deemed a condominium or cooperative conversion eviction, as long as the landlord would have taken the same action at the same time whether or not the owner was converting the building to condominiums.

If an owner intends to transfer property to a prospective purchaser where the owner knows or should have known that the prospective purchaser intends to convert the property to a condominium or cooperative unit, and such owner seeks to evict the tenant in anticipation of conversion, such eviction shall be deemed to be a condominium or cooperative conversion eviction for the purposes of this section.

For purposes of this definition, the “initial sale and transfer of legal title” shall mean the first bona fide sale or proprietary lease for fair market value; and “eviction” shall include, without limitation, any action by an owner of a housing accommodation which causes substantial deprivation of a tenant’s beneficial use of such housing accommodation, materially impairs such tenant’s beneficial enjoyment of such housing accommodation, or is intended to compel such tenant to vacate or to be constructively evicted from such housing accommodation. An eviction shall be presumed to be a condominium or cooperative conversion eviction if the owner has the intent to convert, as defined herein.

Condominium review board , the City of Somerville board established pursuant to section 7-67 herein.

Condominium unit , a unit in a housing condominium as that term is defined in G. L. c. 183A.

Convert , the initial offer, in any manner, for sale and transfer of title to any residential unit as one or more condominium units pursuant to an individual unit deed or deeds or, in the case of a cooperative, an individual proprietary lease or leases.

Cooperative unit , a unit in a housing cooperative as set forth in G. L. c. 157.

Disabled tenant , a tenant who is a person or group of persons residing in the same unit of a housing accommodation any one of whom has a physical or mental impairment, as of the date the notice provided for hereunder is given or should have been given, which (a) substantially limits such person’s ability to care for him or herself, perform manual tasks, walk, see, hear, speak, breathe, learn or work; or (b) significantly limits the housing appropriate for such person or significantly limits such person’s ability to seek new housing; or (c) meet the disability related provisions contained within the definition of “handicapped persons of low income” in G.L. c. 121B § 1.

Elderly tenant , a tenant who is a person or group of persons residing in the same unit of a housing accommodation any one of whom has reached the age of 65 years or over as of the date the notice provided for hereunder is given or should have been given.

Household , all tenants who occupy a unit in a housing accommodation, including a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share such unit.

Housing accommodation, any building or buildings, structure or structures, or part thereof, or land appurtenant thereto, or any other real or personal property rented or offered for rent for living or dwelling purposes, or any additional residential units created out of existing residential space, together with all services connected with the use or occupancy of such property, including two or more adjacent, adjoining, or contiguous buildings under common legal or beneficial ownership which are used in whole or in part for residential purposes, but not including the following:

  1. (a) housing accommodations which the United States or the commonwealth or any authority created under the laws thereof either owns or operates;
  2. (b) housing accommodations in any hospital, convent, monastery, asylum, public institution or college or school dormitory operated exclusively for charitable or educational purposes, or in any nursing or rest home for the aged;
  3. (c) housing accommodations in hotels, motels, inns, tourist homes, and rooming and boarding houses which are occupied by transient guests staying for a period of fewer than 14 consecutive days; and
  4. (d) single family dwellings; except where additional units will be added to the same or adjacent property, whether the project adding such units is phased or not, and the existing single-family dwelling will be one or more or part thereof multiple condominium units governed by the same condominium association.

Intent to convert , the intent to make the initial sale and transfer of title to a residential unit in a housing accommodation as one or more condominium or cooperative units pursuant to an individual unit deed or deeds, or, in the case of a cooperative, a proprietary lease or leases. Factors which shall be considered in determining whether an owner has the intent to convert are:

  1. (a) a master deed or articles of organization for the housing accommodation has been prepared or recorded;
  2. (b) the owner of the housing accommodation dwelling has prepared or is in the process of preparing a purchase and sale agreement for the sale of any unit as a condominium or cooperative unit;
  3. (c) the owner has advertised for sale any unit in the housing accommodation as a condominium or cooperative unit;
  4. (d) the owner has shown to any prospective purchaser a unit in the housing accommodation for the sale of such unit as a condominium or cooperative unit;
  5. (e) the owner has made any communication, written or oral, to any person residing in the housing accommodation expressly indicating an intent to sell any unit as a condominium or cooperative unit;
  6. (f) the owner has had any unit in the housing accommodation measured or inspected to facilitate the sale of the units as a condominium or cooperative unit;
  7. (g) the owner has had the land surveyed, an engineering study performed, or architectural plans prepared for the purpose of converting such housing accommodation into one or more condominium or cooperative units;
  8. (h) demolition of the housing accommodation and construction of condominium units;
  9. (i) retaining a real estate agent for the sale of the converted unit; and
  10. (j) retaining an attorney for the purpose of pursuing a conversion.

Low/moderate income tenant household , a tenant/household is a person or group of persons residing in the same unit of a housing accommodation whose total income for the 12 months immediately preceding the date the notice provided for hereunder is given or should have been given is at or below 80% of Boston Area Median Income, adjusted for household size, as published annually by the U.S. Department of Housing and Urban Development.

Notice , the notice of intent to convert required in section 7-64 (a) of this ordinance.

Non-rent paying tenant or occupant , a person living in a unit who has never been charged for nor paid rent as defined below.

Owner , a person who holds title in any manner to a building or housing accommodation, including without limitation, a corporation, partnership or trust, and an employee, agent, servant, or other representative of such owner.

Owner-occupied unit , a unit occupied as the principal place of residence by a person who has a present ownership interest in the property. No corporation, irrevocable trust, partnership, limited partnership, or association may be considered an owner-occupant.

Rent , all periodic payments, and all nonmonetary consideration including but not limited to, the fair market value of goods or services rendered to or for the benefit of the landlord under an agreement, written or oral, concerning the use or occupancy of a rental unit, premises, or amenities.

Tenant , a person or group of persons who are collectively entitled to occupy a unit in a housing accommodation pursuant to a rental agreement written or implied, and who occupy such unit on the date that the notice required hereunder is given or should have been given.

Tenant subsidy , any payment made by the federal or state government for or on behalf of any tenant to be applied toward the reduction of the tenant’s rental payment.

Unit or residential unit , the room or group of rooms within a housing accommodation which is used or intended for use as a residence by one household.

Cross reference(s) – Definitions and rules of construction, § 1-4 .

Sec. 7-64. Condominium conversion procedures.
  1. (a) Notice of intent to convert. (1) Vacant units or owner-occupied units . If an owner has an intent to convert an unoccupied or owner-occupied housing accommodation to the condominium or cooperative form of ownership, the owner shall give two-years advance notice to the condominium review board (“review board”) on a form provided by the review board. This two-year notice period shall begin from the date the review board grants a conditional/preliminary permit. This two-year waiting period requirement shall not apply under the following circumstances: (A) Where the unit had been previously occupied by the owner, or a non-rent paying tenant or occupant that has knowingly and voluntarily signed a waiver of their rights, for the 12 months immediately preceding the unit becoming vacant; (B) Where the unit is presently occupied by the owner, or a non-rent paying tenant or occupant that has knowingly and voluntarily signed a waiver of their rights, and has been for at least the 12 months immediately preceding the intent to convert; (C) Where the unit is deed-restricted for affordability in perpetuity; or (D) Where the owner is selling the unit to a family member as provided for under section 7-64(d)(2). (2) Occupied units. If an owner has an intent to convert an occupied housing accommodation to the condominium or cooperative form of ownership, such owner shall give to each tenant then residing in a unit in such housing accommodation and simultaneously give to the condominium review board a written notice translated into the tenant’s primary language if a need for such translation has been identified or is otherwise apparent to a reasonable person . This notice shall be deemed given on the date when proper notice is delivered in person to the tenant or the date on which the notice is received by the tenant after being sent by certified or registered mail, return receipt requested, or the date of service by a deputy sheriff or constable. The notice shall state the following in clear and conspicuous language: (A) that the owner intends to file (or has filed) a master deed at the Middlesex South District Registry of Deeds or Land Registration Office in Cambridge, thereby converting the housing accommodation to a condominium; or that the owner intends to file (or has filed) articles of organization with the secretary of the commonwealth , thereby converting the housing accommodation to a cooperative; (B) that the tenant shall have one year from the date the notice is given before the tenant shall be required to vacate the housing accommodation, except: (I) that any tenant who qualifies as elderly, disabled, or low/moderate income shall have five years from the date the notice is given before such tenant shall be required to vacate the housing accommodation; or (II) if the tenant’s written agreement extends pas when the notice period would elapse, the notice period shall be extended to coincide with the lease period; (C) that, except as set forth in section 7-64(d)(2), the owner shall extend to the tenant within 120 days, or 180 days in the case of an elderly, disabled, or low/moderate income tenant, from the date of the notice, a right to purchase the tenant’s unit. The offer shall include terms and conditions which are substantially the same as or more favorable than those which the owner would, in good faith, extend or actually extends to prospective arm’s length purchasers of such unit during the applicable period following the expiration of said tenant’s right to purchase, as provided in section 7-64(d), provided that such terms and conditions represent fair market value for such unit in “as is” condition as described in section 7-64(d)(1); (D) that, except as set forth in section 7-64(d)(2), the tenant shall have a period of 120 days, or 180 days in the case of an elderly, disabled, or low/moderate income tenant, from the date the tenant received the right to purchase offer to determine if they are willing and able to purchase their unit; (E) that there is a permit review process involving (I) an initial hearing after service of this notice and (II) a final hearing for a conversion permit at the end of the notice period or upon vacancy of the tenant, in addition to hearings as necessary that may be initiated by the tenants, owner or review board. These hearings shall be before the review board and that the tenant and owner shall be notified of the date and time at least two weeks prior to the hearing date. The tenant and owner shall have a right to attend any such hearings and to present evidence as to whether the owner has or has not met the requirements of the Somerville Condominium/Cooperative Conversion Ordinance; (F) that if the tenant does not purchase the tenant’s unit or another unit in the housing accommodation, the tenant has a right to relocation benefits as provided in section 7-64(e); (G) that the owner is obliged to find comparable housing for elderly, disabled, and low or moderate income tenants as provided in section 7-64(f) unless the owner is exempt thereunder or the notice period will be extended for up to two additional years; and that no change may be made in the tenant’s rental agreement during the notice period, except that the owner may increase the rent at the expiration of the tenancy agreement by an amount not to exceed the sum which would result by multiplying said rent by the percentage increase in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics during the calendar year immediately preceding the date of the proposed rent increase, or ten percent, whichever is less and the owner may collect real estate taxes due under a valid tax escalation clause, provided such tax escalation clause was included within the rental agreement existing as of the date of the notice of intent to convert; (H) that the tenant is entitled to an extension of the tenant’s rental agreement to coincide with the period of notice, as provided in section 7-64(g) of this ordinance; (I) that the tenant is entitled to freedom from unreasonable disruption and breach of quiet enjoyment as a result of rehabilitation, repairs or improvements made by the owner during the period of notice, as provided in section 7-64(h); and (J) that the date the notice is deemed “given” is the date on which the notice is delivered in person to the tenant or the date on which the notice is received by the tenant after being sent by certified or registered mail, return receipt requested, or the date of service by a deputy sheriff or constable. (3) The burden of proving that a tenant is elderly, disabled, or low or moderate income shall, if contested, rest with the tenant. The owner shall be entitled to provide the tenant with a written request to disclose whether the tenant claims to be elderly, disabled, or low or moderate income. In the event the tenant confirms in writing that they do not claim that they are elderly, disabled, or low or moderate income, then there shall be a rebuttable presumption that the tenant is not elderly, disabled, or low or moderate income, which presumption shall only be overcome by clear and convincing evidence to the contrary. (A) Any tenant may request that the Office of Housing Stability assist the tenant in establishing eligibility for extended protections on account of age, disability or status as a low or moderate income household . (I) The Office of Housing Stability and board staff shall create and update policies and procedures for processes when tenants are requesting assistance in establishing eligibility. (II) The Office of Housing Stability shall provide to the City’s ADA Coordinator documentation related to the request for establishing eligibility. The ADA Coordinator shall consider said documentation and issue a written recommendation regarding eligibility to the board. (III) The board shall make a determination upon consideration of the ADA Coordinator’s recommendation. (B) The five-year notice period may be extended by mutual, written agreement between the qualifying tenant(s) and the landlord so long as the qualifying tenant(s) continue(s) to reside in the unit as their primary place of residence with voluntary approval of the landlord. (I) Once the qualifying tenant(s) no longer resides in their unit any remaining tenants in said unit shall have six months notice that the owner will be pursuing a final permit from the date the qualifying tenant(s) vacated. (II) Owners shall apply for a final permit within 30 days of the qualifying tenant(s) no longer residing in the unit. (4) An application to convert shall be submitted to the board within 30 days of tenants being notified as required by section 7-64(a)(2).
  2. (b) Renting units during conversion. (1) If an owner intends to sell or offer for sale fewer than all of the units in a housing accommodation, within the applicable notice period or a reasonable time thereafter, the owner shall give to each tenant in a unit not for sale a notice which (A) informs such tenant of the date when the owner reasonably expects to offer the tenant’s unit for sale and (B) states that, on or about such date, the owner will give to the tenant the notice required by section 7-64(a)(2)(A)-(J) hereunder; and thereafter, at such time as the owner is ready to offer the unit for sale, the owner shall give the tenant then occupying such unit the notice required by section 7-64(a)(2)(A)-(J) hereunder. The notice required herein must be translated into the tenant’s primary language if a need for such translation has been identified or is otherwise apparent to a reasonable person. (2) If a tenant who is entitled to receive the notice of intent to convert vacates such tenant’s unit either before the initial sale and transfer of title to the residential unit as a condominium unit has occurred, and/or after the owner has otherwise already obtained a conditional/preliminary conversion permit for a unit which has not expired pursuant to section 7-65 (c), then the owner shall give each prospective tenant of the unit written notice, prior to the inception of the tenancy, which informs such prospective tenant that the unit is being or will be offered for sale as a condominium or proprietary lease as a cooperative, but such prospective tenants shall not be entitled to the protections of this ordinance, except that they shall be entitled to the benefits of any remaining notice period for which the original tenant was entitled to, not to exceed one year. If such notice is not provided to the prospective tenant prior to the inception of the tenancy, the prospective tenant will then be afforded full tenant rights pursuant to section 7-64(a)(2) and the applicable notice period will restart in accordance with the status of the new tenant. (3) If an owner seeks to rent a previously vacant unit after initiating an intent to convert but before a Final Permit is issued, then the owner shall give each prospective tenant of the unit written notice, prior to the inception of the tenancy, which informs such prospective tenant that the unit is being or will be offered for sale as a condominium or proprietary lease as a cooperative, but such prospective tenants shall not be entitled to the protections of this ordinance, except that they shall be entitled to the benefits of any remaining notice period for which the original tenant was entitled to, not to exceed one year. If such notice is not provided to the prospective tenant prior to the inception of the tenancy, the prospective tenant will then be afforded full tenant rights pursuant to section 7-64(a)(2) and the applicable notice period will restart in accordance with the status of the new tenant.
  3. (c) Condominium/cooperation eviction. No owner shall seek or conduct a condominium or cooperative eviction against a tenant in occupancy of a housing accommodation at the time the notice of conversion was served or should have been served pursuant to section 7-64(a)(2) above until the expiration of the notice period required therein. Failure of the owner to comply with the provisions of this ordinance shall constitute a defense in a summary process action against such tenant(s).
  4. (d) Tenant right to purchase. (1) Occupied units . An owner shall extend to a tenant who is entitled to receive notice of intent to convert an exclusive right to purchase such tenant’s unit, which right shall extend for a period of 120 days, or 180 days in the case of an elderly, disabled, or low/moderate income tenant beginning on the date the tenant receives a purchase and sale agreement from the owner containing the same or more favorable terms of sale than those the owner would, in good faith, offer, or actually does offer, to prospective arms’ length purchasers of such unit, provided that such terms and conditions represent fair market value for such unit in “as is” condition. A copy of such agreement shall be contemporaneously provided to the condominium review board. Once the owner sets these terms of sale, the owner may not sell the unit under more favorable terms for 90 days from the expiration of the tenant’s right to purchase. The tenant may exercise the right to purchase the tenant’s unit by executing such purchase and sale agreement within the applicable period, whereupon the owner shall promptly countersign the agreement. Where there is more than one unrelated adult tenant in a household, the right to purchase shall only apply if (A) all tenants opt to purchase the unit jointly or (B) if all tenants other than those opting to exercise their rights to purchase waive their right to purchase under this section. If the tenant does not wish to exercise the tenant’s right to purchase and the tenant so notifies the owner, in writing, prior to the expiration of the applicable period, the applicable period shall be deemed to have expired as of the date the owner receives such notice as to the tenant. If the tenant wishes to exercise the tenant’s right to purchase, the tenant shall have priority over any other entity also wishing to purchase the unit pursuant to a right to purchase. Nothing herein shall be construed to provide any right to purchase, or obligation of any owner to sell, any unit for an amount which is less than the amount being offered, in good faith, to third parties, provided that such amount represents the fair market value of such unit in its condition as of the date of the notice set forth in section 7-64(1)(b) above. Fair market value shall include the cost of repairs required by law in the tenant’s unit in order to sell it as a condominium and a proportional amount of costs based on square footage for repairs required by law to be performed to the common areas in order to sell the unit as a condominium. Fair market value in “as is” condition does not contemplate pricing reflecting the cost of optional upgrades or any required upgrades or repairs that are triggered by optional upgrades. (2) If an owner who holds title as a natural person has an intent to convert a housing accommodation to a condominium or cooperative form of ownership, and said owner is transferring property as part of a conversion to a relative within the fourth degree of kindred, there shall be no tenant right to purchase. Any notices required pursuant to section 7-64 need not comply with section 7-64(a)(2)(C). (3) Where an owner, who bought a property in good faith, is bringing a non-permitted condo conversion that was required to be permitted into compliance with the condo conversion ordinance, there shall be no tenant right to purchase under this ordinance unless said owner owns more than two (2) units in the same housing accommodation. All other tenant rights, notification requirements and relocation fee requirements shall apply.
  5. (e) Relocation payments. An owner shall pay to a tenant who is entitled to receive notice of the owner’s intent to convert, and who does not purchase the unit which such tenant occupies or another unit in the same housing accommodation and who relocates within the notice period or such longer period allowed for access to public or subsidized housing as set forth in this section below, a relocation payment which will be adjusted annually based on the consumer price index. The relocation amounts, as of this ordinance’s effective date, from which subsequent adjustments shall be made, is $18,000 for elderly, disabled, or low/moderate income tenants and $14,000 for all other tenants. Relocation payments are per unit, except is notice is not provided as outlined in section 7-64(b)(2). In that case an additional relocation payment shall be paid to those tenants. This dollar amount shall be adjusted annually in February of each year, by an amount equal to the increase in the consumer price index for all urban consumers (as published by the United States Department of Labor, Bureau of Labor Statistics) during the immediately preceding calendar year. Adjusted relocation amounts shall be publicly posted on the city's website. If a tenant vacates the premises pursuant to a notice under this ordinance without having paid all rent due, the owner may subtract any sums owed from the required payment of moving expenses. in the event an elderly, disabled, low or moderate income tenant is seeking public or subsidized housing and requires a judgment for possession to be issued in order to obtain emergency status or other preference/priority necessary to access such housing or housing subsidy program on an expedited basis, such tenant shall continue to be entitled to the relocation benefit whether or not the tenant has vacated by the end of the notice period, so long as the tenant vacates the unit within 90 days of any trial date set forth in a summary process complaint filed against the tenant, or such longer time period as agreed upon by the parties. Relocation benefits shall be paid to the tenant within ten days after the date on which the tenant vacates the unit with the following exception: in recognition of the fact that many relocation costs must be paid in whole or in part before a tenant actually moves out, the owner shall, upon request of the tenant, make payments, up to the amount authorized by this section, directly to a moving company, realtor, storage facility, or successor landlord (upon receipt of a signed lease, tenancy at will agreement, or letter signed by the prospective landlord indicating that he/she has agreed to rent a particular unit to the tenant as of a date certain with a copy of proof of ownership), prior to the date on which they vacate the premises.
  6. (f) Housing search assistance. Any owner shall assist elderly, disabled, and low or moderate income tenants who are entitled to notice of intent to convert by locating, within the five-year period of the notice to such tenants, comparable rental housing within the City of Somerville which rents, for at least the remainder of the notice period, for a sum which is equal to or less than the sum which any such tenant had been paying for the tenant’s unit. The failure of the owner of such residential property to find such comparable housing shall extend the period of notice required by section 7-64 (a)(2)(F) until the owner locates such comparable rental housing, or for two additional years, whichever occurs first. Any owner who has both kept rent levels at or below Somerville Housing Authority Section 8 payment standards in place at the time the notice is served for a minimum of three consecutive years and has limited rent increases to no more than five percent annually for three consecutive years shall be exempt from (a) being required to locate comparable rental housing and (b) from providing an additional two-year notice period in the event that after five years, the elderly, disabled or low or moderate-income tenant has not yet located alternative housing.
  7. (g) Extension of rental agreement. An owner shall give to a tenant who is entitled to notice of intent to convert an extension of such tenant’s rental agreement, whether it be a lease or a written or oral tenancy at will, until the expiration of the notice period or the applicable right to purchase period, whichever is later. Conversely, if the one-year or five-year notice period would expire before the expiration date of such tenant’s rental agreement, then the notice period shall be extended to coincide with the expiration date of such rental agreement. The provisions of such rental agreement may not be modified by the owner except with respect to the amount of annual rent. The total increase in rent for any one year during the period of notice shall not exceed an amount equal to the sum which would result by multiplying said rent by the percentage increase in the consumer price index for all urban consumers as published by the United States Department of Labor, Bureau of Labor Statistics, during the calendar year immediately preceding the date of receipt of the notice of intent to convert, or ten percent, whichever is less; provided, however, nothing herein shall limit the right of an owner to any amounts which may be due under a valid tax escalation clause, provided such tax escalation clause was included within the rental agreement existing as of the date of the notice of intent to convert. The review board shall be notified of any rent increase on a form provided by the review board.
  8. (h) Renovation to units during the notice period. Tenants are entitled to freedom from unreasonable disruption as a result of rehabilitation, repairs or improvements. The owner may only make repairs in a tenanted unit undergoing conversion that are required by the State Sanitary or Building Codes. Other unit renovations or improvements may only be undertaken with the express written consent of the tenant. In the event that the owner wishes to make optional upgrades to vacant units or common areas, the owner must comply with review board rules and policies regarding such repairs or renovations including, but not limited to, days and times repairs can be made, methods for notifying tenants in advance of the work schedule, rules regarding any interruption of services and clean up procedures.
  9. (i) Tenant’s right to vacate. A tenant shall be permitted to vacate the unit upon 30 days’ notice without penalty regardless of the status of their rental agreement, during the notice period.
  10. (j) The rights specified in section 7-64 hereunder shall vest with a tenant at the time that the owner intends to convert any unit in such property to the condominium or cooperative form of ownership.
  11. (k) Rescinding of intent to convert . An owner may rescind their notice of intent to convert or application at any time prior to a final conversion permit being granted. No fees will be refunded for rescinded applications. Tenant(s)’ rights, except the right to purchase, shall remain in effect for the length of the applicable notice period. (1) Owners must submit a request to rescind on a form provided by the review board.
  12. (l) Rejection of intent to convert . Review board staff and the review board may reject a notice of intent to convert or application for failure to comply with terms set forth under this ordinance. No fees will be refunded for dismissed applications. Tenant(s)’ rights, except the right to purchase, shall remain in effect for the length of the applicable notice period.
  13. (m) Denial of application to convert . The review board may refuse to issue a conditional/preliminary or final conversion permit as set forth under section 7-65 (b)(5) below. No fees will be refunded for denied applications. Tenant(s)’ rights, except the right to purchase, shall remain in effect for the length of the applicable notice period. (1) If an application to convert is denied, a new application may not be submitted until six months after the date of denial.
  14. (n) Revoking of permit . The review board may revoke a conditional/preliminary or final conversion permit as set forth under section 7-65 (b)(5) below. No fees will be refunded for revoked applications. Tenant(s)’ rights, except the right to purchase, shall remain in effect for the length of the applicable notice period. (1) If a conditional/preliminary or final permit is revoked, a new application may not be submitted until six months after the date of revocation.
Sec. 7-65. Permitting process.
  1. (a) Application for conversion permits and granting of conditional/preliminary permits. (1) Any owner who has an intent to convert a tenant occupied housing accommodation shall concurrently provide notice of intent to convert to the review board staff and tenant as required in section 7-64 (a). In addition, the owner shall, within 30 days of service of said notice, submit to the review board staff a fully completed application, including all required tenant and other documentation, for a conversion permit. (A) Any new notice of intent to convert shall be provided as required under section 7-64 (a) to tenant(s) and the board if more than 30 days has elapsed between the original notice and the submission of a completed application. (I) If a new notice of intent to convert is provided, all timelines for actions required by this ordinance shall be calculated based on the date of service of this new notice. (2) Any owner who has an intent to convert an unoccupied housing accommodation shall provide notice to the review board on an application form provided by the board. Upon submission of a completed application for a conversion permit, a hearing will be scheduled for an upcoming regularly scheduled review board meeting. For tenanted or formerly tenanted units, the review board shall be responsible for giving written notice at least two weeks in advance to the tenant(s) and former tenant(s) stating the date, time, and place of any hearing regarding the housing accommodation in which such tenants reside or formerly resided. For non-tenanted units, the review board's written notice date shall comply with Massachusetts open meeting law requirements. At such hearing the owner shall appear, and tenants may appear and testify, if so desired. The review board, after reviewing relevant documents and any testimony will render a determination regarding whether the actions taken by the owner thus far comply with this ordinance. In addition, the review board shall review with any tenants present their rights afforded by this ordinance. If the review board agrees that the owner has complied with its obligations under this ordinance a permit shall be issued . (3) Permit types issued include, but are not limited to, the following: (A) Conditional/preliminary rental conversion permit (B) Conditional/preliminary non-rental conversion permit (C) Final conversion permit (D) Courtesy conversion permit (4) Conditional/preliminary permits shall indicate if the unit is tenanted and the expiration date of any applicable notice period. An owner may not seek a final conversion permit until the tenant has vacated the unit or the notice period has expired, whichever comes first. (A) Where a tenant has relinquished their right to purchase their unit pursuant to section 7-64 (d) an owner who has received a conditional/preliminary permit may sell the unit to any other purchaser prior to issuance of a final conversion permit only under the condition that the new owner takes the unit subject to the tenant’s rights under this ordinance including, but not limited to, the right to remain in their unit for the remainder of any notice period, payment of relocation expenses and the duty to find comparable housing. In order to effectuate such a sale the owner must provide to the review board and the tenant a sworn document signed by the then current and future owners stating that the purchaser stands in the shoes of the prior owner and that they must fully comply with all obligations of the owner under this ordinance. (B) If at any point a tenant or an owner believes the other has not complied with their obligations under this ordinance, they may request a hearing before the review board. The review board will notify the tenant, all other building tenants also undergoing conversion and the owner of the time and date of the hearing. The party that requested the hearing must appear and the other party may appear at such hearing and may testify.
  2. (b) Conversion permit timeline. (1) An owner may not engage in a condominium conversion eviction of a tenant or sell a unit for immediate occupancy by the purchasing owner prior to the granting of a final conversion permit by the board. (2) An owner of a unit that was occupied at the time the notice of intent was provided to the review board may request a conversion permit on a form provided by the review board no sooner than the earlier of: (A) the expiration of the notice period; (B) when the tenant vacates the premises, provided such vacation of the premises was fully knowing and voluntary; or (C) when the tenant purchases the unit. (3) An owner of a unit that was vacant at the time the notice of intent to convert was provided to the review board may request a conversion permit on a form provided by the review board at the end of any required waiting period. (4) In addition to other documentation required for a conditional/preliminary permit or a final conversion permit, an owner applying for a permit shall submit with the application a complete list of names and contact information of: (I) current tenants; (II) former tenants who vacated during the previous 12 months, if known, or reasonably discoverable in the exercise of due diligence; (III) any tenant who was evicted during the previous 12 months along with a copy of the summons and complaint; and (IV) any tenants who received a notice to quit or a notice of rent increase during the previous 12 months, with a copy of the notice to quit or the notice of rent increase. (5) A conversion permit shall be granted where all documents required by the review board have been submitted and the review board has made a determination after a hearing, of which notice has been provided to the owner and tenants as required by section 7-65(a)(2), that the requirements of sections 7-64 (a)(2) in the case of a housing accommodation have been met. Notwithstanding the above, the review board may deny a conversion permit where documentation is incomplete in any material respect. The review board may also impose reasonable conditions on the granting of a permit. The review board may deny a conversion permit where it has made a determination that any document or statement is false in any material respect. In addition, the review board, in its discretion, may deny a conversion permit if the review board finds that the owner has taken any action to circumvent the state or local condominium law, including, but not limited to, unreasonable rent increases, reduction or elimination of services, termination of tenancy without cause, or the imposition of new conditions of the tenancy. The review board may revoke a conversion permit previously granted where it makes a determination that any document or statement was false in any material respect at the time of the review board’s decision to grant the conversion permit. The review board shall have the power to require the submission of additional documentation, including without limitation, purchase and sale agreements, deeds, agreements with real estate brokers, and/or cancelled checks, if in the review board’s reasonable judgment, such documentation is necessary to ensure the fairness of its deliberations. The review board may, in its discretion, continue a hearing. A decision shall be rendered by the review board within 60 days of the close of the hearing.
  3. (c) Deed restricted affordable unit . (1) For any conversion that will include a unit that will be deed restricted for affordability, an affordable housing implementation plan (AHIP) for the affordable unit, approved at the discretion of the director of housing, must be agreed to and signed by the applicant and director of housing. (2) The review boards shall require applicants to execute and record a deed restriction limiting the sale or rental of affordable units to eligible households in perpetuity with the Middlesex South Registry of Deeds, or filed with the Land Registration Office, and submit a final AHIP to the director of housing for approval as a condition of any conversion permit approval.
  4. (d) Conversion permit expiration. (1) A conditional/preliminary conversion permit shall lapse and the owner shall reapply for a new permit subject to the then current provision of this ordinance or any successor ordinance, on the last day of the month a unit's notice period expires, or, if a unit does not have a notice period, on the last day of the month one year from date of issuance, unless a final permit has been requested on a form provided by the board. (2) A final conversion permit shall lapse by operation of law and the owner shall reapply for a new permit subject to the then current provisions of this ordinance or any successor ordinance in the case of either of the following: (A) the owner has failed to file a master deed within one year after the date on which the conversion permit has been granted; (B) the unit for which a final conversion permit has been granted has not been sold to a bona fide purchaser for fair market value in an arm's length transaction within two years after the date of the granting of said permit; (I) Where a tenant in a unit within the same housing accommodation is entitled to enhanced protections under this ordinance, an owner may extend the date by which non-entitled units within the same housing accommodations are required to be sold to be the lesser of either (i) the date the entitled unit must be sold by, or (ii) six years after the non-entitled unit receives a final permit. Owners shall notify board staff if they are seeking this extension when requesting a final permit for non-entitled unit(s). (C) When a unit is intended to be sold to family within the fourth degree of kindred but the sale is not executed within six months of the final permit being issued, or if said family member does not maintain ownership for at least two years after the sale. The owner shall submit proof of filing of the master deed and proof of sale of each unit to review board staff within thirty days of each occurrence. (D) Where a deed restriction limiting the sale or rental to eligible households is not recorded prior to the issuance of a certificate of occupancy, or a certificate of occupancy is not required, prior to the initial sale of the unit as a condominium. (3) A final conversion permit shall not lapse in the following circumstances: (A) When a unit is excluded from the two-year notice period under section 7-64 (a)(1)(B) and the unit continues to be occupied by an owner, or a non-rent paying tenant or occupant, as their primary place of residence.
Sec. 7-66. Notice to tenants given prior to date of this ordinance.

In the case of any housing accommodation for which the applicable notice required under City of Somerville Ordinance 1985-9 was given prior to the adoption of this ordinance, the period of notice shall be deemed to have commenced on the date the notice was received by the tenant .

Sec. 7-67. Condominium/cooperative review board.
  1. (a) There is hereby established a condominium/cooperative conversion review board to consist of five full members and one alternate member, all of whom shall be City of Somerville residents. The failure of a review board member to reside in Somerville shall result in automatic termination of membership. Review board members shall serve staggered terms of three years each. The review board shall include two homeowners, two tenants , and one elderly, disabled, or low- or moderate-income person , who may be either a homeowner or a tenant, and an alternate who may be either a homeowner or a tenant and who shall serve as needed.
  2. (b) Review board members shall be appointed by the mayor , subject to confirmation by the city council . For good cause shown, a review board member may be removed by the mayor prior to the expiration of such member’s term of office. Members of the review board shall receive such annual compensation as the mayor shall propose and the city council shall approve.
  3. (c) The review board shall have the power to enforce the provisions of this ordinance and shall be responsible for promulgating such rules, policies, and procedures as it may deem advisable in furtherance of its purposes. The review board may adopt such rules, policies, and procedures by majority vote. Without limiting the generality of the foregoing, the review board shall be responsible for conducting hearings and granting or denying conversion permits. The review board and its staff shall also be responsible for developing administrative forms and procedures.
  4. (d) Review board members shall be deemed public employees for purposes of G.L. c. 258. Review board members shall be deemed special municipal employees for purposes of G.L. c. 268A.
Sec. 7-68. Effective date.

This ordinance shall take effect on July 31, 2019. The amendments to Section 7-64(a)(1), 7-64(e), and Section 7-65(d)(3)(A), increasing notice periods and relocation payment amounts, shall be effective as of October 1, 2025.

Sec. 7-69. Severability.

In the event that the court determines that Chapter 218 of the Acts and Resolves of 1985 does not remain in full force and effect, or that the City of Somerville is otherwise prohibited from regulating dwellings with less than four units , it is the intent of this ordinance to regulate four or more units in the same manner as set forth in this ordinance, to the extent permitted by state law. Furthermore, in the event that the court determines that Chapter 218 of the Acts and Resolves of 1985 does not remain in full force and effect, it is the intent of this ordinance to provide any tenant protections to the extent permitted by state law. Otherwise, it is hereby declared to be the intention of this ordinance that the sections, paragraphs, sentences, clauses and phrases of these ordinances are severable, and if any phrase, clause, sentence, paragraph or section of these ordinances, shall be declared invalid by the valid judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of these ordinances, since the same would have been enacted without the incorporation in these ordinances of any such invalid phrase, clause, sentence, paragraph, or section.

Sec. 7-70. Annual reporting.

The review board shall submit an annual report to the city council which provides comprehensive data and other documentation on the development of conversion condominiums in the city and the implementation of this ordinance.

Sec. 7-71. Penalties for violation.

Any person who violates a provision of this ordinance which is promulgated pursuant to St. 1983, c. 527, shall be punished by a fine of not less than $1,000.00. Each violation of any provision shall constitute a separate offense. In the alternative, any person who violates this ordinance shall be punished by a fine in accordance with the provisions of section 1-11 of the Code of Ordinances. Nothing in this ordinance shall preclude a tenant from seeking civil remedies for violation of this ordinance as permitted by law.

Any violation of this ordinance by an owner shall not affect the validity of a conveyance of a condominium unit or an interest in a housing cooperative to a purchaser for value who has no knowledge of the violation.

The Somerville District Court, Eastern Division of the Housing Court, and the Middlesex Superior Court shall have jurisdiction over an action arising from any violation of this ordinance and shall have jurisdiction in equity to restrain or remedy any such violation. The city shall be entitled to initiate such actions.

Secs. 7-72-7-90. Reserved.
ARTICLE V. SOMERVILLE MUNICIPAL AFFORDABLE HOUSING TRUST FUND*
Sec. 7-91. Creation of trust/purpose.

In accordance with Chapter 491 of the Acts of 2004, which the City of Somerville has accepted in accordance with Mass. General Laws , c. 4, §4, by Order No. 178184 dated March 24, 2005, there is hereby established a trust to be known as the Somerville Municipal Affordable Housing Trust Fund (the “trust”). The purpose of the Trust is to provide for the creation and preservation of affordable housing in the City of Somerville, for the benefit of low and moderate income households.

Sec. 7-92. Board of trustees.

There is hereby established a board of trustees (the “board”), which shall include no fewer than five and no more than nine trustees, including ex officio those persons who are serving from time to time in the following capacities: the Mayor of Somerville or designee; the President of the Somerville City Council or designee; and the Executive Director of the Somerville Housing Authority or designee. Those members of the board who are not serving in an ex officio capacity shall be appointed by the mayor and are designated as public agents for purposes of the constitution of the commonwealth .

Sec. 7-93. Powers of trustees.

In addition to the powers expressly enumerated in Chapter 491 of the Acts of 2004, as it may be amended from time to time, the board shall have the power to make grants and loans upon such terms, as the board shall, in its sole discretion, deem advisable. The board shall exercise its powers in furtherance of the purposes of said Chapter 491 and this article.

Sec. 7-94. No necessity for appropriation of monies.

Notwithstanding any provisions of any general or special law to the contrary, all monies paid to the trust in accordance with any zoning ordinance or by-law, exaction fee, or private contributions, shall be paid directly to the trust, and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property; and to be expended, these funds do not need to be further appropriated. All monies remaining in the trust at the end of any fiscal year, whether or not expended by the board within one year of the date they were appropriated into the trust, remain trust property.

Sec. 7-95. Public employees.

The trust is a public employer and the members of the board are public employees for purposes of M.G.L. c. 258.

Sec. 7-96. Special municipal employees.

The trust shall be deemed a municipal agency and the trustees special municipal employees, for purposes of M.G.L. c. 268A.

Sec. 7-97. Tax exemption.

The trust is exempt from the provisions of M.G.L. c. 59 and c. 62 and from any other provisions concerning the payment of taxes based upon or measured by property or income imposed by the commonwealth of any political subdivision thereof.

Sec. 7-98. Annual audit.

The books and records of the trust shall be audited annually by an independent auditor in accordance with accepted accounting practices.

Sec. 7-99. Filing with city clerk.

The declaration of trust, which establishes and controls the trust fund, shall be filed in the office of the city clerk.

Sec. 7-100. Governmental body.

The trust is a governmental body for purposes of M.G.L. c. 39, §§ 23A, 23B, and 23C.

Sec. 7-101. City board.

The trust is a board of the city for purposes of M.G.L. c. 30B and M.G.L. c. 40, § 15A, provided that M.G.L. c. 30B procedures need not be followed in the making of grants and loans to nonprofit organizations for the purposes of providing affordable housing, but only in the procurement of goods and services on behalf of the trust.

Sec. 7-102. Ratification.

Notwithstanding the provisions of any general or special law to the contrary, all actions which caused monies or property to be placed, pursuant to provisions of the Somerville Zoning Ordinance, in the Somerville Affordable Housing Trust Fund established by Ordinance No. 1989-3 and Declaration of Trust dated June 8, 1989 as amended, and all actions of the board pursuant to said ordinance and declaration of trust as amended are hereby ratified, validated, and confirmed insofar as any of these actions may have been invalid by reason of the prior invalidity of said ordinance, declaration of trust as amended, or procedures followed by the board. This provision shall be deemed severable if determined to be invalid by a court of law, and its invalidity shall have no effect on the validity of the rest of the ordinance.

Secs. 7-103-7-130. Reserved.
ARTICLE VI. PROCEDURE FOR REASONABLE ACCOMMODATION IN THE CITY'S LAND USE AND ZONING AND BUILDING REGULATIONS PURSUANT TO FAIR HOUSING LAWS
Sec. 7-131. Purpose.

It is the policy of the jurisdiction, pursuant to the federal Fair Housing Amendments Act of 1988 and the Massachusetts Fair Housing Act, G.L. Chapter 151B (hereafter “fair housing laws”), to provide individuals with disabilities reasonable accommodation in rules, policies, practices and procedures to ensure equal access to housing and facilitate the development of housing for individuals with disabilities. This article establishes a procedure for making requests for reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures of the jurisdiction to comply fully with the intent and purpose of fair housing laws.

Sec. 7-132. Findings.

The city council finds:

The federal Fair Housing Amendments Act of 1988 and Massachusetts Fair Housing Act, G.L. Chapter 151B impose an affirmative duty on local governments to make reasonable accommodation in their land use and zoning regulations and practices when such accommodation may be necessary to afford individuals with disabilities an equal opportunity to housing;

  1. (a) The office of strategic planning and community development must identify and develop a plan for removing governmental constraints to housing for individuals with disabilities including local land use and zoning constraints or providing reasonable accommodation;
  2. (b) A fair housing reasonable accommodation procedure for individuals with disabilities and developers of housing for individuals with disabilities to seek relief in the application of land use, zoning and building regulations, policies, practices and procedures will further the jurisdiction’s compliance with federal and state fair housing laws and provide greater opportunities for the development of critically needed housing for individuals with disabilities.
Sec. 7-133. Applicability.

Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use and zoning and building regulations, policies, practices and procedures, or even waiving certain requirements, when it is necessary to eliminate barriers to housing opportunities.

In accordance with 42 United States Code Section 3602, an individual with a disability is someone who has a physical or mental impairment that limits one or more major life activities; anyone who is regarded as having such impairment; or anyone with a record of such impairment, pursuant to 24 Code of Federal Regulations Section 100.201.

A request for reasonable accommodation may be made by any individual with a disability, his or her representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure acts as a barrier to fair housing opportunities.

Sec. 7-134. Notice to the public of availability of accommodation process.

Notice of the availability of reasonable accommodation shall be prominently displayed at the office of strategic planning and community development, advising the public of the availability of the procedure for eligible individuals. Forms for requesting reasonable accommodation shall be available to the public in the office of strategic planning and community development.

Sec. 7-135. Requesting reasonable accommodation.
  1. (a) In order to make housing available to an individual with a disability, any eligible person as defined in section 7-133 may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedures.
  2. (b) Requests for reasonable accommodation shall be in writing and provide the following information: (1) Name, address and telephone number of the individual(s) requesting reasonable accommodation; (2) Name and address of the property owner (s); (3) Address of the property for which accommodation is requested; (4) The current actual use of the property; (5) The basis for the claim that the individual is considered disabled under the Acts; (6) Description of the requested accommodation and the regulation(s), policy or procedure for which accommodation is sought; (7) Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling; (8) Copies of memoranda, correspondence, pictures, plans or background information reasonably necessary to reach a decision regarding the need for the accommodation; and (9) Other supportive information deemed necessary by the office of strategic planning and community development to facilitate proper consideration of the request, consistent with fair housing laws.
  3. (c) A request for reasonable accommodation in regulations, policies, practices and procedures may be filed at any time that the accommodation may be necessary to ensure equal access to housing. A reasonable accommodation does not affect an individual’s obligations to comply with other applicable regulations not at issue in the requested accommodation.
  4. (d) If an individual needs assistance in making the request for reasonable accommodation, the office of strategic planning and community development will provide assistance to ensure that the process is accessible.
Sec. 7-136. Reviewing authority.
  1. (a) Requests for reasonable accommodation shall be reviewed by the office of strategic planning and community development using the criteria set forth in section 7-137 .
  2. (b) The office of strategic planning and community development shall issue a written decision on a request for reasonable accommodation within 30 days of the date of the application and may either grant, grant with modifications, or deny a request for reasonable accommodation in accordance with the required findings set forth in section 7-137 .
  3. (c) If necessary to reach a determination on the request for reasonable accommodation, the office of strategic planning and community development may request further information from the applicant consistent with fair housing laws, specifying in detail the information that is required. In the event that a request for additional information is made, the 30-day period to issue a decision is stayed until the applicant responds to the request.
Sec. 7-137. Required findings.

The written decision to grant, grant with modifications, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following factors:

  1. (a) Whether the housing, which is the subject of the request for reasonable accommodation, will be used by an individual with disabilities protected under fair housing laws;
  2. (b) Whether the requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;
  3. (c) Whether the requested accommodation would impose an undue financial or administrative burden on the jurisdiction and;
  4. (d) Whether the requested accommodation would require a fundamental alteration in the nature of the jurisdiction’s land use and zoning or building program.
Sec. 7-138. Written decision on the request for reasonable accommodation.
  1. (a) The written decision on the request for reasonable accommodation shall explain in detail the basis of the decision, including the office of strategic planning and community development’s findings on the criteria set forth in section 7-137 . All written decisions shall give notice of the applicant’s right to appeal and to request reasonable accommodation in the appeals process as set forth below. The notice of decision shall be sent to the applicant by certified mail.
  2. (b) The written decision of the office of strategic planning and community development shall be final unless an applicant appeals it to the zoning board of appeals.
  3. (c) While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property that is the subject of the request shall remain in full force and effect.
Sec. 7-139. Appeals.
  1. (a) Within 30 days of the date of the office of strategic planning and community development’s written decision, an applicant may appeal an adverse decision. Appeals from the adverse decision shall be made in writing.
  2. (b) If an individual needs assistance in filing an appeal on an adverse decision, the zoning board of appeals will provide assistance to ensure that the appeals process is accessible.
  3. (c) All appeals shall contain a statement of the grounds for the appeal.
  4. (d) Nothing in this procedure shall preclude an aggrieved individual from seeking any other state or federal remedy available.
Sec. 7-140. Fee.

The fee for an application for reasonable accommodation shall be established by the office of strategic planning and community development.

Sec. 7-141. Other requirements.
  1. (a) An approved request for reasonable accommodation is subject to the applicant’s compliance with all other applicable zoning regulations.
  2. (b) A modification approved under this chapter is considered a personal accommodation for the individual applicant and does not run with the land.
  3. (c) Where appropriate, the office of strategic planning and community development may condition its approval on any or all of the following: (1) Inspection of the property periodically, as specified, to verify compliance with this section and any conditions of approval; (2) Removal of the improvements, where removal would not constitute an unreasonable financial burden, when the need for which the accommodation was granted no longer exists; (3) Time limits and/or expiration of the approval if the need for which the accommodation was granted no longer exists; (4) Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists; (5) Measures to reduce the impact on surrounding uses; (6) Measures in consideration of the physical attributes of the property and structures; (7) Other reasonable accommodations that may provide an equivalent level of benefit and/or that will not result in an encroachment into required setbacks, exceedance of maximum height, lot coverage or floor area ratio requirements specified for the zone district; and (8) Other conditions necessary to protect the public health, safety and welfare.
Secs. 7-142-7-150. Reserved.
ARTICLE VII. UNIVERSITY ACCOUNTABILITY
Sec. 7-151. Definitions.

Unless specifically indicated otherwise, these definitions shall apply and control in this article.

Campus means any real property owned by a school.

City means the City of Somerville.

Directory means the compilation of names, addresses, telephone numbers, statuses, and expected graduation dates gathered by a school in compliance with these sections.

School means any post-secondary educational institution that provides individuals with a degree or certification upon completion of a curriculum and owns or leases property within the city that houses students at that school.

Student means any person who is enrolled in the school, whether full-time or part-time.

Sec. 7-152. Purpose.

Many students live within the campuses of their respective universities and colleges. These students receive the benefit of their school's security or campus police services in addition to the city's police services. Because the schools know where their on-campus students live, the schools are better positioned to provide the security and regulation enforcement services necessary to protect students and property in these on-campus regions.

Many other students, however, live outside the campuses of their respective universities and colleges. When schools do not know where their off-campus students live, it is more difficult to assess and satisfy off-campus security and regulatory enforcement needs. Therefore, it is essential for schools within the city to collect and maintain records of the locally residing off- campus student population to better assist the city in its provision of security and regulatory enforcement services for residents of the city.

Sec. 7-153. Collection of records - Directory.

Each and every school in any part of the city shall collect and maintain a directory of the names, complete addresses, statuses (i.e. undergraduate or graduate, part-time or full time), expected graduation dates, and telephone numbers of all students enrolled at the school. In addition, the school shall collect and maintain a list of all properties currently owned, leased, rented, or operated by the school for use as students’ residences. The addresses and telephone numbers collected for the purposes of these sections must reflect where the student actually resides locally and at what phone number the student can be reached for the period in which the student resides in the city.

Each and every school shall collect the required directory information no less than twice each calendar year such that any school on a semester system shall collect and update the required directory information no later than 30 calendar days following the first day of each semester, and any school on a quarterly system shall collect and update the required directory information no later than 30 calendar days following the first day of the first quarter of each academic year, and every alternating quarter of the academic year thereafter.

Upon collection, all information collected for the directory shall be organized and maintained by the school in such a way that the required information is easily accessible and understandable to any authorized school official.

All schools shall be responsible for publicizing to their students the limitations of the city’s zoning ordinance which limits occupancy to not more than four unrelated individuals.

Sec. 7-154. Report and statistics supplied to the city.

Each and every school shall supply a report with required statistics to the city . This report shall be based on the most current information in the directory . The information in the report shall be compiled by the school within 45 calendar days of the beginning of each semester or quarter that information is gathered. The report required by this section shall include, but not be limited to:

  1. (a) The total number of students enrolled at the school as of the date of collection of the directory information;
  2. (b) The total number of students enrolled at the school as of the date of collection of the directory information that reside on the campus of the school;
  3. (c) The total number of students enrolled at the school as of the date of collection of the directory information that reside off the campus of the school in the city;
  4. (d) An anonymous breakdown of the number of students enrolled at the school as of the date of collection of the directory information that reside off the campus of the school, organized by address and unit number, and also including ZIP code, student status (i.e. undergraduate or graduate, part-time or full-time) and expected graduation date; the breakdown shall further include, from the following list, the type of off-campus housing each student resides in: (1) Property owned, leased, rented, or operated by the school; (2) The home of a family member; or (3) Other private housing; and
  5. (e) A complete list of the addresses of all properties currently owned, leased, rented, or operated by the school at which students are housed.

Each and every school shall forward within 45 calendar days of the beginning of each semester or quarter that information is gathered the report required by this section to the clerk of the city and the clerk shall forward the report to the mayor of the city and the superintendent of the office of inspectional services. The clerk also shall docket the report and include the docket on the agenda of the next-occurring meeting of the city council . The failure or refusal of a school to forward the report shall be deemed an event of non-compliance with the provisions of these sections.

Sec. 7-155. Violations.

It is unlawful for any school to fail to comply with the requirements of this section. The provisions of this section may be enforced by the superintendent of inspectional services by a noncriminal disposition pursuant to G.L. c. 40, § 21D. Each violation of a provision of this section is a separate and distinct offense, and in a case of a continuing violation, each day that a violation continues constitutes a separate offense. Any school violating any provision of this section shall be punished in accordance with section 1-11 of this Code. The imposition of penalties herein prescribed shall not preclude the city from instituting other remedies to abate violations of this article as permitted by law.

Secs. 7-156-7-189. Reserved.
ARTICLE VIII. SOMERVILLE MUNICIPAL JOB CREATION AND RETENTION TRUST FUND*
Sec. 7-190. Creation of trust/purpose.

In accordance with Chapter 199 of the Acts of 2016, there is hereby established a trust to be known as the Somerville Municipal Job Creation and Retention Trust Fund (the "trust"). The purpose of the Trust is to assist in the creation and maintenance of employment opportunities within the City of Somerville for the citizens of the City of Somerville.

Sec. 7-191. Board of trustees.

The board of trustees shall be composed of the following representatives:

Those members of the board who are not serving in an ex officio capacity shall be appointed by the mayor, subject to the confirmation of the city council, and are designated as public agents for purposes of the constitution of the commonwealth . In order to stagger the terms of the non-ex-officio members, the initial appointments of one of the two representatives of the workforce development non-profit members, one of the two Somerville residents, and one of the two representatives of the Somerville local businesses shall be for two years. A vacancy in any of the non-ex-officio members appointed shall be filled by the mayor, subject to city council approval.

Sec. 7-192. Powers of trustees.

The trustees shall have all of the powers expressly enumerated in Chapter 199 of the Acts of 2016, as it may be amended from time to time, and shall have the power to make grants and loans upon such terms, as the board shall, in its sole discretion, deem advisable.

Sec. 7-193. No necessity for appropriation of monies.

Notwithstanding any provisions of any general or special law to the contrary, all monies paid to the trust in accordance with any zoning ordinance or by-law, exaction fee, or private contributions, shall be paid directly to the trust, and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property; and to be expended, these funds do not need to be further appropriated. All monies remaining in the trust at the end of any fiscal year, whether or not expended by the board within one year of the date they were appropriated into the trust, remain trust property.

Sec. 7-194. Public employees.

The trust is a public employer and the members of the board are public employees for purposes of M.G.L. c. 258.

Sec. 7-195. Special municipal employees.

The trust shall be deemed a municipal agency and the trustees special municipal employees, for purposes of M.G.L. c. 268A.

Sec. 7-196. Tax exemption.

The trust is exempt from the provisions of M.G.L. c. 59 and c. 62 and from any other provisions concerning the payment of taxes based upon or measured by property or income imposed by the commonwealth of any political subdivision thereof.

Sec. 7-197. Annual audit.

The books and records of the trust shall be audited annually by an independent auditor in accordance with accepted accounting practices.

Sec. 7-198. Filing with city clerk.

The declaration of trust, which establishes and controls the trust fund, shall be filed in the office of the city clerk.

Sec. 7-199. Governmental body.

The trust is a governmental body for purposes of M.G.L. c. 39, §§ 23A, 23B, and 23C.

Sec. 7-200. City board.

The trust is a board of the city for purposes of M.G.L. c. 30B and M.G.L. c. 40, § 15A, provided that M.G.L. c. 30B procedures need not be followed in the making of grants and loans to nonprofit organizations for the purposes of furthering the purpose of the trust, but only in the procurement of goods and services on behalf of the trust.

Secs. 7-201-7-219. Reserved.
ARTICLE IX. NEIGHBORHOOD COUNCIL RECOGNITION POLICY AND COMMUNITY BENEFITS
Sec. 7-220. Purpose and definitions.
  1. (a) The purpose of this article is to: (1) Promote improved communications between neighborhood councils and city government by providing a standardized recognition policy; (2) Encourage widened public engagement with city government, especially land use decisions, by facilitating the formation of neighborhood councils; (3) Assist with meeting the varied needs of diverse communities, while not limiting the rights of any other person , including non-recognized neighborhood groups, to offer their input on the city’s decision-making processes; and, (4) Facilitate a transparent community benefits negotiation process for development projects within neighborhoods represented by a recognized neighborhood council .
  2. (b) Definitions.

Community benefits shall mean the provision of programs or services that directly benefit Somerville residents including but not limited to human services, the arts, cultural enrichment, sustainability measures, public health, establishment and sustainment of community centers, preventing and mitigating commercial and residential displacement, housing, educational programs focused on science, technology, engineering, and other areas of community enrichment.

Community benefits agreement shall mean a written agreement negotiated by and between a recognized neighborhood council and a developer to mitigate development impacts in a specific neighborhood arising from such developer’s project. A community benefits agreement may include a commitment to provide or fund one or more community benefits.

Community benefits funds shall mean monies offered to and received by the city in connection with any agreements entered into with the city or otherwise by which funds are given to and held by the city to be expended for community benefits and other related purposes.

Community benefits stabilization fund shall mean any fund created for the specific purpose of funding community benefits and other related programs. Such fund shall be created by the city council pursuant to G.L. c. 40, § 5 and any expenditures therefrom shall be appropriated in accordance therewith. Funds allocated to mitigate development impacts in a specific neighborhood shall be deposited into a neighborhood-specific community benefits stabilization fund sub-account.

Neighborhood council shall mean a voluntary organization, council, or association formed by property owners, residents, worker and/or tenants within a specified geographic boundary within the city and governed by a set of written bylaws.

Recognized neighborhood council shall mean a neighborhood council that meets the criteria set forth in section 7-221 and has been recognized by the city council according to the process set forth in section 7-222 .

Sec. 7-221. Recognition qualifications.

In order to be recognized, a neighborhood council shall:

  1. (a) Be an open, inclusive, and duly democratic non-profit organization. A neighborhood council will be deemed to satisfy this standard when they meet the following criteria; (1) The geographic boundaries of a recognized neighborhood council shall be reasonable and a description and map of the neighborhood included within the bylaws. a. The boundaries of separate neighborhood councils should not encompass materially the same area, provided, however, that some overlap of boundaries between separate neighborhood councils may exist. The creation of distinct neighborhood councils for subregions of an existing recognized neighborhood council may be appropriate, at the discretion of the city council . b. The recognition of a neighborhood council does not preclude individuals or other organizations from advocating for their interests or the interests of their community. (2) Membership shall be open to all persons who reside within the boundaries of the neighborhood, or own a place of business or work or attend school within the boundaries of the neighborhood. Membership shall not be limited by race, creed, religion, color, gender identity, sexual orientation, relationship status, age, heritage, national origin, or income. a. A neighborhood council shall make a good faith effort to have its membership distributed throughout the neighborhood, and all members must be allowed to stand for election to hold any officer position within the council. b. These requirements shall not preclude a neighborhood council from, at their discretion, expanding their membership criteria to include other groups with close connections to the neighborhood. (3) The bylaws shall expressly identify the process of succession when an officer steps down voluntarily or is removed, and how vacant positions will be filled. (4) The bylaws shall clearly identify how membership and voting rights are established. Only those persons within the boundaries of the neighborhood who have affirmatively joined the council may be counted as members. a. Payment of dues may not be a prerequisite of membership or voting rights in the council. (5) The council shall hold at least one regularly scheduled meeting of the general membership per year and shall make good faith efforts to provide notice of all meetings two weeks in advance to all households and businesses within its boundaries, to encourage the fullest participation reasonably possible. Notice may be accomplished through two or more of the following: a. U.S. Mail; b. Delivered or posted flyers; c. Website or social media posting; or, d. E-mail, text message, direct message through social media, or other form of electronic messages delivered to the last known contact address of each member. (6) The council shall not hold a vote of the general membership on any question or candidate(s) unless it is advertised through the methods described in subsection (a)(5) above, at least seven days in advance. (7) Should a review of the council’s bylaws by its membership result in changes to the election process, organizational structure, or communication processes, the updated bylaws shall be resubmitted to the city council within 60 days of any vote by the membership to accept the revisions. (8) The bylaws shall identify an orderly and democratic process for decision making. a. If or when voting occurs by paper ballot or electronic means, results shall be tallied by a committee consisting of two or more members of the council and reported to councilmembers in writing , either electronically or hard copy.
  2. (b) Be organized with a corporate purpose to maintain and improve the health, safety and welfare of all residents within the neighborhood council's boundaries, with special attention given to the members of the community for whom quality of life and permanence in the community may be harder to attain, including environmental justice populations and residents facing mobility, age and/or other personal and family challenges;
  3. (c) Observe all laws, regulations, and ethical standards adopted by the neighborhood council, including recusal of any member who may have a direct or indirect conflict of interest, whether personal, financial, or organizational.
  4. (d) Submit to the city council an annual report, within 30 days of May 1st of each year subsequent to recognition, containing, at minimum: (1) The number of members for the previous year; (2) Two designated individuals who shall receive notices from the city , with at least two methods of contact for each, including e-mail address, phone number, or mailing addresses; (3) Names, addresses, e-mail addresses, and phone numbers, where available, of current officers and/or board members; (4) A current copy of the bylaws or statement confirming there have been no changes to the bylaws since the last annual report; and (5) The dates of all meetings in the previous year.
Sec. 7-222. Recognition process.

At such time as a neighborhood council seeks to be recognized, it shall submit to the city council the following:

  1. (a) Copies of all organizational documents, including records of votes;
  2. (b) A list of its elected board members that may include information about the connections to the neighborhood of those members;
  3. (c) A map delineating the neighborhood represented by the neighborhood council;
  4. (d) Such other materials evidencing the council's commitment to the principles of inclusivity, transparency, and participatory democracy, including its efforts to seek out and listen to a broad array of community opinions with regards to policy and practices that may affect the neighborhood and its residents and businesses;
  5. (e) Affidavits, signed by each neighborhood council board member covenanting that each signatory shall observe all laws, regulations, and ethical standards adopted by the neighborhood council, including recusal of any member who may have a conflict of interest, whether personal, financial, or organizational, in the performance of their duties. Each signatory shall acknowledge that f ailure to observe such laws, regulations, and standards may result in revocation of the council's recognition.

Upon receipt of such filings, the city council may hold a public hearing to consider the council's request for recognition. The city council shall approve the council's request for recognition by a 2/3 vote after reviewing all submissions of the council and any testimony, oral and written , from the public hearing. Upon a favorable vote, the city council shall communicate the council's recognition to the mayor and to the council's officers.

Sec. 7-223. Revocation of recognition.

The city council may also revoke by a 2/3 vote a neighborhood council's recognition, after notice and a public hearing, for good cause as determined by the city council based upon evidence presented including, without limitation, receipt of written allegations of:

  1. (a) A failure to comply with the requirements of section 7-221 , above, or a failure to act in accordance with the neighborhood council's own organizational documents. 1. Any neighborhood council recognized prior to April 13, 2023 shall not be subject to revocation of their recognition for failure to comply with the requirements of section 7-221 unless, within 60 days of their regularly scheduled annual meeting of the general membership in the following calendar year, they fail to provide evidence in their annual report of a good faith effort to attain compliance with the requirements of section 7-221 .
Sec. 7-224. Responsibilities of recognized neighborhood councils.
  1. (a) Recognized neighborhood councils shall: (1) Establish and follow clear methods to prepare the neighborhood council's position on pertinent issues of concern. When a recognized neighborhood council presents its official position on an issue, it shall be prepared to identify the methods used to prepare the position, such as a poll or vote of the general membership, or a decision by the elected board of the council ratified by the members. (2) Make special efforts to seek out and listen to a broad array of community opinions with regards to policy and practices that may affect the neighborhood and its residents. (3) Encourage their members, local residents, businesses, and stakeholders to engage in the land use planning and public decision making processes that impact the environment and community welfare. (4) Make efforts to foster communication between the recognized neighborhood council and city government on plans, proposals, and activities affecting their area. (5) Use best efforts to inform members and others in their neighborhood council boundary of current issues, and to inform themselves of the needs and desires of the neighborhood. (6) Strive for productive resolution of conflicts between residents of the neighborhood and proponents of development projects including, but not limited to, through the negotiation of community benefits agreements .
  2. (b) In addition to the above responsibilities, a recognized neighborhood council may: (1) Submit to the city proposed ideas and request for projects or activities needed in their neighborhood areas. (2) Designate representatives to appear before the city council at public hearings, or subject to sponsorship by a city councilor, on matters that affect their area.
Sec. 7-225. Community benefits agreement negotiation.
  1. (a) A recognized neighborhood council may negotiate a community benefits agreement with a developer whose project, or a combination or series of projects, significantly impacts the area within the council's boundaries.
  2. (b) In the event that a development project impacts an area that falls within the boundaries of two or more recognized neighborhood councils, the affected councils shall work as a unit to represent their areas in the negotiation of a community benefits agreement.
Sec. 7-226. Community benefits stabilization fund.

There is hereby created a community benefits stabilization fund , into which all monies received by the city for the purpose of funding community benefits shall be deposited. Funds to be expended for the benefit for a particular neighborhood shall be held in a neighborhood-specific sub-fund. Any expenditure from such community benefits stabilization fund or sub-fund shall be appropriated by vote of the city council.

Secs. 7-227-7-249. Reserved.
ARTICLE X. SHORT-TERM RENTALS
Sec. 7-250. Purpose.

This article “short-term rentals” is intended to set forth regulations through which certain dwelling units within the City of Somerville may be utilized as short-term rental units. This regulation is designed to allow for the operation of such rentals for Somerville residents, protect the safety of renters and residents, ensure the primary use of such rentals remains residential, and ensure that the operation of such short-term rentals does not create a safety concern or detriment to the surrounding residential neighborhood.

Sec. 7-251. Definitions.

Autonomous unit . A residential unit that is the operator’s primary residence and being offered in its entirety as a short-term rental. The operator is not staying in the unit during the term of said rental.

Booking agent . Any person or entity that facilitates reservations of or collects payment for a short-term rental on behalf of or for an operator.

Director . The director of the inspectional services department (“ISD”) or his or her designee.

Operator . A natural person who is the owner, or lessee of the owner, of a residential unit that seeks to offer said residential unit as a short-term rental.

Primary residence . A residential unit in which an operator resides for at least nine months out of a 12-month period. Primary residence shall be demonstrated by showing that as of the date of applying for registration or renewal as a short-term rental, the operator has resided in said residential unit for nine of the past 12 months or that the operator intends to reside in the residential unit for nine of the next 12 months, in accordance with the proof of primary residence requirements set forth below.

Proof of primary residence . A copy of the deed (if owner) or lease (if tenant), driver’s license or state issued identification, as well as one other document showing residency at the residential unit for the short-term rental, such as: utility bill, cable bill, or motor vehicle registration.

Residential unit . A dwelling unit within a dwelling classified under the Building Code (“Code”) as residential use, as those terms are defined in the Code, but excluding: a congregate living complex, elderly housing, group residence, homeless shelter, orphanage, temporary dwelling structure, and transitional housing. This term shall not include a hotel, motel or any other non-residential use.

Shared unit . A residential unit that is the operator’s primary residence and only a portion of the unit is being offered as a short-term rental. The operator shall be staying in the unit during the term of said rental.

Short-term rental . The rental of a residential unit for its intended purpose, in exchange for payment as residential accommodations for a duration of fewer than 28 consecutive days. Such a rental may or may not be facilitated through the use of a booking agent.

Sec. 7-252. Applicability.

No residential unit shall be offered as a short-term rental except in compliance with each of the provisions of this article.

Sec. 7-253. Requirements for the operation of short-term rentals.
  1. (a) Registration requirement . All short-term rentals shall require a certificate of registration from ISD prior to short-term rental operation unless otherwise allowed in this article.
  2. (b) Operator’s primary residence . A residential unit offered as a short-term rental shall be the operator’s primary residence.
  3. (c) One party of renters . A residential unit offered as a short-term rental shall be rented to only one party of short-term renters at a time, not rented as separate bedrooms, beds, or spaces to separate parties.
  4. (d) Number of short-term renters . A residential unit offered as a short-term rental shall be limited to ten guests, or two guests per guest bedroom, whichever is fewer.
  5. (e) One listing per booking agent . A residential unit offered as a short-term rental shall not have more than one listing per booking agent associated with it.
  6. (f) A residential unit offered as a short-term rental shall comply with all standards and regulations promulgated by the director .
  7. (g) Short-term rental of a shared unit . An operator may offer a shared unit as a short-term rental 365 days per year. One bedroom in the unit shall be reserved for, and occupied by, the operator during the entire term of the rental.
  8. (h) Short-term rental of an autonomous unit . Short-term rentals shall not exceed in the aggregate, 90 consecutive or nonconsecutive calendar days per year for autonomous units.
  9. (i) Rental period and use . Renting for an hourly rate, or for rental durations of fewer than ten consecutive hours shall not be permitted. Commercial meetings and uses are prohibited in short-term rentals.
  10. (j) No outstanding violations . The residential unit offered as a short-term rental shall not have any outstanding building, sanitary, zoning, or fire code violations, orders of abatement, or stop work orders, or other requirements, laws, or regulations that prohibit the operator from offering the residential unit as a short-term rental. If a violation or other order is issued after a certificate of registration is issued, upon notice of said violation or order, the director shall suspend the registration until the violation has been cured or otherwise resolved.
  11. (k) Three or more violations in a six month period . Should a property receive three or more violations within a six month period under this section, or of any municipal ordinance, state law, or building code, any residential unit within the property shall be ineligible to be used as a short term rental for a period of six months from the third or subsequent violation. If a certificate of registration has been issued, it shall be suspended for the remainder of its term, or for six months, whichever is greater.
  12. (l) Compliance and interaction with other laws . Operators shall comply with all applicable federal, state, and local laws and codes, including but not limited to the Fair Housing Act, G.L. c. 151B and local equivalents and regulations related thereto, and all other regulations applicable to residential dwellings.
  13. (m) Retention of records . The operator shall retain and make available to ISD, upon written request, records to demonstrate compliance with this section, including but not limited to: records demonstrating the number of months that the operator has resided or will reside in residential unit, if applicable; records showing consent of the owner of the residential unit to the residential unit's use as a short-term rental, if applicable; and records demonstrating number of days per year that the residential unit is offered as a short-term rental. The operator shall retain such records for as long as they desire to use the residential unit as a short-term rental.
  14. (n) Notifications . The operator shall post and maintain a sign on the inside of the short-term rental on the entry level, visible to and reasonably likely to be readily accessed by individuals utilizing the short-term rental, with the following information: (1) Instructions for the disposal of waste per the city’s recycling and trash programs; (2) Information regarding the city’s parking regulations, including but not limited to visitor parking passes, street sweeping, and snow emergencies; (3) The local noise ordinances of the city ; (4) Contact information for the operator, or when the operator is not present, the contact information for a locally available contact designated to respond to all emergencies and problems that may arise during the rental period; (5) The certificate of registration issued by ISD.
  15. (o) Registration number in listing . The operator shall include the registration number issued by ISD on any listing offering the residential unit as a short-term rental.
  16. (p) Link to listings . An operator who is issued a certificate of registration shall provide a link to the corresponding short-term-rental listing(s) to ISD.
Sec. 7-254. Registration.
  1. (a) Applying for registration and renewals . An operator shall file an application for registration or registration renewal with ISD online on a form prescribed by ISD. The registration process will be administered by ISD, and subject to change as determined by ISD.
  2. (b) Required information . At the time of application operators shall provide information to ISD that includes the following: (1) Address of residential unit to be offered as a short-term rental ; (2) Operator and owner name and contact information; (3) Whether the residential unit is being offered as a shared unit , or a autonomous unit ; (4) Name and contact information of an individual who is able to respond in person to any issues or emergencies that arise during the short-term rental within two hours of being notified. Contact information must include a telephone number that is active 24 hours per day to tenants , short-term rental occupants, and public safety agencies; and (5) Other information as may be required by ISD.
  3. (c) Required documentation . At the time of application, operators shall provide ISD with the following documentation: (1) Proof of primary residence at the residential unit to be offered as a short-term rental; (2) Completed and signed owner approval, if the owner is not the operator, as well as acceptance of responsibility documentation on forms as provided by ISD; (3) Certificate of registration with the Massachusetts Department of Revenue for the operator and residential unit to be used as a short-term rental; (4) Proof of sufficient insurance; and (5) Other documentation as may be required by ISD.
  4. (d) Fee . At the time of application for registration or renewal, Operators shall submit the applicable fee of $250.00 as set forth by the Council.
  5. (e) Pre-certificate inspection and verification . Prior to issuing or renewing a certificate of registration, ISD shall conduct an inspection and verify the accuracy of the information contained in the application and confirm that each residential unit being offered as a short-term rental meets this article and minimum safety requirements.
  6. (f) Certificate of registration . A certificate of registration shall be issued or renewed to an operator for a residential unit being offered as a short-term rental that meets all requirements of this article. Certificates shall bear a registration number.
  7. (g) Term of certificate . (1) Expiration . A certificate shall expire the following March 31st of when it is issued, unless it is renewed during the renewal period. (2) Renewal period . Operators may apply for renewals of their existing valid certificates starting on the February 1st prior to its March 31st expiration. Certificates that are issued renewals during this period will expire the subsequent March 31st. (3) End of lease . If an operator is a lessee of the owner, and the operator’s lease for the residential unit has an end date before the expiration of the certificate of registration, the operator shall submit new proof of primary residence to ISD before the end date listed on the lease. Should the operator fail to do so, the certificate of registration shall be deemed invalid as of the applicable lease end date. (4) Transferability . A certificate of registration shall be tied to the eligibility of the residential unit, the owner, and the operator and shall not automatically transfer or remain valid upon the sale or lease of the unit or building.
  8. (h) Link to listings . An operator who is issued a certificate of registration shall provide a link to the corresponding short-term-rental listing(s) to ISD.
  9. (i) Certification requirement for lawfully existing short-term rentals at passage of registration requirement . Operators offering a short-term rental that was lawfully operating in conformance with this article at time of passage of the registration requirements shall apply for a certificate of registration within 90 days and obtain a certificate within 180 days of the registration effective date. Such lawful short-term rentals are allowed to continue operation during the interim period prior to certification, provided their application is not denied or are found to be otherwise in violation of this article. All other short-term rentals shall require a certificate of registration from ISD prior to operation.
  10. (j) Registration effective date . The registration provisions of this article shall take effect on April 1st, 2023.
Sec. 7-255. Registry.

ISD shall maintain a registry of short-term rentals that are issued a certificate of registration. The registry shall be publicly accessible on the city’s website. The registry shall include the address of the residential unit , the registration number, and the type of short-term rental.

Sec. 7-256. Penalties; enforcement.
  1. (a) No person or entity may offer a residential unit as a short-term rental in violation of this article. No booking agent may accept a fee for booking a residential unit which is in violation of this ordinance, provided that the city has first notified the booking agent of such violation of the residential unit. All violations of this section may be penalized by a noncriminal disposition as provided for in G.L. c. 40, § 21D. All violations of this section are subject to penalty in accordance with section 1-11 of the Somerville Code of Ordinances. Each day on which a violation exists shall be deemed a separate and distinct offense. The provisions of this section may also be enforced, if applicable, by the director seeking an injunction from a court of competent jurisdiction prohibiting the offering of the short-term rental. The provisions of this section may also be enforced according to Massachusetts Session Laws Acts of 2008 Chapter 106. Nothing herein shall be construed to preclude the city from seeking any additional penalties or taking any additional enforcement action as allowed for by law.
  2. (b) The director may enter into agreements with booking agents or any other third parties for assistance in enforcing the provisions of this article.
Sec. 7-257. Regulations.

The director shall have the authority to promulgate regulations to carry out the provisions of this article.

Sec. 7-258. Severability.

If any provision in this section shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.

Sec. 7-259. Effective date.

The provisions of this Article X “Short-Term Rentals” shall take effect on January 1, 2020.

Secs. 7-260-7-279. Reserved.
ARTICLE XI. HOUSING STABILITY NOTIFICATION ACT
Sec. 7-280. Purpose.

The purpose of this article is to promote the housing stability of Somerville residents.

Sec. 7-281. Definitions.

Applicable laws means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders that have the effect of law, as well as all applicable final, non-appealable judicial opinions.

Entity means a business organization, or any other kind of organization, including without limitation a corporation, partnership, trust, limited liability corporation, limited liability partnership, joint venture, sole proprietorship, development or project, or any other category of organization, and any employee, agent, servant or other representative of such entity.

Former homeowner means any natural person or group of natural persons who, prior to foreclosure of a housing accommodation, had been the title owner or owners of such housing accommodation, or who has a legal or beneficial interest in the housing accommodation by dissolution of marriage, separation agreement, survivorship, devise, or intestate succession, and who at the time of foreclosure actually occupied such housing accommodation as a resident or residents.

Foreclosing owner means any natural person or entity that holds title in any capacity, directly or indirectly without limitation, whether in its own name, as trustee or as beneficiary, to a housing accommodation that has been foreclosed upon and either (1) held or owned a mortgage or other security interest in the housing accommodation at any point prior to the foreclosure of the housing accommodation, or is the subsidiary, parent, trustee, or agent thereof; or (2) is an institutional mortgagee that acquires or holds title to the housing accommodation; or (3) is the Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation.

Landlord means owner of record, or lessor or sub-lessor of an owner of record, or any other person, project, housing development, or other entity entitled either to receive rent for the use and occupancy of any rental unit or to maintain an action for possession of a rental unit, or an agent, representative, successor, or assignee of any of the foregoing.

Lease non-renewal or expiration means a provision in a written rental agreement for a housing accommodation or rental unit that the lease will expire either as of a fixed date, or at the election of the owner for the failure of the tenant to take certain affirmative action.

Notice to quit means any written notice sent by a landlord or a foreclosing owner to a tenant or former homeowner of a residential rental unit or housing accommodation seeking to terminate the tenant’s tenancy or the former homeowner’s occupancy of such rental unit or housing accommodation.

Office of Housing Stability means the office of the City of Somerville created to address the problem of displacement in the city, or any subsequent or successor office or entity similarly empowered with like purpose or responsibility, or if no such office exists, the city office or entity with the closest corresponding purpose or responsibility.

Owner means any person or entity that holds title to one or more dwelling units in any manner including but not limited to a partnership, corporation or trust. For purposes of this ordinance the term “owner” shall include one who manages, controls, or customarily accepts rent on behalf of the owner.

Property means a parcel of land along with all fixtures, structures and improvements thereupon, located in the City of Somerville, that is assessed and taxed as an undivided whole.

Rental unit means a non-owner occupied room or group of related rooms within a dwelling used or intended for use by one family or household for living, sleeping, cooking and eating.

Skilled nursing facility means a health facility or a distinct part of a hospital that provides, at a minimum, skilled nursing care and supportive care to patients whose primary medical need is the availability of skilled nursing care on an extended basis. Such facility must provide 24 hour inpatient care, an activity program, and medical, nursing, dietary, and pharmaceutical services. Additionally, the facility must provide effective arrangements, confirmed in writing, through which services required by the patients but not regularly provided within the facility can be obtained promptly when needed.

Tenancy means occupation or use of a dwelling unit under an express or implied rental agreement.

Tenant means any person who inhabits or is entitled to inhabit a dwelling unit under a rental agreement.

Sec. 7-282. Applicability.

The provisions of this article shall apply to all rental units and housing accommodations in the City of Somerville, in whole or in part, where (1) a landlord and tenant have entered into a new tenancy as described in section 7-283 (1) below; or (2) a notice to quit or other notice of lease nonrenewal or expiration has been served, or should have been served, on the tenant or former homeowner of any such rental unit or housing accommodation as of the effective date of this ordinance, but where any such rental unit or housing accommodation has not yet been vacated or a final order of judgment for possession has not entered as of the effective date of this ordinance. However, the provisions of this article shall not apply to the following types of units:

  1. (1) Rental units in any hospital, skilled nursing facility or health facility.
  2. (2) Rental units in a nonprofit facility that has the primary purpose of providing short term treatment, assistance or therapy for alcohol, drug or other substance abuse. Short term treatment is treatment meant to last 30 or less days where such housing is incidental to the recovery program and where the client has been informed in writing of the short term, temporary or transitional nature of the housing at its inception.
Sec. 7-283. Required notices.
  1. (1) Inception of the tenancy : Whenever a landlord enters into a new tenancy with a tenant under written lease, written tenancy-at-will or oral tenancy-at-will, regardless of length, the landlord shall, on or before the fifth day of the tenancy, provide to the tenant a notice of basic tenancy rights and resources which shall also include citations where additional information about such rights and resources can be obtained on-line or in person. The notice shall be in a form approved by the office of housing stability and obtainable on its website. Such notice shall be provided in-hand or by certified mail, in addition to by email if one is available, in English or in Spanish, Portuguese, Haitian Creole, or Nepali, if the owner , or their agent, knows that this is the tenant's primary language.
  2. (2) When a landlord or foreclosing owner serves the tenant or former homeowners any notice to quit or notice of lease nonrenewal or expiration , such landlord or foreclosing owner shall, at the same time, also provide the tenant or former homeowner with a notice of basic housing rights and resources, including a list of organizations available to assist tenants and/or former homeowners with their contact information on a form or forms prepared by the City of Somerville’s Office of Housing Stability which shall be attached thereto. Where a landlord or foreclosing owner is exercising a right of lease nonrenewal or expiration, the owner shall give such written notice prepared by the Somerville Office of Housing Stability at least 30 days prior to commencing any summary process action against the tenant or former homeowner. Such notice shall be provided in-hand or by certified mail, in English or in Spanish, Portuguese, Haitian Creole, or Nepali, if the owner knows that this is the tenant's primary language.
Sec. 7-284. Non-waivability.

The provisions of this article may not be waived, and any term of any lease, contract or other agreement which purports to waive or limit a tenant’s or former homeowner’s substantive or procedural rights under this article is contrary to public policy, unenforceable, and void.

Sec. 7-285. Partial invalidity.

If any provision of this article or application thereof is held to be invalid or in conflict with applicable laws , this invalidity or conflict shall not affect other provisions or applications of this article which can be given effect without the invalid provisions or applications, and to this end, the provisions and applications of this article are severable.

Sec. 7-286. Enforcement.

The provisions of this article shall be enforced by the chief of police, the superintendent of inspectional services, and their duly authorized agents, officers and employees, by a noncriminal disposition pursuant to Massachusetts General Laws Chapter 40 Section 21D. Each failure to comply with the requirements set forth in this Act with respect to an individual tenant or occupant entitled to notice hereunder shall be deemed a separate offense triggering a separate warning or fine. Unless otherwise provided, a person or entity violating any provisions of this article shall be punishable by a warning or fine in accordance with the provisions of Somerville Code of Ordinances Section 1-11 .

Sec. 7-287. Effective date.

This article shall become effective 90 days after passage by the city council . Amendments to this ordinance shall become effective 90 days after passage by the city council. All provisions in effect prior to such amendments shall remain in effect.

CHAPTER 8 LICENSES, PERMITS AND MISCELLANEOUS BUSINESS REGULATIONS*

Cross reference(s) – Disposal of combustibles, § 5-3 ; biosafety permits, § 6-62 ; condominium conversion, Ch. 7, Art. IV; placement and maintenance of electric wires and appliances, § 11-54 ; inspection of grandstands, carnivals, staging and other entertainment structures, § 11-106 ; excavating streets and other public places, § 11-143 ; drain or sewer work, § 11-166 ; drain layers and work on sewers, § 11-168 ; signs over streets and sidewalks, § 12-15 ; obstacles in streets or sidewalks at night, § 12-18 ; use of parks and playgrounds during closed times, § 12-49 ; taxi and hackney carriage license, § 13-36 et seq.

State law reference(s) – Licenses generally, M.G.L.A . c. 140.

ARTICLE I. IN GENERAL
Sec. 8-1. Revoking licenses and permits.

Any license or permission which may be granted under the provisions of any ordinance may be revoked or annulled at any time by the city council without notice; and no license or permission granted under any ordinance, or any thing done or right acquired by virtue of the same, shall entitle any person to a continuance of such license, permission, or thing done or right acquired.

Sec. 8-2. Issuance and expiration of licenses.

All licenses required by this chapter shall be issued by the city clerk, and shall expire on the first day of May, annually, unless otherwise provided by law, ordinance or order of the city council .

Sec. 8-3. Payment of taxes as a condition of licenses.

Any board, officer or department who issues local licenses or permits for the city ("the licensing authority") may deny any application for, or revoke or suspend a building permit, or any local license or permit including renewals and transfers for any person , corporation, or business enterprise, who has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges, including amounts assessed under the provisions of G. L. c. 40, § 21D, or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or matter is carried out or exercised or is to be carried out or exercised on or about real estate whose owner has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges, provided that:

  1. (1) The tax collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board commission or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board.
  2. (2) The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority for the tax collector or with respect to any activity, event or other matter which is the subject of such license or permit and which activity, event or a matter is carried out or exercised or is to be carried out or exercised on or about real estate owned by any party whose name appears on said list furnished to the licensing authority from the tax collector; provided, however, that written notice is given to the party and the tax collector, as required by applicable provision of law, and the party is given a hearing, to be held not earlier than fourteen days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the license authority receives a certificate issued by the tax collector that the party is in good standing with respect to any and all local taxes fees, assessment, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate.
  3. (3) Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit; provided, however, that the holder be given notice and a hearing as required by applicable provisions of law.
  4. (4) The city council may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in section one of chapter two hundred and sixty-eight A of the Massachusetts General Laws in the business or activity conducted in or on said property.

This section shall not apply to the following licenses and permits: open burning (G. L. c. 48, § 13); bicycle permits; (G. L. c. 85, § 11A); sales of articles for charitable purposes (G. L. c. 101, § 33); children work permits (G. L. c. 149, § 69); clubs, associations dispensing food or beverage licenses (G. L. c. 140, § 21E); dog licenses, (G. L. c. 140, § 137); fishing, hunting, trapping license, (G. L. c. 131, § 12); marriage licenses, (G. L. c. 207, § 28); and theatrical events, public exhibition permits (G. L. c. 184, § 181).

State law reference(s) – Authorized, M.G.L.A . c. 40, § 57.

Sec. 8-4. Slaughtering and rendering licenses.

Whenever a new application for a slaughtering or rendering license, or for an addition to an existing license, is received by the city clerk, he or she shall arrange for a public hearing and shall cause notice to be published in a city newspaper or any newspaper, at least one week in advance of the hearing date, and shall notify all abutters by registered mail.

Sec. 8-5. Hazardous material transport for commercial vehicles.
  1. (a) Required . No commercial vehicle carrying a cargo of liquid natural gas (LNG), liquid propane gas (LPG) or other hazardous cargo as may be specified from time to time by the chief engineer of the fire department, shall be operated on any street or part thereof under the control of the city unless the destination point of such vehicle is within the limits of said city; provided, however, that a commercial vehicle whose destination is within the city limits may operate upon the city streets or parts thereof if a permit therefor has been obtained by the owner from the chief engineer of the fire department.
  2. (b) Application; contents . The owner of a vehicle who desires to transport a hazardous cargo as defined herein, within the city limits, may obtain a permit for that purpose by making application therefor to the chief engineer of the fire department on forms provided for that purpose. Such application shall contain the following information: (1) The name of the owner of the vehicle transporting the hazardous cargo; (2) The destination point of the vehicle; (3) The quantity of the cargo; (4) The proposed route of the vehicle; (5) The estimated departure and arrival times of the vehicle; (6) The safety precautions taken to ensure the prompt and safe delivery of the cargo; and (7) A proposed alternate route for the delivery of the cargo.
  3. (c) Issuance; conditions . Upon approval of such application by the chief engineer and the payment of the appropriate fee, the owner of such vehicle shall be granted a permit to transport such hazardous cargo; provided, however, that no permit shall be valid unless and until it has been signed by the chief engineer or by some other authorized person ; provided further, that such permit shall only be valid for the delivery or deliveries as specified therein; and upon the completion of such delivery or deliveries the permit shall be null and void.
  4. (d) Safety requirements . The chief engineer of the fire department shall have the power to require any applicant for a permit to take such precautions to ensure the safe delivery of his or her cargo as he or she deems necessary and appropriate, including but not limited to the escort of a vehicle carrying a hazardous cargo by apparatus of the fire department while such vehicle is within the city limits; and he or she shall charge a reasonable fee for such escort not to exceed the actual cost of labor and fuel as may be determined from time to time. Such additional charge shall be added to the fee for a permit and shall be paid at the time such fee is due.
  5. (e) Administration . The chief engineer of the fire department may designate the deputy chief for fire prevention or any other deputy chief as the person in charge of the administration of this section by filing a writing for that purpose with the city council . He or she may, at any time, withdraw such designation in a similar manner.

Cross reference(s) – Fire prevention and protection, Ch. 5.

Sec. 8-6. Hazardous material transport for trains.

Prior to the rail transportation of any hazardous materials into or within the city , the operator of the rail carrier shall notify the chief engineer of the fire department 24 hours in advance of the content, amount, route and destination point of any such shipment.

Cross reference(s) – Fire prevention and protection, Ch. 5.

Sec. 8-7. Operating hours of retail, restaurant and service establishments.
  1. (a) No establishment engaged in any retail, restaurant or service business open to the public shall, unless expressly granted permission by the city council , remain open for the transaction of regular business between the hours of 12:00 midnight and 5:00 a.m.
  2. (b) As used in this section the following definitions shall apply:

Retail shall include any business engaged in the sale of goods including, but not limited to, food, produce, meats, dairy, prepackaged foods, merchandise, supplies, raw materials and finished products. As used in this section "retail" is not intended to be distinguished from "wholesale" and is intended to include all such businesses open to the general public whether membership is required or not.

Restaurant shall include any business engaged in the sale and/or delivery of prepared meals and foods for the consumption on or off premises. It shall not include establishments licensed to serve or sell alcoholic beverages.

Service shall include any business open to the public other than one engaged in the sale of goods whereby something of value, including, but not limited to, maintenance, repairs, and the use of equipment or facilities, is provided for a fee.

  1. (c) Business hours shall be stated on the establishment's main window or door.
  2. (d) The city council may issue an extended hours permit for the purpose of allowing certain establishments to conduct business between the hours of 12:00 midnight and 5:00 a.m. if, in their opinion, the public convenience will be served. The permit shall be posted within public view in the establishment.
  3. (e) A permit may contain such terms and conditions as the city council specify. Application for such permit shall be made on forms provided by the city council by and through the city clerk. Each permit shall expire annually on the fifteenth day of May unless sooner modified, revoked, suspended or renewed. The fee for such permit shall be set from time to time and such fee shall be on file in the city clerk's office.
  4. (f) When the city council determine that the public interest will be served due to the potential neighborhood impacts of the permit, the city council, in its discretion, may determine that a permit may only be granted after a public hearing, called for that purpose, and duly advertised at least seven days prior to the hearing in a newspaper of general circulation in the city. In such event, the applicant shall notify all property owners within 300 feet of the licensed establishment at least ten days prior to the hearing by certified mail, return receipt requested of the application and of the date, time and location of the public hearing. The applicant shall post notice on the subject property, in the manner prescribed by the city clerk, identifying the date, time, location and nature of the public hearing.
  5. (g) Any vendor having been notified by an enforcing authority that they are in violation of their approved hours of operation shall immediately cease conducting business after midnight.
  6. (h) No permit shall be revoked or suspended, nor its terms or conditions modified, until the permitted establishment has been notified and a public hearing has been held for that purpose. Such hearing shall be called in like manner to that pertaining to original issuance of the permit.
  7. (i) For the purposes of this section every calendar day on which an establishment remains open for business without special permission of the city council, in violation of this section, shall be deemed a separate offense.
  8. (j) Every establishment to which this section applies that was not previously regulated by this section shall be considered as having been granted special permission by the city council as provided by this section, until a public hearing is held on any request for an extended hours permit. The city council may, however, specify terms and conditions under which such permission shall continue. After May 15, 2010, no such establishment shall remain open for the transaction of regular business between the hours of 12:00 midnight and 5:00 a.m., unless an extended hours permit has been issued pursuant to subsection (a).
  9. (k) Any violations of this section are subject to a penalty in accordance with section 1-11 of the Code of Ordinances. Each day that a violation continues shall constitute a separate offense.
Sec. 8-8. Reserved.
Sec. 8-9. Pasteurization of milk and cream.

No person shall have in his or her possession with intent to sell or deliver any milk or cream in a bottle, can or other container, whether capped or sealed, unless marked legibly with the day of the week on which the milk or cream was pasteurized.

Cross reference(s) – Health, Ch. 6.

State law reference(s) – Milk and cream, M.G.L.A . c. 94, §§ 12-48E.

Sec. 8-10. Milk deliveries.

No person shall make a delivery of milk in this city except to hospitals, stores, restaurants or hotels before 7:00 a.m.

Sec. 8-11. Discarding plastic bags.
  1. (a) Definition . "Plastic bag" shall mean any type of bag generally referred to as a "plastic bag" regardless of its precise chemical components, and shall include, but not be limited to, any such plastic bag used as a container for merchandise offered for sale or as a protective cover over garments or wearing apparel or other articles where services rather than merchandise are being offered for sale.
  2. (b) Regulated . No person shall sell or distribute in retail trade any plastic bag unless the same is: (1) Perforated with holes of at least one-half inch diameter over each four square inches of surface of such bag; or (2) So manufactured that there are at least two openings in plastic bag container so designed as to eliminate the danger of asphyxiation if the bag were pulled on or placed over a child's head; or (3) Plainly stamped or labelled "Dangerous to Children" in red lettering of a size type not less than one inch.
  3. (c) Discarding restricted . No person shall leave or discard in any place under his or her or its control in a place accessible to children any plastic bag unless the same has been torn open or broken or destroyed to the extent that the inherent danger of its being an instrument of asphyxiation of children if inserted over a child's head has been eliminated.
  4. (d) Penalty . Any person violating any of the provisions of this section shall be subject to a fine in accordance with section 1-11 .

Cross reference(s) – At-store recycling program for plastic bags, Art. XIII, §§ 9-106.5 - 9-106.7 .

Sec. 8-12. Self-service gasoline stations.
  1. (a) It is hereby declared to be a public purpose to promote the health, safety and welfare of the residents of the city , the prevention and control of fires, the control of traffic, and the restraint of vandalism, to regulate the number of gasoline service stations within the city which operate by means of a self-service dispensing method and the conditions of operation of said self-service stations.
  2. (b) For purpose of licensing self-service gasoline stations under the provisions of Chapter 148, Section 13 of the General Laws , there shall be one license issued for every 5,000 inhabitants, or portion thereof as established by the most recent decennial census.
  3. (c) Each license heretofore or hereafter issued under the provisions of Chapter 148, Section 13 of the General Laws and regulations promulgated thereunder shall be subject to the additional conditions: (1) No gasoline shall be dispensed in or upon the licensed premises by means of self-service dispensing systems, unless during the hours when open for business there shall be on duty at all times no fewer than one person , owner or operator or employee, for each four dispensing hoses; and (2) No gasoline shall be dispensed in or upon the licensed premises by means of self-service dispensing system between the hours of 12:00 midnight and 6:00 a.m. not-withstanding the provisions of subsection (c)(1) of this section.
  4. (d) Evidence of repeated violations of this section shall be taken into consideration in connection with proceedings for the revocation of such license in accordance with the provisions of Chapter 148, Section 13 of the General Laws.
Sec. 8-13. Reserved.
Sec. 8-14. Carnivals, concerts, circuses and other entertainment and amusement.
  1. (a) The mayor may grant a license or permit to conduct a carnival, circus, festival, fiesta, street fair or any other type of amusement or entertainment or similar event utilizing a different designation, to any nonprofit educational, charitable, religious or philanthropic organization established pursuant to the General Laws ; provided, however, that no license for public property or permit for private property may be granted for the purpose of conducting any such carnival, circus, festival, fiesta, street fair or other type of event upon any public or private property within the city without the express approval of the city council ; and provided further, that any petitioner granted a permit under this section shall indemnify the city against any loss which may arise by way of any suit, action or proceeding against the city as a result of any accident or occurrence related to the conduct of any event. Said indemnification shall be in a form approved by the mayor and the city solicitor and shall be made in advance of the issuance of any carnival permit. The insurance carried by any entity receiving a permit under this section, shall specifically name the city as an "additional insured."
  2. (b) No officer or official of the city shall give or attempt to give any person a permit or authorization to conduct any such carnival on Lincoln Park, or any other park or playground in the city.
  3. (c) Any person violating any of the provisions of this section shall be liable to a penalty in accordance with section 1-11 .
Sec. 8-15. Amusement devices, video games and pinball machines.
  1. (a) No person shall keep or cause to be kept, operate, or suffer to be operated, on premises owned or leased by him or her or subject to his or her control any mechanical or electronic automatic amusement device, whether or not coin-or token-operated, as defined under but not limited to Chapter 140, Section 177A(2) and Section 181 of the General Laws , except devices designed and intended for private use within a residential dwelling, coin-operated juke boxes, pool tables, billiard tables, bowling alleys, athletic training and sports simulation devices, which shall be exempt from the requirements of this section; however, amusement devices, including electronic amusement devices, may be kept and operated within the city subject to compliance with the provisions of subsections (b) through (j) of this section.
  2. (b) The city council may issue, subject to approval by the mayor , licenses for the installation and operation of coin- or token-operated amusement devices, including electronic amusement devices, provided that the amusement devices are located in premises containing a minimum of 5,000 square feet of floor space, including its primary business use and which contains facilities, including cooking and seating, to serve food to a minimum of 100 patrons, as determined by the inspectional services department of the city, and which holds a common victualler's license issued by the city, subject, however, to the right of any applicant for an amusement device license to seek and obtain any required variances, special permits, site plan review and other approvals authorized under the zoning ordinance of the city and the provisions of Chapter 40A of the General Laws.
  3. (c) No amusement device shall be licensed which pays a cash return, cash prize or cash award, or a return, prize, or award redeemable for cash at any time, nor shall a device be permitted which is intended or used for gambling or wagering. An amusement device may award the user free additional use of the device, or coupons, non-postage stamps, tokens, chits, or other similar evidences which are redeemable for non-cash prizes.
  4. (d) The city council, subject to approval by the mayor, may limit the location of amusement devices within premises where alcoholic beverages are to be served.
  5. (e) The city council, subject to approval by the mayor, also may determine the zoning districts in which such licenses may be issued.
  6. (f) Such licenses as may be approved shall be personal and shall not run with the land nor shall the holder thereof be invested with any rights or privileges not expressly granted by the city council. Every license granted shall state on its face the location of the premises where such license may be exercised, the number of devices licensed, a description of each device licensed, the name of the holder thereof, the date of expiration of the license, and the annual fee charged therefor. A license issued hereunder shall expire annually on December 31 and shall be renewed upon application and payment of all annual fees, provided the licensee has complied with the terms of the license. No license may be sold, pledged, conveyed, alienated, or transferred, whether by gift or otherwise, without the prior approval of the city council and the mayor.
  7. (g) The city council with the approval of the mayor, may, in their discretion, limit the number of licenses to be issued hereunder.
  8. (h) The fee for any license issued hereunder shall be set from time to time by the city council with the approval of the mayor.
  9. (i) Any person or entity convicted of a violation of this section by a court of competent jurisdiction shall be fined in accordance with the provisions of section 1-11 .
  10. (j) The city council may revoke or suspend any license then issued for just cause, after notice and a full fair hearing.
Sec. 8-16. Commercial trash and garbage pickup.
  1. (a) All commercial establishments and persons or legal entities desirous of having their rubbish, garbage and other offal, other than household, collected by the city shall be classified in one of the following groups, based on the average weekly amounts of offal they have for disposal: (1) Group A: One barrel or four cubic feet per week. (2) Group B: Up to three barrels or 12 cubic feet a week. (3) Group C: Up to five barrels or 20 cubic feet a week. (4) Group D: Up to ten barrels or 40 cubic feet per week. (5) Group E: Up to 15 barrels or 60 cubic feet per week. (6) Group F: Up to 20 barrels or 80 cubic feet per week. (7) Group G: Up to 30 barrels or 120 cubic feet per week.
  2. (b) The collection of such offal shall be subject to the following fees, payable annually in advance: Group A ……………………$143.00 Group B ……………………..429.00 Group C ……………………..715.00 Group D …………………..1,430.00 Group E …………………..2,146.00 Group F ……………………2,860.00 Group G …………………..4,290.00 Group S: One special collection per week at additional fee equal to basic fee.
Sec. 8-17. Workplace safety history considered.

Every officer in charge of a department issuing a permit is hereby authorized to deny any application for, or revoke or suspend, any permit, including renewals, issued to any person , corporation or business entity with a history of engaging in unsafe, hazardous or dangerous practices based on work safety histories or concerns. Work safety histories or safety concerns shall include information obtained by affidavit for each permit application, occupational safety and health administration violation reports, or other information presented to or documented by the permit-issuing department.

Sec. 8-18. Closed captioning.
  1. (a) Definitions . When used in this section the following terms shall have the following meanings, except where context clearly indicates a different meaning:

Closed captioning means a transcript or dialog of the audio portion of a television program that is displayed on a television receiver screen when the user activates the feature.

Television receiver means a receiver of television programming that has the ability to display closed captioning, including but not limited to a television, digital set top box, and other technology capable of displaying closed captioning for television programming.

Public area means any part of a public facility that is open to the general public.

Public facility means any place, business, facility, or other establishment of whatever kind, or agency, whether owned privately or by a public agency which caters or offers services, facilities, or goods to or is intended for the use or convenience of the general public whether for a charge, fee, or not.

Nothing contained herein shall be construed to include or apply to any place, business, facility or other establishment which is by its nature distinctly private, except for in those periods when such establishment caters or offers services to the general public.

Public entertainment venue means a place that is open to the public for mass gathering for entertainment, regardless of whether or not a ticket or payment of any type is required for admission. The term includes, but is not limited to, cinemas, theaters, concert halls, sports centers, and festivals.

Regular hours means the hours of any day in which a public facility is generally open to members of the general public.

  1. (b) Activation . Any person owning or managing a public facility in the City of Somerville must activate closed captioning on television receivers in use in any public area during regular hours . (1) This section does not require public entertainment venues to activate closed captioning on television receivers. (2) This section does not require a public facility to make closed captioning available in a public area if no television receiver is available or if the only television available cannot receive or activate closed captioning. (3) Nothing in this ordinance shall be construed to imply an exemption from state and federal requirements.
  2. (c) Enforcement . (1) Violations of this ordinance may be reported to the licensing authorities on a form prescribed by the city clerk’s office. (2) The Commission for Persons with Disabilities shall have the authority to address lack of closed captioning in public facilities, including by, providing guidance for bringing public facilities into compliance, and making complaints to the licensing authorities of violations identified by members of the commission. Complaints reported by members of the Commission for Persons with Disabilities to a licensing authority shall be considered to have been investigated sufficiently to prompt action by that body. (3) Public Facilities that violate this ordinance may be subject to the attachment of conditions to, or revocation or denial of, their license by the licensing authority.
  3. (d) Effective date . This ordinance will take effect on January 2, 2024.
Secs. 8-19-8-40. Reserved.
ARTICLE II. DRAIN LAYERS*

*Cross reference(s) – Drain or sewer work, § 11-166 ; drain layers and work on sewers, § 11-168 .

State law reference(s) – Sewers, drains and sidewalks, M.G.L.A . c. 83; supervision of plumbing, M.G.L.A. c. 142.

Sec. 8-41. Opening and repairing drains and sewers, sidewalk repair.
  1. (a) Every opening into a common sewer for the purpose of connecting a drain therewith, and the repairs of every drain laid from any house, building, cellar or land to such common sewer, and every opening into such drain, and all openings and excavations in any street for the purpose of constructing or repairing any private drain, shall be made by a person licensed in writing for that purpose by the city council and by no other person.
  2. (b) The city engineer shall stipulate that it is mandatory for all drain layers who open sidewalks, to allow a "temporary patch" to remain no longer than 90 days after completion of work, before replacing with the exact type of material they first removed, whether it be cement, brick, etc., to its original good and proper condition. This stipulation shall apply to outside drain layers, utility companies such as the electric, gas and telephone companies, to the various departments of the city and to any and all doing such work.
Sec. 8-42. Permits for opening and repairing drains and sewers.

No licensed drain layer shall perform any work such as is specified in section 8-41 , without first obtaining a written permit from the city engineer; and he or she shall in every case comply with the conditions of such permit.

Sec. 8-43. Performance bonds and work requirements.
  1. (a) Every person licensed as provided in section 8-41 shall, before performing any work authorized thereby, execute an agreement or bond, in the sum of $10,000.00 with one or more sureties, satisfactory to the city council , that he or she will properly make the openings into all common sewers opened by him or her; that he or she will construct or repair the drains to be connected by him or her with the common sewers or with other drains in a thorough and workman-like manner; that he or she will leave no material or obstruction of any description in the sewer which he or she may open, or in any drain leading into any sewer; that he or she will properly close up the excavation, and restore the earth and pavement taken up, and regrade and repave the street, and put it in good and proper condition, and remove all superfluous material, all to the satisfaction of the commissioner of public works.
  2. (b) If a drain layer shall fail to perform the requirements of subsection (a) of this section or if at any time within one year from the date of the completion of any drain the surface of the street shall settle or otherwise become unsafe for public travel, then the commissioner shall repave and regrade the street at the expense of the said drain layer, and within five days thereafter deliver a bill of the same to the city auditor for collection, and said drain layer shall immediately pay the same, and he or she shall not be entitled to receive another permit until the said bill and all other bills of expense incurred by the city on account of his or her negligence or default shall be paid in full.
  3. (c) A drain layer will cause a sufficient fence to be placed so as to enclose the excavation and the earth, stone and other materials which may be put into the street, and he or she will maintain such fence during the whole time such excavation, earth or other material may obstruct the street, and will cause a sufficient number of lighted lanterns to be maintained in suitable places over such excavation, earth, material, and fence, from the beginning of twilight every evening and through every night during the time such obstruction in the street may exist.
  4. (d) Drain layers will comply with the ordinances which may be at any time in force in relation to sewers, drains and streets, and with such orders and regulations as the city council have adopted, or may from time to time adopt, for the government of persons licensed to construct or repair private drains, or open or dig in the street for that purpose; and drain layers will indemnify and save harmless the city from all damages, costs and expenses which it may incur or sustain, by reason of any kind, all injuries resulting to anyone in person or property, from the neglect or carelessness of himself or herself or his or her servants in opening, closing, making or repairing any sewer or drain, in performing work connected therewith or in properly fencing, or in lighting by night, any excavation or obstruction caused or made by him or her or his or her servants, or which the city may incur or sustain in any other manner by reason of the excavation or construction of any sewer or drain by him or her or his or her servants or agents, or any work or acts performed or done by him or her or them connected therewith.
Secs. 8-44-8-59. Reserved.
ARTICLE III. SECONDHAND AND CONSIGNMENT DEALERS*

State law reference(s) – Licensing, regulation of junk and secondhand dealers, M.G.L.A . c. 140, § 54 et seq.

Sec. 8-60. Pawnbroking prohibited.

No person shall operate at any time as a pawnbroker. A pawnbroker shall be defined as one who takes temporary possession of personal property and in exchange lends money to the property owner , under an agreement that the personal property may be sold if the loan is not repaid in a certain amount of time.

Sec. 8-61. Definitions.

Second hand dealer is a person who purchases used or second-hand personal property for the purpose of resale; provided that a person who purchases only automobiles, books, prints, coins or postage stamps shall not be considered a second hand dealer for purposes of this article.

Consignment dealer is a person who, without taking ownership of used or second-hand personal property, displays said personal property for sale and, only upon sale of the item, delivers any payment, as agreed, to the owner.

Precious item is any item made of or containing any gold, silver, platinum or other precious metal, or any item identified with a serial number or engraving, including but not limited to electronic items, retail or internet gift cards, and communications devices, or any item that is marked with a unique identifier by its creator, manufacturer, or owner. No automobile, stock, bond, note or other written evidence of ownership shall be considered a precious item for purposes of this article.

Sec. 8-62. License required.

It shall be unlawful for any person operating as a second hand dealer to purchase any item without first obtaining a second hand dealer's license from the city council .

An applicant for a second hand dealer license shall file an application on a form prescribed by the city clerk. The application form shall require the applicant to provide information regarding the existence of consumer complaints against the applicant and authorization to submit to a CORI check. The fees for such license shall be set by the city council. Each second hand dealer license shall continue in force until the following April 30, unless sooner revoked.

No license issued under this article shall be transferable.

The city council may modify, suspend, or revoke a second hand dealer license for cause, after reasonable notice to the licensee of the grounds for the proposed action and the time and place of the hearing regarding such proposed action.

Sec. 8-63. Restriction on the purchase and sale of merchandise.

No second hand dealer or consignment dealer shall purchase or accept for consignment any merchandise from anyone under the age of 18.

Every second hand dealer shall retain every precious item purchased for a minimum of 30 days before melting, changing the form of, selling, bartering, trading, displaying or otherwise disposing of it.

Sec. 8-64. Police inspection permitted.

Every second hand dealer or consignment dealer shall, upon request, permit any Somerville police officer or any state trooper or any other municipal police officer or law enforcement official to examine all merchandise and all records related to any purchase, display, sale, or disposal of any merchandise in the last three years.

Sec. 8-65. Required recordkeeping.

Every second hand dealer shall obtain from every customer selling an item a valid photo identification issued by a governmental agency, including but not limited to a driver's license or passport, and shall verify that such identification matches said customer.

Every second hand dealer may be required by the police chief to keep a record of all purchases. The police chief shall annually transmit to the city council a list of second hand dealers required to keep such reports. Said record shall be in a form approved by the police chief and shall include, at a minimum, a description, any serial number, engraving or other unique identifier, the customer's valid photo identification, the name, age, date of birth and current residence of the customer, the date and time of the transaction, and the amount paid or agreed upon for each item.

Every second hand dealer shall electronically transmit to the police chief a copy of the record required by this section for the purchase of any precious item within 24 hours of the day the transaction is conducted.

Every second hand dealer shall retain this record, and all records of the purchase of all merchandise for a minimum of three years from the date of transaction.

Sec. 8-66. Penalties for violations.

Every person subject to this article who fails to comply with the provisions hereof shall be subject to a penalty in accordance with section 1-11 for each day of noncompliance, or in accordance with applicable state law.

Secs. 8-67-8-75. Reserved.
ARTICLE IV. HAWKERS AND PEDDLERS*

Cross reference(s) – Streets, sidewalks and other public places, Ch. 12.

State law reference(s) – Hawkers and peddlers, M.G.L.A . c. 101, § 13 et seq.

Sec. 8-76. Hawkers and peddlers.

As used in this article, the term "hawker" or "peddler" shall mean and include any person who goes from place to place either on foot or on or from any animal or any vehicle carrying, exhibiting or selling any goods, wares or merchandise. Mobile food vendors shall be exempt from this section and shall instead be subject to ARTICLE XIII of this chapter.

Cross reference(s) – Definitions and rules of construction, § 1-4 .

State law reference(s) – Similar definitions, M.G.L.A . c. 101, § 13.

Sec. 8-77. Hawker and peddler licenses.
  1. (a) Articles, other than those the sale of which is permitted in accordance with articles V and VI of this chapter, or permitted without a license as described in section 8-78 below, or not permitted to be sold at all as described in section 8-79 below, shall not be sold by hawkers or peddlers unless duly licensed by the commonwealth's director of standards or by the city council as provided in section 8-80 of this article.
  2. (b) All hawkers and peddlers duly licensed by the director of standards of the commonwealth are required to register with and obtain a certificate of such registration from the city clerk prior to conducting business in the city. The fee for such registration shall be determined annually by the city council. The certificate of registration shall expire on the first day of May in each year.
Sec. 8-78. Goods not requiring a license.

No license, state or local, is required for the sale of newspapers, religious publications, flowering plants and wild or uncultivated flowers, fruits, nuts and berries by hawkers and peddlers.

State law reference(s) – Similar provisions, M.G.L.A . c. 101, § 17.

Sec. 8-79. Goods prohibited.

Except as otherwise provided in section 8-81 , hawkers and peddlers are prohibited from selling jewelry, other than costume jewelry valued at not more than $10.00 and made by a nonprofit charitable organization, furs, wines, spirituous liquors, small artificial flowers, and miniature flags.

State law reference(s) – Similar provisions, M.G.L.A . c. 101, § 16.

Sec. 8-80. Licenses and food sales.
  1. (a) Before selling any meats, butter, cheese, fish, fresh fruit or vegetables, any hawker or peddler must either be duly licensed by the director of standards of the commonwealth or by the city council ; however, this section shall not apply to any person who peddles only fish obtained by his or her own labor or his or her family's or to any person who peddles only fruits, vegetables or other farm products raised by himself or herself or his or her family.
  2. (b) The city council shall have authority to grant a license under this section to any person of good repute as to morals and integrity who has shown responsibility and business acumen.
  3. (c) Should a license be issued pursuant to this article, the licensee shall be responsible for obtaining and maintaining any and all other relevant licenses, permits and seals, including, but not limited to, health department and fire department permits, and seals from the sealer of weights and measures.
  4. (d) Any hawker or peddler of any meats, butter, cheese, fish, fresh fruit or vegetables who uses, or possesses with intent to use, any false, condemned or unsealed weighing or measuring device shall be subject to a penalty in accordance with the provisions of section 1-11 .
  5. (e) Any license issued by the city council under this section shall be issued by and signed by the city clerk upon payment of a license fee set by the city council with the approval of the mayor. Every hawker and peddler so licensed shall be assigned a number by the city clerk, who shall keep a record of all licenses issued.
  6. (f) No license shall be issued until such hawker or peddler has posted a bond with, or has provided a certificate of liability insurance naming the city as an "additional insured" to, the city clerk in an amount to be determined by the mayor , and has signed an agreement providing for indemnification of the city against any loss which may arise by way of any suit, action or proceeding against the city as a result of any act or failure to act on the part of such hawker or peddler while operating within the territorial limits of the city. Said indemnification shall be in a form approved by the mayor and city solicitor.
  7. (g) Any license granted by the city council under this section may be revoked by the city council for good cause after reasonable notice to the licensee and a hearing upon the grounds for revocation. The use, or possession with intent to use, by any person licensed under this section by the city council, of any false or unsealed weighing or measuring device shall be sufficient cause for the revocation of that license.
  8. (h) Unless sooner revoked, any license granted by the city council under this section shall expire one year from the first day of May in each year.
Sec. 8-81. Sale of small items for nonprofit organizations.

The city council shall, under such conditions as it may deem proper, grant to any organization engaged exclusively in charitable work, or to a part of any incorporated organization of veterans who served in the military services of the United States in time of war or insurrection, a special license authorizing it, upon a particular day and for a charitable purpose named in such license, to sell, through its accredited agents in the streets and other public places within the city , or in any designated part thereof, flags, badges, medals, buttons, flowers, and similar small articles; provided, that no person under 16 years of age shall be accredited as such agent and that each agent shall wear in plain sight while engaged in selling such articles a badge, provided by such organization or post and approved by the city council, bearing upon it the name of such organization or post and the date on which the license is to be exercised, and that no such agent shall be authorized to make or attempt to make such sales in front of any private premises against the objection of the owner of occupant thereof. The exercise of the licenses hereby provided for shall be subject to the provisions of all statutes, ordinances, rules and regulations not inconsistent herewith.

State law reference(s) – Similar provisions, M.G.L.A . c. 101, § 33.

Sec. 8-82. Display of license.

Every hawker or peddler shall exhibit his or her license and/or certificate of registration when the same is demanded of him or her by a councilor or sealer or deputy sealer of weights and measures or member of the police department of the city .

State law reference(s) – Display and production of hawker or peddler's license, M.G.L.A . c. 101, § 27.

Sec. 8-83. Minimum age.

No person under 16 years of age shall receive a license or be registered as a hawker or peddler.

Sec. 8-84. Additional restrictions.

The terms of every hawkers and peddlers license and certificate of registration issued pursuant to this article shall be subject to such further restrictions and regulations as the city council shall impose.

Sec. 8-85. Waiver of fees.

The city council may waive in whole or part any and all fees required by this article, as it deems necessary.

Sec. 8-86. Penalties.

Any person who violates any provision of this article shall be liable to a penalty in accordance with section 1-11 or be subject to arrest as provided for in Chapter 101, Section 32 of the General Laws .

Sec. 8-87. Conflict with state license.

Nothing in this article shall be construed as conflicting with any license duly issued under the laws of the commonwealth .

ARTICLE V. TRANSIENT VENDORS*

*Note(s) – See the editor's note to Art. IV of this chapter, § 8-76 et seq.

State law reference(s) – Transient vendors , M.G.L.A . c. 101, §§ 1-12A.

Sec. 8-88. Transient vendors.

As used in this article, the following words and phrases shall have the meanings ascribed to them in this section:

Transient vendor means any person who engages in a "temporary or transient business" selling goods, wares or merchandise, either in one locality or in traveling from place to place.

Temporary or transient business means any exhibition and sale of goods, wares or merchandise which is carried on in any tent, booth, building or other structure, unless such place is open for business during usual business hours for a period of at least 12 consecutive months.

Cross reference(s) – Definitions and rules of construction, § 1-4 .

State law reference(s) – Similar provisions, M.G.L.A. c. 101, § 1.

Sec. 8-89. Transient vendor licenses.
  1. (a) Every transient vendor , before making any sale of goods, wares or merchandise in the city , shall apply to the city council for a license and shall accompany such application with a license fee to be determined annually by the city council.
  2. (b) No license shall be granted under this section until the applicant has complied with the provisions of Chapter 101, Section 3 of the General Laws and has exhibited to the city clerk a license issued by the director of standards of the commonwealth .
  3. (c) If, after review of said application, it appears that the applicant is a person of good repute as to morals and integrity and he or she is a person of responsibility and business acumen, the city council may authorize the city clerk to issue a city license to the applicant. Upon order of the city council and proof of payment of all license fees the city clerk shall issue the city license endorsed upon the state license "local license fees paid" and shall affix thereto his or her official signature and date of such endorsement.

State law reference(s) – Similar provisions, M.G.L.A . c. 101, § 8.

Sec. 8-90. Expiration of license.

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

State law reference(s) – Term of local license, M.G.L.A . c. 101, § 5.

Sec. 8-91. Licenses for nonprofit organizations.

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

State law reference(s) – Similar provisions, M.G.L.A . c. 101, § 12A.

Sec. 8-92. Display of license.

Every transient vendor shall exhibit his or her state and city licenses when the same are demanded of him or her by a councilor or sealer or deputy sealer of weights and measures or member of the police department of the city.

Cross reference(s) – Appointment of chief sealer and deputies, § 2-171 et seq.

Sec. 8-93. Additional city permits.

Should a license be issued pursuant to this article, the licensee shall be responsible for obtaining and maintaining any and all other relevant licenses, permits and seals, including, but not limited to, health department and fire department permits, and seals from the sealer of weights and measures.

Cross reference(s) – Appointment of chief sealer and deputies, § 2-171 et seq.

Sec. 8-94. Revocation of license.

Any transient vendor license granted by the city council may be revoked by the city council for good cause after reasonable notice to the licensee and a hearing upon the grounds for revocation.

Sec. 8-95. Bond or insurance required.

No transient vendor shall sell goods, wares or merchandise in the city unless such transient vendor has posted a bond with, or has provided a certificate of liability insurance naming the city as an "additional insured" to, the city clerk in an amount to be determined by the mayor , and has signed an agreement providing for indemnification of the city against any loss which may arise by way of any suit, action or proceeding against the city as a result of any act or failure to act on the part of such transient vendor while operating within the territorial limits of the city. This indemnification agreement shall be in a form approved by the mayor and city solicitor.

Sec. 8-96. Minimum age.

No person under 16 years of age shall receive a license as a transient vendor .

Sec. 8-97. Additional restrictions.

The terms of every transient vendor license issued pursuant to this article shall be subject to such further restrictions and regulations as the city council shall impose.

Sec. 8-98. Waiver of fees.

The city council may waive in whole or part any and all fees required by this article, as it deems necessary.

Sec. 8-99. Penalties.

Any transient vendor who violates any provision of this article shall be liable to a penalty in accordance with section 1-11 or be subject to arrest as provided for by Chapter 101, Section 32 of the General Laws .

Sec. 8-100. Conflict with state license.

Nothing in this article shall be construed as conflicting with any license duly issued under the laws of the commonwealth .

Secs. 8-101, 8-102. Reserved.
ARTICLE VI. OPEN-AIR VENDING OF GOODS, WARES AND MERCHANDISE FROM ONE LOCATION*

*Note(s) – See the editor's note to Art. IV, § 8-76 et seq.

Sec. 8-103. Open air vendors.
  1. (a) The purpose of this article is to license and regulate the open-air, temporary sale of goods, wares and merchandise, from one location in the city . Any person duly licensed pursuant to Chapter 101 of the General Laws or Article IV or V of this chapter, who is carrying on business in a manner consistent with said license, shall not be subject to the licensing requirements of this article.
  2. (b) As used in this article, the terms "goods, wares or merchandise" shall include, but not be limited to, consumer goods, novelty items, clothing, shoes, sports memorabilia, trees, Christmas trees, wreaths, plants, flowering plants, cut flowers and food of any kind.
Sec. 8-104. Open air vendor licenses.
  1. (a) No person , whether principal or agent, shall, on a temporary basis, offer for sale, expose for sale, or sell any goods, wares or merchandise, in any open area, alley or lot, located in the city unless such person has first obtained a license therefor from the city council . Said license shall be known as a "city open-air vending license".
  2. (b) In order to receive such a license, the applicant must submit written consent to its issuance on the part of the owner or owners of the premises on which or in front of which he or she desires to carry on business and of the tenants of the ground floor of such premises. Said owners or tenants shall not demand or accept consideration for such grant of approval. The property owner may obtain legally negotiated rent from a license holder operating on his or her premises. When the exercise of the license will occur on or in front of premises owned by the city, the owner's consent herein provided for may be given by the department having charge of the premises.
  3. (c) The fee for such license shall be determined annually by the city council.
  4. (d) Whenever the license is intended to be exercised on public property, including but not limited to public ways, sidewalks and parks, the city council may make and collect an additional charge as rent, unless the licensee is the tenant of the ground floor of the premises in front of which the location is granted and the character of the merchandise he or she is selling under the license is essentially the same as that being sold within the ground floor of those premises. Rental rates shall be determined annually by the city council.
Sec. 8-105. Expiration of license.

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

Sec. 8-106. Licenses for nonprofit organizations.

The city council may, under such conditions as they may deem proper, grant to any organization engaged in charitable work or to a post of any incorporated organization of veterans who served in the military or naval service of the United States in time of war or insurrection a special license authorizing it, for a particular time period to be stated in such license, and for a charitable purpose stated in such license, to conduct under their control a temporary open-air vending business, provided that no person under 16 years of age be accredited as an agent of the license holder. The exercise of the license hereby provided for shall be subject to the provisions of all statutes, ordinances, rules and regulations not inconsistent herewith.

Sec. 8-107. Display of license.

Every city open-air vendor shall exhibit his or her city license when the same is demanded of him or her by a councilor or sealer or deputy sealer of weights and measures or member of the police department of the city.

Cross reference(s) – Appointment of chief sealer and deputies, § 2-171 et seq.

Sec. 8-108. Additional city permits.

Should a license be issued pursuant to this article, the licensee shall be responsible for obtaining and maintaining any and all other relevant licenses, permits and seals, including, but not limited to, health department and fire department permits, and seals from the sealer of weights and measures.

Cross reference(s) – Appointment of chief sealer and deputies, § 2-171 et seq.

Sec. 8-109. Revocation of license.

Any license granted by the city council pursuant to this article may be revoked by the city council for good cause after reasonable notice to the licensee and a hearing upon the grounds for revocation.

Sec. 8-110. Bond or insurance required.

No person licensed pursuant to this article shall sell goods, wares or merchandise, in the city unless such person has posted a bond with, or has provided a certificate of liability insurance naming the city as an "additional insured" to, the city clerk in an amount to be determined by the mayor , and has signed an agreement providing for indemnification of the city against any loss which may arise by way of any suit, action or proceeding against the city as a result of any act or failure to act on the part of such vendor while operating within the territorial limits of the city. Said indemnification shall be in a form approved by the mayor and city solicitor.

Sec. 8-111. Minimum age.

No person under 16 years of age shall receive a license pursuant to this article.

Sec. 8-112. Additional restrictions.

The terms of every license issued pursuant to this article shall be subject to such further restrictions and regulations as the city council shall impose.

Sec. 8-113. Waiver of fees.

The city council may waive in whole or part any and all fees required by this article, as it deems necessary.

Sec. 8-114. Penalties.

Any person who violates any provision of this article shall be liable to a penalty in accordance with section 1-11 , or be subject to arrest as provided for by Chapter 101, Section 32 of the General Laws .

Sec. 8-115. Conflict with state license.

Nothing in this article shall be construed as conflicting with any license duly issued under the laws of the commonwealth .

Secs. 8-116-8-120. Reserved.
ARTICLE VII. STREET PERFORMERS*

Cross reference(s) – Streets, sidewalks and other public places, Ch. 12.

Sec. 8-121. Definitions.

Perform includes, but is not limited to, the following activities: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading, and reciting exclusively for the enjoyment of the public.

Public areas means public sidewalks, paths, parks, playgrounds and other public ways and public property located in the City of Somerville.

Sec. 8-122. Prohibited performances.
  1. (a) No person shall perform where such person conducts the activity: (1) Within 100 feet of an elementary and/or secondary school, library, or place of worship while in session, a hospital or nursing home at any time, or within public areas excluded by the commissioner of public works, or the chief of police pursuant to subsection (c) of this section; or (2) In public areas where an authorized street fair, festival, or other public event is being conducted, unless written permission from the sponsor of such fair or festival is obtained; or (3) Between the hours of 10:00 p.m. and 7:00 a.m., unless otherwise permitted by the commissioner of public works; or (4) In such a manner as to violate the Somerville Noise Ordinance; or (5) In such a manner as to create an undue interference with the passage of the public through a public area; or (6) In such a manner as to block roadways, sidewalks, crosswalks, driveways, stairways, curb cuts, handicapped access ramps or block access to buildings, parks, public conveyances, businesses, crosswalks, traffic control poles containing pedestrian crosswalk button(s), or within ten feet of a fire hydrant or within five feet of any fire alarm or other emergency communication device, including public telephones; or (7) Within 20 feet of property used for outdoor seating in accordance with a permit issued under Somerville Code of Ordinances section 12-14 .
  2. (b) Nothing in this section shall prevent any street performer from requesting contributions or money or property at a performance, provided that no sign requesting contributions shall exceed 12 inches by 18 inches in size. Contributions may be received in any receptacle, such as an open musical instrument case, box or hat.
  3. (c) No performer may display or sell any goods, wares or other merchandise, except for recordings of their own performances, without obtaining a hawkers and peddlers license pursuant to the ordinances [codified] at CHAPTER 8 , article IV.
Sec. 8-123. Exclusion of public areas.
  1. (a) A specific public area may be excluded by decision of the chief of police in the case of an emergency.
  2. (b) A specific public area may be excluded by decision of the commissioner of public works in the case of an emergency.
Sec. 8-124. Penalties; noncriminal disposition.

Whoever violates any provision of this article may be penalized by a noncriminal disposition as provided in G.L. c. 40, s. 21D. Each day of violation shall constitute a separate and distinct offense. The penalty for each violation will be as set forth in section 1-11 of this Code .

Sec. 8-125. Exclusivity.

The provisions of this article take precedence over any other city regulations or ordinances applicable to street performances. To the extent other city regulations or ordinances are applicable and are inconsistent with this article, this article shall govern. Nothing in this article shall be deemed to limit the use of other lawful methods to enforce applicable state statutes relative to street performances.

Sec. 8-126. Peace and quiet.

A performance in accordance with this article shall be presumed not to constitute a disturbance of the peace or quiet.

Sec. 8-127. Enforcement.

The provisions of this article may be enforced by the police department.

Sec. 8-128. Severability.

The provisions of this article are severable, and if any part of this article should be held invalid by a court of competent jurisdiction, such invalidity shall not affect the remainder of the article and the remainder of the article shall stay in full force and effect.

Secs. 8-129-8-145. Reserved.
ARTICLE VIII. DOOR-TO-DOOR SOLICITORS AND CANVASSERS*

*Cross reference(s) – Streets, sidewalks and other public places, Ch. 12

Sec. 8-146. Door to door solicitors and canvassers.

The terms "soliciting" and "canvassing" shall mean and include any one or more of the following activities:

  1. (1) Seeking to obtain the purchase, or orders for the purchase, of goods, wares, merchandise, foodstuffs, services, or any kind, character or description whatever, for any kind of consideration whatever; or (2) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers, and every other type or kind of publication; or (3) Seeking to obtain gifts or contributions of money, clothing or any other valuable things for the support or benefit of any charitable or nonprofit association, organization, corporation, or project.

The provisions of this article shall not apply to those who are operating validly as hawkers or peddlers or open air vendors, or to officers or employees of the city , county , state or federal government, or any subdivision thereof, when on official business, or to neighborhood youth and students who solicit for the shoveling of snow or cutting of lawns or other services, or to milkpersons, bakery persons, insurance agents, laundry persons, and ice, oil and coal dealers; nor shall it construed to prevent route salespersons or other persons having established customers to whom they make periodic deliveries from calling upon such customers.

The provisions of this article also shall not apply to any solicitor or canvasser who is under the age of 18 years and is soliciting or canvassing for the support or benefit of any charitable or nonprofit association, organization, corporation or project, If any solicitor or canvasser is under the age of 18 years and is selling goods or periodicals for a commercial purpose, the provisions of Chapter 101, Section 34 of the General Laws , shall apply.

Sec. 8-147. Registration with the police.

It shall be unlawful for any person to solicit or canvass, for him or herself or for another person, by foot, automobile, or any other type of conveyance, from place-to-place, house-to-house or street-to-street, calling at residences without the previous consent of the occupant , without first having registered with the chief of police.

Sec. 8-148. Certificate of registration.

Application for a certificate of registration shall be made upon a form provided by the police department.

An authorized representative of the sponsoring organization shall apply to the chief of police or his/her designee either personally, between the hours of 9:00 a.m. and 2:00 p.m. from Monday through Thursday, excluding holidays, or by mail, and truthfully state in full the information requested on the application, to wit:

  1. (1) Name, address and telephone number of the sponsoring organization; (2) State and/or federal taxpayer identification number or tax-exempt number of the sponsoring organization; (3) Name, residential and business address, length of residence at such residential address, telephone number, social security number, and date of birth, of each and every representative of the sponsoring organization who will be soliciting or canvassing in the city ; (4) Description including make, model, year, color and license plate number of any vehicle to be used by the sponsoring organization or its representatives while soliciting or canvassing in the city; (5) Description sufficient for identification of the subject matter of the soliciting or canvassing in which organizations will engage; (6) Period of time for which the certificate is applied (said certification shall expire within one year of date of issue); (7) The date, or approximate date, of the latest previous application for certificate under this article, if any; (8) Any previous revocation of a certificate of registration issued to the organization by the city; (9) Any convictions for a violation of a felony under the laws of the commonwealth or any other state or federal law of the United States, within five years of the application, by the sponsoring organization or any of its representatives who will be soliciting or canvassing in the city; (10) Names of the three most recent communities where the organization has solicited or canvassed house-to-house; (11) Proposed method of operation; and (12) Signature of authorized representative of the sponsoring organization.

A photograph or an acceptable photocopy of a photograph of each representative of the sponsoring organization who will be soliciting or canvassing in the city must be attached to the application.

If the sponsoring organization is required by Chapter 68, Section 19 of the General Laws to register as a charitable organization with the commonwealth, a copy of said registration must be attached to the application.

All statements made by the applicant upon the application or in connection therewith shall be under oath. The applicant shall also produce a statement of authorization for the applicant and other representatives of the sponsoring organization to solicit or canvass on behalf of the sponsoring organization. Dates and times that the soliciting or canvassing will take place must also be provided.

No certificate of registration shall be issued to (1) any person who has been convicted of the commission of a felony under the laws of the commonwealth or any other state or federal law of the United States, within five years of the date of the application; or (2) any person who has violated any provisions of this article within five years of the date of the application; or (3) any person whose certificate of registration issued hereunder has been revoked within five years of the date of the application as herein provide.

The chief of police shall cause to be kept in his or her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this article, and of the denial of applications. Fully completed applications for certificates, shall be acted upon within three business days of receipt. No application for a certificate shall be denied provided that it satisfies the requirements of this article VI. The original copy of the application shall be given to the applicant and a duplicate copy shall be retained on file in the office of the chief of police.

When an application is approved, each solicitor or canvasser shall be issued a certificate of registration and shall at all times while soliciting or canvassing in the city carry upon his/her person the registration certificate, and the same shall be exhibited by such registrant whenever he/she is required to do so by any person solicited.

Sec. 8-149. Revocation of certificate.

Any certificate of registration issued hereunder shall be revoked by the chief of police if the holder of the certificate is convicted of a violation of any of the provisions of this article or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this article. Immediately upon such revocation, written notice thereof shall be given by the chief of police to holder of the certificate in person or by certified United States mail addressed to his or her residence address set forth in the application.

Immediately upon the giving of such notice the certificate of registration shall become null and void.

Every certificate or registration shall expire within one year from its date of issue.

The certificate of registration shall state the expiration date thereof.

Sec. 8-150. Deceptive practices.

No solicitor or canvasser registered or exempted from registering may use any plan, scheme or ruse which misrepresents the true status or mission of the person making the call in order to gain admission to a person's home, office or other establishment.

Sec. 8-151. Duty of solicitors and canvassers.

It shall be the duty of every solicitor and canvasser going onto any premises in the city to first examine whether there is a notice stating that no solicitors are welcome; if such notice is present, then the solicitor or canvasser shall immediately and peacefully depart from the premises.

Any solicitor or canvasser who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant .

Sec. 8-152. Penalties.

Any solicitor or canvasser who violates any provision of this article shall be punishable in accordance with section 1-11 or, in certain cases, by arrest as provided by Chapter 101 at the General Laws .

State law reference(s) – M.G.L.A . c. 101, § 32.

Secs. 8-153-8-165. Reserved.
ARTICLE IX. COMMERCIAL GARAGES, AUTO REPAIR SHOPS AND BODY SHOPS*
Sec. 8-166. Commercial garages, auto body shops and automobile repair shops.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed by them in this section, except where the context clearly indicates a different meaning:

Commercial garage shall mean any business in which a motor vehicle is kept or stored in a building or structure, whether temporarily or regularly, except residential structures or accessory structures thereto.

Motor vehicle shall mean an automobile, truck, motorcycle or self-propelled vehicle designed primarily to transport persons or property over public streets and highways, and shall include motorized off-road vehicles, but shall not include trailers.

Motor vehicle body shop shall mean any business of a person or firm that repairs, modifies, remodels, paints or alters in any way a motor vehicle body, or part thereof.

Motor vehicle repair shop shall mean any business of a person or firm that maintains, repairs, modifies, remodels, or alters in any way any engine or mechanical parts of a motor vehicle.

Sec. 8-167. Commercial garage, auto body shop and automobile repair shop license.
  1. (a) It shall be unlawful for any person or firm to maintain and use a building or structure for a commercial garage , motor vehicle repair shop or motor vehicle body shop , unless such person or firm has first obtained a license for such purposes from the city council .
  2. (b) When a person or firm engages in the business of operating a motor vehicle repair shop and motor vehicle body shop at the same location, a single application for the two uses may be submitted and a single license may be issued.
  3. (c) No owner of any real property shall allow any person or firm to maintain and use a building or structure for a commercial garage, motor vehicle repair shop or motor vehicle body shop on the owner's real property without the person or firm having obtained a license therefore from the city council and complying with the terms of this article.
Sec. 8-167.1. License application.
  1. (a) Applications for licenses hereunder shall be made to the city clerk on forms to be provided by the clerk. Each application shall be accompanied by a fee in an amount to be determined by the city council , which shall be retained by the city.
  2. (b) If filed by an individual, the application shall be signed by the individual; if filed by a partnership, the application shall be signed by all partners; if filed by a corporation or other organization, the application shall be signed by the president or chief officer.
  3. (c) Upon application for a commercial garage , motor vehicle repair shop or motor vehicle body shop , the city clerk shall cause notice of such application together with the location of the business, to be advertised at least seven days prior to the hearing in one or more daily newspapers, stating that a public hearing will be given by the city council or a committee thereof, at the time and place stated in such notice. Notice shall also give given by registered or certified mail return receipt requested by the applicant not less than seven days prior to the hearing, to all owners of real estate within a 300-foot radius of the land for which the application is made.
  4. (d) The costs of the advertising shall be paid by the applicant at the time of application. These costs are in addition to the filing fee described in subsection (a) of this provision.
  5. (e) After application and notice, the city council or committee thereof shall hold a public hearing at the time and place stated in the notices. At the public hearing, the city council or committee thereof will hear fully the applicant and any interested person wishing to be heard. The city council or committee thereof may limit the discussion to a reasonable length of time.
Sec. 8-167.2. License issuance.
  1. (a) In determining whether to grant a license, the city council shall consider the effect the commercial garage , motor vehicle repair shop or motor vehicle body shop will have on the neighborhood in relation to fire hazards, aesthetics, traffic, waste discharge, water, and air and noise pollution.
  2. (b) No license shall be granted unless the applicant has obtained the following: (1) A statement from the building inspector that the building or structure to be used conforms to the applicable requirements of the Somerville Zoning Ordinance and State Building Code. (2) A statement from the bureau of fire prevention that the building or structure to be used conforms to the requirements of the Fire Safety Code. (3) A certificate of occupancy issued by the inspectional services department (if applicable).
  3. (c) The applicant shall comply with all applicable federal, state, and local laws, regulations, and ordinances.
  4. (d) The city council may impose restrictions and conditions as to the operation of the business concerning hours of operation, fencing and screening, parking, vehicle storage, number of vehicles, location of outside storage, outdoor work areas, and/or restrictions and conditions which the city council decides are necessary to protect the public safety and welfare.
  5. (e) The applicant shall comply with such conditions and restrictions as may be imposed by the city council.
  6. (f) Any license granted under this article shall be posted in a conspicuous place on the premises of the licensed property.
Sec. 8-168. Transferability of license.
  1. (a) Any license granted under this article shall be a personal privilege and shall not be assignable or transferable.
  2. (b) Any license granted under this article shall allow the holder to operate only on the property address for which the license is granted. The license shall terminate upon the transfer of the business to another location.
Sec. 8-168.1. Revocation of license.

The city council may revoke or suspend any license issued under this article for any violation of any condition or restriction of the license or any violation of any applicable law, regulation, or ordinance, after giving the license holder notice and an opportunity to be heard at a public meeting.

Sec. 8-168.2. License renewal.

Any license issued hereunder shall be effective as of May 1 in each year and shall expire on April 30 of the following year. At least 30 days prior to the expiration of any license, the license holder shall apply for the renewal of the license to the city council on forms provided by the city clerk. Renewals shall be issued without the necessity of a public hearing. The filing fee for a renewal application shall be in an amount to be determined by the city council.

Sec. 8-169. Enforcement.

The provisions of this article may be enforced by the superintendent of inspectional services, by a noncriminal disposition pursuant to M.G.L.A . c. 40, § 21D. Each day on which a violation exists shall be deemed a separate offense. Any person , firm, corporation, association or other entity violating any provision of this article shall be punished in accordance with the provisions of section 1-11 .

Sec. 8-170. Additional conditions.
  1. (a) The use and occupancy of every garage shall be subject to the following conditions: (1) All vehicles, serviced by the license holder shall be serviced inside the building and not on any public or private way. All vehicles shall be stored within property lines. (2) Hours of operation shall be as established by the city council. (3) There shall be no blocking of the sidewalk or any public way with snow during snow removal periods. (4) Vehicle parking and vehicle storage limitations shall be as established by the city council. (5) Additional restrictions and conditions shall be as established by the city council, and each license will be accompanied by a list of uses and conditions to be determined by the city council.
  2. (b) If spray painting is allowed, the following conditions shall be met: exterior garage doors shall be closed while painting vehicles and painting of cars shall be done in a spray booth or spray space which conforms to 780 CMR Section 411.
  3. (c) If towing service is allowed, the following conditions shall be met: after normal business hours, service shall not take place from the employer/employee’s private dwelling and tow trucks shall be maintained at the licensed location or other suitable place and not on the public way.
Secs. 8-171-8-185. Reserved.
ARTICLE X. WALKATHONS, MARATHONS, ETC.*

*Cross reference(s) – Streets, sidewalks and other public places, Ch. 12.

Sec. 8-186. Marathons, walkathons and other endurance exhibitions.

No person shall conduct in any hall or other public place in the city any dancing exhibition or other form of public amusement such as a walkathon or marathon exhibition wherein the participants therein are permitted to engage in an endurance contest, or wherein persons engaged in such a contest continue to dance or walk or engage in said contest for more than four hours in any one day; nor shall any amusement or entertainment conducted in connection with or as a part of such dancing or walking contest be permitted after 12:00 midnight on any weekday except Saturday, on which day said walking or dancing contest or amusement or entertainment conducted in connection therewith on the premises or place of amusement shall cease at 11:45 p.m.

Sec. 8-187. Restrictions on marathons, walkathons and other endurance exhibitions.

No person shall engage in or participate in any such dancing or walking contest or in any amusement or entertainment conducted or carried on, on the premises used for said dancing or walking contest, after 12:00 midnight on any weekday except Saturday, and on Saturday not later than 11:45 p.m.; provided, however, that no person engaging in such dancing or walking contest shall be permitted to continue therein for more than four hours in any one day.

Secs. 8-188-8-200. Reserved.
ARTICLE XI. BOTTLE REDEMPTION CENTERS
Sec. 8-201. Bottle redemption centers.

No individual or business shall commence operation of a bottle redemption center as defined in Chapter 94, Section 323(e) of the General Laws without first having obtained a license to do so from the city council . Any bottle redemption center existing at the time of the adoption of this article shall [be] required to obtain a license to continue operation by July 1, 1994. All licenses issued shall be renewable on an annual basis each July 1.

Sec. 8-202. Bottle redemption center restrictions.

All licenses granted hereunder to any individual or business be subject to the following conditions and restrictions:

  1. (1) Prior to commencement of operation, any person or business intending to establish a bottle redemption center shall provide the city council , in such format as the board shall determine, information including but not limited to the following: a. The owner's name and address; b. The operator's name and address, if different from the owner ; c. The address of the redemption center; d. The anticipated number of beverage containers to be received and redeemed on a monthly basis; and e. Such information as the city council shall determine is necessary to ensure the protection of the public good. (2) In case of an existing redemption center, the information required by subsection (1) above, shall be provided to the city council, in such format as the board shall determine, with current information as to its operations each July 1. In place of section (1)d. above, an existing redemption center shall provide the city council with the number of beverage containers received and redeemed on a monthly basis.
Sec. 8-203. Public hearing.

In no case shall the license required under section 8-201 shall be granted until after a notice of the application for such license has been published in one or more newspapers of general circulation in the city for two consecutive weeks within 30 days prior to any public hearing scheduled thereon, which public hearing shall be provided for all interested persons .

Sec. 8-204. Penalties.

Every individual or business subject to this article who fails to comply with the provisions hereof shall be subject to penalty in accordance with section 1-11 for each day of noncompliance.

Secs. 8-205-8-340. Reserved.
ARTICLE XII. FORTUNETELLING*
Sec. 8-341. Definitions.

Fortunetelling shall mean the telling of fortunes, forecasting of futures, or reading the past, by means of any occult, psychic power, faculty, force, clairvoyance, cartomancy, psychometry, phrenology, spirits, tea leaves, tarot cards, scrying, coins, sticks, dice, sand, coffee grounds, crystal gazing or other such reading, or through mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy talisman, charm, potion, magnetism, magnetized article or substance, or by any such similar thing or act.

Sec. 8-342. City council authorized to license.

The city council is authorized to issue licenses to individuals for the regulation of the business of fortunetelling .

Sec. 8-343. License requirement and qualifications.

It shall be unlawful for any person to engage in the business of fortunetelling in the city without a valid license issued by the city council . Said license shall be posted in a place that is visible to all customers during their interaction with the fortuneteller.

Sec. 8-344. Application for license.

An applicant for a fortunetelling license shall file written application on a form prescribed by the city clerk. The application form shall require the applicant to provide information regarding the existence of consumer complaints against the applicant and authorization to submit to a CORI check. The fees for such license shall be set by the city council .

Sec. 8-345. Enforcement.

The inspectional services division shall enforce this article.

Sec. 8-346. Transferability of license.

No license issued under this article shall be transferable.

Sec. 8-347. Modification, suspension, or revocation.

The council may modify, suspend, or revoke fortuneteller license for cause, after reasonable notice to the licensee of the grounds for the proposed action and the time and place of the hearing regarding such proposed action.

Sec. 8-348. Expiration of license.

Unless otherwise specified in this article, each license issued under this article shall continue in force until the following April 30, unless sooner revoked.

Sec. 8-349. Renewal of license.

A license issued under this article may be renewed by the city council . An individual requesting a renewal must submit an application on a form prescribed by the city clerk. The fee for such renewal permit shall be set by the city council.

Sec. 8-350. Penalty for violation of ordinance.

Any person violating any section of this article shall be punished by a fine in accordance with Section 1-11 (b) of this Code of Ordinances. Each day on which a violation exists shall be deemed a separate offense.

Secs. 8-351-8-360. Reserved.
ARTICLE XIII. MOBILE FOOD VENDORS*
Sec. 8-361. Definitions.

[The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

Council means the City Council for the City of Somerville.

Mobile food vendor means any mobile operation that stores, prepares, packages, serves, sells, or otherwise provides for human consumption any prepared or packaged food or beverages from a truck or cart, including ice cream and non-ice cream food and beverage products.

Mobile food vendor license refers to the license to sell food issued under the authority of ARTICLE XIII of the City of Somerville’s Code of Ordinances, and refers collectively to both a) ice cream truck vendor permits and b) food vendor licenses that are issued to businesses operating from a truck or cart.

Mobile food vendor licensee means the holder of a mobile food vendor license.

The City of Somerville means the health division of the inspectional services department, economic development, police department, traffic and parking, city clerk, and fire department.

Sec. 8-362. Mobile food vendor license required.

No person or business entity, including a religious or charitable organization, shall operate as a mobile food vendor in any public, private or restricted space without obtaining a license from the health division of the inspectional services department. Said license shall be conspicuously posted in a place that is visible to all customers. This provision shall not apply to mobile food operations that receive a temporary event permit from the board of health.

Sec. 8-363. Application for a mobile food vendor license.

The applicant must complete an application form prescribed by the city clerk. The fee for such permit shall be set in accordance with G.L. c. 40, s. 22F. The operator of the vehicle must provide a valid state hawker’s license issued by the Commonwealth of Massachusetts and any applicable local board of health license before a mobile food vendor license will be issued by the City of Somerville . In the event a state hawker’s license and/or an applicable board of health license is revoked and/or does not otherwise remain in effect, the mobile food vendor license shall automatically become void. If a state hawker’s license and/or applicable board of health license is revoked and/or does not otherwise remain in effect, the licensee shall notify the city clerk that such license has been revoked and/or does not otherwise remain in effect. Failure to notify the city clerk within ten days that such license has been revoked shall constitute a violation of this article.

Sec. 8-364. Renewal.

Every mobile food vendor license may be renewed annually upon payment of a renewal fee, provided that the mobile food licensee is in compliance with applicable requirements of this article. The fee for such renewal permit shall be set in accordance with G.L. c. 40, s. 22F. The renewal of a license does not guarantee renewal of previously approved route or location.

Sec. 8-365. Criteria for issuance of license.

In considering a mobile food vendor’s application for a mobile food license, the health division of the inspectional services department, economic development, police department, traffic and parking, city clerk, and fire department shall consider the public good and general welfare and convenience of the community, and shall take into account factors such as the sort of operation proposed (including the proposed menu, days and hours of operation, and location), any impact on the community with respect to such matters as noise, traffic, congestion, odors, sanitary and waste disposal facilities, parking, dust and fumes, the impact of the character of the neighborhood and city , and whether any articulable harm would follow from granting the license. Also, the city shall consider whether a public benefit would flow from the proposed location and use, and any competitive or other impact on existing restaurants.

Sec. 8-366. Conditions of operation.
  1. (a) The issuance of a mobile food vendor license does not grant to, or entitle, the licensee the exclusive use of any service route or location, in whole or in part, other than the time and place specified in the license or permit for the term of the license or permit.
  2. (b) Mobile food vendors are encouraged to provide consumers with compostable single-service articles, such as compostable forks, and paper plates, and a waste and recycling container for their disposal. No styrofoam products are permitted. Mobile food vendors are encouraged to use energy efficient resources. All mobile food vendors shall offer a waste container for public use that operators shall empty at their own expense. All mobile food venders shall inspect adjacent streets, sidewalks and alleys within 100 feet regularly for purposes of removing any litter found.
  3. (c) Unless otherwise provided, no mobile food vendor licensee may operate outside of the hours indicated in its approved application.
  4. (d) The mobile food licensee shall comply with all applicable local rules, ordinances, and regulations, including but not limited to the board of health regulations, traffic and parking regulations, and noise ordinance.
  5. (e) Mobile food vendors are encouraged to offer at least 25 percent healthy choice meal options as defined by the health and human services department, except that menus providing only desserts/sweets or confectionary items are encouraged to offer at least one healthy option at all times of operation.
  6. (f) No materials of any kind may be placed on the public sidewalk, unless otherwise approved by the council. This includes, but is not limited to, tables, chairs, or other seating, A-frame signs, coolers, or promotional materials.
  7. (g) The licensee shall not park within 50 feet of an entrance of a restaurant unless the licensee has received written consent from the owner(s) of any restaurant(s) within 50 feet of the proposed location of a food truck.
  8. (h) No exceptions to the location, hours, or number of food trucks may be granted except upon prior notice to and written approval of the health division of the inspectional services department, traffic and parking, and economic development divisions.
Sec. 8-367. Transfers.
  1. (a) Transfers for value prohibited . A license issued under this article shall be personal to the applicant. No mobile food vendor licensee may transfer a mobile food vendor license , nor shall they sell, lend, lease or in any manner transfer a license for value. A transfer by merger, acquisition, or consolidation, or operation of law is prohibited.
  2. (b) Unauthorized transfers . Any unauthorized transfers or attempt to transfer a license shall automatically void such permit. Whoever violates this provision shall be subject to a fine pursuant to section 1-11 .
Sec. 8-368. Enforcement.
  1. (a) Fine for violation . Any mobile food vendor licensee operating in violation of any provision within this section or any other rules and regulations promulgated by the City of Somerville may be subject to a fine in accordance with subsection 1-11 (b) of this Code of Ordinances. Each day of violation shall constitute a separate and distinct offense under G.L. c. 40, s. 21D.
  2. (b) Revocation, suspension, modification . The City of Somerville may modify a mobile food vendor license , including an approved location, (i) at any time before the issuance of a mobile food vendor license, (ii) if after the issuance of such license, for cause, after reasonable notice to the licensee of the grounds for the proposed modification and the time and place of the hearing regarding such proposed modification. The health division of the inspectional services department may suspend, revoke, or decline to renew a mobile food vendor license for cause, after reasonable notice to the licensee of the grounds for the proposed action and the time and place of the hearing regarding such proposed action.
  3. (c) Enforcement . The provisions of this section or any rules and regulations promulgated by the City of Somerville may be enforced by the police department, traffic and parking or inspectional services.
Sec. 8-369. Additional conditions and restrictions.

The terms of every mobile food vendor license issued pursuant to this section shall be subject to such further restrictions and conditions as the City of Somerville shall impose.

Sec. 8-370. Applicability of mobile food truck vendor provisions.

This article shall not apply to a food truck vendor who lawfully operated under a hawker and peddler license at the time of the enactment of the mobile food vendor ordinance.

Sec. 8-371. Appeals.

The City of Somerville Hearing Officer shall review vendor violation appeals and establish rules and regulations as appropriate.

ARTICLE XIV. CONSTRUCTION AND DEMOLITION SAFETY REQUIREMENTS
Sec. 8-375. Definitions.

For the purposes of this article, the following definitions apply:

Director means the director of the Inspectional Services Department (“ISD”) or their designee.

Demolition means the act of pulling down, destroying, removing, moving, or razing a building.

OSHA means the federal Occupational Safety and Health Administration, the agency charged with ensuring safe and healthful working conditions for workers by enforcing workplace safety standards and by providing training, outreach, education, and assistance to private employers.

OSHA 10-hour certification means a basic safety program authorized by OSHA that trains workers and employers on recognition, avoidance, abatement, and prevention of safety and health hazards in the workplace.

Site safety plan means a project-specific safety plan outlining measures which will be taken to comply with OSHA standards for the duration of construction or demolition work at a worksite.

Site safety coordinator means a person , designated by the owner , agent, construction manager, or general contractor , at a construction or demolition project who has at least an OSHA 10-hour certification .

Sec. 8-376. Purpose.

The purpose of this article is to ensure that all construction and demolition operations in the city are conducted in a manner that protects the health, welfare, and safety of those involved in construction or demolition operations in the city. No provision of this article requires ISD, or any other city entity, to interpret or enforce any existing OSHA health and safety regulation that governs the safety of persons employed in construction or demolition operations.

Sec. 8-377. Applicability.

This article applies to all construction and demolition operations in the city , except for those with a homeowner licensure exemption under 780 CMR 110.R5.1.3.1.

Sec. 8-378. Responsibility for safety.

Nothing in this article shall be construed to relieve persons engaged in construction or demolition operations from complying with existing OSHA safety regulations or other applicable provisions of law, nor is it intended to alter or diminish any obligation otherwise imposed by law on any party engaged in a construction or demolition operation, including the owner , construction manager, general contractor , sub-contractors, material men, registered design professionals, or other party to engage in sound design and engineering, safer construction or demolition practices, including debris removal, and reasonable and responsible behavior to maintain a safe construction or demolition site.

Sec. 8-379. Site safety plan required.

Except for those exemptions defined under § 8-377, no permit for the construction , alteration, or demolition of any structure subject to the requirements of this article shall be issued until a site safety plan has been submitted to, and approved by, ISD.

  1. (1) Amended site safety plan: safety measures shall be implemented in accordance with the approved site safety plan, and any changes made during construction that are not in compliance with the approved site safety plan shall be resubmitted for approval as an amended site safety plan. ​​​​​​
Sec. 8-380 Site safety coordinator required.
  1. (a) Site safety coordinator to be designated: For a permit which requires an approved site safety plan prior to issuance under § 8-379, the owner , agent, construction manager, or general contractor shall designate at least one site safety coordinator for the construction or demolition project, and shall provide ISD with the identity of the coordinator and a copy of the coordinator’s OSHA 10-hour certificate prior to issuance of a permit.
  2. (b) Site safety coordinator’s duties: The site safety coordinator shall monitor compliance with the site safety plan and perform all other safety duties assigned by the owner or general contractor to meet legal requirements. (1) Presence at the site: for the construction or alteration of a building , a site safety coordinator shall be present at the site during all times while active work is occurring and through all phases of work, beginning with excavation and continuing until the building is enclosed and all temporary protective measures are removed. For the demolition of a building, a site safety coordinator shall be present at the site during all times while active work is occurring and through all phases of work, beginning with the removal of any glass, asbestos, or façade and, for a full demolition, continuing until the site has been back filled to grade, or, for a partial demolition, until the building is enclosed and all temporary protective measures are removed.
Sec. 8-381 Policies and procedures.

The director may establish policies and procedures to implement the provisions of this section.

CHAPTER 9 OFFENSES AND MISCELLANEOUS PROVISIONS*

*Charter reference(s) – Power of city council to set penalties for violation of ordinances, § 17(3).

Cross reference(s) – Penalties and violations, § 1-11 ; police, Ch. 10.

State law reference(s) – Crimes and punishments, M.G.L.A . c. 263-274.

ARTICLE I. IN GENERAL
Sec. 9-1. Alcoholic beverages in public places.
  1. (a) No person shall give, sell, deliver, have in his or her possession either in an open or unopened container, or consume any alcoholic beverage in a public park, playground, rest area, school grounds, recreational area, swimming pool or skating rink located within the city . Persons violating the provisions of this subsection shall have confiscated both those opened and unopened containers in their possession. (1) The above prohibition in subsection (a) shall not apply to public events in or upon a public park or recreational area, excepting athletic fields, where prior written consent has been issued by way of a license from the city council , a license has been issued by the Somerville Licensing Commission to serve alcoholic beverages to the extent required by law, and provided that no disturbance or annoyance is created thereby.
  2. (b) No person shall give, sell, deliver or consume any alcoholic beverage, including but not limited to beer and wine, on any street nor shall any person have in his or her possession an open container containing such beverage on any street, unless said person (1) is a licensed common victualler that has been granted a permit to place and maintain outdoor seating on a public sidewalk (section 12-14 ) and is duly permitted by the Somerville Licensing Commission to serve alcoholic beverages with food, at outdoor seating, or is a patron thereof, or (2) is licensed to conduct a festival, fiesta, street fair or any similar event (section 8-14 (a)) and is permitted by the Somerville Licensing Commission to serve alcoholic beverages within the boundaries of said event, or is a patron thereof. For purposes of this subsection a container shall be deemed open, regardless of its closed or capped condition if the original sealant of the bottler has once been broken.
  3. (c) No person shall give, sell, deliver, consume or have in his or her possession in an opened container any alcoholic beverage in the common areas of the city housing authority projects. Common areas shall include, but not be limited to, hallways, stairwells, front steps, basements, rooftops, sidewalks, parking areas, roadways and park areas.
  4. (d) Any person violating any provision of subsection (c) of this section shall have confiscated such containers in his or her possession by the police department or other person authorized with police powers by law and be fined in accordance with section 1-11 .

Cross reference(s) – Streets, sidewalks and other public places, Ch. 12.

State law reference(s) – Gift, sale, delivery or possession of alcoholic beverages on public school grounds prohibited, M.G.L.A . c. 272, § 40A.

Sec. 9-2. Sale of alcoholic beverages to persons under 21.
  1. (a) It shall be unlawful for any person , business, corporation, or partnership to sell or cause to be sold to any person under the age of 21 years any low or nonalcoholic beer or wine or any beverage with any alcoholic content, however much reduced.
  2. (b) Whoever violates any provision of this section shall be fined in accordance with section 1-11 .
Sec. 9-3. Marijuana in public places and businesses.
  1. (a) No person shall give, sell, deliver or consume marijuana or tetrahydrocannabinol in a public park, playground, rest area, school grounds, recreational area, swimming pool, skating rink, or in the common areas of city housing authority projects, and further, no person shall consume marijuana within 50 feet of the aforementioned public places. For the purposes of this section, “common areas” shall include, but not be limited to, hallways, stairwells, front steps, basements, rooftops, sidewalks, parking areas, roadways, and park areas.
  2. (b) No person shall sell or deliver marijuana or tetrahydrocannabinol, unless licensed by the Licensing Commission and the Commonwealth of Massachusetts Cannabis Control Commission and also permitted under Sections SZO 7.15 or 7.16.
  3. (c) Any person violating any provision of this section shall have confiscated any marijuana or tetrahydrocannabinol in his or her possession by the police department or other person authorized with police powers by law and be subject to a fine in accordance with section 1-11 .
Secs. 9-4-9-15. Reserved.
ARTICLE II. OFFENSES AGAINST GOVERNMENTAL FUNCTIONS*

*Cross reference(s) – Obstruction of fire prevention bureau personnel, § 5-10 .

State law reference(s) – Crimes against public justice, M.G.L.A . c. 268.

Sec. 9-16. Disorderly conduct in council chambers.
  1. (a) No person shall behave in a rude or disorderly manner, or use any indecent, profane or insulting language at public meetings of the city council , in the council chambers.
  2. (b) Violation of the provisions of this section is subject to a penalty in accordance with section 1-11 .

State law reference(s) – Disturbing public meetings, M.G.L.A . c. 272, §§ 38, 40.

Sec. 9-17. Signs in council chambers.
  1. (a) No person shall display, carry, post or affix any signs, banners, posters, notices or effigies at public meetings of the city council , in the council chambers, where they may endanger the safety of the public.
  2. (b) Violations of the provisions of this section are subject to a penalty in accordance with section 1-11 .
Secs. 9-18-9-24. Reserved.
ARTICLE III. OFFENSES AGAINST THE PERSON*

*S tate law reference(s) – Crimes against the person , M.G.L.A . c. 265.

DIVISION 1. GENERALLY
Sec. 9-25. Banning the usage of facial recognition surveillance technology.
  1. (a) Definitions . (1) Face surveillance shall mean an automated or semi-automated process that assists in identifying or verifying an individual, based on the physical characteristics of an individual's face. (2) Face surveillance system shall mean any computer software or application that performs face surveillance. (3) Somerville shall mean any department, agency, bureau, and/or subordinate division of the City of Somerville. (4) Somerville official shall mean any person or entity acting on behalf of the City of Somerville, including any officer, employee, agent, contractor, subcontractor, or vendor.
  2. (b) Ban on government use of face surveillance . It shall be unlawful for Somerville or any Somerville official to obtain, retain, access, or use: (1) Any face surveillance system; or (2) Any information obtained from a face surveillance system.
  3. (c) Enforcement . (1) Suppression. No data collected or derived from any use of face surveillance in violation of this ordinance and no evidence derived therefrom may be received in evidence in any proceeding in or before any department, officer, agency, regulatory body, legislative committee, or other authority subject to the jurisdiction of the City of Somerville. (2) Cause of action. Any violation of this section constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandamus in any court of competent jurisdiction to enforce this section. An action instituted under this paragraph shall be brought against the city and, if necessary to effectuate compliance with this section, any other governmental agency with possession, custody, or control of data subject to this section. (3) The city will address alleged violations of this section in accordance with its usual practices, applicable law and contractual obligations. (4) Nothing in this section shall be construed to limit any individual's rights under state or federal law.
Secs. 9-26-9-30. Reserved.
DIVISION 2. WAGE THEFT
Sec. 9-31. Wage theft.
  1. (a) The city may deny an application for a license or permit if, during the five-year period prior to the date of the application, the applicant admitted guilt or liability or has been found guilty, liable, or responsible, in a judicial or administrative proceeding, of committing a violation of: (1) Commonwealth of Massachusetts Payment of Wages Law, M.G.L c. 149, Section 148, or other state or federal law regulating the payment of wages, including M.G.L. c. 149, §§ 27, 27G, 27H, 52D, 148A, 148B, 150C, 152, 152A, 159C, c. 151, §§ 1, 1A, 1B, 15, 19, and 20, and 29 U.S.C. § 201 et seq; or, (2) The Fair Debt Collection Practices Act, 15 U.S.C. §1692, or other state or federal law regulating the collection of debt, as to the employees of the applicant or others who had performed work for the applicant.
  2. (b) A license or permit issued by the city may be revoked or suspended if, during the five years prior to the issuance of the license or permit, the licensee or permittee admitted guilt or liability, or has been found guilty, liable, or responsible in a judicial or administrative proceeding, of committing a violation of the laws set forth in §9-31(a).
  3. (c) The city may not issue a license or permit to a licensee, permittee, or person who is the principal of a license or permit for one year after being denied an application for a license or permit, or after revocation or non-renewal of a license or permit, pursuant to §9-31(a) or (b).
  4. (d) Within fourteen days after the date that the notice of refusal to issue, refusal to renew, or revocation is mailed to an applicant, licensee, or permittee, the applicant, licensee, or permittee may appeal the refusal to issue, refusal to renew, or revocation by filing a written notice of appeal setting forth the grounds for appeal. The applicant, licensee, or permittee shall send the notice of appeal by certified mail, return receipt requested. The body or individual who made the decision not to issue, not to renew, or to revoke, shall hold a hearing within 30 days after receipt of a notice of appeal.
  5. (e) An applicant for a license or permit shall be provided with a copy of the wage theft ordinance and shall certify that they have not been found guilty, liable, or responsible, in a judicial or administrative proceeding, of committing a violation of the laws set forth in §9-31(a).
  6. (f) Application of this section is subject to relevant state or federal law.
Secs. 9-32, 9-33. Reserved.
Sec. 9-34. Definitions.

For the purpose of this division, the following definitions apply, except where the context clearly indicates a different meaning:

Administrative citation means a civil citation issued by the attorney general pursuant to M.G.L. c. 149 § 27C, a civil citation issued by the Department of Labor pursuant to 29 U.S.C. § 201 et seq., 29 C.F.R. § 578, or other civil citation for violation of M.G.L. c. 149, c. 151, or 29 U.S.C. § 201 et seq., issued by a federal, state, or local administrative agency.

Application means an initial application for, or renewal of, a license or permit.

City contract or means an employer who holds or seeks to hold a contract for goods, services, or labor with the city.

Debarment means a determination by state or federal authority that the vendor or business can no longer bid or otherwise participate in public contracts, made pursuant to M.G.L. c. 29, § 29F, c. 30, § 39R, c. 149, §§ 27C, 44C, and 148B, c. 152, § 25C, 29 U.S.C. § 201 et seq., 29 C.F.R. § 578, or other state or federal statute.

EACC means the Economic Assistance Coordinating Council, as established by M.G.L. c. 23A, § 3B.

Employ , including as used in the term “employment”, means to suffer or permit to work.

Employer means a person or business, incorporated or unincorporated, who suffers or permits another to work in the city, under contract to which the city or one of its departments is signatory, or who otherwise maintains a commercial presence in the city . This definition excludes the United States as a corporation wholly owned by the government of the United States, and the Commonwealth of Massachusetts, its subdivisions, and corporate bodies.

Employee means a person who performs work for an employer.

Minimum w ag e means a minimum hourly pay rate as defined in M.G.L. c. 151, § 1, as well as any other state or federal statute or regulation establishing a minimum fair wage for particular occupations or classes of employees.

Overtime means time worked in excess of forty hours per week as defined by M.G.L. c. 151, § 1A, and 29 U.S.C. § 201 et seq.

Prevailing w age means a special minimum hourly pay rate for certain professions as defined by M.G.L. c. 149, §§ 26-27H.

Stop work orde r means an order to cease work due to failure to provide for payment of compensation as required by M.G.L. c. 152, §§ 25A and 25C, and 452 C.M.R. § 8.01 et seq.

Tax increment financing ("TIF") agreement means an agreement between a municipality and a real property owner, as defined by M.G.L. c. 23A, § 3A, c. 40, § 59, and 760 C.M.R. 22.00 et seq.

Timely p ayment of w ages means payment of wages at regular intervals as established by M.G.L. c. 149, § 148.

Wage t heft means a failure by an employer, their officers, agents, or employees to: (A) make a timely or complete payment of wages; (B) pay the minimum wage or prevailing wage; or, (C) pay overtime earned and owing to an employee.

Sec. 9-35. Wage theft advisory committee.
  1. (a) There shall be established a wage theft advisory committee ("the committee") charged with informing the City Council on the status of wage theft enforcement in the city, coordinating with the attorney general to combat wage theft in the city, reviewing wage theft complaints, and conducting education and outreach to employers and employees regarding wage theft. (1) The committee shall consist of nine members. The city council president or their designee and the mayor or their designee shall serve by virtue of their office. Four members shall be representatives of unions, two members shall be representatives of local non-profit or advocacy organizations, and one member shall be a representative of a local business organization. Members shall be nominated by the city council president and approved by the City Council. (2) Initial appointments to the committee, except for the city council president and the mayor or their designees, shall be staggered, with three members appointed for a term of one year, two members appointed for a term of two years, and two members appointed for a term of three years. Subsequent members of the committee shall be appointed for a term of three years. (3) The committee shall annually elect a chair from among its members.
  2. (b) Committee duties: (1) The committee shall meet at least once every two months to review wage theft complaints, produce educational materials for employers and employees, and discuss the state of, and means to combat or mitigate, wage theft. (2) The committee shall coordinate with the Office of the Attorney General regarding issues of wage theft in the city and complaints involving employers in the city. (3) The committee shall provide an annual report to the City Council detailing all wage theft complaints received and action taken in response, including the status or final disposition of each complaint, where available. The report shall also include civil and criminal judgments issued by state and federal courts, administrative citations , and final administrative orders, including debarments , against employers pursuant to M.G.L. c. 149 and M.G.L. c. 151, if known. (4) The committee shall offer education, guidance, and referrals to employees affected by wage theft in the city.
  3. (c) Conflict of interest: A member of the committee may not participate in any proceeding concerning a party in which the member or their immediate family has a direct or indirect financial interest.
Sec. 9-36. Wage theft complaint process.
  1. (a) A city department shall immediately forward to the committee information regarding an allegation of a violation of the laws set forth in § 9-31 (a) of which the department is notified.
  2. (b) Whenever the committee receives information regarding an allegation of a violation of the laws set forth in § 9-31 (a) by a city contractor, licensee, or permittee within the city, the committee shall: (1) provide information to the complainant regarding submitting a complaint to the Office of the Attorney General, the Department of Labor, or other appropriate agency; (2) maintain a record of the complaint for inclusion in the committee's annual report; and, (3) coordinate with the Office of the Attorney General, the Department of Labor, or other agency to receive notice of final action on the complaint.
  3. (c) Whenever the committee receives notice of final action on a complaint where a city contractor or licensee or permittee admitted guilt or liability, or has been found guilty or liable, in a judicial or administrative proceeding of committing a violation of the laws set forth in § 9-31 (a), the committee shall notify the city purchasing agent, the Licensing Commission, the Inspectional Services Department, and the City Council. (1) For a complaint pertaining to work performed at a property subject to a tax increment financing agreement, the committee shall also notify the Economic Assistance Coordinating Council.
Sec. 9-37. Requirements for city contractors.
  1. (a) RFP, bid and successful bidder requirements: (1) A request for proposals ("RFP") or bid solicited by the purchasing agent shall include the certification and disclosure requirements imposed by this section. (2) An RFP or bid solicited by the purchasing agent shall include a notification that: (A) A bidder has an affirmative duty to report and provide a copy to the Purchasing Department of any criminal or civil judgment, administrative citation , or final administrative determination resulting from a violation of the laws set forth in § 9-31 (a) against the bidder or its subcontractors entered within the five years prior to bid submission. (B) A bidder has an affirmative duty to report and provide a copy to the Purchasing Department of any debarment against the bidder or its subcontractors in effect while its bid is pending to the city . (C) If a bidder is successful that they and their subcontractors have an affirmative duty to report to the Purchasing Department any criminal or civil judgement, administrative citation, final administrative determination, order, or debarment against the bidder or its subcontractors while their contract with the city is in effect, within five business days of receipt. (D) A bidder may not contract with the city if they have been either voluntarily or involuntarily debarred by the federal government, an agency of the Commonwealth of Massachusetts, or other state for the entire term of the debarment. (E) A bidder may not use a subcontractor who has been debarred by the federal government, an agency of the Commonwealth of Massachusetts, or other state for the entire term of the debarment. (3) A bidder that is subject to debarment for violation of the laws set forth in § 9-31 (a) or other state or federal laws regulating the payment of wages , either voluntarily or involuntarily, or that has been prohibited from contracting with the Commonwealth of Massachusetts or its agencies or subdivisions shall be deemed not responsible and their bid or proposal shall be rejected. They shall be deemed not responsible for the entire term of debarment or other stated time period. During the term of a contract, upon a finding or order of debarment or prohibition, the city may terminate the contract. (4) A successful bidder must agree to post notice in accordance with M.G.L. c. 151 § 16 in a conspicuous location accessible to all of their employees in English and the primary language of the employees at the particular workplace. If not all employees would have reasonable access to the notice if posted in a single location by the successful bidder, then the successful bidder must inform the purchasing agent or other city department of the number and location of postings in order to ensure that the successful bidder provides reasonable notice to all of their employees. The successful bidder must also agree to make those additional postings.
  2. (b) Certification and disclosures: The purchasing agent entering into contracts on behalf of the city shall adopt certification and disclosure requirements for all bidders providing that a bidder certify to the city that neither the bidder nor their subcontractors have been subject to a criminal or civil judgment, administrative citation, final administrative determination, order, or debarment resulting from a violation of the laws set forth in § 9-31 (a). (1) In the alternative, the bidder shall disclose to the purchasing agent any criminal or civil judgment, administrative citation, administrative determination, or debarment and include a copy of the same in their application. If a judgment, citation or final administrative order has been issued against a bidder within five years prior to its bid, the bidder must provide a copy of the same, in addition to documentation demonstrating that all damages, fines, costs, and fees have been paid. In addition, the city may require the bidder to post a bond, to be maintained for the life of the contract, as specified by §9-37(d).

The purchasing department, when issuing an RFP or bid, shall notify bidders that they have an affirmative duty to report any criminal or civil judgment, administrative citation, final administrative determination, order, or debarment against them or their subcontractors resulting from a violation of the laws set forth in § 9-31 (a) and occurring while the contract is in effect to the department within five business days of receipt.

  1. (c) Reporting and notice requirements: (1) If not already stipulated in the contract terms or otherwise required by law, upon request by the purchasing agent, a city contractor shall furnish their monthly certified payroll to the city official requesting such payroll report for all employees working on a city contract. (2) A city contractor shall furnish to the purchasing agent any criminal or civil judgment, administrative citation, final administrative determination, order, or debarment related to wage theft and issued during the term of their contract with the city against the city contractor or its sub-contractors within five business days of receipt. (3) To the extent required as set forth at subsection (d) below, a city contractor shall maintain a wage bond for the term of the contract with the city.
  2. (d) Wage bond: (1) A recipient of a city contract within the scope of §9-37 that has disclosed a criminal or civil judgment, administrative citation, final administrative determination, order, or debarment resulting from a violation of the laws set forth in § 9-31 (a) or other state or federal law regulating the payment of wages within five years prior to the date they submit their application, or city contractor granted a contract who becomes subject to a federal or state criminal or civil judgment, administrative citation, final administrative determination, order, or debarment resulting from a violation of the laws set forth in § 9-31 (a) above or other state or federal law regulating the payment of wages during the term of the contract, shall be required by the city to obtain a wage bond or other form of suitable insurance in an amount of no less than $25,000 and up to a maximum aggregate of one year's gross wages for all employees employed on a specific city project, based on an average of its total labor costs for the past two years. Such bond must be maintained for the term or extension of contract, and proof of such bond must be provided upon request by the city. Failure to comply with this subsection may constitute grounds for modification, suspension, or revocation of the contract pursuant to subsection (e). (2) The purchasing agent shall communicate to the City Council when a wage bond is required for the recipient of a city contract, and the city Council may review and reject the award of a contract to a contractor required to obtain a wage bond by a vote of eight city councilors. (3) The bond shall be held by the city and shall be conditioned that the contract recipient shall fulfill the payment to its employees of any final judgment, settlement agreement, or other decision ordering the payment of wages. If, within fourteen days after demand for the bond, the contract recipient fails to deposit the bond, the city may suspend, revoke, or deny the contract until the bond has been properly deposited with the city.
  3. (e) Sanctions for violations: If a city contractor is found to be in violation of the laws set forth in § 9-31 (a), or this division, and therefore, in breach of its contract with the city, the city may revoke or suspend the contract, or impose conditions on future contracts with the contractor, including the posting of a wage bond and other reasonable requirements.
Sec. 9-38. Requirements for licenses and prospective licensees.
  1. (a) Requirements for applicants: An application to the Licensing Commission for a license issued pursuant to M.G.L. c. 138 or M.G.L. c. 140 may be denied if, during the five year period prior to the date of the application, the applicant has been subject to a federal or state criminal or civil judgment, administrative citation , order, debarment , or final determination resulting from a violation of the laws set forth in § 9-31 (a) or other state or federal laws regulating the payment of wages . An applicant shall certify that they have not been found guilty, liable , or responsible, in the past five years, in a judicial or administrative proceeding, for a violation .
  2. (b) Requirements for licensees: A license issued by the Licensing Commission under M.G.L. c. 138 or M.G.L. c. 140 to an employer may be modified, suspended , or revoked if, during the term of the license, the licensee employer has been subject to a criminal or civil judgment, administrative citation, final administrative determination, order, or debarment resulting from a violation of the laws set forth in § 9-31 (a) , or other state or federal laws regulating the payment of wages.
  3. (c) Posting notice of violation: A licensee who has been subject to a federal or state criminal or civil judgment, administrative citation, order, debarment, or final determination resulting from a violation of the laws set forth in § 9-31 (a) or other state or federal laws regulating the payment of wages shall post a notice of violation, using a form provided by the city, and display it in a conspicuous and accessible location, in English and the primary language of the employees at the particular workplace. The posting shall remain in place until the terms of the criminal or civil judgment, administrative citation, order, debarment, or final determination are satisfied in full, including related fees and penalties. A licensee who fails to post notice required by this subsection shall be subject to a fine of up to $300. Each day that a violation exists shall constitute a separate offense.
  4. (d) Conciliation process: The Licensing Commission may provide a conciliation process for a licensee who has been subject to a federal or state criminal or civil judgment, administrative citation, order, debarment, or final determination resulting from a violation of the laws set forth in § 9-31 (a) or other state or federal laws regulating the payment of wages. At the request of the licensee and their employees, the Licensing Commission shall, as an alternative to suspension or revocation of a license pursuant to §9-38(b), accept a compliance plan to satisfy a penalty imposed by a criminal or civil judgment, administrative citation, order, debarment, or final determination. Upon notice that a licensee has failed to adhere to a compliance plan, the Licensing Commission may suspend or revoke the license pursuant to §9-38(b).
  5. (e) Wage bond: (1) An applicant who has disclosed a federal or state criminal or civil judgment, administrative citation, order, debarment, or final determination resulting from a violation of the laws set forth in § 9-31 (a) or other state or federal laws regulating the payment of wages within five years prior to the date they submit their application, or a licensee granted a license who becomes subject to a federal or state criminal or civil judgment, administrative citation, order, debarment, or final determination resulting from a violation of the laws set forth in § 9-31 (a) or other state or federal laws regulating the payment of wages during the term of the license may be required by the city to obtain a wage bond or other form of suitable insurance of at least $25,000, up to a maximum aggregate of one year's gross wages for all employees, based on an average of the licensee's total labor costs for the prior two years. Such bond shall be maintained for the terms of the license and proof of the bond shall be provided upon request by the city. If a licensee fails to obtain a bond as required by this subsection, the Licensing Commission may modify, suspend, or revoke the license pursuant to §9-38(b). (2) The bond shall be held by the city and shall be conditioned that the licensee or applicant shall fulfill the payment to its employees of any final judgment, settlement agreement, or other decision ordering the payment of wages. If, within fourteen days after demand for the bond, the licensee or applicant fails to deposit the bond, the city may suspend, revoke, or deny the license or application until the bond has been properly deposited with the city.
Sec. 9-39. Requirements for tax increment financing agreements.
  1. (a) Minimum mandatory conditions: In addition to other conditions required in connection with tax increment financing or housing development exemption relief granted by the city , each tax increment financing agreement and each housing development exemption agreement entered into between the city and the recipient of such relief shall require that: (1) A property owner shall submit to the city a list of contractors expected to work on a project as part of its request for tax relief. The list shall include the name of the primary contact, the contractor's address, and a phone number or email address. The property owner shall provide to the city a final list of contractors engaged to work on the project within thirty days after the conclusion of the project. (2) A construction manager, contractor or subcontractor , or other entity operating in a similar capacity engaged to perform construction work during the term of an agreement on property that is the subject of the agreement : (A) Has not been subject to a federal or state criminal or civil judgment, administrative citation, order, debarment or suspension from performing construction work, or final determination resulting from a violation of the laws set forth in § 9-31(a) or other state or federal laws regulating the payment of wages in the five years prior to entering into the agreement. (B) Shall maintain appropriate industrial accident insurance sufficient to provide coverage for all employees on the project in accordance with M.G.L. c. 152 and provide proof of such coverage as part of the application process, or to the Inspectional Services Department prior to commencing any work. (C) Shall submit certified payrolls the city monthly, on a form provided by the city to include the full name, address, identifying number, gender, and race of each employee, and which tabulates hours worked for women, people of color, and residents of the city. (D) Shall ensure that each employee entering or leaving the project completes a daily sign-in/out log and provide the log to the city on a monthly basis. The log shall include: the location of the project; current date; printed employee name; signed employee name; name of the employer; and, the time of each entry or exiting.
  2. (b) Revocation of certification: In the event of failure to adhere to the above requirements, the city may petition the appropriate state agency or body for revocation of tax increment financing or housing development exemption certification . Upon revocation of certification , the tax relief provided by the agreement shall be terminated and the property owner shall pay to the city an amount equal to the value of the tax relief already received under the agreement.
  3. (c) Appeal of revocation: In the event a property owner challenges the termination of tax relief provided by an agreement or the revocation by the state of certification, the owner shall set aside in an escrow account an amount equal to the full amount of the tax savings that previously would have accrued under the agreement while any such challenge remains pending. The property owner shall have a continuing obligation to contribute to the escrow account amounts equal to the additional tax savings that accrue under the agreement while the challenge remains pending. The owner shall promptly provide to the city with documentation of its compliance with this obligation. The conditions of the escrow account shall provide that, in the event the property owner is unsuccessful in its challenge, the funds in the account shall be paid to the city. The owner’s obligations under this subsection shall be judicially enforceable. Residents of the city shall be considered third party beneficiaries of the agreement for the purposes of enforcing the above provisions in a civil proceeding brought by ten or more residents .
Sec. 9-40. Municipal construction contracts.

Whenever the city procures construction services subject to the provisions of M.G.L. c. 149, c. 149A, or c. 30, § 39M, the provisions of § 9-37 of this division shall apply. In addition, the following shall be incorporated into the procurement documents and made part of the specifications and contract. Any person , company, or corporation shall acknowledge, in writing , receipt of these requirements with their bid or proposal.

  1. (1) Conditions for bidders: A bidder, proposer, contractor, and subcontractor shall, as a condition for bidding, contracting, or subcontracting, verify under oath and in writing at the time of bidding, responding to an RFP, or in any event prior to entering into a contract or subcontract, that they: (A) Have not been subject to a federal or state criminal or civil judgment, administrative citation, order, debarment or suspension from performing construction work, or final determination resulting from a violation of the laws set forth in § 9-31 (a) or other state or federal laws regulating the payment of wages in the five years prior to the submission of the bid; (B) Shall maintain appropriate industrial accident insurance sufficient to provide coverage for the employees on the project in accordance with M.G.L. c. 152 and provide proof of coverage accompanying their bid; (C) Shall submit weekly certified payrolls to the city on a form provided by the city to include the full name, address, identifying number, gender, and race of each employee, and which tabulates hours worked for women, people of color, and residents of the city; and, (D) Shall ensure that each employee entering or leaving the project completes a daily sign-in/out log and provide the log to the city on a weekly basis. The log shall include: the location of the project; current date; printed employee name; signed employee name; name of employer; and, the time of each entry or exiting. The log shall contain a prominent notice that employees are entitled under state law to receive the prevailing wage rate for their work on the project.
  2. (2) Conditions for contractors: All bidders , proposers , contractors, and subcontractors who are awarded or who otherwise obtain contracts on a project subject to M.G.L. c. 149, § 44A(2), c. 149A, or c. 30, § 39M shall comply with the o bligations set forth in this section for the duration of their work on the project. A contract or agreement between a contractor and subcontractor shall require compliance with the obligations set forth in this section . An officer of a contractor shall certify under oath and in writing at each payment requisition submission that they are in compliance.
  3. (3) Sanctions for violations: A bidder, proposer, contractor, or subcontractor who fails to comply with the obligations set forth in this section or any other requirements in bid or contract documents may, at the discretion of the city, be subject to withholding of payment due under contract or subcontract pending compliance, permanent removal from further work on the project , or liquidated damages payable to the city in the amount of five percent of the dollar value of the contract. A bidder, proposer, contractor, or subcontractor shall be liable for the violations of its subcontractor with the exception of a violation arising from work performed pursuant to a subcontract that is subject to M.G.L. c. 149, § 44F. A contractor or subcontractor that has been determined by the city to have violated the obligations set forth in this section shall be deemed not responsible with respect to bids for work on future projects for six months following a first violation, three years following a second violation, and permanently following a third violation.
Sec. 9-41. Successors in interest.
  1. (a) The requirements of this division, including any sanctions imposed, that are applicable to an employer shall also be applicable to, and effective against, a successor employer that: 1. ​​​​​​has at least one principal or officer in common with the prior employer; and, 2. is engaged in the same or equivalent trade or activity as the prior employer.
Sec. 9-42. Severability.

If any provision of this division, or the application of such provision to any person or circumstances, shall be enjoined or held to be invalid, the remaining provisions of this division, or the application of such provisions to persons or circumstances, other than that which is enjoined or held invalid shall be not affected thereby.

Secs. 9-44, 9-45. Reserved.
ARTICLE IV. OFFENSES AGAINST PROPERTY*
DIVISION 1. GENERALLY
Sec. 9-46. Vandalism and damage to public property.

No person , unless duly authorized, shall injure, deface or destroy any tree, shrub, plant, statue, fountain, vase, guidepost, guideboard, lamppost, lamp, lantern, building, fence, post or other structure or ornament or utility, in a street, park, or other public place.

Sec. 9-47. Graffiti and damage to property.

No person shall make any indecent figure, or write any indecent or obscene word upon, or mar, disfigure or deface any fence, buildings or other structure in any public place.

Cross reference(s) – Fire alarm signal boxes, § 5-7 ; interference with water system, § 11-121 ; damaging water meters, § 11-122 .

Sec. 9-48. Signs and posters on public property.
  1. (a) No person shall attach or cause to be attached a sign, placard, notice or any other thing to a tree, pole, post or other structure in a public park, public way or public boulevard.
  2. (b) No person shall post, affix, paint or write any placard, poster, notice, advertisement or bill upon curbstone or sidewalk, or upon any tree, pole, post or other structure in any street, park or other public place, or upon any building or other property belonging to the city , without the consent of the mayor , unless authorized by law or ordinance.

Cross reference(s) – Leafleting and handbills, § 12-4 .

Sec. 9-49. Signs and posters on private property.

No person shall post, affix, paint or write any placard, poster, notice, advertisement or bill upon a fence, wall, building, post or tree, without the previous consent of the person owning or having possession of such fence, wall, building, pole, post or tree.

Sec. 9-50. Tampering with signs and posters.

No person , at any time prior to the event of which notice is given upon any placard, poster, notice, advertisement or bill, previously posted, affixed, painted, printed or written , shall cover or conceal, mutilate, destroy or remove the same or any part thereof.

Sec. 9-51. Protection of trees.

No person , unless duly authorized, shall climb by the use of spurs, or otherwise injure, pierce, tear, cut, deface or destroy a tree or any branch thereof standing in any street, park, or other public place, or attach a sign, cross bar, wire, or other fixture, except a tree protector, to any such tree.

Cross reference(s) – Fastening animals to trees, § 3-1 .

State law reference(s) – Malicious injury of trees and fences, M.G.L.A . c. 266, § 114.

Secs. 9-52-9-55. Reserved.
Sec. 9-56. Vegetation and wood on private property.
  1. (a) No person in control of any property abutting a sidewalk or public right-of-way shall allow to remain uncut any overgrowth of grass, shrubs, and weeds growing in or around such sidewalk or public right-of-way.
  2. (b) All persons in control of property shall maintain such property free of vegetation that is infested with rodents, vermin, other dangerous insects or other animals, conceals pools of stagnant water conducive to the breeding of mosquitoes, or creates a fire hazard.
  3. (c) No person in control of property shall store, place, or permit to be stored or placed any wood out of doors in a manner which may reasonably provide rodents or other animals with harboring places.
  4. (d) No person in control of any property shall allow to remain any decayed, dead, or hazardous trees or tree limbs potentially injurious to the public health and safety or property.
  5. (e) Whoever violates any of the provisions of this section shall be fined in accordance with section 1-11 . Each day that a violation exists shall be considered a separate offense.

Cross reference(s) – Streets, sidewalks and other public places, Ch. 12.

Sec. 9-57. Repairing and storing motor vehicles on public and private property.
  1. (a) Repairing automobiles on public property. No person shall repair, restore or maintain any vehicle on any street or on any public property.
  2. (b) Unregistered motor vehicles on private property. No person, firm, or corporation shall store, place or permit to be stored or placed, any unregistered motor vehicle on private property located in the city for more than 90 days. No more than one unregistered motor vehicle may be stored, placed, or permitted to be stored or placed at any time. This ordinance shall not apply to the storage of motor vehicles within an enclosed building or to a person licensed under G. L. c. 140, s. 59.
  3. (c) Inoperable motor vehicles. No person, firm, or corporation shall store, place, or permit to be stored or placed, any inoperable motor vehicles on private property located within the City of Somerville. For purposes of this article, "inoperable motor vehicle" means any motor vehicle which, for a period of at least seven days, is incapable of being driven under its own motor power, including, but not limited, to where the engine, wheels, windshields, or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged, or otherwise so treated, but shall not include: 1) Any motor vehicle that is kept within a building when not in use; 2) A motor vehicle on the premises of a place of business licensed under G. L. c. 140, s. 59.
  4. (d) Storage of boats, trailers and recreational vehicles. One recreational vehicle, boat or utility trailer may be stored outside of a building on any lot containing a dwelling unit. The recreational vehicle, boat or trailer must be located not closer to the street than the existing front facade of the front-most dwelling unit on the property. The recreational vehicle, boat or trailer must be sight-screened from the street and abutting properties by solid fencing at least six feet in height. The recreational vehicle, boat or trailer shall not be occupied for living, housekeeping, or business purposes. All such recreational vehicles, boats or trailers shall be kept in good repair and must comply with all other city ordinances concerning nuisances and abandoned vehicles. This provision shall not be construed to apply to lawfully erected construction trailers or limited duration emergency housing as authorized by the superintendent of inspectional services.
  5. (e) Penalty . Whoever violates any of the provisions of this section shall be fined in accordance with section 1-11 (b). Each day that a person, firm, or corporation violates this section shall be deemed a separate offense.

Cross reference(s) – Streets, sidewalks and other public places, Ch. 12.

Sec. 9-58. Trespassing on lawns and private property.
  1. (a) No person without lawful authority or without the express or implied consent of the owner or his or her agent, shall enter any building or enter on any enclosed or improved real estate, lot or parcel of ground in the city ; or, being upon the land of another, shall fail, or refuse to leave the same when requested to do so by the person lawfully in possession thereof, his or her agent or representative; or deposit on the premises of another, or remove therefrom any material, substance, earth, dirt, ashes, refuse, turf or other article or thing whatsoever.
  2. (b) Provided further, all delivery personnel, including letter carriers, whether employed by a private firm or government agency or government-supported corporation shall use sidewalks and accepted and approved sidewalks and shall refrain from traversing lawns or other private property not normally used as a walkway by the general public in order to effect delivery.
DIVISION 2. GRAFFITI
Sec. 9-59. Graffiti: Declaration of a nuisance.

It is hereby declared that graffiti , upon public and private property, is a nuisance which endangers the public health, safety, morals and welfare of the citizens of Somerville. Graffiti contributes to the creation of substandard, decadent and blighted neighborhoods; to the spread of crime and juvenile delinquency; to the reduction of property values; to the arrest of economic growth; and to the overall decline in the quality of life within the city . Left uncontrolled, graffiti encourages additional graffiti, and constitutes an economic and social liability for the city and its citizens.

Sec. 9-60. Definitions.

Graffiti as used in this article, as well as other applicable sections of the City Code, shall mean: any letters, words, writings, numbers, symbols, logos, drawings, paintings, carvings, etchings, inscriptions or other markings, not required or approved of by law, affixed to any real property or improvements thereto, either privately or publicly held, which destroys, damages, defaces, disfigures, alters, marks or mars the property in any manner or to any degree.

Owner as used in this article, shall mean every person alone or severally with others who:

  1. (1) Has legal title to any building or parcel of land, vacant or otherwise; or
  2. (2) Has care, charge or control of any building, or parcel of land, vacant or otherwise, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or
  3. (3) Is a mortgagee in possession of any such property; or
  4. (4) Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property.

Real property as used in this article shall mean land, and whatever is attached to its surface, including but not limited to buildings, bridges, poles, fences, trestles, playground equipment, fire hydrants, gravestones, tablets, trees, rocks, or any other object natural or manmade.

Sec. 9-61. Property owner responsible for the removal of graffiti.
  1. (a) The prompt removal of graffiti shall be the responsibility of the owner as defined herein, whether public or private, following the discovery or notice thereof.
  2. (b) In the case of privately-owned property, the owner shall be required to remove or cause graffiti to be removed within ten days following receipt of written notice from the board of health, or its authorized agent, served upon the owner or the owner's authorized agent. The notice shall be in writing and shall contain an order to remove the graffiti, hereinafter sometimes called an "order of notice." The notice shall also contain the following information: (1) The location of the property; (2) A concise description of the graffiti conditions; (3) A statement that the graffiti must be removed within ten days after receipt of notice; (4) A statement that if the graffiti is not removed within the ten days, the property will be subject to the removal, cost, and penalty provisions of sections 9-64 ; 9-66 ; and 9-67 ; and (5) Notification of an owners right to a hearing pursuant to section 9-62 .

Copies of all referenced sections of the Code shall be attached to said notice.

Sec. 9-62. Request and procedure for hearing.
  1. (a) The owner or owner's authorized agent to whom an order of notice has been served pursuant to this section may request a hearing before the board of health by filing with the board of health within seven days after the day the order was served, a written petition requesting a hearing on the matter. Upon receipt of such petition, the board of health shall set a time and place for such hearing and shall inform the petitioner thereof in writing. The hearing shall be commenced not later than 30 days after the day on which the order was served. The board of health, upon application of the petitioner, may postpone the date of hearing for a reasonable time beyond such 30-day period if, in the judgment of the board of health, the petitioner has submitted a good and sufficient reason for such postponement.
  2. (b) At the hearing, the petitioner shall be given an opportunity to be heard and to show why the order should be modified or withdrawn.
  3. (c) After the hearing, the board of health shall sustain, modify, or withdraw the order and shall inform the petitioner, in writing, of its decision. If the board of health sustains or modifies the order, it shall be carried out within the time period allotted in the original order or in the modification.
  4. (d) Every notice, order, or other record prepared by the board of health in connection with the hearing shall be entered as a matter of public record in the office of the clerk of the city or in the board of health.
Sec. 9-63. Judicial appeal.

Any owner aggrieved by the final decision of the board of health with respect to an order of notice issued under the provisions of this section may seek relief therefrom in any court of competent jurisdiction, as provided by the General Laws of the Commonwealth of Massachusetts.

Sec. 9-64. Failure to remove graffiti from privately-owned property.
  1. (a) If an owner , as defined herein, has not requested a hearing within seven days after receiving notice, and fails or refuses to remove graffiti with the period provided in section 9-61 , the city may enter upon the property and remove the graffiti.
  2. (b) If an owner, as defined herein, has been ordered to remove graffiti following a hearing on the matter, and fails or refuses to remove the graffiti within ten days following the hearing, the city may enter upon the property and remove the graffiti.
Sec. 9-65. Other relevant sections.

Nothing herein shall prevent the city from enforcing other applicable sections of the Code , namely article IV, section 9-47 , or applicable sections of Massachusetts General Laws , including, but not limited to, Chapter 266, section 126.

Sec. 9-66. Cost of removal.
  1. (a) If the owner , or the owner's authorized agent, fails to comply with an order issued pursuant to section 9-61 or 9-62 , and the city removes or causes such graffiti to be removed, the removal cost(s), pursuant to Massachusetts General Laws Chapter 111, Section 125, shall constitute a debt due the city, and shall be recoverable from such owner in an action of contract.
  2. (b) Furthermore, pursuant to Massachusetts General Laws Chapter 111, Section 125, any such debt, together with interest thereon at the rate of six percent from the date such debt becomes due, shall constitute a lien on land upon which the graffiti was located if a statement of claim, signed by the director of the board of health and the city tax collector, setting forth the amount claimed without interest is filed, within 90 days after the debt becomes due, with the register of deeds for Middlesex County .

Such lien shall take effect upon the filing of the statement aforesaid and shall continue for two years from the first day of October next following the date of such filing. If the debt for which such a lien is in effect remains unpaid when the city assessor is preparing a real estate tax list, the director of the board of health, or the city tax collector shall certify such debt to the city assessor, who shall forthwith add such debt to the tax on the property to which it relates and commit it with their warrant to the collector as part of such tax. If the property to which such debt relates is tax exempt, such debt relates is tax exempt, such debt shall be subject to the provisions of law relative to interest on the taxes of which they become, or, if the property were not tax exempt would become, a part; and the collector of taxes shall have the same powers and be subject to the same duties with respect to such debts as in the case of annual taxes upon real estate, and the provisions of law relative to the collection of such annual redemption of land so sold or taken shall, except as otherwise provided, apply to such claims. A lien under this section may be discharged by filing with the Register of Deeds for Middlesex County, a certificate from the city tax collector that the debt constituting the lien, together with any interest and costs thereon has been paid or legally abated. All costs of recording or discharging a lien under this section shall be borne by the owner of the property.

Sec. 9-67. Penalties.

Any person who violates any provision of this section shall be subject to a fine for each offense and may be penalized by a non-criminal disposition as provided for under section 1-11 of the City Code and Massachusetts General Laws , Chapter 40, Section 21D. Each day’s failure to comply with an order shall constitute a separate violation. In the alternative, any person who violates a provision of this section and remedies said violation prior to the issuance of an order to remove pursuant to section 9-64 or enters into a removal of graffiti agreement with the city for the city to remove said graffiti prior to the issuance of said order, then said person will not be subject to fines hereunder.

Secs. 9-68-9-70. Reserved.
ARTICLE V. OFFENSES AGAINST PUBLIC MORALS*

*State law reference(s) – Crimes against chastity, morality, decency and good order, M.G.L.A . c. 272.

DIVISION 1. GENERALLY
Sec. 9-71. Nude swimming or bathing.

No person in a nude state shall swim or bathe in any of the waters within the city , so as to be exposed to the view of other persons in any street or house.

State law reference(s) – Indecency generally, M.G.L.A . c. 272, § 53 et seq.

Sec. 9-72. Peeping and stalking.
  1. (a) No person other than an officer of the law, acting in performance of his or her legal duty, shall enter upon the premises of any person with the intention of peeping into a dwelling or spying upon any person therein, nor shall any person peep into a dwelling or spy upon any person therein from his or her own dwelling or from any public property.
  2. (b) Whoever violates any of the provisions of this section shall be fined in accordance with section 1-11 .
Secs. 9-73-9-78. Reserved.
DIVISION 2. PACKAGED FORMS OF MARKETING
Sec. 9-79. Guerilla marketing defined.

The terms “guerilla marketing”, “ambush marketing”, “buzz marketing” and other types of cleverly packaged forms of marketing “such marketing” shall apply to those marketing activities utilized by certain public relations firms that a common objective of deriving so-called “free” media attention to the paid client based upon the outlandishness of the message delivery and any other type of marketing activity involving non-traditional methods of communication. This article shall not apply to artists of any medium engaged in the displaying or demonstrating of works of art.

Sec. 9-80. Registration with the police.

It shall be unlawful for any person to engage in such marketing activities for hire, for him or herself or another person, by foot, automobile, or any other type of conveyance, approaching persons without the previous consent of such persons, without first having registered with the chief of police.

Sec. 9-81. Certificate of registration.
  1. (a) Application for a certificate of registration shall be made on a form provided by the police department. An authorized representative of the sponsoring organization shall apply to the chief of police or his/her designee either personally, between the hours of 9:00 a.m. and 2:00 p.m. from Monday through Thursday, excluding holidays, or by mail, and truthfully state in full the information requested on the application, to wit: (1) Name, address and telephone number of the sponsoring organization; (2) State and/or federal taxpayer identification number or tax-exempt number of the sponsoring organization; (3) Name, residential and business address, length of residence at such residential address, telephone number, Social Security number, and date of birth, of each and every representative of the sponsoring organization who will be engaged in such marketing activities in the city; (4) Description, including the make, model, year, color and license plate number of any vehicle to be used by the sponsoring organization or its representatives while engaged in such marketing activities in the city; (5) Description sufficient for identification of the subject matter of the such marketing activities in the city; (6) Period of time for which the certificate is applied (said certificate shall expire within one year of date of issue); (7) The date, or approximate date, of the latest previous application for certificate under this article, if any; (8) Any previous revocation of a certificate of registration issued to the organization by the city; (9) Any convictions for a violation of a felony under the laws of the commonwealth or any other state or federal law of the United States, within five years of the application, by the sponsoring organization or any of its representatives who will be conducting the marketing activities in the city; (10) Names of the three most recent municipalities wherein the organization has conducted such marketing activities; (11) Proposed method of operation; and (12) Signature of the authorized representative of the sponsoring organization. A photograph or an acceptable photocopy of a photograph of each representative of the sponsoring organization who will be conducting the marketing activities in the city must be attached to the application. If the sponsoring organization is required to register in the Commonwealth of Massachusetts as a charitable organization, a copy of the registration must be attached to the application.
  2. (b) All statements made by the applicant upon the application or in connection therewith shall be under oath and signed under the pains and penalties of perjury. The applicant shall also produce a statement of authorization for the applicant and other representatives of the sponsoring organization to solicit or canvass on behalf of the sponsoring organization. Dates and times that the marketing activities will be conducted must also be provided.
  3. (c) No certificate of registration shall be issued to any person who has been convicted of the commission of a felony under the laws of the Commonwealth or any other state or federal law of the United States within five years of the date of the application; or who has violated any provisions of this article within five years of the date of the application; or whose certificate of registration issued hereunder has been revoked within five years of the date of the application as herein provided.
  4. (d) The chief of police or his or her designate shall cause to be kept in his or her office an accurate record of every application received and acted upon, together with all other information and data pertaining thereto and all certificates of registration issued under the provisions of this article, and of the denial of applications. Fully completed applications for certificates shall be acted upon within three business days of receipt. No application for a certificate shall be denied provided that it satisfies the requirements of this article. The original copy of the application shall be given to the applicant, and a duplicate copy shall be retained on file in the office of the chief of police.
  5. (e) When an application is approved, each marketing representative shall be issued a certificate of registration and shall at all times while conducting such marketing activities in the city carry upon his or her person the registration certificate.
Sec. 9-82. Revocation of certificate.
  1. (a) Any certificate of registration issued hereunder shall be revoked by the chief of police if the holder of the certificate is convicted of a violation of any of the provisions of this article or has made a false material statement in the application or otherwise becomes disqualified for the issuance of a certificate of registration under the terms of this article. Immediately upon such revocation, written notice thereof shall be given by the chief of police or his or her designee to the holder of the certificate in person or by certified United States mail addressed to his or her residence address set forth in the application.
  2. (b) Immediately upon the giving of such notice, the certificate of registration shall become null and void.
  3. (c) Every certificate shall expire within one year from its date of issue.
  4. (d) The certificate of registration shall state the expiration date thereof.
Sec. 9-83. Deceptive practices.

No representative of any organization conducting such marketing activities registered or exempted from registering under this article may use any plan, scheme or ruse which misrepresents the true status or mission of the marketing activity or the status of the representative of any organization conducting such marketing activities.

Sec. 9-84. Duties of representative of organizations conducting such marketing activities.
  1. (a) It shall be the duty of every representative of any organization conducting such marketing activities to apply for, and keep current, any licenses, permits or approvals required by any local, state or federal authority for such marketing activity. Examples of such licenses, permits or approvals include, without limitation, public occupancy permits, commercial sign permits, food service permits, parking permits and drivers licenses for the operation of motor vehicles.
  2. (b) It shall also be the duty of every representative of any organization conducting such marketing activities to be aware of, and comply with, any local, state and federal law or regulation pertaining to such marketing activity. Examples of such local, state and federal laws or regulations include trespassing statutes and ordinances, graffiti statutes and ordinances and peaceful assembly statutes and ordinances.
  3. (c) The failure of the representative of any organization conducting such marketing activities shall lead to the immediate revocation of the certificate of registration and such other fines and penalties as provided in this article.
Sec. 9-85. Penalties.

Any representative of any organization conducting such marketing activities who violates any provision of this article, in addition to the revocation of his or her certificate of registration, shall be punished in accordance with section 1-11 of the Code of Ordinances or, in certain cases, by arrest as provided by the General Laws.

ARTICLE VI. OFFENSES AGAINST PUBLIC SAFETY
DIVISION 1. GENERALLY
Sec. 9-86. Shooting guns and firearms.

No person shall, except in the performance of some duty required of him or her by law, discharge any cannon, gun, pistol or other firearm, loaded with ball or shot, or with powder or other explosive only, or any flobert rifle, so-called, or any air gun, without authority of the city council .

State law reference(s) – Offenses involving weapons generally, M.G.L.A . c. 269, § 10 et seq.

Sec. 9-87. Skyrockets.

No person shall sell, expose for sale, give away, use, or discharge a sky rocket without the permission of the mayor .

Cross reference(s) – Fire prevention and protection, Ch. 5.

Sec. 9-88. Fireworks and guns.

No person shall discharge, fire or use any firecracker, rocket, torpedo, Roman candle, so-called BB gun, or other fireworks, or a pistol, cane, cannon, or other appliance, using blank cartridge or cap containing chlorate of potash mixture or other explosive, without permission from the city council .

Cross reference(s) – Fire prevention and protection, Ch. 5.

Sec. 9-89. Selling or storing fireworks.

No person shall sell or store any fireworks without permission from the city council .

Cross reference(s) – Fire prevention and protection, Ch. 5.

Sec. 9-90. Abandoned refrigerators.
  1. (a) No person shall leave or deposit on any vacant lot or on any premises outside of any building a refrigerator, icebox or other container unless the door has been removed or unless the locking mechanism has been removed from the refrigerator, icebox or other container.
  2. (b) No person shall allow to remain on any premises owned or occupied by him or her outside of any building an abandoned refrigerator, icebox or other container which has a door, unless the door has been removed or unless the locking mechanism of the door has been removed.
  3. (c) For the purpose of this section, each day during which such refrigerator, icebox or other container is allowed to remain in violation of the provisions of this section shall be deemed a separate offense.
  4. (d) Any person violating any provision of this section shall be subject to a fine in accordance with section 1-11 .

State law reference(s) – Removal of doors from discarded containers originally used for refrigerative purposes, M.G.L.A . c. 271, § 46.

Sec. 9-91. Abandoned automobiles and motor vehicles.

Whoever abandons or discards a motor vehicle or parts of a motor vehicle on public or private property within the city shall be punished in accordance with section 1-11 .

State law reference(s) – Abandonment of motor vehicles, M.G.L.A . c. 90, § 22B.

Sec. 9-92. Removal of abandoned automobiles and motor vehicles.

The commissioner of public works or a person acting under his or her authority is hereby authorized to remove or cause to be removed from said public or private property within the city , any abandoned or discarded motor vehicle or part thereof; and the person abandoning or discarding said motor vehicle or part thereof, shall be liable to the city for the cost of said removal.

Cross reference(s) – Towing vehicles that obstruct snow removal, § 11-2 .

State law reference(s) – Removal of abandoned motor vehicles, M.G.L.A . c. 90, § 22C.

Sec. 9-93. Spray paint, indelible markers and graffiti.
  1. (a) No person or business, including every retail and hardware store in the city shall sell, expose for sale or give away spray paint and/or indelible markers to any person under the age person under the age of 18.
  2. (b) Whoever violates any of the provisions of this section shall be fined in accordance with section 1-11 .
Sec. 9-94. Unregistered motor vehicles.

No person shall operate on a public way or sidewalk under the control of the city a motorized vehicle not licensed under the Massachusetts General Laws. Such vehicles shall include, but not be limited to, miniature motorcycles, all-terrain vehicles, and motorized skateboards. Such vehicles shall not include a Segway or an electronic personal assistive mobility device or other mobility device for a person with disabilities.

Whoever violates any of the provisions of this section shall be punished by a fine of $50.00 for each offense, in accordance with section 1-11 (b).

Sec. 9-95. Sniffing or inhaling of the vaporized form of alcoholic beverages.
  1. (a) No licensed establishment, as defined in chapter 138 of the Massachusetts General Laws , shall allow or permit in the premises of such licensed establishment the sniffing or inhaling of the vaporized form of alcoholic beverages, as defined by section 1 of chapter 138 of the Massachusetts General Laws. This section shall be enforced by the police department.
  2. (b) Whoever violates any of the provisions of this section shall be fined in accordance with section 1-11 (b). In addition, any violation of this section shall be referred to the licensing commission for a disciplinary hearing before said commission.
Sec. 9-96. Knives and dangerous weapons.

No person , except as provided by law, shall carry on his or her person, or carry under his or her control in a vehicle, any machete, saber, sword or weapon of like or similar nature; any knife having any type of blade in excess of two and one-half inches (except when being used for hunting or fishing, in lawful employment, or for any other innocent purpose); or any other object or tool so designed, redesigned, fashioned, prepared, or treated that the same may be used to inflict bodily harm or injury to another [including those weapons and instruments described in M.G.L. chapter 269, section 10, par. (b)].

Violations of any provision of this section shall be subject to arrest and a fine of not more than $300.00 for each offense thereof.

Sec. 9-97. Nuisance control.
  1. (a) Purpose . In order to protect the health, safety, and welfare of the inhabitants of the City of Somerville, this section shall permit the city to impose penalties on property owners and other responsible persons for the nuisances and harm caused by loud and/or unruly gatherings on private property and shall prohibit the consumption of alcoholic beverages by underage persons at such gatherings.
  2. (b) Definitions .

Eviction means actively trying to evict a tenant from a premise by delivery of a notice to quit and subsequent court proceedings, if a tenant fails to vacate the premises.

Gathering is a party or event where two or more persons have assembled or are assembled.

Premises means any residence or other private property, place, or location, including any commercial or business property.

Property owner means the legal owner of record of a premises as listed by the tax assessor’s records.

Public nuisance means a gathering of persons on any premises in a manner that creates a substantial disturbance of the quiet enjoyment of private or public property in a neighborhood. Behavior constituting a public nuisance includes, but is not limited to excessive noise and excessive pedestrian and vehicular traffic related thereto, obstruction of public ways or sidewalks by crowds, vehicles, trash or refuse, illegal parking, public urination, the service of alcohol to underage persons, public consumption of alcohol, fighting, disturbances of the peace, and littering.

  1. (c) Mailing of notice to property owners and others. In the event police or other duly authorized local officials have responded to a gathering constituting a public nuisance , a notice of response shall be made within ten days of the gathering as follows: (1) Property owners: The chief of police or his/her designee shall mail a notice of response by certified mail to the property owner of the premises where the gathering occurred as listed in the City of Somerville tax assessment records and shall advise the property owner that the second such response on the same premises within a one-year period, as measured from the date of the first notice, shall result in responsibility of the property owner for all penalties associated with such response as more particularly described in subsections (d) and (e) herein. (2) Educational institutions: The chief of police or his/her designee shall send a notice of response to the president/headmaster or his/her designee of an educational institution if the persons who are liable in subsections (d) and (e) herein are students at such educational institution. Such notice shall be sent by mail or other appropriate means. (3) Persons cited: The chief of police or his/her designee shall send a notice of response to any person who was personally cited at the time of the offense. Such notice shall be sent by mail or other appropriate means to the address stated on the individual’s government issued identification. (4) The officer in charge shall attempt to provide verbal notice to the property owner at the time of the offense.
  2. (d) Liability for a first response to a gathering constituting a public nuisance on a premises. If the police department or other duly authorized local officials have responded to a gathering constituting a public nuisance on a premises, the following persons shall be responsible for fines as set forth below, provided that no previous gathering constituting a public nuisance on a premises has occurred at the premises within the previous one-year period. (1) The person or persons residing on or otherwise in control of the premises where such gathering took place whether present or not. (2) The person or persons who organized or sponsored such gathering. (3) All persons attending such gatherings who engage in any activity resulting in the public nuisance.
  3. (e) Liability for a second and subsequent response to a gathering constituting a public nuisance on a premises. If the police department is required to respond to a gathering constituting a public nuisance on a premises more than once in any one-year period, as measured from the date of the first response, the following persons shall be responsible for fines as set forth below. (1) The person or persons residing on or otherwise in control of the premises where such gathering took place whether present or not. (2) The person or persons who organized or sponsored such gathering. (3) All persons attending such gatherings who engage in any activity resulting in the public nuisance. (4) The person, or persons or business entity which at the time of the gathering owned the premises where the gathering which has resulted in a public nuisance took place, provided that notice of the first and subsequent responses has been mailed to the property owner of the premises as set forth herein and the gathering occurs at least 14 days after the mailing of the first such notice. The property owner shall not be held responsible for any violation and penalties if the property owner is actively pursuing eviction from the premises of a tenant who controlled, organized, sponsored or attended the gathering. The one-year time period for violations for a premises shall pertain only to the same residents occupying the premises who have had the prior violation(s). New residents shall start a new time cycle of one year should they violate the provisions of this section.
  4. (f) Consumption of alcohol by underage persons is prohibited in a public place, place open to public or place not open to public. Except as permitted by law, it is unlawful for any underage person to: (1) Consume any alcoholic beverage at any public place or any place open to the public; or (2) Consume any alcoholic beverage at any place not open to the public.
  5. (g) Hosting, permitting, or allowing a public nuisance or party, gathering, or event where underage person consume alcoholic beverages is prohibited. (1) It is the duty of any person having control of any premises who knowingly hosts, permits, or allows a gathering at said premises to take all responsible steps to prevent the consumption of alcoholic beverages by any underage person at the gathering. Reasonable steps include, but are not limited to, controlling access to alcoholic beverages at the gathering; controlling the quantity of alcoholic beverages present at the gathering; verifying the age of persons attending the gathering by inspecting driver’s licenses or other government issued identification cards to ensure that underage persons do not consume alcoholic beverages while at the gathering; and supervising the activities of underage persons at the gathering. (2) A gathering constituting a public nuisance may be abated by all reasonable means including, but not limited to, an order by the police requiring the gathering to be disbanded and citation and/or arrest of any persons under any applicable provision of local or state law. (3) It is the unlawful for any person having control of any premises to knowingly host, permit, or allow a gathering to take place at said premises where at least one underage person consumes an alcoholic beverage, provided that the person having control of the premises either knows an underage person has consumed an alcoholic beverage or reasonably should have known that an underage person consumed an alcoholic beverage and the person having control of said premises failed to take all reasonable steps to prevent the consumption of alcohol by an underage person. (4) This subsection shall not apply to conduct involving the use of alcoholic beverages that occurs exclusively between an underage person and his or her parent or legal guardian as set forth in G. L. c. 138, § 34. (5) This subsection shall not apply to any Massachusetts Beverages Control Commission licensee at any premises regulated by the Massachusetts Beverages Control Commission.
  6. (h) Enforcement . This section may be enforced by the noncriminal disposition process of M. G. L. c. 40, § 21D. For the purpose of noncriminal enforcement, the enforcing persons shall be any police officer of the City of Somerville. All violation(s) of this section are subject to penalty in accordance with section 1-11 of the Code of Ordinances. Each violation of a provision of this section is a separate and distinct offense. The provisions of this section are enforceable independent of any provisions of the Somerville Code of Ordinances pertaining to noise and without reference to the fact that the police officer issuing a citation has not obtained a scientific noise measurement prior to issuing the citation. No such scientific noise measurement is required under this section and the lack of a measurement shall not constitute a defense. The provisions of this section shall not limit the authority of police officers to make arrests for any criminal offense arising out of conduct regulated herein, nor shall they limit the City of Somerville or the Commonwealth of Massachusetts’ ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of any provision of this section, nor shall they limit the authority of the police officers to enforce any other applicable state laws or city ordinances. Further, if in the discretion of the chief of police or his/her designee of the City of Somerville, it is necessary to post a police detail in order to enforce the provisions of this section, he may do so in accordance with Somerville Code of Ordinances section 10-16 .
  7. (i) Appeal of imposition of penalty . Any interested person may request, in writing , a hearing before a municipal hearing officer to contest the issuance of a fine, as provided in Chapter 106 of the Acts of 2008.
  8. (j) Effect . This section shall take effect upon its passage.
Secs. 9-98, 9-99. Reserved.
DIVISION 2. EXPANDED POLYSTYRENE CONTAINERS*
Sec. 9-100. Purpose.

This division is enacted pursuant to the general police power in order to protect the health, safety and welfare of the inhabitants of the city .

Sec. 9-101. Definitions.

City facility means any building, structure, land, or recreational area owned, leased, or operated by the City of Somerville.

Disposable food service container means single-use disposable products for serving or transporting prepared, ready-to-consume food or beverages, including, without limitation, take-out foods and/or leftovers from partially consumed meals prepared by a food establishment. This includes, but is not limited to, plates, cups, bowls, trays, hinged or lidded containers, straws, cup lids, or utensils. It does not include single-use disposable packaging for unprepared foods.

Food establishment means any operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, as further defined in 105 CMR 590.002. Any establishment requiring a permit to operate in accordance with the State Food Code, 105 CMR 590.000, et seq., shall be considered a food establishment for purposes of this division.

Expanded polystyrene means blown polystyrene (polystyrene that has been expanded or “blown” using a gaseous blowing agent into a solid foam) and expanded and extruded forms, which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene).

Prepared food means any food or beverage prepared on the food establishment’s premises using any cooking or food preparation technique. Prepared food does not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation. Prepared food may be eaten on or off the food establishment’s premises.

Sec. 9-102. Prohibition.
  1. (a) Except as provided herein, on and after the date that is one year from the enactment of this division: (1) Food establishments are prohibited from dispensing prepared food to customers in disposable food service containers made from expanded polystyrene ; (2) City departments or agencies shall not purchase or use disposable food service containers made from expanded polystyrene while in the performance of official city duties; and (3) Individuals, contractors, vendors, or other entities shall not use disposable food service containers made from expanded polystyrene in a city facility while acting or performing under a city contract, lease, license, permit, grant, or other agreement.
  2. (b) Nothing in this section shall prohibit city employees from purchasing or using said containers for personal use.
Sec. 9-103. List of available alternatives.

Not later than 30 days before the date set forth in subsection 9-102 (a) of this division, the director of environment and sustainability shall adopt a list of available suitable affordable biodegradable/compostable or recyclable alternatives for each product type, which shall be updated regularly.

Sec. 9-104. Enforcement; penalties and fines.
  1. (a) The health department, inspectional services department, or their designee shall have primary responsibility for enforcement of this provision and shall have authority to issue citations for violation(s). The health department or its designee is authorized to establish regulations or administrative procedures and to take any and all actions reasonable and necessary to further the purposes of this division or to obtain compliance with this division, including, but not limited to, inspecting any food establishment’s premises to verify compliance in accordance with applicable law. The food service permit for any food establishment failing to comply with this division may be suspended or revoked, upon notice and a hearing before the permitting authority, in accordance with applicable law.
  2. (b) This division may be enforced through any lawful process and the election of one remedy shall not preclude enforcement through any other lawful means.
  3. (c) Any violation(s) of this division are subject to a penalty in accordance with section 1-11 of the Code of Ordinances. Multiple violations of this division on any one calendar day shall constitute a single offense.
DIVISION 3. PLASTIC BAG PROHIBITION*
Sec. 9-105. Purpose.

The reduction in the use of disposable plastic shopping bags by retail establishments in the City of Somerville (the “city”) is a public purpose that protects the marine environment, advances solid waste reduction, reduces greenhouse gas emissions, and protects waterways. This ordinance seeks to reduce the number of plastic bags that are being used, discarded and littered, and to promote the use of reusable checkout bags and recyclable paper bags by retail establishments located in the city.

Sec. 9-105.1. Definitions.

The following words shall, unless the context clearly requires otherwise, have the following meanings:

Disposable plastic shopping bag means any checkout bag made predominately of plastic derived from either petroleum, natural gas, or a biologically based source, such as corn or other plant sources, which is provided to a customer at the point of sale. The term “disposable plastic shopping bag” includes:

  1. (1) Degradable plastic bags; and
  2. (2) Biodegradable plastic bags that are not commercially compostable as well as commercially compostable plastic bags.

The term “disposable plastic shopping bag” shall not include:

  1. (1) Reusable bags;
  2. (2) Produce bags; or
  3. (3) Product bags.

As used in this definition, the term “produce bag” or “product bag” means any bag without handles used exclusively to carry produce, meats or other food items to the point of sale inside a store or to prevent such food items from coming into direct contact with other purchased items.

Checkout bag means a carry-out bag provided by a retail establishment to a customer at the point of sale. Checkout bags shall not include:

  1. (1) Bags, whether plastic or not, in which loose produce or products are placed by the consumer to deliver such items to the point of sale or check out area of the retail establishment;
  2. (2) Laundry or dry cleaner bags;
  3. (3) Newspaper bags; or
  4. (4) Bags used to contain or wrap frozen foods, meat or fish, whether prepackaged or not, to prevent or contain moisture.

Reusable bag means a bag that is specifically designed and manufactured for multiple reuse and is either polyester, polypropylene, cotton or other durable material, and meets the following requirements:

  1. (1) Has a minimum lifetime capability of 125 or more uses carrying 22 or more pounds; and
  2. (2) Is machine washable or is made of a material that can be cleaned or disinfected 125 times.

Recyclable paper bag means a paper bag that is 100 percent recyclable and contains at least 40 percent post-consumer recycled content, and displays the words “Recyclable” and “made from 40% post-consumer recyclable content” in a visible manner on the outside of the bag.

Retail establishment means any commercial enterprise, defined as the following: whether for or not for profit, including, but not limited to, restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses, jewelry stores, and household goods stores.

Sec. 9-105.2. Prohibition on disposable plastic shopping bags.

No retail establishment shall provide a disposable plastic shopping bag to any customer for the purpose of enabling the customer to carry away goods from the point of sale. Nothing in this section shall be read to preclude any establishment from making reusable bags available for sale to customers or utilizing recyclable paper bags at checkout.

Sec. 9-105.3. Penalties and enforcement.

The penalty for each violation that occurs after the issuance of the warning notice shall be in accordance with section 1-11 (b) of the Code of Ordinances. The warning notice issued for the first offense shall provide at least 14 days to correct the violation. No fine for the second offense shall be issued until at least 14 days after the warning is issued.

Sec. 9-105.4. Effective date.

This ordinance shall take effect nine months after passage (August 24, 2016) for retail establishments with a floor area equal to or exceeding 10,000 square feet. This ordinance shall take effect one year after passage (November 24, 2016) for retail establishments less than 10,000 square feet.

DIVISION 4. PLASTIC STRAW, PLASTIC STIRRER, AND PLASTIC CUTLERY REGULATION*
Sec. 9-106. Purpose.

This division is enacted pursuant to the general police power in order to protect the health, safety and welfare of the inhabitants of the city, including but not limited to addressing the plastic waste generated by straws, stirrers and cutlery, and the impact of the waste to the environment.

Sec. 9-106.1. Definitions.

City facility shall mean any building, structure, land, or recreational area owned, leased, or operated by the city.

Food establishment shall mean any operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, as further defined in 105 CMR 590.000, et seq. Any establishment requiring a permit to operate in accordance with the State Food Code, 105 CMR 590.000, et seq., shall be considered a food establishment for purposes of this division.

Health care facility shall mean any hospital, nursing home, extended care facility, state health or mental institution, clinic, physician’s office or health maintenance organization licensed or otherwise operating legally within the commonwealth.

Plastic beverage straw means a tube made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources, for transferring a beverage from its container to the mouth of the drinker. “Plastic beverage straw” includes compostable and biodegradable petroleum or biologically based polymer straws, but does not include straws that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.

Plastic cutlery means any utensil, such as a fork, spoon, spork, or knife, made predominantly of plastic derived from either petroleum or a biologically based polymer intended for only one time use. Plastic cutlery includes compostable and biodegradable petroleum or biologically based polymer forms of cutlery, but does not include forms of cutlery that are made from non-plastic materials, such as wood, bamboo, etc.

Plastic stirrer means a device that is used to mix beverages, intended for only one-time use, and made predominantly of plastic derived from either petroleum or a biologically based polymer, such as corn or other plant sources. “Plastic stirrer” includes compostable and biodegradable petroleum or a biologically based polymer stirrers, but does not include stirrers that are made from non-plastic materials, such as paper, sugar cane, bamboo, etc.

Prepared food means any food or beverage prepared on the food establishment’s premises, using any cooking or food preparation technique. Prepared food may be eaten on or off the food establishment’s premises.

Sec. 9-106.2. Regulation of distribution of plastic beverage straws, plastic stirrers, and plastic cutlery.
  1. (a) Regulations and prohibitions. (1) No food establishment shall dispense, distribute, or sell a plastic beverage straw, plastic stirrer, or plastic cutlery in conjunction with the sale or service of prepared food, except upon request of an individual. If a food establishment that provides plastic straws upon request also provides self-serve, single-use items for food consumption such as napkins or cup lids, it should post a printed sign reading "plastic straws are available upon request" in any areas where these single-use items are provided. (2) No city department or agency performing official city duties, or individual, contractor, vendor, or other entity acting or performing in a city facility under a city contract, lease, license, permit, grant, or other agreement, shall dispense, distribute, or sell a plastic beverage straw, plastic stirrer, or plastic cutlery, except upon request of an individual. (3) Nothing in this section precludes any of the above persons or entities from using or making non-plastic alternatives, such as those made from paper, sugar cane, or bamboo, available to customers or individuals.
  2. (b) Exemptions to regulations and prohibitions. (1) Nothing in this section prohibits any individual from using their own straw, stirrer of any material, or plastic cutlery for personal use. (2) Nothing in this section shall prohibit city employees from purchasing or using a plastic beverage straw, plastic stirrer, or plastic cutlery for personal use. (3) Nothing in this section shall prohibit retail stores within Somerville from selling plastic cutlery. (4) The regulations and prohibitions above shall not apply to: distribution or use of a plastic beverage straw or plastic stirrer or plastic cutlery by any person due to medical necessity or their request, pre-packaged beverages containing a plastic beverage straw or pre-packaged meals containing plastic cutlery; a health care facility (as defined above), and in the event of a locally declared emergency. The regulations and prohibitions above shall not apply to schools for a period of one year from the effective date set forth above in section 9-106.4 (d).
Sec. 9-106.3. List of available alternatives.

The director of the office of sustainability and environment shall adopt a list of available alternatives for plastic beverage straws, plastic stirrers, and plastic cutlery. This list must include non-metal options.

Sec. 9-106.4. Enforcement; penalties and fines.
  1. (a) The health division of the inspectional services department, the inspectional services department, or their designee shall have primary responsibility for enforcement of this provision and shall have authority to issue citations for violation(s). The board of health or its designee is authorized to establish regulations or administrative procedures and to take any and all actions reasonable and necessary to further the purposes of this division or to obtain compliance with this division, including, but not limited to, inspecting any food establishment's premises to verify compliance in accordance with applicable law. The food service permit for any food establishment failing to comply with this division may be suspended or revoked, upon notice and a hearing before the permitting authority, in accordance with applicable law.
  2. (b) This division may be enforced through any lawful process and the election of one remedy shall not preclude enforcement through any other lawful means.
  3. (c) Any violation(s) of this division are subject to a penalty in accordance with section 1-11 of the Code of Ordinances. Multiple violations of this division on any one calendar day shall constitute a single offense.
  4. (d) The amended ordinance shall take effect upon passage, except that any regulations, prohibitions, and exemptions relative to plastic cutlery shall take effect on April 1, 2022, and section 9-106.3 requirements for the director of the office of sustainability and environment shall take effect on July 1, 2021.
DIVISION 5. AT-STORE RECYCLING PROGRAM FOR PLASTIC BAGS*

Cross reference(s)– Plastic bags, § 8-11 .

Sec. 9-106.5. Definitions.

Wherever used in this article, the following terms shall be defined as follows unless the context or subject matter otherwise requires:

Operator shall mean a person in control of, or having daily responsibility for, the daily operation of a store, which may include, but is not limited to, the owner or manager of the store.

Plastic carryout bag shall mean a plastic carryout bag provided by a store to a customer at the point of sale and which is composed of low density polyethylene (“LDPE”), linear low density polyethylene (“LLDPE”), medium density polyethylene (“MDPE”) or high density polyethylene (“HDPE”).

Store as used herein shall mean a retail establishment that (1) provides plastic carryout bags to its customers as a result of the sale of a consumer good; and (2) occupies an area of 5,000 square feet or more.

Sec. 9-106.6. At-store recycling program; requirements.

The operator of a store shall establish an at-store recycling program as follows:

  1. (1) Each store shall have a sign clearly readable when exiting the store, which shall be no less than two feet high and two feet wide, which encourages the reuse or recycling of plastic carryout bags .
  2. (2) A plastic carryout bag collection bin (“bin”) shall be placed in a visible location that is easily accessible to the consumer. The color of such bin must be highly visible and the bin must clearly indicate that it is intended for the recycling of plastic carryout bags only and not for the discarding of garbage. The inspectional services division shall have the authority to establish rules and regulations regarding the specific requirements of the bin as may be necessary.
  3. (3) The plastic carryout bag collection bin shall be available to the general public for the recycling of all clean plastic bags regardless of origin of said plastic bags. No store shall prohibit or otherwise limit the acceptance of plastic bags from any person unless said plastic bag is not appropriate for recycling.
  4. (4) All plastic carryout bags collected by the store are to be collected, transported and recycled in a manner consistent with all applicable laws or any rule or regulation promulgated pursuant to this law.
  5. (5) The operator of a store shall cooperate with the inspectional services division. Upon written request, the operator shall furnish the inspectional services division with information to verify that the plastic carry-out bags are being properly recycled in accordance with all applicable laws.
  6. (6) This article shall take effect six months after enactment, except that the inspectional services division shall take such actions, including the promulgation of rules, as are necessary for the implementation of this article prior to such effective date.
Sec. 9-106.7. Penalties.

This provisions of this article shall be enforced by a noncriminal disposition pursuant to G. L. c. 40, § 21D. Each day on which a violation exists shall be deemed a separate offense and shall be punished by a fine specified in Section 1-11 (b) of this Code of Ordinances. Nothing in this provision shall be deemed to limit the use of other lawful methods of abating violations of this section, including but not limited to application for equitable relief from a court of law. The city may seek costs and attorney's fees from a court of competent jurisdiction for any enforcement action taken.

ARTICLE VII. OFFENSES AGAINST PUBLIC PEACE*

*State law reference(s) – Crimes against public peace, M.G.L.A . c. 269.

DIVISION 1. GENERALLY
Sec. 9-107. Conduct, graffiti, signs and posters in subways.

No person shall loiter in or obstruct the free passage of another person through any public underground street, passageway, or subway, or cut, injure, mar, deface, defile or make any drawing on the interior or exterior wall, or the ceiling, or the pathway or roadway thereof, or attach any handbill, advertisement, placard or drawing thereto, or address another person with or use profane or obscene language therein.

State law reference(s) – Disorderliness in public conveyances, M.G.L.A . c. 272, § 43.

Secs. 9-108-9-111. Reserved.
DIVISION 2. NOISE CONTROL ORDINANCE*
Sec. 9-112. Noise prohibition.

It shall be unlawful for any person to make, continue or cause to be made or continued any loud, unnecessary or unusual noise or any noise which either annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others within the limits of the city .

Sec. 9-113. Noise control ordinance purpose.
  1. (a) Findings . Excessive sound and vibration are serious hazards to the public health, welfare, safety, and quality of life. The people have a right to, and should be ensured, an environment free from excessive sound and vibration that may jeopardize their health, welfare, safety, or quality of life.
  2. (b) Intent and purpose . It is the intent and purpose of this section to prevent excessive noise and excessive vibration and to limit, control, and eliminate excessive noise and excessive vibration in general from whatever source.
  3. (c) Construction . This section is intended to prohibit preventable and unnecessary noise and is not intended, nor shall it be construed, to regulate the usual and customary noise incidental to urban life. Due consideration shall be given to the zone in which the establishment is located and the customary and natural noise incident to the operation of businesses or industries permitted in the area zoned shall be considered so as not to work an undue hardship upon lawful business establishments.
  4. (d) Scope . This section shall apply to the control of all sound and vibration originating within the city , unless otherwise exempted by law.
Sec. 9-114. Noise control standard.

The standard which may be considered in determining whether a violation of the provisions of this section exists may include, but not be limited to, the following:

  1. (1) The level of noise; (2) The time of day or night of noise; (3) Duration of noise; (4) Whether the noise is recurrent, intermittent, or constant; (5) Whether the nature of the noise is usual or unusual; (6) Whether the origin of the noise is natural or unnatural; (7) The level and intensity of the background noise, if any; (8) The proximity of noise to residential sleeping facilities; (9) The density of the inhabitation of the area within which the noise emanates; (10) The nature of the zoning area within which the noise emanates; and, (11) Whether the noise is related to construction operations on city capital projects for the advancement of the public good.
Sec. 9-115. Definitions.

Ambient noise shall be mean the all-encompassing noise associated with a given environment, being either a composite of sounds transmitted by any means from many sources near and far or a single, predominant source.

Authorized emergency vehicle shall mean any of the following vehicles when equipped and identified according to law:

  1. (1) A vehicle of a fire department;
  2. (2) A publicly owned police vehicle or a privately owned vehicle used by a police officer for police work under agreement, express or implied, with the authority to which he or she is responsible;
  3. (3) An ambulance, whether publicly or privately owned;
  4. (4) An emergency vehicle of a city department or a public service corporation.

Commercial area shall mean any area defined as an office or business district by the zoning ordinance.

Construction shall mean any site preparation, assembly, erection, substantial repair, alteration, or similar action, but excluding demolition.

Decibel, db or db (A) shall mean the weighted sound level measured by the use of metering characteristics and the prescribed A-weighting frequency response specified in American National Standards SL.4. 1971 as established by the American National Standards Institute, Inc.

Demolition shall mean any dismantling, intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.

Emergency shall mean any occurrence or set of circumstances involving actual or imminent physical trauma or property damage, which demands immediate action.

Emergency work shall mean any work performed for the purpose of preventing or alleviating the trauma or property damage threatened or caused by an emergency.

Industrial zone shall mean any area defined as an industrial district by the Somerville Zoning Ordinance.

Motor vehicle shall mean any vehicle so defined in G. L. c. 90, § 1.

Motorboat shall mean any vehicle so defined in G. L. c. 90B, § 1.

Motorcycle shall mean any vehicle so defined in G. L. c. 90, § 1.

Noise disturbance shall mean any sound which (a) causes temporary or permanent hearing loss in persons exposed; or (b) is injurious to the public health; or (c) causes a nuisance; or (d) is defined as a noise disturbance pursuant to the provisions of this chapter; (e) which either annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others within the limits of the city.

Official traffic-control device shall mean any traffic light, stop or yield sign, official or police officer.

Person shall mean any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.

Public right-of-way shall mean any street, avenue, boulevard, highway, sidewalk, alley, or similar place, which is owned or controlled by a governmental entity.

Public space shall mean any property or structures thereon which are owned or controlled by a governmental entity.

Residential area means any area defined as a residence district by the zoning ordinance.

Sound for the purposes of the "duration of sound" column in the table of section 9-117 , includes continuous, continual and intermittent sounds transmitted by any means, the interval of silence between which does not exceed ten seconds.

Vibration perception threshold shall mean the minimum ground, or structure, borne vibration motion necessary to cause a normal person to be aware of the vibration by such direct means as, but not limited to, sensation by touch or visual observation of moving objects.

Violation shall mean a determination by an enforcing agent, officer or employee that a noise disturbance has occurred.

Sec. 9-116. Noise disturbances.

Noise disturbances prohibited . The following acts are declared to be loud, disturbing and unnecessary noises in violation of this section, but said enumeration shall not be deemed to be exclusive.

  1. (1) Air conditioners . It shall be unlawful for any person to maintain any refrigeration machinery or air conditioning, consisting of air compressors or rotating or reciprocating machinery, in such manner as to create a noise disturbance.
  2. (2) Animals and birds . Owning, possessing or harboring any animal or bird which creates a noise disturbance.
  3. (3) Construction . Unless otherwise authorized by the enforcing authority, based on consideration of the factors contained in section 9-114 of this chapter, the public convenience and consultation with the ward councilor, it shall be unlawful to: a. Operate or permit the operation of any tools, pile drivers, hammers or equipment used in construction, drilling, demolition , or similar work, or otherwise conduct any related activity before 7:00 a.m. and after 7:00 p.m. on weekdays, or before 9:00 a.m. and after 7:00 p.m. on Saturdays, and the day after Thanksgiving and Christmas (unless such day falls on a Sunday), or anytime on Sundays and Massachusetts Legal Holidays (as published by the Secretary of the Commonwealth), such that the sound therefrom creates a noise disturbance. b. In addition to the limitations set forth in subparagraph (a) above, it shall be unlawful to operate or permit the operation of the following machinery or activities after 5:00 p.m. on weekdays, or any time on Saturdays, such that the sound therefrom creates a noise disturbance: i. Drilling rigs; ii. Pile driving or impact hammer rigs; iii. Blasting or explosive equipment of any kind; iv. Heavy-duty crushing machinery, including rock crushing equipment; v. Jack hammers; vi. Concrete or masonry saws; or, vii. Sand or abrasive blasting.
  4. (4) Domestic power tools . Operating or permitting the operation of any mechanically powered saw, sander, drill, grinder, lawn or garden tool, or similar device used outdoors in residential areas between the hours of 9:00 p.m. and 7:00 a.m. on weekdays, or between 9:00 p.m. and 9:00 a.m. on Saturdays, Sundays, and state and federal holidays so as to cause a noise disturbance.
  5. (5) Alarms . a. Sounding or permitting the sounding of any exterior burglar or fire alarm or any motor vehicle burglar alarm unless such alarm is automatically terminated within minutes of activation and does not sound again at all within the hour. b. Each ten minute interval of sounding, or part thereof, within an hour after the initial ten minute sounding shall constitute a separate violation. c. Fines for the sounding of burglar or fire alarms in violation of this section may be assessed against the owner or the occupant of the building in which the alarm is located. d. Any motor vehicle, located on either public or private property, whose alarm has been sounding in excess of ten minutes in an hour, is hereby deemed to be a public nuisance subject to immediate abatement. To effect abatement, police must have reasonable evidence that the sounding has lasted in excess of ten minutes, and then make reasonable efforts to contact the owner of such vehicle to either have the owner shut off the alarm or to authorize police to arrange for the shut-off of the alarm. If such efforts are unsuccessful, police are hereby authorized to abate the nuisance by arranging for tow company employees to shut off the alarm and/or to tow the motor vehicle to a storage area or other place of safety. In addition to any fines for violating this section, the registered owner of the motor vehicle shall be responsible for all reasonable expenses, costs and charges incurred by the deactivation of the alarm, and by the removal and storage of such vehicle.
  6. (6) Stationary nonemergency signaling devices . a. Sounding or permitting the sounding of any single from any bell, chime, siren, whistle, or similar device, intended primarily for nonemergency purposes, from any place, for more than ten minutes in any hourly period. b. Devices used in conjunction with places of religious worship shall be exempt from the operation of this provision.
  7. (7) Engine exhausts . The discharge into the open air within the city of the exhaust of any steam engine, gasoline engine, stationary internal combustion engine, or other kind or type of engine, or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom, provided that fines for such noise disturbance shall be provided for in G. L. c. 90, § 16.
  8. (8) Explosives, firearms, and similar devices . The use or firing of explosives, firearms, firecrackers, or similar devices which create impulsive sound so as to cause a noise disturbance.
  9. (9) Defect in vehicle or load . The use within the city of any wagon, cart, motor vehicle, truck, motorcycle , or other vehicle, so out of repair or loaded in such manner or with material of such nature as to create loud and unnecessary grating, grinding, rattling or other noises.
  10. (10) Horns and other signaling devices . The sounding of any horn or signaling device on any motor vehicle, motorcycle, or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; the sounding of any such device for an unnecessary and unreasonable period of time; the use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. The use of sirens, except by authorized emergency vehicles , is prohibited.
  11. (11) Loading and unloading . Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, dumpsters or similar objects between the hours of 7:00 p.m. and 7:00 a.m. in such a manner as to cause a noise disturbance.
  12. (12) Loudspeakers and public address system . Unless otherwise permitted by a duly authorized agent of the city, using or operating for any purpose any loudspeaker, public address system, or similar device (1) such that the sound therefrom creates a noise disturbance; or (2) between the hours of 10:00 p.m. and 7:00 a.m.
  13. (13) Radios, television sets, musical instruments, and similar devices . Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument, sound amplifier, or similar device which produces, reproduces, or amplifies sound between the hours of 11:00 p.m. and 7:00 a.m. in such a manner as to create a noise disturbance.
  14. (14) Shouting . Shouting, yelling, hooting, whistling, or singing on the public streets, particularly between the hours of 11:00 p.m. and 7:00 a.m. or at any time or place so as to create a noise disturbance.
  15. (15) Street sales . Offering for sale or selling anything by shouting or outcry within any residential or commercial area of the city, except in a stadium or sports arena. Ice cream trucks shall be exempt from this section.
  16. (16) Vehicle repairs and testing . Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise disturbance.
  17. (17) Vibration . Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or beyond the property boundary of the source if on private property or at 50 feet from the source if on a public space or public right-of-way .
Sec. 9-117. Noise levels.

It shall be unlawful to make, continue, or cause to be made or continued, any noise in excess of the noise levels set forth in subsection (1) unless such noise is reasonably necessary to the preservation of life, health, safety or property.

  1. (1) Measurement of noise. Any activity, not expressly exempted by this section, which creates or produces sound , regardless of frequency, exceeding the ambient noise levels at the property line of any property, or if a condominium or apartment house, within any adjoining apartment, above the ambient noise levels as designated in the following table, at the time and place and for the duration then mentioned, shall be deemed to be a violation of this article, but the following enumeration shall not be deemed to be exclusive: Duration of Sound I II III 7 AM – 6 PM (all districts) 6 PM – 10 PM (residential districts) 6 PM – 7 AM (all other districts) 10 PM – 7 AM (residential districts) Less than 10 minutes 75 db 70 db 60 db Between 10 minutes and 2 hours 70 db 60 db 50 db In excess of 2 hours 60 db 50 db 40 db
  2. (2) In determining whether a particular sound exceeds the maximum permissible sound level in the table set out in subsection (1): a. Sounds in excess of the residential district limitations as measured in a residential district are violations of this section whether the sound originates in a residential district or any other district. b. During all hours of Sundays and state and federal holidays, the maximum allowable decibel levels for residential districts are as set forth in column III of the table.
  3. (3) Noise emanating from the operation of the following are exempt from the application of this section: a. Motor vehicles on a public highway; b. Outdoor implements such as power lawn mowers, power hedge clippers and power saws; c. Pile drivers, jackhammers and other construction equipment.
  4. (4) A guide to noise. The intensity of noise is measured in decibels (db). Its measurement is logarithmic, which means that each decibel increase of ten, is a ten times increase in the level of noise: 130 is 10 times greater than 120 130 is 100 times greater than 110 A guide to the noise intensity: 30 decibels is considered very quiet 50 decibels is considered moderately quiet 80 decibels is considered annoying 100 decibels is considered intolerable 140 decibels is considered threshold of pain 180 decibels is considered lethal

Applying the decibel scale to everyday, we find:
LEVEL DECIBELS
Lethal Level 180 Rocket engine 150 Jet plane at takeoff
Pain Threshold 120 Machine gun at close range 120 Pneumatic chipper 115 House party, 4 piece rock band 115 Jet airliner (500 ft. overhead) 111 Motorcycle 108 Pneumatic hammer, 6ft. away 107 Power mower 104 Walking near a helicopter
Discomfort and Danger Area 102 Outboard motor 102 Outside, jet taking off at airport 100 Heavy automobile traffic or jet, aircraft passing overhead 100 Train stopping in station 100 150 cubic foot air compressor 98 Farm tractor 96 Pushing a power lawn mower 95 Subway train 95 At a seat in subway, windows open 94 Inside a jet airplane on take off 93 Food blender 92 Screaming child
Hearing Damage (8 hours) 90 Bus idling, heavy city noises 90 Niagara Falls at base, garbage disposal 88 Propeller aircraft flyover at 1,000 ft. 86 Sports car running in street 85 Garbage truck, 200 ft. away 82 Traffic at a residential intersection
Recommended Maximum Noise Level 75 Average traffic 75 Vacuum cleaner, dishwasher 70 Automobile, home air conditioner 60 Conversational speech 60 Large office 55 Window air conditioner 50 Quiet restaurant 45 Homes 40 Quiet office 35 Library 30-40 Refrigerator 30 Whispering 20 Leaves rustling in breeze 20 Broadcasting studio 10 Normal breathing 0 Audibility Threshold (level of weakest sound that can be heard by young person with excellent hearing)
Sec. 9-118. Enforcement.

The provisions of this section shall be enforced by the chief of police, the superintendent of inspectional services, and their duly authorized agents, officers and employees, by a noncriminal disposition pursuant to Massachusetts General Laws Chapter 40 Section 21D. Each violation shall be deemed a separate offense. Unless otherwise provided, any person , firm, corporation, association or other entity violating any provision of this section shall be punished by a fine in accordance with the provisions of section 1-11 . Nothing in this provision shall be deemed to limit the use of other lawful methods of abating violations of this section, including but not limited to application for equitable relief from a court of law.

Sec. 9-119. Additional noise policies.

The chief of police and superintendent of inspectional services are hereby authorized and empowered to make and adopt such policies as they deem proper and necessary for the implementation of this division for the better protection of the health, welfare and safety of the city .

DIVISION 3. LEAF BLOWERS
Sec. 9-120. Leaf blowers regulated.
  1. (a) Definitions .

Leaf blowers are defined as portable, handheld or backpack style power equipment, powered by fuel, battery or electricity, and used in any landscape maintenance, construction, property repair, or property maintenance for the purpose of blowing, moving, removing, dispersing or redistributing leaves, dust, dirt, grass clippings, cuttings and trimmings from trees and shrubs or any other type of litter or debris.

Owners of large property (OLP) are ones who own one or more adjoining parcels of land in common ownership that together comprise a total of two acres or more.

Commercial leaf blower operator is any entity or organization that employs two or more employees who receive income, remuneration or compensation of any kind, whether as a fee, a charge, a salary, wages or otherwise, for operating a leaf blower, except that municipal operators and municipal contractors are excluded from this definition.

  1. (b) Limitations on use . (1) Notwithstanding sections 9-112 to 9-119 , the use of leaf blowers is prohibited except between March 15 and May 31 and between October 1 and December 15 in any year. The provisions of this subsection do not apply to the use of leaf blowers in accordance with the provisions of this division and regulations promulgated hereunder by municipal operators and municipal contractors performing leaf blower operations in Dilboy Stadium and Auxiliary Field, Hodgkin's Park, Trum Field, Lincoln Park, Nunziato Field, Foss Park, Conway Park, Alewife Brook Reservation, Art Farm, Central Hill Park, the Community Path, Draw 7 Park, Capuano Schoolyard, Mystic River Reservation/Blessing of the Bay Park, Nathan Tufts Park, Sylvester Baxter Riverfront Park, and Tufts University Recreational Field, or any city-maintained playground as necessary to maintain the warranty or safety of a rubberized or similar surface, performing emergency operations and clean-up associated with special events, storms, hurricanes and the like, or by OLP , so long as the owners of such land comply with the provisions of subsection 9-120(b)(3). (2) Notwithstanding sections 9-112 to 9-119 , the use of leaf blowers is further prohibited on Sundays and legal holidays and prohibited on other days except between the hours of 9:00 a.m. and 5:00 p.m. Mondays through Saturdays, consistent with the provisions of G.L. c. 136, § 13 as it may be amended. The provisions of this subsection do not apply to the use of leaf blowers in accordance with the provisions of this division and regulations promulgated hereunder by municipal operators and municipal contractors performing leaf blower operations in Dilboy Stadium and Auxiliary Field, Hodgkin's Park, Trum Field, Lincoln Park, Nunziato Field, Foss Park, Conway Park, Alewife Brook Reservation, Art Farm, Central Hill Park, the Community Path, Draw 7 Park, Capuano Schoolyard, Mystic River Reservation/Blessing of the Bay Park, Nathan Tufts Park, Sylvester Baxter Riverfront Park, and Tufts University Recreational Field, or performing emergency operations and clean-up associated with special events, storms, hurricanes and the like, or by OLP, so long as the owners of such land comply with the provisions of subsection 9-120(b)(3). (3) Commercial leaf blower operators and OLP seeking to operate leaf blowers on such land shall not be permitted to operate leaf blowers, but may be exempted from the prohibition of this subsection if they submit an operations plan to the director of inspectional services or their designee for review and approval. At a minimum, the operations plan shall address the owner's or operator's efforts to mitigate the impacts of noise and emissions upon operators of the leaf blowers and the occupants and owners of nearby property, include an inventory of all leaf blowing equipment owned and to be used by the owner or operator, which shall comply with the noise and emission restrictions set forth in this division and regulations promulgated hereunder, and include the owner's or operator's plan for educating users of its equipment on safety precautions for users, the proper use of equipment, and the need to mitigate impacts upon others. The operations plan shall be reviewed by the director of inspectional services or their designee, who shall ensure that it complies with the applicable provisions of this division and regulations promulgated hereunder, and shall impose any conditions that may be required in order for the owner or operator to comply with the provisions of this division and regulations promulgated hereunder. Commercial leaf blowers must, in addition to adhering to the plan approved by the director of inspectional services, follow the use limitations in subsections 9-120(b)(1) and 9-120(b)(2). (4) Leaf blower operations shall not cause leaves, dirt, dust, rodent, dog or cat feces, debris, grass clippings, cuttings or trimmings from trees or shrubs or any other type of litter or debris to be blown or deposited on any adjacent or other parcel of land, lot, or public right-of-way/property other than the parcel, land, or lot upon which the leaf blower is being operated. Leaves, dirt, dust, rodent, dog, or cat feces, debris, grass clippings, cuttings or trimmings from trees or shrubs or any other type of litter or debris shall not be blown, swept or raked onto or into an adjacent street or gutter, except by municipal employees or municipal contractors or leaf blower operators placing leaves, dust, rodent, dog, or cat feces, dirt, grass clippings, cuttings and trimmings from trees and shrubs on a municipal street or sidewalk for collection and pick-up, during municipal street and sidewalk sweeping and cleaning operations. In no event shall leaves, dirt, dust, rodent, dog, or cat feces, debris, grass clippings, cuttings or trimmings from trees or shrubs or any other type of litter or debris be blown, swept or raked onto or into catch basins or onto vehicles, persons or pets. Deposits of leaves, dirt, dust, rodent, dog, or cat feces, debris, grass clippings, cuttings or trimmings from trees or shrubs or any other type of litter or debris shall be removed and disposed of in a sanitary manner which will prevent it from being dispersed by wind, vandalism or similar means. (5) All leaf blowers shall satisfy the emissions standards of the United States environmental protection agency and the following noise level standard, notwithstanding the sections 9-112 to 9-119 : the sound emitted from any leaf blower shall be rated by the manufacturer to be no greater than 65 decibels. All leaf blower operators, including commercial leaf blowers, municipal operators and OLP, shall adhere to these standards. (6) On parcels of 10,000 square feet or less, only one leaf blower at a time may be used, and on parcels larger than 10,000 square feet, only one leaf blower may be used within each 10,000 square foot area. (7) The limitations set forth in subsections 9-120(b)(1) and 9-120(b)(2) shall not apply to de minimus use of a leaf blower by an individual on the property at which they reside provided that such use is otherwise in compliance with sections 9-112 to 9-119 . For purposes of this subsection, "de minimus" shall mean not more than an aggregate of five minutes per day.
  2. (c) Fees . A fee for the city to recover all costs connected with emission or sound-testing and enforcement may be charged in an amount set by the inspectional services department.
  3. (d) Regulations . The inspectional services department shall have the authority to promulgate regulations to implement the provisions of this division.
  4. (e) Severability . The provisions of this section are severable. If any subsection, provision or portion of this section is determined to be invalid by a court of competent jurisdiction, the remaining provisions of this section shall continue to be valid.
  5. (f) Effective date . The provisions of this division shall be effective on September 1, 2021 except as to City of Somerville contracts now in effect, as to which the provisions of this division shall be effective one year after its passage. The decibel limit set in subsection 9-120(b)(5) shall not apply to municipal equipment owned on the date this division is ordained, until five years from said date. The city shall not replace any leaf blowers owned on the date this division is ordained with equipment above the decibel limit set in subsection 9-120(b)(5).
ARTICLE VIII. OFFENSES AFFECTING MINORS
Sec. 9-121. Curfew for minors.
  1. (a) Established . No minor under 16 years of age shall be present, loiter or remain upon any street, highway, park, public way or place, or upon any other place to which the public has a right of access as licenses or invitees in this city , after the hour of 9:30 p.m. of any day and before sunrise of the following day, unless accompanied by, or under the control or care of a parent, guardian or other adult person or unless in some employment, or in the performance of some legitimate business or interest directed in writing by said parent, guardian or other adult person, which will not permit loitering as mentioned in this section. If an alarm or audible signal is not sounded at 9:30 p.m. each night, it shall not be an excuse for the violation of the curfew.
  2. (b) Penalty . Any person violating any of the provisions of this section shall be liable to a penalty in accordance with Chapter 119 of the General Laws .
  3. (c) Warning for first offense . In enforcing this section, a police officer may, in his or her discretion, warn and send home any child who for the first time violates the provisions of this section.
Secs. 9-122-9-130. Reserved.
ARTICLE IX. OFFENSES AGAINST PUBLIC CODES
Sec. 9-131. Building code.
  1. (a) In order to protect and enhance public health, safety and welfare, to the extent the city is the enforcing authority for violations of applicable provisions of such code, the provisions of Sections 101.0 through 3622.4, of Chapter 780 of the Code of Massachusetts Regulations (780 CMR), as from time to time amended, are hereby incorporated and made a part of this article and any violation of any provision thereof shall constitute a violation of this section.
  2. (b) The penalty for violation of any provision of this article shall be in accordance with section 1-11 (b) of the Code of Ordinances. Each day on which a violation exists shall be deemed a separate offense. Nothing in this provision shall be deemed to limit the use of other lawful methods of abating violations of this section, including but not limited to application for equitable relief from a court of law.
Sec. 9-132. Fire code.
  1. (a) In order to protect and enhance public health, safety and welfare, to the extent the city is the enforcing authority for violations of applicable provisions of such code, the provisions of Sections 1.00 through 50.00, of Chapter 527 of the Code of Massachusetts Regulations (527 CMR), as from time to time amended, are hereby incorporated and made a part of this article and any violation of any provision thereof shall constitute a violation of this section.
  2. (b) The penalty for violation of any provision of this article shall be in accordance with section 1-11 (b) of the Code of Ordinances. Each day on which a violation exists shall be deemed a separate offense. Nothing in this provision shall be deemed to limit the use of other lawful methods of abating violations of this section, including but not limited to application for equitable relief from a court of law.
Sec. 9-133. Sanitary code.
  1. (a) In order to protect and enhance public health, safety and welfare, to the extent the city is the enforcing authority for violations of applicable provisions of such code, the provisions of Sections 410.000 through 419.00, of Chapter 105 of the Code of Massachusetts Regulations (105 CMR), as from time to time amended, are hereby incorporated and made a part of this article and any violation of any provision thereof shall constitute a violation of this section.
  2. (b) The penalty for violation of any provision of this article shall be in accordance with section 1-11 (b) of the Code of Ordinances. Each day on which a violation exists shall be deemed a separate offense. Nothing in this provision shall be deemed to limit the use of other lawful methods of abating violations of this section, including but not limited to application for equitable relief from a court of law.

CHAPTER 10 POLICE*

*Cross reference(s) – Inspector of claims, § 2-127 ; residency requirement, § 2-310 et seq.; emergency management, Ch. 4; medical panel for fire fighters and police officers, § 5-45 ; offenses and miscellaneous provisions, Ch. 9; taxi bureau, § 13-2 ; cooperation with police, § 13-5 ; directions of police officers, § 13-13 ; taxi inspections, § 13-58 .

State law reference(s) – Constables generally, M.G.L.A . c. 41, § 91 et seq.; general powers and duties of police, M.G.L.A. c. 41, § 98.

ARTICLE I. IN GENERAL
Sec. 10-1. Police department organization.

The police department shall consist of a chief of police and not more than the following: two deputy chiefs of police, six captains, 11 lieutenants and 16 sergeants; and the mayor and city council shall endeavor to provide not less than 130 patrolmen at all times. The chief shall devote his or her full time to the position. Patrolmen shall be appointed as soon as practicable, whenever such vacancy arises.

Sec. 10-1.1. Alternate number of lieutenants.

Notwithstanding the provisions of section 10-1 above, there shall be not less than 12 lieutenants in the police department until such time as one of the 12 shall retire, resign or otherwise vacate the position; thereafter, the provisions of this section shall become null and void, and the provisions of section 10-1 shall apply.

Sec. 10-2. Transfers to fire department.

Any former officer or member of the police department who may qualify for appointment to the fire department may, upon appointment, enter the service of the fire department without loss of pay, seniority, retirement or pension rights.

Cross reference(s) – Fire department organization, § 5-31 et seq.

Sec. 10-3. Salaries of officers and members.

Salaries and benefits of officers and members of the police department shall be set by collective bargaining.

Sec. 10-4. Police chief duties.
  1. (a) Generally . The chief of police shall be responsible for the discipline and efficiency of his or her department, and shall have entire control thereof and of all special police officers when they are engaged in the service of the city . He or she shall execute and enforce the laws of the commonwealth, the special laws relating to the city, the city ordinances, the orders of the mayor and of the city council , and the regulations for the government of the police, and shall enforce the regulations of the board of health when required by said board. He or she shall, on the last day of every month , and at all times when especially required, make a written report to the mayor of the doings of the department, and of all misconduct, neglect of duty or want of efficiency in any member.
  2. (b) Employment of assistants . The chief of police, subject to the approval of the mayor, may employ and discharge such assistants, not regular members of the police department, as he or she may deem expedient, not exceeding four in all, as matrons and clerk in the police department. Their compensation shall be fixed by the city council.
  3. (c) Prosecution of cases . The chief of police shall receive all complaints from any and all persons for any breach of the criminal laws, ordinances or regulations of the board of health, and shall cause to be prosecuted all cases where, in his or her judgment, there may be a willful violation of either.
  4. (d) Closing of public ways . The chief of police shall have authority to call upon the superintendent of streets to remove all obstructions found unlawfully encroaching or remaining in, upon or over the streets, sidewalks or other public places, and may prosecute any contested case.
  5. (e) Record of arrests . The chief of police shall cause to be kept a record, with a suitable index, of every person arrested with the name of the arresting officer, the offense charged, the place of birth, age, height, complexion and residence of the prisoner, with such other description as may be useful for his or her identification. When complaints are made he or she shall cause to be kept a record of the sentence or disposition made of the case.
  6. (f) Personnel records . The chief of police shall keep an account of the duties performed by each member and of all absences from duty and the cause of the same.
Sec. 10-5. Medical examinations of persons arrested under the influence of drugs.

The officer in charge, upon the arrest of a person utterly under the influence of intoxicants or drugs, shall, during the winter months from October 1 to April 1, immediately summon the city physician or his or her assistant for a physical examination and the officer in charge will be guided by his or her instructions.

Cross reference(s) – Health, Ch. 6.

Sec. 10-6. Injury leave.

Permanent members absent from duty on account of injury caused while in the performance of duty, and such injury being certified to by the city physician, shall receive full pay for a period not exceeding 60 days; provided, however, that the chief of police, with the approval of the city physician and mayor , may grant such extension of time as may be deemed necessary.

Cross reference(s) – Injury leave, § 5-42 .

Sec. 10-7. Sick leave.

Permanent members of the police department absent from duty on account of sickness, and such sickness being certified to by the city physician, shall be entitled to full pay for not more than 20 days of absence on any one occasion; provided, however, that the chief of police, with the approval of the city physician and mayor , may grant such extension of time as may be deemed necessary.

Cross reference(s) – Sick leave, §§ 2-318 , 5-43 .

Sec. 10-8. Exceptions to sick or injury leave.

No pay will be allowed under the provisions of sections 10-6 and 10-7 if the sickness or injury is feigned, simulated, exaggerated, or arises from carelessness, improper or vicious conduct, excessive indulgence of appetite or other bad habits, or from improper, illegal or immoral practices, or if the sick or injured person shall fraudulently, by concealment, false statement or otherwise seek to deceive or mislead the attending physician or surgeon in relation to his or her case, or if he or she refuses or neglects to conform to the instructions of the attending physician or surgeon.

Sec. 10-9. Funeral leave.

At the discretion of the chief of police, any member of the police department shall be entitled to full pay during absence not exceeding three days for the purpose of attending a funeral in his or her immediate family.

Cross reference(s) – Bereavement leave, § 2-319 ; funeral leave, § 5-46 .

Sec. 10-10. Duty hours.

The permanent members of the police department shall be given two days off, without loss of pay, as determined by the chief of police. They shall be given two days off without loss of pay, after working four days or nights. The time and the manner of excusing them from duty shall be determined by the chief of police. The period during which any member is on vacation is not considered for the purpose of allowing days off under this section. Allowances otherwise provided for or time off because of injury, sickness or other cause, shall not be affected by the provisions of this section. A member so excused shall be exempt from duty and from attendance at a police station or other place, but otherwise shall be subject to all laws, rules and regulations relating to members of the department.

Sec. 10-11. Emergency duty.

The chief of police shall have authority, whenever in his or her judgment public emergency or any unusual demand for the services of the police requires, to prevent any such member from taking the day off authorized by section 10-10 at the time when he or she is entitled thereto or at the time assigned therefor; provided, however, that such day off shall be granted him or her as soon thereafter as is practicable in the judgment of the chief of police. In no case shall the number of such days off be less than 98 in each entire calendar year.

Sec. 10-12. Duties of officers, inspectors and patrolmen.

The captains and lieutenants of police shall be under the immediate control of the chief, and shall assist him or her in his or her duties, and officiate for him or her in his or her absence. The sergeants, inspectors and patrolmen shall perform the duties assigned them by the chief, and attend to such duties at the station house under the direction of the officer in charge. Each member shall devote his or her entire time to and acquaint himself or herself with the business of the department, shall hold himself or herself ready at all times whenever his or her services may be required, obey the orders of his or her superior officers, and make daily reports of his or her doing and of important facts coming to his or her knowledge.

Sec. 10-13. Police station, presentation of ordinances.
  1. (a) The chief of police shall have general charge and care of the police station and of all property belonging to the police department, and shall make his or her headquarters at the said station. He or she shall require the officers to report there, at least once every 24 hours, and shall then communicate to them such orders or instructions as he or she may deem necessary. The police station shall be kept open at all hours of the day and night, and shall be furnished with a copy of the General Laws .
  2. (b) Each officer shall be provided with a copy of this article of the Code of Ordinances and a copy of the rules and regulations of the city council for the government of the police.
Sec. 10-14. Clothing allowance.

A clothing allowance shall be paid to each and every police officer in the police department on the first day of December in each year, for the cost of new uniforms and upkeep thereof during the calendar year. The amount of such clothing allowance shall be set from time to time by the city council and a schedule of such allowance kept on file in the office of the city clerk.

Cross reference(s) – Clothing allowance, § 5-50 .

Sec. 10-15. School traffic supervisors unit.
  1. (a) There shall be a school traffic supervisors unit established within and under the direction of the police department. Appointments thereto shall be made by the mayor after consulting with the chief of police. School traffic supervisors shall report to their assigned posts at the time specified and safely conduct the school children crossing to and from school across the vehicular traveled ways. They shall attend to their duties as assigned by the chief of police and shall be subject to his or her orders and rules and regulations which may be promulgated by him or her for their guidance. They shall receive a salary for each day actually worked in school traffic supervision paid on a semi-monthly basis which salary shall be set from time to time by the city council and a schedule of such salary kept on file in the city clerk's office.
  2. (b) School traffic supervisors shall be empowered to enforce Chapter 90 of the General Laws in so far as said chapter applies to the control of vehicular traffic. They shall be empowered to enforce the traffic ordinance of the city in so far as said ordinance applies to the control of vehicular traffic. While on duty they shall display a badge of office and wear a distinguishing uniform or part of a uniform as designated by the chief of police.
  3. (c) They shall be subject to disciplinary action by the mayor and chief of police and may be discharged for cause by the mayor.
  4. (d) A separate appropriation shall be made in the budget of the police department for the personal services and equipment of the school traffic supervisors.
Sec. 10-16. Police details.

Where any contractor is doing construction work in the city , and where the passage or flow of pedestrian or vehicular traffic will be impeded or rerouted, and where the safety, health and welfare of the general public is concerned, said contractor receiving the permit or license for such construction shall procure at his or her own expense sufficient police detail furnished by the police department.

The chief of police or his or her designee shall have the authority to require police details at any time he or she shall determine in his or her discretion that it is in the interest of public safety to do so. Any establishment, entity or individual operating under license or otherwise, and any individual or private entity which produces and operates an event open to the public, shall procure at his or her own expense sufficient police detail furnished by the police department as the chief of police or his or her designee may require.

The fee for police details shall be set by the mayor and shall be payable in advance.

Sec. 10-17. Selection of police chief; qualifications.

Upon removal of the position of chief of police from civil service status, the chief of police shall be selected by the mayor in accordance with the City Charter and shall have the following minimum qualifications, in addition to those developed by the assessment process provided in section 10-18 (b):

  1. (a) The chief of police shall be a law enforcement professional with minimum of 15 years experience in federal, state, county , municipal or military policing, no less than five of which shall be in a progressively responsible law enforcement management position;
  2. (b) The chief of police shall have a master’s degree or a four-year degree in criminal justice or a related field;
  3. (c) The requirements for formal education provided in (b) above can be waived for candidates with a minimum of 15 years of progressively responsible law enforcement management experience as long as they possess an associate’s degree, or with a minimum of 20 years progressively responsible law enforcement experience as long as they possess a high school diploma;
  4. (d) Preference shall be given to candidates who have experience in a multi-lingual and multi-cultural urban law enforcement environment from municipalities with a population of 50,000 or more residents, and/or possess managerial experience, as defined in paragraph (a), in the command structure of the Somerville Police Department and/or are bilingual, with the second language reflecting the linguistic diversity of the citizens of Somerville, and/or possess a minimum rank of lieutenant or higher for a minimum of three years in a policing environment and/or who have successfully completed any of the nationally recognized police leadership programs, such as the Senior Management Institute for Police, FBI National Academy, and the Southern Police Institute;
  5. (e) The chief of police shall have experience in financial management, budgeting, innovations in police operations, and information technology, as it pertains to law enforcement;
  6. (f) The chief of police shall have strong leadership and supervisory skills, excellent interpersonal skills to include labor relations, community relations, mediation and facilitation skills; and
  7. (g) The chief of police shall have excellent management and supervisory skills, and familiarity with state-of-the-art law enforcement practices, including staff development, training, community policing and use of crime data for deployment and decision-making.
Sec. 10-18. Selection of police chief; manner of appointment.
  1. (a) The candidates for chief of police shall be reviewed by a selection committee consisting of the following individuals: (1) The personnel director, who shall serve as the chair of the selection committee; (2) One member of the city council to be appointed by the president of the city council; (3) The director of racial and social justice; (4) Two members of the general public to be appointed by the president of the city council, with at least one of said members being a representative of the city’s socioeconomic and racial and ethnic segments; (5) Two members of the general public to be appointed by the mayor with at least one of said members being a representative of the city’s socioeconomic and racial and ethnic segments; and (6) Two sworn officers of the Somerville Police Department, one of whom shall be a member of the union representing patrol officers, elected by that body, and one of whom shall be a member of the union representing superior officers, elected by that body. The mayor may appoint appropriate support personnel to facilitate the operations of the selection committee.
  2. (b) The mayor, in consultation with the selection committee and the procurement officer, shall select a qualified recruitment and assessment contractor to analyze candidates for chief of police. Such recruitment and assessment contractor shall be charged with development of selection criteria, after consultation with members of the public at community meetings, with an effort to invite representatives of diverse populations within the community; recruitment of qualified candidates; and administration of a selection process consisting of, without limitation, a written exam, an assessment center and a psychological evaluation. The community meetings required above shall provide interpretative services for the hearing-impaired and non-English speaking, as requested and otherwise shall comply with the Americans with Disabilities Act.
  3. (c) The selection committee shall vote a list of no more than five and no less than three unranked qualified candidates for chief of police and shall submit such list to the mayor. All votes taken by the selection committee shall be by majority vote of those present. There shall be a public interview process conducted for the finalists by the selection committee prior to the appointment of the chief of police by the mayor. If the selection committee determines that there are fewer than three candidates for chief of police, the selection committee shall nonetheless send the names of the candidate(s) to the mayor. If the selection committee should submit to the mayor a list of fewer than three candidates for chief of police, or for any reason designated in writing, the mayor may choose to commence a new selection process, in the manner prescribed herein.
  4. (d) The mayor shall make the final appointment from the list, subject to confirmation of the final appointment by the city council. Prior to confirmation of the final appointment, the city council shall be provided with a copy of the contract negotiated with the candidate selected by the mayor, as well as a complete report of those candidates who applied and were deemed less qualified. The contract may not be subsequently amended without the approval of the city council. The length of such contract of chief of police shall be for a period of at least three years, but no longer than five years.
  5. (e) Upon such time as the mayor shall become aware of a vacancy in the office of chief of police, the mayor shall within a reasonable period of time, but by no later than the next regularly scheduled meeting of the city council, notify the city council that a vacancy has occurred. The mayor shall in a timely manner thereafter commence the process to fill the vacancy, in the manner prescribed herein.
Sec. 10-19. Deputy police chief: selection; qualifications; appointment; compensation.
  1. (a) The chief of police shall select candidates for the position of deputy chief of police, which candidates must, prior to appointment, be approved by the mayor and confirmed by the city council .
  2. (b) The term for deputy police chief shall be for a period no longer than from July 1 through June 30 in any 12-month period. Any individual appointed to the position of deputy police chief may be reappointed pursuant to subsection (a). No deputy may serve in excess of one year without reappointment.
  3. (c) Should any candidate appointed deputy chief of police possess civil service protection provided under chapter 31 of the general laws of Massachusetts, such candidate shall revert to the status held prior to reassignment. The deputy police chief may be removed from that rank at any time upon recommendation of the chief of police and the approval of the mayor. Deputies who fail to be re-appointed or are removed from that rank by the chief of police and have civil service status within the Somerville Police Department will return to that status (for example, if a captain was appointed to the rank of deputy and was either removed or not re-appointed he or she would return to the rank of captain). Any deputy reduced in rank to a civil service rank for which he or she is qualified may be further disciplined, as provided in chapter 31 of the general laws. If a deputy is removed prior to the expiration of his or her term, it will be with the approval of the mayor and the concurrence of the city council.
  4. (d) The deputy chief of police shall not have an employment agreement.
  5. (e) Pursuant to an agreement with the Somerville Police Superior Officers Association (SPSOA) the first two deputies to be appointed will emanate from the rank of captain within the Somerville Police Department.
  6. (f) The minimum qualifications for the position of deputy chief shall include an extensive knowledge of principles, procedures and technical aspects of modern law enforcement. All candidates must come from the superior ranks in the Somerville Police Department and have the ability to lead and innovate.
  7. (g) Compensation: deputies are “exempt” or salaried employees and are therefore not eligible for overtime compensation. Deputies will not be permitted to work on police detail assignments.
Secs. 10-20-10-30. Reserved.
ARTICLE II. SECURITY ALARM SYSTEMS*

*Cross reference(s) – Fire alarm signal boxes, § 5-7 ; control of fire alarm signals boxes, § 5-37 .

State law reference(s) – Interference with police signal systems, M.G.L.A . c. 268, § 32.

Sec. 10-31. Burglar alarms and security alarm systems.

Residential, commercial or industrial security alarm systems may be connected to the communications console in the police department by obtaining prior written approval from the chief of police. In accordance with the requirements of law and ordinance, the chief of police is hereby authorized to request bids from alarm companies to furnish, at no cost to the city a communications console and the necessary telephone lines which are compatible to the receipt of alarm signals from alarm systems whose lines are connected to the police department. Each bid shall set forth the annual fee each alarm user will be required to pay the alarm company for services rendered with respect to the communications console. Services shall be set forth in the form of a written contract between the alarm company and the alarm user. Any alarm user may contract with any alarm company of his or her choice for sale, installation and or servicing of the alarm system to be installed on his or her premises.

Alarm system shall mean any device which, when activated by a criminal act, fire or other emergency call for a police response, transmits a signal to police department headquarters, transmits a signal to a person who relays information to the police department headquarters or produces an audible or visible signal to which the police department is expected to respond.

Alarm user shall mean the owner of any premises on which an alarm system is used, provided that an occupant who expressly accepts responsibility for an alarm system by registration shall be deemed an “alarm user.”

Avoidable alarm shall mean any activation of an alarm device to which the police department responds and which is not caused by a criminal act, fire or other emergency, except an activation caused by malfunction of telephone company equipment or lines as verified by monitoring facilities at police headquarters or power failure as verified by police headquarters. A series of such activations attributable to the same cause and occurring under circumstances attributable to the same cause and occurring under circumstances beyond the control of the responsible alarm user shall be deemed a single “avoidable alarm.”

Sec. 10-32. Fees for burglar or security alarm systems.

The initial fee for connection of an alarm system to the communications console of the police department and the fee for the annual renewal of a connection shall be set from time to time and such fees are on file in the city clerk's office. Each such fee shall be payable to the city.

Sec. 10-33. Automatic dialing services.

Automatic dialing services shall not be interconnected to any telephone lines at the police department. Any person using an automatic dialing device may have the device interconnected to a telephone line transmitting directly to:

  1. (1) A central station; (2) An answering service; or (3) Any privately owned or operated facility or terminal.
Sec. 10-34. Information required for alarm users.

Every alarm user shall submit to the chief of police the name and telephone number of at least two other persons who can be reached at any time, day or night, and who are authorized to respond to an emergency signal transmitted by an alarm system , and who can allow access to the premises in which the alarm system is located.

Sec. 10-35. Alarm system tests, shut-offs for audible alarms.
  1. (a) All alarm users shall notify the police department, in advance of any testing of equipment. Failure to so notify the police department shall constitute a false alarm and be subject to the assessment schedule specified in this article.
  2. (b) All alarm systems which use an audible bell or horn shall be equipped with an automatic shut-off device which shall deactivate the alarm system within ten minutes. All alarm users with an audible bell or horn shall comply with this requirement within 90 days of the effective date of the ordinance from which this article derives.
Sec. 10-36. Avoidable alarms.
  1. (a) Any alarm system which has two or more avoidable alarms within a calendar year shall be subject to the assessment specified in this section. After the police department has recorded two separate avoidable alarms from an alarm user within a calendar year, the chief of police shall notify the alarm user, in writing , and by certified mail, of such facts and shall require the user to submit within ten working days of receipt of such notice, a report describing the user's efforts to discover and eliminate the cause or causes of the avoidable alarms. The notice to the user from the chief of police shall contain the dates and times of each alleged avoidable alarm. If the chief of police determines that the report submitted by the alarm user is unsatisfactory or that the alarm user has failed to show by his or her report that he or she has taken or will take reasonable steps to eliminate avoidable alarms, then the chief of police shall order that the use of the alarm system be discontinued for a period of not less than 30 days. If a fine assessed for an avoidable alarm pursuant to this section has not been paid by the due date, the city shall impose a lien on the real property where such avoidable alarm occurred pursuant to the provision of G. L. c. 40, § 58 and shall notify the alarm system user of such lien. The provisions of this subsection shall apply to fines that remain unpaid or that become due and payable on or after the effective date of this section.
  2. (b) Any user of an alarm system which transmits a third or subsequent avoidable alarm signal in a 12-month period shall be assessed a fine, pursuant to G. L. c. 40 § 21D, in accordance with the provisions of section 1-11 . All fines assessed under this chapter shall be payable to the City of Somerville.​ Each day after any such avoidable alarm shall be considered a new violation. An alarm system user shall be assessed said fine until he or she can demonstrate to the chief of police that the causes of the avoidable alarms have been remedied.
Sec. 10-37. Appeal of avoidable alarm fines.
  1. (a) Any alarm user who is aggrieved by a decision of the chief of police may, within five working days of notice of the chief's decision, appeal his or her case in writing , to the chief for further consideration. Thereafter the decision of the chief of police shall be final and binding on the parties.
  2. (b) The following shall be exclusive grounds for appeal of a decision of the chief of police under this article: (1) Proof of an avoidable alarm assessment; and (2) Written verification from the alarm user and the alarm company, that all necessary steps have been taken to upgrade, improve and insure the dependability and accuracy of the alarm system .
Sec. 10-38. Waiver of avoidable alarm fines.

If an alarm user submits a report as required in section 10-36 (a), the chief of police shall determine whether the action taken or to be taken will eliminate the likelihood of avoidable alarms . If it is determined that the action taken or to be taken will result in the elimination or substantial reduction of avoidable alarms, then the chief of police shall notify the alarm user, in writing , that no assessment will be made at that time.

Sec. 10-39. Avoidable alarms caused by acts of God.

Proof that an avoidable alarm was caused by an act of God or by actions of the telephone company shall constitute an affirmative defense to assessment of a fine.

Sec. 10-40. Penalty for nonpayment of fines.

Upon failure of the user of an alarm system to pay two consecutive fines assessed under section 10-36 , within 60 days of such assessment, the chief of police shall order that the user discontinue the use of the alarm system for not less than 30 days nor more than 180 days.

Sec. 10-41. Applicability of avoidable alarm provisions.

The provisions of this article relating to avoidable alarms , notification to the chief of police and the assessment of specified fines for avoidable alarms shall apply uniformly to those alarm systems either connected or unconnected to the communications console of the police department, except municipal buildings or other government agencies.

Sec. 10-42. Penalties.

The following acts and omissions shall constitute violations of this article punishable by a fine in accordance with the provisions of section 1-11 :

  1. (1) Failure to obey an order of the chief of police to discontinue use of an alarm system , after exhaustion of the right of appeal; or (2) Failure to disconnect an automatic dialing device from any police department telephone lines within 90 days of the effective date of the ordinance from which this article derives; or (3) Interconnection of an automatic dialing device to any police department telephone lines after the effective date the ordinance from which this article derives; or (4) Failure to pay two consecutive fines or more assessed, within 60 days of assessment; or (5) Failure to contract with an alarm company for the sale, installation and for servicing of the alarm system to be installed on the premises. (6) The city, at its election, may institute civil or criminal proceedings to enforce the provisions of this section.
Secs. 10-43-10-60. Reserved.
ARTICLE III. PUBLIC OVERSIGHT OF SURVEILLANCE TECHNOLOGY
Sec. 10-61. Purpose.

The purpose of this article is to provide for the regulation of surveillance technology acquisition or use by the City of Somerville or the use of the surveillance data it provides; to safeguard the right of individuals to privacy; to balance the public's right to privacy with the need to promote and ensure safety and security; to provide protocols for use of surveillance technology or surveillance data that include specific steps to mitigate potential impacts on the civil rights and liberties of any individuals, communities or groups including communities of color or other marginalized communities in the city; to balance any decision to use surveillance technology with an assessment of the costs and protection of privacy, civil liberties and civil rights; to allow for informed public discussion before deploying surveillance technology; to provide for transparency, oversight, and accountability; and to minimize the risks posed by use of surveillance technology in the city. Once in effect, this article shall override Somerville's Executive Order of October 4, 2017 entitled "Executive Policy on Surveillance Technology."

Sec. 10-62. Definitions.

The following definitions apply to this article:

Annual surveillance report means a written report submitted by the mayor's office on an annual basis concerning specific surveillance technology used by any city department during the previous year and containing the information set forth in 10-66 (b) of this article.

Exigent circumstances means the fire chief's or the fire chief's designee, or the police chief's or the police chief's designee's good faith and reasonable belief that an emergency involving danger of death, physical injury, or significant property damage or loss, similar to those that would render impracticable to obtain a warrant, requires use of the surveillance technology or the surveillance data it provides. The use of surveillance technology in exigent circumstances shall not infringe upon an individual's right to peacefully protest and exercise other lawful and protected constitutional rights.

Identifiable individuals means an individual whose identity can be revealed by data, including surveillance data, or revealed by data when it is analyzed and/or combined with any other type of record.

Surveillance means the act of observing or analyzing the movements, behavior, or actions of identifiable individuals.

Surveillance data means any electronic data collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology acquired by the city or operated at the direction of the city.

Surveillance technology means any device, hardware, or software that is capable of collecting, capturing, recording, retaining, processing, intercepting, analyzing, monitoring, or sharing audio, visual, digital, location, thermal, biometric, or similar information specifically associated with, or capable of being associated with, any identifiable individual or group; or any system, device, or vehicle that is equipped with an electronic surveillance device, hardware, or software. Examples of surveillance technology include, but are not limited to:

  1. (a) International mobile subscriber identity (IMSI) catchers and other cell site simulators;
  2. (b) Automatic license plate readers;
  3. (c) Electronic toll readers;
  4. (d) Closed-circuit television cameras except as otherwise provided herein;
  5. (e) Biometric surveillance technology, including facial, voice, iris, and gait-recognition software and databases;
  6. (f) Mobile DNA capture technology;
  7. (g) Gunshot detection and location hardware and services;
  8. (h) X-ray vans;
  9. (i) Video and audio monitoring and/or recording technology, such as surveillance cameras;
  10. (j) Surveillance enabled or capable lightbulbs or light fixtures;
  11. (k) Tools, including software and hardware, used to gain unauthorized access to a computer, computer service, or computer network;
  12. (l) Social media monitoring software;
  13. (m) Through-the-wall radar or similar imaging technology;
  14. (n) Passive scanners of radio networks;
  15. (o) Long-range Bluetooth and other wireless-scanning devices;
  16. (p) Thermal imaging or "forward looking infrared" devices or cameras;
  17. (q) Radio-frequency identification (RFID) scanners; and
  18. (r) Software designed to integrate or analyze data from surveillance technology, including surveillance target tracking and predictive policing software.

Surveillance technology impact report means a written report submitted by the mayor's office with a request for approval of acquisition or use of surveillance technology, and which includes, at a minimum, the requirements set forth in subsection 10-65 (b).

Surveillance use policy means a policy for the city's use of surveillance technology, approved by the city solicitor and the mayor's office, and submitted by the mayor's office to and approved by the city council. The surveillance use policy shall at a minimum satisfy the requirements set forth in section 10-64 .

Technology-specific surveillance use policy means a policy governing the city's use of a specific surveillance technology not already covered under the city's surveillance use policy, approved by the city solicitor and the mayor, and submitted by the mayor to the city council with a surveillance technology impact report under section 10-65 of this article.

Sec. 10-63. Exceptions and exemptions.
  1. (a) For the purposes of this article, the following do not constitute surveillance data or surveillance technology, and the requirements of this article do not apply to them: (1) Surveillance data acquired where the individual knowingly and voluntarily consented to provide the information, such as submitting personal information for the receipt of city services; and (2) Surveillance data acquired where the individual was presented with a clear and conspicuous opportunity to opt out of providing the information.
  2. (b) For the purposes of this article, surveillance technology and surveillance data do not include the following devices, software, or hardware and are exempt from the requirements of this article, unless the devices, hardware, or software are modified to include additional surveillance capabilities as defined in section 10-62 : (1) Routine office hardware, such as televisions, computers, and printers, that are in widespread public use and will not be used for any surveillance or surveillance-related functions; (2) Parking ticket devices (PTDs) and related databases provided, however, that PTDs shall not include automated parking enforcement systems that utilize a camera, and related databases, whether the system generates tickets or otherwise; (3) Manually-operated, non-wearable, handheld digital cameras, audio recorders, and video recorders that are not designed to be used surreptitiously and whose functionality is used for manually capturing and manually downloading video and/or audio recordings; (4) Cameras installed in or on a police vehicle; (5) Cameras installed pursuant to state law authorization in or on any vehicle or along a public right-of-way solely to record traffic violations or traffic patterns, provided that the surveillance data gathered is used only for that purpose; (6) Surveillance devices that cannot record or transmit audio or video or be remotely accessed, such as image stabilizing binoculars or night vision goggles; (7) City databases that do not and will not contain any surveillance data or other information collected, captured, recorded, retained, processed, intercepted, or analyzed by surveillance technology; (8) Manually-operated technological devices that are used primarily for internal city communications and are not designed to surreptitiously collect surveillance data, such as radios and email systems; (9) Parking access and revenue control systems, including proximity card readers and transponder readers at city-owned or controlled parking garages; (10) Card readers and key fobs used by city employees and other authorized persons for access to city-owned or controlled buildings and property; (11) Cameras installed on city property solely for security purposes, including closed circuit television cameras installed by the city to monitor entryways and outdoor areas of city-owned or controlled buildings and property for the purpose of controlling access, maintaining the safety of city employees and visitors to city buildings, and protecting city property; (12) Security cameras including closed circuit television cameras installed by the city to monitor cashiers' windows and other cash-handling operations and to maintain the safety of city employees and visitors to such areas; (13) Cameras installed solely to protect the physical integrity of city infrastructure; or (14) Technology that monitors only city employees in response to complaints of wrongdoing or in order to prevent waste, fraud, or abuse of city resources.
  3. (c) The following situations are exceptions to the requirements of this article: (1) Notwithstanding the provisions of this article, the police department or fire department, to the extent applicable, may temporarily acquire or temporarily use surveillance technology in exigent circumstances for a period not to exceed 90 days without following the provisions of this chapter before that acquisition or use. However, if the police department or fire department, to the extent applicable, acquires or uses surveillance technology in exigent circumstances under this section, the chief of police or fire chief, to the extent applicable, must: i. Report that acquisition or use to the city council in writing within 90 days following the end of those exigent circumstances; ii. Submit a surveillance technology impact report, and, if necessary, a technology-specific surveillance use policy to the city council regarding that surveillance technology within 90 days following the end of those exigent circumstances; and iii. Include that surveillance technology in the police department's or fire department's, to the extent applicable, next annual surveillance report to the city council following the end of those exigent circumstances. If the chief of police or fire chief, to the extent applicable, is unable to meet the 90-day timeline to submit a surveillance technology impact report and, if necessary, a technology-specific surveillance use policy to the city council, the chief of police or fire chief, to the extent applicable, may notify the city council in writing requesting to extend this period. The city council may grant extensions beyond the original 90-day timeline to submit a surveillance technology impact report, and, if necessary, a technology-specific surveillance use policy. (2) Any surveillance technology impact report, and, if necessary, technology-specific surveillance use policy submitted to the city council under this section shall be made publicly available upon submission to the city council. (3) Any surveillance technology impact report and, if necessary, technology-specific surveillance use policy submitted to the city council under this section may be redacted to the extent required to comply with an order by a court of competent jurisdiction, or to exclude information that, in the reasonable discretion of the chief of police, if disclosed, would materially jeopardize an ongoing investigation or otherwise represent a significant risk to public safety and security provided, however, that any information redacted pursuant to this paragraph will be released in the next annual surveillance report following the point at which the reason for such redaction no longer exists. (4) A city department head may apply a technical patch or upgrade that is necessary to mitigate threats to the city's environment. The department shall not use the new surveillance capabilities of the technology until the requirements of section 10-65 are met, unless the mayor, or his/her designee, determines that the use is unavoidable; in that case, the mayor shall request city council approval as soon as possible. The request shall include a report to the city council of how the altered surveillance capabilities were used since the time of the upgrade.
Sec. 10-64. Surveillance use policy.
  1. (a) The mayor shall submit to the city council for its review and approval a proposed surveillance use policy applicable to each city department that possesses or uses surveillance technology before the effective date of this article. Any surveillance use policy submitted under this section shall be made publicly available upon submission to the city council.
  2. (b) A surveillance use policy shall at a minimum specify the following: (1) Purpose . The specific purpose(s) for the surveillance technology; (2) Authorized use . The uses that are authorized, the rules and processes required before that use, and the uses that are prohibited; (3) Data collection . The surveillance data that can be collected by the surveillance technology; (4) Data access. The individuals who can access or use the collected surveillance data, and the rules and processes required before access or use of the information; (5) Data protection . The safeguards that protect information from unauthorized access, including, but not limited to, encryption, access-control, and access-oversight mechanisms; (6) Data retention. The time period, if any, for which information collected by the surveillance technology will be routinely retained, the reason that retention period is appropriate to further the purpose(s), the process by which the information is regularly deleted after that period has elapsed, and the conditions that must be met to retain information beyond that period; (7) Public access . If and how collected surveillance data can be accessed by members of the public, including criminal defendants; (8) Third-party data-sharing . If and how other city or non-city entities can access or use the surveillance data, including any required justification and legal standard necessary to do so, and any obligation(s) imposed on the recipient of the surveillance data; (9) Training . The training, if any, required for any individual authorized to use the surveillance technology or to access information collected by the surveillance technology, including whether there are training materials; and (10) Oversight . The mechanisms to ensure that the surveillance use policy is followed, including, but not limited to, identifying personnel assigned to ensure compliance with the policy, internal record keeping of the use of the technology or access to information collected by the surveillance technology, technical measures to monitor for misuse, any independent person or entity with oversight authority, and the sanctions for violations of the policy.
  3. (c) In considering the surveillance use policy, the city council shall balance the safeguarding of individuals' right to privacy as well as the investigative and prosecutorial function of the police department and promoting and ensuring the safety and security of the general public.
Sec. 10-65. Surveillance technology impact report and technology-specific surveillance use policy.

The mayor's office must seek and obtain approval from the city council as set forth in this section prior to the city acquiring, using, or entering into an agreement to acquire, share or otherwise use, unapproved surveillance technology or surveillance data as defined in this article. The city may seek, but not accept, funds for surveillance technology without approval from the city council, provided that the city shall notify the city council of the funding application at the time it is submitted, and include in this notification the deadline of the funding opportunity and details regarding the nature of the surveillance technology for which funding is sought.

  1. (a) Acquisition of surveillance technology by city departments. Unless exempted or excepted from the requirements of this article pursuant to section 10-63 , any city department intending to acquire new surveillance technology or surveillance data, including but not limited to procuring that surveillance technology without the exchange of monies or other consideration, or use approved surveillance technology or surveillance data for a purpose, in a manner not previously approved, shall, prior to acquisition or use, obtain council approval of the acquisition or use. The process for obtaining approval shall be as follows: (1) The city department shall submit a surveillance technology impact report, and, if necessary, a technology-specific surveillance use policy, as described in subsections 10-65(b) and 10-65(c) below, to the mayor's office for review and approval. (2) If the request is approved by the mayor's office, the mayor's office shall submit the request, including copies of the city department's surveillance technology impact report and, if applicable, technology-specific surveillance use policy, to the city council for review. (3) The city council shall have 60 days, which shall not include June, July, nor August, from the date of submission to approve or deny a request for the acquisition of surveillance technology. If the city council fails to approve or deny the request within that time frame, the request shall be approved by default. (4) Any surveillance technology approved by default under the provisions in 10-65(a)(3) must be subsequently approved or rejected by the city council during the following annual report.
  2. (b) Contents of surveillance technology impact report. A surveillance technology impact report submitted pursuant to subsection (a) above shall include all of the following: (1) Information describing the surveillance technology and how it works; (2) Information on the proposed purpose(s) for the surveillance technology; (3) Information describing the kind of surveillance the surveillance technology is going to conduct and what surveillance data is going to be gathered; (4) The location(s) it may be deployed and when; (5) A description of the privacy and anonymity rights affected and a mitigation plan describing how the department's use of the equipment will be regulated to protect privacy, anonymity, and limit the risk of potential abuse; (6) The potential impact(s) on privacy in the city; the potential impact on the civil rights and liberties of any individuals, communities or groups, including, but not limited to, communities of color or other marginalized communities in the city, and a description of whether there is a plan to address the impact(s); (7) An estimate of the fiscal costs for the surveillance technology, including initial purchase, personnel and other ongoing costs, and any current or potential sources of funding; and (8) An explanation of how the surveillance use policy will apply to this surveillance technology and, if it is not applicable, a technology-specific surveillance use policy.
  3. (c) A technology specific surveillance use policy shall be required if the purpose, authorized use, data collection, data access, data protection, data retention, public access, third party data sharing, training, or oversight of the requested surveillance technology submitted under subsection (a) above differ from the standards in the surveillance use policy submitted under section 10-64 . A technology specific surveillance use policy shall not conflict with any provision of the city's surveillance use policy. To the extent a conflict arises between the provisions of the city's surveillance use policy and a technology-specific surveillance use policy, the city's surveillance use policy shall govern. A technology-specific surveillance use policy shall include all of the elements of the surveillance use policy as outlined in section 10-64 (b)(1)-(10).
  4. (d) In approving or disapproving any acquisition or use of surveillance technology, the city council shall consider the safeguarding of individuals' right to privacy as well as the investigative and prosecutorial functions of the police department and promoting and ensuring the safety and security of the general public.
  5. (e) Any surveillance technology impact report, and, if necessary, technology-specific surveillance use policy submitted to the city council under section 10-65(b) or 10-65(c) shall be made publicly available upon submission to the council.
Sec. 10-66. Annual surveillance report.
  1. (a) Within 12 months of the effective date, and annually thereafter, all city departments shall submit to the mayor an annual surveillance report pertaining to each city department for which approval for the use of surveillance technology or surveillance data has been obtained under section 10-65 of this article. Upon receipt of such reports, the mayor shall promptly submit them to the city council. Any annual surveillance report submitted under this section shall be made publicly available upon submission to the council.
  2. (b) The annual surveillance report submitted pursuant to this section shall include all of the following: (1) A description of how surveillance technology has been used, including whether it captured images, sound, or information regarding members of the public who are not suspected of engaging in unlawful conduct; (2) Whether and how often data acquired through the use of the surveillance technology was shared with local, state, and federal, the name of any recipient entity, the type(s) of data disclosed, any legal standard(s) under which the information was disclosed, and the justification for the disclosure; (3) A summary of community complaints or concerns about the surveillance technology, if any; (4) The results of any internal audits, any information about violations of the surveillance use policy, and any actions taken in response other than to the extent that such inclusion would violate the privacy rights of an employee of the city; (5) Whether the surveillance technology has been effective at achieving its identified purpose; (6) The number of public records requests received by the city seeking documents concerning surveillance technology approved during the previous year; (7) An estimate of the total annual costs for the surveillance technology, including personnel and other ongoing costs, and what source(s) of funding will fund the technology in the coming year, if known; (8) Whether the civil rights and liberties of any communities or groups, including communities of color or other marginalized communities in the city are disproportionately impacted by the deployment of the surveillance technology; and (9) A disclosure of any new agreements made in the past 12 months with non-city entities that may include acquiring, sharing, or otherwise using surveillance technology or the surveillance data it provides.
  3. (c) Based upon information provided in the annual surveillance report, the city council shall determine whether the benefits to the impacted city department(s) and the community of the surveillance technology outweigh the financial and operational costs and whether reasonable safeguards exist to address reasonable concerns regarding privacy, civil liberties, and civil rights impacted by deployment of the surveillance technology. If the benefits or reasonably anticipated benefits do not outweigh the financial and/or operational costs or civil liberties or civil rights are not reasonably safeguarded, the city council may recommend modifications to the surveillance use policy that are designed to address the city council's concerns to the mayor for his consideration; and/or request a report back from the mayor regarding steps taken to address the city council's concerns.
  4. (d) Nothing in this article shall prohibit the city council from enacting a separate ordinance to ban or otherwise regulate any surveillance technology, whether previously approved or not.
  5. (e) No later than May 31 of each year, the city council shall hold a meeting to discuss the city departments' annual surveillance reports, and shall publicly release a report that includes a summary of all requests for approval of surveillance technology received by the city council during the prior year, including whether the city council approved or disapproved of the surveillance technology.
Sec. 10-67. Enforcement.
  1. (a) Enforcement officials. This article shall be enforced by the mayor's office or the mayor's designee.
  2. (b) Suppression. No data collected or derived from any use of surveillance technology in violation of this article and no evidence derived therefrom may be received in evidence in any proceeding in or before any department, officer, agency, regulatory body, legislative committee, or other authority subject to the jurisdiction of the City of Somerville.
  3. (c) Cause of action. Any violation of this article constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandamus in any court of competent jurisdiction to enforce this article. An action instituted under this paragraph shall be brought against the city and, if necessary to effectuate compliance with this article, any other governmental agency with possession, custody, or control of data subject to this article.
  4. (d) The city will address alleged violations of this article in accordance with its usual practices, applicable law and contractual obligations.
  5. (e) Whistleblower protections. Subject to the limitations and requirements set forth in G. L. c. 149, § 185 (the "Massachusetts whistleblower statute" or "Section 185") as it may be amended from time to time, any city employee as defined in Section 185 who reports an alleged violation of this article, shall be afforded protections against retaliation if applicable pursuant to Section 185, as set forth in and subject to the limitations and requirements of Section 185.
  6. (f) Nothing in this article shall be construed to limit or affect any individual's rights under state or federal laws.
Sec. 10-68. Severability.

The provisions in this article are severable. If any part or provision of this article, or the application of this article to any person or circumstance, is held invalid by a court of competent jurisdiction, the remainder of this article shall not be affected by such holding and shall continue to have full force and effect.

Sec. 10-69. Effective date.

This article shall become effective on October 15, 2020.

Secs. 10-70-10-100. Reserved.
ARTICLE IV. PROHIBITION ON BIASED BASED POLICING AND RACIAL PROFILING
Sec. 10-101. Purpose.

The City of Somerville and the Somerville Police Department are committed to the unbiased, equitable treatment of all. Racial and other types of profiling are illegal and ineffective methods of law enforcement. Allegations of biased based policing or discriminatory practices, real or perceived, undermine public safety and are detrimental to the relationship between the department and the community because that relationship is based on public trust. The city and the department are committed to providing all people within this community fair and impartial police services consistent with constitutional and statutory mandates, respecting the diversity and cultural differences of all people, and taking positive steps to identify, prevent and eliminate any instances of biased based policing.

Sec. 10-102. Definitions.

Biased based policing . The selection of an individual(s) for law enforcement action or differential treatment of an individual(s) in the performance of police services based on or influenced by a perceived trait common to a group. This includes, but is not limited to, race, ethnic background, skin color, gender, sexual orientation, religion, economic status, age, cultural group, family or relationship structure, or any other identifiable group.

Fair and impartial treatment . The treatment of persons irrespective of individual demographics, in the same basic manner under the same or similar circumstances. Reasonable concessions and accommodations may be made, when dealing with individuals with physical, developmental or mental disabilities, injury, illness, deafness, blindness, substance abuse disorders or similar conditions, individuals whose primary language is a language other than English, individuals of various cultural backgrounds, and individuals of youthful age, or when information about a person legally necessitates different treatment.

Individual demographics . Personal characteristics to include, but not be limited to: race, creed, color, ethnicity, national origin, ancestry, religion, age, gender, sex, gender identity/expression, sexual orientation, socioeconomic status, disability, immigration status, familial status, housing status, occupation, language fluency, cultural group, political status, source of income, or any other identifiable characteristics.

Police services . Actions and activities the police engage in that bring them into contact with the public. These tasks include but are not limited to crime prevention and investigation, preventive patrol, traffic control, traffic accidents, medical emergencies and lifesaving services, assistance at fire scenes, public information and education.

Racial profiling . A form of biased based policing involving the detaining or stopping of a person based on a broad set of criteria which cast suspicion on an entire class of people without any individualized suspicion of the particular person being stopped. One of the motivating factors of the action taken is based on the individual's race, color, ethnicity, or national origin rather than on the individual's behavior or on information of the type and kind customarily and reasonably relied upon in identifying an individual as having engaged in suspected illegal activity. Use of race, color, ethnicity, or national origin as part of a description provided during a suspect­ specific incident does not constitute racial profiling.

Suspect-specific incident . An incident in which a department employee is lawfully attempting to detain, apprehend, or otherwise be on the lookout for one or more specific suspects who have been identified or described in part by race, color, ethnicity or national origin.

Sec. 10-103. Prohibitions and procedures.
  1. (a) Biased based policing is prohibited both in enforcement of the law and the delivery of police services by any department employee.
  2. (b) Racial profiling is prohibited both in enforcement of the law and the delivery of police services by any employee. Discriminatory pretextual stops are prohibited under state and federal law, police department policy, and by this article.
  3. (c) Department employees shall accord fair and impartial treatment to all persons .
  4. (d) Individual demographics shall not be used when performing law enforcement duties or delivering police services except when such characteristics are part of a suspect specific incident, or description of person in need of services.
Sec. 10-104. Complaints and compliance.
  1. (a) Any person claiming to be aggrieved or to have witnessed biased policing or racial profiling may file a complaint. No person shall be discouraged, intimidated, or coerced from filing such a complaint, nor shall any person be discriminated or retaliated against because he or she has filed a complaint of this nature.
  2. (b) The department shall use established citizen complaint procedures to document and investigate any allegations of profiling or other forms of biased based policing . Such complaint procedures shall be made easily accessible to the public through publication on the department website.
  3. (c) All complaints of biased policing or racial profiling filed or presented to the city shall be directed to the department's office of professional standards.
  4. (d) The department's office of professional standards will conduct a thorough investigation, consistent with the established citizen complaint process, for review by supervisory staff and the chief of police.
  5. (e) If the complaint is substantiated, the department will take appropriate measures commensurate to the severity of the substantiated complaint.
  6. (f) The department shall maintain data relating specifically to complaints of biased policing and racial profiling. Information shall be provided to the chief of police or designated authority on a quarterly basis, in a manner most suitable for administrative review, problem identification, and development of appropriate corrective actions to prevent biased policing and racial profiling.
  7. (g) Any penalty for violation of this article related to any employee not acting in conformity therewith shall be limited to that provided for under state or federal law , which violation may include discipline up to and including termination from employment as consistent with federal and state law requirements.
  8. (h) The declaration of prohibitions set forth above shall not create any new or separate legal rights or claims by or on behalf of any third party and shall not be construed as a waiver, modification , or alteration of any available defense or governmental immunity of the city under federal or state law.
Sec. 10-105. Training.

All department employees engaged in law enforcement activities shall receive annual training and guidance in biased based policing and prohibited racial profiling while conducting law enforcement activities and police services . Such training shall include but not be limited to the following:

  1. (a) Dissemination of this ordinance and department policy relative to biased based policing to all employees;
  2. (b) Instruction in legal aspects of biased based policing; and
  3. (c) Training of supervisory personnel to monitor police conduct to identify biased based policing and ensure standard of this policy are carried out by employees under their supervision .
Sec. 10-106. Annual review.
  1. (a) The department shall conduct an annual review of employee law enforcement practices and report the findings to the chief of police. The data shall include but not be limited to an analysis of available demographic data related to the following: traffic contacts, field contacts, asset seizures, and asset forfeitures.
  2. (b) This review shall include an annual administrative review of employee law enforcement practices and citizen concerns.
  3. (c) The department shall review and, where appropriate, revise all procedures that involve the stop, detention, apprehension , or search of individuals to ensure that these procedures are in compliance with provision of the law and this policy.
  4. (d) The department shall provide a copy of this report to the city council no less than annually and shall provide an updated report more frequently as circumstances might warrant.
  5. (e) The department shall produce an annual report that shall be made easily accessible to the public through publication on the department website. The data underlying the report and analysis will also be subject to Massachusetts public records law subject to all relevant and appropriate exemptions.
Secs. 10-107-10-130. Reserved.
ARTICLE V. TEAR GAS AND CROWD CONTROL
Sec. 10-131. Purpose.

The purpose of this article is to ban the use of tear gas and to restrict the use of other chemical crowd agents and kinetic impact projectiles in order to protect residents of Somerville from the indiscriminate, dangerous, and even fatal impacts of such devices, especially during lawful protests and/or demonstrations. These devices can have significant impacts on both the physical and mental well-being of residents who choose to exercise their first amendment rights by participating in demonstrations, as well as on innocent bystanders and the environment.

Sec. 10-132. Definitions.

Chemical crowd control agent shall mean a chemical compound, other than tear gas or pepper spray as defined in this section, in any form that are meant to cause a burning irritation or sensation to the eyes, mouth, throat, lungs, or skin, including, but not limited to, mace, inert smoke, pepper pellets, and pepper balls. These chemical compounds may include, but are not limited to, chloroacetophenone (CN), chloropicrin (PS), bromobenzylcyanide (CA), dibenzoxazepine (CR), and combinations thereof.

Kinetic impact projectile shall mean an item or instrument fired from a gun or launcher intended to disorient and/or incapacitate and inflict pain without penetrating the skin, including, but not limited to, rubber bullets, sponge grenades, stun grenades, concussion grenades, flash grenades or flash-bangs, beanbag rounds, super-sock rounds, wax bullets, and plastic bullets.

Other law enforcement officers shall mean, except to the extent prohibited by law, any law enforcement officers who are not Somerville Police Officers but who are engaged in law enforcement activities within the City of Somerville.

Pepper spray shall mean oleoresin capsicum spray, OC spray, capsaicin spray, capsicum spray, or any other similar lachrymatory agent, in spray or aerosol form, containing oils derived from cayenne pepper irritating to the eyes and respiratory passages and used as a disabling weapon that is intended to irritate the eyes, to cause a burning sensation, pain, or temporary blindness and to cause inflammation of the nose, throat and skin.

Somerville Police Officers shall mean all sworn officers of the Somerville Police Department.

Tear gas shall mean a chemical crowd control or riot control agent whose defining chemical component is 2-chlorobenzalmalononitrile, orthochlorobenzalmalononitrile, o-Chlorobenzylidene malononitrile, and shall not include pepper spray.

Sec. 10-133. Restriction on the use of tear gas, chemical crowd control agents, kinetic impact projectiles, and pepper spray.
  1. (a) The use of tear gas by the Somerville Police Department or any other law enforcement officers shall be prohibited.
  2. (b) Subject to the provisions of paragraph (c) below, the use of chemical crowd control agents and kinetic impact projectiles by Somerville police officers and other law enforcement officers shall be limited to being weapons of last resort, to be used only if all other reasonable methods of de-escalation have been unsuccessful.
  3. (c) Exceptions and exemptions. Kinetic impact projectiles and/or chemical crowd control agents may only be deployed if: (1) An on-scene supervisor of the rank of captain or higher, or shift commander, specifically authorizes such use in response to specific ongoing acts of violence or destruction of property that the on-scene supervisor has personally witnessed and has determined cannot be controlled or quelled through any other methods, and has determined that no other reasonable methods of de-escalation will be successful in preventing or controlling such acts; and (2) The on-scene supervisor witness who authorizes such use, or an officer of equal or higher rank, has given at least two separate warnings over a loudspeaker system, including, but not limited to, a vehicle p.a. system or an amplified bullhorn, a) directing the persons involved in the gathering to disperse, after ensuring that people have a reasonable and sufficient way to disperse after a warning is issued, notifying all who could be affected that a failure to disperse will result in the use of a specific kinetic impact projectile or chemical crowd control agent, which must be identified in such warning, and c) notifying all who could be affected that the specific kinetic impact projectile or chemical crowd control agent will be deployed within a clearly defined period of time. Such warnings must be at least two minutes apart, and there must be no less than two minutes after the second warning has been fully read before any use of the specifically announced kinetic impact projectile and/or chemical crowd control agent.
  4. (d) The use of pepper spray by the Somerville Police Department or any other law enforcement officers shall not be permitted unless: (1) An emergency exists that requires the immediate use of pepper spray to prevent serious bodily injury or death; or (2) An officer a) personally witnesses on-going and illegal acts of violence, property destruction, imminent threats of violence, or imminent threats of property destruction involving a weapon, b) is unable to arrest or detain an individual using a lower level of force, and c) provides a clear verbal warning of the imminent deployment of pepper spray prior to its use and affords a reasonable opportunity for the individual(s) to cease and/or comply.
Sec. 10-134. Enforcement.
  1. (a) The Somerville Police Department shall take appropriate steps to implement this article forthwith, including, but not limited to, a) by posting a copy of this article in a prominent and visible location in all police stations within the City of Somerville, b) by notifying all other law enforcement agencies that may operate within the City of Somerville about this article and supplying a copy of the article to each of said agencies, and c) by incorporating the limitations on the use of tear gas , pepper spray , chemical crowd control agents , and kinetic impact projectiles set forth in section 10-133 of this article into officer training regarding the use of less lethal and non-lethal force in policing.
  2. (b) Any violation of this article constitutes an injury and any person may institute proceedings for injunctive relief, declaratory relief, or writ of mandate in any court of competent jurisdiction to enforce this article. An action instituted under this paragraph shall be brought against the City of Somerville and, if necessary to effectuate compliance with this article, any other governmental agency subject to this article.
  3. (c) In any civil or criminal action brought under any state or federal statute or constitutional provision arising out of the use of force by any law enforcement officer within the City of Somerville, the prohibitions contained in section 10-133 of this article shall be deemed to be the clearly established law of the City of Somerville, and any violation of those prohibitions shall be considered unlawful.
  4. (d) The City of Somerville will address alleged violations of this article in accordance with its usual practices, applicable law, and contractual obligations.
  5. (e) Nothing in this article shall be construed to limit any individual's rights under state or federal law.
  6. (f) All violations of this article by any Somerville police officer or other law enforcement officers shall be reported in writing, including the names of the offending Somerville police officers or other law enforcement officers, to all City of Somerville government agencies and departments which have any oversight responsibilities for the Somerville police department, and to all state agencies which have any oversight responsibilities for law enforcement agencies or departments. Such reports shall be a matter of public record to be published at least annually by the City of Somerville, and all such reports shall be made freely available upon request by any member of the public.
Sec. 10-135. Severability.

If any portion or provision of this article is declared invalid or unenforceable by a court of competent jurisdiction or by the office of the attorney general, the remaining provisions shall continue in full force and effect.

Sec. 10-136. Effective date.

This article, being necessary for the immediate preservation of the public peace, health and safety, and security of the public shall be effective 60 days after passage.

CHAPTER 11 PUBLIC WORKS*

*Charter reference(s) – Department of public works, § 40; powers and duties of commissioner of public works, § 40A; appointment of commissioner of public works, § 40B; divisions established within department of public works, § 40C; city engineer and superintendents to control divisions of department of public works, § 40D.

Cross reference(s) – Administration, Ch. 2; housing, Ch. 7; streets, sidewalks and other public places, Ch. 12.

State law reference(s) – Municipal authority to regulate sewers and drains, M.G.L.A . c. 40, § 21(5); municipal authority to regulate pipes and fixtures for waterworks, M.G.L.A. c. 40, § 21(7); municipal authority to regulate pipes, fittings and fixtures supplying gas to structures, M.G.L.A. c. 40, § 21(18); municipal authority to regulate excavations, M.G.L.A. c. 40, § 21(19); public water supply, M.G.L.A. c. 40, § 38 et seq.; officers in charge of roads, sewers and water works, M.G.L.A. c. 41, § 62 et seq.; board of public works, M.G.L.A. c. 41, § 69C et seq.

ARTICLE I. IN GENERAL
Sec. 11-1. Commissioner of public works duties.
  1. (a) The commissioner of public works shall have the direction and control of the construction, alteration, repair, maintenance and management of ways, streets, sidewalks and bridges; he or she shall have the powers and discharge the duties of surveyors of highways; the construction, alteration, repair and care of main drains and common sewers; the care, superintendence and management of the public grounds and parks, including cemeteries; he or she shall make and have the custody of all plans, surveys, measurements and levels appertaining to public ways, drains, sewers, waterworks or lands; he or she shall have charge of the construction, alteration, repair, maintenance and care of public buildings; he or she shall have charge, so far as the rights of the city extend, of fire alarm and police signal systems and of all electric light, power, telephone, telegraph and trolley wires, of all gas pipes and street lighting; he or she shall have charge of the construction, extension, alteration, repair, care and management of the waterworks; and shall perform such other duties as the city council may direct.
  2. (b) By direction of the city council, the commissioner of public works shall have the direction and control of and shall attend to and have charge of the collection, carrying away and disposal of house offal, ashes, rubbish and house dirt of the city.
Sec. 11-2. Towing vehicles that obstruct snow removal.

The commissioner of public works is hereby authorized and empowered for the purpose of removing snow or ice from any way, to remove, or cause to be removed to some convenient place, including in such term a public garage, any vehicle interfering with such work, and impose liability for cost of such removal and of the storage charges, if any result therefrom, upon the owner of such vehicle. The charges for such towing and the parking fine established for violation of this section are on file in the city clerk's office.

Cross reference(s) – Removal of abandoned automobiles and motor vehicles, § 9-92 .

State law reference(s) – Authorized, M.G.L.A . c. 40, § 21(16).

Sec. 11-3. Department of public works divisions.
  1. (a) There shall be established within the department of public works the following divisions: (1) Division of highways, electric lines and lights; (2) Division of engineering; (3) Division of waterworks; (4) Division of buildings.
  2. (b) Each division of the department of public works shall have the management and control of such of the duties of the department of public works as may be determined by the commissioner of public works or by the city council .

Charter reference(s) – Similar provisions, § 40C.

Cross reference(s) – Residency requirement, 2-310 et seq.

Sec. 11-4 Directors of department of public works divisions.

There shall be a superintendent of the division of highways, electric lines and lights; a city engineer; a superintendent of the division of waterworks; a superintendent of the division of buildings; and a supervisor of school facilities and energy conservation. The city engineer and the superintendents of the various divisions shall have the charge of their respective divisions under the direction of the commissioner of public works.

Charter reference(s) – Similar provisions, § 40D.

Secs. 11-5-11-29. Reserved.
ARTICLE II. TRASH*
Sec. 11-30. Collection of ashes and offal.

The collection of ashes and offal shall be the responsibility, and administered as a section of the division of highways, electric lines and lights of the department of public works by direction of the city council .

Cross reference(s) – Disturbing trash containers before collection, § 11-41 ; placing trash in public trash containers, § 11-42 ; littering and dumping trash and rubbish on public property, § 12-3 ; temporary obstructions on streets and sidewalks, § 12-12 .

Sec. 11-31. Household trash and rubbish collection.
  1. (a) Purpose. It is the intent of the city council that this chapter be liberally construed for the purpose of providing a sanitary and satisfactory method of handling, collecting, and disposing of refuse and for the maintenance of public and private property free of litter in a clean, orderly and sanitary condition for the appearance, health and safety of the community.
  2. (b) Definitions. For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Aluminum means aluminum cans, aluminum foil, and aluminum containers or trays used in packaging, preparation or cooking of food.

Authorized litter receptacles means receptacles for the use of the general public placed outdoors by the city or by private persons on either public or private property. The receptacles shall be designed so as to prevent the escape of litter onto any public or private property. The receptacles may be identified by an appropriate sign, furnished either by the city or the owner, which includes the statement, "No Littering Subject to Fine Allowed by Law."

Authorized recycling receptacles means "household recycling receptacle," "textile recycling receptacle," "toter" or "paper leaf bag" as defined herein.

Authorized refuse receptacles means authorized recycling receptacles and authorized rubbish receptacles.

Authorized rubbish receptacles means receptacles that contain rubbish awaiting collection and are kept outdoors. They shall be constructed preferably of heavy plastic or of metal, with tight-fitting covers, and shall be flytight, rodent resistant, nonflammable and waterproof. Authorized rubbish receptacles for city rubbish collection shall not exceed 50 pounds per container. Limit on weight does not apply to authorized rubbish receptacles for private collection. Receptacles should have the resident’s address displayed clearly on the side of the barrel.

Cans means all containers composed in whole of iron or steel (so-called tin cans) used as containers for the packaging or storage of various food and non-food items, except containers that contain paint or petroleum-based solvents, and any pressurized aerosol cans.

Commercial establishment means any nonresidential building, including, but not limited to, those used for retail, wholesale, industrial, manufacturing, dining, offices, professional services, automobile service, hotels and motels, restaurants, or shipping and receiving areas.

Corrugated cardboard means paper in which a portion has been made to have a wavy surface (alternating ridges and grooves) and is placed between two flat surfaces for the sake of strength, and which is commonly used to form cartons.

Glass containers means bottles and jars, made of silica, sand, soda ash, and limestone, being transparent or translucent, and used for packaging or bottling various materials. This does not include plastics or glass products such as window glass, blue glass, flat glass, mirrors, plate glass, light bulbs, dishes or ceramics.

Household recycling receptacle means a container designed for use by one household to store recyclable materials between pickups.

Leaves means deciduous and coniferous seasonal deposition from trees.

Litter means all refuse, and includes any other waste material which, if thrown or deposited as prohibited in this chapter, tends to create a danger or nuisance to public health, safety or welfare.

Magazines means publications printed on glossy, clay-coated paper.

Newspaper means newsprint-grade paper, the common, inexpensive machine-finished paper made chiefly from wood pulp, which is printed and distributed, and includes all newspaper advertisement, comics and enclosures. This does not include newspaper soiled by food, paint, petroleum products, oil or oil solvents, or other solid wastes that are not recyclable.

Nonprofit establishment means an established organization or foundation dedicated to public service or culture, including, but not limited to, religious, educational and health care functions.

Occupant means any person living, sleeping or cooking in, or conducting any commercial or nonprofit activity, or having actual possession of any building or part thereof.

Owner means any person or entity which alone or jointly or severally with others:

  1. a. Shall have legal or equitable title to any private property with or without accompanying actual possession thereof; or b. Shall have charge, care or control of any private property as owner or as executor, administrator, trustee or guardian of the estate of the owner or any other person in a representative capacity.

Paper leaf bag shall be a sanitary Kraft Paper Sack or equal of 30-gallon capacity, two-ply 50-pound wet strength with decomposing glue and reinforced self-supporting square bottom closure.

Plastic means clear and colored bottles and jugs made from high-density polyethylene (HDPE) and polyethylene terephthalate (PET) plastics, excluding caps and lids.

Recyclable plastic means clear and colored plastic bottles, containers, and jugs marked #1-#7 with the exception of polystyrene and plastic film or bags.

Recyclable materials means any type of refuse designated by the commissioner of public works through rules and regulations issued under this chapter to be separated for recycling or composting.

Refuse means all solid waste generated by occupiers of land in Somerville, excluding construction demolition debris.

Residential dwelling means any residential building, including single-family homes, apartment buildings, buildings containing cooperatives and condominiums, group houses, rooming houses or boardinghouses.

Rubbish means all refuse excluding recyclable materials.

Sorted office paper means printed or unprinted sheets, shavings and cuttings of colored or white sulphite or sulphite ledger, bond, writing and other paper which have a similar fiber and filler content, and which are free of treated, coated, padded and heavily printed paper, carbon paper and non-paper materials.

Textile recycling receptacle means a bag or container specifically distributed for use to recycle clothing and other home goods (exclusive of white goods), as part of a textile recyclables program. All such receptacles are pre-approved by the commissioner of public works prior to their distribution and use. A plastic garbage bag shall not be an approved textile recycling receptacle.

Toter means a central collection container used for storage of recyclable materials between pickups from numerous households in a multifamily dwelling and compatible with collection equipment used by the city's recyclables collection contractor.

White goods means major kitchen and laundry appliances including, but not limited to, stoves, washers, refrigerators and dryers. Nothing in this definition shall waive compliance with the rules and regulations for the generation, transportation, storage, and disposal of hazardous waste.

Yard waste/debris means grass clippings, weeds, hedge clippings, garden waste, and twigs and brush not longer than three feet in length.

  1. (c) Private property owners and occupants--Duties. (1) Residential property. a. Every owner (or occupant if designated in a written agreement), shall supply authorized refuse receptacles sufficient to contain all refuse accumulated between collection days and to keep a tightly fitted cover in place at all times when refuse is contained therein, except when opened for the deposit or removal of refuse in accordance with subsection (g). The owner, his agent or occupant shall maintain the container so that all refuse spilled during usage is removed and the area is cleaned in a timely manner. It shall be unlawful for any person other than the owner, his agent or occupant of the premises served by a refuse container to deposit or cause to be deposited therein any article or thing whatsoever. b. Every owner (or occupant, if designated in a written agreement), or the occupant of a single-family dwelling, shall cause the shared or common areas of the dwelling, its premises and yard area, and the adjoining sidewalk and gutter to be maintained in compliance with these ordinances. c. Every occupant shall dispose of all refuse in a clean and sanitary manner in compliance with these ordinances. (2) Private property occupied by commercial or nonprofit establishments . Every owner (or occupant, if designated in a written agreement) shall supply a sufficient quantity of authorized refuse receptacles in compliance with these ordinances. If refuse is not collected by the city , arrangements shall be made for adequate and regular private collection of refuse in compliance with these ordinances.
  2. (d) Private property owners and occupants--Keeping premises and adjacent areas free of litter . (1) Maintenance of private property . Every owner or occupant of private property shall maintain his property free of any accumulation of litter, and shall prevent any litter from escaping to any other public or private property. (2) Maintenance of sidewalks . Every owner or occupant of private property bordering on a street where there is a public or private sidewalk or footway shall maintain such sidewalk or footway free of litter. (3) Every owner or occupant of private property shall cut and dispose of weeds in any yard area or vacant lot, or around any public or private property. (4) No person shall sweep into or deposit in any gutter, street, square or other public place the accumulation of litter from any building or lot, or from any public or private sidewalk, footway or driveway.
  3. (e) Litter from commercial or nonprofit establishments. (1) Litter from commercial or nonprofit establishments shall not be thrown or deposited in any public litter receptacles by the owners, occupants, employees or agents of the commercial or non-profit establishments. (2) Commercial or nonprofit establishments may maintain authorized litter receptacles for the use of the general public outdoors on private property or on the adjoining sidewalk in a manner not to inconvenience the use of the sidewalk by pedestrians. The establishments are encouraged to identify such authorized litter receptacles as described in these ordinances.
  4. (f) City's duties and responsibilities. (1) The city shall maintain regular schedules of street cleaning, and shall post signs city-wide and otherwise publicize by all appropriate means the schedules of regular street cleaning times. (2) The city shall maintain regular schedules of refuse collection subject to the provisions of these ordinances, and shall publicize the schedules by all appropriate means. (3) The city shall maintain and service authorized litter receptacles owned by the city. (4) The city shall require all federal, state and local government organizations to comply with the regulations in these ordinances, for owners of private property and for commercial or nonprofit establishments. (5) The city shall publicize the provisions of this chapter through the media of signs, advertisements, flyers, leaflets, announcements on radios and television, newspaper articles and through any other appropriate means, so that all citizens will have the opportunity to become informed about the legal duties of property owners and occupants, pedestrians and motorists, and about the city recycling, refuse and anti-litter services. (6) The city shall maintain a citizen information service to disseminate information and to accept and to track complaints about litter, recycling, refuse and snow removal problems.
  5. (g) Time of placement. All refuse shall be placed upon the sidewalk not earlier than 4:00 p.m. of the day prior to collection and no later than 7:00 a.m. on collection day. Additionally, all empty cans and lids will be removed from the sidewalk by 7:00 p.m. the day of collection. There will be one collection day weekly. If refuse is placed out for collection after 7:00 a.m. and the collector has already driven by the residence, the refuse will not be collected and the owner or occupant shall be responsible for removing the refuse from the sidewalk.
  6. (h) Use of receptacle. (1) Any person desiring the removal of refuse from private residential property of six units or less shall cause the refuse to be placed in authorized refuse receptacles. No receptacle shall exceed 50 pounds per container or a 64-gallon volume. (2) The city will not be responsible for any damage to barrels, including but not limited to splitting and/or denting due to subzero temperatures and icing. (3) Nonregulation barrels or any other unapproved containers will be treated as a bulk item and disposed of as such. Cardboard barrels and cardboard boxes are deemed unapproved containers. If such a container falls apart during collection, any rubbish remaining shall not be the responsibility of the city.
  7. (i) Paper goods. Newspapers , magazines , or collapsed cardboard boxes may be set out in securely tied bundles not to exceed 50 pounds.
  8. (j) Yard waste/debris . Yard waste/debris such as tree trimmings, hedge clippings and similar materials shall be cut to a length not exceeding three feet and shall be securely tied in bundles before being set out for collection or disposed of in either paper leaf bags or barrels labeled with “yard waste” stickers provided by the department of public works.
  9. (k) Hazardous waste. Hazardous waste shall not be put out for collection. Hazardous waste includes gasoline, explosives, compressed gases from other than household consumer products, explosive chemicals, wet-cell batteries, tires and all other hazardous wastes as so defined by the department of environmental protection or any other materials as the commissioner of public works may determine to be hazardous.
  10. (l) Bulk items. (1) Bulk items shall not be deemed to be acceptable rubbish. A bulk item shall be defined as any item so large or heavy that one man could not reasonably handle it, any item over 75 pounds or anything in the following categories: a. Auto parts, such as generators, starters, air-cleaners, auto seats, wheel rims, or small pieces of body metal, but not to include large pieces of body metal or engine blocks, dismantled swing sets with concrete footings removed, bicycles and other similar items. b. Appliances such as stoves, air conditioners, dishwashers, washing machines, dryers, hot water heaters and refrigerators will be picked up by the city, but are required to have all doors completely removed prior to being placed on the sidewalk for collection and must have affixed thereon a white goods disposal sticker purchased from the department of public works. (2) If in the opinion of the commissioner of public works or his or her designee the household refuse from any one household is unusually great or if the quantity, size, weight or nature of bulk items cannot be reasonably handled, they will not be collected. Earth, stones, tree trunks or large tree limbs will not be collected by the city and are the responsibility of the resident for disposal. (3) The following items will be accepted at the department of public works yard, sanitation division garage during normal business hours: a. Automobile tires (unmounted, not mounted) up to four each; b. Automobile wet-cell batteries up to two each.
  11. (m) Building materials. Building materials from owner-occupied one- or two-family dwellings where the owners and not private contractors have done repairs or rehabilitation will be picked up subject to the following restrictions: (1) Materials shall be tied in bundles not to exceed four feet in length or 24 inches in diameter or 50 pounds. (2) Such materials shall not exceed one cubic yard per collection. (3) Such collections will require a current building permit to be prominently displayed on the owner's building, and the following criteria must be met: the building permit is for an amount not to exceed $5,000.00, and the work must be performed by or supervised by the owner.
  12. (n) Violation. A violation of this section shall be punishable by a fine pursuant to the provisions of section 1-11 to be imposed on the resident or owner of the property or the person responsible where the violation occurs. Each violation shall be subject to judicial action pursuant to the provisions of Chapter 401 of the Acts of 1977 ( General Laws Chapter 40, Section 21D).
  13. (o) Illegal dumping. No household refuse or bulk item, as defined herein, shall at any time be placed on any property other than the owner's own residence for collection. Any person violating the provisions of this paragraph may be prosecuted under the provisions of Chapter 270, Section 16 of the General Laws.

Cross reference(s) – Noncriminal disposition for violation of residential trash ordinance, § 1-11 (b); disturbing trash containers before collection, § 11-41 ; placing trash in public trash containers, § 11-42 ; littering and dumping trash and rubbish on public property, § 12-3 ; temporary obstructions on streets and sidewalks, § 12-12 .

Sec. 11-32. Rubbish or trash picking, collecting or disturbing.

Ashes, recyclable materials, rubbish and garbage placed upon the sidewalk for collection shall be deemed to be in the custody of the commissioner of public works.

No person , other than the commissioner, his or her agents, or a person duly licensed by the commissioner in writing , shall disturb, collect or take away any ashes, rubbish or garbage so placed, except that the depositor may reclaim any or all of it.

Cross reference(s) – Collection of ashes and offal, § 11-30 ; household trash and rubbish collection, § 11-31 ; disturbing trash containers before collection, § 11-41 ; placing trash in public trash containers, § 11-42 ; littering and dumping trash and rubbish on public property, § 12-3 ; temporary obstructions on streets and sidewalks, § 12-12 .

Sec. 11-33. Reserved.
Sec. 11-34. Commercial trash and rubbish collection.
  1. (a) For the purpose of this section, commercial trash shall mean all rubbish , refuse , debris, garbage, scrap, by-products and other waste material produced by any commercial, industrial, manufacturing, retail and/or wholesale establishment, or by any individual, corporation or any other entity, that is not household refuse, including but not limited to: (1) Building materials. (2) Produce, including but not limited to vegetables, fruits and animal products. (3) Industrial and commercial appliances including but not limited to vending machines, coin-operated washers and dryers, restaurant equipment, and the packaging all such appliances come in. (4) Office equipment and furnishings. (5) Computers and computer-related equipment. (6) Motor vehicles, truck, and motorcycle parts. (7) Restaurant garbage.
  2. (b) It is mandatory that all such commercial trash shall be disposed of in accordance with the provisions of sections 8-16 , 11-31 , 11-41 , and 11-42 , by using either the collection service provided by the city , a duly licensed private trash collection service, or by dumping at any sanitary disposal site approved and licensed pursuant to the provisions of Chapter 111, Section 150A of the General Laws .
  3. (c) No commercial trash shall at any time be deposited on any way, public or private, on any public place or on the property of another.
  4. (d) No individual may bring any trash originating outside the boundaries of the city into the city.
  5. (e) Time of placement: When commercial trash is picked up between 7:00 p.m. and 9:00 a.m., the receptacle shall be placed upon the sidewalk no earlier than 6:00 p.m. prior to said pickup. When commercial trash is picked up between 9:00 a.m. and 6:00 p.m., the receptacle shall be placed upon the sidewalk no earlier than 7:00 a.m. on the day of pickup. Receptacles shall be removed from the public way within three regular business hours after collection for pickups between 6:00 p.m. and 9:00 a.m., and within three hours after collection for pickups between 9:00 a.m. and 6:00 p.m. In no event shall commercial trash receptacles remain on the public way for more than 24 hours after pickup, regardless of the regular business hours of the establishment. This subsection shall take effect on July 1, 2016.
  6. (f) A violation of this section, disposed of pursuant to the noncriminal disposition procedures of Chapter 40, Section 21D of the General Laws shall be subject to a penalty in accordance with the provisions of section 1-11 . Any judicial enforcement pursuant to complaint shall carry a fine of up to $300.00 per day for each day of violation. Any individual violating this section shall be required to remove any trash disposed of in violation of this section at his/her expense, or pay the costs of removal if removed by the city or its agents or employees.
Sec. 11-35. Trash and rubbish collection for dwellings with seven or more units.
  1. (a) All dwellings of seven or more units desirous of having their refuse , as defined in section 11-31 , collected by the city shall be subject to a fee of $150.00 per unit payable annually in advance. All of the definitions, time, place and manner restrictions and limitations regarding household trash and rubbish collection, as set forth in section 11-31 , shall apply to such dwellings.
  2. (b) It is mandatory that all trash from such dwellings shall be disposed of in accordance with the provisions of sections 8-16 , 11-31 , 11-34 , 11-36 , 11-41 , and 11-42 by using either the collection service provided by the city, a duly licensed private trash collection service, or by dumping at any sanitary disposal site approved and licensed pursuant to the provisions of Chapter 111, Section 150A of the General Laws .
  3. (c) A violation of this section, disposed of pursuant to the noncriminal disposition procedures of Chapter 40, Section 21D of the General Laws, shall be subject to a penalty in accordance with the provisions of section 1-11 . Any judicial enforcement pursuant to complaint shall carry a fine of up to $300.00 per day for each day of violation. Any individual violating this section shall be required to remove any trash disposed of in violation of this section, and provide any other remedy necessary to correct any actions in violation of this section, at his/her expense, or pay the cost of such removal or other remedy if removed or corrected by the city or its agents or employees.
  4. (d) The mayor or his or her delegate shall notify all affected property owners of this fee at least 90 days prior to the imposition of this fee.
Sec. 11-36. Grease containers.
  1. (a) Any container used by any food establishment, as defined in the State Sanitary Code Article X – Minimum Sanitation Standards for Food Service Establishments, for the storage, collection or removal of cooking grease or kindred refuse shall be constructed of impervious material and subject to the inspection of the health department. Cooking grease or kindred refuse shall be disposed of in a manner consistent with the State Sanitary Code and in accordance with the regulations of the department of environmental protection.
  2. (b) Grease containers - Maintenance and removal. (1) It shall be the duty of every person responsible for the use of a grease container in which cooking grease or kindred refuse is stored to (1) keep a tightly fitted cover in place, except when opened for the deposit or removal of its contents; and (2) remove spillage after every use by applying a cleaning agent and (3) contract with a licensed scavenger for grease removal. (2) It shall be the responsibility of every grease hauler responsible for the collection of any grease container in which cooking grease or kindred refuse is stored to: a. Provide a tightly fitting cover for the container; b. Resecure the container cover if it is removed during collection; c. Remove any grease spilled during collection by applying a cleaning agent. (3) Any person who violates any provision of this section shall be fined not less than $50.00 nor more than $300.00 for each offense. Each day a violation continues shall constitute a separate and distinct offense. A violation of this section, disposed of pursuant to the noncriminal disposition procedures of Chapter 40, Section 21D of the General Laws , shall be subject to a penalty in accordance with the provisions of section 1-11 .
Sec. 11-37. Disinfection of refuse vehicles.

Any person owning or controlling any refuse vehicle shall cause all vehicles and all implements used in connection with the loading or unloading thereof, when not in use, to be stored and kept in such a place and in such a manner as not to create a nuisance, and shall cause all such vehicles and implements to be thoroughly disinfected and put in an inoffensive condition when so stored or not in use. Such vehicles and implements shall be thoroughly disinfected at least once a week, whether in use or not, unless the same shall not have been used since the last disinfection thereof. Any owner or other person found in violation of this section shall be fined not less than $50.00 nor more than $300.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. A violation of this section, disposed of pursuant to the noncriminal disposition procedures of Chapter 40, Section 21D of the General Laws shall be subject to a penalty in accordance with the provisions of section 1-11 . Any judicial enforcement pursuant to complaint shall carry a fine of up to $300.00 per day for each day of violation.

Sec. 11-38. Rodent control.
  1. (a) Purpose . It is the purpose of this section to limit the population growth, and prevent the potential spread of infectious and contagious diseases by rats, mice, and other rodents (hereinafter referred to as “rodents”).
  2. (b) Definitions . As used in this section, the following words and phrases shall have the meanings ascribed to them in this section: (1) Exterminate means to eliminate rodents through methods utilized by a licensed pest control management company. (2) Exterminator means an individual duly licensed by the Commonwealth of Massachusetts to exterminate and in good standing. (3) Infestation means the recurrent presence, as determined by burrows, droppings, gnaw marks, tracks and other physical evidence, of rodents that is determined to be a threat to public health.
  3. (c) General requirements . (1) All premises and places shall be maintained free from rats, mice, and other rodents; and it is unlawful for the owner and/or occupant thereof to fail to take such reasonable preventive and remedial measures for such purposes as shall be prescribed by the superintendent of inspectional services or board of health. (2) The owners and/or occupants of premises shall: a. Implement rodent-proofing and extermination measures as set forth below to prevent rats, mice, or other rodents from gaining access to or coming into contact with food and water sources, including food products, animal food, or bird food; and b. Prevent the accumulation of materials stored in a manner capable of providing food or harborage for rodents, including, but not limited to, garbage, litter, excrement, filth, lumber, tree limbs, firewood, motor vehicle bodies or parts, construction or demolition debris, appliances, waste wood, scrap metal, overgrown vegetation, decaying animal or vegetable matter, and animal waste any other articles that provide shelter and protection for rodents.
  4. (d) Duty to implement rodent-proofing and extermination. (1) Rodent infestation . If evidence of a rodent infestation occurs, a property owner and/or occupant shall take all necessary measures at the expense of the owner and/or occupant to eradicate the infestation and prevent future infestation. In addition, the owner and/or occupant of the property shall perform all eradication measures as reasonably required by the superintendent of inspectional services or board of health, including, but not limited to, rodent-proofing and/or extermination by a duly licensed exterminator. (2) Permitted work . The superintendent of inspectional services is authorized to promulgate regulations regarding mandatory rodent extermination measures in advance of demolition, construction and land clearing projects on private property. The superintendent of public works is authorized to promulgate regulations regarding mandatory rodent extermination measures in advance of subsurface work in the public right-of-way and on private streets. Where rodent control is determined necessary, an extermination program shall begin on the project at least seven days prior to the start of work, unless waived by the respective superintendent. The extermination program must continue until substantial completion of the project unless otherwise waived by the respective superintendent.
  5. (e) Correction orders. If an inspection reveals a violation of this section, the superintendent of inspectional services or board of health shall issue a correction order. Such order shall be in writing and shall direct the discontinuance of the illegal action or condition and the abatement of the violation. Any owner and/or occupant served with a correction order under this section shall comply with the order within a period determined by the superintendent of inspectional services or board of health, but not to exceed 21 days.
  6. (f) Right of entry of superintendent of inspectional services or board of health. Whenever necessary to make an inspection to enforce or determine compliance with the provisions of this section, or whenever the superintendent of inspectional services or board of health has cause to believe that a violation of any provision of this section has been or is being committed, the superintendent of inspectional services, inspectors from the inspectional service department and the board of health shall have authority to enter any land, building, structure, or premises at reasonable times to inspect the same, provided such entry is consistent with the constitutions of the United States and the Commonwealth of Massachusetts. If entry is refused, the superintendent of inspectional services or board of health shall have recourse to the remedies provided by law to secure entry, including, but not limited to, obtaining a search warrant. Under these conditions, the superintendent of inspectional services or board of health and such authorized personnel may inspect the interior and exterior of buildings, other structures, or parcels on which a building has been demolished or is being constructed to determine evidence of rodent harborage and rodent infestation and when any evidence is found indicating the presence of rodents or openings through which rodents may enter such buildings or structures, to report such evidence to the inspectors who shall serve the owner, agent or occupant of such building, structure or parcel, with written notice to abate the conditions found.
  7. (g) Area baiting requirements and hearings. If the board of health has cause to believe that a specified geographic area has a rodent infestation, then the board of health, may schedule a public hearing upon 14 days' prior written notice to landowners within the identified area and 300 feet around, and after a public hearing, may require that the all landowners within the geographic area bait their property and/or take other remedial measures on such conditions and terms deemed necessary by the board of health.
  8. (h) Adoption of rules. The superintendent of inspectional services is authorized to adopt rules consistent with this section for the purpose of carrying out and enforcing its provisions.
  9. (i) Violations . It is unlawful for any owner or occupant of real property to fail to comply with the requirements of this section or any order of the superintendent of inspectional services or board of health issued to carry out or enforce the requirements of this section. The provisions of this section may be enforced by the superintendent of inspectional services or board of health, by a noncriminal disposition pursuant to G. L. c. 40, s. 21D. Each violation of a provision of this section is a separate and distinct offense and in a case of a continuing violation, each day that the violation continues constitutes a separate offense. Any person , firm, corporation, association or other entity violating any provision of this article shall be punished in accordance with section 1-11 of this Code . Any interested person may request, in writing, a hearing before a municipal hearing officer to contest the issuance of a fine, as provided in Chapter 106 of the Acts of 2008. The imposition of penalties herein prescribed shall not preclude the city from instituting other remedies to abate violations of this ordinances as permitted by law, including, but not limited to criminal proceedings, application for equitable relief, or receivership proceedings
  10. (j) Failure to comply – Work by City – Lien on property. If an owner and/or occupant fails to comply with this section after notice given hereinbefore set forth, the city may cause the work to be performed, and charge the owner of the property and place a lien against the property for expenses incurred.
Sec. 11-39. Removal of litter from a retail establishment’s parking area.
  1. (a) Every person owning, managing, or controlling any retail establishment with an adjacent parking area provided for customer use shall cause to be removed at his own expense all litter located in the parking area. It shall be the duty of the owner or manager to cause all litter placed in litter baskets to be deposited daily in the retail establishment’s commercial refuse container for removal by a licensed vendor.
  2. (b) It shall be the duty of every owner or manager to provide and maintain in good condition and in good repair litter baskets, sufficient in size and number to prevent any overflow or accumulation of litter outside the containers. Litter baskets shall be placed at appropriate locations throughout the parking areas so as not to constitute a nuisance to adjacent properties or occupants thereof.
  3. (c) Unremoved litter is hereby declared to be a public nuisance. It shall be the duty of the commissioner of public works or designee to serve notice in writing by certified mail upon the owner or manager where a nuisance may be found, requiring him to abate the nuisance within three days from receipt of the notice. The commissioner may prescribe in his notice the manner in which any nuisance may be abated. If the owner or manager fails within three days from the date of notice to abate the nuisance, or if the owner or manager is unknown or cannot, with due diligence be found, the commissioner may proceed to abate the nuisance or seek to enjoin the nuisance. In addition to any fine or penalty, an amount equal to three times the cost or expense incurred by the city in abating a nuisance may be recovered in an appropriate court action. Nothing in this section shall be construed to prevent the city from acting without notice to abate a nuisance in an emergency where nuisance poses an immediate threat to public health or safety, nor shall this section be construed to deny any common law right to anyone to abate a nuisance.
  4. (d) Any owner or other person found in violation of this section shall be fined not less than $50.00 nor more than $300.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense. A violation of this section, disposed of pursuant to the noncriminal disposition procedures of Chapter 40, Section 21D of the General Laws shall be subject to a penalty in accordance with the provisions of section 1-11 . Any judicial enforcement pursuant to complaint shall carry a fine of up to $300.00 per day for each day of violation.
  5. (e) The amendments to sections 11-31 , 11-34 and 11-35 and the new sections 11-36 , 11-37 , 11-38 and 11-39 shall take effect 90 days after enactment. For the first 60 days, violations of these sections shall be punished by the issuance of warnings.
Sec. 11-40. Mandatory recycling.
  1. (a) Purpose and declaration of policy. This section has been created because of the great interest of the people of Somerville in preserving the environment by reducing the amount of refuse sent to landfills and incinerators. It shall be the policy of the city to reduce the amount of solid waste generated and to require the recycling of recyclable materials to the fullest extent possible.
  2. (b) Establishment of program. There is established a program for the mandatory separation of certain recyclable materials from refuse which shall apply to all buildings in Somerville and shall be carried out under the supervision of the commissioner of public works.
  3. (c) Mandatory separation of recyclable materials. It shall be mandatory for each owner or occupant in Somerville to separate all designated recyclable materials from other refuse in accordance with the provisions of this section. These mandatory recycling requirements shall apply to all buildings without regard to whether the building's solid waste is collected by the city. (1) Buildings which receive city solid waste collection services. It shall be mandatory for each owner or occupant of a building which receives city solid waste collection services to separate from other refuse all recyclable materials designated by the commissioner in rules and regulations issued under this section. This requirement shall also apply to all city-owned buildings, including schools. (2) Buildings which do not receive city solid waste collection services. It shall be mandatory for each owner or occupant of a building which does not receive city solid waste collection to separate all designated recyclable materials from other refuse in accordance with a recycling plan to be submitted to the commissioner or his or her designee, in accordance with subsection (e) as set forth below.
  4. (d) Collection of recyclable materials. (1) Residential dwellings . a. The preparation and placement of recyclables shall be accomplished in accordance with the requirements relative to time of placement for refuse as stated in subsection 11-31 (g). b. All recycling containers and receptacles shall be placed for collection on the outer edge of the sidewalk, so as not to obstruct the free passage of pedestrians. c. Recyclables shall only be placed in authorized recycling receptacles . Recyclables shall not be placed in plastic garbage bags for collection, removal or disposal. Recyclables shall not be placed in the same refuse containers as rubbish or mixed with rubbish or litter for collection, removal or disposal. If separation of recyclable materials from rubbish does not take place, the city may decide not to collect said rubbish. d. Upon placement of recyclables for the city or its contractor at the curbside, pursuant to this subsection, such recyclables shall become the property of the city. It shall be a violation of this section if any person , other than authorized agents of the city acting in the course of their employment or contract, collects or causes to be collected any recyclables so placed. Each and every such collection in violation of this subdivision from one or more locations shall constitute a separate and distinct offense. In addition to the penalty provided in this section, any violator of this subsection shall make restitution to the city for the value of recyclables illegally removed. No fine or restitution requirement shall apply under this subsection to any violation by a person who collects recyclable containers redeemable under state law without use of a motor vehicle. (2) Commercial and nonprofit establishments . In commercial or nonprofit establishments, the materials designated for recycling in rules and regulations promulgated by the commissioner shall be placed in recycling receptacles provided by the owner or owners of such buildings. The owner or owners of such buildings shall be responsible for the costs of recyclables separation and collection. However, the owner or owners can choose to have the city provide recyclables collection provided that they pay a fee for the use of each recycling receptacle, as determined by the commissioner. The owner or owners of such buildings shall submit recycling plans to the commissioner in accordance with subsection (e) of this section. The commissioner shall have the authority to require documentation from the city's recyclables collection contractors and from any owner, lessee or tenant of a building which does not receive city recyclables collection services, that recyclables are being delivered to a broker or end market that causes the material to be recycled or composted rather than landfilled or incinerated.
  5. (e) Recycling plans. (1) All property owners of property whose recycling is not collected by the city or a contractor on behalf of the city are required to submit recycling plans to the commissioner upon request. (2) Contents of plan. Each recycling plan will cover the following items: a. Certification that all recyclable materials will be put out for collection; b. Frequency of collection; c. Methods to be used for collection, including types of containers; d. Any other items which may be specified in rules and regulations promulgated by the commissioner under this section. (3) Format of plan. Plans shall be submitted in a format to be specified in rules and regulations promulgated by the commissioner under this section.
  6. (f) Recyclable materials. The recyclable materials to be separated shall be designated by the commissioner in rules and regulations to be issued under this section.
  7. (g) Violation. A violation of this section shall be punishable by a fine pursuant to the provisions of section 1-11 to be imposed on the resident or owner of the property or the person responsible where the violation occurs. Each violation shall be subject to judicial action pursuant to the provisions of Chapter 401 of the Acts of 1977 ( General Laws Chapter 40, Section 21D).
Sec. 11-41. Disturbing trash containers before collection.

No person , except as authorized by ordinance of the city , by order, regulation, license or permission of the city council or other board or officer of the city thereto duly authorized, or except an officer or employee of the city and for some public purpose or use, shall move or disturb a barrel or other receptacle containing ashes or other refuse materials, or disturb, overhaul or interfere with the contents thereof, while said barrel or other receptacle remains in or upon a highway of the city, placed there in order that said contents may be carried away by some person authorized as aforesaid, or while said barrel or other receptacle remains in or upon a private way or land within ten feet of a highway, placed there in order that said contents may be carried away by some person authorized as aforesaid.

Cross reference(s) – Collection of ashes and offal, § 11-30 ; household trash and rubbish collection, § 11-31 ; rubbish or trash picking, collecting or disturbing, § 11-32 ; placing trash in public trash containers, § 11-42 ; littering and dumping trash and rubbish on public property, § 12-3 ; temporary obstructions on streets and sidewalks, § 12-12 .

Sec. 11-42. Placing trash in public trash containers.

No person , subject to fees for offal collection which fees are on file in the city clerk's office, shall deposit any rubbish, garbage or other offal in any public litter basket or barrel.

Cross reference(s) – Collection of ashes and offal, § 11-30 ; household trash and rubbish collection, § 11-31 ; rubbish or trash picking, collecting or disturbing, § 11-32 ; disturbing trash containers before collection, § 11-41 ; littering and dumping trash and rubbish on public property, § 12-3 ; temporary obstructions on streets and sidewalks, § 12-12 .

Sec. 11-43. Trash and litter removal from sidewalks.
  1. (a) No owner , tenant , or occupant of land or a building abutting upon a sidewalk within the limits of any public way in this city , and no agent of such owner having the charge of such land or building, shall place or suffer to remain on such sidewalk any rubbish, refuse, debris, garbage, scrap, by-products and other waste material. Such rubbish, refuse, debris, garbage, scrap, by-products and other waste material shall be removed on a daily basis and shall not be allowed to remain during any part of the nighttime, except as otherwise provided by ordinance regulating the collection of trash.
  2. (b) Whoever violates any of the provisions of this section shall be fined in accordance with section 1-11 .
  3. (c) Upon neglect or violation of the duty imposed by the provisions of this section, such duty may be performed by the superintendent of the highway division of the department of public works at the expense of the person liable to perform the same.

Cross reference(s) – Streets, sidewalks and other public places, Ch. 12.

Sec. 11-44. Trash and litter removal from storefronts and businesses.
  1. (a) No person in control of a place of business abutting on a street shall knowingly suffer any rubbish, litter or other refuse to remain in the open on the estate upon which such place of business is located, including the sidewalk immediately adjacent to such business, except in a receptacle from which such rubbish, litter or refuse is not likely to be blown onto such street.
  2. (b) Every business establishment licensed by the board of health as a "retail food store" or as a "food services establishment" as those terms are defined by department of public health regulation 105 CMR 590.001 and which provides private off-street parking for its customers shall provide one or more trash barrels to be located and properly secured outside such establishment at all times. The required number and size of said barrels and the frequency at which the barrels must be emptied shall be determined by the board of health. In no event shall said barrels be emptied less frequently than once a day.
  3. (c) Whoever violates any of the provisions of this section shall be fined in accordance with section 1-11 .

Cross reference(s) – Streets, sidewalks and other public places, Ch. 12.

Secs. 11-45-11-49. Reserved.
ARTICLE III. DIVISION OF HIGHWAYS, ELECTRIC LINES AND LIGHTS*

Charter reference(s) – Established, § 40C; superintendent to control, § 40D.

Cross reference(s) – Fire prevention and protection, Ch. 5; streets, sidewalks and other public places, Ch. 12.

State law reference(s) – Municipal jurisdiction over highways, M.G.L.A . c. 82, § 17; regulations relative to public ways generally, M.G.L.A. c. 85; construction of transmission lines and associated facilities, M.G.L.A. c. 166, § 21 et seq.; poles and wires, M.G.L.A. c. 166, § 30 et seq.

DIVISION 1. GENERALLY
Sec. 11-50. Superintendent of highways, electric lines and lights; highway duties.
  1. (a) The superintendent of highways, electric lines and lights shall cause the streets to be kept in good repair, safe and convenient for travelers, and shall see that all unlawful nuisances and obstructions therein are forthwith removed.
  2. (b) The superintendent of highways, electric lines and lights shall, at least once a year, carefully examine all bridges and report their condition to the city council .
  3. (c) Whenever any street or bridge of the city shall, from any cause, be unsafe for travel, the superintendent of highways, electric lines and lights shall forthwith put up a suitable fence across such street or bridge, and exclude travelers therefrom, or cause such parts thereof as are unsafe to be enclosed by a sufficient fence; and he or she shall keep lighted lanterns about the place every night as long as such fence shall be kept standing.

Cross reference(s) – Removal of signs, awning, outdoor seating and other items on or over streets and sidewalks, § 12-19 .

Sec. 11-51. Superintendent of highways, electric lines and lights; lines and lights duties.
  1. (a) The superintendent of highways, electric lines and lights shall have supervision of all wires over, under or in the streets and other public places and over buildings, and every wire within a building which is designed to carry any electric light or power current, and all poles, conduits and other structures holding, supporting or containing such wires in streets and other public places.
  2. (b) Whenever any such wire, pole, conduit or other structure is, in his or her judgment, unsuitable or unsafe, any person owning or operating the same shall immediately at his or her request repair or replace the same to his or her satisfaction.
  3. (c) The superintendent of highways, electric lines and lights may cause abandoned wires and poles to be removed.
  4. (d) The superintendent of highways, electric lines and lights shall see that all laws, ordinances and orders of the city council relating to such wires, poles, conduits and other structures are enforced.
  5. (e) Whenever in his or her opinion any wire appliance or apparatus used for the distribution of an electric current within a building is in a condition dangerous to public safety the superintendent of highways, electric lines and lights may direct any person using the same to shut off the current therefrom until existing defects are remedied and shall also notify the person or corporation supplying the current of existing defects. No person after being directed as aforesaid shall use or cause to be used any such wire, appliance or apparatus while in such a condition.
  6. (f) The superintendent of highways, electric lines and lights shall have supervision over the installation and maintenance of parking meters authorized to be installed by ordinance and shall collect or cause to be collected the monies deposited in said meters.

State law reference(s) – Municipal inspector of wires, M.G.L.A . c. 166, § 32.

Sec. 11-52. Superintendent of highways, electric lines and lights; additional lines and lights duties.

The superintendent of highways, electric lines and lights is hereby designated as the officer who shall have the authority and perform the duties provided for by Chapter 278 of the Acts of 1905 entitled; "An Act Relative to Wires and Electrical Appliances in the City of Somerville."

DIVISION 2. ELECTRIC LINES AND LIGHTS
Sec. 11-53. Disconnection and removal of electric wires.

The superintendent of highways, electric lines and lights or any member of the fire department or any other officer of the city may cut, disconnect and remove any wires whenever such wires interfere with the operations of firemen or the extinguishment of a fire or access to or egress from a building, or whenever such wires are for any other reason in his or her judgment a menace to person or property. The superintendent of highways, electric lines and lights may direct any person using a wire to shut off the current thereof for such period of time as he or she may deem necessary for public safety. Neither the city nor any officer mentioned in this section shall be liable for damages arising out of acts performed as set forth in this section.

Sec. 11-54. Placement and maintenance of electric wires and appliances.
  1. (a) All wires, appliances and apparatus in the interior of a public building or on private premises, which are intended for the transmission of electricity and to be connected with an outside circuit, shall be arranged, affixed, changed and maintained by the person owning or using the same, to the satisfaction of the superintendent of the division of highways, electric lines and lights of the public works department, who shall have access at all reasonable times to such wires, appliances and apparatus.
  2. (b) No person shall place such wires, appliances or apparatus in any building in process of construction until all gas, steam, sewer, water and furnace pipes have been placed in proper position. Before any person shall arrange, affix or change any such wires, appliances or apparatus, he or she shall notify the superintendent of highways, electric lines and lights, who shall be given ample opportunity to inspect the same, and no wire, appliance or apparatus shall be covered or enclosed before such inspection. Such wires on private premises shall not be connected with an outside circuit without written permission from the superintendent.
  3. (c) No person shall arrange, affix or change any such wires, appliances or apparatus or any fixture without first obtaining a permit so to do from said superintendent of highways, electric lines and lights.

Cross reference(s) – Licenses, permits and miscellaneous business regulations, Ch. 8.

Sec. 11-55. Laying conduit and wires and erecting poles.
  1. (a) Every petition presented to the city council for permission to erect poles or to lay conduits to support or to contain wires for the transmission of electricity, or the transmission of intelligence by electricity, telegraph, telephone, television, or otherwise, including, but not limited to, cable television and internet, shall be accompanied by a plan showing the exact proposed location of each pole or conduit. All petitions shall have the approval of the superintendent of highways, electric lines and lights or his or her designee, before being granted by the city council.
  2. (b) All the poles erected upon locations granted by the city council, and all other fixtures to which it is desired to attach wires, shall be located and placed as directed by the city council, and the particular position of such fixtures, unless designated by the city council, shall be satisfactory to the superintendent of the division of highways, electric lines and lights. A plan showing the exact location of each pole and conduit, certified by said superintendent and satisfactory in all respects to the city engineer, shall be made and filed by the person to whom the permission was granted, with the city engineer, within 20 days after the erection of said poles or the construction of said conduits.

State law reference(s) – Location of wires, M.G.L.A . c.166, § 22.

Sec. 11-56. Pole and transformer specifications.

All poles shall be made of such material as the city council shall direct, and each pole before being erected shall be approved by the superintendent of highways, electric lines and lights. All new and replacement poles shall not be less than 45 feet in length and of not more than 14 inches in diameter at the surface of the ground and shall be erected to have a pole length of at least 35 feet above the ground, unless the superintendent of highways, electric lines and lights shall direct that poles of other dimensions may be used.

All transformers mounted on wooden utility poles shall be limited in size not exceeding 150 KVA.

Sec. 11-57. Height of wires and poles.

All wires or poles shall be constantly maintained at a height from the ground of not less than 20 feet at every point, and shall be so constructed, placed and maintained as not to interfere with any other wires. The poles shall be erected and all wires placed thereon under the supervision and to the satisfaction of the superintendent of highways, electric lines and lights. No wire shall be attached to a pole by means of a bracket or other side fixture, nor shall the wires of more than one person be placed on the same crossarm.

Sec. 11-58. Pole maintenance and ownership signage.

Poles shall be kept well-painted, of a uniform color, and in good condition to the satisfaction of the superintendent of highways, electric lines and lights. The name of the owner , with a special number of each pole and owner, shall be distinctly painted in white letters upon a dark background or in some other suitable manner on every pole, about seven feet from the ground, or the owners of the pole and all other persons and corporations having authority to attach wires, crossbars or other things thereto shall be otherwise designated thereon by words or figures to the satisfaction of the superintendent of highways, electric lines and lights.

State law reference(s) – Similar provisions, M.G.L.A . c.166, § 31.

Sec. 11-59. City use of poles.

The city shall have the exclusive use of one crossbar of each pole free of cost, for the purpose of placing wires thereon for municipal purposes. Said crossbar shall be of such dimensions and have such number of pins as the superintendent of highways, electric lines and lights shall require, and shall be placed at not less than 30 inches from the next crossbar.

Sec. 11-60. Attachment of wires to poles.

Any person authorized to erect poles or wires under the provisions of this division shall not suffer the wires of any other person to be placed upon said poles without permission from the city council . No person shall place wires upon the posts or fixtures of any other person without permission of the city council.

Sec. 11-61. Climbing steps on poles.

Whenever the superintendent of highways, electric lines and lights shall direct, the person authorized to erect poles under the provisions of this division shall place steps on that portion thereof more than ten feet from the ground and no person shall climb any such pole by the use of spurs.

Sec. 11-62. Time limits on laying conduit and wires and erecting poles.

Every location and permission granted shall be void, unless within six months from the passage of the order granting the same, the poles shall have been erected, the conduits constructed and the wires placed and put in operation. The location of any pole, conduit or wire shall, if so declared by the city council , become null and void if the operation or use thereof shall be discontinued for a period of six months.

Sec. 11-63. Removing poles, conduits and wires.
  1. (a) No pole shall be removed without permission of the city council , except as provided in this section.
  2. (b) The city council having first given the person to whom such permission is granted, or the person operating any poles, conduits or wires thereunder, opportunity to be heard, may, if in its judgment the interests of the public so require, or if each and all of the conditions, terms and requirements to be observed and performed under said permission are not complied with, order that said poles, conduits and wires, or any of them, shall be removed, and that such person shall thereupon remove the same; and if such person neglects to execute such order within 30 days after the passage thereof, the council may cause the order to be executed, and the expense thereof shall be paid by such person to the city .
Sec. 11-64. Moving poles, conduits and wires.

The position of any pole, conduit, fixture or wire shall be changed by the person owning or using the same at his or her own expense and without delay, whenever ordered by the city council , or the same may be done by the superintendent of highways, electric lines and lights if ordered by said council and the expense shall be paid by such person to the city .

Sec. 11-65. Electric, telephone or cable television wires.

Persons owning or operating electric, telephone, or cable television wires that are unit, building, or general property service feeders shall place said wires in cable form as a single cable feed. The installation of all such cables shall follow a single route unless otherwise permitted by the superintendent of highways, electric lines and lights.

Sec. 11-66. Indemnification.

Any person receiving such permission and any person using any pole, conduit or wire thereunder shall save harmless and indemnify the city against all loss, expense and damages, and against all claims for loss, expense and damages in any way arising out of the erection, maintenance or use of such pole, conduit or wire by such person, or out of the transmission of electricity over such wire or in any other way arising out of the rights granted by such permission.

Sec. 11-67. Conditions for laying conduit and wires and erecting poles.

The permission for the erection or construction and maintenance of poles, conduits or wires shall be granted upon the condition that if the provisions of law and of this division and all other ordinances applicable thereto shall not be fully complied with, then the permission and the locations therein granted shall be null and void. Such permission shall not issue, and the rights therein granted shall not take effect until the person to whom such permission is granted shall first give the city an agreement in writing satisfactory to the city solicitor, that said person accepts and holds said permission and his or her rights thereunder upon the terms and conditions therein stated, and that he or she agrees to all the same terms and conditions and will fully perform and be subject to the same.

Sec. 11-68. Applicability to guy wires, stay wires and other wires.

The provisions of this division shall, so far as applicable, apply to all guy, stay or other wires over any street or other public place, as to the height at which such wires shall be maintained above the ground and otherwise.

Secs. 11-69-11-79. Reserved.
DIVISION 3. HIGHWAYS
Sec. 11-80. Laying out, altering, or discontinuing streets.
  1. (a) All petitions for the laying out, widening, alteration or discontinuance of streets shall be presented to the city council and be referred to the committee on public works.
  2. (b) The committee on public works shall not act on any petition in the manner set forth in subsection (a) of this section until the petitioners shall have filed with said committee an accurate plan and profile showing the present length, width, lines and grade of the streets which they desire to have laid out, widened, altered, or discontinued; the abutting lands, with the fences and buildings thereon, and the length of the frontage of each estate; the lands to be taken, and the names of the owners of said lands; and also showing, in red ink, the proposed lines and grades of said street, and giving sufficient reference to stone bounds or other boundary marks on the premises, to enable the city engineer to locate said street with accuracy. Said plan shall be prepared and such stone bounds or other sufficient boundary marks set by the city engineer at the expense of the petitioners. Said plan shall be accompanied by a release signed by all persons who claim no damages, and by those who will accept specific damages, with the amount thereof, and also a statement giving the names of all persons who decline to release or state their prospective damages.
  3. (c) The committee on public works, before acting upon any petition, may require that the proposed street be brought to subgrade by the petitioners.
  4. (d) The committee on public works upon receiving any such petition, or any order of the city council having in view the laying out, widening, altering or discontinuing of any street, shall report to the council whether, in the judgment of said committee the common convenience and necessity require that such street should be laid out, widened, altered or discontinued; and in case said committee shall report that such street ought to be laid out, widened, altered or discontinued, it shall cause the measurements and boundaries of the street as proposed to be laid out, widened, altered or discontinued, to be distinctly marked out on the premises by the city engineer, and also described in its report, and shall specify the manner in which such laying out, widening, altering or discontinuance shall be completed; and shall also report the names of the owners of all lands included therein, and in any wise sustaining damage by the laying out, widening, altering or discontinuance of such street as proposed, with the amount of damage proper and reasonable to be awarded to each of said owners; but the provisions of this section shall in no way limit the power of the city council to act in the premises independently of the committee on public works.
  5. (e) Failure to observe any of the provisions of this section shall not invalidate the laying out, widening, altering or discontinuance of any street.
Sec. 11-81. Width and elevation of new streets.

No street shall be laid out of a less width than 40 feet, except such streets, not less than 30 feet in width, as were used as streets previous to the year 1872. No street shall be laid out at an elevation less than 16 feet above mean low water, city base.

Sec. 11-82. Reconstructing or resurfacing streets.

Whenever a street, or any part thereof, is to be resurfaced, or a new street reconstructed, the commissioner of public works shall, at least two weeks before such work is begun, notify all corporations and persons having rights under the surface of such street. The notice shall state where such work is to be done, when it is intended to begin such work, and shall request said corporations and persons to consult and arrange with the superintendent of highways if they have any work to be done in such street, in order that such work may be done before the surface of said street is again prepared for and opened to public travel. After such notice has been given, said corporations or persons shall not be permitted to open said street for a period of at least five years after the street has been constructed, or again opened to public travel except in a case of actual necessity certified to and approved by the mayor .

Sec. 11-83. Use of streets for private construction.
  1. (a) The superintendent of highways, electric lines and lights may permit any person engaged in the erection or repair of a building on land abutting on any street to use such portion of said street and for such period of time as he or she shall deem proper. The portion of the street so used shall immediately thereafter be cleared and restored to its former condition by such person, and if he or she fails so to do, the same may be done by the superintendent, and such person shall pay the expense thereof to the city .
  2. (b) Such person shall be required by the superintendent of highways, electric lines and lights, to maintain a safe and convenient way satisfactory to the superintendent, by means of a plank walk or otherwise, for the use of foot travelers around or over any sidewalk that may be obstructed.
Sec. 11-84. Safety requirements for excavations or other obstructions.

Any person who digs up or otherwise obstructs a street shall guard the same by sufficient railings, lights and such other means as the superintendent of highways, electric lines and lights may require, so that it shall remain safe for public travel.

Cross reference(s) –Excavating streets and other public places, § 11-143 .

Sec. 11-85. Security bonds for excavations or other obstructions.

The superintendent of highways, electric lines and lights may require that no person other than an agent of the city shall dig up or obstruct any street before furnishing security satisfactory to him or her to restore said street to its former condition and to indemnify the city against all liability and loss arising out of such digging up or obstruction.

The construction, operations, maintenance and regulatory oversight of the public rights-of-way generate cost to the city, which are not reimbursed directly or through taxation. The superintendent of highways, electric lines and lights shall set an annual maintenance reimbursement fee of equal value for all users of the public right-of-way, regardless of the purpose or usage of the public right-of-way.

Charter reference(s) – Security required for excavations of streets and sidewalks, § 42.

Cross reference(s) – Excavating streets and other public places, § 11-143 .

Sec. 11-86. Railing or fences required for certain excavations.

Any person whose land near a street is below the level thereof, and any person who digs a cellar or other cavity in the ground near any street, shall provide and maintain a railing or fence sufficient to protect travelers on such street, satisfactory to the superintendent.

Sec. 11-87. Entrances to cellars from streets or sidewalks.

No person shall suffer the platform or grate of the entrance or passageway to his or her cellar or basement in any street or sidewalk to rise above the surface of such street or sidewalk, and every such entrance or passageway shall, at all times, be kept covered by a suitable and substantial platform or grate, satisfactory to the superintendent of highways, electric lines and lights, unless authorized to be kept open by the city council ; and if kept open, it shall be protected by a sufficient railing on both sides at least two and one-half feet high, and well lighted at night.

Sec. 11-88. Driveway construction.
  1. (a) Curbcuts : The superintendent of highways, electric lines and lights is authorized to promulgate regulations and accept petitions from owners of property requesting that he or she cause the curb at the front of such property to be dropped to allow for the installation of a driveway. Upon approval of such petition by the superintendent he or she shall cause said curb to be dropped. The superintendent shall not approve a petition that does not conform to the Code of Ordinances, the Somerville Zoning Ordinance as applied through any special permit and/or variance granted by the planning board or zoning board of appeals, and the paving and driveway permit regulations in section 11-88(b) below. The fee for such service shall be set in accordance with Chapter 40, Section 22F of the General Laws .
  2. (b) Paving and driveways : The city engineer is hereby authorized to promulgate regulations and accept petitions from owners of property requesting to construct, alter, reconstruct, restore or expand driveways, whether pervious or impervious, and other impervious surfaces that would not otherwise require a building permit on lots within the City of Somerville. The regulations will include a required review of stormwater runoff, landscaping requirements, pervious surface requirements and other related regulations in one comprehensive process. The city engineer may delegate the inspection and enforcement provisions of this regulation to the superintendent of inspectional services. The fee for such permit shall be set accordance with Chapter 40, Section 22F of the General Laws. Petitions submitted by applicants seeking to replace existing driveways or other impervious surfaces without change to dimensions, pavement material and stormwater runoff shall not be denied.
  3. (c) Paving contractor registration : The construction, alteration, reconstruction, restoration or expansion of any impervious driveway, and any other impervious surface that would not otherwise require a building permit on any lot within the City of Somerville, (including but not limited to asphalt, concrete and compacted gravel) shall be made by a person who registers with the city engineer. Every person registered as a paving contractor shall, before performing any work authorized thereby, execute an agreement or bond with one or more sureties satisfactory to the city engineer, that he or she will restore any public infrastructure damaged by their operations. The value of the bond shall be determined by the city engineer, but shall not be less than $2,500.00. No registered paving contractor shall perform any work such as is specified in section 11-88(b), without first following the regulations referenced therein. If a paving contractor shall fail to perform the requirements of this section or section 11-88(b), then the paving contractor shall not be entitled to receive another permit until said violation has been remedied. Failure to comply with the regulations of this section or section 11-88(b) may result in the revocation of registration for a period of one year subsequent to the most recent violation.
  4. (d) Penalties for violations of these regulations are established per section 1-11 (b) of the Code of Ordinances.
Secs. 11-89-11-100. Reserved.
ARTICLE IV. DIVISION OF BUILDINGS*

Charter reference(s) – Established, § 40C, superintendent to control, § 40D.

Cross reference(s) – Fire prevention and protection, Ch. 5, housing, ch. 7.

State law reference(s) – Municipal regulation of buildings, M.G.L.A. c. 143, § 3.

Sec. 11-101. Superintendent of buildings duties.
  1. (a) Under the direction of the commissioner of public works the superintendent of buildings, in his or her capacity as inspector of buildings shall have charge of the building division. He or she shall grant permits for the construction of new buildings and the additions to and alteration of existing buildings after satisfying himself or herself that the owners or persons intending to erect or alter such buildings have complied with the requirements of the building code . He or she shall require all owners of vacant property to notify the division of their intent for the future use of the property within 60 days after property becomes vacant, as required by section 11-111 . He or she shall grant occupancy permits and permits for change in use of buildings. The inspector of buildings or his or her assistants shall examine all buildings in the course of erection, alteration or repair, as often as practicable. He or she shall keep a record of the business of the division of buildings and shall submit to the mayor and city council a yearly report of such business and such other reports as shall be required.
  2. (b) Copies of all permits issued pursuant to subsection (a) of this section shall be forwarded to the chief engineer of the fire department within 14 days of the day of issuance.
Sec. 11-102. Reports.

The superintendent of buildings shall submit a bimonthly report to the city council listing all building permits issued during the reporting period. Said report shall include a summary of the information provided on the application for permit. The reports submitted under this section shall be forwarded to the city clerk on the second and fourth Wednesday of each month .

Sec. 11-103. Inspection of buildings.

The inspector of buildings or any of his or her assistants, so far as may be necessary in the performance of their respective duties, may enter any building or any premises, upon showing a badge of office. No building shall be lathed until the inspector of buildings has been notified that such building is ready and until he or she has given consent therefor.

Cross reference(s) – Inspection of buildings, § 5-38 ; inspections, § 5-78 .

State law reference(s) – Inspector of buildings, M.G.L.A . c. 143, § 3.

Sec. 11-104. Use of new materials or forms of construction.

The inspector of buildings shall have authority to allow use of new materials or forms of construction not specifically mentioned in the building code, under such conditions as he or she may determine. He or she may issue rules for the application of the provisions of the building code in cases not specifically covered, to carry out the intent of the code.

State law reference(s) – Inspector of buildings, M.G.L.A . c. 143, § 3.

Sec. 11-105. Demolition of buildings.
  1. (a) No permit to demolish any structure which is within 30 feet of another structure shall be issued by the superintendent of the building department unless the applicant meets the following minimum conditions precedent: (1) Provide with the fire department for a fire detail; (2) Deposit with the fire department a sum of legal tender equal to the estimated cost of the fire detail; (3) Compliance with the requirements of the board of health, division of highways, division of electric lines and lights, division of engineering and division of waterworks shall be provided by written acknowledgement of compliance as the superintendent of buildings deems necessary; (4) A dust control plan that the superintendent of buildings determines is appropriate to protect the health and well-being of the surrounding neighborhood.
  2. (b) The fire department must provide written acknowledgement to the superintendent of the building department of compliance with the provisions of subsections (a)(1) and (a)(2) of this section.
  3. (c) Notification of demolition . No permit to demolish any building or structure in its entirety, or more than 25 percent of a building or structure excluding interior only demolition, shall be issued by the superintendent of inspectional services until the following notification has been provided by the applicant for the demolition permit: (1) Written notice to abutting property owners and residents . The applicant must give written notification of his or her demolition application to residents of abutting property; to owners of all property within 300 feet of the lot on which demolition is proposed; or, in the case of a structure with a gross floor area of 500 square feet or less and a height of 15 feet or less, to owners of all property within 100 feet of the lot; and to the ward councilor. The notification must be mailed by certified mail with return receipt at least seven days before the demolition permit is issued and should state the proposed date, time and manner of demolition. An affidavit of compliance or certified mail return receipts must be submitted to the inspectional services department before the demolition permit may be issued. (2) Post the application on the premises . The applicant is responsible for ensuring that notice of proposed demolition is posted continuously in a publicly visible place on the property subject to demolition for at least seven days prior to the issuance of the demolition permit. Such notice shall be on a form prepared by the inspectional services department. (3) Post the application in city hall . The applicant, through the city clerk's office, shall post notice of proposed demolition in city hall for at least seven days prior to the issuance of the demolition permit. (4) Definition of owner and resident . For the purpose of identification in providing notice, owners shall be those persons as they appear on the most recent tax list maintained by the city assessor, and residents shall be those persons as they appear in the most recent city listing as maintained by the city election commission. (5) Revised date of demolition . If actual demolition will occur more than one week later than the initial proposed date of demolition as stated in subsection (c)(1), but less than 45 days from the initial proposed date of demolition, the applicant: shall post a revised notice stating the demolition date and time in a publicly visible place on the property subject to demolition for at least seven days prior to the revised demolition date; shall deliver a new notice to all abutting property owners as detailed in subsection (c)(1) via certified mail with return receipt requests and hand deliver or place a notice setting forth the revised demolition date and time on the abutting properties so as to be clearly seen by the occupants at least seven days prior to the revised date of demolition and; shall notify the ward councilor and the inspectional services department at least seven days prior to the revised date of demolition. An affidavit of compliance shall be submitted to inspectional services attesting to compliance of proper notice to abutting property occupants. An affidavit of compliance or certified mail return receipts shall be submitted to inspectional services regarding proper notice to abutting property owners. In the event that the actual demolition will occur more than 45 days after the initial proposed demolition date as stated in subsection (c)(1), the applicant must file new documentation pursuant to the entirety of section 11-105. (6) Emergency demolition . The above notification requirements may be waived by the superintendent of inspectional services in the event of an emergency demolition of an unsafe structure in conformance with the regulations of the State Building Code 780 CMR, sections 123.0 and 124.0 regarding unsafe structures and emergency measures.

Cross reference(s) – Demolition and fire details, § 5-8 ; demolition and fire details, § 5-36 ; demolition review ordinance, § 7-28 .

Sec. 11-106. Inspection of grandstands, carnivals, staging and other entertainment structures.

The inspector of buildings shall examine into the safety of all grandstands, merry-go-rounds, Ferris wheels, and other structures intended for use by the public in connection with any exhibition, show, game, or other amusement, and no person shall cause or allow such a structure to be used by the public until a permit has been given in writing for such use by the inspector of buildings.

Cross reference(s) – Licenses, permits and miscellaneous business regulations, Ch. 8.

Sec. 11-107. Rental of school buildings.

The superintendent of buildings shall have authority to let the halls in the several school buildings for objects other than educational purposes, but never to the disturbance of the schools, and all rentals received shall be paid over to the city treasurer monthly. In no case shall the free use of any hall be granted by him or her.

Sec. 11-108. Enlarging or moving structures in streets.

No person shall enlarge his or her structures in any street, or place structures in new locations without permission from the city council .

Sec. 11-109. Address and building numbers.

The owner of any building or part of a building shall affix to the same the numbers designated by the city council or by some person duly authorized by said council, and shall not affix or retain thereon for more than three days any number contrary to such designation.

State law reference(s) – Authority to provide for numbering of buildings, M.G.L.A . c. 40, § 21(10).

Sec. 11-110. Moving buildings on streets.

No person shall move a building through a street without written permission of the city council , containing such requirements as said council may prescribe, in regard to the cutting of electric wires, the crossing of railroad tracks, the removal of chimneys or other projections on such building, the protection of shade trees in the streets, the giving of bonds and otherwise. The petition for such permission shall be accompanied by a statement signed by the commissioner of public works, the superintendent of highways, and the superintendent of electric lines and lights, giving the dimensions of the building, the names of the streets and other places through which it is desired to move the same, and their opinion as to the injury which such removal would cause to public or private property. It shall be their duty to sign such statement at the request of the petitioner.

Cross reference(s) – Streets, sidewalks and other public places, Ch. 12.

Sec. 11-111. Registration and maintenance of vacant property.
  1. (a) Purpose . The purpose of this section is to protect the welfare and economic vitality of the residents of the City of Somerville by protecting property values, maintaining neighborhood integrity and accessibility, safeguarding against economic property blight, protecting city resources, and ensuring the safe and sanitary maintenance of vacant properties.
  2. (b) Registration . (1) In the absence of extenuating circumstances, every owner of a vacant property shall register the vacancy with the superintendent of inspectional services in writing, within 90 days of that property’s becoming vacant. If the property has vacant ground floor commercial or industrial space, the vacancy shall also be registered with the director of planning. All registrations must state the owner's name, phone number, and mailing address as well as an emergency local contact, if not the same. None of the required addresses shall be a post office box. This registration shall state the owner’s plan for the property. Once the building is no longer vacant or is sold, the owner must provide proof of sale or written notice and proof of lawful occupancy to the planning department and inspectional services department. The building inspector will notify police, fire, water and sewer, and health departments of the submitted registration of the vacant building as well as the re-occupancy of the building. (2) For the purposes of this section, “property” subject to registration shall mean: a. any vacant ground-floor commercial unit, regardless of whether other units in the same building or structure are occupied or whether such ground-floor commercial unit is a stand-alone building or structure; or b. a building or structure in which every unit is vacant, regardless of the purpose for which such property is used or has been used. (3) “Vacant” shall mean abandoned, empty, uninhabitable, or which is not being used or occupied.
  3. (c) Registration fee, failure to pay . (1) A registration fee shall be due and payable at the time of registration. (2) On or before October 15 of each calendar year, the city shall send a billing statement, setting forth the annual registration fee, to the owner of the vacant property. The annual registration fee shall be set by the city council pursuant to G.L. c. 40, § 22F. (3) On or before November 15 of each calendar year, the owner of any vacant property shall pay to the city an annual registration to cover the administrative cost of monitoring and ensuring the security and proper maintenance of such building, as identified in said billing statement. Failure to pay the annual registration fee shall be a violation of this ordinance, and the full fee shall be deemed an assessment resulting from a violation of this bylaw. Such fee, and any fines issued for violations of this ordinance, shall constitute a "municipal charges lien" on the property, to be collected in accordance with G. L. c. 40, § 58.
  4. (d) Maintenance requirements . (1) The owner of a vacant property must maintain the vacant property in accordance with all applicable local and state sanitary codes, building codes and fire codes pertaining to the external/visible maintenance of the building and major system maintenance of the property. (2) The owner of a vacant property must promptly repair all broken windows, doors, other openings and any unsafe conditions at a vacant property. Boarding up of open or broken windows and doors is prohibited except as a temporary measure, unless the building inspector determines that, due to vandalism or security reasons and due to circumstances out of the owner's control, the proper boarding of windows and doors is necessary for a determined period of time. Boards or coverings must be fitted to the opening size and colored to blend with the existing building color scheme. (3) The owner must maintain the building and property for the duration of the vacancy or abandonment. The owner shall maintain the condition of the building and property so as to appear not to be vacant. Upon notice by the building inspector, any accumulated trash and/or graffiti shall be removed from the property by the owner within seven days. The building inspector and/or his designee will document violations. The owner of any building whose utilities have been shut off, shall have those utilities removed or cut and capped to prevent accidents. (4) The owner of a vacant property must maintain the property free from rats, mice, and other vectors. Upon registration with the city, the owner must provide the superintendent of inspectional services with either a letter or other certification from a Massachusetts state licensed exterminator stating that the inside and outside of the property has been inspected and found to be free from moderate to severe rodent activity, or documentation that rodent activity or infestation has been discovered and appropriate baiting or other abatement measures have occurred or will occur within 30 days of registration. These abatement measures must take place for a period of at least two weeks, or until rodent activity on the property has ceased, whichever time period is longer. Six months after this initial inspection, and every six months thereafter while the property remains vacant, the owner must provide the superintendent of inspectional services with documentation that the property has been re-inspected and either found to be free from rodent activity or that appropriate abatement measures have been taken, as defined above. All windows, doors, exterior walls, foundations, basements, cellars, crawlspaces, and interior spaces on the property shall be maintained in a sound condition, free from cracks, holes, breaks, gaps, loose boards, and all other conditions that allow for rodent entry and harborage on the property. The property shall remain free from all dead or overgrown vegetation, junk, trash, lumber, boxes, and large debris, or any material that may provide food or harborage for rodents. (5) Compliance with this section shall not relieve the owner of any obligations set forth in any other applicable ordinance, regulation, codes, covenant conditions or restrictions and/or association rules and regulations. In case of a conflict with this section, the stricter of the rules and regulations shall apply. (6) Notwithstanding the foregoing, the superintendent of inspectional services shall enforce all other state and federal statutes and regulations pertaining to the maintenance of buildings.
  5. (e) Inspections . The building inspector, police chief, fire chief and the health director, or their designees, shall have the authority to periodically inspect the exterior and interior of any building subject to this section for compliance, as authorized under the terms of the registration form filed with the building inspector and director of planning. The building inspector shall have the discretionary authority to disconnect utilities immediately if a potential hazard that may be dangerous to life and limb is present.
  6. (f) Violations and penalties; enforcement . Violations of the provisions of this section are subject to a penalty in accordance with section 1-11 . Each day that such owner fails to comply with this section shall constitute a separate offense.
  7. (g) Unsafe buildings . If the building inspector determines the building to be unsafe, the inspector may act immediately in accordance with the Massachusetts State Building Code to protect public safety. Furthermore, nothing in this bylaw shall abrogate the powers and/or duties of municipal officials to act pursuant to any general statutory authority including, without limitation, G. L. c. 139, § 1 et seq. and G. L. c. 143, § 6 et seq.
  8. (h) Severability . If any provision of this section is held to be invalid by a court of competent jurisdiction, such provision shall be considered separate and apart from the remaining provisions, which shall remain in full force and effect.
Secs. 11-112-11-120. Reserved.
ARTICLE V. DIVISION OF WATERWORKS*

*Charter reference(s) – Established, § 40C; superintendent to control, § 40D.

Cross reference(s) – Water and sewer income and expenses, § 2-371 ; water run-off and washing cars, § 12-2 .

State law reference(s) – Public water supply, M.G.L.A. c. 40, § 38 et seq.; trespass or other injury to property pertaining to water supply, M.G.L.A . c. 111, § 170.

Sec. 11-121. Interference with water system.

No person shall break or in any manner injure any water main, service pipe, stop-cock valve, hydrant, waterpost, drinking foundation or other fixture or appurtenance connected with the city waterworks, or shall obstruct or in any way interfere with the flow of water through the same. No person shall turn on or off the water in any water main, street service pipe, hydrant, waterpost, drinking foundation or other fixture or appurtenance connected with said waterworks, or make any opening into or connection therewith, without authority from the superintendent of waterworks, except that hydrants may be used by firemen in the discharge of their duties. No person shall in any manner place obstructions in the way of readily operating any valve, hydrant, waterpost, stop-cock or other fixture or appurtenance of the waterworks.

Cross reference(s) – Graffiti and damage to public property, § 9-47 .

Sec. 11-122. Damaging water meters.

No person shall injure any water meter, or disconnect it from the service pipe, or open its bypass valve, or break its seal, or interfere with its registering device, or tamper with it in any way, or obstruct it with any material.

Cross reference(s) – Graffiti and damage to public property, § 9-47 .

Sec. 11-123. Waste or unlawful use of water.

No person shall waste, or use unlawfully the water furnished by the city .

Sec. 11-124. Rules and regulations of superintendent of water.

No person shall violate any rule or regulation of the superintendent of waterworks.

Sec. 11-125. Water rates and base charges.
  1. (a) Established . Water rates and base charges for water use shall be established by the director of water and sewer, subject to the approval of the mayor and city council . Prior to setting the water rates and base charges, the director shall conduct a public hearing on the proposed rates and charges no later than May 31 of any given year with notice of any new rates or charges provided to the city council at least 14 days prior to the public hearing. Any proposed new rates and charges shall be provided to the city council on or before June 15 for its review and approval. Rates set may be adjusted, subsequent to initial approval by the director with the approval of the mayor and city council, without the necessity of a public hearing, to reflect any changes in any charge assessed to the city by any governmental body or agency of the commonwealth . If any such adjustment results in a lower rate than previously set, the new rate shall take effect immediately upon approval by the mayor and city council. If such adjusted rate is higher than otherwise set, the new rate shall take effect no sooner than 30 days after approval by the mayor and city council. Except as otherwise approved by the city council, failure to hold a public hearing on or before May 31, or provide the proposed rates and charges to the city council for its review on or before June 15 as required above shall prohibit the city from increasing rates and charges.
  2. (b) Method of assessment . Rates shall be established based upon a tiered rate per 100 cubic feet of water consumed. Said assessments shall be made pursuant to readings obtained from metering devices approved by the commissioner. Where water consumption data is not available, bills for water use shall be based upon estimated consumption, as determined by the commissioner.
  3. (c) Payment . Bills for water use shall be rendered a minimum of two per year and a maximum of 12 per year and are due and payable within 45 days. Interest shall accrue on bills not paid within 45 days of the date of mailing at the rate established by Section 57 of Chapter 59 of the General Laws .
  4. (d) Appeals . Persons aggrieved of bills rendered pursuant to subsection (c) of this section shall have the following rights of appeal: (1) Notification . Within the time frame allowed for payment of said bill, the aggrieved party shall notify the commissioner that said bill is contested. The notification shall include an explanation as to why the bill is contested, and should provide the commissioner with such information as is necessary to determine the validity of the claim. The commissioner may prescribe such forms as are necessary to expedite this process. (2) Resolution . Upon receipt of an appeal, the commissioner shall act upon same as quickly as possible and shall inform the claimant in writing of the results of the investigations. The determination of the commissioner shall also be transmitted to the treasurer who shall take the following action: a. For first claims and claims found to be valid, the date of billing shall be revised to the date of the commissioner's determinations. Revised charges shall then be due and payable as is specified in subsection (c) of this section. b. For second and subsequent claims found to be invalid, the date of billing shall be as originally issued, and charges and interest shall be computed as specified in subsection (c) of this section.
  5. (e) Increases restricted . The superintendent of the water division shall prepare and submit to the city council on or before April 1, 1984, a plan for the installation of water meters in each residence, business, industrial or other location where no meter currently exists. Said plan shall provide for the complete metering of water services in the city by December 31, 1986. The superintendent of the water division shall submit to the city council on or before December 8 in each year of the installation period a statement, signed under the penalties of perjury, that not less than one-third of the total number of unmetered services existing on December 8, 1984 have been installed during such year. If the total number of water meters out of service in any year next succeeding the end of the installation period on December 31, 1986 exceeds 500 meters, then no water rate increase shall be authorized or approved under subsection (a) or (b) of this section without additional approval of the city council.
  6. (f) Residents who own and occupy their homes and qualify for the exemptions contained in G.L. c. 59, § 5, clause 41C, or G.L. c. 59, § 5, clause 17D, are eligible for a 25 percent discount on water/sewer bills issued after July 1, 2016.

State law reference(s) – Collection of water rates, M.G.L.A . c. 40, § 43A et seq.

Sec. 11-126. Natural gas leaks.

In the interest of improving the management of city infrastructure, each gas company that owns or operates natural gas transportation or storage infrastructure within the city shall, within 120 days of passage of this ordinance and at least annually thereafter, provide the following to city department of public works:

  1. (a) Any plan to address aging or leaking natural gas infrastructure that the gas company provided to the department of public utilities within the prior year under section 145(b) of chapter 164 of the General Laws of the Commonwealth ;
  2. (b) Any report identifying Grade 1, Grade 2, and Grade 3 leaks located within the city that the gas company provided to the department of public utilities within the prior year as required by section 11 of chapter 164 of the General Laws of the Commonwealth;
  3. (c) Notice of the scheduled start of any planned natural gas repair or replacement activities within the city;
  4. (d) Any information or documents that the gas company provided to the department of public utilities within the prior year regarding Grade 3 natural gas leaks identified as having a significant environmental impact and located within the city; and
  5. (e) Any information or documents that the gas company provided to the department of public utilities within the prior year related to the volume of, or the greenhouse gas emissions associated with, any individual gas leak or grouping of gas leaks located within the city.
Secs. 11-127-11-139. Reserved.
ARTICLE VI. DIVISION OF ENGINEERING*
Sec. 11-140. Definitions.

Abutter means the owner(s) of land abutting the activity.

Applicant means any person, individual, partnership, association, firm company, corporation, trust, authority, agency, department, or political subdivision of the Commonwealth of Massachusetts or the federal government to the extent permitted by law requesting a stormwater management permit for proposed land disturbances.

Appurtenances means items which are tributary to the city's wastewater or storm drainage systems, including, but not limited to, grease traps, oil traps, and particle separators.

Best management practice means an activity, procedure, restraint, or structural improvement that helps to reduce the quantity or improve the quality of stormwater runoff.

CFR means Code of Federal Regulations.

City means the City of Somerville including all authorized agents thereof.

Clean Water Act means the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.) as hereafter amended.

Clearing means any activity that removes the vegetative surface cover.

CMR means Code of Massachusetts Regulations.

Combined sewer means a sewer pipe or conduit designed to receive both sewage and stormwater.

Common sewer (or main drain) means any sanitary sewer, combined sewer, or storm drain laid in any land, or street, or way, public or private, opened or proposed to be opened for public travel and accommodation, for the purpose of draining more than one lot or building.

Development means the modification of land to accommodate a new use or expansion of use, usually involving construction.

Discharge of pollutants means the addition from any source of any pollutant or combination of pollutants into the municipal storm drainage system or into the waters of the United States or Commonwealth of Massachusetts from any source.

Discharges means any liquid, vapor, or solid material(s) introduced into the municipal sanitary sewerage system, whether intentionally or unintentionally, including, but not limited to, leaks, spills, leaching, and pouring.

Effluent means a discharge of pollutants into the environment or to a sewer system, whether or not treated.

Erosion means the wearing away of the land surface by natural or artificial forces such as wind, water, ice, gravity, or vehicle traffic and the subsequent detachment and transportation of soil particles.

Floatables means any oil, fat, or grease (originating from any animal, vegetable, petroleum product, or any other hydrocarbon) in a physical state that will allow for separation from wastewater by gravity.

Garbage means solid wastes from the domestic and commercial preparation, cooking, and dispensing of food and from the handling, storage, and sale of produce.

Grading means changing the level or shape of the ground surface.

Groundwater means water beneath the surface of the ground.

Illicit connection means a surface or subsurface drain or conveyance which allows an illicit discharge into the municipal storm drainage system, including, without limitation, sewage, process wastewater, or wash water and any connections from indoor drains, sinks, or toilets, regardless of whether said connection was previously allowed, permitted, or approved before the effective date of this article.

Illicit discharge means direct or indirect discharge to the municipal storm drainage system that is not composed entirely of stormwater, except as exempted in this article.

Impervious surface means any material or structure on or above the ground that prevents water infiltrating the underlying soil, including without limitation, roads, paved parking lots, sidewalks and rooftops.

Industrial wastes means the liquid wastes from industrial manufacturing processes, trade, or business as distinct from sanitary sewage.

Infiltration means water other than wastewater that enters a sewer system (including sewer service connections and foundation drains) from the ground through means which include, but are not limited to, defective pipes, pipe joints, connections, or manholes. Infiltration does not include, and is distinguished from inflow.

Infiltration/inflow means the quantity of water from both infiltration and inflow without distinguishing the source.

Inflow means water other than sanitary flow that enters a sewer system (including sewer service connections) from sources which include, but are not limited to, roof leaders, cellar drains, yard drains, area drains, drains from springs and swampy areas, manhole covers, cross connections between storm sewers and sanitary sewers, catch basins, cooling towers, storm waters, surface runoff, street wash waters, or drainage. Inflow does not include, and is distinguished from infiltration.

Land disturbance means any action that causes a change in the position, location, or arrangement of soil, sand, rock, gravel, or similar earth material.

Municipal separate storm sewer system (MS4) or Municipal storm system means the system of conveyances designed or used for collecting or conveying stormwater, including any road with a drainage system, street, gutter, curb, inlet, piped storm drain, pumping facility, retention or detention basin, natural or man-made or altered drainage channel, reservoir, and other drainage structure that together comprise the storm drainage system owned or operated by the city and discharging via an outfall to a surrounding waterway.

MWRA means the Massachusetts Water Resource Authority.

National pollutant discharge elimination system (NPDES) stormwater discharge permit means a permit issued by the United States Environmental Protection Agency or jointly with the Commonwealth of Massachusetts that authorizes the discharge of pollutants to waters of the United States.

Nonstormwater discharge means discharge to the municipal storm drainage system not composed entirely of stormwater.

Owner means a person with a legal or equitable interest in property.

Person means an individual, partnership, association, firm, company, trust, corporation, agency, authority, department or political subdivision of the Commonwealth of Massachusetts or the federal government, to the extent permitted by law, and any officer, employee, or agent of such person.

Point source means any discernible, confined, and discrete conveyance, including but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, or container from which pollutants are or may be discharged.

Pollutant means any element or property of sewage, agricultural, industrial or commercial waste, runoff, leachate, heated effluent, or other matter, whether originating at a point or nonpoint source, that is or may be introduced into any sewage treatment works or waters of the Commonwealth of Massachusetts and/or the United States. Pollutants shall include, without limitation:

  1. (a) Paints, varnishes, and solvents;
  2. (b) Oil and other automotive fluids
  3. (c) Nonhazardous liquid and solid wastes and yard wastes;
  4. (d) Refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, accumulations and floatables
  5. (e) Pesticides, herbicides, and fertilizers;
  6. (f) Hazardous materials and wastes; sewage, fecal coliform and pathogens;
  7. (g) Dissolved and particulate metals;
  8. (h) Animal wastes;
  9. (i) Rock, sand, salt, soils;
  10. (j) Construction wastes and residues; and
  11. (k) Noxious or offensive matter of any kind.

Pre-construction means all activity in preparation for construction.

Private combined sewer means a combined sewer which is not owned by the city or the MWRA. Private combined sewers include, but are not limited to, building drains means combined (as defined by 248 CMR 10.03), building combined sewer laterals and manholes located on private property and not located within an easement held by the city or other public agencies, and the connection from a private combined sewer to the public wastewater system.

Private sanitary sewer means a sanitary sewer that is not owned by the city or the MWRA. Private sanitary sewers include, but are not limited to, building drains means sanitary (as defined by 248 CMR 10.03), building sanitary sewer laterals and manholes located on private property and not located within an easement held by the city or other public agencies, and the connection from a private sanitary sewer to the public wastewater system.

Private sewer or drain means any private combined sewer, private sanitary sewer, or private storm drain.

Private storm drain means a storm drain that is not owned by the city. Private storm drains include, but are not limited to, building drains means storm (as defined by 248 CMR 10.03), building storm drain laterals, catch basins and manholes located on private property and not located within an easement held by the city and other public agencies, and the connection from a private storm drain to the public storm drainage system.

Process wastewater means water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any material, intermediate product, finished product, or waste product.

Public combined sewer means a combined sewer that is owned by the city or the MWRA or any of their successors.

Public sanitary sewer means a sanitary sewer which is owned by the city or the MWRA or any of their successors.

Public storm drain means a storm drain that is owned by the city.

Recharge means the process by which groundwater is replenished by precipitation through the percolation of runoff and surface water through the soil.

Redevelopment means development, rehabilitation, expansion, demolition, or phased projects that disturb the ground surface or increase the impervious area on previously developed sites.

Replacement means expenditures for obtaining and installing equipment, accessories, or appurtenances which are necessary during the useful life of the treatment works to maintain the capacity and performance which such works were designed and constructed. The term "operation and maintenance" includes replacement.

Runoff means rainfall, snowmelt, or irrigation water flowing over the ground surface.

Sanitary sewage means liquid and water-carried human and domestic wastes from buildings, exclusive of ground-, storm- and surface water, industrial wastes, uncontaminated cooling water, and uncontaminated industrial process water.

Sanitary sewer means a sewer which carries sewage and to which stormwaters, surface waters, and groundwaters are not intentionally admitted.

Sediment means mineral or organic soil material that is transported by wind or water, from its origin to another location; the product of erosion processes.

Sedimentation means the process or act of deposition of sediment.

Sewage means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such groundwaters, surface waters, and stormwaters as may be present.

Site means any lot or parcel of land or area of property where land disturbances are, were, or will be performed.

Soil means any earth, sand, rock, gravel, or similar material.

Storm drain means a pipe or conduit that carries surface water, stormwater and groundwater or runoff and is exclusive of sanitary sewage.

Stormwater means water resulting from rainfall or other precipitation that runs off surfaces during or after a storm.

Stormwater management plan means a plan required as part of the application for a stormwater management permit.

Stream means a body of running water, including brooks, creeks, and other water courses, which moves in a definite channel in the ground due to a hydraulic gradient. A portion of a stream may be naturally obscured or flow through a culvert or beneath a bridge. A stream's flow may be intermittent (i.e., does not flow throughout the year) or perennial.

Toxic or hazardous material or waste means any material which, because of its quantity, concentration, chemical, corrosive, flammable, reactive, toxic, infectious or radioactive characteristics, either separately or in combination with any substance or substances, constitutes a present or potential threat to human health, safety, or welfare or to the environment. Toxic or hazardous materials include any synthetic organic chemical, petroleum product, heavy metal, radioactive or infectious waste, acid and alkali, and any substance defined as "toxic" or "hazardous" under MGL c. 21C and c. 21E and the regulations at 310 CMR 30.00 and 310 CMR 40.00 et seq.

User means any person or entity, whether or not physically located within the city, who discharges or causes or permits the discharge of wastewater into the city's sanitary sewers, storm drains, or interceptors owned by MWRA located within the city. Such person or entity is not limited to the owner of the property from which the offending discharge is made.

User charge means a charge levied on users of the treatment works for the cost of operation of said works in accordance with Section 204(b) of the Clean Water Act.

Watercourse means a channel in which a flow of water occurs either continuously or intermittently.

Waters of the Commonwealth of Massachusetts means all waters within the jurisdiction of the Commonwealth of Massachusetts, including, without limitation, rivers, streams, lakes, ponds, springs, impoundments, estuaries, wetlands, coastal waters, and groundwater.

Wastewater means sanitary sewage, together with any groundwater, stormwater and surface water that may be present.

Wastewater system means the devices, equipment or works used in transportation, pumping, storage, treatment, recycling or reclamation of wastewater or in the disposal of the effluent.

Wetlands means coastal and freshwater wetlands, including wet meadows, marshes, swamps, and bogs, as defined and determined pursuant to MGL c. 131, § 40 and 310 CMR 10.00 et seq.

Sec. 11-141. City engineer duties.
  1. (a) Generally . The city engineer shall make such surveys, plans, estimates and descriptions, and he or she shall perform all other such services, and impart such information concerning any department of the city's affairs, properly relating to the office of the city engineer, as may be required of him or her by the mayor , the city council or any committee thereof, or any board of officers of the city. He or she shall be consulted in relation to public improvements of every kind when the advice of a civil engineer would be of service.
  2. (b) Descriptions of certain lands . The city engineer shall furnish to the city treasurer and collector of taxes, whenever requested, an accurate description in writing of the locations and boundaries of all lands which may become liable to sale for nonpayment of sewer, sidewalk or other betterment assessments.
  3. (c) Custodian of all plans . The city engineer shall have the charge of all plans of every kind, not especially belonging to other departments, and shall keep the same properly classified and indexed and he or she may make such rules concerning the taking of plans from his or her office as he or she may deem necessary to ensure their safety.
  4. (d) Information on streets . The city engineer shall give to all applicants , so far as the files and records of his or her office will permit, any information they may desire as to the lines and grades of streets on which their estates are situated, or upon which they intend to build and all information of this character furnished to owners of estates, or persons representing them or to those intending to build, shall be without charge.
  5. (e) Annual report . The city engineer shall annually, in the month of January, present to the city council a report in relation to his or her division, showing the number of persons employed, the detailed expenses of the department, the general nature of the work, the property under his or her charge, the condition of all structures under his or her supervision that are in process of construction or that have been completed during the previous year, and such other general information in relation to the same as he or she may deem expedient.

Cross reference(s) – Sewer specifications, § 11-157 ; plans of sewers and drains, § 11-159 .

Sec. 11-142. Pipes, sewer, conduit, poles or other structures on, above, or under streets.
  1. (a) No gas pipe, sewer, conduit, street railway tract, pole, or any other structure, except wires, whether belonging to the city or to any individual or corporation, shall be placed upon, beneath or above any street, unless a plan showing the proposed location thereof shall have first been deposited with the city engineer, and such location approved by him or her or authorized by the city council . Upon the completion of work approved or authorized as aforesaid a final plan shall be filed with the city engineer, showing the accurate location and manner of construction.
  2. (b) Any person violating the foregoing provision shall be subject to a penalty in accordance with section 1-11 and shall remove such structure if required so to do by the city engineer, or the city engineer may cause the same to be removed.

Cross reference(s) – Blocking sidewalks, § 12-5 ; temporary obstructions on streets and sidewalks, § 12-12 ; signs, awnings, outdoor seating and other items on or over streets and sidewalks, § 12-14 ; signs over streets and sidewalks, § 12-15 ; awnings over streets and sidewalks, § 12-16 ; posts and supports on streets and sidewalks, § 12-17 .

Sec. 11-143. Excavating streets and other public places.
  1. (a) Street opening permit . No person , except one authorized to do so as an employee of the city , shall dig up any street or other public place unless said person first obtains a written permit therefore from the commissioner of public works or the city engineer, and unless such permit is at all times in the possession of some person actually engaged in or supervising such digging, which permit shall be exhibited to any police officer of the city whenever said officer shall demand to see the same. Such permits for the purpose of laying or repairing drains shall be issued by the city engineer, and for all other purposes by the commissioner of public works, who shall grant such permits subject to the conditions set forth below and on such further terms as they may deem expedient.
  2. (b) Notification requirement . No permit to allow the excavation of a public way shall be issued by the commissioner of public works or the city engineer until the following notification requirements have been provided by the applicant for said street opening permit. (1) Written notice to abutting property owners and residents . The applicant must give written notification of its "street opening permit" application to abutters within 300 feet of the location in which the opening is proposed. The notification must be mailed by certified mail with return receipt at least seven days before the street opening permit is issued and must contain a description of the work to be performed, start date, contact personnel with telephone number and expected length of project. (2) Posting the application . a. The applicant is responsible for ensuring that notice of proposed street opening is posted continuously in a publicly visible place at the location for at least seven days prior to the issuance of the street opening permit. Such notice shall be on a form prepared by public works department. b. The applicant, through the city clerk's office, shall post notice of the proposed street opening in city hall for at least seven days prior to the issuance of the street opening permit. (3) Affidavit of compliance . An affidavit of compliance with the notice and posting requirements of this section including copies of certified mail return receipts must be submitted to the commissioner of public works or the city engineer before the street opening permit may be issued.
  3. (c) Emergency street opening . The above notification requirements may be waived by the commissioner of public works or the city engineer in the event of an emergency street opening. An "emergency" shall exist only when the public health and safety is threatened as determined by the commissioner of public works or city engineer. A written notice of emergency shall be made to commissioner of public works or city engineer.

Charter reference(s) – Security required for excavations of streets and sidewalks, § 42.

Cross reference(s) – Licenses, permits and miscellaneous business regulations, Ch. 8; safety requirements for excavations or other obstructions, § 11-84 ; security bond for excavations or other obstructions, § 11-85 .

Sec. 11-144. Openings in streets.
  1. (a) No person shall make or maintain, or allow to be made or maintained, any vault, coal-hole or other opening in or under a street without permission from the city council .
  2. (b) The opening of a coal-hole shall be circular and not more than 18 inches in diameter and furnished with a cover of iron having a rough upper surface. Such cover shall be kept securely fastened at all times when the coal-hole is not used, and shall be supplied with iron rods at least two feet in length fitting closely to the side of the opening and projecting downwards, so that the cover can be lifted perpendicularly, but cannot be tipped or easily removed from the opening, or shall be provided with such other safety device as the commissioner of public works shall require.
  3. (c) The location, size, shape, and manner of construction of such vault, coal-hole, or other opening, and the material to be used therefor, shall be stated in such permission, or if not so stated, shall be subject to the approval in writing of the commissioner of public works.
Sec. 11-145. Stormwater runoff.

On any lot in the City of Somerville, no impervious surface shall be constructed, expanded or altered such that it generates an increase in stormwater runoff onto adjacent lots or any public or private right-of-way.

Sec. 11-146. Managing adverse impacts of stormwater runoff.
  1. (a) Purpose; objectives; statutory authority; conflicts with NPDES permit . (1) The purpose of this section is to implement the requirements of the National Pollutant Discharge Elimination System (NPDES) General Permit for stormwater discharges from small municipal separate storm sewer systems issued by the U.S. Environmental Protection Agency; protect the public health, safety and welfare of Somerville residents; protect the natural resources, water bodies, groundwater resources, environment and municipal facilities of the city ; satisfy the appropriate water quality requirements of the Federal Clean Water Act ; eliminate or reduce the adverse effects of soil erosion and sedimentation as a result of land-disturbing activities; manage stormwater runoff to minimize adverse impacts to the city, its residents and the environment; and establish the legal authority to ensure compliance with the provisions of this section through inspection, monitoring and enforcement. (2) The site construction permit establishes stormwater management standards for the final conditions that result from development and redevelopment projects to minimize adverse impacts off site and downstream which would be borne by abutters , residents, and the general public. In addition, the site construction permit establishes stormwater management standards for land disturbances that have harmful impacts of soil erosion and sedimentation. (3) The objectives of this ordinance are to: a. require practices to control the flow of stormwater from new and redeveloped sites in order to prevent flooding, erosion, and adverse impacts to water quality. b. protect groundwater and surface water from degradation. c. promote groundwater recharge and infiltration . d. prevent pollutants from entering the city's municipal separate storm sewer system (MS4) and to minimize discharge of pollutants from the MS4. e. ensure adequate long-term operation and maintenance of stormwater best management practices so that they work as designed. f. require practices that eliminate soil erosion and sedimentation and control the volume and rate of stormwater runoff resulting from land disturbances. g. ensure that soil erosion and sediment control measures and stormwater runoff control practices are incorporated into the site planning and design process and are implemented and maintained. h. require practices to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts to water quality. i. comply with state and federal statutes and regulations relating to stormwater discharges. j. establish the city's legal authority to ensure compliance with the provisions of this ordinance, through inspection, monitoring, and enforcement. (4) This section is adopted under authority granted by the Home Rule Amendments of the Massachusetts Constitution, the Massachusetts Home Rule statutes, and the regulations of the Federal Clean Water Act found at 40 CFR 122.34. The provisions of this section shall apply to all property owners in the city and to users where applicable. (5) To the extent this section conflicts with the requirements of the NPDES general permit, the terms and conditions of the permit shall apply.
  2. (b) Applicability . (1) No person may undertake a construction activity, including clearing , grading , paving, and excavation, that results in a land disturbance that could potentially increase runoff or introduce pollutants to the city’s storm drainage system without a site construction permit from the city engineer. Construction activity does not include routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or the original purpose of the site. (2) Exemptions . a. The construction of fencing that will not substantially alter existing terrain or drainage patterns; b. Construction of utilities other than drainage (gas, electric, telephone, etc.) which will not alter terrain or drainage patterns; c. Projects permitted and approved by the City of Somerville prior to the effective date of this section; and d. Emergency work to protect life, limb, or property.
  3. (c) Administration . (1) The city engineer shall administer, implement, and enforce this ordinance. Any powers granted to or duties imposed upon the city engineer may be delegated in writing by the city engineer to its employees and agents. (2) Rules and regulations. The rules and regulations governing the issuance of a site construction permit shall be determined and published by the city engineer, and may be revised from time to time. The city engineer shall provide the city council with the rules and regulations on or before January 1 of each year, and whenever the rules and regulations are revised. The rules and regulations may include a de minimis exemption for minor work performed, at the discretion of the city engineer in consultation with the city council.
  4. (d) Permits, fees, and procedures . Permits, fees, and procedures shall be defined and included as part of the rules and regulations promulgated as required in this ordinance.
  5. (e) Waivers . The city engineer may waive strict compliance with any requirement of this section or the rules and regulations promulgated hereunder, where such action is allowed by federal, state and local statutes and/or regulations; is in the public interest; is not inconsistent with the purpose and intent of this section, and the waiver would be for a small-scale project with de minimis impacts. Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the section does not further the purposes or objectives of the section.
  6. (f) Performance guarantee . The city engineer shall require from the applicant a surety or cash bond, or other means of security acceptable to the city treasurer, prior to the issuance of any building permit for the construction of a development requiring a stormwater management facility. The amount of the security shall not be less than the total estimated construction cost of the stormwater management facility. The bond so required in this section shall include provisions relative to forfeiture for failure to complete work specified in the approved stormwater management plan , compliance with all of the provisions of this section and other applicable laws and regulations, and any time limitations. The bond shall not be fully released without a final inspection of the completed work by the city engineer, submission of "as-built" plans, and certification of completion by the city engineer of the stormwater management facilities being in compliance with the approved plan and the provisions of this section.
  7. (g) Enforcement . (1) The city engineer shall enforce this section and any regulation, decision, permit or order issued under this section and may pursue all civil and criminal remedies for violations of their provisions. (2) If, in the estimation of the city engineer, corrective work is required to protect the environment, and the property owner fails to perform said corrective work within a reasonable period of time as set by the city engineer, he or she may order the same to be performed by a party to be determined by it, and the property owner shall be required to reimburse the city for all costs incurred. These costs will be in addition to the fines described below. (3) Penalties. In addition to the other means of enforcement otherwise available for violations of this section, including, but not limited to, where applicable, the provisions of section 1-11 of the Code of Ordinances, violations may be penalized, as provided by MGL c. 40, § 21D, pursuant to the noncriminal disposition provisions of section 1-11 (b) of the Code of Ordinances. Each day a violation continues shall constitute a separate offense. If the property owner violates more than one provision of this section or any condition of an approval issued hereunder, each provision or condition so violated shall constitute a separate offense. Fines issued and costs assessed shall constitute a municipal lien upon the property and shall accrue interest as provided by applicable law. To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the city engineer, its agents, officers, and employees may enter upon privately owned property for the purpose of performing its duties and may make or cause to be made such examinations, surveys or sampling as the city engineer deems reasonably necessary to enforce the provisions of this section. In the alternative, whoever violates any provision of this ordinance may be penalized by indictment or on complaint brought in the district court. The penalty shall be $300.00 for each offense. Each day on which any violation exists shall be deemed a separate offense.
Secs. 11-147-11-154. Reserved.
ARTICLE VII. SEWERS*

Cross reference(s) – Health, Ch. 6; opening and repairing drains and sewers, sidewalk repair, § 8-41 et seq.

State law reference(s) – Municipal authority to regulate sewers, M.G.L.A . c. 40, § 21(5)(6); sewers, drains and sidewalks, M.G.L.A. c. 83.

DIVISION 1. GENERALLY
Sec. 11-155. Definitions.

For the purposes of this article, the definitions provided for in section 11-140 of the Code of Ordinances are incorporated herein by reference.

Sec. 11-156. Common sewers.

No common sewer shall be laid or shall be connected with any existing common sewer except by the city .

Cross reference(s) – City engineer duties, § 11-141 .

Sec. 11-157. Sewer specifications.

Main drains or common sewers, which shall be ordered by the city council to be made, shall be laid in such places and manner and shall be made of such materials and dimensions as the city engineer shall determine, unless the city council shall otherwise specially direct.

Cross reference(s) –City engineer duties, § 11-141 .

Sec. 11-158. Private sewer or drain specifications.

Every private sewer or drain which enters into any common sewer shall be built of such size and materials, in such place and direction, at such grade, and in such manner as shall be satisfactory to the city engineer, and with a due observance of all regulations of the board of health, so far as applicable thereto.

Sec. 11-159. Plans of sewers and drains.

The city engineer shall make accurate plans of all main drains and common sewers, showing their location, depth, and the materials of which they are made, and their size, shape, thickness, and manner of construction; also all existing connections with said sewers and all future connections as they are made.

Cross reference(s) – City engineer duties, § 11-141 .

State law reference(s) – Provision authorized, M.G.L.A . c. 40, § 21(5).

Sec. 11-160. Catch basin locations.

The location of all catch basins shall be under the direction of the city engineer.

Sec. 11-161. Report of main drain and common sewer costs.

The city engineer shall keep an accurate account of the cost of each main drain or common sewer constructed, and make report thereof to the city council .

Sec. 11-162. Sewer assessments.

The city council shall make assessments for all main drains or common sewers heretofore constructed or reconstructed by the city , the expenses of which have not already been assessed and collected, in the same manner as for those which may hereafter be constructed; and the city engineer shall render all the services and perform all the duties in regard to the main drains or common sewers heretofore constructed the expenses of which have not already been assessed and collected, which he or she is required to render and perform in regard to those hereafter to be constructed. The city council shall deliver a list of such assessments, when made, to the collector of taxes, for collection.

State law reference(s) – Sewer assessments, M.G.L.A. c. 83, §§ 14-24.

Sec. 11-163. Exemptions for sewer assessments.

No estate, to the owner of which permission has been or may be given to construct private sewers or drains for such estate, shall by reason of the construction of such private sewers or drains be exempt from any assessment lawfully imposed for constructing common sewers in its vicinity.

Sec. 11-164. Sewer user charges.
  1. (a) User charges . (1) Established . Charges for sewer service shall be established by the director of the water and sewer department, subject to the approval of the mayor and city council . Prior to setting the new sewer service charge, the water and sewer director shall conduct a public hearing on the proposed charge no later than May 31 of any given year with notice of any new charges provided to the city council at least 14 days prior to the public hearing. Any proposed new charges shall be provided to the city council on or before June 15 of any given year for its review and approval. Charges may be adjusted, subsequent to initial approval by the director , with the approval of the mayor and city council, without the necessity of a public hearing, to reflect any changes in any charge assessed to the city by any governmental body or agency of the commonwealth. If any such adjustment results in a lower charge than previously set, the new charge shall take effect immediately upon approval by the mayor and city council. If such adjusted charge is higher than otherwise set, the new charge shall take effect no sooner than 30 days after approval by the mayor and city council. Except as otherwise approved by the city council, failure to hold a public hearing on or before May 31 , or provide the proposed charges to the city council for its review on or before June 15 as required above shall prohibit the city from increasing charges. (2) Method of assessment . Rates shall be established based upon a tiered rate per 100 cubic feet of water consumed. At a user's option and expense, assessments may be made on continuously metered sewage flow, or upon water sales to activities resulting in a discharge to the sewer. Said assessments shall be made pursuant to readings obtained from metering devices approved by the director. For users whose bill is based upon metered sewage, the rate shall be 1.11 times the rate established for those whose bill is based upon metered water. Where water consumption data is not available, bills for sewer services shall be based upon estimated consumption, as determined by the director. (3) Payment . Bills for sewer service shall be rendered a minimum of two per year and a maximum of 12 per year and are due and payable within 45 days. Interest shall accrue on bills not paid within 45 days from the date of mailing at the rate established by Section 57 of Chapter 59 of the General Laws .
  2. (b) Appeals . Persons aggrieved of bills rendered pursuant to subsection (b) of this section shall have the following rights of appeal: (1) Notification . Within the time frame allowed for payment of said bills, the aggrieved party shall notify the commissioner that said bill is contested. The notification shall include an explanation as to why the bill is contested, and should provide the commissioner with such information as is necessary to determine the validity of the claim. The commissioner may prescribe such forms as are necessary to expedite this process. (2) Resolution . Upon receipt of an appeal, the commissioner shall act upon same as quickly as possible and shall inform the claimant in writing of the result of the investigations. The determination of the commissioner shall also be transmitted to the treasurer who shall take the following action: a. For first claims and claims found to be valid, the date of billing shall be revised to the date of the commissioner's determinations. Revised charges shall then be due and payable as is specified in subsection (b)(3) of this section. b. For second and subsequent claims found to be invalid, the date of billing shall be as originally issued, and charges and interest shall be computed as specified in subsection (b)(3) of this section.
  3. (c) Tax liens of overdue charges . Charges for sewer use which are overdue and uncontested shall become a tax lien as is provided in Sections 16A through 16F of Chapter 83 of the General Laws.
  4. (d) Increases restricted . The superintendent of the water division shall prepare and submit to the city council on or before April 1, 1984, a plan for the installation of water meters in each residence, business, industrial or other location where no meter currently exists. Said plan shall provide for the complete metering of water services in the city by December 31, 1986. The superintendent of the water division shall submit to the city council on or before December 8 in each year of the installation period, a statement, signed under the penalties of perjury, that not less than one-third of the total number of unmetered services existing on December 8, 1984, have been installed during such year. If the total number of water meters out of service in any year next succeeding the end of the installation period on December 31, 1986, exceeds 500 meters, then no sewer rate increase shall be authorized or approved under subsection (b)(1) or (b)(2) of this section, without additional approval of the city council.

State law reference(s) – Apportionment of betterments, M.G.L.A . c. 80, § 13; charges for use of sewers, M.G.L.A. c. 83, § 16.

Sec. 11-165. Stormwater.
  1. (a) All stormwater , except as hereinafter otherwise provided, shall be excluded directly or indirectly from any combined sewers , sanitary sewers , and/or storm drains that discharge to combined sewers. Stormwater may only discharge to the Municipal Separate Storm Sewer System . The locations of the Municipal Separate Storm Sewer System in the city will be determined and published by the city engineer.
  2. (b) The city engineer may, with the approval of the mayor , whenever in the judgment of the city engineer the exigencies of the case so require, give notice to the owner or agent of any premises situated in any part of the city so to change the drainage system thereof, within a reasonable time, specified in such notice, that no roof water, surface water or other drainage matter, except sewage , shall flow from said premises, directly or indirectly, into any public sewer which is used for conducting house drainage into the metropolitan sewerage systems; and such owner or agent shall, within the time specified in such notice, make such changes in said drainage system as may be necessary to comply with such notice. No person shall cause or allow such roof water, surface water, or other drainage matter to enter, directly or indirectly, any public sewer, in violation of the foregoing provisions of this section.
  3. (c) Any private sewer or drain , maintained in violation of any of the provisions of this section, whether in an existing building or one hereafter erected, shall forthwith be changed so as to conform thereto, and may, by order of the city council , or by order of the city engineer when in his or her judgment immediate action is required, be cut off and disconnected or otherwise disposed of until such provisions are complied with in a manner satisfactory to him or her.
  4. (d) The city engineer, except as hereinafter otherwise provided, shall not grant a permit to enter any private sewer or drain into any such main drain or common sewer, or into any other private sewer or drain which connects, immediately or ultimately, with any such main drain or common sewer, unless it shall appear to his or her satisfaction that such private sewer or drain, for which such permit to enter is required, and will not conduct any roof water, surface water, or other drainage matter, in violation of the provisions of this section. Before any such permit is granted, he or she may require to be cut off or disconnected or may himself or herself cut off or disconnect from the private sewer or drain for which such permit to enter is required, any private sewer or drain which does not conform to the provisions of this section.
  5. (e) The city engineer may in special cases for good cause shown, and subject to the approval of the mayor, grant written permission to enter any private sewer or drain contrary to the provisions of this section for such length of time and upon such condition as he or she may deem advisable.
Sec. 11-166. Main drain or common sewer work.

No person shall cut into, interfere with or obstruct a main drain or common sewer, or shall enter, or attempt to enter, a private or other drain or sewer therein, or into any private drain connecting with any main drain or common sewer, except in accordance with a permit in writing from the city engineer.

Cross reference(s) – Opening and repairing drains and sewers, sidewalk repair, § 8-41 et seq.

Sec. 11-167. Interference with sewers.
  1. (a) No water pipe, gas pipe or other structure shall be so laid in a street as to obstruct or interfere with a common sewer or the maintenance thereof.
  2. (b) If any water pipe, gas pipe or other structure interferes with or obstructs any existing common sewer or the maintenance thereof, or the construction or maintenance of any common sewer which the city council may hereafter order to make, the department of the city , corporation or person maintaining the same shall, upon notice from the city engineer, at once remove or change such pipe or other structure in such manner as he or she may direct, and upon failure so to do he or she may make such removal or change, and the cost thereof shall be paid by such department, corporation or person to the city.
Sec. 11-168. Drain layers and work on common sewers.

No one shall employ any person other than a licensed drain layer to perform any work opening into a common sewer for the purpose of connecting a private sewer or drain therewith, and the repairs of every private sewer or drain laid from any house, building, cellar or land to such common sewer, and every opening into such drain, and all openings and excavations in any street for the purpose of constructing or repairing any private drain.

Cross reference(s) – Opening and repairing drains and sewers, sidewalk repair § 8-41 et seq.

Sec. 11-169. Private sewers or drains subject to tidewater.

No private sewer or drain connecting with a common sewer subject to the action of tidewater shall be constructed without a plug or clapper sufficient to prevent completely the reflux of drainage matter, storm or tidewater.

Sec. 11-170. Substances prohibited from common sewers.

No exhaust from a steam engine and no blowoff from a steam boiler shall be connected with any common sewer or private sewer or drain . No gasoline or other explosive or inflammable substance shall be caused or allowed to enter directly or indirectly any common sewer or private sewer or drain.

Sec. 11-171. Reserved.
DIVISION 2. INFILTRATION AND INFLOW MITIGATION
Sec. 11-172. Infiltration and inflow mitigation.

Any person or entity changing, altering, repairing, adding to or improving property in any way that may impact the City of Somerville sewer system, or any person or entity proposing to add additional wastewater to an existing sewer connection, or any person or entity establishing a new connection to the city’s common sewer system shall be required to mitigate infiltration/inflow entering the city’s common sewer system. Said person or entity shall be subject to payment of a fee established by the city engineer to mitigate infiltration / inflow . In the alternative, subject to approval of both the city engineer and city council, said person or entity may complete repairs, alterations or improvements to the city’s main drain and common sewer system to eliminate infiltration/inflow in accordance with plans and calculations approved by the city engineer. Such calculations shall include an administrative and oversight fee payable to the city in connection with the work to be performed. In the event a connection is subject to conditions issued by the Massachusetts Department of Environmental Protection, the Massachusetts Environmental Policy Act Unit or the Massachusetts Water Resources Authority as part of a state or regional permitting process requiring the removal of infiltration/inflow prior to connection, said removal of infiltration/inflow shall be credited toward complying with the requirements of this ordinance.

The mitigation requirements, fee schedule and methodology for calculating mitigation and fees, shall be determined and published by the city engineer, and may be revised from time to time. The city engineer shall provide the city council with the mitigation requirements, fee schedule and methodology for calculating mitigation and fees on or before January 1 of each year, and whenever the fee schedule and/or methodologies are revised. The city engineer shall adopt rules and regulations setting forth the mitigation requirements, fee schedule and methodology for calculating mitigation and fees. The mitigation requirements may include a de minimis exemption for minor work performed, at the discretion of the city engineer in consultation with the city council.

Secs. 11-173-11-175. Reserved.
DIVISION 3. ILLICIT DISCHARGES TO STORM DRAINAGE SYSTEM
Sec. 11-176. Illicit discharges to storm drainage system.
  1. (a) Purpose . (1) Increased and contaminated stormwater runoff is a major cause of impairment of water quality and flow into waterways; alteration or destruction of aquatic and wildlife habitat; and flooding. (2) Regulation of illicit connections and discharges to the municipal storm drainage system is necessary for the protection of the city's water bodies and groundwater and to safeguard the public health, safety, welfare and the environment. (3) The objectives of this division are: a. To prevent pollutants from entering the city's municipal separate storm sewer system (MS4); b. To prohibit illicit connections and unauthorized discharges to the MS4; c. To require the removal of all such illicit connections; d. To comply with state and federal statutes and regulations relating to stormwater discharges; and e. To establish the legal authority to ensure compliance with the provisions of this division through inspection, monitoring, and enforcement.
  2. (b) Applicability . This division shall apply to flows entering the municipal storm drainage system. The provisions of this division shall take precedence over any conflicting provisions of the general ordinances.
  3. (c) Authority . This division is adopted under the authority granted by the Home Rule Amendment of the Massachusetts Constitution and the Home Rule Procedures Act and pursuant to MGL c. 83, §§ 1, 10, and 16, as amended by St. 2004, c. 149, §§ 135 to 140, and the regulations of the federal Clean Water Act found at 40 CFR 122.34.
  4. (d) Responsibility for administration . The city engineer shall administer, implement and enforce this division and any rules and regulations adopted thereunder. Any powers granted to or duties imposed upon the city engineer may be delegated in writing by the city engineer to employees or agents of the city engineer.
  5. (e) Regulations . The city engineer may promulgate rules and regulations to effectuate the purposes of this division. Failure by the city engineer to promulgate such rules and regulations shall not have the effect of suspending or invalidating this division.
  6. (f) Prohibited activities . (1) A person is considered to be in violation of this division if they connect a line conveying sewage and/or wastewater to the municipal storm drain system or, once detected, allows such a connection to continue. (2) Illicit discharges . No person shall dump, discharge, cause or allow to be discharged any pollutant or nonstormwater discharge into the municipal separate storm sewer system (MS4), into a watercourse , or into the waters of the Commonwealth of Massachusetts . (3) Illicit connections. No person shall construct, use, allow, maintain or continue any illicit connection to the municipal storm drainage system, regardless of whether the connection was permissible under applicable law, regulation or custom at the time of connection. (4) Obstruction of municipal storm drainage system. No person shall obstruct or interfere with the normal flow of stormwater into or out of the municipal storm drainage system without prior written approval from the city engineer.
  7. (g) Exemptions . The following nonstormwater discharges or flows are exempt from the prohibition of nonstormwater, provided that the source is not a significant contributor of a pollutant to the municipal storm drainage system: (1) Municipal water line flushing; (2) Uncontaminated groundwater or uncontaminated pumped groundwater; (3) Water from exterior foundation drains footing drains, crawl space pumps or air conditioning condensation; (4) Water from sump pumps and other pumps that remove flow from basements, except that this provision excludes water contaminated by sewage; (5) Water discharge from irrigation or watering of lawns, trees, landscaping and gardens; (6) Water from property management activities, including washing walkways, patios, house siding, windows or similar property management activities, provided that no detergents are used in conducting such activities; (7) Discharge from dechlorinated swimming pool water (less than one ppm of chlorine or bromine), provided that the pool is not drained in a manner designed to flood or otherwise adversely affect neighboring or downstream properties; (8) Consolidated public works ice, snow and street sweeping management operations; (9) Flow resulting from fire-fighting activities; (10) Dye testing, provided that written notification is given to the engineering department two business days prior to the time of the test; (11) Maintenance or replacement of existing landscaping, gardens or lawn areas; (12) Construction of fencing that will not substantially alter existing terrain or drainage patterns; (13) Construction of utilities other than drainage (for example, gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns; (14) Projects that commenced prior to the effective date of this division, provided that they are completed within one year from such effective date; (15) Natural flow from riparian habitats and wetlands ; (16) Springs; (17) Diverted stream flow; (18) Rising groundwater; (19) Nonstormwater discharge permitted under an NPDES permit or a surface water discharge permit, waiver, or waste discharge order administered under the authority of the United States Environmental Protection Agency or the Department of Environmental Protection, provided that the discharge is in full compliance with the requirements of the permit, waiver, or order and applicable laws and regulations; and (20) Discharge for which advanced written approval is received from the city engineer as necessary to protect public health, safety, welfare or the environment.
  8. (h) Emergency suspension of municipal stormwater drain access . (1) The city engineer may suspend municipal storm drainage system access to any person or property without prior written notice when such suspension is necessary to stop an actual or threatened discharge of pollutants that presents imminent risk of harm to the public health, safety, welfare or the environment. (2) No person shall reinstate municipal storm drain system access to premises terminated pursuant to this section without the prior inspection and approval of the engineering department. An unapproved reinstatement shall constitute a violation of this section. (3) In the event any person fails to comply with an emergency suspension order or reinstates access in violation of this section, the city engineer may take all reasonable steps to prevent or minimize harm to the public health, safety, welfare or the environment.
  9. (i) Notification of spills . Notwithstanding other requirements of local, state or federal law, as soon as a person responsible for a property or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which may result in discharge of pollutants to the municipal drainage system or waters of the Commonwealth of Massachusetts or United States, said person shall take necessary steps to ensure the discovery, containment and cleanup of the release. In the event of such a release of hazardous materials, said person shall also immediately notify emergency response officials of the occurrence by calling E911. In the event of a release of nonhazardous materials, said person shall notify the engineering division in person, by phone or by email no later than 4:00 p.m. of the next business day.
  10. (j) Enforcement . (1) The city engineer or appointed designee shall enforce this division and any regulations promulgated hereunder and may issue and prosecute violation notices and enforcement orders and may pursue all civil and criminal remedies for violations hereunder. (2) Civil relief . The city engineer may seek injunctive relief in a court of competent jurisdiction to restrain a person from continued violations of the provisions of this division and the regulations promulgated hereunder or of any notices, order or written approvals or to compel said person to abate or remediate the violation(s). (3) Orders . The city engineer or an authorized agent of the city engineer may issue a written order to enforce the provisions of this division or the regulations thereunder, which may include: a. Elimination of illicit connections or discharges to the MS4; b. Performance of monitoring, analyses, and reporting; c. That unlawful discharges, practices, or operations shall cease and desist; and d. Remediation of contamination in connection therewith. (4) If the city engineer determines that abatement or remediation of contamination is required, the order described in section (j)(3) above shall set forth deadlines in accordance with the city’s NPDES general permit by which such abatement or remediation must be completed. Said order shall further advise that, should the violator or property owner fail to abate or perform remediation within the specified deadlines in accordance with the city’s NPDES general permit, the city may, at its option, undertake such work or cause the work to be performed, and expenses thereof shall be charged to the violator. If a violator fails to comply with the order, the city may cause the work to be performed, and charge the owner of the property and place a lien against the property for expenses incurred, provided any entry onto private property pursuant to this provision is consistent with the Constitutions of the United States and Commonwealth of Massachusetts. In the event of an emergency, however, the city engineer may require immediate compliance with an order and may take all necessary action to secure compliance with this ordinance. Within 30 days after completing all measures necessary to abate the violation or to perform remediation, the city engineer shall issue a bill for all expenses incurred by the city in performing the work. The bill shall provide that all expenses are due and payable within 30 days. The violator or property owner may file a written objection to the bill within 30 days of receipt. If the amount due is not received by the expiration of the time in which to file a written objection, if no written objection is filed, or within 30 days following a decision of the city engineer affirming or reducing the bill, if a written objection is filed, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner's property for the amount of said costs. Interest shall accrue in accordance with G.L. c. 59, s. 57. (5) Violations . It is unlawful for any owner or occupant of real property to fail to comply with the requirements of this section or any order of the city engineer enforcing the requirements of this section. The provisions of this section may be enforced by the city engineer by a noncriminal disposition pursuant to G.L. c. 40, s. 21D. Each violation of a provision of this section is a separate and distinct offense and in a case of a continuing violation, each day that the violation continues constitutes a separate offense. Any person, firm, corporation, association or other entity violating any provision of this division shall be punished in accordance with section 1-11 of this Code. Any interested person may request, in writing, a hearing before a municipal hearing officer to contest the issuance of a fine, as provided in Chapter 106 of the Acts of 2008. The imposition of penalties herein prescribed shall not preclude the city from instituting other remedies to abate violations of this ordinances as permitted by law, including, but not limited to criminal proceedings, application for equitable relief, or receivership proceedings. (6) Entry to perform duties under this division . To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the city engineer, its agents, officers, and employees may enter upon privately owned property for the purpose of performing their duties under this division and associated regulations and may make or cause to be made such examinations, surveys or sampling as the city engineer deems reasonably necessary. (7) Appeals . The decisions or orders of the city engineer shall be final. Further relief shall be to a court of competent jurisdiction. (8) Remedies not exclusive . The remedies listed in this division are not exclusive of any other remedies available under any applicable federal, state or local law.
  11. (k) Transitional provisions . Residential property owners shall have 90 days from the effective date of this division to comply with its provisions, provided that good cause is shown for the failure to comply during that period.
Secs. 11-177-11-180. Reserved.
ARTICLE VIII. CROSS CONNECTION CONTROL*
Sec. 11-181. Cross connections in water supply.

The purpose of this article is:

  1. (1) To protect the public potable water supply served by the city department of public works/water department from the possibility of contamination or pollutants which could backflow or back siphon into the public water system.
  2. (2) To promote the elimination or control of existing cross connections, actual or potential, between its customers in-plant potable water system, and nonpotable systems.
  3. (3) To provide for maintenance of a continuing program of cross connection control which will effectively prevent the contamination or pollution of all potable water systems by cross connections.
Sec. 11-182. Authority of water superintendent.
  1. (a) As provided in the Federal Safe Drinking Water Act of 1974 (Public Law 93-523), and the Commonwealth of Massachusetts Drinking Water Regulations, 310 CMR 22.22, the water purveyor has the primary responsibility for preventing water from unapproved sources or any other substances from entering the public potable water system.
  2. (b) As provided in this Code of Ordinances, section 11-124 , violation of the superintendent's rules is prohibited.
Sec. 11-183. Protection of potable water supply.

The water department or its designated agent shall be responsible for the protection of the public potable water distribution system from contamination or pollution due to the backflow or backsiphonage of contaminants or pollutants. If, as a result of a survey of the premises, the department or its designated agent determines that an approved backflow prevention device is required at the city's water service connection or impact protection on any customer's premises, the department, or its designated agent, shall issue a cross connection violation form to the customer to install approved backflow devices. The customer shall, within a time frame determined by the department, install such approved device or devices at his/her own expense; and failure or refusal or inability on the part of the customer to install said device or devices within the specified time frame shall constitute a ground for discontinuing water service to the premises until such device or devices have been properly installed.

Sec. 11-184. Definitions.
  1. (a) Air gap separation shall mean the method of preventing backflow through the use of an unobstructed vertical distance through the free atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle.
  2. (b) Approved shall mean accepted by the reviewing authority as meeting an applicable specification stated or cited in this regulation or as suitable for the proposed use.
  3. (c) Approved backflow prevention device or devices shall mean a method to prevent backflow approved by the D.E.P. for use in the state.
  4. (d) Atmospheric vacuum breaker shall mean an approved backflow device used to prevent backsiphonage which is not designed for use under static line pressure.
  5. (e) Auxiliary water supply shall mean any water supply of unknown or questionable quality on or available to the premises other than the supplier's approved public potable water supply.
  6. (f) Back pressure shall mean pressure created by mechanical means or other means which causes water or other liquids or substances to flow or move in a direction opposite to that which is intended.
  7. (g) Backsiphonage shall mean a form of backflow due to reduced or subatmospheric pressure within a water system.
  8. (h) Backflow shall mean the flow of water or other liquids, mixtures or substances into the distribution pipes of a potable water supply from any source other than the intended source.
  9. (i) Backflow preventer with intermediate atmospheric vent shall mean a device having two independently operating check valves separated by an intermediate chamber with a means for automatically venting it into the atmosphere, in which the check valves are forces loaded to a normally closed position and the venting means is a force loaded to a normally open position.
  10. (j) Barometric loop shall mean a loop of pipe rising at least 35 feet, at its topmost point, above the highest fixture it supplies.
  11. (k) Contaminant shall mean any physical, chemical, biological or radiological substance or matter in water.
  12. (l) Cross connection shall mean any actual or potential connection between a distribution pipe of potable water from a public waste system and any waste pipe, soil pipe, sewer, drain, or other unapproved source.
  13. (m) Cross connection violation form shall mean a violation form designated by the D.E.P., which is sent to the owner by the water supplier with copies sent to the D.E.P., plumbing inspectors and board of health delineating cross connection violations found on the owner's premises and a procedure for corrective action.
  14. (n) Department shall mean the City of Somerville Water Division.
  15. (o) Designated agent shall mean any individual approved by the department who holds a current certificate as a backflow prevention device tester from the commonwealth .
  16. (p) D.E.P. shall mean the Massachusetts Department of Environmental Protection.
  17. (q) Double check valve assembly shall mean a backflow prevention device which incorporates an assembly of check valves, with shut-off valves at each end and appurtenances for testing.
  18. (r) In-plant protection shall mean the location of approved backflow prevention devices in a manner which proves simultaneous protection of the public water system and the potable water system within the premises.
  19. (s) Owner shall mean any person maintaining a cross connection installation or owning or occupying premises on which cross connections can or do exist.
  20. (t) Permit shall mean a document issued by the D.E.P. which allows a cross connection installation.
  21. (u) Person shall mean any individual, corporation, company, association, trust, partnership, the commonwealth, a municipality, district, or other subdivision or instrumentality of the United States, except that nothing herein shall be constructed to refer to or to include any American Indian tribe or the United States Secretary of the Interior in his or her capacity as trustee of Indian lands.
  22. (v) Pressure vacuum breaker shall mean an approved backflow prevention device designed to prevent only backsiphonage and which is designed for use under static line pressure and which has necessary appurtenances for testing.
  23. (w) Reduced pressure backflow preventer shall mean an approved backflow prevention device incorporating (1) two more check valves, (2) an automatically operating differential relief valve located between the two checks, (3) two shut-off valves, and (4) necessary appurtenances for testing.
  24. (x) Residential dual check shall mean an assembly of two spring-loaded, independently operated check valves without tightly closing shut-off valves and test clocks; generally employed immediately downstream of the water meter to act as a contaminant device.
  25. (y) Reviewing authority shall mean the D.E.P., its designee, or the local plumbing inspector, authorized by Chapter 142 of the General Laws and licensed by the board of state examiners of plumbers and gas fitters, whichever is responsible for the review and approval of the installation of an approved backflow prevention device.
Sec. 11-185. Cross connection inspections.
  1. (a) The department will operate an active cross connection control program, to include the keeping of necessary records, which fulfills the requirements of the state D.E.P.'s cross connection regulations and is approved by the D.E.P.
  2. (b) The owner shall allow his or her property to be inspected for possible cross connections and shall follow the provisions of the department's program and the D.E.P. regulations, and failure or refusal or inability on the part of the owner to allow such inspections shall constitute a ground for discontinuing water service to the premises until such inspections have been performed.
Sec. 11-186. Cross connection responsibilities.
  1. (a) Water department : (1) On new installations, the department, or its designated agent, will provide on-site evaluation and/or inspection of plans in order to determine the type of backflow preventer, if any, that will be required, and notify the owner of the plan approval requirements by the appropriate reviewing authority. (2) For premises existing prior to the start of this program, the department, or its designated agent, will perform surveys of the premises and reviews of as-built plans and issue a cross connection violation form to the owner detailing any corrective action required, the method of achieving the correction, and the time allowed for the correction to be made. The time period allowed shall depend upon the degree of hazard involved. (3) The department will not allow any cross connection to remain unless it is protected by an approved backflow preventer for which a permit has been issued and which will be regularly tested to ensure satisfactory operation. (4) If the department [determines] at any time that a serious threat to the public health exists, the water service will be terminated immediately. (5) The department shall have on its staff, or shall have a designated agent, who is a backflow prevention device tester certified by the commonwealth . (6) The department, or its designated agent, will begin initial premises inspections to determine the nature of existing or potential hazards, following the approval of this program by the D.E.P., during calendar year 1990. Initial focus will be on high-hazard industries and commercial premises.
  2. (b) Owner : (1) The owner shall be responsible for the elimination or protection of all cross connections on his or her premises. (2) The owner shall be responsible for applying for and obtaining all necessary approvals and permits for the cross connections and installation of backflow prevention devices, and applying annually for the renewal of each permit. (3) The owner shall have any device that fails an inspection or test repaired or replaced by a licensed plumber. (4) The owner shall inform the department of any proposed or modified cross connection, also any existing cross connections which the owner is aware of but have not been found by the department, or its designee. (5) The owner shall not install a bypass around any backflow preventer unless there is a backflow preventer of the same type on the bypass. Owners who cannot shut down operation for testing of the device(s) must supply additional devices necessary for testing to take place. (6) The owner shall install backflow preventers in a manner approved by the D.E.P. and by the department. (7) The owner shall install only reduced pressure backflow preventers and double check valve assemblies approved by the state D.E.P. (8) Any owner of industrial, commercial or institutional premises having a private well or other private water source must have a permit if the well or source is cross connected to the department's system. Permission to cross connect may be denied by the department. The owner may be required to install a backflow preventer at the service entrance if private water source is maintained even if it is not cross connected to the department's system. (9) The owner of any residential premises having a private well or other private water source will not be allowed a physical connection with the public water supply system. (10) The owner shall be responsible for the payment of all fees for surveys, permits, device testings, retesting in the case that the device fails to operate correctly, and second reinspections for noncompliance with department or D.E.P. requirements. (11) The owner shall be responsible for providing labor on the premises necessary to allow inspections and testing of devices by the department or its designated agent. (12) The owner shall be responsible for having spare parts and repair tools for the backflow devices on the premises at all times. If the backflow device is not able to be repaired, the owner is responsible for supplying a replacement device.
Sec. 11-187. Contaminant devices.

The department recognizes the threat to the public water system arising from the cross connections. As such, the department, whereas it is responsible for the quality of the public water supply, may require a contaminant device on the water service entrance to any customer who, as a result of unprotected cross connections, could contaminate the public water supply system.

Sec. 11-188. Enforcement.

The department shall not allow a cross connection to exist with the public water supply system unless it is considered necessary and all appropriate approvals and permits have been issued.

Sec. 11-189. Backflow preventers.

Any existing backflow preventer shall be allowed by the department to continue in service unless the degree of hazard is such as to supersede the effectiveness of the present backflow preventer or as result in an unreasonable risk to the public health. Where the degree of hazard has increased, as in the case of a residential installation converting to a business establishment, any existing backflow preventer or reduced pressure backflow preventer must be installed in the event that no backflow device was present.

Sec. 11-190. Backflow preventer tests and inspections.
  1. (a) Reduced pressure backflow preventers and double check valve assemblies shall be tested and inspected at least semiannually by the department, or its designated agent.
  2. (b) Periodic testing shall be performed by the department's certified tester or his or her designated agent, who shall be a certified tester.
  3. (c) The testing shall be conducted during the department's regular business hours. Exceptions to this, when at the request of the owner , may require additional charges to cover the increased costs to the department, or its designated agent.
  4. (d) Reduced pressure backflow preventers and double check valve assemblies must be tested annually by the owner, independent of the semi-annual test by the water supplier; and said test must be conducted by a certified tester.
  5. (e) Any backflow preventer which fails during a periodic test must be repaired or replaced by a licensed plumber. When repairs are necessary, upon completion of the repair, the device will be tested at the owner's expense to ensure proper operation. High-hazard situations will not be allowed to continue unprotected if the backflow preventer fails the test and cannot be repaired immediately. In other situations, a compliance date of not more than 14 days after the test date will be established. The owner is responsible for spare parts, repair tools, or a replacement device. Parallel installation of two devices is an effective means of the owner ensuring that the uninterrupted water service remains during testing or repair of devices and is strongly recommended when the owner desires such continuity.
  6. (f) Backflow prevention devices will be tested more frequently than specified previously in subsection (a) of this section in cases where there is a history of test failures and the department feels that due to the degree of hazard involved, additional testing is warranted. Cost of the additional tests will be borne by the owner.
Sec. 11-191. Records and reports.
  1. (a) Records : The department will initiate and maintain the following: (1) Master files on customers' cross connection tests and/or inspections. (2) Master files on approved cross connection installations. (3) Copies of lists and summaries supplied to the D.E.P.
  2. (b) Reports : The department will submit the following to the D.E.P.: (1) Initial listing of high-hazard cross connections. (2) Initial listing of low-hazard cross connections. (3) Annual update lists of items (1) and (2) above. (4) Annual summary of cross connection inspections and surveys.
Sec. 11-192. Dual check devices and double check valves.
  1. (a) Residential dual check : (1) Effective as of the date of acceptance of the cross connection control program for the city , all new residential buildings will be required to install a residential dual check device immediately downstream of the water meter. Installation of this dual check device on a retrofit basis on existing service lines will be instituted at the time and at a potential cost to the homeowner as deemed necessary by the department. (2) The owner must be aware that installation of a residential dual check valve results in a potential closed plumbing system within his or her residence. As such, provisions may have to be made by the owner to provide for thermal expansion devices and/or pressure relief valves.
  2. (b) Strainers : The department strongly recommends that all new and retrofit installations of reduced pressure backflow preventers and double check valve assemblies include the installation of strainers located immediately upstream of the backflow device. The installation of strainers will preclude the fouling of backflow devices due to both foreseen and unforeseen circumstances occurring to the water supply system such as water main repairs, water main breaks, fires, periodic cleaning and flushing of mains, etc. These occurrences may stir up debris within the water main that will cause fouling of backflow devices installed without the benefit of strainers.

CHAPTER 12 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*

Charter reference(s) – Power of city council to lay out, locate, alter, etc., streets, § 17(3); department of public works, § 40; powers and duties of commissioner of public works, § 40A; security required for excavation of streets and sidewalks, § 42.

Cross reference(s) – Emergency management, Ch. 4; burning in public places, § 5-1 ; housing, Ch. 7; tables for vendors on public streets and sidewalks, § 8-8 ; opening and repairing drains and sewers, sidewalk repair, § 8-41 et seq.; licenses for nonprofit organizations, § 8-91 et seq.; musicians and street performers, § 8-121 et seq.; door-to-door solicitors and canvassers, § 8-146 et seq.; marathons, walkathons and other endurance exhibitions, § 8-186 et seq.; alcoholic beverages in public areas, § 9-1 ; vandalism and damage to public property, § 9-46 ; graffiti and damage to public property, § 9-47 ; signs and posters on public property, § 9-48 ; weeds and grass on sidewalks, § 9-56 ; repairing and storing motor vehicles on public and private property, § 9-57 ; public works, Ch. 11; trash and litter removal from sidewalks, § 11-43 ; trash and litter removal from storefronts and businesses, § 11-44 ; taxicabs, taxi stands and taxi operators, Ch. 13; list of city streets, App. C.

State law reference(s) – Jurisdiction of cities over highways, M.G.L.A . c. 82, § 17 et seq.; regulations relative to sidewalks, M.G.L.A. c. 83, § 25 et seq.; regulations relative to public ways generally, M.G.L.A. c. 85; authority to regulate use of ways for certain purposes, M.G.L.A. c. 85, § 10.

ARTICLE I. IN GENERAL
Sec. 12-1. Street names.

No street when laid out shall be given the same name as that by which any other street, public or private, is known in this city .

Sec. 12-2. Water run-off and washing cars.
  1. (a) No person shall suffer his or her building or awning or other projection thereon to shed water on any sidewalk or street to the injury or inconvenience of travelers.
  2. (b) No person shall wash or clean an automobile or horse in any street, or cause it to be there washed or cleaned, and no person using water for washing automobiles or for other purposes shall so use it, or cause or allow it so to be used, thrown, discharged, or so to escape, as to flow or collect upon any street, or to flow upon or across the surface of any sidewalk.

Cross reference(s) – Interference with water system, § 11-121 et seq.

Sec. 12-3. Littering and dumping trash and rubbish on public property.

No person , unless thereto duly authorized by ordinance, or by permission of the city council or of the commissioner of public works, shall drop, place, or throw and allow to remain, or cause to be dropped, placed, or thrown, and allowed to remain, in or on any catch basin, street, sidewalk, park, or other public place; any ashes, cinders, glass, crockery, scrap iron, nails, tacks, stones, gravel, sand, paper, sawdust, wood, lumber or other building material, pole, post, shrub or tree or trimmings thereof, wire, hair, manure, card, handbill, shavings, dirt, earth, brine, salt or mixture of salt, oyster shell, clam shell, lobster shell, fish, fruit, vegetable, meat, or any other rubbish or filth or offensive matter or substance, liquid or solid or any kind whatsoever.

Cross reference(s) – Collection of ashes and offal, § 11-30 ; household trash and rubbish collection, § 11-31 ; rubbish or trash picking, collecting or disturbing, § 11-32 ; disturbing trash containers before collection, § 11-41 ; placing trash in public trash containers, § 11-42 ; temporary obstructions on streets and sidewalks, § 12-12 .

Sec. 12-4. Leafleting and handbills.
  1. (a) No person , unless thereto duly authorized by law or ordinance, shall drop, place or throw and allow to remain, or cause to be dropped, placed or thrown and allowed to remain, on a step, piazza or other place, from which it is likely to be blown upon a street or public park, any card, handbill, circular or other paper, except a newspaper or magazine.
  2. (b) Nothing contained in section 12-3 or this section shall be construed to deny to anyone the right to, nor to require authorization or permission to, distribute handbills or other printed matter upon any street, sidewalk, park or other public place.

Cross reference(s) – Signs and posters on public property, § 9-48 .

Sec. 12-5. Blocking sidewalks.

No person shall place or cause to be placed upon the footpath or sidewalk of a street any wood, coal or other article for more than two hours, or suffer it to remain there more than one hour after being notified to remove the same by the superintendent of highways or a police officer of the city .

Sec. 12-6. Gaming and games of chance.

No person shall expose, in any street or other public place, any table or device of any kind by or upon which any game of hazard or chance to be played; nor shall any person play any such game at such table or device in any street or other public place.

State law reference(s) – Gaming generally, M.G.L.A . c. 137.

Sec. 12-7. Vehicles on sidewalks.
  1. (a) No person shall cause or allow a horse or vehicle to be driven over or across a sidewalk in any public street, nor shall any person drive a horse or vehicle over or across any sidewalk in any public street; provided, however, that this section shall not prohibit any person from driving a vehicle over a private driveway now existing or hereafter laid out over a public sidewalk by authority of the commissioner of public works or by order of the city council ; nor shall it prohibit any person acting under any permit issued by the commissioner of public works.
  2. (b) The commissioner of public works for good cause shown may issue a permit to any person to drive a vehicle across a public sidewalk where no private driveway exists, but such permit or renewals thereof shall state the purpose, duration of and conditions under which the permit is issued.
Sec. 12-8. Snow and ice on sidewalks.
  1. (a) A person, including an owner, occupant, tenant, or agent, in charge of land or a building may not place snow or ice, or allow it to remain, on an abutting sidewalk for more than six hours between sunrise and sunset following the conclusion of a weather event, or as otherwise extended by the city in its discretion. The person shall clear the sidewalk to its surface, or treat it with sand or other suitable material where clearing to the surface is impractical, to provide a path of travel with a minimum width of thirty-six inches. (1) An owner, commercial occupant, commercial tenant, or person in charge of land containing a building with exclusively commercial units or a building with ground floor commercial units abutting an accessible curb ramp shall also clear the curb ramp to provide a path of travel with clear and direct access to the crosswalk through the curb ramp in accordance with the standard established in subsection (a).
  2. (b) Whoever violates any of the provisions of subsection (a) of this section shall be fined in accordance with section 1-11 .
  3. (c) Upon neglect or violation of the duty imposed by the provisions of this section such duty may be performed by the superintendent of highways at the expense of the person liable to perform the same and the city may place a lien against the property for expenses incurred.
  4. (d) The city treasurer with the approval of the mayor may in civil actions prosecute and adjust claims inuring to the city under the provisions of this section.

State law reference(s) – Removal of snow from sidewalks, M.G.L.A . c. 40, § 21(3), (4); ordinances authorized, M.G.L.A. c. 85, § 5.

Sec. 12-9. Shoveling snow on streets.
  1. (a) No owner , tenant or occupant of land or a building, or any agent thereof, in this city shall cause any snow or ice from said land or building to be placed in any public way in this city unless said snow or ice is broken up and spread evenly, to a thickness of no more than three inches, during daylight hours, when the mean temperature for that day is above 40 degrees Fahrenheit.
  2. (b) Whoever violates any of the provisions of subsection (a) of this section shall be fined in accordance with section 1-11 .
Sec. 12-10. Coasting on streets with a sled.

No person shall coast with a sled in any street or other public place, except as authorized by the city council .

State law reference(s) – Authority to regulate, M.G.L.A . c. 85, § 10A.

Sec. 12-11. Loitering on sidewalks.

No person shall saunter or loiter for more than five minutes upon a sidewalk in any street after being directed by a police officer to move on, nor shall any person willfully or negligently obstruct the free passage of foot travelers on such sidewalk, nor shall any person congregate with others and loaf upon any such sidewalk or in any street or other public place of the city .

Sec. 12-12. Temporary obstructions on streets and sidewalks.

No person shall suffer his or her fuel, dirt, ashes, or other rubbish, or any other material to remain on any sidewalk or any street during any part of the nighttime, or in any other manner obstruct any sidewalk or street crossing, without a permit from the commissioner of public works.

Cross reference(s) – Collection of ashes and offal, § 11-30 ; household trash and rubbish collection, § 11-31 ; rubbish or trash picking, collecting or disturbing, § 11-32 ; disturbing trash containers before collection, § 11-41 ; placing trash in public trash containers, § 11-42 ; littering and dumping trash and rubbish on public property, § 12-3 ; obstacles in streets or sidewalks at night, § 12-18 .

Sec. 12-13. Playing ball on streets.

No person shall play baseball or football in any public street; and no person shall throw a ball, stone, or other missile, to the annoyance or intimidation of any traveler, or of any abutter on a public street.

Sec. 12-14. Signs, awnings, outdoor seating and other items on or over streets and sidewalks.

No person shall, except in accordance with a permit from the city council or as otherwise duly authorized, place, make or maintain any gate, table, stall, booth or other erection, signs, goods, wares, outdoor seating, doorstep, portico, porch, bow window, entrance or passageway to a cellar or basement, opening or area for admitting light or air, or any other article or structure on any street or sidewalk, or maintain such articles or structures in such a manner as to project or swing into or over any street or sidewalk. The licensing commission shall hereby be duly authorized to permit an establishment licensed by said commission to place outdoor seating and accessories thereto on the public way adjacent to said establishment. Any permit granted under this section for the purpose of placing and maintaining adjacent to a licensed establishment outdoor seating on a public sidewalk shall expire on the 31st day of December in the year in which it is granted. No permit shall be granted unless the petitioner files with the city clerk a bond in the sum of $5,000.00 to indemnify and save the city harmless from all liability and loss arising out of such permit or, in the alternative, designate the city as an additional insured on the petitioner's general liability, property and casualty insurance coverage. However, with the written permission of the mayor , in accordance with the terms of such permission, any person may suspend the flag of the United States of America or the flag of any country allied with the United States of America or any flag indicating military or naval services of the United States of America over any street or sidewalk.

Cross reference(s) – Dogs in outdoor seating areas of restaurants, § 6-24 ; Pipes, sewer, conduit, poles or other structures on, above, or under streets, § 11-142 ; temporary obstructions on streets and sidewalks, § 12-12 .

State law reference(s) – Authority to regulate structures projecting into ways, M.G.L.A . c. 85, § 8.

Sec. 12-15. Signs over streets and sidewalks.
  1. (a) No permit shall be granted to place or maintain or cause or allow to be placed or maintained over a public way any sign or advertising device more than six feet in its greatest length or extending more than six feet from the street line over the public way or extending from the street line beyond four feet with the outer line of the sidewalk or at a height of less than nine feet at the lowest part thereof above the sidewalk.
  2. (b) A fine in accordance with section 1-11 shall be levied upon any person guilty of violating the provisions of this section.

Cross reference(s) – Licenses, permits and miscellaneous business regulations, Ch. 8; pipes, sewer, conduit, poles or other structures on, above, or under streets, § 11-142 .

Sec. 12-16. Awnings over streets and sidewalks.

No person shall place or maintain, or allow to be placed or maintained, over any sidewalk in front of any building, any awning or shade less than seven feet in height at the lowest part thereof, or any awning or shade extending beyond the line of the sidewalk.

Sec. 12-17. Posts and supports on streets and sidewalks.

No person shall erect a post in any street or sidewalk for the support of an awning, or for any other purpose, without permission of the city council .

Sec. 12-18. Obstacles in streets or sidewalks at night.
  1. (a) No person shall leave any vehicle or any other obstacle or article on any sidewalk or in any public or private way, or place any obstruction in any street at any time, without first obtaining a permit from the commissioner of public works and causing such obstacle, article or obstruction to be lighted and guarded to his or her satisfaction.
  2. (b) Any person to whom a permit is given may be required by the commissioner of public works to furnish security by a bond as provided in section 12-14 for not less than $1,000.00 to protect the city against all liability and loss arising out of such obstruction.
  3. (c) A violation of this section shall result in a fine in accordance with the provisions of section 1-11 . Each day the violation exists shall constitute a separate and new violation. This section may be enforced by the commissioner of public works or his or her designee or by any police officer.
  4. (d) This section shall not apply to construction dumpsters. Construction dumpsters are regulated in section 12-77 of this Code.

Cross reference(s) – Licenses, permits and miscellaneous business regulations, Ch. 8.

Sec. 12-19. Removal of signs, awnings, outdoor seating and other items on or over streets and sidewalks.

The superintendent of the highway division of the department of public works shall remove any shade, awning, gate, doorstep, sign or other structure placed or maintained contrary to the provisions of this article.

Cross reference(s) – Superintendent of highways duties, § 11-50 .

Sec. 12-20. Asphalt street and sidewalk openings.

[The following regulations govern asphalt street and sidewalk openings:]

  1. (1) Fees : a. A $50.00 nonrefundable application fee is required. b. A $500.00, certified check refundable deposit is required. Trenches not inspected due to the failure of the permittee to properly notify the highway superintendent shall be subject to loss of deposit and repeat of the trench backfilling. c. A $5,000.00 performance and payment bond is required for each street opening permit granted. d. The contractor must furnish the city with a certificate of insurance for general liability in the amount of $500,000.00. (2) The superintendent of the highway department must be notified 24 hours before commencement of any work. Dig Safe must be notified. (3) The pavement shall only be disturbed within the area requiring excavation for repair, replacement or new installation. (4) The area to be excavated shall be precut in straight lines with 90-degree angles at the point of intersection. (5) In the backfill process, the backfill shall be comprised of suitable material (subject to approval of the commissioner of public works or his or her authorized representative) and compacted in six-inch layers to within four inches of pavement surface or the thickness of the pavement structure (bituminous concrete, concrete, cobblestones, etc.), whichever is greater. Each layer shall be 90 percent compacted by mechanical means. Saw or pneumatically cut edges shall have a clean vertical face. All structure shall be leveled to the adjacent surfaces. (6) Concrete should be used around all electric conduit in trenches. The excavation will then be properly barricaded to ensure safety to the traveling public and immediately reported to the department of public works. Temporary patching will be done by a contract representative of the city and will be the financial responsibility of the permittee. The permittee's barricade shall be immediately removed from the vicinity of the patched area upon completion of the temporary bituminous patching application. (7) Any open hole does not alleviate the permittee from liability associated with that excavation. The permittee shall be responsible for the street openings and protection thereof and for any settlement of the street opening for a period of three years from the date of the final infra-red permanent repair. Any settlement of a street opening will be corrected by the city's contract representative and charged to the permittee. (8) After a proper settling period, the excavating shall be infra-red heat treated by the contract representative of the city. This work shall be the financial obligation of the permittee. (9) Any improperly prepared excavations and/or those left less than four inches or the thickness of the street (whichever is greater) will be temporarily filled and charged to the permittee (temporary patching). At a later date, the patch will be reexcavated and properly prepared by the permittee, as per above items and recharged to the permittee. (10) All street excavations shall be made permanent by the infra-red heat process and will be the financial responsibility of the permittee. (11) The installation of permanent patch does not alleviate the permittee from the responsibility for trench settlement for a period of three years from the date of the final infra-red permanent repair as per item (5). (12) Excavations opened without a permit may be subject to cancellation and refusal of existing and future permits, license revocation, and associated fines. (13) Police protection, if required, shall be paid by the permittee either directly or billed by the city contract representative at cost, plus handling charges. (14) The contract representative of the city shall bill the permittee for the above-mentioned services. All invoices will be paid within 30 days. On past-due invoices a service charge of one and one-half percent per month will be allowed on accounts 30 days past due provided the rate does not exceed that which is permitted by law. Invoices exceeding 90 days shall be paid by the city, at which point the city shall fine the permittee the appropriate amount as prescribed by law, and continue to accrue the service charges together with all costs of collection, including attorney's fees. On 90-day past-due invoices, the city will revoke existing and future permits until the payment of such invoices, including all service charges and fines. If the account is found to be uncollectible, there shall be a lien upon such real estate in the manner provided in Chapter 40, Sections 42A to 42F of the General Laws . (15) The below listed fees will be effective April 1, 1991: a. Street opening, per week.................................. Plus, refundable deposit $50.00 500.00 b. Sidewalk opening, per week............................. Plus, refundable deposit 50.00 500.00 c. Occupy street and/or sidewalk.......................... Plus, refundable deposit 50.00 500.00
Sec. 12-20.1. Parking lot sweeping hours.
  1. (a) No parking lots may be swept between the hours of 7:00 p.m. and 7:00 a.m. on weekdays. On Saturdays, Sundays, and holidays, no parking lots may be swept between the hours of 7:00 p.m. and 9:00 a.m.
  2. (b) The provisions of this section shall be enforced by a noncriminal disposition pursuant to G.L.c. 40, § 21D. Each day on which a violation exists shall be deemed a separate offense and shall be punished by a fine specified in subsection 1-11 (b) of this Code of Ordinances. Nothing in this provision shall be deemed to limit the use of other lawful methods of abating violations of this section, including, but not limited to, application for equitable relief from a court of law. The city may seek costs and attorney’s fees from a court of competent jurisdiction for any enforcement action taken.
ARTICLE II. BILLBOARDS AND OTHER FORMS OF OUTDOOR ADVERTISING
Sec. 12-21. Regulating billboards and other forms of outdoor alcohol advertising.

The primary purposes of this section is to promote the welfare and temperance of persons under 21 years of age by reducing their exposure to certain publicly visible advertisements of alcoholic beverages and to promote wholesome, family-oriented social settings when children are present that reject the purchase, consumption or possession of alcoholic beverages by persons less than 21 years of age.

Sec. 12-22. Definitions.

Alcoholic beverage means alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.

Alcoholic beverage outdoor advertisement means any sign, poster, placard, device, graphic display, or any other form of advertisement bearing a word, mark, description, or other device that is used to advertise an alcoholic beverage or the business of a person who manufacturers, sells, or distributes an alcoholic beverage in publicly visible locations. "Alcoholic beverage outdoor advertisement" does not include (i) advertisements inside licensed premises, (ii) any advertisement that contains the name or slogan of the licensed premises that has been placed for the purpose of identifying the licensed premises, (iii) any neon or electronically charged sign, if otherwise allowed by the Somerville Zoning Ordinance, on licensed premises that is provided as part of promotion of a particular brand of alcoholic beverage, (iv) any advertisement on property adjacent to an interstate highway, (v) advertisements appearing on radio or television, or (vi) advertisements in a public vehicular conveyance for hire, on a race car while participating at a professional racing event or at a permanent motorized racetrack facility, on a boat participating in a racing event or a boat show, on an aircraft, on a bicycle or on the clothing of a member of a bicycle team participating in an organized bicycle race, or in a newspaper, magazine, or other literary publication published periodically. For the purpose of this definition, the word "sign," with respect to a retailer, does not include an identifying label affixed to a container as authorized by law.

Publicly visible locations include, but are not limited to, outdoor billboards, awnings, electric signs, sides of buildings, screens, benches, barriers, stages, fences, signs attached to poles, posts or other figures, and freestanding signboards, wherever located, whether indoor or outdoor, however manufactured, and comprising whatever materials.

Sec. 12-23. Alcoholic beverage outdoor advertisements.
  1. (a) No person or business entity may erect or maintain an alcoholic beverage outdoor advertisement within 500 feet of any public playground, private playground, playground area in a public park, elementary school or secondary school, place of worship, or childcare facility.
  2. (b) Any person or entity seeking to place an alcoholic beverage outdoor advertisement within the 500-foot limit established in subsection (a) may apply for an exemption with the City of Somerville in which the exemption would apply. The City of Somerville shall grant the exemption if the applicant demonstrates that the 500-foot limit denies the applicant a reasonable opportunity to communicate truthful information regarding alcoholic beverages to adult consumers who reside and work in the City of Somerville. In determining whether the applicant has been denied such an opportunity, the City of Somerville may consider: (1) potential locations for outdoor advertising that are outside the 500-foot limit and the percentage of the adult population that resides or works in these areas; (2) the availability of other forms of advertising to reach adult audiences and their relative cost; (3) the extent to which adults within the City of Somerville are familiar with the applicant’s alcoholic beverage products; (4) any advertising practices codes with which the applicant voluntarily has agreed to comply; (5) any other relevant evidence.
  3. (c) No person may place any advertisement of any alcoholic beverage product on any property owned or controlled by the City of Somerville.
  4. (d) Every agreement for lease to a private party of property owned or controlled by the City of Somerville shall include a provision prohibiting the placement on such property of any advertisement for any alcoholic beverage product.
Sec. 12-24. Public service advertising.

This statute shall not be construed to prohibit the display of public service messages designed to communicate the hazards of alcoholic beverages or to encourage minors to refrain from consuming or purchasing alcoholic beverages. However, this section shall not be construed to permit such a message when it is made in conjunction with the positive display of a representation, image, artwork, photograph, logo, graphic, device, display, regalia, insignia, indicia, design, slogan, trade name, brand name, product name, permittee or licensee name used for marketing or promotion of alcoholic beverages.

Sec. 12-25. Enforcement.

The provisions of this section shall be enforced by the inspectional services division by a noncriminal disposition pursuant to G. L. c. 40, s. 21D. Each violation shall be deemed a separate offense. Fines are specified in section 1-11 (b) of this Code . Nothing in this provision shall be deemed to limit the use of other lawful methods of abating violations of this section, including but not limited to application for equitable relief from a court of law. The city may seek costs and attorney’s fees from a court of competent jurisdiction for any enforcement action taken.

Secs. 12-26-12-45. Reserved.
ARTICLE III. PARKS, PLAYGROUNDS AND SCHOOL GROUNDS*

*Charter reference(s) – School committee, ARTICLE 5 .

Cross reference(s) – Recreation commission, § 2-246 et seq.; alcoholic beverages in public areas, § 9-1 .

State law reference(s) – Parks and playgrounds generally, M.G.L.A . c. 45.

Sec. 12-46. Activities on certain public property prohibited.
  1. (a) Restrictions. A person may not play baseball, football, or any other games, or operate a skateboard at any time on all property owned, maintained, and controlled by the city located within the following area: the intersection of Walnut Street and Highland Avenue, heading south easterly on Highland Avenue to the intersection of School Street and Highland Avenue, turning north easterly down School Street to the B&M railroad bridge on School Street, turning south westerly along the railroad tracks back toward Walnut Street and continuing south westerly onto Medford Street to the intersection of Medford and Walnut Street, and turning south westerly back to the intersection of Walnut Street and Highland Avenue.
  2. (b) Enforcement and penalties. Whoever violates any of the provisions of this section shall be punished by a fine as set forth in section 1-11 (b) of the Somerville Code of Ordinances in the manner provided by G. L. c. 40, § 21D. The police department is the enforcing authority for this section. Each day a violation occurs shall be a separate violation subject to another fine. This section shall not be construed to impair any common law or statutory cause of action or other legal remedy available to the city.
Sec. 12-47. Playing on Western Junior High School grounds.

No person shall play ball or other games except basketball in or on the basketball courts at the Western Junior High School premises.

Sec. 12-48. Closing time of parks and playgrounds.

Parks and playgrounds shall be closed to the public except city personnel conducting city business therein daily between hours of 10:00 p.m. and 8:00 a.m.

Sec. 12-49. Use of parks and playgrounds during closed times.

Whenever any group, association or organization desires to use park or playground facilities between the hours of 10:00 p.m. and 8:00 a.m. for a particular purpose such as, but not limited to, athletic events, a representative of said group, association or organization shall first obtain a permit from the city council for such purpose. In granting such permission, the city council shall make allowances for persons , other than said group, association or organization, to view any particular event or program. Person participating in or viewing duly-organized events continuing beyond 10:00 p.m. shall not be subject to the requirements set forth in this section.

Cross reference(s) – Licenses, permits and miscellaneous business regulations, Ch. 8.

Sec. 12-50. Interfering with the use of parks and playgrounds.

No person shall enter onto or cause anything under his or her control to enter onto any city park, playing field, or court so as to interfere with or obstruct in any way the full use and enjoyment of the park, playing field or court by a person or group with a valid permit to use said park, playing field or court issued by the commissioner of public works.

Sec. 12-51. Dogs in parks and playgrounds.
  1. (a) When the commissioner of public works, in his or her discretion, shall determine that any park, playground, schoolyard, or other public area in the control of the city is inappropriate for the allowance of entry by dogs, due to usage by small children, or landscaping considerations, or any other reason sufficient to him or her, he or she shall cause such place to be posted with appropriate and sufficient signs reading, "No Dogs Allowed." No person shall permit, suffer or allow any dog owned by him or her, or in his or her custody or control, whether restrained or unrestrained, to enter upon any park, playground, schoolyard, or other public area in the control of the city so posted as aforesaid.
  2. (b) For purposes of sections 3-35 and 3-36 , any violation of this section shall be treated by the dog officer as a violation of section 3-34 .
  3. (c) The commissioner of public works may, in his or her discretion, designate specific off-leash areas for use by dogs to run loose, and shall promulgate regulations for the use thereof. Such areas shall be properly enclosed to such specifications as the commissioner may determine. Such designated off-leash recreational areas, dog parks or dog runs shall be utilized exclusively for the use of dogs off leash. No dog under any order of restraint or muzzling in accordance with section 3-32 , and no dog identified in accordance with section 3-33 , shall be permitted to utilize such designated off-leash area. The commissioner shall make and post these regulations at every entry to such designated off-leash areas. The commissioner may, at his or her discretion, make additional rules and regulations, which shall be posted in a like manner. Any designation of off-leash areas, or any rules and regulations enacted by the commissioner hereunder shall become effective within 45 days of the meeting of their submission to the city council , unless the city council orders otherwise.
Secs. 12-52-12-65. Reserved.
ARTICLE IV. PLACEMENT AND MAINTENANCE OF NEWSRACKS
Sec. 12-66. Definitions.

When used in this section, unless the context otherwise requires, the following terms shall have the following meanings:

Certificate holder shall mean the holder of a certificate of compliance issued by the superintendent in accordance with the provisions of this section. A certificate holder is responsible for the installation and maintenance of newsracks encompassed by any certificate of compliance issued pursuant to the provisions of this section and for compliance with all provisions contained herein.

Certificate of compliance shall mean the certificate of compliance issued by the superintendent to the certificate holder in accordance with the provisions of this section.

Newsrack shall mean any type of unmanned device for the vending or free distribution of newspapers, periodicals or printed material of whatever nature.

Newsrack sticker shall mean a sequentially numbered sticker issued by the commissioner for placement on individual newsracks in accordance with the provisions of section 12-67 .

Operator shall mean any natural person or other legal entity including, but not limited to, corporations, partnerships, joint ventures and the like who either own, operator or are otherwise in control of a newsrack.

Superintendent shall mean the superintendent of inspectional services of the department of public works of the city or such person as said superintendent may from time to time designate.

Sec. 12-67. Newsracks on public property.
  1. (a) Requirement . No person shall place, affix, erect, construct or maintain a newsrack in or on any part of a public way without first obtaining a certificate of compliance from the superintendent in accordance with the provisions of this section. The certificate of compliance must be renewed annually on April 1 by application to the superintendent of inspectional services.
  2. (b) Limit . Only one certificate of compliance shall be required for each operator of a newsrack or series of newsracks notwithstanding the number of newsracks or similar devices dispensing such newspapers, periodicals or newsracks or similar devices dispensing such newspapers, periodicals or printed material.
  3. (c) Issuing authority . The superintendent shall be the issuing authority and coordinator of the application process and administration of this section.
  4. (d) Approving authorities . The approving authorities shall be the Somerville Traffic Commission, Somerville Fire Department, the director of the office of traffic and parking and the Chief of the Somerville Fire Department, or his/her designee. These approvals shall be submitted to the superintendent who shall coordinate and review the application.
  5. (e) Application process . Applicants must complete a written application on a form provided by the superintendent.
  6. (f) Application . The application shall describe in sufficient detail, the number location and type of newsracks for which the certificate of compliance is sought and shall contain the following information: (1) The name, address and telephone number of the applicant who is the owner /operator or other person who is the principal responsible person in charge of the newsrack(s); and (2) The name, address and telephone number of a natural person (if different from the applicant) whom the city may notify and/or contact at any time concerning the applicant's newsracks. This person would be responsible for receiving complaints and notices of violations when a certificate of compliance is issued and for providing information relating to the application during the application process. (3) The number of newsracks and a written description specifying the proposed approximate location of each; and (4) A certificate of insurance naming the City of Somerville as an additional insured in an amount sufficient to indemnify the city and hold it harmless from any and all claims or judgments for personal and bodily injury, including death, or property damage and from costs and expenses to which the city may be subjected or which it may suffer or incur by reason of the design, placement, installation, operation or maintenance of any of the applicant's newsracks. Reasonable evidence of self-insurance coverage may be substituted by the applicant for the certificate of insurance. Insurance under this section shall run continuously with the presence of the applicant's newsrack in the city's public ways and any termination or lapse of such insurance shall be a violation of this article, subject to appropriate remedy under subsection 12-73 of this section; and (5) A certificate from the applicant stating that the proposed locations for all of the newsracks listed in the application are in compliance with the provisions of this section.
  7. (g) Issuance of a certificate of compliance . Upon a finding by the superintendent that the applicant is in compliance with the provisions of this section, the superintendent shall issue a certificate of compliance. The superintendent shall issue a partial certificate of compliance upon a finding that some of the proposed newsrack locations are in compliance with the provisions of this section. Upon issuance of a certificate of compliance or a partial certificate of compliance, the superintendent shall issue the appropriate number of newsrack stickers for the locations that have been approved. A certificate of compliance or a partial certificate of compliance shall designate the applicant as the certificate holder . The superintendent shall issue a certificate of compliance within ten days of the superintendent's receipt of the completed application.
  8. (h) Denial of certificate of compliance . If an application for some newsrack location shall be denied, the superintendent shall notify the applicant within 30 days of the superintendent's receipt of the completed application. The superintendent shall state the specific reasons for denial and suggest alternative locations. The applicant may reapply for a substitute alternative location without having to pay an additional application fee. An applicant who has been denied a certificate of compliance under this section may appeal within 30 days of receiving notice of the denial by requesting in writing to the superintendent to appear before the commissioner of the department of public works to review said denial. The commissioner of the department of public works shall hear the appeal within 30 days of receipt of the appeal. The commissioner shall send his or her decision to the applicant within ten days after the hearing.
Sec. 12-68. Fees for newsrack certificates of compliance.
  1. (a) There shall be a certificate of compliance fee in the amount of $50.00. This fee shall be due upon initial application and upon each annual renewal.
  2. (b) In addition to the certificate of compliance fee, an annual fee of $25.00 per newsrack authorized shall be paid to the city to offset the costs of the city's monitoring compliance with this article.
  3. (c) Additional certificate of compliance . If at any time after the superintendent has issued a certificate of compliance, a certificate holder proposes to install additional newsracks , then the provisions of subsection 12-67 are to be repeated. No additional certificate of compliance fees shall be charged.
Sec. 12-69. Newsrack placement and location.

Placement . Subject to the prohibitions contained in this section newsracks shall be placed parallel to and not less than 18 inches nor more than 24 inches from the edge of the curb. Newsracks placed near the wall of a building or other structure must be placed parallel to and not more than six inches away from the wall.

No more than four newsracks shall be located per cluster on any public way. The distance of newsracks is at the discretion of the superintendent of inspectional services, to address public safety concerns. No newsrack shall be affixed, erected, installed, placed, used or maintained:

  1. (1) At any location whereby the clear space for the passage of pedestrians is reduced to less than four feet in width; or (2) Within five feet of any marked, or unmarked crosswalk; or (3) Within five feet of any fire hydrant, fire lane, fire call box, police call box or other emergency facility, mail box, telephone booth or stand; or (4) Within five feet of any part of a curb return of a curb ramp or driveway, or in the case of a curb ramp or driveway without a curb return, within five feet of the point where the curb edgestone or edging begins a change in grade toward the driveway or ramp on each side thereof, or in the case of a termination of the curb, edgestone or edging without a change in grade or a turn, within five feet of the point of the same terminates on each side of the ramp or driveway; or (5) Within five feet of any traffic control signal or traffic sign; or (6) Within five feet of a bicycle rack; or (7) Within five feet ahead or 15 feet to the rear of any designated bus stop, taxi stand, valet parking area, loading zone or fire lane, unless such newsrack is placed against a wall that is within four feet of a designated bus stop, taxi stand, valet parking area, loading zone or fire land and the newsrack so placed does not project into or otherwise interfere with the unobstructed flow of pedestrian and vehicular traffic; or (8) Which in any way protrudes onto a street.
  1. (a) Attachment to trees and other objects prohibited . Except to the extent permitted by regulations promulgated by the superintendent , no operator shall place or cause to be placed and no operator shall suffer to remain any newsrack chained or otherwise attached to any tree, street light post, traffic signal or sign.
  2. (b) Attachment to other newsracks . Newsracks, when placed side by side, may be chained or otherwise attached to one another, provided that no group of newsracks shall extend for a distance of more than ten feet along a curb, and a space of not less than five feet shall separate each group of newsracks.
Sec. 12-71. Advertising on newsracks.

It shall be unlawful for any operator to use a newsrack for advertising or publicity purposes other than that dealing with the display, sale or purchase of the publications dispensed therein.

Sec. 12-72. Newsrack specifications.

Newsracks shall be of study material and installed or otherwise placed in accordance with the following provisions:

  1. (1) Each newsrack shall prominently display the newsrack sticker issued by the superintendent pursuant to the provisions of this section. (2) Each newsrack shall be: a. Installed or placed on the pavement in an upright, sufficiently weighted and secure position; and b. Of a type that is completely enclosed, with a self-closing door that is either self-latching or otherwise requires manual or mechanical release at each use; and c. Maintained in a state of good repair and in a neat and clean condition; and d. Maintained in a condition that is free of accumulations of outdated printed materials, trash, rubbish or debris. (3) Each newsrack shall be regularly serviced so that: a. It is kept reasonably free of graffiti; and b. It is kept reasonably free of chipped, faded, peeling and cracked paint in the visible painted areas thereof; and c. It is kept reasonably free of rust and corrosion in the visible unpainted metal areas thereof; and d. The clear glass or plastic parts thereof, if any, are not broken and are kept reasonably free of tears, peeling or fading; and e. The structural parts of the newsrack are not broken or unduly misshapen.
Sec. 12-73. Enforcement.
  1. (a) Nonconforming newsracks . Any newsrack found not to be in compliance with this section shall be subject to the enforcement provisions contained herein.
  2. (b) Abandonment . In the event that any newsrack installed pursuant to the provisions of this section does not contain the printed material being dispensed therein for a period of seven days after the release of the current issue, the director of operations, director of traffic and parking, highway superintendent or the superintendent of inspectional services, may deem the newsrack abandoned and take appropriate action under this section. A newsrack shall otherwise be deemed abandoned if no printed material is found in the newsrack for a period of more than 15 consecutive days. In the event that a certificate holder voluntarily abandons a newsrack location, the certificate holder shall so notify the superintendent, completely remove the newsrack and restore the public way to a safe condition.
  3. (c) Enforcement . (1) Enforcement of the provisions of this section shall be carried out by the superintendent. Upon a determination that a violation of any provision of this section exists, the superintendent shall notify the certificate holder of the violation in writing by first class mail. The notice shall include: a. The newsrack sticker and location of the newsrack; and b. The date of the incident or other cause giving rise to the violation; and c. A brief and concise statement of the facts causing the violation. (2) The notice shall inform the certificate holder that at the expiration of ten days from the receipt of the violation notice, the newsrack will be removed by the superintendent, unless the violation is corrected. (3) Upon removal of a newsrack, the superintendent shall send, by first class mail, written notice of such removal to the certificate holder. (4) Notwithstanding the provisions of the foregoing paragraphs (1)-(3) of this subsection, the superintendent may order the immediate removal of any newsrack(s) that the superintendent determines prevents an imminent threat or peril to public safety, provided that the certificate holder shall be notified of such removal as soon as practicable thereafter, and further provided that any newsrack so removed shall be stored for a period of 30 days in order to allow the certificate holder to retrieve the newsrack. If the superintendent removes a newsrack under this subsection (c)(4), which does not have a certificate of compliance , the superintendent shall dispose of the newsrack at the end of the 30-day period as abandoned property.
Sec. 12-74. Penalties.
  1. (a) A newsrack removed pursuant to this section may be retrieved by the certificate holder at any time within 30 days of its removal upon payment of a removal fee of $25.00 plus a storage fee of $5.00 per day, to a maximum combined removal and storage fee of $100.00.
  2. (b) After 30 days, any newsracks removed by the superintendent pursuant to section 12-73 shall be deemed "abandoned property" and become the property of the city .
  3. (c) Failure of a certificate holder to retrieve a newsrack within the specified 30-day period shall not operate to dismiss any fees owned to the city for removal and storage of such newsrack. Unpaid fees accrued pursuant to this subsection shall be considered a debt payable to the city.
Sec. 12-75. Additional regulations.

The superintendent may, after public hearing, promulgate such rules and regulations consistent with the provisions of this section and the laws of the Commonwealth of Massachusetts as shall carry out the purposes of this section.

Sec. 12-76. Provisions for other regulations.

Nothing in this section shall affect the adoption of regulations affecting newsracks by other governmental bodies, such as historic district commissions, to the extent such bodies are authorized to adopt such regulations.

Sec. 12-77. Construction dumpsters.

It shall be unlawful to place any construction dumpster on any public or private street in the city without first obtaining a permit for such placement from the superintendent of inspectional services. Violations of any conditions of the permit by a homeowner and/or permittee shall be deemed a violation of this section. Violations of this section are subject to penalties in accordance with section 1-11 (b) of the Code of Ordinances. Each consecutive day that a violation exists shall be considered a separate offense.

Secs. 12-78-12-87. Reserved.
ARTICLE V. SHOPPING CARTS
Sec. 12-88. Definitions.

The following terms, whenever used or referred to in this article, shall have the following respective meanings, which definitions shall apply in the interpretation and enforcement of such sections unless a different meaning clearly appears from the context.

Business day shall mean any day the owner is open for business.

Cart shall mean any rolling or non-rolling basket or container commonly used in supermarkets, grocery stores, department stores, retail business establishments and other stores frequented by customers.

City shall mean the City of Somerville.

Owner shall mean the person, store or company that owns, leases or is otherwise primarily responsible for control of the cart in question.

Public property shall mean any property owned or controlled by the City of Somerville, the Commonwealth of Massachusetts or the United States of America, which is open to the public for use and enjoyment, and shall include but not limited to bridges, bus stops, parks, playgrounds, streets and subway stops.

Store shall mean any individual store, chain store, supermarket, grocery store, department store, or other business establishment frequented by patrons that owns, leases or controls shopping carts.

Street shall mean any street, avenue, road, alley, lane, highway, private way or other public way, including pavement, shoulders, gutters, sidewalks and other places within the street lines used by the general public, and public parking lots and areas.

Superintendent shall mean the superintendent of inspectional services.

Sec. 12-89. Retrieval plan.

Each store furnishing shopping carts to patrons to transport items purchased from the store, is hereby required to develop and implement a specific plan to retrieve its shopping carts that are found on public property . Two or more stores may collaborate and submit to the superintendent of inspectional services (“superintendent”) a single plan.

Plans must be submitted to the superintendent within 60 days of the effective date of this article, and must include an effective and specific method of retrieving the store’s shopping carts found on public property. Failure to submit a cart retrieval plan in a timely manner shall initially result in a written warning, and if not addressed within five business days of the date of said warning then in a fine in accordance with section 1-11 (b).

Sec. 12-90. Plan submission, amendment and review.

The superintendent of inspectional services shall determine whether a store's plan for retrieving its shopping carts is reasonably calculated to result in the prompt removal of the store's shopping carts found on public property .

Based on the above-referenced criteria, the superintendent shall approve, reject or recommend modification of the plan, within 60 days of when the plan is submitted.

If a plan is approved, the proposed measures shall be implemented no later than 30 days after approval.

If a plan is rejected, the superintendent shall provide the store with written notice of the basis for said rejection. The store shall modify the plan and resubmit it to the superintendent no later than 30 days after the date of its rejection.

Following the approval of a plan, a store may file a written request with the superintendent to amend its plan. The proposed amended plan is subject to the same criteria and review process as an original plan.

If a store's original or amended plan is approved by the superintendent and subsequently, the superintendent determines in writing that the store's plan for retrieving its shopping carts is ineffective, the superintendent may place on the city council’s agenda a hearing for the purpose of modifying the store's plan. The city council shall provide the store with at least ten days' written notice of such hearing, along with a copy of the superintendent's recommendation. After consideration of the matter and after permitting the store to be heard, the city council may modify or leave the plan unchanged.

Sec. 12-91. Identification of carts.

All shopping carts shall have a sign affixed to it that clearly identifies the name, address and telephone number of the owner of the cart.

Sec. 12-92. Removal from store property prohibited.

It shall be unlawful for any person to remove a shopping cart from the premises of a store .

Sec. 12-93. Responsibility of owner.

It shall be unlawful for any owner of any cart to permit any cart to be removed from the store premises and left unattended or abandoned on any street or public place with the city . Any owner who shall directly or indirectly permit or suffer his customers to take such carts off the business premises of said owner shall be responsible if such cart is abandoned or left unattended on a public street or public property .

Sec. 12-94. Notification.

If a cart is located on public property and identification of the owner of such cart is affixed thereto, prior to the city removing or impounding any cart the owner shall be notified of the location of the cart and required to retrieve the cart as soon as practicable but in no event later than the end of the current business day . For purposes of this section, notification includes, but is not limited to either of the following:

  1. (a) Telephone communication from a city employee or other agent to the owner or an employee, servant or other agent of the owner.
  2. (b) Written notice sent by regular, first class mail to the business address affixed to the cart, if any, otherwise to the address last known by the city to be the address of the owner.

If a cart is abandoned or left unattended in a location such that it may impede emergency services, obstruct vehicular traffic, or create a hazard to public safety on a public right-a-way, the city may remove or impound or cause the removal and impoundment of the cart immediately.

By the end of the second business day following the day of the shopping cart’s impoundment, the city shall notify the owner of the shopping cart’s impoundment and the location where the cart may be reclaimed. The city shall record that notification was given.

Sec. 12-95. Retrieval of carts.

All stores providing carts for its customers shall immediately retrieve any cart abandoned on public property .

The city shall remove or cause to be removed any cart found abandoned or left unattended on any street or other public property and shall take the same to city property where the cart shall be held for 30 days after notice or until reclaimed.

Sec. 12-96. Reclamation of carts.

Whenever the city shall take any cart containing the owner’s identification, the cart’s owner shall be notified by the city and the cart may be reclaimed upon payment of an administrative fee to the city at anytime prior to the sale, dismantling or destruction thereof.

Sec. 12-97. Disposal of unclaimed carts.

If a cart is not reclaimed within 30 days, the cart may be disposed of as abandoned and unclaimed property in any manner provided by law, and the owner shall reimburse the city for any and all reasonable disposal fees that result.

Failure of an owner to retrieve a shopping cart within the specified 30-day period shall not operate to dismiss any fees owned to the city for removal and storage of such shopping cart. Unpaid fees accrued pursuant to this section shall be considered a debt payable to the city.

Sec. 12-98. Severability.

If any section, phrase, sentence or portion of this article is for any reason held invalid, such section, phrase, sentence or portion of this article shall be deemed separate, distinct and independent provision and shall not affect the validity of the remaining portions this article.

Sec. 12-99. Mandatory implementation and ongoing use of measures to prevent removal of shopping carts.
  1. (a) In addition to complying with sections 12-89 through 12-98 , to the extent applicable, each and every shopping cart owner shall implement and enforce, on an ongoing basis and at all times, measures to contain its shopping carts within the premises of its business establishment and/or to prevent any unauthorized person from removing one or more shopping carts from such premises. Permitted measures include any or all of the following: (1) A wheel locking mechanism installed on all shopping carts and used in conjunction with an electronic barrier along the perimeter of the premises, which is activated when a shopping cart crosses the electronic barrier; (2) Shopping carts equipped with a protruding arm or similar device prohibiting a cart from being removed from the interior of a business establishment; or (3) Any other similar method that prevents the removal of shopping carts from the premises.
  2. (b) Each and every shopping cart owner shall post a sign having a minimum dimension of 12 inches by 18 inches in a conspicuous location at each entrance to the premises notifying shopping cart users of the containment measures put into place pursuant to this section.
  3. (c) Each and every shopping cart owner shall implement shopping cart containment measures and otherwise come into compliance with the requirements of this section within 120 days of final approval of this section.
  4. (d) The provisions of this article may be enforced by the superintendent of inspectional services or the police department by a noncriminal disposition pursuant to G. L. c. 40, § 21D. Each day on which a violation exists shall be deemed a separate offense. Any person, firm, corporation, association or other entity violating any provision of this article shall be punished by a fine in accordance with section 1-11 (b).
ARTICLE VI. TREE PRESERVATION ORDINANCE
Sec. 12-100. Intent and purpose.

The preservation of the tree canopy and the planting of replacement trees is intended to enhance the quality of life and the environment of the city ; to reduce energy consumption; to protect air quality; to provide protection from glare and heat; to baffle noise; to reduce topsoil erosion and stormwater runoff; to preserve and enhance habitat for wildlife; to protect and increase property values; to combat climate change through carbon sequestration; to provide natural privacy for neighbors; to enhance the overall appearance of the city; and to acknowledge the intrinsic value of the mature trees within our community.

Sec. 12-101. Applicability.

The terms and provisions of this article shall apply to trees within the City of Somerville that are located on city owned property, on private property, or in the public right-of-way.

Sec. 12-102. Definitions.

Caliper means a measurement of the tree trunk diameter used when purchasing tree plantings measured at 12 inches above the ground.

City tree means a tree located in a public area under the control of the city, including any land owned, leased, or licensed by the city, such as a public park, community garden, playground, school yard, library lawn, cemetery, plaza, triangle, or square. This does not include any tree that fits the definition of a public shade tree under M. G.L. c. 87 § 1.

Diameter at breast height (DBH) means the diameter of a tree trunk measured in inches at a height of four and a half feet above the ground. For multiple trunk trees, DBH is the aggregate diameter of the trunks.

Invasive plant means a plant that is both non-native and able to establish on many sites, grow quickly, and spread to the point of disrupting plant communities or ecosystems, including but not limited to the trees listed on the Massachusetts Prohibited Plant List.

Outdoor construction activity means o utdoor construction or site work that requires a permit, including any new construction, major renovations, full demolition of a building, excavations, utility or streetscape work within fifty feet of the trunk of a public shade tree, city tree, or tree on private property, or roof or siding work within ten feet of the trunk of a public shade tree, city tree, or tree on private property.

Private tree means a tree located on private property.

Public shade tree means a tree located in the public way, as defined in M.G.L. c. 87, § 1.

Removal means the intentional cutting down of any tree, including all other acts which cause actual or effective removal through damaging, poisoning, or other direct or indirect actions that result in the death of the tree. This includes excessive pruning.

Significant tree means any living tree that is either: (1) not an invasive plant and is eight inches or more in DBH; or (2) is an invasive plant other than Tree of Heaven (Ailanthus altissima) and is twenty-four inches or more in DBH.

Sec. 12-103. Tree warden.

The tree warden shall be an employee of the city , appointed by the mayor and subject to confirmation by the City Council , for a term of three years. The tree warden may delegate, subject to their control and direction, any of the powers and duties conferred upon them as tree warden to any other officer or employee of the city.

  1. (1) The tree warden shall be qualified for the role as defined in M.G.L. c. 41 § 106, and also according to the standards established and published by the Massachusetts Tree Wardens and Foresters Association.
  2. (2) The duties and responsibilities of the tree warden shall conform to M.G.L. c. 87 and shall include the following: (A) Management of all trees within public rights-of-way and on city property. (B) Granting or denying and attaching reasonable conditions to all permits required under this article. (C) Posting notices and holding public hearings for the removal of public shade trees and city trees as required by this article. (D) Enforcement of this article. (E) Adoption and amendment of rules, regulations, and standards consistent with this article for the purpose of carrying out and enforcing its provisions.
Sec. 12-104. Senior urban forestry and landscape planner.

The senior urban forestry and landscape planner shall be an employee of the city , appointed by the mayor . The senior urban forestry and landscape planner may delegate, subject to their control and direction, any of the powers and duties conferred upon them as senior urban forestry and landscape planner to any other officer or employee of the city.

  1. (1) The senior urban forestry and landscape planner shall be a Certified Arborist by the Massachusetts Arborist’s Association, International Society of Arboriculture, or a successor of either organization.
  2. (2) The duties and responsibilities of the senior urban forestry and landscape planner shall include the following: (A) Seeking grants or other assistance concerning the preservation and maintenance of the city’s tree canopy. (B) Developing and publishing policies, regulations, tree inventory, manuals, and other data and documents necessary to carry out the purpose and intent of this article. (C) Supervising the planting and care of city trees to ensure they conform to relevant rules, regulations, and standards. (D) Assisting the tree warden to facilitate the fulfillment of their responsibilities.
Sec. 12-105. Urban forestry committee.
  1. (a) Purpose: The Urban Forestry Committee ("the committee") shall be charged with advising with respect to the management and maintenance of all existing and new trees and shrubs on all public grounds and public ways of the city .
  2. (b) Duties: The committee: (1) Shall review planting policies for trees and shrubs on public grounds and public ways of the city, appraise the appropriateness of plantings, their placement, and the type of maintenance necessary. The committee shall also review planting proposals which it deems significant for trees and shrubs on public grounds and public ways of the city. (2) May comment during a city permitting review process. (3) May elect to review issues related to the health, effective maintenance, and protection of existing trees and shrubs on public grounds and public ways of the city, recommend solutions to problems identified with plantings, update the tree inventory with detailed information, and support public education and outreach by: (A) Promoting knowledge and awareness of the benefits of trees in the city. (B) Developing and maintaining a website; (C) Developing and maintaining a noteworthy tree program; (D) Developing educational materials regarding best management practices for tree care; (E) Supporting city staff in establishing a volunteer adopt-a-tree program; (F) Supporting city staff during Arbor Day celebrations; and (G) Considering and recommending incentives for tree planting and maintenance. (4) Shall, upon request of an applicant, consider and make recommendations to the tree warden on waivers for required replantings or payments associated with the issuance of a tree permit. (5) May keep records of trees planted and removed within the city and may issue regular reports on the overall status of the city’s urban canopy.
  3. (c) Membership: This committee shall consist of the following members: (1) The tree warden and senior urban forestry and landscape planner shall serve by virtue of their office and may designate another employee or officer of the city to serve temporarily in the event that they are unable to attend a meeting of the committee; (2) Seven members of the public, with at least one member demonstrating expertise in the field of urban forestry, and at least one member demonstrating expertise in the field of landscape design, each serving a term of three years, appointed by the mayor , and subject to confirmation by the City Council ; and, (3) Two members of the public between the ages of fourteen and eighteen at the time of their appointment or reappointment, each serving a term aligned with the city's academic calendar (September through August), appointed by the mayor and subject to confirmation by the City Council.
Sec. 12-105.1. Protection of public shade trees and city trees.
  1. (a) Public shade trees are protected under M.G.L. c. 87.
  2. (b) A public shade tree or city tree may not be removed, pruned, or otherwise damaged —above or below ground—without written consent from the tree warden. For the purpose of this article , “damage” shall include unauthorized pruning, improper pruning, breaking or tearing of branches, wounding of the bark, excessive compaction of soil within a tree’s critical root zone, breaking or tearing of roots, or unauthorized root pruning.
  3. (c) Outdoor construction activity requiring a permit, on public or private property, shall require industry standard tree protection measures as directed by the tree warden or their designee, in accordance with the rules and regulations adopted by the tree warden . (1) In the course of outdoor construction activity, a contractor shall prevent unauthorized, unnecessary, or improper wounding of public shade trees or city trees. (2) Prior to the commencement of outdoor construction activity a contractor shall create a tree protection plan, subject to review, approval, and amendment by the tree warden or their designee. (3) Approved tree protection measures shall be installed prior to commencement of outdoor construction activity, shall remain in place throughout, and shall be removed upon completion of outdoor construction activity. (4) Tree protection measures deemed insufficient by the tree warden shall be modified as directed.
Sec. 12-105.2. Pruning of public shade trees and city trees.
  1. (a) Permit required: A person may not prune a public shade tree or city tree without a pruning permit from the tree warden.
  2. (b) Application for a pruning permit: (1) An application must be made in writing on a form specified by the tree warden. (2) The tree warden or their designee shall review an application for a pruning permit and respond no later than thirty business days after submission of a completed application. (3) An application shall include the location, species, and DBH of the tree, an indication of the branches proposed for pruning or removal and their diameter at the point of pruning, and the rough percentage of the live crown area to be removed. (4) There shall be no fee or charge to submit an application for a pruning permit.
  3. (c) Pruning of a public shade tree or city tree must be carried out by an arborist with a current Massachusetts Arborist Association or International Society of Arboriculture credential and conform to specifications approved by the tree warden.
Sec. 12-106. Criteria for removal of public shade trees.

A public hearing may not be initiated under M.G.L. c. 87, § 3 to remove a healthy public shade tree unless the tree warden finds in writing that there is a public health, safety, or welfare basis for removing the public shade tree, including but not limited to hardship to a property owner , economic development, facilitating the development of affordable housing, pedestrian access enhancement, transportation improvement, or public project development. Nothing in this section shall be construed to prevent the cutting, trimming, or removal of trees in accordance with M.G.L. c. 87, § 5.

Sec. 12-107. Notice requirements for removal of public shade trees.

In addition to notice under M.G.L. c. 87 § 3 for removal of a public shade tree , notice shall be given by the city by electronic notification when feasible and first-class mail to all property owners located within one hundred fifty feet of the trunk of the public shade tree proposed to be removed at least fourteen days before the public hearing. To the extent feasible, the city shall notify all residents within one hundred fifty feet of the trunk of the public shade tree proposed to be removed by flyering at least fourteen days before the public hearing. Notice shall also be given by placing notice on the city website and cable wheel at least fourteen days before the public hearing. In the event that a public hearing is initiated under M.G.L. c. 87 § 3 at the request of anyone other than the city, the requesting party shall pay for all costs of mailing and advertising, such costs to be determined by the city clerk. The city clerk may waive the costs if the requesting party demonstrates to the city clerk that payment of the fee would cause financial hardship. Guidelines for determining financial hardship shall be established by the city clerk. Applications for financial hardship shall be provided by the city clerk.

Sec. 12-108. Tree replacement for public shade trees.

A healthy public shade tree removed at the request of a property owner or their agent shall be replaced no later than one year after the date of removal . Replacement trees shall be located at or near the location from which the tree was removed, and trees planted in a different neighborhood may not qualify as replacements. Replacement trees must conform to the standards for size, species, and planting established by the senior urban forestry and landscape planner.

Sec. 12-109. Street tree stabilization fund.
  1. (a) Establishment: There shall be a street tree stabilization fund ("the fund") which shall be held in a separate identifiable account, and administered in accordance with applicable provisions of General Laws . Any payments required by this article shall be deposited in the fund and shall be used in accordance with subsection (c) below.
  2. (b) Payment for planting replacement public shade trees : Where a healthy public shade tree is removed at the request of a property owner or their agent, solely for reasons of private financial gain or personal preference, the requesting party shall make a contribution to the fund in an amount sufficient to pay for replacement trees as described in § 12-108 . The amount shall be calculated using the schedule of costs established by the senior urban forestry and landscape planner.
  3. (c) Maintenance of the fund: The fund shall be maintained in a separate account in accordance with state law. All sums deposited into the fund shall be used solely for the purpose of buying, planting and maintaining trees in the city . The senior urban forestry and landscape planner shall expend these funds for tree planting, transplanting, care, and other tree-related needs.
Sec. 12-110. Compliance with state law.

A public shade tree hearing shall comply with the applicable requirements set forth in M.G.L. c. 87 § 3.

Sec. 12-111. Criteria for removal of city trees.
  1. (a) Purpose: The purpose of this section is to extend the public notice and public hearing requirements of the Massachusetts Public Shade Tree Law M.G.L. c. 87 to city trees .
  2. (b) Applicability: This section shall apply exclusively to city trees as defined in § 12-102 . Nothing in this section shall be construed to apply to public shade trees within the city, whose care, maintenance, trimming, planting, and removal are governed by the Public Shade Tree Law, M.G.L. c. 87, and the City of Somerville Code of Ordinances. The public notice and meeting requirements for public shade trees shall remain in full force and effect and are entirely unaffected by the language of this section.
  3. (c) Cutting down or removal of trees: A person , including a city employee, the tree warden, or a deputy tree warden, may not cut down or remove a city tree without the tree warden first holding a public hearing. (1) The tree warden, or their designee, shall post notice of the time and place of the public hearing in two or more public places in the city and upon the tree in question at least seven days prior to the public hearing. The notice shall identify the size, type, and location of the tree to be cut down or removed, and include a brief statement of the reason for the proposed action. Notice of a public hearing shall be sent to each city councilor, the members of the Urban Forestry Committee, and published on the city website. (2) A brightly colored paper shall be placed upon a city tree stating the anticipated date on which cutting down or removal is expected to occur at least forty-eight hours prior to the cutting down or removal. (3) Notwithstanding the provisions of this section, the tree warden or their designee may cut down or remove a tree which, in their opinion, is dead or dying or constitutes a threat to public health or safety.
  4. (d) Exceptions: The tree warden, or their designee, may, without a public hearing, cut down or remove a city tree measuring less than one and one-half inches in diameter one foot from the ground.
  5. (e) The following types of public projects, which have undergone a public process that includes public notification and public meetings, shall be exempt from the requirements of subsection (c) above: (1) Park projects involving the development, renovation, or maintenance of parks and open spaces that are ow n ed, leased, or licensed by the city, su ch as parks, community gardens, playgrounds, school yards, library lawns, cemeteries, public plazas, triangles, and squares; and, (2) Capital improvement projects , which are major, non-recurring expenditure s that generally meet all of the following criteria: (A) M.G.L. c. 44 §§ 7 & 8 permit the city to issue bonds to finance the expenditure; (B) the expenditure is a facility, object, or asset costing more than fifty thousand dollars; and, (C) the expenditure will have a useful life of at least ten years for infrastructure, buildings, and parks. (3) This exemption may only apply to a public project if the public process meets the following criteria: (A) All public meetings at which cutting down or removal of trees is discussed were duly noticed and advertised including notice sent to all members of the Urban Forestry Committee. (B) The public was provided reasonable opportunity to provide input regarding trees to be cut down or removed. (C) Reasonable notice was posted on or around any trees to be cut down or removed at least two weeks prior to cutting down or removal taking place.
Sec. 12-111.1. Protection of private significant trees during construction.
  1. (a) Duty of care: Upon issuance of a permit by the Inspectional Services Department, Engineering Department, Department of Public Works, Water and Sewer Department, or Parking Department, the permit holder shall take reasonable precautions to protect significant trees and maintain them free from harm from the work associated with the issued permit.
  2. (b) Outdoor construction activity requiring a permit shall require industry standard tree protection measures for any significant tree on the associated lot, as directed by the tree warden or their designee, in accordance with the rules and regulations adopted by the tree warden. (1) In the course of an outdoor construction activity, a contractor shall prevent unauthorized, unnecessary, or improper damage to a significant tree. (2) Prior to the commencement of an outdoor construction activity, a contractor shall create a tree protection plan, subject to review, approval, and amendment by the tree warden or their designee. (3) Approved tree protection measures shall be installed prior to commencement of an outdoor construction activity, shall remain in place throughout, and shall be removed upon completion of an outdoor construction activity. (4) Tree protection measures deemed insufficient by the tree warden shall be modified as directed.
Sec. 12-112. Removal of private trees.
  1. (a) Permit required: A person may not remove a significant tree from private property without a tree permit from the tree warden.
  2. (b) Application for a tree permit: (1) A property owner or their agent may apply for a tree permit on a form specified by the tree warden. (2) The tree warden, or their designee, shall review applications for tree permits in accordance with the provisions of this article. The tree warden, or their designee, shall date stamp or otherwise record the date of filing of an application for a tree permit and shall complete the review of an application no later than thirty business days after the submission of a completed application. If review of an application is not completed within thirty business days and the applicant did not request a waiver of fees or replanting, the permit shall be considered issued. (3) An application shall include a plan showing the location, species, and DBH of each tree on the property, and must indicate clearly which trees are to be removed. (4) If replacement trees are to be planted, the plan shall indicate the planned location, species, and size of the replacement trees. To qualify as replacements, trees shall be planted on the same or adjacent lot, and must conform to standards for size, species, and planting established by the senior urban forestry and landscape planner. Trees may not qualify as replacement trees if planted in the adjacent right-of-way or otherwise located on public property. (5) There shall be no fee or charge to submit an application for a tree permit.
  3. (c) Conditions for granting a tree permit: (1) Removal of significant trees: If a significant tree is to be removed, the plan must show planting of replacement trees with a total caliper equal to or greater than the DBH of the significant tree. (2) Payment instead of replacement: Payment to the street tree stabilization fund may be made in lieu of planting some or all of the replacement trees, according to a cost schedule established by the senior urban forestry and landscape planner. Fees shall be based on the actual costs associated with purchasing, planting, and maintaining the city’s public shade trees . Payment shall be made prior to the issuance of a permit. (3) Request for waiver: An applicant for a tree permit may request a waiver of the requirement for replanting or payment. (4) Hearing of request for waiver: The tree warden, or their designee, shall hear requests for waiver of the requirement for replanting or payment no later than sixty days after the date the application was received. The hearing may take place at a public meeting of the Urban Forestry Committee. The applicant shall have the opportunity to speak and to answer questions. The committee may, at the request of the applicant, make a recommendation to approve or deny the waiver. Examples of reasons supporting a waiver include: (A) financial hardship associated with the care and upkeep of the trees; (B) unreasonably high requirements for replacement or repayment; (C) ongoing or reasonably foreseen damage or risk from the trees; or, (D) desire to create a benefit to the public.

The tree warden shall consider the recommendation of the committee in deciding whether to grant the waiver. If the waiver is approved, a tree permit shall be issued no later than ten business days after the close of the hearing.

  1. (5) Owner-occupants: The owner-occupant of a lot containing a one, two, or three family dwelling, who resides at that same property as demonstrated by issuance of, or good faith application for, a valid residential exemption shall, at their request, be granted a reduction in the amount of ninety percent of the requirements for replanting or payment with no need for a hearing. (6) Departure of owner-occupant: Ifa reduction of the requirements for replanting or payment is granted and an owner ceases to reside at the address during the eighteen months following the issuance of a tree permit the reduction shall be revoked. The owner shall submit a replanting plan or make full payment of the fees that were waived no later than thirty days after ceasing to reside at the address. If the property has been sold, the new owner shall be subject to the requirements for replanting or payment unless eligible for an owner-occupant waiver under paragraph (5).
  2. (d) Standards for replacement trees: (1) Replacement trees must be planted no later than eighteen months after the date a tree permit is issued, or prior to transfer of property ownership, whichever comes first. (2) Replacement trees shall be of the same or similar species and size as described in the application for the tree permit, and shall be planted according to standards for size, species, and planting established by the senior urban forestry and landscape planner. (3) If trees of the size and species described in an application for a tree permit cannot be obtained at the time of planting, multiple smaller replacement trees may be planted with the authorization of the tree warden. (4) If a replacement tree dies within eighteen months after the date of planting, it shall be replaced. The person planting the tree shall provide documentation of the date of the planting to the tree warden no later than fifteen days after the planting of a replacement tree.
  3. (e) Exceptions to the tree permit requirement: (1) Emergencies: If a tree is determined to be in a hazardous condition so as to immediately endanger the public health, safety, or welfare, or cause an immediate disruption of public services and require immediate removal without delay, the tree warden may give verbal authorization to remove the tree without obtaining a written permit as otherwise required by this section. The tree warden shall record a verbal authorization in writing e, and shall present the written notes at the next meeting of the Urban Forestry Committee. (2) Waiver: The tree warden may waive the requirements of this section during the period of an emergency such as a hurricane, tornado, windstorm, flood, or similar threat to life and property.
  4. (f) Safety of life and property: Notwithstanding the provisions of this section, a property owner may remove a significant tree, with written authorization from the tree warden, that is an immediate and pressing health or safety hazard or that is dead or dying. The tree warden may authorize immediate removal in writing, with written record to the Urban Forestry Committee as soon as practicable.
Sec. 12-113. Enforcement.
  1. (a) The provisions of this article may be enforced by the tree warden or a deputy tree warden by a noncriminal disposition pursuant to M.G.L. c. 40 § 21D. Each violation shall be deemed a separate offense and, in a case of a continuing violation, each day that a violation continues shall constitute a separate offense. Violation of any provision of this article shall be punished in accordance with § 1-11 . The city may institute other remedies to abate violations of this article, as permitted by law, in addition to the imposition of the penalties prescribed by § 1-11. (1) Failure to make payment of a fine may result in the revocation, suspension, or denial of any local license or permit, including renewals and transfers, pursuant to § 8-3, or a municipal charges lien being placed on the violator's property located within the city pursuant to the authority and provisions of Chapter 252 of the Acts of 1996.
  2. (b) The following shall constitute a violation of this article: (1) unauthorized pruning or removal of a public shade tree or city tree (2) failure to comply with a condition contained in a tree or pruning permit; (3) failure to implement, install, or comply with tree protection measures or follow a tree protection plan as directed by the tree warden; (4) failure to protect a public shade tree, city tree, or private significant tree from harm from outdoor construction activity which results in a public shade tree, city tree, or private significant tree being damaged or removed; (5) failure to replace a private significant tree; (6) failure to make a payment into t he street tree stabilization fund ; or, (7) failure to comply with a stop work order .
  3. (c) If a private significant tree is removed without a permit for removal, each business day after removal shall constitute a separate violation until a complete permit application is filed. Upon the first violation of this section, an offender shall have thirty days from the date of the violation to submit a complete application for a tree permit before fines begin to accrue.
  4. (d) When a private significant tree is removed without a tree permit and the tree cannot be measured at the standard four and one-half feet above the ground, other evidence may be used to determine whether it was a significant tree and to estimate the diameter. Evidence may include the diameter of the remaining stump, photographs, videos, orthoimagery, schematic drawings, or witness testimony. It shall be a rebuttable presumption that every private significant tree verified to have been removed for which neither the tree nor the stump remain shall be considered to be twenty-four inches in diameter.
  5. (e) Stop work order: Upon notice from the tree warden or their designee that a person is removing or pruning a tree without a tree permit, that person shall immediately stop removal or pruning work. A stop work order shall be in writing and shall be mailed to the owner of record of the property and posted at the front of the property in a conspicuous location, and, if possible, hand delivered to the owner of the property, to the owner’s agent, or to the person doing the work. A stop work order shall state the conditions under which work may resume.
  6. (f) Suspension or revocation: The tree warden may suspend or revoke a tree permit upon written notice to the permit holder that the permit holder failed to comply with this article or the conditions of the permit. Written notice shall be sent by certified or registered mail, return receipt requested, or hand delivered. The tree warden shall provide an opportunity for the permit holder to correct noncompliance and apply for a renewal of the tree permit or exemption permit upon compliance, where practicable.
  7. (g) Injunctive relief: Whenever there exists reasonable cause to believe that a person is violating any applicable provision of this article, the city may institute a civil action for a mandatory or prohibiting injunction in a court of competent jurisdiction ordering the defendant to correct the unlawful condition or to cease the unlawful use of the property.
Secs. 12-114, 12-115. Reserved.
ARTICLE VII. SAFE STREETS ORDINANCE
Sec. 12-116. Purpose.

The primary aim of the Safe Streets Ordinance is to eliminate fatalities and injuries on city streets in accordance with the City’s Vision Zero goals, and to enhance access, convenience, and comfort for all users of all ages and abilities, providing for equity in use between pedestrians (including people who make use of mobility aids), bicyclists, transit users, and motorists. The method for accomplishing this aim is the design, operation, improvement, and maintenance of the transportation network to create a connected network of facilities accommodating each mode of travel, consistent with and supportive of the local community. The ordinance recognizes that all streets are different and that the needs of various users will need to be balanced in a flexible manner to achieve complete streets.

Sec. 12-116.1. Definitions.

Bicycle lane miles means the combined distance of separated bicycle facilities . A two-way facility or one-way facilities in both directions on a one-mile street segment shall count for two bicycle lane miles. A one-way facility on a one-mile one-way street segment shall count for one bicycle lane mile. If a gap in a separated bicycle facility of any distance occurs for any reason other than those specified in the definition of the particular separated bicycle facility, the distance of the gap shall not be counted toward bicycle lane miles.

Connectivity means the provision of a permanent separated bicycle lane system that reflects desired routes between all major origins and destinations in the City .

Improvements means the construction of a new public street or the reconstruction of an existing public street, including but not limited to full-depth reconstruction, widening or narrowing of roadway , or realignment of street or intersection . Improvements shall not include routine maintenance, including but not limited to activities to repair damaged pavement, provide access to persons with disabilities, or to protect or improve other municipal assets (e.g. trees and utilities), provided that existing bicycle lanes shall be restored to existing conditions or better.

Permanent separated bicycle lane means a bicycle lane separated from motor vehicle traffic by a permanent vertical barrier that shall remain in place year-round, including but not limited to granite barriers, concrete barriers, or raised curbs, provided, however, that the bicycle lane need not be separated from motor vehicle traffic by a permanent vertical barrier for short stretches to accommodate crosswalks , curb cuts, drainage, accessible parking and loading, intersections , and public transportation . Existing bicycle lanes may be temporarily removed during city-conducted or city-permitted construction or maintenance, so long as they are restored to existing conditions or better. Further refinement of the definition and requirements of permanent separated bicycle lanes shall be provided by design guides created by the City of Somerville and incorporated into this definition, including any updates and name changes.

Public transportation means bus and shuttle stops as defined by Massachusetts General Law, including those requiring municipal licenses as defined by MGL Ch. 159A § 1.

Priority Network means the subset of bicycle facilities targeted for priority installation in the Somerville Bicycle Network Plan (April 2023). It shall include any updates to the priority network, regardless of potential name changes.

Quick-build separated bicycle lane means a bicycle lane separated from motor vehicle traffic by flexible delineator posts, on-street parking , or a similar separator, that shall remain in place year-round, provided, however, that the bicycle lane need not be separated from motor vehicle traffic for short stretches to accommodate crosswalks , curb cuts, accessible parking and accessible loading, intersections , and public transportation , and provided further, that existing bicycle lanes may be temporarily removed during city-conducted or city-permitted construction or maintenance, so long as they are restored to existing conditions or better.

Separated bicycle facilities means either a permanent separated bicycle lane or a quick-build separated bicycle lane .

Separated network means the proposed set of bicycle facilities identified in the Somerville Bicycle Network Plan , or any plan superseding it, provided, however, that any such plan shall maintain connectivity .

Somerville Bicycle Network Plan means the plan dated April 2023 and approved by the city council on October 05, 2023 to create a framework for developing a network of complete streets . It shall include any update to the existing plan, regardless of potential name changes.

Vision Zero Action Plan means the plan published the City of Somerville in April 2020 with a strategy to eliminate deaths and serious injuries from the transportation system and specific actions to be taken to achieve that goal. It shall include any update to the existing plan, regardless of potential name changes.

Sec. 12-116.2. Designing complete streets.
  1. (a) The City of Somerville will incorporate complete street elements into public transportation projects in order to provide appropriate accommodation for bicyclists, pedestrians , transit users and persons of all abilities, while promoting safe operation for all users, in comprehensive and connected networks in a manner consistent with, and supportive of, the surrounding community.
  2. (b) As feasible, City of Somerville shall incorporate complete streets infrastructure into existing streets to enhance the safety and convenience of users, construct and enhance the transportation network for each category of users, and foster economic development and new employment.
  3. (c) The City of Somerville recognizes that complete streets may be achieved through single elements incorporated into a particular project or incrementally through a series of smaller modifications or maintenance activities over time.
  4. (d) The City of Somerville shall approach every transportation project and program as an opportunity to make streets and the transportation network better for all users.
  5. (e) The City of Somerville shall conduct regular education campaigns to inform all roadway users about city and state traffic regulations and provide tips for traveling safely. This work shall be done by the office of strategic planning and community development, with approval from communications, parking , and department of public works, and in cooperation with other departments, agencies, jurisdictions and associations.
  6. (f) The City of Somerville shall follow the most current version of the National Association of City Transportation Officials Street Design Guide.
  7. (g) Bicycle, pedestrian, and transit facilities shall be incorporated, consistent with this ordinance, in all improvements .
  8. (h) All initial planning and design studies, health impact assessments, environmental reviews, and other project reviews for projects requiring funding or approval by City of Somerville shall (1) evaluate the effect of the proposed project on safe travel by all users, and (2) identify measures to mitigate any adverse impacts on such travel that are identified.
  9. (i) In design guidelines , City of Somerville shall coordinate templates with street classifications and revise them to include complete streets infrastructure, such as bicycle lanes and cycle tracks, sidewalks , street crossings, curb geometries, and planting strips. The design of new or reconstructed facilities should anticipate and support likely future demand for bicycling, walking and transit facilities.
  10. (j) Nothing in this article is intended to impose any additional civil liability upon the City of Somerville other than that which is imposed by existing law.
Sec. 12-116.3. Bicycle lane installation.
  1. (a) Whenever improvements are made to a public street , the City of Somerville shall cause such improvements to comply with the Somerville Bicycle Network Plan ; provided, that if improvements are made to a segment of a public street designated for a protected bike lane in the Somerville Bicycle Network Plan, a permanent separated bicycle lane shall be installed along that segment. The directionality of such permanent separated bicycle lane shall be as specified in the Somerville Bicycle Network plan or greater.
  2. (b) Full compliance with the provisions of (a) is not required where the City of Somerville can demonstrate through a written alternatives analysis, to be made public, why it is impractical to comply with the provisions of (a) above, and where there will be a loss of connectivity if the provisions of (a) are not complied with, how connectivity could be otherwise advanced, if possible. Full compliance with the provisions of (a) will be considered impracticable only in those rare circumstances where the City of Somerville determines that the characteristics of the physical features or usage of a street, or financial constraints of full compliance prevent the incorporation of a permanent separated bicycle lane with directionality as specified in the Somerville Bicycle Network plan or greater .
  3. (c) By no later than December 31, 2030, the City of Somerville shall complete the installation of all bicycle lane miles designated for protected bike lanes in the priority network of the Somerville Bicycle Network Plan (April 2023), provided, however, that such bicycle lane miles shall be separated bicycle facilities , and provided further, that no less than 29 miles of separated bicycle facilities shall be installed by December 31, 2030.
  4. (d) If any separated bicycle facilities are proposed to be permanent separated bicycle lanes, the requirements of (c) shall be satisfied so long as the construction of such separated bicycle facilities has commenced prior to the deadline established by (c). In addition, the City of Somerville shall have the discretion to extend the deadline set out in (c) by no more than one year if the City of Somerville deems it infeasible to meet the deadline, provided, however, that the City of Somerville shall submit to the city council a report detailing why such extension is necessary by no later than March 1, 2029.
Sec. 12-116.4. Accessible parking.

If the installation of any separated bicycle facility includes a reduction in the number of available on-street parking spaces, the city shall not reduce the number of accessible spaces reserved for persons with disabilities by making them available for general use. Wherever possible, and where it will not unreasonably limit available parking for other vehicles or reduce the safety of road users , the number of accessible parking spaces shall be increased.

Sec. 12-116.5. Pedestrian and transit improvements
  1. (a) The City of Somerville shall be obligated to meet the quantifiable goals for pedestrian and transit infrastructure detailed in the Vision Zero Action Plan and the Somerville ADA Title II Transition Plan, including any subsequent updates to these plans.
  2. (b) Full compliance with the provisions of (a) is not required where the City of Somerville can demonstrate through a written alternatives analysis, to be made public, why it is impractical to comply with the provisions of (a) above and how pedestrian and transit infrastructure could be otherwise advanced, if possible. Full compliance with the provisions of (a) will be considered impracticable only in those rare circumstances where the City of Somerville determines that the characteristics of the physical features or usage of a street , or financial constraints prevent full compliance.
Sec. 12-116.6. Reporting
  1. (a) By no later than March 1, 2025, the City of Somerville shall submit a report to the city council detailing progress towards meeting the requirements set forth in this ordinance. Thereafter, a report. shall be given to the city council no later than 12 months from the date of the preceding report. Such report shall include the following: (1) Details on separated bicycle facilities installed in the previous year’s construction season and separated bicycle facilities planned for installation during the current year’s construction season. (2) A plan to install no less than 3 bicycle lane miles in the current year’s construction season and a multi-year plan for installing all bicycle lane miles of separated bicycle facilities designated for protected bike lanes in the priority network of the Somerville Bicycle Network Plan . (3) A forecasted expenditure for installing such bicycle lane miles. (4) An update regarding the City’s progress on the quantifiable goals for pedestrian and transit infrastructure detailed in the Vision Zero Action Plan and the Somerville ADA Title II Transition Plan.
  2. (b) Installation of separated bicycle facilities, including the total of bicycle lane miles installed under the Somerville Bicycle Network Plan, shall be shown on a publicly accessible website. Such website shall also track exactly where those bicycle lane miles were installed, and the distance of each contiguous segment of bicycle lane miles installed. Such website shall be established by no later than March 1, 2025, and updated at least twice yearly thereafter. All other reports and updates required by this ordinance shall also be uploaded to such a website.
ARTICLE VIII. ORDINANCE TO SAFEGUARD VULNERABLE ROAD USERS
Sec. 12-117. Purpose.

Vehicles covered by this article shall be so constructed and/or equipped as to offer effective protection to vulnerable road users against the risk of falling under the sides of the vehicle and being caught under the wheels, and against the risk of being struck due to limited visibility from the operator’s viewpoint and the lack of side-visible turn signals.

Sec. 12-118. Definitions.

The words defined in this section shall have the meanings set forth below whenever they appear in this article unless the context in which they are used clearly requires a different meaning, or a different definition is prescribed for a particular paragraph or provision.

Approval of a vehicle means the approval of a complete vehicle type with regard to its lateral protection.

City means the City of Somerville.

Conventional cab means a large vehicle configuration in which at least more than half of the engine length is forward of the foremost point of the windshield base and the steering wheel hub is in the forward quarter of the vehicle length.

Convex mirrors mean door-mounted, wide-angle mirrors that enable the operator to see objects along the left and right sides of the truck in accordance with subsection 12-121 (b).

Cross-over mirrors and cross-view mirrors are equivalent terms that mean either fender- or hood-mounted mirrors that enable the operator to see objects in the area immediately in front of a conventional cab hood in accordance with subsection 12-121 (c) and optionally also on the left and right sides of the truck cab.

Department(s) shall mean those City of Somerville departments, authorities, agencies, commissions and any other instrumentality acting on behalf of another (“awarding authorities”) under the supervision of the mayor or persons appointed by him/her.

Contract means the written agreement between a vendor and a department to do any work or to make any purchase.

Gross vehicle weight rating (GVWR) means the gross vehicle weight rating established by a manufacturer when applied to a motor vehicle, trailer, semi-trailer or semi-trailer unit, including the gross combination weight rating, if any, when applied to a semi-trailer unit or to a tractor-trailer combination, pursuant to MGL Chapter 90, Section 1.

Large vehicle means any Class 3 or above motor vehicle, trailer, semi-trailer or semi-trailer unit, with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds, except an ambulance, fire apparatus, low-speed vehicle with maximum speed under 15 miles per hour, or agricultural tractor.

Lateral protective device, side underride guard, and side guard are equivalent terms that mean an apparatus installed on large vehicles between the front and rear wheels to help prevent injuries to vulnerable road users, particularly from falling underneath the vehicle.

Mayor means the mayor or persons designated by him/her.

Otherwise qualified means any vendor that meets all other criteria for the award of a contract.

Vulnerable road users mean pedestrians, bicyclists, wheelchair users, moped riders, motorcyclists, maintenance, utility, police, and emergency first-responder workers, or other persons using the road in such a way that they are liable to fall under the sides of the vehicle or to be caught under the wheels.

Vendor means any firm, vendor, contractor, or supplier of goods and/or services to the City of Somerville, and any of its agents or subcontractors.

Sec. 12-119. Requirements.

When any officer or board in charge of a department or other awarding agency of the city issues requests for proposals or other invitations for bids to do any work or make any purchase, such request for proposal or other invitation for bids must require any response to contain a representation acknowledging that a prospective vendor has installed (or will install prior to commencing work for the contract ) side guards , cross-over mirrors or equivalent blind spot countermeasures, convex mirrors or equivalent blind spot countermeasures, side-visible turn signals, and appropriate warning signage, in accordance with this article, on all large vehicles it uses or will use within the City of Somerville in connection with the contract.

Sec. 12-120. Policy implementation.

Every large vehicle used by a vendor in connection with a contract must be equipped with convex mirrors or equivalent blind spot countermeasures, side-visible turn signals, decals, and side guards affixed to the sides of such vehicles in a manner consistent with this section and with rules and regulations further promulgated by the office of strategic planning and community development. Every large vehicle with a conventional cab configuration used by a vendor in connection with a contract shall furthermore be equipped with cross-over mirrors or equivalent blind spot countermeasures. As future technical innovations to improve safety for vulnerable road users become available, the city will make efforts to test and update these requirements.

Sec. 12-121. Technical specifications.
  1. (a) Lateral protective devices . Large vehicles must be constructed or equipped in such a way as to offer, throughout their length, effective protection to vulnerable road users against the risk of falling under the side of the vehicle and being caught under the wheels. This requirement will be considered satisfied either: (1) If the vehicle is equipped with side guards in accordance with the current requirements, as may be amended, of the US Department of Transportation Volpe Side Guard Standard (the “Volpe Side Guard Standard”); or (2) If the vehicle is so designed and/or equipped at the side that, by virtue of its shape and characteristics, its component parts can be incorporated and/or regarded as replacing the side guards in accordance with the current Volpe Side Guard Standard, as may be amended. Components whose combined function satisfies the above requirements are considered to form a lateral protective device.
  2. (b) Convex mirrors . Either through convex mirrors or equivalent blind spot countermeasures, large vehicles must be equipped so as to enable the operator of the large vehicle to see all points on an imaginary horizontal line which: (1) Is three feet above the road; and (2) Is one foot directly forward from the midpoint upon the longitudinal axis of the front of such large vehicle; and extends the full width of such large vehicle.
  3. (c) Cross-over mirrors . Either through cross-over mirrors or equivalent blind spot countermeasures, large vehicles must be equipped so as to enable the operator of any large vehicle with a conventional cab to see: (1) Any person or object three feet tall passing one foot in front of the vehicle; and (2) The area from the front bumper to where direct vision is possible.
  4. (d) Side-visible turn signals. Large vehicles must be equipped with at least one turn signal lamp on each of the left and right vehicle sides that is visible from any point to the left and right of such large vehicle along the vehicle’s full length.
  5. (e) Safety decals. Large vehicles must be equipped with a minimum of three reflective safety decals on the rear and sides that warn pedestrians and cyclists of blind spots: (1) Decals should be “safety yellow” in color; (2) Decals should include language or images warning of the blind spot locations on the vehicle. The signage should warn of the hazard and advise other road users to take appropriate action, for example “Blind Spot – Take Care”; and (3) Decals should be placed, when possible, on or near the side guards.
Sec. 12-122. Compliance and enforcement.
  1. (a) Non-compliance with the provisions of this article by a vendor shall be enforced in accordance with Somerville Code of Ordinances section 1-11 (b). Furthermore, non-compliance with the provisions of this article by a vendor shall be grounds for termination of the contract .
  2. (b) This article shall be enforced by the fleet division in the department of public works and the Somerville Police Department. The Somerville Police Department and the fleet division shall determine non-compliance with the provisions of this article and any applicable regulations and may make recommendations, if any, to the contracting department.
  3. (c) The fleet division shall issue, for a vendor's large vehicles , a compliance certification through a vehicle inspection of convex mirrors , cross-over mirrors , lateral protective devices , side-visible turn signals, and decals prior to the date vendor begins work on a contract. A fee to cover the costs associated with inspection will be determined by the fleet division and passed on to the vendor.
  4. (d) Vehicle compliance will be certified with a sticker denoting the year of inspection. Inspections must be updated biennially. Non-compliant vehicles must be re-inspected prior to being used by a vendor in connection with a contract.
  5. (e) The fleet division shall issue an annual report to be filed with the mayor and the city clerk and transmitted by the clerk to the city council on the actions undertaken by the fleet division on enforcement of this article no later than May 31 of each year. The annual written report shall include, but not be limited to, the following items for the 12-month period prior to the report's due date: (1) The number of vehicles this article applied to; (2) The total number of inspections performed by inspectors and any subsequent violations of this article; (3) The number of waivers and exemptions requested, the number granted, and the justification for each waiver or exemption requested or approved; (4) Evaluation of safety performance on equipped vehicles from Somerville Police Department reports of incidents; and (5) Any financial costs to the city associated with this article.
Sec. 12-123. Severability.

The provisions of this article are severable and if any provision, or portion thereof, should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining provisions, which shall remain in full force and effect.

Sec. 12-124. Waiver/exemptions.

If a vendor determines that extenuating circumstances exist which prevent the vendor from complying with this article, then such vendor may request an exemption from compliance with its provisions. Waivers are issued at the sole discretion of both the fleet division and purchasing department of the City of Somerville.

Sec. 12-125. Effective date.
  1. (a) This article shall take effect 180 days after passage and shall apply to all new contracts awarded, to all renewal terms of existing contracts executed after that date, and to all contracts amended to include the applicability of this article. This article applies to any subcontractors under such contracts.
  2. (b) City of Somerville fleet vehicles that are large vehicles as defined herein will be required to comply with the provisions of this article.
  3. (c) The office of strategic planning and community development shall issue rules and regulations to implement the provisions of this article, including, without limitation, a process by which waivers may be granted, upon its taking effect.
Secs. 12-126-12-140 - Reserved.
ARTICLE IX. SMALL WIRELESS FACILITIES IN PUBLIC RIGHTS-OF-WAY
Sec. 12-141. Purpose.

The purpose of this article is to provide a uniform and comprehensive set of standards for permitting, developing, siting, installing, designing, operating and maintaining small wireless telecommunications facilities (“small wireless facilities”) in the public right-of-way within the city’s jurisdiction.

Sec. 12-142. Definitions.

As used in this article and in the City of Somerville design standards , the following terms shall be defined as follows:

Abandoned . The cessation of use of a small wireless facility.

Antenna . An apparatus designed for the purpose of emitting radio frequency signals from a fixed location pursuant to the Federal Communications Commission authorization, for the provision of wireless service. For purposes of this definition, the term antenna does not include an unintentional radiator, mobile station, antenna designed for amateur radio use, or satellite dish for residential or household purposes.

Antenna equipment . Equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.

Applicant . Any person who submits an application and is or is acting on behalf of a wireless services provider or wireless infrastructure provider.

Collocate . Mount or install an antenna on a structure, or modify a structure for the purpose of mounting or installing an antenna. “Collocation” has a corresponding meaning.

Design standards . Standards promulgated by the department of public works and planning department for installation of a small wireless facility, in accordance with applicable Federal Communications Commission rules and regulations, that are reasonable, no more burdensome than those applied to other types of infrastructure deployments, and objective and published in advance.

Rights-of-way or ROW . The area on, below, or above a public utility easement, roadway, highway, street, sidewalk, alley, or similar property, but not including a federal interstate highway.

Small wireless facility . A facility that meets each of the following conditions:

  1. (a) The facility is mounted on a structure 50 feet or less in height including the antenna, or is mounted on a structure no more than ten percent taller than other adjacent structures, or does not extend the existing structure on which it is located to a height of more than 50 feet or by more than ten percent, whichever is greater;
  2. (b) The antenna, excluding associated antenna equipment, is no more than three cubic feet in volume;
  3. (c) All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment on the structure, is cumulatively no more than 28 cubic feet in volume;
  4. (d) The facility does not require antenna structure registration;
  5. (e) The facility is not located on tribal lands; and
  6. (f) The facility does not result in human exposure to radio frequency in excess of the applicable safety standards specified in 47 C.F.R. 1.1307(b).

Structure . A pole, tower, base station, or other building, whether not it has an existing antenna facility, that is used or to be used for the provision of wireless service.

Wireless provider . Any individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, authorized to provide communications service in the state, that builds or installs wireless communication transmission equipment and/or small wireless facilities, or provides to the public wireless services using radio frequency signals.

Sec. 12-143. Approval required.

No wireless provider shall place, construct, erect, modify, mount, attach, operate or maintain a small wireless facility within the city or within any right-of-way in the city without first obtaining approval from the city council .

Sec. 12-144. Application and approval process.
  1. (a) All small wireless facility applications shall be submitted to the city clerk in accordance with policies and procedures set forth by the city. A public hearing shall not be required unless a new pole is installed. The small wireless facility permit application shall be made by the wireless provider or its duly authorized representative.
  2. (b) The city reserves the right to reasonably require, in its sole discretion, a supplemental review by independent experts of any application for a small wireless facility under this section. All reasonable costs of such review shall be borne by the applicant , in addition to scheduled fees. Whether based on the results of the supplemental review or the city’s own review, the city may require changes to or supplementation of the application.
  3. (c) No approval granted under this article shall confer any exclusive right, privilege, license, or franchise to occupy or use the public right-of-way for delivery of telecommunications services or any other purpose.
  4. (d) Unless construction has actually begun and is diligently pursued to completion at that point, no permit for construction issued under this article shall be valid for more than 12 months unless the mayor and applicant agree to an extension and all required fees are paid for the term regardless of construction.
  5. (e) Routine maintenance shall not require submittal of a new application, although it shall require all necessary permits for work to be performed.
  6. (f) Any request for modification of an existing wireless tower or base station determined by the department of public works commissioner to not substantially change the physical dimensions of such tower or base station, as set forth in 47 C.F.R. section 1.40001, may be approved by the department of public works commissioner in accordance with the design standards . the design standards shall not apply to the extent that they conflict with the criteria for substantial change as set forth in 47 C.F.R. section 1.4001. Counsel shall be notified by the department of public works when such request is approved.
  7. (g) A denial of an application may be based on criteria including but not limited to any of the following: (1) Inadequate capacity of the pole or mounting structure ; (2) Demonstrative safety issues; (3) Failure to meet applicable engineering standards; (4) Failure to meet the design standards, unless the applicant can demonstrate that such design standards are not technically feasible for that particular installation or that there is no reasonable alternative; (5) Failure of the applicant to comply with all applicable laws, rules, regulations, or other requirements; (6) There is another nearby pole that is a reasonable alternative; and/or (7) Any other legally valid reason to deny such application.
Sec. 12-145. Fees and annual renewal.
  1. (a) Applications for small wireless facilities shall be accompanied by fees as established by the city council .
  2. (b) Each year on January 1, the wireless provider shall submit an affidavit to the department of public works listing by location, all installations it owns within the city and certifying which installations remain in use and covered by the applicant’s insurance, which installations it has abandoned , and which installations are no longer in use. The wireless provider shall at that time pay any necessary payments required by the city. If a wireless provider fails to make the payments required by the city, the wireless provider’s small wireless facilities shall be deemed abandoned and the city may, at its sole option, remove all or any portion of them, or take other action as authorized by law.
Sec. 12-146. Removal, modification or abandonment.
  1. (a) No less than 90 days following written notice from the city , the wireless provider shall, at its own expense, protect, support, temporarily or permanently disconnect, remove, relocate, change or alter the position of any small wireless facilities within the rights-of-way whenever the city has determined that such removal, relocation, change or alteration, is reasonably necessary for the construction, repair, maintenance, or installation of any city improvement in or upon, or the operations of the city in or upon, the rights-of-way. If the wireless provider fails to comply with the written notice, the city may perform the work and recover the actual and reasonable expenses of doing so from the wireless provider, its successors or assigns.
  2. (b) The city retains the right to cut or move any small wireless facility located within the rights-of-way of the city in the event of an emergency, as the city may determine to be necessary, appropriate or useful in response to any imminent danger to public health, safety, or property. If circumstances permit, the city shall notify the wireless provider and provide the wireless provider an opportunity to move its own facilities prior to cutting or removing a facility and shall notify the wireless provider promptly after cutting or removing a small wireless facility. If the city performs work under this section, it may recover the actual and reasonable expenses of doing so from the wireless provider, its successor or assigns.
  3. (c) A wireless provider is required to notify the city of abandonment of any small wireless facility no less than 30 days prior to abandonment. Following receipt of such notice, the city may direct the wireless provider to remove all or any portion of the small wireless facility that the city determines to be in the best interest of the public health, safety and welfare to remove. If the wireless provider fails to notify the city of the abandonment or fails to remove the abandoned facility within 60 days of such notice, the city may undertake to do so and recover the actual and reasonable expenses of doing so from the wireless provider, its successors or assigns.
  4. (d) The wireless provider shall repair all damage to city property caused by the activities of the wireless provider and shall return the city property to its functional equivalence before the damage pursuant to competitively neutral, reasonable requirements and specifications. If the wireless provider fails to make the repairs within 60 days of such notice, the city may affect those repairs and recover the actual and reasonable expenses of doing so from the wireless provider, its successors or assigns.
Sec. 12-147. Exception to applicability.

Nothing in this article shall authorize a wireless provider to locate small wireless facilities on property owned by a private party, property that is not located within the right-of-way, or a privately owned utility pole or wireless support structure within a right-of-way without the consent of the property owner .

Sec. 12-148. Installation specifications.

All small wireless facilities must be constructed, installed, and operated in accordance with the plans and specifications included in the application or as otherwise approved by the city council , as well as the design standards . In addition to the design standards, all wireless installations must meet the following requirements, unless otherwise prohibited by law:

  1. (a) No installation shall be placed less than 15 feet from a residence’s window, door opening, porch or balcony.
  2. (b) In residential districts, as set forth in the zoning ordinance, the small wireless facility applicant shall use a passive cooling system. In the event that a fan is needed, the small wireless facility applicant shall use a cooling fan with the lowest noise profile commercially available. In any event, no small wireless facility shall emit noise greater than 40 dBA at the property line at any time.
  3. (c) No installation shall be placed where, in the determination of the city , it would limit the city’s ability to plant future street trees based upon any existing city standards or guidelines for planting of street trees.
  4. (d) Pole-mounted equipment minimum heights to the bottom of the equipment shall be 15 feet above sidewalk elevation.
  5. (e) Antennas shall be limited to snug-mount, canister-mount, and concealed, and shall be mounted at the top of the pole with a diameter of no more than six inches greater than the diameter of the pole. Where conditions do not permit a top mounted antenna, the antenna may be side mounted with a minimum height of 15 feet above sidewalk elevation.
Sec. 12-149. Insurance, bonds and indemnification.
  1. (a) All wireless providers shall maintain at all times insurance with the following minimum coverages: General liability insurance in an amount not less than $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate, and umbrella insurance in an amount not less than $5,000,000.00. The city must be an additionally insured party. All insurance carriers shall carry an A.M. Best rating of “A-” or better. Such insurance shall provide for the waiver by the insurance carrier of any subrogation rights against the city, its agents, servants and employees.
  2. (b) Upon approval of the application, the wireless provider shall be required to post bond in the amount of $5,000.00 for each small wireless facility , each bond to be held and maintained until the removal of the small wireless facility by the wireless provider or by the city as a guarantee to secure the applicant’s compliance with all applicable provisions of this article.
  3. (c) To the fullest extent allowed by law, any wireless provider constructing, installing, operating, repairing, maintaining and using a small wireless facility shall indemnify, defend and hold harmless the city, and its officials, agents, and employees from and against all suits, actions or claims of any character brought because of any injury or damage received or sustained by any person , persons or property arising out of, or resulting from, said wireless provider’s breach of any provision of law, including but not limited to standard specifications and the permit manual, or any asserted negligent act, error or omission of the wireless provider, or its agents or employees, arising from or relating to its small wireless facility. The indemnifications required hereunder shall not be limited by reason of the specification of any particular insurance coverage for any permit. Each wireless provider’s obligations under this provision shall not terminate with the expiration or termination of its permit, but shall survive it.
Sec. 12-150. Compliance with all applicable laws.

The wireless provider shall comply with all applicable local ordinances, including but not limited to the noise ordinance, as well as the Massachusetts building, plumbing and electrical codes, uniform building, fire electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to those codes, and the National Electric Code, National Electric Safety Code, and the rules, regulations, provisions of the Federal Communications Commission, the Occupational Safety and Health Administration, and any other state or federal agency regulating wireless communications.

Secs. 12-151-12-170. Reserved.
ARTICLE X. NATIVE PLANTING ORDINANCE
Sec. 12-171. Title.

This article shall be known and may be cited as “ City of Somerville Native Planting Ordinance.”

Sec. 12-172. Purpose.

The purpose of these regulations is to establish minimum standards for the use of native vegetation by the city . The city recognizes the significant benefits of establishing and protecting native vegetation for species conservation, ecological restoration, and combating the climate crisis and, therefore, the necessity to maximize the use of native vegetation by the city.

Sec. 12-173. Intent.

It is the intent of this article that these minimum landscape requirements be incorporated in order to combat the climate crisis, species extinction, and global warming, and to promote the public health, safety, and welfare by:

  1. (a) Acknowledging that pollination is an essential ecological survival function, and without native plants and the pollinators that depend on them, the human race and all of earth's terrestrial ecosystems will not survive;
  2. (b) Doing our part to reverse the massive decline in native pollinator populations from widespread use of pesticides in agribusiness, loss of habitat from development, and from our insistence on non-native plants in landscaping;
  3. (c) Protecting and promoting genetically diverse and appropriate native vegetation;
  4. (d) Promoting microhabitats in urban areas for the conservation of wildlife by establishing new, and maintaining and connecting existing, wildlife habitat;
  5. (e) Creating larger, more connected plant populations and helping ensure the future of native plant species by increasing their ability to migrate in response to changes in climate;
  6. (f) Promoting public health through the long term, widespread adoption of diverse native plantings; and
  7. (g) Educating residents on the importance of native plant species and native pollinators to the ecosystem.
Sec. 12-174. Definitions.

Bioswales means vegetated linear channels designed to concentrate and convey stormwater runoff while removing debris and pollution.

Extensive green roof shall mean a layer of vegetation planted over a waterproofing system that is installed on top of a flat or slightly–sloped roof, that has a shallow growing medium of less than six inches with a modest roof load, limited plant diversity, minimal watering requirements, and is often not accessible.

Invasive plant means a plant that is both non-native and able to establish on many sites, grow quickly, and spread to the point of disrupting plant communities or ecosystems. For purposes of this article, any plant on the USDA Introduced, Invasive, and Noxious Plants list that is listed on the federal list or on any state list east of the Mississippi River is an invasive plant. This includes, but is not limited to, all plants listed on the Massachusetts Prohibited Plant List as published by the Massachusetts Department of Agricultural Resources. The city may, at the city’s discretion, also refer to lists developed by nonprofit, governmental, or educational organizations or other subject-matter experts, particularly focused on invasive plants in states east of the Mississippi River.

Native plant means a plant that is a part of the balance of nature that has developed over hundreds or thousands of years in a particular region or ecosystem. For the purposes of this ordinance, a native plant or “native species” is a plant with origins east of the Mississippi River per the USDA plant database, with a preference for species from the US Environmental Protection Agency Ecoregion Level III Northeastern Coastal Zone (#59), and secondary preference for Northeastern Highlands (#58) and the Atlantic Coastal Pine Barrens (#84).

Non-native plant means a plant introduced with human help (intentionally or accidentally) to a new place or new type of habitat where it was not previously found. For the purposes of this ordinance, a non-native plant is any plant with origins west of the Mississippi River or in other continents.

Other city-owned property shall include all other property owned and maintained by the city which does not fall within one of the other specifically defined categories for property listed within this article.

Park means a civic space type designed for active and passive recreation, with its character defined by the uses and features provided to meet the needs of different user groups.

Plantings by the city shall include plantings done by third parties on behalf of the city.

Plaza means a civic space type designed for passive recreation, civic purposes, and commercial activities, with its character defined primarily by hardscape. Plazas are generally located in activity centers or the nexus of major circulation routes.

Pollinators mean animals (primarily insect, but sometimes avian or mammalian) that fertilize plants, resulting in the formation of seeds and the fruit surrounding seeds, that humans and other animals rely on to produce nuts and fruits that are essential components of a healthy diet, and that the majority of flowering plant species found world-wide rely on to make the seeds that will become the next generation of plants.

Straight species means a plant that is not a cultivar nor that has been bred for particular traits.

Streetscapes shall include the visual elements of a street including the road, adjoining buildings, street furniture, and open spaces that combine to form the street's character; provided, that for the purposes of this article, streetscapes shall not include street trees and shall include roadway medians.

Sec. 12-175. Applicability.

The terms and provisions of this article shall be a minimum standard and shall only apply to all new trees and other plants planted by the city , or by a third-party on behalf of the city. Existing trees and other plants shall remain unaffected by this article.

Sec. 12-176. Invasive plants forbidden.

The city shall not include any invasive plant in any city plantings.

Sec. 12-177. Native planting requirements.
  1. (a) All new plantings by the city within the following areas shall consist of native plants only: (1) Riparian areas; (2) The community path; (3) The green line extension rail corridor; (4) Bioswales ; (5) Plazas ; (6) Streetscapes ; and (7) Other city-owned property ; provided, however, that the city may plant not more than 50 percent non-native, non-invasive plants in areas (4) through (7) when the city determines that the situation demands flexibility in planting, including for memorialization, aesthetic, geographic, survivability, or other purposes.
  2. (b) In city parks , a minimum of 75 percent of all new plantings planted by the city each year shall be native plants.
  3. (c) A minimum of 50 percent of street trees planted by the city each year shall be native plants, with a goal to increase this percentage in subsequent years.
  4. (d) The city may plant non-native, non-invasive plants in the following areas or for the following purposes; provided, however, that the city shall still make an effort to include native plants: (1) Community gardens; (2) Flower bulbs planted as part of volunteer initiatives including, but not limited to, the bulb blitz initiative; (3) Lawns and athletic fields; (4) Holiday, seasonal and annual decorative plantings; and (5) Extensive green roofs , provided that the city shall incorporate native plants into their extensive green roof plantings to the extent that doing so is feasible based on the survivability of native plants in such conditions, and will not compromise green building certification or stormwater mitigation requirements.
Sec. 12-178. Limitations on neonicotinoids.

For the purposes of this article, the city shall, to the extent possible and to the extent such plants are reasonably available, prioritize sourcing native plants that have not been treated with neonicotinoids; provided, that as of January 1, 2028 the city shall not source native plants that have been treated with neonicotinoids.

Sec. 12-179. Prioritizing straight species.

For the purposes of this article, the city shall, to the extent possible and to the extent such plants are reasonably available, prioritize sourcing native plants that are straight species .

Sec. 12-180. Reporting requirement.

By December 31 of each year, the director of public space and urban forestry in conjunction with the senior urban forestry and landscape planner, or their designees, in collaboration with any other city department that carries out plantings or oversees plantings carried out by a third-party on behalf of the city, shall publish a report on the city urban forestry website listing the number of trees and plants subject to the requirements of this article planted by the city for the previous fiscal year; provided, however, that each city department that carries out plantings or oversees plantings carried out by a third-party on behalf of the city shall, by December 1 of each year, report such plantings for the previous fiscal year to the director of public space and urban forestry in the manner required in this section. When published on the city website, a copy of this report shall also be forwarded to city council and the urban forestry committee. This report shall at a minimum, provide the following:

  1. (a) A list of each of the property areas listed in section 12-177 , except for those exempted pursuant to section 12-177 (d), and descriptions for the types of new plantings done that year; and
  2. (b) The percentage of those new plantings that were native plants ; and
  3. (c) The percentage of non-native, non-invasive plants planted by the city in areas identified in subsections (4) through (7) of section 12-177 (a), and reasons why native plants were not planted in those locations.
Sec. 12-181. Conflicting regulations repealed.

All regulations that are in conflict with this article, in whole or in part, are hereby repealed to the extent that they are in conflict.

Sec. 12-182. Severability.

If any portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate provision and shall not affect the validity of the remaining portions of the article.

Sec. 12-183. Effective date.

This article shall take effect 60 days after it is enacted by the city ; provided, however, that this article shall not apply to any plantings carried out pursuant to existing contracts, invitations to bid, or designs completed prior to the effective date of this article.

CHAPTER 13 TAXICABS, TAXI STANDS AND TAXI OPERATORS*

*Cross reference(s) – Licenses, permits and miscellaneous business regulations, Ch. 8; streets, sidewalks and other public places, Ch. 12.

State law reference(s) – Authority to regulate, M.G.L.A . c. 40, § 22, common carriers generally, M.G.L.A. c. 159; common carriers of passengers by motor vehicles, M.G.L.A. c. 159A.

ARTICLE I. IN GENERAL
Sec. 13-1. Taxi definition.

Every vehicle used or to be used for the conveyance of persons for hire or fixed payment from place to place within the city , such conveyance being either the primary purpose or offered in connection and/or conjunction with the provision of any other service, shall be deemed to be a taxicab within the meaning of this chapter, except: (i) a street railway car or a trackless trolley vehicle within the meaning of Chapter 163, Section 2 of the General Laws : or (ii) a motor vehicle, commonly known as a jitney, operated in a manner and for the purposes stated in Chapter 159A of the General Laws; or (iii) a sight-seeing automobile, as defined in Acts of 1913, Chapter 592, Section 1; or (iv) a motor vehicle used for funeral and/or wedding purposes only.

Cross reference(s) – Definitions and rules of construction, § 1-4 .

Sec. 13-2. Taxi bureau.
  1. (a) A taxi bureau is hereby established to enforce the provisions of this chapter. Said bureau shall consist of a sergeant or officer of higher rank of the traffic division of the police department as designated by the chief of police, who shall be its head, and the sealer of weights and measures. They may appoint such assistants as may be necessary from time to time for the proper operation of the bureau.
  2. (b) Nothing contained in this section shall in any way abridge or impair the enforcement powers of the chief of police or the officers and patrolmen of the police department with respect to motor vehicles in general and taxicabs in particular, as may be set forth by law or ordinance.

Cross reference(s) – Police, Ch. 10.

Sec. 13-3. Taxi stands.
  1. (a) The city council will designate certain places to be used as assigned stands by taxicabs not exceeding at any time the number specified for each place.
  2. (b) No such stand shall be designated until the chief of police has given his or her written approval thereto, nor until the chief of police or a police officer appointed under section 13-2 has certified in writing that: (1) Notice has been given to the owner or his or her resident agent, and the occupant of the premises fronting upon the location to be designated, that such designation has been applied for; and (2) That such persons have consented thereto.
  3. (c) Owners or drivers of taxicabs shall not trespass upon stands to which they have not been assigned.
  4. (d) All such taxicab stands shall be properly marked by painted lines, and signs erected showing the number of taxicabs for which the space is reserved, and said lines and signs shall be made by the highway division of the public works department.
Sec. 13-4. Taxi identification.

Every motor vehicle to be used as a taxicab in the city shall have the words, "Taxi," "Cab" or "Taxicab" printed on the body of the vehicle in letters not less than three inches in height, and shall have a number, commencing with the numeral 01 painted in letters in sequential order up to 93, not less than three inches in height under the window on the back of each taxicab.

State law reference(s) – Identification of taxicabs, M.G.L.A . c, 40, § 22.

Sec. 13-5. Cooperation with police.

Licensed taxicab drivers will answer fully and civilly any questions put to them by police officers in the performance of their duty.

Cross reference(s) – Police, Ch. 10.

Sec. 13-6. Taxi driver responsibilities.
  1. (a) Every person having charge of a taxicab within the city shall at all times carry with him or her his or her taxicab license, issued by the city, a copy of the rates of fare established and a copy of the rules and regulations, and shall exhibit them to any passenger or police officer on demand. He or she shall not demand from any passenger more than the established rate of fare. When in a public place he or she shall not refuse, unless previously engaged or unless the conditions are such as those described in section 13-7 , to carry any passenger lawfully entitled to be carried in a taxicab.
  2. (b) Nothing contained herein shall be construed as prohibiting a driver of a taxicab licensed outside the city from driving through said city, dropping off a passenger, passengers or other merchandise within the city, or from accepting within the city a passenger, passengers, packages or other merchandise if summoned by or at the request of said passenger or client by telephone, or by radio dispatch from the owner or operator’s principal place of business outside the city provided that the name, pick-up address, and destination of said passenger or client are immediately supplied by the driver to any inquiring police officer.
Sec. 13-6.1. Rates and fares.
  1. (a) Rate . $3.80 for the first one-eighth of a mile; $0.50 for each additional one-eighth of a mile. Waiting time - $32.00 per hour.
  2. (b) New multiple passenger situation. Multiple loadings of passenger, with their consent, shall be allowed at the following food markets: (1) Demoulas (2) Star at Porter Square (3) Stop & Shop When multiple loadings occur, each party shall be charged the fare recorded on the meter less $1.00. Minimum charge shall be $2.50.
  3. (c) New fare regulations . Passengers going to the airport shall be responsible for all tolls, both ways, for the Mystic Tobin Bridge, Callahan Tunnell, or Ted Williams Tunnel, and any airport charges, if applicable.
Sec. 13-7. Nonpayment of fares.

Any person refusing to pay, or attempting to avoid payment of a taxicab fare, shall forfeit and pay a fine in accordance with section 1-11 .

Sec. 13-8. Additional fares and passengers.
  1. (a) No person having the charge, care or ordering of any taxicab, except an omnibus, shall take up or carry any passenger after the cab has been occupied or engaged by any prior passenger without the consent of the prior passenger or until such prior passenger shall have discharged said carriage. Any such prior passenger shall not be obligated or requested to pay any extra fare or fee for refusing such consent.
  2. (b) Subject to the aforesaid consent requirements, no taxicab driver shall collect a double fare for the carriage of more than one passenger. As to passengers engaging the taxicab at different origins, the first passenger so engaging the taxicab shall be responsible for the fare to his or her destination, and the subsequent passenger shall be responsible for the fare from that point to the point of his or her destination. As to passengers engaging the taxicab at the same origin, the passenger arriving at his or her destination first shall be responsible for the full fare from that point to the point of his or her destination. As to passengers engaging the taxicab at the same origin and proceeding to the same destination, each passenger shall be responsible for an equal share of one fare.
Sec. 13-9. Lost items.

Every person having charge of a taxicab shall immediately after delivering any passenger, search said cab for any property which may have been left therein by any person having the care or ordering of any taxicab, and when not restored to the owner thereof within 48 hours, the property shall be delivered by the finder thereof to the police department.

Sec. 13-10. Solicitation, pickup of passengers, and use of front seat.
  1. (a) Only a driver of a Somerville licensed taxicab may pick up a passenger on a public way who has hailed a taxicab. No vehicle without a licensed Somerville taxicab medallion shall pick up a person in response to a street hail, or may stand in a taxi stand.
  2. (b) Each Somerville licensed taxicab shall be authorized to pick up passengers in Somerville pursuant to a telephone, digital request, radio call, or by any other type of pre-arrangement.
  3. (c) No person having charge of a taxicab shall suffer any person to ride in the front seat of the taxicab, except when the seats inside the cab are fully occupied, and then only when the person so riding is a genuine passenger. Notwithstanding the foregoing, nothing in this section shall be interpreted to limit the rights available to any persons under the Americans with Disability Act, the Massachusetts Public Accommodation Law (M.G.L. c. 272, §§ 92A, 98, and 98A) or any other applicable federal or state law.
Sec. 13-11. Taxi parking.

No owner, driver or other person having the care or ordering of any licensed taxicab shall suffer the same to stop in any street, square, lane or alley of this city more than five minutes, without some proper person to take care of the same, or more than 20 minutes in any case; provided, however, that nothing in this section shall be taken to apply to licensed taxicabs rightfully standing upon assigned stands.

Sec. 13-12. Taxi availability.

Every driver of any licensed taxicab shall remain near to such vehicle while it is unemployed, or standing in the streets or squares of the city , unless he or she shall be necessarily absent therefrom in the course of his or her duty and business as such driver; and he or she shall so keep his or her vehicle that it shall not obstruct said streets or squares or other public passages, or in any other manner violate the law or the ordinances of the city council .

Sec. 13-13. Directions of police officers.

Every person having charge of a taxicab shall obey the directions of any police officer respecting the standing of such vehicle while waiting for passengers and the route to be taken in going to or from the place of standing.

Cross reference(s) – Police, Ch. 10.

Sec. 13-14. Passengers with contagious diseases.

No person having charge of any taxicab shall receive or permit to be placed therein, nor convey in or upon the same, any person sick or infected with any contagious disease, or the body of any person deceased from such disease.

Cross reference(s) – Health, Ch. 6.

Sec. 13-15. Recordkeeping.

The owner of a licensed taxicab must keep on a form approved by the police chief and produce upon demand of the police chief a record showing time of all trips made by said vehicle and containing all information requested on a form approved by the police chief for a period of each calendar day, said forms to be held for 90 days.

Sec. 13-16. Charge for luggage.

Hand baggage may be carried by passenger without charge. The charge of trunks shall be optional with the person in charge of the vehicle; but, if carried, the charge shall be set from time to time and such charge shall be on file in the city clerk's office.

Sec. 13-17. Rates for trips beyond city limits or by the hour.

When a motor taxicab is hired by the hour or for a trip wholly or in part outside the limits of the city , the person in charge may suspend, with the consent of the passenger, the use of the taximeter as a means of determining the price to be paid. In such cases the price shall be agreed upon between the persons in charge of the automobile and the passenger.

Sec. 13-18. Painting taxis.

No owner of a licensed taxicab shall paint his or her vehicle in colors or designs to so closely resemble other licensed taxicabs as to mislead the public to its identity.

Sec. 13-19. Taxi maintenance and cleanliness.

All taxicabs shall be kept in good condition, suitable for occupancy and mechanically fit for the safety of its passengers. The interior and exterior shall be clean, safe and sanitary at all times. At any time, the head of the taxi bureau may stop a taxicab and order it out of service until necessary repairs are made to said taxicabs as will render it in his or her discretion, safe for use and occupancy.

Sec. 13-20. Garaging of taxis.

Taxicabs licensed by the city council shall be licensed and registered in accordance with Chapter 90 of the General Laws , from their principal place of garaging, which place shall be within the geographical confines of the city .

Sec. 13-21. Availability of taxi ordinance.

Upon the passage of the ordinance from which this chapter derives the city clerk shall have printed in booklet form a copy of this chapter and the most recent amendments thereto. Said booklet shall be made available at no cost to those persons coming within the scope of the provisions of this chapter and shall be brought up-to-date annually.

Sec. 13-22. Complaints and punishments.

All complaints and violations of the provisions of this chapter against taxicab drivers and owners, by the public or police officers, shall be brought before the chief of police who shall hear the facts, and if the taxicab driver or owner is found guilty of the complaint or violation, the chief of police may recommend to the city council , that the said license of owner or driver shall be suspended or revoked. If the owner of any taxicab is found guilty of the offense charged while he or she is driving the said taxicab, the chief of police may recommend that the license of the said taxicab shall be suspended or revoked, in addition to any action that may be taken in regard to his or her driver's license, and said taxicab shall not be used during said period of suspension or revocation.

Sec. 13-23. Penalties.

Any person who shall violate any of the provisions of this chapter shall be liable to the penalty prescribed in section 1-11 . In addition, any person holding a license issued under this chapter shall, upon conviction for a violation of this chapter, thereby forfeit his or her license or licenses, and no license under this chapter shall thereafter be issued to such person, except by leave of the city council .

Secs. 13-24-13-35. Reserved.
ARTICLE II. LICENSES*

*Cross reference(s) – Licenses, permits and miscellaneous business regulations, Ch. 8.

Sec. 13-36. Taxi and hackney carriage license.
  1. (a) No person shall drive or have charge of a taxicab, nor shall any person set up and use a taxicab unless licensed thereto by the city council .
  2. (b) No owner or person having the care of ordering of a taxicab shall suffer or allow any person other than a driver licensed by the city council to drive such taxicab.

State law reference(s) – License required for operators of common carriers of passengers by motor vehicle, M.G.L.A . c. 159A, § 1.

Sec. 13-37. Taxi license conditions.

Taxicab licenses and taxicab driver's licenses may be issued subject to such terms, conditions and regulations as the city council may from time to time prescribe by order. No such license shall be issued until the fee therefor has been paid.

Sec. 13-38. Taxi license applications.
  1. (a) An applicant for a license as owner of a taxicab shall present to the city clerk for examination in the case of each vehicle, a valid certificate of registration issued by the registry of motor vehicles of the state, the date of which, together with the vehicle license number shall be entered upon the application and also upon the license of the city council , if granted.
  2. (b) Upon any change in the certificate of registration of a taxicab issued by the state registry of motor vehicles, licensed owners shall forthwith present such certificate, together with the taxicab license, to the city clerk.
  3. (c) Applications for taxicab licenses, taxicab driver's licenses or for permits for taxi stands may be filed with the city council at any time, but applications for renewal of said licenses or permits already in force shall be filed annually in April, except in the case of taxicab driver's licenses which shall be filed biannually in April. They shall be made on official forms provided by the city council and shall contain all the information therein required. All licenses and permits shall become void on the first day of May annually, except for taxicab driver's licenses which shall expire on the first day of May biannually; provided, however, that such as are granted in April shall be valid for the year beginning on the next succeeding first day of May.
Sec. 13-39. Taxi license transfers.
  1. (a) No license or permit provided for in this article shall be leased, sold, assigned or transferred without the prior consent of the city council in writing . When any such lease, sale, assignment or transfer is to take place, the then current licensee shall submit to the city council in advance, a duly certified copy of the lease, purchase and sale or other appropriate agreement which shall set forth in detail the terms and conditions of the proposed transaction. Any licensee who shall cease to be the owner or driver of a taxicab shall at once surrender his or her license to the city council.
  2. (b) The fee for the transfer, lease, or assignment of a taxicab license for each such license transferred, leased or assigned shall be set from time to time and such fee is on file in the city clerk's office.
Sec. 13-40. Taxi license renewals.

All renewals for a license to operate a taxicab and all licenses and taxicab permit cards issued to owners shall be done before the first day of May of each year.

Sec. 13-41. Taxi owners licenses.
  1. (a) The city council may issue taxicab licenses to suitable owners of motor vehicles, to set up and use such vehicles as taxicabs.
  2. (b) Such license shall be issued in the form of decal which shall be affixed to the rear of said vehicles so as to be plainly visible to the public at all times. Said decal shall be firmly fastened to the body of the vehicle in such a manner that it will not easily become detached therefrom; and under no conditions shall decal be attached to the vehicle's state license plate or to its bumper. The head of the taxi bureau shall specify the location on every vehicle where said decal is to be affixed.
  3. (c) The fee for taxicab licenses shall be set from time to time and such fee is on file in the city clerk's office.
Sec. 13-42. Taxi drivers licenses.
  1. (a) The city council may issue taxicab driver's licenses for a period not to exceed two years from the date of issuance, to persons qualified as drivers and otherwise suitable, to drive and have charge of taxicabs. The fee for such licenses shall be set from time to time and such fee is on file in the office of the city clerk.
  2. (b) Notwithstanding the foregoing, the chief of police may issue a temporary taxicab driver's license to an applicant, pending issuance of his or her license by the city council, for a period not exceeding 21 days; provided, however, that no such temporary license shall be issued to any person who has forfeited a license under section 13-23 or who has been denied a license under this article by the city council.
Sec. 13-43. Taxi drivers license photo and display.
  1. (a) Each applicant for a taxicab driver's license under section 13-42 shall present himself or herself to the chief of police, or to an officer designated under section 13-2 , during such times as shall be designated by said chief, and shall be photographed. This requirement shall apply to applications for new and renewal licenses, and to requests for replacement of lost licenses.
  2. (b) One copy of such photograph shall be filed with the application and shall be retained by the chief of police or his or her designee under section 13-2 .
  3. (c) One copy of such photograph shall be incorporated onto the taxicab driver's license in a permanent manner, rendering it nonremovable without destruction of the license.
  4. (d) Every taxicab driver, while on duty, shall display his or her license on the left breast of his or her outer clothing, or on his or her left collar, upright and readily visible from the front.
Sec. 13-44. Taxi owner and driver English language requirement.

No person shall be licensed to be a driver or an owner of a taxicab under the provisions of this article, unless he or she can read, write and speak the English language intelligently.

Sec. 13-45. Taxi dispatch and out-of-town taxi restrictions.
  1. (a) No taxicab licensee shall use the physical facilities, radio-dispatching service or goodwill of any other licensee without prior notification to the city council in writing .
  2. (b) No licensee, association of licensees, nor agents thereof, shall be allowed to dispatch a taxicab or taxicabs in response to a request for a Somerville licensed taxicab, by whatever means such request is received, unless: (i) such taxicab or taxicabs are licensed in the city ; and (ii) the operator or operators thereof possess (a) hackney carriage license(s) issued in accordance with this article.
  3. (c) Nothing in this section shall be construed as prohibiting a driver of a taxicab licensed outside of the city from driving through the city, or from accepting or delivering within the city a passenger, passengers, packages or other items for transport, if summoned by or at the request of a client, by telephone or by radio dispatch, from within the geographic boundaries of the city, but not by direct on-street solicitation.
Sec. 13-46. Taxicab licenses and taxi medallions.
  1. (a) Not more than one taxicab license shall be granted for each 1,000 inhabitants, or fraction thereof, of the city , as determined by the most recent federal decennial census; provided, however, that renewal licenses may be granted notwithstanding the above limitation, but further provided that no new license shall be granted while the number of licenses is in excess of the above limitation. Any license for which a renewal application is not filed during the month of June in any year shall lapse as of the first of July in such year, and any further application therefor shall be treated as an application for a new license for all purposes of this chapter, including the limitation provisions of this section.
  2. (b) Notwithstanding the provisions of this section relative to limitations on the number of taxicab licenses, and in order to correct certain inequities, the city council may grant three additional new taxicab licenses in its discretion. Immediately upon the issuance of said additional licenses, they shall again become subject to all provisions of this section.
Sec. 13-47. Licensee changes of address.

When a licensed owner changes his or her address or the place at which a taxicab owned by him or her is kept, or when a licensed driver changes his or her home address, his or her place of employment or his or her employer, he or she shall, within three days of such change, notify the city council .

Sec. 13-48. Immoral or disorderly passengers.
  1. (a) The city council will hold as unsuited to hold a license any driver of a taxicab who gives direction, information or service to a man or woman seeking a place or a person for immoral purposes, or any driver who offers such direction, information or service.
  2. (b) The city council will regard as unsuited to hold a license any driver of a taxicab who continues to convey from place to place a person who is noisy or otherwise disorderly, or who conveys a person who is intoxicated, even though not disorderly, except directly to the place where the driver has reason to believe is the passenger's house, lodging or other abiding place; but this provision shall not apply to cases in which persons are conveyed at direction of a police officer.
  3. (c) When a passenger becomes noisy or otherwise disorderly while in a taxicab and persists in such conduct, after warning, the driver may appeal to any policeman who shall assist him or her in any lawful way and, if in the possession of the necessary evidence, shall prosecute the offending passenger. The police shall observe with particular care the matters to which this section relates and report thereon.
Sec. 13-49. Motor vehicle taxi requirements.

The owners and drivers of taxicab propelled by mechanical motors shall be subject to all the provisions of this chapter, and shall be subject also to the following special provisions:

  1. (1) An applicant for a license as owner of a motor taxicab shall present for examination in the case of each car a valid certificate of registration issued by the state registrar of motor vehicles, the date of which together with the car number shall be entered on the application and also on the license of the city council , if granted. (2) An applicant for a license to drive a motorized taxicab shall present for examination a valid license as a chauffeur issued to him or her by the state registrar of motor vehicles, and the date and the number thereof shall be entered on the application, and also on the license of the city council. (3) Notice in writing shall be given to the city council by licensed owners and chauffeurs, as the case may be, immediately upon any change in residence or employment, or in the place at which a car is kept, or upon any change in the certificate of registration, the license to operate or the car number as issued by the state registrar of motor vehicles. (4) Owners and drivers of motorized taxicabs shall be subject in their equipment and operation to all provisions of the state statutes relating to automobiles now or hereafter in effect. (5) All licensed taxicabs shall be equipped with electronic credit card processing capability (which includes the processing of an ATM/debit card used as a credit card). Such equipment shall allow the passenger to swipe the card in the rear compartment of the taxicab without handing the card to the driver. Such equipment shall list fare, tolls, fees, and tips separately for processing purposes. Such equipment will also provide a printed receipt which includes the taxicab license number, date, time, and charge amount. Such equipment shall have the ability to electronically authorize the credit card transaction in a timely manner and be fully functioning at all times. If a licensed taxicab does not have a fully functioning credit card reader, it shall be deemed unfit for service as a taxicab.
Sec. 13-50. Taximeters.

Every motor vehicle licensed as a taxicab, except motor vehicles used for funeral and wedding purposes only, shall have affixed thereto a device which shall be used for determining the cost of transportation by such taxicab and shall be known as a taximeter. Said taximeter shall be of a size and design approved by the city council .

Sec. 13-51. Taximeter inspections.

No vehicle shall be licensed as a taxicab and no taxicab license shall be renewed until the taximeter attached thereto shall have been inspected by the taxi bureau and found to be accurate in accordance with the provisions of Chapter 98, Section 45 of the General Laws and section 13-2 of this chapter. The fee for affixing a seal to any taximeter or for replacing any such seal shall be set from time to time and such fee is on file in the city clerk's office.

Sec. 13-52. Taximeter inspections and accuracy.

The members of the taxi bureau and their assistants may, in the performance of their duties, stop and enter without a warrant any taxicab for the purpose of inspecting its taximeter and may direct the driver to proceed to a specified place for such an inspection. Notwithstanding any inspection or testing of such taximeter, the holder of a taxicab license shall be solely responsible for maintaining an accurate taximeter. Any of the aforesaid members of the taxi bureau or assistants may recommend the suspension of the taxicab license to the city council of any taxicab containing a taximeter which fails to register within the tolerance allowed by the state director of standards. Such suspension shall be for a period not to exceed 14 days.

Sec. 13-53. Taxi owner trade names.
  1. (a) All trade names used by licensed taxicab owners shall be approved by the city council and recorded in the office of the city clerk.
  2. (b) Any licensee who shall cease to be the owner of a taximeter shall at once surrender his or her license to the city clerk.
Sec. 13-54. License revocation.

The chief of police may recommend refusal of a license for, or if already issued, recommend revocation or suspension of the license of any taxicab found by him or her in his or her sound discretion to be unfit or unsuited for public patronage.

Sec. 13-55. Taxi permit cards.
  1. (a) All licensed taxicabs shall be issued a permit card from the city clerk's office, of such size and form as may be required by the city council . This card will show the license number assigned to said vehicle, the state registration plate license and meter number assigned to said vehicle. This permit card shall be placed permanently on the rear of the front seat, in a slot provided for this purpose by the owners.
  2. (b) This permit card may not be removed for any purpose except it may be transferred to another vehicle in cases of emergency, upon written permission from the chief of police. This permission shall not exceed three weeks or 21 days unless such transfer is permanent in nature.
Sec. 13-56. Taxi permit card transfers.

Taxicab permit cards are not transferable for any reason whatsoever, unless approved by the city council . Applicants for taxicab permit cards and owner's licenses must first have said vehicle inspected by the police department and receive clearance in written form which must presented to the city clerk's office before he or she may receive such owner's license and permit card. If the applicant does not comply with said inspection within 60 days of filing of the application, his or her license or request shall automatically be revoked.

Sec. 13-57. Taxi owners license and taxi permit card board of directors requirement.

All applicant's for owner's licenses and taxicab permit cards must list the names of the board of directors of such corporation with each application submitted to the city clerk's office.

Sec. 13-58. Taxi inspections.
  1. (a) Before a taxicab shall be licensed, it shall be thoroughly inspected as required by Chapter 90, Section 7 of the General Laws relative to equipment. Any replacement vehicle shall be allowed to operate for a period of ten days, provided written notification of such change is made to the taxi bureau, and that such vehicle shall be inspected by an officer of the taxi bureau within the same ten-day period.
  2. (b) Each taxicab shall be inspected by the police department for cleanliness and general appearance periodically.
Sec. 13-59. Taxi inspections and suspensions.
  1. (a) Every taxicab shall be inspected by the taxi bureau at least once every six months , to ensure its fitness for use. An inspection certificate, approved as to form by the city council , shall be completed in triplicate at the time of inspection; one copy each shall be retained by the licensee and the taxi bureau respectively, and one copy shall be filed with the city council. The fee for such inspection shall be set from time to time and such fee is on file in the office of the city clerk.
  2. (b) Upon the failure of any taxicab to pass a semiannual inspection, the license for said vehicle shall be immediately suspended for a period of seven days and the head of the taxi bureau shall forthwith notify the city council of such suspension; and if, after a second inspection held not more than seven days thereafter, such taxicab shall again fail of inspection, its license shall be revoked in the manner provided by law. No taxicab shall have its license renewed until the proper inspection certificates have been filed with the city council, as prescribed in subsection (a) of this section.
Sec. 13-60. Taxi driver moving violation.
  1. (a) Upon having been found guilty by a court of competent jurisdiction of a moving violation wherein a taxicab was being operated at the time of the offense, a taxicab driver shall receive a written warning from the head of taxi bureau to the effect that future convictions will subject said driver to possible license suspension by the city ; and if, within the same calendar year, a taxicab driver is convicted of a second moving violation he or she shall have his or her operator's license suspended for a period of not less than three days.
  2. (b) A third or subsequent conviction within the same calendar year shall subject the taxicab driver to an immediate suspension of his or her operator's license for a period of not less than 30 days.
  3. (c) Any suspension shall be subject to appeal to the chief of police, in writing, within three days of the notice of suspension which shall also be in writing and shall specify the incident which forms the basis for the suspension. The chief of police shall affirm or reverse any suspension of license, in writing, within three days of any hearing given. For the purpose of this section a waiver of trial and payment of fine shall be considered a guilty finding.
Sec. 13-61. Complaints.

All cabs in the city will be required to display on the right side of the right rear window a four-inch by eight-inch sign with half-inch letters that will be provided by the taxi company stating the following:

TAXI NO. __________

"For any complaints concerning the service provided, including but not limited to fares, elderly discounts, driver courtesy, or lack of credit card processing capability, please contact your City Police Taxi Bureau at 625-1600, Monday through Friday 9AM to 4PM. Please note the date, time and Cab Number."

Secs. 13-62—13-70. Reserved.
ARTICLE III LIVERY VEHICLES
Sec. 13-71. Definitions.

The following words and phrases whenever they occur in this article shall be construed as herein defined:

Applicant : Any person or persons, or in the case of a corporation, any director or officer.

Chauffeur : Any person authorized to operate a livery vehicle.

Chauffeur's license : A license issued by the city through its appropriate officers authorizing the person therein named to drive any licensed livery vehicle within the city.

Livery license : A license issued by the city through its appropriate officers authorizing the operation and control of a livery vehicle or fleet of livery vehicles in the city in the manner as provided in this article.

Livery vehicle : Any passenger vehicle operated by a chauffeur licensed by the city transporting passengers for hire at a charge or fee for each passenger per trip or for each vehicle per trip as a result of individual contract on a trip or hourly basis fixed by agreement in advance, which does not pick-up or hail fares in the street and does not contain a rate meter.

Livery vehicle license : A license issued by the city through its appropriate officers authorizing the operation on the streets of the city of a livery vehicle. Said license shall apply only to the vehicle described in the application for said license.

Sec. 13-72. Livery license.

It shall be unlawful to operate a business in Somerville or directly solicit or promote in Somerville a business of transporting persons for hire in a livery vehicle from a location in the city without first having obtained a livery license from the city council authorizing such business and designating the number of such vehicles that may be used under such permit. A livery license shall be issued by the city clerk pursuant to the direction of the city council. All livery vehicles owned by funeral homes in the city, and used exclusively for funeral business shall be exempt from this article. All livery vehicles owned by applicants that operate under state or federal contracts that require periodic CORI and driving record checks of all chauffeurs shall be exempt from this article. No livery license shall be issued to or held by any person who is not of legal age.

Sec. 13-73. Application for livery license.

Application for livery license shall be made in writing to the city clerk and shall state thereon the name of the applicant , the intended place of business, the number of vehicles to be operated, and such other information as may be required by the city council . Each application for a livery license shall be accompanied by a fee, to be established by the city council and on file with the city clerk.

Sec. 13-74. Considerations for issuance of livery license.

In considering the issuance of the proposed livery license , the city council shall consider the following:

  1. (a) Experience of the applicant ;
  2. (b) Public need for operators;
  3. (c) Type of service proposed by the applicant;
  4. (d) Financial responsibility of the applicant;
  5. (e) Inventory of vehicles;
  6. (f) Current demand and anticipated future demand for service;
  7. (g) Number of vehicles in operation;
  8. (h) Statement from the building inspector that the use conforms to the applicable requirements of the zoning ordinance;
  9. (i) Recommendation of the police chief; and
  10. (j) Other facts considered relevant by the city council.
Sec. 13-75. Issuance of livery license.

In the event that the city council determines that the proposed livery license be issued, it shall specify the maximum number of vehicles to be operated.

Sec. 13-76. Term of livery license.

A livery license authorized by the city council shall remain in full force until the following October 1, unless sooner terminated in accordance with the provisions of this article.

Sec. 13-77. Livery license nontransferable.

A livery license shall be non-assignable and non-transferable.

Sec. 13-78. Revocation of livery license.

A livery license may be revoked by action of the city council ; provided, however, that no such revocation shall be made without cause and without notice to the licensee and a hearing before the city council. Cause for revocation of a livery license shall be the violation by the operator of the statutes, rules, and regulations of the Commonwealth of Massachusetts, the United States or any ordinances, rules, or regulations of the city , the violations of which reflect unfavorably on the fitness of the operator to offer public transportation, the violation of the operator of any provisions of this article, proof of fraud or misrepresentation in obtaining the livery license, or failure to comply with the terms of the livery license or any agreement therein contained.

Sec. 13-79. Access to equipment, books by city council.

For the purpose of enabling the city council to inform itself as to the character and quality of service rendered the public, and for determination of whether the operator is maintaining adequate insurance to meet personal injury, death and property damage claims, the city council and the police chief shall have access to the equipment, apparatus and other property, and the inventories, books, papers, accounts and records of all property and operations of the operator at all reasonable times. Every operator at all times shall keep in the city complete and accurate books and records of all property, operations, receipts and disbursements, in such form and detail as may be prescribed from time to time by the city council or the police chief.

Sec. 13-80. Filing of address; notice.

Every operator shall file with the city clerk an address in the city to which all notices required to be given to the operator under this article may be addressed. All such notices shall be deemed good and sufficient for all purposes when deposited in the United States mail in a postpaid envelope addressed to the operator at the address on file with the city clerk.

Sec. 13-81. Chauffeur’s license.

No person shall drive a livery vehicle or provide livery service for which a fee is charged, unless he shall have secured a chauffeur's license. The fee for the issuance and renewal of a chauffeur's license shall be as established by the police chief and such license shall expire on November 1, up to two years following the date of issue.

Sec. 13-82. License requirements.

Any person desiring to secure a chauffeur's license or renewal thereof shall make application in writing to the police chief. Such application shall set forth the name of the applicant , his residence and occupation, and shall be endorsed by at least two responsible citizens of the city who shall certify that the applicant is of good character and a fit person to drive or operate a public passenger vehicle.

  1. (a) Every applicant shall be 21 years of age or over.
  2. (b) Hold a valid driver’s license.
  3. (c) Provide a letter of intent from the livery owner who intends to hire this person.
  4. (d) Have at least one year of driving experience.

Upon such application, the police chief shall make a careful and diligent inquiry as to the character and record of the applicant and if it shall be found that such applicant is lacking in any of such respects, such license shall be refused. If the police chief shall be satisfied that the applicant is a fit person to be licensed, such application shall be recommended for approval to the city council . If then approved by the city council, the license shall be issued by the police chief. Such license shall have affixed thereon a picture of the licensee, and shall contain such other descriptive matter of the licensee as may be prescribed by the police chief. A duplicate of the picture and the applicant's fingerprints shall be kept on file in the police department. Such license shall be displayed at all times in the livery vehicle in plain view of the passenger.

Sec. 13-83. Suspension or revocation of chauffeur's license.

The police chief or city council may suspend any chauffeur's license for violation of traffic laws or ordinances, or any ordinance or law regulating the conduct of such chauffeur ; provided, however, that upon the suspension of any chauffeur's license by the police chief, the chauffeur shall have the right to appeal the decision of the police chief to the city council. Upon receipt of such an appeal, the city council shall consider evidence presented by the chauffeur and the city council may affirm or reverse the decision of the police chief suspending the chauffeur's license. A chauffeur’s license may be revoked by action of the city council; provided, however, that no such revocation shall be made without cause and without notice to the licensee and a hearing before the city council. Cause for revocation of a livery license shall be the violation by the operator of the statutes, rules, and regulations of the Commonwealth of Massachusetts, the United States or any ordinances, rules, or regulations of the city , the violations of which reflect unfavorably on the fitness of the operator to offer public transportation, the violation of the operator of any provisions of this article, proof of fraud or misrepresentation in obtaining the livery license, or failure to comply with the terms of the livery license or any agreement therein contained.

Sec. 13-84. Conduct of chauffeur.

It shall be unlawful for any chauffeur of a livery vehicle while on duty to carry or possess intoxicating liquor or any narcotic or dangerous drug in a livery vehicle or be under the influence of intoxicating liquor or dangerous drugs whether or not such chauffeur possesses a prescription for such narcotic or dangerous drug, or to use any profane or obscene language, to blow horn, shout or call to solicit prospective passengers, or to disturb the peace in any way. It shall be the duty of every chauffeur of a livery vehicle to obey all traffic rules established by Commonwealth of Massachusetts or local laws, rules and regulations.

Sec. 13-85. Livery vehicle license.

It shall be unlawful to operate a livery vehicle in the city without first having secured an annual livery vehicle license for each vehicle from the police chief. No livery vehicle license shall be issued to any person other than the holder of a currently valid livery license . Application for such license shall be made in writing to the police chief and shall state thereon the name of the applicant and a description of the vehicle to be licensed, name of manufacturer and vehicle identification number. Licenses shall expire each November 1 following the date of issue unless sooner terminated by the police chief. License fee shall be as established by the police chief.

The police chief shall issue a suitable sticker or tag which shall be displayed as specified by the police chief. The license shall not be transferred to any other livery vehicle.

Sec. 13-86. Revocation of license.

The revocation of the livery license shall automatically revoke all livery vehicle licenses authorized for said livery license.

Sec. 13-87. Condition of vehicles.

It shall be unlawful for the holder of a livery license to permit any vehicle to operate under said livery license unless and until each vehicle is equipped with proper heating and air conditioning, brakes, tires, lights, horn, muffler, rear vision mirror, and windshield wipers in good condition, and such other equipment as required by the statutes, rules and regulations of the Commonwealth of Massachusetts. It shall be unlawful to operate a livery vehicle that is marked with identifying information of the owner or operator. No vehicle shall be operated unless it has passed any and all city and state inspections as may be required. It shall be the duty of the police chief to inspect every vehicle so often as may be necessary for the enforcement of the provisions of this section.

Sec. 13-88. Inspection of vehicles.

No livery vehicle shall be operated unless it has been inspected by the police chief and found to be in safe condition for the transportation of passengers, clean, of good appearance and all of the provisions of this article have been complied with . All livery vehicles shall be inspected prior to renewal of the livery vehicle license , or at other times as specified by the police chief. If any licensed livery vehicle shall become unsafe for the transportation of passengers or shall become unclean in appearance, such license may be suspended by the police chief or designee, until the vehicle and all its appurtenances shall be put in fit condition for public use.

Sec. 13-89. Unlawful to operate unsafe livery vehicle.

It shall be unlawful, for the purpose of transporting passengers, for any person to drive, or move or for the owner to cause or knowingly permit to be driven or moved in the city any livery vehicle which does not contain those parts or is not at all times equipped with such equipment as is required under the terms of this article or the statutes of the Commonwealth of Massachusetts relating to passenger vehicles.

Sec. 13-90. Insurance.

No livery vehicle shall be operated unless it be insured in the amount of no less than $500,000.00 combined single limit against liability for injuries or death. Said insurance shall require ten days’ notice of termination to the city and shall name the city as a certificate holder. In the event that the operator of a livery vehicle fails to maintain such currently valid certificate or policy of insurance, the license herein provided for the operation of the livery vehicle shall likewise terminate forthwith and without further notice.

Sec. 13-91. Use in perpetration of crime.

It shall be unlawful to knowingly permit any livery vehicle to be used in the perpetration of a crime or misdemeanor.

Sec. 13-92. Livery vehicles coming into city.

No person shall be solicited or accepted in said vehicle for transportation from any place within the city unless prearranged as indicated above. Any person in control or possession of said vehicle who violates any of the provisions of this article shall be subject to the penalties as herein provided.

Sec. 13-93. No smoking in livery vehicles.

It shall be unlawful for any person to smoke any tobacco at any time in any livery vehicle . Every livery vehicle shall be posted with a "No Smoking" sign in a conspicuous location within the passenger compartment.

Sec. 13-94. Livery dispatch.
  1. (a) No livery licensee shall use the physical facilities, radio-dispatching service or goodwill of any other licensee without prior notification to the city council in writing .
  2. (b) No licensee, association of licensees, nor agents thereof, shall be allowed to dispatch a livery vehicle in response to a request for a Somerville licensed taxicab, by whatever means such request is received.
  3. (c) Nothing in this section shall be construed as prohibiting a driver of a livery vehicle licensed outside of the city from driving through the city, or from accepting or delivering within the city a passenger, passengers, packages or other items for transport, if summoned by or at the request of a client, by telephone or by radio dispatch, from within the geographic boundaries of the city, but not by direct on-street solicitation.
  4. (d) No licensee, association of licensees, nor agents thereof, shall be allowed to dispatch a livery vehicle in response to a request for a Somerville licensed livery vehicle, by whatever means such request is received, unless such vehicles are licensed in the city and the operator thereof possesses a chauffeur license issued in accordance with this article.
Sec. 13-95. Unlawful acts.

It shall be unlawful for the operator of a livery service within the city to do any of the following acts.

  1. (a) Equip a limousine with a taximeter;
  2. (b) Wait at a taxicab stand for passengers;
  3. (c) Cruise the streets or in any way attempt to solicit business on the streets.
Sec. 13-96. Penalties.

Any person who violates any of the provisions of this shall be fined in accordance with section 1-11 (b) of the Somerville Code of Ordinances. Each occurrence of a violation shall be considered a separate offense. The police chief is the enforcing authority for this section. This section shall not be construed to impair any common law or statutory cause of action or other legal remedy available to the city .

CHAPTER 14 VETERANS' AID AND PENSIONS*

*Cross reference(s) – Administration, Ch. 2.

State law reference(s) – Veterans' benefits generally, M.G.L.A . c. 115; local departments of veterans' services, M.G.L.A. c. 115, § 10 et seq.

Sec. 14-1. Veterans aid and pensions department.

There shall be a veterans' aid and pensions department under the supervision of a commissioner to be known as commissioner of veterans' aid and pensions.

Sec. 14-2. Veterans aid beneficiaries and investigations.

The commissioner of the veterans' aid and pensions department shall investigate and report to the veterans' aid and pensions committee of the city council upon all applicants and beneficiaries under and subject to all statutes pertaining to veterans' aid and pensions. He or she shall investigate, at least as often as once a year, the cases of all such beneficiaries and report thereon to said committee.

Sec. 14-3. Approval of veterans aid and pensions.

Veterans' aid and pensions shall be given to beneficiaries when authorized by said committee of the city council and, when required, with the approval of the commissioner of veterans' aid and pensions of the commonwealth .

CHAPTER 15 CODE OF CONDUCT, ETHICS AND FINANCIAL DISCLOSURE

ARTICLE I. IN GENERAL
Secs. 15-1—15-30. - Reserved.
ARTICLE II. ETHICS
Sec. 15-31. Definitions.

Whenever used in this chapter, the following terms shall have the following meanings, unless the context requires otherwise:

Adjudicatory proceeding means a formal, confidential investigation conducted by the commission, in which all parties in interest have an opportunity to be heard;

Affinity means related by marriage;

Amount means a category of value, rather than an exact dollar figure, as set forth in M.G.L.A. c.268B, § 1(a); provided, however, that the commission may adopt different categories by a roll call vote of the commission; and provided, further, that the mayor, city council and school committee shall be notified, in writing, of any such action of the commission along with reasons for such action;

Application means a proposal or similar document written to apply for any grant and/or trust fund program.

Business means any corporation, partnership, sole proprietorship, firm, franchise, association, organization, holding company, joint stock company, receivership, business trust, or other legal entity organized for profit or charitable purposes; provided, however, any relationship which would appear to be a business association to an objective, reasonable person, regardless of the formal relationship, shall be considered a "business" for the purposes of this chapter; and provided, further, that this term shall include any fee splitting arrangement with a person subject to the requirements of this chapter;

Candidate for public office means any individual who seeks nomination or election to the office of mayor, councilor or school committee;

City means the City of Somerville;

City agency or department shall have the same meaning as municipal body .

City Charter means the Charter of the City of Somerville;

City official or employee means any person performing services for the city or holding an office, position, employment or membership in a city agency, whether by election, appointment, contract of hire or engagement, whether serving with or without compensation, on a full, regular, part-time, intermittent, or consultant basis.

City solicitor means the city solicitor for the city;

Commission means the ethics commission created pursuant to this chapter;

Consanguinity means related by blood;

Designated municipal official means any of those city employees who hold the positions specified on a list submitted by the mayor to the commission by January 31 of each year; provided, however, such list shall include only those employees whose total compensation from the city for the reporting period is amongst the top 150 and who hold major policy making positions and in addition, any city employee(s) in the title of “project manager,” who shall have the responsibility for managing projects of building construction or any other public works where the total expenditure for such project is estimated or expected to exceed $1,000,000.00; provided, further, that the commission may request the mayor to add a specific position to the list and, if the mayor declines, may request the city council to add such position by a two-thirds roll call vote;

Direct and substantial interest in a particular matter shall be applied as interpreted under M.G.L.A. c. 268A, commonly known as the Conflict of Interest and Code of Conduct Law;

Elected official means the mayor, councilors and school committee of the city;

Election commission means the election commission of the city;

Equity means any stock or similar ownership interest in a business;

Gift means a payment, entertainment, subscription, advance, services or anything of value, unless consideration of equal or greater value is received; provided, however, "gift" shall not include a political contribution reported as required by law, a commercially reasonable loan made in the ordinary course of business, or anything of value received by inheritance;

Grant and/or grant funds means city funds disbursed as part of a federal or state pass-through or direct grant program by a city agency or department.

Grantee means a non-city entity that receives grant and/or trust funds from a city agency or department.

Immediate family includes a spouse and any dependent children residing in the reporting person's household;

Income means income from whatever source derived, whether in the form of a fee, salary, allowance, forbearance, forgiveness, interest, dividend, royalty, rent, capital gain, or any other form of recompense or any combination thereof; provided, however, that interest from savings accounts or from governmental obligations other than those of the commonwealth or any political subdivision thereof or any public agency or authority created by the general court, alimony and support payments, proceeds from a life insurance policy, retirement or disability benefits, and social security payments shall not be considered income for the purposes of this chapter;

Municipal body means any agency, authority, board, bureau, commission, committee, council, department, division, school department, or other legal entity within the government of the city;

Municipal election means any preliminary, final or special election where the name of the relevant party shall appear on the ballot;

Person means a business, individual, corporation, union, association, firm, partnership, committee, or other organization or group of persons;

Preliminary inquiry means an informal, confidential investigation conducted by the commission, which may or may not accept written or verbal testimony;

Relative means any person related within the third degree of consanguinity or affinity; and

Reporting person means any person required to file a statement pursuant to this chapter.

Subgrantee means a non-city entity that receives city grant and/or trust funds from a grantee or from another subgrantee.

Trust and trust funds means city funds disbursed from a municipally established trust fund.

Sec. 15-32. Ethics commission.
  1. (a) There is hereby established a Somerville Ethics Commission composed of five members. Two members shall be appointed by the mayor and subject to approval of the city council , one member shall be appointed by the city council and subject to approval of the mayor, one member shall be appointed by the elected school committee members, exclusive of the ex-officio members, and subject to approval of the city council, and one member shall be the election commissioner. The chair of the commission shall be elected by the members annually and the commission may select other officers from amongst its members as it deems necessary and appropriate, including but not limited to a vice chair and clerk.
  2. (b) With the exception of the election commissioner, members of the commission shall serve for terms of three years. The election commissioner shall serve ex-officio as a voting member.
  3. (c) No member of the commission shall receive compensation for service on the commission. However, any reasonable expenses may be reimbursed in a manner similar to and subject to the same rules for reimbursement as all other municipal employees.
  4. (d) Not less than 30 days prior to making any appointment to the commission, with the exception of the election commissioner, the appointing authority shall give public notice that a vacancy on the commission exists.
  5. (e) No member or employee of the commission shall: (1) Hold or be a candidate for any elected office which represents any portion of Somerville while a member or employee or for one year thereafter; (2) Hold office in any political party or political campaign; or (3) Participate in or contribute to the political campaign of any candidate for elected office which represents any portion of Somerville.
  6. (f) With the exception of the election commissioner, members of the commission may be removed by a two-thirds roll call vote of the city council, two-thirds roll call vote of the elected school committee members, exclusive of the ex-officio members, and approval of the mayor; provided, however, that reasons for said removal are filed, in writing , with the city clerk and the chair of the commission; and provided, further, that such filing is signed by each elected official voting in favor of said removal; and provided, further, that acceptable reasons for such removal shall include, but are not limited to, substantial neglect of duty, inability to discharge the powers and duties of office, violations of subsection (e) of this section, gross misconduct and conviction of a felony.
  7. (g) Any vacancy shall be filled within 90 days by the relevant appointing authority. The person appointed shall serve the unexpired portion of the original term.
  8. (h) Three members of the commission shall constitute a quorum and at least three affirmative votes shall be required for any action or recommendation of the commission, unless otherwise specified in this chapter. The chair or any three members may call a meeting.
  9. (i) The commission shall annually report to the mayor, city council and school committee concerning all matters pertaining to its mission. The annual report shall be filed within 30 days after the filing deadline, as set forth in section 15-37 of this chapter.
  10. (j) The commission may request the administrative support and cooperation of any municipal agency or department. Each such agency and department shall endeavor to meet any such request and any reasonable request shall not be denied. Any refusal to provide such support must be stated in writing to the commission with reasons for such denial.
  11. (k) The election commissioner shall be the custodian of all records for the commission.
  12. (l) In order to provide the commission with stability and independence, the terms of the original members, except for the election commissioner, shall be staggered as follows: (1) The original term of mayor's first appointee shall expire on June 30, 1998; (2) The original term of the mayor's second appointee shall expire on June 30, 1999; (3) The original term of the city council's appointee shall expire June 30, 2000; (4) The original term of the school committee's appointee shall expire June 30, 1999.
  13. (m) Each member of the commission is hereby designated a special municipal employee for the purposes of M.G.L.A . c. 268A.
Sec. 15-33. Ethics commission duties.
  1. (a) The ethics commission may request funding from the mayor and city council which shall be subject to appropriation in the ordinary manner.
  2. (b) The commission may request the appointment of special counsel or other employees to enforce this chapter; provided, however, that any such request must state the reason why current city employees are unable, unwilling or inappropriate to perform the relevant duties. Any such appointment is subject to approval by the mayor and confirmation by the city council.
  3. (c) The commission shall: (1) Prepare and publish rules and regulations to carry out the purposes of this chapter, including but not limited to rules of procedure governing the commission; (2) Prepare and publish, after giving the public an opportunity to comment, forms for the statements and reports required to be filed by this chapter, such forms to be made available to the public for comment at least 60 days prior to the official publication of any revision of such forms made after January 1, 2000; (3) Make such forms and instructions for same available to any and all persons required to file pursuant to this chapter; (4) Prepare and publish methods of accounting and reporting to be used by persons required to file forms pursuant to this chapter; (5) Make statements and reports filed with the commission available for public inspection and copying during regular office hours upon the written request of any individual who provides identification acceptable to the commission, including affiliations, if any, at a charge not to exceed the actual administrative and material costs required in reproducing said statements and reports; provided, however, that the commission shall forward a copy of said request to the person whose statement has been examined; (6) Compile and maintain an index of all reports and statements filed with the commission; (7) Inspect all statements and reports filed with the commission in order to ascertain whether the requirements of this chapter and relevant rules and regulations have been fulfilled; (8) If the commission determines that a statement or report is deficient in any way, the commission shall, in writing, notify the filer of the details of said deficiency and the penalties for failure to comply with this chapter within ten days of receipt of such notification; (9) Upon written request from a person who is or may be subject to the requirements of this chapter, render a written advisory opinion on the application of the chapter to a specific situation; provided, however, if the commission determines the request is frivolous, it may decline to render such an advisory; provided, further, an opinion rendered by the commission, until and unless amended or revoked, shall be a defense to any subsequent action brought against the person under this chapter and shall be binding on the commission concerning the person who requested the opinion and acted in good faith in reliance upon said opinion, unless material facts were omitted or misstated by the person in the request for the opinion; provided, further, such request shall be confidential; and provided, further, the commission may publish such opinions, but the name of the requesting person and any other identifying information shall not be included in such publication; (10) Preserve all statements and reports filed with the commission for a period of six years from the date of receipt; (11) Make copies of M.G.L.A . c. 268A readily available to all municipal employees and provide assistance in compliance with same; and (12) Act as the primary enforcement agency for violations of this chapter.
Sec. 15-34. Ethics commission investigations.
  1. (a) Upon receipt of a sworn statement signed under the penalty of perjury, or upon the receipt of evidence which is deemed sufficient by the affirmative vote of at least three members of the commission or by a vote of no less than four commissioners, the commission may initiate a preliminary inquiry into any alleged violation of this chapter.
  2. (b) Within three business days of the commencement of a preliminary inquiry into an alleged violation of this chapter, the commission shall notify the person who is the subject of such inquiry of the existence of same, the general nature of the alleged violation and copies of the sworn statement, if any, filed with the commission; provided, however, no preliminary investigation shall be commenced by the commission within 30 days prior to a municipal election unless specifically authorized by a vote of no less than four commissioners.
  3. (c) If the preliminary inquiry fails to indicate reasonable cause for belief that this chapter has been violated, the commission shall immediately terminate the inquiry and so notify, in writing , the complainant, if any, and the person who has been the subject of the inquiry within three business days of such termination; provided, however, that such notification shall include a notice about the confidentiality of the proceedings and the penalties for violating such confidentiality.
  4. (d) If the preliminary inquiry indicates reasonable cause for belief that this chapter has been violated, the commission may initiate an adjudicatory proceeding to determine whether there has been such a violation. The commission shall notify, in writing, the complainant, if any, and the person who has been the subject of the inquiry of its action pursuant to this subsection within three business days of such initiation; provided, however, that such notification shall include a notice about the confidentiality of the proceedings and the penalties for violating such confidentiality.
  5. (e) All commission proceedings and records relating to all investigations shall be confidential until such time as the matter is finalized; provided, however, that the commission may turn over to any duly authorized authority any documents or evidence it deems necessary and appropriate to enforce this chapter. All adjudicatory proceedings and all discussion of preliminary inquiries by the commission shall be held in executive session, unless the person subject to such proceeding requests, in writing, that it be open to the public. Once an investigation is finalized, if a violation is found, the commission may determine which, if any, documents, records and actions shall be made public. If no violation is found, all documents, records and actions of the commission shall remain confidential, unless otherwise requested by the person who has been the subject of the investigation.
  6. (f) The commission may hear testimony or receive other evidence in its proceedings. All testimony in such proceedings shall be under oath, subject to the penalties of perjury. All parties shall have the right to call and examine witnesses, to introduce exhibits, to cross examine witnesses who testify, to submit evidence, and to be represented by counsel. Before testifying, all witnesses shall be given a copy of the regulations governing commission proceedings. All parties and witnesses shall be entitled to be represented by counsel.
  7. (g) Any person whose name is mentioned during an adjudicatory proceeding of the commission and who may be adversely affected thereby may appear personally before the commission on their own behalf, with or without counsel, to give a statement in opposition to such adverse mention or file a written statement of such opposition for incorporation into the record of the proceeding.
  8. (h) Within 30 days after the end of an adjudicatory proceeding, the commission shall make a determination whether a violation of this chapter occurred and what, if any, penalty shall be imposed. Within ten business days after said determination, the commission shall publish a written report of its findings and shall forward said report to the person who has been the subject of the inquiry, the mayor , the city council and the school committee. The commission may vote to delete any specific information it may deem appropriate from these reports, including but not limited to names, addresses and other information which may identify a specific person who has not violated this chapter or other federal, state or local laws.
  9. (i) Upon a finding pursuant to an adjudicatory proceeding that there has been a violation of this chapter, the commission may issue an order requiring the violator to: (1) Cease and desist such violation; (2) File any statement or report as required by this chapter; (3) Pay a fine; or (4) Take any other action deemed appropriate by the commission.
  10. (j) The commission may file a civil action in superior court to enforce any orders pursuant to this chapter.
  11. (k) Any final action by the commission shall be subject to review in superior court upon petition of any party in interest which is filed within 30 days after the action for which review is sought. The court may enter a judgment enforcing, modifying or setting aside the action of the commission or it may remand the matter back to the commission for such further action as the court may direct. If the court modifies or sets aside the commission's order or remands the proceedings to the commission, the court shall determine whether such modification, set aside or remand is substantial. If the court does find such modification, set aside or remand to be substantial, the person who has been the subject of the inquiry may request the court to award a reimbursement from the city for reasonable attorney's fees and costs incurred in the defense of the charges contained in the proceeding. No reimbursement shall exceed $10,000.00 per person, per case.
Sec. 15-35. Ethical conduct and improper influence.

No elected official or designated municipal official shall make, participate in making or in any way attempt to use their office or the authority of their office to influence or affect any city governmental decision or action in which such official knows or has reason to know that the official or any member of the official's immediate family has any economic interest. Nothing in this section shall be interpreted to preclude any elected official from voting on ordinary and reasonable salary or budgetary items that do not violate state law and have been properly disclosed pursuant to the requirements of this chapter.

All municipal officials covered by the chapter shall at all times in the performance of, and within the scope of, their public duties owe a fiduciary duty to the city.

Sec. 15-36. Ethical conduct and disclosure of confidential information.

No current or former elected official or other municipal employee shall use or disclose, other than in the performance of his official duties and responsibilities, or as may be required by law, confidential information gained in the performance of their office. For the purposes of this section, "confidential information" means any information that is not generally available to the general public or could not be obtained from public records pursuant to M.G.L.A . c. 66, § 10 commonly known as the Freedom of Information Act.

Sec. 15-37. Statement of financial interests.
  1. (a) Beginning in calendar year 1999, every elected official shall file a statement of financial interests for the preceding calendar year with the commission . In even numbered years, the statement of financial interests shall be filed no later the last Tuesday in May. In odd numbered years, the statement shall be filed no later than the last day for filing nomination papers for the municipal election . Such statements shall be filed during the year in which said official first enters elected office, during each year said official holds such office, and during the first year after said official leaves such office; provided, however, that no elected official shall be required to file a statement of financial interests for a year in which such office was held for less than 30 days. Nothing in this chapter shall be construed to require the filing of a statement of financial interests by any person who is an elected official during calendar year 1998 but is not a candidate for elected office during that year.
  2. (b) Beginning in calendar year 1999, every candidate for elected office shall file a statement of financial interests for the preceding calendar year with the commission. The statement of financial interests shall be filed no later than the last day for filing nomination papers for the relevant election. At the time any person first receives nomination papers for elected office subject to this chapter, the election commission shall provide a copy of this chapter and any other related material deemed appropriate.
  3. (c) Beginning in calendar year 1999, if a person does not file nomination papers on or before the last day they are due, yet any member of the election commission has reason to believe the person may be a "write in" or "sticker" candidate, said election commission shall meet to determine whether such person is, in fact, a candidate. If the election commission schedules a meeting to determine whether a person is a candidate pursuant to this subsection, it shall notify said person, in writing , at least seven days prior to the meeting and said person shall have the right to be heard in a manner consistent with the election commission's rules of procedure. The election commission shall find that a person is a candidate if the person or any person acting on behalf of that person has taken any public action to advance the person's chances to be elected to an office, including but not limited to public statements of candidacy or seeking support for such candidacy, public advertisements, distribution of campaign brochures, filed campaign finance documents, or taken any action that will require the filing of such documents at a later time pursuant to the requirements of the M.G.L.A . c. 55. Upon determination that a person has become a candidate for elected office and, therefore, subject to this section, the election commission shall notify the candidate, in writing, of the requirements of this section and shall notify the ethics commission, in writing, of the name and address of said candidate and the date the person was notified of being considered a candidate. Any person determined to be a candidate pursuant to this section shall file a statement of financial interests for the preceding calendar year with the commission within ten days after receiving notice of the vote of the election commission; provided, however, no statement shall be required earlier than the last day nomination papers for the relevant office are due.
  4. (d) Beginning in calendar year 1999, every designated municipal official shall file a statement of financial interests for the preceding calendar year with the commission; provided, however, that no designated municipal official shall be required to file a statement of financial interests for a year in which such position was held for less than 30 days. In even numbered years, the statement of financial interests shall be filed no later the last Tuesday in May. In odd numbered years, the statement shall be filed no later than the last day for filing nomination papers for the municipal election. The commission may vote to delay the implementation of this subsection; provided, however, the reasons for such delay are stated, in writing, to the mayor , city council and school committee no later than December 31, 1998.
  5. (e) Any person who is required to file a statement of financial interests pursuant to this chapter and is also required to file a statement of financial interest pursuant to M.G.L.A. c. 268B shall be deemed to have complied with the requirements of this chapter if the person files a certified copy of the state report with the commission either by the dates required pursuant to said M.G.L.A. c. 268B or those required pursuant to this chapter, whichever is later.
  6. (f) Upon receipt of a statement of financial interests filed pursuant to this chapter, the commission shall issue to the person filing such statement a receipt verifying the fact that a statement of financial interests has been filed and a receipted copy of such statement.
  7. (g) The statement of financial interests filed pursuant to the requirements of this chapter shall be on a form prescribed by the commission and shall be signed under the penalty of perjury by the reporting person .
Sec. 15-38. Content of statement of financial interests.

Reporting persons shall disclose, to the best of their knowledge, the information required in this section for themselves and members of their immediate family . Whenever this section specifies a requirement of the reporting person, such requirement shall be equally applicable to that reporting person's immediate family as well, unless otherwise specified in the text. The information required by this section is as follows:

  1. (1) The name and address of, the nature of association with, the share of equity in, if applicable, and the amount of income if greater than $1,000.00 derived from each business with which the reporting person is associated or from which the reporting person or reporting person's immediate family received a salary; provided, however, that the reporting person need not report an ownership or equity interest in a business in which the reporting person or the reporting person's immediate family owns or otherwise controls five percent or less of the business; (2) The identity of all securities and other investments with a fair market value of greater than $1,000.00 as of the last date held during the reporting period which are beneficially owned by the reporting person, not otherwise reportable hereunder, and the amount of income if greater than $1,000.00 from any such security; provided, however, that such securities need not be reported if the beneficial interest represents five percent or less of the total interest held in the related entity; and provided, further, that such securities need not be reported if they are held as part of a mutual fund, deferred compensation fund, individual retirement fund, certificate of deposit, or some other generalized fund which is open to public investment; (3) The name and address of each creditor to whom more than $1,000.00 was owed by the reporting person at anytime during the reporting period and the original amount, the amount outstanding, the terms of repayment, and the general nature of the security pledged for each such obligation, except the original amount and the amount outstanding need not be reported for a mortgage on the reporting person’s primary residence; provided, however, that obligation arising out of retail installment transactions, educational loans, medical and dental expenses, debts incurred in the ordinary course of an active and ongoing business, and any obligation to make alimony or support payments, shall not be reported; and provided, further, that such information need not be reported if the creditor is a relative of the reporting person or any member of said person’s immediate family within the third degree of consanguinity or affinity ; (4) The name and address of the source, and cash value of any reimbursements for expenses aggregating more than $100.00 in the calendar year if the source of such reimbursement is a person having a direct and substantial interest in a particular matter before a municipal body ; provided, however, that this subsection shall apply only to those situations that are not in violation of M.G.L.A . c. 268A; (5) The name and address of the donor and fair market value, if determinable, of any gift aggregating more than $100.00 in the calendar year, if the source of any such gift is a person having a direct interest in any matter before a municipal body; provided, however, that no such gifts need be reported if the person making the gift is a relative of the reporting person or any member of said person's immediate family within the third degree of consanguinity or affinity; and provided further, that this subsection shall apply only to those situations that are not in violation of M.G.L.A. c. 268A; (6) The description and value, as appearing on the most recent property tax bill, of all real property with an assessed value greater than $1,000.00 as of the last date held during the reporting period which is beneficially owned by the reporting person; provided, however, that such real property need not be reported if the beneficial interest represents five percent or less of the total interest held in the related property; and provided, further, if the property was transferred during the reporting period, the name and address of the person furnishing consideration to the reporting person or the reporting person’s immediate family or receiving consideration from same in respect to the transfer; (7) The name and address of the source, and the fair market value, of any honoraria aggregating more than $100.00 if the source of such honoraria is a person having a direct and substantial interest in a particular matter before a municipal body; provided, however, that this subsection shall apply only to those situations that are not in violation of M.G.L.A. c. 268A; (8) The name and address of any creditor who has voluntarily forgiven an indebtedness of over $1,000.00, and the amount forgiven; provided, however, that no such information need be reported if the creditor is a relative of the reporting person or any member of said person's immediate family within the third degree of consanguinity or affinity; (9) The name and address of any business from which the reporting person or any member of the reporting person's immediate family is taking a leave of absence; (10) The identity of any equity in a business with which the reporting person or any member of the reporting person's immediate family is associated which has been transferred to another person during the year; provided, however, that items need not be reported if the beneficial interest represents five percent or less of the total interest held in the related entity; (11) The date, nature, and amount or value of any commercial or business transaction, including but not limited to loans, equal to or exceeding $250.00 between any municipal official and the reporting person; (12) The name, address and nature of association of any clients and customers of the reporting person or the reporting person's immediate family who have a direct and substantial interest in a particular matter before a municipal body; provided, however, this information need not be reported if the amount paid, owed or accrued by the client or customer during the reporting period does not exceed $250.00; and provided, further, this subsection shall apply only to those situations that are not in violation of the M.G.L.A. c. 268A; (13) The name, address and nature of association of any clients and customers of any business associate of the reporting person or the reporting person's immediate family; provided, however, that said client or customer has a direct and substantial interest in a particular matter before a municipal body; provided, further, this information need not be reported if the amount paid, owed or accrued by the client or customer during the reporting period does not exceed $250.00; and provided further, that this subsection shall apply only to those situations that are not in violation of the M.G.L.A. c. 268A; (14) The name, address, job title, any change in title, job description or pay, and year of original hire of any relative of the reporting person or the reporting person's immediate family who received pay from the city as an employee during the reporting period; provided, however, that such information need not be reported if the relative is not within the third degree of consanguinity or affinity; and provided, further, that any relative who is retired and receiving no pay from the city other than retirement pay for more than six months during the reporting period need not be included in the statement; (15) The name, address, amount of payments received during the reporting period, and year of original agreement of any relative of the reporting person or the reporting person's immediate family who received payment from the city as a contractor during the reporting period; provided, however, that such information need not be reported if the relative is not within the third degree of consanguinity or affinity; (16) The name, address, job title, any change in title, job description or pay, and year of original hire of any relative of any business associate of the reporting person or the reporting person's immediate family who received pay from the city as an employee during the reporting period; provided, however, that any person who is retired and receiving no pay from the city other than retirement pay for more than six months during the reporting person need not be included in the statement; and (17) The name, address, amount of payments received during the reporting period, and year of original agreement of any relative of any business associate of the reporting person or the reporting person's immediate family who received payment from the city as a contractor during the reporting period.

Nothing in this section shall be construed to require the disclosure of information which is privileged by law; provided, however, that the statement of personal financial interests includes a notice that there is information being withheld pursuant to this paragraph and the category such information would have fallen into if it had been reported.

Sec. 15-39. Retribution.

No person shall be subject to any municipal action of any sort for filing a complaint with or providing information to the commission or testifying in any commission proceeding. Any person determined to have engaged in such prohibited retribution by the commission shall be punishable by a fine of not more than $300.00 per violation per day and other disciplinary action as may be appropriate.

Sec. 15-40. Interest in city business.

No city official , elected or appointed, or employee shall hold or acquire a financial or beneficial interest, direct or indirect, personally or through a member of his or her immediate family , in any contract, work, grant or business of the city’s purchase of any property, real or personal, whenever the expense, price or consideration of the contract, work, grant, business or sale is paid with funds belonging to or administered by the city , or is authorized by ordinance. Compensation for property taken pursuant to the city's eminent domain power shall not constitute a financial interest within the meaning of this section. This section shall be interpreted consistent with Massachusetts General Laws and regulations of the State Ethics Commission .

Sec. 15-41. Conflicts of interest; appearance of impropriety.

City officials and employees shall not make or participate in the making of any decision with respect to any matter in which he or she, or in which an immediate family member, has an economic interest distinguishable from that of the interest of the general public, pursuant to applicable Massachusetts General Laws and regulations of the State Ethics Commission .

Sec. 15-42. Grant and trust funds: administration, oversight and reporting requirements.
  1. (a) Conflict of interest prohibited . No employee, officer or agent of the grantee shall participate in any particular matter, including, but not limited to, the selection, or in the award or administration of a contract, grant or subgrant, or employment agreement administered by way of funds received by the city if a conflict of interest, real or apparent, would arise. Such a conflict would arise when: (1) An employee, officer or agent; or (2) Any member of his or her immediate family ; or (3) A business organization in which he is serving as officer, director, trustee, partner or employee; or (4) Any person or organization with whom he is negotiating or has any arrangement concerning prospective employment, has a financial or other interest in the person or entity selected for an award, or a contract, grant, subgrant or employment agreement of the grantee or the funds for which originate from or are awarded through the city. The intent of this section is that all grantees, and their employees, officers or agents are hereby subject to this ethics ordinance and the conflict of interest law and its prohibitions, and exceptions thereto, as set out in the conflict of interest law, Massachusetts General Laws Chapter 268A, and State Ethics Commission regulations. The city’s ethics commission may by regulation provide additional requirements relative to real, apparent, or potential conflicts of interest.
  2. (b) Written disclosure required . Applicants for grant and/or trust funds administered by the city must fully disclose, as part of its application submission, any conflict of interest or potential conflict of interest arising from or relating to the proposed grant or trust disbursement, whether real or apparent. In addition, every grantee shall disclose: (1) the identity and association of all officers, employees, contractors, subgrantees or other persons providing any type of service in relation to the proposed grant activity, the nature of the service provided, the value of said service, and the extent to which city funds support said service; and (2) whether the grantee or any of the persons or entities identified in subsection (1) has had any grant, contract, or other agreement with a federal, state and/or local agency terminated within the last three years. This disclosure requirement shall be a continuing obligation for all grantees of city funds during the term of any grant, and grantees are required to make a written disclosure to the city immediately as to any circumstances which constitute a potential or actual conflict of interest. The city will include a relevant provision in its application materials.
  3. (c) Conflict of interest policy . Every grantee shall file with the city agency or department disbursing funds to the grantee a copy of that grantee's policy addressing conflicts of interest that may arise involving the grantee's management, employees and the members of its board of directors or other governing body. The policy shall address situations in which any of these individuals may directly or indirectly benefit, except as the grantee's employees or members of its board or other governing body, from the grantee's disbursing of city funds, and shall include actions to be taken by the grantee or the individual, or both, to avoid conflicts of interest and the appearance of impropriety. To the extent permitted by law, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by the grantee's officers, employees, or agents, or by contractors or their agents. The policy shall be filed with the city as part of the grant application, prior to the parties executing an agreement to disburse the grant funds. Should the policy be revised during the grant term, a copy of the revised policy shall be submitted to the city within 30 days of being revised.
  4. (d) Suspension and recovery of funds to grant recipients for noncompliance . The city, after consultation with the administering city agency or department, may suspend disbursement of grant or trust funds to grantees or subgrantees, to prevent further use of grant or trust funds already disbursed, and to recover grant or trust funds already disbursed for noncompliance with this section or any rules adopted pursuant thereto, as well as report any nonfeasance, malfeasance or misfeasance to the funding source.
  5. (e) Audit oversight . The city auditor has audit oversight, with respect to grant and/or trust funds received by the grantee or subgrantee, of every grantee or subgrantee that receives, uses, or expends city grant and/or trust funds. A grantee or subgrantee must, following receipt of a reasonable request, furnish to the city auditor for audit all books, records, and other information necessary for the city auditor to account fully for the use and expenditure of grant or trust funds received by the grantee or subgrantee. The grantee or subgrantee must furnish any additional financial or budgetary information requested by the city auditor, including audit work papers in the possession of any auditor of a grantee or subgrantee directly related to the use and expenditure of grant and/or trust funds no later than 21 days after the date of request. In addition, the following audit requirements shall apply: (1) Audit requirement for grants of $25,000 or more. A grant recipient must submit, to the city auditor, annual financial statements inclusive of the grant, audited by a certified public accountant licensed in Massachusetts within 120 days of the grantee’s fiscal year-end. The audit report must be accompanied by a management letter, if one is prepared by the auditor, and a copy of the organization's final budget for the period. (2) Audit requirement for grants of less than $25,000 . An audit is recommended but not required by the city. If a grant recipient does receive an audit, however, the audit and any management letter shall be submitted to the city within 120 days following the end of the grantee fiscal year. If the grant recipient does not receive an audit, the city shall have the right to request an accounting of grant funds if in the opinion of the city auditor, or other financial officer, it is reasonable to request same.
  6. (f) Accounting procedures . A grant or subgrant recipient must maintain accounting systems, preferably in electronic form, that follow generally accepted accounting principles. Accounting systems shall at a minimum comply with the following requirements: (1) maintain accurate, current and complete records in a form that is satisfactory to the city, including, but not limited to, records of all types of expenses and income or other funds relating to the grant; (2) have adequate internal controls to assure protection of all assets; and (3) designed and able to show in detail the organization's assets, liabilities, equities , actual and budgeted revenues, and expenditures.
  7. (g) Consistent with applicable laws . This section shall be interpreted consistent with any federal, state or local laws and regulations and grant conditions and terms.
Sec. 15-43. Conflict with other laws.

In the event of any conflict or inconsistency of the ordinance [from which this section derives] with any state law or regulation, the provision of broadest or most strict coverage shall control. No provision of the ordinance [from which this section derives] shall be construed so as to be inconsistent with state law.

Sec. 15-44. Enforcement and penalties.
  1. (a) If the commission determines that a person has failed to file a statement of personal financial interests, the commission shall notify, in writing , the person of the findings within ten days of such finding. The notice shall state the penalties for failure to file a correct statement pursuant to this chapter and shall include a copy of this chapter, necessary forms and any other documents the commission deems appropriate. The commission shall convene to consider whether all required forms have been filed and any other matters no later than ten days after the filing deadline each year.
  2. (b) Failure of a reporting person to file a statement of personal financial interests which complies with the requirements of this chapter within ten days after receiving notice pursuant to subsection (a), above, or subsection 15-33 (c)(8) of this chapter, shall constitute a violation of the chapter and the commission shall commence enforcement action as it deems appropriate; provided, however, that the commission may grant an extension to comply with the chapter if the reporting person so requests, in writing, within the ten-day period; provided, further, that any extension of time so granted shall not exceed 30 days unless such longer extension is supported by a unanimous vote of the commission and, if so supported, such longer extension shall be to a time certain and may not be further extended; and provided, further, the commission's reasons for granting an extension beyond the original ten-day period shall be placed in the reporting person's file, in writing.
  3. (c) Any violation of this chapter shall be punishable by a fine of not more than $300.00 per violation per day. Violations shall include, but are not limited to, violations of subsection (b), above, violations of the confidentiality of the commission, and any person who willfully affirms or swears falsely in regard to any material matter before a commission proceeding or who files a false statement of personal financial interests.
  4. (d) Any violation of the provisions of this chapter in connection with any municipal action or decision may be grounds for revocation, suspension or reversal of such municipal action or decision.
  5. (e) Nothing in this chapter shall be construed to prohibit the city from commencing a civil action in an appropriate court of the commonwealth to enforce the provisions of this chapter or to collect any fines assessed under its provisions.
  6. (f) Nothing in this chapter shall be construed to prohibit any duly authorized governmental agency from commencing a civil or criminal action in an appropriate court of the commonwealth to enforce the provisions of this chapter, to collect any fines assessed under its provisions or to enforce the provisions of any related state or federal laws.
Secs. 15-45-15-70. Reserved.
ARTICLE III. PAY TO PLAY AND CAMPAIGN CONTRIBUTION ORDINANCE
Sec. 15-71. Definitions.

Applicant means a person who has filed an application with the City of Somerville or any city-related agency in any of the following situations:

  1. (1) Seeking to enter into a contract;
  2. (2) Seeking approval for a special permit with site plan review or approval of a planned unit development as set forth in section 15-72 herein;
  3. (3) Seeking to acquire real estate from, or dispose of real estate to, the city or any city-related agency; or
  4. (4) Seeking financial assistance from the city.

City-related agency means all departments of the city, as well as any authorities and quasi-public corporations that receive appropriations from the city, such as the Somerville Redevelopment Authority.

Contractor means a person who has entered into a contract with the city or any city-related agency.

Contribution means a donation of money or of in-kind goods and services as further defined in Massachusetts General Laws Chapter 55, Section 1.

Financial assistance means any grant, loan, tax incentive, bond financing proceeds used to purchase land or fund expenses for improvements made to land or real estate, or other form of assistance that is realized by or provided to a person in the amount of $50,000.00 or more through the authority or approval of the city or a city-related agency, including, but not limited to, tax increment financing aid, district improvement financing aid, industrial development bonds, or community development block grant aid.

Contract means a signed, written contract in excess of $25,000.00 for goods or services to which the city or a city-related agency is a party, except where the agreement is required by law to be awarded pursuant to a competitive bidding process under applicable law, or where the agreement constitutes a sole source procurement under Massachusetts General Laws Chapter 30B, Section 7.

Person means an individual, corporation, limited liability company, partnership, association, joint venture, or any other legal entity.

Sec. 15-72. Mandatory disclosure for applicants.
  1. (a) Before the city may enter into any contract with an applicant as defined in subsection 15-71 (a)(1), the applicant must file a complete mandatory disclosure form with the contracting entity.
  2. (b) At the time that an applicant seeks approval for a special permit with site plan review or approval of a planned unit development, as those terms are defined in the Somerville Zoning Ordinance, with respect to new construction or renovation in excess of 15,000 square feet, the applicant must file a complete mandatory disclosure form with the board hearing the application.
  3. (c) At the time that an applicant submits a bid or submits a response to a request for proposals in connection with the acquisition of real estate owned by, or disposition of real estate to, the city or a city-related agency , the applicant must file a complete mandatory disclosure form with the city agency seeking to dispose of or acquire the property. If the applicant is otherwise seeking to acquire real estate from, or dispose of real estate to, the city or from a city-related agency, then the applicant must submit a complete mandatory disclosure form prior to obtaining title to such real estate.
  4. (d) At the time the applicant files an application for financial assistance , the applicant must file a complete mandatory disclosure form with the city agency that would provide such financial assistance.
  5. (e) Such mandatory disclosure form shall be open to and available for inspection to the public. Such form shall be signed under the pains and penalties of perjury by the applicant and shall include the following information: (1) The name, address, email address, telephone number of the applicant and of all of its principals, chief executive officer, president, chief financial officer, treasurer, chief operating officer, chief procurement officer, directors, or persons performing similar functions, or shareholders in excess of ten percent and managing agent to the extent applicable. (2) All contributions made by the applicant during the 12 months prior to the application to any person who was a candidate for elective office of the City of Somerville by stating the name of the person who made the contribution, the candidate who received the contribution, and the date and amount of each such contribution. The attribution rules of section 15-73 below shall apply to the contributions that must be disclosed. For purposes of this article, elected office of the City of Somerville shall mean the mayor, councilors, and school committee of the city. Contributions made before the adoption of this article are not required to be disclosed on this form. (3) The names, business addresses and phone numbers of all subcontractors that the applicant intends to use on the contract and the amount or percentage to be paid to such subcontractor. (4) A certification by the applicant that if the applicant is awarded the item that is applied for under subsections (a), (b), (c), or (d) above in this section, that the applicant and anyone attributed to the applicant or any subcontractor used on the contract shall not make any contribution in any calendar year in an amount in excess of $500.00 to any individual incumbent or to any individual candidate for elective office of the City of Somerville for the next four calendar years following the award of the item, or for the duration of the term of any contract, whichever is longer.
Sec. 15-73. Attribution rules.
  1. (a) Where a person is an individual, any contributions made by the individual, any spouse of the individual, and any children of the individual.
  2. (b) Where a person is not an individual but a corporation, partnership or limited liability corporation, then any contributions made by any of its chief executive officer, president, chief financial officer, treasurer, chief operating officer, chief procurement officer, directors, members, managers, principals, or persons performing similar functions, or shareholders in excess of ten percent, and their spouses and children.
Sec. 15-74. Eligibility.
  1. (a) No applicant shall be entitled to obtain the award of any of the items applied for as referenced in section 15-72 , if such applicant, including those who would be attributed to the applicant under section 15-73 above or any subcontractor used on a contract , has made a total contribution of more than $500.00 to any individual candidate for elected office of the City of Somerville or incumbent in either the calendar year of the application or the calendar year preceding the application, provided, however, that the restriction of eligibility with regard to contributions made prior to the year preceding the application shall not apply to any contributions made in the calendar year preceding the adoption of this article and shall only go forward beginning with the year of adoption of the article. No contribution made prior to the effective date of this article shall be deemed to give rise to a violation or penalty under this article.
  2. (b) No contract may be renewed, extended, or materially amended, unless the resulting renewal, extension, or amendment, would be allowable under the provisions of this article if it were an initial contract.
  3. (c) The applicant and anyone attributed to the applicant under section 15-73 and any subcontractor used on the contract shall not make any contribution to any incumbent or to any candidate for elective office of the City of Somerville in excess of $500.00 per year for the next four calendar years following the award of the item, or for the duration of the term of any contract, whichever is longer.
Sec. 15-75. Penalties.

The city shall deny the award of any of the items referenced in section 15-72 as sought by an applicant if it is found that an applicant made a material misstatement on the mandatory disclosure form or if the applicant fails to comply with the provisions of subsection 15-72 (e)(4) above. If a contract is awarded, it shall be a material breach of the terms of any contract where an applicant which is a party to such contract made any contribution in violation of this article. For all other violations, the applicant shall be fined for each violation of this article in accordance with section 1-11 . The enforcing authority shall be the ethics commission or auditor.

Sec. 15-76. Refund of contribution.

An applicant may cure a contribution which violates this article if, within 30 days after the date on which an applicable office of campaign and political finance report is required to be filed which contains a contribution in violation of this article, the applicant requests a refund in writing from the candidate or incumbent who received the contribution, and within 30 days of the request, the applicant receives a refund of a contribution from the incumbent or any candidate for elective office in the City of Somerville, or political committee for such incumbent or candidate. Notwithstanding the above, if there is a contribution in violation of this article, the candidate or incumbent shall refund the contribution within 30 days of receipt of a request for refund, provided that funds are otherwise available in the campaign account of the candidate or incumbent. This article shall be interpreted and applied consistent with all applicable federal and state laws and regulations.

Sec. 15-77. Effective date.

This article shall take effect on January 1, 2017.

CODE COMPARATIVE TABLE 1963 CODE

This table gives the location within this Code of those sections of the 1963 Code, as updated through November 26, 1985, which are included herein. Sections of the 1963 Code, as supplemented, not listed herein have been omitted as repealed, superseded, obsolete or not of a general and permanent nature. For the location of ordinances adopted subsequent thereto, see the table immediately following this table.

Section Section this Code Section Section this Code
1-1, 1-2 1-1 , 1-2 10-6 13-44
1-4, 1-5 1-5 , 1-6 10-7 13-20
1-6 1-4 10-8 13-39
1-7 1-7 13-45
1-8 1-13 10-9, 10-10 13-46 , 13-47
1-9 1-3 10-12-10-16 13-3 - 13-7
1-10 1-15 10-17 13-48
1-11 1-12 10-18 13-43
1-12 1-16 10-19-10-23 13-8 - 13-12
1-13 1-11 10-24 13-13
1-14 1-17 13-60
1-15 1-19 10-25 13-14
1-16 1-18 10-26 13-49
2-1 2-21 , 2-22 10-28-10-30 13-15 - 13-17
2-1A 2-23 10-31 13-50 - 13-52
2-3 2-24 10-32, 10-33 13-53 , 13-54
2-4 2-351 10-34 13-18
2-5 2-353 10-35 13-19
2-6 2-361 13-59
2-7 2-356 10-36 13-2
2-8 2-61 10-37 13-22
2-9 2-357 10-39 13-21
3-1 2-62 10-40, 10-41 13-55 , 13-56
3-1A 2-276 - 2-279 10-42 13-58
3-2, 3-3 2-63 , 2-64 10-43 13-57
3-4-3-6 2-314 - 2-318 10-44 13-40
3-8 2-319 11-1, 11-2 8-1 , 8-2
3-8A 2-1 , 2-2 11-2A 8-3
3-9-3-11 2-358 - 2-360 11-3 8-41
3-12 2-364 11-4 8-43
3-13, 3-14 2-362 , 2-363 11-5 8-42
3-15-3-20 2-365 - 2-370 11-6 11-144
3-21, 3-22 2-352 , 2-353 11-7-11-10 12-14 - 12-17
3-23, 3-24 2-371 , 2-372 11-11 8-8
3-25, 3-26 2-151 , 2-152 11-12 12-19
3-27 2-354 11-13 12-7
3-28 2-3 11-14 11-110
3-29 2-4 , 2-5 11-15-11-17 8-13
3-30-3-32 2-44 - 2-46 11-18-11-22 8-166 - 8-170
3-33 2-310 11-23 11-54
4-5-4-8 2-81 - 2-84 11-24, 11-25 11-55
4-9, 4-10 2-85 11-26-11-32 11-56 - 11-62
4-11 6-16 11-33, 11-34 11-63
4-11A 6-17 - 6-19 11-35-11-39 11-64 - 11-68
4-12-4-15 6-20 - 6-23 11-40 8-61
4-16-4-20 2-101 - 2-105 11-41, 11-42 8-64 , 8-65
4-21, 4-22 2-6 , 2-7 11-43 8-60
4-23-4-26 6-36 - 6-39 8-62
4-27-4-33 2-121 - 2-127 11-43A 8-66 , 8-67
4-34 2-141 11-43B 8-68
4-36-4-39 2-216 - 2-219 11-43C 8-72
4-39A 2-220 11-44-11-46 8-69-8-71
4-40-4-44 2-231 - 2-235 11-47 8-63
4-45, 4-46 2-246 , 2-247 11-48, 11-49 8-91 , 8-92
4-47-4-51 2-153 - 2-157 11-49B 8-93
4-52-4-55 2-171 - 2-174 11-50 8-94
4-57-4-59 2-41 - 2-43 11-51-11-53 8-96 - 8-98
4-60 2-261 11-53A 8-7
2-263 11-54-11-57 8-99 -8-102
4-61 2-262 11-58 8-95
4-62, 4-63 2-264 , 2-265 11-59 8-104
4-64 5-45 11-60 8-121
4-65 2-229 11-61-11-64 8-124 - 8-127
2-326 - 2-328 11-65 8-122 , 8-123
4-66, 4-67 2-330 , 2-331 11-66 8-103
4-68 2-335 11-67 8-4
4-69 2-381 , 2-382 11-70 8-5
4-70, 4-71 2-383 , 2-384 12-1 11-142
5-1-5-3 4-1 - 4-3 12-1A 12-50
5-4 4-5 12-2 11-108
5-5 4-4 12-3 12-2
5-6, 5-7 4-6 12-4 12-3 , 12-4
5-8-5-13 4-7 - 4-12 12-5 12-4
6-1-6-6 5-31 - 5-36 12-6, 12-7 12-5 , 12-6
6-7-6-12 5-39 - 5-44 12-8 12-18
6-13-6-16 5-46 - 5-49 12-9, 12-10 12-7 , 12-8
6-16A 5-76 - 5-78 12-11, 12-12 12-10 , 12-11
5-80 12-13 9-107
6-17 5-4 12-14 9-1
6-18 5-38 9-47
6-18A 5-6 9-106
6-18B 5-79 12-14.1 9-16
6-18C 5-8 12-15 9-71
6-19 5-10 12-16 9-46
6-20 5-9 12-17 9-48
6-21 5-37 12-18 3-1
6-22, 6-23 5-50 , 5-51 9-51
7-1-7-3 10-1 - 10-3 12-19-12-21 3-2 - 3-4
7-4-7-8 10-4 12-22 12-13
7-9 10-5 12-23, 12-24 12-46 , 12-47
7-10 10-4 12-25 11-143
7-12-7-17 10-6 - 10-11 12-25A 10-16
7-19-7-22 10-12 - 10-15 12-26 12-12
7-23 10-31 12-27 11-41
10-33 - 10-42 12-27A 11-42
7-24 10-42 12-28-12-31 11-121 - 11-124
7-25 10-32 12-32-12-34 11-166 - 11-168
8-1 11-1 12-35 11-163
8-2, 8-3 11-3 , 11-4 12-36, 12-37 11-169 , 11-170
8-4-8-7 11-80 12-38 5-7
8-8 11-81 12-39, 12-40 5-1 , 5-2
8-9 12-1 12-41-12-44 9-86 - 9-89
8-10 11-109 12-45 9-49
8-11, 8-12 11-50 12-46 9-48
8-13-8-18 11-82 - 11-87 12-46.1 9-17
8-19 11-2 12-47 9-50
8-20 12-9 12-48-12-51 9-121
8-21 11-30 12-52, 12-53 8-9 , 8-10
8-22 11-31 - 11-88 12-54-12-56 8-146 - 8-148
8-23-8-27 11-141 12-57 8-128
8-28-8-34 11-156 - 11-162 12-58 5-3
8-35 11-164 12-59-12-62 9-90
8-36 11-162 12-64-12-67 8-11
8-37-8-40 11-165 12-68, 12-69 9-91 , 9-92
8-41-8-43 11-51 - 11-53 12-69.1 5-5
8-44 11-101 12-70 8-186
11-105 12-71 8-187 , 8-188
8-45, 8-46 11-103 , 11-104 12-73-12-75 8-14
8-47 11-106 12-78, 12-79 12-48 , 12-49
8-48 11-102 12-80 8-12
11-107 12-82 9-108
9-1-9-3 14-1 - 14-3 12-83, 12-84 6-1, 6-2
10-1 13-1 13-1-13-8 3-31 - 3-38
10-2 13-36 16-1-16-4 11-125
10-3 13-23 17-1-17-8 7-41 - 7-48
10-4 13-37 18-1-18-8 7-16 - 7-23
13-41 , 13-42 18-9 7-26 , 7-27
10-5 13-38 18-10, 18-11 7-24 , 7-25

ORDINANCE DISPOSITION TABLE

This table gives the location within the 1963 Code and this Code of all ordinances adopted since the publication of the Revised Ordinances of 1929. All traffic ordinances and amendments thereof not included herein are on file in the traffic commission office (TCO). All ordinances and amendments thereof relating to zoning, salaries of officers and officials, license and permit fees and the building code and fees not included herein are on file in the city clerk's office (CCO).

Ord. No. Section Remarks Section 1963 Code Section this Code
1 Amends traffic Ord. — TCO
2 Amends traffic Ord. — TCO
3 Amends traffic Ord. — TCO
4 Amends traffic Ord. — TCO
5 Police hours of work 7-16 10-10
6 Superceded by state law — —
7 Repealed by Ord. No. 105 — —
8 Superceded by Ord. No. 356 — —
9 Superceded by state law — —
10 Superceded by Ord. No. 356 — —
11 Amends traffic Ord. — TCO
12 Amends traffic Ord. — TCO
13 Superceded by Ord. No. 356 — —
14 Amends traffic Ord. — TCO
15 Parking lot permits 11-68 CCO
16 Superceded by state law — —
17 Supercede by Ord. No. 356 — —
18 Doctor's exam for certain arrests 7-9 10-5
19 Declared unconstitutional — —
20 Amends traffic Ord. — TCO
21 Amends traffic Ord. — TCO
22 Amends traffic Ord. — TCO
23 Amends traffic Ord. — TCO
24 Amends traffic Ord. — TCO
25 Superceded by Ord. No. 356 — —
26 Superceded by Ord. No. 356 — —
27 Amends traffic Ord. — TCO
28 Amends traffic Ord. — TCO
29 Amends traffic Ord. — TCO
30 Superceded by Ord. No. 122 — —
31 Amends traffic Ord. — TCO
32 Amends traffic Ord. — TCO
33 Superceded by Ord. No. 356 — —
34 Superceded by Ord. No. 356 — —
35 Rescinded by Ord. No. 134 — —
36 Amends traffic Ord. — TCO
37 Amends traffic Ord. — TCO
38 Amends traffic Ord. — TCO
39 Amends traffic Ord. — TCO
40 Amends traffic Ord. — TCO
41 Amends traffic Ord. — TCO
42 Amends traffic Ord. — TCO
43 Amends traffic Ord. — TCO
44 Superceded by Ord. No. 356 — —
45 Superceded by Ord. No. 356 — —
46 Superceded by Ord. No. 356 — —
47 Amends traffic Ord. — TCO
48 Amends traffic Ord. — TCO
49 Amends traffic Ord. — TCO
50 Amends traffic Ord. — TCO
51 Superceded by Ord. No. 356 — —
52 Amends traffic Ord. — —
53 Junk dealer's license 11-43 8-60
54 Amends traffic Ord. — TCO
55 Amends traffic Ord. — TCO
56 Superceded by Ord. No. 398 — —
57 Slaughtering or rendering license 11-67 8-4
58 Amends traffic Ord. — TCO
59 Superceded by Ord. No. 356 — —
60 Superceded by Ord. No. 356 — —
61 Superceded by Ord. No. 356 — —
62 Superceded by Ord. No. 356 — —
63 Superceded by Ord. No. 356 — —
64 Superceded by Ord. No. 356 — —
65 Superceded by Ord. No. 356 — —
66 Superceded by Ord. No. 356 — —
67 Superceded by Ord. No. 356 — —
68 Superceded by Ord. No. 123 — —
69 Amends traffic Ord. — TCO
70 Amends traffic Ord. — TCO
71 Amends traffic Ord. — TCO
72 Amends traffic Ord. — TCO
73 Amends traffic Ord. — TCO
74 Handbills 12-5 12-4
75 Amends traffic Ord. — TCO
76 Auditing of accounts 3-9 2-358
77 Amends traffic Ord. — TCO
78 Amends traffic Ord. — —
79 Superceded by Ord. No. 356 — —
80 Superceded by Ord. No. 356 — —
81 Superceded by Ord. No. 356 — —
82 Amends traffic Ord. — TCO
83 Teacher pay days; amended by Ord. No. 235 — —
84 Obsolete — —
85 Obsolete — —
86 Obsolete — —
87 Amends traffic Ord. — TCO
88 Superceded by Ord. No. 123 — —
89 Superceded by Ord. No. 356 — —
90 Fire department salaries; superceded by Ord. No. 1976-1 — —
91 Police department salaries 7-3 10-3
92 Police department salaries 7-3 10-3
93 Signs over public ways 11-8 12-15
94 Superceded by Ord. No. 356 — —
95 Fire department salaries, superceded by Ord. No. 1976-1 — —
96 Police department salaries 7-3 10-3
97 Amends traffic Ord. — TCO
98 Amends traffic Ord. — TCO
99 Curfew for minors 12-48 9-121
100 Curfew for minors 12-48 9-121
101 Obsolete — —
102 District chiefs of fire department 6-1 5-31
103 Deputy chiefs of fire department 6-1 5-31
104 Aldermen prohibited from board of health 4-11 6-16
105 Veterans' aid and pensions 9-1—9-3 14-1 — 14-3
106 Amends traffic Ord. — TCO
107 Games on high school grounds 12-23 12-46
108 Superceded by Ord. No. 356 — —
109 Amends traffic Ord. — TCO
110 Amends Ord. No. 53 11-43 8-61
111 Games at Western Junior High 12-24 12-47
112 Fire department salaries, superceded by Ord. No. 1976-1 — —
113 Police department salaries 7-3 10-3
114 Amends traffic Ord. — TCO
115 Obsolete — —
116 Amends traffic Ord. — TCO
117 Milk deliveries 12-53 8-10
118 Hearing for liquor license 4-39 2-219
119 Superceded by Ord. No. 356 — —
120 Superceded by Ord. No. 398 — —
121 Amends traffic Ord. — TCO
122 Vacations and sick leave of city employees 3-4 2-314
Vacations and sick leave of city employees 3-6 2-318
Vacations and sick leave of city employees 3-8 2-319
123 Building code — CCO
124 Superceded by Ord. No. 220 — —
125 Amends traffic Ord. — TCO
126 Fire department salaries; superceded by Ord. No. 1976-1 — —
127 Police department salaries 7-3 10-3
128 Fee for pinball machines 11-68 CCO
129 Amends building code — CCO
130 Obsolete — —
131 Amends building code — CCO
132 Superceded by Ord. No. 220 — —
133 Superceded by Ord. No. 216 — —
134 Rescinds Ord. No. 35 — —
135 Amends traffic Ord. — TCO
136 Amends traffic Ord. — TCO
137 Fire department district chiefs 6-1 5-31
138 Amends building code — CCO
139 Towing of vehicles for snow removal 8-19 11-2
140 Bonds 2-4 2-351
Bonds 4-50 2-156
141 Amends traffic Ord. — TCO
142 Amends traffic Ord. — TCO
143 Amends traffic Ord. — TCO
144 Regulations for city-owned vehicles 3-28 2-3
155 Amends traffic Ord. — TCO
156 Police department salaries 7-3 10-3
157 Fire department salaries; superceded by Ord. No. 1976-1 — —
158 Amends traffic Ord. — TCO
159 Amends traffic Ord. — TCO
160 Amends traffic Ord. — TCO
161 Amends traffic Ord. — TCO
162 Amends traffic Ord. — TCO
163 Amends traffic Ord. — TCO
164 Amends traffic Ord. — TCO
165 Amends traffic Ord. — TCO
166 Amends traffic Ord. — TCO
167 District chiefs of fire department 6-1 5-31
168 Amends traffic Ord. — TCO
169 Amends traffic Ord. — TCO
170 Amends traffic Ord. — TCO
171 Amends traffic Ord. — TCO
172 Amends traffic Ord. — TCO
173 Amends traffic Ord. — TCO
174 Amends traffic Ord. — TCO
175 Amends traffic Ord. — TCO
176 Amends traffic Ord. — TCO
177 Amends traffic Ord. — TCO
178 Amends traffic Ord. — TCO
179 Amends traffic Ord. — TCO
180 Police department organization 7-1 10-1
181 Employee sick leave 3-6 2-318
182 Fire department uniforms 6-22 5-50
183 Police department uniforms 7-21 10-14
184 District chiefs of fire department 6-1 5-31
185 Fire department salaries; superceded by Ord. No. 1976-1 — —
186 Superceded by Ord. No. 199 — —
187 Deputy chiefs of fire department 6-1 5-31
188 Amends traffic Ord. — TCO
189 Amends traffic Ord. — TCO
190 Amends traffic Ord. — TCO
191 Amends traffic Ord. — TCO
192 Superceded by Ord. No. 356 — —
193 Amends traffic Ord. — TCO
194 Amends traffic Ord. — TCO
195 Amends traffic Ord. — TCO
196 Amends traffic Ord. — TCO
197 Amends traffic Ord. — TCO
198 Amends traffic Ord. — TCO
199 Police duty hours, emergency duty 7-16, 7-17 10-10 , 10-11
200 Amends traffic Ord. — TCO
201 Amends traffic Ord. — TCO
202 Civil defense department 5-1—5-3 4-1 — 4-3
Civil defense department 5-4 4-5
Civil defense department 5-5 4-4
Civil defense department 5-6, 5-7 4-6
202 Civil defense department 5-8—5-13 4-7 — 4-12
202A Amends traffic Ord. — TCO
203 Amends traffic Ord. — TCO
204 Amends traffic Ord. — TCO
205 Amends traffic Ord. — TCO
206 Amends traffic Ord. — TCO
207 Amends traffic Ord. — TCO
208 Amends traffic Ord. — TCO
209 Amends traffic Ord. — TCO
210 Amends traffic Ord. — TCO
211 Amends traffic Ord. — TCO
212 Amends traffic Ord. — TCO
213 Amends traffic Ord. — TCO
214 Amends traffic Ord. — TCO
215 Superceded by Ord. No. 356 — —
216 Firemen duty hours 6-8 5-40
217 Amends traffic Ord. — TCO
218 Amends traffic Ord. — TCO
219 Door-to-door solicitors 12-54—12-56 8-146 — 8-148
220 Hours of city offices 3-29 2-4
221 Fire department salaries; superceded by Ord. No. 1976-1 — —
222 Police department salaries 7-3 10-3
223 Amends traffic Ord. — TCO
224 Fees for barrel dealers 11-68 CCO
225 Fireworks 12-43 9-88
226 Amends traffic Ord. — TCO
227 Amends traffic Ord. — TCO
228 Amends traffic Ord. — TCO
229 Planning board 4-40—4-44 2-231 — 2-235
230 Amends traffic Ord. — TCO
231 Amends traffic Ord. — TCO
232 Amends traffic Ord. — TCO
233 Amends traffic Ord. — TCO
234 Amends traffic Ord. — TCO
235 Payroll for school teachers 3-16 2-366
236 Amends traffic Ord. — TCO
237 Amends traffic Ord. — TCO
238 Amends traffic Ord. — TCO
239 Police department organization 7-1 10-1
240 Amends traffic Ord. — TCO
241 Police department salaries 7-3 10-3
242 Amends building code — CCO
243 Amends traffic Ord. — TCO
244 Fire department salaries, superceded by Ord. No. 1976-1 — —
245 Police department salaries 7-3 10-3
246 Superceded by Ord. No. 356 — —
247 Amends traffic Ord. — TCO
248 Amends traffic Ord. — TCO
249 Amends traffic Ord. — TCO
250 Amends traffic Ord. — TCO
251 Amends traffic Ord. — TCO
252 Amends traffic Ord. — TCO
253 Amends traffic Ord. — TCO
254 Amends traffic Ord. — TCO
255 Amends traffic Ord. — TCO
256 Repealed by Ord. No. 1978-7 — —
257 Amends traffic Ord. — TCO
258 Amends traffic Ord. — TCO
259 Amends traffic Ord. — TCO
260 Amends traffic Ord. — TCO
261 Amends traffic Ord. — TCO
262 Curfew for minors 12-48 9-121
263 Amends building code — CCO
264 Amends building code — CCO
265 Amends building code — CCO
266 Fire department salaries; superceded by Ord. No. 1976-1 — —
267 Police department salaries 7-3 10-3
268 Curfew for minors 12-48 9-121
269 Abandoned iceboxes 12-59—12-62 9-90
270 Amends traffic Ord. — TCO
271 Amends traffic Ord. — TCO
272 Amends traffic Ord. — TCO
273 Amends traffic Ord. — TCO
274 Amends traffic Ord. — TCO
275 Superceded by Ord. No. 356 — —
276 Superceded by Ord. No. 356 — —
277 Amends traffic Ord. — TCO
278 Repealed — —
279 X-ray required for certain workers 4-15 6-23
280 Superceded by Ord. No. 356 — —
281 Amends traffic Ord. — TCO
282 Amends traffic Ord. — TCO
283 Amends traffic Ord. — TCO
284 Amends traffic Ord. — TCO
285 Amends traffic Ord. — TCO
286 Amends traffic Ord. — TCO
287 Superceded by Ord. No. 356 — —
288 Amends traffic Ord. — TCO
289 Superceded by Ord. No. 356 — —
290 Amends traffic Ord. — TCO
291 Amends traffic Ord. — TCO
292 Amends traffic Ord. — TCO
293 Amends traffic Ord. — TCO
294 Amends traffic Ord. — TCO
295 Amends traffic Ord. — TCO
296 Amends traffic Ord. — TCO
297 Amends traffic Ord. — TCO
298 Fire department salaries; superceded by Ord. No. 1976-1 — —
299 Police department salaries 7-3 10-3
300 Amends traffic Ord. — TCO
301 Amends traffic Ord. — TCO
302 Superceded by Ord. No. 356 — —
303 Superceded by Ord. No. 356 — —
304 Amends traffic Ord. — TCO
305 Amends traffic Ord. — TCO
306 Curfew for minors 12-49 9-121
307 Amends traffic Ord. — TCO
308 Amends traffic Ord. — TCO
309 Police department salaries 7-3 10-3
310 Fire department salaries; superceded by Ord. No. 1976-1 — —
311 Amends traffic Ord. — TCO
312 Sanitary division 8-1 11-1
Sanitary division 8-21 11-30
313 Amends traffic Ord. — TCO
314 Amends traffic Ord. — TCO
315 Amends traffic Ord. — TCO
316 Amends traffic Ord. — TCO
317 Amends traffic Ord. — TCO
318 Amends traffic Ord. — TCO
319 Amends traffic Ord. — TCO
320 Amends traffic Ord. — TCO
321 License fees 11-68 CCO
322 Amends traffic Ord. — TCO
323 Amends traffic Ord. — TCO
324 Amends traffic Ord. — TCO
325 Amends traffic Ord. — TCO
326 Amends traffic Ord. — TCO
327 Fire department salaries; superceded by Ord. No. 1976-1 — —
328 Amends traffic Ord. — TCO
329 Pasteurization date on milk cartons 12-52 8-9
330 Decals for rubbish collection 11-68 CCO
331 Amends traffic Ord. — TCO
332 Amends traffic Ord. — TCO
333 Amends traffic Ord. — TCO
334 Amends traffic Ord. — TCO
335 Amends traffic Ord. — TCO
336 Amends traffic Ord. — TCO
337 Amends traffic Ord. — TCO
338 Amends traffic Ord. — TCO
339 Police time off 7-16 10-10
340 Fire department salaries; superceded by Ord. No. 1976-1 — —
341 Police department salaries 7-3 10-3
342 Amends traffic Ord. — TCO
343 Amends traffic Ord. — TCO
344 Amends traffic Ord. — TCO
345 Fees for police documents 11-68 CCO
346 Superceded by Ord. No. 356 — —
347 Amends traffic Ord. — TCO
348 Plastic bags 12-64—12-67 8-11
349 Amends traffic Ord. — TCO
350 Superceded by Ord. No. 356 — —
351 Amends traffic Ord. — TCO
352 Organization of police department 7-1 10-1
353 Fire department salaries; superceded by Ord. No. 1976-1 — —
354 Police department salaries 7-3 10-3
355 Superceded by Ord. No. 356 — —
356 Building code — CCO
357 Amends traffic Ord. — TCO
358 Amends traffic Ord. — TCO
359 Amends traffic Ord. — TCO
360 Transfer from police to fire department 7-2 10-2
361 Amends traffic Ord. — TCO
362 Amends traffic Ord. — TCO
363 Amends traffic Ord. — TCO
364 Fire department salaries; superceded by Ord. No. 1976-1 — —
365 Police department salaries 7-3 10-3
366 Police department organization 7-1 10-1
367 Amends traffic Ord. — TCO
368 Amends traffic Ord. — TCO
369 Amends traffic Ord. — TCO
370 Amends traffic Ord. — TCO
371 Amends traffic Ord. — TCO
372 Amends traffic Ord. — TCO
373 Amends traffic Ord. — TCO
374 Amends traffic Ord. — TCO
375 Amends traffic Ord. — TCO
376 Amends traffic Ord. — TCO
377 Amends traffic Ord. — TCO
378 Employee vacations 3-5 2-315
379 Amends traffic Ord. — TCO
380 Amends traffic Ord. — TCO
381 Amends traffic Ord. — TCO
382 Amends traffic Ord. — TCO
383 Amends traffic Ord. — TCO
384 Amends traffic Ord. — TCO
385 Amends traffic Ord. — TCO
386 Amends traffic Ord. — TCO
387 Amends traffic Ord. — TCO
388 Amends traffic Ord. — TCO
389 Amends traffic Ord. — TCO
390 Amends traffic Ord. — TCO
391 Amends traffic Ord. — TCO
392 Amends traffic Ord. — TCO
393 Amends traffic Ord. — TCO
394 Hours of peddlers regulated 11-53 8-98
395 Amends zoning Ord. — CCO
396 Fire department salaries; superceded by Ord. No. 1976-1 — —
397 Police department salaries 7-3 10-3
398 Taxicab Ord. 10-1 13-1
Taxicab Ord. 10-2 13-36
Taxicab Ord. 10-3 13-23
Taxicab Ord. 10-4 13-37 — 13-42
Taxicab Ord. 10-5 13-38
Taxicab Ord. 10-6 13-44
Taxicab Ord. 10-7 13-20
Taxicab Ord. 10-8 13-39 , 13-45
Taxicab Ord. 10-9, 10-10 13-46 , 13-47
Taxicab Ord. 10-12—10-16 13-3 — 13-7
Taxicab Ord. 10-17 13-48
Taxicab Ord. 10-18 13-43
Taxicab Ord. 10-19—10-23 13-8 — 13-12
Taxicab Ord. 10-24 13-13 , 13-60
Taxicab Ord. 10-25 13-14
Taxicab Ord. 10-26 13-49
Taxicab Ord. 10-28—10-30 13-15 — 13-17
Taxicab Ord. 10-31 13-50 — 13-52
Taxicab Ord. 10-32, 10-33 13-53 , 13-54
Taxicab Ord. 10-34 13-18
Taxicab Ord. 10-35 13-19 , 13-59
Taxicab Ord. 10-36 13-2
Taxicab Ord. 10-37 13-22
Taxicab Ord. 10-39 13-21
399 Amends building code — CCO
400 Electrical permit fees 11-23, 11-68 11-54 , CCO
401 Amends zoning Ord. — CCO
402 Amends traffic Ord. — TCO
403 Fees for ammunition 11-68 CCO
404 Amends traffic Ord. — TCO
405 Amends traffic Ord. — TCO
406 Amends traffic Ord. — TCO
407 Abandoned motor vehicles 12-68, 12-69 9-91 , 9-92
408 Amends traffic Ord. — TCO
409 Amends traffic Ord. — TCO
410 Amends traffic Ord. — TCO
411 Rescinded by Ord. No. 412 — —
412 Rescinds Ord. No. 411 — —
413 Amends traffic Ord. — TCO
414 Male school traffic supervisors unit 7-22 10-15
1964-1 Alcoholic beverages in certain public places 12-14 9-1
1964-2 Fire department salaries; superceded by Ord. No. 1976-1 — —
1964-3 Amends police department salaries 7-3 10-3
1964-4 Abandoned tanks and containers 12-69.1 5-5
1964-5 Amends traffic Ord. — TCO
1964-6 Amends zoning Ord. — CCO
1964-7 Alderman salaries 4-57—4-59 2-41 — 2-43
1965-1 Amends traffic Ord. — TCO
1965-2 Amends traffic Ord. — TCO
1966-1 Repealed by Ord. No. 1974-7 — —
1966-2 Fire department salaries; superceded by Ord. No. 1976-1 — —
1966-3 Amends police department salaries 7-3 10-3
1966-4 Franchise; superceded by state law — —
1966-5 Drain layers 11-5 8-42
1966-6 Amends traffic Ord. — TCO
1966-7 Amends traffic Ord. — TCO
1966-8 Amends traffic Ord. — TCO
1966-9 Amends traffic Ord. — TCO
1966-10 Amends traffic Ord. — TCO
1966-11 Amends traffic Ord. — TCO
1966-12 Amends traffic Ord. — TCO
1966-13 Amends traffic Ord. — TCO
1966-14 Amends traffic Ord. — TCO
1966-15 Ringing bell by peddlers and solicitors 11-52 8-97
1966-16 Amends zoning Ord.; declared void by Superior Court Case No. 27753, July 24, 1967 — —
1967-1 Amends police department salaries 7-3 10-3
1967-2 Fire department salaries; superceded by Ord. No. 1976-1 — —
1967-3 Taxicab fares 10-27 CCO
1967-4 Taxi stand license fee 10-12 13-3
1967-5 Taxicab license fee 10-4 13-37
1967-6 Amends traffic Ord. — TCO
1967-7 Amends traffic Ord. — TCO
1967-8 Amends traffic Ord. — TCO
1967-9 Amends zoning Ord. — CCO
1967-10 Amends traffic Ord. — TCO
1967-11 Amends traffic Ord. — TCO
1967-12 Amends traffic Ord. — TCO
1967-13 Amends traffic Ord. — TCO
1967-14 Amends traffic Ord. — TCO
1967-15 Amends traffic Ord. — TCO
1967-16 Amends traffic Ord. — TCO
1967-17 Amends traffic Ord. — TCO
1967-18 Amends traffic Ord. — TCO
1968-1 Repealed by Ord. No. 1974-7 — —
1968-2 Amends police department salaries 7-3 10-3
Amends police department salaries 7-11 CCO
Amends police department salaries 7-21 10-14
1968-3 Fire department salaries; superceded by Ord. No. 1976-1 — —
1968-4 Amends zoning Ord. — CCO
1968-5 Curfew for minors 12-48, 12-50 9-121
1968-6 Amends zoning Ord. — CCO
1968-7 Amends traffic Ord. — TCO
1968-8 Amends traffic Ord. — TCO
1968-9 Employee vacations 3-5 2-307
1968-10 Amends zoning Ord. — CCO
1968-11 Amends zoning Ord. — CCO
1968-12 Rubbish collection fees 11-68 CCO
1968-13 Building code fees — CCO
1968-14 Amends traffic Ord. — TCO
1969-1 Vehicle towing charge 8-19 11-2 , CCO
1969-2 Amends building code — CCO
1969-3 Clothing allowance for police 7-21 10-14
1969-4 Amends traffic Ord. — TCO
1969-5 Amends police department salaries 7-3 10-3
1969-6 Increases fire department complement 6-1 5-31
1969-7 Amends traffic Ord. — TCO
1969-8 Amends zoning Ord. — CCO
1969-9 Amends zoning Ord. — CCO
1969-10 Amends zoning Ord. — CCO
1969-11 Taxicab rates 10-27 CCO
1969-12 Motor vehicle towing 8-19 11-2
1969-13 Amends traffic Ord. — TCO
1969-14 Amends traffic Ord. — TCO
1969-15 Amends traffic Ord. — TCO
1970-1 Fees for police department 11-68 CCO
1970-2 Repealed by Ord. No. 1974-8 — —
1970-3 School traffic supervisors 7-22 10-15
1970-4 Amends police department salaries 7-3 10-3
Amends police department salaries 7-21 10-14
1970-5 Fire department salaries; superceded by Ord. No. 1976-1 — —
1970-6 Amends police department salaries 7-3, 7-21 10-3 , 10-14
1970-7 Fire department salaries; superceded by Ord. No. 1976-1 — —
1970-8 Political signs 11-8 12-15
1970-9 Electrical permits, fees 11-68 CCO
1970-10 Council for aging person 4-60 2-261 , 2-263
1970-11 Fees for electric meters 11-68 CCO
1970-12 Amends building code — CCO
1970-13 Fire department salaries; superceded by Ord. No. 1976-1 — —
1970-14 Fire department shifts 6-23 5-51
1970-15 Amends traffic Ord. — TCO
1970-16 Amends traffic Ord. — TCO
1971-1 Police department organization 7-1 10-1
1971-2 Police department shifts 7-16 10-10
1971-3 Amends police department salaries 7-3 10-3
1971-4 Amends traffic Ord. — TCO
1971-5 Amends zoning Ord. — CCO
1971-6 Amends zoning Ord. — CCO
1971-7 Amends traffic Ord. — TCO
1971-8 Amends traffic Ord. — TCO
1971-9 Amends zoning Ord. — CCO
1971-10 Amends zoning Ord. — CCO
1971-11 Repeals section 4-35 — —
1971-12 Amends traffic Ord. — TCO
1971-13 Amends traffic Ord. — TCO
1971-14 Amends traffic Ord. — TCO
1972-1 Amends zoning Ord. — CCO
1972-2 Adopts building code — CCO
1972-3 Amends traffic Ord. — TCO
1972-4 Amends traffic Ord. — TCO
1972-5 Increases general penalty for Code violations 1-13 1-11
1972-6 New city seal 1-15 1-19
1972-7 Operation of fire department 6-23 5-51
1972-8 Amends traffic Ord. — TCO
1972-9 Amends traffic Ord. — TCO
1972-10 Amends traffic Ord. — TCO
1972-11 Amends traffic Ord. — TCO
1972-12 Amends traffic Ord. — TCO
1972-13 Amends traffic Ord. — TCO
1972-14 Amends traffic Ord. — TCO
1972-15 Fire department salaries; superceded by Ord. No. 1976-1 — —
1972-16 Amends police department salaries 7-3 10-3
1973-1 Repealed by Ord. No. 1974-7 — —
1973-2 Disorderly conduct in aldermanic chambers 12-14.1 9-16
1973-3 Prohibits signs, banners, etc., in aldermanic chambers 12-46.1 9-17
1973-4 Amends traffic Ord. — TCO
1973-5 Amends taxi Ord. 10-18 13-43
Amends taxi Ord. 10-40, 10-41 13-55 , 13-56
Amends taxi Ord. 10-42 13-58
Amends taxi Ord. 10-43 13-57
Amends taxi Ord. 10-44 13-40
1973-6 Fire department salaries; superceded by Ord. No. 1976-1 — —
1973-7 Amends traffic Ord. — TCO
1973-8 Amends traffic Ord. — TCO
1973-9 Amends traffic Ord. — TCO
1973-10 Amends zoning Ord. — CCO
1973-11 Amends traffic Ord. — TCO
1973-12 Misuse of litter baskets 12-27A 11-42
1973-13 Amends zoning Ord. — CCO
1973-14 Taxicab rates 10-27 CCO
1973-15 Amends traffic Ord. — TCO
1973-16 Amends zoning Ord. — CCO
1973-17 Amends traffic Ord. — TCO
1973-18 Amends traffic Ord. — TCO
1974-1 Taxicab licenses 10-9 13-46
1974-2 Amends zoning Ord. — CCO
1974-3 Amends taxi Ord. 10-3 13-23
Amends taxi Ord. 10-4 13-37 — 13-42
Amends taxi Ord. 10-12 13-3
Amends taxi Ord. 10-18 13-43
Amends taxi Ord. 10-36 13-2
1974-4 Amends traffic Ord. — TCO
1974-5 Possession of open containers of alcoholic beverages on streets 12-14 9-1
1974-6 Amends traffic Ord. — TCO
1974-7 Control of dogs 13-1—13-8 3-31 — 3-38
1974-8 Repeals Ord. No. 1970-2 — —
1974-9 Amends traffic Ord. — TCO
1974-10 Establishes municipal compensation advisory board 3-1A 2-276 — 2-279
1974-11 Amends traffic Ord. — TCO
1974-12 Recycling rubbish and garbage 8-22, 12-27 11-31 , 11-41
1974-13 Amends traffic Ord. — TCO
1974-14 Amends traffic Ord. — TCO
1974-15 Amends traffic Ord. — TCO
1974-16 Amends traffic Ord. — TCO
1974-17 Amends traffic Ord. — TCO
1974-18 Amends traffic Ord. — TCO
1974-19 Amends zoning Ord. — CCO
1974-20 Amends traffic Ord. — TCO
1974-21 Amends traffic Ord. — TCO
1974-22 Amends traffic Ord. — TCO
1974-23 Amends traffic Ord. — TCO
1974-24 Amends traffic Ord. — TCO
1974-25 Amends traffic Ord. — TCO
1974-26 Amends traffic Ord. — TCO
1975-1 Fee for gun permit photos 11-68 CCO
1975-2 Director of board of health 4-11A 12-17 — 12-19
1975-3 Amends traffic Ord. — TCO
1975-4 Amends traffic Ord. — TCO
1975-5 Amends traffic Ord. — TCO
1975-6 Amends traffic Ord. — TCO
1975-7 Notice to fire chief of all building permits 8-44 11-101
1975-8 Amends fire department organization 6-1 5-31
1975-9 Amends traffic Ord. — TCO
1975-10 Amends taxicab licenses 10-9 13-46
1975-11 Fire hydrant testing 6-3 5-33
1975-12 1, 2 Dogs in parks — 12-51
1976-1 Fire department collective bargaining Ord. 6-2 5-32
Fire department collective bargaining Ord. 6-8—6-12 5-40 — 5-44
Fire department collective bargaining Ord. 6-13 5-46
Fire department collective bargaining Ord. 6-15 5-48
Fire department collective bargaining Ord. 6-22 5-50
1976-2 Amends zoning Ord. — CCO
1976-3 Amends zoning Ord. — CCO
1976-4 Amends municipal compensation advisory board Ord. 3-1A 2-276
1976-5 Amends licensing commission Ord. 4-39 2-219
1976-6 Repealed — —
1976-7 Amends council for aging 4-60 2-261 , 2-262
Amends council for aging 4-61 2-262
Amends council for aging 4-62 2-264
1976-8 Activities in parks 12-78, 12-79 12-48 , 12-49
1976-9 Taxicab rates 10-27 CCO
1976-10 Self-service gas dispensing systems 12-80 8-12
1976-11 Amends payrolls for school teachers 3-16 2-366
1976-12 Confiscation of alcoholic beverages in certain places 12-14 9-1
1976-13 Increases bond for drain layers 11-4 8-43
1976-14 Licensing commission 4-39A 2-220
1977-1 Repeals Ord. Nos. 1969-2 and 1972-2 — —
1977-2 Amends traffic Ord. — TCO
1977-3 3-37 Amends taxi Ord. 13-37
Amends taxi Ord. 13-41 , 13-42
Amends taxi Ord. 10-5 13-38
Amends taxi Ord. 10-8 13-39
Amends taxi Ord. 10-24 13-13
Amends taxi Ord. 10-31 13-50
Amends taxi Ord. 13-36 13-2
Amends taxi Ord. 10-39 13-21
1977-4 Amends operation of fire department 6-23 5-51
1977-5 Amends traffic Ord. — TCO
1977-6 Amends traffic Ord. — TCO
1977-7 Amends traffic Ord. — TCO
1977-8 Amends traffic Ord. — TCO
1977-9 Repealed by Ord. No. 1978-7 — —
1977-10 Eliminates curb cut fees — —
1977-11 Amends traffic Ord. — TCO
1977-12 Amends traffic Ord. — TCO
1977-13 Amends traffic Ord. — TCO
1977-14 New zoning Ord. and zoning map — CCO
1977-15 Amends traffic Ord. — TCO
1977-16 Amends traffic Ord. — TCO
1978-1 Licensing commission to give notice re certain licenses 4-39 2-219
1978-2 Licensing commission to give notice re certain licenses 4-38 2-218
1978-3 Salaries for mayor and board of aldermen 4-56 CCO
1978-4 Licensing commission to give notice re certain licenses 4-38 2-218
1978-5 Amends traffic Ord. — TCO
1978-6 Amends traffic Ord. — TCO
1978-7 Repeals Ord. No. 1977-9 — —
1978-8 Regulates hours of certain retail businesses 11-53A 8-7
1978-9 Residency requirement for city employees 3-33 2-310
1978-10 Amends traffic Ord. — TCO
1978-11 Amends traffic Ord. — TCO
1978-12 Establishes equal opportunity program and affirmative action program 3-8 2-319
Establishes equal opportunity program and affirmative action program 3-8A 2-1
1978-13 Requires mayor to submit capital outlay budget on an annual basis 2-1 2-21 , 2-23
Requires mayor to submit capital outlay budget on an annual basis 2-1A 2-23
1978-14 Increases general penalty for Code violations 1-13 1-11
1978-15 Regulates actions of superintendent of buildings 8-44 11-101
1978-16 Creates medical panel to determine payment of medical bills for firemen and policemen 4-64 5-45
1978-17 Amends traffic Ord. — TCO
1978-18 Requires contractors to secure police details during construction work 12-25A 10-16
1978-19 Amends traffic Ord. — TCO
1978-20 Amends traffic Ord. — TCO
1978-21 Amends traffic Ord. — TCO
1978-22 Amends traffic Ord. — TCO
1978-23 Establishes management salary schedule 3-1B CCO
1978-24 1 Amends zoning Ord. — CCO
1978-25 Repeals rent control Ord. — —
1978-26 Amends traffic Ord. — TCO
1978-27 Amends traffic Ord. — TCO
1978-28 Amends traffic Ord. — TCO
1978-29 Amends traffic Ord. — TCO
1979-1 City buildings to be accessible to handicapped 3-29 2-4 , 2-5
1979-2 Transfer of taxicab licenses; fee 10-8 13-39 , 13-45
1979-3 Revises license fees 11-68 CCO
1979-4 Compensation of boards, commissions and agencies 2-3A CCO
1979-5 Amends traffic Ord. — TCO
1979-6 Penalties for dog Ord. violations 13-8 3-38
1979-7 Hazardous cargo permits 11-70 8-5
1979-8 Amends traffic Ord. — TCO
1979-9 Amends traffic Ord. — TCO
1979-10 Amends police department organization 7-1 10-1
1979-11 Regulates the use of Lincoln Park 12-78 12-48
1979-12 Obsolete — —
1979-13 Contractors to secure fire detail during demolition work 6-18C 5-8
1979-14 Amends traffic Ord. — TCO
1979-15 Amends traffic Ord. — TCO
1979-16 Amends taxicab fares 10-27 CCO
1979-17 Prohibits issuance of license until all taxes paid 11-2A 8-3
1979-18 Amends traffic Ord. — TCO
1979-19 Amends traffic Ord. — TCO
1980-1 Pickup of dumpsters 12-82
1980-2 Amends traffic Ord. — TCO
1980-3 Establishes comprehensive personnel program 4-64 5-45
Establishes comprehensive personnel program 4-65 2-229
Establishes comprehensive personnel program 2-326 — 2-328
Establishes comprehensive personnel program 4-66, 4-67 2-330 , 2-331
Establishes comprehensive personnel program 4-68 2-335
Establishes comprehensive personnel program 4-69 2-381
1980-4 Amends traffic Ord. — TCO
1980-5 Expense allowance for members of board of aldermen 4-48A CCO
1980-6 Amends police department organization 7-1 10-1
1980-7 Amends Ord. No. 1979-17 11-2A 8-3
1980-8 Amends management salary schedule 3-1B CCO
1980-9 Establishes bureau of fire prevention 6-17 5-4
Establishes bureau of fire prevention 6-18 5-38
Establishes bureau of fire prevention 6-18A 5-6
Establishes bureau of fire prevention 6-18B 5-79
Establishes bureau of fire prevention 6-18C 5-8
Establishes bureau of fire prevention 6-19 5-10
1980-10 Transportation of hazardous material — 8-6
1980-11 Amends traffic Ord. — TCO
1980-12 Amends traffic Ord. — TCO
1980-13 Salary schedule for board of aldermen 3-1AA CCO
1980-14 Condominium conversion Ord. — —
1980-15 Amends management salary 3-1A CCO
1980-16 Amends traffic Ord. — TCO
1980-17 Amends traffic Ord. — TCO
1981-1 Demolition of buildings 8-44 11-101
1981-2 Amends traffic Ord. — TCO
1981-3 Amends traffic Ord. — TCO
1981-4 Amends traffic Ord. — TCO
1981-5 Carnival permits 12-73—12-75 8-14
1981-6 Amends traffic Ord. — TCO
1981-7 Amends zoning Ord. — CCO
1981-8 Amends taxicab rates — CCO
1981-9 Amends zoning Ord. — CCO
1981-10 Amends condominiums conversion Ord. — 7-61 —7-76
1981-11 Amends operation of fire department 6-23 5-51
1981-12 1—8 Regulation of RDNA research — 6-56 — 6-68
9—13 Regulation of RDNA research — 6-64 — 6-65
14 Regulation of RDNA research — 6-61
1981-13 A—E Amends zoning Ord. to permit elderly-oriented housing — CCO
1981-14 Amends zoning Ord. — CCO
1981-15 Temporary Ord. establishing special commission on Vietnam veterans — —
1981-16 Amends zoning Ord. — CCO
1982-1 Use of city parks, playing fields, etc. 12-1A 12-50
1982-2 Amends temporary Ord. No. 1981-15 — —
1982-3 1 Amends zoning Ord. — CCO
1982-4 1 Amends zoning Ord. — CCO
1982-5 1 Amends zoning Ord. — CCO
1982-6 Amends zoning Ord. — CCO
1982-7 Issuance of transient vendor, hawker or peddler's license 11-49 8-92
1982-8 Security alarm systems 7-23 10-31
Security alarm systems 10-33—10-42
1982-9 Records required of junk shop operators 11-43A 8-66
1982-10 Increases general penalty for Code violations 1-13 1-11
1982-11 Penalty for moving violations of taxicab operators 10-24 13-13
1982-12 Water rates 16-1—16-4 11-125
1982-13 Sewer service use charges 8-35 11-164
1982-14 Amends taxi rates 10-27 13-6.1
1982-15 Smoke detectors 6-18A 5-6
1982-16 Amends traffic Ord. — TCO
1982-17 Amends management salary schedule 3-1B CCO
1982-18 Salary of inspector of claims 4-33 CCO
1982-19 Salaries of certain officials 3-1AA, 4-45A, 4-56, 4-56A CCO
1983-1 Amends zoning Ord. — CCO
1983-2 Amends salaries of certain officials 4-48A, 3-1B CCO
1983-3 Salary for condominium review board 2-3 CCO
1983-4 Amends Ord. No. 1982-8 7-23 10-33 — 10-42
Amends Ord. No. 1982-8 11-1
1983-5 Salaries of board of assessors — CCO
1982-6 Amends license fee schedule, collection of rubbish, garbage and offal 11-68 8-16
1983-7 Increase on limitation on settlement of claims 2-9, 4-30 2-357 , 2-124
1983-8 Distribution of tobacco products in public places 12-83
1983-9 Amends Ord. No. 1980-14 — —
1983-10 Amends zoning Ord. — CCO
1983-11 1 Amends zoning Ord. — CCO
1983-12 Amends management salary schedule 3-1B CCO
Amends management salary schedule 2-122
1983-13 Amends license fee schedule 11-68 CCO
1984-1 Amends management salary schedule 3-1B CCO
1984-2 Restricts smoking in restaurants 12-84 6-2
1984-3 Amends water rates 16-1—16-4 11-125
1984-4 Amends sewer user charges 8-35 11-164
1984-5 Amends water rates 16-1—16-4 11-125
1984-6 Amends sewer user charges 8-35 11-164
1984-7 Amends sewer user charges 8-35 11-164
1984-8 Amends water rates 16-1—16-4 11-125
1984-9 Amends open container Ord. 12-14 9-1 , 9-47 , 9-106
1984-10 Amends zoning Ord. — CCO
1984-11 1 Amends zoning Ord. — CCO
1984-12 Amends zoning Ord. — CCO
1984-13 Amends management salary 3-1B CCO
1984-14 Amends personnel program 4-64 5-45
Amends personnel program 4-65 2-229
Amends personnel program 2-326 — 2-328
Amends personnel program 4-66, 4-67 2-330 , 2-331
Amends personnel program 4-68 2-335
Amends personnel program 4-69 2-381 , 2-382
Amends personnel program 4-70, 4-71 2-383 , 2-384
1984-15 Amends self-service gas station Ord. 12-80 8-12
1985-1 Fair housing commission 17-1—17-8 7-41 — 7-48
1985-2 Historic district commission 18-1—18-8 7-16 — 7-23
Historic district commission 18-9 7-26 , 7-27
Historic district commission 18-10 7-24
Historic district commission 18-11 7-25
1985-3 Amends building fees 11-68 CCO
1985-4 Amends management salary schedule 3-1B CCO
1985-5 Amends taxi Ord. 10-42 13-58
1985-6 Establishes purchasing agent 4-69 2-381 , 2-382
Establishes purchasing agent 4-70, 4-71 2-383 , 2-384
1985-7 Amends bidding for contracts 3-19 2-369
1985-8 Amends closing time of parks 12-78 12-48
1985-9 1—6 Amends condominium conversion Ord. — 7-61 — 7-67
8—10 Amends condominium con- — 7-68 —7-70
11 Amends condominium conversion Ord. — 7-71, 7-76
12, 13 7-72, 7-73
15, 16 Amends condominium conversion Ord. — 7-74, 7-75
1985-10 Amends salaries of elected officials 3-1B CCO
1985-10A Amends salaries of elected officials 3-1B CCO
1985-11 Amends salaries of elected officials 3-1B CCO
1986-1 1, 3—8 Establishes interim zoning regulations — CCO
Interim planning district for Assembly Square CCO
Interim planning district for Boynton Yards CCO
Interim planning district for Union Square CCO
1986-2 1 Amends zoning Ord. — CCO
1986-3 2—4 Amends zoning Ord. — CCO
1986-4 2 Amends zoning Ord. — CCO
1986-5 Restricts noise — 9-109
1986-6 Amends civil defense Ord. 5-1—5-3 4-1 — 4-3
Amends civil defense Ord. 5-4 4-5
Amends civil defense Ord. 5-5 4-4
Amends civil defense Ord. 5-6, 5-7 4-6
Amends civil defense Ord. 5-8 4-7
Amends civil defense Ord. 5-9—5-13 4-8 — 4-12
1986-7 Amends zoning Ord. — CCO
1986-8 Amends salaries of elected officials 3-1B CCO
1986-9 Restricts mechanical or automatic amusement devices — 8-15
1987-1 Regulates placement of household refuse 8-22 11-31
1987-2 Amends Code by adding Ord. No. 1987-1 8-22 11-31
1987-3 2 Amends general penalty provisions 1-13 1-11 (b)
1987-4 Amends salary of commissioner of public works 3-1B CCO
1987-5 1—4 Amends zoning Ord., zoning map — CCO
1987-6 1—5 Amends zoning Ord. to permit townhouse projects — CCO
1987-7 1, 2 Creates position of assistant civil engineer — CCO
1987-8 Amends Ord. No. 1987-1 — 11-31
1987-9 1, 2 Amends salaries of certain officials 3-1B CCO
1988-1 1, 2 Establishes salaries for certain board members 2-3A CCO
1988-2 1—3 Amends management salary schedule 3-1B CCO
1988-3 1—7 Establishes Somerville Commission for Women — 2-282 — 2-287
1988-4 Ordinance adopting Code — p. ix
1988-5 1 Amends zoning Ord. — CCO
1988-6 1 Amends zoning Ord. — CCO
1988-7 Amends zoning Ord. — CCO
1988-8 1, 2 Amends zoning Ord. — CCO
1988-9 Amends zoning Ord.; map of ward III — CCO
1988-10 Organization of fire department — 5-31
1988-11 Creates Industrial Park Zoning District — CCO
1988-12 Amends zoning Ord.; map for Boynton Yards Revitalization Area — CCO
1988-13 1 Police manpower; number of lieutenants — 10-1.1
1988-14 Appointment of board of health director — 6-17
1988-15 1, 2 Notification requirements for vacant property — 11-101 (a), 11-111
1988-16 Compensation of officials 3-1B CCO
1988-17 Management salary schedule 3-1B CCO
Ord. of 2-11-88 Amends Board of Aldermen rules App. B
1989-1 1 Complaints re taxicabs, taxi stands and taxi operators —
1989-2 1 Taxi Rates 10-27 13-6.1
1989-3 1—6 Affordable housing trust — 7-91 — 7-96
1989-4 Amends zoning Ord. — CCO
1989-5 Compensation for certain appointed officials — CCO
1989-6 2 Applications for historic district status — 7-18
7-21 (b)
1990-1 Transfer of garage license — 8-168
1990-2 Licensing restrictions for garages — 8-170
1990-3 Transfers funds to accommodate changes in salaries CCO
1990-4 Extending I.P.D. for Assembly Square — CCO
1990-5 Comprehensive update of zoning ordinance — CCO
1990-6 Noncriminal penalties — 1-11 (b), 11-31 (i),
12-9
1990-7 1 Limits terms on appointment to historic preservation commission
1990-8 Water and sewer rates — 11-125 (a)
1990-9 Liquor or entertainment license — 2-219 (a)
1990-10 1 License for self-service gasoline systems — 8-12 (b)
1990-11 1—7 Connection of private fire alarm systems to city fire alarm systems — 5-91 — 5-97
1990-12 1—7 AIDS commission — 6-81 — 6-87
1990-13 1 Number of taxicab licenses 13-46 (a)
1990-14 1 Number on taxis — 13-4
1990-15 Removal of trash from sidewalks — 11-43
1990-16 Regulates trash outside of places of business — 11-44
1990-17 Noncriminal disposition of ordinance violations — 1-11 (b)(2), (5)—(8)
1990-18 Cutting of grass on sidewalks — 9-56
1990-19 Repair of automobiles on public ways — 9-57
1990-20 Dumping of commercial trash — 11-34
1990-21 Disposal of surplus goods — 2-385
1990-22 Issuance of licenses prohibited until taxes paid — 8-3
1991-1 Amends zoning Ord. — CCO
1991-2 Authorizes biweekly payment of wages — 2-365
1991-3 Collection of household refuse — 11-31
1991-4 Asphalt street and sidewalk openings — 12-20
1991-5 1.1—1.11, Addendum Cross connection control — 11-181 — 11-192
1991-6 1—6 Special police officers — 10-51—10-56
1991-7 1 Amends bidding threshold for contracts — 2-369
1991-8 Amends trash ordinance
1991-9 Strikes out words "metal medallions" and "medallion" 13-41 (b)
1991-10 Amends zoning map — CCO
1992-1 Demolition notification procedures — 11-105 (c)
1992-2 Powers and duties of planning board — 2-233
1992-3 Fee schedules — CCO
1992-4 Open-air vending — 8-103 — 8-115
1992-5 Hawkers and peddlers — 8-76 — 8-87 , 8-91
8-93 — 8-104
1992-6 Transient vendors — 8-88 - 8-100
1992-7 Amends zoning map — CCO
1992-8 Licensing of taxicabs — 13-1
1992-9 1—3 Taxicabs, taxi stands, taxi operators — 13-45
1993-1 Creates human rights commission — 2-237 — 2-245
1993-2 Notification requirements for establishment of historic districts — 7-18 (1)
1993-3 Responsibilities of purchasing department — 2-383 (1)
1993-4 Bidding threshold and bidding exemptions — 2-369
1993-5 Increases membership of human rights commission — 2-238 (a), (c)
1993-6 Salaries 3-1B CCO
1993-7 Amends zoning Ord. — CCO
1994-1 Installation of automatic amusement devices — 8-15
1994-2 Disorderly conduct — 9-106
1994-3 Installation of automatic amusement devices — 8-15 (note)
1994-4 Biotechnology research — 6-56 — 6-72
1994-5 Taxi fare increase — CCO
1994-6 Peeping prohibited — 9-72
1994-7 Amends zoning Ord. — CCO
1994-8 Bottle redemption centers 8-201 — 8-204
1994-9 Salary changes—failed CCO
1994-10 Transformer regulations 11-56
1994-11 Amends zoning Ord. CCO
1994-12 Placement of electric, phone or cable wires 11-65
1994-13 Door-to-door solicitors 8-146 — 8-152
1994-14 Dogs disturbing the peace 3-31 — 3-38
1994-15 Amends human rights commission 2-238 (b)—(d), 2-240 (a), (c)
1994-16 1, 2 Salary adjustment for selected officers CCO
1995-1 Limiting minors' ability to possess spray paint 1-11 (30), 9-93
1995-2 Rules and procedures for use of Board of Aldermen Rooms; vetoed on Feb. 17, 1995 and overridden on Feb. 23, 1995 CCO
1995-3 Amends Ord. No. 1995-1 by inserting "and/or indelible markers" 1-11 (30), 9-93
1995-4 1—3 Positions/salaries 3-1B CCO
1995-5 1 Amends zoning Ord. CCO
1995-6 1 Amends zoning map CCO
1995-7 Specifications for poles and transformers 11-56
1995-8 I Mechanical or electronic amusement devices restricted 8-15
1995-9 Prohibits moving during certain hours 1-11 (31), 9-110
1995-10 Increases fee for taxi stands TCO
Amd. of 2-9-95 Zoning map amendment CCO
1996-1 Amends zoning map CCO
1996-2 Regulates trash removal from sidewalks 11-44
1996-3 Not used CCO
1996-4 Not used CCO
1996-5 Not used CCO
1996-6 Amends zoning map CCO
1996-7 Amends zoning map CCO
1996-8 Requests discontinuation and disposition of portion of Cummings St. TCO
1997-1 Establishes a temporary moratorium on wireless communication facilities CCO
1997-2 Repeals and replaces 10-1, organization of the police department 10-1
1997-3 Repeals and replaces section 5-31(a), organization of the fire department 5-31 (a)
1997-4 City's dog problems 3-38 (e)
1997-5 Code of conduct, ethics and financial disclosure 15-31 — 15-39
1997-6 Design and location of wireless CCO
1998-1 Repeal of 2-386 contracts with Burma (Myanmar) prohibited CCO
1998-2 Placement and maintenance of newsracks 12-66 — 12-75
1998-3 Sale of alcoholic beverages to anyone under 21 years of age prohibited 9-2 , 1-11
1999-1 Somerville Living wage ordinance 2-397 — 2-403
1999-2 Taxi fare rates 13-6.1
1999-3 1 Amends ch. 15 to add word chapter 15-33 (c)(2)
2 Amends ch. 15 15-38 (2)
1999-4 Sets fees for the sealer of weights and measures CCO
1999-5 Amends salaries CCO
1999-6 Amends the entire Code of Ords. to implement gender neutral lang. 1-4 (note)
School traffic supervisors unit 10-15
School traffic supervisors 10-15 (a)
Ord. of 3-23-2000 Davis Park Dev. to name the right-of-way from Cameron Ave. to Howard St. App. D
2000-1 Established a consolidated dept. of municipal finance 2-421 — 2-427
2000-2 Trespass-delivery personnel to use walkway 9-58
2000-3 Penalties and violations zoning 1-11 (b)
2000-4 Amends zoning Ord. CCO
2000-5 Amends zoning Ord. CCO
2000-6 Amends zoning Ord. CCO
2000-7 Amends Sec. 2-4 , hours of operation of city 2-4
2000-8 Amends zoning Ord. CCO
2000-9 Amendment to ethics ord. 15-32
2000-10 Amends board of alderman 2-47
2000-11 Amends noise control ord. 9-112 — 9-119
2000-11A Board of aldermen repeal various ordinances concerning noise(as listed on the accompanying letter) Rpld 9-106, , 9-109, ,
2000-12 Deleting secs. pertaining to commercial garages, auto repair shops and body shops 8-166 — 8-169
2000-13 Amends 2-124 2-124
2000-14 Amends 2-125 2-125
2000-15 Amends 2-357 2-357
2000-16 Commercial trash coll. decal fees 8-16
2001-1 Amends zoning Ord. CCO
2001-02 Established a bicycle adv. com. 2-300 — 2-303
2001-03 Salary schedule CCO
2001-4 Amends zoning Ord. CCO
2001-5 Amends zoning Ord. CCO
2001-6 Fire detail required during demolition 5-8
2001-7 Amends zoning Ord. CCO
2001-8 Projection upon or over any street or sidewalk 12-14
Increase of bond of signs over public ways 12-15 (c)
2001-09 Increase of bond of signs over public ways 12-15 (c)
2001-10 Service contract 2-398
2001-11 Salary schedule CCO
2001-12 Salary schedule CCO
2001-13 Amends zoning Ord. CCO
2001-14 Amends zoning Ord. CCO
2001-15 Amends zoning Ord. CCO
2001-16 Amends zoning Ord. CCO
2001-17 Payment of taxes as a condition of licenses 8-3
2001-18 Salary schedule CCO
2001-19 Commission on energy use and climate change Added 2-304 — 2-309
2001-20 Digging up streets; permit required 11-143

APPENDIX B RULES OF THE CITY COUNCIL*

Adopted December 11, 2025

Meetings

Rule 1. Regular meetings of the city council shall be held at such time and place as the city council may establish by ordinance pursuant to section 2-5(d) of the City Charter. Special meetings of the city council may be convened by the mayor, by the president of the city council, or by six members of the city council as provided by sections 2-5(e) and 3-10(b) of the City Charter.

Rule 2. The city clerk shall schedule an annual caucus at 6:30 pm on the Tuesday preceding Thanksgiving to conduct a poll of the members and members-elect, as the case may be, to express their preference as to the election of the president and vice president of the city council for the upcoming year.

Rule 3. The seats of the members of the city council shall be numbered and assigned by drawing the names of the members and the numbers of the seats simultaneously, annually, at the first meeting of the city council. The president and vice president shall sit in the last two seats, respectively.

Rule 4. The city clerk shall prepare the agenda for a meeting, post it, and distribute it to all members in accordance with MGL c. 30A §§ 18-25 as amended, with regulations promulgated thereunder, hereinafter called the open meeting law. Any matter submitted by a non-member shall only appear on the agenda if it is in the hands of the city clerk by the close of business four workdays before the meeting (Friday for a regular Thursday meeting). Any matter submitted by a member shall only appear on the agenda if it is in the hands of the city clerk by the close of business three workdays before the meeting (Monday for a regular Thursday meeting). Any item submitted after these times but by the close of business one workday before the meeting (Wednesday for a regular Thursday meeting) shall be added to the agenda as a supplemental item, subject to the requirements of the open meeting law. The agenda and supplement shall be made available to all members of the city council by 3 pm on the day of the meeting. Any additional item not included in the agenda or supplement that the city clerk presents, if challenged, shall be accepted only by a two-thirds vote of the city council.

Rule 5. A majority of the entire membership shall constitute a quorum for the transaction of business. A member participating remotely must be visible on camera, or, if video is not reasonably practicable, able to be clearly and identifiably heard to be recognized as present for the purpose of establishing quorum. The presiding officer shall take the chair at the hour fixed or to which the city council has recessed, and shall convene the meeting. If a quorum is not present at such time, then the presiding officer shall recess such meeting until a quorum is in attendance, but if a quorum fails to materialize within thirty minutes of the time originally set forth, then the presiding officer shall adjourn such meeting forthwith.

Rule 6. No employee of the city government, except the city attorney, shall be required to appear before the city council unless fourteen day's written notice shall have been given to the employee, following approval by a majority vote of the city council. Such notice shall be prepared by the city clerk and shall describe the matter that the city council is interested in discussing.

Rule 7. Written minutes of the city council meeting, which shall include a record of the proceedings, describing the disposition of each agenda item and any votes taken, and a synopsis of the discussion, shall be maintained by the city clerk and approved by the city council, as prescribed by the most recent edition of Robert’s Rules of Order and the requirements of the open meeting law.

Rule 8. Each meeting of the city council or any of its committees shall be video recorded whenever video recording equipment is available and operable. In the absence of video recording equipment, an audio recording shall be made whenever audio recording equipment is available and operable. The city clerk shall ensure that the recording is made available for public review on the city council’s web portal. Subject to direction from the city attorney, executive session meetings shall not be recorded by video or audio, but minutes for such meetings shall be kept by the city clerk.

Rule 9. Minutes of executive sessions shall be recorded by a recorder of the city council's choosing and presented to the chair for approval. Members shall have seven days from adjournment of the executive session to request a review by the committee, and if such request is made, the chair shall schedule a meeting to facilitate such review in accordance with the open meeting law as soon as reasonably practicable. Once approved, the minutes shall be sealed and presented to the city clerk, who shall thereafter maintain them. All executive session minutes shall remain confidential until the city council votes in open session to release them. The city clerk and city attorney shall, at least every six months, prepare a recommendation to the city council as to which minutes should be released pursuant to the open meeting law.

Presiding Officer

Rule 10. The president of the city council or, in their absence, the vice president, shall take the chair and preside at the meeting. At any meeting of the city council, in the absence of the president and vice president the member with the most years of service present shall preside until a president pro tempore is elected.

Rule 11. The presiding officer shall preserve decorum and order and may speak to points of order in preference to other members. The presiding officer shall be entitled to call a recess of up to five minutes in duration when deemed appropriate. The presiding officer shall decide all questions of order and shall be the determinant on all interpretations of these rules. If any member wishes to appeal such decision or determination, that member shall make a motion, and if it is seconded, then no other business shall be in order until the question on appeal is decided by a majority vote of the city council.

Rule 12. The presiding officer may refuse to allow any items which in their opinion do not have a direct bearing on the business of the city council. These items shall be placed on file and shall not be further considered.

Rule 13. The president may express an opinion on any subject under debate, but in such case shall leave the chair and the vice president shall preside. The president may state facts and give opinions on questions of order without leaving the chair.

Rule 14. The presiding officer shall declare all votes, but if any member doubts the vote, the chair, without further debate, shall require the members to vote in the affirmative or negative by roll call, and shall declare the result only after all members present have voted. No member shall be recorded on any vote unless they are visible on camera, or, if video is not reasonably practicable, able to be clearly and identifiably heard if participating remotely, or voicing their vote into the microphone at their assigned seat if physically present.

Rule 15. The presiding officer shall name the member who shall first be heard, whenever two or more members address the chair at the same time.

Rule 16. When a question is under debate before the city council or a committee of the city council, the presiding officer shall entertain no motion but:

  1. (1) to adjourn,
  2. (2) to lay on the table,
  3. (3) for the previous question,
  4. (4) to postpone to a day certain,
  5. (5) to refer to a committee,
  6. (6) to amend,
  7. (7) to postpone indefinitely, or
  8. (8) to recess.

These motions shall be decided by a majority vote of those present and shall take precedence in the order in which they are arranged, and the first two shall be decided without debate. On a motion for the previous question no more than five minutes shall be allowed for debate and no member shall speak except in opposition to the motion or for more than two minutes. All questions of order arising after a motion for the previous question shall be decided without debate, except on appeal, and on appeal no member shall speak more than two minutes or more than once. The adoption of the previous question shall put an end to all debate and bring the city council to a direct vote upon pending amendments, if any, and then upon the main question.

Rights and Duties of Members

Rule 17. Members shall not act in a disrespectful, abusive or threatening manner towards members of the community, other elected or appointed officials, and city employees. Members shall participate and interact in city council and committee meetings with dignity and decorum fitting those who hold a position of public trust.

Rule 18. Every member when about to speak, shall address the president or committee chair, as the case may be, and shall confine themselves to the question under debate, avoiding personal remarks at all times.

Rule 19. Any member may sponsor an employee of city government to address the city council on any matter properly before the city council, or request the reading of any item in full, unless such sponsorship or reading is objected to by any member. Upon such objection, the address or reading shall occur only by majority vote of the city council.

Rule 20. Any member of the city council, or a committee of the city council, may sponsor a member of the public to address the city council, or committee, on any matter properly before the city council, or committee, as the case may be, unless such sponsorship is objected to by any member. Upon such objection, the address shall occur only by a two-thirds vote of the entire membership of the city council, or by a majority vote of the committee members present.

Rule 21. In accordance with the provisions of MGL c. 233, § 8, the city council is hereby authorized to issue subpoenas for the attendance of witnesses and/or the production of books and papers as to matters within their authority at a hearing of the city council or any committee thereof. If any member of the city council wishes to have such a subpoena issued to compel the appearance of a witness and/or the production of books and papers to a meeting of the city council, or a committee thereof, the member shall move to have such a subpoena issued. Upon the approval of a majority of the members of the city council, the city clerk shall issue such subpoena.

Rule 22. No member shall speak on the same question more than once unless all other members who wish to speak have already spoken. No member shall speak on any subject for more than five consecutive minutes without having first relinquished the floor to any other member who wishes to speak on the subject. No member shall interrupt another, except on a point of order, a request for information, or a question of personal privilege.

Rule 23. No member shall vote or serve on any committee where the subject under debate concerns their private interest, as opposed to the public interest. Otherwise, every member who is present when a question is put shall vote in the affirmative or negative unless excused from doing so by the city council. Application to be so excused shall be made before the vote is taken.

Rule 24. No member shall represent the city council unless appointed to do so by the president.

Committees

Rule 25. The president shall annually, as soon after the organization of the city council as may be convenient, appoint the members to the following standing committees, and any special committees they may choose to create. The president may, at any time, and for any reason, change the membership of any committee. The president shall not serve as chair or vice chair of any standing committee.

  1. (1) Confirmation of Appointments and Personnel Matters (five members)
  2. (2) Finance (five members)
  3. (3) Housing, Community Development and Equity (three members)
  4. (4) Land Use (five members)
  5. (5) Legislative Matters (five members)
  6. (6) Licenses and Permits (three members)
  7. (7) Public Health and Public Safety (three members)
  8. (8) School Building Facilities and Maintenance (three members)
  9. (9) Sustainability and Infrastructure (three members)
  10. (10) Traffic and Parking (three members)

Rule 26. The member first named on each committee shall be its chair. In the case of the chair's resignation, inability to serve or absence, the other members in the order in which they are named shall call meetings of the committee and act as chair, subject to the provisions of Rule 25. The most recent edition of Robert's Rules of Order shall be the authority on all questions of debate in committee wherever they do not conflict with the several rules of the city council that apply to committees.

Rule 27. A majority of a committee shall constitute a quorum for the transaction of business. A member participating remotely must be visible on camera, or, if video is not reasonably practicable, able to be clearly and identifiably heard to be recognized as present for the purpose of establishing quorum. The chair shall take the chair at the hour fixed or to which the committee has recessed, and shall convene the meeting. The chair shall preserve decorum and order. If a quorum is not present at such time, then the chair shall recess such meeting until a quorum is in attendance, but if a quorum fails to materialize within thirty minutes of the time originally set forth, then the chair shall adjourn such meeting forthwith, and shall prepare a report of the committee indicating such.

Rule 28. The chair of any committee may call and preside at a meeting of the committee of the whole, to include all members of the city council, pursuant to the notice requirements of the open meeting law, whenever they determine that such a meeting shall facilitate the consideration of an item before the committee. In such case, a majority of the entire membership shall constitute a quorum for the transaction of business. In other respects, the provisions of Rule 27 shall apply to these meetings.

Rule 29 . The chair of each committee shall determine the agenda for each committee meeting, and shall include in said agenda any items that the committee previously voted to include on the agenda for the meeting in question. The clerk of committees shall prepare the agenda and the report of the meeting, which shall include the disposition of each agenda item and any roll call votes taken. Any document submitted to the members of the committee in connection with the main item under discussion during the committee meeting shall be identified in the report. The clerk shall insure that all such items are readily available for viewing during searches of the main item on the web portal for the city council. The report shall be approved by the chair and submitted to the city council for action at its next meeting. In no case shall this preclude a member not in agreement from submitting a minority report. The clerk shall also prepare the minutes of the meeting, which shall consist of the committee’s actions, decisions, and votes, with a summary of any discussions, as prescribed by the most recent edition of Robert’s Rules of Order and the requirements of the open meeting law. The minutes shall be approved by the committee at a subsequent meeting. No committee shall act by separate consultation and no report shall be received by the city council unless the subject thereof shall have been considered in committee actually assembled.

Rule 30. All items of business reported adversely by a committee shall contain the endorsement, "recommended to be not approved" on such order, ordinance, resolution, petition or other matter, and if the report is accepted, the matter shall be disposed of.

Rule 31. Pursuant to the Open Meeting Law, if less than a quorum of the full city council attends a committee meeting, the visiting members may participate in full discussion. However, if a quorum of the full city council is present at the committee meeting, the visiting members must sit in the audience and participate as members of the public and may not deliberate.

Order of Business

Rule 32. At every meeting of the city council the order of business shall be as follows:

  1. (1) Opening ceremonies, including roll call, a salute to the Flag of the United States of America, and the approval of the minutes.
  2. (2) Citations.
  3. (3) Public hearings.
  4. (4) Ordinances, orders, resolutions and motions of members.
  5. (5) Unfinished business.
  6. (6) Reports of committees.
  7. (7) Communications of the mayor.
  8. (8) Communications of city officers.
  9. (9) New business.
  10. (10) Supplemental items.

Rule 33. All items on the agenda shall be acted upon in the order in which they are read by the city clerk, unless the city council shall otherwise direct by majority vote of the members present. All items shall be read by their titles only, unless any member requests a reading pursuant to Rule 19.

Rule 34. No report of a committee shall be acted upon by the city council unless it is printed on the agenda of a meeting.

Rule 35. After a motion or item is stated or read before the city council it shall be deemed to be in possession of the city council and shall be disposed of by vote, but the mover may withdraw it at any time before a decision or amendment if no objection is made.

Rule 36. Every motion shall be reduced to writing if the presiding officer so directs or if any member so requests. A motion need not be seconded, either before the city council or a committee of the city council, except as provided in Rule 11.

Rule 37. A question containing two or more propositions may be divided whenever such division can clearly be made, and such division shall be determined by a majority vote of the members present. A member may sever an item from a committee report in order to separately vote on that item from the remainder of the report if determined favorably by a majority vote of the members present.

Rule 38. Every item shall, after its passage, remain in the possession of the city clerk until 12 noon of the second weekday (Saturdays and holidays excepted) following the day of the meeting at which final action was taken. If, during that time, notice of intent to move for reconsideration is filed with the city clerk, then such item shall be considered unfinished business before the city council. If, during that time, no notice of intent to move for reconsideration is filed with the city clerk, then such item shall be considered as having passed out of the custody of the city council.

Rule 39. A motion for reconsideration shall only be made by a member on the prevailing side. No motion for reconsideration shall be made upon any of the following motions: to adjourn, for a roll call vote, to lay on the table, or for the previous question. On a motion for reconsideration no more than twenty minutes shall be allowed for debate, and no member shall speak more than two minutes. No motion for reconsideration shall be made during a meeting at which final action on a matter has been taken except by two-thirds vote of the entire membership. No motion shall be twice reconsidered, but this shall not prevent the city council from reconsideration of any matter vetoed by the mayor.

Rule 40. Petitions for licenses or permits shall, upon their receipt by the city council, be referred to the committee on licenses and permits unless a motion to approve without referral to committee is approved by two-thirds of the entire membership.

Rule 41. Appointments and reappointments subject to confirmation and personnel matters shall, upon receipt by the city council, be referred to the committee on confirmation of appointments and personnel matters unless a motion to approve without referral to committee is approved by two-thirds of the entire membership.

Rule 42. Mayor's requests for direct appropriations, transfers, tax levies or loans shall, upon receipt by the city council, be referred to the committee on finance unless a motion to approve without referral to committee is approved by two-thirds of the entire membership.

Rule 43. Proposed ordinances relating to zoning shall, upon receipt by the city council, be referred to the committee on land use and to the planning board.

Rule 44. Proposed ordinances not above described shall, upon receipt by the city council, be referred to the committee on legislative matters.

Rule 45. On all matters not described in Rule 40 through Rule 44, the presiding officer shall determine how the matter shall be disposed of, unless a majority of members present shall vote otherwise.

Rule 46. No endorsement of any kind, except reports of committees, shall be made upon any items referred to committee.

Rule 47. Any item referred to a committee and not acted on within sixty days of such referral may be ordered for discharge from that committee by any member upon a vote of a majority of the entire membership.

Orders, Ordinances and Resolutions

Rule 48. All orders, ordinances and resolutions shall be submitted by the member who presents them, or by an authorized representative. Any member may solicit more than a quorum of the city council to co-sponsor an order, ordinance, resolution, or citation, but any discussion or deliberation which reaches a quorum of the members must occur in open session. The solicitation should instruct that questions or discussions be withheld until the city council next meets in open session.

Rule 49. Up to a subquorum of the city council (one to no more than five members) may sponsor an order, resolution or ordinance and request the clerk of committees to email the remaining members as to whether they wish to co-sponsor that item. The names of the members who originally sponsor the item may be identified in that communication from the clerk of committees. The remaining members may only respond to the clerk of committees directly as to whether they wish to co-sponsor the item, and may not notify any members of their decision. Any agendas published for the meeting at which the item will appear shall only reveal the names of the original member(s) who sponsored the item. The names of any additional co-sponsors who favorably responded to the communication from the clerk of committees shall only be disclosed when the city clerk reads the item at the meeting at which the item is on the agenda. The sponsorship of an item does not commit a member to ultimately vote in favor of the item.

Rule 50. In all votes, when the city council expresses an action by way of command the form of expression shall be, "ordered"; and when the city council expresses an opinion, principles, facts or request, the form shall be "resolved."

Rule 51. Every order and resolution shall be read a single time before the question on final adoption is taken, unless it is referred to a committee.

Rule 52. A copy of every proposed ordinance and home rule petition shall be made available to each member at the start of the meeting at which its approval is expected to be under consideration.

Rule 53. A copy of every ordinance, before being enrolled, shall be made available to each member. No ordinance once enrolled shall be amended. No ordinance shall be passed through all its stages of legislation at the same session, except by a two-thirds vote of the entire membership taken by roll call.

Rule 54. On the first occasion that the question on adoption of a measure is put to the city council, a single member may object to the taking of the vote and postpone the vote until the next meeting of the city council, whether regular or special. If 2 or more members object, the vote shall be postponed until the next regular meeting. This procedure shall not be used more than once for any specific matter regardless of whether it has been amended. The invocation of a member's rights under this rule or under section 2-9(b) of the City Charter shall shall have privilege over all motions; provided, however, that it shall be raised prior to or at the call for a vote by the presiding officer and at that time all debate pertaining to the item shall cease. Any matter postponed under this rule shall be considered unfinished business at subsequent meetings, but shall remain on the table until removed by a majority vote of the city council.

Rule 55. Every ordinance or other measure as required by law adopted or passed by the city council, except any matters relating to the internal affairs of the city council, shall be presented to the mayor for approval. If the mayor approves the measure, the mayor shall sign it. If the mayor disapproves the measure, the mayor shall return it to the city council with the specific reason for disapproval attached in writing. The city council shall enter the objections of the mayor on its records and reconsider the measure at its subsequent regular meeting. If the city council, regardless of the disapproval by the mayor, again passes the identical measure by affirmative vote of not less than 8 members of the city council, the measure shall then be deemed in force. If the mayor has neither signed a measure nor returned it to the city council within 10 days following the date it was presented to the mayor, the measure shall be deemed approved and in force.

Rule 56. After an order or resolution is adopted by the city council, the presiding officer may refer such item to a committee of the city council unless the majority of members present shall vote otherwise. In that event, the clerk shall note on the item that it was adopted by the city council and referred to a committee for further action. Whenever the committee discusses such item at a committee meeting, the committee report shall report on the action. When the committee, by a majority vote at a committee meeting, has determined that it has completed its work on the item, the committee report shall note that it is the recommendation of the committee that the item be returned to the full city council. If the committee's recommendation is accepted by the city council, then the clerk shall note on the item that it was returned by the committee to the city council with the date. No item shall be referred by the presiding officer to more than one committee.

Rule 57. Whenever any order, ordinance, resolution or other matter shall have been finally rejected by vote of the city council, no measure embodying substantially the same subject matter shall be acted upon by the city council, by any committee or member within six months of the date of its rejection.

Duties of the Clerks

Rule 58. The city clerk shall have charge of all journals, records and documents of the city council and shall attest all warrants. They may make changes to correct the form of an item once acted on by the city council but prior to its presentation to the mayor, provided that its substance is not thereby affected. They shall maintain the papers and all documents for which no other provision has been made by law or ordinance. They shall keep and submit minutes of every meeting of the city council, which shall become the official record of the city council's actions upon acceptance by the city council. The city clerk shall be the clerk of the city council, and they or their designee shall attend all meetings, shall record the names of the members present and shall keep a record of all votes and proceedings.

Rule 59. The clerk of committees or in their absence the assistant clerk of committees shall keep a list of committees and their respective memberships posted in a convenient place in the committee room of the city council. They shall prepare correspondence for each committee, and keep a record of every item of business before each committee. They shall notify every member of the city council of all committee meetings and shall prepare the agenda and minutes of each committee meeting. They shall prepare and deliver to the city clerk all orders, ordinances and resolutions. They shall conduct research, prepare reports and perform such other functions and have such other duties as the president or any committee, by majority vote, shall from time to time direct. The clerk of committees and assistant clerks of committees shall be directly responsible to the president of the city council.

Rule 60. The city clerk shall schedule usage of the council chambers and committee room for the city council or other city boards, committees, commissions, or departments. The committee room, however, shall only be scheduled business days between the hours of 8:30 am and 4:30 pm. The city council reserves the right to use the rooms at any time, even if they had previously been scheduled by another entity. The rooms may not be used by other entities without the expressed consent of the president. Use of the rooms may be withheld from any group that, in the opinion of the president or city clerk, does not leave them in a clean and orderly condition.

Suspension or Alteration of the Rules, Parliamentary Authority

Rule 61. No standing rule of the city council shall be suspended unless either two-thirds of the entire membership consents or the rule to be suspended specifies otherwise. No objection to suspension of the rules shall be deemed as an objection under Rule 54 or section 2-9(b) of the City Charter.

Rule 62. Every amendment to a rule, proposed new rule or repeal of a rule shall be forwarded to each member of the city council and shall be referred to the committee on legislative matters, or any appropriate special committee, which shall recommend its adoption or rejection. Two-thirds vote of the entire membership shall be required to amend, add or repeal a rule of the city council.

Rule 63. The rules of parliamentary procedure, as contained in the most recent edition of Robert's Rules of Order and interpreted by the city clerk, shall be the authority on all questions of debate or parliamentary usage wherever they do not conflict with the rules of the city council.

Cross reference(s) – Board of aldermen salary adjustments, § 2-41 et seq.

APPENDIX D BOARD OF HEALTH REGULATIONS

ISD/HEALTH DIVISION FEE SCHEDULE AS OF AUGUST 1, 2016
1) Plan Review Application Fee $100.00
2) New Business Application Fee $100.00
2) Retail Food 0—1,000 sq ft $240.00
1,000—7,500 sq ft $360.00
> 7,500 sq ft $600.00
4) Food Service 0—25 seats $240.00
26—200 seats $360.00
> 200 seats $600.00
5) Mobile Food $240.00
6) Catering Business $360.00
7) Frozen Dessert/Ice Cream Mfg. $25.00
8) Ice Cream Sales $25.00
9) Milk Licenses $10.00
10) Location of Tobacco Sales and Nicotine Delivery Product Sales* $200.00
11) Residential Kitchen for Retail Sale $220.00
12) Residential Kitchen for Bed & Breakfast Home or Establishments $330.00
13) Temporary Food Permit (Food event that operates for no more than 14 consecutive days in conjunction with a single event or celebration) $25.00
14) Market Food License (Farmers Markets and other market events) $100.00
15) Seasonal Food License (Food establishments that operate up to 6 months a year) $150.00
16) Late Fee $100.00
17) Swimming Pools $360.00
18) Steam Baths/Whirlpools $360.00
19) Tanning Facilities $360.00
20) Body Art Practitioner License $400.00
21) Body Art Apprentice License $300.00
22) Body Art Establishment $500.00
23) Dumpster Permit* $100.00
24) Dumpster Contractor's Permit $330.00
25) Optional Change of Occupancy Permit $55.00
26) Returned Check Fee $25.00
*Fee Increase approved by Board of Health and effective January 1, 2016

Body Art Regulations

SECTION 100.00. SECTIONS
1. Purpose SECTION 200.00
2. Authority SECTION 300.00
3. Definitions SECTION 400.00
4. Exemptions SECTION 500.00
5. Restrictions SECTION 600.00
6. Operation of Body Art Establishments SECTION 700.00
7. Standards of Practice SECTION 800.00
8. Exposure Incident Report SECTION 900.00
9. Injury and/or Complication Reports SECTION 1000.00
10. Complaints SECTION 1100.00
11. Application for Body Art Establishment Permit SECTION 1200.00
12. Application for Body Art Practitioner Permit SECTION 1300.00
13. Application for Body Art Apprentice SECTION 1300.10
14. Grounds for Suspension, Denial, Revocation or Refusal to Renew Permit SECTION 1400.00
15. Grounds for Suspension of Permit SECTION 1500.00
16. Procedure for Hearings SECTION 1600.00
17. Severability SECTION 1700.00
18. Fine for Violation SECTION 1800.00
19. Non-Criminal Disposition SECTION 1900.00
20. Effective Date SECTION 2000.00
SECTION 200.00. PURPOSES

Whereas body art is becoming prevalent and popular throughout the Commonwealth; and whereas knowledge and practice of universal precautions , sanitation, personal hygiene, sterilization and aftercare requirements on the part of the practitioner should be demonstrated to prevent the transmission of disease or injury to the client and/or practitioner; now, therefore the Board of Health of the City of Somerville passes these rules and regulations for the practice of body art in the City of Somerville as part of our mission to protect the health, safety and welfare of the public.

SECTION 300.00. AUTHORITIES

These regulations are promulgated under the authority granted to the Board of Health under Massachusetts General Law c. 111, Section 31.

SECTION 400.00. DEFINITIONS

Aftercare means written instructions given to the client, specific to the body art procedure(s) rendered, about caring for the body art and surrounding area, including information about when to seek medical treatment, if necessary.

Applicant means any person who applies to the Board of Health for either a body art establishment permit or practitioner permit.

Autoclave means an apparatus for sterilization utilizing steam pressure at a specific temperature over a period of time.

Autoclaving means a process which results in the destruction of all forms of microbial life, including highly resistant spores, by the use of an autoclave for a minimum of thirty minutes at 20 pounds of pressure (PSI) at a temperature of 270° Fahrenheit.

Blood borne Pathogens Standard means OSHA Guidelines contained in 29 CFR 1910.1030, entitled "Occupational Exposure to Blood borne Pathogens."

Board of Health or Board means the Board of Health that has jurisdiction in the community in which a body art establishment is located including the Board or officer having like powers and duties in municipalities where there is no Board of Health.

Body Art means the practice of physical body adornment by permitted establishments and practitioners using, but not limited to, the following techniques: body piercing, tattooing, cosmetic tattooing, branding, and scarification. This definition does not include practices that are considered medical procedures by the Board of Registration in medicine, such as implants under the skin, which procedures are prohibited.

Body Art Establishment or Establishment means a location, place, or business that has been granted a permit by the Board, whether public or private, where the practices of body art are performed, whether or not for profit.

Body Art Practitioner or Practitioner means a specifically identified individual who has been granted a permit by the Board to perform body art in an establishment that has been granted a permit by the Board.

Body Piercing means puncturing or penetrating the skin of a client with pre-sterilized single-use needles and the insertion of pre-sterilized jewelry or other adornment into the opening. This definition excludes piercing of the earlobe with a pre-sterilized single-use stud-and-clasp system manufactured exclusively for ear piercing.

Braiding means the cutting of strips of skin of a person, which strips are then to be intertwined with one another and placed onto such person so as to cause or allow the incised and interwoven strips of skin to heal in such intertwined condition.

Branding means inducing a pattern of scar tissue by use of a heated material (usually metal) to the skin, making a serious burn, which eventually becomes a scar.

Cleaning Area means the area in a Body Art Establishment used in the sterilization, sanitation or other cleaning of instruments or other equipment used for the practice of body art.

Client means a member of the public who requests a body art procedure at a body art establishment.

Contaminated Waste means waste as defined in 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous medical or Biological Waste, State Sanitary Code, Chapter VIII and/or 29 Code of Federal Regulation part 1910.1030. This includes any liquid or semi-liquid blood or other potentially infectious material; contaminated items that would release blood or other potentially infectious material in a liquid or semi-liquid state if compressed; items on which there is dried blood or other potentially infectious material and which are capable of releasing these materials during handling; sharps and any wastes containing blood or other potentially infectious materials.

Cosmetic Tattooing , also known as permanent cosmetics, micro pigment implantation or dermal pigmentation, means the implantation of permanent pigment around the eyes, lips and cheeks of the face and hair imitation.

Disinfectant means a product registered as a disinfectant by the U.S. Environmental Protection Agency (EPA).

Disinfection means the destruction of disease-causing microorganisms on inanimate objects or surfaces, thereby rendering these objects safe for use or handling.

Ear-Piercing means the puncturing of the lobe of the ear with a pre-sterilized single-use stud-and-clasp ear-piercing system following the manufacturer's instructions.

Equipment means all machinery, including fixtures, containers, vessels, tools, devices, implements, furniture, display and storage areas, sinks, and all other apparatus and appurtenances used in connection with the operation of a body art establishment.

Exposure means an event whereby there is an eye, mouth or other mucus membrane, non-intact skin or paternal contact with the blood or bodily fluids of another person or contact of an eye, mouth or other mucous membrane, non-intact skin or paternal contact with other potentially infectious matter.

Hand Sink means a lavatory equipped with hot and cold running water under pressure, used solely for washing hands, arms, or other portions of the body.

Hot Water means water that attains and maintains a temperature of 110°—130° Fahrenheit.

Instruments Used for Body Art means hand pieces, needles, needle bars, and other instruments that may come in contact with a client's body or may be exposed to bodily fluids during any body art procedure.

Invasive means entry into the client's body either by incision or insertion of any instruments into or through the skin or mucosa, or by any other means intended to puncture, break, or otherwise compromise the skin or mucosa.

Jewelry means any ornament inserted into a newly pierced area, which must be made of surgical implant-grade stainless steel; solid 14k or 18k white or yellow gold, niobium, titanium, or platinum; or a dense, low-porosity plastic, which is free of nicks, scratches, or irregular surfaces and has been properly sterilized prior to use.

Light Colored means a light reflectance value of 70 percent or greater.

Minor means any person under the age of eighteen (18) years.

Mobile Body Art Establishment means any trailer, truck, car, van, camper or other motorized or non-motorized vehicle, a shed, tent, movable structure, bar, home or other facility wherein, or concert, fair, party or other event whereat one desires to or actually does conduct body art procedures.

Permit means board approval in writing to either (1) operate a body art establishment or (2) operate as a body art practitioner within a body art establishment. Board approval shall be granted solely for the practice of body art pursuant to these regulations. Said permit is exclusive of the establishment's compliance with other licensing or permitting requirements that may exist within the Board's jurisdiction.

Person means an individual, any form of business or social organization or any other non-governmental legal entity, including but not limited to corporation, partnerships, limited-liability companies, associations, trusts or unincorporated organizations.

Physician means an individual licensed as a qualified physician by the Board of Registration in Medicine pursuant to M.G.L. c. 112 § 2.

Practitioner means any person who individually, or jointly or severally with others, owns, or controls an establishment, but is not a body art practitioner.

Procedure Surface means any surface of an inanimate object that contacts the client's unclothed body during a body art procedure, skin preparation of the area adjacent to and including the body art procedure, or any associated work area, which may require sanitizing.

Sanitary means clean and free of agents of infection or disease.

Sanitize means the application of a U.S. EPA registered sanitizer on a cleaned surface in accordance with the label instructions.

Scarification means altering skin texture by cutting the skin and controlling the body's healing process in order to produce wounds, which result in permanently raised welts or bumps known as keloids.

Sharps means any object, sterile or contaminated, that may intentionally or accidentally cut or penetrate the skin or mucosa, including, but not limited to, needle devices, lancets, scalpel blades, razor blades, and broken glass.

Sharps Container means a puncture-resistant, leak-proof container that can be closed for handling, storage, transportation, and disposal and that is labeled with the International Biohazard Symbol.

Single Use Items means products or items that are intended for one-time, one-person use and are disposed of after use on each client, including, but not limited to, cotton swabs or balls, tissues or paper products, paper or plastic cups, gauze and sanitary coverings, razors, piercing needles, scalpel blades, stencils, ink cups, and protective gloves.

Sterilize means the use of a physical or chemical procedure to destroy all microbial life including highly resistant bacterial endospores.

Tattoo means the indelible mark, figure or decorative design introduced by insertion of dyes or pigments into or under the subcutaneous portion of the skin.

Tattooing means any method of placing ink or other pigment into or under the skin or mucosa by the aid of needles or any other instrument used to puncture the skin, resulting in permanent coloration of the skin or mucosa. This term includes all forms of cosmetic tattooing.

Temporary Body Art Establishment means the same as Mobile Body Art Establishment.

Three Dimensional "3D" Body Art or Beading or Implantation means the form of body art consisting of or requiring the placement, injection or insertion of an object, device or other thing made of matters such as steel, titanium, rubber, latex, plastic, glass or other inert materials, beneath the surface of the skin of a person. This term does not include Body Piercing.

Ultrasonic Cleaning Unit means a unit approved by the Board, physically large enough to fully submerge instruments in liquid, which removes all foreign matter from the instruments by means of high frequency oscillations transmitted through the contained liquid.

Universal Precautions means a set of guidelines and controls, published by the Centers for Disease Control and Prevention (CDC), as "Guidelines for Prevention of Transmission of Human Immunodeficiency virus (HIV) and Hepatitis B Virus (HBV) to Health-Care and Public-Safety Workers" in Morbidity and Mortality Weekly Report (MMWR), June 23, 1989, Vol. 38 No. S-6, and as "Recommendations for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis B Virus to Patients During Exposure-Prone Invasive Procedures" in (MMWR), July 12, 1991, Vol. 40, No. RR-8. This method of infection control requires the employer and the employee to assume that all human blood and specified human body fluids are infectious for HIV, HBV, and other blood pathogens. Precautions include hand washing; gloving; personal protective equipment; injury prevention; and proper handling and disposal of needles, other sharp instruments, and blood and body fluid-contaminated products.

SECTION 500.00. EXEMPTIONS
  1. (A) Physicians licensed in accordance with M.G.L. c. 112 § 2 who perform body art procedures as part of patient treatment are exempt from these regulations.
  2. (B) Individuals who pierce only the lobe of the ear with a pre-sterilized single-use stud-and-clasp ear-piercing system are exempt from these regulations.
SECTION 600.00. RESTRICTIONS
  1. (A) No tattooing , piercing of genitalia, branding or scarification shall be performed on a person under the age of 18.
  2. (B) Body piercing , other than piercing the genitalia, may be performed on a person under the age of 18 provided that the person is accompanied by a properly identified parent, legal custodial parent or legal guardian who has signed a form consenting to such procedure. Properly identified shall mean a valid photo identification of the adult and a birth certificate of the minor .
  3. (C) No body art shall be performed upon an animal.
  4. (D) The following body piercing are hereby prohibited: piercing of the uvula; piercing of the tracheal area; piercing of the neck; piercing of the ankle; piercing between the ribs or vertebrae; piercing of the web area of the hand or foot; piercing of the lingual frenulum (tongue web); piercing of the clitoris; any form of chest or deep muscle piercing, excluding the nipple; piercing of the anus; piercing of an eyelid, whether top or bottom; piercing of the gums; piercing or skewering of a testicle; so called "deep" piercing of the penis - meaning piercing through the shaft of the penis, or "trans-penis" piercing in any area from the corona glands to the pubic bone; so called "deep" piercing of the scrotum - meaning piercing through the scrotum or "transcrotal" piercing; so called "deep" piercing of the vagina.
  5. (E) The following practices are hereby prohibited unless performed by a medical doctor licensed by the Commonwealth of Massachusetts: tongue splitting; braiding ; three dimensional/ beading /implementation tooth filing/fracturing/removal/tattooing; cartilage modification; amputation; genital modification; introduction of saline or other liquids.
SECTION 700.00. OPERATION OF BODY ART ESTABLISHMENTS

Unless otherwise ordered or approved by the Board , each body art establishment shall be constructed, operated and maintained to meet the following minimum requirements:

  1. (A) Physical Plant. (1) Walls, floors, ceiling, and procedure surfaces shall be smooth, durable, free of open holes or cracks, light-colored, washable, and in good repair. Walls, floors, and ceilings shall be maintained in a clean condition. All procedure surfaces, including client chairs/benches, shall be of such construction as to be easily cleaned and sanitized after each client. (2) Solid partitions or walls extending from floor to ceiling shall separate the establishment's space from any other room used for human habitation, any food establishment or room where food is prepared, any hair salon, any retail sales, or any other such activity that may cause potential contamination of work surfaces. (3) The establishment shall take all measures necessary to ensure against the presence or breeding of insects, vermin, and rodents within the establishment. (4) Each practitioner area shall have a minimum of 45 square feet of floor space for each practitioner. Each establishment shall have an area that may be screened from public view for clients requesting privacy. Multiple body art stations shall be separated by a divider or partition at a minimum. (5) The establishment shall be well ventilated and provided with an artificial light source equivalent to at least 20 foot candles 3 feet off the floor, except that at least 100 foot candles shall be provided at the level where the body art procedure is being performed, where instruments and sharps are assembled and all cleaning areas . (6) All electrical outlets in practitioner areas and cleaning areas shall be equipped with approved ground fault (GFCI) protected receptacles. (7) A separate, readily accessible hand sink with hot and cold running water under pressure, preferably equipped with wrist- or foot-operated controls and supplied with liquid soap, and disposable paper towels stored in fixed dispensers shall be readily accessible within the establishment. Each practitioner area shall have a hand sink. (8) There shall be a sharps container in each practitioner area and each cleaning area. (9) There shall be a minimum of one toilet room containing a toilet and sink. The toilet room shall be provided with toilet paper, liquid hand soap and paper towels stored in a fixed dispenser. A body art establishment permanently located within a retail shopping center, or similar setting housing multiple operations within one enclosed structure having shared entrance and exit points, shall not be required to provide a separate toilet room within such body art establishment if Board- approved toilet facilities are located in the retail shopping center within 300 feet of the body art establishment so as to be readily accessible to any client or practitioner. (10) The public water supply entering a body art establishment shall be protected by a testable, reduced pressure back flow preventor installed in accordance with 142 Code of Massachusetts Regulation 248, as amended from time to time. (11) At least one covered, foot operated waste receptacle shall be provided in each practitioner area and each toilet room. Receptacles in the practitioner area shall be emptied daily. Solid waste shall be stored in covered, leak proof, rodent-resistant containers and shall be removed from the premises at least weekly. (12) At least one janitorial sink shall be provided in each body art establishment for use in cleaning the establishment and proper disposal of non-contaminated liquid wastes in accordance with all applicable Federal, State and local laws. Said sink shall be have adequate size equipped with hot and cold running water under pressure and permit the cleaning of the establishment and any equipment used for cleaning. (13) All instruments and supplies shall be stored in clean, dry, and covered containers. Containers shall be kept in a secure area specifically dedicated to the storage of all instruments and supplies. (14) The establishment shall have a cleaning area. Every cleaning area shall have an area for the placement of an autoclave or other sterilization unit located or positioned a minimum of 36 inches from the required ultrasonic cleaning unit . (15) The establishment shall have a customer waiting area, exclusive and separate from any workstation, instrument storage area, cleaning area or any other area in the body art establishment used for body art activity. (16) No animals of any kind shall be allowed in a body art establishment except service animals used by persons with disabilities (e.g., Seeing Eye Dogs). Fish aquariums shall be allowed in waiting rooms and nonprocedural areas. (17) Smoking, eating, or drinking is prohibited in the area where body art is performed, with the exception of non-alcoholic fluids being offered to a client during or after a body art procedure.
  2. (B) Requirements for Single-Use Items Including Inks, Dyes and Pigments. (1) Single-use items shall not be used on more than one client for any reason. After use, all single-use sharps shall be immediately disposed of in approved sharps containers pursuant to 105 CMR 480.000. (2) All products applied to the skin, such as but not limited to, body art stencils, applicators, gauze and razors, shall be single-use and disposable. (3) Hollow bore needles or needles with cannula shall not be reused. (4) All inks, dyes, pigments, solid core needles, and equipment shall be specifically manufactured for performing body art procedures and shall be used according to manufacturer's instructions. (5) Inks, dyes or pigments may be mixed and may only be diluted with water from an approved potable source. Immediately before a tattoo is applied, the quantity of the dye to be used shall be transferred from the dye bottle and placed into single- use paper cups or plastic cups. Upon completion of the tattoo, these single-use cups or caps and their contents shall be discarded.
  3. (C) Sanitation and Sterilization Measures and Procedures. (1) All non-disposable instruments used for body art , including all reusable solid core needles, pins and stylets, shall be cleaned thoroughly after each use by scrubbing with an appropriate soap or disinfectant solution and hot water , (to remove blood and tissue residue), and shall be placed in an ultrasonic unit sold for cleaning purposes under approval of the U.S. Food and Drug Administration and operated in accordance with manufacturer's instructions. (2) After being cleaned, all non-disposable instruments used for body art shall be packed individually in sterilizer packs and subsequently sterilized in a steam autoclave sold for medical sterilization purposes under approval of the U.S. Food and Drug Administration. All sterilizer packs shall contain either a sterilizer indicator or internal temperature indicator. Sterilizer packs must be dated with an expiration date not to exceed six (6) months. (3) The autoclave shall be used, cleaned, and maintained according to manufacturer's instruction. A copy of the manufacturer's recommended procedures for the operation of the autoclave must be available for inspection by the Board. Autoclaves shall be located away from workstations or areas frequented by the public. (4) Each holder of a permit to operate a body art establishment shall demonstrate that the autoclave used is capable of attaining sterilization by monthly spore destruction tests. These tests shall be verified through an independent laboratory. The permit shall not be issued or renewed until the Board receives documentation of the autoclave's ability to destroy spores. These test records shall be retained by the practitioner for a period of three (3) years and made available to the Board upon request. (5) All instruments used for body art procedures shall remain stored in sterile packages until just prior to the performance of a body art procedure. After sterilization, the instruments used in body art procedures shall be stored in a dry, clean cabinet or other tightly covered container reserved for the storage of such instruments. (6) Sterile instruments may not be used if the package has been breached or after the expiration date without first repackaging and resterilizing. (7) If the body art establishment uses only single-use, disposable instruments and products, and uses sterile supplies, an autoclave shall not be required. (8) When assembling instruments used for body art procedures, the practitioner shall wear disposable medical gloves and use medically recognized sterile techniques to ensure that the instruments and gloves are not contaminated. (9) Reusable cloth items shall be mechanically washed with detergent and mechanically dried after each use. The cloth items shall be stored in a dry, clean environment until used. Should such items become contaminated directly or indirectly with bodily fluids, the items shall be washed in accordance with standards applicable to hospitals and medical care facilities, at a temperature of 160° Fahrenheit or a temperature of 120° Fahrenheit with the use of chlorine disinfectant.
  4. (D) Posting Requirements. The following shall be prominently displayed: (1) A Disclosure Statement, a model of which shall be available from the Board. A Disclosure Statement shall also be given to each client, advising him/her of the risks and possible consequences of body art procedures. (2) The name, address and phone number of the Somerville Board of Health. (3) An Emergency Plan, including: (a) A plan for the purpose of contacting police, fire or emergency medical services in the event of an emergency; (b) A telephone in good working order shall be easily available and accessible to all employees and clients during all hours of operation; and (c) A sign at or adjacent to the telephone indicating the correct emergency telephone numbers. (4) An occupancy and use permit as issued by the local building official. (5) A current establishment permits. (6) Each practitioner's permit.
  5. (E) Establishment Recordkeeping. The establishment shall maintain the following records in a secure place for a minimum of three (3) years, and such records shall be made available to the Board upon request: (1) Establishment information, which shall include: (a) Establishment name; (b) Hours of operation; (c) Owner's name and address; (d) A complete description of all body art procedures performed; (e) An inventory of all instruments and body jewelry , all sharps, and all inks used for any and all body art procedures, including names of manufacturers and serial or lot numbers, if applicable. Invoices or packing slips shall satisfy this requirement; (f) A Material Safety Data Sheet, when available, for each ink and dye used by the establishment; (g) Copies of waste hauler manifests; (h) Copies of commercial biological monitoring tests; (i) Exposure Incident Report (kept permanently); and (j) A copy of these regulations. (2) Employee information, which shall include; (a) Full legal names and exact duties; (b) Date of birth; (c) Home address; (d) Home/work phone numbers; (e) Identification photograph; (f) Dates of employment; (g) Hepatitis B vaccination status or declination notification; and (h) Training records. (3) Client Information, which shall include: (a) Name; (b) Age and valid photo identification; (c) Address of the client; (d) Date of the procedure; (e) Name of the practitioner who performed the procedure(s); (f) Description of procedure(s) performed and the location on the body; (g) A signed consent form as specified by Section 800.00 (D)(2); and (h) If the client is a person under the age of 18, proof have parental or guardian identification, presence and consent including a copy of the photographic identification of the parent or guardian. Client information shall be kept confidential at all times. (4) Exposure Control Plan. Each establishment shall create, update, and comply with an Exposure Control Plan. The Plan shall be submitted to the Board for review so as to meet all of the requirements of OSHA regulations, to include, but not limited to, 29 Code of Federal Regulation 1910.1030 OSHA Blood borne Pathogens Standards et seq, as amended from time to time. A copy of the Plan shall be maintained at the Body Art Establishment at all times and shall be made available to the Board upon request.
  6. (F) Use of Licensed Facility. A practitioner shall only conduct Body Art activities within a facility with a current Body Art Establishment permit, and which establishment is in compliance with all provisions of the Body Art rules and regulations.
  7. (G) Other Activities—Restrictions. No practitioner shall permit the use of a Body Art Establishment: (1) For the sale of food and/or beverages, whether to be consumed at the Body Art Establishment or off-site; (2) As a barbershop or hair salon; (3) As a nail salon; (4) As a bar, with or without a license for the sale of alcoholic beverages; (5) As a bowling alley; (6) For human habitation; (7) As a tanning salon; (8) As a massage parlor; or (9) For any other use which, in the opinion of the Department, may cause the contamination of instruments, equipment, a procedure surface or workstation.
  8. (H) No person shall establish or operate a Mobile or Temporary Body Art Establishment .
SECTION 800.00. STANDARDS OF PRACTICE

Practitioners are required to comply with the following minimum health standards:

  1. (A) A practitioner shall perform all body art procedures in accordance with Universal Precautions set forth by the U.S. Centers for Disease Control and Prevention.
  2. (B) A practitioner shall refuse service to any person who may be under the influence of alcohol or drugs.
  3. (C) Practitioners who use ear-piercing systems must conform to the manufacturers directions for use, and to applicable U.S. Food and Drug Administration requirements. No practitioner shall use an ear-piercing system on any part of the client's body other than the lobe of the ear.
  4. (D) Health History and Client Informed Consent. Prior to performing a body art procedure on a client, the practitioner shall: (1) Inform the client, verbally and in writing that the following health conditions may increase health risks associated with receiving a body art procedure: (a) History of diabetes; (b) History of hemophilia (bleeding); (c) History of skin diseases, skin lesions, or skin sensitivities to soaps, disinfectants , etc.; (d) History of allergies or adverse reactions to pigments, dyes or other sensitivities; (e) History of epilepsy, seizures, fainting, or narcolepsy; (f) Use of medications such as anticoagulants, which thin the blood and/or interfere with blood clotting; (g) Any other conditions such as Hepatitis or HIV; and (h) Pregnancy. (i) Breastfeeding. (2) Require that the client sign a form confirming that the above information was provided, that the client does not have a condition that prevents them from receiving body art, that the client consents to the performance of the body art procedure and that the client has been given the aftercare instructions as required by Section 800.00(K).
  5. (E) A practitioner shall maintain the highest degree of personal cleanliness, conform to best standard hygienic practices, and wear clean clothes when performing body art procedures. Before performing body art procedures, the practitioner must thoroughly wash their hands in hot running water with liquid soap, then rinse hands and dry with disposable paper towels. This shall be done as often as necessary to remove contaminants.
  6. (F) In performing body art procedures, a practitioner shall wear disposable single-use gloves. Gloves shall be changed if they become pierced, torn, or otherwise contaminated by contact with any unclean surfaces or objects or by contact with a third person. The gloves shall be discarded, at a minimum, after the completion of each procedure on an individual client, and hands shall be washed in accordance with Section (E) before the next set of gloves is put on. Under no circumstances shall a single pair of gloves be used on more than one person. The use of disposable single-use gloves does not preclude or substitute for hand washing procedures as part of a good personal hygiene program.
  7. (G) The skin of the practitioner shall be free of rash or infection. No practitioner affected with boils, infected wounds, open sores, abrasions, weeping dermatological lesions or acute respiratory infection shall work in any area of a body art establishment in any capacity in which there is a likelihood that that person could contaminate body art equipment , supplies, or working surfaces with body substances or pathogenic organisms.
  8. (H) Any item or instrument used for body art that is contaminated during the procedure shall be discarded and replaced immediately with a new disposable item or a new sterilized instrument or item before the procedure resumes.
  9. (I) Preparation and care of a client's skin area must comply with the following: (1) Any skin or mucosa surface to receive a body art procedure shall be free of rash or any visible infection. (2) Before a body art procedure is performed, the immediate skin area and the areas of skin surrounding where body art procedure is to be placed shall be washed with soap and water or an approved surgical skin preparation. If shaving is necessary, single-use disposable razors or safety razors with single-service blades shall be used. Blades shall be discarded after each use, and reusable holders shall be cleaned and autoclaved after use. Following shaving, the skin and surrounding area shall be washed with soap and water. The washing pad shall be discarded after a single use. (3) In the event of bleeding, all products used to stop the bleeding or to absorb blood shall be single use, and discarded immediately after use in appropriate covered containers, and disposed of in accordance with 105 CMR 480.000.
  10. (J) Petroleum jellies, soap, and other products used in the application of stencils shall be dispensed and applied on the area to receive a body art procedure with sterile gauze or other sterile applicator to prevent contamination of the original container and its contents. The applicator or gauze shall be used once and then discarded.
  11. (K) The practitioner shall provide each client with verbal and written instructions on the after care of the body art site. The written instructions shall advise the client: (1) On the proper cleansing of the area, which received the body art; (2) To consult a health care provider for: (a) Unexpected redness, tenderness or swelling at the site of the body art procedure; (b) Any rash; (c) Unexpected drainage at or from the site of the body art procedure; or (d) A fever within 24 hours of the body art procedure; and (3) Of the address, and phone number of the establishment. A copy shall be provided to the client. A model set of aftercare instructions shall be made available by the Board .
  12. (L) Contaminated waste shall be stored, treated and disposed in accordance with 105 CMR 480.000: Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste, State Sanitary Code, Chapter VIII.
SECTION 900.00. EXPOSURE INCIDENT REPORTS

An Exposure Incident Report shall be completed by the close of the business day during which an exposure has or might have taken place by the involved or knowledgeable body art practitioner for every exposure incident occurring in the conduct of any body art activity.

Each Exposure Incident Report shall contain:

  1. (1) A copy of the application and consent form for body art activity completed by any client or minor client involved in the exposure incident;
  2. (2) A full description of the exposure incident, including the portion of the body involved therein;
  3. (3) Instrument(s) or other equipment implicated;
  4. (4) A copy of body art practitioner license of the involved body art practitioner;
  5. (5) Date and time of exposure;
  6. (6) A copy of any medical history released to the body art establishment or body art practitioner, and
  7. (7) Information regarding any recommendation to refer to a physician or waiver to consult a physician by persons involved.
SECTION 1000.00. INJURY AND/OR COMPLICATION REPORTS

A written report of any injury, infection complication or disease as a result of a body art procedure, or complaint of injury, infection complication or disease, shall be forwarded by the practitioner to the Board which issued the permit , with a copy to the injured client within five working days of its occurrence or knowledge thereof. The report shall include:

  1. (1) The name of the affected client;
  2. (2) The name and location of the body art establishment involved;
  3. (3) The nature of the injury, infection complication or disease;
  4. (4) The name and address of the affected client's health care provider, if any; and
  5. (5) Any other information considered relevant to the situation.
SECTION 1100.00 COMPLAINTS
  1. (A) The Board shall investigate complaints, received about an establishment or practitioner 's practices or acts, which may violate any provision of the Board's regulations.
  2. (B) If the Board finds that an investigation is not required because the alleged act or practice is not in violation of the Board's regulations, then the Board shall notify the complainant of this finding and the reasons on which it is based.
  3. (C) If the Board finds that an investigation is required, because the alleged act or practice may be in violation of the Board's regulations, the Board shall investigate and if a finding is made that the act or practice is in violation of the Board's regulations, then the Board shall apply whatever enforcement action is appropriate to remedy the situation and shall notify the complainant of its action in this manner.
SECTION 1200.00. APPLICATION FOR BODY ART ESTABLISHMENT PERMIT
  1. (A) No person may operate a body art establishment except with a valid permit from the Board .
  2. (B) Applications for a permit shall be made on forms prescribed by and available from the Board. An applicant shall submit all information required by the form and accompanying instructions. The term "application" as used herein shall include the original and renewal applications.
  3. (C) An establishment permit shall be for an initial term of the current licensing year unless sooner suspended or revoked. Such license shall automatically expire on June 30 of each year and must be renewed annually.
  4. (D) The Board shall require that the applicant provide, at a minimum, the following information in order to be issued an establishment permit: (1) Name, address, and telephone number of: (a) The body art establishment; (b) The practitioner of the establishment; and (c) The body art practitioner(s) working at the establishment; (2) The manufacturer, model number, model year, and serial number, where applicable, of the autoclave used in the establishment; (3) A signed and dated acknowledgment that the applicant has received read and understood the requirements of the Board's body art regulations; (4) A drawing of the floor plan of the proposed establishment to scale for a plan review by the Board, as part of the permit application process; (5) Exposure Report Plan; and (6) Such additional information as the Board may reasonably require.
  5. (E) The annual fee for the Body Art Establishment Permit shall be four hundred ($400.00) dollars.
  6. (F) A permit for a body art establishment shall not be transferable from one place or person to another.
SECTION 1300.00. APPLICATION FOR BODY ART PRACTITIONER PERMIT
  1. (A) No person shall practice body art or perform any body art procedure without first obtaining a practitioner permit from the Board . The Board shall set a reasonable fee for such permits.
  2. (B) A practitioner shall be a minimum of 18 years of age.
  3. (C) A practitioner permit shall be for an initial term of the current licensing year unless sooner suspended or revoked. Such license shall automatically expire on June 30 of each year and must be renewed annually.
  4. (D) Application for a practitioner permit shall include: (1) Name; (2) Date of birth; (3) Residence address; (4) Mailing address; (5) Phone number; (6) Place(s) of employment as a practitioner; and (7) Training and/or experience as set out in (E) below.
  5. (E) Practitioner Training and Experience (1) In reviewing an application for a practitioner permit, the Board may consider experience, training and/or certification acquired in other states that regulate body art. (2) Training for all practitioners shall be approved by the Board and, at a minimum, shall include the following: (a) Blood borne pathogen training program (or equivalent) which includes infectious disease control; waste disposal; hand washing techniques; sterilization equipment operation and methods; and sanitization, disinfection and sterilization methods and techniques; and (b) Current certification in First Aid and cardiopulmonary resuscitation (CPR). Examples of courses approved by the Board include "Preventing Disease Transmission" (American Red Cross) and "Blood borne Pathogen Training" (U.S. OSHA). Training/courses provided by professional body art organizations or associations or by equipment manufacturers may also be submitted to the Board for approval. (3) The applicant for a body piercing practitioner permit shall provide documentation, acceptable to the Board, that she/he completed a course on anatomy and physiology with a grade of C or better at a college accredited by the New England Association of Schools and Colleges, or comparable accrediting entity. This course must include instruction on the system of the integumentary system (skin). (4) The applicant for a tattoo , branding or scarification practitioner permit shall provide documentation, acceptable to the Board, that she/he completed a course on anatomy and physiology with a grade of C or better at a college accredited by the New England Association of Schools and Colleges, or comparable accrediting entity. This course must include instruction on the system of the integumentary system (skin). Such other course or program as the board shall deem appropriate and acceptable may be substituted for the anatomy course. (5) The applicant for all practitioners shall submit evidence satisfactory to the Board of at least two years actual experience in the practice of performing body art activities of the kind for which the applicant seeks a body art practitioner permit to perform, whether such experience was obtained within or outside of the Commonwealth.
  6. (F) A practitioner's permit shall be conditioned upon continued compliance with all applicable provisions of these rules and regulations.
  7. (G) The annual fee for the Body Art Practitioner Permit shall be three hundred ($400.00) dollars.
  8. (H) A permit for a body art practitioner shall not be transferable from one person to another.
SECTION 1300.10. APPLICATION FOR BODY ART APPRENTICESHIP PERMIT
  1. (A) Any body art practitioner license apprenticeship program established under the authority of this Section, Section 1300.10 shall require that all participants in such a program adhere to and abide by all relevant provisions of Section 1300.00 .
  2. (B) Where the context so requires, for purposes of the body art practitioner license apprenticeship program, as set forth in Section 1300.00 the term "body art practitioner" shall also mean "body art practitioner apprentice," and the term "body art practitioner license" shall mean "body art practitioner apprentice license."
  3. (C) As a minimum requirement of the body art practitioner license apprenticeship program, each participant in such programs shall be required to complete the requirements of Section 1300.00 (A) through (E)(1) through (4) inclusive prior to a participant in such program conducting any form of body art activity upon a client or the person of another.
  4. (D) Application for an apprenticeship permit shall also include evidence that the proposed supervising practitioner has been professionally licensed for a minimum of four (4) years and can show evidence of full time, licensed experience during the four (4) year period immediately preceding the submission of the apprenticeship permit application, whether such experience was obtained within or outside the Commonwealth of Massachusetts.
  5. (E) An apprenticeship shall conclude, and the apprentice shall be eligible for a body art practitioner's license, when the apprentice has satisfactorily completed two thousand four hundred (2,400) hours or two (2) years of the body art apprenticeship program, whichever is greater. In order to be eligible for a body art practitioner's license the apprentice must complete all the apprenticeship prerequisites within three (3) years of the approval of the application being approved by the Somerville Board of Health .
  6. (F) If an apprentice has not satisfactorily completed two thousand four hundred (2,400) hours or two (2) years of the body art apprenticeship program by the third anniversary of the original apprenticeship permit, the supervising practitioner shall be required to report this information to the Board of Health and the apprentice shall cease practicing body art on said anniversary. Within three months of said third anniversary, the apprentice and the supervision practitioner may petition the Board of Health to extend the apprenticeship, which shall only be granted upon a showing of reasonable basis for failing to fulfill the prerequisites within the time frame required under Section 1300.10(E) above.
  7. (G) The Board shall require that an establishment permitted pursuant to Section 700.00 , Operation of Body Art Establishment, shall comply with the following additional standards: (1) In order to allow the City of Somerville Health Department to properly protect the public health, safety and welfare, a body art practitioner may supervise only one apprentice at a time, a permitted establishment shall have no more than two (3) apprenticeships and there shall be no more than six (6) apprenticeships within the City of Somerville at any one time. (2) In furtherance of Section 700.00 D., Posting Requirements, the establishment shall prominently display the Apprentice Permit alongside a Notification (8.5" × 11" paper, or larger, with 24 point font, or larger), that includes the name of the apprentice, his or her designation as an "APPRENTICE," (bold, capital letters, 24 point font, or larger) and a photograph (no smaller than 2" × 3") of the apprentice. A model may be available from the Health Department. (3) Pursuant to Section 700.00 E., Establishment Recordkeeping, training records, including but not limited to a written activity log of the apprentice, shall be maintained throughout the apprenticeship program by the supervising practitioner and thereafter for at least two (2) years after the conclusion of the apprenticeship. Copies shall be available upon request by the Board of Health and/or the apprentice. All forms shall be obtained from the City of Somerville Health Department.
  8. (H) Before a person acting under a body art practitioner apprenticeship license conducts any form of body art activity upon a client, such person must obtain the client's written consent for the apprentice to perform the body art. This disclosure, see Disclosure of Apprenticeship form, shall be physically affixed to the Health History and Client Informed Consent form and such Disclosure of Apprenticeship form shall be maintained by the supervising practitioner throughout the apprenticeship program and thereafter for at least two (2) years after the conclusion of the apprenticeship. Copies approved by the Board of Health shall be obtained from the City of Somerville Health Department.
  9. (I) The Board may suspend, deny revoke or refuse to grant a body art practitioner apprentice license pursuant to Sections 1400.00 and 1500.00 .
  10. (J) The annual fee for the Body Art Apprentice shall be $400.00
  11. (K) A permit for a Body Art Apprenticeship shall not be transferable from one person to another.
SECTION 1400.00. GROUNDS FOR SUSPENSION, DENIAL, REVOCATION, OR REFUSAL TO RENEW PERMIT
  1. (A) The Board may suspend a permit , deny a permit, revoke a permit or refuse to renew a permit on the following grounds, each of which, in and of itself, shall constitute full and adequate grounds for suspension, denial, revocation or refusal to renew:
  1. (1) Any actions, which would indicate that the health or safety of the public would be at risk;
  2. (2) Fraud, deceit or misrepresentation in obtaining a permit, or its renewal;
  3. (3) Criminal conduct which the Board determines to be of such a nature as to render the establishment , practitioner or applicant unfit to practice body art as evidenced by criminal proceedings resulting in a conviction, guilty plea, or plea of nolo contendere or an admission of sufficient facts;
  4. (4) Any present or past violation of the Board's regulations governing the practice of body art;
  5. (5) Practicing body art while the ability to practice is impaired by alcohol, drugs, physical disability or mental instability;
  6. (6) Being habitually drunk or being dependent on, or a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effects;
  7. (7) Knowingly permitting, aiding or abetting an unauthorized person to perform activities requiring a permit;
  8. (8) Continuing to practice while his/her permit is lapsed, suspended, or revoked;
  9. (9) Having been disciplined in another jurisdiction in any way by the proper permitting authority for reasons substantially the same as those set forth in the Board's regulations; and
  10. (10) Other just and sufficient cause which the Board may determine would render the establishment, practitioner or applicant unfit to practice body art:
  1. (B) The Board shall notify an applicant, establishment or practitioner in writing of any violation of the Board's regulations, for which the Board intends to deny, revoke, or refuse to renew a permit. The applicant, establishment or practitioner shall have seven (7) days after receipt of such written notice in which to comply with the Board's regulations. The Board may deny, revoke or refuse to renew a permit, if the applicant, establishment or practitioner fails to comply after said seven (7) days subject to the procedure outlined in Section 1600.00 .
  2. (C) Applicants denied a permit might reapply at any time after denial.
SECTION 1500.00. GROUNDS FOR SUSPENSION OF PERMIT

The Board may summarily suspend a permit pending a final hearing on the merits on the question of revocation if, based on the evidence before it, the Board determines that an establishment and/or a practitioner is an immediate and serious threat to the public health, safety or welfare. The suspension of a permit shall take effect immediately upon written notice of such suspension by the Board.

SECTION 1600.00. PROCEDURE FOR HEARINGS

The owner of the establishment or practitioner shall be given written notice of the Board's intent to hold a hearing for the purpose of suspension, revocation, denial or refusal to renew a permit . This written notice shall be served through a certified letter sent return receipt requested or by constable. The notice shall include the date, time and place of the hearing and the owner of the establishment or practitioner's right to be heard. The Board shall hold the hearing no later than 21 days from the date the written notice is received.

In the case of a suspension of a permit as noted in Section 1400.00 , a hearing shall be scheduled no later than 21 days from the date of the suspension.

SECTION 1700.00. SEVERABILITY

If any provision contained in the model regulations is deemed invalid for any reason, it shall be severed and shall not affect the validity of the remaining provisions.

SECTION 1800.00. FINE FOR VIOLATION

The fine for a violation of any provision of these Rules and Regulations shall be as established by the Board of Aldermen. Each day that a violation continues shall be deemed to be a separate offense.

SECTION 1900.00. NON-CRIMINAL DISPOSITION

In accordance with MGL Chapter 40, Section 21D and Somerville Ordinance Section 1-11 whoever violates any provision of these Rules and Regulations may be penalized by non-criminal disposition.

SECTION 2000.00. EFFECTIVE DATE

These rules and regulations shall be effective as of August 15, 2006.
Adopted: March 8, 2001 David Osler, MD, Chairman
Effective: March 8, 2001 Donald Norton Arnold Duclersaint
Amended: January 15, 2003 David Osler, MD, Chairman Donald Norton
Amended: June 15, 2006 Brian Green, MD, Chairman Babette Mello Maria Luisa Parra
Amended: June 19, 2008 Brian Green, MD, Chairperson
Effective: July 1, 2008 Babette Mello Paula Machado
Amended: January 21, 2010 Brian Green, MD, Chairperson
Effective: January 21, 2010 Babette Mello Paula Machado

Regulations for the Removal or Transportation of Trash

Section 1. Definitions.

Dumpster Shall mean any receptacle of 75 gallons capacity or more which is used for the collection, storage or transportation of household or commercial trash, rubbish, garbage, offal, scrap or other material for discard, disposal or recycling by a private trash collection service, and all commercial grease containers regardless of size. This definition excludes temporary construction material dumpsters which are regulated by the Inspectional Services Department Building Division or the Fire Department, depending on the type of work and location of dumpster.

Owner Shall mean any person, including a lessee or mortgagee in possession alone or severally with others who has lawful title to or lawful possession, care or control of any property on which a dumpster is located or proposed to be located. "Owner" also includes any authorized agent of any such person.

Contractor Shall mean any person who, for compensation, in the City of Somerville, supplies, maintains or services one or more dumpsters, or removes, transports or disposes of the contents thereof. The Board of Health licenses issued to Contractors shall be known as the "Dumpster Hauler License".

Person Shall include any individual, partnership, corporation, firm, association, group or trust.

Board Shall mean the Board of Health of the City of Somerville.

Section 2. Dumpster License Application; Fees.
  1. 2.1. No dumpster shall be used or kept in the City of Somerville after July 1, 1998, unless application is made to the Board of Health and a license is issued by the Board allowing the use of such dumpster.
  2. 2.2. Applications for dumpster licenses may be made with the Inspectional Services Department, Health Division. Each application shall include the name and address of the owner of the property where the dumpster(s) is to be located, along with contact information for the person responsible for the dumpster and the service company; the dumpster size, service schedule, type (business, food service, recycling, or residential), and such other information as the Board may require. Any changes in the foregoing must be immediately reported to the Board.
  3. 2.3. All dumpster licenses shall expire on the following June 30, but may be renewed annually on application as herein provided.
  4. 2.4. The fee for a dumpster license shall be one hundred dollars ($100.00) per dumpster.
Section 3. Dumpster Hauler License Application; Fees.
  1. 3.1. Application for a dumpster hauler license may be made with the Inspectional Services Department, Health Division. Each application shall include the business name, address and telephone number of the applicant; list with name and address of each account in Somerville, showing frequency of pickup and dumpster size at each site; worker's compensation insurance affidavit; and such other information that the Board may require. Each dumpster hauler license shall expire on the following June 30, but may be renewed annually upon application.
  2. 3.2. The annual fee for a dumpster hauler license shall be three hundred thirty dollars ($330.00).
Section 4. Dumpster Regulations.
  1. 4.1. All dumpsters shall have tight fitting lids, doors or covers, shall be kept covered when not in actual use and shall be locked between the hours of 11:00 p.m. and 7:00 a.m.
  2. 4.2. Dumpsters shall not be emptied or removed between the hours of 7:00 p.m. and 7:00 a.m.
  3. 4.3. All dumpsters shall prominently display both the name of the Somerville business licensing the dumpster, and the name of the disposal company that services the dumpster, including service company address and telephone number.
  4. 4.4. Dumpsters shall be located at a sufficient distance from the lot line to avoid interference with the safety, convenience or health of abutters and other residents. Dumpsters shall comply with the requirements of the Somerville Zoning Ordinance pertaining to dumpsters and trash collection areas.
  5. 4.5. The Board may require that a dumpster site be enclosed or screened by the owner .
  6. 4.6. No dumpster shall be situated so as to obstruct the view of flowing traffic.
  7. 4.7. Any dumpster used for the disposal of liquids or organic matter shall be emptied daily.
  8. 4.8. All dumpsters and dumpster areas shall be kept free of all nuisances including, but not limited to, flies, insects, rodents and scattered debris.
  9. 4.9. Each dumpster must be of sufficient size and capacity to eliminate overflowing. Routine weekly scheduled pickups shall be mandatory for multi-unit residences.
  10. 4.10. The Board may order dumpster capacity size changes and/or additional pickups if in their opinion they find it necessary.
  11. 4.11. No dumpster may be placed on the city streets without first obtaining permission from the Department of Public Works.
  12. 4.12. Food service establishments must also comply with 590 CMR 590.000, the State Sanitary Code.
  13. 4.13. Dumpsters must be maintained in good condition. Rust holes, uncovered drain caps, and other physical evidence of neglect that allows rodents and other animals access to the dumpster contents are not permitted. Licensees who have a history of poor maintenance shall be required to work with their contractor and swap out the dumpster for one that meets these regulations.
  14. 4.14. Dumpsters must be placed on pavement or concrete, not soil.
Section 5. Duties of the Contractor and Owner.
  1. 5.1. The Contractor or Owner shall ensure (1) that dumpster contents are not spilled during removal or transportation; and (2) that each dumpster is deodorized when emptied and washed or sanitized as necessary to maintain the dumpster in a sanitary condition.
Section 6. Violations; Enforcement.
  1. 6.1. Any violation of these regulations shall be corrected within twelve (12) hours of being notified of such violation or such other period as the Board may determine.
  2. 6.2. Upon neglect or violation of the duty imposed by the provisions of these regulations, such duty may be performed by the Department of Public Works of the City of Somerville at the expense of the person liable for same.
  3. 6.3. The Board may suspend or revoke any dumpster license or dumpster hauler license upon a finding that the holder of such license has violated any of these regulations or has failed to comply with any lawful order of the Board pursuant to these regulations. Additionally, and not by way of limitation, the Board may suspend or revoke any dumpster hauler license upon a finding that the contractor has repeatedly failed or neglected to sanitize, service or maintain dumpsters.
  4. 6.4. Any person who violates any of these regulations shall be punished by a fine of fifty dollars ($50.00) per day for each offense. Nothing in these regulations shall prevent the City from issuing fines under other applicable law.
  5. 6.5. Each day's failure to comply with an order shall constitute a separate violation.
  6. 6.6. These regulations shall apply to all dumpsters in the City whether for residential, commercial or industrial use.
  7. 6.7. These regulations may be enforced by Inspectional Services Health Division, the Department of Public Works, or the Police Department.
  8. 6.8. Health Inspectors shall regularly inspect dumpsters for compliance with these regulations. Inspections are unannounced. Inspectors shall conduct dumpster inspections at any time, carry City of Somerville identification, and have the right to enter the property of the licensee to inspect the dumpster.
Section 7. Transportation of Trash Collected in City; License; Fine.
  1. 7.1. In accordance with M.G.L. c. 111, 31A, no person shall transport through the streets of Somerville any garbage, offal or other offensive substances which was collected from any dumpster in Somerville, without first obtaining a license issued by the Board of Health. Whoever violates this section shall be punished by a fine of not more than one thousand dollars ($1,000.00) for each violation in accordance with M.G.L. c. 111, 31B.
Section 8. Transportation of Trash not Collected in City; Registration; Fine.
  1. 8.1. In accordance with M.G.L. c. 111, 31A, any person may transport through the streets of Somerville any garbage, offal or other offensive substances collected outside the City of Somerville provided that such person registers with the Board of Health. Whoever violates this section shall be punished by a fine of not more than one thousand dollars ($1,000.00) for each violation in accordance with M.G.L. c. 111, 31B.
City of Somerville, Board of Health
Adopted: March 12, 1998 David Osler, MD, Chairman
Effective: July 1, 1998 Helen Corrigan Ann L. Elderkin, PA
Amended: December 15, 2005 Brian Green, MD, Chairman Babette Mello Maria Luisa Parra
Amended: June 19, 2008 Brian Green, MD, Chairperson Babette Mello Paula Machado Noreen Burke, Director
Amended: January 21, 2010 Brian Green, MD, Chairperson
Effective: January 21, 2010 Babette Mello Paula Machado
Amended: February 25, 2016 Brian Green, MD, Chairperson
Effective: February 25, 2016 Babette Mello Paula Machado

Regulation of the Somerville Board of Health Restricting the Sale of Tobacco Products and Smoke Accessories

  1. A. Statement of Purpose: Whereas there exists conclusive evidence that tobacco smoking causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat; 1 Whereas the U.S. Department of Health and Human Services has concluded that nicotine is as addictive as cocaine or heroin 2 and the Surgeon General found that nicotine exposure during adolescence, a critical window for brain development, may have lasting adverse consequences for brain development, 3 and that it is addiction to nicotine that keeps youth smoking past adolescence; 4 Whereas a Federal District Court found that Phillip Morris, RJ Reynolds and other leading cigarette manufacturers "spent billions of dollars every year on their marketing activities in order to encourage young people to try and then continue purchasing their cigarette products in order to provide the replacement smokers they need to survive" and that these companies were likely to continue targeting underage smokers; 5 Whereas more than 80 percent of all adult smokers begin smoking before the age of 18, more than 90 percent do so before leaving their teens, and more than 3.5 million middle and high school students smoke; 6 Whereas cigars and cigarillos, can be sold in a single "dose;" enjoy a relatively low tax as compared to cigarettes; are available in fruit, candy and alcohol flavors; and are popular among youth; 7 Whereas research shows that increased cigar prices significantly decreased the probability of male adolescent cigar use and a 10% increase in cigar prices would reduce use by 3.4%; 8 Whereas 59% of high school smokers in Massachusetts have tried flavored cigarettes or flavored cigars and 25.6% of them are current flavored tobacco product users; 95.1 % of 12—17 year old's who smoked cigars reported smoking cigar brands that were flavored; 9 Whereas the Surgeon General found that exposure to tobacco marketing in stores and price discounting increase youth smoking; 10 Whereas the U.S. Food and Drug Administration and the U.S. Surgeon General have stated that flavored tobacco products are considered to be "starter" products that help establish smoking habits that can lead to long-term addiction; 11 Whereas the U.S. Surgeon General recognized in his 2014 report that a complementary strategy to assist in eradicating tobacco-related death and disease is for local governments to ban categories of products from retail sale; 12 Whereas the U.S. Food and Drug Administration and the Tobacco Products Scientific Advisory Committee concluded that menthol flavored tobacco products increased nicotine dependence, decreased success in smoking cessation; 13 Whereas menthol makes it easier for youth to initiate tobacco use; 14 Whereas use of e-cigarettes among students in Massachusetts is 20.1%, representing a 78% increase for high schoolers and a 48% increase for middle schoolers from 2017 to 2018; 15 Whereas the Massachusetts Department of Environmental Protection has classified liquid nicotine in any amount as an "acutely hazardous waste"; 16 Whereas data from the National Youth Tobacco Survey indicate that more than two-fifths of U.S. middle and high school smokers report using flavored little cigars or flavored cigarettes; 17 Whereas educational institutions that sell tobacco products to a younger population, who is particularly at risk for becoming smokers is incompatible with the mission of educational institutions that educate a younger population about social, environmental and health risks and harms; and Whereas the Massachusetts Supreme Judicial Court has held that " . . . [t]he right to engage in business must yield to the paramount right of government to protect the public health by any rational means". 18 Now, therefore it is the intention of the Somerville Board of Health to regulate the sale of tobacco products.
  2. B. Authority: This regulation is promulgated pursuant to the authority granted to the Somerville Board of Health by Massachusetts General Laws Chapter 111, Section 31 which states "Boards of health may make reasonable health regulations."
  3. C. Definitions: For the purpose of this regulation, the following words shall have the following meanings:

Adult-Only Retail Tobacco Store : (also known as "Retail Tobacco Store" in MGL Ch. 270): An establishment that does not share space with another business, that has a separate entrance, that does not sell food, beverages or alcohol, that does not have a restaurant license or lottery license, whose only purpose is to sell or offer for retail sale tobacco products and/or tobacco product paraphernalia, in which the entry of persons under the age of 21 is prohibited at all times, and which maintains a valid permit for the retail sale of tobacco products from the Somerville Board of Health and applicable state licenses. Entrance to the establishment must be secure so that access to the establishment is restricted to employees and to those 21 years or older. The establishment shall not allow anyone under the age of 21 to work at the establishment.

Blunt Wrap : Any product made wholly or in part from a tobacco product, manufactured or packaged with loose and removable leaves or section of a leaf, or as a hollow tube, that may be used by the consumer to wrap or contain loose tobacco or other fillers.

Business Agent : An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment.

Characterizing Flavor : A distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable either prior to or during consumption of a tobacco product or component part thereof, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product.

Child-Resistant Package : Packaging intended to reduce the risk of a child ingesting nicotine and that meets the minimum standards of 16 C.F.R. 1700 et seq., pursuant to 15 U.S.C. 1471 through 1476.

Cigar : Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing tobacco, with or without a tip or mouthpiece, that is in a readily usable state immediately when removed from its packaging without any modification, preparation or assembly required as in a kit or roll-your-own package, and is not otherwise defined as a cigarette under Massachusetts General Law, Chapter 64C, Section 1, Paragraph 1. Tobacco leaf in such kits or roll-your-own packages shall be considered "blunt wraps" for the purpose of this regulation.

Component Part : Any element of a tobacco product, including, but not limited to, the tobacco, filter and paper, but not including any constituent.

Constituent : Any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacturing or packaging of the tobacco product. Such term shall include a smoke constituent.

Coupon : Any card, paper, note, form, statement, ticket or other communication distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive an article, service or accommodation without charge or at a discount price.

Distinguishable : Perceivable by either the sense of smell or taste.

Educational Institution : Any public or private college, school, professional school, scientific or technical institution, university or other institution furnishing a program of higher education.

Electronic Nicotine Delivery System : An electronic device, whether for one-time use or reusable, that can be used to deliver nicotine or another substance to a person inhaling from the device including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vaping pens, hookah pens and other similar devices that rely on vaporization or aerosolization; provided, however, that "electronic nicotine delivery system" shall also include any noncombustible liquid or gel that is manufactured into a finished product for use in such electronic device; provided further, that "electronic nicotine delivery system" shall also include any component, part or accessory of a device used during the operation of the device even if the part or accessory was sold separately; provided further, that "electronic nicotine delivery system" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for that approved purpose.

Employee : Any individual who performs services for an employer.

Employer : Any individual, partnership, association, corporation, trust or other organized group of individuals that uses the services of one (1) or more employees.

Flavored Tobacco Product : Any tobacco product or component part thereof that contains a constituent that has or produces a characterizing flavor. A public statement, claim or indicia made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a Flavored Tobacco Product.

Health Care Institution : An individual, partnership, association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed, or subject to licensing, by the Massachusetts Department of Public Health under M.G.L. c. 112 or a retail establishment that provides pharmaceutical goods and services and is subject to the provisions of 247 CMR 6.00. Health care institutions include, but are not limited to, hospitals, clinics, health centers, pharmacies, drug stores, doctor offices, optician/optometrist offices and dentist offices.

Liquid Nicotine Container : A package from which nicotine or other substance in a solution or other form is accessible through normal and foreseeable use by a consumer and that is used to hold a soluble nicotine or other substance in any concentration; provided however, that "liquid nicotine container" shall not include a sealed, prefilled and disposable container of nicotine or other substance in a solution or other form in which the container is inserted directly into an electronic cigarette, electronic nicotine delivery system or other similar product if the nicotine or other substance in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children.

Listed or Non-Discounted Price : The higher of the price listed for a tobacco product on its package or the price listed on any related shelving, posting, advertising or display at the place where the tobacco product is sold or offered for sale plus all applicable taxes if such taxes are not included in the stated price, and before the application of any discounts or coupons.

Non-Residential Roll-Your-Own (RYO) Machine : A mechanical device made available for use (including to an individual who produces cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll-your-own tobacco solely for the individual's own personal consumption or use) that is capable of making cigarettes, cigars or other tobacco products. RYO machines located in private homes used for solely personal consumption are not Non-Residential RYO machines.

Permit Holder : Any person engaged in the sale or distribution of tobacco products who applies for and receives a tobacco product sales permit or any person who is required to apply for a Tobacco Product Sales Permit pursuant to these regulations, or his or her business agent.

Person : Any retailer, firm, partnership, association, corporation, company or organization of any kind, including but not limited to, an owner, operator, manager, proprietor or person in charge of any establishment, business or retail store.

Retailer : A person that operates a retail establishment.

Rolling Papers : Sheets, rolls, tubes, cones or leaves, that do not contain tobacco, which are used for rolling cigarettes either by hand or with a roll-your-own machine. When rolling a cigarette, the filler may be tobacco, cannabis or other commonly-smoked herbs.

Self-Service Display : Any display from which customers may select a tobacco product, as defined herein, without assistance from an employee or store personnel.

Schools : Public or private elementary or secondary schools.

Smoke Accessories : Equipment, products, devices, or materials of any kind that are intended or designed for use in ingesting, inhaling, or otherwise introducing Tobacco Product, marijuana, tetrahydrocannabinol (THC), or cannabidiol (CBD) into the human body, including, but not limited to, Marijuana Accessories, bongs, pipes, glass pipes, vaporizers, vape pens, hookah apparatus, dab rigs, pods, tanks, and cartridges.

Smoke Constituent : Any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product.

Smoking Bar : An establishment that: (i) exclusively occupies an enclosed indoor space and is primarily engaged in the retail sale of tobacco products for consumption by customers on the premises; (ii) derives revenue from the sale of food, alcohol or other beverages that is incidental to the sale of a tobacco product and prohibits entry to a person under 21 years of age; (iii) prohibits a food or beverage not sold directly by the establishment from being consumed on the premises; (iv) maintains a valid permit for the retail sale of a tobacco product as required to be issued by the City of Somerville; and (v) maintains a valid permit issued by the department of revenue to operate as a smoking bar. "Smoking bar" shall include, but not be limited to, those establishments that are commonly known as "cigar bars", "hookah bars" and "vape bars".

Tobacco Product Flavor Enhancer : Any product designed, manufactured, produced, marketed or sold to produce a characterizing flavor when added to any tobacco product. A rolling paper with a characterizing flavor shall be considered a Tobacco Product Flavor Enhancer.

Tobacco Product : A product containing or made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization regardless of nicotine content in the product; provided, however, that "tobacco product" shall also include any component, part or accessory of a tobacco product; and provided further, that "tobacco product" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for the approved purpose.

Vending Machine : Any automated or mechanical self-service device, which upon insertion of money, tokens or any other form of payment, dispenses or makes cigarettes or any other tobacco products, as defined herein.

  1. D. No Tobacco Sales to Persons Under Twenty-One (21) Years Old: 1. No person shall sell or provide a tobacco product to a person under twenty-one (21) years old. 2. Required Signage: a. All retail establishments, including adult-only retail tobacco stores , shall conspicuously post signage inside the establishment, in the form developed and made available by the Massachusetts Department of Public Health. Such signage shall include: (i) a copy of M.G.L. c. 270, §§ 6 and 6A; (ii) referral information for smoking cessation resources; (iii) a statement that sale of tobacco products, including e-cigarettes, to someone younger than 21 years of age is prohibited; (iv) health warnings associated with using electronic nicotine delivery systems ; and (v) except in the case of smoking bars , notice to consumers that the sale of flavored electronic nicotine systems are prohibited at all times. Such signage shall be posted conspicuously in the retail establishment or other place in such a manner so that it may be readily seen by a person standing at or approaching the cash register. The notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four feet or greater than nine feet from the floor. b. All adult-only retail tobacco stores shall post signage, in the form developed and made available by the Massachusetts Department of Public Health, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine from the bottom of the door. Such signage shall state that "No person younger than 21 years old is permitted on the premises at any time." c. Those adult-only retail tobacco stores that allow for onsite consumption of tobacco products shall post signage, in the form developed and made available by the Massachusetts Department of Public Health, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine from the bottom of the door. Such signage shall warn persons entering that smoking and vaping may be present on the premises, and provide information concerning the health risks associated with second hand smoke and the use of tobacco products, including electronic nicotine delivery systems. 3. Identification: Each person selling or distributing tobacco products, or admitting entrance into a smoking bar or adult-only retail tobacco store, shall first verify the age of the purchaser by means of a valid government-issued photographic identification containing the bearer's date of birth that the purchaser is 21 or older. 4. All retail sales of tobacco products, as defined herein, must be face-to-face between the seller and the buyer and occur at the permitted location.
  2. E. Tobacco Product Sales Permit: 1. No person shall sell or otherwise distribute or offer for sale tobacco products, as defined herein, within the City of Somerville without first obtaining a Tobacco Product Sales Permit issued annually by the Somerville Board of Health. Only owners of establishments with a permanent, indoor, non-mobile location in Somerville are eligible to apply for a permit and sell tobacco products, as defined herein, at the specified location in Somerville. 2. As part of the Tobacco Product Sales Permit application process, the applicant will be provided with the Somerville regulation. Each applicant is required to sign a statement declaring that the applicant has read said regulation and that the applicant is responsible for instructing any and all employees who will be responsible for tobacco product sales regarding federal, state and local laws about the sale of tobacco and this regulation. 3. Each applicant who sells tobacco products is required to provide proof of current Tobacco Retailer Licenses issued by the Massachusetts Department of Revenue, when required by state law, before a Tobacco Product Sales Permit can be issued. Applicant may be asked to provide evidence that a legitimate business transfer or business purchase has taken place. 4. A separate permit, displayed conspicuously, is required for each retail establishment selling tobacco products, as defined herein. The fee shall be determined by the Somerville Board of Health annually. 5. A Tobacco Product Sales Permit is non-transferable. A new owner of an establishment that sells tobacco products, as defined herein, must apply for a new permit. No new permit will be issued unless and until all outstanding penalties incurred by the previous permit holder are satisfied in full. 6. No single retail establishment shall have more than one Tobacco Product Sales Permit. 7. Issuance of a Tobacco Product Sales Permit shall be conditioned on an applicant's consent to unannounced, periodic inspections of his/her retail establishment to ensure compliance with this regulation. 8. A Tobacco Product Sales Permit will not be renewed if the permit holder has failed to pay all fines issued and the time period to appeal the fines has expired and/or the permit holder has not satisfied any outstanding permit suspensions. 9. A Tobacco Product Sales Permit will not be renewed if the permit holder has sold a tobacco product to a person under the age of 21 three times within the previous permit year and the time period to appeal has expired. The violator may request a hearing in accordance with subsection 4 of the Violations section. 10. Maximum Number of Tobacco Product Sales Permits. a. A Tobacco Product Sales Permit shall not be issued to any new applicant for a retail location within five hundred (500) feet of a public or private elementary or secondary school as measured by a straight line from the nearest point of the property line of the school to the nearest point of the property line of the site of the applicant's business premises. b. Applicants who purchase or acquire an existing business that holds a valid Tobacco Product Sales Permit at the time of the sale or acquisition of said business may acquire said permit providing the applicant submits a valid application and meets all conditions within this regulation within sixty (60) days of such sale or acquisition for the permit held by the current permit holder if the Applicant intends to sell tobacco products, as defined herein. An application for transfer of a Tobacco Product Sales Permit to a new owner for the sale of tobacco products from an existing location with a valid Tobacco Product Sales Permit will not be denied solely on the basis of the quota set forth in this section, provided, however, that such an application will be treated as a new application in all other respects. If the permit transfer application is not received within said sixty days of the transfer of the business, the permit will be deemed surrendered.
  3. F. Prohibition of Smoking Bars: Smoking Bars are prohibited in the City of Somerville.
  4. G. Cigar Sales Regulated: 1. No person shall sell or distribute or cause to be sold or distributed a single cigar unless such cigar is priced for retail sale at two dollars and ninety cents ($2.90) or more. 2. No person shall sell or distribute or cause to be sold or distributed any original factory- wrapped package of two or more cigars, unless such package is priced for retail sale at five dollars and eighty cents ($5.80) or more. 3. This Section shall not apply to a person or entity engaged in the business of selling or distributing cigars for commercial purposes to another person or entity engaged in the business of selling or distributing cigars for commercial purposes with the intent to sell or distribute outside the boundaries of Somerville. 4. The Somerville Board of Health may adjust from time to time the amounts specified in this Section to reflect changes in the applicable Consumer Price Index by amendment of this regulation.
  5. H. Sale of Flavored Tobacco Products Prohibited: No person shall possess, hold, keep, sell or distribute or cause to be possessed, held, kept, sold or distributed any flavored tobacco product, as defined herein, or any flavored tobacco product enhancer, as defined herein. Retailers must obtain from a manufacturer documentation certifying that products sold by the retailer, do not meet the definition of a flavored tobacco product or tobacco product flavor enhancer (105 CMR 665.010). An Adult-Only Retail Tobacco Store may sell (1) tobacco-flavored tobacco products such as cigarettes, cigars, chew tobacco, spit tobacco and any product that contains parts of leaves and/or stems of a tobacco plant and (2) unflavored solutions that are designed to be vaporized or aerosolized.
  6. I. Sale of E-Cigarettes Restricted: No person shall sell or distribute or cause to be sold or distributed any Electronic Nicotine Delivery Systems, as defined herein, except in Adult-Only Retail Tobacco Stores.
  7. J. Nicotine Content in Electronic Nicotine Delivery Systems: No person shall sell an electronic nicotine delivery system with nicotine content greater than 35 milligrams per milliliter; provided, however, that this subsection shall not apply to adult-only retail tobacco stores. Retailers must obtain from a manufacturer documentation indicating the nicotine content of each of their products sold by the retailer, expressed as milligrams per milliliter (105 CMR 665.010(C)).
  8. K. Prohibition of the Sale of Blunt Wraps : No person or entity shall sell or distribute blunt wraps in Somerville.
  9. L. Free Distribution and Coupon Redemption: No person shall: 1. Distribute or cause to be distributed, any free samples of tobacco products, as defined herein; 2. Accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any coupon that provides any tobacco product, as defined herein, without charge or for less than the listed or non-discounted price ; or 3. Sell a tobacco product, as defined herein, to consumers through any multi-pack discounts (e.g., "buy-two-get-one-free") or otherwise provide or distribute to consumers any tobacco product, as defined herein, without charge or for less than the listed or non-discounted price in exchange for the purchase of any other tobacco product.
  10. M. Out-of-Package Sales: 1. The sale or distribution of tobacco products, as defined herein, in any form other than an original factory-wrapped package is prohibited, including the repackaging or dispensing of any tobacco product, as defined herein, for retail sale. No person may sell or cause to be sold or distribute or cause to be distributed any cigarette package that contains fewer than twenty (20) cigarettes, including single cigarettes. 2. Permit holders who sell Liquid Nicotine Containers must comply with the provisions of 310 CMR 30.000, and must provide the Somerville Board of Health with a written plan for disposal of said product, including disposal plans for any breakage, spillage or expiration of the product. 3. All permit holders must comply with 940 CMR 21.05 which reads: "It shall be an unfair or deceptive act or practice for any person to sell or distribute nicotine in a liquid or gel substance in Massachusetts after March 15, 2016 unless the liquid or gel product is contained in a child-resistant package that, at a minimum, meets the standard for special packaging as set forth in 15 U.S.C. §§ 1471 through 1476 and 16 CFR § 1700 et seq." 4. No permit holder shall refill a cartridge that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer or retailer.
  11. N. Self-Service Displays : All self-service displays of tobacco products, as defined herein, are prohibited. All humidors including, but not limited to, walk-in humidors must be locked.
  12. O. Vending Machines : All vending machines containing tobacco products, as defined herein, are prohibited.
  13. P. Non-Residential Roll-Your-Own Machines : All Non-Residential Roll-Your-Own machines are prohibited.
  14. Q. Prohibition of the Sale of Tobacco Products by Health Care Institutions : No health care institution located in Somerville shall sell or cause to be sold tobacco products, as defined herein. No retail establishment that operates or has a health care institution within it, such as a pharmacy, optician/optometrist or drug store, shall sell or cause to be sold tobacco products, as defined herein.
  15. R. Prohibition of the Sale of Tobacco Products by Educational Institutions : No educational institution located in Somerville shall sell or cause to be sold tobacco products, as defined herein. This includes all educational institutions as well as any retail establishments that operate on the property of an educational institution.
  16. S. Smoke Accessories : The sale of smoke accessories is limited to businesses in which: 1. Prohibit the entry of customers under the age of 21; 2. Keep smoke accessories in displays which are not self-serve, and the customer cannot select a smoke accessory without the assistance of employee or store personnel; 3. Do not display smoke accessories in the storefront or windows and keep the smoke accessories out of sight of people passing by the store; and 4. Are not located within five hundred (500) feet of a public or private elementary or secondary school as measured by a straight line from the nearest point of the property line of the school to the nearest point of the property line of the site of the applicant's business premises
  17. T. Incorporation of State Laws and State Regulations: 1. The sale or distribution of tobacco products, as defined herein, must comply with those provisions found at M.G.L. Ch. 270, §§ 6, 6A, 7, 28, 29 and M.G.L. Ch. 112, § 61A. 2. The sale or distribution of tobacco products, as defined herein, must comply with those provisions found at 940 CMR 21.00 ("Sale and Distribution of Cigarettes, Smokeless Tobacco Products, and Electronic Smoking Devices in Massachusetts") and 940 CMR 22.00 ("Sale and Distribution of Cigars in Massachusetts").
  18. U. Violations: 1. It shall be the responsibility of the establishment, permit holder and/or his or her business agent , and not their employees, to ensure compliance with all sections of this regulation. For violations of this regulation, the following penalties apply: a. In the case of a first violation, a fine of one thousand dollars ($1,000.00) shall be issued and if the violation is a sale of a tobacco product to a person under the age of 21, the Tobacco Product Sales Permit shall be suspended for three (3) consecutive business days. b. In the case of a second violation within thirty-six (36) months of the date of the current violation, a fine of two thousand dollars ($2,000.00) shall be issued and the Tobacco Product Sales Permit shall be suspended for seven (7) consecutive business days. c. In the case of three or more violations within a thirty-six (36)-month period, a fine of five thousand dollars ($5,000.00) shall be issued and the Tobacco Product Sales Permit shall be suspended for thirty (30) consecutive business days. 2. In the case of four violations or repeated, egregious violations of any section of this regulation, as determined by the Board of Health within a thirty-six (36)-month period, the Board of Health shall hold a hearing in accordance with this regulation and, after such hearing may permanently revoke a Tobacco Sales Permit. 3. Failure to cooperate with inspections pursuant to this regulation shall result in the suspension of the Tobacco Product Sales Permit for thirty (30) consecutive business days. 4. In addition to the monetary fines set above, any permit holder who engages in the sale or distribution of tobacco products while his or her permit is suspended shall be subject to the suspension of all Board of Health issued permits for thirty (30) consecutive business days. Multiple tobacco product sales permit suspensions shall not be served concurrently. 5. The Somerville Board of Health shall provide notice of the intent to suspend or revoke a Tobacco Product Sales Permit, which notice shall contain the reasons therefor and establish a time and date for a hearing which date shall be no earlier than seven (7) days after the date of said notice. The permit holder or its business agent shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health's decision and the reasons therefor in writing. After a hearing, the Somerville Board of Health shall suspend or revoke the Tobacco Product Sales Permit if the Board of Health finds that a violation of this regulation occurred. All tobacco products, as defined herein, shall be removed from the retail establishment upon suspension or revocation of the Tobacco Product Sales Permit. Failure to remove all tobacco products, as defined herein, shall constitute a separate violation of this regulation. 6. For purposes of such fines, the Board of Health shall make the determination notwithstanding any separate criminal or non-criminal proceedings brought in court hereunder or under the Massachusetts General Laws for the same offense.
  19. V. Non-Criminal Disposition: Whoever violates any provision of this regulation may be penalized by the non-criminal method of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21D where the penalty calls for a monetary fine not exceeding three hundred ($300.00) dollars.
  20. W. Separate Violations: Each day any violation exists shall be deemed to be a separate offense. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
  21. X. Enforcement: Enforcement of this regulation shall be by the Somerville Board of Health or its designated agent(s). The Board of Health may enforce these regulations or enjoin violations thereof through any lawful process, and the election of one remedy by the Board of Health shall not preclude enforcement through any other lawful means. Any resident who desires to register a complaint pursuant to the regulation may do so by contacting the Somerville Board of Health or its designated agent(s) and the Board shall investigate.
  22. Y. Severability: If any provision of this regulation is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.
  23. Z. Effective Date: This regulation shall take effect on February 1, 2022. Robert Ciccia, Board Member ___________ ___________ ___________ Date: November 18, 2021

1 Center for Disease Control and Prevention, (CDC) (2012), Health Effects of Cigarette Smoking Fact Sheet. Retrieved from: http://www.cdc.gov/tobacco/data___statistice/fact___sheets/health___effects/effects___cig___smoking/index.htm.

2 CDC (2010), How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease. Retrieved from: http://www.cdc.gov/tobacco/data___statistics/sgr/2010/.

3 U.S. Department of Health and Human Services. 2014. The Health Consequences of Smoking - 50 Years of Progress: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 122. Retrieved from: http://www.surgeongeneral.gov/library/reports/50-years-of-progress/full-report.pdf.

4 Id. at Executive Summary p. 13. Retrieved from: http://www.surgeongeneral.gov/library/reports/50-years-of- progress/exec-summary.pdf

5 United States v. Phillip Morris, Inc., RJ Reynolds Tobacco Co., et al. , 449 F.Supp.2d 1 (D.D.C. 2006) at Par. 3301 and Pp. 1605-07.

6 SAMHSA, Calculated based on data in 2011 National Survey on Drug Use and Health and U. S. Department of Health and Human services (HHA).

7 CDC (2009), Youth Risk Behavior, Surveillance Summaries (MMWR 2010: 59, 12, note 5). Retrieved from: http:www.cdc.gov/mmwr/pdf/ss/ss5905.pdf.

8 Ringel, J., Wasserman, J., & Andreyeva, T. (2005) Effects of Public Policy on Adolescents' Cigar Use: Evidence from the National Youth Tobacco Survey. American Journal of Public Health, 95(6), 995-998, doi: 10.2105/AJPH.2003.030411 and cited in Cigar, Cigarillo and Little Cigar Use among Canadian Youth: Are We Underestimating the Magnitude of this Problem? , J. Prim. P. 2011, Aug: 32(3-4):161-70. Retrieved from: www.nebi.nim.gov/pubmed/21809109.

9 Massachusetts Department of Public Health, 2015 Massachusetts Youth Health Survey (MYHS); Delneve CD et al., Tob Control, March 2014: Preference for flavored cigar brands among youth, young adults and adults in the USA.

10 U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 508-530, www.surgeongeneral.gov/library/reports/preventing-youth- tobacco-use/full-report.pdf.

11 Food and Drug Administration. 2011. Fact Sheet: Flavored Tobacco Products, www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/FlavoredTobacco/UCM183214.pdf; U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 539, www.surgeongeneral.gov/library/reports/preventing-youth- tobacco-use/full-report.pdf.

12 See fn. 3 at p. 85.

13 www.fda.gov/downloads/ucm361598.pdf, Https://tobacco,ucsf.edu/tpsac-gave-fda-what-it-needs-to-ban-menthol

14 www.tobaccofreekids.org/assets/factsheet/0390.pdf

15 MA YRBS 2017

16 310 CMR 30.136

17 King BA, Tynan MA, Dube SR, et al. 2013. "Flavored-Little-Cigar and Flavored-Cigarette Use Among U.S. Middle and High School Students." Journal of Adolescent Health. [Article in press], www.jahonline.org/article/S1054-139X%2813%2900415-1/abstract.

18 Druzik et al v. Board of Health of Haverhill, 324 Mass.129 (1949).

Board of Health Policy Regulations for Urban Agriculture in Somerville

Definitions:

Agriculture, Urban (Urban Agriculture) : An umbrella term that describes a range of food growing practices that may include the keeping of chickens and/or bees, but does not include other livestock.

Aquaponics : The cultivation of fish and plants together in a constructed, re-circulating ecosystem utilizing natural bacterial cycles to convert fish wastes to plant nutrients.

Composting : The natural degradation of organic material, such as yard and food waste, into soil.

Farm : The cultivation and tillage of the soil, the production, planting, caring for, treating, growing and harvesting of any agricultural, aquaculture, floricultural or horticultural commodities, the keeping and raising of hens and/or honey bees, sales subject to compliance of local, state, and federal regulations. Farming shall include aquaponic and hydroponic farms.

Farm/Greenhouse, commercial : the primary use of a lot is commercial urban agriculture.

Farm/Greenhouse, Community : Urban agriculture or greenhouse operated by a non-profit agency

Farm, roof : Urban agriculture on a roof of a principal residential or accessory structure.

Farm, yard : Urban agriculture on a residential yard.

Gardens : A planned space, set aside for the display, cultivation, and enjoyment of plants including vegetables, flowers, and fruits for private/personal use.

Garden, community : Gardens operated by the City of Somerville with a primary purpose of providing space for members of the community to grow plants for beautification, education, and recreation for personal use. Sales, processing and storage of plants or plant products are prohibited on-site.

Garden, home/yard : An accessory use on a residential lot to grow plants for consumption, beautification, or recreation for personal use. The Ownership, care and control is the responsibility of a resident of the dwelling on the lot. Sales are prohibited.

Greenhouse : A structure, primarily of transparent material, in which temperature and humidity can be controlled for the cultivation or protection of plants or other agricultural products. All greenhouse structures are subject to setback and building code requirements.

Hydroponic : The cultivation of plants in nutrient solution rather than soil.

  1. 1. Yard / Roof Farms shall be subject to the following ONLY if fresh produce is for sale: a. Only fresh, un-cut, and unprocessed produce grown on the premises may be sold on-site.
  2. 2. Community garden shall be subject to the following: a. Mechanized equipment similar in scale to that designed for household use shall be permitted. Use of larger mechanized farm equipment is generally prohibited; provided, however, that during the initial preparation of the site, heavy equipment may be used to prepare the land/soil between 7:00 a.m. and 7:00 p.m., Monday—Saturday. b. Any equipment or supplies needed for garden operations shall be enclosed or otherwise screened from the street and any adjacent residential uses.
  3. 3. Community Farm/Greenhouse shall be subject to the following: a. Annual soil sampling and testing required for all sales. Results must be clearly posted for buyers review. b. Only fresh, un-cut, and unprocessed produce grown on the premises may be sold on-site. c. Mechanized equipment similar in scale to that designed for household use shall be permitted. Use of larger mechanized farm equipment is generally prohibited; provided, however, that during the initial preparation of the site, heavy equipment may be used to prepare the land/soil between 7:00 a.m. and 7:00 p.m. Monday—Saturday. d. Any equipment or supplies needed for garden operations shall be enclosed or otherwise screened from the street and any adjacent residential uses.
  4. 4. Commercial Farm/Greenhouse in the residence districts, shall be subject to the following: a. Annual soil sampling and testing required for all sales. Results must be clearly posted for buyers review. b. Only fresh, un-cut, and unprocessed produce grown on the premises may be sold on-site. c. Any equipment or supplies needed for farm operations shall be fully enclosed or otherwise effectively screened from the street and any adjacent residential uses.
  5. 5. Massachusetts Department of Public Health Food Protection Program states that the sale of unprocessed produce, farm fresh eggs and unprocessed honey may be sold without permits (see policy standards for beekeeping and chicken keeping).
  6. 6. Sale of produce, honey, and eggs. Farmstands shall be allowed subject to the following: a. Allowed as a temporary use provided that such temporary farmstand shall only sell • fresh, uncut up products grown on site • honey harvested from site hives • eggs produced onsite. b. Produce grown for retail sales must have an annual soil sample testing with results posted at point of sale.
  7. 7. Composting must be done in a rodent-proof composter.

Board of Health Policy Regulations for the Keeping of Honey Bees

Definitions:

The following words, terms and phrases, when used in this section, shall have meanings ascribed to them in this section:

Apiary shall mean a place where honey bee colonies are kept.

Abutter shall mean a property adjacent to the property of another.

Beekeeper shall mean the person(s) responsible for the keeping of honeybees.

Honey Bee shall mean any life stage of the common domestic honey bee, Apis mellifera species.

Colony shall mean a hive and its equipment and appurtenances, including, honey bees, comb, honey pollen and brood.

Hive shall mean a structure intended for the housing of a honey bee colony.

Honey shall mean the natural food product made by honey bees from nectar collected from a flower's nectarines or a plant's extrafloral nectaries.

Flyway shall mean the direction bees fly leaving their colony; if obstructed, may cause bees to accidentally collide with the obstruction and eventually become aggravated

Owner and Beekeeper any person who owns or controls hives or beekeeping equipment.

  1. 1. No person shall keep honeybees on their premises without obtaining a permit from the Board of Health. Application fees are $50.00 for the first year and $25.00 for annual renewal with no modifications to the plan or keeper.
  2. 2. A maximum of 2 colonies may be kept on a lot. An exemption will be made for beekeepers at the time of the passage of this ordinance. The beekeeper shall be permitted to keep the hives upon payment of a renewal fee.
  3. 3. The beekeeper shall notify abutters of the request to keep honey bees on applicant's property.
  4. 4. The Beekeepers shall maintain their apiaries in such manner that the same shall not become a public nuisance.
  5. 5. The beekeeper must comply with all Massachusetts General Law's of beekeeping (330 CMR 8.00) including: • Notify the Commonwealth of the hives within 48 hours of possession • Mark all hives with the name of the owner , either inside or outside, to be easily found by the inspector. Branding or stencil marking or broad ink pen lettering is recommended. • Bees moved between sunrise and sunset shall be covered with wire mesh, screen or net.
  6. 6. Each hive shall not exceed five (5) feet in height and twenty (20) cubic feet.
  7. 7. Hives located closer than twenty (20) feet from a principal building on an abutting lot, or on a side yard abutting a street must: • Provide a flyway barrier at least six (6) feet in height that shields any part of a property line. • The flyway barrier shall consist of a wall, fence, dense vegetation or a combination thereof for a minimum of twenty five (25) feet and meet the Zoning Code.
  8. 8. A constant supply of fresh water shall be provided for all hives; stagnant water that could provide a breeding area for mosquitoes is not permitted.
  9. 9. Any person who keeps bees and sells honey must comply with Massachusetts Department of Public Health Food Protection Program for the sale of unprocessed honey.
  10. 10. The beekeeper must watch the Board of Health video regarding the keeping of bees in Somerville.
  11. 11. The Board of Health may suspend, revoke, or decline to renew a beekeeper permit for cause after reasonable notice to the licensee of the ground for the proposed action.
  12. 12. If the Board of Health, or its agent, determines that the hive(s) causes disturbances on, or damage to neighboring property or public areas, the Board or its agent may require that the hive be removed, at owner's expense, immediately. a. Soil sampling and testing is required prior to any sales. Results must be clearly posted for buyers review. b. Yards must remain free of tall weeds, grasses, and rotting fruits and vegetables at all times.

Board of Health Regulations for the Keeping of Hens

Definitions:

The following words, terms and phrases, when used in this section, shall have meanings ascribed to them in this section:

Hen shall mean a female chicken

Henhouse shall mean an enclosed structure for hens

Pen a pen shall mean the enclosed outdoor space for hens

  1. 1. No person shall keep hens on their premises without obtaining a permit from the Board of Health. Application fees are $50.00 for the first year and $25.00 for annual renewal with no modifications to the application or owner.
  2. 2. A maximum of six (6) hens may be kept on a lot. Roosters are not allowed to be kept in Somerville. An exemption will be made for existing henhouses at the time of the passage of this ordinance and shall be permitted to keep existing hens of more than six (6) hens until they expire. Renewal fees shall apply to existing henhouses.
  3. 3. The applicant shall notify abutters of the request to keep hens on applicant's property.
  4. 4. An enclosed henhouse shall provide at least two (2) square feet per hen and an enclosed pen shall provide at least four (4) square feet of pervious surface per hen kept on the property.
  5. 5. Structures shall meet all build code requirements. Structures exceeding one hundred twenty (120) sq feet or ten (10) feet in height will require building permits and structures with electrical or plumbing shall require appropriate permits.
  6. 6. Henhouse structure will not interfere with any utility or other feature of the property that needs suitable access.
  7. 7. Henhouse structure will be located in a well-drained area that does not discharge on a public way or neighbor's property.
  8. 8. All outdoor roaming areas for hens shall be sufficiently enclosed and screened from the street and neighboring properties.
  9. 9. Hens shall not be kept within the living area of the residential structure.
  10. 10. Massachusetts Department of Public Health Food Protection Program states that the sale of farm fresh eggs must be stored and maintained at 45°F (7.2°C).
  11. 11. Noise from hens at the property boundary must conform to the City's Noise Ordinance.
  12. 12. Odors from hens, hen manure, or other hen-related substances shall not be perceptible at the property boundaries.
  13. 13. Waste shall either be composted with carbonaceous material such as hay, bedding, or leaves or stored in a sealed container until it is removed from the property.
  14. 14. Henhouses shall be cleaned at least on a weekly basis.
  15. 15. Hens shall be confined to the subject property and not allowed to wander onto other properties including City owned land.
  16. 16. Hen feed must be stored in a rodent-proof container inside the primary structure.
  17. 17. Henhouse and attached pen must be constructed securely so as to exclude predators and rodents.
  18. 18. The applicant must watch the Board of Health video regarding the keeping of hens in Somerville.
  19. 19. The Board of Health may suspend, revoke, or decline to renew a hen permit for cause after reasonable notice to the licensee of the ground for the proposed action.
  20. 20. If the Board of Health, or its agent, determines that the hen(s) causes disturbances on, or damage to neighboring property or public areas, the Board or its agent may require that the hens be removed, at owner's expense, immediately.

APPENDIX E TRAFFIC COMMISSION REGULATIONS

PREFACE

These Traffic Rules and Regulations have been adopted by the Traffic Commission pursuant to the provisions of the Charter of the City of Somerville empowering it to do so. The relevant section of the Charter is ARTICLE VII , Division 2, § 8, which states in part:

The traffic commission may adopt, alter or repeal rules and regulations, not inconsistent with General Law as modified by this Act, relative to vehicular and pedestrian traffic in the streets of the city, and to the movement, stopping, standing or parking of vehicles on, and their exclusion from, all or any streets, ways, highways, roads and parkways under the control of the city, including rules and regulations designating any way or part thereof under such control as a through way under and subject to the provisions of Section nine of Chapter eighty-nine of the General Laws. Any rule or regulation adopted under this clause, prohibiting the parking or standing of vehicles on the whole or any part or parts of one or more streets, ways, highways, roads or parkways under the control of the city, may provide that it shall not apply in such residential areas as shall be specified, and at such times as shall be prescribed, in such rule or regulation, to any motor vehicle registered under Chapter ninety of the General Laws as principally garaged in the city and owned or used by a person residing in such area, who, in the year in which such vehicle is parked or in the preceding December for such year, shall have given, by a writing executed in such form and detail as such rule or regulation shall prescribe, and filed with the chief of police, notice of intention to park in such area and shall display in a conspicuous place on such vehicle, while parked, such visible evidence of the giving of such notice as such rule or regulation shall prescribe; but neither the giving of such notice nor the issuance of visible evidence of the giving thereof shall be construed to assign any specific space to any person or vehicle. The traffic commission may, with the approval of the mayor and board of aldermen, prescribe a schedule of fines not exceeding fifteen dollars for each violation of parking regulations in the calendar year as authorized by Section twenty-C of Chapter ninety of the General Laws. All other violations of regulations adopted under the provisions of this Act, except as otherwise provided by statute, shall be subject to fines not to exceed fifty dollars for each offense as set forth in the regulations.

CITY OF SOMERVILLE TRAFFIC RULES & REGULATIONS

The following vote was duly passed:

The Traffic Commission of the City of Somerville acting by virtue of the power given to it by Chapter 397 of the General Laws of Massachusetts Tercenary Edition ("General Laws") and ARTICLE VII , Division 2, § 8 of the Charter of the City of Somerville, and by virtue of any other power it hereto enabling, hereby adopts and makes the rules and orders for the regulation of carriages and vehicles used in the said City for regulating traffic upon the streets and highways of said City of Somerville; insofar as the said rules and orders or any of them are the same as the regulations, rules and orders now in force they shall be deemed to be a continuation thereof.

If any section, subsection, sentence, clause or phrase of these rules and order is for any reason unconstitutional, void for vagueness, illegal, or unenforceable, such decisions shall not affect the validity of the remaining portion of these rules and orders. The City of Somerville hereby declares that it would have passed these regulations and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

ARTICLE I. DEFINITIONS

Section 1-1. Definitions

For the purpose of these Regulations, the words and phrases used herein shall have the following meanings except in those instances where the context clearly indicates a different meaning.

Section 1-2. Bus Stop

An area in the roadway set aside for the boarding of or alighting from and the parking of buses.

Section 1-3. Crosswalk

That portion of a roadway ordinarily included within the prolongation or connection of curb lines and property lines at intersections, or at any portion of a roadway indicated for pedestrian crossing by lines on the road surface or by other marking or signs.

Section 1-4. Curb Marking, Official

That portion of a curbing, the painting of which has been authorized by the Traffic Commission of the City of Somerville (hereinafter Traffic Commission), and which has the written approval of the Massachusetts Highway Department.

Section 1-5. Emergency Vehicle

Vehicles of the Fire Department, police vehicles, ambulances and emergency vehicles of federal, state, and municipal departments or public service corporations when the latter are responding to an emergency.

Section 1-6. Funeral

Any procession of mourners properly identified as such accompanying the remains of a human body.

Section 1-7. Intersection

The area embraced within the extensions of the lateral curb lines or, if none, then the lateral boundary lines, of intersecting ways as defined in Section 1 of Chapter 90 of the General Laws, including divided ways.

The rules and regulations herein contained governing and restricting the movement of vehicles at and near intersecting ways shall apply at any place along any way at which drivers are to be controlled by traffic control signals whether or not such place is an intersection as herein defined.

Section 1-8. Lane

A longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles.

Section 1-9. Live Parking

The stopping or standing of a vehicle, while the same is in direct charge of a driver, on a roadway otherwise than temporarily in obedience to traffic rules, regulations, signs, or signals.

Section 1-10. Loading (Service) Zone

An area in the roadway set aside for the accommodation of commercial and transient vehicular traffic.

Section 1-11. Officer

Any officer of the Somerville Police Department or any officer authorized to direct or regulate traffic or to make arrests for the violation of traffic regulations.

Section 1-12. Parking

The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience to an officer or traffic signs and signals, or while making emergency repairs or, if disabled, while arrangements are being made to move such vehicle.

Section 1-13. Parking Control Officer

Any officer authorized by the Traffic Commission to regulate parking or make citations for the violation of parking regulations.

Section 1-14. Parking Meter

Any mechanical device, not inconsistent with the provisions of this regulation, and placed or erected on any public way or municipal off-street parking area within the City of Somerville for the regulation of parking. Each parking meter installed shall indicate by proper legend the legal parking time established by this regulation and when operated shall at all times indicate the balance of legal parking time permitted and at the expiration of such period shall indicate illegal or overtime parking.

Section 1-15. Parking Meter Space

Any space within a parking meter zone, adjacent to a parking meter which is duly designated for the parking of a single vehicle by lines painted on the surface of the street or municipal off-street parking area adjacent to or adjoining each parking meter.

Section 1-16. Parking Meter Zone

Any street or portion thereof or municipal off-street parking area upon which parking of vehicles is permitted for a limited time subject to compliance with the further provisions of this regulation.

Section 1-17. Pedestrian

Any person afoot or riding on a conveyance moved by human muscular power, except bicycles or tricycles, as defined in Chapter 90, Section 18A of the General Laws.

Section 1-18. Person

Any individual, firm, partnership, association, corporation, or similar entity.

Section 1-19. Railroad Crossing

Any intersection of ways with a railroad right-of-way.

Section 1-20. Roadway

That portion of a street or highway between regularly established curb lines or that part, exclusive of shoulders, improved and intended to be used for vehicular traffic.

Section 1-21. Rotary Traffic

The counter clockwise operation of a vehicle around an object or structure.

Section 1-22. Safety Zone

Any area or space set aside within a roadway for the exclusive use of pedestrians and which has been indicated by signs, lines, or markings, having the written approval of the Massachusetts Highway Department.

Section 1-23. Sidewalk

That portion of a street or highway, other than a crosswalk, set aside for pedestrian travel.

Section 1-24. Street or Highway

The entire width between property lines of every way open to the public for purposes for travel.

Section 1-25. Street Marking, Official

Any painted line, legend, marking or marker of any description painted or placed upon any way which purports to direct and regulate traffic and which has been authorized by the Massachusetts Highway Department.

Section 1-26. Taxicab Stands

An area in the roadway in which certain taxicabs are authorized and required to park while waiting to be engaged.

Section 1-27. Traffic

Pedestrians, ridden animals, vehicles, streetcars or other conveyances either singly or together while using any street or highway for the purpose of travel.

Section 1-28. Traffic Control Area

Any area along any way, other than an intersecting way, at which drivers are to be controlled by traffic control signals.

Section 1-29. Traffic Control Signal

Any device using colored lights which conforms to the standards prescribed by the Manual on Uniform Traffic Control Devices, whether manually, electrically, or mechanically operated, by which traffic may be alternately directed to stop and to proceed.

Section 1-30. Traffic Island

Any area or space set aside within a roadway, which is not intended for use by vehicular traffic.

Section 1-31. Traffic Signs, Official

All signs, markings, and devices, other than signals, not inconsistent with these rules and orders, and which conform to the standards prescribed by the Manual on Uniform Traffic Control Devices and placed or erected by authority of a public body or official having jurisdiction for the purpose of guiding, directing, warning, or regulating traffic.

Section 1-32. Traffic Signals, Official

All signals, conforming to the standards as prescribed by the Manual on Uniform Traffic Control Devices, and placed or erected by authority of a public body having jurisdiction, for the purpose of directing or warning traffic.

Section 1-33. U-Turn

The turning of a vehicle by means of a continuous turn whereby the direction of such vehicle is reversed.

Section 1-34. Vehicle

Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including bicycles when the provisions of these rules are applicable to them, except other devices moved by human power or used exclusively upon stationary rails or tracks and devices which derive their power for operation from stationary overhead wires.

Section 1-35. Vehicle, Commercial

A vehicle displaying commercial vehicle license plates or used primarily for commercial purposes as declared on the application for insurance of said vehicle or any vehicle displaying, words, numbers, or symbols, that name or call attention to a business enterprise, except that of a vehicle manufacturer.

Section 1-36. Vehicle, Heavy Commercial

Any commercial vehicle of two and one-half (2½) tons capacity or over.

Section 1-37. Manual on Uniform Traffic Control Devices (MUTCD)

A publication of the Federal Highway Administration (FHWA) of the United States Department of Transportation, which is incorporated by reference in 23 CFR Part 655. The MUTCD promulgates standards for the installation of traffic control devices in the Unites States.

ARTICLE II. AUTHORITY AND DUTIES OF POLICE AND FIRE DEPARTMENT

Section 2-1. Traffic, Police to Direct

It shall be the duty of officers designated by the Chief of Police to enforce the provisions of these Regulations. Parking Control Officers designated by the Director of Traffic & Parking shall enforce the parking provisions only. Such officers are hereby authorized to direct all traffic either in person or by means of visible or audible signal in conformance with the provisions of these Regulations provided that in the event of a fire or other emergency, to expedite traffic or safeguard pedestrians , officers of the Police or Fire Departments may direct traffic, as conditions may require, notwithstanding the provisions of these Regulations.

Section 2-2. Close Street, Police May Temporarily

The Chief of Police is hereby authorized to close temporarily any street or highway in an impending or existing emergency, or for any lawful assemblage, demonstration, or procession. ARTICLE VIII of these Regulations, "Workzone Traffic Control", specifically regulates the scheduled closing of streets and highways.

Section 2-3. Close Street, Fire Department May Temporarily

The Chief Engineer of the Fire Department is hereby authorized to close temporarily any street or highway, or portion thereof, in case of a fire or other emergency response related to public safety as determined by the Emergency Management Director.

Section 2-4. Close Street, Other Departments May Temporarily

The Commissioner of Public Works and the Director of Traffic & Parking are hereby authorized to close temporarily any street or highway, or portion thereof, in case of the need for emergency repairs to the roadway .

Section 2-5. Parking, Police and Others May Prohibit Temporarily

The Chief of Police, the Commissioner of Public Works, and the Director of Traffic & Parking are hereby authorized to prohibit, temporarily, parking on any street or highway or part thereof in an impending or existing emergency or for a lawful assemblage, demonstration, or procession. Vehicles parked in places where parking is prohibited temporarily may be moved under the direction of a police officer in the grade of sergeant or above. ARTICLE VIII of these Regulations, "Temporary Traffic Control," specifically regulates the scheduled closing of streets and highways.

Section 2-6. Exemptions

The provisions of these Regulations shall not apply to police officers when engaged in the performance of public duties or to drivers of emergency vehicles (including the Emergency Management Director) while operating in an emergency and in performance of public duties when the nature of the work of any of these necessitates a departure from any part of these Regulations. These exemptions shall not, however, protect the driver of any vehicle from the consequences of a reckless disregard of the safety of others.

Section 2-7. Drivers' Obedience to Police Officers

Drivers of vehicles shall comply with any lawful order, signal, or direction of a police officer .

ARTICLE III. TRAFFIC SIGNS, SIGNALS, MARKINGS, AND ZONES

Section 3-1. Bus Stops, Taxicab Stands and Service Zones, Location of

The location of all bus stops , taxicab stands and service zones shall be specified by the Traffic Commission and in the case of taxicab stands, the Chief of Police with the approval of the Traffic Commission shall designate who may use them as such.

The location of all bus stops is in accordance with a schedule of streets designated as SCHEDULE A , hereto appended to which reference is made and which SCHEDULE A is specifically incorporated in this section. Section 5-11 of these Regulations specifically regulates bus stops.

The location of all taxicab stands is in accordance with a schedule of streets designated as SCHEDULE B , hereto appended to which reference is made and which SCHEDULE B is specifically incorporated in this section. Section 5-12 of these Regulations specifically regulates taxicab stands.

The location of all service zones is in accordance with a schedule of streets designated as SCHEDULE C , hereto appended to which reference is made and which SCHEDULE C is specifically incorporated in this section. Section 5-2 of these Regulations specifically regulates service zones.

Section 3-2. Interference with Signs, Signals and Markings Prohibited
  1. (a) Any person who willfully defaces, injures, moves, obstructs, or interferes with any official traffic signs , signals, or marking shall be in violation of City Ordinance as prescribed in CHAPTER 9 , Article IV. Offenses Against Property, § 9-47 . Defacing Public Property.
  2. (b) Any sign that has been defaced by the affixing of adhesive stickers to the sign bearing the name of a person will be a violation of any provisions of these rules and regulations. If the identity of the person affixing the sticker cannot be determined, the person whose name such sticker bears, shall be held prima facie responsible for such violations.
  3. (c) Violations of the provisions of this section are subject to a penalty in accordance with the provisions of the City of Somerville Code of Ordinances.
Section 3-3. Obedience to Traffic Signs, Signals and Markings

No driver of any vehicle or of any street car shall disobey the instructions of any official traffic control signal , sign, marking, marker or legend unless otherwise directed by a police officer .

Section 3-4. Traffic Signs and Signals
  1. (a) The Traffic Director is hereby authorized, and as to those signs and signals required hereunder it shall be his duty, to place or maintain or cause to be placed and maintained all official traffic signs , signals, markings, and safety zones . All signs, markings, and safety zones shall conform to the standards as prescribed by the Manual on Uniform Traffic Control Devices .
  2. (b) Sections 2-2 and 2-3 of ARTICLE II , Sections 5-1 (k), (q) and (r), 5-2 , 5-3 , 5-5 , 5-6 , 5-10 , 5-11 , 5-12 and 5-20 of ARTICLE V relating to parking and Sections 7-10 , 7-11 , 7-12 , 7-19 and 7-27 concerning turning movements and/or exclusion shall be effective only during such times as official signs are erected and maintained in each block designating the provisions of such sections and located so as to be easily visible to approaching drivers. (1974-24)
  3. (c) Sections relating to one-way streets shall be effective only during such time as a sufficient number of official signs are erected and maintained at each of the exits for each one-way street, so that at least one sign will be clearly visible for a distance of at least seventy-five (75) feet to drivers approaching such an exit.
  4. (d) The enforcement of a regulatory sign, posted within a city block, classified by the Manual of Uniform Traffic Control Devices, as the Parking Series, shall be implemented 100 linear feet before the sign placement and 100 linear feet after the sign placement. In no case shall a restricted zone be longer than 200 linear feet without additional postings. (93-13)
Section 3-5. Signs, Signals and Markings Prohibited, Display of Unauthorized

No person or corporation shall place, maintain, or display upon or in view of any street , any unofficial device, sign, signal, curb marking or street marking which purports to be or is an imitation of or resembles an official traffic device, sign, signal, curb marking or street marking or which attempts to direct the movement of traffic or which hides from view any official sign or signal, marking or device. The Chief of Police and Director of Traffic & Parking are hereby authorized to remove any such prohibited sign, signal, marking or device or cause it to be removed without notice.

Section 3-6. Authority to make experimental or temporary rules

For emergency or experimental purposes the Traffic Commission may make temporary rules regulating traffic and parking , or test under actual conditions, traffic signs, signals, markings, or other devices. No such emergency or experimental rule regulating traffic or parking shall remain in effect for a period of time longer than one hundred eighty (180) days. (81-8)

Section 3-7. Authority to approve construction team requests

For temporary signage and/or traffic changes necessary due to GLX construction and bridge closures. These changes will be made on site and approval will be requested at the next scheduled Traffic Commission meeting. Approved requests will be listed in SCHEDULE U "Temporary Restrictions".

ARTICLE IV. SPEED REGULATIONS

Section 4-1. General Prohibitions

No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public. Unless it is otherwise posted in accordance with the provisions of § 18 of Chapter 90 of the General Laws and Section 4-2 below, it shall be prima facie evidence of a rate of speed greater than is reasonable and proper as aforesaid (1.) if a motor vehicle is operated a rate of speed in excess of thirty miles per hour for a distance of one eight of a mile, or (2.) within a school zone established under the provisions of § 2 of Chapter 85 of the General Laws at a rate of speed exceeding twenty miles per hour.

Section 4-2. Specific Prohibitions

No person shall operate a motor vehicle at a speed in excess of a speed limit posted in accordance with the provisions of Chapter 90, § 18 of the General Laws.

The Traffic Commission, having adopted special speed regulations in accordance with the provisions of Chapter 90, § 18 of the General Laws hereby promulgates said regulations. The location of all speed zones is in accordance with a schedule of streets designated as SCHEDULE Q , hereto appended to which reference is made and which SCHEDULE Q is specifically incorporated in this section.

Section 4-3. Speed Safety Zones

The Speed Limit within 300 feet of the designated areas designated in SCHEDULE S shall be 20 mph.

ARTICLE V. STOPPING, STANDING, PARKING

Section 5-1. General Prohibitions

No driver shall allow, permit or suffer any vehicle registered in his name to stand or park in any street , way, highway, road or parkway under the control of the City of Somerville in violation of any of the Traffic Regulations adopted by the Traffic Commission and in particular in any of the following places except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic sign or signal.

  1. (a) Within any intersection .
  2. (b) Upon any sidewalk .
  3. (c) Upon or within 20 ft of any crosswalk .
  4. (d) Upon any roadway in a rural or sparsely settled district.
  5. (e) Upon a roadway where parking is permitted unless both wheels on the right side of the vehicle are within twelve (12) inches of the curb or edge of the roadway, except upon those streets which are designated as one-way streets. On such one-way streets vehicles shall be parked in the direction in which said vehicle is moving and with both wheels within twelve (12) inches of the curb.
  6. (f) This is not to apply to streets or parts of streets where angle parking is required by these regulations.
  7. (g) Upon any roadway where the parking of a vehicle will not leave a clear and unobstructed lane at least twelve (12) feet wide for passing traffic.
  8. (h) Upon a street or highway within ten (10) feet of a fire hydrant.
  9. (i) In front of any driveway, including 2 feet in either direction from the driveway
  10. (j) Upon any street or highway within twenty (20) feet of an intersecting way, except alleys.
  11. (k) Within fifteen (15) feet of the wall of a fire station or directly across the street from such fire station provided signs are erected acquainting the driver of such restriction.
  12. (l) Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic.
  13. (m) Within twenty-five (25) feet of the nearest rail of a railroad crossing when there are no gates at such crossing, or otherwise within five (5) feet from the gate.
  14. (n) On a bridge and the approach thereto.
  15. (o) On the roadway side of any vehicle stopped or parked at the edge or curb of a roadway.
  16. (p) On both sides of any street, alley or private way, when the width does not exceed eighteen (18) feet or upon one side of a street, alley or private way, when the width of the roadway does not exceed twenty-six (26) feet.
  17. (q) When official signs prohibiting parking are erected upon narrow streets authorized herein, no person shall park upon any such street in violation of any such sign. (81-1)
  18. (r) Upon any street or part thereof where signs have been erected by order of the Traffic Director for the purpose of facilitating the cleaning of streets, no person shall stand or park a vehicle on the days and during the hours indicated. (1977-1)
  19. (s) It shall be unlawful for any person to park a vehicle at a metered space in any City owned parking lot unless parked with the front of the vehicle facing the parking meter . This will be referred to as "Head On" parking. Violations of the provisions of this section shall be enforced by the City of Somerville in accordance with the provisions of the General Laws, Chapter 90 section 20A½ and shall be fined as a "Wrong Direction" violation. (2001-02)
  20. (t) The standing or parking of any commercial vehicle between the hours of 12:00 a.m. and 6:00 a.m. on any day on any part of any street, way, highway, road, or parkway under the control of the City of Somerville is prohibited. ARTICLE VII Section 7-27 (c).
  21. (u) Upon any way for a period of time exceeding 24 consecutive hours, whether the vehicle is disabled or not and preparations are being made by the owner or operator for its removal. ARTICLE X Section 10-5 (i).
  22. (v) With an expired or invalid registration plate. Upon any Bicycle Lane
  23. (w) With an expired or invalid inspection sticker
  24. (x) Upon any Bicycle Lane
Section 5-2. Loading/Service Zones

No person shall park a vehicle upon any street in any service zone for a period of time longer than thirty minutes and except while actually engaged in loading or unloading, except that passenger vehicles may stand for not more than five (5) minutes, continuously, for the receiving or discharging of passengers, except for loading zones in and around the Davis Square area which are for "Delivery Vehicles Only", and commercial vehicles may stand for not more than twenty (20) minutes continuously for the loading or unloading of materials.

The location of all service zones is in accordance with a schedule of streets designated as SCHEDULE C , hereto appended to which reference is made and which SCHEDULE C is specifically incorporated in this section.

Section 5-3. Diagonal Parking
  1. (a) The Traffic Commission shall determine the street upon which diagonal parking shall be permitted and shall cause said streets to be designated by sign and the surfaces thereof to be marked as directed by the Traffic Director.
  2. (b) Where such diagonal parking is permitted, vehicles shall be parked with one wheel within twelve (12) inches of the curb and at the angle to the curb indicated by official marks and signs. The vehicle shall be parked so that all four wheels of the vehicle shall be places wholly within the area indicated for parking, and headed to the curb. (List of areas may be passed by Regulation later.)
Section 5-4. Parking Vehicle for Sale Prohibited

It shall be unlawful for any person to park upon a street or highway any vehicle displayed for sale.

Section 5-5. Parking Location and Prohibitions

Parking is prohibited, restricted or limited as to time, space and streets in accordance with a schedule of streets designated as SCHEDULE D , hereto appended to which reference is made and which SCHEDULE D is specifically incorporated in this section. No operator shall park a vehicle in the designated prohibited locations or in the restricted locations for a period longer than is designated in SCHEDULE D , except as otherwise provided in this Schedule, or where there is a time limit as to parking. No parking anytime on McGrath Highway, both sides, from Washington St. to Somerville Av. (beginning on September 1, 2015 for the duration of the construction associated with the McCarthy Overpass Project).

Section 5-6. Permit Parking Location and Prohibitions

Parking is prohibited, restricted, or limited as to time, space and streets without a permit issued by the Traffic Commission in accordance with a schedule of streets designated as SCHEDULE E , hereto appended to which reference is made and which SCHEDULE E is specifically incorporated in this section. No operator shall park a vehicle in the designated prohibited locations or in the restricted locations for a period longer than is designated in SCHEDULE E , without a permit issued by the Traffic Commission except as otherwise provided in this Schedule.

Section 5-7. Residential Permit Parking Program Approval Procedures
  1. (a) In order for a street in the City of Somerville to become a Residential Permit Parking Program Street, 51% or more of the residents must approve/support a petition for the request. The petition must be submitted on Department of Traffic & Parking Form 1 (T&P Form 1, included in Appendix B) by the residents in accordance with the instructions on the form.
  2. (b) Once a petition is submitted meeting the requirements stated on the form, the Department of Traffic & Parking investigates the number of residential units on the petitioned street in order to verify signatures. In calculating the percentage of the residents who approve of the petition, the following criteria apply: 1. One signature per household. 2. Only legal residents of legal units may sign the petition. 3. Sublet units will not be counted (i.e., house 37A and 37B shall be considered one (1) household #37) 4. Corner lots with addresses on an intersecting street will be included in the calculation and may sign the petition.
  3. (c) The Traffic Commission, by a majority vote, approves the petition if the requisite number of signatures are submitted on the petition and verified by the Department of Traffic & Parking.
  4. (d) The Department of Traffic & Parking advertises the proposed traffic regulations for three weeks in the newspaper.
  5. (e) After advertising, signs are installed for enforcement.
Section 5-7. Rescinded

Rescinded in its entirety 2009-20.

Section 5-8. Use of Guest Parking Permits

Guest parking permits shall be used only by guests of a Somerville resident on the street for which the permit was issued or on an abutting street (within walking distance). The use of a guest parking permit by a resident of Somerville on a vehicle in his or her custody is prohibited and will result in the revocation of all guest permits held by such a resident and all other residents of his/her household for one (1) year or until the expiration date of the subject guest permits, at the discretion of the Traffic Commission. For the purposes of this regulation, a vehicle is in the custody of a resident if such resident is either the registered owner of the vehicle or is the authorized operator of the vehicle for more than five (5) days within any thirty (30) day period.

A vehicle parked in a permit parking area displaying one or more guest parking permits is in compliance with Section 5-6 for a period not to exceed two days each week, from Monday through Saturday unless a time extension is granted by the Traffic Commission.

The Visitor Parking Permit may not be transferred by the resident, remains the property of the City of Somerville, and must be surrendered upon request. Use of the Visitor Permit acknowledges agreement to comply with applicable Traffic & Parking regulations relative to the use of the Visitor Parking Permit. (84-24), (90-10), (97-22).

Section 5-9.1. Parking Meter Locations and Regulations

Parking is restricted or limited as to time, space, streets and municipal off-street parking area on the streets and municipal off-street parking areas designated as SCHEDULE F hereto appended to which reference is made and which SCHEDULE F is specifically incorporated in this Section. No person shall park a vehicle for a period of time longer than two hours or as hereinafter indicated, between the hours of 8:00 AM and 8:00 PM on any streets hereinafter designated in this section or for a period of time longer than three hours or as hereinafter indicated, between the hours of 8:00 AM and 10:00 PM in all municipal parking lots in Davis Square and Magoun Square. This restriction shall not apply on Sundays or during the hours of legal holidays during which business establishments are required by law to remain closed.

In accordance with the foregoing, parking meter zones are hereby established in the streets, parts of streets or municipal off-street parking areas listed in SCHEDULE F , hereto appended to which reference is made and which SCHEDULE F is specifically incorporated in this section.

(1974-23, 1974-24), (81-10, 81-11), (82-3), (83-6), (84-9), (92-14), (93-15), (94-17, 94-21), (95-1, 95-15, 95-21, 95-25), (96-87), (97-90), (98-14, 98-42), (99-13)

Section 5-9.2

The Traffic Director is hereby empowered, with the approval of the Traffic Commission and the Mayor, to contract for the acquisition and installation of parking meters provided for by this Regulation and to maintain said meters in good workable condition.

Section 5-9.3

The Director of Traffic & Parking is hereby authorized and directed to install parking meters within the areas described in this Regulation or cause the same to be so installed. The meters shall be placed at intervals of not less than 20 feet apart, except that beginning and ending spaces may be 18 feet, and not less than 12 inches nor more than 24 inches from the face of the curb adjacent to individual meter spaces. Meters shall be so constructed as to display a signal showing legal parking upon the deposit therein of the proper coin or coins of the United States or other approved transfer of funds as indicated by instructions on said meters and for such period of time as is or shall be indicated by Regulation or meter legend. Said signal shall remain in evidence until expiration of the parking period designated at which time a dropping of a signal automatically or some other mechanical operation shall indicate expiration of said parking period.

Section 5-9.4

The Traffic Director is hereby authorized and directed to establish parking meter spaces , in such parking meter zones , as are herein specified, or as may be hereafter fixed by Regulation.

Section 5-9.5

Whenever any vehicle shall be parked adjacent to a parking meter , the owner or operator of said vehicle shall park within the space designated by pavement marking lines and, upon entering such space shall immediately deposit in said meter the required coin or coins of the United States or other approved payment for the maximum legal parking period as indicated or shown on the meter and if so required set the mechanism in motion.

The fee for parking meters shall be twenty-five (25) cents for 12 minutes.

It shall be unlawful for any person to deposit or cause to be deposited in a parking meter any coin for the purpose of permitting the vehicle of which he is in charge to remain in a parking space beyond the maximum period of time allowed in a particular zone.

It shall be unlawful for any person to park a vehicle within a parking meter space unless such vehicle is wholly within the painted lines adjacent to such meter.

It shall be unlawful for any unauthorized person to open, tamper with, break, injure or destroy any parking meter or to deposit or cause to be deposited in such meter any slugs, device, or metallic substance or any other substitute for the coin or coins required. A meter is considered broken when none of the forms of payments are being accepted at the meter.

A vehicle shall be allowed to park at a broken meter up to the maximum amount of time otherwise permitted as such meter.

Section 5-9.6

Operators of commercial vehicles may park in a metered space without depositing a coin for a period not to exceed 30 minutes for purposes of loading or unloading. Parking in excess of this time limit without depositing the proper coin or coins shall be deemed a violation of the provisions of this Regulation.

Section 5-9.7

The Traffic Director is hereby designated as the person authorized to maintain parking meters installed in accordance with this Regulation and to collect therefrom or cause to be collected all monies deposited in said meters. Such monies shall be deposited forthwith by the Traffic Director with the City Treasurer, and the City Treasurer shall deposit such monies in a separate account to be known as the City of Somerville Parking Meter Account.

Section 5-9.8

All fees received by the Treasurer of the City of Somerville from the operation and use of parking meters shall be used by said Treasurer as authorized by Chapter 442, Acts of the Legislature, 1947, and any and all other provisions in the General Laws, and particularly, as mentioned in § 24R, in accordance with requirements issued by the Director of Accounts of the Commonwealth.

Section 5-9.9

It shall be the duty of the Traffic Director and the Chief of Police of the City of Somerville, and all officers of the Police Department to enforce the provisions of this section.

Section 5-9.10

Nothing in this Parking Meter Regulation shall be construed to prohibit the Traffic Commission from making provisions for bus stops , taxicab stands , service zones, as authorized by statutes or Regulations on any street or portion thereof which has been or may hereafter be designated herein as a parking meter zone .

Section 5-9.11

Any person who violates any parking provision of this Regulation shall be subject to the penalties provided by Chapter 90, § 20A of the General Laws and any other violation shall be punishable as may be provided by law.

Section 5-9.12

No driver, while operating any vehicle owned and bearing indicia of ownership by the City of Somerville, State or Federal governments, shall be required to deposit any fee in a parking meter as provided in this section.

Section 5-10. Prohibited at Safety Zones

No driver shall park a vehicle within a safety zone which has been properly posted and designated by the Traffic Commission. Safety zones, for the purposes of this regulation, shall include fire lanes and crosswalks .

  1. (a) It shall be unlawful to obstruct or park any vehicle in any fire lane, such fire lane to be designated by the Traffic Commission upon the recommendation of the Chief Engineer of the Fire Department (or his/her designee), and marked as such. The Traffic Commission shall designate specific areas as fire lanes when it determines that the safety and welfare of the general public will best be served by the implementation of a fire lane.
  2. (b) On public ways within the jurisdiction of the Traffic Commission, fire lanes shall be established after due consideration of the effects of such fire lane on public safety and welfare as well as parking supply and engineering judgment. The location of all safety zones is in accordance with a schedule of streets designated as SCHEDULE G , hereto appended to which reference is made and which SCHEDULE G is specifically incorporated in this section.
  3. (c) It shall be unlawful to obstruct or block a private way with a motor vehicle or other means so as to prevent access by fire department apparatus or equipment to any building.
  4. (d) The Traffic Commission hereby establishes fire lanes on private property in any of the following places except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic sign or signal. The building owner of record shall provide, install, and maintain signs and striping to designate said fire lanes in conformance with the specifications of these regulations. Such signage and striping shall meet with the approval of the Traffic Director. 1. Where there is a sidewalk and curbing in front of a building, the area within twelve feet from the curbing along the building front of a shopping center, hotel, theatre, school, church, hospital, or assembly hall. 2. Where there are no sidewalks with curbing in front of a building, the area within eighteen feet from the building front of a shopping center, hotel, theatre, school, church, hospital, or assembly hall.
  5. (e) It shall be unlawful to park a motor vehicle under the cantilever of fire escapes or in such a manner as to block exits or passageways to the street or sidewalks, nor to interfere with the means of egress from buildings.
  6. (f) If any vehicle is found in violation of any provisions of these rules and regulations and the identity of the driver cannot be determined, the owner or the person in whose name such vehicle is registered, shall be held prima facie responsible for such violations.
  7. (g) Violations of the provisions of this section shall be enforced by the City of Somerville in accordance with the provisions of the General Laws, Chapter 90, § 20A½, except where uniformed security officers are employed by the owners of buildings on private property, in which case said security officers may be appointed parking control officers for the purpose of issuing violations in accordance with the provisions of the General Laws, Chapter 147, § 10F and charged with enforcement of this regulation.
Section 5-11. Bus Stops
  1. (a) No person shall stop, stand, or park a vehicle , other than a bus under the control of the Massachusetts Bay Transportation Authority, within a Massachusetts Bay Transportation Authority bus stop , when such stop is designated by signs bearing the legend, "Bus Stop, No Stopping"
  2. (b) No person shall park a bus upon any street within a business district at any place other than a bus stop when a nearby bus stop is available for use.
  3. (c) The location of all bus stops is in accordance with a schedule of streets designated as SCHEDULE A , hereto appended to which reference is made and which SCHEDULE A is specifically incorporated in this section.
Section 5-12. Taxicab Stands
  1. (a) No person shall park a vehicle other than a taxicab upon any street within a business district in any taxicab stand.
  2. (b) No person shall park a taxicab upon any street within a business district at any place other than the taxicab stand or stands designated for the use of his taxicab or taxicabs.
  3. (c) The location of all taxicab stands is in accordance with a schedule of streets designated as SCHEDULE B , hereto appended to which reference is made and which SCHEDULE B is specifically incorporated in this section.
Section 5-13. No stopping, standing or parking near hazardous or congested places

The Traffic Commission is hereby authorized to determine and designate by proper signs, places not exceeding one hundred (100) feet in length in which the stopping, standing or parking of vehicles would create an especially hazardous condition or would cause unusual delay to traffic.

When official signs are erected at hazardous or congested places as authorized herein, a copy of which is placed on file in the office of the Traffic Director, no person shall stop, stand or park a vehicle in any such designated area. (81-3)

Section 5-14. Commercial vehicles may back to curb or edge of roadway

Subject to the provisions of Sections 12 through 17 commercial vehicles may be parked with both rear wheels to the curb or edge of the roadway while loading or unloading materials, provided such parking leaves a clear and unobstructed lane at least ten (10) feet wide for the passage of traffic .

Section 5-15. Residential Handicapped Parking Program - Approval Procedure
  1. (a) The City of Somerville Traffic Commission shall have the authority to approve the installation of Handicapped Permit Parking spaces on various city streets . The approval program will be referred to as the Residential Handicapped Parking Program ("the Program").
  2. (b) The purpose of the Program is to facilitate parking for disabled persons in close proximity to their home. The Traffic Commission undertakes this Program voluntarily and makes no guarantee that it will continue in perpetuity.
  3. (c) The Traffic Commission will consider requests from disabled residents of the City of Somerville to designate a handicapped parking space on their street. If approved, the space will be designated through signage within a reasonable proximity to the applicant's home. However, the applicant will be advised that the space is not for their exclusive use and any person with a handicapped plate or placard may use this space in accordance with applicable laws and regulations governing parking in handicapped spaces.
  4. (d) The approval of the application will be subject to the following limitations and requirements: 1. Proof of valid Massachusetts Driver's License 2. The applicant must have been issued a handicapped plate or handicapped placard by the Commonwealth of Massachusetts Registry of Motor Vehicles or other duly authorized agency acting under the authority of the Commonwealth. 3. The applicant must be the registered owner of the vehicle to be parked in the space. In addition, if the applicant is applying for an HP space with a placard, they must be the individual to whom the placard was issued. The applicant must also demonstrate residency at the location for which handicapped parking is requested. The Traffic Commission may consider applications for members of a disabled person's household, such as the parents of disabled children or children of disabled senior adults. 4. The applicant must complete an application from the City of Somerville and submitted to the Traffic & Parking Department for review and recommendations to the Traffic Commission. (T & P Form 2A, included in Appendix B) 5. The application must include written verification on Traffic & Parking Form 2D (included in Appendix B) from a licensed health care provider that the applicant's disability limits ambulatory movement. The application must also include verification from the applicant or the applicant's landlord (if applicable) regarding the availability of appropriate off-street parking. 6. An engineering study will be performed at the direction of the City Traffic Engineer to evaluate the feasibility of designating a handicapped parking space in accordance with the applicant's request. The review will consider the most appropriate location for the installation, and safety concerns which might arise from the installation, impacts on traffic operations, and the number of existing handicapped parking spaces in the 2000 foot grid as shown on the Official City of Somerville Map. Only after an engineering study determines that the installation can proceed will the Traffic Commission act favorably on an application. 7. The Traffic Commission will not approve the installation of handicapped parking spaces when the number of handicapped parking spaces will exceed two percent (2%) of the available parking inventory in each two thousand square foot grid. 8. The Traffic Commission will consider correspondence and recommendations from the City of Somerville Commission on Disabilities and/or their designee.
  5. (e) The Traffic Commission will not consider an application until a report is received from the City Traffic Engineer and until an application is complete.
  6. (f) Factors which may result in unfavorable action by the Traffic Commission include, but are not limited to: unsafe conditions; existence of adequate off-street parking; false application; inadequate documentation from applicant; unreasonable impacts to neighbors and/or traffic operations. This list of possible factors for disapproval is not intended to limit the Commission's ability to disapprove an application, and reasons for denial may include reasons not listed above.
  7. (g) If any individual applicant fails to meet the above stated criteria, s/he may request a waiver in writing setting forth all of the reasons why s/he believes that a waiver should be granted. The Traffic Commission may request additional information or grant or deny the waiver request. The Traffic Commission shall only grant a waiver when it finds extraordinary circumstances. The Traffic Commission may not grant a waiver when it determines that public safety will be adversely affected.
  8. (h) If the Traffic Commission acts favorably on an application, a new traffic regulation for the designated handicapped parking space will be adopted and advertised in accordance with applicable local and state requirements.
  9. (i) Once the advertising period for a new traffic regulation has passed, the designated handicapped parking space will be installed and enforced by the Department of Traffic and Parking and any other agency having jurisdiction to enforce such regulation.
  10. (j) The Traffic Commission, through the Department of Traffic & Parking, will periodically review the continued need for a designated handicapped parking space. Every two years, the applicant will be required to verify that they continue to reside at the location where the handicapped parking space has been designated. In addition, they will be required to verify that the conditions that led to the Traffic Commission's previous approval of a designated space are still in existence. For applicants with handicapped placards, the applicant must submit a photocopy of a valid placard issued by the Registry of Motor Vehicles. A new health care provider's verification may be required if the condition which led to approval was not a permanent condition. Applicants will be notified by the Department of Traffic & Parking when renewal is required and will be advised as to what documentation must be submitted for renewal.
  11. (k) In the case of renewal applications, if the Department of Traffic & Parking finds that the designated space is still required, then no action is required on the part of the Traffic Commission and the designated space will remain. If the Department of Traffic & Parking determines that a space is no longer required, the City Traffic Engineer will recommend that the Traffic Commission strike the previously adopted traffic regulation which corresponds with the designated handicapped parking space. If the Traffic Commission votes to strike the traffic regulation pertaining to a designated handicapped parking space, the Department of Traffic & Parking will remove the traffic control devices designating the space as soon as the advertising period has elapsed.
  12. (l) In the event of the applicant's death, or if the applicant relocates from the residence where the designated handicapped parking space has been provided, the traffic regulation will automatically expire. In such a case, the Department of Traffic & Parking will remove the traffic control devices designating the parking space as soon as they are notified of the change in status.
  13. (m) The Traffic and Parking Director, with consultation of the ADA Coordinator and the Traffic and Parking Engineer, has been designated with the authority to make reasonable modifications to the residential handicapped parking program under the Americans with Disabilities Act
Section 5-16. Parking for Handicapped Persons in Parking Lots
  1. (a) Any person that has lawful control of a public or private way or of improved or enclosed property used as off-street parking areas for businesses, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, residential dwellings, or for any other place where the public has a right of access as invitees or licensees, shall reserve parking spaces in said off-street parking areas for any vehicle owned and operated by a disabled veteran or handicapped person whose vehicle bears the distinguishing license plate authorized by Chapter 90, § 2 of the General Laws, according to the following formula:
  2. (b) If the number of parking spaces in any such area is more than fifteen but not more than twenty-five, one parking space; more than twenty-five but not more than forty, five percent of such spaces but not less than two; more than forty but not more than one hundred, four per cent of such spaces but not less than three; more than one hundred but not more than two hundred, three per cent of such spaces but not less than four; more than two hundred but not more than five hundred, two per cent of such spaces but not less than six; more than five hundred but not more than one thousand, one and one-half per cent of such spaces but not less than ten; more than one thousand but not more than two thousand, one per cent of such spaces but not less than fifteen; more than two thousand but less than five thousand, three-fourths of one per cent of such spaces but not less than twenty; and more than five thousand, one-half of one percent of such spaces but not less than thirty.
  3. (c) Parking spaces designated as reserved under the provisions of paragraph (a) shall be identified by the use of above grade signs with white lettering against a blue background and shall bear the words "Handicapped Parking: Special Plate Required. Unauthorized Vehicles May be Removed at Owner's Expense"; shall be as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person; and shall be twelve feet wide or two eight-foot wide areas with four feet of cross hatch between them.
  4. (d) The leaving of unauthorized vehicles within parking spaces designated for use by disabled veterans or handicapped persons as authorized by paragraph (a) or in such a manner as to obstruct a curb ramp designed for use by handicapped persons as a means of egress to a street or public way is hereby prohibited.
  5. (e) Section C of this regulation may be enforceable by the City of Somerville under the Provisions of Chapter 90, § 20A½ of the General Laws.
  6. (f) The person who has lawful control of such way or property is authorized to tow or otherwise remove vehicles parked in violation of this regulation consistent with Chapter 90 § 20D of the General Laws.
Section 5-17. Parking and standing of authorized emergency vehicles.

The provisions of these rules and regulations governing the parking and standing of vehicles shall not apply to authorized emergency vehicles , as herein defined, while the same are being used in the performance of a public duty.

ARTICLE VI. ONE WAY STREETS

Section 6-1. One-way streets

The streets or portions thereof designated in SCHEDULE I hereto appended and specifically incorporated in this section are declared to be one-way streets and all vehicular traffic shall move on those streets or portions thereof in the directions designated in said SCHEDULE I .

Section 6-2. Rotary Traffic

Within the area set forth below vehicular traffic shall move only in a rotary counter-clockwise direction except when otherwise directed by an officer .

Section 6-3. Do not enter regulations

No person operating a vehicle shall enter the streets listed in SCHEDULE K to proceed in the indicated direction from the indicated intersecting streets at the indicated times. Official traffic signs shall be erected and maintained on the streets where entry is restricted facing the traffic which would enter in the restricted direction.

This Section applies to the streets listed in SCHEDULE K , hereto appended to which reference is made and which SCHEDULE K is specifically incorporated in this section.

ARTICLE VII. OPERATION OF VEHICLES (CHAPTER 89 OF THE GENERAL LAWS GOVERNS)

Section 7-1. Overtake Only When There is a Space Ahead

The driver of a vehicle shall not overtake and pass a vehicle proceeding in the same direction unless there is sufficient clear space ahead on the right side of the roadway except that on a one-way street drivers shall not be restricted to the use of the right half of the roadway, but may have access to the entire width thereof, to permit the overtaking to be completed without impeding the safe operation of any vehicle ahead.

Section 7-2. Driver to Give Way to Overtaking Vehicle

The driver of a vehicle when about to be overtaken and passed by another vehicle approaching from the rear shall give way to the right in favor of the overtaking vehicle on suitable and visible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.

Section 7-3. Obstructing Traffic
  1. (a) No person shall drive in such a manner as to obstruct unnecessarily the normal movement of traffic on any street or highway. Officers are hereby authorized to require any driver who fails to comply with this section to drive to the side of the roadway and wait until such traffic as has been delayed has passed.
  2. (b) No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk and on the right half of the roadway to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians notwithstanding any traffic control signal indication to proceed, except that on a one-way street drivers shall not be restricted to the use of the right half of the roadway, but may have access to the entire width thereof, beyond the intersection or crosswalk, if such is available.
  3. (c) No operator shall exchange the streetcar, trackless trolley or motor coach under his charge with any other operator while upon any public street, except when said streetcar, trackless trolley or motor coach is disabled, or when some emergency arises over which the operator of said street car, trackless trolley or motor coach has no control.
Section 7-4. Drive within marked lanes

When any roadway has been divided into lanes , a driver of a vehicle shall drive so as to be entirely within a single lane and shall not move from the land in which he is driving until he has first ascertained if such movement can be made with safety.

Section 7-5. Drive on right side of street

Except on one-way streets , or where signs have been erected to the contrary, or when overtaking and passing another vehicle , the driver of a vehicle shall drive the same on the right half of the roadway and shall drive a slow-moving vehicle as closely as possible to the right-hand edge or curb of the roadway unless it is impracticable to travel on such side of street.

Section 7-6. Overtaking other vehicles

A driver of a vehicle shall not overtake and pass any other vehicle proceeding in the same direction at any intersection of streets , except that this provision shall not apply at intersections where traffic is controlled by official traffic control signals or by police officers .

Section 7-7. Following Too Closely

The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicle and the traffic upon and condition of the street or highway.

Section 7-8. Clinging to Moving Vehicles

It shall be unlawful for any person traveling upon a bicycle, motorcycle, coaster, sled, roller skates, or any toy vehicle to cling to, or attach himself or his vehicle to any moving vehicle or streetcar upon any roadway .

Section 7-9. Care in starting, stopping, turning, or backing

The driver of any vehicle before starting, stopping, turning from a direct line or backing shall first see that such movement can be made with safety. If such movement cannot be made in safety or if it interferes unduly with the normal movement of other traffic , said driver shall wait for a more favorable opportunity to make such movement.

If the operation of another vehicle should be affected by a stopping or turning movement, the driver of such other vehicle shall be given a plainly visible signal as required by state law.

Section 7-10. Prohibited Turning Movements

Drivers shall not make turns on the streets listed in SCHEDULE M , hereto appended to which reference is made and which SCHEDULE M is specifically incorporated in this section.

Section 7-11. Mandatory Turning Movements

Drivers shall proceed only by making a turn at the locations listed in SCHEDULE N , hereto appended to which reference is made and which SCHEDULE N is specifically incorporated in this section.

Section 7-12. U-Turns Prohibited

No operator shall back or turn a vehicle so as to proceed in the direction opposite to that in which said vehicle is headed or traveling on the streets listed in SCHEDULE L , hereto appended to which reference is made and which SCHEDULE L is specifically incorporated in this section.

Section 7-13. Backing around corners or into intersections prohibited

No driver of any vehicle shall back such vehicle around a corner at an intersection , or into an intersection of streets .

Section 7-14. Dangerous Vehicles

No person shall operate any vehicle in such condition or so constructed or so loaded as to be likely to cause delay in traffic , or accident or injury to persons or property.

Section 7-15. Persons propelling pushcarts or riding bicycles or animals to obey traffic regulations

Every person propelling any pushcart or riding a bicycle or an animal on a public street shall be subject to the provisions of these regulations applicable to the driver of any vehicle .

Section 7-16. Emerging from a private driveway

The operator of a vehicle emerging from an alley, driveway or a garage shall stop such vehicle immediately prior to driving on to a sidewalk or on to the sidewalk area extending across any alleyway or driveway before proceeding.

Section 7-17. Unlawful Riding

It shall be unlawful for any reason to ride on any portion of a vehicle not designated or intended for the use of passengers when the vehicle is in motion. This provision shall not apply to any employee engaged in the necessary discharge of a duty or within truck bodies in space intended for merchandise.

It shall be unlawful for any person to stand in the roadway for the purpose of soliciting a ride from the operator of any motor vehicle.

Section 7-18. Obedience to traffic control signals

Colors and arrow indications in traffic control signals shall have the commands ascribed to them in this section, and no other meanings, and every driver of a vehicle , railway car or other conveyance shall comply therewith except when otherwise directed by an officer or by a lawful traffic regulating sign other than a "stop" sign, signal, or device or except as provided in (the section dealing with funerals in Section 7).

In no case shall a driver enter or proceed through an intersection without due regard for the safety of other persons within the intersection, regardless of what indications may be given by traffic control signals.

  1. (a) Green indications shall have the following meanings: 1. Drivers facing a CIRCULAR GREEN signal may proceed through or turn right or left unless a sign at such place prohibits either such turn. But drivers turning right or left shall yield the right of way other vehicles, and to pedestrians lawfully within the intersection or an adjacent crosswalk , at the time such signal was exhibited. 2. Drivers facing a GREEN ARROW, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movements as is permitted by other indications shown at the same time. Such drivers shall yield the right of way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.
  2. (b) Steady yellow indications shall have the following meanings: 1. Drivers facing a steady CIRCULAR YELLOW or YELLOW ARROW signal are thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when drivers shall not enter the intersection.
  3. (c) Steady red indications shall have the following meanings: 1. Drivers, facing a steady CIRCULAR RED signal and NO TURN ON RED SIGN shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication to proceed is shown except as provided in (b) below. 2. When no sign is in place prohibiting a right turn, or a left turn from a one way street to another one way street, drivers facing a steady CIRCULAR RED signal may cautiously enter the intersection to make the right turn, or left turn from a one way street to another one way street, after stopping as provided in (a) above. Such drivers shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection. Right hand turns on red are prohibited at the locations listed in SCHEDULE J , hereto appended to which reference is made and which SCHEDULE J is specifically incorporated in this section. 3. Drivers, facing a steady RED ARROW indication may not enter the intersection to make the movement indicated by such arrow, and unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then before entering the intersection and shall remain standing until an indication to make the movement indicated by such arrow is shown.
  4. (d) WALK and DON'T WALK indications (and/or the corresponding international symbols) have the following meaning: 1. While the steady WALK indication is illuminated, pedestrians may enter a crosswalk controlled by such indication. Drivers shall yield the right-of-way to any pedestrian crossing when this indication is displayed. While the Flashing DON'T WALK indication is illuminated, pedestrians shall not leave the curb and enter the crosswalk, however, any pedestrian already in the crosswalk at the time that this indication is displayed may continue to cross to the opposing curb. While the steady DON'T WALK indication is illuminated, it shall be unlawful for a pedestrian to enter an intersection controlled by such indication. The enforcement and penalty for violating this provision shall be as specified in Chapter 89, § 8 of the General Laws.
  5. (e) Flashing signal indications shall have the following meanings: 1. Flashing red (stop signal)—When a read lens is illuminated with rapid intermittent flashes, drivers of vehicles shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or if none, then at the point nearest the intersecting roadway where the drivers has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the provisions of Chapter 89, § 8 of the General Laws. 2. Flashing Yellow (caution signal)—When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or pass such signal only with caution.
Section 7-19. Stop Signs, Yield Signs, Through Ways
  1. (a) For Stop Signs. In accordance with the provisions of Chapter 89, § 9 of the General Laws, the streets listed in SCHEDULE O of these rules and orders are hereby declared to constitute stop streets or flashing red signal intersections as the case may be, and said SCHEDULE O is hereto appended to which reference is made and which SCHEDULE O is specifically incorporated in this section.
  2. (b) For Through Ways. In accordance with the provisions of Chapter 89, § 9 of the General Laws, the following way is hereby designated as a through way: Broadway, from Charlestown-Somerville Line to easterly side of Monsignor McGrath Highway and from westerly side of said Monsignor McGrath Highway to the Arlington-Somerville Line.
  3. (c) For Yield Signs. In accordance with the provisions of Chapter 89, § 9 of the General Laws, the following way is hereby designated as a yield at the intersection indicated: Northbound drivers on Cutter Avenue turning west at Highland Avenue.

(74-23, 74-24, 74-26)

Section 7-20. No Driving on Sidewalks

The driver of a vehicle shall not drive upon any sidewalk except at a permanent or temporary driveway.

Section 7-21. No Driving Through Safety Zones

It shall be unlawful for the driver of a vehicle , except on signal from a police officer to drive the same over or through a safety zone .

Section 7-22. Keep to the Right of Roadway Division

Upon such roadways as are divided by a parkway, grass plot, reservation, viaduct, subway or by any structure or area, drivers shall keep to the right of such a division except when otherwise directed by an officer , signs, signals, or markings.

Section 7-23. Operation of Under- or Overpasses at Intersection with Islands

At any junction or crossing of ways where the roadway grades have been separated and where the ways are connected by ramps and at any intersection of ways in which there are traffic islands , drivers of vehicles shall proceed only as indicated by official signs, signals or markings.

Section 7-24. Driving on Road Surfaces Under Construction or Repair

No operator shall enter upon a road surface of any street or highway or section thereof, when, by reason of construction, surface treatment, maintenance or the like, or because of some unprotected hazard, such road surface of the street or highway is not to be used or when so advised by an officer , watchman, member of a street or highway crew or employees of the city, either audibly or by signals.

Section 7-25. Funerals to be Properly Identified

A funeral composed entirely or partly of a procession of vehicles shall be identified as such by means of black pennants bearing a purple symbol attached to both the first and last vehicles or other suitable means.

Section 7-26. Right and Duties of Drivers in Funerals and Other Processions
  1. (a) It shall be the duty of each driver in a funeral or other procession to keep as near to the right edge of the roadway as is feasible and to follow the vehicle ahead as closely as practicable and safe.
  2. (b) At an intersection where a traffic control signal is operating the driver of the first vehicle in a funeral or other procession shall be the only one required to stop for a red and/or yellow indication.
  3. (c) At an intersection where a lawful Stop sign exists, the driver of the first vehicle in a funeral or other procession shall be the only one required to stop before proceeding through the intersection.
Section 7-27. Operation of Heavy Commercial Vehicles
  1. (a) The use and operation of heavy commercial vehicles having a carrying capacity of more than 2½ tons, are hereby restricted on the streets listed in SCHEDULE P , and in the manner outlined and during the period of time set forth.
  2. (b) No person shall park or stand a trailer or semi-trailer as defined in G.L. ch. 90 sec. 1, or a so called dolly device which is used to move a tandem semi-trailer, on any public way, unless such trailer or semi-trailer or dolly device is properly attached to a motor vehicle which can lawfully move said trailer, semi-trailer, or dolly device.
  3. (c) The standing or parking of any commercial vehicle (2 axles or less) and the standing or parking of any heavy commercial vehicle (3 axles or more) between the hours of 12:00 AM and 6:00 AM on any day on any part of any street, way, highway, road or parkway under the control of the city is prohibited. Except that a special permit may be issued to School Van vehicles that are registered in Somerville with Massachusetts Pupil license plates and operated by Somerville residents provided there is no off street parking available. There is a limit of 1 exemption permit issued per household. Applications to apply for this exemption permit are available at the Traffic and Parking Office. Permits will be issued upon verification and approval of the application. Non-Commercial permits will be issued to vehicles that are registered in Somerville and carry a personal use only insurance policy and that have no business lettering or logo. To obtain this permit, a resident must present their current valid Massachusetts registration showing their Somerville address, a current utility bill or apartment lease, the coverage selection page from their insurance policy showing that the vehicle is insured for personal use only, and they must bring their vehicle to the office for verification that it bears no business lettering or logo. Zip Cars are exempt from this regulation. (81-13), (86-3), (88-1)
  4. (d) No person shall drive or park any vehicle designated or used primarily for the purposes of advertising on any street in Somerville without a license from the Board of Aldermen.
  5. (e) Exemptions—Parts a—d of this Section shall not apply to heavy commercial vehicles going to or coming from places upon said streets for the purpose of making deliveries of goods, materials or merchandise to or similar collections from abutting land or buildings or adjoining streets or ways to which access cannot otherwise be gained; or to vehicles used in connection with the construction, maintenance, and repair of said streets or public utilities therein; or to Federal, State, Municipal or public service corporation owned vehicles.

ARTICLE VIII. TEMPORARY TRAFFIC CONTROL

Section 8-1. Authority

The Traffic Commission delegates to the Traffic Director (or his/her designee) sole authority to regulate, approve, and direct the implementation of traffic control devices for work zones and events on ways under the control of the Somerville Traffic Commission. All work zones and temporary traffic control devices shall be established and maintained in accordance with 23 CFR Parts 630 and 655— the Manual on Uniform Traffic Control Devices (MUTCD), most recent edition; and Chapter 85 of the General Laws, including any and all amendments or errata issued by duly empowered officials; Title 454 CMR c. 10; and DTE Regulation 98.22.

Section 8-2. Definitions

The following definitions of common terms apply to this Article.

Event —Any activity approved by the City to be conducted within a public way, including block parties, charity events, road races, parades, and other activities not related to construction activities.

Proponent —Any individual, agent, or entity that requires authorization to occupy all or portions of a public way on a temporary basis for the purpose of construction or for an event.

Temporary Parking Restrictions —Parking restrictions intended to be in effect for less than five working days that are required to perform emergency or scheduled work in a public way.

Traffic Control Plans —Any combination of engineered plans, typical drawings, specifications, and/or contract documents meeting the approval of the Traffic Director and used for the purpose of implementing temporary traffic control requirements related to workzones and events as defined in this regulation.

Workzone —Any workspace established on a public way by an entity performing construction or related activities. The term workzone shall apply to those workspaces that are either legally or illegally conducted by all parties.

Workzone Traffic Inspector —Any individual designated by the Traffic Director to inspect workzones for adherence to approved traffic management plans. The qualifications to be designated a Workzone Traffic Inspector include employment by the City and certification as a Work Zone Safety Specialist by the International Municipal Signal Association.

Section 8-3. Travel Lane and Sidewalk Closures More than Eight Hours
  1. (a) Scope —Any proponent who requires authorization to close an entire street for any length of time, or a travel lane or a sidewalk for more than eight hours, on a public way on a temporary basis for the purpose of construction or for an event shall obtain the express approval of the Traffic Director. For roadway closures requiring Board of Aldermen approval, the signature of the traffic director (or designee) on the Board of Aldermen's "Public Property Occupancy Permit Application", as may be conditioned, shall suffice to satisfy this requirement. For work under this section arising under the authority of a street opening permit issued by the City of Somerville Department of Public Works, the work shall be approved by the Traffic Director prior to implementation in accordance with the terms prescribed on the back of the permit. All other work arising under this section shall be performed with the express approval of the Traffic Director as further described in this Article. Such approval shall only constitute an endorsement of the proponent's proposed traffic management plan and is not intended to replace the approval of other duly authorized bodies of the City, including the Board of Aldermen and the Department of Public Works.
  2. (b) Procedure —The following procedure is required for proponents seeking approval of their workzones arising under this section. The Traffic Director may waive all or part of this requirement. 1. For work lasting less than two days, the Traffic Director shall be notified and the proponent shall utilize typical traffic management details unless a road closure is required. 2. Except in the case of emergencies, each proponent requiring the occupation of a travel lane (for more than two days) or the complete closure of a street, shall file a proposed traffic management plan required under this section with the Traffic & Parking Department as soon as practical prior to the date of the proposed construction. 3. Once a traffic management plan has been implemented, it shall be the proponent's responsibility that the workzone or event area is maintained in accordance with the approved plan. Failure to maintain the plan as approved or in an unsafe manner shall result in the termination of approval to operate the plan. 4. Each proponent shall secure the services of Police Details as specified in the plan, if required. The Chief of Police (or his/her designee) shall direct the police details in a manner consistent with the approved traffic management plans and Article 2 of these Regulations. 5. Where conflicts arise between these regulations and DTE Regulation 98.22, the DTE regulations will govern.
Section 8-4. Routine Work Not Arising Under Section 8-3

Where work is proposed which will not require the expressed approval of the Traffic Director as described in Section 8-3 , typical traffic management plans issued by the Traffic & Parking Department shall govern the operation of workzones . The Traffic Management Plans will be made available at the Traffic & Parking Department, the Department of Public Works, and the Police Department. For street opening permits issued by the Department of Public Works, operation of the typical traffic management plans will serve to satisfy the terms prescribed on the back of the permit unless otherwise included in Section 8-3 .

Section 8-5. Emergency Work

Emergencies arising under this section shall be reported to the Traffic Director as soon as possible after the emergency is declared.

  1. (a) During emergencies requiring a response on the part of a utility regulated by the Commonwealth of Massachusetts Department of Telecommunications and Energy (DTE), pre-approved traffic management plans may be used in lieu of proposed traffic management plans. The authorized representative of affected utilities shall have the authority to declare such emergencies as required.
  2. (b) Under emergency conditions, representatives of the City of Somerville Departments of Public Works, Traffic & Parking , Police and Fire shall establish workzones consistent with typical traffic management plans provided by the Traffic & Parking Department to the extent possible under the circumstances
Section 8-6. Technical Requirements

All workzones shall be designed to comply with the standards prescribed by 23 CFR Part 655 as specified in the Manual on Uniform Traffic Control Devices (MUTCD) , most recent edition, including all errata and amendments issued by the United States Department of Transportation, Federal Highway Administration, and the Commonwealth of Massachusetts Highway Department. The following additional requirements apply.

  1. (a) Traffic Management Plans submitted for the approval of a workzone arising under Section 8-3 must be stamped by a Professional Engineer registered in Traffic Engineering by the Commonwealth of Massachusetts, or a registered Civil Engineer with certification by the Institute of Transportation Engineers as a Professional Traffic Operations Engineer. The Traffic Director may waive all or part of this requirement depending on the complexity of the proposed workzone.
  2. (b) All signs and pavement markings used in conjunction with workzones must comply with the MUTCD. Specific attention is directed to the requirements set forth in Part 6 of this document. No waivers of this requirement are authorized.
  3. (c) The Traffic Director, the City Traffic Engineer, or other authorized designee must approve all temporary parking restrictions . Requests for temporary parking restrictions will be evaluated by the Department of Traffic & Parking based on their potential impact to commerce, traffic flow, and public safety. The Traffic Director shall have the authority to approve a request as submitted, alter the request and approve it, or deny the request outright. Temporary parking restrictions shall have the full force of law.
  4. (d) Temporary parking restrictions in areas where parking meters are not in effect shall be implemented through the posting of signs provided by the Traffic & Parking Department. Such parking restrictions shall only be valid if they specify the dates and times the restrictions are in effect and are posted 48 hours in advance of the desired restrictions. The signs must be affixed to a public appurtenance such as a street sign or meter post, or a sawhorse or traffic barrel provided by the City or the proponent . The signs must be maintained in a completely legible fashion and must be free of debris, dirt or obstruction.
  5. (e) Temporary parking restrictions at parking meters shall be implemented through the "bagging" of meters by Traffic & Parking staff. The bagging will be performed no earlier than one hour before the desired restrictions are to take effect. Requests must be received no later than 48 hours in advance of the requested bagging.
  6. (f) A charge commensurate with the cost incurred by the City must be paid to the Department of Traffic & Parking for meter bagging and the provision of temporary parking restriction signs.
  7. (g) Where appropriate, the Traffic & Parking Department may provide a proponent with "typical" traffic management plans to facilitate simple requests. The typical plans do not relieve the proponent from exercising good judgment in implementing the plan and applying the plan to specific situations. In these cases, the proponent may be required to sign an acknowledgement that they understand the use of the typical traffic management plan and can apply it to their situation.
  8. (h) The design and operation of workzones under the provisions of this Article shall be the responsibility of the proponent.
Section 8-7. Enforcement

The proponent for any workzone which is not operated in accordance with approved traffic management plan will be informed as soon as possible that the approval of the Traffic Director has been revoked and that all work in the public way must cease and desist immediately. Spot corrections ordered by the Traffic Director (or designee) shall be immediately implemented. Such action may be taken by the Traffic Director, the City Traffic Engineer, a Work Zone Traffic Inspector from the Traffic & Parking Department, Chief of Police (or his/her designee), or the Commissioner of Public Works (or his/her designee). The Traffic Director may authorize the work to recommence after the proponent demonstrates compliance with the requirements set forth in the approved traffic management plan.

ARTICLE IX. ACCIDENT REPORTS

Section 9-1. Drivers Must Report Accidents

Every person operating a motor vehicle which is in any manner involved in an accident in which any person is killed or injured or, in which there is damage in excess of one thousand dollars ($1,000.00) to any one vehicle or other property, shall report such accident within five (5) days to the Registrar and to the Police Department in accordance with the provisions of Chapter 90, Section 26, of the General Laws.

ARTICLE X. TOWING AND TOWING ZONES

Section 10-1. In general

In accordance with the provisions of Chapter 40, § 22D of the General Laws of Massachusetts, as most recently added by Chapter 322 of the Acts of 1961, the Traffic Commission of the City of Somerville hereby enacts the following regulations authorizing the removal to a convenient place of vehicles parked or standing in any manner, or in such areas as are hereinafter described on any way under the control of the City of Somerville. Vehicles specifically exempt by Chapter 40, § 22D shall not however be subject to such removal.

Section 10-2. Authorization of police

The moving or towing of any vehicle under the provisions of this Article shall be at the direction of the Chief of Police or such other officers of the rank of Sergeant or higher in the Police Department as he may from time to time designate.

(1969-12)

Section 10-3. Fees

The Traffic Commission hereby imposes upon the owner of any vehicle moved or towed to a convenient place, under the provisions of this Article, the following fees:

  1. (a) Removal or Towing Fee: not to exceed that which is provided in or as authorized by Statute Law.
  2. (b) Storage Fees: not to exceed that which is provided in or as authorized by State Law.
Section 10-4. Liability for Damage During Removal or Storage

The contractor shall be liable to the owner for any damage arising out of negligence caused to a vehicle in the course of removal or storage.

Section 10-5. General prohibition towing zones

No person shall stand or park or allow, permit or suffer any vehicle registered in his name to stand or park in any of the following places or in any way in violation of the provisions of section 5-1 (a) through (r). Vehicles found in violation of the provisions of this Section or section 5-1 except those specifically exempt by law, shall be removed to a convenient place under the direction of an officer of the Police Department and the owner of the vehicle so removed or towed away shall be liable to the cost of such removal and storage, if any, as set forth in Section 10-3 of this Article. The owner of any vehicle removed or towed away under the provisions of this Section shall also be subject to the penalties provided as authorized by Chapter 90, § 20A½ of the General Laws.

  1. (a) Upon any way in such a manner as to impede the removal or plowing of snow or ice except vehicles parked in accordance with approved regulations governing all night parking .
  2. (b) Upon any sidewalk .
  3. (c) Upon or within 20 feet of any crosswalk .
  4. (d) Upon any way within twenty feet of an intersecting way except alleys.
  5. (e) Upon any way within ten feet of a fire hydrant.
  6. (f) On the roadway side of any vehicle stopped or parked at the edge or the curb of the way.
  7. (g) In front or within two (2) feet of a public or private driveway.
  8. (h) Upon any way where the parking of a vehicle will not leave a clear and unobstructed lane at least twelve feet wide for passing traffic .
  9. (i) Upon any way for a period of time exceeding twenty-four consecutive hours, whether the vehicle is disabled or not and preparations are being made by the owner or operator for its removal.
  10. (j) Upon the roadway where parking is permitted unless both wheels on the side of the vehicle adjacent to the curb are within one (1) foot of the curb or edge of the roadway and headed in the direction of traffic except where angle parking is permitted or commercial vehicles are backed to the curb.
  11. (k) At a Bus Stop which is so designated by official traffic signs and official street markings .
  12. (l) Upon any street or part thereof on the days and during the hours indicated, where signs have been erected by order of the Superintendent of Highways for the purpose of facilitating the cleaning of streets.
  13. (m) Occupying or obstructing any parking spaces designated as reserved for vehicles owned and operated by disabled veterans or handicapped persons; any violation of this regulation shall be punished by a fine of $200.00.
  14. (n) In such a manner as to obstruct a curb ramp designed for use by handicapped persons as a means of egress to a street or public way; any violation of this regulation shall be punished by a fine of $200.00.
  15. (o) Loading zones which are properly designated by official traffic signs which state "Tow Zone".
  16. (p) On or adjacent to a safety island, median island or safety zone .
  17. (q) Along side or opposite any street excavation or obstruction when parking obstructs traffic.
  18. (r) On any railroad tracks.
  19. (s) Upon any bridge or other elevated structure or within a highway tunnel.
  20. (t) Upon or within an alley or private way in such a manner or under such conditions as to leave available less than ten (10) feet of the width of the roadway for the free movement of vehicular traffic, or in such position as to block the driveway entrance to any abutting property.
  21. (u) Hazardous or congested locations which are properly designated by official traffic signs which state "No Stopping Tow Zone".
  22. (v) These locations are listed in SCHEDULE R , hereto appended to which reference is made and which SCHEDULE R is specifically incorporated in this section.
  23. (w) Occupying or obstructing any parking space without a Business Permit within a parking lot designated as "Business Permit Parking" and designated by official traffic signs which state "Tow Zone Business Permit Parking."
  24. (x) Upon any Bicycle Lane
Section 10-6. Posted Prohibition Towing Zones—General

No person shall stand or park or allow, permit or suffer any vehicle registered in his name to stand or park on any of the ways or parts of ways hereinafter described and listed as "Tow Zone" in SCHEDULE C and during the periods of time set forth. Vehicles found in violation of the provisions of this Section except those specifically exempted by law shall be removed to a convenient place under the direction of an officer of the Police Department and the owner of the vehicle so removed, or towed away, shall be liable to the cost of such removal and storage, if any, as set forth in Section 10-3 of this Article. The owner of any vehicle removed or towed away under the provisions of this Section shall also be subject to the penalties provided in Chapter 90, § 20A½ of the General Laws.

Section 10-7. Official Traffic Signs

The provisions of Section 10-6 shall be effective only during such time as a sufficient number of official traffic signs bearing the legend TOW-AWAY ZONE are installed, erected, maintained and located so as to be visible to approaching drivers, said signs to be appended above or incorporated into the legend of Parking Prohibition Signs.

Section 10-8. Police to keep record of towed vehicles

The Police Department shall keep a record of all vehicles towed or removed under the provisions of this Article. Such record shall be retained for one (1) year and shall contain the following information:

  1. (a) The registration of the vehicle.
  2. (b) The location from which it was towed, and the time and date of the tow order.
  3. (c) The location to which it was towed.
  4. (d) The fee charged for towing.
  5. (e) The name of the towing contractor.
  6. (f) Name and rank of the officer who authorized the towing.

(1969-12)

Section 10-9. Vehicles Exempted
  1. (a) Those owned by the Commonwealth or a political subdivision of the Commonwealth.
  2. (b) Those owned by the United States Government.
  3. (c) Those registered to a member of a foreign diplomatic corps or by a foreign consular officer who is not a citizen of the United States provided that the vehicle bears a conspicuous number plate or is otherwise conspicuously marked as so owned or registered.

(1969-12)

Section 10-10. Snow emergency tow zone

Further subject to being towed or removed and other penalties, as set forth in Section 10-5 of this ARTICLE X , shall be any vehicle upon any way in violation of the following:

If it is the judgment of the Commissioner of Public Works of this city, or in the absence by reason of illness the inability to act of said Commissioner, then of the Superintendent of the Division of Highways of the city, that threatening or existing weather conditions may impair the free flow of vehicular traffic or that parked or standing vehicles may impede the removal or plowing of snow and ice, then the said Commissioner or Superintendent, if properly acting in his stead, may declare a state of emergency to be effective at the time designated by him and to be in effect for such time as in his judgment is necessary.

Whenever such an emergency is declared by the said Commissioner or said Superintendent and he shall have caused announcement thereof by the use of then available news and/or other mass communication media, then during the existence of such emergency no motor vehicle shall be allowed to park or stand within the limits of any of the ways and parts thereof named in this Section 10-10.

A Certificate by the said Commissioner or said Superintendent stating the effective time and termination time of any such declared state of emergency, and that he caused announcement thereof by the use of available news and/or other communication media, and filed with the City Clerk shall be prima facie evidence of said facts in any prosecution or towing liability to owners of vehicles parked in violation of this Section 10-10.

This Section 10-10 shall not apply to commercial vehicles stopped temporarily during the actual loading or unloading of materials.

This Section 10-10 shall apply to:

  1. (a) All streets under the control of the City and shall prohibit parking on the even numbered address side of all streets in a winter season that begins in an odd numbered year and on the odd numbered address side of all streets in a winter season that begins in an even numbered year, except in the event where parking is already prohibited on a certain side of the street at all times in which case parking will only be allowed on that side and remain unchanged.
  2. (b) All areas designated "No Parking, No Standing, or No Stopping" with official signs erected and maintained by the City.

The declaration of a state of emergency as provided by this Section 10-10 shall suspend and supersede the provisions of Section 10-5 of this ARTICLE X on the Snow Emergency Arteries as established to the extent that all night parking is exempted, while such state of emergency is in force and effect.

While any such state of emergency is in effect, all other Regulations, rules and regulations governing the parking or standing of motor vehicles on the ways which are in conflict with this Section shall, during said state of emergency, be deemed suspended to the extent only that they permit parking or standing which would be in violation of this Section.

All other sections of this ARTICLE X relating to the towing or removal of vehicles shall be applicable to vehicles towed or removed under this Section. (1969-12)

Upon formal request and approval of the Traffic Commission, streets that have parking on both sides of the street for the duration of the snow plow route, parking will only be allowed on the side of the street with houses during snow emergencies in both park-even and park-odd seasons. These streets will be listed in SCHEDULE T of the Traffic Commission Rules and Regulations.

ARTICLE XI. PENALTIES AND REPEALS

Section 11-1. Owner prima facie responsible for violations

If any vehicle is found upon any street or highway in violation of any provisions of these rules and regulations and the identity of the driver cannot be determined, the owner or the person in whose name such vehicle is registered, shall be held prima facie responsible for such violations.

Section 11-2. Penalties

Any person violating any provisions of any rule, regulation or order regulating the parking of motor vehicles made by anybody authorized to make the same shall be dealt with as provided in General Laws, Chapter 90, § 20A½ or any Acts in amendment thereof, or in addition thereto, and any person violating any of the rules and regulations applicable to State Highways made by the Massachusetts Highway Department, Commonwealth of Massachusetts, under authority of Chapter 85, § 2 of the General Laws, and Acts in amendment thereof, and in addition thereto, shall be subject to the penalty provided in said rules and regulations.

Violations of the Parking provisions of this regulation shall be subject to the following schedule of fines:

Violation Fine
Over 48 Hours $50.00
Taxi Stand $50.00
Meter Violation $30.00
Restricted Zone $50.00
High School Concourse $50.00
Commercial Overnight $50.00
Wrong Direction $50.00
Overtime Parking $50.00
On Sidewalk $50.00
Bus Stop $100.00
Loading Zone $50.00
Obstructing Driveway $100.00
Over 1 ft. from Curb $50.00
Construction Zone (Posted) $50.00
At Traffic Island / Safety Zone $50.00
Leaving less than 10 ft. Passage $50.00
Obstructing Street Sweeping $50.00
No Stopping Zone $50.00
Permit Parking $50.00
Obstructing Posted Fire Lane $100.00
Within 20 ft. of Intersection $50.00
On Crosswalk $50.00
Obstructing Handicap Ramp $200.00
Double Parked $50.00
Within 10 ft. of Hydrant $100.00
Handicapped Parking $200.00
Unattached Trailer/Semi Trailer $50.00
Non-Compliance Moving Van Permit $50.00
Non-Compliance Moving Container/Portable On Demand Storage (POD) Permit $50.00
Invalid or Expired Registration Plate $50.00
Invalid or Expired Inspection Sticker $50.00
Obstructing Bicycle Lane $50.00
Declared Snow Emergency:
Tow Zone/Obstructing Snow Plow $100.00
Within 10 ft. of Hydrant/Designated Fire Lane $100.00
Within 20 ft. of an Intersection $100.00
Section 11-3. Late payment penalties

If any parking citation remains unpaid for over twenty-one days and the registered owner of the vehicle has not requested in writing for a hearing before the Parking Clerk, a five-dollar additional penalty as provided for in Chapter 90, § 20A½ shall be added to penalties established in § 54.

If the Parking Clerk notifies the registered owner of a vehicle by First Class Mail of the registered owner's failure to pay a parking citation within twenty-one days, the owner shall have thirty days to make full payment with a five-dollar late penalty or twenty-one days to request in writing a hearing before the Parking Clerk. If any citation remains unpaid as provided herein, a fifteen-dollar additional penalty shall be added to penalties established in Section 54. An additional penalty of $40.00 will be added when the Parking Clerk reports non-payment to the Registrar of Motor Vehicles for non-renewal of the driver license and vehicle registration as provided for in Chapter 90, § 20A½ of the General Laws.

(82-9)

Section 11-4. Repeal

These rules are adopted with the intent that each of them shall have force and effect separately and independently of every other except insofar as by express reference or necessary implication any rule or any part of a rule is made dependent upon another rule or part thereof.

All official signs, lights, markings, signal systems or devices erected or installed under prior rules or regulations and necessary to the enforcement of these regulations shall be deemed to have been lawfully erected or installed hereunder provided the same were erected or installed with the permission and approval of the Highway Department of the Commonwealth of Massachusetts and insofar as the same are necessary as aforesaid for the enforcement of these regulations they shall be deemed continuing hereunder but in all other respects all prior rules, orders and regulations made by the City of Somerville for the regulation of vehicles are hereby expressly repealed. This repeal, however, shall not affect any punishment or penalty imposed or any complaint or prosecution pending at the time of the passage hereof for any offense committed under said prior rules, order or regulations hereby repealed, nor shall said repeal be effective unless and until these rules and regulations have been approved and published as required by law.

Section 11-5. Effect of Regulations

If any section, subsection, sentence, clause or phrase of these rules and order is for any reason unconstitutional, such decisions shall not affect the validity of the remaining portion of these rules and orders. The City of Somerville hereby declares that it would have passed these regulations and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

ARTICLE XII. PEDESTRIAN CONTROL REGULATIONS

Section 12-1. Pedestrian crossing ways or roadways

Pedestrians shall obey the directions of police officers directing traffic and whenever there is an officer directing traffic, a traffic control signal or a marked crosswalk within three hundred (300) feet of a pedestrian, no such pedestrian shall cross a way or roadway except within the limits of the marked crosswalk and as hereinafter provided in these regulations. For the purpose of these regulations, a marked crosswalk shall only be construed to be that area of a roadway reserved for pedestrian crossing located between two solid white reflectorized 12 inch pavement markings in rural areas or markings not less than six inches wide in urban areas, said markings or lines being no less than six feet apart.

Section 12-2. Pedestrian actuation
  1. (a) At a traffic control signal location where pedestrian indications are provided but which are shown only upon actuation by means of a pedestrian push button, no pedestrian shall cross a roadway unless or until the pedestrian control signal push button has been actuated and then cross only on the proper pedestrian signal indication. At traffic control signal locations where no pedestrian indication is provided, pedestrians shall cross only on the green indication. If necessary, the green indication shall be actuated by the pedestrian by means of a push button.
  2. (b) At a traffic control signal location, pedestrians shall yield the right of way to vehicles of a funeral or other procession or authorized emergency vehicle while in performance of emergency duties regardless of the signal indication given, and they shall not attempt to cross the roadway until such vehicles or procession has passed at which time pedestrians shall then cross the roadway only as provided in these regulations.
Section 12-3. Pedestrian obedience to traffic control signals

Traffic control signal color indications and legends shall have the commands ascribed to them in this section and no other meanings, and every pedestrian shall comply therewith, except when otherwise directed by an officer .

WALK and DON'T WALK indications (and/or the corresponding international symbols) have the following meaning:

While the steady WALK indication is illuminated, pedestrians may enter a crosswalk controlled by such indication. Drivers shall yield the right-of-way to any pedestrian crossing when this indication is displayed.

While the Flashing DON'T WALK indication is illuminated, pedestrians shall not leave the curb and enter the crosswalk, however, any pedestrian already in the crosswalk at the time that this indication is displayed may continue to cross to the opposing curb. While the steady DON'T WALK indication is illuminated, it shall be unlawful for a pedestrian to enter an intersection controlled by such indication. The enforcement and penalty for violating this provision shall be as specified in Chapter 90, § 18A of the General Laws.

Section 12-4. Pedestrian crossings and use of roadways
  1. (a) No pedestrian shall suddenly leave a sidewalk or safety island and walk or run into the path of a vehicle which is so close that it is impossible for the driver to yield the right of way.
  2. (b) Pedestrians shall at all times attempt to cross a roadway using the right half of crosswalks .
  3. (c) Where sidewalks are provided, it shall be unlawful for any pedestrian to walk along and upon an adjacent roadway whenever the sidewalk is open to pedestrian use.
  4. (d) Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway on its unfinished shoulder facing traffic which may approach from the opposite direction.
  5. (e) Persons alighting from the roadway side of any vehicle parked at the curb or edge of the roadway shall proceed immediately to the sidewalk or edge of roadway adjacent to vehicle, and shall cross on the roadway only as authorized by these regulations.
  6. (f) It shall be unlawful for any person to actuate a pedestrian control signal or to enter a marked crosswalk unless a crossing of the roadway is intended.
Section 12-5. Crossing at Non-Signalized Locations

When traffic control signals are not in place or not in operation, the driver a vehicle shall yield the right of way, slowing down or stopping if needed to so yield, to a pedestrian crossing the roadway within a marked crosswalk if the pedestrian is on that half of the traveled part of the way on which the vehicle is traveling or if the pedestrian approaches from the opposite half of the traveled part of the way to within five feet of that half of the traveled part of the way on which said vehicle is traveling.

Every pedestrian crossing a roadway at any point other than within a marked crosswalk shall yield the right of way to all vehicles upon the roadway. At a point where a pedestrian tunnel or overpass has been provided pedestrians shall cross the roadway only by the proper use of the tunnel or overpass.

State law reference(s)— General Laws Ch. 90, § 11.

Section 12-6. Operators to exercise due care

The provisions of these regulations shall in no way abrogate the provisions of Chapter 90, §§ 14 and 14A of the General Laws which provide: "Precautions for Safety of Other Travelers" and for the "Protection of Blind Persons Crossing Ways". Furthermore, notwithstanding the provisions of these regulations every operator of a vehicle shall exercise due care to avoid colliding with a pedestrian upon the roadway and shall give warning by sounding the horn when necessary and shall exercise proper precautions which may become necessary for safe operation.

Section 12-7. Pedestrians Soliciting Rides or Business

No person shall stand in a roadway for the purpose of soliciting a ride, employment or business form the operator or occupant of any vehicle without the written permission of the board or officer having control of such roadway or highway .

Section 12-8. Officers to enforce pedestrian regulations

These pedestrian control regulations shall be enforced by all officers of the City of Somerville.

Section 12-9. Exemptions

The provisions of these rules and regulations governing the use of ways by pedestrians shall not apply to pedestrians actually engaged in work upon a roadway closed to travel or under construction or repair, to municipal, state, federal or public service corporation employees while in the performance of their duties, to officers engaged in the performance of their public duties or to pedestrians acting in an emergency when such emergency necessitates departure from any part of these rules and regulations.

Section 12-10. Penalties

Any person who violates the provisions of this Article, which deals with the proper use of ways by pedestrians , shall be punished as provided in Chapter 90, § 18A of the General Laws.

Section 12-11. Effect of regulations

All existing rules and regulations governing the operation of vehicles or the use of ways by pedestrians which are inconsistent herewith are hereby expressly repealed. This repeal shall not, however, affect any punishment or penalty imposed or any complaint or prosecution pending at the time of passage hereof for any offense committed under any of the said rules and regulations hereby repealed.

If any section, subsection, sentence, clause or phrase of these rules and order is for any reason unconstitutional, void for vagueness, illegal, or unenforceable, such decisions shall not affect the validity of the remaining portion of these rules and orders. The City of Somerville hereby declares that it would have passed these regulations and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.

ARTICLE XIII. BICYCLE REGULATIONS

Section 13-1. Authority

The Traffic Commission, pursuant to the provisions of the General Laws, c. 85 § 11B and c. 90E § 1, hereby adopts this section regulating the operation of bicycles and other non-motorized transportation (not including pedestrians ).

Section 13-2. Definitions

The following definitions of common terms apply to this Article.

Bicycle Parking Facility — Any facility for the temporary storage of bicycles which allows the frame and both wheels of the bicycle to be locked so as to minimize the risk of theft and vandalism. Specifically, bicycle-parking facilities include designated bicycle racks and rings.

Bike Lane — A lane on a street restricted to bicycles and so designated by appropriate traffic controls.

Bike Path — A route for the exclusive use of bicycles separated by grade or other physical barrier from motor traffic.

Bike Route — A roadway shared by both bicycles and other forms of transportation designated by the means of traffic controls.

Bikeway — Bike lanes, bike paths, and bike routes.

Non-Motorized Transportation Conveyances — All non-motorized modes of transportation, which are human powered conveyances according to c. 90 § 18A of the general laws. Such modes shall include bicycles, scooters, and all other wheeled conveyances meeting the definition of a human powered conveyance.

Traffic Controls — For the purposes of this article, traffic controls shall include all electrically displayed signals, signs, and pavement markings lawfully installed under the authority of this article.

Section 13-3. Traffic Controls For Bikeways

Traffic controls shall meet all of the requirements of Part 9 of the Manual on Uniform Traffic Controls ( MUTCD ), Traffic Controls For Bicycle Facilities , unless otherwise proscribed herein.

Section 13-4. Authority to Operate on City Streets and Ways

Non-motorized transportation conveyances may be operated in accordance with applicable state law on all streets and ways under the control of the Traffic Commission. Bicycles may be operated in general traffic or on sidewalks except as hereinafter proscribed. All other human powered conveyances must be operated on sidewalks except as hereinafter proscribed. Pedestrians shall have the right-of-way over bicycles on all sidewalks and in all crosswalks .

Section 13-5. Operation Prohibited on Certain Sidewalks

Non-motorized transportation conveyances are prohibited from operating on sidewalks and in parks in certain districts as hereinafter defined. Persons operating non-motorized transportation conveyances must dismount said conveyances and walk within these districts.

  1. (a) Davis Square — On Holland Street, from Irving Street to College Avenue; On Elm Street, from College Avenue to Windom Street; on Highland Avenue, from Cutter Avenue to College Avenue; and on College Avenue from Highland Avenue to Morrison Avenue; and on all intersecting ways within those limits a distance of fifty feet from the above named streets.
  2. (b) Union Square — On Washington Street, from Columbus Avenue to Hawkins Street; on Somerville Avenue, from Milk Place to Church Street; on Prospect Street, from Webster Avenue to Washington Street; on Webster Avenue from Washington Street to Prospect Street; on Bow Street from Washington Street to Somerville Avenue; and on all intersecting ways within those limits a distance of fifty feet from the above named streets.
  3. (c) Porter Square — On Elm Street, from Banks Street to Cherry Street.
  4. (d) Broadway — from Central Street to Marshal Street; from Cross Street to Mount Vernon Street.
  5. (e) Ball Square — On Broadway, from Lowden Avenue to Boston Avenue; and on all intersecting ways within those limits a distance of fifty feet from the above named streets
  6. (f) Teele Square — On Broadway, from Farragut Avenue to Packard Avenue; on Holland Street, from Broadway to Moore Street; and on all intersecting ways within those limits a distance of fifty feet from the above named streets.
  7. (g) Magoun Square — On Broadway, from Hinckley Street to Medford Street; on Medford Street, from Trull Street to Broadway; and on all intersecting ways within those limits a distance of fifty feet from the above named streets.
Section 13-6. Exclusive Operation in Designated Lanes and Paths

Non-motorized modes of transportation conveyances shall have exclusive use and right-of-way in designated bicycle lanes on ways controlled by the Traffic Commission. Non-motorized transportation conveyances shall have the right-of-way on designated bicycle paths under the control of the Traffic Commission. Motor vehicles are prohibited from operating in bicycle lanes and on bicycle paths. Pedestrians are prohibited from walking in bicycle lanes (except as necessary to cross said lanes in a properly marked crosswalk ), but are permitted to use bicycle paths. (General Laws c. 90E).

Section 13-7. Lane Use in Designated Bicycle Lanes

When making a left turn maneuver, bicyclists shall move to the center of the roadway and execute their maneuver in accordance with the rules of the road. Bicycles shall be operated consistent with the provisions of c. 85 of the General Laws.

Section 13-8. Bicycle Parking

Bicycles may only be parked on a public way as hereinafter provided. Bicycles may be secured to existing public appurtenances, such as light poles, street signs, and parking meters . Where available, bicycles should be secured at bicycle parking facilities . Bicycles may not be secured to public shade trees or to other street furniture, such as benches or trash receptacles. Bicycles not secured properly are subject to impoundment at the discretion of the Chief of Police. Bicycles properly secured which have not been moved in fifteen days may also be impounded. Bicycles secured in violation of this provision shall be subject to a penalty of fifteen dollars and/or impoundment.

Section 13-9. Enforcement; Citations and Penalties

Moving violations and parking violations arising under this Article shall be enforced by officers of the Police Department. Parking Control Officers shall also enforce violations of the parking provisions of this Article. For any bicycle found upon any street or highway in violation of any provisions of these rules and regulations, if the identity of the operator cannot be determined, the owner shall be held prima facie responsible for such violations. Violations of traffic laws are subject to a penalty of twenty dollars or impoundment of the conveyance if the operator is under the age of eighteen. An offender who refuses to state his or her name and address, or who states a false name and address, is subject to a penalty of fifty dollars. The provisions of the General Laws, c. 85 § 11C, shall govern penalties for moving violations.

ARTICLE XIV. NEIGHBORHOOD TRAFFIC MANAGEMENT AND CALMING PROGRAM

Section 14-1. Authority

The Traffic Commission, pursuant to the provisions of the General Laws, Chapter 85 § 2, hereby adopts this section regulating the implementation and use of traffic calming devices on ways within its control.

Section 14-2. Definitions

The following definitions of common terms apply to this Article.

Neighborhood Traffic Management and Calming Measures — Neighborhood traffic management and calming measures, hereinafter referred to as "traffic calming measures", controlled by this article include methods to reduce the speed and volume of traffic on a particular roadway. There are three primary methods for traffic calming by the state, reducing the width of the roadway, altering the vertical profile of the vehicle path, and deflecting the vehicle path. Alternative methods may also be considered where physical methods are not feasible. Regulatory measures such as STOP signs and traffic signals are not recommended for traffic calming and should only be implemented when warranted by a traffic study to meet regional needs.

Section 14-3. Qualifying Criteria

Requests for the implementation of calming measures on public streets will be evaluated by the City on the following criteria:

Criteria for Initial Review:

  1. (a) The street should be primarily residential in nature;
  2. (b) A petition indicating at least 9 residents, or 33% of the residents on the street (whichever is lower) support the implementation of a traffic calming device.
  3. (c) The requested action is consistent with federal, state and local laws.
Warrants for Article XIV Installation
Warrant Criteria Satisfied (Y/N)
Street Classification Street classified as either "residential" or "local"
Prevailing Speed 85 th percentile speed exceeds 25 mph
Number of Lanes Two-way Street: • Does not exceed two lanes with one lane in each direction One-way Street: • Does not exceed one lane
Street Width The paved width of the street (curb-to-curb) does not exceed 40 feet
Minimum Traffic Volume Average Daily Traffic of at least 300 vehicles per day
Maximum Traffic Volume Average Daily Traffic of no more than 2,500 vehicle per day
Street Length Street is at least 750 feet
Maximum Gradient Street grade is less than 5%
Minimum Curvature Radius of street curve if present is more than 300 feet
Street Use Street shall not be: • truck route (at least 5% trucks of the ADT) • transit route • established/preferred emergency route
Parallel Street No parallel street of equal or lower order that would be impacted due to traffic diversion
Adjacent Land Use Street serves or is adjacent to a school, playground, park, senior center or hospital
Public Support At least 9 residents, or 33% of the residents on the impacted street(s) (whichever is lower) support the initiative to the Traffic Commission
Acceptable Location Potential location should be: • 250 feet away from nearest intersection • 10 feet away from nearest driveway • 25 feet from nearest fire hydrant • 200 feet of sight distance
Number of warrants satisfied

Proposed Priority Ranking System

The above recommended warrants for Article XIV installation include a total of nineteen (19) separate warrants (with multiple warrants within one category; ex. Acceptable Location).

It is recommended that the City consider all warrants to have the same weight or importance. The priority ranking system would then be based upon the number of warrants satisfied by the street. Streets satisfying more warrants would rank higher than those with few warrants satisfied.

In cases where there are multiple streets all of which satisfy the same number of warrants, the City Traffic Engineer can then review the extent to which the warrants are satisfied. As an example, a street where the 85 th percentile speed is more than 25 mph by a greater value should be ranked higher. Similarly, streets with a higher level of support (above the minimum 33%) should be ranked higher than others.

Section 14-4. Neighborhood Traffic Management Process

The following process will be used by the City to address neighborhood traffic concerns:

  1. (a) A resident alerts the City to a problem area. If the problem specifically involves speeding or cut-through traffic, the complaint is processed through the Neighborhood Traffic Management and Calming Program .
  2. (b) The neighborhood completes a petition (Traffic Calming Request Form, included in Appendix B) including a written description of the location of concern and requires the signatures of at least 9 residents, or 33% of the residents on the impacted street (s) (whichever is lower)
  3. (c) If the initial review criteria are satisfied, the City may schedule a neighborhood meeting to identify the concerns and issues. In the event of a meeting, a notice will be distributed to residents of the neighborhood in question. It is anticipated that a traffic engineer from the Department of Traffic and Parking will attend the meeting.
  4. (d) The City may prepare an engineering study and traffic analysis evaluating the criteria for implementation. Traffic calming options may be recommended by Traffic & Parking staff to the residents.
  5. (e) The Traffic Commission votes to adopt, reject or modify the recommendations made by the Department of Traffic & Parking.
  6. (f) Department of Traffic & Parking and/or Department of Public Works implements the Traffic Commission votes as required subject to the availability of funding.
Section 14-5. Standards of Traffic Calming Measures

Any traffic calming measures to be implemented in conjunction with this article shall substantially comply with the provisions of the Massachusetts Department of Transportation's Project Development & Design Guide, Chapter 16, Traffic Calming and Traffic Management, and other relevant national and local standards as may promulgated by the Federal Highway Administration (FHWA) of the Unites States Department of Transportation (USDOT), the American Association of State Highway and Transportation Officials (AASHTO), or the Institute of Transportation Engineers (ITE).

Section 14-6. Types of Traffic Calming Measures

Several levels and types of traffic calming treatments shall be considered when implementing traffic calming devices as further described above.

  1. (a) Reducing the Width of the Roadway a. Pavement cross-section features including on-street parking , spot narrowing, bike lanes , travel lane width reduction, medians, islands, and road diets. b. Pavement edge treatments like neckdowns, chokers, and curb extensions. This should be considered primarily for streets with a high amount of pedestrian traffic and alternative uses as it prioritizes other methods of transportation over the vehicle .
  2. (b) Altering the Vertical Profile a. Speed tables. b. Raised crosswalks and intersections . c. Paving Treatments. d. Temporary rubber speed bumps
  3. (c) Deflecting the Vehicle Path a. Chicanes. b. Roundabouts at intersections. This method should be considered primarily for locations where crash rates and speeding are major issues.
  4. (d) Alternative Traffic Calming Measures a. Police spot enforcement/presence This method should be considered for roadways that experience significant speeding issues but do not meet the criteria for physical traffic calming measures.
  5. (e) Turning Prohibitions a. Peak hour turning restrictions

ARTICLE XV. FEES AND PERMIT PARKING

Section 15-1. Permit Parking

The Traffic Commission hereby adopts the following permit parking rules and regulations.

Section 15-2.1. Residential Permit Parking

Residents of Somerville, whose motor vehicle , except for a commercial vehicle , is registered and principally garaged in Somerville, and who provides proof of residency as set forth below, may apply for a residential parking permit by completing and signing an application designed to provide the following information:

  1. a. The name and residential address of the owner of the vehicle;
  2. b. The name, residential address and driver's license number of the principal operator of the vehicle;
  3. c. The make, model, color and registration number of the vehicle;

In addition to the application form, an applicant must submit a current valid motor vehicle registration issued by the Commonwealth of Massachusetts Registry of Motor Vehicles showing the car registered in the applicant's name evidencing the applicant's current Somerville residential address. The applicant must also submit a current utility bill (gas, electric, telephone, or cable)

Whenever the Parking Clerk finds that the applicant qualifies under the provisions of this section for a residential parking permit, he or she shall issue to the applicant one (1) residential parking permit for the vehicle described in the application.

Residents who have been issued a residential parking permit shall be entitled to receive up to two visitors' passes. The visitor passes shall be used only while visitors are actually visiting the household to which the permits are issued. The visitor pass must be fully visible and readable from the exterior of the vehicle. If a visitor pass is lost, it may be replaced a maximum of two times per year. Visitor passes may be used no more than two days in any one-week period, except Sundays.

Parking permits are prohibited for residents of any residential address that was not issued its first certificate of occupancy prior to January 15, 2020 for any property shown on a map designated as Map A hereto appended, to which reference is made, and which Map A is specifically incorporated in this Section. The Director of Parking shall maintain a schedule of addresses, certified by the Inspectional Services Department, subject to the parking permit prohibition.

The Director of Parking shall have the authority to waive the parking permit prohibition for residents with disabilities, residents of a deed restricted affordable dwelling unit, or residents facing extenuating circumstances. The Director of Parking shall issue parking permits only upon receiving adequate documentation that satisfies the waiver requirements of this section. In addition to the application requirements in the first two paragraphs of Section 15-2.1, applicants shall also submit a waiver form with the following information:

  1. 1. Residents with Disabilities: the applicant must have a handicapped plate or handicapped placard from the Commonwealth of Massachusetts Registry of Motor Vehicles or other duly authorized agency acting under the authority of the Commonwealth or written verification of a medical condition that causes a substantial impairment to the use of public transportation.
  2. 2. Residents of a Deed Restricted Affordable Dwelling Unit: the applicant must provide written verification of residence from the Housing Division, Somerville Housing Authority, or other provider of deed restricted affordable housing.
  3. 3. Residents with Extenuating Circumstances: the applicant must provide a written recommendation from the Director of Housing Stability in consideration of the extenuating circumstances.

Please visit our website www.somervillema.gov/ParkingPermitRestrictions for answers to Frequently Asked Questions regarding the changes of 2019-91.

Section 15-2.2. Business Permit Parking

All commercial business in Somerville may apply for a parking permit authorizing the permitted motor vehicle to park in the areas designated by the parking clerk as shown on the permit.

The Traffic Commission, on an annual basis, shall determine the location and number of available permits. A lottery shall be held by the Parking Clerk in which permits are randomly drawn and issued. Any permits remaining after the lottery shall be available for the balance of the year, on a first come first serve basis to qualified businesses

Business parking permits shall only authorize the permit holder to park on their assigned street /lot in areas designated "BUSINESS PERMIT PARKING ONLY" or "EXCEPT BY PERMIT" and shall be used only during the course of the employment of the permit holder. All Business Permit Spaces in the Davis Sq and Magoun Sq Municipal Parking Lots will revert to metered spaces Monday through Friday 5:00 p.m.—10:00 p.m. and Saturday 8:00 a.m. to 10:00 p.m.

Section 15-2.3. City Employee Permit Parking

City of Somerville School Department officers , agents, and employees who work at schools designated by the Traffic Commission shall be entitled to receive a permit authorizing the permit holder to park in permit parking areas when necessary to carry out their official duties on behalf of the School Department.

City of Somerville officers, agents, or employees whose regular place of employment is City Hall shall be entitled to receive a permit authorizing the permit holder to park in those areas designated as City Hall Permit Parking. The permit shall be issued by the Mayor.

Section 15-2.3. Citywide Placards Permit Parking

The Parking Clerk may issue permits to persons not otherwise eligible for a permit, when the Parking Clerk determines that it would serve a public purpose to issue such permit. Before issuing such permit, the Parking Clerk shall state in writing the reasons for his/her decision to issue the permit.

Section 15-2.4. Valet Parking Regulations
Section 2.4.1. Introduction

The rules and regulations set forth herein shall be part of the City of Somerville Traffic Rules and Regulations pertaining to Valet Parking .

Valet Permit shall be issued to the establishment serviced by the valet parking operation.

Such establishments may contract with outside firms to conduct their valet parking operations. A Valet Parking Permit allows the holder exclusive use of curb space during approved time periods and is authorized under the Traffic Department's authority to regulate on-street parking.

It is a privilege not a right. Valet parking helps to promote the more efficient use of limited on-street parking spaces. No curb space shall be used for valet parking without a permit issued hereunder. A permit may be modified, suspended or revoked if the valet parking operation is not conducted in accordance with applicable law and these rules and regulations or if the Valet Parking Zone is not being used for a valet parking operation for all or a portion of the approved time periods.

Section 2.4.2. Definitions

The following terms shall have the following meanings in this Article 15-2.4 :

Department for purposes of this document is Traffic and Parking

Valet Parking Permit means the permit issued by the Department to the Valet Permit holder allowing it to conduct a valet parking operation in an approved Valet Parking Zone.

Valet Permit Holder means the establishment (restaurant, hotel, complex or hospital) holding a Valet Parking Permit and offering valet parking services to its patrons or visitors.

Valet Parking Operator means the company/entity that is engaged by the Valet Permit holder to operate the valet parking service.

Section 2.4.3. General Provisions

Valet parking shall be the parking of a vehicle in an approved Valet Parking Zone for the time periods listed in Section 2.2 below. Vehicles that are valet parked shall be transported to and parked at a designated off-street parking facility/area and shall not be parked in any other on-street parking spaces. Any vehicle parked in violation of these rules and regulations shall be subject to the issuance of a parking citation and the Valet Permit Holder and/or the Valet Parking

Operator shall be subject to the enforcement measures identified herein. The Department reserves the right to designate Valet Parking Zones or require that more than one establishment be served from a single Valet Parking Zone based upon local conditions such as traffic congestion, the demand for Valet Parking Zones or the overall impact of valet operations in a particular area.

Section 2.4.4. Size and Location of Valet Parking Zones

The Department shall determine the size (measured in linear feet and/or designated space) and location of a Valet Parking Zone taking into account factors including but not limited to the seating capacity of the Valet Permit Holder , the nature of its business, the hours of the valet service operation, and the proximity of the Valet Permit Holder's business to the off-street parking facility/area. In considering the seating capacity of the Valet Permit Holder, as reflected in the fire occupancy permit or entertainment license or as visually inspected by the Department, the Department may use the following general guidelines to determine an appropriate size for the Valet Parking Zone:

100 or fewer seats—Two (2) parking spaces

101—150 seats—Three (3) parking spaces

151—200 seats—Four (4) parking spaces

Section 2.4.5. Length of Time Vehicle May Remain in Valet Parking Zone

Hotels/Complex: Vehicles may remain in the Valet Parking Zone of a hotel holding a Valet Parking Permit during the hours of valet parking operation listed on the permit as long as necessary, while engaged in the receiving or discharging of passengers or loading or unloading of baggage; however, hotels shall make every effort to keep a minimum of one space within the Valet Parking Zone open at all times.

Restaurants: Vehicles may remain in the Valet Parking Zone of a restaurant holding a Valet Parking Permit during the hours of valet parking operation listed on the permit for not more than fifteen (15) minutes continuously, while engaged in the receiving or discharging of passengers.

Hospitals: Vehicles may remain in the Valet Parking Zone of a hospital holding a Valet Parking Permit during the hours of valet parking listed on the permit for as long as necessary, while engaged in the receiving or discharging of passengers.

Section 2.4.6. Term and Public Comment

Valet Parking Permits shall be issued to establishments for the period July 1 through June 30.

Special or one-day permits may be issued as provided in Section 10.0 below. All permits shall expire on June 30 of each year and must be renewed annually. The Traffic and Parking Department shall provide notice to the applicable City Alderman on all initial applications. All Applications must be approved by the Traffic Commission public meeting. Notice of the meeting shall be posted in accordance with Public Meeting Law.

Section 2.4.7. Coordination with other City Agencies and Departments

The Department shall coordinate its review and enforcement of valet parking operations with other City of Somerville Departments including the SPD and the Licensing Board for the City of Somerville by exchanging and sharing information with these agencies.

Section 2.4.8. Application for Valet Parking

An application for a Valet Parking Permit shall be submitted on a form issued by the Traffic and Parking Department . Applications must be submitted by the establishment that will be serviced by the valet parking operation. Permits must be renewed annually and updated information must be submitted with a renewal application. The application form shall request the following information.

  1. 2.4.8.1. The name, address, and telephone, email and fax numbers of the establishment requesting a Valet Parking Zone.
  2. 2.4.8.2. The name and telephone, email and fax numbers, including the daytime and nighttime numbers of the owner or general manager of the establishment.
  3. 2.4.8.3. The name, address, email and telephone phone numbers of the Valet Parking Operator that will be operating the valet service, and the daytime and nighttime telephone number and cell phone numbers of the owner or general manager of the Valet Parking Operator. The cell phone number of the owner or general manager of the Valet Parking Operator shall be accessible twenty-four (24) hours a day. If a Valet Parking Operator will not be used, the same information shall be provided for the Valet Permit Holder .
  4. 2.4.8.4. The location and number of linear feet /spaces and/or meter numbers requested for the Valet Parking Zone.
  5. 2.4.8.5. The days and actual hours of operation requested, the estimated number of vehicles that will be valet parked, and the estimated number of valet attendants that will be present during each of the days and times requested.
  6. 2.4.8.6. A letter from the owner and/or operator of an off-street parking facility/area stating an agreement exists between the off-street location and the Valet Parking Operator or Valet Permit Holder for valet parking of vehicles. The letter must state the following information: the location of the facility/area; the total number of parking spaces in the facility/area; and the total number of parking spaces that will be available for valet parked vehicles from the Valet Permit Holder.
  7. 2.4.8.7. A plan or map and a description depicting the proposed route that valet parking attendants will use to and from the off-street parking facility/area shall be submitted.
  8. 2.4.8.8. Contracts, written agreements or leases related to the use of an off-street parking facility/area during the term of a current permit shall be submitted for all renewal applications.
Section 2.4.9. Evaluation Procedures and Criteria

Upon receipt of a completed application for an initial permit, the Department shall provide a copy to the Somerville Police Department where the proposed valet operation will be located. Review, comments and hearings shall be as provided in Section 3.0. All applications for an initial permit or renewal of an existing permit are subject to an evaluation by the Department in order to ensure that there is safe and adequate vehicular access to and from the Valet Parking Zone and that the vehicular traffic expected to be generated by the valet parking operation will not cause undue traffic congestion, block or impede the flow of traffic or pose a public safety hazard by delaying or preventing access in or throughout the area of the Valet Parking Zone. The evaluation shall be completed promptly but no later than sixty (60) days following receipt of a complete application. The evaluation shall consider the following:

  1. 2.4.9.1. The existing parking regulations on the block and in the general vicinity of the Valet Parking Zone.
  2. 2.4.9.2. The anticipated number of vehicles that are proposed to be accommodated at the Valet Parking Zone during each of the operating periods listed in Section 5.5 and the corresponding number of valet parking attendants that are proposed to be used during each such period.
  3. 2.4.9.3. The width and configuration of the streets at and in the general vicinity of the Valet Parking Zone.
  4. 2.4.9.4. The turning vehicle radius movements required for vehicles that will enter and leave the Valet Parking Zone.
  5. 2.4.9.5. The existing vehicular volumes on the streets and the on-street parking demand at and in the general vicinity of the requested zone during the time periods listed for the operation.
  6. 2.4.9.6. Pedestrian volumes at and in the general vicinity of the Valet Parking Zone.
  7. 2.4.9.7. An assessment of the proposed route to and from the off-street parking facility/area under the following criteria: how direct is the route and whether the distance between the establishment and the parking facility/area is within a reasonable walking distance for valet parking attendants.
  8. 2.4.9.8. The overall demand for Valet Parking Zones at and in the general vicinity of the requested location during the operating periods listed on the valet parking application.
  9. 2.4.9.9. The record and history of valet parking operations for the Valet Parking Operator that will be providing the service (if a Valet Parking Operator will not be used, the same information as to the Valet Permit Holder ).

Upon completion of the evaluation the application shall be presented to the Traffic Commission for approval.

Section 2.5.0. Determination and Issuance Procedures and Criteria

The Traffic Commission shall determine whether and to what extent an application should be approved based upon the Department Rules and Regulations and its professional opinion. The Traffic Commission may accept and consider comments from elected officials, residents and other city agencies and departments. Under the provisions of these rules and regulations, an application may be approved in whole or in part, it may be denied, or it may be approved subject to specific additional conditions related to location and use characteristics such as the number of linear feet, the exact location of the Valet Parking Zone, the estimated number of vehicles that will be valet parked during each operating period listed in Section 5.5, the required number of valet attendants during each such operating period and use of a single Valet Parking Zone by more than one establishment. An approval notification shall be the Valet Parking Permit and it shall include the information on the permit application, the information set forth below and such additional information as the Department may determine. If an application is denied in whole or in part, or if it is approved subject to specific additional conditions, the grounds for such action shall be in writing and become part of the permit. The permit shall include the following:

  1. 2.5.1. The term of the permit, the exact location and the number of linear feet of the Valet Parking Zone, the approved days and hours of operation, the minimum number of valet attendants required during each of the approved operating periods, the name and address of the designated off-street parking facility/area and the permit fee. Valet parking shall be allowed only during the approved days and hours of operation; and if the Valet Parking Zone is not being used for a valet parking operation for all or part of the approved time periods, the permit may be modified or revoked. The Valet Permit Holder or Valet Parking Operator may request permission to place signage in the Valet Parking Zone during the hours listed on the permit, but only Department-approved signage shall be placed on the street .
  2. 2.5.2. The requirement that all vehicles shall be parked at the off-street parking facility/area listed on the permit and not parked in the Valet Parking Zone for longer than the allowed time limit or in any other on-street parking space.
  3. 2.5.3. That the operation of any valet parking operation is the responsibility of the Valet Permit Holder, and a statement that the Valet Permit Holder agrees to comply with the terms and conditions on the permit, these rules and regulations and other regulations of the Department.
  4. 2.5.4. That the permit shall be available for inspection at the establishment at all times.
  5. 2.5.5. Copies of new permits shall be provided to the Somerville Police Department District where the proposed valet operation will be located, the applicable Alderman or and other city agencies including the Licensing Board for the City of Somerville. An inventory of new, suspended and/or revoked permits shall be provided upon request to the Department.
  6. 2.5.6. The permit shall be issued upon approval and payment of the applicable fees. Once approved, the Department shall install valet signage. Unless a permit is renewed, the valet parking signage will be removed upon expiration of the current permit.
  7. 2.5.7. The Traffic Commission may determine that a Valet Parking Zone should be designated or shared by more than one establishment. In this case, the Department shall list all of the establishments sharing the Valet Parking Zone as the Valet Permit Holder(s) on the Valet Parking Permit.
Section 2.6.0. Fees

The fees for the use of the curb space and signage are established by way of the Traffic Commission. Fees are as follows: $40.00 per linear foot or $800.00/marked space of curb space per year for each day of the week and $150.00 per sign for a five year period. The payment of the fees shall be on a schedule as determined by the Department .

Section 2.7.0. Enforcement
  1. 2.7.1. The Department shall maintain a complete file for each Valet Parking Permit issued. The files shall include all information relevant to the Valet Parking Permit including application(s), approval letters, complaints, correspondence, reports, Valet Parking Operator information, and other related documents and information.
  2. 2.7.2. Conducting or operating a valet parking operation without applying for and receiving a Valet Parking Permit issued hereunder shall subject the establishment serviced by the valet parking operation and the valet operator to a fine not exceeding three hundred dollars ($300.00). Each day on which a violation exists shall constitute a separate offense.
  3. 2.7.3. Valet Parking Permits may be suspended or revoked as set forth below, provided, however, that where a violation is a threat to public safety or welfare, a permit may be suspended or revoked prior to initiating the procedures below.
  4. 2.7.4. Traffic and Parking Officers and Somerville Police Officers are authorized to enforce these regulations. The Department shall maintain within the file referenced in Section 9.1 all valet parking complaints from elected officials, residents and other city agencies and Somerville Police Department Incident Reports.
  5. 2.7.5. Complaints may be taken in person , by telephone or in writing. A complaint form, as determined by the Department, shall be used whenever practical. Copies of complaints and incident reports received by the Department shall be provided to the Valet Permit Holder and the Valet Parking Operator. 2.7.5.1. Valet vehicles that are parked in violation of these rules and regulations may be subject to issuance of a parking citation. A licensed premise violation may also be issued to a Valet Permit Holder licensed by the Licensing Board for the City of Somerville for any violation of these rules and regulations.
  6. 2.7.6. The Department may issue a written warning to a Valet Permit Holder on the basis of any complaint, compliance inspection, written violation, parking citation, or incident report. A written warning shall identify the nature of the problem and may state corrective action. Copies of written warnings shall also be provided to the Valet Parking Operator associated with the particular Valet Permit Holder receiving the warning.
  7. 2.7.7. The Department may undertake compliance inspections from time to time and it may undertake investigations based upon complaints, incident reports or violation notices. On the basis of inspections or investigations the Department may issue a written warning to a Valet Permit Holder, as described in Section 9.6.
  8. 2.7.8. Following the issuance of at least one written warning to a Valet Permit Holder, the Department may schedule a hearing if it receives an additional complaint or incident report or if a compliance inspection reveals a problem. The purpose of the hearing will be to receive additional information and to determine if additional enforcement measures are warranted. The Valet Permit Holder and Valet Parking Operator shall be provided prior written notice of the hearing and both shall be required to attend. The Valet Permit Holder and/or the Valet Parking Operator may present information at the hearing. Following a hearing, the Department shall issue the Traffic Commission's determination as to what, if any, additional enforcement measures to take. Such measures may include an additional written warning or a modification, suspension or revocation of the permit. The Department may also schedule a hearing for any of the following purposes: to hear applications for new Valet Parking Permits; to hear requests from an existing Valet Permit Holder to increase or decrease the days or hours of its valet parking operation; requests from existing Valet Permit Holders to decrease or increase the size of the Valet Parking Zone; or to address complaints or violations occurring after written warnings are sent out and that the Department determines warrant immediate attention.
  9. 2.7.9. Actions involving the modification, suspension or revocation of a Valet Parking Permit shall be based on a number of factors including the number of violations, the number of occasions on which the violations occurred, or the severity of an incident resulting in a violation. A first suspension shall be for a period of not more than five (5) days and a second suspension for a period of not more than ten (10) days following the second suspension, the Traffic Commission may revoke the Valet Parking Permit.
  10. 2.7.10. Copies of written warnings, suspensions and revocations issued by the Department under this section shall be provided to other city agencies including the Somerville Police Department and the Licensing Board for the City of Somerville
  11. 2.7.11. Parking citations received as a result of a violation of these rules and regulations are the responsibility of the Valet Permit Holder. Parking citations shall be processed and may be appealed pursuant to the procedures of the Department Rules and Regulations.
Section 2.8.0. Special or One-Day Permits

The Department may, in its discretion, issue special or one-day permits for valet parking . Such permits shall, as determined by the Traffic Commission, comply with all of the provisions hereunder, and applications for such permits shall be submitted no later than five (5) days prior to the date of the event. The Department shall consider requests less than five (5) days prior to the event only in extraordinary situations.

Section 2.9.0. Severability

If any section or part hereof is held invalid, the remainder shall not be affected by such holding.

Section 2.10.0. Public Safety

In the interest of public safety, each Valet Parking Operator operating within the City of Somerville must annually, on or before July 1 of each year, provide a copy of its company's policy regarding handling intoxicated drivers to the Department .

Section 2.11.0. Identifying Jackets for Valet Parkers

No Valet Parking Operator who is engaged in providing valet services, including but not limited to receiving or discharging passengers or loading or unloading baggage from a vehicle , making arrangements to remove the vehicle to a designated off-street parking facility, parking a vehicle, or otherwise in control of a vehicle subject to valet parking requirements, may engage in such activities unless the Valet Parking Operator is wearing a jacket or shirt clearly marked "VALET" across the back in reflective lettering that shall be highly contrasting with the background/field/screen (i.e. dark colored reflective lettering on light-colored background or light-colored reflective lettering on dark-colored background); each individual letter of the word "VALET" shall be no smaller than three inches (3") in height. The front of the jacket or shirt worn by the Valet Parking Operator shall include the name of the person , business, establishment, or corporation granted a Valet Parking Permit . Compliance with these sections shall require the jacket or shirt required in this section to be the outermost garments worn by the Valet Parking Operator.

Section 2.12.0. Effective Date

These amendments to the Department Rules and Regulations shall take effect on November 19, 2014.

Section 15-3. Schedule of Fees

The Traffic Commission hereby adopts the following schedule of permits granted in connection with permit-parking.

Permit Type Fee
Residential Permit $40.00*
Replacement Residential Permit (1 st time) $25.00*
Replacement Residential Permit (2 nd time) $50.00*
2 Day Visitor Permit $20.00 each*
Replacement Visitor Permit (1 st time) $25.00 each*
Replacement Visitor Permit (2 nd time) $50.00 each*
3 Day Visitor Permit $40.00 each
Special Visitor Permit (3—7 days) $25.00
Extended Visitor Permit (8—30 days) $35.00
Commercial Vehicle Permit $50.00/yearly
Non-Commercial Permit $25.00
Commercial Exempt School Vans $25.00 yearly
Citywide Placard/Health Care Professional $40.00 12 months
Citywide Placard/Home Maker $40.00 12 months
Military $20.00
Religious Organization $40.00 12 months
Medical $40.00 12 months
Business Permit (On Street ) $150.00 yearly
Business Permit (Off Street) $100.00 per month
School Department/Teacher Permit $15.00
Rental Car Permits (up to 1 month) $35.00/month
Contractors Permits (per vehicle , up to 1 month) $35.00
Landlord Permits (living outside of Somerville) $60.00 yearly
Landlord Permits 10+ properties (living outside of Somerville) $100.00 yearly
Realtor Permits (8:00 a.m.—9:00 p.m.) $60.00 yearly
Temporary "No Parking" Signs $5.00 each
Moving Van Permit $40.00/day
Moving Container/Portable On Demand Storage (POD) $40.00/day
Party/One Time Event Permits $1.00 per permit/per day
Valet Parking Permit $40.00/linear ft or $800.00/space for each day of the week; $150.00/sign every 5 yrs
Miscellaneous Business Permit $200.00/year
Auxiliary Landlord Permit $50.00
Artist Permit $75.00/yearly
*Denotes that there is NO CHARGE for persons with disabilities or 65+
Section 15-4. Parking Meter Fees

The fee for parking at a parking meter under the jurisdiction of the Traffic Commission shall be twenty-five cents per 12 minutes

Section 15-5. Parking Meter Bagging Fees

The fee for having a meter placed out of service for a specific event ("meter bagging") shall be $35.00 per meter per day plus a $35.00 bagging fee. Requests for meter bagging shall be placed no less than 48 hours in advance and shall be accompanied with a check in the amount of the required fee. Meter bagging shall be automatically granted upon request, unless the Parking Clerk determines in writing that the request shall result in manifest injustice or conflicts with the spirit of the Traffic and Parking Regulations. All requests for meter bagging shall be made on a form prescribed by the Parking Clerk.

Section 15-6. Violations

If a person uses a permit issued under this article in violation of the these regulations, the permit may be suspended, revoked, or modified, in whole or in part, only after the holder of the permit has been notified in writing and has been given an opportunity to be heard.

ARTICLE XVI. APPEALS AND HEARING

Section 16-1. Hearings for Permits

An appeal to the Traffic Commission may be taken by any person aggrieved by reason of the inability to obtain a permit or permit renewal from the Parking Clerk. Any appeal shall be taken within thirty days from the date of the decision which is being appealed. The petitioner shall file a notice of appeal specifying the grounds thereof, with the Parking Clerk. The Parking Clerk shall forthwith transmit to the Traffic Commission all documents and papers constituting the record of the case in which the appeal is taken. The Traffic Commission shall hold a hearing on any appeal at the next regularly scheduled meeting. Written notice of the date, time, and place of the hearing shall be sent by first-class mail to the petitioner. The hearing shall be informal, the rules of evidence shall not apply, and the decision of the Traffic Commission shall be final.

ARTICLE XVII. MOTORIZED SCOOTERS

Section 17-1. Authority

The Traffic Commission hereby adopts the following motorized scooter rules and regulations

Section 17-2. Definitions

Motorized Scooter — any two wheeled device that has handlebars, designed to be stood or sat upon by the operator, powered by electric or "gasoline powered" motor that is capable of propelling the device with or without human propulsion, and which is not a "motor vehicle" or "motorized bicycle" as defined in Chapter 90 of the Massachusetts General Laws, except that a "Segway" personal mobility assistance device shall not be considered a motorized scooter. However, any personal assistance device that is intended for use and operated by a person with a disability shall be exempt from the provisions of this regulation.

Section 17-3. Regulations
  1. (a) A person under the age of 16 may not operate a motorized scooter upon any way, street , highway, boulevard, avenue, court, lane , alley, square, and place under the control of the City of Somerville. Operator must possess a valid drivers license or learners permit.
  2. (b) A person may not operate a motorized scooter upon any way, street, highway, boulevard, avenue, court, lane, alley, square, and place under the control of the City of Somerville at a speed in excess of twenty-five miles per hour.
  3. (c) A person may not operate a motorized scooter upon any way, street, highway, boulevard, avenue, court, lane, alley, square, and place under the control of the City of Somerville in a careless, reckless, or negligent manner so as to endanger the life, safety of any person or the property of any other person.
  4. (d) A person may not operate a motorized scooter upon any way, street, highway, boulevard, avenue, court, lane, alley, square, and place under the control of the City of Somerville while under the influence of alcohol as set forth in G.L. c. 90 § 24.
  5. (e) A person may not operate a motorized scooter upon any way, street, highway, boulevard, avenue, court, lane, alley, square, and place under the control of the City of Somerville in violation of any federal, state, or local traffic and parking laws, ordinances, rules, or regulations. Operator must obey all Mass traffic laws except that the operator may pass a motor vehicle on the right only when traveling in the same direction as the motor vehicle and the operator must give hand signals for stopping or turning and must yield the right of way to any motor vehicle making a right hand turn.
  6. (f) Every person operating a motorized scooter shall operate such motorized scooter upon any way, street, highway, boulevard, avenue, court, lane, alley, square, and place under the control of the City of Somerville in designated bicycle lanes, where such lanes are provided within ten (10) yards of the location at which such motorized scooter is operated.
  7. (g) Every person operating a motorized scooter upon any way, street, highway, boulevard, avenue, court, lane, alley, square, and place under the control of the City of Somerville shall wear protective headgear conforming with standards governing bicycles.
  8. (h) A person operating a motorized scooter upon any way, street, highway, boulevard, avenue, court, lane, alley, square, and place under the control of the City of Somerville may not permit any person to ride as a passenger on such scooter.
  9. (i) A person may not operate a motorized scooter upon any way, street, highway, boulevard, avenue, court, lane, alley, square, and place under the control of the City of Somerville unless such motorized scooter is equipped with a braking system to enable the operator to bring the scooter traveling at a speed of fifteen miles per hour to a smooth safe stop within thirty feet on a dry, clean, hard level surface.
  10. (j) A person may not operate a motorized scooter upon any way, street, highway, boulevard, avenue, court, lane, alley, square and place under the control of the City of Somerville during hours of darkness.
  11. (k) A person may not operate a motorized scooter upon any way, street, highway, boulevard, avenue, court, lane, alley, square, and place under the control of the City of Somerville unless the handlebars are below shoulder height of the operator.
  12. (l) A person operating a motorized scooter upon any way, street, highway, boulevard, avenue, court, lane, alley, square, and place under the control of the City of Somerville may not pass or overtake another motorized scooter traveling in the same direction.
  13. (m) A person may not operate a motorized scooter in the following locations under the control of the City of Somerville: i. any sidewalk , except as may be necessary to enter or leave adjacent property. ii. on any way, street, highway, boulevard, avenue, court, lane, alley, square, and place under the City of Somerville prohibiting bicycles. iii. any street, highway, boulevard, avenue, court, lane, alley, square, and place under the control of the City of Somerville with a posted speed limit greater than 30 m.p.h.
  14. (n) A person who is charged with violating this regulation shall give his or her name and address to the enforcing authority.
  15. (o) A person who violates this section or knowingly permits another to violate this section shall be punished by a fine as set forth in Section 1-11 (b) of the Somerville Code of Ordinances in the manner provided by G.L. c. 40 § 21D. The police department is the enforcing authority for violations of this section. The fine will be not more than $25.00 for the first offense, $25.00—$50.00 for the second offense, and $50.00—$100.00 for subsequent offenses. to another fine. The fine will be $50.00 per violation.
  16. (p) This section shall not be construed to impair any common law or statutory cause of action or other legal remedy available to the City.

ARTICLE XVIII. RED LIGHT VIDEO SURVEILLANCE ENFORCEMENT

Section 18-1. Definitions

In this article:

Department shall mean the Police Department of the City of Somerville, Massachusetts

Intersection shall mean the place or area where two (2) or more streets intersect.

Owner shall mean the owner of a motor vehicle as shown on the motor vehicle registration records of the Massachusetts Registry of Motor Vehicles or the analogous department or agency of another state or country. The term "owner" includes (i) a lessee of a motor vehicle under a lease of six (6) months or more or (ii) the lessee of a motor vehicle rented or leased from a motor vehicle rental or leasing company, but does not include the motor vehicle rental or leasing company itself.

Photographic traffic monitoring system shall mean a system that:

  1. (a) Consists of a combination of multiple digital still cameras with a single synchronized time source and full motion video and vehicle sensor installed to work in conjunction with an electrically operated traffic control signal; and
  2. (b) Is capable of producing at least three (3) discreet images that depict the license plate attached to the rear of a motor vehicle, as well as an image of the operator of a motor vehicle, that is not operated in compliance with the instructions of the traffic control signal.

Recorded image shall mean an image recorded by a photographic traffic monitoring system that depicts the rear of a motor vehicle, or the operator of a motor vehicle, and is automatically recorded on a photograph or digital image.

Speed Traffic Monitoring System means a system that:

  1. (a) Consists of a combination of multiple digital still cameras with a single synchronized time source and full motion video to work in conjunction with an electrically operated speed control device; and
  2. (b) Is capable of producing at least three discreet recorded images that depict the license plate attached to the rear of a motor vehicle that is not operated in compliance with the instructions of the traffic control signal.

System location shall mean the approach to an intersection toward which a photographic traffic monitoring system is directed and in operation.

Traffic control signal shall mean a traffic control device that displays alternating red, amber and green lights that direct traffic when to stop at or proceed through an intersection.

Section 18-2. Imposition of civil penalty.
  1. (A) The Traffic Commission finds and determines that a vehicle that proceeds into an intersection when the traffic control signal for that vehicle's direction of travel is emitting a steady red signal damages the public by endangering vehicle operators and pedestrians alike, by decreasing the efficiency of traffic control and traffic flow efforts, and by increasing the number of serious accidents to which public safety agencies must respond at the expense of the taxpayers.
  2. (B) The owner of a motor vehicle is liable for a civil penalty if the vehicle proceeds into an intersection at a system location when the traffic control signal for that vehicle's direction of travel is emitting a steady red signal.
  3. (C) The civil penalty for Section 2(B) shall be set equal to Massachusetts General Law Chapter 89, Section 9. (Designation of highways as through ways; traffic control signs and devices); However, provided that for a third or subsequent offense in any 12-month period, the amount of the penalty shall be increased by $100.00.
  4. (D) The Traffic Commission finds and determines that a vehicle that travels at speeds greater than are allowed under the law damages the public by endangering vehicle operators and pedestrians alike, by decreasing the ability of motorists and pedestrians to react in time in cases of emergency and or accident avoidance efforts, and by increasing the number of serious accidents to which public safety agencies must respond at the expense of the taxpayers.
  5. (E) The owner of a motor vehicle is liable for a civil penalty if the vehicle is operated at a speed greater than allowed under the law.
  6. (F) The civil penalty for Section 2(E) shall be set equal to Massachusetts General Law Chapter 90, Section 17. (Speed limits); however, provided that for a third or subsequent offense in any 12-month period, the amount of the penalty shall be increased by $100.00.
  7. (G) A Police administration fee of 25% of the total fee assessed shall be set aside in Traffic Enforcement and Education Revolving Fund as outlined in the Massachusetts General Laws, Chapter 44, § 53E.
Section 18-3. Enforcement; procedures.
  1. (A) The Department is responsible for the enforcement and administration of this article.
  2. (B) In order to impose a civil penalty under this article, the Department shall cause to be mailed a notice of violation to the owner of the motor vehicle liable for the civil penalty not later than the 40th day after the date the violation is alleged to have occurred to: (1) The owner's address as shown on the registration records of the Massachusetts Registry of Motor Vehicles; or (2) If the vehicle is registered in another state or country, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Massachusetts Registry of Motor Vehicles.
  3. (C) A notice of violation issued under this article shall contain the following: (1) A description of the violation alleged; (2) The location of the intersection where the violation occurred; (3) The date and time of the violation; (4) The name and address of the owner of the vehicle involved in the violation; (5) The registration number displayed on the license plate of the vehicle involved in the violation; (6) A copy of a recorded image of the vehicle involved in the violation that depicts the registration number displayed on the license plate of that vehicle; (7) The amount of the civil penalty to be imposed for the violation; (8) The date by which the civil penalty must be paid; (9) A statement that a recorded image is evidence in a proceeding for the imposition of a civil penalty; (10) Information that informs the person named in the notice of violation: a. Of the person's right to contest the imposition of the civil penalty against the person in an administrative adjudication; b. Of the manner and time in which imposition of the civil penalty may be contested; c. That failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and that failure to appear at an administrative adjudication hearing after having requested a hearing is an admission of liability; and d. that failure to pay the civil penalty within the time allowed shall result in the imposition of a late-payment fee of twenty-five dollars ($25.00). (11) A statement that, if at the time and place of the violation the vehicle was being operated by a person other than the owner, if the owner is a natural person, the owner may transfer liability for the violation to the person who was operating the vehicle at that time and place if the owner submits to the City by affidavit, on a form provided by the City, or under oath at an administrative adjudication hearing the name and current address of the person: a. Operating the vehicle at the time and place of the violation; b. Who was the lessee of the vehicle at the time of the violation, if the vehicle was rented or leased from a person in the business of renting or leasing motor vehicles at that time; or c. Who was the subsequent owner of the motor vehicle, if ownership of the vehicle was transferred by the owner before the time of the violation.
  4. (D) A notice of violation under this article is presumed to have been received on the fifth day after the date the notice of violation is mailed.
  5. (E) In lieu of issuing a notice of violation, the Department may mail a warning notice to the owner that, in addition to any other information contained in the warning notice, must contain the information required by subsection (C).
Section 18-4. Administrative Adjudication Hearing
  1. (A) A person who receives a notice of violation under this article may contest the imposition of the civil penalty by requesting in writing an administrative adjudication of the civil penalty within twenty-one (21) calendar days after receipt of the notice of violation. Upon receipt of a timely request, the Department shall notify the person of the date and time of the hearing on the administrative adjudication. The administrative adjudication hearing shall be held before a hearing officer appointed by the Chief of Police.
  2. (B) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil penalty stated in the notice of violation and constitutes a waiver of the right to appeal under Section 4(k)
  3. (C) Failure to appear at an administrative adjudication hearing after having requested a hearing is an admission of liability for the full amount of the civil penalty assessed in the notice of violation and constitutes a waiver of the right to appeal under Section 4(K).
  4. (D) A person who fails to pay a civil penalty within the time allowed by this article shall be additionally liable for a late-payment penalty in the amount of $50.00.
  5. (E) The civil penalty shall not be assessed if: (1) after a hearing, the hearing officer enters a finding of no liability; or (2) within the time prescribed in the notice of violation, the person against whom the civil penalty is to be assessed submits the proof described in Section 18-3 (C)(11).
  6. (F) A person who requests an administrative adjudication hearing or who requests and thereafter fails to appear at the time and place of the hearing is liable for administrative hearing costs in the amount of fifty dollars ($50.00) in addition to the amount of the civil penalty assessed for the violation. A person who is found liable for a civil penalty shall pay the civil penalty and costs within ten (10) days of the hearing.
  7. (G) In an administrative adjudication hearing, the issues must be proved at the hearing by a preponderance of the evidence. The reliability of the photographic traffic-control signal monitoring system used to produce the recorded image of the violation may be attested to in an administrative adjudication hearing by affidavit of an officer or employee of the City or the entity with which the City contracts to install or operate the system and who is responsible for inspecting and maintaining the system. An affidavit of an officer or employee of the City that alleges a violation based on an inspection of the pertinent recorded image, is admissible in a proceeding under this article, is evidence of the facts contained in the affidavit, and is prima facie evidence of the violation alleged in the notice of violation.
  8. (H) It shall be an affirmative defense to liability under this article, to be proven by a preponderance of the evidence, that: (1) The traffic-control signal was not in proper position and sufficiently legible to an ordinarily observant person; (2) The operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer; (3) The operator of the motor vehicle violated the instructions of the traffic-control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle ; (4) The motor vehicle was being operated as an authorized emergency vehicle under Chapter 89, Section 7B, "Operation of emergency vehicles" of the Massachusetts General Laws and that the operator was acting in compliance with that chapter; (5) The motor vehicle was a stolen vehicle and being operated by a person other than the owner of the vehicle without the effective consent of the owner; (6) The license plate depicted in the recorded image of the violation was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued; (7) If the owner of the vehicle is a natural person and a person other than the owner of the vehicle was operating the vehicle and within the time prescribed in the notice of violation, the person against whom the civil penalty is to be assessed submits the proof described in Sec. 18-3 (C)(11); or (8) The presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed that would make compliance with this article more dangerous under the circumstances than non-compliance.
  9. (I) To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate had been timely reported to the appropriate law enforcement agency.
  10. (J) Notwithstanding anything in this article to the contrary, a person who fails to pay the amount of a civil penalty or to contest liability in a timely manner is entitled to an administrative adjudication hearing on the violation if: (1) The person files an affidavit with the hearing officer stating the date on which the person received the notice of violation that was mailed to the person; and (2) Within the same period required by Section 18-3 (C)(10)(b) for a hearing to be timely requested but measured from the date the mailed notice was received as stated in the affidavit filed under Subsection (I), the person requests an administrative adjudication hearing.
  11. (K) A person who is found liable after an administrative adjudication hearing may appeal that finding of liability to the Somerville District Court by filing a notice of appeal with the clerk of the Somerville District Court. The notice of appeal must be filed not later than the 31st day after the date on which the administrative adjudication hearing officer entered the finding of liability and shall be accompanied by the payment of any filing fee as determined by the court.
Section 18-5. Effect of liability; exclusion of civil remedy; enforcement.
  1. (A) The imposition of a civil penalty under this chapter is not a conviction and may not be considered a conviction for any purpose.
  2. (B) The Department may not impose a civil penalty under this article on the owner of a motor vehicle if the operator of the vehicle was arrested or was issued a citation and notice to appear by a police officer for a violation of Chapter 89, Section 9 of the Massachusetts General Laws which is also recorded by the traffic-control signal monitoring system.
  3. (C) The City Solicitor is authorized to take appropriate legal action, including but not limited to filing suit, to enforce collection of a civil penalty assessed under this article.
  4. (D) All fines issued under these sections may be recorded by a non-criminal disposition procedure promulgated in G. L. Chapter 40, Section 21D, which procedures are incorporated herein by reference; provided, however that if a person in violation fails to follow the procedures and requirements of G. L. Chapter 40, Section 21D, then the fine or fines shall be recovered by indictment or by complaint pursuant to G. L. Chapter 40, Section 21D.
Section 18-6. Severability.

If any person or subsection of this section shall be held to be invalid by a court of competent jurisdiction, then such person or subsection shall be considered separately and apart from the remaining provisions or subsections of this section, which shall remain in full force and effect.

APPENDICES

APPENDIX A. PERTINENT STATUTES
Chapter Section Provision
40 21 s.s. 14 Regulate parking of private ways
40 21 s.s. 16 Supt. Of streets may tow vehicles
40 22 Municipalities may regulate traffic
40 22A And install parking meters
40 22B And use meter funds to purchase off-street parking areas
40 22C And install meters in parking areas
40 22D Municipalities may tow illegally parked vehicles
81 19 Town has police jurisdiction over State highway
85 1 Municipalities to erect directional signs
85 2 Authority and duties of the Department
85 2A Additional authority (Department may tow vehicles interfering with snow recall)
85 2B Additional authority (may make special regulations for express State Highways)
85 2C Additional authority (towing of vehicles on State Highways)
85 10A Municipalities may designate coasting streets
85 11A Registration of bicycles
85 21A Municipalities may erect school warning signs
85 30 Heavy vehicles may be regulated - certain conditions
85 34 Protection of bridges
85 35 Liability for damage to bridges
85 36 Dropping of leaking loads
89 1 Keep to the right
89 2 Pass to the left
89 4 Keep to the right when view is obstructed
89 4A Drive in single lane
89 4B Drive in right lane when available
89 7 Certain emergency vehicles have right of way
89 7A Vehicles near fire apparatus on fires
89 8 Right-of-way law
89 9 Through ways
90 17 Speed limits
90 18 Special regulations
90 18A Pedestrian control
90 20A Violation of parking rules (penalty)
90 20A½ Municipalities may set parking fines
90 20C Excessive parking notices
90 20D Removing parking notice (penalty)
233 79F Proof of existence of public way
270 16 Disposal of garbage, etc. on a highway
397 None Establishing Traffic Commission

TEXT OF RELEVANT STATUTES:

MGL Ch. 85, § 1. Direction signs.

Except as otherwise provided in section two, every city and town shall erect and maintain on the ways therein, except state highways and ways under the control of the metropolitan district commission, at such places as are convenient for the direction of travelers and at forks or intersections of ways which lead to adjoining cities or towns, direction signs, upon which shall be stated the name of the city, town or place to which each such way leads, and the distance to the same.

MGL Ch. 85, § 2. Traffic signs or devices; rules and regulations.

The department of highways, in this chapter called the department, shall erect and maintain on state highways and on ways leading thereto and therefrom, and on all main highways between cities and towns, such direction signs, warning signs or lights, curb, street or other traffic markings, mechanical traffic signal systems, traffic devices, or parking meters as it may deem necessary for promoting the public safety and convenience and shall likewise install and maintain in accordance with the department's current manual on uniform traffic control devices , such curb, highways, street or other traffic markings as conditions may require or as may be necessary to carry out the provisions of other statutes pertaining to highway markings. The department may, from time to time, make, alter, rescind or add to rules and regulations relative to such signs, lights, signal systems, traffic devices, parking meters and markings, and may issue rules and regulations to direct, govern and restrict the movements of vehicles on all state highways and to carry out the purposes of section nine of chapter eighty-nine on highways, including state highways, which are designated thereunder by the department as through ways, with penalties for the violation thereof not exceeding twenty dollars for each offense. No such rule or regulation shall prohibit the use of passenger or station wagon type motor vehicles whose gross weight is less than five thousand pounds and which are registered for commercial use, on ways, parkways or boulevards where noncommercial passenger-type vehicles are permitted to operate. No such signs, lights, signal systems, traffic devices, parking meters or markings shall be erected or maintained on any state highway by any authority other than the department except with its written approval as to location, shape, size and color thereof, and except during such time as said approval is in effect. The department may, after notice, revoke any approval granted under this section. Except as otherwise provided in section two E, any rule, regulation, order, Regulation or by-law which excludes motor vehicles from state highways shall be invalid and of no effect. Except as hereinafter provided, any rule, regulation, order, Regulation or by-law of a city of town hereafter made or promulgated relative to or in connection with the erection or maintenance of signs, traffic control signals , traffic devices, school zones, parking meters, or markings on any way within its control shall take effect without department approval provided such of signs, traffic control signals, traffic devices, school zones, parking meters, or markings are in conformance with the department's current manual on uniform traffic control devices and the department's sample regulations for a standard municipal traffic code; provided, however, that such rule, regulation, order, Regulation or by-law shall not take effect until approved in writing by the department, or be effective after such approval is revoked, if made or promulgated relative to or in connection with the following: (1) any way at its intersection or junction with a state highway; (2) any project which is or was federally aided, in whole or in part; (3) any traffic control signal or flasher in any city or town which does not employ a registered professional engineer in the commonwealth to design, redesign or change the timing and sequence of signal or flasher; (4) any sign excluding heavy commercial vehicles ; (5) any school zone establishment or signing in relation to which the city or town intends to seek reimbursement from the commonwealth; (6) any one-way street sign not placed at an intersection of public ways; (7) any rule, regulation, order, Regulation or by-law of a city or town which when made or promulgated would exclude motor vehicle travel on any existing way which connects one city or town with another, unless such rule, regulation, order, Regulation or by-law was promulgated in compliance with the following: (a) the rule-making body of the city or town initiating such rule, regulation, order, Regulation or by-law gives written notice of such action to the chief executive officer of the abutting city, town or county into which the said way extends, and (b) a public hearing is held by the city, town, or county initiating such alteration, relocation, or discontinuance, public notice of which must be published for each of the two weeks preceding such hearing in a newspaper of general circulation in the abutting city or town into which the said way extends, and (c) after concurrence in writing by the chief executive officer of the abutting city or town into which the said way extends or his designee. Notwithstanding the foregoing, speed control signs may be established only in accordance with the provisions of section eighteen of chapter ninety. If any city or town installs and maintains any of the aforesaid traffic control devices without either requesting or obtaining the required approval or after being notified of such disapproval, or in noncompliance with said manual, the department shall withhold or withdraw the unexpended balance of any funds assigned to the said city or town under the provisions of section thirty-four of chapter ninety or sections twenty-five and twenty-six of chapter eighty-one. Any traffic control device which has not been erected or maintained in accordance with the foregoing provisions may be removed by or under the direction of the department and by stored by the department until claimed by the owner or, if not claimed within sixty days after written notice to said owner, may be disposed of at the discretion of the department. Color and arrow indications of traffic control signals shall have the commands ascribed to them in said manual. The use of the flashing white walk pedestrian signal indication, as defined in the official standards of the department, is prohibited. The superior court shall have jurisdiction in equity to enforce the provisions of this section and section one, and also sections one and four of chapter eighty-nine and any rule or regulation made thereunder or to enjoin the violation thereof. The provisions of this section shall not apply to the installation by any city or town, on any way within its boundary, of signs warning motorists of the presence of blind, deaf or otherwise handicapped children in the vicinity.

MGL Ch. 85, § 2A. Snow and ice control operations; removal of vehicles.

The department, for the purpose of insuring the free flow of traffic or for the purpose of snow and ice control operations on a state highway, may, by its own employees or with such other assistance as it may require, remove or cause to be removed to the nearest convenient place any vehicle interfering with such traffic or such operation. The department shall keep records of the registration number of each vehicle so removed and of the place to which it was removed.

MGL Ch. 85, § 2B. Limited access and express state highways; regulation of use.

The department for purpose of promoting public safety upon limited access and express state highways, may from time to time make, alter, rescind or add to regulations to exclude, govern and restrict the use of such state highways by horse-drawn vehicles, bicycles, pedestrians, and vehicles determined by the department, because of their type or because of materials or products being transported, as unsafe for limited access and express state highways, bridges, tunnels or overhead highway structures, which regulations may provide penalties for the violation thereof not exceeding thirty-five dollars for each offense, excepting regulations prohibiting the transportation of unsafe materials or products, the penalties for violation of which shall not exceed five hundred dollars for each offense. The department for the purpose of promoting public safety and convenience during periods of commuter and holiday traffic, inclement weather conditions or construction activity, or for other good cause, may promulgate rules and regulations limiting the time and hours of travel of vehicles one hundred and two inches in width, semi-trailers of forty-eight feet in length when operating in semi-trailer unit and tandem units, as defined in section one of chapter ninety, on the National Network, as defined in section nineteen F of chapter ninety, and routes of reasonable access, as designated by the department under provisions of section nineteen G of chapter ninety, or any parts thereof, and such rules and regulations may provide penalties for the violation thereof not exceeding five hundred dollars for each offense.

The state police, may, during declared weather emergencies order all trucks off the roads.

MGL Ch. 90, § 17. Speed limits.

No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public. Unless a way is otherwise posted in accordance with the provisions of section eighteen it shall be prima facie evidence of a rate of speed greater than is reasonable and proper as aforesaid (1) if a motor vehicle is operated on a divided highway outside a thickly settled or business district at a rate of speed exceeding fifty miles per hour for a distance of a quarter of a mile, or (2) on any other way outside a thickly settled or business district at a rate of speed exceeding forty miles per hour for a distance of a quarter of a mile, or (3) inside a thickly settled or business district at a rate of speed exceeding thirty miles per hour for a distance of one-eighth of a mile, or (4) within a school zone which may be established by a city or town as provided in section two of chapter eighty-five at a rate of speed exceeding twenty miles per hour. Operation of a motor vehicle in excess of fifteen miles per hour within one-tenth of a mile of a vehicle used in hawking or peddling merchandise and which displays flashing amber lights shall likewise be prima facie evidence of a rate of speed greater than is reasonable and proper. If a speed limit has been duly established upon any way, in accordance with the provisions of said section, operation of a motor vehicle at a rate of speed in excess of such limit shall be prima facie evidence that such speed is greater than is reasonable and proper; but, notwithstanding such establishment of a speed limit, every person operating a motor vehicle shall decrease the speed of the same when a special hazard exists with respect to pedestrians or other traffic, or by reason of weather or highway conditions. Except on a limited access highway, no person shall operate a school bus at a rate of speed exceeding forty miles per hour, while actually engaged in carrying school children.

MGL Ch. 90, § 18. Special regulations as to speed.

The city council, the transportation commission of the city of Boston, the board of selectmen, park commissioners, a traffic commission or traffic director or the department, on ways within their control, may make special regulations as to the speed of motor vehicles and may prohibit the use of such vehicles altogether on such ways; provided, however, that except in the case of a speed regulation no such special regulation shall be effective unless it shall have been published in one or more newspapers, if there be any, published in the town in which the way is situated, otherwise in one or more newspapers published in the county in which the town is situated; nor until after the department, and in the case of a speed regulation the department and the registrar, acting jointly, shall have certified in writing that such regulation is consistent with the public interests; provided, however, that nothing herein contained shall be construed as affecting the right of the metropolitan district commission or of the department of environmental management to make rules and regulations governing the use and operation of motor vehicles on lands, roadways and parkways under its care and control. No such rule or regulation shall prohibit the use of passenger or station wagon type motor vehicles whose gross weight is less than five thousand pounds and which are registered for commercial use on ways where noncommercial passenger type motor vehicles are permitted to operate. No such regulation shall be effective until there shall have been erected, upon the ways affected thereby and at such points as the department and the registrar, acting jointly, may designate, signs, conforming to the standards adopted by the department, setting forth the speed or other restrictions established by the regulation, and then only during the time such signs are in place. Any sign, purporting to establish a speed limit, which has not been erected in accordance with the foregoing provisions may be removed by or under the direction of the department.

Any person, corporation, firm or trust owning a private parking area or owning land on or abutting a private way, or any person, corporation, firm or trust controlling such land or parking area, with the written consent of the owner, may apply in writing to the city council, the traffic commission of a city or town having a traffic commission, the transportation commission of the City of Boston or the board of selectmen in any town in which the private way or parking area lies, to make special regulations as to the speed of motor vehicles and as the use of such vehicles upon the particular private way or parking area, and the city council with the approval of the mayor, the traffic commission of a city or town, the transportation commission of the City of Boston or the board of selectmen, as the case may be, may make such special regulations with respect to said private way or parking area to the same extent as to ways within their control and such special regulations shall not be subject to approval by the department or the registrar; provided, however, that any traffic signs, signals, markings or devices used to implement such special regulations shall conform in size, shape and color to the most current manual on uniform traffic control devices.

APPENDIX B. RELEVANT FORMS*

Included in this Appendix are the following forms:

T & P Form 1 — Residential Permit Parking Petition

T & P Form 2A — Application for Handicapped Residential Parking Space

T & P Form 2D — Application for Handicapped Residential Parking Space, to be completed by Applicant's Health Care Provider

T & P Form 3 — Traffic Calming Request Form

T & P Form 5 — Private Way Parking Petition

APPENDIX C. RELEVANT SECTIONS OF SOMERVILLE CODE
ARTICLE VII. TRAFFIC COMMISSION
Sec. 1. Established; composition; terms of appointment members.

There is hereby established in the City of Somerville, hereinafter referred to as the city, a traffic commission, consisting of the commissioner of public works, the chief of police or his designee, the chief engineer of the fire department or his designee, the chairman of the committee on traffic and parking of the board of aldermen and one member of the general public of the city appointed by the mayor and confirmed by the board of aldermen. The member appointed by the mayor shall serve for a term coterminous with the mayor, or until the qualification of a successor.

Sec. 2. Chairman; compensation of members.

The commissioner of public works shall be chairman of the traffic commission. The members of the traffic commission shall receive no compensation for their services as commissioner, but shall be reimbursed by the city for any expenses actually and necessarily incurred in the performance of their duties.

Sec. 3. Meetings; notice required.

Meetings of the traffic commission shall be held on the second Thursday of each month unless sooner necessitated for reasons of public safety, welfare or convenience, in which case a meeting may be called on motion of the chairman. Notice of meetings shall be posted according to the provisions of Section twenty-three B of Chapter thirty-nine of the General Laws and shall be sent to all commission members, the mayor, the board of aldermen and the planning director. All of said persons may attend commission meetings and present their views, but only commission members may vote.

Sec. 4. Appointment of certain positions.

Upon recommendation of the traffic commission the mayor, with the approval of the board of aldermen shall have the authority to create the position of director of traffic and parking and subordinate staff positions including parking control officers . The mayor shall, with the approval of the board of aldermen, make appointments to such positions and shall fix their compensation.

Sec. 5. Traffic director; qualifications, removal.

The traffic director shall be a traffic engineer, possessing the qualifications required for associate or full membership in the Institute of Traffic Engineers and his position shall not be subject to Chapter thirty-one of the General Laws. He may be removed for cause after a public hearing, upon a four-fifths vote of the entire board of aldermen.

Sec. 6. Board of traffic and parking—Established; composition; terms; compensation.

There is hereby established in the City of Somerville a board of traffic and parking , hereinafter referred to as the traffic board, consisting of three persons to be appointed as follows: one by the mayor for a term of one year, one by majority vote of the board of aldermen for a term of two years and one by vote of the first two members for a term of three years; provided, however, that if, after thirty days from the appointment of the first two members the third member has not been agreed to, such member shall be appointed by the mayor, subject to his confirmation by the board of aldermen. Upon the expiration of the term of a member, his successor shall be appointed for a term of three years. Members shall be eligible for reappointment. No person holding public office in said city shall be eligible for appointment. A member shall not receive any compensation for his services, but shall be reimbursed for all reasonable expenses incurred by him in carrying out his duties. The chairman of the traffic board shall be chosen by and from its membership.

Sec. 7. Same—Functions.

The traffic board shall carry out the functions prescribed in clause (b) of section three (section 8(b) of this article) and, in addition, shall be available to the traffic commission for advice and consultation with respect to all of its activities.

Sec. 8. Powers and duties.

The traffic commission shall have exclusive authority, except as otherwise provided in this Act, to take any and all of the following actions, if it determines that such actions serve the public safety, welfare or convenience. Subject to the provisions of Section two of Chapter eighty-five of the General Laws:

  1. (a) The traffic commission may adopt, alter or repeal rules and regulations, not inconsistent with General Law as modified by this Act, relative to vehicular and pedestrian traffic in the streets of the city, and to the movement, stopping, standing or parking of vehicles on, and their exclusion from, all or any streets, ways, highways, roads and parkways under the control of the city, including rules and regulations designating any way or part thereof under such control as a through way under and subject to the provisions of Section nine of Chapter eighty-nine of the General Laws. Any rule or regulation adopted under this clause, prohibiting the parking or standing of vehicles on the whole or any part or parts of one or more streets, ways, highways, roads or parkways under the control of the city, may provide that it shall not apply in such residential areas as shall be specified, and at such times as shall be prescribed, in such rule or regulation, to any motor vehicle registered under Chapter ninety of the General Laws as principally garaged in the city and owned or used by a person residing in such area, who, in the year in which such vehicle is parked or in the preceding December for such year, shall have given, by a writing executed in such form and detail as such rule or regulation shall prescribe, and filed with the chief of police, notice of intention to park in such area and shall display in a conspicuous place on such vehicle, while parked, such visible evidence of the giving of such notice as such rule or regulation shall prescribe; but neither the giving of such notice nor the issuance of visible evidence of the giving thereof shall be construed to assign any specific space to any person or vehicle. The traffic commission may, with the approval of the mayor and board of aldermen, prescribe a schedule of fines not exceeding fifteen dollars for each violation of parking regulations in the calendar year as authorized by Section twenty-C of Chapter ninety of the General Laws. All other violations of regulations adopted under the provisions of this Act, except as otherwise provided by statute, shall be subject to fives not to exceed fifty dollars for each offense as set forth in the regulations. No adoption, alteration or repeal of a regulation shall take effect until public notice of the proposed action has been given, except with respect to such special rules or regulations as are declared by the traffic commission to be urgently required for the public safety or welfare or such as are of a temporary nature and are to be effective for a period of not more than three weeks. Public notice shall be given by publication in full of the proposed adoption, alteration or repeal not less than once in each of three successive weeks in one or more newspapers published or distributed in the city. The public notice shall include a statement of the effective date of the proposed action, which shall not be less than twenty-one days following the first of the three newspaper publications.
  2. (b) Upon the filing of petitions with the traffic board by not less than fifty registered voters of the city, relative to any rule or regulation proposed to be adopted, altered or repealed, and not yet in effect, the proposed action shall be suspended, and the traffic board shall hold a public hearing thereon within two weeks of the date the petitions were filed, and shall by majority vote approve or disapprove the proposed action within two weeks following the public hearing. Upon the filing of petitions with the traffic board by not less than fifty registered voters of the city, relative to any rule or regulation which has been adopted, altered or repealed for a period of at least thirty days, the traffic board shall hold a public hearing thereon within two weeks of the date the petitions were filed and shall, following such hearing, determine by majority vote whether to avoid the adoption, alteration or repeal of the rule or regulation.
  3. (c) The traffic commission may erect, make and maintain, or cause to be erected, made and maintained, traffic signs, signals, markings and other devices for the control of traffic and parking in the city and for informing and warning the public as to rules and regulations adopted under this act, subject, however, to Section two of Chapter eighty-five and to Sections eight and nine of Chapter eighty-nine of the General Laws.
  4. (d) The traffic commission may recommend to the board of aldermen the alteration, construction, erection, installation and maintenance of street lights.
  5. (e) The traffic commission, with the approval of the mayor, may retain the services of qualified consultants when such retention is deemed necessary or advisable.
  6. (f) The traffic commission may promulgate regulations that provide that any sergeant or officer of higher rank in the police department may cause to be removed to some convenient place by towing by an independent contractor any vehicle except a vehicle owned by the Commonwealth or a political subdivision thereof or by the United States or an instrumentality thereof or registered by a member of a foreign diplomatic corps or by a foreign consular officer who is not a citizen of the United States and bearing distinctive number plate otherwise conspicuously marked as so owned or registered, and except a vehicle owned by a disabled veteran or handicapped person and bearing a distinctive number place, which is parked or standing on any part of any street, way, highway, road or parkway if in the calendar year in which such vehicle is so removed and in the preceding calendar year, five or more notices, in the aggregate, have been affixed to said vehicle, as provided in Section twenty C of Chapter ninety of the General Laws, and remain unpaid and the cost of such removal and of storage charges resulting therefrom, in accordance with the traffic regulations then in effect, shall be imposed on the owner of such vehicle. Any such vehicle so removed shall be held until all charges imposed for such removal and storage following the same have been paid and due notice has been received that the fines provided in such notices affixed to said vehicle have been paid or security for the payment thereof has been deposited. The police department shall promptly mail written notice to the registered owner of any such vehicle so removed, directed to the address furnished by the registry of motor vehicles or comparable agency of the state in which said vehicle is registered, stating the date on which such vehicle was removed, the location to which such vehicle has been removed, and a statement that such vehicle shall be released by the police on the payment of all fines, storage and towing charges due. Any such vehicle so removed shall be deemed to have been abandoned and may be disposed of in accordance with Section twenty-two C of said Chapter ninety if, within thirty days of the mailing of the notice to the registered owner as provided for herein, said owner has not paid all charges imposed for such removal and storage following the same and the fines provided in such notices affixed to said vehicle or security for the payment thereof has been deposited.

Nothing in this Act shall be construed to authorize the traffic commission to adopt, alter or repeal any rule or regulation excluding the trackless trolley vehicles or buses of a street railway or bus company from any way or part thereof in which said company has a location; or to modify or limit any power or authority of the metropolitan district commission or the departments of public works or public utilities of the Commonwealth; or to modify or limit any power or authority of the mayor, board of aldermen or of any board or head of a department with reference to the issuance of licenses or permits for the opening, using or occupying of streets and sidewalks for reasons not relating to traffic.

Sec. 9. Enforcement.

The planning director, the chief of police, the chief engineer of the fire department, the commissioner of public works, the city engineer, the city electrician and city solicitor shall be available to the traffic commission to advise on matters relating to their respective departments and shall be responsible for putting into effect the rules and regulations adopted by the traffic commission in so far as such rules and regulations relate to their respective departments. The traffic commission shall cooperate with the planning board and with such public carriers as may be authorized and licensed to render service within the city, on matters relating to traffic planning, and shall cooperate with the planning board on all matters that may relate to the need for, location, construction, erection and maintenance of public parking facilities or of private parking facilities for public use within the city. When it is necessary to coordinate with federal, state or other local agencies on matters of traffic movement and traffic planning, the traffic commission may serve as liaison for the city.

Sec. 10. Existing Regulations, orders, etc., to remain in effect.

All existing orders, Regulations, rules and regulations relating to the control of vehicular traffic , including those relating to the parking of vehicles on any streets , ways, highways, roads and parkways, under the control of the city, shall remain in full force and effect until superseded by rules and regulations adopted by the traffic commission pursuant to clause (a) of section three (section 8(a) of this article), and the adoption thereof shall not effect any act done, and right accrued, any penalty incurred or any suit, prosecution or proceeding pending at the time of such adoption.

Sec. 11. Revocation of Act after acceptance.

At any time after the expiration of two years from the date of acceptance of this Act, such acceptance may be revoked by a two-thirds vote of the board of aldermen, subject to a referendum which shall be held at the municipal election next succeeding each vote. Upon such revocation, all existing rules and regulations shall remain in full force and effect until superseded by orders, Regulations, rules or regulations adopted in accordance with the provisions of law then applicable to said city, and neither such revocation nor adoption of superseding orders, Regulations, rules or regulations shall affect any act done, and right accrued, any penalty incurred or any suit, prosecution or proceeding pending, prior to revocation or adoption.

Sec. 12. Effective date.

This Act shall take effect upon its acceptance by the City of Somerville.

TRAFFIC SCHEDULES

SCHEDULE A. BUS STOPS
Schedule A Bus Stops
Location Side From To
Beacon Street East 60 feet west of Dickinson Street Dickinson Street
Bow Street North Warren Avenue 120 feet south
Broadway North 71 feet west of Curtis Street Curtis Street
57 feet west of Boston Avenue Boston Avenue
60 feet east of Alfred Street 105 feet east of Alfred Street
William Street 55 feet east
60 feet east of Dexter Street 140 feet east of Dexter Street
340 feet west of Broadway Terrace 270 feet west of Broadway Terrace
20 feet west of Main Street 80 feet east of Main Street
30 feet east of Fellsway West 200 feet east of Fellsway West
85 feet west of Michigan Avenue 25 feet west of Michigan Avenue
20 feet east of Indiana Avenue 70 feet east of Indiana Avenue
#343 Tentatively named Broadway at School
South Garrison Avenue 64 feet east
Wallace Street Ext an additional 20 ft
Josephine Avenue 63 feet east
20 feet east of Cedar Street 90 feet east of Cedar Street
85 feet west of Hinckley Street Hinckley Street
30 feet east of Medford Street 105 feet east of Medford Street
Bartlett Street 90 feet east
145 feet east of Central Street 200 feet east of Central Street
Thurston Street 75 feet east
Cross Street 73 feet east
Glen Street 67 feet east
Lincoln Street 72 feet east
47 feet east of Mt. Vernon Street 87 feet east of Mt. Vernon Street
College Avenue East 85 feet south of Winslow Avenue 155 feet south of Winslow Avenue
East At Dearborn Rd Ext 60 ft
West Winter Street 55 feet south
Cross St West Otis St Ext 90 ft
Elm Street East 65 feet north of Hancock Street Hancock Street
60 feet west of Porter Street Porter Street
West Chester Street 70 feet south of Chester Street
Russell Street 70 feet south of Russell Street
65 feet north of Hancock Street Hancock Street
30 ft west from the rear of Antons Cleaners
Franklin St (7:00 a.m.—4:00 p.m., Mon—Fri, Sept—June) School Van Stop West 105 feet south of Palmer Av 45 feet south
Glen Street (7:00 a.m.—4:00 p.m., Mon—Fri, Sept—June) School Bus Stop East 225 feet north of Knowlton St 50 feet north
Highland Avenue North 70 feet west of Cedar Street 85 feet east of Cedar Street
80 feet west of Central Street Central Street
115 feet east of Central Street Central Street
Walnut Street 120 feet westerly
Benton Road 100 feet east of Benton Road
Prescott Street 50 feet west
School Street 110 feet east
Lowell Street 100 feet west of Lowell Street
Cherry Street 105 feet east of Cherry Street
Trull Lane 115 feet east of Trull Lane
Conwell Street 70 feet east of Conwell Street
80 feet east of Crocker Street 25 feet east of Crocker Street
40 feet east of Putnam Street 120 feet easterly
Willow Avenue 105 feet westerly
Vinal Avenue 80 feet east
South Lowell Street 65 feet east
Lowell Street 105 feet westerly
Walnut Street 115 feet westerly
Cedar Street 100 feet easterly
Cherry Street 65 feet westerly
Willow Avenue 70 feet east
Cutter Avenue 90 feet easterly
School Street 90 feet west
Vinal Avenue 50 feet easterly
Trull Lane 125 feet westerly
Conwell Street 80 feet westerly
Crocker Street 105 feet westerly
Benton Road 110 feet westerly
120 feet west of Central Street 62 feet west of Central Street
Holland Street West 220 feet north of Dover Street 140 feet north of Dover Street
West At Jay St Shift existing bus stop 60 ft north
East 180 feet north of Wallace Street 145 feet north of Wallace Street
110 feet west of Wallace Street Wallace Street
East TAB Building Teele Square (two bus stops); shift existing stops 40 ft north
East Simpson Ave 50 ft. north
Medford St School St (inbound route 80) Extend by 20 ft
Pearl Street North 105 feet east of Cross Street 185 feet east of Cross Street
( School bus stop - Sep—Jun; Mon—Fri 7:00 a.m.—9:00 a.m., 3:00 p.m.—5:00 p.m. )
Highland Avenue North 70 feet west of School Street 90 feet westerly
( School bus stop - Sep—Jun; Mon—Fri 7:00 a.m.—3:00 p.m. )
Bonair Street South 47 feet west of Cross St 47 feet west
Elm Street North 210 feet west of Cedar Street 108 feet west
Medford St Broadway Partridge Av
Glenwood Rd
Sycamore St #2836 Extend existing
Middlesex Av Opposite 120
Otis Street North 32 feet west of Cross St 74 feet west
Prescott Street West 510 feet south of Highland Avenue 570 feet south of Highland Avenue
Somerville Ave North 275 feet west of Elm St 215 feet west of Elm St
50 feet west of Lowell Street Lowell Street
Church Street 120 feet east
Summer Street South 100 feet north of Vinal Avenue Vinal Avenue
3-5 Summer
Washington St North 100 feet west of Bonner Avenue Bonner Avenue
75 feet west of Myrtle Street Myrtle Street
South 120 feet west of Railroad Bridge at Lincoln Park School Railroad Bridge
Webster Avenue 70 feet east
Webster Avenue West 50 feet west of Washington Street Washington Street
( School bus stop - Sep—Jun; Mon—Fri 8:00 a.m.—12:00 p.m. )
Webster Avenue Prior to Norfolk St
Central Street East 265 feet south of Broadway 58 feet south
SCHEDULE B. TAXICAB STANDS
Schedule B Taxicab Stands
Location Side From To
Day St
Elm St #239
Holland Street West 80 feet north of Dover Street 140 feet north
Highland Avenue South Tower Street 40 feet westerly
SCHEDULE C. LOADING/SERVICE ZONES
Schedule C Loading/Service Zones
Street Side From To Restrictions
Albion Street Both Cedar Street 200 feet east
Autumn Street Both All All
Beacon Street South 130 feet west of Forest Street 108 feet west of Forest Street 20 min Comm/5 min Pass 8:00 a.m.—10:00 p.m. Mon—Sat
20 feet east of Oxford Street Extending 30 feet 8:00 a.m.—8:00 p.m. Mon—Sat
North 20 feet east of Waldo Ave 40 feet east of Waldo Ave 8:00 a.m.—6:00 p.m.
At #353 8:00 a.m.—6:00 p.m.
288 Mon—Fri 10:00 a.m.—5:00 p.m.
75 2 hr permit 8:00 a.m.—2:30 a.m.
Berkeley Street Central Street Mon—Fri 8:00 a.m.—5:00 p.m. (space will revert back to residential permit parking only during all other days/hours except Sunday)
Bonner Avenue Both 55 feet north of Washington St Washington St
Boston Avenue West Rogers Ave 30 feet south 8:00 a.m.—5:00 p.m.
27 feet east of Rogers Ave 47 feet east 8:00 a.m.—6:00 p.m.
Boston Ave (n) Both Mystic Valley Pkwy 125 feet east
Bow St In front of Cong. Church
South #26 37 feet east
Post Office 8:00 a.m. to 6:00 p.m.
8:00 a.m.—6:00 p.m.
Broadway North 80 feet west of Westminster St 40 feet west of Westminster St
20 feet west of Bristol Rd 60 feet west of Bristol Rd
100 feet east of Bristol Rd 140 feet east of Bristol Rd
North Street 30 feet east 8:00 a.m.—6:00 p.m. (rescinded on 1-15-03)
15.5 feet west of Barton St 18 feet west 8:00 a.m.—6:00 p.m. (changed 10/04 to 8:00 a.m.—12:00 a.m.)
#105 Mon—Fri 8:00 a.m.—12 noon Spaces will be reverted to parking meters from 12:00 noon—8:00 p.m.
#1204
#1244 Monday—Saturday 9:00 a.m.—5:00 p.m.
#46A Mon—Fri 8:00 a.m. to 12:00 noon
South 46 feet west of Josephine Ave Josephine Ave 8:00 a.m.—6:00 p.m.
198'W of Sargent Ave 180.5'W of Sargent Ave 8:00 a.m.—6:00 p.m.
85.5'W of Sargent Ave 65.5'W of Sargent Ave 8:00 a.m.—6:00 p.m.
20' E of Rush St 58' E of Rush St 4:00 p.m.—6:00 p.m. Mon—Fri
#523 8:00 a.m.—6:00 p.m.
#79 8:00 a.m.—12 noon
#1141 Mon—Sat 1:00 p.m.—6:00 p.m.
#62 east of the bus stop 2 parking meters Mon—Sat 8:00 a.m.—11:00 a.m.
1161 24 hr LZ
173 East of Garfield Av 11:00 a.m.—8:00 p.m.
1127 24 hr Loading Zone 5 minute pass/20 minute commercial
#88 Loading Zone  Mon—Sat 8:00 a.m.—12 noon
Broadway Terr South Medford line Exit
Calvin Street West at Beacon St 7:00 a.m.—5:00 p.m. M—F
Carlton Street Both Somerville Avenue 80' S
Central Street SE Summer Street Somerville Avenue
Chester Street SE 160' S of Elm Street 198' S of Elm Street 8:00 a.m.—5:00 p.m. Mon—Sat
NW 20' S of Elm Street 40' S of Elm Street 8:00 a.m.—12:00 a.m.
7:00 a.m. to 11:00 a.m. Meters C221A; C220; C219: CR009:CR008; C216
Church Street West 80' N of Somerville Avenue 80' S of Somerville Avenue
East 30' N of Somerville Ave 80' S of Somerville Avenue
College Avenue West 20' N of Park Avenue 45' S of Park Avenue
East Morrison Avenue 25' S
25' N of Winslow Avenue 20' S of Winslow Avenue
Columbia St 517 Mon—Sat 8:00 a.m.—5:00 p.m., revert to RPP 5:00 p.m.—8:00 a.m.
Conwell Avenue North 40' W of Hillsdale Road Hillsdale Road 8:00 a.m.—6:00 p.m.
Cross Street East 20' S of Pearl Street 70' S of Pearl Street
25 ft south of Ellsworth St Extending 30 ft 8:00 a.m.—6:00 p.m. Mon—Sat
Cross Street #59 10:00 a.m.—2:00 p.m. Mon—Fri
Cross Street #45 To Everett Av (4 spaces) LZ 8:15 a.m.—2:15 p.m. and 2:45—-6:00 p.m. Mon—Fri and from 8:00 a.m.—6:00 p.m. on Sat
Cross St. East West 197' N of Broadway 115' N
Cross St. East Broadway in the first parking space on the odd side Mon—Sat 8:00 a.m.—12:00 p.m. (space will revert back to residential permit parking only during all other days/hours except Sunday)
Curtis Street West 40 feet north of Broadway 80 feet north of Broadway
#6
Cutter Avenue East Highland Avenue 65' S
Summer Street Elm Street
West Highland Avenue Summer Street
Dane Street West Somerville Avenue 500' N of Tyler Street
100' N of Washington Street Washington Street
Day Street West 173' S of Herbert Street 193' S of Herbert Street 8:00 a.m.—6:00 p.m. Mon—Sat
Douglas Avenue North All
Dover Street East At the 3 rd , 4 th , and 5 th meters LZ Mon—Sat 8:00 a.m.—12:00 p.m.
Edmands Street Both Rte 93 Broadway
Elm Street N-E 86' W of Chester Street 30' W of Chester Street 8:00 a.m.—5:00 p.m.
312' N of Grove Street 259' N of Grove Street
20' at Cherry Street 8:00 a.m.—5:00 p.m.
140' W of Porter Street 60' W of Porter Street 8:00 a.m.—5:00 p.m.
North 94 feet west of Cherry St 22 feet west LZ Mon—Sat 8:00 a.m.—6:00 p.m.
#63 LZ Mon—Fri 7:00 a.m.—5:00 p.m.
Foley Street SE All
Francesca Avenue North 20 feet east of College Avenue 40 feet east 15 minute limit
Francis Street North All
Franklin Street Both Franklin Avenue Washington Street
Fremont St Mon—Fri 8:00 a.m.—5:00 p.m.
George St #11 Mon—Fri 9:00 a.m.—4:00 p.m.
Glen Street West 60' S over driveway 8:00 a.m.—6:00 p.m.
Playgr Oliver Street End of Playground
Grand Union Blvd. 625 Approx. 60 feet Loading zone Mon—Sat 8:00 a.m.—8:00 p.m., 5 Minute passengers, 20 Minute commercial, actively loading/unloading.
Grant Street 337 Somerville Avenue Approx. 60 feet Loading Zone, Wednesdays 10:00 a.m.—7:00 p.m.
Grove Street East 45' N of Elm Street Elm Street
Grove Street Parking Lot behind McKinnons Market Deliveries Only
Highland Avenue 60' W of School Street 60' E of School Street
105 feet east of Crocker Street 80 feet east of Crocker Street
Walnut Street 60' E of Walnut Street
School Street 38 feet
South 151' E 181' E
95' W of Willow Avenue Willow Avenue
172' W of Central Street 72' W of Central Street
90 feet west of Cherry Street 150 feet westerly
Central Street 40' E 7:00 a.m.—11:00 p.m.
60' W of School Street 60' E of School Street
60' W of Walnut Street 60' E of Walnut Street
70 feet east of Conwell Street 90 feet easterly
55 feet west of Thorpe Street 80 feet westerly 7:00 a.m.—11:00 p.m.
#92 Mon—Sat 8:00 a.m.—8:00 p.m.
#100 10 ft east of hydrant easterly 2 ft west of driveway Mon—Sat 8:00 a.m.—6:00 p.m., 20 min pass vehicle parking
152 25 ft east
Holland Street North Winter Street 25' S of Winter Street
North 50 ft west of Simpson Av 85 ft west
75 feet south of Broadway 150 feet south of Broadway 8:00 a.m.—2:00 p.m.
Innerbelt Rd #30 Mon—Sat 8:00 a.m.—1:00 p.m.
Kensington Ave #17 19 feet 8:00 a.m.—6:00 p.m.
#17 Ext existing LZ and change hrs 9:00 a.m.—4:00 p.m.
#6 Mon—Fri 8:00 a.m.—5:00 p.m.
Lowden Avenue East 42' S of Broadway 62' S of Broadway 8:00 a.m.—6:00 p.m.
80' S of Broadway 95' S of Broadway 8:00 a.m.—6:00 p.m.
Lowell Street North Vernon Street Princeton Street
South 40' S of Vernon Street Princeton Street
231 Ext. 20 ft between curb cuts Mon—Fri 7:00 a.m.—6:00 p.m.
60' S of Albion Street 14' S (extended 25 ft 9-04)
#231 Ext 20 ft (between curbcuts) 7:00 a.m.—6:00 p.m. M/F
#229 8:00 a.m.—12:00 noon M/F
Mansfield Street East 20' S of Washington Street 50' S
Marshall Street East 128' S of Broadway Gilman Square
West 20 ft south of Broadway 40 ft
Meacham Road West Curb cut at Bright Horizons "Loading Zone Mon-Sat, 8:00 a.m.—6:00 p.m., 20 min commercial, 5 minute passenger"
Medford Street North 237' N of Norwood Avenue 169' N of Norwood Avenue 8:00 a.m.—6:00 p.m. (rescinded on 7-23-02)
Medford Street #297 30 ft, between the two curb cuts Monday-Friday 8:00 a.m.—6:00 p.m.
Medford Street #420 Monday—Friday 9:00 a.m.—4:00 p.m.
#483 Monday-Friday 8:00 a.m.—5:00 p.m.
#500 8:00 a.m.—12:00 p.m. "Live Deliveries Only"
Medford Street Adjacent to CVS Building Magoun Square Mon—Sat 7:00 a.m.—4:00 p.m. (2012-31)
Merriam Street East 20' S of Washington Street 35'S
Merriam Street East 20 ft. south of Somerville Avenue 85 ft south of Somerville Ave (Residential driveway) 24/7
Moore Street West 30 ft. south of Holland St. 90 ft. south of Holland St. 24/7
East 30 ft. south of Holland St. 65 ft. south of Holland St. 24/7
Morrison Avenue South College Avenue Grove Street
Mossland Street North 75' W of Elm Street Elm Street
Mossland Street North 20' S of Elm Street 55' S of Elm Street
Mt Vernon Street East Broadway 64' S of Broadway
Myrtle Street East 74' N of Pearl Street 85' N
New Cross Street East Broadway Mystic Avenue
Paulina Street West 62' N of Holland Street 20' N
Pearl Street Both 60' W of Walnut Street 60' E of Walnut Street
Pitman Street South Spring Street Beech Street
Prescott Street East 81' N of Summer Street 50' N of Summer Street
School Street West 60' N of Highland Avenue 60' S of Highland Avenue
Avon Street 50' S
20' S of Summer Street 60' S of Summer Street
Simpson Ave East 20 ft. north of Holland St. 50 ft. north of Holland St. 24/7
Somerville Ave North 71' E of Church Street 45' E 8:00 a.m.—6:00 p.m.
143' W of Beech Street 125' W of Beech Street 20 min Comm/5 min Pass
At #588 LZ 8:00 a.m.—10:00 p.m.
At #524 Mon—Fri 8:00 a.m.—6:00 p.m.
At #497 LZ Mon—Fri 8:00 a.m.—6:00 p.m.
South 20' E of Merriam Street 47' E of Merriam Street
200' E of Park Street 20 feet east
125 ft. east of Park Street 155 ft. east of Park Street 8:00 a.m.—10:00 p.m. Monday-Saturday
At #223 LZ
At #220 LZ 8:00 a.m.—8:00 p.m.
At #337 Somerville Avenue Mon—Sat, 8:00 a.m.—12:00 p.m.
South Street South Windsor Street Willow Place
Summer Street North 30' W of Cedar Street Cedar Street
60' W of School Street 60' E of School Street
South Cedar Street 40' E
60' W of School Street 60' E of School Street
Putnam Street 20' E 8:00 a.m.—8:00 p.m.
In front of St. Catherine's School Mon—Fri 9:00 a.m.—3:00 p.m.
381
351 Mon—Fri 7:00 a.m.—11:00 p.m.
Temple Road Both 125' N of Mystic Avenue Mystic Avenue
Thorndike Street East 20 ft. south of Holland 60 ft. south of Holland St. 24/7
Union Square North 100' W of fire house fire house
2 spaces adjacent to #15 Union Square LZ 7:00 a.m.—12 noon, will revert back to metered spaces from 12:00 noon—8:00 p.m.
Vernon Street North Bartlett Street Central Street
Vine Street Front of St. Anthony's Church 200' from Somerville Avenue
West Somerville Avenue 50 feet south
Wallace Street East 25' N of Holland Street Holland Street
Walnut Street West 40' N of Bow Street Bow Street 8:00 a.m.—11:00 a.m.
East 70' N of Pearl Street 20' N of Pearl Street 8:00 a.m.—5:00 p.m. Mon—Sat
Warren Avenue West 35' S of Bow Street Somerville Avenue
East 35' S of Bow Street Somerville Avenue
Washington Street South 25.5' E of Parkdale Street 55.5' E of Parkdale Street 8:00 a.m.—6:00 p.m.
#255—257 40' 7:00 a.m.—6:00 p.m.
#398—400 8:00 a.m.—6:00 p.m.
Washington Terr Both 30' N of Washington Street Washington Street
Webster Avenue East 60' S of Beach Avenue 48' S
#24 8:00 a.m.—6:00 p.m.
Willow Avenue West 60'N of Highland Avenue Highland Avenue 8:00 a.m.—6:00 p.m.
East 62' S of Broadway 105' S 8:00 a.m.—6:00 p.m.
East Elm St 9:00 a.m.—6:00 p.m. Mon—Sat
Windsor Street West South Street 170' S 8:00 a.m.—6:00 p.m. Mon—Sat
SCHEDULE D. PARKING LOCATION AND PROHIBITIONS
Schedule D Parking Location and Prohibitions
Location Side From To Time/Day Restrictions
Adams Street North Medford Street 40 feet east NPAT
Albion St North Centre St 20 feet east NPHTC
30 feet east of Cedar St NPHTC
Albion St South 28 feet east of Cedar St NPHTC
#83 2 Hr 8:30 a.m.—6:00 p.m.
#112 2 Hr Parking 8:00 a.m.—2:30 a.m.
Aldersey St North 33 feet west of Walnut St NPHTC
#6 Medical Pick Up/Drop Off 7:00 a.m.—5:00 p.m. (Mon—Sat)
Alpine Street South Cedar Street 65 feet east NPAT
Assembly Sq Dr Foley St, after bus stop 40 ft Pick Up/Drop Off, Mon—Sat 9:00 a.m.—4:00 p.m.
Argenziano School One space at the entrance NPAT
Austin Street West 40 feet north of Broadway Broadway NPAT
Avon Street North Extending 28 ft from Central St NPHTC (2008-20)
Avon Street At #1 Ext 20 ft NPAT
Bartlett Street North Medford Street 40 feet east NPAT
South Medford Street 25 feet east NPAT
Barton Street West 60 feet north of Broadway Broadway 2 hr limit 8:00 a.m.—6:00 p.m.
East 45 feet north of Broadway Broadway NPAT
Bay State Avenue Both Broadway 40 feet south All
Beacon Street West Somerville Ave 40 feet south of Roseland Street All
80 feet south of Roseland St 145 feet south of Roseland St All
#88 #94 (between the driveways) NPAT
SW 40 feet SE of Washington St NPHTC
31 feet west of Scott St 24 feet east of Scott St NPHTC
East Somerville Ave 180 feet south All
Concord Avenue 30 feet east All
#147 Seasonal removal of "Two Hour Parking"
Both 2 hr parking except by permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Belknap Street West 30 feet north of Broadway Broadway All
Bennett Street Both Prospect Street 40 feet east All
Benton Rd Even side 20 ft from Highland Ave Ext. 40 ft to the first driveway 2 Hr Parking 8:00 a.m.—2:30 a.m.
East Summer St Ext 40 ft NPHTC
Billingham St East Broadway 35 feet south All
Bonair St North Intersection with Walnut 30 ft to driveway NPHTC
Bond Street Both Broadway 40 feet north All
Bonner Avenue East North of Washington Street 50 ft (removing approximately 3 parking spaces) Temporary relocation of the Union Square Hubway Station.
Boston Ave East 47 feet east of Rogers Avenue 40 feet east 1 hour limit 8:00 a.m.—6:00 p.m.
Pearson Av Broadway 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
West Medford Line Broadway All
40 feet south of Broadway 100 feet south 2 hour limit 8:00 a.m.—6:00 p.m.
Boston Street North 38 feet east of Walnut St NPHTC
Boston Street West Washington Street First 4 spaces 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m., Permit Only 2:30 a.m.—8:00 a.m.
Boston Street East Washington Street First 2 spaces 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m., Permit Only 2:30 a.m.—8:00 a.m.
Bow Street North 120 feet west of Summer St Summer Street All
Wesley Park 115 feet south of Wesley Park All
50 feet north of Walnut St 40 feet south of Walnut Street All
80 feet north of Warren Ave Warren Avenue All
South 15 feet east of Bow Street Pl 100 feet east of Bow Street Pl All
60 feet west of Wesley Park 30 feet east of Wesley Park All
80 feet north of Warren Ave Warren Avenue All
16 feet west of #26 #26 All
#41 #68 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
All Sides Traffic Island at intersection of westerly end of Bow Street and Somerville Ave All
Traffic Island at intersection of Summer Street and Bow Street All
Traffic Island at intersection of Bow Street, Warren Avenue, and Somerville Ave All
Bristol Road West 85 feet north of Broadway 27 feet north of Broadway 2 hour limit 8:00 a.m.—6:00 p.m.
25ft north of Broadway Ext 60 ft 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
East 120 feet north of Broadway 40 feet north of Broadway 1 hour limit 8:00 a.m.—6:00 p.m.
40 ft north of Broadway Ext 80 ft 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Broadway North Alewife Brook Parkway 205 feet east All
Waterhouse Street 110 feet east All
Clarendon Avenue 120 feet east of Holland Street All
265 feet west of North Street North Street All
Dickson Street 40 feet east All
# 4 15 Minute Parking
57 feet west of Paulina Street Paulina Street All
Mt. Vernon Lot 2 Spaces "Parking for Electric Vehicles only"
95 feet west of Powderhouse Boulevard Powderhouse Boulevard All
235 feet west of Bristol Road 43 feet west of Bristol Road 1 hour limit 8:00 a.m.—6:00 p.m.
42 feet east of Bristol Road 122 feet east of Bristol Road 1 hour limit 8:00 a.m.—6:00 p.m.
Warner Street 85 feet east All
77 feet west of Boston Avenue 57 feet west of Boston Avenue 1 hour limit 8:00 a.m.—6:00 p.m.
Boston Avenue 360 feet east All
70 feet west of Medford St Medford Street All
50 feet west of Broadway Terrace Exit Broadway Terrace Exit All
55 feet west of Glenwood Rd 5 feet west of Glenwood Road All
10 feet east of Bartlett Street 55 feet east of Bartlett Street All
135 feet west of Langmaid Avenue 65 feet west of Langmaid Avenue All
Temple Street 125 feet east of Temple Street All
Wheatland Street Kensington Avenue All
270 feet west of Broadway Terrace Broadway Terrace All
Cross Street East 30 feet east All
57 feet east of Indiana Ave 90 feet east of Indiana Avenue All
Franklin Street 20 feet east 2 hour limit 8:00 a.m.—6:00 p.m.
50 feet west of Pennsylvania Avenue Pennsylvania Avenue All
58 feet west of Austin Street Austin Street All
310 feet west of Lombardi St 67 feet west of Lombardi Street 1 hour limit
67 feet west of Lombardi St Boston Line All
Ramp at #411 All
33.5 feet east of North St 23 feet east 2-hr limit 8:00 a.m.—6:00 p.m.
#397 #443 Do not block entrance
Wheatland St. Grant St.@ island 2 hr pkg 8:00 a.m.—6:00 p.m. Mon—Sat (recind 99-14)
#81 #87 (East Som. Police substation) Parking for Police Business Only
Opposite Temple ST NPAT
At Langmaid Av NPAT
At Fenwick St NPAT
Langmaid Av Main St Remove 17 2 hr Parking Except by Permit spaces
At Norwood 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
South 80 feet west of Waterhouse Street 60 feet west of Waterhouse Street 2 hour limit 8:00 a.m.—6:00 p.m.
40 feet east of Victoria Street 18 feet east All
Clarendon Avenue Holland Street All; no stopping
580 feet east of Holland St 780 feet east of Holland Street 7:00 a.m.—4:00 p.m.
38 feet west of Paulina Street Paulina Street All
Bay State Avenue Lowden Avenue 2 hour limit 8:00 a.m.—6:00 p.m.
36 feet east of Lowden Avenue Willow Avenue 2 hour limit 8:00 a.m.—6:00 p.m.
20 feet east of Willow Avenue 105 feet east of Willow Avenue 2 hour limit 8:00 a.m.—6:00 p.m.
63 feet east of Josephine Avenue 105 feet east of Josephine Avenue 2 hour limit 8:00 a.m.—6:00 p.m.
At Grant St NPAT
Opposite Adams St NPAT
At Mcgrath Hwy NPAT
Opposite Norwood 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
57 feet west of Rogers Ave Rogers Avenue All
Boston Avenue 400 feet east of Boston Avenue All
100 feet east of Cedar Street 135 feet east of Cedar Street All
Hinckley Street Medford Street All
40 feet west of Glenwood Rd Glenwood Road All
40 feet west of Central Street Central Street All
250 feet west of Sycamore St Sycamore Street All
195 feet east of Sycamore Street 275 feet east of Sycamore Street ½ hour limit 8:00 a.m.—6:00 p.m.
35 feet west of School Street School Street All
150 feet west of Marshall St 55 feet west of Marshall Street All
105.5 feet east of Sargent Avenue 19.5 feet east ½ hour limit 8:00 a.m.—5:00 p.m.
158 feet east of Sargent Avenue 40 feet east ½ hour limit 8:00 a.m.—5:00 p.m.
McGrath Highway MacArthur Street All
#483, for a 3 foot area at entrance All
#876—886 2 hour limit
28 feet west of Norwood Ave Norwood Ave All
70 feet east of Marshall St 38½ feet east All Pick-Up/Drop-Off only
Hinckley St Extending 40 ft NPAT
511 15 min parking
1109 2 Police Parking Only. Seasonal removal of "Two Hour Parking"
112 15 minute parking
#45 ft west of Rogers Av Ext 18 ft West
#161—165 MBTA bus stop Metered Parking space (16 ft Total) NPAT
Broadway Terrace North 250 feet west of Main Street Exit at Broadway All
Burnham Street Both 40 feet north of Broadway Broadway All
Butler Drive West 157 feet north of Memorial Road 80 feet north Sept—Jun / Mon—Fri 7:00 a.m.—3:00 p.m.
Calvin Street North 260 feet east of Beacon St 14 feet east All
Cameron Avenue NW Malvern Avenue 45 feet southwest 15 min limit Mon—Fri 8:30 a.m.—5:00 p.m.
20 feet north of Seven Pines Ave 20 feet south to corner All
SE 585 feet southwest of Holland Street 665 feet southwest of Holland Street 15 min limit Mon—Fri 8:30 a.m.—5:00 p.m.
Cedar Street West Franey Road 165 feet south All
305 feet south of Franey Rd 190 feet south All
East Franey Road 130 feet south All
265 feet south of Franey Rd 135 feet south All
Warwick Street 65 feet south All
70 feet south of Broadway All NPHTC
37 feet south of Albion St NPHTC
From the driveway @ #197 Cedar St To the corner of Clyde St NPHTC
Both Highland Avenue 50 feet north All
Franey Rd 40 ft NPAT 90 days
East Franey Rd Broadway 4 Hr expect [except] permit 8:00 a.m.—2:30 a.m.
#193 2 Hr Parking except by permit 8:00 a.m.—2:30 a.m.
East Highland Av Hudson St NPAT
Central Street SE Broadway 70 feet south All
Willoughby St 54 feet south NPAT
70 feet north of Highland Avenue 50 feet south of Highland Avenue All
Bridge deck 150 feet north All
West Broadway Summer Street All
East 20 feet south of Forster St. 20 feet north All
#201 NPAT rescinded
Summer Highland Av 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Cleveland Monmouth 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Chandler Street East Broadway 40 feet south All
Chapel Street South 187 feet west of College Ave 137 feet west of College Ave All
2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Chapel Street Both All not otherwise regulated 2 hr limit 8:00 a.m.—6:00 p.m.
Charles E. Ryan Road East Broadway 45 feet south All
West Broadway 40 feet south All
Cherry Street East Elm Street School loading dock All
Chestnut Street Both Entire Length 2 Hr. Parking except by permit 8:00 a.m.—2:30 a.m.
Fitchburg Street Permit Parking (Removed April 1 st —Nov 15) (2014-24)
Clarendon Av Broadway Opposite Weston Ave 2 Hr. Parking except by permit 8:00 a.m.—2:30 a.m.
Clark Street Both Lincoln Park Community School 5 min limit Sept—Jun / Mon—Fri 7:00 a.m.—3:00 p.m.
Cleveland Street North Central Street 120 feet west Mon—Fri 8:00 a.m.—6:00 p.m.
South Central Street 100 feet west Mon—Fri 8:00 a.m.—6:00 p.m.
Clyde Street South Cedar Street 70 feet east Mon—Fri 7:00 a.m.—7:00 p.m.
Approaching Cedar St For a distance of 20 ft NPHTC (2008-4)
College Avenue West 45 feet north of circle Circle All
Powderhouse Rotary Morrison Av 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Park Avenue Winter Street Mon—Fri 7:00 a.m.—9:00 a.m., 4:00 p.m.—6:00 p.m.; tow zone
95 feet south of Winter St Holland Street All
East 160 feet north of Warner St 80 feet north of Warner Street All
155 feet north of Highland Avenue Highland Avenue Tow Zone; All
East Dearborn Road Crosswalk north of Professors Row NPAT
College Avenue East 20 feet south of Winslow Av 19 feet south Medical Pick Up/Drop Off
#40 Bike corral (West Branch Library)
#40 15 Minute Parking (West Branch Library)
College Hill Road #33 Medical Pick Up/Drop Off Mon—Fri 8:00 a.m.—6:00 p.m.
Columbia Street Both Webster Avenue 230 feet east All
Columbia Street East #490/496 Driveway 20 feet each side NPAT
Both Cambridge City Line Webster Av 2 Hr Parking except by permit 8:00 a.m.—2:30 a.m.
Columbus Avenue South Warren Avenue 30 feet east NPHTC
Concord Avenue North 40 feet west of Prospect St Prospect Street All
South 40 feet west of Prospect St Prospect Street All
North East West of the crosswalk opposite Springfield NP
Conwell Street East Francis Street 29 feet north All
Both Highland Avenue 40 feet north All
West 260 ft south of Highland Av Ext 20 ft NPAT rescinded
Corinthian Road West Broadway 40 feet south All
Craigie Street West 10 feet south of Hillside Circle 10 feet north All
East Just south of Summer St Seasonal Removal (Mar—Nov) of (3) Resident Permit Parking Spaces for the installation of a Bluebikes station
Crocker Street East Hospital loading dock 49 feet north All
Cross Street East Broadway 36 feet south to bus stop All
66 feet south of Ellsworth St 126 feet south of Ellsworth St 2 hour limit 8:00 a.m.—6:00 p.m.
School Bus Island NP 7:00 a.m.—3:00 p.m.
West 125 feet north of Everett Avenue 65 feet north 2 hour limit 8:00 a.m.—6:00 p.m.
Cross Street East Ellsworth Street 30 feet south NPHTC
Cross Street East 30 feet south of Ellsworth St 50 feet south of Ellsworth St 30 min limit 8:00 a.m.—6:00 p.m.
Edgerly School Pick up/Drop off School Zone 7:00 a.m.—8:00 a.m. and 2:30-3:00 p.m. September—June
129 Cross Street 133 Cross Street NPAT
Broadway McGrath 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
#45 Everett Ave (4 spaces) School Drop Off/Pick Up 7:45a.m.—8:15 a.m. and 2:15 p.m.—2:45 p.m. Mon—Fri (will revert back to RPP from 6:00 p.m.—7:45 a.m.)
Cross Street E Both Broadway 65 feet north All
West Blakeley Avenue 35 feet south All
Both Blakeley Ave Mystic 2 Hr Except permit 8:00 a.m.—6:00 p.m.
Crown Street North Tower Street Crocker Street All
Curtis Street East Broadway 40 feet north All
East Powderhouse Blvd Sawyer Av No Parking 7:00 a.m.—3:00 p.m.
Cutter Avenue East 25 feet south of Highland Avenue 25 feet north All
East Existing restriction 40 ft south NPHTC
Cutter Street Both Broadway 40 feet south All
Dana St East Pearl St Otis St 4 hr parking except by permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Dane Street East 45 feet north of Tyler Street Tyler Street Tow Zone; Mon—Fri 7:00 a.m.—5:00 p.m.
Dane St East Somerville Av 60 feet south NPHTC
Dane Avenue North to bridge deck All
At the beginning of the driveway between the Extra Space Storage Facility and the Peabody Ames Day Care Center 60 ft north NPAT
McGrath Highway 2 Hour Parking Except by Permit 8:00 a.m. to 2:30 a.m.; Resident Permit Parking Only 2:30 a.m. to 8:00 a.m.
Washington Street Somerville Avenue NPAT
Dearborn Road South Medford line 40 feet south All
North Boston Avenue Pearson Road All
Dickson Street West Broadway 40 feet north All
East Broadway 45 feet north All
Earle Street Both South Street 280 feet north All
East Albion St Moreland St Fremont St Fire Lane
East Somerville Community School First parking space on the right as you enter the lot from Glen Street Police Parking Only
Edmands Street #17 Medical Pick Up/Drop Off 9:00 a.m.—11:00 a.m. and 3:00 p.m.—5:00 p.m.
Electric Avenue North Driveway at #33-35 7 feet east All
Eliot Street South 100 feet west of Properzi Way 13 feet west NPAT
Elm Street N-E Highland Avenue 110 feet south Tow Zone
Windom Street Elston Street 2 hour limit 8:00 a.m.—6:00 p.m.
Willow Street Banks Street 2 hour limit 8:00 a.m.—6:00 p.m.
132 feet northwest of Cedar Street Cedar Street 2 hour limit 8:00 a.m.—6:00 p.m.
40 feet north of Grove Street Grove Street Tow Zone
North 116 feet west of Cherry St 4 feet west NPAT
NW corner of Hancock St 40 feet NPHTC
S-W Day Street 40 feet south Tow Zone
40 feet north of Chester St Chester Street Tow Zone
Davenport Street White Street 2 hour limit 8:00 a.m.—6:00 p.m.
36 feet northwest of Mossland Street Mossland Street 2 hour limit 8:00 a.m.—6:00 p.m.
35 feet north of Bowers Ave Bowers Avenue Tow Zone
Miller Avenue Tenney Street 2 hour limit 8:00 a.m.—6:00 p.m.
At #256/258 Pick Up/Drop Off Live Parking Only
At #212 Relocate pick up/drop off zone to 256/258 Elm St
At #239 15 min limit 8:00 a.m.—6:00 p.m.
At #239 Valet Parking Only 8:00 p.m.—1:00 a.m.
Just east of White St Seasonal removal of (3) 2 hr pkg except by permit spaces (Mar—Nov) for a Blue Bikes station
Elm St Both Hancock St Cherry St 2 hour limit 8:00 a.m.—6:00 p.m.
Between Porter Square shopping driveways All
All 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Elm St Kennedy School driveway Cherry St School Pick Up Drop Off, Mon—Fri, 7:00 a.m.—3:00 p.m., Sept—June
Elmwood St NW Tannery Brook Row City Line approx. 75ft NPAT
Endicott Avenue East Broadway 40 feet south All
West Broadway 50 feet south All
Essex Street North 35 feet west of Medford St Medford Street All
South 40 feet west of Medford St Medford Street All
Evergreen Av South 37 feet west of School St NPHTC
Farragut Avenue Both Broadway 40 feet south All
Fellsway West Both Broadway 95 feet north All
Both All 2 hr Except by Permit 8:00 a.m. to 10:00 p.m. and Permit Parking Only 10:00 p.m. to 8:00 a.m.
Fenwick Street East Broadway 30 feet north All
Fenwick Street #29 Medical Pick Up/Drop Off 8:00 a.m.—4:00 p.m.
Fiske Avenue North 83 feet west of Lowell Street 57 feet west of Lowell Street All
Foley Street West Sturtevant St extending 76 feet north 202 feet north of Sturtevant St extending 72 feet north No Parking Anytime
At Assembly Sq Dr Pass Vehicle Parking Only
Middlesex Av Grand Union Blvd No Commercial Parking
#360 Pick Up/Drop Off Live Pkg Only
Foss Park Parking Lot Both All 2 Hour Parking 8:00 a.m.—8:00 p.m.
Foss Park Parking Lot South Along curb, except where designated NPAT
Franey Road North Basketball Court Cedar Street NPAT
Franey Road North East of the parking area adjacent to the basketball court Extending easterly to Charles Ryan Road NPAT
Franey Road South DPW driveway Cedar Street Back In Angle Parking for DPW Employees Only, 7:00 a.m.—4:30 p.m., Mon—Fri
20 feet north of Perkins St 20 feet south to corner All
West Broadway 68 feet south All
West 23 feet north of Palmer Ave 45 feet north 30 Min School Pick Up/Drop Off 7:00 a.m.—4:00 p.m., Mon—Fri, Sept—June
West 20 feet south of Palmer Ave 45 feet south 30 Min School Pick Up/Drop Off 7:00 a.m.—4:00 p.m., Mon—Fri, Sept—June
West 67 feet north of Palmer Av 20 feet north NPAT
West 23 feet north of Palmer Av 23 feet south NPAT
West 150 feet south of Palmer Av 28 feet south NPAT
53 Medical Pick Up/Drop Off 10:00 a.m.—6:00 p.m.
School Side Before the school bus drop off Parent Drop Off Area 7:00 a.m.—9:00 a.m., 2:00 p.m.—3:00 p.m.
Fremont Street #62 Medical Pick Up/Drop Off 8:00 a.m.—4:00 p.m.
Dead end "No Parking Anytime from December 1 st through March 31 st "
Garfield Avenue Both Broadway 45 feet north All
West Blakeley Avenue 147 feet south All
East 100 feet south of Blakeley Avenue 30 feet south All
Garrison Avenue Both Broadway 40 feet south All
George Street West Broadway 40 feet south All
Glen Street West Broadway 37 feet south All
East 83 feet south of Broadway 146 feet south Mon—Fri 8:00 a.m.—6:00 p.m.
East 200 feet south of Oliver St 45 feet South All
East 117 feet north of Knowlton St 18 feet north 30 min School Pick Up/Drop Off 7:00 a.m.—4:00 p.m., Mon—Fri, Sept—June
East 166 feet north of Knowlton St 56 feet north 30 min School Pick Up/Drop Off 7:00 a.m.—4:00 p.m., Mon—Fri, Sept—June
East 307 feet north of Knowlton St 180 feet north 30 min School Pick Up/Drop Off 7:00 a.m.—4:00 p.m., Mon—Fri, Sept—June
East 275 feet north of Knowlton St 35 feet north NPAT
In front and opposite #16 NP 8:30 a.m.—5:00 p.m.
#16 Between the 2 driveways NP 8:00 a.m.—5:00 p.m., RPP 5:00 p.m.—8:00 a.m.
Post 388 Parking lot No commercial Parking
South 80 feet Broadway Resident Permit Parking Only
Glenwood Road West Medford Street 25 feet south All
East Medford Street 40 feet south All
Gorham Street Both Howard Street 20 feet north All
Grand Union Blvd Mystic Rte 28 No Commercial Parking
Grand Union Blvd Foley St Electric Vehicle Charging Station
Grant Street Both Broadway 50 feet north All
Greenville Street South McGrath Highway 85 feet west NPHTC
Grove Street West 150 feet north of Highland Avenue Highland Avenue All
East 150 feet north of Highland Avenue 45 feet west of Highland Avenue All
West North of community path Seasonal Removal of parking meters for blue bikes installation (effective August 2, 2018)
Hall Ave Both College Av For a distance of ~80 ft 2 Hr Parking Except by permit 8:00 a.m.—2:30 a.m. and permit parking only from 2:30 a.m.—8:00 a.m.
Both College Av 30 ft NPAT
Hamlet Street North 40 feet west of Highland Avenue Highland Avenue All
South Highland Avenue Boston Street All
Hancock Street West Summer St 23 feet south NPHTC
Hancock Street East Summer St 17 feet south NPHTC
Hanson Street West Skehan Street 46 feet north All
West Durham Street 20 feet south All
West Washington Street 20 feet south All
Harding Street West South Street 100 feet south of Ward Street All
East Ward Street 100 feet south All
Both Cambridge City Line South 2 Hr Parking except by permit 8:00 a.m.—2:30 a.m.
Harrison St 43-45, 46-48 NP Anytime
Hathorn Street West Broadway 40 feet south All
Hathorn Street 20 feet south of Broadway Ext. 20 ft 15 min parking Mon-Sat, 8:00 a.m.—6:00 p.m.
Hawkins St #5 25 ft south 30 min Mon—Fri 8:00 a.m.—5:00 p.m., Sat 9:00 a.m.—1:00 p.m.
Heath Street Both Bond Street 30 feet NPHTC
Herbert Street North 20 feet east of Day Street 60 feet east of Day Street 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Highland Avenue #4 15 minute limit
Both All unless otherwise posted 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
#92, 20 feet from School Street 44 feet ½ hour limit 8:00 a.m.—6:00 p.m. (rescind 10-15-03)
South East Intersection with Grove Street NPAT
#18 Two Hour Parking except by permit 8:00 a.m.—2:30 a.m.; Permit Parking only 2:30 a.m.—8:00 a.m.
#316, 90 feet from Cherry Street 47 feet ½ hour limit 8:00 a.m.—6:00 p.m.
#152 15 Minute limit 6:00 p.m.—11:00 p.m., Mon—Sat
#191 Remove two 2 hour parking spaces for a bike corral and Hubway station
North College Avenue 110 feet east of College Avenue Tow Zone
265 feet east of College Ave 305 feet east of College Avenue Tow Zone
40 feet west of Grove Street Grove Street Tow Zone
37 feet west of Ellington Rd Ellington Road All
West Street 20 feet east NPAT
City Hall Exit Driveway 30 feet east All
School Street 70 feet west All
Central Street 35 feet west All
Conwell Street 75 feet west All
Cedar Street 100 feet east All
114 feet east of College Av 160 feet No Parking Mon—Fri 4:00 p.m.—6:00 p.m., Tow Zone
122 ft wet of Walnut St Extending 100 ft 2 Hour Parking, Library Patrons Only, 9:00 a.m.—9:00 p.m., Mon—Sat
South College Avenue 150 feet east Tow Zone
265 feet east of College Ave 325 feet east of College Avenue Tow Zone
50 feet west of Grove Street Grove Street Tow Zone
65 feet west of Hamlet Street 110 feet east of Hamlet Street All
Eastman Road 65 feet west ½ hour limit M—F 8:00 a.m.—6:00 p.m.
Conwell Street 45 feet east All
20 feet east of Spring Hill Terr. 20 feet west All
270 feet west of Lowell Street 49 feet west ½ hour limit 8:00 a.m.—6:00 p.m.
29 feet east of Hamlet St NPHTC
29 feet east of Hamlet St Extending 60 feet east 15 min parking
63 feet west of Hamlet St Extending 22 feet west 15 min parking Mon—Sat, 11:00 a.m.—10:00 p.m.
#290 30 Minute Parking, Mon—Sat 8:00 a.m.—6:00 p.m., 2 hour parking except by permit Mon—Sat 6:00 p.m.—2:30 a.m.; permit parking only 2:30 a.m.—8:00 a.m. (3 spaces)
#411 Pick Up/Drop Off Live Parking Only 5:00 p.m.—8:00 a.m.
Highland Avenue North Opposite Putnam St. City Hall driveway City Hall or School Permit Parking Only 7:00 a.m.—9:00 a.m., 2 hr Parking Except by Permit 9:00 a.m.—2:30 a.m., and Permit Parking Only 2:30 a.m.—7:00 a.m.
Highland Avenue North Entrance to Somerville High School driveway Exit to Somerville High School driveway City Hall or School Permit Parking Only 7:00 a.m.—9:00 a.m., 2 hr Parking Except by Permit 9:00 a.m.—2:30 a.m., and Permit Parking Only 2:30 a.m.—7:00 a.m.
#241 30 Minute Parking 8:00 a.m.—6:00 p.m. except Sundays and Holidays
Hill Street West Broadway 30 feet north All
Hinckley Street Both Broadway 40 feet south All
East Broadway 50 feet south NPAT
Holland Street South Broadway Buena Vista Rd All
Winter Street 33 feet west 15 min limit
80 feet north of Dover Street Dover Street All
Dover Street Day Street Tow Zone
#194 #198 1 hour parking
West of Cameron Av Extending 15 ft NPAT
North Broadway 170 feet south All
20 feet east of Paulina Street 135 feet east ½ hour limit 8:00 a.m.—5:00 p.m.
Simpson Avenue 20 feet south NPAT
330 ft. west of Paulina 345 ft. west of Paulina NPAT
150 feet north of College Avenue College Avenue All
Meter #C421 40 feet east All
#30 Pick Up/Drop Off Live Parking Only 5:00 p.m.—8:00 a.m.
#227 Holland Street 2 hour parking spaces removed. Bike Share station
Opposite Cameron Av For a distance of 60 ft NPAT
Both All unless otherwise posted 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Holyoke Road West West leg, Elm St 23 feet south NPHTC
Holyoke Road West East leg, Elm St 26 feet south NPHTC
Homer Square Both 12 Homer Square 14 Homer Square All
Horace Street East Ward Street South Street All
West Ward Street 30 feet north All
South Street 20 feet north All
Both Ward St Cambridge City Line 2 Hr Parking except by permit 8:00 a.m.—2:30 a.m.
Howard Street North Gorham Street 30 feet east All
Jay Street 25 feet east of Jay Street All
Hudson Street South #137 12 feet south All
Hunting Street West South Street 30 feet south All
Both Cambridge City Line South St 2 Hr Parking except by permit 8:00 a.m.—2:30 a.m.
Indiana Av West Broadway Ext. 50 ft North 2 Hr Parking except by permit 8:00 a.m.—2:30 a.m.
Innerbelt Road Both 369 feet south of Third Ave Dead end All
East Washington Street 100 feet south All
Ivaloo Street North Harrison Street Park Street 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Jacques Street North #143 28 feet All
38 feet east of Temple St. 38 feet west to corner All
South 28 feet east of Temple St. 28 feet west to corner All
Joseph St #22 Medical Pick Up/Drop Off, Mon—Fri 8:00 a.m.—9:00 a.m. and 3:00 p.m.—4:00 p.m.
Josephine Avenue West Broadway 78 feet south 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Joy St Both Entire Length 2 Hr Parking except by permit 8:00 a.m.—2:30 a.m.
Kenneson Road West Broadway 25 feet south All
Kensington Avenue East Blakeley Av 40 feet No permit required 8:00 a.m.—6:00 p.m.
West Blakeley Av 84.5 feet No permit required 8:00 a.m.—6:00 p.m.
Property line of 17/21 No permit required 8:00 a.m.—6:00 p.m.
Kent Street East Loading Bay @ 14 Kent St Extending 40 feet north No Parking 8:00 a.m.—8:00 p.m.
Kent Street West Rear of 620 Somerville Av Extending 20 ft south No Parking 8:00 a.m.—8:00 p.m.
Langmaid Avenue East Broadway 100 feet north All
Laurel Street East 30 feet north of Laurel Terr Laurel Terrace All
West Laurel Terrace 20 feet south All
Both Summer Street 25 feet south All
Both Somerville Av Driveway entrance to hotel NPAT
Lee Street North 35 feet west of Medford St Medford Street All
South 40 feet west of Medford St Medford Street All
Leonard Street Both Broadway 40 feet north All
Lesley Avenue East All All Dec 31—Mar 31 1:00 a.m.—6:00 a.m.
Liberty Avenue East Broadway 40 feet south All
Lincoln Parkway South South side of Lincoln Park Community School driveway No stopping
Lincoln Street West Broadway 40 feet south All
Broadway 15 Minute Parking 8:00 a.m.—6:00 p.m.
Linden Street East Somerville Avenue 75 feet south All
Linden Street West All NPAT
Linwood Street North 275 feet south of Poplar St 426 feet south of Poplar Street All
South Poplar Street 200 feet south All
308 feet south of Poplar St 95 feet south All
NE corner McGrath Hwy 40 ft NPHTC
Chestnut Joy NPAT
Lombardi Street West Broadway Route 93 off-ramp All
East Broadway Mystic Avenue All
Loring St. West Somerville Ave Driveway at #2 30 minute parking 10:00 a.m.—8:00 p.m., RPP 8:00 p.m.—10:00 a.m.
Lowden Avenue West Broadway 20 feet south 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
East 20 feet south of Broadway 40 feet south 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Lowell Street East Medford Street 40 feet south All
Vernon Street 40 feet south Tow Zone
60 feet north of Albion Street 40 feet south of Albion Street All
Highland Avenue 55 feet north All
Somerville Av 100 ft northerly 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Richardson St Medford St 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Lowell Street East South of Albion St Ext an additional 40 ft NPHTC
Lowell Street West Highland Avenue Lowell St Bridge No Parking This Side of Street
East In front of VNA 50' before Lowell St Bridge Con Site For the duration of bridge Reconstruction No pkg 8:00 a.m.—4:00 p.m. Mon/Fri
228 2 Hr Parking except by Permit 8:00 a.m.—2:30 a.m.
#278 NPAT
West Lowell Street South of Wilton Street For a distance of 20 feet from the existing fire line
Magnus Ave #16 Medical Pick Up/Drop Off Tues, Thurs, Sat 9:00 a.m.—5:00 p.m.
Magoun Sq Lot Driveway at Medford St 25 ft SW NPAT
Magoun Sq Lot 2 Spaces "Parking for Electric Vehicles only"
Main Street East Fremont Street 15 feet south All
62 feet east of Fremont St Ext 28 feet east NPAT
50 feet north of Broadway Broadway All
20 feet east of Moreland St NPHTC
Edgar Av 53 feet south NPAT
West Broadway 105 feet north All
Edgar Av 100 feet north NPAT
Both Medford City Line 80 ft South 2 Hr Parking except by permit 8:00 a.m.—2:30 a.m.
Maine Avenue Both All All 8:00 a.m.—5:00 p.m.
Mansfield Street West Washington Street First 2 spaces 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m., Permit Only 2:30 a.m.—8:00 a.m.
Marshall Street West 35 feet north of Pearl Street Pearl Street All
Mason Street Both Broadway 40 feet north All
McGrath Hwy Both Washington St Somerville Av NPAT
McGrath Hwy South Prospect Hill Washington St NPAT
Meacham Road West 55 feet northeast of Lester Terrace 270 feet northeast of Lester Terrace 2 Hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
42 feet west of Dover Street Dover Street All
East 95 feet northeast of Glover Circle 190 feet northeast of Glover Circle 2 Hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Meacham Street South School Lot Edgar Ave No Parking  7:00 a.m.—3:00 p.m. Mon—Fri, Sept—June
Medford Street North Medford Line 55 feet south of Broadway All
Trull Street Partridge Avenue 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m., Permit Only 2:30 a.m.—8:00 a.m.
35 feet east of Bartlett Street 80 feet east of Bartlett Street 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m., Permit Only 2:30 a.m.—8:00 a.m.
At Bartlett St South side NPAT in advance of the crosswalk
Central Street 60 feet east of Central Street All
Sycamore Street 100 feet east of Sycamore St All
60 feet west of School Street 60 feet east of School Street All
30 feet west of Walnut Street Walnut Street All
340 feet west of McGrath Highway McGrath Highway All
Ward Street 30 feet south All
Lowell St (at the new crosswalk) 20 ft south NPAT
Exit driveway at CVS Extend existing 20 ft restriction to 40 ft NPAT
At Thurston St 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m., Permit Only 2:30 a.m.—8:00 a.m.
Opp. Thurston St 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m., Permit Only 2:30 a.m.—8:00 a.m.
60 ft beyond School St Ext west NPAT
South Broadway 45 feet east All
45 feet west of Lowell Street 20 feet west of Lowell Street All
55 feet west of Thurston St Thurston Street All
159 feet north of South St South Street All
60 feet west of School Street Highland Avenue All
514 15 min for 90 days
532 15 min parking
East Ward Street Warren Avenue Bike lane
West South of Ward Street Somerville Avenue (Cambridge City Line) Bike lane
North Washington St Somerville Av NPAT
South Prospect Hill Washington St NPAT
Both All unless otherwise posted 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Melvin Street East Broadway 35 feet south All
Memorial Road North Butler Drive 100 feet west 5 min limit Sept—Jun / Mon—Fri 7:00 a.m.—3:00 p.m.
Merriam Street West Somerville Ave Charlestown St NPAT
East 70 feet north of Somerville Avenue Somerville Avenue All
Merriam Street West Washington Street First 2 spaces 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m., Permit Only 2:30 a.m.—8:00 a.m.
Middlesex Ave ~80 ft south of the Fellsway Cummings Street Diagonal Parking
Miller Street North Beacon Street 121 feet north All
Corner 20 feet south All
South Beacon Street 83 feet north All
Corner 30 feet east All
Sacramento Street 30 feet west All
Monmouth Street North Central Street 267 feet west Dec 1—Mar 31 1:00 a.m.—6:00 a.m.
Munroe Street SW 45 feet NW of Prospect Hill Pkwy NPHTC
Munroe St NE Walnut St 140 ft NW of Bigelow St NPAT
SE 30 feet SE of Prospect Hill Pkwy NPHTC
Montgomery Ave Both Broadway 45 feet south All
Morrison Avenue North 45 feet west of Morrison Pl 65 feet west All
South Grove Street Willow Avenue All
225-227 NPAT (2011-47)
Willow Av Josephine Av Pick up/Drop off School Zone 7:00 a.m.—8:00 a.m. and 2:30 p.m.—3:00 p.m.
Cross Street Pick up/Drop off School Zone 7:00 a.m.—8:00 a.m. and 2:30 p.m.—3:00 p.m.
Mossland Street North 125 feet north of Somerville Avenue Somerville Avenue All
South Somerville Avenue 50 feet north All
Point of curvature 30 feet north All
Mt. Pleasant St West Broadway 40 feet south All
Mt. Vernon St West Broadway 45 feet south All
East Perkins Street 40 feet south All
#94 Medical Pick Up/Drop Off, Mon—Fri 9:00 a.m.—5:00 p.m.
Munroe St South 20 ft west of Prospect Hill Pkwy Ext. 560 ft 2 Hr Parking except by permit 8:00 a.m.—8:00 p.m. and permit parking only 8:00 p.m.—8:00 a.m.
Myrtle Street East 72 feet south of Pearl Street 37 feet south 5 minute pick up/drop off zone
Myrtle Street #69 Medical Pick Up/Drop Off Mon—Fri, 7:00 a.m.—4:00 p.m., Sept—June
Mystic Avenue Both All All All
Nashua Street East 20 feet south of Richardson St. 20 feet north All
Nashua Street #20 No Parking between DW
New Rd Grand Union Blvd Mystic Av No Commercial Parking
New Hampshire Avenue Both All All 8:00 a.m.—5:00 p.m.
New Washington From 2-hr parking signs To approx 150/200 ft from Wash St to innerbelt NPAT Commercial Veh
All No Parking 12AM to 7AM
Newbury Street #6 2 Spaces "Parking for Electric Vehicles only"
Newton Street North Webster Avenue Prospect Street All
South Webster Avenue 130 feet east All
New Washington St 2 hr parking except by permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Norfolk Street South 129 feet west of Webster Av 100 feet west NPAT
Norfolk Street North 169 feet west of Webster Av 100 feet west NPAT
North Union Street East 107 feet north of Mystic Ave 216 feet north All
West 185 feet north of Mystic Ave 132 feet north All
Oliver St South 20 feet east of Glen St 80 feet east 30 Min School Pick/Up Drop Off 7:00 a.m.—4:00 p.m., Mon—Fri, Sept—June
Packard Av Powder House Blvd Professors Row Permit Parking Only 1:00 a.m.—8:00 a.m.
Park Street East Somerville Ave 200 feet south All
51 feet north of Beacon St NPHTC
Railroad Track Extending 80 ft. towards Somerville Ave NPAT
Railroad Track Extending 80 ft. towards Beacon St NPAT
West Somerville Avenue Boston & Maine RR All
Partridge Avenue North Medford Street 45 feet east All
South Medford Street 25 feet east All
Paulina Street West 42 feet north of Holland Street 600 feet north ½ hour limit 8:00 a.m.—6:00 p.m.
Pearl Street South Medford Street Bradley 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
#240 NPAT
Pennsylvania Ave West Broadway 40 feet north All
Perkins Street North 28 feet west of Mt. Pleasant St 46 feet east of Mt. Pleasant St. All
South Mt. Pleasant St 26 feet west All
Poplar St Both Entire Length 2 Hr Parking except by permit 8:00 a.m.—2:30 a.m.
Powder House Blvd West 30 feet west of Hardan Road Hardan Road All
Curtis Street 53 feet east All
160 feet north of Broadway Broadway All
East Hardan Road 120 feet east All
70 feet north of circle Circle All
Powder House Terrace North 80 feet northwest of Liberty Avenue 180 feet northwest of Liberty Avenue All
Prescott Street East 429 feet south of Highland Avenue 66 feet south All
West 438 feet south of Highland Avenue 72 feet south All
570 feet south of Highland Avenue 40 feet south Residential Permit Parking
Preston Road West End (#44) 17 feet north NPAT
Properzi Way West 125 feet south of Eliot Street 210 feet south of Eliot Street Tow Zone Mon—Fri 7:00 a.m.—5:00 p.m.
232 feet from Somerville Ave 160 feet ½ hour limit 8:00 a.m.—5:00 p.m. rescinded 11-04, replaced with 1 hour limit 8:00 a.m.—5:00 p.m. rescinded 4-05
West Beacon St Northerly ~ 150 ft NPAT
West Somerville Av Tyler St 2 Hr parking 8:00 a.m.—8:00 p.m. Except by Residential Permit Parking Only 8:00 p.m.—8:00 a.m.
West 20 ft from Tyler St North direction of 20 ft NPAT
East 45 ft from existing permit restriction
Prospect Hill Ave North 20 feet west of McGrath Hwy NPHTC
Prospect Hill Pkwy North Stone Avenue Munroe Street All
Prospect Street Both Washington St Newton Street All
Raymond Avenue South 420 feet west of Curtis Street 200 feet west Sept—Jun / Mon—Fri 7:00 a.m.—3:00 p.m.
Revolution Drive #375 Meters K156 K157 will be Valet Parking Only from 4:00 p.m.—11:00 p.m., Mon—Sun
Rogers Avenue West 27 feet south of Broadway Ext 20 ft 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
East 20 feet south of Boston Avenue Ext 80 ft 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Rossmore Street East Washington Street First space 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m., Permit Only 2:30 a.m.—8:00 a.m.
Rossmore Street West Washington Street First two spaces 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m., Permit Only 2:30 a.m.—8:00 a.m.
Sacramento Street East Beacon Street 89 feet north All
Sargent Avenue East Broadway 40 feet south All
School Street West Broadway 60 feet south All
60 feet north of Medford St 45 feet south of Medford Street All
Richdale Avenue 80 feet to bridge deck 15 min limit Mon—Fri 8:30 a.m.—5:00 p.m.
Highland Ave Opposite Madison Ave City Hall or School Permit Parking Only 7:00 a.m.—9:00 a.m., 2 hr Parking Except by Permit 9:00 a.m.—2:30 a.m., and Permit Parking Only 2:30 a.m.—7:00 a.m.
58 feet north of Evergreen Ave Evergreen Ave All
Knapp St Somerville Ave 2 hr Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
23 feet south of Evergreen Ave NPHTC
#73 Ext 20 ft NPAT
#75 Ext 20 ft NPAT
East Broadway 60 feet south All
85 feet south of Evergreen Ave 105 feet south of Evergreen Ave Mon—Sat 9AM-11PM
Summer Street 40 feet south ½ hour limit
#212 For a distance of 40 ft 2 Hour Parking Except by permit 8:00 a.m.—2:30 a.m.
West Landers St Somerville Ave 2 Hour Parking except by permit 8:00 a.m.—2:30 a.m.
#164 2 Hour Parking except by permit 8:00 a.m.—2:30 a.m.
Seven Pines Avenue North 20 feet west of Cameron Ave 20 feet east to corner All
Shore Drive Mystic Av Puritan Rd 2 Hour Parking Except by permit 8:00 a.m.—2:30 a.m.
Simpson Ave #33 Medical Pick up/Drop off Mon—Fri 8:00 a.m.—6:00 p.m.
Somerville Ave North Mossland Street 350 feet east All
Granite Street School Street 1 hour limit 8:00 a.m.—5:00 p.m.
100 feet east of Carlton St Corner of Bow Street All
200 feet east of Hawkins St 250 feet east of Prospect Street All
310 feet west of Merriam St 140 feet west of Merriam Street All
100 feet west of Merriam St 145 feet east of Merriam Street All
Medford Street Linwood Street All
208 feet east of Washington Street 118 feet east NPAT
From driveway @ Elm St To corner (App. 30 ft) NPHTC
South 150 feet west of Mossland Street 150 feet east of Beacon Street All
100 feet east of Church Street 20 feet west of Carlton Street ½ hour limit 8:00 a.m.—6:00 p.m.
20 feet west of Carlton Street 115 feet east of Carlton Street All
135 feet west of Hawkins Street 95 feet west of Hawkins Street 15 minute limit 8:00 a.m.—6:00 p.m.
30 feet west of Hawkins St 24 feet east of Hawkins St All
40 feet west of Dane Street Dane Street All
400 feet west of Prospect St 300 feet west of Prospect Street All
190 feet west of Prospect St 250 feet east of Prospect Street All
90 feet west of Linden Street 50 feet east of Linden Street All
Medford Street Linwood Street All
329 15 min Parking
497 15 min Parking
283 15 min parking
#337 Pick up/Drop off Live Parking only, Mon—Sat 12:00 p.m.—8:00 a.m.
#515 NPAT Hotel Pick Up/Drop Off Zone
Behind the Ice Rink 2 hour Parking 8:00 a.m.—6:00 p.m. except by business permit; 2 hour sporting event parking only 6:00 p.m.—12:00 a.m.; and Resident Permit Parking Only 12:00 a.m.—8:00 a.m.
Behind the Ice Rink Electric Vehicle Charging Station (2 spaces)
Both All unless otherwise posted 2 hour Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
South Street North Windsor Street Medford Street All
South 5 feet west of Horace Street 10 feet east of Horace Street All
Both Horace St Windsor St 2 Hour Parking except by permit 8:00 a.m.—2:30 a.m.
Spring Street East Summer Street 40 feet south All
Both Somerville Av 75 ft (rear driveway of Bakery) NPHTC
Strathmore Road West Broadway Medford Line All
Sturtevant St Even Foley Street Mystic Avenue All
Summer St North 60 feet west of Cutter Ave 40 feet east of Cutter Ave All
North Spring Street Prescott Street Rescinds the "No Parking" restrictions on the South side
200 feet north of Bow Street Bow Street All
St. Catherine's Church 40 feet east All
South 150 feet west of Cutter Ave Cutter Avenue All
200 feet north of Bow Street Bow Street All
South Church St Quincy St 2 Hour Parking except by permit 8:00 a.m.—2:30 a.m.
#40 2 Hour Parking except by permit 8:00 a.m.—2:30 a.m.
School St Prescott St 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Summit Avenue South 37 feet west of Walnut St NPHTC
Sunset Road #17 Medical Pick Up/Drop Off 8:00 a.m.—4:00 p.m.
Sycamore Street West 56 feet south of Richdale Avenue 43 feet south All
North of Medford St One space on the west side ext 40 ft north and 2 spaces on the east side ext 60 ft NPAT
Willoughby St 125 feet north All
Tannery Brook Row
Temple Street West Broadway 65 feet north All
East Mystic Avenue 118 feet south All
Derby Street 107 feet south All
Broadway 35 feet north All
Broadway Mystic Av 2 Hour Parking except by permit 8:00 a.m.—2:30 a.m.
Tenny Court Both Mystic Avenue 27 feet north All
Tennyson Street South 40 feet west of Medford St 40 feet east of Medford St All
North 25 feet west of Medford St 40 feet east of Medford St All
Third Avenue South 395 feet east of Innerbelt Rd 40 feet east All
Thurston Street West Broadway 40 feet south All
30 feet north of Medford St 35 feet south of Medford St All
East 126 feet south of Evergreen Ave 16 feet south All
30 feet north of Medford St 40 feet south of Medford St All
Just south of Evergreen Av Seasonal Removal (Mar—Nov) of (2) Resident Permit Parking Spaces for the installation of a Bluebikes station
Both Medford St 50 ft north 2 Hr Parking except by permit 8:00 a.m.—2:30 a.m.
Tremont Street East 211 Tremont Street A distance of approximately 20 feet opposite the Housing Complex Fire Lane
Tufts Street West Cross Street Washington St All
Tyler Street South 90 feet west of Dane Street Dane Street Tow Zone 7:00 a.m.—5:00 p.m.
North Tower Court 60 feet east Tow Zone 7:00 a.m.—5:00 p.m.
South Properzi Way Loading Dock 2 Hour parking 8:00 a.m.—8:00 p.m. Except by Residential Permit Parking Only 8:00 p.m.—8:00 a.m.
South Loading dock Ext east to the NPHTC 2 Hour parking 8:00 a.m.—8:00 p.m. Except by Residential Permit Parking Only 8:00 p.m.—8:00 a.m.
North Tower Court Properzi Way 2 Hour Parking 8:00 a.m.—8:00 p.m. Except by Residential Permit Parking Only 8:00 p.m.—8:00 a.m.
Vermont Avenue Both All All 8:00 a.m.—5:00 p.m.
Vernon St South Lowell St First two spaces in easterly direction NPAT
Central St End of Rogers Foam property 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Walnut Road Even #6 #8 Mon—Fri 8:00 a.m.—10:00 a.m. and 2:00 p.m.—4:00 p.m.
Walnut Street West Broadway 40 feet south All
200 feet north of Medford St 40 feet south of Medford Street All
Giles Park 60 feet south All
40 feet south of Summit Av NPHTC
45 feet south of Aldersey St NPHTC
50 ft north of Medford St Driveway @ #299-303 Medford St NPAT
Highland Av Medford St City Hall or School Permit Parking Only 7:00 a.m.—9:00 a.m., 2 hr Parking Except by Permit 9:00 a.m.—2:30 a.m., and Permit Parking Only 2:30 a.m.—7:00 a.m.
East Medford Street 45 feet south All
76 feet south of Gilman St 76 feet north to corner All
Bow St Sanborn Av 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Ward Street North Horace Street 40 feet west Mon—Fri 8:00 a.m.—5:00 p.m.
Both Harding Street 100 feet east All
Warner Street North Medford Line Pearson Road All
Warren Avenue Both Somerville Ave Bow Street All
Warren Avenue East Columbus Ave 30 feet south NPHTC
Warren Avenue Odd #13/25 25 feet south of exit DW NPAT
Warwick Street #20-26 No Parking between DW
Washington St North 149 feet east of Hawkins St 81 feet east 2 hour parking 8:00 a.m.—6:00 p.m. Mon—Sat
100 feet east of Kingman Rd Webster Ave All
Prospect St 100 feet west of Boston St All
29 feet east of Washington Ave Washington Ave All
40 feet south of Beacon St NPHTC
60 feet west of Webster Av 20 feet east of Kingman Rd No Parking Mon—Fri 6:30 a.m.—9:30 a.m. & 3:30 p.m.—6:00 p.m.
South 80 feet west of Rose St Rose St All
25 feet east of Kingman Rd Webster Ave All
Somerville Avenue 225 feet east of Prospect St All
100 feet east of Mansfield St McGrath Highway All
40 feet north of Beacon St NPHTC
Rose St Parkdale St 2 hour limit 8:00 a.m.—6:00 p.m.
Rossmore St Mansfield St NPAT
opposite Rossmore St 80 ft. (4 parking spaces total) 15 Minute Parking 8:00 a.m.—10:00 p.m. and Permit Parking Only 10:00 p.m.—8:00 a.m.
Opposite Inner Belt Road Remove (1) 2 hr parking X by permit space
At Myrtle St Remove (1) 2 hr parking X by permit space
Mansfield St McGrath Hwy No Parking 7:00 a.m.—10:00 a.m. and 4:00 p.m.—7:00 p.m.
Both Crescent Street Pinckney Street 2 hour limit 8:00 a.m.—6:00 p.m.
North Columbus Avenue Merriam Street 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m. and Resident Permit Parking Only 2:30 a.m. to 8:00 a.m.
400 feet west of Inner Belt Road Inner Belt Road 2 hour limit 8:00 a.m.—6:00 p.m.
#268 15 minute limit
Washington Street Parking Lot Permit Parking Only Mon—Fri 7:00 p.m.—7:00 a.m. & Saturdays
North East of Myrtle Street Seasonal removal (March—November) for the installation of Blue Bikes station)
North East Washington Terrace Bike Corral
Front ramp of the Police Station To the back parking lot Parking for Police Vehicles Only
Both All unless otherwise posted 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Watson Street West Broadway 40 feet north All
East Broadway 45 feet north All
Webster Avenue West 150 feet south of Washington St 270 feet south Mon—Sat 7:00 a.m.—6:00 p.m.
75 feet north of Newton St 20 feet north of Newton St Mon—Fri 7:00 a.m.—6:00 p.m.
Newton Street Prospect Street All
39 feet south of Norfolk St 100 feet south NPAT
East 150 feet south of Washington Street 284 feet south Mon—Sat 7:00 a.m.—6:00 p.m.
Newton Street Prospect Street All
Columbia Avenue 92 feet south NPAT
149 feet south of Norfolk St 100 feet south NPAT
All sides Traffic island at intersection of Webster Avenue and north side of Washington Street All
Prospect Hill Academy NP School Pick Up/Drop Off 7:00 a.m.—9:00 a.m. & 2:00 p.m.—4:00 p.m. Mon—Fri / Sept—June
Prospect Street Cambridge City Line Removed existing parking spaces, with the exception of the Handicapped Parking space at 61 Webster Avenue, for the installation of a bike lane
East South of Everett Street Bike Corral
Wesley Park Both 100 feet north of Bow Street Bow Street All
Wesley Park 3 spaces at dead end NPAT
Westminster St West Broadway 40 feet north All
West Somerville Neighborhood School 20 ft on either side of the crosswalk at the main NPAT
Westwood St Central St End of Somerville Museum 2 Hour Parking Except by Permit 8:00 a.m.—2:30 a.m. and RPP only 2:30 a.m.—8:00 a.m.
Wheatland Street Both Broadway 85 feet north All
West Mystic Av 60 ft south 30 min parking 8:00 a.m.—8:00 p.m. permit parking only
Willow Avenue West Broadway 89 feet south All
Morrison Avenue 40 feet south 30 min limit 8:00 a.m.—6:00 p.m.
Bike path 48 feet north All
Highland Avenue 55 feet south All
East Broadway 62 feet south All
Bike path 64 feet south All
West Loading Zone Bike Path 2 Hour Parking except by permit 8:00 a.m.—8:30 p.m.
At Brown School #201 Ext zone by 85 ft School Pick Up/Drop Off Zone
Willow Place Both South Street Cambridge line All
Willow St Both Cambridge City Line South St 2 Hour Parking except by permit 8:00 a.m.—2:30 a.m.
Wilson Street Both No Parking during Snow Emergencies
Winchester St West Broadway 75 feet north All
Windsor Street East Windsor Place South Street All
Windsor Street West Cambridge Line 145 feet north NPAT
Both Entire Length 2 Hour Parking except by permit 8:00 a.m.—2:30 a.m.
Frontage Area, between Wheatland St and Fellsway West South Broadway entrance Wheatland Street exit—along inside edge of barrier island All
East Broadway 70 feet north to sidewalk All
Frontage Area, between Wheatland St and Grant Street South Wheatland entrance Broadway exit, along inside edge of barrier island All
Frontage Area at Foss Park North Entrance at McGrath Highway 160 feet west All
SCHEDULE E. PERMIT PARKING

This Section has been removed as of January 4, 2010 due to the implementation of city-wide resident permit parking (regulation 2009-23, promulgated May 21, 2009) on all public streets under the jurisdiction of the City of Somerville, unless otherwise posted (see SCHEDULE D )

SCHEDULE F. ON-STREET PARKING METER ZONES
Schedule F On-Street Parking Meter Zones
Location Side From To Restrictions
Beacon Street Washington St Museum St
Bow St G66 Seasonal removal Apr 1—Dec 1
Broadway North 20 feet east of Strathmore Road 40 feet east of Strathmore Road 2 hour limit
#46 (2) 15 Minute Meters
#79 2 meters effective 12 noon to 6:00 p.m.
#318 Removal of metered seasonal Removal
#711 Removal of metered seasonal Removal
#275 2 2-hour meters
#1112 2 metered spaces
South 140 ft. east of Holland St. 325 ft. east of Holland St. 7 metered spaces 8:00 a.m.—8:00 p.m., RPP 8:00 p.m.—8:00 a.m.
North 20 ft. west of Lovell St. 145 ft. east of Lovell St. 5 metered spaces 8:00 a.m.—8:00 p.m., RPP 8:00 p.m.—8:00 a.m.
#1118 Removed Meter #A51
#1204
#1212
Clarendon Hill MBTA turn around Seasonal Removal #A3, #A4 (April 1—Dec 1)
Just west of Temple St Removal of 7 metered spaces
South Just west of School St Removal of 2 metered spaces
Canal St #375 24 Minute Time Limit
Cedar St Franey Rd 40 ft 2 NPAT 90 days
Central St West (2) 2 Hr Parking
Chester Street 11:00 a.m. to 8:00 p.m. Meters C221A;C220; C219: CR009:CR008; C216
Claremon St. West 20 ft. south of Holland St. 40 ft. south of Holland St. 1 metered space 8:00 a.m.—8:00 p.m., RPP 12:00 a.m.—8:00 a.m.
Clarendon Ave East Broadway 155 feet south 2 hour limit
Curtis Street West 95 feet north of Broadway 180 feet north of Broadway 8:00 a.m.—8:00 p.m., RPP 12:00 a.m.—8:00 a.m.
Davis Square Rite Aid Parking lot Remove two metered spaces for electric charging stations
Elm St C357 Seasonal removal Apr 1—Dec 1
256/258 Removal of 4 parking meters, convert to pick up/drop off zone
212 Install 4 parking meters
Grove Street West Parking Lot 1 2-hour meter
#48-50 2 2-hour meters
Herbert Street South Chester Street Day Street 2 hour limit
Highland Ave South 30 feet west of Cedar 70 feet west of Cedar 2 hour limit
Holland Street North 40 feet east of Irving Street 85 feet east of Irving St 8:00 a.m.—8:00 p.m., RPP 12:00 a.m.—8:00 a.m.
20 feet south of Simpson Avenue 145 feet south of Simpson Avenue 8:00 a.m.—8:00 p.m., RPP 12:00 a.m.—8:00 a.m.
570 feet south of Broadway 150 feet south of Broadway 8:00 a.m.—8:00 p.m., RPP 12:00 a.m.—8:00 a.m.
75 feet south of Broadway 150 feet south of Broadway Loading 8:00 a.m.—2:00 p.m., meter 2:00 p.m.—8:00 p.m., RPP 12:00 a.m.—8:00 a.m.
Davis Square Station Parking Meter removal
Seasonal Removal April 1—Dec 1
Illinois Avenue East 20 Feet from Broadway Northerly 2 Parking Meters
Josephine Ave East Broadway 87 feet south 2 hour limit
Laurel St West Somerville Av (4) 2 Hr Parking meters
Loading Zones Davis Square (all) Upon expiration of Loading Zone until 10:00 p.m.
Magoun Square Lot Rescinds 2 parking meter spaces
Marshall St West Broadway 128 feet south 2 hour limit
Meacham Road East 200 feet west of Dover Street Dover Street 2 hour limit
35 feet east of Dover Street 58 feet east
Medford Street South 78 feet south of Lowell Street Trull Street 2 hour limit
Middlesex Avenue Both Foley Street Cummings Street
Mt. Vernon Lot Rescinds 2 parking meter spaces
Newbury Street East Teele Square 140 feet southwest 2 hour limit
West 85 ft. south of Holland St. 130 ft. south of Holland St. 2 metered spaces 8:00 a.m.—8:00 p.m., RPP 12:00 a.m.—8:00 a.m.
Beside the fire station Remove two metered spaces for installation of a Hubway station for a 120 day trial period
#6 Rescinds 2 parking meters
Sargent Avenue West Broadway 63 feet west 2 hour limit
Somerville Ave North 110 feet west of Lowell Street 50 feet west of Lowell St 2 hour limit
#483 2 parking spaces metered
Summer Stret Cutter Avenue Removal of two parking metered spaces
Thorndike Street West 20 ft. south of Holland St. 60 ft. south of Holland St. 2 metered spaces 8:00 a.m.—8:00 p.m., RPP 12:00 a.m.—8:00 a.m.
Union Square Union Square Parking lot Remove two metered spaces for electric charging stations
Washington Street Washington Terrace Mansfield Street Parking Meters
SCHEDULE G. SAFETY ZONES
SCHEDULE G SAFETY ZONES
Location Side From To Type
Aberdeen Road Left 20 feet Around bend Fire lane
Acadia Park Both Somerville Av 20 feet Fire lane
Adelaide Road East Somerville Avenue 40 feet north Fire lane
Albion Place Entire Length Fire Lane
Albion Street North Central St 30 feet west Fire lane
Albion Street South Central St 28 feet west Fire lane
Aldrich St East Virginia Street 50 feet Fire lane
Allen Street West Entire length Fire lane
Arnold Court Both Fire Lane Ends just before house #9 Arnold Ct Approx 87 ft from Corner Arnold Ct. Fire Lane
Ash Avenue West East Albion Street 75 feet Fire lane
Ash Avenue East East Albion Street 102 feet Fire lane
Ashland St West 20 feet from Summer Street Fire lane
West Extending 25 ft northerly from Sartwell Ave Fire lane
Austin St West Maine Terrace Extending 20 ft southerly Fire Lane
East Maine Terrace Extending 24 ft southerly Fire Lane
Beacon Street At intersection of Concord Avenue Crosswalk
Beacon Street North East of Beacon Pl For a distance of 30 ft Fire Lane
Beech Avenue Both 20 feet from Columbia Street Fire lane
Belmont Place North Belmont St. 20 ft. easterly Fire Lane
South Belmont St. 183 ft. easterly Fire Lane
Belmont Street West South of Summer St Extending 30 ft Fire Lane
West At the bend between #12 and #14 Belmont St For a distance of 90 ft Fire Lane
East South of Summer St Extending 50 ft Fire Lane
Belmont Street East Pitman St Extending 20 ft south Fire Lane
Belmont Street East Pitman St Extending 25 ft north Fire lane
Belmont Street West Opposite Pitman Street Between the utility poles at 12 Belmont St (distance of 38ft) Fire lane
Bennett Street Both Prospect St 40 feet east Fire lane
Bennett Street Both 240 feet east of Prospect St 160 feet northeast Fire lane
Billingham St West 20 ft north of William St Fire lane
Blakeley Ave North Corner of Cross Street East 35 feet west
Bolton Street West At Houghton St For a distance of 20 ft Fire Lane
Boston Ave Both Morrison Av Ext back 20 ft in a northerly direction from the stop signs Fire lane
Boston Street North 25 ft west from Hamlet St Fire lane
Broadway North #437 #459 Fire lane
East #326R (Private Property) 70 feet from Broadway 95 feet south Fire lane
North #435 westerly End of the elevated section for additional 24 ft east Fire Lane
Broadway Terrace North Prop line of #433-437 442 feet west Fire lane
Broadway Terrace North Main Street 205 feet Fire lane
Broadway Terrace South All Fire lane
Browning Rd South At #41, 16 ft from fire hydrant Westerly Fire Lane
Browning Rd East side (front) of #41 Extending 15 [ft] from the bend Fire Lane
Caldwell Ave East Dead end 60 ft north Fire lane
Caldwell Ave East Washington St 20 ft south Fire lane
Capen Street South Somerville line Dead end Fire lane
Cedar Avenue Both All All Fire lane
Cedar Street Intersection of Morrison Avenue Crosswalk
120 feet south of Morrison Avenue Crosswalk
East From Highland Ave Extending 46' Fire Lane
Central Road North 146 feet east of Central Street 19 feet east Fire lane
West Corner at #16 60 feet north Fire lane
South #15 Central Road 16 feet east Fire lane
Centre St East Albion St 20 feet north Fire lane
Charlestown St Both All Fire lane
Clark Street West 20 feet north of Newton Street 20 feet south to corner Fire lane
South 198 feet east of Joseph St 44 feet east Fire lane
Clyde Street South Between #37 and #39 Ext 32 ft east Fire Lane
Columbia St West Beach Av Ext 60' north Fire Lane
W & S Webster Av Cambridge Line (816 ft) Fire Lane
Columbia St East Windsor Pl 33 ft south Fire Lane
Columbus Av South West and East of Warren Av For a distance of 20 ft each Fire Lane
Conwell Street East Frances St End of Conwell St Fire lane
Craigie Ter South 65 ft west Fire Lane
Crescent Street West From driveway at #34 extending south for 27 feet Ending at Parking Sign Fire Lane
Cross Street Northeast corner of Oliver Street SW Corner of Gilman Street Crosswalk
Cross Street Place Both 20 feet from corner Cross Street Fire lane
Crown Street North West and East of Lowell St For a distance of 20 ft each Fire Lane
Curtis St Raymond Av Crosswalk
Delaware St South 198 feet from McGrath Hwy 20 ft Fire Lane and "Except Police"
Dell St East Tufts St Ext 76 ft Fire lane
Dimick Street South West of Waldo Av For a distance of 20 ft Fire lane
Direnzo Terrace West Back of sidewalk on Vernon St 72 ft northerly to a point at the end of the brick wall Fire lane
Direnzo Terrace East Back of sidewalk on Vernon St 108 ft northerly to the utility pole Fire lane
Dresden Street North 75 feet west of Cutter Ave 75 feet east to corner Fire lane
East Albion St North Mt. Vernon Avenue Ash Avenue Fire lane
Moreland Fremont Fire lane
Elm Place South Harvard Street To end Fire lane
Elm Street North 318 feet west of Cedar Street 20 feet west to corner Fire lane
Elmwood Street #73 Ext. 23 ft Fire Lane
Elmwood Terrace South 156 feet east of Elmwood St Extending 156 west Fire lane
Elmwood Terrace North 20 feet east of Elmwood St Extending 20 feet west Fire lane
Emerson Street West Newton St Everett St Fire lane
East Newton St Extending 20 feet north Fire lane
Everett Street South Emerson St Webster Av (160 ft) Fire lane
Everett Street North Newton St Extending 290 ft westerly Fire lane
Evergreen Square Both All Fire lane
Eustis Street West Cambridge Line Extending 60 ft north Fire lane
Eustis Street East Cambridge Line Beacon Street Fire lane
First Street South Innerbelt Road 30 feet west Fire lane
Forster Street North Opposite Tennyson St 24 west from fire hydrant zone Fire Lane
Foster Street North At Sycamore St For a distance of 20 ft Fire Lane
Franklin Ave Both Fire lane
Franklin Street West 65 feet south of Palmer Av 38 feet south Fire lane
Giles Park South At Walnut St For a distance of 20 ft Fire lane
Glen Street East 135 feet north of Knowlton St 31 feet north Fire lane
Greene Street South At Laurel Street For a distance of 20 ft Fire Lane
Greenville Terrace South Entire Length Fire Lane
Gussie Terrace Both Entire length Fire lane
Hadley Court Both Franklin Street 117 feet west Fire lane
Hamlet Street West 54 feet south of Highland Ave 54 feet northerly to corner Fire lane
25 ft north from Boston St Fire lane
Hanson Street Northern corner of Skehan Street Crosswalk
Hanson Street South At Properzi Way For a distance of 20 ft Fire Lane
Harvard Place North Intersection Harvard St 20 ft Fire Lane
Harvard Street West Intersection Harvard Pl 54ft North Fire Lane
Hawkins Street East 160 feet east of Washington Street 25 feet Fire lane
West 15 feet west of Lake Street Corner of Lake and Hawkins Sts Fire lane
Henderson Street West Wilton St Ext 25 ft South Fire Lane
Highland Ave Hancock Street Crosswalk
Intersection of Vinal Avenue Crosswalk
Hillside Avenue East 145 feet south of Pearl St Extending 145 feet north Fire lane
Hillside Circle Both Entire Reduced by 25 ft. North side Fire lane
Holyoke Road #12 24 feet left, and 10 feet right of hydrant Fire lane
Holyoke Road (easterly leg) East At Elm St For a distance of 20 ft Fire Lane
Homer Square Even #16 Homer Square Bonner Av Fire lane
Hooker Ave Easterly end near Endicott Av 14 ft wide Fire lane
Houghton Street Both Prospect Street 20 feet Fire lane
South West and east of Oak St For a distance of 20 ft each Fire Lane
North East of Oak St For a distance of 20 ft Fire Lane
North East of Bolton St For a distance of 20 ft Fire Lane
Ibbetson Street At the bend on the inside corner, adjacent to #51 Ibbetson St For a distance of 20 ft, and in front of #51 Ibbetson St for a distance of 20 ft Fire Lane
Inner Belt Road Both 95ft. each inbound side of the tunnel Fire Lane
63 ft at the entrance to the outbound side of the tunnel Fire Lane
outbound side of the exit to the tunnel for a distance of 95 ft. Fire Lane
South Extend existing fire lane by 20 ft, total length 110 ft Fire lane
Jerome Street West Montrose St Ext. 20 ft Fire lane
Joseph Street East Newton St Extending 28 ft northerly Fire lane
West Newton St Extending 27 ft northerly Fire lane
Kensington Ave West 10 ft south of fire hydrant Ext. north to the intersection of Middlesex ave Fire Lane
Kent Court South Kent Street 261 feet west Fire lane
Kent Street Both Beacon Street Railroad tracks Fire lane
Kilby Street East Somerville Ave 60 feet south Fire lane
Kilby Street West All Fire lane
Lake Street North Hawkins Street 20 feet Fire lane
Church St. Extending 20 feet easterly Fire lane
South Driveway at #40 Extending 25 feet easterly Fire lane
Laurel Street East At Greene St For a distance of 20 ft Fire Lane
Lewis Street Both Parkdale Street Fire lane
Lexington Ave North Entrance to 35R Lexington Av Extending 7 ft easterly Fire Lane
Lexington Ave North Entrance to 35R Lexington Av Extending 9 ft westerly Fire Lane
Liberty Road Both Entire Fire lane
Lincoln Place Both 40 feet at back of Lincoln Place Fire lane
Lincoln Place Both 68 feet north of Lincoln Av End of Lincoln Place Fire lane
Lincoln Pkwy #48 Encompassing the top of the circle, total length 47 ft Fire lane
Lincoln Pkwy #6-8 Ext. around the corner for a distance of 90 ft Fire lane
Linden Avenue Both Gussie Ter 5 feet in each direction Fire lane
Linwood Street West 47 feet north of McGrath Highway/Fitchburg Street South to corner Fire lane
Lowell Circle Both Lowell Street 88 feet west Fire lane
Lowell Street Northwest and northeast corners of Albion Street Crosswalk
East At the intersection of Highland Av Extending 30 ft southerly Fire lane
West At the intersection of Highland Av Extending 30 ft southerly Fire lane
West North and South of Crown St For a distance of 20 ft each Fire Lane
Lowell Terrace North 20 feet west of Lowell St 40 feet east Fire lane
South 132 feet west of Lowell St 132 feet east Fire lane
MacGregor Avenue Both Walnut Street Wigglesworth Street
Main Street At north side of Edgar Av Crosswalk
Maine Ave West Maine Terrace Extending 42 ft southerly Fire Lane
East Maine Terrace Extending 20 ft southerly Fire lane
Maine Terrace North Austin St Extending 358 ft easterly to the intersection of Maine Av (entire side abutting route I-93) Fire lane
South Austin St Extending 20 ft westerly Fire lane
Marion Street West Taunton Street 20 feet south of Taunton Street Fire lane
West Taunton Street 20 feet north of Taunton St Fire lane
West #28 from the telephone pole Extending 10 ft. to the corner Fire Lane
Meacham Road Lester Terrace Fire lane
Meacham Street In front of Healy School Fire lane
Mead Street North 110 feet west of Cameron Avenue
Merriam Street Intersection of Charlestown Street 84 ft South Fire Lane
120 ft south of Somerville Ave 90 day trial period
Miller St #13 100 ft Fire Lane
Monmouth St north 10 ft west of hydrant at #23 West direction of intersection at Harvard St Fire lane
Montrose Street North 6 feet east of Montrose Court 24 feet west Fire lane
Montrose Street Jerome Street Ext. 20 ft in both directions Fire lane
Mt. Vernon Ave Both East Albion Street Dead end Fire lane
Myrtle Street Odd Driveway @ #47/49 Driveway @ #53 (@ 43 ft) Fire lane
Nevada Avenue South 20 ft from Hanson St For a distance of 20 ft Fire Lane
New Washington St North 141 ft west of Inner Belt Rd Ext. 83 ft Fire Lane
Norfolk Street 140 feet west of Webster Avenue Crosswalk
West At the curb opening between #411 and #429 Ext 5 feet on either side Fire Lane
North Union Street East 20 ft from Parking lot of Tracer Technologies The fire hydrant at the end of the street Fire Lane
Oak Street East North of Houghton St For a distance of 20 ft Fire Lane
West 39-41 Oak St. from the existing telephone pole Edge of driveway, for a distance of 28 ft. Fire Lane
Palmer Ave North Entire length from Franklin Street Dead end (93 ft) Fire lane
South Franklin Street Extending 20 ft westerly Fire lane
Park Place South Laurel St Ext. east for 25 ft Fire lane
West Ext existing fire lane Ext 15 ft Fire lane
East From the bend the north end Fire Lane
Parkdale Street Lewis Street Fire lane
Pearl Street Northeast corner of Bradley Street Crosswalk
Both Pearl St Park Bus stop Crosswalk
North 55 feet from Crescent St Fire lane
South 20 feet from Crescent St Fire lane
Pearl Terrace West Corner 20 feet Fire lane
Pennsylvania Avenue Both Cross St East 42 feet Fire lane
Perkins Street North 20 feet west of Lincoln Street 20 feet east of Lincoln Street Fire lane
20 feet west from Private Way across from Mt. Pleasant Street Fire lane
South West of Pinckney St For a distance of 20 ft Fire Lane
Peterson Terrace At Porter St Ext for 44 feet Fire Lane
Pinckney Place South Pinckney St End of Pinckney Pl Fire Lane
North Pinckney St For a distance of 20 ft Fire Lane
Pinckney St East Pickney Place Ext 20 ft North and 20 ft South Fire Lane
Pitman Street South Belmont St Spring St Fire lane
North Spring St Belmont St Fire Lane
South Intersection of Belmont St Extending 42 ft east Fire Lane
Porter Street Both Gussie Ter 20 feet in each direction Fire lane
Prescott Street Cummings School Crosswalk
Preston Road Before Summer Street for 20 ft. on both sides Fire Lane
At the bend Fire lane
Putnam Street #15 ½, from Putnam Street 78 feet east Fire lane
Radcliffe Road #23-25 Bradley St 20 ft east Fire lane
Richardson Street North At Lowell St For a distance of ~25 ft Fire lane
Richardson Terrace Vinal Street Fire lane
Rose Street Both 20 feet from Lewis Street Fire lane
Sanborn Court West 96 feet north of Washington Street 96 feet south to corner Fire lane
East 176 feet north of Washington Street 27 feet south Fire lane
School Street West At both sides of Preston Rd For a distance of 20 ft each Fire Lane
Sellon Place Both Entire Length Fire lane
Sewall Street North Temple St. Extending 20 feet easterly Fire lane
South Temple St. Extending 20 feet easterly Fire lane
Skehan Street South Hanson St 225 feet west Fire lane
Skilton Ave East End of the property line at 222 Pearl St 85 ft south Fire lane
Silvey Place South All Fire lane
Snow Terrace Both Jaques St. 97 ft. south Fire Lane
Somerville Ave North 570 to Bleachery Ct ext.220 ft 196 ft east Fire Lane
East 570 entire length Fire Lane
Spring Hill Terrace 18-20 Spring Hill Terr Ext 48 ft southerly Fire Lane
Stone Avenue East Extending 22 ft. Intersection Union Square Fire Lane
Summer Street Intersection of Greene Street Crosswalk
Driveway at #117 Summer 15 ft west Fire lane
South 20 ft before Preston Road 20 ft after Preston Road Fire Lane
Tannery Brook Row East Elmwood St Cameron Av Fire Lane
Both Gorham St. Elmwood St., 365 ft. Fire Lane
Taunton Street (Private Way) South Marion Street 20 feet west Fire lane
Tower Court East Tyler Street 80 feet north Fire lane
80 feet north of Tyler Street 34 feet north Fire lane
Trull Lane Both Oxford Street Highland Ave
Villa Ave West 5 feet north of Elm Court 50 feet south Fire lane
Village Street North Ext existing fire lane 30 ft Total length 369 ft Fire Lane
Walnut Road North Kenneson Rd For a distance of 20 ft east Fire Lane
Walnut Street Northwest corner of Giles Park Crosswalk
Walnut Street West South of Giles Park For a distance of 20 ft Fire Lane
Warner Street North side of Pearson Road Crosswalk
Warren Avenue East At Columbus Av For a distance of 20 ft Fire Lane
Warwick Street Beginning at the bend on north side Ext 20 ft west and 20 ft north Fire Lane
Washington Street Rossmore Street Crosswalk
Washington Terrace East Extending northerly 30 ft from the intersection of Washington St Fire Lane
Webster Avenue East At the intersection of Everett St Extending 38 ft Fire lane
East Intersection of Everett St Extending 20 ft south Fire lane
Intersection of Everett Street Crosswalk
139 feet south of Norfolk Street Crosswalk
Weston Avenue Broadway 286 feet south
Both Clarendon Av 70 feet west Fire lane
East 24.5 ft from the bend Ext south to the bend Fire Lane
North 30 ft in a easterly direction Fire Lane
White Street East White Street Place 20 feet north Fire lane
White Street Place North White Street 20 feet east Fire lane
South Intersection of White Street Ext east for 250 ft Fire Lane
Wilson Avenue East Broadway 110 feet south Fire lane
West Broadway 235 feet south Fire lane
From the hydrant at the south end For a distance of 10 ft east of the hydrant Fire lane
Wilton Street South Hinckley Street 62 feet east Fire lane
South West of Henderson St For a distance of 20 ft Fire lane
North & South At Lowell St For a distance of ~ 30 ft Fire lane
Windsor Place Both Windsor St Earle St Fire Lane
Windsor Street East Cambridge line North to private way Fire lane
Woodbine Street North City sidewalk Ext, 265 ft easterly Fire Lane
SCHEDULE H. PARKING FOR HANDICAPPED RESIDENTS
Schedule H Parking For Handicapped Residents
Location Address
Aberdeen Road
Adams Street
Adrian Street 21, 37
Albion Street 22, 24
Aldersey Street 18
Aldrich Street 17
Alpine Street
Alston Street
Appleton Street
Assembly Row 3 Spaces
Ash Avenue 37
Ashland Street
Autumn Street
Bailey Road 97, 137
Bailey Street 11
Bartlett Street 2, 15, 15, 107
Bay State Avenue 25
Beacon Street 301C, 11A
Belknap Street
Belmont Place 14
Belmont Street 103, 91
Berkeley Street 23
Bigelow Street 7
Bolton Street 29, 31
Bonair Street 55A, 63, 79
Bond Street 32
Boston Street 23, 49
Boston Avenue 129, 181, 60
Bow Street 59
Brastow Avenue 2, 15
Broadway North side, from 45 feet east of Curtis Street to 65 feet east
North side, from 114 feet west of Boston Avenue to 134 feet west
North side, 75 feet west of Garfield Avenue extending 18 feet
187, 715 (Ball Square), 433A, 764, 1241, 391 Broadway (to be placed at rear of property at 21 Main St), 250
Bromfield Road 53, 101
Brook Street 5
Calvin Street 32
Cambria Street 23
Campbell Park 20
Capen Street 141
Carlton Street
Cedar Street 85
Central Street 40 feet south of Summer Street to 20 feet south,
40, 125, 148, 132, 8
Cherry Street 14A
College Avenue 201; 40
Columbus Avenue
Connecticut Avenue 8
Conwell Avenue 39
Conwell Street 19A, 23
Cottage Avenue 14A
Crescent Street 16
Curtis Street
Cutter Avenue 21
Cypress Street 14, 15
Dana Street 28, 44
Dane Avenue 35
Dane Street 75 (placed at 70)
Dartmouth Street 37
Day Street 25
West side, 85 feet north of Orchard Street extending 19 feet
Delaware Street 6, 19
Dell Street 5, 9, 13
Dickinson Street 53
Douglas Avenue 4
Eastman Road
Edgar Avenue 35
Edgar Court 8
Edmands Street
Electric Avenue 91-93
Eliot Street 9
Elm Street 74, 242
Elmwood Street 68, 69
Endicott Avenue 63
Evergreen Avenue 12
Fairfax Street 20, 25, 56, 34
Fairfax Street North side, 20 ft west of North St ext 20 ft
Fairmount Avenue 51
Farragut Avenue 33, 14
Fenwick Street 50 feet north of Broadway to a point 20 feet north
Alongside of 367 Broadway
Flint Avenue 9
Flint Street 9
Fountain Avenue 6, 32
Foss Park 2 spaces
Francesca Avenue 11 (North side from 60 feet east of College Avenue to a point 20 feet east)
Francis Street 12
Franklin Avenue 81
Franey Road 1
Franklin Street 43
Fremont Avenue 13, across from #9 Fremont St for 15 Parker St
Fremont Street 21, 104
Garrison Avenue 42
George Street 1
Gibbens Street 42
Gilman Street 71
Gilman Terrace 7
Glen Street
Glendale Avenue 11
Glenwood Road 15, 100
Great River Road 2 spaces
Gordon Street 38
Gorham Street
Governor Winthrop Road 10
Grandview Avenue 12
Grand Union Blvd 2 spaces
Grant Street 78
Hall Avenue 5, 59
Hamlet Street 280 feet from Highland Avenue
Hammond Street 11, 12
Hancock Street 11, 65, 73, West side, 94 feet south of Summer Street to a point 22 feet south.
Hanson Street 11, 50
Hardan Road 15
Harold Street 15A
Hathorn Street
Hawthorne Street 29
Heath Street 57, 87, 91, 111, 17
Henderson Street West side, 149 feet south of Richardson Street for 18 feet
Highland Avenue 187, 237, 298, 307, 272, opposite Vinal Ave
Hillside Park
Hinckley Street 66
Holland Street 71, 133, 227
Holyoke Road 16, 18 (east side), 48
190 feet south of Elm Street
Houghton Street 14, 17, 18, 6
Howe Street 27
Hudson Street 71, 107, 94
Ibbetson Street 15
Jacques Street 15, 21
James Street 10, 15
Jay Street 7, east side 20 ft. south of Holland St. to 40 ft. south of Holland St.
Josephine Avenue At Brown School Mon—Fri 7:00 a.m.—3:00 p.m.
23, 107
East side, 20 feet from Broadway, extending 20 feet
Kensington Avenue 14
Kidder Avenue
Knapp Street 21 (North side, 120 feet east of Granite Street to a point 20 feet east)
Knowlton Street 13
Lake Street 15, 28
Landers Street 11
Langmaid Avenue 15, 17
Laurel Street 33, 13
Lee Street 13
Lesley Avenue 17
Lincoln Park School
Lincoln Avenue 29
Lincoln Parkway 36, 20 ft. at the ramp at the entrance to Lincoln Park
Lincoln Street 20
Linden Street
Line Street 56
Lowden Avenue @ Broadway, east side, extending 36 ft south
Lowell Street 18, 35, 167, 186
Macarthur Street 16
Madison Street 5, 43, 48
Main Street 21(for resident at 391 Broadway)
Malvern Avenue
Mansfield Street 53, 47
Marshall Street 17
Meacham Road 48
Meacham Street 19, 23
North side, 20 feet from Moreland Street
Medford Street 378 (to be placed on Essex St), 382, 490, 279
Melvin Street
Merriam Street @ Washington St 1 st space on west side, 85
Miller Street 6
Miner Street 12
Minnesota Avenue
Montgomery Avenue 12
Moreland Street 78, 94, 99
Morrison Avenue 33
Mossland Street
Mt. Vernon Street Opposite #2, 81, 58, 21, 54
Myrtle Street 15
Mystic Avenue 638
New Washington Street Opposite 9 New Washington (2 spaces)
Newbury Street 5
Newton Street 76
North Street 127, 151, 162
Norwood Avenue 24
Oak Street 7
Oliver Street 4, 48
Orchard Street 106
Ossipee Road 8
Otis Street 29, 35, 98
Oxford Street 3
Packard Avenue
Park Street 29
Parker Street 15 (move space to side of property on Fremont Av) 7
Partridge Avenue 62, 69, 30, 78
Pearl Street 38, 52, 100 ft east of Mt Vernon St ext 20 ft, 198, 204, 104
Pearson Avenue 43
Pearson Road 76
Pennsylvania Avenue 28
Perkins Street 133, 97, 78
Perry Street 16
Porter Street 15A, East side, 149 feet north of Gould Avenue, 22 feet north, 23, 33
Prescott Street West side, from 610 feet south of Highland Avenue for 20 feet south; 42 (Cummins School)
Preston Road 29, 59
Princeton Street
Prospect Street
Puritan Road 33, 38, 97, 64, 37
Putnam Road 6, 61, 12, 32, 46, 53
Putnam Street 6, 34, 21A
Quincy Street 3
Raymond Avenue 75
Rhode Island Avenue 8
Robinson Street 11
Rogers Avenue 84, 111
Rossmore Street 36
Russell Road East side, 20 feet north of Broadway for 18 feet, 17
Sargent Avenue 21, 35, 37
School Street 65, 106, 202, 243
School Street East Side, approx 120 ft north of Highland Av ext 18 ft
School Street East Side, approx 160 ft north of Highland Av ext 18 ft
School Street Beside City Hall
Simpson Avenue 19, 25, 31
Skehan Street 7
Somerville Avenue 411
Sterling Street 69, 71
Summer Street In front of #28 for 22 feet, 137, 201, 163, 148, 217, 157, Dilboy Post, 351
Summit Avenue 26, 27, 10
Sunnyside Avenue 5
Sunset Road
Sycamore Street 9
Sydney Street 28
Taylor Street 19
Teele Square Broadway, south side, 110 ft east of Holland St ext 20 ft
Temple Street 100
Ten Hills Road 14, 70, 100
South side, 67 feet from Temple Road
Tennyson Street 6, 7, 31
South side, 85 feet from Medford Street, for 18 ft
Thurston Street Medford Street: Beside City Hall Annex, south of the crosswalk
Trull Street 6, 14, 39, 53, vicinity of 49
Tyler Street 10 (2 public spaces)
Vermont Avenue 8, 17
Vernon Street 42, 44
Vinal Street 9
Virginia Street 10, 19, 14, 90
Wallace Street 68
Walker Street 28
Walnut Street
Walter Terrace
Warren Avenue 29
Washington Street 74 (apt.101), 202, 268 at Hagan Manor, 305
Waterhouse Street 51, 63
Watson Street 16
Webster Avenue 61
Wellington Avenue 2
Wesley Park East side, 41.5 feet from Bow Street, extending 20.5 feet
Wesley Street 10, 21, 22, 23, 25
West Adams Street 123
Westminster Street East side, 98 feet south of Electric Avenue, 22 feet south
Westwood Road 12
Wheatland Street 87
Whitfield Road 43
Whitman Street 50, 51
Wigglesworth Street 24
West side, 100 feet from Sunnyside Avenue
Willoughby Street 24, 26, 25
Willow Avenue 222, 224, 217
Windsor Road 5, 20
Winslow Avenue 20
Winter Hill School Sycamore St, east side, 65 ft south of Evergreen Av ext 20 ft
Winter Street 17
Wisconsin Avenue 23
Woods Avenue 87
SCHEDULE I. ONE-WAY STREETS
Schedule I One-Way Streets
Location Direction From To
Aberdeen Road Southeast Highland Avenue Cedar Street
Adams Street Southwest Broadway Medford Street
Albion Street Lowell St Cedar St
Aldrich Street South McGrath Highway Gilman Street
Alpine Street West to East Cedar St Princeton St
Arlington Street West Harthorn Street Franklin Street
Ashland Street Northeast Sartwell Avenue Summer Street
Atherton Street West Central Street Spring Street
Austin Street North Broadway Mystic Avenue
Autumn Street Northeast Bonair Street Broadway
Barlett Street South Broadway Vernon Street
Bay State Avenue South Broadway Foskett Street
Beech Street Southwest Atherton Street Somerville Avenue
Belknap Street South Hamilton Road Broadway
Belmont Street North Summer Street Highland Avenue
Benton Road North Highland Avenue Hudson Street
Billingham Street Northeast William Street Broadway
Bonair Street East McGrath Highway Cross Street
Bond Street South Jaques Street Broadway
Boston Street Southwest Intersection of Prospect Avenue Washington Street
Bow Street North Washington Street Somerville Avenue
Bowdoin Street South Washington Street Fremont Street
Bowers Avenue East Cottage Avenue Elm Street
Bristol Road Southeast Medford line Broadway
Broadway Northeast (right of center islands) Boston Line Main Street
Southwest (right of center islands) Main Street Boston line
Broadway Terrace West Entrance at Main Street Exit on Broadway opposite Norwood Ave
Bromfield Road North Warner Street Dearborn Road
Browning Road Southeast Central Street Sycamore Street
Butler Drive West Mystic Avenue Temple Street
Calvin Street South Washington Street Beacon Street
Cedar Avenue Northwest Linden Avenue Cedar Street
Cedar Street South Highland Avenue Elm Street
Central Road Southeast Central Street Sycamore Street
Central Street Northeast Somerville Avenue Summer Street
Charles Street South
Cherry Street Southwest Summer Street Elm Street
Chester Avenue West
Chetwynd Road East Hillsdale Road Curtis Street
Clark Street Northwest Newton Street Lincoln Parkway
Clyde Street West Warwick Street Cedar Street
Columbus Avenue Southeast Stone Avenue Bonner Avenue
Concord Avenue West Prospect Street Newton Street
Concord Avenue East Springfield St End of Island
Congress Place North
Connecticut Avenue South Rhode Island Avenue Pennsylvania Avenue
Conwell Street Northeast Francis Street Highland Avenue
Crocker Street North Crown Street Highland Avenue
Curtis Street North Broadway Powder House Boulevard
Cutter Avenue East Elm Street Highland Avenue
Cutter Street Webster St Broadway
Cypress Street West Central Street Beech Street
Dana Street Northeast Pearl Street Bonair Street
Dane Avenue West Leland Street
Dartmouth Street North Medford Street Broadway
Day Street East Cambridge line Davis square
Delaware Street South and West Pearl Street McGrath Highway
Dell Street East Tufts Street Glen Street
Derby Street West Grant Street Temple Street
Dickinson Street Springfield Street Beacon Street
Dimick Street Northwest
Dover Street West Davis Square Cambridge line
Durham Street Southwest Hanson Street Beacon Street
Edmands Street South Broadway Bonair Street
Elm Street South Davis Square Russell Street
Everett Avenue Northwest Cross Street Msgr. McGrath Highway
Everett Street West Newton Street Webster Avenue
Evergreen Avenue East School Street Marshall Street
Fellsway West South Mystic Avenue Broadway
Fiske Avenue East Hinckley Street Lowell Street
Florence Street North Pearl Street Washington Street
Forster Street Northwest Sycamore Street Central Street
Fountain Street East Cross Street Glen Street
Franklin Street North Pearl Street Broadway
South Pearl Street Washington Street
Fremont Avenue East Bowdoin Street Parker Street
Frontage Road between Fellsway West and Wheatland Street West Entrance on Broadway Exit at Wheatland Street
Frontage Road between Wheatland Street and Grant Street West Entrance on Wheatland Street Exit onto Broadway
George Street South Broadway Lincoln Avenue
Gibbons Street East Benton Road Central Street
Gilman Street Northwest Aldrich Street Walnut Street
Gilman Street/Oliver Street Walnut Street Glen Street - Allow two-way bicycling
Glen Street South Broadway Tufts Street
North Tufts Street Pearl Street
Glenwood Road North Vernon Street Broadway
Gorham Street North Howard Street Holland Street
Grant Street North Broadway Mystic Avenue
Green St North Laurel St Summer St
Grove Street East Elm Street Morrison Avenue
Hall Street Southeast Cherry Street Cedar Street
Harding Street North Cambridge line Ward Street
Hancock Street Charnwood Road Elm Street - Allow two-way bicycling
South Street Ward St
Harvard Street Southwest Summer Street Atherton Street
Hathorn Street South Broadway Arlington Street
Hawkins Street Washington Street Somerville Avenue
Hawthorne Street East Cutter Avenue Willow Avenue
Heath Street East Edgar Avenue Temple Street
Henderson Street South Richardson Street Wilton Street
Henry Avenue North Highland Avenue Lexington Avenue
High Street West North Street Alewife Brook Parkway
Highland Avenue West Cutter Avenue Davis Square
Hill Street Southwest Fairmont Avenue Broadway
Horace Street South Ward Street South Street
Houghton Street Southeast Springfield Street Cambridge line
Hudson Street Southeast Cedar Street Lowell Street
Hunting Street South South Street Cambridge line
Illinois Avenue South Pennsylvania Avenue Broadway
Indiana Avenue North Broadway Pennsylvania Avenue
Irving Street Southwest Broadway Holland Street
James Street South Radcliffe Road Pearl Street
Josephine Avenue North Kidder Avenue Broadway
Joy Street South Washington Street
Kenneson Road South Broadway Walnut Road
Kensington Avenue North Broadway Blakeley Avenue
Kenwood Street East Bellingham Street College Avenue
Langmaid Avenue Southwest Heath Street Broadway
Laurel Street Southwest Summer Street Somerville Avenue
Leland Street North Washington Street
Leonard Street North Broadway Powder House Boulevard
Lewis Street Magnus Ave Rose Street
Lewis Street Parkdale Street Rose Street
Lexington Avenue Southeast Willow Avenue Cedar Street
Liberty Avenue North Appleton Street Broadway
Liberty Road North Morrison Avenue Liberty Avenue
Lincoln Avenue East Lincoln Street Mt. Vernon Street
Lincoln Parkway Southwest Clark Street Joseph Street
Lincoln Street South Broadway Perkins Street
Line Street Northwest Smith Avenue Washington Street
Lovell Street North Broadway Electric Avenue
Lowden Avenue North Foskett Street Broadway
Lowell Street Northeast Somerville Avenue Highland Avenue
MacArthur Street Southwest Broadway Bonair Street
Magnus Avenue South Washington Street Lewis Street
Maine Avenue North Pennsylvania Avenue Mystic Avenue
Mansfield Avenue North Somerville Avenue Washington Street
Marshall Street Northeast Gilman Square Broadway
Southwest Broadway Pearl Street
Meacham Road Northeast Cambridge-Somerville line Dover Street
West 170 feet north of Dover Street Orchard Street
Melvin Street North
Memorial Road North River Road Mystic Avenue
Merriam Street South Washington Street Somerville Avenue
Merriam Street Charlestown Street Somerville Avenue
Michigan Avenue North Broadway Pennsylvania Avenue
Minnesota Avenue South Pennsylvania Avenue Broadway
Moreland Street North Meacham Street Mystic Avenue
Northeast Main Street Meacham Street
Morgan Street West Park Street Beacon Street
Morton Street Southeast Glen Street Knowlton Street
Mossland Street Southwest Elm Street Somerville Avenue
Mt. Pleasant St Northeast Perkins Street Broadway
Mt. Vernon Street South Broadway Washington Street
Murray Street North
Myrtle Street North Washington Street Pearl Street
Mystic Street Northwest Benedict Street Mystic Avenue
New Hampshire Ave South Mystic Avenue Pennsylvania Avenue
Newton Street Northeast Webster Avenue Prospect Street
Norfolk Street North Cambridge Line Webster Avenue
Norwood Avenue Northeast Medford Street Broadway
Oak Street Northeast and East Houghton Street Prospect Street
Oakland Avenue West Marshall Street School Street
Orchard Street Southeast Meacham Street Beech Street
Otis Street West Cross Street McGrath Highway
Oxford Street West Trull Lane Hersey Street
Park Avenue East Wallace Street College Avenue
Parkdale Street South Washington Street Lewis Street
Parker Street North Fremont Avenue Washington Street
Parking area between Mt. Vernon and Mt. Pleasant Street East
Partridge Avenue South Medford Street Vernon Street
South Broadway Medford Street
Paulina Street Northeast Holland Street Broadway
Pearson Road Southeast Dearborn Road Broadway
Pembroke Street West Sycamore Street Central Street
Perkins Street South Mt. Pleasant Street Boston line
North Mt. Pleasant Street Mt. Vernon Street
Pitman Street West Beech Street Spring Street
Powder House Terrace South Liberty Avenue Kidder Avenue
Prospect Street North Webster Avenue Somerville Avenue
Rhode Island Ave North Pennsylvania Avenue Connecticut Avenue
Richardson Street Northwest Lowell Street Hinckley Street
Richdale Avenue West School Street Sycamore Street
Rogers Avenue North Morrison Avenue Boston Avenue
Rose Street North Lewis Street Washington Street
Rush Street North Brook Street Broadway
Russell Road South Hamilton Road Broadway
Russell Street East Cambridge line Elm Street
Sanborn Avenue Southeast Walnut Street Warren Avenue
Sartwell Avenue West Cedar Street Cherry Street
School Street South Medford Street Somerville Avenue
Sewall Street East Temple Street Grant Street
Simpson Avenue South Broadway Holland Street
Somerville Avenue North Washington Street Bow Street
East 130 feet east of Church Street Washington St
South Street West Medford Street Harding Street
Spencer Avenue Southeast Hancock Street Cedar Street
Spring Hill Terrace Southeast or Northeast Belmont Street Highland Avenue
Spring Street Southwest Atherton Street 75 ft north of Somerville Avenue
Stone Avenue North Washington Street Columbus Avenue
Summer Street West Elm Street Willow Avenue
Sycamore Street North Highland Avenue Broadway
Teele Avenue West Packard Avenue Curtis Street
Tennyson Street Northeast Pembroke Street Medford Street
Thurston Street South Broadway Medford Street
Trull Street Northeast Vernon Street Medford Street
Union Street North Broadway Mystic Avenue
Vermont Avenue North Pennsylvania Avenue Mystic Avenue
Vernon Street West Lowell St Central St, rescinded 2006-28
Victoria Street Southwest Broadway Woodstock Street
Village Street Northwest Dane Street Rev. Properzi Way
Vinal Avenue South Highland Avenue Summer Street
Walker Street East Leonard Street Broadway
Wallace Street South Broadway Holland Street
Park Avenue Holland Street
Walnut Street North Bow Street Medford Street
Ward Street East Harding Street Horace Street
Warren Avenue North Somerville Avenue Columbus Avenue
Sanborn Avenue Columbus Avenue
Warren Street North Cambridge line Medford Street
Waterhouse Street Northeast Woodstock Street Broadway
Webster Avenue South Washington Street Prospect Street
Wesley Street Northeast Pearl Street Otis Street
Westminster Street Northeast Electric Avenue Broadway
Wheatland Avenue South Mystic Avenue Broadway
Whipple Street South Highland Avenue Willow Avenue
Whitman Street East Packard Avenue Mason Street
Wigglesworth Street Southwest Bonair Street Pearl Street
Willoughby Street West Sycamore St Central St
Willow Avenue North Elm Street Highland Avenue
Windom Street North Summer Street Elm Street
Winslow Avenue West Grove Street College Avenue
Winter Street West College Avenue Holland Street
Wisconsin Avenue North Broadway Pennsylvania Avenue
SCHEDULE J. NO TURN ON RED
Schedule J No Turn on Red
Street Direction To
Beacon Street Northeast Park Street
Southwest Park Street
Southwest Washington Street
Northeast Washington Street
Beech Street West Somerville Avenue
Bow Street North Wesley Park
Broadway Northeast Dexter Street and Medford Street
South Boston Av
Southeast Medford Street
North Alfred Street
North Temple Street
South Marshall Street
South Cross Street
North Cross Street
Cedar Street South Summer Street
South Highland Avenue
Northwest Elm Street
Central Street North Medford Street
South Medford Street
North Highland Avenue
South Highland Avenue
North Summer Street
South Summer Street
College Avenue West Power House Circle
East Morrison Avenue
Cross Street West Holland Street
East Pearl Street
West Pearl Street
Curtis Street West Powder House Boulevard
East Powder House Boulevard
Cutter Square East Summer Street
Cutter Avenue East Highland Avenue
Dane Street South Washington Street
Day Street East Elm Street
Ellington Road West Highland Avenue
Elm Street North Cutter Avenue
Southwest Mossland Street
Fellsway West West Broadway
Franklin Street West Broadway (Rescinded 90 Day period trial)
Highland Avenue West Willow Avenue
West College Avenue
West Lowell Street
East Cedar Street
West Cedar Street
East Hamlet Street
West Walnut Street
East School Street
West Central Street
East Central Street
Northeast College Avenue
Holland Street South Dover Street
Jaques Street North Temple Street
Lowell Street South Summer Street
South Highland Avenue
North Highland Avenue
Medford Street East Broadway
West Broadway
South Central Street
North Central Street
South School Street
North School Street
West Highland Avenue
North Walnut Street
North Sycamore Street
Morrison Avenue North College Avenue
Mt. Vernon Street East Broadway
Mystic Avenue North Assembly Square Drive
New Road
North Street Northwest Powder House Boulevard
East Powder House Boulevard
West Broadway
Park Street Northwest Beacon Street
Pearl Street South Cross Street
North Cross Street
North Walnut Street
Powder House Blvd. South Curtis Street
North Curtis Street
North North Street
South North Street
South Powder House Circle
Prospect Street East Somerville Avenue
Webster Ave (Bridge closed)
West Somerville Avenue
Russell Street East Elm Street
School Street North Medford Street
North Highland Avenue
South Highland Avenue
North Summer Street
Somerville Avenue West Central Street
East Union Square
East Prospect Street
West Prospect Street
West Bow Street
West Washington Street
East Mossland Street
Summer Street North Willow Avenue
South Cedar Street
North Lowell Street
South School Street
North Central Street
Southwest Bow Street
Sycamore Street East Medford Street
Temple Street West Broadway
East Jaques Street
West Jaques Street
Tenny Court West Mystic Avenue
Union Square West Washington Street
North Stone Avenue
North Warren Avenue
Walnut Street East Broadway
Southeast Medford Street
East Highland Avenue
East Pearl Street
Washington Street Northwest Beacon Street
Southeast Beacon Street
South Webster Avenue
North Bonner Avenue
West Dane Street
Wesley Park Northwest Summer Street
Willow Avenue North Highland Avenue
South Highland Avenue
North Summer Street
North Broadway
SCHEDULE K. DO NOT ENTER
Schedule K Do Not Enter
Street not to be Entered Direction Intersecting Street Times
Cherry Street Summer St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Concord Street Beacon Street Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Durham Street Beacon Street Do Not Enter from 7:00 a.m.—9:00 a.m. and, except city residents and bicycles
Eliot Street Park Street Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Farragut Avenue Broadway Do Not Enter from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m., except city residents and bicycles
Fenwick Street Broadway Do Not Enter from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m., except city residents and bicycles (90 day trial period)
Garrison Avenue Broadway Do Not Enter from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m., except city residents and bicycles
Governors Winthrop Road Shore Drive Do Not Enter from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m., except city residents and bicycles
Greenville Street Southwest Msgr. McGrath Highway Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Hamlet Street Highland Avenue Do Not Enter from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m., except city residents and bicycles
Lincoln Street Broadway Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Morgan Street Park St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Mt. Vernon Street Northeast Washington Street Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Mt. Vernon Street From Pearl Street to Broadway Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Myrtle Street Washington Street Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Properzi Way Beacon Street Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Prospect Hill Avenue Southwest Msgr. McGrath Highway All (rescind, see SCHEDULE M )
Raymond Avenue Curtis St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Sartwell Avenue Cedar St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Skehan Street Dane Street Do Not Enter from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m., except city residents and bicycles
Tufts Street Washington Street Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Village Street Dane Street Do Not Enter from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m., except city residents and bicycles
Victoria Street Broadway Do Not Enter from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m., except city residents and bicycles
SCHEDULE L. U-TURNS PROHIBITED
Schedule L U-Turns Prohibited
Street Direction Intersecting Street
Boston Avenue Pearson Av
Boston Avenue Prichard Av
Broadway West Franklin Street
West Austin Street
West Cross Street
West Cutter Street
West George Street
West Glen Street
West Grant Street
West Main Street
West Marshall Street
West Medford Street
West Temple Street
West Thurston Street
West School Street
East Wheatland Street
East Fellsway West
East Illinois Avenue
East Franklin Street
East Pennsylvania Avenue
East Cross Street
East George Street
East Hathorn Street
East Wisconsin Street
East Fenwick Street
East Medford Street
East School Street
Highland Avenue West Hamlet St
Medford Street West Highland Av
Medford Street North
SCHEDULE M. TURNS PROHIBITED
Schedule M Turns Prohibited
Street Side Turn Prohibited To Other
Austin Street Left Broadway
Bailey Road Right Temple Rd Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Beacon Street Left Ivaloo St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Left Museum St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Bond Street Left Broadway
Braemore Road Left Broadway Terrace
Broadway West Left Boston Avenue
West Left Dartmouth Street
Left Endicott Street Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Left Garrison Avenue Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
West Left Holland Street
West Left Walnut Street
West Left Willow Avenue
West Left Victoria Street Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
East Right Fellsway West
East Right Mt. Pleasant St
East Right Wheatland Street
Both Left Lincoln St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Cameron Avenue Left Mead St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Concord Avenue Both Prospect St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Both Beacon St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
College Avenue South Left Kidder Avenue Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Curtis Street South Left Teele Avenue
South Right Ossipee Rd Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
North Left Raymond Av 7:00 a.m.—9:00 a.m., 2:00 p.m.—3:00 p.m. Mon—Fri (rescinded 10-20-04)
South Right Raymond Av 7:00 a.m.—9:00 a.m., 2:00 p.m.—3:00 p.m. Mon—Fri (rescinded 10-20-04)
Elm Street North Right Banks Street
North Right Burnside Avenue
Grandview Avenue Left Walnut Street No Left Turn 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m., except city residents and bicycles onto Grandview Av from Vinal Av
North Right Hancock Street
Glenwood Road Right Medford Street Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Highland Avenue East Left Medford Street
Holland Street Left Broadway
Ivaloo Street Right Park Street Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Kilsyth Road Left Broadway Terrace
Langmaid Avenue Left Broadway
Lombardi Street Right Mystic Avenue
McGrath Highway Right Greenville St 7:00 a.m.—9:00 a.m., 4:00 p.m.—6:00 p.m. except residents, rescinded see SCHEDULE K
McGrath Highway Right Bonair St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
McGrath Highway Right Prospect Hill Av Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Mead Street Left Cameron Av Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Medford Street North Right Pearl Street
Glenwood Rd Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Melvin Street North Left Broadway
Minnesota Avenue Left Broadway
Montgomery Avenue Left Broadway
Myrtle Street Both Washington Street Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Mystic Avenue Right Fellsway West Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Newton Street Right Webster Av Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Norwood Avenue North Left Broadway Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Pearl Street Left 180-182 Pearl St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Pearl St (#180-182) Right Aldrich St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Pearl Street Right Jasper St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Rush Street Left Broadway
Sargent Avenue Left Broadway
Shore Drive Left Bailey Road Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Skehan Street Right Dane St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Summer Street West Right Cedar Street
Right Laurel St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Both Cherry St Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Right Church Street No Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles onto Church St from Summer St
Sycamore Street Left Broadway
Tenny Court Left Mystic Avenue
Tufts Street Both Washington Street Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
Village Street Right Dane St 7:00 a.m.—9:00 a.m., 4-7pm
Walnut Street Left Grandview Street Do Not Enter and/or No Left/Right Turn from 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles
SCHEDULE N. MANDATORY TURNS
Schedule N Mandatory Turns
Street Turn To
Broadway Left Cross Street
Left Wisconsin Avenue
Left Cutter Street
Left Glen Street
Left Fenwick Street
Left Temple Street
Left Marshall Street
Left School Street
Left Thurston Street
Right Medford Street
Right Hinckley Street
Right Holland Street
Right Clarendon Avenue
Right Boston Avenue
Bow Street Left Somerville Avenue
Day Street Right Elm Street
Lombardi Street Left Broadway
Mystic Avenue Left Lombardi Street
Prospect Street Left Somerville Avenue
Right Somerville Avenue
Webster Street Left Prospect Street
Left Somerville Avenue
Right Prospect Street
SCHEDULE O. STOP SIGNS
Schedule O Stop Signs
Street Direction Intersection
Bay State Avenue North & South Kidder Avenue
Blakeley Avenue Cross Street East
Bond Street Heath Street
Boston Avenue North - turning right Broadway
Bowers Avenue Northeast Elm Street
Brook Street NW & SE Rush Street
Carlton Street North Somerville Avenue
Church Street North Somerville Avenue
Concord Avenue Both Springfield St
Conwell Avenue West North Street
Cummings Street Middlesex Avenue
Derby Street Northwest Grant Street
Emerson Street North Everett Street
Fenwick Street Heath Street
Foley Street Four Way Stop Revolution Drive
Foskett Street West Liberty Avenue
Franey Road West Cedar Street
Granite Street North Osgood Street
Harrison Street East Ivaloo Street
Highland Avenue Southwest Elm Street
Hersey Street North Oxford Street
Jaques Street NW & SE Grant Street
Joseph Street Newton Street
Kidder Avenue Liberty Avenue
Kidder Avenue Rogers Avenue
Kidder Avenue Prichard Avenue
Liberty Avenue North & South Kidder Avenue
Loring Street North Osgood Street
Lowden Avenue North & South Kidder Avenue
Lowell Street NE & SW Highland Avenue
Marshall Street Allow two-way bicycling on Marshall St between Pearl St and Broadway
Medford Street East and West Pearl Street
Merriam Street South Somerville Avenue
Monmouth Street West Harvard Street
Morgan Street Beacon Street
Mt. Vernon Street North Perkins Street
Newton Street Northeast Webster Avenue
Packard Avenue All (4-way) Powder House Blvd
Park Avenue Southeast College Avenue
Pearl Street East & West Cross Street
Princeton Street Alpine Street
Prospect Hill Avenue/Pkwy All (4-way) Munroe Street
Prospect Street North & South Somerville Avenue
School Street Southwest Highland Avenue
Summit Street West Billingham Street
Summer Street All (4-way) Cherry St
Trull Lane South Oxford Street
Wallace Street Southwest Holland Street
Washington Street Myrtle Street
Wesley Park South Summer Street
Weston Avenue East - turning right Clarendon Avenue
Wheatland Street NE & SW Jaques Street
Willow Avenue All (4-way) Kidder Avenue
Windsor Place Elbow in Roadway
Winslow Avenue Northwest College Avenue
Winter Street Northwest Holland Street
SCHEDULE P. OPERATION OF HEAVY COMMERCIAL VEHICLES RESTRICTED
Schedule P Operation of Heavy Commercial Vehicles Restricted
Street From To
Boston Avenue Morrison Avenue Ball Square
Cameron Avenue Holland Street Cambridge line
Central Street Summer Street Somerville Avenue (rescinded on 10-16-02)
Clarendon Avenue Holland Street Cambridge line
Chester Street Elm Street Cambridge line
Cypress Street Central Street Beech Street
Day Street Cambridge Line Davis Square
Dover Street Davis Square Cambridge Line
Everett Avenue Cross Street Msgr. McGrath Hwy
Fisk Avenue Hinckley Street Lowell Street
Highland Road Boston Avenue Morrison Avenue
Josephine Avenue Broadway Morrison Avenue
Kensington Avenue Broadway Blakeley Avenue
Mossland Street Elm Street Somerville Avenue
Newbury Street Holland Street Cambridge line
Oxford Street Beacon Street Cambridge Line
Pearson Avenue Boston Avenue Morrison Avenue
Prichard Avenue Boston Avenue Morrison Avenue
Prospect Hill Parkway Columbus Avenue Munroe St
Prospect Street Washington St Cambridge Line
Rogers Avenue Broadway Morrison Avenue
Russell Street Cambridge Line Elm St
Summer Street School Street Cutter Street
From 11 PM to 6 AM only
Washington Street Webster Avenue Beacon Street

Amended 1974 (74-11); 1986 (86-1, 86-5); 1993 (93-7); 1995 (95-26); 2022 (2022-24,25,26)

SCHEDULE Q. SPEED ZONES
Schedule Q Speed Zones
Street Direction From To Speed Total Distance
Ash Avenue 200 feet north of Meacham St 20 mph—School
Berkeley Street Both School Street 264 feet west 20 mph—School
Bonair Street Both Cross Street 23' E of MacArthur Street 20 mph—School
Boston Street North Prospect Hill Avenue Walnut Street 20 mph 0.23 mi
Boston Street South Walnut Street Washington Street 20 mph 0.37 mi
Broadway East West Alewife Brook Parkway Mt. Vernon Street Somerville/Boston City Line Alewife Brook Parkway 25 mph—School 25 mph-School 3.22 mi 3.17mi
Calvin Street South Washington Street Beacon Street 20 mph 0.13 mi
Cameron Ave North Cambridge line Holland Street 25 mph 0.22 mi
South Holland Street Cambridge line 25 mph 0.22 mi
Cedar Street North Highland Avenue Broadway 25 mph 0.49 mi
South Broadway Elm Street 25 mph 0.83 mi
Central Street Both 50' S of Highland Avenue 50' N of Highland Avenue 20 mph—School
Century St 200 feet south of Meacham St 20 mph—School
Columbus Ave East Walnut St Washington St 15mph 0.27 mi
West Stone Av Washington St 15mph 0.11 mi
Clark Street Both 269' N of Newton St Joseph Street 20 mph—School
Cross Street North McGrath Highway Broadway 20 mph 0.51 mi
South Broadway McGrath Highway 20 mph 0.51 mi
Both 180' S of Broadway Pearl Street 20 mph—School
Curtis Street Both Sunset Rd Powderhouse Blvd 20 mph—School
Dell Street 300 feet west of Glen Street 20 mph—School
Edgar Avenue 300 feet south of Meacham Street 20 mph—School
Elm Street Both 190' W of Cedar St 77' E of White Street 20 mph—School
Fountain Avenue 300 feet west of Glen Street 20 mph—School
Franklin Avenue 150 feet east of Franklin Street 20 mph—School
Franklin Street North Washington St Broadway 20 mph 0.43 mi
South Pearl St Terrace Washington Street 20 mph 0.23 mi
Both 53' S of Webster St 29' N of Arlington Street 20 mph—School
Glen Street Both 158' N of Webster St Pearl Street 20 mph—School
Glen Street Tufts St 20 mph—School
Highland Ave Both 50' W of Central St 550' E 20 mph—School
Highland Road North Morrison Avenue Boston Avenue 25 mph 0.29 mi
South Boston Avenue Morrison Avenue 25 mph 0.29 mi
Josephine Ave Both Kidder Avenue 218 feet south 20 mph—School
Kidder Avenue Both College Avenue Boston Avenue 25 mph—School 0.48 mi
Lowell Street North Somerville Av Medford St 25 mph 0.91 mi
Lowell Street South Medford St Highland Av 25mph 0.48 mi
Marshall Street South Broadway Pearl Street 25 mph 0.32 mi
Meacham Street 300 feet west of Edgar Ave 20 mph—School
Medford Street Both 12' W of Dartmouth Street 9' E of Tennyson Street 20 mph—School
Middlesex Avenue North Mystic Avenue Route 28 (Fellsway) 25 mph 0.40 mi
Middlesex Avenue South Route 28 (Fellsway) Mystic Avenue 25 mph 0.35 mi
Munroe Street East Walnut St Boston St 25 mph 0.30 mi
Munroe Street West Boston St Walnut St 25 mph 0.30 mi
Oliver Street Franklin Street 20 mph—School
Otis Street Both Cross Street 253 feet west 20 mph—School
Packard Avenue Both Broadway 30' N of Whitman St 20 mph—School
Porter Street North Elm St Highland Av 25 mph 0.39 mi
Porter Street South Highland St Elm St 25 mph 0.39 mi
Powderhouse Blvd. Both Curtis Street 84' W of Dow Street 20 mph—School
Prescott Street Both 284' N of Summer Street 222' S of Highland Avenue 20 mph—School
Raymond Ave Both Curtis Street 646' W of North St 20 mph—School
School Street North Medford Street Broadway 25 mph 0.30 mi
South Broadway Somerville Avenue 25 mph 0.85 mi
Both 19' S of Oxford St 41' S of Avon Street 20 mph—School
Somerville Ave Both Laurel Street Granite Street 20 mph—School
Summer Street East Willow Avenue Bow Street 25 mph 1.32 mi
West Bow Street Willow Avenue 25 mph 1.32 mi
Both 69' W of Belmont St 115' E of Spring St 20 mph—School
Sycamore Street Both 55' N of Medford St Evergreen Ave 20 mph—School
Temple Street Both 100' S of Mystic Avenue Derby Street 20 mph—School
Thurston Street Both Medford Street 47' S of Evergreen 20 mph—School
Tremont Street South Webster Avenue Cambridge line 20 mph 0.29 mi
Walnut Street North Bow Street Broadway 25 mph 0.77 mi
Ward Street East Harding Street Medford Street 20 mph 0.09 mi
West Horace Street Harding Street 20 mph 0.03 mi
Washington St Both McGrath Highway Somerville/Boston City Line 25 mph—School 0.46 mi
Webster Avenue Both Washington Street Newton Street 20 mph—School
Willow Avenue Both 82' N of Kidder Avenue 183' S of Kidder Avenue 20 mph—School
SCHEDULE R. HAZARDOUS AND CONGESTED PLACES
Schedule R Hazardous and Congested Places
Street Side From To
College Avenue East Highland Avenue 155 feet north
Elm Street East Highland Avenue 110 feet south
170 feet north of Grove Street 280 feet north of Grove Street
Grove Street 40 feet north of Grove Street
West Day Street 40 feet south of Day Street
Chester Street 40 feet north of Chester Street
Bowers Avenue 35 feet north of Bowers Avenue
Highland Avenue North College Avenue 110 feet east of College Avenue
265 feet east of College Avenue 305 feet east of College Avenue
Grove Street 40 feet west of Grove Street
South College Avenue 150 feet east of College Avenue
265 feet east of College Avenue 325 feet east of College Avenue
Grove Street 50 feet west of Grove Street
Holland Street West Dover Street Day Street
Lowell Street East Vernon Street 40 feet south
SCHEDULE S. SPEED SAFETY ZONES
Schedule S Speed Safety Zones
Street Start End
Aberdeen Road Highland Avenue Cedar Street
Adams Street Broadway Medford Street
Adrian Street Joseph Street Marion Street
Albion Street Central Street Lowell Street
Albion Street 79 Albion Street 133 Albion Street
Albion Street Lowell Street Cedar Street
Aldrich Street At Virginia Street At Gilman Street
Allen Street 7 Allen Street 50 Allen Street
Alpine Street Cedar Street Alpine Street/Princeton Street
Alpine Street Lowell Street Princeton Street
Alston Street Cross Street 50' east of McGrath Highway
Ames Street Bartlett Street Robinson Street (both directions)
Appleton Street Liberty Avenue Willow Avenue
Arlington Street 1 Arlington Street Franklin Street
Arlington Street Franklin Street Lincoln Street
Ash Avenue Meacham Street East Albion Street
Ashland Street Sartwell Avenue Summer Street
Atherton Street Central Street Spring Street
Auburn Avenue Cross Street End of roadway
Austin Avenue
Austin Street
Autumn Street Bonair Street 50' south of Broadway
Avon Street Central Street School Street
Avon Street 74 Avon Street 24 Avon Street
Bailey Road At Shore Drive Temple Road
Bailey Road At Temple Road Ten Hills Road
Bailey Street North Street W Adams Street (both directions)
Banks Street Summer Street Elm Street
Bartlett Street Medford Street Vernon Street
Bartlett Street At Broadway Medford Street
Barton Street Broadway Hamilton Road (both directions)
Baystate Avenue 50' south of Broadway Foskett Street
Beech Street Atherton Street Somerville Avenue
Belknap Street Hamilton Road Broadway
Belmont Place Belmont Street Dead End (both directions)
Belmont Square Belmont Street Dead End (both directions)
Belmont Street Summer Street Highland Avenue
Belmont Street Summer Street Somerville Avenue
Belmont Street Summer Street 36 Belmont Street
Belmont Street Summer Street 91 Belmont Street
Benedict Avenue
Benedict Street
Benton Road Highland Avenue Hudson Street
Benton Road Highland Avenue Summer Street (both directions)
Berkeley Street School Street Central Street (both directions)
Billingham Street William Street Broadway
Blakely Avenue
Bolton Street Houghton Street Oak Street (both directions)
Bonair Street 50' east of McGrath Highway Cross Street
Bond Street At Jaques Street At Broadway
Boston Avenue 150' south of Broadway Morrison Avenue
Bowdoin Street Washington Street Freemont Avenue
Bowers Avenue Cottage Avenue Elm Street
Bradley Street At Pearl Street At Jackson Road
Brastow Avenue Lowell Street Porter Street (both directions)
Bromfield Road Warner Street Dearborn Road
Brook Street Cross Street Glen Street
Browning Road At Central Street At Sycamore Street
Buckingham Street Beacon Street Dimick Street (both directions)
Buena Vista Road Holland Street Meacham Road
Burnham Street Broadway Powder House Boulevard (both directions)
Burnside Avenue Summer Street Elm Street
Cady Avenue Simpson Avenue Dead end (both directions)
Calvin Street Washington Street Beacon Street
Cambria Street Central Street Benton Road
Cameron Avenue Holland Street Seven Pines Avenue (both directions)
Campbell Park Kingston Street Meacham Road (both directions)
Carlton Street Lake Street Somerville Avenue (both directions)
Carter Terrace Summer Street Dead end (both directions)
Cedar Avenue Linden Avenue Cedar Street
Cedar Street 189 Cedar Street 129 Cedar Street
Cedar Street 239 Cedar Street Broadway
Cedar Street Murdock Street Highland Avenue (both directions)
Cedar Street Highland Avenue Elm Street
Cedar Street Highland Avenue Elm Street
Central Road Central Street Sycamore Street
Central Street 7 Central Street 37 Central Street
Central Street 111 Central Street 128 Central Street
Central Street Broadway 177 Central Street
Central Street At Broadway At Medford Street
Centre Street Albion Street Dead End (both directions)
Century Street Meacham Street Edgar Terrace
Century Street At Meacham Street At Edgar Terrace
Chandler Street Broadway Park Avenue (both directions)
Chapel Street Chandler Street College Avenue (both directions)
Charles E. Ryan Road Broadway Cutler Street (both directions)
Charnwood Road Hancock Street Willow Avenue
Cherry Street 27 Cherry Street Elm Street
Cherry Street Steeves Circle Highland Avenue (both directions)
Chester Street Elm Street >City line
Chester Avenue 50' west of Cross Street 50' east of McGrath Highway
Chetwynd Road Curtis Street Hillsdale Road
Chetwynd Road Hillsdale Road West Adams Street (both directions)
Church Street Lake Street Somerville Avenue (both directions)
Claremon Street Holland Street Mead Street (both directions)
Clarendon Avenue Broadway City line
Clark Street Newton Street Lincoln Parkway
Cleveland Street Central Street Harvard Street (both directions)
Clifton Street Appleton Street Morrison Avenue
Clyde Street Warwick Street Cedar Street
College Avenue Broadway Highland Avenue
College Hill Road North Street Conwell Avenue (both directions)
Concord Avenue Beacon Street Newton Street (both directions)
Concord Avenue Springfield Street >38 Concord Avenue
Concord Avenue Prospect Street 38 Concord Avenue
Connecticut Avenue
Conwell Avenue North Street Curtis Street (both directions)
Conwell Street Francis Street Highland Avenue
Cooney Street Beacon Street Line Street
Corinthian Road Broadway Cady Avenue (both directions)
Cottage Avenue Chester Street Russell Street (both directions)
Craigie Street 19 Craigie Street Summer Street
Craigie Street Craigie Terrace (End of existing safety zone) Somerville Avenue (both directions)
Cresthill Road Ten Hills Road Shore Drive
Crocker Street Crown Street Highland Avenue
Cross Street Broadway Pennsylvania Avenue
Cross Street 50' east of McGrath Highway Mt. Vernon Street
Crown Street Porter Street Lowell Street
Curtis Avenue Curtis Street Hillsdale Road (both directions) y
Curtis Street Broadway Powder House Boulevard y
Curtis Street Powder House Boulevard City line (both directions) y
Cutter Avenue Elm Street Highland Avenue y
Cutter Street Webster Street 50' south of Broadway
Cypress Street Central Street Beech Street y
Dana Street 22 Dana Street Bonair Street
Dana Street At Pearl Street At Bonair Street
Dane Avenue Leland Street Dane Street y
Dane Street Somerville Avenue Washington Street (both directions) y
Dartmouth Street Broadway Medford Street
Day Street City line Elm Street y
Delaware Street Pearl Street 50' east of McGrath Highway
Dell Street Tufts Street Glen Street
Derby Street At Wheatland Street At Temple Street
Dickinson Street Springfield Street Beacon Street y
Dickson Street Fairmount Avenue Broadway (both directions) y
Dimick Street Calvin Street Concord Avenue (both directions) y
Dover Street Elm Street City line y
Dow Street Ware Street Powder House Boulevard (both directions) y
Durham Street Beacon Street Hanson Street y
East Albion Street Fremont Street Mt. Vernon Avenue
Eastman Road Highland Avenue Dead end (both directions) y
Edgar Avenue Main Street Meacham Street
Edmands Street 50' south of McGrath Highway Bonair Street
Electric Avenue Curtis Street Mason Street (both directions) y
Eliot Street Park Street Properzi Way (both directions) y
Ellsworth Street Cross Street Rush Street
Elm Street Highland Avenue Grove Street
Elm Street Somerville Avenue Cedar Street (both directions) y
Elmwood Street Holland Street Tannery Brook Row (both directions) y
Elmwood Terrace Elmwood Street Dead end (both directions) y
Elston Street Elm Street Summer Street (both directions) y
Emerson Street Everett Street Newton Street (both directions) y
Endicott Avenue Broadway Hooker Avenue (both directions) y
Endicott Avenue 9 Endicott Avenue 73 Endicott Avenue
Essex Street Richdale Avenue Medford Street (both directions) y
Everett Avenue Cross Street 50' east of McGrath Highway
Everett Street Newton Street Webster Avenue y
Evergreen Avenue 43 Evergreen Avenue Sycamore Street
Evergreen Avenue Sycamore Street Marshall Street
Fairfax St North St Alewife Brook Parkway y
Fairmount Avenue Curtis Street Dead end (both directions) y
Farragut Avenue Broadway Hooker Avenue y
Fellsway W 100 Fellsway W 10 Fellsway W
Fenwick Street Broadway Jaques Street
Fisk Avenue Hinckley Street Lowell Street y
Flint Street Franklin Street 350' west of Flint Avenue
Florence Street Perkins Street 50' north of Washington Street
Forster Street At Central Street At Sycamore Street
Foskett Street Liberty Avenue Willow Avenue
Fountain Avenue Cross Street Glen Street
Francesca Avenue Liberty Avenue 50' east of College Avenue
Francis Street Porter Street Conwell Street y
Franey Road Cedar Street Charles E. Ryan Road (both directions) y
Franklin Avenue 50' north of Washington Street Franklin Street
Franklin Street 50' north of Washington Street 50' south of Broadway
Fremont Avenue Bowdoin Street Parker Street y
Fremont Street Main Street East Albion Street
Garfield Avenue y
Garrison Avenue Broadway Hooker Avenue (both directions) y
George Street 50' south of Broadway Lincoln Street
Gibbens Street Dead End Central Street y
Gilman Street 50' east of Walnut Street Cross Street
Gilman Street Aldrich Street Walnut Street
Glen Street Tufts Street 50' south of Broadway
Glendale Avenue Cameron Avenue Yorktown Street (both directions) y
Glenwood Road Vernon Street Medford Street y
Glenwood Road Medford Street Broadway
Gordon Street North Street Alewife Brook Parkway y
Gorham Street Tannery Brook Row Holland Street y
Governor Winthrop Road 120 Governor Winthrop Road 69 Governor Winthrop Road
Governor Winthrop Road Shore Drive Temple Road
Governor Winthrop Road Temple Road Ten Hills Road
Grand Union Boulevard Route 28 Great River Road (Sylvester Baxter Riverfront Park)
Granite Street Osgood Street Somerville Avenue (both directions) y
Grant Street Broadway 50' south of Mystic Avenue
Great River Road Grand Union Boulevard Artisan Way
Greene Street Laurel Street Summer Street y
Grove Street Elm Street MBTA Busway
Grove Street Morrison Avenue Winslow Avenue
Gussie Terrace Porter Street Linden Avenue (both directions) y
Hall Avenue Liberty Avenue 50' east of College Avenue
Hall Street Cherry Street Cedar Street y
Hamilton Road North Street Russell Road (both directions) y
Hammond Street Concord Avenue Dickinson Street (both directions) y
Hancock Street 50' north of Highland Avenue Lexington Avenue
Hancock Street Summer Street Elm Street y
Hancock Street Summer Street Charnwood Road y
Hancock Street Charnwood Road Lexington Avenue (both directions) y
Hanson Street 9 Hanson Street 47 Hanson Street
Hanson Street Village Street Washington Street y
Hardan Road Ware Street Powder House Boulevard (both directions) y
Harold Street Dimick Street Marion Street (both directions) y
Harrison Road Elmwood Street Dead end (both directions) y
Harrison Street Kent Street Ivaloo Street (both directions) y
Harvard Street Summer Street Atherton Street y
Hathorn Street 50' south of Broadway Arlington Street
Hawkins Street Washington Street Somerville Avenue y
Hawthorne Street Cutter Avenue Willow Avenue y
Heath Street Moreland Street Temple Street
Heath Street Temple Street Fellsway W
Henderson Street Richardson Street Wilton Street y
Henry Avenue Highland Avenue Lexington Avenue y
Henry Avenue 50' north of Highland Avenue Lexington Avenue
Herbert Street Day Street Chester Street (both directions) y
Hersey Street Berkeley Street Oxford Street (both directions) y
High Street North Street Alewife Brook Parkway y
Highland Avenue Lowell Street Cedar Street (both directions) y
Highland Avenue Cedar Street Cutter Ave (both directions) y
Highland Avenue/Holland Street 375 Highland Avenue Buena Vista Road
Highland Avenue 254 Highland Avenue 28 Highland Avenue
Highland Road Boston Avenue Morrison Avenue
Hill Street Fairmount Avenue Broadway y
Hillsdale Road Conwell Avenue City line (both directions) y
Hinckley Street Broadway Richardson Street (both directions) y
Hinckley Street Richardson Street Wilton Street y
Holland Street 69 Holland Street 167 Holland Street
Hooker Avenue Endicott Avenue Victoria Street (both directions) y
Houghton Street Springfield Street City line y
Howard Street Thorndike Street Tannery Brook Row (both directions) y
Howe Street Marshall Street School Street
Hudson Street Lowell Street Central Street y
Hudson Street Cedar Street Lowell Street y
Ibbetson Street Somerville Avenue Lowell Street (both directions) y
Illinois Avenue y
Indiana Avenue y
Irving Street Broadway Holland Street y
Ivaloo Street Harrison Street Park Street (both directions) y
Jackson Road Walnut Street Bradley Street
James Street Pearl Street Radcliffe Road
Jaques Street Edgar Avenue Temple Street
Jaques Street Temple Street Fellsway W
Jasper Street Pearl Street Gilman Street
Jay Street Holland Street Howard Street y
Joseph Street Newton Street Lincoln Parkway (both directions) y
Josephine Avenue Morrison Avenue 50' south of Broadway
Kensington Avenue y
Kent Street Beacon Street Dead end (both directions) y
Kenwood Street Billingham Street College Avenue y
Kidder Avenue 50' east of College Avenue Boston Avenue
Kingston Street City line Meacham Road (both directions) y
Knapp Street Granite Street School Street y
Knowlton Street 50' north of Tufts Street 200' north of Morton Street
Lake Street Church Street Hawkins Street (both directions) y
Landers Street Dead end School Street y
Langmaid Avenue Heath Street Broadway
Laurel Street Summer Street Somerville Avenue y
Laurel Terrace Laurel Street Dead end (both directions) y
Lee Street Richdale Avenue Medford Street (both directions) y
Leland Street Washington Street Dane Avenue y
Leon Street Concord Avenue Dickinson Street (both directions) y
Leonard Street Broadway Powder House Boulevard y
Lesley Avenue Highland Avenue Lexington Avenue (both directions) y
Lesley Avenue 50' north of Highland Avenue Lexington Avenue
Lewis Street Parkdale Street Rose Street y
Lewis Street Magnus Avenue Rose Street y
Lexington Avenue Hancock Street Cedar Street y
Lexington Avenue Willow Avenue 50' west of Cedar Street
Liberty Avenue 50' south of Broadway Appleton Street
Liberty Road Morrison Avenue Appleton Street
Lincoln Avenue Lincoln Street Mt. Vernon Street
Lincoln Parkway Clark Street Joseph Street y
Linden Avenue Summer Street Cedar Avenue y
Linden Avenue Elm Street Summer Street y
Loring Street Osgood Street Somerville Avenue (both directions) y
Lovell Street Broadway Electric Avenue y
Lowden Avenue Foskett Street 50' south of Broadway
Lowell Street Vernon Street Medford Street (both directions) y
Lowell Street 75 Lowell Street 139 Lowell Street
Lowell Street 229 Lowell Street 292 Lowell Street
Lowell Street Albion Street (End of existing safety zone) Highland Avenue (both directions) y
Lowell Street Somerville Avenue Highland Avenue y
Macarthur Street 50' south of Broadway Bonair Street
Madison Street Sycamore Street School Street y
Magnus Avenue Washington Street Lewis Street y
Maine Terrace y
Mallett Street Liberty Avenue Willow Avenue
Malvern Avenue Cameron Avenue Yorktown Street (both directions) y
Maple Avenue School Street Dead end
Marion Street Wyatt Street Concord Avenue (both directions) y
Marion Street Dimick Street Wyatt Street y
Marshall Street 5 Marshall Street 69 Marshall Street
Marshall Street Broadway Pearl Street
Mason Street Broadway Powder House Boulevard (both directions) y
Meacham Road Kingston Street City line y
Meacham Road Dover Street 51 Meacham Road
Meacham Street Fremont Street Healey School Parking Lot
Mead Street Cameron Avenue Moore Street (both directions) y
Medford Street 514 Medford Street 469 Medford Street
Melville Road Ten Hills Road Shore Drive
Melvin Street Broadway Bonair Street
Merriam Street Washington Street Somerville Avenue
Merriam Street Charlestown Street Somerville Avenue
Michigan Avenue y
Miller Street Beacon Street Sacramento Street (both directions) y
Milton Street Orchard Street City line y
Miner Street Vernon Street Ames Street (both directions) y
Minnesota Avenue y
Monmouth Street Central Street Harvard Street (both directions) y
Montrose Street School Street Sycamore Street y
Moore Street Mead Street Holland Street y
Moreland Street Main Street 50' south of Mystic Avenue
Morgan Street Park Street Beacon Street (both directions) y
Morrison Avenue 50' east of College Avenue 50' west of Cedar Street
Morton Street Glen Street Knowlton Street
Mossland Street Elm Street Somerville Avenue y
Mount Vernon Street 50' north of Washington Street 50' south of Broadway
Mountain Avenue Porter Street Dead end (both directions) y
Munroe Street 96 Munroe Street 15 Munroe Street
Murdock Street Cedar Street Clyde Street (both directions) y
Myrtle Street 50' north of Washington Street Perkins Street
Nashua Street Richardson Street Wilton Street (both directions) y
New Hampshire Avenue y
Newberne Street Appleton Street Morrison Avenue
Newbury Street Holland Street Washburn Avenue (city line) y
Newton Street Prospect Street Everett Street y
Newton Street Webster Avenue Everett Street y
Newton Street Concord Avenue Webster Avenue (both directions) y
North Street Broadway Powder House Boulevard
North Street Powder House Boulevard City line (both directions) y
Norwood Avenue Medford Street Broadway
Oak Street City line Prospect Street y
Oakland Avenue School Street Marshall Street
Oliver Street Franklin Street Cross Street
Orchard Street Meacham Road Russell Street y
Osgood Street Loring Street Dead end (both directions) y
Ossipee Road Curtis Street Mason Street (both directions) y
Otis Street Wigglesworth Street 56 Otis Street
Otis Street Cross Street 50' east of McGrath Higway
Oxford Street School Street Central Street y
Packard Avenue Broadway Powder House Boulevard (both directions) y
Park Avenue Wallace Street College Avenue y
Park Place Laurel Street Dead end (both directions) y
Park Street Beacon Street Somerville Avenue (both directions) y
Parkdale Street Washington Street Lewis Street y
Parker Street Fremont Avenue Washington Street y
Partridge Avenue Medford Street Vernon Street y
Partridge Avenue Broadway Medford Street
Paulina Street Holland Street Broadway y
Paulina Street Holland Street 37 Paulina Street
Pearl Street 149 Pearl Street 20 Pearl Street
Pearl Street 50' east of McGrath Highway Mt. Vernon Street
Pearson Avenue Boston Avenue Morrison Avenue
Pearson Road Dearborn Road Broadway
Pembroke Street Central Street Sycamore Street y
Pennsylvania Avenue y
Perkins Street Franklin Street Boston City Line
Perry Street/Wyatt Street 7 Perry Street 23 Wyatt Street
Pinckney Street Perkins Street 50' north of Washington Street
Pitman Street Beech Street Spring Street y
Pitman Street Spring Street Belmont Street (both directions) y
Porter Street Elm Street Highland Avenue (both directions) y
Powder House Boulevard North Street Packard Avenue (both directions) y
Powder House Terrace Liberty Avenue Kidder Avenue
Preston Road Summer Street School Street (both directions) y
Prichard Avenue Boston Avenue >Morrison Avenue
Princeton Street Lowell Street Alpine Street y
Properzi Way 3 Properzi Way 26 Properzi Way
Properzi Way Beacon Street Village Street (both directions) y
Puritan Road 110 Puritan Road 53 Puritan Road
Puritan Road At Shore Drive At Temple Road
Puritan Road At Temple Road At Ten Hills Road
Putnam Road At Shore Drive At Temple Road
Putnam Road At Temple Road At Ten Hills Road
Putnam Street 24 Putnam Street 4 Putnam Street
Quincy Street 2 Quincy Street 33 Quincy Street
Radcliffe Road Marshall Street Walnut Street
Raymond Avenue North Street Curtis Street (both directions) y
Rhode Island Avenue y
Richardson Street Hinckley Street Lowell Street (both directions) y
Richdale Avenue School Street Sycamore Street y
Robinson Street Central Street Bartlett Street (both directions) y
Rogers Avenue Morrison Avenue 50' south of Boston Avenue
Rose Street Lewis Street Washington Street y
Rush Street Flint Street 50' south of Broadway
Russell Road Hamilton Road Broadway y
Russell Street City line Elm Street y
Sargent Avenue Walnut Street Broadway
Sartwell Avenue Cedar Street Cherry Street
School Street 223 School Street 191 School Street
School Street Medford Street Oxford Street (SHS)
School Street Broadway Medford Street
Sewall Street Temple Street Grant Street
Shore Drive Temple Road Bailey Road
Simpson Avenue Broadway Holland Street y
Simpson Avenue 40 Simpson Avenue 7 Simpson Avenue
Skehan Street Dane Street Hanson Street (both directions) y
Smith Avenue Beacon Street Line Street y
Somerville Avenue 583 Somerville Avenue 391 Somerville Avenue
South Street 153 South Street Earle Street
Spencer Avenue Hancock Street Cedar Street y
Spencer Avenue Hancock Street 50' west of Cedar Street
Spring Hill Terrace Belmont Street Highland Avenue y
Spring Street Summer Street Atherton Street (both directions) y
Spring Street Atherton Street Somerville Avenue y
Springfield Street Concord Avenue City Line (both directions) y
St. James Avenue Elm Street Summer Street (both directions) y
Sterling Street North Street Alewife Brook Parkway y
Stickney Avenue School Street Marshall Street
Stone Avenue/Prospect Hill Parkway/Prospect Hill Avenue 44 Stone Avenue 16 Prospect Hill Avenue
Summer Street Central Street Lowell Street (both directions) y
Summer Street 1 Summer Street 48 Summer Street
Summer Street 98 Summer Street 132 Summer Street
Summer Street Porter Street Lowell Street (Morse-Kelley Playground)
Summer Street Cedar Street Lowell Street (both directions) y
Summer Street Cedar Street Willow Avenue (both directions y
Summer Street Elm Street Willow Avenue y
Summit Street College Avenue Billingham Street (both directions) y
Sunset Road Curtis Street Hillsdale Road (both directions) y
Sycamore Street Highland Avenue Medford Street y
Sycamore Street Broadway Medford Street
Sydney Street Temple Street Grant Street
Tannery Brook Row Gorham Street Cameron Avenue (both directions) y
Taunton Street Wyatt Street Marion Street (both directions) y
Taylor Street 50' south of Mystic Avenue Sydney Street
Teele Avenue Packard Avenue Curtis Street y
Temple Road Bailey Road Puritan Road
Temple Road Puritan Road Ten Hills Road
Temple Road Ten Hills Road Shore Drive
Temple Street Jaques Street Broadway
Temple Street 50' south of Mystic Avenue Jaques Street
Temple Street Jaques Street Broadway
Ten Hills Road Shore Drive Temple Road
Ten Hills Road Temple Road Bailey Road
Tennyson Street Pembroke Street Medford Street y
Tennyson Street Medford Street Forster Street
Thorndike Street Holland Street Community Path connection (both directions) y
Thorndike Street Kingston Street Dead end y
Thurston Street Richdale Avenue Medford Street (both directions) y
Thurston Street 82 Thurston Street Medford Street
Thurston Street Broadway Medford Street
Tower Street Highland Avenue 44 Tower Street
Trull Lane Highland Avenue Oxford Street (both directions) y
Trull Street Vernon Street Medford Street y
Tufts Street 50' north of Washington Street Cross Street
Tyler Street Dane Street Properzi Way (both directions) y
Upland Road Curtis Street Hillsdale Road (both directions) y
Vermont Avenue y
Vernon Street Lowell Street Central Street (both directions) y
Victoria Street Broadway Dead end y
Village Street Dane Street Properzi Way y
Vinal Avenue 30 Vinal Avenue 5 Vinal Avenue
Virginia Street Jasper Street Aldrich Street
W Adams Street Conwell Avenue City line (both directions) y
W Quincy Street Bailey Street City line (both directions) y
Waldo Avenue Beacon Street Marion Street (both directions) y
Waldo Street Hudson Street Highland Avenue (both directions) y
Walker Street Leonard Street Broadway y
Wallace Street Broadway Holland Street y
Walnut Road Broadway Walnut Street
Walnut Street 10 Walnut Street 33 Walnut Street
Walnut Street Medford Street 118 Walnut Street
Walnut Street Pearl Street Broadway
Ware Street Russell Road Curtis Street (both directions) y
Warren Avenue Bow Street Columbus Avenue
Warwick Street Cedar Street Clyde Street y
Washington Street 380 Washington Street 352 Washington Street
Washington Street 352 Washington Street Allen Street
Waterhouse Street Woodstock Street Broadway y
Watson Street Fairmount Avenue Broadway (both directions) y
Webster Avenue 50 ft South of Washington Street 50' north of Newton Street
Webster Street Glen Street Franklin Street
Wesley Street Pearl Street Otis Street
West Street Hawthorne Street Highland Avenue (both directions) y
Westminster Street Electric Avenue Broadway y
Weston Avenue Broadway Clarendon Avenue (both directions) y
Weston Avenue Broadway Clarendon Avenue
Westwood Road Benton Road Central Street y
Wheatland Street Broadway 50' south of Mystic Avenue
Wheeler Street Pinckney Street Mt. Vernon Street
Whipple Street 50' north of Highland Avenue Willow Avenue
Whitfield Road Packard Avenue Curtis Street y
Whitman Street Packard Avenue Mason Street y
Wigglesworth Street Pearl Street Bonair Street
William Street Chandler Street College Avenue (both directions) y
Willoughby Street Central Street Sycamore Street (both directions) y
Willow Avenue Elm Street Highland Avenue y
Willow Avenue 50' north of Highland Avenue 50' south of Broadway
Wilton Street Berwick Street Lowell Street y
Windom Street Summer Street Elm Street y
Windsor Road Hancock Street Willow Avenue y
Winslow Avenue Grove Street Clifton Street y
Winslow Avenue Clifton Street 50' east of College Avenue
Winter Street College Avenue Holland Street y
Woodbine Street Lowell Street Centre Street (both directions) y
Woods Avenue North Street Alewife Brook Parkway y
Woodstock Street 98 Woodstock Street Alewife Brook Parkway
Woodstock Street Victoria Street Route 16 y
Wyatt Circle Wyatt Street Wyatt Street (both directions) y
Wyatt Street Taunton Street Concord Avenue (both directions) y
Yorktown Street Dead end Gold Star Road (city line) y
SCHEDULE T. SNOW EMERGENCY EXCEPTION STREETS
Schedule T Snow Emergency Exception Streets
Street Side From To
Crocker St Odd Entire Length
SCHEDULE U. TEMPORARY EMERGENCY CONSTRUCTION RESTRICTIONS
Schedule U Temporary Emergency Construction Restrictions
Location Side From To Time/Day Restriction
Cedar St NW Intersection of Morrison Av For a distance of 40 ft NPAT for the duration of the Ball Sq bridge detour
College Av SE Intersection of Morrison Av Removal of 1 parking meter for the duration of the Ball Sq bridge detour
Columbus Av Opp Stone Av Rescinds 3 RPP spaces (Som Av Project)
Franklin Av Washington St Onto Franklin Av Do Not Enter 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles until completion of GLX project
Highland Av #290 Entire length of building (app. 4 spaces) NPAT until completion of GLX project
Highland Av #79 2 Handicapped Parking Spaces until completion of HS
Highland Av First 2 spaces at the entrance to the concourse School Bus/Van pick up and Drop Off, Mon—Fri 7a-3p Sept—June until completion of HS
Medford St South Just east of Broadway Removal of 3 parking meters until the completion of GLX project
Merriam St Somerville Av Washington St Rescinds one way traffic and allows for 2 way traffic (Som Av Project)
Merriam St Locations TBD Rescinds 3-4 RPP spaces to allow for 2 way traffic (Some Av Project)
Merriam St At Washington St Dead End/No Thru Way (Some Av Project)
Montrose St Entire length Converted to 2 way traffic for the duration of the School St bridge closure
Morrison Av Both At Josephine Av For a distance of 40 ft (regularly 20 ft) NPAT for the duration of the Ball Sq bridge detour
Morrison Av Both At Highland Rd For a distance of 40 ft (regularly 20 ft) NPAT for the duration of the Ball Sq bridge detour
Morrison Av Both At Pearson Av For a distance of 40 ft (regularly 20 ft) NPAT for the duration of the Ball Sq bridge detour
Morrison Av Both At Boston Av For a distance of 40 ft (regularly 20 ft) NPAT for the duration of the Ball Sq bridge detour
New Washington St #9 in front of Ralph and Jenny Ctr Ext 80 ft Pick Up/Drop Off Only until completion of GLX Project
Pearl St North Medford St Walnut St No Parking Anytime, approx. 16 RPP spaces and 8 2 hr spaces for duration of School St
Prospect St South bound Oak St Stop in travel lane Bus Stop for rerouting of 91 Bus
Prospect St North bound Webster Av Stop in 3 RPP spaces Bus Stop for rerouting of 91 Bus
Raymond Ave Opposite #9 Opposite #41 No Parking M—F, 7:00am—4:00pm, for the duration of the West Somerville Community School Playground Improvement Construction Project
School St Beside City Hall 1 HP space until completion of HS
School St West Richdale Av Highland Av No Parking Anytime, approx. 18 spaces for duration of School St Bridge closure
School St East Richdale Av Montrose St No Parking Anytime, approx. 18 spaces for duration of School St Bridge Closure
School St Highland Av Medford St Converted to 2 way traffic for construction vehicles only the duration of the School St bridge closure
Somerville Av South Webster Av Prospect St Temp bag 6 meters for approx. 4mos (Somerville Av project)
Somerville Av 20 ft east of #222 Relocate the existing LZ at 222 (Som Av project)
Somerville Av #222 NPAT (Som Av Project)
Somerville Av #200—220 NP 6a-4p (Som Av project)
Stone Av At first two metered spaces Loading Zone Mon—Fri 8:00 a.m.—12 noon, through 9/1/19
Stone Av At Columbus Av Rescinds 2 RPP spaces on each northern corner (Som Av Project)
Sycamore St Richdale Av Montrose St Allow contraflow bicycling for the duration of the School St bridge
Tufts St East All NPAT for duration of Washington St bridge closure
Walnut St West Just prior to the Library Lot Ext 40 ft LZ Mon—Fri 8a-2p, for duration of HS construction
Walnut St West Highland Av Medford St No Parking Anytime in the LZ, 1 RPP space and 3 2hr spaces. These spaces will be moved to the east side of the street
Walnut St Medford St Highland Av Converted to 2 way traffic for emergency vehicles only for the duration of the School St bridge
Warren Av Bow St Onto Warren Av Do Not Enter 7:00 a.m.—9:00 a.m. and 4:00 p.m.—6:00 p.m. except city residents and bicycles until completion work in Union Sq
Washington St At #257 Relocate 20 ft west Relocate Loading Zone at #257 until completion of Somerville Av construction
Washington St South Just east of the bus stop nearest New Washington St Parking for Shuttle Vehicles Only until completion of GLX project
Washington St #117 from the bus stop Ext 30 ft NPAT until completion of GLX Project
SCHEDULE V. SPECIALTY SIGNS
Schedule V Specialty Signs
Street Side Location Details Sign Details
Morrison Av At #14 Caution Deaf Person
SCHEDULE W. LOCATIONS PROHIBITED THE ISSUANCE OF PARKING PERMITS
Schedule W Locations Prohibited the Issuance of Parking Permits
Number Street
152—158 Broadway
874 Broadway
3 Hawkins Street
371 Highland Ave
344—346 Somerville Ave