How Somerville Handles Public Conduct: A Practical Guide

Somerville maintains 147 local ordinances across all categories, and 7 of those deal specifically with public conduct. Here is a breakdown of what the city actually requires, what is prohibited, and where Somerville falls on the strict-to-permissive spectrum compared to other cities.

Public Marijuana Use

Somerville bans giving, selling, delivering, or consuming marijuana or THC in parks, playgrounds, school grounds, pools, skating rinks, and public housing common areas, and extends the ban to within 50 feet of those places under Sec. 9-3 of the city code.

Key details: Banned locations: Parks, playgrounds, school grounds, pools, rinks. Buffer zone: 50 feet from those locations. Housing common areas: Hallways, stairwells, rooftops, sidewalks included. Enforcement: Somerville Police Dept., confiscation on sight. Last amended: Ord. No. 2018-23, effective 12/13/2018.

Anyone caught giving, selling, delivering, or consuming marijuana in a banned location has the marijuana or THC confiscated by police and faces a fine under Sec. 1-11 of the Code of Ordinances (Sec. 9-3(c)). Selling or delivering without both a Cannabis Control Commission license and a Somerville Licensing Commission permit is a separate violation of Sec. 9-3(b), independent of the location-based ban.

Compared to other cities, Somerville takes a harder line on public marijuana use. The enforcement and penalty structure reflects that.

Public Alcohol Use

Somerville bars drinking or carrying an open alcohol container in any park, playground, school ground, pool, skating rink, or public housing common area, and on any city street unless a licensed vendor's outdoor seating or a permitted street event covers the drink.

Key details: Banned areas: Parks, playgrounds, schools, pools, rinks, streets. Open container test: Seal broken once, even if recapped. Street exception: Licensed outdoor seating or permitted street event. Housing projects: Common areas fully covered by ban. Last amended: Ord. No. 2017-02, effective 1/26/2017.

Violating the housing-project ban leads to confiscation of the container by police and a fine under Sec. 1-11 (Sec. 9-1(d)); the park and street provisions likewise authorize on-the-spot confiscation of both opened and unopened containers. The rule dates to the 1963 Code § 12-14 and was last amended by Ord. No. 2017-02, effective January 26, 2017.

This is not one of those rules that cities tend to ignore. Somerville actively enforces its public alcohol use requirements.

Loud Party Ordinance

Somerville can fine a property owner, host, or attendee after police respond to a 'gathering constituting a public nuisance,' meaning excessive noise, traffic, underage drinking, or fighting, with liability escalating for property owners after a second response within a year.

Key details: Adopted: Ord. No. 2011-07, effective 10/13/2011. Who can be fined: Resident, organizer, and responsible attendees. Second-response liability: Property owner added after 2nd nuisance/year. Notice deadline: Police mail notice within 10 days. Appeal: Hearing before municipal hearing officer.

Fines run under Sec. 1-11 through the noncriminal disposition process of M.G.L. c. 40, § 21D, enforced by any Somerville police officer, with each violation a separate offense (Sec. 9-97(h)). No scientific noise measurement is required to issue a citation. Anyone fined can request a hearing before a municipal hearing officer under Chapter 106 of the Acts of 2008 (Sec. 9-97(i)).

Compared to other cities, Somerville takes a harder line on loud party ordinance. The enforcement and penalty structure reflects that.

Outdoor Smoking Restrictions

Somerville bans smoking tobacco products within 50 feet of scheduled events, monuments, and all school grounds, playgrounds, parks, and tot-lots on city property. City Code Sec. 6-3 defines smoking to include vaping and e-cigarettes, not just lit tobacco.

Key details: Governing section: City Code Sec. 6-3. Buffer distance: 50 feet. Covers vaping: Yes, e-cigarettes included in definition. Protected locations: Parks, playgrounds, school grounds, tot-lots. Also covers: Monuments/memorials and scheduled events.

Somerville treats a Section 6-3 violation like other Chapter 6 health-code offenses, subject to the general municipal fine schedule and enforcement by the city's health and code enforcement staff, with each instance of smoking within a protected 50-foot zone constituting a separate violation given the section's per-location, per-event structure.

This is not one of those rules that cities tend to ignore. Somerville actively enforces its outdoor smoking restrictions requirements.

Jaywalking

Somerville pedestrians must cross within a marked crosswalk whenever one exists within 300 feet, per Traffic Commission Regulations Section 12-1. Step off anywhere else and the pedestrian, not the driver, must yield to every vehicle on the roadway under Section 12-5. The Somerville Police Department enforces the rule, and violators are punished under Massachusetts General Laws Chapter 90, Section 18A.

Key details: Mandatory crosswalk zone: 300 feet. Non-crosswalk crossers: must yield to all vehicles. Governing rule: Traffic Commission Regs Sec. 12-1. Enforcement: Somerville Police Department. Penalty statute: M.G.L. c. 90, Sec. 18A.

Any pedestrian who crosses outside a marked crosswalk within 300 feet of a signal, officer, or crosswalk, or who ignores the yield duty in Section 12-5, is punished under Massachusetts General Laws Chapter 90, Section 18A, the statute Section 12-10 incorporates by reference. Somerville police officers issue the citations under Section 12-8's citywide enforcement authority; the Traffic Commission Regulations set no separate municipal fine schedule for this article.

Loitering Rules

Somerville bars sauntering or loitering on a sidewalk for more than five minutes after a police officer directs a person to move on, obstructing foot travelers' free passage, or congregating with others to loaf on a sidewalk, street or other public place.

Key details: Time limit after police order: 5 minutes to move on. Also prohibited: Obstructing foot traffic; group loafing. Default penalty: $300 per offense. Enforcing agency: Somerville Police. Origin: Code 1963, former § 12-12.

No specific fine is listed for section 12-11 in the code's penalty schedule, so the general default under section 1-11(a) applies: a $300 fine for each offense, with each day of a continuing violation counted separately. Police officers are the enforcing personnel, since section 1-11(b) makes officers enforcing personnel for chapter violations lacking a named enforcing department.

Skateboarding Rules

Somerville bans skateboarding, along with baseball and football, on all city-owned property inside a mapped zone bounded by Walnut Street, Highland Avenue, School Street and the B&M railroad tracks. Police enforce it with escalating fines under Sec. 12-46 of the Code of Ordinances.

Key details: Governing section: Code of Ordinances Sec. 12-46. Restricted zone: Walnut St/Highland Ave loop to School St. 1st offense fine: $50.00. 3rd+ offense fine: $200.00. Enforcing agency: Somerville Police Department.

The citywide penalty schedule sets fines under Sec. 12-46 ("Activities on Certain Public Property") at $50 for a first offense, $100 for a second, and $200 for a third and each subsequent offense, enforced through noncriminal disposition under G.L. c. 40, Sec. 21D by police and the traffic and parking department. Riding a motorized skateboard on a public way instead draws a flat $50 fine under Sec. 9-94.

This is one of the stricter rules in Somerville's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

The Bottom Line

Somerville is tougher than many cities when it comes to public conduct. Out of the 7 rules covered here, 5 are rated strict. If you are a homeowner, renter, or business owner in Somerville, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

All of the above reflects Somerville's municipal code as of our last review. If you need specifics on fines, exemptions, or filing requirements, the detailed ordinance pages linked above have the full breakdown.