[Adopted 5-5-1992 ATM by Art. 69, approved 8-3-1992[1]]
[1]
Editor's Note: This article superseded former Art. I, Removal of Lights and Barricades, adopted 4-3-1979 ATM by Art. 85, approved 8-18-1979.
A. 
No person, except in an emergency as provided In Subsection C below, may contract for, or make any excavation or alteration of any public way, sidewalk or bicycle path without first having received a permit for such alteration or excavation from the Town of Nantucket Department of Public Works and the Select Board. Said application for a permit shall contain such information as may be required by the Department of Public Works and/or the Select Board. No excavation or alteration may be made between November 15 and April 15, except in an emergency as provided in Subsection C.
[Amended 4-14-2005 ATM by Art. 57, approved 8-5-2005; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
B. 
The application for any permit, except in an emergency as provided in Subsection C below, must be received by the office of the Department of Public Works at least 72 hours prior to the planned start of said alteration or excavation.
C. 
In the case of any emergency, said person ("applicant") shall notify the Department of Public Works Superintendent or his designee prior to the excavation or alteration of the public way, sidewalk or bicycle path. The Superintendent or his designee shall then determine if the condition actually constitutes an emergency and, if so, may authorize such excavation or alteration prior to issuance of the permit. The applicant who receives such authorization shall comply with all provisions of § 127-1A as soon as practicable. In the event that the emergency occurs after normal working hours, the applicant shall contact the Nantucket Police Department, which shall then notify the appropriate Department of Public Works personnel to make said emergency determination. In the event that an emergency is found not to exist, the work shall not proceed except in accordance with Subsection A above.
A. 
No person shall make any excavation or alteration of any public way, sidewalk or bicycle path, nor shall he/she place or cause to be placed any obstruction upon any public way, sidewalk or bicycle path without using sufficient barricades, barrels, traffic cones or other safety measures to sufficiently denote the excavation, hazard or obstruction.
B. 
If the excavation, hazard or obstruction shall be present during the hours of darkness, said safety measures shall include an amber flashing light.
C. 
If the excavation, alteration or the placement of an obstruction presents, or may present, a hazard or disruption to vehicular or pedestrian traffic, the Chief of Police may require said person undertaking such work to utilize sufficient signage, or other means, to safeguard pedestrian or vehicular traffic and to properly denote or establish appropriate detours or temporary traffic patterns.
No person shall, without proper authority, tamper, extinguish or move any sign, light, barrel, traffic cone or barricade placed to denote any construction, excavation, detour, obstruction or hazard in or upon any public way, sidewalk or bicycle path.
A. 
Any person, upon being notified by a police officer that he/she is in violation of this article, shall immediately cease all activities which constitute said violation.
B. 
Any police officer of the Town may utilize the noncriminal disposition specified in Chapter 1, Article II, of the Code of the Town of Nantucket.
C. 
A violation of this article shall be punishable by a fine of $200. Each day shall constitute a separate violation.