A Department of Public Works is hereby established
for the town, to be under the control of a Superintendent of the Department.
The Superintendent shall be appointed by the Mayor. This Department
shall include the Water, Highway, Sewer and Engineering Departments.
[Amended 9-18-1989 by TOR-89-15]
A. Pursuant to MGL C. 40, § 6N, the Agawam
Department of Public Works is authorized to make temporary repairs
to private ways and unaccepted streets that have been open to public
use for a minimum of six years.
B. Such repairs shall include the filling of holes in
the subsurface of such ways and repairs to the surface materials thereof.
Materials for such repairs, where practical, should be the same as
or similar to those used for the existing surfaces of such ways, but
may include surfacing the ways with bituminous materials, including
but not limited to bituminous concrete.
C. Drainage, as determined by the Department of Public
Works to be necessary as a result of the repairs, may also be done.
Said repairs need not be requested by a petition of the abutters,
but may be initiated by the Department of Public Works upon the determination
that the repairs are required by public necessity.
D. There shall be no betterment assessments for these
repairs, nor shall a cash deposit from any abutters be required.
E. The Town of Agawam shall not be liable on account
of any damage whatsoever caused by such repairs, and MGL C. 84, § 25,
shall not apply. The Town of Agawam shall not be liable to any abutter
for any claim arising out of said repairs.
The Town Council may, if in its judgment the
public convenience so requires, establish and grade sidewalks in the
streets and may assess the abutters on such sidewalks 1/2 the cost
thereof, the residue to be paid by the town. No such sidewalk shall
be dug up or obstructed without the consent of the Town Council or
the Mayor. The Town Council may, if in its judgment the public convenience
so requires, grade and construct sidewalks and complete partially
constructed sidewalks in any street with or without edgestones, may
cover the same with brick, flat stones, concrete, gravel or other
appropriate material and may assess not more than 1/2 of the costs
proportionally upon the abutters on such sidewalks; but no abutter
shall be assessed an amount exceeding 1% of the valuation of his abutting
estate as fixed by the last preceding annual assessment for taxes.
There shall be a deduction from the assessment for sidewalks so constructed
with edgestones and covered any amount previously assessed upon the
abutting land and paid for the cost of the construction in any other
manner of such sidewalk. Such deduction shall be made proportionately
from the assessment upon abutters who are owners of the land in respect
of which such former assessments were paid. Such sidewalks when so
constructed and covered shall be maintained at the expense of such
town. In estimating the damage sustained by the construction of such
sidewalks, the benefit, if any, to the property of the party by reason
thereof shall be allowed in setoff.
Three or more persons shall not stand together
or near each other in any street, sidewalk or on any footwalk in the
town so as to obstruct the free passage for foot passengers, and any
persons so standing shall move on immediately after a request to do
so by the Chief of Police or any police officer.
No person shall grow, cause to grow, construct,
cause to be constructed or maintain any shrubs, trees, plants, fences
or other things to any height at or near any intersection of ways
within the town which shall obstruct the view of operators of vehicles
passing along the traveled way.
The Department of Public Works shall have the
authority to plow snow from sidewalks where children are required
to walk to school on main arteries, including both paved and dirt
sidewalks.
No person shall throw a ball, stone or other
missile in, upon or across any street, except that the Town Council
may set apart various parts of the streets in which persons may play
ball under such conditions and restrictions as it may determine.
No person shall discharge any missile from any
air gun or air rifle, slingshot or other like instrument within, upon,
over or across any street.
No person shall lead, ride or drive any horse,
mule, cow or meat cattle upon or over any sidewalk except to cross
the same.
[Amended 5-4-1992 by TOR-92-9; 3-6-1996 by TOR-95-10]
A. No person shall damage any sidewalk owned by the town.
Damage to any sidewalk includes dislodging a portion of the pavement,
and/or cracking and suppressing a portion of the pavement. Any person
violating the provision of this section shall be punished for each
offense with a fine commensurate with a total replacement cost of
the damaged section of the sidewalk.
B. Sidewalks and tree belts.
(1) This subsection shall not apply to property which
is zoned agricultural and which is actively being utilized for agricultural
and/or horticultural use.
(2) The tenant or occupant of any real estate in the town
which abuts on any public or private way in the town and, in case
there is no tenant or occupant, the owner of such real estate, shall
keep that portion of the public or private way commonly known as the
"sidewalk" and the "tree belt" mowed and free and clear of all litter,
debris, noxious weeds, brush, any other kind of rubbish and automobiles
and shall maintain the same in a clean and sanitary manner and also
have uninterrupted clear vision at all intersections.
Whoever violates any of the provisions of this
Article shall be punished by a fine of not more than $100 and not
less than $20.
[Added 6-6-2005 by TOR-2005-3]
A. Any violation of this chapter, Chapter
155, may, in the discretion the Inspector of Buildings, or his designee, or any police officer as directed by the Police Chief or his designee, be enforced by the noncriminal complaint method for which provision is made, and/or as set forth in MGL c. 40, § 21D, as amended from time to time, that is, noncriminal disposition. Fines issued pursuant to §
155-16.1 shall be as follows:
(3)
Third offense and each subsequent offense: $100.
B. Each day on which a violation exists shall constitute
and be deemed a separate offense.