[HISTORY: Adopted by the Council of the City of Pawtucket, approved 3-22-1973 as Ch. No. 1384. Amendments noted where applicable.]
The City Council is hereby authorized and empowered to license any person or persons to engage in the business of moving buildings from place to place within the city and to hereby give to such person or persons such right upon the filing of a bond with sufficient sureties to well and faithfully indemnify said city for all damages caused to public property, and to the owners of private property, by reason of any neglect or unlawful act of himself or herself or his or her servants or agents in any removal of buildings, and by reason of the use of the streets in the prosecution of work of moving buildings into and through said streets and to fully pay and satisfy said city and said owners for all loss, costs and expenses occasioned thereby and in all respects to comply with the requirements of the ordinances and all regulations of the City Council relating to the premises. All licenses so granted shall be for the term of one (1) year and shall expire on the first Tuesday in September; provided, however, that any license granted in the month of August shall expire on the first Tuesday in September in the succeeding year.
Whenever the owner of any building shall desire to remove such building along, across or through any of the streets or public highways of this city, a petition shall be presented to the City Clerk asking from the City Council permission to make such removal.
Said petition shall give:
The dimensions of said building and its location.
The place to which it is desired to move the same.
The streets along, across or through which it is to be moved.
The name of the licensed building mover.
In case it shall be necessary to cut down or trim any tree or move any post, wire or other obstruction on or within the line of any public street or on the premises of any person, the location of such tree, post or wire.
At the time of filing said petition, the petitioner shall also file a bond to the City Treasurer in the sum of one hundred thousand dollars ($100,000.) with at least two (2) sufficient sureties, with the condition that the petitioner shall pay all damages, costs and expenses of every name and kind that shall or may be sustained by the city and also that the petitioner will assume the defense of any and all legal proceedings that may in any manner grow out of or be incident to the moving or attempt to move said building; and further, that the petitioner shall pay all losses, costs, damages and expenses whatsoever that may be caused to the property of or be incurred by any person, persons, firm or corporation, in consequence of the moving or attempting to move said building.
Upon the filing of any such petition and bond, the City Clerk shall prepare a copy of said petition with a notice of the time and place when the same will be considered by the City Council, together with a statement that all persons interested may appear and be heard thereon. The petitioner shall cause said notice to be published in the newspaper having the contract for the city advertising three (3) times previous to said hearing.
The City Clerk shall immediately forward said petition to the Inspector of Buildings, who shall forthwith take the measurements of said building and report the same, with any other information respecting the matter that he or she may be able to gain, to the City Council, which report and the bond aforesaid shall be submitted to and approved by the Council before any permit shall be granted for moving said building.
No building shall be moved along, across or through any public street or highway except by a mover duly licensed under the provisions of this chapter and unless a permit therefor shall be first obtained from the City Council, and the permit, if granted, shall prescribe the streets through, along or across which said building shall be removed, and all such removals shall be under the supervision of the Director of Public Works and shall be completed within such time as said Director shall designate.
Every person engaged in or procuring the removal of any building through any of the highways or streets of the city under a permit therefor granted under the provisions of this chapter shall cause to be suitably posted at a proper distance from said buildings, signs or notices that the street or streets occupied by said building or by any of the apparatus for moving the same is or are impassable by reason of moving said building, and at nighttime shall cause a sufficient number of lighted lights to be hung on or about the approaches to said building and shall keep all such lights lighted and in position during all the time between sunset and sunrise that such street or streets may be so occupied by said building or apparatus.
The owner of every building so moved shall pay to the city all damages, costs and expenses of every kind occasioned to the city by or in consequence of moving the same; and in default of such payment on demand therefor, suit on the bond given shall be instituted and prosecuted by the City Solicitor for recovery of the same; and all other persons who may have any claim for compensation for damages sustained by or in consequence of the moving of any building under a permit therefor granted as aforesaid may and are hereby authorized to bring suit for such compensation on said bond in the name of the City Treasurer upon indemnifying the city and its officers against any and all loss because of such suit.
A fee of one hundred dollars ($100.) shall be charged for each permit to move any building along, across or through any of the streets or public highways of the City of Pawtucket, which fee shall be paid to the City Clerk of the City of Pawtucket by the applicant for such permit, but no such fee shall be accepted by said City Clerk until the petition of the applicant has been granted by the City Council.
Every person who shall move or attempt to move or be in any manner employed or engaged in moving any building along, through or across any highway or street within the city, without having been duly licensed to do said work in the manner provided in this chapter, except said person be in the employ of such a licensed mover, and every person who shall cut down any tree or cut off any branch or branches of any tree not his or her own or who shall cut remove or otherwise interfere with any wire or post in connection with the moving of any such building, without such permission of the City Council duly granted in the manner aforesaid, or in a manner not in compliance with the terms and conditions of such permission, shall be fined not more than five hundred dollars ($500.) or imprisoned for not more than thirty (30) days and pay all costs of prosecution and conviction.