[Adopted 2-17-1934 ATM by Art. 37 as Ch. VII of the 1934
Bylaws]
[Amended 6-14-2021 ATM by Art. 46]
No person shall place or cause to be placed
in any one of the public streets, ways or places without a permit
from the Superintendent of the Board of Public Works or, in his/her
absence, from the Select Board any dirt, rubbish, wood, timber, building
material or matter of any kind under penalty of not less than $5 nor
more than $15. When such permit is granted, the applicant must maintain
a suitable cautionary signal over or near the obstruction as a warning
to those using the same way or place in a lawful manner.
A.
No person shall leave any wagon, cart or other vehicle
in any street, public way or place or any sidewalks of the town, nor
allow same to remain overnight, without maintaining a suitable and
sufficient light on same to prevent injury to travelers using the
public way or place in a lawful manner. Violations of the above regulation
shall be punished by a fine of $10 to $20 for each and every offense.
B.
No person shall leave a vehicle having a carrying
capacity of more than one ton in any street or public way during the
period from 1/2 hour after sunset to 1/2 hour before sunrise unless
for the purpose of making temporary stops not exceeding one hour in
duration. The violation of this section shall be punished by a fine
of not more than $20 for each and every offense.
[Added 11-16-1961 STM by Art. 9]
[Amended 12-7-1996 STM by Art. 8]
A.
No person shall operate or ride any wheeled device
for human transportation, including but not limited to a scooter,
roller skates, skateboard, roller skis or in-line skates, but not
including devices intended to aid the handicapped or infirm or carriages,
strollers or similar devices being used to transport infants or young
children, in or on any of the following:
(1)
Any public building and the walkway, stairs or grounds
of a public building.
(2)
Any Town property, public way or part thereof, including
the sidewalk if posted by the Town prohibiting such use.
(3)
Any private property or part thereof if posted by
the owner, lessee or person in charge of the property prohibiting
such use.
B.
When the use of any such device is not otherwise prohibited:
(1)
A person shall not operate or ride any such device
on a street, way or parking lot which is open to motor vehicle traffic
so as to endanger or interfere with motor vehicle traffic on any such
street, way or parking lot and shall at all times yield the right-of-way
to motor vehicle traffic, except as otherwise provided by the traffic
laws and regulations of the commonwealth.
(2)
Operators or riders of any such device shall yield
the right-of-way to other pedestrians using public sidewalks or upon
a street or way and shall not otherwise endanger or interfere with
pedestrian traffic on a public sidewalk or upon a street or way.
C.
Any person who violates this section shall be fined
$25 for the first violation, $50 for the second violation and $100
for every subsequent violation. In addition to any other remedy provided
for by law, fines for the violation of this section may be recovered
by noncriminal disposition in accordance with MGL c. 40, § 21D.
No person shall coast upon any sidewalk of the
Town or upon any public way, except at such times and in such places
as may from time to time be designated by the Chief of Police and
the Superintendent of the Board of Public Works.
[Amended 11-6-1997 STM by Art. 18]
A.
Except as provided in this section, no person shall
sell any food, beverages or merchandise and/or to rent equipment or
other things on and from any Town sidewalk. The Select Board may,
from time to time, determine that it is in the public interest to
authorize the sale of food, beverages or merchandise on Town sidewalks.
Following such determination, any person may submit an application
for a permit issued by the Select Board in the manner provided by
this section.
[Amended 6-14-2021 ATM by Art. 46]
B.
Application for permit; hearing; issuance.
(1)
An application for permit under this section shall
be submitted to the Select Board along with a plan detailing the location
of tables, chairs and other fixtures or equipment to be used, clearance
for sidewalk passage, clearance for access and egress to the property;
side property line setbacks; and such other information as the Select
Board may require to demonstrate compliance with this section. The
applicant shall submit a complete copy of the application and attachments
to the Building Commissioner; Board of Health; Chief of Police; Fire
Chief; and Superintendent of Public Works. Upon proof of delivery
to the listed Town officers, a hearing before the Select Board shall
be scheduled to be held within less than 14 days. The applicant shall
give notice of the hearing by registered mail to all abutting property
owners and owners abutting the way directly across from the subject
property and its abutting properties by registered mail.
[Amended 6-14-2021 ATM by Art. 46]
(2)
At the hearing, the applicant shall submit proof of
delivery of the notice to the Select Board, along with certification
from the Board of Assessors of the persons entitled to notice.
[Amended 6-14-2021 ATM by Art. 46]
(3)
A permit shall be issued to an applicant whose application
demonstrates compliance with the standards set forth in this section.
C.
Each permit issued shall specify:
(1)
The area in which food, beverages or merchandise may
be sold or sidewalk cafe may be operated.
(2)
The hours of operation shall begin no earlier than
8:00 a.m. and conclude no later than 8:00 p.m. of the same day.
(3)
No tables, chairs or any other furnishings shall be
placed in the area used for the sidewalk cafe during any period when
the sidewalk cafe or sidewalk sale of merchandise is not open and
being operated. All storage of tables, chairs and other furnishings
shall be stored inside the business premises.
(4)
The sale of food, beverages or merchandise shall only
occur on the sidewalk immediately abutting the storefront. No sale
of food, beverages or merchandise shall obstruct sidewalk pedestrian
traffic, accessibility to vehicles parked adjacent to the curb, or
create public health or safety hazards. A forty-eight-inch minimum
paved clear dimension for pedestrian use shall be required. Such clearance
shall be measured from the face of the curb to the nearest point of
the sates area.
(5)
Tables, chairs and other furnishings shall not block
a required forty-eight-inch minimum pathway serving as access and
egress from the store.
(6)
No tables, chairs or other furnishings shall be located
within the required zoning side yard setbacks.
(7)
Sidewalk cafes shall be used only as seating areas.
Storage, kitchen or restroom uses are not allowed.
(8)
Alcoholic beverages shall not be served, sold or consumed
in the public right-of-way.
(9)
The applicant shall provide a certificate of insurance
showing sufficient coverage for liability resulting from sidewalk
sales.
(11)
Lighting shall not be affixed to any vehicle,
tree or other Town property.
(12)
Noise produced by any audio equipment or other
device used to attract attention to the place where the food, beverages
or merchandise is being sold shall not be allowed.
(13)
The sidewalk area within 100 feet of where food,
beverages or merchandise is sold shall be monitored for trash that
may be produced by the operation. The permit holder, at its sole expense,
shall be responsible for keeping this area clean.
(14)
Sidewalks will be required to be swept and washed
at the conclusion of business each day by the permit holder. Trash
disposal and electricity will be provided from within the establishment.
(15)
Permits issued under this section are renewable
on January 1 through application to the Select Board.
[Amended 6-14-2021 ATM by Art. 46]
(16)
The Select Board shall have the authority to
suspend or revoke any permit in the event of a violation of the terms
or conditions of this section.
[Amended 6-14-2021 ATM by Art. 46]
D.
The Select Board may, after notice to permit holders,
public notice and a public hearing determine that it is no longer
in the public interest to allow the sale of food, beverages or merchandise
on Town sidewalks and may thereupon revoke or refuse to renew all
permits issued under this section.
[Amended 6-14-2021 ATM by Art. 46]
No person shall permit any horse, cattle, sheep,
swine or neat animals or other grazing animals to pasture, graze or
go at large on any street or public place.
[Amended 6-14-2021 ATM by Art. 46]
No person shall in any manner affix any bill,
placard or poster nor paint, draw or write any words, figures or devices
upon any property of the town, not his own, without permission of
the owner, bordering on the highway, nor upon any Town property without
first obtaining consent of the Select Board.
[Amended 6-14-2021 ATM by Art. 46]
A.
No person who is not in the employ of the Town or
some office or department thereof having authority so to do shall
dig up or excavate or assist in breaking up or digging up or excavating
any part of a public street, highway or Town way, or removing any
gravel or other similar thing from a public street, highway or Town
way, unless he/she has obtained from the Select Board a written license
therefor.
B.
Said licensee shall restore said street, highway or
Town way to a condition satisfactory to the Select Board, and the
expense of repairs on said ways rendered necessary by said digging
up and occurring within one year thereafter shall be borne by such
licensee.
[Added 5-6-1980 ATM by Art. 21]
The Town may make temporary repairs on private
ways (commonly referred to an "unaccepted streets") as herein provided.
A.
Such repairs may include the filling of holes in the
subsurface of such ways and repairs to the surface materials thereof.
Materials for such repairs shall, where practical, be the same as
or similar to those used for existing surfaces of such ways.
B.
Repairs may include the installation and construction
of drainage.
C.
Petitions for repairs shall contain a description
of the repairs, together with an estimate of the cost, be signed by
a majority of the abutters and submitted to the Board of Public Works,
which, after investigation and determination that said repairs are
required by public necessity, may at its discretion recommend that
Town Meeting authorize said repairs and appropriate funds therefor.
For purposes of this subsection, "a majority of the abutters" shall
mean the owners of more than 50% of the frontage.
D.
Betterment charges shall not be assessed for repairs
performed hereunder.
E.
The Town shall not be liable on account of any damage
caused by repairs made pursuant to this section.
F.
No cash deposit shall be required for repairs made
pursuant to this section.
G.
Repairs as provided by this section may be made only
on such ways as have been open to the public for 10 years or more.
[Added 1-11-1979 STM by Art. 7]
No person shall pump, siphon or otherwise discharge
any water or other liquid substance under his/her control into or
across any public street or sidewalk without having first notified
the Board of Public Works of such proposed pumping, siphoning or other
discharge and having received from the Board of Public Works a written
permit authorizing same.
