[HISTORY: Adopted by the Annual Town Meeting of the Town of Middleton 3-15-1949 by Art. 23. Amendments noted where applicable.]
No person shall be or remain or play any game or amusement, upon any street, sidewalk, public way, passage to the same, doorstep, or other projection from any dwelling house or other building, within the Town, so as to annoy, disturb, or obstruct the passage of any person. Any person so being, remaining or playing as aforesaid shall, when ordered by any constable or police officer or watchman or owner or occupant of such dwelling house or other building, immediately and peacefully depart and stay away therefrom under a penalty of not more than $5 for each such offense. This section shall not apply to any person coasting on any street or way designated for that purpose by the Selectmen according to law.
No person shall ride any horse, or drive any horse attached to a carriage or wagon of any description, or cause the same to be ridden or driven, through any street, sidewalk, public way or square or intersection in the Town, at a rate exceeding 10 miles per hour, under a penalty of not more than $10 for each offense.
No person shall ride any bicycle or horse or drive any team, carriage, horses, goat, cow, swine, other grazing animal, or motor vehicle upon any sidewalk within the Town, or allow any such animal, carriage or vehicle to stand upon any sidewalk, under a penalty of not more than $5 for each offense.
No person who owns or has charge of any horse, cow, goat, swine or other grazing animal shall allow said animal to pasture in any street, way, sidewalk, square or intersection within the Town under a penalty of not more than $5 for each offense.
No person shall light, or cause to be lighted, any bonfire in any street, way, sidewalk, square or intersection, except in such places as the Selectmen may designate, under a penalty of not more than $20 for each offense.
No person shall place or cause to be placed in any street, sidewalk, way, square or intersection within the Town, without the written permission of the Board of Health, any filth, manure, offal, ashes, rubbish, broken glass, nails, decayed fish, decayed animal or vegetable matter, shavings, paper, sawdust, other combustible material, stones, clearings, sweepings or clam, lobster or oyster shells, or any other obstruction whatsoever, under a penalty of not more than $20 for each offense.
[Amended 5-11-1982 ATM by Art. 38]
No person, corporation or Town department shall make any temporary or permanent excavation under the surface of any street, way, sidewalk, square or intersection or break up or dig up any part of such street, way, sidewalk, square or intersection or assist in any such act, for any purposes whatever, without the written permission of the Superintendent of the Division of Public Works, and on the condition that such person, corporation, or Town department shall post with the Town Treasurer-Collector a bond in the amount to be set by the Superintendent of the Division of Public Works for liability and performance and put the surface of such street in such good repair as it was at the time of the granting of the permit. Any person who makes any such excavation, breaking or digging, without obtaining such permission, shall be liable to a penalty of not more than $20. Each day that any such violation continues shall constitute and be considered a separate offense.
[Added 5-14-1985 ATM by Art. 37; amended 5-10-1988 ATM by Art. 55]
The Board of Selectmen shall have the discretion to cause temporary repairs to be made to private ways within the Town, said discretion to be exercised in conformity to the following standards:
Public convenience and necessity. The Board of Selectmen shall not authorize the Superintendent of Public Works to make such repairs unless the Superintendent has first made a determination that both the public convenience and public necessity require the same. In making such determination, the Superintendent shall consider all pertinent factors including, without limiting the generality of the foregoing, the cost of the repairs and the benefit to the general public resulting therefrom.
Abutters' petition. Repairs shall not be made without the written request of no fewer than 2/3 of the landowners, as certified by the Board of Assessors, whose property abuts the private way.
Type and extent of repairs. Temporary repairs may include the filling and grading of holes and repairs to the surface. Materials used, when practical, shall be the same as, or similar to, those used for the existing and surrounding surface, but may also include bituminous concrete or other materials.
Drainage. Installation and repair of existing drainage may be made if practical and necessary. The Town shall not be liable for any drainage condition resulting from temporary repairs.
Betterment assessment. There shall be one-hundred-percent betterment assessment of the cost of temporary repairs. However, as an alternative method the Selectmen may require abutters to the private way to pay 50% of the estimated cost of the temporary repairs instead of 100%. Said fifty-percent payment shall be deposited with the Town Treasurer-Collector prior to the repairs being made; any excess of such funds paid by the abutters shall be returned to the abutters upon completion of the repairs. The cost of the temporary repairs shall include labor, material, equipment and inspection.
Funding of temporary repairs. The Town's share of the cost of temporary repairs to private ways in any fiscal year shall not exceed 10% of the Department of Public Works budget for roadway resurfacing work on Town roads for that fiscal year. Funds in excess of this limit may be appropriated at the Annual Town Meeting.
Public use. No private way shall be repaired hereunder unless and until it has been open to the use of the public and plowed and sanded by the Town for no less than six years.
Liability. The Town of Middleton shall not be liable for any damages caused by said temporary repairs.