[Adopted as Art. 17, §§ 17.1
to 17.8 of the 1990 Bylaws]
No person shall obstruct by means of placing
any physical material or object on any sidewalk or street or any part
thereof or break or dig the ground of the same without first obtaining
a written permit from the Director of Public Works as provided by
this article.
Every person intending to erect, repair or take
down any building on land abutting on any street or way which the
City is required to keep in repair and who desires to make use of
any portion of said street or way for the purpose of placing therein
building materials or rubbish shall make written application to the
Director of Public Works for a permit to obstruct or occupy such street
or way for a temporary period. The Director of Public Works may grant
a permit to occupy temporarily a portion of said street or way, and
such permit shall be upon the condition that the person so authorized
shall keep a sufficient number of lighted lanterns or other suitable
warnings at or near the parts of the street or way obstructed or unsafe,
and shall keep a railing or guard around the same, while such construction
shall continue. If such obstruction is to continue for a period in
excess of three days, the person to whom such permit is granted shall
place a safe temporary walk around said obstruction. Upon the completion
of work, the person to whom the permit is granted shall restore the
street or way to the satisfaction of the Director of Public Works.
Any person who desires to dig up or cause to
be dug up any street or way in the City or to obstruct or occupy any
portion of a street or way in the City shall make written application
to the Director of Public Works stating therein the street or streets
and the portions of the same which are to be excavated or obstructed
and the reason for such excavation or obstruction and any other information
which the Director shall require. The applicant shall also execute
a written agreement to indemnify and save harmless the City against
and from all damages, by reason of cost, expense or of any other nature,
it may suffer or be put to by reason of any claim for damages or by
reason of any proceeding, criminal or civil, arising or growing out
of the existence of such excavation or obstruction. Upon completion
of the work the person granted such a permit shall restore the street
or way to the satisfaction of the Director of Public Works.
All requests for permits to be granted by the
Director of Public Works under any provision of this article shall
be in writing and signed by the person requesting such permit or his
agent duly authorized. All permits shall be signed by the Director
of Public Works granting the same, and duplicates thereof shall be
retained in the files of the Department of Public Works. Permits granted
under this article shall not remain in force more than 90 days from
the date of issuance unless such period shall be extended upon application
made to the Director of Public Works.
A.
The Mayor may declare a snow emergency for the purpose
of removing or plowing snow, or removing ice from any way. During
a snow emergency, the Director of Public Works or his agent is authorized
to remove any vehicle interfering with such work to some convenient
place, which term shall include a public garage, and the owner of
any vehicle so removed shall be liable for the cost of such removal
and the storage charges, if any, resulting therefrom. The Director
of Public Works shall maintain a policy on snow emergency notification
procedures subject to approval by the Mayor.
[Amended 10-15-2019 by Bill No. 2019-074]
B.
No person shall push, dump, plow, or unload snow from
private property into or onto any public way in City, nor shall any
person, directly or indirectly, cause or permit his premises or any
part thereof to be cleared of snow by pushing, plowing, removing,
dumping, or unloading such snow upon any public or other way used
for travel within the City.
C.
No person shall put or place any snow, ice, or other
materials in any gutter in any of the streets of the City where a
culvert has been constructed so as to prevent the free passage of
water into such culvert.
D.
The tenant or occupant and, in case there shall be
no tenant or occupant, the owner or any person having the care of
any building or lot of land bordering on any street, lane, court,
square, or public place within the City, where there is a sidewalk,
shall cause all snow to be removed and ice to be treated that may
be on such sidewalk therefrom within 24 hours after the snow ceases
to fall. The provisions of this subsection shall apply to snow and
ice which falls from buildings as well as to that which falls from
the clouds.
[Amended 10-4-2022 by Bill No. 2022-110]
E.
The Department
of Public works shall clear snow, ice and slush from certain City
sidewalks including portions of both school pedestrian routes and
specific arterial and collector roadways. Each year during the month
of November, the Director of Public Works shall publish an updated
snow and ice plan including sidewalk snow clearing routes. The Director
of Public Works shall send a copy of the snow and ice plan to the
Mayor, City Council and the Superintendent of Schools, and post on
the City website.
[Added 10-4-2022 by Bill No. 2022-110]
F.
The Council
on Aging in collaboration with local organizations shall annually
prepare lists of persons available to provide snow clearing assistance
either for a fee or on a volunteer basis. Said lists shall be referenced
in the snow and ice plan submitted November each year, and be made
available at the City Clerk's office.
[Added 10-4-2022 by Bill No. 2022-110]
No persons shall cause cellar water, surface
or percolating water or other drainage to be collected in any artificial
manner so that the same will be pumped or discharged directly upon
any public or other way within the City or upon his own land in such
a manner that it will flow upon any such ways so as to create a public
hazard.
[Amended 7-13-2010 by Bill No. 2010-057; 10-4-2022 by Bill No. 2022-110]
A.
The enforcement of this article shall be under jurisdiction
of the Director of Public Works and their agents, the Director of
Inspectional Services and their agents, and members of the Amesbury
Police Department.
