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.
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.
B. Violation of §
400-5D of this article shall result in a fine of $25 for the first offense and $50 for each subsequent offense. Each day a violation of any section of this article continues shall constitute a separate offense.