A.
No person shall place, erect or cause to be placed or erected within
any sidewalk, street or highway any fixture or structure unless a
permit issued by the Board of Selectmen in the case of town ways or
by the Department of Public Works, Commonwealth of Massachusetts,
in the case of state highways, authorizing such placing or erection
has been granted and is in effect.
B.
No person, other than one employed directly or indirectly by this
town or by the Commonwealth of Massachusetts and while in the performance
of necessary public duties, shall at any time place or leave in any
sidewalk, street or highway any article, material or merchandise or
park a vehicle or cart in any sidewalk, street or highway for the
purpose of displaying merchandise unless a permit issued by the Board
of Selectmen in the case of town ways or by the Department of Public
Works in the case of state highways, authorizing the use of the sidewalk,
street or highway has been granted and is in effect, except as may
be necessary for the reasonable and expeditious loading or unloading
of any such article, material, merchandise, cart or vehicle; provided,
however, that such property shall never be left so as to obstruct
the free passage of pedestrians or vehicular travel.
C.
Any such fixture, structure or property as referred to in this section
which has been erected, placed or left illegally in any street, highway
or sidewalk may be moved by or under the direction of an officer and
at the owner's expense.
The Board or officer issuing permits for such use of sidewalks,
streets or highways as is described in the previous section may, in
its or his discretion, when occasion justifies, demand a suitable
cash deposit, surety bond or insurance indemnity policy to save the
town or the Commonwealth of Massachusetts harmless from all liability
of any nature whatsoever caused directly or indirectly by such use
of the sidewalk, street or highway.
