City of Waltham, MA Article XIV Consolidated Public Works Department

Sec. 2-210 Established.

[Ord. No. 30192, 6-27-2005[1]]

There is hereby established a principal department to be known as the "Consolidated Public Works Department" (CPW).

[1] Editor's Note: This ordinance also repealed former Art. XIV, Department of Public Works, adopted as a part of Ord. No. 13383, 9-13-1937, and as a part of the Gen. Ords. 1962, as amended.

Sec. 2-211 Divisions generally.

[Ord. No. 30192, 6-27-2005; amended 3-25-2019 by Ord. No. 34390]

The Consolidated Public Works Department shall consist of five divisions, Cemetery, Park and Forestry, Public Vehicles, Streets, and Water and Sewer.

Cross references — Streets, Ch. 18.

Sec. 2-212 Director.

[Ord. No. 30192, 6-27-2005]

(a) There is hereby established the office of Director of the Consolidated Public Works Department.

(b) The Director of CPW shall be appointed by the Mayor, subject to confirmation by the Council, for a term of three years and until his/her successor in office is appointed and qualified. Such term shall commence on the first Monday in March, and the appointment shall be made by the Mayor on or before the first Monday in February. Subject to the approval of the Mayor and funding by the City Council, the Director shall employ and supervise such personnel as may be necessary to carry out his or her duties and to maintain and operate the various divisions.

(c) In addition to the powers and duties prescribed by law, the Director of CPW shall be in charge of the Consolidated Public Works Department and shall have general supervision of all five divisions of the CPW Department. The Director shall have the authority to assign personnel within the five divisions of the CPW Department, as he/she deems necessary.

[Amended 3-25-2019 by Ord. No. 34390]

Sec. 2-213 Street Division.

[Ord. No. 30192, 6-27-2005]

The Director of CPW shall have charge of the Street Division of the Consolidated Public Works Department. Such Division shall:

(a) Have the general supervision of all streets, highways and bridges of the City and shall cause the same to be kept in repair and safe and convenient for travel;

(b) Have charge of oiling and watering the streets;

(c) Have charge of the removal of rubbish from houses;

(d) Build or have the supervision of the building of all new streets;

(e) Have charge of the Common;

(f) Whenever a street is constructed and betterments are to be assessed, inform the Mayor when the project is completed.

Sec. 2-214 Cemetery Division.

[Ord. No. 27106, 3-25-1991]; Ord. No. 30192, 6-27-2005]

The Director of CPW shall have charge of the Cemetery Division of the Consolidated Public Works Department. Such Division shall be responsible for:

(a) Function. The Director shall attend to the administration, management, maintenance, and repair of the public cemeteries within the City, and solely with respect to cemeteries, the Director shall be subject to the authority of the Board of Cemetery Commissioners.

(b) Perpetual care.

(1) Any person purchasing a lot in a public burial place of the City shall deposit with the Treasurer a sum of money, such sum to be determined by the Cemetery Board, which sum shall be entered upon the books of the City Treasurer and forever held as a fund to be used for the preservation and care of such lot or its appurtenances. The person making such deposit shall, at that time, designate the name of the cemetery in which the particular lot is located, the number and specific location of such lot, and the name of the person in whom the right or the title thereof stands. The City Treasurer shall deliver to such depositor a certificate of deposit setting forth the same and the purpose of the deposit.

(2) A separate account shall be kept with each deposit made under the provisions of Subsection (b)(1), and interest upon every such deposit shall be allowed and paid from the annual interest appropriation, at a rate to be established by the Board. The City Treasurer shall, on order of the Mayor, from time to time, in each fiscal year and at least semiannually, credit each deposit so made with the amount of interest due as above stated.

(3) The income of each deposit made under the provisions of Subsection (a), shall be expended under the direction of the Board in providing for the preservation and care of the lot designated in the certificate of deposit, or the appurtenances belonging thereto.

State law reference — Perpetual care funds, MGLA c. 114, §§ 19-21.

(c) Deeds. All deeds for lots in City cemeteries shall be signed by the Mayor on behalf of the City and acknowledged before the City Clerk, who shall affix the City Seal thereto.

(d) Conduct of visitors.

(1) The following are the provisions for the conduct of persons who may enter any of the public cemeteries of the City; provided, however, that no provisions herein contained shall be construed to limit or lessen the powers conferred upon the Board as to matters not contained in these provisions:

a. No person, other than a lot owner upon his own lot, shall walk, stand, or lounge upon the grass, the flower beds, or the graded lots or borders within the cemetery limits.

b. Destruction of property.

1. No person shall, within cemetery limits, gather any wild or cultivated flowers, or disturb any floral design or vase.

2. No person shall write upon or mark any monument, gravestone, or other structure or thing planned or designed as a memorial for the dead.

c. No person shall, except as otherwise permitted in this section, carry any firearm, cross bow, hunting bow, or any other dangerous weapon within cemetery limits.

d. No person shall, within cemetery limits, destroy, injure, or harm any bird, squirrel, or other animal of any kind.

e. No person shall operate any motor vehicle within cemetery limits with the sole intent to pass through the same, from street to street. No person shall operate any motor vehicle, within cemetery limits, at a speed greater than 15 miles per hour.

f. No person shall ride a bicycle within cemetery limits, except a lot owner for the purpose of visiting his own lot.

g. No person shall enter or remain in a cemetery for any purpose other than to attend a funeral or care for or visit a lot or grave.

h. No person shall take any dog, nor allow a dog that he owns to follow him into any cemetery.

i. No person shall land in Mount Feake cemetery from any boat, or loaf or lounge or fish on the banks of the Charles River within the boundaries of the cemetery.

j. No person shall engage in loud talking or boisterous conduct of any sort in any cemetery, or bring refreshments into the same.

k. No person shall park any vehicle within cemetery limits, except for the purpose of attending a funeral or for the purpose of caring for or visiting a lot or grave, and then only in such manner as will not interfere with the owner of any other lot or grave or interfere with the movement of other vehicles. No person shall park any vehicle in the entrance of any cemetery.

l. No person shall enter, or remain in, any cemetery, later than 3/4 of an hour after sunset.

m. No person taking care of his own lot or the lot of another shall leave weeds, grass, or rubbish of any sort on any other lot or on any of the paths or avenues of a cemetery.

n. No person shall place, throw, deposit, discharge, or cause to be placed, thrown, deposited, or discharged, any trash, bottles or cans, refuse, rubbish, garbage, debris, scrap, waste, or any other material of any kind on any path, avenue, lot or any land within the cemetery limits.

o. The following acts are specifically forbidden within the territorial boundaries of City cemeteries:

1. Roller-skating and skateboarding.

2. The use of minibikes and gocarts.

3. The display or sale of goods, wares, or merchandise.

4. Instructing persons in the use and operation of a motor vehicle.

5. The use of cemetery roadways for pleasure driving.

6. Entering into, or remaining within, the cemetery after the main gates have been closed, without authorization by the Director.

p. Any person found to be in violation of any of the above provisions of the City ordinances, or of any cemetery rule or regulation, shall be subject to prosecution to the maximum extent allowable under all applicable laws, regulations, rules, and ordinances.

(2) The provisions of this section shall not be applicable to any cemetery employee, any member of the Police or Fire Departments, or any other City employee if compliance with such provisions would interfere with the ability of the employee to properly perform the duties of his/her position.

(3) Notwithstanding the provisions of Subsection (d)(1)c of this section, members of military or veterans' organizations may be permitted, subject to the approval of the Director, to carry firearms onto the cemetery grounds when such firearms are to be used in connection with certain ceremonies to be conducted within cemetery limits.

Sec. 2-215 Parks and Forestry Division.

[Ord. No. 30192, 6-27-2005]

(a) The Director of CPW shall have charge of the Parks and Forestry Division of the Consolidated Public Works Department. Such Division shall be responsible for:

(1) The maintenance, care and management of all trees in the public streets, public parks, squares, playgrounds and burial grounds except as is otherwise required by statute.

(2) The suppression and destruction of insects and pests injurious to trees, forests and shrubs.

(3) The care and control of all public shade trees and the planting, trimming and cutting thereof.

(b) The Foreman of Forestry shall serve as Tree Warden.

State law references — Local superintendent of insect pest control, MGLA c. 132, § 13; tree warden, MGLA c. 41, § 1.

Sec. 2-216 Public Vehicles Division.

[Ord. No. 30192, 6-27-2005]

(a) The CPW Director shall be the head of and have general supervision of the Public Vehicles Division.

(b) (Reserved)[1]

[1] Editor's Note: Former Subsection (b), regarding prior experience of the CPW Director, was repealed 8-1-2011 by Ord. No. 31594.

(c) The CPW Director shall have the powers and duties which are or may be required by law and shall, in addition, have charge and control of the central garage facility of the municipal service center, including the care and custody of all City-owned automobiles and trucks, except and to such extent as is hereinafter enumerated; and the custody and dispensing of all gasoline, oils and other supplies and accessories used in connection with City-owned automobiles and trucks. All automobiles and trucks, except as hereinafter enumerated, shall be repaired at the central garage facility under the direction of the CPW Director, and he/she shall cause to be kept a record of the time consumed and the materials used in such repair and submit monthly statements thereof to the several departments of the City.

(d) The CPW Director shall institute and maintain a program of regular inspection and preventive maintenance of all City-owned automobiles and trucks with a view toward prolonging the practical operating life of said vehicles and maintaining the highest possible standard of safety in their operation.

(e) (Reserved)

(f) In carrying out the duties of his office, the CPW. Director shall have such mechanical and clerical assistance as shall be required for the efficient operation of this Division, subject to appropriation by the Mayor and City Council; and he shall enter into all necessary contracts for the purchase of supplies and equipment subject to the approval of the Mayor and City Council and to the provisions of Sections 2-225 through 2-227 of this Code.

(g) Exceptions. Nothing in this article shall be so construed as to conflict with Section 6-19 of this Code.

Sec. 2-217 Water and sewer division.

[Added 3-25-2019 by Ord. No. 34390]

(a) The CPW Director shall be the head of and have general supervision of the Water and Sewer Division.

(b) Such Division shall have general supervision of all City-owned water and sewer lines and shall cause the same to be kept in repair and safe and convenient for use.

(c) Whenever new water and/or sewer lines are constructed and betterments are to be assessed, the CPW Director shall be responsible for calculating the estimated cost of said improvements for inclusion in necessary orders and shall inform the Mayor when the project is completed.

(d) The CPW Director shall have such superintendent, assistant superintendents, foremen, laborers, clerical assistance, and engineering assistant(s) as necessary for the efficient operation of this Division, subject to appropriation by the Mayor and City Council, provided that the position of Principal Office Assistant currently in Water Administration shall remain in the Engineering Department under the supervision of the City Engineer.

Sec. 2-218 through Sec. 2-224. (Reserved)