[Gen. Ords. 1962, §§ 17-27, 17-29; Ord. No. 26635, 1-9-1989]
(a) 
No person shall willfully or negligently place, deposit, drop, throw or leave or cause to be placed, deposited, dropped, thrown or left, upon any street, sidewalk or other public place, including, but not limited to, school property, parks, cemeteries, playgrounds and any dumpster placed on public land by the City, any rubbish, litter, filth, garbage or other refuse or any other thing or material which shall in any way obstruct, disfigure or litter the same or render the same dangerous, disorderly or offensive to traffic and pedestrians, provided that ashes, paper and other reasonably clean materials, in adequate receptacles properly covered, may be placed in the streets for collection in accordance with rules and regulations promulgated by the Department of Public Works.
(b) 
No person in control of a place of business abutting on a public sidewalk shall suffer any rubbish, litter, filth, garbage or other waste materials to remain on such sidewalk, except in a receptacle properly covered and placed on such sidewalk in such manner and on such days as the Director of Public Works may direct and in accordance with the rules and regulations promulgated by the Department of Public Works.
(c) 
No person in control of a place of business abutting on a public street shall suffer any rubbish, litter, filth, garbage or other waste materials to remain in the open on the premises or on the abutting street which such place of business is located, except in a receptacle properly covered from which such rubbish, litter or waste material is not likely to be blown onto such street.
(d) 
It shall be the duty of the officers designated by the Chief of Police to enforce the provisions of this section.
(e) 
Whoever violates this section shall, for the first offense, be punished by a fine of not less than $100; for a second offense by a fine of not less than $200; and, for a third or subsequent offense, by a fine of not less than $300.
[Gen. Ords. 1962, § 17-26]
No person shall walk, stand or lounge upon any portion of any street or public grounds of the City especially prepared and devoted by the officers in charge thereof to the growing of grass or flowers, nor in any way dig up, injure or deface the same.
[Gen. Ords. 1962, § 17-21]
No person shall cut down, dig up, climb, peel, cut, deface or injure any ornamental or shade tree, shrub or vine growing in any of the streets or public grounds of the City without a permit, in writing, from the board or officers having charge of such street or public ground.
[Gen. Ords. 1962, § 12-28A; Ord. No. 24016, 5-10-1976; Ord. No. 24958, 6-8-1981]
(a) 
No person shall give, sell, deliver, have in his possession or consume an open bottle, can or container of alcoholic beverage, as defined in MGL c. 138, § 1, while in or upon public parks, playgrounds, recreation areas, conservation areas, rest areas, public buildings, public parking lots and public ways, except when a permit is granted by the public agency having jurisdiction thereof or while in or upon private parking lots and private ways to which the public has access, provided that the prohibition shall not apply in or upon any private parking lot or private way to which the public has access where prior consent has been obtained from the owner or authorized person in control thereof, and provided further that no disturbance or annoyance is created thereby.
(b) 
All alcoholic beverages being used in violation of this section may be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned before the court, at which time the alcoholic beverage shall be disposed of according to the General Laws or as the court directs.
(c) 
Whoever violates this section shall, for the first offense, be punished by a fine of not less than $50; for a second offense by a fine of not less than $100; and, for a third or subsequent offense, by a fine of not less than $200.
[Ord. No. 13383, Art. VI, § 9, 9-13-1937; Gen. Ords. 1962, § 17-25; Ord. No. 28571, 6-8-1998]
(a) 
No person shall post or cause to be posted any placards, showcards, handbills, flyers, signs, notices, advertisements or posters upon any tree, fence, post or building within any street or public place in the City or upon any buildings, structures or lands belonging to the City without a permit from the Director of Public Works.
(b) 
No person shall distribute to persons passing upon any street or sidewalk or on any of the public grounds of the City any handbills for advertising purposes or place the same in any vehicle parked thereon without a permit issued by the Director of Public Works and Forestry. The fee for such permit shall be $2 for each week or part of a week during which it is to continue.
[Ord. No. 13383, Art. VI, §§ 6, 7, 9-13-1937]
(a) 
No person shall erect or maintain or cause to be erected or maintained upon or above any street or sidewalk, other than a state highway, any advertising sign or device, except a movable awning of light construction, which projects into or over the sidewalk or street more than six inches, unless a permit authorizing the erection or maintenance of such sign or device has been issued by the Inspector of Buildings and is in effect. Each such permit shall expire on January 1 following the date of its issue. The fee for each such permit shall be $1.
(b) 
Illegal advertising signs may be removed under his direction and at the expense of the owner.
(c) 
No person shall erect or maintain over a street or sidewalk any sign or other obstruction unless the same is safely and securely supported from a structure or tree located on the property abutting said sidewalk or street in a manner approved by the Inspector of Buildings; no part thereof shall be less than seven feet above the level of the sidewalk nor extend to a point less than 10 inches back from the curbline of the sidewalk. The fee for the approval of the Inspector of Buildings shall be $1, to accompany the application to the Inspector for such approval.
[Ord. No. 13383, Art. VI, §§ 3, 4, 9-13-1937; Ord. No. 30921, 6-23-2008]
(a) 
Permit required. No person shall place, erect, maintain or cause to be placed, erected or maintained within any street or sidewalk or in any of the public grounds of the City any fixture or structure or table for the sale of goods, wares or merchandise, or for any other purpose, unless a permit, issued by the City Council, in the case of roads other than state highways, or by the Massachusetts Highway Department, in the case of state highways, authorizing such placing or erection has been granted and is in effect. Every such permit shall expire at the end of the calendar year in which it is given and a new permit obtained if it is desired to maintain such structure during any part of the following year. The fee for such permit shall be $25.
(b) 
Permit granting authority.
(1) 
The City Council is hereby authorized and empowered to issue revocable permits for the placement of any fixture or structure or table for the sale of goods, wares or merchandise or for any other purpose within any street or sidewalk or in any of the public grounds of the City.
(2) 
In determining the issuance of permits pursuant to Subsection (b)(1) above, the City Council shall consider the convenience and necessity of pedestrians, property owners, occupants, tenants or of offices, stores, or shops in the vicinity, the dimensions of the public sidewalk areas, the location of nearby fire hydrants, bus shelters and stops, newspaper racks and similar factors, and shall further consider the commercial or residential character of the neighborhood and the impact of the proposed display on adjacent residential properties.
(c) 
Applications for permits. Each application for a permit for erection or maintenance of structure for sale of merchandise and each application to amend a permit previously issued hereunder shall state the name and address of the applicant and business nature of the establishment, a physical description of the area proposed to be occupied by the structure, the general category of items to be displayed, and a description of the display stand, including size and building materials used or to be used.
(d) 
Investigation and inspection. At the direction of the City Council, the Director of Consolidated Public Works, the Director of Public Health, and any other heads of any municipal department, or their respective designees, shall make all investigations and inspections necessary to the issuance of any permit. The directors or heads of department shall advise the City Council of their findings.
(e) 
Permit: application, public hearing.
(1) 
The permit application shall be on a form provided by the City Clerk, which form shall include the following provision: "The applicant hereby affirms that the applicant is not prohibited by any lease or rental agreement from locating a display on the sidewalk adjacent to applicant's place of business." Each application for a permit or an amendment to a permit shall be signed under penalty of perjury and must be accompanied by a check or money order in the amount of $25 payable to the City of Waltham. Upon receipt of said application, the City Clerk shall set a public hearing date for the initial application, and the Office of the City Clerk shall cause to be published an official notice of said hearing in a newspaper published in Waltham at least seven days prior to the public hearing.
(2) 
The City Council shall hold a public hearing before voting on any permit issued under this section. During such hearing or hearings, any interested person shall have an opportunity to be heard, subject to any rules of procedure adopted by the City Council.
(3) 
The City Council shall issue a written decision as to whether the permit shall be issued and what conditions, if any, in addition to those provided for in this section, shall be imposed. Said decision shall be mailed to the applicant.
(4) 
A permit issued pursuant hereto shall remain valid until revoked, until such time as the applicant no longer owns or operates said business establishment, until the time period for which the permit shall remain valid, as determined by the City Council, has expired, or until the end of the calendar year from the date the permit was issued, whichever occurs earlier. Said permit shall be displayed in a conspicuous location in a window or other readily visible location on the frontage of the applicant's business establishment. It shall be clearly visible from the public sidewalk, alley, or street and not obstructed by awnings, landscaping or other impediments to visibility.
(f) 
Display of food or nonfood merchandise. The erection and maintenance of any fixture or structure or table for the sale of goods, wares or merchandise or for any other purpose by the permittee shall be subject to the following conditions and restrictions as well as such other conditions and restrictions as may be imposed by the City Council:
(1) 
Stands for the display of food or nonfood merchandise shall be confined to an area approved by the City Council.
(2) 
The food or nonfood merchandise displayed adjacent to the business establishment or on the sidewalk shall be not different from the items displayed for sale on the premises in the business operated by the permittee.
(3) 
Food or nonfood merchandise shall be displayed on a stand, the design of which shall be approved by the City Council.
(4) 
The display stands permitted by this section shall be a minimum of 2 1/2 feet and a maximum of five feet above the sidewalk and shall extend into the sidewalk no more than 24 inches or 25% of the width, whichever is less, in front of the building.
(5) 
All food merchandise shall be protected by an awning.
(6) 
All food merchandise capable of being eaten immediately after purchase without benefit of preparation or peeling and displayed under a permit issued pursuant to this section shall be packaged.
(7) 
All food or nonfood merchandise displays and stands shall be firmly secured to prevent falling or blowing away under normal weather conditions.
(8) 
All display stands shall be promptly removed from the front of the business establishment and sidewalk at the end of each business day.
(9) 
The permittee shall maintain the sidewalk in a clean condition at all times.
(10) 
The permittee shall keep the sidewalk area not occupied by the display stand free of obstructions at all times.
(11) 
There shall be no liability on the City or upon any of its officers, agents or employees for any damage sustained by the permittee from any cause arising out of permitted activities. Furthermore, the permittee shall agree to indemnify, defend and hold harmless the City, its officials and employees from any liability arising out of the issuance of the permit for display of food or nonfood merchandise and subsequent permitted activities.
(12) 
Assignment or sale of a permit issued under this section is prohibited.
(13) 
Sidewalk areas shall not be painted, landscaped or altered in any way without prior written approval of the City Council.
(14) 
A permit issued under this section does not constitute a deed or grant of an easement by the City and is revocable at any time at the will of the City Council.
(g) 
Penalties; nonpayment; appeals.
(1) 
The provisions of this section shall be enforced through the noncriminal disposition process as provided for in Section 1-13 of the General Ordinances of the City of Waltham.
(2) 
The nonpayment of any fine for the violation of this section, or the continued existence of a condition in violation of this section, shall be grounds for the City Council to deny, suspend or revoke a permit under this section to the responsible owner or applicant until such penalty has been paid and the condition corrected.
(h) 
Removal of fixtures, structures, tables, or stands.
(1) 
Any fixture, structure, table, or stand placed in the public sidewalk without a validly issued permit may be seized and removed pursuant to this section. Before any fixture, structure, table, or stand is seized, the owner or operator of the business establishment fronting on the sidewalk from which the display stands are to be removed shall be given 10 business days in which to apply for a valid permit. If the responsible party does not make a good faith effort to submit a permit application pursuant to Subsection (d) herein within the time prescribed, the display stands may be seized and removed from their sidewalk location by the Consolidated Public Works Department.
(2) 
Seized fixtures, structures, tables, and display stands shall be retained by the City and may be recovered by the responsible person for a period of at least 10 business days following seizure. As a condition of recovering any display stands seized pursuant to this section, the person responsible for such display stands shall pay an impound fee equal to the actual cost to the City of transporting and storing such display stands.
(i) 
Revocation, suspension of permits. In the event of any violation of this section, the City Council may revoke or suspend the permit. Before revoking or suspending a permit, the City Council shall hold a public hearing on the proposed action; shall give the permit holder at least 10 days' notice of the hearing by certified mail; and shall make its decision in writing, with a brief statement of the reasons for its decision.
[Ord. No. 27866, 1-23-1995; Ord. No. 30320, 12-12-2005]
(a) 
Statement of purpose: The City Council has determined that the increasing proliferation of printed matter vending machines (hereafter referred to as the "machine" or "machines") on public property throughout the City requires regulation of the placement and location of said machines to promote public safety. In addition, the City Council has determined that regulation of such machines is necessary to preserve and improve the aesthetic character of neighborhoods throughout the City. The purpose of the following section's provisions is to increase public safety with respect to pedestrian and wheelchair traffic, avoid problems which may be caused by vehicular traffic near curbsides, improve ingress and egress from buildings and parked or standing vehicles, avoid congesting ramps designed for handicapped use, deter blocking of parking areas and emergency vehicles, have abandoned newsracks removed and maintain or improve the aesthetic character of neighborhoods throughout the City while treating all newspapers equally, regardless of their size, content, circulation or frequency of publication. It is neither the purpose nor the intent of this regulation to infringe upon the lawful exercise of First Amendment free speech rights.
(b) 
Definition. As used in this section, the following terms shall have the meanings indicated:
PRINTED MATTER VENDING MACHINE
Any type of unmanned box, container, stand, rack, storage unit or other dispenser or device installed, placed, used, operated or maintained for the display and sale or free distribution of newspapers, periodicals, circulars or other printed matter.
(c) 
No person shall place, install, erect or maintain such a machine on any public sidewalk, public way or other public property without obtaining a permit from the Consolidated Public Works Director. The Consolidated Public Works Director shall issue a permit for any machine which complies with the requirements set forth below.
(d) 
The application for such permit shall fully and specifically describe the machine by setting forth its height, width and depth and the name, business address and telephone number of the applicant, accompanied by a plot plan by a registered land surveyor showing the exact location where each machine is to be placed. An applicant may apply for a permit for more than one machine using a single application form.
(e) 
No printed matter vending machine located on any public sidewalk, public way or other public property shall be chained, bolted, affixed or otherwise secured to any property, building or fixture owned or maintained by the City of Waltham, nor to any utility pole, public telephone, or other utility, nor to private property, nor to any other printed matter vending machine.
(f) 
No machine shall be placed, installed or erected within 15 feet of any handicapped parking space, fire hydrant or fire lane; within 10 feet of any marked pedestrian crosswalk, bus stop, taxi stand, fire alarm signal box, police call box, driveway, traffic control signal, mailbox or public bench; within four feet of any handicapped ramp; at any location where placement of such machine would cause the sidewalk passageway for pedestrian and/or wheelchair travel to be reduced to less than four feet; within three feet of any display window or entrance to any building abutting the sidewalk or other public place in such a manner as to impede or interfere with the reasonable use of such window for display purposes. No such machine shall project onto, into or over any part of the roadway of any public street. No such machine shall be located in a residentially zoned area other than at a designated MBTA bus stop. No machine shall be located within five feet of any curb where a legal on-street parking space exists or in such a manner as to impede or interfere with a motorist's ability to open the door of any vehicle occupying a legal parking space on any street or in any public parking area.
(g) 
Each machine shall be maintained in a clean and neat condition and in good repair at all times. No reflective paint or other reflective materials shall be used on or attached to said machines.
(h) 
Each machine shall have affixed thereto, in a place where the information may be easily seen, the name of the permit holder or its designated agent and that person's address and telephone number.
(i) 
No machine shall exceed 50 inches in height, 30 inches in width or 24 inches in depth.
(j) 
(Reserved)
(k) 
No more than two machines containing the same publication shall be located within 100 feet of each other.
(l) 
Issuance of permit; denial; change in location.
(1) 
Upon receipt of an application which contains all of the information required by Section 17-7.1(d), the Consolidated Public Works Director shall issue a permit for the placement of each said machine, provided that each such machine shall be in compliance with the requirements of Sections 17-7.1(e) through (k). The permit issued shall be valid from the date of issuance through September 30, unless, within 10 days of the receipt of the application, the Consolidated Public Works Director notifies the applicant in writing, certified mail, return receipt requested, that the permit is denied in whole or in part. Any such denial shall specify the reasons therefor, and the applicant, in such notice of denial, shall also be advised of the right to amend the application to comply with the requirements of this section.
(2) 
The permit holder shall provide written notice to the Consolidated Public Works Director prior to a change in the location of a machine and/or the installation of a machine not previously listed in the permit application, which notice shall constitute an application to amend the permit. Said notice shall include a description of the location of each such machine as required in Section 17-7.1(d) above. The permit shall be valid with respect to each such machine so moved or installed as of the date notice is received by the Consolidated Public Works Director, provided that each such machine complies with the provisions of Section 17-7.1(e) through (k), unless, within 30 days of receipt of said notice, the Director notifies the applicant in writing, by certified mail, return receipt requested, that the amended application is denied or denied in part.
(m) 
The Consolidated Public Works Director shall charge a fee for processing each application, which shall not exceed the actual cost of processing said application or $50, whichever is less. In addition, the Director shall charge an additional fee based upon the total number of machines listed in the application, provided that such additional fee for each such machine shall not exceed the actual cost of determining compliance with this section or $25 for each such machine, whichever is less.
(n) 
On or before September 30 of each year, the permit holder for each such machine shall provide the Consolidated Public Works Director with a permit renewal application, which shall include an updated list of all the machines installed or maintained in the City by the permit holder. The renewal application shall be accompanied by an application fee in the amount of $25 plus an additional fee for each machine which has been moved to or installed in a new location subsequent to the date the original permit was granted, which additional fee shall not exceed the actual cost of determining compliance with this section or $25 for each such machine, whichever is less.
(o) 
Any person aggrieved by the approval or denial, in whole or in part, of a permit or amended permit may appeal to the City Council, provided that said appeal must be filed in writing with the City Clerk within one week after the date of the Director's denial or partial denial. In reviewing the Director's decision, the City Council shall apply the criteria contained in Section 17-7.1(e) through (k). The City Council shall have 60 days from the date of the filing of the appeal, or such longer period as the parties agree to in writing, in which to modify or reverse the Director's decision provided that if the Council fails to so act within said 60 days, the Director's decision shall be final. A decision by the City Council to modify or reverse the Director's decision shall be in writing stating the reason(s) therefor and a copy of such decision shall be sent to the Director, and the applicant and filed with the City Clerk.
(p) 
Notice of violation; compliance inspection; fees.
(1) 
In the event that a machine is determined to be in violation of any of the provisions of this section, the Consolidated Public Works Director shall provide telephone and written notice of said violation(s) to the owner and the person responsible for maintaining said machine. Such written notice shall be served in hand or sent by certified mail, return receipt requested, and shall specify which provision(s) are violated and shall state the date for compliance which shall be no less than 10 days from the date of the violation notice. The Director or his/her designee shall inspect each machine on or after the date for compliance as stated in the notice. If, upon such inspection, it is determined that the machine is not in compliance, the Director shall initiate removal proceedings in accordance with the following Subsection 17-7.1(q) of this section and, until the date of compliance or the date the machine is removed, may assess a fine as specified in the Noncriminal Disposition Ordinance.[1] Pursuant to said ordinance, each day that said violation continues shall be considered a separate offense.
[1]
Editor's Note: See Section 1-13(b).
(2) 
The Director shall charge a fee for the compliance inspection referenced above, which fee shall not exceed the lesser of the actual cost of inspecting the machine(s) or $100 per machine.
(q) 
Removal of machines.
(1) 
Prior to the expiration of the date for compliance specified in the notice, the owner may file a written request with the Director for a hearing before said Director in regard to the violation(s), and, if the owner so requests in writing, the machine shall not be removed until after said hearing. Such hearing shall be held within 10 days of the date the Director receives the request therefor. After due notice of any violation(s) has been served pursuant to the requirements of Subsection (p), and where the owner fails to submit a timely request for a hearing pursuant to the provisions of this subsection, the Director or his/her designee, at his/her direction, shall remove any machine which is in violation of this section if the owner fails to correct said violation(s) by 12:00 noon on the second business day following the date for compliance as stated in the written notice. When a hearing is held pursuant to the provisions of this subsection the Director shall issue a decision within five days of the close of the hearing. When, after such hearing, the Director finds that one or more violations do exist, the Director shall immediately issue a written notice of the decision to the owner. Such written notice shall be served in hand or sent by certified mail, return receipt requested, and shall specify which provision(s) are violated and shall state the date for compliance which shall be no less than 10 days, but not more than 15 days, from the date of the notice of the hearing decision. The Director or his/her designee, at his/her direction, shall remove any machine which is in violation of this section if the owner fails to correct said violation(s) by 12:00 noon on the second business day following the date for compliance as stated in the written notice of the decision.
(2) 
A notice of removal shall be sent to the owner, which notice shall state the date the machine was removed, the reasons for the removal, the location where the machine is being stored and the procedure for claiming the machine.
(3) 
A machine removed pursuant to this provision shall be released to the owner thereof, or a person designated for receipt of the machine by the owner, if claimed within 45 days of removal and upon the payment of reasonable charges of removal, storage and any outstanding fines. Upon the failure of the owner to claim said machine and pay the charges specified herein within 45 days of the mailing, certified mail, return receipt requested, of the written notice of removal, said machine shall be declared to be unclaimed surplus property in the possession of the Director, which shall be disposed of by the City Purchasing Agent in accordance with his/her usual procedures for disposal of surplus property.
(4) 
Notwithstanding the provisions of the foregoing subsections, the Director or his/her designee, at his/her direction, may remove a machine which poses an imminent danger of harm to persons or property, provided that the owner shall be notified of such removal as soon as practicable and provided that any machine so removed shall be stored in a safe place for a reasonable period of time in order to allow the owner to retrieve said machine.
(5) 
Any decision by the Director to remove a machine shall be subject to review by a court of competent jurisdiction.
(6) 
The City may also petition the Superior Court to enjoin any violation of the provisions of this Section 17-7.1.
(r) 
For purposes of enforcement of the permitting requirements under Subsections (p) and (q), the City Council shall have the same powers and authority as the Consolidated Public Works Director. If the City Council should decide to initiate or assume jurisdiction of an enforcement matter at any stage, then it shall act in place of the Consolidated Public Works Director or his/her designee and any further involvement of the Consolidated Public Works Director or his/her designee shall immediately cease. Any action of the Council shall be by simple majority.
(s) 
The provisions of this printed matter vending machine section are severable. If any provision of this section is held invalid, such invalidity shall not affect other portions of this section which shall remain valid.
[Ord. No. 28708, 1-11-1999]
(a) 
The City Council may issue a permit to allow a restaurant to place tables and chairs on a public sidewalk for the use of its customers. Every such permit shall expire at the end of the calendar year in which it is given. No person shall place any tables or chairs on any public sidewalk unless a permit has been issued by the City Council and is in effect. The fee for such permit shall be $25. As a prerequisite to the issuance of any such permit granted by the City Council, the City Clerk shall require a suitable cash deposit, surety bond or insurance indemnity policy to save the City harmless from all liability of any nature whatsoever caused directly or indirectly by such use of the sidewalk. The amount of such deposit, surety bond or insurance indemnity policy shall be set by the City Council; the amount of the surety bond or insurance indemnity policy shall not exceed $1,000,000.
(b) 
The City Council shall specify the maximum number of tables and the maximum number of chairs that will be allowed and any special restrictions that it may impose on any permit issued under this section. No person shall place more tables or chairs than provided for in the permit or violate any restriction included in any such permit issued by the City Council.
(c) 
Tables and chairs shall only be placed on that section of the sidewalk that directly abuts the permitted establishment. No tables or chairs shall be placed on any sidewalk within five feet of any entrance or exit to any residence or any business except that to which a permit has been issued. A clear path, at least five feet in width, shall be maintained at all times from all exits and entrances to the building in which the restaurant is located to the public sidewalk outside the permitted area so as to provide adequate access and egress in case of fire or other public safety emergency.
[Ord. No. 33241, 6-1-2015]
(d) 
Tables and chairs shall be placed in such a manner that a clear and unobstructed path of at least five feet in width remains on the sidewalk for pedestrians.
(e) 
No tables or chairs shall be placed on any sidewalk within 15 feet of any fire hydrant or fire lane; or within five feet of any marked pedestrian crosswalk, bus stop, taxi stand, fire alarm box, police call box, driveway, traffic control signal, mailbox, public bench, handicapped parking space, or handicapped ramp.
(f) 
No tables or chairs shall be placed on any sidewalk between the last day of October and the first day of April. Tables and chairs may, when a permit has been issued by the City Council, be placed on and allowed to remain on a sidewalk during the regular business hours of the restaurant to which said permit has been issued, except that in no case shall such tables and chairs be allowed to be used between the hours of 11:00 p.m. and 8:00 a.m.
[Ord. No. 33241, 6-1-2015]
(g) 
Service of alcohol.
[Ord. No. 33241, 6-1-2015]
(1) 
No restaurant shall give, sell, deliver, serve or allow the possession or consumption of any open bottle, can or container of alcoholic beverage, as defined in MGL c. 138, § 1, at or upon any table or chair placed on a public sidewalk unless the restaurant has a valid license to sell alcohol inside the premises of the restaurant, the restaurant has been granted an extension of premises by the License Commission for the area permitted under this section, and such activity is expressly permitted in writing by the Waltham City Council.
(2) 
Where alcohol is served, the area where it is consumed or served must be clearly delineated with a barrier such as a planter, rope, handrail, or other feature that separates it from the sidewalk and is no less than three feet in height, stable, removable, and not fastened to the sidewalk. No alcohol may be served or carried beyond this designated area. All legal requirements for the sale of alcohol must be honored. Such establishments also must post a sign at all exits from the permitted area stating the following: "It is unlawful to consume alcoholic beverages not purchased on the premises or to remove them from the boundaries of this sidewalk cafe."
(h) 
It shall be the responsibility of any restaurant issued a permit under this section to keep the sidewalk free of all litter, garbage, filth or other waste in accordance with the provisions of Section 17-1 of the General Ordinances and to keep all tables and chairs thereon in a safe, clean and well-maintained condition.
(i) 
Compliance with this section shall be the sole responsibility of the establishment to which any permit is issued. Tables or chairs placed in violation of any provision of this section or any condition of a permit issued thereupon may be removed by or under the direction of any police officer or the Director of Public Works and at the owners' expense. In addition to any fines provided for in Section 1-13, the City Council may, upon hearing, revoke any permit for violation of any provision of this section or any condition of said permit.
[Ord. No. 13383, Art. VI, § 3, 9-13-1937]
No person, unless lawfully authorized, shall break or dig up any street or sidewalk or erect thereon any staging for building or place thereon any lumber, brick or other building materials, without a permit issued for the purpose by the Director of Public Works and Forestry. Any person intending to erect or repair any building upon land abutting upon a street shall give notice to the Director of Public Works and Forestry, who may, at the owner's request, set apart such portion of the street as he may deem expedient for such use. Such person shall, when required by the Director of Public Works and Forestry, construct and maintain a suitable sidewalk around the obstruction and shall, before the expiration of his permit, remove all rubbish and restore such street to its former condition, to the satisfaction of the Director of Public Works and Forestry. Every person receiving such permit shall, in writing, agree to indemnify the City against all damage or loss to the City accruing from the doing of any act or thing thereunder, and every person who, under such permit, shall obstruct or render unsafe any public street or sidewalk shall guard the same by a proper fence or railing and by lights during the nighttime, subject to the approval of the Director of Public Works and Forestry. Such permit may be revoked at any time by the Director of Public Works and Forestry. The fee for a permit under this section shall be $2 for each week or part thereof during which the permit is to be in force.
[Gen. Ords. 1962, § 17-20]
No person shall allow his building to shed water upon any street or sidewalk in the City to the injury or inconvenience of passengers, nor allow any sink water or other impure water to run from any house, barn or lot occupied by him or under his control into any highway or public place, nor allow any water to collect on his premises and to run onto any sidewalk.
[Gen. Ords. 1962, § 17-10]
The owner or person having the care of any building so located, abutting upon or near to any public street, that snow may fall from the roof thereof into or upon such street or upon the sidewalk thereof shall cause all snow and ice to be removed from such roof within 24 hours after the same shall cease falling or forming or provide suitable guards so that the snow or ice shall not be discharged upon the sidewalk.
Cross reference — Removal of snow and ice from certain sidewalks, see § 17-23.
[Gen. Ords. 1962, § 17-22]
Except as otherwise provided, no person shall stand in any street in such a manner as to obstruct the free passage of passengers thereon.
[Ord. No. 13383, Art. VI, § 12, 9-13-1937]
No person shall engage in any game, sport or amusement on any sidewalk or other part of a street whereby the free, safe and convenient use thereof by travelers thereon shall in any way be interrupted or the occupants of adjoining estates unreasonably annoyed and disturbed.
[Ord. No. 13383, Art. IV, § 1, 9-13-1937]
(a) 
No person shall coast or slide down, across or along any of the streets or sidewalks of this City, upon any sled, board or other device, except in such places and under such restrictions as the Director of Public Works and Forestry may designate or require.
(b) 
On days when conditions are suitable for coasting, vehicular traffic shall not use such streets or parts of streets as may be designated by the Director of Public Works and Forestry during the period that official signs are erected indicating this restriction.
(c) 
Subsection (b) shall not apply to drivers of vehicles having business within such reserved areas or to drivers of vehicles whose residences are within such reserved areas.
[Ord. No. 13383, Art. VI, § 13, 9-13-1937]
No person shall move any building through any street without a permit issued by the Director of Public Works and Forestry, and under such restrictions as he may see fit to prescribe; no permission shall be given which will necessitate or cause the destruction, mutilation or injury of any tree in or upon any street or public ground, nor shall any building be so moved as to cause such damage without his further consent. The fee for such permit shall be $2 for each day or part thereof during which it is in force.
Cross reference — Permit fee for relocating a building, see § 2-187(1)b1; Director of Public Works, see § 2-212.
[Ord. No. 13383, Art. VI, § 7, 9-13-1937]
No person shall erect or maintain across a street a flag, banner, sign or other device hung on a rope, wire or other support without a permit from the Inspector of Buildings, approved by the Inspector of Wires. No part of such flag, banner, sign or other device shall be less than 20 feet above the roadway. The fee for a permit shall be $5 and shall accompany the application.
[Gen. Ords. 1962, § 17-11; Ord. No. 28499, 1-12-1998]
(a) 
No person shall block, obstruct or otherwise hinder or impair pedestrian or vehicular traffic by placing snow or ice or permitting or causing snow or ice to be placed upon any street, sidewalk or bridge, except that snow or ice removed from a sidewalk may be piled in the adjoining gutter.
(b) 
No person shall remove or cause to be removed any snow or ice from any private property and place or cause the same to be placed upon any street, sidewalk, bridge, public park or municipal parking lot.
(c) 
No person shall place or cause to be placed any snow or ice in such a manner as to block, obstruct or otherwise hinder or impair access to any fire hydrant or similar device used for fire protection, fire lane or fire alarm signal box.
(d) 
No person shall place or cause to be placed any snow or ice in such a manner as to block, obstruct or otherwise hinder or impair access to any police call box, marked pedestrian crosswalk, handicapped ramp, bus stop, taxi stand, driveway, walkway or public bench.
(e) 
This section shall not apply to municipal snow removal operations.
[Gen. Ords. 1962, § 17-6]
If any person excavates in the ground near to or adjoining any street, he shall, so long as the Director of Public Works and Forestry may require, keep a railing or fence on or near the line of such street, sufficient to protect the traveling public from injury thereby or from falling into the place so dug.
[Gen. Ords. 1962, § 2-69; Ord. No. 30000, 8-2-2004]
(a) 
No gas pipe, water pipe, sewer, conduit, street railway track, pole or any other structure, except wires, shall be placed beneath, upon or above any public street except upon a location and at a grade approved by the City Engineer or authorized by the Council. Within 60 days after completion of the work so approved or authorized, a final plan, showing accurately, in detail, the lines, grades and construction of the work as finished, shall be filed in the office of the City Engineer. If required by the City Engineer, a preliminary plan showing the proposed location and grade of the structure shall first be filed in his office.
(b) 
Any person violating the foregoing provisions shall be subject to the penalty provided in Section 1-9 of this Code and shall remove any structure placed contrary to the provisions of this section if required so to do by the City Engineer, and upon failure to do so, the City Engineer may make such removal or change, or, may request, with the consent of the Mayor, that the Director of Public Works make such removal or change, and the cost thereof shall be paid to the City by the person owning or controlling the structure.
[Gen. Ords. 1962, § 17-3; Ord. No. 28679, 11-23-1998]
(a) 
The several streets and squares in the City shall retain the names by which they are now known, and all streets or squares hereafter to be laid out shall be named by the Council. No street or square shall hereafter be named for any person then living, except by unanimous vote of the members of the Council present and voting on the proposed name. The Council may, by a two-thirds-vote of the whole Council, change the name of any public street or square in the City, provided that no deed or contractual restriction prohibits a change of name; and provided, further, that whenever the Council intends to change any such name it shall, before final action thereon, appoint a time and place for hearing all persons interested therein, and direct that notices of such hearing and of its intention to change such name shall be given to all owners of land adjoining such street or square in the manner required in case of the laying out of streets.
(b) 
Whenever the name of a street or square is discontinued, such name shall not be reestablished for a period of at least five years from the time of discontinuance.
(c) 
Municipal buildings, municipal parks and all other municipal property in the City shall retain the names by which they are now known, and all buildings, parks, property or any part thereof hereafter to be named, shall be named by the Council, except that no name shall be given to the City Hall or the Common. No building, park, property or part thereof shall hereafter be named for any person then living, except by unanimous vote of the members of the Council present and voting on the proposed name. The Council may, by a two-thirds vote of the whole Council, change the name of any municipal building, park or property in the City, provided that no deed or contractual restriction prohibits a change of name; and provided, further, that whenever the Council intends to change any such name it shall, before final action thereon, appoint a time and place for hearing all persons interested therein.
[Gen. Ords. 1962, § 17-4]
The City Engineer shall assign numbers to the owners of buildings who may apply for the same, such numbers to be as near as may be in accordance with the plans for sewer assessments now on file in the office of the City Engineer. He may require existing numbers to be changed whenever, in his judgment, it may be necessary to do so in order to make the numbering of buildings consistent. The owner or occupant of any building subject to such order shall, within 30 days after being duly notified of the same, comply therewith.
[Gen. Ords. 1962, § 17-5]
The Director of Public Works and Forestry shall, whenever the public safety so requires, direct and cause the entrances of any street opening into any public street to be closed.
[Gen. Ords. 1962, § 17-12; amended 12-12-2022 by Ord. No. 35739]
(a) 
The owner, or his/her agent, of land located in any Business, Commercial, or Industrial District, in the Hope Avenue Redevelopment District, and in the Riverfront Overlay District, as defined and delineated in the Zoning Code, and of land, regardless of the zone in which it is located, that contains a building designated and used for institutional uses, as defined and delineated in the Zoning Code, abutting upon or contiguous to a sidewalk of a public or private street shall cause said sidewalk to be maintained in a non-slippery condition suitable for pedestrian travel by clearing all snow and ice from a pathway at least 36 inches in width along the length of said sidewalk within the first three hours between sunrise and sunset after such snow and ice has come upon such sidewalk, and shall maintain said portion of sidewalk in a non-slippery condition by application(s) of sand and/or melting agents as may be necessary for this purpose.
(b) 
The owner, or his/her agent, of any building designed or occupied as a residence by three families or that contains more than three dwelling units, as defined in the Zoning Code, shall cause all sidewalks of a street abutting upon or contiguous to the land upon which the building is situated to be maintained in a non-slippery condition suitable for pedestrian travel by clearing all snow and ice from a pathway at least 36 inches in width along the length of said sidewalk within the first three hours between sunrise and sunset after such snow and ice has come upon such sidewalk, and shall maintain said portion of sidewalk in a non-slippery condition by application(s) of sand and/or melting agents as may be necessary for this purpose.
(c) 
Except as set forth in Subsections (a) and (b) above, the owner, or his/her agent, of any land abutting upon or contiguous to a sidewalk of a street shall cause said sidewalk to be maintained in a non-slippery condition suitable for pedestrian travel by clearing all snow and ice from a pathway at least 36 inches in width along the length of said sidewalk within the first three hours between sunrise and sunset after such snow and ice has come upon such sidewalk, and shall maintain said portion of sidewalk in a non-slippery condition by application(s) of sand and/or melting agents as may be necessary for this purpose. This subsection is not applicable to land containing single- or two-family residences.
(d) 
No person, unless authorized by the Director of Consolidated Public Works, shall place or cause to be placed snow or ice upon any street, public park, or municipal property. Without limiting the generality of the foregoing, no person, unless authorized by the Director of Consolidated Public Works, shall place or cause to be placed snow or ice upon any sidewalk of the City.
(e) 
The violation of any provision of Subsections (a), (b), and (c) of Sec. 17-23 shall be subject to a fine of $100 for the first violation, $150 for the second violation, and $200 for the third and each subsequent violation in any fiscal year. The violation of any provision of Subsection (d) of Sec. 17-23 shall be subject to a fine of $200 for each violation.
(f) 
The Director of Consolidated Public Works, or his/her designee, may grant a waiver from the terms of Sec. 17-23 for good cause. Depending upon the severity of a storm and other similar circumstances, the Director of Consolidated Public Works may also delay the period for compliance with Subsections (a), (b), or (c) of Sec. 17-23. In the event of initiating a compliance delay, the Director of Consolidated Public Works shall post a notice on the City of Waltham's internet home page and make other good faith efforts to notify the public including, but not limited to, social media outlets, email list servers, and the emergency telephone notification system.
State law reference: Sidewalk snow and ice removal; penalties for non-compliance; standards for clearance, MGL c. 40U, § 5 (St.2010, c. 26).
Cross Reference: Gen. Ords. §§ 17-10, 17-16.
[Ord. No. 13383, Art. VI, § 3, 9-13-1937]
Except as otherwise provided in this Code, or as allowed by the Council, it shall be unlawful for any person to obstruct any sidewalk.
[Ord. No. 26634, 2-13-1989]
(a) 
Except in cases of emergency, as determined by the Director of Public Works of the City in accordance with the definition contained herein or by special permission of the City Council upon request of the person seeking permission to excavate a public way, no person shall break, dig up or excavate any portion of a public way which has been resurfaced or reconstructed within five years immediately preceding the date of such request. The City Council may grant such permission only if a majority of the entire membership of the Council determines, after a public hearing, that such excavation would serve the public good.
[Ord. No. 33465, 6-13-2016]
(b) 
Where the City Council grants such permission, it shall require, as a condition of such permission, that the resurfacing of such excavation shall be accomplished with one continuous surface extending longitudinally at least two feet beyond the limits of the entire length of the excavation parallel to the street line and extending in a transverse direction from curb to curb, or, in the absence of curbing, from gutter to gutter, with no breaks or cuts in the surface, and in no event shall the length of such roadway excavation be less than 20 linear feet; provided, however, that the City Council may, by a two-thirds vote of its entire membership, waive such requirement if it determines that such waiver would serve the best interests of the City.
(c) 
Where more than one excavation is made in the same portion of the roadway, any two or more excavations which are within 10 feet of each other shall be combined for resurfacing purposes; and, in such instance, the resurfacing shall extend from curb to curb or, in the absence of curbing, from gutter to gutter and for the entire linear distance necessary to include the resurfacing of all excavations at that location; and in no event, shall the length of such excavation be less than 20 linear feet.
(d) 
All work done hereunder, must be performed to the satisfaction of the Director of Public Works and in accordance with approved industry standards for roadway excavation, backfill, base material, compaction, final grading and pavement installation.
(e) 
For the purposes of this section, the following term shall have the following meaning: Emergency. A sudden, generally unexpected occurrence or set of circumstances demanding immediate action.
(f) 
This section is intended to regulate the resurfacing of certain roadways, and nothing contained herein shall be interpreted as requiring the placement of any utility lines, pipes, conduits or the like in a precise location under the surface of any such roadway.
(g) 
Violation of this section shall be punishable by a fine not to exceed $300 per day for every day of violation, commencing with the date notification of violation is given to the person in violation.
[Ord. No. 26788, 9-25-1989]
(a) 
Except as provided elsewhere in this section, the person responsible for undertaking of construction work in, within or affecting a public way, including, but not limited to, new construction, repair, maintenance or reconstruction of such public way, shall inform the Chief of Police or his designee (hereinafter referred to as the Chief) at least 24 hours prior to commencing such work. If the Chief determines, after a review of the proposed plans, that such work will result in the disruption of the normal flow of traffic or cause a safety hazard to pedestrian or vehicular traffic, he shall order the person responsible for such work to comply with certain specific safety precautions which may include the hiring of a Waltham police officer, in conformity with existing departmental regulations and the applicable collective bargaining agreement governing privately paid police details, to direct traffic and minimize the vehicular hazards connected with such work. All payments made under this section shall be made to the City and all disbursements shall be processed through the City payroll, in conformity with state and federal statutory and regulatory provisions. If the Chief determines that such work will not result in the disruption of a normal flow of traffic or cause to exist a safety hazard to pedestrian or vehicular traffic, the Chief shall not require a police detail to be provided, and; in such event, no person failing to provide a police officer shall be found to be in violation of that provision of this subsection. The Chief shall make a written determination of his findings and shall provide a copy to any person requesting such determination.
(b) 
Where the work which is to be undertaken in, within or relating to a public way involves a major construction project, as determined by the Chief in conjunction with the Director of Public Works or his designee (hereinafter the "Director of Public Works), the Chief shall, prior to making a determination as provided in Subsection (a), confer with the Director of Public Works regarding the number and placement of police officers in any such construction activity.
(c) 
In the event of an emergency, as defined in Section 1-3 of the General Ordinances of the City, the person responsible for such work may commence such work without prior notification to the Chief, but shall notify the Chief no later than 12 hours thereafter and the Director of Public Works no later than the first business day following commencement of such work of the emergency and shall observe the safety precautions ordered by the Chief and the Director of Public Works.
(d) 
Violation of this section shall be subject to a penalty not exceeding $200 per day per violation commencing upon the date the person receives notice of violation of this section. Nothing in this section shall be construed to limit the public safety powers of the Chief. The City is exempt from the requirements of this section.
[Added 6-24-2013 by Ord. No. 31970]
(a) 
Every person operating a bicycle upon a way, as defined in Section 1 of Chapter 90,[1] shall have the right to use all public ways except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the special regulations contained in this section, except that 1) the bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way; 2) the bicycle operator shall signal by either hand his intention to stop or turn; provided, however, that signals need not be made continuously and shall not be made when the use of both hands is necessary for the safe operation of the bicycle; and 3) bicycles may be ridden on sidewalks outside business districts when necessary in the interest of safety. A person operating a bicycle on the sidewalk shall yield the right-of-way to pedestrians and give an audible signal before overtaking and passing any pedestrian.
[1]
Editor's Note: See MGL c. 90, § 1.
(b) 
Operators of bicycles shall be subject to the following regulations:
(1) 
Bicyclists riding together shall not ride more than two abreast, but on a roadway with more than one lane in the direction of travel, bicyclists shall ride within a single lane. Nothing in this subsection shall relieve a bicyclist of the duty to facilitate overtaking as required by Section 2 of Chapter 89 of the General Laws of Massachusetts.
(2) 
Seats; transport of another person; helmets.
a. 
The operator shall ride only upon or astride a permanent and regular seat attached to the bicycle; a passenger shall ride only upon or astride a permanent and regular seat attached to the bicycle or to a trailer towed by the bicycle.
b. 
The operator shall not transport another person between the ages of one year to four years or weighing 40 pounds or less on a bicycle, except in a "baby seat," so-called, attached to the bicycle, in which such other person shall be able to sit upright; provided, however, that such seat is equipped with a harness to hold such other person securely in the seat and that protection is provided against the feet or hands of such person hitting the spokes of the wheel of the bicycle; or upon or astride a seat of a tandem bicycle equipped so that the other person can comfortably reach the handlebars and pedals. The operator shall not transport any person under the age of one year on said bicycle.
c. 
Any person 16 years of age or younger operating a bicycle or being carried as a passenger on a bicycle on a public way, bicycle path or on any other public right-of-way shall wear a helmet. Said helmet shall fit the person's head, shall be secured to the person's head by straps while the bicycle is being operated, and shall meet the standards for helmets established by the United States Consumer Product Safety Commission. These requirements shall not apply to a passenger if the passenger is in an enclosed trailer or other device which adequately holds the passenger in place and protects the passenger's head from impact in an accident.
d. 
A violation of Subsection (b)(2)b or c shall not be used as evidence of contributory negligence in any civil action.
(3) 
The operator shall give an audible warning whenever necessary to insure safe operation of the bicycle; provided, however, the use of a siren or whistle is prohibited.
(4) 
The operator shall park his bicycle upon a way or a sidewalk in such a manner as not to obstruct vehicular or pedestrian traffic.
(5) 
The operator shall not permit the bicycle to be drawn by any other moving vehicle. The operator shall not tow any other vehicle or person, except that bicycle trailers properly attached to the bicycle which allow for firm control and braking may be used.
(6) 
The operator shall not carry any package, bundle or article except in or on a basket, rack, trailer or other device designed for such purposes. The operator shall keep at least one hand upon the handlebars at all times.
(7) 
Every bicycle operated upon a way shall be equipped with a braking system to enable the operator to bring the bicycle traveling at a speed of 15 miles per hour to a smooth, safe stop within 30 feet on a dry, clean, hard, level surface.
(8) 
During the period from 1/2 hour after sunset to 1/2 hour before sunrise, the operator shall display to the front of his bicycle a lamp emitting a white light visible from a distance of at least 500 feet and to the rear of said bicycle either a lamp emitting a red light or a red reflector visible for not less than 600 feet when directly in front of lawful lower beams of headlamps on a motor vehicle. A generator-powered lamp which emits light only when the bicycle is moving shall meet the requirements of this subsection.
(9) 
During the period from 1/2 hour after sunset to 1/2 hour before sunrise, the operator shall display on each pedal of his bicycle a reflector, or around each of his ankles reflective material visible from the front and rear for a distance of 600 feet, and reflectors or reflective material, either on said bicycle or on the person of the operator, visible on each side for a distance of 600 feet, when directly in front of lawful lower beams of headlamps of a motor vehicle. This subsection shall not prohibit a bicycle or its operator to be equipped with lights or reflectors in addition to those required by Subsection (b)(8) and (9).
(10) 
No bicycle shall be operated upon a way with handlebars so raised that the operator's hands are above his shoulders while gripping them. Any alteration to extend the fork of a bicycle from the original design and construction of the bicycle manufacturer is prohibited.
(11) 
The operator of a bicycle shall report any accident involving either personal injury or property damage in excess of $100, or both, to the Police Department.
(c) 
Any federal product safety standards relating to bicycles which are more stringent than the requirements of Subsection (b)(7) through (10), inclusive, shall supersede said requirements.
(d) 
Competitive bicycle races may be held on public ways, provided that such races are sponsored by or in cooperation with recognized bicycle organizations, and provided, further, that the sponsoring organization shall have obtained the approval of the City of Waltham Police Department. Special regulations regarding the movement of bicycles during such races, or in training for races, including, but not limited to, permission to ride abreast, may be established by agreement between the Police Department and the sponsoring organization.
(e) 
Violations of any provision of this section, except violations of Subsection (b)(2)c, shall be punished by a fine of $20. The parent or guardian of any person under age 18 shall not authorize or knowingly permit any such person to violate any of the provisions of this section. A bicycle operated by a person under the age of 18 in violation of this section may be impounded by the Police Department for a period not to exceed 15 days. A violation of any provision of this section by a minor under the age of 18 shall not affect any civil right or liability nor shall such violation be considered a criminal offense.
State law reference — Bicycles; operation and equipment; regulations; federal product safety standards, effect; races; violations; penalties, MGL c. 85, § 11B.
[Added 6-24-2013 by Ord. No. 31970]
(a) 
A police officer who observes a traffic law violation committed by a bicyclist may request the offender to state his true name and address. Whoever, upon such request, refuses to state his name and address or whoever states a false name and address or a name and address which is not his name and address in ordinary use shall be punished by a fine of $50. An offender who refuses to state his true name and address may be arrested without a warrant for such refusal, but no person shall be arrested without a warrant for any other traffic law violation committed while operating a bicycle. A police officer shall use the ticketing procedure described in Chapter 90C to cite a bicyclist for a traffic law violation,[1] but the violation shall not affect the status of the bicyclist's license to operate a motor vehicle, nor shall it affect the bicyclist's status in the safe driver insurance plan. When a citation is issued to a bicyclist, it shall be clearly indicated on the ticket that the violator is a bicyclist, and failure to do so shall be a defense to the violation.
[1]
Editor's Note: See MGL c. 90C.
(b) 
The parent or guardian of a person under 18 years of age shall not authorize or knowingly permit that person to violate this section. A violation of this section by a person under 18 years of age shall not affect any civil right or liability, nor shall the violation be a criminal offense. If the offender is under 16 years of age, the officer may give the notice to the parent or guardian of the offender.
(c) 
All fines collected pursuant to this section shall be used for the development and implementation of bicycle safety programs.
State law reference — Bicycles; operation and equipment; regulations; federal product safety standards, effect; races; violations; penalties, MGL c. 85, § 11E.