[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)
PRINTED MATTER VENDING MACHINE
Definition. As used in this section, the following terms shall have
the meanings indicated:
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.
(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.
(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.
[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.
[Ord. No. 13383, Art. VI, § 3, 9-13-1937]
Any fixture, structure, property or vehicle which has been erected,
placed or left illegally in any street, including the sidewalk, may
be removed by or under the direction of an officer and at the owner's
expense.
[Gen. Ords. 1962, § 17-12]
Every tenant or occupant of a building or lot of land, and if
there is no tenant or occupant, the owner thereof, bordering on the
streets enumerated below shall cause the snow to be removed from the
entire sidewalk in front of such land or building within 24 hours
after such snow has ceased to fall:
Main Street, north side, from Linden Street to Prospect Hill
Road.
Main Street, south side, from a point opposite Linden Street
to South Street.
Moody Street, east side, from Main Street to Derby Street.
Moody Street, west side, from Main Street to the southerly end
of Crescent Street.
State law reference: Power of City to require removal
of snow from sidewalks by abutting property owners, MGL. c. 85, § 5.
Cross Reference — Removal of snow and ice from roofs, see § 17-10.
[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.
|
