[Ord. of 4-28-1981]
A Department of Public Services is hereby established. Said
Department shall be composed of a Streets and Facilities Division,
an Engineering Division, a Library Division and a Veterans' Division.
[Ord. of 4-28-1981]
There shall be a Commissioner of Public Services, who shall
be appointed by the Mayor for a five-year term. The Commissioner of
Public Services shall be compensated according to the compensation
plan. Said Commissioner of Public Services shall not be subject to
the provisions of Chapter 31 of the General Laws.
[Ord. of 4-28-1981]
The Department of Public Services shall be under the direction,
control and supervision of the Commissioner of Public Services and
subject to the Mayor. The Commissioner of Public Services shall have
the right to delegate, apportion or transfer his powers and duties
to and among the various divisions of his Department, and shall promulgate
regulations and rules for the various divisions.
[Ord. of 4-28-1981]
Any reference to "Commissioner of Public Works" elsewhere in
these Revised Ordinances shall be deemed to mean Commissioner of Public
Services as herein provided.
[Ord. of 4-28-1981]
A Streets and Facilities Division is hereby established. Said
Division shall be made up of such employees as provided in the classification
and compensation plans.
[Ord. of 4-28-1981]
Said Streets and Facilities Division shall be responsible for
all streets, highways, water systems and facilities, sewer systems
and facilities, the cemeteries, all park and recreation facilities,
operations, maintenance and repairs and the Historic Valley Campground
maintenance and repairs.
[Ord. of 4-28-1981; Ord. of 3-9-2004; Ord. of 4-13-2021]
The Commissioner of Public Services shall have supervision,
direction and control of:
(a) The construction, alteration, repair, care and lighting of streets,
ways and sidewalks.
(b) The construction, alteration, repair and care of public sewers and
drains, including administration of the cross-connection program.
(c) The construction, alteration, repair, care and maintenance of public
bridges, except those bridges under the control of the Massachusetts
Department of Public Works.
(d) The construction, extension, alteration and repair of the public
waterworks.
(e) The care, superintendence and management of the public grounds, including
parking lots, belonging to the City, except such grounds as are under
the control of the School Committee and Parks and Recreation Commission,
and the shade and ornamental trees standing and growing therein.
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The Commissioner of Public Services may require that no person
or corporation authorized by the City Council to dig up any public
street or sidewalk shall begin such digging before furnishing to the
Commissioner security satisfactory to him to restore such street or
sidewalk to its former condition.
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(f) The general supervision of all tree planting, wood cutting and reforestation
on the watersheds.
(g) The Commissioner shall also, except as herein otherwise provided,
have exclusively the powers and be subject to the duties, liabilities
and penalties which may be by law given to or imposed upon Road Commissioners
of towns.
(h) All parks, playgrounds, camping areas and recreation facilities within
the City.
(i) All cemeteries within the City.
(l) The employees of the Council for the Aging.
(m) The employees of the Engineering Division.
(n) The construction,
alteration, repair and care of public fire hydrants.
[Ord. of 9-28-1982; Ord. of 2-9-1988; Ord. of 7-28-1998; Ord. of 6-27-2000; Ord. of 6-25-2002; Ord. of 9-24-2002; Ord. of 6-10-2003; Ord. of 3-9-2004; Ord. of 10-12-2004; Ord. of 9-12-2006; Ord. of 4-22-2008]
The Commissioner of Public Services shall impose the following
charges to consumers for the following services:
(1) Resident, water pipe or meter thawing:
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Business hours: $40.
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Nonbusiness hours: $60.
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(2) Nonresident or commercial, water pipe or meter thawing: $150 for
the first hour and $50 per hour thereafter.
(3) Water meter shut off or turn on: $40.
(4) Street opening permit: $100.
(5) Sewer connections in Clarksburg:
(a)
One-family house: $200 per year.
(b)
Two-family house: $375 per year.
(c)
Three-family house: $475 per year.
(d)
More than three families: $175 per year per unit.
(6) Curb cutting services:
(a)
Granite curb and cement concrete walk: $4 per square foot.
(b)
Integral curb and walk, cement concrete: $5 per square foot.
(c)
Concrete curb with cement concrete walk: $4 per square foot.
(d)
Granite or concrete curb, no walk: $10 per linear foot.
(e)
Granite or concrete curb, bituminous concrete walk: $3 per square
foot.
(7) Sewer connections:
(a)
Connection fee (except for West Shaft Road): $300.
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Connection fee to existing West Shaft Road Line: $2,000.
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(b)
Gravel or dirt road excavation: $15 per linear foot.
(c)
Surface treated road excavation: $18 per linear foot.
(d)
Blacktop or Macadam surface excavation: $20 per linear foot.
(e)
Concrete or brick surface excavation: $26 per linear foot.
(f)
City labor force work to lay pipe: $18 per linear foot.
(g)
Annual cross-connection test: $50 per device.
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Retest of failed device: $25 per device.
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(h)
Cross-connection survey: $35 per hour.
(8) Sewer usage charges for those entities exempt from City property
taxes: 100% of water charges.
[Ord. of 4-28-1981]
The Commissioner of Public Services shall keep or cause to be
kept a set of suitable records and shall record therein the accounts
of expenditures of the various divisions of his Department, which
records shall show the expenditures for construction and extension
separate from the accounts, for maintenance, and shall keep them with
such particularity as to properly differentiate, between the various
divisions, the cost and expense thereof and of the various types of
work undertaken by each division.
[Ord. of 4-28-1981]
The Commissioner of Public Services shall have general supervision
of all tree planting, wood cutting and reforestation on the watersheds
owned by the City. He shall keep, have custody of, and be responsible
for complete and accurate records of all operations, which records
shall be open to the public, including a record of all types of trees
planted, wood and timber cut, number of board feet cut, all exact
locations of tree planting, wood cutting and reforestation.
The sale of any such standing wood or timber on the watersheds
owned by the City shall be under the direction and supervision of
the Commissioner of Public Services, and the sale and cutting thereof
shall be conducted and performed only under contract in pursuance
of bids publicly advertised for and publicly opened, which such advertisements
shall in all particulars be substantially in conformity with practice
commonly established and used by the Commonwealth of Massachusetts
relating to such advertisements for such bids.
Full performance of the contract of sale by the bidder shall
be supervised by the Commissioner of Public Services.
No sale of such standing wood or timber shall be valid unless
the provisions of this section are complied with.
[Ord. of 4-28-1981; Ord. of 6-9-1992]
The Commissioner of Public Services or his designee shall have control, supervision and responsibility for the operation of the transfer station, and related activities. Said transfer station shall be operated in conformity with all applicable laws, rules and regulations. As part of these duties, the Commissioner of Public Service will ensure that a copy of Section
7-11, entitled "Disposal of waste at transfer station; charges," is posted in a conspicuous location in the vicinity of the transfer station. Additionally, the Commissioner of Public Services will ensure that a list of recyclable materials (both mandatory and voluntary) be posted in a conspicuous location in the vicinity of the transfer station.
[Ord. of 4-28-1981; Ord. of 9-28-1982; Ord. of 12-23-1986; Ord. of 3-24-1987; Ord. of 2-27-1990; Ord. of 1-14-1992; Ord. of 6-23-1992; Ord. of 11-10-1992; Ord. of 2-23-1993; Ord. of 5-25-1993; Ord. of 12-28-1993; Ord. of 2-8-1994; Ord. of 3-8-1994; Ord. of 5-24-1994; Ord. of 5-23-1995; Ord. of 10-22-1996; Ord. of 10-14-1997; Ord. of 6-9-1998; Ord. of 12-26-2001; Ord. of 6-10-2003; Ord. of 10-12-2004; Ord. of 7-11-2006; Ord. of 4-22-2008; Ord. of - -2008; Ord. of 5-26-2009; Ord. of 3-8-2011]
(a) For the purposes of this section, the following terms, phrases, words
and their derivations shall have the meanings given herein; unless
the context in which they are used clearly requires a different meaning:
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Appliances: Refrigerators, freezers, washing machines, dryers,
stoves, ranges, water heaters, air conditioners, humidifiers and dehumidifiers.
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Bag: That nonreusable device purchased from the City of North
Adams for the sole purpose of the disposal of refuse.
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Building materials: Materials derived through the demolition,
renovation, rehabilitation or construction of new and existing buildings
or structures, except City projects exempted with the approval of
the Mayor. Effective July 1, 2006, demolition materials consisting
of asphalt pavement, brick and/or concrete are prohibited from disposal
at the transfer station.
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Commercial business: Any business, company, corporation or private
enterprise.
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Commercial trash hauler: Any trash hauler which has a current
common carrier permit issued by the State Department of Public Utilities.
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Compost material: Leaves and grass clippings.
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General refuse: Material consisting of general household trash
and garbage. Household refuse other than garbage shall be categorized
as either building materials or noncompacting materials at the discretion
of the transfer station scale operator.
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Mixed load: Any combination of general refuse, brush, cord wood,
pallets, wooden crates, building materials and debris, metal, appliances,
recyclable material and compost material.
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Noncompacting material: Those materials that are not capable
of being compacted by use of reasonable and normal means, including,
but not limited to, mattresses, box springs, couches, chairs, furniture
and other items.
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Nonresident: Any person not residing within the City limits
and whose residence lies in a community having an agreement with the
City of North Adams for the disposal of waste.
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Part-time resident: Any person residing within the City limits
less than 12 months per year.
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Recyclable material: All glass, cans, newsprint, other recyclable
paper and other materials appearing on the latest addition of the
acceptable materials list published by the Material Recovery Facility
(MRF) and any other material deemed economically and technically appropriate
for recycling by the Commissioner of Public Services.
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Resident: Any person residing within the City limits 12 months
per year.
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Wood: Any wooden material, including, but not limited to, lumber,
broken-down furniture or construction debris, painted or unpainted,
treated or untreated.
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(b) The Commissioner of Public Services shall impose the following fees
for use of the City's transfer station for the following services
effective July 1, 1992:
(1) All commercial trash haulers shall pay license fees in accordance
with the fee structure contained in Regulation 3, Section c, of the
rules and regulations of the Board of Health of the City of North
Adams for the operation of a Facility for Solid Waste Disposal by
Sanitary Landfill for the City of North Adams in order to operate
within the City of North Adams.
(2) All commercial businesses desiring to enter and utilize the transfer
station shall pay a fee of $100 for a primary permit; and $100 for
each additional vehicle registered to the same commercial business.
Permits are renewable on July 1 of each calendar year.
[Ord. of 10-10-2023]
(3) Admission to the transfer station will not be allowed to any commercial
business which does not have a permit attached to a window on said
vehicle. All permits are nontransferable and may only be affixed to
vehicles owned by the commercial business. (This paragraph to become
effective July 1, 1994.)
(4) Rates.
[Ord. of 5-26-2015; Ord.
of 6-28-2016; Ord. of 6-11-2019; Ord. of 7-14-2020; Ord. of 6-22-2021; Ord. of 4-26-2022; Ord. of 10-10-2023]
General refuse:
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$0.0862 per pound
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Brush, cord wood and leaves:
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$10 per cubic yard (residential) with a $10 minimum
$20 per cubic yard (commercial) with a $20 minimum
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Building materials and debris:
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$0.0862 per pound
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Metal, excluding appliances:
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$0.0862 per pound
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Appliances:
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$50 per appliance
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Recyclable material:
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Residential:
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(no charge)
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Commercial:
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$0.0815 per pound
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Car Tires:
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Smaller than 19.5":
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$10.00 each
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Larger than 19.5":
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$15.00 each
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Truck Tires:
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Smaller than size 1100-20:
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$35.00 each
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Larger than size 1100-20:
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$45.00 each
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Truck tires with rims:
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$15.00 additional per tire
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Televisions:
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Smaller than 42":
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$30.00 each
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Larger than 42":
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$50.00 each
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Consumer electronics (including computers, keyboards, printers,
laptops, video cameras, Audio equipment and copiers):
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$20.00 each
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Air Conditioning Units:
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$50.00 each
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Dehumidifiers:
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$50.00 each
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Water Heaters:
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$50.00 each
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Small Appliances:
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$25.00 each
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Non-compacting material/items including furniture: (sofa, loveseat,
upholstered chair, carpets, mattresses and box springs, etc.):
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$35.00 each
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Clean wood:
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$0.10 per pound, minimum charge $2.00
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MINIMUM SCALE CHARGE:
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$10.00
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(c) The Commissioner of Public Services shall impose the following fees
for use of the City's transfer station for the following services
effective July 1, 1992.
(1) All residents desiring to enter and utilize the transfer station
shall pay a fee of $70 for a primary permit; and $5 for each additional
vehicle registered to the same household when purchased together.
Permits are renewable on July 1 of each calendar year.
[Ord. of 10-10-2023]
(2) All residents, including part-time residents, desiring to enter and
utilize the transfer station from January 1 to June 30 shall pay a
fee of $40 for a primary permit and $5 for each additional vehicle
registered to the same household when purchased together.
[Ord. of 10-10-2023]
(3) All residents, including part-time residents, ·desiring to
enter and utilize the transfer station on a monthly basis shall pay
a fee of $20 per month for a temporary permit; the total fee for the
temporary permit shall be based on the fee rate ($20) and the number
of months the temporary permit is to be valid. All residents, including
part-time residents, may access the transfer station on a daily basis
at a rate of $10 per day. The daily fee shall be payable at the Transfer
Station by debit and/or credit card only.
[Ord. of 10-10-2023]
(4) Admission to the transfer station will not be allowed to any personal
vehicle which does not have a permit attached to a window on said
vehicle. All permits are nontransferable and may only be affixed to
vehicles owned by residents or affixed to vehicles owned by persons
residing in the same household.
(5) Rates.
[Ord. of 5-26-2015; Ord.
of 6-11-2019;
Ord. of 7-14-2020; Ord. of 6-22-2021; Ord. of 4-26-2022; Ord. of 10-10-2023]
General refuse:
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$0.0862 per pound
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Brush, cord wood and leaves:
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$10 per cubic yard (residential) with a $10 minimum
$20 per cubic yard (commercial) with a $20 minimum
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Building materials and debris:
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$0.0862 per pound
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Metal, excluding appliances:
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$0.0862 per pound
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Appliances:
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$50 per appliance
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Recyclable material:
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Residential:
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(no charge)
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Commercial:
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$0.0815 per pound
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Car Tires:
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Smaller than 19.5":
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$10.00 each
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Larger than 19.5":
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$15.00 each
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Truck Tires:
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Smaller than size 1100-20:
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$35.00 each
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Larger than size 1100-20:
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$45.00 each
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Truck tires with rims:
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$15.00 additional per tire
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Televisions:
|
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Smaller than 42":
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$30.00 each
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Larger than 42":
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$50.00 each
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Consumer electronics (including computers, keyboards, printers,
laptops, video cameras, Audio equipment and copiers):
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$20.00 each
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Air Conditioning Units:
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$50.00 each
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Dehumidifiers:
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$50.00 each
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Water Heaters:
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$50.00 each
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Small Appliances:
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$25.00 each
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Non-compacting material/items including furniture: (sofa, loveseat,
upholstered chair, carpets, mattresses and box springs, etc.):
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$35.00 each
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Clean wood:
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$0.10 per pound, minimum charge $2.00
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MINIMUM SCALE CHARGE:
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$10.00
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(d) No persons, associations, partnerships or corporations engaged in
any form of business or commercial activity shall be allowed to purchase
a transfer station permit and attach it to a truck or pickup truck
owned by them. Persons, associations, partnerships or corporations
engaged in any form of business or commercial activity who use the
transfer station shall be charged in accordance with the commercial
rates.
(e) The Commissioner of Public Services shall impose the following fees
for use of the City's transfer station for the following services
effective July 1, 1994:
(1) All nonresidents desiring to enter and utilize the transfer station
shall pay a fee of $100 for a primary permit. No additional permits,
other than the primary permit, shall be made available to nonresidents.
Permits are renewable on July 1 of each calendar year.
[Ord. of 10-10-2023]
(2) All nonresidents desiring to enter and utilize the transfer station
on a monthly basis shall pay a fee of $40 per month for a temporary
permit. The total fee for the temporary permit is to be based on the
temporary fee rate ($40) and the number of months the temporary permit
is to be valid. Nonresidents may access the transfer station on a
daily basis at a rate of $25 per day. The daily fee shall be payable
at the Transfer Station by debit and/or credit card only.
[Ord. of 10-10-2023]
(3) Admission to the transfer station will not be allowed to any personal
vehicle which does not have a permit attached to a window on said
vehicle. All permits are nontransferable and may only be affixed to
vehicles owned by the purchasing nonresident or affixed to vehicles
owned by persons residing in the same household.
(4) Rates:
[Ord. of 5-26-2015; Ord.
of 6-11-2019;
Ord. of 7-14-2020; Ord. of 6-22-2021; Ord. of 4-26-2022; Ord. of 10-10-2023]
General refuse:
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$0.0862 per pound
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Brush, cord wood and leaves:
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$10 per cubic yard (residential) with a $10 minimum
$20 per cubic yard (commercial) with a $20 minimum
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Building materials and debris:
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$0.0862 per pound
|
Metal, excluding appliances:
|
$0.0862 per pound
|
Appliances:
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$50 per appliance
|
Recyclable material:
|
|
Residential:
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(no charge)
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Commercial:
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$0.0815 per pound
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Car Tires:
|
|
Smaller than 19.5":
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$10.00 each
|
Larger than 19.5":
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$15.00 each
|
Truck Tires:
|
|
Smaller than size 1100-20:
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$35.00 each
|
Larger than size 1100-20:
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$45.00 each
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Truck tires with rims:
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$15.00 additional per tire
|
Televisions:
|
|
Smaller than 42":
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$30.00 each
|
Larger than 42":
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$50.00 each
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Consumer electronics (including computers, keyboards, printers,
laptops, video cameras, Audio equipment and copiers):
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$20.00 each
|
Air Conditioning Units:
|
$50.00 each
|
Dehumidifiers:
|
$50.00 each
|
Water Heaters:
|
$50.00 each
|
Small Appliances:
|
$25.00 each
|
Non-compacting material/items including furniture: (sofa, loveseat,
upholstered chair, carpets, mattresses and box springs, etc.):
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$35.00 each
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Clean wood:
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$0.10 per pound, minimum charge $2.00
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MINIMUM SCALE CHARGE:
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$10.00
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(f) Bag Fees are as follows:
[Ord. of 10-10-2023]
Small bag: $1.50 each
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Large bag: $3.50 each
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(g) No disposal of any type will be allowed on Sundays or holidays.
(h) Violation of any section of this section shall be punishable by a
fine of not less than $100 nor more than $300.
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All funds generated from the operation of the transfer station
shall not be expended, but shall be accounted for in a separate ledger
account marked "Transfer Station Receipts," and such funds shall be
in each fiscal year reserved for future appropriation. It is the intent
of this section to reserve these funds for transfer station operating
costs, capital expenditures at the transfer station, and future landfill
closure costs, as the City Council in any fiscal year shall deem appropriate.
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[Ord. of 6-27-1989; Ord. of 1-8-1991; Ord. of 12-28-1993; Ord. of 9-28-1999; Ord. of 7-11-2006]
(a) There is hereby established a program for mandatory separation of
certain recyclable materials from garbage or rubbish by all persons
and businesses in the City of North Adams.
(b) For the purpose of this section, the following terms, phrases, words
and their derivations shall have the meanings given herein, unless
the context in which they are used clearly require a different meaning.
The word "shall" is always mandatory and not merely directory:
DWELLING
Shall mean every building or shelter, including but not limited
to rooming houses and temporary housing used or intended for human
habitation.
DWELLING UNIT
Shall mean the room or groups of rooms within a dwelling
used or intended for use by a person, one family or household for
living, sleeping, cooking and eating.
PERSONS
Shall mean any individual, business, trust, firm, partnership,
association, corporation, company, enterprise or organization of any
kind.
RECYCLABLE MATERIAL
Shall mean all materials listed as acceptable by the Material
Recovery Facility (MRF) and any other material deemed economically
and technically appropriate for recycling by the Director of Health-Sanitarian.
WASTE MATERIAL
All materials except compost material, recyclable material,
and all materials not listed in the State Waste Bans.
(c) All persons shall separate waste materials into the following categories
before depositing same for disposal at the transfer station/recycling
center:
(1)
Unbroken glass jars and bottles or similar products except blue
and flat glass commonly known as "window glass"; dishes and crockery;
aluminum and ferrous metal cans and lids, except those which contain
paint or petroleum-based solvents and any pressurized aerosol cans.
(2)
White and colored paper, newspaper, magazines, paper bags, paperboard
boxes, except those which contained cereal or other food items, unwaxed
and uncoated corrugated boxes and cardboard, and any other unsoiled
paper, except envelopes containing plastic windows, wax or plastic
cereal box liners and coated cardboard cartons.
(4)
Construction and demolition debris, excluding asphalt pavement,
brick and concrete.
(9)
Mattresses.
[Ord. of 10-10-2023]
(10)
Textiles.
[Ord. of 10-10-2023]
(11)
Food material in excess of 1/2 ton per week.
[Ord. of 10-10-2023]
(12)
All other waste items.
[Ord. of 10-10-2023]
(d) Persons shall deposit materials at the transfer station/recycling center that are separated into categories (1) and (2) as set forth in Subsection
(c) into the proper containers provided for that purpose by the City of North Adams. All corrugated paper shall be flattened. All glass, aluminum and ferrous metal cans and lids shall be rinsed with water.
(e) The owner of any dwelling that contains two or more dwelling units shall be responsible for providing as many receptacles for the storage of waste materials as are sufficient to contain the accumulation before the final collection or ultimate disposal. The owner shall provide separate designated receptacles so that the occupants of the dwelling can separate waste material into the categories set forth in Subsection
(c). Occupants of the dwelling shall separate waste materials into the categories set forth in Subsection
(c) and deposit said waste materials into the proper designated receptacles designated for the category of waste material. Such receptacles shall be made of metal or other durable, rodent proof material and shall be located in an area reasonably accessible to the occupants.
(f) Any person, business, company or corporation engaged in the business of hauling waste materials will not knowingly dispose of waste materials at the transfer station/recycling center that have been separated into the categories set forth in Subsection
(c) which should instead be recycled. Any person, business, company or corporation engaged in the business of hauling waste materials who attempts to deposit or who has subsequently been identified as having deposited at the transfer station/recycling center waste materials that have not been properly separated into the categories set forth in Subsection
(c) must provide, insofar as is possible, the enforcing officer with the name and address of the person who generated the waste material. Failure to provide such names and addresses as can be reasonably ascertained shall constitute a violation of this section, and the waste material will not be allowed to be deposited at the transfer station/recycling center until such waste material has been separated into the categories set forth in Subsection
(c).
(g) The provisions of this section shall be enforced by the Director
of Health-Sanitarian or his/her designees and the Administrative Officer.
(h) It will be the responsibility of the person, business, company or
corporation engaged in the business of hauling waste materials to
ensure that their loads, whether of residential, commercial or industrial
origin, comply with these requirements.
(i) Any violation of this section shall be subject to the following action:
(1)
First violation: verbal and written warning to the offending
person, business, company or corporation. (This subsection to become
effective November 29, 1999.)
(2)
Second violation: A subsequent offending load will be charged
at twice the normal tipping fee. (This subsection to become effective
March 27, 2000.)
(3)
Third violation: The offending person, business, company or
corporation will be banned from using the transfer station/recycling
center for a period of two weeks. Repeated violations may result in
longer term or permanent banning from the transfer station/recycling
center. (This subsection to become effective October 2, 2000.)
(j) In addition to the procedures for enforcement set forth in Subsection
(i) described, the provisions of this section may also be enforced by the Director of Health-Sanitarian or his/her designees or the Administrative Officer by noncriminal complaint pursuant to City Ordinances Chapter
29 and to the provisions of General Laws, Chapter 40, Section 21D. Each day on which a violation exists shall be deemed a separate offense. For the purpose of this provision the penalty to apply in the event of a violation shall be as follows: a written warning for the first offense; $50 for the second and subsequent offenses.
[Ord. of 4-28-1981]
All municipal cemeteries shall be under the management and control
of the Commissioner of Public Services. Said Commissioner of Public
Services shall have the sole care, superintendence and management
of all municipal cemeteries, may lay out existing municipal burial
grounds or any land purchased, given or taken by eminent domain and
set apart by the City for cemeteries in lots or other suitable subdivisions,
with proper walks and roads, and shall set apart a suitable portion
thereof as a public burial place for the use of the inhabitants of
the City free of charge. He may plant, embellish, ornament and fence
the same and erect therein such suitable edifices and conveniences
and make such improvements as he considers convenient. He shall be
responsible for the drafting of a complete set of plans showing the
location of all burial lots in the municipal cemeteries and shall
maintain a copy of such plans in the office of the City Clerk.
[Ord. of 4-28-1981; Ord. of 6-11-2019]
A Cemetery Board of Trustees is hereby established, consisting
of five members appointed by the Mayor for terms of one, two and three
years, respectively in order of appointment, and each member thereafter
for a term of three years. Said Trustees shall serve without compensation
and shall be residents of the City.
The Cemetery Board of Trustees shall serve as an advisory board
to the Commissioner of Public Services in the furtherance of his duties
under these Revised Ordinances.
[Ord. of 4-28-1981]
The Commissioner of Public Services shall keep a true and accurate
record of the sale and ownership of burial lots and all burials and
all receipts and expenditures.
[Ord. of 4-28-1981]
All money intended for perpetual care of City cemetery lots
shall be paid to the City Treasurer who shall, unless otherwise provided
or directed by the donor thereof, place such sums at interest in a
savings bank, trust company or national bank located in the City,
or invest the same in cooperative bank shares or in other securities
which are legal investments for savings banks in Massachusetts, and
shall apply the accrued interest, or dividends thereon, to be credited
in December in each year thereafter to the care of such lots. Such
funds, moneys or securities shall be entered upon the books of the
Treasurer as trust funds for the perpetual care of cemetery lots.
[Ord. of 4-28-1981]
The City Treasurer shall, when a payment for perpetual care
is made, give the person making the payment an agreement or obligation
in the following form:
"The City of North Adams acknowledges the receipt from _____
of the sum of__________ dollars, paid for the perpetual care and improvement
of Lot No. _____ in the cemetery in said city, under the provisions
of the statutes.
"The city agrees therefore, unless otherwise provided or directed
by the donor thereof, to place such sum at interest in a savings bank,
trust company or national bank located in the city, to invest same
in cooperative bank shares or in other securities which are legal
investments for savings banks, and to apply the accrued interest thereon,
to be credited in December in each year thereafter, to the care of
said lot.
"Should the city officer charged with the care of said lot hereunder
deem it unnecessary to expend in any year the full amount of interest
credited, the city shall retain the amount not needed and add the
same to the principal of the fund as an accumulation, unless requested
in writing by the donor to expend the full amount in that year, and
interest shall be allowed on such accumulation as part of the principal."
[Ord. of 4-28-1981]
The City Treasurer shall annually in December make a statement
to the Commissioner of Public Services, showing the amount of income
received from the funds which may be expended for the care of the
lots.
[Ord. of 4-28-1981]
The City Treasurer shall in his annual report make a statement
showing the liability of the city in connection with perpetual care
funds and securities, and in addition thereto give a detailed statement
of each deposit made under the provisions of this chapter during the
year.
[Ord. of 4-28-1981]
No person shall drive or cause to be driven any automobile or
motor vehicle of any kind in or through any public cemetery or burial
grounds, except in compliance with the rules and regulations prescribed
by the Commissioner of Public Services.
[Ord. of 4-28-1981; Ord. of 7-9-1991; Ord. of 11-25-1997; Ord. of 5-8-2007; Ord. of 9-10-2014]
The Commissioner of Public Services shall sell lots in the name
of the City and perpetual care for the same on a basis of the following
schedule of prices:
Resident
|
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Type Lot
|
Price of Lot
|
Perpetual Care
|
Total Price
|
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Single grave
|
$400
|
$100
|
$500
|
2 graves
|
$800
|
$200
|
$1,000
|
4 graves
|
$1,600
|
$400
|
$2,000
|
Nonresident
|
---|
Type Lot
|
Price of Lot
|
Perpetual Care
|
Total Price
|
---|
Single grave
|
$700
|
$200
|
$900
|
2 graves
|
$1,400
|
$400
|
$1,800
|
4 graves
|
$2,800
|
$800
|
$3,600
|
[Ord. of 9-24-1991]
Any cemetery lot transferred to a nonresident by a resident
shall be subject to a fee in accordance with the following schedule:
Type Lot
|
Price of Lot
|
Perpetual Care
|
Total Price
|
---|
Single Grave
|
$260
|
$60
|
$320
|
2 Graves
|
$520
|
$120
|
$640
|
4 Graves
|
$1,040
|
$240
|
$1,280
|
8 Graves
|
$2,080
|
$480
|
$2,560
|
12 Graves
|
$3,120
|
$720
|
$3,840
|
[Ord. of 4-28-1981; Ord. of 2-22-1983]
A parks and recreation commission is hereby established, and
shall consist of seven members, who shall be residents of the city.
[Ord. of 4-28-1981; Ord. of 2-22-1983]
The Mayor shall, in the month of April, in every year, appoint
a member of the Commission to serve for a term of five years, beginning
on the first day of May. The terms of appointment shall be arranged
so that beginning with the year 1983, with the increase in Commission
membership from five to seven members, the term of three members shall
expire on the first day of May in the year 1988 and every fifth year
thereafter. The terms of the remaining members will be so arranged
so that not more than one member shall expire each year beginning
with the year 1984.
[Ord. of 4-28-1981]
The parks and recreation commission shall annually meet and
organize by choosing a chairman and secretary from among their own
number, and a majority of the commission, shall constitute a quorum
for the transaction of business. The commission may make such rules
and regulations for its own government and in relation to its officers
as it may deem expedient and proper.
[Ord. of 4-28-81; Ord. of 3-27-1990]
The parks and recreation commission shall serve as an advisory
commission to the commissioner of public services, or other person
in charge of the parks and recreation facilities of the city, relative
to programs, maintenance and administration of the parks, recreation
facilities of the city.
It shall be the duty of the parks and recreation commission
to plan all facilities as are deemed appropriate and practical to
afford to the people opportunity for the employment of their leisure
time in wholesome community recreation and activity, and to organize
and supervise whatever provisions are now existing or which are hereafter
made by the city for park purposes, for swimming and beaches, indoor
and outdoor recreation, social centers, music, dances and all similar
and related public park and recreational activities.
[Ord. of 4-28-1981]
The mayor may appoint an executive director of parks and recreation,
who shall be compensated according to the compensation plan. Said
executive director shall meet with the parks and recreation commission,
and shall perform such duties as prescribed by the commissioner of
public services.
[Ord. of 4-28-1981; Ord. of 3-27-1990]
Subject to section
7-23 of these [Revised] Ordinances, the parks and recreation commission shall have general care and charge of the Veterans Memorial Drive, Colegrove Park, Kemps Park, Noel Field, Greylock Field, and all playgrounds not under the control of the school committee which are used for the summer playground program of the commission shall be under the control, general care and charge of the commission during the summer vacation period when school is not in session.
[Ord. of 4-28-81]
The parks and recreation commission may conduct its activities
on property under its control, on other public property under the
control of any other public officers or boards, with the consent of
such officers or boards, or on private property with the consent of
the owners.
[Ord. of 4-28-1981; Ord. of 6-14-88]
(1) Erection of structures. No person shall construct or erect any building
or structure less than 600 square feet in area of whatever kind, whether
permanent or temporary in character, or run or string any public service
utility into, upon or across such lands, except on special written
permission of the commissioner of public services.
(2) Permits for sports, games and use of premises. Permits for sports
or games or use of public parks, recreation areas and playgrounds
under the jurisdiction of the park and recreation commission may be
issued by the commissioners.
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Permits for such sports, games or for the use thereof are not
transferable and are valid only when the game, contest or use is to
be exercised between the teams specified thereon, or the persons permitted
the use thereof.
|
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Games, sports or the use of the premises authorized under permits
must be conducted between the hours specified on the permit and such
games, sports or use must be started sufficiently early to allow for
their termination within the specified time. The commission may prescribe
other conditions in such permits.
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The fee or charge, if any, for use of land under the jurisdiction
of the commission shall be determined by the commission.
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(3) Damage generally, etc., to property. No person shall willfully mark,
deface, disfigure, injure, tamper with, or displace or remove, any
building, tables, benches, fireplaces, railings, paving or paving
material, water lines or other public utilities or parts of appurtenances
thereof, signs, notices or placards, whether temporary or permanent,
monuments, stakes, posts or other boundary markers, or other structures
or equipment, facilities or park property or appurtenances whatsoever,
either real or personal, under the jurisdiction of the park and recreation
commission.
(4) Removal or excavation of natural resources generally. No person shall
dig or remove any beach sand, whether submerged or not, or any soil,
rock, stones, trees, shrubs or plants, down timber or other wood or
materials, or make any excavation by tool, equipment, blasting or
other means or agency.
(5) Injuring, etc., trees, shrubs, lawns, etc.; climbing walking, etc.,
in unauthorized places. No person shall damage, cut, carve, transplant
or remove any tree or plant or injure the bark, or pick the flowers
or seeds, of any tree or plant under the jurisdiction of the park
and recreation commission. Nor shall any person attach any rope, wire,
or other contrivance to any such tree or plant. No person shall dig
in or otherwise disturb grass areas, or in any other way injure or
impair the natural beauty or usefulness of any such park or recreation
area. No person shall climb any tree or walk, stand or sit upon monuments,
vases, fountains, railings or fences under the jurisdiction of the
park and recreation commission or upon any other such property not
designated or customarily used for such purposes.
(6) Maintenance of restrooms and washrooms. No person shall fail to cooperate
in maintaining restrooms and washrooms under the jurisdiction of the
park and recreation commission in a neat and sanitary condition.
(9) Disorderly conduct. No person shall behave himself in a disorderly
manner on any land under the jurisdiction of the park and recreation
commission. The commission or its authorized agents, assistants or
employees has the right to bar any person guilty of disorderly conduct
on the land under the jurisdiction of the commission for such length
of time as the commission deems reasonable and proper.
(10) Traffic regulations. No person in a park, playground or recreational
area shall:
(a)
State motor and vehicle laws apply. Fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this section and Chapter
13 and other ordinances.
(b)
Enforcement. Fail to obey all traffic officers and recreational
employees, such persons being hereby authorized and instructed to
direct traffic in park and recreational areas.
(c)
Obedience to traffic signs and markings. Fail to observe carefully
all traffic signs indicating speed, direction, caution, stopping or
parking, and all others posted for proper control and to safeguard
life and property.
(d)
Speed of vehicles. Ride or drive a vehicle at a rate of speed
exceeding 15 miles an hour, except as otherwise designated by posted
signs.
(e)
Operation confined to roads and parking areas. Drive any vehicle
on any area except the roads, or parking area, or such other areas
as may be specifically designated by the park and recreation commission
or its duly authorized agents, assistants or employees.
(f)
Parking. Park a vehicle in other than an established or designated
parking area in a park, playground or recreational area, and such
use shall be in accordance with the posted directions thereat and
with the instructions of any officer or recreational employee who
may be present.
(11) Bathing, swimming and boating.
(a)
Designated areas. No person shall swim, bathe or wade in any
water except in such places designated by the park and recreation
commission therefor.
(b)
Hours. No person shall frequent or use any water areas under
the jurisdiction of the park and recreation commission for swimming
or bathing or congregate thereat; except between such hours of the
day and on such days as shall be designated by the commission.
(c)
Costume. No person shall allow himself to be so covered with
a bathing suit as to indecently expose his person or call forth merited
criticism.
(d)
Bathhouses. No person shall dress or undress on any beach or
in any vehicle, toilet or other place, except in such bathhouses or
structures as may be provided for that purpose.
(e)
Boating. No person shall bring into or operate any boat, raft
or other watercraft, whether motor-powered or not, upon any waters
under the jurisdiction of the park and recreation commission, except
at places designated for same by the commission.
(f)
Air-inflated objects. No person shall bring into or use upon
any waters any air-inflated object except at places designated for
same by the commission.
(12) Picnic areas and picnickers. No person shall:
(a)
Regulated. Picnic or lunch in a place other than those designated
for that purpose. Officers or recreational personnel shall have the
authority to regulate the activities in such areas when necessary
to prevent congestion and to secure the maximum use for the comfort
and convenience of all. Visitors shall comply with any directions
given to achieve this end.
(b)
Tables, benches and fireplaces. The use of individual fireplaces
together with tables and benches shall follow the rule of, "first
come, first served," and the use of any portion of the picnic area
for the purpose of holding picnics to the exclusion of other persons
is hereby prohibited.
(c)
Duty of picnicker. No person using the picnic area shall leave
same before completely extinguishing any fire and before all trash,
waste and refuse are discarded, boxes, paper, cans, bottles and garbage
are properly disposed of in disposal receptacles provided therefor.
If no such receptacles are available, the refuse and trash shall be
carried away from the area to be properly disposed of elsewhere.
(13) Intoxicating beverages. No person shall bring into, expose or consume
any intoxicating beverages on any area where same is prohibited by
the park and recreation commission.
(14) Gambling. Gambling in any and all forms is prohibited on all lands
under the jurisdiction of the park and recreation commission.
(15) Sale of food, beverages, goods, wares and merchandise. No person shall sell or offer for sale on any park, playground or recreational area, food, beverages, goods, wares or merchandise, except as provided in section
7-27 and in the following paragraph.
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The park and recreation commission may provide concession booths
or stands on lands under its jurisdiction, to sell food, beverages,
goods, wares or merchandise that are incidental to the use thereof,
and may lease for a period of time not to exceed, three years, to
a person submitting the highest bid therefor, after inviting bids
by public advertisement, such concession booths or stands.
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[Ord. of 3-23-2010]
The Commissioner of Public Services or his designee or the Mayor's designee shall have jurisdiction over the Historic Valley Park Campground, subject to the Windsor Lake Recreation Commission pursuant to section
7-29.4 of these Revised Ordinances.
[Ord. of 4-28-1981; Ord. of 3-23-2010]
The Commissioner of Public Services or his designee or the Mayor's
designee shall appoint a part-time park manager who shall be compensated
according to the compensation plan.
[Ord. of 3-27-1990; Ord. of 3-23-2010]
A Windsor Lake Recreation Commission is hereby established,
and shall consist of five members, who shall be residents of the City.
[Ord. of 3-27-1990; Ord. of 3-23-2010]
The Mayor, shall, in the month of April, for the initial appointments
to said Commission, appoint one member to serve one year; one member
to serve two years; and one member to serve three years; one member
to serve four years; and one member to serve five years. Thereafter,
as the terms of office expire, the Mayor shall appoint successors
for five-year terms. Such members shall serve without compensation.
[Ord. of 3-27-1990]
The Commission shall annually meet in the month of April and
organize by choosing a Chairman and Secretary from among their own
number, and a majority of the Commission shall constitute a quorum
for the transaction of business.
[Ord. of 3-27-1990; Ord. of 3-23-2010]
Subject to the provisions of this section, the Windsor Lake
Recreation Commission shall have general care and charge of the Windsor
Lake Recreation Area and the Historic Valley Park Campground.
The Commission shall serve as an advisory commission to the
Commissioner of Public Services, or his designee or the Mayor's designee
in charge of the parks and recreation facilities of the City, relative
to programs, maintenance, and administration of Windsor Lake and the
Historic Valley Park Campground. The Commission may adopt such rules
and regulations, subject to the approval of the Commissioner of Public
Services, as it deems necessary for the proper maintenance and operation
of Windsor Lake and the Historic Valley Park Campground.
It shall be the duty of the Commission to plan and supervise
whatever provisions are made by the City for park purposes, swimming
and beaches, outdoor recreation and all similar and related public
park and recreational activities at Windsor Lake and the Historic
Valley Park Campground.
[Ord. of 3-27-1990]
The commission shall make an annual report to the mayor containing
a statement of the condition of the land under its control or supervision,
together with any information or suggestions which it may deem important.
[Ord. of 4-28-1981]
An engineering division is hereby established. The mayor may
appoint such employees of the engineering division as provided by
the classification plan.
[Ord. of 4-28-1981]
The commissioner of public services shall designate one employee
of the division to exercise the general supervision of all matters
within the division. He shall be consulted in relation to public improvements
of every kind where the advice of a qualified engineer would be of
service. He shall have charge of all plans of streets, drains, sewers
and structures of every kind, not especially belonging to other departments,
and shall keep the same properly classified and indexed. He shall
cause to be made record plans of all sewers, drains, water pipes and
other structures under his charge laid or built by the city; and he
may make such rules and regulations concerning the taking of plans
from his office as he may deem necessary to ensure their safety. He
shall perform all engineering services and make all examinations and
prepare all statements, plans and specifications relating to work
under his charge which any department may need. He shall make such
surveys, plans, proper estimates and descriptions as may be required
by the mayor or the commissioner of public services, and he shall
perform all other such services for the city which properly come under
the direction of a qualified engineer as may be required of him by
the mayor or the commissioner of public services.
[Ord. of 4-28-1981]
The engineering division shall assist the city solicitor as
far as possible in defending the city against suits and claims brought
against it for damages sustained by reason of any defect or want of
repair in any public way, or for any other cause whatever.
[Ord. of 4-28-1981]
The engineering division shall give to all applicants, as far
as the files and records of his [its] office will permit, any information
as to the lines and grades of any public street or way.
[Ord. of 4-28-1981]
There shall be a veterans' division, which shall administer
the disbursement of state and military aid and soldiers' relief.
[Ord. of 4-28-1981]
The veterans' division shall be under the supervision and control
of an agent who shall be a veteran.
[Ord. of 4-28-1981]
The veterans' division shall exercise the powers and perform
the duties as provided and set forth by the General Laws, and shall
perform such other duties as the mayor shall from time to time direct.
He [It] shall investigate all petitions for veterans' service and
act upon the same in accordance with law.
[Ord. of 4-28-1981]
A library division is hereby established, which division shall operate in accordance with sections
11-1 through
11-5, inclusive, of these Revised Ordinances.
[Ord. of 4-28-1981]
Any employees of the city engaged in activities concerning the
council for the aging shall be under the direction, control and supervision
of the commissioner of public services.
[Ord. of 4-28-1981]
In the event that; any portion of this chapter is declared null
and void by a court of competent jurisdiction, such invalidity shall
not affect any remaining portions.