[Adopted as §§ 20.1 to 20.7, 20.12 and 20.15
and Arts. 21 and 27 of the 1981 Bylaws]
A.
No person, other than an authorized Town agent, shall place or throw
or cause to be placed or thrown onto any public sidewalk, street,
fire hydrant, or highway or upon any of the common lands of the Town
any snow, dirt, gravel or foreign substance, including excrement or
noxious or slippery liquids or material, or suffer the same to remain
thereon after being notified by a police officer to remove the same.
[Amended 4-26-1999 ATM, approved 10-18-1999; 5-29-2013 STM, approved 10-8-2013]
B.
Other than for official Town or conservation purposes, no person
shall place or cause to be placed on any public sidewalk, street or
highway, or upon any of the common lands of the Town, any refuse containers
to be collected for disposal of refuse by the Town or any other collector
of refuse and suffer the same to remain thereon for more than 24 hours
prior to the time said containers are scheduled to be collected for
disposal of refuse or for a period of time terminating at 8:00 a.m.
on the day following the said collection. In connection with a project
for construction, demolition or repair of any building or any other
construction for which disposal of refuse cannot be effected in accordance
with the preceding sentence, the owner of the property upon which
such construction, demolition or repair is undertaken may apply to
the Select Board or its designee for a written permit which the Board
or its designee may in its discretion issue subject to such terms
and conditions, including a bond, as may be deemed necessary and appropriate
to protect the public safety.
[Amended 4-23-1984 ATM, approved 7-30-1985]
C.
No person shall erect, set up or maintain any fence, portico, platform
or doorstep extending into or on any public sidewalk or way.
D.
Obstructions.
[Amended 4-28-2008 ATM, approved 12-23-2008]
(1)
No person shall permit a tree, branch thereof, hedge, bush or shrubbery
growing on his/her land to extend over or overhang any street, sidewalk
or highway so as to interfere with the free and full use of such street,
sidewalk or highway.
(2)
No person, other than an authorized agent of the Town, may place
or cause to be placed or maintained any permanent or temporary structure
or any natural or man-made materials (including, without limitation,
the parking of vehicles of any type) on any public street, sidewalk
or highway in such a manner as to obstruct or otherwise interfere
with the free and full use of such public street, sidewalk or highway
for the passage of vehicles or pedestrians, except upon written permit
or authorization from the Select Board or its designee, which the
Board or its designee may in its discretion issue subject to such
terms and conditions, including a bond, as may be deemed necessary
and appropriate to protect the public safety.
[Amended 5-1-2023 ATM, approved 10-11-2023]
(3)
The Town will communicate at least annually to the residents of the Town the requirements of this § 60-800D, but failure to do so shall not affect its enforceability. In addition to other penalties applicable to violation of these bylaws, in the event the Town undertakes to remove any obstructions described in Subsection D(1) and (2), the Town may charge the landowner for the reasonable cost thereof.
[Amended 5-1-2023 ATM, approved 10-11-2023]
E.
Authorization required for certain activities.
[Amended 4-28-2008 ATM, approved 12-23-2008]
(1)
No person, other than an authorized agent of the Town, shall break,
dig up or construct any sidewalk; walk upon or otherwise alter lots
or borders on cemetery grounds or areas of other municipal grounds
upon which hedges, shrubs or flowers are grown; in any way damage
or write, paint, print, inscribe, display signs or distribute written
matter upon any Town property; or conduct any parade upon public ways,
except upon written permit or authorization from the Select Board
or its designee.
(2)
No person, other than an authorized agent of the Town, shall break,
remove, dig up, or install any pavement, ground, or curbing in or
on any public street or highway for any purpose whatsoever, including
but not limited to the creation or modification of a driveway curb
cut, except upon written permit or authorization from the Select Board
or its designee.
(3)
Any written permits or authorization granted pursuant to Subsection E(1) and (2) above shall be in force for such time and subject to such conditions, including a bond, as the Select Board or its designee may specify and shall set forth any appropriate safety or security measures to be taken, the manner in which the permitted activity is to be performed or the condition of the affected municipal property upon completion of the authorized activity.
F.
No person shall throw stones, snowballs, sticks or other missiles, or kick a football or play at any game in which a ball is used, or fly kites or other objects, or shoot with or use an airgun, bow and arrow, slingshot, or other similar device in or across any public ways of the Town, except that the Select Board may authorize the use of a public way for recreational purposes in the same manner as is provided for an activity pursuant to Subsection E.
G.
No person, other than an authorized agent of the Town, shall excavate
a trench in a public way or otherwise dig below the surface of a public
way, and no person shall excavate a trench on any private land, for
any purpose, without first obtaining a written permit from the Select
Board or its designated agent, and then only in accordance with said
Board's written regulations and with the applicable provisions of
MGL c. 82, §§ 40 through 40D, and MGL c. 82A; provided,
however, that in the case of an emergency excavation made by a person
engaged in the transmission or distribution of a public utility, written
permission may be obtained after commencement of such excavation,
provided that the Select Board is satisfied that the perceived emergency
was, in fact, a situation in which immediate action was necessary
to maintain or restore an essential utility service to avoid imminent
danger to the public health or safety.
[Added 4-28-2008 ATM, approved 12-23-2008]
(1)
Definitions. For purposes of this bylaw, the words "excavation" and
"emergency" shall have the same meanings as defined in MGL c. 82,
§ 40. The word "trench" shall have the same meaning as defined
in MGL c. 82A, § 4. The word "person" shall include, without
limitation, any individual or any entity such as a partnership, joint
venture, trust, corporation, company, association, public utility,
or governmental body or agency.
(2)
Regulations. The Select Board may promulgate and, from time to time,
amend rules and regulations for the excavation and restoration of
public ways and for the excavation of trenches on private land. Such
rules and regulations may include, but shall not be limited to, requirements
for plans, insurance, notification of public utilities, traffic control,
protection of adjoining properties, cleanup, backfilling, testing,
scheduling, workmanship quality, bonds, and permit fees. Such rules
and regulations may also designate a Town officer to act as the Board's
agent in issuing permits hereunder.
H.
Any owner or owners of record and/or commercial tenant or tenants
of commercial property within commercial areas annually designated
by the Select Board shall be individually and jointly responsible
for the removal and shall remove all snow and ice on any abutting
public sidewalk in such designated areas to the extent practicable
down to the sidewalk's natural surface and otherwise level and evenly
cover the same with sand, earth or ashes to prevent slipping. This
responsibility shall be subject to the following terms and conditions:
[Amended 4-27-1987 ATM, approved 8-17-1987; 4-23-2001 ATM, approved 8-24-2001]
(1)
The removal and treatment of ice and snow shall be accomplished within
12 hours after the same shall cease to fall or be formed on such sidewalks.
(2)
Snow and ice shall be removed from all portions of such sidewalks
excluding no more than 1/2 of the width thereof nearest the curb or
other lateral limit of the roadway.
(3)
Notice of such commercial areas designated by the Select Board shall
be posted by November 1 of each year in the Town Hall and published
for two successive weeks in a newspaper, printed in the Town or circulated
therein as a local paper, in October prior to the posting thereof.
(4)
The Town may undertake to remove or treat such snow and ice in the
event any such owner or owners and/or commercial tenant or tenants
shall have refused or neglected to remove the same and, in addition
to other penalties applicable to violation of these bylaws, such owner
or owners and/or commercial tenant or tenants shall be liable to the
Town for the cost and expense incurred by the Town for the removal
or treatment thereof.
(5)
The Select Board, or their designee, may establish regulations and
fix charges for the removal and treatment of snow and ice on public
sidewalks within the designated commercial areas.
(6)
The Select Board, or their designee, may, on behalf of the Town,
by prearrangement with any such record owner or owners and/or commercial
tenant or tenants, agree and undertake to remove or treat snow and
ice on such public sidewalks on a regular or annual basis upon terms
and conditions which assure the prompt and timely reimbursement by
the owner or owners and/or commercial tenant or tenants thereof to
the Town of the charges thereby incurred.
I.
Residential property snow removal.
[Added 11-4-2013 STM, approved 1-30-2014; amended 5-2-2016, approved 7-21-2016]
(1)
Purpose. Since pedestrians are safer when walking
on sidewalks than when walking in the streets used by vehicular traffic,
the purpose of this subsection is to encourage owners of residential
property to remove the snow, slush, and ice from abutting sidewalks
so that sidewalks throughout the Town are safe for use during the
winter season, and so that the Town's local services and amenities
are reasonably accessible by pedestrians via sidewalks, especially
by elderly persons, persons using wheelchairs, persons using carriages
to transport children, and students walking to school.
(2)
OBLIGATED PERSON
SIDEWALK
Definitions. For the purposes of this subsection,
the following terms shall have the following definitions:
The person responsible for compliance with this subsection pursuant to Subsection I(4).
A paved walkway (whether paved with brick, stone, cement,
concrete, asphalt, or other impervious material) that is located within
the right-of-way of a street that abuts residential property.
(3)
Obligations. Snow, slush, and ice shall be removed from the sidewalk, in accordance with the deadlines set forth in Subsection I(5), to a width of at least 36 inches or, if the sidewalk is narrower, for the full width of the sidewalk.
(4)
Obligated persons. The owner of record of a residential
property abutting a right-of-way in which a sidewalk is located shall
be obligated to comply with this subsection within that portion of
the right-of-way to which the residential property abuts, unless the
owner of record can demonstrate that this obligation has been duly
delegated to a responsible person, identified by name and address,
by a written agreement signed by the person so delegated or by an
express reference to the obligation in a written lease.
(5)
Deadlines for removal and treatment.
(a)
After the cessation of a weather event that
has resulted in snow, slush, or ice on a sidewalk, the snow, slush,
or ice shall be removed no later than 8:00 p.m. the following day,
and the sidewalk shall be treated with melting compounds, sand, or
other grit, as reasonably necessary to inhibit slipping. Regardless
of this deadline, obligated persons are encouraged to remove snow,
slush, and ice promptly from the full width of the sidewalk in order
to minimize the ice formed on the sidewalk when snow or ice melts
and refreezes, so that neighbors and others can use the sidewalks
as soon as possible.
(b)
Treatment of ice that forms on sidewalks shall
be accomplished no later than 8:00 p.m. on the day after the ice has
formed, but obligated persons are encouraged to treat the ice promptly
so that neighbors and others can use the sidewalks as soon as possible.
(c)
The deadlines set forth in this subsection shall
be extended for obligated persons who are temporarily absent from
the residential property for vacations, holidays, hospitalization,
and unexpected absences; provided, however, that such obligated persons
shall be required to complete their removal and treatment obligations
by 8:00 p.m. on the day following the end of their temporary absence.
(6)
Rules and regulations. The Select Board shall adopt
rules and regulations further implementing this subsection, including,
without limitation, provisions and hearing procedures for exemptions
from the requirements of this subsection for obligated persons who
are physically unable to perform the obligations themselves and have
a bona fide financial hardship; provided, however, that exemptions
granted to such obligated persons shall be void if the obligated person
causes portions of the residential property to be cleared of snow,
slush, or ice for vehicular access from the street.
(7)
Fines. Fines for violations of this subsection shall
be on the following schedule: first offense: written warning; second
offense: $50: third and successive offenses: $100 each, to a maximum
of $350 per winter season (October 1 to April 30). In situations where
there is more than one obligated person, such fines may be assessed
jointly or individually. No more than one fine may be assessed with
respect to any single weather event requiring removal or treatment
of snow, slush or ice.
(8)
Enforcement.
(a)
A person who is an enforcing person as defined in Subsection J shall take appropriate action with respect to observed or reported violations of this subsection.
(b)
An enforcing person taking cognizance of such
a violation shall promptly send the alleged offender a noncriminal
written citation thereof by hand delivery or mail, postage prepaid,
addressed to the owner of record.
(c)
An owner of record who receives a citation pursuant
to this subsection shall have 20 days thereafter to pay the applicable
fine or to provide to the enforcing person a photocopy of the written
agreement or lease used to delegate the obligation to comply with
this subsection, in which case the owner of record shall not be responsible
for paying any applicable fine, and the enforcing person may dismiss
or modify the citation or reissue the citation to the obligated person
as is deemed appropriate.
(9)
Not evidence. Except as required by applicable law,
violations of this subsection shall not be admissible as evidence
of negligence in any civil proceeding brought by an injured third
party against an obligated person, tenant, or owner of record.
J.
In addition to the provisions for enforcement described above, the provisions of Subsections A, B, D(2), E(2), G, H and I of this section and any regulations promulgated thereunder may also be enforced by noncriminal disposition as provided in MGL c. 40, § 21D ("§ 21D"). The penalty for such violation shall be $300 for each offense. Each day or part thereof shall constitute a separate offense.
[Amended 11-8-2010 ATM, approved 2-10-2011; 11-4-2013 STM]
(1)
"Enforcing person" as used in this subsection shall mean any police
officer of the Town, the Director of Public Works and any other Town
employee designated by the Select Board as an enforcing person.
(2)
An enforcing person taking cognizance of a violation of Subsection A, B, D(2), E(2), G, H or I or any rule or regulation adopted hereunder shall give the offender a written notice to appear before the Clerk of the District Court having jurisdiction thereof for the noncriminal disposition thereof in accordance with the provisions of § 21D. The provisions of § 21D are incorporated herein by this reference.
A.
The word "vehicle" as used in this section shall include every device
used for motorized transportation or other mechanical means of transportation
or travel on land, as allowed or permitted by the laws of the commonwealth.
No person shall operate or cause to be operated any mechanical or
motorized device on a public way or street which is not a vehicle
within the meaning of this subsection.
[Amended 5-29-2013 STM, approved 10-8-2013]
B.
No person shall allow any vehicle within his control to be parked
or left unattended within the limits of the traveled part of a public
or private way furnishing means of access for fire apparatus to any
building except as permitted by the following rules and regulations:
(1)
Vehicles will be parked on the right-hand side of the traveled part
of the roadway in the direction in which the vehicle is headed with
wheels on the right side of the vehicle within 12 inches of the curb
or edge of the roadway;
(2)
Double parking is prohibited;
(3)
Parking within 10 feet of a hydrant or 20 feet of an intersection
with another way is prohibited;
(4)
No vehicle will be parked so that it obstructs any driveway;
(5)
No vehicle will be parked so that it fails to leave a clear and unobstructed
lane at least 10 feet wide on the remaining traveled portion of the
roadway for passing vehicles;
(6)
No vehicle will be parked so that it interferes with the removal
or plowing of snow or the removal of ice; and
(7)
Parking for over one hour between the hours of 1:00 a.m. and 7:00
a.m. is prohibited.
C.
No person shall allow any motor vehicle within his control to be
parked or left unattended between the hours of 8:00 a.m. and 6:00
p.m. on any day exclusive of Saturdays, Sundays and holidays in the
Town Hall – Town Hall Annex Parking Area between Concord Avenue
and Moore Street except the following:
D.
No person shall permit a motor vehicle which is unregistered, disabled,
dismantled or inoperative to remain ungaraged on his or her premises
for more than 30 days unless such person is duly licensed under MGL
c. 140, § 59, for the sale of motor vehicles, or unless
the Select Board has granted a permit therefor. A permit granted hereunder
shall be on such terms and conditions as the Select Board determine,
provided that the Select Board shall hold a public hearing before
granting a permit hereunder which allows a motor vehicle to remain
ungaraged for more than 90 days or allows more than one motor vehicle
to remain ungaraged on the same premises. Notice of a public hearing
under this subsection shall be given in the manner provided in the
first two paragraphs of MGL c. 40A, § 11.
[Added 4-24-1989 ATM, approved 7-24-1989]
E.
Handicapped parking.
[Added 4-24-1995 ATM, approved 7-8-1995]
(1)
Any person or body that has lawful control of a public or private
way or of improved or enclosed property used as off-street parking
areas for business, shopping malls, theaters, auditoriums, sporting
or recreational facilities, cultural centers, residential dwellings,
or for any other place where the public has a right of access as invitees
or licensees shall reserve parking spaces in said off-street parking
areas for any vehicle owned and operated by a disabled veteran or
handicapped person whose vehicle bears the distinguishing license
plate authorized by MGL c. 90, § 2, or for any vehicle transporting
a handicapped person and displaying the special identification plate
authorized by said § 2 or for any vehicle bearing the official
identification of a handicapped person issued by any other state or
any Canadian province, according to the following formula:
[Amended 5-29-2013 STM, approved 10-8-2013]
|
If the number of parking spaces in any such area is more than
15 but not more than 25, 1 parking space; more than 25 but not more
than 40, 5% of such spaces but not fewer than 2; more than 40 but
not more than 100, 4% of such spaces but not fewer than 3; more than
100 but not more than 200, 3% of such spaces but not fewer than 4;
more than 200 but not more than 500, 2% of such spaces but not fewer
than 6.
|
(2)
Parking spaces designated as reserved under the provisions of Subsection E(1) shall be identified by the use of above-grade signs with white lettering against a blue background and shall bear the words "Handicapped Parking: Special Plate Required. Unauthorized Vehicles May be Removed at Owner's Expense"; shall be as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person; and shall be at least eight feet wide, not including the cross hatch access aisle as defined by the Architectural Access Board established in MGL c. 22, § 13A. The cross hatch access aisle abutting a handicapped parking space shall be considered part of the handicapped parking space to which it abuts to provide individuals who use wheelchairs or other mobility aids with sufficient space to enter and exit their vehicles. No person shall park in the cross hatched access aisle.
[Amended 5-29-2013 STM, approved 10-8-2013]
(3)
No unauthorized vehicle may be left within parking spaces designated
for use by disabled veterans or handicapped persons or in such a manner
as to obstruct a curb ramp designated for use by handicapped persons
as a means of egress to a street or public way.
F.
Snow emergency parking ban.
[Added 4-24-1995 ATM, approved 7-8-1995]
(1)
No person shall allow any vehicle to remain in or within a street
or way when a snow emergency parking ban has been declared by the
Chair of the Select Board or, in the absence of the Chair, by a member
of the Select Board.
(2)
A snow emergency parking ban may be declared by the Chair of the
Select Board or, in the absence of the Chair, by a member of the Select
Board whenever there are indications that the threat of substantial
snow is imminent, whenever there has been a substantial snow and snow
removal operations are underway or are about to commence, or whenever
a substantial snow creates conditions that require a vehicular driving
or parking ban throughout the Town. Upon the declaration of a snow
emergency parking ban, notice thereof shall be given to the Town Clerk's
office, the Police Department, the Fire Department and the Highway
Department. Reasonable action shall also be taken to notify and warn
the Inhabitants of the Town of the ban.
G.
In addition to the provisions for enforcement described above, the provisions of this section may also be enforced by noncriminal disposition as provided in MGL c. 40, § 21D ("§ 21D"). The penalty for such violation shall be $50 for each offense, except that the penalty for a violation of Subsection E(3) shall be $100 for each offense. Each day or part thereof shall constitute a separate offense.
[Added 4-24-1995 ATM, approved 7-8-1995; amended 5-29-2013 STM, approved 10-8-2013]
(1)
"Enforcing person" as used in this subsection shall mean any police
officer of the Town and any other Town employee designated by the
Select Board as an enforcing person.
(2)
An enforcing person taking cognizance of a violation of this section
or any rule or regulation adopted hereunder shall give the offender
a written notice to appear before the Clerk of the District Court
having jurisdiction thereof for the noncriminal disposition thereof
in accordance with the provisions of § 21D. The provisions
of § 21D are incorporated herein by this reference.
[Added 4-23-2001 ATM, approved 8-24-2001]
A.
It has been determined that the proliferation of newsracks in Belmont
has impeded access to and otherwise obstructed sidewalks, crosswalks,
handicapped ramps, bus stops, loading zones, utility poles, fire lanes,
fire hydrants, mailboxes and other areas utilized by the general public.
The purpose of this bylaw is to regulate but not to prohibit the use
of such newsracks within the Town of Belmont.
B.
ADMINISTRATOR
CROSSWALK CURB RETURN
NEWSRACK
PERSON
PRINTED MATTER
PUBLIC WAY
ROADWAY
SIDEWALK
For the purpose of this bylaw, the following definitions shall apply:
The person in the Town who shall have the power and the duties
granted under this bylaw. The Director of Community Development or
his/her designee shall be the administrator under the direction and
control of the Select Board which is authorized to adopt regulations
for the administration of this bylaw.
The point at which the crosswalk pavement markings meet the
sidewalk.
Any container, box, bin, vending machine, display, stand,
rack or other device used for the purpose of dispensing printed matter
with or without cost to the consumer.
Any individual, corporation, society, association, partnership,
organization or other entity circulating printed matter.
Any newspaper, directory, handbill, advertising matter, magazine,
circular, flyer, book, pamphlet, catalogue or other publication.
The entire width between property lines of every street or
highway that is open to the public for purposes of travel.
That portion of a public way that is intended for the use
of motor vehicles or bicycles.
That portion of a public way that is set aside for pedestrian
travel.
C.
Permit.
(1)
Any person who places a newsrack or causes a newsrack to be placed
upon any sidewalk or public way in the Town or upon any other Town-owned
property prior to August 24, 2001, and who wishes to maintain said
newsrack on and after said date shall, within 60 days after said date,
apply for a permit from the administrator in accordance with the provisions
of this bylaw.
[Amended 5-29-2013 STM, approved 10-8-2013]
(2)
On or after August 24, 2001, no person shall place a newsrack or
cause a newsrack to be placed upon a sidewalk or public way in the
Town or upon any other Town-owned property without first obtaining
a permit from the administrator in accordance with the provisions
of this bylaw.
[Amended 5-29-2013 STM, approved 10-8-2013]
(3)
The administrator shall provide a permit application form which shall
be completed by every person who places or maintains a newsrack upon
a sidewalk or public way in the Town or upon any other Town-owned
property. The form shall require the applicant to provide the following
information:
(a)
A description sufficient to show the precise address and location
of each newsrack and whether or not it is attached to Town-owned property;
(b)
The name, address and telephone number of the owner of each
newsrack and the name, address and telephone number of a person responsible
for the maintenance and operation of the newsrack who may be contacted;
and
(c)
A certification that the specified location and the newsrack
comply with the provisions of this bylaw.
(4)
Each applicant for a permit or renewal of a permit shall prepare
a single application form upon which all newsracks owned by that person
and located upon a public way, sidewalk or other Town-owned property
in the Town shall be listed.
(5)
Permits shall be valid for a period of one year from the date of
issue and, upon application, may be renewed by the administrator on
an annual basis. Proof of permit shall be attached to the newsrack
so it can be seen.
(6)
Each person granted a permit or renewal thereof under this bylaw
shall thereafter give notice to the administrator of any change in
the location of a newsrack or the installation of a newsrack in a
location not previously listed on a permit by the submission of a
quarterly amendment application to the administrator. Upon receipt
by the administrator, the amendment application shall constitute an
amendment to the permit, subject, however, to all other applicable
provisions of this bylaw. The administrator shall specify on the permit
the dates for receipt of such quarterly amendment applications, provided
that they occur at intervals of not less than 90 days commencing on
the date the permit was issued.
(7)
The Select Board is authorized to establish reasonable fees for original
permit applications, annual renewal applications and amendment applications,
provided that such fees do not exceed the actual cost of administering
this bylaw. Newsracks owned by the Town of Belmont shall be exempt
from fees.
[Amended 4-28-2003 ATM, approved 10-16-2003]
(8)
Within 14 days after receipt of an application for a permit or renewal
of a permit under this bylaw, the administrator shall either issue
or renew the permit or deny the application by giving written notice
and a statement of reasons to the applicant. A denial shall be based
upon the failure of the applicant to satisfy requirements set forth
in this bylaw.
(9)
If the administrator has not acted on a permit application within 14 days of receipt thereof, pursuant to Subsection C(8), the permit will be deemed issued or renewed, subject, however, to all other applicable provisions of this bylaw.
(10)
If the administrator denies an application, in whole or in part,
the applicant may appeal the administrator's decision to the Select
Board by giving written notice to the Board within 10 days after receipt
of notice of the administrator's decision.
(11)
The Select Board shall hold a public hearing on the appeal no
later than 30 days after receipt of said notice by the Board and shall,
within 14 days after a public hearing, issue an order affirming, reversing
or modifying the administrator's decision. If an order has not been
issued by the Board within 14 days after the hearing, the administrator's
decision shall be deemed affirmed.
D.
Location.
(1)
No person shall place, cause to be placed or maintain a newsrack
on a sidewalk or public way in the Town or upon any other Town-owned
property:
(a)
Within five feet of a handicapped access ramp;
(b)
Within or overhanging the roadway;
(c)
Within six inches of a curb;
(d)
Within five feet of the curb return of any marked crosswalk;
(e)
Within 10 feet of any fire hydrant or fire hose connection;
(f)
Within three feet of any manhole, service gate, valve cover,
sewer grate or other access panel or cover located in a public way
or sidewalk;
(g)
Within six feet of a driveway;
(h)
Immediately adjacent to a designated loading zone, a handicapped
parking space or a zone reserved for emergency vehicles;
(i)
So as to reduce the width of a sidewalk to less than four feet
for the passage of travelers unless the width of the sidewalk is otherwise
reduced to less than four feet, as determined by the administrator,
in which case the newsrack may be installed so as to avoid further
reducing the width of the sidewalk;
(j)
So as to impede egress from legally parked motor vehicles;
(k)
So as to impede the operation of standard sidewalk snowplows
in use by the Town of Belmont except where said sidewalk snowplows
would be otherwise impeded, as determined by the administrator;
(l)
Within four feet of the door of any building measured in a line
perpendicular from the horizontal line made by the door when closed;
(m)
So as to create an imminent danger of harm to persons or property
as demonstrated by specific facts;
(n)
Directly abutting a public flowerbed, memorial or sculpture;
(o)
If it is attached to a Town-owned tree, traffic control signal
device, or police or fire call box;
(p)
Directly in front of and on the same side of the street as any
parcel zoned solely for residential use as defined in the Town of
Belmont Zoning Bylaw. This restriction shall not apply to parcels
zoned for a mixed residential and business use;
(q)
Within a public transportation shelter; and
(r)
In a manner that violates any provision of state or federal
law.
(2)
Newsracks may be secured to one another, provided that they are no
more than six inches apart and provided that the newsracks are aligned
in a row that is parallel to the nearest curbline. Individual newsracks
shall be installed parallel to the nearest curbline. Newsracks may
be clustered back to back to form two rows, provided that the rows
are parallel to the nearest curbline and further provided that the
newsracks otherwise comply with the provisions of this bylaw.
(3)
Newsracks may only be attached or secured to Town-owned property
with the express permission of the administrator, and then only if
the newsrack is otherwise in compliance with the provision of this
bylaw.
(4)
Newsracks shall not exceed the following dimensional requirements:
height, 4 1/2 feet from the ground; width, two feet; length,
two feet. Newsracks shall be erected and maintained so that they do
not constitute a hazard or safety problem for travelers and others
using the sidewalks and public ways. They shall be maintained in good
repair and clean and safe condition and shall be removed if their
use is discontinued.
(5)
No newsrack shall bear any advertising other than that directly relating
to the printed matter dispensed by the newsrack. A newsrack may dispense
more than one publication (printed matter) if it is published by the
owner of the newsrack or an affiliate thereof, and the newsrack may
bear advertising directly related to each publication dispensed by
the newsrack.
E.
Enforcement.
(1)
No person shall place, cause to be placed or maintain a newsrack
upon any sidewalk or public way in the Town or upon any other Town-owned
property in violation of the provisions of this bylaw. In the event
that a newsrack is determined to be in violation of any of the provisions
of this bylaw, the administrator shall provide written and/or telephone
notice to the owner or the owner's agent that the newsrack is in violation
of this bylaw.
(a)
Such notice shall state the substance of the violation and shall
set a date for compliance which shall not be less than 10 business
days after the date notice is given;
(b)
If the administrator determines that the violation has not been corrected by the date for compliance, the administrator may initiate removal proceedings in accordance with the provisions of Subsection E(2) and may assess a fine in accordance with provisions of Subsection F; and
[Amended 5-29-2013 STM, approved 10-8-2013]
(c)
Notice in writing will be deemed to have been given if actually
received by the owner or owner's agent or if mailed to the owner or
owner's agent at the address indicated on the latest permit application
form or latest amendment application form on file with the administrator,
provided that, if notice is given by mail, the effective date of notice
will be two business days after the date of mailing. If, notwithstanding
this bylaw, no permit application shall have been filed with the administrator,
then notice may be given by attaching the notice to the newsrack determined
to be in violation of this bylaw in such manner as the administrator
determines.
(2)
Except as provided in Subsection E(4) and (5), the administrator may remove and store at the owner's expense any newsrack that remains in violation for more than 30 days after the date for compliance specified in Subsection E(1), provided that the administrator shall give written notice of removal to the owner stating the date the newsrack was removed, the reasons for removal, the storage location, and the procedure for claiming the machine.
(3)
Except as provided in Subsection E(4) and (5), the owner of any newsrack may avoid removal of the newsrack by:
(a)
Correcting the violation and so informing the administrator;
or
(b)
Making a written request for a hearing on the violation before
the administrator prior to the date set for compliance, in which case
the newsrack may remain in place pending the administrator's decision
on the matter. Said hearing shall be held no later than 10 days after
receipt of a written request for a hearing and a decision shall be
rendered within 10 days thereafter.
(4)
Notwithstanding any other provisions of this bylaw, if the administrator
or a public safety official determines that a newsrack constitutes
an imminent danger of harm to persons or property, the administrator
or a public safety official may remove the newsrack, provided that
the owner of the newsrack shall be notified of such removal and provided
that the newsrack shall be stored for a reasonable period of time
so that the owner can retrieve it.
(5)
If maintenance, repair, or construction of a public way, sidewalk
or public or private property in or adjacent to the public way cannot
be accomplished without the removal of a newsrack, the administrator
shall give written and/or telephone notice to the newsrack's owner
ordering removal of the newsrack, provided that said notice shall
specify the reason for the removal and the date for compliance, which
shall not be less than 10 days after the date of notice. If the administrator
determines that delay would cause an unreasonable risk of harm to
persons or property or would cause a delay in the maintenance, repair
or construction work, the administrator may remove the newsrack, provided
that the owner of the newsrack shall be notified of the removal, that
the newsrack shall be stored for a reasonable period of time so that
the owner can retrieve it, and further provided that the owner may
replace the newsrack when said maintenance, repair or construction
is completed.
(6)
The administrator, with the approval of the Select Board, is authorized
to establish fees for the removal and storage of newsracks that are
removed at the direction of the administrator or public safety officials
in accordance with provisions of this bylaw, provided that said fees
do not exceed the actual cost of removal and storage.
(7)
If a newsrack remains unclaimed for more than 60 days after notice
of removal is sent to the owner or for more than 60 days after the
newsrack is removed if the owner is unknown, then possession of the
newsrack shall be transferred to the Police Department and the newsrack
shall be disposed of as unclaimed property in accordance with applicable
law.
F.
Violations and penalties.
(1)
In the event that a newsrack is not in compliance with any of the provisions of this bylaw as of the date set for compliance under Subsection E(1) of this bylaw, then the owner of such newsrack shall be subject to a fine of $25 per day for each day of noncompliance until the date the violations are corrected or the newsrack is removed.
(2)
The noncriminal disposition of violations of this section or any
rule or regulation of the Select Board adopted hereunder is hereby
authorized in accordance with the provisions of MGL c. 40, § 21D
("§ 21D").
[Amended 5-29-2013 STM, approved 10-8-2013]
(3)
"Enforcing person" as used in this section shall mean any police
officer of the Town, the administrator and any representative or designee
of the administrator and any other Town employee designated by the
Select Board as an enforcing person.
[Amended 5-29-2013 STM, approved 10-8-2013]
(4)
An enforcing person taking cognizance of a violation of this section
or any rule or regulation of the Select Board adopted hereunder shall
give the offender a written notice to appear before the Clerk of the
District Court having jurisdiction thereof for the noncriminal disposition
thereof in accordance with § 21D. The provisions of § 21D
are incorporated herein by reference.
[Amended 5-29-2013 STM, approved 10-8-2013]
G.
The provisions of this bylaw are severable. If any provision of this
bylaw is held to be invalid, such invalidity shall not affect the
other provisions of this bylaw which shall remain valid.
