[Adopted as Art. 10, §§ 7, 8A, 9, 11, 14,
15, 16, 17, 18, of the Town Bylaws]
No person shall leave any vehicle or material, or place any
obstruction on any sidewalk, street, or public place, and suffer the
same to remain there overnight, without maintaining sufficient light
and suitable guards, over or near the same throughout the night, nor
allow the same to remain after a notice from a police officer, constable,
or the Select Board members to remove the same.
A. No person shall place or maintain on any public sidewalk, public
place, or public way any tables, chairs, benches, counters, or similar
items unless the Select Board members first grant a permit to do so.
B. The Select Board members may issue a permit to place and maintain
tables, chairs, benches, counters or similar items on a public sidewalk,
public way or public place if the placement of these items (1) does
not materially impair the traffic flow or other public use of the
space; (2) does not pose a hazard to the public; and (3) does not
materially impair the character of the public space or the immediate
neighborhood. In issuing such a permit, the Select Board members may
set conditions on the placement of these items so as to preserve the
public character of the space or the character of the neighborhood,
prevent the destruction of the space, or protect the safety of the
public. Such conditions may include, but are not limited to, restrictions
on the number and type of items maintained on the public space, the
nature of the items so placed, or the area where the items are placed.
C. Residents may hold yard sales, tag sales, garage sales or similar
private sales or used articles at their residences without obtaining
a permit under this section.
D. The noncriminal penalties provided in Chapter
1, Article
I, shall apply to this section.
No person shall skate or coast upon any sidewalk or street or
public place, except at such times and upon such streets or places
as the Select Board members may, by public notice, designate for such
purpose.
No person, firm, organization or corporation shall disturb,
dig up, or excavate the ground or pavement in or under a public way,
street, sidewalk, curb or treebelt within the Town unless a permit
for such work has been issued by the Superintendent of Public Works
in accordance with Street Opening Rules and Regulations adopted by
the Select Board members. In adopting the Street Opening Rules and
Regulations, the Select Board members shall consider, but shall not
be limited to, provisions for bonding and insurance requirements,
fees to be paid the Town, conditions under which work may be accomplished,
pavement restoration, utility notification procedures, and emergency
situations.
No owner or occupant of property shall permit any gate leading
to premises, abutting on any public way in the Town, to swing outwardly
upon any public way.
No person shall throw or deposit, in any manner, upon any public
way, place, or square in the Town, any article, substance or material
which may prove injurious in any respect to the hoofs of animals,
the tires of bicycles, or the rubber tires of automobiles and other
vehicles, or be a source of danger or annoyance to anyone lawfully
passing over or using the same.
No person shall distribute or deposit advertising circulars,
papers, or other matter on the streets of the Town, or shall team,
cart, truck, or trailer manure, hay, rubbish, ashes, liquid, or other
material in such a manner as to litter, pollute, or injure the streets
of the Town, nor shall any person throw or deposit in any street or
any sidewalk ashes, dirt, rubbish or other refuse of any kind, except
in a manner provided by the Board of Health.
No person shall cart or convey garbage or filth of any kind,
nor any noxious or refuse liquid or solid matter of substance in any
public street or place, except in such manner and at such times as
the Board of Health by regulation or permit shall prescribe.
No person shall make any indecent figures, or write any indecent
or obscene words upon any fence, building, or structure in any public
place, or commit a nuisance upon any sidewalk or against any tree,
building, or any of the furniture therein.
[Added 5-6-2019 ATM by
Art. 21]
A. No person shall pump, drain or discharge water or cause to be pumped,
drained or discharged upon any public way or other public place in
the Town without receiving prior written approval from the Superintendent
of Public Works. Such approval may, without limitation, restrict the
time and manner of said discharge. Under no circumstances shall said
discharge cause a public inconvenience or interfere with the safety
of the public. Discharges to public roadways are considered a public
safety issue for the purposes of this bylaw.
B. It shall be the property owner's responsibility to immediately correct
any discharge to a public way or public place in the Town that causes
a public inconvenience or interferes with the safety of the public,
with the exception of natural groundwater flow. In the case where
a property owner fails to address an issue identified by the Town,
the Superintendent of Public Works, and/or the Town Engineer shall
establish a plan to resolve the situation in the best interest of
both parties. If the property owner fails or refuses to comply with
the recommendations of the Superintendent of Public Works and/or the
Town Engineer, the Town may, at its option, after providing prior
written notice and a cost estimate to the property owner and the opportunity
to meet with the Superintendent of Public Works and/or the Town Engineer
to resolve the matter, undertake such remediation work. The work shall
include, but is not limited to, costs of hiring outside services,
administrative costs, material costs, labor costs, and all expenses
thereof shall be charged to the property owner. The property owner
will be notified in writing by certified mail of the final cost estimate
by the Town, if the Town is to perform the work. If the property owner
opposes the cost estimate, the property owner may file a written protest
objecting to the amount or basis of such costs with the Superintendent
of Public Works within 30 days of the date of the mailing of such
notice to the property owner. The decision or orders of the Superintendent
of Public Works shall be final. Further relief shall be to a court
of competent jurisdiction.
C. If the Town completes the work and the amount due is not received
within 30 days of the notice of billing, the costs shall become a
special assessment against the property owner's property and shall
constitute a lien for the purposes of MGL c. 40, § 58, on
the property owner's property for the amount of such costs until such
costs, including interest, are paid in full.
[Amended 10-12-2020 ATM
by Art. 22]