[HISTORY: Adopted by the Town Meeting of the Town of Wellfleet
as Art. VII, Secs. 1 through 17, 21, 28 and 37, of the General Bylaws.
Amendments noted where applicable.]
The words "street" and "streets" where used in these bylaws
shall be construed as including all public ways, roads, alleys, lanes,
and sidewalks, also those parts of all public squares, and public
places which form traveled parts of the highways.
No person shall break or dig up the ground in any street or
erect any staging for building, or place or deposit any stone, brick,
timber or other building material thereon without first obtaining
the written permission of the Selectboard.
A. The Selectboard may grant a permit in writing to any person for the
purpose of building or other lawful purpose to dig up, obstruct or
encumber so much and such parts of any street as they deem to be safe
and proper.
B. The person licensed under the preceding section shall comply with
all regulations in such permit and shall at all times maintain suitable
barriers around any excavation or obstruction made by him in the street
and shall so light the same by lanterns or other means from twilight
through the whole night to daylight, as to render the street safe
and convenient for travelers.
No person shall throw or sweep into or place or drop and permit
to remain in any street or public way, any hoops, boards or other
wood or material with nails projecting therefrom, or nails, shavings,
hair, manure, rubbish, offal or filth of any kind or nature, or any
noxious or refuse liquid or solid substance.
No person shall coast, roller skate, scooter, play ball, skateboard
or engage in any other athletic game on Holbrook Avenue, Commercial
Street and East Main Street or streets or public parking lots of the
Central District or upon Route 6 except in accordance with orders
and permits given by the Selectboard.
No person shall throw stones, snowballs or other missiles or
shoot with or use a bow and arrow, or sling in any street or public
way.
No person shall post or affix in any manner, paint or write
or cause to be painted, printed or written, a notice, advertisement
or bill upon a post, fence, wall or building or property in the Town,
unless he has previously obtained the consent so to do from the person
or persons having possession of such fence, pole, post, wall or building
or property. With respect to Town property, permission must be obtained
from the Selectboard.
No person shall make any indecent figures or write, print, paint
or cut any obscene word or words upon or break, deface or injure in
any manner any fence, post, sign or building or extinguish or remove
without authority any streetlight so placed as to denote an obstruction
in any place or way.
No person shall accost or address another person in any street
or public place with any obscene or profane language.
No person shall willfully or negligently obstruct the free passage
of travelers in any street or upon any public sidewalk, nor shall
any person so obstructing said street or sidewalk remain steadfast
in any or upon any sidewalk after being directed by a police officer
to move on.
No person shall behave in an indecent or disorderly manner,
nor use profane, indecent language, in any public place, building
or any street or sidewalk of the Town.
Three or more persons shall not continue to stand or remain
in a group or near to each other on any street, sidewalk or in any
public place in such a manner as to obstruct free passage of other
pedestrians after having been requested by the Police or Constable,
employed by the Town, to move on.
No person shall by loud hallooing, hooting or the making of
loud and unseemly noises in the streets or public places willfully
annoy or disturb another person.
No person shall fire or discharge any kind of firearms, air
or spring pistol or rifle, or set fire to any powder or combustible
or throw any form of combustible or explosive article in any street
or public place except in the discharge of some legal duty, without
the permission of the Selectboard.
No person shall make any bonfire or any other open fire except
under a permit obtained from the Fire Warden.
No person, except an officer of the law in performance of his
duties, shall enter upon or remain upon the premises of another with
the intention of peeking, spying, or looking into the window, door
or other aperture of a house or structure in any manner or upon any
person or persons therein.
To allow for the ready passage of emergency and other vehicles,
the Highway Surveyor may, as he deems necessary in consultation with
the Selectboard and the Police and Fire Department Chiefs, smooth
out irregularities on private primary residential access roads in
Wellfleet on the following conditions in accordance with MGL c. 40,
§ 6N:
A. That those roads have been open for public use for six years;
B. That 50% of the abutters sign an agreement with the Town that:
(1) The task of major maintenance, repair, drainage, and surfacing remains
the obligation of the abutters regardless of the action of the Town
under the authority of this article;
(2) Instead of any betterment charges being assessed, the road, while
remaining private, be open for public use for the purposes for which
public roads are commonly used, and that signs reading "Private Road
Public May Use at Own Risk" be posted;
(3) The Town would be indemnified and held harmless, as at present, in
connection with any personal and property injury resulting from any
Town work on or any defects in such road, such agreement to be recorded
in the Barnstable Registry of Deeds, and the Highway Surveyor to maintain
a record of labor costs, equipment use and materials to be reviewed
by the Selectboard and Finance Committee each January.
A. Any person who violates the following sections of this chapter shall
be fined the following amounts:
Section
|
First Offense
|
Each Subsequent
|
---|
|
$100
|
$200
|
|
$100
|
$200
|
|
$100
|
$200
|
|
$5
|
$10
|
|
$5
|
$10
|
|
$5
|
$10
|
|
$200
|
$200
|
|
$200
|
$200
|
|
$200
|
$200
|
|
$200
|
$200
|
|
$200
|
$200
|
|
$50
|
$200
|
|
$200
|
$200
|
|
$200
|
$200
|
|
$200
|
$200
|
B. The Town of Wellfleet Police Department, including special officers,
and any other official whom the Selectboard may from time to time
designate shall have the authority to enforce said sections.