Town of Watertown, MA
Middlesex County
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Table of Contents
Table of Contents
[1982 Code, Ch. VII, § 1]
No person shall move or assist in moving any building, over any way which the town is obliged to keep in repair, without the written permit of the Town Manager being first obtained; nor, having obtained such permit, without complying with the restrictions and provisions thereof.
[1982 Code, Ch. VII, § 2]
(A) 
No person shall place or cause to be placed upon any public way or sidewalk, any lumber, iron, wood, coal, trunk, bale, box, crate, cask, barrel, package or other thing, and allow the same to remain for more than one hour, or more than 10 minutes after being notified by a police officer; provided that the provisions of this section shall not apply to the placing of ashes refuse or garbage in proper receptacles for collection under public authority and provided further that all store waste shall at all times be kept in suitable covered, metal containers on the store premises and the same shall not be placed on the street or sidewalk for collection until the day specified in each week by the Manager or the Superintendent of Highways for the regular collection of the same in the locality where the store is situated.
(B) 
No person shall transport or cause to be transported into the town for the purpose of dumping or depositing the same in any place in the town any ashes, paper, dirt, waste, garbage, refuse, rubbish or filth of any kind or any animal or vegetable substance or any abandoned or discarded material of any name or nature without the written permission of the Manager. Such permission shall not be granted by the Manager until satisfied that such waste or material shall be carried in such a manner and in such vehicles and shall be deposited in such a place and in such a manner that the same shall not be likely to become littered or scattered about the streets or in any private property to cause a nuisance and such permission may be revoked at any time by the power granting the same.
[1982 Code, Ch. VII, § 3]
Any person who intends to erect, repair, take down or do any work on or in connection with any building or structure on land abutting on any way which this town is obliged to keep in repair, and desires to make use of any portion of said way for the purpose of placing thereon building materials, equipment or rubbish shall give notice thereof to the Town Manager. And thereupon the Town Manager may grant a permit in writing to occupy such portion of said way to be used for such purpose as in his judgment the necessity of the case demands and the security of the public allows; such permit in no case to be in force longer than 90 days, and to be on such conditions as the Manager may require; and especially in every case, upon condition that during the whole of every night, from twilight in the evening until sunrise in the morning, lighted lanterns shall be placed as effectually to secure all travelers from liability to come in contact with such building materials or rubbish.
[1982 Code, Ch. VII, § 4]
No person shall use any portion of any way which the town is obliged to keep in repair for the purposes named in this chapter without the permit, in writing, of the Town Manager as therein provided, nor having obtained such permit, shall fail to comply with the conditions thereof. In addition to any penalty to which he or she may be subjected under this chapter for such failures, he or she shall reimburse the town for all expenses and damages which the town may be compelled to pay by reason of such unauthorized use, or for any failure to comply with said conditions.
[1982 Code, Ch. VII, § 6]
No person shall, without the written permission of the Town Manager, place or cause to be placed in or upon any public way, or sidewalk, any ashes, dirt, rubbish or filth of any kind, or any animal or vegetable substance.
[1982 Code, Ch. VII, § 7; amended Ord. 135, passed 6-22-1993; amended Ord. 25, passed 5-12-1998]
(A) 
No public utility regulated pursuant to Mass. Gen. Laws Ch. 164 shall open the surface, dig up or otherwise obstruct any portion of any street, sidewalk or way which the town is obligated to keep in repair without first obtaining a written permit for such activity from the Superintendent of Public Works, who shall require a nonrefundable permit fee of $25 to cover the town's administrative cost of the issuance of such permit.
(B) 
Except as provided in division (C) of this section, no person shall open the surface, dig up or otherwise obstruct any portion of any street, sidewalk or way which the town is obligated to keep in repair without first obtaining a written permit for such activity from the Superintendent of Public Works, who shall require a nonrefundable permit fee of not less than $100.
(C) 
Notwithstanding division (B) of this section, any permit issued for the construction, reconstruction or repair of a driveway shall be issued only to the contractor performing the work, and shall require a nonrefundable permit fee of $25.
(D) 
A person obtaining a permit under divisions (B) or (C) of this section, prior to the issuance of the permit, shall post a bond of not less than $10,000 as prescribed by the Superintendent of Public Works, to be held by the Town Treasurer for a duration of not less than two years past the estimated completion date for any project for which such permit is granted.
(E) 
The Superintendent of Public Works shall establish, enforce and perpetually maintain engineering specifications, permit forms and procedures, fees, performance standards, inspection and remedial regulations and penalties which shall detail the exact requirements for the application, performance and acceptance of public way openings and repairs.
(F) 
Any person failing to comply with these conditions, in addition to any penalty prescribed by the Superintendent of Public Works as provided above, shall reimburse the town for all expenses and damages which the town may be compelled to pay by reason of such violation of this section. The Superintendent of Public Works shall not, under penalty of personal liability, waive any permit, fee or bond for any person notwithstanding work performed under the Superintendent's direction by employees of the Department of Public Works.
(G) 
For purposes of this section, the word "person" shall include any natural person, business, partnership, corporation, association, trust, committee, club or other organization, entity or group of individuals, regardless of the manner in which they are organized or named, but shall not include a public utility subject to Mass. Gen. Laws Ch. 164.
[1982 Code, Ch. VII, § 8]
No person shall ride or drive any beast of burden, carriage or draught, or shall drive or propel or cause to be driven or propelled any bicycle, tricycle, motor vehicle or any vehicle whatsoever, in or over any crossing in any public way at such a rate of speed as to endanger the lives and safety of the public.
[1982 Code, Ch. VII, § 9]
No person shall permit any vehicle under his or her care or control to stand across any public way in such a manner as to obstruct the travel over the same for an unnecessary length of time; no person shall stop with any vehicle in any public way so near to another vehicle as to obstruct public travel; and no person shall stop with any vehicle upon or across any crossing in any public way.
[1982 Code, Ch. VII, § 10]
No person shall coast upon ice or snow upon any public way, except one on which the Town Manager or Chief of Police shall by public notice permit such coasting, and no person shall ride any animal or drive, wheel or draw any automobile, coach, cart, wheelbarrow, hand cart, velocipede, bicycle, or any vehicle, except children's carriages, or coast upon any sidewalk in the town.
[1982 Code, Ch. VII, § 14]
(A) 
The Superintendent of Public Works for the purpose of removing or plowing snow, or removing ice, from any way, may remove or cause to be removed to some convenient place, including a public garage, any vehicle interfering with such work. He shall keep or cause to be kept records of the registration number of each vehicle so removed and the place to which it is removed, and shall within 48 hours after the removal of any such vehicle send notice by mail to the owner of such vehicle, at his address as recorded at the Registry of Motor Vehicles, of the place to which such vehicle has been removed. If the owner of the motor vehicle be unknown or be not on record at the Registry of Motor Vehicles for this Commonwealth, the Superintendent of Public Works shall on the business day following the day of removal publish, at least once in a newspaper published and having a general circulation in Watertown or Boston, notice of the removal, the registration number, if any, the type of vehicle and the place to which the same was removed.
(B) 
Before the owner or his or her agent shall be permitted to remove a vehicle which has been removed as aforesaid to a public garage or other convenient place, he shall:
(1) 
Furnish satisfactory evidence to the owner or person in charge of the public garage or to the Superintendent of Public Works of his or her identity and ownership or right to possession of the vehicle.
(2) 
To pay for the cost of publishing or sending any notice required hereunder in such amount as shall be determined by the Superintendent of Public Works of the town and to pay the cost of removing the vehicle and all storage charges as authorized by Mass. Gen. Laws Ch. 40, § 22D as provided in the "Town of Watertown Traffic Rules and Orders, as amended."
[1982 Code, Ch. VIII, § 1]
No person shall stand on any sidewalk or in any public place in such a manner as to obstruct a free passage for foot passengers, after having been requested by a police officer to move on.
[1982 Code, Ch. VIII, § 3]
No person or persons shall play or perform on any musical instruments or sing, parade, march or congregate in any public way or public place, except in connection with a funeral, without the written permit of the Town Manager.
[1982 Code, Ch. VIII, § 9]
No person shall transport any liquid, substance or material of any kind in any vehicle on the street within the town in a manner that the liquid, substance or material leaks, overflows or falls form the vehicle onto the street.
[1982 Code, Ch. VIII, § 18]
The Town Manager may order numbers to be affixed to or painted on the building on any street in their discretion. The Town Manager, in his or her discretion, may order owners of both residential or business property to remove and change the numbers on the buildings on any street. The owner of every house or building shall comply with the order within 30 days.
[Ord. 893, passed 6-26-1990]
(A) 
The town may make temporary repairs on private ways that have been previously constructed and open to public use for a period of five years or more, provided the repairs are for the protection of the health and safety of the persons using such roads, in the opinion of the Town Manager upon the advice of the Superintendent of Public Works, and provided the repairs are required by public necessity.
(B) 
The repairs shall include the filling of holes in the subsurface of such ways and repairs to the surfaces materials thereof. Materials for such repairs, where practical, should be the same as, or similar to, those used for the existing base or surfaces of such ways, in the judgment of the Superintendent of Public Works. The repairs may upon the petition of a reasonably substantial proportion of the abutters in the judgment of the Town Manager include surfacing or resurfacing the ways with bituminous materials, including but not limited to bituminous concrete. However, no betterments or other charges are to be charged or assessed against the owners of the private way for such repairs done under this section.
(C) 
Drainage repairs or construction, as determined by the Superintendent of Public Works, to be necessary as a result of repairs made pursuant to division (B) of this section may also be done.
(D) 
The town shall not be liable on account of any property damage or death or personal injury whatsoever caused by such repairs, and Mass. Gen. Laws Ch. 84, §§ 24 and 25 shall not apply. Nothing in this section shall be construed to create an obligation of the town to repair or maintain any private way, or way open or dedicated to the public but not a public way, to which any repairs are made.
(E) 
The town may, without petition or the formalities of division (B) of this section, make temporary minor repairs to private ways not exceeding $500 in total value at the time made, provided the private way has been open to public use for a period of five years or more. The repair shall be limited to minor work such as filling, patching, grading or scraping. Mass. Gen. Laws Ch. 84, §§ 24 and 25 shall not apply.
(F) 
No actions by the town under this section shall be construed to either open or dedicate any way in Watertown to public use.
[1982 Code, Ch. VIII, § 24]
Owners of land which has been excavated are required to erect barriers or take other suitable measures within five days after such owners have been notified in writing by the Town Manager that in his or her opinion such excavation constitute a hazard to public safety.
[1982 Code, Ch. VII, § 5; amended Ord. 90, passed 12-10-1991; amended Ord. 4, passed 1-28-1992; amended Ord. 38, passed 5-13-1997; amended Ord. 13, passed 3-11-2003]
No person or entity, regardless of its ownership, tenancy, or other status or relationship to any real property, nor any agent, employee, contractor, or servant of any such person or entity, shall place, throw, plow or in any way move, any snow or ice onto any portion of the town's streets and ways. Without limiting the generality of the foregoing, streets and ways shall include the vehicular pavement, sidewalks, ramps, islands, and medians, whether or not used by vehicles or pedestrians. Notwithstanding the foregoing, however, this section shall not be construed to prohibit owners or lawful occupants of residential premises from placing snow and ice on the sidewalks immediately adjacent to the driveway opening as long as a minimum 36 inches wide pathway along the sidewalk is provided for passage within 24 hours of snow fall.
[Ord. 39, passed 5-13-1997]
(A) 
Definitions. For this purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUSINESS DAY
Any day that an establishment is open for business.
BUSINESS DISTRICT
Every parcel of land which the town zoning ordinance has classified as a business district, including Neighborhood Business, Limited Business, and Central Business Districts, or any additional district hereafter established under the zoning ordinance.
BUSINESS HOURS
The hours during which an establishment is open for business.
PRIVATE PERSON
Every person, partnership, corporation, joint-stock company, or other entity, whether as owner, tenant, occupant, lessee, or other agent.
SIDEWALK
That portion of a street between the curb lines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
(B) 
Snow and ice to be removed from sidewalks by private persons.
(1) 
_____
(a) 
Every person in charge or control of any building or lot of land within a business district and used for business purposes in the city fronting on or abutting a paved sidewalk, whether as owner, tenant, occupant, lessee, or otherwise, shall remove and clear away, or cause to be removed and cleared away, snow and ice from a path of at least 36 inches in width from that portion of the sidewalk which abuts any side of the building or lot of land. The cleared path shall extend to the traveled way of the street at each corner of an intersection of two or more streets and at each intermediate curb cut so as to provide access from the street to the sidewalk.
(b) 
Except as provided in division (2) of this division (B), snow and ice shall be removed from sidewalks in all business districts by two hours after the cessation of any fall of snow, sleet, or freezing rain during business hours or by the beginning of business hours of the next business day following such fall.
(2) 
In the event that snow and ice on a sidewalk has become so hard that it cannot be removed without likelihood of damage to the sidewalk, the person or entity charged with its removal shall, within the time mentioned in this section, cause enough sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe, and thereafter, as soon as weather permits, shall cause a path in said sidewalk of at least 36 inches in width to be cleared of such snow and ice.
(3) 
In the event that snow and ice is not removed from a sidewalk as provided herein, an initial warning may be issued to the responsible private person. If, thereafter, the sidewalk location that was the subject of the initial warning remains covered with snow and ice two hours after the said warning, a notice of violation may be issued and the appropriate penalty assessed to said responsible private person. No more than one penalty shall be assessed with respect to any one snowfall within a twenty-four-hour period.
(4) 
In the event of the declaration of a State of Emergency by the Governor, applicable to an area of the Commonwealth which includes the Town of Watertown, as a result of snow, sleet or freezing rain, the provisions of this section shall be suspended for a period of 24 hours after the cessation of the fall of such snow, sleet or freezing rain or until the end of the State of Emergency, whichever is the latest to occur.
[1982 Code, Ch. VII, § 5(C); amended Ord. 90, passed 12-10-1991; amended Ord. 4, passed 1-28-1992; Ord. 39, Sec. C(2), passed 5-13-1997; amended Ord. O-2016-47, passed 8-9-2016]
(A) 
The Town Manager, the Superintendent of Public Works, the Deputy Superintendent of Public Works, all Watertown police officers, and any other town employees from time to time designated by the Town Manager are empowered and authorized to enforce § 96.25.
(B) 
Any member of the Watertown Police Department, parking enforcement officer, or any designee of the Town Manager shall be authorized to enforce § 96.26.
[1982 Code, Ch. VIII, § 24; 1982 Code, Sec. 5(B); amended Ord. 90, passed 12-10-1991; amended Ord. 4, passed 1-28-1992; Ord. 39, passed 5-13-1997; amended Ord. O-2016-47, passed 8-9-2016]
(A) 
The penalty for violation of § 96.16 shall be $200.
(B) 
Anyone violating the prohibitions of § 96.25 of this chapter shall be subject to a specific penalty of a fine in an amount up to $300 for each offense. The fine structure is as follows:
(1) 
All first violations: Documented warning.
(2) 
Subsequent violations:
(a) 
Residential (less than six dwelling units):
1. 
Manual snow shoveling:
a. 
Second violation: $25 fine.
b. 
Third or more violations: $50 fine.
2. 
Mechanized snow shoveling:
a. 
Second violation: $25 fine.
b. 
Third violation: $100 fine.
c. 
Fourth or more violations: $300 fine.
(b) 
Commercial and six or more dwelling units residential:
1. 
Manual snow shoveling:
a. 
Second violation: $50 fine.
b. 
Third or more violations: $300 fine.
2. 
Mechanized snow shoveling:
a. 
Second violation: $150 fine.
b. 
Third or more violations: $300 fine.
(C) 
Anyone violating § 96.26 of this chapter shall be fined as follows:
(1) 
A fine of $100 shall be imposed for the first violation for any given snowfall.
(2) 
A fine of $200 shall be imposed for a second violation during that same winter season.
(3) 
A fine of $300 shall be imposed for a third and subsequent violation during that same winter season.
(4) 
These penalties may be enforced by non-criminal disposition procedures pursuant to Mass. Gen. Laws Ch. 40, § 21D and § 36.05 of this code.
(D) 
Any person violating any other provision of this chapter shall be punished according to § 10.99 of this code.