[Adopted effective 10-1-1914 (§ 5 of the prior compilation)]
No person, firm or corporation, or officers or employees of any corporation, shall dig any hatchway entrance through or into a sidewalk or footpath in any highway in the Town of Winchester until he shall have applied for and secured from the Board of Selectmen a permit therefor, nor shall any person make any opening in, or tear up any sidewalk or portion thereof, except for the purpose of repairing such walk or footpath, without permission from the Board of Selectmen or the Director of Public Works or his designee. All application for permits to erect any hatchway must be in writing and must state the location of said hatchway, dimensions of the same, material of which the same is to be constructed and covered, and must be signed by the owner or person having control of the property into which said hatchway leads.
Any person, firm or corporation maintaining a hatchway through or so close to any sidewalk or footpath as to endanger the public thereby shall maintain the same in a safe condition by placing such covering over the entrance to such hatchway or such railing or guard around the same, of such material, within such time and according to the directions of the Board of Selectmen.
It shall be the duty of the Director of Public Works or his designee to observe the condition of all hatchways which extend into the sidewalks or footpaths of the Town, or which extend so close to any sidewalk or footpath as to endanger the public thereby, and for that purpose he is hereby authorized to enter the basements or cellars of buildings where such hatchways or entrances exist and shall recommend to the Board of Selectmen, from time to time, such changes in or repairs of any hatchway as in his opinion public safety and convenience require.
Any person who shall violate any provisions of this article, or who shall fail to comply with any order of the Board of Selectmen concerning the maintenance and repair of any hatchway, shall be fined not more than $100 per day. Each additional day of violation shall constitute an additional offense. In addition, the offender must pay to abate the nuisance.