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.