No person shall place, erect or cause to be
placed or erected within any sidewalk, street or highway any fixture
or structure unless a permit, issued by the City Council or any other
designated authority in case of City ways, or by the Department of
Public Works of the commonwealth, in the case of state highways, authorizing
such placing or erection has been granted and is in effect.
No person, other than one employed directly
or indirectly by the City or by the commonwealth and while in the
performance of necessary public duties, shall at any time place or
leave on any sidewalk, street or highway any article, material or
merchandise or park a vehicle or cart on any sidewalk, street or highway
for the purpose of displaying merchandise unless a permit issued by
the City Council or any other designated authority in the case of
City ways or by the Department of Public Works in the case of state
highways, authorizing the use of the sidewalk, street or highway has
been granted and is in effect, except as may be necessary for the
reasonable and expeditious loading or unloading of any such article,
material, merchandise, car or vehicle; provided, however, that such
property shall never be left so as to obstruct the free passage of
pedestrians or vehicular traffic.
Any fixture, structure or property as referred to in §§
222-43 and
222-44 which has been erected, placed or left illegally in any street, highway or sidewalk may be moved by or under the direction of an officer and at the owner's expense.
The City Council or any other designated authority issuing permits for such use of sidewalks, streets or highways as are described in §§
222-43 and
222-45 may, in its discretion when occasion justifies, demand a suitable cash deposit, surety bond or insurance indemnity policy to save the City or the commonwealth harmless from all liability of any nature whatsoever caused directly or indirectly by such use of the sidewalk, street or highway.