[HISTORY: Adopted by the Council of the City
of Pawtucket, approved 3-22-1973 by Ch. No. 1384. Amendments noted where applicable.]
The City Council is hereby authorized and empowered
to license any person or persons to engage in the business of moving
buildings from place to place within the City and to hereby give to
such person or persons such right upon the filing of a bond with sufficient
sureties to well and faithfully indemnify said City for all damages
caused to public property, and to the owners of private property,
by reason of any neglect or unlawful act of himself or herself or
his or her servants or agents in any removal of buildings, and by
reason of the use of the streets in the prosecution of work of moving
buildings into and through said streets and to fully pay and satisfy
said City and said owners for all loss, costs and expenses occasioned
thereby and in all respects to comply with the requirements of the
ordinances and all regulations of the City Council relating to the
premises. All licenses so granted shall be for the term of one year
and shall expire on the first Tuesday in September; provided, however,
that any license granted in the month of August shall expire on the
first Tuesday in September in the succeeding year.
A.
Whenever the owner of any building shall desire to
remove such building along, across or through any of the streets or
public highways of this City, a petition shall be presented to the
City Clerk asking from the City Council permission to make such removal.
B.
Said petition shall give:
(1)
The dimensions of said building and its location.
(2)
The place to which it is desired to move the same.
(3)
The streets along, across or through which it is to
be moved.
(4)
The name of the licensed building mover.
(5)
In case it shall be necessary to cut down or trim
any tree or move any post, wire or other obstruction on or within
the line of any public street or on the premises of any person, the
location of such tree, post or wire.
[Amended 7-25-1996 by Ch. No. 2420]
At the time of filing said petition, the petitioner
shall also file a bond to the City Treasurer in the sum of $100,000
with at least two sufficient sureties, with the condition that the
petitioner shall pay all damages, costs and expenses of every name
and kind that shall or may be sustained by the City and also that
the petitioner will assume the defense of any and all legal proceedings
that may in any manner grow out of or be incident to the moving or
attempt to move said building; and further, that the petitioner shall
pay all losses, costs, damages and expenses whatsoever that may be
caused to the property of or be incurred by any person, persons, firm
or corporation, in consequence of the moving or attempting to move
said building.
[Amended 7-25-1996 by Ch. No. 2420]
Upon the filing of any such petition and bond,
the City Clerk shall prepare a copy of said petition with a notice
of the time and place when the same will be considered by the City
Council, together with a statement that all persons interested may
appear and be heard thereon. The petitioner shall cause said notice
to be published in the newspaper having the contract for the City
advertising three times previous to said hearing.
[Amended 7-25-1996 by Ch. No. 2420]
The City Clerk shall immediately forward said
petition to the Inspector of Buildings, who shall forthwith take the
measurements of said building and report the same, with any other
information respecting the matter that he or she may be able to gain,
to the City Council, which report and the bond aforesaid shall be
submitted to and approved by the Council before any permit shall be
granted for moving said building.
No building shall be moved along, across or
through any public street or highway except by a mover duly licensed
under the provisions of this chapter and unless a permit therefor
shall be first obtained from the City Council, and the permit, if
granted, shall prescribe the streets through, along or across which
said building shall be removed, and all such removals shall be under
the supervision of the Director of Public Works and shall be completed
within such time as said Director shall designate.
Every person engaged in or procuring the removal
of any building through any of the highways or streets of the City
under a permit therefor granted under the provisions of this chapter
shall cause to be suitably posted at a proper distance from said buildings,
signs or notices that the street or streets occupied by said building
or by any of the apparatus for moving the same is or are impassable
by reason of moving said building, and at nighttime shall cause a
sufficient number of lighted lights to be hung on or about the approaches
to said building and shall keep all such lights lighted and in position
during all the time between sunset and sunrise that such street or
streets may be so occupied by said building or apparatus.
The owner of every building so moved shall pay
to the City all damages, costs and expenses of every kind occasioned
to the City by or in consequence of moving the same; and in default
of such payment on demand therefor, suit on the bond given shall be
instituted and prosecuted by the City Solicitor for recovery of the
same; and all other persons who may have any claim for compensation
for damages sustained by or in consequence of the moving of any building
under a permit therefor granted as aforesaid may and are hereby authorized
to bring suit for such compensation on said bond in the name of the
City Treasurer upon indemnifying the City and its officers against
any and all loss because of such suit.
[Amended 7-25-1996 by Ch. No. 2420]
A fee of $100 shall be charged for each permit
to move any building along, across or through any of the streets or
public highways of the City of Pawtucket, which fee shall be paid
to the City Clerk of the City of Pawtucket by the applicant for such
permit, but no such fee shall be accepted by said City Clerk until
the petition of the applicant has been granted by the City Council.
[Amended 5-24-2018 by Ch. No. 3160]
Every person who shall move or attempt to move
or be in any manner employed or engaged in moving any building along,
through or across any highway or street within the City, without having
been duly licensed to do said work in the manner provided in this
chapter, except said person be in the employ of such a licensed mover,
and every person who shall cut down any tree or cut off any branch
or branches of any tree not his or her own or who shall cut remove
or otherwise interfere with any wire or post in connection with the
moving of any such building, without such permission of the City Council
duly granted in the manner aforesaid, or in a manner not in compliance
with the terms and conditions of such permission, shall be fined not
more than $500.
