The purpose of this chapter is to:
A. Protect the Belchertown Town Common's character as
the historic center of town;
B. Protect from abuses the Town Common, town property
and private property proximal to the Common;
C. Provide standards and requirements by which uses on
the Common may be regulated; and
D. Provide for public health, safety and welfare.
The general boundaries of the area to be regulated
include that area bounded by East Walnut Street on the north side,
Park Street on the east side, Jabish Street on the south side and
Main Street on the west side and known as the "Belchertown Town Common."
Equipment, sale items, signage or other materials
related to the event or display shall not be hung from nor attached
to trees.
As a condition of granting a permit for use
of the Town Common, an applicant shall be required to obtain and provide
evidence of reasonable insurance to protect against claims, losses,
injuries or damages resulting from such use and shall be required
to agree to indemnify, hold harmless and defend the town and its officials,
agents and employees from any and all claims, suits, causes of actions,
judgments and demands of any nature made or obtained by third parties
against the Town of Belchertown, its officials, agents, servants and
employees relating to such use of the Common. Under such agreement,
the applicant shall agree to pay any such judgments, interest, fees,
penalties and all such costs associated with defending the town against
such claims, suits, causes of actions, judgments and demands, including
attorneys' fees for defense of the town, and its agents, servants,
officials and employees by the attorneys of the town's choice.
The operation of a farmers' market shall be
in accord with the rules and regulations promulgated by the Massachusetts
Federation of Farmers' Markets, as amended.
These rules and regulations may be waived, in
whole or in part, for good cause shown only by a majority vote of
the Belchertown Select Board upon a finding that such waiver is necessary
to avoid an undue burden upon the legal rights of an applicant under
the circumstances.
This chapter may be amended by the majority
vote at a legal town meeting, either annual or special.
In the event that a clause of this chapter is
found in violation of Massachusetts General Law or any provision shall
be held invalid, the validity of the remainder of this chapter shall
not be affected thereby, and the remainder of the chapter shall continue
in full effect.