The several streets in the City shall continue to be called and known by the names by which they are now called and known, until the same shall be altered by the City Council. The City Council may change or alter the name of any street, highway or public place. The Council shall establish the names of all streets, highways and public places hereafter laid out and accepted by the City, or by any other authority within the City, and shall cause signposts to be erected, designating the names.
Effective March 1, 1986, and thereafter, all newly accepted streets, all newly built and/or heretofore unnamed schools, parks and other publicly owned buildings shall be named after deceased Marlborough residents who were veterans of declared wars and/or armed conflicts.
[Added 2-10-1986 by Ord. No. 86-784]
The Board of Library Trustees, having care, custody, management and supervision of the Marlborough Public Library pursuant to § 11 of Chapter 78 of the Massachusetts General Laws and § 28 of Division 3 of the Charter of the City of Marlborough may name public assets located in and at the Marlborough Public Library, including internal and external spaces, furnishings, collections, equipment or fixtures, under such terms and conditions as may be specified in a naming policy adopted by the Board of Library Trustees for said public assets which are not otherwise governed by Subsections A and B herein. Said authority of the Board of Library Trustees is in addition to, and not in lieu of, such powers and authorities of the Board of Library Trustees as may be provided by statute, regulation, ordinance or law.
[Added 11-19-2018 by Ord. No. 18-1007364C]
[Amended 12-7-1970 by Ord. No. 10036; 1-26-1976 by Ord. No. 15358]
The Commissioner of Public Works may grant licenses in writing on the prescribed license form to persons having authority in the premises to open, occupy, obstruct, encumber and use parts of any public way for the purpose of installation or repair of a utility, driveway curb cuts or roadway curb cuts.
[Amended 12-16-1985 by Ord. No. 85-192A]
Driveway openings shall be at least 10 feet but not more than 24 feet in width measured at and perpendicular to the side line of the street.
The elevation of the finished grade of the driveway at the side line of the street shall be equal to the elevation of the center line of the traveled way directly opposite the opening. In the event that the horizontal distance from the edge of the existing pavement to the side line of the street is five feet or less, the grade of that area lying between the edge of the traveled way and the side line of the street shall have a minimum positive grade of 3% from the edge of the traveled way for a horizontal distance of not less than five feet.
No driveway shall exceed a grade of 9%.
The cost of any relocation of existing, City-owned and maintained utilities, mains and services due to the construction of a new driveway or repair to an existing one shall be borne by the owner of the driveway.
The limits of any proposed driveway shall not fall within 65 feet of the intersection of the center line of intersecting streets.
A minimum accessway of at least 30 feet in width is required for any and all multifamily dwellings. All curb cuts shall not be within 65 feet of the intersection of the center line of intersecting streets.
On state highways, street or driveway curb cuts must be obtained from the State Department of Public Works.
Subdivision street curb cuts must comply with applicable Planning Board rules and regulations.
The licensee, under Chapter 270 of the Code of the City of Marlborough, as amended, may be required to supply appropriate plans or sketches along with the application to adequately explain the specific work involved.
Editor's Note: Reference in the original ordinance was to § 63-21 in the 1986 Code, which has been repealed.
The Commissioner of Public Works may require, as a license restriction, that the licensee provide that a traffic control officer be present during working hours.
[Added 5-5-1980 by Ord. No. 20309]
Each license issued under the provisions of § 551-2 of this chapter shall be subject to a fee of $10.
[Added 6-17-1985 by Ord. No. 85-369; amended 1-12-1987 by Ord. No. 87-1367]
Licenses referred to under the provisions of § 551-2 of this chapter shall be issued from April 1 through and including November 30. No license shall be issued from December 1 through March 31, except in cases of emergency as approved in writing by the Commissioner of Public Works or by majority vote of the City Council.
Every license referred to in § 551-2 shall specify the time, place, size and use of such opening, occupation or obstruction and the time within which the street shall be put in a condition satisfactory to the Commissioner of Public Works. The Commissioner may, in addition to the specifications, specify in the license or after the issuing thereof, in writing, the kind of rail or fence to enclose the place and the kind of way over or around such place and the manner of constructing the same. Nothing herein contained shall be constructed to prevent the insertion in the license of any other specifications deemed advisable by the Commissioner of Public Works.
Each license granted under the provisions of § 551-2 shall be upon the following conditions:
The person accepting the same shall conform to the statutes and ordinances of the City in force and that may thereafter be in force and to the specifications in the license.
The license may be revoked at any time by the Commissioner of Public Works.
Before performing any work authorized by such license, the party licensed shall execute a bond to the City, conditioned as hereinafter mentioned and subject to the additional condition that he will cause the excavation and obstruction to be properly fenced during the whole time the street is opened and obstructed.
He will place and maintain from the beginning of twilight, through the whole of the night, over or near the place so occupied, opened, obstructed or used and over or near any dirt, gravel or other material when thereupon or to be used by him, a light or lights fixed to such fence or in some other proper manner sufficient to protect travelers from injury.
He shall place and maintain a safe and convenient way for the use of foot travelers and a safe and convenient passage for public travel around or over such place.
If he does not, within the time prescribed by the Commissioner of Public Works, put the street into good condition, satisfactory to the Commissioner of Public Works, he shall pay whatever sum the Commissioner shall expend for putting it into good condition.
He will deliver up the license to the Commissioner of Public Works on or before the expiration of the time fixed in the license for completing the work or any extension of the same.
Before any license hereinbefore described is delivered to any person for the applicant therefor, such person, unless he is an employee of the City employed on public works, shall certify that a copy of the license entered in a book kept for the purpose is a correct copy of the license he received.
[Amended 6-17-1985 by Ord. No. 85-370]
Whenever any department of the City or any person shall lawfully make any opening or cause any obstruction in any street, such department or person shall be held responsible for any damages that may result from such opening or obstruction for a period of three years from the time of making the same.
[Amended 6-17-1985 by Ord. No. 85-370]
Should any portion of the street which has been excavated require repaving or resurfacing within a period of three years from the time it has been disturbed, the Commissioner of Public Works shall, by mail, postage prepaid, notify in writing the person applying for the license under authority of which the disturbance was made to forthwith make such repairs as, in the opinion of the Commissioner, are necessary, and in case of the failure of such person to make such repairs within 24 hours after sending of such notice aforesaid to the last known address of such person, the Commissioner of Public Works shall then have the right to make such necessary repairs, and the expense of the same shall be paid by the person.
Whenever any street is opened, occupied, obstructed, encumbered by any department of the City, or person, the Commissioner of Public Works shall prevent any unnecessary obstruction while the work is in progress and shall see that the street is repaired and put in good order when the work is completed. If the street is not repaired to his acceptance, he shall forthwith put the same in good order and shall render a bill for the expense of such repair to the department or person whose duty it was to repair the street. All openings made for any purpose whatever shall be filled back in layers six inches in depth, and each layer shall be properly rammed and, when necessary, shall be wet down to prevent settling of the filling.
The Commissioner of Public Works shall not issue any license to a person who has, within one year previous to his application, violated or failed to observe the conditions or specifications of any such license without special authority from the City Council.
The Commissioner of Public Works shall keep a record of the notices of defects sent to him, with the name of any person giving the notice and the time when given, and he shall, without delay, cause the locality of the alleged defects to be examined and, if the defect is of such a character as to endanger the safety of public travel, shall do whatever may be necessary to prevent the public from injury by the defect, and cause it to be immediately repaired. Every person in the employ of the City shall send to such Commissioner notice of every defect of which he has any knowledge.
The bond to be given under the provisions of §§ 551-2 through 551-12 shall contain, in addition to the foregoing provisions and conditions, any further provisions and conditions which the City Council shall require to be inserted from time to time. The penal sum of such bonds shall be prescribed by the City Council; the surety or sureties shall be approved by the Mayor, City Treasurer and City Auditor, unless otherwise provided by the City Council, and the form thereof approved by the City Solicitor. A new or strengthening bond may be required from time to time by the City Council, and such new or strengthening bond shall not be taken to release the surety or sureties on any prior bond unless by vote of the City Council expressly releasing such surety or sureties from liability.
Whenever the Commissioner of Public Works is about to construct a new street or to break up the surface of any street, he shall, at least two weeks before beginning work, notify all public utilities engaged in a service necessitating the digging up or breaking up of the surface of any of the streets or ways. If any public utility company has any work to be done in the street so designated, it shall consult and arrange with the Commissioner of Public Works, in order that such work may be done before the surface of such street is again prepared for and open to public travel.
After such notice and opportunity have been given, such utilities shall not, for the space of 12 months, break up such street within the area of such previous disturbance, except in case of obvious necessity, to be certified to and approved by the Commissioner of Public Works.
Whenever any highway, street or bridge is from any cause unsafe or inconvenient for travelers, the Commissioner of Public Works shall forthwith put up a suitable fence or barrier across such highway, street or bridge and exclude all travelers from passing over the same or cause the parts thereof so rendered unsafe and inconvenient to be enclosed by a sufficient fence or barrier, which shall be maintained so long as the same remains unsafe, inconvenient or unsuitable for travel; he shall also fix one or more lighted lanterns to such fence or barrier or in some other proper manner, to be kept every night, from twilight in the evening through the night, so long as such fence or barrier is maintained.
Whoever maliciously or wantonly and without legal cause removes, extinguishes or diminishes a light or removes, displaces or interferes with a fence or barrier fixed or placed in position, in accordance with the provisions of the preceding section, shall be punished as provided in Chapter 1, General Provisions, Article I.
No person shall remove, extinguish or diminish a light placed in any public way in accordance with the provisions of this chapter. No person shall extinguish any public lamp, except by the permission of the City Council.
Except as otherwise provided in this chapter, no person shall place or deposit or permit to be placed or deposited, in any public way, any impediment or obstruction of any kind and suffer the same to remain more than one hour nor occupy or obstruct any public way to interfere with the convenient use of the same for public travel nor place, or cause to be placed, in any gutter any obstruction to a free flow of water.
The foregoing prohibitions shall not prevent the unloading or temporary deposit in any public way of merchandise, fuel, building materials or other articles, in course of carriage to or from premises adjacent or neighboring; provided, however, that such articles shall in no case be suffered to remain more than five hours, except by license as provided in § 551-2.
[Added 8-10-1987 by Ord. No. 87-1757]
No person shall allow any branch or limb of a tree owned by them to extend over a public way at a height of less than nine feet.
No person shall erect any post in any public way except by permission of the City Council.
No person shall erect or maintain any doorstep, portico, entrance, bay window or other projection or a passageway to any cellar, basement or other structure in or upon any public way, without permission from the City Council.
No person shall suffer the platform or grate of the entrance or passageway to a cellar or basement in any public way to rise above the even surface of such public way, and every such entrance or passageway shall be kept covered with a suitable platform or grate or shall be guarded and protected by a sufficient railing on both sides thereof, at least 2 1/2 feet high, and well lighted at night. No person shall leave any coal hole or aperture open or unfastened, except while actually in use, in which event it shall be properly guarded.
Whenever any person shall dig or sink any well, cistern or other cavity in the ground near to or adjoining any public way, he shall maintain, on the line of such public way, a sufficient and suitable railing or fence, well lighted at night.
[Amended 10-6-1986 by Ord. No. 86-897A]
No person shall move or cause to be moved any building through or over any public way, unless said person has received a written building moving permit from the City Council.
Before the City Council shall consider said request, it shall receive the following:
A written statement of the size and weight of the building to be moved.
A certification from the Public Works Department approving the route and method of passage through and over any public way and approving all measures taken to reduce damage to the road surface and subterranean public service installations.
A certification from the Forestry and Parks Division that states that requirements of MGL c. 87, § 3, have been complied with. In the event that a public hearing is required for complete removal of a tree or trees as put forth in said § 3, the results of said public hearing shall be forwarded to the City Council for its use in approving or denying said permit.
Copies of any necessary permits from any departments or agencies required for the installation or insertion of said building at a new location or site.
Certifications from the Marlborough Police and Fire Departments that a route plan has been filed with said Departments.
After receipt of all said items, the City Council shall hold a public hearing and shall grant or deny said request. The City Council may grant said permit subject to any restrictions the Council feels appropriate in any particular circumstances, including a provision for the filing of a bond prior to issuance of said permit.
Any costs incurred by any City department in the review of the application or in assistance provided during said moving of the building shall be billed to the applicant.
The Police Department and the Fire Department must receive a copy of the building moving permit at least 72 hours prior to said move.
[Amended 1-11-1971 by Ord. No. 10149]
The tenant or occupant and, in case there shall be no tenant or occupant, the owner or any person having the care of any building or lot of land bordering on any street, lane, court, square or public place within the City where there is a sidewalk shall cause all snow that may be on such sidewalk to be removed therefrom within 12 hours after the snow ceases to fall, if it ceases to fall in the daytime, and before 12:00 noon, if it ceases to fall in the nighttime, and if he neglects so to do, he shall be liable to a penalty of not less than $2 nor more than $10 for each offense. The provisions of this section shall apply to snow which falls from buildings as well as to that which falls from the clouds.
No person shall deposit snow or ice on any public way or sidewalk in such a manner as to interfere with or detract from the plowing of said public way or sidewalk, and no property owner or person in control of property shall permit or suffer any employee, agent or servant to deposit snow or ice on any public way.
[Amended 5-9-1994 by Ord. No. 94-5433A]
No person shall deposit snow or ice in such a way as to obstruct the access to or the operation of any fire hydrant, and no property owner or person in control of property shall permit or suffer any employee, agent or servant to deposit snow or ice in such a way as to obstruct the access to or the operation of any fire hydrant.
[Added 5-9-1994 by Ord. No. 94-5433A]
No person plowing snow or ice from private property or public property adjacent thereto shall, if crossing any public way or sidewalk, permit any plowed snow or ice to remain on such public way or sidewalk in such a manner as to interfere with or detract from the plowing of said public way or sidewalk, and no property owner or person in control of property shall permit or suffer any employee, agent or servant, plowing snow or ice across a public way or sidewalk, to permit any plowed snow or ice to remain on such public way or sidewalk in such a manner as to interfere with or detract from the plowing of said public way or sidewalk.
[Added 5-9-1994 by Ord. No. 94-5433A]
Whenever any sidewalk or any part thereof adjoining any building or lot of land on any street, lane, court, square or public place is encumbered with ice, it shall be the duty of the tenant or occupant and, in case there is no tenant or occupant, the owner or any person having the care of such buildings or lot to cause such sidewalk to be made safe and convenient by removing the ice therefrom or by making such ice even and keeping it covered with sand, ashes or some other suitable material to prevent slipping within 12 hours after the ice forms, if in the daytime, and before 12:00 noon, if it forms in the nighttime, and if he neglects so to do, he shall be liable to a penalty of not less than $2 nor more than $10 for each offense.
[Amended 4-22-1991 by Ord. No. 90-3652A]
No person shall course, coast or slide down, across, in or along any of the sidewalks or streets, upon any handsled or otherwise, except in such places and under such restrictions as the City Council shall designate and require.
No person shall run, drive or ride any bicycle, tricycle or any vehicle, other than a child's or invalid's carriage or sled, on any sidewalk nor on any part of the street which is commonly used for foot travel.
No persons shall ride or use in any way or manner a skateboard, or similar device, upon a public way or upon a public sidewalk, plaza or mall or other public property so as to endanger the lives and safety of the public or so as to interfere with or impede pedestrian or vehicular traffic.
No person shall ride or use in any way or manner a skateboard, or similar device, in or upon public property, of any nature, if such riding or use may or might cause or would tend to cause damage to or destruction of such property.
The provisions of Subsection D shall not prohibit the use of a skateboard, or similar device, in or upon public property, when such property had been specifically designated for such use by the City Council or by the committee, board or commission in lawful control of such property.
A violation of any of the provisions of this section shall be deemed to be a civil infraction and shall subject the violator to a penalty of $25.
No person shall, in any public way, throw any snowball, stone or other substance, or engage in any amusement, game or exercise, interfering with the free, safe and convenient use of such public way.
No person shall transport through a public way any garbage, ashes, rubbish or other refuse matter, unless the same be entirely covered so as to prevent such garbage, ashes, rubbish or other refuse matter from falling or being blown onto the public way or property adjacent to a public way.
No person shall suffer his building to shed water on any public way.