[HISTORY: Adopted by the Town Meeting 5-8-1988 ATM, Art. 98,
as Secs. 110.3 through 110.14, 110.16, 110.18, 150.3 and 150.5 of
the General Bylaws. Amendments noted where applicable.]
No person, except the Selectmen in the lawful
performance of their duties or those acting under their orders or
those who are fully covered with statutory power shall break up or
dig out the ground in any street or public way in the Town without
first obtaining a written permit from the Selectmen, which permit
shall state the regulations under which such excavation shall be done.
[Amended 5-11-2009 ATM,
Art. 26]
Whenever the Director of the Department of Public
Works is about to construct or repair street or way, he shall, before
beginning the work, give reasonable notice of such intention to other
departments and corporations affected thereby and to all abutting
owners. After such notice has been given, no department, corporation,
or person shall for a space of one-year break up or disturb the surface
of said street or way within the area so constructed and repaired
except in case of reasonable necessity.
A.
Any person who intends to repair or take down any
building on land abutting on any way, which the Town is required to
keep in repair, and intends to make use of any portion of said way
for the purpose of placing thereon building materials or rubbish,
shall give notice to the Selectmen. Thereupon, the Selectmen may grant
a permit to occupy a portion of said way to be used for such purpose
as in their judgement the necessity of the case and the security of
the public require; such permit, in no event to exceed a period of
more than 90 days, shall contain such conditions as the Selectmen
may require; sufficient light shall be so placed from sunset to sunrise
as to effectual secure all travelers from injury.
B.
The Selectmen may, before granting such permit, require
such person to furnish a satisfactory bond to save the Town harmless
for any damages that may arise from such obstructions in the street
and to insure the faithful compliance with the conditions of said
permit.
No person shall establish or maintain any shade
or awning or any part thereof over any part of a street or highway
unless the same be securely and safely supported and said awning or
shade must be at least seven feet above the sidewalk and is specifically
permitted by the Selectmen.
No person shall allow any gate or door belonging
to the premises under his legal control and adjoining any public way
to swing on, over, or into said public way.
No person shall establish or maintain any sign,
signboard or advertising device over any street or highway without
a written permit of the Selectmen.
[Added 5-8-1988 ATM, Art. 98]
No person shall maintain any type of political
poster on poles, trees, real estate or any type of structure for a
period in excess of seven days following the final election day in
contrast to caucuses or primaries to which said posters refer.
No person shall break, remove, deface or otherwise
injure any stone-bound which marks a street-line or public way or
Town land.
[Amended 5-11-2009 ATM,
Art. 26]
No person shall drive any vehicle upon or over
any hosepipe or hose in use when placed in any street or highway by
order of the Fire Chief or other officers of the Fire Department or
the Department of Public Works.
No person shall course, coast, or slide down,
across, or over any street or highway upon any hand-sled, board or
otherwise, except at such places and under such restrictions as the
Selectmen shall designate and require.
All street, hereinafter laid out or accepted
by the Town as a street or public highway, shall be at least 50 feet
in width, unless otherwise determined by the Planning Board and shall
not be accepted unless a plan showing in detail the location and proposed
grade of such way is placed of file with the Town Clerk Seven days,
at least, before the date of the Town Meeting at which the acceptance
of such way as a street or public highway is required, and unless
the surface of the way has been put in condition reasonably safe for
public travel, conformable to the grade set forth in said plan by
the landowner or owners contributing the franchise of such way.
No person or persons shall obstruct any sidewalk
after being requested to move on by a Police Officer.[1]
[1]
Editor's Note: (Attorney General's note-August
31.1988) Caution in the application and enforcement of Section 110.14
should be exercised to avoid problems of vagueness, discretionary
enforcement and overbreadth. See Commonwealth v Williams. 395 Mass.
302 (1985).
Whenever any person, contractor or Public Utilities
Co. (excepting any Town Department) if approved by the Webster Chief
of Police or during a time of emergency opens up any street or roadway
which has an effect on the safe and free flow of pedestrian or vehicular
traffic, such person, contractor or Public Utilities Co. shall have
an officer of the Webster Police Department at the scene to protect
the safety of the public.
[Amended 6-29-1989 ATM, Art. 20]
Whoever without first having obtained written
permission from the Selectmen intentionally obstruct a public street
or sidewalk by placing or causing to be placed therein any article
or thing whatsoever, or suffer the same to remain in such position
for more than five minutes, shall be liable for a penalty as set in
Chapter 85, Enforcement; Noncriminal Disposition, of the Code of the
Town of Webster, plus cost incurred by the Town to remove and dispose
of said obstruction (items).
No person shall suffer or permit any water or
other liquid substance to run or be discharged from any building owned
by him or under his control into or across any street or sidewalk;
nor shall any person wash with water from hose or any pipe any windows
or parts of a store or other building whereby any sidewalk may become
wet except before 9:00 a.m. and after 9:30 p.m.
No person shall throw stones, snowballs, sticks,
or other missiles, nor play other games which interfere with the free,
safe, and convenient use of any street or way by any person traveling
or passing along on same.
