CHAPTER 20.
STREETS AND SIDEWALKS.
As to department of public works, see §§ 2-54 to 2-60 of this Revision. As to numbering of buildings, see § 4-1. As to moving of buildings, see §§ 4-7 to 4-10. As to buses, taxicabs and jobbing trucks, see ch. 5. As to buses standing in streets in other than bus stands, see § 5-2. As to taxicabs standing in streets in other than designated stands, see § 5-22. As to establishment and maintenance of fire lines, see § 8-3. As to prohibition against depositing garbage, etc., on public ways, see § 9-2. As to permit for hawkers and peddlers, see § 10-1. As to motor vehicles and traffic generally, see ch. 13. As to prohibition against driving on sidewalks, see § 13-82. As to distributing handbills in streets, see § 14-2. As to curfew for minors, see § 14-3. As to loitering, see § 14-5. As to prohibition against discharging firearms in streets, see § 14-6.
Article I. In General.
§ 20-1. Permitting water on sidewalks.
§ 20-2. Snow and ice– Removal from sidewalks required on certain streets.
§ 20-3. Same– Depositing on city property.
§ 20-4. Playing games in streets.
§ 20-5. Coasting in streets.
§ 20-6. Gates and doors not to swing over streets or sidewalks.
§ 20-7. Driving or riding upon sidewalks.
§ 20-8. Riding horses after sunset.
§ 20-9. Loitering as to obstruct passage.
§ 20-10. Parades, processions and assemblies.
§ 20-11. Speeches in streets.
§ 20-12. Sales in streets and sidewalks.
§ 20-12.1. Roadside memorials.
Article II. Laying Out, Construction and Acceptance of Streets.
§ 20-13. Specifications– Generally.
§ 20-14. Same– Exception to width requirement.
§ 20-15. Construction and repairs.
Article III. Excavations.
§ 20-16. Permit– Required generally.
§ 20-17. Same– For vaults, etc., under streets.
§ 20-18. Cash security.
§ 20-19. Liability for maintenance.
§ 20-20. Removal of structure when space needed by city.
§ 20-21. Safety precautions– Generally.
§ 20-22. Same– Cellars, etc., near streets.
ARTICLE I. Sec. 20-1. Permitting water on sidewalks.
No person shall suffer or permit any water or other liquid substance to run or be discharged from any building or lot owned by him or under his control into or across any street or sidewalk, nor shall any person wash with water from a hose or pipe of any kind any windows or parts of a store or other building whereby any sidewalk may become wet, except between 7:00 A.M. and 9:00 A.M.
(R. O. 1960. ch. 41, § 14.)
As to water generally, see ch. 21 of this Revision.
Sec. 20-2. Snow and ice– Removal from sidewalks required on certain streets.
No tenant or occupant or owner or agent in charge of real estate abutting upon the sidewalks within the following areas of the city shall suffer or permit such sidewalk to remain wholly or partly covered with snow for more than twelve hours after the cessation of any storm:
Central Street (both sides), from Union Street and the prolongation thereof to Monument Square.
Lancaster Street (both sides), from Mount Pleasant Avenue and the prolongation thereof to Central Street.
Main Street (both sides), from Summer Street and the prolongation thereof to Monument Square.
Mechanic Street (both sides), from the New York, New Haven and Hartford Railroad to Monument Square.
Merriam Avenue (both sides), from Depot Square to Main Street.
Monument Square (both sides).
Park Street (south side), from West Street to Pleasant Street.
Pleasant Street (both sides), from Pearl Street and the prolongation thereto to Monument Square.
Water Street (both sides), from the New York. New Haven and Hartford Railroad to Mechanic Street.
West Street (north side), from Church Street to Main Street.
(R. O. 1960, ch. 10, pt. 3, § 8.)
Sec. 20-3. Same– Depositing on city property.
No person shall plow, deposit or cause to be deposited snow from a driveway or parking lot onto city property.
No person shall place any snow or ice upon any portion of the street from which the snow has already been removed by the public works department.
Any person who violates this section shall be subject to a fine of one hundred dollars for the first offense and a fine of two hundred dollars for each subsequent offense in any one calendar year.
(R. O. 1960, ch. 10, pt. 1, § 6; 8-3-65; 3-16-67; 6-8-87.)
Sec. 20-4. Playing games in streets.
No person shall, within the limits of any street, play at any game of ball or football, throw any snowball, stone or any hard substance, fly any kite or engage in any other amusement, game or exercise interfering with the safe and convenient use of such street by any person traveling or passing along the same.
(R. O. 1960, ch. 41, § 1.)
Sec. 20-5. Coasting in streets.
No person shall coast or slide across, in or along any street except in such places as shall be designated by the director of public works and under such restrictions as shall be by him imposed.
(R. O. 1960, ch. 41, § 2.)
Sec. 20-6. Gates and doors not to swing over streets or sidewalks.
No person shall allow any gate or door belonging to premises owned or occupied by him or under his control to swing on, over or into any street or sidewalk in the city.
(R. O. 1960, ch. 10, pt. 3, § 1.)
Sec. 20-7. Driving or riding upon sidewalks.
No person shall operate, drive or be in control of a motor or horse drawn vehicle or lead, drive or ride a horse or other animal or bicycle upon a sidewalk except at an entrance or exit to a permanent or temporary driveway.
(R. O. 1960, ch. 41, § 21.)
Sec. 20-8. Riding horses after sunset.
No person shall ride on a horse on any public way in the city after sunset without a fluorescent vest worn on the person of the rider.
(3-12-70.)
Sec. 20-9. Loitering as to obstruct passage.
One or more persons shall not stand singly or in a group or alone or near each other on any sidewalk or on land used for a sidewalk or street in such a manner as to obstruct or impede public travel after having been requested by any constable or police officer to move on.
(R. O. 1960, ch. 41, § 4.)
Sec. 20-10. Parades, processions and assemblies.
Except as provided by the law of the commonwealth, no person shall form, conduct or take part in any parade in any street or form or conduct for the purpose of display or demonstration any procession or assembly of people without first obtaining a permit therefor from the chief of police.
(R. O. 1960, ch. 41, § 15.)
Sec. 20-11. Speeches in streets.
No person shall give any public address, speech or harangue in any street without permission therefor from the chief of police.
(R. O. 1960, ch. 41, § 16.)
Sec. 20-12. Sales in streets and sidewalks.
No auctioneer shall hold a sale upon any sidewalk or other thoroughfare in the city so as to obstruct or prevent the free and convenient use of the same by travelers thereon.
No person except newsboys selling newspapers shall stand in any street or on any sidewalk for the purpose of selling any articles or for the exercise of any business or calling unless otherwise allowed by law or by permission from the chief of police.
(R. O. 1960, ch. 10, pt. 3, § 2; ch. 41, § 17.)
Sec. 20-12.1. Roadside memorials.
No so-called "roadside memorial" shall be left on or within the boundaries of any public street, sidewalk or walkway for more than ninety days from the date of a fatal accident or occurrence. In cases where a death is caused by a fatal accident or occurrence in or along such public street, sidewalk or walkway, a permanent memorial sign may be applied for in accordance with this section by a member of the deceased's immediate family. "Immediate family" is defined for purposes of this article as the deceased's spouse, mother, father, sister, brother or child.
An immediate family member would have to submit a written request to the department of public works, within one hundred eighty days of the date of the fatality, requesting that a memorial sign be erected. Such a memorial sign request shall be accompanied by payment of a fifty-dollar fee. After the one hundred eighty-day time period has elapsed, no request for said permanent memorial sign shall be accepted.
The permanent memorial sign will be a round, eighteen-inch diameter, white sign with the words in blue lettering, "Drive Safely In Memory of (Deceased's Name)." The memorial sign will be installed on a pole, the top of the sign being located four and one-half feet from the ground.
(7-12-04.)
ARTICLE II. Sec. 20-13. Specifications– Generally.
No street shall be accepted, except as otherwise provided in this article, unless constructed and completed in accordance with the following specifications:
(a) A plan and profile on tracing cloth thirty-six inches long by twenty-four inches wide at a scale of one inch equal to forty feet horizontal and one inch equal to eight feet vertical shall be filed in the office of the director of public works, and he shall then fix the grade of such proposed street.
(b) Every such street shall be constructed not less than fifty feet in width and shall have a road bed equal to approximately two thirds of its width.
(c) The entire area of every such street shall first be cleared of all stumps, roots, brush and like material and all trees not intended for preservation. All trees intended for preservation shall be protected from injury by means of boxes or fenders.
(d) All loam and spongy material shall be removed from the limits of the street to such depth as may be approved by the director and may be deposited in piles or spread on either side of the street, but in no case within the limits of such street.
(e) All work in excavation or embankment shall be brought accurately to grade fixed by the director. No large stones shall be used for embankments without the approval of the director, nor shall any perishable material be used. All excavations and side slopes in excavation and on the adjoining land shall be at the ratio of at least one and one-half horizontal to one vertical to a subgrade eight inches below finished grade in the vehicular section, four inches on sidewalk and six inches on side slopes. All rocks and boulders shall be removed from the limits of the way to a point below the subgrade.
(f) Upon the properly shaped subgrade as indicated in paragraph (e), the necessary gravel shall be placed to bring same to the finished grade in the roadway and sidewalk areas, and a paved shoulder shall be installed to retain the sidewalk areas at their junction with the roadway area. After the gravel has been properly shaped and rolled to a true finished grade, an application of approximately five-eighths of a gallon of cold application tar per square yard shall be applied and covered lightly with a coarse sand. Within approximately two weeks, a second application of about three-eighths of a gallon of cold application tar per square yard shall be applied and sanded with a light application of sand. If necessary, the final application of tar and sand may be rolled to compress the top surface.
(g) All corners of intersecting streets shall be rounded to a twenty foot radius or as approved by the director, and granite bounds shall be set at all angles and at points of curves.
(h) Such street shall, if it has a continuous grade for more than four hundred feet, have catch basins and grates of kinds and dimensions approved by the director, built on both sides of the street and connected with a permanent drainage outlet, duly and permanently secured to the city by proper legal instruments.
(i) Any of the required specifications indicated in paragraphs (g) and (h) and indicated in that part of paragraph (f) which follows the third line thereof may be temporarily suspended by the city council upon a petition addressed to it pertaining to the proposed street subject, however, to the approval of the director.
(R. O. 1960, Ch. 10, pt. 1, § 2.)
Sec. 20-14. Same– exception to width requirement.
No street of less than fifty feet in width shall be laid out or accepted by the city unless actually opened and used for public travel prior to the effective date of this section or unless such laying out or acceptance is recommended by both the mayor and the director of public works.
(R. O. 1960. Ch. 10, pt. 1, § 1.)
Sec. 20-15. Construction and repairs.
Whenever the city is about to construct a new street or to break up the surface of any street, the director of public works shall at least two weeks before beginning work thereon notify the superintendent of the city water department, the Fitchburg and Leominster street railway company if using tracks thereon, the city gas light company, the city electric light and power company, the New England Telephone and Telegraph Company and the superintendent of wires. If such department or any of such companies have any work to be done in the street designated in the notice, it shall consult and arrange with the director in order that such works may be done before the surface of such street is prepared anew for public travel. He shall also notify the abutters on such street and all other persons and corporations interested therein by publishing a notice of the work proposed in a local newspaper one week at least before beginning such work, and if any abutter or other person desires to open such street to do any work therein, application for a permit shall be made forthwith in order that such work may be done before the surface of the street is prepared. After such notice and opportunity have been given, no department, company, abutter or person shall for the space of one year break up the surface of such street so prepared, except in case of obvious necessity, to be certified to and approved by the mayor. A permit to open a street will be issued by the director of public works upon the payment of a fee in the sum of one hundred dollars.
(R. O. 1960, Ch. 10, pt. 1, § 7; 6-8-87.)
ARTICLE III. Sec. 20-16. Permit– required generally.
No person shall break or dig up the ground or pavement in any public street, sidewalk or square or erect any staging for building thereon or place any materials, equipment or rubbish thereon without first obtaining from the director of public works a written permit which shall state the space in the street, sidewalk or square that may be occupied, the time allowed for such occupancy and such other provisions as the director may insert and without first filing with the director a written agreement under seal, approved by the director, to comply strictly with the terms of the permit and to indemnify the city against all loss, cost or expense that it may suffer by reason of such occupancy.
When a permit is issued by the director of public works where the flow of pedestrian or vehicular traffic may be impeded or rerouted, the terms of chapter 149, section 148 of the Annotated Laws of Massachusetts shall be made a condition of the permit. The department of public works and the petitioner shall notify the chief of police immediately and the chief of police or his duly authorized agent shall require the holder of the permit to procure at the holder's expense sufficient police detail furnished by the police department for the safety and convenience of the public. The chief of police shall notify the director of public works immediately whenever any police officer has not received the wages earned by him/her for any police detailed worked in violation of General Laws chapter 149, section 148 (payment of wages). The director of public works shall issue no permit to applicants whom the chief of police finds in violation until the applicant therefor, for a period of not less than one calendar year from the date of the violation, shall execute and deliver to the city a bond in the sum that equals the total wages of the police detail for each day allowed for such occupancy. All violations of the above conditions or terms of the permit shall be punished by a fine of not less than two hundred fifty dollars for the first offense, not less than five hundred dollars for the second offense. and not less than one thousand dollars for each and every subsequent offense.
(R. O. 1960, Ch. 10, pt. 1, § 3; 3-24-69; 11-10-86.)
Sec. 20-17. Same– for vaults, etc., under streets.
No person shall construct or maintain any area or vault for light and air or for the storage of coal, merchandise or other articles under the surface of any street or sidewalk without first obtaining a written permit therefor from the director of public works which shall contain such restrictions and conditions as to the dimensions and location of the proposed structure, the weight and character of its materials and its methods of construction as the director may deem necessary for the safety and convenience of the public. All such areas or vaults shall be limited to one half the width of the sidewalk.
(R. O. 1960, Ch. 10, pt. 3 § 3.)
Sec. 20-18. Cash security.
No person shall install any utility or other private connection into any public utility including water and sewer connections and/or renewals, drainage, drilling and all other types of excavation unless such person has delivered to the city a cash security in the sum of five thousand dollars for the faithful performance of such work he may execute, and to make good any defects in material or workmanship which may appear in the utility trench on account of work done by said insured contractor, and to remunerate the city and any person connected to such work for loss or damage occurring in consequences of any act done under any permit granted such contractor. The five thousand dollar cash security will be held for the two year guarantee period. Two years after the completion of the last permit work, a permittee can request the department of public works for release of the security. If all permit obligations have been met, the security will be returned in its entirety with interest.
(7-23-01.)
Sec. 20-19. Liability for maintenance.
No approval on the part of the director of public works of any materials, dimensions or method of construction shall in any way relieve the person maintaining such area or vault from full responsibility for its proper construction and maintenance.
(R. O. 1960, Ch. 10, pt. 3, § 6.)
Sec. 20-20. Removal of structure when space needed by city.
Whenever all or any part of the space occupied by any structure under this article shall be needed for laying sewers. water pipes or wires or for any other public purpose, the person maintaining such structure shall without expense to the city remove the same or make such alterations therein as may be required by the director of public works and shall in no event be enTitled to damage or compensation therefor.
IN GENERAL.
LAYING OUT, CONSTRUCTION AND ACCEPTANCE OF STREETS.
EXCAVATIONS.