City of North Adams, MA
Berkshire County
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Table of Contents
Table of Contents
[1]
Editor’s Note: Section 1 of an ordinance enacted 4-28-1981, and effective 7-1-1981, repealed §§ 7-1 — 7-7, which constituted former Ch. 7, “Electricity.” The deleted provisions were derived from ordinances adopted 12-13-1965; 11-25-1969; 12-23-1973; 3-24-1981.
Editor’s Note: See also Ch. 3, Building Code; Ch. 11, Library; Ch. 13, Traffic; Ch. 21, Streets and Sidewalks; and Ch. 24, Water, Sewers and Drains.
Cross References: Building Code, Ch. 3; library, Ch. 11; motor vehicles and traffic, Ch. 13; streets and sidewalks, Ch. 21; water, sewers and drains, Ch. 24.

Sec. 7-1 Establishment of Department.

Sec. 7-2 Commissioner of Public Services; office established.

Sec. 7-3 Commissioner to have direction and control.

Sec. 7-4 Reference elsewhere.

Sec. 7-5 Streets and Facilities Division established.

Sec. 7-6 Scope of Division.

Sec. 7-7 Powers and duties generally of Commissioner.

Sec. 7-7.1 Charges.

Sec. 7-8 Records of expenditures.

Sec. 7-9 Powers and duties in connection with tree planting, wood cutting, etc., on City watershed.

Sec. 7-10 Transfer station control.

Sec. 7-11 Disposal of waste at transfer station; charges.

Sec. 7-11.1 Mandatory recycling.

Sec. 7-11.2 (Reserved)

Sec. 7-12 Cemeteries.

Sec. 7-12.1 Cemetery Trustees.

Sec. 7-13 Records of burial lots, expenditures, etc.

Sec. 7-14 Perpetual care funds; investment; use of funds.

Sec. 7-15 Same—Receipt for payment.

Sec. 7-16 Same—Annual statement of money received.

Sec. 7-17 Same—Annual report of the City Treasurer.

Sec. 7-18 Driving vehicles in cemeteries.

Sec. 7-19 Price of lots and perpetual care.

Sec. 7-19.1 Resident to nonresident transfer fee.

Sec. 7-20 Parks and Recreation Commission - Established.

Sec. 7-21 Same—Appointment; terms of office.

Sec. 7-22 Same—Officers; quorum; rules and regulations.

Sec. 7-23 Same—Commission's duties.

Sec. 7-24 Parks and recreation director.

Sec. 7-25 Land jurisdiction of parks and recreation commission.

Sec. 7-26 Property on which recreational activities conducted.

Sec. 7-27 Rules for use of park and recreation facilities.

Sec. 7-28 Historic Valley Campground.

Sec. 7-29 Park manager.

Sec. 7-29.1 Windsor Lake Recreation Commission—Established.

Sec. 7-29.2 Same—Appointment-; terms of office; compensation.

Sec. 7-29.3 Same—Officers; quorum; rules and regulations.

Sec. 7-29.4 Same—Jurisdiction; powers and duties generally.

Sec. 7-29.5 Same—Annual report.

Sec. 7-30 Engineering division—Established.

Sec. 7-31 Same—Duties generally.

Sec. 7-32 Same—Duty to assist city solicitor.

Sec. 7-33 Same—Duty to inform persons about street lines and grades.

Sec. 7-34 Veterans' division established.

Sec. 7-35 Veterans' agent to be head of division; Qualifications.

Sec. 7-36 Duties of veterans' division generally.

Sec. 7-37 Library inclusion.

Sec. 7-38 Council for the aging.

Sec. 7-39 Severability clause.

Sec. 7-1 Establishment of Department.

[Ord. of 4-28-1981]
A Department of Public Services is hereby established. Said Department shall be composed of a Streets and Facilities Division, an Engineering Division, a Library Division and a Veterans' Division.

Sec. 7-2 Commissioner of Public Services; office established.

[Ord. of 4-28-1981]
There shall be a Commissioner of Public Services, who shall be appointed by the Mayor for a five-year term. The Commissioner of Public Services shall be compensated according to the compensation plan. Said Commissioner of Public Services shall not be subject to the provisions of Chapter 31 of the General Laws.

Sec. 7-3 Commissioner to have direction and control.

[Ord. of 4-28-1981]
The Department of Public Services shall be under the direction, control and supervision of the Commissioner of Public Services and subject to the Mayor. The Commissioner of Public Services shall have the right to delegate, apportion or transfer his powers and duties to and among the various divisions of his Department, and shall promulgate regulations and rules for the various divisions.

Sec. 7-4 Reference elsewhere.

[Ord. of 4-28-1981]
Any reference to "Commissioner of Public Works" elsewhere in these Revised Ordinances shall be deemed to mean Commissioner of Public Services as herein provided.

Sec. 7-5 Streets and Facilities Division established.

[Ord. of 4-28-1981]
A Streets and Facilities Division is hereby established. Said Division shall be made up of such employees as provided in the classification and compensation plans.

Sec. 7-6 Scope of Division.

[Ord. of 4-28-1981]
Said Streets and Facilities Division shall be responsible for all streets, highways, water systems and facilities, sewer systems and facilities, the cemeteries, all park and recreation facilities, operations, maintenance and repairs and the Historic Valley Campground maintenance and repairs.

Sec. 7-7 Powers and duties generally of Commissioner.

[Ord. of 4-28-1981; Ord. of 3-9-2004]
The Commissioner of Public Services shall have supervision, direction and control of:
(a) 
The construction, alteration, repair, care and lighting of streets, ways and sidewalks.
(b) 
The construction, alteration, repair and care of public sewers and drains, including administration of the cross-connection program.
(c) 
The construction, alteration, repair, care and maintenance of public bridges, except those bridges under the control of the Massachusetts Department of Public Works.
(d) 
The construction, extension, alteration and repair of the public waterworks.
(e) 
The care, superintendence and management of the public grounds, including parking lots, belonging to the City, except such grounds as are under the control of the School Committee and Parks and Recreation Commission, and the shade and ornamental trees standing and growing therein.
The Commissioner of Public Services may require that no person or corporation authorized by the City Council to dig up any public street or sidewalk shall begin such digging before furnishing to the Commissioner security satisfactory to him to restore such street or sidewalk to its former condition.
(f) 
The general supervision of all tree planting, wood cutting and reforestation on the watersheds.
(g) 
The Commissioner shall also, except as herein otherwise provided, have exclusively the powers and be subject to the duties, liabilities and penalties which may be by law given to or imposed upon Road Commissioners of towns.
(h) 
All parks, playgrounds, camping areas and recreation facilities within the City.
(i) 
All cemeteries within the City.
(j) 
The Veterans' Division.
(k) 
The librarian.
(l) 
The employees of the Council for the Aging.
(m) 
The employees of the Engineering Division.

Sec. 7-7.1 Charges.

[Ord. of 9-28-1982; Ord. of 2-9-1988; Ord. of 7-28-1998; Ord. of 6-27-2000; Ord. of 6-25-2002; Ord. of 9-24-2002; Ord. of 6-10-2003; Ord. of 3-9-2004; Ord. of 10-12-2004; Ord. of 9-12-2006; Ord. of 4-22-2008[1]]
The Commissioner of Public Services shall impose the following charges to consumers for the following services:
(1) 
Resident, water pipe or meter thawing:
Business hours: $40.
Nonbusiness hours: $60.
(2) 
Nonresident or commercial, water pipe or meter thawing: $150 for the first hour and $50 per hour thereafter.
(3) 
Water meter shut off or turn on: $40.
(4) 
Street opening permit: $100.
(5) 
Sewer connections in Clarksburg:
(a) 
One-family house: $200 per year.
(b) 
Two-family house: $375 per year.
(c) 
Three-family house: $475 per year.
(d) 
More than three families: $175 per year per unit.
(e) 
Entrance fee: $1,000.
(6) 
Curb cutting services:
(a) 
Granite curb and cement concrete walk: $4 per square foot.
(b) 
Integral curb and walk, cement concrete: $5 per square foot.
(c) 
Concrete curb with cement concrete walk: $4 per square foot.
(d) 
Granite or concrete curb, no walk: $10 per linear foot.
(e) 
Granite or concrete curb, bituminous concrete walk: $3 per square foot.
(7) 
Sewer connections:
(a) 
Connection fee (except for West Shaft Road): $300.
Connection fee to existing West Shaft Road Line: $2,000.
(b) 
Gravel or dirt road excavation: $15 per linear foot.
(c) 
Surface treated road excavation: $18 per linear foot.
(d) 
Blacktop or Macadam surface excavation: $20 per linear foot.
(e) 
Concrete or brick surface excavation: $26 per linear foot.
(f) 
City labor force work to lay pipe: $18 per linear foot.
(g) 
Annual cross-connection test: $50 per device.
Retest of failed device: $25 per device.
(h) 
Cross-connection survey: $35 per hour.
(8) 
Sewer usage charges for those entities exempt from City property taxes: 100% of water charges.
[1]
Editor's Note: This ordinance also stated that charges shall have an effective date of 6-1-2008.

Sec. 7-8 Records of expenditures.

[Ord. of 4-28-1981]
The Commissioner of Public Services shall keep or cause to be kept a set of suitable records and shall record therein the accounts of expenditures of the various divisions of his Department, which records shall show the expenditures for construction and extension separate from the accounts, for maintenance, and shall keep them with such particularity as to properly differentiate, between the various divisions, the cost and expense thereof and of the various types of work undertaken by each division.

Sec. 7-9 Powers and duties in connection with tree planting, wood cutting, etc., on City watershed.

[Ord. of 4-28-1981]
The Commissioner of Public Services shall have general supervision of all tree planting, wood cutting and reforestation on the watersheds owned by the City. He shall keep, have custody of, and be responsible for complete and accurate records of all operations, which records shall be open to the public, including a record of all types of trees planted, wood and timber cut, number of board feet cut, all exact locations of tree planting, wood cutting and reforestation.
The sale of any such standing wood or timber on the watersheds owned by the City shall be under the direction and supervision of the Commissioner of Public Services, and the sale and cutting thereof shall be conducted and performed only under contract in pursuance of bids publicly advertised for and publicly opened, which such advertisements shall in all particulars be substantially in conformity with practice commonly established and used by the Commonwealth of Massachusetts relating to such advertisements for such bids.
Full performance of the contract of sale by the bidder shall be supervised by the Commissioner of Public Services.
No sale of such standing wood or timber shall be valid unless the provisions of this section are complied with.

Sec. 7-10 Transfer station control.

[Ord. of 4-28-1981; Ord. of 6-9-1992]
The Commissioner of Public Services or his designee shall have control, supervision and responsibility for the operation of the transfer station, and related activities. Said transfer station shall be operated in conformity with all applicable laws, rules and regulations. As part of these duties, the Commissioner of Public Service will ensure that a copy of Section 7-11, entitled "Disposal of waste at transfer station; charges," is posted in a conspicuous location in the vicinity of the transfer station. Additionally, the Commissioner of Public Services will ensure that a list of recyclable materials (both mandatory and voluntary) be posted in a conspicuous location in the vicinity of the transfer station.

Sec. 7-11 Disposal of waste at transfer station; charges.

[Ord. of 4-28-1981; Ord. of 9-28-1982; Ord. of 12-23-1986; Ord. of 3-24-1987; Ord. of 2-27-1990; Ord. of 1-14-1992; Ord. of 6-23-1992; Ord. of 11-10-1992; Ord. of 2-23-1993; Ord. of 5-25-1993; Ord. of 12-28-1993; Ord. of 2-8-1994; Ord. of 3-8-1994; Ord. of 5-24-1994; Ord. of 5-23-1995; Ord. of 10-22-1996; Ord. of 10-14-1997; Ord. of 6-9-1998; Ord. of 12-26-2001; Ord. of 6-10-2003; Ord. of 10-12-2004; Ord. of 7-11-2006; Ord. of 4-22-2008;[1] Ord. of - -2008; Ord. of 5-26-2009; Ord. of 3-8-2011]
(a) 
For the purposes of this section, the following terms, phrases, words and their derivations shall have the meanings given herein; unless the context in which they are used clearly requires a different meaning:
Appliances: Refrigerators, freezers, washing machines, dryers, stoves, ranges, water heaters, air conditioners, humidifiers and dehumidifiers.
Bag: That nonreusable device purchased from the City of North Adams for the sole purpose of the disposal of refuse.
Building materials: Materials derived through the demolition, renovation, rehabilitation or construction of new and existing buildings or structures, except City projects exempted with the approval of the Mayor. Effective July 1, 2006, demolition materials consisting of asphalt pavement, brick and/or concrete are prohibited from disposal at the transfer station.
Commercial business: Any business, company, corporation or private enterprise.
Commercial trash hauler: Any trash hauler which has a current common carrier permit issued by the State Department of Public Utilities.
Compost material: Leaves and grass clippings.
General refuse: Material consisting of general household trash and garbage. Household refuse other than garbage shall be categorized as either building materials or noncompacting materials at the discretion of the transfer station scale operator.
Mixed load: Any combination of general refuse, brush, cord wood, pallets, wooden crates, building materials and debris, metal, appliances, recyclable material and compost material.
Noncompacting material: Those materials that are not capable of being compacted by use of reasonable and normal means, including, but not limited to, mattresses, box springs, couches, chairs, furniture and other items.
Nonresident: Any person not residing within the City limits and whose residence lies in a community having an agreement with the City of North Adams for the disposal of waste.
Part-time resident: Any person residing within the City limits less than 12 months per year.
Recyclable material: All glass, cans, newsprint, other recyclable paper and other materials appearing on the latest addition of the acceptable materials list published by the Material Recovery Facility (MRF) and any other material deemed economically and technically appropriate for recycling by the Commissioner of Public Services.
Resident: Any person residing within the City limits 12 months per year.
Wood: Any wooden material, including, but not limited to, lumber, broken-down furniture or construction debris, painted or unpainted, treated or untreated.
(b) 
The Commissioner of Public Services shall impose the following fees for use of the City's transfer station for the following services effective July 1, 1992:
Commercial
(1) 
All commercial trash haulers shall pay license fees in accordance with the fee structure contained in Regulation 3, Section c, of the rules and regulations of the Board of Health of the City of North Adams for the operation of a Facility for Solid Waste Disposal by Sanitary Landfill for the City of North Adams in order to operate within the City of North Adams.
(2) 
All commercial businesses desiring to enter and utilize the transfer station shall pay a fee of $85 for a primary permit; and $85 for each additional vehicle registered to the same commercial business when purchased together. Permits are renewable on July 1 of each calendar year.
(3) 
Admission to the transfer station will not be allowed to any commercial business which does not have a permit attached to a window on said vehicle. All permits are nontransferable and may only be affixed to vehicles owned by the commercial business. (This paragraph to become effective July 1, 1994.)
(4) 
Rates.
[Ord. of 5-26-2015; Ord. of 6-28-2016]
General refuse: $0.0506 per pound effective July 1, 2016
Brush and cord wood: $6 per cubic yard
Brush and cord wood limited to four feet in length maximum
Building materials and debris: $0.0475 per pound
Metal, excluding appliances: $0.06 per pound
Appliances: $50 per appliance
Recyclable material: $25 per ton, except the Northern Berkshire Solid Waste Management
District is $30 per ton
Compost material: no charge
Car tires: $4 per tire
Car tires with rims: $6 per tire
Truck tires equal to or smaller than size 1100-20: $20 each
Truck tires larger than size 1100-20: $35 each
Truck tires with rims: $10 per tire in addition to the above listed charges
Noncompacting material: $15 per piece
Wood: $0.10 per pound, minimum charge $2
Mixed loads will be charged at the highest category rate of those categories comprising the mixed load.
(c) 
The Commissioner of Public Services shall impose the following fees for use of the City's transfer station for the following services effective July 1, 1992.
Residential
(1) 
All residents desiring to enter and utilize the transfer station will be required to pay a fee of $60 for a primary permit; $5 for each additional vehicle in the same household when purchased together. Permits are renewable on July 1 of each calendar year.
(2) 
All residents, including part-time residents, desiring to enter and utilize the transfer station from January 1 to June 30 will be required to pay a fee of $35 for a primary permit and $5 for each additional vehicle in the same household when purchased together.
(3) 
All residents, including part-time residents, desiring to enter and utilize the transfer station on a monthly basis will be required to pay a fee of $20 per month for a temporary permit; the total fee for the temporary permit is to be based on the temporary fee rate and the number of months the temporary permit is to be valid.
(4) 
Admission to the transfer station will not be allowed to any personal vehicle which does not have a permit attached to a window on said vehicle. All permits are nontransferable and may only be affixed to vehicles owned by residents or affixed to vehicles owned by persons residing in the same household.
(5) 
Rates.
[Ord. of 5-26-2015]
General refuse: $0.0472 per pound effective July 1, 2015
Brush and cord wood: $6 per cubic yard
Building materials and debris: $0.0475 per pound
Metal, excluding appliances: $0.06 per pound
Appliances: $50 per appliance
Recyclable material: no charge
Compost material: no charge
Car tires: $4 per tire
Car tires with rims: $6
Truck tires equal to or smaller than size 1100-20: $20 each
Truck tires larger than size 1100-20: $35 each
Truck tires with rims: $10 per tire in addition to the above listed charges
Noncompacting material: $15 per piece
Wood: $0.10 per pound, minimum charge $2
Minimum scale charge: $6
Mixed loads will be charged at the highest category rate of those categories comprising the mixed load.
(d) 
No persons, associations, partnerships or corporations engaged in any form of business or commercial activity shall be allowed to purchase a transfer station permit and attach it to a truck or pickup truck owned by them. Persons, associations, partnerships or corporations engaged in any form of business or commercial activity who use the transfer station shall be charged in accordance with the commercial rates.
(e) 
The Commissioner of Public Services shall impose the following fees for use of the City's transfer station for the following services effective July 1, 1994:
Nonresident
(1) 
All nonresidents desiring to enter and utilize the transfer station will be required to pay a fee of $80 for a primary permit. No additional permits, other than the primary permit will be made available to nonresidents. Permits are renewable on July 1 of each calendar year.
(2) 
All nonresidents desiring to enter and utilize the transfer station on a monthly basis will be required to pay a fee of $30 for a temporary permit. The total fee for the temporary permit is to be based on the temporary fee rate and the number of months the temporary permit is to be valid.
(3) 
Admission to the transfer station will not be allowed to any personal vehicle which does not have a permit attached to a window on said vehicle. All permits are nontransferable and may only be affixed to vehicles owned by the purchasing nonresident or affixed to vehicles owned by persons residing in the same household.
(4) 
Rates:
[Ord. of 5-26-2015]
General refuse: $0.0472 per pound effective July 1, 2015
Brush and cord wood: $6 per cubic yard
Building materials and debris: $0.0475 per pound
Metal, excluding appliances: $0.06 per pound
Appliances: $50 per appliance
Recyclable material: no charge
Compost material: no charge
Car tires: $4 per tire
Car tires with rims: $6
Truck tires equal to or smaller than size 1100-20: $20 each
Truck tires larger than size 1100-20: $35 each
Truck tires with rims: $10 per tire in addition to the above listed charges.
Noncompacting material: $15 per piece
Wood: $0.10 per pound, minimum charge $2
Minimum scale charge: $6
Mixed loads will be charged at the highest category rate of those categories comprising the mixed load.
(f) 
The Commissioner of Public Services shall impose the following fees for accepting specific household electronics at the City's transfer station. Such fees will apply to commercial, residential and nonresidential use:
(1)
Television up to 27-inch screen
$25
(2)
Television 28-inch to 42-inch screen
$30
(3)
Television 42-inch screen or greater
$40
(4)
Television with a wood console
$40
(5)
Projection television
$60
(6)
Microwave
$20
(7)
Computer monitor
$20
(8)
Computer keyboard
$5
(9)
Computer tower
$10
(10)
Computer printer
$15
(11)
VCR/DVD
$10
(12)
Video cameras
$10
(13)
Residential copier
$25
(14)
Audio components: (receiver/tape deck/CD deck)
$10
(g) 
No disposal of any type will be allowed on Sundays or holidays.
(h) 
Violation of any section of this section shall be punishable by a fine of not less than $100 nor more than $300.
All funds generated from the operation of the transfer station shall not be expended, but shall be accounted for in a separate ledger account marked "Transfer Station Receipts," and such funds shall be in each fiscal year reserved for future appropriation. It is the intent of this section to reserve these funds for transfer station operating costs, capital expenditures at the transfer station, and future landfill closure costs, as the City Council in any fiscal year shall deem appropriate.
[1]
Editor's Note: This ordinance provided that all permit increases shall become effective for Fiscal Year 2009.

Sec. 7-11.1 Mandatory recycling.

[Ord. of 6-27-1989; Ord. of 1-8-1991; Ord. of 12-28-1993; Ord. of 9-28-1999; Ord. of 7-11-2006]
(a) 
There is hereby established a program for mandatory separation of certain recyclable materials from garbage or rubbish by all persons and businesses in the City of North Adams.
(b) 
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context in which they are used clearly require a different meaning. The word "shall" is always mandatory and not merely directory:
COMPOST MATERIAL
Shall mean leaves and grass clippings.
DWELLING
Shall mean every building or shelter, including but not limited to rooming houses and temporary housing used or intended for human habitation.
DWELLING UNIT
Shall mean the room or groups of rooms within a dwelling used or intended for use by a person, one family or household for living, sleeping, cooking and eating.
PERSONS
Shall mean any individual, business, trust, firm, partnership, association, corporation, company, enterprise or organization of any kind.
RECYCLABLE MATERIAL
Shall mean all materials listed as acceptable by the Material Recovery Facility (MRF) and any other material deemed economically and technically appropriate for recycling by the Director of Health-Sanitarian.
WASTE MATERIAL
All materials except compost material, recyclable material, and all materials not listed in the State Waste Bans.
(c) 
All persons shall separate waste materials into the following categories before depositing same for disposal at the transfer station/recycling center:
(1) 
Unbroken glass jars and bottles or similar products except blue and flat glass commonly known as "window glass"; dishes and crockery; aluminum and ferrous metal cans and lids, except those which contain paint or petroleum-based solvents and any pressurized aerosol cans.
(2) 
White and colored paper, newspaper, magazines, paper bags, paperboard boxes, except those which contained cereal or other food items, unwaxed and uncoated corrugated boxes and cardboard, and any other unsoiled paper, except envelopes containing plastic windows, wax or plastic cereal box liners and coated cardboard cartons.
(3) 
Yard waste and leaves.
(4) 
Construction and demolition debris, excluding asphalt pavement, brick and concrete.
(5) 
White goods.
(6) 
Whole tires.
(7) 
Metal.
(8) 
Wood.
(9) 
All other waste items.
(d) 
Persons shall deposit materials at the transfer station/recycling center that are separated into categories (1) and (2) as set forth in Subsection (c) into the proper containers provided for that purpose by the City of North Adams. All corrugated paper shall be flattened. All glass, aluminum and ferrous metal cans and lids shall be rinsed with water.
(e) 
The owner of any dwelling that contains two or more dwelling units shall be responsible for providing as many receptacles for the storage of waste materials as are sufficient to contain the accumulation before the final collection or ultimate disposal. The owner shall provide separate designated receptacles so that the occupants of the dwelling can separate waste material into the categories set forth in Subsection (c). Occupants of the dwelling shall separate waste materials into the categories set forth in Subsection (c) and deposit said waste materials into the proper designated receptacles designated for the category of waste material. Such receptacles shall be made of metal or other durable, rodent proof material and shall be located in an area reasonably accessible to the occupants.
(f) 
Any person, business, company or corporation engaged in the business of hauling waste materials will not knowingly dispose of waste materials at the transfer station/recycling center that have been separated into the categories set forth in Subsection (c) which should instead be recycled. Any person, business, company or corporation engaged in the business of hauling waste materials who attempts to deposit or who has subsequently been identified as having deposited at the transfer station/recycling center waste materials that have not been properly separated into the categories set forth in Subsection (c) must provide, insofar as is possible, the enforcing officer with the name and address of the person who generated the waste material. Failure to provide such names and addresses as can be reasonably ascertained shall constitute a violation of this section, and the waste material will not be allowed to be deposited at the transfer station/recycling center until such waste material has been separated into the categories set forth in Subsection (c).
(g) 
The provisions of this section shall be enforced by the Director of Health-Sanitarian or his/her designees and the Administrative Officer.
(h) 
It will be the responsibility of the person, business, company or corporation engaged in the business of hauling waste materials to ensure that their loads, whether of residential, commercial or industrial origin, comply with these requirements.
(i) 
Any violation of this section shall be subject to the following action:
(1) 
First violation: verbal and written warning to the offending person, business, company or corporation. (This subsection to become effective November 29, 1999.)
(2) 
Second violation: A subsequent offending load will be charged at twice the normal tipping fee. (This subsection to become effective March 27, 2000.)
(3) 
Third violation: The offending person, business, company or corporation will be banned from using the transfer station/recycling center for a period of two weeks. Repeated violations may result in longer term or permanent banning from the transfer station/recycling center. (This subsection to become effective October 2, 2000.)
(j) 
In addition to the procedures for enforcement set forth in Subsection (i) described, the provisions of this section may also be enforced by the Director of Health-Sanitarian or his/her designees or the Administrative Officer by noncriminal complaint pursuant to City Ordinances Chapter 29 and to the provisions of General Laws, Chapter 40, Section 21D. Each day on which a violation exists shall be deemed a separate offense. For the purpose of this provision the penalty to apply in the event of a violation shall be as follows: a written warning for the first offense; $50 for the second and subsequent offenses.

Sec. 7-11.2 (Reserved) [1]

[1]
Editor's Note: Former Section 7-11.2, Illegal dumping, added 1-14-1992, was repealed 12-28-1993.

Sec. 7-12 Cemeteries.

[Ord. of 4-28-1981]
All municipal cemeteries shall be under the management and control of the Commissioner of Public Services. Said Commissioner of Public Services shall have the sole care, superintendence and management of all municipal cemeteries, may lay out existing municipal burial grounds or any land purchased, given or taken by eminent domain and set apart by the City for cemeteries in lots or other suitable subdivisions, with proper walks and roads, and shall set apart a suitable portion thereof as a public burial place for the use of the inhabitants of the City free of charge. He may plant, embellish, ornament and fence the same and erect therein such suitable edifices and conveniences and make such improvements as he considers convenient. He shall be responsible for the drafting of a complete set of plans showing the location of all burial lots in the municipal cemeteries and shall maintain a copy of such plans in the office of the City Clerk.

Sec. 7-12.1 Cemetery Trustees.

[Ord. of 4-28-1981]
A Cemetery Board of Trustees is hereby established, consisting of three members appointed by the Mayor for terms of one, two and three years, respectively in order of appointment, and each member thereafter for a term of three years. Said Trustees shall serve without compensation and shall be residents of the City.
The Cemetery Board of Trustees shall serve as an advisory board to the Commissioner of Public Services in the furtherance of his duties under these Revised Ordinances.

Sec. 7-13 Records of burial lots, expenditures, etc.

[Ord. of 4-28-1981]
The Commissioner of Public Services shall keep a true and accurate record of the sale and ownership of burial lots and all burials and all receipts and expenditures.

Sec. 7-14 Perpetual care funds; investment; use of funds.

[Ord. of 4-28-1981]
All money intended for perpetual care of City cemetery lots shall be paid to the City Treasurer who shall, unless otherwise provided or directed by the donor thereof, place such sums at interest in a savings bank, trust company or national bank located in the City, or invest the same in cooperative bank shares or in other securities which are legal investments for savings banks in Massachusetts, and shall apply the accrued interest, or dividends thereon, to be credited in December in each year thereafter to the care of such lots. Such funds, moneys or securities shall be entered upon the books of the Treasurer as trust funds for the perpetual care of cemetery lots.

Sec. 7-15 Same—Receipt for payment.

[Ord. of 4-28-1981]
The City Treasurer shall, when a payment for perpetual care is made, give the person making the payment an agreement or obligation in the following form:
"The City of North Adams acknowledges the receipt from _____ of the sum of__________ dollars, paid for the perpetual care and improvement of Lot No. _____ in the cemetery in said city, under the provisions of the statutes.
"The city agrees therefore, unless otherwise provided or directed by the donor thereof, to place such sum at interest in a savings bank, trust company or national bank located in the city, to invest same in cooperative bank shares or in other securities which are legal investments for savings banks, and to apply the accrued interest thereon, to be credited in December in each year thereafter, to the care of said lot.
"Should the city officer charged with the care of said lot hereunder deem it unnecessary to expend in any year the full amount of interest credited, the city shall retain the amount not needed and add the same to the principal of the fund as an accumulation, unless requested in writing by the donor to expend the full amount in that year, and interest shall be allowed on such accumulation as part of the principal."

Sec. 7-16 Same—Annual statement of money received.

[Ord. of 4-28-1981]
The City Treasurer shall annually in December make a statement to the Commissioner of Public Services, showing the amount of income received from the funds which may be expended for the care of the lots.

Sec. 7-17 Same—Annual report of the City Treasurer.

[Ord. of 4-28-1981]
The City Treasurer shall in his annual report make a statement showing the liability of the city in connection with perpetual care funds and securities, and in addition thereto give a detailed statement of each deposit made under the provisions of this chapter during the year.

Sec. 7-18 Driving vehicles in cemeteries.

[Ord. of 4-28-1981]
No person shall drive or cause to be driven any automobile or motor vehicle of any kind in or through any public cemetery or burial grounds, except in compliance with the rules and regulations prescribed by the Commissioner of Public Services.

Sec. 7-19 Price of lots and perpetual care.

[Ord. of 4-28-1981; Ord. of 7-9-1991; Ord. of 11-25-1997; Ord. of 5-8-2007; Ord. of 9-10-2014]
The Commissioner of Public Services shall sell lots in the name of the City and perpetual care for the same on a basis of the following schedule of prices:
Resident
Type Lot
Price of Lot
Perpetual Care
Total Price
Single grave
$400
$100
$500
2 graves
$800
$200
$1,000
4 graves
$1,600
$400
$2,000
Nonresident
Type Lot
Price of Lot
Perpetual Care
Total Price
Single grave
$700
$200
$900
2 graves
$1,400
$400
$1,800
4 graves
$2,800
$800
$3,600

Sec. 7-19.1 Resident to nonresident transfer fee.

[Ord. of 9-24-1991]
Any cemetery lot transferred to a nonresident by a resident shall be subject to a fee in accordance with the following schedule:
Type Lot
Price of Lot
Perpetual Care
Total Price
Single Grave
$260
$60
$320
2 Graves
$520
$120
$640
4 Graves
$1,040
$240
$1,280
8 Graves
$2,080
$480
$2,560
12 Graves
$3,120
$720
$3,840

Sec. 7-20 Parks and Recreation Commission - Established.

[Ord. of 4-28-1981; Ord. of 2-22-1983]
A parks and recreation commission is hereby established, and shall consist of seven members, who shall be residents of the city.

Sec. 7-21 Same—Appointment; terms of office.

[Ord. of 4-28-1981; Ord. of 2-22-1983]
The Mayor shall, in the month of April, in every year, appoint a member of the Commission to serve for a term of five years, beginning on the first day of May. The terms of appointment shall be arranged so that beginning with the year 1983, with the increase in Commission membership from five to seven members, the term of three members shall expire on the first day of May in the year 1988 and every fifth year thereafter. The terms of the remaining members will be so arranged so that not more than one member shall expire each year beginning with the year 1984.

Sec. 7-22 Same—Officers; quorum; rules and regulations.

[Ord. of 4-28-1981]
The parks and recreation commission shall annually meet and organize by choosing a chairman and secretary from among their own number, and a majority of the commission, shall constitute a quorum for the transaction of business. The commission may make such rules and regulations for its own government and in relation to its officers as it may deem expedient and proper.

Sec. 7-23 Same—Commission's duties.

[Ord. of 4-28-81; Ord. of 3-27-1990]
The parks and recreation commission shall serve as an advisory commission to the commissioner of public services, or other person in charge of the parks and recreation facilities of the city, relative to programs, maintenance and administration of the parks, recreation facilities of the city.
It shall be the duty of the parks and recreation commission to plan all facilities as are deemed appropriate and practical to afford to the people opportunity for the employment of their leisure time in wholesome community recreation and activity, and to organize and supervise whatever provisions are now existing or which are hereafter made by the city for park purposes, for swimming and beaches, indoor and outdoor recreation, social centers, music, dances and all similar and related public park and recreational activities.

Sec. 7-24 Parks and recreation director.

[Ord. of 4-28-1981]
The mayor may appoint an executive director of parks and recreation, who shall be compensated according to the compensation plan. Said executive director shall meet with the parks and recreation commission, and shall perform such duties as prescribed by the commissioner of public services.

Sec. 7-25 Land jurisdiction of parks and recreation commission.

[Ord. of 4-28-1981; Ord. of 3-27-1990]
Subject to section 7-23 of these [Revised] Ordinances, the parks and recreation commission shall have general care and charge of the Veterans Memorial Drive, Colegrove Park, Kemps Park, Noel Field, Greylock Field, and all playgrounds not under the control of the school committee which are used for the summer playground program of the commission shall be under the control, general care and charge of the commission during the summer vacation period when school is not in session.

Sec. 7-26 Property on which recreational activities conducted.

[Ord. of 4-28-81]
The parks and recreation commission may conduct its activities on property under its control, on other public property under the control of any other public officers or boards, with the consent of such officers or boards, or on private property with the consent of the owners.

Sec. 7-27 Rules for use of park and recreation facilities.

[Ord. of 4-28-1981; Ord. of 6-14-88]
(1) 
Erection of structures. No person shall construct or erect any building or structure less than 600 square feet in area of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon or across such lands, except on special written permission of the commissioner of public services.
(2) 
Permits for sports, games and use of premises. Permits for sports or games or use of public parks, recreation areas and playgrounds under the jurisdiction of the park and recreation commission may be issued by the commissioners.
Permits for such sports, games or for the use thereof are not transferable and are valid only when the game, contest or use is to be exercised between the teams specified thereon, or the persons permitted the use thereof.
Games, sports or the use of the premises authorized under permits must be conducted between the hours specified on the permit and such games, sports or use must be started sufficiently early to allow for their termination within the specified time. The commission may prescribe other conditions in such permits.
The fee or charge, if any, for use of land under the jurisdiction of the commission shall be determined by the commission.
(3) 
Damage generally, etc., to property. No person shall willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts of appurtenances thereof, signs, notices or placards, whether temporary or permanent, monuments, stakes, posts or other boundary markers, or other structures or equipment, facilities or park property or appurtenances whatsoever, either real or personal, under the jurisdiction of the park and recreation commission.
(4) 
Removal or excavation of natural resources generally. No person shall dig or remove any beach sand, whether submerged or not, or any soil, rock, stones, trees, shrubs or plants, down timber or other wood or materials, or make any excavation by tool, equipment, blasting or other means or agency.
(5) 
Injuring, etc., trees, shrubs, lawns, etc.; climbing walking, etc., in unauthorized places. No person shall damage, cut, carve, transplant or remove any tree or plant or injure the bark, or pick the flowers or seeds, of any tree or plant under the jurisdiction of the park and recreation commission. Nor shall any person attach any rope, wire, or other contrivance to any such tree or plant. No person shall dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any such park or recreation area. No person shall climb any tree or walk, stand or sit upon monuments, vases, fountains, railings or fences under the jurisdiction of the park and recreation commission or upon any other such property not designated or customarily used for such purposes.
(6) 
Maintenance of restrooms and washrooms. No person shall fail to cooperate in maintaining restrooms and washrooms under the jurisdiction of the park and recreation commission in a neat and sanitary condition.
(7) 
(Reserved)
(8) 
(Reserved)
(9) 
Disorderly conduct. No person shall behave himself in a disorderly manner on any land under the jurisdiction of the park and recreation commission. The commission or its authorized agents, assistants or employees has the right to bar any person guilty of disorderly conduct on the land under the jurisdiction of the commission for such length of time as the commission deems reasonable and proper.
(10) 
Traffic regulations. No person in a park, playground or recreational area shall:
(a) 
State motor and vehicle laws apply. Fail to comply with all applicable provisions of the state motor vehicle traffic laws in regard to equipment and operation of vehicles together with such regulations as are contained in this section and Chapter 13 and other ordinances.
(b) 
Enforcement. Fail to obey all traffic officers and recreational employees, such persons being hereby authorized and instructed to direct traffic in park and recreational areas.
(c) 
Obedience to traffic signs and markings. Fail to observe carefully all traffic signs indicating speed, direction, caution, stopping or parking, and all others posted for proper control and to safeguard life and property.
(d) 
Speed of vehicles. Ride or drive a vehicle at a rate of speed exceeding 15 miles an hour, except as otherwise designated by posted signs.
(e) 
Operation confined to roads and parking areas. Drive any vehicle on any area except the roads, or parking area, or such other areas as may be specifically designated by the park and recreation commission or its duly authorized agents, assistants or employees.
(f) 
Parking. Park a vehicle in other than an established or designated parking area in a park, playground or recreational area, and such use shall be in accordance with the posted directions thereat and with the instructions of any officer or recreational employee who may be present.
(11) 
Bathing, swimming and boating.
(a) 
Designated areas. No person shall swim, bathe or wade in any water except in such places designated by the park and recreation commission therefor.
(b) 
Hours. No person shall frequent or use any water areas under the jurisdiction of the park and recreation commission for swimming or bathing or congregate thereat; except between such hours of the day and on such days as shall be designated by the commission.
(c) 
Costume. No person shall allow himself to be so covered with a bathing suit as to indecently expose his person or call forth merited criticism.
(d) 
Bathhouses. No person shall dress or undress on any beach or in any vehicle, toilet or other place, except in such bathhouses or structures as may be provided for that purpose.
(e) 
Boating. No person shall bring into or operate any boat, raft or other watercraft, whether motor-powered or not, upon any waters under the jurisdiction of the park and recreation commission, except at places designated for same by the commission.
(f) 
Air-inflated objects. No person shall bring into or use upon any waters any air-inflated object except at places designated for same by the commission.
(12) 
Picnic areas and picnickers. No person shall:
(a) 
Regulated. Picnic or lunch in a place other than those designated for that purpose. Officers or recreational personnel shall have the authority to regulate the activities in such areas when necessary to prevent congestion and to secure the maximum use for the comfort and convenience of all. Visitors shall comply with any directions given to achieve this end.
(b) 
Tables, benches and fireplaces. The use of individual fireplaces together with tables and benches shall follow the rule of, "first come, first served," and the use of any portion of the picnic area for the purpose of holding picnics to the exclusion of other persons is hereby prohibited.
(c) 
Duty of picnicker. No person using the picnic area shall leave same before completely extinguishing any fire and before all trash, waste and refuse are discarded, boxes, paper, cans, bottles and garbage are properly disposed of in disposal receptacles provided therefor. If no such receptacles are available, the refuse and trash shall be carried away from the area to be properly disposed of elsewhere.
(13) 
Intoxicating beverages. No person shall bring into, expose or consume any intoxicating beverages on any area where same is prohibited by the park and recreation commission.
(14) 
Gambling. Gambling in any and all forms is prohibited on all lands under the jurisdiction of the park and recreation commission.
(15) 
Sale of food, beverages, goods, wares and merchandise. No person shall sell or offer for sale on any park, playground or recreational area, food, beverages, goods, wares or merchandise, except as provided in section 7-27 and in the following paragraph.
The park and recreation commission may provide concession booths or stands on lands under its jurisdiction, to sell food, beverages, goods, wares or merchandise that are incidental to the use thereof, and may lease for a period of time not to exceed, three years, to a person submitting the highest bid therefor, after inviting bids by public advertisement, such concession booths or stands.

Sec. 7-28 Historic Valley Campground.

[Ord. of 3-23-2010]
The Commissioner of Public Services or his designee or the Mayor's designee shall have jurisdiction over the Historic Valley Park Campground, subject to the Windsor Lake Recreation Commission pursuant to section 7-29.4 of these Revised Ordinances.

Sec. 7-29 Park manager.

[Ord. of 4-28-1981; Ord. of 3-23-2010]
The Commissioner of Public Services or his designee or the Mayor's designee shall appoint a part-time park manager who shall be compensated according to the compensation plan.

Sec. 7-29.1 Windsor Lake Recreation Commission—Established.

[Ord. of 3-27-1990; Ord. of 3-23-2010]
A Windsor Lake Recreation Commission is hereby established, and shall consist of five members, who shall be residents of the City.

Sec. 7-29.2 Same—Appointment-; terms of office; compensation.

[Ord. of 3-27-1990; Ord. of 3-23-2010]
The Mayor, shall, in the month of April, for the initial appointments to said Commission, appoint one member to serve one year; one member to serve two years; and one member to serve three years; one member to serve four years; and one member to serve five years. Thereafter, as the terms of office expire, the Mayor shall appoint successors for five-year terms. Such members shall serve without compensation.

Sec. 7-29.3 Same—Officers; quorum; rules and regulations.

[Ord. of 3-27-1990]
The Commission shall annually meet in the month of April and organize by choosing a Chairman and Secretary from among their own number, and a majority of the Commission shall constitute a quorum for the transaction of business.

Sec. 7-29.4 Same—Jurisdiction; powers and duties generally.

[Ord. of 3-27-1990; Ord. of 3-23-2010]
Subject to the provisions of this section, the Windsor Lake Recreation Commission shall have general care and charge of the Windsor Lake Recreation Area and the Historic Valley Park Campground.
The Commission shall serve as an advisory commission to the Commissioner of Public Services, or his designee or the Mayor's designee in charge of the parks and recreation facilities of the City, relative to programs, maintenance, and administration of Windsor Lake and the Historic Valley Park Campground. The Commission may adopt such rules and regulations, subject to the approval of the Commissioner of Public Services, as it deems necessary for the proper maintenance and operation of Windsor Lake and the Historic Valley Park Campground.
It shall be the duty of the Commission to plan and supervise whatever provisions are made by the City for park purposes, swimming and beaches, outdoor recreation and all similar and related public park and recreational activities at Windsor Lake and the Historic Valley Park Campground.

Sec. 7-29.5 Same—Annual report.

[Ord. of 3-27-1990]
The commission shall make an annual report to the mayor containing a statement of the condition of the land under its control or supervision, together with any information or suggestions which it may deem important.

Sec. 7-30 Engineering division—Established.

[Ord. of 4-28-1981]
An engineering division is hereby established. The mayor may appoint such employees of the engineering division as provided by the classification plan.

Sec. 7-31 Same—Duties generally.

[Ord. of 4-28-1981]
The commissioner of public services shall designate one employee of the division to exercise the general supervision of all matters within the division. He shall be consulted in relation to public improvements of every kind where the advice of a qualified engineer would be of service. He shall have charge of all plans of streets, drains, sewers and structures of every kind, not especially belonging to other departments, and shall keep the same properly classified and indexed. He shall cause to be made record plans of all sewers, drains, water pipes and other structures under his charge laid or built by the city; and he may make such rules and regulations concerning the taking of plans from his office as he may deem necessary to ensure their safety. He shall perform all engineering services and make all examinations and prepare all statements, plans and specifications relating to work under his charge which any department may need. He shall make such surveys, plans, proper estimates and descriptions as may be required by the mayor or the commissioner of public services, and he shall perform all other such services for the city which properly come under the direction of a qualified engineer as may be required of him by the mayor or the commissioner of public services.

Sec. 7-32 Same—Duty to assist city solicitor.

[Ord. of 4-28-1981]
The engineering division shall assist the city solicitor as far as possible in defending the city against suits and claims brought against it for damages sustained by reason of any defect or want of repair in any public way, or for any other cause whatever.

Sec. 7-33 Same—Duty to inform persons about street lines and grades.

[Ord. of 4-28-1981]
The engineering division shall give to all applicants, as far as the files and records of his [its] office will permit, any information as to the lines and grades of any public street or way.

Sec. 7-34 Veterans' division established.

[Ord. of 4-28-1981]
There shall be a veterans' division, which shall administer the disbursement of state and military aid and soldiers' relief.

Sec. 7-35 Veterans' agent to be head of division; Qualifications.

[Ord. of 4-28-1981]
The veterans' division shall be under the supervision and control of an agent who shall be a veteran.

Sec. 7-36 Duties of veterans' division generally.

[Ord. of 4-28-1981]
The veterans' division shall exercise the powers and perform the duties as provided and set forth by the General Laws, and shall perform such other duties as the mayor shall from time to time direct. He [It] shall investigate all petitions for veterans' service and act upon the same in accordance with law.

Sec. 7-37 Library inclusion.

[Ord. of 4-28-1981]
A library division is hereby established, which division shall operate in accordance with sections 11-1 through 11-5, inclusive, of these Revised Ordinances.

Sec. 7-38 Council for the aging.

[Ord. of 4-28-1981]
Any employees of the city engaged in activities concerning the council for the aging shall be under the direction, control and supervision of the commissioner of public services.

Sec. 7-39 Severability clause.

[Ord. of 4-28-1981]
In the event that; any portion of this chapter is declared null and void by a court of competent jurisdiction, such invalidity shall not affect any remaining portions.