[HISTORY: Adopted by the Annual Town Meeting of the Town
of Blackstone 5-28-2019 ATM by Art. 14. Amendments noted where
applicable.]
Whereas, it is recognized that during winter months, the flow
of water onto a public way can freeze and cause unsafe travel conditions
on public roadways, including all streets, courts, lanes, sidewalks,
and roads with respect to which the public has a right of use in the
Town (hereinafter collectively referred to as "public ways"). It is
also recognized that the flow of water onto a public way can deteriorate
the surface and subsurface of the way and pose a safety hazard to
motorists and pedestrians.
Now, therefore, no person, property owner, or person exercising
control of real property shall discharge water onto a public way between
November 1 through April 30 without prior written permission of the
Superintendent of Public Works. For the purpose of this bylaw, "discharge"
shall mean the physical act of draining, diverting by mechanical means,
or pumping water from a person's or others' property to a public way.
This bylaw shall not apply to instances of natural overland flow of
stormwater.
As of the effective date hereof, no property shall be altered
such that said alteration causes the flow of stormwater or groundwater
from private property onto public ways. This provision shall not apply
to existing property conditions as of the effective date hereof but
shall not limit or restrict the Town in enforcing any other right
it possesses to eliminate or abate hazards on public ways.
The penalty for violation of this bylaw shall be $100 per day, with each day constituting a new violation. This bylaw shall be enforced by the Superintendent of Public Works, or any police officer of the Town. Violations and penalties shall be enforced in accordance with the provisions of § 5-49, including noncriminal disposition pursuant to MGL c. 40, § 21D.
