Town of Braintree, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Braintree as prior code §§ 113-1, 113-2, 113-3, 113-4, 113-4-1 and 113-9. Amendments noted where applicable.]
The Selectmen may from time to time make reasonable rules and regulations as to the use of Town ways and ways under the control of the Town.
The Board of Selectmen shall name all streets and avenues in the Town, but no present name of any street or avenue shall be given to any other street or avenue.
The Town Engineer shall order all buildings on public streets to be numbered, designating the numbers to be used. The owner or occupant of any such building shall comply with such order within 10 days thereafter. The Town Engineer may also recommend such numbering of buildings on any private way of the Town.
The Superintendent of the Highway Department, for the purpose of removing or piping snow or removing ice from any way in the Town, may request the Police Department to remove or cause to be removed to some convenient place, including a public garage, any vehicle interfering with such work, and the cost of such removal and the cost of the resulting storage charges, if any, shall be assessed against the owner of such vehicle.
[Amended ATM 5-14-1996 by Art. 24]
Owners, leaseholders or operators of all retail businesses along the public way shall be required to clear sidewalks located in front of such premises within 24 hours from the termination of a snowfall or other precipitation. Any person who violates any provision of this section shall be punished by a fine of not more than $50. Each day or portion thereof during which a violation continues shall constitute a separate offense.
[Amended ATM 5-8-1990 by Art. 12]
All petitions for the acceptance of streets, new or otherwise, must be presented to the Board of Selectmen not later than January 1 previous to the Annual Town Meeting, and such streets may be accepted only at an Annual Town Meeting. No street or way shall be laid out or accepted by the Town of a width less than 40 feet, unless the same shall have been actually opened and used for public travel prior to January 1, 1924, and is recommended and approved by the Selectmen. Each petition for acceptance must be accompanied by a plan and profile of each street drawn in ink on mylar or equivalent at a scale of one inch equals 40 feet and suitable for recording at the Registry of Deeds. The survey and plan must be accomplished by a private registered engineer or registered land surveyor and the cost of the work shall be borne by the abutters and/or petitioners.
[Added ATM 5-9-2001 by Art. 18]
All lines or wires placed on utility poles within the Town shall be limited to a maximum height of 45 feet. This limitation shall not apply to lines and wires used for the transmission or distribution of electricity for light, heat, or power.
[Added STM 5-8-2001 by Art. 13]
Pursuant to MGL c. 40, § 6N, temporary repairs in private ways, which are open for public, may be made by the Town, if the Board of Selectmen determines that such repairs are required by public necessity, in accordance with a recommendation by the Town Engineer and Highway Superintendent or upon receipt of a petition signed by more than 50% of the abutters along said way requesting such repairs. Said repairs shall be limited to necessary roadway, sidewalk and drainage improvements, as determined by the Board of Selectmen. The Board of Selectmen may assess betterments to the abutters for said repairs based on the linear frontage of each parcel along said private way. The Town's liability for any claims arising out of such repairs shall be limited to $10,000.
[Added ATM 5-10-2004 by Art. 32]
A. 
No person or entity, regardless of their ownership, tenancy, or other status or relationship to any property, nor any agent, employee, contractor or servant of any person or entity shall place, throw, plow or in any way move any snow or ice onto any portion of the Town's streets, ways, sidewalks, or land, except with the approval of the Director of Public Works or his designee. Notwithstanding the foregoing, this section shall not be construed to prohibit owners or lawful occupants of residential premises from placing snow and ice on the sidewalk while leaving unobstructed room for pedestrian passage, and from placing snow or ice from pavement edge to no more than one foot (12 inches) out into the street, immediately adjacent to the driveway opening.
B. 
Anyone violating the prohibitions of this section shall be subject to a specific penalty of a fine in an amount up to $300 for each offense. The fine structure shall be as follows:
(1) 
All first violations: documented warning.
(2) 
Residential (fewer than six dwelling units):
(a) 
Manual snow shoveling:
[1] 
Second violation: $10.
[2] 
Third violation: $25.
[3] 
Fourth or more violations: $50.
(b) 
Residential mechanized snow moving:
[1] 
Second violation: $25.
[2] 
Third violation: $50.
[3] 
Fourth or more violations: $100.
(3) 
Commercial and six or more residential units:
(a) 
Manual snow shoveling:
[1] 
Second violation: $50.
[2] 
Third or more violations: $300.
(b) 
Mechanized snow moving:
[1] 
Second violation: $150.
[2] 
Third or more violations: $300.
C. 
The Director of Public Works, Highway Superintendent, Assistant Highway Superintendent, Highway Foremen, Code Enforcement Officer, and all Braintree police officers are empowered and authorized to enforce this section.