City of Gardner, MA
Worcester County
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Table of Contents
Table of Contents
[Adopted 4-18-1978 by Ord. No. 661]
[Amended 10-16-2017 by Ord. No. 1607]
No person or entity shall:
A. 
Place any obstruction upon any street, sidewalk or other way to which the public has a right of access.
B. 
Stand in any street, on any sidewalk or in any way to which the public has a right of access in such a manner as to obstruct the free and safe passage of any travelers thereon.
C. 
Obstruct any doorway, portico or passageway into any residence or business establishment into which the public has a right of access thereto as invitees.
D. 
Lay, throw, sweep, plow, shovel, place, cause, permit or suffer to be laid, thrown, swept, plowed, shoveled, placed, or caused, whether by act or omission, in or on any sidewalk, street, way or catch basin, any snow, ice, ashes, rubbish, waste material, leaves, sand, gravel, silt, stones, loam or debris of any kind. Subsection A(13) of § 567-29 shall be exempt from these requirements only for the purposes of snow and ice removal.
[Amended 12-18-2017 by Ord. No. 1609]
E. 
Overhaul or in any way disturb the contents of receptacles of waste materials set out to be removed by any vehicle engaged in the collection of waste material.
F. 
Discharge, place, cause, permit or suffer to be discharged, placed, or caused, whether by act or omission, any water or other liquid substance into, over, or across any sidewalk, street, way or catch basin.
G. 
Construct, install, operate or maintain upon or under any public sidewalk any structure or apparatus, including but by no means being limited to coal chutes, loading or unloading elevators, manholes and window grates, unless a permit authorizing the construction, installation, operation or maintenance of such structure or apparatus has been issued by the appropriate City department or officer. Such permit shall not be issued unless a suitable cash deposit, surety bond or insurance indemnity policy to save harmless the City from all liability of any nature whatsoever caused directly or indirectly by such construction, installation, operation or maintenance of such structure or apparatus is filed with the City. Said deposit, bond or insurance policy shall be subject to the approval of the Director of Public Works or his designee.
(1) 
The owner of any structure or apparatus presently located on or under a public sidewalk may continue to maintain and operate said structure or apparatus without obtaining a permit from the appropriate City department or officer.
(2) 
If any person constructs, installs, operates or maintains such a structure or apparatus without receiving such permits from the appropriate City department or officer, without providing such cash deposit, bond or insurance policy satisfactory to the Director of Public Works or his designee, the Public Works Department may, after five days' written notice to the owner or agent, remove said structure or apparatus and do whatever is necessary to repair the public sidewalk at the expense of the owner.
(3) 
No provision of this section shall prohibit individuals from washing or cleaning their own vehicles on private property beginning April 1 through November; however, this section is not intended and shall not be interpreted as a waiver or in conflict with any applicable state regulations.
[Amended 10-16-2017 by Ord. No. 1607]
A. 
If the owner or agent fails to remove such nuisance within the period provided for in this article, the City may enter the property and remove or cause the nuisance to be removed. The reasonable costs and expense of abating a nuisance in accordance with this section shall be assessed to the owner, who shall be liable to the City for expenses incurred by the City. The Director of Public Works or his designee shall provide the owner with a written statement of all costs associated with abating the nuisance, and the owner shall reimburse the City within 60 days of notice of expenses incurred for such abatement. If the owner fails to pay or reimburse the City, the sum so expended may be recovered by the City as provided under prevailing general laws relating to liens for such debt and collection of the claims for such debt, or in an action of contract by the City against the owner.
B. 
Any person who violates any provision of this article shall be held liable for claims of any kind, including but not limited to personal injury and property damage, brought against the City as a result of said violation.
C. 
This chapter may also be enforced by civil process, criminal process or by noncriminal disposition as provided for under Chapter 1, Article I, of the Code of the City of Gardner and MGL c. 40, § 21D.
D. 
Each day on which a violation exists shall be deemed to be a separate offense, and any person in violation of this chapter shall be subject to the following fines:
(1) 
First violation: $50.
(2) 
Second violation: $100.
(3) 
Third violation: $200.
(4) 
Fourth and each subsequent violation: $300.
E. 
In addition to the penalties set forth above, the Chief of Police or the Director of Public Works or their respective designated agents may seek an injunction from a court of competent jurisdiction to restrain any violation of this article.
F. 
This article shall not be enforced against the City or the Commonwealth of Massachusetts, its authorities, departments, or agencies.
The Police Department of the City of Gardner shall be the enforcement authority for this article.