[HISTORY: Adopted by the Town of Randolph 4-18-1995 Annual Town Meeting, Art. 8, approved 10-27-1995. Amendments noted where applicable.]
No person shall:
Place or cause to be placed, in any public place, street or private way or in any running stream or body of water, any dirt, rubbish, wood, timber or other materials tending to cause obstruction, or deposit garbage, carrion, filth or offal, except in such places as shall be permitted by the Board of Health, under a penalty.
[Amended 5-14-2001 ATM by Art. 85, approved 7-24-2001]
Place leaves or cause leaves to be placed, by raking, onto any public way. No person engaged in the removal of snow shall, under any circumstances, cause said snow to be deposited so as to obstruct any public way or sidewalk.
[Amended 4-26-2004 ATM by Art. 6, approved 7-20-2004]
Pasture or tether any animal in any street in the Town in such a manner as to obstruct the street or sidewalk.
Obstruct the free, open and convenient use of any sidewalk, for travel by the public, by occupying the same with goods, wares, merchandise or other chattels or by trucks unloading merchandise or by using the same as a place of resort, amusement, recreation or business.
Use or occupy part of a public street or sidewalk for the purchase, sale, storage or display of merchandise or other articles except by license of the Town Council.
Deliver, place or cause to be delivered or placed, upon any sidewalk in this Town, any coal, truck, bale, box, crate, barrel, package, bundle or any other article or thing so as to obstruct the free, open and convenient use of such sidewalk or any part thereof for more than thirty (30) minutes at one (1) time or for more than ten (10) minutes at one (1) time after being notified to remove such obstruction by a police officer.
Cause any equipment or piece of machinery to be placed on or cross a curbing or sidewalk without prior approval of the Department of Public Works. Failure to do so will result in a fine in accordance with the Fine Schedule, and said person shall be obligated to repair the damage.
Any person removing or clearing snow whether by snow plowing, snow blowing, shoveling or any other kind of snow removal, whether mechanical or manual, who deposits or leaves snow so removed in a public way, whether or not such snow deposits physically obstruct the flow of traffic on such public ways, shall be punished by a fine in accordance with the Fine Schedule.
[Added 4-26-2004 ATM by Art. 6, approved 7-20-2004]
[Added 5-26-2009 ATM by Art. 32]
For the purposes of this § 166-1.1, the term "roadside memorial" shall be defined as any items, including without limitation balloons, flowers, pictures, stuffed animals and religious items, placed within the right-of-way of a public way, street, sidewalk, walkway or way maintained and used as a public way, at or near the site of a non-fatal or fatal accident or occurrence.
Roadside memorials pose public safety hazards by creating distractions for the motoring public and interfering with the flow of pedestrian and motor vehicle traffic.
Roadside memorials hinder proper maintenance of the public right-of-way.
Because of the temporary nature of roadside memorials, it is expressly found that after a short time the person or persons who have placed roadside memorials have intentionally abandoned them.
No roadside memorial shall be left on or within the right-of-way of a public way, street, sidewalk, walkway or way maintained and used as a public way for more than thirty (30) days.
The Superintendent of the Department of Public Works shall cause to be removed and discarded any roadside memorial left within the right-of-way of a public way, street, sidewalk, walkway or way maintained and used as a public way for more than fifteen (15) days.
Any person who intends to erect, alter, repair or take down any building or part thereof on land abutting on any street or public place in this Town and who desires to make use of such street or place for the purpose of placing thereon building materials or rubbish shall give notice thereof to the Police Department. Thereupon, the Police Department may grant a permit to occupy such a portion thereof to be used for such purposes as in their judgment the necessity of the case demands and the security of the public allows, such permit to run for not longer than sixty (60) days and to be on such conditions, and by furnishing such security, by bond or otherwise, for the observance and performance of the conditions and for the protection of the Town, as the Department of Public Works may require, and especially, in every case, upon condition that during the whole of every night, from sunset in the evening until sunrise in the morning, proper lights shall be so placed as to effectively secure all travelers from liability to injury. Such permit may be renewed at the discretion of the Police Department.
No person shall coast upon any sidewalk in the Town, nor shall any person coast upon any of the public ways of the Town except upon such street as the Town Council may designate each year by public notice.
No person shall place, over any sidewalk, any awning, shade or signboard less than seven (7) feet from the ground at the lowest part or construct or maintain any awning, shade or signboard extending beyond the line of the sidewalk, and for any offense against this section an offender shall pay a fine in accordance with the Fine Schedule.
No person shall break or dig up or aid in breaking or digging up the ground in any street or square in the Town or set up any post, fence, tree or edge stone in any street or square in the Town without a permit from the Town Manager under a penalty in accordance with the Fine Schedule for such offense.
No driveway shall be located within five (5) feet of a hydrant, utility pole or catch basin.
[Added 4-16-1996 ATM by Art. 6, approved 7-29-1996]
It shall be the duty of the Town Engineer to assign a number to all buildings on the streets of the Town.
The Town Engineer shall prepare and keep on file in his or her office a plan showing the streets and the location of all numbered lots in the Town. Such numbers shall cover a frontage from fifty (50) feet or more, at the discretion of the Engineer, measuring from end to end of the street. Whenever one (1) number shall be insufficient to particularly designate additional tenements or buildings on the premises comprised within a given frontage to such additional tenement or buildings shall be assigned, in conjunction with the usual and proper number, the letters of the alphabet, in their order, one (1) letter to each such additional tenement or building.
The odd numbers shall be placed on the right hand side and the even numbers on the left hand side of all streets following the direction of the numerical order from the beginning.
The owner and occupant of every tenement and building situated on any street in the Town shall cause to be placed and maintained on or over the outside doors fronting the street or on front corners of every tenement or building having their entrances on the side thereof such number or numbers, letter or letters as may be assigned thereto by the Town Engineer under any of the provisions of this section, such number or letter not to be less than two (2) inches in height and to be placed so as to be easily observed from the street in front of the premises.
If the owner or occupant of any tenement or building fails to number the same in accordance with the provisions of this section, it shall be the duty of the Town Engineer to place the proper number or numbers, letter or letters thereon, and the cost thereof may be assessed upon such owner or occupant.
Whoever shall refuse or neglect to comply with the provisions of this section within thirty (30) days after a notice in writing delivered to the owner or occupant of such tenement or building of the number or numbers, letter or letters, so assigned by the Town Engineer shall, for each and every offense, be subject to the penalty in accordance with the Fine Schedule for each day that it is not done for each offense.
Any person, firm, corporation, partnership, their agents and employees, who has been granted, or may be granted, any license, permission, or other authority to construct or to maintain poles and overhead wires and associated overhead structures upon, along, under or across any public ways, is forbidden from installing or constructing, and shall remove immediately any poles, overhead wires and associated overhead structures which are located on, along, or across the following section of roadway described below, and in connection with or related to such removal or the provision of underground replacement facilities, shall install all underground construction and conduits, conductors and associated equipment necessary to provide and receive utility service between the service facilities in the building or structure being served and that portion of the conduits, conductors and associated equipment required to be furnished by it under its applicable rules, regulations and tariffs:
[Amended 4-25-2005 ATM by Art. 6, approved 10-18-2005; 5-27-2008 ATM by Art. 6]
All new subdivisions consisting of two (2) or more dwellings shall be required to provide underground utilities.
[Added 4-25-2005 ATM by Art. 7, approved 10-18-2005]
Purpose. This § 166-9 requires Business Establishments using Shopping Carts or similar devices shall install and maintain a system to retain the Shopping Carts within the property boundaries of the Business Establishment. The Building Inspector and the Director of Public Works Department are authorized to implement and enforce these sections.
Definitions. Unless specifically indicated otherwise, these definitions shall apply and control in this § 166-9.
- BUILDING INSPECTOR
- The Town's duly appointed Building Inspector or his/her designee or agent.
- BUSINESS ESTABLISHMENT
- Includes but is not limited to a grocery store, supermarket, drugstore, pharmacy, department store, discount store, variety store, or other retail establishment which supplies Shopping Carts for the use of its customers.
- DIRECTOR OF PUBLIC WORKS
- The Director of the Public Works Department or his/her designee or agent.
- The Department of Public Works or its successor.
- The owner of a Business Establishment if it is owner-operated or the manager of a Business Establishment if it is not owner-operated.
- PARKING LOT
- Any parcel of land owned, leased, or otherwise under the direction and control of the Owner and used for parking motor vehicles related to the daily operations of the Business Establishment and shall include the areas of ingress and egress.
- PERMANENT IDENTITY TAG
- A tag, label, plate, or other form of identification that is affixed to a Shopping Cart and designed to be removed/removable only by the Business Establishment. The Permanent Identity Tag shall state the name of the Business Establishment, the address of the Business Establishment, and the telephone number of the Business Establishment. The name, address, and telephone number on the permanent Identity Tag shall be of the neighborhood Business Establishment rather than a state, regional, or national headquarters, except that Business Establishments using a total of more than three hundred fifty (350) Shopping carts at more than two (2) locations within the Town of Randolph (the "Town") may place a central telephone number on the Permanent Identity Tag as long as that telephone number is within the Town's area code.
- SHOPPING CART OR CART
- Includes but is not limited to that type of mobile vehicle used for transportation and portage by human propulsion of goods or merchandise in and about markets, stores, shopping centers, malls, and other Business Establishments.
Each and every Shopping Cart used by a Business Establishment shall have affixed thereto a Permanent Identity Tag. A first violation of this section shall be subject to a warning, and each subsequent violation of this section shall be subject to a fine in accordance with the Fine Schedule. Each cart not in compliance with this subsection shall be considered a separate violation.
Each and every Business Establishment shall implement and maintain system to retain all shopping Carts within the property boundaries of the Business Establishment including Parking Lot. The Business Establishment shall provide signage in a conspicuous location in the premises which clearly notifies Shopping Cart users of the specific retention system in place and how the retention system operates.
Each method included in this subsection shall be considered to be an example of an on-site retention method complying with these sections. If the Business Establishment has a method for retention that is not delineated as an example herein, then an Owner may submit a plan to the Building Inspector that satisfies the intent of these sections to retain Shopping Carts on the premises of the Business Establishment and/or its Parking Lot or to ensure the immediate retrieval of Shopping Carts outside of the Business Establishment and/or its Parking Lot; no plan submitted by an Owner to the Building Inspector shall be valid until approved in writing by the Building Inspector. Examples of methods and/or plans are as follows:
A physical barrier, such as bollards, restricting Shopping Carts to a portion of the exterior of the Business Establishment, but physical barriers shall not interfere with fire lanes, handicap access, or similar building features;
A protruding vertical arm, or other similar or similarly-functioning device, attached to the Cart which prevents the Cart from being removed from the interior of the Business Establishment.
A system, which may be mechanical in nature, requiring the Cart user to remit collateral, including but not limited to a returnable monetary deposit to use a Shopping Cart; the collateral shall be reasonable in scope and shall not unreasonably deter the use of the Cart but instead encourage the user's return of the Cart. The collateral shall be returned to the user upon the user's return of the Cart.
A wheel-locking mechanism installed in the Cart that is commonly used in conjunction with an electronic barrier along the perimeter of a Business Establishment and which mechanism is activated upon the Cart's approach or passing through the electronic barrier;
An attendant or attendants whose sole responsibility is to manage and/or return the Business Establishment's Shopping Carts from the exterior premises of the Business Establishment and areas immediately adjacent thereto to the interior premises of the Business Establishment or another exterior area of the Business Establishment dedicated to the containment of Shopping Carts;
Other similar methods or plans submitted by an Owner for the approval of the Building Inspector which would satisfy the intent of these sections to retain Shopping Carts on the premises of the Business establishment and/or its Parking Lot or to ensure the immediate retrieval of Shopping Carts outside of the Business Establishment and/or its Parking Lot.
No Business Establishment shall allow Shopping Carts to congregate or "stack up" in such a manner as to impede ingress to or egress from the Business Establishment or any public or private way adjacent to the Business Establishment.
Prior to the close of each business day, every Business Establishment shall collect and secure its Shopping Carts on its premises, including its Parking Lot. This action shall be commenced no sooner than fifteen (15) minutes prior to the close of each business day.
Removal of shopping carts:
Any unattended Shopping Cart found outside the perimeter of a Business Establishment or its Parking Lot may be removed and impounded by the Department of Public Works, the Building Inspector, or an agent thereof. The enforcement personnel removing the Cart shall make a written report that identifies himself/herself as well as the date, time, and location of the Cart at time of the removal; this report may take the form of a tag attached to the Cart; a copy of the report shall be immediately forwarded to the Building Inspector.
Within a reasonable time but not more than three (3) business days after removal, the Building Inspector shall notify the Owner of the removed Cart using the information provided on the Permanent Identity Tag attached. If the Cart does not have a Permanent Identity Tag then the Building Inspector may attempt to notify the Owner of the removed Cart if the identity of the Owner is known or reasonably discernible. Any notification of removed and impounded Shopping Carts shall be made in writing and shall include the date of removal, the location of removal, and the process for the Owner's retrieval of the Cart.
Any Cart that does not have the Permanent Identity Tag attached and which is removed pursuant to these sections is deemed to be abandoned property and the Building Inspector may sell any such Cart at public auction and the proceeds shall inure to the Town, or destroy or otherwise dispose of any such Cart.
No person shall remove a Shopping Cart from the Business Establishment without the express written authorization of the Business Establishment. Any person that removes a Shopping Cart from a Business Establishment without the express written authorization of the Business Establishment, although subject to the criminal penalties in MGL c. 266, § 30A, shall also be subject to a civil fine in accordance with the Fine Schedule. The Town's Police Department shall have non-exclusive authority to enforce this subsection.
Retrieval of shopping carts.
An Owner or an Owner's agent may retrieve a Shopping Cart removed pursuant to § 166-9D by appearing during normal business hours at the location stated in the notice required under § 166-9D(2) and by paying (i.) a fee for the removal of the Cart(s) in accordance with the Fine Schedule.
The obligation of the Building Inspector to release a Shopping Cart continues only as follows:
If no hearing in accordance with § 166-9F has been timely and properly requested and the Cart has not been retrieved then the obligation of the Building Inspector extends only thirty (30) calendar days after notice of removal has been mailed;
Any Shopping Cart that has not been retrieved by an Owner within the time periods contained in this section shall be deemed to be permanently abandoned, and the Building Inspector may, in said his/her sole discretion, (i) continue to release such Carts to the Owner in accordance with § 166-9E, (ii) sell such Carts at public auction and the proceeds shall inure to the Town, or (iii) destroy or otherwise dispose of such Carts.
Fines. Unless otherwise specified in these sections, a violation of this § 166-9 may be subject to the issuance of a warning for a first offense, a fine in accordance with the Fine Schedule. Any fines and/or fees that remain unpaid by an Owner for more than twelve (12) months may become liens against the real estate of the Business Establishment. The provisions of MGL c. 40, § 21D may be used to enforce these sections.
An Owner who has incurred a Shopping Cart-related warning and/or fee under these sections may obtain a hearing regarding the propriety of the warning and/or fee by making written petition to the Building Inspector for a hearing within fifteen (15) calendar days of receipt of the notice of removal pursuant to § 166-9D(2). The Building Inspector shall provide written notice to the Owner of the date, time, and location of the hearing, and the hearing shall be held within thirty (30) calendar days from the date of the hearing request.
The Town Manager or his designee shall act as the hearing officer and the decision resulting therefrom shall be final and subject only to judicial review.
The Town Manager shall notify the Owner of the decision in writing within thirty (30) calendar days of the hearing.
Proceedings for review of the decision of the Building Inspector may be instituted in any court of competent jurisdiction within the Commonwealth of Massachusetts. The commencement of an action shall not operate as a stay of enforcement of said Building Inspector's decision, but the Building Inspector, at his/her discretion, may stay enforcement; the reviewing court may order a stay upon such terms as it considers proper as prescribed by MGL c. 30A, § 14.
Permits. The Town may withhold the issuance of any permit if the applicant therefor is an Owner, or is acting on behalf of an Owner, of a Business Establishment that has an uncorrected violation and/or amounts due for an unpaid fine or an unpaid fee.
Stolen property. In their efforts to enforce the provisions of these sections, nothing in these sections shall be construed to prohibit, encumber, or impede DPW or the Building Inspector from reporting a discovery of stolen property to the Town's Police Department.
Regulatory authority. The DPW Superintendent shall have the authority to promulgate rules and regulations necessary to implement and enforce these sections. The failure to promulgate such rules and regulations shall not affect the enforceability of this § 166-9.
Effective date. Enforcement of fines, fees, and/or other penalties shall not be authorized until six (6) months from time passage.
Severability. If any provision of these sections shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.