[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.
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.
