[Adopted as Ch. 32 of the 1976 Code]
No person, unless authorized by law, shall break
up or dig up any part of any street in the City for any purpose without
a written permit from the Superintendent of Streets.
[Amended 2-21-1995 by Ord. No. 95-9B]
A.
License required.
[Amended 9-1-2009]
(1)
No person, except the Superintendent of Streets in
the performances of his duties, shall break or dig up or cause to
be broken or dug up the pavement or ground in any public street or
any sidewalk or common in the City or erect or cause to be erected
any staging for building thereon or place or cause to be placed any
materials or rubbish thereon without first obtaining from the City
Council or the Superintendent of Streets the following license.
(2)
The following is a written agreement approved by the City Council, in compliance with the requirement of Section 2 of Chapter 37 and of Section 13, Chapter 36, as amended:
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CITY OF CHICOPEE
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Date __________________
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The _______________________________ hereby applied
for a license to open and occupy _________________________________________
for the purpose of ________________________________________________.
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As a condition to the granting of said license,
the applicant agrees as follows:
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A.
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The road surface, sidewalk or tree belt is replaced
in a manner equal or better than the existing road surface or sidewalk.
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B.
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The patches shall be neat and kept uniform in
height to road surface and, upon completion, the street shall be cleaned
of all excess debris caused by the excavation and work performed under
this license.
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C.
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Excavations shall be designated and marked at
night for the protection of the public with necessary light and signs.
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D.
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Said opening and occupancy shall be subject
to the supervision and direction of the Superintendent of Streets.
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E.
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The company will save the City of Chicopee harmless
and indemnify from all loss, cost or expense that the City may suffer
by reason of such opening or occupancy.
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F.
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The license shall be effective for 30 days from
date of issuance, unless it specifically provides otherwise; however,
this effective license date shall in no way alter or terminate the
obligation or liabilities of the hereinabove referred to utility company
under the above written provisions numbered A, B, C, D and E.
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G.
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The license issued upon this application is
made a part hereof and all conditions therein contained shall be binding
upon the applicant when said license is accepted.
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H.
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This license granted by the City of Chicopee
to the aforesaid utility company bears a signature of a duly authorized
officer, acknowledging acceptance of the above conditions, and a clerk's
certificate is attached hereto, under seal, stating that said officer
has authority to bind said utility company and thereby obligates the
same to said herein contained conditions.
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I.
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The replacement of pavement after excavation
by contractors or utility companies will commence with a temporary
patch to allow the excavation to be compacted for a period of 14 days
or unless otherwise specified by the City Engineer, after which six
inches of Class A concrete shall be installed and allowed to cure
for a period of seven days, before a final patch of three inches of
bituminous concrete, laid in two lifts, can be installed.
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Upon completion, the contractor or utility company
will notify the City Engineer and City Highway Department for final
inspection.
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Signed and sealed this _____ day of ____________
19 __
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Accepted by
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(Seal)
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B.
Road work.
(1)
Removal of debris.
(a)
Utility companies, as well as repair or construction
companies, shall be responsible for properly removing any and all
debris that results from or is in any way caused by the work that
is or has been done by the utility or repair or construction company
involved. Any such utility company, repair company or construction
company that fails to maintain their worksite in a clean and safe
manner shall be subject to a daily fine of $200 up to the point in
time wherein the worksite involved is returned to a safe and clean
area as determined by the DPW Superintendent.
(b)
Any fines levied by the DPW Superintendent shall
be subject to appeal and review by the Public Works Subcommittee of
the City Council. Any decision reached by the Public Works Subcommittee
of the City Council shall be final and binding, subject to appeal
only as spelled out in the administrative appeal process of MGL c.
30A.
[Amended 9-1-2009]
(2)
Roadwork that cannot be finalized and brought back
to a proper and safe condition in the same day must be posted and
protected and/or well lit, as the circumstances may dictate, so that
the public will be notified and protected from any harm that could
come about as a result of the roadwork involved. The absence of proper
postings, protection and/or lighting, as the circumstances may dictate,
shall subject the utility company, repair or construction company
involved to a fine of $300 per day for each violation. Fines may be
appealed to the Public Works Subcommittee of the City Council whose
decision will be final and binding subject to appeal to the courts
in accordance with the provisions of MGL c. 30A.
[Amended 3-21-2000 by Ord. No. 00-31; 9-1-2009]
(3)
The Superintendent of the Department of Public Works
or his/her designee shall be responsible for the enforcement of the
provisions of this section of the Code of the City of Chicopee, Massachusetts.
(4)
The failure of any person to obtain the necessary
permit(s) as required by this section shall subject the violator to
a fine of $500 for each day.
[Added 2-15-2000 by Ord. No. 00-13]
No person shall dig any cellar or make other
excavations in ground near to or adjoining any street unless he shall,
so long as necessary for the purpose, keep a railing or fence on or
near the line of such street, sufficient to protect travelers from
falling in the place so dug or being injured thereby.
A.
No person shall place or cause to be placed in or
on any public way or street or on any sidewalk or footwalk or crosswalk
in the City any article or thing whatsoever so as to interfere with
the convenient use of the same by any person traveling thereon.
B.
A violation of this section shall subject the violator
to a fine of $300.
[Added 2-15-2000 by Ord. No. 00-13; 3-21-2000 by Ord. No. 00-31]
[Amended 4-21-1992 by Ord. No. 92-23; 9-1-2009]
No person shall place over any sidewalk in front
of any building any awning or shade less than eight feet in height
at the lowest part thereof, nor shall such awning or shade extend
beyond the line of the sidewalk; and no person shall erect any post
in any street or sidewalk for the support of any awning or for any
other purpose, except by permit of the City Council.
No person shall behave in a rude or disorderly
manner or use any indecent, profane or insulting language in any street,
lane, alley or other public place in the City or near any dwelling
house or other building therein.
[Amended 2-15-2000 by Ord. No. 00-13]
A.
No person shall make any indecent figures or write
any indecent or obscene words upon or mark, disfigure, or deface any
fence, building or other public place within the City nor injure,
deface or destroy any guidepost or guideboard or any lamppost, lamp
or lanterns, nor any tree, fence post or other thing set, erected
or made for use or ornament of the City. A violation of this subsection
shall subject the violator to a fine of $300.
[Amended 3-21-2000 by Ord. No. 00-31]
B.
No person shall post any written or printed matter
upon any tree, fence, wall building or other property of the City.
A violation of this subsection shall subject the violator to a fine
of $25.
A.
No person shall throw or put or cause to be thrown
or put any snow or ice into any street, lane or alley in the City.
[Amended 3-15-1983]
B.
Any person who violates Subsection A, or if said person is agent or servant, then his principal, and in either case said person or his principal shall be liable to the City for cost of removal of said snow or ice. A violation of Subsection A shall subject the violator to a fine of $100.
[Amended 2-15-2000 by Ord. No. 00-13]
[Amended 2-4-1986]
A.
The owner or person having the care of any estate
abutting upon any street, lane, court or square within the City where
there is a sidewalk which now is or may hereafter be established or
set apart as such shall, after the ceasing to fall of any snow thereon,
within 24 hours, cause the same to be removed therefrom.
B.
A violation of this section shall subject the violator
to a fine of $50.
[Added 2-15-2000 by Ord. No. 00-13]
[Amended 2-4-1986]
A.
Whenever any snow shall be collected or deposited
upon any sidewalk mentioned in the preceding section, either by falling
from some adjoining building or by drifting upon said sidewalk, the
owner or person having the care of the estate abutting upon said sidewalk
shall, within 24 hours after its being so collected or deposited,
cause the same to be removed therefrom.
B.
A violation of this section shall subject the violator
to a fine of $50.
[Added 2-15-2000 by Ord. No. 00-13]
[Amended 2-4-1986]
A.
Whenever any sidewalk mentioned in § 243-34 of this article shall be encumbered with ice, it shall be the duty of the owner or person having the care of the estate abutting thereon to cause such sidewalk to be made safe and convenient for travel by removing the ice therefrom or by covering the same with sand or some other suitable substance within 24 hours after such sidewalk shall have become so encumbered.
B.
A violation of this section shall subject the violator
to a fine of $50.
[Added 2-20-2001 by Ord. No. 01-07]
[Added 6-19-1984]
A.
Any person or corporation owning or occupying property
abutting a sidewalk or tree belt shall make sure that the sidewalk
and/or tree belt is maintained in a clean and safe fashion free from
loose sand or other material on the paved walk and shall keep lawn
and trees appropriately trimmed.
B.
A violation of this section shall subject the violator
to a fine of $100.
[Added 2-15-2000 by Ord. No. 00-13]
[Added 9-20-2007 by Ord. No. 07-64]
The owner or person in control of any parcel
of land, including a vacant piece of property, shall at all times
maintain said parcel of land free from overgrowth. Any property with
12 inches or more shall be considered overgrowth. The owner or person
in control of any parcel of land or vacant lot shall cut and or remove
said overgrowth. Failure to comply shall result in a noncriminal fine
of $50 enforced by the Health Department.
[1]
Editor's Note: Former § 243-38,
Violations and penalties, as amended, was repealed 2-15-2000 by Ord.
No. 00-13A.
[Amended 6-19-1990; 9-20-1990]
A.
No person shall put or place or cause to be put or
placed in any street, lane or alley or other public place in the City
any sand, small stones or any type of rubbish or distribute or cause
to be distributed or thrown any handbills, circulars or printed materials
other than newspapers provided to the purchasers thereof.
B.
Any person violating the provisions of this section
shall be required to remove from the street, lane, alley or public
place said items within 24 hours. Any person who shall neglect to
comply with the requirement to remove said items shall be liable to
a fine of $50 and the cost to the City to clean the area as soon as
the 24 hours have passed. The maximum fine shall be double the cost
to the City for the cleanup.
[Amended 2-15-2000 by Ord. No. 00-13A]
A.
No person shall put, place or throw or cause to be
put, placed or thrown in any street, lane, alley or other public place
in the City any nails, tacks, broken glass or other articles or substances
which may in any way be liable to puncture the tire of any vehicle
or which may in any way impede or obstruct the passage of any vehicle
over said street, lane, alley or place.
B.
Any person violating the provisions of this section
shall be liable to a fine of $50 for each offense.
[Amended 2-15-2000 by Ord. No. 00-13A; 2-15-2000 by Ord. No. 00-14]
No person or persons shall be permitted or allowed
to parade in a public street or square without a written permit from
the Chief of Police, approved by the Mayor, at least 24 hours before
the scheduled parade.
No person or persons shall be permitted or allowed
to address a public gathering on a public street, square, way or on
any property owned or leased by the City without securing a written
permit from the Chief of Police, approved by the Mayor, at least 24
hours before the scheduled gathering.
The Chief of Police shall designate the route
of the parade and also the place of the public gathering according
to the foregoing sections.
[Amended 2-15-2000 by Ord. No. 00-13A; 4-18-2017 by Ord. No.
17-11]
The Superintendent of Public Works, Chicopee Police Department, Chicopee Building Department, Chicopee Health Department, Chicopee Fire Department, or any of their designee(s) shall enforce the provisions of Chapter 243 and shall have the authority to issue citations for any said violation(s). Any person violating any of the provisions of this article, except where a different penalty is specially provided, shall be liable to a fine of $50 and to a like penalty for every day such offense shall be repeated or continued.
