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The Commissioner shall have the jurisdiction vested by statute in the Board of Street Commissioners in relation to the planting and removal of trees in the public ways and to the use of public ways for any temporary obstruction or projection in, under or over the same; but such jurisdiction shall only be exercised with the written approval of the Mayor in each instance. The Commissioner shall also have the powers and perform the duties conferred or imposed by statute on the Board of Street Commissioners in relation to the use of parts of public ways for the storage and sale of merchandise. When establishing rules or regulations for the dates of temporary license periods for the use of public space for sidewalk cafés, the Commissioner shall make licenses available year-round. However, nothing herein shall be construed to prevent the Commissioner from imposing additional requirements on year-round licenses.
(Ord. 1954 c. 2 § 46; Rev. Ord. 1961 c. 21 § 3; CBC 1975 Ord. T11 § 152; CBC 1985 11-6.3; Ord. 2009 c. 3)
The Commissioner shall have charge of all lamps established by the Boston City Council and maintained at the expense of the city, of all lamps set up in parks, parkways or public grounds, and of all lamp-posts, posts or fixtures connected with such lamps, and shall set up and affix lamps in the streets; shall have the care and custody of all city property used or hereafter acquired for the purpose of street lighting, and shall maintain and keep the same in good repair.
(Rev. Ord. 1961 c. 21 § 4; CBC 1975 Ord. T11 § 153)
Cross-reference:
Ord. ss 7-4.7
The Commissioner shall have the care and management of all bridges which are used as highways, and are in whole or in part under the charge of the City; shall keep the railings and wearing surface in good order and shall remove all dirt, snow and ice from the sidewalks; shall keep all said bridges, or those parts thereof under his or her care, and the abutments, guards, draws and wharves thereof, clean and in good condition and repair; shall appoint drawtenders for the draws in bridges of which he or she has the care, and see that they properly perform their duties, and may remove them for such cause as he or she shall deem sufficient; and shall assign in his or her order of removal. Each drawtender so appointed shall take charge by night and by day of the draw of which he or she is drawtender; shall require from the person in charge of a vessel applying to pass through the draw a true statement of the name, extreme width and draught of the vessel; shall determine the order in which vessels may pass through the draw; and may direct the placing of warping-lines, anchors and cables, and the use of any warping apparatus provided by the city; shall cause the draw to be opened for the passage of vessels in accordance with the regulations of the Department of the Army; shall cause the draw to be closed with all possible expedition after a vessel has passed through, not permitting more than one vessel to pass through at one opening of the draw, except that, when the draw is open and the bridge is free from persons desiring to cross, he or she may, in his or her discretion, permit other vessels to pass through before causing the draw to be closed; and shall perform such additional duties as said Commissioner may require.
(Rev. Ord. 1961 c. 21 § 5; CBC 1975 Ord. T11 § 154; CBC 1985 11-6.5)
Cross-reference:
Statutes, Title 11 § 30
The Commissioner shall keep a book in which he or she shall record the date of every order for constructing a sewer, the name of the contractor or builder constructing it, the date of commencing and the date of completing the work and the cost of the sewer. He or she shall make and deliver to the Collector- Treasurer all bills for assessments as they become due.
(Rev. Ord. 1961 c. 21 § 6; CBC 1975 Ord. T11 § 155; CBC 1985 11-6.6)
Cross-reference:
Ord. ss 6-3.5
Editor’s note:
The water works system and the sewer works system of the Department of Public Works were abolished and the duties transferred to the Boston Water and Sewer Commission by Ch. 436 of the Acts of 1977.
The Commissioner shall keep a plan for every existing and every new sewer, showing its depth, breadth, mode of construction and general direction, and shall, from time to time, ascertain and insert on such plans all entries made into the sewers.
(Rev. Ord. 1961 c. 21 § 7; CBC 1975 Ord. T11 § 156; CBC 1985 11-6.7)
Editor’s note:
The water works system and the sewer works system of the Department of Public Works were abolished and the duties transferred to the Boston Water and Sewer Commission by Ch. 436 of the Acts of 1977.
The Commissioner shall, when about to build a new sewer or repair an old sewer, notify all abutters on that part of the line of said sewer when he or she proposes to do work, and afford them facilities for entering the sewer; and shall, when about to construct a new street, at least four weeks before beginning work, and, when about to make a new surface of any street, at least two weeks before beginning work, notify all Departments and persons authorized to place any structure in such street, and require and see that all Departments and persons having any work to be done in the streets so designated shall do all such work before the surface of such street is again prepared for and opened to public travel; and, after the completion of the work then done on such street, shall not, for one year thereafter, permit any Department or person to disturb the surface of such street or way within the area of such previous disturbance, except in case of obvious necessity; and shall make a record of the permits issued in such cases in a book to be kept for that purpose.
(Rev. Ord. 1961 c. 21 § 8; CBC 1975 Ord. T11 § 157; CBC 1985 11-6.8)
Editor’s note:
The water works system and the sewer works system of the Department of Public Works were abolished and the duties transferred to the Boston Water and Sewer Commission by Ch. 436 of the Acts of 1977.
(A) The Commissioner may issue permits to persons having authority in the premises to open, occupy, obstruct and use portions of the streets. Such permits shall specify the time, place, size and use of such opening, occupation or obstruction, and shall be granted upon condition the terms of which shall be those stated in Subsection 5-5.30, and upon the further conditions as follows.
(1) The restoration of the paving or other surface of such streets shall be effected by the city as directed by the Commissioner, the work to be done by city employees or by contract or otherwise at his or her discretion, the standard, type and extent of the repairs necessary to effect such restoration to be determined by him or her and to be paid for by the person receiving the permit, such payment to be made in advance on the basis of the Commissioner’s estimate or during the progress or after the completion of the restoration as the Commissioner may elect.
(2) The person receiving the permit shall place and maintain from the beginning of twilight, through the whole of every night, over or near the place so occupied, opened, obstructed or used, and over or near any dirt, gravel or other material placed in or near such place, a light or lights sufficient to protect travelers from injury; shall place and maintain a safe and convenient way, satisfactory to the Commissioner, for the use of foot travelers and for vehicles around or over such place; shall protect such trees as shall be designated by the Parks and Recreation Department in such manner as said Department shall specify; shall provide suitable sanitary accommodations for his or her employees; and shall deliver the coupon attached to the permit to an Officer of the Police Force of said city on or before the expiration of the time fixed in the permit for completing the work, such coupon to be returned by said Officer to the Public Works Department.
(3) The Commissioner may detail an inspector, at the expense of the person receiving the permit, to supervise said opening, occupation and use and to see that the backfilling is properly done.
(4) The Commissioner may require the person receiving the permit to enclose the place in the streets so opened, occupied or used, with a rail, fence or other guard as specified by the Commissioner.
(5) The Commissioner shall require the person receiving the permit to maintain at the expense of such person as many Boston Police Officers on special duty (outside their regular tour of duty), as the Police Commissioner may determine necessary to protect the safety and general welfare of the public and to preserve the free circulation of traffic (but in no event less than one Boston Police Officer). This clause shall not prohibit reimbursement of such person for such expense if a contract between such person and the city or any other person provides such reimbursement. It shall be the duty of the Public Works Commissioner to ascertain compliance of this Section prior to issuance of the permit.
(6) The Commissioner shall require the person receiving the permit to maintain at the expense of such person an accessible path of travel which meets both Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq., and the commonwealth’s Architectural Access Board requirements.
(7) The Commissioner shall require that the person receiving the permit ensures that all construction be in compliance with the Americans with Disabilities Act and the regulations of the commonwealth’s Architectural Board.
(B) If any person having the authority in the premises to open, occupy, obstruct and use portions of the streets is exempt from obtaining a permit by the Commissioner, said person shall remain subject to divisions (A)(6) and (7) above.
(C) Any violation of the above ordinance shall be punished by a fine of $50.
(Ord. 1966 c. 5; Ord. 1967 c. 4; Rev. Ord. 1961 (Sup. 1971) c. 21 § 9; CBC 1975 Ord. T11 § 158; Ord. 1976 c. 4; Ord. 1977 c. 6, c. 14; CBC 1985 11-6.9; Ord. 2008 c. 11)
Cross-reference:
St. T.4 c. 1; Ord. ss 7-1.3; ss 7-4.7
The Commissioner may issue such a permit to competent mechanics for the purpose of entering particular drains into public drains and sewers, on condition the terms of which shall be those stated in Subsection 11-6.9, and in addition that the person applying for the permit shall make connection of such drain with such sewer only in the manner shown on the back of the permit, and only in the presence of an inspector of the Sewer Division; shall have on the ground, when the inspector arrives to see the connection made, any slant, bend or curve to be used in making the connection; shall not cover up any work until inspected by one of such inspectors; shall not lay the drain in the same trench with a water pipe; shall not connect any exhaust from a steam engine, any blow-off from a steam boiler or any other pipe for delivering steam or hot water, with the drain or sewer. The Commissioner shall in each drain permit specify the size, material and mode of construction of the particular drain, and the direction and grade for laying it.
(Ord. 1960 c. 4 § 2; Rev. Ord. 1961 c. 21 § 10; CBC 1975 Ord. T11 § 159; CBC 1985 11-6.10)
Editor’s note:
The water works system and the sewer works system of the Department of Public Works were abolished and the duties transferred to the Boston Water and Sewer Commission by Ch. 436 of the Acts of 1977.
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