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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 of these ordinances, and upon the further conditions as follows:
a. That 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 discretion, the standard, type and extent of the repairs necessary to effect such restoration to be determined by him 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.
b. That 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 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.
c. That 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.
d. That 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.
e. That 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 (1) 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.
f. 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 and Massachusetts Architectural Access Board requirements.
g. 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 Massachusetts Architectural Board.
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 subsections f. and g.
Any violation of the above ordinance shall be punished by a fine of fifty ($50.00) dollars.
(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; Ord. 2008 c. 11)