No person shall occupy or use a street or sidewalk for any purpose, place or permit to be placed thereon any impediment or obstruction, or disrupt the free flow of vehicular or pedestrian traffic without having obtained a permit therefor from the Public Works Commission.
The Commission may grant permits for the occupation, use or obstruction of streets or sidewalks for such purposes and under such terms, conditions and restrictions, as they deem in the best interests of the public health, safety and welfare.
Permits shall specify the portion or portions of the street or sidewalk to be occupied, and shall specify any area to be used for depositing materials for work to be done, or for temporary storage of debris arising from such work.
When a permit is granted for construction or demolition of an adjacent building, the occupied portion of the street shall be enclosed with such barriers as are required by the Commission.
Barriers shall be maintained during the entire term of said occupation, and lighting or warning devices shall be deployed around barriers, as determined by the Commission.
No permit to occupy a street or sidewalk shall be issued until all permits required for the work to be done have been obtained.
Said permit shall be made available for inspection upon the request of any agent or employee of the Commission or member of the police department.
The permit holder shall be liable for all injuries resulting from said obstruction or impediment and shall provide the city with an indemnity bond or liability policy in a amount determined by the Commission as sufficient to hold the city harmless against any claims for personal injury or property damage arising out of said street or sidewalk occupancy.
The permit holder shall also provide the city with a performance bond in the amount of five thousand dollars ($5,000.00).
The provisions of this ordinance shall not apply to employees of the City of Malden.
Violation of the provisions of this ordinance or of the terms and conditions of any permit issues thereunder shall be punishable by immediate revocation of said permit and stoppage of work until said violations are corrected; provided that, in the case of emergency as determined by the Director of Public Works or the Police Chief, work shall be allowed to continue until such emergency or unsafe condition has been abated. Violation of the provisions of this ordinance or the terms and conditions of any permit issued thereunder shall be punishable by a fine of $200.00, which may be imposed in the manner provided in Massachusetts General Laws Chapter 40 Section 21D.
Each 24 hour period during which a violation exists shall be a separate violation for which an additional penalty may be assessed.