public rights-of-way
TRANSCRIPT
In addition to it being required by law, we have a collectiveresponsibility to provide and maintain public sidewalksthat ALL people can use. Property owners and businessesmay not obstruct passage on sidewalks and pedestrianways, including with overgrown trees, shrubs, seating, orsignage on their property.
WHY KEEP THE SIDEWALK CLEAR?
No person shall place or cause to be placed in any street or upon any sidewalk ofthe town, any lumber, coal, iron, trunk, bale, box, crate, cask, package, article, oranything whatsoever so as to obstruct a free passage for travelers, nor allow any ofthe same to remain more than one hour after being notified by a police officer toremove it, except that nothing herein contained shall be construed to prevent theuse of streets and sidewalks for building purposes upon obtaining a permit fromthe Select Board.
TOWN BY LAWS: SECTION 7.5.11 OBSTRUCTIONS
MA 521 CMR states:
Width of walkways shall not be less than 48 inches (48"=1219mm), excluding curb stones.
Brookline is also working under the Public Rights-of- WayPROWAG standards, created by the US Access Board.
STATE LAW & THE ADA (FEDERAL) &PROWAG
Whether you are a business or property owner you canhelp your neighbors, especially those who usewheelchairs, baby carriages, or other mobility devices, bytrimming your hedges and bushes back to provide anunobstructed path of travel of at least 48 inches wideand to a clearance height of at least 80 inches.
WHAT DOES THIS MEAN FOR YOU AS ARESIDENT OF BROOKLINE?
Please use BrookOnLine and file complaints underOther-Handicapped Accessibility and/or emailSarah Kaplan, ADA Coordinator [email protected]. We appreciate it if youcan include pictures and locations of any issue thatneeds to be addressed.
WHAT IF I NEED HELP?
PUBLIC RIGHTS-OF-WAYHelp Prevent Sidewalk Obstructions
Office of Diversity, Inclusion, & Community RelationsDepartment of Public Works
WHAT YOU NEED TO KNOW
Restaurants must provide at least 48 inches of anunobstructed path of travel when placing sidewalkseating and signage. If you are finding this difficultto achieve you may want reach out to theDepartment of Public Works for guidance. Differentoptions for sidewalk extensions may be available toyou.
WHAT ABOUT OUTDOOR SEATINGAND SIGNAGE?
While the Town cannot officially recommend any onebusiness, you may want to contact the Brookline TeenCenter's Youthscapers Program.
CAN YOU HELP ME FIND ALANDSCAPER?
As a property or business owner, you areresponsible to maintain all sidewalks abutting yourproperty or business in a non-slippery conditionfree of ice and snow and provide a pathway of atleast 36 inches.
Please clear openings at intersections & crosswalksso pedestrians can cross safely.
WHAT ABOUT SNOW REMOVAL?
For non-snow obstructions: $50 per occurrence
For snow-related sidewalk obstructions a business or multi-family home: $100 for the first violation, compounding $50 foreach subsequent violation.
The owner of a single family home may be fined $50 for theviolation, compounding $50 for each subsequent violation.
FINES
If you receive a notice that your business or property is inviolation of Brookline's sidewalk obstruction town-by-law,please address the notice promptly. Restaurants andproperty owners may reach out to the Department ofPublic Works for guidance.
HOW LONG DO I HAVE TO ADDRESSTHE ISSUE?
PUBLIC RIGHTS-OF-WAYHelp Prevent Sidewalk Obstructions
21 Daysto
Comply
Office of Diversity, Inclusion, & Community RelationsDepartment of Public Works
WHAT YOU NEED TO KNOW