View source for Gate tender

THE MUNICIPAL CODE OF METHUEN, MASSACHUSETTS 2000 

CHAPTER 9  PUBLIC PEACE, SAFETY AND ORDER

Section 9-87. Regulating the Forest Lake Outlet and Establishing the Positions of Gate Tenders

A. Purpose

This ordinance is enacted under the authority of the Methuen City Council with the purpose of regulating the Forest Lake outlet structure and, most specifically, for the following reasons:

1. To control the drainage from Forest Lake, throughout the year, and especially during fall/winter draw-down.

2. To prevent downstream flooding of the residents in and adjacent to the Forest Lake area, including the abutters of the lake.

3. To insure the average elevation and capacity of Forest Lake.

4. To insure that the proper procedure for draw-down is followed and records kept to determine its effect and future draw-down beginning dates and whatever pertinent information that would be helpful.

B. Definitions

As used herein, the following terms shall be defined as follows:

1. "Forest Lake Outlet" - that brook and its adjacent features presently located between property now or formerly of Donald Petzold and Robert and Margaret Northrup and is now on a permanent easement by the City of Methuen.

2. "Outlet Control Structure" - that portion of the Forest Lake outlet on property now or formerly of Donald Petzold and Robert and Margaret Northrup.

3. "Gate Tender" - shall be the Superintendent of the Division of Environmental Management in the Department of Public Works or such other person as may be designated by the Director of Public Works. Said Gate Tender shall perform his duties under the Methuen City Charter, this ordinance and such other missions as may be assigned to him/her. In addition to Gate Tender, there shall be two Assistant Gate Tenders - one of whom shall be an abutter to Forest Lake and the other shall be a member of the Forest Lake Association. The Assistant Gate Tenders shall not alter or change the gate so as to affect drainage on Forest Lake, but shall assist the Gate Tender regarding maintenance and cleaning of the area in front of the structure and to the rear of the structure and advise him/her on safe capacity for Forest Lake.

C. Penalties

No person shall mark, deface, disfigure, injure, tamper with, or alter the Forest Lake Outlet structure. Further, no person, excepting the gate tenders or a duly authorized officer of the City of Methuen, shall adjust or alter the control structure as to affect or change drainage from Forest Lake. Any person violating this provision shall be subject to a fine of Two Hundred Dollars for each offense, each day or portion thereof, constituting a new and separate offense.

D. Gate Tenders

There is hereby established, as an officer of the City of Methuen, the unpaid positions of gate tender who are responsible for the control, maintenance/cleaning of the area in front of the structure, lakeside and rear of structure, brookside, from any debris that may hamper the structure from functioning properly, and that the structure will be checked monthly and after every storm. Further that access by way of permanent easement may not be hindered in any way by abutters of this structure, so that the gate tenders can perform their duties without obstruction.


E. Drainage

No person, including the gate tenders, shall alter or change the gate so as to affect the drainage of Forest Lake without having first duly received the permit and permission of the Conservation Commission of the City of Methuen, pursuant to the Wetlands Protection Act.

F. Posting

In addition to the other duties imposed upon the gate tenders, they shall, within thirty (30) days of the effective date of this ordinance, insure that an appropriate and permanent sign be affixed in the location at, or near, the Forest Lake outlet structure, indicating that the tampering with said gate shall carry with it a violation of City law and a penalty in the amount as hereinbefore fixed.

(Ordinance #149, Eff. March 7th, 1984; as amended by Ordinance #225, Eff. April 16th, 1986; as amended by Ordinance #287, Eff. June 15th, 1988; as amended by Ordinance #433, Eff. May 6th, 1992)