Section 12. The city council of a city or the selectmen of a town may, for the purpose of determining whether a canal or waterway within the limits of the city or town is dangerous to the public, give a public hearing thereon, after notice in writing, to the person owning, operating or controlling said canal or waterway, and if after such hearing the council or selectmen shall adjudge said canal or waterway to be dangerous to the public, they shall order that a suitable fence be erected along said canal or waterway or any portion thereof. The person so ordered to erect the fence may within thirty days after written notice of said order, appeal therefrom to the department of highways, which shall thereupon give due notice and hear all parties interested, and its decision thereon shall be final.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIV - Public Ways and Works
Chapter 88 - Ferries, Canals and Public Landings
Section 3 - Sufficiency and Safety of Boats
Section 4 - Remedy for Damage From Negligence or Default of Ferryman
Section 5 - Keeping Ferry Without License; Liability
Section 6 - Maintenance of Ferry by Towns
Section 7 - Apportionment of Expense of Maintenance of Ferry
Section 8 - Negligence in Maintaining Ferry
Section 9 - Certificate of Character of Load
Section 10 - False Statement as to Quantity or Quality of Goods Laden
Section 11 - Examination of Load
Section 12 - Fencing Dangerous Canals
Section 13 - Failure to Comply With Fencing Order
Section 15 - Failure to Lay Out; Appeal to County Commissioners
Section 16 - Ascertainment of Location of Common Landing Place
Section 17 - Discontinuance; Appeal