In accordance with the provisions of MGL c.
40, § 22D, the City Council hereby enacts the regulations
of this article authorizing the removal to a convenient place of vehicles
parked or standing in such manner, or in such areas as are hereinafter
described on any way under the control of the City. Vehicles specifically
exempt by MGL c. 40, § 22D, shall not however be subject
to such removal.
The moving or towing of any vehicle under the
provisions of this article shall be by and at the direction of the
Chief of Police or such other officers of the rank of Sergeant or
higher as he may from time to time designate.
The City Council hereby imposes upon the owner
of any vehicle moved or towed to a convenient place, under the provisions
of this article, the following fees:
A.
Removal or towing fee. Not to exceed that which is
provided in or authorized by statutory law.
B.
Storage fees. Not to exceed that which is provided
in or authorized by statutory law.
C.
Administrative tow fees. It is herein established
that an administrative tow fee as set forth in Chapter 174, Fees,
be assessed to every police-ordered tow in the City of Northampton.
[Added 10-16-2008]
D.
No towing company shall be allowed to provide police-ordered
towing services to the City unless it is under written agreement with
the Police Department to abide by the terms and conditions established
in the written agreement. Further, any tow company so permitted shall
maintain an office and secured storage facility within the City, and
shall be available on a twenty-four-hour, seven-day-a-week basis for
towing and claiming of vehicles.
[Added 10-16-2008]
The contractor shall be liable to the owner
for any damage arising out of negligence caused to a vehicle in the
course of removal and storage.
[Amended 10-15-1981; 12-18-1997]
No person shall stand or park or allow, permit or suffer any vehicle registered in his name to stand or park in any of the following places as described in Subsections A through J below. Vehicles found in violation of the provisions of this section, except those specifically exempt by law, shall be removed to a convenient place under the direction of an officer of the Police Department, and the owner of the vehicle so removed or towed away shall be liable for the cost of such removal and storage, if any, as set forth in § 312-93. The owner of any vehicle removed or towed away under the provisions of this section shall also be subject to the penalties provided in § 312-99 of this chapter.
A.
Upon any way in such a manner as to impede the removal
or plowing of snow or ice except vehicles parked in accordance with
approved regulations governing all night parking.
B.
Upon any sidewalk.
C.
Upon any crosswalk.
D.
Upon any way within 20 feet of an intersecting way
except alleys.
E.
Upon a way within 10 feet of a fire hydrant.
F.
On a roadway side of any vehicle stopped or parked at the edge or curb of the way or upon a bike lane per § 312-80.
[Amended 12-15-2005]
G.
In front of a public or private driveway.
H.
Upon any way where the parking of a vehicle will not
leave a clear and unobstructed lane at least 10 feet wide for passing
traffic.
No person shall stand or park or allow, permit or suffer any vehicle registered in his name to stand or park on any of the ways or parts of ways as described in a schedule of streets designated as Schedule XV in § 312-116 hereto appended to which reference is made and which Schedule XV is specifically incorporated in this section. Vehicles found in violation of the provisions of this section, except those specifically exempted by law, shall be removed to a convenient place under the direction of an officer of the Police Department, and the owner of the vehicle so removed, or towed away shall be liable to the cost of such removal and storage, if any, as set forth in § 312-93. The owner of any vehicle removed or towed away under the provisions of this section shall also be subject to the penalties provided in § 312-99 of this chapter.
The provisions of § 312-97 shall be effective only during such time as a sufficient number of official traffic signs bearing the legend "TOW-AWAY ZONE" are installed, erected, maintained and located so as to be visible to approaching drivers, such signs to be appended above or incorporated into the legend of parking prohibition signs.
The Police Department shall keep a record of
all vehicles towed or removed under the provisions of this article.
Such record shall be retained for one year and shall contain the following
information:
