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Town of Weymouth, MA
Norfolk County
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[HISTORY: Adopted by the Town of Weymouth. Amendments noted where applicable.]
For the purpose of this section, the words and phrases used herein shall have the following meanings except in those instances where the context clearly indicates a different meaning:
BUS
Any motor vehicle operated upon a public way in any city or town for the carriage of passengers for hire in such a manner as to afford a means of transportation similar to that afforded by a railway company.
BUS STOP
An area in a public way designated by the Town Council set aside for boarding of or alighting from a parked bus.
COMMERCIAL VEHICLE
Any vehicle being used in the transportation of goods, wares or merchandise for commercial purposes or being registered as such.
COMMERCIAL VEHICLES, HEAVY
Any commercial vehicle of 2 1/2 tons' capacity or over.
CROSSWALK
That portion of a roadway ordinarily included within the prolongation or connection of curblines and property lines at intersections, or at any portion of a roadway clearly indicated for pedestrian crossing by lines on the road surface or by other markings or signs.
EMERGENCY VEHICLE
Fire vehicles, police vehicles, ambulances and emergency vehicles of federal, state and municipal departments or public service corporations when the latter are responding to an emergency in relation to the Police or Fire Department.
FUNERAL
Any procession of mourners properly identified as such accompanying the remains of a human body.
INTERSECTION
The area embraced within the extensions of the lateral curblines, or, if none, then the lateral boundary lines, of intersecting ways as defined in MGL c. 90, § 1, including divided ways.
LANE
A longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single lane of vehicles.
MOTOR SCOOTER
Any two-wheeled tandem or three-wheeled device with handlebars or other steering device designed to be stood upon or seated upon by the operator and powered by electric or gas-powered motor that is capable of propelling the device with or without human propulsion. The definition of "motor scooter" shall not include a motorcycle or motorized bicycle or a three-wheeled motorized wheelchair.
OFFICER
Any police officer, investigator, examiner or inspector of the Registry of Motor Vehicles, any constable, special officer or crossing guard, provided he has his badge of office displayed.
OFFICIAL CURB MARKING
That portion of a curbing the painting of which has been authorized by the Town Council and which has the written approval of the Massachusetts Highway Department.[1]
OFFICIAL STREET MARKING
Any painted line, legend marking or markers of any description painted or placed upon any way which purports to direct or regulate traffic and which has been authorized by the Town Council, and which has the written approval of the Massachusetts Highway Department.[2]
OFFICIAL TRAFFIC SIGNS
All signs, markings and devices, other than signals, not inconsistent with this section, and which conform to the standards prescribed by the Massachusetts Highway Department[3] and which are placed or erected by authority of a public body or official having jurisdiction, for the purpose of guiding, directing, warning, or regulating traffic.
OFFICIAL TRAFFIC SIGNALS
All signals conforming to the standards prescribed by the Massachusetts Highway Department,[4] not inconsistent with this ordinance, placed or erected by authority of a public body or official having jurisdiction, for the purpose of directing or warning traffic.
ONE-WAY HIGHWAYS
Highways or streets designated as one-way and upon which vehicular traffic may move only in the direction indicated by signs.
PARKING
The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience to an officer or traffic signs or signals, or while making emergency repairs or, if disabled, while arrangements are being made to move such vehicles.
PEDESTRIAN
Any person afoot or riding on a conveyance moved by human power, except bicycles or tricycles.
RAILROAD CROSSING
Any intersection of ways with a railroad right-of-way.
ROADWAY
That portion of a street or highway between the regularly established curblines or that part, exclusive of shoulders, improved and intended to be used for vehicular traffic.
ROTARY/ROUNDABOUT TRAFFIC
Counterclockwise operation of a motor vehicle around an object, structure, or island in the roadway. All motor vehicles approaching a roundabout shall properly observe the "Yield" signs and give priority to motor vehicles in the roundabout.
STREET OR HIGHWAY
The entire width between property lines of every way open to the use of the public for the purposes of travel.
TAXICAB STAND
An area in the roadway in which certain taxicabs are required to park while waiting to be engaged.
TRAFFIC
Pedestrians, ridden animals, vehicles or other conveyances, either singly or together, while using any street or highway for the purpose of travel.
TRAFFIC CONTROL SIGNALS
Any device using colored lights, which conforms to the standards as prescribed by the Massachusetts Highway Department,[5] whether, manually, electrically or mechanically operated, by which traffic may be alternately directed to stop or proceed.
TRAFFIC ISLAND
Any area or space set aside, within a roadway, which is not intended for use by vehicular traffic.
U-TURN
The turning, by backing or otherwise, of a vehicle on a street or way so as to head or drive the vehicle along the same street or way in the opposite direction.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including bicycles when the provisions of this section are applicable to them.
[1]
Editor's Note: The former Highway Department is now the Highway Division of the Massachusetts Department of Transportation.
[2]
Editor's Note: The former Highway Department is now the Highway Division of the Massachusetts Department of Transportation.
[3]
Editor's Note: The former Highway Department is now the Highway Division of the Massachusetts Department of Transportation.
[4]
Editor's Note: The former Highway Department is now the Highway Division of the Massachusetts Department of Transportation.
[5]
Editor's Note: The former Highway Department is now the Highway Division of the Massachusetts Department of Transportation.
(a) 
Officers to direct traffic. It shall be the duty of officers designated by the Chief of Police to enforce the provisions of this section. Such officers are hereby authorized to direct all traffic either in person or by means of visible or audible signals in conformance with the provisions of this section.
(b) 
Police may close streets temporarily. The Director of Public Works as well as the Chief of Police, or his or her designee, are hereby authorized to close temporarily any street or highway in any impending or existing emergency, or for any lawful assemblage, construction project, demonstration or procession, provided there is reasonable justification for the closing of such street.
(c) 
Exemptions. The provisions of this section shall not apply to operators actually engaged in work upon a street or highway closed to travel or under construction or repair. It does not apply to officers when engaged in the performance of public duties or to drivers of emergency vehicles while operating in an emergency and in the performance of public duties when the nature of the work of any of these necessitates a departure from any part of this section. These exemptions shall not, however, protect the driver of any vehicle from the consequences of a reckless disregard of the safety of others.
(d) 
Drive within marked lanes. When any roadway has been divided into lanes, a driver of a vehicle shall drive so as to be entirely within a single lane and shall not move from the lane in which he is driving until he has first ascertained if such movements can be made with safety.
(e) 
Use right lane. Upon all roadways, the driver of a vehicle shall drive in the lane nearest the right side of the roadway when said lane is available for travel, except when overtaking another vehicle or when preparing for a left turn.
(f) 
Impoundment of vehicle after operating under the influence (OUI). No motor vehicle impounded pursuant to an arrest for operating under the influence (OUI) of drugs and alcohol may be released prior to the passing of 12 hours following arrest.
(g) 
Overtaking and passing a vehicle.
1. 
The driver of a vehicle shall not overtake and pass a vehicle proceeding in the same direction unless there is sufficient clear space ahead on the right side of the roadway to permit the overtaking to be completed without impeding the safe operation of any vehicle ahead.
2. 
The driver of a vehicle, when about to be overtaken and passed by another vehicle approaching from the rear, shall give way to the right in favor of the overtaking vehicle, on suitable and audible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of his vehicle until completely passed by the overtaking vehicle.
3. 
The driver of a vehicle shall not overtake and pass any other vehicle proceeding in the same direction at any intersection of streets, except that this subsection shall not apply at intersections where traffic is controlled by traffic stop-and-go signals or by police officers.
4. 
Whenever any vehicle has stopped at a marked crosswalk, or at any intersection, to permit a pedestrian to cross the roadway, no operator of any other vehicle approaching from the rear shall overtake and pass such stopped vehicle.
(h) 
Obstructing traffic.
1. 
No person shall drive in such a manner as to obstruct unnecessarily the normal movement of traffic upon any street or highway. Officers are hereby authorized to require any driver who fails to comply with this subsection to drive to the side of the roadway and wait until such traffic as has been delayed has passed.
2. 
No driver shall enter an intersection or a marked crosswalk unless there is sufficient space on the other side of the intersection or crosswalk and on the right half of the roadway to accommodate the vehicle he is operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.
(i) 
Following too closely. The driver of a vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard to the speed of such vehicle and the traffic upon and condition of the street or highway.
(j) 
Obedience to traffic control signals. Colors and arrow indications in traffic control signals shall have the commands ascribed to them in this subsection, and no other meanings. Every driver of a vehicle, railway car, or other conveyance shall comply therewith, except when otherwise directed by an officer or by a lawful traffic regulating sign (other than a stop sign), signal or device. In no case shall a driver enter or proceed through an intersection without due regard to the safety of other persons within the intersection, regardless of what indications may be given by traffic control signals.
1. 
Green. While the green lens is illuminated, drivers facing such signal may proceed through the intersection, but shall yield the right-of-way to pedestrians and vehicles lawfully within a crosswalk or intersection at the time such signal was exhibited. Drivers making a right turn or left turn shall yield the right-of-way to pedestrians crossing with the flow of traffic.
2. 
Right, left and vertical green arrows. When a right arrow is illuminated, drivers facing the signal may turn right. When a left green arrow is illuminated, drivers facing the signal may turn left. When a vertical green arrow is illuminated, drivers facing the signal may go straight ahead. When a green arrow is exhibited together with a red or yellow lens, drivers may enter the intersection to make the movement permitted by the arrow but shall yield the right-of-way to vehicles and pedestrians proceeding from another direction on a green indication.
3. 
Yellow. While the yellow lens is illuminated, waiting drivers shall not proceed and any other drivers approaching the intersection or marked stop line shall stop at such point unless so close to the intersection that a stop cannot be made in safety; provided, however, that if a green arrow is illuminated at the same time, drivers may enter the intersection to make the movement permitted by such arrow.
4. 
Red.
a. 
While the red lens is illuminated, drivers facing a steady circular red signal alone shall stop at a clearly marked stop line or, if none, before entering the crosswalk or the near side of the intersection or, if none, then before entering the intersection and shall remain standing until an indication to proceed is shown, except as allowed by MGL c. 89, § 8.
b. 
No driver of a vehicle facing a circular red signal indication shall make a right turn where official traffic signs are installed and maintained prohibiting such turn at the intersection.
5. 
Red and yellow. While the red and yellow lenses are illuminated together, drivers shall not enter the intersection, and during such time the intersection shall be reserved for exclusive use of pedestrians.
6. 
Flashing red. When a red lens is illuminated in a traffic control signal by rapid intermittent flashes, and its use has been specifically authorized by the Massachusetts Highway Department,[1]drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a stop line when marked, and the right to proceed shall then be governed by the provisions of MGL c. 89, § 8.
[1]
Editor's Note: The former Highway Department is now the Highway Division of the Massachusetts Department of Transportation.
7. 
Flashing yellow. When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or pass such signal with caution.
8. 
Flashing green. A flashing green lens shall indicate an intersection or pedestrian crosswalk in use or subject to use by entering or crossing traffic. Drivers may proceed only with caution and shall be prepared to comply with a change in the signal to a red or red and yellow indication.
(k) 
Obedience to isolated stop signs. Every driver of a vehicle, railway car or other conveyance approaching an intersection of ways where there exists facing him an official sign bearing the word "STOP" or a flashing red signal indication, said signs or signal having, apart from these ordinances, the written approval of the Massachusetts Highway Department,[2] such approval being in effect, shall, before proceeding through the intersection, bring such vehicle, railway car or other conveyance to a complete stop at such a point as may be clearly marked by a sign or line, or if a point is not so marked, then at the nearer line or crosswalk of the intersection. This subsection shall not apply when the traffic is otherwise directed by an officer or by a lawful traffic regulating sign, signal or device.
[2]
Editor's Note: The former Highway Department is now the Highway Division of the Massachusetts Department of Transportation.
(l) 
Authorization and erection of stop signs. The erection of stop signs or flashing red signals is authorized so as to face the streets designated, upon a majority vote by the Town Council. The Town Council shall, before approving the erection of such sign or signal, review reports from the Town Traffic Engineer and the Police Department.
(m) 
Obedience to "yield" signs. Every driver of a vehicle or other conveyance approaching an intersection of ways where there exists facing him an official sign bearing the word "Yield," said sign having been erected in accordance with the written approval of the Massachusetts Highway Department,[3] such approval being in effect, shall surrender to oncoming traffic his right to enter the intersection until such time as he has brought his vehicle or other conveyance to a complete stop at a point between the "Yield" sign and the nearer line of the street intersection; provided, however, that this requirement to stop before entering the intersection shall not apply when a driver approaching a "Yield" sign can enter the intersection in safety without causing interference to approaching traffic. This subsection shall not apply when the traffic is otherwise directed by an officer or by a lawful traffic regulating sign, signal or device.
[3]
Editor's Note: The former Highway Department is now the Highway Division of the Massachusetts Department of Transportation.
(n) 
Emerging from alley or private driveway. The operator of a vehicle emerging from an alley, driveway or a garage shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across an alleyway or driveway.
(o) 
Flags or lights at end of a load. Every person operating or controlling any vehicle loaded with any material extending more than four feet beyond the front or rear of such vehicle shall provide same with a red flag by day and red light or lights at night placed at the front and rear of such load.
(p) 
Warning at garage exits. Where buildings are used for the keeping of more than four vehicles and the exits therefrom are within 10 feet of the line of a public street, warning by a mechanical or electrical device visible for a distance of 15 feet on either side of said exits, or by a person stationed at said exits, shall be given when vehicles are about to leave such building.
(q) 
Transfer of merchandise over sidewalk restricted. No one shall transfer merchandise from or to trucks or other vehicles over the sidewalk by the use of planks or skids, except when such transfer is reasonably necessary and provided the sidewalk is not unreasonably obstructed and then only for such period of time as is necessary, and any police officer may order such skids or planks removed or caused to be removed.
(r) 
Exclusion of heavy commercial vehicles.
1. 
The use and operation of heavy commercial vehicles is hereby restricted on those streets or parts of streets described in Appendix A of this chapter, in the manner outlined and during the period of time set forth.[4]
[4]
Editor's Note: Appendix A is included as an attachment to this chapter.
2. 
Exemptions. Subsection (r)(1) of this section shall not apply to heavy commercial vehicles going to or coming from places upon said streets for the purpose of making deliveries to or collections from abutting lands or buildings or adjoining streets or ways to which access cannot otherwise be gained, or to vehicles used in connection with the construction, maintenance and repair of said streets or public utilities therein, or to federal, state, municipal or public service corporation owned vehicles.
3. 
This subsection shall be effective only during such times that official traffic signs are displayed setting forth its provisions.
(s) 
Accident reporting. The driver of any vehicle involved in an accident resulting in the injury or death of any person or property damage to any one vehicle or other property in an apparent extent of $1,000 or more shall, within five days after such accident, report in writing to the Weymouth police station; provided, however, the Weymouth Police Department shall accept a report filed by an owner or operator whose vehicle has been damaged in an accident in which another person has unlawfully left the scene of an accident. A driver who has been incapacitated as a result of such accident, and to such extent as to make reporting impossible or unfavorable to his recovery, shall not be required to report such accident until he has recovered sufficiently to be able to do so. The report shall be made on a form furnished by the Registry of Motor Vehicles, copies of which shall be available at the police station. Compliance with this subsection shall not relieve such driver from the additional responsibility of reporting to the Registrar of Motor Vehicles any accident in which a person is killed or injured. The Weymouth police may require any driver or a vehicle involved in an accident, of which a report must be made as provided in this subsection, to file supplementary reports whenever the original report is insufficient in the opinion of the Police Department.
(t) 
Vehicle owner ultimately responsible. If any vehicle is found upon any street or highway in violation of any provisions of this section and the identity of the driver cannot be determined, the owner, or person in whose name such vehicle is registered, shall be prima facie responsible for such violation.
(u) 
Unlawful operation of vehicles. No person shall operate any motor vehicle, including, but not limited to, automobiles, mopeds, dune buggies, motorcycles, dirt bikes, motor scooters or any other motorized vehicle, on any publicly owned lands within the Town of Weymouth which have not been laid out as a way, or designated by the Recreation Division for the use by such vehicles.
(v) 
Riding restrictions on vehicles.
1. 
Restrictions generally; exceptions. No person shall ride upon any portion of a vehicle not designed or intended for use of passengers. This subsection shall not apply to an employee engaged in the necessary discharge of his duty, or to a person riding within truck bodies in space intended for merchandise.
2. 
Riding on handle bars prohibited. No operator of any motorcycle, bicycle, scooter or moped when upon the street shall carry any other person upon the handle bar, frame, mudguard or tank of any such vehicle nor shall any person so ride upon any such vehicle.
3. 
Clinging to moving vehicles. No person riding upon any bicycle, motorcycle, scooter, moped, coaster, sled, roller skates or boards, or any toy vehicle shall attach the same or himself without said toy to any moving vehicle upon any roadway.
(w) 
Material from vehicles falling upon public ways. Whoever drops or lets fall or permits or allows to drop or fall, upon any way or highway of the Town, from any truck, cart or vehicle, any piece of stone or granite, or other article of such size or character as may endanger public travel, shall immediately cause same to be completely removed from the limits of the way or highway.
(x) 
Roller skate and toy vehicle restrictions. No person upon roller skates, roller blades, skateboards or a similar toy device, or riding in or by means of any coaster, toy vehicle, or similar device shall go upon any sidewalk, crosswalk, traffic island or roadway which has been designated by the Town Council as prohibiting such activity.
(y) 
Starting, stopping, turning and backing signals. The driver of any vehicle, before starting, stopping, turning from a direct line or backing, shall first see that such movement can be made safely. If such movement cannot be made safely or if it interferes unduly with the normal movement of other traffic, such driver shall wait for a more favorable opportunity to make such movement. If the operation of another vehicle should be affected by a stopping or turning movement, the driver of such other vehicle shall be given a plainly visible signal.
(z) 
U-turns. No operator shall turn a vehicle so as to proceed in the opposite direction, unless such can be made without backing, and without causing any approaching operator to slacken speed or change his course, except that the preceding provisions shall not apply on any dead-end street, nor to applicants for driver's licenses while being tested by examiners of the Registry of Motor Vehicles and in accordance with specific directions of such examiners.
(aa) 
Designation of left-turn-prohibited areas.
1. 
No operator shall make a left turn on a Town street where a "No Left Turn" sign is posted as authorized by the Town Council.
2. 
The erection of "No Left Turn" signs may be authorized upon a majority vote of the Town Council. The Town Council shall, before approving the erection of such sign, review reports from the Town Traffic Engineer and the Police Department.
(bb) 
Operation of vehicles on roads under construction or repair. No operator shall enter upon the road surface of any street or highway or section thereof when, by reason of construction, surface treatment, maintenance or the like, or because of some unprotected hazard, such road surface is closed to travel, and one or more signs, lights or signals have been erected to indicate that all or part of the road surface of the street or highway is not to be used, or when so advised by an officer, watchman, member of a street or highway crew or employee of the Town, either audibly or by signals.
(cc) 
Driving on sidewalks prohibited. The driver of a vehicle shall not drive upon any sidewalk except at a permanent or temporary driveway.
(dd) 
Operation of vehicles in a procession.
1. 
It shall be the duty of each driver in a funeral or other procession to keep as near to the right edge of the roadway as is feasible and to follow the vehicle ahead as closely as practicable and safe.
2. 
At an intersection where a traffic control signal is operating, the driver of the first vehicle in a funeral or other procession shall be the only one required to stop for a red or yellow indication.
3. 
At an intersection where a lawful stop sign exists, the driver of the first vehicle in a funeral or other procession shall be the only one required to stop before proceeding through the intersection.
4. 
Each vehicle within a funeral or other procession shall be conspicuously marked so as to alert other motorists of the procession.
(ee) 
Driving through a procession. No operator of any vehicle shall drive between the vehicles comprising a funeral or other authorized procession, provided that such vehicles are conspicuously so designated.
(a) 
General prohibitions. No person shall park a vehicle in any of the following places; vehicles found parked in violation of the provisions of this section may be moved by or under the direction of an officer and at the expense of the owner to a place where parking is permitted pursuant to § 13-103(o) and (p).
1. 
Within an intersection;
2. 
Upon any sidewalk;
3. 
Upon any crosswalk;
4. 
Upon the roadway in a business or residential district where parking is permitted unless both wheels on the right side of the vehicle are within 12 inches of the curb or edge of the roadway, except where angle parking is required;
5. 
Upon the roadway where the parking of a vehicle will not leave a clear and unobstructed lane at least 10 feet wide for passing traffic;
6. 
Upon any street or highway within 10 feet of a fire hydrant;
7. 
In front of any private road or driveway;
8. 
Upon any street or highway within 20 feet of any intersecting way, except alleys;
9. 
Within 15 feet of the wall of a fire station or directly across the street from such station, provided signs are erected acquainting the driver of such restriction;
10. 
Alongside or opposite any street excavation or obstructions when such stopping, standing or parking would obstruct traffic;
11. 
Within the limits of private ways furnishing means of access for fire apparatus to any part of a tenement house or apartment house;
12. 
On the roadway side of any vehicle stopped or parked at the edge or curb of a street in such manner as to constitute a double line or multiple line parking;
13. 
Adjacent to any center division strip or island placed upon or being a part of any public way.
(b) 
Prohibited on certain streets. The Town Council, upon considering reports from the Town Traffic Engineer and Police Department, may, by majority vote, designate streets or highways or parts thereof where parking is hereby prohibited or restricted.
(c) 
Police may prohibit parking temporarily. The Chief of Police or his or her designee is hereby authorized to prohibit, temporarily, parking on any street or highway or part thereof in an impending or existing emergency or for a lawful assemblage, demonstration or procession, provided there is reasonable justification for such prohibition. Vehicles parked in places where parking is prohibited temporarily may be moved by or under the direction of an officer pursuant to Subsections (o) and (p) of this section.
(d) 
Bus stop.
1. 
No person shall park a vehicle other than a bus in a bus stop.
2. 
No person shall park a bus upon any street within a business district or a residential district at any place other than a bus stop.
(e) 
Angle parking.
1. 
The Town Council, upon review of recommendations issued by the Town Traffic Engineer and the Police Department, shall determine upon what streets angle parking shall be permitted and shall mark or sign such streets or cause the same to be marked or signed.
2. 
Upon streets which have been marked or signed for angle parking, vehicles shall be parked with one wheel within 12 inches of the curb and at the same angle to the curb indicated by such marks or official signs. The vehicle shall be parked so that all four wheels of the vehicle shall be placed wholly within the painted lines provided.
(f) 
Parallel parking. Upon a roadway where parking is permitted, both wheels on the right side of the vehicle are to be within 12 inches of the curb or edge of the roadway, except upon those streets which are designated as one-way streets. On such one-way streets, a vehicle shall be parked in the direction in which such vehicle is moving and with both wheels on one side of the vehicle within 12 inches of the curb. This shall not apply to streets or parts of streets where angle parking is required by this chapter.
(g) 
No all-night parking. It shall be unlawful for the driver of any vehicle, other than one acting in an emergency, to park said vehicle on any street for a period of time longer than one hour between the hours of 12:01 a.m. and 7:00 a.m. of any day.
(h) 
Parking time limited in designated places.
1. 
No person shall park a vehicle for a period of time longer than 30 minutes on the streets or parts of streets where signs are adequately posted limiting parking to 30 minutes.
2. 
No person shall park a vehicle for a period of time longer than one hour on the streets or parts of streets where signs are adequately posted limiting parking to one hour.
3. 
No person shall park a vehicle for a period of time longer than two hours on the streets or parts of streets where signs are adequately posted limiting parking to two hours.
This subsection shall be effective only during such time as sufficient official traffic signs are displayed setting forth its provisions.
(i) 
Municipal parking lots.
1. 
Municipal parking areas shall be designated by a majority vote of the Town Council. The following are designated as municipal parking areas:
a. 
Columbian Square.
b. 
Upper Jackson Square.
c. 
Commercial Square (aka "Lower Jackson Square").
d. 
Weymouth Landing.
e. 
Old Wessagusett Beach Parking Lot.
f. 
George East Lane Beach Parking Area.
g. 
Pleasant Street and Iron Hill Street area.
2. 
Hours. No person shall park a vehicle in said parking areas for a period of time longer than one hour between the hours of 12:01 a.m. and 7:00 a.m. or for longer than two hours between the hours of 8:00 a.m. and 5:00 p.m.
3. 
Litter prohibited. No person shall throw or cause to be thrown or placed upon said parking areas any nails, glass, bottles, tin cans, rubbish or filth of any kind or commit any nuisance thereon.
4. 
Preparation of rules and regulations; form of permit; fee. The Town Council shall prepare rules and regulations governing the use of said municipal parking areas and the parking of vehicles therein and may alter, rescind or add to any rules and regulations previously made by them, which shall include the issuance of permits by the Chief of Police or his designee to the owner or owners of each motor vehicle of a person entitled to such a permit. Such permit may be in the form of a window sticker, so-called, for the display of such sticker on the window of each vehicle so covered by such permit or tags. A fee in an amount set by the Town Council shall be charged for each permit, and such fee shall be turned into the Town Treasurer.
5. 
Posting of regulations. Signs warning all persons of the provisions of these regulations shall be erected at the entrances and exits of said parking areas, and no person shall be held liable for violation of these regulations except when such signs are actually in place.
6. 
George East Lane Beach and Old Wessagussett Beach parking areas.
a. 
Use limited to Town residents. The use of the George East Lane Beach and Wessagussett Beach parking areas shall be limited to inhabitants of the Town of Weymouth as defined herein, and no other person or persons shall use the same as a parking area or space for vehicles or trespass upon the same for any purpose whatsoever.
b. 
Definition. As used in this subsection, "inhabitants" shall have the following meaning: residents occupying dwelling units within the Town, their families and household guests.
(j) 
Parking for handicapped.
1. 
Use of spaces restricted; number of spaces required. No person shall park a motor vehicle, motorcycle or like means of transportation in a designated parking space that is reserved for vehicles owned and operated by disabled veterans or by handicapped persons unless said vehicle bears the distinctive number plates or placards authorized by MGL c. 90, § 2.
2. 
Any person or body that has lawful control of a public or private way or of improved or enclosed property used as off-street parking areas for businesses, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, residential dwellings or for any other place where the public has a right of access as invitees or licensees shall be required to reserve parking spaces in said off-street parking areas for any vehicle owned and operated by a disabled veteran or handicapped person whose vehicle bears the distinguishing license plate authorized by MGL c. 90, § 2, according to the following formula:
If the number of parking spaces in any such area is:
a. 
More than 15 but not more than 25: one parking space.
b. 
More than 25 but not more than 40: 5% of such spaces, but not less than two.
c. 
More than 40 but not more than 100: 4% of such spaces, but not less than three.
d. 
More than 100 but not more than 200: 3% of such spaces, but not less than four.
e. 
More than 200 but not more than 500: 2% of such spaces, but not less than six.
f. 
More than 500 but not more than 1,000: 0.5% of such spaces, but not less than 10.
g. 
More than 1,000 but not more than 2,000: 1% of such spaces, but not less than 15.
h. 
More than 2,000 but not more than 5,000: 0.75% of such spaces, but not less than 20.
i. 
More than 5,000: 0.5% of such spaces, but not less than 30.
3. 
Designation of spaces. Parking spaces designated as reserved under the provisions of Subsection (i) shall be identified by use of abovegrade signs with white lettering against a blue background and shall bear the words "Handicapped Parking: Special Plate or Placard Required. Unauthorized Vehicles May be Removed at Owner's Expense"; shall be as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person; and shall be 12 feet wide or two eight-foot-wide areas with four feet of cross-hatch between them.
4. 
Regulation of unauthorized vehicles. Unauthorized vehicles shall be prohibited within parking spaces designated for use by disabled veterans or handicapped persons as authorized by Subsection (j) of these ordinances or in such a manner as to obstruct a curb ramp designated for use by handicapped persons as a means of egress to a street or public way.
(k) 
Vehicle weight limits.
1. 
Rules and regulations. It is unlawful to park a motor vehicle with a registered gross vehicle weight rating of 10,000 pounds or more, or any tractor or trailer as defined in MGL c. 90, § 1, or any motor vehicle requiring hazardous material placards for a period of time exceeding one hour on any street or Town-owned parking facility, unless the operator of such vehicle is employed in loading or unloading such vehicle or trailer.
2. 
Violations and penalties. A vehicle as described in this subsection left standing over 24 hours may be towed and stored at the owner's expense.
(l) 
Fire lanes; vehicles in private ways.
1. 
Obstruction of private way. It shall be unlawful to obstruct or block a private way with a vehicle or any other means so as to prevent access by fire apparatus or equipment to any schools and places of public assembly.
2. 
Obstruction of fire lanes. It shall be unlawful to obstruct or park a vehicle in any clearly marked fire lane, such fire lanes to be designated by the Chief of the Fire Department or his designee and posted as such. Said fire lanes shall be a distance of 12 feet from the curbing of a sidewalk in a shopping center, apartment complexes and similar locations. Where no sidewalk with curbing exists, the distance and location shall be established by the Chief of the Fire Department or his or her designee.
3. 
Removal of objects obstructing access. Any object or vehicle obstructing or blocking any fire lane or private way may be removed or towed by the Town under the direction of a police officer at the expense of the owner and without liability to the Town of Weymouth.
4. 
Installation of signs and road markings. The owner of record of any building affected by these subsections shall provide and install signs and road markings as provided in Subsection (l)(2) of this subsection. Said signs shall be no less than 12 inches by 18 inches and shall read "Fire Lane - No Parking - Tow Zone."
(m) 
Parking restricted for vehicles for sale. It is unlawful for any person to park upon a street, sidewalk or highway any vehicle displayed for sale.
(n) 
Parking for maintenance and storage. No person shall stop, stand or park any vehicle or other conveyance upon any public way in order to repair such vehicle or other conveyance or cause it to be repaired upon any public way of the Town, nor shall any person occupy any part of any public way as storage room for any vehicle; except that in an emergency, temporary repairs may be made.
(o) 
Authority to remove illegally parked cars. Vehicles found standing or parked in violation of any of the provisions of this section, except those specifically exempted by law, may be removed to a convenient location under the direction of an officer of the Police Department of a rank of sergeant or higher as the Chief of Police may designate, and the owner of the vehicle so removed or towed shall be liable for the cost of such removal and storage, if any, as set forth in this section.
The Police Department shall keep a record of all vehicles towed or removed under the provisions of § 13-103. Such record shall be retained for one year and shall contain the following information:
1. 
The registration of the vehicle;
2. 
The location from which it was towed, and time and date of tow order;
3. 
The location to which it was moved;
4. 
The fee charged for the towing;
5. 
Name of towing contractor;
6. 
Name and rank of the officer who authorized the tow.
(p) 
Recovery of towed vehicle. An owner may not recover a towed vehicle until all charges lawfully imposed for such removal and storage following the same have been paid, and, if in the calendar year in which such vehicle is so removed, and in the preceding year, five or more notices, in the aggregate, have been affixed to said vehicle as provided in MGL c. 90, § 20A, until due notice has been received that either the fines provided in such notices have been paid or security for the payment thereof has been deposited.
(q) 
Parking fines. Pursuant to the provisions of MGL c. 90, § 20A, the following schedule of fines is enacted:
[Amended 6-15-2015 by Ord. No. 15-031]
Fines of $25:
1.
Right wheels more than 12 inches from curb;
2.
Overtime parking;
3.
All-night parking;
4.
Within 20 feet of an intersection;
5.
Wrong direction;
6.
Restricted or prohibited area, including Town Hall and municipal lots;
7.
Beach permit parking;
8.
Improper parallel parking;
9.
Improper angle parking;
10.
Lack of ten-foot passage;
11.
Blocking a driveway or private road;
12.
Double parking;
13.
Restricted area.
Fines of $50:
1.
Truck parking restriction;
2.
Vehicle on crosswalk;
3.
Interfering with snow removal;
4.
Fire station entrance;
5.
Within 10 feet of a fire hydrant;
6.
Block private way/obstruct fire apparatus;
7.
On a sidewalk;
8.
Within an intersection;
9.
Uninspected motor vehicle on a public way;
10.
Unauthorized parking on any municipal property.
Fines of $100:
1.
Unregistered motor vehicle in a public way;
2.
Vehicle parked in a bus stop shall be subject to a fine of $100 for the first offense and $200 for any second or subsequent offense;
3.
Parking in fire lane.
Fines of $200:
1.
Handicapped parking zone;
2.
Blocking handicap ramp;
3.
Blocking handicap access.
(r) 
Penalties for violation of parking ordinance. Any person violating any provision of this chapter regulating parking of motor vehicles shall be dealt with as provided in MGL c. 90, § 20A, and any person violating any of the rules and regulations applicable to state highways made by the Massachusetts Highway Department[1] under authority of MGL c. 85, § 2, shall be subject to the penalty provided in such rules and regulations.
[1]
Editor's Note: The former Highway Department is now the Highway Division of the Massachusetts Department of Transportation.
(a) 
Traffic signs and signals.
1. 
The Town Council, upon reviewing reports from the Traffic Engineer and Police Department, shall by majority vote be authorized and have the duty to designate the placement of all official traffic signs, signals, markings and safety zones required hereunder. All signs, signals, markings and safety zones shall conform to the standards as prescribed by the Massachusetts Highway Department,[1] Federal Highway Administration Manual on Uniform Traffic Control Devices. The maintenance of traffic signs shall be the responsibility of the Department of Public Works as set forth in ordinance.
[1]
Editor's Note: The former Highway Department is now the Highway Division of the Massachusetts Department of Transportation.
2. 
With the exception of § 13-103(c), prohibiting or restricting parking within § 13-103 shall be effective only during such time as a sufficient number of signs are erected and maintained in each block designating the provisions of such section and located so as to be easily visible to approaching drivers.
3. 
Sections relating to one-way streets shall be effective only during such time as a sufficient number of official signs are erected and maintained at each of the exits for each one-way street, so that at least one sign will be clearly visible for a distance of at least 75 feet to drivers approaching such an exit.
(b) 
Display of unauthorized signs, signals and markings prohibited. It shall be unlawful for any person to place or maintain or to display upon or in view of any street any unofficial sign, signal, marking or device which purports to be or is an imitation of or resembles an official traffic sign, signal, marking or device or which attempts to direct the movement of traffic or which hides from view any official sign or signal.
(c) 
Placement of structures or property in streets prohibited.
1. 
No person shall place, erect or cause to be placed or erected within any sidewalk, street or highway any fixture or structure unless a permit issued by the Mayor, in the case of Town ways, or by the Massachusetts Highway Department,[2] in the case of state highways, authorizing such placement or erection has been granted and is in effect.
[2]
Editor's Note: The former Highway Department is now the Highway Division of the Massachusetts Department of Transportation.
2. 
No person, other than one employed, directly or indirectly, by the Town or the Massachusetts Highway Department and while in the performance of necessary public duties, shall at any time place or leave in any sidewalk, street or highway any article, material or merchandise, or park a vehicle or cart on any sidewalk, street or highway for the purpose of displaying merchandise unless a permit issued by the Town Council, in the case of Town ways, or the Massachusetts Highway Department, in the case of state highways, authorizing such use of the sidewalk, street or highway has been granted and is in effect, except as may be necessary for the reasonable and expeditious loading or unloading of any such vehicle; provided, however, that such property shall never be left so as to obstruct the free passage of pedestrians or vehicular traffic.
3. 
Any such fixture, structure or property as referred to in this subsection which has been erected, placed or left illegally in any street, highway or sidewalk may be removed by or under the direction of the Mayor or his designee and at the owner's expense.
(d) 
One-way streets. The Town Council, upon reviewing reports from the Traffic Engineer and Police Department, shall by majority vote be authorized and have the duty to designate streets or highways or parts thereof as one-way streets.
(a) 
Obedience to police officers and traffic control signals; crosswalks defined. Pedestrians shall obey the directions of police officers directing traffic and, whenever there is an officer directing traffic, a traffic control signal or a marked crosswalk, shall remain within the limits of a marked crosswalk and as hereinafter provided in this chapter. For the purpose of this section, a marked crosswalk shall only be construed to be that area of a roadway reserved for pedestrian crossing located between two solid white reflectorized, twelve-inch pavement markings in rural areas or markings not less than six inches wide in urban areas, said markings or lines being no less than six feet apart.
(b) 
Definition and duty to obey traffic control signals. Traffic control signal color indications and legends shall have the commands ascribed to them in this section and no other meanings, and every pedestrian shall comply therewith, except when otherwise directed by an officer.
1. 
Red and yellow or the word "Walk." Whenever the red and yellow lenses are illuminated together or the single word "WALK" is illuminated, pedestrians facing such indication may proceed across the roadway and in the direction of such signal only.
2. 
Red only or "Don't Walk." Whenever the words "Don't Walk" or any indication other than red and yellow shown together are illuminated in a traffic control signal where pedestrian indications are provided, pedestrians approaching or facing such indication shall wait on the sidewalk edge of the roadway or in the pedestrian refuge area of a traffic island and shall not enter upon or cross a roadway until the proper indication is illuminated in the traffic control signal; but any pedestrian who has partially completed his crossing on the walk indication shall proceed or return to the nearest sidewalk or safety island on the yellow indication, the red indication or when the words "Don't Walk" are illuminated by rapid intermittent flashes.
3. 
Green only. At traffic control signal locations where no pedestrian indication is given or provided, pedestrians facing the signal may proceed across the roadway within any marked crosswalk in the direction of the green indication.
4. 
Yellow only, red only, or flashing "Don't Walk." Pedestrians approaching or facing a yellow, red or flashing "Don't Walk" illuminated indication shall not start to cross the roadway.
5. 
Flashing red, yellow or green. At any traffic control signal locations where a flashing red, flashing yellow or flashing green indication is being given facing a crosswalk, pedestrians shall actuate, where provided, the pedestrian signal indication and cross the roadway only on the red-yellow or "Walk" indication when such indication is in operation. If no pedestrian signal is provided, pedestrians shall cross within crosswalks with due care.
(c) 
Required use of traffic control signals. At a traffic control signal location where pedestrian indications are provided but which are shown only upon actuation by means of a pedestrian push button, no pedestrian shall cross a roadway unless or until the pedestrian control signal push button has been actuated, and then cross only on the proper pedestrian signal indication. At traffic control signal locations where no pedestrian indication is provided, pedestrians shall cross only on the green indication. If necessary, the green indication shall be actuated by the pedestrian by means of a push button.
(d) 
Right-of-way through traffic control signals. At a traffic control signal location, pedestrians shall yield the right-of-way to vehicles of a funeral or other procession or authorized emergency vehicle while in performance of emergency duties regardless of the signal indication given, and they shall not attempt to cross the roadway until such vehicles or procession has passed, at which time pedestrians shall then cross the roadway only as provided in this section.
(e) 
Improper use of traffic control signal. It is unlawful for any person to actuate a pedestrian control signal or to enter a marked crosswalk unless a crossing of the roadway is intended.
(f) 
Hitchhiking and soliciting; permission required. No person shall stand in a roadway for the purpose of soliciting a ride, employment or business from the operator or occupant of any vehicle without the written permission of the Mayor or his designee pursuant to § 9-401 of these ordinances.
(g) 
Provisions of this section not exclusive. The provisions of this section shall in no way abrogate the provisions of MGL c. 90, § 14, Precautions for safety of other travelers, and § 14A, Protection of blind pedestrians crossing or attempting to cross ways." Furthermore, notwithstanding the provisions of this section, every operator of a vehicle shall exercise due care to avoid colliding with any pedestrian upon the roadway and shall give warning by sounding the horn when necessary and shall exercise proper precautions which may become necessary for safe operation.
(h) 
Exemptions from § 13-105. The provisions of this section governing the use of ways by pedestrians shall not apply to: pedestrians actually engaged in work upon a roadway closed to travel or under construction or repair; municipal, state, federal or public service corporation employees while in the performance of their duties; officers engaged in the performance of their public duties; or to pedestrians acting in an emergency when such emergency necessitates departure from any part of this section.
(i) 
Violations and penalties. Pursuant to MGL c. 90, § 18A, any person who violates the provisions of this section which deal with the proper use of ways by pedestrians shall be punishable by a fine not exceeding $25 for each offense.
No motor vehicle operated upon a public way in any city or town for the carriage of passengers for hire in such a manner as to afford a means of transportation similar to that afforded by a railway company shall stand such vehicle in a street unless to take on or let off a passenger, and then only at such places as may be designated by the Town Council and for such time as may be sufficient to enable the passenger to take a seat or to leave such omnibus or vehicle; and provided, further, that no operator of such vehicle shall operate it in a street other than those designated by the Town Council.
(a) 
Location of bus stops, taxicab stands and service zones. The Town Council, upon reviewing reports from the Traffic Engineer and Police Department, shall by majority vote be authorized and have the duty to designate the location of all bus stops, taxicab stands and service zones. In the case of taxicab stands, the Town Council shall designate by majority vote who may use them as such.
(b) 
Enforcement. The Town of Weymouth Police Department shall enforce this section of Chapter 13 governing the implementation of bus stops pursuant to the provisions of MGL c. 40, § 21D, as amended.
(c) 
Penalties for violation of bus ordinance. Any person or entity who or which violates the provisions of this section of Chapter 13 governing the implementation of bus stops shall be liable to a fine of $100 for the first offense and $200 for any second or subsequent offense.
(a) 
General provisions. No person shall abandon any vehicle within the Town, and no person shall leave any vehicle at any place within the Town for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned. No person shall leave any partially dismantled, nonoperating, wrecked or junked vehicle on any street or highway within the Town.
1. 
Noncriminal provisions. Notwithstanding the provisions of MGL c. 90, § 22B, Subsection (a), or any other general or special law to the contrary, proceeding under the provisions of Subsection (a)(2) through (10), inclusive, shall be deemed noncriminal.
2. 
Automobile owner. As used in Subsection (a)(2) through (10), inclusive, the word "owner" shall mean the person or entity registered as the owner of a motor vehicle in the records of the Registry of Motor Vehicles or the person or entity who or which last had custody or possession of a motor vehicle, legally or otherwise, including, without limitation, operators and owners of automobile graveyards or junkyards as defined in MGL c. 140B, § 1; provided, however, that the owner of a motor vehicle which has been stolen from said owner and subsequently abandoned shall not be subject to the penalties provided for in this section.
3. 
Violations and penalties. A person who abandons a motor vehicle, registered or unregistered, upon any public or private way or upon the property of another, without the permission of the owner or lessee of said property, shall pay a civil penalty of $250 for the first such abandonment and $500 for each such abandonment thereafter and, in addition thereto, shall be liable for costs incurred by the Town in removing or disposing of such motor vehicle, including, but not limited to, towing, storage, processing and disposal charges.
4. 
Identification upon discovery. A police officer or a person assigned responsibility for abandoned motor vehicles by the Parking Clerk who determines that a motor vehicle has been abandoned shall attach a tag to said vehicle containing, but not limited to, the following information: the current date, the location of said vehicle, its make, color, registration number, if any, and its vehicle identification number, a telephone number or address at which the owner may obtain information regarding the status of the motor vehicle; the hearing procedure regarding abandoned motor vehicles, as provided herein; and a statement that after a specified period of time, the vehicle may be towed and disposed of.
5. 
Notice to owner. After said tag has been affixed to such vehicle, if the owner's identity is ascertained and the motor vehicle is still deemed to be abandoned pursuant to MGL c. 90, § 22C, the Parking Clerk or his designee shall send a written notice, in a form approved by the Registrar of Motor Vehicles, by first class mail to the owner's last known address as contained in records of said Registrar of Motor Vehicles. Such notice shall be deemed sufficient, whether or not actually received by the addressee, if mailed to the address furnished by said Registrar. Such notice shall contain, but not be limited to, the following information regarding the abandoned vehicle: the current date; the location of said vehicle, make, color, registration number, if any, and its vehicle identification number; the amount of the fine and costs assessed for the offense; and the scheduled date, time and place of the hearing before a hearing officer. Notwithstanding the hearing scheduled by the Parking Clerk, the owner shall be granted a hearing prior to the scheduled hearing date by appearing at the office of the Parking Clerk during its regular business hours and requesting an immediate hearing regarding the apparently abandoned vehicle. Notwithstanding the hearing scheduled by the Parking Clerk, the owner may elect to have the matter adjudicated in accordance with the provisions of Subsection (a)(7) herein.
6. 
Hearing. All such hearings shall be held before a person hereinafter referred to as a "hearing officer," who shall be the Parking Clerk or a designee of said Parking Clerk. Such hearings shall be informal, the rules of evidence shall not apply and decisions of the hearing officer shall be subject to judicial review as provided by MGL c. 30A, § 14. No appeal or exception shall operate to stay the imposition of the fine and costs, the revocation or nonrenewal of the license or the prohibition of registration as provided for herein.
7. 
Disposition of case. A person so notified to appear before the hearing officer may appear and contest or confess the alleged violation, either personally or through an agent duly authorized in writing, or, in the alternative, may confess the alleged violation by mailing to the Parking Clerk the notice, accompanied by the fine and any costs assessed; provided, however, that such payment shall be made only by postal note, money order, or registered check made payable to the Town of Weymouth.
8. 
Failure to appear at hearing or pay fine. If the owner fails to appear at a hearing or fails to pay the fine and costs, the Parking Clerk shall, in the case of a person, notify the Registrar of Motor Vehicles, who shall place the matter on record and not renew the license of such person to operate a motor vehicle and, in the case of an entity, notify the appropriate person to revoke or not renew the owner's license or permit to operate a business pertaining to the towing, storing, servicing or dismantling of vehicles, including, without limitation, automobile graveyards and junkyards. If the abandoned vehicle is registered in such owner's name or was last registered in his name, the registrar shall prohibit the registration and renewal of registration of any such vehicle under such owner's name. Such notice shall be in a form approved by the Registrar of Motor Vehicles. Upon notification to the Registrar of Motor Vehicles of the owner's name, an additional charge of $10 shall be assessed against such owner of the abandoned vehicle. Said charge of $10 shall be collected by the Town, and notification of such collection shall be made to the Registrar of Motor Vehicles each month. On or before September 1 of each year, the Registrar shall certify the total number of ten-dollar charges to be assessed against the Town. This number shall equal the total number of notifications of actual collections by the Town. The Registrar shall transmit such certified assessments to the Treasurer of the Commonwealth, who shall include such assessments in the warrants prepared in accordance with MGL c. 59, § 20. All such actions taken by the Registrar shall remain in effect until the Registrar receives notice from the Parking Clerk that the matter has been disposed of in accordance with the law.
9. 
Effect on driver's license. Notwithstanding any other general or special law, ordinance or regulation to the contrary, if an owner has abandoned a vehicle on three occasions and has incurred a fine therefor, each subsequent abandonment, in addition to the fines and costs assessed herein, shall result, in the case of a person, in the revocation for one year of the owner's license to operate a motor vehicle and, in the case of an entity, in the revocation for one year of the owner's license or permit to operate a business pertaining to the towing, storing, servicing or dismantling of motor vehicles, including, without limitation, automobile graveyards and junkyards. Such one-year time period shall commence on the date on which the Parking Clerk's records indicate that a hearing was held and a fourth or subsequent abandonment was found or that a fine was received in the mail confessing a fourth or subsequent abandonment.
10. 
Disposal. Notwithstanding any other provisions of this section of this chapter, whenever the Parking Clerk or a person designated or appointed by said Parking Clerk shall deem that an abandoned vehicle is worth less than the cost of its removal, transportation and three days' storage and expenses incidental to its disposal, said Parking Clerk or designee shall direct a carrier to take possession of such vehicle and dispose of it as refuse. A record of such disposal shall be made and kept in the office of said Parking Clerk for a period of two years. Neither said Parking Clerk, carrier nor the Town shall be liable for such disposal. The owner of such vehicle shall be notified as hereinbefore provided and shall pay to said carrier all charges for removal, transportation, storage and disposal of such vehicle within 14 days after the mailing of said notice or shall be subject to the fine herein provided as well as nonrenewal of such owner's license to operate and registration of a motor vehicle.
11. 
Construal of terms. An "abandoned vehicle" is a motor vehicle which has either expired or no registration plates; has another vehicle's registration attached to it; is missing or has an expired inspection sticker; is missing parts or has excessive damage; or is considered a safety hazard, as determined by the Department Traffic Officer. Vehicles towed from the scene of an accident, if unclaimed by the owner, will also fall under the provisions of this section.
12. 
Preliminary procedure for abandoned vehicles. If the vehicle in question is properly parked and registered and the condition of the vehicle is not an immediate threat to public safety, before a determination is made that the vehicle is abandoned, the Police Department must attempt to locate the owner, up to and including the following:
(a) 
Question residents in the immediate area;
(b) 
Observe the vehicle for 72 hours;
(c) 
Run the vehicle identification number to identify the current or last-known owner;
(d) 
Attempt to contact said owner, either through certified mail or by telephone; and
(e) 
Issue a citation for abandonment and send it by certified mail to the last registered owner of record.
13. 
Towing of the vehicle. Subject to Subsection (a)(11) and (12) above, when no contact can be made, the vehicle will be towed by authority of the Traffic Officer, after which the garage is required, within five days, to send a registered letter to the owner of record.
(a) 
Purpose: to serve the public interest and safety by regulating the use of motorized scooters on any way, street, sidewalk, highway, boulevard, avenue, court, lane, alley, square, and place, school grounds, playgrounds, parks, or any other property where the public has a right of access.
(b) 
Exemptions. The following vehicles shall be exempt from the provisions of § 13-108:
1. 
Vehicles licensed by the Commonwealth of Massachusetts as motor vehicles;
2. 
Vehicles manufactured and designed for the transport of handicapped persons as those persons have been defined by state and federal law;
3. 
Any vehicle owned or leased by the Town of Weymouth;
4. 
Vehicles licensed or used by the Commonwealth of Massachusetts or any state agency, instrumentality or entity, federal government or any federal agency, instrumentality or entity, including the United States Postal Service, performing service to the public;
5. 
Personal motorized vehicles used by governmental law enforcement personnel, including police officers.
(c) 
Operator's rights. No person shall operate a motorized scooter on any way, street, sidewalk, highway, boulevard, avenue, court, lane, alley, square, and place, school grounds, playgrounds, parks, or any other property where the public has a right of access without a valid learner's permit or driver'S LICENSE Issued by the Massachusetts Registry of Motor Vehicles or other state-recognized department of motor vehicles. Every person operating a motorized scooter shall have all the rights and is subject to all the provisions applicable to the driver of any other motor vehicle as established under MGL c. 90, including, but not limited to, laws concerning driving under the influence of alcoholic beverages or drugs, except those provisions which, by their very nature, can have no application.
Under Massachusetts law, motor scooters fall into the category of "motorized bicycles" (with or without pedals) and are therefore regulated by driver's license rules. Operators of motor scooters must obey the same traffic control and right-of-way laws as Massachusetts licensed drivers.
(d) 
Operation: motor capable of disengagement.
1. 
A motorized scooter operated on any way, street, sidewalk, highway, boulevard, avenue, court, lane, alley, square, and place, school grounds, playgrounds, parks, or any other property where the public has a right of access shall comply with one of the following:
a. 
Operate in a manner so that the motor is disengaged or ceases to function when the brakes are applied;
b. 
Operate in a manner so that the motor is disengaged through a switch or mechanism that, when released, will cause the motor to disengage or cease to function.
2. 
It is unlawful and a violation of this section for a person to operate a motorized scooter that does not meet one of the requirements of Subsection (d)(1).
(e) 
Operation: right-hand curb. Any person operating a motorized scooter upon any way, street, sidewalk, highway, boulevard, avenue, court, lane, alley, square, and place, school grounds, playgrounds, parks, or any other property where the public has a right of access shall ride as close as practicable to the right-hand curb or right edge of the street except under the following situations:
1. 
When overtaking and passing another vehicle proceeding in the same direction;
2. 
When preparing for a left turn, the operator shall stop and dismount as close as practicable to the right-hand curb or right edge of the street and complete the turn by crossing the street on foot;
3. 
When reasonably necessary to avoid conditions, including, but not limited to, fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard-width lanes, which make it unsafe to continue along the right-hand curb or right edge of the street.
(f) 
Operator restrictions. No person shall, while operating a motorized scooter upon any way, street, sidewalk, highway, boulevard, avenue, court, lane, alley, square, and place, school grounds, playgrounds, parks, or any other property where the public has a right of access, do any of the following:
1. 
Operate a motorized scooter on a highway as defined under Chapter 90 of the General Laws of the Commonwealth of Massachusetts.
2. 
Operate a motorized scooter in violation of any federal, state, or local traffic and parking laws, ordinances, rules or regulations.
3. 
Operate a motorized scooter without wearing a properly fitted and fastened protective helmet or other headgear that meets the standards set by the American National Standards Institute (ANSI) or which is otherwise approved by the Massachusetts Department of Public Safety.
4. 
Operate a motorized scooter without a braking system that enables the operator to bring the scooter traveling at a speed of 15 miles per hour to a smooth, safe stop within 30 feet on a dry, clean, hard, level surface.
5. 
Operate a motorized scooter with any passengers in addition to the operator.
6. 
Operate a motorized scooter carrying any package, bundle, or article that prevents the operator from keeping at least one hand upon the handlebars.
7. 
Operate a motorized scooter with the handlebars raised so that the operator must elevate his or her hands above the level of his or her shoulders in order to grasp the normal steering grip area.
8. 
Operate a motorized scooter in a careless, reckless or negligent manner so as to endanger the life or safety of any person or the property of any other person.
9. 
Leave a motorized scooter lying on its side on any sidewalk, or park a motorized scooter on a sidewalk in any other position, so that there is not an adequate path for pedestrian traffic.
10. 
Attach the motorized scooter or himself or herself while on the street, by any means, to any other vehicle on the street.
11. 
Operate a motorized scooter at a speed in excess of 20 miles per hour.
12. 
Operate a motorized scooter upon any public street with a posted speed limit greater than 30 miles per hour.
13. 
When preparing for a left turn, the operator shall stop and dismount as close as practicable to the right-hand curb or right edge of the street, roadway or alley and complete the turn by crossing the street, roadway or alley on foot, subject to the restrictions placed on pedestrians.
14. 
Operate a motorized scooter upon a sidewalk, except as may be necessary to enter or leave adjacent property.
15. 
Operate a motorized scooter upon any way, street, sidewalk, highway, boulevard, avenue, court, lane, alley, square, and place, school grounds, playgrounds, parks, or any other property where the public has a right of access which prohibits bicycles.
16. 
Pass or overtake another motorized scooter traveling in the same direction.
17. 
Whenever a bicycle lane has been established on a public street, any person operating a motorized scooter upon that street shall ride within the bicycle lane, except that the person may move out of the lane under any of the following situations:
a. 
When overtaking and passing another vehicle or pedestrian within the lane or when about to enter a lane if the overtaking and passing cannot be done safely within the lane.
b. 
When preparing for a left turn, the operator shall stop and dismount as close as practicable to the right-hand curb or right edge of the roadway and complete the turn by crossing the roadway on foot, subject to the restrictions placed on pedestrians.
c. 
When reasonably necessary to leave the bicycle lane to avoid debris or other hazardous conditions.
d. 
When approaching a place where a right turn is authorized.
18. 
No person operating a motorized scooter shall leave a bicycle lane until the movement can be made with reasonable safety and then only after giving an appropriate signal in the manner provided in Chapter 90 or the General Laws in the event that any vehicle may be affected by the movement.
19. 
Operate a motorized scooter in or around school property while school is in session so as to disturb the peace.
20. 
Operate a motorized scooter in places of public access, such as malls, parking lots or other places where the public has a right of access as an invitee.
21. 
Operate a motorized scooter during hours of darkness (before sunrise or after sunset).
(g) 
Enforcement; violations and penalties.
1. 
The provisions of this section may be enforced by any police officer or any special police officer designated by the Chief of Police to do so.
2. 
A person who is charged with violating this section shall give his or her name and address to the enforcing authority.
3. 
The following penalties shall be applicable for violations of this section:
a. 
Any person who violates the provisions of this section shall be subject to a fine in accordance with MGL c. 90, § 1B, not more than $25 for the first offense, not less than $25 nor more than $50 for a second offense and not less than $50 nor more than $100 for subsequent offenses committed.
b. 
As an alternative to initiating a criminal proceeding, violation of this section may be enforced in a manner provided in the Town of Weymouth Ordinances and MGL c. 40, § 21D, which procedures are incorporated herein by reference. The penalty for each violation shall be as set forth in Subsection (g)(3)(a) above for each day or part of a day during which the violation is committed, continued or permitted; provided, however, that if a violator fails to follow the procedures and requirements of said MGL c. 40 § 21D, the fine or fines shall be recovered by indictment or a complaint pursuant to MGL c. 40, § 21.
c. 
Upon the violation of any provision of this section, any police officer or any special police officer designated by the Chief of Police may impound the motorized scooter until the operator appears in court. If the operator is a minor (yet to attain the age of 17 years), the motorized scooter may only be released to the offender's parent or legal guardian. If an operator is an adult and is convicted of violating any provision of this section, the motorized scooter may be subject to a forfeiture proceeding under the General Laws. If the operator is a minor, the motorized scooter may be subject to a forfeiture proceeding under the General Laws if the minor is adjudicated delinquent or has his or her case continued without a finding.