[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:
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.
An area in a public way designated by the Town Council set
aside for boarding of or alighting from a parked bus.
Any vehicle being used in the transportation of goods, wares
or merchandise for commercial purposes or being registered as such.
Any commercial vehicle of 2 1/2 tons' capacity or over.
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.
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.
Any procession of mourners properly identified as such accompanying
the remains of a human body.
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.
A longitudinal division of a roadway into a strip of sufficient
width to accommodate the passage of a single lane of vehicles.
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.
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.
That portion of a curbing the painting of which has been
authorized by the Town Council and which has the written approval
of the Highway Division of the Massachusetts Department of Transportation.
[Amended 6-20-2016 by Ord. No. 16-095]
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 Highway Division of the Massachusetts
Department of Transportation.
[Amended 6-20-2016 by Ord. No. 16-095]
All signs, markings and devices, other than signals, not
inconsistent with this section, and which conform to the standards
prescribed by the Highway Division of the Massachusetts Department
of Transportation 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.
[Amended 6-20-2016 by Ord. No. 16-095]
All signals conforming to the standards prescribed by the
Highway Division of the Massachusetts Department of Transportation,
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.
[Amended 6-20-2016 by Ord. No. 16-095]
Highways or streets designated as one-way and upon which
vehicular traffic may move only in the direction indicated by signs.
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.
Any person afoot or riding on a conveyance moved by human
power, except bicycles or tricycles.
Any intersection of ways with a railroad right-of-way.
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.
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.
The entire width between property lines of every way open
to the use of the public for the purposes of travel.
An area in the roadway in which certain taxicabs are required
to park while waiting to be engaged.
Pedestrians, ridden animals, vehicles or other conveyances,
either singly or together, while using any street or highway for the
purpose of travel.
Any device using colored lights, which conforms to the standards
as prescribed by the Highway Division of the Massachusetts Department
of Transportation, whether, manually, electrically or mechanically
operated, by which traffic may be alternately directed to stop or
proceed.
[Amended 6-20-2016 by Ord. No. 16-095]
Any area or space set aside, within a roadway, which is not
intended for use by vehicular traffic.
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.
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.
(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 Highway Division of the Massachusetts Department
of Transportation,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.
[Amended 6-20-2016 by Ord. No. 16-095]
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 Highway Division
of the Massachusetts Department of Transportation, 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.
[Amended 6-20-2016 by Ord. No. 16-095]
(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 Highway Division of
the Massachusetts Department of Transportation, 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.
[Amended 6-20-2016 by Ord. No. 16-095]
(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, attached and made a part hereto, in the manner outlined and
during the period of time set forth.
[Amended 6-20-2016 by Ord. No. 16-095]
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.
(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.
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(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:
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:
(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 Highway Division of the Massachusetts Department
of Transportation under authority of MGL c. 85, § 2, shall
be subject to the penalty provided in such rules and regulations.
[Amended 6-20-2016 by Ord. No. 16-095]
(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 Highway Division of the Massachusetts Department
of Transportation, 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.
[Amended 6-20-2016 by Ord. No. 16-095]
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 Highway
Division of the Massachusetts Department of Transportation, in the
case of state highways, authorizing such placement or erection has
been granted and is in effect.
[Amended 6-20-2016 by Ord. No. 16-095]
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.
(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:
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.