For the purpose of this chapter, the words and phrases used herein shall have the following meanings, except in those instances where the context clearly indicates a different meaning.
- ACTUAL SERVICE DELIVERY
- Actually engaged in or performing services, including but not limited to trades, repairs and/or loading or unloading of goods, supplies, merchandise or any other items at the premises of a resident of the City of Chicopee.
- BUS STOP
- An area in the roadway set aside for the boarding of or alighting from and the parking of buses.
- 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.
- Any situation in which the life, safety, welfare or property of a resident of the City of Chicopee is immediately endangered.
- EMERGENCY VEHICLE
- Vehicles of the Fire Department (fire patrol), 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.
- HANDICAPPED PARKING ZONE
- Any on- or off-street municipal or other parking space posted "Handicapped Parking Only" and/or bearing the international symbol for the handicapped or statements of similar import and authorized by its listing in § 260-68 of this chapter.
- A longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles.
- Any officer of the Chicopee Police Department or any officer authorized to direct or regulate traffic or to make arrests for the violation of traffic regulations.
- 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 vehicle.
- Any person afoot or riding on a conveyance moved by human power, except bicycles or tricycles.
- Includes any individual, firm, copartnership, association or corporation.
- RAILROAD CROSSING
- Any intersection of ways with a railroad right-of-way.
- RECREATIONAL VEHICLE
- Any motor vehicle which is designed as and solely for recreational purposes.
- Any individual or business which is located in the City of Chicopee.
- 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 TRAFFIC
- The counterclockwise operation of a vehicle around an object or structure.
- SAFETY ZONE
- Any area or space set aside within a roadway for the exclusive use of pedestrians and which has been indicated by signs, lines or markings, having the written approval of the Department of Public Works, Commonwealth of Massachusetts.
- SERVICE ZONE
- An area in the roadway set aside for the accommodation of commercial and transient vehicular traffic.
- That portion of a street or highway set aside for pedestrian travel.
- STREET or HIGHWAY
- The entire width between property lines of every way open to the use of the public for purposes of travel.
- STREET MARKING, OFFICIAL
- Any painted line, legend, marking or marker of any description painted or placed upon any way which purports to direct or regulate traffic and which has been authorized by the Board of Aldermen and which has the written approval of the Department of Public Works, Commonwealth of Massachusetts.
- TAXICAB STAND
- An area in the roadway in which certain taxicabs are required to park while waiting to be engaged.
- Pedestrians, ridden or herded animals, vehicles, street cars or other conveyances, either singly or together, while using any street or highway for the purpose of travel.
- TRAFFIC CONTROL AREA
- Any area along any way, other than an intersecting way, at which drivers are to be controlled by traffic control signs.
- TRAFFIC CONTROL SIGNAL
- Any device using colored lights which conforms to the standards as prescribed by the Department of Public Works of the Commonwealth of Massachusetts, whether manually, electrically or mechanically operated, by which traffic may be alternately directed to stop and to proceed.
- TRAFFIC ISLAND
- Any area or space set aside within a roadway which is not intended for use by vehicular traffic.
- TRAFFIC SIGNALS, OFFICIAL
- All signals, conforming to the standards as prescribed by the Department of Public Works of the Commonwealth of Massachusetts, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purpose of directing or warning traffic.
- TRAFFIC SIGNS, OFFICIAL
- All signs, markings and devices, other than signals, not inconsistent with this chapter, and which conform to the standards prescribed by the Department of Public Works of the Commonwealth of Massachusetts and placed or erected by authority of a public body or official having jurisdiction for the purpose of guiding, directing, warning or regulating traffic.
- The turning of a vehicle by means of continuous left turn whereby the direction of such vehicle is reversed.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
It shall be the duty of officers designated by the Chief of Police to enforce the provisions of this chapter. 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 chapter, provided that in the event of a fire or other emergency, officers of the Police and Fire Departments may direct traffic to expedite traffic or safeguard pedestrians, as conditions require, notwithstanding the provisions of this chapter.
The Chief of Police is hereby authorized to close, temporarily, any street or highway in an impending or existing emergency or for any lawful assemblage, demonstration or procession, provided that there is reasonable justification for the closing of such street.
The driver of any vehicle involved in an accident resulting in the injury or death of any person or property damage to an apparent total extent of $100 or more shall, within 24 hours, make a full and complete report, in writing, of such accident to the police headquarters in this City. 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 Police Department, copies of which shall be available at the police station. Compliance with this section, however, 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.
If any vehicle is found upon any street or highway in violation of any provisions of this chapter and the identity of the driver cannot be determined, the owner or the person in whose name such vehicle is registered shall be held prima facie responsible for such violations.
Any person violating any provisions of any rule, regulation or order regulating the parking of motor vehicles made by any body authorized to make the same shall be dealt with as provided by MGL c. 90, § 20A 1/2, except that if it is an offense subject to this chapter, timely payment of a fine of $15 shall operate as a final disposition of the case; provided, however, that if said offense shall be a violation of the Handicap Parking Ordinance, emergency winter parking regulations or Fire Lane Ordinance, as provided by this chapter, timely payment of a fine of $50 shall operate as a final disposition of the case.
However, if timely payment is not made as provided for in the notice prescribed by MGL c. 90, § 20A 1/2, the Parking Clerk shall assess a fine of $40, if the Parking Clerk has not reported the failure to appear to the Registrar, and $60 if the Registrar has been notified.
These rules are adopted with the intent that each of them shall have force and effect separately and independently of every other, except insofar as, by express reference or necessary implication, any rule or any part of a rule is made dependent upon another rule or part thereof.
All official signs, lights, markings, signal systems or devices erected or installed under prior rules or regulations and necessary to the enforcement of these regulations shall be deemed to have been lawfully erected or installed hereunder, provided that the same were erected or installed with the permission and approval of the Department of Public Works of the Commonwealth of Massachusetts, and insofar as the same are necessary as aforesaid for the enforcement of these regulations, they shall be deemed continuing hereunder, but in all other respects all prior rules, orders and regulations made by the City Council for the regulation of vehicles are hereby expressly repealed. This repeal, however, shall not affect any punishment or penalty imposed or any complaint or prosecution pending at the time of the passage hereof for any offense committed under said prior rules, orders or regulations hereby repealed, nor shall said repeal be effective unless and until these rules and regulations have been approved and published as required by law.
If any section, subsection, sentence, clause or phrase of these rules and orders is, for any reason, unconstitutional, such decision shall not affect the validity of the remaining portion of these rules and orders. The City Council hereby declares that it would have passed these regulations and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional.
The provisions of this chapter shall not apply to operators actually engaged in work upon a street or highway closed to travel or under construction or repair, to officers when engaged in the performance of public duties nor to drivers of emergency vehicles while operating in an emergency and in performance of public duties when the nature of the work of any of these necessitates a departure from any part of this chapter. These exemptions shall not, however, protect the driver of any vehicle from the consequences of a reckless disregard of the safety of others.