[HISTORY: Adopted by the Board of Selectmen of the Town of Marblehead
as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-27-1963]
In accordance with the provisions of MGL c. 40, § 22D, as
most recently added by Chapter 322 of the Acts of 1961, the provisions of
which were accepted by vote of Town Meeting held on March 11, 1963, under
Article 46 of the warrant for said meeting, the Board of Selectmen of the
Town of Marblehead hereby enacts the following regulations authorizing the
removal to a convenient place of vehicles parked or standing in such manner
or in such areas as are hereinafter described on any way under the control
of the Town of Marblehead. Vehicles specifically exempt by Chapter 322 of
the Acts of 1961 shall not, however, be subject to such removal.
The moving or towing of any vehicle under the provisions of this article
shall be by and at the direction of the Chief of Police or such other officers
of the rank of lieutenant or higher as he may from time to time designate.
The Board of Selectmen hereby imposes upon the owner of any vehicle
moved or towed to a convenient place under the provisions of this article
the following fees:
The contractor shall be liable to the owner for any damage arising out
of negligence caused to a vehicle in the course of removal and storage.
No person shall stand or park or allow, permit or suffer any vehicle registered in his name to stand or park in any of the following places. Vehicles found in violation of the provisions of this section, except those specifically exempt by law, shall be removed to a convenient place under the direction of an officer of the Police Department, and the owner of a vehicle removed or towed away shall be liable to the cost of such removal and storage, if any, as set forth in § 264-3. The owner of any vehicle removed or towed away under the provisions of this section shall also be subject to the penalties provided in MGL c. 90, § 20A.
A.
Upon any way in such a manner as to impede the removal
or plowing of snow or ice, except vehicles parked in accordance with approved
regulations governing all-night parking.
B.
Upon any sidewalk.
C.
Upon any crosswalk.
D.
Upon any way within 20 feet of an intersecting way, except
alleys.
E.
Upon a way within 10 feet of a fire hydrant.
F.
On the roadway side of any vehicle stopped or parked
at the edge or curb of the way.
G.
In front of a public or private driveway.
H.
Upon any way where the parking of a vehicle will not
leave a clear and unobstructed lane at least 10 feet wide for passing traffic.
No person shall stand or park or allow, permit or suffer any vehicle registered in his name to stand or park on any of the ways or parts of ways hereinafter described and during the periods of time set forth. Vehicles found in violation of the provisions of this section, except those specifically exempt by law, shall be removed to a convenient place under the direction of an officer of the Police Department, and the owner of the vehicle so removed or towed away shall be liable to the cost of such removal and storage, if any, as set forth in § 264-3. The owner of any vehicle removed or towed away under the provisions of this section shall also be subject to the penalties provided in MGL c. 90, § 20A.
The provisions of § 264-6 shall be effective only during such time as a sufficient number of official traffic signs bearing the legend "Tow-Away Zone" are installed, erected, maintained and located so as to be visible to approaching drivers, said signs to be appended above or incorporated into the legend of parking prohibition signs.
The Police Department shall keep a record of all vehicles towed or removed
under the provisions of this article. Such record shall be retained for one
year and shall contain the following information:
[Adopted 6-12-1963]
In accordance with the provisions of MGL c. 90, § 18A, as
most recently added by Chapter 409 of the Acts of 1962, and in accordance
with the Pedestrian Control Standards of the Department of Public Works of
the Commonwealth of Massachusetts, the Board of Selectmen hereby enacts the
following regulations to govern the use of ways by pedestrians.
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 within 300 feet of a pedestrian, no such pedestrian
shall cross a way or roadway except within the limits of a marked crosswalk
and as hereinafter provided in these regulations. For the purpose of these
regulations, 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.
A.
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.
B.
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 vehicle or procession has passed, at which time pedestrians shall then
cross the roadway only as provided in these regulations.
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.
A.
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.
B.
Red alone or "Don't Walk." Whenever the words "Don't
Walk" or any indication other than red and yellow shown together is illuminated
in a traffic control signal where pedestrian indications are provided, pedestrians
approaching or facing such indication shall wait on the sidewalk, edge of
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.
C.
Green alone. 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.
D.
Yellow alone, red alone or flashing "Don't Walk." Pedestrians
approaching or facing a yellow, red or flashing "Don't Walk" illuminated indication
shall not start to cross a roadway.
E.
Flashing red, yellow or green. At any traffic control
signal location 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.
A.
When traffic control signals are not in place or not
in operation the driver of a vehicle, which for the purposes of this article
shall include bicycles, shall yield the right-of-way, slowing down or stopping
if need be so to yield, to a pedestrian crossing the roadway within a marked
crosswalk when the pedestrian is upon the half of the roadway upon which the
vehicle is traveling or when the pedestrian approaches from the opposite half
of the roadway to within five feet of that half of the roadway upon which
the vehicle is traveling.
B.
No operator of a vehicle shall pass any other vehicle
which has been stopped at a marked crosswalk to permit a pedestrian to cross
a way, nor shall any operator enter a marked crosswalk until there is sufficient
space on the other side of the crosswalk to accommodate the vehicle he is
operating notwithstanding any traffic control signal indication to proceed.
A.
No pedestrian shall suddenly leave a sidewalk or safety
island and walk or run into the path of a vehicle which is so close that it
is impossible for the driver to yield the right-of-way.
B.
Pedestrians shall at all times attempt to cross a roadway
using the right half of crosswalks.
C.
Where sidewalks are provided, it shall be unlawful for
any pedestrian to walk along and upon an adjacent roadway whenever the sidewalk
is open to pedestrian use.
D.
Where sidewalks are not provided, any pedestrian walking
along and upon a highway shall, when practicable, walk only on the left side
of the roadway on its unfinished shoulder facing traffic which may approach
from the opposite direction.
E.
Persons alighting from the roadway side of any vehicle
parked at the curb or edge or roadway shall proceed immediately to the sidewalk
or edge of roadway adjacent to the vehicle and shall cross the roadway only
as authorized by these regulations.
F.
It shall be unlawful for any person to actuate a pedestrian
control signal or to enter a marked crosswalk unless a crossing of the roadway
is intended.
Every pedestrian crossing a roadway at any point other than within a
marked crosswalk shall yield the right-of-way to all vehicles upon the roadway.
At a point where a pedestrian tunnel or overpass has been provided, pedestrians
shall cross the roadway only by the proper use of the tunnel or overpass.
The provisions of these regulations 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 these regulations,
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.
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 board or officer having control of such roadway
or highway.
These pedestrian control regulations shall be enforced by all officers
of the Town of Marblehead on and after July 1, 1963.
The provisions of these rules and regulations 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; to municipal,
state, federal or public service corporation employees while in the performance
of their duties; to 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 these rules and regulations.
Any person who violates the provisions of this article which deal with
the proper use of ways by pedestrians shall be punished as provided in MGL
c. 90, § 18A, as most recently added by Chapter 409 of the Acts
of 1962. Any person convicted of a violation of any other provisions of these
regulations relative to the operation of vehicles shall be punished by a fine
not exceeding $20 for each offense.
A.
All existing rules and regulations governing the operation
of vehicles or the use of ways by pedestrians which are inconsistent herewith
are hereby expressly repealed. This repeal shall not, however, affect any
punishment or penalty imposed or any complaint or prosecution pending at the
time of passage hereof for any offense committed under any of said rules and
regulations hereby repealed.
B.
If any section, subsection, sentence, clause or phrase
of these rules and regulations is for any reason found to be unconstitutional,
such decision shall not affect the validity of the remaining portion of these
rules and regulations. The Board of Selectmen of the Town of Marblehead hereby
declares that it would have passed these rules and 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 be declared
unconstitutional.