[Adopted 4-14-1997 ATM by Art. 67, approved
8-5-1997]
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
In order to facilitate the removal of snow or
debris, afford public safety agencies unhindered access to areas of
the Town while responding to emergencies or in order to provide protection
to the public, upon the declaration of a state of emergency for the
Town of Nantucket by the Governor of the Commonwealth of Massachusetts
or upon a declaration of a state of emergency by the Chairman of the
Select Board or his designee in consultation with the various public
safety departments of the Town, the Chairman of the Select Board or
his designee is authorized to order the closure of certain traveled
ways in the Town to motor vehicles.
An emergency closing of any traveled way under
this article shall only be made during a declared emergency, and any
way so closed shall be opened as soon as practicable to avoid any
undue inconvenience to the traveling public. The provisions of this
article shall be in addition to and shall not replace any other provision
of this Code, any regulation of the Town or any applicable state law
or regulation pertaining to the closing of ways.
Any person found to be in violation of this
article shall be subject to a fine of $200. Furthermore, any motor
vehicle operated upon a closed way or parked and left upon a closed
way may be towed and impounded at the operator's expense until the
state of emergency is lifted.
This article may be enforced by any police officer of the Town or any state police officer. An enforcement officer may use the noncriminal disposition specified in Chapter 1, Article II, of this Code. This section shall not limit the enforcement of any other applicable statute or regulation regarding the operation of motor vehicles.
The provisions of this article are severable
and, if any of these sections are held unconstitutional or otherwise
invalid by any court of competent jurisdiction, the decision of such
court shall not affect or impair any of the remaining sections.
