[Adopted 5-5-1986 as Title Two, Ch. III of the 1986 Code]
This article shall be deemed and construed to
be an exercise of the police power of the City of Franklin in the
State of New Hampshire for the preservation and protection of public
safety, and all of its provisions shall be liberally construed with
a view to the effectuation of such purposes.[1]
[1]
Editor's Note: Original Section 1.01, Conflict
With Other Regulations, which immediately followed this section, was
deleted 9-14-1998 by Ord. No. 98-4.
Nothing in this article shall apply to fire
apparatus, police cars, funeral cars, ambulances or vehicles or cars
officially used in connection with any city department or city business,
but such vehicles shall at all times be operated and otherwise handled
in a reasonable manner under the circumstances.
As used in this article, the following terms
shall have the meanings indicated:
That side of a street on which the street numbers of the
buildings are even numbers.
That side of a street on which the street numbers of the
buildings are odd numbers.
Every individual who shall operate a vehicle as the owner
thereof, or as the agent, employee or permittee of the owner, or who
is in actual physical control of a vehicle.
The standing of a vehicle, whether occupied or not, upon
a street otherwise than temporarily for the purpose of, and while
actually engaged in, receiving or discharging passengers or loading
or unloading merchandise or in obedience to traffic regulations, signs
or signals or an involuntary stopping of the vehicle by reason of
causes beyond the control of the operator of the vehicle.
Any individual, firm, partnership, association or corporation.
Any public street, avenue, road, parking lot, alley, highway,
lane, path or other public place located in the City of Franklin and
established for use of vehicles.
Any device in, upon or by which any person or property is
or may be transported upon a highway, except a device which is operated
upon rails or tracks.
A.
Fifteen-minute parking shall mean that no vehicle
shall stop or stand for more than 15 minutes at a time from 9:00 a.m.
until 6:00 p.m. on a Monday, Tuesday, Wednesday, Thursday and Saturday
or from 9:00 a.m. until 8:00 p.m. on a Friday, holidays and Sundays
excepted.
B.
Thirty-minute parking shall mean that no vehicle shall
stop or stand for more than 30 minutes at a time from 9:00 a.m. until
6:00 p.m. on a Monday, Tuesday, Wednesday, Thursday and Saturday or
from 9:00 a.m. until 8:00 p.m. on a Friday, holidays and Sundays excepted.
C.
One-hour parking shall mean that no vehicle shall
stop or stand for more than one hour at a time from 9:00 a.m. until
6:00 p.m. on a Monday, Tuesday, Wednesday, Thursday and Saturday or
from 9:00 a.m. until 8:00 p.m. on a Friday, holidays and Sundays excepted.
D.
Two-hour parking shall mean that no vehicle shall
stop or stand for more than two hours at a time from 9:00 a.m. until
6:00 p.m. on a Monday, Tuesday, Wednesday, Thursday and Saturday or
from 9:00 a.m. until 8:00 p.m. on a Friday, holidays and Sundays excepted.
E.
No parking shall mean that no vehicle shall stop or
stand in the areas designated as "No Parking."
F.
One-way streets shall mean those streets on which
traffic shall move only in the direction designated.
A.
The Police Chief shall designate suitable areas in
the business district for the parking of bicycles and shall install
in such areas appropriate racks in which bicycles may be parked.
B.
Unless otherwise noted, the operation of bicycles
within the city shall conform to that of motor vehicles. Persons riding
bicycles shall observe all traffic signs and stop signs and shall
further observe all traffic rules and regulations applicable thereto
and shall turn only at intersections and at all turns ride on the
right side of the street or highway, passing overtaken vehicles that
are slower moving to the left, and shall pass to the right when meeting
another vehicle.
C.
No person shall operate or propel a bicycle without
having his or her hands upon the handlebar, so-called, and a bicycle
with one seat shall not carry another person on said bicycle thereof.
No person riding a bicycle shall hold onto a bus, truck or any other
moving vehicle. Any bicycle operated by the owner or any other person
lawfully in the custody thereof in violation of any of the provisions
of this article may be taken into custody and be impounded for a period
of not more than 30 days. This shall be determined by the police officer.
Pedestrians shall be subject to traffic control
signals when such signals are in operation and shall cross the street
on red-walk signals only, except that where the traffic control signals
do not indicate a red-walk series, pedestrians shall cross on a red-walk
light only. No person shall cross any public street at any point other
than at a marked crosswalk in the urban compact area.
A.
A vehicle shall not turn about (make a turn of 180°)
in a public street or intersection.
B.
No person shall steal a ride on any vehicle. No person
shall ride upon any part of a vehicle not designated or intended for
the use of passengers. This provision shall not apply to an employee
engaged in the necessary discharge of a duty nor to persons riding
within truck bodies in space intended for merchandise.
A.
Stop signs shall be erected at street intersections
by vote of the City Council and shall be of a type and size approved
by the State Highway Commissioner. Every person driving a vehicle
shall, upon approaching an intersection at which there is a stop sign
facing him or her and at which there is no police officer directing
traffic and there are no traffic lights in operation, come to a full
stop before crossing said intersection and yield the right-of-way
to any vehicle approaching said intersection by any street not likewise
posted.
B.
Except as provided by state law, no person shall drive
a vehicle onto or over the intersection of highways protected by any
traffic signal or signals maintained by the city when such signal
or signals show a red or amber light facing said person or otherwise
indicate that vehicles are to be stopped; provided, however, that
he or she may make a right-hand turn over such intersection if there
is a green arrow on such signal or signals and if in so doing he or
she does not have to pass to the left of any vehicle stopped or stopping
because of such signal or signals.
C.
No person shall break, deface or move any official
sign, post or signal device placed in a highway for the direction
of traffic.
D.
The Police Department shall control all traffic in
the streets or highways. Police officers may divert vehicular or pedestrian
traffic when necessary to avoid congestion or to promote safety and
convenience, and no person having charge of a vehicle shall refuse
or neglect to stop or start or place the same as directed by a police
officer.
Police, Fire Department, ambulances, funeral
processions and emergency repair vehicles of public utilities shall
have the right-of-way in any street.[1]
[1]
Editor's Note: Original Section 3.04.01, which
immediately followed this section and dealt with fire apparatus, was
deleted 9-14-1998 by Ord. No. 98-4.
A.
Slow-moving automobiles or other vehicles shall keep
as close as possible to the curb on the right so as to allow fast-moving
vehicles free passage on the left.
B.
The driver of an automobile or other vehicle shall,
in slowing up, stopping, backing, turning or starting to turn from
a standstill, give a plainly visible or audible signal to show his
or her intention.
C.
No vehicle shall stop so as to interfere with or prevent
the passing of pedestrians at foot crossing or stand within the intersection
of the street.
D.
No vehicle incapable of being turned without backing
shall be turned about in any of the following streets: Central Street
between Prospect Street and River Street; Franklin Street between
Central Street and School Street; Main Street between Depot Street
and Webster; or in Smith and Memorial Streets.
E.
No person driving or propelling any vehicle shall
cause or permit such vehicle to enter the intersections at Central
Street and Franklin Street beyond the marked outer boundaries of the
crosswalks reserved for pedestrian traffic except when the traffic
light facing him or her at said intersection shows green or flashes
yellow intermittently. No person on foot shall cross said intersection
except within the marked boundaries of said crosswalks, nor shall
he or she start to cross except when permitted by the pedestrian traffic
signal.
F.
No person shall drive a vehicle into any street which
has been designated by the City Council as a one-way street except
in obeyance of the signs indicating in which direction traffic is
permitted or when directed by a police or traffic officer.
G.
It shall be unlawful for the direction officer or
the operator of any railroad train to direct the operation of, or
to operate the same, in such manner as to prevent the use of any street
for purposes of travel for a period of time longer than five minutes,
except that this provision shall not apply to trains or cars in motion
other than those engaged in switching.
H.
Motor vehicles within the City of Franklin shall,
without exception, yield the right-of-way to pedestrian traffic when
such traffic is located in an appropriately designated pedestrian
crosswalk.
A.
On any city street or portion thereof not specified
in other sections of this article, vehicles shall stand for a reasonable
time only, and, upon complaint of the owner or occupant of the premises
in front of which said vehicle is standing, the police shall investigate
the time said vehicle has parked and, upon reasonable proof that said
vehicle has abused the parking privilege, shall, upon a first offense,
issue the warning to the owner, operator or manager of said vehicle
and keep a record of said warning and, upon second or subsequent offenses,
shall issue to said owner, operator or manager notice that he or she
is in violation of this article.
B.
No automobile or other vehicle carrying passengers
for hire shall park on Central Street between Memorial Street and
Prospect Street nor on Franklin Street between Central Street and
Church Street longer than necessary to discharge and take passengers
or to load. The Chief of Police may assign such vehicle parking stations
for their exclusive use.
C.
No vehicle shall stop or stand with its left side
to the curb or sidewalk on any public street except where said public
street is a one-way street and said vehicle is headed in the proper
direction of traffic movement.
D.
No vehicle shall stop or stand within 10 feet of a
street intersection unless in an emergency except to allow pedestrians
to cross at the intersection or in response to a police signal.
E.
No vehicle shall stop or stand within 10 feet of a
fire hydrant, except that a vehicle may stop or stand within any designated
parking area in accordance with other provisions of this article.
F.
The Municipal Services Department is hereby directed
and authorized to mark off individual parking spaces on the public
streets or highways of the city, said parking spaces to be designated
by lines painted or durably marked on the curbing or surface of the
street. At each space so marked off, it shall be unlawful to park
any vehicle in such a way that said vehicle shall not be entirely
within the limits of the spaces so designated, unless such vehicles
are too large to be confined in one such space.
[Amended 9-14-1998 by Ord. No. 98-4]
G.
No vehicle with an overall length of more than 20
feet shall park in a diagonal parking space unless said vehicle is
actually being loaded or unloaded.
H.
No truck or other vehicle shall stop or stand to deliver
or pick up merchandise, freight or other goods unless said vehicle
is parked in a designated loading zone at the curb or parking space
or in such manner that it does not project into or obstruct the traveled
way.
A.
No vehicle shall be parked on a public street to remain
continuously so parked during the period from 12:00 midnight to sunrise,
except in case of emergency, and any vehicle so parked during the
period from 12:00 midnight to sunrise shall, at the discretion of
the Police Department, be towed away at the expense of the owner of
said vehicle.
B.
No vehicle shall be parked on a public street between
the hours of 9:00 p.m. and 6:30 a.m. during snowstorms, during snowplowing
operations by the city or its agents or during snow removal operations
by the city or its agents. In addition to the penalties provided by
this article, any vehicle found parked contrary to the provisions
of this subsection shall, at the discretion of the Police Department
or Municipal Services Department, be towed away at the expense of
the owner of said vehicle.
[Amended 9-14-1998 by Ord. No. 98-4]
C.
No person owning or operating any type of motor vehicle
or carriage or having in his or her charge any motor vehicle or carriage
shall cause or allow said vehicle to remain standing or parked within
the limits of any street in the city in such a manner that said vehicle
will interfere with or impede the plowing of snow from the surface
of said street, and so-called all-night parking on any street in the
city is hereby prohibited during the months of January, February,
March, April, November and December.
D.
No person owning or operating any type of motor vehicle
or other vehicle or having in his or her charge any vehicle shall
cause or allow said vehicle to remain standing or parked within the
limits of any public parking area in the city, excepting a certain
area as designated by signs erected from time to time by the Police
Department permitting overnight parking in said posted area between
the hours of 11:00 p.m. and 8:00 a.m., in such manner that said vehicle
will interfere with or impede the plowing of snow from the surface
of said parking area between the hours of 11:00 p.m. and 6:00 a.m.
during the months of January, February, March, November and December.[1]
[Amended 9-14-1998 by Ord. No. 98-4]
E.
Any vehicle parked in violation of the provisions
of this section may be towed away by the city or its agents to a suitable
location and held there until the reasonable cost of said removal
shall have been paid to the city, as well as a storage charge, if
said vehicle shall not be reclaimed within 24 hours of its removal.
These charges shall be in addition to any fine imposed for violation
of this Code.
F.
Unless they are inconsistent with the previous regulations,
all state statutes with reference to the operation and parking of
motor vehicles are hereby deemed in full force in the city. Where
appropriate, the doctrine of state preemption shall apply. In cases
where two standards are promulgated, the higher shall be deemed to
apply.
This section shall control the parking or placement
of motor vehicles upon the public ways within the City of Franklin.
To the extent that this section is inconsistent with any prior enactment
or ordinance by the City of Franklin, this section shall be controlling.
A.
No person shall park an automobile in a way inconsistent
with posted parking signs, regulations or other markings adopted by
the City of Franklin indicating a restricted parking area.
B.
No person shall park an automobile in violation of
the winter parking ban as adopted by the City of Franklin.
C.
No person shall park any vehicle overnight on a public
way within the City of Franklin in violation of the pertinent ordinance
to that effect.
D.
No person shall park any vehicle in violation of any
posted ban on parking on a specific side of a public way within the
City of Franklin. Further, no person shall park any vehicle in a public
way in such a manner so that the left side of said vehicle faces the
curb or side of the street, except where said public street is a one-way
street and said vehicle is headed in the proper direction of traffic
movement.
[Amended 9-14-1998 by Ord. No. 98-4]
E.
No person shall park a vehicle within the City of
Franklin so that such vehicle exceeds posted time limitations on parking.
F.
No person shall park a motor vehicle within the City
of Franklin so that said vehicle is entirely or partially within a
marked crosswalk or upon any sidewalk within the city. Further, no
vehicle shall be left parked within a street intersection or within
20 feet of the corner of such an intersection within the city.
G.
No vehicle within the City of Franklin shall be left
standing or parked within 10 feet of any fire hydrant or pedestrian
crosswalk located at a traffic intersection or within 10 feet of any
stop sign or traffic control device.
H.
No motor vehicle shall be left parked in the City
of Franklin adjacent to a curb painted with the color yellow or within
any space appropriately marked with yellow paint designating that
parking is forbidden.
I.
No motor vehicle shall be double-parked or left in
any way within the commonly traveled way of the public streets of
the City of Franklin.
J.
No vehicle shall be allowed to be parked or shall
stand in a municipal parking lot for a period of time in excess of
24 hours. All motor vehicles must be removed from municipal parking
lots at least once in each consecutive twenty-four-hour period. Further,
no municipal parking lot shall be used for the storage of any unregistered
or uninspected motor vehicle.
[Added 4-17-2002 by Ord. No. 01-02]
A.
Bus stops. The Chief of Police may designate bus stops
properly marked at which buses may pick up or discharge passengers
at the curb.
B.
Loading zones. The Chief of Police may designate loading
zones which shall be reserved for delivery and pickup of merchandise,
freight or other goods and at which buses may pick up or discharge
passengers at the curb. Vehicles not immediately engaged in such activities
shall not be parked in zones so designated. However, in the event
that the Chief of Police designates a loading zone area within certain
time constraints, then said zone may be used for normal vehicle parking
at all other times. Any such vehicle found to be in violation of this
subsection after being ticketed may be towed at the discretion of
the on-duty police supervisor.
[Amended 12-2-1996 by Ord. No. 96-10; 7-7-1997 by Ord. No.
97-2]
C.
Deliveries. No vehicles shall engage in the activity of delivering or receiving merchandise on Central Street between its intersection with West Bow Street and its intersection with East Bow Street except in conformance with this subsection. Deliveries and pickups shall not be made Monday through Saturday between 9:30 a.m. and 5:00 p.m., except any such activity that can be accomplished, and is actually completed, within a twenty-minute period or which takes place entirely within a legally designated loading zone. In the case of activities within a loading zone, the posted time limitations shall apply. Further, multiple delivery or pickup activities to or from the same location in the restricted area on Central Street by the same vehicle within a two-hour period are hereby prohibited. This subsection shall not apply to deliveries or receipt of goods which takes place utilizing a vehicle which is parked entirely within a single parking space at the time of such activity. The penalty for the violation of this subsection shall be as prescribed in § 284-16 of this article. However, notwithstanding any other provision of this article, any second or subsequent offense of this subsection by the same operator or motor vehicle owner within six months of a prior violation shall be publishable by a fine of no less than $50. After receiving a parking ticket for violation of this article, failure to move the vehicle after being so advised shall be cause to have the vehicle towed. If the officer, after making a reasonable effort to locate the operator/owner is unable to do so, the vehicle may be towed at the discretion of the on-duty supervisor.
[Added 10-7-1996 by Ord. No. 96-7; amended 7-7-1997 by Ord. No.
97-2]
No person shall allow or permit a vehicle registered
in his or her name to park in violation of any provision of this article
or any other ordinance of the City of Franklin. The owner or person
whose name such vehicle is registered in shall be held as prima facie
responsible for such violation.
[Amended 8-3-1987]
A person violating any provisions of this article
or any other ordinance relating to the parking of motor vehicles within
the City of Franklin shall be punished by a fine of not more than
$100 for each offense, except that the optional procedures set forth
below may be used in lieu of court proceedings for the designated
violations.
A police officer observing a violation of any
of the above provisions shall attach to the vehicle or personally
deliver to the violator a notice that the violation has occurred and
instructing the violator or owner to make appropriate direct payment
to the Franklin Police Department as stated herein. The written notice
shall contain the location where the vehicle was parked, if relevant,
the registration number of such vehicle, the date and time of such
violation and other facts necessary to establish an understanding
of the violation.
[Amended 7-7-1997 by Ord. No. 97-2]
The aforementioned notice shall indicate that the violator may resolve the matter through payment of an appropriate fine to the Franklin Police Department. The appropriate fines for violations are listed in § 284-20. The appropriate fine for all other violations will be $10. Failure by the operator or owner to make such payment within 48 hours of the issuance of the notice of violation may result in the issuance of a summons to the operator or owner to appear in court to answer to the charge of violating the ordinance as previously stated. The Chief of Police may authorize, at any time before a court summons has been issued but after the expiration of the forty-eight-hour period, the acceptance of a voluntary payment in the amount of $20 as penalty in full satisfaction of the violation.
The Franklin Police Department is authorized
to remove and tow away or have removed and towed away by commercial
towing service any abandoned vehicle or other vehicle illegally parked
in a place where it creates or constitutes a traffic hazard or violates
the parking ordinances of the City of Franklin or obstructs snow removal
or the movement of any emergency vehicles. Vehicles towed for illegal
parking shall be stored in a safe place and shall be restored to the
owner or operator upon payment of all fees for towing and storage.
[Added 7-7-1997 by Ord. No. 97-2; amended 10-1-2007 by Ord. No.
08-08; 1-5-2015 by Ord. No. 08-15; 5-4-2015 by Ord. No. 13-15; 10-5-2015 by Ord. No. 06-16]
Fines shall be as follows:
|
Offense
|
Fine
|
|---|---|
|
01 Winter parking restriction
|
$25
|
|
02 Night parking restriction
|
$10
|
|
03 Overtime parking
|
$10
|
|
04 Restricted place
|
$15
|
|
05 Wrong side of street
|
$10
|
|
06 Parked on crosswalk
|
$15
|
|
07 Parked on sidewalk
|
$25
|
|
08 Within 10 feet of corner of intersection
|
$10
|
|
09 Parked in front of public or private driveway
|
$25
|
|
10 Within 10 feet of fire hydrant
|
$15
|
|
11 Within 20 feet of driveway to fire station
|
$15
|
|
12 At yellow curb/loading zone
|
$15
|
|
13 Parked in fire lane
|
$10
|
|
14 Double parking
|
$10
|
|
15 Jaywalking
|
$10
|
|
16 Handicapped parking violation
|
$50
|
|
17 Franklin Street Parking Lot: no parking permit
displayed
|
$100
|
|
18 Dead end streets that are designated as limited or no parking
|
$50
|
|
After five offenses, the automobile is to be towed at the owner's
expense.
| |
[Added 10-1-2007 by Ord. No. 08-08]
The City of Franklin hereby establishes parking by permit only for the Franklin Street Parking Lot. The Franklin Police Department is authorized to enforce any or all provisions identified in this or any other section of Chapter 284, Vehicles and Traffic, as they relate to the unauthorized use of this facility. This section shall control the ongoing management, operation and maintenance of the facility.
A.
Parking permits are issued on a first-serve basis
by the City Clerk at a rate of $200 annually and are valid from July
1 to June 20. Permits are renewed annually. The permit must be returned
to the City Clerk prior to the 15th of the month for cancellation
for that month or the balance of the year (July 1 to June 30). A refund,
if applicable, will be prorated at the rate of $16.66 per month.
[Amended 7-6-2009 by Ord. No. 03-10]
B.
Permits must be hung on the rearview mirror of the
vehicle and must be clearly seen from the outside. Permits will be
issued on a first-come, first-serve basis. Window decals may also
be used. In the case of a decal it should be placed on the driver's
side on the rear vehicle window. Decals for motorcycles must be placed
on the windshield or in a highly visible location.
[Amended 7-6-2009 by Ord. No. 03-10]
C.
Unauthorized use of the facility will result in the
towing of the vehicle, with towing, storage and other expenses the
responsibility of the owner of the vehicle.
D.
The Municipal Services Department will maintain the
parking area for snow and ice control and other purposes. During or
following a snowstorm which requires plowing, owners must remove the
vehicle between the hours of 6:00 a.m. to 7:00 a.m.
E.
Permits are valid for twenty-four-hour use of the
facility, seven days per week.
[Added 12-2-2013 by Ord. No. 03-14]
A.
Intent of section. This section is intended to provide for the free
flow of motor vehicle traffic on roadways in the City. The City Council
finds that persons who distribute any item to, receive any item from
or exchange any item with the occupant of a motor vehicle upon a roadway
present a threat to the free and safe flow of motor vehicle traffic.
By this section, the City Council intends to promote the health, safety
and welfare of the citizens traveling by vehicle in the City.
B.
ITEM
PASS/PASSING
PUBLIC WAY
Definitions. For purposes of this section, the following definitions
apply:
Any physical object, including, but not limited to, money,
literature, or sales flyers.
Distributing any item to, receiving any item from, or exchanging
any item with the occupant of a motor vehicle that is located in the
public way.
All public roads or public parking areas open to motorized
vehicles within the City. This definition excludes private roads and
private property.
C.
Prohibition on roadways. It shall be unlawful to violate any of the
prohibitions set forth below in the City.
(1)
No person shall knowingly pass any item to, receive any item
from, or exchange any item with the occupant of any motor vehicle
when the vehicle is located in the public way.
(2)
This section shall not apply to the passing of any item with
the occupant of a motor vehicle on private property.
(3)
This section shall not apply to any law enforcement officer
acting in the scope of his/her official duty.
(4)
This section shall not apply to the passing of any item with
the occupant of a motor vehicle located in the roadway in order to
assist the occupant after a motor vehicle accident, with a disabled
motor vehicle or where the occupant is experiencing a medical emergency.
(5)
No pedestrian, or other person, standing or sitting at an intersection,
stoplight, or other similar location where traffic is temporarily
or permanently stopped, shall approach the driver or passenger of
any vehicle for the purposes of asking about, or seeking, the passing
of any item to and/or from the pedestrian and the occupant of the
vehicle.
D.
The only exemption to the provisions of Subsection C above is a "toll boot" fund-raising drive operated by any department of the City or school, or another organization for whom permission has been granted by the Franklin Police Chief or a designee.
E.
Sunset. This section shall automatically repeal on April 9, 2015,
unless otherwise ratified by the City Council.
F.
Penalty. A person found in violation of this section shall be guilty
of a violation and may be fined not more than $500.
G.
Severability. If any provision of this section is declared invalid
or unconstitutional by any court of competent jurisdiction, the remaining
provisions shall be severable and shall continue in full force and
effect.
