For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them:
- OFF-STREET PARKING METER ZONE
- Any municipally owned off-street parking areas on which or on portions of which parking meters are installed and in operation and upon which the parking of vehicles is permitted for a limited time, subject to compliance with further provisions of this article.
- PARKING METER
- Any mechanical device not inconsistent with the provisions of this article and placed or erected on any public way within the City for the regulation of parking. Each parking meter installed shall indicate by proper legend the legal parking time established by this article and, when operated, shall at all times indicate the balance of legal parking time permitted and, at the expiration of such period, shall indicate illegal or overtime parking.
- PARKING METER SPACE
- Any space within a parking meter zone or off-street parking meter zone adjacent to a parking meter which is duly designated for the parking of a single vehicle by lines painted on the surface of the street adjacent to or adjoining each parking meter.
- PARKING METER ZONE
- Any street or portion thereof upon which parking meters are installed and in operation and upon which parking vehicles is permitted for a limited time, subject to compliance with the further provisions of this article.
[Amended 6-8-1951; 4-21-1953; 9-7-1954; 7-19-1955; 6-19-1956; 9-17-1957; 6-17-1958; 10-7-1958; 7-24-1962; 3-2-1971 by Ord. No. 568-76; 6-6-1989 by Ord. No. 195-89]
No person shall park a vehicle for any period of time longer than the time allotted in § 169-42 between the hours of 8:00 a.m. and 4:00 p.m. These restrictions shall not apply on Saturdays, Sundays or legal holidays.
[Added 12-5-1989 by Ord. No. 465-89; amended 3-3-1992 by Ord. No. 39-92]
No person shall park a vehicle for any period of time longer than the time allotted in § 169-42.1 between the hours of 8:00 a.m. and 4:00 p.m. These restrictions shall not apply on Saturdays, Sundays or legal holidays.
[Amended 6-8-1951; 4-21-1953; 9-7-1954; 7-19-1955; 11-15-1955; 6-19-1956; 9-4-1956; 1-19-1960; 11-15-1960; 1-17-1961; 4-18-1961; 7-5-1961; 9-5-1967; 12-16-1969 by Ord. No. 809-69; 1-16-1973 by Ord. No. 842-72; 2-17-1976 by Ord. No. 27-76; 4-6-1976 by Ord. No. 162-76; 6-6-1978 by Ord. No. 323-78; 2-2-1982 by Ord. No. 30-82; 2-2-1982 by Ord. No. 33-82; 2-2-1982 by Ord. No. 34-82; 9-7-1982 by Ord. No. 31-82]
In accordance with the provisions of § 169-41, parking meter zones are hereby established in the following streets or parts of streets:
Editor's Note: This ordinance repealed all four entries dealing with Main Street.
[Added 12-5-1989 by Ord. No. 465-89]
In accordance with the provisions of § 169-41.1, parking meter zones are hereby established in the following streets or parts of streets:
[Amended 6-5-1990 by Ord. No. 198-90; 3-3-1992 by Ord. No. 39-92]
The Parking Clerk is hereby empowered, with the approval of the Mayor, to contract, in accordance with the provisions of MGL c. 90, § 20A 1/2, for the acquisition and installation of parking meters provided for by this article and to maintain such meters in good workable condition.
Editor's Note: Former § 169-44, Installation of meters; type, as amended, was repealed 7-17-1990 by Ord. No. 291-90.
[Added 9-7-1954; amended 3-2-1971 by Ord. No. 84-71; 7-1-1980 by Ord. No. 414-80; 6-5-1990 by Ord. No. 198-90]
The Parking Clerk shall install parking meters within the off-street parking meter zones set forth in § 169-47 or cause the same to be so installed. The Parking Clerk shall mark off or cause to be marked off suitable spaces within the off-street parking meter zones for the placing of parking meters therein. Meters shall be so constructed as to display a signal showing legal parking upon the deposit therein of the proper coin or coins of the United States as indicated by instructions on such meters and for such period of time as is or shall be indicated by instructions thereon. Such signal shall remain in evidence until expiration of the parking period designated, at which time a dropping of a signal automatically or some other mechanical operation shall indicate expiration of such parking period.
The Parking Clerk shall reserve parking spaces in off-street parking areas for vehicles of handicapped persons or disabled veterans in accordance with the formula established by MGL c. 40, § 22B, or cause the same to be so reserved.
[Added 9-7-1954; amended 12-28-1954; 2-2-1982 by Ord. No. 30-82; 6-3-2014 by Ord. No. 100-2014]
The Commissioner of Public Works shall have the power and authority to designate the lanes upon which traffic shall travel and the direction in which traffic shall travel in off-street parking meter zones and shall erect suitable signs to indicate the direction of traffic. It shall be unlawful for any driver of a motor vehicle, except when parking his or her motor vehicle, to drive outside such traffic lanes or to operate his or her motor vehicle in a direction other than the direction indicated for travel in such traffic lane.
[Added 9-17-1957; 6-17-1958; 9-5-1967; 6-3-1975 by Ord. No. 224-75; 2-17-1976 by Ord. No. 24-76; 2-2-1982 by Ord. No. 36-82; 9-15-1987 by Ord. No. 380-87; 7-17-1990 by Ord. No. 292-90; 6-6-1995 by Ord. No. 252-95]
The off-street parking meter zones are as follows:
[Amended 2-2-1982 by Ord. No. 30-82; 6-5-1990 by Ord. No. 198-90]
The Parking Clerk shall establish parking meter spaces in such parking meter zones as are specified in this article or as may be hereafter fixed by ordinance and indicate the same by white markings upon the surface of the highway. Such white markings shall be the responsibility of the Commissioner of Public Works.
Whenever any vehicle shall be parked adjacent to a parking meter, the owner or operator of such vehicle shall park within the space designated by street marking lines and, upon entering such space, shall immediately deposit in such meter the required coin of the United States for the maximum legal parking period both as indicated or shown on the meter, and if so required, set the mechanism in motion.
[Amended 4-21-1953; 9-7-1954; 7-19-1955; 6-19-1956; 6-17-1958; 3-5-1969 by Ord. No. 761-68; 2-17-1976 by Ord. No. 25-76; 10-5-1982 by Ord. No. 371-82; 1-7-1999 by Ord. No. 500-98; 5-16-2006 by Ord. No. 109-06]
Dimes and nickels are allowed in all meters, for lesser periods of time.
[Amended 6-3-2014 by Ord. No. 100-2014]
It shall be unlawful for any person to deposit or cause to be deposited in a parking meter any coin for the purpose of permitting the vehicle of which he or she is in charge to remain in a parking space beyond the maximum period of time allowed in a particular zone.
It shall be unlawful for any person to park a vehicle within a parking meter space unless such vehicle is wholly within the painted lines adjacent to such meter.
It shall be unlawful for any unauthorized person to tamper with, break, injure or destroy any parking meter or to deposit or cause to be deposited in such meter any slugs, device or metallic substance or any other substitute for the coins required.
Operators of commercial vehicles may park in a metered space without depositing a coin for a period not to exceed 15 minutes for purposes of loading or unloading. Parking in excess of this time limit without depositing the proper coin shall be deemed a violation of the provisions of this section.
[Added 5-3-1983 by Ord. Nos. 110-83 and 168-83]
Senior citizens parking permits.
[Amended 3-19-2013 by Ord. No. 060-2013]
Senior citizens who pay an annual fee of $5 and affix an authorized sticker to their vehicle shall be permitted to park at metered parking zones on the following streets without charge, during the Senior Center's hours of operation:
Senior citizens are designated as residents of the City, 60 years of age or over, or individuals who are members of the Fitchburg Senior Center. Payment and distribution shall be regulated by the Treasurer's office.
Residential parking permits.
[Amended 3-3-1992 by Ord. No. 40-92]
Residents living in metered parking zones who pay an annual fee of $20 and affix an authorized sticker to their vehicle shall be permitted to park in zones indicated on said sticker without charge. The fee is payable in the Treasurer's office.
The parking stickers of residents living in metered parking zones will not be valid in municipal parking lots. There shall be no exemption from the ordinance on all-night parking (§ 169-35).
Stickers sold to qualifying residents shall contain the owner's name and address and shall be valid only on the street on which the owner lives. Main Street is excluded from the area where they are allowed to park without depositing money in the meters.
Main Street residents shall be allowed to park on any other street within the metered zones with a qualifying sticker.
The issued sticker shall be affixed to the rear center of the vehicle's window, where parking enforcement officers can clearly see that the vehicle is in the proper area. The sticker shall expire at the end of each year, and the colors established by the Parking Clerk shall change yearly.
It shall be printed on the stickers that a residential parking sticker shall not guarantee available parking for sticker holders.
Resident-only permit parking areas/tow zone.
Resident-only permit parking areas shall be established on the following streets or portions thereof. No vehicle shall park in an area designated "resident parking only" unless the vehicle displays a valid resident parking permit. Vehicles parked on the following streets without the required resident parking permit shall be subject to being towed.
Permit space indicators. Parking permit areas shall be posted with signs stating “No Parking Tow Zone Residential Parking Permit Required.”
Eligibility. Eligibility for parking permits in resident-only parking areas shall be limited to persons who reside at or own properties with frontage on, or principal access by established rights of access to the street sections of streets listed under Subsection C(1) and posted under Subsection C(2) which have no or inadequate off-street parking, and contain no more than four dwelling units.
Access. Access to resident-only permit parking areas shall be by parking permits which may be obtained and used as follows:
Residents. Eligible residents may apply for and purchase no more than two parking permits for their own use in the appropriate permit area(s) during any permit year.
Building, grounds, repair, maintenance and cleaning contractors and similar tradespeople may park clearly identified commercial vehicles in posted parking permit spaces without a parking permit or pass while engaged in providing services on the premises of a property within the permit area where the vehicle is parked.
All parking permit applicants shall have a valid driver’s license and registration for each vehicle for which a permit is requested.
Documentation of eligibility shall accompany all applications for a parking permit. Required documentation may include but is not limited to: current vehicle registration; current drivers license; proof of current legal residency for tenants which shall include written documentation of tenancy signed by property owner.
If at any time during a permit year the status of a permit holder’s residence, vehicle registration or other aspect of eligibility changes such that said permit holder no longer meets the eligibility requirements for the permit area(s) for which they hold a permit, then any and all such permits held by that person shall immediately expire.
Permits that are stolen or lost shall be immediately reported to the Parking Supervisor. Valid permits that become damaged and/or are rendered incapable of proper display or illegible to parking enforcement personnel may, upon application by the eligible current permit holder, be replaced upon payment of a fee [see Subsection C(8)].
Access to parking spaces.
No parking permit space shall be dedicated for or restricted to the use of any individual permit holder. Any holder or user of a parking permit for a specific permit parking area may use any posted parking space in said area. A parking permit entitles its holder or user access to any posted parking space for which a permit is valid but does not ensure the availability of any such space.
Parking permits shall only be valid at permit parking spaces posted as being the area for which a permit is issued. Parking permits shall not be valid for use in lieu of payment at metered parking spaces or at any other parking space not posted as a parking permit space.
Disabled persons with a valid handicapped parking identification plate, plaque or sticker issued by any state, Canadian province or the City of Fitchburg may park in any posted parking permit space without a permit. However, parking permit spaces are standard on-street, parallel parking spaces. Such spaces do not meet, and are not required to meet, Massachusetts Architectural Access Board (AAB) regulations for public handicapped-accessible parking spaces.
Permit characteristics and display requirements.
To be valid, standard resident permits shall be permanently affixed to the center rear window of the vehicle.
Permit holders shall remove all expired parking permits from any vehicle that is sold, leased or otherwise leaves their control or custody, or ceases to be registered. All expired parking permits shall be removed from vehicles.
Annual parking permits fees.
Annual fees for parking permits and passes established under this section shall be set and may be adjusted by the Treasurer or his or her designee.
[Amended 6-3-2014 by Ord. No. 100-2014]
Regulations, violations and penalties.
All other traffic parking regulations and associated penalties of the Commonwealth of Massachusetts and the City of Fitchburg shall remain in full force and effect within the parking permit areas established by these regulations. This shall include but is not limited to no parking zones, delivery zones, winter on-street parking bans and temporary emergency parking bans. The regulations of the City of Fitchburg parking permit areas shall operate in addition to state and City regulations.
Payment of the City of Fitchburg parking permit fees entitles eligible applicants to hold and use permits to park in permit parking spaces. However, all parking permits shall remain the property of the City of Fitchburg and shall be displayed on the vehicle in accordance with this section of the City Code.
Responsibility for violations of City of Fitchburg parking permit regulations shall rest with the registered owner of the vehicle involved in the violation.
Each day or portion thereof during which a violation continues shall be considered a separate offense, and each provision of these regulations violated shall constitute a separate offense.
Except as otherwise noted in these regulations, no person shall park in a posted permit parking area without a current parking permit for that area.
No parking permit holder shall improperly use nor allow the improper use of a parking permit for which they are the holder. Improper use of parking permits shall include:
Use of a parking permit by an ineligible person or vehicle.
Use during a permit year or on dates other than designated on the permit.
Improper display of a permit.
Use of a permit by a person without a valid driver’s license, or by a person operating a vehicle without valid motor vehicle registration.
Use of a permit by any person with outstanding unpaid City of Fitchburg vehicle excise taxes or parking fines.
No person shall sell, offer for sale, give or trade for compensation, or give or transfer without compensation any parking permit, nor shall any person affix such a permit to any motor vehicle other than a vehicle designated and authorized under these regulations to receive such a permit.
No person shall tamper with or counterfeit any parking permit, nor shall any person use any parking permit or pass which has been tampered with or is counterfeit.
Enforcement. These regulations may be enforced pursuant to the noncriminal disposition method as contained in M.G.L. c.40, § 21D. Enforcing persons shall be the Parking Enforcement Supervisor, parking enforcement officers and police officers.
Permit revocation and appeal. The Treasurer shall have the authority to revoke or deny parking permit privileges for the violations and periods established under these regulations. Any person aggrieved by any such decision of the Treasurer or any decision of the Parking Enforcement Supervisor under these regulations may appeal said decision in writing to the Mayor or his or her designee who shall be authorized to hear and act upon such appeals. Within 30 days of receipt of an appeal, the Mayor or his or her designee shall hold a hearing on said appeal, legal notice of which shall be delivered to the appellant by first class mail at least 72 hours prior to the hearing. After the hearing, the Mayor shall have 14 days within which to file a written ruling overturning, amending or upholding the appealed revocation or denial. Written notice of said ruling shall be transmitted to the Parking Enforcement Supervisor and the person who filed the appeal.
[Amended 6-3-2014 by Ord. No. 100-2014]
The Treasurer is hereby designated as the person authorized to collect moneys deposited in parking meters or to cause the same to be so collected. Such moneys shall be deposited forthwith with the City Treasurer in a separate account to be known as the "Fitchburg Parking Meter Account."
All fees received by the Treasurer from the operation and use of parking meters shall be used by the City as authorized by Acts of 1947, Chapter 442, and the General Laws, and as authorized by Chapter 40 of the General Laws.
It shall be the duty of all police officers to enforce the provisions of this article.
[Amended 7-1-1980 by Ord. No. 414-80; 11-5-1981 by Ord. No. 429-81; 9-21-1982 by Ord. No. 360-82]
Any person who violates any parking provisions of this article shall be subject to the following penalties:
Pursuant to the provisions of MGL c. 90, § 20A 1/2, any person violating any provision of any rule, regulation, order or ordinance regulating the parking of motor vehicles shall be punished by a fine for each offense as hereinafter set forth:
[Amended 11-15-1988 by Ord. No. 491-88; 3-17-1992 by Ord. No. 60-92; 9-23-1999 by Ord. No. 355-99; 4-15-2014 by Ord. No. 074-2014]
Group B, $30.
Group C, $30.
11. All-night parking.
11.1. Parking ban/snow emergency.
[Added 4-21-2015 by Ord. No. 076-2015]
12. Right wheels not at curb.
13. Wheels more than one foot from curb.
14. On a sidewalk.
15. On a crosswalk.
16. No parking area.
17. Within a bus stop.
18. Ten-hour meter violation.
18.1. Parking of nonmotorized vehicle or trailer.