The Town Council of the Town of Franklin, acting under the authority conferred by MGL c. 40, § 22, and by virtue of any and every other enabling power, does hereby make, adopt and establish the following rules and orders for the regulation of carriages and vehicles used in said Town and special regulations as to the use of motor vehicles upon particular or certain ways therein, hereinafter referred to collectively as the "rules."
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.
The provisions of these rules, so far as they are the same as those of any existing rules, orders or regulations heretofore made by the Town Council of Franklin, shall be construed as a continuation thereof, but all other existing rules, orders and regulations so made for the regulation of carriages and vehicles, except such as have been adopted under and in compliance with MGL c. 90, § 18, are hereby expressly repealed; provided, however, that such repeal shall not affect any punishment or penalty imposed or any complaint or prosecution pending at the time of the repeal for an offense committed under any of said rules, orders or regulations hereby repealed.
For the purpose of these rules and orders, the words and phrases used herein shall have the following meanings, except in those instances where the context clearly indicates a different meaning:
BUS STOP
An area in any street, square or other public place, set apart and designated as such by the Town Council, in which buses or other licensed motor vehicles may stop to receive or discharge passengers.
CROSSWALK
That portion of a roadway included within the prolongation or connection of curblines and property lines at intersections or any portion of a roadway clearly indicated for pedestrian crossing by lines on the road surface or by other markings or signs.
EMERGENCY VEHICLE
Vehicles of the Fire and Police Departments, ambulances and emergency vehicles of public service corporations when responding to an emergency of a public nature.
FUNERAL
Any procession of mourners, properly identified as such, accompanying the remains of a human body.
HEAVY COMMERCIAL VEHICLE
Any vehicle of over two-and-one-half-ton capacity being used in the transportation of goods, wares or merchandise for commercial purposes.
[Added 10-21-1998 by Bylaw Amendment 98-392]
INTERSECTION
The area embraced within the extensions of the lateral curblines or, if none, then the lateral boundary lines of intersecting ways as defined in MGL c. 90, § 1, including divided ways. The rules and regulations herein contained governing the restriction or movement of vehicles at and near intersecting ways shall apply at any place along any way at which drivers are to be controlled by traffic control signals, whether or not such place is an intersection as herein defined.
LANE
A longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles.
MUNICIPAL PARKING FACILITY
A lot, garage or parcel of land owned, purchased or leased by the Town, or in which the Town has the possessory right or interest, and which is designated as a municipal parking lot or garage for the off-street parking of vehicles.
[Added 5-7-2003 by Bylaw Amendment 03-515]
OFFICER
Any officer or official authorized by law to direct, control or regulate traffic who is in uniform or has his badge of office displayed upon the left breast of his outer garment.
OFFICIAL CURB MARKING
That portion of a curbing painted by authority of the Town Council with the written approval of the Department of Public Works of the Commonwealth of Massachusetts for the purpose of indicating a place in which parking is prohibited or restricted.
OFFICIAL STREET MARKING
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 Town Council and has the written approval of said Department of Public Works.
OFFICIAL TRAFFIC SIGNALS
All signals, conforming to the standards prescribed by said Department of Public Works not inconsistent with these rules and orders, placed or erected by authority of the Town Council for the purpose of directing or warning traffic.
OFFICIAL TRAFFIC SIGNS
All signs, markings and devices other than signals, conforming to the standards prescribed by said Department of Public Works and placed or erected by authority of the Town Council for the purpose of guiding, directing, warning or regulating traffic.
PARKING
The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while engaged in loading or unloading passengers or in obedience to an officer or traffic sign or signal or, if disabled, while arrangements are being made to move such vehicle.
PARKING METER
Any mechanical device not inconsistent with the provisions of this chapter and placed or erected on any public way within the Town of Franklin for the regulation of parking. Each "parking meter" installed shall indicate by proper legend the legal parking time established by this chapter 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, 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
Includes any street or portion thereof upon which parking meters are installed and in operation and upon which parking of vehicles is permitted for a limited time, subject to compliance with the further provisions of this chapter.
PARKING PERMIT
A sticker issued by the Town's Police Department entitling the vehicle to which it is affixed at the left rear window to reserved parking in a posted permit-only parking zone during the calendar year of issue. Parking permits shall be issued only to persons presenting evidence of eligibility for reserved parking in a designated permit-only parking zone.
[Added 8-7-1991 by Bylaw Amendment 91-211]
PARKING PERMIT ZONE
Includes any street, parking area or portion thereof posted by the Town as a permit-only parking zone upon which parking is limited to permit-bearing vehicles, subject to compliance with the further provisions of this chapter.
[Added 8-7-1991 by Bylaw Amendment 91-211]
PEDESTRIAN
Any person afoot or riding in or upon a vehicle moved by human power, except bicycles and tricycles.
PERSON
Includes any individual, firm, copartnership, association or corporation.
RAILROAD CROSSING
An intersection of a way with a railroad right-of-way.
ROADWAY
That portion of a street or highway between the regularly established curblines or that part, exclusive of slopes known as "shoulders," improved and intended to be used for vehicular traffic.
SAFETY ZONE
Any area or space set aside within a roadway for exclusive use of pedestrians and which is indicated by signs, lines or markings, having the written approval of said Department of Public Works.
SIDEWALK
That portion of a street or highway, parallel with the roadway, 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.
TAXICAB STANDS
An area in the roadway, designated by the Town Council and marked, in which licensed taxicabs are required to park while waiting to be engaged.
TRAFFIC
Pedestrians, ridden or herded animals, vehicles, streetcars or other conveyances, either singly or together, while using a street or highway for the purpose of travel.
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 or proceed.
TRAFFIC ISLAND
Any area or space set aside, within a roadway, for the purpose of separating vehicular traffic and which is not intended for use by vehicular traffic.
U-TURN
The turning of a vehicle by means of a continuous left turn whereby the direction of such vehicle is reversed.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway.