It shall be the duty of officers designated
by the Chief of Police to enforce the provisions of these rules and
orders. Such officers are hereby authorized to direct all traffic
either in person or by means of visible or audible signal in conformance
with the provisions of these rules and orders, provided that in the
event of a fire or other emergency, to expedite traffic or safeguard
pedestrians, officers of the Police or Fire Department may direct
traffic, as conditions may require, notwithstanding the provisions
of these rules and orders.
The Chief of Police may close temporarily any
street or highway in an impending or existing emergency or for any
lawful assemblage, demonstration or procession, provided that there
is reasonable justification for the closing of such street.
The Chief of Police may prohibit, temporarily,
parking on any street or highway or part thereof in an impending or
existing emergency or for a lawful assemblage, demonstration or procession,
provided that there is reasonable justification for such prohibition.
Vehicles parked in places where parking is prohibited temporarily
may be moved by or under the direction of an officer.
[Amended 9-23-2002]
Drivers of vehicles shall comply with any lawful
or reasonable order, signal or direction of any officer. Failure to
comply with this section is a violation of MGL c. 90, § 25.
The provisions of these rules and orders shall
not apply to operators actually engaged in work upon a street or highway
closed to travel or under construction or repair, to officers when
engaged in the performance of public duties or to drivers of emergency
vehicles while operating in an emergency and in performance of public
duties when the nature of the work of any of these necessitates a
departure from any part of these rules and orders. These exemptions
shall not, however, protect the driver of any vehicle from the consequences
of a reckless disregard for the safety of others.
[Amended 3-27-2019 ATM by Art. 34]
For purposes of trial, the Select Board may
make temporary rules regulating traffic or test, under actual conditions,
traffic signs, signals, markings or other devices. No such emergency
or experimental rule regulating traffic shall remain in effect for
a period of time longer than 60 days.
[Added 1-29-1973; amended 7-29-1974; 10-29-1974; 3-27-2019 ATM by Art. 34]
In accordance with the provisions of MGL c.
40, § 22D, the Select Board of the Town of Lexington hereby
enact 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 Lexington. Vehicles specifically exempted by MGL c. 40, § 22D
shall not, however, be subject to such removal.
A.
Authorization of police. 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 Sergeant or higher as he may from time to time designate.
B.
Fees. The Select Board hereby imposes upon the owner
of any vehicle moved or towed to a convenient place under the provisions
of this article the following fees:
C.
Liability for damage during removal or storage. The
towing agency or contractor shall be liable to the owner for any damage
arising out of negligence caused to a vehicle in the course of removal
and/or storage.
D.
General prohibition towing zones. No person shall stand or park or allow, permit or suffer any vehicle registered in his or her name to stand or park in any of the following places. Vehicles found in violation of the provisions of this subsection, 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/or storage, if any, as set forth in Subsection B of this section. The owner of any vehicle removed or towed away under the provisions of this section shall also be subject to the penalties provided in Article X, § 192-81B of these rules and orders.[1]
(1)
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.
(2)
Upon any sidewalk.
(3)
Upon any crosswalk.
(4)
Upon any way within 20 feet of an intersecting way,
except alleys.
(5)
Upon a way within 10 feet of a fire hydrant.
(6)
On the roadway side of any vehicle stopped or parked
at the edge or curb of the way.
(7)
In front of a public or private driveway.
(8)
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.
(9)
Within the limits of any way for a period of time
exceeding 24 consecutive hours without the permission of the Select
Board or the Chief of Police, whether or not said vehicle is disabled
and preparations are being made by the owner or operator for its removal.
(10)
In a restricted area where parking is prohibited
by posted signs.
E.
Police to keep record of towed vehicles. 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:
(1)
The registration number of the vehicle.
(2)
The location from which it was towed and the time
and date of the tow order.
(3)
The location to which it was removed.
(4)
The name of the towing agency or contractor, if any.
(5)
The name and rank of the police officer who authorized
the towing or removal of the vehicle.
[Added 6-21-1978]
In addition to the provisions of § 192-8 of this article, it is hereby further provided that:
A.
Any vehicle so removed by authority of the Chief Police
or such other officer of the rank of Sergeant or higher shall be held
and not released until all charges lawfully imposed for such removal
and storage have been paid.
B.
If in the calendar year in which such vehicle is so
removed and in the preceding calendar year three or more notices of
parking violations in the aggregate have been affixed to said vehicle
as provided in MGL c. 90, § 20C, said vehicle shall be held
and not released until due notice has been received from the District
Court that either the unpaid fines provided for in such notices have
been paid or security for the payment thereof has been deposited with
said Court.
C.
Vehicles specifically exempt by MGL c. 40, § 22D
shall not be subject to such removal.
D.
Liability so imposed for removal under the provisions
of this section shall not exceed $25, and liability imposed for storage
under the provisions of this section shall not exceed $2 for any twenty-four-hour
period and $1.50 for any lesser period.
E.
Neither the removal nor storage of a vehicle under the provisions of either § 192-8 or this section shall be deemed to be services rendered or work performed by the Town of Lexington or the Lexington Police Department. The towing agency shall be liable to the owner of such vehicle for any damage caused to it arising out of negligence in the course of such removal and/or storage.
