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City of Pittsfield, MA
Berkshire County
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Table of Contents
Table of Contents
[Ord. No. 26, § 2; Ord. No. 112, § 1; Ord. No. 11, 3-2-1967, § 1; Ord. No. 41, 10-30-1967, § 1; Ord. No. 816, § I, 1-15-1997]
Wherever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section unless otherwise expressly provided, or unless a different meaning is reasonably and clearly apparent from the language or context:
AUTHORIZED EMERGENCY VEHICLE
Vehicles of the Police Department, Fire Department, fire patrol, ambulances, repair and emergency vehicles of municipal and public service corporations.
BUS STOP
That portion of a way set apart for the berthing and parking of buses.
COMMERCIAL VEHICLE
See "vehicle, commercial."
CROSSWALK
That portion of a roadway ordinarily included within the prolongation or connection of curb lines and property lines at intersections, or at any portion of a roadway clearly indicated for pedestrian crossing by lines on the road surface or by other markings or signs.
INTERSECTION
The area embraced within the extensions of the lateral curb lines, or, if none, then the lateral boundary lines, of intersecting ways as defined in MGL c. 90, § 1, including divided ways. The regulations herein contained governing and restricting the 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.
LOADING ZONE
That portion of a roadway adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials, indicated by appropriate signs, lines or markings.
MULTI-SPACE PARKING METERS AND SPACES
[Ord. No. 1174, § 1, 9-13-2016]
(a) 
A multi-space meter is a device installed by the City for acceptance of required parking fees for more than one parking space. A multi-space meter may regulate multiple parking spaces on-street (curbside or angled spaces) or off-street (parking lots or garages.) Use of a multi-space meter may require a motorist to enter a license plate number in conjunction with making a payment. Multi-space meters may accept a variety of payment options, which may include coins, credit cards, tokens or stored value cards, such as smart cards, and mobile device applications. At all times, payment in advance is required at any multi-space meter.
(b) 
Multi-space meter spaces are defined as any parking space within a parking meter zone, designated or not, where at least one posted sign states requirement for payment at a multi-space meter. Multi-space meters shall be in close proximity to the parking spaces.
(c) 
Multi-space meters shall operate in one of the following ways: for street parking, the motorist shall park his or her vehicle, proceed to the nearest meter, enter his or her license plate number and pay the required fee; or for off-street parking in garages and lots, the motorist shall park his or her vehicle, proceed to the nearest meter, enter his or her license plate number and then pay the required fee.
(d) 
Any operator of a vehicle, upon entering a multi-space meter regulated space, shall immediately enter his or her license plate number and deposit the required fee for regulated parking, including for periods of free parking.
(e) 
When parking on a block regulated by multi-space meters and the nearest meter is out of order or cannot issue a receipt, payment shall be made at the next available multi-space meter on the block.
OFFICER
Any police officer authorized to make arrests, or any investigator, examiner or inspector of the registry of motor vehicles; provided, that he is in uniform or has his badge of office displayed over his left breast and upon his outer garment.
OFFICIAL TRAFFIC SIGNALS AND SIGNS
All signals, signs, markings and devices, placed or erected pursuant to this chapter, by order of any public body or official having jurisdiction hereunder, for the purpose of guiding, directing, warning or regulating traffic which conform to the standards prescribed by the department of public works of the commonwealth.
PARKING
The standing of a vehicle for any period of time if not occupied by the operator thereof, or for a period of longer than two consecutive minutes when occupied by the operator thereof, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading, or in obedience to an officer or traffic signs or signals, or while making emergency repairs, 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 city for the regulation of parking. Each parking meter installed shall indicate by proper legend the 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
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.
PEDESTRIAN
Any person afoot or riding on a conveyance moved by human power, except bicycles or tricycles.
POLICE OFFICER
See "Officer."
PRIVATE ROAD OR DRIVEWAY
Every road or driveway not open to the use of the public for purposes of vehicular traffic.
ROADWAY
That portion of a street or way between the regularly established curb lines, or that part improved or intended to be used for vehicular traffic.
SAFETY ZONE
An area or space which is set apart within a roadway for the exclusive use of pedestrians, and which has been indicated by signs, lines or markings having the written approval of the department of public works of the commonwealth.
SIDEWALK
That portion of a street or highway set aside for pedestrian traveling.
STREET
A duly accepted public way.
TAXICAB STAND
That portion of a way in which certain taxicabs are required to stand or to park while waiting to be engaged.
TRAFFIC
Pedestrians, ridden or herded animals, vehicles and other conveyances either singly or together while using any street for purposes of travel.
TRAFFIC CONTROL SIGNAL
Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and proceed and which conforms to the standard prescribed by the department of public works of the commonwealth.
TRAFFIC LANE
A longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, including bicycles when the provisions of this Code are applicable to them, except other devices moved by human power or used exclusively upon stationary rails or tracks and devices which derive their power for operation from stationary overhead wires.
VEHICLE, COMMERCIAL
Any vehicle used in the transportation of goods, wares or merchandise for commercial purposes.
VEHICLE, HEAVY COMMERCIAL
A commercial vehicle which has a gross vehicle weight rating, as evidenced by its registration certificate, of 26,001 or more pounds, or any vehicle towing another vehicle which is 10,001 or more pounds.
WAY
A duly accepted public way.
[Ord. No. 26, § 2; Ord. No. 563, § 1; Ord. No. 579, § 1; Ord. No. 597, § 1; Ord. No. 29, 8-11-1967, § 5; Ord. No. 1094, § I, 11-25-2014]
Officers of the police department of the city, under the direction of the chief of police, are hereby charged and entrusted with the duty of enforcing the provisions of this chapter, and authorized to control, regulate and direct all traffic in conformance with the provisions thereof; provided, that in the event of a fire, funeral procession, parade, celebration, public event or other emergency offering an immediate threat to public safety, or to expedite traffic or safeguard pedestrians, officers of the police department may temporarily direct traffic as conditions may require, notwithstanding the provisions of this chapter, except as hereinafter provided.
Without limiting the generality of the foregoing, upon request of the Commissioner of Public Services or the traffic engineer, the chief of police shall prohibit temporarily parking or traffic on any public or private way open to public use, or part thereof, in an impending or existing emergency; provided, that there is a reasonable justification for such prohibition.
[Ord. No. 26, § 2]
Any police officer directing traffic within two blocks of an adjacent traffic control signal shall, except in an emergency, synchronize his traffic directions with such signal and afford drivers the least delay possible.
[Ord. No. 26, § 2]
The provisions of this chapter regulating the movement, parking, stopping and standing of vehicles shall not apply to authorized emergency vehicles, as defined in section 13-1 while the driver of such vehicle is operating the same in response to an emergency call in the necessary performance of duty. This exemption shall not, however, protect the driver of any such vehicle from the consequences of a reckless disregard of the safety of others.
All fire apparatus returning from fires shall obey traffic signals.
All police apparatus when not on urgent call shall obey traffic signals.
When, in the judgment of the chief of police, any building, construction or razing operations, or any other temporary condition or emergency in the immediate vicinity require a deviation from the provisions of this chapter, he may issue a temporary permit or license allowing such deviation during the time of and to the extent necessitated by such operations, condition or emergency.
[Ord. No. 26, § 2]
Every person propelling any pushcart or riding an animal upon a roadway, and every person driving any animal thereon, shall be subject to the provisions of this chapter applicable to the operator of any vehicle, except those provisions thereof with reference to the equipment of vehicles, and except those provisions which by their very nature have no application.
[Ord. No. 26, § 2; Ord. No. 13, 3-2-1967, § 2]
A. 
Pedestrians crossing ways or roadways. Pedestrians shall obey the directions of police officers directing traffic and whenever there is an officer directing traffic, a traffic control signal or a marked crosswalk within 300 feet of a pedestrian, no such pedestrian shall cross a way or roadway except within the limits of a marked crosswalk and as hereinafter provided in these regulations. For the purpose of these regulations, a marked crosswalk shall only be construed to be that area of a roadway reserved for pedestrian crossing located between two solid white reflectorized twelve-inch pavement markings in rural areas or markings not less than six inches wide in urban areas, such markings or lines being no less than six feet apart.
B. 
Pedestrian obedience to traffic control signals. Unless otherwise directed by a police officer, a pedestrian within 300 feet of a traffic control signal shall obey the indications of such signal as follows:
(1) 
RED AND YELLOW OR "WALK". Whenever the red and yellow lenses are illuminated together or the signal word "WALK" is illuminated, pedestrians facing such indication may proceed across the roadway, but only in the direction of such signal.
(2) 
RED ALONE OR "DON'T WALK". Whenever the words "DON'T WALK" or any indication other than red and yellow shown together are illuminated in a traffic control signal having red and yellow or "WALK" indications, pedestrians approaching or facing such indication shall wait on the sidewalk or in the pedestrian refuge area of a traffic island and shall not enter upon or cross a roadway until the red and yellow or "WALK" indication is illuminated in the traffic control signal, but any pedestrian who has partially completed his crossing on the red and yellow or "WALK" indication shall proceed (or return) to the nearest sidewalk or safety island immediately on the yellow indication, the red indication or when the words "DON'T WALK" are illuminated by rapid intermittent flashes.
(3) 
GREEN ALONE. At a traffic control signal having no red and yellow or "WALK" indication, pedestrians facing the signal may proceed across the roadway within any marked crosswalk in the direction of an illuminated green indication.
(4) 
YELLOW ALONE, RED ALONE OR FLASHING "DON'T WALK." Pedestrians approaching or facing a yellow, red or flashing "DON'T WALK" illuminated indication shall not start to cross a roadway.
(5) 
FLASHING RED, FLASHING YELLOW OR FLASHING GREEN. At a traffic control signal where a flashing red, flashing yellow, or flashing green indication is being given facing a crosswalk, pedestrians shall actuate, where provided, the pedestrian signal indication and cross the roadway only when the red-yellow or "WALK" indication is illuminated. If no pedestrian indication is provided, pedestrians shall cross within the crosswalks with due care.
C. 
Pedestrian actuation of traffic control signal. At a traffic control signal having red and yellow or "WALK" indications which are illuminated only upon actuation by a pedestrian push button, no pedestrian shall cross a roadway unless or until the pedestrian push button has been actuated, and he shall then cross only when the red and yellow or "WALK" indication is illuminated. At a traffic control signal having no red and yellow or "WALK" indication, a pedestrian shall cross only when the green indication is illuminated. If the green indication is illuminated only upon actuation by a pedestrian push button, no pedestrian shall cross unless or until such button has been actuated and then only when the green indication is illuminated. No person shall actuate a pedestrian push button unless a crossing of the roadway is intended.
D. 
Crossing at nonsignalized locations. Every pedestrian crossing a roadway at any point other than within a marked crosswalk shall yield the right of way to all vehicles upon the roadway. At a point where a pedestrian tunnel or overpass has been provided pedestrians shall cross the roadway only by the proper use of the tunnel or overpass.
E. 
Pedestrian use of roadway.
(1) 
A pedestrian crossing a roadway shall yield the right of way to funeral or other processions, and to ambulances and civil defense, fire, police, and like vehicles on emergency runs, and when such procession or vehicle has passed, shall cross the roadway only in conformity with these rules.
(2) 
No pedestrian shall leave a sidewalk or safety island and walk or run into the path of a moving vehicle which is so close that it is impossible for the driver to yield the right of way.
(3) 
No pedestrian shall stand in a roadway for the purpose of soliciting a ride, employment or business from the operator, or any occupant, of any vehicle thereon.
(4) 
No pedestrian shall enter upon a marked crosswalk unless a crossing of the roadway is intended.
(5) 
A pedestrian crossing a roadway within a marked crosswalk shall use the half of such crosswalk to his right.
(6) 
A person alighting from a vehicle parked or stopped at a sideline of, or a curb in, a roadway shall alight from the side of such vehicle nearest such sideline or curb, or if he alights from the other side of such vehicle, shall proceed immediately to such a sideline or curb, and in either case shall thereupon cross such roadway only in conformity with these rules.
(7) 
Where sidewalks are not provided, any pedestrian walking along and upon a highway shall, when practicable, walk only on the left side of the roadway on its unfinished shoulder facing traffic which may approach from the opposite direction.
F. 
Exemption. These rules shall not apply to pedestrians actually engaged in work upon a roadway closed to travel or under construction, reconstruction or repair, or to public officers or employees, or the officers or employees of a public service corporation, upon a roadway in the performance of their duties or to a pedestrian upon a roadway in an emergency.
G. 
Penalties. Any person who violates any provision of these regulations shall be punished as provided in section 18A of Chapter 90 of the General Laws.
H. 
Provisions severable. The provisions of these regulations are hereby declared to be severable; and if any provision of any regulation is invalid, such invalidity shall not affect or impair any other provision of such regulation or any other regulation.
I. 
Inconsistencies. If, and in so far as, the other provisions of Chapter 13 are inconsistent with any provisions of this section, the provisions of this section shall govern.
[Ord. No. 26, § 2; Ord. No. 236, § 1, 9-19-1975; Ord. No. 1052, § I, 5-24-2011]
Any person convicted of a violation of any rule, regulation or order made hereunder, shall be punished by a fine not exceeding $50 for each offense except as otherwise herein provided.
[Ord. No. 236, § 1, 9-9-1975; Ord. No. 413, § 1, 12-28-1981; Ord. No. 471, § 1, 11-18-1983; Ord. No. 614, §§ 1, 2, 9-15-1988; Ord. No. 690, § 1, 3-25-1992; Ord. No. 737, § 1, 8-10-1993; Ord. No. 858, § I, 7-13-8.1999; Ord. No. 937, § I, 11-23-2004; Ord. No. 953, § 1, 3-8-2005; Ord. No. 1130, § I, 4-14-2015]
Pursuant to the provisions of General Laws (Ter. Ed.), section 20A 1/2, chapter 90, any person violating any provision of any rule, regulation, traffic order, or ordinance regulating the parking of motor vehicles, shall be punished by a fine for each offense as hereinafter set forth:
(1) 
Parking within an intersection: $30.
(2) 
Parking within five feet of fire hydrant: $50.
(3) 
Parking so as to obstruct traffic: $30.
(4) 
Parking so as to obstruct a driveway or private way: $30.
(5) 
Parking on a crosswalk: $30.
(6) 
Parking on a sidewalk: $30.
(7) 
Parking within a tow-away area: The following fines are based upon one-year time periods:
(a) 
First offense: $30.
(b) 
Second offense: $40.
(c) 
Third and subsequent offenses: $50.
(8) 
Parking along or opposite street excavation or obstruction: $30.
(9) 
Double parking: $50.
(10) 
Parking within 15 feet of an intersection: $30.
(11) 
Parking within a prohibited area: $30.
(12) 
Parking in a bus stop: $100.
(13) 
Parking in a wrong direction: $30.
(14) 
Parking in a taxi stand: $30.
(15) 
Parking within a loading zone: $30.
(16) 
Parking on a tree line: $30.
(17) 
Parking so as not to leave 10 feet of unobstructed lane: $30.
(18) 
Parking on improved or paved surface of any street between the hours of 11:00 p.m. and 7:00 a.m.: $50.
(19) 
Parking over 12 inches from curb: $30.
(20) 
Parking outside a designated space: $15.
(21) 
Parking meter violation: The following fines are based upon one-year time periods:
(a) 
First offense: $15.
(b) 
Second offense: $30.
(22) 
Parking meter overtime (feeding): The following fines are based upon one-year time periods:
(a) 
First offense: $15.
(b) 
Second offense: $30.
(23) 
Parking improperly in municipal parking areas: $15.
(24) 
Any other violation of City ordinance pertaining to parking: $20.
(25) 
Parking in designated handicapped areas:
(a) 
First offense: $200.
(b) 
Second offense: $300.
(26) 
Parking in a fire lane: $50.
(27) 
Snow emergency only: $50.
(28) 
Overtime parking:
(a) 
First offense: $0.
(b) 
Second offense: $15.
(29) 
Blocking wheel chair ramp: $100.
(30) 
City fee: $10.
(31) 
RMV (renewal fee): $20.
(32) 
Boot fee: $50.
[Ord. No. 415, § 1, 1-28-1982; Ord. No. 1130, § II, 4-14-2015]
(a) 
An additional five-dollar penalty will be assessed if a fine is paid after 21 days, but before the parking clerk reports to the registrar.
(b) 
An additional five-dollar penalty will be assessed if a fine is paid after the parking clerk has filed his/her report to the registrar.
[Ord. No. 26, § 2]
All fines collected upon conviction, and all forfeitures of bail of any person charged with a violation of any of the provisions of this chapter, shall be paid into the City Treasurer.