[HISTORY: Adopted by the Board of Selectmen of the Town of
Salem 1-1-1972, as amended through 10-22-2007 (Ch. 296 of the 1995 Code). Subsequent amendments noted
where applicable.]
GENERAL REFERENCES
Off-highway recreational vehicles — See Ch. 374.
This chapter shall be deemed and construed to be an exercise
of the police powers of the Town of Salem 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. Any bylaws or ordinances concerning the regulations
of traffic previously enacted are hereby repealed. The traffic rules
and regulations of Salem, as amended, shall become effective upon
adoption.
Nothing in this chapter shall apply to fire apparatus or police
cars officially used in connection with any Town department or Town
business, but such vehicles shall at all times be operated and otherwise
handled in a reasonable manner under the circumstances.
As used in this chapter, the following terms shall have the
meanings indicated:
That portion of a roadway included within the prolongation
or connection of curblines 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 any other markings or sign.
That portion of a traveled way established on private property
or public property, devoted to public use, where the parking of motor
vehicles or other obstructions may interfere for the purpose of protection
of persons or property. This portion of the traveled way shall be
clearly marked on the road surface and/or by other signs.
Any meeting of one or more roadways with another, or any
meeting of one or more roadways with a railroad.
Includes every individual who shall operate a vehicle, as
the owner thereof or as the agent, employee or permittee of the owner,
or 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 person afoot.
That portion of a street, exclusive of shoulders, improved
and intended to be used for vehicular traffic.
That portion of a street or roadway set aside for pedestrian
travel.
The entire width between property lines of any public street,
avenue, road, highway, alley, lane or path located in the Town of
Salem and established for the use of vehicular traffic.
Any device in, upon or by which any person or property is
or may be transported upon a street, except a device which is operated
upon rails or tracks.
A.
The Chief of Police is hereby authorized and, as to those signs and
signals required hereunder, it shall be his duty to place and maintain,
or cause to be placed or maintained, all official traffic signs, signals,
markings, and safety zones. All signs, signals, markings, and safety
zones shall conform to such standards, if any, as are prescribed by
the Commissioner of Transportation, State of New Hampshire.[1]
B.
Traffic control signs, such as parking information signs and stop signs, shall be placed as provided in Subsection A. A listing of all traffic control stop signs and no parking zones, by location, shall be maintained by the Chief of Police, and a copy shall be on file at the office of the Town Clerk.
C.
Specified prohibited parking areas shall be delineated by the Chief
of Police unless otherwise determined by the Board of Selectmen, which
may hold a public hearing at its discretion.
A.
Colors and arrow indications in traffic control signals shall have
the commands ascribed to them in this section and no other meanings,
and every operator of a vehicle shall comply therewith, except when
otherwise directed by a police officer.
B.
In no case shall an operator enter or proceed through an intersection
without due regard to the safety of other persons within the intersection,
regardless of what indications may be given by traffic control signals.
C.
Colors of traffic control signals shall mean:
(1)
Green. While the green lens is illuminated, operators facing the
signal may proceed through the intersection but shall yield the right-of-way
to pedestrians and vehicles lawfully within a crosswalk or the intersection
at the time such signal was exhibited.
(2)
Yellow; yellow and red. While the yellow lens is illuminated, or
both a yellow and red lens are illuminated, operators facing the signal
shall not proceed, and any operator approaching the intersection or
marked stop line shall stop at such points unless so close to the
intersection that a stop cannot be made in safety.
(3)
Red. While the red lens is illuminated, operators facing the signal
shall stop outside of the intersection or at such point as may be
clearly marked by a sign or line; provided, however, that if a green
arrow is illuminated at the same time, operators may enter the intersection
to make the movement permitted by such arrow.
(4)
Flashing yellow. The yellow lens, when illuminated with rapid intermittent
flashes, shall indicate the presence of a hazard, and operators may
proceed only with caution.
(5)
Flashing red. The red lens, when illuminated with rapid intermittent
flashes, shall indicate a hazard, and operators facing the signal
shall come to a full stop outside of the intersection or at such point
as may be clearly marked by a sign or line on the way.
No operator shall park a vehicle in any of the following places,
and vehicles found parked in violation of any of the provisions of
this section may be moved by or under the direction of a police officer
of the Town of Salem to a place where parking is permitted, at the
expense of the operator:
A.
General prohibited parking areas.
(1)
Within 20 feet of any intersection.
(2)
Upon any sidewalk.
(3)
Upon any crosswalk.
(4)
In front of a private driveway.
(5)
Within any intersection.
(6)
Within 15 feet of a fire hydrant.
(7)
Upon any roadway unless both wheels on the right side of the vehicle
are within 12 inches of the edge of the roadway.
(8)
Upon any roadway where the parking of a vehicle will not leave a
clear and unobstructed roadway sufficient to allow the passage of
one vehicle at a time.
(10)
Upon any roadway following the announcement of an emergency
parking ban by the Chief of Police due to severe weather conditions.
B.
Specific prohibited parking areas.
(1)
Each specific prohibited area shall be clearly posted with signs
that shall be a design and color to conform to standards prescribed
by the Commissioner of Transportation, State of New Hampshire, and/or
applicable statutes of the State of New Hampshire.[1]
(2)
Temporary no parking zones may be established by order of the Chief
of Police for specific events that may require directed traffic control.
Posted no parking zones may also be temporarily suspended using the
same criteria.
Nothing in § 466-6 shall be interpreted as prohibiting:
It shall be unlawful to sell or offer for sale any candy, ice
cream or confection or any fruit, vegetable or beverage for human
consumption or any goods from any motor vehicle or any vehicle or
cart of any kind or any stand which, because of its location near
or adjacent to the street, results in vehicles stopping on the side
of the street for the purpose of conducting a transaction of business
anywhere on the following streets or sidewalks in the Town of Salem
or within 100 feet of any side street which intersects with said streets:
A.
A parking time limit of 1/2 hour shall apply to certain streets as
follows (Sundays and holidays excepted):
(1)
On the northerly side of Main Street from the Boston and Maine Railroad
right-of-way and tracks westerly, a distance of approximately 180
feet, from 5:01 a.m. to 2:59 p.m.
B.
The Town Manager may establish parking time limits in off-street
parking areas owned or leased by the Town, subject to the approval
of the Board of Selectmen, provide signs of such parking time limits
and enforce such regulations.
A.
No operator shall leave an unattended vehicle on any street between
November 15 and April 15, inclusive, of any year, except in case of
an emergency, between the hours of 12:00 midnight and 6:00 a.m. Any
vehicle found parked in violation of this section may be moved by
or under the direction of a police officer of the Town of Salem to
a place where parking is permitted, at the expense of the operator.
B.
No vehicle shall be left unattended on any street when new snowfall
has accumulated to a depth of three inches, except in case of an emergency.
Any vehicle found parked in violation of this section may be moved
by or under the direction of a police officer of the Town of Salem
to a place where parking is permitted, at the expense of the operator.
C.
No person shall shovel, plow or in any way move or cause snow to
be moved from private property to a street or sidewalk.
The operator of a vehicle shall allow pedestrians the right-of-way
crossing a street at a crosswalk.
A.
No U-turns. A vehicle shall not turn about (make a one-hundred-eighty-degree
turn) in a street or intersection.
B.
The operator of any vehicle, other than one on official business
related to a fire call, shall not follow any fire apparatus traveling
in response to a fire alarm closer than 500 feet, or drive within
or park such vehicle within 500 feet of where fire apparatus has stopped
in answer to a fire alarm.
C.
Reverse direction locations are hereby designated, permitting the
reversing of direction on roadways with median strip barriers and
at locations so designated by proper signing:
(1)
At the intersection of South Broadway (Route 28) and Cluff Road for
southbound traffic only and from the left-turn lane only.
D.
Right turns on red light after stop. A vehicle may make a right turn
on a red light after stopping and upon determining that a clear, safe
turn can be made, except where specifically posted prohibiting the
same.
The Police Department shall control all traffic and vehicles
on the streets of Salem. Vehicles must stop or start immediately on
signal by any police officer in uniform.
If any vehicle is found on any street or highway in violation
of any provision of this chapter and the identity of the driver cannot
be determined, the owner or the person in whose name the vehicle is
registered shall be held prima facie responsible for such violation.
Whoever violates any provisions of this chapter shall be subject
to a fine as described below:
A.
Whoever violations a provision of §§ 466-6, 466-7, 466-8, 466-9 and 466-10A and B as hereafter defined shall be subject to a fine as provided in Subsection E if paid within five days. Failure to pay within this time limit will be cause for a notice and a doubling of the fine. Failure to pay this fine within five days will result in the denial of vehicle registration renewal.
B.
Whoever violates a provision of §§ 466-6, 466-7, 466-8, 466-9 and 466-10C as hereafter defined shall be subject to a fine as provided in Subsection E if paid within five days. Failure to pay within this time limit will be cause for a notice and a doubling of the fine. Failure to pay this fine within five days will result in the denial of vehicle registration renewal.
(1)
Parking within 15 feet of a fire hydrant.
(2)
Parking on crosswalk.
(3)
Parking within 20 feet of an intersection.
(4)
Parking in front of a private road or driveway.
(5)
Parking within an intersection.
(6)
All-night parking when restricted (second through fifth offense,
towing thereafter).
(7)
Parking on the sidewalk.
(8)
Parking at other than designated times.
(9)
Parking in a fire lane.
C.
Whenever no penalty is otherwise provided for, any person who violates the Traffic Rules and Regulations of Salem, New Hampshire, shall be subject to a fine as provided in Subsection E for each offense.
D.
Anyone found illegally parked in an area reserved for the handicapped, where properly posted, shall be subject to a fine as provided in Subsection E if paid within five days. Failure to pay within this time limit will be cause for a notice and a doubling of the fine. Failure to pay this fine within five days will result in the denial of vehicle registration renewal.
E.
Fines for violation of the provisions of this chapter, as adopted
by the Board of Selectmen, are on file with the Police Department
and on the Town of Salem website. Fines shall not exceed the maximum
penalty established pursuant to RSA 31:39, III.
A.
No person shall place, locate, erect, construct or set out or cause
to be placed, located, erected, constructed or set out within the
traveled portion of any street, highway, or sidewalk any object, building
or structure of any kind that will in any way impede the use by the
public or free flow of pedestrian or vehicular traffic.
The section of roadway intersecting Main Street and North Main
Street, known as "Cemetery Road," shall be posted for one-way traffic,
the directional flow to be easterly from Main Street to North Main
Street.
Persons who have received a parking violation may request an
appeal with the Chief of Police within 20 days of the issuance of
the violation.
