[Amended 9-20-2004 by Ord. No. 2004-20; 3-25-2008 by Ord. No. 2008-9]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
- BUS STOP
- An area in the roadway set aside for the boarding of or alighting from and the parking of buses.
- COMMERCIAL VEHICLE
- Any vehicle being used in the transportation of goods, wares or merchandise for commercial purposes.
- COMMERCIAL VEHICLE, HEAVY
- Any commercial vehicle which, with its load, if any, exceeds four tons in weight.
- That portion of a roadway ordinarily 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 surface or by other markings or signs.
- EMERGENCY VEHICLE
- Vehicles of the Fire Department, police vehicles, ambulances and emergency vehicles of federal, state and municipal departments, and vehicles of public service corporations when responding to an emergency to preserve life and property.
- FLAMMABLE LIQUID
- Any liquid which gives off flammable vapors (as determined by flashpoint from Tagliabue's open cup tester, as used for test of burning oils) at or below a temperature of 200° F.
- Any procession of mourners, properly identified as such, accompanying the remains of a human body.
- 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 contained in this chapter 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 defined in this section.
- A longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles.
- METER OCCUPANCY PERMIT
- The renting of a meter space for the purpose of construction, contractors, special events and moving companies. These entities can rent a meter space for the purpose of renovations, new construction or the moving of an office as well as for any special event.
- MOTORIZED SCOOTER
- Any two-wheeled device that has handlebars, is designed to be stood or sat upon by the operator and is powered by an electric, gasoline or alcohol-fueled motor that is capable of propelling the device with or without human propulsion. A "motorcycle" or "motorized bicycle" as defined in MGL c. 90, § 1, is not a motorized scooters.
- Any officer of the Police Department of the City, or any constable or special officer duly authorized by law, provided he has his badge of office displayed over his left breast and upon his outer garment.
- OFFICIAL STREET MARKING
- Any painted line, marking or marker placed in or upon any way by authority of the Traffic Commission and which complies with the standards of the Department of Transportation of the commonwealth and has the written approval of such department.
- OFFICIAL TRAFFIC SIGNALS
- All signals conforming to the standards as prescribed by the Department of Transportation of the commonwealth, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction, for the purpose of directing or warning traffic.
- OFFICIAL TRAFFIC SIGNS
- All signs, markings and devices, other than signals, not inconsistent with this chapter, and which conform to the standards prescribed by the Department of Transportation of the commonwealth, placed or erected by authority of a public body or official having jurisdiction, for the purpose of guiding, directing, warning or regulating traffic.
- The standing of a vehicle, whether occupied or not, 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, which conforms to the standards prescribed by the Department of Transportation of the commonwealth, placed or erected on any public way or municipal off-street parking area within the City for the regulation of parking. Each 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 or municipal off-street parking area adjacent to or adjoining each parking meter.
- PARKING METER ZONE
- Any street or portion thereof or municipal off-street parking area 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.
- Any person afoot or riding on a conveyance moved by human power, except bicycles or tricycles.
- PRIVATE ROAD OR DRIVEWAY
- Every road or driveway not open to the use of the public for purposes of vehicular travel.
- RAILROAD CROSSING
- Any intersection of ways with a railroad right-of-way.
- That portion of a street or highway between the regularly established curblines, or that part, exclusive of shoulders, improved and intended to be used for vehicular traffic.
- ROTARY TRAFFIC
- The counterclockwise operation of a vehicle around an object or a structure.
- SAFETY ZONE
- Any area set aside 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 Transportation of the commonwealth.
- SERVICE ZONE
- An area in the roadway set aside for the accommodation of commercial and transient vehicular traffic.
- That portion of a street or highway set aside for pedestrian travel.
- STREET AND HIGHWAY
- The entire width between property lines of every way open to the use of the public for purposes of travel.
- TAXICAB STAND
- An area in the roadway in which certain taxicabs are required to park while waiting to be engaged.
- Pedestrians, herded or ridden animals, vehicles or other conveyances, either single or together, while using any street or highway for the purpose of travel.
- TRAFFIC CONTROL AREA
- Any area along any other than an intersecting way, at which drivers are to be controlled by traffic control signals.
- TRAFFIC CONTROL SIGNAL
- Any device using colored lights which conforms to the standards as prescribed by the Department of Transportation of the commonwealth, whether manually, electrically or mechanically operated, by which traffic may be alternately directed to stop and to proceed.
- TRAFFIC ISLAND
- Any area or space set aside within a roadway, which is not intended for use by vehicular traffic.
- The turning of a vehicle by means of a continuous left turn whereby the direction of such vehicle is reversed.
- 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 chapter 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.
The provisions of this chapter 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 persons necessitates a departure from any part of this chapter. These exemptions shall not, however, protect the driver of any vehicle from the consequences of a reckless disregard of the safety of others.
It shall be the duty of the Police Department of the City to enforce the provisions of this chapter. Officers of the Police Department are hereby authorized to direct all traffic either in person or by visible or audible signals in conformance with the provisions of this chapter; 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 this chapter.
It shall be unlawful for any person to refuse to or fail to comply with any lawful order, signal or direction of a police officer.
The Chief of Police is hereby authorized to close, temporarily, any street or highway in an impending or existing emergency or for a lawful assemblage, demonstration or procession, provided there is reasonable justification for the closing of such street.
[Added 6-24-2008 by Ord. No. 2008-26]
Under the provisions of § 70-5, the Chief of Police shall be authorized to close a designated portion of South Main Street to vehicular traffic from Rodman Street to Sullivan Drive, from Friday at 6:00 p.m. through Sunday at 10:00 p.m. from May through October. Such closure shall be for the establishment of a "restaurant row" along said portion of South Main Street.
Quiet zones near hospitals. All of the territory within 200 feet of the premises of each hospital in the City is hereby created and established as a zone of quiet. The Chief of Police is hereby authorized to erect and maintain, in a conspicuous manner within this area, such signs and markings as are necessary to designate it as a zone of quiet.
Temporary zones of quiet. The Chief of Police may temporarily establish a zone of quiet upon any street where a person is seriously ill, if requested to do so by the written statement of at least two registered physicians certifying to its necessity. Such temporary zone of a quiet shall embrace all territory within a radius of 200 feet of the building occupied by the person at the request of such physicians. Such temporary zones of quiet shall be designated by the police by placing at a conspicuous place in the street a sign or marker bearing the words "zone of quiet."
Sounding horn or other warning device in zone of quiet. No person operating a motor vehicle within any designated and signed zone of quiet shall sound the horn or other warning device of such vehicle, except in an emergency.
It shall be unlawful for the operator of any bicycle or motorcycle, when upon the street, to carry any other person upon the handlebars, frame or tank of any such vehicle, or for any person to so ride upon such vehicle.
No person shall operate or use, or cause to be used, any vehicle commonly called an "advertising sound machine" within the City limits which may disturb the safety, peace or comfort of the public.
[Amended 3-28-1995 by Ord. No. 1995-10]
No person shall park or operate a vehicle or motorcycle upon any street while having a sound or music device playing at such a volume so as to disturb persons living in the neighborhood where such motor vehicle or motorcycle is parked or traveling.
No person shall park an automobile and/or motorcycle on any way or place where the public has the right of access as invitees or licensees so as to intimidate the public and deprive them of their lawful use, either by noise created by mechanical or electrical means or by a trespass.
No person shall operate or park a vehicle on any street or highway for the primary purpose of displaying advertising signs.
The driver or owner of any vehicle involved in an accident resulting in the injury or death of any person or in which there is damage in excess of the amount established in state law to any one vehicle or other property shall report such accident in compliance with the provisions of MGL c. 90, § 26.
No person shall move or drive a vehicle on any street or highway, nor shall any owner of a private vehicle knowingly permit such vehicle to be driven or moved on any street or highway, unless such vehicle is so constructed or loaded as to prevent its contents from spilling, dropping, sifting, leaking or otherwise escaping from the vehicle. Vehicles loaded with any material which may be blown about by the wind shall be suitably covered to prevent the contents from being blown upon the streets or highways.
If any vehicle is found upon 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 such vehicle is registered shall be held prima facie responsible for such violation.
[Added 9-20-2004 by Ord. No. 2004-20]
No person shall operate a motorized scooter on any way or on any sidewalk appurtenant thereto, or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, or on any public property, schools, playgrounds or parks within the City.
No person, owner, lessee or person who has under his custody, care or control a motorized scooter shall allow or permit any person to operate a motorized scooter on any way or on any sidewalk appurtenant thereto, or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, or on any public property, schools, playgrounds or parks within the City.