For the purpose of this article, the following words and phrases
shall have the following meanings:
An area in the roadway set aside for the boarding of or alighting
from and the parking of buses.
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 crossings
by lines on the road surface or by other markings or signs.
Vehicles of the Fire Department, police vehicles, ambulances
and emergency vehicles of federal, state and municipal departments
or public service corporations when responding to an emergency.
Any procession of mourners properly identified as such accompanying
the remains of a human body.
A longitudinal division of a roadway into a strip of sufficient
width to accommodate the passage of a single line of vehicles.
Any police officer, any investigator, examiner or inspector
of the Registry of Motor Vehicles, any constable or special officer.
That portion of a curbing, the painting of which has been
authorized by the Selectboard and which has the written approval of
the Massachusetts Department of Transportation.
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 Selectboard and which
has the written approval of the Massachusetts Department of Transportation.
All signs, markings and devices approved by the Massachusetts
Department of Transportation and placed or erected by the authority
of a public body or official having jurisdiction, for the purpose
of guiding, directing, warning or regulating traffic.
A vehicle being stationary, 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.
Any person afoot or riding on a conveyance moved by human
power, except bicycles or tricycles.
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.
That portion of a street or highway set aside for pedestrian
travel.
The entire width between property lines of every way open
to the use of the public for purposes of travel.
A motor vehicle used for the conveyance of persons for hire,
but not including motor vehicles operated in the manner and for the
purpose stated in MGL c. 159A, nor motor vehicles hired for livery
purposes.
An area in the roadway in which certain taxicabs are required
to park while waiting to be engaged.
Pedestrians, ridden or herded animals, vehicles, streetcars
or other conveyances, either single or together, while using any street
or highway for the purpose of travel.
Any device using colored lights, conforming to the standards
as prescribed by the Department of Transportation of the Commonwealth
of Massachusetts, whether manually, electrically or mechanically operated,
by which traffic may be alternately directed to stop and proceed.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a street or highway, except
devices moved by human power or used exclusively upon stationary rails
or tracks.
A.Â
Obedience to traffic signs and signals. No driver of any vehicle
shall disobey the instructions of any official traffic-control signal,
sign, marking, marker or legend, unless otherwise directed by a police
officer. Obedience to traffic control signals shall conform to applicable
sections of the Massachusetts General Laws and the Manual on Uniform
Traffic Control Devices as adopted by the Massachusetts Department
of Transportation.
B.Â
Passing. The driver of a vehicle shall not overtake and pass a vehicle
proceeding in the same direction unless there is sufficient clear
space ahead on the right side of the roadway to permit the overtaking
to be completed without impeding the safe operation of any vehicle
ahead.
C.Â
Operator of passed vehicle to give way. The driver of a vehicle when
about to be overtaken and passed by another vehicle approaching from
the rear shall give way to the right in favor of the overtaking vehicle,
on visible signal, and shall not increase the speed of his or her
vehicle until completely passed by the overtaking vehicle.
D.Â
Obstructing traffic prohibited; when vehicles to pull to side of
road. No person shall drive in such a manner as to obstruct unnecessarily
the normal movement of traffic upon any street or highway. Officers
are hereby authorized to require any driver who fails to comply with
this subsection to drive to the side of the roadway and wait until
such traffic as has been delayed has passed.
E.Â
Obstructing intersections and crosswalks. No driver shall enter an
intersection or a marked crosswalk unless there is sufficient space
on the other side of the intersection or crosswalk and on the right
half of the roadway to accommodate the vehicle s/he is operating without
obstructing the passage of other vehicles or pedestrians, notwithstanding
any traffic-control signal indication to proceed.
F.Â
Following too closely. The driver of a vehicle shall not follow another
vehicle more closely than is reasonable and prudent, having due regard
to the speed of such vehicle and the traffic upon and condition of
the street or highway.
G.Â
Slow vehicles to stay 200 feet apart; exception. When traveling outside
of a business or residential district, upon roadways less than 27
feet wide and upon which vehicular traffic is permitted to operate
in both directions, the driver of any slow-moving vehicle shall not
follow another slow-moving vehicle within 200 feet, but this shall
not be construed to prevent a slow-moving vehicle from overtaking
and passing another slow-moving vehicle. This subsection shall not
apply to funerals or other lawful processions.
H.Â
Stopping and turning signals. Any stopping or turning signal shall
be given in sufficient time in advance of the movement indicated to
give ample warning to any person who may be affected by such movement,
and shall be given either by means of the hand and arm in the manner
specified below, or by a suitable mechanical or electrical device;
except that when a vehicle is so constructed or loaded as to prevent
the hand and arm signal from being made or from being visible both
to the front and rear, the signal shall be given by a suitable mechanical
or electrical device. Hand and arm signals, as required herein, shall
be made as follows:
(1)Â
An intention to stop shall be indicated by extending the arm horizontally
to the left of and beyond the side of the vehicle.
(2)Â
An intention to turn to the left shall be indicated by extending
the arm horizontally to the left of and beyond the side of the vehicle,
and by pointing to the left with the index finger.
(3)Â
An intention to turn to the right shall be indicated by extending
the arm horizontally to the left of and beyond the side of the vehicle,
and by moving the hand in a circle.
I.Â
Driving on divided roads. Upon such roadways as are divided by a
parkway, grass plot, reservation, viaduct, subway or by any structure
or area, drivers shall keep to the right of such a division except
when otherwise directed by an officer, signs, signals or markings
which shall conform to the Massachusetts General Laws and the Manual
on Uniform Traffic Control Devices as adopted by the Massachusetts
Department of Transportation.
J.Â
Driving on roads under construction. No operator shall enter upon
the road surface of any street or highway or section thereof when,
by reasons of construction, surface treatment, maintenance or the
like, or because of some unprotected hazard, such road surface is
closed to travel, and one or more signs, lights or signals have been
erected to indicate that all or part of the road surface of the street
or highway is not to be used, or when so advised by an officer, watchman,
member of a street or highway crew or employee of the Town, either
audibly or by signals conforming to the Manual on Uniform Traffic
Control Devices as adopted by the Massachusetts Department of Transportation.
K.Â
Driving on sidewalks prohibited. The driver of a vehicle shall not
drive upon any sidewalk except at a permanent or temporary driveway.
L.Â
Dropping or leaking loads. No vehicle shall be driven or moved on
any street or highway nor shall any owner of any vehicle knowingly
permit such vehicle to be driven or moved on any street or highway
unless such vehicle is so constructed or so loaded as to prevent its
contents from spilling, dropping, sifting, leaking or otherwise escaping
therefrom. 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. All vehicles shall conform
to applicable standards of the Massachusetts General Laws and the
current regulations on solid waste disposal and collection as approved
by the Selectboard.[1]
M.Â
Bridge load limits. The Town Engineer shall determine the appropriate
load limit in conformance with the Massachusetts Highway Standards.
The Town Clerk and Department of Public Works shall maintain on file
a current list of Town bridges and their ratings and restrictions
as established by the Massachusetts Department of Transportation.
N.Â
Impeding traffic. No person shall obstruct or impede pedestrian traffic
upon any sidewalk or public pedestrian easement, or obstruct or impede
vehicular traffic upon any street in the Town, absent prior permission
from the Selectboard or the Department of Public Works. Whoever violates
this subsection shall pay a fine of not more than $50 for each violation.
O.Â
Officers to direct traffic. Officers designated by the Chief of Police
are hereby authorized to direct all traffic either in person or by
means of visible or audible signals in conformance with the provisions
of this article; provided that, in the event of a fire or other emergency,
officers of the Police or Fire Department may direct traffic as conditions
may require to expedite traffic or safeguard pedestrians.
P.Â
Police may close streets temporarily. The Chief of Police may order
the temporary closure of 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.
Q.Â
Experimental or emergency regulations. For purposes of trial, the
Selectboard may make temporary or emergency rules regulating traffic
or test, under actual conditions, traffic signs, markings or devices
other than signals. No such experimental or emergency rule regulating
traffic shall remain in effect for a period of time longer than 30
days.
R.Â
Exemptions from obedience. The provisions of this article 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 nor 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 this article. These exemptions shall not,
however, protect the driver of any vehicle from the consequences of
a reckless disregard for the safety of others.
A.Â
Speed limit zones. The Town Clerk and Department of Public Works
shall maintain on file a current list of speed limits and restrictions
on Town ways as approved by the Selectboard. The provisions of this
regulation shall not, however, abrogate in any sense MGL c. 90, § 14.
B.Â
Stop signs. The Town Clerk and Department of Public Works shall maintain on file a current list of stop sign locations on Town ways as approved by the Selectboard. Every driver of a vehicle, railway car or other conveyance approaching an intersection of ways where there exists facing him or her an official sign bearing the word "STOP" or a flashing red signal indication, such sign or signal having, apart from these rules and orders, the written approval of the Massachusetts Department of Transportation and the provisions of the Manual on Uniform Traffic Control Devices, and such approval being in effect, shall, before proceeding through the intersection, bring such vehicle or other conveyance to a complete stop at such point as may be clearly marked by a sign or line, or if a point is not so marked, then at the nearer line of crosswalk of the intersection. This subsection shall not apply when the traffic is otherwise directed by an officer or by a lawful traffic-regulating sign, signal or device, or as provided in § 230-9O.
C.Â
Procedure at underpasses, overpasses and intersections with islands.
At any junction or crossing of ways where the roadway grades have
been separated and where the ways are connected by ramps and at any
intersection of ways in which there are traffic islands, drivers of
vehicles shall proceed only as indicated by official signs, signals
or markings, and the Manual on Uniform Traffic Control Devices as
adopted by the Massachusetts Department of Transportation.
D.Â
One-way streets. The list of one-way streets is available and on
file at the Town Clerk's office.
E.Â
Signs and signals to be erected; when parking restrictions effective.
(1)Â
The Town Engineer is hereby authorized, and as to those signs and
signals required hereunder it shall be his or her duty, to place and
maintain or cause to be placed and maintained all official traffic
signs, signals, markings and safety zones. All signs, signals, markings
and safety zones shall conform to the standards as prescribed by the
Department of Transportation of the Commonwealth of Massachusetts.
(2)Â
Parking restrictions shall be effective only during such time as
a sufficient number of official signs are erected and maintained in
each block and located so as to be easily visible to approaching drivers.
F.Â
Authority to designate prohibited right turns on red traffic signals.
The Selectboard shall be authorized, except as otherwise determined
by state or federal law, to designate those intersections in Town
where right turns on red traffic signals are prohibited.
G.Â
Display of unauthorized signs, signals and markings prohibited; removal.
It shall be unlawful for any person to place or maintain or to display
upon or in view of any street any unofficial sign, signal, marking
or device which purports to be or is an imitation of or resembles
an official traffic sign, signal, marking or device or which attempts
to direct the movement of traffic or which hides from view any official
sign or signal. The Chief of Police is hereby empowered to remove
every such prohibited sign, signal, marking or device or cause it
to be removed, without notice.
H.Â
Interference with signs, signals and markings prohibited; penalty.
Any person who willfully defaces, injures, moves, obstructs or interferes
with any official traffic sign, signal or marking shall be liable
to a penalty not exceeding $100 for each and every offense.
I.Â
Designation and use of bus stops and taxicab stands. The location
of all bus stops and taxicab stands shall be specified by the Selectboard,
and in the case of taxicab stands the Selectboard shall designate
who may use them as such.
A.Â
General prohibitions. The Town Clerk and Police Department shall
maintain on file a current list of parking restrictions on Town ways
as approved by the Selectboard. In addition to the foregoing, no person
shall park a vehicle in any of the following places, and vehicles
found parked in violation of the provisions of this section may be
moved by or under the direction of an officer and at the expense of
the owner:
(1)Â
Within an intersection;
(2)Â
Upon any sidewalk;
(3)Â
Upon any crosswalk;
(4)Â
Upon the roadway in a rural or sparsely settled district;
(5)Â
Upon a roadway where parking is permitted unless both wheels on the
right side of the vehicle are within 12 inches of the curb or edge
of the roadway, except streets or parts of streets where angle parking
is required;
(6)Â
On one-way streets, unless parked in the same direction in which
vehicles are required to move and with both wheels within 12 inches
of the curb;
(7)Â
Upon any roadway where the parking of a vehicle will not leave a
clear and unobstructed lane at least 10 feet wide for passing traffic;
(8)Â
Upon any street or highway within 10 feet of a fire hydrant; and
(9)Â
Upon any street or highway within 20 feet of an intersecting way,
except alleys.
B.Â
Handicapped parking.
(1)Â
It shall be unlawful for any person to leave any vehicle within parking
spaces on public or private property which are required, under any
provision of federal, state or local laws or regulations, to be designated
and are clearly marked as reserved for vehicles owned and operated
by disabled veterans or handicapped persons, except a vehicle transporting
a handicapped person and displaying the special identification plate
issued by any state or any Canadian province, or to park in such a
manner as to obstruct a curb ramp designed for use by handicapped
persons as a means of egress to a street or public way.
(2)Â
The penalty for a violation of this bylaw shall be $100; provided,
however, that nothing herein shall be construed as prohibiting the
removal, in accordance with the provisions of MGL c. 40, § 22D,
of any vehicle which is in violation of this bylaw.
C.Â
Parking time limitations. Parking time limitations are provided on
the list on file and available at the Town Clerk's office.
D.Â
Time limit for parking to load and unload commercial vehicles. Operators
of commercial vehicles may park in a prohibited zone on the roadway
or at the edge or curb of a street for the purpose of loading or unloading
of trucks or delivery wagons for a period of time not to exceed 15
minutes.
E.Â
Parking on Town property. Town boards charged by law with custody
and control of Town property, other than public ways, may from time
to time, after a public hearing, adopt or amend rules and regulations
governing the parking of motor vehicles on said property. Said rules
and regulations may include a specified fine for violation thereof
not to exceed $25. Any regulation so adopted shall be effective 10
days following posting in the Town Hall and publication in a newspaper
with general circulation in the Town. This subsection and any rules
or regulations adopted pursuant hereto may be enforced by the Police
Department pursuant to MGL c. 40, § 21D.
F.Â
Police may prohibit parking temporarily; removal of vehicles. 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.
G.Â
Taxicab stands.
(1)Â
No person shall park a vehicle other than a taxicab upon any street
within a business district in any taxicab stand for a period of time
longer than 15 minutes except while actually engaged in loading or
unloading, provided that such loading and unloading does not exceed
a period of time longer than 1/2 hour.
(2)Â
No person shall park a taxicab upon any street within a business
district at any place other than the taxicab stand or stands designated
for the use of his or her taxicab or taxicabs except while engaged
or while waiting for an opportunity to use a taxicab stand designated
for his or her use.
H.Â
Owner of vehicle prima facie responsible for violations. If any vehicle
is found upon any street or highway in violation of any provisions
of this section 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 violations.
I.Â
Penalties. Any person violating any provision of this section shall
be subject to MGL c. 90, § 20C, and any person violating
any of the rules and regulations applicable to state highways made
by the Department of Transportation of the commonwealth, under authority
of MGL c. 85, § 2, shall be subject to the penalty provided
in such rules and regulations. Parking violation procedures shall
conform to MGL c. 90, § 20A 1/2 and any other applicable
sections. The Town Clerk, Department of Public Works and Police Department
maintain a current list of restrictions and prohibitions on parking
on Town ways as approved by the Selectboard.
A.Â
Removal of vehicles which impedes snow plowing, etc.
(1)Â
The Town hereby adopts the terms and provisions of MGL c. 40, § 22D,
providing for the removal of motor vehicles which impede snowplowing
or snow removal operations from municipal ways. For the purpose of
removing or piling snow or removing ice from a public way or a private
way to which the public has access, the DPW Superintendent has authority,
after providing reasonable notice, to remove to a convenient place,
including a public garage, any vehicle that interferes with the snow
or ice removal process. If a vehicle is ordered removed by the Town,
the contractor employed by the Town for this purpose shall:
[Amended 5-10-2017 ATM by Art. 13]
(a)Â
Keep a record of the registration number of each vehicle and
the place to which it is removed;
(b)Â
Immediately inform the Police Department that the vehicle has
been towed; and
(c)Â
Within 48 hours after the removal of the vehicle, send notice
by mail to the owner of the vehicle at his or her address as recorded
at the Registry of Motor Vehicles of the place to which the vehicle
has been removed. If the owner of the vehicle is not known or is not
on the record of the Registry of Motor Vehicles for the commonwealth,
the contractor shall, within 48 hours after removal of the vehicle,
publish in a newspaper of general circulation in the Town notice of
the removal, the registration number, if any, the type of vehicle,
and the place to which the vehicle was removed.
(2)Â
A person is not entitled to recover a vehicle that has been removed
under this section until s/he has:
(a)Â
Furnished to the Police Department satisfactory evidence of
his or her identity and of his or her ownership or right to possession
of this vehicle; and
(b)Â
Paid the reasonable costs, not exceeding the maximum charges
allowed by the Massachusetts Department of Transportation for this
area, of removing the vehicle to the place of storage and all reasonable
charges, if any, for storage, together with the costs of publication
or the sending of any notice required under this section.
B.Â
Removal of snow from sidewalks. Within 48 hours after a parking ban
has been rescinded by the DPW Superintendent or, when no such parking
ban has been in place, 24 hours after the snow has ended, the owner
of property abutting a public way shall remove the snow from the sidewalk(s)
abutting such property. The South Hadley Police Department may assess
a fine of $100 for each twenty-four-hour period the walk remains impassable
to pedestrians or the sidewalk is not otherwise treated.
[Amended 5-10-2017 ATM by Art. 13]
C.Â
No person
shall move snow by any means into or across a public way without prior
consent from the South Hadley Selectboard. This allowance should be
requested no later than October 15 for each winter season (fiscal
year should be referenced as a "season"), by electronic e-mail to
the Town Administrator for the Selectboard to consider. The correspondence
should include the specific address, the street which the snow will
cross or be stored and the reason for this allowance.
[Added 5-10-2017 ATM by Art. 13]
A.Â
Licenses.
(1)Â
Operator licenses. No person shall operate a taxicab upon any public
way in the Town unless s/he has first been licensed by the Selectboard
pursuant hereto; provided, however, that no license shall be required
during 30 calendar days from the initial date of employment as a taxicab
operator. Any person seeking to be licensed pursuant to this section
for operation of a taxicab shall apply to the Selectboard upon such
form or in such manner as the Selectboard may determine and shall
simultaneously file with the Chief of Police his or her name, address
and descriptive data from his or her license to operate motor vehicles,
including any restrictions thereon, together with a photograph comparable
to any photograph on his or her license to operate motor vehicles.
(2)Â
Vehicle licenses.
(a)Â
No taxicab shall be operated upon any public way in the Town
unless the taxicab has been licensed by the Selectboard pursuant hereto.
The owner of a taxicab shall apply to the Selectboard for licenses
upon such form or in such manner as the Board may determine but shall
present, together with such application, the following:
[1]Â
Certificate of registration issued by Registrar of Motor Vehicles;
[2]Â
Evidence of liability insurance upon the taxicab, together with
a statement of the insurance carrier that such insurance shall not
be cancelled or revoked without first giving 15 days' notice thereof
to the Selectboard; and
[3]Â
Evidence that the taxicab in equipped with a taximeter by which
the charge for hire is mechanically calculated for distance and which
has been tested and certified by the Sealer of Weights and Measures
pursuant to MGL c. 98, § 45.
(3)Â
All licenses issued pursuant hereto shall be signed by a majority
of the Selectboard, shall set forth the name, residence and place
of business of the licensee, and in the case of taxicab licenses shall
further set forth the identification number, current registration
number and the number of persons, exclusive of the operator, which
the vehicle may carry, and shall be prominently displayed within the
taxicab.
(4)Â
Each taxicab license shall expire simultaneously with the registration
of the vehicle and shall be annually renewed. Each operator's
license shall expire on December 31 of the year issued and shall be
annually renewed.
(5)Â
No license shall be issued until the fee allowed by MGL c. 40, § 22
therefor has been paid to the Town Clerk.
(6)Â
Nontransferability. No license issued pursuant hereto shall be transferable
or used for any person or vehicle other than the one described on
its face.
(7)Â
Revocation and suspension. The Selectboard may, after reasonable
notice and hearing, revoke or suspend any license issued pursuant
hereto.
(8)Â
Holders subject to rules and regulations. All licensees hereunder
shall be subject to such rules, orders or regulations as may from
time to time be promulgated by the Selectboard.
B.Â
Inspection of taximeters. The Sealer of Weights and Measures shall,
from time to time, inspect taximeters in licensed taxicabs. In the
event that his or her inspection reveals any defect in a taximeter
it shall be forthwith removed from the taxicab and such taxicab shall
not be used until the defective taximeter is repaired or replaced,
such repaired or replacement taximeter to be inspected and sealed
as aforesaid before such taxicab is used.
C.Â
Operation of taxicabs. No operator of a taxicab shall operate more
than 12 hours during any consecutive twenty-four-hour period, nor
carry more passengers than the number allowed by the taxicab license
of the vehicle.
D.Â
Rates. Rate authority and approval are vested in the licensing board.
