[HISTORY: Adopted by the Town Council of the Town of West
Springfield as Ch. 8 of the Codified Ordinances. Amendments noted
where applicable.]
A.
The Director of the Department of Public Works, for the purpose of
plowing snow or removing ice from any way, may remove or cause to
be removed to some convenient place, including a public garage, any
vehicle interfering with such work. The Director shall keep or cause
to be kept records of the registration number of each such vehicle
so removed and the place to which it is removed and shall, within
48 hours after such removal, send notice thereof by mail to the owner
of such vehicle at his last known address and to the Chief of Police.
B.
Before the owner or his/her duly authorized agent shall be permitted
to obtain possession of a vehicle which has been removed as aforesaid
to a public garage or other convenient place, he/she shall:
(1)
Furnish satisfactory evidence to the Director or to the owner or
person in charge of said public garage of his/her identity and ownership
or right to possession of said vehicle.
(2)
Pay all charges for towing or removing said vehicle, all storage
charges and the cost of publishing or sending any and all notices
hereunder.
(3)
Sign a written receipt acknowledging delivery of said vehicle.
[Amended 5-8-2002 by Ord.
No. 109]
A.
It shall be unlawful for an operator or owner of any vehicle to park
such vehicle on any public or private street during an emergency declared
by the Mayor or his/her designee. Public notice of the imposition
of such emergency ban shall be given prior to its imposition. The
ban shall remain in effect until terminated by the Mayor or his/her
designee.
B.
The fine for violation of this ban shall be not less than $15 for
each offense.
A.
Obstruction of private way. It shall be unlawful to obstruct or block
a private way with a vehicle or any other means so as to prevent access
by fire apparatus or equipment to any schools and places of public
assembly.
B.
Obstruction of fire lanes. It shall be unlawful to obstruct or park
a vehicle in any clearly marked fire lane, such fire lanes to be designated
by the Chief of the Fire Department or his/her designee and posted
as such.
C.
Removal of objects obstructing access. Any object or vehicle obstructing
or blocking any fire lane or private way may be removed or towed by
the Town under the direction of a police officer at the expense of
the owner and without liability to the Town of West Springfield.
D.
Installation of signs, road markings. The owner of record of any building affected by this section shall provide and install signs and road markings as provided in Subsection B of this section. Said signs shall be no less than 12 inches by 18 inches and shall read "Fire Lane - No Parking - Tow Zone."
A.
Parking restricted; special plates required. No person shall permit
any vehicle registered in his or her name to stand or park in the
spaces designated as reserved for handicapped persons or to obstruct
any curb ramp designed for use by handicapped persons unless the vehicle
is owned by a disabled veteran or handicapped person and bears a distinctive
plate authorized by MGL c. 90, § 2.
B.
Violations and penalties. The registered owner of any vehicle standing
or parked in a space reserved for handicapped persons in violation
of this section shall be subject to a fine and the procedures established
pursuant to MGL c. 90, § 20A 1/2.
No person shall stand with or permit any vehicle under his or
her care or control to stand across any public highway or street in
such a manner as to obstruct travel over the same, and no person shall
stop with any vehicle in any public street at the side of or so near
to another vehicle as to obstruct public travel, and no person shall
stop with any vehicle upon or across any crosswalk in any street or
highway in the Town.
[Amended 11-19-2012 by Ord. No. 144]
A.
No person shall ride, drive, wheel or push any vehicle or other device
which achieves locomotion through the use of wheels upon any sidewalk
in Town except as follows:
(1)
Wheelchairs or similar vehicles which are used as medically necessary
assistance, including but not limited to personal mobility scooter-type
vehicles shall be allowed.
(2)
Personal transportation parallel-wheeled devices such as Segways
shall be allowed.
(3)
Strollers and/or carriages used to transport infants or toddlers
shall be allowed.
(4)
Bicycles shall be allowed on sidewalks outside of business districts
pursuant to MGL c. 85, § 11B.
(5)
Four-wheel and "in-line" roller skates shall be allowed.
(6)
Children's wagons shall be allowed as long as they are under the
control of and being pulled by an individual exercising due care.
B.
For purposes of this section, the term "bicycles" shall include two-wheel,
nonmotorized cycles, tricycles, and children's two- or three-wheeled
cycles.
C.
No motorized vehicle shall be used upon any sidewalk in Town unless such vehicle is included in Subsection A(1) or (2) above. Any vehicle used upon a sidewalk in Town must be in fully operable condition at the time of use and must be operated in a safe manner at all times, at no time exceeding a speed of eight miles per hour. Racing of such vehicles is prohibited. Pedestrians walking on or crossing onto the sidewalk must be granted the right-of-way at all times.
In any public way wherein the portion of the way used for vehicular
travel is paved to a width of 18 feet or more, no person shall park
or allow to stand any motor vehicle or trailer in such manner that
a wheel, wheels, standard or support thereof rests upon that portion
of the way between the curbing and the property line, or between the
equivalent edge of the pavement and the property line where no curbing
exists, unless written permission for such parking or standing shall
have been granted by the Town prior to November 1, 1976.
No person shall solicit or procure, either verbally, by sign
or signal or in any other manner, transportation for themselves or
for other persons in any motor vehicle operated upon any way in the
Town, except a motor vehicle operated for the carriage of passengers
for hire and which has been licensed as such by the License Commission.
A.
Rules and regulations. Unless inconsistent with the terms and conditions
set forth in the Massachusetts General Laws, the duly adopted regulations
of an agency of the commonwealth, or of this article, the rules and
regulations adopted by the Town Council shall govern towing and storage
of motor vehicles lawfully seized and held by or by order of the Police
Department.
B.
Charges for towing and storage.
(1)
The charges for towing and storage of motor vehicles when such towing
is ordered by the police shall be the rate as set by the Massachusetts
Department of Telecommunications and Energy as set forth in MGL c.
159B, § 6B.
(2)
For each motor vehicle towed by order of the police, there shall
be assessed a one-time administrative fee in accordance with the following
schedule:
(a)
Commercial motor vehicle with one or more than one of the following:
1] three or more axles; 2] a gross weight of 26,001 pounds or greater;
3] an unusually heavy, bulky or dangerous load which requires extensive
handling: fee of $50.
(b)
Noncommercial motor vehicle or commercial motor vehicle not
subject to the above-stated criteria: fee of $25.
(3)
The administrative fee added to the tow charge as set forth in MGL
c. 159B, § 6B shall be collected by the tow company, and
payment shall be made by check from the tow company monthly to the
Accounting Department of West Springfield. In the event of a discrepancy
in the amount owed at the end of each month, the records held at the
Police Department of the number of vehicles towed shall be the determining
factor to settle the discrepancy.
C.
Reserve receipt fund, deposit and expenditure.
(1)
All charges collected by the Town in accordance with the charges imposed by Subsection B(2) shall be separately accounted for in a fund maintained separately from the Town's general fund, in accordance with MGL c. 44, § 53E 1/2, and reserved for appropriation by the Mayor as approved by the Town Council consistent with the restrictions on expenditures as set forth herein.
(2)
The following activities, and no others, are eligible to be funded
with monies appropriated from the fund:
(a)
Purchase of cruisers and other police vehicles, including, but
not limited to, all-terrain vehicles, as authorized by the Police
Chief and approved by the Mayor, for policing the roads; and conservation
restricted areas and parks.
(b)
Purchase of parts, equipment and services necessary for the
operation and maintenance of said police vehicles used for policing
the roads.
