[Added 12-7-2016]
In accordance with the provisions of MGL c. 40, § 22D, these regulations authorize the removal to a convenient place of vehicles parked or standing in such manner, or in such areas as are hereinafter described on any way under the control of the Town. Vehicles specifically exempt by MGL c. 40, § 22D, shall not however be subject to such removal.
A. 
Authorized. It is hereby authorized that the Chief of the Ashland Police Department or other officers of the rank of Sergeant or higher (to include the Officer In Charge-OIC) as he may from time to time designate, to remove, to some convenient place through the agency of a person or persons in the employ of the Police Department or by an independent contractor any vehicle parked or standing on any part of any way under the control of the municipality in such a manner as to impede in any way the removal or plowing of snow or ice or in violation of any rule or regulation or ordinance which prohibits the parking or standing of all vehicles on such way or portions thereof at such time and recites that whoever violates it shall be liable to charges for the removal and storage of the vehicles as well as subject to punishment by fine.
B. 
Independent contractors. The Police Department shall have the duty to select independent contractors for towing vehicles as regulated by the State Department of Telecommunications and Energy.
C. 
Liability for removal. The Town shall not liable to the owner for any damage arising out of negligence caused to a vehicle in the course of removal and storage under this Chapter.
D. 
Interpretation. Nothing contained herein shall be interpreted to restrict the Commonwealth of Massachusetts from regulating the towing of vehicles on state highways or state property located in the Town of Ashland in accordance with the general laws as amended.
A. 
The Chief of Police shall award contracts for the towing and storage of vehicles removed and stored under this article by competitive bids, advertisements for which shall be inserted once in a newspaper published in the Town at least seven days prior to the opening of bids. Such advertisements shall provide that the Town reserves the right to reject any and all bids. Such contract shall provide that there shall be no obligation on the part of the Town for the payment of towing or storage charges but that the contractor must resort for payment to the owners of vehicles removed from the public streets and stored as provided herein.
B. 
No towing company shall be allowed to provide police-ordered towing services to the Town unless it is under written agreement with the Police Department to abide by the terms and conditions established in the written agreement. Further, any tow company so permitted shall maintain an office and secured storage facility, and shall be available on a twenty-four-hour, seven-day-a-week basis for towing.
C. 
In accordance with 220 CMR 272, the maximum charge for towing up to five miles may not exceed $90.00 which includes one hour of Service and/or Waiting Time to be computed from the time of arrival at the scene. (If service exceeds one hour refer to 220 CMR 272, Note 1. The use of Note 1, for a trespass tow or snow removal tow is prohibited.) A surcharge per mile of $3.00 is established for miles towed in excess of five miles. Storage Fees not to exceed two dollars ($2.00) for any twenty-four-hour period; not to exceed one dollar and fifty cents ($1.50) for any period less than twenty-four hours.
D. 
The charges incurred for such removal or towing and storage shall be payable to the contracted towing firm before the owner of such vehicle shall be entitled to remove the same from the place of storage.
E. 
In addition to those fees imposed by the towing contractor for removal and storage of the vehicle, the penalty for parking in a tow zone shall be prescribed in accordance with § 293-59.
Vehicles found in violation of the provisions of following sections, except those specifically exempt by law, shall be removed to a convenient place under the direction of an officer of the Police Department, and the owner of the vehicle so removed or towed away shall be liable for the cost of such removal and storage.
A. 
Sections 293-22 through 293-29.
B. 
Upon any parking space violation specifically designated for the physically handicapped.
C. 
In any other area where a notice of the prohibition of parking is provided by sign bearing the legend "TOW AWAY ZONE" and located so as to be visible to approaching drivers.
D. 
Any vehicles obstructing the removal of snow and ice as outlined in § 249-13.
The Police Department shall keep a record of all vehicles towed or removed under the provisions of this article. Such record shall be retained for one year and shall contain the following information:
A. 
The registration of the vehicle.
B. 
The location from which it was towed, and time and date of tow order.
C. 
The location to which it was moved.
D. 
Name of towing contractor.
E. 
Name and rank of officer who authorized towing.
Any vehicle removed pursuant to the provisions of this Chapter shall be held until all charges lawfully imposed for such removal and storage following the same have been paid and if in the calendar year in which such vehicle is so removed and in the preceding calendar year five or more notices in the aggregate have been affixed to said vehicle as provided in M.G.L. c. 90, § 20A1/2 due notice has been received that either the fines provided in such notices have been paid or security for the payment thereof has been deposited.
Complaints related to any actions taken under these §§ 263-60 through 263-65 shall be heard by the Town of Ashland Police Chief.