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.
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.
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.