Article I Traffic Rules and Orders

The Director of Public Works is hereby authorized, and as to those signs and signals required hereunder it shall be their 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.

Section 275-2B and C and § 275-5B, C, F, and H to J, inclusive, relating to parking; and § 275-7G and J, concerning turning movements; and § 275-7T, pertaining to exclusion, shall be effective only during such time as official signs are erected and maintained in each block designating the provisions of such sections and located so as to be easily visible to approaching drivers.

Sections relating to one-way streets shall be effective only during such time as a sufficient number of official signs are erected and maintained at the entrance and each of the exits for each one-way street, so that at least one sign will be clearly visible for a distance of at least 75 feet to drivers approaching such an exit.

Signals, signals and markings prohibited; display of unauthorized devices. No person or corporation shall place, maintain or display upon or in view of any street any unofficial device, sign, signal, curb marking or street marking which purports to be or is an imitation of or resembles an official traffic device, sign, signal, curb marking or street marking or which attempts to direct the movement of traffic or which hides from view any official sign, signal, marking or device. 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.

Experimental regulation.

For the purpose of trial, the Town of Merrimac Select Board may make temporary rules regulating traffic or test under actual conditions traffic signs, markings, or other devices.

No such experimental rules relating to traffic shall remain in effect for a period longer than 30 days.

§ 275-4 Zone of quiet.

The Chief of Police may temporarily establish a zone of quiet upon any street where a person is seriously ill. Said temporary zone of quiet shall embrace all territory within a radius of 200 feet of the building occupied by the sick person. Said temporary zones of quiet shall be designated by the Chief of Police by causing to be placed at a conspicuous place in the street a sign or marker bearing the words ZONE OF QUIET.

§ 275-5 Stopping, standing, parking.

General prohibitions. No person shall allow, permit or suffer any vehicle registered in their name to stand or park in any street, way, highway, road or parkway under the control of the Town of Merrimac in violation of any of the Traffic Rules or Orders adopted by the Select Board and in particular in any of the following places except when necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic sign or signal:

Within an intersection, except within those intersections where the installation of parking meters has been specifically approved by the Department.

Upon any sidewalk.

Upon any crosswalk.

(4)

Upon the roadway in a rural or sparsely settled district.

(5)

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 upon those streets which are designated as one-way streets. On such one-way streets, vehicles shall be parked in the direction in which said vehicle is moving and with both wheels within 12 inches of the curb. This shall not apply to streets or parts of streets where angle parking is required by these regulations.

(6)

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.

(7)

Upon any street or highway within 10 feet of fire hydrant.

(8)

In front of any private road or driveway.

(9)

Upon any street or highway within 20 feet of an intersecting way, except alleys.

(10)

Within 15 feet of the wall of a fire station or directly across the street from such fire station, provided signs are erected acquainting the driver of such restriction.

(11)

Alongside or opposite any street excavation or obstruction when such stopping, standing or parking would obstruct traffic.

(12)

Within 25 feet of the nearest rail of a railroad crossing when there are no gates at such crossing, or otherwise within five feet of the gate.

(13)

On a bridge and the approach thereto.

(14)

Upon any street, highway, or Town parking lot unless the vehicle displays a valid registration plate as required by MGL c. 90.

(15)

Upon any street, highway, or Town parking lot unless the vehicle displays a valid certificate of inspection as required by MGL c. 90.

Service zones. No person shall park a vehicle upon any street in any service zone for a period of time longer than 30 minutes and except while actually engaged in loading or unloading.

Diagonal parking.

The Select Board shall determine the street upon which diagonal parking will be permitted and shall cause said streets to be designated by signs and the surfaces thereof to be marked as directed by the Chief of Police.

Upon the streets or parts of streets which may hereafter be designated by rules and orders and marked and signed for diagonal parking, vehicles shall be parked with one wheel within 12 inches of the curb and at the angle to the curb indicated by official marks and signs. The vehicle shall be parked so that all four wheels thereof shall be placed wholly within the area indicated for parking, and headed to the curb.

Parking vehicle for sale prohibited. It shall be unlawful for any person to park upon a street or highway any vehicle displayed for sale.

No overnight parking during winter months. No person shall allow, permit or suffer any vehicle registered in their name, other than one acting in an emergency, to be parked on any street for more than one hour between the hours of 11:00 p.m. and 6:00 a.m. of any day between November 15 and April 1, inclusive.

Parking location and prohibitions. Parking is prohibited, restricted or limited as to time, space and streets in accordance with a schedule of streets designated as Schedule I of these Traffic Rules and Orders, and municipal off-street parking areas designated as Schedule I-A of these Traffic Rules and Orders, hereto appended, to which reference is made and which Schedule I and Schedule I-A are specifically incorporated in this chapter. No operator shall park a vehicle in the designated prohibited locations or in the restricted locations for a period longer than is designated in Schedule I and Schedule I-A, except as otherwise provided in those Schedules or where there is a time limit as to parking.

No overnight parking in municipal off-street parking areas. No person shall allow, permit or suffer any vehicle registered in their name, other than one acting in an emergency, to be parked in any municipal off-street parking area between the hours of 12:00 a.m. and 6:00 a.m. of any day.

Prohibited at safety zones. No person shall park a vehicle within 20 feet of either end of a safety zone which is located within 30 feet of the curb or edge of the roadway.

Bus stops.

No person shall stop or park a vehicle other than a bus in a bus stop.

No person shall park a bus upon any street within a business district at any place other than a bus stop when a nearby bus stop is available for use.

Taxicab stands.

No person shall park a vehicle other than a taxicab upon any street within a business district in any taxicab stand.

§ 275-7 Operation of vehicles (MGL c. 89 governs).

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 their taxicab or taxicabs.

Handicapped parking. Whoever, upon on the streets or ways or portions thereof designated in Schedule I of these Traffic Rules and Orders or in municipal off-street parking areas or portions thereof as designated in Schedule I-A of these Traffic Rules and Orders, or upon any way or in any place to which the public has a right of access, or upon any way or in any place to which the public has access as invitees or licensees shall be prohibited from parking in spaces designated as handicapped parking spaces unless displaying a distinguishing registration number or plate issued by the Registrar of Motor Vehicles to handicapped drivers or to nondrivers who are handicapped persons. A fee of $150 shall be imposed for a violation of this section.

[Amended 10-19-2020 STM by Art. 8]

§ 275-6 One-way streets.

One-way streets. The streets or portions thereof designated in Schedule II of these Traffic Rules and Orders hereto appended and specifically incorporated in this section are declared to be one-way streets, and all vehicular traffic shall move on those streets or portions thereof in the direction designated in said Schedule II.

Circular intersection traffic. Within the area bounded by West Main Street, Church Street, East Main Street, and School Street, vehicular traffic shall move only in a rotary, counterclockwise direction.

Overtake only when there is a space ahead. 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 safety operation of any vehicle ahead.

Driver to give way to overtaking vehicle. One 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 suitable and visible signal being given by the driver of the overtaking vehicle, and shall not increase the speed of their vehicle until completely passed by the overtaking vehicle.

Obstructing traffic.

No person shall drive in such a manner as to obstruct unnecessarily the normal movement of traffic on 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.

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 operate the vehicle they are operating without obstructing the passage of other vehicles or pedestrians, notwithstanding any traffic control signal indication to proceed.

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.

Slow vehicles to stay 200 feet apart. 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, when traveling outside of a business or residential district, shall not follow another slow-moving vehicle within 200 feet, but this shall not be construed to prevent such slow-moving vehicle from overtaking and passing another slow-moving vehicle. This subsection shall not apply to funerals or other lawful processions.

Clinging to moving vehicles. It shall be unlawful for any person traveling upon a bicycle, motorcycle, coaster, sled, roller skates, or any toy vehicle to cling to or attach themselves or their vehicle to any moving vehicle or streetcar upon any roadway.

Care in starting, stopping, turning or backing.

The driver of any vehicle, before starting, stopping, turning from a direct line or backing, shall first see that such movement can be made in safety. If such movement cannot be made in safety or if it interferes unduly with the normal movement of other traffic, said driver shall wait for a more favorable opportunity to make such movement.

If the operation of another vehicle should be affected by a stopping or turning movement, the driver of such other vehicle shall be given a plainly visible signal as required by state law.

Emerging from alley or private driveway. The operator of a vehicle emerging from an alley, driveway or a garage shall stop such vehicle immediately prior to driving on to a sidewalk or on to the sidewalk area extending across alleyway or driveway.

Obedience to traffic control signals. Colors and arrow indications in traffic control signals shall have the commands ascribed to them in this subsection and no other meanings, and every driver of a vehicle, railway car, or other conveyance shall comply therewith, except when otherwise directed by an officer or by a lawful traffic regulating sign (other than a stop sign), signal or device or except as provided in § 275-7R of these rules. In no case shall a driver enter or proceed through an intersection without due regard to the safety of other persons within the intersection, regardless of what indications may be given by traffic control signals.

Green indications shall have the following meanings:

Vehicular traffic facing a circular green signal indication is permitted to proceed straight through or turn right or left or make a U-turn unless such movement is modified by lane use signs, lane markings, roadway design, separate turn signal indications or other traffic control devices. Vehicular traffic turning right or left or making a U-turn shall yield the right-of-way to other vehicles and to pedestrians lawfully within the intersection or an adjacent crosswalk at the time such signal is exhibited.

(b)

Vehicular traffic facing a green arrow signal indication, displayed alone or in combination with another signal indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movements as is permitted by other indications displayed at the same time. Such drivers shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

Steady yellow indications shall have the following meanings:

Vehicular traffic facing a steady circular yellow or yellow arrow signal is thereby warned that the related green movement is being terminated or that a red indication will be exhibited immediately thereafter when drivers shall not enter the intersection.

Steady red indications shall have the following meanings:

Vehicular traffic facing a steady circular red signal and NO TURN ON RED sign shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain standing until an indication to proceed is shown except as provided in Subsection I(3)(b) below.

(b)

When no sign is in place prohibiting a right turn, or a left turn from a one-way street to another one-way street, drivers facing a steady circular red signal may cautiously enter the intersection to make the right turn, or left turn from a one way street to another one way street, after stopping as provided in Subsection I(3)(a) above. Such drivers shall yield the right-of-way to pedestrians lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(c)

Vehicular traffic facing a steady red arrow indication may not enter the intersection to make the movement indicated by such arrow and, unless entering the intersection to make such other movement as is permitted by other indications shown at the same time, shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then before entering the intersection, and shall remain standing until an indication to make the movement indicated by such arrow is shown.

(4)

Flashing indications.

Flashing signal indications shall have the following meanings:

[1]

Flashing red (stop signal). When a red lens is illuminated with rapid intermittent flashes, driver of vehicles shall stop at a clearly marked stop line but, if none, before entering the crosswalk on the near side of the intersection or, if none, then at the point nearest the intersecting roadway where the drivers has a view of approaching traffic on the intersecting roadway before entering the intersection, and the right to proceed shall be subject to the provisions of MGL c. 89, § 8.

[2]

Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or pass such signal only with caution.

[3]

Flashing yellow arrow. Vehicular traffic, on an approach to an intersection, facing a flashing yellow arrow signal indication, displayed alone or in combination with another signal indication, is permitted to cautiously enter the intersection only to make the movement indicated by such arrow, or other such movement as is permitted by other signal indications displayed at the same time. Such vehicular traffic, including vehicles turning right or left or making a U-turn, shall yield the right-of-way to:

[a]

Pedestrians lawfully within an associated crosswalk; and

[b]

Other vehicles lawfully within the intersection.

(b)

In addition, vehicular traffic turning left or making a U-turn to the left shall yield the right-of-way to other vehicles approaching from the opposite direction so closely as to constitute an immediate hazard during the time when such turning vehicle is moving across or within the intersection.

Certain turns prohibited. No operator of a vehicle or other conveyance shall make a turn from the way or driveway upon which he is driving onto another way or driveway at any point in the way or driveway where such a movement is prohibited by signs. No operator of a vehicle or other conveyance shall back or turn a vehicle so as to proceed in the direction opposite to that in which said vehicle is headed or traveling wherever signs notifying of such a restriction have been erected. Turns are prohibited on the ways or driveways designated in Schedule III of these Traffic Rules and Orders, and said Schedule III is hereby specifically incorporated in this subsection.

Obedience to isolated stop signs.

In accordance with MGL c. 89, § 9, every driver of a vehicle, railway car or other conveyance approaching an intersection of ways where there exists facing them an official sign bearing the word STOP or a flashing red signal indication shall, before proceeding through the intersection, bring such vehicle, railway car 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 the crosswalk of said intersection. In the case of a line of two or more vehicles approaching such stop sign or flashing red signal indication, the drivers of the second and third vehicles in any group shall not be required to stop more than once before proceeding through the intersection. This section shall not apply when the traffic is otherwise directed by an officer or by a lawful traffic regulating sign, signal or device as provided in § 275-7R of this article.

In accordance with the foregoing, the erection and maintenance of official stop signs or flashing red signal indications is authorized so as to face the streets or intersections provided in Schedule IV of these Traffic Rules and Orders, and said Schedule IV is hereby specifically incorporated in this subsection.

Obedience to yield signs.

In accordance with MGL c. 89, § 9, every driver of a vehicle, railway car or other conveyance approaching an intersection of ways where there exists facing them an official sign bearing the word YIELD, said sign having, apart from these rules and orders, the written approval of the Department of Public Works, Commonwealth of Massachusetts, and such approval being in effect, shall surrender to oncoming traffic their right to enter the intersection until such time as they have brought their vehicle, railway car or other conveyance to a complete stop at a point between said yield sign and the nearer line of the street intersection; provided, however, that this requirement to stop before entering the intersection shall not apply when the driver approaching a yield sign can enter the intersection in safety without causing interference to approaching traffic. This section shall not apply when the traffic is otherwise directed by an officer or by a lawful traffic regulating sign, signal or device as provided in § 257-18 of this article.

In accordance with the foregoing, the erection and maintenance of official yield signs is authorized so as to face the streets or intersections provided in Schedule V-A of these Traffic Rules and Orders, and said Schedule V-A is hereby specifically incorporated in this subsection.

Obedience to required turns. At any signalized or other intersection of ways described herein where the roadway is divided into lanes by pavement markings or other means and official signs are erected requiring a right turn or left turn only for such lane, any operator of a vehicle or other conveyance in the designated lane or lanes must make such movement and no other at said intersection in accordance with the provisions of Schedule IV of these Traffic Rules and Orders, and said Schedule IV is hereby specifically incorporated in this subsection.

Keep to the right of roadway division. 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.

Operation of under or overpasses at intersection 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.

Driving on road surfaces under construction or repair. No operator shall enter upon a road surface of any street or highway or section thereof when, by reason of construction, surface treatment, maintenance or the like or because of some unprotected hazard, such 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 employees of the Town, either audibly or by signals.

No driving on sidewalks. The driver of a vehicle shall not drive upon any sidewalk except at a permanent or temporary driveway.

No driving through safety zones. It shall be unlawful for the driver of a vehicle, except on signal from a police officer, to drive the same over or through a safety zone.

Funerals to be properly identified. A funeral composed entirely or partly of a procession of vehicles shall be identified as such by means of black pennants bearing a purple symbol attached to both the first and last vehicles or other suitable means.

Right and duties of drivers in funerals or other processions.

It shall be the duty of each driver in a funeral or other procession to keep as near to the right edge of the roadway as is feasible and to follow the vehicle ahead as closely as practicable and safe.

At an intersection where a traffic control signal is operating, the driver of the first vehicle in a funeral or other procession shall be the only one required to stop for a red and/or yellow indication.

At an intersection where a lawful stop sign exists, the driver of first vehicle in a funeral or other procession shall be the only one required to stop before proceeding through the intersection.

Unlawful riding. It shall be unlawful for any reason to ride on any portion of a vehicle not designated or intended for the use of passengers when the vehicle is in motion. This provision shall not apply to any employee engaged in the necessary discharge of a duty or within truck bodies in space intended for merchandise.

Speed zones. In accordance with MGL c. 90, § 18, no operator shall operate a motor vehicle on the streets or ways or portions thereof designated in Schedule VI of these Traffic Rules and Orders at speeds in excess of those designated in said Schedule, provided such speeds have been authorized by the Select Board, and which have the written approval of the Massachusetts Department of Transportation and Registrar of Motor Vehicles. Operation of a motor vehicle at a rate of speed in excess of those limits set forth in said Schedule shall be prima facie evidence that such speed is greater than is reasonable and proper. The provisions of this regulation shall not, however, abrogate in any sense MGL c. 90, § 14.

School speed zones. In accordance with MGL c. 90, § 17, no operator shall run at a speed greater than 20 miles per hour in an established school zone as designated in Schedule VII of these Traffic Rules and Orders.

Operation of heavy commercial vehicles.

The use and operation of heavy commercial vehicles having a carrying capacity of more than 2 1/2 tons are hereby restricted on the named streets or parts thereof, and in the manner outlined and during the period of time set forth, as listed on Schedule VIII of these Traffic Rules and Orders.

§ 275-9 Violations and penalties; severability and repealer.

Exemptions. Subsection X(1) of this section shall not apply to heavy commercial vehicles going to or coming from places upon said streets for the purpose of making deliveries of goods, materials, or merchandise to or similar collections form abutting land or buildings or adjoining streets or ways to which access cannot otherwise be gained; or to vehicles used in connection with the construction, maintenance and repair of said streets or public utilities therein; or to federal, state, municipal or public service corporation-owned vehicles.

§ 275-8 Accident reports.

Drivers must report accidents. Every person operating a motor vehicle which is in any manner involved in an accident in which any person is killed or injured or in which there is damage in excess of $1,000 to any one vehicle or other property shall report such accident within five days to the Registrar and to the Police Department in accordance with the provisions of MGL c. 90, § 26.

Penalties.

Any person violating any provisions of any rule, regulation or order regulating the parking of motor vehicles made by anybody authorized to make the same shall be dealt with as provided in MGL c. 90, § 20A, or any acts in amendment thereof or in addition thereto, and any person violating any of the rules and regulations applicable to state highways made by the Department under authority of MGL c. 85, § 2, and acts in amendment thereof and in addition thereto, shall be subject to the penalty provided in said rules and regulations.

Any person convicted of a violation of any other rule, regulation or order made hereunder, except as otherwise provided, shall be punished by a fine not exceeding $20 for each offense.

Repeal.

These rules are adopted with the intent that each of them shall have force and effect separately and independently of every other except insofar as by express reference or necessary implication any rule or any part of a rule is made dependent upon another rule or part thereof.