For the purpose of this chapter, the words and
phrases used herein shall have the following meanings, except in those
instances where the context clearly indicates a different meaning.
Actually engaged in or performing services, including but
not limited to trades, repairs and/or loading or unloading of goods,
supplies, merchandise or any other items at the premises of a resident
of the City of Chicopee.
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 crossing
by lines on the road surface or by other markings or signs.
Any situation in which the life, safety, welfare or property
of a resident of the City of Chicopee is immediately endangered.
Vehicles of the Fire Department (fire patrol), police vehicles,
ambulances and emergency vehicles of federal, state and municipal
departments or public service corporations when the latter are responding
to an emergency in relation to the Police or Fire Department.
Any procession of mourners, properly identified as such,
accompanying the remains of a human body.
Any on- or off-street municipal or other parking space posted "Handicapped Parking Only" and/or bearing the international symbol for the handicapped or statements of similar import and authorized by its listing in § 260-68 of this chapter.
A longitudinal division of a roadway into a strip of sufficient
width to accommodate the passage of a single line of vehicles.
Any officer of the Chicopee Police Department or any officer
authorized to direct or regulate traffic or to make arrests for the
violation of traffic regulations.
The standing of a vehicle, 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.
Includes any individual, firm, copartnership, association
or corporation.
Any intersection of ways with a railroad right-of-way.
Any motor vehicle which is designed as and solely for recreational
purposes.
Any individual or business which is located in the City of
Chicopee.
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.
The counterclockwise operation of a vehicle around an object
or structure.
Any area or space set aside within a roadway for the exclusive
use of pedestrians and which has been indicated by signs, lines or
markings, having the written approval of the Department of Public
Works, Commonwealth of Massachusetts.
An area in the roadway set aside for the accommodation of
commercial and transient 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.
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 Board of Aldermen and
which has the written approval of the Department of Public Works,
Commonwealth of Massachusetts.
An area in the roadway in which certain taxicabs are required
to park while waiting to be engaged.
Pedestrians, ridden or herded animals, vehicles, street cars
or other conveyances, either singly or together, while using any street
or highway for the purpose of travel.
Any area along any way, other than an intersecting way, at
which drivers are to be controlled by traffic control signs.
Any device using colored lights which conforms to the standards
as prescribed by the Department of Public Works of the Commonwealth
of Massachusetts, whether manually, electrically or mechanically operated,
by which traffic may be alternately directed to stop and to proceed.
Any area or space set aside within a roadway which is not
intended for use by vehicular traffic.
All signals, conforming to the standards as prescribed by
the Department of Public Works of the Commonwealth of Massachusetts,
not inconsistent with this chapter, placed or erected by authority
of a public body or official having jurisdiction for the purpose of
directing or warning traffic.
All signs, markings and devices, other than signals, not
inconsistent with this chapter, and which conform to the standards
prescribed by the Department of Public Works of the Commonwealth of
Massachusetts and placed or erected by authority of a public body
or official having jurisdiction for the purpose of guiding, directing,
warning or regulating traffic.
The turning of a vehicle by means of continuous left turn
whereby the direction of such vehicle is reversed.
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.
It shall be the duty of officers designated
by the Chief of Police to enforce the provisions of this chapter.
Such officers 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 chapter, provided that in the event of
a fire or other emergency, officers of the Police and Fire Departments
may direct traffic to expedite traffic or safeguard pedestrians, as
conditions require, notwithstanding the provisions of this chapter.
The Chief of Police is hereby authorized to
close, temporarily, 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.
The driver of any vehicle involved in an accident
resulting in the injury or death of any person or property damage
to an apparent total extent of $100 or more shall, within 24 hours,
make a full and complete report, in writing, of such accident to the
police headquarters in this City. A driver who has been incapacitated
as a result of such accident and to such extent as to make reporting
impossible or unfavorable to his recovery shall not be required to
report such accident until he has recovered sufficiently to be able
to do so. The report shall be made on a form furnished by the Police
Department, copies of which shall be available at the police station.
Compliance with this section, however, shall not relieve such driver
from the additional responsibility of reporting to the Registrar of
Motor Vehicles any accident in which a person is killed or injured.
If any vehicle is found upon any street or highway
in violation of any provisions of this chapter 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.
A.
Any person violating any provisions of any rule, regulation
or order regulating the parking of motor vehicles made by any body
authorized to make the same shall be dealt with as provided by MGL
c. 90, § 20A 1/2, except that if it is an offense subject
to this chapter, timely payment of a fine of $15 shall operate as
a final disposition of the case; provided, however, that if said offense
shall be a violation of the Handicap Parking Ordinance, emergency
winter parking regulations or Fire Lane Ordinance,[1] as provided by this chapter, timely payment of a fine
of $50 shall operate as a final disposition of the case.
B.
However, if timely payment is not made as provided
for in the notice prescribed by MGL c. 90, § 20A 1/2,
the Parking Clerk shall assess a fine of $40, if the Parking Clerk
has not reported the failure to appear to the Registrar, and $60 if
the Registrar has been notified.
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.
[Amended 9-1-2009]
All official signs, lights, markings, signal
systems or devices erected or installed under prior rules or regulations
and necessary to the enforcement of these regulations shall be deemed
to have been lawfully erected or installed hereunder, provided that
the same were erected or installed with the permission and approval
of the Department of Public Works of the Commonwealth of Massachusetts,
and insofar as the same are necessary as aforesaid for the enforcement
of these regulations, they shall be deemed continuing hereunder, but
in all other respects all prior rules, orders and regulations made
by the City Council for the regulation of vehicles are hereby expressly
repealed. This repeal, however, shall not affect any punishment or
penalty imposed or any complaint or prosecution pending at the time
of the passage hereof for any offense committed under said prior rules,
orders or regulations hereby repealed, nor shall said repeal be effective
unless and until these rules and regulations have been approved and
published as required by law.
[Amended 9-1-2009]
If any section, subsection, sentence, clause
or phrase of these rules and orders is, for any reason, unconstitutional,
such decision shall not affect the validity of the remaining portion
of these rules and orders. The City Council hereby declares that it
would have passed these regulations and each section, subsection,
sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases is
declared unconstitutional.
The provisions of this chapter 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 chapter. These exemptions shall not, however,
protect the driver of any vehicle from the consequences of a reckless
disregard of the safety of others.
