The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning:
A narrow way which is designed for the convenience and accommodation
of the owner of the property abutting thereon and his guests but which,
because of its size, restricts accessibility by fire apparatus and
which has been designated as an alley by the Chief of the Fire Department
and posted as such.
A longitudinal portion of the roadway established with appropriate
signs and pavement markings for the exclusive use of nonmotorized
modes of transportation.
[Added 3-22-2016]
An area in the roadway set aside for boarding or alighting
from buses.
Any vehicle being used in the transportation of goods, wares
or merchandise for commercial purposes.
That portion of a roadway ordinarily included within the
prolongation or continuation of curblines and property lines at intersections
or at any portion of the roadway clearly indicated for pedestrian
crossing by lines on the road surface or by other markings or signs.
Vehicles of the Fire Department, police vehicles, ambulances
and emergency vehicles of federal, state and municipal departments
or public service corporations when the vehicles are responding to
an emergency or to other duty connected therewith in relation to the
public welfare and safety.
An area designated by the Chief of the Fire Department, 18
feet wide, adjacent to buildings in any shopping centers, bowling
alleys, theaters, nursing homes, office buildings and other public
buildings. Such fire lanes shall be so designated by the Chief of
the Fire Department, shall be posted as such and shall extend from
the wall of the building, any overhang thereof or any sidewalk adjacent
thereto.
[Amended 12-23-2008]
Any procession of mourners, properly identified as such,
accompanying the remains of a human body.
The area embraced within the extensions of the lateral curblines
or, if none, then the lateral boundary lines of intersecting ways
as defined in MGL c. 90, § 1, including divided ways. The
rules and regulations contained in this chapter governing and restricting
the movement of vehicles at and near intersecting ways shall apply
at any place along any way at which drivers are to be controlled by
traffic control signals, whether or not such place is an intersection
as herein defined.
A longitudinal division of a roadway into a strip of sufficient
width to accommodate the passage of a single line of vehicles.
An area in the roadway set aside for the accommodation of
commercial vehicular traffic.
[Amended 11-17-2015]
Any police officer of the City or any officer authorized
to direct or regulate traffic or to make arrests for the violation
of traffic regulations.
That portion of a curbing, the painting of which has been
authorized by the City Council and which has the written approval
of the Department of Highways of the commonwealth.[1]
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 City Council and which
has the written approval of the Department of Highways of the commonwealth.
All signals conforming to the standards as prescribed by
the Department of Highways of the commonwealth, 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.
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 mechanical device placed or erected on any public way
within the City by authority of the City Council with the written
approval of the Department of Highways of the commonwealth for the
purpose of regulating time during which parking is permitted in a
particular parking space.
Any space within a parking meter zone adjacent to a parking
meter which is duly designated for the parking of a single vehicle
by lines painted on the surface of the street adjacent to or adjoining
each parking meter.
Any street or portion thereof upon which parking meters are
installed and in operation, by authority of the City Council and with
the approval of the Department of Highways of the commonwealth, and
upon which the parking of vehicles is permitted for a period of time
as is designated by proper authority.
Any person afoot, or riding on a conveyance moved by human
power, except bicycles.
A way designed for travel thereon, not laid out as a public
way by public authority or dedicated to public use, which is the subject
of private ownership but which is open to public use by license or
permission of the owner.
Any intersection of ways with a railroad right-of-way.
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.
Counterclockwise operation of a vehicle around an object,
structure or island in the roadway.
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 Highways
of the commonwealth.
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 the purpose of travel.
An area in the roadway in which certain taxicabs are permitted
or required to park while waiting to be engaged.
Pedestrians, ridden or herded animals, vehicles and 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 the drivers are to be controlled by traffic control signals.
Any device using colored lights which conform to the standards
as prescribed by the Department of Highways of the commonwealth, 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.
The turning of a vehicle by means of a 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 highway, including bicycles,
when the provisions of this chapter are applicable to them, except
other devices moved by human power or used exclusively upon stationary
rails or tracks and devices which derive their power for operation
from stationary overhead wires.
[1]
Editor's Note: Throughout this chapter, references
to the State Department of Public Works were amended to refer to the
State Department of Highways 12-23-2008.
It shall be the duty of all police officers
of the City, and in particular officers designated by the Superintendent
of Police, to enforce the provisions of this chapter. Such officers
are authorized to direct all traffic, either in person or by means
of visible or audible signal, in conformance with the provisions of
this chapter, provided that, in the event of a fire or other emergency,
to expedite traffic or safeguard pedestrians, the officers of the
Police and Fire Departments may direct traffic as conditions may require,
notwithstanding the provisions of this chapter.
No person shall willfully fail or refuse to
comply with any lawful order, signal or direction of an officer, as
defined in this chapter, relating to the direction, control or regulation
of traffic. Any person acting in conformity with any such order, signal
or direction shall be relieved from the observance of any provision
of this chapter with which it conflicts.
A.
The Superintendent 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 he deems there is justification for closing such street
or highway.
B.
The Superintendent of Police is hereby authorized
to temporarily prohibit parking on any street or highway or part thereof
in an impending or existing emergency or for a lawful assemblage,
demonstration or procession or if such street or highway or portion
thereof is in a dangerous or defective condition or in the event of
extraordinary or unusual circumstances, provided that he deems there
is justification for prohibiting parking on any such street or highway
or part thereof.
C.
The Commissioner of Public Works is hereby authorized
to temporarily close any street or highway or part thereof which is
in a dangerous or defective condition, or for the making of repairs
thereon, until such time as such dangerous or defective condition
is remedied or such repairs made.
D.
The Commissioner of Public Works is hereby authorized
to temporarily prohibit parking on any street or highway or part thereof
whenever the necessity arises for the plowing or removal of snow or
ice, provided that "No Parking" signs shall be erected on such street
or highway or part thereof at least two hours in advance of such plowing
or removal of such snow or ice.
E.
When any street or highway or part thereof is closed
to traffic or parking has been prohibited as provided in this section,
vehicles or animals using such street, highway or part thereof or
found parked thereon may be moved by or under the direction of an
officer to a place where parking is permitted or to a public garage
or other public place, and the expense of such moving, and storage
if moved to a public garage, shall be borne by the party whose vehicle
or animal has been so moved.
F.
The Superintendent of Police, or the Commissioner
of Public Works, whichever is the acting party, shall receive the
full cooperation of the other in the performance of his duty.
[Amended 12-23-2008]
For the purpose of trial, the City Council may
make temporary rules regulating traffic or test under actual conditions
traffic signs, signals, markings or other devices. No such experimental
rule relating to traffic shall remain in effect for a period longer
than 60 days.
No person shall coast by the use of a sled in
or on the streets or upon the sidewalks in the City except in such
streets or ways and at such times as are designated and set apart
for such coasting by the Commissioner of Public Works or the Superintendent
of Police. During the time such coasting is permitted, official signs
and other warning devices shall be erected indicating that such streets
or parts of streets are reserved for coasting and no vehicle in traffic
shall use the same unless the driver shall have business within the
reserved area or be a resident thereof.
The City Council shall have the power to designate
the location of all bus stops, taxicab stands and loading zones within
the City and, in the case of taxicab stands, shall designate who shall
use them.
No person in charge of and no person participating
in any parade or procession shall permit it to occupy or march on
any street to the exclusion or interruption of other persons in their
individual rights and use thereof, except police and fire departments,
the organized militia or the organized naval forces, the independent
chartered military organizations, the military and naval forces of
the United States, associations composed wholly of soldiers, sailors
or marines honorably discharged from the service of the United States,
veterans of the National Guard or Naval Militia, or the organizations
of the order of the Sons of Veterans, unless written permit therefor
is given by the Superintendent of Police of the City, and the Superintendent
of Police may designate the time in which the street or parts thereof
may be so occupied and how much of the street such procession or parade
may occupy, and when so designated the chief officer of such procession
or parade shall be held responsible that the designation is obeyed,
and the Superintendent of Police shall furnish such police escort
as may be necessary to protect persons and property and maintain the
public peace and order.
The provisions of this chapter shall not apply
to drivers actually engaged in work upon a street or highway closed
to travel or under construction or repair or to officers when engaged
in the performance of their public duties, when the nature of the
work of any of these necessitates 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 for the
safety of others.
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.
Any person violating any provision of any rule,
regulation or order regulating the parking of motor vehicles within
the City, made by any body authorized to make the same, shall be dealt
with as provided in MGL c. 90, § 20A. Any person violating
any of the rules and regulations applicable to state highways made
by the Department of Highways of the commonwealth under authority
of MGL c. 85, § 2 shall be subject to the penalty provided
in such rules and regulations. Any person convicted of a violation
of any other rule, regulation or order made under this chapter, except
as otherwise provided, shall be punished by a fine not exceeding $20
for each offense.
No person shall leave any railroad car, or cause
or permit the same to stand or remain, upon any of the branches of
any railroad where the same cross any of the streets or ways of the
City.
A.
The record owner of each building adjacent to a fire
lane or alley, upon designation thereof and notification of such designation
by the Chief of the Fire Department by mailing written notice, certified
mail, return receipt requested, shall forthwith provide and install,
at the owner's expense, signs posting the area as a fire lane or alley
under the supervision of the Fire Chief.
B.
Nothing in this section relative to any alley or fire
lane shall be deemed or constitute a zoning violation as a result
of any previous authorized parking space being lost due to designation
of the area as an alley or fire lane.
[Added 5-25-2004]
A.
As used in this section, "motorized scooter" shall
mean any two-wheeled device that has handlebars, is designed to be
stood or sat upon by the operator and is powered by an electric, gasoline
or alcohol fueled motor that is capable of propelling the device with
or without human propulsion. A motorcycle or motorized bicycle as
defined in MGL c. 90, § 1 is not a motorized scooter.
B.
A motorized scooter shall not be operated in the City
of Lowell on any street, way, sidewalk, public property (including
schools, playgrounds and parks), or in any place to which the public
has a right of access or any place to which members of the public
have access as invitees as licensees, by any person under the age
of 16 1/2 years of age, nor at a speed in excess of 15 miles per hour.
A motorized scooter shall not be operated on any way by any person
not possessing a valid driver's license. Every person operating a
motorized scooter shall have the right to use all public ways in the
City except limited access or express state highways where signs specifically
prohibiting bicycles have been posted and shall be subject to the
traffic laws and regulations of the commonwealth and other traffic
ordinances of the City, except that:
(1)
The motorized scooter operator may keep to the right
when passing a motor vehicle which is moving in the travel lane of
the way.
(2)
The motorized scooter operator shall signal by either
hand his intention to stop or turn right. When turning left, an operator
of a motorized scooter must stop on the right-hand side of the road
and walk the scooter across the road.
(3)
Motorized scooters may not be operated on sidewalks,
except as may be necessary to enter or leave adjacent property.
(4)
Motorized scooters may be operated on bicycle lanes
adjacent to various ways.
(5)
Every person operating a motorized scooter must keep
at least one hand upon the handlebars at all times. Every person operating
a motorized scooter shall wear protective headgear conforming to such
minimum standards of construction and performance as the Registry
of Motor Vehicles may prescribe. No person operating a motorized scooter
shall permit any other person to ride as a passenger. Every motorized
scooter must be equipped with a brake that will enable the operator
to make a braked wheel skid on dry, level, clean pavement and an ignition
cutoff switch.
(6)
Every motorized scooter operating during darkness
shall be equipped with the following:
(a)
A lamp emitting white light which, while the
scooter is in motion, illuminates the road in front of the operator
and is visible from a distance of 300 feet in front and from the sides
of the motorized scooter;
(b)
A white or yellow reflector on each side visible
from the front and rear of the motorized scooter from a distance of
200 feet; and
(c)
A red reflector, or reflectorized material,
attached to the operator and visible from a distance of 500 feet to
the rear when directly in front of lawful upper beams of head lamps
on a motor vehicle.
C.
A person convicted of a violation of this section
shall be punished by a fine of $50 for the first offense, $100 for
the second offense, and $200 for subsequent offenses committed.
