2004-10-10 Traffic Rules and Orders

TRAFFIC RULES AND ORDERS

TRAFFIC RULES AND ORDERS

 

          At a meeting of the Board of Selectmen held in Cummington, on April 22, 1996 the following was duly passed:

 

            The Board of Selectmen of the Town of Cummington, acting by virtue of the powers given to it by Chapter 40, Section 22, of the General Laws (Ter. Ed.) and by virtue of any other power that is hereto enabling, hereby adopts and makes the following rules and orders for the regulation of traffic upon the streets and highways of said Town, the same to be know as Traffic Rules and Orders of the Town of Cummington, Insofar as the said rules and orders are the same as any valid regulations, rules and orders now in force, these shall be deemed to be a continuation thereof.

 

 

ARTICLE I

 

For the purpose of these rules and orders, the words and phrases used therein shall have the following meanings except in those instances where the content clearly indicates a different meaning.

 

(a)        “Street or Highway”.     The entire width between property lines of every way open to the use of the public for the purpose of travel.

 

(b)        “Roadway”.     That portion of a street or highway between the regularly established curb lines or that part, exclusive of shoulders, improved and intended to be used for vehicular traffic.

 

(c)        “Lane”. A longitudinal division of a roadway into a strip of sufficient width to accommodate the passage of a single line of vehicles.

 

(d)        “Vehicle”.         Every device in, upon or by which any person or property is or may be transported or drawn upon any street or highway, including bicycles when the provisions of theses rules are applicable to them, except other devices moved by human power or used exclusively upon stationary rails or tracks.  

 

(e)        “Parking”.         The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading of 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.

 

(f)         “Official Traffic Signs”.              All signs, marking and devices, other than signals, not inconsistent with these rules and orders, 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.     

 

(g)        “Officer”.          For the purpose of these rules and orders an officer shall be construed to mean any officer, any constable or special officer, provided he/she has his/her badge of office displayed over his/her left breast and upon his/her outer garment.

 

(h)        “Emergency Vehicles”.  Vehicles of the Fire Department, 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 and Fire Departments.

 

(i)         Official Street Marking”.          Any painted line, legend, marking or marker of any description painted or place upon any way which purports to direct or regulate traffic and which has been authorized by the Board of Selectmen and which ahs the written approval of the Department of Public Works, Commonwealth of Massachusetts.

 

(j)         “Person”.          The word “person” shall mean and include any individual, firm, co-partnership, association or corporation.

 

 

ARTICLE II

AUTHORITY AND DUTIES OF POLICE

 

Section 1.  Police to Direct Traffic

 

It shall be the duty of the Police Officers to enforce the provisions of these rules and orders. Police Officers are hereby authorized to direct all traffic either in person or by means of visible or audible signal in conformance with the provisions of these rules and orders, provided that in the event of a fire or other emergency to expedite traffic or safeguard pedestrians, officers of the Police or Fire Department may direct traffic as conditions may require, notwithstanding the provisions of these rules and orders.

 

Section 2.  Police May Close Streets Temporarily

 

The Police may close temporarily any street or highway in an impending or existing emergency, or for any lawful assemblage, demonstration, event or procession provided there is reasonable justification for the closing of such street.

 

Section 3.  Police May Prohibit Parking Temporarily

 

The Police may prohibit, temporarily, parking on any street or highway or part thereof in an impending or existing emergency or for a lawful assemblage, demonstration, event or procession provided there is reasonable justification for such prohibition. Vehicles parked in places where parking is prohibited temporarily may be towed by or under the direction of an officer.

 

Section 4.  Exemptions

 

The provisions of these rules and orders 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 any emergency and in performance of public duties when the nature of the work of any of these necessitates a departure from any part of these rules and orders. These exemptions shall not, however, protect the driver of any vehicles form the consequences of a reckless disregard of the safety of others.

 

Section 5.  Police May Allow Parking Temporarily

 

The police may allow, temporarily, parking on any street or highway or part thereof that is posted or otherwise designated as a “no parking zone” for a lawful assemblage, demonstration, event or procession provided there is reasonable justification for such allowance. The police shall indicate by signage or other appropriate means when the temporary parking permission has ended.  Vehicles remaining after the temporary parking permission has ended may be towed by or under the direction of an officer.

 

 

ARTICLE III

TRAFFIC SIGNS, SIGNALS, MARKINGS AND ZONES

 

Section 1.  Interference with Signs, Signals and Markings Prohibited.

 

It shall be unlawful for any person to willfully deface, injure, move, obstruct or interfere with any official sign, signal or marking.

 

Section 2.   Obeyance of traffic control.

 

No driver of any vehicle shall disobey the instruction of any official traffic control signal, sign, marking, marker or legend, unless otherwise directed by a police officer.

 

 

ARTICLE IV

PARKING

 

Section 1.  General Prohibitions

 

No person shall stand or park and no person shall allow, permit or suffer any vehicle registered in his name to stand or park in any of the following places:

 

(a)                Within an intersection.

(b)               Upon any sidewalk.

(c)                Upon any crosswalk.

(d)               Upon the roadway in a rural or sparsely settled district.

(e)                Upon a roadway where parking is permitted unless both wheels on the right side of the vehicle are within twelve (12) inches of the curb or edge of the roadway, except upon those streets that 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 twelve (12) inches of the curb.

(f)                 Upon any roadway where the parking of a vehicle will not leave a clear and unobstructed lane at least fifteen (15) feet wide for passing traffic.

(g)                Upon any street or highway within ten (10) feet of fire hydrant.

(h)                In front of any private road or driveway.

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

(j)                 In front of a fire station.

(k)               Blocking or impeding snow removal operations.

(l)                  Double parking.

(m)              Over or across a white line.

(n)                On a grass plot.

(o)               At a bus stop.

 

Section 2.  Prohibited on Certain Streets (effective only during such times that official Traffic Signs are displayed setting forth the provisions). Upon the following streets or highways or parts thereof parking is hereby prohibited.

 

            MAIN STREET                       From Rt. 9 on the west end to Rt. 9 on the east end

WEST MAIN STREET           From the eastern intersection of West Main with Route 9, to the bridge on West Main

            PLAINFIELD ROAD              From Main Street to the bridge in Cummington Village

            BRIDGE STREET                               Entire Street

 

Section 3.  No All Night Parking

 

It shall be unlawful for the driver of any vehicle, other than one acting in an emergency, to park said vehicle on any street between the hours of 12:01 AM and 6:00 AM of any day between December 1st and March 31st of the succeeding year.

 

 

ARTICLE V

OPERATION OF VEHICLES

 

Section 1.  Obedience to Isolated Stop Signs

 

Every driver of vehicle, railway car or other conveyance approaching an intersection of ways where there exists facing him an official sign bearing the word “STOP” or a flashing red signal indication, said sign or signal 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, before proceeding through the intersection, bring such vehicle, railway care 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, than at the approaching such “STOP” sign, or flashing red signal indication, the drivers of the second and third vehicle in any group shall not be required to stop more that once before proceeding through the intersection. This section shall not apply when the traffic is otherwise directed by an officer to by a lawful traffic regulating sign, signal or device.

 

Section 2. Obedience to Flashing Red

 

When a red lens is illuminated in a traffic control signal by rapid intermittent flashes, and its use has been specifically authorized by the Department of Public Works, Commonwealth of Massachusetts, drivers shall stop before entering the nearer line of crosswalk of the street intersection, or at a stop line when marked, and the right to proceed shall then be governed by provisions of Chapter 89, Section 8 of the General Laws (Ter. Ed.).

 

 

ARTICLE VII

RESPONSIBILITY, PENALTIES AND REPEALS

 

Section 1. Owners Prima Facie Responsible for Violations.

 

If any vehicle is found upon any street or highway in violation of any provisions of these rules and orders and the identity of the driver cannot be determined, the owner or the person in whose mane such vehicle is registered, shall be held prima facie responsible for such violation.

 

Section 2.  Penalties

 

Violators of these rules shall pay a fine of five ($5.00) dollars to the Parking Clerk of the Town of Cummington, if payment is made within twenty one (21) days of violation; ten ($10.00) dollars if paid thereafter but before the parking clerk reports the violation to the Registrar of Motor Vehicles; and fifteen ($15.00) dollars thereafter.

 

Section 3.  Repeal

 

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

 

The provisions of these rules so far as they are the same in effect as those of any valid existing rules, orders or regulation hereto made by the Selectmen of the Town of Cummington relative to or in connection with official signs, lights, markings, signal systems or devices shall be construed a continuation thereof, but all other existing rules, orders and regulation so made for the regulation of vehicles are hereby expressly repealed. This repeal, however, shall not affect any punishment or penalty imposed or compliant or prosecution pending at the time of the passage hereof for an offense committed under any of the valid rules, orders, or regulations hereby repealed.

 

 

ARTICLE VII

PUBLIC WAYS AND WORKS

 

Section 1.  Regulation Relative to Ways and Bridges

 

No person other than an employee in the service of the Town of Cummington or an employee in the service of an independent contractor acting for the Town of Cummington shall pile, push or plow snow or ice onto a public way so as to impede the flow of traffic on such way.

 

No one shall cause water or mud to flow onto a town road, state highway or authorized subdivision road, if such flow will tend to endanger passers by.   The Highway Superintendent will determine whether or not such flow will tend to endanger passers by.

 

Violation of this section shall bring a fine of not more than one hundred and fifty ($150) dollars. The first violation will be a verbal warning. The second violation will be in writing and the third violation will be a fine not exceeding one hundred and fifty ($150) dollars.