TOPIC :                       MOTOR VEHICLES

SUBJECT:                  GENERAL ORDINANCE FOR TOWING
                                     AND PARKING

KEY WORDS:            MOTOR VEHICLE, SNOW REMOVAL
                                     ETC.

CODE:                         ORD IV-11

AGENCIES:                POLICE, PARKING DEPTS., DPW

STATUTES:                C. 90, S. 20A, C. 159A & B

DATES:                       01/10/95, 03/23/93, 04/08/86, 07/10/84,
 05/19/81, 02/03/81, 12/16/80

 

ELEMENTS:               SECTION 1.

1.      Any vehicle parked or standing in such manner, or in such areas as are hereinafter described on any way under the control of the City of Lynn shall be removed at the owner’s expense in accordance to this ordinance.

2.      Authorization of Police or Public Authority.

The moving or towing of any vehicle under the provisions of this section shall be by and at the direction of the Chief of Police or such officer(s) of the rank of Sergeant or higher as he may from time to time designate or public authority or an officer assigned by the City Council to enforce ordinances in the City of Lynn or Parking Director.

3.      Fees.  City Council sets fees for towing.

A.     Removal or Towing Fee.

Rates as certified under C. 159A & B shall apply.

B.     Snow Removal & Storage Charge

Rates as certified under C. 159A 7 B shall apply

4.      Liability for damage during removal or storage.

Contractor liable for damages arising out of negligence in the course of removal.

5.      General Prohibition Tow Zones.

No person shall stand or park or allow, permit or suffer any vehicle registered in his name to stand or park in any of the following places.  Vehicles found in violation of the provisions of this section, except those specifically exempt by law, shall be removed to a convenient place under the direction of an officer of the Police Department or Parking Director and the owner of the vehicle so removed or towed away shall be liable to the cost of such removal and storage, if any as set forth in paragraph 3 of this ordinance.  The owner of any vehicle so removed or towed away under the provisions of this section shall also be subject to the penalties of C. 90, S. 20A. (1) Not criminal offense; (2) First offense no fee but appearance; Second, Third, Fourth, Fifth, Sixth and subsequent $15.00; (3) If failure to appear or if fine unpaid then summons to appear twenty-one (21) days – if failure to appear then arrest and license revoked.

A.     Upon any way in such manner as to impede the removal or plowing of snow or ice and sweeping of streets after public notice except vehicles parked in accordance with approved regulations governing All Night Parking

B.     Upon any sidewalk.

C.     Upon any way within Twenty (20) feet or an intersecting way, except alleys.

D.     Upon any crosswalk.

E.      Upon the way within Ten (10) feet of a fire hydrant.

F.      On the roadway side of any vehicle stopped or parked at the edge or curb of the way (Double Parked).

G.     In front of a public or private driveway.

H.     Upon any way where the parking of a vehicle will not leave a clear and unobstructed lane of at least Ten (10) feet wide for passing traffic.

I.        Upon any public way between the hours of 22:00 and 06:00 any commercial vehicle parked, which is one ton or over, or any trailer, camper or boat and trailer.

J.       Vehicle parked in the opposite direction of on-coming traffic.

K.    Cars parked on watershed land without proper identification.

L.      Vehicles parked in designated tow zones as established by ordinance.

6.      Immediate removal of abandoned vehicle from public property or public ways.

Registered of unregistered motor vehicles shall be removed immediately at owner’s expense from any public property or public way for the following reasons:

A.     No license plates attached to vehicle.

B.     No valid inspection sticker.

C.     Car obviously cannot be moved because of flat tires or being determined as unsafe vehicle, that is lack of proper illuminating devices such as headlights or taillights, broken windshield, vehicles found standing on blocks, jacks, etc.

7.      Abandonment of motor vehicles on public or private ways.

No person shall abandon a registered motor vehicle upon any public or private way or upon any property other than his own without the permission of the owner or lessee of said property.  An officer of the Police Department or Parking Director during the normal performance of his duties shall have removed from a public of private way or private property any motor vehicle which has been determined to be:

A.     Illegally parked (ticketed by Police or Meter Maid).

B.     Obstructing a sidewalk for the flow of pedestrian traffic

C.     Unauthorized vehicle on city owned property.

D.     Trailers, Campers, Boats and Trailers.

E.   Any vehicle snowbound on public way.

8.      Fines for violations as set forth in subsection 6 and 7 shall be

$25.

                                    9.   Establishing towing rules.

Except when an emergency exists the Police Department shall establish a list of qualified towing companies and rotate that list when possible.

10.  Emergency towing.

Any Police Officer during the normal performance of his duties, shall have removed from a public or private way or private property, without the consent of the owner, immediately, any motor vehicle for the following reasons:

A.     Vehicle involved in a crime.

B.     Vehicle obstructing where it creates a problem for the proper protection of life and limb.  (Such as Rescue Unit, Fire Apparatus, Ambulance or any such emergency vehicle).

C.     Vehicle suspected of being used in transportation of stolen articles or illegal articles.

D.     Any vehicle determined to be a potential hazard parked on public or private property within six (6) feet of building.

E.      During the period of snow emergency, no vehicle will be towed from a City of Lynn street unless directed by the Police Chief or DPW Commissioner of his designee,  Further, that prior to any vehicle being towed that a verbal warning by the Police of DPW be issued by loud speaker, advising residents that their vehicle is about to be towed.

11.   Towing vehicles during the performance of Public Authority Work is considered to be Emergency Vehicles.

12.  Police to keep records. 

The Police Department shall keep a record of all such vehicles towed or removed under the provisions of this ordinance.  Such record shall be maintained for one (1) 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.     The fee charge for towing.

E.      Name of Towing Contractor, if any.

F.      Name and rank of Officer who authorized towing.

13.  Release of vehicle.

The towing company will not release any vehicle until receiving written authorization from the Lynn Parking Department.  The Lynn Police Department will have the discretion to release vehicles should the Parking Department be closed.

 

PENALTIES:               FINE - $25 per offense.

NOTE:                          Main ordinance 07/10/84