MEMORANDUM

TO: William J. Maloney, Esq., City Clerk Councilor Eileen OConnor Bernal, Esq., Chairwoman, Ordinance Committee Councilors FROM: Charles D. Boddy, Jr. DATE: June 13, 2011 RE: Document # ___/2011 Parking Ordinances Amendments to Accommodate Metered Parking

I attach the proposed ordinance language as requested.

Document # ___/2011 Be it ordained by the City Council of the City of Lawrence that the Revised Ordinances of the City of Lawrence are hereby further amended by adding the following subparagraphs to Section 10.04.010 Definitions to be inserted in alphabetical order as follows: Authorized Agent shall mean any city employee, company, employee of a company or contractor acting on behalf of the City for the purpose performing parking management, parking enforcement, parking ticket collection, parking meter management and all other related services Parking meter means any Electronic or mechanical device or process not inconsistent with the provisions of this title and placed or erected on any public way within the city for the regulation of parking. Each parking meter installed shall include, by proper legend, receipt or other electronic means, the legal parking time established by this title, and when operated shall at all times indicate the balance of legal parking time permitted and at the expiration of such period shall indicate illegal or overtime parking. Parking meter space means any space within a parking meter zone, that is regulated by a parking meter, which is duly designated by signage or markings. Parking meter zone means the side of a city block on any street or portion thereof or off street parking facility upon which parking meters are installed and in operation and upon which parking of vehicles is permitted for a limited time subject to compliance with the provisions of this title. Parking zone means the side of a city block on any street or portion thereof or off street parking facility upon which non-metered parking is permitted and upon which the parking of vehicles is permitted for a limited time subject to compliance with the provisions of this title.

Be it further ordained by the City Council of the City of Lawrence that the Revised Ordinances of the City of Lawrence are hereby further amended by deleting the following specifically identified current sections of the Municipal Code and inserting in their place and stead the following new sections:

Current Ordinances (In Numerical Order) :

10.08.030 - Temporary parking prohibitionsSnow removal. A. Police officers may prohibit, temporarily, parking on any street or highway, or part thereof, in an impending or existing emergency, or for a lawful assemblage, demonstration or procession; provided, that there is reasonable justification for such prohibition. Vehicles parked in places where parking is prohibited temporarily may be moved by or under the direction of an officer. B. Police officers may prohibit parking on any street, except those streets on which alternate side parking is allowed, when requested to do so by the director of the department of engineering or the superintendent of streets, for the purpose of removing or plowing snow and ice. C. Liability for the cost of such removal and of the storage charges, if any, resulting therefor shall be imposed upon the owner of such vehicle.
10.08.040 - Regulation of parking in municipal parking spaces.
Police officers may regulate parking in any municipal parking space and may require drivers of vehicles to park such vehicles as directed, or to move them when necessary, or if parked in such a manner as to interfere with the parking of other vehicles.

10.08.120 - Immobilization of vehicles by mechanical device for failure to pay parking tickets.
A. The chief of the police department, or such sergeants or other officers of higher rank in the police department, or a police officer under the direction of a sergeant or other officer of higher rank, upon notification from the parking clerk, is authorized to immobilize by mechanical device any vehicle which is eligible for immobilization in accordance with the provisions of Chapter 90, section 20A of the General Laws. B. Once a vehicle has been immobilized by a mechanical device, it shall not be released until all parking tickets have been paid along with a $25.00 fee for the removal of the mechanical device. C. Any vehicle which has been immobilized by mechanical device on a public way or a way to which the public has a right of access as licensees or invitees for a period of time exceeding 24 hours shall be removed to some convenient place and impounded. A vehicle so removed shall not be released until payment has been made for the cost of removal, storage charges, unpaid parking tickets and the fee for removing the mechanical device.

10.32.010 - Parking prohibited in specified areas.

A. No person shall stand or park, and no person shall allow, permit or suffer any vehicle registered in his or her name to stand or park, in any of the following places: 1. Within an intersection, except where the installation of parking meters has been specifically approved by the department of public works of the commonwealth; 2. Upon any sidewalk or crosswalk; 3. Upon the roadway in a rural or sparsely settled district; 4. Upon the roadway in a business or residential district 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 where angle parking is required and except on one-way streets where vehicles shall be parked in the direction in which the vehicle was moving and with both wheels on the side of the vehicle adjacent to the curb within 12 inches of the curb or edge of the roadway; 5. Upon any roadway where the parking of a vehicle will not leave a clear and unobstructed lane at least ten feet wide for passing traffic; 6. Upon any street or highway within ten feet of a fire hydrant; 7. Upon or in front of any private road or driveway without the consent of the owner of such private road or driveway; 8. Upon any street or highway within 20 feet of an intersecting way; 9. Within 25 feet of the driveway entrance to any fire station and on a side of the street opposite the driveway entrance to any fire station within 75 feet of such driveway entrance, provided official signs are erected and maintained bearing the words "Fire Zone No Parking"; 10. Unattended in any street or highway, in a traveled lane in a manner as to obstruct the normal flow of traffic; 11. No vehicle shall be parked with the left side of such vehicle next to the curb, except that the left side of a vehicle may be parked next to the left curb on one-way streets. B. Vehicles parked in violation of this section shall be subject to being towed in accordance with the provisions of section 10.32.140 as well as subject to punishment by fine.

10.32.050 - Parking within municipal parking lot.

All motor vehicles parked within the municipal parking lot adjacent to the Casey Memorial Bridge shall be parked within the parking spaces marked by white lines upon the surface of such parking lot for the proper parking of vehicles. No vehicles shall be parked in the traffic lanes between the spaces designated and marked for parking or in any other location within the parking lot in such manner as to impede the flow of traffic, nor in such manner as to impede or block the movement of any other vehicle which is properly parked within a marked parking space.

10.32.060 - Time period for street parking restricted.

It is unlawful for the driver or owner of any vehicle, except in case of an emergency, to park or permit such vehicle to remain unemployed on any street for a period of more than 36 hours. If any vehicle shall be parked on any street for a longer period of time, the police shall be authorized to remove such vehicle or cause its removal to a suitable place at the expense of the owner, to be held there until called for by the owner.

10.32.140 - Towing of illegally parked vehicles.

A. The chief of the police department, or such sergeants or other officers of higher rank in the police department as the police chief may from time to time designate, is authorized to remove to some convenient place, through the agency or a person or persons in the employ of the police department, or by an independent contractor selected in accordance with law on the basis of competitive bids, any vehicle parked or standing on any part of any public way under the control of the city in such a manner as to impede in any way the removal or plowing of snow or ice or in violation of sections 5.08.040, 10.08.030, 10.28.010, 10.32.010, 10.32.09010.32.120, 10.36.030, 10.36.090, 10.36.190 and 10.36.310. Vehicles owned by the commonwealth or a political subdivision thereof or by the United States or any instrumentality thereof or registered by a member of a foreign diplomatic corps or by a foreign consular officer who is not a citizen of the United States and bearing a distinctive number plate or otherwise conspicuously marked as so owned or registered, shall not, however, be subject to such removal. B. The owner of the vehicle so removed shall be liable for the reasonable cost of such removal, and for the storage charges, if any, resulting therefrom; provided, however, that the liability so imposed for removal and storage shall not exceed the allowable rates for the towing and storage of motor vehicles as established by the Massachusetts Department of Public Utilities.

10.32.150 - Bus stops, taxicab stands, service zones and loading spaces.
Nothing contained in this chapter shall be construed to prohibit the proper officials of the city from making provisions for bus stops, taxicab stands, service zones and loading spaces as authorized by other sections of this title on any streets or portions of streets which have been or may hereafter be designated herein as parking meter zones.

Proposed Ordinances (In Numerical Order): 10.08.030 - Temporary parking prohibitionsSnow removal.

A. Police officers and authorized agents may prohibit, temporarily, parking on any street or highway, or part thereof, in an impending or existing emergency, or for a lawful assemblage, demonstration or procession; provided, that there is reasonable justification for such prohibition. Vehicles parked in places where parking is prohibited temporarily may be moved by or under the direction of an officer or authorized agent. B. Police officers and authorized agents may prohibit parking on any street, except those streets on which alternate side parking is allowed, when requested to do so by the director of the department of engineering or the superintendent of streets, for the purpose of removing or plowing snow and ice. C. Liability for the cost of such removal and of the storage charges, if any, resulting therefore shall be imposed upon the owner of such vehicle. 10.08.040 - Regulation of parking in municipal parking spaces. Police officers and authorized agents may regulate parking in any municipal parking space and may require drivers of vehicles to park such vehicles as directed, or to move them when necessary, or if parked in such a manner as to interfere with the parking of other vehicles. 10.08.120 - Immobilization of vehicles by mechanical device for failure to pay parking tickets. A. The chief of the police department, or such sergeants or other officers of higher rank in the police department, or a police officer under the direction of a sergeant or other officer of higher rank or authorized agent, upon notification from the parking clerk, is authorized to immobilize by mechanical device any vehicle which is eligible for immobilization in accordance with the provisions of Chapter 90, section 20A of the General Laws. B. Once a vehicle has been immobilized by a mechanical device, it shall not be released until all parking tickets have been paid along with a $25.00 fee for the removal of the mechanical device. C. Any vehicle which has been immobilized by mechanical device on a public way or a way to which the public has a right of access as licensees or invitees for a period of time exceeding 24 hours shall be removed to

some convenient place and impounded. A vehicle so removed shall not be released until payment has been made for the cost of removal, storage charges, unpaid parking tickets and the fee for removing the mechanical device. (Prior code 19-17A) 10.32.010 - Parking prohibited in specified areas. A. No person shall stand or park, and no person shall allow, permit or suffer any vehicle registered in his or her name to stand or park, in any of the following places: 1. Within an intersection, except where the installation of parking meters has been specifically approved by the department of public works of the commonwealth; 2. Upon any sidewalk or crosswalk; 3. Upon the roadway in a rural or sparsely settled district; 4. Upon the roadway in a business or residential district 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 where angle parking is required and except on one-way streets where vehicles shall be parked in the direction in which the vehicle was moving and with both wheels on the side of the vehicle adjacent to the curb within 12 inches of the curb or edge of the roadway; 5. Upon any roadway where the parking of a vehicle will not leave a clear and unobstructed lane at least ten feet wide for passing traffic; 6. Upon any street or highway within ten feet of a fire hydrant; 7. Upon or in front of any private road or driveway without the consent of the owner of such private road or driveway; 8. Upon any street or highway within 20 feet of an intersecting way; 9.

Within 25 feet of the driveway entrance to any fire station and on a side of the street opposite the driveway entrance to any fire station within 75 feet of such driveway entrance, provided official signs are erected and maintained bearing the words "Fire Zone No Parking"; 10. Unattended in any street or highway, in a traveled lane in a manner as to obstruct the normal flow of traffic; 11. No vehicle shall be parked with the left side of such vehicle next to the curb, except that the left side of a vehicle may be parked next to the left curb on one-way streets 12. Upon any street,, highway, municipal parking lot or on any city right of way where signs or marking prohibit parking. 13. In a parking meter space that has been reserved by signs or other official means. B. Vehicles parked in violation of this section shall be subject to being towed in accordance with the provisions of section 10.32.140 as well as subject to punishment by fine. (Prior code 19-61)

10.32.050 - Parking within municipal parking lot. All motor vehicles parked within municipally-owned parking lots and garages shall be parked within the parking spaces marked by white lines upon the surface of such parking lot for the proper parking of vehicles. No vehicles shall be parked in the traffic lanes between the spaces designated and marked for parking or in any other location within the parking lot in such manner as to impede the flow of traffic, nor in such manner as to impede or block the movement of any other vehicle which is properly parked within a marked parking space. (Prior code 19-65) 10.32.060 Meter Violation and Time period for street parking restricted. A. It shall be unlawful for any vehicle to be placed or remain parked in any metered parking space beyond the time period allowed by the deposit of legal tender or an approved device. The parking meter shall indicate expiration of time and, in that event, such vehicle shall be considered parked
Comment [bs1]:

overtime and a citation may be issued. A subsequent citation may be issued for each violation of the time limits provided on the legend of the meter. It shall not constitute a defense to prosecution for violation of this section that, at the time the vehicle was parked, the meter registered unexpired time. Legal parking time is that amount of time afforded by the deposit of legal tender or approved devices. B. It shall be unlawful for any person to cause, allow, permit or suffer any vehicle to be parked overtime or beyond the period of legal parking time, and any vehicle in any parking zone or parking meter zone longer than the time limit fixed for such zone by sign or ordinance shall be considered to be illegally parked. C. It shall be unlawful to relocate a vehicle from one parking space within the same parking zone or to relocate a vehicle temporarily from the same parking space unless the vehicle has left the parking zone or parking meter zone for an amount of time equal to or greater than the legal time limit for parking fixed for such zone. D. It shall be unlawful to roll the tires of a vehicle to remove or obscure or attempt to remove or obscure the markings made by parking enforcement personnel prior to removing the vehicle from the parking zone or parking meter zone. E. It is unlawful for the driver or owner of any vehicle, except in case of an emergency, to park or permit such vehicle to remain unemployed on any street for a period of more than 36 hours. If any vehicle shall be parked on any street for a longer period of time, the police or authorized agent shall be authorized to remove such vehicle or cause its removal to a suitable place at the expense of the owner, to be held there until called for by the owner. (Ord. dated 5/2/95; prior code 19-77)

10.32.140 - Towing of illegally parked vehicles. A. The chief of the police department, or such sergeants or other officers of higher rank in the police department as the police chief may from time to

time designate or authorized agents, are is authorized to remove to some convenient place, through the agency or a person or persons in the employ of the police department, or by an independent contractor selected in accordance with law on the basis of competitive bids, any vehicle parked or standing on any part of any public way under the control of the city in such a manner as to impede in any way the removal or plowing of snow or ice or in violation of sections 5.08.040, 10.08.030, 10.28.010, 10.32.010, 10.32.09010.32.120, 10.36.030, 10.36.090, 10.36.190 and 10.36.310. Vehicles owned by the commonwealth or a political subdivision thereof or by the United States or any instrumentality thereof or registered by a member of a foreign diplomatic corps or by a foreign consular officer who is not a citizen of the United States and bearing a distinctive number plate or otherwise conspicuously marked as so owned or registered, shall not, however, be subject to such removal. B. The owner of the vehicle so removed shall be liable for the reasonable cost of such removal, and for the storage charges, if any, resulting therefrom; provided, however, that the liability so imposed for removal and storage shall not exceed the allowable rates for the towing and storage of motor vehicles as established by the Massachusetts Department of Public Utilities. (Prior code 19-73) 10.32.150 - Bus stops, taxicab stands, service zones, parking meter zones and loading spaces. Nothing contained in this chapter shall be construed to prohibit the proper officials of the city from making provisions for bus stops, taxicab stands, service zones and loading spaces as authorized by other sections of this title on any streets or portions of streets which have been or may hereafter be designated herein as parking meter zones. Office of the City Attorney June 13, 2011