TRAFFIC RULES AND ORDERS
At
a meeting of the Board of Selectmen held in Cummington, on
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.
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) “
(j) “Person”. The word “person” shall mean and
include any individual, firm, co-partnership, association or corporation.
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.
TRAFFIC SIGNS,
SIGNALS, MARKINGS AND ZONES
It
shall be unlawful for any person to willfully deface, injure, move, obstruct or
interfere with any official sign, signal or marking.
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.
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.
BRIDGE 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
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.).
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
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.
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
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.