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(A) It shall be the duty of every Police Officer, and every person assigned such responsibility, who takes cognizance of a violation of any provision of any rule, regulation, order, ordinance or by-law regulating the parking of motor vehicles in the city forthwith to give the offender a notice to appear before the Parking Clerk, during regular Office hours, not later than 21 days after the date of the violation.
(B) The notice to appear shall be in tag form, as prescribed by M.G.L. Chapter 90, Section 20A½.
(C) The Parking Clerk shall distribute such violation notices to the Police Commissioner and Traffic and Parking Commissioner and other authorized enforcement officials upon request, and shall take a receipt therefor.
(D) Notice affixed to a motor vehicle as provided in M.G.L. Chapter 90, Section 20A½ shall be deemed a sufficient notice and shall be deemed prima facie evidence thereof and shall be admissible in any judicial or administrative proceedings of the Office of the Parking Clerk as to the facts contained therein.
(E) At or before the completion of each tour of duty, the Officer shall give to his or her commanding Officer copies of each notice of violation issued during such tour. The Commanding Officer shall retain and safely preserve one copy of each violation notice and shall at a time no later than the beginning of the next business day, deliver a copy of the notice to the Office of the Parking Clerk. The Parking Clerk shall maintain a docket of all such notices to appear.
(CBC 1985 6-6.2; Ord. 1982 c. 14)
Editor’s note:
The powers and duties of the Traffic and Parking Commission, the Traffic and Parking Commissioner and the Traffic and Parking Department were assumed by the Transportation Commission, the Transportation Commissioner and the Transportation Department respectively under the provisions of s. 20 of Ch. 608 of the Acts of 1986.
(A) The fine for parking a vehicle in violation of any posted prohibition against stopping or standing of motor vehicles shall be $90 for each such violation. A penalty of $25 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(B) The fine for parking a vehicle in violation of the prohibition against parking in excess of one vehicle width from the curb or edge of a roadway (double parking) within “Zone A”, as defined by the Boston Transportation Commission, shall be $55 for each such violation. A penalty of $15 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(C) The fine for parking a vehicle in violation of the prohibition against parking on the roadway side of any vehicle stopped or parked at the curb or edge of a roadway (double parking) within “Zone B”, as defined by the Boston Transportation Commission, shall be $35 for each such violation. A penalty of $10 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(D) The fine for parking a vehicle in violation of the prohibition against parking within an intersection, or upon any street or roadway within 20 feet of an intersecting way, except alleys, shall be forty $40 for each such violation. A penalty of $13 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(E) The fine for parking a vehicle in violation of the prohibition against parking within 10 feet of a fire hydrant shall be $100 for each violation. A penalty of $33 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(F) The fine for parking a vehicle in violation of the prohibition against parking within Residential Parking Districts, unless said vehicle displays in the rear window a valid and current sticker as issued by the Transportation Department for the district in which the vehicle is parked, shall be $60 for each such violation. A penalty of $13 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(G) The fine for parking a vehicle in any public hackney carriage stand shall be $50 for each such violation. A penalty of $16 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(H) The fine for parking a vehicle in violation of the prohibition against parking upon any roadway where the parking of the vehicle will not leave a clear and unobstructed lane at least 10 feet wide for passing traffic (fire lane) shall be $100 for each such violation. A penalty of $33 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(I) The fine for parking a vehicle in violation of the prohibition against parking upon any sidewalk shall be $65 for each such violation. A penalty of $21 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(J) The fine for parking a vehicle in violation of the prohibition against parking upon any crosswalk shall be $85 for each such violation. A penalty of $28 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(K) The fine for parking a vehicle in front of any pedestrian sidewalk ramp shall be $100 for each such violation. A penalty of $33 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(L) The fine for parking a vehicle not bearing distinctive license plates as issued by the Registry of Motor Vehicles to handicapped persons or disabled veterans on any street or part thereof where signs are erected reserving the space of HP or DV plate vehicles shall be $120 for each such fine. A penalty of $40 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(M) The fine for parking a vehicle in violation of the prohibition against parking in a loading zone shall be $90 for each such violation. A penalty of $18 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(N) Unless otherwise specified in this Subsection, the fine for parking a vehicle in violation of the prohibition against parking of motor vehicles within “Zone A”, as defined by the Transportation Commission, shall be $90 for each such violation. A penalty of $18 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(O) The fine for parking a vehicle in violation of any posted prohibition against parking of motor vehicles during hours designated for street cleaning shall be $40 for each such violation. A penalty of $13 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(P) The fine for parking a vehicle in a metered space during the hours when the parking meter zone is effective and failing to immediately deposit the required fee in the amount indicated on said meter, and if so required, set the mechanism in motion, shall be $40. A penalty of $8 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(Q) The fine for parking a vehicle in violation of the prohibition against parking during a snow or weather emergency as declared by the Commissioner of Transportation shall be $45. A penalty of $15 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(R) The fine for stopping, standing or parking any vehicle other than a bus in an area designated as a bus stop shall be $55. A penalty of $18 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(S) The fine for parking or standing any vehicle bearing commercial vehicle number plates, or any semi-trailer, having a capacity of 1 ton or over, for more than one hour between 9:00 p.m. of one day and 8:00 a.m. of the following day, or any time on Sunday, on any part of any street, way, highway, road or parkway under the control of the city, where parking or standing a vehicle is not otherwise prohibited shall be $65. A penalty of $21 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(T) The fine for parking a vehicle in excess of 12 inches from the edge of a curb or roadway shall be $35. A penalty of $11 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(U) The fine for stopping, standing or parking a vehicle in front of any driveway shall be $25. A penalty of $8 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(V) The fine for stopping, standing or parking a vehicle adjacent to or upon any center division strip, street car reservation or island placed upon and being a part of any public way, unless the vehicle is entirely within a parking meter space or in a space otherwise provided, shall be $40. A penalty of $13 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(W) The fine for failing to park a vehicle wholly within a parking meter space shall be $25. At the drive-in stall of either a single or a dual parking meter, the fine for failing to park a vehicle with the right front bumper perpendicular to the meter post shall be $25. At the back-in stall of a dual parking meter, the fine for failing to park a vehicle with the right rear bumper perpendicular to the meter post shall be $25. A penalty of $8 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(X) The fine for permitting a vehicle, except a commercial vehicle, as defined by the Transportation Commission, to remain in a parking meter space beyond the maximum period of time allowed in the particular zone shall be $40. A penalty of $8 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(Y) The fine for parking a vehicle at a parking meter space where the meter device displays the statement “Not a Legal Space—Violation”, shall be $20. A penalty of $6 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(Z) The fine for parking a vehicle continuously for any period of time exceeding the posted limit within “Zone A”, as defined by the Transportation Commission, shall be $40. A penalty of $8 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(AA) The fine for parking a vehicle not bearing a valid registration plate(s) as required under M.G.L. Chapter 90, on any street, way, highway, road or parkway under the control of the city shall be $40 for each such violation. A penalty of $13 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(BB) The fine for parking a vehicle bearing an expired registration as required under M.G.L. Chapter 90, on any street, way, highway, road or parkway under the control of the city shall be $40 for each such violation. A penalty of $13 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(CC) The fine for parking a vehicle not bearing a valid certificate of inspection as required under M.G.L. Chapter 90, on any street, way, highway, road or parkway under the control of the city shall be $40 for each such violation. A penalty of $13 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(DD) The fine for parking a vehicle bearing an expired certificate of inspection as required under M.G.L. Chapter 90, on any street, way, highway, road or parkway under the control of the city shall be $40 for each such violation. A penalty of $13 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(EE) The fine for parking a vehicle on any street, way, highway, road or parkway under the control of the city for the purpose of performing non-emergency repairs on said vehicle shall be $40 for each such violation.
NON-EMERGENCY REPAIRS shall mean the changing of any vehicle fluid and any other repair with the exception of minor safety related repairs that can be fully completed within 90 minutes, such as changing a flat tire, replacing a headlight or bulb or replacing a wiper blade. A penalty of $13 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(FF) The fine for parking any motor vehicle having a gross vehicle weight in excess of 12,000 pounds between the hours of 9:00 p.m. of one day and 8:00 a.m. of the following day or anytime on Sunday, on any part of any street, way, highway, road or parkway under the control of the city that is residential shall be $100. A penalty of $33 shall be assessed if the fine remains unpaid 21 days after the issuance of a notice of such violation.
(GG) The fine for parking a vehicle upon any street, highway, road or parkway under the control of the city where such vehicle possesses an unauthorized and/or revoked city Resident Parking Permit shall be $100 for each such violation. A penalty of $33 shall be assessed if the fine remains unpaid 21 days after the issuance of a notice of such violation.
(HH) The fine for parking a vehicle in violation of the prohibition against parking of motor vehicles within “Zone B”, as defined by the Transportation Commissioner, shall be $55 for each such violation. A penalty of $8 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(II) The fine for parking a vehicle continuously for any period of time exceeding the posted limit within “Zone B”, as defined by the Transportation Commissioner, shall be $40 for each such violation. A penalty of $8 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(JJ) Notwithstanding division (F) above, the fine for parking a vehicle in the Fenway/Kenmore Residential Parking District during Fenway Park Events, unless said vehicle displays in the rear window a valid and current sticker as issued by the Transportation Department for the Fenway/Kenmore Residential Parking District, shall be $100 for each violation. A penalty of $33 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(KK) FENWAY PARK EVENTS means any Major League Baseball game played at Fenway Park, including two hours before the scheduled game time and two hours after the conclusion of the game. Exclusively for the purposes of division (JJ) above, the Transportation Commissioner may designate additional uses of Fenway Park as FENWAY PARK EVENTS including, but not limited to, athletic events, concerts and other special events.
(LL) (1) The fine for parking a vehicle in violation of any posted prohibition against parking of motor vehicles during hours designated for street cleaning within one or more neighborhoods or zones, as defined by the Transportation Commissioner, shall be $90 for each such violation. A penalty of $30 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(2) A request to implement the fine in a neighborhood or zone shall be initiated by a petition to the Commissioner of Public Works, who shall notify the City Council, the Transportation Commissioner and the Office of Neighborhood Services of the request. The Boston City Council may schedule a hearing on the request. The Transportation Commissioner shall act on the request no earlier than 30 days after receipt of such notification or, in the event of a hearing, no earlier than 30 days after the hearing. If granting the request, the Transportation Commissioner shall implement the fine as soon as feasible after said 30-day period.
(MM) The fine for parking a vehicle in violation of any posted prohibition against parking of motor vehicles during hours designated for street cleaning within one or more “Pilot Zone(s)” as defined by the Transportation Commissioner, shall be $90 for each such violation. A penalty of $30 shall be assessed if the fine remains unpaid 21 days after issuance of a notice of such violation.
(NN) The fine for parking a vehicle in violation of any posted prohibition against parking of motor vehicles during hours designated for street cleaning that are between the hours of 12:01 a.m. and 7:00 a.m. shall be $90.
(Ord. 1983 c. 20 § 2; Ord. 1985 c. 4 § 79; CBC 1985 6-6.3; Ord. 1990 c. 5, Ch. 10 §§ 2, 3; Ord. 1993 c. 1; Ord. 1993 c. 6; Ord. 1998 c. 6 §§ 1, 3; Ord. 2002 c. 2; Ord. 2002 c. 4; Ord. 2002 c. 5; Ord. 2003 c. 12; Ord. 2003 c. 13; Ord. 2003 c. 14; Ord. 2003 c. 15; Ord. 2005 c. 6; Ord. 2005 c. 9; Ord. 2007 c. 8; Ord. 2008 c. 5; Ord. 2010 c. 4; Ord. 2015 c. 2 § 1; Ord. 2015 c. 4 § 1; Ord. 2015 c. 13 § 1; Ord. 2016 c. 5 § 1; Ord. 2018 c. 4 §§ 1 through 8)
(A) Any person receiving a violation notice may appear before the Parking Clerk, or his or her designee, and confess the offense charged, either personally, through an Agent duly authorized in writing, or by mailing to the Parking Clerk the notice accompanied by the fine provided therein. Payment by mail shall be made only by postal note, money order or check made out to the Parking Clerk. Payment in person may be made by cash, postal order, money order or check made out to the Parking Clerk and in the case of payment made in cash the Parking Clerk shall issue a receipt therefor. Payment of a fine shall operate as a final disposition of the case.
(B) The Transportation Commission shall, from time to time, establish by rule or regulation a schedule of fines for violations of any provision of any rule, regulation, order, ordinance or by-law regulating parking in the city. All such fines shall be uniform for the same offense committed in the same zone. Increase in such fines from the $15 limit set by M.G.L. Chapter 90, Section 20A½ shall be established by ordinance.
(Ord. 1982 c. 14; CBC 1985 6-6.4)
Editor’s note:
The powers and duties of the Traffic and Parking Commission, the Traffic and Parking Commissioner and the Traffic and Parking Department were assumed by the Transportation Commission, the Transportation Commissioner and the Transportation Department respectively under the provisions of s. 20 of Ch. 608 of the Acts of 1986.
(A) If any person, fails to appear and pay the prescribed fine within 21 days, as required by M.G.L. Chapter 90, Section 20A½, or if such person having appeared, within 21 days, as required by Section 20A½ of Chapter 90, desires not to avail himself or herself of the benefits of the procedure established by this Section, the Parking Clerk shall, as prescribed by Section 20A½ of Chapter 90, forthwith schedule the matter before a person hereafter referred to as a Hearing Officer. The Hearing Officer shall be the Parking Clerk or other such person as the Parking Clerk may designate.
(B) Written notice of the date, time and place of the hearing shall be sent by first-class mail to the registered owner. The hearing, as prescribed by M.G.L. Chapter 90, Section 20A½, shall be informal, the rules of evidence shall not apply and the decision of the Hearing Officer shall be final, subject to judicial review under M.G.L. Chapter 30A, Section 14.
(C) The Hearing Officer shall have authority to only adjudicate disputes as to the validity of the parking violation notices issued for violations of the rules and regulations of the Boston Traffic and Parking Commission.
(D) Proceedings for review of the decision of the Parking Clerk shall be instituted in the Suffolk Superior Court within 30 days after receipt of notice of the final decision of the Parking Clerk or if a petition for rehearing has been timely filed with the Parking Clerk, within 30 days after receipt of notice of the Parking Clerk’s denial of such petition for rehearing. The commencement of an action shall not operate as a stay of enforcement of the Parking Clerk’s decision, but the Parking Clerk may stay enforcement, and the reviewing court may order a stay upon such terms as it considers proper as prescribed by M.G.L. Chapter 30A, Section 14. The city shall, by way of answer, file in court the original or a certified copy of the record of the proceeding under review.
(Ord. 1982 c. 14; CBC 1985 6-6.5)
Editor’s note:
The powers and duties of the Traffic and Parking Commission, the Traffic and Parking Commissioner and the Traffic and Parking Department were assumed by the Transportation Commission, the Transportation Commissioner and the Transportation Department respectively under the provisions of s. 20 of Ch. 608 of the Acts of 1986.
(A) If any person shall have failed to appear in accordance with five or more said notices, the Parking Clerk shall, as prescribed by M.G.L. Chapter 90, Section 20A½, notify the Police Commissioner or Commissioner of Traffic and Parking that the vehicle involved shall be removed and stored or otherwise immobilized at the expense of the registered owner until such time as the matter has been disposed of in accordance with law. A notice announcing such action shall be mailed to the registered owner by the Parking Clerk.
(B) No motor vehicle impounded pursuant to an arrest for OUI may be released prior to the passing of 12 hours following the arrest.
(C) (1) No motor vehicle impounded pursuant to an arrest for or an arrest related to manufacturing, compounding, processing, delivering, dispensing, distributing, importing or exporting of any controlled substance in violation of any provision of M.G.L. Chapters 94B, 94C, 94D, 94E, 94F, 94G or 94I or otherwise involving possession of a controlled substance, purchase of a controlled substance and/or distribution of a controlled substance may be released until:
(a) Forty-eight hours have passed from the time of the related arrest;
(b) A fine in the amount of $300 has been paid and evidence of payment is presented; and
(c) Seizure proceedings, if commenced, have been closed.
(2) All monies collected pursuant to this Section shall be dedicated and directed to drug treatment programs in the city and law enforcement programs targeting drug trafficking in the city.
(D) (1) No motor vehicle impounded pursuant to arrest for or an arrest related to solicitation (M.G.L. Chapter 272, Section 8), common nightwalker (M.G.L. Chapter 272, Section 53), prostitution (M.G.L. Chapter 272, Section 53 via Chapter 277, Section 79), support from prostitution (M.G.L. Chapter 272, Section 7), room/building for prostitution (M.G.L. Chapter 272, Section 9), enticing (M.G.L. Chapter 272, Section 2), control of place for prostitution (M.G.L. Chapter 272, Section 6) and/or keeping a house of ill fame (M.G.L. Chapter 272, Section 24), may be released until:
(a) Forty-eight hours have passed from the time of the related arrest;
(b) A fine in the amount of $300 has been paid and evidence of payment is presented;
(c) All fees related to the towing and storage of the impounded vehicle have been paid and evidence of payment is presented; and
(d) Seizure proceedings, if commenced, have been closed.
(2) All fine monies collected pursuant to this Section shall be dedicated to prostitute recovery programs in the city and law enforcement programs targeting solicitation in the city.
(Ord. 1982 c. 14; CBC 1985 6-6.6; Ord. 2002 c. 10; Ord. 2004 c. 7; Ord. 2004 c. 8)
Editor’s note:
The powers and duties of the Traffic and Parking Commission, the Traffic and Parking Commissioner and the Traffic and Parking Department were assumed by the Transportation Commission, the Transportation Commissioner and the Transportation Department respectively under the provisions of s. 20 of Ch. 608 of the Acts of 1986.
(A) If any person fails to appear in accordance with the notice of a hearing, the Parking Clerk shall notify the Registrar of Motor Vehicles who shall, as required by M.G.L. Chapter 90, Section 20A½, place the matter on record and not renew the license to operate motor vehicles of the registered owner of the vehicle or the registration of said vehicle until after notice from the Parking Clerk that the matter has been disposed of in accordance with law.
(B) It shall be the duty of the Parking Clerk to notify the registrar forthwith that such case has been disposed of in accordance with law; provided, however, that a certified receipt of full and final payment form the Parking Clerk shall also serve as
legal notice, as prescribed by M.G.L. Chapter 90, Section 20A½, to the registrar that said violations have been disposed of.
(Ord. 1982 c. 14; CBC 1985 6-6.7)
(A) Anything contained herein notwithstanding, if the registered owner of a motor vehicle involved in a parking violation subject to this Section is a person or entity engaged in the licensed taxicab business or the business of leasing motor vehicles, and such motor vehicle is under lease or being operated for hire at the time of such violation the procedures of this Subsection shall be applicable, and the registered owner shall be liable for any unpaid fines only upon compliance by the Parking Clerk as defined above with the procedures hereinafter set forth.
(B) The Parking Clerk shall give to the registered owner notice in writing of each violation in which a motor vehicle owned by such owner is involved, including the license number of the vehicle, state of issue and date and time of the violation.
(C) Within 30 days, the registered owner shall furnish to such Parking Clerk in writing the name and address of the lessee of such motor vehicle at the time of such violation and if the lessee is also the operator, the license number and state of issue of the license of such lessee.
(D) The Parking Clerk shall thereupon issue a notice of violation to such lessee in the form prescribed by this Section.
(E) If such lessee does not appear in person or by writing as otherwise provided in the ordinance or make payment within 21 days from the date on which such notice is issued, the Parking Clerk shall notify the registrar as provided by the provisions of M.G.L. Chapter 90, Section 20A and 20A½, and the Clerk of the Division of the District Court Department or Boston Municipal Court Department of the Trial Court having jurisdiction. Upon notification by the Parking Clerk, the Registrar shall suspend any license issued under this chapter or suspend the right to operate of a person not licensed in this commonwealth; and the Clerk of the District Court of the trial court having jurisdiction shall forthwith issue a criminal complaint against the lessee and thereafter proceed against such lessee following the procedures established for criminal cases.
(F) After notification of the Registrar and the Clerk of the District Court Department of the Trial Court having jurisdiction of nonpayment by the lessee within 21 days of the fine imposed by the city, the Parking Clerk shall notify by first-class mail, the registered owner of such nonpayment. The registered owner shall, within 30 days after receipt of such notice, pay the fine for such violation. If thereafter, any payment is received by the Parking Clerk from or on behalf of the lessee, the Parking Clerk shall forthwith reimburse to the registered owner the amount paid by such registered owner. If any payment is received by the court from or on the behalf of the lessee, the Clerk of the Division of the District Court Department or the Boston Municipal Court Department of the Trial Court having jurisdiction shall forward said payment to the Parking Clerk who shall forthwith reimburse to the registered owner the amount paid by such registered owner, if not previously reimbursed. The Registrar shall remove any suspension of license or right to operate upon the payment in full to the Parking Clerk of the fine and penalty for such violation by the lessee.
(G) The provisions of this Section shall be applicable to lessees of motor vehicles as provided herein.
(H) Any registered owner and Parking Clerk may by agreement upon such terms and conditions as they may deem appropriate provide for the transmission of the information hereinbefore referred to in divisions (B) and (C) above, on magnetic tape or in other computer readable format, in order to expedite completion of the foregoing procedures.
(Ord. 1982 c. 14; CBC 1985 6-6.8)
(A) The Parking Clerk shall have the authority to enter into such agreements and contracts with other cities, towns and government Agencies within the commonwealth as may be necessary or expedient to effectuate the collection of fines and adjudication of parking violation notices.
(B) Such agreements and contracts shall be subject to the approval of the Corporation Counsel and the Mayor.
(Ord. 1982 c. 14; CBC 1985 6-6.9)
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