Non-lawyer here, can't figure out how Somerville gets away with $100+ parking fines

[sparr0.livejournal.com]

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section20A and https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter90/Section20A1~2 appear to be the two options a MA city has when instituting regulations by way of a traffic commission and parking clerk. They differ slightly. One allows mailing of tickets, establishes default fine amounts if a city passes none, and has a $25 ticket limit ($100 for bus stops), the other a $50 ticket limit ($100 for bus stops and fire hydrants). One has some extra requirements specific to Boston and Cambridge.

So, how is it that the Somerville Traffic Commission has multiple $100 and $200 fines on their books?

(EDIT: I've struck out the fines that comments below have found legal justification for)

Bus Stop $100 90 MGL 20A / 90 MGL 20A 1/2
Obstructing Posted Fire Lane $100 89 MGL 7A
Obstructing Handicap Ramp $200 40 MGL 22A
Within 10 ft. of Hydrant $100 90 MGL 20A 1/2 only, does not apply to cities that mail tickets to people
Handicapped Parking $200 40 MGL 22A
Declared Snow Emergency:
Tow Zone/Obstructing Snow Plow $100
Within 10 ft. of Hydrant/Designated Fire Lane $100 covered above
Within 20 ft. of an Intersection $100

(and this is assuming they never mail parking tickets to people, which would make the list of problematic ticket amounts much longer)

I expect that there are further statutes allowing some of these, specifically. I would not be surprised to find a state statute allowing exorbitant fines for handicapped parking violations. However, I can't find any of them. Help?

Comments

[keithn.livejournal.com]

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter89/Section7A

"No person shall drive a vehicle within three hundred feet of any fire apparatus going to a fire or responding to an alarm, nor drive said vehicle, or park or leave the same unattended, within eight hundred feet of a fire or within the fire lanes established by the fire department,"

...

Violation of any provision of this section shall be punished by a fine of not more than one hundred dollars.

Thanks

[sparr0.livejournal.com]

One down. 7 to go. (assuming Somerville doesn't mail out tickets)

[keithn.livejournal.com]

Here's bus stops: https://malegislature.gov/Laws/SessionLaws/Acts/2008/Chapter465

I'm sure these are all covered, and it's not really hard to find these laws. This was literally the first result for searching for "bus stop".

[unferth.livejournal.com]

I am not a lawyer, but I found a few other sources of statutory authority.

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40/Section22A covers handicapped parking violations - "not less than $100 nor more than $300 ".
https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40/Section22D seems to cover both snow removal and general violations:

"any vehicle parked or standing on any part of any way under the control of the municipality in such a manner as to [...] impede in any way the removal or plowing of snow or ice or in violation of any rule or regulation which prohibits the parking or standing of all vehicles on such ways or portions thereof at such time [...] whoever violates it shall be liable to charges for the removal and storage of the vehicles as well as subject to punishment by fine."

There's a degree of redundancy - in my opinion, Chapter 40 needs a good editor.

[sparr0.livejournal.com]

Thanks. I expected the handicap fine but couldn't find it myself. The snow removal still doesn't appear to cover a specific fine, so it would still fall under the limits in chapter 90

[sparr0.livejournal.com]

40 22D allows for "fines" but doesn't specify how much, which would leave 90 20A or 90 20A1/2 setting the limit for snow plowing infractions.

[pzykotic.livejournal.com]

The best part is if you get a ticket (parking or otherwise) that you feel is bullshit, you have the privilege of paying $25 to "appeal" it, which is really just waiting in line at the district court and having a magistrate refuse to do anything but MAYBE reduce the fine. Oh, you're unhappy with that result and you want to see a judge and the actual ticket writer? $50 more, please. Robbery.

[boblothrope.livejournal.com]

That's the procedure for traffic tickets, not parking.

For parking, the city hearing officer is your only avenue of appeal. The law doesn't authorize an appeal fee (but that doesn't stop Arlington from charging $5).

If you don't like the decision, the only recourse is suing the city, and the filing fee for that is more than the cost of the ticket.

[pzykotic.livejournal.com]

Ah yes, you're absolutely right. Both avenues are still highway robbery!

[thetathx1138.livejournal.com]

Traffic court should not have fees, absolutely. The problem is, when it doesn't, assholes who break the law try to use being as annoying as possible to "game" the system. I still think the solution is to keep raising the stakes; like, the further up the line you take a ticket, the more costly paying that ticket will get.

[lomagna.livejournal.com]

I got a Somerville ticket for being within 20 ft. of an intersection and I'm pretty sure it was no more than $50. This was about a year ago.

[pywaket.livejournal.com]

Something that I've never quite understood is how the city can require someone to have a permit to park in front of their own house.

If you read Title 7, Chapter 40, Section 21, Paragraph 21, it looks like they can't:

"(21) For prohibiting or regulating the parking of any motor vehicle in front of any dwelling house except by the occupants of said dwelling house, provided that notice of said prohibition or regulation is given by the use of portable or permanent signs."

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVII/Chapter40/Section21

Anyone have any insight into this?

[grapefruiteater.livejournal.com]

Lowell issues a permit that allows you to reserve the space in front of your house. You have to apply for the permit and renew it annually, and it is a little sign that you stick in your front window or on your fence or what have you.

There's been some debate about the permits recently. Lowell is not as uniformly dense as Somerville, and most of the city is not resident-permit parking (just a few neighborhoods that border UMass, as far as I know). People have argued, for example, that houses with driveways shouldn't be eligible for the permit, or that it should be restricted to certain neighborhoods where parking is a problem (areas like Back Central, which borders downtown and is Somerville dense with tiny one-way streets and few driveways, but not Belvidere, let's say, where you might have a carriage house in back of your 19th-century mill-owner mansion).

I'm not the biggest fan of the permits—I think they make a neighborhood seem unwelcoming—but I doubt they're going anywhere, since they're VERY popular.

[boblothrope.livejournal.com]

I've seen those signs on buildings in Lowell. They were so different from how parking signs and rules usually work that I was convinced they weren't legitimate. But I guess they are: http://ecode360.com/8185360

In Back Central, you can only get one if you don't have off-street parking. That restriction doesn't exist in other neighborhoods.

Multi-unit buildings only get one reserved space. How does that work? And the law doesn't mention stickers. Is it enforced only when a resident complains?

Lowell also has traditional resident permit parking in some neighborhoods.

[hubidajubidaba.livejournal.com]

I wonder if those permits pre-date driveways.

[sparr0.livejournal.com]

There is a difference in what the city council is allowed to do and what the traffic commission is allowed to do. Chapter 40 is about the city council. Chapter 90 Section 20 is about the traffic commission.

[hubidajubidaba.livejournal.com]

Just because you own your house doesn't mean you own the bit of street in front of it. It's public property, why should you have special claim to it?

[ethanfield.livejournal.com]

The general rule is that violations that are not merely inconvenient (e.g. street sweeping) but which threaten public safety (e.g. fire hydrant) carry the steepest fines.

About 6 years ago the City got really aggressive about the "within 20 feet of an intersection" law, after there was a fire in Magoun Square, but the fire truck couldn't round the corners to get into the area because the corners were all parked up.

[hubidajubidaba.livejournal.com]

Really? I know there's strong language on their website about enforcing "within 20ft of an intersection", but as far as I can tell it's completely unenforced in Spring Hill.

I suppose I could complain, but...meh.

[pierceheart.livejournal.com]

I'd just appreciate it if the city would mark the 20 foot zones.

[rethcir.livejournal.com]

The proper legal text is in actually in Massachusetts General Law 1:

"Fuck you, pay me."

[thetathx1138.livejournal.com]

I'm pretty sure obstructing a handicapped ramp is actually something under the ADA, but IANAL.

[boblothrope.livejournal.com]

The ADA doesn't determine local parking fines.

[unferth.livejournal.com]

Chapter 40, Section 22A covers handicapped ramps as well as reserved spaces.

"Any city or town acting under this section shall further regulate the parking of vehicles [...] by prohibiting the parking or standing of any vehicles in such a manner as to obstruct any curb ramp designed for use by handicapped persons.
[...]
Any such ordinance, by-law, order, rule or regulation promulgated pursuant to this paragraph shall contain a penalty of not less than $100 nor more than $300[.]"

[dawn quirk (from livejournal.com)]

Great to see this question. I think the Parking Office needs to be stopped. Would love to see that! $100 is someone's food budget for as much as two weeks. It's insane that they charge so much. Ya we have some wealthy people but what about those on fixed incomes and who make minimum wage. These outrageous fines are not right.