Town of Palmer, MA - Ordinances Enforced by the Police Department

Chapter 152, STREETS AND SIDEWALKS

[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]

ARTICLE III, Snow Removal [Adopted 3-9-1970 ATM, Art. 28; amended in its entirety 5-14-2001 ATM, Art. 24]

§ 152-7. Required removal.

The owner or person having the care of real property abutting upon any street, land, court or square within the town where there is a sidewalk shall cause the snow to be removed therefrom within 24 hours after the end of any snowfall.

§ 152-8. Violations and penalties.

Any person violating the provisions of § 152-7 shall be fined $20 for each offense. Each day that such violation continues shall constitute a separate offense. This chapter may be enforceable through the provisions of MGL c. 40, § 21D.

Chapter 164, VEHICLES, UNREGISTERED

HISTORY: Adopted 11-22-1999 Special Town Meeting, Art. II. and amended in it entirety at RTCM 2/7/07. Amendments noted where applicable.

GENERAL REFERENCES:

Vehicles and traffic -- See Ch. 207.

§164-1. Purpose.

A. It is the intent of this ordinance to provide a mechanism for regulating, subject to reasonable and appropriate controls, certain types of activities having to do with the storage of unregistered vehicles within the Town of Palmer while at the same time protecting and preserving the residential atmosphere of the various neighborhoods of the town.

§164-2. Definitions.

FARM VEHICLES: Motor vehicles or trailers used exclusively and specifically by a farmer, as defined in Massachusetts General Laws, Chapter 90, Section 1.

GARAGE: A building, as defined in the Palmer Zoning Ordinances, designed and constructed for the storage of motor vehicles, for which a permit is required to erect or construct. For the purposes of this ordinance, the term “garage” does not include any structure whose exterior walls and/or roof are made of tarpaulin type material.

OPERATING CONDITION: Capable of being used in its existing condition for the purpose for which it was designed.

NOT IN OPERATING CONDITION: Not capable of being used as such in its existing condition by reason of being damaged or dismantled or failing to contain parts necessary for operation.

TRAILER: Any vehicle or object on wheels defined as such in M.G.L. c 90, §1.

VEHICLE: Any motor vehicle defined as such in M.G.L. c 90, §1, requiring registration pursuant to M.G.L. c 90, §2, to be operated on a public way.

VEHICLE COVER: A cover designed specifically for the purpose of covering motor vehicles or trailers. For purposes of this ordinance, a general-purpose tarpaulin shall not be considered a vehicle cover.

§164-3. Storage of one (1) unregistered motor vehicle or trailer or one (1) registered motor vehicle or trailer not in operation condition, permitted.

A. Any property owner, or any other person with the permission of the property owner, may store, or permit to be stored, one (1) unregistered motor vehicle or trailer, or one (1) registered motor vehicle or trailer not in operating condition, on said property owner's premises. Any motor vehicle or trailer or major parts thereof, whether registered or unregistered, stored pursuant to this section that are not in operating condition shall, if visible from any public street or way, or from any abutting property, be covered with a vehicle cover.

§164-4. Storage of more than one (1) unregistered vehicle or more than one (1) registered vehicle not in operating condition prohibited.

A. No property owner, or any other person, may store or permit to be stored more than one (1) unregistered motor vehicle or trailer or more than one (1) registered vehicle not in operating condition on said property owner's premises unless:

(1) The vehicles are stored in a garage, or;

(2) A permit to store more than one (1) unregistered vehicle or more than one (1) registered vehicle not in operating condition is granted by the Town Manager or his/her designee after a public hearing as described in §164-5 of this chapter, or;

(3) The property owner or person in control of the property holds a Class I or Class III License for the sale of motor vehicles or trailers issued pursuant to MGL, c 140, §57 to §69.

§164-5. Application to store more than one (1) unregistered vehicle or more than one (1) registered vehicle not in operating condition, Public hearing, and Board of Health report.

A. Any property owner, or other person with the permission of the property owner, seeking to store more than one (1) unregistered vehicle or more than one (1) registered vehicle not in operation condition un-garaged on the property owner’s premises must make application for said storage to the Town Manager’s Office. Upon receipt of an application to store unregistered vehicles or registered vehicles not in operating condition, the Town Manager or his/her designee shall hold a public hearing on the issue within forty-five (45) days of receipt of such application.

B. Authorization to store more than one (1) unregistered vehicle or more than one (1) registered vehicle not in operating condition shall be granted by the Town Manager or his/her designee only if, as a result of the public hearing, the Town Manager or his/her designee finds that no hazards to health or safety are involved and no unsightly conditions visible from public streets or ways, or abutting properties, exist or will be created by the storage of said vehicles.

C. Prior to any public hearing, the Board of Health will conduct an inspection and investigation of the property in question. The Board of Health shall submit a written report to the Town Manager’s Office describing any issues or concerns they have. This written report will be read at and become part of the record of the public hearing.

§164-6. Notice of Public Hearing Costs

A. Legal notice of any public hearing held pursuant to this section shall be given by:

(1) Posting a legal notice in a newspaper of general circulation at least seven (7) days prior to the date of the public hearing.

(2) Sending notification to all abutters, within three hundred (300) feet of any part of the storage property, via certified letter with a return receipt at least seven (7) days prior to the date of the public hearing. Said return receipts to be provided to the Town Manager or his/her designee at the time of the public hearing. Failure to provide return receipts may be grounds for disapproval of the application for storage.

B. Any and all costs associated with giving notice of the public hearing shall be borne by the applicant.

C. The Applicant is responsible to actually publish the notice and set it to all abutters as outlined in §164-6.A.(1) and (2).

§164-7. Exemptions.

A. This chapter shall not apply to:

(1) Motor Vehicles or trailers in operating condition, registered pursuant to MGL c 90 § 2

(2) Farm vehicles in operating condition.

(3) A single recreational vehicle or a single camping, boat or utility trailer in operating condition, which is being registered seasonally.

§164-8 Enforcing Authority.

A. This chapter may be enforced by the Police Department, the Zoning Enforcement Officer, or the Town Manager or his/her designee.

§164-9. Violations and penalties.

A. Criminal Complaint – Whoever violates any of the provisions of this chapter may be penalized by indictment or on complaint brought in the district court. Except as may otherwise be provided by law, and as the district court may see fit to impose, the maximum penalty for any violation of these provisions shall be three hundred dollars ($300) for each offense. Each day on which a violation exists shall be deemed to be a separate offense; or

B. Non-Criminal Disposition – Whoever violates any provision of this ordinance may be penalized by a non-criminal disposition as provided in Massachusetts General Laws, Chapter 40, § 21D and may be punished by a non-criminal fine of fifty dollars ($50) for the 1st offense, one hundred dollars ($100) for the 2nd offense, and two hundred dollars ($200) for the 3rd and subsequent offenses. Each day a violation continues shall constitute a separate offense.

§164-10. Existing unregistered vehicles.

A. Any property owner, or any other person with the permission of the property owner, who, at the time this ordinance takes effect, is in violation of any section(s) of this chapter shall have ninety (90) days to come into compliance.

§ 164-11. Severability.

In the event any section or provision of this ordinance is declared invalid or unconstitutional, the remaining sections and provisions shall remain in full force and effect.

Chapter 179, Garage/Tag Sales

[HISTORY: Originally adopted at Regular Town Council Meeting on December 6, 2006. Amendments noted where applicable.]

§ 179-1. Purpose.

It is the intent of this ordinance to provide a mechanism for regulating, subject to reasonable and appropriate controls, certain types of activities having to do with the sale of second-hand and other articles within the Town of Palmer while at the same time protecting and preserving the residential atmosphere of the various neighborhoods of the town.

§ 179-2. Definitions.

The term "garage/tag sale" includes without limitations, the terms "porch sale," "yard sale," "estate sale," "tag sale," "garage sale," and is any kind of out door sale offering old, new, used, second-hand or antique articles for sale regardless of price.

§ 179-3. Time and Duration of Sales.

A "garage/tag sale" shall be permitted on any one parcel or lot of property only six (6) times during any one calendar year period of time and at no time shall such sale have a duration of more than three (3) consecutive days. Garage/Tag sales, which occur on other than consecutive days, shall be deemed separate garage/tag sales.

§ 179-4. Items Offered for Free.

Immediately following the end of the garage/tag sale, items may be offered for free for two (2) days.

§ 179-5. Exceptions.

The Town Council may approve, at their discretion, Town-wide garage/tag sale days to encourage residents interested in holding garage/tag sales, to hold the garage/tag sales on the same days. Anyone who participates in such garage/tag sale days shall not be required to obtain a permit, as otherwise required by this ordinance, and participation in these events shall not be counted toward the limit of garage/tag sales authorized by this ordinance. Restrictions with regard to dangerous conditions and signs shall be applicable and enforceable.

§ 179-6. Display of Goods

No item will be placed on public property, including tree belts and sidewalks.

§ 179-7. Dangerous Conditions - Revocation of Permit.

The property owner must assume responsibility for parking. Automobiles or pedestrians may not be allowed to impede traffic. If traffic on any road is impeded or a dangerous condition develops on any road in the opinion of the Palmer Police Department, the Police Department may revoke the permit forthwith and close the sale for the balance of that day. Refusal to close the sale shall be a violation of this ordinance.

§ 179-8. Procedure: Application for Permit.

Any person, entity, organization or corporation intending to conduct a "garage/tag sale", shall make application for a permit number to conduct such activity at the Office of the Town Manager not less than one (1) business day prior to the date of the proposed garage/tag sale. If such an application is granted by the Town Manager or his/her designee, a permit number shall be issued. Permit numbers must be posted on the premises of the garage/tag sale in a conspicuous place, visible from the road.

§ 179-9. Signs.

A. Signs can be placed on private property as long as the property owner consents, but must be placed in locations where they will not create a safety hazard. Signs can be placed on public property, as permitted by the Town Manager under Chapter 171, §171-94.B.(20), but excludes, without limitations, curbside trees, streetlights, telephone poles, public signage, public mail boxes, and intersections.

B. A sign may be displayed for two days before the sale and during the sale on the property of the residence where the "garage/tag sale" is being conducted.

C. No more than four (4) signs may be placed off site of the location of the "garage/tag sale".

D. No sign may be larger than 24" x 24" or four (4) square feet and no higher than three (3) feet to the top of the sign.

E. Each sign must contain the permit number issued to the applicant.

F. All signs must be removed immediately at the close of the sale. If signs are left after the sale, a violation occurs.

§ 179-10. Fees.

There shall be no fee assessed for the permit pursuant to this ordinance.

§ 179-11. Enforcement.

The responsibility for enforcement of this ordinance falls under the jurisdiction of the Police Department, Building Inspector, Town Manager or any designee of the Town Manager, any of whom shall have the following options:

A. Criminal Complaint: Whoever violates any provision of this ordinance may be penalized by a complaint brought in the district court. Except as otherwise provided by law and as the district court may see fit to impose, the maximum penalty for each violation, or offense, brought in this manner, shall be three hundred dollars ($300.00). Each day a violation continues shall constitute a separate offense; or

B. Non-criminal disposition - Whoever violates any provision of this ordinance may be penalized by a non-criminal disposition as provided in Massachusetts General Laws, Chapter 40, § 21D and may be punished by a non-criminal fine of fifty dollars ($50.00) for the 1st offense, seventy-five dollars ($75.00) for the 2nd offense, and one hundred dollars ($100.00) for the 3rd offense. Each day a violation continues shall constitute a separate offense.

§ 179-12. Severability

In the event any section or provision of this ordinance is declared invalid or unconstitutional, the remaining sections and provisions shall remain in full force and effect.

Effective Date: January 3, 2007

Chapter 207, VEHICLES AND TRAFFIC

[HISTORY: Adopted by the Board of Selectmen 11-24-1970.EN Amendments noted where applicable.]

ARTICLE V, Parking

§ 207-20. All-night parking prohibited

It shall be unlawful for the driver of any vehicle, other than one acting in an emergency, to park said vehicle on any street or any municipal off-street area for a period of time longer than one hour between the hours of 1:00 a.m. and 6:00 a.m. from December 1 of one year to March 31 of the next year.