HOUSE DOCKET, NO. 2865        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2986

The Commonwealth of Massachusetts

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PRESENTED BY:

Robert F. Fennell

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to parking systems.

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PETITION OF:

HOUSE DOCKET, NO. 2865        FILED ON: 1/16/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2986

The Commonwealth of Massachusetts

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In the One Hundred and Eighty-Ninth General Court
(2015-2016)

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An Act relative to parking systems.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 1 of chapter 90 of the General Laws, as so appearing in the 2012 Official Edition, is hereby amended by inserting after the definition of “School pupil” the following definition:-

"Self-enforcing parking system", equipment that takes a film or digital camera-based photograph which is linked with a violation detection system that synchronizes the taking of a photograph with the occurrence of a parking infraction.

SECTION 2.  Section 20A of chapter 90, as so appearing, is hereby amended by striking out, in line 23, the word “Said” and inserting in place thereof the following:-

Any notice of violation may be served through written notice or through use of a self-enforcing parking system, as determined by each city or town. Written

SECTION 3.  Section 20A of chapter 90, as so appearing, is hereby amended by inserting after the fourth paragraph the following two paragraphs:-

A city or town may utilize a self-enforcing parking system to detect parking infractions in lieu of or in conjunction with written notice.  Violations detected by a self-enforcing parking system shall constitute parking violations.  In any city or town where the governing body has authorized the installation and use of a self-enforcing parking system, a law enforcement official or a designee of such city or town shall reviewed the recorded images produced by the system  and shall determine whether there is sufficient evidence to conclude that a parking violation has occurred.  Within 5 days from the date on which the violation occurred, the law enforcement official reviewing the violation shall issue notice of the violation.  For each violation of applicable municipal, city or town parking laws or regulations, a violation notice shall be sent to the registered owner of the vehicle in violation.  The notice shall include the registration number of the vehicle, the state of issuance of such registration, the date, time and place of the violation, a copy of the recorded image and a signed statement by the technician inspecting the image.  The notice may be based, in whole or in part, upon inspection of any photographic or other recorded image of a vehicle and the written certification by a municipal or state police officer or other person employed by or under contract with the city or town or its self-enforcing parking system contractor that it is so based shall be prima facie evidence of the facts contained therein and shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such violation.  Each city or town may determine acceptable methods of payment when utilizing a self-enforcing parking system.

Each city or town shall maintain the confidentiality of all information including, but not limited to, photographs or other recorded images and credit and account data collected through the use of a self-enforcing parking system. Such information shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66 and shall be used for enforcement purposes only with respect to parking violation regulations. A violator may, upon written request to the department, have access to all information pertaining solely to the violation.

SECTION 4.  Section 20A1/2 of chapter 90, as so appearing, is hereby amended by inserting, in line 20, after the word “clerk” the following:-

; provided, however, that said administrative cost limitations shall not apply to the administration of a self-enforcing parking system

SECTION 5.  Section 20A1/2 of chapter 90, as so appearing, is hereby amended by inserting at the beginning of the second paragraph in line 21 the following sentence:-

Any notice of violation may be served through written notice or through use of a self-enforcing parking system, as determined by each city or town.

SECTION 6.  Section 20A1/2 of chapter 90, as so appearing, is hereby amended by inserting in line 24 after the word “notice” the following:-

, in the absence of use of a self-enforcing parking system

SECTION 7.  Section 20A1/2 of chapter 90, as so appearing, is hereby amended by inserting after the fourth paragraph the following two paragraphs:-

A city or town may utilize a self-enforcing parking system to detect parking infractions in lieu of or in conjunction with written notice.  Violations detected by a self-enforcing parking system shall constitute parking violations.  In any city or town where the governing body has authorized the installation and use of a self-enforcing parking system, a law enforcement official or a designee of such city or town shall reviewed the recorded images produced by the system  and shall determine whether there is sufficient evidence to conclude that a parking violation has occurred.  Within 5 days from the date on which the violation occurred, the law enforcement official reviewing the violation shall issue notice of the violation.  For each violation of applicable municipal, city or town parking laws or regulations, a violation notice shall be sent to the registered owner of the vehicle in violation.  The notice shall include the registration number of the vehicle, the state of issuance of such registration, the date, time and place of the violation, a copy of the recorded image and a signed statement by the technician inspecting the image.  The notice may be based, in whole or in part, upon inspection of any photographic or other recorded image of a vehicle and the written certification by a municipal or state police officer or other person employed by or under contract with the city or town or its self-enforcing parking system contractor that it is so based shall be prima facie evidence of the facts contained therein and shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such violation.  Each city or town may determine acceptable methods of payment when utilizing a self-enforcing parking system.

Each city or town shall maintain the confidentiality of all information including, but not limited to, photographs or other recorded images and credit and account data collected through the use of a self-enforcing parking system. Such information shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66 and shall be used for enforcement purposes only with respect to parking violation regulations. A violator may, upon written request to the department, have access to all information pertaining solely to the violation.