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  • Acts
  • 1998
  • Chapter 76 AN ACT ESTABLISHING A TRAFFIC COMMISSION IN THE CITY OF MELROSE.

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. There is hereby established in the city of Melrose, a traffic commission to consist of eight commissioners, one of whom shall be the chief of police, one of whom shall be the superintendent of public works and one of whom shall be the chairman of the aldermanic highways committee or their designees, five resident members to be appointed by the mayor, two of whom shall be resident members of the business community and three of whom shall be resident citizen consumer members, such appointments to be ratified by the board of aldermen.

SECTION 2. The superintendent of public works shall act as the chairperson of said commission for the first year. Thereafter, the chairperson shall be chosen by election of the members of the commission on or before the first Monday of July of each year. The chairperson shall be known as the traffic commissioner. The commissioners shall receive no compensation for their services but all expenses incurred for the purposes of this act shall be paid by the city. All statutes and ordinances applicable generally to the departments of the city shall apply to the commission.

SECTION 3. When the traffic commission is first constituted, the terms of the five resident members shall be respectively: one citizen consumer member for one year, one business member for two years, one citizen consumer member for three years, one business member for four years and one citizen consumer for five years. The police chief or his designee and the superintendent of public works or his designee and the chairman of the aldermanic highways committee shall serve while in office. Any subsequent appointments shall be for a term of five years, so that the term of one appointee shall expire each year; except that an appointment to fill a vacancy shall be for the unexpired term of the member who is being replaced. Said commission shall meet quarterly on the third Wednesday of March, June, September and December with special meetings called by the chairperson when deemed necessary.

SECTION 4. The traffic commission shall have exclusive authority, except as otherwise herein provided, to adopt, amend, alter and repeal rules and regulations, not inconsistent with General Laws as modified by this act, relative to vehicular street traffic and parking in the city and to the movement, stopping or standing of vehicles on and their exclusion from, all or any street, ways, highways, roads and parkways, under the control of the city, including rules and regulations designating any way or part thereof under the control of said city as a throughway under and subject to the provisions of section 9 of chapter 89 of the General Laws and may prescribe penalties not exceeding $200 for the violation of any rule or regulation adopted hereunder. No such rule or regulation, except such special rules and regulations as are declared by vote of said commission to be urgently required by considerations of public safety or convenience or such as are of a temporary nature and are to be effective for a period of not more than two weeks, shall take effect until published for two successive weeks in one or more newspapers published with a circulation in the city. Upon petition of 25 registered voters of the city relative to any rule or regulation adopted or proposed to be adopted under this section, said commission shall hold a public hearing thereon within ten days after the filing with said commission of such petition and final action thereon shall be determined only by vote of majority of the entire membership of said commission. Said commission shall have power to erect, make and maintain or cause to be erected, made and maintained, traffic and parking signs, signals, markings and other devices for the control of such traffic and parking in said city and for informing and warning the public as to rules and regulations adopted hereunder, subject, however to section 2 of said chapter 89. Nothing in this act shall be construed to authorize said commission to adopt any rule or regulation excluding the Massachusetts Bay Transportation Authority from any way or part thereof in which it has a route or to modify or limit any power or authority of the metropolitan district commission, or the state department of public works or the state department of public utilities or any power now vested in the mayor, board of aldermen or heads of departments with reference to the issuance of licenses or permits for the opening, using or occupying of streets and sidewalks.

SECTION 5. All existing ordinances and regulations, relating to the control of vehicular traffic and parking shall remain in full force and effect until superseded by rules and regulations adopted by the traffic commission under this act and the adoption thereof by said commission shall not affect any act done or right accrued or penalty incurred or any suit.

Approved April 9, 1998.