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Session Law

2005

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Chapter 103 AN ACT ESTABLISHING A TRAFFIC COMMISSION IN THE CITY OF WOBURN.

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 shall be in the city of Woburn, a traffic commission to consist of 9 commissioners, 1 of whom shall be the chief of police or his designee, 1 of whom shall be the superintendent of public works or his designee, 1 of whom shall be the fire chief or his designee, 1 of whom shall be the city engineer or his designee, 1 of whom shall be the planning director or his designee, 2 of whom shall be aldermen selected by the city council president, 1 of whom shall be a resident member to be appointed by the city council, and 1 of whom shall be a member of the business community to be appointed by the city council. The city clerk or his designee shall serve as administrative clerk of the traffic commission. The members of the commission shall serve without compensation.

SECTION 2. 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 term of the resident member shall be for 1 year; the term of the business member shall be 2 years. Any subsequent appointments shall be for a term of 2 years, except that an appointment to fill a vacancy shall be for the unexpired term of the member who is being replaced. The 2 aldermen shall be selected by the city council president as soon after organization of the city council as possible.

SECTION 4. The traffic commission shall have exclusive authority, except as otherwise provided in this act, to adopt, amend, alter and repeal rules and regulations by a majority vote, not inconsistent with the General Laws or this act, relative to its own proceedings, vehicular street traffic, pedestrian traffic, and parking in the city and to the movement, stopping or standing of vehicles on, and their exclusion from, all or any streets, ways, highways, roads or parkways, under control of the city, including rules and regulations designating any way or part thereof under the control of the city as a through way under section 9 of chapter 89 of the General Laws, and may prescribe penalties, not exceeding the maximum established by the General Laws, for the violation of any rule or regulation adopted under this act. No such rule or regulation, except such special rules and regulations as are declared by vote of the 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 30 days, shall take effect until published for 2 successive weeks in 1 or more newspapers of general circulation in the city. The commission shall have power to erect, make and maintain or cause to be erected, made or maintained, traffic and parking signs, signals, markings and other devices for the control of such traffic, pedestrian movement, and parking in the city and for informing and warning the public as to rules and regulations adopted under this act, subject, however to sections 2 of chapter 85 and to sections 8 and 9 of chapter 89 of the General Laws. Nothing in this act shall authorize the commission to adopt any rule or regulation that would exclude the Massachusetts Bay Transportation Authority from any way or party thereof in which it has a route or modify or limit any power or authority of the department of conservation and recreation, the state department of public works, or the state department of telecommunications and energy or modify or limit any power now vested in the mayor, city council 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 of these rules and regulations by the commission shall not affect any act done or right accrued or penalty incurred or any suit, prosecution or proceeding pending, at the time of said adoption.

SECTION 6. All rules and regulations of the traffic commission will be established by the traffic commission, subject to approval, change, or amendment by the city council.

Approved September 29, 2005.

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