Mass. Gen. Laws ch. 40, sec. 22D — MA Code / Part I / Title VII / Chapter 40 / Section 22D
Vehicles parked in violation of law; removal
Status: reserved

Section 22D. In a city or town which accepts this section, as hereinafter provided, the city council or board of selectmen, or if, in any city or town, some other board or commission is empowered to establish traffic regulations, such other board or commission, may adopt, amend, alter or repeal rules and regulations, with such limitations, if any, as may be deemed proper, authorizing the chief officer of the police department or such sergeants or other officers of higher rank in the police department as he may from time to time designate, to remove, to some convenient place through the agency of a person or persons in the employ of the police department or by an independent contractor selected in accordance with law, by-law, or ordinance, on the basis of competitive bids, any vehicle parked or standing on any part of any way under the control of the municipality in such a manner as to obstruct any curb ramp designed for use by handicapped persons as means of egress to a street or public way, or to occupy or obstruct any parking space reserved for a vehicle used by a disabled veteran or handicapped person whose vehicle bears the distinguishing license plate, or displays the special parking identification plate authorized by section two of chapter ninety, or bears the official identification of a handicapped person issued by any other state, or any Canadian Province, or 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 and recites that whoever violates it shall be liable to charges for the removal and storage of the vehicles as well as subject to punishment by fine. Vehicles owned by the commonwealth or a political subdivision thereof or by the United States or any instrumentality thereof or registered by a member of a foreign diplomatic corps or by a foreign consular officer who is not a citizen of the United States and bearing a distinctive number plate or otherwise conspicuously marked as so owned or registered, shall not, however, be subject to such removal. Regulations and such signs as may be necessary shall be subject to the provisions of section two of chapter eighty-five. Liability may be imposed for the reasonable cost of such removal, and for the storage charges, if any, resulting therefrom, upon the owner of such vehicle; provided, however, that the liability so imposed for removal shall not exceed the maximum rate established by the department of telecommunications and energy under authority of section six B of chapter one hundred and fifty-nine B, and that the liability so imposed for storage shall not exceed the maximum rate established under the provisions of section six B of chapter one hundred and fifty-nine B. Neither the removal nor storage of a vehicle under the provisions of this section shall be deemed to be services rendered or work performed by the municipality or the police department of such municipality. The contractor shall be liable to the owner of such vehicle for any damage caused to it arising out of negligence in the course of such removal and storage. This section shall take effect in a city having a Plan D or Plan E charter by the affirmative vote of a majority of all the members of the city council, and, in the case of other cities by vote of the city council, subject to the provisions of the charter, and in a town by vote of a town meeting. Acceptance may be revoked in like manner at any time after the expiration of one year from the date of acceptance. The provisions of this section shall not apply to the city of Boston.

Section 22D. In a city or town which accepts this section, as hereinafter provided, the city council or board of selectmen, or if, in any city or town, some other board or commission is empowered to establish traffic regulations, such other board or commission, may adopt, amend, alter or repeal rules and regulations, with such limitations, if any, as may be deemed proper, authorizing the chief officer of the police department or such sergeants or other officers of higher rank in the police department as he may from time to time designate, to remove, to some convenient place through the agency of a person or persons in the employ of the police department or by an independent contractor selected in accordance with law, by-law, or ordinance, on the basis of competitive bids, any vehicle parked or standing on any part of any way under the control of the municipality in such a manner as to obstruct any curb ramp designed for use by handicapped persons as means of egress to a street or public way, or to occupy or obstruct any parking space reserved for a vehicle used by a disabled veteran or handicapped person whose vehicle bears the distinguishing license plate, or displays the special parking identification plate authorized by section two of chapter ninety, or bears the official identification of a handicapped person issued by any other state, or any Canadian Province, or 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 and recites that whoever violates it shall be liable to charges for the removal and storage of the vehicles as well as subject to punishment by fine. Vehicles owned by the commonwealth or a political subdivision thereof or by the United States or any instrumentality thereof or registered by a member of a foreign diplomatic corps or by a foreign consular officer who is not a citizen of the United States and bearing a distinctive number plate or otherwise conspicuously marked as so owned or registered, shall not, however, be subject to such removal. Regulations and such signs as may be necessary shall be subject to the provisions of section two of chapter eighty-five. Liability may be imposed for the reasonable cost of such removal, and for the storage charges, if any, resulting therefrom, upon the owner of such vehicle; provided, however, that the liability so imposed for removal shall not exceed the maximum rate established by the department of telecommunications and energy under authority of section six B of chapter one hundred and fifty-nine B, and that the liability so imposed for storage shall not exceed the maximum rate established under the provisions of section six B of chapter one hundred and fifty-nine B. Neither the removal nor storage of a vehicle under the provisions of this section shall be deemed to be services rendered or work performed by the municipality or the police department of such municipality. The contractor shall be liable to the owner of such vehicle for any damage caused to it arising out of negligence in the course of such removal and storage. This section shall take effect in a city having a Plan D or Plan E charter by the affirmative vote of a majority of all the members of the city council, and, in the case of other cities by vote of the city council, subject to the provisions of the charter, and in a town by vote of a town meeting. Acceptance may be revoked in like manner at any time after the expiration of one year from the date of acceptance.

The provisions of this section shall not apply to the city of Boston.