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HomeMy WebLinkAbout1996-10-29SCOTT HAR~HBARGER December 23, 1996 Joyce A. Bmdshaw, Town Clerk 120 Main Street North Andover, Massachusetts 01845 Dear Ms. Bradshaw: I return the amendments to the general by-laws adopted under article 3 of the warrant for the North Andover special town meeting that first convened on October 29, 1996, with the enclosed approval of this Office. I regret that we must return the amendments to the general by- laws adopted unde~ article 15 of the warrant for the North Andover special town meeting that first convened on October 29, 1996, with the enclosed approval of this Office, except that second to sixth sentences of Section 173-5, which begin with the words "The Chief of Police" and end with the words "such application" are deleted and disapproved. The deleted portion of this by-law would permit the Town to issue "temporary handicapped parking placard[s]." Issuing license plates and placards is a governmental function reserved to the Commonwealth. G.L.c. 90, § 2, and American Motorcycle Ass'n v, Park Commissioners of Brockton, 412 Mass. 753 (1992) (chapter 90 is "a comprehensive scheme for the regulation of motor vehicles and the operation thereof.") Although towns are explicitly pemfitted to make by-laws on the subject of parking and handicapped parking, the General Laws make clear that special parking identification plates are issued by the Commonwealth, by other states, and by Canadian provinces, and not by towns. See G.L.c. 40, § 21, clause 23. Sincerely, A. Abbott Assistant Attorney General Chief, Municipal Law Unit (617) 727-2200 x 2096 Eno, cc: Kopelman & Paige, 31 St. James Ave., Boston, MA 02116 TOWN OF NORTH ANDOVER Joyce A. Brnd.h.w, Town Clerk TOWN BUILDING (508) 688-9501 120 l~Ai. Street Fax (508) 688-9556 North Andovet, MA 01845 This is to certify that the following vote was taken at the adjourned Special Town Meeting for the Town of North Andover held October 29, 1996 at the North Andover High School Fietdhouse: ARTICLE 15 PROPOSED TEMPORARY HANDICAPPED PARKING PERMIT PROGRAM. Unanimously Voted for the Town to amend Chapter 173 of the Town of North Andover Code, to insert new sections, 173-5, and 173-6, as follows: 173-5 Temporary Handicapped Parking Permit Any motor vehicle bearing a handicapped parking placard or motor vehicle registration plate designating the vehicle as one used by a handicapped person shall be authorized to park in a designated handicapped parking space. The Chief of Police, or his/her designee, may issue a temporary handicapped parking placard to any person upon application with a supporting medical affidavit signed by a licensed physician, designating the applicant as being temporarily physically handicapped. Said temporary placard shall be issued with an expiration date not to exceed sixty (60) days from the date of issue. The placard shall be displayed so as to be visible through the left portion of the windshield of a private passenger motor vehicle. Use of the temporary placard shall be for the exclusive use of the bearer while being transported in said vehicle. A processing fee of $5.00 shall be charged for each such application. 173-6 Penalties. Any person who places or parks any motor vehicle not designated with handicapped plates or placards as provided for under Section 2 of Chapter 90 of the Massachusetts General Laws, or with a Temporary Handicapped Parking Permit as provided for in Section 173-5, above or otherwise interferes with or blocks any space designated for handicapped parking as provided for in this Chapter or who obstructs a curb ramp designated for use by handicapped persons as a means of access to a street or public way, shall be punished by a fine of $50.00. Pursuant to G.L.c. 40, §21D and Section 1-6 of the Town of North Andover Code, the enforcing officer for violations of Section 173- 5 shall be any police officer taking notice of such violation. ATrue T~'~'~-'m. C~' ': Boston, Massachusetts The foregoing amendments to the general by-laws adopted under article 3 of the warrant for the North Andover special town meeting that convened on October 29, 1996, are approved. The foregoing amendments to the general by-laws adopted under article 15 of the warrant for the North Andover special town meeting that convened on October 29, 1996, are approved, except that second, third, fourth, fifth and sixth sentences of Section 173-$, which begin with the words "The Chief of Police" and end with the words "such application" are deleted and disapproved. SCOTT HARSHBARGER ATTORNEY GENERAL onathan A. Abbott Assistant Attomcy General December 23, 1996 TOWN OF NORTH ANDOVER loyee A. B~el~haw, Tow~ Clerk (508) 688-950! Fax (508) 688-9556 TOWN Bun.flING 120 l~in Street North Aadover, MA O1845 MEMORANDUM TO: FROM: RE: DATE: Board of Selectmen Joyce A. Bradshaw, Town Clerk Attorney General Approval - Special Town Meeting October 29, 1996 December 30, 1996 The attached correspondence was received from the Office of the Attorney General regarding approval of amendments to the general bylaws submitted for the Special Town Meeting held October 29, 1996. Please contact me if you have any questions or require any additional information. SCOTT HARSHBARGER Al'TQ~t4EY GEIERAL (~17) 7'ZT-22QO December 23, 1996 Joyce A. Bradshaw, Town Clerk 120 Main Street North Andover, Massachusetts 01845 Dear Ms. Bradshaw: I return the amendments to the general by-laws adopted under article 3 of the warrant for the North Andover special town meeting that first convened on October 29, 1996, with the enclosed approval of this Office. I regret that we must return the amendments to the general by- laws adopted under article 15 of the warrant for the North Andover special town meeting that first convened on October 29, 1996, with the enclosed approval of this Office, except that second to sixth sentences of Section 173-5, which begin with the words "The Chief of Police" and end with the words "such application" are deleted and disapproved. The deleted portion of this by-law would permit the Town to issue "temporary handicapped parking placard[s]." Issuing license plates and placards is a governmental function reserved to the Commonwealth. G.L.c. 90, § 2, and American Motorcycle Ass'n v. Park Commissioners of Brockton, 412 Mass. 753 (1992) (chapter 90 is "a comprehensive scheme for the regulation of motor vehicles and the operation thereof.") Although towns are explicitly permitted to make by-laws on the subject of parking and handicapped parking, the General Laws make clear that special parking identification plates are issued by the Commonwealth, by other states, and by Canadian provinces, and not by towns. See G.L.c. 40, § 21, clause 23. Sincerely, A'A~Aobmbey General Chief, Municipal Law Unit (617) 727-2200 x 2096 Enc. CC: Kopelman & Paige, 31 St. James Ave., Boston, MA 02116 Boston, Massachusetts The foregoing amendments to the general by-laws adopted under article 3 of the warrant for the North Andover special tom meeting that convened on October 29, 1996, are approved. The foregoing amendments to the general by-laws adopted under article 15 of the warrant for the North Andover special town meeting that convened on October 29, 1996, are approved, except that second, third, fourth, fifth and sixth sentences of Section 173-5, which begin with the words "The Chief of Police" and end with the words "such application' are deleted and disapproved. SCOTT HARSHBARGER ATTORNEY GENERAL onathan A. Abbott Assistant Attorney General December 23, 1996 TOWN OF NORTH ^NDOVER $oyce A. Bradshaw, Town Clerk (508) 688-9501 Fax (508) 688-9556 TOWN BUILDING 120 l~i,~ $1reei North Andov~r, MA 01~4~ This is to certify that the following vote was taken at the adjourned Special T~wn Meeting for the Town of North Andover held November 29, 1996 at the North Andover High School Fieldhouse: ARTICLE3 AMI~ND CHAPTER 2, SECTION 59-2 OF THE GENERAL BYLAWS - CHANGE IN QUORUM REQUIREMENT. Voted by Majority Vote that the Town change Section 59-2 of the General Bylaws of the Town of North Andover to read: The quorum required to convene an Annual or Special Town Meeting shall be one and one-half percent (1.5%) of the registered voters of the Town. Once convened an Annual or Special Town Meeting may continue to transact business at that session and at adjourned sessions of the same meeting in the absence of a quorum by at least a two thirds vote of those present and voting: provided however that a lesser number may adjourn such meeting from time to time. It is further provided that no adjourned or subsequent session may be convened absent the presence of .75% of the registered voters. ATI~ A~ue Cc_~y TOWN OF NORTH ANDOVER $oyce A. Bma..~hnw, Town Clerk TOWN BUILDING (508) 688-9501 120 Mni- Street lax (508) 688-9556 No~h Andovet, MA 01845 This is to certify that the following vote was taken at the adjourned Special Town Meeting for the Town of North Andover held October 29, 1996 at the North A/ldover High School Fieldhouse: ARTICLE 15 PROPOSED TEMPORARY HANDICAPPED PARKING PERMIT PROGRAM. Unanimously Voted for the Town to amend Chapter 173 of the Town of North Andover Code, to insert new sections, 173-5, and 173-6, as follows: 173-5 Temporary Handicapped Parking Permit Any motor vehicle bearing a handicapped parking placard or motor vehicle registration plate designating the vehicle as one used by a handicapped person shall be authorized to park in a designated handicapped parking space. The Chief of Police, or his/her designee, may issue a temporary handicapped parking placard to any person upon application with a supporting medical affidavit signed by a licensed physician, designating the applicant as being temporarily physically handicapped. Said temporary placard shall be issued with an expiration date not to exceed sixty (60) days from the date of issue. The placard shall be displayed so as to be visible through the left portion of the windshield of a private passenger motor vehicle. Use of the temporary placard shall be for the exclusive use of the bearer while being transported in said vehicle. A processing fee of $5.00 shall be charged for each such application. § 173-6 Penalties. Any person who places or parks any motor vehicle not designated with handicapped plates or placards as provided for under Section 2 of Chapter 90 of the Massachusetts General Laws, or with a Temporary Handicapped Parking Permit as provided for in Section 173-5, above or otherwise interferes with or blocks any space designated for handicapped parking as provided for in this Chapter or who obstructs a curb ramp designated for use by handicapped persons as a means of access to a street or public way, shall be punished by a fine of $50.00. Pursuant to G.L.c. 40, §21D and Section 1-6 of the Town of North Andover Code, the enforcing officer for violations of Section 173- 5 shall be any police officer taking notice of such violation. ATme Copy