Laserfiche WebLink
-uulm-y %-. %-unins-,rccunins��masnpeema.gov> <br /> Subject: Delegation of Parking Ban Authority <br /> Rod: <br /> In my opinion, it would be permissible for the Board of Selectmen to delegate its authority to regulate parking on public <br /> ways of the Town during snow emergencies to the Town Manager. Given the fact that responsibility for execution of this <br /> function.is not specified in the Charter or Bylaws, I do suggest that the Board affirmatively vote to delegate its Eruthority <br /> to declare snow emergency parking bans to your office and/or adopt a traffic or parking regulation to that effect to <br /> confirm said delegation and establish a written record of the Town Manager's authority in this regard. <br /> Such delegation of the Board's authority to regulate parking on public ways in the Town would be consistent with the <br /> broad authority of the Board to formulate and promulgate policy directives and guidelines to be followed by Town <br /> agencies serving under it(Charter Section 3-2(b); General Bylaw§4-4). Further,the Charter provides that the Town <br /> Manager shall "see that all.... votes of the Board of Selectmen which require enforcement by the Town Manager or <br /> officers subject to the direction and supervision of the Town Manager are faithfully executed,performed or otherwise <br /> carried out". (Charter§4-2(I); Bylaws§5-2 (L)). <br /> The Town has adopted Bylaws authorizing the removal of vehicles interfering with snow and ice removal operations on <br /> Town ways and the removal of snow and ice on private ways open to public travel (Chapter 147), however,there is no <br /> Bylaw specifically addressing the implementation of parking bans. Other municipalities have adopted such ordinances or <br /> bylaws authorizing the implementation of snow emergency parking bans by various municipal boards/officers, such as a <br /> mayor, parking commission, public works superintendent, police chief,town manager, etc. While I do not deem <br /> adoption of such a Bylaw to be necessary to delegate this authority, it is an option, in addition to a Board of Selectmen <br /> vote or promulgation of a traffic/parking regulation, by which to specifically designate the Town official authorized to <br /> implement such parking bans. <br /> Let me know if you have any further questions in this regard. <br /> Pat <br /> Patrick J. Costello <br /> Louison, Costello, Condon& Pfaff, LLP <br /> Ane <br />