A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 18-133, regarding a report on raising the fines for blocking both loading zones and bike lanes to a comparable rate to Boston for the 2020 fiscal year

Nancy E. Glowa City Solicitor Arthur J, Goldberg Deputy City Solicitor Samuel A. Aylesworth First Assistant City Solicitor ^^i^tanjf,Cj(ft',,&/;cfYoro Paul S. Kawai Keplin K, U, Allwaters Sean M. McKendry Megan 5. Bayer Brian A. Schwartz Katherine Sarmini Hoffman Public Records Access Officer Seah Levy CITY OF CAMBRIDGE Office of the City Solicitor 795 Massachusetts Avenue Cambridge, Massachusetts 02139 April 1,2019 Louis A. DePasquale City Manager Cambridge City Hall 795 Massachusetts Avenue Cambridge, MA 02139 Re: Response to Awaiting Report No, 18-133^ Council Order No, 0-9 of December 3^ 2018 Re: Report on Raising the Fines for Blocking Both Loading Zones and Bike Lanes to a Comparable Rate to Boston for the 2020 Fiscal Year Dear Mr. DePasquale: We have prepared this legal opinion in response to the above referenced Council Order, which requests a report on whether the City of Cambridge ("City") can increase the fines for certain parking violations to a rate that is comparable to the rate imposed by the City of Boston ("Boston"). G.L. c. 90, §20A1/2 establishes a maximum amount which a city or town can impose for parking violations. In my opinion, the City can only increase parking fines beyond the amounts specified in G.L. c. 90, §20A1/2 with legislation authorizing a fine increase. I. G.L.c.90.§20Al/2 G.L. c. 90, §20A1/2 establishes general requirements regarding the issuance, notification, and appeal procedures for parking tickets. In addition, G.L. c. 90, §20A1/2 authorizes cities and towns to appoint commissions or directors to promulgate traffic rules and establish fine schedules for parking violations. In creating fine schedules, commissions and directors are required to comply with the maximum fine amounts specified in G.L. c. 90, §20A1/2. Specifically, G.L. c. 90, §20A1/2 states that the commission or director with authority to promulgate traffic rules: shall, from time to time, establish by rule or regulation a schedule of fines for violations subject to this section committed within such city or town, provided, however, that all such fines shall be uniform for the same offense committed in the same zone or district, if any.. .and provided further, that Telephone [phone removed] Facsimile (617)349-4134 TTY/TTD [phone removed]

any fine established under the provisions of this section for all other parking violations shall not exceed $50, if paid within 21 days, nor shall it exceed $55, if paid thereafter, but before the parking clerk reports to the registrar, as provided below and shall not exceed $75 if paid thereafter. II. Other Cities and Towns Several cities and towns have increased parking fines beyond the amounts specified in G.L. c. 90, §20A1/2 through legislation authorizing fine increases. Specifically, the Massachusetts Legislature has enacted Special Acts authorizing fines in excess of the amounts specified in G.L. c. 90, §20A1/2 or providing towns and cities with the authority to establish fines in excess of the amounts specified in G.L. c. 90, §20A1/2. Such legislation has been enacted in the Town of Harwich and the Cities of Gloucester, Somerville, and Boston. With respect to Boston, it has the authority to impose penalties beyond the amounts proscribed in G.L. c. 90, §20A1/2 through local ordinance. See An Act Establishing the Boston Traffic Commission and Defining its Powers and Duties, 1929 Mass. Acts. 263 ("Boston's Enabling Statute"), as amended by 1982 Mass. Acts 190. Boston has this authority through a 1982 amendment to its Enabling Statute. See id. Pursuant to Section 13A of 1982 Mass. Acts 190: The commission' may adopt, amend and repeal rules and regulations prescribing a penalty, set by ordinance with the approval of the mayor and city council, for any violation of a rule or regulation adopted under this section or promulgated under section two B; provided, that no penalty in excess of fifteen dollars shall be imposed except by ordinance... In June 2018^ Boston increased parking fines beyond the amounts contained in G.L. c. 90, §20A1/2. The increase occurred as a result of an amendment to Boston Municipal Code Chapter 6-6, which was passed by the Boston City Council. II. Analysis The City of Cambridge also has an enabling statute which grants certain powers and duties to the Director of the Department of Traffic and Parking. Pursuant to "An Act Establishing A Department of Traffic and Parking and a Board of Traffic and Parking in the City of Cambridge," 1961 Mass. Acts 455 ("City's Enabling Statute"), the Traffic Director may adopt, amend, and repeal rules and regulations regarding motor vehicle traffic and parking which are "not inconsistent with general law as modified by this act." In addition, the Traffic Director may establish a fine schedule for parking violations in accordance with G.L. c. 90A, §20A1/2. Wliile the City's Enabling Statute has been amended several times, none of these amendments have increased the fine amounts beyond 1 The term "commission" refers to the Boston Traffic Commission. A subsequent Special Act amended the agency's name to the Boston Transportation Department ("BTD"), 1986 Mass. Acts 68. BTD has the authority to amend, adopt, and repeal motor vehicle traffic and parking laws for Boston. See id.

the amounts contained in G.L. c. 90, §20Al/2 or given the City authority to establish fines in excess ofG.L. c. 90, §20A1/2. Where G.L. c. 90, §20A1/2 specifies a maximum amount for parking violations, the City is not authorized to increase fines beyond the amounts specified in that statute without an act from the Massachusetts Legislature authorizing a fine increase. Other towns and cities have obtained special legislation approving increased fine amounts. I recommend that the City follow this practice to ensure compliance with Massachusetts General Laws if the City wishes to increase such fines. Very truly yours, Nancy E) Glowa City Solicitor

Citp of CambnbQ;e 0-9 IN CITY COUNCIL December 3, 2018 COUNCILLOR MALLON VICE MAYOR DEVEREUX COUNCILLOR KELLEY WHEREAS: The current fee for a driver of a private vehicle or operator ofTNC who is blocking a bike lane is $50.00, which is not a strong deterrent; and WHEREAS: The current fee for a driver of a private vehicle or operator of a TNC who is blocking or parked in a loading zone is $40.00, which is even less of a deterrent, as the penalty is cheaper than paying for parking in nearby garages; and WHEREAS: Fines in the neighboring City of Boston of $100.00 for blocking a bike lane and $90.00 for blocking a loading zone are much more of a deterrent; and WHEREAS; Large trucks with deliveries for local businesses who cannot enter their loading zones must then make the choice of attempting to navigate narrow side streets, block bike lanes, or block the normal flow of traffic; and WHEREAS: This misuse of curb space combined with the relatively low deterrent for disruptive or illegal parking makes already highly congested areas much more chaotic; now therefore be it ORDERED: That the City Manager be and hereby is requested to confer with the Traffic, Parking and Transportation Department and the Cambridge Police Department about raising the fines for blocking both loading zones and bike lanes to a comparable rate to Boston for the 2020 fiscal year; and be it further ORDERED: That the City Manager report back to the City Council in a timely manner. In City Council December 3, 2018. Adopted by the affirmative vote of nine members. Attest:- Donna P. Lopez, City Clerk A true copy; ATTEST:- ^ ^.,9 ^^'/-f.^, / Donna P. Lopez, City Clerk