A communication transmitted from Louis A. DePasquale, City Manager, relative to Awaiting Report Item Number 19-95, regarding a report on whether idling vehicles may be added as a complaint category in SeeClickFix

ADDRESS ALL COMMUNICATIONS TO 125 SIXTH STREET, CAMBRIDGE, MASSACHUSETTS 02142 TELEPHONE [phone removed] WEB www.cambridgepolice.org FACEBOOK facebook.com/CambridgePolice TWITTER twitter.com/CambridgePolice Louis A. DePasquale City Manager Dr. Branville G. Bard, Jr. Police Commissioner To: City Manager, Louis A. DePasquale From: Police Commissioner, Branville G. Bard, Jr. Date: September 11, 2019 Ref.: Awaiting Report 19-95 – Idling Vehicles Dear Sir: The purpose of this response is to address Awaiting Report 19-93, whereby it was requested that the Cambridge Police Department report on whether idling vehicles may be added as a complaint category in SeeClickFix, or whether a non-emergency text hotline could be set up to transmit photographic or video evidence of truck idling and blocked bike lanes to the Police Department to help enforce the idling laws. Adding Idling Vehicles as a complaint category in SeeClickFix Through discussions with the City’s 311 Project Manager, Dan Riviello, it should be noted that SeeClickFix (Commonwealth Connect) currently allows residents to report into a variety of categories that are assigned to City staff to address. One such category, “Bike Lane Obstruction,” is assigned to the Police Department for follow up and is used as a way for police to collect data on problem locations that may benefit from additional enforcement or possible changes to road design. It is not intended to be a real-time mechanism for generating a police response. This category, as with all categories, should not be used to elicit an immediate response from City staff. When using the system (either online or via a smartphone app), residents are shown a message stating, “…For public safety issues or issues that require immediate attention (such as hanging wires, double parked cars, sick/injured animals, etc.) please call [phone removed] to report as this system is not monitored 24/7 and you should not expect an immediate response” before they submit their report. This is to encourage direct reporting to the non-emergency number as it is the preferred method for requesting a timely response. While Massachusetts General Law Part I, Title XIV, Chapter 90C, Section 3 indicates “If a police officer observes or has brought to the officer's attention the occurrence of a civil motor vehicle infraction, the officer may issue a written warning or may cite the violator for a civil motor vehicle infraction…” the Cambridge Police Department requests residents who witness a possible motor vehicle violation (e.g. idling, bicycle lane obstruction, etc.) to record the license plate number, pull

ADDRESS ALL COMMUNICATIONS TO 125 SIXTH STREET, CAMBRIDGE, MASSACHUSETTS 02142 over to a safe location and call the non-emergency number ([phone removed]) or 911 if there is an emergency. A nearby, available officer will respond to the area of the reported violation. A reported violation not witnessed by an officer can easily lead to issues associated with the veracity of the photo or video evidence in court. For the citation to be upheld, it is required to prove beyond a reasonable doubt that the person in a vehicle is the same person who committed the documented violation. Additionally, documenting pictures or videos while traveling in a vehicle or bicycle is illegal, unsafe and could potentially lead to a confrontation with the documented party. Reporting violations to the Cambridge Police removes potential safety issues that follow attempts at a resident’s own policing. An officer may follow-up with the reporting party and request any evidence associated with a violation as part of its investigation. SeeClickFix reports alone should not be the basis for issuing a citation, and since we do not want to encourage residents to use SeeClickFix to report issues requiring immediate attention, we do not believe creating an “Idling Vehicles” category in SeeClickFix would be prudent. Vehicles that may idle for “necessary” or “unavoidable” purposes MGL Ch. 90 sec. 16A does provide exemptions but does not provide a specific list. It would be reasonable to include the following: • Police, Fire, EMS and other government vehicles that utilize emergency lights, radios for communication, or have computers to access applications such as dispatch screens, RMV databases etc. • Armored cars actively delivering or picking up • Delivery vehicles that utilize engine powered accessories such as refrigeration, lifts, hydraulic functions, etc. • Wheelchair lift equipped vehicles including private vans, chair car service, and buses • Medically necessary for heating or cooling • Necessary to clear windows of ice and snow to ensure safe operation It may not be immediately apparent that an idling vehicle is engaged in “necessary” or “unavoidable” idling. This is another reason why citations based on online reports alone would not be advisable. Massachusetts General Law chapter 90, section 16B pertains specifically to vehicles on school grounds. Section 16B prohibits all unnecessary idling of motor vehicles within one hundred feet of a “public or private accredited preschool, accredited Head Start facility, elementary, vocational or secondary school whether or not in session, and shall include any athletic field or facility and any playground used for school purposes or functions which are owned by a municipality or school district, regardless of proximity to a school building, as well as any parking lot appurtenant to such school, athletic field, facility or playground.” Since 2016, the Cambridge Police Department has received 403 calls for service for idling vehicles. 14 citations have been issued during the same time period.

ADDRESS ALL COMMUNICATIONS TO 125 SIXTH STREET, CAMBRIDGE, MASSACHUSETTS 02142 I hope you find this response satisfactory, and if there are any additional questions, information needed or concerns regarding this matter, please let me know. Sincerely, Dr. Branville, G. Bard, Jr. Police Commissioner