61C - Towing Motor Vehicles and Inventory Procedures - 2019

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61C – Towing Motor Vehicles and Inventory Procedures Policy & Procedure Page 5 of 8 c. Have the vehicle inventoried and towed by an approved towing agency, moving it and the contents to the tow yard where they would be more secure. Note: Vehicle will not be inventoried if a licensed operator is allowed to take the vehicle. Note: Officers should be aware of Commonwealth vs. Eddington, 76 Mass. App. Not Ct. 173, 179 (2010) when considering whether to tow vehicles subsequent to arrests. In summary, the court stated that when a vehicle is otherwise legally parked at the location of the stop, and the owner or person in possession of it does not wish for it to be removed; and, where officers cannot show that it represents a safety hazard, or was at particular “risk for theft or vandalism” (must prove if claiming “high crime” neighborhood), impoundment for non-investigatory reasons is not justified. If the owner or person in charge wishes for the vehicle to be removed to a location of his or her own choice, it is not necessary to inventory that vehicle. C. Towing of parked vehicles from public way or property [61.4.3(b)] 1. Code of Lexington Chapter 192, section 8: Although parking tags or notices are used for most parking violations, the Town of Lexington authorizes this Department, in accordance with the provisions of M.G.L. Chapter 40 section 22D, to remove from a public way any vehicle which is found parked or standing in the following manner: a. Upon a sidewalk; b. Upon any crosswalk; c. Upon any way within twenty (20) feet of an intersecting way, except alleys; d. Upon a way within ten feet of a fire hydrant; e. On the roadway side of any vehicle stopped or parked at the edge or curb of the way (double-parked); f. In front of a public or private driveway; g. Upon any way where the parking of a vehicle will not leave a clear and unobstructed lane at least ten (10) feet wide for passing traffic; h. Within the limits of any way for a period of time exceeding twenty- four (24) consecutive hours without the permission of the Board of Selectman or the Chief of Police, whether or not said vehicle is disabled and preparations are being made by the owner or operator for its removal; i. In a restricted area where parking is prohibited by posted signs; j. Obstructing any curb ramp designed for use by handicapped persons for egress to a street or public way or parking spaces reserved for the handicapped. k. Upon any way in such a manner as to impede the removal or plowing of snow or ice except vehicles parked in accordance with approved regulations governing all night parking. (Town General