TOR-2010-1 DRAG RACING L - - - � s,
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HOUSE DOCKET, NO. FILED ON:6/1812010
HOUSE . . . . . . . . . . . No.
[LOCAL APPROVAL RECEIVED.]
Zbe Commontoealtb of Alao5atbagettg
PRESENTED BY:
Rosemary Sandlin
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled.
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to drag racing in the town of Agawam.
PETITION OF:
NAME: PISTRICT/ADDRESS:
Rosemary Sandlin 13rd Hampden
19be Commanwealtb of *1aq;qarbU!5etW
I
In the Year Two Thousand and Nine
I An Act relative to drag racing in the town of Agawam.
2
3 SECTION 1.Notwithstanding Section 17B of Chapter 90 of the General Laws or any other general or
4 special law to the contrary,the state police and the Agawam police department may impound any motor
5 vehicle use in the Town of Agawam by an owner or operator to accelerate at a high rate of speed in
6 competition with another operator,whether or not there is an agreement to race,whether or not there is
7 increased noise from skidding tires or amplified noise from racing engines,so-called drag racing,until
8 such time as a forfeiture hearing can be heard in the manner set forth in Sections 2 and 3.
9
10 SECTION 2. (1) The following items shall be subject to forfeiture:-
I I (a)any motor vehicle used or intended to be used to violate Section 17B of Chapter 90 of the
12 General Laws or used to facilitate a violation of said Section 17B of said Chapter 90 in the Town of
13 Agawam, but no forfeiture under this act shall extinguish a perfected security interest held by a creditor in
14 a motor vehicle at the time of filing of the forfeiture action; and
15
16 (b) any money, negotiable instrument, securities or other thing of value furnished or intended to be
17 furnished in exchange for violating said Section 1713 of said Chapter 90 or for facilitating a violation of
18 said Section 17B of said Chapter 90 in the Town of Agawam.
19
20 (2)The following exemptions shall apply: -
21
22 (a)no motor vehicle used as a common carrier in the transaction of business as a common carrier shall be
23 subject to forfeiture,unless the owner or other person lawfully in charge of such motor vehicle consented
24 to or participated or intended to participate in the violation or facilitation of a violation of Section 17B of
25 Chapter 90 of the General Laws;
26
27 (b)no motor vehicle used or intended to be used to violate said Section 17B of said Chapter 90 or to
28 facilitate a violation of said Section 17B of said Chapter 90 shall be subject to forfeiture by reason of any
29 act or omission established by the owner thereof to have been committed or omitted by any person other
30 than such owner while such motor vehicle was unlawfully in the possession of a person other than the
31 owner in violation of the criminal laws of the United States,the commonwealth or any state;and
32
33 (c) no motor vehicle shall be subject to forfeiture unless the owner knew or should have known that such
34 motor vehicle was used or intended to be used to violate or to facilitate a violation of said Section 17B of
35 said Chapter 90.
36
37 SECTION3.The Hampden County Superior Court shall have jurisdiction under any action brought
38 pursuant to this act.
39
40 (a)The city may petition the Superior Court in the name of the city in the nature of a proceeding in rem to
41 order forfeiture of a motor vehicle, money or other things of value subject to forfeiture under Section 2.
42 Such proceeding shall be deemed a civil suit. Any person claiming a right in the property subject to
43 forfeiture shall have the right to claim a trial by jury, but if such right is not claimed, the right to trial by
44 jury shall be waived, In all such suits where the property is claimed by any person other than the city,the
45 city shall have the burden of proving the existence of probable cause to institute the action,and any such
46 claimant shall then have the burden of proving that the property is not forfeitable pursuant to Section 2.
47 The court shall order the city to give notice by certified mail to the owner of the motor vehicle, moneys or
48 other things of value and to other persons who appear to have an interest therein, and the court shall
49 promptly hold a hearing on the petition. Upon motion of the owner of said motor vehicle, moneys or
50 other things of value,the court may continue the hearing on the petition pending the outcome of any
51 criminal trial related to the violation of Section 17B of Chapter 90 of the General Laws,and upon a
52 finding of not guilty, the court shall dismiss the forfeiture petition. At such forfeiture hearing the court
53 shall hear evidence and, if no jury has been requested, make findings of fact and conclusions of law,and
54 shall thereupon issue a final order form which the parties shall have such right of appeal as is provided by
55 law. In all such suits where a final order results in a forfeiture, said final order shall provide for
56 disposition of the motor vehicle, moneys or other things of value by the city in any manner not prohibited
57 by law, including official use by an authorized law enforcement or other public agency;or by sale at
58 public auction or by competitive bidding. The proceeds of any such sale shall be used to pay the
59 reasonable expenses of the forfeiture proceedings,seizure, storage,maintenance of custody,advertising
60 and notice,and the balance thereof shall be deposited in the general fund of the city pursuant to Section
61 53 of Chapter 44 of the General Laws and shall be appropriated to the police department.
62
63 SECTION 4. Whoever violated Section 17B of Chapter 90 of the General Laws in the Town of Agawam
64 shall, in addition to forfeiture of the motor vehicle as set forth in Section 3,also be punished by a fine of
65 not less than $500 nor more than$1,000, and the registrar shall suspend such operator's I icense for a
66 period of not less than 60 days. A subsequent violation shall be punished by a fine of not less than$2,000
67 nor more than$5,000 and a suspension of such license for a period of not less than 6 months.
68
69 SECTION 5. This act shall take effect upon its passage.
Be it enacted by the Senate and House of Representatives in General Court assembled and by the authority
of the same, asfollows:
PEt ftad('Yt� 5/17 li
')0(;0�� o 3 -�W
TOR-201 0-1
AN ORDINA E REGARDING DRAG RACING WITHIN THE TOWN OF
AGAWAM
(Sponsored by Councilor Magovern)
WHEREAS, drag racing poses a significant threat to the safety of the
residents of the Town of Agawam and others who use the public ways;
WHEREAS, neighboring communities have requested and been granted
Special Legislation to prevent drag racing within their communities,
WHEREAS, drag racing has migrated from neighboring communities in
the Town of Agawam;
ER
WHEREAS, it is in the. best interest of the Town of Agawam to propose
and support special legislation;
NOW THEREFORE, BE IT ORDAINED AND ENACTED BYcTH&'rn
�K
AGAWAM CITY COUNCIL to petition the General Court to the end-ahajx3o
legislation be adopted precisely as follows. The General Court may W.- kel"'51'
clerical or editorial changes of form only �o the bill, unless the Agawamsit�
Council approves amendments to the bill before enactment by the General
Court. The Agawam City Council hereby authorizes to approve amendments
which shall be within the scope of the general public objectives of this petition:
AN ACT RELATIVE TO DRAG RACING IN THE TOWN OF AGAWAM
Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding Section 17B of Chapter 90 of the General Laws or
any other general or special law to the contrary, the state police and the Agawam
police department may impound any motor vehicle used in the Town of Agawam
by an owner or operator to accelerate at a high rate of speed in competition with
another operator, whether or not there is an agreement to race, whether or not
there is increased noise from skidding tires or amplified noise from racing
engines, so-called drag racing, until such time as a forfeiture hearing can be
heard in the manner set forth in Sections 2 and 3.
SECTION 2. (1) The following items shall be subject to forfeiture:-
(a) any motor vehicle used or intended to be used to violate Section 17B of
Chapter 90 of the General Laws or used to facilitate a violation of said Section
17B of said Chapter 90 in the Town of Agawam, but no forfeiture under this act
shall extinguish a perfected security interest held by a creditor in a motor vehicle
at the time of filing of the forfeiture action; and
(b) any money, negotiable instrument, securities or other thing of value furnished
or intended to be furnished in exchange for violating said Section 17B of said
Chapter 90 or for facilitating a violation of said Section 17B of said Chapter 90 in
the Town of Agawam.
(2) The following exemptions shall apply:-
(a) no motor vehicle used as a common carrier in the transaction of business as
a common carrier shall be subject to forfeiture, unless the owner or other person
lawfully in charge of such motor vehicle consented to or participated or intended
to participate in the violation or facilitation of a violation of Section 17B of Chapter
90 of the General Laws;
(b) no motor vehicle used or intended to be used to violate said Section 17B of
said Chapter 90 or to facilitate a violation of said Section 17B of said Chapter 90
shall be subject to forfeiture by reason of any act or omission established by the
owner thereof to have been committed or omitted by any person other than such
owner while such motor vehicle was unlawfully in the possession of a person
other than the owner in violation of the criminal laws of the United States, the
commonwealth or any state; and
(c) no motor vehicle shall be subject to forfeiture unless the owner knew or
should have known that such motor vehicle was used or intended to be used to
violate or to facilitate a violation of said Section 17B of said Chapter 90.
SECTION 3. The Hampden County Superior Court shall have jurisdiction under
any action brought pursuant to this act.
(a) The city may petition the Superior Court in the name of the city in the nature
of a proceeding in rem to order forfeiture of a.motor vehicle, money or other
things of value subject to forfeiture under Section 2. Such proceeding shall be
deemed a civil suit. Any person claiming a right in the property subject to
forfeiture shall have the right to claim a trial by jury, but if such right is not
claimed, the right to trial by jury shall be waived. In all such suits where the
property is claimed by any person other than the city, the city shall have the
burden of proving the existence of probable cause to institute the action, and any
such claimant shall then have the burden of proving that the property is not
forfeitable pursuant to Section 2. The court shall order the city to give notice by
certified mail to the owner of the motor vehicle, moneys or other things of value
and to other persons who appear to have an interest therein, and the court shall
promptly hold a hearing on the petition. Upon motion of the owner of said motor
vehicle, moneys or other things of value, the court may continue the hearing on
the petition pending the outcome of any criminal trial related to the violation of
Section 17B of Chapter 90 of the General Laws, and upon a finding of not guilty,
the court shall dismiss the forfeiture petition. At such forfeiture hearing the court
shall hear evidence and, if no jury has been requested, make findings of fact and
conclusions of law, and shall thereupon issue a final order, from which the parties
shall have such right of appeal as is provided by law. In all such suits where a
final order results in a forfeiture, said final order shall provide for disposition of
the motor vehicle, moneys or other things of value by the city in any manner not
prohibited by law, including official use by an authorized law enforcement or
other public agency; or by sale at public auction or by competitive bidding. The
proceeds of any such sale shall be used to pay the reasonable expenses of the
forfeiture proceedings, seizure, storage, maintenance of custody, advertising and
notice, and the balance thereof shall be deposited in the general fund of the city
pursuant to Section 53 of Chapter 44 of the General Laws and shall be
appropriated to the police department.
SECTION 4. Whoever violates Section 17B of Chapter 90 of the General Laws in
the Town of Agawam shall, in addition to forfeiture of the motor vehicle as set
forth in Section 3, also be punished by a fine of not less than $500 nor more than
$1,000, and the registrar shall suspend such operator's license for a period of not
less than 60 days. A subsequent violation shall be punished by a fine of not less
than $2,000 nor more than $5,000 and a suspension of such license for a period
of not less than 6 months.
SECTION 5. This act shall take effect upon its passage.
DATED THIS _JNAY OF Qd� A 2010.
0
PER ORDER OF THE AGAWAM CITY COUNCIL
DonO M-. Rheault, President
AP ROVED AS:TO;LFRM IAN D LEGALITY.
P
Vincerft F. Gios-cia, Solicitor
MAYORAL ACTION
Received this — day of, 2 010 from Council Clerk.
Signed by Council President this ____dayof TLA—". 2010.
APPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Ag Charter, as
amended, I hereby approve the passage of the above legislation on this Oik�7ay of
2010.
Richard A. Cohen, Mayor
DISAPPROVAL OF LEGISLATION
By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as
amended, I hereby veto the passage of the above legislation on this day of
2010 for the following reason(s):
Richard A. Cohen, Mayor
RETURN OF LEGISLATION TO COUNCIL CLERK
Returned to Council Clerk this' COk tay of A 4,k 0 ..-0 , 2010.
F
AGAWAM POLICE DEPARTMENT
681 Springfield Street, Feeding Hills, MA 01030
Telephone- (413)786-4767 or 786-0400 Ext 260 FAX (413)786-4821
MASS Robert D. Campbell
Chief of Police
Lieutenant Eric Gillis
Agawam Police Department
681 Springfield Street
Feeding Hills, MA 0 103 0
Councilor Robert A. Magovern
Agawam City. Council
36 Main Street
Agawam, MA 0 100 1
June 7, 2010
Dear Councilor Magovem,
Thank you very mu'ch for your recent invitation to attend this evening's City
Council Meeting. Regrettably, I will be unable to attend due to a prior family
commitment. However;you and the rest of your colleagues should know that I stand by
my memorandum of April 5 of this year.
As you will recall, I recommended that the Council adopt this ordinance in an
effort to take pre-emptive action before "Drag Racing" becomes a Town of Agawam
problem. As I stated in my memo, most of the activity that we have expierienced in our
community occurs on Route 57, which comes under the control of the Massachusetts
State Police. However, the adoption of this ordinance may provide an effective deterrent
to would-be "drag racers.", It would also arm the Agaviam Police Department with an
additional tool to combat this issue .which has plagued surrounding communities, should
C";
roadways other-than Route 5 7 become hot spots�fbr this type of activity. M.
This ordinance is really about enhancing the safety of the residents of%r
,--
community and those who travel through it. I would urge the Council to give stffng C3,
consideration to enacting this ordinance.
M
fully sub * ed, >
r
nantEr' illis
CC: Chief Robert D. Campbell
TOR-201 0-1
AN ORDINANCE REGARDING DRAG RACING WITHIN THE TOWN OF
AGAWAM
(Sponsored by Councilor Magovern)
WHEREAS, drag racing poses a significant threat to the safety of the
residents of the Town of Agawam and others who use the public ways;
WHEREAS, neighboring communities have requested 'and been granted
Special Legislation to prevent drag racing within their communities;
WHEREAS, drag racing has migrated from neighboring communities in
the Town of Agawam;
WHEREAS, it is in the best interest of the Town of Agawam to propose
and support special legislation;
NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE
AGAWAM CITY COUNCIL to petition the General Court to the end that
legislation be adopted precisely as follows. The General Court may make
clerical or editorial clianges of form only to the bill, unless the Agawam City
Co il approves amendments to the bill before enactment by the General
L) f
Z COF The Agawam City Council hereby authorizes to approve amendments
CD-400ch shall be within the scope of the general public objectives of this petition:
CL
UJ=
._J.;DANLACT RELATIVE TO DRAG RACING IN THE TOWN OF AGAWAM
CJ 31z-
Begg enacted by the Senate and House of Representatives in General Court
C1
c-5 as§dmbled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding Section 17B of Chapter 90 of the General Laws or
any other general or special law to the contrary, the state police and the Agawam
police department may impound any motor vehicle used in the Town of Agawam
by an owner or operator to accelerate at a high rate of speed in competition with
another operator, whether or not there is an agreement to race, whether or not
there is increased noise from skidding tires or amplified noise from racing
engines, so-called drag racing, until such time as a forfeiture hearing can be
heard in the manner set forth in Sections 2 and 3.
SECTION 2. (1) The following items shall be subject to forfeiture:-
I
(a) any motor vehicle used or intended to be used to violate Section 17B of
Chapter 90 of the General Laws or used to facilitate a violation of said Section
17B of said Chapter 90 in the Town of Agawam, but no forfeiture under this act
shall extinguish a perfected security interest held by a creditor in a motor vehicle
at the time of filing of the forfeiture action; and
(b) any money, negotiable instrument, securities or other thing of value furnished
or intended to be furnished in exchange for violating said Section 17B of said
Chapter 90 or for facilitating a violation of said Section 17B of said Chapter 90 in
the Town of Agawam.
(2) The following exemptions shall apply:-
(a) no motor vehicle used as a common carrier in the transaction of business as
a common carrier shall be subject to forfeiture, unless the owner or other person
lawfully in charge of such motor vehicle consented to or participated or intended
to participate in the violation or facilitation of a violation of Section 17B of Chapter
90 of the General Laws;
(b) no motor vehicle used or intended to be used to violate said Section 17B of
said Chapter 90 or to facilitate a violation of said Section 17B of said Chapter 90
shall be subject to forfeiture by reason of any act or omission established by the
owner thereof to have been committed or omitted by any person other than such
owner while such motor vehicle was unlawfully in the possession of a person
other than the owner in violation of the criminal laws of the United States, the
commonwealth or any state; and
(c) no motor vehicle shall be subject to forfeiture unless the owner knew or
should have known that such motor vehicle was used or intended to be used to
violate or to facilitate a violation of said Section 17B of said Chapter 90.
SECTION 3. The Hampden County Superior Court shall have jurisdiction under
any action brought pursuant to this act.
(a) The city may petition the Superior Court in the name of the city in the nature
of a proceeding in rem to order forfeiture of a motor vehicle, money or other
things of value subject to forfeiture under Section 2. Such proceeding shall be
deemed a civil suit. Any person claiming a right in the property subject to
forfeiture shall have the right to claim a trial by jury, but if such right is not
claimed, the right to trial by jury shall be waived. In all such suits where the
property is claimed by any person other than the city, the city shall have the
burden of proving the existence of probable cause to institute the action, and any
such claimant shall then have the burden of proving that the property is not
forfeitable pursuant to Section 2. The court shall order the city to give notice by
certified mail to the owner of the motor vehicle, moneys or other things of value
and to other persons who appear to have an interest therein, and the court shall
promptly hold a hearing on the petition. Upon motion of the owner of said motor
vehicle, moneys or other things of value, the court may continue the hearing on
the petition pending the outcome of any criminal trial related to the violation of
Section 17B of Chapter 90 of the General Laws, and upon a finding of not guilty,
the court shall dismiss the forfeiture petition. At such forfeiture hearing the court
shall hear evidence and, if no jury has been requested, make findings of fact and
conclusions of law, and shall thereupon issue a final order, from which the parties
shall have such right of appeal as is provided by law. In all such suits where a
final order results in a forfeiture, said final order shall provide for disposition of
the motor vehicle, moneys or other things of value by the city in any manner not
prohibited by law, including official use by an authorized law enforcement or
other public agency; or by sale at public auction or by competitive bidding. The
proceeds of any such sale shall be used to pay the reasonable expenses of the
forfeiture proceedings, seizure, storage, maintenance of custody, advertising and
notice, and the balance thereof shall be deposited in the general fund of the city
pursuant to Section 53 of Chapter 44 of the General Laws and shall be
appropriated to the police department.
SECTION 4. Whoever violates Section 17B of Chapter 90 of the General Laws in
the Town of Agawam shall, in addition to forfeiture of the motor vehicle as set
forth in Section 3, also be punished by a fine of not less than $500 nor more than
$1,000, and the registrar shall suspend such operator's license for a period of not
less than 60 days. A subsequent violation shall be punished by a fine of not less
than $2,000 nor more than $5,000 and a suspension of such license for a period
of not less than 6 months.
SECTION 5. This act shall take effect upon its passage.
DATED THIS DAY OF 2010.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, Solicitor
C' A
AGAWAM CITY COUNCIL
J,
36 MAIN STREET
AGAWAM, MASSACHUSETTS 01001
TED
May 25, 20 10
PRESIDENT
Donald.,W. Rheouli
VICE PRESIDENT
Robert E, Rossi
COUNCILORS
George Biizas Lt. Eric Gillis
James P. Cicheui Agawam Police Department
Gina M. Letellier 681 Springfield Street
Robert A. Magovern
Jill& Messick Feeding Hills, MA. 01030
Joseph Mineo
Dennis J. Perry Dear Lt. Gillis:
Jill P. Simpson
John f. Walsh On behalf of the Agawam City Council, I wish to extend an
ADMINISTRATIVE invitation to attend the Regular Council Meeting at which
ASSISTANT the Council will vote upon the Drag Racing Ordinance. I
Barbara A. Bard would appreciate it if you could speak during Citizens'
Speak Time in favor of this Ordinance. Your input would
be greatly appreciated.
This meeting has been scheduled for Monday, June 7, 2010
at 7:00, and is held in the auditorium at the Agawam
Middle School, 68 Main Street, Agawam.
Thank you for your time and assistance.
Sincerely,
4C
Robert A. Magovern
TELEPHONE Agawam City Council
(413) 786-0400,Ert. 233
RAM/bb
FAX
(413) 786-9927
EMAIL
bbard@oguwain.m a.us
TOR-2010-1
AN ORDINANCE REGARDING DRAG RACING WITHIN THE TOWN OF
AGAWAM
(Sponsored by Councilor Magovern)
WHEREAS, drag racing poses a significant threat to the safety of the
residents of the Town of Agawam and others who use the public ways;
WHEREAS, neighboring communities have requested and been granted
Special Legislation to prevent drag racing within their communities;
WHEREAS, drag racing has migrated from neighboring communities in
the Town of Agawam;
WHEREAS, it is in the best interest of the Town of Agawam to propose
and support special legislation;
NOW THEREFORE, BE IT ORDAINED AND ENACTED BY THE
AGAWAM CITY COUNCIL to petition the General Court to the end that
legislation be adopted precisely as follows. The General Court may make
clerical or editorial changes of form only to the bill, unless the Agawam City
Council approves amendments to the bill before enactment by the General
Court. The Agawam City Council hereby authorizes to approve amendments
which shall be within the scope of the general public objectives of this petition:
AN ACT RELATIVE TO DRAG RACING IN THE TOWN OF AGAWAM
Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding Section 17B of Chapter 90 of the General Laws or
any other general or special law to the contrary, the state police and the Agawam'
police department may impound any motor vehicle used in the Town of Agawam
by an owner or operator to accelerate at a high rate of speed in competition with
another operator, whether or not there is an agreement to race, whether or not
there is increased noise from skidding tires or amplified noise from racing
engines, so-called drag racing, until such time as a forfeiture hearing can be
heard in the manner set forth in Sections 2 and 3.
SECTION 2. (1) The following items shall be subject to forfeiture:-
(a) any motor vehicle used or intended to be used to violate Section 17B of
Chapter 90 of the General Laws or used to facilitate a violation of said Section
17B of said Chapter 90 in the Town of Agawam, but no forfeiture under this act
shall extinguish a perfected security interest held by a creditor in a motor vehicle
at the time of filing of the forfeiture action; and
(b) any money, negotiable instrument, securities or other thing of value furnished
or intended to be furnished in exchange for violating said Section 17B of said
Chapter 90 or for facilitating a violation of said Section 17B of said Chapter 90 in
the Town of Agawam.
(2) The following exemptions shall apply:-
(a) no motor vehicle used as a common carrier in the transaction of business as
a common carrier shall be subject to forfeiture, unless the owner or other person
lawfully in charge of such motor vehicle consented to or participated or intended
to participate in the violation or facilitation of a violation of Section 17B of Chapter
90 of the General Laws;
(b) no motor vehicle used or intended to be used to violate said Section 17B of
said Chapter 90 or to facilitate a violation of said Section 17B of said Chapter 90
shall be subject to forfeiture by reason of any act or omission established by the
owner thereof to have been committed or omitted by any person other than such
owner while such motor vehicle was unlawfully in the possession of a person
other than the owner in violation of the criminal laws of the United States, the
commonwealth or any state; and
(c) no motor vehicle shall be subject to forfeiture unless the owner knew or
should have known that such motor vehicle was used or intended to be used to
violate or to facilitate a violation of said Section 17B of said Chapter 90.
SECTION 3. The Hampden County Superior Court shall have jurisdiction under
any action brought pursuant to this act.
(a) The city may petition the Superior Court in the name of the city in the nature
of a proceeding in rem to order forfeiture of a motor vehicle, money or other
things of value subject to forfeiture under Section 2. Such proceeding shall be
deemed a civil suit. Any person claiming a right in the property subject to
forfeiture shall have the right to claim a trial by jury, but if such right is not
claimed, the right to trial by jury shall be waived. In all such suits where the
property is claimed by any person other than the city, the city shall have the
burden of proving the existence of probable cause to institute the action, and any
such claimant shall then have the burden of proving that the property is not
forfeitable pursuant to Section 2. The court shall order the city to give notice by
certified mail to the owner of the motor vehicle, moneys or other things of value
and to other persons who appear to have an interest therein, and the court shall
promptly hold a hearing on the petition. Upon motion of the owner of said motor
vehicle, moneys or other things of value, the court may continue the hearing on
the petition pending the outcome of any criminal trial related to the violation of
Section 17B of Chapter 90 of the General Laws, and upon a finding of not guilty,
the court shall dismiss the forfeiture petition. At such forfeiture hearing the court
shall hear evidence and, if no jury has been requested, make findings of fact and
conclusions of law, and shall thereupon issue a final order, from which the parties
shall have such right of appeal as is provided by law. In all such suits where a
final order results in a forfeiture, said final order shall provide for disposition of
the motor vehicle, moneys or other things of value by the city in any manner not
prohibited by law, including official use by an authorized law enforcement or
other public agency; or by sale at public auction or by competitive bidding. The
proceeds of any such sale shall be used to pay the reasonable expenses of the
forfeiture proceedings, seizure, storage, maintenance of custody, advertising and
notice, and the balance thereof shall be deposited in the general fund of the city
pursuant to Section 53 of Chapter 44 of the General Laws and shall be
appropriated to the police department.
SECTION 4. Whoever violates Section 17B of Chapter 90 of the General Laws in
the Town of Agawam shall, in addition to forfeiture of the motor vehicle as set
forth in Section 3, also be punished by a fine of not less than $500 nor more than
$1,000, and the registrar shall suspend such operator's license for a period of not
less than 60 days. A subsequent violation shall be punished by a fine of not less
than $2,000 nor more than $5,000 and a suspension of such license for a period
of not less than 6 months.
SECTION 5. This act shall take effect upon its passage.
DATED THIS DAY OF 2010.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, Solicitor
Agawam Police Department
Megalo
Tw. Atty. Vincent Gioscia
Frorm Lieutenant Eric Gillis
CC: Chief Robert D. Campbell
Date: April 5,2010
Re. Drag Racing Resolution
Attorney Gioscia,
I am pleased to hm that the Agawam Town Council is considering a resolution to deal with
the dangerous problem of"drag racing" in our community. As both you and the council are
aware, the City of Springfield has an ordinance that addresses this problem by seizing the
vehicles of individuals who are caught engaging in these activities within the City limits.
Here in Agawam,we have witnessed a marked increase in the amount of"drag racing"since
the City of Springfield adopted this ordinance several years ago.It is clear that our increase is
the direct resuft of the existence of the Springfield ordinance. However, I must tell you that
the vast majority of the activity we have experienced occurs on Route 57, which is a State
Highway. We have worked closely with the Massachusetts State Police to combat this
problem, but ultimately that agency has primary jurisdiction on this roadway. Therefore,
enforcement of an ordinance similar to that of Springfield may prove to be difficult as a result
of the Commonwealth's control of this portion of roadway.
With that said,I cannot overstate the deterrent value that the Town's adoption of a resolution
of this nature would have.The Springfield ordinance demonstrates that the prospect of losing
one's vehicle far outweighs any fears of criminal prosecution that individuals engaged in
"drag racing"harbor. Just the very existence of a similar resolution in Agawam would likely
encourage would-be"drag racers"to take their dangerous and illegal activities elsewhere.
I firmly believe that the adoption of a resolution on "drag racing".will decrease the levels of
activity that we are currently experiencing.Ultimately this decrease will enhance the safety of
our residents and of all those who travel through our town.
Respectfu Ily,
Lt.Eric Gillis 111.4JO '0113
TOR-201 0- 1
AN ORDINANCE REGARDING DRAG RACING WITHIN THE TOWN OF AGAWAM
(Sponsored by Councilor Magovern)
WHEREAS, Drag racing poses a significant threat to the safety of the residents
of the Town of Agawam and others who use the public ways; 00144�
WHEREAS, neighboring communities have reques�t , nd been granted Special
Legislation to prevent drag racing within their communiti ,
WHEREAS, drag racing has migrated from 'k ring co ities in the Town
of Agawam,
WHEREAS, it is in the best interes 0 Town f Agawam t pose and
support special legislation,
NOW THEREFORE, BE IT',,%�AINED AN 'N, CTED BY THE AGAWAM
CITY COUNCIL to petition the Gener urt to the en, at egislation be adopted
precisely as follows. The General Co x ke clerica itorial changes of form
only to the bill, unless the Agawam City ound ii, es am ndments to the bill before
enactment by the General Court. The gaw -ouncil hereby authorizes to
approve amendments all be within Ke s ope o he general public objectives of
this petition:
AN ACT RELATIVE AG ING IN T OWN OF AGAWAM.
Be it acted by Sena nd House of Representatives in General Court
ass d, and by the ori same, as follows:
SECTION 1. - ithstanding Section 17B of Chapter 90 of the General Laws or any
other general or"O' , ciairlaw to the contrary, the state police and the Agawam Police
Department may impound any motor vehicle used in the Town of Agawam by an owner
or operator to accelgrate at a high rate of speed in competition with another operator,
whether or not there is an agreement to race, whether or not there is increased noise
from skidding tires or amplified noise from racing engines, so-called drag racing, u'ntil
such time as a forfeiture hearing can be heard in the manner set forth in Sections 2 and
3.
SECTION 2. (1) The following items shall be subject to forfeiture:-
(a) any motor vehicle used or intended to be used to violate Section 17B of Chapter 90
of the General Laws or used to facilitate a violation of said Section 17B of said Chapter
90 in the Town of Agawam, but no forfeiture under this act shall extinguish a perfected
security interest held by a creditor in a motor vehicle at the time of filing of the forfeiture
action; and
(b) any money, negotiable instrument, securities or other thing of value furnished or
intended to be furnished in exchange for violating said Section 17B of said Chapter 90
or for facilitating a violation of said Section 17B of said Cha r 90 in the Town of
Agawam.
(2) The following exemptions shall apply:-
of business as a
(a) no motor vehicle used as a common carrier i : - e ransacti
common carrier shall be subject to forfeiture, un) - th owner or o erson lawfully
in charge of such motor vehicle consented to participated or intend a icipate in
the violation or facilitation of a violation of�dico"n 1713�bf Chapter 90 e General
Laws;
(b) no motor vehicle used or intende to be used to Mlate said Section 17B of said
Chapter 90 or to facilitate a violatio 'd Section 1 f said Chapter 90 shall be
subject to forfeiture by reason of any . � ission esta He-"- by the owner thereof
V_k - W.
to have been committed or omitted by�any p ther than such owner while such
Al
motor vehicle was unlawfully in the posVs it-n o on other than the owner in
violation of the crimina Ahe United 9, tes, the c, monwealth or any state; and
(c) no motor vehipf Nil be s Rect to foffe-i e unless the owner knew or should have
known that such oto icl used r in n ed to be used to violate or to facilitate
a violation of sai ectio all, C, M e 10,
SECTI 3. The a I --den nty Superior Court shall have jurisdiction under any
actio... ughtpursuan Ithisa
(a) The ct ay petition t,, Superior Court in the name of the city in the nature of a
proceeding i . to) orde rfeiture of a motor vehicle, money or other things of value
subject to forfeltR unde - ection 2. Such proceeding shall be deemed a civil suit. Any
person claiming a � the property subject to forfeiture shall have the right to claim a
-y, but if u. "right is not claimed, the right to trial by jury shall be waived. In all
trial by jury, but if
such suits where th property is claimed by any person other than the city, the city shall
have the burden of proving the existence of probable cause to institute the action, and
any such claimant shall then have the burden of proving that the property is not
forfeitable pursuant to Section 2. The court shall order the city to give notice by certified
mail to the owner of the motor vehicle, moneys or other things of value and to other
persons who appear to have an interest therein, and the court shall promptly hold a
hearing on the petition. Upon motion of the owner of said motor vehicle, moneys or
other things of value, the court may continue the hearing on the petition pending the
outcome of any criminal trial related to the violation of Section 17B of'Chapter 90 of the
General Laws, and upon a finding of not guilty, the court shall dismiss the forfeiture
petition. At such forfeiture hearing the court shall hear evidence and, if no jury has been
requested, make findings of fact and conclusions of law, and shall thereupon issue a
final order, from which the parties shall have such right of appeal as is provided by law.
In all such suits where a final order results in a forfeiture, said final order shall provide
for disposition of the motor vehicle, moneys or other things of value by the city in any
manner not prohibited by law, including official use by an authorized law enforcement or
other public agency; or by sale at public auction or by co; etitive bidding. The
proceeds of any such sale shall be used to pay the reas- Je expenses of the
forfeiture proceedings, seizure, storage, maintenance o ustody, advertising and
notice, and the balance thereof shall be deposited 1i eral fund of the city
pursuant to Section 53 of Chapter 44 of the General L , s an 11 be appropriated to
the police department. N
SECTION 4. Whoever violates Section 17B ha terQO of the Ge L ws in the
Town of Agawam shall, in addition to forfei the"�-_notor vehicle s 'et forth in
Section 3, also be punished by a fine of not less 00 -or more than $1,000, and
the registrar shall suspend such operator's license eriod of not less than 60 days.
A subsequent violation shall be pu , is ed by a fine A less than $2,000 nor more
than $5,000 and a suspension of suc - , e for a perio ot ess than 6 months.
SECTION 5. This act shall take effect up- its s
DATED THIS D i k' , 2010,
PER ORDER OFT, GAW . 'CITY COMCIL.
Donald Rheault, P 'dentl
AP ARU ASTOFO ND KALITY
Vincent F. Gioscia r
84,109/2010 10:56 4137976502 CITY CLERKS PAGE 01/04
Wayrnan Lee, Esq.
City Clerk
City Clerk's Office
36 Court Stroal-Room 123
SpringReld,MA 01103
Office: (413)787-6096
Direct Dial:(413)787-6589
FaA: (413)787-6502
Email:wleePspdr%gfleldcMall.com
THE CITY OF SPRINGFIELD, MASSACHUSETTS
TELECOMMUNICATION COVER SREET
TO: NAME: .-IdAe-440Ae"19
COMPANY NAMIE & ADDRESS: Cr�cfce� d44=
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TOTAL N-UMBER OF PAGES FAXED rNCLUDING COVER SHEET:
DATE OF TRANSNMTAJL;
FROM: NAME:
V
COMMENTS:
CONFIDENTIALITY NOTICE
The document(s)accompanying this telecopier transmission contains information from the City
of Springfield's City Clerk's Office which may he confidential and/or privileged. The information
is intended only for the use of the individual(s) or the named entity on this'transmission sheet
If you are not the intended recipient, you are hereby notified that any disclosure, copying,
distribution, or taking of any action in reliance on the contents of this telecopied information Is
strictly prohibited and that the document should be returned to the City Clerk's Office
immediately. in this regard, if you have received this telecopy in error, please notify us by
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WITH THE TRANSMISSION OF THESE DOCUMENTS
04/08/2010 10: 56 4137876502 CITY CLERKS PAGE 02/04
UZ.40pm Fram- T-5Z4 P.01/02 F-300
LINDA J. MELCONIAN
MASSACHUSETTS SENATE
STATE HOUSE, 205TON 02133-1052
eosmm DISTRICT OFMCIE:
STA,rG HOU513, Room$11 B 4964 UNION STREET
B03TON. MA 02133 WEST SFMINGFIELD. MA W089
TeL.(617) 722-leoO TEL.(4131765-0020
FAX(617) ZaS-WeS FAX(413) 789-0821
July 30, 2003
Williarn J. Metzger
City Clerk, City of Springfield
Citv Clerk's Departxueni
36 Court Street
Springfield, NIA 01103
Dear Mr,Metzgcv
I am wTiting to inform you that the Counsel of the Massachusetts Senate, David Sullivan,
has determined that it is appropriate and lawful to amcnd a home rule petition wkLile it is
under consideration by the General Court.
Mr. Sullivan has determined that under the precedent ser by Clean ffor-burs ofBraintree,
Inc, v. Board qfHealfh, 415 Merss. 876 (J993) and Gordon v. SheriffofStiffolk Counly,
411 Mass� 238 (1991) the city may amend its dra g racing home nde petition wUe it is
under considerarion by the General Court. The City Council and the Mayor must
approve this amendment in the smiie maimer as the on-ginal petition. Ile amendment
will then be substituted for The original text wd the bill can continue through the
legislative process.
If you bave any additional questions about this process,pleasc do not hesiTaw To contact
my legal counsel, Chris Calabrese.
i9' erely,
INDA I COMAN
State Sei i
04/08/2010 10. 56 4137B76502 CITY CLERKS PAGE 03/04
T-024 P.02/UZ F-209
moves to amend the petition to the Ocnero[Court emitled "An Act
Ralative to Drag Racing in the City of Springfield"by scriking out Soction 2 and inscrrin in place diefcof
the following=dow-
SIECTION 2. (1) The following imms shall be subject to forFaiturt:
(a) joy motor vehicle vsed or intmded to be UW to vioiarc section 178 of chapter 90 of the
General laws or used to facilitate a violation of said section 178 of said chapter 90 in tbc City of
Springfield,except that no forfeitum under this eor sball mringuish A perfecrcd security interest held by a
creditor in a motor vehiclo at the time of filing of the farfeinve action;and
(b) any money,negotiable inslrumen� securidcs or odher thing of value furnished or intended to
be fumi0ed in exchange for violating mid 2ecrion 17B of said ebapter 90 or for facilitating a violation of
iaid section 17B of said chapter 90 in the City orSpriagfield,
(2) The following exemptions shall FLpply:
(a) no motor vebicle used as a common cArrier in the rransactiou of busiriess as a common Carrier
shall be subject to forfeintre,unless the owner or odier persm lawfully in chuge of suc.1h motor vehiclo
conscmted to or participated orintended.to participate in the violarion or facilitation of et violation of said
section 17B of sold chaptcr 90;
(b) no motor vehicle used or inten dcd to be used to vialate said section 17B of said chapter 90 or
to facilimm a violation of said section 178 of said c1hapter 90 shall be subject to fbT&ituTe by reason of any
act or omission established by The owner thereof to hnve been committed or omitted by any person otber
thari such owner while sucb motor vdiole-%va3 unlawfully io the possession of a person other thati The
owner in Yioladon of dic criminal laws of the United Smtcs,the commonwealth or arry st3tc;and
(c) no Tnotor vehicle sball be subject to forNwre unles.9 the owner knew or should have known
that such motor velticle was used or intended to bo used to violate or to f�cilimfc a violation of said section
17B of said chapter 90.
@4�08/2010 .10:56 4137876502 CITY CLERKS PAGE 04/e4
-CIJX OE S?,RJN !QF1JE-LJD
In the City Council August 18, 2003
WHEREAS, the General Court has requested some technical changes to the
.Special Act entitled"An Act Relative to Drag Racing in the City of Springfield."
NOW, THEREFORE, BE IT ORDERED,that City Council and the Mayor of
the City of Spiingficld hereby amend the pe�don to the General Court entitled "An Act
Relative to Drag Racing in the City of Spring6eld"by striking out Section 2 and
inserting in place thereof the following section:-
SECTION 2. (1) The following items shall be subject to forfeiture:
(a) any motor vellicle used or intended to be used to violate section 171B of
chapter 90 of the General laws or used to facilitate a violation of said section 17B of said
chapter 90 in the City of Spxingfield, except that no .forfeiture under this act shall
extinguish a perfected secuxity interest held by a creditor in a motor vehicle at the tizne of
filing of thehorfeiture action; and
(b) any money, negotiable instrun:ient, securities or other diing of value fuxuished
or intended to be Rimisbed in exchange for violating said section 17B of said chapter 90
or for facilitating a violation of said section 17B of said chapter 90 in the City of
Springfield.
(2) The following exemptions shall apply:
(a) no motor vebicle used as a conmon canier in the transaction of business as a
common carrier shall be subject to forfbiture,unless the owner or other person lawfally
in charge of such motor vehicle consented to or parficipated or intended to participate in
the violation or facilitation of a violation of said section 17B of said chapter 90;
(b) no motor vehicle used or intended to be used to violate said section 17B of
said chapter 90 or to facilitate a violation of said section 17B of said chapter 90 shall be
subject to forfeiture by reason of any act or omission established by the owner thereof to
have been committed or ornitted by any person other than such owner while such motor
vehicle was unlawfully in the possession of a person other than the owner in violation of
the criminal laws of the United Statt-.s, th-e- r.ommqnwealth or any state; and
(c ) no motor vehicle shall be subject to forfeiture unless the ownerknew or
should have known that such motor vehicle was used or intended to be used to violate or
to facilitate a violafion of said section 17B of said chapter 90.
A true copy of an Order passed by the City Council on August 18, 2003 and
approved by the Mayor on August 19, 2003.
Attest* City Clerk
04/e8/2010 10:56 4137876502 CITY CLERKS PAGE 02/04
7V I-:IU-Uv' UZ-.40prn From- T-EZ4 P.0 1/02 F-309
-cx
LINDA J. MELCONIAN
(7)
MASSACHUSETTS SENATE
STA-M HJ5USC� 80!)TON 02133-10!32
BOSTON OPPCC� D15'rRICT Oprice-
ST-Tri House, Room aii B 664 UNION STREET
B03TON. MA 02133 WEST SPRINGFIELD, MA C1089
Tt��(6171722-1000 TEL.1413)785-0820
FAX(817) 248-079S FAX(413) 789-0821
JUly 30, 2003
William J.Metzger
City Clerk, City of Springfield
Qtv Clerk's Department
36 Court Sveet
Springfieldt M. 01103
Dear Mr. Metzger:
I am w7iting to inform you that the Counsel of Lbe Massachusetts Senate, David Sullivan,
has derermined that it is appropriate and lawful to amcrid a home n1le petition while h is
under consideration by the General Coum
Mr. Sullivan has determined that under the precedent set by Clean Uar-burs ofBrainrree,
Inc. v. Board qfHealth, 415 Mass. 876 (1993) and Gordon v. SherffqfSqff(?1k County,
411 Mass. 238 (1991) the city may amend its drag racing home nile petition wUe it is
under consideration by�ie General Court. The City Council and the Mayor must
approve this amendment in the sayne mamer as the wiginal petition. The ameadment
ivill then be substitt;ted for The oxiginal text wid the bill can contimie through the
legislative process.
If you bave any additional questions about this process,please do not hesiraic to contact
my legal counsel, Chris Calabrese.
9, exely,
a4.--
INDA J, COMAN
LCC)M
State Sena Pt
04/08/2010 10: 56 4137876502 CITY CLERKS PAGE 03/04
07-30-02 -02:40pt f 1-oar
T-924 P�02/OZ P-309
moves to amend the petition Lo the Ocrieni Court eniftled "An Act
Ralative to Drag Raciag to the City of Springfield"by gryMng our SecTiom 2 and in3crting in place diercof
The Mowing gectiow-
SECTION 2. (1) The following items shall be subject to forfeiture:
(a) 4ny naoror vehicle used or intendc4 to be used to Aolare secrion 17B of chapter 90 of the
General lzkw3 or used to facilwne B violation of said socrion 178 of sold chapter 90 in the Cirty of
Springfield,excepr that no forfeiture undar thi3aiar shall extinguish zk perfected secarity interest beld by a
creditor in 3 Motor vehicla at the Time of filing of the forfeinirc actoa;and
(b) any money,negotiable ins"Tnent, securities or odier diffig of value flurnighed or intended to
be furnished in cxchange for violating&aid!tection 17B of said chapter 90 or for fizcilitaTing a violation of
s�d section 17B of said ebaprer 90 in the City Of Spriagficld.
(2) 7he following exemptions shall npply:
(a) no motor vehicle used as a common tbxrier in the TransactioD of businm as a common carrier
shall be subject to forfeiture,unless the owner or odier person Idwfully in chatge of surlh motor vehicle
consented to or parTicipated or.liamided to paiticipaie In the violaTion or facilitation of ft violation of said
section 17B of sald chzprcT 90-.
(b) no rn otor veWcle-used or intended to be used to violaTe said scction 175 of said ChApttT 9 0 or
to faailimtt a violation of said scetion 1713 of said chapter 90 shFJl be subject to f6r&iturt by reason of any
act or ornission established by The owner thereof ro have been wrnTnitted or omitted by any perscin other
than such owner while sucb motor vehiole was unlawffilly in ibe possession of a p0mon.other then the
owner in Yiolatioa of the criminal laws of the United States,the commonwealth or any state;and
(c) no motor Ychicle sball]be subject to forfeiture unless Lhe owner know or should have k4own
That such motor vehicte was used or intended cc)bo-used to violate or to ft-ilitate a violation of said 3ection
17B of said chapter 90.
PAGE 04/04
04/08/2010 10: 56 4137876502 CITY CLERKS
CITX OF SERJNQFI_J9LP
Jn the City Council August 18, 2003
WHEREAS, the Crenerad Court has requested some technical changes to the
,Special Act entitled "An Act Relative to Drag Racing in the City of Springfield."
NOW, THEREFORE,BE IT ORDERED,that City Council and the Mayor of
the City of Springfield hereby amend the petition to the General Court entitled "An Act
Relative to Drag Racing in the City of SpringfieW by strildng out Section 2 and
inserting in place thereof the following section:-
SECTION 2. (1) The following items shall be subject to forfeiture:
(a) any motor velucle used or intended to be used to violate section 17B of
chapter 90 of the General laws or used to facilitate a violation of said section 17B of said
chapter 90 in the City of Springfield, except that no.forfeiture under this act shall
extinguish a perfected security interest held by a creditor in a motor vehicle at.the time of
fib3ng of tbehoribiturc action; and
(b) any money, negotiable instrument,securities or other thing of vaJue furnished
or intended to be Rimisbed in exchange for violating said section 17B of said chapter 90
or for facilitating a violation of said sccfion 17B of said chapter 90 in the City of
Springfield. - 11
(2) Tbe following exemptions shaU apply-
(a) no motor vehicle used as a common carrier in the transaction of business as a
common carrier sh all be subject to forfeiture,unless the owner or other person lawfully
in charge of such rn otor vebidle consented to or participated or intended to participate in
the violation or facilitation of a violation of said section 17B of said chapter 90;
(b) no motor vehicle used or intended to be used to violate said section 17B of
said chapter 90 or to facititate a violation of said section 17B of said chapter 90 sball be
subject to forfeiture by reason of any act or ornission established by the owner thereof to
b ave been committed or omitted by any person other than such owner while such motor
vehicle was unlawfully in the possession of a person other than the owner in violation of
the criminal laws of the United Stateq, the. or arty state; and
(c ) no motor vehicle shaJ] be subject to-forfeiture unless the owner knew or
should have known that such motor vehicle was used or intended to be used to violate or
to facilitate a violation of said section. 17B of said chapter 90.
A true copy of an Order passed by the City Council on August IS, 2003 and
approved by the Mayor on August 19, 2003,
Attest* City Clerk
Agawam Law Department
Memo
To: Robert Magovern
From: Vincent Gioscia, Esq.4
CC:
Date: March 8, 2010
Re: Drag Racing Resolution
Councilor Magovem�
I am attaching a draft resolution regarding drag racing within the Town of Agawam. As you are aware
traffic offenses are addressed and governed by M.G.L. c.90. As a result Agawam can not pass its own
ordinance as the subject matter has been preempted by the state statute. Therefore, Agawam must
petition the State Legislature to pass a special act in order to accomplish the goal. 0
I have also contacted Lt. Gills of the Agawam Police Department for his opinion and he recommended
that Agawam pursue the matter. I have requested a fornal memorandum from Lt. Gills and will forward
it upon receipt. If there is any additional language you would like added after your review please
forward it and I will edit it into the resolution,
C.)
�F
C� 3 W1 P,
TR-201 0-
A RESOLUTION REQUESTING SPECIAL LEGISLATION REGARDING DRAG
RACING WITHIN THE TOWN OF AGAWAM
(Sponsored by Councilor Magovern)
WHEREAS, Drag racing poses a significant threat to thp
,,,safety of the residents
of the Town of Agawam and others who use the public ways;
WHEREAS, neighboring communities have requeste and been granted Special
NN
Legislation to prevent drag racing within their communities;
WHEREAS, drag racing has migrated fro, nei "'boring communities in the town
of Agawam. I'll
k,
WHEREAS, it is in the best interest of t e . own of,,Agawarn ose and
support special legislation,
%111
NOW THEREFORE, the Agawaffi,�City Council hei%by resolves to support and
request said special legislation and to requestUhat Repres`e/R/f4ti'v/e Sandlin and Senator
Bunoniconti introduce the following legislation:'
AN ACT RELATIVE TO R,,�A-G RACING INffHE TOWNKF AGAWAM.
%
Be it enacted by t 0.-,Senate and House, -of Representatives in General Court
%
assembled, and by the a 't rity ofith-e3IM As follows:
S E 1^"00",
g sec i' n 17B of chapter 90 of the General Laws or any
Notwithsta6 in
other generp%or special ra' to tl�e contrary, the state police and the Agawam police
A0
department M�iy�,impound WAY motor vehicle used in the Town of Agawam by an owner
or operator to a&elerateyat a high rate of speed in competition with another operator,
WM�-" - ?//
whether or not therm
g�an agreement to race, whether or not there is increased noise
IWO
from skidding tires qjr amplified noise from racing engines, so-called drag racing, until
such time as a forfeiture hearing can be heard in the manner set forth in sections 2 and
3.
SECTION 2. (1) The following items shall be subject to forfeiture:-
(a) any motor vehicle used or intended to be used to violate section 17B of chapter 90
of the General Laws or used to facilitate a v-o'lation of said section 17B of said chapter
90 in the Town of Agawam, but no forfeiture under this act shall extinguish a perfected
security interest held by a creditor in a motor vehicle at the time of filing of the forfeiture
action; and
(b) any money, negotiable instrument, securities or other thing of value furnished or
intended to be furnished in exchange for violating said section 17B of said chapter 90 or
for facilitating a violation of said section 17B of said chapter 90 in the Town of Agawam.
(2) The following exemptions shall apply:-
A&i
(a) no motor vehicle used as a common carrier in the transact bn, of business as a
common carrier shall be subject to forfeiture, unless the owner or other person lawfully
in charge of such motor vehicle consented to or participated oq'i0tended to participate in
the violation or facilitation of a violation of section 1713,of chapter 90 of the General
Laws;
(b) n o motor vehicle used or intended to be used to violate said section,17B of said
chapter 90 or to facilitate a violation of said -section 17&.of said chapt6990 shall be
subject to forfeiture by reason of any act or omission: esta 'lished by the owner thereof
to have been committed or omitted by any person -'er than such owner while such
motor vehicle was unlawfully in the�,.possession of a erson other than the owner in
P,/�:.
<' Aonwealth or any state; and
violation of the criminal laws of the Un'ited�,States, the comr
(c) no motor vehicle shall be subject to f6rfeiMPM,44hLIess the.pwner knew or should have
VIle ',`bsed to violate or to facilitate
known that such motor vehicle was used or in " "
6
,Vnded�
a violation of said sect io nM�7qM of said chapt ;190.
SECTION 3. The,4H"ampden 6ounty supeno6court shall have jurisdiction under any
W
action brought pursuaftto this act,
00
(a) The city�,rnay� �,superior co in the name of the city in the nature of a
,petition t 8:
XV, 4Wf�
p roceV
g in rem to order foff�-iiture of a motor vehicle, money or other things of value
subjec0io forfeiture urid66:sectioM,�vSuch proceeding shall be deemed a civil suit. Any
person'blaiming a right iml.'the propefty subject to forfeiture shall have the right to claim a
trial by jur-, ut if such righ-Vis norclaimed, the right to trial by jury shall be waived. In all
such suits t e prope: y is claimed by any person other than the city, the city shall
have the ur e n' the existence of probable cause to institute the action, and
any such clai a xi
11 then have the burden of proving that the property is not
forfeitable pursuant section 2. The court shall order the city to give notice by certified
mail to the owner of the motor vehicle, moneys or other things of value and to other
persons who appear to have an interest therein, and the court shall promptly hold a
hearing on the petition. Upon motion of the owner of said motor vehicle, moneys or
other things of value, the court may continue the hearing on the petition pending the
outcome of any criminal trial related to the violation of section 17B of chapter 90 of the
General Laws, and upon a finding of not guilty, the court shall dismiss the forfeiture
petition. At such forfeiture hearing the court shall hear evidence and, if no jury has been
requested, make findings of fact and conclusions of law, and shall thereupon issue a
final order, from which the parties shall have such right of appeal as is provided by law.
In all such suits where a final order results in a forfeiture, said final order shall provide
for disposition of the motor vehicle, moneys or other things of value by the city in any
manner not prohibited by law, including official use by an authorized law enforcement or
other public agency; or by sale at public auction or by competitive bidding. The
proceeds of any such sale shall be used to pay the reasonable expenses of the
forfeiture proceedings, seizure, storage, maintenance of custody, advertising and
notice, and the balance thereof shall be deposited in the general fund of the city
pursuant to section 53 of chapter 44 of the General Laws and shall be appropriated to
the police department.
SECTION 4. Whoever violates section 17B of chapter?90 o ., h;
f, e General Laws in the
0
v
Town of Agawam shall, in addition to forfeiture of the,� moto jti le as set forth in
section 3, also be punished by a fine of not less thah,�50.0 no r than $1,000, and
the registrar shall suspend such operator's licenseffor a�`period 11 'ss than 60 days.
A subsequent violation shall be punished b //;:z ne of not less than'$'P,,,000por more
than $5,000 and a suspension of such license f%,a
ywu perioa?/of not less thaymi'Vonths.
SECTION 5. This act shall take effect upon its passager
% V
DATED THIS DAY OF 2010.
PER ORDER OF THE AGAWAM CITY OOUNGRX�,�
Donald M. RheaultAPFbsident W-�
APPROVED AS TO FORW/ANDT,�E'GAUT
V/
Mr
r%,awv
ARE, W1110L,
Vinc'enf'17A, 0 r�ll
,,,,Gioscia Solid-f."'
Page I of I
6'ar6ara bard
From: neighborl2@aol.com
Sent: Monday, March 08, 2010 3:21 PM
To: barbara bard
Subject: Fwd: Land
Hi
I want to sponsor this. Can you put it on the agenda for discussion.
Give me a call with any questions,
Bob
Robert Magovern
President
Neighbor to Neighbor of America Inc
(800)474-7777 cell 413-885-0430
Visit our website
--Original Message --
From: bgagawam@aol.com
To: neigh borl 2@aol.com
Sent: Mon, Mar 8, 2010 2:57 prn
Subject: Land
Robert Magovern,
Regaurding 12 Acres-of land on School Street owned by Fether Inc. 12 School street, Pacel#M10 310. Would like
concil to approve the donation to town.
Thank You,
Betty Grimaldi
3/11/2010
Vince Gioscia
From: Vince Gioscia
Sent: Monday, March 08, 2010 10:59 AM
To: Eric Gillis
Lt. Gillis
Recently I spoke to you regarding a drag racing Resolution for the town of Agawam, would
you send me the brief memo we discussed.
Thanks,
Vince
01127/2010 12:57 4137B765e2 CITY CLERKS PAGE 01/07
Wayman Lee,Esq.
City Clerk
City Clerk's Office
26 Coutt Streak-Roorn 123
Spdngfield,MA 01103
Offlea- (413)787-6096
Dired OW:(413)787-6589
Fax: (413)787-6502
Email:M�tet@_spflrkgf_1aldciNh�&r�Q_m
CITY OF SPRINGFIELD, MASSACHUSETTS
TEL ON04UNICATION COV R SIMET
TO- NAM Zl�
COMPANY NAI%M & ADDRESS:
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FROM: NAMIE:
CONFIDENTIALITY NOTICE
The document(s) accomparfying this telecopier transmLssion contains information from the City
of Springfield's City Clerk's Office which may be confidential and/or privil-eged. The information
is intended only for the use of the individual(s) or the named entity on this transmission sheet
If you are not the intended recipient, you are hereby notified that any disclosure, copying,
distribution, or taking of any action in"rellance on the contents of this telecopied information is
strictly prohibited and that the document should.be returned to the City Clerk's Office
immediately. In this regard, if you have received this telecopy in error, plea!�e notify us by
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either via United States Postal Service or by the method of delivery sppcified by the sender-
PLEASE CALL (413) 787-6096 IF THERE ARE ANY PROBLEMS
WITH THE TRANSMISSION OF THESE DOCUMENTS
t-L i Y ULLWS PAGE 02/P
CHAPTER 94 OF T14E ACTS OF 2003 Page I of 2
Chapter 94 of the Acts of 2003
AN ACT RELATIVE TO DRAG RACING IN T14E CITY OF SPRINGFIELD.
Be it enacted by the Senate and House of Rqpresentotives in General Court aisembled and by the
authoriry qfthesayne, asfollows:
SECTION L Notwithstanding E�q�q&JZB pf"chapter-90 of the General Laws or any other general or
special .law to the contrary, the state police and the Springfield police department may impound any
motor vehicle used in the city of Springfield by an owner or operator to accelerate at a highrate of speed
in competition with another operator, whether or not there is an agreement to race, whether or not there
is increased noise fiom skid&ng tires or arnpMed noise from racing engincs, so-called drag racing, until
such time as a forfeiture hearing can be heard in the manner set forth in section.s 2 and 3.
SECTION 2. (1) The following items shall be subject to forfeiture-.-
(a)any motor vehicle used or intended to be used to violate s�OLQn.�f�cha t�eL9,Q of the General
Laws or used to facilitate a violation of said section 17B of said cha i ptcr 90 in the city of Springfield, but
no forfeiture under tM3 act shall extinguish a perfected secuxity interest held by a creditor in a motor
vehicle at the time of:(iling of the forfeiture action; and
(b) any money, negotiable instrument,securities or other thffig of value furnished orintended to be
fumished in exchange for violating said section IM of said chapter 90 or for facilitating a violation of
said section 17B of said chapter 90 in the city of Springfield.
(2)The following exemptions shall apply:-
(a) no motor vehicle used as a common carrier in the transaction of business as a common carrier shall
be subject to forfeiture, unless the owner or other person lawfully in charge of such motor vehicle
consented to or participated or intended to participate in the violation orfacilitation. of a violation of
sectifnj,ZB�qfLcha
pter..�Q of the General Laws;
(b) n.o motor vehicle used or intended to be used to violate said section 17B of said chapter 90 or to
facilitate a violation of said section 17B of said chapter 90 shall be subject to .forfeiture by reason of any
act or omission established by the owner thereof to have been committed or omitted by any person other
than such owner while such motor vehicle was urlawfully in the possession.of a person other than the
owner in violation of the criminal laws of the United States, the commonwealth or any state; and
(c)no motor vehicle shall be subject to forfeiture unless the owner knew or sliould have known that such
motor vehicle was used or inten.ded to be used to violate or to facilitate a violation of said section 1.713 of
said chapter 90.
SECTION 3. The Hampden county superior court shall. have jurisdiction under any action brought
purquant to this act.
(a) The city may petition the superior court in the name of the city in the nature of a proceeding in rem
bttp://www.mass.gov/legis/laws/seslaw03/sIO30094.htm 1/27/2010
U11Y ULLNKS PAGE 03/07
CHAPTER 94 OF T14E ACTS OF 2003 Page 2 of 2
to order forfeiture of a motor vehicle, money or other things of value subject to forfeiture under section
2. Such proceeding shall be deemed a civil. suit. Any person claiming a right in the property subject to
forfeiture shall have the right to claim a tTial by jury, but if such right is not claimed, the right to trial by
jury shall be waived. In all such suits where the property is claimed by any person other than the city,
the city shall have the burden of proving the existcnce of probable cause to institute the action, and any
such claimant shall then have the burden of proving that the property is not forfeitable pursuant to
section 2. The courtshall order the city to give notice by certified mail to the owner of the motor
velticle,moneys or other things of value and to other person,,; who �ppear to have an interest therein, and
die court shall promptly bold a hearing on the petition. Upon motion of the owner of said motor vehicle,
moneys or other things of value, the courtmay continue the hearing on the petition pending the outcome
of any criminal trial related to the violation of-�tqj[gn 17B f chgpter 90 of the General Laws, and upon
a finding of not guilty, the court shall dismiss the forfeiture petition. At such forfeiture hearing the court
shal I bear evidence and, if no jury has been requested, make findings of fact and conclusions of law, and
shall thereupon issue a final order�, from which the parties shall have such right of appeal as is provided
by law. In all such suits where a final order results in a forfeiture, said final order shall provide for
disposition of the motor vehicle,moneys or other things of value by the city in any manner not
prohibited by law, including official use by an authorized law enforcement Or other public agency; or by
sa,le at public auction or by competitive bidding. The proceeds of any such sale shall be used to pay the
reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of custody, advertising
and notice, and the balance theteof shall be deposited in the geiieral fund of the city pursuant to section
�_3 !Qfc,�V�er 44 of the General Laws and shall be appropniated to the police department.
SECTION 4. Whoever violates section 17B of chapter 90 of the Genera) Laws in the city of Springfield
shall, in addition to forfeiture of the motor vehicle as set forth in section 3, also be punished by afin e of
not less than S500 nor more than.S 1,000, and the regiqrar shall suspend such operator's license for a
period of not less than 60 days. A subsequent violation shall be punished by a fin.e of not less than
S2,000 nor more than $5,000 and a suspension of such license for a period of not less than 6 months,
SECTION 5. This act shall take effect upon its passage.
Approved October 16, 2003.
Return to:
List of-La—w-.1-P#ssqd-LLri 2003
or
qq!,nmpnwi�q 119tMassacb1L,%t-tLh—or4e
b.ttp://www.mass.gov/1egis/iaws/seslawO3/sIO30094.htin 1/27/2010
C � �� � ��
U�f Let 4ulv Lz;;)f 41J I d tWOUle CITY CLERKS PAGE 05/07
M.G.1, - Chapter 90, Section 17B Page I of 2
The General Laws of Massachusetts ': 15�arch
Go To'.
PA:RT 1.ADWNISTRATION OF THE GOVE RNMENT
hapte
TW 19V
'C:q p kjx
L
..",I Cot
TITLE XIV-PUBLIC WAYS AND WORKS 9-MAMI-coud.�0M
M04,3
CHAPTER 90. MOTOR VEHICLES AND ArRCRAFT
MOTOR VEHICLES
Chapter 9(1: Section 17B. Drag r2CiRg; PCX121tiCS
[First parap-aph effective until February 26, 2008. For text effective February 26. 2008, see below.]
Section 17B, No person shall operate a motor vehicle, nor shall any owner of sucli vehicle permit it to
be operated, in a maaner where the owner or operator accelerates at a high rate of speed in competition
with another operator, whether or not there is an agreement to race, causibg increased noise from
skidding tires and amplified noise from racing engines, Whoever violates the provisions of tWs section
shall be punished by a fine of not less than one hundred nor more than five hundred dollars and the
registrar shall suspend such operator's license for a period of not less than thirty days. A subsequent
violation shall be punished by a fine of not less than two bundred nor more tbau,oiie thousand dollars and
a suspension of such license for a period of not less than sixty days.
Firstparagraph as amended by 200 7, .199 effective February 26, 2008. For text effective until February
26M. 2008, see above.]
No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated, in
a manner where the owner or operator accelerates at a high rate of speed in competition with another
operator, whether or not there is an agreement to race, causing increased noise from skidding tires and
amplified noise from racing engines. Whoever violates this section shall be punished by imprisonment in
the house of correction for n ot more than 2 1/2 years or by a fine of n ot rn or,e than $1 000. The registrar
shall suspend such violator's license for a period of not less than 30 days for a first offense and for not
less than ISO days for any subsequent violation.
(Second and third paragraphs applicable to violations committed on or qfter March 31, 2007 See 2006'.
428., Sec. 27.]
Notwithstanding the penalties provided in the first paragraph, a bolder of a junior operator's license or
learner's permit who commits a violation of this section shall be punished by a fine of not less than S250
for a first offense and the registrar shall suspend the junior operator's license or learner's permit for I
year, A subsequent violation shall be punished by a fine of not less than S500 and the registrar shall
suspend the junior operator's license or leamer's pen-nit for 3 years. A holder of a junior operator's license
or Icarner's permit who commits a violation under this section shall also be required to complete the State
courts against road rage program sponsored by the trial court and the department of state police.
Ile registrar shall impose a$500 reinstatement fee upon a junior operator who seeks to have his license
or learner's permit reinstated following suspension for a fit-st offense under this section and a S),000
reinstatement fee shall.be imposed upon a junior operator who seeks to have his license or learner's
permit reinstated following suspension for a subsequent violation under this section. A junior operator
whose license is suspcnded ur)der thi,5 section ihall not be eligible for license reinstatement until he also
http://www.mass,gov/lcgisAaws/mgl/90-]7b.btm 1/27/2010
14.J F L+i it?J I b31314 CITY CLERKS PAGE 06/07
M.G1 - Chapter 90., Section 17B Page 2 of 2
completes a program selected by the registrar that encourages attitudinal changes in young drivers who
have committed a violation of the motor vehicle laws and tuitil hc successfully completes a driving test as
required by the registrar. A junior operator whose lean-im-'s permit is suspended under tluis section shall be
required to complete-a program selected by the registrar that encourages attitudinal changes in young
drivers who have committed a violation of the motor vehicle laws and shall be required to reapply for his
learner's permit before he may be issued a license to operate a motor vehicle pursuant to section 8.
http:/Iv,rww m ass.gov/1 egisilawslingi/90-1 7b.htm 1/27/2010
d.r I 4V'LU I Z;Df 4iJ I tJ tb'JU!d CITY CLERKS PAGE 07/07
CHAPTER 199 OF TRE ACTS OF 2007 Page I of I
Chapter 199 of the Acts of 2007
AN ACT INCREASrNG THE PUNISHMENT FOR DRAG RACING.
Be it enacted by the Senate and House qfRepresentatives in Creneral Court mrsemblec4 and by the
authority ofthe same as.follows.-
The first paragraph of section 17B of chapter 90 of thc' General Laws, as appearing in the 2006 Official
Edition, is hereby amended by sttilring out the second -and third sentences and inserting in place thereof
the following 2 sentences:- Whoever violates this section shall be punisbed by imprisonment in the
house of correction for not more than 2 1/2 years or by a Finc of not more than $1,000. The rcgistrar
shall suspend such violator's license for a period of not less than 30 days for a first off-ense andfor not
less than 180 days for any subsequent violation.
4pproved November 28.. 2007.
Retu rn to:
L-i s-Ir.�if.L a m.Pm a Ld-i n— 9�cs s�io�i-
-Qtn-e—r41—QzLir-Lhome pa&e,or
Commonwealth of Massachusetts horne 12mc.
httP://v,rww.mass.gOv/lcgis/laws/seslawO7/sIO70199,htrn 1/27/2010