TR-2010-22 RESOLUTION RE DRAG RACING IN AGAWAM � �■
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Agawam Law Department
Memo
To: Robert Magovern
From: Vincent Gioscia, Esq.
CC:
Date: 4f7/201 0
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.
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 formal 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.
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 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, the Agawam City Council hereby resolves to support and
request said special legislation and to request that Representative Sandlin and Senator
Bunoniconti introduce the following legislation-
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; I
(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 12010.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, President
APPROVED AS TO FORM AND LEGALITY
Vincent F. Gioscia, Solicitor
TR-2010- 22
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 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, the Agawam City Council hereby resolves to support and
request said special legislation and to request that Representative Sandlin and Senator
Bunoniconti introduce the following legislation:
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 vehicie 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 vehi6le 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 176 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 12010.
PER ORDER OF THE AGAWAM CITY COUNCIL
Donald M. Rheault, resident
R
A R ED AS FORM AND LEGALITY
incenl F. Tioscia, Solicitor
INTEROFFICE MEMORANDUM
TO: VINCE GIOSCIA, CITY SOLICITOR
FROM: ROBERT A. MAGOVERN, CITY COUNCIL
SUBJECT: DRAG RACING RESOLUTION
DATE: 2/22/2010
Attached ple ase find a copy of an Act relative to drag racing in the City of
Springfield. I would like to sponsor a Resolution for the City of Agawam with
similar penalties for drag racing (mainly along Route 57).
Upon completion, please contact Barbara in the Council office. Thank you for
your assistance in this regard.
-HA-
0-ki CCPY .
01/27/2010 12:57 4137876502 CITY CLERKS PAGE 02/07
CNAPTER 94 OF THE ACTS OF 2003 Page I of 2
Chapter 94 of the Acts of 2003
AN ACT RELATIVE TO DRAG RACING )rN T14E CITY OF SPRINGFIELD.
Be it enacted by the Senate and House qf Representatives in General Court assembled, and by the
authority qf thesayne, asfintlows:
SECTION I.-Notwithst'anding ,;_ection 17B of chaptcr-90 of the General Laws or any other general or
speciallaw 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 high rate of speed
in competition wi.ih 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, Un.til
such time as a forficiture hearing can be heard in the manner set forth in sections 2 and 3
SECTION 2. (1) The following items shall be su.�Ject to forfeiture:-
(a) any motor vehicle used or intended to be used to violate !.jP,,ction 17B of.�h�ateiL�Q of the General
Laws or used to facilitate a violation of said section 17B of said chapter 90.in the city of Springfield, but
no forfeiture under this act shall extinguish a perfected security interest held by a creditor in a motor
vehicle at the th-nc offiling of the forfeiture action; and
(b) any money, negotiable instrument, securities or other thing of vakie fumished or intended to be
furnished in exchange for violating said section 17B of said chapteT90 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 carTier 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
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 saidsection 17B of said chapter 90 shall be subject toforfeiture by reason of any
act or ornission established by the owner thereof to have been committed or omitted by any person other
than su ch 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 sliould 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 1-fampden county superior court shall have jurisdiction undel-any action brought
pUr,quant to this act.
(a) The city may petition the superior court in dic name of the city in the nature of a proceeding in rem
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.01/2.7/2010 12:57 4137676502 CITY CLERKS PAGE 03/07
CHAPTER 94 OF THE ACTS OF 2003 Page 2 of 2
to order forfciture of a motor vehicle, money or other things of value subject to forfeiti-ire under section
2. Such proceeding shall be deemed a civi I 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
vel-ftle,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 m. otor veldc1c,
moneys or other things of value, the court may continue the hearing on the petition pending the outcome
of any crin�..Dal trial related to the violation of,��qti�on 17B of chUter 90 of the General Laws, and upon
a finding of not guilty, the cour! shall dismiss the forfeiture petition, At such forfeiture hearing the court
shall bear evidence and, if no jury has been requested, make findings of fact and conclusions of law, and
shall thereupon issue a final order, fTom 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 sbal.1 provide for
disposition of the motor vehicle, moneys or other things of value by the city in any manner not
prvhibited by law, including official use by an authorized law cnforcement or other public agency; or by
sale at public auction or by competitive bidding. The proceeds of any such sale shall be ed to
us pay the
reasonable expenses of the forfeiture proceedings, seizure, storage, maintenance of mistody, advertising
and notice, 3nd the balance thereof shall be deposited in the general fund of the city pursuant to section
�_3pf.��qRter..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 city of Springfield
shall, in addition tofbTf6tUrCof the motor vehicle as set forth in section 3, also be punished by a'fine of
not less than$500 normorc 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
S1,000 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.
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J.:��awq s�ed in 2003 ession
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- Chapter 90, Section 17B Page I of 2
The General Laws of Massachusetts
Go To�
bLq?ts�ecvorl
PART 1. ADMINISTRATION O:F THE GOVE RNMENT EgLv_k4s
qhjpte or ntS
TITLE XIV. PUBLIC WAYS AND WORKS afLn-qn1—00v"-om
CHAPTER 90. MOTOR VEHICLES AND ArRCRAIFT
MOTOR VEHICLES
Chapter 90: Section 17B. Drag racing; penalties
F irst paragraph effective until February 26, 2008. For text effective February 26, 2008, see below.]
Section 1713, No person shalJ 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 �ncreased noise from
skidding tires and amplified noise frona racing engines, Whoever violates the provisions of this 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 afine of not less than two hundred nor more tbau one thousand dollars and
a suspension of such license for a period of not less than sixty days.
Finaporagraph as amended by 200 7, .199 effective February 26, 2008. For text effective until February
26, 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 fTom skidding tires and
amplified noise ftom racing engines. Whoever violates this section shall be punished by imprisonment in
the house of correction far not more than 2 1/2 years or by a fine of not more 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 190 days for any subsequent violation,
[Second and third paragrapkr applicable to violalions committed on or ClOer March 31, 2007. See 2006,
428, Sec. 27.1
Notwithstanding the penalties provided in the first paragraph, a bolder of a junior operator's license or
leamer'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 $500 and the registrar shall
suspend the junior operator's license or leamer's permit for 3 years. A holder of a junior operator's license
or learner'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.
The registrar shall impose a $500 reinstatement fee upon a junior operator who seeics to have his license
or learncr's pcnnit reinstated following suspension for a first offense under this section and a $1,000
reinstatement fee shall.be imposed upon a junior operator who seeks to have his license or learricias
permit reinstated following suspension for a subsequent violation under this section. A junior operator
whose license is suspended under thi,,; section shall not be eligible for license reinstatement until he also
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CITY CLERKS PACE 06/07
M,,G,L - Chapter 90, Section 17B Page 2 of 2
completes a program selected by die registrar that encourages attitudi.nal changes in. young drivats who
havc committed a violation of t1ae motor vchicle laws and tuitil he successfully completes a driving test as
required by the registrar. A junioToperator whose Icanier's perxinit is suspended under this section shal I 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
lea-mer'q permit before lie may be issued a license to operate &motor vehicle pursuant to section 8.
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PAGE 07/e7
'CHAPTER 199 OF THE ACTS OF 2007 Page I of I
Chapter 199 of the Acts of 2007
AN ACT INCREASING THE PUNISHMENT FOR DRAG RACING.
Be it enacted by the Senate and House qfRepresentatives in General Court assembled, and by the
authority offhe some as,follows:
The fixst paragraph of section 17B of chapter 90 of the General Laws, as appearing in the 2006 Official
Edition, is hereby amended by strilcing out the second and third sentences and inserting in place thereof
the following 2 sentences:- Whoever violates this section shall be punished by imprisonment in the
house of correction for not more than 2 1/2 years or by a fine of not more than $1,000. The rcgistrar
shall suspend such viol atOT'S license for a period of not less than 30 days for a first off-ense andfor not
less tl= 180 days for any subsequent violation.
Approved Nove rnher 28. 200 7.
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http://www.rnass.gov/leg)'s/laws/seslaw07/.slO7Ol99.htm 1/27/2010