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Public Road. Any road or portion thereof which is owned by, or under the care, <br /> custody and control of the United States of America, the Commonwealth of <br /> Massachusetts, Barnstable County, the Town of Mashpee or any subdivision, department <br /> or agency thereof. <br /> Private Road. Any road which is owned by, or under the care, custody and control of <br /> an entity or entities other than the United States of America, the Commonwealth of <br /> Massachusetts, Barnstable County, the Town of Mashpee or any subdivision, department <br /> or agency thereof. <br /> §51-2. Land Owner Permission Required. <br /> The operator of an All Terrain Vehicle on any real property within the geographical <br /> boundaries of the Town of Mashpee shall be in violation of this Bylaw UNLESS one of <br /> the following circumstances apply: <br /> A. The Operator is the Property Owner or a duly authorized Lessee, or immediate <br /> family member of the Property Owner or Lessee of the subject property; <br /> B. The Operator has in his possession while operating the All Terrain Vehicle, a written <br /> document, signed by the Property or Road Owner or Lessee, or their authorized <br /> agent, specifically permitting the operation of the All Terrain Vehicle on such <br /> property by the Operator; or, <br /> C. The All Terrain Vehicle is on public or private property of a Public or Private Road <br /> which has been posted by the Owner or Lessee thereof with signage specifically <br /> stating that All Terrain Vehicle operation is permitted on said property or road. <br /> §51-3. Enforcement <br /> The provisions of this Bylaw shall be enforced by the Mashpee Police Department or any <br /> other authorized law enforcement officer. <br /> §51-4. Violations and Penalties. <br /> A. Any person violating any of the foregoing provisions of this Chapter shall be <br /> punished by fines for each offense as specified below. The provisions of MGL C. <br /> 40, § 21D, providing for noncriminal disposition of violations, shall be applicable and <br /> the person taking cognizance of any violation, as an alternative to criminal <br /> proceedings, may give the off=ender a written notice as provided for in said § 21D. <br /> B. Fines for the violation of this Bylaw shall be applied as follows: <br /> First Offense: $100.00 <br /> Second Offense: $250.00 <br /> Third Offense: $500.00 <br /> Fourth Offense Confiscation of the Vehicle", <br />