2004-Annual Town Report - Laserfiche WebLink

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Mashpee or any subdivision, department or agency First Offense: $100.00 .thereof. Second Offense: $250.00 Third Offense: $500.00 Private Road. Any road which is owned by, or under Fourth Offense Confiscation of the Vehicle" the care, custody and control of an entity or entities other than the United States of America, the §51-5. Scope of Bylaw. This Bylaw is intended to be Commonwealth of Massachusetts, Barnstable County, construed and implemented in accordance with and the Town of Mashpee or any subdivision, department consistent with provisions of applicable Massachusetts or agency thereof. General Laws, and the Regulations promulgated there- under,relating to the operation of All Terrain Vehicles, §51.2. Land Owner Permission Required. including, but not limited to, the provisions of G.L. c.90B, §§20-35 and 323 C.M.R 3.01, et seq., as The operator of an All Terrain Vehicle on any real amended., property within the geographical boundaries of the Town of Mashpee shall be in violation of this Bylaw or take any other action relating thereto. UNLESS one of the following circumstances apply: Submitted by Board of Selectmen A. The Operator is the Property Owner or a duly r authorized Lessee, or immediate family member Explanation: The Town has experienced a significant of the Property Owner or Lessee of the subject and growing problem of illegal use of all-terrain motor property; vehicles on Conservation lands and other public and private properties. This article is intended to provide B. The Operator has in his possession while operat- for clear and enforceable regulation of all-terrain vehi- ing the All Terrain Vehicle, a written document, cle use in the Town. signed by the Property or Road Owner or Lessee, or their authorized agent, specifically permitting Motion made to dispense with the reading of the operation of the All Terrain Vehicle on such Article 44 made at 9:42 p.m. property by the Operator; or, Motion to dispense with reading of Article 44 C. The All Terrain Vehicle is on public or private passes at 9:42 p.m. property of a Public or Private Road which has been posted by the Owner or Lessee thereof with Motion made by Wayne Taylor. signage specifically stating that All Terrain Vehicle operation is permitted on said property or Motion: I move Article 44 be voted as printed in the road. warrant with the exception of the phrase, "or take any other action relating thereto". i §51-3. Enforcement Motion passes at 9:45 p.m. The provisions of this Bylaw shall be enforced by the € i Mashpee Police Department or any other authorized Article 45 law enforcement officer. To see if the Town will vote to amend the General §51-4. Violations and Penalties. Bylaw of the Mashpee General Code pertaining to Public Records and Open Meetings,38-3-1 to add sub- A. Any person violating any of the foregoing provi- section e) to read as follows: e) Regulatory Boards, sions of this Chapter shall be punished by fines for Commissions, and Committees shall post 24 hours each offense as specified below. The provisions prior to their scheduled meeting an agenda for that f of MGL C. 40, § 21D, providing for noncriminal meeting to the town website. Within 10 business days disposition of violations, shall be applicable and following each meeting the minutes of the meeting the person taking cognizance of any violation, as shall be posted to the Town's website in draft format. an alternative to criminal proceedings, may give Final versions shall be posted to the website after the the offender a written notice as provided for in Boards'/Committees/Commissions' approval and said § 21D. shall remain on the website for a period of not less j ' than six months j fB. Fines for the violation of this Bylaw shall be f applied as follows: Submitted by Petition i, 87