10/08/2004 Annual Town Meeting - Laserfiche WebLink

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Public Road. Any road or portion thereof which is owned by, or under the care, custody and control of the United States of America, the Commonwealth of Massachusetts, Barnstable County, the Town of Mashpee or any subdivision, department or agency thereof. Private Road. Any road which is owned by, or under the care, custody and control of an entity or entities other than the United States of America, the Commonwealth of Massachusetts, Barnstable County, the Town of Mashpee or any subdivision, department or agency thereof. §51-2. Land Owner Permission Required. The operator of an All Terrain Vehicle on any real property within the geographical boundaries of the Town. of Mashpee shall be in violation, of this Bylaw UNLESS, one of the following circumstances apply: A. The Operator is the Property Owner or a duly authorized Lessee, or immediate family member of the Property Owner or Lessee of the subject property; B. The Operator has in his possession while operating the All Terrain Vehicle, a written document, signed by the Property or Road Owner or Lessee, or their authorized agent, specifically permitting the operation of the All Terrain Vehicle on such property by the Operator; or, C. The All Terrain Vehicle is on public or private property of a Public or Private Road which has been posted by the Owner or Lessee thereof with signage specifically stating that All Terrain Vehicle operation.is permitted on said property or road. §51-3. Enforcement The provisions of this Bylaw shall be enforced by the Mashpee Police Department or any other authorized law enforcement officer. §51-4. Violations and Penalties. A. Any person violating any of the foregoing provisions of this Chapter shall be punished by fines for each offense as specified below. The provisions of MGL C. 40, § 21D, providing for noncriminal disposition of violations, shall be applicable and the person taking cognizance of any violation, as an alternative to criminal proceedings, may give the offender a written notice as provided for in said § 21D. B. Fines for the violation of this Bylaw shall be applied as follows: First Offense: $100.00 Second Offense: $250.00 Third Offense: $500.00 Fourth Offense Confiscation of the Vehicle", §51-5. Scope of Bylaw. This Bylaw is intended to be construed and implemented in accordance with and consistent with provisions of applicable Massachusetts General Laws, and the Regulations promulgated thereunder, relating to the operation of All Terrain 34