[HISTORY: Adopted by the Town of Lunenburg as indicated in article histories. Amendments noted where applicable.]
Recreational vehicles — See Ch. 228.
[Adopted as Art. XX of the Town Bylaws]
The following words, as used in this bylaw, unless a different meaning is required by the context, or as specifically prescribed, shall have the following meanings:
- Includes all passenger motor vehicles and trucks, both registered and unregistered.
No person, group of persons or organizations shall operate, or cause to be operated, any vehicle on Shirley Reservoir. Whoever violates any part of this § 182-2 shall be punished by a fine of not less than $25 nor more than $100.
It shall be unlawful for any person to discharge in or upon Shirley Reservoir any pollutant or to discard therein or thereupon litter of any kind or upon the ways adjacent thereto. Whoever violates any part of this section shall be punished by a fine of not less than $100 nor more than $200.
[Adopted 11-16-2015 STM by Art. 8]
The purpose and scope of this bylaw is to protect the safety of the public, to prevent the destruction of aquatic life, waterfowl or other wildlife, the decay of water quality and damage to abutting private and public lands by the inappropriate use of motor vehicles, recreation vehicles or snow vehicles on the waters or frozen waters of Whalom Lake; to promote voluntary compliance with all applicable laws relating to the operation of motor vehicles; and, when necessary, to deter noncompliance through fines and penalties.
As used in this bylaw, the following terms shall have the meanings indicated:
- ALL-TERRAIN VEHICLE
- A motorized recreational vehicle designed or modified for travel on four low-pressure tires and having a seat designed to be straddled by the operator and handlebars for steering control, and recreational vehicle or off-highway vehicle as defined in 323 CMR 3.02 and governed by MGL c. 90B.
- The Town of Lunenburg Board of Selectmen.
- LAW ENFORCEMENT OFFICER
- Any police officer, constable or other officer authorized to make arrests or serve process, provided he is in uniform or displays his/her badge of office.
- MOTOR VEHICLE
- Any motor vehicle as defined in MGL c. 90, § 1.
- To ride in or on and control the operation of, or to maintain, suffer, supervise, or permit the operation of, or to push a snow vehicle or an all-terrain vehicle, or in the case of a motor vehicle, any person who makes use of any mechanical or electrical agency, which alone or in sequence will set in motion the motive power of the vehicle, or if the engine is not running, any person who utilizes any combination of actions that would set the vehicle in motion.
- PUBLIC ACCESS
- The public access located in the City of Leominster or any other place where Whalom Lake can be accessed by the public.
- SNOW VEHICLE
- A motor vehicle designed to travel over ice or snow, having a curb weight of not more than 453 kilograms or 1,000 pounds, driven by track or tracks in contact with the snow or ice and steered by a ski or skis in contact with the snow or ice as defined in 323 CMR 3.02 and governed by MGL c. 90B.
No person or group of persons shall operate, or cause to be operated, on the waters or frozen waters of Whalom Lake, any snow vehicles that are not in compliance with 323 CMR 2.01 to 3.09 and MGL c. 90B, §§ 21 to 35.
When the Town of Lunenburg or any other agency or state agency duly authorized by law has posted the waters or frozen waters of Whalom Lake to prohibit access for or use of snow vehicles or all-terrain vehicles, no person or group of persons shall operate any snow vehicle or all-terrain vehicle upon such waters or frozen waters. In the absence of such a posting, persons utilizing water or the frozen water of Whalom Lake do so at their own risk and the Town of Lunenburg assumes no responsibility, either implied or expressed, for the safety of any person who voluntarily assumes a known and obvious risk inherent in such activities. No person shall operate a snow vehicle or all-terrain vehicle upon any frozen waters of Whalom Lake under any circumstance unless a minimum of five inches of solid ice cover is present. The operator shall determine the thickness of the ice and assumes all responsibility in undertaking an activity with an inherent and known risk.
No person, group of persons or organizations shall operate, or cause to be operated, any motor vehicle as defined in MGL c. 90, § 1, on the waters or frozen waters of Whalom Lake.
No snow vehicle or all-terrain vehicle shall enter upon Whalom Lake except by public access or by written permission by the landowner.
This bylaw may be enforced through any lawful means in law or in equity, including, but not limited to, enforcement by criminal complaint pursuant to MGL c. 40, § 21D, by the Board of Selectmen, the Town Manager, or their duly authorized agents, or any police officer. The fine for a violation of this bylaw shall be $300 for each offense.