[HISTORY: Adopted by the Town of Lunenburg as indicated in
article histories. Amendments noted where applicable.]
GENERAL REFERENCES
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.
[Amended 5-1985]
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:
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 Select Board.
[Amended 5-7-2022 ATM by Art. 24]
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.
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.
The public access located in the City of Leominster or any
other place where Whalom Lake can be accessed by the public.
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.
A.Â
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.
B.Â
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.
[Amended 5-7-2022 ATM by Art. 24]
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 Select Board,
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.
