[Added 7-15-2019]
The City Council finds and declares the following:
A.
That because of the severely congested streets, roadways and alleys
of the City, these regulations banning recreation and off-highway
vehicles would serve the public interest and safety.
B.
That recreation and off-highway vehicles adversely affect traffic
flow and the response time of emergency vehicles in the City.
C.
That recreation and off-highway vehicles lead to motor vehicle collision
for the operator and other motor vehicles and pedestrians in the City.
As used in this article, the following terms shall have the
meanings indicated:
Any motor vehicle designed or modified for use over unimproved
terrain for recreation or pleasure while not being operated on a public
way as defined in Massachusetts General Law, Chapter 90, including,
but not limited to, all-terrain vehicles, off-road motorcycles, dirt
bikes, and recreation utility vehicles while not being operated on
a public way.
A.
No person shall operate a recreation vehicle or off-highway vehicle
on any City-owned or- controlled public way, sidewalk, park, playground,
recreation area, public school property or any other property owned
or controlled by the City. The following vehicles shall be exempt
from the provisions of this article:
(1)
Vehicles licensed by the Commonwealth of Massachusetts as motor vehicles;
(2)
Vehicles licensed or used by the federal government or any federal
agency, instrumentality or entity, including the United States Postal
Service, performing service to the public;
(3)
Vehicles operated exclusively for agriculture, forestry, lumbering,
or construction purposes.
B.
No person operating or in control of a recreation or off-highway
vehicle shall refuse to stop such vehicle after having been requested
or signaled by a law enforcement officer. No such person shall refuse
to give their correct name, address and registration number to the
law enforcement officer.
C.
No person shall operate a recreation or off-highway vehicle recklessly
or negligently so that the lives of the public might be endangered
and, by such operation, cause serious bodily injury.
D.
No person shall operate a recreation or off-highway vehicle without
stopping and making his name, address and registration number of the
vehicle known after knowingly colliding with or otherwise causing
bodily injury to another.
E.
No person shall operate a recreation or off-highway vehicle without
stopping and making his name, address and registration number of the
vehicle known after knowingly colliding with or causing injury to
another recreation vehicle or property. Damage to property must be
greater than $500.
F.
No person shall operate a recreational or off-highway vehicle recklessly
or negligently so that the lives or safety of the public may be endangered.
G.
No person shall operate a recreation or off-highway vehicle without
first having registered such vehicle in accordance with MGL c. 90B,
§ 22.
H.
Operation of a recreation vehicle or off-highway vehicle on private
property shall be subject to the following regulations:
(1)
No recreation vehicle or off-highway vehicle shall be operated within
the City that emits noxious fumes or makes unusual or excessive noise
based on the levels set forth in MGL c. 90B, § 24.
(2)
No person shall operate a recreation or off-highway vehicle that
harasses or otherwise harms deer or wildlife, causes damage to growing
stock, or causes damage to public or private property.
(3)
No person under the age of 18 shall operate a recreation or off-highway
vehicle without the successful completion of a recreation vehicle
safety and responsibility course approved by the Department of Environmental
Law Enforcement.
(4)
No person under the age of 16 shall operate a recreation or off-highway
vehicle without a parent or legal guardian having participated in
at least one session of the recreation vehicle safety and responsibility
course or as required by the commonwealth.
A.
Enforcement. The provisions of this article may be enforced by any
police officer or any special police officer that has successfully
completed minimum training requirements as determined by the Secretary
of Public Safety and Security and has been designated as such by the
Springfield Police Commissioner.
B.
Violations and penalties. The following penalties shall be applicable
for violations of this article:
(1)
Any person who violates § 385-55, Subsections A, B or C shall be subject to a fine in the amount of $300. Any recreation or off-highway vehicle in use at the time of a second or subsequent offense, upon conviction, shall be subject to forfeiture by the District Attorney of Hampden County or the Attorney General in accordance with MGL c. 90B, § 26C.
(2)
Any person who violates § 385-55, Subsection D shall be subject to a fine in the amount of $300. Any recreation or off-highway vehicle in use at the time of a second or subsequent offense, upon conviction, shall be subject to forfeiture by the District Attorney of Hampden County or the Attorney General in accordance with MGL c. 90B, § 26C.
(5)
Violations of this article shall be enforced in accordance with MGL
c. 90C, § 3 and MGL c. 90C, § 5.
