[HISTORY: Adopted by the Board of Aldermen
(now City Council) of the City of Chicopee 6-21-2005 by Ord. No. 05-149.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Motor vehicles on City property — See Ch. 198.
Streets and sidewalks — See Ch. 243.
Vehicles and traffic — See Ch. 260.
[1]
Editor's Note: This ordinance also repealed
former Ch. 190, Motorized Scooters, adopted 5-18-2004 by Ord. No.
04-68.
[Amended 9-1-2009]
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 motorized scooters
would serve public interest and safety.
B.
That motorized scooters adversely affect traffic flow
and the response time of emergency vehicles in the City.
C.
That motorized scooters lead to motor vehicle accidents
for the operator and other vehicles and pedestrians in the City.
For the purpose of this chapter, the following
terms shall have the meanings indicated:
Any two- or three-wheeled device, including, but not limited
to, the so-called mini-bikes, pocket bikes, mini choppers, gas scooters,
electric scooters or motorized skateboard, that has handlebars, and
is designed to be stood upon or seated upon by the operator, and is
powered by a gas or electric motor that is capable of propelling the
device with or without human propulsion at any speed on any street,
roadway or alley in the City, that is not defined as a motor vehicle
under the laws of the Commonwealth of Massachusetts.
A.
No person shall operate a motorized scooter, motorized
skateboard, or other similar motorized vehicle (hereinafter referred
to as "personal motorized vehicles") on any City-owned or controlled
public way, sidewalk, park, playground, recreational area, public
school property or any other property owned or controlled by the City,
without the express written permission to do so from the City official(s)
or officer having jurisdiction over the use of said City property
or their respective designee (hereinafter referred to as the "authorizing
official"). The following vehicles shall be exempt from the provisions
of this chapter.
(1)
Vehicles licensed by the Commonwealth of Massachusetts
as motor vehicles;
(2)
Vehicles licensed or used by the United States government
or any other federal agency, instrumentality or entity, including,
but not limited to the United States Postal Service, while performing
service to the public;
(3)
Personal motorized vehicles used by disabled persons;
(4)
Personal motorized vehicles used by governmental law
enforcement personnel including, but not limited to, police officers;
(5)
Landscaping equipment; and
(6)
Parade vehicles used during a licensed parade.
B.
Conditions on the grant of written permission.
(1)
At a minimum, any grant of written permission to use
a personal motorized vehicle issued by the authorizing official shall
include the following conditions and restrictions:
(a)
No person under the age of 16 shall operate
a motorized scooter without a valid learner's permit or driver's license;
(b)
The personal motorized vehicle must be properly
equipped with a braking system;
(c)
A helmet must be worn at all times;
(d)
No personal motorized vehicle shall be operated
in a careless and reckless manner so as to endanger the safety of
any person or the property of any person; and
(e)
All owners and operators must comply with all
applicable federal, state and local laws and regulations.
(2)
The authorizing official is further empowered to impose
such other restrictions, regulation, or limitations as they deem appropriate
or necessary to protect public safety, interest and welfare. All persons
using City property pursuant to a grant of permission shall comply
with the restrictions and limitations referenced herein or imposed
thereto.
A.
Enforcement. The provisions of this chapter may be
enforced by any police officer or any special police officer designated
by the City Council.
[Amended 9-1-2009]
B.
Violations. The following penalties shall be applicable
for violations of this chapter:
(1)
Any person who violates any provision of this chapter
shall be subject to a fine in the amount of $100 for the first offense,
$200 for a second offense and $300 for a third or any subsequent offense.
(2)
As an alternative to initiating criminal proceedings, violations of this chapter may be enforced in a manner provided in Chapter 21D of the Massachusetts General Laws, which procedure is incorporated herein by reference. The penalty for each violation shall be as set forth under Subsection B(1) above for each day or part of a day during which the violation is committed, continued, or permitted; provided, however, that if a violator fails to follow the procedure and requirements of said Massachusetts General Laws Chapter 21D, the fine or fines shall be recovered by indictment or a complaint pursuant to Massachusetts General Laws, Chapter 40, § 21.
(3)
Upon the violation of any provision of this chapter
any police officer or any special police officer designated by the
City Council may impound the personal motorized vehicle until the
operator appears in Court. If an operator is an adult and is convicted
of violating any provision of this chapter, the personal motorized
vehicle may be subject to forfeiture laws under Massachusetts General
Laws. If the operator or owner is a minor, the personal motorized
vehicle may also be subject to forfeiture laws under Massachusetts
General Laws, if the minor is adjudicated delinquent or the matter
is continued without a finding.
[Amended 9-1-2009]
