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Town of Chelmsford, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Annual Town Meeting of the Town of Chelmsford 10-17-2005 by Art. 12. Amendments noted where applicable.]
GENERAL REFERENCES
Noise — See Ch. 100.
Peace and good order — See Ch. 113.
Vehicles and traffic — See Ch. 174.
The purpose of this chapter is to promote and protect the health, welfare, and safety of the inhabitants of the Town of Chelmsford by reducing the noise, environmental impacts and other adverse effects associated with the unrestricted operation of recreation vehicles. This chapter is intended to be consistent with the provisions of MGL c. 90B, §§ 20 through 35 and 323 CMR 3.01 et seq., as amended.
As used in this chapter, the following terms shall have the meanings indicated:
DWELLING
A building designed and occupied as the living quarters of one or more individuals.
OPERATE
To ride in or on and control the operation of, or maintain, suffer or permit the operation of, or to push a recreation vehicle, or, in the case of a person who has custody of a minor between the ages of 10 and 14, to knowingly permit or suffer the operation of a recreation vehicle by such minor between the ages of 10 and 14 without direct supervision by a person 18 years old or older, and, when acting as a supervising person under MGL c. 90B, § 26, to knowingly permit a person supervised to violate any state law or Town bylaw regulating operations.
OWNER
A person, other than a lien holder, having the property or title to a recreation vehicle entitled to the use or possession thereof.
RECREATION VEHICLE
Any vehicle designed or modified for use over unimproved terrain if used for recreation or pleasure off a public way as defined in MGL c. 90, and all legally registered motor vehicles when used off a way, as defined under MGL c. 90. This definition shall include vehicles designated recreation vehicles under MGL c. 90B, including vehicles commonly known as "dirt bikes" and "all-terrain vehicles" (or "ATVs") and "snowmobiles." Vehicles used for agriculture, forestry, lumbering or construction shall be excluded from this definition when used for such purpose.
A. 
Age limit: No person under 14 years of age shall operate a recreation vehicle except as provided below:
(1) 
A person between the ages of 12 and 14 years old may operate a recreation vehicle wearing a helmet and if directly supervised (as defined in 323 CMR 3.02) by a person 18 years old or older;
(2) 
A person between the ages of 10 and 12 years may operate a recreation vehicle wearing a helmet and if directly supervised (as defined in 323 CMR 3.02) by a person 18 years old or older and the vehicle is operated on land on which the operator is domiciled; or
(3) 
A person under 14 years of age may operate a recreation vehicle in a sanctioned race, rally or organized event which has been authorized or approved by the appropriate local authority.
(4) 
No person under 10 years of age shall operate a recreation vehicle under any circumstances.
B. 
Distance from dwelling: No person shall operate a recreation vehicle on any public or private land within 150 feet of a dwelling without the permission of the owner of such dwelling, such owner's agent, or such owner's lessee, except in cases of emergency, when directly departing or returning to such residence or when operating on the property of another for which permission has been granted. Such permission may be granted to an individual, association, or other organization, for the benefit of members thereof.
C. 
Noise: No recreation vehicle shall be operated which makes an unusual or excessive noise or which emits obnoxious fumes.
D. 
Muffler requirement: No person shall use a muffler cut-out, by-pass, straight pipe or similar device on a recreation vehicle.
A. 
Any person who violates any of the provisions of this chapter shall be fined as set forth below, or, alternatively, such violation may be enforced in accordance with MGL c. 40, § 21D.
B. 
Fines imposed pursuant to this section shall be assessed as follows:
(1) 
First offense: $100.
(2) 
Second offense: $250.
(3) 
Third offense: $300.
(4) 
Fourth offense: confiscation of recreation vehicle by the Chelmsford Police Department, pursuant to state-law authority.
The provisions of this chapter shall be enforced by the Chelmsford Police Department.
END OF CHAPTER