[HISTORY: Adopted by the Town of Falmouth Annual Town Meeting 12-16-1991,
Art. 24. Amendments noted where applicable.]
This chapter is adopted by the Town of Falmouth under its home rule
powers, its police powers to protect public health and welfare and its specific
authorization under MGL C. 40, §§ 21 and 21D.
The purpose of this chapter is to protect, preserve and maintain the
public health, safety and welfare of the inhabitants of the Town of Falmouth
by safeguarding the Town surface water supply at Long Pond and to ensure the
continued high quality of this essential Town water resource.
The enforcement authority shall be the Town's Director of Public
Works, the Health Agent, the Director of the Department of Natural Resources,
the Police Chief or their designees.
A.
The following chapter shall apply to the area commonly
referred to as the "Town Forest" and includes generally the area bounded on
the north by Brick Kiln Road, westerly by State Highway Route 28, southerly
by Goodwill Park and easterly by Gifford Street.
B.
Within said area there shall be:
(1)
No trespassing within one hundred (100) feet of the shoreline
of Long Pond except on designated roadways.
(2)
No fishing in Long Pond.
(3)
No boating on Long Pond.
(4)
No swimming in Long Pond.
(5)
No unauthorized motor vehicles or motorized recreational
vehicles within the Long Pond Watershed as described above, including mopeds
and snowmobiles.
(6)
No fires within the Long Pond Watershed.
(7)
No unauthorized tree cutting or firewood gathering.
(8)
No group activities without written permission from the
Director of Public Works or his designee.
Any person or entity who violates this chapter shall be liable for a
fine in the amount of fifty dollars ($50.) for the first violation and one
hundred dollars ($100.) for each subsequent violation. Fines shall be recovered
by complaint before the District Court or by noncriminal disposition in accordance
with MGL C. 40, § 21D. Each separate instance of noncompliance following
the issuance of any warning or citation pursuant to this section shall constitute
a separate violation.
The invalidity of any portion or provision of this chapter shall not
invalidate any other portion, provision or section hereof.