[Adopted 10-1-2024 by Ord. No. 175-2024]
For the purpose of this article, the following terms shall have the respective meanings ascribed to them except in those instances where the context clearly indicates a different meaning:
HAZARDOUS OPERATION
The operation of a recreational vehicle upon any way or place in which the public has a right of access, any place to which members of the public have access as invitees or licensees or any privately owned property upon which an operator has the permission of the landowner to enter upon in the city, in a manner so that the lives or safety of the operator, any passenger or the general public might be endangered. Prohibited hazardous operation shall include but not be limited to those examples set forth in § 170-15C(1) through (9).
RECREATIONAL VEHICLE
Any wheeled device used to carry persons or property which is powered by any means other than muscular power alone and which is designated or modified for use over unimproved terrain for recreation or pleasure, including, but not limited to, all-terrain vehicles, off-highway motorcycles, dirt bikes, and recreation utility vehicles as defined in MGL c. 90B, § 20.
A. 
Recreational vehicle shall not, however, include any wheelchair operated by a person with physical disabilities or any similar mobility-assisting device used by a person whose ambulatory mobility has been impaired by age, illness or physical ailment; nor shall it include the operation of any electric vehicle not capable of speeds in excess of 12.5 miles per hour on any paved sidewalk or marked pedestrian crosswalk; nor any vehicle owned or leased or operated by any government entity, including the City and Commonwealth of Massachusetts. Also, excluded from the definition of recreational vehicle are recreation utility vehicles as defined in M.G.L.A. c. 90B, § 20 if being used exclusively for agricultural, forestry, lumbering or construction purposes.
SNOW VEHICLE
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 MGL c. 90B, § 20.
Pursuant to MGL c. 90B, § 22, no recreational vehicle or snow vehicle, as defined by MGL c. 90B, § 20, may be operated in the Commonwealth unless it is registered with the boat, recreation vehicle and snowmobile registration bureau of the Massachusetts Environmental State Police and a valid registration number is displayed on the vehicle.
A. 
Unregistered vehicles. No person shall place, store, or keep more than one unregistered recreational vehicle or snow vehicle that, in order to be operated, is required to be registered under the laws or regulations of the Commonwealth, including but not limited to MGL c. 90B, upon public or private land, including any buildings thereon, zoned or used for residential purposes. This subsection shall not apply to vehicles stored in compliance with the City Zoning Ordinance or to vehicles stored, parked, or displayed on property duly licensed in accordance with MGL c. 140, §§ 57 through 69.
B. 
Public property/property of another. No person shall operate, maintain or possess a recreational vehicle or snow vehicle upon the property of another without written permission of the land owner on their person. For purposes of this subsection, "property of another" shall include any property owned or leased by the City, including any City public school property, playgrounds, parks or conservation areas, or any land in which the City holds any conservation restriction.
C. 
Prohibited hazardous operation. No person shall engage in the hazardous operation of a recreational vehicle. The hazardous operation shall include but not be limited to the following examples:
(1) 
An operator of any recreational vehicle or snow vehicle shall not cause such vehicle to ride with its front wheel or wheels or tracks raised from the surface of the road or ground while operated in any public space.
(2) 
An operator of any recreational vehicle or snow vehicle shall not cause such vehicle to ride with its rear wheel or wheels or tracks raised from the surface of the road or ground while operated in any public space.
(3) 
An operator of any recreational vehicle or snow vehicle shall not cause any side wheels or track of such vehicle to rise from the surface of the road or ground while operated in any public space.
(4) 
An operator of any recreational vehicle or snow vehicle shall not ride such vehicles with his or her feet or knees planted on the seat while operating in any public space.
(5) 
An operator of any recreational vehicle or snow vehicle shall not operate such vehicle in a manner commonly associated with trick or stunt riding.
(6) 
An operator of any recreational vehicle or snow vehicle shall not operate such vehicle with a passenger if designed for a single rider.
(7) 
No passenger shall ride upon any recreational vehicle or snow vehicle that is designed for a single rider.
(8) 
An operator of any recreational vehicle or snow vehicle shall not operate such vehicle with a passenger sitting or riding upon the handle bars or forward of the operator.
(9) 
No person shall operate any recreational vehicle or snow vehicle wearing a facial mask between March 15 and November 15 of any year or any other time when the ambient air temperature is 45° or greater measured on the Fahrenheit scale.
D. 
Flammable fluids. No person under the age of 18 years shall cause gasoline or other flammable or volatile fluid to be loaded into any recreational vehicle or snow vehicle, on any public or private street of the city or at any location which is open to the public. Any person in charge of any gasoline or filling station shall not allow any person under the age of 18 years to cause gasoline or other flammable or volatile fluid to be loaded into any recreational vehicle or snow vehicle.
A. 
Penalties. A violation of any provision of this article shall be subject to a fine of $300 per offense and, when applicable, with each day constituting a separate offense.
B. 
Enforcement. The City Police Department shall have the authority to enforce any provision of this article and to promulgate rules and regulations necessary to implement and enforce this article. The City Fire Department shall have the authority to enforce the provisions of this article, or any statute, regulation or code as relates to this article, involving the storage or use of flammable fluids. Nothing herein shall prevent any City official, agency, department, board or commission with care, custody and control of any public property from enforcing any provision of this article or from promulgating rules and regulations necessary to implement and enforce any provision of this article as it may relate to any such property. The provisions of MGL c. 40, § 21D may be used to punish violations of this article.
C. 
Impoundment. The City Police Department shall have the authority to impound any recreational vehicle or snow vehicle found in violation of this article if said recreational vehicle or snow vehicle is required to be registered pursuant to MGL c. 90B § 22 and is not so registered, incident to an arrest of the operator or owner, if the recreational vehicle or snow vehicle impedes traffic, threatens public safety or there is a danger of vandalism and/or property damage to the recreational vehicle or snow vehicle. No such impounded vehicle shall be released until final disposition of all criminal and/or civil charges relating to the operation or storage of any recreational vehicle or snow vehicle, nor until proof of ownership and proper registration under MGL c. 90B, § 22 (if applicable) is verified and applicable towing and storage charges are paid. The City Police Department shall have the authority to obtain warrants authorizing entry upon private lands and into private buildings whether or not covered by water, to enforce this article. Further, if any such impounded recreational vehicle or snow vehicle is not subject to registration in accord with the provisions of MGL c. 90B, § 22, said recreational vehicle or snow vehicle shall not be released unless the owner demonstrates an ability to safely transport the recreational vehicle or snow vehicle from its place of impoundment without operating the recreational vehicle or snow vehicle upon any public way in the City.
D. 
Towing and storage fees for vehicles impounded pursuant to this article by either the City or a private towing company shall be at the maximum rates permitted by law.
If any provision of this article imposes greater restrictions or obligations than those imposed by any other general law, special law, regulation, rule, ordinance, order, or policy, then the provisions of this article shall control.