Town of Sterling, MA Parks

Parking at and use of Sholan Park is permitted only between the hours of 5:00 a.m. and 9:00 p.m. daily and all persons must vacate and all vehicles must be removed by 9:00 p.m., unless otherwise posted or permitted through issuance of an overnight pass.

§ 113-2 Parking restrictions.

Parking at Sholan Park is restricted to the designated parking area only.

Only those vehicles displaying the appropriate Town of Sterling resident permit, a temporary guest or visitor pass, a nonresident parking pass, or emergency vehicles are authorized to park within this parking area. Unauthorized vehicles parked in the parking area or undesignated areas are subject to a fine of $50 and/or towing at the owner's expense.

[Amended 6-14-2021 ATM by Art. 43,[1] approved 12-10-2021]

[1]

Editor's Note: This article also repealed former Subsection C, regarding noncriminal disposition for owners and/or operators of vehicles parked in violation, which immediately followed.

§ 113-3 Permits and passes.

Permits and passes issued by the Town of Sterling for the purposes described herein remain the property of the Town. Permits and passes are nontransferable. Holders of permits and passes must make available the assigned registration, license and/or the permit or pass upon request. Unauthorized use of permits and passes may result in suspension or revocation and/or the assessment of fines.

[Amended 6-14-2021 ATM by Art. 43, approved 12-10-2021]

A resident permit of appropriate design shall be issued upon proof of residency for a specific vehicle and must be affixed to said vehicle.

Beginning April 1 of each year a limited number of nonresident parking passes shall be issued for a one-year term on a first-come-first-served basis. Nonresident parking passes shall be issued for a specific vehicle and must be displayed unobstructed and in full view on said vehicle dashboard. Nonresidents will be charged a parking fee as determined by the Select Board.

§ 113-4 Animals.

[Amended 6-14-2021 ATM by Art. 43, approved 12-10-2021]

Pets shall not be allowed on the beach and picnic areas of the park. Violators are subject to a fine of $25 for each bylaw offense.

This section shall not apply to service animals, as defined by the Americans with Disabilities Act[1] or other applicable law, provided that said animals are under the handler's direct control at all times. Animals whose sole function is to provide comfort or emotional support are not service animals and shall be subject to the prohibition on pets.

[1]

Editor's Note: See 42 U.S.C. § 12101 et seq.

§ 113-5 Safety rules.

Alcoholic beverages are not permitted at Sholan Park.

Residents and visitors must comply with all rules and regulations established for Sholan Park and designated swim areas.

Boaters must comply with the current Massachusetts boating regulations and local bylaws as posted.[1]

[1]

Editor's Note: Former Subsection D, regarding enforcement by the Recreation Department staff and/or Police Department, which immediately followed, was repealed 6-14-2021 ATM by Art. 43, approved 12-10-2021.

§ 113-6 East Lake Waushacum.

East Lake Waushacum is a sensitive natural resource and subject to the spread of invasive aquatic weeds and mussels as defined by the State's Department of Agricultural Resources.

Recipients of a resident permit, guest, or visitor pass, or nonresident permit are responsible to make sure that their boat, trailer or equipment is free of invasive species before entering the park/water and must submit to inspections for said weeds and mussels.

[Amended 6-14-2021 ATM by Art. 43, approved 12-10-2021]

Should any person refuse to submit to an inspection or attempt to enter with a vehicle, boat or equipment with visible weeds or mussels, they will be denied entry.

[Amended 6-14-2021 ATM by Art. 43, approved 12-10-2021]

All vehicles, boats and equipment shall immediately be removed from the park and/or the water when ordered to do so.

[Amended 6-14-2021 ATM by Art. 43, approved 12-10-2021]

§ 113-7 Regulations.

[Added 6-14-2021 ATM by Art. 43, approved 12-10-2021]

The Select Board may enact reasonable regulations relative to access to and the use of the properties subject to this bylaw.

§ 113-8 Enforcement; violations and penalties.

[Added 6-14-2021 ATM by Art. 43, approved 12-10-2021]

This bylaw may be enforced by any employee of the Town's Recreation Department, any member of the Town's Police Department, and/or any member of the Town's Animal Control Department (with respect to the presence of animals only).

Whoever violates any provision of this bylaw issued pursuant thereto may be penalized by a noncriminal disposition process as provided in MGL c. 40, § 21D, and the Town's noncriminal disposition bylaw[1]; if noncriminal disposition is elected, then the noncriminal fine for each such violation, if not otherwise specified, shall be $300 for each offense. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.

[1]

Editor's Note: See Ch. 1, General Provisions, Art. III, Noncriminal Disposition.

Whoever violates any provision of this bylaw may be penalized by indictment or on complaint brought in the district court. Except as may be otherwise provided by law and as the district court may see fit to impose, the maximum penalty for each violation or offense shall be $300. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.

The Park Department may suspend or revoke any permit issued pursuant to this bylaw for any violation of this bylaw, or any other applicable General Law, regulation or bylaw. Any person aggrieved by such suspension or revocation may request a hearing before Select Board; provided, however, that the suspension or revocation shall remain in effect unless and until the decision is reversed or modified by the Select Board.

Any person found on a property subject to this bylaw outside of the designated hours, or otherwise in violation of any provision of this bylaw or any regulations issued pursuant thereto, will be considered a trespasser and will be asked to leave and if they refuse to do so they may be subject to arrest, in the discretion of the responding officer, pursuant to MGL c. 266, § 120, or any other applicable law. Unattended vehicles found on the property after the designated hours and/or without proper proof of parking privileges may be towed at the owner's expense.

The Town may enforce this bylaw or enjoin violations thereof through any lawful process, and the election of one remedy shall not preclude enforcement through any other lawful means.