Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Barnstable 9-2-2004 by Order No. 2005-004. Amendments noted where applicable.]
GENERAL REFERENCES
Noncriminal enforcement of violations — See Ch. 1, Art. I.
Storage of vehicles — See Ch. 228.

§ 128-1 Definitions.

For the purposes of this chapter, the following words shall have the following meanings:
MOTORIZED CONVEYANCE
Any wheeled device used to carry persons or property which is powered by any means other than muscular power alone, and which is not required by the laws of the Commonwealth to be registered and insured as a motor vehicle.
A. 
Railroad and railway cars;
B. 
Vehicles operated by the system known as trolley motor or trackless trolley under the general laws;
C. 
Vehicles running only upon rails or tracks;
D. 
Vehicles used for purposes other than the transportation of property and incapable of being driven at a speed exceeding twelve miles per hour and which are used exclusively for the building, repair and maintenance of highways or designed especially for use elsewhere than on the traveled part of ways;
E. 
Wheelchairs owned and operated by invalids; and
F. 
Vehicles which are operated or guided by a person on foot.

§ 128-2 Prohibition; exception.

A. 
No person shall operate a motorized conveyance on the public ways in the town, or on areas to which the public has a right of access, without the prior written consent of the owner or person in control of the property.
B. 
This chapter shall not apply to exempt motorized conveyances.

§ 128-3 Rules and regulations.

The Town Manager may adopt rules and regulations to preserve and promote the public safety, consistent with this article, governing the use and rental of motorized conveyances within the Town. Such regulations shall become effective when filed with the Town Clerk and published in a newspaper having general circulation within the Town, and may include, but need not be limited to, designation of the areas in which, or the times or seasons during which, motorized conveyances may be used notwithstanding this chapter.

§ 128-4 Violations and penalties.

Whoever violates the provisions of this chapter shall be punished by a fine not to exceed $300.

§ 128-5 Seizure of improperly used motorized conveyances.

A police officer enforcing the provisions of this chapter may seize a motorized conveyance which has been used improperly. A motorized conveyance so seized may be held by the Police Department until final disposition of any enforcement proceedings hereunder, including the payment of any fine or noncriminal penalty.