City of Springfield, MA
Hampden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Springfield as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 275.
Vehicles and traffic — See Ch. 385.
[Adopted 12-17-1990 (Title 9, Ch. 9.26, of the 1986 Code)]
As used in this article, the following terms shall have the meanings indicated:
SKATEBOARD
A single platform mounted on wheels, which is propelled solely by human power.
A. 
Skateboarding shall be prohibited upon the property of any municipal buildings, including but not limited to steps, landings, and esplanades.
B. 
Skateboarding shall be prohibited upon any roadway, street or sidewalk in any portion of the City specifically designated as a central business district.
C. 
A person in violation of this section may be cited for a violation of this article, and the skateboard he or she was riding may be seized as evidence until final disposition by a hearing before the Parking Clerk and/or held until the fine is paid.
Skateboard operators in nonprohibited areas shall yield the right-of-way to all vehicular and all other pedestrian traffic upon the sidewalk and not otherwise endanger or interfere with pedestrian traffic.
The Department of Public Works of this City is authorized to erect official traffic control devices on those areas where skateboarding is prohibited.
There shall be no fine for the first violation of this article; the fine for the second violation and each subsequent violation shall be $15 per violation. All fines shall be payable to the Parking Clerk, and no criminal record shall be made as a result of any violation of this article. If the fine is not paid within 21 days or if the violator has not requested a hearing before the Parking Clerk within said 21 days, the fine shall increase to $30 for the violation. A police officer or a meter maid shall take cognizance of any such violation and shall request the violator to state his name and address.
[Adopted 8-19-2003; amended in its entirety 5-19-2005 (Title 9, Ch. 9.28, of the 1986 Code)]
The City Council finds and declares the following:
A. 
That because of the severely congested streets, roadways and alleys of the City, these regulations banning motorized scooters would serve the public interest and safety.
B. 
That motorized scooters adversely affect traffic flow and the response time of emergency vehicles in the City.
C. 
That motorized scooters lead to motor vehicle accidents for the operator and other motor vehicles and pedestrians in the City.
As used in this article, the following terms shall have the meanings indicated:
MOTORIZED SCOOTER
Any two-wheeled device, including, but not limited to, the so-called mini-bikes, pocket bikes, mini choppers, gas scooters, electric scooters or motorized skateboards, that has handlebars, and which is designed to be stood upon or seated upon by the operator, and is powered by a gas or electric motor that is capable of propelling the device with or without human propulsion at any speed on any street, roadway or alley in the City that is not defined as a motor vehicle under the laws of the Commonwealth of Massachusetts.
A. 
Prohibited absent express written permission. No person shall operate a motorized scooter, motorized skateboard, or other similar motorized vehicle (hereinafter referred to as "personal motorized vehicles") on any City-owned or -controlled public way, sidewalk, park, playground, recreational area, public school property or any other property owned or controlled by the City, without the express written permission to do so from the City official(s) or officer having jurisdiction over the use of said City property or his/her respective designee (hereinafter referred to as the "authorizing official"). The following vehicles shall be exempt from the provisions of this article:
(1) 
Vehicles licensed by the Commonwealth of Massachusetts as motor vehicles;
(2) 
Vehicles licensed or used by the federal government or any federal agency, instrumentality or entity, including the United States Postal Service, performing service to the public;
(3) 
Personal motorized vehicles used by disabled persons;
(4) 
Personal motorized vehicles used by governmental law enforcement personnel, including police officers; and
(5) 
Landscaping equipment.
B. 
Conditions on the grant of written permission. Any grant of written permission to use a personal motorized vehicle issued by the authorizing official pursuant to Subsection A shall include the following conditions/restrictions.
(1) 
No personal motorized vehicle shall be operated:
(a) 
Without being equipped with a braking system;
(b) 
Without the rider wearing a helmet;
(c) 
In a careless or reckless manner so as to endanger the safety of any person or the property of any person; and
(d) 
Without complying with applicable federal and state laws and regulations.
(2) 
No person under the age of 16 shall operate a motorized scooter without a valid learner's permit or driver's license.
C. 
The authorizing official is further authorized to impose such other restrictions and limitations as deemed appropriate or necessary to protect the public safety, interest and welfare. All persons using City property pursuant to a grant of permission shall comply with the restrictions and limitations referenced herein or imposed pursuant hereto.
A. 
Enforcement. The provisions of this article may be enforced by any police officer or any special police officer designated by the Board of Police Commissioner to do so.
B. 
Violations and penalties. The following penalties shall be applicable for violations of this article:
(1) 
Any person who violates the provisions of this article shall be subject to a fine in the amount of $100 for the first offense, $200 for a second offense, and $300 of a third or any subsequent offense.
(2) 
As an alternative to initiating criminal proceedings, violations of this article may be enforced in a manner provided in Chapter 1, Article V, § 1-25, of the City Code and MGL c. 40, § 21D, which procedures are incorporated herein by reference. The penalty for each violation shall be as set forth in Subsection B(1) above for each day or part of a day during which the violation is committed, continued, or permitted; provided, however, that if a violator fails to follow the procedures and requirement of said MGL c. 40, § 21D, the fine or fines shall be recovered by indictment or an complaint pursuant to MGL c. 40, § 21.
(3) 
Upon the violation of any provision of the article, any police officer or any special police officer designated by the Board of Police Commissioners may impound the motorized scooter until the operator appears in court. If an operator is an adult and is convicted of violating any provision of this article, the motorized scooter may be subjected to a forfeiture proceeding under the General Laws; if the operator is a minor, the motorized scooter may be subjected to a forfeiture proceeding under the General Laws, if the minor is adjudicated delinquent, or have the case continued without a finding.