[Adopted 5-17-2010 ATM by Art. 37, approved 10-19-2010; readopted 5-14-2012 ATM by Art. 19, approved
10-11-2012]
[Amended 6-14-2021 ATM by Art. 43, approved 12-10-2021]
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.
[Amended 6-14-2021 ATM by Art. 43, approved 12-10-2021]
A. 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.
B. This section shall not apply to service animals, as defined by the
Americans with Disabilities Act 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.
[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.
[Added 6-14-2021 ATM by Art. 43, approved 12-10-2021]
A. 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).
B. 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; 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.
C. 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.
D. 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.
E. 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.
F. 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.