[Adopted 5-5-2014 ATM, approved 9-21-2014]
A.
Intent and purpose. This section is adopted for the purpose of preserving
and protecting the portion of the Lone Tree Hill property (the "property"),
formerly known as The McLean Open Space, currently owned by the Inhabitants
of the Town of Belmont and managed by the Town of Belmont Land Management
Committee (the "Committee") pursuant to a quitclaim deed from The
McLean Hospital Corporation to the Inhabitants of the Town of Belmont,
and Conservation Restrictions B-1 and B-2, each on file with the Middlesex
County South Registry of Deeds at Book 45478, Page 283 (deed), and
Book 45375, Page 258 (Conservation Restriction B-1), and Book 45375,
Page 275 (Conservation Restriction B-2). By preserving and protecting
the property, this section promotes the public welfare by ensuring
the safety of visitors, protecting the land and resident wildlife,
and preserving passive recreation spaces within the Town consistent
with the above-referenced documents. This section shall be interpreted
in furtherance of the intents and purposes described in this subsection.
B.
Permitted uses.
(1)
Hours. The public shall be permitted to use the property for
passive recreation on designated trails from dawn until dusk. The
public shall observe seasonal closings and other restrictions as established
by the Committee.
(2)
Dogs. The public shall be permitted to bring dogs onto the property,
provided that those dogs remain on leashes measuring six feet or less.
Members of the public shall remove all feces created by their dogs
on the property.
(3)
Bicycles. The public shall be permitted to ride bicycles on
the property, provided however those bicyclists shall:
(4)
Other uses permitted by the Committee. The Committee may permit
the public to use the property in other ways with prior Committee
permission.
C.
Prohibited uses.
(1)
Trails. The public shall not deviate from trails on the property.
(2)
Animals and natural materials. The public shall not physically
disturb animals, vegetation, or natural materials on the property
in any manner.
(3)
Trash. The public shall not litter on the property and shall
remove all items brought onto the property upon departure.
(4)
Other prohibited uses. The public shall not engage in any of
the following activities on the property:
(a)
Use of motorized vehicles;
(b)
Dumping of trash or other refuse;
(c)
Use or creation of fires;
(d)
Smoking;
(e)
Possession or use of alcohol;
(f)
Camping or use of a tent;
(g)
Creation or construction of any temporary or other structure;
[Amended 5-4-2015 ATM,
approved 8-2-2015]
(h)
Hunting;
(i)
Ball playing or other active recreation, including, but not
limited to, baseball, soccer, football, or Frisbee;
(j)
Throwing of stones, snowballs, sticks, or other missiles;
(k)
Flying kites or other objects; or
(l)
Possession, shooting or use of an airgun, bow and arrow, slingshot
or other similar device.
D.
Enforcement. Violations of this section shall be punishable by a
fine of $50 for each offense. In addition to the provisions for enforcement
set forth elsewhere in this section, the provisions of this section
may also be enforced by noncriminal disposition as provided in MGL
c. 40, § 21D ("§ 21D"). The penalty for such violation
shall be $50 for each offense. Each day or part thereof shall constitute
a separate offense.
(1)
An enforcing person taking cognizance of a violation of this
section may, as an alternative to instituting criminal proceedings,
give the offender written notice to appear before the Clerk of the
District Court having jurisdiction thereof for the noncriminal disposition
thereof in accordance with the provisions of § 21D. The
provisions of § 21D are incorporated herein by this reference.
(2)
"Enforcing person" as used in this subsection shall mean any
police officer of the Town or any other Town employee designated by
the Select Board as an enforcing person.
