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.
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.
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.
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.
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.
"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.