[Adopted as Art. XX of the Town Bylaws]
The following words, as used in this bylaw, unless a different
meaning is required by the context, or as specifically prescribed,
shall have the following meanings:
VEHICLE(S)
Includes all passenger motor vehicles and trucks, both registered
and unregistered.
[Amended 5-1985]
No person, group of persons or organizations shall operate, or cause to be operated, any vehicle on Shirley Reservoir. Whoever violates any part of this §
182-2 shall be punished by a fine of not less than $25 nor more than $100.
It shall be unlawful for any person to discharge in or upon
Shirley Reservoir any pollutant or to discard therein or thereupon
litter of any kind or upon the ways adjacent thereto. Whoever violates
any part of this section shall be punished by a fine of not less than
$100 nor more than $200.
[Adopted 11-16-2015 STM by Art.
8]
The purpose and scope of this bylaw is to protect the safety
of the public, to prevent the destruction of aquatic life, waterfowl
or other wildlife, the decay of water quality and damage to abutting
private and public lands by the inappropriate use of motor vehicles,
recreation vehicles or snow vehicles on the waters or frozen waters
of Whalom Lake; to promote voluntary compliance with all applicable
laws relating to the operation of motor vehicles; and, when necessary,
to deter noncompliance through fines and penalties.
As used in this bylaw, the following terms shall have the meanings
indicated:
ALL-TERRAIN VEHICLE
A motorized recreational vehicle designed or modified for
travel on four low-pressure tires and having a seat designed to be
straddled by the operator and handlebars for steering control, and
recreational vehicle or off-highway vehicle as defined in 323 CMR
3.02 and governed by MGL c. 90B.
BOARD
The Town of Lunenburg Select Board.
[Amended 5-7-2022 ATM by Art. 24]
LAW ENFORCEMENT OFFICER
Any police officer, constable or other officer authorized
to make arrests or serve process, provided he is in uniform or displays
his/her badge of office.
OPERATION
To ride in or on and control the operation of, or to maintain,
suffer, supervise, or permit the operation of, or to push a snow vehicle
or an all-terrain vehicle, or in the case of a motor vehicle, any
person who makes use of any mechanical or electrical agency, which
alone or in sequence will set in motion the motive power of the vehicle,
or if the engine is not running, any person who utilizes any combination
of actions that would set the vehicle in motion.
PUBLIC ACCESS
The public access located in the City of Leominster or any
other place where Whalom Lake can be accessed by the public.
SNOW VEHICLE
A motor vehicle designed to travel over ice or snow, having
a curb weight of not more than 453 kilograms or 1,000 pounds, driven
by track or tracks in contact with the snow or ice and steered by
a ski or skis in contact with the snow or ice as defined in 323 CMR
3.02 and governed by MGL c. 90B.
No person, group of persons or organizations shall operate,
or cause to be operated, any motor vehicle as defined in MGL c. 90,
§ 1, on the waters or frozen waters of Whalom Lake.
No snow vehicle or all-terrain vehicle shall enter upon Whalom
Lake except by public access or by written permission by the landowner.
[Amended 5-7-2022 ATM by Art. 24]
This bylaw may be enforced through any lawful means in law or
in equity, including, but not limited to, enforcement by criminal
complaint pursuant to MGL c. 40, § 21D, by the Select Board,
the Town Manager, or their duly authorized agents, or any police officer.
The fine for a violation of this bylaw shall be $300 for each offense.