[HISTORY: Adopted by the Annual Town Meeting of the Town of Chelmsford 10-17-2005
by Art. 12. Amendments noted where applicable.]
The purpose of this chapter is to promote and protect the health, welfare,
and safety of the inhabitants of the Town of Chelmsford by reducing the noise,
environmental impacts and other adverse effects associated with the unrestricted
operation of recreation vehicles. This chapter is intended to be consistent
with the provisions of MGL c. 90B, §§ 20 through 35 and 323
CMR 3.01 et seq., as amended.
As used in this chapter, the following terms shall have the meanings
indicated:
A building designed and occupied as the living quarters of one or
more individuals.
To ride in or on and control the operation of, or maintain, suffer
or permit the operation of, or to push a recreation vehicle, or, in the case
of a person who has custody of a minor between the ages of 10 and 14, to knowingly
permit or suffer the operation of a recreation vehicle by such minor between
the ages of 10 and 14 without direct supervision by a person 18 years old
or older, and, when acting as a supervising person under MGL c. 90B, § 26,
to knowingly permit a person supervised to violate any state law or Town bylaw
regulating operations.
A person, other than a lien holder, having the property or title
to a recreation vehicle entitled to the use or possession thereof.
Any vehicle designed or modified for use over unimproved terrain
if used for recreation or pleasure off a public way as defined in MGL c. 90,
and all legally registered motor vehicles when used off a way, as defined
under MGL c. 90. This definition shall include vehicles designated recreation
vehicles under MGL c. 90B, including vehicles commonly known as "dirt bikes"
and "all-terrain vehicles" (or "ATVs") and "snowmobiles." Vehicles used for
agriculture, forestry, lumbering or construction shall be excluded from this
definition when used for such purpose.
A.
Age limit: No person under 14 years of age shall operate
a recreation vehicle except as provided below:
(1)
A person between the ages of 12 and 14 years old may
operate a recreation vehicle wearing a helmet and if directly supervised (as
defined in 323 CMR 3.02) by a person 18 years old or older;
(2)
A person between the ages of 10 and 12 years may operate
a recreation vehicle wearing a helmet and if directly supervised (as defined
in 323 CMR 3.02) by a person 18 years old or older and the vehicle is operated
on land on which the operator is domiciled; or
(3)
A person under 14 years of age may operate a recreation
vehicle in a sanctioned race, rally or organized event which has been authorized
or approved by the appropriate local authority.
(4)
No person under 10 years of age shall operate a recreation
vehicle under any circumstances.
B.
Distance from dwelling: No person shall operate a recreation
vehicle on any public or private land within 150 feet of a dwelling without
the permission of the owner of such dwelling, such owner's agent, or
such owner's lessee, except in cases of emergency, when directly departing
or returning to such residence or when operating on the property of another
for which permission has been granted. Such permission may be granted to an
individual, association, or other organization, for the benefit of members
thereof.
C.
Noise: No recreation vehicle shall be operated which
makes an unusual or excessive noise or which emits obnoxious fumes.
D.
Muffler requirement: No person shall use a muffler cut-out,
by-pass, straight pipe or similar device on a recreation vehicle.
A.
Any person who violates any of the provisions of this
chapter shall be fined as set forth below, or, alternatively, such violation
may be enforced in accordance with MGL c. 40, § 21D.
The provisions of this chapter shall be enforced by the Chelmsford Police
Department.
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