[HISTORY: Adopted by the Special Town Meeting of the Town of Yarmouth 1-11-2005 by Art. 8, approved 3-17-2005. Amendments noted where applicable.]
No person shall operate a motorized device on any sidewalk, bicycle or multi-use path, other than a bicycle lane adjacent to a public way, or any other property owned or controlled by the Town of Yarmouth or the Dennis-Yarmouth Regional School District. Operation of a motorized device shall be prohibited on other property where the public has a right of access as invitees or licensees if said operation is prohibited by posted notice of the person who has lawful control of said property.
The parent or legal guardian of any person under the age of 18 shall not authorize or knowingly permit any such person to violate any provision of the chapter.
Operation of a motorized device on private property may be prohibited if the person who has lawful control of the property posts a notice prohibiting such operation. No person shall operate a motorized device on property posted pursuant to this subsection.
As used in this chapter, the following terms shall have the meanings indicated:
- MOTORIZED DEVICE
- Any device with wheels that has handlebars or a steering mechanism and is designed to be stood or sat upon by the operator and is powered by an electric, gasoline, or alcohol-fueled motor that is capable of propelling the device with or without human propulsion.
The following vehicles shall be exempt from this chapter.
Any vehicle capable of being registered in the Commonwealth of Massachusetts as a motor vehicle, as defined by MGL c. 90, § 1;
Motorized bicycles as defined by the MGL c. 90, § 1, the use of which is regulated by MGL c. 90 § 1B;
Recreation or snow vehicles, as defined by MGL c. 90B, § 20, the use of which is regulated by MGL c. 90B;
Wheelchairs or similar devices used by handicapped persons;
Landscaping equipment, golf carts, or industrial carts while being used for the vehicle's intended purpose; and
Other vehicles the use of which is specifically allowed by Massachusetts law.
This chapter may be enforced by use of noncriminal disposition procedure for by-law enforcement pursuant to MGL c. 40, § 21D. Any violation shall be cited to the person operating and/or to a parent or guardian who knowingly permits someone under the age of 18 to violate the chapter.
A motorized device, operated by a person under the age of 18 in violation of this chapter, may be impounded by the Yarmouth Police Department at the owner's or operator's expense, until claimed by a person 18 years of age or older.
Any person who violates this chapter shall be subject to a fine of $50 for the first offense, $100 for the second offense, and $200 for any subsequent offense.