[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.]
A.
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.
B.
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.
C.
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:
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.
A.
Any vehicle capable of being registered in the Commonwealth
of Massachusetts as a motor vehicle, as defined by MGL c. 90, § 1;
B.
Motorized bicycles as defined by the MGL c. 90, § 1,
the use of which is regulated by MGL c. 90 § 1B;
C.
Recreation or snow vehicles, as defined by MGL c.
90B, § 20, the use of which is regulated by MGL c. 90B;
D.
Wheelchairs or similar devices used by handicapped
persons;
E.
Landscaping equipment, golf carts, or industrial carts
while being used for the vehicle's intended purpose; and
F.
Other vehicles the use of which is specifically allowed
by Massachusetts law.
A.
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.
B.
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.
