Milford Upper Charles Trail Bylaws
Town of Milford BY LAW: REGULATING USE OF TOWN OF MILFORD BICYCLE PATHS, TRAILS AND ASSOCIATED AREAS (Town Meeting Approved 10/18/04, Article 1) (As revised per the Attorney General January 7, 2005)
Section 1. DEFINITIONS
All-Terrain Vehicle (ATV) or Off-Road Vehicle (ORV)- Any motor powered vehicle for Off-Road or All-Terrain use, whether designed or modified for cross country travel without benefit of a road or trail, on or over land, snow, ice, wetland or other natural terrain. This definition includes but is not limited to tracked or three or four wheeled vehicles, motorcycles or related two wheeled vehicles, amphibious machines, air cushion vehicles or any other means of transportation deriving motive power from a source other than the use or exertion of the human muscle or a natural source such as the wind.
Bicycle -A non-motorized vehicle, powered by peddling or other human exertion, consisting of a frame mounted on a wheel or wheels and generally having a seat, handlebar for steering and pedals for human propulsion.
Bicycle Path -Any way designated or constructed by the Town of Milford specifically for non-motorized bicycle use for public recreation and transportation. Bicycle Paths are typically paved, signed, and have structures (gates, bollards, etc.) to control or exclude motorized vehicular access.
Handicap or HP Vehicle - A vehicle or device utilized to provide mobility to a person who would otherwise be prohibited from access because their physical ability of movement would otherwise be challenged or impaired.
Motor Vehicle -Any motorized vehicle as defined in G.L. c. 90 s. 1, or any motorized vehicle or vehicle capable of motorized operation, not so defined by G.L. c. 90 s. 1, to include, but not be limited to, automobiles, trucks, motorcycles, snow vehicles, mopeds, scooters, mini-bikes, pocket-bikes, ORVs, or ATVs.
Mountain Bicycle -A two wheel non-motorized bicycle designed to be used both on and off paved surfaces or over unimproved terrain.
Operate -To ride in or on, and be in actual physical control or the operation of a vehicle.
Official Traffic Control Devices - All signs, signals, markings, and devices placed or erected by the Town of Milford for the purposes of guiding, directing, warning or regulating use of the Bicycle Paths and related areas.
Pedestrian -A person who is walking, jogging, or running.
Person -Any individual, firm, partnership, corporation, company, association, or body politic, or any combination of individuals, including any agent, trustee, executor, receiver, assignee, or other representative of any kind, except the United States, the Commonwealth of Massachusetts, the Town of Milford or other City or Town body politic, and the agents, representatives, or employees or said governmental units.
Rail Trail -Any former railroad right-of-way utilized by the Town of Milford for public recreation and transportation. Rail Trails are typically paved, signed, and have structures (gates, bollards, etc.) to control motorized vehicular access.
Snow Vehicle -A motor powered vehicle designed to travel over snow or ice, supported in whole or in part by skis, belts, cleats or tracks.
Traffic -Pedestrians, ridden or herded or walked animals, bicycles, vehicles, buses and other conveyances either singularly or together while using any way for the purpose of travel.
Vehicle -Every device in, upon or by which any person or property is or may be transported or drawn upon a way.
Section 2. GENERAL PROVISIONS
The provisions of this By-Law shall be liberally construed to permit the Town of Milford and designated law enforcement officers to ensure and enforce the proper use of the bicycle paths and trails in accordance with these regulations and the intended use of said paths and trails.
Section 3. REGULATIONS FOR USE OF BICYCLE PATHS AND RAIL TRAILS, AND ASSOCIATED AREAS
a. No person, shall use or operate a motorized vehicle or device of any kind, or a device or vehicle capable of motorized operation, except Authorized maintenance vehicles, Emergency vehicles of the Police Department, Fire Department, Emergency Medical Services, or other emergency service upon or within the Town of Milford Bicycle Path or Trail, or associated areas, to include but not be limited to an automobile, truck, motorcycle, snow vehicle, moped, scooter, minibike, pocket-bike, ORV, or ATV, unless said area is specifically designated for the parking, placement or operation of motorized vehicles.
Motorized vehicles of any kind or type shall not be operated or placed upon or within a Town of Milford Bicycle Path or Trail, except if said vehicle or device is being utilized to provide mobility to a handicapped person who would otherwise be prohibited from access because their physical ability of movement would otherwise be challenged or impaired and provided further that said vehicle or device is not an automobile, truck, motorcycle, snow vehicle, moped, scooter, mini-bike, pocket-bike, ORV, or ATV.
b. Any motorized vehicle, as defined in G.L. c. 90 s. 1, found in or upon a Town of Milford Bicycle Path or Rail Trail, or associated areas, unless specifically authorized, shall be subject to towing and storage upon the order and direction of a law enforcement officer in accordance with the provisions of
- c. 266 s. 120D. Any motorized vehicle, or vehicle capable of motorized operation, not so defined by G.L. c. 90 s. 1, shall be subject to removal by a law enforcement officer by towing and storage in a convenient location. Neither the town, nor its chief of police or his designee, shall be liable for any damages incurred during the removal or storage of any such vehicle removed under this section or in accordance with G.L. c. 266 s. 120D.
and licensing by said Town. No person shall distribute, erect, or fix any handbill, circular, pamphlet, placard, sign, notice, billboard, poster or any printed matter in or upon any Town of Milford Bicycle Path or Trail, or associated area, except upon compliance with all By-Laws of the Town of Milford and permission and licensing by said Town. Upon approval, licensing and compliance with the By-Laws of the Town of Milford, the licensed or approved person shall be responsible for removal of all displays and any trash, litter, refuse, garbage, sewerage or other material resulting from said licensing or permission.
- p. No person shall enter upon private property from a Town of Milford Bicycle Path or Trail, or any area related thereto, except upon authorization of the owner or person having control of said property.
Section 4. ENFORCEMENT; VIOLATIONS; ARRESTS; PENALTIES
- a. Whoever is found not to be in conformance with the requirements of Section Three, shall be in violation of the Town of Milford By-Laws.
In addition to any other penalty provided by law, the registered owner of a vehicle towed and/or stored in compliance with this section or G.L. c. 266 s. 120D, shall be liable for charges for the removal and storage of such vehicle; provided, however, that the liability so imposed for the towing and storage is in conformance with the provisions of G.L. c. 159B s. 6B. However, the tow operator may, at his discretion, if the owner appears before the towing is completed, charge said owner one half of the fee usually charged for such towing.
Section 5. COMPLIANCE WITH GENERAL LAWS, BY-LAWS, AND REGULATIONS:
In addition to the provisions of the Town of Milford By-Law concerned with Regulating Use of Town of Milford Bicycle Paths, Trails and Associated Areas, said persons shall comply with all other by-laws and regulations of the Town of Milford and General Laws of the Commonwealth of Massachusetts.
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