New General Bylaw for Lone Tree Hill

New General Bylaw adopted at Annual Town Meeting May 5, 2014, awaiting the approval of the Attorney General.

 

ARTICLE 10

Use of Town Property

 

§ 60-1000:  Lone Tree Hill Conservation Land.

 

  1.             Intent and Purpose.

 

This Section is adopted for the purpose of preserving and protecting the portion of the Lone Tree Hill property (the “Property”), formerly known as the McLean Open Space, currently owned by the Inhabitants of the Town of Belmont and managed by the Town of Belmont Land Management Committee (the “Committee”) pursuant to a Quitclaim Deed from The McLean Hospital Corporation to The Inhabitants of the Town of Belmont, and Conservation Restrictions B-1 and B-2, each on file with the Middlesex County South Registry of Deeds at Book 45478, Page 283 (Deed) and Book 45375, Page 258 (Conservation Restriction B-1) and Book 45375, Page 275 (Conservation Restriction B-2). By preserving and protecting the Property, this Section promotes the public welfare by ensuring the safety of visitors, protecting the land and resident wildlife, and preserving passive recreation spaces within the Town consistent with the above-referenced documents.  This Section shall be interpreted in furtherance of the intents and purposes described in this Subsection.

 

  1.             Permitted Uses.

 

(1) Hours.  The public shall be permitted to use the Property for passive recreation on designated trails from dawn until dusk.  The public shall observe seasonal closings and other restrictions as established by the Committee.

(2) Dogs.  The public shall be permitted to bring dogs onto the Property, provided that those dogs remain on leashes measuring 6 feet or less.  Members of the public shall remove all feces created by their dogs on the Property.

(3) Bicycles.  The public shall be permitted to ride bicycles on the Property, provided however those bicyclists shall:

 

(a) Use only trails designated by the Committee as “shared use”;

(b) Permit pedestrians to have the right of way; and

(c) Use appropriate caution and speed on trails to promote safe use.

 

(4) Other Uses Permitted by the Committee.  The Committee may permit the public to use the Property in other ways with prior Committee permission.

 

  1.             Prohibited Uses.

 

(1) Trails.  The public shall not deviate from trails on the Property.

(2) Animals and Natural Materials.  The public shall not physically disturb animals, vegetation, or natural materials on the Property in any manner.

 

(3) Trash.  The public shall not litter on the Property and shall remove all items brought on to the Property upon departure.

(4) Other Prohibited Uses.  The public shall not engage in any of the following activities on the Property:

 

(a) Use of motorized vehicles;

(b) Dumping of trash or other refuse;

(c) Use or creation of fires;

(d) Smoking;

(e) Possession or use of alcohol;

(f) Camping or use of a tent;

(g) Creation of construction of any temporary or other structure;

(h) Hunting;

(i) Ball playing or other active recreation including, but not limited to, baseball, soccer, football, or Frisbee;

(j) Throwing of stones, snowballs, sticks, or other missiles;

(k) Flying kites or other objects; or

(l) Possession, shooting or use of an airgun, bow and arrow, slingshot or other similar device.

 

  1. Enforcement.

 

Violations of this Section shall be punishable by a fine of $50 for each offense.

 

In addition to the provisions for enforcement set forth elsewhere in this Section, the provisions of this Section may also be enforced by non-criminal disposition as provided in MGL c. 40, § 21D (“Section 21D”).  The penalty for such violation shall be $50 for each offense.  Each day or part thereof shall constitute a separate offense.

  1. An Enforcing Person taking cognizance of a violation of this Section may, as an alternative to instituting criminal proceedings, give the offender written notice to appear before the Clerk of the District Court having jurisdiction thereof for the noncriminal disposition thereof in accordance with the provisions of § 21D.  The provisions of § 21D are incorporated herein by this reference.

 

  1. “Enforcing Person” as used in this Subsection shall mean any police officer of the Town or any other Town employee designated by the Board of Selectmen as an Enforcing Person.