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16-59.5   Penalty.
   (A)   Any person found to be in violation of this Section will be assessed a fine of $300. Each incident of a violation will constitute a separate offense.
   (B)   In addition to any penalty provided under this Section, if any of the aforementioned substances or combination thereof listed under the provisions of these Sections are found in the possession of any person, the substances will be forfeited by seizure by the Officers of the Boston Police Department, or other Law Enforcement Officers, and may be destroyed by such law enforcement officials in a method consistent with law.
   (C)   The provisions of these Sections may be enforced in accordance with the non-criminal disposition process of M.G.L. Chapter 40, Section 21D; provided that this Section shall not preclude the city from proceeding to restrain a violation by injunction.
(CBC 1985 16-59.5; Ord. 2015 c. 6 § 5)
16.59.6   Severability
   If any provision of these Sections shall be held to be invalid by a court of competent jurisdictions, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 16-59.6; Ord. 2015 c. 6 § 6)
16-59.7   Effective Date.
   The provisions of these Sections shall be effective immediately upon passage.
(CBC 1985 16-59.7; Ord. 2015 c. 6 § 7)
16-60   RECREATIONAL VEHICLES.
16-60.1   Recreational Vehicles.
   (A)   Definitions. For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      MOTORIZED CONVEYANCE. Any wheel device used to carry persons or property which is powered by any means other than muscular power alone.
      RECREATIONAL VEHICLE. Any motor vehicle designed or modified for use over unimproved terrain for recreation or pleasure including, but not limited to, all-terrain vehicles, off-highway motorcycles, dirt bikes and recreation utility vehicles.
   (B)   Recreational vehicle registration. Pursuant to M.G.L. Chapter 90B, Section 22, no recreational vehicle, as defined by M.G.L. Chapter 90B, Section 20 as “recreation vehicle”, may be operated unless it is registered with the Boat, Recreation Vehicle and Snowmobile Registration Bureau and a valid registration number is displayed on the vehicle.
   (C)   Unregistered vehicles.
      (1)   No person shall place, store or keep more than one unregistered motorized conveyance that, in order to be operated, is required to be registered under the laws or regulations of the commonwealth, including, but not limited to, M.G.L. Chapter 90B, upon public or private land zoned for residential purposes of six or fewer residential units.
      (2)   This Section shall not apply to vehicles stored within a fully-enclosed building or to vehicles stored, parked or displayed on property duly licensed in accordance with M.G.L. Chapter 140, Sections 57 through 69.
   (D)   Property of another. No person shall operate, maintain or possess a recreational vehicle upon the property of another without written permission of the land owner on their person.
   (E)   Hazardous operation. No person shall engage in trick or stunt riding upon any public space in the city upon any motorized conveyance, including recreational vehicles.
      (1)   An operator of any motorized conveyance, including a recreational vehicle, shall not cause such vehicle to ride with its front wheel or wheels raise from the surface of the road or ground while operated in any public space.
      (2)   An operator of any motorized conveyance, including a recreational vehicle, shall not cause such vehicle to ride with its rear wheels raised from the surface of the road or ground while operated in any public space.
      (3)   An operator of any motorized conveyance, including a recreational vehicle, shall not cause any side wheels of such vehicle to raise from the surface of the road or ground while operated in any public space.
      (4)   An operator of any motorized conveyance, including a recreational vehicle, shall not ride such vehicles with his or her feet or knees planted on the seat while operating in any public space.
      (5)   An operator of any motorized conveyance, including a recreational vehicle, shall not operate such vehicle in a manner commonly associated with trick or stunt riding.
      (6)   An operator of any motorized conveyance, including a recreational vehicle, shall not operate such vehicle with a passenger if designed for a single rider.
      (7)   No passenger shall ride upon any motorized conveyance, including a recreational vehicle, that is designed for a single rider.
      (8)   An operator of any motorized conveyance, including a recreational vehicle, shall not operate such vehicle with a passenger sitting or riding upon the handle bars or forward of the operator.
   (F)   Penalties. A violation of Boston Code 16-60.1 shall be subject to a fine of $250 for the first violation and for a second or subsequent offense, by a fine of $300.
   (G)   Enforcement and regulatory authority. The Commissioner of the Boston Police Department shall have the authority to enforce these Sections and to promulgate rules and regulations necessary to implement and enforce these Sections. Additionally, the Commissioners of the Inspectional Services Department, the Public Works Department and the Boston Transportation Department shall also have authority to enforce divisions (C) and (D) above. The provisions of M.G.L. Chapter 40, Section 21D may be used to enforce this Section. The Boston Police Department shall have the authority to impound any vehicle in violation of these Sections. The Boston Police Department shall have the authority to enter upon and pass through or over private lands and property whether or not covered by water, to enforce this Code.
   (H)   Applicability. If any provision of these Sections imposes greater restrictions or obligations than those imposed by any other general law, special law, regulation, rule, ordinance, order or policy, then the provisions of these Sections shall control.
   (I)   Severability. If any provision of these Sections shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(CBC 1985 16-60.1; Ord. 2015 c. 8 § 1)
Editor’s note:
   Ord. 2015 c. 8 designated this Section as 16-59; however an earlier ordinance, Ord. 2015 c. 6, created a new Section on synthetic cannabinoids which was designated 16-59. Therefore, Ord. 2015 c. 8 has been designated Section 16-60.
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