HOUSE DOCKET, NO. 972        FILED ON: 1/13/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2230

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to recreational vehicles..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 90B Section 1 through section 38 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by striking, wherever they appear, the following words:- “the division of law enforcement of the department of fisheries, wildlife and environmental law enforcement” and inserting in place thereof the words “office of law enforcement of the executive office of environmental affairs”.

SECTION 2.  Chapter 90B, is hereby amended by adding after Section 26  the following new section:- “Section 26A. No person shall operate a recreational vehicle on any public or private land in a manner so as to cause damage to flora or fauna, unless: (a) the operator is the owner or lessee or immediate family member of said owner or lessee of such property; or (b) the operator has in his possession a written document, signed by the owner or lessee of such property, authorizing the operation of a recreational vehicle on such property; or (c) the owner or lessee of such property has designated the area for use by such recreational vehicles by posting reasonable notice of such designation in a manner approved by the director”.

SECTION 3. Chapter 90B Section 34 is hereby amended by striking the following words:- “twenty-six to twenty-eight, inclusive” and inserting in place thereof the words “twenty-six, twenty-seven and twenty-eight”.

SECTION 4. Chapter 90B Section 34 is further amended by adding at the end thereof, the following new paragraph:- “Whoever violates Section 26A, shall be punished by a fine of not less than one hundred fifty dollars nor more than five hundred dollars for the first offense or by a fine of not less than two hundred and fifty dollars nor more than one thousand dollars and forfeiture of the recreational vehicle for a second or subsequent offense.”.