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The 193rd General Court of the Commonwealth of Massachusetts

Section 37: Rules and regulations for government and use of reservations or boulevards; penalty

[ First paragraph effective until July 1, 2021. For text effective July 1, 2021, see below.]

  Section 37. Except as provided in section 38, the commissioner, in consultation with the director, may make rules and regulations for the government and use of the reservations, roads, driveways, parkways, boulevards or bridges under the division's care and to govern the public use of the Charles river, the Neponset river and the Mystic river, within the urban park district, and of the ponds and other waters along which it holds abutting lands for reservations in said district; provided, that no rule or regulation shall affect the water rights of any person, whether a mill owner or otherwise. No such rule or regulation shall prohibit the use of passenger or station wagon type motor vehicles whose gross weight is less than 5000 pounds and which are registered for commercial use, on ways, parkways or boulevards where non-commercial passenger-type motor vehicles are permitted to operate.

[ First paragraph as amended by 2021, 70, Sec. 1 effective July 1, 2021. See 2021, 70, Sec. 2. For text effective until July 1, 2021, see above.]

  Except as provided in section 38, the commissioner, in consultation with the director, may make rules and regulations for the government and use of the reservations, roads, driveways, parkways, boulevards or bridges under the division's care and to govern the public use of the Charles river, the Neponset river and the Mystic river, within the urban park district, and of the ponds and other waters along which it holds abutting lands for reservations in said district; provided, that no rule or regulation shall affect the water rights of any person, whether a mill owner or otherwise. No such rule or regulation shall prohibit the use of passenger or station wagon type motor vehicles whose gross weight is less than 5000 pounds and which are registered for commercial use, on ways, parkways or boulevards where non-commercial passenger-type motor vehicles are permitted to operate. No such rule or regulation shall provide for the collection of any charge or fee for parking on any boulevard, roadway, parkway, way or any portion thereof, under the jurisdictional care, custody or control of the commissioner, between regularly established curb lines or that part, exclusive of shoulders, improved and intended to be open and used for vehicular traffic by the public on a public way unless the commissioner has received prior approval from the local appropriating authority, as defined in section 21C of chapter 59, of the municipality in whose boundaries such charge or fee is collected on or after January 1, 2021. Any municipal approval of any rule or regulation providing for the collection of such charge or fee for parking prior to January 1, 2021 shall be inoperative for the purposes of this section.

  A police officer employed by a city or town in whose boundaries, reservations, roads, driveways, parkways, boulevards or bridges are located shall have all the same powers they have as a police officer of the city or town to enforce the laws of the commonwealth and the rules and regulations of the department on any bikeway, pathway, park, reservation or other land under the care of the division.

  The division shall cause such rules and regulations to be posted in the reservation, road, driveway, parkway, boulevard or bridge to which they apply, and shall also cause the same to be published at least once in a newspaper published in the county where said reservation, road, driveway, parkway, boulevard or bridge is in whole or in part situated, and such posting and publication shall be sufficient notice to all persons. The sworn certificate of the director of such posting and publishing shall be prima facie evidence thereof.

  Whoever violates any rule or regulation made hereunder shall be punished by fine not exceeding $200.