Driveshaft Hill update (sort of)

[92 Green YJ]

OK, i was finally able to obtain one of these flyers. I wasnt given it but a guy i wheel with got one last weekend and he gave it to me today. what follows is the directly quoted flyer and the exact words on it. I will also attempt to duplicate the font and bolding.

PLEASE OBEY THE LAWS OF SMITHFIELD
Smithfield Town Ordinance Artivle IV

SEC. 13-65. No person shall use a mini-bike, motorcycle, go-cart or other like vehicle on or upon any public property of the town.

SEC. 13.66. No person shall use a mini-bike, unregistered motorcycle, go-cart or other like vehicle on private property, whether posted or not, without the permission of the owner of such propertry.

These vehicles have been tearing up walking trails, disturbing wildlife, and destroying wetlands. They represent a danger to our natural resources and to our ability to enjoy our community. They can also be a danger to the operators when used carelessly in remote areas.

PLEASE, YOU ARE BEING ASKED POLITELY, OBEY THE LAW!

This notice was prepared by
the Smithfield Conservation Commission and the Smithfield Land Trust




so that is what these flyers say. notice the articles quoted mention NOTHING about fullsize vehicles. I firmly believe these people are just blowing smoke at us.

 

[sidriptide]

my initial guess about this topic was something along those lines.. looks like they are targeting the ATV crowd who normally ventures off the main road and makes new trails because the main road is "boring"..... (spoken from past personal experience.. )

mike

 

[Eagle]

Agreed.

Prohibitions on scooters, mini-bikes and such are very common, and the references to "public property" refer to municipally-owned properties -- such as the lawns and parking lots of public buildings. I'm not a lawyer, but I think such restrictions do NOT extend to public streets, but use of such unregistered conveyances on public streets is prohibited by state motor vehicle laws/regulations anyway.

So it does appear that they are either blowing smoke, or addressing the smaller vehicles that branch off the power line R.O.W.

The only way this could be a concern for us would be if any portion(s) of the R.O.W. which we use crosses private property and the owner isn't willing to allow wheelers to cross his/her turf. Dunno how to determine where this might be a problem. It would help to get copies of the actual map of the R.O.W. for the "paper street," because that's a public way and if worst came to worst, we could use the paper street to traverse past any stretches of private property where the owner declines to allow us to wheel. (Assuming the paper street extends the full length of where we go.)

I just hope the paper street doesn't run through the middle of the abysmal swamp mudhole. What do ya wanna bet?

Scott, what are you doing on here? Aren't you graduated or something?

 

[CheapXJ]

hmm....

This is interesting. First off, they quoted ordinances from 1985. here's the current:

Chapter 246: MOTORCYCLES, MINIBIKES AND GO-CARTS


§ 246-1. Riding on sidewalks.

No person shall ride, drive or otherwise use a minibike, motorcycle, go-cart or other like vehicle on the sidewalks of any public street of the Town.

§ 246-2. Riding on public property.

No person shall ride, drive or otherwise use a minibike, motorcycle, go-cart or other like vehicle on or upon any public property of the Town. The provisions of this section shall not apply to the operation of registered motorcycles upon streets, highways or other public areas maintained and designed for the use of motor vehicles.

§ 246-3. Riding on private property.

No person shall ride, drive or otherwise use a minibike, unregistered motorcycle, go-cart or other like vehicle on private property, whether posted or not, without the permission of the owner of such property.

§ 246-4. Violations and penalties. Any violation of this chapter shall be subject to a fine not exceeding $25 per offense. Prosecution and collection of said fines shall be in accordance with Chapter 340, Vehicles and Traffic, Article I, Payment of Parking Fines, of this Code.


and... on a personal note... A fine not exceeding $25 is still cheaper than going to Paragon.

 

[92 Green YJ]

Eagle, yes it seems they are targeting the ATVers, but why is it then that they are handing these things out to Jeepers?? I got ahold of this flyer from jeremy who wheels a lifted TJ. He was stopped as he was exiting the trail on 104 by some guy in a car and given the flyer.

As to graduated, not quite yet. graduation is on the 22nd. So im here for another week or so yet.

Ryan, where the hell did you dig that up and why did you not tell me about it??

 

[Eagle]

Ryan must be taking a class in Civics -- lesson 3, never trust a citation provided by someone who is telling you you're in the wrong.

My guess is that the greenie gave the flyer to Jeremy because the greenie believes there's something in the ordinance that prohibits registered vehicles from traversing that R.O.W.

It appears the greenie is incorrect in his assumption.

 

[CheapXJ]

Ryan, where the hell did you dig that up and why did you not tell me about it??

http://www.generalcode.com/webcode2.html#rhod

I figured you'd read it anyways, and I was kinda busy fighting w/ masshole traffic when you called .