PITTSFIELD, Mass. — Ward 7 Councilor Anthony Maffuccio would like the city's ordinance on snowmobiles to match Mass General Law.

Maffuccio's requested that the ordinance includes language from MGL Chapter 90B Section 25 stating that recreational or snow vehicles should not be operated on city ways, on the plowed snowbanks of such ways, or on any other public way, except to cross a way or to gain access to an area that allowed under state law.

Essentially, the councilor would like to mimic the state statute by adding snow vehicles to the city ordinance, which previously excluded that type of vehicle. For unknown reasons, snowmobiles have been locally exempt.

City Solicitor Stephen Pagnotta confirmed that making these changes does not suddenly ban the use of snowmobiles as it was already illegal to use them in certain places under state law, from which the text is taken directly.

Local snowmobilers have expressed concern that the changes will limit or exclude the use of snowmobiles in the city. 

On Tuesday, the City Council will be presented with the proposed changes to the City Code Section 14-17 that defines restrictions and exemptions for recreational land vehicles.

Maffuccio's amendment also adds "snow vehicle" to the definition of vehicles that cannot be operated within 300 feet of an occupied residence within a residential zone without permission from the owner or occupant.

In addition, he requested that snow vehicles to be removed from the part of the ordinance that excludes them as recreation vehicles within the meaning of this section.

In March, Maffuccio requested a review of the chapter in dealing with illegal snowmobile use and off-terrain recreational nuisance. At the meeting, he said he wants to make sure the city is in line with Mass General Law Chapter 90B Section 20 and that the fine structures are in place.

He said there is a lot of misuse of snowmobiles and similar four-wheeled vehicles, especially in Ward 7.

"There is no enforcement in the city for snowmobiles driving up and down the street, so that is why I'm trying to incorporate snowmobile snowmobiles in this classification," He said.

This does not sit well with the local snowmobiling community.

During this meeting, Danielle Cartier from the Berkshire Snowseekers snowmobile club called to express concern about the petition.

Currently, there is a "Stop the Pittsfield Ordinance" petition on Change.org with almost 2,000 signatures that refers to Maffuccio's requests.

Carter wrote on the petition's webpage:

"Pittsfield City Council on December 14th, 2021 will most likely be voting on an ordinance change which will stop or access to:

• Pontoosac Lake area
• Kirvin Park (which is access to October Mountain from Pittsfield).
• you will no longer be able to ride a snowmobile on your own property within 300 ft of your neighbors' property.

"This ordinance will not just affect Pittsfield it will affect business and people in other towns, so this affects snowmobiling in Berkshire County as a whole! Please consider signing to tell Pittsfield City Council to vote no against the change in the ordinance. Thank you!"

About 100 people have written personal testimonies as reasons for signing the petition.

"I'm signing because snowmobiling is an incredible winter sport for families that has low environmental impact and brings business to the area," a supporter wrote.

"Shutting down the ability to ride will mean lost revenues for local businesses and the state."

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