Reorganized General By-Laws (Annual Town Meeting April 1998)
1. Interpretation and Adoption
2. Penalties and Enforcement
3. Public Documents
4. Town Meetings and Town Elections
5. Town Boards
6. Finance, Employment, and Fees
7. Domestic Partnerships
8. Licensing and Regulation Of Businesses
9. Licensing and Regulation Of Certain Businesses
10. Sign Regulations
11. Building Regulations
12. Wetlands Protection Bylaw
13. Prohibited Activities
14. Water Use Restriction By-Law
15. Local Historic District
LEGISLATIVE HISTORY
Approved by Town Meeting
April 6, 2009
Approved by Attorney General
April 17 &
March 28 &
May 7 &
July 2 & 15, 1992
January 3 &
May 3 &
December 22, 2008
July 14, 2009
THE PROVINCETOWN GENERAL BYLAWS
1. INTERPRETATION AND ADOPTION
2-1. Fines for violation of a bylaw.
2-3.
Non-criminal disposition.
3-2. Custody of legal documents.
3-3. Publication of certain documents.
4. TOWN MEETING
AND TOWN ELECTIONS
4-3. Speeches at
town meeting.
5-4. Notification
of appointment to town positions.
5-5. Overlapping
terms of membership on town boards.
5-7. Vacancies on
appointed town boards.
5-8. Records of
doings and accounts.
5-9. Dissolution
of committee for failure to make reports.
5-10. Annual reports and recommendations.
5-11. Reports requiring town meeting action.
5-12. Public hearings on proposed rules and regulations.
5-13. Identification of sources.
5-14. Community Preservation Committee By-law
5-15. Economic Development Council and Economic
Development Permits
6. FINANCE,
EMPLOYMENT, AND FEES
6-3. Compensation
for work performed for the town.
6-4. Contracts,
sales and leases.
6-5. Application
of dedicated funds or property.
6-7. Fees for use
of harbor front facilities.
6-8. Special
assessments for water pipes.
6-9. Interest on
unpaid water bills.
7-3. Registration
and Termination.
7-6. Rights of
domestic partners.
7-7.
Discrimination Prohibited.
7-10. Effect on other sections of town bylaws.
8. LICENSING AND
REGULATION OF BUSINESSES
8-1. Limitation of
licensing authority.
8-2. Notification
of intent to commence business.
8-3. Public
hearing and notification requirements.
8-4. Issuance of
licenses, permits and approvals.
8-5. Licenses and
permits of delinquent taxpayers.
8-6. Possession of
licenses, permits and approvals.
8-7. Annual
inspection and filings.
8-8. Conducting
business without proper license(s).
8-9. Hours of
retail business operation.
8-13. Regulating
closing out sales.
8-14. Purchasing
second‑hand goods.
8-15. Hours of
Entertainment and Amusement Operation.
9. LICENSING AND
REGULATION OF CERTAIN BUSINESSES
9-3. Commercial
Solicitation on Public Property.
9-6. Use of town
owned docking facilities.
10-1. Administration
and Enforcement.
10-5. Temporary
and political signs.
10-6. Chalkboards
and menu boards.
11‑1.
Building permits and inspections.
11-2. Electrical
Installation Permits and Inspections.
11-3. Private
Swimming Pools, Spas, and Hot Tubs.
11-4. Handicapped
Parking Spaces on Private Property.
11-5. Street
numbers on buildings.
12-4. Applications for Permits and Requests for
Determination.
12-6. Coordination with Other Boards.
12-14. Relation to the Wetlands Protection Act.
13-1. Prohibited
use of private property.
13-3. Prohibited
use of motor vehicles.
13-4. Prohibited
use of waterfront and harbor.
14. WATER USE RESTRICTION BY-LAW
14-4. Declaration
of a State of Water Supply Conservation.
14-6. Public
Notification of a State of Water supply Conservation.
14-7. Termination
of a State of Water supply Conservation.
14-8. State of
Water Supply Emergency.
15-4. Commission
Composition and Appointments.
15-5. Commission
Powers and Duties
15-6. Alterations
and Construction Prohibited Without a Certificate.
15-7. Procedures
for Review of Applications
15-8. Criteria for
Determinations.
THE PROVINCETOWN GENERAL BYLAWS
1‑1‑1.
Previous bylaws superseded with exceptions. The
following provisions constitute "The Provincetown General Bylaws" and
supersede all bylaws previously enacted except the Zoning Bylaws (including the
Sign Code) and the Compensation Plan of the Town of
1‑1‑2. Repealed or superseded bylaws not to be revived. No bylaw previously repealed or superseded by these bylaws shall be revived by the repeal of any of these bylaws.
1‑1‑3. Invalidity of any section not to invalidate other sections. The invalidity of any section or provision of these bylaws shall not invalidate any other section or provisions thereof.
For the purpose of these bylaws, the following terms shall be defined as stated below to the extent that the context of a bylaw permits, unless otherwise defined in a bylaw:
1-2-1. Vote of the town. "Vote of the town" means a motion duly approved by a Town Meeting.
1-2-2. Town employee. "Town employee" means a person who is elected or appointed to a town office in accordance with the General Laws of the Commonwealth, the Town Charter or these bylaws.
1-2-3. Town authority. "Town authority" means any person or group of persons, whether elected or appointed, authorized to bind the Town in contract, or to enforce on behalf of the Town the General Laws of the Commonwealth, the Town Charter, these bylaws, or any rule or regulation duly promulgated by the Board of Selectmen, a Town Board, or any agent or delegate thereof.
1-2-4. Town board. "Town board" means any town board, commission, committee, council, or agency.
1-2-5. Person. "Person" means any individual or group of individuals, or any association, partnership, corporation, company, profit or non‑profit business organization, trust or estate, to the extent permitted under the laws of the Commonwealth of Massachusetts; and the United States and the Commonwealth of Massachusetts, their political subdivisions, administrative or regulatory agencies, public or quasi‑public corporations or bodies, an any other legal entity thereof including their legal representatives, agents and assigns, insofar as may be permitted by the laws of the Commonwealth of Massachusetts or of the United States.
1‑3‑1. Adoption of a proposed bylaw. A proposed bylaw may be adopted by a majority vote of those present and voting at any Town Meeting.
1‑3‑2. Amendment of a bylaw. Any bylaw other than a zoning bylaw, may be repealed or amended by a majority vote of those present and voting at any Town Meeting.
The violator of any of these bylaws and other state and local regulations, shall be subject, for each offense, to the penalty specified in Schedule A to these bylaws, but not exceeding the maximum penalty authorized by G.L. c.40, 21, as amended.
Whoever violates any provision of these bylaws may be penalized by indictment or on complaint brought in the District Court. Except as may be otherwise provided by law and as the District Court may see fit to impose, the maximum penalty for each violation, or offense shall not exceed the maximum penalty specified in G.L. c.40, 21, as amended.
Alternative method of enforcement. Any duly adopted bylaw of the Town of Provincetown, or Rule or Regulation of its boards, commissions and committees and officers, the violation of which is subject to a specific penalty, may at the discretion of the town employee who is the appropriate enforcing person, be enforced by the method provided in G.L. c.40, 21D.
2-3-1-1. Any rule or regulation of the
Provincetown Public Pier Corporation duly enacted as of April 6, 2009 shall be
deemed a regulation of the Board of Selectmen. Violation of such rules or
regulations may be enforced by any available means in law or equity, including
but not limited to non-criminal disposition pursuant to G.L. c.40, §21D, and
Sections
Non‑criminal dispositions. Whoever violates any provision of these bylaws, the violation of which is subject to a specific penalty, may be penalized by a non‑criminal disposition as provided in G.L. c.40, 21D. The non‑criminal method of disposition may also be used for violations of any Rule or Regulations of any municipal officer, board or department which is subject to specific penalty. Each day on which any violation exists shall be deemed to be a separate offense.
2-3-2-1. Violations of the Provincetown Public Pier Corporation Regulations in Effect on April 6, 2009 (attached as Appendix 1 to Schedule A): 1st offense, $100.00; 2nd offense, $200.00; 3rd and subsequent offenses, $300.00[2]
2-3-3. Enforcing person. "Enforcing person", as used in this
chapter shall mean any Selectman or any police official of the Town of
Provincetown with respect to any offense; and the town official in charge of
the Airport and his designees, Shellfish Constable and his designees, the Conservation
Officer and his designees, the Harbormaster and his designees, the Health Agent
and his designees, the Licensing Agent and his designees, Sealer of Weights and
Measures and his designees and the Zoning Enforcement Officer and such other
officials as the Board of Selectmen may from time to time designate, each with
respect to violation of bylaws and rules and regulations within their
respective jurisdictions. If more than
one official has jurisdiction in a given case, any such official may be an
enforcing person with respect thereto.
The Seal of the Town of
Except as otherwise provided by law, the Town Manager shall have custody of bonds, deeds, contracts, insurance policies and other similar documents owned or held by the town; except that the bond that may be required to be given by the Town Manager shall be held in the custody of the Board of Selectmen.
The Board of Selectmen, or the Town Manager with the approval from the Board of Selectmen, shall determine the form in which town documents shall be published. Such documents shall include, but not be limited to, the Assessor's valuation list; General, Zoning, and other bylaws; and rules and regulations of town bodies.
4‑1‑1. Date. The Annual Town Meeting shall be held on the first Monday in April of every year and shall be called to order at 6:00 p.m.[3] for the purpose of transacting all business of the Annual Town Meeting except the election of such officers and the determination of such matters as are required by law to be elected or determined by ballot.
4-1-2. Copies of the warrant to be made available to voters. At each session of each Town Meeting, the Board of Selectmen shall make available to each voter a copy of the warrant for the meeting and a copy of the Finance Committee's recommendations.
4‑2‑1. Order of motions. Procedural motions shall be received and shall have precedence in order as follows:
1 to adjourn to a date and time certain
2. to adjourn
3. to lay on the table
4. to move the question
5. to postpone to a time certain
6. to commit, recommit or refer
7. to amend
8. to postpone indefinitely
4-2-2. Motions to be decided without debate. Procedural motions to adjourn, to lay on the table and to move the question shall be decided without debate.
4-2-3. Motions moving the question. A majority of two‑thirds of those present and voting is required to carry a motion moving the question. A simple majority is sufficient to carry every other procedural motion.
4‑2‑4. Motions in writing. Every motion proposing the expenditure of money shall be presented in writing and shall not exceed the sum specified in the warrant article. Other motions shall be in writing if the Moderator, or a majority of those present and voting so directs.
4‑2‑5. Division of motions. If a motion be susceptible of division into separate parts, votes must be taken on each part if ten (10) or more voters so request.
4‑2‑6. Amendments involving sums of money. On any proposed motion involving a sum or sums of money, the larger or largest amount shall be voted on first. An affirmative vote on the larger or largest amount shall be a negative vote on any smaller amount.
4‑2‑7. Motion to dissolve. No motion that would cause the dissolution of the meeting shall be in order until every article in the warrant therefore has been duly considered and acted upon, but this shall not prevent the postponement of consideration of any article to an adjournment of the meeting at a stated time and place.
4‑3‑1. Limitation on speeches. No person shall speak more than once on any question to the exclusion of any other person who may desire to speak thereon, nor more than twice without first obtaining leave of the meeting, except, in either case, in response to questions asked through the Moderator or for the brief correction of an error in or misunderstanding of a previous statement.
4‑3‑2. Limitation on duration of speeches. No person shall speak for more than ten (10) minutes on any question unless the time shall be extended by vote of the meeting.
4‑3‑3. Disclosure of employment as agent or attorney for another. Any person employed to speak as agent or attorney for another shall disclose the fact of such employment before addressing the meeting. If the agent or attorney is not a voter of the Town, a majority of those present and voting must give consent before that person is permitted to speak.
4‑3‑4. Speeches by nonvoters. A nonvoter wishing to address a Town Meeting shall be allowed to do so if no voter objects. Should any voter object, the matter shall be determined by a majority vote of those present and voting.
4-3-5. Petitioner to speak first. The petitioner moving an article shall be allowed to make his/her presentation on said article prior to Town Meeting hearing the recommendation of the Finance Committee.[4]
4‑4‑1. Determination of votes. When a question is put, the sense of the meeting shall be determined by the voices of the voters, and the Moderator shall declare the vote as it appears to him; provided that no vote shall be taken when the balcony is open to the general public. If the Moderator is unable to decide the vote by the sound of voices, or if his decision is immediately questioned by seven (7) or more voters, the Moderator shall distinctly state the question; and those voting in the affirmative and negative, respectively, shall, as the Moderator directs, raise one hand or rise and stand until counted. No person shall be counted who does not comply with the request to occupy a seat, if seats in the hall are available; but if seats are not available, those standing shall be counted separately by a show of hands.
4‑4‑2. Appointment of tellers and voting from the balcony. No person not a registered voter of the town (except Town Counsel and any one permitted to speak, under Section 3‑3‑4 of this Chapter) shall be allowed on the floor of Town Hall at any town meeting. The balcony of Town Hall shall be open to the general public if the Moderator deems there is sufficient seating capacity to accommodate all voters on the floor of Town Hall; otherwise, the balcony shall be open only to registered voters. The stage may be occupied by voters if the space is needed and if the Moderator approves. If the balcony be open to the public, every registered voter who wishes to vote must be present on the floor to Town Hall or in such area of Town Hall as the Moderator may direct.
4‑4‑3. Reconsideration of votes.
4-4-3-1. Written notice of intention to reconsider. No vote of the meeting shall be reconsidered unless written notice of intention to reconsider shall have been signed by ten (10) or more registered voters of the Town and given to the Moderator within one hour after the vote to which such notice relates has been passed. When a motion for reconsideration is decided, that decision shall not be reconsidered, and no question shall be reconsidered more than once.
4-4-3-2. Prohibited reconsideration. No vote on a motion to adjourn, to lay on the table, or to move the question shall be reconsidered.
4‑4‑4. Votes by secret ballot.
4-4-4-1. Majority of voters may order a secret ballot. A majority of those present and voting may order that the vote on any motion be taken by a secret ballot.
4-4-4-2. Vote regarding the Compensation Plan. A vote shall be taken by secret ballot on proposed changes affecting payment for services covered by the Compensation Plan of the Town.
4-4-4-3. Town Clerk to provide ballot forms. The Town Clerk shall provide sufficient forms for all votes to be taken by secret ballot.
4-5-1. Annual election. Beginning
at
4-5-2. Special election. For any special town election,
the polls shall be open during the hours of
5‑1‑1. Dates of meetings. The Board of Selectmen and the Town Manager shall meet in Town Hall on the second and fourth Monday evenings of each month and at such other times as the Board may decide. If the second and fourth Monday of a month be a holiday, the Board and the Town Manager shall meet on the following evening. Unless it be in executive session, every meeting of the Board of Selectmen shall be open to the public and to the press.
5-1‑2. Public statements at meetings. The agenda of a public meeting of the Board of Selectmen, shall provide for statements by members of the public no later than the second item on that agenda.
5-1-3. Official representatives of the Town. The Chairman of the Board of Selectmen shall be the official representative of the Town at all official functions. If the Chairman be unable or unwilling to serve as such on a specific occasion, the Board of Selectmen shall appoint an official representative in the following order of precedence: another member of the Board of Selectmen, the Town Manager, the Town Moderator, or some other person.
5-1-4. Stipend for Selectmen. Each member of the Board of Selectmen shall receive an annual stipend of one thousand dollars. [5]
5-2-1. Hearings and recommendations on warrant articles. The Board of Selectmen, immediately after drawing up the warrant for a Town Meeting, shall refer to the Finance Committee all articles contained therein. The Finance Committee shall arrange and hold public hearings, so that citizens interested in any article may be heard. The Finance Committee, after due consideration, shall report in writing to the Town Meeting on each article that may affect the town's financial status. In each case, it shall make such recommendation as it feels best serves the interests of the town.
5-2‑2. Review of proposed expenditures. The Finance Committee shall annually review town expenditures for previous years and those proposed for the year ensuing. To facilitate such review, all persons having budgetary responsibility shall submit data for review in such form and in such detail as the Finance Committee shall prescribe. The Finance Committee shall provide for each account under review the amount it recommends be appropriated and shall add thereto such explanation and suggestion as it deems desirable and appropriate.
5-2‑3. Access to financial records. The Finance Committee shall have access to all records needed for the discharge of its duties. Such records shall include all books in which Town accounts are kept and all bills and vouchers upon which money has been, or may be, paid from the town treasury. Upon request from the Finance Committee, every person responsible for the keeping of town records and accounts shall provide such facts, figures and records as the Committee may require.
5-3‑1. Programs. The Council on Aging shall initiate, conduct and coordinate programs designed to meet problems of the aging and to do so in accord with applicable laws and regulations.
5-3‑2. Officers. The Council shall elect from among its members, at the conclusion of each Annual Town Meeting, the following officers: chairman, vice‑chairman, treasurer and secretary-
5-3-2-1. Term of office. Each officer shall hold office until a successor has been elected. Each officer shall be eligible for re‑election to the same, or to any other office.
5-3-2-2. Vacancies. If an office should become vacant, the Council, without delay, shall elect a successor to fill the vacancy.
5-4-1. Filing of notices of appointments. All appointive authorities of the town shall file with the Town Clerk a copy of each notice of appointment to a town office or town Board, or any rescinding of appointment thereto.
5-4-2. Oath of office and notice of mandate of position. Persons appointed to a town office or town board shall take the oath of office from the Town Clerk, at which time the Town Clerk shall provide to such persons written notification of the mandate of the town regarding the position, the names of other persons similarly mandated, and the time allowed for the completion of the work mandated.
Appointments to town boards which have three or more members who are appointed for terms of three or more years shall be made by the appointive authority in such manner that, as nearly as can be, the terms of one third of the members of such a board shall lapse each year, but nothing in this section shall prohibit the appointive authority from renewing the term of a member whose term has lapsed.
All town boards shall hold all meetings in Town Hall or other town‑owned building. This provision shall not prohibit on‑site inspection when necessary for the proper conduct of town business.
5-7-1. Vacancies caused by absences from meetings. If a member of an appointed town board be absent, without just cause, for three consecutive, duly‑scheduled meetings, the remaining members of the body may declare the post vacant.
5-7-2. Appointive authority to appoint successor. When a vacancy occurs on an appointed town board, the remaining members of the body shall, without delay, ask the appointive authority to appoint a successor.
Records of the official activities and accounts of all town employees, town authorities, and the town bodies shall be kept in the manner and form as shall be prescribed by the General Laws, the Town Charter or these bylaws, or, as may be authorized thereby, the Board of Selectmen or the Town Manager.
5-8-1. Records to be open to public inspection. Records shall be open to public inspection under the supervision of the custodian of the records.
5-8-2. Security of records. Records shall be kept secure in Town Hall or other authorized locations and shall not be removed without proper authorization and custodianship.
All committees shall report as directed by the Town Meeting, but if no report is made within one year after its appointment, a committee shall be discharged unless the Town Meeting shall have granted an extension of time.
Each town employee and each town board shall submit annually to the Board of Selectmen a report of activities, together with any recommendation relative to those activities, for inclusion in the Annual Reports of the town; and such reports shall be submitted on or before a date specified by the Board of Selectmen.
A vote of the Town Meeting accepting a report shall in no way imply endorsement of any recommended action. Any action recommended in a report must be clearly stated in an article (or articles) in the warrant for a Town Meeting.
Unless otherwise specified by the General Laws, the Town Charter or a bylaw, any new or revised rule or regulation proposed by a town authority shall not be put into effect until the following actions have been taken:
5-12-1. Notification of public hearing. A public hearing shall have been held. At least fourteen (14) days in advance of the hearing, the text of proposed new or revised rule or regulation and the date, time and place of the hearing shall have been published in a newspaper of general circulation in the town and posted on the bulletin board in Town Hall; and
5-12-2. Determination and advertisement of final text. The town authority shall have determined the final text of the new or revised rule or regulation, shall have recorded the fact of such determination, and shall have published the text and effective date thereof in a newspaper of general circulation in the town.
No town board or committee shall accept as
testimony, evidence or attestation, nor cause to be read into the public record
or minutes of any meeting, any correspondence in which no identification is
given of the author of such correspondence or of the author's place of
residence. This is not to exclude the
right of the author to have the board/committee withhold the name and/or
address upon request.
5-14-1. Membership of the Committee. There is
hereby established a Community Preservation Committee, consisting of nine (9)
voting members pursuant to the provisions of G.L., c.44B, §5. The composition of the committee, the
appointing authority and the term of office for the committee members shall be
as follows: one member of the Conservation Commission as designated by said
Commission; one member of the Historical Commission as designated by said
Commission; one member of the Planning Board as designated by said Board; one
member of the Recreation Commission, as designated by the Commission; one
member of the Provincetown Housing Authority as designated by said Authority;
one member of the Provincetown Community Housing Council (PCHC) as designated
by said Council; one member of the Open Space Committee as designated by said
Committee; and two individuals to be appointed by the Board of Selectmen. Each
member of the Committee shall serve for a term of three years or until the
person no longer serves in the position or on the board or committee as set
forth above, whichever is earlier.
Should any of the officers and commissions, boards, or committees who
have appointing authority under this by-law be no longer in existence for
whatever reason, the Board of Selectmen shall appoint a suitable person to
serve in their place. Any member of the Committee may be removed for good cause
in accordance with Section
5-14-2-1. The community preservation committee shall study the needs, possibilities and resources of the town regarding community preservation. The committee shall consult with existing municipal boards, including the conservation commission, the historical commission, the planning board, the department of public works, and the housing authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the committee shall hold one annual public informational hearing, or more at its discretion, on the needs, possibilities and resources of the town regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the town.
5-14-2-2. The community preservation committee shall make recommendations to the Town Meeting for the acquisition, creation and preservation of open space, for the acquisition and preservation of historic resources, for the acquisition, creation and preservation of land for recreational use, for the creation, preservation and support of community housing and for rehabilitation or restoration of such open space, historic resources, land for recreational use and community housing that is acquired or created as provided in this section. With respect to community housing, the community preservation committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.
5-14-2-3. The community preservation committee may include in its recommendation to the Town Meeting a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with community preservation.
5-14-2-4. In every fiscal year, the community preservation committee must recommend either that the legislative body spend, or set aside for later spending, not less than 10% of the annual revenues in the Community Preservation Fund for open space (not including land for recreational use), not less than 10% of the annual revenues in the Community Preservation Fund for historic resources; and not less than 10% of the annual revenues in the Community Preservation Fund for community housing.[7]
5-14-3. Requirement for a quorum and cost estimates. The community preservation committee shall comply with the provisions of the Open Meeting Law, G.L. c.39, §23B. The committee shall not meet or conduct business without the presence of a majority of the members of the community preservation. The community preservation committee shall approve its actions by majority vote. Recommendations to the Town Meeting shall include the committee’s anticipated costs.
5-14-4. Amendments. This by-law may be amended from time to time by a majority vote of the Town Meeting, consistent with the provisions of G.L. c.44B.
5-14-5. Severability. In case any section, paragraph or part of this by-law is for any reason declared invalid or unconstitutional by any court, every other section, paragraph or part shall continue in full force and effect.
5-14-6.
When Effective. Provided that the Community Preservation Act,
1. There shall be an
Economic Development Council to advise the Board of Selectmen on the
development of strategies consistent with the Local Comprehensive Plan which
will foster a sustainable year-round economy for
2. Members of the council shall have education and experience in one or more of the following fields: tourism and visitor services, arts and culture, retail, general business, education, health care, commercial fishing and aquaculture, and housing and construction; and the council as a whole shall include persons with education and experience in several of these fields. In fulfillment of its mission, the council shall actively solicit ongoing input from businesses, organizations, and interested individuals.
3. The Selectmen may appoint up to two alternate members who may be designated by the chairman or chairman pro tem to act in the place of a regular member who is absent or unable to act upon any matter that comes before the council.
4. The Board of Selectmen is hereby authorized to issue economic development permits. The Board shall adopt guidelines, hereinafter referred to as “Permit Guidelines”, for such economic development permits after consideration of the recommendations, if any, of the council. Applications for an economic development permit shall be filed in the Office of the Board of Selectmen, whereupon the Town Manager shall without undue delay refer the application to the council for its review and recommendations. The Board shall consider its guidelines and the recommendations, if any, of the council, with respect to each permit application. Economic development permits may be used to qualify for such preferences and permits as may be established by the Town or its boards or officers by guidelines, regulations or bylaws having as their purpose fostering year-round economic development. Each property for which an economic development permit is granted shall be deemed a public service use under Section 3 of Chapter 157 of the Acts of 2000. Economic development permits may require the execution of an agreement, a covenant or other recordable instrument that ensures the continued use of the property in question for purposes consistent with the Permit Guidelines and the conditions pursuant to which the economic development permit was issued.
5. For the purpose of fostering a sustainable year-round economy, the council shall develop and recommend to the Board of Selectmen guidelines for the issuance of economic development permits, may review applications referred to the council for economic development permits, and may make recommendations to the Board of Selectmen relative to said economic development permit applications.
6. The Board of Selectmen may acquire in the name of the town by gift or grant, or by purchase with funds that may be appropriated or otherwise available for such purpose, covenants with respect to real property, or enter into agreements with respect to real property, for such term of years as the Selectmen deem appropriate, the purpose of which is to ensure that said property shall be used for purposes consistent with the Permit Guidelines and the conditions pursuant to which the economic development permit was issued. Such agreements or covenants shall be enforceable by the Board of Selectmen, which may amend or release any such agreement or covenant if the Board of Selectmen deems such amendment or release to be in the best interest of the Town.
6‑1‑1. Accounting methods. The Town Manager shall prescribe the methods and forms to be used in recording and reporting the financial transactions of the town. Such methods and forms shall conform to the requirements of the General Laws of the Commonwealth and any rules or regulations made thereunder.
6‑1‑2. Notice of unpaid bills. Each town authority shall submit to the Town Manager notice of all financial obligations of such authority that may or will be outstanding on June 30 of each year. Such notice shall be submitted by a date to be specified by the Town Manager.
6‑1‑3. Audit of town accounts. An audit of town accounts shall be made annually. This audit shall be conducted under the supervision of the responsible Commonwealth authority and shall be in accord with applicable statutes and regulations.
6-2-1. Solicitation of candidates. No employee shall be hired by any agency of the town without there first being solicitation of candidates for the position in a newspaper of general circulation in the town at least two consecutive weeks.
6-2-2. Temporary appointment to continue essential function. This bylaw is not applicable to temporary appointments of not more than six weeks duration, made for the purpose of continuing an essential function while the solicitation‑selection process proceeds under this bylaw.
6-2-3. Temporary appointment to provide coverage. This bylaw is not applicable to temporary appointments of not more than six weeks duration, made for the purpose of providing coverage during periods of vacation, sickness and other leaves of absence.
6-2-4. Substitute on-call relief employees. This bylaw is not applicable
to substitute on‑call relief employees selected from established lists of
same, for employment of not more than two weeks duration. All substitute on‑call relief personnel
shall be initially selected in the manner set forth in Section
6-2-5. Suspension during emergency. This bylaw may be suspended in the event of an emergency involving a threat to the public safety or a clear and present danger to life or property as determined by the Commissioner of Public Safety and/or his delegates.
No town employee or salaried employee of the town, or any agent thereof, shall receive any compensation for work performed for the town other that the salary or fee allowed or mandated by the General Laws, the Town Charter, or bylaws without written authorization by the Board of Selectmen, which authorization shall be recorded, together with the reasons therefore, in the minutes of the meetings of the Board of Selectmen.
6-4-1. Contracts. Unless otherwise provided by a vote of a Town Meeting, the Board of Selectmen or chief procurement officer designated pursuant to G.L. c.30B is authorized to enter into any contract for the exercise of the town's corporate powers, on such terms and conditions as are deemed appropriate. Notwithstanding the foregoing, the Board of Selectmen or chief procurement officer shall not contract for any purpose, on any terms, or under any conditions inconsistent with any application provision of any general or special law.
6-4-2. Purchases of services and supplies.. The procurement of all town supplies and services shall be in accordance with G.L. c.30B.
6-4-3. Acquisition or disposal or real estate. The acquisition or disposal of any interest in real property by the town, including any leasehold interest, shall be in accordance with G.L. c.30B.
6-4-4. Limitation on duration of contracts. No contract shall be entered into by any town authority for a period of more than 10 years, except as provided by law or by a vote of a majority of those present and voting at a Town Meeting.
6-4-5. Conflict of Interest. If any officer, agent or employee of the town has any degree of financial interest, direct or indirect, in a firm or corporation that may enter into a contract with the town, that person shall not make, pass upon, or participate in making or passing upon any provision of the contemplated contract.
6-4-6. Disposition of town‑owned personal property. The Board of Selectmen by a majority vote may authorize the disposition of town‑owned personal property after receiving certification in writing from the town department head responsible for said property and the Town Manager that said personal property is no longer required for public purposes.
6-4-7. Anti-discrimination Clause. No contract shall be entered into by any town authority without an anti-discrimination clause "that no person shall, on the grounds of race, color, national origin, sex or sexual preference, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any form".
6-5-1. Funds voted by the town for specific uses. No money voted by the town for a specific use shall be applied to any other use without a vote of the town.
6-5‑2. Funds given to the town for specific uses. No money given or willed to the town for a specific use, and accepted by a vote of the town or by a duly‑authorized town authority, town official or town body, shall be applied to any other use.
6-5‑3. Property offered to the town for general or specific uses. No property offered or willed to the town shall be accepted without a vote of the town, and no property offered or willed to the town for a specific use, and so accepted, shall be applied to any other use.
6-6‑1. Authorization to set fees. Fees for town services, licenses, permits, inspections, or use of town property shall be set, from time to time, by the Board of Selectmen, (or other authorized town authority) except for such fees as may be mandated, permitted or limited by the General Laws, the Town Charter, these bylaws, or a vote of the town.
6-6-2. Enactment of fees. No fee for town services, licenses, permits, inspection or use of town property, nor any rule or regulation connected therewith, shall be put into effect by any town authority prior to completion of each of the following steps:
6-6-2-1. Public hearing of proposed fees. A public hearing shall have been held on any proposal for imposition, revision, or revocation of a fee, and notice of such a public hearing shall have been made by advertisement in a newspaper of general circulation within the town at least fourteen (14) days prior to the public hearing.
6-6-2-2. Advertisement of fees. Following a public hearing, the town authority shall have made a final determination of the fee to be imposed, revised, or revoked and notice of such determination shall have been made by advertisement in a newspaper of general circulation within the town before becoming effective.
6-6-3. Changes in fees. A duly enacted fee shall not be changed more than once in any calendar year.
6-6‑4. Specific fees not to be included in bylaws. The specific dollar amount of a fee shall be included in the rules and regulations of the town, but shall not be included in the text of any bylaw that authorized the imposition of a fee.
6-6-5. Transitional provision. Any fee or fee schedule, enacted under a previous bylaw and in effect on the date that these bylaws become effective, shall continue in full force and effect until amended in accordance with the provisions of these bylaws.
6-7-1. Fees for docking space.
6-7-1-1. Fees for docking space to be required. Fees shall be required for the use of
docking space at
6-7-1-2. Establishment of fees. Fees shall be established by the Board of Selectmen in accordance with the provisions of this Chapter.
6-7-1-3. Fees for transient vessels. Fees shall be paid by the owner of a transient vessel or the agent thereof for docking. Such fees shall be collected for each 24-hour midnight-to-midnight period or portion thereof. Such fees and collections shall be established by the Board of Selectmen.
6-7-1-4. Exemption from fees for loading and unloading. No fee shall be charged to any vessel for docking to load or unload cargo or supplies for one period of up to two hours in any 24‑hour midnight‑to‑midnight period.
6-7-1-5. Emergencies. With the permission of the Town Manager, or the delegate thereof, no fee shall be charged a vessel that docks at a town‑owned or town‑operated docking facility for emergency reasons.
6-7-1-6. Lease of specific docking spaces. The Board of Selectmen may lease specific docking spaces at town‑owned or town‑operated docking facilities.
6-7-1-7. Methods of record keeping and payment of fees. The Town Manager shall establish methods and procedures for the keeping of records and the payment of fees associated with docking and docking space at town‑owned or town‑operated docking facilities.
6-7‑2. Fees for temporary mooring permits issued under G.L. c. 91, 10A.
6-7-2-1. Fees for temporary mooring permits to be
required. Fees shall be required for the issuance of all permits for
temporary mooring of rafts or floats in
6-7-2-2. Establishment of fees. Fees under the preceding section shall be established by the Board of Selectmen in accordance with the provisions of section 6-6.
The Board of Selectmen of the Town of
Interest on town water bills which remain unpaid after their
due dates shall accrue at the same rate of interest as may be charged on tax
bills under the provisions of G.L. c.59, 57.
Effective
The Board of Selectmen recognizes the diverse composition of
its citizenry and values its people. The
Board of Selectmen acknowledges that the people's lives have evolved from when
laws governing family relationships were enacted. Perpetuation of the traditional definitions
of "family" excludes a significant segment of the
7-2-1. Domestic partnership. "Domestic partnership" means the entity formed by two persons who meet the following criteria and jointly file a registration statement proclaiming that:
1. they are in a relationship of mutual support, caring and commitment and intend to remain in such a relationship; and
2. they share the common necessities of life; and
3. they are not married or in any other domestic partnership; and
4. they are not
related by blood closer than would bar marriage in the
5. they are competent to contract.
7-2-2. Mutual support. "Mutual support" means that the domestic partners each contribute in some fashion, not necessarily equally or financially, to the maintenance and support of the domestic partnership.
7-2-3. Competent to contract. "Competent to contract" means 18 years of age or older, and mentally competent to contract.
7-2-4. Domestic partner. "Domestic partner" means a person
who meets the criteria set out in Section
7-2-5. Dependent. "Dependent" means a minor who lives within the household of a domestic partnership and is:
1. a biological child or adopted child, or foster child of a domestic partner.
2. a dependent as
defined under
3. a ward of a domestic partner as determined in a guardianship proceeding.
7-3-1. Registration. Persons
who meet the criteria set out in Section
7-3-2. Amendment. Domestic partners may amend the Domestic Partnership Registration to add or delete dependents or change the household(s) address(es). Amendments to the Domestic Partnership Registration shall be signed, under the pains and penalties of perjury, by both domestic partners.
7-3-3. Termination. A domestic partnership is terminated by the death of a domestic partner or by the filing of a termination statement by a domestic partner.
7-3-3-1. Death. The death of a domestic partner automatically terminates a domestic partnership.
7-3-3-2. Termination statement. A domestic partnership may be terminated by a domestic partner who files with the Town Clerk, by hand or by certified mail, a termination statement. The person filing the termination statement must declare under the pains and penalties of perjury that the domestic partnership is terminated and that a copy of the termination statement has been mailed by certified mail to the other domestic partner at his or her last known address. The person filing the termination statement must include on such statement, the address to which the copy was mailed.
7-3-3-4. Effective date. The termination of a domestic partnership shall be effective immediately upon the death of a domestic partner. The voluntary termination of a domestic partnership by a partner shall be effective seven (7) days after the receipt of a termination statement by the Town Clerk.
7-3-4. Re-registration. If a domestic partnership is terminated by the death of a domestic partner, there shall be no required waiting period prior to filing another domestic partnership. If a domestic partnership is terminated by one or both domestic partners, neither domestic partner may file another domestic partnership until ninety (90) days has elapsed from the effective date of termination.
7-4-1. Registration fee. The Town Clerk shall collect a reasonable fee for filing a domestic partnership registration. The initial amount of this fee shall be $15.00.
7-4-2. Copy fee. The Town Clerk shall collect a fee of $5.00
for certified copies of domestic partnership documents, other than the copy of
the Certificate of Domestic Partnership issued by the Town Clerk to the
domestic partners, as provided for in Section
7-5-1. Certificate of Domestic Partnership. Upon receipt of a domestic partnership registration and filing fee, the Town Clerk shall issue a Certificate of Domestic Partnership to the domestic partners.
7-5-2. Records of domestic partnerships. The Town Clerk shall maintain records of domestic partnerships registered in the town, including forms filed and certificates issued. The Town Clerk shall provide forms to persons requesting them in accordance with Section 7-9.
7-5-3. Public access to records. The Town Clerk shall allow public access to domestic partnership records to the same extent and in the same manner as marriage licenses.
Persons who have registered their domestic partnerships at the office of the Town Clerk pursuant to Section 7-3 are entitled to the following rights.
7-6-1. Health care facility visitation rights. A domestic partner shall have the same visitation rights as a spouse or parent of a patient in any and all health care facilities in the town. A dependent shall have the same visitation rights as a patient's child. The term "health care facilities" includes, but is not limited to, hospitals, convalescent facilities, mental health care facilities, and other short and long term care facilities that are owned by the town.
7-6-2. Correctional facility visitation rights. A domestic partner shall have the same visitation rights at all correctional facilities in the town as a spouse or parent of a person in custody. A dependent shall have the same visitation rights afforded to the child of a person in custody. The term "correctional facilities" includes, but is not limited to, holding cells, jails, and juvenile correction centers that are owned by the town.
7-6-3. Access to schools. A
domestic partner, who is also the parent or legal guardian of a child, may file
a form at or send a letter to the child's school to indicate that the parent's
domestic partner shall have access to the child's records, access to school
personnel in matters concerning the child, and access to the child, including
the right to remove such child from the school for sickness or family
emergency. The school shall afford such
person access as directed by the child's parent. When a domestic partnership is terminated
pursuant to Section
No person shall discriminate or retaliate against a person who seeks the benefit of this bylaw, registers or makes a declaration pursuant to its provisions, or assists another person in obtaining the benefits of this bylaw.
The provisions of this chapter are severable. If any of its provisions are held invalid by a court of competent jurisdiction, all other provisions shall continue in full force and effect.
The Town Clerk shall distribute copies of the following forms to those persons who request them: 1. Domestic Partnership Registration, 2. Domestic Partnership Information Sheet, 3. Termination of Domestic Partnership.
When the term "spouse" is used in other town bylaws, it shall be interpreted to include a domestic partner. When the term "family" is used in other town bylaws, it shall be interpreted to include domestic partnerships.
No provision of this bylaw shall be construed so as to grant to the Licensing Board any licensing authority that is not available to the town under the General Laws of the Commonwealth.
No corporation, foreign or domestic, (and no person,
partnership or association not required by law to obtain a license for the
conduct of its business) shall within the Town of
The granting of all new and all modifications or expansions of seasonal and annual licenses issued pursuant to G.L. c. 138, 12, G.L. c.140, 2 or G.L. c. 140, 183A, respectively, including common victualer, innholder, retail package store, entertainment and food vendor licenses, shall be subject to the following conditions:
that the application be considered at a public hearing advertised for two weeks in a newspaper of general circulation in Provincetown the first publication to be at least 14 days prior to the hearing date, and that said notice be appropriately posted in Town Hall.
that the application shall include a plan showing the specific area of the proposed usage.
that the abutters be notified by certified mail of the application or modification within 3 days of the first publication date.
that the licensing authority consider whether the social, economic or other benefits of the proposal for the neighborhood or town outweigh any adverse effects such as hazard, congestion or environmental degradation.
that the costs of the application, hearing, and notification process be covered by the application fee.
The Licensing Board and other town boards, committees, commissions and officers and other town authorities who are authorized to issue licenses, permits and approvals shall not issue any license, permit or approval until satisfied that the requirements of Federal law, the laws of the Commonwealth, the Provincetown Charter, these bylaws and duly promulgated rules and regulations have been met; nor shall such authorities issue licenses, permits or approvals until it is determined that the proposed activity for which permission is sought will not be detrimental to the welfare or safety of the inhabitants of the town.
8-5-1. List of delinquent taxpayers. The tax collector or other municipal official responsible for the records of all Provincetown taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board, committee, commission or division, hereinafter referred to as the licensing authority, which issues licenses or permits including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board.
8-5-2. Denial of licence. The licensing authority may deny, revoke or suspend any license or permit including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the tax collector; provided, however, that written notice is given to the party and the tax collector, as required by applicable provisions of the law, and the party is given a hearing, to be held not earlier than fourteen days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this section shall not be reissued or renewed until the licensing authority receives a certificate issued by the tax collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to Provincetown as the date of issuance of said certificate.
8-5-3. Payment agreements. Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit and the validity of said license shall be conditioned upon the satisfactory compliance with said agreement. Failure to comply with said agreement shall be grounds for the suspension or revocation of said license or permit provided, however, that the holder be given notice and a hearing as required by applicable provisions of law.
8-5-4. Waiver of denial. The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in section one of chapter two hundred and sixty‑eight in the business or activity conducted in or on said property. This section shall not apply to the following licenses and permits: open burning; section thirteen of chapter forty‑eight; bicycle permits; section eleven A of chapter eighty‑five; sales of articles for charitable purposes; section thirty‑three of chapter one hundred and one;children work permits; section sixty‑nine of chapter one hundred and forty‑nine; clubs, associations dispensing food or beverage licenses; section twenty‑one E of chapter one hundred forty; dog licenses; section one hundred and thirty‑seven of chapter one hundred and forty; fishing, hunting, trapping licenses; section twelve of chapter one hundred and thirty‑one; marriage licenses; section twenty‑eight of chapter two hundred and seven and theatrical events, public exhibition permits; section one hundred and eighty‑one of chapter one hundred and forty.
(This by-law was deleted by a vote of the
Following registration, all premises shall undergo an annual inspection scheduled by the Licensing Agent, conducted by the Department of Municipal Inspections, and are subject to all registration fees and inspection fees, and will have filed a current certificate of good standing or a certificate of corporate legal existence, and will have filed a copy of articles of organization attesting to the corporate status of the registrant.
No business licensed by the Licensing Board shall open without having obtained and paid for the appropriate license.
No retail business shall be carried on between the hours of
No common victualer or inn holder or any other premises licensed to sell alcoholic beverages under G.L. c.138 shall allow any patron to bring alcoholic beverages onto the premises except in an unopened and sealed bottle which remains unopened and sealed while the patron is on the premises.
8-11‑1. Special
Permit from Zoning Board of Appeal required. In all districts of the town there shall be
no mechanical display or exhibit, or display of any type of merchandise or
wares, for the purpose of advertisement, sale, barter or exchange, or as an
inducement thereof, outside of, upon or against any building or screened or
open porch, or booth, or cart, or contiguous land, or premises unless a Special
Permit for said display is first granted by the Board of Zoning Appeals, or
specifically excepted as hereinafter provided.
Effective
8-11-2. Exceptions. This bylaw shall not apply to the following:
bazaars or functions for charitable purposes by organizations existing in town for a minimum of one year may be excepted for periods not exceeding one week in any one year by any one applicant provided that application is made to the Board of Selectmen and a license for said activity is granted.
the sale of food and/or beverages served at table with seating provided for patrons provided that application is made to the Board of Selectmen and a license for said activity is granted.
the sale of art produ Amended
by
artists working in public while not engaged in commercial
activity. Further this shall not be
construed as to prohibit an artist from selling work in progress. And be it resolved that the Board of
Selectmen will develop and institute a licensing policy for sidewalk artists
consistent with the licensing of other vendors in
All places of assembly that are licensed by the Licensing Board under General Laws, Chapter 138, are subject to occupancy load limits for places of assembly that are established by the Building Inspector; all other places of assembly licensed under the General Laws or these By-laws are subject to either the occupancy loadlimits for places of assembly established by the Building Inspector, or the septic capacity limits established by the Board of Health, whichever are more restrictive. Occupancy limits will be posted in a conspicuous place in each assembly area rated under this By‑law. In addition to any action taken pursuant to said Chapters 138 and 140, a non‑criminal disposition penalty will be assessed on any establishment licensed by the Licensing Board for each person found in excess of the posted occupancy limits for any particular place of assembly in the amount of five dollars ($5) per person for the first offense, ten dollars ($10) per person for the second offense, and fifteen dollars ($15) per person for the third and subsequent offenses in any given licensed period. Each violation of the posted occupancy limit shall be deemed to be a separate offense, provided, however that no fines imposed under this section shall exceed three hundred dollars ($300) per offense.[11]
Regulating closing out sales to conform with Massachusetts General Laws, Chapter 93, Section 28A and Chapter 262, Section 34, Clause 69, in that a business shall file a complete inventory list with the Town Clerk, and pay a fee in accordance with the above stated laws, at least three days prior to the sale.
8-13-1. Removal sale. "Removal sale" shall include, but not be limited to, any sale by any person, at any store/shop of foods, wares, or merchandise under the designation of "lost our lease", "forced out", "must vacate" or any designation signifying the cessation of the business by such person only at the sale location within the town.
8-13-2. Termination sale. "Termination
Each shop owner or dealer who purchases second‑hand merchandise for resale must keep a record of all purchases of such merchandise. Each such purchase must be recorded in a book, which shall be available for police inspection, with a description of the merchandise, the date and time of purchase, and an identification of the seller.
Unless otherwise restricted, no holder of an entertainment license issued by the Town of Provincetown pursuant to Massachusetts General Laws, Chapter 140, Sections, 177A, 181, 183A, shall permit activity licensed thereunder to be conducted between the hours of 1:00 a.m. and 8:00 a.m.[12] A non-criminal disposition penalty will be assessed on any holder of an entertainment license found to be operating between the hours of 1:00 a.m. and 8:00 a.m. in the amount of one hundred ($100) for the first offense, two hundred ($200) for the second offense and three hundred dollars ($300) for the third offense. Each violation of the hours of entertainment or amusement operation shall be deemed to be a separate offense.[13]
No person shall offer food for sale to the public unless licensed as a common victualer or an innholder under the provisions of Chapter 140 of the General Laws or licensed for retail sales (either as a transient vendor or as defined in Provincetown General By-laws 8-2) along with the appropriate Board of Health food service permit(s).[14]
9-2-1. Licensing vending machines. Any person or business entity who offers any beverages for sale by one or more vending machines as described in G.L. c.140, 21A, shall be licensed by the town and have the machine or machines inspected annually before the machines are placed in use and pay a fee of $25.00 which will cover the costs of licensing and inspection.[15]
9-2-2. Regulations. No vending machine shall be allowed for "open air" operation outside of, or on, or against any building unless located a minimum of fifteen (15) feet from any public street, way or sidewalk. Any vending machine operator shall provide adequate refuse disposal receptacles immediately adjacent to the machine. No internally illuminated vending machines shall be allowed in "open air" operations.
9-2-3. Cigarette vending machines. All sale of cigarettes by machine is prohibited.
9-3-1. Registration required. No organization or person upon public property or a public way, or upon private property or a private way without permission of the owner or owners thereof, shall solicit or canvas persons upon any public property or public way to enter into a commercial transaction, including the purchase of any merchandise or any type or real estate, time share, interval ownership and/or other property without first registering with the Police Chief or his designee and obtaining identification which shall be prominently displayed upon the person.
9-3-2. Regulation and fees.