DRAFT for review by Harbor Committee
Article. General By-law Amendment/Regulating the Operation of Personal Water Craft in Provincetown Harbor. To see if the Town will vote to amend the General By-laws by amending Section 13-4-2, Personal Watercraft in Provincetown Harbor, to read as follows:
13-4-2-1. Definitions.
13-4-2-1-1. As used in this by-law the term "personal watercraft"
means a vessel propelled by a water-jet pump or other machinery as its primary
source of propulsion that is designed to be operated by a person sitting, standing
or kneeling on the vessel rather than being operated in the conventional manner
by a person sitting or standing inside the vessel.
13-4-2-1-2. As used in this by-law, the term "Provincetown Harbor"
means "the waters extending from the shores of Provincetown to a line drawn
from Long Point to the Provincetown/Truro line."
13-4-2-2. Except as provided in §13-4-2-3 below, the operation of personal
watercraft is prohibited in the waters of the Town of Provincetown in the following
areas:
(a) Within the boundaries of the Cape Cod National Seashore as set forth in
Public Law 87-126, 7 August 1961, 75 Stat. 293, and as most recently surveyed
by the U.S. Department of Interior.
(b) On the tidal waters of Provincetown Harbor and any adjoining river, inlet,
cove, pond, embayment or harbor westerly of a line running from the Provincetown/Truro
town line to Long Point Light, with the exception of a marked channel in which
personal water craft may pass through Provincetown Harbor operating at headway
speed. Said marked channel shall begin at the boat launching ramp at the West
End Beach, continuing in a general southeasterly direction therefrom, and ending
at a point one-quarter mile northeast of Long Point along the line drawn from
Long Point to the Provincetown/Truro line, as shown on a plan on file in the
office of the Town Clerk.
13-4-2-3. No personal watercraft shall be launched from any location in Provincetown
Harbor except the boat launching ramp at the West End Beach, and any personal
watercraft using said boat launching ramp shall be registered with the Provincetown
harbormaster.
13-4-2-4. Personal watercraft may be operated in the above areas described in
§13-4-2-2 for the purpose of enforcement, search and rescue, training,
or other emergency, provided it is under the direction of a duly authorized
federal, state or local law enforcement or emergency response agency, or other
authorized official.
13-4-2-5. This by-law shall be enforced by the Provincetown Harbormaster or
his designee, the Provincetown Police Department, or the Massachusetts Environmental
Police.
13-4-2-6. The invalidity of any section or provision of this by-law shall not
invalidate any other section or provision hereof.
And, further, by amending the fine schedule in Schedule A of said General By-laws
to read as follows:
13-4-2, Personal Watercraft in Provincetown Harbor - First offense, $100.00;
second offense, $200.00; third and subsequent offenses, $300.00
or to take any other action relative thereto.