MacMillan
Pier Regulations
Purpose: The Provincetown Public Pier Corporation
(PPPC) has been established by Chapter 13 of the Acts of 2000 for the purpose
of bringing sound market-based management practices to MacMillan Pier
operations. Section 3(b) of Chapter 13
authorizes the Board of Selectmen to lease MacMillan Pier to the PPPC not to
exceed 20 years. Section 4 of chapter
13 authorizes the Board of Selectmen to appoint 5 volunteers to up to five year
terms as the PPPC Board of Directors providing members of the board have
experience in one or more of the following fields: commercial fishing, law,
finance, marine operations and real estate. Section 5 (b) of Chapter 13
authorizes the PPPC to adopt rules and regulations. In order to effect enforcement of PPPC regulations a general
by-law amendment will be placed on the April 7, 2004 Town Meeting warrant to
allow Harbormasters and Police Officers the option to enforce violations of
these regulations with, but not limited to, non-criminal disposition citations
pursuant to G.L c. 40 subsection 21D and sections 2-3-1 through 2-3-3 of the
General By-laws. Accordingly, Harbor Regulations Chapter 1, MacMillan Pier will
be superceded by these regulations upon passage.
1-1-1 "Pier"
shall mean MacMillan Pier, owned by the Town of Provincetown, MA.
1-1-2 "Marine Superintendent" shall be that person appointed by the
Town Manager as Harbormaster under the provisions of the Charter of the Town of
Provincetown and shall include duly appointed deputy and assistant
harbormasters. The Harbormaster is the
duly appointed official of the Town who has responsibility and authority for
the performance of duties as set forth in Massachusetts General Laws Chapters
88, 91, 91A, and 102 and as set forth in the By-laws, Regulations, and Orders
of the Town of Provincetown.
1-1-3 "Provincetown Based Vessels" shall mean a
vessel based primarily in Provincetown, whose owner's domicile or legal
residence is in Provincetown or Truro.
In the case of a vessel owned by a trust, organization, corporation,
partnership, association, company or other business organization, a
Provincetown based vessel shall be defined as one whose owner's principal
office is in Provincetown or Truro. The
address of a Post Office Box is not acceptable as proof of address. A current real estate tax bill, non-seasoned
lease, utility bill or valid Massachusetts Operators License or any other ID
issued by the Massachusetts Motor Vehicle Registration, both listing an address
in Provincetown or Truro are acceptable as proof of address.
1-1-4 "Town"
shall mean the Town of Provincetown, Massachusetts.
1-1-5 "Vessel": includes
ships of all kinds, barges, houseboats, sailing vessels, watercraft and power boats
of any type or kind by whatsoever means propelled, every structure designed,
adapted or capable of being navigated, towed or operated on water from place to
place for the transportation of merchandise, people or for any other purpose.
1-1-6 “PPPC”
shall mean Provincetown Public Pier Corporation established by Chapter 13 of
the Acts of 2000.
1-1-7 “Pier
Manager” shall be that person employed by the PPPC to manage day-to-day
operations or other designee.
1-1-8 “Live-a-board” shall be a person or persons using a
vessel as habitation or overnight accommodation for more than 7 nights.3
1-2-1 All vessels, persons, and
vehicles using the Pier shall be governed by the Rules and Regulations
contained herein and all other applicable laws, by-laws, rules and regulations
and orders of the court, if any, concerning the operation of vessels and the
use of piers, including, without limitation, those promulgated by the United
States Coast Guard, the Environmental Protection Agency, the Department of
Environmental Protection, the Commonwealth of Massachusetts, the Town of
Provincetown and the PPPC.
1-2-2 Deleted
April 5, 2004
1-2-3 All
persons, vessels and vehicles using the Pier shall be responsible for the
security of their own property. The
Town or PPPC, its officials, agents or employees shall not be responsible for
the loss of or damage to life, persons or property occurring at the Pier and
facilities owned, controlled, or operated by the Town from any cause whatever.
1-2-4 The Pier shall normally be open
for use by licensees, transient vessels and the general public on a twenty-four
hour a day basis, unless the PPPC, Harbormasters Office or public safety
officials determine that for the purposes of maintaining public safety or
security of the premises, that more limited hours of operation are necessary.
1-2-5 Soliciting of business by use of
megaphones or loud speakers is prohibited.
Recorded music and live entertainment will conform to 13-2-6 of the
Town’s general by-laws. PPPC may provide waivers as required in 13-2-6-4.
Article 3. Use of Pier
1-3-1 MacMillan Pier is primarily for
the general use and benefit of commercial fishing vessels and commercial
passenger vessels, and for the passive enjoyment by the general public. All users of the Pier for commercial
purposes, including but not limited to commercial fishing, fish and seafood
unloading and wholesaling, retail uses, community events, exhibition of art or
performance art and commercial passenger vessels, shall require a license from
the PPPC and be subject to the rules or contracts attached to an approved
license or permit applications. All
other uses, including recreational uses, except enjoyment by the general public
and commercial uses other than those licensed by the PPPC, are prohibited,
unless expressly authorized by the PPPC.
1-3-2 The decks, floats, structures,
and waterways of MacMillan Pier and other Town-owned and operated docking and
berthing facilities shall not be obstructed for any purpose other than the
berthing of, access to and loading and unloading of vessels. Storage or repair of traps, nets, gear, bait
or other supplies beyond 48 hours is prohibited except with the permission of
the Pier Manager and in areas designated for storage or repair. Tenants shall
be required to clean up any debris on completion. Nets must be in an exactics
container with the name of the vessel indelibly labeled on container. No gear
may be stored on pier by transient vessels.2
1-3-3 When stretching wire on the Pier,
a line and a block will be used. Wires
are not to cause damage to any parts of the Pier, such as poles, ladder,
utility boxes, or cap rails. No wire
will be stretched after9:00 am from April 30th until October 1st, unless
expressly authorized by the Pier Manager.3
1-3-4 Limited Pier space is available. Its use and berth assignments by vessels shall be under the direct supervision and control of the Pier Manager. Permanent berthing of vessels and placement of floats shall be by license or permit from the PPPC. Transient berthing of vessels is allowed only upon permission of the Pier Manager and upon the payment of appropriate fees. Use of the east facing finger piers shall be restricted to active, full-time, year-round commercial fishing vessels. Any other uses of these finger piers must be approved by the PPPC.2
1-3-5 Vessels wishing to utilize the
Pier on a transient basis to load and unload gear, supplies, seafood and other
items shall be accommodated on a first-come first-serve basis and in accordance
with Article 5 of this regulation. The
Pier Manager may establish a maximum time limit on the use of the Pier by any
one vessel in order to assure that the use of the Pier is available to other
vessels.
1-3-6 Vessels desiring use of Pier
space for an extended time period and not otherwise licensed for such shall
obtain, in advance, the permission of the Pier Manager. Such vessels may be required to move to make
way for other vessels needing use of the Pier.
1-3-7 Vessels which are
not listed on the float space license wishing to utilize a float space may do
so with the permission of the licensee AND with the written permission of the
Pier Manager for a period not to exceed 24 hours. In an emergency, the Pier
Manager may grant permission for a period greater than 24 hours, but in no
event longer than the date of the next scheduled meeting of the PPPC, the
permission of which Board shall be necessary for such continued utilization
beyond said date. Rental of privately
licensed float spaces to transient vessels is not allowed unless specifically
provided for in float space license.
1-3-8 All vessels using
the Pier shall be maintained in a safe, sound and seaworthy condition and
capable of getting underway under its own power except in cases of temporary
incapacity during emergency repairs.
Vessels incapable of getting underway on their own power for a period
greater than twenty-four hours shall notify the Pier Manager. Docking and
berthing privileges may be denied to any vessel, which in the opinion of the
Pier Manager or Marine Superintendent, is not in a safe, sound and seaworthy
condition or which poses a hazard to the safety of the Pier, vessels, the
public or environment. Any such vessel
tied to the Pier may be directed to leave the Pier by the Pier Manager or Marine
Superintendent.
1-3-9 Fueling of vessels at the Pier shall be prohibited,
except by properly licensed operators.
Servicing of vessels, including but not limited to welding, electronic
and hydraulic repairs, replacing gear, and engine repairs, at pier-side shall
be allowed at the discretion of the Pier Manager provided other pier operations
are not adversely affected.
1-3-10 The consumption of
alcoholic beverages at or on the Pier is prohibited. Community events wishing to serve alcohol shall apply for and be
approved for a waiver of this regulation for a period not to exceed one day
from the PPPC. The PPPC may include
restrictions on approval or may deny the application.
1-3-11 The
owners or captains of all resident vessels using MacMillan Pier shall make
available to the Pier Manager the names of at least two qualified persons who
can be contacted in the event of the need to move vessels. All other transient
vessels berthed at the Pier shall have on board at all times sufficient
personnel qualified to move the vessels when requested by the Pier Manager.
Upon order of the Harbormaster/Pier Manager, all vessels must be moved within
30 minutes.2
1-3-12 All vessel owners must notify the
Pier Manager when vacating their assigned berth for the season. PPPC reserves
the right to assign and charge for spaces not in use by annual permit holders
during the period the space is vacant.2
1-3-13 Artist, performance and street
vending licenses are required for the display and/or sale of art, sculptures or
other public displays or performance. Operators will adhere to the PPPC rules
and requirements of the license or the license will be revoked without appeal.
Permit or license holders must produce a valid license or permit in accordance
with General By-law 9-4 to allow inspection by any Police Officer, Harbormaster
or Pier Manager on request.
1-3-14 All persons using the pier are subject to the laws and regulations of the Town of Provincetown regarding personal conduct and behavior. Abusive language, actions, threats and/or illegal activities are subject to enforcement by the Harbormaster and/or the Police Department. Owners and Captains of any vessel berthed at the pier are responsible for the conduct of their crew at all times. Provincetown is a designated “No Place For Hate” community.3
Article 4. Public Access
1-4-1 MacMillan
Pier shall normally be open and available to the public 24 hours a day
throughout the year.
1-4-2 Public pedestrian access shall be within the curbed
sidewalk along either side of the Pier.
Pedestrians shall not obstruct the operation and movement of vessels and
vehicles utilizing the Pier.
1-4-3 Deleted April
5, 2004
1-4-4 No
one shall be permitted to use skateboards, roller blades, or bicycles on any
gangways, floats or floating docks. All
other use of skateboards, roller blades or bicycles on MacMillan Pier shall be
at the discretion of the Pier Manager or Marine Superintendent. These uses shall not obstruct the operation
and movement or safety of vessels, vehicles or pedestrians utilizing the Pier.
1-4-5 Swimming shall only be allowed in
areas so designated by the Pier Manager or Marine Superintendent and is at the
users’ own risk. No diving or jumping
is allowed from electrical boxes, gangways, jib cranes or other structures on
MacMillan Pier.
1-4-6 Dogs
must be leashed or under voice and sight control at all times while on the pier
or any of it’s adjacent floats, docks and gangways. Dog owners/walkers are required to clean up after the animal
immediately and dispose of the waste in a waste container. Dogs are not allowed to be aboard vessels
unattended overnight while the vessel is berthed at the pier or its adjacent
floats, docks or gangways. Violations
of this regulation are enforceable by a non-criminal disposition of $50 for
each offence.3
Article 5. Vehicles and Parking
1-5-1 Use of the Pier by vehicles shall
be limited to those vehicles actively serving vessels and businesses at the
Pier and casual vehicular travel by the general public. No vehicle shall be parked as to block the
access of other vehicles to the Pier.
Parking of vehicles and heavy trucks shall be prohibited on the Pier,
except in the space and times so designated by the Pier Manager and as
specified in section 1-5-6 of these regulations. No vehicles shall be left unattended or overnight on the Pier,
except with the written permission of the Pier Manager or Marine
Superintendent.
1-5-2 The
Pier Manager, Marine Superintendent or Police Department may close the Pier or
sections thereof to vehicular traffic if in their judgment closing is required
in the interest of public safety.
Sections of the Pier may be closed to vehicular and public access for
properly licensed short-term community events.
1-5-3 No person using the Pier shall cause the load limit
to be exceeded as posted.
1-5-4 The minimum space
between vehicles on the approach and intermediate Pier shall be five (5) feet.
1-5-5 No person shall operate a motor
vehicle in excess of ten (10) miles per hour on the Pier.3
1-5-6 Parking is prohibited
on MacMillan Pier except in the following designated areas and under the
conditions specified. Vehicles which do
not follow these rules will be subject to ticketing and towing:
a) Pier Permit
Parking Area
The spaces designated by "Pier Permit Parking Only" signs
shall be primarily used by the Owner/Captains of the commercial fishing fleet
who need access to their vehicles while working on their vessel and
licensed MacMillan Pier business tenants.
These are not permanent parking spaces for tenants but are only to be
used while they are actively working their vessels. Rear-view mirror tags will be issued to each tenant with accounts
in good standing and no past due balances.
This tag must be clearly visible on the vehicle's rear-view mirror while
parked in these spaces. Only one
parking permit will be issued per tenant. Pier parking permits and time limits
(1-5-6 g) shall be valid and enforced from May 15th to October 1st
of the year issued. Off-season use
shall not require a permit; all other regulations remain in effect.3
b) Harbormaster
Office Parking:
The spaces designated by the "Harbormaster/Police Parking
Only" signs shall be used only by vehicles identified as PPPC, Marine
Department, Police Department or Fire Department/Rescue Squad vehicles.
c) West-side of
Approach Pier
Vehicles which are actively
loading, unloading or fueling vessels on the west side of the Pier may park
along the west side of the approach Pier.
These vehicles can be parked for no longer than 15 minutes. For vehicles which need to be parked for
longer than 15 minutes, a "Temporary Parking Permit" must be obtained
in advance from the Pier Manager or Harbormaster on-duty and clearly displayed
in the windshield.3
d) Seafood
Offloading Spaces:
The area inside the yellow lines, which delineate Offloading Spaces (Loading Zones), shall be reserved for vehicles actively engaged in offloading or loading of seafood. Any other uses must be approved in advance by the Pier Manager and will be secondary to uses of the commercial fishing fleet.
e) Ferry Passenger
Standing Zone
The third lane next to
the pedestrian walkway on the main Pier shall be used for the discharge and
loading of ferry passengers and luggage.3
f) Handicap Parking
Spaces:
Parking in the blue parking spaces is reserved for vehicles with handicap plates or placards only. All other vehicles will be ticketed or towed without regard for time limits, Tenant rear-view tags or Temporary Permits
g) Time Limits
All parking, with the exception of the Handicap
spaces is limited to MacMillan Pier tenants actively working their
vessels/businesses. All other vehicles
must obtain a temporary parking permit in advance from the Pier Manager or
Harbormaster on duty.3
(h) Floating Docks Parking Area:
The
parking spaces at the floating docks are only to be used by tenants actively
working on their vessels at the dock and only one vehicle per crew at a
time. No vehicle may park in floating
docks lot if the associated vessel leaves the facility.2
Article 6. Passenger Vessels
1-6-1 Commercial passenger vessels may
regularly utilize the Pier for the loading and unloading of passengers only
under an agreement with the PPPC and in the specific locations contained within
the agreement. Occasional similar use
of the Pier by passenger vessels may be permitted upon advance request and
approval of the Pier Manager. No
vessels utilizing MacMillan Pier may embark or disembark passengers from 11 PM
to 7 AM with out a security detail of Harbormasters or Police Officers at the
vessel’s expense.
1-6-2 Passenger
vessel operators intending to use the Pier, or any other town-owned or operated
berthing facility, shall be required to provide copies of all current Coast
Guard vessel certifications, operators' licenses, and insurance certificates. They may also be required to provide the
following information: total number of
toilet fixtures, sink fixtures, kitchen sink fixtures, occupancy, holding tank
capacity, trash disposal and schematics and narratives on the gray-water and
black-water plumbing configurations.
1-6-3 The
PPPC shall continue to license those entities which were licensed during the
summer of 1986 provided that said entities have been properly licensed in each
succeeding year since 1986 and that said licensees shall have been and shall remain
in good standing with all applicable laws, By-laws, rules, regulations and
license terms.
1-6-4 The terms of all such licenses shall be as determined
by PPPC in compliance with Chapter 13 of the Acts of 2000. For new licenses, licenses that were previously
revoked or licenses that are not renewed by April 1 of the year after a
previously approved renewal license, 1-6-3 shall not apply. PPPC may issue new licenses on a seasonal or
short-term basis in compliance with Chapter 13 of the Acts of 2000 and
consistent with the conditions of MacMillan Pier Chapter 91 License for a wide
range of commercial water transportation services to public passengers for
hire, tourism attractions or commercial fisheries.
1-6-5 All
attachments, such as floats, gangways, and booths must be removed from the Pier
by the date designated by the PPPC unless an exemption is granted by the Pier
Manager. Additionally, these items must
be removed upon direction of the Pier Manager or Harbormaster for public safety
or for severe weather conditions.
1-6-6 No boat shall be
left in dead storage or inactive at the Pier or Town-owned floats or licensed
float spaces.
Article 7. Commercial Fishing Vessels
1-7-1 All commercial fishing vessels
wishing to regularly utilize the Pier shall obtain in advance from the PPPC an
annual or semi-annual dockage permit for the use of the Pier. The permit shall be issued to a specific
vessel, and shall entitle the vessel to the full use of and access to the Pier
in common with other permit holders, subject to the rules, regulations and
permit terms of the Pier. Commercial
fishing vessels permit requirements and terms are listed on the application for
commercial fishing vessel berth.
1-7-2 Annual dockage permits shall be
valid from April 1st through March 30th of the following
year. Past due fees not paid by the
specified date of renewal will prevent the vessel from tying to the Pier and
any such vessel docking at MacMillan Pier after the specified date may be fined
$50.00 on a non-criminal disposition citation or any other applicable law for
every 24-hour period thereafter.
1-7-3 Semi-annual
dockage permits shall be valid from April 1st through September 30th and from
October 1st through March 30th. Past
due fees not paid by the specified date of renewal will prevent the vessel from
tying to the Pier and any such vessel docking at MacMillan Pier after the
specified date may be fined $50.00 on a non-criminal disposition citation or
any other applicable law for every 24-hour period thereafter.
1-7-4 Semi-annual dockage may be granted
to vessels whose captains and/or crews reside in Provincetown or Truro, or so
that the vessels can be moved as noted in 1-3-11. Annual dockage permits may be granted in Provincetown-based
vessels as defined in 1-1-3 and moved as noted in 1-3-11.
1-7-5 Fishing vessels not having a valid
annual, or semi-annual dockage permit shall be assessed the transient vessel
fee. The Pier Manager shall collect fees for the use of the Pier by transient
commercial fishing vessels.
1-7-6 Pulpits
that cannot be retracted or raised shall not be permitted on the floating
docks.
1-7-7 Deleted April 5, 2004
1-7-8 All
vessels with floating docks slips or on commercial fixed fingers shall maintain
a permitted holding mooring appropriate for the size vessel or the ability to
remove the vessel on it’s trailer in case of severe weather or it’s inability
to mechanically function.
1-7-9 Users
are responsible for removal of any gear, trash and general cleanup of the area
around their vessels.
1-7-10 DELETED
March 9, 2006
1-7-11 Licensees
whose berth is located at the fixed finger piers and the floating docks may be
subject to fees or fines for the abuse of potable water privileges. Abuse of privileges shall be as determined
by the Pier Manager and fees or fines will be determined by the Pier Manager
based on guidelines from the Town Water Department.3
1-7-12 Licensees whose berth is
located on the fixed finger piers or floating docks are not authorized to
sub-lease, lend or reassign the berth to any other vessel at any time without
the written consent of the Pier Manager.
Unauthorized vessels docked in licensee berths shall be removed at the
request of the Pier Manager or Harbormaster on-duty. If the vessel is not removed, it will be subject to transient
rates, ticketing or towing charges payable by the owner of the vessel.3
Article 8. Offloading/Handling of Seafood
1-8-1 The PPPC may lease an area of the
Pier for seafood offloading if said lessee is in good standing. Said license shall limit the lessee to
operating on its leased premises only.
1-8-2 Each Pier Space licensee is
allowed a specific number of vehicles as detailed in its respective lease. All
such vehicles and their use shall satisfy applicable requirements as to road
worthiness, registration, etc. and shall be conformant with orders issued by
the Barnstable Probate Court as presently in effect and as may be amended from
time to time.
1-8-3 All seafood offloading operations on MacMillan Pier
shall assure the cleanliness of areas used for offloading at the end of each
operating period and as health standards may require and/or as may be required
by the Pier Manager, Marine Superintendent or his delegates from time to time
during offloading operations. In addition to other measures used to assure
conformance with these requirements, offloading areas shall be washed down with
water under pressure of at least 50 pounds per square inch (gauge). Water from
the Municipal Water supply shall not be used for this purpose.
1-8-4 Licensees
shall be subject to fines or suspension or revocation of their licenses for
violations of these regulations, Federal, State, and local By-Laws, regulations
and lawful orders of the Marine Superintendent or his delegates.
1-8-5 All state and federally licensed
seafood offloaders shall be allowed to pack out through the lessee of MacMillan
Pier Offloading Spaces, with the fee therefore to be determined by the lessee.
Fees shall not discriminate in regards to residency of offloaders. All offloading fees and discounts based on
volume or membership shall be posted in a conspicuous place permanently fixed
about the offloading station and Harbormasters office.
1-8-6 Vessels berthed at the east
facing finger piers may offload their catch of fish or seafood into their own
vehicles or into a vehicle which is rented or leased to them but not sub-leased
to them. This offloading may take place
adjacent to the east facing finger piers or at an area designated by the Pier
Manager.
1-8-7 Vessels listed on float space licenses may offload
into their own vehicles or into a vehicle which is rented or leased to
them. This offloading may take place at
an area adjacent to their float space.
1-8-8 Seafood offloading on MacMillan
Pier is restricted to Pier Offloading Spaces, the area adjacent to the east
facing finger piers as noted in Section 1-8-6, the approach pier as detailed in
Section 1-8-7, or an area temporarily designated by the Pier Manager or
Harbormaster due to special circumstances such as weather or safety concerns.
1-8-9 Any person
off-loading seafood from MacMillan Pier shall do so only in locations approved
by the PPPC or its designee. No person
shall conduct seafood or gear off-loading from any portion of MacMillan Pier,
including the courtesy float, without obtaining a permit issued by either the
PPPC or the entity authorized by the PPPC pursuant to a lease or other written
agreement between the PPPC and such entity, to issue such permits for seafood
and gear off-loading operations, and paying the established fee to either the
PPPC or its designee, as directed by the PPPC. 1
Article 9. Pollution Prevention
1-9-1 Deleted April 5, 2004
1-9-2 Garbage, sewage,
and refuse shall be properly disposed of.
Persons using the Pier shall wash down the Pier surface after unloading
fish and at other times as required.
1-9-3 Waste oil and used engine oil shall be properly
disposed of in the waste oil container at the Provincetown Highway Department
or other authorized facility and shall not be left on the Pier. Violators may
be subject to ticketing. Each day shall be a separate offence.
1-9-4 See also Provincetown General
By-Laws, Chapter 12.
1-9-5 Fueling of vessels at the Pier shall
be prohibited except by properly licensed delivery trucks whose companies and
vehicles have applied for and received an annual Fuel Delivery Permit
1-9-6 Hoses for fuel delivery may not be
routed across open water. No deliveries
may be made to vessels in the floating dock slips beyond the second slip from
the Pier.
1-9-7 Sale
of oil and related products to vessels on MacMillan Pier must have the name of
the vessel indelibly written on each package, container or drum by the vendor.
Failure to comply with this regulation will result in revocation of the Fuel
Delivery Permit.
Article 10. Fees
1-10-1 Fees for uses permitted on the Pier
shall be as established from time to time in accordance with Chapter 13 of the
Acts of 2000. Unless otherwise provided
by law or by-law, the PPPC shall establish all fees under this Chapter.
Article 11. Penalties
1-11-1 Violations of any provisions of
these regulations, may be penalized by a non-criminal disposition as provided
under Massachusetts General Laws, Chapter 40, Section 21D. Each day on which a violation exists shall
be deemed a separate offense.
1-11-2 Licensees, transient vessels, and
other users of MacMillan Pier who fail to pay the required fees and/or fail to
comply with other requirements for use of the Pier by the time deadline for
same shall forfeit use privileges at the Pier forthwith and may be subject to
collection procedures. In the case of licensees, the PPPC may at its
discretion, elect to hold a show cause hearing in lieu of immediate suspension
of privileges. Continuation of a violation shall constitute a trespass. Violators may be subject to the Town's and
PPPC’s remedies and penalties therefore in addition to other applicable
penalties.
1-11-3 Penalties for violations of other laws, regulations, court orders, etc.,
shall be prescribed under the laws, etc. concerned.
1-11-4 Deleted April 5, 2004
1-11-5 Deleted April 5, 2004
1-12-1 The
skiff-dinghy dock shall be made available only to vessels which are less than
maximum 16 feet in length, do not have a steering wheel and are used to access
a properly authorized mooring or a transient vessel at anchor. Docking and berthing privileges may be
denied to any vessel, which in the opinion of the Pier Manager or Marine
Superintendent is not in a safe, sound and seaworthy condition or which poses a
hazard to other vessels. The
skiff-dinghy dock may also be used for commercial purposes as determined by the
PPPC.
1-12-2 Vessels may use
this dock on a transient basis, free of charge, for a maximum tie-up time of 7
hours except seasonal skiff-dinghy dock permit holders as described in section
1-12-3. These transient vessels may not
tie-up in the area marked with a yellow stripe that shall be reserved for said
commercial dinghy dock permit holders.
For those desiring to tie up for more than 7 hours, Permits are
available from the Pier Manager
1-12-3 Skiffs and
dinghies may tie-up around the clock for the season at the skiff-dinghy dock
upon receipt of a seasonal skiff-dinghy permit and sticker from the Pier
Manager after paying the appropriate fee.
The sticker must be placed on the inside stern portside of the vessel so
as to be seen from the dock. These
transient or permitted vessels may not tie-up in the area marked with a yellow
stripe which shall be reserved for said commercial dinghy dock permit holders.
Seasonal dinghy permits expire on December 31st, of the year issued.
1-12-4 Vessels holding a
"commercial use" permit for the dinghy dock must use only the portion
of the floats painted with a yellow stripe.
This area and these permits allow tie-up for the immediate embarkation
and debarkation of passengers and gear.
All use is on first come first served basis and must at no time exceed
15 minutes of tie-up time. Use of this
dock for solicitation of customers, collection of fees from customers, and tie-up
of unattended vessels is prohibited.
1-12-5 All vessels using
the skiff-dinghy dock must be tied by the bow and shall provide adequate
fenders on both sides to avoid damage to other vessels, the dock and MacMillan
Pier. All individuals who tie their
vessel to this facility do so at their own risk. Any damages caused by this vessel shall be the responsibility of
the vessel owner. In severe weather
conditions the vessel owners must remove their vessels from the dock. The Town of Provincetown or PPPC shall not
be held responsible for any damages or loss of property.
1-12-6 No gear, skiffs,
debris or equipment shall be left on the deck of the skiff-dinghy dock. Violations of any of these rules will
subject the violator to ticketing, removal and storage fees and loss of permit
and docking privileges.
1-12-7 Any dinghy owner wishing to lock the vessel to the dock
shall provide a key to the Pier Manager. The Pier Manager is authorized to
remove any lock deemed necessary at any time.3
1-12-8 The courtesy float shall
be available for use by boaters for a maximum tie-up time of 15 minutes. There shall be no commercial use of the
courtesy float unless the use has been authorized by the Board of Selectmen.3
Article
13 Timber Grounding Frames
1-13-1 The
structure and area adjacent to the east side of the pier, at the shoreline,
referred to as the “timber grounding frames” is subject to all general by-laws
and regulations of the Pier. Use of this area is primarily for the use of pier
tenants, and is regulated by the Pier Manager.3
1-13-2 Any
vessel wishing to use this area must first obtain written permission and
schedule use of the space, Fees apply for transient use and maximum transient
tie-up in this area is three days. Fees for this area are the same as transient
rates for dock space.3
1-13-3 Parking
is prohibited on the approach pier adjacent to this area except for loading and
unloading of equipment, which shall be limited to a maximum of 15 minutes.
Parking is prohibited in this area between the hours of 9 a.m. and 4:30 p.m.
between May I5 and September 15.3
1-13-4 Use of
potable water, in this area, from any faucet located on Town property is
prohibited.3
1-14-1 Licensees whose vessel berth is located on or attached to
MacMillan Pier who allow themselves, crew or other persons to live-a-board the
vessel may be subject to additional charges for potable water and will be
subject to all regulations in Article 14 regarding live-a-boards.3
1-14-2 Live-a-board
vessels must have holding tanks or other suitable means of containing septage
or human urine and feces.3
1-14-3 MacMillan
Pier and the Harbormasters office is not to be considered a mail drop or
message center without prior approval of the Harbormaster or Pier Manager. When
an emergency arises we will try to make contact with the affected parties but
will not be held responsible for missed messages or deliveries.3
1-15-1 If any provision of these regulations is held invalid or inoperative,
the remainder shall continue in full force and effect as though such invalid or
inoperative provisions had not been made.
1-15-2 All signs to be posted on MacMillan Pier, booths or
buildings, facilities or attached to the pier shall be approved in advance by
the Pier Manager.2
Appendix B
HARBOR FEE SCHEDULES*
2Fixed Pier Dock Fees (commercial fishing vessels) Effective March 31, 2005
Add an annual Consumer Price Index (CPI) to fees for
Commercial Fishing Fixed Pier and Floating Dock Dockage Permits, and Float
Space License commencing with the established fees dated March 31, 2005, which
are3
Includes offloading and
parking permit
Annual Dockage Permit $36.00
per foot
Rafted Annual Vessel $20.00
per foot of smaller second
vessel
in assigned berth.
Transient commercial $
1.00 per foot per day
Transient (non-commercial) $
2.00 per foot per day
Transient on a float $
3.00 per foot per day
Available
from October 1 to April 1 paid in advance does not include offloading or
parking permits
Semi-Annual Dockage Permit $21.00 per foot Oct. 1 to April 1
Short Term Transient $4.00 per foot per week
2Floating Dock Fees Effective
March 31, 2005
Annual Commercial Dockage Permit $50.00 per foot
Seasonal Recreational Permit $100.00 per foot per season
Permit fee requires 40-foot minimum payment. Two
small boats can split one berth rate when assigned by Pier Manager.
Overnight Transient floating docks $2.00 per foot per night
Available
from October 1 to April 1, paid in advance
Short-term transient $4.00
per foot per week
Permitted commercial fishers bulk
rates become effective with installation of delivery equipment anticipated May
2005, other rates effective March 31, 2005.
Commercial
Fishing vessels with annual offloading permits
By
the ton $60
per ton
By
the half ton $40
per half ton
Resident
fleet by the tote $5
per tote
Without
annual offloading permit
By
the ton $80
per ton
By
the half ton $50
per half ton
Large
ice chest (95-320 qt.) $15
Medium
ice chest (up to 94 qt.) $10
Commercial vessels without annual
dock permit $200 annual
$100
quarter year
Commercial Dealer- one truck $500
annual
$300
quarter year
Commercial Dealer- up to three
trucks $1000
annual
Commercial vessel- one day
offloading permit $25 per
day
The Permit or
License Fee shall increase for each subsequent permit year commencing with
Permit/License year beginning April 1, 2006 and shall be increased over the
Permit Fee for the preceding year by the percentage that the Adjustment-Month
CPI has increased over the Base-Month CPI, provided, however, that in no event
shall the Permit or License Fee for any permit year be less than the Fee for
the preceding Permit/License year. “Adjustment-Month
CPI” means the CPI published for the December immediately prior to the
commencement of the then current Permit/License year. “Base-Month CPI” means the CPI published for the December
immediately prior to the date then current calendar year. “CPI” means the Consumer Price Index of the
United States Bureau of Labor Statistics Wage Earners and Clerical Workers,
U.S. City Average, less fuel and food, all items, (on the
1982-84=100 standard). If the
publication of the CPI is transferred to any other governmental department or
is discontinued or is not available for the applicable month, PPPC shall
reasonably select another nationally recognized alternate index or method to
compute such annual fee adjustment.
Short-term use of deck other than
tenants
Small space $100
per month
Medium space $500
per month
Large space $1000
per month
Float Space Licenses Effective November 6, 2003*
Base Annual Float Fee: $8,000
per float
Additional
Fee:
Boat with rated capacity greater than 50
passengers
based on U.S.
Coast Guard Certificate of Inspection $75
per passenger
Float Space 10W base float fee $4000 Adopted March 31, 2005
One day vendor rate $20
per space per day
Seasonal farm vendor rate $200 per space per
season
Resident Fleet Seafood Vendor Resident vessels in good standing- no charge
Non-profits and entertainers No charge with approval of market manager
* Pursuant to Chapter
13 of the Acts of 2000 and Lease between the Provincetown Public Pier
Corporation and the Town of Provincetown.
Berthing Fee for Boston to Provincetown Ferry Service
Ten
year lease executed in 2003 with Bay State Cruise Company beginning at
$32,000.00 plus consumer price index (CPI) annual fee increase. Lease negotiated by Provincetown Public Pier
Corporation pursuant to Chapter 13 of the Acts of 2000 and interim agreement
between the Provincetown Public Pier Corporation and the Town of Provincetown.
Adopted April 5, 2004
1) Revised October 21, 2004
2) Revised March 31, 2005
3) Revised March 9, 2006