Town of Provincetown
Public Notice
Amendments to the
Provincetown General By-Laws
April 2009 Annual Town
Meeting
Notice is hereby given that the following amendments to the Provincetown General By-Laws, as voted by the April 6, 2009 Annual Town Meeting, were approved by the Massachusetts Attorney General under MGL C.40§32 on July 14, 2009 and shall take effect on Thursday, August 6, 2009 at 12:01 a.m. Copies of the General By-Laws may be examined or obtained from the Office of the Town Clerk, Town of Provincetown, 16 Jerome Smith Road., Provincetown, MA 02657, or on the town web site at www.provincetown-ma.gov.
Article 19. General By-law Amendment: Non-Criminal
Disposition of Pier Corporation Regulations. To amend the Provincetown General By-laws by amending §2-3-1-1 to
read as follows:
Article 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 2-3-1 through 2-3-3 of the General By-laws. For the purposes of this by-law, the following officials shall be enforcing persons: the Harbormaster and his designees and any police officer of the Town of Provincetown.
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
Article 21. Historic District By-Law. To amend Chapter 15. Local Historic District.
Section 11. Appendices. Appendix 1. Provincetown Historic District
Guidelines. 9 of the Town’s General By-laws as follows:
9. ROOF DECKS, DECKS AND PORCHES.
Roof decks may be permitted
under the following criteria:
a. The size and location of the roof deck should not dominate the roof.
b. Roof decks should be located to be minimally visible
from a public way, and detailed to reflect an
historic roof walk, if appropriate to the building and site.
c. Railing design should consist of wooden railings with captured balusters.
Decks
and porches extending beyond the façade plane of a building may be permitted provided the deck supports do not
obscure significant architectural detail.
New decks should be detailed in a manner appropriate to the building.
Article 22. Delete
By-law Section 9-5:Habitations for Rent. To amend the Provincetown
General By-laws by deleting its entirety Section 9-5 Habitations for Rent.
Article 23. Licensing and vaccination of
dogs. To amend the General
By-laws by amending Article 13-2-7-5. Licensing by adding the following
to the end of the section: Any owner that fails to license and/or vaccinate a
dog by order of an enforcement official within two business days of receipt of
a notice to license shall be subject to a fine of $25.00. Any owner that fails
to license and /or vaccinate a dog by order of an enforcement official
within the next two business days shall be subject to a fine of $50.00.
Any owner that fails to license and/or vaccinate a dog by order of an
enforcement official for more than four days shall be subject to a fine of
$75.00. Each day thereafter that a violation of the Town by-law continues
shall be deemed to be a separate offense.
Article 24. Safe Transportation of Animals. To amend the General Bylaws by inserting a new section 13-2-7.2, Safe Transportation of Animals, to read as follows: No person shall transport an animal in the back of a motor vehicle in a space intended for a load on the vehicle on a public way unless such space is enclosed or has side and tail racks to a height of at least 46 inches extending vertically from the floor, the animal is cross tethered to the vehicle, the animal is protected by a secured container or cage or the animal is otherwise protected in a manner which will prevent the animal from being thrown or from falling or jumping from the vehicle. A non-criminal disposition penalty will be assessed in the amount of $50.00 (fifty dollars) to the owner for the first offense; $75.00 (seventy five dollars) to the owner for the second offense; and $100.00 (one hundred dollars) for the third and subsequent offenses; or to take any other action relative thereto.
Article 25. Control of dogs. To amend the General By-laws by amending Article 13-2-7-3. Control of dogs. Any dog within Town boundaries must be restrained and may not be at large except as specified herein. Any dog within Town boundaries may be off-leash only in specific off-leash areas as designated by the Town, provided that such dog is under voice and sight control. The following are Town-owned open space off-leash areas (limited by specified times as noted): Foss Woods, Locke Property (also known as 'Whistle Path Woods'), Abandoned Railroad Right-Of-Way, and all Town-owned beaches. From Memorial Day through November 1 dogs may be off-leash if under voice and sight control on Town-owned beaches between the hours of 6 am and 9 am and the hours of 6 pm and 9 pm; from November 2 through the day before Memorial Day dogs may be off-leash if under voice and sight control on Town-owned beaches between the hours of 6 am and 9pm; all dogs must be restrained on Town-owned beaches at all other times. In designated off-leash areas, any owner whose dog is not under voice and sight control or is out of control is in violation of this by-law. In all other areas, any owner whose dog is at large, out of control, or not restrained is in violation of this by-law. A non-criminal disposition penalty will be assessed in the amount of $25.00 (twenty-five dollars) to the owner for the first offense; $50.00 (fifty dollars) for the second offense; $75.00 (seventy-five dollars) for the third offense and subsequent offenses. Each violation of this by-law shall be deemed to be a separate offense.
Doug Johnstone
Provincetown Town Clerk
Published:
Provincetown Banner July 30 & August 6, 2009
Posted:
www.provincetown-ma.gov
7/20/09 11:55 am dj