Town of Provincetown

Public Notice

Amendments to the Provincetown General By-Laws

April 2008 Annual Town Meeting

 

Notice is hereby given that the following amendments to the Provincetown General By-Laws, as voted by the April 7, 2008 Annual Town Meeting, were approved by the Massachusetts Attorney General under MGL C.40§32 on May 30, 2008 and shall take effect on Thursday, June 12, 2008 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, 260 Commercial Street., Provincetown, MA 02657, or on the town web site at www.provincetown-ma.gov.

 

Annual Town Meeting Article 13.     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 4, 2007 April 7, 2008 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 4, 2007 April 7, 2008 (attached as Appendix 1 to Schedule A): 1st offense, $100.00; 2nd offense, $200.00; 3rd and subsequent offenses, $300.00.

 

Annual Town Meeting Article 24.     General By-law Amendment:  Chapter 12:  Provincetown Wetlands Protection By-law. To amend the Provincetown General By-laws; Chapter 12, as on file with the Town Clerk, by inserting the following changes and additions to the following Sections and to read as follows:

To amend Section 12-5-1 to read as follows:  Any person filing a permit application or a RFD with the Commission at the same time shall give written notice thereof, by certified mail (return receipt requested) or hand delivered, to all abutters at their mailing addresses shown on the most recent applicable tax list of the assessors, including owners of land directly opposite on any public or private street or way, and abutters to the abutters within 200 100 feet of the property line of the applicant, including any in another municipality or across a body of water.

And further by amending Section 12-6 to read as follows:  Any person filing a permit application or RFD with the Commission shall provide a copy thereof at the same time, by certified mail (return receipt requested) or hand delivery, to the Director of Regulatory Management Conservation Agent, who shall distribute copies thereof to the appropriate regulatory boards, the cost of which copies shall be at the applicant's expense. 

And further by amending Section 12-9 to read as follows: (ADD) 12-9-1-7 Passive Recreation.  Passive recreation refers to non-consumptive, non-motorized uses such as wildlife observation, walking, biking, canoeing and fishing as well as trail- based hiking, mountain biking, horseback riding, picnicking. The goal of providing passive recreational uses is to promote the least impact on the wetland ecosystem.  Passive recreation generally encompasses the less intensive range of outdoor activities compatible with preserving natural resource functions such as wildlife habitat and floodplain protection.  Passive recreation is that which emphasizes the open-space aspect of a park and which involves a low level of development, including picnic areas and trails. 

And further by amending Section 12-11-3 to read as follows:  The Commission shall have authority to enforce this by-law, its regulations, and permits issued thereunder by violation notices, enforcement orders, under the Town’s non-criminal disposition section of its general by-laws, pursuant to G.L. c. 40, §21D, and civil and criminal court actions.  Any Police Officer, Conservation Agent, (ADD) Harbormaster, or Shellfish Constable shall have authority to enforce this by-law.  Any person who violates provisions of this by-law may be ordered to restore the property to its original condition and take other action deemed necessary to remedy such violations, or may be fined, or both. 

 

Doug Johnstone

Provincetown Town Clerk

Published: Provincetown Banner June 5 & 12, 2008

Posted: www.provincetown-ma.gov  5/30/08  12:30 pm dj