April 2004 Special Town Meeting

Notice is hereby given that the following amendments to the Provincetown General by-laws, as voted by the April 7, 2004 Special Town Meeting, were approved by the Massachusetts Attorney General under MGL C.40§32 on July 6, 2004 and shall take effect on Thursday, July 22, 2004 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 St., Provincetown, MA 02657.

Article 1. General By-law Amendment: Establish Community Preservation Committee. To amend the General By-laws by adding a new section 5.14, as follows:

5-14. Community Preservation Committee By-law

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 Housing Partnership as designated by said Partnership; 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 10-2-1 of the Town Charter.

5-14-2. Duties

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 80% of the annual revenues in the Community Preservation Fund for community housing.

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, MGL c. 44B, is accepted at the 2004 Annual Town election, this section shall take effect upon approval by the Attorney General of the Commonwealth and after all requirements of MGL .c. 40, section 32 have been met. Each appointing authority shall have thirty (30) days after the effective date to make its appointments.

Article 24. General By-law Amendment: Non-Criminal Disposition of Pier Corporation Regulations. To amend the Provincetown General By-laws to include the rules and regulations of the Provincetown Public Pier Corporation, as on file with the Town Clerk, by inserting the following new section to read as follows:

2-3-1-1. Any rule or regulation of the Provincetown Public Pier Corporation duly enacted as of April 7, 2004 shall be deemed a by-law of the Town. 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.

And further by amending Section 2-1, Schedule A, as follows:

2-3-2-1 Violations of the Provincetown Public Pier Corporation Regulations in Effect on April 7, 2004 (attached as Appendix 1 to Schedule A): 1^st offense, $100.00; 2^nd offense, $200.00; 3^rd and subsequent offenses, $300.00.

Article 25. General By-law Amendment: Personal Water Craft By-law: Move Marked Channel From West End Ramp to Good Templar Landing. To amend the Provincetown General By-laws so that 13-4-2-2 and 13-4-2-3 “Personal Watercraft in Provincetown Harbor” reads as follows:

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 ~~West End parking lot~~ Good Templar Landing thence to Long Point Buoy marker #3 within Provincetown Harbor, 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 or vessel in Provincetown Harbor except the boat-launching ramp at ~~the West End Beach~~ Good Templar Landing, and any personal watercraft using said boat-launching ramps shall be registered with the Provincetown harbormaster.

[In accordance with the requirements of G.L., c.90B, §§11 and 15, and c.131, §45, approval of Article 25 was also granted by the Acting Director of the Division of Law Enforcement within the Department of Fisheries, Wildlife & Environmental Law Enforcement on June 24, 2004.]

Doug Johnstone

Provincetown Town Clerk

Published: Provincetown Banner: July 15 & 22, 2004

Posted: www.provincetown-ma.gov 7/8/04 4:30 pm dj