THE PROVINCETOWN GENERAL BYLAWS

Reorganized General By-Laws (Annual Town Meeting April 1998)

Provincetown By-law Revision Committee

 

 

Chapters

 

1.  Interpretation and Adoption

2.  Penalties and Enforcement

3.  Public Documents

4.  Town Meetings and Town Elections

5.  Town Boards

6.  Finance, Employment, and Fees

7.  Domestic Partnerships

8.  Licensing and Regulation Of Businesses

9.  Licensing and Regulation Of Certain Businesses

10.  Sign Regulations

11.  Building Regulations

12.  Wetlands Protection Bylaw

13.  Prohibited Activities

14.  Water Use Restriction By-Law

15.  Local Historic District

 

 

 

 

 

 

 

 


 


LEGISLATIVE HISTORY


 

Approved by Town Meeting

March 9, 1981

REVISED

March 8, 1982 ATM

June 21, 1982 STM

March 14, 1983 ATM

March 12, 1984 ATM

March 11, 1985 ATM

October 15, 1985 STM

March 10, 1986 ATM

March 12, 1986 STM

October 27, 1986 STM

March 9, 1987 ATM

March 14, 1988 ATM

March 13, 1989 ATM

March 12, 1990 ATM

April 1, 1991 ATM

April 6, 1992 ATM

April 7, 1993 ATM

October 27, 1993 STM

October 24, 1994 STM

April 3, 1995 ATM

November 6, 1995 STM

October 28, 1997 STM

April 6, 1998 ATM

April 6, 1998 ATM

April 5, 1999 STM/ATM

April 3, 2000 ATM

April 2, 2001 ATM

April 1, 2002 STM

April 1, 2002 ATM

April 7, 2003 ATM

April 7, 2004 STM

October 25, 2004 STM

April 4, 2005 ATM

November 7, 2005 STM

April 3, 2006

November 13, 2006    

April 4, 2007

April 7, 2008

November 17, 2008 STM

 

Approved by Attorney General

August 4, 1981

 

July 12, 1982

October 4, 1982

April 26, 1983

July 5, 1984

June 11, 1985

January 16, 1986

April 11, 1986

April 7, 1986

November 25, 1986

April 17 & June 5, 1987

March 28 & May 19, 1988

June 5, 1989

May 7 & June 8, 1990

June 12, 1991

July 2 & 15, 1992

July 13, 1993

January 7, 1994

December 1, 1994

April 11, 1995

November 13, 1995

January 3 & February 18, 1997

August 3, 1998

August 3, 1998

May 3 & July 20, 1999

July 11, 2000

July 17, 2001

May 2, 2002

July 18, 2002

August 14, 2003

July 6, 2004

December 16, 2004

May 4, 2005

December 7, 2005

July 10, 2006

December 11, 2006

May 29, 2007

May 30, 2008

December 22, 2008


 

THE PROVINCETOWN GENERAL BYLAWS

 

Chapters 1

REVISED 2

1. INTERPRETATION AND ADOPTION 1

1-1.  General provisions.                                    1

1-2.  Definitions.          1

1-3.  Adoption of bylaws.        1

2.  PENALTIES AND ENFORCEMENT 2

2-1. Fines for violation of a bylaw.      2

2-2. Criminal complaint.        2

2-3. Non-criminal disposition.       2

3.  PUBLIC DOCUMENTS 4

3-1. Seal of the town.         4

3-2. Custody of legal documents.       4

3-3. Publication of certain documents.      4

4.  TOWN MEETING AND TOWN ELECTIONS 5

4-1.  Annual town meeting.        5

4-2.  Motions at town meeting.       5

4-3.  Speeches at town meeting.       6

4-4.  Voting at town meeting.       6

4-5.  Date of town elections.       7

5.  TOWN BOARDS 7

5-1.  The Board of Selectmen.       7

5-2.  The Finance Committee.        7

5-3.  Council on Aging.         8

5-4.  Notification of appointment to town positions.   8

5-5.  Overlapping terms of membership on town boards.   8

5-6.  Places of meetings.        8

5-7.  Vacancies on appointed town boards.     8

5-8.  Records of doings and accounts.      9

5-9.  Dissolution of committee for failure to make reports. 9

5-10. Annual reports and recommendations.     9

5-11. Reports requiring town meeting action.    9

5-12. Public hearings on proposed rules and regulations.  9

5-13. Identification of sources.       10

5-14. Community Preservation Committee By-law    10

5-14-2.  Duties          10

5-15. Economic Development Council and Economic Development Permits              11

6.  FINANCE, EMPLOYMENT, AND FEES 13

6-1.  Town accounts.         13

6-2.  Employment.          13

6-3.  Compensation for work performed for the town.   13

6-4.  Contracts, sales and leases.      13

6-5.  Application of dedicated funds or property.   14

6-6.  Setting of Fees.         14

6-7.  Fees for use of harbor front facilities.    15

6-8.  Special assessments for water pipes.     16

6-9.  Interest on unpaid water bills.      16

7.  DOMESTIC PARTNERSHIPS 17

7-1.  Recognition and scope.        17

7-2.  Definitions.          17

7-3.  Registration and Termination.      17

7-4.  Town Clerk fees.         18

7-5.  Town Clerk records.        18

7-6.  Rights of domestic partners.      18

7-7.  Discrimination Prohibited.       19

7-8.  Severability.         19

7-9.  Forms.           19

7-10. Effect on other sections of town bylaws.    19

8.  LICENSING AND REGULATION OF BUSINESSES 20

8-1.  Limitation of licensing authority.     20

8-2.  Notification of intent to commence business.   20

8-3.  Public hearing and notification requirements.   20

8-4.  Issuance of licenses, permits and approvals.   20

8-5.  Licenses and permits of delinquent taxpayers.   20

8-6.  Possession of licenses, permits and approvals.   21

8-7.  Annual inspection and filings.      22

8-8.  Conducting business without proper license(s).   22

8-9.  Hours of retail business operation.     22

8-10.  Prohibit brown bagging.       22

8-11. Outside display.          22

8-12.  Occupancy limits.        23

8-13.  Regulating closing out sales.      23

8-14.  Purchasing second‑hand goods.      24

8-15.  Hours of Entertainment and Amusement Operation.  24

9.   LICENSING AND REGULATION OF CERTAIN BUSINESSES 25

9-1.  Food for Sale.         25

9-2.  Vending Machines.         25

9-3.  Commercial Solicitation on Public Property.   25

9-4.  Street Performances.        26

9-5.  Habitations for Rent.        28

9-6.  Use of town owned docking facilities.     29

9-7.  Prohibited businesses.        29

10.  SIGN REGULATIONS 30

10-1.  Administration and Enforcement.      30

10-2.  General Regulations.        30

10-3.  Sign Size.          30

10-4.  Multiple signs.         31

10-5.  Temporary and political signs.      31

10-6.  Chalkboards and menu boards.      32

10.7.  Interpretation.         32

11.  BUILDING REGULATIONS 33

11‑1.  Building permits and inspections.     33

11-2.  Electrical Installation Permits and Inspections.  35

11-3.  Private Swimming Pools, Spas, and Hot Tubs.   35

11-4.  Handicapped Parking Spaces on Private Property.  36

11-5.  Street numbers on buildings.      37

11-6.  Public ways.         38

11-7. Private Ways          38

11-8.  Automatic-dialing mechanical protection devices and fire protective signaling systems and automatic fire detection systems.              39

12.  WETLANDS PROTECTION BYLAW 40

12-1. Introduction.         40

12-2. Jurisdiction.         40

12-3 Conditional Exceptions.        40

12-4. Applications for Permits and Requests for Determination. 41

12-5. Notice and Hearings.        42

12-6. Coordination with Other Boards.      43

12-7. Permits and Conditions.       43

12-8. Regulations.          44

12-9. Definitions.          44

12-10. Security.          46

12-11. Enforcement.         46

12-12. Burden of Proof.         46

12-13. Appeals.          47

12-14. Relation to the Wetlands Protection Act.    47

12-15. Severability.         47

13.  PROHIBITED ACTIVITIES 47

13-1.  Prohibited use of private property.     47

13-2.  Prohibited conduct.        48

13-3.  Prohibited use of motor vehicles.     53

13-4.  Prohibited use of waterfront and harbor.    55

14. WATER USE RESTRICTION BY-LAW 57

14-1.  Authority.          57

14-2.  Purpose.          57

14-3.  Definitions.         57

14-4.  Declaration of a State of Water Supply Conservation. 57

14-5.  Restricted Water Uses.       57

14-6.  Public Notification of a State of Water supply Conservation.              58

14-7.  Termination of a State of Water supply Conservation. 58

14-8.  State of Water Supply Emergency.     58

14-9.  Penalties.          58

14-10. Severability.         58

15. Local Historic District 59

15-1.  Purpose.          59

15-2.  Definitions.         59

15-3.  District.          59

15-4.  Commission Composition and Appointments.    60

15-5.  Commission Powers and Duties      60

15-6.  Alterations and Construction Prohibited Without a Certificate.           61

15-7.  Procedures for Review of Applications    61

15-8.  Criteria for Determinations.      63

15-9.  Exclusions.          63

15-10.  Enforcement and Penalties.      64

15-11.  APPENDICES          65

SCHEDULE A 69


 

THE PROVINCETOWN GENERAL BYLAWS

 

1. INTERPRETATION AND ADOPTION

 

1-1.  General provisions.

1‑1‑1. Previous bylaws superseded with exceptions.  The following provisions constitute "The Provincetown General Bylaws" and supersede all bylaws previously enacted except the Zoning Bylaws (including the Sign Code) and the Compensation Plan of the Town of Provincetown.

1‑1‑2.  Repealed or superseded bylaws not to be revived.  No bylaw previously repealed or superseded by these bylaws shall be revived by the repeal of any of these bylaws.

1‑1‑3.  Invalidity of any section not to invalidate other sections.  The invalidity of any section or provision of these bylaws shall not invalidate any other section or provisions thereof.

 

1-2.  Definitions. 

For the purpose of these bylaws, the following terms shall be defined as stated below to the extent that the context of a bylaw permits, unless otherwise defined in a bylaw:

1-2-1.  Vote of the town.  "Vote of the town" means a motion duly approved by a Town Meeting.

1-2-2.  Town employee.  "Town employee" means a person who is elected or appointed to a town office in accordance with the General Laws of the Commonwealth, the Town Charter or these bylaws.

1-2-3.  Town authority.  "Town authority" means any person or group of persons, whether elected or appointed, authorized to bind the Town in contract, or to enforce on behalf of the Town the General Laws of the Commonwealth, the Town Charter, these bylaws, or any rule or regulation duly promulgated by the Board of Selectmen, a Town Board, or any agent or delegate thereof.

1-2-4.  Town board.  "Town board" means any town board, commission, committee, council, or agency.

1-2-5.  Person.  "Person" means any individual or group of individuals, or any association, partnership, corporation, company, profit or non‑profit business organization, trust or estate, to the extent permitted under the laws of the Commonwealth of Massachusetts; and the United States and the Commonwealth of Massachusetts, their political subdivisions, administrative or regulatory agencies, public or quasi‑public corporations or bodies, an any other legal entity thereof including their legal representatives, agents and assigns, insofar as may be permitted by the laws of the Commonwealth of Massachusetts or of the United States.

1-3.  Adoption of bylaws.

1‑3‑1.  Adoption of a proposed bylaw. A proposed bylaw may be adopted by a majority vote of those present and voting at any Town Meeting.

1‑3‑2.  Amendment of a bylaw. Any bylaw other than a zoning bylaw, may be repealed or amended by a majority vote of those present and voting at any Town Meeting.

 


 

2.  PENALTIES AND ENFORCEMENT

 

2-1. Fines for violation of a bylaw. 

The violator of any of these bylaws and other state and local regulations, shall be subject, for each offense, to the penalty specified in Schedule A to these bylaws, but not exceeding the maximum penalty authorized by G.L. c.40, 21, as amended.

 

2-2. Criminal complaint. 

Whoever violates any provision of these bylaws may be penalized by indictment or on complaint brought in the District Court.  Except as may be otherwise provided by law and as the District Court may see fit to impose, the maximum penalty for each violation, or offense shall not exceed the maximum penalty specified in G.L. c.40, 21, as amended.

 

2-3. Non-criminal disposition.

Alternative method of enforcement.  Any duly adopted bylaw of the Town of Provincetown, or Rule or Regulation of its boards, commissions and committees and officers, the violation of which is subject to a specific penalty, may at the discretion of the town employee who is the appropriate enforcing person, be enforced by the method provided in G.L. c.40, 21D.

2-3-1-1. Any rule or regulation of the Provincetown Public Pier Corporation duly enacted as of 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[1]

Non‑criminal dispositions.  Whoever violates any provision of these bylaws, the violation of which is subject to a specific penalty, may be penalized by a non‑criminal disposition as provided in G.L. c.40, 21D. The non‑criminal method of disposition may also be used for violations of any Rule or Regulations of any municipal officer, board or department which is subject to specific penalty.  Each day on which any violation exists shall be deemed to be a separate offense.

2-3-2-1. Violations of the Provincetown Public Pier Corporation Regulations in Effect on April 7, 2008 (attached as Appendix 1 to Schedule A): 1st offense, $100.00; 2nd offense, $200.00; 3rd and subsequent offenses, $300.00[2]

2-3-3.  Enforcing person.  "Enforcing person", as used in this chapter shall mean any Selectman or any police official of the Town of Provincetown with respect to any offense; and the town official in charge of the Airport and his designees, Shellfish Constable and his designees, the Conservation Officer and his designees, the Harbormaster and his designees, the Health Agent and his designees, the Licensing Agent and his designees, Sealer of Weights and Measures and his designees and the Zoning Enforcement Officer and such other officials as the Board of Selectmen may from time to time designate, each with respect to violation of bylaws and rules and regulations within their respective jurisdictions.  If more than one official has jurisdiction in a given case, any such official may be an enforcing person with respect thereto.


 

 3.  PUBLIC DOCUMENTS

 

3-1. Seal of the town. 

The Seal of the Town of Provincetown shall be circular in form and shall bear upon its face a scroll with the words thereon "Compact ‑ Nov. 11, 1620" and "Birthplace of American Liberty"; around the scroll the words "Town of Provincetown, Incorporated 1727"; and beneath the scroll the words "Precinct of Cape Cod 1714".

 

3-2. Custody of legal documents. 

Except as otherwise provided by law, the Town Manager shall have custody of bonds, deeds, contracts, insurance policies and other similar documents owned or held by the town; except that the bond that may be required to be given by the Town Manager shall be held in the custody of the Board of Selectmen.

 

3-3. Publication of certain documents. 

The Board of Selectmen, or the Town Manager with the approval from the Board of Selectmen, shall determine the form in which town documents shall be published. Such documents shall include, but not be limited to, the Assessor's valuation list; General, Zoning, and other bylaws; and rules and regulations of town bodies.


 

4.  TOWN MEETING AND TOWN ELECTIONS

 

4-1.  Annual town meeting.

4‑1‑1.  Date.  The Annual Town Meeting shall be held on the first Monday in April of every year and shall be called to order at 6:00 p.m.[3] for the purpose of transacting all business of the Annual Town Meeting except the election of such officers and the determination of such matters as are required by law to be elected or determined by ballot.

4-1-2.  Copies of the warrant to be made available to voters. At each session of each Town Meeting, the Board of Selectmen shall make available to each voter a copy of the warrant for the meeting and a copy of the Finance Committee's recommendations.

 

4-2.  Motions at town meeting.

4‑2‑1.  Order of motions.  Procedural motions shall be received and shall have precedence in order as follows:

1   to adjourn to a date and time certain

2.  to adjourn

3.  to lay on the table

4.  to move the question

5.  to postpone to a time certain

6.  to commit, recommit or refer

7.  to amend

8.  to postpone indefinitely

4-2-2.  Motions to be decided without debate.  Procedural motions to adjourn, to lay on the table and to move the question shall be decided without debate.

4-2-3.  Motions moving the question. A majority of two‑thirds of those present and voting is required to carry a motion moving the question.  A simple majority is sufficient to carry every other procedural motion.

4‑2‑4.  Motions in writing.  Every motion proposing the expenditure of money shall be presented in writing and shall not exceed the sum specified in the warrant article.  Other motions shall be in writing if the Moderator, or a majority of those present and voting so directs.

4‑2‑5. Division of motions. If a motion be susceptible of division into separate parts, votes must be taken on each part if ten (10) or more voters so request.

4‑2‑6.  Amendments involving sums of money. On any proposed motion involving a sum or sums of money, the larger or largest amount shall be voted on first.  An affirmative vote on the larger or largest amount shall be a negative vote on any smaller amount.

4‑2‑7.  Motion to dissolve. No motion that would cause the dissolution of the meeting shall be in order until every article in the warrant therefore has been duly considered and acted upon, but this shall not prevent the postponement of consideration of any article to an adjournment of the meeting at a stated time and place.

 

4-3.  Speeches at town meeting.

4‑3‑1.  Limitation on speeches. No person shall speak more than once on any question to the exclusion of any other person who may desire to speak thereon, nor more than twice without first obtaining leave of the meeting, except, in either case, in response to questions asked through the Moderator or for the brief correction of an error in or misunderstanding of a previous statement.

4‑3‑2.  Limitation on duration of speeches. No person shall speak for more than ten (10) minutes on any question unless the time shall be extended by vote of the meeting.


4‑3‑3.  Disclosure of employment as agent or attorney for another.  Any person employed to speak as agent or attorney for another shall disclose the fact of such employment before addressing the meeting.  If the agent or attorney is not a voter of the Town, a majority of those present and voting must give consent before that person is permitted to speak.

4‑3‑4.  Speeches by nonvoters.  A nonvoter wishing to address a Town Meeting shall be allowed to do so if no voter objects.  Should any voter object, the matter shall be determined by a majority vote of those present and voting.

4-3-5.  Petitioner to speak first. The petitioner moving an article shall be allowed to make      his/her presentation on said article prior to Town Meeting hearing the recommendation of the Finance Committee.[4]

 

4-4.  Voting at town meeting.

4‑4‑1.  Determination of votes. When a question is put, the sense of the meeting shall be determined by the voices of the voters, and the Moderator shall declare the vote as it appears to him; provided that no vote shall be taken when the balcony is open to the general public. If the Moderator is unable to decide the vote by the sound of voices, or if his decision is immediately questioned by seven (7) or more voters, the Moderator shall distinctly state the question; and those voting in the affirmative and negative, respectively, shall, as the Moderator directs, raise one hand or rise and stand until counted.  No person shall be counted who does not comply with the request to occupy a seat, if seats in the hall are available; but if seats are not available, those standing shall be counted separately by a show of hands.

4‑4‑2.  Appointment of tellers and voting from the balcony. No person not a registered voter of the town (except Town Counsel and any one permitted to speak, under Section 3‑3‑4 of this Chapter) shall be allowed on the floor of Town Hall at any town meeting.  The balcony of Town Hall shall be open to the general public if the Moderator deems there is sufficient seating capacity to accommodate all voters on the floor of Town Hall; otherwise, the balcony shall be open only to registered voters.  The stage may be occupied by voters if the space is needed and if the Moderator approves.  If the balcony be open to the public, every registered voter who wishes to vote must be present on the floor to Town Hall or in such area of Town Hall as the Moderator may direct.

4‑4‑3.  Reconsideration of votes.

4-4-3-1.  Written notice of intention to reconsider.  No vote of the meeting shall be reconsidered unless written notice of intention to reconsider shall have been signed by ten (10) or more registered voters of the Town and given to the Moderator within one hour after the vote to which such notice relates has been passed.  When a motion for reconsideration is decided, that decision shall not be reconsidered, and no question shall be reconsidered more than once.

4-4-3-2.  Prohibited reconsideration.  No vote on a motion to adjourn, to lay on the table, or to move the question shall be reconsidered.

4‑4‑4.  Votes by secret ballot. 

4-4-4-1.  Majority of voters may order a secret ballot.  A majority of those present and voting may order that the vote on any motion be taken by a secret ballot.

4-4-4-2.  Vote regarding the Compensation Plan.  A vote shall be taken by secret ballot on proposed changes affecting payment for services covered by the Compensation Plan of the Town.


4-4-4-3.  Town Clerk to provide ballot forms.  The Town Clerk shall provide sufficient forms for all votes to be taken by secret ballot.

4-5.  Date of town elections.

4-5-1.  Annual election.  Beginning at 7:00 a.m. and ending at 7:00 p.m. on the first Tuesday in May of every year, there shall be held that part of the Annual Town Meeting devoted to the election of officers and to such other matters as, by law, must be determined by ballot.

4-5-2.  Special election.  For any special town election, the polls shall be open during the hours of 7:00 a.m. to 7:00 p.m. on the date called by the Board of Selectmen.


 

 

5.  TOWN BOARDS

5-1.  The Board of Selectmen.

5‑1‑1.  Dates of meetings.  The Board of Selectmen and the Town Manager shall meet in Town Hall on the second and fourth Monday evenings of each month and at such other times as the Board may decide.  If the second and fourth Monday of a month be a holiday, the Board and the Town Manager shall meet on the following evening.  Unless it be in executive session, every meeting of the Board of Selectmen shall be open to the public and to the press.

5-1‑2.  Public statements at meetings.  The agenda of a public meeting of the Board of Selectmen, shall provide for statements by members of the public no later than the second item on that agenda.

5-1-3.  Official representatives of the Town.  The Chairman of the Board of Selectmen shall be the official representative of the Town at all official functions.  If the Chairman be unable or unwilling to serve as such on a specific occasion, the Board of Selectmen shall appoint an official representative in the following order of precedence: another member of the Board of Selectmen, the Town Manager, the Town Moderator, or some other person.

5-1-4. Stipend for Selectmen. Each member of the Board of Selectmen shall receive an annual stipend of one thousand dollars. [5]          

5-2.  The Finance Committee.

5-2-1.  Hearings and recommendations on warrant articles.  The Board of Selectmen, immediately after drawing up the warrant for a Town Meeting, shall refer to the Finance Committee all articles contained therein.  The Finance Committee shall arrange and hold public hearings, so that citizens interested in any article may be heard.  The Finance Committee, after due consideration, shall report in writing to the Town Meeting on each article that may affect the town's financial status.  In each case, it shall make such recommendation as it feels best serves the interests of the town.

5-2‑2.  Review of proposed expenditures.  The Finance Committee shall annually review town expenditures for previous years and those proposed for the year ensuing.  To facilitate such review, all persons having budgetary responsibility shall submit data for review in such form and in such detail as the Finance Committee shall prescribe.  The Finance Committee shall provide for each account under review the amount it recommends be appropriated and shall add thereto such explanation and suggestion as it deems desirable and appropriate.

5-2‑3.  Access to financial records.  The Finance Committee shall have access to all records needed for the discharge of its duties.  Such records shall include all books in which Town accounts are kept and all bills and vouchers upon which money has been, or may be, paid from the town treasury.  Upon request from the Finance Committee, every person responsible for the keeping of town records and accounts shall provide such facts, figures and records as the Committee may require.

5-3.  Council on Aging.

5-3‑1.  Programs. The Council on Aging shall initiate, conduct and coordinate programs designed to meet problems of the aging and to do so in accord with applicable laws and regulations.

5-3‑2.  Officers.  The Council shall elect from among its members, at the conclusion of each Annual Town Meeting, the following officers: chairman, vice‑chairman, treasurer and secretary-

5-3-2-1.  Term of office.  Each officer shall hold office until a successor has been elected. Each officer shall be eligible for re‑election to the same, or to any other office.

5-3-2-2.  Vacancies.  If an office should become vacant, the Council, without delay, shall elect a successor to fill the vacancy.

5-4.  Notification of appointment to town positions.

5-4-1.  Filing of notices of appointments.  All appointive authorities of the town shall file with the Town Clerk a copy of each notice of appointment to a town office or town Board, or any rescinding of appointment thereto.

5-4-2.  Oath of office and notice of mandate of position.  Persons appointed to a town office or town board shall take the oath of office from the Town Clerk, at which time the Town Clerk shall provide to such persons written notification of the mandate of the town regarding the position, the names of other persons similarly mandated, and the time allowed for the completion of the work mandated.

 

5-5.  Overlapping terms of membership on town boards. 

Appointments to town boards which have three or more members who are appointed for terms of three or more years shall be made by the appointive authority in such manner that, as nearly as can be, the terms of one third of the members of such a board shall lapse each year, but nothing in this section shall prohibit the appointive authority from renewing the term of a member whose term has lapsed.

 

5-6.  Places of meetings. 

All town boards shall hold all meetings in Town Hall or other town‑owned building.  This provision shall not prohibit on‑site inspection when necessary for the proper conduct of town business.

 

5-7.  Vacancies on appointed town boards.

5-7-1.  Vacancies caused by absences from meetings.  If a member of an appointed town board be absent, without just cause, for three consecutive, duly‑scheduled meetings, the remaining members of the body may declare the post vacant.

5-7-2.  Appointive authority to appoint successor.  When a vacancy occurs on an appointed town board, the remaining members of the body shall, without delay, ask the appointive authority to appoint a successor.

 

5-8.  Records of doings and accounts. 

Records of the official activities and accounts of all town employees, town authorities, and the town bodies shall be kept in the manner and form as shall be prescribed by the General Laws, the Town Charter or these bylaws, or, as may be authorized thereby, the Board of Selectmen or the Town Manager.

5-8-1.  Records to be open to public inspection.  Records shall be open to public inspection under the supervision of the custodian of the records.

5-8-2.  Security of records.  Records shall be kept secure in Town Hall or other authorized locations and shall not be removed without proper authorization and custodianship.

 

5-9.  Dissolution of committee for failure to make reports. 

All committees shall report as directed by the Town Meeting, but if no report is made within one year after its appointment, a committee shall be discharged unless the Town Meeting shall have granted an extension of time.

 

5-10. Annual reports and recommendations. 

Each town employee and each town board shall submit annually to the Board of Selectmen a report of activities, together with any recommendation relative to those activities, for inclusion in the Annual Reports of the town; and such reports shall be submitted on or before a date specified by the Board of Selectmen.

 

5-11. Reports requiring town meeting action. 

A vote of the Town Meeting accepting a report shall in no way imply endorsement of any recommended action.  Any action recommended in a report must be clearly stated in an article (or articles) in the warrant for a Town Meeting.

 

5-12. Public hearings on proposed rules and regulations. 

Unless otherwise specified by the General Laws, the Town Charter or a bylaw, any new or revised rule or regulation proposed by a town authority shall not be put into effect until the following actions have been taken:

5-12-1. Notification of public hearing.  A public hearing shall have been held.  At least fourteen (14) days in advance of the hearing, the text of proposed new or revised rule or regulation and the date, time and place of the hearing shall have been published in a newspaper of general circulation in the town and posted on the bulletin board in Town Hall; and

5-12-2.  Determination and advertisement of final text.  The town authority shall have determined the final text of the new or revised rule or regulation, shall have recorded the fact of such determination, and shall have published the text and effective date thereof in a newspaper of general circulation in the town.

 

5-13. Identification of sources. 

No town board or committee shall accept as testimony, evidence or attestation, nor cause to be read into the public record or minutes of any meeting, any correspondence in which no identification is given of the author of such correspondence or of the author's place of residence.  This is not to exclude the right of the author to have the board/committee withhold the name and/or address upon request.

 

5-14. Community Preservation Committee By-law[6]

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 Community Housing Council (PCHC) as designated by said Council; 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 10% of the annual revenues in the Community Preservation Fund for community housing.[7]

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.

5-15. Economic Development Council and Economic Development Permits[8]

1.  There shall be an Economic Development Council to advise the Board of Selectmen on the development of strategies consistent with the Local Comprehensive Plan which will foster a sustainable year-round economy for Provincetown.  The council will also work agressively with the School Committee to find ways to increase enrollment in the Provincetown Junior High School and High School.  The council shall consist of seven members appointed by the Board of Selectmen.  When first established, the terms of the members shall be for one, two or three years and so arranged that the terms of approximately one third of the members will expire each year, and their successors shall be appointed for a term of three years. 

2.  Members of the council shall have education and experience in one or more of the following fields: tourism and visitor services, arts and culture, retail, general business, education, health care, commercial fishing and aquaculture, and housing and construction; and the council as a whole shall include persons with education and experience in several of these fields. In fulfillment of its mission, the council shall actively solicit ongoing input from businesses, organizations, and interested individuals. 

3.  The Selectmen may appoint up to two alternate members who may be designated by the chairman or chairman pro tem to act in the place of a regular member who is absent or unable to act upon any matter that comes before the council.

4.  The Board of Selectmen is hereby authorized to issue economic development permits.  The Board shall adopt guidelines, hereinafter referred to as “Permit Guidelines”, for such economic development permits after consideration of the recommendations, if any, of the council.  Applications for an economic development permit shall be filed in the Office of the Board of Selectmen, whereupon the Town Manager shall without undue delay refer the application to the council for its review and recommendations.  The Board shall consider its guidelines and the recommendations, if any, of the council, with respect to each permit application.  Economic development permits may be used to qualify for such preferences and permits as may be established by the Town or its boards or officers by guidelines, regulations or bylaws having as their purpose fostering year-round economic development.  Each property for which an economic development permit is granted shall be deemed a public service use under Section 3 of Chapter 157 of the Acts of 2000.  Economic development permits may require the execution of an agreement, a covenant or other recordable instrument that ensures the continued use of the property in question for purposes consistent with the Permit Guidelines and the conditions pursuant to which the economic development permit was issued.

5.  For the purpose of fostering a sustainable year-round economy, the council shall develop and recommend to the Board of Selectmen guidelines for the issuance of economic development permits, may review applications referred to the council for economic development permits, and may make recommendations to the Board of Selectmen relative to said economic development permit applications.

6.  The Board of Selectmen may acquire in the name of the town by gift or grant, or by purchase with funds that may be appropriated or otherwise available for such purpose, covenants with respect to real property, or enter into agreements with respect to real property, for such term of years as the Selectmen deem appropriate, the purpose of which is to ensure that said property shall be used for purposes consistent with the Permit Guidelines and the conditions pursuant to which the economic development permit was issued.  Such agreements or covenants shall be enforceable by the Board of Selectmen, which may amend or release any such agreement or covenant if the Board of Selectmen deems such amendment or release to be in the best interest of the Town.

 


 

6.  FINANCE, EMPLOYMENT, AND FEES

 

6-1.  Town accounts.

6‑1‑1.  Accounting methods.  The Town Manager shall prescribe the methods and forms to be used in recording and reporting the financial transactions of the town.  Such methods and forms shall conform to the requirements of the General Laws of the Commonwealth and any rules or regulations made thereunder.

6‑1‑2.  Notice of unpaid bills.  Each town authority shall submit to the Town Manager notice of all financial obligations of such authority that may or will be outstanding on June 30 of each year.  Such notice shall be submitted by a date to be specified by the Town Manager.

6‑1‑3.  Audit of town accounts.  An audit of town accounts shall be made annually.  This audit shall be conducted under the supervision of the responsible Commonwealth authority and shall be in accord with applicable statutes and regulations.

6-2.  Employment.

6-2-1.  Solicitation of candidates.  No employee shall be hired by any agency of the town without there first being solicitation of candidates for the position in a newspaper of general circulation in the town at least two consecutive weeks.

6-2-2.  Temporary appointment to continue essential function.  This bylaw is not applicable to temporary appointments of not more than six weeks duration, made for the purpose of continuing an essential function while the solicitation‑selection process proceeds under this bylaw.

6-2-3.  Temporary appointment to provide coverage.  This bylaw is not applicable to temporary appointments of not more than six weeks duration, made for the purpose of providing coverage during periods of vacation, sickness and other leaves of absence.

6-2-4.  Substitute on-call relief employees.  This bylaw is not applicable to substitute on‑call relief employees selected from established lists of same, for employment of not more than two weeks duration.  All substitute on‑call relief personnel shall be initially selected in the manner set forth in Section 6-2-1.

6-2-5.  Suspension during emergency.  This bylaw may be suspended in the event of an emergency involving a threat to the public safety or a clear and present danger to life or property as determined by the Commissioner of Public Safety and/or his delegates.

 

6-3.  Compensation for work performed for the town. 

No town employee or salaried employee of the town, or any agent thereof, shall receive any compensation for work performed for the town other that the salary or fee allowed or mandated by the General Laws, the Town Charter, or bylaws without written authorization by the Board of Selectmen, which authorization shall be recorded, together with the reasons therefore, in the minutes of the meetings of the Board of Selectmen.

 

6-4.  Contracts, sales and leases.

6-4-1.  Contracts.  Unless otherwise provided by a vote of a Town Meeting, the Board of Selectmen or chief procurement officer designated pursuant to G.L. c.30B is authorized to enter into any contract for the exercise of the town's corporate powers, on such terms and conditions as are deemed appropriate.  Notwithstanding the foregoing, the Board of Selectmen or chief procurement officer shall not contract for any purpose, on any terms, or under any conditions inconsistent with any application provision of any general or special law.


6-4-2.  Purchases of services and supplies..  The procurement of all town supplies and services shall be in accordance with G.L. c.30B.

6-4-3.  Acquisition or disposal or real estate.