Chapter 1
MacMILLAN
PIER REGULATIONS
Adopted 6/19/89
Amended 6/26/89, 7/24/89, 3/5/90, 12/9/91, 12/28/92, 12/13/93, 5/23/94, 12/12/94, 12/26/95, 1/22/96, 8/26/96, 12/30/96, 12/11/00, 12/16/02, 3,24,03
Chapter 1 Approved and Amended by
Provincetown Public Pier Corporation’s Board of Directors
Provincetown Public Pier Corporation
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1, MacMillan Pier will be superceded by these regulations upon passage.
Article 1. Definitions
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
1-1-9 Holding
Mooring: A single, non-rental, non-recreational
mooring used to hold a vessel for marine repair and service or commercial
tenants of MacMillan Pier.4
Article 2. General
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 Waiting vehicles shall turn
off their engines while in the ferry terminal area of MacMillan Pier or on the
direction of the Harbormaster or Pier Manager.4
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 and batteries 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.4
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
Article
12. Dinghy Dock
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