[HISTORY: Adopted by the Annual Town Meeting
of the Town of Nantucket 4-6-1987 by Art. 31, approved 7-15-1987.
Amendments noted where applicable.]
[Amended 5-5-1992 ATM by Art. 68, approved
5-28-1992; 4-30-2003 ATM by Art. 69, approved 6-30-2003]
The purpose of this chapter is to protect the
beaches of Nantucket by controlling the use and operation of motor
vehicles thereon as well as to regulate commercial activities on the
beaches of Nantucket, as such uses, are deemed to have a significant
effect on wetlands values, including but not limited to flood control,
erosion control, storm damage prevention, fisheries, shellfish, wildlife
and recreation; on beach scenic views; on excessive noise; on the
natural, scenic, historic and aesthetic qualities of the beach environment
on Nantucket; on the public safety and welfare; and on the preservation
of peace and good order. Such protection is extended to private as
well as public beaches as a correlate to owners giving express or
implied consent to the use of beach area for commercial use and/or
operation of motor vehicles thereon.
In this chapter, the following terms, unless
a contrary meaning is required by the context or as specifically prescribed,
shall have the following meanings:
All land situated between Nantucket Sound and the Atlantic
Ocean, on one side, and the primary coastal bank, the line of upland
vegetation, on the other side, except that such term shall include
all dunes, whether or not between such perimeters.
Refers to any activity or event where money is paid to an
individual or business entity for services rendered on the beach.
Not included in this definition is any commercial activity sponsored
by the Town of Nantucket, the Nantucket Islands Land Bank, the Commonwealth
of Massachusetts or the United States, and any instrumentality thereof.
[Added 4-30-2003 ATM by Art. 69, approved 6-30-2003]
All land vehicle machines or devices which include an internal
combustion engine or other mechanical nonhuman source of power.
Any motor vehicle designed or modified for use over unimproved
terrain. Such recreation vehicles are sometimes referred to as "off-road
vehicles" (ORV) or "all-terrain vehicles" (ATV). Recreation vehicles
excluded from the scope of MGL c. 90B are to the same extent excluded
from this definition.
[Added 5-17-1988 ATM by Art. 108, approved
9-28-1988]
[Amended 5-5-1992 ATM by Art. 68, approved
5-28-1992; 5-4-1993 ATM by Art. 51, approved 5-24-1993; 4-30-2003 ATM by Art.
69, approved 6-30-2003; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
After due notice, the Select Board may promulgate
rules and regulations relating to the use and operation of motor vehicles
on Nantucket beaches and to regulate commercial activities on the
beaches of Nantucket, to effectuate the purposes of this chapter.
Failure by the Board to promulgate such rules and regulations or a
legal declaration of their invalidity by a court of law shall not
act to suspend or invalidate the effect of this chapter. Such rules
and regulations relating to the use and operation of motor vehicles
on Nantucket beaches shall be specifically detailed in materials given
to purchasers of Town beach stickers when application is made for
the sticker. Such rules and regulations relating to the permitting
of commercial activity on Nantucket beaches shall be made available
to applicants for commercial activity permits.
[Amended 5-17-1988 ATM by Art. 108, approved
9-28-1988; 5-4-1993 ATM by Art. 51, approved 5-24-1993]
A.
This chapter shall not apply to any law enforcement,
fire/rescue or official vehicle of the Town or Commonwealth of Massachusetts
or any other vehicle engaged in any bona fide emergency response.
B.
This chapter shall not apply to electric wheelchairs
or other disability-related mobility aids.
[Added 4-12-1994 ATM by Art. 71, approved
4-29-1994]
[Amended 5-5-1992 ATM by Art. 68, approved
5-28-1992; 5-4-1993 ATM by Art. 51, approved 5-24-1993; 4-30-2003 ATM by Art. 69, approved 6-30-2003]
A.
Whoever operates or allows to be operated a vehicle,
which is in violation of this chapter or who violates any other section
or provision of this chapter shall be punishable by a fine of $300
for the first violation. Each day during which a violation occurs
shall constitute a separate offense. Subsequent violations may result
in revocation of a Town beach sticker, subject to the right of the
offender to an appeal to the Select Board.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
B.
Any police officer or Town beach monitor or beach
manager is designated as enforcing persons who may utilize the noncriminal
disposition specified in MGL c. 40, § 21D.
[Added 5-17-1988 ATM by Art. 108, approved
9-28-1988; amended 5-5-1992 ATM by Art. 68, approved 5-28-1992; 5-4-1993
ATM by Art. 51, approved 5-24-1993]
A.
No person shall operate or allow to be operated upon
any beach any two-, three- or four-wheeled unregistered recreational
vehicle without the expressed written permission of the property owner.
[Amended 4-30-2003 ATM by Art. 69, approved 6-30-2003]
B.
No person shall operate or allow to be operated upon any beach any vehicle which is in violation of § 56-3 or the rules and regulations promulgated under the authority granted to the Select Board herein.
[Amended 4-30-2003 ATM by Art. 69, approved 6-30-2003; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
C.
No person shall operate or allow to be operated upon
any beach any vehicle which is in violation of any law, rule or regulation
relevant to the safe operation of said vehicle.
D.
No person shall operate or allow to be operated upon
any beach any vehicle which does not have a beach vehicle sticker
issued and displayed in accordance with this chapter.
[Added 5-5-1992 ATM by Art. 68, approved
5-28-1992]
A.
Beach vehicle stickers shall be issued, upon payment
of a fee to be set by the Select Board, to owners, lessees or lessors
of four-wheel-drive motor vehicles having a valid motor vehicle registration.
The applicant for said sticker shall complete and sign an application
and provide such information as may be required, including proof of
motor vehicle liability insurance. Such applicant shall also be required
to indemnify and hold harmless the Town of Nantucket and any other
property owner upon whose property such applicant operates a Motor
Vehicle as a condition of receiving a Town beach sticker. The issued
sticker shall remain the property of the Town and may be forfeited
upon any violation of this chapter. All funds generated from the sale
of Town beach stickers shall be deposited in a separate revolving
account pursuant to MGL c. 44, § 53E 1/2, and used solely
for the implementation and enforcement of this chapter and the cleaning,
protection and conservation of beaches, maintenance of public access
to beaches, the hiring and training of coastal resource personnel,
purchase of equipment, education and training opportunities for beach
users to be administered by the Select Board, and total funds to be
expended shall not exceed collected revenue.
[Amended 5-4-1993 ATM by Art. 51, approved
5-24-1993; 4-10-1995 ATM by Art. 65, approved 7-31-1995; 4-30-2003 ATM by Art. 69, approved 6-30-2003; 4-12-2004 ATM by Art.
46, approved 9-3-2004; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
B.
The beach vehicle stickers, issued in pairs, shall
be affixed on or near the front and rear bumpers of the vehicle. The
sticker-issuing officer shall mark each sticker with the vehicle's
registration or license plate number and the date issued. Stickers
shall have a distinctive color for the calendar year of issue.
C.
Each pair of beach vehicle stickers shall bear a unique
set of identifying letters or numbers and shall be kept affixed to
the vehicle during its operation on a beach so that they are clearly
legible in daylight. Stickers not properly displayed shall be invalid.
[Amended 4-30-2003 ATM by Art. 69, approved 6-30-2003]
D.
Beach vehicle stickers are a privilege, conferring
no property interest or other right, and may be revoked at any time
by written notice or physical removal without due-process hearing.
Beach vehicle stickers issued for a given vehicle are not valid if
transferred to another vehicle. Absent a violation, they shall be
valid for the calendar year of issue.
[Amended 5-4-1993 ATM by Art. 51, approved
5-24-1993]
E.
The Select Board shall determine the fee for beach
vehicle stickers. The sticker fee shall be established to provide
sufficient funds to cover budgeted expenses for beach management,
including but not limited to purchase of materials, construction and
maintenance of fencing, police patrol expenses and hiring of employees.
The sticker fee for the lessors of four-wheel-drive rental vehicles
shall be not more than five times the amount of the established sticker
fee, and the replacement cost of any revoked sticker shall be not
more than 10 times the established fee. The collected fees shall be
placed in a separate account and disbursed for the purposes designated
by this chapter. Budget development shall be overseen by Town Administration.
[Amended 5-4-1993 ATM by Art. 51, approved
5-24-1993; 4-10-1995 ATM by Art. 66, approved 7-31-1995; 4-30-2003 ATM by Art. 69, approved 6-30-2003; 6-25-2020 ATM by Art. 70, approved 10-27-2020]
F.
[1]The Select Board may waive any provision of this chapter
for good cause shown and may appoint an administrative hearing officer
to hear any request or complaint of a person aggrieved by any provisions
of this chapter or by an action taken hereunder.
[Amended 6-25-2020 ATM by Art. 70, approved 10-27-2020]
[Added 5-5-1992 ATM by Art. 68, approved
5-28-1992]
A.
All operators of motor vehicles displaying beach vehicle
stickers shall be notified, in writing, of the provisions of this
chapter and of state laws and regulations applicable to motor vehicle
use on beaches, public or private.
B.
The Town Administrator shall, prior to June 1 of each
year, prepare and distribute for persons holding or obtaining beach
vehicle stickers an annual map showing ways properly open for motor
vehicles access to Nantucket beaches and any time or other limits
upon beach access established under this chapter or other Town bylaw
or by state law or regulation.
[Amended 4-30-2003 ATM by Art. 69, approved 6-30-2003]
C.
A copy of the current map and notice shall be in the
vehicle and available to the operator during every such use.[1]
[1]
Editor's Note: Former § 56-9, Promulgation
of rules and regulations, added 4-10-1995 ATM by Art. 66, approved
7-31-1995, which immediately followed this subsection, was repealed
4-30-2003 ATM by Art. 69, approved 6-30-2003.
