[HISTORY: Adopted by the Annual Town Meeting of the Town of Nantucket 4-30-2003
by Art. 68, approved 6-30-2003. Amendments noted where
applicable.]
The purpose of this chapter is to protect the beaches, coastal areas
and other open unimproved spaces of Nantucket by regulating activities within
or upon these areas by persons whose activities are deemed to have a significant
effect on the environment, including but not limited to wildlife and recreation;
on scenic views; on excessive noise; on the natural, scenic, historic and
aesthetic qualities of the beach environment or other open spaces 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 to public open space
areas as a correlate to owners giving express or implied consent to the use
of their private property for any lawful purpose 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:
- COASTAL AREA
- Refers to all unimproved 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.
- NIGHT TIME
- The hours from 8:00 p.m. to 5:00 a.m.
- OPEN UNIMPROVED SPACE
- An area of land not within a coastal area that is undeveloped. Open space contiguous to a dwelling house that would be considered a yard is not included
- POLICE OFFICER
- Any police officer of the Town, State Police Officer, Environmental Police Officer, Sheriff or Deputy Sheriff of Nantucket County.
No group of persons of 10 or more shall congregate or assemble in the
night-time within or upon any coastal area or open unimproved space without
the express written permission of the property owner while engaged in any
of the following activities:
A.
Possession of any alcoholic beverages whether on their
person or within or under their control.
B.
Starting, assembling, maintaining or being in proximity
to: any open fire, fire pit, charcoal fire, or any other configuration of
materials so placed as to provide for a fire whether or not the fire has actually
been started or not.
C.
Operation of any mechanical device designed to generate
electricity.
D.
Operation of any sound producing or sound amplification
equipment.
It shall be deemed a breach of the peace and it shall be the duty of any police officer to order any person or persons so acting as to violate the provisions of this chapter to cease any prohibited activities which are specified herein and if the person or persons so ordered do not forthwith obey, to remove such person or persons or to arrest and/or cause such person or persons to be brought before the Trial Court of the Commonwealth District Court, Nantucket Division, upon a complaint made for a violation of the provisions of § 66-3. Violators may be fined $100.
The provisions of this chapter are severable and, if any of these sections
are held unconstitutional or otherwise invalid by any court of competent jurisdiction,
the decision of such court shall not affect or impair any of the remaining
sections.
