[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.]
A.
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.
B.
In order
to promote equality for all persons, any person shall be allowed to
be topless on any public or private beach within the Town of Nantucket.
[Added 5-2-2022 ATM by Art. 71, approved 12-6-2022]
In this chapter, the following terms, unless
a contrary meaning is required by the context or as specifically prescribed,
shall have the following meanings:
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.
The hours from 8:00 p.m. to 5:00 a.m.
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
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.