Section 46
Voted April 10, 1979, Article 10
Amended October 7, 1982, Article 7; Approved by the Attorney General January 11, 1983
Amended May 6&7, 1986, Article 18; Approved by the Attorney General June 20, 1986; Posted July 1, 1986
No person, business or corporation shall engage in the business of renting, leasing or keeping for rent or lease any motor vehicles, motorcycles, motor scooters or mopeds (motorized bicycles) without first being licensed by the Board of Selectmen.
No such license shall be issued unless a majority of the Board of Selectmen are satisfied after an investigation of all facts that the applicant has a place of business suitable for such a purpose.
Application for a license under this by-law shall be filed with the Board of Selectmen and contain any and all such information as they in their sole discretion require.
Each application shall be accompanied by a non-refundable application fee, as established by the Board of Selectmen. If an application is approved, by the Board of Selectmen, the applicant upon payment of an additional fee, as established by the Board of Selectmen shall be granted a license which shall be renewable annually on April 1st of each consecutive year. The annual fee for renewal thereof shall be established by the Board of Selectmen. The Board of Selectmen shall issue a license to each approved applicant which shall be posted in a conspicuous manner at the place of business.
Licenses shall not be transferable and licenses not used during one year's time shall be null and void.
The Board of Selectmen may adopt and prescribe such rules and regulations which it deems to be in the best interest of public need, safety and good order, in licensing any business under this by-law.
Whoever violates the provisions of this bylaw or the rules and regulations adopted by the Board of Selectmen and it is the first violation of the preceding twelve (12) months, the Selectmen may impose a suspension of the agency license for any period of time up to one (1) week and in addition to or in substitution therefor, may impose a Fifty Dollar ($50.00) fine. For any second finding of any violation of any regulation within the preceding twelve (12) months of the agency, the Selectmen may impose a suspension of the agency license for any period of time up to two (2) weeks and in addition to or in substitution therefor, may impose a One Hundred Dollar,($100.00) fine. For any third finding of any violation of any regulation within the preceding twelve (12) months of the agency, the Selectmen may impose a suspension of the
agency license for any period of time up to four (4) weeks and in addition to or in substitution therefor, may impose a Two Hundred Dollar, ($200.00) fine. For any fourth finding of any violation of any regulation within the preceding twelve (12) months of the agency, the Selectmen may impose a revocation of the agency license for the balance of the licensing period.
Motor Vehicles on Beaches
Voted September 6, 1979, Article IX: Approved by the Attorney General December 10, 1979: Repealed April 8, 1980, Article 10
Voted April 8, 1980, Article 10: Approved by the Attorney General July 15, 1980
1. All motorized vehicles, including but not necessarily limited to, all dune buggies, motorcycles, mini bikes, mopeds, snow mobiles, terrain vehicles, ground effect or air cushioned vehicles of every name, nature, and description are prohibited from operating on, over and across all flats, beaches, dunes, and marshes within the Town of Tisbury.
2.. This by-law shall not apply to Town, County, State, or Federal vehicles operated by authorized personnel acting in an official capacity.
3. Whoever violates the provision of this by-law shall be subject to a fine in an amount not to exceed $200.00.
Underground Storage of Hazardous Substances
Voted April 8, 1980, Article 11; Approved by the Attorney General July 15, 1980
Section 1. Purpose -
The following regulations are hereby adopted under Mass General Laws, Chapter 40, Section 21 for the purpose of protecting the Town's coastal, ground, and surface waters from contamination from leaking underground storage tanks or vessels containing liquid fuel or other hazardous substances.
Section 2. Definition -
Hazardous substance: Any element, compound or mixture which is known to be dangerous, or noxious, whether by contact, ingestion, inhalation, or absorption. The term includes, but is not limited to, petroleum and petroleum products.
Section 3. Existing Underground Storage Tanks -
The Board of Health and the Conservation Commission, shall, following a public hearing, adopt rules and regulations for the inspection of underground storage tanks and for testing, when necessary, to determine if liquids are escaping into the soil or water and creating a public hazard. These regulations shall be adopted by each of these two boards for those areas within its own jurisdiction, and these shall be coordinated with each other and with regulations of the Fire Department, Building Inspector or other appropriate town agencies.
The necessity for or frequency of such inspections shall be determined on the basis of the expected lifespan of each tank, the type of material being stored, proximity to water supply, and/or indications that leakage may have occurred.
Section 4. New Installations -
All underground storage vessels or tanks shall be certified by the manufacturer as to design suitability, components, conformity to design and testing. Storage vessels or tanks which have been used or damaged shall not be installed unless a registered professional engineer, or the manufacturer, certifies suitability, including repair, if any.
For storage vessels or tanks with more than 2,000 gallon capacity each, or in aggregate per system, a registered professional engineer shall furnish a plan fully descriptive of the entire system design including, but not limited to, all components, appurtenances, supports, vaults, accesses, vents, surface locating measurements, monitoring stations and installation specifications. A registered professional engineer shall have overall supervisory responsibility for the installation of the entire system.
If in a particular case the Town finds it necessary, it may retain a professional engineer whose services will be reimbursed to the Town by the applicant.
Underground storage vessels or tank installations shall be inspected and accepted by an Inspector designated by the Town of Tisbury, or the Commonwealth of Massachusetts, prior to back filling or covering any component of the system.
Guidelines and regulations shall be adopted, following a public hearing, by the Board of Health and by the Conservation Commission, regarding installations within the jurisdiction of each. Application of these regulations shall be based on such factors as size of tank, proximity to water supply, and the type of material being stored.
Section 5. Discontinued Use of Leaking Tanks -
No tank used for the storage of liquid fuel or other hazardous substances, whether located above or below ground, shall be continued in use if it is determined that such materials are leaking into the soil or groundwater. Any leaking tank shall be emptied within 24 hours of detection or other action taken as determined by the Board of Health, Conservation Commission and/or the Fire Chief to abate the condition. The product shall be removed and disposed of as directed by the Board of Health, in consultation with the Fire Chief or other appropriate official.
Section 6. Penalty -
Whoever violates any provision of this by-law shall be subject to a fine of not more than two hundred dollars ($200.00). Each day that the violation continues to exist will be considered a separate offense.
Waterways
Voted March 3-4, 1970, Article 39; Repealed April 8, 1980, Article 13
Voted April 8, 1980, Article 13 & 14; Approved by the Attorney General July 15, 1980; Amended May 8, 1981, Article 10; Approved by the Attorney General August 10, 1981; Revoked May 7-8, 1991, Article 65
Voted May 7-8, 1991, Article 65; Approved by the Attorney general September 3, 1991; Posted September 6, 1991
(1) General
(1.1) The Board of Selectmen may establish rules and regulations addressing waterways subjects including, but not limited to, speed limits, no wake zones, permissible noise levels, mooring areas, seaplane landing areas, and pollution prevention.
(1.2) In addition to all requirements of federal and state laws, in Tisbury waters
- no diving operations shall be undertaken in any designated channel or in the "Head of the Harbor" area of Vineyard Haven Harbor without the express authorization of the Harbormaster;
- no vessels except an emergency vessel shall exceed the speed limits adopted by the Board of Selectmen or their designees and properly published and posted; in all areas and at all times every vessel shall be operated at a reasonable and judicious speed, with particular regard to conditions and visibility, density of other vessels and shorefront installations subject to wake damage;
- no seaplane shall operate in violation of rules and regulations duly adopted by the Board of Selectmen or their designees;
- no vessel shall berth at any facility nor raft with another vessel if not equipped with the fire-fighting apparatus prescribed by State and Federal law for the same vessel if underway.
(2) Moorings
(2.1) The Harbormaster's authorization is required before installation, relocation, or removal of any mooring.
(2.2) The Harbormaster may prescribe standards of adequacy for mooring tackle.
(2.3) The Harbormaster may establish schedules for inspections of mooring tackle.
(2.4) Installation and use of any mooring shall require an annual permit issued by the Harbormaster. The Board of Selectmen may establish a fee schedule for annual mooring permits, rules and regulations, and policies addressing moorings and mooring permits.
(2.5) The Board of Selectmen shall establish a fee schedule and rules, regulations, and policies concerning allocation, use and renting or leasing of Town-owned moorings.
(3) Town Docks
(3.1) The Board of Selectmen may establish a fee schedule and rules, regulations, and policies concerning the use of Town-owned piers and docks.
(4) Administration and Enforcement
(4.1) Whoever violates any provisions of this By-law or regulations duly adopted under this By-law shall be subject to a fine of not more than Two Hundred Dollars ($200) for each offense.
(4.2) The Board of Selectmen and their designees, including the Harbormaster and Coastal and Marine Warden, shall administer and enforce the provisions of this By-law.
(4.3) No regulation or policy proposed under the provisions of this By-law shall be adopted until after a public hearing. Notice of the time and place of such public hearing, of its subject and purpose, and of a location where relevant materials may be examined prior to the hearing shall be published in a newspaper of general circulation once in each of two successive weeks, the first publication to be not less than fourteen days prior to the hearing, and also by posting the same notice in a conspicuous place in the Town Hall for a period of not less than fourteen days before the hearing. Following the public hearing the cognizant board shall adopt or reject proposed policies or regulations by a recorded roll call vote. Regulations or policies so adopted shall not become effective prior to any required State agency approval
and subsequent publication in a newspaper of general circulation. Such publication shall either contain the full text or describe the subject matter sufficiently for identification and specify the place where the full text is available for inspection.
Provided however that this by-law and the repeal of the present Section 56 shall not take effect until approval of this by-law by the Director of the Division of Law Enforcement of the Department of Fisheries, Wildlife and Environmental Law Enforcement and the Attorney General, if needed, is obtained.
Bicycles
Voted March 3, 1970, Article 40; Rescinded May 6, 1980, Article 28
Voted May 6, 1980, Article 28; Approved by the Attorney General August 11, 1980
Adopt the provisions of Chapter 85, Section 11B of the Massachusetts General Laws which regulates the operations of bicycles.
Bicycle Fines
Voted October 22-23, 1991, Article 26; Approved by the Attorney General March 6, 1992; Posted March 13, 1992
Bicycle Regulations; Fines
Bicycles in the Town shall be equipped and operated in accordance with Massachusetts General Laws, Chapter 85. For violations committed by persons 18 years old or older, the fine shall be Twenty Dollars ($20.00) per violation. For violations committed by persons under the age of 18 years, the fine shall be Ten Dollars ($10.00) per violation.
Skateboards etc.
Voted May 6, 1980, Article 29; Approved by the Attorney General August 11, 1980
No person shall use roller skates or skateboards on the following sidewalks or streets in the Town of Tisbury - Main Street, from State Road to Owen Park; Church Street, between Main and William Streets; Union Street; Center Street, between Main and William Streets; Spring Street, from Main to William Street; Water Street, and the Oak Grove Cemetery.
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