By-Laws of Tisbury

(Updated though 2004 Annual Town Meeting)

Section 1 through Section 24 by-Laws were adopted by the Town of Tisbury at there Annual Town Meeting, March 7th 1883.

Approved, with the exception of Section XV, by the Dukes County Superior Court, May Term, 1883, Samuel Keniston, Clerk

Streets not to be encumbered.

Section I

No bale, barrel, box, bundle, cask package of Merchandise, or any commodity, No boards, timber, brick, or stone, No canage or article of furnature, nor any implement, or things whatever Shall be placed or suffered to remain in any street, highway or public place of the town, for more than three hours at any time, or more than one hour after notice given by any one of the selectmen to remove the same, under the penalty herein after provided to be recorded of the owner or owners of the property so placed, or of the person or persons so placing it, or by whose orders it may be so placed or suffered to remain. Provided, that nothing herein contained Shall extend to any goods, wares or Merchandise placed in any street or public place for the purpose of being sold at auction, for a reasonable time previous to, and during such sale.

Regulations where Buildings are to be erected or repaired.

Section II

When any building is to be erected, or repaired on land abutting on any street, highway, lane or public place of this Town and the person or persons doing or causing the same to be done, Shall require the Exclusive use of a part of such street, highway, or public place for the deposit of materials, for such building, or repairing, or of the rubbish occasioned thereby, he or they, shall make application to the select-men, who shall thereupon set off and allot such part of said street, highway or public place, as they in their discretion may think nessacery and sufficient for the purpose, and no part of such street or other public place shall be used for the deposit of such materials or rubbish other than the part so set off and allowed and all rubbish and residue of material, Shall be removed at the Expense of the person, or persons, so building or repairing within such convenience as the selectmen may direct.

Provided nevertheless that no part of any street, or other public place, shall be set off, or alloted, for a longer time than thirty days on any one application.

Regulations for Moving Buildings

Section III

No buildings shall be moved through any street, highway or any public place of the town, in such manner as to obstruct the safe and commodious passage of carriages and teams through the same, Without consent first obtained of the selectmen. Nor shall such consent be given, unless it be made sattisfactory to appear that such removal can be affected without other damages to public or private property than such as can be promptly repaired and such repairs, shall be made by and at the cost of the person or persons ordering or undertaking such removal.

Steps, Windows and Platforms[MAM1]

Section IV

No person or persons, shall project any steps in front of his or her house or other building, or lots of land, into any street, or public place of the Town. Nor suffer any steps, windows, or other projections, now constructed to so remain beyond a reasonable time nessacerry for their removal, after notification by the Selectmen to remove the same. Nor Shall any person construct, raise or continue any cellardorr or platform above the surface of the sidewalk or highway, upon which it is placed, under the penalty for Either offence as herein after provided and to an additional penalty in the same ammount for Each and every week that said steps, wnidows, platforms, cellardoors or other projections shall be suffered to remain after an order for the removal thereof by the selectmen. No persons shall allow any gate or door in their fence, or building to open, or swing as to obstruct the way of footpassengers over the sidewalk or highway, under the penalty herein after provided for Each week that such abstructions shall remain after notice given by the select-men to remedy the same.

Litter

Section V

No person shall throw into the street or highway any rubbish of any kind or nature, that will tend to obstruct the free course of water in the conductors, or become offensive in smell.

Obstructing sidewalks

Section VI

No person shall stand upon any side-walk, or highway to fly a Kite, throw snow balls, play at ball, or other games, or engage in any amusement in any street, highway or public place of the Town, so as to obstruct or encommode persons passing over or through the same.

Driving horses

Section VII

No person shall drive a horse at a furious or immoderate gait through any street, highway or public place of this town, so as to Endanger or Expose to injury, any person standing, walking or riding in or on the same.

Noisy Assemblages of Boys

Section VIII

All noisy assemblages of Boys or other persons in the highway, street or public places of the Town, are hereby prohibited, All persons participating in any such assemblages or who shall by hooting, halloaing or other loud noises in any street, highway or public place of the Town, disturb the peace of the inhabitants thereof Shall be punished as herein after provided.

Disfiguring property

Section IX

No person shall intentionally disfigure or mutilate any fence, or any building in said town, Nor shall any person draw, or write there upon, or upon any sidewalk any obscene words or figures.

Sledding

Section X

No person shall ride upon any sled, or vehicle of any kind or description for coasting purposes alone, in any street, highway or sidewalk in said town.

Disorderly Behavior

Section XI

No person shall behave themselves in a rude or disorderly manner in or near any building while religious service is being held therein, Nor shall any one by unseemaly actions annoy those attending public lectures, or other place or places of public amusement in said Town.

Snow Removal

Section XII

The tenant, occupant, owner or agent of any building, or lot of land, bordering on any street where there is a sidewalk, shall within four hours after the ceasing to fall of snow thereon, if in the day time and if in the night, before Eleven o'clock in the forenoon succeeding cause the snow to be removed. In default thereof upon complaint made by the select-men, shall forfeit and pay a sum as herein after named.

Discharging firearms

Section XIII

No person, shall for practice or sport, discharge any gun, pistol or other fire arms, in or upon any street or highway, wharf or public place, or in any yard, garden field or enclosure in said Town.

Bathing

Section XIV

All persons bathing in waters over which the town has jurisdiction, Shall do so in such a way as not to offend the moral sense of the people thereof, or others. All persons intending to bathe a hereby required to undress and dress in a building or in some way shield themselves from public view while so doing and while bathing shall be reasonably and sufficiently clad for that purpose. All persons offending the conditions of this section Shall be liable to a fine herein after provided.

Children Shall Attend School

Section XVI

All children residing in this town between the ages of 7 and 15 years being without any regular and lawful occupation, and growing up in ignorance shall unless there be sufficient reason to the contrary be required to regularly attend a public or private school, or other suitable place of instruction.

Habitual Truants Fine

Section XVII

All persons failing to comply with the provisions of the foregoing section and all children belonging to any of the public schools who shall be habitual truants shall be liable to a fine of not more than five dollars upon each and every conviction of Either of the offences herein described.

Habitual Truants

Section XVIII

All persons between the age aforesaid belonging to any of the public schools of this town, who shall without sufficient Excuse therefor be absent from school three or more times during the current terms, shall for the purpose of the by-laws in this behalf, be deemed and taken to be habitual truants therefrom.

Commit to Almshouse

Section XIX

In the place of fines provided for in Section XVI The justice having jurisdiction thereof may commit the offender to the Almshouse in this town which is hereby assigned and provided as the institution house of reformation or other suitable situation named in the Statutes of the Commonwealth.

Truant Officers

Section XX

There shall be annually chosen three or more persons who shall be autherised in case of violation of these by-laws relating to truant children to make the complaint and carry into Execution the sentence thereon, who shall be known and denominated Truant Officers and who shall receive such compensation as the Selectmen may determine.

Control of Habitual Truants

Section XXI

All persons sentenced under Section XVIII shall be under the government and control of the boards of the Selectmen and overseers of the poor, who shall make suitable regulations for the instruction, employment, and general conduct of said offenders.

Fines

Section XXII

Whoever shall offend against any of the foregoing by-laws up to Section XV inclusive, or shall by the time thereof, be liable for any violation thereof Shall forfeit and pay a sum not to excede twenty dollars.

Liability for Cost of Prosecution

Section XXIII

In all cases where a penalty shall be encurred by any person or persons for a violations of these by-laws, such person or persons shall be further liable for the cost of prosecution for the same.

Penalties to Town Treasurer

Section XXIV

All penalties that may be recovered for violations of the foregoing by-laws, shall be paid to the Town Treasurer and placed by him to the account of the fund for incidental expences of the town.

Annual Town Report

Section XXV

Voted June 1, 1934, Article 5; Approved by the Attorney General July 27, 1934;

Amended April 10, 1979, Article 2

The annual town report required by law (General Laws, Chapter 40, Section 49) shall be printed and distributed to the voters of the town seven days at least before the first Tuesday in May.

Annual Town Meeting

Section XXVI

Voted June 1, 1934, Article 5; Approved by the Attorney General July 27, 1934; Amended April 2, 1973, Article 2

Voted April 2, 1973, Article 2; Repealed April 10, 1979, Article 4

Voted April 10, 1979, Article 4; Rescinded December 17, 1985, Article 24

Voted December 17, 1985, Article 24; Approved by the Attorney General February 14, 1986; Posted February 20, 1986; Amended June 2-3, 1987, Article 57

Voted June 2-3, 1987, Article 57; Approved by the Attorney General September 21, 1987; Posted September 23, 1987; Amended May 7-8, 1991, Article 68

Voted May 7-8, 1991, Article 68; Approved by the Attorney General September 3, 1991; Posted September 6, 1991; Amended April 13,20 &26, 1993, Article 50

Voted April 13, 20 & 26, 1993, Article 50; Approved by the Attorney General July 16, 1993; Posted July 22, 1993

Amended April 25, 1995, Article 65; Approved by the Attorney General August 21, 1995;

Posted August 24, 1995

Amended December 11, 2002, Article 4; Approved by the Attorney General March 25, 2002; Posted May 30, 2002.

Annual Town Meeting
Section XXVI

1. Through 2002, the Annual Town Meeting for the transaction of all business in the Warrant shall be held on the fourth Tuesday in April at seven-thirty o’clock in the evening. Beginning in 2003, the Annual Town Meeting shall be held on the first Tuesday in April at seven-thirty o’clock in the evening.

2. Effective for the 1996 elections, the Annual Town Meeting for the Election of Officers and the vote on any questions appearing on the official ballot shall be held on the Tuesday 14 days after the opening of the Annual Town Meeting, and the polls shall be open a minimum of eight hours from 12:00 noon until 8:00 p.m.

3. The Board of Selectmen, by acting prior to September 30^th in any year, may designate another Tuesday in March or April of the following year for holding the Annual Town Meeting.

4. Reports from the Town Boards, Commissions, Committees, and Officials for the previous calendar year shall be due at the Office of the Board of Selectmen 90 days before the Annual Town Meeting for publication in the Annual Town Report.

Order of Articles at Town Meeting

Section 27

Voted June 1, 1934, Article 5; Approved by the Attorney General June 27, 1934;

Deleted May 7-8, 1991, Article 69

Voted May 7-8, 1991, Article 69 to add the following new Bylaw:

Section ____

Order in Which Warrant Articles Are Taken Up At Town Meetings.

1. Before each Town Meeting the Town Clerk shall prepare lots or counters so that the number of each Article in the Warrant for the Meeting is on a separate lot, and all the lots shall be placed in a container. The lots and container shall be designed so that when a lot is drawn from the container, no one will be able to foretell the number that will be selected.

2. All Articles in the Warrant for a Town Meeting shall be taken up by lot, at random. The Moderator for a Town Meeting shall draw one lot at a time, declare the number the Article indicated thereon, and not draw another lot until the Meeting has disposed of that Article.

3. EXCEPTIONS

A. As the first order of business at a Town Meeting, the Board of Selectmen may present a Consent Calendar of Articles to be acted upon in groups, through common motions, without explanation or discussion. The Meeting may add Articles to the Consent Calendar or, if explanation or discussion is desired, delete Articles therefrom. All motions regarding the Consent Calendar shall re-quire a two-thirds majority vote for passage.

B. At any time during a Town Meeting when no Article has been taken up and no motion is under discussion, a voter may move to take up a particular Article out of order. Whether such motion relates to an Article that has not yet been taken up or an Article that has already been disposed of, it shall require a two-thirds majority vote for passage.

C. Once an Article has been taken up, if a motion is properly made to postpone consideration of it to another time within the same Town Meeting, such motion shall require a two-thirds majority vote for passage.

D. If the Board of Selectmen determines that two or Articles are related in such a way that one of them must be acted upon before another, the Town Clerk shall prepare ne lot for all the related Articles so that it shows the order in which they should be considered. When the Moderator draws a lot for such related Articles, he or she shall declare their numbers, and they shall be taken up in that order before another lot is drawn.

4. The official record of each Town Meeting shall report the Articles in the order as printed in the Warrant. In addition to reporting the final action voted on each Article, the record shall show the date and time of the vote.

Reconsideration

Section 28

Voted June 1, 1934, Article 5; Approved by the Attorney General July 27, 1934. Amended March 25, 2003, approved by the Attorney General on May 5, 2003 and posted in five public places on May 12, 2003.

The Town meeting may reconsider any action taken by the meeting on any Article on the warrant upon a motion to reconsider and passed by a two-thirds majority of those voting.

Quorum

Section 30

Voted February 13, 1940, Article 23; Approved by the Attorney General April 8, 1940

By-law. One hundred voters shall be necessary to constitute a quorum at town meetings; provided that a number less than a quorum may from time to time adjourn the meeting. This by-law shall not apply to such parts of town meetings as are devoted exclusively to the election of town officers.

Code of Ethics and Conduct

Voted April 23, 24, 25, 1996, Article 23; Approved by the Attorney General July 22, 1996; Posted July 29, 1996

1. All of us are more important than any of us. All officials and employees are officials and employees first of the Town of Tisbury, and are to be respected, and to respect each other, as such.

2. The interests of the Town are served in various, mutually supportive ways by its various boards, committees, and commissions.

3. All officials and employees will, therefore, seek to understand the overall structure of Tisbury town government, including the relationship between elements of government and the importance and value of clear communication and cooperation where responsibilities do, may, or might overlap.

4. Newly elected or appointed officials are also expected to understand their body’s Mission Statement, which spells out in specific language the governmental function and responsibilities of their particular unit of Tisbury town government.

5. Town officials and employees individually and collectively represent the Town to the public whom they serve. Courtesy and good cheer are wonderfully effective instruments of government.

Note: In this regard, it is particularly important that agendas for meetings be made available as far in advance as practical, that decorum be preserved in the conduct of meetings (with issues in the fore and personal differences minimized), and that minutes be readily available to anyone interested.

6. Elected officials also serve specifically as leaders of the Town, responsible for understanding its needs, seeking solutions to its problems, and educating the people as to proposed or alternative ways to build for a better future. They have the responsibility to move toward Town goals.

Oath of Office for Elected and Appointed Officials

Voted April 23, 24, 25, 1996, Article 24; Approved by the Attorney General July 22, 1996; Posted July 29, 1996

“I solemnly swear, or affirm, to perform my duties as an official of the Town of Tisbury, serving on [whatever body], faithfully and to the best of my ability, subscribing to the laws of the United States Constitution, Massachusetts State Constitution, General laws of Massachusetts, the By-Laws of Tisbury, and the Code of Ethics and Conduct governing the actions of all Tisbury officials and employees.”

Finance Committee By-Law

Voted February 12, 1924, Article 20; Amended April 2, 1973, Article 4

Voted April 2, 1973, Article 4; Amended May 3-4, 1989, Article 79

Section 31

There shall be elected on the official ballot under the provisions of Chapter 41, Section 7 of the General Laws a committee of the Town under the provisions of Chapter 39, Section 16 of the General Laws called the Finance Committee which shall consist of fifteen members, five of whom shall be chosen by official ballot at the annual Town Election of 1974 to serve for three years and at each annual election thereafter there shall be elected on the official ballot five members to serve for three years, as the terms of the present members expire. It shall be the duty of said committee to consider, any or, all municipal questions for the purpose of making reports or recommendations thereon to the town. It shall complete its report or recommendations and deliver the same to the Selectmen of the town at least thirty days in each year before the date for the, annual town meeting. And the Selectmen shall have said report printed in the annual town report. The above committee shall serve without pay. No person shall be eligible for membership on such committee who holds any other elective or appointive office which directly deals with the expenditures of funds, and appropriations of the Town of Tisbury."

Amendment to Finance Committee Bylaw

Voted May 3-4, 1989, Article 79; Approved by the Attorney General July 24, 1989; Posted July 27, 1989; Amended March 2, 1992, Article 17

Acting on Article 79, it was moved, seconded and voted that the Town amend Section 31 of its Bylaws, effective July 1, 1989, by changing the name of the Finance Committee to the Finance and Advisory Committee, and by reducing the number of members of the Committee from fifteen to eleven and further providing: For the purpose of transition, commencing with the annual Town Election in May 1990, though five terms on the Finance and Advisory Committee will expire that year and in each of the succeeding two years, only four terms shall be filled by ballot in May 1990, four in May 1991, and three in May 1992, so that thereafter three or four three-year terms on the Finance and Advisory Committee shall expire each year.

Amendment to Finance Committee Bylaw

Voted March 3, 1992, Article 17; Approved by the Attorney General May 14, 1992; Posted May 21, 1992

Acting on Article 17, the Town voted to amend its By-Laws so as to increase the number of members of the Finance and Advisory Committee from eleven (11) to thirteen (13) by increasing from three (3) to five (5) the number of persons who may be elected to the Committee in 1992; provided that if this amendment is not approved by the Attorney General of the Commonwealth in time for two (2) additional positions to be on the Ballot on June 2, 1992, these positions shall be filled by appointment in the same manner as vacancies on the Committee would be filled; so that thereafter, in any event, four three year terms shall appear on the Ballot in 1993; four in 1994, and five in 1995.

Building Code By-Law

Voted February 11, 1941, Article 15

Amended April 23, 1996, Article 30; Approved by the Attorney General July 9, 1996; Posted July 15, 1996

Acting on Article 15, the meeting voted to accept the following Building Code By-Law:

Section 1. Sections 1 to 5 inclusive of this article shall be applied within that part of this town which is bounded and described as follows:

Beginning at the foot of Beach Street on the shore, running westerly on Beach Street and Main Street to Camp Street; thence northwesterly on Camp Street to William Street; thence easterly and northerly on William Street to Woodlawn Avenue; thence easterly on Woodlawn Avenue to Main Street; thence northerly on Main Street to Crocker Avenue; thence easterly on Crocker Avenue extended in a straight line to the harbor; thence southerly by the harbor to the place of beginning, including all buildings on both sides of the avenues and streets hereinbefore mentioned.

Section 2. Whenever one-third or more of the superficial area of a roof is replaced, the new roof covering shall be of non-combustible or fire resisting materials.

Section 3. The roofs of all new buildings and new roofs on buildings which shall be altered or repaired shall be covered with non-combustible or fire-resisting material.

Section 4. The side walls of all new buildings and the side walls of all buildings which are altered so as to permit access shall contain fire stops half way between the first and second floors and at ends of all floor joists where such joists have open ends.

Section 5. All new chimneys shall have flue linings. A space of at least one inch shall be left between all woodwork and the chimneys, these spaces around chimneys where they pass through floors to be stopped with metal or other fireproof materials smoketight.

Section 6. Whoever violates any of the provisions of Section 1 to 5 of the above By-Laws Relating to Prevention of Fires in Buildings, shall be punished by a fine not exceeding $100.00 for every violation thereof.

Section 7. It shall be the duty of the Chief of the Fire Department to see that all repairs, changes, alterations and construction within the purview of this Article are inspected and that all violations thereof are prosecuted.

Section 8. Any planned or intended construction of a detached temporary structure to be located in the Town of Tisbury shall be erected and utilized for a period of less than one hundred eighty days. The structure shall meet all of the requirements of the Town Zoning By-laws as they pertain to accessory structures. The permit for temporary structures shall be approved by the Building Inspector and shall have a fee of $25.00.

Board of Appeals

Voted February 14, 1956, Article 29

That the Town establish a Board of Appeals under General Laws Chapter 41, Section 81Z, with all the powers and duties therein, said Board of Appeals to consist of three members who shall be appointed by the Selectmen for terms of such length and so arranged that the term of one member shall expire each year.

Surplus Equipment

Voted February 14, 1956, Article 30. Amended April 29 &30, 1997, Article 46--approved by the AG on August 8, 1997 and posted August 21, 1997.

Every board or officer in charge of a department may, with the approval of the Selectmen and subject to written procedures established by the Selectmen, sell or otherwise dispose of surplus supplies or equipment having an estimated net value of less than five hundred dollars ($500.00). The Selectmen may adopt rules and regulations for the implementation of this bylaw.

Obstructing, Sleeping, Noise

Voted March 7, 1967, Article 33

1. No person shall obstruct a street, sidewalk or doorway so as to impede the free flow of pedestrian or vehicular traffic after having been ordered to remove his person or any object causing such obstruction by a Constable or Police Officer of the Town.

2. No person of persons shall be allowed to sleep in any town parks or in any buildings owned by the Town. No person shall be allowed to sleep on any beaches within the Town limits between the hours of 9:00 p.m. and 7:00 a.m. without permission of the owners thereof, or persons in lawful possession of said beaches.

3. No person or persons shall sleep in any motor vehicle parked upon any Way or in any place to which the public has a right of access within the Town.

4. It shall be unlawful for any person or persons being present in or about any building, dwelling, premises. shelter, boat or conveyance or part thereof, who shall cause or suffer or countenance any loud and unnecessary noises in the operation of any radio, phonograph or other mechanical sound making device, or instrument, or reproducing device or instrument, or in the playing of any band, orchestra, musician or group of musicians, or the making of loud outcries, exclamations or other loud or boisterous noises or loud and boisterous singing by any person or groups of persons, or in the use of any device to amplify the aforesaid noise, where the aforesaid noise is plainly audible at a distance of one-tenth of a mile from the building, dwelling, premises, shelter, boat or conveyance in which or from which it is produced. The fact that the noise is plainly audible at the distance of one-tenth of a mile from the premises from which it originates shall constitute Prima Facie evidence of a violation of this by-law. Any person shall be deemed in violation of this by-law who shall make, or aid, or cause, or suffer, or countenance, or Assist in making of the aforesaid and described loud unnecessary noises, (the following is in the original TM vote but not in printed copies compiled since) and the presence of any person or persons in or about the building, dwelling, premises, shelter, boat or conveyance or any part thereof during a violation of this by-law shall constitute Prima Facie evidence that they are a countenancer of such violation.

5. Any person violating any of the foregoing by-laws shall be liable to a fine not to exceed fifty dollars for each offense.

Section 35

By-Law Requiring Junk Dealers or Collectors to be Licensed

Voted May 6, 1968, Article 4

Amended October 7, 1982, Article 6 by adding the 2nd paragraph; Approved by the Attorney General January 11, 1983

No person shall be a collector of or dealer in junk, old metal, or second-hand articles or a keeper of a shop for the purchase, sale or barter of junk, old metals or second-hand articles unless licensed therefor.

"Whoever violates the provision of this by-law shall be subject to a fine in the amount of $50.00."

Council on Aging By-Law

Voted March 2-3, 1971, Article 44

Amended May 23, 1972, Article 2

Section 1. The Board of Selectmen shall appoint a Council on Aging for the purpose of co-ordinating or carrying out programs designed to meet the problems of the aging in co-operation with the programs of the Commission on Aging established under Chapter 6, Section 73 of the General Laws.

Section 2. The Board of Selectmen shall appoint the Council on Aging consisting of three or more members. Upon acceptance of this by-law, the Board shall appoint one member for three years, one member for two years, and one member for one year. Members can be re-appointed and shall serve without pay.

Section 3. Whenever a vacancy shall occur in the membership of the Council by reason of death, resignation, inability to act or for any other reason, the vacancy shall be filled by appointment by the Selectmen for the remainder of the term.

Section 4. The Council shall prepare and submit an annual report of its activities to the Town and shall send a copy thereof to the Commission on Aging.

Section 5. The Council may appoint such clerks and other employees as it may require.

Altering Structures

Voted March 3, 1971, Article 46

No structure in the Town of Tisbury shall be constructed erected, altered, enlarged or improved on the exterior or interior if the value of such alteration, construction, erection, enlargement, alteration or improvement exceeds the sum of Five Hundred ($500.00) Dollars; unless written notice of intention to undertake the same has been given to the Board of Assessors by the owner or owners of the property or the owners agent on which the same is to be undertaken. As used in this By-Law, the term "structure" shall mean a combination of materials assembled at a fixed location to give support or shelter, and shall include any building.

Any person violating any provision of this By-Law shall be punished by a fine not exceeding Fifty ($50.00) Dollars for each offense.

Camping

Voted May 18, 1971, Article 1

No person shall, between the hours of 8 p.m. and 8 a.m., set up on any property, public or private, without permission of the owner, agent or lessee thereof, a camp, a tent, or sleep in the open on any property, public or private within the limits of the Town of Tisbury. Any person violating any part of the foregoing by-law shall be liable to a fine not to exceed $50.00 for each offense.

Loitering

Voted May 18,1971, Article 2

No person shall saunter or loiter in a street in such manner as to obstruct travelers, but nothing in this section shall be construed to curtail, abridge or limit the right of opportunity of any person to exercise the right of peaceful persuasion guaranteed by Section 24 of Chapter 149 of the General Laws or to curtail, abridge or limit the intendment of any statute of the Commonwealth of Massachusetts. Any person violating any part of the foregoing by-law shall be liable to a fine not to exceed $50.00.

Peeping

Voted May 18, 1971, Article 3

No person shall enter upon the premises of another with the intention of peeping into the window of a house or other building or spying upon in any manner any person or persons within. Any person violating any part of the foregoing by-law shall be liable to a fine not to exceed $20.00.

Moving Buildings

Voted March 7, 1972, Article 25

By-Law

No building shall be moved from one location to another in the Town of Tisbury unless a license has been obtained from the Board of Selectmen. The Chief of Police, the Tree Warden, the Lighting and Telephone Companies, and the Road Commissioners shall be notified by the Board of Selectmen as to the date the building will be moved.

If any public shade trees, or parts thereof, are to be removed, the Tree Warden shall first post notices of a public hearing at least seven days before said hearing in two or more public places and upon each tree. In addition to this statute requirement, the owner of the tree to be cut or removed shall be notified in writing, at least seven days before the hearing.

No tree shall be cut until authority is granted the Tree Warden. If, at or before the hearing, objection in writing is made by one or more persons, then, approval must be given by the Road Commissioners.

The mover shall assume the responsibility for any damages that may result from moving a building.

Any person violating any part of the foregoing by-law shall be liable to a fine not to exceed Fifty ($50.00) Dollars.

Leash Law

Voted March 6, 1973, Article 24

Amended May 2,3,4, 1989, Article 70; Approved by the Attorney General July 24, 1989; Posted July 27, 1989

Amended March 29, 2005 Article 6; Approved by the Attorney General May 26, 2005;

Posted June 7, 2005

Dogs are to be leashed and restrained by the owner or keeper. No persons who owns or keeps a dog shall allow the animal to run free when not restricted to the premises of said owner or keeper. When off said premises, such dogs shall be leashed or restrained, except that dogs may be allowed to run free, but under the control of their owners, on such Town-owned property, as is designated as a dog park by the Board of Selectmen following an advertised public hearing to designate the property for such use.

Any person violating this Bylaw shall be subject to the fine schedule set out in Chapter 140, Section 173A, of the Massachusetts General Laws, as the same may be amended from time to time. Charges for boarding stray dogs shall be determined by the Board of Selectmen.

Dual Office Holding (BOS)

Voted March 6, 1973, Article 28

By-Law

1. No person elected Selectmen on or after January 1, 1974 shall hold any other elective Town Office during his term of office as Selectmen.

2. If a Selectman elected on or after January 1, 1974 holds any other Town elective office during his term of office as Selectman, the other Office (s) held by that person shall thereupon become vacant.

Open Container

Voted May 6,7, 1975, Article 22

It shall be unlawful for any person to possess, consume from and/or transport an open container of alcoholic beverages on public highways, in public parks or in public parking places, including vehicles thereon, or any property owned by the Town within the limits of the Town of Tisbury. Penalty for breach hereof shall be in an amount not in excess of $50.00.

Moped By-Law

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.

Peddlars and Hawkers

Voted February 9, 1981, Article 11; Approved by the Attorney General May 14, 1981

Amended October 7, 1982, Article 9; Approved by the Attorney General January 11, 1983

Section 53

To Peddlars and Hawkers: any person desiring to do business in the Town of Tisbury as a transient vendor, hawker, or peddlar or canteen food salesman from a mobile vending or peddling or peddling vehicle, or all as defined in Massachusetts General Laws, Chapter 101, Sections 1-30 as amended shall, after obtaining the necessary State license, appear before the Selectmen and after a hearing shall be subject to such rules, regulations, and restrictions including the designation of a specific location as the Board of Selectmen shall designate.

Whoever violates the provision of this by-law shall be subject to a fine in the amount of $50.00.

Non-criminal Disposition

Voted July 14, 1981, Article 5; Approved by the Attorney General October 19,1981

Amended October 24, 1989, Article 33: Approved by the Attorney General January 18, 1990; Posted January 24, 1990; Amended May 2,3,7,14 & June 5, 1990, Article 74

Voted May 2,3,7,14 & June 5, 1990, Article 74; Approved by the Attorney General September 5, 1990; Amended April 13,20 &26, 1993, Article 49

Voted April 13,20 &26, 1993, Article 49; Approved by the Attorney General July 16, 1993; Posted July 22, 1993; Amended October 22 & 23, 1991, Article 26

Voted October 22 & 23, 1991, Article 26; Approved by the Attorney General March 6, 1992; Posted March 13, 1992

Section 54

Non-criminal Disposition

Whoever violates any provision of these By-laws or of any Rule or Regulation of a Town Board, Commission, or Committee may be penalized by a non-criminal disposition as provided in Massachusetts General Laws, Chapter 40, Section 21D, if the violation is subject to a specific penalty.

Without limiting the generality of the foregoing, the following By-laws, Sections of By-laws, Rules and Regulations are included. The specific penalties listed here shall apply in such cases. In addition to Police Officers, who shall in all cases qualify as enforcing persons, the Town personnel shown for each citation shall also be the enforcing persons.

Each day on which any violation exists shall be deemed to be a separate offense. Where increased penalties are stated for repeated offenses, a violation shall be considered a first offense if the person has not violated the cited provision for a year.

And further, that the Town direct the Board of Health to adopt regulations pursuant to MGL c. 111 s. 31 and further, a schedule of fines for use in non-criminal dispositions pursuant to MGL c. 40 s. 21D.

Voted July 24, 1900. Amended April 23, 24, & 25, 1996 -- Article 21. Approved by the AG July 9, 1996 and posted July 15, 1996. Amended April 29 &30, 1997--Article 25. Approved by the AG August 8, 1997 and posted August 21, 1997.

CEMETERY RULES AND REGULATIONS

The Board of Public Works Commissioners has set forth the following rules and regulations for the ownership, use and care of burial sites in the Town’s cemeteries. The authority to do this is found in Chapter 114 of the Massachusetts General Laws.

The Commissioners have the right to layout Town owned cemeteries or land set aside for the use of Town owned cemeteries into lots, and shall set aside a suitable portion as a public burial place for the use of the inhabitants, free of charge. They may sell or convey to any person, resident or NonResident, the exclusive right of burial and of erecting tombs and cenotaphs upon any lot and of ornamenting the same, upon such terms and conditions as prescribed therein. The proceeds of such sales shall be paid into the Town treasuries, be kept separate from other funds, and be appropriated to reimburse the Town for the cost of the land, its care, improvement and embellishment, or the enlargement of the cemetery. Any exceptions to these regulations due to extraordinary circumstances must be applied for by letter to the Board of Public Works Commissioners who will review and approve or disapprove the request..

OWNERSHIP OF LOTS

1. The owner of a lot or grave is limited to interning human dead in that site. The owner also has a limited right to build a monument and plant flowers or shrubs. These limitations are outlined in other sections of these regulations.

2. When a lot is purchased, the owner will be given a deed. The deed will give the owner the rights to use that lot as set forth by the Commissioners. The deed may contain certain specific terms and conditions for use of this lot. Copies of lost deeds may be obtained by contacting the Public Works Office, located at 89 State Road, Vineyard Haven. One full size lot will measure 10 Ft long by 5 Ft Wide. One Cremation Lot will measure 4 Ft long by 4 Ft wide within the Oak Grove Cemetery and 2 Ft Square at the West Chop cemetery.

3. The Commissioners set the price of the lots. All lots must be paid for at the time of sale unless there are extenuating circumstances for which the Commissioners may offer a payment plan to the purchaser. No interments or improvements to a lot may be made by the purchaser of a lot until the lot has been paid for in full. A deed will not be issued to a purchaser until the lot has been paid for in full. The following rates are herein established:

Four Grave Full Sized Lots : Resident - $1200 NonResident - $1800

Two Grave Full Sized Lots: Resident - $ 600 NonResident - $ 950

Single Grave Full Sized Lot: Resident - $ 300 NonResident - $ 500

Cremation Lots: Resident - $ 150 NonResident - $ 250

All interments will be arranged by a private licensed Funeral Parlor who is responsible for notifying the Department of Public Works before any interment takes place.

4. The owner of a lot or lots may transfer ownership of that property by deed if such a transfer is approved by the Commissioners. The owner does not have the right to lease the property. No transfer of deed will be permitted which would involve the removal of human remains.

5. In the event of the death of the owner of the lot or grave, title shall pass or descend as provided by the Statutes of Massachusetts in force at that time. The Commissioners will require proof of the rights of ownership to such a grave or lot.

6. Reuse of an occupied grave will not be permitted except: upon the request and with the consent of a relative or descendant of the decedent occupying the grave, providing that no other descendant objects; to provide for the burial of a relative or descendant of the decedent occupying the grave; and if the remains of the decedent occupying the grave will remain in the grave.

7. The Town may take over the ownership of a grave in a cemetery provided that such grave has not been used for a period of fifty years and that ownership thereof cannot be ascertained. If such ownership is ascertained after such taking the Town shall pay the fair value of such grave at the time of the taking to the owner thereof.

8. The Town may take over the ownership of an unoccupied grave after a minimum of seventy five years has elapsed after the issuance of a license for the grave by the Town and that the Town cannot locate the owner or the owner’s successor in interest after a diligent search. If the ownership of the license is ascertained after such a taking occurs, then the Town shall pay the fair value of the license at the time of its taking to the owner.

9. The Town will not alienate or appropriate to any other use than that of a burial ground, any tract of land which has been for more than one hundred years used as a burial place; and no portion of such a burial ground shall be taken for public use without special authority from the general court. “Burial Place”, as referred to in this section, shall include unmarked burial grounds, known or suspected to contain the remains of one or more American Indian(s).

10. The Town may take charge of an abandoned or neglected burying ground and keep it in good order, but no property rights shall be violated and no body shall be disinterred.

CARE OF LOTS

1. The Commissioners are responsible to ensure the general maintenance and upkeep of the cemeteries and the lots within the cemeteries under “perpetual care”. Perpetual care means the cutting of grass of the grave or lot at reasonable intervals, raking and cleaning, reseeding or other work that may be necessary to keep the lot or lots in good condition uniformly throughout

the cemetery. This care does not include flower or plant maintenance or repairing or replacing of gravestones or other markers unless the Town owns the lot or grave except in the case of damage to stones, shrubs or trees due to acts of nature or vandalism which is included in perpetual care. Perpetual care moneys will be set aside in an account established therefore at a rate of 75% of the cost of the lot. The remaining fee will be transferred to the Town’s General Fund to cover the administrative costs of operating the cemetery.

2. The Commissioners may receive gifts or bequests for maintaining cemeteries or cemetery lots, which shall be paid into the Town treasury and, with the accounts thereof, shall be kept separate from the other money and accounts of the Town. The Town shall invest all such funds in accordance with the stipulations, if any, accompanying them; otherwise shall invest them as ordered by the Commissioners and pay the income therefrom upon their order or with their approval.

MONUMENTS AND OTHER STRUCTURES

1. Only one monument may be placed per lot. A foundation must be placed under each monument. That foundation and monument may only be placed by a professional which normally provides such a service in the community unless explicitly waived by the Commissioners. Markers may not be set to embrace two or more graves. All markers shall be flush with the ground. No wooden crosses shall be allowed.

2. The Town shall not be liable for damage to monuments or markers. Markers may be of granite, marble or bronze, but the use of limestone, sandstone, cast or cement stone and metals for monuments shall not be allowed. Monuments may be made of native boulders.

3. The owner of the lot has the right to plant flowers around a monument or marker, but does not have the right to plant trees, shrubs, nor other plants on the lot or erect a fence, curbing, hedge or any other landmark without the approval of the Commissioners. The Director of the Department of Public Works has the right to remove any shrub, hedge, root, branch, or flower may be deemed as detrimental to any other lot or lots and may have removed unsightly flowers, old vases and other containers that may be detrimental to the looks of the lot or the cemetery in general. the Town will not be held liable to any owner for the cost of such items.

4. No other structure but markers or monuments may be placed on a lot.

5. The following maximum sizes and may be used for monuments or markers:

6. Cremation Lots will measure 4 Ft x 4 Ft in the Oak Grove Cemetery. Only two foot by one foot markers may be placed on Cremation Lots flush with the ground at a location approved by the Director of the Department of Public Works and only one marker per lot is allowed. There may be up to four cremated remains interned per full size lot and only one marker per full sized lot allowed, and up to two remains interned per cremation lot.

USE OF LOTS

1. No undertaker or other person shall bury or otherwise dispose of a human body, or remove therefrom a human body which has not been buried, or exhume a human body and remove or transfer the body until they have received a permit from the Board of Health or its agent appointed to issue such permits. No such permit shall be issued until there shall have been delivered to such board, agent, or clerk, a satisfactory written statement containing the facts required by law to be returned and recorded, which shall be accompanied, in case of original interment, by a satisfactory certificate of the attending physician. If there is no attending physician, a physician who is a member of the Board of Health or one hired by it shall upon application make the certificate required of the attending physician. The Board of Health after receiving such a certificate will transmit it to the Department of Public Works for registration.

2. No permit for the burial of a deceased veteran, known to be such, shall be issued unless and until an affidavit shall have been filed with the Board of Health by the undertaker or other persons authorized to make such a burial or disposition. A certified copy of the affidavit will be transmitted by the Board of Health to the Veteran’s Grave Officer.

3. Upon the burial, removal, or cremation of a body, the Director of the Department of Public Works shall endorse the accompanying permit and shall make and preserve in the files of the cemetery a record of such a burial or interment.

GENERAL REGULATIONS

1. All persons walking through the cemeteries must keep on the pathways and not trespass on lots except for gaining access to their own lot. Parents must take full responsibility for their children and not permit them to stand on headstones.

2. Funeral processions may not be interrupted. Other than those attending, no person may be within 200 Ft of the interment ceremony.

3. Noise within the cemetery grounds will be kept to a minimum, except for those pieces of equipment necessary to maintain the grounds or excavate graves.

4. Cemeteries are open from sunrise to one half hour after sunset.

5. The speed limit for vehicles within the cemetery grounds is 5 MPH.

6. Funerals will not be allowed on Sundays, New Year’s Day, Memorial Day, Independence Day, Thanksgiving Day, Veteran’s Day, or Christmas Day.

7. All burial cases must be sectional concrete or monolithic containers.

8. No open flame will be allowed in the cemetery. Vigil lights must be approved by the Board of Public Works Commissioners

9. Although Dogs are allowed to be walked on the grounds of the Oak Grove Cemetery, Dog owners must clean up after their dogs and the owners must ensure that dogs do not trespass on any grave.

10. There will be a fifty dollar ($50) fine imposed against individuals found in violation of any of the general regulations.

Street Lights

Voted April 6, 1982, Article 6; Approved by the Attorney General July 13, 1982

Any individual who requests to have a street light installed at his own expense shall install one that is consistent with the lighting in the area.

Unregistered motorized vehicles

Voted April 6, 1982, Article 7; Approved by the Attorney General July 13, 1982

It shall unlawful within the Town of Tisbury

(a) For any person to operate any uninsured or unregistered motorcycle, motor vehicle or any other vehicle propelled by an internal combustion engine, except on private property with the written permission of the owner of said property, and excepting an employee of a public or quasi-public entity operating a maintenance vehicle of the public entity in its employment, or

(b) For any person without a valid operator's license in their possession to operate any motorcycle, motor vehicle or other vehicle propelled by an internal combustion engine on town property, or on any way, path, lane right-of-way to which the public has right of access or a power, water or other utility type easement or right-of-way; said motor vehicle operation shall not be a violation of this section, if it is by the property owner or by a person holding written permission from a person with legal authority to use said easement or from the property owner for that portion of the easement which is on his own property.

Yard Sales

Voted April 6, 1982, Article 8; Approved by the Attorney General July 13, 1982

"In order to protect those residents who have an occasional yard sale for the purpose of selling usable items which may otherwise be discarded (i.e. moving, housecleaning, etc.) and to assist the Police Department by informing them of areas of Town where and when there may be traffic problems and to provide for the general health and safety of the public:

It shall be unlawful in the Town of Tisbury to hold a yard sale, garage sale moving sale or other similar sale or personal property without obtaining a permit for a specific two-day period and a specific place of sale at least 10 days in advance from the Board of Selectmen.

No such sale shall continue nor property for sale be displayed for more than the two consecutive days noted on the permit.

No more than 3 such permits shall be issued for any one location or to any one person in a calendar year. Each family participating by selling its property at such a sale shall obtain a permit. Failure to comply with this by-law will result in a fine of not more than $20.00."

General Wetlands By-law

Voted October 7, 1982, Article 1; Approved by the Attorney General January 11, 1983;

Amended May 1,2,3,7,14, & June 5, 1990, Article 73

Voted May 1,2,3,7,14, & June 5, 1990, Article 73; Approved by the Attorney General September 5, 1990; Posted September 12, 1990; Amended April 1, 1986, Article 21

Voted April 1, 1986, Article 21; Approved by the Attorney General May 8, 1986; Posted May 28, 1986

SECTION I: APPLICATION

The purpose of this by-law is to protect the wetlands of the Town of Tisbury by controlling activities deemed to have a significant effect upon wetlands values, including but not limited to the following: public or private water supply, groundwater, flood control, erosion control, storm damage prevention, water pollution, fisheries, shellfish wildlife, and recreation (collectively, the "interests protected by this Bylaw").

No person shall remove, fill, dredge, alter, or build upon or within one hundred feet of any bank, fresh water wetland, coastal wetland, coastal wetland, beach, dune, flat, marsh, meadow, bog, swamp, or upon or within one hundred feet of lands bordering on ocean or upon or within one hundred feet of any estuary, creek, river, stream, pond or lake, or upon or within one hundred feet, of any land under said waters or upon or within one hundred feet of any land subject to tidal action, coastal storm flowage, flooding or inundation, or within one hundred feet of the 100-year storm line, without filing written application for a permit to so remove, fill, dredge, alter, or build upon, including such plans as may be necessary to describe such proposed activity and its effect upon the environment, and receiving and complying with a permit issued pursuant to this Bylaw.

The provisions of this section shall not apply to work performed in the course of maintaining, repairing or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, gas, water, telephone, telegraph or other telecommunication services.

The provisions of this section shall also not apply to work performed for normal maintenance or improvement of land in agricultural use as defined under Section 7.4 of this Bylaw.

Such application may be identical in form to a Notice of Intention filed pursuant to Mass. Gen. Laws Ch. 131, Sec 40; shall be sent by certified mail to the Tisbury Conservation Commission (the "Commission"), and must be filed concurrently with or after applications for all other variances and approvals required by the Zoning Bylaw, the Subdivision Control Law or any other bylaw or regulation have been obtained. The Commission shall set a filing fee by regulation, but no filing fee is required when the Town of Tisbury files an application for a permit. The Commission will notify the applicant of any other appropriate town boards which shall receive copies of the application.

Upon written request of any person, the Commission shall, within twenty-one days, make a written determination as to whether this Bylaw is applicable to any land or work thereon. When the person requesting a determination is other than the owner, notice of the determination shall be sent to the owner as well as to the requesting person.

SECTION 2: HEARING

The Commission shall hold a public hearing on the application within twenty-one days of its receipt. Notice of the time and place of the hearing shall be given by the Commission at the expense of the applicant, not less than five days prior to the hearing, by publication in a newspaper of general circulation in Tisbury, and by mailing a notice to the applicant, and to such other Boards and persons as the Commission may by regulation determine. The commission, its agents, officers, and employees, may enter upon privately owned land for the purpose of performing their duties under this bylaw.

SECTION 2,1; PERMIT AND CONDITIONS

If, after the public hearing, the Commission determines that the area which is the subject of the application is significant to the interests by this Bylaw, the Commission shall, within twenty-one days of such hearing, issue or deny a permit for the work requested. If it issues a permit after making such a determination, the Commission shall impose such conditions as it determines are necessary or desirable for protection of those interests, and all work shall be done in accordance with those conditions If the Commission determines that the area which is the subject of the application is not significant to the interests protected by this Bylaw, or that the proposed activity does not require the imposition of conditions, it shall issue a permit without conditions within twenty-one days of the public hearing, Permits shall expire three years from the date of issuance, unless renewed prior to expiration, and all work shall be completed prior to expiration.

SECTION 2.2: RELATIONSHIP TO MASS. GEN. LAWS CB. 131, SECTION 40

Since the Wetlands Protection Act, MGL Ch. 131, S. 40, establishes minimum standards, the Commission shall not impose additional or more stringent conditions in an Order pursuant to Mass. G.L. Ch. 131, S. 40 than it imposes pursuant to this Bylaw; nor shall it require a Notice of Intention filed under S. 40 to provide additional materials or data to those required under this Bylaw.

SECTION 3: EMERGENCY PROJECTS

This Bylaw shall not apply to any emergency project as defined in Mass. Gen. Laws Ch. 131, S. 40.

SECTION 4: PRE-ACQUISITION VIOLATION

Any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this Bylaw or in violation of any permit issued pursuant to this Bylaw, shall forthwith comply with any such order or restore such land to its condition prior to any such violation; provided, however, that no action, civil or criminal, shall be brought against such person unless commenced within three years following the date of acquisition of the real estate by such person

SECTION 5: REGULATIONS

After due notice and public hearing, the Commission may promulgate rules and regulations to effectuate the purpose of the Bylaw. Failure by the Commission 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 Bylaw.

SECTION 6: BURDEN OF PROOF

The applicant shall have the burden of proving by a preponderance of the credible evidence that the work proposed in the application will not harm the interests protected by this Bylaw. Failure to provide adequate evidence to the Commission supporting a determination that the proposed work will not harm the interests protected by this Bylaw shall be sufficient cause for the Commission to deny a permit or grant a permit with conditions, or, in the Commission's discretion to continue the hearing to another date to enable the applicant or others to present additional evidence.

SECTION 7: DEFINITIONS

The following definitions shall apply in the interpretation and implementation of the Bylaw.

SECTION 7.1

The term "person" shall include any individual, group of individuals association, partnership, corporation, company, business organization, trust, estate, the Commonwealth or political subdivision thereof to the extent subject to town bylaws, administrative agencies, public or quasi-public corporation or bodies, the Town of Tisbury, and any other legal entity, its legal representatives, agents, or assigns.

SECTION 7.2

The term "alter" shall include, without limitation, the following actions when undertaken in areas subject to this Bylaw:

(a) Removal, excavation or dredging of soil, sand, gravel or aggregate materials of any kind;

(b) Changing drainage characteristics, flushing characteristic, salinity distribution, sedimentation patterns, flow patterns and flood retention characteristics;

(c) Drainage or other disturbance of water level or water table;

(d) Dumping, discharging or filling with any material which may degrade water quality;

(e) Driving of piles, erection of buildings or structures of any king;

(f) Placing of obstructions whether or not they interfere with the flow of water;

(g) Destruction of plant life, including cutting of trees;

(h) Changing of water temperature, biochemical oxygen demand or other physical or chemical characteristics of the water.

SECTION 7.3

The term "banks" shall mean that part of land adjoining any body of water which confines the water.

SECTION 4.4: AGRICULTURAL PRACTICES

(a) The term "land in agricultural use" shall mean any qualifying wetland within a farm which is qualified or eligible to be qualified under the Farmland Assessment Act Mass. Gen. Laws ch.61A, SS.1-5.

(b) The term "qualifying wetland" shall mean only inland fresh water areas which are seasonally flooded basins or flats or inland fresh meadows.

(c) The term "normal maintenance or improvement" of land in agricultural use shall mean only:

1. Tilling practices customarily employed in the raising of crops;

2. Pasturing of animals, including such fences and protective structures as may be required.

3. Use of fertilizers, pesticides, herbicides, and similar materials subject to state and federal regulations covering their use;

4. Constructing, grading, or restoring of field ditches, subsurface drains, grass waterways, culverts, access roads, and similar practices to improve drainage, prevent erosion, provide more effective use of rainfall, improve equipment operation and efficiency, in order to improve conditions for the growing of crops.

(d) "Improvement" of land in agricultural use may also include more extensive practices such as the building of ponds, dams, structures for water control, water and sediment basins, and related activities, but only where a plan for such activity approved by the Conservation District of the Soil Conservation Service is furnished to the Conservation Commission prior to the Commencement of work.

All such activity shall subsequently be carried out in accord with said plan. In the event that the work is not carried out in accordance with the required plan, the Conservation Commission may place a stop work order on said work and have recourse to such measures as if the plan were an order of conditions.

SECTION 7.5

The Commission may adopt additional definitions not inconsistent with this Section 7 in its regulations promulgated pursuant to Section 5 of this Bylaw.

SECTION 8: SECURITY

The Commission may require, as a permit condition, that the performance and observance of other conditions be secured by one or both of the following methods:

(a) By a bond or deposit of money or negotiable securities in an amount determined by the Commission to be sufficient and payable to the Town of Tisbury;

(b) By a conservation restriction, easement or other covenant running with the land, executed and properly recorded (or registered, in the case of registered land).

SECTION 9: ENFORCEMENT

Any person who violates any provision of this Bylaw or of any condition of a permit issued pursuant to it shall be punished by a fine of not more than $300. Each day or portion thereof during which a violation continues shall constitute a separate offense; if more than one, each condition violated shall constitute a separate offense. This bylaw may be enforced pursuant to Massachusetts General Laws, Chapter 40, Section 21d, by a Town Police Officer, other officer having police powers, Commission, members, or the Commission Conservation Officer.

Upon request of the Commission, the Board of Selectmen and Town Counsel shall take such legal action as may be necessary to enforce this Bylaw and permits issued pursuant to it.

Late Licensing Dogs

Voted October 5, 1983, Article 22; Approved by the Attorney General December 7, 1983;

Amended July 17, 1990, Article 11

Voted July 17, 1990, Article 11; Approved by the Attorney General October 16, 1990; Posted October 23, 1990

"Should any owner or keeper of a dog fail to license that dog before March 1st, that owner or keeper shall pay a late fee of five dollars plus an additional fee of one dollar per month beginning March 1, before obtaining said license, excepting a dog brought into the Town as provided in Section 138 of Chapter 140 MGLA, this late fee shall be applicable from the 61st day after arrival of such dog and further, any person maintaining a kennel in the Town of Tisbury, who fails to license as prescribed by this section and the laws of the Commonwealth shall pay a late fee of ten dollars plus an additional fee of two dollars per month beginning March 1."

Town Clerk Fees

Voted April 2, 1985, Article 14; Approved by the Attorney General May 24, 1985; Posted May 28, 1985 Amended May 2, 1989, Article 58.

The Town voted to adopt the following changes in the Town Clerk's fees , and further that said fees be turned over to the Town:

Clause Description

(1) For filing and indexing assignment for the benefit of creditors 10.00

(11) For entering amendment of a record of the birth of a child born out of wedlock. 10.00

(12) For correcting errors in a record of birth 10.00

(13) For furnishing certificate of birth. 5.00

(13A) For furnishing an abstract copy of a record of birth. 4.00

(14) For entering delayed record of birth 10.00

(20) For filing certificate of a person conducting business under any title other than his real name. 20.00

(21) For filing by a person conducting business under any title other than his real name, of a statement of change of his residence, or of his discontinuance, retirement or with-drawal from, or change of location of, such business. 10.00

(22) For furnishing certified copy of certificate of person conducting business under any title other than his real name or statement by such person of his discontinuance, retirement or withdrawal from such business. 5.00

(24) For recording the name and address, the date and number of the certificate issued to a person registered for the practice of podiatry in the Commonwealth. 20.00

(29) For correcting errors in a record of death. 10.00

(30) For furnishing a certificate of death. 5.00

(30A) For furnishing an abstract copy of a record of death. 4.00

(42) For entering notice of intention of marriage and issuing certificates thereof. 15.00

(43) For entering certificates of marriage filed by persons. 5.00

(44) For issuing certificates of marriage. 5.00

(44A) For furnishing an abstract copy of a record of marriage. 4.00

(45) For correcting errors in a record of marriage. 10.00

(54) For recording power of attorney. 10.00

(57) For recording certificates of registration granted to a person engaged in the practice of optometry, or issuing a certified copy thereof. 20.00

(58) For recording the name of the owner of a certificate of registration as a physician or osteopath in the Common-wealth. 20.00

(62) For recording order granting locations of poles, piers, abutments or conduits, alterations or transfers thereof, and increase in number of wires and cable or attachments under the provisions of Section 22, Chapter 166. 40.00 Flat rate 10.00 Add'l streets

(66) For examining records or papers relating to birth, marriage or deaths upon the application of any person, the actual expense thereof, but not less than: 5.00

(67) For copying any manuscript or record pertaining to a birth, marriage or death. 5.00 per page

(69) For receiving and filing a complete in-ventory of all items to be included in an "closing out sale". 10.00 1st page 2.00 Add'l page

(75) For filing a copy of written instrument or declaration of trust by trustees of an association or trust, or any amendment thereof as provided by Section 2, Chapter 182. 20.00

(78) For recording deed of lot or plot in a public place or cemetery. 10.00

(79) Recording any other documents. 10.00 1st page 2.00 Add'l page Voter's ID card 5.00

Lodging Houses

Voted August 20, 1985, Article 2; Approved by the Attorney General November 15, 1985; Posted November 19, 1985

All lodging houses, as defined in Massachusetts General Laws (MGL) Chapter 140, as amended, located in the Town of Tisbury, shall be licensed by the Board of Selectmen. Any person desiring to conduct, or conducting a lodging house shall be subject to all regulation promulgated by the Board of Selectmen. Said regulations shall not be inconsistent with MGL Chapter 140, as amended, and shall be adopted after notice and pubic hearing.

Innholders & Common Victuallers

Voted August 20, 1985, Article 3; Approved by the Attorney General November 15, 1985; Posted November 19, 1985

All innholders and common victuallers, as defined in Massachusetts General Laws (MGL) Chapter 140, as amended, conducting business in the Town of Tisbury, shall be licensed by the Board of Selectmen. Any person desiring to act or acting as an innholder or common victualler shall be subject to all regulations promulgated by the Board of Selectmen. Said regulations shall not be inconsistent with MGL Chapter 140, as amended, and shall be adopted after notice and public hearing. The fee for said license shall be thirty-five dollars,($35.00).

Town Officials Fees

Voted April 1, 1986, Article 22; Approved by the Attorney General May 8, 1986; Posted May 28, 1986

All town officers shall be required to report the amount of all fees received by them by virtue of their office, quarterly, to the selectmen, who shall publish the same in the annual town report.

Smoking Regulations

Voted April 1, 1986, Article 24; Approved by the Attorney General May 8, 1986; Posted May 28, 1986

Smoking Regulations for all Town Buildings:

1. No smoking during regularly scheduled meeting.

2. Smoking during "work" sessions only if all present are polled and agree. One objection equals no smoking.

3. Individuals working alone with no others present, or in a separate room, may smoke, but will extinguish smoking materials if others are in the area or the room and request that smoking cease.

Failure to Pay Local Municipal Charges

Voted April 1, 1986, Article 26; Approved by the Attorney General May 8, 1986; Posted May 28, 1986

The Town of Tisbury may deny any application for or revoke or suspend any local license or permit including renewals and transfers issued by any board, officer, department for any person, corporation or business enterprise who has neglected or refused to pay any local taxes, fees, assessments, betterments or any other municipal charges.

The tax collector or other municipal official responsible for records of all municipal taxes, assessments, betterments and other municipal charges, hereinafter referred to as the tax collector, shall annually furnish to each department, board, commission, or division, hereinafter referred to as the licensing authority, that issues licenses or permits including renewals and transfers, a list of any person, corporation, or business enterprise, hereinafter referred to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments or other municipal charges for not less than a twelve month period, and that such party has not filed in good faith a pending application for an abatement of such tax or a pending petition before the appellate tax board.

The licensing authority may deny, revoke or suspend any license or permit, including renewals and transfers of any party whose name appears on said list furnished to the licensing authority from the tax collector; provided, however, that written notice is given to the party and the tax collector, as required by applicable provisions of law, and the party is given a hearing, to be held not earlier than fourteen days after said notice. Said list shall be prima facie evidence for denial, revocation or suspension of said license or permit to any party. The tax collector shall have the right to intervene in any hearing conducted with respect to such license denial, revocation or suspension. Any findings made by the licensing authority with respect to such license denial, revocation or suspension shall be made only for the purposes of such proceeding and shall not be relevant to or introduced in any other proceeding at law, except for any appeal from such license denial, revocation or suspension. Any license or permit denied, suspended or revoked under this bylaw shall not be reissued or renewed until the license authority receives a certificate issued by the tax collector that the party is in good standing with respect to any and all local taxes, fees, assessments, betterments or other municipal charges, payable to the municipality as the date of issuance of said certificate.

Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the licensing authority to issue a certificate indicating said limitations to the license or permit; provided, however, that the holder be given notice as required by applicable provisions of law.

The Board of Selectmen may waive such denial, suspension or revocation if it finds there is no direct or indirect business interest by the property owner, its officers or stockholders, if any, or members of his immediate family, as defined in section one of chapter two hundred sixty-eight in the business activity conducted in or on said property.

This bylaw shall not apply to the following licenses and permits: open burning; section thirteen of chapter eighty-five; sales of articles for charitable purposes, section thirty-three of chapter one hundred and one; children work permits, section sixty-nine of chapter one hundred and forty-nine; clubs, associations dispensing food or beverage licenses, section twenty-one E of chapter one hundred and forty; dog licenses, section one hundred and thirty seven of chapter one hundred and forty; fishing, hunting, trapping license, section twelve of chapter one hundred and thirty-one; marriage licenses, section twenty-eight of chapter two hundred and seven and theatrical events, public exhibition permits, section one hundred and eighty-one of chapter one hundred and forty; septic system pump out permits and sanitary landfill permits issued by the Board of Health; oil burner inspection permits; and to include necessary safety wiring upgrading inspections on existing dwellings.

The Town of Tisbury may exclude any local license or permit from this bylaw by bylaw.

Building Permit Fee Schedule

Voted April 1, 1986, Article 27; Approved by the Attorney General May 8, 1986; Posted May 28, 1986: Amended June 2 & 3, 1987

Voted June 2 & 3, 1987, Article 46; Approved by the Attorney General September 21, 1987; Posted September 23,1987

Voted May 2, 3, and 4, 1989, Article 5;

Voted April 13, 1999, Article 7; Approved by the Attorney General September 20, 1999; Posted September 24, 1999

Residential Permits

ANY AND ALL REPEAT INSPECTIONS ARE AT THE RATE OF $10.00 EACH

Business Permits