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§170-12. Operation of Vessels Under the Submitted by the Waterways Commission Influence of Intoxicating Liquor or Explanation: These changes in the by-law's are Controlled Substance. needed to bring Chapter 170 of the Mashpee Code up d any vessel on the waters of to date and to conform to the Commonwealth of No person shall operate the Commonwealth situated in the Town of Mashpee Massachusetts General Laws Chapter 90B, Boats and under the influence of substances as described in Vessels; Chapter 91 Waterways; Chapter 102, Chapter 90B §8. Harbormasters;and Chapter 13145 Great Ponds;pub lic use; rules and regulations. These by-law's were §170-13. Watercraft Equipment. approved at Town Meeting in October 1995,but have All watercraft equipment operated in the Town of been changed to incorporate comments from the Mashpee shall meet the equipment requirements of Massachusetts Environmental Police. The entire arti- 323 CMR 2.06. cle has been re-submitted because the Attorney General had not approved the previous version, so §170-14. Watercraft Operation without Personal changes could not be made to an unapproved by-law. Flotation Devices or in Overloaded or Unsafe Condition. Motion made by Jim Hanks. A. No person shall operate a vessel in the Town of Motion: I move the Town vote to amend Chapter l Mashpee: 170 of the Mashpee Code as printed in the warrant except for the phrase "or take any other action 1. Without an approved wearable personal - relating thereto'. flotation device on board for each occu pant, as required under Chapter 90B, §5 Motion to amend 170.6B #2 to read operation and 323 CMR 2.07 (10,14,15). between the hours of sunset and sunrise or when 2. In an overloaded condition as defined in vision is unduly restricted weather. Chapter 90B §12A, and 323 CMR 2.07 (2) Motion passes 9:23 p.m. { Guardrails. y Article 38: To see if the Town will vote to amend the §170-15. Public Access Board Facilities. Zoning By-law as follows: A. Mashpee Pond Boat Landing. By amending Article 11 Definitions, 174-3, by insert 1. The Board of Selectmen may, after public ing the following definition after MARINA and before hearing,suggest to the Public Access Board NONCONFORMING LOT: new or changed regulations over the main- "NONCOMMERCIAL SIGN - A sign that does not is tenance and operation of the state owned direct attentiop to a business or to a service or com- boat landing at Mashpee Pond. modity for sale, and is of a political, religious and/or Regulations adopted, approved, and pro- ideological nature. mulgated by the Commonwealth shall become effective as of the date of publica- And by amending Article X (Signs) as follows: tion in a newspaper having general circula- A. Section 174-51B currently reads: New Signs. A l tion in the Town. new sign shall not hereafter be erected, constructed, i+ B. Reserved altered or maintained except as herein provided an §170-16. Jurisdiction; Severability. until after a permit has been issued by the Building Inspector and the bond, if required, shall have been i} A. Nothing contained herein shall be held or con- filed in accordance with Section 174-57. Signs over 3, strued to supersede, conflict with, interfere with twenty (20) square feet, existing as of the effective or limit jurisdiction of the United State date of this chapter shall have their continued use sub Government with respect to the enforcement of ject to the issuance of a permit from the Building the navigation, shipping,anchorage and associat- Inspector. The deadline for obtaining such a permit is ed laws of the United States or to diminish the September 1, 1985. Any sign over six (6) square feet provisions of any lawful regulation of the in a commercial or industrial zoning district, or in a Division of Marine and Recreational Vehicles or commercial, office or industrial use in a residential the laws of the Commonwealth of zoning district, shall require review and comment by Massachusetts. the Design Review Committee prior to the issuance of B. In the event that any provision, section or clause a permit for said sign by the Building Inspector. of this chapter is hereafter judicially found to be I. Deleting the second sentence in Section 174-51B invalid, such decision, invalidity or voidance and replacing it with: shall not affect the validity of the remaining por- tions of this Chapter." 76