[HISTORY: Adopted by the Town Meeting of
the Town of Eastham as indicated in article histories. Amendments
noted where applicable.]
[Adopted 5-1-1978 ATM by Art. 2]
Operation of dune buggies, motorcycles, minibikes,
snowmobiles, all-terrain vehicles and ground-effect or air-cushioned
vehicles are prohibited from all flats, beaches, dunes and marshes
within the Town of Eastham. Only vehicles with properly operative
four-wheel drive shall be allowed to operate on beaches within the
Town of Eastham, and all such operations shall be restricted as follows:
A.
All vehicles shall be registered for over-the-sand
use at the Eastham Selectmen's office and shall receive a permit which
may be suspended or revoked for cause by the Selectmen.
B.
All operation of vehicles on the beaches and flats
located on the western shore of Eastham shall be prohibited during
the months of June, July, August and September; with the exception
of vehicles necessary for aquaculture grant holder access who have
met the conditions of the Conservation Commission and been duly permitted
to drive at times and in places designated by the Town each year.
[Amended 6-12-2021 ATM
by Art. 13]
C.
All operation of vehicles shall be prohibited from
the beach, dune and marsh area lying south of Coast Guard Beach.
[Amended 5-4-1998 ATM by Art. 4]
D.
Maximum speed limit on any beach area shall not exceed
15 miles per hour.
E.
All vehicles operating on the beach shall be equipped
with a shovel, vehicle jack, board or other suitable jack support,
spare tire, low-pressure gauge, tow rope or strap.
F.
No vehicle shall operate upon any beach vegetation,
dune or marsh within the Town of Eastham.
The Board of Selectmen shall have the right
to ban or limit the number of four-wheel drive vehicles operating
or parking in any beach area and may, after a public hearing, prohibit,
restrict or regulate such vehicle use if, in its judgment, such limitation,
restriction or prohibition is appropriate to protect the public welfare
and preserve the natural government.
This bylaw shall not apply to Town, county,
state, or federal vehicles operated by authorized personnel acting
in an official capacity.
[Added 6-12-2021 ATM
by Art. 13]
If any section, paragraph, sentence, clause, or phrase of this
bylaw is held invalid or unconstitutional, such portion shall be deemed
a separate and distinct provision and such decision shall not affect
the validity of the remaining portions of this bylaw, which shall
remain in force and effect; and to this end, the provisions of this
bylaw are hereby declared severable.
[Amended 6-12-2021 ATM
by Art. 13]
In addition to any other legal remedies that may be available, any designated enforcing person may enforce this bylaw by noncriminal disposition. If a noncriminal disposition process, as provided in MGL c. 40, § 21D and § 1-2 of the Town's General Bylaws is elected, then any person who violates the provisions of this bylaw shall be subject to the following enforcement fines and penalties.
B.
Each day or portion thereof shall constitute a separate offense.
If more than one, each provision violated shall constitute a separate
offense.
C.
The Town may enforce this bylaw or enjoin violations thereof through
any lawful process, and the election of one remedy by the Town shall
not preclude enforcement through any other lawful means.
D.
In addition to a fine, violation of any provision of this bylaw may,
after a public hearing held by the Select Board, result in loss of
any or all of the following Town permits for one year from the date
of the violation: Over-the-Sand Permit, Shellfish Permit, Freshwater
Launch Permit, Mooring Permit, Vessel Storage Permit.
