Massachusetts Appeals Court December 13, 2006, No. 05-P-1594 (Mad Maxine's Watersports, Inc. v. Harbormaster of Provincetown)

Berry, J.

In May, 2002, the town of Provincetown approved *805an amendment to the Provincetown General By-laws (hereinafter, the by-law) that restricts to a 200-foot wide channel in Provincetown Harbor the use of propelled “personal watercraft” — including, as most relevant to this appeal, propelled water “jet skis.