[HISTORY: Adopted by the Annual Town Meeting of the Town of Fairhaven 2-17-1934 by Art. 37 as Chs. I and XIII of the 1934 Bylaws. Amendments noted where applicable.]
The bylaws of the Town of Fairhaven are hereby recodified. This recodification does not affect the continued application of the substantive provisions of those bylaws previously in effect, except where those substantive provisions have been expressly or clearly amended by this recodification.
[1]
Editor's Note: The bylaws as they appear in this Code were accepted by vote of the Special Town Meeting on May 3, 1997, under Article 13. A copy of said Article 13 is on file in the office of the Town Clerk.
[Amended 5-2-1992 ATM by Art. 14]
The penalty for any violation of these bylaws, when not otherwise provided for by Town bylaws, shall be the forfeiture and payment of a fine not exceeding $100 to be paid into the Town treasury and credited to the surplus account.
These bylaws may be amended or repealed at any Town meeting if passed by the members present and voting.
Except when otherwise provided by law, prosecution for offenses under the bylaws of the Town may be made by any constable or police officer of the Town.
[Added 5-2-1992 ATM by Art. 14 (Ch. XXXV of the 1934 Bylaws); amended 5-7-1994 STM by Art. 18 (Ch. XXXVII of the 1934 Bylaws); 5-1-1999 ATM by Art. 17; 6-7-2003 ATM by Art. 12; 6-7-2003 ATM by Art. 11; 2-11-2004 STM by Art. 21; 10-18-2005 STM by Art. 10; 5-3-2008 ATM by Art. 45; 5-3-2008 ATM by Art. 46; 10-29-2008 STM by Art. 11; 6-14-2021 ATM by Art. 31; 6-14-2021 ATM by Art. 46; 6-18-2022 ATM by Art. 32; 5-6-2023 ATM by Art. 20]
A. 
Any person taking cognizance of a violation of any of the specific bylaws, rules or regulations set forth in Subsection D which he or she is empowered to enforce, as an alternative to initiating criminal proceedings, may give to the offender a written notice to appear before the Clerk of the District Court at any time during office hours, not later than 21 days after the date of such notice, for noncriminal disposition of the violation, pursuant to MGL c. 40, § 21D. The following infractions may be subject to noncriminal disposition pursuant to the civil infraction procedure:
(1) 
Any violation of an order of the Board of Health relating to public health which is authorized by the General Laws, any special law applicable to the Town, the provisions of the State Sanitary Code or other state regulations or any bylaw, rule or regulation;
(2) 
Any violation of an order of a Town building official relating to public safety which is authorized by the General Laws, any special law applicable to the Town, the provisions of the State Building Code or other state regulations or any bylaw, rule or regulation;
(3) 
Any violation of an order of a Town fire official relating to public safety which is authorized by the General Laws, any special law applicable to the Town, the provisions of the State Fire Prevention Code or other state regulations or any bylaw, rule or regulation; or
(4) 
Any violation of any other bylaw or any rule or regulation of any Town officer, board or department.
B. 
The civil assessment for each infraction subjected to noncriminal disposition shall be $300 unless a lesser amount is otherwise provided for in these bylaws.
C. 
Any assessment collected pursuant to noncriminal disposition shall be paid into the Town treasury unless otherwise directed by these bylaws.
D. 
In addition to police officers, who shall in all cases be considered enforcing persons for the purpose of this section, the following officers of the Town shall be enforcing persons with respect to the following enumerated bylaws, rules and regulations. The penalties set forth shall apply to a violation of each of the enumerated bylaws, rules and regulations.
(1) 
Board of Health rules and regulations, Chapters 401 through 491:
(a) 
Enforcing person(s): Board of Health, Health Agent and designated agents of the Board of Health.
(b) 
Fine: $100 for the first offense, $200 for the second offense and $300 for the third and subsequent offenses.
(2) 
Waterways regulations of the Select Board:
(a) 
Enforcing person: Harbormaster, Assistant Harbormaster, Shellfish Deputies.
(b) 
First offense: $50 and/or suspension of license or permit for 30 days; second offense: $100 and/or suspension of license or permit for 60 days; third offense: $150 and/or suspension of license or permit for 30 days; persons caught fishing in a posted area: $200.
(3) 
Zoning bylaws, Articles I through IV of Chapter 198:
(a) 
Enforcing person: Building Commissioner.
(b) 
Fine: $50 per offense.
(4) 
Recycling bylaw (Chapter 164, Part 2):
(a) 
Enforcing person: Health Agent.
(b) 
Fine: $25 per offense.
(5) 
Driveway and Sidewalk Construction bylaw (Chapter 169, Part 4):
(a) 
Enforcing person: Superintendent of Public Works, or his designee.
(b) 
Fine: $100 for each offense, except performing, or allowing unlicensed contractors to perform, work shall be $300 for each offense.
(6) 
Water bylaw (Chapter 187):
(a) 
Enforcing person: Public Works Superintendent, or his designated agents.
(b) 
Fine: $50 first offense; $100 for second and subsequent violations.
(7) 
Alcoholic beverages (Chapter 83):
(a) 
Enforcing person: Police Officer, or his or her designated agents.
(b) 
Fine: $100 per offense.
(8) 
Fire prevention and protection (Chapter 122).
(a) 
Enforcing person(s): Fire Chief and his/her designee.
(b) 
Fines: $100 per offense.
(9) 
Vehicles and traffic.
(a) 
Enforcing person(s): police officer, or his or her designated agents.
(b) 
Fines: $20 for each offense. Each day that any violation continues shall constitute a separate offense.
(10) 
Wetlands (Chapter 192).
(a) 
Enforcing person(s): Conservation Agent with a majority vote of the Conservation Commission. In the absence of a Conservation Agent, a majority vote of the Conservation Commission shall be the enforcing entity.
(b) 
Fines: $300 for each offense. Each day or portion thereof during which a violation continues shall constitute a separate offense, and each provision of the bylaw, regulations, or permit violated shall constitute a separate offense.
[Added 5-6-1998 ATM by Art. 7]
A. 
The Town Clerk shall maintain one volume of the Town bylaws as recodified by Annual Town Meeting on May 3, 1997, and with it shall keep all subsequent amendments and additions to the bylaw in the form originally adopted by Town Meeting along with a record of the vote taken and of approval by the Attorney General, if applicable.
B. 
The Town Clerk shall acquire sufficient copies of the Town bylaws for distribution to the various Town agencies and officers. Those copies shall remain the property of the Town and shall be numbered and a record kept by the Town Clerk of the agency or officer having possession of each copy. The Town Clerk shall, from time to time, and in any event at least annually, amend those copies in her possession to reflect amendments and additions to the bylaw and shall provide copies of those amendments and additions to each agency or officer having possession of a copy of the bylaws. The copies of the bylaws shall not otherwise be altered except with the express permission or direction of the Town Clerk. Upon termination from his position, a public officer having possession of a copy of the bylaw shall return it to the Town Clerk.
C. 
The Town Clerk may include in the codified bylaws policies, rules and regulations enacted by the various Town agencies or officers, as well as the text of special legislation applicable to the Town, a list of legislation accepted by vote of the Town, a list of the designated special municipal employees, and such other information as the Clerk deems appropriate front time to time. Town agencies and officers who enact or amend any such policy, rule, regulation or list shall submit the text of that exactment to the Town Clerk for inclusion in the codification.