[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These bylaws may be amended or repealed at any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.
These bylaws shall take effect upon approval
and publication in the manner required by law.
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)]
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.
(2)
Waterways regulations of the Select Board:
[Amended 5-3-2008 ATM by Art. 45; 6-14-2021 ATM by Art. 31; 6-14-2021 ATM by Art. 46]
(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.
(5)
(9)
Vehicles and traffic.
[Added 5-3-2008 ATM by Art. 46]
(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.[1]
[1]
Editor's Note: Former Subsection D(10), regarding waterway
user fees, and Subsection D(11), regarding waterways, moorings, and
boat usage, which immediately followed, were repealed 6-14-2021 ATM by Art. 31.
(10)
Wetlands (Chapter 192).
[Added 6-18-2022 ATM by Art. 32]
(a)
Enforcing
person(s): the Chair of the Conservation Commission or the Commission's
agent and/or as designated by the Conservation Commission.
(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.
