[HISTORY: Adopted by the Annual Town Meeting of the Town of Fairhaven 4-15-1975 by Art. 45 (Ch. IX, Sec. 13 of the 1934 Bylaws); amended in its entirety 2-11-2004 STM by Art. 20. Subsequent amendments noted where applicable.]
Alcoholic beverage licensing rules — See Ch. 204.
[Amended 5-5-2007 ATM by Art. 28; 5-2-2009 ATM by Art. 30]
It shall be unlawful for any person to consume or possess an open container of alcoholic beverage or consume marijuana or tetrahydrocannabinol as defined by MGL c. 94C, § 1, on any public way or any way in which the public has a right of access, including persons in or upon a motor vehicle while on any public way or any way in which the public has a right of access, or on any sidewalk appurtenant thereto, and on or within any park, or upon the grounds of any school or public building or public beach within the Town of Fairhaven.
Whoever violates the provisions of this chapter shall be subject to a fine not exceeding $100. Any Fairhaven Police Officer taking cognizance of a violation of this chapter may enforce this chapter through noncriminal disposition pursuant to MGL c. 40, § 21D and § 1-6 (Noncriminal disposition) of this Code.
Notwithstanding the provisions of this chapter, the Board of Selectmen as licensing authority may grant a temporary permit for consumption of alcoholic beverages in any public place subject to terms and conditions set by the Board.
For purposes of this chapter:
- ALCOHOLIC BEVERAGE
- Any liquid intended for human consumption as a beverage and containing 1/2 of 1% or more of alcohol by volume at sixty degrees F.
- OPEN CONTAINER
- Any bottle, can or other receptacle used to contain an alcoholic beverage that has the cap, lid or cork removed or otherwise is opened in a manner so that the contents can be poured or consumed.