[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.
[Amended 6-14-2021 ATM by Art. 46]
Notwithstanding the provisions of this chapter,
the Select Board 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.