[HISTORY: Adopted by the Annual Town Meeting
of the Town of Fairhaven 2-17-1934 by Art. 37 as Ch. IX, Secs. 1, 2, 6, 7, 8, 9, 11, 12, 14
and 16, and Ch. X of the 1934 Bylaws. Amendments noted where applicable.]
No person shall behave in a rude, disorderly,
insolent or insulting manner or make any indecent noise, sound or
gesture in any public way or other place or near any dwelling house
in the town.
No person shall use any profane, indecent, insolent
or insulting language, make any threats or use any other language
tending to create a breach of the peace in any public way or other
public place in the town, or within audible distance of any dwelling
house or other building therein.
No person shall throw or place upon any sidewalk
or crosswalk any banana skin, orange peel or any slippery or greasy
substance.
[Amended 5-11-1994 ATM by Art. 36]
A.
No person shall make any figures or write any words
upon or deface by marks in any manner any fence, building, monument,
sidewalk, crosswalk, ledge, street or other town property.
B.
The Treasurer of the town shall pay up to $100 for
each fine or assessment collected for a violation of this section
as a reward for information leading to the successful prosecution
of that case. The determination as to whom and in what amount such
reward is to be paid shall be made by the Select Board in its sole
discretion.
[Amended 6-14-2021 ATM by Art. 46]
C.
The Town Treasurer shall pay the balance of each fine
or assessment into an account to be held by him/her, and to be used
for restitution to pay the cost of repair or restoration of town property
defaced in violation of this chapter.
A.
No person shall bathe in any of the waters of the
town in a state of nudity, in places exposed to public view or in
immediate sight of the occupants of any dwelling house.
B.
No person or persons shall remove their clothes in
an automobile or other exposed location adjacent to a bathing beach.
[Added 2-29-1936 ATM by Art. 44]
No person shall expose in or place upon any
public way, public grounds or other public places any table or device
of any kind by means of or upon which any game of hazard or chance
shall be played, nor shall any person play in any such game at such
table or device in or upon any public way, public grounds or other
public places in the town.
[Added 3-30-1972 ATM by Art. 70]
A.
No person shall be permitted upon any public waterway,
including skating rinks, ponds, rivers, streams or any body of water
within the town over which the town has jurisdiction until the ice
on any of the above-mentioned has been declared safe by the Board
of Public Works. After being declared safe by the Board of Public
Works, persons using them, do so at their own risk.
B.
Whoever violates this section shall be liable to a
fine of not more than $20 which may be recovered by indictment or
complaint before a District Court.
[Added 1-11-1979 STM by Art. 20]
A.
It shall be unlawful for any person to throw, shoot
or otherwise propel any missile, including but not limited to snowballs,
ice, stones or other objects, at or in the direction of any automobile,
truck, bus, motorcycle or other motor vehicle of any type while said
motor vehicle is being operated or parked on any public way or any
way or other area to which the public has access within the Town of
Fairhaven.
B.
Whoever violates the provisions of this section shall
be subject to a fine not exceeding $25.
[Added 5-8-1984 ATM by Art. 22]
A.
Diving, swimming or bathing in the water adjacent
to the town's coastline in the Fort Phoenix area from the western
boundary of Fort Phoenix State Beach to and including the hurricane
dike to its western extremity within the Town of Fairhaven is hereby
prohibited.
B.
Whoever violates this section shall be liable to a
fine of not more than $20 which may be recovered by complaint in the
District Court.
[Added 3-26-1966 ATM by Art. 56]
No diving, swimming or bathing will be permitted
from the Causeway Bridge and for a distance of 100 feet east and 100
feet west of the bridge.
No person shall deposit papers, circulars or
advertising matter of any kind in the public ways of the town or distribute
the same through the town in such manner as to create a disturbance
or litter.
[Added 5-1-2004 STM by Art. 13]
A.
Electronic or video card games. No person shall keep
or cause to be kept, operate or suffer to be operated, in any premises
open to the public owned or leased by him, or subject to his control,
any electronic or video poker or other electronic or video card game.
B.
Fines and enforcement. Any person violating any of the provisions of this chapter shall be subject to a fine of $100. Such fines shall inure to the Town. Any Fairhaven Police Officer taking cognizance of a violation of this section may enforce this section through noncriminal disposition in accordance with MGL c. 40 § 21D and § 1-6 of the Town Code. A violation of this section occurring in an establishment licensed for retail of any alcoholic beverage shall subject the licensee to sanctions as determined by the Select Board.
[Amended 6-14-2021 ATM by Art. 46]
C.
Severability. If any provision of this section is
declared invalid and unenforceable, the other provisions shall continue
in full force and effect.
D.
Effective date. This section shall become effective
on July 1, 2004.
