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Town of Fairhaven, MA
Bristol County
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Table of Contents
Table of Contents
[Adopted 2-17-1934 ATM by Art. 37 as Ch. VII of the 1934 Bylaws]
No person shall place or cause to be placed in any one of the public streets, ways or places without a permit from the Superintendent of the Board of Public Works or, in his/her absence, from the Board of Selectmen any dirt, rubbish, wood, timber, building material or matter of any kind under penalty of not less than $5 nor more than $15. When such permit is granted, the applicant must maintain a suitable cautionary signal over or near the obstruction as a warning to those using the same way or place in a lawful manner.
No person shall leave any wagon, cart or other vehicle in any street, public way or place or any sidewalks of the town, nor allow same to remain overnight, without maintaining a suitable and sufficient light on same to prevent injury to travelers using the public way or place in a lawful manner. Violations of the above regulation shall be punished by a fine of $10 to $20 for each and every offense.
No person shall leave a vehicle having a carrying capacity of more than one ton in any street or public way during the period from 1/2 hour after sunset to 1/2 hour before sunrise unless for the purpose of making temporary stops not exceeding one hour in duration. The violation of this section shall be punished by a fine of not more than $20 for each and every offense.
[Added 11-16-1961 STM by Art. 9]
[Amended 12-7-1996 STM by Art. 8]
No person shall operate or ride any wheeled device for human transportation, including but not limited to a scooter, roller skates, skateboard, roller skis or in-line skates, but not including devices intended to aid the handicapped or infirm or carriages, strollers or similar devices being used to transport infants or young children, in or on any of the following:
Any public building and the walkway, stairs or grounds of a public building.
Any Town property, public way or part thereof, including the sidewalk if posted by the Town prohibiting such use.
Any private property or part thereof if posted by the owner, lessee or person in charge of the property prohibiting such use.
When the use of any such device is not otherwise prohibited:
A person shall not operate or ride any such device on a street, way or parking lot which is open to motor vehicle traffic so as to endanger or interfere with motor vehicle traffic on any such street, way or parking lot and shall at all times yield the right-of-way to motor vehicle traffic, except as otherwise provided by the traffic laws and regulations of the commonwealth.
Operators or riders of any such device shall yield the right-of-way to other pedestrians using public sidewalks or upon a street or way and shall not otherwise endanger or interfere with pedestrian traffic on a public sidewalk or upon a street or way.
Any person who violates this section shall be fined $25 for the first violation, $50 for the second violation and $100 for every subsequent violation. In addition to any other remedy provided for by law, fines for the violation of this section may be recovered by noncriminal disposition in accordance with MGL c. 40, § 21D.
No person shall coast upon any sidewalk of the Town or upon any public way, except at such times and in such places as may from time to time be designated by the Chief of Police and the Superintendent of the Board of Public Works.
[Amended 11-6-1997 STM by Art. 18]
Except as provided in this section, no person shall sell any food, beverages or merchandise and/or to rent equipment or other things on and from any Town sidewalk. The Board of Selectmen may, from time to time, determine that it is in the public interest to authorize the sale of food, beverages or merchandise on Town sidewalks. Following such determination, any person may submit an application for a permit issued by the Board of Selectmen in the manner provided by this section.
Application for permit; hearing; issuance.
An application for permit under this section shall be submitted to the Board of Selectmen along with a plan detailing the location of tables, chairs and other fixtures or equipment to be used, clearance for sidewalk passage, clearance for access and egress to the property; side property line setbacks; and such other information as the Board of Selectmen may require to demonstrate compliance with this section. The applicant shall submit a complete copy of the application and attachments to the Building Commissioner; Board of Health; Chief of Police; Fire Chief; and Superintendent of Public Works. Upon proof of delivery to the listed Town officers, a hearing before the Board of Selectmen shall be scheduled to be held within less than 14 days. The applicant shall give notice of the hearing by registered mail to all abutting property owners and owners abutting the way directly across from the subject property and its abutting properties by registered mail.
At the hearing, the applicant shall submit proof of delivery of the notice to the Board of Selectmen, along with certification from the Board of Assessors of the persons entitled to notice.
A permit shall be issued to an applicant whose application demonstrates compliance with the standards set forth in this section.
Each permit issued shall specify:
The area in which food, beverages or merchandise may be sold or sidewalk cafe may be operated.
The hours of operation shall begin no earlier than 8:00 a.m. and conclude no later than 8:00 p.m. of the same day.
No tables, chairs or any other furnishings shall be placed in the area used for the sidewalk cafe during any period when the sidewalk cafe or sidewalk sale of merchandise is not open and being operated. All storage of tables, chairs and other furnishings shall be stored inside the business premises.
The sale of food, beverages or merchandise shall only occur on the sidewalk immediately abutting the storefront. No sale of food, beverages or merchandise shall obstruct sidewalk pedestrian traffic, accessibility to vehicles parked adjacent to the curb, or create public health or safety hazards. A forty-eight-inch minimum paved clear dimension for pedestrian use shall be required. Such clearance shall be measured from the face of the curb to the nearest point of the sates area.
Tables, chairs and other furnishings shall not block a required forty-eight-inch minimum pathway serving as access and egress from the store.
No tables, chairs or other furnishings shall be located within the required zoning side yard setbacks.
Sidewalk cafes shall be used only as seating areas. Storage, kitchen or restroom uses are not allowed.
Alcoholic beverages shall not be served, sold or consumed in the public right-of-way.
The applicant shall provide a certificate of insurance showing sufficient coverage for liability resulting from sidewalk sales.
Signs not in conformance with the Zoning Bylaw relative to signs are prohibited.[1]
Editor's Note: See Ch. 198, Zoning.
Lighting shall not be affixed to any vehicle, tree or other Town property.
Noise produced by any audio equipment or other device used to attract attention to the place where the food, beverages or merchandise is being sold shall not be allowed.
The sidewalk area within 100 feet of where food, beverages or merchandise is sold shall be monitored for trash that may be produced by the operation. The permit holder, at its sole expense, shall be responsible for keeping this area clean.
Sidewalks will be required to be swept and washed at the conclusion of business each day by the permit holder. Trash disposal and electricity will be provided from within the establishment.
Permits issued under this section are renewable on January 1 through application to the Board of Selectmen.
The Board of Selectmen shall have the authority to suspend or revoke any permit in the event of a violation of the terms or conditions of this section.
The Board of Selectmen may, after notice to permit holders, public notice and a public hearing determine that it is no longer in the public interest to allow the sale of food, beverages or merchandise on Town sidewalks and may thereupon revoke or refuse to renew all permits issued under this section.
No person shall permit any horse, cattle, sheep, swine or neat animals or other grazing animals to pasture, graze or go at large on any street or public place.
No person shall in any manner affix any bill, placard or poster nor paint, draw or write any words, figures or devices upon any property of the town, not his own, without permission of the owner, bordering on the highway, nor upon any Town property without first obtaining consent of the Selectmen.
No person who is not in the employ of the Town or some office or department thereof having authority so to do shall dig up or excavate or assist in breaking up or digging up or excavating any part of a public street, highway or Town way, or removing any gravel or other similar thing from a public street, highway or Town way, unless he/she has obtained from the Board of Selectmen a written license therefor.
Said licensee shall restore said street, highway or Town way to a condition satisfactory to the Board of Selectmen, and the expense of repairs on said ways rendered necessary by said digging up and occurring within one year thereafter shall be borne by such licensee.
[Added 5-6-1980 ATM by Art. 21]
The Town may make temporary repairs on private ways (commonly referred to an "unaccepted streets") as herein provided.
Such repairs may include the filling of holes in the subsurface of such ways and repairs to the surface materials thereof. Materials for such repairs shall, where practical, be the same as or similar to those used for existing surfaces of such ways.
Repairs may include the installation and construction of drainage.
Petitions for repairs shall contain a description of the repairs, together with an estimate of the cost, be signed by a majority of the abutters and submitted to the Board of Public Works, which, after investigation and determination that said repairs are required by public necessity, may at its discretion recommend that Town Meeting authorize said repairs and appropriate funds therefor. For purposes of this subsection, "a majority of the abutters" shall mean the owners of more than 50% of the frontage.
Betterment charges shall not be assessed for repairs performed hereunder.
The Town shall not be liable on account of any damage caused by repairs made pursuant to this section.
No cash deposit shall be required for repairs made pursuant to this section.
Repairs as provided by this section may be made only on such ways as have been open to the public for 10 years or more.
[Added 1-11-1979 STM by Art. 7]
No person shall pump, siphon or otherwise discharge any water or other liquid substance under his/her control into or across any public street or sidewalk without having first notified the Board of Public Works of such proposed pumping, siphoning or other discharge and having received from the Board of Public Works a written permit authorizing same.