Town of Swansea, MA
Bristol County
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[HISTORY: Adopted by the Town Meeting of the Town of Swansea as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-20-2013 ATM by Art. 34 (Ch. 8, Art. III, of the 1988 Revised General Bylaws)]
For the purpose of controlling noise and ensuring public order and safety, no business entity, whether individual, partnership or corporation, for which a substantial portion of its revenue stems from the sale of retail commodities or goods, exclusive of food or fuel products, may operate between the hours of 12 ante meridian and four ante meridian.
The Select Board, should it determine it to be in the interests of public safety, may waive the restrictions of this article for any drug store, pharmacy or apothecary that dispenses prescription medication and that seeks such a waiver.
Further, a business entity shall be exempt from the restrictions of this article under the following circumstances:
A. 
The business entity submits an application along with a safety plan to the Select Board detailing the days, and the hours thereof, for which it seeks an exemption from this article, said application to be submitted at least 60 days prior to the earliest date for which an exemption is sought;
B. 
The Select Board requests that the Chief of Police, or his designee, conduct a public safety review, in which past and predicted customer volume and traffic would be utilized in order to determine the appropriate number of police officers that would need to be detailed to the business entity in order to ensure public safety and order during the time period that is stipulated in the application, said public safety review to be completed at least 45 days prior to the earliest date for which an exemption is sought;
C. 
The Select Board, at least 30 days prior to the earliest date for which an exemption is sought, provides the business entity with the cost of providing the necessary police detail(s) for the time period that is stipulated in the application; and
D. 
The business entity pays to the Town the entire cost of the assigned police detail(s) at least 15 days prior to the earliest date for which an exemption is sought.
A. 
Each minute of operation in violation of this Bylaw shall be considered a separate offense. Violations of this Bylaw shall be punishable by a tiered schedule of fines as follows:
(1) 
$100 per violation for the first 30 violations during any given day;
(2) 
$200 per violation for the 31st through 60th violations during any given day;
(3) 
$300 per violation for any violation after the 60th violation during any given day
B. 
Violations may be enforced, at the discretion of the enforcing entity, pursuant to the noncriminal disposition method promulgated in MGL c. 40, § 21D and Swansea Noncriminal Disposition Bylaw.[1]
[1]
Editor's Note: See Ch. 48, Art. III.