Announcement:
The following bylaw changes, which were accepted at the Fairhaven Annual Town Meeting which convened on May 6, 2023, have been approved by the Office of the Attorney General, are published herewith in accordance with the current regulations. Claims of invalidity of any of the amendments to the bylaw by reason of any defect in the procedure of the adoption or replacement may only be made within ninety days of this announcement.
Copies of the bylaw may be examined at the Town Clerk’s Office, 40 Center Street, Fairhaven, MA
ARTICLE 19: AMEND BYLAWS, CHAPTER 192 WETLANDS § 10.A
By majority vote, the Town voted to amend Bylaws, Chapter 192 § 10.A by adding the following sentence in bold, underlined to the current language:
1. With prior approval of the property owner or other legal authority as provided by law, the Conservation Commission, its agents, officers and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this chapter and make or cause to be made such examinations, surveys or samplings as the Commission deems necessary.
Or take any other action relative thereto.
ARTICLE 20: AMEND BYLAWS, CHAPTER 1 GENERAL PROVISIONS § 1-6.D (10) (a) AND CHAPTER 192 WETLANDS § 10.B AND CHAPTER 192 WETLANDS § 10.C
By majority vote, the Town voted to amend Bylaws, Chapter 1 § 1-6.D (10) (a) by striking the existing language and replacing it with the following:
(a) Enforcing person(s): the Chair of the Conservation Commission or the Commission’s agent and/or as designated by the Conservation Commission. Conservation Agent with a majority vote of the Conservation Commission. In the absence of a Conservation Agent, a majority vote of the Conservation Commission shall be the enforcing entity.
And, further to amend Bylaws Chapter 192 § 10.B and § 10.C as follows:
B. The Commission shall have authority to enforce this chapter, its regulations and permits issued thereunder by violation notices, and administrative orders and civil and criminal court actions.
C. Upon request of the Commission, the Select Board and Town Counsel shall take legal action as the Select Board determines to be necessary for enforce ment under civil law. Upon request of the Commission, the Chief of Police shall take legal action for enforcement under criminal law.
Or take any other action relative thereto.
ARTICLE 21: AMEND BYLAWS, CHAPTER 164 SOLID WASTE
By majority vote, the Town voted to amend The Town of Fairhaven General By-Laws Chapter 164 Solid Waste by adding a new section, § 11, Single-Use Plastic Reduction as follows, or to take any other action relative thereto effective January 1, 2024.
A. Purpose
The Town seeks to reduce and eliminate the use of single-use plastic bags, polystyrene and expanded polystyrene (Styrofoam) disposable food containers, and to promote the use of reusable alternatives. This bylaw is enacted to protect the health, safety and welfare of the inhabitants of the Town by protecting the environment, advancing solid waste reduction, reducing greenhouse gas emissions, and protecting waterways.
B. General Prohibition and Regulation.
No retail establishment, retail food establishment, nonprofit and/or Town facility food provider shall transfer merchandise to end consumers in a thin- film single-use plastic bag, and shall only use check-out bags that are:
a. Reusable checkout bags
b. Recyclable paper bags.
1. No retail establishment, or retail food establishment, nonprofit and/or Town facility food provider shall transfer prepared food to consumers in polystyrene or expanded polystyrene disposable food service ware. No retail establishment shall sell cups, coolers, ice chests, or similar containers made in whole or in any part with foam polystyrene that is not wholly encapsulated within a more durable material.
2. No retail establishment, or retail food establishment, nonprofit and/or Town facility food provider shall automatically provide single use plastics straws, stirrers, splash sticks, or cutlery to customers unless requested by the customer for health reasons or other.
C. Penalties and enforcement.
1. Any person, firm or corporation who violates or refuses to comply with any applicable provision of this bylaw shall be fined a sum not to exceed two-hundred dollars ($200) for each such violation.
2. This bylaw may be enforced by the Town Administrator or his/her designee or the Health Agent by the noncriminal disposition method under MGL c. 40, § 21D, in which case the penalties shall be as follows: first violation – written warning, second violation fifty dollar ($50), third one-hundred dollars ($100), and subsequent violations two-hundred dollars ($200) each day that any violation is permitted to exist after written notification thereof by the Town Administrator or his/her designee or Health Agent shall constitute a separate offense. The Town shall be the beneficiary of all fines and penalties paid, including the costs of prosecuting any legal action if allowable by law.
Exemptions. This bylaw shall not apply to the following items:
1. Flexible transparent covering (commonly referred to as “plastic wrap”).
2. Thin-film plastic bags used to contain produce, dry cleaning, dog waste or newspapers.
3. Foods or merchandise prepared or packaged outside the Town of Fairhaven for transfer to consumers in the Town of Fairhaven.
ARTICLE 22: AMEND BYLAWS, CHAPTER 83 ALCOHOLIC BEVERAGES AND DRUGS
By majority vote, the Town voted to adopt the following ban on the sale of miniature single use containers for alcoholic beverages as a general by-law and to add into the Fairhaven Town Bylaw Chapter 83 Alcohol Beverages and Drugs a new section, § 5, Prohibit Sale of Alcohol “Nip” Bottles. The sale of alcoholic beverages in containers less than or equal to 100 milliliters is prohibited within the Town of Fairhaven effective January 1, 2024 or to take any action relative there to.
Elisabeth E. Horan, Interim Town Clerk, Fairhaven
FNN, 10/19/23, 10/26/23
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Click here to download the 10/19/23 issue: 10-19-23 FireOpenHouse
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