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E. The Town Manager or designee may prior to the effective date of this ordinance engage <br /> in any outreach process to establishments concerning this ordinance and exempt an <br /> establishment from the requirements of §126-3A for a period of not more than one year <br /> upon the establishment's showing, in writing, that this By-law would create an undue <br /> hardship or practical difficulty not generally applicable to other persons in similar <br /> circumstances. The decision to grant or deny an exemption shall be in writing and the <br /> Town Manager's decision shall be final. <br /> 126-4 Reusable Bag Policy: <br /> Notwithstanding the provisions of §126-3B,an establishment shall provide a reusable bag at no <br /> cost upon the request of a customer who uses a voucher issued under the Special Supplemental <br /> Food Program for Women, Infant and Children (WIC) pursuant to M.G.L. c. 111.Customers are <br /> encouraged to bring their own reusable shopping bags to stores. Establishments may provide <br /> reusable bags at no charge, or charge a reasonable fee for each paper or other bag, as they desire. <br /> Establishments are strongly encouraged to make reusable bags available for sale to customers at <br /> a reasonable price. <br /> 126-5 Time to Take Effect: <br /> In addition to the exemption provided in §126-313, in order to further assist existing <br /> establishments in complying with this ordinance by phasing out the use of single-use plastic <br /> carryout bags over a period of 12 months from the effective date this ordinance, this ordinance <br /> shall take effect after 12 months from the date of its adoption. <br /> 126-6 Inspection and Enforcement: <br /> Any enforcing person shall have the right to enter any establishment during regular business <br /> hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether <br /> there is compliance with the provisions of this chapter. Upon finding a violation of this chapter <br /> an enforcing person shall issue a written warning notice to the operator of the establishment that <br /> a violation has occurred and the potential penalties that will apply for future violations. This <br /> article may be enforced by any Town police officer or agents of the Board of Health. This article <br /> may be enforced through any lawful means in law or in equity, including, but not limited to, <br /> noncriminal disposition pursuant to MGL c. 40, §21D and appropriate chapter of the Town's <br /> General By-laws. <br /> 126-7 Violations and Penalties: <br /> Any establishment that violates or fails to comply with this chapter shall be subject to the <br /> following penalties to be enforced in law or equity by any means, including without limitation <br /> noncriminal disposition pursuant to G. L. c. 40 § 21D, provided that no more than one (1) <br /> penalty after written warning shall be imposed upon an establishment within a seven (7) day <br /> calendar day period: First Offense: $50.00 fine. Second Offense: $100.00 fine. Third and <br /> Subsequent Offense: $200.00 and the Town may in its discretion publish the fine on its web site <br /> after the third and subsequent offense. <br /> 22 <br />