Laserfiche WebLink
§126-12. Enforcement <br /> Any enforcing person shall have the right to enter any Food 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. This article may be enforced by any Town police <br /> officer or agents of the Board of Health. This article may be enforced though any lawful means in law <br /> or in equity, including, but not limited to noncriminal disposition pursuant to MGL. c. 40, §21D and <br /> General By-laws, Chapter 1, Article III, §1-3. Any establishment which violates any provision of this bylaw <br /> shall be subject to the following penalties: <br /> First Offense: $100 fine <br /> Second Offense: $200 fine <br /> Third and Subsequent Offenses: $300 fine for each offense <br /> Each day, or portion thereof, during which a violation of this Chapter occurs shall constitute a separate <br /> offense hereunder. <br /> The Board of Health, after a hearing conducted in accordance with the procedures set forth in 105 CMR <br /> 590.14 and 590.15, may suspend or revoke the food service permit for any establishment failing to comply <br /> with this Bylaw. <br /> §126-13. Severability <br /> If any provision of this Bylaw shall be held to be invalid by a court of competent jurisdiction, then such <br /> provision shall be considered separately and apart from the remaining provisions of this Bylaw, which shall <br /> remain in full force and effect. <br /> Submitted by the Board of Selectmen <br /> Explanation: This article seeks to protect the health of its citizens and the unique natural beauty and <br /> irreplaceable natural resources of the Town of Mashpee, and given that inexpensive, safe alternatives <br /> to polystyrene are easily obtained, by phasing out the use of certain polystyrene plastics in the near <br /> future. <br /> The Board of Selectmen recommends approval of Article 5 by a vote of 4-0 <br /> The Finance Committee recommends approval of Article 5 by a vote of 5-1 <br /> MOTION TO BE MADE BY SELECTMAN WEEDEN: <br /> move the Town vote to approve Article 5 as printed in the warrant with the <br /> exception of the phrase, "or take any other action relating thereto." <br /> 12 <br />