10/21/2019 BOARD OF SELECTMEN Agenda Packet

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§126-16 Use Regulations Plastic Straws shall not be used, dispensed or sold by food establishments and/or retail establishments within the Town of Mashpee on or after July 1, 2021. Any stock remaining after that date shall be accepted for disposal free of charge, through June 30, 2021 at the Mashpee Transfer Station/Recycling Center. §126-17 Administration and Enforcement Any enforcing person shall have the right to enter any Retail Establishment or Public Venue during regular business hours, without a search or inspection warrant, to make reasonable inspection to ascertain whether there is compliance with the provisions of this Chapter. This article may be enforced by any Town police officer or agents of the Board of Health. This article may be enforced though any lawful means in law or in equity, including, but not limited to noncriminal disposition pursuant to MGL. c. 40, §21D and General Bylaws, Chapter 1,Article III, §1-3. Any establishment which violates any provision of this bylaw shall be subject to the following penalties: First Offense: $100 fine Second Offense: $200 fine Third and Subsequent Offenses: $300 fine for each offense Each day, or portion thereof, during which a violation of this Chapter occurs shall constitute a separate offense hereunder. The Board of Health, after a hearing conducted in accordance with the procedures set forth in 105 CMR 590.14 and 590.15, may suspend or revoke the food service permit for any establishment failing to comply with this Bylaw. §12 6-18 Seve ra b i l ity If any provision of this Bylaw shall be held to be invalid by a court of competent jurisdiction, then such provision shall be considered separately and apart from the remaining provisions of this Bylaw, which shall remain in full force and effect. Submitted by the Board of Selectmen Explanation: This article seeks to protect the natural environment, the economy, and the health of the Town and its citizens, by prohibiting the sale or dispensing of single use plastic straws, including those made from polyethylene, polypropylene, and polystyrene, by any food establishment, retail establishment, or public venue in the Town of Mashpee. The Board of Selectmen recommends approval of Article 6 by a vote of 4-0 The Finance Committee recommends approval of Article 6 by a vote of 6-0 MOTION TO BE MADE BY SELECTMAN GOTTLIEB: I move the Town vote to approve Article 6 as printed in the warrant with the exception of the phrase, "or take any other action relating thereto." 14