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*DRAFT . MAY 2020 TOWN MEETING WARRANT* Page 38 <br /> stores, retail stores and vendors selling clothing, food, and personal items, dry cleaning <br /> services, theaters and all other food services establishmients. <br /> "Public Venues" shall mean operations including but not limited to schools, meeting halls, <br /> churches,Town offices, the Senior Center,, Recreation Department facilities, and the Library. <br /> #-3. Use Regulations <br /> Expanded polystyrene foam disposable food service containers and new polystyrene packing <br /> peanuts shall not be used or sold by food establishments and, retail establishments within the <br /> 'Town of Mashpee on or after June 1, 2021. Any stock remaining after that date shall be accepted <br /> for diisplosal free of charge, through June 30, 2,021, at the Mashpee Transfer Stati,on/Recycling <br /> Center. <br /> This bylaw shall not a,pply too. <br /> 1. Polystyrene packing peanuts and foam packaging reused from shipments coming to <br /> Mashpee from an oust-of- ran supplier. <br /> 2. Prepackaged meat and produce trays, egg cartons, and othier food or beverage,products <br /> bought from a wholesaler or an, out-of-own supplier. <br /> 3. Polystyrene foam freezer chests. <br /> #-4. Enforcement <br /> Any enforcing person shall have the right to enter any establishment during regular business hours, <br /> without a search or inspection warrant,to make reasonable inspection to ascertain, whether there <br /> 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 through any lawful means in <br /> law or in equity, including, but not limited to, noncriminal disposition pursuant to MGL c. 401, §21D <br /> and [add a propriate chapter of the Town, s General By-laws]. Any establishment which violates <br /> any provision of this bylaw shall be subject to the following penalties: <br /> First Offense: $too,fine <br /> Second Oiffenise: $200 fine <br /> Third and Subsequent Offenses-. $3oo fine for each offense <br /> Offenses occurring within two years of the date of first reported offense will be considered as <br /> subsequent offenses. Each day or portion thereof shall constitute a separate offense, to do or <br /> act thereon. <br /> The Board of Health, after a hearing conducted in accordance with the procedures set forth in <br /> 105 CIVIR 590.14 and 590.15, may suspend or revoke th,e food service permit for any <br /> establishment failing to, comply with this bylaw. <br /> #-5. Severability <br /> If any provision of this ordinance shall be held to be invalid by a court of competent Jurisdiction,then <br /> such provision shall be considered separately and apart from the remaining provisions of thiis <br /> ordinance, which shall remain in full force and effect. <br /> Submitted by the Environmental Oversight Committee <br />