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officer or agents of the Board of Health. This article may be enforced through any lawful means in law or in equity, including, but not limited to, noncriminal disposition pursuant to MGL c. 40, §21D and appropriate chapter of the Town's General By-laws. 126-7 Violations and Penalties: Any establishment that violates or fails to comply with this chapter shall be subject to the following penalties to be enforced in law or equity by any means, including without limitation noncriminal disposition pursuant to G. L. c. 40 § 21D, provided that no more than one (1) penalty after written warning shall be imposed upon an establishment within a seven (7) day calendar day period: First Offense: $50.00 fine. Second Offense: $100.00 fine. Third and Subsequent Offense: $200.00 and the Town may in its discretion publish the fine on its web site after the third and subsequent offense. 126-8 Severability: If any provision of this ordinance 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 ordinance, which shall remain in full force and effect. Submitted by Environmental Oversight Committee Explanation: The production, use and disposition of single -use plastic bags, including bags made of high - density polyethylene, low -density polyethylene, "biodegradable," "compostable" or "oxo- biodegradable" materials, have significant impacts on the marine and terrestrial environment of all coastal communities, including but not limited to: 1) Contributing to the injury and even death of marine and terrestrial animals through ingestion and entanglement; 2) Contributing to pollution and degradation of the terrestrial and coastal environment; 3) Clogging our storm drainage systems; 4) Creating mechanical and disposal burdens for solid waste collection and recycling facilities; and 5) Requiring the use of millions of barrels of non- renewable, polluting, fossil fuel nationally for their manufacture. Studies have shown that even those plastic bags made from "biodegradable," "compostable" or "oxo- biodegradable" materials, which all require very specific and controlled environments to fulfill their claims, are for all intents and purposes identical to single -use high or low -density polyethylene plastic bags in their potential impacts to the environment as set forth above. Bags of these types are therefore also subject to the requirements herein. The goal of this By-law is to join neighboring towns on Cape Cod in protecting, conserving, and enhancing our unique natural beauty and irreplaceable natural resources by phasing out, within the retail sector, the use of certain single -use plastic bags, as defined herein, and by encouraging the use of reusable bags within the retail and municipal sectors. Therefore, the Town of Mashpee seeks to phase out the use of single -use plastic bags by December 31, 2017. The Board of Selectmen recommends Town Meeting approval by a vote of 5-0. The Finance Committee recommends Town Meeting approval by a vote of 5-1. Motion and accepted to dispense with reading of article at 8:07 PM. Motion made by Selectman Andrew Gottlieb. Motion: I move the Town vote to approve Article 26 as written in the Warrant, with the exception of the phrase "or take any other action relating thereto." Motion made to amend from 4 mill to 1.5 mill. Motion to amend passes for 86 against 53 at 8:21 PM. Amended motion passes 8:22 PM. Article 27 To see if the Town will vote to authorize the Board of Selectmen to acquire, by gift or otherwise, title to that certain parcel of land identified on Mashpee Assessor's Map 62 as Parcel 25 and located at 46 Arabic Avenue in Mashpee, Barnstable County, Massachusetts, consisting of 0.229 acres, more or less, for general municipal purposes, and to authorize the Board of Selectmen to enter into all agreements and execute any 78