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HomeMy Public PortalAbout2020-09-12 AG Approved Bylaw Posting Posted 12 / 21 / 2020 at: Town of Brewster Posted Town Offices 2198 Main Street Dec . 21 , 2020 some Police Station Please do not remove Captains Golf Course until Jan . 5 , 2021 Council on Aging Bylaw Amendments Ladies Library NOTICE Massachusetts General Laws , Chapter 40 , Section 32 as amended requires that the foregoing posting include the following information : The amendments to the General Bylaws adopted under Articles 21 and 22 , , of the Annual Town Meeting held , September 12 , 2020 have been approved as follows by the Attorney General : TOWN CODE AMENDMENT / Placement of Articles ARTICLE NO , 21 : To see if the Town will vote to amend the Code of the Town of Brewster , Chapter 48 , by revising Section 10 by inserting the underlined text, as follows ; § 48 - 10 Placement of articles . The Town will address the placement of articles on the Town Meeting warrant by lottery on the Town Meeting floor . All articles , excepting the Town ' s operating budget , the schools operating budget, Capital and Special Project Expenditures , Community Preservation Articles , transfer from Capital Stabilization fund , transfer from General Stabilization fund , the consent calendar and debt obligation articles shall be placed in a " fish bowl " or other suitable container to be drawn randomly by the Town Moderator , and each article shall be considered according to the order in which it is drawn ; provided , however , that articles deemed by the Moderator to be substantively related and best acted upon together , or articles so identified in the warrant, may in the Moderator 's discretion be treated as a single article for purposes of such drawing . Or to take any other action related thereto . (Board of Selectmen) (Majority Vote Required) Adopted by a Majority under the Consent Calendar, CITIZEN PETITON / Commercial Single -Use Plastic Water Bottle Ban ARTICLE NO . 22 : To see if the Town will vote to adopt the following as a general by- law and to insert it into the Code of the Town of Brewster Massachusetts . Section 1 . Sale of Single - use Plastic Water Bottles Effective on September 1 , 2021 , it shall be unlawful to sell non- carbonated , unflavored drinking water in single - use plastic bottles of less than 1 gallon in the Town of Brewster . Enforcement of this regulation will begin September 1 , 2021 . Section 2 . Definitions A single -use plastic bottle is a beverage container made from any type of plastic resin . Section 3 . Exemptions Sales or distribution of non - carbonated , unflavored drinking water in single -use plastic bottles occurring subsequent to a declaration of emergency (by the Emergency Management Director or other duly authorized Town , County, Commonwealth or Federal Official) affecting the availability and / or quality of drinking water to residents of the Town shall be exempt from this bylaw until seven days after the declaration has ended . Section 4 . Enforcement Enforcement of this article shall be the responsibility of the Town Manager or his / her designee . The Town Manager shall determine the inspection process to be followed , j 1 incorporating the process into other Town duties as appropriate . Any establishment conducting sales in violation of this article shall be subject to a non- criminal disposition fine as specified in G . L . Chapter 40 § 21D . The following penalties apply : • First violation : Written warning • Second violation : $ 150 fine • Third and subsequent violation : $ 300 fine Each day a violation continues constitutes a separate violation , incurring additional fines . Any such fines collected shall be payable to the Town of Brewster . Rationale : Single -use plastic bottles impact environmental health , and the health and longevity of other species , who may ingest plastic as food . Ultimately , plastic re - enters the human food chain where the adverse consequences are both know and emerging . Plastics pollute and impact our environment across their lifecycle from production to use to disposal . Over 1 , 500 single - use plastic water bottles are used and discarded in the U . S . per second . Elimination of the use of single -use plastic water bottles will have a significant impact on future plastic - based pollution including the nation 's greenhouse gas footprint and is consistent with protection of the natural environment in Brewster , Barnstable County , our nation and our earth , which we have a common responsibility to protect and steward . ( Citizen Petition) (Majority Vote Required) Citizen Vic Roberts : I move to approve Article No . 22 as printed in the warrant . Citizen Pat Hughes : I move to refer Article No . 22 to committee . Action on Pat Hughes motion : Defeated . Counted ; 82 -Yes - 165 - No Select Board Member Ben deRuvter: I move to amend Article No . 22 to replace the 2 instances of Town Manager with Town Administrator . i 3 Action on Amendment by Ben deRuvter: Adopted by a Majority. Voter Cards . Action on Amended Main Motion : Adopted by a Majority . Voter Cards . ? I A True Copy Attest . Colette M . Williams CMC / CMMC Town Clerk Brewster, MA The invalidity by reason of any defect in the procedure or adoption of the amendments may j only be made within ninety days of such posting . Copies of amendments to the Bylaws may be examined and obtained at the Town Clerks Office , 2198 Main Street, Brewster , Massachusetts i