HomeMy Public PortalAbout2020-09-12 AG Approved Bylaw Posting Posted 12 / 21 / 2020 at: Town of Brewster Posted
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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
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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 .
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Action on Amendment by Ben deRuvter: Adopted by a Majority. Voter Cards .
Action on Amended Main Motion : Adopted by a Majority . Voter Cards . ?
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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
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