|
March 26, 2018 Annual Town Meeting, cont...
<br /> 2.5 Thin-film single-use plastic bags:Typically with plastic handles, these are bags with a thickness of less
<br /> than 2.25 mils and are intended for single-use transport of purchased products.
<br /> Section 3. Use Regulations
<br /> 3.1 Except as expressly set forth in this Bylaw, thin-film single-use plastic bags shall not be distributed,
<br /> used or sold for checkout or other purposes at any retail or grocery store within the Town of Lexington on or
<br /> after January 1, 2019.
<br /> 3.2 Customers are encouraged to bring their own reusable or biodegradable shopping bags to stores. Retail
<br /> or grocery stores are strongly encouraged to make reusable checkout bags available for sale to customers at a
<br /> reasonable price.
<br /> 3.3 Notwithstanding section 3.1 of this Bylaw, thin-film, single-use plastic bags used to contain dry
<br /> cleaning, newspapers,produce, meat, bulk foods, wet items and other similar merchandise, typically without
<br /> handles, may be distributed, used or sold at any retail or grocery store.
<br /> Section 4. Exceptions
<br /> 4.1 In the event that compliance with this by-law is not feasible by January 1, 2019, for a retail or grocery
<br /> store because of either unavailability of alternative check out bags or economic hardship, Town Manager or
<br /> Town Manager's designee may grant a waiver of not more than six(6) months upon application of the owner or
<br /> owner's representative. The Town Manager or Town Manager's designee may provide one additional 6-month
<br /> waiver upon showing of continued infeasibility or hardship, as set forth above.
<br /> 4.2 This Bylaw shall only apply to retail or grocery stores with a floor area less than 3500 square feet on or
<br /> after July 1, 2019.
<br /> Section 5. Enforcement Process
<br /> Enforcement of this bylaw shall be the responsibility of the Town Manager or Town Manager's designee. The
<br /> Town Manager or Town Manager's designee shall determine the inspection process to be followed,
<br /> incorporating the process into other town duties as appropriate. Any retail or grocery store distributing plastic
<br /> grocery bags in violation of this bylaw shall be subject to a non-criminal disposition fine as specified in
<br /> Appendix A of the Regulations for Enforcement of Town Bylaws under MGL c. 40, §21D. Any such fines shall
<br /> be paid to the Town of Lexington.
<br /> And to amend Appendix A of the Non-Criminal Disposition Bylaw by adding the following:
<br /> Bylaw Fine Schedule Fine Allowed Enforcement Agency
<br /> Plastic Bag Reduction Is`offence Warning Town Manager or Town
<br /> Bylaw 2nd offence $25.00 Manager's designee
<br /> Yd& each subsequent $50.00
<br /> offense
<br /> 8:05 p.m. Ms. Pappo asked to have co-sponsors Joyce Greif, 101 Meriam Street, and Janet Moran,
<br /> 19 Bedford Street, recognized. Ms. Greif explained the purpose of the Article and stated that produce,
<br /> dry cleaning and newspaper bags would be excluded. She described the types of stores that would
<br /> qualify for exemptions to the compliance date of Jan. 1, 2019.
<br /> 8:13 p.m. Doug Lucente, member, Board of Selectmen, gave a brief statement and reported the
<br /> unanimous support of the Board.
<br /> 8:14 p.m. James Shaw, Chair of the Board, Chamber of Commerce, stated support of the
<br /> Chamber.
<br /> 8:15 p.m. Mark Sandeen, Chair, Sustainable Lexington Committee, spoke in support.
<br /> 8:23 p.m. Town Counsel, Mina Mikarious, clarified a question in section 4.2. Questions persisted
<br /> regarding clarification of sections of the Article; typographical errors were noted for correction.
<br /> 8:26 p.m. The Moderator called a brief recess to confer with Town Counsel.
<br /> 8:35 p.m. The Moderator called the meeting back to order, and state that a friendly Amendment
<br /> had been offered to replace the sentence in section 4.2. with the wording, "4.2. In the case of retail or
<br /> grocery stores with a floor area less than 3500 square feet, this Bylaw shall not go into effect until July
<br /> 1, 2019."
<br /> 8:42 p.m. Debate continued on Sections 4 and 5. David Kanter, Pct. 7, requested a vote on the
<br /> friendly Amendment. The Moderator declined.
<br /> 8:49 p.m. Robert Avallone, Pct. 8, offered a second friendly amendment—to the Table in
<br /> Section 5. He suggested that the reference to $25 and $50 be accompanied by the words, `per day".
<br /> 8:51p.m. With the addition of the second amendment, the Moderator called for a vote on the two
<br /> friendly Amendments and the correction of two typographical errors of the word "offence" in the
<br /> Table in Section 5.
<br /> AMENDMENT:
<br /> That section 4.2 be replaced by:
<br /> "4.2. In the case of retail or grocery stores with a floor area less than 3500 square feet, this
<br /> Bylaw shall not go into effect until July 1, 2019."
<br />
|