Town of Orleans, MA
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2023-05-08
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Division 1: Town Meeting Enactments
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Part II: General Legislation
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Chapter 129 Plastic Container Prohibition
- The Charter
- Ch C Charter
- Division 1: Town Meeting Enactments
- Part I: Administrative Legislation
- Ch 1 General Provisions
- Ch 4 Betterment Assessments
- Ch 5 Septic Betterment
- Ch 6 Sewer Assessment
- Ch 8 Commission on Disabilities
- Ch 17 (Reserved)
- Ch 20 Finances
- Ch 21 Fire Lanes
- Ch 23 Gas Inspector
- Ch 33 Official Town Plan
- Ch 35 Open Space Committee
- Ch 38 Park Commissioners
- Ch 40 Personnel
- Ch 52 Traffic and Parking Study Committee
- Ch 52A Naming/Dedication of Town Property
- Ch 53 Historical Commission
- Ch 57 Waterways Improvement and Shellfish Advisory Committee
- Part II: General Legislation
- Ch 62 Alarm Systems
- Ch 63 Alcoholic Beverages
- Ch 64 (Reserved)
- Ch 65 Amusements
- Ch 69 (Reserved)
- Ch 78 Cigarette Vending Machines
- Ch 81 Community Preservation Committee
- Ch 82 Departmental Revolving Funds
- Ch 85 Animal Control
- Ch 87 Driveway Curb Cuts and Road Opening
- Ch 88 Drainage and Erosion and Sediment Control
- Ch 89 Parking
- Ch 90 Emergency Access
- Ch 94 Fees
- Ch 95 Single-Use Plastic Bags
- Ch 95A Ambulance and Emergency Services
- Ch 96 Polystyrene Reduction
- Ch 97 Prohibition on Sale and Use of Balloons
- Ch 100 Handicapped Parking
- Ch 102 Herbicides
- Ch 103 Fertilizer Nitrogen and Phosphorus Control
- Ch 104 Affordable Housing Trust
- Ch 106 Demolition of Historical Structure
- Ch 120 Noise
- Ch 122 Outdoor Lighting
- Ch 124 Peace and Good Order
- Ch 125 Littering
- Ch 126 Public Consumption of Marijuana
- Ch 127 Public Trees
- Ch 129 Plastic Container Prohibition
- § 129-1 Prohibition; exemptions.
- § 129-2 Commercial use—single-use plastic water bottle ban.
- Ch 130 Recycling
- Ch 131 Stretch Energy Code
- Ch 132 Registration of Rental Properties
- Ch 137 Sales
- Ch 138 Secondhand Dealers and Secondhand Collectors
- Ch 139 Scenic Roads
- Ch 140 Right to Farm and Fish
- Ch 142 Shellfish
- Ch 144 (Reserved)
- Ch 145 Street Numbering
- Ch 147 Swimming Pool Fencing
- Ch 148 Illicit Discharges
- Ch 158 Water
- Ch 159 Waterways
- Ch 160 Wetlands
- Ch 164 Zoning
- Division 2: Selectmen's Regulations
- Ch 168 (Reserved)
- Ch 170 Betterment Procedures
- Ch 171 False Alarms
- Ch 172 Fees
- Ch 173 Hawker and Peddler License Rules and Regulations
- Ch 174 Public Ways Over Private Property
- Ch 175 Town of Orleans Rules and Regulations of the Liquor Licensing Authority
- Ch 176 Shellfish
- Ch 178 Town-Owned Buildings, Use of
- Ch 179 Traffic Regulations
- Ch 181 (Reserved)
- Division 3: Miscellaneous Regulations
- Ch 185 Board of Health Regulations
- Ch 187 (Reserved)
- Ch 188 Housing Authority
- Ch 190 (Reserved)
- Ch 191 Planning Board Rules and Regulations
- Ch 192 Subdivision Rules and Regulations
- Ch 194 Town Meetings
- Ch 196 Water Department Rules and Regulations
- Ch 196A Wetlands Regulations
- Ch 197 Zoning Board of Appeals Rules and Practices
- Appendix
- Ch A198 General Laws and Special Acts
- Ch A199 Cape Cod Regional Technical High School Agreement
- Ch A200 Intermunicipal Agreement Between the Towns of Orleans, Brewster and Eastham for the Construction, Management and Operation of a Septage Treatment Facility
- Ch A201 Nauset Regional School District Agreement
- Ch A202 Old KING’S Highway Regional Historic District Commission Bulletin
- Ch A203 Policy Statements
- Disposition List
- Ch DL Disposition List
[HISTORY: Adopted by the 5-13-2019 Annual Town Meeting, Art. 62. Amendments noted where applicable.]
A.
Effective
September 1, 2020, the procurement by the Town of Orleans of either
water or any other beverage in plastic containers of any size is prohibited,
and the sale of water or any beverage in plastic containers is prohibited
on Town property.
B.
Any Town
department when engaged in public safety operations shall be exempt
from this bylaw.
C.
In the
event of a declaration (by Emergency Management Director, or other
duly-authorized Town, commonwealth, or United States official) of
an emergency affecting the availability and/or quality of drinking
water for Orleans residents, the Town shall be exempt from this bylaw
until seven (7) calendar days after such declaration has ended.
[Added 10-31-2020 STM by Art. 41]
A.
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 one gallon in the
Town of Orleans. Enforcement of this regulation will begin September
1, 2021.
B.
Definitions. A single-use plastic bottle is a beverage container
made from any type of plastic resin.
C.
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.
D.
Enforcement.
(1)
Enforcement of this article shall be the responsibility of the Board
of Health or its designee. The Board of Health shall determine the
inspection process to be followed, 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 MGL c. 40, § 21D. The following penalties
apply:
(2)
Each day a violation continues constitutes a separate violation,
incurring additional fines.
(3)
Any such fines collected shall be payable to the Town of Orleans.
(4)
All businesses will be routinely inspected until the Board of Health
deems the inspection to no longer be required.
