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 Falmouth. Enforcement of this
regulation will begin September 1, 2021.
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.
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, 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. c. 40 § 21 D. The following penalties
apply: First violation, Written warning; Second violation, $150 fine;
Third and subsequent violations, $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 Falmouth. All
businesses will be routinely inspected until the Town Manager deems
the inspection to no longer be required.