[HISTORY: Adopted by the Annual Town Meeting of the Town of Yarmouth 4-25-2023 by Art. 35, approved 8-8-2023. Amendments noted where applicable.]
Effective on December 31, 2023, 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 Yarmouth. Enforcement of this regulation will begin December 31, 2023.
A single-use plastic bottle is a beverage container made from any type of plastic resin, which may contain recycled material, and may be sold as recyclable, biodegradable, or compostable.
Sales or distribution of non-carbonated, unflavored drinking water in single-use plastic bottles occurring subsequent to a declaration (by the Emergency Management Director or other duly authorized Town, County, Commonwealth or Federal official) of an emergency 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.
A. 
Enforcement of this article shall be the responsibility of the Town Administrator or his/her designee. The Town Administrator shall determine the inspection process to be followed, incorporating the process into other Town duties as appropriate.
B. 
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 § 21D. The following penalties apply:
(1) 
First violation: written warning.
(2) 
Second violation: $150 fine.
(3) 
Third and subsequent violations: $300 fine.
C. 
Any such fines collected shall be payable to the Town of Yarmouth. Each day the violation continues constitutes a separate violation. After detection of an initial violation, the designated inspection authority will be required to verify subsequent compliance until compliance with this bylaw is established. All businesses will be routinely inspected until the Town Administrator deems the inspection to be no longer required.