More About Article 38: Drinking Water in Single-Serving PET Bottles Bylaw

DRINKING WATER IN SINGLE-SERVING PET BOTTLES BYLAW

By Petition, Sponsored by Jean Hill, 24 Concord Greene, (978)369-7782 

To determine whether the Town of Concord will vote to amend the Town Bylaws by adding a provision for the sale of drinking water in PET bottles, as follows:

Section 1. Sale of Drinking Water in Single-Serving PET Bottles

It shall be unlawful to sell non-sparkling, unflavored drinking water in single-serving polyethylene terephthalate (PET) bottles of 1 liter (34 ounces) or less in the Town of Concord on or after January 1, 2012.

Section 2. Exemption

Sales occurring subsequent to a declaration of an emergency adversely affecting the availability and/or quality of drinking water to Concord residents by the Fire Chief or other duly-authorized Town, Commonwealth or United States official shall be exempt from this Bylaw until seven days after such declaration has ended.

Section 3. Enforcement

Enforcement of this Bylaw shall be the responsibility of the Concord Health Department or any other Town Department, as determined by the Town Manager, which shall make random inspections of food and beverage purveyors not less frequently than once every six months. Any establishment conducting sales in violation of this Bylaw shall be subject to a non-criminal disposition fine as specified in Appendix A of the Regulations for the Enforcement of Town Bylaws under M.G.L. Chapter 40, §21D and the Bylaw for Non-Criminal Disposition of Violations adopted under Article 47 of the 1984 Town Meeting, as amended. Any such fines shall be paid to the Town of Concord.

Section 4. Suspension 

If the Town Manager determines that the cost of implementing and enforcing this Bylaw has become unreasonable, then the Town Manager shall so advise the Board of Selectmen and the Board of Selectmen shall conduct a Public Hearing to inform the citizens of such costs.  Subsequent to the Public Hearing, the Board of Selectmen may continue this Bylaw in force or may suspend it permanently or for such length of time as they may determine. Or take any other action relative thereto.