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CITY OF EASTHAMPTON OFFICE OF THE CITY COUNCIL Easthampton Municipal Building 50 Payson Ave., Ste. 100 ECEIVE|D) Easthampton, Massachusetts 010 NOV 15 2018 Telephone #: (413) 529-1460 Fax #: (413) 529-1417 Councilors, Office of the City Council Easthampton. MA Attached are documents for consideration for review by the ordinance subcommittee and subse- quent adoption by the council These documents include suggested amendments chapter 6, section 6-12, “consumption of alco- holic beverages on public ways” (amended language in bold). My suggested amendments include increasing the fine to one hundred dollars, and a fine up to three hundred dollar for open container ina school or daycare zone. I have also added a municipal open container in vehicle ordinance, as we do not currently have one enforceable by the city. In order to create parity with cannabis, as well as to address some very reasonable concerns that have arisen with our development of cannabis related policy within the city, I am recommending adoption of proposed, chapter 6, section 6-22, “consumption of cannabis on public ways”. ‘This section creates a cannabis open container policy that runs parallel to how we manage the same issue with aleohol. Please note, that I do not intend the inclusion of enforcement around state licensed dayeares in these ordinances to reopen a discussion around our retail and cultivation buffers. The argument here is that there is no inherent harm from either sales or cultivation, but there is tangible harm from exposure to consumption and products of consumption. ‘This was the crux of the discussion around our buffers, but mistakenly attributed to the presence of these businesses. tis my intent to address the very real concerns around public consumption of cannabis within our city, as it not only creates a nuisance, but unreasonably exposes everyone in our city to cannabis. products against their will, I think this fairly addresses my, and other members of the public and local government, concems around this issue. I appreciate Chief Alberti’s help with crafting this language. Thank you for your consideration, Owen Zaret City Councilor AtLarge Amend City Ordinances, Chapter 6, Section 6-12, Consumption of alcoholic heverages on public wavs (amendments shown as bald): Possessing open container of alcohol, drinking on sireets, sidewalks, parking lots, playgrounds, parks or cemeteries owned or maintained by the City of Easthampton. a. No person shall consume any alcoholic beverage, nor possess or transport any open can, bottle, or other container containing an alcoholic beverage on any city street or sidewalks ‘owned and/or maintained by the City of Easthampton, b. No person shall consume any alcoholic beverage, nor possess or transport any open can, bottle, or other container containing an alcoholic beverage in any parking lot owned and/or maintained by the City of Easthampton; including but not limited to the Cottage Street Municipal Parking Lot, Millside Park. ¢. No person shall consume any alcoholic beverage, nor possess or transport any open can, bottle, or other container containing an alcoholic beverage on any playground ot park; in- cluding but not limited to, Nonotuck Park, Pleasant Green, Millside Park, all city owned property abutting the Nashawannuck Pond, the Manhan Rail Trail, and any property owned and/or maintained by the City of Easthampton Parks and Recreation Department or the Conservation Commission; all city owned schools to include parking areas of said schools; all cemeteries owned and/or maintained by the City of Easthampton; including but not limited to Brookside Cemetery. ‘The Parks and Recreation Department, by majority vote may allow the possession and use of alcoholic beverages and the consumption thereof at Nonotuck Park, Millside Park and Pleasant Green for a specific event or occasion, and may impose such conditions on said sale, use and possession as it deems appropriate ‘The City Council, by a majority vote, may temporarily suspend the operation of this ordi- nance to permit the public sale, use and/or possession of alcoholic beverages and consump- tion thereof in any of the locations listed in paragraphs (a). (b) or (c) and may impose such conditions on such sale, use and possession as deemed appropriate. 4. No person shall possess, in any place to which the public has a right of access, or upon any way or in any place to which members of the public have access as invitees or licensees, an open bottle, can, or other receptacle used to contain an alcoholic bever- age that has been opened or has a broken seal or the contents of which have been partially removed or consumed, with the passenger area of any motor vehicle, The passenger area shalll include the area designed to seat the driver and passengers while the vehicle is in operation and any area that is readily accessible to the driver or a passenger while in 2 seated position included, but not limited to, the glove compart- ment; provided, however, that the passenger area shall not include a motor vehicle's trunk or a locked glove compartment or, if a motor vehicle is not equipped with a trunk, the area behind the last upright seat or an area not normally occupied by the driver or passenger. This shall not be applied to passengers of a motor vehicle designed, maintained, and used for the transportation of persons for compensation or the living quarters of a mobile home or trailer, however the drivers of any such vehicles shall be subject to the above regulations, Police powers of arrest of City Ordinances Section 6-12: Violators may be arrested without a warrant by an officer authorized to serve criminal process in the City of Easthampton, and kept in custody until he/she can be taken before the court having Jurisdiction of the offense, the Northampton District Court. Penalty: Violators of Sections a, b or c shall be punished by a fine not exceeding one hundred dollars ($100.00) for each offense. If the offense occurs within three hundred fifty (350) feet of a public or private K-12 school, or state licensed day care, the fine shall not exceed three hundred ($300) dollars. Violators of Section d shall be punishable by a fine not exceeding five hundred dollars ($500) (By-law of 11-24-75; Section 6-12 amended by the City Council on 1 2010) Editor's not 010; approved by the Mayor on 10-21- Inclusion of aby-law of Nov. 24, 1975, nonamendatory of the Code, was ai the editor's discretion.