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 AtLargeAmend 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.