meeting the order at 604 of the bylaw review committee. 604 on October 2nd. October second. It's already on a September button. We are in chapter 359, right? Marijana
public consumption. Yeah. Uh page 106 is what I wrote down, but I might be wrong. What page number is that? Yeah. Page number. No, I think that's from uh the PDF online.
Yeah, we got through these. Get through those. Yeah, we're going to jump right into marijuana page 106. [Applause] All right, everybody ready? Yeah.
Uh, chapter 359, marijuana public use and consumption. Uh, 359-1, restrictions on public use and consumption. No person shall smoke, vaporize, ingest, or otherwise consume marijuana, medical marijuana, or delta 9
tetrahydro cannibal cannabonol THC while in or upon any public way or any way to which the public has a right of access. street, sidewalk, footway, passageway, stairs, park, playground, recreation area, public building, schoolhouse, school ground, cemetery, parking lot, or
any area owned by or under the control of autonomy some or any place to which members of the public have access as invitees or licences or or private land, building, structure, or place without the consent of the owner or person in control thereof.
So, I'm just going to throw this out there. Is it even legal to tell someone where they can and can't take their medicine if medical marijuana? Yeah. Yeah. I don't to your point. No, I don't
think you can. I I was going to ask if anybody remembers if this is the same language as what we have for like alcohol consumption. Um I forget what chapter that was, but that was two weeks ago or four weeks. Yeah. like because it's legal like it should be similar
language to that I I would say but well either that or if there's smoking viol like cigarettes and stuff but that'd be outside the medical we could remove the medical marijuana of it and that was part of my thought when I read this and I'm like well if someone's
walking down the street and they they open up their pill thing to take their medicine we don't say oh you can't do that Tom jumps out of a tree and gives Fine. But with that being said, you can't be just smoking weed everywhere. Yeah. I mean, the verdict says
Yeah, but I think I think they can still find you in public or something. I think it's like a like the police could give you like a civil fine, I think. But I don't I don't know for sure with with the current law in the state. I think there's way too many words in
that sentence. So, truthfully, I would find it hard to believe that the police would pull up our general bylaw to find a way to find them. Yeah. I'm certain if they're stopping them,
it's probably for something else. And this would be an add-on. Yeah. Um, is there So, I wasn't sure anyone's thought on it. Um, the medical piece I get, but I the medical piece I get if they're
like they can use that as an excuse, but Well, the medical they would have to have their medical code. Yeah. But if not, I would treat it like there's smoking areas and there's nonsmoking areas. uh article 13101 was the
um alcohol if we want to look at and it's really all vaping like now it's like vaping is much more popular now than it was probably when these were last done is way too popular where you're sitting at a game a kids game and somebody's just pushing vape
smoke at you so it's actually a state law you cannot use medical marijuana in any form including smoking, vaping, or eating in public places or on federal land. I think we say yeah, let's just point it to and it's also very similar to alcohol.
Yeah. As far as county highway, townway. So, we keep that as is that we're saying. Yeah. Yeah. Okay. Yeah. See, I learned something today.
Doesn't happen often. All right. Uh because the public has right of access to a sidewalk but not the front yard attached to the sidewalk. Yeah. Right. So somebody this doesn't restrict somebody from staying in their front yard. Yes. As long as they have consent of the
owner. Yeah. Yes. Yes. Or person in control thereof. Yeah. Yeah. Excuse me. Can I speak to the person in control thereof? Because there's a guy across from me. So if they're renting the house or something. Yeah.
It sounds funny though. Well, everybody good with dash one? Yes. Dash two, violations and penalties. This bylaw may be enforced through any lawful means in law or in equity, including but not limited to enforcement by criminal indictment or complaint by the East Police Department. The fine for
violation of this bylaw shall be 100 for each offense. I noticed the alcohol is a save. I thought we just pulled it up. Is that Yeah, alcohol is saved. We are moving it. Yeah, we're moving it out of schedule 500. Yeah. Say it again.
The fine for violation of this bylaw um is listed under schedule 500. Something like that. Yeah. Yeah. It needs to be moved there. I don't see it there now. Just searching
on that page for marijuana. Yeah. Let me see. Yeah. Alcohol. I don't know if that's just licenses. Yeah. Okay. So, yeah, we just said add to schedule and remove. Add reference and remove.
Yes. Yeah, I don't see it. Better release cost you four bucks though. You know what that is? No cash either. Got to write a check. Yeah. So, wouldn't this be the same? The fine
for a violation of this bylaw, the fine for a violation of any bylaw is $100. Yeah. So, if you find that that's right at the beginning of uh schedule 500. Okay. Oh, so do you want are you saying
you just want to remove the thing directly and just rely on the bylaw violation so it can isn't done separately? I I think uh you still have to have a referral to schedule 500 just uh the fine for violation
is listed under schedule 500. Yeah, chapter 500. Uh, yes. Chapter 500, fee, fine, and penalty schedule. I will entertain a motion to recommend
chapter 359 as amended. So moved. Second. Moved and second. Any further discussion? No. Hearing none. All in favor signify by saying I. I. I. Any opposed? Any abstensions? Motion carries.
Chapter 360. Marijuana prohibited uses and facilities. Prohibited facilities. The following are prohibited. Recre recreational marijuana facilities. Marijuana not medically prescribed by licensed physician including all marijuana cultivators,
marijuana testing facilities, marijuana product manufacturers, marijuana retailers, and any other types of licensed marijuana related businesses. Is it going for a vote? You said again. Yeah, I thought um that's going to be a while down the
road because it's got to go uh on the ballot next June for a non-binding question to see if the town is even interested in removing it. So, and then once once you find out from that, let's say the town says, "Oh, we
want it." Well, then we're going to have to create a whole new bylaw and everything. So, yeah, we're looking a ways out. This is made in 2022, so it should all be pretty up. All right, everybody go with the dash
one. Dash two definitions. In constructing this bylaw, the following word shall be shall have the meanings indicated. Manufacturer to compound, blend, extract, infuse, or otherwise make or prepare a marijuana product. Marijuana
accessories, equipment, products, devices, or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting,
inhaling, or otherwise introducing marijuana into the human body. That's a lot. Wait a minute. Uh, clarify clarification. If I go into the aquarium, they've got a whole display of pipes and everything for marijuana. It
says equipment. I'm not sure if I So, if it's for use of marijuana, okay, it would be illegal. If it says for use of tobacco, it would be legal. Okay. So, I think it is for tobacco. Okay. Got to get around.
That's what it is. Yeah, that's what that's the brown paper bag after bottle. Yeah. And I'm a French model. Uh yeah. I mean, like Ralph said, if all this is up to debate, like I'm sure
these definitions are from the state. Like I don't I don't think I'm going to have any edits. So you're saving me from reading them all. Yeah. Is that what you're saying? Yeah. Yeah. I mean it's it's being voted on by more or less when we're done with this and yeah
and they were all from the state state. Okay. Three years ago they are ratified for because we had to do a zoning bylaw and then we were told by our attorney that we should also do a general bylaw for the same basic thing. So
so I move to accept 360-1 and 360-2 as is. Second move and seconded. Any further discussion hearing? None. All those in favor signify by saying I. I. Any opposed? Any abstensions? Motion carries. Chapter 363.
Noise. General prohibition 363-1. Except as otherwise provided herein, the creation of any unreasonably loud, disturbing, or unnecessary noise in the town is prohibited. Boy, that's pretty big.
Quit making so much noise. He's talking again. 363-2 specific prohibitions. The following acts, among others, are declared to be unreasonably loud, disturbing, and unnecessary noises in violation of this
bylaw, but set examples shall not be deemed to be exclusive. Motor vehicles. The sound of any horn or signal device of on any automobile, motorcycle, bus, or other vehicle while not in motion except as a danger signal in another vehicle is approaching apparently out of
control. or if in motion as a danger signal after or as brakes are being applied in deceleration of a vehicle is intended. The creation by means of any such signal device of any unreasonably loud or harsh sound including unmuffered
vehicles in the sound of such device for an unnecessary and unreasonable period of time. Can't beep at your friends. Pull up to someone's house to beep for someone. You got to text him now. violation. Here comes Tom out of the tree again.
I think as a bylaw we generally understand what the violation is. Yeah. Um maybe putting it into explicit words is more difficult. Yeah. If not impossible. Yeah.
Hey, there's a car in my neighborhood that their alarm is going off every four hours for like 5 days. That's an unreasonable noise. Yeah. Right. Yeah. I mean, if I'm nitpicking, it doesn't really say anything that's like
related to mufflers or stuff or I guess unmuffed. I say that at the end now. Yeah. There's so much I forgot. That gets better. We're going to move on to musical instruments. Yeah. Musical instruments, musical devices, and sound reproducing
equipment. the use or operation of any musical equipment, musical devices, or sound reproducing equipment in such a manner or with such volume, particularly during the hours between 10 p.m. and 7 a.m. as to annoy or disturb the quiet, comfort, or repose of any person in any dwelling or any type of other any other
type of residence. I think we have to include speakers because somebody could just layer something that's not music. That's the sound reproducing equipment would be speakers, I guess. Yeah. Okay. Sure. So
glassing whale noises sounding equipment is interesting phrasing, but yeah. Yeah, if it's covered in there. That that was the only thought I had on that one. Yeah. So if I'm reading it right, it's not just between 1000 p.m. and 7
a.m. It's at any time. Yeah. particularly, but particularly we're really going to come and look twice between 10 and seven. Mhm. Yeah. I mean,
so as it's written, when the Maple Shaped Band is practicing, if the neighbor called, they have a valid complaint. Why propose? As written, they would So, if the school's making the noise,
it's different than if the neighbor's making the noise near a school, as we see in the next paragraph. Yeah. So, God forbid the band's making the noise. That's okay. Uh, so everybody go with B.
So, yeah. Yeah. Yeah. Churches and schools. The creation of any excessive noise or any street on any street adjacent to any church, school or other institute of learning or adjacent to any institution for the care of the aged or infirmed
which unreasonably interferes with their use. I just wonder why something like this what happened for someone to actually write this. Yeah, I was I was thinking because I'm sure it probably started at the church and then they're like, "Well,
I only live one street away and well, we'll add this in." I'm I'm okay with it. Yeah. Uh power equipment. The operation of bulldozers, excavators, rollers, or other similar heavy equipment other than between the hours of 7:00 a.m. and 8:00
p.m. Monday through Saturday is prohibited. No such equipment shall be operated on Sundays. Emergencies involving the health and welfare of the citizens are exempted from the conditions of this subsection. And you this is so 78 not 10.
This is really I mean that I mean trying a lot of landscapers work on Sunday. Well, so this was created originally when we had the blue laws where technically you weren't allowed to work on Sunday. Right now you're actually allowed to work on
Sundays. Um I do understand the thought process. It is nice to have at least one day a week, right? Um and I don't think this is really enforced. Yeah. You know. Yeah. So,
at least it gives something to point to if someone's really although I will say the development right across the street from me, they operated only on Saturdays and Sundays and they operated till at least 10 at night. Um,
what's Skyland on the Skyland? Okay. Okay. Favorite Favorite lane? Okay. Oh. Oh, that I I remember that's the one they started like a year or year and a half ago. Well, Favorite Lane's been there for quite a while, but the house they just
started and the tree company decided at 6:30 on Sunday morning that they should start. Really? Oh, is that the um I know who else you're talking about. Um, I would support removing Sundays as
being no out. Maybe a a smaller time window on Sundays. Not 7 to 8, like 8 to 4 or something like that. 8. Yeah. 10 to 6. Yeah.
So, Monday through Saturday, 7:00 am to 8:00 p.m. between the hours of 7:00 am and 8:00 pm and Sunday. I know at the high school we used to use 100 p.m. because that's when most of the services were over
at 1 p.m. Oh, so starting so do like one. That's what I would say. Yeah. Most of the services in town are over by then. Yeah. But um I think that's the exact opposite of when
I think that's the exact opposite of when the lawnmowers would be out. I think. But yeah, I know. I know. Well, this doesn't include lawnmowers. This is bulldozers, excavators, rollers, and other similar heavy equipment. Which I will tell you, having someone
operating a backpack blower is a lot more annoying. That's nice and then the bulldozer, but says the landscaper. Okay. What? Uh, so what do we want to do?
So considering they're only talking bulldozers, excavators, rollers, I I would be up to leave it in there. Yeah. I I mean, most large construction companies are not operating their dozers
and all on Sundays. Um Yeah, I know one guy that does. Well, and again, he still hasn't gotten a $100 ticket. And if he did, he would probably just keep it going. Yeah. And be like, "Okay, here's your hundred."
Yeah. That cost me 100 bucks with that. So, everybody is good with leaving it. Yeah. Yeah. So, I make a motion to accept chapter 363 as is noise. Do I have a second? Second. Moved and seconded. Any further discussion?
So, should it be noise or should it be noise disturbance or noise? Just sounds It does, doesn't it? It does. It sounds like it should be irritating noise or something. Disruptive noise.
I suppose it works cuz I I suppose when you go to look it up, it would probably be easier to to find noise. Unreasonably loud to unnecessary noise refers to a noise nuisance. So nuisance noise.
Nuisance noises. I keep noise. Noise nuisance. Yeah, noise nuisance. Yeah, that's Val's point about looking it up. I mean, we read the whole thing and the least we could do is change one word, earn our paychecks. So, I'm going to withdraw my motion at
this point. I'll entertain a new motion to recommend chapter 363 as amended. Second. Moved and seconded. Any further discussion? Hearing none. All those in favor signify by saying I. I. I....................
Any opposed. Any obstensions? A motion carries. Chapter. That one is so good that we haven't touched it since 1982. That was uh chapter 371 parks and recreation areas. But wow. This is just
Oh. All right. the town manager or designate in collaboration with the superintendent of public works shall determine the official hours of parks and recreation areas within the town. I know that DPW is in charge of those. But wouldn't shouldn't the parks and rec director have some say in that too?
Well, I think the I was thinking about this. I think the parks and recck director has a say as far as what goes on in the parks, but not the time that they're open to. Okay. Um because I thought the same
thing and I'm like well that would only make sense that the rec department controlled it but um at least I was saying it with them with well I think that's the town manager or designate. Yeah. Okay. Cuz chances are Tom's going to go when do you want the
Well, we need to be there till 9. Okay. 9 it is. Cuz right now I think if I'm right it's closed to Yeah. I think the way it's broken like to to your point, I think the town manager or the designate, the rec
department person has the decision making like if they're doing it in collaboration with the public works like Yeah. It would be easier if it was just folks in the back. Uh I make a motion to accept chapter 371
as is. and seconded. Any further discussion? Hearing none. All those in favor signify by saying I. I. Oppose. Any absentions? Motion carries for chapter 371. We're cruising today. Not going to worry. Don't worry. Don't worry.
It's going to stop quick. Chapter 373. Petroleum Products license to store inflammables. Inflammables. Yes. Fees shall be established by the town council for licenses to use land
for the keeping, storage, or sale of petroleum fluids or compounds, including propane for resale or other commercial use. The fee for any annual certificate of registration required under MGL chapter 148 section 13 shall be half of the current license fee. That's
incorrect. Schedule 500 has a one fee, which is a $105. Um, it used to be a renewal would be half the current license fee and the
town council changed it and obviously it never got changed in here. So no matter what I think the the fee for any annual certificate or registration required under da da da da
shall be listed under chapter 500, right? on. So this one this means like a business may have a warehouse storing gas station. Gas station. Okay. Those are Rockies. That's what they're considered.
Like Rockies. Inflammables. Yeah. Any propane tanks like blue rhinos or anything like that? Yeah. Okay. I thought that'd be flailable. Yeah. Yeah. Because I'm an accountant. The one that drives me nuts is co-mingled funds
because if it's mingled like it's already together so I don't understanding uh emergency equipment all wholesale and retail business entities licensed to store or sell petroleum products shall be required to install emergency breakaway hose couplings on each pump or
similar dispensing device in accordance with the regulations and specifications adopted by the fire chief. The penalty for violation this section shall be a fine of not more than $100 and each day shall constitute a separate violation. So once again guess who's got to rewrite the fee
schedule. Um no actually we usually rewrite it and ship it off. Okay. That was a pain in the butt to do that. That took me forever. And by the time I got it all written, the department started changing their fees.
Yeah. Start over. Not happy. Uh, chapter 373. I will entertain a motion to recommend chapter 373 as amended. So moved. Second. Seconded. Is there any further discussion? Hearing none. All those in
favor signify by saying I. I any opposed? None. Any abstensions? None. Chapter 37. Enthusiastic moved by you. Yes, it was, wasn't it? It's got a big thing for inflammables. Chapter 376, Property Maintenance.
376-1. Vegetation or material interfering with vehicular traffic. No person shall erect or maintain upon said person's property a fence trees, shrubs, b b b b b b b b b b b b b b b b b b b b bushes, objects, structures, or material which interferes unreasonably with the view of travelers upon in a budding way or public way or any order
from the town manager designate for the partial or total removal of the items mentioned in this section shall be compiled with forth with good. So far, nuisance vegetation. No owner or foreclosing mortgage ee here and after
owner shall allow grass, trees, bushes, shrubs, or any other vegetation to constitute a nuisance as determined by the agent of the board of health to the health, safety, or appearance of the neighborhood where the property is located.
Can we change it to vegetation nuisance or that we did noise nuisance? So up top both of nuisance vegetation. So what's so for example the section of sidewalk from
Elm to Maple Shade has some bad walls like a messed up retaining wall vegetation very close to the sidewalk where it becomes extremely narrow. And there's that house that I think sold or was for sale that's set back that has the huge arborites in front of it that
grow over the sidewalk all the time. So none of that should be happening. We don't talk about the retaining wall. So maybe that's not good. But I know my kids ride bikes on that sidewalk. Structure which interferes unreasonably with the view of travelers upon a bunny
way or public way. Okay. So maybe we need in a we might need to say object as well cuz we drop object. I was Oh, in uh yeah yeah grass, bushes, shrubs. Like that's the sort of thing we're
talking about here where it makes the sidewalk impassible for children going to school or any other vegetation or strong. Yeah. to constitute a public nuisance as determined by the agent of the board of health to the health, safety, or
appearance of the neighborhood where the property is located. How's everybody feel about that? I think it's good for B. I know some towns and cities have you got to see the gears. I was and I was
flipping ahead. I saw something about waste cuz like object could be trash. Like if trash and stuff like that's covered elsewhere, maybe we don't need it. If you know people just have junk strewn about and it's affecting
if a yard or a property has trash junk um that all falls under the board of health um which is exactly where this is falling. Okay. So the board of health does have the right to go in and say wait a minute this is causing a nuisance because of
mosquito larve because of wild animals because of whatever they so choose. Yeah. Um, and they have done it. But I run all over and people don't trim their trees in terms of height or width
or it's terrible. Let alone shoveling. Once it gets cold, it gets real hard. And then running in the shoveling is completely separate. Yeah. Yeah. Yeah. That's the clearance. That's a different. Yes. Oh, no. I know. I know that one.
I'm aware of that. And all these houses have had new sidewalks put in front of them in the last year. Still got a little more work to do. On the other side of uh West putting in front of Franconia on my way here. They've done quick work with it, too.
Seems to go pretty fast. Oh, yeah. Somebody on Maple Street. There's a significant retaining wall for them. Yeah, I saw that. Uh so we go with a problem. Yep. All right. B. If an agent
of the board of health notifies the owner of the existence of a nuisance and said owner fails to correct the action correct the situation within 10 days of the date of said notice, the owner subject to fines as specified in MGL chapter 111 section 122. Each day of
non-compliance after the 10th day constitutes a separate violation on paid shall be assessed against the property and shall be a municipal charges lean under chapter 330 article one of the bylaw of these bylaws and enforced as set forth therein. The town may also
correct the nuisance through its employees or an independent contractor. And if they did that it's like a lean on the property or something. I'm sure the that's the next part. Yeah. Okay. Thank you.
I don't know what separate, but sure. Okay. Well, I think I said it's kind of more to do with a um I know some towns and cities have like grass length laws, too. I don't really love those, but one of my neighbors is basically has his house
abandoned and the kids have come along and no, but the neighbor across from me keeps like she knows I'm on this comedian and she keeps yelling at me about it and I'm like I mow it a couple times, but it's just the backyard is was basically up to my chest and the grass is folded over
and it's like God knows what animals are in there now. But I still don't have appetite for that stuff cuz then it's also like you go on vacation for 2 weeks and your grass goes along and it's like somebody calls on you. Um but I did see
it in like other people's thing. So to your point, I don't think C should be there. I think that should be part of B. Makes sense. Yeah. And just Yeah. continue. Um, and well, so move we can move C to B and
then change it so it redirects to chapter 500. Actually, that's probably um I probably because it includes the cost of correction, I think that bit needs to stay no matter what. But yeah, if we want to move the admin fee portion
short, but the cost unless you want to leave that and say something to the effect of, you know, at the end as outlined under schedule 500,
the cost of correction plus an administrative fee as outlined. I mean, I I don't know. or or do we just say, "Hey, take all the dollar amounts out and put them under 500." Why don't you take them all out? Yeah, I think that's really what we talked
about before. I think that's fine. The cost of correction just because it's variable. Um, but yeah, and Uh, any other changes for property maintenance? So, that's we're removing C, right? And
that's going to become part of B. Duh. Yeah, we can do that. I thought you said we're going to leave it and just change it, but Hold on. Um, if we're considering something for grassite, will bring me
there. Springfield has something for 6 in at 6 in cuz my neighbor, well, my mom's neighbor tried to do that to my parents when they were gone on vacation. Yeah. She gets mad. She gets mad about in her yard and will break them into my parents
yard. It's nutty. I mean, I have a couple accounts that I think their I call it their lawn looks horrible, but it's all wild flowers, which has grass growing in it. When it's blooming, it's beautiful. The rest of the time it just looks like
overgrown lawn and it's like, "Cut the place." And they're like, "Oh, it's wild flowers." It's a long habitat. 10 months of the year. It's psych. I make a motion accept chapter 376 as amended. Do I have a second? Second. Moved and
seconded. Any further discussion? Hearing none. All those in favor signify by saying I. I. I. I. Any opposed? Any abstensions? Recommendation for chapter 376 carries. Um for
is there anywhere that says anything about like unregistered vehicles like commercial vehicles or is that under the zoning bylaws? Zoning. Okay. Uh chapter 379 public entertainment 379-1 definition for the purpose of this bylaw. The term outdoor public
entertainment shall mean any outdoor public gathering such as an event, performance or activity designed to provide amusement or enjoyment. It shall exclude school functions held on school property and town functions held on town property. I the title then is deceiving. When I
read this public entertainment, I thought it meant all public, not just outdoor. Is this just outdoor? That's what it seems like. That's the the term. Yeah, I think it is. I think it should be public out public entertainment outdoor or outdoor public entertainment.
Outdoor public entertainment. Be hard to reference it though, would it? I'm just saying that's I don't think anyone really references it. Okay. I Yeah. And the nice thing with e-code is let's say you just type in entertainment.
Yeah. You'll get anything that comes up that. Okay. That's a big one. Stupid title. It's the graphic. Uh, a regal definition. Mhm. Mhm. Uh, license required. No license
required. No outdoor public entertainment shall be held within the town without a license issued by the town council. Okay. So, it's a town manager, isn't it? Well, no. Let's think about this. If you have a little kid's birthday party
outside, is that to be considered outdoor public entertainment? It's an event. It's an outdoor public gathering because we don't restrict it from in the definition.
Any outdoor public gathering doesn't say public or private. So, I wish it had if it means it had to be on public property, but yeah. Somebody could house it, you know. Is the North Cross House private or public property? Yeah. Somebody could rent that
and do That's tricky. Yeah. I mean, we had this conversation when we looked at these before and um we couldn't come up with a good answer. So, um again, I think we try to understand
what they're saying. Common sense. Yes. Yeah, you know, if you're going to hold a function where you're going to make money or or whatever, okay, that's different. But what about, let's say, the Apple place, they just had their fall festival or whatever, but they have an existing business
license which would cover them, right? No. Um, because like every time they have a entertainment licenses are usually specific. So, it would be for let's say music outside. Now again that may be a bad example because they may fall under the
agricultural right um exemption with the carnival. Yeah. For the fall festival. Town festival. Town functions held on town property. Is that a town function? Rotary club. The fall festival. Rotary club.
Yeah. But like there would one of the houses across Fenway golf had a huge wedding a couple weeks ago. I drove past it and there was like that be like 150 people there. So, like that's different than like a birthday party with 40 people. So, I don't know. Should be a
I would assume that if they're going to be serving alcohol, that's when they probably come in and say, "Hey, listen. Go do But yeah, cuz they had a Buick ban there. That's assuming if they're charging or something for it." Um,
[Music] I'm just going to bring up the questions and then you guys can I don't have any good answers. Um, I would leave it because it does give the town the right it does say public gathering. So,
I would remove the whole thing. Oh, you would remove the whole thing? Yeah. Public entertainment. The town manager already has a permit for town property. Mhm. And we're not going to be going after kids birthday parties for 200 bucks or 75 bucks. Yeah.
When was the last time the county council approved one of these? Well, I think public entertainment um the carnival comes in front of us every year. The beer tent does for the liquor license in the parade. I think we do entertainment.
I think it's in conjunction with it, isn't it? Maybe for just a beer tent, but I've never done this for the parade. The carnival fireworks. You're in violation. the lights would be because it falls
under town function um on town property. So what's your point again? The town manager already has the responsibility for town properties. This I don't think this is for town property. I think let's say Hawks
Landing if they're going to do something they come in front of us and get a a one day entertainment. What about the fest that is coming up? Did they in front of you? town property. It's on town property. Town function on town property.
Oh, I think these are very limited. Um, you know, how many we do like if that brewery back and all that that super wanted to do something outside.
Yeah. I think it may be the same thing retreat that's coming up in the next month, right? But the church that would have to go in front. I mean, technically none of them can do it because we're within 30 days.
30 days, right? Like I This is I mean, if it's I think what they're trying to say is basically, hey, you're going to hold a big event You got to come in front of the town because we want, you know, the council, the police, the police chief, fire chief and all the way in
commissioner and health director. Yep. And those guys who have that new farm, if they wanted to do stuff like a big thing, it might make sense that, hey, they need to get certain approvals and or most like responsible people probably would anyways. you want to well another thing too is what happens
selective enforcement because that right but you know like without without quantifying it some way and saying events over x amount of people expected you know because I could see if uh whatever the farmer that you just said wanted to have a big concert that was going to have 10,000 people there
like that's going to be a pretty severe impact unless we can go after a 9-year-old birthday party unless we want to market as over 100 people or something 150 people I mean theory This covers two people sitting on the bike path. Yeah.
Right. For any activity designed to provide amusement or enjoyment. Yeah. Buy a coffee from the depot, sit on the bike path. Even any other business 30 days in advance and pay 75 for that privilege. Again, I think it comes down to
enforcement. I I think it comes down to if you leave it in there and something like a 2,000 person event happens, you have a right to go back in and No, no, no. In the future, you're going to have to get a license and all.
Um cuz what are you going to do? Charge them $75? You get the $75 fee and a $100 violation? Yeah, they're going to be like 2500,000 people. Let me ask this. The farmers market,
it's every Saturday in um in town. Violation. It would be a violation if they didn't take out the license, right? Yep. Okay. Yeah. Every every trunk or tree coming up when we light the Christmas tree because that's a Lions Club at a church doing that. That's a violation.
Well, that's town pro. No, that's not church. That's right. It's not and it's not a town. It's not a town function. Like I think I think this is hollow and uninforced and is a gotcha. And right if we ever tried to enforce it,
they well you guys never like it's a past practice. Yeah. Like it's like you guys don't enforce it anywhere. So you're not going to enforce on us now. Right. If somebody enforced this on me I would not stop calling on people anything like Yeah. birthday party. There's no restriction.
There's a number of people are What do we We back to Ryan, but we saying delete this. If someone enforced it on me, I'd write them the check for 175 bucks and just move on. Yeah. But it could be any activity entertainment show. I mean, if we sat outside,
I would make the recommendation that we recommend this be removed. Yeah. because of the vagueness the way it's written. Yeah. And then if the council wants to tighten it up or whatever and keep it in,
at least they'll understand why we're recommending it. Yeah. Like as it is, this is Yeah. Yeah. Like if there was some sort of a number, you're expecting over 500 people, right? Yeah.
It's something you'd work with the chiefs on to see like what number they think would be a big and even that I like I said yeah any out public gathering to provide amusement or enjoyment that is not a school function or a town
function and again I think we all understand why yeah they're trying to write it right you have a woodstock and half the town gets trashed Yeah, I can see what's $175. That's for the license.
I mean, you could 75. That's for that, but it's $100 cuz it's a violation after the fact. It didn't have to put up a bomb. You could use a brown farm. Okay. So we just
that would be allowed. It's town property. All right. Uh so I will entertain a motion to recommend chapter 379 for review with our comments. Yep. Yeah. Motion made. Second. Moved and seconded. Any further
discussion? Hearing none. All those in favor signify by saying I. I. Any opposed? None. Any abstensions? None. Motion carries. We got eight minutes. Chapter 388. We can bang off 388, I think. Yeah, I think so. 388. Secondhand and
junk dealers. License required. No person shall be a collector of or a dealer in junk, old metals, or secondhand articles, or a keeper of a shop for the purchase, sale, or barter of junk, old metals, or secondhand articles without first applying for a
license from the town council. Wait a minute. Collector secondhand articles. That could be antiques. So I can't collect them in my house. Nope. No. Seriously. No. For
these are dealers. For the purchase deal. Collector of or dealer. Yeah. Okay. Of or a dealer in junk. Got it. Or a keeper of a shop. Purchase that. Okay. Nobody that you're right
though the collector dealer so we should maybe strike collector collector say keep with dealer not open dealer in junk I'm surprised I'm surprised this didn't get tweaked I mean this was amened in 2022 like so it's do you remember marketplace age
a collector dealer or keeper for the purchase sale or barter of right oh okay so if you're just collecting to collect you're good if you're collecting to sale for sale barter Junk barter junk. Okay. So if I go purchase
if I collect and go on eBay, am I in violation of this? You would be. Or keeper of a shop purchase. So I think keeper of a shop needs a comma. Yeah. Was your side hustle? Yeah. Trying to sell your old medals.
Yeah. So no person shall be a collector of Yeah. So I think I think it's two different people. It's the person and the keeper and it's really But I think what this comes down to is some of the properties in town Yeah. that they just stop on the side of the
road and they grab items. I'm not going to call it junk because everyone's thoughts are different. Set them all out on their whole lawn and all and unless they have a license, they're not allowed to do it. But that wouldn't apply to this because
this is for the purchase, sale, or barter of No, no, no, no. So it's no person shall be a collector of or a dealer in junk, old metals or secondhand articles or a keeper of a shop for the purchase. So it's two
different completely different. Yeah. Okay. Mhm. So remove that comma then. Um, yeah, cuz I was thinking it was a collector or a dealer or a keeper of a shop for the purposes of purchase sale or barter.
Yeah. I think it's two different Yeah. Yeah. Yeah. Um, like because you can get a license to be a hoarder. I mean, because of the secondhand articles, you need a license to something. And without the license,
you're not allowed to, which gives you, well, that's the whole thing. And each offense is another $100 every day, and it can add up. I mean, I guess you aren't keeping a shop, but I don't know. It's kind of vague. Like, so if you sell something on Facebook Marketplace
that is a secondhand article, so they aren't necessarily keeper of a shop. But what about a tax seal? That you typically get out. Do you really? Yeah. Oh, I don't know. Yeah.
Anybody does it, but we're not even going to talk about your attack sales. I'm okay with the way this is. Yeah. I'm not going to Yeah. Yeah. Fine. I don't think it's ever going to be used. Yeah. But Right. But I do understand why it's there. Yeah.
Yeah. It's for your scenario. It's I don't know how to Yeah, fair enough. I will entertain a motion to recommend chapter 388 as read. So moved. Second. Second. Moved, seconded twice. Any further
discussion? No. Hearing none. All those in favor signify by saying I. Any opposed? Any abstensions? None. That motion carries. All right. Let's see. We had a motion to adjurnn.
Motion to adjurnn made. Do I have a second? Second. Made and seconded. Any further discussion? Uh for discussion purposes, our next meeting. Yep. 16th with zoning. Yeah, that would be in the room next
door. They are connecting via Zoom. So, is this the board? I want to this is the consultant. Got it. And we need do we need the zoning board or the planning board there or that doesn't matter.
Uh I think it'll go through the the steps to get to them once them for you. Any further discussion? All those in favor of a motion to adjurnn. So move. I
I any extensions? None. Any nays? None. Motion carries. We are adjourned at 657.