[HISTORY: Adopted by the Council of the City of Rye 12-7-2011 by L.L. No.
7-2011. Amendments noted where applicable.]
The intent of this chapter is to improve the environment in
Rye by encouraging the use of reusable checkout bags and banning the
use of plastic bags for retail checkout of purchased goods. Retail
establishments are encouraged to make reusable bags available for
sale.
Nonbiodegradable plastic bags often are discarded into the environment
and end up polluting our waterways, clogging sewers, endangering marine
life and causing unsightly litter. These bags last hundreds of years
in landfills and are a potential source of harmful chemicals when
they do break down.
The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section:
A carryout bag that is provided to a customer at the point
of sale. The term "checkout bag" does not include plastic produce
bags or plastic bags measuring 28 inches by 36 inches or larger in
size.
A flexible container made of very thin plastic material with
a single opening that is used to transport clothing from a dry cleaner,
produce, meats or other items selected by customers to the point of
sale.
A paper bag that should have the following characteristics:
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmers' markets, flea
markets and restaurants. The term "retail sales" does not include
sales of goods at yard sales, tag sales, other sales by residents
at their home, and sales by not-for-profit organizations.
A bag with handles that is specifically designed and manufactured
for multiple reuse and is:
This chapter shall become effective six months following its
adoption to allow retail establishments to dispose of their existing
inventory of plastic checkout bags and convert to alternative packaging
materials.
A.Â
In the event that there is noncompliance with this chapter, the owner
of the property or the owner's agent or the person performing such
violation shall be notified in writing and shall forthwith stop with
the violating activity. Such notice shall be in writing and may be
served upon a person to whom it is directed either by delivering it
personally to him or her or by posting same upon a conspicuous portion
of the property and sending a copy of same by certified mail.
B.Â
The penalty for each violation shall be up to $150.
C.Â
Each occurrence of a violation, and each day that such violation
continues, shall constitute a separate violation and shall be subject
to a separate penalty and may be cited as such.
