The production and use of single-use plastic checkout bags have
significant impacts on the marine and land environment of all coastal
communities, including but not limited to: contributing to the potential
death of marine and terrestrial animals through ingestion and entanglement;
contributing to pollution of the land and coastal environment; clogging
our storm drainage systems; creating a burden on our solid waste collection
and recycling efforts; and requiring the use of millions of barrels
of nonrenewable, polluting fossil fuel nationally for their manufacture.
Therefore, the purpose of this chapter is to phase out the use of
single-use plastic checkout bags by all establishments as defined
herein in the Town of Barnstable over a period of 12 months from the
effective date of this chapter.
For purposes of this chapter, the following words shall have
the following meanings.
CARRY-OUT BAG
Any bag that is provided at the point of sale to a customer of an establishment for use to transport or carry away purchases, such as merchandise, goods or food, except as otherwise exempted under §
195-4.
CUSTOMER
Any person purchasing goods, articles, food or personal services
from an establishment.
ENFORCING PERSON
Those persons listed in §
1-2A, for noncriminal enforcement of ordinances, rules and regulations, of the General Ordinances of the Code of the Town of Barnstable, as further delegated by the time of taking effect pursuant to §
195-6.
ESTABLISHMENT
Any business selling goods, articles, food or personal services
to the public, including public eating establishments and take-out
restaurants.
OPERATOR
The person in control of, or having the responsibility for,
the operation of an establishment, which may include, but is not limited
to, the owner.
PERSON
Any natural person, firm, corporation, partnership, or other
organization or group however organized.
PLASTIC BAG
Any bag made of plastic derived from either petroleum, ethylene
derived from natural gas, polyethylene, polyethylene terephthalate,
polyvinyl chloride, polypropylene, or nylon.
PRODUCT BAG
A bag integrated into the packaging of the product.
REUSABLE BAG
A bag specifically designed and manufactured for long-term
multiple reuses made of cloth, fabric or other durable, washable materials.
Single-use plastic carryout bags shall not be sold, provided,
or distributed to a customer or any other person by any person, owner,
or operator of any establishment within the Town of Barnstable.
Notwithstanding the provisions of §
195-4, an establishment shall provide a reusable bag at no cost upon the request of a customer who uses a voucher issued under the Special Supplemental Food Program for Women, Infant and Children (WIC) pursuant to MGL c. 111.
In addition to the exemption provided in §
195-4D, in order to further assist existing establishments in complying with this chapter by phasing out the use of single-use plastic carry-out bags over a period of 12 months from the effective date this chapter, this chapter shall take effect after 12 months from the expiration of 30 days from the date of its adoption.
Any enforcing person shall have the right to enter any establishment
during regular business hours, without a search or inspection warrant,
to make reasonable inspection to ascertain whether there is compliance
with the provisions of this chapter. Upon finding a violation of this
chapter, an enforcing person shall issue a written warning notice
to the operator of the establishment that a violation has occurred
and the potential penalties that will apply for future violations.
Any establishment that violates or fails to comply with this
chapter shall be subject to the following penalties to be enforced
in law or equity by any means, including without limitation noncriminal
disposition pursuant to MGL c. 40 § 21D, provided that no
more than one penalty after written warning shall be imposed upon
an establishment within a seven-day calendar day period:
A. First offense: written warning.
B. Second offense: fine of $100.
C. Third and subsequent offenses: $200 and the Town may in its discretion
publish the fine on its website after the third and subsequent offense.
If any provision of this chapter shall be held to be invalid
by a court of competent jurisdiction, then such provision shall be
considered separately and apart from the remaining provisions of this
chapter, which shall remain in full force and effect.