[Adopted as Article XIII, Sec. 13, of the
1973 General Bylaws, as updated through 2002]
No person shall cart or convey garbage, manure,
rubbish or filth of any kind nor any noxious or refuse liquid, gaseous
or solid matter or substances in any public street or place, except
in such manner as provided by the Board of Health or by State or Federal
Regulation.
For the purpose of this article, the penalty
for violation of any provision of this bylaw shall be a fine of not
more than $200 for each day said violation exists, unless otherwise
specified in the General Laws of the Commonwealth.
[Adopted 5-1-2021 ATM by Art. 16]
The purpose of this bylaw is to protect the Town's natural
beauty and irreplaceable natural resources by reducing the number
of single-use plastic checkout bags that are distributed and used
in the Town of Walpole and to promote the use of reusable bags.
CHECKOUT BAG
A bag provided by a retail store to a customer at the point
of sale. Checkout bags shall not include bags, whether plastic or
not, in which loose produce or products are placed by a consumer to
deliver such items to the point of sale or checkout area of the store.
RECYCLABLE PAPER BAG
A paper bag that is:
B.
Contains at least 40% post-consumer recycled content; and
C.
Displays in a visible manner on the outside of the bag:
(1)
The word "recyclable" or a symbol identifying the bag as recyclable;
and
(2)
A label identifying the bag as being made from post-consumer
recycled content and the percentage of post-consumer recycled content
in the bag.
RETAIL ESTABLISHMENT
Any business facility that sells goods directly to the consumer
whether for- or not-for-profit, including, but not limited to, retail
stores, full- and quick-service restaurants, pharmacies, convenience
stores, grocery stores, liquor stores, seasonal and temporary businesses.
REUSABLE CHECKOUT BAG
A sewn bag with stitched handles that is specifically designed
for multiple reuse that:
A.
Can carry 25 pounds over a distance of 300 feet;
B.
Is machine washable or made of a material that can be cleaned
or disinfected more than 125 times; and
C.
Is made of either:
(1)
Natural fibers such as cotton or linen;
(2)
Durable, nontoxic plastic (other than polyethylene or polyvinyl
chloride) that is generally considered a food-grade material and is
more than 4.0 mils (0.004 inch) thick.
THIN FILM SINGLE-USE PLASTIC BAGS
Bags that are less than 4.0 mils (0.004 inch) thick and constructed
of high-density polyethylene (HDPE), low-density polyethylene (LDPE),
linear low-density polyethylene (LLDPE), polyvinyl chloride (PVC),
polyethylene terephthalate (PET), or polypropylene (other than woven
and nonwoven polypropylene fabric).
Each provision of this regulation shall be construed as separate
to the end that, if any provision, or sentence, clause or phrase thereof
shall be held invalid for any reason, the remainder of that section
and all other sections shall continue in full force and effect.