[1]
Editor's Note: This ordinance stated that it would take effect
5-1-2016.
The purpose of this article is to improve the environment in
Barrington and the health, safety, and welfare of its residents by
reducing the number of plastic and paper bags being used and by encouraging
the use of reusable carry-out bags and banning the use of plastic
bags for retail checkout of goods. Retail establishments are encouraged
to make reusable carry-out bags available for sale.
As used in this article, the following terms shall have the
meanings indicated:
A bag used by the customer at the point of sale for the purpose
of removing products purchased from retail establishment "Carry-out
bag" does not include plastic barrier bags, double-opening plastic
bags, or plastic bags measuring larger than 28 inches by 36 inches.
Any thin plastic bag with a double opening (top and bottom)
to protect clothing or other items for transport.
A paper bag that is fully recyclable overall and contains
a minimum of 40% post-consumer recycled content and contains no old
growth fiber.
A bag where any portion of the bag is made of plastic, including
but not limited to those called "biodegradable, "compostable" or "oxo-biodegradable."
Any thin plastic bag with a single opening used to:
Transport fruit, vegetables, nuts, grains, small hardware items,
or other items selected by customers to the point of sale;
Contain or wrap fresh or frozen foods, meat, or fish, whether
prepackaged or not;
Contain or wrap flowers, potted plants, or other items where
damage to a good or contamination of other goods placed together in
the same bag may be a problem; or
Contain unwrapped prepared foods or bakery goods.
Plastic that meets the current Rhode Island Resource Recovery
Corporation's standards.
Any enterprise whereby the sale or transfer to a customer
of goods in exchange for payment occurring in retail stores, farmers'
markets, flea markets, and restaurants. This does not include sales
of goods at yard sales, tag sales, other sales by residents at their
homes, and sales by nonprofit organizations.
A bag, with handles which are stitched and not heat-fused,
that is specifically designed and manufactured for multiple reuse.
The bag must be made of washable cloth, other durable woven or nonwoven
fabric, or durable plastic film that is recyclable plastic with a
minimum thickness of four mils.
A.
Other than reusable carry-out bags as provided in this article, no
retail sales establishment shall make available any plastic carry-out
bags (either complementary or for a fee).
B.
All retail establishments that provide plastic produce, product,
or double-opening bags must offer a recycling opportunity on site
and must recycle any plastic collected in accordance with current
laws.
C.
Nothing in this section shall preclude persons engaged in retail
sales from making reusable carry-out bags or paper bags available
for sale to customers.
A.
This article shall be implemented, administered and enforced by the
Barrington Town Police Department or any other Town department or
division designated by the Town Manager.
B.
Upon being made aware of a potential violation of this article, the
Barrington Town Police Department or other designee shall investigate
and determine whether a violation has occurred.
C.
If the investigation confirms that a violation has occurred, then
the Barrington Town Police Department or other designee shall give
written notice to the owner of the property, the owner's agent, or
the person performing such violation that the violation is occurring
and must stop.
D.
Such notice shall be in writing and may be served upon a person to
whom it is directed, either by delivering it personally to them or
by posting same upon a conspicuous portion of the property and sending
a copy of same by certified mail to the person to whom the notice
is directed.
E.
The owner, the owner's agent, or the person performing the violation
is responsible for confirming, in writing, that the violation has
ceased to the Barrington Town Police Department or other designee
within 14 days of receipt of the notice.
F.
A second violation after the fourteen-day response period of the
first violation and within one year of the receipt of the confirmation
that the violation had ceased shall incur a penalty of $150.
G.
A third violation within one year of the second and any subsequent
violations shall incur a penalty of $300.
H.
Each occurrence of a violation after the first, and each day that
such violation continues, shall constitute a separate violation and
may be cited as such.
Any violation charged under this article may be appealed, in
writing, to the Town Manager within 14 days of receipt of a written
notice of violation. The Town Manager may waive the individual violation
or the requirements of this article on showing of good cause or undue
hardship.
