The intent of this chapter is to improve the environment in
the Village of Mamaroneck by encouraging the use of reusable checkout
bags, banning the use of plastic bags for retail checkout of purchased
goods, and banning the use of plastic straws by businesses or stores
throughout the Village of Mamaroneck. Retail establishments are encouraged
to make reusable bags available for sale.
Plastic bags and plastic straws often are discarded into the
environment and end up polluting our waterways, clogging our sewers,
endangering our marine life and causing unsightly litter. These items
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:
CHECKOUT BAG
A carryout bag that is provided to a customer at the point
of sale. The term "checkout bag" does not include plastic produce
bags, garment bags, or plastic bags measuring 28 inches by 36 inches
or larger in size.
FOOD SERVICE ESTABLISHMENT
Any use which includes the serving of food and/or beverages
that requires an eating place permit, or is otherwise required by
either county or state law to be licensed, including, but not limited
to, restaurants, carry-out restaurants, delicatessens and fast-food
restaurants.
GARMENT BAG
A large plastic bag with two openings that is used to transport
clothing from a dry cleaner.
PLASTIC PRODUCE BAG
A bag made of very thin plastic used to transport produce,
meats or other items selected by customers.
PLASTIC STRAW
A tube, intended for one-time use that is made predominantly
of plastic derived from either petroleum or a biologically based polymer,
including polymers derived from corn or other plant sources, for stirring
a beverage or transferring a beverage from its container to the mouth
of the drinker.
RECYCLABLE PAPER BAG
A paper bag that should have the following characteristics:
A.
Contains no old growth fiber;
B.
Is 100% recyclable overall and contains a minimum of 40% post-consumer
recycled content; and
C.
Displays the words "reusable" and "recyclable" on the outside
of the bag.
RETAIL SALES
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, and other sales by residents
at their home.
REUSABLE BAG
A bag with handles that is specifically designed and manufactured
for multiple reuse and is:
A.
Made of cloth or other fabric; and/or
B.
Made of durable plastic that is at least 2.25 mils thick.
If any section, subsection, clause, phrase or other portion
of this chapter is, for any reason, declared invalid, in whole or
in part, by any court, agency, commission, legislative body or other
authority of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent portion. Such declaration shall
not affect the validity of the remaining portions hereof, which other
portions shall continue in full force and effect.