Village of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mamaroneck 7-16-2012 by L.L. No. 6-2012, effective 7-27-2012.[1] Amendments noted where applicable.]
Committee for Environment — See Ch. 20.
Environmental quality review — See Ch. 168.
Garbage, rubbish and refuse — See Ch. 200.
Littering — See Ch. 238.
Mandatory recycling — See Ch. 242.
Editor's Note: See § 281-6, which provides that the chapter become effective six months following its adoption.
The intent of this chapter is to improve the environment in the Village of Mamaroneck 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.
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, garment bags, or plastic bags measuring 28 inches by 36 inches or larger in size.
A large plastic bag with two openings that is used to transport clothing from a dry cleaner.
A bag made of very thin plastic used to transport produce, meats or other items selected by customers.
A paper bag that should have the following characteristics:
Contains no old growth fiber;
Is one-hundred-percent-recyclable overall and contains a minimum of 40% post-consumer recycled content; and
Displays the words "Reusable" and "Recyclable" on the outside of the bag.
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.
A bag with handles that is specifically designed and manufactured for multiple reuse and is:
Made of cloth or other fabric; and/or
Made of durable plastic that is at least 2.25 mils thick.
Any person engaged in retail sales shall provide only reusable bags and/or recyclable paper bags as checkout bags to customers.
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 with a first-time warning and shall forthwith stop with the violating activity. Such notice shall 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. Such notice shall provide a period of 10 business days to cure such violation and come into compliance with this chapter, after which a violation and summons may be issued.
The penalty for each violation thereafter shall be up to $150.
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.
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.
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.