[HISTORY: Adopted by the Board of Trustees of the Village
of Larchmont 3-19-2013 by L.L. No. 1-2013. Amendments noted where
applicable.]
GENERAL REFERENCES
Littering — See Ch. 189.
The intent of this chapter is to improve the environment in
the Village of Larchmont 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.
For the purposes of this chapter, the following words, terms
and phrases shall have the following definitions:
A carry-out 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 clothing retailer or a garment cleaner such as 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:
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 homes.
A bag with handles that is specifically designed and manufactured
for multiple reuse and is:
Any person engaged in retail sales shall provide only reusable
bags and/or recyclable paper bags as checkout bags to customers.
A.
In the event that there is noncompliance with this chapter, the owner
of the property where the violation has occurred 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 the violating
activity. Such notice shall be served upon the person to whom it is
directed either by delivering it personally to him or her or by posting
the same upon a conspicuous portion of the property and sending a
copy of the 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.
B.
The penalty for each violation thereafter shall be a fine not exceeding
$150 for each offense.
C.
Each day that such violation continues shall constitute a separate
violation and shall be punishable as such.
This chapter shall become effective on October 1, 2013, to allow
retail establishments to dispose of their existing inventory of plastic
checkout bags and convert to alternative packaging materials.
