[Adopted 5-4-2015 ATM
by Art. 40]
A.
The production and use of single-purpose plastic bags has significant
impacts on the marine and land environment of communities, including
coastal communities, including but not limited to deaths of marine
and terrestrial animals through ingestion, entanglement, the pollution
of land resources through litter requiring significant expense to
remove, the clogging of storm drainage systems, interference with
single-stream resource recovery systems, which are generally not equipped
to handle plastic bags, and using millions of gallons of fossil fuels
in the U.S. in connection with their manufacture.
B.
Therefore, the Town of Harwich seeks to phase out the single-use
plastic bags by all retail establishments over the period of 12 months
from the effective date of this bylaw. The purpose of this legislation
is to phase out the usage of single-use checkout bags by retail establishments
and restaurants in the Town of Harwich.
As used in this article, the following terms shall have the
meanings indicated:
Any business selling goods, articles, food or personal services
to the public, including takeout restaurants.
A bag that is specifically designed for multiple use and
is made of cloth, fabric or other durable materials.
Bags made of plastic with integral handles, and of a thickness
less than 2.5 mils, that are intended to be used for the transport
of products purchased at an establishment as defined herein.
A.
Single-use plastic bags shall not be distributed or sold at any establishment
within the Town of Harwich. Existing stock of single-use bags shall
be phased out within 12 months of adoption of this bylaw; any remaining
stock shall be disposed of properly by the establishment.
B.
Customers are encouraged, in the meantime, to bring their own reusable
shopping bags to stores. Establishments may provide reusable bags
at no charge or charge a fee for paper or other reusable bag, as they
choose. Establishments are strongly encouraged to make reusable bags
available to customers at a reasonable price.
C.
Thin-film plastic bags used by establishments to contain dry-cleaning,
newspapers, produce, meat, bulk foods, wet items and other similar
merchandise, typically without handles, are exempt from the provisions
of this bylaw.
A.
This bylaw may be enforced by any Town police officer, enforcement
officers or agents of the Board of Health.
B.
This bylaw may be enforced through any lawful means in law or in
equity, including, but not limited to, noncriminal disposition pursuant
to MGL c. 40, § 21D, and the appropriate chapter of the
General Bylaws of the Town of Harwich. If noncriminal disposition
is elected, then any establishment which violates any provision this
bylaw shall be subject to the following penalties:
C.
Subsequent offenses shall be determined as offenses occurring within
two years of the date of the first noticed offense. Each day or portion
thereof shall constitute a separate offense.
