[Adopted 6-3-2014 by L.L. No. 2-2014]
Nonbiodegradable 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 intent of this article is to improve the environment in Hastings-on-Hudson by encouraging the use of reusable checkout bags and banning the use of plastic bags for retail checkout of purchased goods.
For purposes of this article, the terms used herein are defined as follows:
CHECKOUT BAG
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.
GARMENT BAG
A large plastic bag with two openings that is used to transport clothing from a dry cleaner.
PLASTIC PRODUCE BAG
A flexible container made of very thin plastic material with a single opening that is used to transport produce, meats or other items selected by customers to the point of sale.
RECYCLABLE PAPER BAG
A paper bag that should have the following characteristics:
A. 
Contains no old-growth fiber;
B. 
Is one-hundred-percent recyclable overall and contains a minimum of forty-percent postconsumer 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.
A. 
Any person engaged in retail sales shall provide only reusable bags and/or recyclable paper bags as checkout bags to customers.
B. 
Nothing in this section shall preclude persons engaged in retail sales from making reusable bags available for sale to customers.
A. 
In the event that there is noncompliance with this article, 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.
B. 
Any owner, representative, or business establishment which violates any provision of this article shall, upon conviction of violation, be fined not more than $100 for a first violation after a first-time warning and a fine not exceeding $200 for a second or subsequent violation.
C. 
Any violation of this article may also be enjoined pursuant to law.