[HISTORY: Adopted by the Town Meeting of the Town of Ipswich 5-10-2016 ATM by Art. 12, approved by
Attorney General 8-9-2016 (Ch. XXIII of the 1973 Bylaws).[1] Amendments noted where applicable.]
[1]
Editor's Note: The section numbers and subsection designations in this bylaw have been modified from the original so as to match the style and organization of the General Bylaws as codified. In addition, any internal cross-references to the prior numbering have been modified accordingly. See § 5-4 of this Code.
The production and use of thin-film single-use plastic bags
significantly impacts the marine and land environments of coastal
communities. Their negative effects include but are not limited to
the following: contributing to the death of marine animals through
ingestion or entanglement; contributing to pollution of the land and
sea; burdening our solid waste collection and recycling facility;
clogging our storm drainage systems; and requiring the use of millions
of barrels of crude oil for their manufacture. The purpose of this
article is to eliminate the usage of thin-film single-use plastic
bags by all retail establishments in the Town of Ipswich.
[Amended 10-16-2018 STM
by Art. 6, approved by Attorney General 1-23-2019]
For purposes of this article the following definitions shall
apply:
1.
"Plastic
Checkout Bag" shall mean any checkout bag made of plastic that does
not meet the definition of "Reusable Bag," typically with plastic
handles, and intended for transport of purchased products.
2.
"Reusable
bag" shall mean a sewn bag with stitched handles that is specifically
designed for multiple uses and is made of either polyester, polypropylene,
cotton or other natural fiber material.
3.
"Retail
establishment" shall mean any business facility that sells goods directly
to consumers including, but not limited to, grocery stores, pharmacies,
liquor stores, "mini marts," or retail stores and vendors selling
clothing, food, household or personal items.
[Amended 10-16-2018 STM
by Art. 6, approved by Attorney General 1-23-2019]
A.
Plastic
checkout bags shall not be distributed or sold from any retail establishment
within the Town of Ipswich.
B.
Customers
are encouraged to take their own reusable bags to stores. Retail establishments
may provide reusable or paper bags at no charge, or impose a fee for
paper, as they so desire. Retail establishments are strongly encouraged
to make reusable bags available for sale to customers at a reasonable
price.
C.
Plastic
bags used to contain dry cleaning, newspapers, produce, meat, bulk
foods, wet items or similar merchandise, typically without handles,
are exempt from the provisions of this article.
The Town shall send written notice detailing the restrictions
imposed by this regulation to those retail establishments likely to
be subject to this article on or before December 31, 2016.
A.
This article
shall be enforced by municipal designee of the Town Manager.
B.
This article
may be enforced through any lawful means, including but not limited
to non-criminal disposition pursuant to MGL c. 40, § 21D.
In the event of such disposition, and subject to the safeguards of
§ 21D, any retail establishment that violates any provision
of this article shall be subject to the following penalties:
(1)
Upon
the first violation, the Town Manager’s designee shall provide
the violator with written notice of such violation and issue a written
warning that any subsequent violations shall result in the imposition
of a fine. The violator will then be entitled to 30 days after receipt
of such notice to cure the violation before imposition of the fine.
(3)
Each
day that a retail establishment continues to distribute thin-film
single-use bags shall constitute a separate violation of this article.
(4)
Fines
are cumulative and each day or portion thereof shall constitute a
separate offense. If more than one violation occurs, each condition
violated shall constitute a separate offense.
(5)
Whoever
violates any provision of this article shall be penalized by a complaint
brought by the Town in accordance with MGL c. 40, § 21D.
A.
If any
provision of this article is determined to be invalid for any reason,
such determination shall not affect the remaining provisions of this
article.
Expanded polystyrene food containers form a significant portion
of the solid waste going into our landfills. Local landfills are running
out of room; our future solid waste may need to be transported hundreds
of miles to a landfill at a considerable cost. Expanded polystyrene
containers are not biodegradable; once buried in a landfill they will
remain there for centuries. Polystyrene contains dangerous substances
which when heated release toxic chemicals that may be carcinogenic.
Eliminating expanded polystyrene food and beverage containers is in
the best interest of the health and welfare of the inhabitants of
the Town of Ipswich.
For purposes of this article the following definitions shall
apply:
1.
"Disposable
food service container" shall mean single-use disposable containers
for serving or transporting prepared, ready-to-eat food or beverages,
including but not limited to, take-out foods or leftovers from partially-consumed
meals prepared by a food establishment. This includes, but is not
limited to, plates, cups, bowls, trays, hinged or lidded containers,
but does not include single-use disposable packaging for unprepared
foods.
2.
"Food establishment"
shall mean any operation that stores, prepares, packages, serves,
vends, or otherwise provides food for human consumption. Any establishment
requiring a permit to operate in accordance with the Ipswich Board
of Health shall be considered a food establishment.
3.
"Prepared
food" shall mean any food or beverage prepared for consumption on
the food establishment’s premises, using any cooking or food
preparation technique. This does not include raw uncooked meat, fish
or eggs unless provided for consumption without further food preparation.
4.
"Expanded
polystyrene" shall mean blown polystyrene (polystyrene which has been
expanded or blown into a solid foam using a gaseous blowing agent)
and expanded or extruded forms, which are thermoplastic petrochemical
materials using a styrene monomer and processed by any number of techniques
including, but not limited to, fusion of polymer spheres (expandable
bead polystyrene), injection molding, form molding, and extrusion-blown
molding (extruded from polystyrene), sometimes called Styrofoam, a
trademarked form of polystyrene foam.
5.
"Restaurant"
shall mean any establishment which serves food for consumption, whether
on or off premises.
6.
"Retail
food establishment" shall mean any establishment which sells food
for consumption off premises, including but not limited to grocery
stores, theaters, and all other food service establishments not included
in the definition of a "restaurant" above.
7.
"Expanded
Polystyrene" (EPS) shall mean any polystyrene that has been expanded
or "blown" using a gaseous blowing agent into a solid foam.
8.
"Polystyrene"
shall mean any expanded polystyrene which is a thermoplastic petrochemical
material utilizing a styrene monomer and processed by any number of
techniques including, but not limited to, fusion of polymer spheres
(expandable bead polystyrene), injection molding, form molding, and
extrusion-blow molding (extruded from polystyrene). The term "polystyrene"
also includes clear or solid polystyrene which is known as "oriented
polystyrene."
Expanded polystyrene food or beverage disposable food service
containers shall not be used to package or serve food or beverages
by restaurants or retail food establishments within the Town of Ipswich.
This article shall not apply to the packaging of uncooked meat, poultry,
or fish.
The Town shall send written notice detailing the restrictions
imposed by this regulation to those retail establishments likely to
be subject to this article on or before December 31, 2016.
A.
This article
shall be enforced by municipal designee of the Town Manager.
B.
This article
may be enforced through any lawful means, including but not limited
to noncriminal disposition pursuant to MGL c. 40, § 21D.
In the event of such disposition, and subject to the safeguards of
§ 21D, any retail establishment that violates any provision
of this article shall be subject to the following penalties:
(1)
Upon
the first violation, the designee of the Ipswich Town Manager shall
provide the violator with written notice of such violation and issue
a warning that any subsequent violations shall result in the imposition
of a monetary penalty. The violator will then be entitled to 30 days
after receipt of such notice to cure the violation before receiving
a penalty.
(3)
Each
day that a retail establishment continues to distribute expanded polystyrene
food or beverage disposable food service containers shall constitute
an individual violation of this article.
C.
Fines
are cumulative and each day or portion thereof shall constitute a
separate offense. If more than one offense occurs, each condition
violated shall constitute a separate offense.
D.
Whoever
violates any provision of this article may be penalized by a complaint
brought by the Town of Ipswich in the District Court Department of
the Trial Court of the Commonwealth.
A.
If any
provision of this article is determined to be invalid for any reason,
such determination shall not affect the remaining provisions of this
article.