A.
This chapter is intended to further the Village's plan to protect
and preserve the Village's unique coastal and waterfront resources
and conserve the environment.
B.
The Board of Trustees of the Village of Sea Cliff enacts this chapter
to:
(1)
Promote the use of reusable bags over single-use carry-out bags,
to reduce the negative environmental and economic impacts associated
with single-use carry-out bags. Most carry-out bags made from either
plastic, paper or other materials do not readily decompose, and contribute
to problematic litter because of their light weight, allowing them
to be blown into sidewalks, trees, the harbor, the ocean and onto
the beach and other environmentally sensitive locations, as well as
into the streets blocking storm drains. Production of paper bags is
detrimental to the environment in that it requires cutting of trees
and use of energy. Studies indicate that the imposition of fees on
carry-out bags is effective in reducing the proliferation of plastic
bags, and protecting the environment. In lieu of a total ban on single-use
carry-out bags, the Village finds that imposing a bag fee on the customer
can create a shift in consumer behavior toward the use of reusable
bags and significantly reduce the amount of carry-out bags within
the Village. The adoption of this chapter is intended to encourage
consumers in the Village to use their own reusable bags for shopping.
(2)
To discourage the use of nonbiodegradable litter, including polystyrene
and plastics.
(a)
Expanded polystyrene (EPS), commonly referred to as "Styrofoam,"
is a petroleum-based plastic made from the styrene monomer. EPS has
been identified as a potential human carcinogen by the United States
Department of Health and Human Services and the International Agency
for Research of Cancer. The Environmental Protection Agency (EPA),
Food and Drug Administration (FDA), and Occupational Safety and Health
Administration (OSHA) have all set EPS exposure levels (EPA-drinking
water; FDA-bottled water, and OSHA-workplace air). EPS is used in
a number of common food container products. The substance has historically
been difficult and costly to recycle and poorly biodegradable. Most
of the EPS that ends up in landfills will be there 500 years after
its arrival. EPS also can be toxic when burned. It often is found
among common litter in the Village or in landfills throughout the
region. Because of the nature and ubiquity of EPS, it can threaten
animal and human health. It is for these reasons that the Village
seeks to ban the use of certain EPS items.
(b)
Plastics synthesized from petroleum and natural gas do not biodegrade,
particularly in a marine environment. Plastic beverage straws, stirrers
and cutlery generally are made from polypropylene. A ban on plastic
straws, stirrers and cutlery will further the Village's goal
of reducing nonbiodegradable litter and protecting the Village's
important natural resources.
As used in this chapter, the following terms shall be defined
as follows:
Any retail business.
A bag provided by a business establishment to a customer
typically at the point of sale for the purpose of transporting purchases.
Any of the following:
A bag without handles that is used to carry produce, meats,
loose. baked goods, loose dry goods, dry cleaning, newspaper delivery
bags, liquor store sales, flowers or other non-prepackaged food items
to the point of sale within a store or market, or to prevent such
items from coming in direct contact with other purchased items; or
A bag provided by a doctor, pharmacist or veterinarian to carry
prescription drugs.
Blown polystyrene and expanded and extruded foams or other
plastic foams that are thermoplastic materials utilizing a styrene
monomer and processed by any number of techniques, including, but
not limited to, fusion of monomer spheres (expanded bead plastic),
fusion of polymer spheres (expandable bead foam), injection molding,
foam molding, and extrusion-blown molding (extruded foam polystyrene).
A premises or part of a premises where food is provided directly
to the consumer, whether such food is provided free of charge or sold,
and whether consumption occurs on or off the premises or is provided
from a pushcart, stand or vehicle. Food service establishment shall
include, but not be limited to, full-service restaurants, fast food
restaurants, cafes, delicatessens, coffee shops, grocery stores, vending
trucks, tables or carts, and cafeterias.
A tube made predominantly of polypropylene, for transferring
a beverage from its container to the mouth of the drinker, intended
for single use.
Any utensil, such as a fork, spoon, or knife, made predominantly
of polypropylene, intended for single use.
A device that is used to mix a beverage, made predominantly
of polypropylene, intended for single use.
A business or establishment engaged in the retail sale of
personal, consumer or household items, including but not limited to,
grocery stores, supermarkets, convenience stores, home center, apparel
stores, office supply stores, personal service stores and food service
establishments, whether such sale is made inside or outside a store
or at a sidewalk or street fair or farmers market.
A carry-out bag with handles that is specifically designed
and manufactured for multiple reuse and is either:
[Amended 4-16-2018 by L.L. No. 3-2018]
All bags, sacks, wrapping, cups, containers, cartons, bowls,
lids, closures, trays, plates, forks, knives, spoons, stoppers, paddles,
straws, place mats, toothpicks and all similar articles that are intended
by the manufacturer for single use or that are generally recognized
by the public as items to be discarded after a single use.
