[HISTORY: Adopted by the Town Board of the Town of Lewisboro 6-25-2018 by L.L. No. 7-2018. Amendments noted where applicable.]
The purpose of this chapter is to improve the environment in
the Town of Lewisboro (the "Town") and to protect the health, safety
and general welfare of its residents by encouraging the use of reusable
cloth or heavy plastic bags and banning single-use plastic bags for
retail checkout of purchased goods. Retail establishments are encouraged
to make cloth reusable bags available for sale and to encourage shoppers
to bring their own reusable bags. In furtherance of the aforementioned
purpose, it is also the intention of this chapter to prohibit the
use of styrofoam containers and styrofoam cups by delis, food stores,
food establishments and restaurants.
Nonbiodegradable plastic bags are often discarded into the environment.
Only a portion of them are deposited into landfills, while the remaining
portion contributes to the pollution of our waterways, clogs sewers,
endangers wildlife, and becomes litter which negatively impacts the
natural beauty of the Town. Further, small plastic particles which
have a toxic chemical composition are consumed by fish, which are
then consumed by humans, which has been shown to be harmful to human
health. Studies show that styrofoam containers are a contributing
factor to cancer in humans as toxic chemicals from such containers
leech into the food and drink contained therein.
As used in this chapter, the following terms shall have the
meanings indicated:
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 or plastic bags measuring 28 inches by 36 inches or larger in
size.
A flexible container bag made of very thin plastic material
with a single opening used to transport produce, meats or other items
selected by customers to carry said items to the point of sale.
A standard 12-inch-by-17-inch-by-seven-inch paper grocery
bag, with or without handles, that contains no old growth fiber, is
100% recyclable, contains a minimum of 40% post-consumer recycled
content, and displays the words "recyclable" on the exterior of the
bag.
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmer's markets,
flea markets, tag sales, sales by residents at their homes and sales
by nonprofit organizations.
Any person or entity engaged in retail sales.
A bag with handles made of cloth or other fabric and/or made
of durable plastic that is at least 2.25 mils thick.
Any type of expanded polystyrene foam ("EPS") material.
Retailers shall only provide reusable bags and recyclable paper
bags as checkout bags to customers. Retailers shall charge customers
a fee of not less than $0.15 for each paper bag. All fees collected
by a retailer under this chapter shall be retained by the retailer.
Nothing in this section shall prohibit retailers from making reusable
cloth bags available for sale to customers at a price determined by
the retailer. Plastic produce bags, newspaper plastic bags and dry
cleaner plastic bags shall not be considered checkout bags for the
purposes of this chapter and shall be exempt from the provisions of
this chapter.
This chapter shall become effective on January 1, 2019. This
provision is intended to provide retail establishments with the ability
to dispose of their existing inventory of plastic checkout bags and/or
styrofoam containers and cups.
Any person or entity who violates the provisions of this chapter
shall be guilty of a violation, punishable by a fine not exceeding
$250 for conviction of a first offense; for conviction of a second
offense, both of which were committed within a period of five years,
punishable by a fine not less than $500 nor more than $700; and upon
conviction for a third or subsequent offense, all of which were committed
within a period of five years, punishable by a fine not less than
$700 nor more than $1,000. However, for the purposes of conferring
jurisdiction upon courts and judicial officers generally, violations
of this chapter shall be deemed misdemeanors, and for such purpose
only, all provisions of law relating to misdemeanors shall apply to
such violations, but the charge itself shall be a violation level
offense as a violation of the Town Code. Each day's continued
violation shall constitute a separate additional violation as may
be cited.
Notwithstanding anything to the contrary in this chapter, the
following containers, cups and articles shall be exempt from the prohibition
provided in this chapter:
A.
Styrofoam containers used for prepackaged food filled and sealed
prior to receipt by the store.
B.
Single-service articles consisting of styrofoam sold in food stores
off the shelf that do not contain any food or beverages in them.
C.
Styrofoam containers used to store raw meat, pork, fish, seafood
or poultry sold from a butcher case or similar retail appliance.
