[HISTORY: Adopted by the Village Board of Trustees of the
Village of Pleasantville 7-9-2018 by L.L. No. 3-2018. Amendments noted where applicable.]
GENERAL REFERENCES
Solid waste — See Ch. 151.
A.
The intent of this chapter is to encourage consumers in the Village
of Pleasantville to use reusable bags for the retail checkout of purchased
goods and to restrict the use of single-use plastic carryout bags.
B.
The Village of Pleasantville, having reviewed the findings of the
County of Suffolk as set forth in its ordinance effective January
2018, determines that they are consistent with the findings of numerous
other municipalities throughout the country that have passed similar
laws, determines that the County of Suffolk findings are compelling
and hereby resolves to adopt those findings in this chapter.
C.
Those findings include:
(1)
That data released by the United States Environmental Protection
Agency shows that between 500,000,000,000 and 1,000,000,000,000 plastic
bags are consumed worldwide each year.
(2)
That most plastic bags do not biodegrade; over time, the bags break
down into smaller, more toxic petro-polymers which eventually contaminate
soils and waterways.
(3)
That it is estimated that plastic bags account for over 10% of debris
that washes up on our nation's coastlines.
(4)
That plastic bags can have a devastating effect on wildlife; birds
can become entangled in the bags and different species of sea life
can die from ingesting plastic bags which they mistake for food.
(5)
That plastic shopping bags are made from polyethylene, a thermoplastic
made from oil. Accordingly, reducing the use of plastic bags will
decrease our dependence on fossil fuels.
(6)
That only 5% to 7% of plastic bags are recycled, in part due to the
fact that it costs more to recycle a bag than to produce a new one.
(7)
That Americans consume more than 10,000,000,000 paper bags each year
and 14,000,000 trees are cut down yearly for the manufacturing of
paper.
(8)
That paper production requires large amounts of water, energy, and
chemicals and can emit toxic and hazardous chemicals into the air
and water.
(9)
That the nation's paper industry generates more than 12,000,000
tons of solid waste every year.
(10)
Studies indicate that fees on carryout bags are effective in reducing
the proliferation of paper and plastic bags and protecting the environment.
D.
The Village of Pleasantville has adopted the New York State Department
of Environmental Conservation's "Climate Smart Communities" pledge,
a ten-measure commitment to encourage renewable energy, to increase
recycling efforts, and to factor climate change, sustainability, and
the use of environmentally sound goods and services into all development
plans.
E.
Therefore, the purpose of this chapter is to encourage consumers
in the Village of Pleasantville to reduce waste, thus improving the
environment both locally and globally, and, in so doing, improving
the lives of our residents.
For the purpose of this chapter, the following terms shall have
the meanings indicated:
Any bag that is provided by a covered store to a customer
at the point of sale and is used to carry goods from such store; provided,
however, that such term shall not include any of the following:
Bags without handles used to carry produce, meats, poultry,
fish, dairy, dry goods or other nonprepackaged food items to the point
of sale within a covered store or to prevent such food items from
coming into direct contact with other purchased items;
Bags provided by a pharmacy to carry prescription drugs;
Garment bags;
Bags used to contain or wrap flowers, potted plants, or other
items where damage to or contamination of other goods placed together
in the same bag may be a problem (includes paper bags to protect bottles,
newspaper bags, plastic bags around ice cream or other wet items,
and small paper bags for greeting cards);
Bags used to contain unwrapped prepared goods or bakery goods;
Newspaper bags; or
Bags sold in packages containing multiple bags intended for
use as garbage, pet waste, or yard waste bags.
An establishment in the Village of Pleasantville engaged
in the retail sale of personal, consumer or household items, including
but not limited to drug stores, liquor stores, gasoline stores, mini-marts,
farmers market vendors, pharmacies, grocery stores, supermarkets,
convenience stores, food marts, apparel stores, home center and hardware
stores, stationery and office supply stores, and food service establishments
located within grocery stores, supermarkets, convenience stores or
food marts, that provide carryout bags to customers in which to place
purchased items. The term "covered store" does not include a restaurant,
deli or any other food service establishment that receives 90% or
more of its revenue from the retail sale of prepared food to be eaten
on or off its premises or yard sales, tag sales, other sales by residents
at their home, sales by not-for-profit organizations, or flea markets.
A place where prepared food is provided for individual portion
service directly to a consumer, whether consumption occurs on or off
the premises.
Any natural person, firm, corporation, partnership or other
organization or group however organized.
A paper bag that should have the following characteristics:
Contains no old-growth fiber;
Is 100% recyclable overall and contains a minimum of 40% post-consumer
recycled content;
Displays the words "reusable" and "recyclable" on the outside
of the bag; and
Can be sorted and reconstituted using available recycling collection
programs for the purpose of using the altered form in the manufacture
of a new product.
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmers markets and flea
markets. The term "retail sales" does not include sales of goods at
yard sales, tag sales, and other sales by residents at their homes.
A bag with handles that is specifically designed and manufactured
for multiple reuse and is:
Machine washable or easily cleaned or disinfected;
Made of cloth, durable plastic that is at least 2.25 mails thick
or recycled materials; and
Does not contain lead, cadmium, or any other heavy metals in
toxic amounts, as defined by applicable state and federal standards
and regulations for packaging or reusable bags.
A plastic bag with handles, other than a reusable carryout
bag, provided at the checkout stand, cash register, point of sale,
or other location for the purpose of transporting food or merchandise
out of a covered store which is made predominately of plastic derived
from petroleum or from bio-based sources, such as corn or other plant
sources. "Single-use plastic carryout bag" includes compostable and
biodegradable bags, but does not include any of the bags excluded
in the definition of "carryout bag."
A.
Upon the effective date of this chapter, covered stores shall charge
a fee of not less than $0.10 for each carryout bag, whether it is
a single-use plastic carryout bag or recyclable paper carryout bag,
provided to any customer and not less than $0.25 for each reusable
carryout bag provided to any customer. All fees collected by a covered
store under this chapter shall be retained by the store.
B.
No covered store shall charge a fee for or prevent a customer from
using a carryout bag brought by the customer to such store to carry
purchased goods from such store.
Commencing on the first day of the sixth month following the effective date of this chapter, single-use plastic carryout bags, as defined, may no longer be distributed for free or for a fee by covered stores. Covered stores shall continue to charge a fee of not less than $0.10 for each recyclable paper carryout bag pursuant to § 80-3.
A.
Paper carryout bags provided by covered stores to customers shall
contain a minimum of 40% post-consumer recycled content and be conspicuously
labeled with the amount of post-consumer recycled content.
B.
In order to protect customers by providing them with the option of
not taking a bag that incurs a charge, prior to providing a bag, the
customer must be verbally informed of the carryout bag cost fee at
point of sale.
C.
All covered stores must indicate on the customer receipt the number
of single-use plastic carryout bags (during the first 12 months),
reusable bags or recyclable paper carryout bags provided and the total
amount charged for the bags.
D.
Nothing in this section shall prohibit a covered store from encouraging
and providing incentives for the use of reusable bags through education
and through credits or rebates for customers that bring their own
carryout bags at the point of sale for the purpose of carrying away
goods.
E.
Nothing in this section shall prohibit customers from using bags
of any type that they bring to the covered store themselves or from
carrying away goods that are not placed in a bag.
Any violation of this chapter shall be punishable by a civil
fine of $100 for the first violation, $200 for the second violation
and $500 for each proceeding violation. Each occurrence of a violation,
and each day that such violation continues, shall constitute a separate
violation and shall be subject to a separate penalty and may be cited
as such.
This chapter shall apply to all actions occurring on or after
the effective date of this chapter.
If any clause, sentence, paragraph, subdivision, section, or
part of this chapter or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this chapter,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This chapter shall take effect six months upon filing with the
Office of the Secretary of State of the State of New York.
