[Adopted 1-15-2019 by Ord. No. 2019-01]
A.
It is in the best interests of the citizens of and visitors to the
Town of Bar Harbor to protect the environment and natural resources
of the Town and the State of Maine and the bodies of water within
and adjacent to the Town by: prohibiting the use and distribution
of plastic single-use carryout bags, discouraging the distribution
of disposable paper single-use carryout shopping bags, and encouraging
the use of reusable shopping bags.
B.
Therefore, the purpose of this article is to limit the use of single-use
carryout bags to reduce litter and to reduce the environmental impact
caused by the use of single-use plastic bags.
This article is enacted under the Home Rule Authority of municipalities
pursuant to the Constitution of the State of Maine, Article VIII,
Part 2, Section 1, the provisions of Title 30-A M.R.S.A. Chapter 141,
and the general power of municipalities to enact police power ordinances.
As used in this article, the following terms shall have the
meanings indicated:
An individual who purchases or accepts food, beverage or
merchandise for use or consumption.
Bags without handles used exclusively to carry produce, meats,
seafood and bulk items, for the purpose of containing those items
or preventing direct contact between those items and other items.
These bags are used to carry items to the point of sale inside a store
or to prevent such items from coming into direct contact with other
purchased items.
A bag specifically designed and manufactured for the repeated
use of carrying food, beverage or merchandise, whether made of cloth,
fiber or plastic; is machine washable or made from a material that
can be cleaned and disinfected regularly; has the capability of carrying
18 pounds or more; and, if plastic, is at least 4.0 mil thick.
A bag other than a reusable bag, as defined above, provided
at the check stand, cash register, point of sale, or other point of
departure for the purpose of transporting food or merchandise out
of the store. The term single-use carryout bag includes compostable
and biodegradable bags, but does not include reusable bags, produce
bags, product bags required for special handling, or bags provided
by pharmacists to contain prescription drugs.
Any commercial enterprise engaged in the sale of food and
merchandise, including but not limited to grocery and convenient stores,
markets, pharmacies, restaurants, takeout food, temporary and seasonal
businesses, and other merchant retailers.
Except as provided below, no store as defined above shall provide
or sell a single-use carryout bag to a customer at a checkout stand,
cash register, point of sale or other point of departure for the purpose
of transporting any goods or merchandise out of the establishment.
A.
A store may, at its discretion, make a reusable bag or a paper bag
available to the customer either for free or for a fee at the checkout
stand, cash register, point of sale or other point of departure for
the purposes of transporting food or merchandise out of the establishment.
Businesses shall keep any proceeds from the sale of reusable bags
and paper bags at point of sale.
B.
Customers are encouraged to bring reusable bags to stores, which
may choose to provide a rebate for such.
C.
Customers may use bags of any type that they bring into the store
for their own use.
A.
The Code Enforcement Officer shall have the primary responsibility
of the enforcement of this article. If the CEO determines that a violation
of the article has occurred, a written warning notice shall be issued
to the store. If an additional violation occurs after a written warning
has been issued, the CEO shall issue a written notice of violation
(NOV) and shall impose a penalty as set forth below.
B.
Violations of this article shall be punishable by fines as follows:
(1)
A fine not exceeding $100 for the first written NOV violation in
a one-year period.
(2)
A fine not exceeding $200 for the second and each subsequent written
NOV in a one-year period. Each day that a violation occurs shall be
considered a subsequent violation.
(3)
Fines are payable within 15 days of receipt of written notice of
violation.
Any decision, action, or inaction pertaining to this article
may be appealed to the Maine Superior Court (Hancock County) within
30 days of the decision, action or inaction.
In the event any portion of this article shall be found to be
invalid by a court of competent jurisdiction, the remaining portions
of the article shall remain in effect.
The provisions of this article shall become effective 30 days
after the Town Council's passage.
