[HISTORY: Adopted by the 5-7-2018 Annual Town Meeting, Art. 36. Amendments noted where applicable.]
The use and disposal of single-use plastic bags are proven to
have significant negative impacts on marine and land environments
of our coastal community, including but not limited to:
A.
Contributing to the harm of marine and terrestrial wildlife through
ingestion and entanglement;
B.
Pollution and degradation of the terrestrial and coastal environments;
C.
Storm drainage system overload; and
D.
Disposal burdens for solid waste collection and recycling facilities.
Therefore, the Town of Orleans seeks to protect its natural
resources by prohibiting the use of single-use plastic bags by all
retail establishments through a phase-out period of 12 months from
the effective date of this article.[1]
[1]
Editor's Note: This article took effect on 8-31-2018.
As used in this chapter, the following terms shall have the
meanings indicated:
Any business selling goods, food, or services to the public,
including but not limited to: markets; restaurants; bars; take-out
food purveyors; and merchandise retailers.
A bag that is specifically designed and manufactured for
multiple reuse and is made of cloth or other durable materials.
A bag made of plastic, including but not limited to bags
made of high-density polyethylene, low density polyethylene, "biodegradable,"
"compostable," with a thickness of less than 3.5 mils provided at
the checkout stand, cash register, point of sale or other point of
departure intended for the purpose of transporting food or merchandise
out of the establishment.
The requirements of this bylaw shall apply to single-use plastic
bags, as defined above. Said bags shall no longer be distributed,
sold, or provided at any Town of Orleans establishment after the twelve-month
phase-out period. Any stock remaining after that date shall be recycled
or returned to the manufacturer by the establishment. Establishments
may provide paper, reusable bags, or boxes at no charge, or charge
a fee which would be kept by the establishments, as they so desire.
The following are exempt and not subject to the provisions of
this article:
1.
Plastic bags used for newspapers, pet waste, yard waste, household
garbage, or protective dry cleaning bags.
2.
Bags sold in quantity (bulk) for home food storage.
3.
Bags used for the protection of raw foods, including but not limited
to, produce or meat/fish products.
4.
Packaging used during the transport of products to an establishment
from the manufacturer.
This bylaw may be enforced by any Town of Orleans police officer
or agent of the Board of Health.
Any person or establishment violating this chapter shall be
punished by a noncriminal fine of not more than fifty dollars ($50)
for each offense. Each day that such offence continues shall constitute
a separate offense.
