[HISTORY: Adopted by the Board of Trustees of the Village
of Piermont 9-4-2018 by L.L. No.
4-2018. Amendments noted where applicable.]
The intent of this chapter is to improve the environment in
the Village of Piermont by encouraging the use of reusable checkout
bags, and banning the use of plastic bags and Styrofoam packaging
for retail checkout of purchased goods. Retail establishments are
encouraged to make reusable bags available for sale.
A.Â
Plastic bags and Styrofoam packaging often are discarded into the
environment and end up polluting our waterways, clogging sewers, endangering
marine life, and causing unsightly litter. These bags last hundreds
of years in landfills and are a potential source of harmful chemicals
when they do break down.
B.Â
The Village Board finds that the use of single-use plastic carryout
bags has negative environmental impacts, including GHG emissions,
litter, water consumption, solid waste generation and effects on wildlife
and that numerous studies have documented the prevalence of single-use
carryout bags, littering the environment, blocking storm drains and
fouling the riverfront and beaches. Single-use plastic bags do not
biodegrade but instead break down into smaller pieces that are ingested
by marine animals and make their way into the food chain. Furthermore,
the manufacturing, transport, recycling and/or disposal of paper bags
require significant environmental resources. Styrofoam material similarly
is not biodegradable.
C.Â
The Village Board believes that, from an overall environmental and
economic perspective, a shift to reusable bags is a better alternative
to the continued use of single-use plastic and paper carryout bags.
Similar policies adopted in other jurisdictions have resulted in significant
reductions in the use of single-use carryout bags. The Village Board
finds that such a shift in use shall be a benefit to the overall health,
safety and welfare of the Village of Piermont, its residents and the
local environment.
D.Â
Therefore, the Piermont Board has decided to adopt a new chapter
of the Village Code designed to limit the use of disposable single-use
carryout bags, incentivize the use of reusable carryout bags, and
ban the use of Styrofoam containers and cups.
For the purposes of this chapter, the following words, terms
and phrases shall have the following definitions:
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, garment bags, or plastic bags measuring 28 inches by 36 inches
or larger in size.
A large plastic bag with two openings that is used to transport
clothing from a clothing retailer or a garment cleaner such as a dry
cleaner.
A bag made of very thin plastic used to transport produce,
meats or other items selected by customers.
A paper bag that should have the following characteristics:
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmers' markets,
flea markets and restaurants. 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:
Expanded polystyrene foam (EPS), such as cups, plates, take-out
food containers, and packing materials, commonly known as "Styrofoam."
Any person engaged in retail sales shall provide only recyclable
paper bags as checkout bags, and/or reusable bags, and shall only
provide non-Styrofoam packaged containers to customers.
A.Â
In the event that there is noncompliance with this chapter, the owner
or local manager shall be notified in writing with a first-time warning
and shall forthwith stop the violating activity. Such notice shall
be served upon the person to whom it is directed either by delivering
it personally to him or her or by posting the same upon a conspicuous
portion of the property and sending a copy of the same by certified
mail. Such notice shall provide a period of 10 business days to cure
such violation and come into compliance with this chapter, after which
a violation and summons may be issued.
B.Â
The penalty for each violation thereafter shall be a fine not exceeding
$150 for each offense.
C.Â
Each day that such violation continues shall constitute a separate
violation and shall be punishable as such.
This chapter shall become effective on January 1, 2019, to allow
retail establishments to dispose of their existing inventory of plastic
checkout bags and to convert to alternative packaging materials.
