Single-use plastic bags are often discarded into the environment,
which ends up polluting our waterways, oceans, streams, lakes, ponds,
endangering marine life and causing unsightly litter, and getting
trapped in our sewer systems. It can take up to 20 years for a plastic
bag to decompose. It has been determined that plastic bags pose a
risk to the environment, particularly to wildlife and marine animals
so as to constitute a public nuisance.
The following words, terms and phrases, when used in this ordinance,
shall have the following meanings:
CARRYOUT BAG
A thin film plastic bag of a thickness less than four mils
with handles provided to a customer by an establishment and is used
to transport merchandise from said establishment. Carryout bags do
not include bags without handles used to contain dry cleaning, newspapers,
small bags to contain fish, meats, produce or other products selected
by the consumer to deliver items to the point of sale.
DOUBLE-OPENING PLASTIC BAG
Any thin plastic bag with a double opening (top and bottom)
to protect clothing or other items for transport.
ESTABLISHMENT
Any business selling goods, articles, or personal services
to the public, including restaurants.
PLASTIC BARRIER BAG
Any thin plastic bag with a single opening used to:
A.
Transport fruit, vegetables, nuts, grains, small hardware items
or other items selected by customers to the point of sale.
B.
Contain or wrap flowers, potted plants, or other items where
damage to the good or contamination of other goods placed together
in the same bag may be a problem.
C.
Contain or wrap fresh or frozen foods, meat(s) or fish, whether
prepackaged or not.
D.
Contain unwrapped prepared foods or bakery goods.
E.
Provide protection for newspapers and other printed material
delivered to consumers.
RECYCLABLE PAPER BAG
A bag that is:
B.
Contains at least 40% post-consumer recycled paper content.
C.
Displays the words "reusable," "recyclable" or the recycled
symbol of a triangle on the outside of the bag.
RETAIL SALES
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
the sale of goods at yard sales, tag sales, garage sales, other sales
by residents at their home, and sales by nonprofit organizations.
REUSABLE BAG
A reusable bag must meet all the following requirements:
A.
Is made solely of or in a combination of natural cloths, synthetic
fibers, other washable material or of a nontoxic plastic as defined
by applicable state and federal guidelines that is no less than four
mils thick and has the work "reusable" or "reuse" or the recycle symbol
of a triangle printed on the outside of the bag in a visible manner.
B.
Is specifically designed and manufactured for multiple reuse
and has handles which are stitched and not heat infused.
SINGLE-USE PLASTIC CARRYOUT BAG
A plastic bag used by the customer at the point of sale for
the purpose of removing products purchased from a business establishment.
Single-use plastic carryout bags shall include any plastic bag except
plastic barrier bags, double-opening plastic bags, plastic bags measuring
larger than 28 inches by 36 inches; or plastic bags four mils or more
in thickness.
Appeals shall be in accordance with the appeal procedures for
the Town of Westerly Municipal Court.