[HISTORY: Adopted by the Town of Lunenberg 11-13-2018 STM by Art. 17. Amendments
noted where applicable.]
A.Â
The production and use of thin-film single-use plastic checkout bags
have significant impacts on the environment, including, but not limited
to: contributing to the potential death of marine animals through
ingestion and entanglement; contributing to pollution of the land
environment; creating a burden to solid waste collection and recycling
facilities; clogging storm drainage systems; and requiring the use
of millions of barrels of crude oil nationally for their manufacture.
B.Â
The purpose of this bylaw is to eliminate the usage of thin-film
single-use plastic bags by all retail and grocery stores in the Town
of Lunenburg, by June 1, 2019.
A carryout bag provided by a store to a consumer at the point
of sale. Checkout bags shall not include bags, whether plastic or
not, in which loose produce or products are placed by the consumer
to deliver such items to the point of sale or checkout area of the
store.
A retail establishment where more than 50% of the gross floor
area is devoted to the sale of food products for home preparation
and consumption, which typically also offers home care and personal
care products.
An establishment that offers the sale and display of merchandise
within a building.
A bag, with handles, that is specifically designed for multiple
use and is made of thick plastic, cloth, fabric or other durable materials.
Typically with plastic handles, these are bags with a thickness
of 2.5 mils or less and are intended for single-use transport of purchased
products.
A.Â
Thin-film single-use plastic bags shall not be distributed, used,
or sold for checkout or other purposes at any retail or grocery store
within the Town of Lunenburg.
B.Â
Customers are encouraged to bring their own reusable or biodegradable
shopping bags to stores. Retail or grocery stores are strongly encouraged
to make reusable checkout bags available for sale to costumers at
a reasonable price.
C.Â
Thin-filmed plastic bags used to contain dry cleaning, newspapers,
produce, meat, bulk foods, wet items and other similar merchandise,
typically without handles, are still permissible.
A.Â
Enforcement of this bylaw shall be the responsibility of the Town
Manager or his/her designee. The Town Manager shall determine the
inspection process to be followed, incorporating the process into
other town duties as appropriate. Any retail or grocery store distributing
plastic grocery bags in violation of this bylaw shall be subject to
a non-criminal disposition fine as specified in Appendix A of the
Regulations for Enforcement of Town Bylaws under M.G.L. Chapter 40,
21D and the Bylaw for Non-Criminal Disposition of Violations. Any
such fines shall be paid to the Town of Lunenburg.
B.Â
And to amend Appendix A of the Non-Criminal Disposition Bylaw by
adding the following:
|
Bylaw
|
Fine Schedule
|
Fine Allowed
|
Enforcement Agency
|
|---|---|---|---|
|
Plastic Bag Reduction Bylaw
|
1st Offense
|
Warning
|
Town Manager's Designee
|
|
2nd Offense
|
$25.00
| ||
|
3rd and each subsequent offense
|
$50.00
|
