[Added 4-1-2019 by Ord.
No. 05-19]
The intent of this article is to improve the environment in
Middletown by encouraging the use of reusable checkout bags and banning
the use of plastic bags for retail checkout of purchased goods. Retail
establishments are encouraged to make reusable bags available for
sale.
Plastic checkout bags pollute our local streams and rivers,
disintegrate into smaller bits that contaminate soil and waterways
and enter into the food supply of animals, fish and humans. They further
contribute to litter and increase the volume and toxicity of waste
materials in our solid waste stream costing the City considerable
economic resources.
As used in this chapter, the following terms shall have the
meanings indicated:
A bag provided by a store to a customer at the point of sale.
The term "checkout bag" does not include reusable bags, laundry or
dry cleaner bags, newspaper bags, paper gift bags, produce bags, product
bags, or bags sold in packages containing multiple bags intended for
uses such as garbage, food storage, pet waste, or yard waste bags.
The Middletown Recycling Coordinator will enforce the provisions
of this article.
Any bag without handles used exclusively to carry produce,
meats or other food items to the point of sale inside a store or to
prevent such food items from coming in direct contact with other purchased
items.
A recyclable paper bag means a paper bag with the following
characteristics: (1) contains no old-growth fiber; (2) is 100% recyclable
overall and contains a minimum of 40% post-consumer recycled content;
and (3) displays the words "Reusable" or "Recyclable" on the outside
of the bag.
A reusable bag means a bag with handles that is specifically
designed and manufactured for multiple reuse and is made of cloth
or other fabric.
Any for-profit, commercial enterprise including, but not
limited to, retail stores, restaurants, pharmacies, convenience and
grocery stores, liquor stores, seasonal and temporary businesses,
food trucks and household goods stores. The term "retail establishment"
does not include yard sales, tag sales, and/or other sales by residents
at their homes.
A.
If any retail establishment provides a checkout bag to customers,
the bag shall be a recyclable paper bag or a reusable checkout bag.
B.
Retail establishments are strongly encouraged to make available for
sale to customers reusable checkout bags and customers are encouraged
to bring their own reusable checkout bags to retail establishments.
C.
Any retail establishment that elects to provide recyclable paper
checkout bags shall charge the consumer at the point of purchase $0.10
for each bag. The charge imposed by a retail establishment as provided
herein shall be retained by the retail establishment.
D.
The charge reflected in Subsection C above shall not apply to the use of checkout bags to carry items purchased pursuant to the Supplemental Nutritional Assistance Program (SNAP), the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), or a similar governmental food assistance program.
E.
All retail establishments shall indicate on the customer's transaction
receipt the number of checkout bags provided and the total of amount
charged for the checkout bags. It shall be a violation of this article
for a retail establishment to fail to separately itemize the charge
upon a customer's purchase of such bag.
F.
No retail establishment shall rebate or otherwise reimburse a consumer
for any portion of this charge.
G.
All retail establishments shall post signs at or near the point of
purchase to notify consumers of the provisions of this article. Such
signs shall include the following instruction for consumers: "All
paper carryout bags provided by this store to a consumer shall be
subject to a fee of ten cents per bag. Carryout bags brought by consumers
into this store to carry purchased goods from this store shall not
be subject to a fee."
The provisions of this article do not apply to bags used by
nonprofit organizations or other charities to distribute food, grocery
products, clothing, or other household items.
Upon notification that a violation of this article exists, the
enforcement officer will investigate and verify the noncompliance.
If the enforcement officer determines that any violation has occurred,
he/she shall proceed as follows for enforcement purposes:
A.
Upon the first violation, the enforcement officer shall issue a written
warning notice to the person and/or retail establishment in violation
of this article. The written warning shall give the person and/or
retail establishment at least seven business days to remedy the violation.
The written warning shall also state that failure to cure will result
in a fine of $45 for each separate violation. Each day that the person
and/or retail establishment remains out of compliance shall constitute
a separate violation. No penalty shall be imposed for this first violation.
B.
Upon any subsequent violation(s) or failure to cure as stated above,
the enforcement officer shall impose a penalty of $45 for each day
that the violation remains.
C.
Any fines not promptly paid will be referred to the City's collection
firm.
This article shall become effective six months following its
date of adoption to allow retail establishments to dispose of their
existing inventory of plastic carryout bags and convert to alternative
packaging materials compliant with this article.
If any provision of this article shall be held to be invalid
by a court of competent jurisdiction, then such provision shall be
considered separately and apart from the remaining provisions of this
article, which shall remain in full force and effect.
