[Adopted 11-8-2018 by L.L. No. 10-2018[1]]
[1]
Editor's Note: This article was adopted as Ch. 109, but was placed in this article by the codifier for organizational purposes.
A. 
The Rye Brook Board of Trustees hereby finds that plastic straws, when irresponsibly discarded, negatively impact water quality and marine life and pose an environmental hazard to the health, safety and welfare of the citizens and visitors of the Village of Rye Brook.
B. 
Straws made out of paper, plant, vegetable and other natural products are available in the market and are a more environmentally-friendly alternative to plastic straws.
C. 
The Board of Trustees recognizes that making straws available upon request will reduce the plastic put into the environment, helping to preserve our community. Allowing customers to make a choice regarding whether or not they want a straw for their beverage empowers each patron to make a choice to help eliminate plastic pollution, and is a step towards the elimination of single use plastic.
For the purposes of this article, the following definitions shall apply:
BEVERAGE STRAW
A tube for transferring a beverage from its container to the mouth of the drinker by suction.
BIODEGRADABLE
The ability of a material to break down, within one year, into natural materials in the natural environment without causing harm.
DISTRIBUTION
The vending, selling or delivering of a straw for any purpose, other than as defined herein. Distribution does not include provision of a straw on private property used as a residence, or on property used for school purposes, or by beverages prepared and packaged outside the Village, provided such beverage is not altered, packaged or repacked within the Village.
FOOD ESTABLISHMENT
Any establishment which serves made-to-order food or beverages for dine-in, takeout, or delivery. Food establishments shall include, but are not limited to, restaurants, cafes, fast-food establishments and food establishments within grocery stores.
SINGLE-USE
A product that is designed and intended to be used only once in its same form by the customer, food vendor or other entity.
A. 
No food establishment in the Village of Rye Brook shall offer or distribute to consumers any single-use beverage straw made of plastic or any other nonbiodegradable material. Food service establishments may provide beverage straws, including those prohibited by this article, to any person solely upon request of the consumer.
B. 
Food establishments may post a sign in a location easily visible to each customer which may state: "Single-use beverage straw available upon request."
This article shall be enforced by the Village of Rye Brook Police Department, the Village Building Inspector and the Village Code Enforcement Officer.
Any food establishment violating this article shall be guilty of a violation and shall receive a warning for the first violation, may be subject to a fine in the amount of $150 for the second violation, $200 for the third violation, and $250 for the fourth and subsequent violations occurring within a one-year period.