WHEREAS, the Town of Dalton has a duty to protect the natural
environment, the economy, and the health of its citizens; and
WHEREAS, thin film plastic bags are made from fossil fuels;
and
WHEREAS, when littered in our streets and roadways, parks, public
spaces, forests, and local waterways, thin film plastic bags are an
aesthetic nuisance and can end up clogging storm drainage systems
and accumulating in wastewater systems and incurring a cleanup expense;
and
WHEREAS, littered thin film plastic bags can contribute to the
injury and death of terrestrial and marine wildlife; and
WHEREAS, littered thin film plastic bags degrade into micro-particles
and can enter the food chain, with potentially negative ecological
and health impacts; and
WHEREAS, studies have shown that even "compostable" or "biodegradable"
thin film plastic bags require very specific and controlled conditions
in order to biodegrade, and have potentially negative environmental
effects similar to conventional thin film plastic bags; and
WHEREAS, reusable shopping bags are readily available from a
wide variety of sources and vendors; and
WHEREAS, six Berkshire communities, and hundreds of others across
the country, have acted, or are in the process of acting, to reduce
the use of thin film plastic bags; and
WHEREAS, the Town wishes to promote its reputation as an environmentally
friendly community;
NOW THEREFORE, the Town of Dalton hereby enacts the following
bylaw to protect the Town's unique natural beauty and irreplaceable
natural resources by reducing the number of single-use, thin film
plastic check-out bags that are distributed in the Town of Dalton
and to promote the use of reusable bags.
CHECK-OUT BAGS
Bags provided by a store to a customer at the point of sale
or other point of departure for the purpose of transporting food or
merchandise from the establishment. Check-out 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 check-out area of the store.
ESTABLISHMENT
Any operation that provides goods, including food and/or
beverages, and/or services directly to consumers, with or without
charge; sporadic, temporary, part- or full-time; commercial, non-profit,
religious, educational, foundation-related, or governmental; whether
on private, public, religious, or school property. Examples include,
without limitation, grocery stores, pharmacies, liquor stores, convenience
stores, restaurants, retail stores, farmers' markets, school
or church fund-raising activities, or other events.
RECYCLABLE PAPER BAGS
Paper bags, with or without handles, that have printing on
the bag stating that they are 100% recyclable.
REUSABLE BAGS
Bags that (1) are specifically designed and manufactured
for multiple reuse; (2) can comfortably carry 25 pounds over a distance
of 300 feet; (3) can be readily washed; and (4) if plastic, are more
than 4.0 mils thick.
THIN FILM PLASTIC BAGS
Bags typically with handles, constructed of high-density
polyethylene (HDPE), low-density polyethylene (LDPE), linear low-density
polyethylene (LLDPE), polyvinyl chloride (PVC), polyethylene terephthalate
(PET), or polypropylene (other than woven and non-woven polypropylene
fabric), or any other plastic resin used to make bags, if said film
is less than 4.0 mils in thickness.
Each section of this bylaw shall be construed as separate to
the end that if any section, sentence, clause, or phrase thereof shall
be held invalid for any reason, the remainder of this bylaw and all
other bylaws shall continue in full force.