[HISTORY: Adopted by the Town of Georgetown as indicated
in article histories. Amendments noted where applicable.]
[Adopted 5-7-2018 ATM, Art. 19]
The production and use of single-use plastic bags have significant
impacts on the environment of all communities, including but not limited
to: contributing to the potential death of fish, fowl, animals and
wildlife through ingestion and entanglement; contributing to pollution
of the environment through improper disposal; clogging storm drainage
systems; creating a burden to solid waste collection and recycling
efforts; and requiring the use of millions of barrels of nonrenewable,
polluting, fossil fuel for their manufacture. Therefore, the Town
of Georgetown seeks to phase out the use of single-use plastic bags
by all retail establishments, including restaurants providing take-out,
doing business in Town over a period of 12 months from the effective
date of this bylaw.
Means any business selling goods, articles, food or personal
services to the public, including restaurants.
Means a bag that is specifically designed for multiple use
and is made of cloth, fabric or other durable materials.
Means bags made of plastic, with integral handles, and thickness
less than 2.5 mils, that are intended to be used for the transport
of products purchased at an establishment as defined herein.
A.
Single-use plastic bags shall not be distributed or sold at any establishment
within the Town of Georgetown effective September 1, 2018. Existing
stock of single-use bags shall be phased out within 12 months after
September 1, 2018; any stock remaining at the end of said 12 months
shall be disposed of properly by the establishment. Customers are
encouraged to bring their own reusable shopping bags to stores.
B.
Establishments may provide reusable bags at no charge, or charge
a reasonable fee for each paper or other bag, as they desire. Establishments
are strongly encouraged to make reusable bags available to customers
at a reasonable price.
C.
Thin-film plastic bags used by establishments to contain dry cleaning,
newspapers, produce, meat, bulk foods, wet items, and other similar
merchandise, typically without handles, are exempt from the provisions
of this regulation.
A.
This bylaw may be enforced by any Town police officer, enforcement officers or agents of the Board of Health. This bylaw may be enforced through any lawful means in law or in equity, including, but not limited to, noncriminal disposition pursuant to MGL c. 40, § 21D and Article II of Chapter 1 of the Town's General Bylaws. If noncriminal disposition is elected, then any establishment which violates any provision of this regulation shall be subject to the following penalties:
B.
Subsequent offenses shall be determined as offenses occurring within
two years of the date of the first-noticed offense. Each day or portion
thereof shall constitute a separate offense. If more than one, each
condition violated shall constitute a separate offense.
[Adopted 5-7-2018 ATM, Art. 20]
This bylaw is enacted pursuant to the general police power in
order to protect the health, safety and welfare of the inhabitants
of the Town.
This bylaw shall take effect on September, 2018.
Expanded polystyrene food containers form a significant portion
of the solid waste stream going into landfills. Local landfills are
running out of room; our future solid waste may have to be transported
hundreds of miles to a landfill at considerable cost. Expanded polystyrene
food containers are not recyclable, nor are they biodegradable. Once
buried in our landfills, they will persist for centuries. Polystyrene
contains substances that when heated release toxic chemicals that
may be carcinogenic. Appropriate alternative and sustainable products
are readily available from the vendors used by local food establishments;
cooperative bulk buying arrangements are possible. Thus, elimination
of expanded polystyrene and plastic food containers is in the best
interest of the health and welfare of Town inhabitants.
Means single-use disposable products for serving or transporting
prepared, ready-to-consume food or beverages. This includes but is
not limited to plates, cups, bowls, trays and hinged or lidded containers.
This definition does not include single-use disposable items such
as straws, cup lids, or utensils, nor does it include single-use disposable
packaging for unprepared foods.
Means polystyrene that has been expanded or blown using a
gaseous blowing agent into a solid foam.
Means an operation that stores, prepares, packages, serves,
vends, or otherwise provides food for human consumption, as further
defined in 105 CMR 590.002. Any establishment requiring a permit to
operate in accordance with the State Food Code, 105 CMR 590.000, et
seq., shall be considered a food establishment for purposes of this
bylaw.
Means expanded polystyrene which is a thermoplastic petrochemical
material utilizing a styrene monomer and processed by any number of
techniques, including, but not limited to, fusion of polymer spheres
(expandable bead polystyrene), injection molding, form molding, and
extrusion-blow molding (extruded foam polystyrene). The term "polystyrene"
also includes clear or solid polystyrene which is known as "oriented
polystyrene."
Means any food or beverage prepared for consumption on the
food establishment's premises, using any cooking or food preparation
technique. This does not include any raw uncooked meat, fish or eggs
unless provided for consumption without further food preparation.
Means any building, structure, land or park owned or operated
by the Town of Georgetown, its agents and departments.
Means all persons, societies, associations, organizations
or special event promoters who require a permission to use a Town
facility. Town facility users also includes concession contracts with
the Town, Town-managed concessions, Town-sponsored events and food
services provided at the Town's expense.
A.
Except as provided herein, food establishments are prohibited from
dispensing prepared food to customers in disposable food service containers
made from expanded polystyrene.
B.
Town facility users are prohibited from dispensing prepared food
to customers in disposable food service containers made from expanded
polystyrene.
Upon written application, the Board of Health, which shall have
the authority to enforce this bylaw, after a public hearing, may defer
application of this bylaw for a food establishment for a one-year
period, upon a showing by the food establishment that the conditions
of this bylaw would cause undue hardship. For purposes of this bylaw,
an "undue hardship" is a situation unique to the food establishment
where there are no reasonable alternatives to the use of expanded
polystyrene disposable food service containers and compliance with
this provision would cause significant economic hardship to that food
establishment.
A.
This bylaw may be enforced by any Town police officer, enforcement officers or agents of the Board of Health. This regulation may be enforced through any lawful means in law or in equity, including, but not limited to, noncriminal disposition pursuant to MGL c. 40, § 21D, and Article II of Chapter 1 of the Town's General Bylaws. If noncriminal disposition is elected, then any food establishment or Town facility user which violates any provision of this bylaw shall be subject to the following penalties:
B.
Subsequent offenses shall be determined as offenses occurring within
two years of the date of the first-noticed offense. Each day or portion
thereof shall constitute a separate offense. If more than one, each
condition violated shall constitute a separate offense.
