[Adopted 5-6-2019 ATM by Art. 53]
A. 
It has been found that:
(1) 
Plastic straws are rarely recycled.
(2) 
Harwich's proximity to bodies of salt and fresh water means that plastic straws that go uncollected by DPW have a high chance of ending up on the beaches or in the water.
(3) 
Plastic straws take up to 200 years to degrade.
(4) 
Accidental ingestion of plastics, including straws, kills and injures many animals.
(5) 
The degrading of plastic straws releases chemicals toxic to wildlife and the environment.
(6) 
The United States currently uses approximately 500 million straws per day.
(7) 
There is a national movement to reduce and ban the use of plastic straws and reasonable affordable alternatives are available.
B. 
Because Harwich has a duty to protect the natural environment, and its preservation affects the economy and the health of its citizens, this amendment proposes to ban the sale or dispensing of single-use plastic straws, including those made from polyethylene, polypropylene, and polystyrene, by any food establishment, retail establishment, or public venue in the Town of Harwich.
FOOD ESTABLISHMENT
Shall mean any operation, including without limitation schools, farmers markets and other public venues, that stores, prepares, packages, serves, vends or otherwise provides food for human consumption. 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 the purposes of this bylaw.
PLASTIC STRAW
Shall mean any single-use plastic straw including but not limited to those made from polyethylene, polypropylene, and polystyrene.
PUBLIC VENUES
Shall mean operations including but not limited to meeting halls, churches, schools, Town buildings and offices.
RETAIL ESTABLISHMENT
Shall mean any commercial business facility that sells goods directly to consumers, including but not limited to grocery stores, pharmacies, liquor stores, convenience stores, retail stores and vendors selling clothing, food, and personal items, dry cleaning services, theaters and all other food service establishments.
Plastic straws shall not be used, dispensed, or sold by any food establishments or any retail establishment within the Town of Harwich on or after January 1, 2020. Any stock remaining after that date shall be accepted for disposal free of charge, through January 31, 2020, at the Harwich Transfer Station.
A. 
This bylaw may be enforced by any Town police officer or agent of the Board of Health through any lawful means in law or in equity, including but not limited to noncriminal disposition pursuant to MGL c. 40, § 21D, and Chapter 1, Article I, Violations and Penalties of the Town's General Bylaws. If noncriminal disposition is elected, then any establishment which violates any provision of this bylaw shall be subject to the following penalties:
(1) 
First offense: $100 fine.
(2) 
Second offense: $200 fine.
(3) 
Third and subsequent offenses: $300 fine for each offense.
B. 
Offenses occurring within two years of the date of the first reported offense will be considered as subsequent offenses. Each day or portion thereof shall constitute a separate offense to do or act anything thereon.
C. 
The Board of Health, after a hearing conducted in accordance with the procedures set forth in 105 CMR 590.14 and 590.15, may suspend or revoke the food service permit for any establishment failing to comply with this Bylaw.
If any provision of this bylaw is declared invalid, or unenforceable, the other provisions shall not be affected thereby.