[HISTORY: Adopted by the Annual Town Meeting
of the Town of Townsend 5-7-2019 by Art. 37.[1] Amendments noted where applicable.]
[1]
Editor's Note: The original section and subsection designations
within this chapter were removed with the permission of the Town Clerk
in order to maintain the organizational style of the Code
The production and use of thin-film single-use plastic checkout
bags have significant impacts on the environment, including, but not
limited to: contributing to the potential death of marine animals
through ingestion and entanglement; contributing to pollution of the
land environment; creating a burden to solid waste collection and
recycling facilities; clogging storm drainage systems; and requiring
the use of millions of barrels of crude oil nationally for their manufacture.
The purpose of this bylaw is to eliminate the usage of thin-film single-use
plastic bags by all retail and grocery stores in the Town of Townsend,
by August 1, 2019.
A carryout bag provided by a store to a consumer at the point
of sale. Checkout 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 checkout area of the
store.
A retail establishment where more than 50% of the gross floor
area is devoted to the sale of food products for home preparation
and consumption, which typically also offers home care and personal
care products.
An establishment that offers the sale and display of merchandise
within a building.
A bag, with handles, that is specifically designed for multiple
use and is made of thick plastic, cloth, fabric or other durable materials.
Typically with plastic handles, these are bags with a thickness
of 2.5 mils or less and are intended for single-use transport of purchased
products.
A.
Thin-film single-use plastic bags shall not be distributed, used,
or sold for checkout or other purposes at any retail or grocery store
within the Town of Townsend.
B.
Customers are encouraged to bring their own reusable or biodegradable
shopping bags to stores. Retail or grocery stores are strongly encouraged
to make reusable checkout bags available for sale to customers at
a reasonable price.
C.
Thin-filmed plastic bags used to contain dry cleaning, newspapers,
produce, meat, bulk foods, wet items and other similar merchandise,
typically without handles, are still permissible.
Enforcement of this bylaw shall be the responsibility of the
Town Administrator or his/her designee. The Town Administrator shall
determine the inspection process to be followed, incorporating the
process into other Town duties as appropriate. Any retail or grocery
store distributing plastic grocery bags in violation of this bylaw
shall be subject to a noncriminal disposition fine as specified in
Appendix A of the Regulations for Enforcement of Town Bylaws under
MGL Chapter 40, § 21D, and the Bylaw for Noncriminal Disposition
of Violations.[1] Any such fines shall be paid to the Town of Townsend.
