[Adopted 12-6-2018 by L.L. No. 6-2018]
Dutchess County has taken and will continue to take significant
strides in ensuring proper environmental stewardship. Having taken
the bold step of banning Styrofoam containers, Dutchess is continuing
on in the forefront of environmental policy. The Dutchess County Legislature
finds that plastics, specifically plastic bags, are a significant
burden on the global and local environment. By banning plastic bags,
in most instances, this will encourage consumers to use more environmentally
friendly and recyclable bags.
As used in this article, the following terms shall have the
meanings indicated:
A bag intended to directly contain goods, including, but
not limited to, bags used to carry produce, meats, dry goods, or other
non-prepackaged food items, garment bags used by but not limited to
dry cleaners, plastic bags used to transport clothing from the point
of sale, and bags provided by a pharmacy to carry prescription drugs.
A place where prepared food is provided for individual portion
service directly to a consumer, whether consumption occurs on or off
the premises.
A bag made of paper that is 100% recyclable overall and contains
a minimum of 40% post-consumer recycled content and displays the word
"Recyclable" on the outside of the bag.
A bag made of plastic, less than four mils thick, that is
intended for the purpose of carrying purchased items and is provided
to a customer at the point of sale.
A bag with handles that is specifically designed and manufactured
for multiple reuses that is provided by a store to a customer at the
point of sale and capable of carrying 22 pounds over a distance of
175 feet for a minimum of 125 uses and is either made of cloth or
other machine-washable fabric, or made of durable plastic that is
at least four mils thick.
A general vendor, or a retail or wholesale establishment
engaged in the sale of personal, consumer or household items, including
but not limited to drug stores, pharmacies, grocery stores, supermarkets,
convenience food stores, or food marts that provide carryout bags
to consumers in which to place items purchased or obtained at such
establishments. Such term shall not include food service establishments,
mobile food service establishments, emergency goods providers, 501(c)(3)
organizations, garage sales, yard sales, estate sales or moving sales.
No store shall provide a plastic carryout bag to any customer
at the point of sale or other point of departure. This section shall
not apply to an exempt bag.
Nothing in this article shall require stores to provide paper
bags or reusable bags nor restrict their ability to charge for the
purchase of said items. A store shall not charge a fee for bags of
any kind provided by the customer.
The Commissioner of the Department of Community and Behavioral
Health is responsible for the enforcement of this article. The Commissioner
is authorized to promulgate rules and regulations and to take any
and all other actions reasonable and necessary to enforce this article,
including, but not limited to, investigating violations, issuing fines
and entering the premises of any store during business hours.
A.
If it is determined that a violation of this article has occurred,
a written warning notice will be issued to the operator of a store
that a violation has occurred and the potential penalties that will
apply for future violations.
B.
If a covered store has subsequent violations of this article that
are similar in kind to the violation addressed in a written warning
notice, the following penalties will be imposed and shall be payable
by the operator of the store:
(1)
A fine not exceeding $100 for the first violation after the written
warning notice is given;
(2)
A fine not exceeding $250 for the second violation after the written
warning notice is given; or
(3)
A fine not exceeding $500 for the third and any subsequent violations
after the written warning notice is given.
C.
A fine shall be imposed for each day a violation occurs or is allowed
to continue.
It is hereby determined, pursuant to the provisions of the State
Environmental Quality Review Act § 8-0101 et seq., and its
implementing regulations, Part 617 of 6 NYCRR, that the adoption of
this article is a "Type II" action within the meaning of § 617.5(c)(26)
and (33) of 6 NYCRR, and, accordingly, is of a class of actions which
do not have a significant impact on the environment and no further
review is required. [6 NYCRR § 617.5(c)(26) and (33) apply
to: "County-owned or -leased routine or continuing agency administration
and management, not including new programs or major reordering of
priorities that may affect the environment" and "§ 301,
Subdivision 2, adoption of regulations, policies, procedures, and
local legislative decisions in connection with any action on this
list."]
This article shall apply to all actions occurring on or after
the effective date of this article.
If any clause, sentence, paragraph, subdivision, section, or
part of this article or the application thereof to any person, individual,
corporation, firm, partnership, entity, or circumstance shall be adjudged
by any court of competent jurisdiction to be invalid or unconstitutional,
such order or judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, subdivision, section, or part of this article,
or in its application to the person, individual, corporation, firm,
partnership, entity, or circumstance directly involved in the controversy
in which such order or judgment shall be rendered.
This article shall be null and void on the day that statewide
legislation goes into effect incorporating either the same or substantially
similar provisions as are contained in this article or in the event
that a pertinent state or federal administrative agency issues and
promulgates regulations preempting such action by the County of Dutchess.
The Dutchess County Legislature may determine by resolution whether
or not identical or substantially similar statewide legislation or
pertinent preempting state or federal regulations have been enacted
for the purposes of triggering the provisions of this section.
This article shall become effective on January 1, 2020, subsequent
to filing in the office of the Secretary of State pursuant to the
applicable provisions of the Municipal Home Rule Law and shall apply
to all transactions occurring on or after January 1, 2020.
