[HISTORY: Adopted by the City Council of the City of Garfield 8-13-2019 by Ord. No. 2820. Amendments noted where applicable.]
The following words, phrases and terms as used in this chapter
are hereby defined for the purpose thereof as follows.
For the purposes of this chapter, any retail establishment
that engages in the retail sale of goods and products. The definition
includes, but is not limited to, pharmacies, supermarkets, grocery
stores, convenience stores, clothing stores, food marts, and food
service establishments.
Any establishment which serves made-to-order food for dine-in,
takeout, or delivery.
Things and items that are prepared and made to be sold, including,
but not limited to, clothing, groceries, prepared food, foodstuffs,
meat, diary, merchandise, books, jewelry, alcohol, tobacco products,
toys, and any and all other things and items sold at retail by businesses
and stores.
Any bag without handles that is used exclusively to segregate
produce, meats, other food items, and merchandise to the point of
sale inside a store or to prevent such items from coming into direct
contact with other purchased items, where such contact could damage
or contaminate other food or merchandise when placed together in a
reusable or recycled bag.
The sale of goods and products for use and/or consumption.
A bag that is designed and manufactured to withstand repeated
uses over a period of time, is machine washable or made from a material
that can be cleaned and disinfected regularly, is at least 2.25 mil
thick if made from plastic, has a minimum lifetime of 75 uses, and
is capable of carrying a minimum of 18 pounds.
A bag, sheet, or receptacle produced or manufactured from
material commonly known as "plastic" or "polyethylene" provided at
the check-out stand, cash register, point of sale, or other point
of departure for the purpose of transporting goods or products out
of the establishment. The term single-use plastic carry-out bag does
not include reusable bags, produce bags, product bags, or garment
bags.
A disposable tube used to transfer a beverage from a container
to the mouth of the person drinking the beverage, including drinking
straws and cocktail straws. "Straw" does not include a straw made
from nonplastic materials, including paper, pasta, sugar cane, wood,
hay/bamboo, plant-based material, compostable and/or reusable, PLA
(ASTM and/or BPI certified) or a straw that is attached to prepackaged
goods, including juice boxes.
A.
No business or store shall provide any single-use plastic carry-out
bags to a customer at the check stand, cash register, point of sale,
or other point of departure for the purpose of transporting products
or goods out of the business or store.
B.
No business or store shall provide plastic straws to customers with
the service or delivery of any beverage.
Violations of this section shall be punishable by one or more
of the following: a fine not exceeding $2,000; imprisonment for a
term not exceeding 90 days; and/or a period of community service not
exceeding 90 days, for each violation thereof.
