[Ord. 31, passed 6-7-2016]
(A)
The purpose of this chapter is to reduce the commercial use of single-use
plastic bags in Watertown.
(B)
The City Council hereby finds that the reduction in the use of single-use
plastic bags by commercial entities is a public purpose that protects
the land and marine environment, advances solid waste reduction, and
protects waterways. Further, single-use plastic bags clog storm drainage
systems, create a burden to solid waste collection and recycling,
and require the use of millions of barrels of crude oil nationally
for their manufacture. This chapter seeks to reduce the number of
single-use plastic bags that are being used, discarded and littered,
and to promote the use of reusable checkout bags by retail stores
located in Watertown.
(C)
The City Council notes that several neigh-boring communities and
the State of Massachusetts have enacted or are considering enacting
similar measures. Furthermore, at the time of enactment of this chapter,
the Council is aware that 20 million Americans live in communities
where bag bans are in place, including the entire states of Hawaii
and California, along with several major countries, including India,
China and Italy.
[Ord. 31, passed 6-7-2016; amended Ord. O-2018-78, passed 9-25-2018]
(A)
DEGRADABLE PLASTIC BAGS
DEPARTMENT
DIRECTOR
RECYCLABLE PAPER BAG
RETAIL ESTABLISHMENT
REUSABLE BAG
SINGLE-USE PLASTIC BAG
(1)
(2)
(3)
(4)
(5)
The following words shall, unless the context clearly requires otherwise,
have the following meanings:
Plastic bags that are comprised of a material that is capable
of being rapidly decomposed by bacteria or other living organisms
(biodegradable), light (photodegradable) under marine conditions (marine-degradable)
as defined by ASTM or ISO standards.
The enforcing City department from time to time as designated
by the City Manager.
The head of that department.
A paper bag that is 100% recyclable and contains at least
40% post-consumer recycled content, and displays the words "recyclable"
and "made from 40% most-consumer recycled content" in a visible manner
on the outside of the bag.
Any commercial enterprise selling goods, articles, food or
personal services to the public, including, but not limited to, markets,
restaurants, bars, take-out food purveyors, merchandise retailers,
florists and galleries.
A sewn bag with stitched handles that is specifically designed
for multiple reuse, and that:
A plastic bag made of plastic, including, but not limited
to, bags made of high-density polyethylene, low-density polyethylene,
"biodegradable," "compostable" or "oxo-biodegradable" materials, that
are intended for the purpose of transporting food or merchandise out
of a retail establishment. For the purposes of this chapter, "single-use
plastic bags" shall not include:
Bags, whether plastic or not, in which loose or bulk candy,
produce or products are placed by a consumer to deliver such items
to the point of sale or check-out area of a retail establishment;
Bags used to segregate food or merchandise that could damage
or contaminate other food or merchandise when placed together in a
point-of-sale bag;
Laundry or dry-cleaner bags;
Bags holding prescription medication dispensed from a pharmacy;
or
Newspaper bags.
[Ord. 31, passed 6-7-2016; amended Ord. O-2018-78, passed 9-25-2018]
(A)
No single-use plastic bag shall be distributed, either with or without
charge, to a customer at any retail establishment located in the City,
except for degradable plastic bags as noted in division (B) below.
(B)
Retail establishments may provide or sell to customers recyclable
paper bags, degradable plastic bags, or reusable bags. Information
publicizing this chapter, and advising customers to wash reusable
bags to prevent food-borne illness must be prominently displayed or
communicated at the point of provision or sale.
(C)
Public information advising customers on the proper care and maintenance
of reusable bags shall be available through the Public Health Department.
(D)
The Department shall have the authority to promulgate regulations
to accomplish any of the provisions of this chapter.
[Ord. 31, passed 6-7-2016; amended Ord. O-2018-78, passed 9-25-2018]
(A)
The Director may exempt a retail establishment from the requirements
of this chapter for a period of up to six months, upon a finding by
the Director that the requirements of this chapter would cause undue
hardship to the retail establishment. An "undue hardship" shall only
be found in circumstances where the retail establishment requires
additional time in order to draw down an existing inventory of single-use
plastic bags or paper bags which do not meet the definition of recyclable
paper bags. Any retail establishment receiving an exemption shall
file with the Director monthly reports on inventory reduction and
remaining stocks.
(B)
Any retail establishment may apply for an exemption to the Director,
using forms provided by the Department, and shall allow the Director,
or his or her designee, access to all information supporting its application.
(C)
The Director may approve the exemption request, in whole or in part,
with or without conditions.
[Ord. 31, passed 6-7-2016]
(A)
City employees, from time to time, as designated by the City Manager,
are empowered and authorized to enforce this chapter.
(B)
This chapter may be enforced through any lawful means in law or in
equity, including, but not limited to, non-criminal disposition pursuant
to Mass. Gen. Law Ch. 40, § 21D, and the City's ordinances.
If non-criminal disposition is elected, then any retail establishment
which violates any provision of this chapter shall be subject to the
following penalties:
(C)
Each day or portion thereof shall constitute a separate offense.
If more than one, each condition violated shall constitute a separate
offense.
