[Adopted 11-15-2017 by Ord. No. 2017-02]
(a)
The production, use and disposal of single use plastic carryout bags,
which are commonly not recycled, has been shown to have significant
detrimental impacts on the environment, including but not limited
to contributing to the pollution of the terrestrial, near shore marine,
and coastal environment, clogging of storm water drainage systems
and injury and death of terrestrial and marine life through ingestion
and entanglement.
(b)
The manufacture, transport and recycling of single use plastic carryout
bags requires substantial energy consumption and contributes to greenhouse
gases, one of the major causes of climate change.
(c)
Single use plastic carryout bags create a burden to solid waste recycling
facilities.
(d)
Prohibiting the use of single use plastic carryout bags is necessary
to protect the environment of Block Island and the public health,
safety and welfare of all residents and visitors.
(e)
Plastic was the number one trash found on Block Island beaches as
determined by The Ocean Conservancy's Marine Debris Monitoring
Study (1992-2007).
(f)
Plastics pollution puts at risk the health of the local economy of
Block Island, as it is fundamentally dependent upon the health and
beauty of the island's natural resources.
(g)
Similar ordinances have been passed in the City of Newport, Town
of Middletown, Town of Barrington and throughout the United States.
The purpose of this ordinance is to protect the wildlife and
coastal ecosystems of Block Island, the enjoyment of nature, and the
health, safety, and welfare of Block Island's residents and visitors
by: encouraging the use of reusable carryout bags, banning the use
of single use plastic carryout bags for retail checkout of goods,
and reducing the number of single use carryout bags that enter our
environment.
As used in this article, the following terms shall have the
meanings indicated:
Any commercial enterprise, including sole proprietorship,
joint ventures, partnerships, corporations, or any other legal entity,
and includes all employees of the business and any independent contractors
associated with the business. For the purposes of this article, business
establishment shall also include farmers markets. Business establishment
does not include sales of goods at yard sales, tag sales, or other
sales by residents at their homes.
A bag used by the customer at the point of sale for the purpose
of removing products purchased from retail establishment. "Carryout
bag" does not include plastic barrier bags, double-opening plastic
bags, or plastic bags measuring larger than 28 inches by 36 inches.
Any thin plastic bag with a double opening (top and bottom)
to protect clothing or other items for transport.
A paper bag that is fully recyclable overall and contains
a minimum of 40% post-consumer recycled content and contains no old
growth fiber.
A bag where any portion of the bag is made of plastic, including
but not limited to those called "biodegradable, "compostable" or "oxo-biodegradable."
Any thin plastic bag with a single opening used to: (1) Transport
fruit, vegetables, nuts, grains, small hardware items, or other items
selected by customers to the point of sale; (2) Contain or wrap fresh
or frozen foods, meat, or fish, whether prepackaged or not; (3) Contain
or wrap flowers, potted plants, or other items where damage to a good
or contamination of other goods placed together in the same bag may
be a problem; or (4) Contain unwrapped prepared foods or bakery goods.
Plastic that meets the current Rhode Island Resource Recovery
Corporation's standards.
A bag that is specifically designed and manufactured for
multiple reuse. The bag must be made of washable cloth, other durable
woven or nonwoven fabric, or durable plastic film that is recyclable
plastic with a minimum thickness of four mils.
(a)
No business establishment shall make available any plastic carryout
bags, either complimentary or for a fee, for any sales transaction
or other use to members of the public.
(b)
Nothing in this section shall preclude business establishments from
making reusable bags or paper bags available to customers, by sale
or otherwise.
[Amended 7-1-2019 by Ord.
No. 2019-05]
Any person who violates this article will be subject to a fine
of up to $50 for each violation payable to the Town of New Shoreham.
This article shall take effect on January 1, 2018.
