[Adopted 3-12-2019 by
Bill No. 2019-004]
The City of Amesbury hereby restricts the use of thin-film plastic
bags for the bagging of customer purchases at and by retail establishments
throughout the City, except as identified in the list of exemptions
provided in this article.
This article shall also be cited as the "Plastic Bag Reduction
Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
CHECKOUT BAG
A carryout bag provided by a retail establishment to a customer
at the point of sale.
RETAIL ESTABLISHMENT
Any person, corporation, partnership, business venture, or
vendor that sells or provides merchandise, goods or materials directly
to the customer, including but not limited to convenience and grocery
stores, restaurants, pharmacies, stores that sell wine, beer or spirits,
seasonal and temporary businesses, gift and clothing stores and shops,
gas stations, and household goods stores.
The following list contains the allowed exemptions to this article:
A. Newspapers and postal delivery bags.
C. Bags in which loose produce or loose products, such as baked goods,
are placed by a consumer to deliver such items to the point of sale
or checkout area.
D. Bags used to contain or wrap deli counter products, frozen food,
meat or fish, whether prepackaged or not.
E. Take-out/leftover bags at restaurants that include food or beverage
containers that might reasonably be anticipated to seep, drip, or
spill.
F. Checkout bags at grocery stores whose interior finished floor area
is less than 15,000 square feet. This exemption does not apply to
stores that sell groceries but that also operate in conjunction with
a pharmacy or gas station.
The requirements set forth in this article shall become effective
six months after the last day of the month of its passage. However,
in circumstances where a retail establishment requires additional
time in order to draw down its existing inventory of thin-film plastic
checkout bags, the retail establishment can request an extension in
writing. If the City grants the retail establishment an extension,
the retailer will be allowed three additional months to reach compliance
with the article meaning that said retail establishment must be in
compliance no later than nine months after the last day of the month
of its passage.
Each section of this article is an independent section, and
in the event any section or part thereof is determined by a court
of competent jurisdiction to be unconstitutional, void or ineffective
for any reason, such determination shall not invalidate any other
sections or parts thereof.