[HISTORY: Adopted by the Town Meeting of the Town of Eastham
as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-26-2020 ATM
by Art. 18]
This bylaw seeks to reduce the reliance on single-use plastics
by residents and visitors within the Town of Eastham. It further seeks
to reduce the hazard to wildlife caused by balloons filled with lighter-than-air
gases. The intent is for the Town of Eastham to:
Shall mean a carryout bag provided by a retail establishment
to a customer at the point of sale.
Shall mean any operations including without limitation, restaurants,
schools, farmers' markets, and other public venues that store,
prepare, package, serve, vend and otherwise provide food for human
consumption. Any establishment requiring a permit to operate in accordance
with the State Food Code, 105 CMR 590.000 et seq., shall be considered
a food establishment for the purposes of this bylaw.
Shall mean a gas that is buoyant in air because it has a
density less than air (including but not limited to helium gas). Herein,
"helium" will be used interchangeably with "lighter-than-air gas."
Shall mean any single-use thin plastic tube that is meant
to allow its user to more conveniently consume a beverage, including
but not limited to those made from polyethylene, polypropylene and
polystyrene.
Shall mean blown polystyrene (polystyrene that has been expanded
or blown using a gaseous blowing agent into a solid foam) and expanded
and extruded forms, which are thermoplastic petrochemical materials
utilizing a styrene monomer and processed by any number of techniques
including but not limited to fusion of polymer spheres (expandable
bead polystyrene), injection molding, form molding, and extrusion
blown molding (extruded foam polystyrene), sometimes called "styrofoam,"
a Dow Chemical Co. trademarked form of polystyrene foam. It bears
the recycling Number 6.
Shall mean single-use disposable products made from polystyrene
for serving or transporting food or beverages, including without limitation
take-out foods and/or leftovers from partially consumed meals prepared
by a restaurant and/or retail food establishment. This includes but
is not limited to plates, cups, bowls, trays, hinged or lidded containers,
straws, stirrers, cup lids, and cutlery. It shall also include single-use
disposable packaging for uncooked foods prepared on the premises,
as well as disposable catering trays.
Shall mean facilities available for public use without charge,
including but not limited to meeting halls, churches, Town offices,
Recreation Department, Library and schools.
Shall mean any person, corporation, partnership, business
venture, or vendor that sells or provides merchandise, goods or materials
directly to a customer, whether for or not for profit, including but
not limited to restaurants, pharmacies, convenience and grocery stores,
liquor stores, seasonal and temporary businesses, jewelry stores,
household goods stores, and bazaars or festivals.
A.
Requirements.
(1)
Retail establishments shall not use, sell or distribute single use
plastic checkout bags. Durable bags made from polypropylene or polyester
intended for long-term reuse are still permitted.
(2)
The Board of Health may promulgate rules and regulations to implement
this section.
(3)
Any old stock not used will be accepted by the Eastham Transfer Station
free of charge for proper disposal until November 30, 2021.
B.
Enforcement. This bylaw may be enforced by any Town of Eastham police
officer, Health Agent or her designee, and any agents designated by
the Select Board.
The Town of Eastham will phase out the use of polystyrene, plastic
straws, and polystyrene disposable food services containers and cutlery.
A.
Requirements.
(1)
Food establishments and retail establishments shall not use, sell
or distribute polystyrene, plastic straws, and polystyrene disposable
food services containers and cutlery, including foam packing peanuts
and polystyrene foam coolers (including styrofoam coolers). Any stock
remaining after that date shall be accepted for disposal free of charge
at the Eastham Transfer Station for proper disposal, through November
30, 2021.
(2)
This bylaw shall not apply to polystyrene packing peanuts and foam
packaging reused from shipments coming into Eastham; prepackaged meat
and produce trays, egg cartons and other foods or beverages bought
from a wholesaler or out-of-town supplier, or polystyrene foam freezer
chests enclosed in durable rigid plastic.
(3)
Accommodation for disabled residents and visitors: In recognition
of the needs of disabled citizens and visitors, businesses shall make
available on demand bendable plastic straws. They may not question
patrons about their disabilities nor demand proof of disability. The
Eastham Senior Center is exempt from the provisions of this bylaw
concerning plastic drinking straws.
(4)
Single-use service containers and cutlery, including but not limited
to bowls, cups, trays, and plates, must be 100% recyclable or compostable
in a natural setting at a rate comparable to other biodegradable materials
such as paper, leaves, and food waste. Compostable products requiring
a commercial composting facility or a composting facility where temperatures
reach 140° F. may not be used until such time as the residents
and businesses in Eastham have reliable access to such facilities
as determined by the Select Board or its designees.
B.
Enforcement. This bylaw may be enforced by any Town of Eastham police
officer or designee, or any agent designated by the Select Board.
C.
Violations.
(2)
Each day or portion thereof that a violation continues shall constitute
a separate offense.
(3)
Each offense occurring within two years of the date of a prior reported
offense will be considered a subsequent offense.
(4)
The Board of Health, after a hearing conducted in accordance with
the procedures set forth in 105 CMR 590.14 and 590.15, may suspend
or revoke the food service permit for any establishment failing to
comply with this bylaw.
A.
Balloons filled with lighter-than-air gas (including but not limited
to helium) and their strings constitute a public nuisance creating
litter along our beaches and in our salt marshes and pose a danger
to sea turtles, marine mammals, marine and terrestrial birds, and
to small wildlife. Mylar balloons, when tangled with power lines,
can cause power outages. Therefore, the Town of Eastham will ban the
sale, distribution, and intentional release of helium balloons.
B.
No person shall sell or distribute to the public, any type of balloon
(including but not limited to plastic, latex, rubber or Mylar balloons)
inflated with any type of lighter-than-air gas. This includes so-called
Chinese floating lanterns. No businesses or events shall use balloons
with lighter-than-air gas as advertising props.
C.
No person shall intentionally release, or cause to be released, any
balloon into the air in the Town of Eastham. No person shall throw,
deposit, discard or otherwise discharge inflated or uninflated balloons
into any street, alley, waterway, park, beach or other public place
in the Town of Eastham.
(1)
Exemptions. The launching of balloons inflated with lighter-than-air
gas by government agencies or scientific research organizations is
allowed. This law does not apply to dirigibles or lighter-than-air
aircraft which are intended to be recovered after use.
(2)
Enforcement. This bylaw may be enforced by any Town of Eastham police
officer, Natural Resources Officer, or any agent authorized by the
Select Board.
(4)
Each day or portion thereof that a violation continues shall constitute
a separate offense.
(5)
Each offense occurring within two years of the date of a prior reported
offense will be considered a subsequent offense. Each balloon may
constitute a separate offense.
If any provision of this bylaw is declared invalid, or unenforceable,
the other provisions shall not be affected thereby.
[Adopted 9-26-2020 by
ATM by Art. 19]
Effective on September 21, 2021, it shall be unlawful to sell
noncarbonated, unflavored drinking water in single-use plastic bottles
of less than one gallon in the Town of Eastham. Enforcement of this
regulation will begin September 1, 2021.
A beverage container made from any type of plastic resin.
Sales or distribution of noncarbonated, unflavored drinking
water in single-use plastic bottles occurring subsequent to a declaration
of emergency by the Emergency Management Director or other duly authorized
Town, county, state or federal official affecting the availability
and/or quality of drinking water to the Town shall be exempt from
this bylaw until seven days after the declaration has ended.
A.
Enforcement of this article shall be the responsibility of the Town
Manager or his/her designee. The Town Manager shall determine the
inspection process to be followed, incorporating the process into
other Town duties as appropriate. Any establishment conducting sales
in violation of this article shall be subject to a noncriminal disposition
fine as specified in Massachusetts General Laws, Chapter 40, Section
21D. The following penalties apply:
B.
Each day a violation continues constitutes a separate violation,
incurring additional fines. Any such fine collected shall be payable
to the Town of Eastham. All businesses will be routinely inspected
until the Town Manager deems the inspection to be no longer required.
