[HISTORY: Adopted by the Town of Camden as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-23-1984]
Pursuant to Title 30 M.R.S.A. § 2151(3),[1] an ordinance for the regulation of parking and travel by commercial haulers of trash, garbage and refuse on public ways in the Town of Camden is hereby enacted. The purpose of this article is to prevent litter on public ways of garbage, trash and refuse by commercial haulers and to curtail parking in downtown areas of vehicles loaded with unsightly and odorous trash, garbage or refuse.
[1]
Editor's Note: 30 M.R.S.A. § 2151 was repealed 2-26-1988 by Laws 1987, c. 583. See now 30-A M.R.S.A. § 3001 et seq.
A. 
No commercial hauler of trash, garbage or refuse shall park a vehicle used for the transportation of trash, garbage or refuse unattended for more than 15 minutes in the downtown area of the Town of Camden on a public way.
B. 
For purposes of this article, the downtown area shall be considered to be the following portions of the named streets: the portion of downtown from the intersection of Elm Street and John Street to the intersection of High Street and Sea Street; the portion of Chestnut Street from the intersection of Elm Street and Chestnut Street to the intersection of Chestnut Street and Limerock Street; the portion of Bay View Street from the intersection of Main Street and Bay View Street to the intersection of Bay View Street and Limerock Street; all of Commercial Street; the Public Landing; the portion of Washington Street from the intersection of Elm Street and Washington Street to the intersection of Washington Street and Mechanic Street; the portion of Mechanic Street from the intersection of Elm Street and Mechanic Street to the intersection of Mechanic Street and Washington Street.
At all times when a vehicle carrying trash, garbage or refuse is moving on a public way within the Town of Camden, a commercial hauler shall cause that trash, garbage or refuse to be secured and to be completely covered so that such trash, garbage or refuse does not litter the roadway. The commercial hauler or any employee or agent thereof shall assure that at all times no trash, garbage or refuse is permitted to fall to the roadway during the operation of the vehicle transporting that trash, garbage or refuse.
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL HAULER
Any corporation, partnership, firm, individual, or any other business entity operating a business for the hauling and transporting of trash, garbage and refuse for profit. A commercial hauler shall be responsible for any actions of an employee or agent thereof in connection with the commercial hauling of trash, garbage or refuse.
Any person, firm or corporation violating any provision of this article shall be fined not less than $100 or more than $250 for each offense. All fines and penalties shall be recovered on complaint by the Town before a court of competent jurisdiction to the use of the municipality.
State Law Reference: 17 M.R.S.A. § 2266;[1] 29 M.R.S.A. § 1752.[2]
[1]
Editor's Note: 17 M.R.S.A. § 2266 was repealed 4-1-1990 by Laws 1989, c. 820.
[2]
Editor's Note: See now 29-A M.R.S.A. § 101 et seq.
[Adopted 11-6-2018]
It is in the best interest of the citizens and visitors of Camden to protect the environment and natural resources of Maine and our Penobscot Bay region by encouraging the use of reusable bags and discouraging the use of disposable, single-use, carryout bags. The Town through its policies, programs and laws supports efforts to reduce the amount of litter and waste that must be disposed of by supporting the state waste management hierarchy to reduce, reuse, and recycle. The intent is also to reduce the environmental impact of the manufacture and transportation of single-use bags.
As used in this article, the following terms have the following meanings:
PRODUCT BAG or PRODUCE BAG
Any bag without handles used exclusively to carry produce, meats or other food items or merchandise to the point of sale inside a store or to prevent such items from coming in direct contact with other purchased items.
RETAIL ESTABLISHMENT
Any business of any size which sells goods directly to the public.
REUSABLE BAG
A bag that meets the following criteria:
A. 
Is designed and manufactured to withstand repeated uses over a period of time;
B. 
Is machine washable or made from a material that can be cleaned and disinfected regularly;
C. 
Has a minimum lifetime of 75 uses;
D. 
Is at least four mils thick, if made from plastic; and
E. 
Has the capability of carrying a minimum of 18 pounds.
SINGLE-USE CARRYOUT BAG
A bag other than a reusable bag, as defined above, provided at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the retail establishment. The term "single-use carryout bag" includes plastic, compostable and biodegradable bags, paper bags, but does not include reusable bags, dry-cleaning bags, produce bags, or product bags provided by pharmacists to contain prescription drugs.
STORE
Any of the following retail establishments, excluding restaurants, located within the Town of Camden, selling a variety of staple foodstuffs (e.g., dairy, meat, produce, and other perishable or nonperishable food items) located in a permanent building, operating year-round, including but not limited to supermarkets, convenience stores, food marts, drugstores, and grocery stores.
A. 
Prohibition. Except as provided in this section, no retail establishment as defined above shall provide a single-use carryout plastic bag to a customer at the check stand, cash register or point of sale or other point of departure for the purposes of transporting food or merchandise out of the establishment.
B. 
A store may make available for sale to a customer a single-use carryout paper, compostable or biodegradable bag for a mandatory, uniform charge of $0.10 per bag.
(1) 
All monies collected by a store for the sale of single-use carryout bags under this section may be used by the store for any lawful purpose.
(2) 
All stores must post signage clearly indicating the per-bag charge for paper, compostable or biodegradable single-use carryout bags.
(3) 
Notwithstanding this section, no store may make available for sale a paper, compostable or biodegradable single-use carryout bag unless the amount of the sale of the single-use carryout bag is separately itemized on the sale receipt.
(4) 
No store shall rebate or otherwise reimburse a customer any portion of the charge required in Subsection B.
Nothing in this article shall be construed to prohibit customers from using bags of any type that customers bring to the store for their own use or from carrying away from the store goods that are not placed in a bag provided by the store.
A. 
The Town Police Department or its designee shall have the primary responsibility for enforcement of this article. If the Town Police Department or its designee(s) determines that a violation of this article has occurred, a written warning notice will be issued to the store that the violation has occurred. Subsequent violations of this article shall be subject to the penalties as set forth below.
B. 
Violations of this article shall be punishable as follows:
(1) 
A fine not exceeding $100 for the first violation after a warning in a one-year period.
(2) 
A fine not exceeding $250 for the second and each subsequent violation in a one-year period.
(3) 
Reimbursement of the Town's legal fees and costs for prosecution of each violation.