A.
This
chapter shall be cited as the single-use product ordinance.
B.
The
production and disposal of single-use convenience products, such as
plastic carryout bags, plastic straws and stirrers, styrofoam food
boxes, cups and plates, causes significant environmental impact, including
contamination of the environment, the death of animals through ingestion
and entanglement, and widespread litter affecting the land and oceans.
The purpose of this chapter is to protect, conserve and enhance the
town’s unique natural beauty and irreplaceable natural resources,
to minimize the impact and cost of litter and solid waste disposal
from single-use products to the public, and to preserve the public
health and safety through the prohibition of single-use carryout bags,
encouraging the use of reusable bags, and prohibiting use of single-use
products such as plastic straws and stirrers, styrofoam food boxes,
cups and plates.
(Ordinance 20-05 adopted 2020)
As used in this chapter:
A paper carryout bag made out of materials like paper that
quickly degrade and that has a manufacturer’s stated capacity
of one-eighth barrel (typical grocery store bag - 882 cubic inches)
or larger.
Any single-use disposable straw, swizzle stick, or coffee,
tea or beverage stirrer made of plastic of any size or color manufactured
and provided for the purpose of being used once by the customer and
then being disposed of.
Any retail business including, without limitation, a clothing
store, grocery store, household goods store, or stores that sell personal
items of any kind directly to a customer. Examples include but are
not limited to department stores, clothing stores, jewelry stores,
grocery stores, pharmacies, home improvement stores, liquor stores,
convenience stores, gas stations, and farmers’ markets.
A bag with handles that is specifically designed and manufactured
for multiple reuse and is either:
Any carryout bag made from plastic, or any material except
paper marketed or labeled as “biodegradable” or “compostable,”
that is neither intended nor suitable for continuous reuse as a carryout
bag or that is less than 2.25 mils thick.
Any product made of styrofoam that is manufactured, sold
or provided by a retail business, including a grocery store, restaurant
or fast food operation, to a customer for the sole purpose of being
utilized once and then disposed of by the end user. This includes
food boxes manufactured for single items, such as hamburgers, as well
as larger take-out containers and take-home food cartons.
(Ordinance 20-05 adopted 2020)
A.
A retail
establishment shall not provide or sell to any customer, singularly
or in bulk, any single-use plastic carryout bag, plastic straw or
stirrer, or styrofoam cup, plate or food container.
B.
To further
promote the use of reusable bags and reduce the quantity of single-use
carryout bags entering the town’s waste stream, retail establishments
are encouraged to make reusable bags free or for sale at checkout
counters. Town staff is authorized to provide reusable bags and to
partner with community groups to provide reusable bags for the public
at low cost or free of charge.
(Ordinance 20-05 adopted 2020)
This chapter shall not apply to:
A.
Laundry
dry cleaning bags, door-hanger bags, newspaper bags, or packages of
multiple bags intended for use as garbage, pet waste, yard waste,
or home food storage;
B.
Bags
used by a consumer inside a retail establishment to:
1.
Contain
bulk items, such as produce, nuts, grains, candy;
2.
Required
by health regulations to contain or wrap frozen foods, meat, or fish,
whether or not prepackaged;
3.
Contain
or wrap flowers, potted plants or other items to prevent moisture
damage to other purchases; or
4.
Contain
unwrapped prepared foods.
(Ordinance 20-05 adopted 2020)
A.
Any
person that violates or fails to comply with any of the requirements
of this chapter after receipt of a written warning shall be guilty
of a misdemeanor.
B.
The
town manager, as the town’s code official, shall carry out or
assign primary responsibility for enforcement of this chapter to appropriate
town staff.
C.
Violations
of this chapter shall be punished as set forth in NMSA 1978, section
3-17-1(C).
(Ordinance 20-05 adopted 2020)
Nothing in this chapter is intended to create a requirement,
power or duty that is in conflict with any state or federal law.
(Ordinance 20-05 adopted 2020)
