[STM Art. 2, 4/30/2018]
The reduction in the use of disposable plastic bags by retail
establishments in the town of Winchester (the “town”)
is a public purpose that has positive impacts on the environment,
including, but not limited to: reducing solid waste, minimizing litter,
and protecting local waterways and wildlife.
The purpose of this bylaw is to protect the town’s unique
natural beauty and natural resources by reducing the number of disposable
plastic bags provided by all retail establishments in the town by
prohibiting, after a reasonable phase-in period, the distribution
or sale of disposable, plastic checkout bags and promoting the use
of reusable bags.
[STM Art. 2, 4/30/2018]
Means a carry-out bag provided by a retail establishment
to a customer at the point of sale. “Checkout bags” shall
not include:
Bags without handles, whether plastic or not, used to carry
loose produce, meat or fish, whether prepackaged or not, bulk foods,
or wet items to the point of sale or checkout area of the retail establishment;
Newspaper bags;
Bags without handles that are designed to be placed over articles
of clothing on a hanger, such as a dry cleaning bag; or
Paper bags provided by a pharmacy to a customer purchasing a
prescription medication.
Means designed to be used once, or only a limited number
of times, and then thrown away.
Means a checkout bag made predominately of plastic derived
from either petroleum, natural gas, or a biologically based source,
such as corn or other plant sources, which is less than or equal to
4.0 mils in thickness and is provided to a customer at the point of
sale. This includes biodegradable plastic bags, whether commercially
compostable or not.
Means a town department, official or staff member designated
by the town manager to enforce this bylaw.
Means a paper bag that is one hundred (100) percent recyclable
and contains at least forty (40) percent post-consumer recycled content,
and displays the words “Recyclable” and “made from
[at least] 40% post-consumer recycled content” in a visible
manner on the outside of the bag.
Means any enterprise, whether for- or not-for-profit, including,
but not limited to the following: restaurants, pharmacies, convenience
and grocery stores, liquor stores, seasonal and temporary businesses,
jewelry stores, household goods stores and any other enterprise that
offers the sale and display of merchandise.
Means a sewn bag with stitched handles that is specifically
designed and manufactured for multiple reuse and that is either (a)
made of natural fibers such as cotton or linen; or (b) made of other
durable material excluding polyethylene or polyvinyl chloride; and
which also meets the following requirements:
[STM Art. 2, 4/30/2018]
No retail establishment shall provide a disposable, plastic
checkout bag to any customer at the point of sale. This shall not
preclude any retail establishment from providing or selling reusable
bags or recyclable paper bags at the point of sale.
4.1.
This bylaw
may be enforced through the provisions of M.G.L. Chapter 40, Section
21D, which provides for the noncriminal disposition of bylaw violations,
pursuant to the requirements of this section.
[STM Art. 2, 4/30/2018]
4.2.
If it is
determined that a violation has occurred, the town manager or the
enforcement designee shall issue a warning notice to the retail establishment
for a first violation. The warning notice shall provide at least fifteen
(15) days to correct the violation.
[STM Art. 2, 4/30/2018]
4.3.
If, after
fifteen (15) days from receipt of the warning notice, the retail establishment
is again found to violate this bylaw, the enforcement designee shall
issue a notice of violation and shall impose a penalty against the
retail establishment.
[STM Art. 2, 4/30/2018]
4.4.
The penalty
for each violation that occurs after the issuance of the warning notice
shall be no more than:
[STM Art. 2, 4/30/2018]
4.5.
No more
than one (1) penalty shall be imposed upon a retail establishment
within a seven (7) calendar day period.
[STM Art. 2, 4/30/2018]
4.6.
Retail
establishments shall have fifteen (15) days after the date that a
notice of violation is issued to pay the penalty or request a hearing
in writing to the enforcement designee.
[STM Art. 2, 4/30/2018]
4.7.
The town
manager may promulgate additional guidelines and regulations for the
enforcement of this bylaw.
[STM Art. 2, 4/30/2018]
[STM Art. 2, 4/30/2018]
This bylaw shall take effect on November 1, 2018, for retail
establishments with a floor area equal to or exceeding four thousand
five hundred (4,500) square feet, and on May 1, 2019, for retail establishments
with a floor area of less than four thousand five hundred (4,500)
square feet.
[STM Art. 2, 4/30/2018]
In the event that compliance with this bylaw on the effective
date is not feasible for a retail establishment because of economic
hardship, the town manager or the enforcement designee may, upon application
of an authorized representative of the retail establishment, grant
a waiver permitting the retail establishment to defer compliance with
this bylaw for not more than six (6) months. A deferment application
must include all information necessary for the reviewing entity to
make its decision, including, but not limited to, documentation showing
the factual support for the requested deferment.
[STM Art. 2, 4/30/2018]
If any provision of this bylaw shall be declared invalid, the
remainder shall continue in full force and effect.
