[Added 6-21-2023 by Ord. No. 4270]
[1]
Editor's Note: Former Art. IX, Control of Animals to Prevent Rabies, as amended, was repealed 1-18-2006 by Ord. No. 3768.
A. 
The purpose of this article is to reduce the use of single-use plastic carry-out bags by retail establishments within the Township, curb litter on the streets, in the parks and in the trees, protect the local streams, rivers, waterways and other aquatic environments, reduce greenhouse gas emissions, reduce solid waste generation, promote the use of reusable, compostable, and/or recyclable materials within the Township, and preserve the natural, scenic, historic, and aesthetic values of the Township.
B. 
Findings.
(1) 
The production, use, and disposal of single-use plastic carry-out bags is severely detrimental to the environment in multiple ways, including in the generation of greenhouse gas emissions, solid waste, litter, harm to wildlife, and increased water consumption.
(2) 
There are numerous retail establishments within the Township that provide single-use plastic carry-out bags to their customers as well as many establishments that do not, evidencing that there are practical alternatives to single-use plastic carry-out bags.
(3) 
Most single-use plastic carry-out bags are made from plastic that does not readily decompose and results in the formation of microplastics if released into waterways.
(4) 
Approximately one hundred billion single-use plastic carry-out bags are discarded by United States consumers each year. In the Township, such bags are not readily recyclable, and they are not among the materials accepted as part of the Township's residential recycling program.
(5) 
Numerous studies have documented the prevalence of single-use plastic carry-out bags littering the environment, blocking storm drains, entering local waterways, and adhering to or upon natural resources and public property.
(6) 
The taxpayers of the Township pay the costs related to the cleanup of single-use plastic carry-out bags from the roadways, trees, sewers, waters, and parks within the Township.
(7) 
From an overall environmental and economic perspective, reusable or compostable bags or recyclable paper bags are preferable to single-use plastic carry-out bags.
(8) 
Alternatives to single-use plastic carry-out bags are readily available in and around the Township.
(9) 
As required by the Environmental Rights Amendment to the Pennsylvania Constitution, the Board of Commissioners seeks to preserve the natural, scenic, historic, and aesthetic values of the Township.
(10) 
The Board of Commissioners desires to conserve resources, reduce the amount of greenhouse gas emissions, waste, litter, and water pollution, and to protect the public health and welfare, including wildlife, all of which increase the quality of life for the Township's residents and visitors.
As used in this article, the following words and phrases shall have the following meanings unless the context clearly requires otherwise:
COMPLIANT BAG
The following paper carry-out bags and reusable bags:
A. 
A paper bag that meets the following minimum requirements:
(1) 
It is considered a recyclable paper material in Chapter 82 of the Township Code, as the same may be amended from time to time, contains a minimum of 40% post-consumer recycled material and displays the words "recyclable" and/or "reusable" in a highly visible manner on the outside of the bag; or
(2) 
It can be composted.
B. 
A reusable bag with stitched handles that is specifically designed and manufactured for multiple reuse. Reusable bags shall be made of either cotton, polyester, polypropylene, or other durable material.
CUSTOMER
Any person purchasing or receiving goods or services from a retail establishment.
POST-CONSUMER RECYCLED MATERIAL
A material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. "Post-consumer recycled material" does not include materials and by-products generated from and commonly reused within an original manufacturing and fabrication process.
RETAIL ESTABLISHMENT
Any store or commercial establishment, whether for profit or not for profit, that sells perishable or nonperishable goods, including, but not limited to, clothing, food, and personal items, directly to the customer and is located within or doing business within the geographical limits of the Township. Retail establishments include but are not limited to a commercial establishment that generates a sales or use tax; a drugstore, pharmacy, supermarket, grocery store, farmers' market, convenience food store, food mart, delivery service or other business entity engaged in the retail sale of a limited line of goods that include milk, bread, soda and snack foods; a public eating establishment (i.e., a restaurant, take-out food establishment, or any other business that prepares and sells prepared food to be eaten on or off its premises); and a business establishment that sells clothing, hardware, or any other nonperishable goods. For purposes of this article, retail establishments shall not include dry cleaners, food banks, food pantries, senior citizen centers or similar meal centers operated by nonprofit or governmental organizations or religious institutions.
SINGLE-USE PLASTIC CARRY-OUT BAG
Any bag made predominantly of plastic derived from either petroleum or a biologically based source, such as corn or other plant sources, which is made through a blown film extrusion process and that is provided by a retail establishment to a customer at the point of sale. The term does not include bags intentionally designed for reuse or product packaging. The following are exempt from the category of single-use plastic carry-out bags:
A. 
A bag without handles that is used to deliver perishable items to the point of sale at a commercial establishment, including bags used to package bulk items, contain frozen foods, unwrapped prepared foods and bakery goods, produce, meat, and live animals;
B. 
Bags used for laundry, dry cleaner, newspaper, or to protect a purchased item from damaging or contaminating other purchased items;
C. 
Bags sold in packages containing multiple bags, packaged at time of manufacture, and intended for use as food storage bags, lawn bags, trash or garbage bags, or pet waste bags.
TOWNSHIP
The Township of Lower Merion.
Beginning six months after the effective date of this article, no retail establishment shall provide to any customer a single-use plastic carry-out bag for the purpose of carrying goods away from the point of sale or for take-out deliveries from retail establishments within the Township. The point of sale in such transactions is deemed to be at the retail establishment regardless of where or how payment for the transaction occurs.
A. 
If the retail establishment provides a compliant bag for the purpose of carrying goods or other materials away from the point of sale, it shall charge the customer a fee of not less than $0.10 per compliant bag. This charge shall be reflected in the sales receipt.
[Amended 11-15-2023 by Ord. No. 4282]
B. 
Customers may use bags of any type that they bring to the retail establishment themselves without incurring a fee for a compliant bag or other charge.
Beginning 30 days after the effective date of this article, and for six months thereafter, retail establishments are required to post at all points of sale conspicuous signage informing customers that single-use plastic carry-out bags and nonrecycled paper bags will no longer be provided by the establishment as of the date the prohibition begins; that there will be a charge on any store-provided bags; explaining what types of bags and purchases are impacted; and providing any other information the Township may require by regulation.
A. 
The Township Manager, or his designee, has the responsibility for enforcement of this article and may promulgate reasonable rules and regulations in order to enforce the provisions hereof, including, but not limited to, investigating violations and issuing fines.
B. 
Any retail establishment that violates or fails to comply with any of the requirements of this article shall receive an initial written warning notice for that violation.
C. 
If a retail establishment has one or more subsequent violations of this article within one year of the issuance of an initial written warning notice of violation, each subsequent violation shall be a summary offense, a citation shall issue and the following penalties shall be imposed and shall be payable by the retail establishment:
(1) 
A fine of $100 for the first subsequent violation;
(2) 
A fine of $200 for the second violation in the same year dating from the first subsequent violation;
(3) 
A fine of $500 for the third and each subsequent violation in the same year dating from the first violation.
D. 
In addition to the penalties set forth in this article, the Township may seek legal, injunctive, or other equitable relief to enforce the provisions hereof.