[1]
Editor's Note: Former Part 7, Operation of All Terrain Vehicles, was repealed by Ord. No. 2018-O-4, 9/26/2018.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1. 
Purpose.
A. 
The purpose of this Part is to reduce the use of single-use plastic bags, expanded polystyrene food service products, single-use plastic straws, and single-use plastic utensils by retail establishments within the Township.
B. 
To 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 recyclable materials within the Township, and to preserve the natural, scenic, historic, and esthetic values of the Township.
C. 
To relieve the pressure for landfills to manage the disposition of single-use products.
2. 
Findings.
A. 
The use of single-use plastic bags, expanded polystyrene food service products, single-use plastic straws and single-use plastic utensils have severe environmental impacts, including greenhouse gas emissions, litter, harm to wildlife, ground level ozone formation, atmospheric acidification, water consumption, and solid waste generation.
B. 
There are numerous commercial establishments within the Township which provide single-use plastic bags, expanded polystyrene food service products, single-use plastic straws and single-use plastic utensils to their customers.
C. 
The majority of such single-use plastic bags, expanded polystyrene food service products, single-use plastic straws and single-use plastic utensils are made from plastic or other material that does not readily decompose.
D. 
Approximately 100 billion single-use plastic bags are discarded by United States consumers each year. Given the difficulty of recycling these materials, less than 1% of single-use plastic bags are returned for recycling in the United States, and in the Township, such bags are not curbside recyclable.
E. 
Approximately 500 million single-use plastic straws are discarded by United States consumers every day. In the Township, such straws are not readily recyclable.
F. 
Numerous studies have documented the prevalence of single-use plastic bags, expanded polystyrene food service products, and/or plastic straws littering the environment, blocking storm drains, entering local waterways, and becoming stuck in or upon natural resources and public property.
G. 
The taxpayers of the Township pay the costs related to the cleanup of single-use plastic bags, expanded polystyrene food service products, single-use plastic straws and single-use plastic utensils from the roadways, trees, sewers, waters, and parks within the Township.
H. 
From an overall environmental and economic perspective, the best alternative to single-use plastic bags is a shift to reusable bags or recyclable paper bags, and the best alternative to single-use plastic utensils and straws are reusable utensils and straws, recyclable paper utensils and straws, or utensils and straws made from other natural products, if a utensil or straw is required.
I. 
There are several alternatives to single-use plastic bags, expanded polystyrene food service products, single-use plastic straws and single-use plastic utensils readily available in and around the Township.
J. 
An important goal of the Township is to procure and use sustainable products and services.
K. 
An important goal of the Township is to preserve the natural, scenic, historic, and esthetic values of the Township.
L. 
It is the Township's desire to conserve resources, reduce the amount of greenhouse gas emissions, waste, litter, water pollution, and to protect the public health and welfare, including wildlife, all of which increases the quality of life for the Township's residents and visitors.
M. 
Studies have documented that placing a mandatory charge on single-use plastic bags, banning expanded polystyrene food service products, and not providing single-use plastic straws or utensils will dramatically reduce the use of such items.
N. 
As required by the Environmental Rights Amendment to the Pennsylvania Constitution, the Board seeks to preserve the natural, scenic, historic, and esthetic values of the Township.
O. 
It is the Board's desire to conserve resources, reduce the amount of greenhouse gas emissions, waste, litter, water pollution, and to protect the public health and welfare, including wildlife, all of which increases the quality of life for the Township's residents and visitors.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
When used in this Part 7, the following terms shall have the following definitions:
CUSTOMER
Any person purchasing goods or services from a retail establishment.
EFFECTIVE DATE
The effective date of the ordinance that added this Part 7 to Chapter 10 of the Ordinances of Newtown Township.
EXEMPTED BAG
A. 
A bag used inside a retail establishment by a customer to deliver perishable items to the point-of-sale at that establishment;
B. 
Shall include:
(1) 
A bag used to package bulk items such as fruit, vegetables, nuts, grains, or candy;
(2) 
A bag used to contain or wrap meats or fish; to contain unwrapped prepared foods or bakery goods or candy;
(3) 
A bag used solely to contain live animals, such as fish or insects sold in a pet store;
(4) 
A bag sold in packaging containing multiple bags and packaged at the time of manufacture of the bag.
EXPANDED POLYSTYRENE
Blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by a number of techniques, including, but not limited to: fusion of polymer spheres, known as "expandable bead 20 polystyrene"; injection molding; foam molding; and extrusion-blow molding, also known as "extruded foam polystyrene."
EXPANDED POLYSTYRENE FOOD SERVICE PRODUCT
A. 
Means a product made of expanded polystyrene that is used for selling, providing, or transporting food or beverages;
B. 
Shall include:
(1) 
Food containers;
(2) 
Plates;
(3) 
Hot and cold beverage cups;
(4) 
Trays; and
(5) 
Clamshells.
C. 
Shall not include:
(1) 
Food or beverages that have been packaged in expanded polystyrene outside the Township before receipt by a food service establishment or store;
(2) 
A product made of expanded polystyrene that is used to package raw, uncooked, or butchered meat, fish, poultry, or seafood; or
(3) 
Non-foam polystyrene food service products.
PLASTIC
A synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal, including material derived from either petrochemicals or a biologically based polymer, such as corn or other plant sources.
RECYCLABLE PAPER BAG
A paper bag that meets the following, but not including an exempted bag:
A. 
Is 100% recyclable;
B. 
Contains no old growth fiber;
C. 
Contains a minimum of 40% post-consumer recycled content; and
D. 
Displays the word "Recyclable" in a highly visible manner on the outside of the bag, and is labeled in a highly visible manner on the outside of the bag with the name of the manufacturer, the location (country) where manufactured, and the percentage of post-consumer recycled content of the bag in an easy-to-read font size.
RETAIL ESTABLISHMENT
A location where food or other products are offered to the public for direct sale or delivery to a customer, including, but not limited to, the following: supermarket, convenience store, service station, delicatessen, department store, dollar store, drycleaner, clothing store, restaurant, pharmacy, food truck, farmers' market or delivery service.
REUSABLE BAG
A carryout bag that is designed and manufactured for multiple uses and is: (a) made of cloth or other machine-washable fabric that has stitched handles; or (b) a polypropylene bag that has stitched handles.
SINGLE-USE PLASTIC BAG
A bag made from plastic through a blown-film extrusion process, but not including an exempted bag.
SINGLE-USE PLASTIC STRAW
A straw sold or distributed for the purpose or intent of transferring a beverage from its container to the mouth of the drinker by suction, which is made of Plastic and which is primarily intended for a single use. The term shall also include a stirrer, a device used to mix beverages, intended for a single use, and made from plastic. The term single-use plastic straw shall not include straws provided under any of the following circumstances:
A. 
When provided with a beverage on private property used as a residence;
B. 
When provided by a state, federal or local government agency;
C. 
When packaged with beverages prepared and packaged outside of the Township, provided such beverages are not altered, packaged, or repackaged within the Township;
D. 
When provided as an assistance device to reasonably accommodate a disability.
SINGLE-USE PLASTIC UTENSIL
A. 
Means any item used or provided by a retail establishment to serve, consume, or manipulate food or beverages that is primarily made from plastic, other than a single-use plastic straw.
B. 
Includes, but is not limited to, forks, spoons, sporks, knives, chopsticks, stirrers, beverage spill plugs, toothpicks, novelty cocktail accessories, and other drink or food accoutrements.
C. 
Shall not include utensils provided under the following circumstances:
(1) 
When packaged with beverages prepared and packaged outside of the Township, provided such beverages are not altered, packaged, or repackaged within the Township; and
(2) 
When provided as an assistance device to reasonably accommodate a disability.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1. 
Beginning 120 days after the effective date, retail establishments are prohibited from providing a Single-use Plastic Bag or a bag that does not qualify as either a reusable bag or a recyclable paper bag to a customer at the retail establishment or through a delivery. The preceding sentence shall not apply to an exempted bag.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1. 
Beginning 120 days after the effective date, retail establishments are prohibited from providing a non-recyclable paper bag to a customer at the retail establishment or through a delivery.
2. 
A retail establishment may provide a customer a recyclable paper bag either at the point of sale, inside the store or through a delivery, if the bag is provided to the customer for a charge of not less than $0.10 per recyclable paper bag.
3. 
All monies collected by a retail establishment under this section for provision of a recyclable paper bag shall be retained by the retail establishment.
4. 
Any charge for a recyclable paper bag shall be separately stated on any receipt provided to the customer at the time of sale and shall be identified as the "Carry-Out Bag Charge" thereon.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1. 
A retail establishment may provide a customer a reusable bag at the point of sale.
2. 
All monies collected by a retail establishment under this section for provision of a reusable bag shall be retained by the retail establishment.
3. 
Any charge for a reusable bag shall be separately stated on a receipt provided to the customer at the time of sale and shall be identified thereon.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1. 
Beginning 90 days after the effective date, and for six months thereafter, retail establishments are required to post at all points of sale conspicuous signage informing customers that single-use plastic bags and non-recyclable paper bags will no longer be provided by the establishment as of the date the prohibition begins; explaining what types of bags and purchases are impacted; and providing any other information the Township may require by regulation.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1. 
Beginning 120 days after the effective date, retail establishments are prohibited from providing an expanded polystyrene food service product to a customer at the retail establishment or through a delivery.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1. 
Beginning 120 days after the effective date, retail establishments are prohibited from providing single-use plastic straws, except upon request of the customer.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1. 
Beginning 120 days after the effective date, retail establishments are prohibited from providing single-use plastic utensils, except upon request of the customer.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1. 
Upon written request of a retail establishment, the Township Manager or his or her designee, may exempt a retail establishment from the requirements of this Part for a period of not more than one year from the effective date following a recommendation by the Environmental Advisory Council only in the following circumstances or situations, and any exemptions that may be provided pursuant hereto may contain conditions:
A. 
The retail establishment has a unique circumstance or situation such that there are no reasonable alternatives to single-use plastic bags, non-recyclable paper bags or expanded polystyrene food product; or
B. 
Additional time is necessary to draw down an existing inventory held by the retail establishment of single-use plastic bags, non-recyclable paper bags, non-reusable bags or expanded polystyrene food service product. A retail establishment must submit a receipt reflecting the inventory held by the retail establishment in support of its request for a temporary exemption.
[Added by 12-6-2023 by Ord. No. 2023-O-6]
1. 
The Township Manager or his/her designee(s) shall have the primary responsibility for enforcement of this Part. In no event shall any citations for violations of this Chapter 10, Part 7, be issued before 120 days after the effective date, for purposes of allowing education and awareness regarding the requirements of this Part.
2. 
A person or retail establishment that violates the requirements of this Chapter 10, Part 7, shall:
A. 
Be given a written warning for a first offense with a thirty-day grace period before issuing a second offense;
B. 
Be subject to a civil penalty of $50 for a second offense;
C. 
Be subject to a civil penalty of $100 for a third offense; and
D. 
Be subject to a civil penalty of $200 for a fourth or any subsequent offense.
3. 
Any retail establishment that receives an initial written warning notice may file a request for an exemption to the extent permitted pursuant to § 10-710 above. If a temporary exemption is granted, enforcement will not proceed to a second or subsequent offense until the temporary exemption expires.
4. 
In addition to the penalties set forth in this Part, the Township shall be entitled to its attorneys' fees and the costs of enforcing this Part, and may seek legal, injunctive, or other equitable relief to enforce this Part.
5. 
The failure of the Township to enforce any provision of this Part shall not constitute a waiver by the Township of its rights to future enforcement hereunder.