[HISTORY: Adopted by the Town Board of the Town of Harrison 2-6-2020 by L.L. No. 1-2020[2]. Amendments noted where applicable.]
[1]
Editor's Note: Former Ch. 144, Fire Sprinkler Systems, adopted 10-18-1989 by L.L. No. 5-1989, as amended, was reenacted as Art. III of Ch. 143, Fire Prevention, 1-20-1999 by L.L. No. 3-1999.
[2]
Editor's Note: This local law provided an effective date of 4-1-2020.
A. 
The intent and purpose of this chapter is to encourage consumers in the Town of Harrison to use their own reusable bags for shopping by requiring not less than a $0.05 fee on single-use carryout paper bags that are provided at retail stores.
B. 
The Town Board further finds that Americans consume more than ten billion single-use paper bags each year (Northwest Region, Waste Management, Waste by the Numbers, 2004).
C. 
The production, transportation, disposal and littering of single-use bags have serious environmental, communal and financial concern (Environment Agency, Government United Kingdom, Evidence: A Life cycle assessment of supermarket carrier bags, 2006).
D. 
The Town Board further finds that studies indicate that fees for single-use paper bags are effective in reducing the proliferation of paper and plastic single-use carryout bags and protecting the environment (Government of the District of Columbia, District Department of the Environment, 2012-2013, DDOE; United Kingdom Department for Environment, Food and Rural Affairs).
E. 
The Town Board concludes that in lieu of enacting a total ban on single-use paper bags, the Town of Harrison should instead require retail stores to charge a fee of not less than $0.05 on single-use paper carryout bags.
As used in this chapter, the following terms shall have the meanings indicated:
COVERED STORE
An establishment that is engaged in the retail sale of personal, consumer or household items, including but not limited to drug stores, pharmacies, grocery stores, supermarkets, convenience stores, food marts, apparel stores, home center and hardware stores, stationery and office supply stores, and food service establishments located within grocery stores, supermarkets, convenience stores or food marts, that provide carryout bags to customers in which to place purchased items. This term does not include food service establishments located outside of grocery stores, supermarkets, convenience stores or food marts.
FOOD SERVICE ESTABLISHMENT
A place where prepared food is provided for individual portion service directly to a consumer, whether consumption occurs on or off the premises.
PERSON
Any natural person, firm, corporation, partnership or other organization or group however organized.
RECYCLABLE PAPER BAG
A paper bag that should have the following characteristics:
A. 
Contains no old-growth fiber;
B. 
Is 100% recyclable overall and contains a minimum of 40% post-consumer recycled content.
RETAIL SALES
The transfer to a customer of goods in exchange for payment occurring in retail stores, sidewalk sales, farmers' markets and flea markets. The term "retail sales" does not include sales of goods at yard sales, tag sales, and other sales by residents at their homes.
REUSABLE BAG
A. 
A bag with handles that is specifically designed and manufactured for multiple reuse and is either:
(1) 
Made of cloth or other machine-washable material, but not film plastic; or
(2) 
Made of durable plastic that is at least 2.25 mils thick.
B. 
Reusable carryout bags provided to customers pursuant to this chapter shall be conspicuously labeled as reusable.
SINGLE-USE PAPER CARRYOUT BAG
A. 
A bag without handles used to carry produce, meats, poultry, fish, dairy, dry goods or other non-prepackaged food items to the point of sale within a covered store or to prevent such food items from corning into direct contact with other purchased items;
B. 
A bag provided by a pharmacy to carry prescription drugs;
C. 
A garment bag;
D. 
A reusable bag; or
E. 
Any other bag exempted from the provisions of this chapter.
A. 
Covered stores shall charge a fee of not less than $0.05 for each single-use paper carryout bag provided to any customer. All fees collected by a covered store under this chapter shall be retained by the store. Covered stores shall separately itemize the fee charged pursuant to this chapter on the standard receipt provided to customers.
B. 
No covered store shall charge a fee for, or prevent a customer from using, bags of any type brought by the customer to such store to carry purchased goods from such store.
C. 
Nothing in this chapter shall prohibit customers from carrying away goods that are not placed in a bag.
Paper carryout bags provided by covered stores to customers shall contain a minimum of 40% post-consumer recycled content and be conspicuously labeled with the amount of post-consumer recycled content.
Covered stores are prohibited from making a charge against, or deduction from, the wages of an employee to offset any penalty addressed against the covered store pursuant to this chapter.
The provisions of this chapter shall be enforced by the Police Department of the Town of Harrison, the Town Code Enforcement Officer or other officials designated by the Town Board.
Any person violating any provision of this chapter shall be subject to a fine not exceeding $250 for the first violation, $500 for the second violation and $1000 for the third violation, or each violation thereafter. The continuation of a violation of the provisions of this chapter shall constitute, for each day the violation continues, a separate and distinct violation hereunder.
This chapter shall apply to all actions occurring on or after the effective date of this chapter.
It is the intention of the Town of Harrison and it is hereby enacted that the provisions of this chapter shall be included in the Code of the Town of Harrison; that the sections and subsections of this chapter may be renumbered or relettered by the Codifier to accomplish such intention; that the Codifier shall make no substantive changes to this chapter; that the word "Local Law" shall be changed to "chapter," "Section" or other appropriate word as required for codification; and that any such rearranging of the numbering and editing shall not affect the validity of this chapter or the provisions of the Code affected thereby.
The provisions of this chapter are separable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any person or circumstance, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or parts of this chapter or their petition to other persons or circumstances. It is hereby declared to be the legislative intent that this chapter would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstance to which the chapter or part hereof is held inapplicable had been specifically exempt therefrom.