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;
E.
Any other bag exempted from the provisions of this chapter.
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.