Chapter 7.50
RETAIL CARRYOUT BAGS
Sections:
7.50.030 Prohibition on disposable plastic carryout bags.
7.50.040 Enforcement and penalties.
7.50.060 No conflict with federal or state law.
7.50.010 Purpose.
The purpose of this chapter is to encourage the use of reusable bags so as to reduce litter in the town and the town’s waterways, and also to reduce the number of single-use bags in the town’s waste stream. [Ord. 1169 § 1, 2018.]
7.50.020 Definitions.
(1) “Carryout bag” means a bag that is provided by a retail establishment at the check stand, cash register, point of sale or other point of departure to a customer for the purpose of transporting food, goods or merchandise out of the establishment. Carryout bags do not include:
(a) Bags used by customers inside stores to package bulk items such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items such as nails and bolts, or to contain or wrap frozen foods, meat or fish whether prepackaged or not; or
(b) To contain or wrap flowers or potted plants, or other items where dampness may be a problem, or to contain unwrapped prepared foods or bakery goods, or to contain prescription drugs; or
(c) Used to protect a purchased item from damaging or contaminating other purchased items when placed in a recyclable paper bag or reusable bag, or to safeguard public health and safety during the transportation of prepared take-out foods intended for consumption away from the retail establishment;
(d) Newspaper bags, door-hanger bags, laundry/dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags.
(2) “Retail establishment” means any person, corporation, partnership, business venture, public sports or entertainment facility, government agency, street vendor or vendor at public events or festivals or organizations that sell or provide merchandise, goods or materials including, without limitation, clothing, food, beverages, household goods, or personal items of any kind directly to a customer. Examples include but are not limited to clothing stores, jewelry stores, grocery stores, pharmacies, hardware stores, liquor stores, convenience stores, gas stations, restaurants, food vending trucks, farmers markets and temporary vendors of food and merchandise at street fairs and festivals. Food banks, food assistance programs and organizations providing services specifically for low-income households are not considered to be retail establishments for the purposes of this chapter.
(3) “Disposable plastic carryout bag” means any carryout bag made from plastic or bioplastic, including materials marketed or labeled “biodegradable” or “compostable,” that is neither intended nor suitable for continuous reuse, or that is less than 2.25 mils thick.
(4) “Reusable bag” means a bag made of cloth, fabric or other material with handles that is specifically designed and manufactured for long-term multiple reuse and meets all of the following requirements:
(a) Has a minimum lifetime of 125 uses, which for the purposes of this section, means the capability of loading, carrying and unloading a minimum of 22 pounds over a distance of at least 175 feet a minimum of 125 times;
(b) Is washable, whether by machine or hand;
(c) If made of plastic, meets all of the requirements above and is a minimum of 2.25 mils thick. [Ord. 1169 § 1, 2018.]
7.50.030 Prohibition on disposable plastic carryout bags.
No retail establishment in the town, or any of its employees, managers or owners, shall provide a disposable plastic carryout bag to any customer. [Ord. 1169 § 1, 2018.]
7.50.040 Enforcement and penalties.
(1) Any person who violates any of the provisions of this chapter shall have committed a civil infraction as set forth in Chapter 1.15 LCMC; provided, however, that the code enforcement officer shall instead issue a written warning to any person the code enforcement officer determines is violating any provision of this chapter when such violation is the first instance of noncompliance.
(2) Any person may request a temporary waiver from the requirements of this chapter by filing a request with the town administrator or designee. The town administrator or designee may waive any specific requirement of this chapter for a period of up to four months if the person seeking the waiver has shown that strict application of the specific requirement would create an undue hardship, practical difficulty or other material concern not generally applicable to other persons or retail establishments in similar circumstances. The town administrator’s or designee’s decision to grant or deny a waiver shall be in writing and shall be final and not subject to appeal. For the purposes of this section, the phrase “undue hardship” may include, but is not limited to, the following:
(a) Situations where there are no acceptable alternatives to the use of disposable plastic carryout bags for reasons that are unique to a particular retail establishment.
(b) Situations where compliance with the requirements of this chapter would deprive a person of a legally protected right.
(3) The town administrator may approve the exemption request, in whole or in part, with or without conditions. [Ord. 1169 § 1, 2018.]
7.50.050 Severability.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid, or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. [Ord. 1169 § 1, 2018.]
7.50.060 No conflict with federal or state law.
Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. [Ord. 1169 § 1, 2018.]