[HISTORY: Adopted by the Board of Selectmen of the Town of
Weston 12-6-2018, effective 3-7-2019. Amendments noted where applicable.]
The Town of Weston is committed to protecting the environment
and the public health, safety, and welfare of its citizens. The goal
of this chapter is to reduce the common use of plastic checkout bags
and to encourage the use of reusable bags by consumers, thereby reducing
local land and marine pollution, advancing solid waste reduction,
protecting the Town's unique natural beauty and irreplaceable
natural resources, and improving the quality of life for the citizens
of the Town.
A.
Single-use plastic bags are an environmental nuisance; adversely
affect public health; are a detriment to tourism; and impair the overall
quality of life of the Town's residents and visitors.
(1)
Because plastic bags are lightweight, they easily become airborne
even when properly disposed of, littering beaches, roadsides and sidewalks.
They clog storm drainage systems, contribute to marine and terrestrial
pollution, and detract from the natural beauty of the Town for visitors
and residents alike.
(2)
Plastic bags photo-degrade, disintegrating into minute particles
which adsorb toxins and pose a threat to riparian and marine environments,
contaminating the food chain, water and soil. They are also a menace
to marine life, killing birds, marine mammals, sea turtles and fish
each year through ingestion and entanglement.
(3)
The vast majority of plastic bags are not recycled, and recycling
of plastic bags is not available in The Town of Weston. Their disposal
adds to the Town's waste management expense, both through the
cost of transporting waste to landfills and due to their contamination
of the single-stream recycling system.
B.
Single-use plastic bag ordinances have proven to be effective in
reducing plastic bag consumption and litter and are part of a growing
global movement towards sustainability.
As used in this chapter, the following terms shall have the
meanings indicated:
A carryout bag with or without handles provided by a store
to a customer at the point of sale that is intended for the purpose
of transporting food or merchandise out of the store. The term "checkout
bag" does not include product bags.
The Compliance Officer for the Town of Weston.
A flexible container made of very thin plastic material with
a single opening that is used to transport clothing from a dry cleaner,
produce, meats, small unpackaged products (e.g., beads and nails or
other small hardware items) or other items selected by customers to
the point of sale.
A paper bag with or without handles that is 100% recyclable
and contains at least 40% post-consumer recycled content (except that
an eight-pound or smaller paper bag shall contain a minimum of 20%
post-consumer recycled content) and visibly displays both the word
"recyclable" and "reusable" on the outside of the bag and the percentage
of post-consumer recycled content. Bag must contain no old growth
fiber and must be FSC certified.
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmer's markets,
flea markets and restaurants. The term "retail sales" does not include
sales of goods at yard sales, tag sales, other sales by residents
at their home, and sales by nonprofit and governmental organizations.
A bag with handles that is specifically designed and manufactured
for multiple reuse and is:
Any commercial enterprise engaging in retail sales.
A.
Any person engaged in retail sales shall provide only reusable bags
and/or recyclable paper bags as checkout bags to customers. No store
in the Town shall provide plastic checkout bags to any customer.
B.
If a store provides checkout bags, they shall only provide recyclable
paper bags or reusable bags.
C.
This chapter shall not apply to product bags.
A.
Stores shall charge and retain a fee of not less than $0.10 for each
recyclable paper bag or reusable bag provided to a customer.
B.
Nothing in this chapter shall prohibit a store from encouraging and
providing incentives for the use of reusable bags. Stores may use
credits or rebates for customers that bring their own reusable bags
for the purpose of carrying away goods.
C.
The fee for recyclable paper bags shall not apply to customers making
purchases using supplemental nutrition assistance program (SNAP) and
supplemental nutrition program for women, infants, and children (WIC)
or "food stamps." These customers will receive recyclable paper bags
free of charge.
Any violation of this chapter shall be punishable by a civil
fine of $150 per incident.
A.
The Code Enforcement Officer shall be authorized to enforce violations
of this chapter.
B.
The Code Enforcement Officer shall provide written notice to any person who violates this chapter. Upon subsequent violation by the same person, the Code Enforcement Officer shall issue a citation as provided for in Chapter 39 of the Code. Repeat offenders shall be issued additional citations without first receiving a notice of violation.
