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Town of East Hampton, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of East Hampton 12-18-2014 by L.L. No. 42-2014. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the indicated meanings:
CHECKOUT BAG
A carryout bag that is provided to a customer at the point of sale. The term "checkout bag" does not include plastic produce bags, paper bags or plastic bags measuring 28 inches by 36 inches or larger in size.
EXPANDED POLYSTYRENE
Blown polystyrene and expanded and extruded foams that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead foam), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene). Such term shall not include rigid polystyrene, but shall include polystyrene coolers.
[Added 1-17-2019 by L.L. No. 3-2019]
FOOD SERVICE ESTABLISHMENT
A premises or part of a premises where food is provided directly to the consumer whether such food is provided free of charge or sold, and whether consumption occurs on or off the premises or is provided from a pushcart, stand or vehicle. Food service establishments shall include, but not be limited to, full service restaurants, fast food restaurants, coffee shops, bakeries, delicatessens, take-out food stores, food trucks and grocery stores. Food trucks shall include "concessionaire" as defined in Chapter 198, Peddling, of this Code.
[Added 1-17-2019 by L.L. No. 3-2019]
PLASTIC PRODUCE BAG
A flexible container made of very thin plastic material with a single opening that is used to transport produce, meats or other items selected by the customers to the point of sale.
POLYSTYRENE LOOSE FILL PACKAGING
A void-filling packaging product made of expanded polystyrene that is used as a packaging fill, commonly known as packing peanuts.
[Added 1-17-2019 by L.L. No. 3-2019]
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% postconsumer recycled content.
REUSABLE BAG
A bag with handles that is specifically designed and manufactured for multiple reuse and is:
A. 
Made of cloth or other fabric; and/or
B. 
Made of durable plastic that is at least 2.25 millimeters thick.
SINGLE-SERVICE ARTICLES
Cups, containers, lids, closures, trays, plates, knives, spoons, stoppers, paddles, straws, place mats, napkins, doilies, wrapping materials, toothpicks and all similar articles that are intended by the manufacturer to be used once for eating or drinking or that are generally recognized by the public as items to be discarded after one use.
[Added 1-17-2019 by L.L. No. 3-2019]
STORE
A retail or wholesale establishment other than a food service establishment.
[Added 1-17-2019 by L.L. No. 3-2019]
A. 
Any person engaged in retail sales within a principal or accessory retail use within the Town shall provide only reusable bags and/or recyclable paper bags as checkout bags to customers.
B. 
Nothing in this section shall preclude persons engaged in retail sales from making reusable bags available for sale to customers.
[Added 1-17-2019 by L.L. No. 3-2019[1]]
A. 
No food service establishment or store shall possess, sell, or offer for use single-service articles that consist of expanded polystyrene including, but not limited to, providing food in single-service articles that consist of expanded polystyrene. This subdivision shall not apply to (i) expanded polystyrene containers used for prepackaged food that have been filled and sealed prior to receipt by the food service establishment or store; (ii) expanded polystyrene containers used to store raw meat, pork, fish, seafood or poultry sold from a butcher case or similar retail appliance; or (iii) expanded polystyrene containers used for wholesale fish or seafood shipments outside of the Town of East Hampton.
B. 
No manufacturer or store shall sell or offer for sale polystyrene loose fill packaging or polystyrene coolers in the Town of East Hampton.
[1]
Editor's Note: This ordinance also provided for the redesignation of former §§ 83-3 and 83-4 as §§ 83-4 and 83-5, respectively.
[Amended 1-17-2019 by L.L. No. 3-2019]
The restriction set forth in § 83-3 shall become operative on April 22, 2019, or upon filing with the Secretary of State, whichever is later, so as to allow retail establishments a period of time within which to dispose of their existing inventory of polystyrene items and convert to alternative materials.
Any person committing an offense against any provision of this chapter shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.