Town of Dennis, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Dennis as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Litter — See Ch. 126.
Food service — See Ch. 237.
Landfill — See Ch. 244.
Toxic and hazardous materials — See Ch. 250.
[Adopted 10-18-2016 STM, Art. 17]
A. 
The production and use of single-purpose plastic bags has significant impacts on the marine and land environment of communities, including coastal communities, including but not limited to deaths of marine and terrestrial animals through ingestion, entanglement, the pollution of land resources through litter requiring significant expense to remove, the clogging of storm drainage system, interference with single stream resources recovery systems, which are generally not equipped to handle plastic bags, and using millions of gallons of fossil fuels in the United States in connection with their manufacturing.
B. 
Therefore, the Town of Dennis seeks to phase out the single-use plastic bags by all retail establishments over the period of 12 months from the effective date of this bylaw. The purpose of this legislation is to phase out the usage of single-use checkout bags by retail establishments and restaurants in the Town of Dennis.
As used in this article, the following terms shall have the meanings indicated:
ESTABLISHMENT
Any business selling goods, articles, food or personal services to the public, including takeout restaurants.
REUSABLE BAG
A bag that is specifically designed for multiple uses and is made of cloth, fabric or other durable materials.
SINGLE-USE PLASTIC BAG
Bags made of plastic with integral handles, and a thickness less than 2.5 mils, that are intended to be used for the transport of products purchased at an establishment as defined herein.
A. 
Single-use plastic bags shall not be distributed or sold at any establishment within the Town of Dennis. Existing stock of single-use bags shall be phased out within 12 months of adoption of this bylaw; any remaining stock shall be disposed of properly by the establishment.
B. 
Customers are encouraged, in the meantime, to bring their own reusable shopping bags to stores. Establishments may provide reusable bags at no charge. Establishments are strongly encouraged to make reusable bags available to customers at a reasonable price.
C. 
Thin-film plastic bags used by establishments to contain dry-cleaning, newspapers, produce, meat, bulk food, wet items and other similar merchandise, typically without handles, are exempt from the provisions of this bylaw.
A. 
This bylaw may be enforced by any Town police officer, enforcement officers or agents of the Board of Health.
B. 
This bylaw may be enforced through any lawful means in law or in equity, including, but not limited to, noncriminal disposition pursuant to MGL c. 40, § 21D, and the appropriate chapter of the General Bylaws of the Town of Dennis. If noncriminal disposition is elected by the Board of Selectmen in its enforcement policies, then any establishment which violates any provision of this bylaw shall be subject to the following penalties.
(1) 
First offense: fine of $50.
(2) 
Second offense: fine of $100.
(3) 
Third and subsequent offense: fine of $200.
C. 
Subsequent offenses shall be determined as offenses occurring within two years of the date of the first noticed offense. Each day or portion thereof shall constitute a separate offense.
[Adopted 10-18-2016 STM, Art. 18]
A. 
Expanded polystyrene food and beverage containers form a significant portion of the solid waste stream going into our transfer station. Expanded polystyrene food and beverage containers are not biodegradable. The elimination of expanded polystyrene food and beverage containers is in the best interest of the health and welfare of the inhabitants of the Town of Dennis.
B. 
This bylaw shall take effect 12 months following the effective date of the bylaw to allow time for restaurants and retail food establishments to use their existing inventory of expanded polystyrene food or beverage containers and to convert to alternative materials.
As used in this article, the following terms shall have the meanings indicated:
DISPOSABLE FOOD SERVICE CONTAINER
Single-use disposable products for serving or transporting prepared food or beverages, including, without limitation, take-out foods and/or leftovers from partially consumed meals prepared by a restaurant and/or retail food establishment. This includes, but is not limited to, plates, cups, bowls, trays, hinged or lidded containers, straws, cup lids, or utensils. It shall not include single-use disposable packaging for unprepared foods.
EXPANDED POLYSTYRENE
Blown polystyrene (polystyrene that has been expanded or blown using a gaseous blowing agent into a solid foam) and expanded and extruded forms, which 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 polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene), sometimes called Styrofoam, a Dow Chemical Co. trademarked form of polystyrene foam.
FOOD ESTABLISHMENT
An operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption, as further defined in 105 CMR 590.002. Any establishment requiring a permit to operate in accordance with the State Food Code, 105 CMR 590.000 et seq., shall be considered a food establishment for purposes of this bylaw.
PREPARED FOOD OR BEVERAGE
Any food or beverage prepared on the restaurant and/or retail food establishment's premises using any cooking or food preparation technique. Prepared food shall not include any raw uncooked meat, fish or eggs unless provided for consumption without further food preparation. Prepared food may be eaten on or off the food establishment's premises.
Expanded polystyrene food or beverage containers shall not be used as disposable food service containers by food establishments within the Town of Dennis. This bylaw only applies for prepared food or beverage, and shall not apply to the packaging of uncooked meat, uncooked poultry, and/or uncooked fish.
Not later than 60 days following approval hereof by the Attorney General, the Board of Health shall adopt a list of available suitable affordable biodegradable/compostable or recyclable alternatives for each product type, which the Board of Health shall update regularly.
A. 
This bylaw may be enforced by any Town police officer, enforcement officers or agents of the Board of Health.
B. 
This bylaw may be enforced through any lawful means in law or in equity, including, but not limited to, noncriminal disposition pursuant to MGL c. 40, § 21D, and the appropriate chapter of the General Bylaws of the Town of Dennis. If noncriminal disposition is elected by the Board of Selectmen in its enforcement policies, then any establishment which violates any provision of this bylaw shall be subject to the following penalties.
(1) 
First offense: fine of $50.
(2) 
Second offense: fine of $100.
(3) 
Third and subsequent offense: fine of $200.
C. 
Subsequent offenses shall be determined as offenses occurring within two years of the date of the first noticed offense. Each day or portion thereof shall constitute a separate offense.
D. 
The Board of Health, after a hearing conducted in accordance with the procedures set forth in 105 CMR 590.14 and 590.15, may suspend or revoke the food service permit for any food establishment failing to comply with this bylaw.