Town of Dennis, MA Article I Reduction of Single-Use Plastic Bags

[Adopted 10-18-2016 STM, Art. 17]

§ 88-1 Purpose and intent.

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.

§ 88-2 Definitions.

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.

§ 88-3 Use regulations; exemptions.

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.

§ 88-4 Enforcement; violations and penalties.

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 Select Board in its enforcement policies, then any establishment which violates any provision of this bylaw shall be subject to the following penalties.

[Amended 10-3-2020 STM by Art. 12]

(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.