[Adopted 1-15-2019 by Ord. No. 2019-02]
A.
It is in the best interests of the citizens of and visitors to the
Town of Bar Harbor to protect the environment and natural resources
of the Town and the State of Maine and the bodies of water within
and adjacent to the Town by prohibiting the use and distribution of
polystyrene foam food service containers.
B.
Therefore the purpose of this article is to ban the use of polystyrene
foam food service containers to reduce litter, to minimize impact
on the Town Transfer Station while increasing recyclables, and to
reduce the environmental impact caused by the use of polystyrene foam
food service containers.
This article is enacted under the Home Rule Authority of municipalities
pursuant to the Constitution of the State of Maine, Article VIII,
Part 2, Section 1, the provisions of Title 30-A M.R.S.A. Chapter 141,
and the general power of municipalities to enact police power ordinances.
As used in this article, the following terms shall have the
meanings indicated:
A person or entity engaging in the sale or distribution of
prepared food or beverages to consumers. This includes, but is not
limited to, retail vendors of food or beverages, restaurants, takeouts,
schools, hospitals, religious institutions, governmental institutions,
community centers, markets, temporary and/or seasonal vendors and
on-site events.
Any person who places food in packaging materials for the
purpose of retail sale of those products.
Expanded and extruded polystyrene foam and blown polystyrene,
generally used to make cups, bowls, plates, trays, clamshell containers,
meat trays, and egg cartons. This does not include oriented (clear)
polystyrene.
Any food container made, in whole or in part, of polystyrene
foam and used to package or hold food or beverage for on-site or off-site
consumption.
Food or beverages which are served or sold at an establishment
having been either previously prepared elsewhere or prepared at the
establishment.
A.
Items prepackaged in polystyrene foam food service containers outside
the Town of Bar Harbor may be sold without repackaging those items.
B.
Uncooked meat and seafood may be sold in polystyrene foam food service
containers.
C.
Items to be shipped to points outside Bar Harbor may be packaged
in polystyrene foam food service containers for shipping.
D.
An establishment or food packager shall be exempt from the provisions
of this article in a situation deemed to be an emergency by the Town
Council, for the immediate preservation of the public health and safety.
E.
An establishment or food packager is allowed to draw down and deplete
existing inventory of polystyrene food service containers by December
2019.
A.
The Code Enforcement Officer shall have the primary responsibility
of the enforcement of this article. If the CEO determines that a violation
of the article has occurred, a written warning notice shall be issued
to the establishment. If an additional violation occurs after a written
warning has been issued, the CEO shall issue a written notice of violation
(NOV) and shall impose a penalty as set forth below.
B.
Violations of this article shall be punishable by fines as follows:
(1)
A fine not exceeding $100 for the first written NOV violation in
a one-year period.
(2)
A fine not exceeding $200 for the second and each subsequent written
NOV in a one-year period. Each day that a violation occurs shall be
considered a subsequent violation.
(3)
Fines are payable within 15 days of receipt of written notice of
violation.
Any decision, action, or inaction pertaining to this article
may be appealed to the Maine Superior Court (Hancock County) within
30 days of the decision, action or inaction.
In the event any portion of this article shall be found to be
invalid by a court of competent jurisdiction, the remaining portions
of the article shall remain in effect.
The provisions of this article shall become effective 30 days
after the Town Council's passage.
