[Adopted 10-15-2018 ATM
by Art. 23]
This bylaw is enacted for the purpose of eliminating the distribution
of single-use plastic straws and stirrers by all business establishments
in the Town of Chelmsford, except upon request. The production and
use of single-use plastic straws and stirrers have significant impacts
on the environment, including, but not limited to: contributing to
pollution of the land environment; creating a burden to solid waste
collection and recycling facilities; entering storm drains that lead
to waterways leading to the ocean causing the potential death of marine
animals through ingestion; and requiring the use of millions of barrels
of crude oil nationally for their manufacture.
Means the following businesses as defined in § 195-108 of the Chelmsford Zoning Bylaw: a retail store; supermarket; general department store; restaurant; and take-out restaurant, serving liquid, slurry, frozen, semi-frozen, or other forms of beverages to the public for consumption, not including nursing homes or nursing care or assisted living facilities or doctors or nurses or emergency medical technicians providing straws to patients.
Means any event organized or sponsored by the Town of Chelmsford
or any department of the Town of Chelmsford.
Means a tube made predominantly of plastic derived from either
petroleum or a biologically based polymer, such as corn or other plant
sources, for transferring a beverage from its container to the mouth
of the drinker. "Plastic beverage straw" includes compostable and
biodegradable petroleum or biologically based polymer straws, but
does not include straws that are made from nonplastic materials, such
as, but not limited to, paper, sugar cane, and bamboo.
Means a device that is used to mix beverages, intended for
only one-time use, and made predominantly of plastic derived from
either petroleum or a biologically based polymer, such as corn or
other plant source. "Plastic stirrer" includes compostable and biodegradable
petroleum or biologically based polymer stirrers, but does not include
stirrers that are made from nonplastic materials, such as, but not
limited to, paper, sugar cane, and bamboo.
A.
Effective July 1, 2019, plastic beverage straws and plastic stirrers
shall not be used or dispensed or sold except upon request in conjunction
with the serving by business establishments or at any town-sponsored
event of liquid, slurry, frozen, semi-frozen, or other forms of beverages
to the public for consumption.
B.
Nothing in this bylaw prohibits the sale of plastic straws by supermarkets
and general department stores in packages not in conjunction with
the service of liquid, slurry, frozen, semi-frozen, or other forms
of beverages to the public for consumption.
C.
Nothing in this bylaw prohibits customers from using their own straws
of any material for personal use in any business establishment.
A.
The Board of Health or its designee is hereby designated and authorized
as the officer charged with the enforcement of this bylaw.
B.
Penalty for violation.
(1)
Whoever violates any provision of this bylaw shall be punished
as follows: first offense: $100; second offense: $200; third and subsequent
offenses: $300 for each offense.
(2)
Offenses occurring within two years of the date of first reported
offense will be considered as subsequent offenses. Each day or portion
thereof shall constitute a separate offense. Nothing contained herein
shall preclude the Board of Health from seeking equitable relief to
enforce this bylaw.
C.
Noncriminal disposition. In addition to the procedure for enforcement
as described above, the provisions of this bylaw may also be enforced
by noncriminal disposition, as provided in Massachusetts General Laws,
Chapter 40, § 21D. The penalty for such violation shall
be $25 for the first offense, $50 for the second offense, and $100
for the third and each subsequent offense.
D.
Hearing to suspend or revoke food service permit. 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 business establishment failing to comply with this
bylaw.
