[HISTORY: Adopted by the Town Meeting of the Town of Dartmouth 6-5-2018 by Art. 27, approved 9-10-2018. Amendments noted where applicable.]
Each of the following terms as used in this Chapter are defined as follows. Any terms that have not been defined specifically herein shall have their normal English meanings, unless the context indicates otherwise.
- BULK ITEMS
- Any Merchandise, including, without limitation, fruits, vegetables, nuts, grains, candy and hardware, that is not pre-packaged and for which the determination of how many units are to be packaged and sold together is left to the customer.
- shall mean any goods, articles, products and food, including prepared food, which are sold directly to customers.
- shall mean any person, corporate entity, partnership or other public or private legal entity that sells Merchandise directly to customers. All Merchant Locations that operate under the same corporate brand, and regardless of whether they are franchised or otherwise separately owned, operated or managed, shall be considered the same Merchant.
- MERCHANT LOCATION
- shall mean any retail, wholesale or restaurant location at which Merchandise is sold directly to customers.
- THIN-FILM PLASTIC BAG
- shall mean plastic bags that have a thickness of less than 1.0 mils.
This Chapter shall apply to any Merchant that operates a Merchant Location within the Town within a building that has a gross floor area, exclusive of any outdoor retail and dining space, of at least 5,000 square feet.
The use, distribution and sale of Thin-Film Plastic Bags by Merchants for the following purposes is prohibited:
For the bagging of purchased Merchandise at the point of sale or checkout, and regardless of whether the Thin-Film Plastic Bags were provided to the customer at a different location within the Merchant Location;
For the delivery of purchased Merchandise to customers off site from the Merchant Location.
The following uses of Thin-Film Plastic Bags by Merchants are specifically not prohibited:
The stocking and offering for sale of Merchandise that is pre-packaged in Thin-Film Plastic Bags by the manufacturer or wholesale distributer from which the Merchant obtained said goods; and
The packaging or wrapping of any of the following Merchandise in Thin-Film Plastic Bags, prior to the point of sale or checkout, by either the customer or the Merchant:
This Chapter shall enter into effect, and be enforceable against Merchants, one year from the date on which it is approved by the Attorney General.
Enforcing agents. Each violation of this Chapter shall be enforced by any officer or employee of the Department of Public Works, and by the Town Administrator and his authorized designees.
Penalties. A fine of $200 shall be imposed for each violation of the provisions of this Chapter, which fine shall be enforced through the noncriminal method of disposition as provided by Massachusetts General Laws, Chapter 40, Section 21D. Each day of a continuing violation shall be considered a separate violation.
Responsible parties. When the offending Merchant is not a person, this Chapter shall be enforceable against any and all individual owners, partners, operators and managers of the Merchant Location at which the violation occurred.