[HISTORY: Adopted by the Town Council of the Town of Westerly 4-22-2019 by Ch. No. 1954. Amendments noted where applicable.]
Single-use plastic bags are often discarded into the environment,
which ends up polluting our waterways, oceans, streams, lakes, ponds,
endangering marine life and causing unsightly litter, and getting
trapped in our sewer systems. It can take up to 20 years for a plastic
bag to decompose. It has been determined that plastic bags pose a
risk to the environment, particularly to wildlife and marine animals
so as to constitute a public nuisance.
The following words, terms and phrases, when used in this ordinance,
shall have the following meanings:
A thin film plastic bag of a thickness less than four mils
with handles provided to a customer by an establishment and is used
to transport merchandise from said establishment. Carryout bags do
not include bags without handles used to contain dry cleaning, newspapers,
small bags to contain fish, meats, produce or other products selected
by the consumer to deliver items to the point of sale.
Any thin plastic bag with a double opening (top and bottom)
to protect clothing or other items for transport.
Any business selling goods, articles, or personal services
to the public, including restaurants.
Any thin plastic bag with a single opening used to:
Transport fruit, vegetables, nuts, grains, small hardware items
or other items selected by customers to the point of sale.
Contain or wrap flowers, potted plants, or other items where
damage to the good or contamination of other goods placed together
in the same bag may be a problem.
Contain or wrap fresh or frozen foods, meat(s) or fish, whether
prepackaged or not.
Contain unwrapped prepared foods or bakery goods.
Provide protection for newspapers and other printed material
delivered to consumers.
A bag that is:
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmers markets, flea
markets and restaurants. The term "retail sales" does not include
the sale of goods at yard sales, tag sales, garage sales, other sales
by residents at their home, and sales by nonprofit organizations.
A reusable bag must meet all the following requirements:
Is made solely of or in a combination of natural cloths, synthetic
fibers, other washable material or of a nontoxic plastic as defined
by applicable state and federal guidelines that is no less than four
mils thick and has the work "reusable" or "reuse" or the recycle symbol
of a triangle printed on the outside of the bag in a visible manner.
Is specifically designed and manufactured for multiple reuse
and has handles which are stitched and not heat infused.
A plastic bag used by the customer at the point of sale for
the purpose of removing products purchased from a business establishment.
Single-use plastic carryout bags shall include any plastic bag except
plastic barrier bags, double-opening plastic bags, plastic bags measuring
larger than 28 inches by 36 inches; or plastic bags four mils or more
in thickness.
A.Â
Any person engaged in retail sales shall provide only reusable bags
and/or recyclable paper bags as checkout bags to customers.
B.Â
No retail sales establishment shall make available any plastic checkout
bags at the point of sale, not including plastic barrier bags or double-opening
plastic bags.
C.Â
Retail sales establishments will be able to make reusable bags available
for sale to the customers.
D.Â
No business establishment shall provide or sell a single-use plastic
carryout bag.
A.Â
Door hanger bags.
B.Â
Newspaper bags.
C.Â
Pet waste bags.
D.Â
Garbage bags.
E.Â
Yard waste bags.
F.Â
Prescription drug bags.
G.Â
Bags to carry fruits, vegetables, meat, cold cuts, fish, flowers
or potted plants.
H.Â
Double-opening bags to protect clothing.
I.Â
Laundry dry-cleaning bags.
J.Â
Retailers that provide such bags must also provide on-site recycling
waste receptacles.
A.Â
The Town will inform the general public about the initiatives encouraging
the use of reusable checkout bags with a support program and education.
B.Â
There shall be a period of public education and information from
the date of the passage of this chapter to the effective date of this
chapter, December 31, 2019. Beginning January 1, 2020, those persons
or establishments found to be in violation shall be notified by the
Town's Representative in writing and given 14 days to gain compliance.
Each person or business that fails to comply within 14 days of the
date of the written notice, shall be sent a written order to cease
the conduct in violation of this chapter. Said notice shall be sent
to the business owner or manager or may be served upon a business
as registered agent for service.
[Amended 7-8-2019 by Ch. No. 1966]
C.Â
Each violation of this chapter shall be subject to a fine of not
more than $300. Each day of noncompliance with this chapter shall
constitute a separate offense.
D.Â
For any violation of the provision of this chapter, the Town Council
may revoke any municipally issued license granted to the establishment.
Appeals shall be in accordance with the appeal procedures for
the Town of Westerly Municipal Court.
A.Â
Upon application, the Town Council may grant a variance from the
literal requirements of this chapter only after determining that:
B.Â
The requested variance shall be submitted in writing to the Town
according to the Town's prescribed procedures.
C.Â
Any variance granted under this chapter must be the minimum variance
necessary to address the hardship.
