[Adopted 10-24-2019 ATM by Art. 32]
This bylaw is enacted for the purpose of eliminating the use
of thin film single-use plastic bags by all business establishments
in the Town of Chelmsford. The production and use of thin film single-use
plastic checkout bags 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; clogging storm drainage systems; causing the potential
death of marine animals through ingestion and entanglement; and requiring
the use of millions of barrels of crude oil nationally for their manufacture.
The following business uses as defined in § 195-108 of the Chelmsford Zoning Bylaw: a retail store; supermarket and general department store; restaurant; and take-out retail.
A bag, with handles, that is specifically designed for multiple
use and is made of thick plastic, cloth, fabric or other durable materials.
Bags, typically with plastic handles, with a thickness of
4.0 mils or less and which are intended for single-use transport of
purchased products purchased at a business establishment.
A.
Effective July 1, 2020, thin film single-use plastic bags shall not
be distributed, provided, or sold for checkout or other purposes at
any business establishment within the Town of Chelmsford.
B.
Thin film plastic bags used to contain dry cleaning, newspapers,
produce, meat, bulk foods and other similar merchandise, typically
without handles, are permissible.
C.
Customers are encouraged to bring their own reusable bags to stores.
Business establishments are encouraged to provide reusable thick plastic,
paper, fabric, or other types of bags.
A.
The Inspector of Buildings or his designee is hereby designated and
authorized as the officer charged with the enforcement of this bylaw.
B.
Penalty for violation. Whoever violates any provision of this bylaw
shall be punished by a fine not exceeding $100 for each offense. Nothing
contained herein shall preclude the Building Inspector 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 MGL c. 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.
