[Adopted 10-10-2018 STM
by Art. 16, approved 5-8-2019]
[Amended 6-25-2020 ATM by Art. 72, approved 10-27-2020; 6-5-2021 ATM by Art. 75, approved 10-7-2021]
A. It shall
be unlawful to sell, distribute or commercially use the following
single-use petroleum-based plastic products in the Town and County
of Nantucket on or after June 1, 2020:
(1) Straws and drink stirrers;
(2) Flexible can and bottle yokes;
(4) Plates, bowls and eating utensils;
(5) Drinking water in plastic or nonrecylable containers of one liter
(34 ounces) or less; and
(6) Single-use, nonrecyclable beverage pods.
B. It shall be unlawful to sell, distribute or commercially use the
following single-use petroleum-based plastic products in the Town
and County of Nantucket on or after June 1, 2022:
(1) Flushable wipes containing plastic fibers, cloth fibers and/or antibacterial
chemicals;
C. It shall be unlawful to sell, distribute or commercially use the
following single-use petroleum-based plastic products in the Town
and County of Nantucket on or after January 1, 2023: containers for
alcoholic beverages in less than or equal to 100 milliliters.
[Added 5-2-2022 ATM by Art. 69, approved 9-8-2022]
Enforcement of this bylaw shall be the discretionary responsibility of the Town Manager or her/his designee. Police officers and health agents have the authority to enforce this bylaw. The Town Manager shall determine the inspection process to be followed, incorporating the process into other Town duties as appropriate. Any establishment conducting sales, distribution or otherwise engaging in the commercial use of the prohibited plastic products in violation of this bylaw shall be subject to a noncriminal disposition fine as specified in Article
II of Chapter
1 of the Code of the Town of Nantucket under MGL c. 40, § 21D. Any such fines shall be paid to the Town of Nantucket. Enforcement shall be through the process of noncriminal disposition under MGL c. 40, § 21D, and Article
II of Chapter
1 of the Code of the Town of Nantucket.
If the Town Manager determines that the cost of implementing
and enforcing this bylaw has become unreasonable, then the Town Manager
shall so advise the Select Board, and the Select Board shall conduct
a public hearing to inform the citizens of such costs. After the public
hearing, the Select Board may continue this bylaw in force or may
suspend it permanently or for such length of time as they may determine.
[Amended 6-5-2021 ATM by Art. 75, approved 10-7-2021]
The provisions of this bylaw are severable. If any part of this
bylaw should be held invalid by a court of competent jurisdiction,
such invalidity shall not affect the remainder of the bylaw, and the
remainder of the bylaw shall stay in full force and effect.