[Adopted 5-24-2019 by Ord. No. 2753]
Plastic bags often are discarded into the environment and end
up polluting our waterways, clogging sewers, endangering marine life
and causing unsightly litter. These bags last hundreds of years in
landfills and are a potential source of harmful chemicals when they
do break down. They are made of nonrenewable energy resources that
are better conserved for other uses. The purpose of this article is
not to facilitate a shift to paper bags, but to encourage consumers
to use reusable bags.
The Town of Windham is committed to reducing bag waste to protect
and preserve the environment in Windham for the benefit and welfare
of its residents by encouraging the use of reusable checkout bags
and by banning the use of plastic bags used at retail checkout of
purchased goods. The Town of Windham encourages business to make reusable
bags available for such purposes.
As used in this article, the following terms shall have the
meanings indicated:
An entity that sells or provides, at retail sale, merchandise,
goods, or materials, including but not limited to: clothing; food;
personal items of any kind, directly to consumers and includes, by
way of example and not limitation: grocery stores; department stores;
hardware stores; pharmacies; liquor stores; restaurants; catering
trucks; temporary vendors such as farmers' markets; street fairs;
and convenience stores.
A carryout bag with or without handles provided by a business
to a customer at the point of sale that is intended for the purpose
of transporting food or merchandise out of the business. The term
"checkout bag" does not include product bag.
The Town of Windham Director of Code Enforcement and/or his
designee.
A checkout bag that is less than 12 mil thick that is made
of plastic derived from fossil fuels or from a genetically modified
organism bio-based source (such as corn or plant sources), which is
provided at checkout to transport items purchased or provided by a
business establishment.
A single-use plastic or paper noncheckout bag to include,
but not limited to, newspaper bags, door-hanger bags, laundry dry
cleaning bags, bags sold in packages containing multiple bags intended
for use as garbage, pet waste bags, yard waste bags, and bags that
are used by consumers inside stores to: package bulk items such as
fruit, vegetables, mushrooms, nuts, grains, candy; contain or wrap
frozen foods, meat, or fish, whether packaged or not; contain or wrap
flowers, potted plants or other items where dampness may be a problem;
contain unwrapped prepared foods or bakery goods; contain pharmacy
prescriptions; or safeguard public health during the transportation
of hospital waste.
A bag that is 100% recyclable and contains no old growth
fiber and a minimum of 40% post-consumer recycled content.
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
sales of goods at yard sales, tag sales, or other sales by residents
at their home.
A bag with handles that is specifically designed and manufactured
for multiple reuses and is made of cloth or other washable fabric.
A reusable checkout bag may be recyclable or compostable and must
be specifically designed and manufactured for at least 100 reuses.
(a)
A business may provide or sell to a consumer one or more recyclable
paper bags for a fee of no less than $0.10 per bag.
(b)
A business may provide or sell to a consumer one or more reusable
checkout bags, but not for less than the price the business charges
for a recyclable paper bag.
(c)
Nothing in this article shall prohibit a business from implementing
consumer incentives to use reusable checkout bags. A business may
use credits or rebates for consumers that bring their own checkout
bags for the purpose of carrying away food or merchandise.
(d)
Nothing in this article shall prohibit a consumer from using at the
point of checkout bags or containers, of any type, that they bring
to a business, but do not store there, for the purpose of such consumer's
carrying away food or merchandise.
(a)
Whenever the Enforcement Officer believes that a violation of this article may exist, the Enforcement Officer shall investigate and verify the noncompliance. If the Enforcement Officer verifies the noncompliance, he or she shall enforce the article according to Subsections (b) and (c) of this section.
(b)
The Enforcement Officer shall provide written notice to any person(s) engaged in retail sales that violates this article. The notice of violation shall state the violation and the date by which said violation shall be remedied. Upon the failure to remedy the violation or commence corrective action to the satisfaction of the Enforcement Officer within the time specified in the notice, the Enforcement Officer shall issue a citation as provided for in Subsection (c) of this section. Repeat offenders shall be issued additional citations without first receiving a notice of violation. Additional citations shall be issued no more frequently than 90 days following a prior citation.
(c)
The citation issued pursuant to Subsection (b) above shall substantially state:
(1)
A description of the violation;
(2)
The applicable fine plus such other penalties, costs and/or
fees due for the violation(s);
(3)
That after four days from the date of the citation, each day
thereafter that the violator has not sent notification of compliance
to the Enforcement Officer shall constitute a separate violation and
shall be subject to an additional fine of $150;
(4)
That the uncontested payment of such fine(s), penalties, costs
and/or fees shall be made within 10 days of the date of the citation;
(5)
That such person may contest the liability before a citation
hearing officer by delivering in person or by mail within 10 days
of the date of the citation a written demand for a hearing pursuant
to the Town of Windham Hearing Citation Ordinance;[1]
(6)
That if such a hearing is not demanded, it shall be deemed an
admission of liability and an assessment and judgment shall be entered
against the person, and that such judgment may issue without further
notice.
(d)
Any notice of violation or citation issued hereunder shall be sent
to the person(s) named in the citation by certified mail, return receipt
requested.
(e)
Once a written demand for a hearing has been received by the Enforcement
Officer, no additional citations shall be issued for the violation,
and the running of daily fines shall be tolled until after the conclusion
of the hearing process.
(f)
The person(s) to whom a citation has been issued shall report to
the Enforcement Officer, in writing, compliance with the notice and/or
the citation.
(g)
Nothing herein shall be deemed or construed to limit the authority
of the Town of Windham to enforce law, regulation or statute.
This article shall become effective six months after the date
of publication.
In the event that compliance with the effective date of this
article is not feasible for a small retail establishment because of
economic hardship, the Town Manager may grant a waiver of not more
than six months upon application of the owner or the owner's representative.
