[Ord. No. 2022-12, 12/19/2022]
1. 
Purpose. The purposes of this Part include:
A. 
To reduce the use of single-use plastic bags by retail establishments within the Borough.
B. 
To curb litter on the streets, in the parks, and in the trees; to protect the local streams, rivers, waterways and other aquatic environments; to reduce solid waste generation; to reduce greenhouse gas emissions; to promote the use of reusable, compostable, and recyclable materials within the Borough; and to preserve the natural, scenic, historic, and esthetic character of the Borough.
2. 
Findings.
A. 
Numerous commercial establishments within the Borough provide single-use plastic bags to their customers.
B. 
The use of single-use plastic bags has severe environmental impacts, including litter, harm to wildlife, greenhouse gas emissions, ground level ozone formation, atmospheric acidification, water consumption, and solid waste generation.
C. 
Single-use plastic bags do not readily decompose. This includes plastic bags made of biologically based polylactic acid (PLA) polymer plastic bags.
D. 
Given the difficulty of recycling these materials, such bags are not curbside recyclable and only a small percentage of plastic bags are returned for recycling.
E. 
Numerous studies have documented the prevalence of single-use plastic bags littering the environment, blocking storm drains, entering local waterways, and becoming stuck in or upon natural resources and public property nationwide, and single-use plastic bags are often improperly discarded within the Borough.
F. 
An important goal of the Borough is to preserve the natural, scenic, historic, and esthetic values of the Borough consistent with the rights preserved in Article I, Section 27, of the Pennsylvania Constitution.
G. 
To enhance the quality of life for the Borough's residents and visitors, the Borough seeks to reduce waste, litter, and water pollution; protect public health and welfare; and conserve and protect natural resources including wildlife.
H. 
The Borough wishes to encourage the use of sustainable products and services.
I. 
The taxpayers of the Borough pay the costs related to the cleanup of single-use plastic bags from the roadways, trees, sewers, waterways, and parks within the Borough.
J. 
Recyclers cite single-use plastic bags as a major source of contamination within the recycling stream; these bags damage recycling machines and thus increase costs and decrease efficiency.
K. 
There are several alternatives to single-use plastic bags that are readily available to the Borough's businesses and their customers.
L. 
From an environmental and economic perspective, the best alternative to single-use plastic bags is shifting to reusable bags followed by compostable or recyclable paper bags.
M. 
Studies have documented that placing a prohibition on the distribution of single-use plastic bags at the point of sale encourages the use of reusable bags and reduces plastic litter and the use of single-use bags.
[Ord. No. 2022-12, 12/19/2022]
For the purposes of this Part, the following definitions shall apply unless the context clearly requires otherwise:
BOROUGH
The Borough of Doylestown.
CUSTOMER
Any person purchasing goods or services from a retail establishment.
EFFECTIVE DATE
The effective date of the ordinance that added this Part to the Doylestown Borough Code.
EXEMPTED BAG
Shall include:
1. 
A bag used to package bulk items such as fruit, vegetables, nuts, grains, or candy;
2. 
A bag used to contain or wrap meats or fish; to contain unwrapped prepared foods or bakery goods;
3. 
A bag used solely to contain live animals, such as fish or insects sold in a pet store;
4. 
A bag sold in packaging containing multiple bags and packaged at the time of manufacture of the bag;
5. 
Laundry or dry-cleaning bags;
6. 
Newspaper bags; and
7. 
Non-handled bags used to protect a purchased item from damaging or contaminating other purchased items when placed in a reusable bag or recycled paper bag.
IMPLEMENTATION DATE
One hundred eighty calendar days after the effective date.
PLASTIC
A synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal, including material derived from either petrochemicals or a biologically based polymer, such as corn or other plant sources.
RECYCLED PAPER BAG
A paper bag that meets the following, but not including an exempted bag:
1. 
Contains no old-growth fiber;
2. 
Contains a minimum of 40% post-consumer recycled content; and
3. 
Is labeled or can be identified as such in a form satisfactory to the Code Enforcement Officer with the name of the manufacturer and the percentage of post-consumer recycled content.
RETAIL ESTABLISHMENT
Any person, corporation, partnership, business venture, or vendor that sells or provides food, merchandise, goods, or materials for direct sale or delivery to a customer, whether or not for profit, including, but not limited to: restaurants (eat-in and/or take-out food), food trucks, farmers' markets, bars, pharmacies, convenience and grocery stores, seasonal and temporary businesses or markets, service stations, delicatessens, retail stores, delivery services, or other similar nonresidential uses (not including drycleaners). For purposes of this Part, retail establishments shall also include public and private events on public property as defined in the Borough of Doylestown Code of Ordinances Chapter 13, Licenses, Permits, and General Business Regulations, Part 2, Public Events and Gatherings.
REUSABLE BAG
A bag with handles that is specifically designed and manufactured for multiple uses and is:
1. 
Made of cloth or other machine-washable fabric that has stitched handles; or
2. 
A polypropylene bag that has stitched handles.
SINGLE-USE PLASTIC BAG
A bag that is manufactured from plastic using a blown-film extrusion process, but not including an exempted bag.
[Ord. No. 2022-12, 12/19/2022]
1. 
Single-Use Plastic Bags.
A. 
Beginning on the implementation date, retail establishments are prohibited from providing a single-use plastic bag to a customer at the retail establishment or through a delivery.
2. 
Single-Use Paper Bags.
A. 
Beginning on the implementation date, retail establishments are prohibited from providing a non-recycled paper bag to a customer at the retail establishment or through a delivery.
3. 
Reusable Bags.
A. 
A retail establishment may provide a consumer a reusable bag at the point of sale.
[Ord. No. 2022-12, 12/19/2022]
1. 
Beginning 120 days after the effective date of this Part, and for at least 60 days beyond the implementation date, retail establishments are required to post at all points of sale conspicuous signage that:
A. 
Informs customers that single-use plastic bags and non-recycled paper bags will no longer be provided by the establishment as of the date the prohibition begins;
B. 
Explains what types of bags and purchases are impacted; and
C. 
Provides other information the Borough may require by regulation, if applicable.
[Ord. No. 2022-12, 12/19/2022]
1. 
The Borough Code Enforcement Officer, and any other persons appointed by the Borough Manager, shall have the authority to take necessary actions to enforce the provisions of this Part, including conducting any inspections, issuing citations, and pursuing prosecutions.
2. 
If it is determined that a violation has occurred, the designated Code Enforcement Official shall issue notice to the commercial establishment. Notice shall include the applicable ordinance sections and a description of what must be remedied and must specify a reasonable time frame for compliance, which shall be no less than seven days from the date of the notice. Notice shall be hand delivered to the establishment and sent via certified mail.
3. 
Any establishment who shall violate any provision of this Part 14 shall, upon conviction thereof, be sentenced to pay a fine in accordance with the schedule specified in Subsection 4. Every day that a violation of this Part 14 continues shall constitute a separate offense.
4. 
The penalty for each violation that occurs after the notice shall be a fine of no more than:
A. 
For the first violation: $50.
B. 
For the second violation in the same year dating from the first violation: $100.
C. 
For the third and each subsequent violation in the same year dating from the first violation: $200.
5. 
In addition to the penalties set forth in this Part, the Borough may seek legal, injunctive, or other equitable relief to enforce this Part.
[Ord. No. 2022-12, 12/19/2022]
1. 
The Borough Manager or designee may extend the implementation date for retail establishments who can reasonably demonstrate that existing inventory of single-use plastic bags or single-use paper bags has not been depleted. Extensions and extension renewals shall be subject to the following conditions and procedures:
A. 
Only retail establishments existing within Doylestown Borough as of the effective date of this Part may be granted an extension.
B. 
Extensions shall not exceed a period of 180 days and may be renewed no more than one additional period.
C. 
Extension renewal requests shall be subject to the conditions and procedures set forth for extensions.
D. 
Requests shall be made in writing no later than 30 days prior to the implementation date or extension thereof.
E. 
Requests shall be accompanied by or include the following:
(1) 
Order date and quantity of each type and size of bag for which extension is requested; and
(2) 
Approximate quantity remaining of each type and size of bag for which extension is requested; and
(3) 
One bag of each type and size for which extension is requested; and
(4) 
Anticipated amount of time necessary to deplete remaining inventory at the time of the request.