[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:
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;
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.
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.