Sec. 12-10. - Retail plastic bag reduction.

(a)

Purpose. The purpose of this section is to reduce the number of plastic checkout bags used by retail establishments in the city, curb litter in the streets, protect marine environment, waterways, reduce greenhouse gas emissions, and solid waste and by encouraging the use of reusable bags by retail establishments. The production, use and disposal of plastic checkout bags have significant adverse impacts on the environment. The city desires to conserve resources, reduce greenhouse gas emissions, waste, and marine pollution, and to protect the public health and welfare of its residents. Plastic bags contribute to a significant burden on the city's solid waste disposal and single stream recycling systems.

(b)

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

(1)

Check out bag means any carryout bag provided by a store to a customer at the point of sale or the point of delivery. Checkout bags shall not include:

a.

Bags, whether plastic or not, in which loose produce or products are placed by a consumer to deliver such items to the point of sale or check-out area of a retail establishment; or

b.

Laundry or dry-cleaner bags; or

c.

Newspaper bags; or

d.

Bags used to contain or wrap frozen foods, meat or fish, whether prepackaged or not, to prevent or contain moisture.

(2)

Recyclable paper bag means a paper bag that is 100 percent recyclable including the handles, contains at least 40 percent post-consumer paper content, and displays the words "recyclable" and "made from 40 percent post-consumer recycled content (or other applicable amount) in a visible manner on the outside of the bag.

(3)

Retail establishment means any person, corporation, partnership, business venture, or vendor that sells or provides merchandise, goods, or materials directly to a customer, whether for or not for profit, including, but not limited to restaurants pharmacies, convenience and grocery stores, liquor stores, seasonable and temporary businesses, jewelry stores, and household goods stores. "Retail establishment" does not include sales by residents at their homes.

(4)

Reusable bag means a bag specifically designed and manufactured for multiple reuse, with handles which are stitched and not heat-fused. The bag shall not be made of any non-recycled plastic.

(c)

Requirements.

(1)

If any retail establishment provides a checkout bag to customers, the bag shall comply with the requirements of being a reusable bag or a recyclable paper bag.

(2)

The city clerk may promulgate rules and regulations to implement this section.

(d)

Education, outreach, and enforcement.

(1)

This section shall be implemented, administered and enforced by the city clerk or any other city department or division designated by the city. In order to ensure that this section is properly implemented and enforced, and to ensure that residents and local businesses are properly informed of the provisions of this section, the city clerk shall make reasonable good faith efforts to create a public education and outreach program in collaboration with Central Falls Public Schools, the Adams Library, community organizations, business stakeholders, environmental advocacy organizations, and other entities such as but not limited to Rhode Island Resource Recovery Corporation and the city's private waste hauler.

(2)

If it is determined that a violation has occurred the city shall issue a warning notice to the retail establishment for the initial violation.

(3)

If an additional violation of this article has occurred within one year after a warning notice has been issued for an initial violation, the city shall issue a notice of violation and shall impose a penalty against the retail establishment.

(4)

The penalty for each violation that occurs after the issuance of the warning notice shall be no more than:

a.

Fifty dollars for the first offense; and

b.

One hundred dollars for the second offense and all subsequent offenses.

Payment of such fines may be enforced through civil action in the municipal court.

(e)

Exempt retail establishments.

(1)

The city clerk may exempt a retail establishment from the requirements of this chapter for a period of one year upon a finding by the city clerk that the requirements of this chapter would cause undue hardship to a retail establishment. An "undue hardship" shall be found only in:

a.

Circumstances or situations unique to the particular retail establishment such that there are no reasonable alternatives to bags that are not recyclable paper bags, compostable plastic bags or reusable bags; or

b.

Circumstances or situations unique to the retail establishment such that compliance with the requirements of this chapter would deprive a person of a legally protected right; or

c.

Circumstances where a retail establishment requires additional time in order to draw down an existing inventory of single-use plastic check out bags.

Any retail establishment receiving an exemption shall file with the chief monthly reports on inventory reduction and remaining stocks.

(2)

Retail establishments shall apply for an exemption to the city clerk using forms provided by the city clerk, and shall allow the city clerk, or his or her designee, access to all information supporting its application.

(3)

The city clerk may approve the exemption request, in whole or in part, with or without conditions.

(4)

The city clerk, by regulation, may establish a fee for exemption requests.

(Ord. of 1-13-2020(1), § 1)