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Sec. 22-350. - Legislative findings and intent.#
The town council of the Town of Jamestown has the authority under Article 13 of the Rhode Island Constitution and the Jamestown Town Charter to regulate issues of solid waste, litter and pollution as a local concern.
The production, use and disposal of plastic checkout bags, which are commonly not recycled, has been shown to have significant detrimental impacts on the environment, including but not limited to contributing to pollution of the terrestrial and coastal environment, clogging storm water drainage systems, and contributing to the injury and death of terrestrial and marine life through ingestion and entanglement.
The manufacture, transport and recycling of plastic checkout bags requires substantial energy consumption and contributes to greenhouse gases.
Plastic checkout bags create a burden to solid waste collection and recycling facilities.
Prohibiting the use of plastic checkout bags is necessary to protect the environment and the public health, safety, and welfare of all residents and visitors.
(Ord. of 9-18-2017, § 1(Exh. A))
Sec. 22-351. - Purpose.#
The purpose of the article is to improve the environment in and around Town of Jamestown, Rhode Island and the health, safety, and welfare of its residents by reducing the number of plastic and paper bags being used, encouraging the use and sale of reusable checkout bags and banning the use of plastic bags for retail checkout of goods.
(Ord. of 9-18-2017, § 1(Exh. A))
Sec. 22-352. - Definitions.#
As used in the article, the following terms shall have the meanings indicated:
Business establishment means any commercial enterprise that provides carryout bags to its customers, including sole proprietorships, joint ventures, partnerships, corporations, or any other legal entity, and includes all employees of the business and any independent contractors associated with the business. "Business establishment" does not include sales of goods at yard sales, tag sales, other sales by residents at their homes, and sales by nonprofit organizations.
Carryout bag means a bag provided by a business establishment to a customer, typically at the point of sale, for the purpose of transporting purchases.
Double-opening plastic bags means any thin plastic bag with a double opening (top and bottom) to protect clothing or other items for transport.
Plastic barrier bag means any thin plastic bag with a single opening used to: • Transport fruit, vegetables, nuts, grains, small hardware items, or other items selected by customers to the point of sale;
• Contain or wrap fresh or frozen foods, meat, or fish, whether prepackaged or not;
• Contain or wrap flowers, potted plants, or other items where damage to a good or contamination of other goods placed together in the same bag may be a problem; or
• Contain unwrapped prepared foods or bakery goods.
Plastic carryout bag means any plastic carry-out bag that is provided by a business establishment to a customer, typically at the point of sale, for the purpose of transporting purchases. "Plastic carryout bag" does not include plastic barrier bags or double-opening plastic bags, as defined herein, or plastic bags measuring larger than 28 inches by 36 inches, or plastic bags four mils or more in thickness.
Recyclable paper bag means a paper bag that is fully recyclable overall and contains a minimum of 40 percent post-consumer recycled content and contains no old growth fiber. The bag should display the words "reusable" and "recyclable" or other marking in compliance with the Federal Trade Commission (FTC) Part 260 Guides for the Use of Environmental Marketing Claims or as amended.
Reusable bag means a bag with handles that is specifically designed and manufactured for multiple reuse and is made primarily of cloth or other nonwoven textile or is constructed of multiple layers for insulation.
(Ord. of 9-18-2017, § 1(Exh. A))
Sec. 22-353. - Prohibited acts.#
No business establishment shall provide or make available any plastic carryout bag at the point of sale.
All business establishments that provide plastic barrier bags or double opening bags shall offer a recycling opportunity onsite for the recycling of any plastic bags or clean plastic bag film as defined by the Rhode Island Resource Recovery Corporation restore program.
Nothing in this section shall preclude business establishments from making reusable bags or recyclable paper bags available for sale to customers, by sale or otherwise.
(Ord. of 9-18-2017, § 1(Exh. A))
Sec. 22-354. - Exemptions.#
This article does not apply to: • Laundry dry cleaning bags, door-hanger bags, newspaper bags, or packages of multiple bags intended for use as garbage, pet waste, or yard waste;
• Bags provided by pharmacists or veterinarians to contain prescription drugs or other medical necessities, provided that the bags are recyclable within the state's recycling program; and
• Plastic barrier bags, double opening plastic bags and bags used by a consumer inside a business establishment to: (1)
Contain bulk items, such as produce, nuts, grains, candy, or small hardware items;
(2)
Contain or wrap frozen foods, meat, or fish, whether or not prepackaged;
(3)
Contain or wrap flowers, potted plants or other items to prevent moisture damage to other purchases;
(4)
Contain unwrapped prepared foods or bakery goods; or
(5)
Bags used by a non-profit corporation or other hunger relief charity to distribute food, grocery products, clothing, or other household items.
(Ord. of 9-18-2017, § 1(Exh. A))
Sec. 22-355. - Enforcement; violations and penalties.#
This article shall be enforced by the Jamestown Police Department, or any other town department authorized by statute, ordinance or regulation. Any person who violates any of the provisions of this article shall be subject to the following penalties:
The Jamestown Police Department, or other duly authorized enforcement officer, shall serve notice upon any business owner alleged to have violated the provisions of this article by certified letter stating in specificity which provision(s) that the business is in violation of and that such violation(s) must cease within 14 days after the service of said notice. Each day following the notice shall constitute a separate offense and a fine of $150.00 per day shall be imposed.
(Ord. of 9-18-2017, § 1(Exh. A))
Sec. 22-356. - Hardship variance.#
The town administrator may grant a variance from the requirements of this article only after determining that: • Application of this article would cause undue hardship based upon unique circumstances; or,
• Application of this article would deprive a person or business of a legally protected right.
The requested variance shall be submitted on the town's prescribed forms.
Any variance granted under this section must be the minimum variance necessary to address the hardship.
The administrator shall prepare a written report of findings to support the grant or denial of the variance and copy the decision to the town clerk and town council.
(Ord. of 9-18-2017, § 1(Exh. A))
Sec. 22-357. - Effective date.#
This article shall become effective on April 22, 2018.
(Ord. of 9-18-2017, § 1(Exh. A))