The text
Footnotes:
--- (1) --- Editor's note— Ch. 991, § 1, adopted Dec. 16, 2013, repealed the former Ch. 62, §§ 62-1—62-92, and enacted a new Ch. 62 as set out herein. The former Ch. 62 pertained to similar subject matter and derived from Ch. 973, § 1, 10-5-2012.
Cross reference— Animal waste, § 6-2; buildings and building regulations, ch. 10; cesspool and sewer cleaners, § 14-216 et seq.; environment, ch. 22; rubbish and garbage storage and disposal at rooming houses, § 34-159; utilities, ch. 78; littering on beaches, § 82-23.
State Law reference— Refuse disposal, G.L. 1956, § 23-18.9-1 et seq.; solid waste management corporation, G.L. 1956, § 23-19-1 et seq.; hazardous waste management, G.L. 1956, §§ 23-19.1-1 et seq., 23-19.7-1 et seq.; civil liability for landfill operator for damage by fire, G.L. 1956, § 2-12-20.
ARTICLE I. - IN GENERAL#
Sec. 62-1. - Purpose of chapter.#
In accordance with G.L. 1956, § 23-18.9-1, the town recognizes its responsibility to make provision for the safe and sanitary disposal of all refuse which is generated within its boundaries including refuse from residential, commercial and industrial sources. To effectively carry out the town's responsibility for refuse disposal, the town council does hereby adopt the following chapter governing the collection, hauling and disposal of refuse and recyclable materials within the town.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-2. - Definitions.#
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Commercial hauler means: (1)
A person or private contractor or subcontractor engaged in the collection and transportation of residential solid waste and/or recyclable materials generated by persons other than the contractor in the town or in those areas designated by the town council; and/or
(2)
A person or private contractor or subcontractor who collects nonresidential solid waste and/or recyclable materials which are generated at a place of business or which is a waste product of a trade or industry located within the Town of Narragansett.
Municipal solid waste means solid waste generated by the residents of the town in the course of their daily living. Municipal solid waste does not include solid waste generated by residents of a municipality in the course of their employment or that generated by any manufacturing or commercial enterprise.
Nonresidential solid waste means solid waste from agricultural, commercial, industrial or institutional activities or group of residential buildings consisting of five or more dwelling units on a single parcel of property.
Person means an individual, firm, partnership, association, and private or municipal corporation.
Recyclable material means those materials defined as such by the State Department of Environmental Management (RIDEM) and/or within the current solid waste and recycling services agreement between the Rhode Island Resource Recovery Corporation (RIRRC) and the town or by a third-party recycling company.
Recycling rate is defined as the total tons of residential recyclable materials divided by the sum of residential solid waste and residential recyclable materials.
Resident means any person whose principal place of residence is within the corporate limits of the town.
Residential recyclable materials means materials separated from municipal solid waste at the source for re-use as specified by RIDEM and/or the Rhode Island Resource Recovery Corporation (RIRRC) and as may be listed within the current solid waste and recycling services agreement between the RIRRC and the town. The materials to be included may change from time to time depending upon new technologies, economic conditions, waste stream characteristics, environmental effects or mutual agreement between the state and municipalities.
Residential solid waste or municipal waste means and shall be limited to the disposal of the following materials from residential properties with four or fewer dwelling units on a single lot: Garbage/rubbish including, but not limited to, food scraps; contaminated recyclables that cannot be cleaned; reasonable quantities of packaging and/or containers that cannot be recycled and which are generated by a typical family household in the course of its everyday living. The following waste shall not be considered "residential solid waste": Bulky waste, yard waste, furniture and building debris, and residential recyclable materials as defined by the Rhode Island Department of Environmental Management.
Residential subscription service collection means the process whereby private property owners of four dwelling units or less on a single lot contract with a commercial hauler for the collection, hauling, and disposal of solid waste and residential recyclables.
Residential user means any person who generates residential solid waste and recyclables at his/her place of residence and either delivers said waste and recyclables to the Rose Hill Regional Transfer Station or contracts with a refuse hauler for collection of said solid waste and recyclables.
Rose Hill Regional Transfer Station (RHRTS) means a facility located off Rose Hill Road in the Town of South Kingstown designated as an authorized collection depository for solid wastes and recyclable materials generated within the geographic boundaries of the town and other areas so designated by the town council where collection vehicles and other designated system users transfer solid waste and recyclable materials to haulage vehicles for transportation to a final disposal site outside of the town.
Solid waste means garbage, refuse and other discarded solid materials generated by residential, institutional, commercial, industrial and agricultural sources, but not including solids or dissolved material in domestic sewage or sewage sludge, nor hazardous waste as defined in the hazardous waste management act, G.L. 1956, § 23-19.1-4 et seq.
Source separation means the removal (by the generator) of recyclable materials from all other solid waste generated by the household.
Tipping fee means the charge per ton (2,000 pounds avoirdupois) for solid waste or recyclable materials delivered to the RHRTS or RIRRC by a residential user or commercial hauler.
Transfer station means a facility operated by or for a municipality whose purpose is the temporary storage and accumulation of municipal solid waste and recyclable materials prior to its transport to and disposal at a corporation landfill or other designated facility.
(Ch. 991, § 1, 12-16-2013; Ch. 1115, §§ 1—4, 10-2-2023)
Cross reference— Definitions generally, § 1-2.
Sec. 62-3. - Garbage and refuse.#
Trash containers provided and serviced by the town within public rights-of-way and public lands may be used by the public for the incidental disposal of waste generated in the immediate area of the container and not for the disposal of household or solid waste generated elsewhere.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-4. - Collection prohibited during certain hours.#
The collection of solid waste and recyclable materials within the town is hereby prohibited between the hours of 10:00 p.m. and 6:00 a.m. on any day of the week.
(Ch. 991, § 1, 12-16-2013; Ch. 1006, § 1, 1-5-2015)
Sec. 62-5. - Penalties for violation of chapter.#
(a)
Any person who violates any of the provisions of this chapter or the regulations enacted pursuant thereto shall, upon conviction, be punished as provided in section 1-14 of this Code.
(b)
Any person who violates any of the provisions of this chapter or the regulations enacted pursuant thereto shall become liable to the town for any expense, loss or damage occasioned the town by reason of such violation.
(Ch. 991, § 1, 12-16-2013)
Secs. 62-6—62-50. - Reserved.#
ARTICLE II. - COMMERCIAL HAULERS AND RESIDENTIAL USERS#
Sec. 62-51. - Licensing procedures.#
(a)
All commercial haulers who collect or transport residential and/or nonresidential solid waste and/or recyclable materials in the town shall be required to apply for and obtain an annual license from the Town of Narragansett, subject to the requirements of this chapter.
(b)
All fees, including but not limited to the annual license fee for a commercial hauler license, shall be set by town council resolution.
(c)
The license year shall be January 1 through December 31 of the same calendar year. Fees for licenses issued to new commercial haulers and obtained during the license period will be pro-rated proportionately. Pro-ration will begin no later than 30 days from initial application and fee due date.
(d)
Commercial haulers shall be deemed independent contractors and are not agents of the town.
(e)
All commercial haulers licensed by the town must provide recycling services to each and every residential customer as an integral part of their subscription service and must document to the public works director that each customer meets or exceeds town minimum recycling rates and further that each residential customer's recycling efforts, as defined in section 62-80 and elsewhere within this chapter, comply with residential recycling rules and regulations.
(f)
Prior to the issuance of a license by the town, a commercial hauler shall provide a written recycling plan to the public works director, for review and approval, which shall demonstrate that said hauler has the adequate equipment and operational capacity to collect recyclables from each and every residential customer on a regular basis.
(g)
All commercial haulers subcontracting collection services to another commercial hauler must provide written notification of such activity including full and complete disclosure of the principals of the subcontracting company and a complete list of all vehicles operated by said subcontractor. Subcontracting hauler shall only service customers verified on application of licensed commercial hauler. Service of additional customers by an unlicensed hauler shall constitute a violation of this chapter.
(Ch. 991, § 1, 12-16-2013; Ch. No. 1006, § 2, 1-5-2015)
Sec. 62-52. - Commercial hauler user fees.#
All licensed commercial haulers shall be liable and financially responsible for all tipping fees and charges associated with loads delivered to RIRRC.
(Ch. 991, § 1, 12-16-2013; Ch. No. 1006, § 2, 1-5-2015)
State Law reference— Authority to license commercial haulers, G.L. 1956, § 23-18.9-1(b)(1).
Cross reference— Businesses, ch. 14.
Sec. 62-53. - Residential users.#
(a)
Residential. All residential users that directly utilize the Rose Hill Regional Transfer Station may only discharge solid waste (as defined within section 62-2 herein) at said facility. Said discharge of solid waste shall be in accordance with the Rose Hill Regional Transfer Station rate schedule in effect at the time of disposal.
All residential users of the transfer station shall be required to recycle defined materials as a condition of use of this facility. Recyclable material types shall be determined by the RIDEM, RIRRC, and/or RHRTS.
(b)
Recycling center use. The recycling center at the Rose Hill Regional Transfer Station shall be open to any resident of South Kingstown or Narragansett.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-54. - Operation of vehicles transporting solid waste and/or recyclables.#
No person shall operate any vehicle upon a public highway of this town in which solid waste and/or recyclables are carried unless such materials are covered or properly secured to prevent the contents of the vehicle from falling off and littering the highway. Failure to properly cover or otherwise properly secure a vehicle load shall constitute a violation of this chapter.
(Ch. 991, § 1, 12-16-2013; Ch. No. 1006, § 2, 1-5-2015)
Secs. 62-55—62-75. - Reserved.#
ARTICLE III. - MANDATORY RECYCLING#
Footnotes:
--- (2) --- State Law reference— Waste recycling, G.L. 1956, § 23-18.8-1 et seq.
Sec. 62-76. - Implementation.#
There is hereby established a program for the mandatory separation of certain recyclable materials from municipal solid waste by the residents of the town. All residential households within the town are required to recycle and comply with Rhode Island general law to meet or exceed town minimum recycling rates.
From time to time, the town shall publish rules and regulations that shall govern the implementation of this chapter.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-77. - Responsibilities of director.#
The director of public works, at the direction of the town manager, shall have the responsibility for the implementation of this article. The director shall be responsible for providing support to the recycling coordinator so as to enable him/her to adequately perform his/her duties under state law and this chapter.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-78. - Recycling coordinator.#
The town manager may appoint an individual, either full-time or part-time, to coordinate the town's recycling program commercial haulers, recycling facilities and the public. The recycling coordinator shall facilitate and encourage public education about recycling. These tasks shall be accomplished in a manner consistent with all federal, state and local regulations.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-79. - Enforcement by director of public works.#
It shall be the duty of the director of public works for the town to enforce the provisions of this article.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-80. - Private subscription collection; mixed recyclables.#
(a)
Residents in dwellings of four dwelling units or less on a single lot may elect to subscribe with a commercial hauler licensed by the Town of Narragansett to collect solid waste and recyclable materials. Licensed commercial haulers providing residential subscription service collection shall provide regularly scheduled recycling services for each and every residential customer. All residents that subscribe to residential subscription service collection must recycle all designated residential recyclable materials. Said materials shall be placed at the curbside or other locations approved by the resident's commercial hauler in designated containers.
(b)
Residents in dwellings greater than four dwellings on a single lot shall be subject to state recycling regulations.
(Ch. 991, § 1, 12-16-2013; Ch. 1006, § 5, 1-5-2015; Ch. 1115, § 5, 10-2-2023)
Sec. 62-81. - Publishing collection schedules.#
The licensed commercial haulers that provide residential subscription service shall provide each customer with an initial schedule for collection and shall publish a new schedule thereafter whenever there is a change in either materials to be collected, collection procedures or schedules. Mandatory recycling services for each and every residential subscription customer shall be implemented in accordance with a schedule approved by the director of public works.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-82. - Recyclable materials.#
Recyclable materials shall be deposited at the curb or edge of roadway, or as otherwise designated by the licensed commercial haulers, in a manner that does not compromise public safety or the delivery of public services. If there are more recyclables than can be accommodated in the recycling container(s), these shall be placed in containers stacked close to such special recycling container to facilitate collection with recyclable materials.
Recyclable materials are defined by the Rhode Island Department of Environmental Management per G.L. § 23-18.8.8-2 and promulgated by Rhode Island Resource Recovery Center (RIRRC).
Recyclable materials shall be prepared as applicable for collection according to directions published by the RIRRC and Rose Hill Regional Transfer Station (RHRTS).
(Ch. 991, § 1, 12-16-2013)
Sec. 62-83. - Licensed public events and festivals.#
The town shall require the separation of recyclables as a condition of licensing or authorizing public events at which significant solid waste will be generated.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-84. - Commercial recycling.#
No person or entity that is not licensed for collection of residential recyclable materials may accept or collect residential recyclable materials.
(Ch. 991, § 1, 12-16-2013; Ch. 1006, § 6, 1-5-2015)
Sec. 62-85. - Compliance required.#
(a)
Separation of recyclables from nonrecyclables. All occupants of residential properties, four units or less on a single parcel in the town shall separate recyclables from the nonrecyclable portion of their solid waste and prepare them for recycling according to the terms of this article and rules and regulations published by the town.
(b)
Collection by private parties and nonprofit groups. Residents are allowed to give recyclables, provided they do not qualify to be placed in residential recycling bins per RIRRC, to individuals and to private and nonprofit organizations that have been duly licensed and whose collections are reported in a manner specified by the director to be in compliance with RIRRC and/or RIDEM reporting requirements.
(c)
As a condition of any license issued to a commercial hauler under this chapter, said hauler shall agree without reservation to the following minimum terms and conditions:
(1)
Provide, maintain, and certify up-to-date residential and/or nonresidential customer lists to the town in a format (electronic and/or paper) stipulated by the town for the purpose of allocating municipal tipping rate(s). To the extent allowed by law, the town agrees to maintain the confidentiality of said lists.
(2)
All licensed commercial haulers shall collect recyclables from each and every residential customer verified on their customer list and shall ensure that:
a.
The quantity of recyclables collected from customers meets or exceeds minimum town recycling rates as established by the Rhode Island Resource Recovery Corporation or Rhode Island general law; and
b.
The recyclables collected from customers are free from contamination and comply with all state and federal laws and collection facility site rules, regulations and policies.
(3)
Provide and certify, under a schedule and in a format (electronic and/or paper) stipulated by the town, collection data necessary to verify recycling rates.
Other terms and conditions may be added to a specific license by the town as deemed necessary for the efficient and successful operation of the recycling program defined by this chapter or relevant state law.
(Ch. 991, § 1, 12-16-2013; Ch. 1006, § 6, 1-5-2015; Ch. 1115, § 6, 10-2-2023)
Sec. 62-86. - Penalties for noncompliance.#
(a)
Any person or entity, including commercial haulers as defined herein, who violate any of the provisions of this chapter or the rules and regulations enacted pursuant thereto shall, upon conviction, be subject to the terms of section 1-14 of this Code.
It is the sole responsibility of property owners to ensure compliance with all town recycling requirements by property residents.
Violation of this article shall be punished by the following means: (1)
Commercial haulers.
a.
First offense by a commercial hauler: The director of public works shall issue a notice of violation (NOV), by certified mail to the offending commercial hauler. The NOV shall give the offending commercial hauler ten calendar days to submit a written compliance plan of sufficient detail to the director and 30 calendar days to comply with all town recycling requirements. Said NOV shall advise the offending commercial hauler that he/she is subject to fines for any subsequent violations. Subsequent NOV's will be issued by the town as necessary, with a compliance schedule noted therein.
b.
In the event that a commercial hauler receives a second NOV within a 12-month period or fails to remediate issues addressed in the first violation within 30 days as noted in subsection (1) above, said hauler shall be subject to an administrative fee up to $500.00 per offense and have his/her town-issued commercial hauler license suspended, pending a hearing before the town.
Upon conclusion of the hearing, the town reserves the right to re-instate the license (with or without conditions), continue the suspension to a date certain, or revoke the license, at its sole discretion. Grounds for license suspension or revocation include, but are not limited to, willful violation of the provisions of this chapter.
c.
No commercial hauler may collect solid waste and/or recyclable materials without a valid commercial hauler's license issued by the Town of Narragansett. Any hauler found to be operating in the town without a commercial hauler license shall be subject to a fine of up to $500.00 per day. Each day shall constitute a separate and distinct violation.
d.
Commercial haulers who do not submit license renewal applications within 30 days of due date shall be subject to an administrative fee of $250.00. Each additional 30 days, or fraction thereof, shall constitute a separate and distinct violation subject to an additional administrative fee up to $250.00 per violation.
e.
Liability. Any person who violates any of the provisions of this article or the regulations enacted pursuant thereto shall become liable to the town for any expense, loss, or damage occasioned by the town by reason of such violation.
(2)
Residential users.
a.
For the first offense, the commercial hauler providing residential subscription service collection shall pick up the solid waste and recyclables and shall attach a notice to the recycling container advising the resident of the resident's duties under the law. The collector shall keep a record of the street addresses of those who have received a warning notice and shall report the addresses on a weekly basis to the director of public works.
b.
For the second offense, the director of public works shall send a written warning advising that subsequent violations can result in the imposition of fines.
c.
For the third offense, the director of public works shall send a written warning to resident and property owner, if different, advising that a subsequent violation shall result in the imposition of fines.
d.
For the fourth and any subsequent offense, the resident and/or property owner shall be subject to fines in accordance with section 1-14 of this Code.
(Ch. 991, § 1, 12-16-2013; Ch. 1006, § 6, 1-5-2015)
Sec. 62-87. - Solid waste hazard or nuisance.#
No person having custody or control of residential, industrial or business premises from which solid waste, including recyclables, is collected for disposal by the town, shall permit or cause any solid waste, including recyclables, within his/her control to become a hazard to public travel, health or safety, or to become a nuisance of any sort.
(Ch. 991, § 1, 12-16-2013)
Cross reference— Nuisances, § 22-21 et seq.
Sec. 62-88. - Ownership of recyclables; offenses.#
Once recyclable materials have been deposited in the designated place, be it curbside or transfer station, such recyclable materials shall become the property of the licensed commercial hauler or the transfer station operator, respectively. As a condition of town licensure, commercial haulers providing private subscription services shall deliver all residential recyclables to the RHRTS or the RIRRC materials recycling facility (MRF). The RHRTS and the RIRRC MRF are the only facilities authorized for the disposal of commercial hauler collected residential recyclables. Licensed commercial haulers servicing less than 50 residential customers may deliver residential solid waste and recyclable materials to a transfer station other than RHRTS provided that all materials are delivered from said transfer station to RIRRC as required by G.L. ch. 23-18.9. Such haulers must provide written documentation including weight slips, on a weekly or monthly basis, to director as verification of compliance. No person engaged in the business of separation, recovery, collection, removal, storage or disposition of solid waste shall pick up or procure any recyclable materials as defined under this article or a valid regulation within the town except as specifically authorized by the director. The restriction of this section shall also include any resident, taxpayer or other person who might engage in such practice for personal gain. Any person violating the terms of this section shall be punished in accordance with section 1-14 of this Code.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-89. - Volunteer collection of recyclable materials.#
The director may issue hauler licenses to private parties or charitable organizations to collect residential recyclable materials that do not qualify to be placed in residential recycling bins per RIRRC, on the condition that a report is provided to the director by such party or organization detailing the amount of each material collected and filed, in compliance with RIRRC and/or RIDEM reporting requirements. Issuance of such license is conditional provided that the director determines that such collection does not defeat the purpose or cost effectiveness of the town's recycling program, nor conflict with the town's local implementation program.
(Ch. 991, § 1, 12-16-2013; Ch. 1006, § 8, 1-5-2015)
Sec. 62-90. - Recycling contracts.#
The town manager is empowered to supervise, facilitate and, subject to town council approval, contract with state recycling facilities as mandated by the General Laws of the State of Rhode Island or with commercial firms for the receipt and processing of recyclable material in a manner consistent with the town's local implementation program that yields the best rate of recycling and the most cost effective result for the town.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-91. - Rules and procedures.#
The director of public works, subject to town manager and town council approval, is hereby authorized to prepare and publish regulations governing the implementation of the recycling program.
(Ch. 991, § 1, 12-16-2013)
Sec. 62-92. - Rose Hill Regional Transfer Station residential users.#
All residential users of the RHRTS shall be required to recycle as a condition of use of that facility. Failure to recycle materials in accordance with this chapter and/or the rules and regulations promulgated thereto may result in the suspension of use of the RHRTS.
(Ch. 991, § 1, 12-16-2013)
Secs. 62-93—62-199. - Reserved.#
ARTICLE IV. - PLASTIC REDUCTION ORDINANCE#
Sec. 62-200. - Statement of purpose.#
The purpose of this article is to improve the terrestrial and marine environment in and around the Town of Narragansett, as well as the health, safety and welfare of its residents by reducing consumption of single-use plastics in Narragansett and encouraging the substitution of reusable or biodegradable materials in local retail transactions.
(Ch. 1091, 3-7-2022; eff. 1-1-2023)
Sec. 62-201. - Legislative findings and intent.#
WHEREAS, the Town Council finds that: (a)
The Town of Narragansett has authority under Article 13 of the Rhode Island Constitution and the Charter of the Town of Narragansett to regulate issues pertaining to solid waste, litter and pollution as a matter of local concern.
(b)
The negative environmental impacts flowing from excessive public consumption of single-use plastic products are well-documented, including: increased litter and solid waste, obstruction of stormwater drainage systems, harm to terrestrial and marine wildlife through ingestion and entanglement, greenhouse gas (GHG) emissions, ground-level ozone formation, and water consumption.
(c)
The negative impacts of single-use plastics pose a significant threat to the coastal environment and marine resources that play a significant role in the economy of the Town of Narragansett.
(d)
Single-use plastics made from fossil fuels are a bio-accumulating toxin in the marine environment that present a significant and pervasive threat to the ocean, marine life and human health.
(e)
The cost to clean up plastic litter that is used once and then discarded is ultimately born by the taxpayers of the Town of Narragansett.
(f)
The production and use of single-use paper carryout bags are also polluting to the environment and as such, are not an acceptable, green alternative to plastic bags.
(g)
The best alternative to single-use plastics is a shift to reusable products or, where necessary, single-use products that are readily biodegradable.
(h)
With retail carry-out bags, studies confirm that the combination of banning plastic carry-out bags and placing a nominal fee on paper carry-out bags will dramatically reduce the use of both types of bags and encourage consumers to use reusable bags.
(i)
Numerous jurisdictions both across the nation and in the State of Rhode Island have approved laws or ordinances that ban the use of plastic carryout bags and/or impose fees on customers requesting paper carry-out bags, and these new rules have proven effective at shifting consumer behavior toward the use of reusable bags and significantly reducing the consumption of all single-use bags.
(Ch. 1091, 3-7-2022; eff. 1-1-2023)
Sec. 62-202. - Reserved.#
Sec. 62-203. - Definitions.#
The following definitions apply to this article: (a)
Business establishment means any commercial enterprise that provides single-use plastics to 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. For the purposes of the ordinance, "business establishment" shall also include farmers' markets. "Business establishment" does not include sales of goods at yard sales, tag sales, or other sales by residents at their homes, and sales by nonprofit organizations.
(b)
Carryout bag means a bag provided by a commercial establishment or restaurant to a customer, typically at the point of sale, for the purpose of transporting a customer's purchases.
(c)
Customer means any person obtaining goods from a retail establishment or restaurant.
(d)
Double opening plastic bag means any thin film plastic bag with a double opening (top and bottom) to protect clothing or other items for transport.
(e)
Paper carryout bag means any carryout bag made of paper larger than 15 liters or having handles.
(f)
Plastic barrier bag means any thin film plastic bag without handles used to:
(1)
Transport small quantities of bulk or fungible goods within an establishment to the point of sale, such as fresh fruit or vegetables, nuts, grains, small hardware items or loose candy;
(2)
Contain or wrap refrigerated or frozen foods, meat or fish, whether fresh, frozen, prepackaged or not, to prevent moisture damage or contamination to other purchases;
(3)
Contain or wrap flowers, potted plants, or other items to prevent damage, spills or contamination of other goods;
(4)
Contain unwrapped prepared foods or bakery items;
(5)
Contain materials to be hung on an exterior door; or
(6)
Contain a newspaper or other printed material for delivery.
(g)
Plastic carryout bag means any carryout bag made of plastic film, regardless of thickness, including bags that may be designated as compostable, degradable or biodegradable, but excluding bags defined herein as reusable bags, barrier bags, double-opening bags, or bags larger than 28 by 36 inches.
(h)
Point of sale means the point at which goods paid for by a customer are delivered into the customer's custody and possession for his or her use, including goods ordered by electronic communication and delivered to a location within the Town of Narragansett.
(i)
Recyclable paper bag means a paper bag meeting all of the following requirements:
(1)
Contains no old growth fiber;
(2)
Is 100 percent recyclable in accordance with state recycling requirements;
(3)
Contains a minimum of 40 percent postconsumer recycled material;
(4)
Displays the word "recyclable" or the universal recycling logo in a visible manner on the outside of the bag.
(j)
Reusable bag means a bag with handles that is specifically designed and manufactured for multiple reuse that meets all of the following requirements:
(1)
Is made primarily of cloth or other textile;
(2)
Is not made from film plastic;
(3)
Has handles that are stitched and not heat fused;
(4)
Is machine washable;
(5)
Does not contain any heavy metal in toxic amounts.
(Ch. 1091, 3-7-2022; eff. 1-1-2023)
Sec. 62-204. - Prohibition against plastic carry-out bags.#
(a)
No business establishment doing business in the Town of Narragansett shall provide or make available to customers any plastic carryout bag (either complimentary or for a fee) to members of the public for any sales transaction or other use.
(b)
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 in accordance with current laws, and as defined by the Rhode Island Resource Recovery Corporation RESTORE program.
(c)
Nothing in this section shall preclude business establishments from making reusable bags or recyclable paper bags, as defined herein, available to customers, by sale or otherwise.
(d)
No business establishment shall prohibit customers from bringing carryout bags (of any type) into a business for their own personal use in lieu of bags sold or provided by the establishment.
(e)
No person shall distribute plastic carryout bags at any town facility, town-managed concession, town-sponsored event, or town-permitted event unless otherwise provided in this article.
(Ch. 1091, 3-7-2022; eff. 1-1-2023)
Sec. 62-205. - Exempt plastic bags.#
The prohibitions in section 62-204, above, shall not apply to: (a)
Reusable bags;
(b)
Plastic barrier bags;
(c)
Double opening bags;
(d)
Newspaper bags;
(e)
Door-hanger bags;
(f)
Packages of bags sold at retail and intended for consumer use as trash bags, yard waste bags, animal waste bags or similar uses;
(g)
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;
(h)
Bags used by organizations recognized as charitable enterprises under the United States Tax Code.
(Ch. 1091, 3-7-2022; eff. 1-1-2023)
Sec. 62-206. - Regulation of paper carryout bags#
(a)
All paper carryout bags provided to customers by any commercial establishment or restaurant shall be recyclable paper bags, as defined herein.
(b)
Any commercial establishment or restaurant that provides paper carryout bags to customers may charge a fee of ten cents per bag, except as otherwise provided in this article.
(Ch. 1091, 3-7-2022; eff. 1-1-2023)
Secs. 62-207, - 62-208. Reserved.#
Sec. 62-209. - Enforcement.#
(a)
This article shall be enforced by the Narragansett Code Enforcement Officer and by any other town department designated by the town manager.
(b)
Any business establishment that violates any provision of this article shall be subject to the following penalties:
(1)
First offense: Any business establishment charged with a violation of this article shall be served with a warning letter by sending a copy of the same by regular and certified mail to the owner, operator, manager or officer of the business establishment or to a designated agent for service of process. The warning letter shall include a copy of this article; inform the person of the nature of the offense; and require that the offending conditions be corrected within 28 days of the date of the letter.
(2)
Failure to correct or second offense: If a business establishment fails to timely correct a first violation, or is charged with a second offense after correcting an initial violation, a notice of violation shall be issued and a fine of $250.00 shall be assessed. In lieu of appearing before the municipal court for hearing, the fine may be paid by mail in accordance with section 18-30 of the Narragansett Code of Ordinances.
(3)
Third or subsequent offense: Any offense occurring after a second offense shall be subject to a fine of $500.00 and each and every day that said violation continues shall constitute a separate violation. In the event of a third or subsequent offense the option of payment by mail shall not be available and the defendant shall be required to appear in municipal court at the appointed time and date.
(c)
Any business establishment that is the subject of multiple notices of violation pursuant to the provisions of this article may be subject to action by the town council to revoke any municipally issued license granted to the business establishment.
(Ch. 1091, 3-7-2022; eff. 1-1-2023)
Sec. 62-210. - Hardship variance.#
(a)
Upon request, the town manager may grant a temporary, one-time exemption from the requirements of this article where:
(1)
The request is filed before the date that the article becomes fully enforceable;
(2)
Good cause is shown for the failure to timely comply with this article; and where
(3)
Application of this article would:
a.
Cause undue hardship based upon unique circumstances; or
b.
Deprive a person or business of a legally protected right.
(b)
Requests shall be submitted on forms prescribed by the town.
(c)
Any request granted shall be the minimum exemption necessary to address the hardship.
(d)
Any decision by the town manager shall be in writing and supported by findings of fact supporting the grant or denial of the requested exemption.
(Ch. 1091, 3-7-2022; eff. 1-1-2023)
Sec. 62-211. - Effective date.#
This article shall become effective on January 1, 2023 to enable merchants to prepare for compliance and use-up existing inventories of bags acquired prior to the effective date of this article.
(Ch. 1091, 3-7-2022; eff. 1-1-2023)
Sec. 62-212. - Severability.#
If any portion of this article is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision will not affect the validity of the remaining portions of the ordinance.
(Ch. 1091, 3-7-2022; eff. 1-1-2023)