Ordinance 02-2023 - Plastic Bags

TOWN COUNCIL OF CENTREVILLE

ORDINANCE NO. 02-2023

AN ORDINANCE OF THE TOWN COUNCIL OF CENTREVILLE TO AMEND THE TOWN

CODE TO CREATE A NEW CHAPTER 102 OF THE TOWN CODE REGARDING PLASTIC

BAGS TO PROHIBIT RETAIL ESTABLISHMENTS FROM PROVIDING PLASTIC

CARRYOUT BAGS TO CUSTOMERS

WHEREAS, the Town Council of Centreville is authorized by § 5-202 of the Local Government Article of the Annotated Code of Maryland to adopt ordinances to assure the good government of the municipality; protect and preserve the municipality’s rights, property, and privileges; preserve peace and good order; secure persons and property from danger and destruction, and protect the health, comfort, and

convenience of the residents of the municipality;

WHEREAS, single-use plastic carryout bags generate significant public costs in disposal, contamination, and litter control, as well as contribute to negative environmental impacts including but not limited to:

1. Contribute to overburdened publicly financed landfills, with significant costs to the public for

cleanup and disposal;

2. Constitute a nuisance and an eyesore, detracting from the natural beauty of the Town and the

Eastern Shore;

3. Cause sorting machines to break down, causing delays and adding repair costs;

4. Production of single-use plastic carryout bags uses fossil fuels that generate excess greenhouse

gas emissions which contribute to climate change;

5. Represent a significant hazard to animals like birds, sea turtles, marine mammals, and land

animals with hundreds of thousands of animal deaths attributed to ingesting discarded plastic bags; and

6. Break down into microplastics, contaminating the soil and water that pose threats to marine life

and human health.

WHEREAS, the Town Council of Centreville has determined that the adoption of restrictions prohibiting retailers in the Town of Centreville from providing customers with single-use plastic bags is a necessary and appropriate measure to protect people and the environment;

WHEREAS, the Town Council of Centreville finds that the health, safety, and general welfare of the citizens of the Town of Centreville will be furthered by adding a new Chapter 102 to the Town Code to prohibit retail establishments from providing plastic bags to customers.

NOW, THEREFORE, BE IT ORDAINED by the Town Council of Centreville:

1. That the Town Code is hereby amended to add a new Chapter 102 entitled Plastic Bags, the

text of which is attached hereto as Exhibit “A” with new material shown in bold underlined and deleted language shown with bold strikeout.

2. This Ordinance shall become effective on _______________________.

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ATTEST: THE TOWN COUNCIL OF CENTREVILLE

Carolyn M. Brinkley Steven K. Kline, President Town Clerk First Reading: Ashley H. Kaiser, Esq., Vice President Second Reading:

Enacted:

Effective:

(21st calendar day after enactment) Eric B. Johnson, Jr., Member Daniel B. Worth, Member Jim A. Beauchamp, Member Page 2 of 4

Chapter 102 Plastic Bags

102-1 Definitions

102-2 Prohibition

on providing plastic carryout bags

102-3 Exemptions

102-4 Penalties

102-5 Enforcement

102-1 Definitions:

For the purpose of this Chapter, the following words and terms shall have the following meanings, unless another meaning is plainly intended:

“Excluded organization” means:

A. A bona fide nonprofit fraternal, civic, war veterans’, religious, or charitable organization or corporation that does not serve food to the public more often than four (4) days per week except that once a year an organization may serve food to the public for up to thirty (30) consecutive days; and B. A volunteer fire company that does not serve food to the public more often than four (4) days per week except that once a year a volunteer fire company may serve food to the public for up

to thirty (30) consecutive days.

“Food Service Facility” means:

A. A place where food or drink is prepared for sale or service on the premises or elsewhere; or B. Any operation where food is served to or provided for the public, with or without charge.

“Food Service Facility” does not include:

A. A kitchen in a private home where food is prepared at no charge for guests in the home, for guests at a social gathering, or for service to unemployed, homeless, or other disadvantaged populations;

B. A food preparation or serving area where food is prepared or served only by an excluded organization;

C. A location in a farmer’s market or at a public festival or event where raw agricultural products are sold; or D. A cottage food business as that term is defined in the Code of Maryland Regulations 10.15.03.

“Plastic carryout bag” means a plastic bag that is provided by a retail establishment to a customer at the point of sale and is not a reusable carryout bag. “Plastic carryout bag” includes a compostable plastic bag that meets the specifications of the American Society of Testing and Material International Standard Specification for Compostable Plastics D6400.

Page 3 of 4 “Reusable carryout bag” means a bag with stitched handles that is specifically designed and manufactured for multiple reuses and is made of:

A. Cloth or other washable fabric; or B. A durable material suitable for multiple re-use that is not made of plastic film.

“Retail establishment” means a store, a food service facility, or any other establishment that provides bags to its customers as a result of the sale of a product.

102-2 Prohibition

on providing plastic carryout bags A. A retail establishment may not provide a plastic carryout bag to a customer.

B. A retail establishment shall charge, collect and retain at least 10 cents for each paper carryout bag and reusable carryout bag that it provides to a customer.

C. A retail establishment may not advertise, hold out, or state to the public or to a customer directly or indirectly, that reimbursement for any part of the money collected under this section will be assumed or absorbed by the retail establishment or refunded to the customer.

D. A retail establishment shall indicate on the consumer transaction receipt the number of paper and reusable carryout bags provided by the retail establishment and the total amount of money charged.

102-3 Exemptions

The prohibition contained in § 102-2 does not apply to the following types of plastic bags:

A. A plastic bag used to:

1. Package bulk items, including fruits, vegetables, nuts, grains, candy, or small hardware

items;

2. Contain or wrap frozen foods, meat, or fish, whether prepackaged or not;

3. Contain or wrap flowers, potted plants, or other damp items;

4. Contain unwrapped prepared foods or bakery goods;

5. Contain a newspaper;

6. Contain garments or dry-cleaned clothes, including suits, jackets, and dresses; or

7. Contain ice.

B. Plastic bags sold in packages containing multiple plastic bags; or C. A plastic bag provided by a retail establishment to take live fish, insects, mollusks, or crustaceans away from the retail establishment.

102-4 Penalties

A. Subject to the provisions of paragraph D herein, a retail establishment found in violation of this section shall be guilty of a municipal infraction.

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