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ordinance 02-2023 - plastic bags - updated

Ordinance July 20, 2023 · 5 page(s)

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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 AND INCENTIVIZE USE OF REUSABLE BAGS
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. Constitute a nuisance and an eyesore, detracting from the natural beauty of the Town and the
Eastern Shore;
2. Cause sorting machines to break down, causing delays and adding repair costs;
3. Production of single-use plastic carryout bags uses fossil fuels that generate excess greenhouse
gas emissions which contribute to climate change;
4. 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
5. Break down into microplastics, contaminating the soil and water that pose threats to marine life
and human health;
WHEREAS, the manufacture of single-use plastic bags involves toxic chemicals, generates
significant air and water pollution, and the bags contribute to single-use waste;
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;
WHEREAS, for food sanitation and handling purposes, food service facilities may not allow
customers to use their own reusable carryout bags, and therefore, given that reusable carryout bags are not
an option for some food service facilities, the Town Council of Centreville wishes to exempt them from the
fee for paper bags.
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 January 1, 2024.
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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
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Chapter 102 Plastic Carryout Bags
102-1 Definitions
102-2 Prohibition on providing plastic carryout bags
102-3 Exemptions
102-4 Penalties
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.
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“Reusable carryout bag” means a bag with stitched handles that is specifically designed and
manufactured for multiple reuse 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, with the exception of food service facilities, 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, with the exception of food service facilities, 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 solely used to:
1. Package bulk items, including fruits, vegetables, nuts, grains, candy, or small hardware
items;
2. Contain or wrap frozen foods, meat, fish, or cheese 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. Protect suits, jackets, dresses, and formal wear or protect dry-cleaning; 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.
D. The charge for paper carryout bags provided for in § 102-2B shall not apply to a paper bag
containing prescription medication or prescription products provided by a pharmacy to a
customer.
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102-4 Violations and 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, subject to the penalties provided in § 1-14.B.5.a
of the Town Code.
B. The provision of one or more plastic carryout bags at a single point of sale is a single violation.
C. The failure to charge the fees required under § 102-2 for the provision of one or more paper
or reusable carryout bags at a single point of sale is a single violation.
D. A penalty may not be imposed under this section unless a retail establishment is first issued a
written notice of violation.
E. Each instance that the retail establishment commits a violation constitutes a separate offense.
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