Updated: Jun 12, 2019
Below is the draft ordinance we proposed to towns on MDI!
SECTION 1. PURPOSE: It is in the best interests of the citizens of and visitors to the Town of Southwest Harbor to protect the environment and natural resources of the Town and the State of Maine and the bodies of water within and adjacent to the Town by: prohibiting the use and distribution of plastic single use carryout bags, discouraging the distribution of disposable paper single use carryout shopping bags, and encouraging the use of reusable shopping bags. Therefore, the purpose of this Ordinance is to limit the use of single use carryout bags to reduce litter and to reduce the environmental impact caused by the use of single use plastic bags.
SECTION 2. AUTHORITY: This Ordinance is enacted under the H October 4, 2018 — page 2 of 3 SECTION 4. RESTRICTION ON SINGLE-USE CARRYOUT BAGS Except as provided below, no Store as defined above shall provide a Single-Use Carryout Bag to a customer at a checkout stand, cash register, point-of-sale or other point of departure for the purpose of transporting any goods or merchandise out of the establishment. Nothing in this ordinance shall be construed to prohibit Customers from using bags of any type that the Customer brings into the Store for their own use. SECTION 5. PERMITTED BAGS A. A Store may make available for sale to a customer a paper Single-use Carryout Bag for a mandatory minimum charge of five cents ($0.05) per bag. The charge will increase to ten cents ($0.10) per bag one year after the effective date of this Section. The charge will increase to fifteen cents ($0.15) per bag two years after the effective date of this Section. B. All monies collected by a Store for paper Single-use Carryout Bags under this Section shall be retained by the Store and used by the Store for any lawful purpose. C. All Stores shall post signage at each point of sale clearly indicating the per bag charge for paper Single-use Carryout Bags. This requirement shall not apply to restaurants. D. Notwithstanding this section, no Store may make available for sale a paper Single-use Carryout Bag unless the amount of the sale of the Single-Use Carryout Paper Bag is separately itemized on the sale receipt. E. No Store shall rebate or otherwise reimburse a customer any portion of the minimum charge for any paper Single-use Carryout Bag. F. Customers are encouraged to bring Reusable Bags to Stores, which may choose to provide a rebate for such. SECTION 6. EXEMPTIONS A Store shall be exempt from the provisions of this Ordinance in a situation deemed to be an emergency by the Town Select Board. SECTION 7. VIOLATIONS AND ENFORCEMENT A. The Town Manager or his/her designee(s) shall have the primary responsibility of the enforcement of this Ordinance. If the Town Manager or his/her designee(s) determines that a violation of the Ordinance has occurred, a written warning notice shall be issued to the Store. If an additional violation occurs after a written warning has been issued, the Town Manager or his/her designee shall issue a written Notice of Violation (NOV) and shall impose a penalty as set forth below. October 4, 2018 — page 3 of 3 B. Violations of this Ordinance shall be punishable by fines as follows: 1. A fine not exceeding $100 for the first written NOV violation in a one-year period. 2. A fine not exceeding $200 for the second and each subsequent written NOV in a one-year period. Each day that a violation occurs shall be considered a subsequent violation. 3. Fines are payable within 15 days of receipt of written notice of violation. SECTION 8. APPEALS Any decision, action, or inaction pertaining to this Ordinance may be appealed to the Maine Superior Court (Hancock County) within 30 days of the decision, action or inaction. SECTION 9. SEVERABILITY In the event any portion of this Ordinance shall be found to be invalid by a court of competent jurisdiction, the remaining portions of the Ordinance shall remain in effect. SECTION 10. EFFECTIVE DATE The provisions of this ordinance shall become effective on _______________.