Chapter 8.14


8.14.010    Definitions.

8.14.020    Regulations.

8.14.030    Exemptions.

8.14.040    Violations.

8.14.010 Definitions.

A. “Carryout bag” means any bag that is provided by a retail establishment at the point of sale to a customer for use to transport or carry away purchases from the retail establishment. “Carryout bag” does not include:

1. Bags used by consumers inside stores to: (a) package bulk items, such as fruit, vegetables, nuts, grains, candy or small hardware items; (b) contain or wrap frozen foods, meat or fish, whether prepackaged or not; (c) contain or wrap flowers, potted plants, or other items where dampness may be a problem; (d) contain unwrapped prepared foods or bakery goods; (e) contain prescription medication or personal care products; or

2. Newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags.

B. “Recycled paper bag” means a paper carryout bag provided by a retail establishment to a customer at the point of sale that meets all of the following requirements:

1. Except as provided in subsection (B)(2) of this section, the bag contains a minimum of 40 percent postconsumer recycled materials;

2. An eight-pound capacity or smaller bag contains a minimum of 20 percent postconsumer recycled materials;

3. The bag is recyclable; and

4. Printed on the paper carryout bag is the minimum percentage of postconsumer content.

C. “Retail establishment” means any person, corporation, partnership, business, facility, vendor, organization, or individual that sells or provides merchandise, goods or materials, including, without limitation, clothing, food, or personal items of any kind, directly to a customer. Retail establishment includes, without limitation, any grocery store, department store, hardware store, pharmacy, liquor store, restaurant, catering truck, convenience store, and any other retail store or vendor.

D. “Reusable bag” means a bag with handles that is designed and manufactured for multiple reuse and is either (1) made of cloth or other machine washable fabric, or (2) made of durable plastic that is at least 2.25 mils thick.

E. “Single-use plastic carryout bag” means any bag that is less than 2.25 mils thick and is made from plastic or any nonrenewable resource. (Ord. 1618 § 1, 2017)

8.14.020 Regulations.

A. No retail establishment in the town shall provide a single-use plastic carryout bag to a customer unless otherwise exempt pursuant to FHMC 8.14.030.

B. A retail establishment in the town that provides a bag to a customer at the point of sale shall only provide either a reusable bag or a recycled paper bag.

C. No person shall distribute a single-use plastic carryout bag at any town facility, town-managed concession, town-sponsored event, or town-permitted event unless otherwise permitted pursuant to FHMC 8.14.030. (Ord. 1618 § 1, 2017)

8.14.030 Exemptions.

A. Notwithstanding the regulations contained in FHMC 8.14.020, retail establishments may distribute bags to customers for use within a retail establishment to assist in the collection and transport of products to the point-of-sale within the retail establishment.

B. The mayor may exempt a retail establishment from the requirements of this chapter for up to a one-year period beyond the effective date of the ordinance adopting this chapter, upon a written application by the retail establishment showing that the conditions of this chapter would cause undue hardship. An “undue hardship” shall only be found in:

1. Circumstances or situations unique to the particular retail establishment such that there are no reasonable alternatives to single-use plastic carryout bags, or where the retailer has a significant financial investment in existing inventory; or

2. Circumstances or situations unique to the retail establishment such that compliance with the requirements of this chapter would deprive a person of a legally protected right.

C. An exemption application shall include all information necessary for the mayor to make a decision, including but not limited to documentation showing the factual support for the claimed exemption. The mayor may require the applicant to provide additional information to permit the mayor to determine facts regarding the exemption request.

D. The mayor may approve the exemption request, in whole or in part, with or without conditions.

E. Exemption decisions are effective immediately, are final, and are not subject to administrative appeal.

F. The town council may by resolution establish a fee for exemption requests. The fee shall be sufficient to cover the cost of processing the exemption request. (Ord. 1618 § 1, 2017)

8.14.040 Violations.

A. Any violation of this chapter is a civil infraction and shall be enforced in accordance with Chapter 1.18 FHMC (Enforcement).

B. The town attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

C. Each violation of this chapter shall be considered a separate offense.

D. The remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this chapter shall preclude any person from pursuing any other remedies provided by law. (Ord. 1618 § 1, 2017)