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CITY OF BOSTON CODE OF ORDINANCES
THE CHARTER OF THE CITY OF BOSTON
CHAPTER I: GENERAL PROVISIONS
CHAPTER II: FORM OF GOVERNMENT
CHAPTER III: ACQUISITION AND DISPOSITION OF PROPERTY
CHAPTER IV: CONTRACTS
CHAPTER V: ADMINISTRATION
CHAPTER VI: GENERAL SERVICES
CHAPTER VII: ENVIRONMENTAL PROTECTION
CHAPTER VIII: DEVELOPMENT
CHAPTER IX: BUILDING REGULATIONS
CHAPTER X: HOUSING SERVICES
CHAPTER XI: PUBLIC SERVICES
CHAPTER XII: PUBLIC HEALTH AND WELFARE
CHAPTER XIII: NATURAL GAS
CHAPTER XIV: LICENSING AND CONSUMER BOARDS, COMMITTEES AND OFFICERS
CHAPTER XV: DIVISIONS OF THE MAYOR’S OFFICE
CHAPTER XVI: PROHIBITIONS, PENALTIES AND PERMITS
CHAPTER XVII: LICENSES AND REGULATIONS AFFECTING CERTAIN TRADES
CHAPTER XVIII: FEES AND CHARGES
CHAPTER XIX: SCHOOLS
CHAPTER XX: CHARITABLE INSTITUTIONS
CHAPTER XXI: MISCELLANEOUS PUBLIC BUILDINGS
CHAPTER XXII: SUFFOLK COUNTY
CHAPTER XXIII: TRASH AND REFUSE DISPOSAL
CHAPTER XXIV: BOSTON JOBS, LIVING WAGE AND PREVAILING WAGE ORDINANCE
PARALLEL REFERENCES
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17-20   REDUCTION OF CHECKOUT BAGS BY RETAIL ESTABLISHMENTS.
17-20.1   Purpose.
   The purpose of this Section is to reduce the use of disposable checkout bags by retail establishments in the city, curb litter on the streets, protect marine environment, waterways, reduce greenhouse gas emissions and solid waste, and to promote the use of reusable bags by retail establishments located in the city.
(Ord. 2017 c. 9)
17-20.2   Definitions.
   For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   CHECKOUT BAG. A carryout bag with handles provided by a retail establishment to a customer at the point of sale. CHECKOUT BAGS shall not include:
      (1)   Bags, whether plastic or not, in which loose produce or products are placed by a consumer to deliver such items to the point of sale or check-out area of a retail establishment;
      (2)   Laundry or dry-cleaner bags;
      (3)   Newspaper bags; or
      (4)   Bags used to contain or wrap produce, frozen foods, meat or fish, whether prepackaged or not, to prevent or contain moisture.
   CHIEF. The Chief of Environment, Energy and Open Space, or his or her designee.
   COMPOSTABLE PLASTIC BAG. A plastic bag that:
      (1)   Conforms to the current ASTM D6400;
      (2)   Is certified and labeled as meeting the ASTM D6400 standard specification by a recognized verification entity; and
      (3)   Must be capable of undergoing biological decomposition in a compost site such that the material breaks down into carbon dioxide, water, inorganic compounds and biomass at a rate consistent with known compostable materials.
   CITY. The City of Boston and its legal limits and all rights of access and easements in and licenses to use land areas outside of its legal limits as to which it has the right or obligation to maintain.
   RECYCLABLE PAPER BAG. A paper bag that is:
      (1)   One hundred percent recyclable;
      (2)   Contains at least 40% post-consumer recycled paper content; and
      (3)   Displays the words “recyclable” and “made from 40% post-consumer recycled content” (or other applicable amount) in a visible manner on the outside of the bag.
   RETAIL ESTABLISHMENT. Any person, corporation, partnership, business venture or vendor that sell or provide merchandise, goods or materials directly to a customer, whether for or not for profit, including, but not limited to, restaurants, pharmacies, convenience and grocery stores, liquor stores, seasonal and temporary businesses, jewelry stores and household goods stores; however, the term RETAIL ESTABLISHMENT does not include bazaars or festivals operated by nonprofit organizations or religious institutions.
   REUSABLE BAG. A bag with handles that is specifically designed and manufactured for multiple reuse and is either polyester, polypropylene, cotton or other durable material, or durable plastic that is at least 3.0 mils in thickness.
(CBC 1985 17-20.2; Ord. 2017 c. 9)
17-20.3   Requirements.
   (A)   If any retail establishment provides a checkout bag to customers, the bag shall comply with the requirements of being a reusable bag, a recyclable paper bag or a compostable plastic bag.
   (B)   A retail establishment that provides any type of checkout bag shall sell them for no less than $0.05 per bag. All moneys collected pursuant to this Section shall be retained by the retail establishment.
   (C)   Any charge for a checkout bag shall be separately stated on a receipt provided to the customer at the time of sale and shall be identified as the “checkout bag charge” thereon.
   (D)   The Chief of Environment, Energy and Open Space may promulgate rules and regulations to implement this Section.
(CBC 1985 17-20.3; Ord. 2017 c. 9)
17-20.4   Enforcement.
   (A)   If it is determined that a violation has occurred the Office of Environment, Energy and Open Space shall issue a warning notice to the retail establishment for the initial violation.
   (B)   If an additional violation of this Section has occurred within one year after a warning notice has been issued for an initial violation, the Chief shall issue a notice of violation and shall impose a penalty against the retail establishment.
   (C)   The penalty for each violation that occurs after the issuance of the warning notice shall be no more than:
      (1)   Fifty dollars for the first offense; and
      (2)   One hundred dollars for the second offense and all subsequent offenses. Payment of such fines may be enforced through civil action in the commonwealth District Court.
   (D)   Whoever violates any provision of this Section may be penalized by a noncriminal disposition as provided in M.G.L. Chapter 40, Section 21D. For purposes of this Section, the Chief of Environment, Energy and Open Space, or his or her designee, shall be the enforcing person.
(CBC 1985 17-20.4; Ord. 2017 c. 9)
17-20.5   Exemption.
   (A)   The Chief may exempt a retail establishment from the requirements of this chapter for a period of one year upon a finding by the Chief that the requirements of this chapter would cause undue hardship to a retail establishment. An “undue hardship” shall be found only in:
      (1)   Circumstances or situations unique to the particular retail establishment such that there are no reasonable alternatives to bags that are not recyclable paper bags, compostable plastic bags or reusable bags;
      (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; or
      (3)   Circumstances where a retail establishment requires additional time in order to draw down an existing inventory of single-use plastic check out bags. Any retail establishment receiving an exemption shall file with the Chief monthly reports on inventory reduction and remaining stocks.
   (B)   Any retail establishment shall apply for an exemption to the Chief using forms provided by the Department, and shall allow the Chief, or his or her designee, access to all information supporting its application.
   (C)   The Chief may approve the exemption request, in whole or in part, with or without conditions.
   (D)   The Chief, by regulation, may establish a fee for exemption requests.
(CBC 1985 17-20.5; Ord. 2017 c. 9)
17-20.6   Effective Date.
   All of the requirements set forth in this by-law shall take effect within a year of passage.
(CBC 1985 17-20.6; Ord. 2017 c. 9)
17-20.7   Severability.
   It is the intention of the Boston City Council that each separate provision of this Section shall be deemed independent of all other provisions herein, and it is further the intention of the Boston City Council that if any provision of this chapter be declared to be invalid by a court of competent jurisdiction, the remaining provisions of this Section shall remain valid and enforceable.
(CBC 1985 17-20.7; Ord. 2017 c. 9)
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