Loading...
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)
17-21   LICENSING AND REGULATING SHARED MOBILITY BUSINESSES.
Loading...