The Bar Harbor Town Council will hold a public hearing on Tuesday, January 15th at 7PM in the Council Chambers to consider 2 amendments to Chapter 94, Food and Merchandise Sales of the Bar Harbor Town Code: These amendments  would ban the use of single use carry out bags and polystyrene foam containers within the Town of Bar Harbor.

This follows the banning of single use carry out bags and polystyrene foam containers in Southwest Harbor, which was passed on Tuesday, November 13th and will go into effect on April 22, 2019

Here are the proposed Bar Harbor Amendments

Single-Use Carryout Bag Ordinance Amendment
#2019-xx
An Amendment to create a Single-Use Carryout Bag Ordinance.
The Town of Bar Harbor hereby ordains that Chapter 94, Food and Merchandise Sales, Article II, Single-Use Carryout Bags, of the Town Code is amended as follows:
[Please Note: Old language is stricken.  New language is underlined.]

CHAPTER 94 – FOOD AND MERCHANDISE SALES
Article II: Single-Use Carryout Bags
§94-7 Purpose.
It is in the best interests of the citizens of and visitors to the Town of Bar 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.

§94-8 Authority.
This Ordinance is enacted under the Home Rule Authority of municipalities pursuant to the Constitution of the State of Maine, Article VIII, Part 2, Section 1, the provisions of Title 30-A MRS Chapter 141, and the general power of municipalities to enact police power ordinances.

§94-9 Definitions.
As used in this article, the following terms shall have the meanings indicated:

CUSTOMER
An individual who purchases or accepts food, beverage or merchandise for use or consumption.

PRODUCT AND PRODUCE BAGS
Bags without handles used exclusively to carry produce, meats, seafood and bulk items, for the purpose of containing those items or preventing direct contact between those items and other items.  These bags are used to carry items to the point of sale inside a Store or to prevent such items from coming into direct contact with other purchased items.

REUSABLE BAG
A bag specifically designed and manufactured for the repeated use of carrying food, beverage or merchandise, whether made of cloth, fiber or plastic; is machine washable or made from a material that can be cleaned and disinfected regularly; has the capability of carrying 18 pounds or more; and, if plastic, is at least 4.0 mil thick.

SINGLE-USE CARRYOUT BAG
A bag other than a Reusable Bag, as defined above, provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the Store. The term Single Use Carry-Out Bag includes compostable and biodegradable bags, but does not include Reusable Bags, Produce Bags, Product Bags required for special handling, or bags provided by pharmacists to contain prescription drugs.

STORE
Any commercial enterprise engaged in the sale of food and merchandise, including – but not limited to – grocery and convenient stores, markets, pharmacies, restaurants, take out food, temporary and seasonal businesses, and other merchant retailers.

§94-10 Restriction on Single-Use Carryout Bags.
Except as provided below, no Store as defined above shall provide or sell 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.

§94-11 Permitted Bags.

  1. A Store may, at its discretion, make a Reusable Bag or a paper bag available to the customer either for free or for a fee at the checkout stand, cash register, point of sale or other point of departure for the purposes of transporting food or merchandise out of the establishment. Businesses shall keep any proceeds from the sale of Reusable Bags and paper bags at point of sale.
  2. Customers are encouraged to bring Reusable Bags to Stores, which may choose to provide a rebate for such.
  3. Customers may use bags of any type that they bring into the Store for their own use.

§94-12 Exemptions.
A. A Store shall be exempt from the provisions of this Ordinance in a situation deemed to be an emergency by the Town Council.
B. A store is allowed to draw down and deplete existing inventory of single use plastic shopping bags by December 2019.

§94-13 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.

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.

§94-14 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.

§94-15 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.

§94-16 Effective Date.
The provisions of this ordinance shall become effective 30 days after the Town Council’s passage.
[End of Ordinance]

Polystyrene Foam Food Service Container Ordinance Amendment
#2019-xx
An Amendment to create a Polystyrene Foam Food Service Container Ordinance.
The Town of Bar Harbor hereby ordains that Chapter 94, Food and Merchandise Sales, Article III, Polystyrene Foam Food Service Containers, of the Town Code is amended as follows:[Please Note: Old language is stricken.  New language is underlined.]

CHAPTER 94 – FOOD AND MERCHANDISE SALES
Article III: Polystyrene Foam Food Service Containers
§94-17 Purpose.
It is in the best interests of the citizens of and visitors to the Town of Bar 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 polystyrene foam food service containers.

Therefore the purpose of this Ordinance is to ban the use of polystyrene foam food service containers to reduce litter, to minimize impact on the Town Transfer Station while increasing recyclables, and to reduce the environmental impact caused by the use of polystyrene foam food service containers.

§94-18 Authority.
This Ordinance is enacted under the Home Rule Authority of municipalities pursuant to the Constitution of the State of Maine, Article VIII, Part 2, Section 1, the provisions of Title 30-A M.R.S. Chapter 141, and the general power of municipalities to enact police power ordinances.

§94-19 Definitions.
As used in this article, the following terms shall have the meanings indicated:

ESTABLISHMENT
A person or entity engaging in the sale or distribution of Prepared Food or beverages to consumers. This includes, but is not limited to, retail vendors of food or beverages, restaurants, take-outs, schools, hospitals, religious institutions, governmental institutions, community centers, markets, temporary and/or seasonal vendors and on-site events.

FOOD PACKAGER
Any person who places food in packaging materials for the purpose of retail sale of those products.

POLYSTYRENE FOAM
Expanded and extruded polystyrene foam and blown polystyrene, generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, and egg cartons. This does not include oriented (clear) polystyrene.

POLYSTYRENE FOAM FOOD SERVICE CONTAINER
Any food container made, in whole or in part, of polystyrene foam and used to package or hold food or beverage for onsite or offsite consumption.

PREPARED FOOD
Food or beverages which are served or sold at an establishment having been either previously prepared elsewhere or prepared at the establishment.

§94-20 Restrictions.

  1. No Establishment in the Town of Bar Harbor shall serve or sell prepared food in – and no Food Packager shall package food in – polystyrene foam food service containers.
  2. No party shall sell or distribute polystyrene foam food service containers within the Town of Bar Harbor.

§94-21 Exemptions.

  1. Items pre-packaged in polystyrene foam food service containers outside the Town of Bar Harbor may be sold without repackaging those items.
  2. Uncooked meat and seafood may be sold in polystyrene foam food service containers.
  3. Items to be shipped to points outside Bar Harbor may be packaged in polystyrene foam food service containers for shipping.
  4. An Establishment or Food Packager shall be exempt from the provisions of this Ordinance in a situation deemed to be an emergency by the Town Select Board, for the immediate preservation of the public health and safety.
  5. An Establishment or Food Packager is allowed to draw down and deplete existing inventory of polystyrene food service containers by December 2019.

§94-22 Violations and Enforcement.

  1. 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 Establishment.  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.

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.

§94-23 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.

§94-24 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.

§94-25 Effective Date.
The provisions of this Ordinance shall become effective 30 days after the Town Council’s passage.
[End of Ordinance]