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NEWTOWN TOWNSHIP
BUCK COUNTY, PENNSYLVANIA
ORDINANCE NO. __________
AN ORDINANCE OF THE TOWNSHIP OF NEWTOWN, BUCKS
COUNTY, PENNSYLVANIA AMENDING THE CODE OF
ORDINANCES OF NEWTOWN TOWNSHIP TO PROMOTE THE
USE OF REUSABLE BAGS, PROHIBIT THE USE OF SINGLE-USE
CARRY-OUT PLASTIC BAGS, POLYSTYRENE FOOD
CONTAINERS, SINGLE-USE PLASTIC STRAWS, AND SINGLE- USE PLASTIC UTENSILS BY RETAIL ESTABLISHMENTS,
ESTABLISHING A CHARGE FOR THE PROVISION OF CERTAIN
TYPES OF BAGS AT THE POINT OF SALE, AND PROVIDING
FOR ENFORCEMENT AND PENALTIES FOR VIOLATION OF
THIS ORDINANCE; REPEALING ALL INCONSISTENT
ORDINANCES OR PARTS THEREOF; PROVIDNG A
SEVERABILITY CLAUSE; AND PROVIDNG AN EFFECTIVE
DATE
WHEREAS, the Second Class Township Code authorizes the Board of Supervisors (the
“Board”) of Newtown Township, Bucks County, PA (the “Township”) to enact and amend
ordinances that are consistent with the constitution and laws of the Commonwealth of
Pennsylvania when necessary for the proper management, care, and control of the Township and
the maintenance of peace, good government, health, and welfare of the Township and its
citizens; and
WHEREAS, Article 1, Section 27 of the Pennsylvania Constitution, known as the
Environmental Rights Amendment (the "Amendment"), provides that people have the right to
clean air, pure water, and to the preservation of the natural, scenic, historic, and esthetic values
of the environment; Pennsylvania's public natural resources are the common property of all the
people, including generations yet to come; As a Trustee of these resources, the Commonwealth
shall conserve and maintain them for the benefit of all the people; and
WHEREAS, the Amendment imposes two basic duties on the Commonwealth and its
political subdivisions such as the Township: one is to prohibit the degradation, diminution, and
depletion of the public natural resources and the second is to act affirmatively via legislative
action to protect the environment. Pennsylvania Environmental Defense Foundation v.
Commonwealth of Pennsylvania, 161 A.3d 911 (Pa. 2017); and
WHEREAS, this Ordinance is enacted to achieve the Township’s duties under the
Amendment by minimizing the degradation, diminution, and depletion of the public natural
resources and to affirmatively enact legislation designed to protect the environment; and
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WHEREAS, the Township is home to multiple beautiful scenic, clean, and vibrant
streams, and aquifers, including the Neshaminy Creek and the Newtown Creek; and
WHEREAS, for the reasons set forth in more detail below, the Board intends to
preserve, maintain, and enhance the health of its residents and visitors, as well as the public
natural resources and common property within the Township, by regulating the distribution of
single-use plastic bags, expanded polystyrene food service products, single-use plastic straws
and single-use plastic utensils within the Township; and
WHEREAS, the Board, after due consideration of the proposed ordinance at a duly
advertised public hearing, has determined that the health, safety, and general welfare of the
residents of the Township will be served by this amendment of the Township Code of
Ordinances to regulate the distribution of single-use plastic bags, expanded polystyrene food
service products, single-use plastic straws and single-use plastic utensils within the Township;
NOW, THEREFORE, be it, and it is hereby ORDAINED by the Board of Supervisors
of Newtown Township, Bucks County, Pennsylvania, and it is hereby ENACTED and
ORDAINED by authority of same as follows:
I. Chapter 10, “Health and Safety”, of the Code of Ordinances of Newtown Township,
Bucks County, Pennsylvania is amended to add a new Part 7 as follows
PART 7. PROHIBITION ON USE OF CERTAIN SINGLE-USE PLASTIC
PRODUCTS BY RETAIL ESTABLISHMENTS.
§10-701 Purpose and Findings.
1. Purpose.
A. The purpose of this Chapter is to reduce the use of single-use plastic bags,
expanded polystyrene food service products, single-use plastic straws, and single-use
plastic utensils by retail establishments within the Township.
B. To curb litter on the streets, in the parks, and in the trees, protect the local
streams, rivers, waterways and other aquatic environments, reduce greenhouse gas
emissions, reduce solid waste generation, promote the use of reusable, compostable,
and recyclable materials within the Township, and to preserve the natural, scenic,
historic, and esthetic values of the Township.
C. To relieve the pressure for landfills to manage the disposition of single-use
products.
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2. Findings.
A. The use of single-use plastic bags, expanded polystyrene food service products,
single-use plastic straws and single-use plastic utensils have severe environmental
impacts, including greenhouse gas emissions, litter, harm to wildlife, ground level
ozone formation, atmospheric acidification, water consumption, and solid waste
generation.
B. There are numerous commercial establishments within the Township which
provide single-use plastic bags, expanded polystyrene food service products, single-use
plastic straws and single-use plastic utensils to their customers.
C. The majority of such single-use plastic bags, expanded polystyrene food service
products, single-use plastic straws and single-use plastic utensils are made from plastic
or other material that does not readily decompose.
D. Approximately one hundred billion single-use plastic bags are discarded by
United States consumers each year. Given the difficulty of recycling these materials,
less than 1 percent of single-use plastic bags are returned for recycling in the United
States, and in the Township, such bags are not curbside recyclable.
E. Approximately five hundred million single-use plastic straws are discarded by
United States consumers every day. In the Township, such straws are not readily
recyclable.
F. Numerous studies have documented the prevalence of single-use plastic bags,
expanded polystyrene food service products, and/or plastic straws littering the
environment, blocking storm drains, entering local waterways, and becoming stuck in
or upon natural resources and public property.
G. The taxpayers of the Township pay the costs related to the cleanup of single-use
plastic bags, expanded polystyrene food service products, single-use plastic straws and
single-use plastic utensils from the roadways, trees, sewers, waters, and parks within
the Township.
H. From an overall environmental and economic perspective, the best alternative to
single-use plastic bags is a shift to reusable bags or recyclable paper bags, and the best
alternative to single-use plastic utensils and straws are reusable utensils and straws,
recyclable paper utensils and straws, or utensils and straws made from other natural
products, if a utensil or straw is required.
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I. There are several alternatives to single-use plastic bags, expanded polystyrene
food service products, single-use plastic straws and single-use plastic utensils readily
available in and around the Township.
J. An important goal of the Township is to procure and use sustainable products and
services.
K. An important goal of the Township is to preserve the natural, scenic, historic, and
esthetic values of the Township.
L. It is the Township’s desire to conserve resources, reduce the amount of
greenhouse gas emissions, waste, litter, water pollution, and to protect the public health
and welfare, including wildlife, all of which increases the quality of life for the
Township’s residents and visitors.
M. Studies have documented that placing a mandatory charge on single-use plastic
bags, banning expanded polystyrene food service products, and not providing single- use plastic straws or utensils will dramatically reduce the use of such items.
N. As required by the Environmental Rights Amendment to the Pennsylvania
Constitution, the Board seeks to preserve the natural, scenic, historic, and esthetic
values of the Township.
O. It is the Board desire to conserve resources, reduce the amount of greenhouse gas
emissions, waste, litter, water pollution, and to protect the public health and welfare,
including wildlife, all of which increases the quality of life for the Township’s
residents and visitors.
§10-702. Definitions.
When used in this Part 7, the following terms shall have the following definitions:
A. “Customer” means any person purchasing goods or services from a Retail Establishment.
B. “Effective Date” means the effective date of the ordinance that added this Part 7 to
Chapter 10 of the Ordinances of Newtown Township.
C. “Exempted Bag”:
(1) means a bag used inside a Retail Establishment by a Customer to deliver
perishable items to the point-of-sale at that establishment;
(2) shall include:
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(a) a bag used to package bulk items such as fruit, vegetables, nuts, grains, or
candy;
(b) a bag used to contain or wrap meats or fish; to contain unwrapped
prepared foods or bakery goods or candy;
(c) a bag used solely to contain live animals, such as fish or insects sold in a
pet store;
(d) a bag sold in packaging containing multiple bags and packaged at the time
of manufacture of the bag.
D. “Expanded Polystyrene” means blown polystyrene and expanded and extruded foams
that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by
a number of techniques, including but not limited to: fusion of polymer spheres, known as
expandable bead 20 polystyrene; injection molding; foam molding; and extrusion-blow
molding, also known as extruded foam polystyrene.
E. “Expanded Polystyrene Food Service Product”:
(1) means a product made of Expanded Polystyrene that is used for selling,
providing, or transporting food or beverages;
(2) shall include:
(a) food containers;
(b) plates;
(c) hot and cold beverage cups;
(d) trays; and
(e) clamshells.
(3) shall not include:
(a) food or beverages that have been packaged in Expanded Polystyrene
outside the Township before receipt by a food service establishment or store;
(b) a product made of Expanded Polystyrene that is used to package raw,
uncooked, or butchered meat, fish, poultry, or seafood; or
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(c) non-foam polystyrene food service products.
F. “Plastic” means a synthetic material made from linking monomers through a chemical
reaction to create a polymer chain that can be molded or extruded at high heat into various
solid forms that retain their defined shapes during their life cycle and after disposal, including
material derived from either petrochemicals or a biologically based polymer, such as corn or
other plant sources.
G. "Recyclable Paper Bag" means a paper bag that meets the following, but not including an
Exempted Bag:
(1) Is 100% recyclable;
(2) contains no old growth fiber;
(3) contains a minimum of 40% post-consumer recycled content; and
(4) Displays the word “Recyclable” in a highly visible manner on the outside of the
bag, and is labeled in a highly visible manner on the outside of the bag with the name
of the manufacturer, the location (country) where manufactured, and the percentage of
post-consumer recycled content of the bag in an easy-to-read font size.
H. “Retail Establishment” means a location where food or other products are offered to the
public for direct sale or delivery to a Customer, including but not limited to the following:
supermarket, convenience store, service station, delicatessen, department store, dollar store,
drycleaner, clothing store, restaurant, pharmacy, food truck, farmers’ market or delivery
service.
I. “Reusable Bag” means a carryout bag that is designed and manufactured for multiple
uses and is: (a) made of cloth or other machine-washable fabric that has stitched handles; or
(b) a polypropylene bag that has stitched handles.
J. “Single-use Plastic Bag” means a bag made from Plastic through a blown-film extrusion
process, but not including an Exempted Bag.
K. “Single-Use Plastic Straw” means a straw sold or distributed for the purpose or intent of
transferring a beverage from its container to the mouth of the drinker by suction, which is
made of Plastic and which is primarily intended for a single use. The term shall also include a
stirrer, a device used to mix beverages, intended for a single use, and made from Plastic. The
term Single-Use Plastic Straw shall not include straws provided under any of the following
circumstances:
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(1) When provided with a beverage on private property used as a residence;
(2) When provided by a state, federal or local government agency;
(3) When packaged with beverages prepared and packaged outside of the Township,
provided such beverages are not altered, packaged, or repackaged within the
Township;
(4) When provided as an assistance device to reasonably accommodate a disability.
L. “Single-Use Plastic Utensil”:
(1) means any item used or provided by a Retail Establishment to serve, consume, or
manipulate food or beverages that is primarily made from Plastic, other than a Single- Use Plastic Straw.
(2) includes but is not limited to forks, spoons, sporks, knives, chopsticks, stirrers,
beverage spill plugs, toothpicks, novelty cocktail accessories, and other drink or food
accoutrements.
(3) shall not include Utensils provided under the following circumstances:
(a) When packaged with beverages prepared and packaged outside of the
Township, provided such beverages are not altered, packaged, or repackaged
within the Township, and
(b) When provided as an assistance device to reasonably accommodate a
disability.
§10-703. Single-use Plastic Bags and non-Reusable Bags.
A. Beginning 120 days after the Effective Date, Retail Establishments are prohibited from
providing a Single-use Plastic Bag or a bag that does not qualify as either a Reusable Bag
or a Recyclable Paper Bag to a Customer at the Retail Establishment or through a
delivery. The preceding sentence shall not apply to an Exempted Bag.
§10-704. Single-use Paper Bags.
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A. Beginning 120 days after the Effective Date, Retail Establishments are prohibited from
providing a non-Recyclable Paper Bag to a Customer at the Retail Establishment or through a
delivery.
B. A Retail Establishment may provide a Customer a Recyclable Paper Bag either at the
point of sale, inside the store or through a delivery, if the bag is provided to the Customer for a
charge of not less than $0.10 per Recyclable Paper Bag.
C. All monies collected by a Retail Establishment under this section for provision of a
Recyclable Paper Bag shall be retained by the Retail Establishment.
D. Any charge for a Recyclable Paper Bag shall be separately stated on any receipt provided
to the Customer at the time of sale and shall be identified as the “Carry-Out Bag Charge”
thereon.
§10-705. Reusable Bags.
A, A Retail Establishment may provide a Customer a Reusable Bag at the point of sale.
B. All monies collected by a Retail Establishment under this section for provision of a
Reusable Bag shall be retained by the Retail Establishment.
C. Any charge for a Reusable Bag shall be separately stated on a receipt provided to the
Customer at the time of sale and shall be identified thereon.
§10-706. Signage Requirement.
A. Beginning 90 days after the Effective Date, and for six months thereafter, Retail
Establishments are required to post at all points of sale conspicuous signage informing
Customers that Single-use Plastic Bags and non-Recyclable Paper Bags will no longer be
provided by the establishment as of the date the prohibition begins; explaining what types of
bags and purchases are impacted; and providing any other information the Township may
require by regulation.
§10-707. Expanded Polystyrene Food Service Product.
A. Beginning 120 days after the Effective Date, Retail Establishments are prohibited from
providing an Expanded Polystyrene Food Service Product to a Customer at the Retail
Establishment or through a delivery.
§10-708. Single-Use Plastic Straws.
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A. Beginning 120 days after the Effective Date, Retail Establishments are prohibited from
providing Single-Use Plastic Straws, except upon request of the Customer.
§10-709. Single-Use Plastic Utensils.
A. Beginning 120 days after the Effective Date, Retail Establishments are prohibited from
providing Single-Use Plastic Utensils, except upon request of the Customer.
§ 10-710. Temporary Exemptions.
A. Upon written request of a Retail Establishment, the Township Manager or his or her
designee, may exempt a Retail Establishment from the requirements of this Ordinance for a
period of not more than one year from the Effective Date following a recommendation by
the Environmental Advisory Council only in the following circumstances or situations, and
any exemptions that may be provided pursuant hereto may contain conditions:
(1) The Retail Establishment has a unique circumstance or situation such that there are
no reasonable alternatives to Single-Use Plastic Bags, non-Recyclable Paper Bags or
Expanded Polystyrene Food Product; or
(2) Additional time is necessary to draw down an existing inventory held by the Retail
Establishment of Single-Use Plastic Bags, non-Recyclable Paper Bags, non-Reusable
Bags or Expanded Polystyrene Food Service Product. A Retail Establishment must
submit a receipt reflecting the inventory held by the Retail Establishment in support of
its request for a temporary exemption.
§10-711. Enforcement.
A. The Township Manager or his/her designee(s) shall have the primary responsibility for
enforcement of this Ordinance. In no event shall any citations for violations of this Chapter 10,
Part 7 be issued before 120 days after the Effective Date, for purposes of allowing education and
awareness regarding the requirements of this Ordinance.
B. A person or Retail Establishment that violates the requirements of this Chapter 10, Part 7
shall:
(1) be given a written warning for a first offense with a 30-day grace period before
issuing a second offense;
(2) be subject to a civil penalty of $50.00 for a second offense;
(3) be subject to a civil penalty of $100.00 for a third offense; and
(4) be subject to a civil penalty of $200 for a fourth or any subsequent offense.
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C. Any Retail Establishment that receives an initial written warning notice may file a
request for an exemption to the extent permitted pursuant to Section 10-710 above.
D. In addition to the penalties set forth in this Ordinance, the Township shall be entitled to
its attorneys’ fees and the costs of enforcing this Ordinance, and may seek legal, injunctive, or
other equitable relief to enforce this Ordinance.
E. The failure of the Township to enforce any provision of this Ordinance shall not
constitute a waiver by the Township of its rights to future enforcement hereunder.
II. Repealer.
All other Ordinances or parts of Ordinances that are inconsistent herewith, are hereby
repealed. Further, it is understood and intended that all other section parts, provisions and
Ordinances that are not otherwise specifically in conflict or inconsistent with this Ordinance,
shall remain in full force and effect, the same being reaffirmed hereby.
III. Severability.
The provisions of this Ordinance are severable. In the event that any section, sentence,
clause, phrase, or word of the Ordinance, including any incorporated Appendices, shall be
declared illegal, invalid, or unconstitutional by any Court of competent jurisdiction, such
declaration shall not prevent, preclude or otherwise foreclose enforcement of any of the
remaining portions of this Ordinance. Nothing in this Ordinance shall be interpreted or applied
to create any requirement, power, or duty in conflict with any federal law or laws of the
Commonwealth of Pennsylvania.
IV. Effective Date.
All provisions of this Ordinance shall be in full force and effect five (5) days following
its legal enactment.
ENACTED and ORDAINED this ________ day of ____________________, 2023.
ATTEST: BOARD OF SUPERVISORS OF
NEWTOWN TOWNSHIP
______________________________ _________________________________________
Micah Lewis, Secretary Dennis Fisher, Chairman
_________________________________________
John Mack, Vice-Chairman
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_________________________________________
Elen Snyder, Ass’t Secretary/Ass’t Treasurer
_________________________________________
Phillip Calabro, Member
_________________________________________
Kyle Davis, Member