HomeMy WebLinkAboutORD 1273ORDINANCE NO. 1273
AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA,
AMENDING CHAPTER 5.12 OF THE PALM DESERT MUNICIPAL
CODE, SINGLE -USE CARRYOUT PLASTIC BAGS
WHEREAS, about nineteen billion (19,000,000,000) single -use bags are used
annually in California but less than 5% are recycled; and
WHEREAS, about twenty-two million (22,000,000) single -use carryout plastic bags
are distributed by retail establishments in the City each year; and
WHEREAS, most of these single -use carryout bags are made from plastic or other
material that does not readily decompose; and
WHEREAS, numerous studies have documented the prevalence of single -use
carryout plastic bags littering the environment and blocking storm drains; in the Coachella
Valley, single use plastic bags create a litter problem which is aggravated by windy
conditions here; and
WHEREAS, the City taxpayers must bear the brunt of clean up costs; and
WHEREAS, the City Council of the City of Palm Desert is the decision -making body
for the approval and adoption of this Ordinance; and
WHEREAS, there have been 76 ordinances that apply to over 100 jurisdictions in
California that restrict or prohibit the use of Single -Use Carryout Plastic Bags; and
WHEREAS, there are several alternatives to Single -Use Carryout Plastic Bags
readily available in the City, including reusable bags produced from sustainable materials;
and
WHEREAS, an important goal of the City's Sustainability Plan is to procure and use
sustainable products and services; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, THAT THE FOLLOWING SECTION OF THE PALM
DESERT MUNICIPAL CODE IS HEREBY AMENDED, AS SHOWN IN EXHIBIT A:
SECTION 1. Chapter 5.12 of the Palm Desert Municipal Code is hereby amended
to read as shown in Exhibit A, attached:
SECTION 2. This ordinance shall become effective on October 1st, 2014. The
ordinance provides a 6 month to 12 month operative date for
compliance after the October 1 s`, 2014 effective date.
SECTION 4. That the City Clerk of the City of Palm Desert, California, is hereby
directed to provide at City Hall and to publish a notice of this ordinance
ORDINANCE NO. 1273
with the attached Exhibit A in the Desert Sun, a newspaper of general
circulation, published and circulated in the City of Palm Desert,
California.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the 10th day of Jam, 2014 by the following
vote, to wit:
AYES: BENSON, HARNIK, WEBER, and TANNER
NOES: NONE
ABSENT: SPIEGEL
ABSTAIN: NONE
ATTEST:
RA HELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
CrI- l ( - 2-� t ` f
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VAN G. TANNER, MAYOR
ORDINANCE NO. 1273
EXHIBIT A
CHAPTER 5.12
SINGLE -USE CARRYOUT PLASTIC BAGS
SECTIONS: 5.12
5.12.010
Findings and Purpose
5.12.020
Definitions
5.12.030
Single -Use Carryout Plastic Bags Prohibited
5.12.040
Permitted Bags
5.12.050
Carryout Bag Regulations
5.12.060
Exempt Customers
5.12.070
Operative Date
5.12.080
Penalties and Enforcement
5.12.090
Severability
5.12.010 Findings and Purpose
A. The City Council of the City of Palm Desert finds and determines that the City is
committed to protecting the public health, safety, welfare, and environment, and that
in order to meet these goals, it is necessary for the City to promote the public
purposes served by this Chapter and adopt the following regulations pursuant to
these findings.
B. The City finds that ordinances limiting the use of Single -use Carryout Plastic Bags
have been proven to reduce the amount of pollution and improve quality of life for
the citizens of Palm Desert.
C. The City finds that, except in unusual circumstances, it is feasible and reasonable for
parties who provide Single -use Carryout Plastic Bags to easily transition to paper
bags and move to a model that charges for paper bag use by consumers.
D. The City of Palm Desert recognizes that plastic bags are a public nuisance and
affect public health and impact tourism and quality of life to both residents and
visitors in Palm Desert.
5.12.020 Definitions
A. "Customer" means any Person obtaining goods from a Store.
B. "Food Bank" means is a non-profit, charitable organization that distributes food to
those who have difficulty purchasing enough food to avoid hunger.
C. "Grocery Store" means any retail establishment that sells groceries, fresh, packaged,
canned, dry, prepared or frozen food or beverage products and similar items, and
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ORDINANCE NO. 1273
includes, without limitation, full -line grocery, supermarkets, supercenter retail,
convenience stores, liquor stores and gas stations.
D. "Nonprofit Charitable Reuser" means a charitable organization, as defined in Section
501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or
division of the charitable organization, that reuses and recycles donated goods or
materials and receives more than fifty percent (50%) of its revenues from the
handling and sale of those donated goods or materials.
D. "Operator" means the person in control of, or having the responsibility for, the
operation of a Store, which may include, but not be limited to, the owner of the Store.
E. "Paper Bag Cost Pass -Through" means the cost which must be collected by retailers
from their customers when providing a Paper Bag.
F. "Person" means any natural person, firm, corporation, partnership, or other
organization or group however organized.
G. "Pharmacy" means any retail store, where prescriptions, medications, controlled or
over the counter drugs, personal care products or health supplement goods or
vitamins are sold, but excluding any licensed pharmacy located within a hospital.
H. "Prepared Food" means foods or beverages which are prepared on the premises by
cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no
further preparation to be consumed. Prepared Food does not include any raw,
uncooked meat product or fruits or vegetables which are chopped, squeezed, or
mixed.
"Produce bag" or "product bag" means any bag without handles used exclusively to
carry produce, meats, or other food items to the point of sale inside a store or to
prevent such food items from coming into direct contact with other purchased items.
J. "Public Eating Establishments" means a restaurant, take-out food establishment, or
any other business that receives ninety percent (90%) or more of its revenue from
the sale of Prepared Food to be eaten on or off its premises.
K. "Retail Establishment" means any person, including any 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, grocery stores, department stores, hardware stores, pharmacy,
convenience and liquor stores, and any other retail store or vendor.
L. "Paper Bag" means a paper bag 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 establishment.
M. "Reusable Bag" means either a bag made of cloth or other machine washable fabric
that has a handle, or a durable plastic bag with handles that is at least 2.25 mils thick
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ORDINANCE NO. 1273
and is specifically designed and manufactured for multiple reuse. A reusable bag
must not contain lead, cadmium, or any other heavy metal in toxic amounts, as
defined by applicable State and Federal standards and regulations for packaging or
reusable bags.
N. "Single -Use Carryout Plastic Bag" means any bag that is less than 2.25 mils thick
and is made predominately of plastic derived from petroleum or from bio-based
sources, such as corn or other plant sources.
5.12.030 Single -Use Carryout Plastic Bags Prohibited
A. No retail establishment in the City shall provide a single -use carryout plastic bag to a
customer unless permitted pursuant to Section 5.12.060.
B. No grocery store in the City shall provide any type of single -use carryout plastic bag
to a customer at the point of sale except a reusable bag or paper bag unless
otherwise permitted pursuant to Section 5.12.060.
C. No person shall distribute a single -use carryout plastic bag at any City facility, City -
managed concession, City -sponsored event or City -permitted event unless
otherwise permitted pursuant to Section 5.12.060.
5.12.040 Permitted Carryout Bags
All grocery stores and retail establishments shall only provide, or make available to, a
customer Reusable Bag or a Paper Bag for the purpose of carrying away goods or other
materials from the point of sale, subject to the terms of this Chapter. Nothing in this Chapter
prohibits customers from using bags of any type that they bring to the retail establishment or
grocery store themselves or from carrying away goods that are not placed in a bag.
5.12.050 Carryout Bag Regulations
A. Subject to subsection (B) of this Section, a grocery store, may only provide a paper
bag to customers if it collects a paper bag cost -through from the customer for each
paper bag provided.
B. The paper bag cost pass -through shall be ten cents ($0.10).
C. No grocery store collecting a paper bag cost pass -through pursuant to this Section
shall rebate or otherwise reimburse a customer for any portion of this paper bag cost
pass -through.
D. All grocery stores shall indicate on the customer transaction receipts the number of
paper bags provided and the total amount of the paper bag cost pass -through.
5.12.060 Exemptions
A. Notwithstanding the prohibitions contained in Section 5.12.030:
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Single -use plastic carryout bags or single -use carryout paper bags may be
distributed without charge by restaurants for the transportation of food or
beverages that are provided to customers for consumption on premises, for
take-out or delivery.
2. Prescription paper may be distributed without charge by a pharmacy for the
transportation of prescription medicine.
3. Grocery stores and retail establishments may distribute produce bags or
product bags without charge.
4. A paper bag may be distributed without charge by a retail establishment that
does not distribute any grocery items, including but not limited to, fresh,
packaged, canned, dry, prepared or frozen food or beverage products and
similar items.
B. A grocery store or retail establishment may provide a Customer participating in the
California Special Supplemental Food Program for Women, Infants, and Children
pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Section 2 of
Division 106 of the Health and Safety Code; and a Customer participating in the
Supplemental Food Program pursuant to Chapter 10 (commencing with Section
15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with
one (1) or more Paper Bags or Reusable Bags at no cost.
5.12.070 Operative Date
A. This Chapter shall become operative six (6) months after its effective date for any
grocery store or retail establishment that meets the following standards:
1. A full -line, grocery store or retail establishment with gross annual sales of two
million dollars ($2,000,000), or more; or
2. A grocery store or retail establishment of at least 10,000 square feet of retail
space that sells any perishable or non-perishable goods including, but not
limited to clothing, food, or personal items, and generates sales or use tax
pursuant to Bradley -Burns Uniform Local Sales and Use Tax Law (Part 1.5,
commencing with Section 7200, of Division 2 of the Revenue and Taxation
Code).
B. This Chapter shall become operative twelve (12) months after its effective date for
any grocery store or retail establishment that meets the following standards:
1. A drugstore, pharmacy, supermarket, grocery store, convenience food store,
foodmart, or other entity engaged in the retail sale of limited line of goods that
included milk, bread, soda, and snack foods, including those stores with a
Type 20 or 21 license issued by the Department of Alcoholic Beverage
Control; or
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ORDINANCE NO. 1273
2. A grocery store or retail establishment less than 10,000 square feet of retail
space that sells any perishable or non-perishable goods including, but not
limited to clothing, food, or personal items, and generates sales or use tax
pursuant to Bradley -Burns Uniform Local Sales and Use Tax Law (Part 1.5,
commencing with Section 7200, of Division 2 of the Revenue and Taxation
Code).
5.12.080 Penalties and Enforcement
A. The City Manager, or his/her designee, has primary responsibility for enforcement of
this Chapter. The City Manager, or his/her designee, is authorized to promulgate
regulations and take any and all other actions reasonable and necessary to enforce
this Chapter.
C. Any Store that violates or fails to comply with any of the requirements of this Chapter
can be issued a citation.
D. Fines shall be established and set forth by resolution of the City Council. Established
fines may be modified as appropriate by City resolution.
E. Remedies under this Chapter are in addition to and do not supersede or limit any
and all other remedies, civil or criminal. The remedies provided for herein shall be
cumulative and not exclusive.
5.12.090 Severability
The City Council declares that, should any provision, section, paragraph, sentence or word
of this Ordinance be rendered or declared invalid by any final court action in a court of
competent jurisdiction or by reason of any preemptive legislation, the remaining provisions,
sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain
in full force and effect.
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