HomeMy WebLinkAboutSupplmnt Info - Ord 1271 ORDINANCE N0. 1271
provisions, sections, paragraphs, sentences or words of this Ordinance as hereby
adopted shall remain in full force and effect.
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ORDINANCE NO. 1271
AN ORDINANCE OF THE CITY OF PALM DESERT AMENDtNG
CHAPTER 5.12 RELATING TO SINGLE-USE CARRYOUT PLASTIC
BAGS AND PROHIBITING THE FREE DISTRIBUTION OF RECYCLED
PAPER BAGS, BY RETAIL ESTABLISHMENTS.
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, this ordinance requires stores that decide to make recycled paper
carryout bags available to their customers to pass-through the reasonable cost of
providing these bags;
WHEREAS, based on this analysis, the City has determined that a minimum
cost pass-through of $0.10 per paper bag would cover the reasonable cost to a store of
providing the paper bags to its customers; and
WHEREAS, over 90 jurisdictions in California have approved ordinances that
impose paper bag fees on the customers requesting these bags and these fees have
proven very effective at generating a major shift in consumer behavior toward the use
of reusable bags and significantly reducing bag consumption; and
WHEREAS, the proceeds from the collection of the paper bag pass-through
would be retained by the retailer and this ordinance does not specify how the retailers
must expend the monies collected; and
WHEREAS, customers can avoid this cost pass-through by using reusable bags;
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ORDINANCE NO. 1271
WHEREAS, no portion of the cost pass-through will be provided to the City and
consequently, the City will not receive any revenues from the retailers' collection of the
paper bag cost pass-through; and
WHEREAS, therefore, the cost pass-through is not a fee subject to Proposition
26; and
WHEREAS, a paper bag cost pass-through is an essential eiement of the
proposed ordinance as it is intended to provide a disincentive to customers to request
paper bags when shopping at regulated stores and to promote a shift towards the use
of reusable bags by City of Palm Desert consumers; and
WHEREAS, the California Grocers Association, a non-profit trade association
representing over 500 retail member companies, in an October 24, 2013 letter to the
CVAG Executive Committee, has encouraged CVAG and its member jurisdictions to
commit to a regional effort and move forward with an approach to regulate single use
plastic bags that includes ptacing a charge on recyclable paper bags; and
WHEREAS, there are several alternatives to Single-Use Carryout P{astic Bags
readiiy 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
WHEREAS, it is the City's desire to lead by example and whenever possible to
conserve resources, reduce the amount of greenhouse gas emissions and solid waste,
and to protect the public health and welfare including local wildlife, all of which increase
the quality of life for City of Palm Desert residents and visitors.
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 of the Palm Desert Municipal Code is hereby amended
by adding a new Section 5.12 to be numbered and entitled and to
read as shown in Exhibit A, attached:
SECTION 2. This ordinance shall become effective on October 1 S�, 2014. The
ordinance provides a 6 month to 12 month operative date for
compliance after the October 1 S�, 2014 effective date.
SECTION 3. The City of Palm Desert (City), in its capacity as the Lead Agency
for this project under CEQA, evaluated the potential environmental
impacts of the project under CEQA. Through the preparation of an
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ORDINANCE NO. 1271
Initial Study, the City has determined that the proposed project
COULD NOT have a significant effect on the environment, and a
Negative Declaration has been prepared. The Initial Study meets
the requirements of the State of California CEQA, the State CEQA
Guidelines, and the City of Palm Desert Guidelines for the
Implementation of CEQA.
SECTION 4. That the City Clerk of the City of Palm Desert, Califomia, is hereby
directed to provide at City Hall and to publish a notice of this
ordinance with the attached Exhibit A in the Desert Sun, a newspaper
of general circulation, published and circulated in the City of Palm
Desert, Califomia. This ordinance shall be in full force and effect thirty
(30) days after its adoption.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held on the day
of , by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
VAN G. TANNER, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY �F PALM DESERT, CALIFORNIA
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.�, ... _. .. . _
ORDINANCE N0. 1271
\�
EXHIBIT A a
,,
� CHAPTER 5.12
USE OF 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.
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C. "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, ar 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 Recycled 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 vegetabies which are chopped, squeezed, or
mixed.
I. "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. "Recycled 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 that contains no old growth fiber
and a minimum of forty percent (40%) post-consumer recycled content; is one
hundred percent (100%) recyclable; and has printed in a highly visible manner on
the outside of the bag the words "Reusable" and "Recyclable," the name and
location of the manufacturer, and the percentage of post-consumer recycled
content. The Recycled Paper Bag is capable of composting, consistent with the
timeline and specifications of the American Society of Testing and Material
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ORDINANCE N0. 1271
(ASTM) Standard Specification for Compostable Plastics D6400, as published in
September 2004.
L. "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
mil thick 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.
M. "Single-Use Carryout Plastic Bag" means a bag other than a Reusable 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. Single-Use Carryout Plastic Bags do not include bags without
handles provided to the Customer (1) to transport produce, bulk food, or meat
from a produce, bulk food, or meat department within a Store to the point of sale;
(2} to hold prescription medication dispensed from a pharmacy; or (3) to
segregate food or merchandise that could damage or contaminate other food or
merchandise when placed together in a Reusable Bag or Recycled Paper Bag.
N. "Store" means any of the following retail establishments located within the City
limits of the City of Palm Desert.
(1} A full-line, self-service retail store with gross annual sales of two million
dollars ($2,000,000), or more, that sells a line of dry grocery, canned
goods, or nonfoad items and some perishabfe items;
(2) A store 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 the
Bradley-Burns Uniform Local Sales and Use Tax Law (Part 1.5
I (commencing with Section 7200) of Division 2 of the Revenue and
Taxation Code); or
(3) A drug store, pharmacy, supermarket, grocery store, convenience food
store, foodmart, or other entity engaged in the retail sale of a limited line of
goods that includes 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
(4) A store of 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 the
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).
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ORDINANCE N0. 1271
(5) Store does not include Public Eating Establishments or Nonprofit
Charitable Reusers.
5.12.030 Single-Use Carryout Plastic Bags Prohibited
A. No Store shall provide to any customer a Single-Use Carryout Plastic Bag.
B. This prohibition applies to bags provided for the purpose of carrying away goods
and does not apply to produce bags or product bags.
5.12.040 Permitted Bags
All Stores shall only provide, or make available to, a customer Reusabfe Bag or a
Recycled 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 Store themselves or from
carrying away goods that are not placed in a bag, in lieu of using bags provided by the
Store.
5.12.050 Carryout Bag Regulations
A. No Store, to include grocery store or pharmacy, shall provide a Single-Use
Carryout Plastic Bag to a customer, 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 except as provided in this Section.
B. 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 provided in this Section.
C. Single-use Carryout Plastic Bags may be dis#ributed to customers by food
providers for the purpose of safeguarding health and safety during the
transportation of prepared take-out foods and liquids intended for consumption
away from the food provider's premises.
D. A Store shal! make Recycled Paper Bags available to Customers for a minimum
charge of ten cents ($.10) per bag. The sale of each bag shall be separately
itemized on the sale receipt.
E. All Stores must keep records of the tatal number of Recycled Paper Bags
provided; the total amount of monies collected for providing Recycled Paper
Bags, and a summary of any efforts a Store has undertaken to promote the use
of reusable bags by customers in the prior calendar year. Such records must be
made available for the City Manager or his/her designee, to review at any time.
These records may be kept at the retailer's corporate office.
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ORDINANCE NO. 1271
5.12.060 Exemptions
A Store 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 Califomia
Welfare and Institutions Code, with one (1) or more Recycled Paper Bags or Reusable
Bags at no cost.
5.12.070 Operative Date
This Chapter shall become operative six (6) months after its effective date for Stores
defined in Subsections N(1) and N(2} of the Definitions Section. This Chapter shall
become operative twelve (12) months after its effective date for Stores defined in
Subsections N(3) and N(4) of the Definitions Section.
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.
B. If the City Manager, or his/her designee, determines that a violation of this
Chapter has occurred, he/she will issue a written warning notice to the operator
of a Store that a violation has occurred and the potential penalties that will apply
for future violations.
C. Any Store that violates or fails to comply with any of the requirements of this
Chapter after a written warning notice has been issued for that violation shall be
guilty of an infraction.
D. All administrative civil 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
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