The URL can be used to link to this page

Home My WebLink AboutOrd 1273 - Sngl-use Plasctic Bags c J - � - . . :�:� � . �a�,�aaxs+s+r-n�xec�ec�.- � ��.P��„� `, "� ;�((i� � � �..�—�»�;�.,,....�.... � � � �=�� t9�a�..�.��.,e...�-._ ORDINANCE NO. 1273 � ��=�` �a� ,•,� r��'�. /� Q. . � �.� r��.,°r�.. �'��a��.�ial1�/ �� AN ORDINANCE OF THE CITY OF PALM�=�FRT ro� �FnRNiq �� AMENDiNG CHAPTER 5.12 OF THE PALM DESERT MUNiCiPAL � CODE, SINGLE-USE CARRYOUT PLASTIC BAGS WHEREAS, about nineteen biliion (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 SHt7WN 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, 2Q14. The ordinance provides a 6 month to 12 month operative date for compliance after the October 1 St, 2014 effective date. SECTION 4. That the City Clerk of the City of Palm Desert, California, is hereby directed to pravide at City Hall and to publish a notice of this ordinance ORDMNAIVCE NO. � with the attached Exhibit A in the Desert Sun, a newspaper of general circulation, published and circulat+ed 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 day of , by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: VAN G. TANNER, MAYOR ATTEST: CITY COVNCILA�ION RACHELLE D. KLASSEN, CITY CLERK ApPROVED � flE1v1ED CITY OF PALM DESERT, CAUFORNIA R C �D OTHER MEE G DA 7'� ' �� AYES: f � NOES: - ABSENh ABSTAIN: VERIFIED BYs Original an File wtth City rk's Oftice 2 ORDINANCE NO. 1273 EXHIBiT A CHAPTER 5.12 SINGLE-USE CARRYOUT PLASTIC BAGS SECTIONS: 5.12 5.12.010 Findings and Purpose 5.12.024 Definitions 5.12.030 Singie-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 Patm 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 3 ORDINA�JCE NO. �2�3 inciudes, without limitation, fuil-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 Intsrnal Revenue Cade 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°/a) of its revenues from the handling and sale of those donated goods or materials. D. "Operator" means #he person in control of, or having the respon�ibility 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 callected 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. 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. "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 4 ORDINANCE NO. �2�3 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 com 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 paint 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.Q60 Exemptions A. Notwithstanding the prohibitions contained in Section 5.12.030: 5 ORDINANCE NO. 1273 1. Single-use plastic carryout bags or single-use carryaut 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 af 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-Bums Uniform Local Sales and Use Tax Law (Part 1.5, commencing with Section 7200, of Division 2 of the Revenue and Taxation Cade). 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 6 ORDINANCE NO. �_ 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 Uss 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 Cour�cil. 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. 7