HomeMy WebLinkAboutOrd 1271A - Sngl-Use Plastic BagsOFFICE. RECEIVED
CITY CLERK.,'IS
2114 MAY 5 Pm 3: og
April 3l20l4
Dear Mayor Tanner,
—~~.~.� F~~s~~~.~~~
Sculptor
74639 Candlewood Street
Palm Desert, CA 92260'4511
| attended the P.D.City Council meeting April Z4,2D14regarding the use ofplastic bags inPalm desert.
The purposed solution will not solve the problem.
It's quite possible that the percentage of the population causing the problem is similar to the
percentage who utilizes the P.D, Aquatic center. While these are two distinct minority groups, your
intention is to have one hundred percent of the residents and visitors pay a punitive tax indefinitely to
support your agenda. While the Aquatic Center may be a worthwhile investment/ongoing expense,
would two bebetter? What about three? Certainly even good ideas reach apoint ofdiminishing returns.
| spoke with four residents prior toattending the meeting and all were negative about the proposed
ordinance as well as knowledgeable about its ramifications. An Ace hardware cashier told me they now
provide biodegradable plastic bags. A Trader Joes cashier mentioned it was a waste of time, effort, and
her money. She added "Why don't they take the money and dosomething with it?Why tell roe)have tu
give it to the store?, but what the hell do I know?" A third thought the Councils effort should be directed
otburying the telephone and power lines. Afourth pointed out how she likes and reuses plastic bags for
her garbage and pet waste, With this law she will now have to pay the stores as well as purchase plastic
bags toaccomplish the same sanitation standards she now enjoys.
it has been reported that reusable bags tend to accumulate bacteria which will then be brought into
the stores to contaminate carts and counters time and time again. The laundering and cleaning of these
bags will use more time energy and resources than the safe, sane, and present solution, which are
plastic bags. If you wish to persist in this effort to solve the 'Plastic Bag Issue', may I suggest using your
newsletter and numerous other avenues at your disposal to educate the populace about irresponsible
behavior concerning plastic bags. I posit this will produce roughly the same results as your proposed ban
without the daily inconvenience tousall.
Afew closing thoughts;
'|fthia|awx/oodinanceissoQoud,xvhyaredheneexernpdomsforFood8anks,etc.?
-Why prohibit the 'Free Distribution of Recycled Paper Bags by Retail Establishments'?
-Why agonize how to figure out all the compliance issues you created by copying other cities policies?
'VVhynotpassanOrdinancethatsimp|ystates'NoP|asticBa8s?8usinessvviUcomp!yfasUerandbette,
with the least amount of inconvenience with their customers. Their customers are the Palm Desert
residents and visitors, the same people who depend on you to make sound decisions on their behalf.
Sincerely,
5/3/14
HALSID
PO BOX 908
PALM DESERT,CA.
92261
HONORABLE
VON G. TONNER
73 510 FRED WAEING DR.
PALM DESERT,CA. 92260
SAVE OUR TREES
USE
PLASTIC
RECEIVED
CITY CLERICS OFFICE
PALM DER T. CA
2634HAY -6 Nikkhl
ORDINANCE NO. 1271A
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.
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 California
Welfare and Institutions Code, with one (1) or more Recycled Reusable 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.
8
ORDINANCE NO. 1271A
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.
9
ORDINANCE NO. 1271A
AN ORDINANCE OF THE CITY OF PALM DESERT AMENDING
CHAPTER 5.12 RELATING TO SINGLE -USE CARRYOUT PLASTIC
BAGS AND PROHIBITING THE FREE DISTRIBUTION OF RECYCLED
REUSABLE 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
reusable 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;
and
ORDINANCE NO. 1271A
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 element 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 placing a charge on recyclable paper 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
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 1st, 2014. The
ordinance provides a 6 month to 12 month operative date for
compliance after the October 1st, 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
2
ORDINANCE NO. 1271A
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, California, 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, California. 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:
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
VAN G. TANNER, MAYOR
3
ORDINANCE NO. 1271A
EXHIBIT 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.
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.
4
ORDINANCE NO. 1271A
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, 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 Recycled Reusable 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. "Recycled Reusable 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 establishmentthat contains no old
o
content; is ono hundred percent (100%) recyclablo; and
visiblo manner on the outside of th�o bag the words "Reusable" and "Recyclable,"
the name and location of the manufacturer, and the percentage of post consumer
with the timeline and specifications of the Amorican S
5
ORDINANCE NO. 1271A
Material (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 Reusable
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 nonfood items and some perishable 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
(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
6
ORDINANCE NO. 1271A
(commencing with Section 7200) of Division 2 of the Revenue and
Taxation Code).
(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 Reusable Bag or a
Recycled RusableReusable 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 distributed 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 shall make Recycled Reusable 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 total number of Recycled Reusable Paper
Bags provided; the total amount of monies collected for providing Recycled
Reusable 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
7
CITY OF PALM DESERT
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
REQUEST: ADOPTION OF AN ORDINANCE TO REDUCE THE USE OF
SINGLE-USE PLASTIC BAGS BY RETAIL ESTABLISHMENTS
WITHIN THE CITY OF PALM DESERT
SUBMITTED BY: Tony Bagato, Principal Planner
DATE: May 8, 2014
CONTENTS: Ordinance No. 1271A
City of Ojai Single-Use Carryout Bags Ordinance
Recommendation
1. Waive further reading and adopt Ordinance No. 1271A approving an
ordinance of the City of Palm Desert, California, adding Chapter 5.12
to the Palm Desert Municipal Code to reduce use of single-use plastic
bags by retail establishments; and
2. Direct staff to continue working with the Citizens' Sustainability
Committee and retail establishments to consider possible modifications
in the future.
Discussion
On April 24, 2014, the City Council continued the second reading of the proposed
ordinance, and directed staff to modify the definition of a Recycled Paper Bag. The
previous definition stated:
"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 baq 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 (ASTM)
Standard Specification for Compostable Plastics D6400, as published in
September 2004.
Staff Report
Single-Use Plastic Bag Ordinance
Page 2 of 3
May 8, 2014
In reviewing the definition, staff is proposing the following modification:
"Reusable 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, and using
again for other purposes.
Staff believes that the proposed language addresses the two concerns raised in the
previous definition. The major concern was related to the requirement for printing
"Reusable" and "Recyclable " the name and location of the manufacturer, and the
percentage of post-consumer recvcled content on the outside of the bag. The second
concern expressed was the requirement that the paper bags had to be made with a
minimum of forty percent (40%) post-consumer recycled content. Staff is recommending
the removal of both of these requirements, and changing the definition to a "Reusable
Paper Bag" instead of a "Recycled Paper Bag". Staff is recommending this change
based on two reasons.
The first reason staff is recommending these two requirements being removed is that it
will allow all stores to continue to use the existing paper bags that they are purchasing
for use today. The second reason is that staff believes that Palm Desert merchants may
begin to use paper bags meeting these requirements (post-consumer recycled content
and information printed on the side of the bag) without having to impose the mandate in
our local ordinance. When these requirements are implemented in other jurisdictions,
those same bags will be delivered to the Palm Desert stores as well. National stores will
want to use a uniform paper bag type at each of their locations, and if the bags are
made of recycled content in the future, then the bags used in Palm Desert will meet
those requirements as well.
During the last City Council meeting, one of the questions asked by a retail
representative was directly related to how many ordinances apply to all retail stores, as
opposed to just grocery, convenience, and drug stores. In California, there are 76
approved ordinances that prohibit distribution of single-use plastic bags in 105 cities and
counties. In researching all the ordinances, approximately 78 percent of the ordinances
apply to all retail stores in the respective jurisdictions. In addition to the 78 percent, 13
percent of the ordinances apply to grocery, convenience, drug stores, and retail stores
larger than 10,000 square feet. The remaining 9 percent only applies to grocery,
convenience and drug stores. The proposed ordinance is consistent with the 78 percent
of the ordinances approved in California. There is also a monetary charge for paper
bags being used by all stores types that are listed in each ordinance.
The City of Ojai has an ordinance with an interesting variation. It prohibits distribution of
single-use plastic bags from all retail stores, but the ordinance requires the 10 cent
charge for paper bags at grocery stores only. The retail stores do not charge 10 cents
for each paper bag used. A copy of the Ojai ordinance is attached for City Council
G:\Planning\Tony Bagato\Sustainability and Greenhouse Gases\Sustainability\Plastic Bags\Regional Ordinance and
CEQA\CCSR_Modified Plastic Bag Reduction Ordinance(2).docx
Staff Report
Single-Use Plastic Bag Ordinance
Page 3 of 3
May 8, 2014
review.
Staff is providing this ordinance to illustrate that the City Council may choose to make
this modification to the ordinance as well. However, staff is not recommending this
change to the current ordinance. Staff believes that further research and discussion is
needed before any modification is made to the 10 cent charge requirement. The current
ordinance was supported by CVAG as a model ordinance for the region, and staff
believes it is important to have the same regulations for consistency in the region. In
addition, the current ordinance was supported by the Palm Desert Citizens'
Sustainability Committee, and staff believes input from the Committee is needed before
any significant changes are made to the current ordinance.
At this time, staff is recommending that the City Council approve the model ordinance
that was supported by both Coachella Valley Association of Governments and the Palm
Desert Citizens' Sustainability Committee with the proposed modification to the
"Reusable Paper Bag" definition. In addition to approving the ordinance, direct staff to
continue to study the ordinance by working with CVAG, the Palm Desert Citizens'
Sustainability Committee and retail establishments to review possible modifications in
the future.
CITY COUNCIL AyG�TION
Submitted By: APPROVED `� DFNiED � �
� 12E E VE OTHER
� MEFTI G DATF. � �L' � �
�
Tony Bagato, Principal Planner " `
NOES:
AB'�I:NT. —A
De artment Head: ����'rt4i�v:._!�, _ ��— _-__--
p vEIZdFG��:U l�Y: "� � � __—�
�g�i�;iza.tl au :�i8e��vit1� City �' c t.'s f)f'{��e
Lauri Aylaian, Director of Community Deve t
Approval:
n M. Wohlmuth, City Manager
G:\Planning\Tony Bagato\Sustainability and Greenhouse Gases\Sustainability\Plastic Bags\Regional Ordinance and
CEQA\CCSR_Modified Plastic Bag Reduction Ordinance(2).docx
C�':;�'���'��T���
Od'c1�INA1�'C�'1V0. �17
A��C������t�£�tJ�'�'a�1 e�, �`��"..�**�O�'�i�"��.,E):����i�'
CITYf�+,�'�.�.,��, �"���'�Olt(�1L4
�,t�DlllT�A NEW�'.�k'AP�'E14 l3,Ele1TIT�E�
"SXNGLE-1'!SE CA.RRY'OUT�AGS,"
�`�Q'7'�"1.,�����` �"��;��T��a�°�C:.�����°��'����, ����
��][ER.�E1S, Ojai is a com�nunity wiYh a veiy special enviroalraent, both natural and
matimade,and the qualit�es of both must be respected so the uniqueness of Ojai cai�flourislz; and
V6�][3EREAS, Ojai's enviz-omnent is in part a reason it is a tourist destination 1nd therefoze
ileeds to Ue protected; and
��+���k�"REA�,poticies within the General Plazi's Open Space Element recognize the�.�eed to
protect the scenic, aesthetiq and visual character of the communiry; and
���:���;R�':AS, uun:iezous studies lZave documeiitecl the prevaleitce of si.ngle use plastic
ca�-�yout bags littering the envirournent, blocicing storm drains, ancl coastal watezways. Furthez-
plastic bags are a significant source of i�larine debris and hazardous to ma►-ine auimais and birds
wluch often confuse p]astic Uags for a source of food; and
WJ3EREA5, from an overall envi.roiune�atal and economic perspective, tl�.e best aiteinative
to single-use plastic carryout Uags is a major shift to reusaUle bags, which is encouraged ttuough
the groceiy store collection of a recyclable paper bag cost pass-th�ough. No �ortion of the cost
pass-through will 6e provided to the City, and consequently, �lte City will not receive any
. revenues fram the retailers' collection of the paper bag pass-�ough, and therefoxe, the cost
pass-through is nol:a fee suUject to Proposition 26; and
'�I=#I+aREAS, it is desirable to the City whenever possible to conserve resources and reduce
the amount of greenhouse gas ezxzissions, waste, litter, pollution and to protect the ��ublic health
and welfare i.uclucling 1oca1 wildlil'e, all of which increases tlie sustainability and quality of life
fo�-Ojai's residents and visitoz-s.
I�10W, THEREFORE, THE CITY COUI�iCII. OF THE CITY 4F 03`AI DOES
I3ERESY ORDAXI�T A�FOLLOWS:
S�'CTIONI. Envu-oninental Detennination. The City Council has xead and considered
the Negative Dec]aration, published January 20, 2012 together with any comments received and
coz�.si.det•ed duri�ng the 30-day pu�lic revietiv period (January 23 to February 21, 2012). The
Negative Deciaration has Ueen prepared zn compliauce cvitli CEQA, and is adequate for this
proposal. No sig�iificant impacts to the envu-onment have been identified that need m.itigation.
The City Council finds that i�o substantial ev�idence has been presented, and that tha project will
not have a significant adverse effect ou the envit�om�neut. The Negative Declaration is in tl�e
custody of the City of O�ai Conamunity Develo�ment Depart�nent, located at Ojai City Hall, 40l
South Ventura Street, Ojai, CA 93023.
/�ttachment A
3-3 Page 1 of 6
i�'C���'.3��2. Chapter 13 is hereby added to Title 5 of the Ojai Municipal Code to read
as foliows:
C'��IP?'Eld 13. �ING�E-US�CAIt�ZYOC1�'��kG,�
Sec. 5--13.101. �e�nitions.
For purpases of this cl�apter, the following �vords or �hrases sha�l have the
�nea�ii.ngs ascribed to themby this chapte�:
(a) `Carryout bag' means any bag that is provided by a retail estaUlishmcnt at
the point of sale to a customec for use to h'ansport or earry away purchases, sueh
as merchandise, goods oz• food, fi•om the retail establishmenl. Carryout bags do
not uzclucle product bags as defined iu tlais chapter.
(b) `Restaurant' mea�Ls any establislunent ui the City of Ojai that p�•ovides
prepac•ed food for public consumption on ar off its premises and 'vncludes, without
Junitation, any store, shop, sales outlet, grocery store,or delicatessen.
(c} `Grocery store' z��ans any retail establislunent that sells groceries, fresl�,
pacicaged, canned, dry, prepared or fi�ozen food or beverage products and similar
iteins, and includes, without limitation, supennarkets, convenience stores, liquor
stores and gasoliue stations.
(d) `Pa�er bag }�ass-tl�rough' means the cost wluch must be collected by
retailers fi-om their customers when providing a recyclable paper bag_
{e) `Product bag' means any bag pro�e�ided. to a customer for use withul a retail
establishment to asszst in the collection or transport of pxoducts to the point of sale
within tl�e reta.il establisiunent, sucll as those dish-ibuted in the produce or meat
section.
(fl `Recyclable paper bag' means a paper carryout bag provided by a retail
establislune�at to a customer at tlie point of sale that ineets the following
requirement:
(1) "�'he paper ca�1-yout bag is accepted for recycling ir� curUside
programs in a majority of households that have access to curbside
recycliug pro m•atns ini the City.
(g) `Retail establisluxzent' ineans any person, includiu.g any coiporation,
partnership, business, faci.lity, vendoz-, organization or individual that sells or
pz�ovides merchaadise, goods or materials, including, wikhout lzmitation, clothing,
food o� perso�al ite��as of any lcind directly to a customez•. Retai! establisbment
includes, withoul lirnitatio��, grocery store, departrnent store, hardware stoz�e,
phatTnacy, convenience and liquor stores and any otber retail store or vendor.
Aftachment A
3--4 Page 2 of 6
(h) `Reusable bag' ineans a l�ag with handles tha.t is s�ecifically designed and
manufactured for z��ultiple k�euse and is either(1) made of cloth or other�vaslzable
t�aterial capavle of being cleaned a��.d ciisinfected, anc�/or (2) made of durable
�lastic that is at least two and o�1e-quarter (2.�5) illils thicic and is suitable for
x�euse.
(i) `Single-use plastic can•yaut bag' nieans any bag that is less tl�an 2.25 ixiils
tluck and is made predomi.uately of plastic derived from petroleum or fiom bio-
basec� sources,such as coi-n ot'othei plant sources.
�ec. 5-13.X02. �rolaabitaon�.
(a) No retail establishment in the City sha71 provide a sing�e-use p�astic bag to a
custoxner unless other4vise permitted pursuant to Section 5-13.104.
{l�) No groceiy store in the City shatl provide any type of can-yout Uag to a
. customez- at tlle point of sale except a reusable bag or a z•ecyclable paper ba�
ui�less otherwise�ennitled pl�rs�ant to Section 5-13.104.
(c) No pei�son shall dist�ibute a si.ngle-use plastic cazYyout bag at any City
facility, City-managed concession, City-spansoz'ed event or City-permitted event
unless otherwise pe�zraitted pl.usuant to Section 5-13.104.
Sec. S-X3.703. Recyclable Puper Bags Cost�"ass-T/zrotagh.
(a) Subject to subsectiott(b) of this Section, a grocet•y store may only provide a
z-ecyclable papez bag to a eustomer if it collects a paper bag cosl pass-th►•ough
fiom tlte customer for each recyclablc paper bag provided.
(U) The paper bag cost pass-tl�rougll siiall Ue teu cents (10¢).
(c} No ,�rocery stoz-e collectiug a pa�er bag pass-tlu�ough pursuant to this
Section shall rebate or othei-vvise reimburse a custorx�er for any portion of this
pass-throu�h.
(d) All grocery stores shall indicate on the customer transaclion receipts tlZe
n��mber of recycIable pa�er bags provided and the total amount of the paper bag
pass-tlu•ough.
(e) On ai� annual basis or as other�vise may be required by the Community
Development Director, or designee, each grocery store rec�uired to collect a paper
bag pass-through shall report to the City, on a fonn appz'oved by City Cauticil.
All moneys collected by the grocery store will be retained by the grocery store,
,�ec. 5-.13.104. Exe�nptiolas
(a) Notcvitl�staading the prohibitions contained in Section 5-13.102:
Attachment A
3_� Page 3 of 6
(1) Single-�se paper or plastic carxyout bags z�aay be distributed
without cliarge by restaa.rants for tlle transportatiou of food or
beverages tl�at are provided to custoiners for coasumprio�� on d�.e
premises, for talie-out or Uy delivery.
(2} Retail establislunet�zts may dishibute product bags and may make
reusable bags available to ct2stomers whethet• tlu•ough sale or
otherwise.
(b) Not�vithstanding the requirements contained in Section 5-13.103, a store
ax�ay pzovide a reusable bag or a recyclable pa�er bag at no cost at the point oX
sale to a customer partieipating in the California Special Supplemental �'ood
Program for Women, Infants and Cluldren pursuant to Article 2 (co�xunez�cing
witli Section 123275) of Chapter I of Pait 2 of Division 106 of the Califo�nia
Hea,lth and Safery Code and/or a custoiner partici��ating in the Supplemental Faod
Program pui�suant to C7�apter 10 (cominencing �vitU Section 15500) of Part 3 of
Divisioi� 9 of the Califoinia Wel�are anci Llstitutions Code.
(c) The City Manager, or designee, includu�g the Co�unu.nity Development
Director, may exempt a retail establishment from the requirements of this chapter
foz•up to a one (1)-year period upon a showzng by tl�e�•etail establishment that tl�e
conditions of this chapte�• would cause t.u�due hardshi��. An "undue hardship"
shall oi�ly be found in:
(1) Circumstances or situations unique to thc zetail eskablislunent sucli
that there are no reasonable alternatives to single-use plastic
ca.rryout bags or a�aper bag pass-through cazmot be collected; or
(2) Cu�cutnstances or situations u�uque to the retail establishment such
that colnpliance with the requirements of Bus chapter would
depz-ive a person of a lega.11y protected right.
, (d) If a z�etail establislunent requires an exeinption beyond the initial exeinption
period, the z-etail eslablislunent ��ust re-apply pi-ior�to th� end of the exe�nption
pez�zod and znust demonsfirate continued undue hardship if it wishes to have the
exeznptian extended. Extensions may only be g�anted for intervals not to exceed
one (1) year.
(e) An exemption application shall iizclude all infoinnation necessary for the
City to n�alce its decision, iucludiizg, but not limited to, documentatioE� showing
the factual support for t�te claimed exemption. The Ciry Nla��ager, or designee,
may requiz'e the appJicant to provide additional information to permit the City to
determine facts rega,tding t�.e exet�a�tion ap�lication.
(t� The City Mauager, or designee, may approve the exeinptiou application, in
�vhole or in p�ut, with such conditions necessary to eizsure furtherance of the
put�ases of tlus o�-dinance.
Attachment A
�_6 Page 4 of 6
{g) Exetnptio��. decisions are effective vzunec]iately, are Fna1 and are not
appealabke.
(h) The City C011E1C1I inay by resolution establis.h a fee for exemption
applications. Tl�e fee shall be sufficient to cover the costs o:f processing the
excmption a�plicat�on.
Sec. S-X3.105 Refste�fies.
{a) The City Council is author�zed to establisl�regulations and to talce auy and
a1J actions reasonable azid necessary to obtaui eompliance with this chapte��,
including, Uut not liznited to, u�specting az�y c•etail establislunent's preinises to
verify compliance.
(b) Any person violatizzg tl�is Section shall be gtulty of an in.�xaction wl�i.ch shall
be punishable by a fiile not exceeding Two Hundred Fifty Dollars ($250.00) oz� a
misdemeanor which shall be punishablc by a tne not excecding One Thousand
Dollars ($1,000.00) o�� by iznp�-�sozuneait iva the County Jai.l for a peiiod not
exceeding slx (6) tnoz�ths or by both such fine anci imprisonment..
(c) T'l�e City Attotney may seek legal, injunctive or othez• equitable relief to
enforce tllis chapter.
(d) Adininistrative enforcement of this chapter shail proceed pursuant to tlae
City's Municipal Code Chapter b of Title 1 with the fines to be graduated for
repeated violations in amounts set foi-th by City Council resolution.
(e) The remeclies and pcnalties provided in this Section are cumutative and not
exclusive and nothing in tlus chapter shall preclude any person fi�om pursuing any
otl�er remedies pzovided by law.
(fl Notwithstanding any ott�er provision of this chapter, this cllapter inay be
enforced tluough any remedy as provided foz in tlais Section."
SECTIO[V 3. Tf any section, subsection, senlence, clause, plu-ase or ��oLtion of this
Ordinance is for any reason held to be invalid or unconstitutional by the final decisioti of any
couit of eompetent jurisdiction, such decision shall not affeet the validity of the remaining
portia�s o£this Ordinance. The City Council declares that it would have adopted this Orclinance,
and eacli section, s�tbsection, sente�lce, clause, p�uase or portion thereof, u�-es�ective of the fact
�at any one or more sections, subsections, phrases or portions inight be declared invalid or
unconstit�tional.
S.�CTION4. The City Clerlc shall cause this Ord'uzance to be published once, witl�in
fifteen {15) calendar d�ys afte�� its passage, in the Ojai Valley News, a newspaper of general
circulation,pri��led,published and cu-culaled u�the City, and shall cause a copy of t11is �rdina►ice
and its cez-tificatioa, together with proof of publication, to be enteced in the Boolc of O��clinances
of the City.
Attachment A
3_� Page 5 of 6
�5.��'��.��Y�5. This Ordinance shall be operative on July 2,2012.
SE�":�`��1V 6. Tlus Ordinance shall become effective on the tJ�irty-f�rst (31) day after its
passage.
Pl$���T��A�PPIZ�VED E�I.�I� ,f�DOPT�+D tIlIS day of , 2012.
CITY OF OJAI
Betsy Clapp,Mayor
ATTEST:
Rhanda K. Basore, City Clerlc
APPROVED AS TO FOR�'VI:
Joseph W, rletcller, City Attorney
Attachment A
3_a Page 6 of 6
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ORDINANCE NO. 1271 � ✓ ,: ,. _. � S eLf-,��f �-/����
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING 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
end the monies collected; and
* By Minute Motion, continued to the
(/ /1 meeting of May 8, 2014, with staff
��;��'�.�,�,�.X�, ' " t��
directed to make the appropriate
��q���.„���,.�.��� _ s ` contacts and rework the language
regarding the printing required
��� �a�������������W on recycled paper bags.
:��
ORDINANCE NO. 1271
WHEREAS, customers can avoid this cost pass-through by using reusable bags;
and
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 element 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 placing a charge on recyclable paper 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
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 1St, 2014. The
ordinance provides a 6-month to 12-month operative date for
compliance after the October 1 St, 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
2
ORDINANCE NO. 1271
impacts of the project under CEQA. Through the preparation of an
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, California, 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, California. 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 OF PALM DESERT, CALIFORNIA
3
ORDINANCE NO. 1271
EXHIBIT 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.
4
ORDINANCE NO. 1271
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, 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 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 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. "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
(ASTM) Standard Specification for Compostable Plastics D6400, as published in
September 2004.
5
ORDINANCE NO. 1271
I,. "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 nonfood items and some perishable 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
(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).
(5) Store does not include Public Eating Establishments or Nonprofit
Charitable Re-users.
6
ORDINANCE NO. 1271
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 Reusable 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 distributed 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 shall 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 total 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.
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
7
ORDINANCE NO. 1271
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 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
provisions, sections, paragraphs, sentences or words of this Ordinance as hereby
adopted shall remain in full force and effect.
8
National List of Local Plastic Bag Ordinances:
Alaska
Bethel
City officials voted in July 2009 to ban plastic bags and takeout containers. The ban went into effect in
September 2010.
Fairbanks
In September 2009, Fairbanks adopted a 5 cent price requirement on plastic bags. This was rescinded
one month later.
Homer
In August 2012, Homer adopted a plastic bag ban. Effective January 1, 2013. A voter initiative to repeal
the ban passed by a narrow margin in October 2013.
Hooper Bay
The plastic bag ban in Hooper Bay went into effect in August 2010.
Arizona
Bisbee
In September 2013, the City of Bisbee banned plastic bags and placed a five cent charge per paper bag
in all stores. Effective April 22, 2014. Prior to this, in December 2012 the city had piloted a voluntary bag
reduction period.
California
Alameda County and City, Albany, Berkeley, Dublin, Emeryville, Fremont, Hayward, Livermore,
Newark, Oakland, Piedmont, Pleasanton, San Leandro, and Union City
The Alameda County Waste Management Authority (StopWaste.org) adopted its ordinance banning
plastic bags and placing a 10 cent price requirement on paper and reusable bags in January of 2012. It
went into effect on January 1, 2013 in unincorporated Alameda County as well as its 14 incorporated
cities.
Arcata
The City Council adopted a plastic bag ban with a ten cent charge per paper
bag. The ban goes into effect in all retail stores February 1, 2014, with the charge going into effect August
1, 2014.
Belmont
Belmont adopted the Reusable Bag Ordinance in January of 2013. All retail stores will be prohibited from
using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective
4/22/13.
Brisbane
The City adopted the San Mateo County's Reusable Bag Ordinance on March 18, 2013. All retail stores
will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a
small charge. Effective 4/22/13.
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Burlingame
Burlingame adopted the San Mateo County's Reusable Bag Ordinance on March 18, 2013. All retail
stores will be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags
for a small charge. Effective 4/22/13.
Calabasas
The Calabasas City Council unanimously adopted a plastic bag ban with a minimum ten cent price
requirement on paper bags in February 2011.
Campbell
The City adopted the San Mateo County's Reusable Bag Ordinance on July 16, 2013. All retail stores will
be prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small
charge. Effective 1/27/14.
Capitola
In January 2013, the city adopted a plastic bag ban with a 25 cent charge on paper bags in all retail
stores. Effective April 2013.
Carmel-by-the-Sea
Carmel adopted a plastic bag ban in all retail stores on July 3, 2012. It went into effect on February 3,
2013.
Carpinteria
Carpinteria adopted the first double bag ban in California on March 12, 2012. Starting in July 2012, large
retailers as specified are prohibited from distributing single-use paper and plastic bags. Starting in April
2013, plastic bags banned in all other retail stores.
Colma
Colma Town Council adopted a Reusable Bag Ordinance on January 9, 2013. All retail stores will be
prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small
charge. Effective 4/22/13.
Culver City
On May 28, 2013, Culver City adopted a plastic bag ban and ten cent charge on paper bags in grocery,
drug, and convenience stores. Effective 12/28/13.
Cupertino
Cupertino adopted a Reusable Bag Ordinance on March 5, 2013. All retail stores will be prohibited from
using single-use plastic carryout bags and may sell paper or reusable bags for a small charge. Effective
10/1/13.
Daly City
The City adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or
reusables) in January 2013. Operative 4/22/13.
Dana Point
The City of Dana Point adopted a ban on single-use plastic bags from all retail stores within city limits on
March 6, 2012. Effective in larger stores April 1, 2013, and all other stores October 1, 2013.
Davis
The Council adopted a plastic bag ban on November 12, 2013. Paper and reusable bags would be
available for a small charge. Effective in all stores and restaurants on July 1, 2014.
Desert Hot Springs
Council adopted a plastic bag ban with ten cent paper bag charge on March 18, 2014. Effective in
supermarket and drug stores by mid September 2014, and in all other stores six months later.
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East Palo Alto
On April 2, 2013, the City of East Palo Alto adopted the San Mateo County's Reusable Bag Ordinance
(ban on plastic bags and charge on paper or reusable bags in all retail stores). Effective October 2, 2013.
EI Cerrito
On September 17, 2013, the City Council adopted a plastic bag ban with charge on paper/reusable bags
in all retail stores. Effective January 1, 2014.
Fairfax
Fairfax adopted its ban on plastic bags August 2007. After a legal challenge by the plastic industry,
Fairfax voters overwhelmingly adopted a plastic bag ban by initiative in November 2008.
Fort Bragg
Fort Bragg banned plastic bags and required a 10 cent paper bag charge in all retail stores. The
ordinance was adopted May 14, 2012. Effective in large stores December 10, 2012, expanding to all
other stores December 2013.
Foster City
Foster City adopted a Reusable Bag Ordinance on January 7, 2013. All retail stores will be prohibited
from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge.
Effective 4/22/13.
Glendale
The City of Glendale adopted a bag ordinance in January of 2013. Similar to LA County's ordinance, it
bans plastic bags and places a 10 cent charge on paper bags. Effective in larger stores and farmer's
markets starting 7/1/13 and expanded to other covered stores 1/1/14.
Half Moon Bay
Half Moon Bay adopted a Reusable Bag Ordinance on March 5, 2013. All retail stores will be prohibited
from using single-use plastic carryout bags and may sell paper or reusable bags for a small charge.
Effective 4/22/13.
Huntington Beach
Huntington Beach adopted a plastic bag ban with a 10 cent charge per paper bag on April 1, 2013.
Applies to all grocery, drug, and convenience stores starting November 1, 2013.
Laguna Beach
In February 2012, the Laguna Beach City Council unanimously adopted a plastic bag ban in all retail
stores. Grocery stores, pharmacies, and convenience/liquor stores must include a 10 cent minimum price
requirement on paper bags distributed. Effective 1/1/13.
Long Beach
On May 17, 2011, the City of Long Beach passed a bag ordinance with a 5-0 vote. It banned single-use
plastic bags and placed a 10 cent minimum price requirement on paper bags. The ordinance went into
effect in larger stores starting in August 2011, and expanded to others stores in 2012.
Los Altos
The City adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or
reusables) in March 2013. Operative 7/4/13.
Los Angeles City
In June 2013, the LA City Council adopted a bag ordinance banning single-use plastic bags and placing a
10 cent charge on paper bags. Effective for large supermarkets in January 2014, and expanded to drug
stores, convenience stores, and other supermarkets in July 2014.
3
Los Angeles County
Los Angeles County banned plastic bags and placed a 10 cent minimum price requirement on recycled
paper bags in November 2010. It was first effective in July 2011, and expanded to all other stores in
January 2012 throughout unincorporated County areas.
Los Gatos
In September 2013, the Los Gatos Town Council adopted a ban ordinance based on the San Mateo
County ordinance (ban on plastic bags, initial 10 cent charge per paper or reusable bags in all retail
stores). Effective 2/3/14.
Malibu
The Malibu City Council voted to ban plastic bags in May 2008.
Manhattan Beach
The Manhattan Beach City Council voted to ban plastic bags in July 2008. The CA Supreme Court
overturned a legal challenge to the ordinance in July 2011 and the bag ordinance went into effect six
months later. The council modified the ordinance in 2012 and again in 2014.
Marin County
Marin County Board of Supervisors voted unanimously in favor of an ordinance restricting the free
distribution of single-use bags in January 2011, effective January 2012. Unincorporated County only.
Mendocino County
The County Board of Supervisors adopted a plastic bag ban with a ten cent paper bag charge on June
12, 2012. Effective in large stores in January 2013, and all other retailers in January 2014. Amendments
to expand the ordinance to restaurants was adopted February 25, 2014, effective August 12, 2014.
Unincorporated County areas only.
Menlo Park
Menlo Park adopted the Reusable Bag Ordinance (San Mateo County Ordinance) on January 22, 2013.
All retail stores will be prohibited from using single-use plastic carryout bags and may sell paper or
reusable bags for a small charge. Effective 4/22/13.
Mill Valley
The City adopted a bag ordinance on October 21, 2013. Plastic bag ban with five cent charge on
paper/reusable bags in grocery, convenience, and drug stores.
Millbrae
On February 14, 2012, the Millbrae City Council adopted a plastic bag ban with a 10 cent requirement on
paper bags. The ordinance goes into effect on September 1, 2012 in all retail establishments, except for
restaurants, non-profits, and dry-cleaners.
Monterey
The Monterey City Council unanimously passed an ordinance on December 6, 2011. The ordinance bans
plastic bags and places an initiai 10 cent minimum price requirement on paper bags for the first year (25
cents after).
Mountain View
In December 2012, the City of Mountain View adopted a Reusabie Bag Ordinance (San Mateo County
Ordinance). Ban on plastic bags and charge on paper/reusable bags in ali retail stores. Effective 4/22/13.
Novato
The City Council adopted a plastic bag ban and ten cent minimum charge per paper or reusable bag in
March 2014. Effective in grocery, convenience, and drug stores.
4
Ojai
Ojai adopted a plastic bag ban on April 10, 2012. Grocery stores may distribute paper bags with 10 cent
price requirement. Effective July 1, 2012 in all retail stores.
Pacifica
In December 2012, the City of Pacifica adopted a Reusable Bag Ordinance (San Mateo County
Ordinance). Ban on plastic bags and charge on paper/reusable bags in all retail stores. Effective 4/22/13.
Palm Springs
Council adopted a plastic bag ban with ten cent paper bag charge on April 2, 2014. Effective in
supermarket and drug stores by November 2014, and in all other stores by May 2015.
Palo Alto
In 2013, the Palo Alto City Council adopted an expansion of a 2009 ordinance to include all stores and
restaurants under its plastic bag ban. Paper and reusable bags would be available with a minimum
charge. Previously, the ordinance only applied to plastic bags at large supermarkets.
Pasadena
In November of 2011, the Pasadena City Council unanimously adopted a plastic bag ban with a 10 cent
minimum price requirement on paper bags. Effective July 1, 2012 for large stores and supermarkets and
December 2012 for convenience stores.
Pittsburg
On October 21, 2013, the Council adopted a bag ordinance, effective in all retail stores by 1/15/14. Plastic
carryout bags are prohibited, and paper and reusable bags are allowed with a small charge.
Portola Valley
The Town adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or
reusables) in January 2013. Effective 4/22/13.
Redwood City
The City adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or
reusables) in March 2013. Operative 10/1/13.
Richmond
The City adopted the first bag ordinance in Contra Costa County on July 16, 2013. All retail stores will be
prohibited from using single-use plastic carryout bags and may sell paper or reusable bags for a small
charge. Effective 1/1/14.
San Bruno
The City adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or
reusables) in January 2013. Operative 4/22/13.
San Carlos
San Carlos adopted the San Mateo County model ordinance (plastic bag ban, charge on paper or
reusables) in March 2013. Operative 7/1/13.
San Francisco
San Francisco became the first city in the nation to adopt a ban on plastic shopping bags in April 2007. In
February of 2012, the Board of Supervisors voted to expand the ordinance to more stores.
San Jose
San Jose City Council passed a ban on plastic bags in December 2010 in all retail stores. It went into
effect in January 2012. Paper bags sold at 10 cents each.
5
San Luis Obispo County and City, Arroyo Grande, Atascadero, Grover Beach, Morro Bay, Paso
Robles, Pismo Beach
The San Luis Obispo County Integrated Waste Management Authority adopted a plastic bag ban with a
10 cent minimum price requirement on paper bags in January of 2012. It went into effect on 10/1/12 in all
seven incorporated cities as well as unincorporated areas of the county.
San Mateo City
The City adopted a Reusable Bag Ordinance on May 6, 2013. Effective June 6, 2013. Plastic bag ban
with a 10 cent charge on paper and reusable bags (increasing to 25 cents on 1/1/2015).
San Mateo County
The Board of Supervisors adopted a Reusable Bag Ordinance on November 6, 2012. Effective 4/22/13 in
unincorporated County areas. Plastic bag ban with a 10 cent charge on paper and reusable bags
(increased to 25 cents on 1/1/2015).
San Pablo
The City adopted a plastic bag ban and 5 cent charge per paper or reusable bag (to increase to 10 cents
after two years)on October 8, 2013. Effective 1/1/14 in all retail stores.
San Rafael
City council adopted a plastic bag ban with 10 cent charge per paper or reusable bag on 3/3/14. Effective
in grocery, drug, and convenience stores starting 9/15/14.
Santa Barbara City
A plastic bag ban and ten cent paper bag charge was adopted on October 15, 2013. Effective in
supermarkets and drugstores in mid April 2014, and in convenience stores by 10/15/14.
Santa Clara County
On April 26, 2011, the County Board of Supervisors voted in favor of a single-use bag ordinance. The
ordinance bans single-use plastic bags and places a 15 cent minimum price requirement on single-use
paper bags throughout unincorporated county areas. It became effective January 1, 2012.
Santa Cruz City
The City Council adopted a plastic bag ban and 10 cent paper bag charge on July 24. Effective in all retail
stores starting April 2013.
Santa Cruz County
On September 13, 2011, the County Board of Supervisors voted unanimously in favor of a single-use bag
ordinance. It bans single-use plastic bags and places a 10 cent minimum price requirement on single-use
paper bags throughout unincorporated county areas. Effective March 20, 2012. An expansion of the
plastic bag ban to restaurants was adopted in October 2012 and went into effect April 22, 2013.
Santa Monica
The Santa Monica City Council unanimously voted for a ban on single-use plastic bags and a cost pass-
through requirement per recyclable paper bag in January 2011.
Sausalito
The City Council adopted a plastic bag ban and ten cent minimum charge per paper or reusable bag in
March 2014. Effective in grocery, convenience, and drug stores.
Solana Beach
On May 9, 2012, Solana Beach became the first city in San Diego County to adopt a plastic bag ban.
Paper bags can be purchased for ten cents each under the ordinance.
6
Sonoma County Waste Management Agency (Sonoma City and County, Cloverdale, Cotati,
Healdsburg, Petaluma, Rohnert Park, Sebastopol,Windsor)
The Sonoma County Waste Management Agency adopted a plastic grocery bag ban on February 19,
2014. Effective in all retail stores starting September 1, 2014. Paper grocery bags may be purchased for
ten cents each.
South Lake Tahoe
On October 15, 2013, the City Council adopted a plastic bag ban in all retail stores and restaurants. First
effective on 1/15/14, and effective in all stores by 10/15/14.
South San Francisco
In December 2012, the City of South San Francisco adopted a Reusable Bag Ordinance (San Mateo
County Ordinance). Ban on plastic bags and charge on paper/reusable bags in all retail stores. Effective
4/22/13.
Sunnyvale
Sunnyvale passed a bag ordinance in December 2011. The ordinance bans single-use plastic bags and
places a 10 cent minimum price requirement on paper bags and reusable bags which later increases.
Starting June 20, 2012 it covers grocery and convenience stores and large retailers, and expands to
cover all retailers by March 2013.
Truckee
The Town of Truckee adopted an ordinance banning single-use plastic bags on November 25, 2013.
Effective in ali retail stores June 1, 2014. Paper and reusable bags can be sold for ten cents each.
Ukiah
City Council adopted an ordinance on May 2, 2012 banning plastic bags and placing a 10 cent charge on
paper bags in all retail stores. The ban is operative starting in large stores within six months of adoption.
Walnut Creek
In March of 2014, the Council adopted a plastic bag ban and 10 cent minimum paper bag charge in all
retail stores and restaurants.
Watsonville
On May 8, 2012, Watsonville became the first city in Santa Cruz County to ban plastic bags in all retail
stores. An initial 10 cent charge on paper bags mandated to increase to 25 cents after the first year.
West Hollywood
City Council adopted a plastic bag ban with 10 cent paper charge on August 20, 2012. Effective in large
stores six months later, all other retail stores one year later.
Colorado
Aspen
The city of Aspen banned plastic bags and placed a 20 cent charge on paper bags in October 2011. It is
effective in May 2012 in the city's two grocery stores.
Basalt
The city of Basalt passed an ordinance placing a 20 cent charge on both single-use plastic and paper
bags in September 2011. It would have been effective May 2012 in grocery stores but was narrowly
overturned by a voter referendum in April 2012.
Boulder
A bag ordinance was adopted in November 2012, requiring grocery stores to charge ten cents per plastic
or paper bag. Effective 7/1/13.
7
Carbondale
The Carbondale Board of Trustees approved an ordinance in October 2011. Like Aspen's ordinance, it
bans plastic bags and places a 20 cent charge on paper bags in grocery stores with 3,500 square feet or
more. A referendum placed the ordinance on the ballot in Aprii 2012 and voters in Carbondale affirmed
the Trustees'decision. Effective May 2012.
Durango
The Council adopted a single use bag ordinance in August 2013. Starting March 1, 2014, grocery stores
would be required to charge 10 cents per single use bag. A voter initiative to repeal the ban passed by a
small margin in November 2013.
Telluride
The town of Telluride, CO banned plastic bags in October 2010. The ban went into effect March 2011,
with a 10 cent price requirement on paper bags.
Connecticut
Westport
In September 2008, Westport became the first Connecticut city to ban plastic bags.
District of Columbia
Washington
The District of Columbia Council voted June 2009 to require retailers to charge a $0.05 fee on ali carryout
bags.
Hawaii
Hawaii County
The Big Island of Hawaii banned single-use plastic bags in January 2012.
Honolulu County
Honolulu banned plastic bags in May 2012. Effective July 1, 2012.
Kauai County
Kauai banned plastic bags in October 2009. The ordinance became effective on January 11, 2011.
Maui County
Maui banned plastic bags in August 2008. The ordinance became effective on January 11, 2011.
Maryland
Montgomery County
The County followed the example of the neighboring District of Columbia and passed a 5 cent minimum
price requirement on single-use plastic and paper bags in May 2011. It is effective January 2012. Applies
to all retailers.
8
Massachusetts
Brookline
The Town of Brookline banned plastic bags from large grocery and retail stores by a vote of 142-53 in
November 2012. Effective December 1, 2013.
New Mexico
Santa Fe
In 2013 Santa Fe adopted a plastic bag ban and 10 cent minimum charge per paper bag in all retail
stores. Before the ban went into effect, the charge was rescinded.
New York
East Hampton
In August 2011, the East Hampton Village Board approved a plastic bag ban. Effective February 2012.
Mamaroneck
In mid July 2012, the Mamaroneck Board of Trustees approved a plastic bag ban. Effective in six months.
Rye
In December 2011, the Rye City Council unanimously adopted a plastic bag ban at all retail stores.
Effective May 7, 2012.
Southampton
In April 2011, the Southampton Village Board unanimously approved a ban on non-biodegradable bags
for retailers, supermarkets and restaurants. Effective November 6, 2011.
North Carolina
Hyde, Currituck and Dare Counties
The North Carolina Legislatures banned plastic in the Barrier Islands in June 2009. The ban was
extended to all businesses in the three counties in 2010.
Oregon
Corvallis
City Council approved a plastic bag ban with a five cent charge per paper bag on July 2, 2012.
Eugene
City Council approved a plastic bag ban with a five cent charge per paper bag on October 22, 2012.
Effective May 1, 2013.
Portland
Portland became the first city in Oregon to adopt a ban on plastic bags in July 2011, after the state
legislature failed to pass a statewide ban. Effective October 15, 2011. An amendment to include all other
retail stores and restaurants goes into effect in two stages on March 1, 2013 and October 1, 2013.
9
Rhode lsland
Barrington
City Council approved the first plastic bag ban in the state in October 2012. Effective January 1, 2013 in
all retail stores and restaurants. Sunsets January 31, 2015 unless the council revisits the ordinance.
Texas
Austin
In March 2012, Austin City Council adopted a sweeping ban on single-use plastic and paper bags in all
business establishments. Effective 3/1/13.
Brownsville
The City of Brownsville became the first in its state to restrict plastic bags in 2009 with a $1 charge per
transaction. The ordinance became effective January 2011. (See Municipal Code, Chapter 46, Article II,
Section 46).
Dallas
The Dallas City Council approved a bag ordinance on March 26, 2014. Single use bags in every retail
store must include a five cent charge. Effective January 1, 2015.
Fort Stockton
In 2010, the City of Fort Stockton banned single-use plastic bags from stores, effective September 2011
(See Municipal Code, Article I, Section 12-9).
Freer
On December 10, 2012, the city council adopted a plastic bag ban in all retail stores. The ban became
mandatory on June 2, 2013.
Kermit
Effective October 1, 2013, single use plastic bags are prohibited in Kermit grocery, convenience, and
drug stores. Paper bags are permitted with a ten cent charge.
Laguna Vista
The Town of Laguna Vista adopted a plastic bag ban on September 11, 2012. Effective January 1, 2013.
Laredo
In August of 2013, the City Council adopted a plastic bag ban for all retail stores, effective January 10,
2015.
South Padre Island
In January 2011, South Padre Island passed a bag ordinance banning plastic single-use carryout bags
that became effective in 2012.
Sunset Valley
Single use plastic bag ban passed in February 2013 for all retail stores. Effective 9/1/2013.
Washington
Bainbridge Island
In April 2012, the City of Bainbridge Island adopted a plastic bag ban in all retail stores. Paper bags are
allowed with a five cent charge. Effective November 2012.
10
Bellingham
Bellingham banned plastic bags and placed a 5 cent minimum price requirement on paper bags in July
2011.
Edmonds
Edmonds banned plastic bags at all retail stores in July 2009.
Issaquah
In June 2012, the city adopted a plastic bag ban with a five cent charge per paper bag in all retail stores.
Effective in large stores 3/1/13, and smaller stores 3/1/14.
Lacey
In February 2014, the city adopted a plastic bag ban with a five cent charge per paper bag for all retait
stores. Effective 7/1/14.
Mukilteo
The City of Mukilteo banned plastic bags in December 2011. Effective 1/1/13.
Olympia
Olympia passed a plastic bag ban with five cent charge per paper bag in October 2013. Effective in all
retail stores on 7/1/14.
Port Townsend
Council adopted a plastic bag ban with five cent charge on paper bag in July of 2012 for all stores.
Effective 11/1/12.
Seattle
In December 2011, the Seattle City Council unanimously passed an ordinance banning single-use plastic
bags and putting a 5 cent minimum price requirement on single-use paper bags. Effective 7/1/12.
Previously, the Seattle City Council voted to require retailers to charge a $0.20 on all single-use carryout
bags in July 2008. The ordinance was overturned by a plastic industry-financed initiative one year later.
Shoreline
In April 2013, the Council adopted a plastic bag ban with a five cent charge per paper bag. Effective
2/1/2014.
Thurston County
In September 2013, the Board adopted a plastic bag ban with a five cent charge per paper bag for all
retail stores. Effective 7/1/2014.
Tumwater
In September 2013, the Council adopted a plastic bag ban with a five cent charge per paper bag for all
retail stores. Effective 7/1/2014.
Source:http://www.cawrecycles.org/issues/plastic_campaign/plastic bags/national
11
Klassen, Rachelle
From: MICHELLE WHITTAKER [blondeclothingboutique@gmail.com]
Sent: Thursday, April 24, 2014 12:20 PM
To: Klassen, Rachelle
Subject: Today's vote on plastic bags.
I can not attend today's meeting but would like to express my concern for the small boutiques on El Paseo. If
this passes it will cause a financial hardship for all of us. I vote NO, to the bag ordinance. I agree to no plastic,
but not the added hoopla needing to be printed on our paper bags. Please don't make it harder for the little guys.
Thank you,--
Michelle Whittaker
blonde clothing boutique
73-200 El Paseo Dr. Suite 3A
Palm Desert, Ca. 92260
760.836.3366
SHOP ON LINE
FIND US ON FACEBOOK
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Evans, Donna
From: Bonczek, Mirena (US) [mirena.bonczek@RalphLauren.com]
Sent: Thursday, April 24, 2014 1:54 PM
To: Evans, Donna
Subject: Plastic Bag Ordinance
Dear Ms. Evans,
I am unable to attend this afternoon's City Council meeting. Please note that I am in support to limit this ordinance to
Grocery Stores only.
Regards,
Mirena
Mirena Bonczek � RALPH LAUREN-PALM DESERT I General Managet � 760 340 2023
RalphLauren.com
RalphLauren.com click here
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Evans, Donna
From: Brittany Leger[BLeger@jamesperse.com]
Sent: Thursday, April 24, 2014 2:09 PM
To: Evans, Donna
Subject: new ordinance palm desert
To whom it my concern,
We request that you please limit the restrictions to grocery stores ONLY.
Thank you so much
Best,
Brittany
Brittany Leger
Store Manager
James Perse Palm Desert
73-061 EI Paseo
Suite 5
Palm Desert, CA 92260
Te I
760 773 6523
Fax
760 773 6524
This message may contain confidential and/or privileged
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by the individual or entity to whom it is addressed. If
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any review, disclosure, copying, distribution or use of
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Evans, Donna
F�om: Leggiadro Palm Desert Store [pd@leggiadro.com]
Sent: Thursday, April 24, 2014 2:26 PM
To: Evans, Donna
Subject: FW: plastic bag ordinance
From: Leggiadro Palm Desert Store
Sent: Thursday, April 24, 2014 2:24 PM
Subject: plastic bag ordinance
We are a designer collection and we are requesting that the ordinance requirements be limited to grocery stores.
Many thanks for your attention to this.
Sandra Schofield
Sandra Schofield
Store Manager
Leggiadro of Palm Desert
73080 EI Paseo
Palm Desert, CA 92260 �:�
760-773-9412 �
PD@Le�giadro.com �p
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Evans, Donna
From: Alexa Garcia [alexag93@yahoo.com]
Sent: Thursday, April 24, 2014 2:45 PM
To: Evans, Donna
Subject: City council meeting
Dear city council,
I am writing on behalf of Rita from Sarit on E1 Paseo. I cannot attend this afternoons
meeting, please limit the requirements of this ordinance to grocery stores only. This
ordinance may be appropriate for grotery stores, but certainly my for retail merchants on el
paseo.
Sent from my iPhone
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2014-04-2414�56 TROY 7fi077611�5» 7603400574 P���
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TROY
The GAI.LERIA
73 111 EL PASEO SUITE 105C
PALM DESERT, CA 82260
760 776 I101
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Please voiCe our stronq vote apainst the ordinance concerning
plastic bags. We, and several other retail apparel stores, cannot selt
high end merchandise as outlined by your ordinance and stay a viable
business.
7he social media profile would make Palm Desert, and especially EI
Paseo, the laughing s#ock of world class shoppers everywhere if this
ordinance was passed as is. How can a thousand dollar white gown be
sold in a reused bag?? What about undergarments?
Fine for g�oceries, but 1 DOUBT YOU'D EVERY SEE AN
EXPENSIVELY Pt�INTED HIGH END GARMENT BAG FLYING AROUND
THE ClTY'S PARKING LOTS.
Finafly, the expense we have already paid to promote our location
with pre-printed bags is huge—the major retailer's even larger. Who
pay's for this?Then again our combined tax revenue (ask Target &
Macy's & Sak's) is needed to pay for all this, isn't it? The irony.
DENNIS TI�OY
APR-25-2014 05: 16 From: To:917603400574 Pa9e:1�1
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Evans, Donna
From: Blaseck Abby[abby.blaseck@us.bottegaveneta.com]
Sent: Thursday, April 24, 2014 3:35 PM
To: Evans, Donna
Subject: Ordinance for bags
I would like to request that you limit the requirements of the bag ordinance to grocery stores only.
Best,
Abby �-+.•
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Evans, Donna
From: YVONNE DOUGHER[ydougher@aol.com]
Sent: Thursday, April 24, 2014 3:06 PM
To: Evans, Donna
Subject: Retailers and bags
Hi I'm the owner of Out of the Closet Designer Consignment located on EI Paseo and am unable to make today's meeting
regarding the bags. Obviously I wouldn't vote for it! I am against it and think this should only be implemented in grocery
stores. Thanks
Out of the Closet Designer Consignment
73200 EI Paseo#4B
Palm Desert
YVONNE DOUGHER
ydouqher(a�aol.com
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Evans, Donna
From: Mare, Nicole [Nicole.Mare@escadaota.com]
Sent: Thursday, April 24, 2014 3:30 PM
To: Evans, Donna
Subject: Grocery Bag Ordinance
I am not sure how to respond to the requirements of the new ordinance regarding Recycled Paper Bags and Reusable
Bags, other than to say that the ordinance should only be required for grocery stores and perhaps sundry stores.
To charge tourists for the privilege of carrying a paper bag, advertising their store of choice, in an area that caters to label
brands and high ticket taste is ludicrous. We rely on the tourist/snow birds to purchase and support our local businesses.
Next thing you will be advocating that we tax them for a zip garment bag, because it has polyurethane in it. Or how about
the drycleaners, are you going to start taxing each plastic bag that they pull over a clean garment? Imagine the outcry, if
people had to start bringing their own laundry bags to pick up their dry cleaning.
We cater to a client that has wealth and our ticket prices reflect that, but to ask them to pay for the privilege of frequenting
their favorite stores and having to worry about what type of bag they want to their new purchase to home in,just takes the
fun out of the whole luxury shopping experience.
I vote" NO"to extending this ordinance to the Merchants on EI Paseo.
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Evans, Donna
From: Michael Kneebone [canyonrdcollecti@aol.com]
Sent: Thursday, April 24, 2014 3:15 PM
To: Evans, Donna
Subject: BAGS
To whom it may concern,
I would like to offer my opinion that the ordlnance requiring recyclable bags should be limited to GROCERY STORES
ONLY. Thank you for your time.
Sincerely, Michael Kneebone
CANYON ROAD COLLECTION
72-300 EI Paseo, Suite 2C
Palm Desert, CA 92260 �'�
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Evans, Donna
From: jcdeluca@verizon.net
Sent: Thursday, April 24, 2014 3:44 PM
To: Evans, Donna
Subject: Paper bag ordinance
Dear D. Evans,
Our store does not give out that many paper bags to our customers. They most often put the jewelry in a purse
or wear it out of the store. However, to require charging one of our clients $0.10 for a paper bag is not in
keeping with our philosophy of good customer service. It makes us look petty and money grubbing. And, what
exactly is the city planning to do with the money raised by what is essentially a new tax? This ordinance
sounds like an excellent idea for grocery stores or pharmacies, somewhere people shop on a regular basis and
will be aware of the need to bring there own shopping bag. It is unreasonable to expect our visiting snowbird
clients to know all the ins and outs of our shopping bag ordinances. This seems wrong for the shops on El
Paseo as well as anti-tourist. Thank you for your consideration in this matter.
Yours,
M. Elaine Dayton
Office Manager
Fernando Olivares
General Manager
DeLuca Jewelers
73655 El Paseo Ste F ���
Palm Desert Ca. 92260 �
760-773-1763 �
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fax 760-773-3602 �'
1-800-548-3517 -v
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Apr 24 14 04:15p The Upper Crust 1-760-568-9158 p.1
Er►vironmental Concepts and Creatians, ln�,
DBA The Upper Crust
73-540 E/Paseo, Suite C r �
Pa/m Desert, CA 9,2260 �
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(760J 568-1998 j�I760) 568-3998 -o
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Via Facsimile (760) 34p-0574
Apri124, 20.�4
Palm Desert City Council
73-510 Fr�ed Waring pr�ve
Palm Desert, CA 9Z210
Re: Propos�ed Plpstie Baq Bpn
Dear Counci! M'embers:
While we are unable to attend today's meetingr, as we are t in
to run our business, we did want our v ' � g
orces to be heard wifh
reg►ard to the afore-mentioned ban.
Apr 24 14 04:15p The Upper Crust 1-760-568-9158 p.2
We, li�ke most other residents in the Coache/la Va!
to see someth�n do� Ie�, w°u�d fove
g e about the sinqle use plastic bags, used
rimaril b smal/ rocers and su errrrarkets that
everyw�ere and create an �r� d�scarded
d eyesore.
However, we are o�posed to the ,�an that �s bein
9► prapased, as it
gves far beyand what is necessary to address this s ' '
pe�rfic
problem and it will on/y �reate hardships for sma!/ bu •
as ours. Our plastic 6pgs are mu/ = $1ness such
tr pl y, reusa�ale r�nd recyela#ale.
In order to reduce cests, which are typica/! assed
Y p on to the
custvmer, we purchase our bags, ppper and p/astic in HU
GE
QUA�NTITlES. INe now have upward af�I�,OOO.QO w
ortl� of paper
�1 ND plastic bags, intended to get us thrvu h the nex
seasons, that DO /VOT m � �' several
eet the propased requirements. What
are �ve sup�osed to do with our inventory? There has to b� a
more fair and balanced solution to this problem than a ar
reachrng Ordinance such �
as this one!!
Sincerely,
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Douqlas A. Lair�re!/in — pwner
Steven D. Roh/in - Qwner
04/24/2014 15:29 FAX 3239659406 THEODORE OFFICE (�001
TN�:O��RE
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APRIV_ 24 .2Q1_4 �
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TO: P14LM DESERT CfTY COUNCIL r
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RF� PI ,�l►S-l'K;RA[A t1R�11NANrF i i
TO WIHOM IT MAY CONCERN,
QN B�:HA�.F OF THEODQRE AT 73-1.3�_EL.PASE+Q. I_WQl1LC1 L,�KE.-E1�RESS MY
GRIEVIANC:E REGARDING THE PLASTK�B�AG ORDINANCE. WE SHARE YQUR
CONC;ERNf FOR THE ENVIRt}NMENT BWT AS RETAILERS,OUR BAG IS PART OF OUR
����'�lS��So v11�N!�'�I�.��..n o r,.��arn:u�.;suu��.ao�._n�n�T uvn��L.r�F�
PASE��BE:WITHOUT PEOPLE CARRYING BEAUTIFUL SHOPPING BAGS FRQM
UPSC.+4LE RETAfLERS?OUR BAGS ARE MADE OF PAPER.THEY C,AN BE REUSED AND
��EY C,�I��Q.��-�A.�G��B��aF��L- �'�-�Aa+!��EE���f�ST����!
AND w�HQt/LD BE LIMITED TO GRUCEFtY STORES AND THE LIKE.AND YE3, I W4ULD
��'II't�-�II��GIAIT1NlJE 7-HE U�E�F P�:�1�TlG-B�4GS ALTC�G�ET��.
T�ANf I��(G1�!N AQVAI�1��Ui�Yt�#�SIDER/4T�lr
S1NC,.�;REL'Y,
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Evans, Donna
From: Louise Sholander[Isholander@fpcolor.com]
Sent: Thursday, April 24, 2014 4:51 PM
To: Evans, Donna
Subject: Ordinance Clothing Retailers to charge for bags
As a store manager on EI Paseo To charge this fee to our customer is wrong,to my understanding the bag ordinance
was to stop the use of plastic bags polluting the environment. It looks as if the the city wants to tax the purchase of the
bags and make a profit.Shame on you ! This ordinance should only apply to Grocery stores.
Louise Sholander
SM Fresh Produce
760-568-5250
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Evans, Donna
From: POMPEII'S Apparel [pompeiifinemensapparel@verizon.net]
Sent: Thursday, April 24, 2014 3:54 PM
To: Evans, Donna
Subject: Recycled Paper bags
Aware there is a meeting today to discuss an ordiance on Recycled Paper Bags and personally feel that this would
be offensive to potential customers here on EI Paseo.
EI Paseo shops have always portrayed itself as an area of mid to hi end shops and by making stores utilize recycled
paper bags or even charging a customer 10 cents who may have just spent several hundreds of dollars for product, I find
this a bit absured.
While this may be more suitable or appropriate for grocery stores but certantly not Shops on EI Paseo
In closing I am totaly against this idea and if this is a way for the city to try and drum up more revenue dollars for its kitty
then maybe the city will pick up the costs associated with paper bags and with printing, graphics as this is an expense I
am sure the city doesn't want! City Government does not belong in retail so stay out of it!
Sincerely, Chester Pompeii
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Evans, Donna
From: Ellen Salkin [laser.express@verizon.net]
Sent: Tuesday, April 29, 2014 10:23 AM
To: Evans, Donna
Subject: bags
I feel very strongly that this ordinance should pertain to grocery stores only. The EI Paseo shopping area has many
upscale stores and i feel that part of the shopping experience is toting attractive bags provided by the merchants.
Thank you
Ellen Salkin RN Laser MedSpa
73655 EI Paseo Ste N
Palm Desert
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Rpr 29 z014 11 : 09 CRCTUS FLOWER SHOES 17607791153 page 1
Cactus Flower Shoe Salon
73�� �l. �a�eo� �'a�m D��sert �� �22�6a � a�
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Dear City Council, � >�
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I am writing today to request that you please, please limit the bag
ordinance to Grocery Stores and Convenience Stores.
As a rnerchant of a.small business this ordinance creates extra work, extra
expense and cuts down on our advertising abilities.
As far as the care of our Earth and environment, we use American Made, 100%
recyclabie and re-usable bags with OUR Name on them,
Thank You for Your Time,
Carey Woods
Apr 29 2014 11 : 37 CRCTUS FLOWER SHOES 17607791153 page 1
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