* Amend Code to promote reusable checkout bags and reduce use of single-use plastic checkout bags (Ordinance; replace Code Chapter 17.

Similar documents
THE CITY COUNCIL OF THE CITY OF CALABASAS DOES ORDAIN AS FOLLOWS:

Local Law Number 5 Of County Of Ulster

ORDINANCE NO

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MILPITAS ADDING CHAPTER 5 OF TITLE III OF THE MILPITAS MUNICIPAL CODE RELATING TO SINGLE USE BAGS

ORDINANCE Whereas, this is not a ban on plastic bags, but an incremental implementation plan towards a cleaner city; and,

ORDINANCE NO

Mtr. gaunt"; of. u1nai' i

There are no direct fiscal impacts associated with the staff recommendation.

(City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA BANNING NON-RECYCLABLE PLASTIC DISPOSABLE FOOD SERVICE CONTAINERS

ORDINANCE was passed by the City Council and ordered referred by petition.

Marshall County Board of Supervisors Regular Session September 16, 2008, at 9:00 a.m. Revised 9/17/2008 3:57 PM MINUTES

ORDINANCE NO.1376 C.S. THE CITY COUNCIL OF THE CITY OF MARTINEZ DOES HEREBY ORDAIN AS FOLLOWS:

ORDINANCE NO The Board of Supervisors of the County of Sonoma, State of California, ordains as follows:

ORDINANCE NO

STAFF REPORT SAUSALITO CITY COUNCIL

Disposable Bag Fee Washington, DC Prepared by Neha Bhatt and Michael Ryan

BYLAW NO. 12/007. AND WHEREAS single-use bags have been determined to have detrimental effects on the environment;

in Sections et seq. of the Health and Safety Code of the State of California; herein the State Fireworks Law")

ORDINANCE NO

ORDINANCE NO BE IT ORDAINED, by the Municipal Council of the Township of Denville, in the

RAMSEY COUNTY FOOD PROTECTION ORDINANCE. Resolution # Approved by the Ramsey County Board of Commissioners November 5, 2002

ORDINANCE NO. 553 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SEVERAL CHAPTERS OF

IMC TO ADD TO THE SCHEDULE OF INFRACTIONS; AUTHORIZING THE ADMINISTRATION TO CONDUCT A REUSABLE BAG DISTRIBUTION AND

BOROUGH OF OLD TAPPAN ORDINANCE NO

Subject: Type: Submitted By: RESOLUTION. (Permitted Modifications of Height Restrictions) of the Zoning Ordinance to define and regulate flags.

ORDINANCE NO NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GOLDEN, COLORADO:

ORDINANCE NO. 457 (Declared Invalid through Court System)

Council Agenda Report

STAFF REPORT. MEETING October 24, City Council. Adam McGill, Chief of Police. PRESENTER: Michael Howard, Patrol Lieutenant

Medical Marihuana Facilities Ordinance

AN ORDINANCE OF THE CITY OF CEDAR RAPIDS AMENDING CHAPTER 60A OF THE CEDAR RAPIDS MUNICIPAL CODE, SURVEILLANCE CAMERAS FOR BUSINESSES

ORDINANCE NO. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

ITEM 1 CALL TO ORDER ITEM 2 ROLL CALL ITEM 3 PUBLIC COMMENT ITEM 4 DISCUSSION SAMPLE ORDINANCE REGULATING SHOPPING CARTS ITEM 5 PUBLIC COMMENT

CITY OF DUNES CITY LANE COUNTY, OREGON ORDINANCE NO. 206

ORDINANCE NO

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WOODINVILLE, WASHINGTON, DOES ORDAIN AS FOLLOWS:

WHEREAS, section , Florida Statutes, provides that charter counties may

ORDINANCE # NOW THEREFORE BE IT ORDAINED, by the City Council of the City of American Canyon as follows:

The Board of Supervisors of the County of Riverside Ordains as Follows:

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUNCANVILLE,

BEVERLY HILLS AGENDA REPORT. Meeting Date: February 7, 2017 Item Number: D 8 To:

THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS:

BILL NO ORDINANCE NO.

Borough of Susquehanna Depot Susquehanna County, Pennsylvania. Ordinance No. 467 INTERNATIONAL PROPERTY MAINTENANCE CODE

i. _, - ORDINANCE NO

J82ti5S ORDINANCE NO

Village of Royal Palm Beach Village Council Agenda Item Summary

LEGISLATIVE ANALYST REPORT

E. Adverse Employment Decision means to decline to hire, not promote or discharge a person, or to revoke a person s Conditional Offer of Employment.

AGENDA REPORT. Meeting Date: August 18, Item Number: E 1. To: Honorable Mayor & City Council. From: Laurence S. Wiener, City Attorney

Laguna Niguel Nuisance Animals

AGENDA REPORT. INTRODUCTION This ordinance amends the Municipal Code to limit new or expanded medical uses in commercial zones.

ORDINANCE NO. WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS,

ORDINANCE NO. THE CITY COUNCIL OF THE CITY OF MISSION VIEJO DOES HEREBY ORDAIN AS FOLLOWS:

City of Miami. Legislation. Resolution: R

Title 1 GENERAL PROVISIONS. Chapter 1.01 CODE ADOPTION

ORDINANCE NO. AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF HAPEVILLE, GEORGIA, CHAPTER 11, BUSINESS LICENSING AND

TOWN OF WEST NEW YORK COUNTY OF HUDSON, STATE OF NEW JERSEY ORDINANCE #35/17

ORDINANCE # BE IT ORDAINED by the Borough Council of the Borough of Beachwood, County of Ocean and State of. New Jersey, as follows:

SAN FRANCISCO COUNTY TRANSPORTATION AUTHORITY ADMINISTRATIVE CODE

ORDINANCE. WHEREAS, Resolution called for studies on how to reduce Seattleites use of hard-torecycle

COUNCIL AGENDA REPORT TOWN CODE AMENDMENT A HOME OCCUPATIONS

ORDINANCE NO The City Council of the City of Moreno Valley does hereby ordain as follows:

ORDINANCE NO THE CITY COUNCIL OF THE CITY OF SAN RAFAEL, DOES ORDAIN AS FOLLOWS:

CITY ATTORNEY S BALLOT TITLE AND SUMMARY OF MEASURE LL

BE IT ORDAINED BY THE COUNCIL OF THE CITY OF TOPEKA, KANSAS: Section 1. That section , Fireworks, of The Code of the City of

ORDINANCE NO (RR)

Senate Bill No. 79 Committee on Revenue

ORDINANCE NO R

ORDINANCE NO Town of Rising Sun. Cecil County, Maryland

NEW BUSINESS Agenda Item No. : 8b CC Mtg. : 7/12/2005

ORDINANCE NO. AN ORDINANCE TO AMEND THE CODE OF ORDINANCES OF THE CITY OF HAPEVILLE, GEORGIA; TO AMEND CHAPTER 5, ALCOHOLIC

purpose of regulating electronically amplified loud and raucous noise within the City of Santa Ana.

3 Ordinance repealing the 2010 Plumbing Code in its entirety and enacting a 2013

1 11 [Plumbing Code - Repeal of Existing 2013 Code and Enactment of 2016 Edition]

BE IT ORDAINED by the County Commission of the County of Curry, State of New Mexico. that the following Ordinance is adopted for Curry County.

AN ORDINANCE OF THE CITY OF LA HABRA, CALIFORNIA REPEALING AND REPLACING SECTIONS AND OF CHAPTER 18.

ORDINANCE NO. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CASA GRANDE, ARIZONA: Permitting or Encouraging Underage Drinking

Ordinance No. 544 Public Hearing to Renew the Moratorium on Single Family Residential Subdivisions That Do Not Meet Minimum Lot Sizes

ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PERRIS ADOPTING AN AMENDMENT TO THE

Resolution No

ORDINANCE NO

ORDINANCE NO The Board of Supervisors of the County of Napa, State of California, ordains as follows:

ORDINANCE NUMBER -2..Q.Q..3~) (City Council Series)

ORDINANCE NO

ORDINANCE NO. THE PEOPLE OF THE CITY OF LOS ANGELES SO ORDAIN AS FOLLOWS:

ORDINANCE NO

ORDINANCE NO. WHEREAS, Article XI of the Charter requires the City Commission to place the charter review committee s proposals on the ballot; and

ORDINANCE NO WHEREAS, the City of Grover Beach is a General Law city organized pursuant to Article XI of the California Constitution; and

TOWNSHIP OF WALL ORDINANCE NO ORDINANCE REGULATING THE PLACEMENT AND USE OF CHARITABLE CLOTHING BINS

ORDINANCE NO THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:

STATE OF MICHIGAN COUNTY OF WAYNE CITY OF ALLEN PARK

ATTLEBORO MUNICIPAL COUNCIL DOCKET OCTOBER 16, 2018

29 ordinances that require a criminal history records check and a 3 to 5-day waiting period in

ORDINANCE NO. BILL NO.

SCC NO. AN ORDINANCE OF THE SACRAMENTO COUNTY CODE RELATING TO THE REGULATION OF SHOPPING CARTS

ORDINANCE NO BE IT ORDAINED by the Board of County Commissioners of. known as the Alcoholic Beverages Ordinance is to regulate the

STAFF REPORT NO

STATE OF MICHIGAN COUNTY OF LEELANAU VILLAGE OF NORTHPORT

Transcription:

ORDINANCE No. * Amend Code to promote reusable checkout bags and reduce use of single-use plastic checkout bags (Ordinance; replace Code Chapter 17.103) The City of Portland ordains: Section 1. The Council finds: 1. In 2011, the City Council adopted Ordinance No. 184759 to promote reusable shopping bags and reduce use of single-use plastic checkout bags. As of October 15, 2011, select stores were required to provide only recycled paper bags or reusable checkout bags to customers. 2. Over the past year, a number of jurisdictions have adopted single-use checkout bag policies which include a more expansive range, or even all, retailers or food providers. Examples from cities on the West Coast include: Corvallis and Eugene, Oregon; San Francisco and Santa Cruz, California; and Seattle, Washington. 3. On October 10, 2012, City Council accepted Plastic Bag Ban One-Year Report (Report) brought forth by the Bureau of Planning and Sustainability (BPS). The report findings included: Fewer than five consumer complaints regarding non-compliance Reusable checkout bag use increased 304 percent Highly recyclable paper checkout bag use increased 491 percent. 4. Portland City Council adopted Ordinance 184759 as a first step to promote the use of reusable checkout bags. The policy reduced single-use plastic shopping bag consumption, but this initial scope represents only a modest share of total single-use checkout bag use. 5. In adopting this ordinance, the Council intends to expand the range of regulated or affected businesses to include currently subject businesses and other retail and food establishments on a phased timeline. NOW, THEREFORE, the Council directs: a. The City Code is amended by replacing Chapter 17.103, Single-Use Plastic Checkout Bags, attached as an exhibit to this ordinance, for existing Chapter 17.103. Chapter 17.103 under this Ordinance shall take effect on March 1, 2013 to allow the public and affected businesses time for any necessary transitions. b. After October 1, 2014, the Director of the Bureau of Planning and Sustainability shall return to Council with a report regarding the results of the enactment of this Ordinance and making recommendations as to any potential expansion of the program. Section 2. The Council declares an emergency exists because the on-going use of single-use plastic shopping bags is harmful to the public health and welfare; therefore this ordinance shall be in full force and effect from and after its passage by the Council.

Passed by the Council: Mayor Sam Adams Prepared by: Megan Ponder Date Prepared: LaVonne Griffin-Valade Auditor of the City of Portland By Deputy

EXHIBIT A Chapter 17.103 Single-Use Plastic Checkout Bags 17.103.010 Purpose. The purpose of this Chapter is to regulate the distribution of plastic bags at retail and food establishments. The distribution of plastic bags has significant, on-going harmful impacts upon the environment, including A. Plastic bags are a major source of litter. B. When littered, the material is detrimental to wildlife that ingests it. C. The materials used in plastic bags are persistent in the environment. 17.103.020 Definitions. For purposes of Chapter 17.103, and any rules adopted thereunder, the following terms shall have the meanings specified in this Section. A. Director means the Director of the Bureau of Planning and Sustainability, or his or her authorized representative, designee or agent. B. Food provider means any person in the City that provides prepared food for public consumption on or off its premises and includes, without limitation, any retail establishment, shop, sales outlet, restaurant, grocery store, delicatessen, or catering truck or vehicle. C. Grocery store means any business in the City with gross annual receipts of $2,000,000 or greater, offering for sale items of food and perishable items as well as other household goods and supplies. D. Recycled paper bag means a paper checkout bag provided by a retail establishment or food provider to customers, meeting the following requirements: 1. Contains a minimum of 40 percent recycled content; and, 2. Is accepted for recycling in the City of Portland recycling program regulations under Chapter 17.102 of the City Code. E. Reusable bag means a bag with handles that is specifically designed and manufactured for long-term multiple reuse and is 1. Made of cloth or other machine washable fabric; or 2. Made of durable plastic that is at least 4.0 mils thick. F. Retail establishment means any sole proprietorship, partnership, limited partnership, family limited partnership, joint venture, association, cooperative, trust, estate, corporation, personal holding company, limited liability company, limited liability partnership or any other form of organization located within the City that sells or offers for sale goods to a customer. G. Single-use plastic checkout bag means a plastic bag that is provided by a retail establishment or food provider to a customer and is not a reusable bag. A single-use checkout bag does not include either of the following: 1. A bag provided by a pharmacist to contain prescription medication purchased by

customers of the pharmacy; or, 2. A non-handled bag used to protect a purchased item from damaging or contaminating other purchased items when placed in a recycled paper bag or reusable bag. 17.103.030 Authority of Director to Adopt Rules. A. The Director is hereby authorized to administer and enforce the provisions of this Chapter. B. The Director is authorized to adopt rules, procedures, and forms to implement the provisions of this Chapter. 1. Any rule adopted pursuant to this section shall require a public review process. Not less than 10 nor more than 30 days before such public review process, notice shall be given by publication in a newspaper of general circulation. Such notice shall include the place, time, and purpose of the public review process and the location at which copies of the full set of the proposed rules may be obtained. 2. During the public review, the Director shall hear testimony or receive written comment concerning the proposed rules. The Director shall review the recommendations; taking into consideration the comments received during the public review process, and shall either adopt the proposed rules, modify or reject them. If a substantial modification is made, the Director shall conduct additional public review, but no additional notice shall be required if such additional review is announced at the meeting at which the modification is made. Unless otherwise stated, all rules shall be effective upon adoption by the Director and shall be filed in the Office of the Director and with the City Auditor s Portland Policy Documents repository. 3. Notwithstanding paragraphs 2 and 3 of this Section, an interim rule may be adopted by the Director without prior notice upon a finding that failure to act promptly will result in serious prejudice to the public interest or the interest of the affected parties, including the specific reasons for such prejudice. Any rule adopted pursuant to this paragraph shall be effective for a period of not longer than one year (365 days). Within 5 business days of the adoption of an interim rule, the Director shall send notice of the rule to all the following, giving the language of the rule change, describing the purpose of the rule, and inviting the submission of comments. a. Neighborhood associations recognized by the City Office of Neighborhood Involvement, b. District Coalitions recognized by the City Office of Neighborhood Involvement, c. Business District Associations identified by the City Office of Neighborhood Involvement; and, d. Persons on the Bureau of Planning and Sustainability list of parties interested in administrative rules. 17.103.040 Checkout Bag Regulation.

A. As of March 1, 2013, the following shall provide only recycled paper bags or reusable bags as checkout bags to customers: 1. Grocery stores; or, 2 Retail establishments or food providers with greater than 10,000 square feet in specific store size. B. As of October 1, 2013, all retail establishments and food providers shall provide only recycled paper bags or reusable bags as checkout bags to customers:. C. Violators of the requirements of Subsection 17.103.040 A shall be subject to penalties as set forth in Section 17.103.050. 17.103.050 Enforcement and Penalties. A. Any retail establishment or food provider that violates this Chapter shall be subject to: 1. Upon the first violation, the Director shall issue a written warning notice to the retail establishment or food provider that a violation has occurred. 2. Upon subsequent violations, the following penalties shall apply: a. $100 for the first violation after the written warning in a calendar year; b. $200 for the second violation in the same calendar year; and, c. $500 for any subsequent violation within the same calendar year. 3. No more than one penalty shall be imposed upon any single location of retail establishment or food provider within a 7-day period. B. Upon making a determination that a violation of this code or regulations duly adopted pursuant to this Chapter 17.103 has occurred, the Director will send a written notice of the violation by mail to the retail establishment or restaurant specifying the violation and the applicable penalty as set forth in subsection A. C. Any store receiving a notice of violation must pay to the City the stated penalty or appeal the finding of a violation to the Code Hearings Officer in accordance with the procedures set forth in Section 22.10.030. 17.103.060 Severability. If any Section, Subsection, sentence, clause, or phrase of this Chapter is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Chapter. The Council declares that it would have passed this Chapter, and each Section, Subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more Sections, Subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional, and, if for any reason this Chapter should be declared invalid or unconstitutional, then the remaining Section, subsection, sentence, clause or phrases shall be in

full force and effect.