The purpose of this chapter is to regulate the distribution
of plastic bags at retail establishments and food provider establishments
and the use of polystyrene foam. The distribution of plastic bags
and the use of polystyrene foam has significant, ongoing harmful impacts
upon the environment, including:
A.
They
are a major source of litter.
B.
When
littered, they are detrimental to wildlife that ingests them.
C.
They
are persistent in the environment.
(Ord. 2162 § 1, 2018)
For purposes of this chapter and any rules adopted under this
chapter, the following terms have the following meanings.
means the City Manager or the City Manager's authorized representative,
designee or agent.
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.
means to-go containers, bowls, cups, live bait, food trays,
or other common uses in the food industry.
means any material composed of polystyrene (a thermoplastic
material utilizing the styrene monomer) and having a closed cell air
capacity of 25% or greater, or a density of less than 0.787 grams
per cubic centimeter based on an average polystyrene density of 1.05
grams per cubic centimeter, as determined by an analytical testing
laboratory.
means a paper checkout bag provided by a retail establishment
or food provider to customers, meeting the following requirements:
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.
means a bag with handles that is specifically designed and
manufactured for long-term multiple reuse and is
means a plastic bag that is provided by a retail establishment
or food service facility to a customer and is not a reusable bag.
A single-use checkout bag does not include the following:
A bag provided by a pharmacist or pharmacist's assistant to
contain prescription medication purchased by customers of the pharmacy;
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; or
A plastic cover designed and used for protecting garments on
a hanger.
(Ord. 2162 § 1, 2018)
A.
The
City Manager is authorized to administer and enforce this chapter's
provisions.
B.
The
City Manager is authorized to adopt procedures and forms to implement
this chapter's provisions.
(Ord. 2162 § 1, 2018)
(Ord. 2162 § 1, 2018)
A.
A food
provider with greater than 10,000 square feet in specific store size
or on City-owned property may not serve prepared food in any polystyrene
foam product.
(Ord. 2162 § 1, 2018)
A.
If
any retail establishment or food provider violates this chapter, the
City may impose the following penalties and enforcement actions:
1.
Upon
the first violation, the City Manager will issue a written warning
notice to the retail establishment or food provider that a violation
has occurred.
3.
The
City may not impose more than one penalty upon any single location
of a retail establishment or food provider within a 7-day period.
B.
If the City Manager makes a determination that a retail establishment or food provider has violated this chapter or any regulations adopted under this chapter, the City Manager will send a written notice of the violation by mail to the retail establishment or food provider specifying the violation and the applicable penalty as set forth in Subsection A.
(Ord. 2162 § 1, 2018)
