This chapter may be cited as the "Single-Use Plastic Product
Ordinance."
(Ordinance 2024-06 adopted 3/27/2024)
This country, and our entire globe, is being severely impacted
by plastic pollution. The World Economic Forum estimates that, global
plastic production will triple by 2050, and that the world's
oceans will contain more plastic waste than fish (by weight). Thousands
of single-use plastic bags, expanded polystyrene containers and other
single-use plastic and polystyrene products contribute to public litter,
and deteriorate the health of our ecosystem. A plastic bag has on
average, a 12-minute lifespan from when it's initially used by
a customer at a retail establishment, to the time of being discarded.
It is estimated that those same plastic bags may persist in the environment
for hundreds of years while they photodegrade, breaking down into
micro-plastics that never go away and that have been shown to harm
wildlife and human reproductive health.
(Ordinance 2024-06 adopted 3/27/2024)
The production and disposal of single-use plastic bags, single-use
polystyrene containers, single-use food ware products. Single-use
polystyrene containers create non-recyclable and non-degradable refuse
streams while more environmentally sensitive alternatives are available.
The purpose of this chapter is to protect and enhance the county's
unique and precious environment, wildlife, and beauty through the
reduction of single-use non-compostable or non-recyclable bags and
containers, and to encourage the use of reusable or sustainable options.
(Ordinance 2024-06 adopted 3/27/2024)
Metal or plastic containers which hold catsup, mayonnaise,
and other sauces or spices.
A product made of expanded polystyrene foam that is manufactured,
sold or provided by a retail establishment to a customer for the sole
purpose of being utilized once and then disposed of by the end user.
This includes products intended for use on-site at a retail establishment,
food boxes manufactured for single items, such as hamburgers, and
larger take-out containers and take-home food cartons.
A device that fits into the sip-hole of a beverage container
lid, intended to prevent a beverage from splashing, that is made of
plastic and designed as a single-use product.
Service ware such as a knife, fork, spoon made of plastic.
Single-use plastic bags provided to customers to contain
or wrap:
Loose items, such as fruits, vegetables, nuts, ground coffee,
grains, candies, or small hardware items;
Uncooked meat, fish, poultry, or seafood; or
Any other item for the purpose of separating it from other items
to avoid contamination, prevent damage from moisture, or for sanitary,
public health, or environmental protection purposes.
A box made of non-waxed cardboard or paper.
A paper bag that contains at minimum forty percent post-consumer
recycled content and is one hundred percent recyclable.
Any retail business including, but not limited to, a convenience
store, restaurant, grocery store, pharmacy, food truck, home improvement
store, liquor store, gas station, seasonal or temporary business,
farmers market or farm stand, food or good delivery service provider,
and seller of merchandise and dry goods to consumer. For purposes
of this chapter, food banks and dry cleaners are not retail establishments.
A bag that is designed and manufactured for multiple uses,
is made of cloth or other machine-washable fabric and has stitched
handles; or a polypropylene or recycled-content polyethylene terephthalate
bag that has stitched handles.
A carryout bag made from plastic that is provided to a customer
at the point of sale for the purpose of transporting groceries, food
or other goods and is not specifically designed and manufactured for
multiple uses.
A device that is used to mix beverages and designed as a
single-use product made of plastic.
A single-use, disposable tube made of plastic derived from
either petroleum or a biologically based polymer, such as corn or
other plant sources, used to transfer a beverage from a container
to the mouth of the person drinking the beverage.
(Ordinance 2024-06 adopted 3/27/2024)
(A)
Single-use plastic bag.
(1)
Retail establishments shall not provide single-use plastic bag
or any other bag or box that is not a reusable carryout bag, recycled
content paper bag or recyclable cardboard box for the purpose of carrying
groceries, food or other goods from the point of sale. This subsection
shall not apply to the following:
(a)
Pre-check out bags provided to customers;
(b)
Bags provided for prepared takeout food with a high liquid content
or potential for leakage, as determined by the retail establishment,
that is intended for consumption away from a retail establishment's
premises;
(c)
Laundry, dry cleaning or garment bags, including bags provided
by hotels to guests to contain wet or dirty clothing;
(d)
Bags used to contain or transport live animals, such as fish
or insects sold in pet stores;
(e)
Bags used to transport chemical pesticides, drain-cleaning chemicals
or other toxic chemicals sold at the retail level;
(f)
Bags used to protect paper newspapers from inclement weather
when delivered to customers at their homes; or
(g)
Plastic wrappings, bags or containers distributed by the manufacturer
for packaging or preparing goods for display prior to sale.
(2)
Retail establishments are encouraged to charge a fee for recycled-content
paper bags. Retail establishments are also encouraged to waive such
fee for any persons with a voucher or electronic benefits card issued
under Women, Infants and Children Program (WIC), the Emergency Food
Assistance Program (TEFAP), Temporary Assistant to Needy Families
Program (TANF), or the federal Supplemental Nutrition Assistance Program
(SNAP) also known as basic food stamps.
(B)
Expanded polystyrene plate, cup or food container.
A
retail establishment shall not provide to any customer any expanded
polystyrene cup, plate, or food container from the point of sale.
No retail establishment or food or beverage vendor shall serve or
sell prepared food or beverage in polystyrene packaging and shall
not package eggs, bakery products, fruits or vegetables, or other
prepared food in polystyrene packaging. This subsection does not apply
to any groceries, food or other goods that that have been pre-packaged
in expanded polystyrene by the manufacturer or distributer.
(C)
Single-use plastic stirrer and plastic splash guards.
A retail establishment shall not provide a single-use plastic stirrer
or a plastic splash guard to a customer.
(D)
Single-use plastic straw, plastic utensil, and condiment packet.
A retail establishment shall not provide a single-use plastic
straw, plastic utensil or condiment packet to a customer for in-house,
take-out, or delivery orders, unless that customer expressly requests
a single-use plastic straw, plastic utensils, or condiment packets.
This subsection shall not apply to the following:
(Ordinance 2024-06 adopted 3/27/2024)
(A)
The board shall annually appoint persons to serve as code enforcement
officers and who will be primarily responsible for enforcement of
this chapter.
(B)
If confirms county code enforcement officer confirms that a violation
has occurred the code enforcement officer may issue a notice of violation
to the offending party that indicates the nature of the violation
and that the violation must cease immediately. If the offending party
agrees to remedy the violation, then the offending party will have
twenty-one (21) calendar days to come into compliance. If the offending
party refuses to remedy the violation or fails to come into compliance
within twenty-one (21) working days, the county code enforcement officer
may issue a final notice of violation and file a criminal complaint
in a court of competent jurisdiction seeking penalties as outlined
below.
(C)
Each calendar day during which the violation occurs shall constitute
a separate and distinct offense.
(Ordinance 2024-06 adopted 3/27/2024)
Any owner of a retail establishment who violates any of the
provisions of this chapter shall be deemed guilty of a petty misdemeanor,
and, upon conviction shall be subject to the following penalties:
(1)
First offense.
Upon conviction of a first offense of
violating this chapter, an owner of a retail establishment shall be
punished by a fine not exceeding $50.00.
(2)
Second offense.
Upon conviction of a second offense
of violating this chapter, an owner of a retail establishment shall
be punished by a fine not exceeding $150.00.
(3)
Third and subsequent offenses.
Upon conviction of a
third or subsequent offense of violating this chapter, an owner of
a retail establishment shall be punished by a fine not exceeding $300.00
and/or imprisonment for a period not exceeding three (3) days.
(Ordinance 2024-06 adopted 3/27/2024)
Nothing herein shall preclude the county from instituting any
appropriate action in law or equity to restrain, correct or abate
any violations of this chapter.
(Ordinance 2024-06 adopted 3/27/2024)
