Codified in this chapter is an ordinance of the city of Pittsburg relating to regulating the use of plastic carryout bags and recyclable paper carryout bags and promoting the use of reusable bags within the city.
(Ord. 13-1377 § 4, 2013)
[1]
Code reviser's note: Section 7 of Ord. 13-1377 provides, "This ordinance shall be in full force and effective on January 15, 2014."
The following definitions apply to this chapter:
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. Carryout bags do not include bags without handles provided to the customer to transport produce, bulk food or meat from a produce, bulk food or meat department within a store to the point of sale.
means a park, building or other facility located on city property or operated by the city.
means any person purchasing goods from a retail establishment.
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 50 percent of its revenues from the handling and sale of those donated goods or materials.
means the person in control of, or having the responsibility for, the operation of a retail establishment, which may include, but is not limited to, the owner of the retail establishment.
means any natural person, firm, corporation, partnership, or other organization or group however organized.
means any bag made predominantly of plastic derived from either petroleum or a biologically based source, such as corn or other plant sources, which is provided to a customer at the point of sale. Plastic bags include compostable and biodegradable bags but do not include reusable bags, produce bags, or product bags.
means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. "Postconsumer recycled material" does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process.
means foods or beverages which are prepared on 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.
means any bag without handles used exclusively to carry produce, meats, or other food items to the point of sale inside a retail establishment or to prevent such food items from coming into direct contact with other purchased items.
means a restaurant, take-out food establishment, or any other business that receives 90 percent or more of its revenue from the sale of prepared food to be eaten on or off its premises and is located within or doing business within the geographical limits of the city of Pittsburg.
means material that can be sorted, cleansed, and reconstituted using available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste.
means a paper bag that meets all of the following requirements: (1) contains no old growth fiber; (2) is 100 percent recyclable overall and contains a minimum of 40 percent postconsumer recycled material; (3) is accepted for recycling in curbside programs in the city of Pittsburg; (4) displays the word "Recyclable" in a highly visible manner on the outside of the bag; and (5) and displays the percentage of postconsumer recycled material used.
means any commercial establishment that sells perishable and nonperishable goods including, but not limited to, clothing, food and personal items directly to the customer, and is located within or doing business within the geographical limits of the city of Pittsburg. Except as otherwise specified in this chapter, "retail establishment" does not include a public eating establishment or nonprofit charitable organization.
means a bag with handles that is specifically designed and manufactured for multiple reuse and meets all of the following requirements: has a minimum lifetime of 125 uses, which, for purposes of this definition, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet; is machine washable or capable of being cleaned and disinfected; does 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; and, if made of plastic, is a minimum of at least 2.25 mils thick.
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 plastic carryout bags and recycled paper bags, however:
Do not include bags that are integral to the packaging of the product.
Do not include bags without handles provided to the customer to transport produce, bulk food or meat from produce, bulk food or meat department within a store to the point of sale.
Do not include bags without handles provided to the customer to hold prescription medication dispensed from a pharmacy.
Do not include bags without handles provided to the customer to protect a purchased item from damage or contaminating other purchased items at check-out (examples include small paper bag for greeting cards, paper bags to protect bottles, plastic bags around ice cream or other wet items, paper bags used to weigh candy, etc.).
(Ord. 13-1377 § 4, 2013; Ord. 18-1446 § 2, 2018)
No retail establishment shall provide a single-use carryout 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 chapter.
This prohibition applies to bags provided for the purpose of carrying away goods from the point of sale and does not apply to produce bags or product bags.
Public eating establishments shall qualify as retail establishments for purposes of this section and its enforcement.
(Ord. 13-1377 § 4, 2013; Ord. 18-1446 § 2, 2018)
All retail establishments shall provide or make available to a customer only recycled paper carryout bags or reusable bags 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 retail establishment themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store.
Public eating establishments shall qualify as retail establishments for purposes of this section and its enforcement.
(Ord. 13-1377 § 4, 2013; Ord. 18-1446 § 2, 2018)
A.
Any retail establishment that provides a recycled paper carryout bag to a customer must charge the customer for each bag provided, except as otherwise provided in this chapter.
B.
The minimum charge per recycled paper carryout bag shall be $0.10.
C.
All retail establishments must indicate on the customer receipt the number of recycled paper carryout bags provided and the total amount charged for the bags.
D.
All monies collected by a retail establishment under this section will be retained by the retail establishment and may be used for any of the following purposes:
1.
Costs associated with complying with the requirements of this chapter;
2.
Actual costs of providing recycled paper carryout bags;
3.
Costs associated with a retail establishment's educational materials or education campaign encouraging the use of reusable bags, if any; or to
4.
Fund reusable bag giveaways during limited-time store promotions.
E.
All retail establishments must report, on an annual basis, the total number of recycled paper carryout bags provided, the total amount of monies collected for providing recycled paper carryout bags, and a summary of any efforts a retail establishment has undertaken to promote the use of reusable bags by customers in the prior year. Such reporting must be done on a form prescribed by the city manager, and must be signed by a responsible agent or officer of the retail establishment confirming that the information provided on the form is accurate and complete. All reporting must be submitted no later than 45 days after the end of each calendar year.
F.
If the reporting form covering the retail establishment's first year is submitted on time and is compliant with this chapter, then the retail establishment shall participate in self-recertification reporting each subsequent year by completing and keeping the annual report on site and available to the city manager and/or his designee. Each retail establishment shall also keep records that verify data in each year's on-site report. A retail establishment that participates in self-recertification may destroy the completed reports and related records after five years have elapsed since the date of the report.
G.
If the reports required by this section are not timely submitted by a retail establishment, or not maintained in compliance with subsection (F) of this section, such retail establishment shall be subject to the fines set forth in PMC § 8.07.080 and/or be required to submit annual reporting to the city as provided in subsection (E) of this section, in addition to on-site inspections.
H.
Retail establishments are encouraged to provide a minimum credit of $0.05 for each reusable bag brought to the retail establishment by customers who bring reusable bags to the retail establishment for use.
(Ord. 13-1377 § 4, 2013; Ord. 14-1385 § 2, 2014; Ord. 18-1446 § 2, 2018)
A.
All public eating establishments must report, on an annual basis, that they provide or make available to customers only recycled paper carryout bags or reusable bags consistent with this chapter, and may report a summary of any efforts the public eating establishment has undertaken to promote the use of reusable bags by customers in the prior year. Such reporting must be done on a form prescribed by the city manager, and must be signed by a responsible agent or officer of the public eating establishment confirming that the information provided on the form is accurate and complete. All reporting must be submitted no later than 45 days after the end of each calendar year.
B.
If the reporting form covering the public eating establishment's first year is submitted on time and is compliant with this chapter, then the public eating establishment shall participate in self-recertification reporting each subsequent year by completing and keeping the annual report on site and available to the city manager and/or his or her designee. A retail establishment that participates in self-recertification may destroy the completed reports and related records after five years have elapsed since the date of the report.
C.
If the reports required by this section are not timely submitted by a public eating establishment, or not maintained in compliance with subsection (B) of this section, such public eating establishment shall be subject to the fines set forth in PMC § 8.07.080 and/or be required to submit annual reporting to the city as provided in subsection (A) of this section, in addition to on-site inspections.
(Ord. 18-1446 § 2, 2018)
All retail establishments must provide reusable bags to customers, either for sale or at no charge during limited-time store promotions.
Each retail establishment is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags as well as reusable produce bags.
(Ord. 13-1377 § 4, 2013)
A retail establishment must provide at the point of sale, free of charge, either reusable bags or recycled paper carryout bags or both, at the retail establishment's option, to any customer participating either in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare and Institutions Code, the State Department of Social Services Food Stamp program, or other government-subsidized purchase programs for low-income residents.
(Ord. 13-1377 § 4, 2013)
Violation of this chapter is hereby declared a public nuisance; this chapter shall be enforced in accordance with PMC § 1.20.030, except as modified below.
The city manager and code enforcement officer have primary responsibility for enforcement of this chapter. The city manager's office is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, issuing citations, assessing fines and entering the premises of any retail establishment during business hours. Other city staff may assist with this enforcement responsibility by entering the premises of a retail establishment as part of their regular inspection functions and reporting any alleged violations to the city manager.
If the city manager or code enforcement officer determines that a violation of this chapter has occurred, he/she shall issue a written citation to the operator of a retail establishment that a violation has occurred and the potential penalties that will apply for future violations.
Any retail establishment that violates or fails to comply with any of the requirements of this chapter after a written citation has been issued for that violation shall be guilty of an infraction.
If a retail establishment has subsequent violations of this chapter that are similar in kind to the violation addressed in a written citation, the following penalties shall be imposed and shall be payable by the operator of the retail establishment to the city of Pittsburg:
A.
A fine not exceeding $100.00 for the first violation after the written citation is given;
B.
A fine not exceeding $200.00 for a second violation of the same ordinance section within 12 months; or
C.
A fine not exceeding $500.00 for a third and any subsequent violations of the same ordinance section within 12 months.
A fine shall be imposed for each day a violation occurs or is allowed to continue. |
All fines collected pursuant to this chapter shall be deposited in the police support services – administrative citations account to assist code enforcement with its costs of implementing and enforcing the requirements of this chapter. |
Any retail establishment operator who receives a written citation or is assessed a fine may request an administrative review of the accuracy of the determination or the propriety of any fine assessed by filing a citation of appeal with the city manager no later than 30 days after receipt of a written citation or fine, as applicable. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses that the appellant wishes to be considered in connection with the appeal, and an appeal fee in the amount set by resolution of the city council. Failure to timely request a hearing or to pay the appeals processing fee constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies. The appeal will be heard by a hearing officer designated by the code enforcement officer. |
The hearing officer shall conduct a hearing concerning the appeal within 45 days from the date that the notice of appeal is filed, or on a later date if agreed upon by the appellant and the city of Pittsburg, and shall give the appellant 10 business days prior citation of the date of the hearing. The hearing officer may sustain, rescind, or modify the written citation or fine, as applicable, by written decision. The written decision shall be served on the appellant. The hearing officer shall have the power to waive any portion of the fine in a manner consistent with the decision. The decision of the hearing officer is final and effective on the date of service of the written decision, is not subject to further administrative review, and constitutes the final administrative decision. |
(Ord. 13-1377 § 4, 2013)