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HomeMy Public PortalAbout080_010_Ashley Workman MAYOR CITY MANAGER Jason Buelterman �,. `� Diane Schleicher CITY COUNCIL CLERK OF COUNCIL Wanda Doyle,Mayor Pro Tern Janet LeViner Barry Brown 14/Jan Fox f CITY ATTORNEY Bill Garbett i Edward M. Hughes Tom Groover 46,_I ` Paul Wolff ' CITY OF TYBEE ISLAND City Council Age Ageildp Item Request Agenda Item Requests must be submitted to the Clerk of Council by 5:00PM the Thursday prior to the scheduled Council meeting. If this form is received after the deadline,the item will be listed on the next scheduled agenda. Council Meeting Date for Request: ' e ii c- Item: 35elle Use- -17(a c triskie. Ord- r4 FVe-OPO 5GLA r e Explanation: P p VI O u nom. Budget Line Item Number(if applicable): Paper Work: 7Attached* Already Distributed vz To Be Handed Out at Council Meeting(by Requester) Audio/Video Presentation* ** Audio/video presentation must be submitted to the IT department at City Hall By 5:00PM the Thursday prior to the next scheduled City Council Meeting NOTE: Request will be postponed if necessary information is not provided. Submitted bye *_ ___ \ §f— Phone/Email: z. Comments: 10/9 / Date given to Clerk of Council * * * P.O.Box 2749—403 Butler Avenue,Tybee Island,Georgia 31328-2749 *Certified* (866)786-4573—FAX(866)786-5737 City of www.cityoftybee.org , 8 CITY OF TYBEE ISLAND SECTION 1. City of Tybee Island hereby finds as follows: A. As a coastal city, Tybee Island has a strong interest in protecting the marine environment an element which contributes to the unique quality of life in the City; B. Plastic and paper bags each have negative impacts on the environment. It is well known that paper bags require more energy to manufacture and recycle and generate effluent during these processes. It is also known that paper bags are bulkier and heavier than plastic bags. C. However a primary and significant problem with plastic bags is that they do not biodegrade and are extremely light and easily caught in the wind. In a coastal city like Tybee Island even plastic bags which are properly discarded can find their way into the marine environment where they do not break down and essentially remain indefinitely. D. Because there is a strong possibility that plastic bags discarded on Tybee Island can end up in the ocean where they will last indefinitely and create an aesthetic blight and potential hazard to marine life (and paper bags will not do so because they biodegrade and are less likely to be blown out to sea) it is in the best interests of the public health, safety and welfare to adopt the proposed ban on distribution of plastic bags at point of sale within the boundaries of the City of Tybee Island. E. Due to Tybee Island's tourism, increased distribution of single use plastic bags occurs to meet the needs of locals and visitors. F. Tybee island is surrounded by water therefore a much greater risk of single use plastic making it's way into the ecosystem. G. Single-use carryout bags provided by retail establishments impose unseen costs on consumers, local governments,the state and taxpayers and constitute a public nuisance H. The manufacture and distribution of single-use carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions. I. The use of single-use carryout bags by consumers at retail/restaurants is detrimental to the environment, public health and welfare. (a). Definitions: For purposes of this chapter,the following terms shall have the following meanings: "Affected Retail Establishment" means any retail establishment located within or doing business within the geographical limits of the City of Tybee Island. "City Sponsored Event" means any event organized or sponsored by the City of Tybee Island or any Department of the City of Tybee Island. "Customer"means any person obtaining goods from an Affected Retail Establishment, Vendor or Non-Profit Vendor. "Grocery Store"means any dealer in staple foodstuffs, meats, produce and dairy products and usual household supplies. "Non-Profit Vendor"means a recognized tax exempt organization which provides goods as a part of its services. "Person"means any natural person,firm, corporation, partnership or other organization or group however organized. "Pharmacy"means a retail use where the profession of pharmacy by a pharmacist licensed by the State of Georgia in accordance with the Business and Professions Code is practiced and where prescription medications are offered for sale. "Plastic Carry-Out Bag"or"Plastic Bag" means any bag made from plastic (including compostable and biodegradeable plastic), excluding reusable bags, provided by an Affected Retail Establishment, Vendor or Non-Profit Vendor to a customer at the point of sale for the purpose of carrying away goods. "Recyclable"means material that can be sorted,cleansed, and reconstituted using Tybee Island's 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. "Recyclable Paper Bag" means a paper bag that meets all of the following requirements: (1) oontminonon|dgruwthUber; (2) io100%recyu|ab|eovenaUandoontainoaminimumof40%post- consumer recycled content;and (3) displays the words"Reusable"and"Recyclable" in a highly visible manner on the outside of the bag. "Retail Establishment" means any commercial business facility that sells goods directly to the u|dmak*conoumerinc|udingbutnot|imitmdtognouerye0onea. pharmaciea, |iquorotorou. ''mini' marts.^ondrebu| storemendwandomoeUingdothing. hoodmndpermona| hemu. "Reusable Bag" means a bag with handles that is specifically designed and manufactured for multiple reuse and is either: (1) made of cloth or other machine washable fabric; or(2) made of other durable material suitable for reuse. "Vendor" means any store, shop, restaurant,sales outlet or other commercial establishment located within or doing business within the City of Tybee Island,which provides perishable or nonperishable goods. (b). Plastic Carry-Out Bags Prohibited A. No Affected Retail Establishment, Restaurant, Vendor or Non-Profit Vendor shall provide Plastic Carry-Out Bags to customers at the point of sale. Reusable Bags and Recyclable Paper Bags are allowed alternatives. B. Nothing in this section shall be read to preclude Affected Retail Eatab|iohmmnha, Routaurmnta, Vendors and Non-Profit Vendors from making Recyclable Paper Bags available to customers. C. Affected Retail Establishments are strongly encouraged to provide incentives for the use of Reusable Bags through education and through credits or rebates for customers that use Reusable Bags at the point of sale for the purpose of carrying away goods. D. No person shall distribute Plastic Carry-Out Bags at any City facility or any event held on City property. E. This Chapter shall apply only to Plastic Carry-Out Bags provided at the point of sale for the purpose of carr ing away goods. This Chapter shall not apply to single-use plastic produce bags distributed in a grocery store exclusively for the purpose of transporting produce to the point of sale. • (c). Exemption. The City Manager, or his or her designee, may exempt an Affected Retail Establishment, Vendor or Non-Profit Vendor from the requirements of this Chapter for a period of up to an additional 6 months after the operative date of this Ordinance, upon sufficient showing by the applicant that the provisions of this Chapter would cause undue hardship. The phrase undue hardship includes: A. Situations where there are no acceptable alternatives to Plastic Carry-Out Bags for reasons which are unique to the Retail Establishment, Vendor or Non-Profit Vendor; B. Situations where compliance with the requirements of this Code would deprive a person of a legally protected right." SECTION 3. All other provisions of the Tybee Island Municipal Code shall remain unchanged and continue in full force and effect. SECTION 4.Any provisions of the Tybee Island Municipal Code, or appendices thanto, or any other ordinances of the City, to the extent that they are inconsistent with this ordinance, and no further, are hereby repealed. SECTION 5. If any section, subsection, uentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent juriad|ct|on, such decision shall not affect the validity of the remaining portions of the ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence,clause, and phrase thereof, irrespective of the fac that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. SECTION 6. This Ordinance shall become operative as to: 1) Grocery Stores, Food Vendors, Restaurants, Pharmacies and City facilities six (6) months after its effective date; and 2) all remaining Affected Retail Eatob|inhmenta, Vendors and Non- Profit Vendors (6) months after its effective date. SECTION 7. The City Clerk shall cause this Ordinance or a summary thereof to be published and, if appropriate posted, as provided by law.Any summary shall be published and a certified copy of the full text of this Ordinance posted in the Office of the City Clerk at least five (5) days prior to the City Council meeting at which this Ordinance is to be adopted.Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall cause a summary to be published with the names of those City Council members voting for and against this Ordinance and shall post in the Office of the City Clerk a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against the Ordinance.