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HomeMy Public PortalAbout130_030_14-2015 Sec plastic bags - blue lined - 04.21.15 ORDINANCE NO. 14-2015 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SECTION 42-4, USE OF PLASTIC CARRYOUT BAGS AND RECYCLABLE PAPER BAGS AND TO PROMOTE THE USE OF REUSEABLE BAGS, FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia; and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt ordinances under it police, zoning, and home rule powers; and WHEREAS, 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; and WHEREAS,plastic bags have negative impacts on the environment; and WHEREAS, due to Tybee Island's tourism, increased distribution of single use plastic bags occurs to meet the needs of locals and visitors; and WHEREAS, Tybee Island is surrounded by water and therefore is at a much greater risk of single use plastic bags making its-their way into the ecosystem; and WHEREAS, single-use carryout bags provided by retail establishments impose costs on consumers,local governments,the state and taxpayers and constitute a public nuisance; and WHEREAS,the manufacture and distribution of single-use carryout bags requires utilization of natural resources and results in the generation of greenhouse gas emissions; and WHEREAS, the use of single-use carryout bags by consumers at retail stores and restaurants is detrimental to the environment, public health and welfare; and WHEREAS, 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; and WHEREAS, Tybee Island has a recycling program and continues to promote recycling; and WHEREAS, plastic carry out bags hinder the recycling efforts by becoming caught in the processing equipment and require extra energy and costs; and WHEREAS, Tybee Island residents and public officials have spent a lot of time and effort to pick up plastic bags from the beaches,marsh and highway; and WHEREAS, ordinances and laws designed to curb and/or prevent plastic bag use in other cities in the United States and internationally have shown to produce positive results; and, WHEREAS, 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 it is in the best interests of the public health, safety and welfare to adopt the proposed ban on distribution of plastic bags and regulation of paper bags at point of sale within the boundaries of the City of Tybee Island. NOW, THEREFORE, it is ordained by the governing authority of the City of Tybee Island that Section 42.4,Use of Plastic Carryout Bags and Recyclable Paper Bags be added. SECTION 1 Section 42-4 will read as follows: Section 42-4. Use of plastic carryout bags and recyclable paper bags. A. Definitions: For purposes of this ordinance, the following terms shall have the following meanings: (1) "Affected Retail Establishment" means any retail establishment located within or doing business within the geographical limits of the City of Tybee Island. (2) "City Sponsored Event" means any event organized or sponsored by the City of Tybee Island or any Department of the City of Tybee Island. (3) "Customer" means any person obtaining goods from an Affected Retail Establishment, Grocery store, Restaurant, Vendor, Pharmacy or Non-Profit Vendor. (4) "Exempt Bag" means (i) a bag without handles used to carry produce, meats, dry goods or other non-prepackaged food items to the point of sale within a store or market or to prevent such food items from coming into direct contact with other purchased items; (ii) a bag provided by a pharmacy to carry prescription drugs; or(iii) any other bag to be exempted from the provisions of this ordinance as determined by the Mayor and City Council. (5) "Grocery Store" means any dealer in staple foodstuffs, meats, produce and dairy products and usual household supplies. (6) "Non-Profit Vendor" means a recognized tax exempt organization which provides goods as a part of its services. (7) "Person"means any natural person, firm, corporation, partnership or other organization or group however organized. (1) _"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 (8) "Plastic Bag"means a bag made predominantly or derived from either natural gas, petroleum or a biologically-based source, such as corn or other plant sources. (9) "Plastic Carry-Out Bag" means any bag made predominantly or 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 to carry their goods. `Plastic carryout bag' includes compostable and biodegradable bags but does not include reusable bags, or produce bags, or product bags. (10) "Recyclable" means material that can be sorted, cleansed, and reconstituted using the City of 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. (11) "Recyclable Paper Bag" means a paper bag that contains no old growth fiber and is 100%recyclable." "Recyclable Paper Bag" means a paper bag that meets all of the following requirements: (1) contains no old growth fiber; (2) is 100% recyclable overall and contains a minimum of 10% post consumer recycled content; and (3) displays the words `Reusable' and `Recyclable' in a highly visible manner, on at least two opposite sides in not less than size font on the outside of the bag. (12) "Retail Establishment" means any commercial business facility that sells goods directly to the ultimate consumer including but not limited to grocery stores, restaurants, pharmacies, liquor stores, `mini-marts,' retail stores and other vendors selling clothing, food and personal items. (13) "Restaurant" means any business establishment where food or beverages may be purchased by customers. (14) "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. (15) "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 in exchange for money. (B) Plastic Carry-Out Bags Prohibited. (1) It shall be unlawful for any affected retail establishment to provide plastic carry-out bags to customers at the check stand, cash register, point of sale, or other point of entrance or departure to the retail establishment. This applies to both for-profit and non-profit entities, establishments, stores or vendors. This prohibition applies to all bags provided for the purpose of carrying away goods from the point of sale, excluding produce bags, reusable bags or recyclable paper bags. (2) It shall also be unlawful for any affected retail establishment to provide non-reusable or non-recyclable paper bags to customers at the check stand, cash register, point of sale, or other point of entrance or departure to the retail establishment. - . , . - _ - - - .. - .. . - . retail establishments from making recyclable paper bags available to customers at a minimum charge of ten (10) cents per bag. All sums collected for this charge shall customer's receipt. (3) A retailer subject to requirements for single-service and single-use articles and items for use in food service pursuant to rules promulgated by the Department of Human Resources Public Health, shall display a sign in a location viewable by customers containing the following notice: "The City of Tybee Island discourages the use of single-use plastic and paper bags to protect our environment from excess litter and greenhouse gases. We would appreciate our customers using reusable bags, but if you are not able to, a 100% recycled paper bag will be furnished for your use." (4) 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. (5) No person shall distribute plastic carry-out bags or non-reusable or non-recycleable paper bags at any City facility or any event held on City property. (6) This Ordinance shall not apply to single-use plastic meat and produce bags, without handles, distributed in a grocery store exclusively for the purpose of transporting produce, raw meat and poultry to the point of sale. (7) This Ordinance shall not apply to plastic zip closing bags or plastic bags sold as a consumer item at any grocery store or affected retail establishment. Notwithstanding this exemption, plastic carry-out bags cannot be sold to any customer at any affected retail establishment as a consumer item or otherwise. (8) No plastic carry-out bags, including plastic carry-out bags obtained from stores in areas where plastic carry-out bags are not prohibited, are allowed to be brought on the beach, onto City property or used on the beach or on City property for any purpose. (C) Exemptions. (1) The City Manager, or his/her designee, upon his/her sole discretion, may exempt an Affected Retail Establishment, Grocery Store, or Vendors from the requirements of this Ordinance 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 Ordinance 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 Affected Retail Establishments,Grocery Stores,Restaurants, or Vendors; (B) Situations where compliance with the requirements of this Code would deprive a person of a legally protected right; or, (2) Where compliance with this ordinance would be in conflict with health regulation(s) or rule(s) promulgated by, the local Board of Health having jurisdiction, the Georgia Department of Public Health, or any regulation(s) or rule(s) promulgated by the Federal Government, the City Manager, or his/her designee, upon his/her sole discretion may exempt an affected retail establishment from the requirements of this Ordinance. (D) Enforcement and violation. (1) It shall be unlawful for any person to violate the provisions of this Article. Upon the first violation, the City can issue a written warning. Thereafter, and only after a written warning has been given for a prior violation, all subsequent violations of this Article shall be punishable as though this were a violation for littering pursuant to Tybee Code Sec. 42-64. (2) All fines collected pursuant to this Article shall be deposited into the General Fund and shall be utilized exclusively to assist the City with implementing and enforcing the requirements of this Article. (E) Effective Date. This Ordinance shall become operative six (6) months after the date upon which it is finally adopted by the City of Tybee Island. SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence,paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such intention. SECTION 5 This Ordinance shall become effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2015. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: Tybee/Ordinances/14-2015 Sec 42-4 plastic bags 04.21.15—TEB