HomeMy Public PortalAboutOrdinance NO. 458 Disposable Bag Fee TOWN OF FRASER
ORDINANCE NO. 458
AN ORDINANCE ESTABLISHING A NEW"DISPOSABLE BAG FEE,"AND SETTING
FORTH RELATED DETAILS.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN
OF FRASER, COLORADO, THAT:
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(a)Purpose: It is the purpose of this chapter to protect the public health and safety and
implement sustainability initiatives throughout the Town of Fraser.
(b)Findings: The Town Board finds as follows:
(1)The Town,through its policies,programs, and laws, supports efforts to reduce the
amount of waste that must be land-filled and pursue sustainability initiatives as a
long-term goal by emphasizing waste prevention efforts;
(2)That the use of single-use disposable bags has severe impacts on the environment
on a local and global scale, including greenhouse gas emissions, litter, harm to
wildlife, atmospheric acidification, water consumption and solid waste
generation;
(3) Despite recycling and voluntary solutions to control pollution from disposable
carryout bags, many disposable single-use bags ultimately are disposed of in
landfills, litter the environment, block storm drains and endanger wildlife; and
(4)The Town's taxpayers bear the costs associated with the effects of disposable bags
on the solid waste stream, drainage, litter and wildlife.
(c)Intent: The disposable bag fee is necessary to address the environmental problems
associated with disposable bags and to relieve Town taxpayers of the costs imposed upon
the Town associated with the use of disposable bags. The Town Board intends that the
requirements of this chapter will assist in offsetting the costs associated with using
disposable bags to pay for the mitigation, educational,replacement, and administrative
efforts of the Town. Bag fees received will also financially support The Drop, Fraser's pay-as-
you-throw trash and recycling facility, and related sustainability initiatives.
7-8-20 Definitions.
The following terms used in this chapter have the following meanings unless the context clearly
indicates otherwise:
"Customer"means any person who makes a retail purchase from a Retail Store or Food Store.
"Disposable Bag"means a bag that is not a Reusable Bag.
"Disposable Bag"does not include:
(a) Bags used by consumers inside stores to:
(1) Package bulk items, such as fruit, vegetables,nuts, grains, candy or small
hardware items;
(2) Contain or wrap frozen foods, meat, or fish;
(3) Contain or wrap flowers, potted plants, or other items where dampness may be
a problem;
(4) Contain unwrapped prepared foods or bakery goods; or
(5)A non-handled bag used to protect a purchased item from damaging or
contaminating other purchased items when placed in a reusable bag.
(b)Bags provided by pharmacists to contain prescription drugs.
(c)Newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in
packages containing multiple bags for uses such as food storage, garbage,pet waste,
or yard waste bags.
"Retail Store"any public commercial business engaged in the sale of personal consumer goods,
household items, or groceries to customers who use or consume such items.
"Retail Store"does not include:
(a)Temporary vendors at farmers'markets or other temporary events;
(b)Restaurants or other businesses(e.g., service providers such as salons and spas)where
retail sales are clearly secondary and incidental to the primary activity occurring
within the business.
"Food Store"means a retail establishment or business located within Fraser Town limits in a
permanent building, operating year-round,that is a full-line, self-service market and which sells a
line of staple foodstuffs,meats,produce or dairy products or other perishable items.
"Food Store"does not include:
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(a)Temporary vending establishment for fruits,vegetables,packaged meats and dairy;
(b)Vendors at farmer's markets or other temporary events;
"Recycled Paper Bag"means a paper bag that is 100 percent recyclable and contains at least 40
percent post-consumer recycled content.
"Reusable Bag"means a bag that is:
(a) Designed and manufactured to withstand repeated uses over a period of time;
(b) Is made from a material that can be cleaned and disinfected regularly;
(c)That is at least 2.25 mil thick if made from plastic;
(d)Has a minimum lifetime of 75 uses; and
(e)Has the capability of carrying a minimum of 18 pounds.
"Disposable Bag Fee"means the town fee imposed by this chapter that is required to be paid by
each consumer making a purchase from a Retail Store or Food Store for each disposable bag used
during the purchase and imposed for the purpose of mitigating the impacts of disposable bags.
7-8-30 Disposable Bag Fee Requirements.
(a) For each Disposable Bag provided to a customer, Retail Stores and Food Stores shall
collect from customers, and customers shall pay, at the time of purchase, a Disposable
Bag Fee of$0.20 per bag.
(b)Retail Stores and Food Stores shall record the number of Disposable Bags provided
and the total amount of Disposable Bag Fees charged on the customer transaction
receipt.
(c)A Retail Store or Food Store shall not refund to the customer any part of the
Disposable Bag Fee, nor shall the Retail Store or Food Store advertise or state to
customers that any part of the Disposable Bag Fee will be refunded to the customer.
7-8-40 Retention,Remittance, and Transfer of the Disposable Bag Fee.
(a)A Retail Store or Food Store may retain 40 percent of each Disposable Bag Fee
collected, which is the"Retained Percent."
(b)The Retained Percent may only be used by the Retail Store or Food Store to:
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(1)Provide educational information about the Disposable Bag Fee to customers;
(2)Provide the signage required by section 7-8-50, "Required Signage for Retail
Stores and Food Stores."
(3) Train staff in the implementation and administration of the fee;
(4)Improve or alter infrastructure to allow for the implementation, collection,
administration of the fee;
(5) Collect, account for and remit the fee to the Town;
(6)Develop and display informational signage to inform consumers about the fee,
encourage the use of reusable bags or promote recycling of plastic bags; or
(7)Improve infrastructure to increase plastic bag recycling.
(8) Fund other sustainability initiatives as approved by the Town of Fraser.
(c)The Retained Percent shall not be classified as revenue for the purposes of calculating
sales tax.
(d) The amount of the Disposable Bag Fee collected by a Retail Store or Food Store in
excess of the Retained Percent shall be paid to the Town and shall be used only as set
forth in subsection(b)to mitigate the effects of Disposable Bags in Fraser.
(e) A Retail Store or Food Store shall pay and the Town shall collect its sixty percent
share all Disposable Bag Fees. The Town shall provide the necessary forms for Retail
Stores and Food Stores to file with the Town,to demonstrate compliance with the
provisions of this ordinance.
(1) If payment of any amount to the Town is not received on or before the
applicable due date,penalty and interest charges shall be added to the amount
due.
(f) Funds from the Disposable Bag Fee shall be used only for the expenditures that are
intended to mitigate the effects of Disposable Bags, including without limitation the
following:
(1) Administrative costs associated with developing and implementing the
Disposable Bag Fee.
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(2) Activities of the Town that may include:
(A)Provide reusable carryout bags to residents and visitors;
(B)Educate residents,businesses, and visitors about the impact of
Disposable Bags on the Town's environmental health,the importance
of reducing the number of single-use carryout bags entering the waste
stream, and the expenses associated with mitigating the effects of
single-use bags on the Town's drainage system,transportation system,
wildlife and environment;
(C) Fund programs and infrastructure that allow the Fraser community to
reduce waste associated with Disposable Bags;
(D) Fund the Town of Fraser's pay as you throw trash and recycling
program known as"The Drop."
(E) Purchase and install equipment designed to minimize bag pollution,
including, recycling containers, and waste receptacles associated with
Disposable Bags;
(F)Fund community cleanup events and other activities that reduce trash
associated with Disposable Bags;
(G) Mitigate the effects of Disposable Bags on the Town's drainage
system,transportation system,wildlife and environment;
(H) Maintain a public website that educates residents on the progress of
waste reduction efforts associated with Disposable Bags; and
(I)Fund the administration of the Disposable Bag Fee program.
(J)Fund other sustainability initiatives as approved by the Town of
Fraser.
(g)No Disposable Bag Fees collected in accordance with this ordinance shall be used
only for general government purposes.
(h)Disposable Bag Fees collected in accordance with this chapter shall be continually
available for the uses and purposes set forth in subsection(b) and subsection(f) of this
section without regard to fiscal year limitation.No Disposable Bag Fee funds shall be
used for any purpose not authorized in this chapter.
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7-8-50 Required Signage for Retail Stores and Food Stores.
Every Retail Store and Food Store subject to the collection of the Disposable Bag Fee shall
display a sign in a location outside or inside of the business,viewable by customers, alerting
customers to the Town of Fraser's Disposable Bag Fee.
7-8-60 Requirement for Disposable Paper Bags.
(a) No Retail Store or Food Store shall provide any paper bag that is not a Recycled
Paper Bag.
(b) Reusable bag fee applies to paper bags.
7-8-70 Audits and Violations.
(a)Each Retail Store or Food Store licensed pursuant to the provisions of this chapter
shall maintain accurate and complete records of the Disposable Bag Fees collected,
the number of Disposable Bags provided to customers,the form and recipients of any
notice required pursuant to this chapter, and any underlying records, including any
books, accounts, invoices, or other records necessary to verify the accuracy and
completeness of such records. It shall be the duty of each Retail Store or Food Store to
keep and preserve all such documents and records, including any electronic
information, for a period of three years from the end of the calendar year of such
records.
(b)If requested, each Retail Store or Food Store shall make its records available for audit
by the Town manager during regular business hours for the Town to verify
compliance with the provisions of this chapter. All such information shall be treated
as confidential commercial documents.
(c)If any person fails, neglects, or refuses to collect the Disposable Bag Fee, or underpays
the Disposable Bag Fee,the Town manager shall make an estimate of the fees due,
based on available information, and shall add thereto penalties, interest, and any
additions to the fees. The manager shall serve upon the delinquent Retail Store or
Food Store personally, by electronic mail or by first class mail directed to the last
address of the Retail Store or Food Store on file with the Town, written notice of such
estimated fees, penalties, and interest, constituting a Notice of Final Determination,
Assessment, and Demand for Payment, (also referred to as"Notice of Final
Determination")due and payable within 20 calendar days after the date of the notice.
(d)If payment of any amount of the Disposable Bag Fee to the Town is not received on or
before the applicable due date,penalty and interest charges shall be added to the
amount due in the amount of:
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(1) A penalty of ten percent of total due;
(2)Interest charge of one percent of total penalty per month.
7-8-80 Bag Fee Required Date of Implementation.
Retail Stores and Food Stores must implement the Disposable Bag Fee no later than April 1,
2019.
1-4-10 General Penalty for Violation.
(a) The Town attorney, acting on behalf of the people of the Town, may prosecute any
violation of this title in municipal court in the same manner that other municipal
offenses are prosecuted.
(b)It shall be unlawful for any person to violate, disobey, omit,neglect,refuse or fail to
comply with or resist the enforcement of any provision of this Code; and where no
specific penalty is provided therefor,the violation of any provision of this Code shall
be punished by a fine not exceeding two thousand six hundred fifty dollars
($2,650.00),by imprisonment for a term not exceeding one (1)year, or by both such
fine and imprisonment the general penalty provisions of section 1-4-10, "General
penalty for violation," F.M.C. 2018, shall apply.
(1)If any section, subsection, sentence, clause or phrase of this chapter is for any
reason held invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this chapter.
(2)This ordinance is necessary to protect the public health, safety, and welfare of
the residents of the Town, and covers matters of local concern.
(3)The Town Board deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of
the Town clerk for public inspection and acquisition.
EFFECTIVE DATE. This Ordinance shall take effect thirty(30)days after passage, adoption
and publication thereof as provided by law.
READ,PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF
TRUSTEES AND SIGNED THIS.3 DAY OF 06116.r , 2018.
Votes in favor: `p BOARD OF TRUSTEES OF THE
Votes opposed: % TOWN OF FRASER, COLORADO
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Votes abstained:
BY:
Philip Vandernail, Mayor
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( 1P• L) °'p ATTEST: adee,;* rb
SEAL Antoinette McVeigh, Town Cl
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