HomeMy WebLinkAboutORD NO. 15-1356 (PLASTIC BAG BAN)1
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ORDINANCE NO. 15-1356
AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
BANNING THE USE OF PLASTIC CARRYOUT BAGS AND IMPOSING A
CHARGE FOR RECYCLABLE PAPER BAGS
THE CITY COUNCIL OF THE CITY OF HERMOSA BEACH, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 1.10.040 of Title 1, Chapter 1.10 of the Hermosa Beach Municipal
Code is amended to add a new paragraph 16 to read:
"Chapter 8.68: Plastic Carryout Shopping Bags"
SECTION 2. A new Chapter 8.68 is added to Title 8 of the Hermosa Beach Municipal
Code to read as follows:
Chapter 8.68 Plastic Carryout Shopping Bags
8.68.010 Definitions.
The following definitions apply to this Chapter:
A. "Affected retail establishment" means any retail establishment located within or doing
business within the geographical limits of the City of Hermosa Beach, including vendors at City -
sponsored events, City -owned facilities, and events held on City property, but excluding dry
cleaners.
B. "Food provider" means any person or establishment in the City of Hermosa Beach, that
provides prepared food for public consumption on or off its premises and includes, without
limitation, any store, shop, sales outlet, restaurant, area within a grocery store where food is
prepared for public consumption, delicatessen, or catering truck or vehicle.
C. "Customer" means any person purchasing goods from a store.
D. "Grocery store" means any retail establishment that sells groceries, fresh, packaged,
canned, dry, prepared or frozen food or beverage products and similar items, and includes,
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without limitation, supermarkets, and convenience stores, including convenience stores at gasoline
stations.
E. "Operator" means the person in control of, or having the responsibility for, the
operation of a store, which may include, but is not limited to, the owner of the store.
F. "Person" means any natural person, firm, corporation, partnership, or other organization
or group however organized.
G. "Pharmacy" means any retail establishment in which the profession of pharmacy is
practiced by a pharmacist licensed by the State of California in accordance with the Business and
Professions Code and where prescription pharmaceuticals are offered for sale, regardless of
whether the retail establishment sells other retail goods in addition to prescription
pharmaceuticals.
H. "Postconsumer recycled material" 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.
I. "Produce bag" or "product bag" means any bag without handles used exclusively to
carry produce, meats, or other food items to the point of sale inside a store or to prevent such food
items from coming into direct contact with other purchased items.
J. "Recyclable" 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.
K. "Recyclable paper carryout bag" means a paper bag that meets all of the following
requirements: (1) contains no old growth fiber; (2) is one hundred percent (100%) recyclable
overall and contains a minimum of forty percent (40%) postconsumer recycled material; (3) is
capable of composting, consistent with the timeline and specifications of the American Society
of Testing and Materials (ASTM) Standard 06400; (4) is accepted for recycling in curbside
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programs in the City; (5) has printed on the bag the name of the manufacturer, the location
(country) where the bag was manufactured, and the percentage of postconsumer recycled
material used; and (6) displays the word "recyclable" in a highly visible manner on the outside of
the bag.
L. "Retail establishment" means any commercial retail facility that sells goods or provides
merchandise directly to the ultimate consumer, including, but not limited to, food service
providers, grocery stores, pharmacies, liquor stores, "mini -marts," clothing stores, newsstands,
retail stores and vendors selling goods or merchandise from a kiosk.
M. "Reusable bag" means a bag with handles that is specifically designed and
manufactured for multiple reuse and meets all of the following requirements: (1) has a minimum
lifetime of 125 uses, which for purposes of this subsection, means the capability of carrying
a minimum of 22 pounds 125 times over a distance of at least 175 feet; (2) has a minimum volume
of 15 liters; (3) is machine washable or made from a material that can be cleaned and disinfected;
(4) does not contain lead, cadmium, or any other toxic material that may pose a threat to public
health (a reusable bag manufacturer may demonstrate compliance with this requirement by
obtaining a no objection letter from the federal Food and Drug Administration); (5) has printed on
the bag, or on a tag that is permanently affixed to the bag, the name of the manufacturer, the
location (country) where the bag was manufactured, a statement that the bag does not contain
lead, cadmium, or any other heavy metal in toxic amounts, and the percentage of postconsumer
recycled material used, if any; (6) bag care and washing instructions; (7) if made of plastic film,
be at least 2.25 millimeters thick, measured according to the American Society of Testing and
Materials (ASTM) Standard D6988-13; and (8) complies with Section 260.12 of Part 260 of Title
16 of the Code of Federal Regulations related to recyclable claims if the reusable grocery bag
producer makes a claim that the reusable grocery bag is recyclable.
N. "Single -use plastic carryout bag" or "plastic carryout bag" means any bag made
predominantly of plastic derived from petroleum, natural gas, or a biologically -based source, such
as corn or other plant sources, which is provided to a customer at the point of sale. "Plastic single -
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use carryout bag" includes compostable and biodegradable bags but does not include: (1) a bag
provided to a customer to hold prescription medication dispensed from a pharmacy; (2) a
nonhandled produce bag used to protect a purchased item from damaging or contaminating other
purchased items when placed in a single -use carryout bag, recycled paper bag or reusable grocery
bag; (3) a bag provided to contain an unwrapped food item; or (4) a nonhandled bag that is
designed to be placed over articles of clothing on a hanger.
8.68.020 Plastic single -use carryout bags prohibited.
No affected retail establishment shall provide plastic single -use carryout bags to customers
for the purpose of carrying away goods from the point of sale. Nothing in this Chapter prohibits
customers from using bags of any type that they bring to the store themselves or from carrying
away goods that are not placed in a bag, in lieu of using bags provided by the store.
8.68.030 Permitted bags.
A. Affected retail establishments may provide or make available to a customer recyclable
paper carryout bags for the purpose of carrying away goods or other materials from the point of
sale, subject to the terms of this Chapter. Non -recyclable paper carryout bags shall not be provided
to customers unless they meet the definition of reusable bag.
B. Grocery stores, pharmacies, and any affected retail establishment that (1) has gross
annual sales of at least two million dollars ($2,000,000); or (2) has at least 10,000 square feet of
retail space that generates sales or use tax shall make reusable bags available to customers either
for sale or at no charge.
C. Affected retail establishments may make available plastic produce bags for the purpose
of preventing food items from coming into direct contact with other purchased items.
D. Each affected retail establishment is encouraged to educate its staff to promote reusable
bags and to post signs encouraging customers to use reusable bags, and may provide incentives to
customers to encourage use of reusable bags.
8.68.040 Regulation of recyclable paper carryout bags.
Unless an exemption set forth in Section 8.68.050 applies:
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A. Any affected retail establishment that provides a recyclable paper carryout bag to a
customer shall charge the customer ten (10) cents ($0.10) for each bag provided.
B. No affected retail establishment shall rebate or otherwise reimburse a customer any
portion of the 10 cent ($0.10) charge required in Subsection A.
C. All affected retail establishments shall indicate on the customer receipt the number of
recyclable paper carryout bags provided and the total amount charged for the bags.
D. All monies collected by a retail establishment under this Chapter shall be retained by
the store and shall be used only for the following purposes: (1) costs associated with complying
with the requirements of this Chapter; (2) actual costs of providing recyclable paper carryout bags;
or (3) costs associated with a store's educational materials or education campaign encouraging the
use of reusable bags, if any.
8.68.050 Exemptions from mandatory reusable and recyclable bag charge.
A. All affected retail establishments must provide at the point of sale, free of charge,
either reusable bags or recyclable paper carryout bags, or both, at the store's option, to any
customer participating in either 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.
B. No food provider shall be required to charge its customers for a bag provided for a
customer's leftover food from sit-down restaurant dining.
C. No affected retail establishment shall be required to charge its customers for paper
product bags used to cover unwrapped food, such as baked goods, or used to hold prescription
medication dispensed from a pharmacy.
D. Any affected retail establishment that is not a grocery store or pharmacy and meets the
following requirements is not required to charge customers for recyclable paper carryout bags, but
may voluntarily do so in accordance with Section 8.68.040: (1) has gross annual sales of less than
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two million dollars ($2,000,000); or (2) has less than 10,000 square feet of retail space that
generates sales or use tax.
8.68.060 Enforcement and violation - penalties.
A. The City Manager, or his or her designee, shall enforce the provisions of this Chapter.
Nothing in this Chapter shall be construed to create a private cause of action. The City Manager
or his/her designee, shall be authorized to establish regulations and to take any and all actions
reasonable and necessary to obtain compliance with this Chapter, including, but not limited to,
inspecting any retail establishment's premises to verify compliance.
B. If the City Manager, or his/her designee, determines that a violation of this Chapter has
occurred, he/she will issue a written warning notice to the operator of a store that a violation has
occurred and the potential penalties that will apply for future violations.
C. Any person that violates or fails to comply with any of the requirements of this Chapter
after a written warning notice has been issued for that violation shall be subject to the
Administrative Citation procedures in Chapter 1.10.
D. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this
Chapter.
E. Each violation of this Chapter shall be considered a separate offense.
F. The remedies and penalties provided in this section are cumulative and not exclusive,
and nothing in this Chapter shall preclude any person from pursuing any other remedies provided
by law.
8.68.070 No conflict with federal or state law.
Nothing in this Ordinance is intended to create any requirement, power or duty that is in
conflict with any federal or state law.
8.68.080 Operative date.
A. This Ordinance shall become operative as to affected retail establishments that meet
the definition of a "supermarket" as found in the California Public Resources Code, Section
14526.5 and affected retail establishments of at least 10,000 square feet, six (6) months after its
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effective date, unless the establishment provides documentation satisfactory to the City Manager
or his/her designee showing that it entered into an agreement for the purchase of plastic carryout
bags within the year prior to the effective date of this Ordinance. The City Manager or his/her
designee may exempt such establishments from the provisions of this Ordinance for an additional
six (6) months. This Ordinance shall become operative as 'to all remaining affected retail
establishments, including establishments smaller than 10,000 square feet, twelve (12) months after
its effective date.
B. The City Manager, or his/her designee, may exempt an affected retail establishment
from the requirements of this chapter for a period of up to one additional year after the operative
date of this Ordinance, upon sufficient showing by the applicant that the provisions of this
Ordinance would cause undue economic hardship. A request for an economic hardship exemption
must be submitted in writing to the City along with supporting documentation within 60 days of
the effective date of this Ordinance.
SECTION 3. Severability.
If any section, subsection, sentence, clause, or phrase of this Ordinance, or its application
to any person or circumstance, is for any reason held to be invalid or unenforceable, such
invalidity or unenforceability shall not affect the validity or enforceability of the remaining
portions of this Ordinance, or its application to any other persons or circumstance.
SECTION 4. This Ordinance shall become effective and be in full force and effect from
and after thirty (30) days of its final passage and adoption.
SECTION 5. This Ordinance is categorically exempt from the California Environmental
Quality Act pursuant to California Code of Regulations sections 15307 and 15308 describing
projects that protect natural resources or protect the environment.
SECTION 6. Prior to the expiration of fifteen (15) days after the date of its adoption, the
City Clerk shall cause this Ordinance to be published in the Easy Reader, a weekly newspaper of
general circulation published and circulated, in the City of Hermosa Beach in the manner provided
by law.
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SECTION 7. The City Clerk shall certify to the passage and adoption of this Ordinance,
shall enter the same in the book of original Ordinances of said city, and shall make minutes of the
passage and adoption thereof in the records of the proceedings of the City Council at which the
same is passed and adopted.
PASSED, APPROVED and ADOPTED this 1 st day of September, 2015, by the following vote:
AYES:
Barragan, Fangary, Tucker, Mayor Petty
NOES:
None
ABSENT:
DiVirgilio
ABSTAIN:
None
ATTEST:
` City Clerk
IDENT
City Counciljand MAYOR of the City of Hermosa Beach, California
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF HERMOSA BEACH )
I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do ereby
certify that the foregoing Ordinance No. 15-1356 was duly and regularly passed,
approved and adopted by the City Council of the City of Hermosa Beach at a regular
meeting held at the regular meeting place thereof on the 1 st day of September, 2015, and
said Ordinance will be published in the Easy Reader newspaper on September 10, 2015.
The vote was as follows:
AYES: Barragan, Fangary, Tucker, Mayor Petty
NOES: None
ABSENT: DiVirgilio
ABSTAIN: None
DATED: September 1, 2015
le -
City Clerk