HomeMy WebLinkAbout5368 ORDINANCE NO. 5368
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, adding a new chapter to the Bremerton
Municipal Code, Chapter 6.20 BMC,regulating the distribution of
single-use plastic and biodegradable carryout bags.
WHEREAS, the Washington State Legislature in chapters 70.93 and 70.95 RCW
has established that waste reduction as a priority in the collection, handling, and managing of
solid waste for the benefit of public health and for a healthful, clean and beautiful environment;
and
WHEREAS, the City of Bremerton ("City") desires to conserve resources, reduce
greenhouse gas emissions,waste, litter, and marine pollution, and to protect the public health and
welfare, including wildlife, all of which increase the quality of life for the residents of the City;
and
WHEREAS, the Department of Ecology's litter survey states that plastic bags and
film are one of the ten most littered items in Washington State,by weight; and
WHEREAS, the United States Environmental Protection Agency estimates that
380 billion plastic bags and wraps are consumed in the United States, annually; and
WHEREAS, The City's plastic bag consumption is estimated to be approximately
12 million, annually; and
WHEREAS, only approximately 0.5%of plastic bags and wraps are recycled; and
WHEREAS, decreased reliance on single-use carryout bags contributes toward
the goals of conserving energy and natural resources while reducing greenhouse gases and litter;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The recitals set forth above are hereby adopted and
incorporated as if set forth herein in full.
SECTION 2. A new chapter, Chapter 6.20 entitled"Carryout Bags", is hereby
added to Title 6 of the Bremerton Municipal Code to read as follows:
Chapter 6.20
CARRYOUT BAGS
6.20.010 DEFINITIONS.
The following definitions shall apply in the interpretation and enforcement of the
1
Chapter 6.20 BMC- Carryout Bags
ordinance codified in this chapter:
(a) "Compostable" means that the product will break down into, or otherwise become
part, of usable compost in a safe and timely manner in an appropriate composting facility, or in a
home compost pile or device, and has been certified as compostable by the Biodegradable
Products Institute or similar national or international certification authority.
(b) "Carryout bag"means any bag that is provided by a retail establishment at the
check stand, cash register,point of sale or other point of departure to a customer for use to
transport or carry away purchases such as merchandise, goods or food from the retail
establishment. Carryout bags do not include:
(1) Bags used by consumers inside stores to package bulk items, such as fruit,
vegetables,nuts, grains, candy, greeting cards or small hardware items such as nails,bolts or
screws; to contain or wrap frozen foods, meat or fish regardless of whether they are prepackaged;
to contain or wrap flowers,potted plants or other items where dampness may be a problem;to
contain unwrapped prepared foods or bakery goods; or to contain prescription drugs; or
(2) A bag used to protect a purchased item from damaging or contaminating
other purchased items when placed in a recyclable paper bag or reusable bag, such as prepared
take-out foods or prepared liquids intended for consumption away from the retail establishment;
or
(3) Newspaper bags, door-hanger bags, tire 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.
(4) Paper bags with a capacity of eight pounds or less,that contain at least
20%postconsumer recycled material.
(c) "Recycled paper carryout bag"means a paper carryout bag provided by a store to
a customer at the point-of-sale that meets all of the following requirements:
(1) Has a material weight of larger than eight-pounds and contains an average
of 40%postconsumer recycled materials;
(2) Is accepted for recycling in curbside programs in a majority of households
that have access to curbside recycling programs in the City;
(3) Is capable of composting in a commercial composting facility; and
(4) Is clearly labeled with the minimum percentage of postconsumer content.
(d) "Retail establishment"means any person, corporation,partnership, business,
facility, vender, organization or individual that sells or provides food, merchandise, goods, or
materials, directly to a customer including home delivery,temporary stores, or vendors at
farmers markets, street fairs, and festivals.
(e) "Reusable carryout bag" means a bag made of cloth or other material with
handles that is specifically designed and manufactured for long term 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 capacity of carrying a minimum of 22 pounds 125 times over a distance of
at least 175 feet,
(2) Is machine washable or made from a material that can be cleaned or
disinfected, and
(3) If made of film plastic, is a minimum of at least 2.25 mils thick.
(0 "Single-use plastic carryout bag"means any bag that is less than 2.25 mils thick
and is made from plastic or any nonrenewable resource.
(g) "Pass-through charge"means a charge collected by retailers from their customers
2
Chapter 6.20 BMC- Carryout Bags
when providing plastic or recycled paper carryout bags, and retained by retailers to offset the
cost of bags and other costs related to the pass-through charge.
6.20.020 REGULATIONS.
Except as provided by Section 6.20.030 below, all retail establishments within the City
must comply with the following regulations:
(a) Plastic Carryout Bags.
(1) Single-use Plastic Carryout Bags. Retail establishments shall not provide
a single-use plastic carryout bag to any customer.
(2) Reusable Plastic Carryout Bags. Retail establishments may provide to any
customer at the point-of-sale a reusable plastic carryout bag as defined in Section 6.20.010(e)(3)
above. For each reusable plastic carryout bag provided by the retail establishment, it shall collect
a pass-through charge of not less than $0.08 and such shall be clearly indicated on the customer
transaction receipt.
(b) Paper Carryout Bags. Retail establishments shall not provide to any customer at
the point-of-sale a paper bag that is not a recycled paper carryout bag as defined in Section
6.20.010(c) above. For each recycled paper carryout bag provided by the retail establishment, it
shall collect a pass-through charge of not less than$0.08 and such shall be clearly indicated on
the customer transaction receipt.
(c) Reusable Carryout Bags. Retail establishments may make reusable carryout bags
available to customers through sale.
(d) Non-Carryout Bags.
(1) Non-Compostable Plastic Bags. Retail establishments shall not use or
provide to any customer a polyethylene or other non-compostable plastic film bags tinted green
or brown for customers to bag products in stores.
(2) Compostable Plastic Bags.Any film bags meeting the definition of
compostable that retail establishments provide to customers for food or other products, such as
vegetables bagged in stores prior to checkout, must be tinted green or brown and shall be clearly
labeled"COMPOSTABLE," including language following the Federal Trade Commission's
"Green Guides."
6.20.030 EXEMPTIONS.
No retail establishment may collect a pass-through charge from anyone with a
voucher or electronic benefits card issued under programs including, but not limited to,Women
Infants and Children (WIC); Temporary Assistance to Needy Families (TANF); Federal
Supplemental Nutrition Assistance Program (SNAP), also known as Basic Food; and the
Washington State Food Assistance Program (FAP).
6.20.040 VIOLATIONS.
In addition to any other violation set forth in this chapter, any violation of Section
6.20.020 above constitutes a civil violation under Chapter 1.04 BMC for which a monetary
penalty may be assessed and enforcement may be required as provided therein.
SECTION 3. Effective Date of Section 2. The provisions of Chapter 6.20 of the
Bremerton City Code as established in Section 2 of this ordinance shall be effective January 1,
2020.
3
Chapter 6.20 BMC- Carryout Bags
SECTION 4. Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION S. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the 541 day of 3 to rye- , 2019.
ERIC YO GE ouncil President
Approved this (p1" day of SUv1e— , 2019.
G HEELER, Mayor
ATTEST: APPROVED AS TO FORM:
oDcb
4
ANGELA ODDS, City Clerk R0." R A. LUBOVIC , - . -
PUBLISHED the1110_day of 3 u�('� , 2019.
EFFECTIVE the day of 1�Y\Q� 2019.
ORDINANCE NO.
R:\Legal\Legal\Ordinances\Legal\Carry out bags\Ord BMC 6.20 carryout bag-County model updated-Final.docx
4
Chapter 6.20 BMC- Carryout Bags
Kitsap Sun
PART OF THE USA TODAY NE WORK
PROOF OF PUBLICATION
ORDINANCE NO. 5367
AN ORDINANCE of the
City Council of the City of
Bremerton. Washington,
amending Ordinance No.
CITY OF BREMERTON EN GINEERING 6360 relating to the City of
345 6TH STREET STE 100 Bremerton Fiscal Year 2016
Budget
BREMERTON,WA 98337 ORDINANCE NO. 5368
AN OItIIINANCE or the
City Council of the City of
Bremerton, Washington,
STATE OF WISCONSIN,COUNTY OF BROWN adding a new chapter to the
Bremerton Municipal Code,
Chapter 6.20 BMC, regulat-
I,being first duly sworn on oath,deposes and says:That I ing the distribution of
biode-
am now,and at all times embraced in the publication gradable plastic and
gmdubl�carryout bags
herein mentioned was the principal clerk of the printers and
publishers of KITSAP SUN;that said newspaper has been ORDINANCE NO. 5369
approved as a legal newspaper by the order of the Superior AN ORDINANCE of the
Court of the Countyof Kitsap,in which Countyit is Citye Council of the ingy of
Bremerton, Washington,
published and is now and has been for more than 6 amending the Bremerton
to
months prior to the date of thepublication hereinafter "G Municipal Code related i-
"Croup Residential" dofini-
referred to,published in the English language continually tion and adding siting crite-
ria to Iodudrial and Free-
as a daily newspaper in Bremerton,Kitsap County, way Corridor zones for
Washington,a weekly newspaper in Kitsap County, Group Residential Facilities
-
Washington and is now and during all of the said time,was Cleas II
printed in an office maintained in the aforesaid place of PASSED by the City
publication of said newspaper;that the followingis a true June,Council on the 5th day of
June,2019.
text of an advertisement as it was published in regular
di-
issues not in supplement form)of said newspaper on Tin fullis textvaiof thiso o the
(andPPHance is available from the
the following date(s),to wit:And on City Clerk's Office, 346
Sixth Street, Suite 100, Bre-
merton,WA 98337.
June 11,2019 June 11,2019 #3616414
such newspaper was regularly distributed to its
subscribers during all of said period
Subscribed and sworn to before on June 11,2019
11111 4
Legal Ierk@
ilk AMA(
I fl
Notary,A of WI,Co • hof Brow 1/ ``\,\\`11ttt F ,I pr //'
G ��
. LTJ-%
.y
, Y � _ • 0 ARy.
My commission expires
F• 'Uek-Wtn
:2y
Publication Cost:$146.16 i'r'`r�r lWt S,``
Ad No:0003616414
Customer No: 1240752
PO#: Ord 5367,68,69