Carpinteria Municipal Code Ch. 8.51 Single-Use Bag Regulations

The title of this chapter shall be "Single-Use Bag Regulations."

(Ord. No. 655, § 2, 3-12-2012)

The purpose of these provisions is to promote:

A. The protection of unique coastal resources found in Carpinteria and identified for protection in policies of the city's general plan/local coastal plan, including the Carpinteria "El Estero" Salt Marsh, Beaches, Tidelands, and Offshore Reefs, Harbor Seal Hauling Grounds, and Creekways and Riparian Habitat;

B. Compliance with federal and state mandates for clean water (including National Pollutant Discharge Elimination System Permit Program and waste stream reduction (AB 939 and AB 341));

C. A reduction in the amount of plastic and paper material that is manufactured, transported, handled/processed, and discarded, and the impacts associated with such activities.

D. A reduction in the amount of waste/debris in city parks, public open spaces, creeks, estuary, tidelands and the ocean, and the amount of material going to landfills;

(Ord. No. 655, § 2, 3-12-2012)

The following definitions shall govern the construction of this chapter:

"Commercial establishment" means any person, including any corporation, partnership, business, facility, vendor, organization or individual located in or doing business within the city of Carpinteria that sells or provides perishable or non-perishable goods.

"Gift bag" means a decorated bag capable of containing a volume no greater than six liters made largely of paper, with handles that is designed to be used as gift packaging.

"Grocery store" means a commercial establishment greater than three thousand square feet in area that sells a line of dry goods, canned goods, or non-food items and some perishable items.

"Large commercial establishment" is a commercial establishment with over five million dollars in annual gross retail sales volume, as reported to the State Board of Equalization or is a grocery store as defined in this section.

"Paper bag" means any paper bag that has a post-consumer recycled content of at least forty percent and is one hundred percent recyclable.

"Point of sale" means the location in the commercial establishment where purchase is made.

"Product bag" means any bag provided to a customer within a commercial establishment for the purposes of transporting items to the point of sale. An illustrative list of product bags includes bags used to contain produce, vegetables, meat, prescription drugs, any bulk goods, as well as dry cleaning bags, newspaper bags, and prepackaged goods.

"Restaurant" means any person or establishment doing business within the city of Carpinteria that provides prepared food or beverage for public consumption on or off its premises such as a restaurant, café, bakery, grocery or convenience store food counter or delicatessen, or catering truck vehicle.

"Reusable bag" means any bag with handles that is specifically designed and manufactured for multiple reuse, has a minimum lifetime capability of one hundred twenty-five or more uses carrying twenty-two or more pounds over a distance of at least one hundred seventy-five feet, and is either: (1) made of cloth or other machine washable fabric; or (2) made of other durable material, including plastic that is at least 2.25 mils thick.

"Single-use bag" means any bag that is provided to customers for carryout purchases by a commercial establishment, excluding gift bags, product bags, and reusable bags, as defined in this section.

"Small commercial establishment" is a commercial establishment that does not qualify as a large commercial establishment.

(Ord. No. 655, § 2, 3-12-2012; Ord. No. 657, § 2, 7-23-2012)

A. Commencing on October 22, 2012 large commercial establishments are prohibited from dispensing to any customer at the point of sale a single-use bag.

B. Commencing on April 11, 2013 small commercial establishments are prohibited from dispensing to any customer at the point of sale a single-use bag, except gift bags or paper bags, as defined in this chapter.

(Ord. No. 655, § 2, 3-12-2012; Ord. No. 657, § 2, 7-23-2012)

A. During a locally declared emergency, the city, emergency response agencies operating within the city, users of city facilities, and commercial establishments shall be exempt from the provisions of this chapter.

B. The city manager, or his/her designee, may exempt an affected commercial establishment, from the requirements herein for a period of up to six months, upon showing by the commercial establishment that the application of the provisions herein would cause undue hardship. In determining whether undue hardship exists, the city manager or his/her designee shall consider:

1. Situations unique to the commercial establishment where there are no reasonable alternatives to using any bags that are not in compliance with this chapter and compliance with this chapter would cause significant economic hardship to that commercial establishment;

2. The existence of franchise or other contractual obligations which require a commercial establishment to use bags that are not in compliance with this chapter.

C. The decision of the city manager or his/her designee to grant or deny an exemption shall be final. Exemptions granted under the provisions of this section are valid for up to six months, as determined by the city manager. A commercial establishment granted an exemption by the city must re-apply prior to the end of the exemption period and demonstrate continued undue hardship, if it wishes to have the exemption extended. Extensions may only be granted for intervals not to exceed six months.

D. An exemption application shall include all information necessary for the city to make its decision, including but not limited to documentation showing the factual support for the claimed exemption.

E. Commercial establishments must exercise best efforts during exemption period to meet ordinance requirements.

F. All restaurants shall be exempt from the requirements of this chapter.

(Ord. No. 655, § 2, 3-12-2012; Ord. No. 657, § 2, 7-23-2012)

A. The presence at the point of sale of a non-exempt commercial establishment of prohibited bags not in compliance with this chapter shall constitute a rebuttable presumption of violation of this chapter.

B. Violations of this chapter shall be enforced as follows:

1. For the first violation, upon a determination that a violation of this chapter has occurred, the city shall issue a written warning notice to the commercial establishment which will specify the violation and the appropriate penalties in the event of future violations.

2. Thereafter, any person violating or failing to comply with any of the requirements of this chapter shall be subject to remedies specified pursuant to Chapters 1.06 and 1.08 of this code.

3. Each and every sale or other transfer of a single-use bag shall constitute a separate violation of this chapter.

4. The city attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

C. The remedies and penalties provided in this chapter are cumulative and not exclusive of other remedies and penalties available under other provisions of applicable law.

(Ord. No. 655, § 2, 3-12-2012)

This chapter and any provisions thereof shall be null and void upon the adoption of any state or federal law or regulation imposing the same or essentially the same limits on the use of prohibited products as set forth in this chapter. This chapter is intended to be a proper exercise of the city's police power, to operate only upon its own facilities and commercial establishments acting within its boundaries, and not to regulate inter-city or interstate commerce. It shall be construed in accordance with that intent.

(Ord. No. 655, § 2, 3-12-2012)