Dana Point Municipal Code Ch. 6.47 Plastic Carry-Out Bags

For purposes of this Chapter, the following terms shall have the following meanings:

"Affected retail establishment"

means any retail establishment, vendor, or non-profit vendor located within or doing business within the geographical limits of the City of Dana Point, and which is subject to the provisions of this Chapter.

"City-sponsored event"

means any event organized or sponsored by the City of Dana Point or any department of the City of Dana Point.

"Customer"

means any person obtaining goods from an affected retail establishment.

"Grocery store"

means any dealer in staple foodstuffs, meats, produce and dairy products and usual household supplies.

"Non-profit vendor"

means a recognized tax exempt organization which provides goods as a part of its services.

"Pharmacy"

means a retail use where the profession of pharmacy by a pharmacist licensed by the State of California in accordance with the Business and Professions Code is practiced and where prescription medications are offered for sale.

"Plastic carry-out bag" or "plastic bag"

means any bag made from plastic (including compostable and biodegradable plastic), excluding reusable bags, provided by an affected retail establishment to a customer at the point of sale for the purpose of carrying away goods.

"Recyclable"

means material that can be sorted, cleansed, and reconstituted using Dana Point'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.

"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 40% post-consumer recycled content; and (3) displays the words "Reusable" and "Recyclable" in a highly visible manner on the outside of the bag.

"Retail establishment"

means any commercial business facility that sells goods directly to the ultimate consumer including, but not limited to, grocery stores, pharmacies, liquor stores, and "mini-marts." The term "retail establishment" shall also include any retail store, vendor, and non-profit vendor selling clothing, food or personal items.

"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 definition, 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 is made from a material that can be cleaned or disinfected; (4) does not contain lead, cadmium, or any other heavy metal in toxic amounts; (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; and (6) if made of plastic, is a minimum of at least 2.25 mils thick.

"Vendor"

means any store, shop, sales outlet or other commercial establishment located within or doing business within the City of Dana Point, which provides perishable or nonperishable goods.

(Added by Ord. 12-04, 3/6/12)

(a) No affected retail establishment shall provide plastic carry-out bags to customers at the point of sale. Reusable bags and recyclable paper bags are allowed alternatives.

(b) Nothing in this Chapter shall be read to preclude affected retail establishments from making reusable bags and recyclable paper bags available to customers.

(c) Affected retail establishments are strongly encouraged to provide incentives for the use of reusable bags through education, credits, or rebates for customers that use reusable bags at the point of sale for the purpose of carrying away goods, and/or by charging customers for each paper bag distributed at the point of sale.

(d) No person shall distribute plastic carry-out bags at any City-sponsored event, or at any City facility or any event held on City property.

(Added by Ord. 12-04, 3/6/12)

For affected retail establishments whose annual taxable sales exceed four million dollars ($4,000,000.00), the provisions of this Chapter shall become operative on April 1, 2013. For all other affected retail establishments, the provisions of this Chapter shall become operative on October 1, 2013.

(Added by Ord. 12-04, 3/6/12)

(a) This Chapter shall apply only to plastic carry-out bags provided at the point of sale for the purpose of carrying away goods. This Chapter shall not apply to single-use plastic produce bags distributed in a grocery store exclusively for the purpose of transporting produce, meats, fish, and/or poultry to the point of sale.

(b) Upon receipt of a written application, the City Manager, or 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 the ordinance codified in this Chapter, upon sufficient showing by the applicant that the provisions of this Section would cause undue hardship.

(1) 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 establishment;

(B) Situations where compliance with the requirements of this Chapter would deprive a person of a legally protected right.

(2) The written application shall include all information necessary for the making of a decision on the application, including, but not limited to, documentation showing the factual support for the claimed exemption. The applicant may be required to provide additional information to permit the determination of facts regarding the exemption application.

(3) An exemption application may be approved in whole or in part, with or without conditions.

(4) An affected retail establishment granted an exemption must reapply in writing prior to the end of the one year exemption period and demonstrate continued undue hardship if it wishes to have the exemption extended.

(c) The City Manager and/or designee may also determine to exempt from the requirements of this Chapter the procurement of supplies or services in the event of a proclaimed emergency or when otherwise deemed necessary by the City Manager for the immediate preservation of the public health, safety, or general welfare.

(Added by Ord. 12-04, 3/6/12)

(a) Whenever the City Manager or designee finds that any provision of this Chapter has been violated, the City Manager shall give notice of such violation by means of a written warning. In any such warning, the City Manager shall:

(1) Set forth the specific violation or violations found;

(2) Establish a specific and reasonable period of time for the correction of the violation or violations; and

(3) State that failure to comply with any notice issued in accordance with the provisions of this Subsection shall be punishable by a fine in an amount consistent with Subsection (b) of this Section.

(b) Following the issuance of a written warning, an offense under this Chapter shall be punishable by a fine of not more than $100 for the first conviction, and a fine of not more than $250 for the second and any subsequent conviction.

(c) Each and every day that a violation occurs shall constitute a separate violation of this Chapter.

(d) The City Attorney may seek legal, injunctive, or other equitable relief to enforce this Chapter.

(Added by Ord. 12-04, 3/6/12)