Chapter 8.17 — PLASTIC CARRYOUT BAGS

The following definitions apply to this chapter:

For the purpose of this chapter, the following definitions shall apply to the capitalized terms unless the context clearly indicates or requires a different meaning.

"Customer" means any person obtaining goods from a retail establishment.

"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.

"Person" means any natural person, firm, corporation, partnership, or other organization or group however organized.

"Post-Consumer Recycled Content" means material that would otherwise be destined for solid waste disposal, having completed its intended end use and product life cycle. Post-consumer recycled content does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process.

"Prepared Food" means foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. Prepared food does not include any raw, uncooked meat product or fruits or vegetables which are chopped, squeezed, or mixed.

"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.

"Recycled Content Paper Bag" means a paper bag that meets all of the following requirements:

(1)

Contains no old growth fiber;

(2)

Is one hundred percent recyclable overall and contains a minimum of forty percent postconsumer recycled content;

(3)

Is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400; and

(4)

Is accepted for recycling in curbside programs in the City of Grass Valley or the County of Nevada.

"Retail Establishment" means any commercial establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer; and is located within or doing business within the geographical limits of the City of Grass Valley. "Retail establishment" does not include a restaurant, coffee shop, take-out food establishment, or any other business that receives ninety percent or more of its revenue from the sale of prepared food to be eaten on or off its premises.

"Reusable Bag" means either a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for multiple reuse.

"Single-Use Plastic Carryout Bag" means a bag with handles made predominantly of plastic derived from either petroleum or a biologically-based source, provided at the check stand, cash register, point of sale or other point of departure, including departments within a store, for the purpose of transporting food or merchandise out of a retail establishment. "Single-use plastic carryout bags" do not include reusable bags, bags which form part of a product's packaging or bags without handles provided to the customer, including, but not limited to, bags provided:

(1)

To transport prepared food, produce, bulk items such as loose beads or small hardware items, bulk food or meat from a department within a store to the point of sale;

(2)

Dry-cleaning;

(3)

To hold prescription medication dispensed from a pharmacy licensed pursuant to Chapter 9 (commencing with Section 4000) of Division 2 of the Cal. Business and Professions Code; or

(4)

To segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag.

(Ord. No. 753, § II(Exh. A), 8-16-2014)

A.

No retail establishment shall provide a single-use plastic carryout bag to a customer for the purpose of transporting food or merchandise out of the establishment, except as provided in this section.

B.

Nothing in this chapter prohibits customers from using bags of any type that they bring to a retail establishment or from carrying away goods that are not placed in a bag at point of sale, in lieu of using bags provided by the establishment.

(Ord. No. 753, § II(Exh. A), 8-16-2014)

The city manager may exempt a retail establishment from the provisions of Section 8.17.020 of this chapter for a period of up to six months from the implementation date of this chapter upon the retail establishment furnishing written evidence that the enforcement of such provisions would create an undue hardship or practical difficulty not generally applicable to other retail establishments in similar circumstances. The city

manager's written decision shall be final as to the city and subject to judicial review pursuant to Code of Civil Procedure section 1085 et seq.

(Ord. No. 753, § II(Exh. A), 8-16-2014)

A.

Whenever the city manager 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 to the operator of a retail establishment. In any such warning the city manager shall:

Set forth the specific violation or violations found;

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

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 one hundred dollars for the first conviction, and a fine of not more than two hundred fifty dollars 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. In addition, upon the city manager's issuance of a penalty for a second violation of this chapter, the terms of this chapter may thereafter be enforced by any means authorized by this Code for enforcement or abatement of code violations or nuisances, as well as any other remedy otherwise available at law or in equity. The city shall be entitled to recover costs of enforcement and abatement in the same manner it may recover costs for abatement of nuisances under Chapter 1.14 of this Code.

(Ord. No. 753, § II(Exh. A), 8-16-2014)

This chapter shall become operative and enforceable on January 1, 2015.

(Ord. No. 753, § II(Exh. A), 8-16-2014)

Nothing in this chapter is intended to create any requirement, power or duty that is in conflict with any federal or state law.

(Ord. No. 753, § II(Exh. A), 8-16-2014)