HomeMy WebLinkAbout2015-02 Adopting a New Chapter 13 of Title 5 of the TOV Code Establishing Disposable Bag Requirements, including Disposable Paper Bag Fee and Providing for the Collection and Designation of Such FeeORDINANCE NO. 2
SERIES 2015
AN ORDINANCE ADOPTING A NEW CHAPTER 13 OF TITLE 5 OF THE
VAIL TOWN CODE ESTABLISHING DISPOSABLE BAG
REQUIREMENTS, INCLUDING A DISPOSABLE PAPER BAG FEE AND
PROVIDING FOR THE COLLECTION AND DESIGNATION OF SUCH
FEE.
WHEREAS, the Town of Vail, Colorado (the "Town") is a home rule municipality
existing pursuant to the laws of the Colorado Constitution, the Colorado Revised
Statutes and the Town's Home Rule Charter;
WHEREAS, the Town has a duty to protect the natural environment, the
economy and health of its citizens and guests and the Town is committed to
environmental protection and stewardship;
WHEREAS, reducing the use of disposable bags has a positive impact on the
local environment of the Town, including reducing the potential for pollution in the
environment, greenhouse gas emissions, litter, harm to wildlife, water consumption,
energy consumption and solid waste generation;
WHEREAS, as the Eagle County landfill reaches permitted capacity, it is
becoming more difficult and expensive to site, permit and develop new landfill capacity,
and plastic bags create operational problems at the Eagle County Materials Recovery
Facility;
WHEREAS, through the adoption of the Environmental Sustainability Strategic
Plan, the Town has established goals of reducing the waste going to the landfill by 25
percent by 2019, and reducing community greenhouse gas emissions by 20 percent by
2020;
WHEREAS, diverting plastic waste from the landfill is a cost effective and efficient
ways of reducing greenhouse gas emissions resulting from energy and petroleum
products used in processing;
WHEREAS, the Town Council believes that the best alternative to the continued
use of disposable bags is to promote the use of more durable, reusable bags; and
WHEREAS, the Town Council finds and determines that prohibiting disposable
plastic bags and requiring a charge for the use of disposable paper bags at grocers would
help address the environmental and health problems associated with such use, would
relieve Town taxpayers of the costs incurred by the Town in conjunction therewith, and
would be in the best interest of the public health, safety and welfare.
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NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Title 5 of the Vail Town Code is hereby amended by the addition of
a new Chapter 13, to read as follows:
CHAPTER 13
DISPOSABLE BAG REQUIREMENTS
5-13-1: PURPOSE AND INTENT:
The purposes of this Chapter are to protect the public health, safety
and welfare, to address the environmental problems associated with
disposable bags, and to relieve the Town taxpayers of the costs imposed
upon the Town associated with disposable bags. The intent of the
Chapter is to encourage the use of reusable bags.
5-13-2: DEFINITIONS:
For the purposes of this Chapter, the following terms shall have the
following meanings:
DISPOSABLE PAPER BAG: a bag made predominately of paper
that is provided to a customer by a Grocer at the point of sale for the
purpose of transporting goods.
DISPOSABLE PAPER BAG FEE: a Town fee of $.10 imposed and
required to be paid by each consumer making a purchase from a Town
Grocer for each disposable paper bag used during the purchase.
DISPOSABLE PLASTIC BAG: a bag made from either non-
compostable plastic or compostable plastic provided by a Business to a
customer at the point of sale for the purpose of transporting goods. The
term "Disposable Plastic Bag" does not include:
1. Bags provided by pharmacists to contain prescription drugs;
2. Newspaper bags, door -hanger bags, laundry -dry cleaning
bags, or bags sold in packages containing multiple bags intended for use
as garbage, pet waste, or yard waste bags;
3. Reusable Bags;
4. Disposable Paper Bags; or
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5. Bags used by consumers inside stores to:
a. Package bulk items, such as fruit, vegetables, nuts,
grains, candy or small hardware items;
b. Contain or wrap frozen foods, meat, or fish,
regardless of whether the items are prepackaged;
C. Contain or wrap flowers, potted plants, or other items
where dampness may be a problem; or
d. Contain unwrapped prepared foods or bakery goods.
GROCER: a retail business that is located in a permanent
building in the Town containing at least four thousand (4,000) square feet
of retail space, that operates year round as a full -line, self-service market
offering for sale staple foodstuffs, meats, produce, or other perishable
items for off -premise human consumption, but does not include
businesses at which foodstuffs are an incidental part of the business.
INCIDENTAL: when food sales comprise no more than two percent
(2%) of the gross sales of the business in the Town as measured by the
dollar value of food sales as a percentage of the dollar value of total sales
at any single location.
REUSABLE BAG: a bag that:
1. Is designed and manufactured to withstand repeated uses
over a period of time;
2. Is made from a material that can be cleaned and disinfected
regularly;
3. Is at least two and one-quarter (2.25) mils thick if made from
plastic; and
4. Has the capability of carrying a minimum of eighteen
pounds.
5-13-3: RESTRICTIONS ON THE DISTRIBUTION OF DISPOSABLE
BAGS.
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A. Effective August 1, 2015, all Grocers shall only offer either a
Reusable Bag or a Disposable Paper Bag to a consumer pursuant the
fees established in Section 5-13-5.
B. Effective August 1, 2015, it shall be unlawful for any Grocer
to provide Disposable Plastic Bags to customers at any point of sale.
Nothing in this Section shall prohibit persons or Grocers from making
Reusable Bags available to customers for sale or without cost.
C. Violations of this Section shall be subject the offending
person and/or business to the penalties set forth in Section 5-13-9.
5-13-4: RESERVED.
5-13-5: DISPOSABLE PAPER BAG FEE PROGRAM
A. Effective August 1, 2015, a consumer making a purchase
from a Grocer shall pay at the time of purchase a Disposable Paper Bag
Fee of $.10 for each Disposable Paper Bag used during a purchase.
B. Grocers shall record the number of disposable paper bags
provided to any given customer and the total amount of the Disposable
Paper Bag Fee charged to the customer on the customer transaction
receipt.
C. No Grocer may provide a rebate or in any way reimburse a
customer for any part of the Disposable Paper Bag Fee.
D. No Grocer may exempt a customer from any part of the
Disposable Paper Bag Fee for any reason except as provided in Section
5-13-7.
E. Nothing in this Chapter shall prohibit Grocers from providing
incentives for the use of reusable bags through credits or rebates for
customers who bring their own bags to the point of sale for the purpose of
carrying away goods.
F. Nothing in this Chapter shall prohibit customers from using
bags of any type that the customers bring into the store or from carrying
away goods purchased by such customers that are not placed in a bag.
G. Any store or business in the Town may voluntarily opt to
participate in the Disposable Paper Bag Fee Program by providing notice
to the Town of Vail Community Development Department and collecting
the Disposable Paper Bag Fee pursuant to this Chapter.
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5-13-6: RETENTION AND ADMINISTRATION OF DISPOSABLE
PAPER BAG FEE
A. For the first twelve (12) months following the effective date of
the Disposable Paper Bag Fee, each Grocer may retain twenty percent
(20%) of the Disposable Paper Bag Fee as a collection and remittance
expense ("Vendor Fee") to be taken as a Grocer credit against the
Disposable Paper Bag Fee due to the Town. Thereafter the entirety of all
collected Disposable Bag Fees shall be remitted to the Town.
B. Any Vendor Fee retained by a Grocer shall be used to:
1. Provide educational information to customers about
the Disposable Paper Bag Fee;
2. Train staff in the implementation and administration of
the Disposable Paper Bag Fee; and
3. Improve or alter infrastructure to allow for the
administration, collection, implementation, and reporting of the
Disposable Paper Bag Fee.
C. The remaining portion of the Disposable Paper Bag Fee
shall be paid to the Town and shall be deposited as revenue in a
designated waste reduction and reusable line item within the Town's
budget for the following purposes such as but not limited to:
1. Producing and providing reusable bags to Town
residents and guests;
2. Educating Town residents, businesses and guests
about the impacts of waste on the Town's environmental health, the
importance of reducing the number of disposable bags entering the
waste stream, and the impact of disposable bags on the Town's
waterways and the environment;
3. Creating public educational campaigns to raise
awareness about waste reduction and recycling;
4. Funding programs and infrastructure that allows the
Vail community to reduce waste and recycle;
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5. Purchasing and installing equipment designed to
minimize waste pollution, including recycling containers and waste
receptacles;
6. Funding community cleanup or collection events and
other activities to reduce waste;
7. Maintaining a public website for the purpose of
educating the Town's residents and guests on waste reduction
efforts; and
8. Paying for the administration of the Disposable Paper
Bag Fee Program.
D. A Grocer shall pay and the Town shall collect the Disposable
Paper Bag Fee at the same time and pursuant to all applicable provisions
of the Town's sales tax code, and consistent with all applicable sales tax
provisions regarding sales tax administration, collection and enforcement.
The Town shall provide the necessary forms for Grocers to file individual
returns with the Town separate from the Town's sales tax forms to
demonstrate compliance with the Disposable Paper Bag fee.
Notwithstanding the fact that the Disposable Paper Bag Fee will be
collected in the same time and manner used for the collection of sales tax,
such process is for the convenience of the Grocer and does not change
the nature of the Disposable Paper Bag Fee from a fee to a tax.
E. Disposable Paper Bag Fees shall not supplant funds
appropriated as part of an approved annual budget.
F. No Disposable Paper Bag Fees shall revert to the General
Fund at the end of the fiscal year, or at any other time, but shall be
continually available for the uses and purposes set forth in this Chapter
without regard to fiscal year limitation.
5-13-7: EXEMPTIONS.
A. A Grocer may provide a Disposable Paper Bag to a
customer with no fee if the customer provides proof that he or she is a
participant in a federal or state Food Assistance Program.
B. A retail liquor store, as defined in C.R.S. § 12-47-103(31),
may provide a Disposable Paper Bag to a customer with no fee if the
Disposable Paper Bag is provided for the containment of carry -out
alcoholic beverages as defined in C.R.S. § 12-47-103(2).
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5-13-8: AUDITS.
A. Each Grocer shall maintain accurate and complete records
of the Disposable Paper Bag Fees collected under the provisions of this
Chapter and the number of Disposable Paper Bags provided to
customers, and shall also maintain such books, accounts, invoices, or
other documentation necessary to verify the accuracy and completeness
of such records. It shall be the duty of each Grocer to keep and preserve
all such documents and records, including any electronic information, for a
period of three (3) years from the end of the calendar year of such
records.
B. If requested, each Grocer shall make the foregoing records
available for inspection and audit by the Town during regular business
hours so that the Town may verify compliance with the provisions of this
Chapter. To the extent permitted by law, all such records shall be treated
as confidential commercial information.
5-13-9: VIOLATIONS AND PENALTIES.
A. It is unlawful for any Grocer to refuse or neglect to collect the
Disposable Paper Bag Fee set forth in this Chapter.
B. Any person or business that refuses or neglects to comply
with this Chapter shall be subject to the following penalties:
1. Upon the first violation, a penalty assessment in the
amount of fifty dollars ($50.00);
2. Upon a second violation in the same calendar year of
the first violation, a penalty assessment in the amount of one
hundred dollars ($100.00); and
3. Upon a third or subsequent violation in the same
calendar year of the earlier violations, a penalty assessment of
three hundred dollars ($300.00).
C. Each violation of this Chapter shall constitute a separate
offense and shall be punished accordingly.
Section 2. If any part, section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid, such decision shall not effect the validity
of the remaining portions of this ordinance; and the Town Council hereby declares it
would have passed this ordinance, and each part, section, subsection, sentence, clause
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or phrase thereof, regardless of the fact that any one or more parts, sections,
subsections, sentences, clauses or phrases be declared invalid.
Section 3. The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare of the Town of Vail
and the inhabitants thereof.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 17th day of February, 2015 and
a public hearing for second reading of this Ordinance set for the 3rd day of March, 2015,
in the Council Chambers of the V ' icipal Building, V Colorado.
�0�+OF�V�i`
Andrew P. Daly, or
ATTEST:
SEAL
P
Patty nny, T ClerkO— pOQ-
READ AND APPROVED ON SECOND READING AND ORDERED PUBLISHED
this 3rd day of March, 2015.
Andrew P.
ATTEST:
Patty McK��, To erk
/Jo
C1,N.OF.V�i`
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