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HomeMy WebLinkAbout2022-23 an Ordinance Repealing and Reenacting Chapter 13 of Title 5 of the Vail Town Code, Regarding Carryout Bag Requirements and FeesORDINANCE NO. 23 SERIES 2022 AN ORDINANCE REPEALING AND REENACTING CHAPTER 13 OF TITLE 5 OF THE VAIL TOWN CODE, REGARDING CARRYOUT BAG REQUIREMENTS AND FEES WHEREAS, the Town has a duty to protect the natural environment, the economy and health of its citizens and guests; WHEREAS, the Town is committed to environmental protection and stewardship; WHEREAS, reducing the use of disposable carryout bags has a positive impact on the local environment, including reducing pollution, greenhouse gas emissions, litter, harm to wildlife, water consumption, energy consumption and solid waste generation; WHEREAS, in March 2015, the Town Council adopted Ordinance No. 2, Series of 2015, which prohibited disposable plastic bags and required a charge for the use of disposable paper bags at grocers; WHEREAS, the Colorado Legislature has adopted the Plastic Pollution Reduction Act, which will impose a statewide carryout bag fee on January 1, 2023, and will prohibit distribution of single -use plastic carryout bags on January 1, 2024; and WHEREAS, the state legislation requires amendments to the Vail Town Code. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. Title 5, Chapter 13 of the Vail Town Code is hereby repealed in its entirety and reenacted follows: CHAPTER 13: CARRYOUT BAGS 5-13-1: PURPOSE: The purpose of this Chapter is to protect the public health, safety and welfare by encouraging the use of reusable carryout bags and discouraging the use of disposable carryout bags. 5-13-2: DEFINITIONS: For purposes of this Chapter, the following terms shall have the following meanings: CARRYOUT BAG: A bag that is furnished to a customer at a store at the point of safe for use by the customer to transport or carry purchased items, 1211412022 HTTPSJ/VAILCOGOV.SHAREPOINT.COWSITI=S?OVFILESHARE/SHARED DOCUMENTSJTOV FILES/ENVIRONMENTAUPLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 20221ORDINANCE NO. 23, SERIES 2022 - 122022.DOCX but excluding: a bag made of paper when the paper has a basis weight of 30 pounds or less; a bag that a pharmacy provides to a customer purchasing prescription medication; a laundry, dry cleaning or garment bag; or a bag that a customer uses inside a store to package loose or bulk items, such as fruits, vegetables, nuts, grains, candy, greeting cards, small hardware, live insects, fish crustaceans, mollusk or other small species, bulk seed, livestock or pet feed, or to contain or wrap unwrapped prepared foods, meat, seafood, fish, flowers, potted plants or other items that, if they were to come into contact with other items, could dampen or contaminate the other items. CONTAINER: A receptacle upon which or inside which food may be placed for consumption, whether or not the receptacle can be fully closed, including hinged food containers, plates, bowls, and trays. FOOD: Any raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale, in whole or in part, for human consumption, but excluding a drug, as defined in C.R.S. § 25-5-402(9). GROCER: A retail business located in a permanent building containing at least 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 -premises human consumption, but excluding businesses at which foodstuffs are an incidental part of the business. PLASTIC: A synthetic material made from linking monomers through a chemical reaction to create a polymer chain that can be molded or extruded at high heat into various solid forms that retain their defined shapes during their life cycle and after disposal. POINT OF SALE: A check-out stand, cash register, or other point in a store or retail food establishment at which a sales transaction occurs, or for products that are ordered remotely from a store or retail food establishment and delivered, the location where the products are delivered. RECYCLED PAPER CARRYOUT BAG: A paper carryout bag made from one hundred (100) percent recycled material or other post -consumer content. RETAIL FOOD ESTABLISHMENT: Has the meaning set forth in C.R.S. § 25-4-1602(14), except it does not include farmers' markets and roadside markets as described in C.R.S. § 25-4-1602(14)0). REUSABLE CARRYOUT BAG: A carryout bag that is designed and manufactured for at least one hundred twenty-five (125) uses, can carry at 2 12/14/2022 HTTPS:INAILCOGOV SHAREPOINT.COM/SITFSITOVFILFSHARE/SHARFD DOCUMFNTSIfOV FILESIFNVIRONMENTALIPLASTIC aAGSIPLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 20221ORDINANCE NO. 23, SERIES 2022 - 12202ZDOCX least twenty-two (22) pounds over a distance of one hundred seventy-five (175) feet, has stitched handles, and is made of cloth, fiber, or other fabric or recycled material such as polyethylene terephthalate (PET); excluding bags made of biologically based polymers such as corn or other plant sources; except that a carryout bag made of hemp is a reusable carryout bag if it is designed and manufactured in accordance with the above terms. SINGLE -USE PLASTIC CARRYOUT BAG: A carryout bag that is a single - use plastic product made predominantly of plastic derived from natural gas, petroleum, or a biologically based source, such as corn or other plant sources, and that is provided to a customer at the point of sale. STORE. A grocer, supermarket, convenience store, liquor store, dry cleaner, pharmacy, drug store, clothing store, or other type of retail establishment at which carryout bags are traditionally provided to customers, including a farmers' market, roadside market or stand, festival, or other temporary vendor or event that includes temporary vendors. (A) Commencing on the effective date of the ordinance codified in this Chapter, all stores shall charge the fee established by Section 5-13-4 for each carryout bag provided to a customer at any point of sale. Commencing on January 1, 2024, all stores and retail food establishments shall charge the fee established by Section 5-13-4 for each carryout bag provided to a customer at any point of sale. (B) Commencing on the effective date of the ordinance codified in this Chapter, no grocer shall provide a single -use plastic carryout bag to a customer at any point of sale. Commencing on January 1, 2024, no store or retail food establishment shall provide a single -use plastic carryout bag to a customer at any point of sale; provided that, until June 1, 2024, a store or retail food establishment may provide a single -use plastic carryout bag to a customer, for the fee established by Section 5-13-4, if the single -use plastic carryout bag was part of the inventory of the store or retail food establishment before January 1, 2024. (C) A retail food establishment is exempt from this Section if it prepares or serves food in individual portions for immediate on -premises or off - premises consumption and is not a grocer or convenience store. (D) This Chapter shall not prohibit a customer from using bags of any type that the customer brings into the store or retail food establishment, or from carrying away goods that are not placed in a bag. 5-134: CARRYOUT BAG FEE: 3 12/14/2022 NTTPS:/NAILCOGOV.8NAREPOINT.COM/SITES/TOVFILESNARE/SNARED DOCUMENTSJTOV F1LESIENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 20221ORDINANCE NO. 23, SERIES 2022 - 122022.DOCX (A) The carryout bag fee shall be $0.25 per carryout bag. (B) Stores shall record the number of recycled paper carryout bags and single -use plastic carryout bags provided to each customer and the total amount of the carryout bag fee charged to the customer on the customer transaction receipt. (C) No store may reimburse a customer for any part of the carryout bag fee, but stores may provide incentives for the use of reusable carryout bags through credits or rebates. (D) Each store shall conspicuously display a sign in a location inside or outside the store, which sign alerts customers about the carryout bag fee. (E) The carryout bag fee shall not apply to any customer that provides proof that they are a participant in a federal or state food assistance program. (F) A store may retain $0.15 of each carryout bag fee charged to be used for: (1) Providing educational information to customers; (2) Training staff in the implementation and administration of the carryout bag fee; (3) Improving or altering infrastructure to allow for the administration, collection, implementation and reporting of the carryout bag fee; and (4) Providing recycled paper carryout bags and reusable carryout bags to customers. (G) The remaining $0.10 of each carryout bag fee shall be paid to the Town, and the Town shall deposit all revenues from carryout bag fees in a designated waste reduction fund, to be used for: (1) Producing and providing reusable carryout bags to Town residents and guests; (2) Providing education and outreach campaigns to raise awareness about waste reduction, recycling and compost; (3) Funding programs and infrastructure that allow the community to reduce waste and recycle; 4 1211412022 HTTPS:/NAILCOGOV.SHAREPOIN7 COM/SITES/TOVFILESHARE/SHARED DOCUMENTS/TOV FILES/ENVIRONMENTAL/PLASTIC BAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 20221ORDINANCE NO. 23, SERIES 2022 - 122022.DOCX (4) Purchasing and installing equipment designed to minimize waste pollution, including recycling containers and waste receptacles; (5) Funding community cleanup or collection events and other activities to reduce waste; (6) Maintaining a public website for the purpose of educating the Town's residents and guests on waste reduction efforts; and (7) The administration of the carryout bag fee. (H) The carryout bag fee shall be paid pursuant to all applicable provisions of the Town's safes tax code, including administration, collection and enforcement. The Town shall provide the necessary forms for stores to file individual returns with the Town to demonstrate compliance with this Chapter. Notwithstanding this method of collection, the carryout bag fee is not a tax. (A) Each store shall maintain accurate and complete records of the carryout bag fees collected under this Chapter and the number of carryout 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. All such documents and records shall be maintained for a period of three (3) years from the end of the calendar year of such records. (B) If requested, each store 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 this Chapter. 5-13-6: VIOLATION AND PENALTY: (A) It is unlawful to violate this Chapter. Each violation of this Chapter shall constitute a separate offense. (B) Violations of this Chapter shall be punishable as follows- (1) First violation in any calendar year: a fine of $50; (2) Second violation in the same calendar year: a fine of $100; and (3) Third orsubsequent violation in the same calendar year: a fine of $300. 4 � rxr -.v+• n a 12/14/2022 HTTP 4ZLCOGOV.SNARE•POINT.COM/S1TES/TOVFILESHARFJSHARED DOCUMENTS/TOV FILES/ENVIRONMENTAUPLAShC QAGS/PLASTIC POLLUTION REDUCTION ACT/ORDINANCE NO. 23, SERIES OF 20221ORDINANCE NO. 23, SERIES 2022 - 122022. DOCX 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 Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause 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 Council hereby finds, determines and declares that this ordinance is necessary and proper for the health, safety and welfare of the Town and the inhabitants thereof. Section 4. The amendment of any provision of the Town Code as provided in this ordinance shall not affect any right which has accrued, any duty imposed, any violation that occurred prior to the effective date hereof, any prosecution commenced, nor any other action or proceeding as commenced under or by virtue of the provision amended. The amendment of any provision hereby shall not revive any provision or any ordinance previously repealed or superseded unless expressly stated herein. Section 5. All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent herewith are repealed to the extent only of such inconsistency. This repealer shall not be construed to revise any bylaw, order, resolution or ordinance, or park thereof, theretofore repealed. Section 6. This ordinance shall take effect on January 1, 2023. INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED PUBLISHED ONCE IN FULL ON FIRST RE DING this 6tn day of December, 2022 and a public hearing for second reading of O set for the 20th day of December, 2022, in the Council Chambers of� i 'Iding, Vail, Colorado. ATTEST: Stephanie Bibbens, Town Clerk READ AND APPROVED ON S this 20th day of December, 2022. ATTEST: Steph ie Bibbens, Town Cleric , Mayor Aim NG AND ORDERED PUBLISHED O��RATED� yor