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ORDINANCE N0.06 DOC CODE: ORDINANCE
Pg 1 of 7, 04/06/2023 at 12:43:57 PM
SERIES OF 2023 Ingrid K. Grueter, Pitkin County, CO
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING CHAPTER 13.24 OF THE CITY OF ASPEN MUNICIPAL CODE
ENTITLED "WASTE REDUCTION" TO INCLUDE PROVISIONS RESTRICTING USE
OF DISPOSABLE PLASTIC BAGS CONSISTENT WITH COLORADO HOUSE BILL 21-
1162 AND PORHIBITING THE USE OF CERTAIN PLASTIC MATERIALS.
WHEREAS, the City Council for the City of Aspen has adopted policies and regulations,
including the Ecological Bill of Rights, Mayor's Climate Protection Agreement, Aspen
Sustainability Action Plan, and Aspen Area Community Plan, to protect the environment and the
health of its citizens and visitors; and
WHEREAS, the proliferation and expanding use of single -use plastics, including single -
use plastic bags and Polystyrene products, also known in certain nomenclature as the trademarked
name of StyrofoamTM, (collectively referred to as "single -use plastics") within the City is a threat
to the health, safety, and welfare of residents and contrary to adopted City environmental and
climate policies; and
WHEREAS, the use of single -use plastics have severe environmental impacts on a local
and global scale, including greenhouse gas emissions, litter, harm to wildlife, atmospheric
acidification, water consumption, and solid waste generation; and
WHEREAS, single -use plastics generally degrade and decompose at an extremely slow
rate, where decomposition often takes over a hundred years, impacting the health of the natural
environment, and
WHEREAS, on October 11, 2011, the City Council adopted Ordinance No. 24, Series of
2011, which added a new Chapter 13.24 entitled "Waste Reduction" to the City of Aspen
Municipal Code; and
WHEREAS, the stated purpose of Ordinance 24, Series of 2011 was to reduce the cost to
the City of solid waste disposal, and to protect our environment and our natural resources by
banning the use of disposable single -use plastic bags and to mandate a fee for the use of paper bags
at grocery stores; and
WHEREAS, Ordinance No. 24, Series of 2011 has been effective in dramatically reducing
the use of single -use plastic bags in Aspen for the last ten (10) years, and
WHEREAS, Ordinance No. 24, Series 2011 imposed a fee of $.20 for each disposable
paper bag provided to a customer by a grocer, and
WHEREAS, on July 6, 2021, the Colorado General Assembly passed Colorado House Bill
21-1162, also known as the "Plastic Pollution Reduction Act" ("the Act") which imposed similar
restrictions on the use of plastic bags as Ordinance No. 24, Series of 2011, expanded the
applicability of plastic bag restrictions to other types of retailers, and additionally placed
restrictions on the use of expanded polystyrene food containers effective July 1, of 2024, and
WHEREAS, the City Council finds that restricting the use of single -plastics consistent with
the Act will support adopted City environmental and climate policies, and mitigate the harmful
effects of such materials on our natural environment, and
WHEREAS, this ordinance is intended to replace Ordinance No. 24, Series of 2011, and
amend Chapter 13.24 of the City of Aspen Municipal Code, to replicate the requirements of the
Act regarding the remittance and distribution of fees collected pursuant to Chapter 13.24 of the
City of Aspen Municipal Code and add restrictions called for by the Act on the use of expanded
polystyrene food containers as part of the City of Aspen Municipal Code; and
WHEREAS, the City Council has determined that the health, safety and welfare of the
citizens, residents, and visitors of the City of Aspen will be served by this Ordinance, which will
regulate the distribution of single -use plastic products within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITYCOUNCIL OF THE CITY
OF ASPEN, COLORADO:
Section 1.
Chapter 13.24 of the City of Aspen Municipal Code shall be amended as follows:
13.24.010— Definitions
Section 13.24.010 shall be amended to include the definitions set forth in the Plastic Pollution
Reduction Act, Colo. Rev. Stat. section 25-17-503, as it may be amended from time to time.
13.24.90 Repeal of Ordinance 24, Series of 2011
(1) Prior to May 1, 2023, the City shall retain its prohibitions on disposable plastic bags
applicable to grocers established by Ordinance 24, Series of 2011 and set forth in sections
13.24.020 through 13.24.080 of the City of Aspen Municipal Code.
(2) Ordinance 24, Series of 2011 shall be repealed effective May 1, 2023.
13.24.100 — Single -use plastic carryout bag prohibition
(1) Subject to Section 13.24.110, on and after January 1, 2024, a store or retail food
establishment shall not provide a single -use plastic carryout bag to a customer, except
that a retail food establishment need not comply with this section if the retail food
establishment:
a. Prepares or serves food in individual portions for immediate on or off -premises
consumption; and
b. Is not a grocery store or convenience store.
(2) (a) Subject to the carryout bag fee applied to single -use plastic carryout bags in section
13.24.110, a store or retail food establishment may provide a single -use plastic carryout
bag to a customer on or before June 1, 2024, if the single -use plastic carryout bag was
part of the store's or retail food establishment's inventory before January 1, 2024.
(3) This subsection (2) is repealed effective September 1, 2024
13.24.110 — Carryout bag fee — disposition of money
(1) (a) On and after May 1, 2023, and before January 1, 2024, a store may provide a
customer with one or more recycled paper carryout bags or single -use plastic carryout
bags at the point of sale only if the customer pays a carryout bag fee of twenty cents
($.20) per recycled paper carryout bag or single -use plastic carryout bag. For each
carryout bag or single -use plastic carryout bag fee collected pursuant to this section, the
shore shall:
(I) Remit, in accordance with subsection (3)(d) of this section, sixty percent (60%) of
the first ten cents ($.10) and the remainder of the fee to the City which shall use
the remitted fee to pay:
i. Administrative and enforcement costs incurred as a result of this section
ii. Costs associated with any recycling, composting, or other waste diversion
programs and related outreach and education activities, and
(II) Retain forty percent (% 40) of the first ten cents ($.10) of the fee, which portion
of the fee does not count as revenue for the purpose of calculating sales tax.
(III) The carryout bag fee set forth in subsection (1)(a) of this section does not apply
to a customer that provides evidence to the store that the customer is participating
in a federal or state food assistance program.
(b) This subsection (1) is repealed, effective September 1, 2024.
(2) (a) On and after January 1, 2024, a small store may provide a customer with one or more
recycled paper carryout bags at the point of sale only if the customer pays a carryout bag
fee of twenty cents ($.20) per recycled paper carryout bag. For each carryout bag or
single -use plastic carryout bag fee collected pursuant to this section, the shore shall:
(I) Remit, in accordance with subsection (3)(d) of this section, sixty percent (60%) of
the first ten cents ($.10) and the remainder of the fee to the City which shall use
the remitted fee to pay:
i. Administrative and enforcement costs incurred as a result of this section
ii. Costs associated with any recycling, composting, or other waste diversion
programs and related outreach and education activities, and
(II) Retain forty percent (% 40) of the first ten cents ($.10) of the fee, which portion
of the fee does not count as revenue for the purpose of calculating sales tax.
(b) The carryout bag fee set forth in subsection (1)(a) of this section does not apply to a
customer that provides evidence to the store that the customer is participating in a federal
or state food assistance program.
(c) (I) Beginning January 1, 2024 and ending June 1, 2024, a store may provide a
customer with a single -use plastic carryout bag at the point of sale for the carryout bag
fee described in subsection (2)(a) of this section only if the single -use plastic carryout bag
is within the store's remaining inventory pursuant to section 13.24.100(2)(a). The store
shall remit the fee collected pursuant to this subsection pursuant to subsection (2)(a) of
this section.
(II) This subsection (2)(c) is repealed effective July 1, 2024.
(3) In providing carryout bags for a fee pursuant to this section a store shall:
(a) For each customer provide on the customer's transaction receipt a record of the
number of carryout bags provided as part of the transaction and the total amount of
fees charged for the carryout bags provided, itemized by type of carryout bag;
(b) Not refund to the customer any portion of the carryout bag fee, either directly or
indirectly, or advertise or otherwise convey to customers that any portion of the
carryout bag fee will be refunded;
(c) Conspicuously display a sign in a location inside or outside the store, which sign
alerts customers about the carryout bag fee; and
(d) (1) On a quarterly basis starting April 1, 2024, remit from the total amount of
carryout bag fees collected in the previous quarter the amount that is owed to the
City's finance department. A store need not remit carryout bag fees collected in any
quarter in which the collected fees total less than twenty dollars ($20.00). The store
shall retain those collected fees until the store has more than twenty dollars ($20.00)
worth of collected fees to remit and shall remit those fees as part of the next quarterly
remittance.
13.24.120 — Prohibitions on use of expanded polystyrene food containers
(1) Except as provided in subsection (2) of this section, effective January 1, 2024, a retail
food establishment shall not distribute an expanded polystyrene product for use as a
container for ready -to -eat food.
(2) If a retail food establishment purchased expanded polystyrene products before January 1,
2024, the retail food establishment may distribute any remaining inventory of the
expanded polystyrene products then purchased for use as containers for ready -to -eat food
until the inventory is depleted.
13.24.130 — Voluntary Opt — In
Any store or business with a City of Aspen Business license may voluntarily opt into
the provisions of this Chapter and apply the ban and carryout bag fee to its business by
applying with the City of Aspen Environmental Health Department.
13.24.140 — Audits
(1) Each Store shall maintain accurate and complete records of the carryout bag fees
collected, the number of single use plastic carryout bags and recycled carryout bags provided to
customers, the form and recipients of any notice required pursuant to this Chapter, and any
underlying records, including any books, accounts, or invoices, or other records necessary to
verify the accuracy and completeness of such records. It shall be the duty of each grocer, store,
and retail food establishment 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.
(2) If requested, each store, and retail food establishment shall make its records
available for audit by the City Manager or designee during regular business hours in order for the
City to verify compliance with the provisions of this Chapter. All such information shall be
treated as confidential commercial documents.
13.24.150 - Enforcement - possible penalties.
(1) Violations of any of this Chapter shall subject a store and retail food
establishment to the penalties set forth herein:
(a) If it is determined that a violation has occurred, the City shall issue a
wanting notice to the store or retail food establishmcnt for the initial
violation.
(b) If it is determined that an additional violation of this chapter has occurred
within one (1) year after a warning notice has been issued for an initial
violation, the City shall issue a penalty assessment against the violator.
The penalty shall not exceed:
i. One hundred dollars ($100.00) for the first violation after
written warning
ii. Two -hundred dollars ($200.00) for the second violation
after written warning
iii. Three -hundred dollars ($300.00) for the third violation in
the same calendar year as the first and second violation.
iv. All subsequent violations shall require a mandatory court
appearance by the violator, and such penalty as may be
determined by the Court pursuant to Section 1.04.080.
(c) No more than one (1) penalty assessment shall be issued upon the same
violator within a seven (7) day period.
(d) If a payment of any amounts of the carryout bag fee to the City is not
received on or before the applicable due date, penalty and interest charges
shall be added to the amount due in the amount of:
i. A penalty of five percent (5%) of total due, not to exceed
ten dollars ($10.00) each month.
ii. Interest charge of one percent (1 %) of total penalty per
month.
(2) The City may seek injunctive relief to enforce a violation of this Chapter against
a store or retail food establishment.
13.24.160— Exemptions
(1) Nothing in this Chapter prohibits or limits the use of any material used in the packaging
of a product that is regulated as a drug, medical device, or dietary supplement by the food
and drug administration in the United Statement Department of Health and Human
Services under the "Federal Food, Drug, and Cosmetic Act", 21 U.S.C. Sec. 321 et seq.,
as amended, or any equipment and materials used to manufacture such products.
(2) Retail food establishments located within a school shall be exempt from the provisions of
this Chapter.
Section 2:
Any scrivener's errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 4•
If any section, subsection, scntence, clause, phrase, or portion of this resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
INTRODUCED AND READ, as provided by law, by the City Council of the City of Aspen on the
28h day of February 2023.
ATTEST:
L", �1.
Nicole Henning, City Clerk
Torre, Mayor
FINALLY, adopted, passed and approved this 14th day of March, 2023.
ATTEST:
Nicole Henning, City Cle k
APPROVED AS TO FORM:
Torre, Mayor
James R True, City Attorney