HomeMy WebLinkAboutordinance.council.17-2023ORDINANCE NO. 17
SERIES OF 2023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING SECTION 13,24,110 OF THE ASPEN MUNICIPAL CODE TO CORRECT
CLERICAL ERRORS
WHEREAS, on or about March 14, 2023, the City of Aspen City Council adopted
Ordinance No. 6, Series of 2023, ("Ordinance #6") which amended Chapter 13.24 of the City of
Aspen Municipal Code to expand restrictions on the use of single -use plastic bags by certain
retailers consistent with Colorado House Bill 214162; and
WHEREAS, Ordinance #6 contained an error in the proposed language for section
13.24.110(2)(a) of the Municipal Code along with other minor scrivener errors; and
WHEREAS, Ordinance #6 is intended to mirror the requirements of Colorado House
B1 1121-1162, also known as the "Plastic Pollution Reduction Act" ("the Act"). Pursuant to the
Act, commencing January 1, 2024, all stores, as the term is defined in the Act, are precluded
from providing asingle-use plastic carryout bag to customers and may only provide a recycled
paper carryout bag to customers at the point of sale; and
WHEREAS, pursuant to Ordinance #6, the definitions set forth in the Act were adopted
and included in Chapter 13.24, and a "store" is distinct from and defined differently than a
"small store"; and
WHEREAS, City Council intended for Section 13.24.110(2)(a) to require only stores
subject to the Act and as defined by Colo. Rev. Stat. § 25-17-503, to collect a bag fee to twenty
cents ($.20) for each recycled paper carryout bag provided to a customer at the point of sale; and
WHEREAS, Section 13.24.110(2)(a) has been codified in the City of Aspen Municipal
Code as Section 13.24.110(b)(1), and is therefore referred to herein as Section 13.24.110(b)(1),
and
WHEREAS, when City Council adopted Ordinance #6, the proposed language for
Section 13.24.110(b)(1)rmstakenly stated the provision applied to "small stores", when in fact,
the intent was for this provision to apply to "stores"; and
WHEREAS, reference to a "single -use plastic carryout bag fee" in section
13.24.110(b)(1) is unnecessary; and
WHEREAS, based upon the forgoing, the Department of Environmental Health and
Sustainability is requesting that the provision of Section 13.24.110(b)(1) setting forth
prohibitions on the use of single -use plastic bags, and fees for recycled papery carryout bags at
the point of sale be amended to reflect these regulation applies to "stores" and not "small stores";
and,
WHEREAS, the proposed amendment to Section 13.24.110(b)(1) is reflected in red with
a strikethrough notation will read as follows:
(b)(1) On and after January 1, 2024, a-sl store may provide a customer with
one or more recycled paper carryout bags at the point of sale only if the customer
pays a carryout bag fee of twenty cents ($.20) per recycled paper carryout bag.
For each carryout bag ging' e use p ^ st aff out bag fee collected pursuant to
this section, the store shall:
WHEREAS, the remainder of Section 13.24.110, including the remainder of subsection
(b) (1) shall remain the same; and
WHEREAS, the Aspen City Council finds that this Ordinance furthers and is necessary
for the promotion of public health, safety, and welfare; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITYCOUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1: Section 13.24.110(b)(1) of the City of Aspen Municipal Code is hereby deleted in its
entirety and replaced with the following:
(b)(1) On and after January 1, 2024, a 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 ($.20) per recycled paper carryout bag. For each carryout bag fee collected
pursuant to this section, the store shall:
(a) Remit, in accordance with subsection (3)(d) of this section, sixty percent (60%) of
the first ten cents ($.10) and the remainder of the fee to the City which shall use
the remitted fee to pay.
1. Administrative and enforcement costs incurred as a result of this section;
and
2. Costs associated with any recycling, composting, or other waste diversion
programs and related outreach and education activities.
(b) 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.
Section 2•
All other provisions of Section 13.24.110, including the remaining portions of subsection (b), shall
remain in full force and effect.
Section 3:
Any scrivener's errors contained in the code amendments approved by Ordinance #6 (Series of
2023) or set forth herein, including but not limited to mislabeled subsections or titles, may be
corrected administratively following adoption of the Ordinance.
Council Ordinance #17, Series of 2023
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Section 4: Effect Upon Existing Litigation.
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 ordinances repealed or amended as herein
provided, and the same shall be conducted and concluded under such prior ordinances.
Section 5: Severaty0
If any section, subsection, sentence, clause, phrase, or portion of this ordinance 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.
Section 6: Effective Date.
In accordance with Section 4.9 of the City of Aspen Home Rule Charter, this Ordinance shall become
effective thirty (30) days following final passage.
Section 7: Public Hearin
A public hearing on this ordinance shall beheld on the 28th day of November 2023, at a meeting of the
Aspen City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by Iaw, by the City Council
of the City of Aspen on the 14' day of November 2023.
Attest:
Nicole Henning, City Clerk
Torre, Mayor
FINALLY, adopted, passed and approved this 28t" day of November 2023.
Attest:
Nicole Henning, City Clerk
Torre, Mayor
Council Ordinance #17, Series of 2023
Approved as to form:
James R. True, City Attorney
Council Ordinance #17, Series of 2023
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