HomeMy WebLinkAboutordinance.council.024-11 Ordinance No. 3c/
Series of 2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 13 OF THE ASPEN MUNICIPAL CODE TO ADD A NEW CHAPTER
13.24 ENTITLED: "WASTE REDUCTION."
WHEREAS, The City Council has a duty to protect the natural environment and the health of its
citizens and visitors; and
WHEREAS, the use of all single -use shopping bags (plastic and paper) 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, despite recycling and voluntary solutions to control pollution from disposable
carryout bags, very few disposable carryout bags are recycled, and these bags last decades in the
landfill, taking up valuable landfill space; and
WHEREAS, numerous studies have documented the prevalence of single -use plastic bags
littering the environment, blocking storm drains and endangering wildlife; and
WHEREAS, approximately two billion (2,000,000,000) single use plastic bags are used annually
in Colorado but less than five percent (5 %) are recycled; and
WHEREAS, the City of Aspen's taxpayers must bear the brunt of clean-up costs of this litter;
and
WHEREAS, of all single -use bags, plastic bags have the greatest impact on litter and wildlife;
and
WHEREAS, it is known and documented that disposable paper bags are not environmentally
sound alternatives to plastic carryout bags because the production of these types of bags
contributes to natural resource depletion, greenhouse gas emissions, and waterborne wastes; and
WHEREAS, the use of disposable paper bags results in greater greenhouse gas emissions,
atmospheric acidification, water consumption, and ozone production than single -use plastic bags;
and
WHEREAS, from an overall environmental and economic perspective, the best alternative to
single -use plastic and paper bags is to shift to reusable bags for shopping; and
WHEREAS, there are several alternatives to single -use bags readily available in the City of
Aspen; and
WHEREAS, the City Council of the City of Aspen aims to conserve resources, reduce
greenhouse gas emissions, waste, and litter, and to protect the public health and welfare,
including wildlife, all of which increase the quality of life for the City's residents and visitors;
and
WHEREAS, evidence indicates that a vast majority of single use disposable bags are used for the
bagging and carryout of products purchased from grocers; and
WHEREAS, studies document that banning plastic bags and placing a mandatory fee on paper
bags will dramatically reduce the use of both types of bags; and
WHEREAS, the City of Aspen believes that residents and visitors should use reusable carryout
bags and that a fee on the distribution of paper bags by grocers is appropriate to fund the City's
s efforts to educate residents, businesses, and visitors about the impact of trash on the regional
environmental health and to fund the use of reusable carryout bags, City cleanup events and
infrastructure and programs that reduce waste in the community; and
WHEREAS, Environmental Health Department staff commit to returning to Council within one
year of the implementation date of this ordinance to discuss the successes of the ordinance and
provide suggestions for future programs; and
WHEREAS, it is in the best interest of the health, safety and welfare of the citizens and visitors
of Aspen 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1.
That Title 13 of the Municipal Code of the City of Aspen is hereby amended by the addition of a
new Chapter 13.24, which chapter shall read as follows:
Chapter 13.24
WASTE REDUCTION
13.24.010 Definitions.
For purposes of this Chapter, the following terms shall have the meanings ascribed to them:
Disposable Paper Bag. The term Disposable Paper Bag means 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 Plastic Bag. The term Disposable Plastic Bag means any bag that is less than
two and one - quarter mil thick and is made predominately of plastic derived from petroleum or
from bio -based sources, provided to a customer at the point of sale for the purpose of
transporting goods. Disposable Carryout Bag does not mean:
(a) Bags used by consumers inside stores to:
(1) Package bulk items, such as fruit, vegetables, nuts, grains, candy or small
hardware items;
(2) Contain or wrap frozen foods, meat, or fish;
(3) Contain or wrap flowers, potted plants, or other items where dampness may be a
problem; and,
(4) Contain unwrapped prepared foods or bakery goods;
(5) A non - handled bag used to protect a purchased item from damaging or
contaminating other purchased items when placed in a recyclable paper bag or
reusable bag.
(b) Bags provided by pharmacists to contain prescription drugs;
(c) 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;
Grocer. The term Grocer means a retail establishment or business located within Aspen
City limits in a permanent building, operating year round, that is a full -line, self - service market
and which sells a line of staple foodstuffs, meats, produce, household supplies, or dairy products
or other perishable items. Grocer does not mean:
(a) Temporary vending establishment for fruits, vegetables, packaged meats and dairy.
(b) Vendors at farmer's markets or other temporary events.
(c) Location where foodstuffs is not the majority of sales for that business.
(d) Location where the facility is less than 3500 sq. ft.
Reusable Bag. The term Reusable Bag means a bag that is:
(a) Designed and manufactured to withstand repeated uses over a period of time; and
(b) Is made from a material that can be cleaned and disinfected regularly; and
(c) That is at least 2.25 mil thick if made from plastic; and
(d) Has a minimum lifetime of seventy five uses; and
(e) Has the capability of carrying a minimum of eighteen pounds.
Waste Reduction Fee. The term Waste Reduction Fee means a City fee imposed and
required to be paid by each consumer making a purchase from a Grocer for each Disposable
Paper Bag used during the purchase.
13.24.020 Prohibitions
On and after the effective date:
(a) No Grocer shall provide a Disposable Plastic Bag to a customer at the point of sale.
(b) Nothing in this section shall preclude persons or Grocers from making Reusable Bags
available for sale or for no cost to customers.
13.24.030 Paper Bag fee requirements
(a) Grocers shall collect from customers, and customers shall pay, at the time of
purchase, a Waste Reduction Fee of $0.20 for each Disposable Paper Bag provided to the
customer.
(b) Grocers shall record the number of Disposable Paper Bags provided and the total
amount of Waste Reduction Fee charged on the customer transaction receipt.
(c) A Grocer shall not refund to the customer any part of the Waste Reduction Fee, nor
shall the grocer advertise or state to customers that any part of the Waste Reduction Fee will be
refunded to the customer.
(d) A Grocer shall not exempt any customer from any part of the Waste Reduction Fee
for any reason except as stated in Section 13.24.070, below.
13.24.040 Voluntary Opt In
(a) Any store or business with a City of Aspen business license may voluntarily opt in to
the Waste Reduction Program and apply the ban and Waste Reduction Fee to its
business by applying with the City of Aspen Environmental Health Department.
13.24.050 Retention, remittance, and transfer of the Waste Reduction Fee
(a) A Grocer may retain 25% of each Waste Reduction Fee collected up to a maximum
amount of one thousand dollars ($1000) per month within the first twelve (12) months of the
effective date of this ordinance and one hundred dollars ($100) per month for all months
thereafter.
(b) The retained percent is limited to allowable use for the Grocer to:
(1) Provide educational information about the Waste Reduction Fee to customers;
(2) Train staff in the implementation and administration of the fee; and
(3) Improve or alter infrastructure to allow for the implementation, collection and
administration of the fee.
(c) The portion of the fees retained by a Grocer pursuant to this ordinance shall not be
classified as revenue for the purposes of calculating sales tax;
(d) The remaining portion of each Waste Reduction Fee collected by a Grocer shall be
paid to the City of Aspen Finance Department and shall be deposited in the Waste
Reduction and Recycling Account.
(e) A Grocer shall pay and the City of Aspen shall collect all Waste Reduction Fees at the
same time as the City Sales Tax. The City shall provide the necessary forms for
Grocers to file individual returns with the City, separate from the required City Sales
Tax forms, to demonstrate compliance with the provisions of this ordinance.
(1) If payment of any amounts to the City is not received on or before the
applicable due date, penalty and interest charges shall be added to the amount
due as described in Section 13.24.080.
(1)The Waste Reduction Fee shall be administered by the City of Aspen Environmental
Health Department.
(g) Funds deposited in the Waste Reduction and Recycling Account shall be used for the
following projects, in the following order of priorities:
(1) Campaigns conducted by the City of Aspen and begun within 365 days of the
effective date of this act, to:
(A) Provide reusable carryout bags to residents and visitors; and
(B) Educate residents, businesses, and visitors about the impact of trash
on the City's environmental health, the importance of reducing the
number of disposable carryout bags entering the waste stream, and
the impact of disposable carryout bags on the waterways and the
environment.
(2) Ongoing campaigns conducted by the City of Aspen to:
(A)Provide reusable bags to both residents and visitors; and
(B) Create public educational campaigns to raise awareness about waste
reduction and recycling;
(C) Funding programs and infrastructure that allows the Aspen community
to reduce waste and recycle.
(D)Purchasing and installing equipment designed to minimize trash
pollution, including, recycling containers, and waste receptacles;
(E) Funding community cleanup events and other activities that reduce
trash;
(F) Maintaining a public website that educates residents on the progress of
waste reduction efforts; and
(G) Paying for the administration of this program.
(h)No Waste Reduction Fee collected in accordance with this ordinance shall be used
to supplant funds appropriated as part of an approved annual budget.
(i) No Waste Reduction Fee collected in accordance with this ordinance 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 Subsection (g) of this
Section without regard to fiscal year limitation.
13.24.060 Required Signage for Grocers.
Every Grocer subject to the collection of the Waste Reduction Fee shall display a sign in a
location outside or inside of the business, viewable by customers, alerting customers to the City
of Aspen imposed ban and fee.
13.24.070 Exemptions
A Grocer may provide a Disposable Paper Bag to a customer at no charge to that customer if the
customer provides evidence that he or she is a participant in a Colorado Food Assistance
Program.
13.24.080 Audits and Violations
(a) Each Grocer licensed pursuant to the provisions of this Chapter shall maintain
accurate and complete records of the Waste Reduction Fees collected, the number of
Disposable Paper Bags provided to customers, the form and recipients of any notice
required pursuant to this Chapter, and any underlying records, including any books,
accounts, invoices, or other records 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 its records available for audit by the City
Manager 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.
(c) Violation of any of the requirements of this act shall subject a Grocer to the penalties
set forth in this Section.
(1) If it is determined that a violation has occurred, the City of Aspen shall issue a
warning notice to the Grocer for the initial violation.
(2) If it is determined that an additional violation of this Chapter has occurred
within one year after a warning notice has been issued for an initial violation, the
City of Aspen shall issue a notice of infraction and shall impose a penalty against
the retail establishment.
(3) The penalty for each violation that occurs after the issuance of the warning
notice shall be no more than:
A) $50 for the first offense
B) $100 for the second offense
C) For the third and all subsequent offenses there shall be a
mandatory Court appearance and such penalty as may be determined by the Court
pursuant to Section 1.04.080.
(4) No more than one (1) penalty shall be imposed upon a Grocer within a
seven (7) calendar day period.
(5)A Grocer shall have fifteen (15) calendar days after the date that a notice of
infraction is issued to pay the penalty.
(6)The penalty shall double after fifteen (15) calendars days if the Grocer does not
pay the penalty; or fails to respond to a notice of infraction by either denying or
objecting in writing to the infraction or penalty.
(d) If payment of any amounts of the Waste Reduction 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:
(1) A penalty of five percent (5 %) of total due, not to exceed ten dollars ($10)
each month.
(2) Interest charge of one percent (1%) of total penalty per month.
Section 2. Severability.
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 3 Existing Litigation.
This ordinance shall not have any effect on existing litigation and shall not operate as an abatement
of any action or proceeding now pending under or by virtue of the ordinances amended as herein
provided, and the same shall be construed and concluded under such prior ordinances.
Section 4 Effective Date.
This ordinance shall take effect on May 1, 2012.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of
the City of Aspen on the�2 day of ah ) , 2011. �,� /����CTee/'
Michael C. Ireland, Mayor
ATTEST: K .
c�Z V
.... A .,._ .
Kathryn Koch, City Clerk
FINALLY, adopted, passed and approved thiPiklay oQ 2011.
Michael C. Ireland, Mayor
ATTEST: APPROVED AS TO FORM:
''
Kathryn Koch, City Clerk r o n orcester, City Attorney
Thu, Dec 15, 2011 09:05:01 r d ,xu
' -` 7167339
Ad Ticket #5 la- 3 o ^ f [
Acct: 1013028 Name: Aspen (LEGALS) City of
Phone: (970)920 -5064 Address: 130 S Galena St
E -Mail:
Client:
Caller: Kathy Strickland Cit Aspen
Receipt State: CO Zip: 81611
_
Ad Name: 7167339A Original Id: 0
Editions: 8ATI /8ATW/ Class: 0990
Start: 10/30/11 Stop: 10/30/11
Color: Issue 1
Copyline: atw Ordinance #24 Rep: AT Legals
Lines: 17 LEGAL NOTICE
ORDINANCE #24, 2011, PUBLIC HEARING
Depth: 1.43 Ordinance #24. Series of 2011. was adopted on
1 first reading at the City Council meeting August 22,
Columns: 2011. The public hearing on this ordinance was
Discount: 0.00 held Oct. 11.2011 at 5 PM. City hall. 130 South
Galena. This ordinance bans the use of plastic
Commission: 0.00 bags at check out grocery stores. There is also a
Net:
0.00 .20 charge for paper bags.
Tax: 0.00 To see the entire text. go to the city's legal notice
website
Total 8.60 I http:!/ www. aspenpitkin .cotn!DepartmentsiC/erk
Legal-Notices/
1 Payment 8.60 I If you would like a copy FAXed or e- mailed to you.
call the city clerk's office. 429-2686. [71673391
Ad shown is not actual print size
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