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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 Page 2 of 4 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 Page 4 of 4