Ordinance 374900006.900000
BFP /nkr
05/07/09
CI] a 171►`/_10 [- �\CI1At , %
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING CHAPTER 6.80, PLASTIC BAG
REDUCTION IN THE EDMONDS CITY CODE TO PROMOTE
THE USE OF RECYCLABLE PAPER AND /OR REUSABLE
CHECKOUT BAGS BY RETAIL STORES LOCATED IN THE
CITY, PROVIDING PENALTIES FOR VIOLATIONS, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the City of Edmonds (the "City ") has a duty to protect the natural
environment, the economy and the health of its citizens; and
WHEREAS, the Edmonds City Council unanimously agreed to promote and
develop a sustainability agenda at its February 2009 retreat; and
WHEREAS, a ban on single -use plastic checkout bags was unanimously included
within the sustainability agenda; and
WHEREAS, the use of single -use plastic checkout bags have been banned in
cities and countries around the world, including the Republic of Ireland, which has achieved a
90% decrease in shopping bag usage; and
WHEREAS, single use plastic checkout bags have significant environmental
impacts each year; and
WHEREAS, the post- consumer environmental effects of single -use plastic
checkout bags are detrimental to marine life, wildlife, and public health; and
WHEREAS, Edmonds residents use an estimated eight million (8,000,000)
single -use plastic checkout bags in a single year; and
{BFP735949.DOC;1 \00006.900000 \} - 1 -
WHEREAS, the goal is to encourage the use of reusable shopping bags; and
WHEREAS, the use of single -use plastic checkout bags has increased
dramatically in recent years and many of these bags litter the landscape and contaminate creeks,
bays, and oceans; and
WHEREAS, the Pacific Ocean contains a huge accumulation of plastic debris
whose density is estimated by some scientists to be as great as one million pieces of plastic per
square mile; and
WHEREAS, the land -based debris of the City, including litter (mostly bags,
packaging and single -use disposable products) is conveyed through storm drains to local creeks,
into Puget Sound, and into the Pacific Ocean, where the plastic debris does not completely
biodegrade in the marine environment as paper does but instead breaks down into smaller and
smaller pieces, absorbing toxins and forming high toxin concentrations, which in turn harm
marine animals when the plastic debris is mistaken for food and ingested or when the marine
animals become entangled in the plastic debris; and
WHEREAS, single -use plastic checkout bags represent an unnecessary use of a
nonrenewable resource and reusable bags represent a sustainable alternative to single -use bags of
all types; and
WHEREAS, recyclable paper bags degrade more rapidly and are therefore not as
environmentally damaging as single -use plastic checkout bags; and
WHEREAS, because paper bags are more successfully recycled than plastic bags
due to plastic bag handling and sorting difficulties, diverting paper bags from landfill disposal is
more attainable than it is for plastic bags, given current technologies; and
{BFP735949,DOC;1 \00006.900000 \} - 2 -
WHEREAS, reusable bags are considered worldwide to be the best option to
reduce waste and litter, protect wildlife, and conserve resources than single -use plastic checkout
bags and are readily available and affordable for the customer; and
WHEREAS, the Edmonds City Council finds that a reduction in plastic bag use is
in the best interest of public health, safety, and welfare, for the citizens of Edmonds and the
environment; and
WHEREAS, it is the intent of the City to reduce the negative impacts noted above
through the implementation of this Ordinance; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
Section 1. Adopted. Chapter 6.80 of the Edmonds City Code, entitled Plastic
Bag Reduction. is hereby adopted to read as follows:
Chapter 6.80
Plastic Bag Reduction
Sections:
6.80.010
Definitions
6.80.020
Types of Checkout Bags Permitted at Retail
Establishments
6.80.030
Operative Dates
6.80.040
Exemptions
6.80.050
Severability
6.80.060
Penalties
6.80.010 Definitions
A. "Checkout Bag" means a bag that is provided by a Retail
Establishment at the check stand, cash register, point of sale or
other point of departure for the purpose of transporting food or
merchandise out of the establishment. Checkout Bags do not
include bags provided solely for produce, bulk food or meat at a
produce, bulk food or meat department within a grocery store,
supermarket, produce or meat market, or other similar retail
{BFP735949.DOC;1 \00006.900000 \} - 3 -
establishment, or bags provided to carry out food cooked or
prepared at a restaurant or other similar food and beverage
establishment.
B. "Recyclable Paper Bag" or "Recyclable Paper Checkout
Bag" means a paper bag that meets all of the following
requirements: (1) contains no old growth fiber, (2) is 100%
recyclable overall and contains a minimum of 40% post- consumer
recycled content, and (3) displays the word "Recyclable" on the
outside of the bag.
C. "Retail Establishment" means any commercial business
facility engaged in the sale of goods to consumers for ultimate
consumption.
D. "Reusable Bag" means a bag with handles that is
specifically designed and manufactured for multiple reuse and is
either (1) made of cloth or other machine washable fabric, and /or
(2) made of durable plastic that is at least 2.25 mils thick and is
suitable for reuse.
E. "Single -Use Plastic Checkout Bag" means any Checkout
Bag made from plastic, excluding Reusable Bags.
6.80.020 Types of Checkout Bags Permitted at Retail
Establishments
A. All Retail Establishments within the City of Edmonds shall
provide only the following as Checkout Bags to customers:
Reusable Bags and /or Recyclable Paper Bags.
B. Nothing in this Chapter shall be read to preclude Retail
Establishments from making Reusable Bags available for sale to
customers.
C. City of Edmonds shall work with retailers, retail
associations, unions and other organizations to create educational
elements about the benefits of reusable bags. This may include
signage at store locations, informational literature, and employee
training and will take place before and after the operative date. All
Retail Establishments are strongly encouraged to educate their staff
to promote Reusable Bags as the best option for Checkout Bags
and to post signs encouraging customers to use Reusable Bags.
{BFP735949.DOC;1 \00006.900000 \} - 4 -
6.80.040 Operative Date
All Retail Establishments shall comply with the requirements
of this Ordinance by the first anniversary of the effective date of
this Ordinance, which is August 27, 2009. The purpose of this one
year implementation period is to (1) allow time for affected
retailers to prepare for and adapt to the provisions of this
Ordinance; (2) allow time for the educational program to take
effect and encourage the use of reusable bags; and (3) enable the
City Council to work with members of the community and affected
parties to evaluate alternatives or modifications needed to address
issues regarding provisions or implementation of this Ordinance.
6.80.050 Exemptions
The Mayor, or his or her designee, may exempt a Retail
Establishment from the requirements of this Chapter for a period of
up to one additional year after the operative date of this Ordinance,
upon sufficient showing by the applicant that the provisions of this
Chapter would cause undue hardship. This request must be
submitted in writing to the City within 30 days of the effective date
of this Chapter. The phrase "undue hardship" may include, but is
not limited to, the following:
A. Situations where there are no acceptable alternatives to
Single -Use Plastic Checkout Bags for reasons which are unique to
the applicant Retail Establishment.
B. Situations where compliance with the requirements of this
Chapter would deprive a person of a legally protected right.
6.80.060 Severability
If any provision or clause of this Chapter is held to be
unconstitutional or otherwise invalid by any court of competent
jurisdiction, such invalidity shall not affect other provisions of this
Chapter, and clauses of this Chapter are declared to be severable.
6.80.070 Enforcement Officer and Penalties
A. Prior to the "comply by date" in ECC 6.80.040, the Mayor
shall designate an existing department in the City as the
department charged with enforcing the provisions of this Chapter.
The head of the department and his or her designees shall be the
enforcement officers with authority and powers to issue civil
infractions for violations of provisions of this Chapter.
{BFP735949.DOC;1 \00006.900000 \} - 5 -
B. A violation of any provision of this Chapter shall constitute
a Class I civil infraction pursuant to Chapter 7.80 RCW. Issuance
and disposition of infractions issued for violations of this chapter
shall be in accordance with Chapter 7.80 RCW. The penalty for
violation of a provision of this Chapter shall be $100.00. The
penalty for a second or subsequent offense in violation of the
provision of this Chapter within two years shall be $250.00.
C. The remedies and penalties provided in this Section are
cumulative and not exclusive.
Section 2. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase
of this ordinance.
Section 3. Effective Date. This ordinance shall take effect thirty (30) days after
the time of final passage.
APPROVED:
MAY R GAVY HAAKENSON
ATTEST /AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
OFFICE OF T Y ATT RNEY:
BY
W. SCOTT SNYDER
(BFP735949.DOC;1 \00006.900000 \) - 6 -
FILED WITH THE CITY CLERK: 07/24/2009
PASSED BY THE CITY COUNCIL: 07/28/2009
PUBLISHED: 08/02/2009
EFFECTIVE DATE: 08/27/2009
ORDINANCE NO. 3749
IBFP735949.DOC;1 \00006.900000 \} - 7 -
SUMMARY OF ORDINANCE NO. 3749
of the City of Edmonds, Washington
On the 28th day of July, 2009, the City Council of the City of Edmonds, passed
Ordinance No. 3749 A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING CHAPTER 6.80, PLASTIC BAG
REDUCTION IN THE EDMONDS CITY CODE TO PROMOTE
THE USE OF RECYCLABLE PAPER AND /OR REUSABLE
CHECKOUT BAGS BY RETAIL STORES LOCATED IN THE
CITY, PROVIDING PENALTIES FOR VIOLATIONS, AND
FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 29th day of July, 2009.
CITY CLERK, SANDRA S. CHASE
{BFP735949.DOC;1 \00006.900000 \} - 8 -
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
SUMMARY OF ORDINANCE NO. 3749
of the City a Edmonds, Washington
On The 28th day of July, 2009, the City Council of the City of-Ed-
monds, passed Ordinance No. 3749 A summary of the oonterit'of
said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHING
TON, ADOPTING CHAPTER 6.80, PLASTIC BAG REDUC
TION IN THE EDMONDS CITY CODE TO PROMOTE TRIE
FUSE OF RECYCLABLE PAPER AND /OR REUSABLE
CHECKOUT BAGS BY RETAIL STORES LOCATED IN THE
.CITY, PROVIDING PENALTIES FOR VIOLATIONS, AND FIX-
ING A TIME WHEN THE SAME SHALL BECOME EFFEC-
TIVE
The full text of this Ordinance will be mailed upon request.
DATED this 29th day of July, 2009.
CITY CLERK, SANDRA S. CHASE
Published: August 2, 2009.
AUG 10 2009
EIS .QNDS CITY CLERK
Account Name: City of Edmonds
Affidavit of Publication
S.S.
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Snohomish County and that the notice
Summary of Ordinance NO. 3749
Adopting Chapter 6.80; Plastic Bag Reduction
in the Edmonds City Code
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
August 02, 2009
and that said newspaper was regularly distributed to its subscribers during all of said period.
Principal Clerk
Subscribed and sworn to before me this 3rd
day of August, 2009
Notary Public in and
County.
Account Number: 101416
"k-:
of
a ei f 9"
0001660517