HomeMy WebLinkAbout4331 ORDINANCE NO. 4331
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending the Kent City
Code to create a new Chapter 8.02 regulating the
distribution of carryout bags, prohibiting the
distribution of single-use plastic bags, requiring
retail businesses to collect a pass-through charge
from customers, and establishing penalties for
noncompliance.
RECITALS
A. The Washington State Legislature in chapters 70.93 and
70.95 RCW has established waste reduction as a priority in the collection,
handling, and managing of solid waste for the benefit of public health and
for a healthful, clean and beautiful environment.
B. The State Legislature, in RCW 70.95.010(4), found that it is
"necessary to change manufacturing and purchasing practices and waste
generation behaviors to reduce the amount of waste that becomes a
governmental responsibility."
C. The Legislature, in RCW 70.95.010(6)(c), has also found that
it is city governments that are "to assume primary responsibility for solid
waste management and to develop and implement aggressive and
effective waste reduction and source separation strategies."
1 Adopt Chapter 8.02 -
Re; Carryout Bags
D. Plastic bags are made of nonrenewable resources. They do
not biodegrade and can take hundreds of years to break down into small,
toxic particles which can seep into the soil, waterways, lakes, and bays,
posing a threat to animal life and the natural food chain.
E. The United States Environmental Protection Agency estimates
that 380 billion plastic bags and wraps are consumed in the United States,
annually, while only approximately 5% of plastic bags and wraps are
recycled.
F. The Washington State Department of Ecology's litter survey
states that plastic bags and film are one of the ten most littered items
along roadways in Washington State, by weight.
G. Ecology's "Beyond the Curb" study of commingled residential
recyclables from the Southwest Region estimates that it takes $700-
$1,000 per ton for recycling centers to remove plastic bags and films from
other recyclables.
H. It is the City's desire to conserve resources, reduce
greenhouse gas emissions, waste, litter, and marine pollution, and to
protect the public health and welfare, including wildlife, all of which
increase the quality of life for the City's residents.
I. Decreased reliance on single-use carryout bags contributes
toward the goals of conserving energy and natural resources while
reducing greenhouse gases and litter.
2 Adopt Chapter 8.02 -
Re: Carryout Bags
J. The City Council finds that it is in the best interest of the
health, safety, and welfare of the citizens of the City that regulations
prohibit the use of single-use plastic carryout bags, and require a pass-
through charge on recycled content paper carryout bags and reusable
plastic film bags to encourage greater use of reusable bags, reduce the
cost of solid waste disposal by the City, and protect the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION I. - Amendment. Title 8 of the Kent City Code is
amended to add a new Chapter 8.02, entitled "Single-use plastic and
carryout bags," as follows:
CHAPTER 8.02
Single-Use Plastic and Carryout Bags
Sec. 8.02.010. Definitions.
A. "Carryout bag" means any bag that is provided by a retail
establishment at home delivery, the check stand, cash register, point of
sale, or other point of departure to a customer for use to transport or
carry away purchases. Carryout bags do not include:
1. Bags used by consumers inside stores to:
a. Package bulk items, such as fruit, vegetables, nuts,
grains, candy, greeting cards, or small hardware items such as nails,
bolts, or screws;
b. Contain or wrap items where dampness or sanitation
might be a problem including, but not limited to:
3 Adopt Chapter 8.02 -
Re: Carryout Bags
i. Frozen foods;
ii. Meat;
iii. Fish;
iv. Flowers; and
V. Potted plants;
C. Contain unwrapped prepared foods or bakery goods;
d. Contain prescription drugs; or
e. Protect a purchased item from damaging or
contaminating other purchased items when placed in a recycled content
paper carryout bag or reusable carryout bag; or
f. Newspaper bags, door hanger bags, laundry/dry
cleaning bags, or bags sold in packages containing multiple bags for uses
such as food storage, garbage, or pet waste.
B. "Recycled content paper carryout bag" means a paper carryout bag
provided by a store to a customer at the point-of-sale that meets all of the
following requirements:
1. has a material weight of larger than eight-pounds and
contains an average of 40% postconsumer recycled materials;
2. is accepted for recycling in curbside programs in a majority of
households that have access to curbside recycling programs in the City;
3. is capable of composting in a commercial composting facility;
and
4. is clearly labeled with the minimum percentage of
postconsumer content.
C. "Retail establishment" means any person, corporation, partnership,
business, facility, vendor, organization, or individual that sells or provides
4 Adopt Chapter 8.02 -
Re; Carryout Bags
food, merchandise, goods, or materials directly to a customer including
home delivery, temporary stores, or vendors at farmers markets, street
fairs, and festivals.
D. ' Reusable carryout bag" means a bag made of cloth or other
durable material with handles that is specifically designed and
manufactured for long term multiple reuse and meets the following
requirements:
1. Has a minimum lifetime of 125 uses, which for purposes of
this subsection, means the capacity of carrying a minimum of 22 pounds
125 times over a distance of at least 175 feet,
2. Is machine washable or made from a durable material that
may be cleaned or disinfected; and
3. If made of film plastic:
a. Be made from a minimum of 40% postconsumer
recycled material;
b. Display the minimum percentage of postconsumer
content in print on the exterior of the plastic bag;
C. Have a minimum thickness of no less than 2.25 mils;
and
d. Display wording that the bag is reusable.
E. "Pass-through charge" means a charge collected by retailers from
their customers when providing recycled content paper carryout bags and
reusable carryout bags made of film plastic, and retained by retailers to
offset the cost of bags and other costs related to the pass-through charge.
5 Adopt Chapter 8.02 -
Re: Carryout Bags
F. "Single-use plastic carryout bag" means any bag that is made from
plastic that is less than 2.25 mils thick and is designed and suitable only to
be used once and disposed.
Sec. 8.02.020. Distribution of carryout bags. Except as
otherwise provided in this Chapter, effective March 1, 2020, all retail
establishments within the City are subject to the following requirements:
A. Retail establishments shall not provide a single use plastic carryout
bag to any customer.
B. No retail establishment shall distribute a single-use plastic carryout
bag at any City facility, City-managed concession, City-sponsored event,
or City-permitted event.
C. Retail establishments shall not provide to any customer at the
point-of-sale a paper bag or reusable carryout bag made of film plastic
that does not meet recycled content requirements.
D. A retail establishment must collect a pass-through charge of eight
cents for every recycled content paper carryout bag with a manufacturer's
stated capacity of one-eighth barrel (882 cubic inches) or greater or
reusable carryout bag made of film plastic it provides. A retail
establishment may make reusable carryout bags available to customers
through sale.
E. A retail establishment must keep all revenue from pass-through
charges. A retail establishment must show all pass-through charges on
any receipts provided to customers.
6 Adopt Chapter 8.02 -
Re: Carryout Bags
Sec. 8.02.030. Exemptions.
A. No retail establishment may collect a pass-through charge from
anyone using a voucher or electronic benefits card issued under food
assistance programs including, but not limited to, Women Infants and
Children (WIC); Temporary Assistance to Needy Families (TANF); Federal
Supplemental Nutrition Assistance Program (SNAP), also known as Basic
Food; and the Washington State Food Assistance Program (FAP).
B. Food banks and other food assistance programs are exempt from
the requirements for this chapter but are encouraged to take actions to
reduce the use of single-use plastic carryout bags.
C. The Director may exempt a retail establishment from the
requirements of this chapter for up to a one-year period, upon a request
by the retail establishment showing that the conditions of this chapter
would cause undue hardship. An "undue hardship shall only be found in:
1. Circumstances or situations unique to the particular retail
establishment, such that there are no reasonable alternatives to single-
use plastic carryout bags or a pass-through charge cannot be collected; or
2. Circumstances or situations unique to the retail
establishment, such that compliance with the requirements of this chapter
would deprive a person of a legally protected right.
Sec. 8.02.040. Violations.
A. Civil infraction. A retail establishment that violates any provision of
this chapter may be issued a class 1 civil infraction as set forth in RCW
7 Adopt Chapter 8.02 -
Re: Carryout Bags
j 7.80.120, as currently enacted or hereafter amended. An infraction issued
pursuant to this section shall be filed in the Kent Municipal Court and
processed in the same manner as other infractions filed in the Kent
Municipal Court.
B. It shall be a violation of this chapter for any retail establishment to
penalize, discipline, or discriminate against any employee for performing
any duty necessary to comply with this chapter.
SECTION 2, - Reporting. The Director of Public Works shall
evaluate the effectiveness of this ordinance and report to City Council one
year from the date of effectiveness of this ordinance.
SECTION 3. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 4, - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTION 5. - Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage, as provided by law.
August 20, 2019
DANA RALPH, MAYOR Date Approved
8 Adopt Chapter 8.02 -
Re: Carryout Bags
ATTEST:
114 jj
d August 20, 2019
K MBERLE KOMOTO, CI CLERK Date Adopted
August 23, 2019
Date Published
AP UED AS TO FORM:
Y 4. fl
.► Vic';' •: c..
A M WHITE, DEPUTY CITY ATTORNEY r
►.► .• fir ,
9 Adopt Chapter 8.02 -
Re: Carryout Bags
CITY OF KENT
NOTICE OF ORDINANCE
PASSED BY THE CITY COUNCIL
The following is a summary of an ordinance passed by the Kent City Council on
August 20, 2019.
ORDINANCE NO.4331 - AN ORDINANCE of the City Council of the City of Kent,
Washington, amending the Kent City Code to create a new Chapter 8.02 regulating
the distribution of carryout bags, prohibiting the distribution of single-use plastic
bags, requiring retail businesses to collect a pass-through charge from customers,
and establishing penalties for noncompliance.
This ordinance shall take effect and be in force 30 days from and after its passage,
as provided by law.
A copy of the complete text of this ordinance will be mailed upon request of the City
Clerk.
Kimberley A. Komoto, City Clerk
253-856-5725
CityClerk@KentWA.gov
STATE OF WASHINGTON, COUNTY OF KING }
AFFIDAVIT OF PUBLICATION
PUBLIC NOTICE
Polly Shepherd,being first duly sworn on oath that she is the
Publisher of the
Kent Reporter
a weekly newspaper, which newspaper is a legal newspaper of general
circulation and is now and has been for more than six months prior to the date
of publication hereinafter referred to, published in the English language
continuously as a weekly newspaper in King County, Washington. The
Kent Reporter has been approved as a Legal Newspaper by order of
the Superior Court of the State of Washington for King County.
The notice in the exact form annexed was published in regular issues of
the Kent Reporter(and not in supplement form) which was regularly
distributed to its subscribers during the below stated period. The annexed
notice, a:
Public Notice
was published on August 23", 2019.
The full amount of the fee charged for said foregoing publication is the
sum of .5 .
t %0%will filli/I
Polly Shepherd 'N,.ExP ••'1'
Publisher, Kent Reporter _ •y
AR
Subscribed and sworn to me this 23`d day of August, 2019. � n i Z PUBS c W z
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.Of,
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O•. N0.
`+WASH'``
Gale Gwin, Notary Pu lic for the State of Washington, Residing in
Covington, Washington
16 Friday,August 23,2019 Kent Reporter
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Service Directory CITY OF KENT NOTICE OF PUBLIC potential light and glare
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:,. HEARING #RPcw impacts to salmon fish-
ORDINANCE PASSED CITY OF KENT The City 14psn7 cries are minimized and
BY THE CITY COUNCIL OFFICE OF THE Departmenttpwposesnt rks
to mitigated.
The following is a sum- HEARING EXAMINER 2 Submit an updated
mar of an ordinance renovate and expand the
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P Y ry ALDER VIEW Kent Planning Services
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ORDINANCE NO. 4331 ing range, building, and
'AF3 A public hearing will be southeast corner of the
WA Misc.Rentals - AN ORDINANCE of held to consider the covered driving area will site to provide shade
the CityCouncil of the expand onto the current-
Room•ror Rent applicant's proposal to I vacant southeast par- and screen the river
City of Kent, Washing- subdivide two parcels[o- y t from lighting.
Proresslonal services Nome serv�lces Nome services ton, amending the Kent toile 2. cel and the miniature
Dan at services Landscape services Lawn/Garden Service ROOM FOR RENT City Code to create a 9 acres into 13 golf course in the north- Comments are due for
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P new Chapter 8.02 re u- east parcel will be re-
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LANDSCAPINGRenton/Kent area. tarry the distribution pion of a private access tract, placed with parking tember 6 20 Planning
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carryout bags, prohibit- spaces. Natural rags
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ask for Ron single-use lag on the driving range and as'
9 Special Spring Clean-up 9 plastic bags, The site is located at 9 For more information,
requiring retail business- poles supporting netting
•Tree Service •Hauling 9 Avenue
and 25405 124th contact Kent Planning
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.Weeding •Pruning through charge from KingCounty tax spaces along West
JC DENTURE CLINIC •Hedge Trim •Fence customers, and estab- nubers ty212205a9086 Meeker Street will be re- Avenue
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Dentures starting at •Concrete Bark cuss penalties for non- moved to prepare for fu- phone:
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Partials starting at Aerating 8 Thatching This ordinance shall take DAY, SEPTEMBER 10, A new paved trail on the disability accommoda-
$sta •Remodeling Kitchen 8 effect and be in force 30 east side of the she will
Relines starting at Bath 8 Painting Hear at 1 Location:
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$250 Pressure Washin days from and after its Hearing Location: Kent W installed, connecting City For more lay set-
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A copy of the complete Avenue S., Kent, WA Relocetion of the net Ciry of Kent at
Accepts ProviderOne FREE ESTIMATE 14text of this ordinance will Fence and radio at the (253)856-5725.
Call206-653-7621 98032 southern grading
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206-387-6100 be mailed upon request Permit Number:U-2019- Published in the Kent
Lic#HIMARML924JB Announcements of the CityClerk. site occur within 200 feet
Professional services All interested
Reporter August 23,
Kimberley A. Komoto, of the Green River, a
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