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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 r � .Of, ca •Q _ O•. N0. `+WASH'`` Gale Gwin, Notary Pu lic for the State of Washington, Residing in Covington, Washington 16 Friday,August 23,2019 Kent Reporter Alillili AV ,'. www.soundclassifieds.com classified@soundpublishing.com call troll free!1.888.399.3999 or 1.800.388.2527 Legal Notices Legal Notices Legal Notices Legal Notices Service Directory CITY OF KENT NOTICE OF PUBLIC potential light and glare �'' .- - NOTICE OF ENV-2 0 1 9-2 / :,. 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 Y PRELIMINARY PLAT Driving landscape plan to the passed b the Kent City g Range at the P Y ry ALDER VIEW Kent Planning Services k,f Council on August 20, Riverbend Golf Com- 9 ESTATES Division including native I r• 2019. SUBDIVISION plex. The existing driv- conifer trees in the 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 $475.00 per month, ry single family residential the above project by P new Chapter 8.02 re u- east parcel will be re- utilities included. P 9 lots,i storm water tract, Jern �01, to LANDSCAPINGRenton/Kent area. tarry the distribution pion of a private access tract, placed with parking tember 6 20 Planning S City carryout bags, prohibit- spaces. Natural rags 1 - GARDENING Call:425-698-9367 Y P and a private recreation � of Kent Planning Servic- ing the distribution of tract. will replace artificial turf 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 es to collect a pass- Avenue SE,identified as will be moved. Parking Services at 220 Fourth .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 9�Tele Kent, Dentures starting at •Concrete Bark cuss penalties for non- moved to prepare for fu- phone: 9 P and 2122059180. lure road improvements. 253 856-5454. Any $5ta •New Sod 8 Seed lishicompliance. Hearing Date: TUES- P ovements. Person requiring a 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: AM lion should contact the $250 Pressure Washin days from and after its Hearing Location: Kent W installed, connecting City For more lay set- law.in g• passage,as provided by City Hall Council Cham- West Meeker Street and con.For TDD relay ser- _ the Green River Trail. 24 hours Senior Discount A c hers West at 220 4th vice, call 7-IK or the 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 of the 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 Health Services, Y All interested parties Shoreline of Statewide 2019.#870475 Ye7ALLLANDSCAPING a ATTENTION: OXYGEN City Clerk may appear and provide re STATE OF Car liver, Ho rl years 24 -a CHEAP S RV CE D USERS. Gain freedom 2 C56-UKentWA Go-5725 testimony. The applica- subjects to the n equae- SOUTH CAROLINA Pe Y with a Portable Oxygen tY lion is available for re- COUNTY OF CHAR- hour care. (253)217- SCAPING AND Concentrator! No more Published in the Kent view at the Ciry of Kent ments of the Kent LY OF 0703. A HANDYMAN hea tanks and refills! Reporter August 23, Economic and Commu- Shoreline Master Pro- IN THE FAMILY air ti new Pressure washin vY 2019.#870057 gram. A Shoreline Sub- COURTFORTHE TO Need extra cash?Placeallation, t Guaranteed lowest pric- nity Development office, stanbal Develoyour classrfied ad Coda! Gutter cleaning,etc. es. Call the Ox n VALLEY MEDICAL located at 400 W Gowe pmentY Removal, Fence,Deck buildin Y9e Permit was submitted toNINTH JUDICIAL 9 Concentrator store: 844- CENTER Street n downtownCall 1-800.4 hoursaor f cleaning, Concrete,Paintin & the City of Kent on June CIRCUIT Go online 2a hours a da wall, Repairs 9 495-7230. District Healthcare Kent. For more informs- 18 20tg DOCKET NO. Y9 Repairs System lion or to provide com- (SMA-2019-3, www.soundclassifieds.com. AND MUCH MORE. All and services PROMOTE YOUR RE- y P RPSP-2192589). 2018-DR•10.3357 Y NOTICE OF BOARD ments contact Planner, SOUTH CAR-3357 Check us out Online GIONAL EVENT state- The existing driving www.latinoslawn 2RANDY 9106 RETREAT MEETING Sara Ullman at 9 9 DEPARTMENT OF Professional servlees HANDyHY9108 wide with a r$1,75fo- September sullman•kentwa Gov, range facilities are Iotar SOCIAL SERVICES Inatructlon/classes andgardgn.com tied listing or$1,575 for P ed at 2020 West Meeker a dig I The Board of Trustees of 253-856-5442. WATERCOLOR Classes CCLATINLGa90P8 pay ad. Call this Valle Published in the Kent Street and are entified VERSUS Whether you're newspaper or 360-344- Y Medical Center by King County Parcel peon for Adults, What a life will hold a Board Retreat Reporter August 23, buying or seeing, 2938 for details. Numbers 2322049097, NOTICE changing gift!Gift Certifi- • the Classifieds Meeting from 9:00 a.m. 2019.#870D05 2 3 2 2 0 4 9 0 9 8 TO ALL INTERESTED cafes Available. Water- STILL PAYING T00 to approximately 4:30 CITY OF KENT 2322049099, and PARTIES: has n all.From y m. on September 3, color classes for adults -, much for our MEDICA- p, p PUBLIC NOTICE 2322049100. The r- by sum- Of all skill levels. Begin- automobiles and TION? Save up to 90% 2019, in the Board You are here ners welcome, classes employment to real on FIX refill!Order today Room of Valle Medical MITIGATED cels are zoned , Mu- mooed and required to estate and household and receive free y DETERMINATION OF Medium Density Matti- answer the Complaint in begin Wednesday, Sep- ' • Center. NONSIGNIFICANCE Tamil Residential. this action filed with the tember 11 - October 9, 206-250-907 goods,you'll find shipping on list order - BOARD OF TRUSTEES Pursuant to KCC 11.03, It is recommended that a Clerk of Court for 2019. $160.00 for 5 everything you need prescription required. (District Healthcare Sys- Environmental Policy, Mitigated Determination Charleston County on weeks (15 hours) of in- 24 hours a day at Call 1-866-685-6901. tem) the City of Kent has is- of Nonsi nificance October 5,2018. Upon struction. Classes are Shop for bargains in ty g roof of interest,a ww.Soundclassaieds.com -- By:Kathryn Holland sued a threshold deter- MDNS be issued for P copy held at the Cedar the Classifieds.From Executive Assistant to ( ) of the Complaint will be Grange in Maple Valley. tools and appliances to Home services urination for the follow- this project with the fol- P 9 P Y the Board of Trustees ing: lowing conditions: delivered to you upon re- 1 am Cheryl Renee Long furniture and Roofing/Siding #870109 Mitigated Determination 1. Provide lighting Quest from the Clerk of and I teach Wednesday oollectables. 8/23119,8/30/19 of Nonsignificance spec'rfications to and co- Court in Charleston,and classes throughout most www.nw-ads.com ROOFING& Find out perfect t (MDNS)for: ordinate with the Muck- You must serve a copy of the year.For more in- Open P4 hours a day. REMODELING y p RIVERBEND DRIVIN leshoot Indian Tribe formation contact Cheryl In the Classifieds. RANGE RENOVATION Fisheries Division Hal Cominued on cherylrenee22 Senior Discounts Steve's wliw.8taudCpuNleds.eaa AND EXPANSION tat Pro ram to ensure neatpage a e•gmall com.To see my Free Estimates 9 P 9••• work http://www.Che- Gardening Expert Work WWI • l••a rylRLong.com. Teens, New Sod 253.850-5405 1 Adults, Private lessons Amw;cao c•n.Cono-aci« ' available. 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