TO: Mayor and City Council
THROUGH: Steve Powers, City Manager
FROM: Kacey Duncan, Deputy City Manager
SUBJECT:
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Public hearing on Ordinance Bill No. 20-18, restricting use of single-use plastic bags
Ward(s): All Wards
Councilor(s): All Councilors
Neighborhood(s): All Neighborhoods
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ISSUE:
Shall City Council hold a public hearing, and advance to second reading for enactment Ordinance Bill No. 20-18, restricting use of single-use plastic bags?
RECOMMENDATION:
recommendation
Hold a public hearing, and advance to second reading for enactment Ordinance Bill No. 20-18, restricting use of single-use plastic bags.
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SUMMARY AND BACKGROUND:
On May 14, 2018, City Council passed a motion directing staff to research and prepare an ordinance to ban single-use plastic bags in the City of Salem, including consideration of a pass-through fee and an exemption for safeguarding public health and farmers markets, to be scheduled for a public hearing before Council.
City Council conducted first reading of Ordinance Bill No. 20-18 on August 27, 2018.
Notice of the Public Hearing for Ordinance Bill No. 20-18 was published in the Statesman Journal on August 30, 2018.
FACTS AND FINDINGS:
Eight municipalities in Oregon, beginning with Portland in 2011, currently have a ban on single-use plastic bags. The cities of McMinnville and Manzanita were most recent with effective dates in 2017.
In preparing a Salem ordinance to restrict single-use plastic bags, staff considered the recommendation of the Grocers’ Association and comments from Roth’s Fresh Markets to use the McMinnville ordinance as a starting point. After review of the McMinnville ordinance and other ordinances banning single-use plastic bags in Oregon, staff prepared Ordinance Bill No. 20-18 (Attachment 1) for Council consideration. The major elements of the proposed ordinance and exhibit A (Attachment 2):
• A reusable bag is defined as a bag made of machine washable cloth, woven synthetic fiber, or other non-plastic material with handles that is specifically designed and manufactured for long-term multiple reuses.
• Retail establishments are prohibited from providing single-use plastic bags, and the bags may not be distributed on City property or at City-sponsored events, unless the provider is otherwise exempt, such as a food provider.
• Retail establishments with more than 10 employees are required to charge at least five cents for each recyclable paper bag.
• Exceptions to the ordinance include allowing retailers to provide free, reusable or recyclable bags to low-income customers; exempts specific businesses from showing a bag charge on the receipt; and safeguards public health by allowing single-use plastic bags for prepared foods and product bags for produce or meat.
• Hardship exceptions may be approved for up to six months when a retailer cannot collect a pass-through fee or has no reasonable alternatives to using single-use plastic bags.
• Reports of violations to the ordinance will be addressed by Code Enforcement. Penalties for violations are consistent with other fines issued by Code Enforcement and range from $50 to $250 per violation.
• A phased implementation is proposed, with larger retailers complying by April 1, 2019 and all other retail establishments by September 1, 2019.
KALI LEINENBACH
MANAGEMENT ANALYST I
Attachments:
1. Ordinance Bill No. 20-18
2. Ordinance Bill No. 20-18, Exhibit A
3. Public Comment
4. Public Comment, Addition for August 27, 2018
5. Public Comment after August 27, 2018