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File #: 18-415    Version: 1
Type: Public Hearings Status: Tabled
File created: 8/28/2018 In control: City Council
On agenda: 9/10/2018 Final action:
Title: 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
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, 6. Additional Public Comment Received by 5:00 p.m. 9-5-18, 7. Public Comment received through 9:30 a.m. 9-10-2018, 8. Public Comment received to 5:00 p.m. 9-10-18
Related files:

TO:                      Mayor and City Council   

THROUGH:                      Steve Powers, City Manager   

FROM:                      Kacey Duncan, Deputy City Manager  

                                          

SUBJECT:

title

 

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    

end

 

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