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CC Ordinance 2171ORDINANCE NO. 2171 BEING AN ORDINANCE OF THE CITY OF CAMPBELL ADDING CHAPTER 6.20 TO THE CITY OF CAMPBELL MUNICIPAL CODE RELATED TO REUSABLE BAGS AND AMENDING SECTION 6.10.020 OF THE MUNICIPAL CODE TO DECLARE VIOLATIONS OF CHAPTERS 6.20 AND 14.02 TO BE PUBLIC NUISANCES THE CITY COUNCIL OF THE CITY OF CAMPBELL DOES HEREBY ORDAIN AS FOLLOWS: SECTION ONE: Chapter 6.20 is hereby added to Title 6 of the Campbell Municipal Code to read as follows: _ "CHAPTER 6.20 REUSABLE BAGS. 6.20.010 Findings and purpose. The City Council finds and determines that: A. The use of single-use, carryout bags by consumers at retail establishments is detrimental to the environment, public health, and welfare. B. The manufacture and distribution of single-use, carryout bags requires utilization of natural resources and "results in the generation of greenhouse gas emissions. C. Single-use, carryout bags contribute to environmental problems, including litter in storm drains, creeks, the bay, and the ocean. D. Single-use, carryout bags provided by retail establishments impose unseen costs on consumers, local governments, the state, and taxpayers, and constitute a public nuisance. The City Council of Campbell does, accordingly, find and declare that it should restrict the use of single-use, carryout bags. The City has a substantial interest in protecting its residents and the environment from negative impacts from plastic carryout bags. 6.20.020 Definitions. As used in this Chapter, the following terms shall have the following meaning, unless the context clearly requires a different interpretation: A. "Customer" means any person obtaining goods from a retail establishment B. "Garment bag" means a travel bag made of pliable, durable material with or without a handle, designed to hang straight or fold double and used to carry suits, dresses, coats, or the like without crushing or wrinkling the same. C. 'Nonprofit charitable reuser' means a charitable organization, as defined in Sec. 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that reuses and recycles donated goods or materials and receives more than fifty percent (50%) of its revenues from the handling and sale of those donated goods or materials. D. "Person" means any natural person, firm, corporation, partnership, or other organization or group however organized. E. "Prepared food" means foods or beverages which are prepared on the premises by cooking, chopping, slicing, mixing, freezing, or squeezing, and which require no further preparation to be consumed. "Prepared food" does not include any raw, uncooked meat product, or fruits or vegetables which are chopped, squeezed, or mixed. F. "Public eating establishment" means a restaurant, take-out food establishment, or any other business that receives ninety percent (90%) or more of its revenue from the sale of prepared food to be eaten on or off its premises. G. "Recycled paper bag" means a paper bag provided 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 that contains no old-growth fiber and a minimum of forty percent (40%) postconsumer recycled content; is one hundred percent (100%) recyclable; and has printed in a highly visible manner on the outside of the bag the words "Reusable" and "Recyclable," the name and.location of the manufacturer, and the percentage of postconsumer recycled content. H. "Retail establishment" means any commercial establishment that sells perishable or nonperishable goods, including, but riot limited to, clothing, food, and personal items directly to the customer; and is located within or doing business within the geographical limits of the City of Campbell. "Retail establishment" does not include public eating establishments or nonprofit charitable reusers. I. "Reusable bag" means either a bag made of cloth or other machine-washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mil thick and is specifically designed and manufactured for' multiple reuse. A garment bag may meet the above criteria regardless of whether it has handles or not. J. "Single-use, carryout bag" means a bag other than a reusable bag provided at the check stand, cash register, point-of-sale, or other point of departure, including departments within a store, for the purpose of transporting food or merchandise out of the establishment. "Single-use, carryout bags" do not include bags without handles provided to the customer: (1) to transport prepared food, produce, bulk food, or meat from a department within a store to the point-of-sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a reusable bag or recycled paper bag. 6.20.030 Single-use, carryout bag. A. No retail establishment shall provide asingle-use, carryout bag to a customer 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, except as provided in this section. B. On or before December 31, 2014, a retail establishment may only make recycled paper bags or 'reusable bags available to customers if the retailer charges a minimum of ten cents ($0.10) per bag. C. On or after January 1, 2015, a retail establishment may only make recycled paper bags or reusable bags available to customers if the retailer charges a minimum of twenty-five cents ($0.25) per bag. D. Notwithstanding this section, no retail establishment may make available for sale a recycled paper bag or a reusable bag unless the amount of the sale of such bag is separately itemized on the sales receipt. E. A retail establishment may provide one (1) or more recycled paper bags at no cost to any of the following individuals: a customer participating in the California Special Supplement Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Sec. 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Sec. 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code; and a customer participating in Calfresh pursuant to Chapter 10 (commencing with Sec. 18900) of Part 6 of Division 9 of the California Welfare and Institutions Code. 6.20.040 Recordkeeping and inspection. Every retail establishment shall keep complete and accurate record or documents of the purchase and sale of any recycled paper bag or reusable bag by the retail establishment for a minimum period of three (3) years from the date of purchase and sale, which record shall be available for inspection at no cost to the City during regular business hours by any City employee authorized to enforce this part. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the retail establishment address. The provision of false information, including incomplete records or documents to the city, shall be a violation of this Chapter." SECTION TWO: Paragraphs (6)(P) and (6)(O) of Subsection (a) of Section 6.10.020 is hereby amended to read as follows: "(P) A violation of the provisions of Campbell Municipal Code Sections 5.08.010. 5.12.030, 5.12.150, 5.12.180, 5.16.010, 6.04.020, 6.04.030, 6.04.050, 6.04.080, or 20.16.010 (C1) A violation of any of the provisions of Campbell Municipal Code Chapters 5.24, 5_28, 5_29, 5_30, 5_36, 5.48, 5_58, 6_11, 6.20 11.04, 11.08, 11.12, 11.16, 11.32, 13.04 or 14.02" SECTION THREE: Severability. If any provision of this ordinance is declared invalid by a court of competent jurisdiction, it is the intent of the City Council that such invalid provision be severed from the remaining provisions of the ordinance. SECTION FOUR: It is the intent of the City Council of the City of Campbell to supplement State and Federal law and not to duplicate or contradict such law, and this ordinance shall be construed consistently with that intention. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the other remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional. SECTION FIVE: CEQA Review. On October 23, 2012, the County of San Mateo certified a Final Program Environmental Impact Report ("EIR") that analyzed the impacts of this reusable bag ordinance if adopted in cities throughout the County of San Mateo as well as neighboring jurisdictions. The EIR was certified pursuant to the California Environmental C2uality Act, Public Resources Code Section 21000 et seq. ("CEQA") and the CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. It is incorporated by reference herein. Pursuant to Section 15096 of the CEQA Guidelines, the City of Campbell acts as a responsible agency for adoption of this ordinance within the City of Campbell. Upon independent review of the EIR and all the evidence before it, the City Council makes the following findings: 1. The Final Program Environmental Impact Report ("Final Program EIR") is complete, correct, adequate, and prepared in accordance with CEQA, 14 California Code of Regulations, Section 15000 et seq. ("CEQA Guidelines"), and the public comment period; and 2. On the basis of the Initial Study, Notice of Preparation, Final Program EIR, and public comment received by both the County of San Mateo and the City of Campbell, there is no substantial evidence that the project as proposed will have a significant effect on the environment; and 3. Adoption of this ordinance and analysis of the EIR reflects the independent judgment of the City Council of the City of Campbell; and 4. None of the conditions listed in CEQA Guidelines, Section 15162(a), are applicable to adoption of this ordinance, and adoption of this ordinance is an activity that is part of the program examined by the County's Final Program EIR and is within the scope of the project described in the County's Final Program EIR; arid 5. A Notice of Determination shall be filed pursuant to CEQA Guidelines, Sections 15094 and 15096. SECTION SIX: Effective Date. This ordinance shall be effective on January 27, 2014. SECTION SEVEN: This Ordinance (or a summary thereof) shall be published, ohe time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 16th day of July , 2013, by the following roll call vote: AYES: COUNCILMEMBERS: xotowsxi, saker, Waterman, Low NOES: ~ COUNCILMEMBERS: None ABSENT: ~ COUNCILMEMBERS: None -- ABSTAIN: COUNCILMEMBERS: Cristina APPROVED , Evan D. ow, Mayor ATTEST: Anne Bybee, City Clerk