033-19 - Ordinance - Adopting New Chapter 6.20 Plastic Bag ReductionoRDtNANCE NO.033-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOPTTNG A NEW CHAPTER 6.20 ("pLASTtC BAG REDUCTTON")TO
THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
WHEREAS, the Washington State Legislature in Chapters 70.93 and 70.95 RCW has
established that waste reduction is 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; and
WHEREAS, the Kitsap County Solid and Hazardous Waste Management Plan recommends
that the County implement material bans or take-back ordinances to reduce the prevalence of
commonly dumped, littered, or problematic items; and
WHEREAS, the Washington State Department of Ecology's litter survey states that plastic
bags and film are one of theten most littered items in Washington State, byweight; and
WHEREAS, the United States Environmental Protection Agency estimates that 380 billion
plastic bags and wraps are consumed in the United States annually; and
WHEREAS, Kitsap County plastic bag consumption is estimated to be approximately 87
million annually; and
WHEREAS, only approximately 05% of plastic bags and wraps are recycled; and
WHEREAS, decreased reliance on single-use carryout bags contributes toward the goals
of conserving energy and natural resources while reducing greenhouse gases and litter; and
WHEREAS, Kitsap County has adopted an ordinance to limit the distribution of single-use
plastic carryout bags in a new Chapter 9.50 of the Kitsap County Code; and
WHEREAS, the Kitsap County ordinance states that the County "encourages all cities
within the county to implement a policy or ordinance consistent herewith"; and
WHEREAS, it is the City Council's desire to follow Kitsap County's example 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
residents of the City of Port Orchard; now, therefore,
THE CITY COUNCIT OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
ordinance N"bkll
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SECTION 1. The recitals above shall be considered findings of fact and are incorporated
herein by this reference.
SECTION 2. The city will coordinate with the Kitsap County Department of Public Works
to provide public outreach and to implement education relating to the provisions of this
ordinance.
SECTION 3. A new Cha pter 6.20 ("Plastic Bag Reduction") to Title 6 of the Port Orchard
Municipal Code ("Health and Sanitation") is hereby adopted as follows
Chapter 6.20- PLASTIC BAG REDUCTION
Sections:
6.20.010 Definitions.
6.20.020 Regulations.
6.20.030 Exemptions.
6.20.040 Violations.
6.20.050 lmplementation.
6.20.010 Definitions. The following definitions shall apply in the interpretation
and enforcement of the ordinance codified in this chapter:
(1) "Compostable" means that the product will break down into, or otherwise
become part of, usable compost in a safe and timely manner in an appropriate
composting facility, or in a home compost pile or device, and has been certified as
compostable by the Biodegradable Products lnstitute or similar national or
international certification authority.
(21 "Carryout bag" means any bag that is provided by a retail establishment at the
check stand, cash register, point of sale, home delivery, or other point of
departure to a customer for use to transport or carry away purchases such as
merchandise, goods or food from the retail establishment. Carryout bags do not
include:
(a) Bags used by consumers inside stores to package bulk items, such as fruit,
vegetables, nuts, grains, candy, greeting cards or small hardware items such as
nails, bolts or screws; to contain or wrap frozen foods, meat or fish regardless
of whether they are prepackaged; to contain or wrap flowers, potted plants or
other items where dampness may be a problem; to contain unwrapped
prepared foods or bakery goods; or to contain prescription drugs; or
(b) A bag used to protect a purchased item from damaging or contaminating other
purchased items when placed in a recyclable paper bag or reusable bag, such as
ordinance *"3b.?
Page 3 of 6
prepared take-out foods or prepared liquids intended for consumption away
from the retail establishment; or
(c) Newspaper bags, door-hanger bags, tire bags, laundry-dry cleaning bags or bags
sold in packages containing multiple bags for uses such as food storage, garbage,
pet waste or yardwaste.
(d) Paper bags with a capacity of eight pounds or less, that contain at least 20%
postconsumer recycled material.
(3) "Recycled 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:
(a) has a material weight of larger than eight-pounds and contains an average
of 40% postconsumer recycled materials;
(b) is accepted for recycling in curbside programs in a majority of households that
have access to curbside recycling programs in Kitsap County;
(c) is capable of composting in a commercial composting facility; and
(d) is clearly labeled with the minimum percentage of postconsumer content.
(4) "Retail establishment" means any person, corporation, partnership, business,
facility, vendor, organization, or individual that sells or provides food,
merchandise, goods, or materials directly to a customer including home delivery,
temporary stores, or vendors at farmers markets, street fairs, and festivals.
(5) "Reusable carryout bag" means a bag made of cloth or other material with handles
that is specifically designed and manufactured for long term multiple reuse and
meets all of the following requirements:
(a) has a minimum lifetime of L25 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,
(b) is machine washable or made from a materialthat can be cleaned or disinfected,
and
(c) if made of film plastic, is a minimum of at least 2.25 mils thick.
(6) "Single-use plastic carryout bag" means any bag that is less than 2.25 mils thick and
is made from plastic or any nonrenewable resource.
(7) "Pass-through charge" means a charge collected by retailers from their
customers when providing plastic or recycled paper carryout bags and retained by
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retailers to offset the cost of bags and other costs related to the pass-through
charge.
6.2O.O20 Regulations.
Except as provided by Section 6.20.030, all retail establishments within the City
of Port Orchard must comply with the following regulations:
(1) Retail establishments shall not provide a single use plastic carryout bag to
any customer.
(2) 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. For each recycled paper carryout bag or
reusable carryout bag made of film plastic provided by the retail
establishment, it shall collect a pass-through charge of not less than 50.08
and such shall be clearly indicated on the customer transaction receipt.
(3) Retail establishments may make reusable carryout bags available to
customers through sale.
(a) Any film bags meeting the definition of compostable that retail
establishments provide to customers for food or other products, such as
vegetables bagged in stores priorto checkout, must be tinted green or
brown and shall be clearly labeled "COMPOSTABLE," including language
following the Federal Trade Commission's "Green Guides."
5.20.030 Exemptions.
(1) No retail establishment may collect a pass-through charge from anyone with
a voucher or electronic benefits card issued under programs including, but not
limited to, Women lnfants and Children (WlC); 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).
(2) Food banks and other food assistance programs are exempt from the
requirements of this chapter.
6.2O.O4O Violations.
ln addition to or as an alternative to any other penalty provided in this chapter
ordinance ru".38:l ?
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or by law, the violation of any provision of this chapter shallconstitute a Class I
civil infraction. Each violation shall constitute a separate infraction for each and
every day or portion thereof during which the violation is committed, continued,
or permitted. lnfractions shall be processed in accordance with the provisions of
Chapter 2.64, as not or hereafter amended. Authority to enforce provisions of
this chapter is granted to the public works director or designee, in addition to
those authorized under POMC 2.64.0L0.
6.20.050 lmplementation.
All retail establishments shall comply with the requirements of this section by
January t,2020.
SECTION 4. Severabilitv. lf any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 5. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECIION 5. Effective Date. This Ordinance shalltake effect and be in fullforce and effect
five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 20th day of August 20L9.
ATTEST:sPoNso
mbernn, MMC, City Clerk Jay sa
Ordinance No._
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APPROVED AS TO FORM:
s Cates, City Attorney
PUBLISHED:8/3o/2oL9
EFFECTIVE DATE: 9 / 4/20L9
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held August 20,2Ot9.
oRDtNANCE NO.033-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ADOpilNG A NEW CHAPTER 6.20 ('PLASTIC BAG REDUCT|ON"I TO
THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR
SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE
DATE.
Copies of Ordinance No. 033-19 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No.033-19 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, August 30, 2019