ORDINANCE NO. 2115
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MANHATTAN BEACH, CALIFORNIA, ADDING A NEW SECTION
5.88.010 TO A NEW "ENVIRONMENTAL REGULATIONS" CHAPTER
5.88 TO TITLE 5 OF THE MANHATTAN BEACH MUNICIPAL CODE
PROHIBITING THE USE OF PLASTIC CARRY-OUT BAGS
THE CITY COUNCIL OF THE CITY OF MANHATTAN BEACH, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Manhattan Beach hereby finds as follows:
bulkier and heavier than plastic bags.
remain indefinitely.
D. The Pacific Ocean contains a huge accumulation of debris known as the "Great Pacific Garbage Patch" which consists mostly of plastic debris. Some scientists estimate the density of plastic in this garbage patch as one million pieces of plastic per square mile. While plastic does not bio-degrade it does "photo-degrade" breaking down into smaller pieces which can make their way into the food chain vis such animals as jellyfish.
E. While the exact numbers are unknown there are many reported instances of marine animals being injured or dying from ingesting or choking on plastic debris in the ocean. It is reasonable to conclude from such information that the presence of plastic debris in the ocean provides a hazard for marine life.
F. Because there is a strong possibility that plastic bags discarded in Manhattan Beach can end up in the ocean where they will last indefinitely and create an aesthetic blight and potential hazard to marine life (and paper bags will not do so because they biodegrade and are less likely to be blown out to sea it is in the best interests of the public health, safety and welfare to adopt the proposed ban on distribution of plastic bags at point of sale within the boundaries of the City of Manhattan Beach.
G. The City Council of the City of Manhattan Beach conducted a noticed public hearing regarding the project at their regular scheduled meeting of July 1, 2008 The public hearing was advertised pursuant to applicable law and testimony was invited and received
H. An Initial Environmental Study was prepared in compliance with the provisions of the California Environmental Quality Act. Based upon this study it was determined that the project is not an action involving any significant impacts upon the environment, and a Negative Declaration was prepared and is hereby adopted.
I. The proposed amendments will have no negative impact on Fish and Game resources pursuant to Section 21089(b) of the Public Resources Code.
SECTION 2. A new Section 5.88.010 is hereby added to a new Chapter 5.88 "Environmental Regulations" in Title 5 of the Manhattan Beach Municipal Code to read as follows:
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"CHAPTER 5.88 ENVIRONMENTAL REGULATIONS"
Section 5.88.010 Prohibition Of Plastic Carry-Out Bags
(a). Definitions:
For purposes of this chapter, the following terms shall have the following meanings:
"Affected Retail Establishment" means any retail establishment located within or doing business within the geographical limits of the City of Manhattan Beach.
City Sponsored Event" means any event organized or sponsored by the City of Manhattan Beach o any Department of the City of Manhattan Beach
"Customer" means any person obtaining goods from an Affected Retail Establishment, Vendor or Non- Profit Vendor.
"Grocery Store" means any dealer in staple foodstuffs, meats, produce and dairy products and usual household supplies.
"Non-Profit Vendor" means a recognized tax exempt organization which provides goods as a part of its services.
"Person" means any natural person, firm, corporation, partnership or other organization or group however organized.
"Pharmacy" means a retail use where the profession of pharmacy by a pharmacist licensed by the State of California in accordance with the Business and Professions Code is practiced and where prescription medications are offered for sale.
"Plastic Carry-Out Bag" or "Plastic Bag" means any bag made from plastic (including compostable and biodegradeable plastic), excluding reusable bags, provided by an Affected Retail Establishment, Vendor or Non-Profit Vendor to a customer at the point of sale for the purpose of carrying away goods. destroying solid waste.
"Recyclable Paper Bag" means a paper bag that meets all of the following requirements: (1) contains no content; and (3) displays the words "Reusable" and "Recyclable" in a highly visible manner on thi Id growth fiber; (2) is 100% recyclable overall and contains a minimum of 40% post-consumer recycle outside of the bag.
"Retail Establishment" means any commercial business facility that sells goods directly to the ultimate consumer including but not limited to grocery stores, pharmacies, liquor stores, "mini-marts," and retail stores and vendors selling clothing, food and personal items.
Reusable Bag" means a bag with handles that is specifically designed and manufactured for multipl euse and is either made of cloth or other machine washable fabric; or (2) made of other durab material suitable for reuse.
"Vendor" means any store, shop, restaurant, sales outlet or other commercial establishment located within or doing business within the City of Manhattan Beach, which provides perishable or non- perishable goods.
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(b). Plastic Carry-Out Bags Prohibited
A. No Affected Retail Establishment, Restaurant, Vendor or Non-Profit Vendor shali provide Plastic Carry-Out Bags to customers at the point of sale. Reusable Bags and Recyclable Paper Bags are allowed alternatives.
i to sense be refere Affected Retail Establishments, Restaurants, Vendors and Non-Profit Vendors from making Recyclable Paper Bags available to customers • Affected Retail Establishments are strongly encouraged to provide incentives for the use ( rested a truced or rebates for customers that us
Reusable Bags at the point of sale for the purpose of carrying away goods.
D. No person shall distribute Plastic Carry-Out Bags at any City facility or any event held on City property.
E. This Chapter shall apply only to Plastic Carry-Out Bags provided at the point of sale for the purpose of carrying away goods. This Chapter shall not apply to single-use plastic produce bags distributed in a grocery store exclusively for the purpose of transporting produce to the (c). Exemption.
The City Manager, or his or her designee, may exempt an Affected Retail Establishment, Vendor or Non-Profit Vendor from the requirements of this Chapter for a period of up to one additional year after the operative date of this Ordinance, upon sufficient showing by the applicant that the provisions of this Chapter would cause undue hardship. The phrase undue hardship includes:
• Situations where there are no acceptable alternatives to Plastic Carry-Out Bags for reason hich are unique to the Retail Establishment, Vendor or Non-Profit Vendo B. Situations where compliance with the requirements of this Code would deprive a person of a leaally protected riaht."
SECTION 3. All other provisions of Manhattan Beach Municipal Code shall remain unchanged and continue in full force and effect.
ECTION 4. Any provisions of the Manhattan Beach Municipal Code, or appendice lereto, or any other ordinances of the City, to the extent that they are inconsistent with this ordinance and no further, are hereby repealed.
is for any reason held to be invalid or unconstitutional by the decision of any court of competent SECTION 5. If any section, subsection, sentence, clause, or phrase of this ordinance urisdiction, such decision shall not affect the validity of the remaining portions of the ordinance. Th City Council hereby declares that it would have passed this ordinance and each section, subsectior sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. /endors, Restaurants, Pharmacies and City facilities six (6) months after its effective date; and 2) al SECTION 6. This Ordinance shall become operative as to: 1) Grocery Stores, Foo remaining Affected Retail Establishments, Vendors and Non-Profit Vendors one (1) year after its those City Council members voting for and against this Ordinance and shall post in the Office of the 3 Ord. 2115
City Clerk a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against the Ordinance.
PASSED, APPROVED and ADOPTED this 15th day of July, 2008.
Ayes:
Noes:
Absent:
Abstain:
Mayor, City of Manhattan Beach, California
ATTEST:
City Clerk
City Attorney