dallas' three proposed bag ordinances

8/12/2019 Dallas' Three Proposed Bag Ordinances

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(a) annually supply the city with the number of single-usecarryout bagsgivento customers ndcollected rom customers or recycling;(b) print the nameof the business n all single-use arryoutbags;(c) sell reusable arryoutbagsat cost;(d) train staff on bag reductionstrategies;(e) collect single-use arryoutbags rom theparking ots;(0 participate in educationprogramsand neighborhood clean-upprograms fthe business remisess greaterhan30,000square eet; and(g) providerecyclingbins f the business remisess over 6,000 squareeet.

(3) Establishes equirements, uch as materialsand durability, for reusablecarryoutbags.(4) Requiresbusinesseso erectsigns o explain he program o customers.Although there is only one ordinance ncluded with the postedagenda, he posting and agendasubjectmatter s broadlyworded o allow you to considerall three ordinances t your March 16thCouncil hearins.

C- * f}-,.,.-e-+ 'tor wMsEWARREN M. S. ERNSTCity AttorneyAttachments 4)Ordinancepostedwith the agenda nformation sheet "fee")

First alternative ordinance("ban")Secondalternativeordinance "responsibleetailer")Resolutionc: A.C. Gonzalez,City ManagerJill Jordan,AssistantCity ManagerFrank Camp, Director, Office of EnvironmentalQualityChris Bowers,First AssistantCity AttorneyIleana Fernandez,Assistant City AttorneyCaseyBurgess,AssistantCity AttorneyJohnRogers,AssistantCity Attorney

JamesMcGuire. AssistantCity Attorney

"Dallas,The City That Works: Diverse,Vibrant and Progressive


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ORDINANCE NO.

An ordinance adding Chapter 9C, "Carryout Bags," to the Dallas City Code; providing astatement of purpose; defining terms; prohibiting business establishments rom distributingsingle-use carryout bags unless they register with the city and charge customers a fee for thebags; providing for exemptions; providing standardsfor reusable carryout bags; requiringsignage;providing a penalty not to exceed $500; providing for a public education campaign;providing a saving clause;providing a severability clause;andproviding an effective date.

WHEREAS, the City of Dallaswishes o promotea "culture of clean"; andWHEREAS, the City of Dallas desires o protect the natural environment, the economy,

and the health of its residents:andWHEREAS, it is in the best interestsof the health, safety, and welfare of the residentsof

the city of Dallas to protect the environment by regulating the use of carryout bags; Now,Therefore,

BE IT ORDAINED BY THE CITY COI-INCILOF THE CITY OF DALLAS:SECTION 1. That the Dallas City Code is amendedby adding a new Chapter 9C,

"Carryout Bags," o readas ollows:..CHAPTER 9C

CARRYOUT BAGS

SEC.9C.1. PURPOSE.The purposesof this chapter are o:

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(5) REUSABLE CARRYOUT BAG meansa carryoutbag that is specificallydesignedand manufactured or multiple reuseand meets he requirementsof Section 9C-5 of thischapter.(6) SINGLE-USE CARRYOUT BAG means a carryout bag that is not areusablecarryout bag.

SEC. 9C.3. SINGLE-USE CARRYOUT BAGS.(a) No person may provide single-use canyout bags at any city facility, city-sponsored pecialevent as defined in Section 42A-2 of this code, or any event held on cityproperty.(b) Except asprovided n Section9C-4 of this chapter,a businessestablishmentmaynot provide single-usecarryout bags o its customersor to anyperson.(c) A single-usecarryout bag permittedunder Section9C-4 of this chaptermust havea thickness f at least0.70 mil andbe printedwith the nameof the business stablishment.(d) This sectiondoesnot apply o the following:

(1) Laundry,dry cleaning,or garmentbags;biodegradable oor-hanger ags;biodegradablenewspaperbags; or packagesof multiple bags intended for the disposal ofgarbage, et waste, or yard waste.(2) Recyclablepaperbagsprovided by pharmacistsor veterinarians o containprescriptiondrugs or other medical necessities.(3) Recyclable aperbagsusedby restaurantso takeawaypreparedood.(4\ Single-useplastic bags used by restaurants o take away prepared foodonly where necessaryto prevent moisture damage, such as for soups, sauces, salads withdressing, nd iquids.(5) Bagsusedby a consumer nside a business stablishmento:

(A) contain bulk items, such as produce,nuts, grains, candy, or smallhardware tems;

packaged; (B) contain or wrap meat, fish, or frozen foods whether or not pre-

(C) contain or wrap flowers, potted plants, or other items to preventmoisfure damage o other purchases;or(D) contain unwrappedprepared oods or bakery goods.



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(6) Bags usedby a non-profit corporationor other charity to distribute food,groceryproducts,clothing, or other household tems to clients.SEC.9C-4. REGISTRATION; ENVIRONMENTAL FEE.

(a) Registration.(1) A business establishmentmay provide single-usecarryout bags to itscustomers f it registerswith the departmentand chargesa fee in accordancewith this section.(2) A businessestablishmentwishing to provide single-use arryoutbags toits customersshall annually registerwith the departmenton a form providedby the director.

(A) A separateregistration is required for each location where thebusinessestablishmentwishesto provide single-usecarryoutbags o its customers.(B) A business establishment shall indicate in its registrationapplicationwhether t will chargeenvironmental eeson a per-bagor per-transactionbasis.

(i) Except as provided in this paragraph, a businessestablishmentmay only change from charging a per-bag fee to a per-transaction ee, or viceversa,at the time of its annualregistration.(ii) A businessestablishmentmay change rom charging a per-bag fee to a per-transaction ee, or vice versa, f it delivers written notice to the director withinthe first six months after its original registration.

(C) There s no feefor registration.(b) Environmentalfee.

(1) If single-usecanyout bags are provided to a customer, a businessestablishment hall charge he customeran environmental ee of:(A) $0.10 per bag if the businessestablishment as elected o chargefeeson a per-bagbasis;or(B) $1.00 per transaction f the businessestablishment as elected ocharge ees on a per-transactionbasis.

(2) The customer shall pay the environmental fee required by this section atthe time of purchase.



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SEC. 9C-5. REUSABLE CARRYOUT BAG STANDARDS.(a) A business establishmentmay provide or sell reusable carryout bags to itscustomersor to any person. A person,subject to authorizationby the city, may provide or sellreusablecarryout bags at any city facility, city-sponsoredspecial event as defined in Section42A-2 of this code,or any event held on city property.(b) A reusablecarryout bag must display in a highly visible manner on the bag'sexterior, anguagedescribing he bag's ability to be reusedor recycled.(c) A reusablecarryoutbag must have a handle, except that a handle is not requiredfor a reusable carryout bag constructedout of recyclable paper with a height of less than 14inches anda width of less han eight inches.(d) A reusablecarryout bag must be constructedout of:

(1) cloth, other washable abric, or other durable materials whether woven ornon-woven;(2) recyclableplastic,with a minimum thickness f 4.0 mil; or(3) recyclablepaper hat contains a minimum of 40 percent ecycled content.

(e) A reusable carryout bag must meet the minimum reusetesting standard of 100reuses arrying 16pounds.(0 Alternative eusable ass.

(1) The director may approve an altemativebag to the reusablecarryout bag ifthe director finds that:(A) the proposed alternative bag provides reusability and durabilitythat is equivalent o or better than the required bag; and(B) the manufactureror distributor of the proposedalternative bag hasindependentdocumentation hat shows hat the bag is capableof 100 reusescarrying 16pounds.

(2) A request or approval of an altemativebag must be submitted on a formprovidedby the director.(3) The applicant has the burden of proof to establish he necessary acts towarrant favorable action by the director. The director shall evaluateall applications on a case-by-case asis.

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(4) The director shall render a decision on an application filed in accordancewith this subsectionno later than 60 days after the request s submitted. If the director fails torender a decision within 60 days, he applicationshall be deemeddenied. The director shallpreparewritten findings to support the grant or denial of a request iled in accordancewith thissubsection.(5) If the director denies an application for an alternative bag, the decision isfinal unless he applicant files an appealwith the permit license and appealsboard in accordancewith Section2-96of this code.

SEC. 9C.6. SIGNAGEAND OTHER REQUIREMENTS.(a) Except asprovided n this section,a businessestablishment hall display signagein accordancewith this section.(b) A business enterprise s not required to display signage if the only single-use

carryout bags it provides to customers fall under the exemption of Section 9C-3(d) of thischapter.(c) Required signsmust be displayed n both English and Spanish.(d) The specific wording of a required sign may be chosen by the businessestablishmentas ong as he sign statesall of the following:

(1) If the businessestablishments not registered n accordance ith Section9C-4 of this chapter, hat the businessestablishmentdoesnot offer single-usecarryoutbags.(2) If the business stablishments registeredn accordance ith Section9C-4of this chapter, hat single-usecarryout bags are only provided to a customerwho pays a per-bagor per-transactionee, as applicable.(3) The options available for carrying items purchased from the businessestablishment.(4) The environmentalbenefits of reducing, reusing, and recycling.

(e) A sign must be postedno farther than six feet from eachpoint of sale.(f) A business stablishmenthat owns, eases, r controls ts customerparkingareasshall post and maintain in each customer parking arca exterior signs with the followingrequirements:

(1) The signs must include wording that encourages ustomers o bring theirown reusablecarryout bags.

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(2\ The signsmustbe at least 11 nchesby I7 inches n areaand readable ywalking customers.(3) The signs must be posted so that they are visible to customers with aminimum of one sign for every 50 parking spaces. Except as provided in this subsection,hesignsmust be distributed n a roughly even manner hroughout he parking lot.(4) If a businessestablishment as fewer than 50 parking spaces,n lieu ofposting signs n the parking arca, t must post one sign at the exterior of each customerentrance,visible to customersentering he businessestablishment.(5) The signsmustbe madeof rigid, weather-resistant etal.

(g) The city does not provide the signs required by this section. It is theresponsibilityof the businessestablishment o produce,erect, and maintain the signs.(h) A sign requiredby this sectionmay only be removedby the owner of the businessestablishmentor the property owner.

SEC.9C-7. VIOLATIONS; PENALTY.(a) A person who violates any provision of this chapter, or fails to perform an actrequired by this chapter, commits an offense. A personcommits a separateoffense eachday orpart of a day during which the violation is committed, continued, or permitted.(b) An offenseunder his chapter s punishable y a fine not to exceed$500."SECTION 2. That prior to the effective date of this ordinance, the city managershall

develop a public education campaign to inform business establishmentsand citizens of therequirementsof this ordinance and the benefits of usingreusablecarryout bags.

SECTION 3. That the Dallas City Code shall remain n full force and effect. save andexcept as amendedby this ordinance.

SECTION 4. That the terms and provisions of this ordinance are severableand aregoverned y Section -4 of Chapter1 of the DallasCity Code,asamended.

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APWr

By

SECTION 5. That this ordinance will take effect on January l, 2015, and it isaccordinglyso ordained.

PROVED STO FORM:ARRENM.S.ERNST,City Attomey

AssistantCityAttorney

Passed

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ORDINANCENO.

An ordinanceadding Chapter 9C, "Carryout Bags," to the Dallas City Code; providing astatement of purpose; defining terms; prohibiting business establishments rom distributingsingle-use carryout bags; providing for exemptions and variances; providing standards forreusablecarryoutbags;requiring signage;providing a penalty not to exceed$500; providing fora public education campaign;providing a saving clause;providing a severability clause; andproviding an effective date.

WHEREAS, the City of Dallaswishes o promote a "culture of clean"; andWHEREAS, the City of Dallas desires o protect the natural environment,the economy,

and he healthof its residents;andWHEREAS, it is in the best nterestsof the health, safety,and welfare of the residentsof

the city of Dallas to protect the environment by regulating the use of carryout bags; Now,Therefore,

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS:SECTION 1. That the Dallas City Code is amendedby adding a new Chapter 9C,

"CarryoutBags," o read as ollows:..CHAPTER9C

CARRYOUT BAGS

sEC.9C-1. PURPOSE.The purposesof this chapterare o:

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(1) promotea "culture of clean" by reducing he negative mpacts causedbysingle-use arryoutbags, ncluding:(A) uglinesson city streets,sidewalks, rees,bushes,vacant ots, cityparks, waterways,reservoirs, and shorelines hat is detrimental to the quality of life of citizens,

thepropertyvalues of homeowners,and he tourism industry;(B) clogging sewersand drainagesystems, ausing looding, backups,sewagespills, and other additionalharm to the environment;and(C) polluting the andscape;

(2) reduce the costs associatedwith the use and distribution of single-usecarryoutbags;(3) reduce he effort associatedwith the removal of litter generatedby the use

and distribution of single-usecarryout bags;(4) reduce the harmful impacts of single-use carryout bags on naturalresources, ncluding wildlife andplants;(5) reduce the environmental impacts of single-use calryout bags on theenvironment, including natural landscapes,streams,creeks, reservoirs, lakes, and the TrinityRiver; and(6) encourage he use of, and establishstandards or, reusablecarryoutbags.

SEC.9C.2. DEFINITIONS.In this chapter:(1) BUSINESS ESTABLISHMENT meansany entity that providescarryoutbags o its customers,ncluding soleproprietorships,oint ventures,partnerships,corporations,orany other legal entity whether for profit or not-for-profit, and ncludes all employeesof the entityandany independentcontractorsassociatedwith the entity.(2) CARRYOUT BAG meansa bagprovidedby a business stablishmento acustomer, ypically at the point of sale, or the purposeof transportingpurchases.(3) DEPARTMENT means he departmentdesignatedby the city manager oenforce and administer his chapter.(4) DIRECTOR means the director of the departmentdesignatedby the citymanager to enforce and administer this chapter and includes representatives,agents, ordepartmentemployeesdesignated y the director.

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(5) REUSABLE CARRYOUT BAG means a caffyout bag that is specificallydesignedand manufactured or multiple reuse and meets he requirementsof Section 9C-4 of thischapter.(6) SINGLE-USE CARRYOUT BAG means a caffyout bag that is not areusablecarryout bag.

SEC. 9C.3. SINGLE.USE CARRYOUT BAGS.(a) No person may provide single-use carryout bags at any city facility, city-sponsored pecialevent as defined in Section 42A-2 of this code, or any event held on cityproperty.(b) A business establishment may not provide single-use caffyout bags to itscustomersor to any person.(c) This sectiondoesnot apply to the following:

(1) Laundry,dry cleaning,or garmentbags;biodegradable oor-hanger ags;biodegradablenewspaperbags; or packagesof multiple bags intended for the disposal ofgarbage, et waste, or yard waste.(2) Recyclablepaperbagsprovided by pharmacistsor veterinarians o containprescriptiondrugsor othermedicalnecessities.(3) Recyclablepaperbags used by restaurants o take awayprepared ood.(4) Single-useplastic bags used by restaurants o take away prepared foodonly where necessaryto prevent moisture damage, such as for soups, sauces, salads withdressing, nd iquids.(5) Bagsusedby a consumer nside a business stablishmento:

(A) contain bulk items, such as produce,nuts, grains, candy, or smallhardware tems;(B) contain or wrap meat, fish, or frozen foods whether or not pre-packaged;(C) contain or wrap flowers, potted plants, or other items to preventmoisture damage o otherpurchases; r(D) containunwrappedprepared oods or bakery goods.

(6) Bags used by a non-profit corporation or other charity to distribute food,grocery products,clothing, or otherhousehold tems to clients.

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SEC. 9C-4. REUSABLE CARRYOUT BAG STANDARDS.(a) A business establishmentmay provide or sell reusable carryout bags to itscustomersor to any person. A person,subject to authorizationby the city, may provide or sell

reusablecarryout bags at any city facility, city-sponsoredspecial event as defined in Section42A-2 of this code,or any eventheld on city property.(b) A reusable carryout bag must display in a highly visible manner on the bag'sexterior, anguage escribing he bag's ability to be reusedor recycled.(c) A reusable carryout bag must have a handle, except that a handle is not requiredfor a reusablecarryout bag constructedout of recyclable paper with a height of less than 14inchesand a width of less han eight nches.(d) A reusablecarryout bag must be constructedout ot

(l) cloth, other washable abric, or other durable materialswhether woven ornon-woven;(2) recyclableplastic,with a minimum thickness f 4.0 mil; or(3) recyclablepaper hat containsa minimum of 40 percent ecycled content.

(e) A reusable carryout bag must meet the minimum reuse testing standardof 100reuses arrying 6 pounds.

sEc. 9c-s. STGNAGEAND OTHER REQUTREMENTS.(a) Except asprovided in this section, a businessestablishmentshall display signagein accordancewith this section.(b) A business enterprise s not required to display signage if the only single-usecarryout bags it provides to customers fall under the exemption of Section 9C-3(c) of thischapter.(c) Required signs must be displayed n both English and Spanish.(d) The specific wording of a required sign may be chosen by the businessestablishmentas ong as he sign statesall of the following:

(1) The business stablishmentoesnot offer single-use arryoutbags.(2) The options available for carrying items purchased from the businessestablishment.

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(3) The environmentalbenefitsof reducing,reusing, andrecycling.(e) A signmust be postedno farther than six feet from eachpoint of sale.(f) A businessestablishment hat owns, leases,or controls its customerparking areas

shall post and maintain in each customer parking area exterior signs with the followingrequirements:(1) The signs must include wording that encourages ustomers o bring their

own reusablecarryoutbags.(2) The signsmust be at least 11 nchesby I7 inches n areaand readable ywalking customers.(3) The signs must be posted so that they are visible to customerswith aminimum of one sign for every 50 parking spaces. Except as provided n this subsection,he

signsmust be distributed n a roughly even manner hroughout he parking lot.(4) If a businessestablishmenthas fewer than 50 parking spaces, n lieu ofposting signs n the parking area, t must post one sign at the exterior of each customerentrance,visible to customersentering he businessestablishment.(5) The signsmust be made of rigid, weather-resistantmetal.

(g) The city does not provide the signs required by this section. It is theresponsibilityof the businessestablishmento produce,erect, andmaintain the signs.(h) A sign required by this sectionmay only be removedby the owner of the businessestablishmentor the property owner.

SEC.9C.6. ALTERNATIVE BAGS.The director may approve an alternativebag to the reusablecarryout bag if the directorfinds that:

(1) the proposed alternative bag provides reusability and durability that isequivalent o or better than the required bag; and(2) the manufacturer or distributor of the proposed altemative bag hasindependent ocumentationhat shows hat the bag s capable f 100 euses arrying16pounds.

SEC.9C.7. VARIANCE.The director may grant a variance from a requirement of this chapter only afterdetermining hat applicationof this chapterwould:

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SEC.9C.8.

causeundue hardship basedon unique circumstances; rdepriveapersonor business nterprise f a legally-protectedight.APPLICATION FOR ALTERNATIVE BAGS OR FOR AVARIANCE.

(a) A request or approval of an alternativebag or a variancemust be submittedon aform providedby the director.(b) An application for an alternative bag under Section 9C-6 of this chapter or avarianceunder Section 9C-7 of this chaptermust contain the following information:

(1) whetherthe request s for an alternativebag or a variance;(2) the applicant'sname,address,and telephonenumber;(3) the name and addressof the businessestablishment;and(4) if the application is for an alternative bag, any information required bySection 9C-6 of this chapter, the proposed alternative bag, and the duration of use of theproposedalternative ag; or(5) if the application s for a variance:

(A) a description of the allegedhardship and a demonstration hat thehardship s aboveand beyond the general ransition and conversion ssuesencounteredby otherbusiness stablishments:r

(B) a descriptionof the legally-protected ight of which the businessestablishment laims to be deprived.(c) The applicant has the burden of proof to establish he necessary acts to warrantfavorable action by the director. The director shall evaluate all applications on a case-by-casebasis.(d) The director shall render a decision on an applicationfiled in accordancewith thissection no later than 60 days after the request s submitted. If the director fails to render a

decision within 60 days, the application shall be deemed denied. The director shall preparewritten findings to support he grantor denial of a request iled in accordancewith this section.(e) If the director denies an application for a variance or an alternative bag, thedecision s final unless he applicant files an appealwith the permit license and appealsboard inaccordance ith Section2-96of this code.

(1 )(2)

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SEC.9C.9. VIOLATIONS; PENALTY.(a) A person who violates any provision of this chapter, or fails to perform an actrequiredby this chapter, commits an offense. A personcommits a separateoffense eachday orpart of a day during which the violation is committed,continued,or permitted.(b) An offenseunder his chapter s punishable y a fine not to exceed$500."SECTION 2. That prior to the effective date of this ordinance, the city manager shall

develop a public education campaign to inform business establishmentsand citizens of therequirementsof this ordinance andthebenefitsof using reusablecarryout bags.

SECTION 3. That the Dallas City Code shall remain in full force and effect, save andexcept as amendedby this ordinance.

SECTION 4. That the terms and provisions of this ordinance are severableand aregoverned y Section1-4 of Chapter of the Dallas City Code,asamended.

SECTION 5. That this ordinance will take effect on January 1, 2015, and it isaccordingly so ordained.

APPROVED S TO FORM:WARRENM.S.ERNST,CityAttorney

Assistant City Attorney

Passed

By

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(1) promote a "culture of clean" by reducing he negative mpactscausedbysingle-usecarryoutbags, ncluding:

(A) uglinesson city streets,sidewalks,trees,bushes,vacant lots, cityparks, waterways,reservoirs,and shorelines hat is detrimental to the quality of life of citizens,the property values of homeowners,and he tourism industry;

(B) clogging sewersand drainagesystems, ausing looding,backups,sewagespills, and other additionalharm to the environment;and

(C) polluting the andscape;(2) reducethe costs associatedwith the use and distribution of single-usecarryout bags;(3) reduce he effort associatedwith the removal of litter generated y the use

anddistribution of single-usecarryoutbags;(4) reduce the harmful impacts of single-use carryout bags on naturalresources,ncluding wildlife andplants;(5) reduce the environmental impacts of single-use carryout bagsenvironment, including natural landscapes,streams,creeks, reservoirs, lakes, and theRiver: and(6) encouragehe useof, and establishstandardsor, reusablecarryoutbags.

SEC.9C-2. DEFINITIONS.In this chapter:

(1) BUSINESS ESTABLISHMENT meansany entity that provides carryoutbags o its customers,ncluding soleproprietorships,oint ventures,partnerships,corporations,orany other legal entity whether for profit or not-for-profit, and ncludes all employeesof the entityand any independentcontractorsassociatedwith the entity.(2) CARRYOUT BAG meansa bagprovidedby a business stablishmento acustomer, ypically at the point of sale, or the purposeof transportingpurchases.(3) DEPARTMENT means he departmentdesignatedby the city managerenforce andadminister his chapter.(4) DIRECTOR means the director of the departmentdesignatedby the city

manager to enforce and administer this chapter and includes representatives,agents, ordepartmentemployeesdesignated y the director.

on theTrinity

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(5) REUSABLE CARRYOUT BAG meansa carryoutbag that is specificallydesignedandmanufactured or multiple reuse and meets he requirementsof Section 9C-5 of thischapter.(6) SINGLE-USE CARRYOUT BAG means a carryout bag that is not areusable arrvoutbas.

SEC. 9C.3. SINGLE-USE CARRYOUT BAGS.(a) No person may provide single-use carryout bags at arry city facility, city-sponsored pecial event as defined in Section 42A-2 of this code, or any event held on cityproperty.(b) Except asprovided n Section9C-4 of this chapter,a business stablishmentmaynot provide single-usecarryout bags o its customersor to anyperson.(c) This sectiondoesnot apply o the following:

(1) Laundry, dry cleaning,or garnent bags;biodegradable oor-hanger ags;biodegradablenewspaperbags; or packagesof multiple bags intended for the disposal ofgarbage, et waste, or yard waste.(2) Recyclablepaperbagsprovided by pharmacistsor veterinarians o containprescriptiondrugsor othermedicalnecessities.(3) Recyclablepaperbags used by restaurants o take awayprepared ood.(4) Single-useplastic bags used by restaurants o take away prepared foodonly where necessary to prevent moisture damage, such as for soups, sauces, salads withdressing, nd iquids.(5) Bagsusedby a consumer nsidea business stablishmento:

hardware tems;

packaged;

(A) containbulk items, suchasproduce, uts,grains,candy,or small

(B) containor wrap meat, ish, or frozen oods whetheror not pre-

(C) containor wrap flowers,pottedplants,or other tems to preventmoisturedamage o otherpurchases;or(D) containunwrappedprepared oods or bakery goods.

(6) Bags used by a non-profit corporation or other charity to distribute food,grocery products,clothing, or otherhousehold tems to clients.

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sEC.9C-4. RESPONSIBLERETAILER PROGRAM.(a) A business stablishment ay providesingle-use arryoutbags o its customers ranyperson f it is certifiedas a responsible etailer n accordance ith this section.(b) A businessestablishmentseekingresponsible etailer certification must annuallyregister with the department on a form provided by the director. A separateapplication isrequired or each ocation hat a business stablishment ishes o havecertified.(c) An applicant for responsibleretailer certification shall pay an annual charge of

$55 for each ocation to help defray the costsof processing he applicationand the costs ofgathering and reviewing the information required to be submitted in Subsection (d). Anapplication or responsibleetailer certification s not completeandwill not be processed nlessit is accompaniedby the required payment. No paymentsmade in conjunction with subsectionwill be refunded o the applicant.(d) A businessestablishmentcertified under the responsible etailer program, at eachlocationseekingcertification,must

(1) supply information on an annual basis in a manner required by thedirector on the number of single-usecarryout bags:(A) supplied o customersor otherpersons;and(B) collected rom customersand otherpersons or recycling;

(2) only providesingle-use arryoutbags o customers r otherpersonshat:(A) have a thicknessof at east0.70 mil;(B) areprinted with the name of the businessestablishment;(C) identify the maker of the single-usecarryout bag by name;(D) list the recycledcontentof thebag; and(E) have wording in English and Spanish encouragingrecycling the

bag.(3) sell reusablecarryoutbags complying with Section 9C-5 of this chapterwith prominent display at each checkout site, at a cost to consumersno greater han the businessestablishment'sost:

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(4) provide training to its staff on carryoutbag reduction strategies,ncludinginstruction to encouragepurchase of reusable bags, efficient bagging techniques,and askingcustomersf they need a bag for two items or less;

(5) regularly monitor, collect, and disposeof single-usecalryout bag wasteand other litter from parking lots and otherproperty occupiedby the businessestablishment;

(6) if the registeredocation of the businessestablishment as a floor areagreater than 30,000 square feet, participate in neighborhood clean-ups and external publiceducationprograms with schoolsand non-profit agencies;(7) if the registeredocationof the businessestablishment as a floor areaof

6,000 square eet or greater,providebins for the recycling of plasticbagsand film; and(8) if the businessestablishment as a floor area ess han 6,000square eet,provide signageat each entrance o the businessestablishmentexplaining how and where to

recycleplasticbagsand ilms.(e) The director shall revoke a business establishment's responsible retailercertification for a location if the director finds that the businessestablishment ailed to complywith the requirementsof Subsection d) at that ocation.(0 The director shall sendwritten notice of a decision to revoke certification underthis section o the addressof the businessestablishment hown on the most recentapplicationforcertification for that location by certified mail with a five-day return requested.The notice muststate the reasonfor the revocation and notiSr the businessestablishmentof its right to appeal.The fact that the notice is returned undeliverable or that the return receipt is not signedby the

addressee oesnot affect the validity of the notice. The decisionof the director s final unlessthe business establishment files an appeal with the permit license and appeals board inaccordance ith Section2-96of this code.(g) A certification that has been revoked under this sectioncannotbe renewedfor aperiodof six months.

SEC.9C-5. REUSABLE CARRYOUT BAG STANDARDS.(a) A business establishmentmay provide or sell reusable carryout bags to itscustomersor to any person. A person,subjectto authorizationby the city, may provide or sellreusable carryout bags at any city facility, city-sponsoredspecial event as defined in Section42A-2 of this code,or any eventheld on city property.(b) A reusablecarryoutbag must display in a highly visible manner on the bag'sexterior, anguage escribing he bag's ability to be reusedor recycled.

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(c) A reusablecarryout bag must have a handle, except that a handle is not requiredfor a reusablecarryout bag constructedout of recyclable paper with a height of less than 14inchesanda width of less han eight inches'(d) A reusablecarryoutbagmust be constructedout of:

(1) cloth, other washable abric, or other durable materialswhetherwoven ornon-woven;

(2) recyclableplastic,with a minimum thickness f 4.0 mil; or(3) recyclablepaper hat containsaminimum of 40 percent ecycledcontent.

(e) A reusablecarryout bag must meet the minimum reuse testing standardof 100reuses arrying 6 pounds.(0 Alternative eusable as.

(1) The director may approvean alternativebag to the reusablecarryoutbag ifthe director finds that:

(A) the proposed altemative bag provides reusability and durabilitythat is equivalent o or betterthan the requiredbag; and

(B) the manufactureror distributor of the proposedalternativebag hasindependentdocumentationhat shows hat the bag is capableof 100reusescarrying 16pounds.

(2) A request or approvalof an alternativebag must be submittedon a formprovidedby the director.(3) The applicanthas the burden of proof to establish he necessary acts towarrant favorable action by the director. The director shall evaluateall applicationson a case-by-casebasis.(4) The director shall render a decisionon an application filed in accordancewith this subsectionno later than 60 days after the request s submitted. If the director fails torendera decisionwithin 60 days, he applicationshall be deemeddenied. The director shallpreparewritten findings to support the grant or denial of a request iled in accordancewith thissubsection.(5) If the director deniesan application for an alternativebag, the decision isfinal unless he applicant files an appealwith the permit license and appealsboard in accordancewith Section2-96ofthis code.

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SEC. 9C-6. SIGNAGE AND OTHER REQUIREMENTS.(a) Except asprovided in this section,a businessestablishmentshall display signagein accordancewith this section.

(b) A businessenterprise s not required to display signage if the only single-usecarryout bags it provides to customers fall under the exemption of Section 9C-3(d) of thischapter.(c) Requiredsignsmustbe displayed n both English and Spanish.(d) The specific wording of a required sign may be chosen by the businessestablishmentas ong as he sign statesall of the following:

(1) If the businessestablishments not certified in accordancewith Section9C-4 of this chapter, hat thebusinessestablishmentdoesnot offer single-usecarryoutbags'

(2) The options available for carrying items purchased from the businessestablishment.

(3) The environmentalbenefitsof reducing,reusing,andrecycling.(e) A signmust be postedno fartherthan six feet from eachpoint of sale.(0 A businessestablishmenthat owns, leases,or controls its customerparking areasshall post and maintain in each customer parking area exterior signs with the followingrequirements:

(1) The signsmust include wording that encourages ustomers o bring theirown reusablecarryoutbags.

(2) The signsmust be at least11 inchesby 17 nches n areaandreadable ywalking customers.

(3) The signs must be posted so that they are visible to customerswith aminimum of one sign for every 50 parking spaces. Except as provided in this subsection, hesignsmust be distributed n a roughly evenmanner hroughout he parking lot'(4) If a businessestablishmenthas fewer than 50 parking spaces, n lieu ofposting signs n the parking area,Lt must post one sign at the exterior of eachcustomerentrance,visible to customersentering he businessestablishment.(5) The signsmustbe made of rigid, weather-resistant etal.

(g) The city does not provide the signs required by this section. It is theresponsibilityof the businessestablishmento produce, erect,andmaintain the signs.

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(h) A signrequiredby this sectionmay only be removedby the ownerof the businessestablishmentor the propertyowner.SEC.9C.7. VIOLATIONS; PENALTY.

(a) A personwho violates any provision of this chapter, or fails to perform an actrequired by this chapter,commits an offense. A person commits a separateoffenseeachday orpartof a day during which the violation is committed,continued,or permitted.(b) An offenseunder this chapter s punishableby a fine not to exceed$500."SECTION 2. That prior to the effective date of this ordinance,the city managershall

develop a public education campaign to inform businessestablishmentsand citizens of therequirementsof this ordinanceandthe benefitsof using reusablecarryoutbags.

SECTION 3. That the Dallas City Code shall remain in full force and effect, saveandexceptas amendedby this ordinance.

SECTION 4. That the terms and provisions of this ordinance are severableand aregovemedby Section1-4 of Chapter of the Dallas City Code,as amended.

SECTION 5. That this ordinance will take effect on January I, 2015, and it isaccordinglyso ordained.


ByAssistant City Attorney

Passed

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COUNCIL CHAMBERMatch26.2014

\VHEREAS, the City of Dallaswishes o promotea "cultureof clean";andWHEREAS, the City of Dallashasa duty to protect the natural environment, he economy,andthe healthof its residents;andWHEREAS, the improper disposalof single-usecaffyout bags has a negative mpact on theenvironment by contributing to unsightly ugliness on the streets,sidewalks,trees,bushes,andvacant lots that is detrimental to the quality of life of residents, the property values ofhomeowners,and the tourism industry; clogging sewersand drainagesystemscausing looding,backups,and other harm to the environment,natural habitatsandprivate property; andpollutingthe landscapeand the Trinity River watershed;andWHEREAS, single-use caffyout bags have significant environmental impacts each year,requiring hundreds of volunteer hours to remove single-usecarryout bags from trees, lots,bushes,androadways;andWHEREAS, single-usecuuryoutbags causeharmful impacts to migrating wildlife includinginjury anddeath;andWHEREAS, the City Council desires o continue o assesshe adverse nvironmentalmpact ofsingle-usecarryoutbagsandexplore additionaloptions for reducingthe impactsgenerated y theuseandprocessing f single-use arryoutbags;Now, Therefore,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DALLAS:Section I That the Office of Environmental Quality is instructed to perform additionalstudies o:

determine he natureof litter in the city of Dallas;assesshe impacts of single-usecarrout bagson the municipal stormwatersystemandthe Trinity River;

(3) assesshe potential environmental,aesthetic,andother benefitsof banning single-usecarryoutbags;

(4) explore he potential or city recycling or reuseof single-use arryoutbags,suchas hereuseof plasticbagsas a source or diesel uel;(5) exploreoptions or vendors o collectandrecyclesingle-use arryoutbags;and

(1)(2)

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(6) collect information regarding litter resulting from single-usecarryout bags notlabeledwith the name of the businessestablishment upplyingthe bag.Section 2. That the Offrce of EnvironmentalQuality is instructedto report its new findingson therequestsn Section1 to the city council by December31, 2014.Section 3. That the departmentof code compliance s instructedto focus its attentionto theenforcementof litter generated y single-usecarryoutbags.Section4. That the city manager is instructed to assign appropriate departments toincorporatea component ocusingspecifically on single-usecarryoutbags nto existing city litterabatementand beautificationprograms wherenone currently exists.Section 5. That this resolution shall take effect immediately from and after its passage naccordancewith the Charterof the City of Dallas, and t is accordinglyso resolved.


Assistant ityAttorneyBy

dallas' three proposed bag ordinances

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