HomeMy WebLinkAboutORDINANCES-2014-066-O-140
i7/28/2014
7/8/2014
AN ORDINANCE
Adding Chapter 25 to Title 8 of the Evanston City Code Regulating
Disposable Plastic Shopping Bags
SECTION 1: Legislative Statement.
The City of Evanston (the "City") determined that the production, use, and
disposal of disposable plastic shopping bags have significant adverse impacts on the
environment. The City determined that to discourage and decrease the use of
disposable plastic shopping bags within the City, it is necessary to regulate such use.
The City Strategic Plan, adopted pursuant to Resolution 21-R-06, states that the City's
Natural Resources Vision is to be known as "the Green City" and commits the City to
• embracing the best ecological practices and policies in government, services and
infrastructure. The City's Strategic Plan has a goal to "protect and optimize the City's
natural resources and built environment, leading by example through sustainable
practices and behaviors," with the specific objective to "identify and utilize new practices
that will improve the quality of life and enhance the City's sustainability. In recognition
of the City Strategic Plan's goals and the need to regulate the use of disposable plastic
shopping bags, this ordinance hereby creates a process to regulate disposable plastic
shopping bags.
Article VII, Section (6)a of the Illinois Constitution of 1970 states that, "a
home rule unit may exercise any power and perform any function pertaining to its
. government and affairs." As a home rule unit, the City of Evanston's powers shall be
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construed liberally. Scadron v. City of Des Plaines, 153 111.2d 1-64 (1992). This ordinance •
is presumed constitutional and the burden of rebutting that strong presumption is on the
party challenging the validity of the statute to clearly demonstrate a constitutional
violation. Napleton v. Village of Hinsdale, 229 111.2d 296, 306 (2008). It is well -settled law
in Illinois that the legislative judgment of the City Council must be considered
presumptively valid. Glenview State Bank v. Village of Deerfield, 213 III.App.3d 747,
(2nd Dist. 1991). A court has a duty to uphold the constitutionality of a statute/ordinance
when reasonably possible, and if a statute's/ordinance's construction is doubtful, the
court will resolve the doubt in favor the statute's/ordinance's validity. Id. citing to People
ex rel. Sherman v. Cryns, 203 111.2d 264, 291 (2003).
The City Council finds that that there is a compelling governmental
interest in implementing reasonable regulations on the use of disposable plastic
shopping bags within the City of Evanston and that such regulations are essential to •
discourage and decrease the use of disposable plastic shopping bags within the City.
Said regulations are in the best interest of the health, safety, and welfare of City
residents and these regulations reduce the adverse impacts of disposable plastic
shopping bags on the environment and the City.
follows:
SECTION 2: Ordinance 66-0-14 shall be in full force and effect, as
With regard to individual stores subject to this Ordinance with a floor area
whose square footage exceeds 10,000 square feet, this Ordinance shall take full force
and effect on August 1, 2015.
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SECTION 3: Title 8 of the Evanston City Code of 2012, is hereby
amended to add Chapter 25 as follows:
8-25-1: TITLE:
This Chapter shall be titled and referred to as the "Plastic Shopping Bag Ordinance."
8-25-2: PURPOSE AND INTENT:
The purpose of this Chapter is to discourage the generation of waste in the form of
disposable plastic shopping bags by creating regulations to discourage and decrease
the use of disposable plastic shopping bags.
8-25-3: DEFINITIONS:
For the purposes of this Chapter, the words and terms listed shall have the meanings
ascribed to them in this Section:
CHAIN STORE ORGANIZATION
COMPOSTABLE PLASTIC BAG
CUSTOMER.
DISPOSABLE PLASTIC SHOPPING
BAG(S).
(1) Three or more stores having common
ownership, or (2) any store, regardless of
ownership, that is part of a franchise.
Any bag that (1) when placed with other
biodegradable or decaying natural
materials will be broken down into simple
organic components by biological
processes, and (2) meets the current
American Society for Testing and
Materials (ASTM) D6400 Standard
Specification for Compostable Plastics,
and (3) has been certified as a
compostable product by the Biodegradable
Products Institute ("BPI"), as evidenced by
the presence on the bag of the BPI
Commercial Logo, indicating that the bag
is "commercially compostable" or
"compostable in an industrial composting
facility."
Any person purchasing goods from a
store.
Any bag made predominantly of plastic
derived from . either petroleum or a
biologically based source, such as corn or
other plant sources, which is provided to a
customer at the point of sale. The term
"disposable plastic shopping bag" includes
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(1) degradable plastic bags, and (2)
biodegradable plastic bags that are not
commercially compostable. The term
"disposable plastic shopping bag" does not
include (i) commercially compostable
plastic bags, (ii) reusable bags, (iii)
produce bags, or (iv) product bags. As
used in this definition: The term "produce
bag" or "product bag" means any bag
without handles used exclusively to carry
produce, meats or other food items to the
point of sale inside a store or to prevent
such food items from coming into direct
contact -with other purchased items.
OPERATOR.
The person in control of, or having the
responsibility for, the operation of a store,
which may include, but is not limited to, the
owner of the store.
RECYCLABLE.
Material that can be sorted, cleansed, and
reconstituted using available recycling
collection programs for the purpose of
using the altered form in the manufacture
of a new product. As used in this definition,
the term "recycling" does not include
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burning, incinerating, converting or
otherwise thermally destroying solid waste.
RECYCLABLE PAPER BAG(S).
A paper bag that meets all of the following
requirements: (1) contains no old growth
fiber; (2) is one hundred percent (100%)
recyclable overall and contains a minimum
of forty percent (40%) post -consumer
recycled material; (3) is capable of
composting, consistent with the timeline
and specifications of the American Society
for Testing and Materials (ASTM) D6400
Standard Specification for Compostable
Plastics; (4) is accepted for recycling in
curbside programs in the county, (5) has
printed on the bag the name of the
manufacturer, the location (country) where
the bag was manufactured, and the
percentage of post -consumer recycled
material used; and (6) displays the word
"Recyclable" in a highly visible manner on
the outside of the bag.
POST -CONSUMER RECYCLED
A material that would otherwise` be
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• MATERIAL. destined for solid waste disposal, having
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completed its intended end use and
product life cycle. The term "post -
consumer recycled material' does not
include materials and by-products
generated from, and commonly reused
within, an original manufacturing and
fabrication process.
REUSABLE BAG. A bag with handles that is specifically
designed and manufactured for multiple
reuse and meets all of the following
requirements: (1) has a minimum lifetime
of 125 uses which, for purposes of this
definition, means the capability of carrying
a minimum of 22 pounds 125 times over a
distance of at least 175 feet; (2) has a
minimum volume of 15 liters; (3) is
machine washable or is made from a
material that can be cleaned or
disinfected; (4) does not contain lead,
cadmium, or any other heavy metal in toxic
amounts; (5) has printed on the bag, or on
• a tag that is permanently affixed to the
bag, the name of the manufacturer, the
country where the bag was manufactured,
a statement that the bag does not contain
lead, cadmium, or any other heavy metal
in toxic amounts, and the percentage of
postconsumer recycled material used, if
any; and (6) if made of plastic, is a
minimum of at least 2.25 mils thick.
STORE. A retail establishment with a floor area
whose square footage exceeds 10,000
feet, other than an establishment set forth
in Section 8-25-4, which sells perishable or
non-perishable goods, including but not
limited to establishments operating under
the following uses as defined in Section 6-
18-3: Commercial Shopping Center, Food
Store Establishment, Pawn Broker, Retail
Goods Establishment, or Retail Services
Establishment.
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8-25-4: EXEMPTIONS:
This Chapter shall not apply to (1) any dine -in or take-out restaurant, or (2) any store
that is not a chain store organization.
8-25-5: DISPOSABLE PLASTIC SHOPPING BAGS PROHIBITED:
No store shall provide a disposable plastic shopping bag to any customer for the
purpose of enabling the customer to carry away goods from the point of sale.
8-25-6: TYPES OF CARRYOUT BAGS REQUIRED:
Each operator shall provide reusable bags, recyclable paper bags or commercially
compostable plastic bags, or any combination thereof, to customers for the purpose of
enabling the customer to carry away goods from the point of sale. Provided, however,
that this Section shall not apply if the operator does not provide disposable plastic
shopping bags of any type to its customers.
8-25-7: PERMITTED BAGS:
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Nothing in this Chapter shall be construed to prohibit customers from using bags of any
type that the customer brings to the store for their own use or from carrying away from
the store goods that are not placed in a bag provided by the store. •
8-25-8: PENALTIES:
Any person who violates any provision of this Chapter shall be subject to a fine of
$150.00 per each offense.
8-25-9: ENFORCEMENT:
The City of Evanston Health Department and the City of Evanston Community
Development Department are authorized to enforce this section.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 5: The findings in this Ordinance, and -the legislative Record, are
declared to be prima facie evidence of the law of the City of Evanston, and shall be
received in evidence as provided by the Illinois Compiled Statutes and the courts of the
State of Illinois.
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SECTION 6: If an provision of this ordinance or application
Y p pp thereof to
any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given effect
without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
Introduced: ��Cy / 2014 Approved:
Adopted: �� y a� g 2014 12014
Eli a eth B. Tisdahl, Mayor
Attes Approved as to form:
rm6dney Gree, City Clerk W, rant Farrar, Corporation Counsel
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