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Dallas' Three Proposed Bag Ordinances

Dallas' Three Proposed Bag Ordinances

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Published by Robert Wilonsky
A full ban, a partial ban or something that looks like no ban at all
A full ban, a partial ban or something that looks like no ban at all

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Categories:Types, Presentations
Published by: Robert Wilonsky on Mar 22, 2014
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03/26/2014

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MemorandumDATETOSUBJECT
CITY OF DALLAS
I have attached hree ordinances dding Chapter 9C,"Carcyout Bags," o the Dallas City Code oregulate ingle-use nd reusable arryout bags: he fee ordinance ncluded n your council agendaand two alternative ordinances (the "ban" alternative and the "responsible retailer" alternative).Also attached s a resolution instructing staff to explore options to reduce the impacts of single-use carryout bags.The fee ordinance posted with the agenda nformation sheet does he following:(1) Bans single-use arryout bags at city facilities, events, or properties.(2) Allows businesses o give customers single-use carryout bags if they annuallyregister with the city and charge customers n environmental ee of $0.10 per bagor $1.00 per transaction. The businesses lect whether o charge customers n aper-bag or per-transaction asis. Businesses re required o remit fees o the cityon a monthly or quarterly basis, depending on the amount collected. Businessesmay retain up to 50 percent of the fees as ollows: 10 percent o offset he costs ofcollection, 20 percent if the business ebates $0.05 per reusable bag that thecustomer brings, and 20 percent f the business mplements a program to educatecustomers on environmental stewardship.(3) Establishes equirements, such as materials and durability, for reusable canyoutbags.(4) Requires businesses o erect signs o explain he program o customers.The first alternative ordinance (the "ban" altemative) does he following:(1) Bans single-use arryout bags at city facilities, events, or properties.(2) Bans businesses rom providing single-use arryout bags o customers.(3) Establishes equirements, such as materials and durability, for reusable carryoutbags.(4) Requires businesses o erect signs o explain he program o customers.The second alternative ordinance the "responsible etailer" alternative) does he following:(1) Bans single-use arryout bags at city facilities, events, or properties.(2) Allows businesses o give customers single-use carryout bags if they annuallyregister with the city as a responsible etailer, pay an annual fee of $55 perbusiness ocation, and comply with the requirements of the responsible etailerprogram. The responsible etailer program equires businesses o:
March 21,2014The Honorable Mayor and City CouncilmembersCarryout Bag Ordinances
"Dallas, The City That Works: Diverse, ibrant and Progressive."
 
(a) annually supply the city with the number of single-use carryout bags givento customers nd collected rom customers or recycling;(b) print the name of the business n all single-use arryout bags;(c) sell reusable arryout bags at cost;(d) train staff on bag reduction strategies;(e) collect single-use arryout bags rom the parking ots;(0 participate in education programs and neighborhood clean-up programs fthe business remises s greater han 30,000 square eet; and(g) provide recycling bins f the business remises s over 6,000 square eet.(3) Establishes equirements, uch as materials and durability, for reusable carryoutbags.(4) Requires businesses o erect signs o explain he program o customers.Although there is only one ordinance ncluded with the posted agenda, he posting and agendasubject matter s broadly worded o allow you to consider all three ordinances t your March 16thCouncil hearins.
C- * f}-,.,.-e-+ 'tor wMsE
WARREN M. S. ERNSTCity AttorneyAttachments 4)Ordinance posted with the agenda nformation sheet "fee")First alternative ordinance ("ban")Second alternative ordinance "responsible etailer")Resolutionc: A.C. Gonzalez, City ManagerJill Jordan, Assistant City ManagerFrank Camp, Director, Office of Environmental QualityChris Bowers, First Assistant City AttorneyIleana Fernandez, Assistant City AttorneyCasey Burgess, Assistant City AttorneyJohn Rogers, Assistant City AttorneyJames McGuire. Assistant City Attorney
"Dallas, The City That Works: Diverse, Vibrant and Progressive
 
3-2t-r4
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 standards for 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; and providing an effective date.WHEREAS, the City of Dallas wishes o promote a "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 interests of the health, safety, and welfare of the residents ofthe city of Dallas to protect the environment by regulating the use of carryout bags; Now,Therefore,BE IT ORDAINED BY THE CITY COI-INCIL OF THE CITY OF DALLAS:SECTION 1. That the Dallas City Code is amended by adding a new Chapter 9C,"Carryout Bags," o read as ollows:..CHAPTER 9CCARRYOUT BAGS
SEC.9C.1. PURPOSE.
The purposes of this chapter are o:
Chapter 9C (Carryout Bags) - Page 1

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