1 2 3 4 5 ORDINANCE CITY OF NEW ORLEANS CITY HALL: November 19, 2015 CALENDAR NO. 31,074 NO. MAYOR COUNCIL SERIES BY: COUNCILMEMBERS GUIDRY AND CANTRELL AN ORDINANCE to create a new Article of the Code of the City of New Orleans to set requirements and regulations for the distribution and sale of single-use carryout bags and reusable carryout bags in the City of New Orleans, to provide an effective date of implementation; and otherwise to provide with respect thereto. WHEREAS, single-use carryout bags increase the cost of waste collection within the City of New Orleans; and WHEREAS, single-use carryout bags contribute to the general litter problem in the City of New Orleans; and WHEREAS, single-use plastic bag litter damages the aesthetics of the City of New Orleans, and may damage the tourism industry; and WHEREAS, single-use plastic bags are not biodegradable, and cause permanent environmental hazards to New Orleans water, soil, and air, and otherwise harm local wildlife; and WHEREAS, there are safe and affordable alternatives to single-use plastic bags, such as reusable cloth bags, durable plastic bags, or recyclable single-use paper bags; and WHEREAS the regulation of carryout bags will decrease their adverse impact on the environment and the local community; and WHEREAS, minimum price regulations on single-use bags have been proven effective in both New York City and Washington D.C., with Washington D.C. experiencing a 50-70% reduction in the utilization of single-use bags; NOW, THEREFORE SECTION 1. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY ORDAINS, That Chapter 138 of the City Code is hereby amended to create a new Article, Article 4, titled Carryout Bag Regulations, containing Sections 138-110 through 138-116, and the same shall read as follows: * * *
6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 CHAPTER 138, ARTICLE 4. Carryout Bag Regulations Sec. 138-110 DEFINITIONS In this article: 1) BUSINESS ESTABLISHMENT means any enterprise that provides carryout bags to its customers, including sole proprietorships, joint ventures, partnerships, corporations, or any other legal entity whether for profit or not for profit and includes all employees of the business and any independent contractors associated with the business. 2) CARRYOUT BAG means a bag provided by a business establishment to a customer typically at the point of sale for the purpose of transporting purchases out of the business establishment. 3) REUSABLE CARRYOUT BAG means either a. A bag made of cloth or other machine washable fabric that has handles; or b. A durable plastic bag with handles that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuses. 4) SINGLE-USE PLASTIC BAG means any carryout bag made primarily of plastic or plastic-like material that does not meet the requirements of a reusable carryout bag. Biodegradable plastic bags and compostable plastic bags are both considered single-use plastic bags unless they meet the requirements of reusable carryout bags. 5) SINGLE-USE PAPER BAG means any carryout bag made primarily of paper materials that does not meet the requirements of a reusable carryout bag. Sec. 138-111 EXEMPTIONS This article does not apply to: 1) Laundry dry cleaning bags, door-hanger bags, umbrella bags, newspaper bags, or packages of multiple plastic bags intended for use with garbage, pet waste, or yard waste; 2) Bags provided by pharmacists or veterinarians to contain prescription drugs or other medical necessities; 3) Bags used in restaurants for customers to leave with prepared foods; 4) Bags used by a consumer inside a business establishment to: a. Contain bulk items, such as produce, nuts, grains, candy, or small hardware items; b. Contain or wrap frozen foods, meat, or seafood whether or not prepackaged; 2
36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 c. Contain or wrap flowers, potted plants, or other items to prevent moisture damage to other purchases; or d. Contain unwrapped prepared foods or bakery goods; 5) Bags used to contain Mardi Gras beads or other carnival or parade related items; and 6) Bags used by a non-profit corporation or other hunger relief charity to distribute food, grocery products, clothing, or other household items. Sec. 138-112 SINGLE-USE PLASTIC BAG REGULATIONS 1) On and after the effective date of this ordinance, a business establishment within the city limits may not supply single-use plastic bags to any person, except as provided by this Article. 2) On and after the effective date of this ordinance, a business establishment within the city limits must provide prominently displayed legible signage advising customers of the benefits of reducing, reusing, and recycling, the price charged for single-use carryout bags, and the benefits of reusable carryout bags. The establishment must also provide legible signage in the parking lot reminding customers to bring reusable bags with them into the establishment. 3) On and after the effective date of this ordinance, a business establishment within the city limits may provide single-use plastic bags, provided the business establishment attaches a minimum sales price to the bag of ten (10) cents. Every customer receipt must specify the number of single-use plastic bags provided to that customer and the total amount charged to the customer for those bags. 4) The minimum sales price requirement contained herein does not apply to customers participating in the Supplemental Nutrition Assistance Program, the Women, Infants, and Children Program, and/or the Louisiana Combined Application Project. Sec. 138-113 SINGLE-USE PAPER BAG REGULATIONS 1) On and after the effective date of this ordinance, a business establishment within the city limits may not supply single-use paper bags to any person, except as provided by this Article. 2) On and after the effective date of this ordinance, any business establishment within the city limits may provide single-use paper bags to a customer, provided: 3
66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 a. The paper bags are 100% recyclable and contain a minimum of 40% postconsumer recycled material; and b. The business establishment attaches a minimum sales price to the bag of five (5) cents. 3) Every customer receipt must specify the number of single-use paper bags provided to that customer and the total amount charged to the customer for those bags. 4) The minimum sales price requirements contained herein does not apply to customers participating in the Supplemental Nutrition Assistance Program, the Women, Infants, and Children Program, and/or the Louisiana Combined Application Project. Sec. 138-114 REUSABLE CARRYOUT BAG REGULATIONS 1) All business establishments may provide reusable carryout bags to consumers, either for sale or at no charge. A business establishment may not prohibit a customer from using their own reusable carryout bag(s), nor charge a customer fee to use their own reusable carryout bag(s) in lieu of carryout bag(s) provided by the business establishment. 2) Reusable carryout bags must meet the standards expressed in 138-110(3). Sec. 138-115 ENFORCEMENT 1) The Department Safety and Permits, or its designee, shall be responsible for the enforcement of this Article. The Department of Safety and Permits, or its designee, is authorized to promulgate regulations and to take any and all other actions reasonable and necessary to enforce this Article, including but not limited to investigating violations, issuing fines and entering the premises of any business establishment during business hours. 2) If the Department of Safety and Permits, or its designee, determines that a violation of this Article has occurred, it will issue a written notice to the operator of the business establishment that a violation has occurred and the potential penalties that will apply to future violations. 3) If a business establishment violates any part of this Article after a written notice has been issued, the following penalties will be imposed on the business establishment: a. A fine of one hundred dollars ($100) for the first violation following the issuance of a written notice; or 4
96 97 98 99 100 101 102 103 104 b. A fine of five hundred dollars ($500) for the second violation following the issuance of a written notice, and for each subsequent violation. 4) All violations of any part of this Article by a business establishment that occur in a single day shall be considered a single violation committed by that business establishment for the purposes of this Article. Secs. 138-116 138-119 Reserved. SECTION 2. THE COUNCIL OF THE CITY OF NEW ORLEANS HEREBY ESTABLISHES, that this ordinance shall become effective from and after six (6) months of the date of its adoption. ADOPTED BY THE COUNCIL OF THE CITY OF NEW ORLEANS PRESIDENT OF THE COUNCIL DELIVERED TO THE MAYOR ON APPROVED: DISAPPROVED: MAYOR RETURNED BY THE MAYOR ON AT CLERK OF COUNCIL ROLL CALL VOTE: YEAS: NAYS: ABSENT: 5