NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST PARK, WASHINGTON, DO ORDAIN AS FOLLOWS:

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1 ORDINANCE NO AN ORDINANCE OF THE CITY OF LAKE FOREST PARK, WASHINGTON, ADOPTING CHAPTER 5.34, RESTRICTING THE USE AND SALE OF SINGLE-USE PLASTIC BAGS AND NON COMPOSTABLE FOOD SERVICE CONTAINERS, STRAWS, LIDS, AND UTENSILS IN THE CITY OF LAKE FOREST PARK, PROVIDING PENAL TIES FOR VIOLATIONS, FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the Washington State Legislature in RCW (8)(a) established waste reduction as the first priority for the collection, handling, and management of solid waste; and WHEREAS, the Washington State Legislature in RCW (4) found that it is "necessary to change manufacturing and purchasing practices and waste generation behaviors to reduce the amount of waste that becomes a governmental responsibility"; and WHEREAS, the Washington State Legislature in RCW (6)(c) found that it is the responsibility of city and county governments "to assume primary responsibility for solid waste management and to develop and implement aggressive and effective waste reduction and source separation strategies"; and WHEREAS, the City of Lake Forest Park (the "City") has a duty to protect the natural environment, the economy and the health of its citizens; and WHEREAS, the Lake Forest Park City Council finds that a reduction in plastic bag use is in the best interest of public health, safety, and welfare, for the citizens of Lake Forest Park and the environment; and WHEREAS, the vision statement for Lake Forest Park presented in the Comprehensive Plan updated and adopted in 2016 establishes the City as a "Model for preservation of the environment and natural resources"; and WHEREAS, single-use plastic carryout bags and non-compostable food service containers, straws, lids, and utensils are made of nonrenewable resources which never biodegrade, breaking down into smaller particles that seep into soils or are carried into rivers, lakes, Puget Sound, and the ocean, posing a threat to animal life; and WHEREAS, there is often not feasible or convenient means to recycle single-use plastic carryout bags or non-compostable food service containers, straws, lids, and utensils; and

2 WHEREAS, costs associated with the use and disposal of single-use plastic carryout bags and non-compostable food service containers, straws, lids, and utensils create a burden on the City's solid waste disposal system and clog stormwater drains; and WHEREAS, to prevent waste generation in the City, it is in the City's interest to discourage single-use, throw-away items of all types and, to do so, it is necessary to regulate such use; and WHEREAS, alternatives to single-use plastic carryout bags and noncompostable food service containers, straws, lids, and utensils are readily available; and WHEREAS, the City of Lake Forest Park shall work with retailers, retail associations, unions and other organizations to provide educational resources about the benefits of reusable bags and compostable food service containers, straws, lids, and utensils. This may include signage at store locations, informational literature, and employee training and will take place before and after the operative date. All retail establishments are strongly encouraged to educate their staff to promote reusable bags and compostable food service containers, straws, lids, and utensils as the best option for carryout bags, food service containers, straws, lids, and utensils and to post signs encouraging customers to use reusable bags and compostable food service containers, straws, lids, and utensils; and WHEREAS, the City Council finds and declares that to protect the City's unique environment and the health and welfare of its aquatic and avian life and its people, plastic single-use bags and non-compostable food service containers, straws, lids, and utensils must be regulated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE FOREST PARK, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Adoption Chapter 5.34 LFPMC. Chapter 5.34 of the Lake Forest Park Municipal Code, entitled RESTRICTING THE USE AND SALE OF SINGLE USE PLASTIC BAGS AND NON-COMPOSTABLE FOOD SERVICE CONTAINERS, STRAWS, LIDS, AND UTENSILS is hereby adopted to read as follows: Chapter 5.34 RESTRICTING THE USE AND SALE OF SINGLE-USE PLASTIC BAGS AND NON-COMPOSTABLE FOOD SERVICE CONTAINERS STRAWS, LIDS, AND UTENSILS Ordinance 1181 Page 2 of 9

3 Sections: Definitions Purpose Administration Prohibitions on disposable plastic carryout bags Types of Bags permitted at Retail Establishments Recyclable paper bag pass-through charge. straws, lids, and utensils Types of food containers, straws, lids, and utensils permitted at Retail Establishments Exceptions Extensions Violation and penalties Operative date Public information No conflict with federal or state laws Definitions. Whenever used in this chapter, unless the context otherwise requires: A. "ASTM Standard" means the American society for Testing and Materials (ASTM) International Standard. B. "Carryout Bag" means a bag that is provided by a Retail Establishment at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment. Carryout Bags do not include: 1. Bags without handles provided solely for produce, bulk food, fish or meat at a produce, bulk food, fish or meat department within a grocery store or supermarket, a produce, fish or meat market, farmer's market or other similar Retail Establishment; 2. Bags used by customers inside stores to package bulk items such as fruit, vegetables, nuts, grains, candy, greeting cards, or small hardware items, such as nails and bolts; or 3. Bags provided to contain or wrap flowers or potted plants, or other items where dampness may be a problem; or to contain prescription drugs; laundry-dry cleaning bags, newspaper bags, or 4. Bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags. Ordinance 1181 Page 3 of 9

4 C. "Compostable" means a plant-based or plastic item that meets the Biodegradable Product lnstitute's standard "designed to disintegrate and biodegrade quickly and safely, when composted in a professionally managed facility", as defined in Compostability Standard ASTM and Biodegradability Standard ASTM "Food provider" means any entity or person providing prepared food for consumption on or off its premises, operating within the City, including any shop, sales outlet, restaurant, bar > pub, coffee shop, cafeteria, caterer, convenience store, liquor store, grocery store, supermarket, eat~ onvenien ee store, liqttor store, delicatessen, food truck, catering vehicle or cart, or roadside stand. E. "Food service container" means all plates, trays, cups, lids, bowls, cartons, and hinged or lidded containers (clamshells) on or in which any foods or beverages are placed or packaged or intended to be placed or packaged and designed for onetime use. "") 5 <::.,t-\ ~'<'.U '" ~ G--<o<:S l~/14/j..ol ~ F. "Pass-through charge" means a charge to be collected by retailers from their customers when providing recyclable paper bags, and retained by retailers to offset the cost of bags and other costs related to the pass-through charge. G. "Prepared food" means any food or beverage prepared for consumption using any cooking, packaging, or food preparation technique, including chopping, slicing, mixing, brewing, freezing, or squeezing, or otherwise prepared for consumption. H. "Recyclable" means used or waste materials that can be treated or processed to be made suitable for reuse, whether in their original form or with minimal alterations. For the purposes of this chapter, recyclable materials do not include polystyrene. I. "Recyclable Paper Bag" or "Recyclable Paper Carryout Bag" means a paper bag that meets all of the following requirements: (1) contains no old growth fiber; (2) is 100% recyclable overall and contains a minimum of 40% postconsumer recycled content; and (3) displays the word "Recyclable" on the outside of the bag. J. "Retail Establishment" means any commercial business facility engaged in the sale of goods to consumers for ultimate consumption. Ordinance 1181 Page 4 of 9

5 K. "Reusable Bag" means a bag with handles that is specifically designed and manufactured for at least 125 uses and is capable of carrying 22 pounds 175 feet, and is (1) made of cloth or other machine washable fabric; (2) made of durable plastic that is at least 2.25 mils thick; or (3) made from a material that can be cleaned and disinfected. L. "Single-use plastic carryout bag" means any carryout bag made from plastic that is neither intended nor suitable for continuous reuse as a carryout bag or that is less than 2.25 mils thick, unless that bag meets the qualifications for a compostable bag Purpose. The purpose of this chapter is to promote public health, reduce litter, and limit harmful materials entering the environment by the regulation and limiting of the use of singleuse plastic carryout bags and non-compostable food packaging, straws, lids, and utensils; and to encourage the use of environmentally preferred alternatives, such as containers, straws, lids, and utensils made from compostable materials Administration. A. The Mayor, or his or her designee, shall administer this chapter and adopt administrative rules within four months from the date of adoption of this ordinance. B. Upon the approval of an extension in Section LFPMC, the Mayor, or his or her designee, shall remit to the City Council a copy of the approved application Prohibition on disposable plastic carryout bags. No Retail Establishment in the City, or any of its employees, agents, managers or owners, shall provide a single-use plastic carryout bag to any customer Types of Bags permitted at Retail Establishments. A. All Retail Establishments within the City of Lake Forest Park shall provide only the following as Carryout Bags to customers: Reusable Bags or Compostable Bags. B. Nothing in this chapter shall be read to preclude Retail Ordinance 1181 Page 5 of 9

6 Establishments from making Reusable Bags or Compostable Bags available for sale to customers or from giving them out free of charge. C. Recyclable Paper Bags must meet the definition of Compostable to be provided by Retail Establishments and are subject to the pass-through charge in Section Recyclable paper bag pass-through charge. A. Retail Establishments may provide a customer a Recyclable Paper Bag upon request but shall charge the customer a reasonable pass-through charge of not less than 10 (ten) cents per bag provided. B. All Retail Establishments shall indicate on the customer transaction receipt the number of recyclable paper carryout bags provided and the amount of the pass-through charge. C. Prior to the effective date of this ordinance, Retail Establishments may voluntarily implement the restrictions on carryout bags allowed, as described herein, and may concurrently implement a pass-through charge. D. Notwithstanding the requirements in Section (a), nothing in this ordinance shall restrict Retail Establishments from providing a discount to customers who use reusable bags Prohibitions on non-compostable food service containers, straws, lids, and utensils Except as provided in Section of this chapter: A. Food providers shall not sell, use, provide, or offer the use of non-compostable food service containers, straws, lids, and utensils. B. The City shall not provide or use non-compostable food service containers, straws, lids, and utensils at any City facility or City-sponsored event. No City department or facility shall purchase or acquire non-compostable food service containers, straws, lids, and utensils. All parties who contract with the City shall be prohibited from using non-compostable food service containers, straws, lids, and utensils in City facilities or on City-funded projects within the City. Ordinance 1181 Page 6 of 9

7 Types of food containers, straws, lids, and utensils Permitted at Retail Establishments. All Retail Establishments shall only provide food service containers, straws, lids, and utensils that are plant-based or compostable plastic defined in Compostability Standard ASTM and Biodegradability Standard ASTM Exceptions. This chapter shall not apply to the following: A. Non-compostable food service containers for foods prepared and packaged entirely outside of the City but sold within the City. B. Disposable flexible plastic drinking straws when needed by customers due to medical or physical conditions and for whom flexible compostable paper straws are unsuitable. Otherwise, straws must be compostable or designed to be reusable Extensions. The Mayor, or his or her designee, may extend the deadline for a Retail Establishment to comply with the requirements of this chapter for a period of up to one year after the operative date of this chapter, upon sufficient showing by the applicant that the provisions of this chapter would cause undue hardship. This request must be submitted in writing to the City within 30 days of the effective date of this chapter Violation and penalties. A. Violations of this chapter may be enforced using the procedures set forth for civil infractions in Chapter 1.25 LFPMC. Liability for violations of this chapter shall be the responsibility of the owner of the Retail Establishment. B. The remedies and penalties provided in this chapter are cumulative and not exclusive. C. It shall be a violation of this chapter for any Retail Establishment to penalize, discipline, or discriminate against any employee for performing any duty necessary to comply with this ordinance. Ordinance 1181 Page 7 of 9

8 Operative Date. ~f~"o~d3 1 ~o\<g All Retail Establishments shall comply with the requirements of this chapter within 4 months followingahe effective date of this chapter,.which is January 23, The purpose of this 4-month implementation period is to: (1) allow time for affected retailers to prepare for and adapt to the provisions of this chapter; (2) allow time for the educational program to take effect and encourage the use of reusable bags and compostable food containers; and (3) enable the City Council to work with members of the community and affected parties to evaluate alternatives or modifications needed to address issues regarding provisions or implementation of this chapter. SC-< :~"'-~<"\ G- -rq'\"s t;)...}\y/~01g Public Awareness. Restrictions in this chapter on the use of plastic single-use bags and non-compostable food service containers, straws, lids, and utensils shall be set forth on all application for permits relating to City facilities, City-managed concessions, Citysponsored or City-permitted events, or City programs No conflict with federal or state laws. Nothing in this chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law. Section 2. Corrections. The City Clerk is authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener's/clerical errors, references, Ordinance numbering, section/subsection numbers and any references thereto. Section 3. Severability. Should any portion of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 4. Effective Date. This Ordinance shall take effect five (5) days after passage and publication. Ordinance 1181 Page 8 of 9

9 PASSED BY A MAJORITY of the Lake Forest Park City Council this 13th day of September, ATTEST/AUTHENTICATED: ~ City Clerk APPROVED AS TO FORM: Kim Adams Pratt City Attorney Introduced: May Adopted : September Posted: September 18, 2018 Published: September Effective: September 23, 2018 Ordinance 1181 Page 9 of 9