ANCHORAGE, ALASKA AO No
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1 Submitted by: ASSEMBLY MEMBER TRAINI, Assembly Member Constant, and Assembly Member LaFrance Prepared by: Assembly Counsel For reading: July, 0 ANCHORAGE, ALASKA AO No AN ORDINANCE OF THE ANCHORAGE ASSEMBLY AMENDING THE ANCHORAGE MUNICIPAL CODE TO ADD A NEW CHAPTER TO PROHIBIT CERTAIN RETAIL SELLERS FROM DISTRIBUTING DISPOSABLE PLASTIC SHOPPING BAGS AND PROVIDING FOR CIVIL FINES. WHEREAS, the use of single-use disposable plastic shopping bags in the Municipality of Anchorage burdens the environment, endangers wildlife, and has been shown to be harmful to bodies of water and problematic for solid waste management; WHEREAS, plastic bags are toxic, take hundreds of years to decompose or degrade, easily escape from consumers, trash containers, garbage trucks, and landfills, and contaminate Anchorage s natural environment and scenery where land mammals, fish, seabirds, and marine animals eat or become entangled in them; WHEREAS, to decrease the use of disposable plastic shopping bags in Anchorage, it is necessary and reasonable to restrict and mitigate such use; and WHEREAS, it is in the best interest of the health, safety and welfare of all residents and visitors to restrict the use of single-use disposable plastic shopping bags; now, therefore, THE ANCHORAGE ASSEMBLY ORDAINS: Section. Title of the Anchorage Municipal Code, Environmental Protection, is hereby amended with a new chapter. to read as follows: Chapter. DISPOSABLE PLASTIC SHOPPING BAGS. Sections:..0 Definitions...00 Prohibition on providing or distributing disposable plastic shopping bags; exceptions...00 Penalties and remedies...0 Definitions. Disposable plastic shopping bag means a bag made exclusively or partially of plastic (including plastics marked or labeled as biodegradable or compostable ) and that is less than mils thick, that is designed to carry customer purchases from the retail seller s premises;
2 AO regarding ban on plastic bags Page of Retail seller means a retail or commercial business facility located within the municipality, including but not limited to markets, grocery stores, convenience stores, pharmacies, drug stores, retail stores, restaurants, or similar establishment that a. Is located in a permanent building; and b. Sells goods or prepared food to directly to consumers, such as household supplies, perishable items, or food merchandise, including meat, produce, dairy products, or snack foods. Reusable bag means a bag that a. Is designed and manufactured to withstand repeated use over time; b. Is made from cloth, other machine washable fabric, or is made from material that can be cleaned and disinfected regularly, and has handles; c. If made from plastic, must be at least mils thick; and d. Has a minimum lifetime of uses...00 Prohibition on providing or distributing disposable plastic shopping bags; exceptions. A. On or after January, 0, except as provided in this section:. A retail seller shall not provide a disposable plastic shopping bag to a purchaser to carry away or protect goods purchased from, or serviced by, the retail seller; and. No person shall distribute disposable plastic shopping bags at any municipal facility or any event held on municipal property. B. Exceptions. The prohibition established in this section does not apply to a plastic bag that is. Used by customers inside stores to contain a product that does not have other packaging, including bulk grains, fruit, nuts, vegetables, meat, candy, bakery goods, prepared foods, other food products or small hardware items;. Used to contain dampness or leaks from items such as frozen foods, meat or fish;. Used only to contain ice;. Used only to contain or wrap flowers or potted plants;
3 AO regarding ban on plastic bags Page of Provided by a pharmacist for the sole purpose of containing prescription drugs;. Used only to package an unconsumed portion of a bottle of wine in compliance with AS 0..0;. Used only to contain a newspaper, laundry, or dry cleaning;. Sold in packages containing multiple bags intended for consumer use off the seller s premises, for such purposes as the collection and disposal of garbage, pet waste, or yard waste; or. A reusable bag...00 Penalties and remedies. Penalties and remedies for violation of this chapter are included in the penalty and remedies section in chapter.0 and the schedule of fines in section Section. Anchorage Municipal Code section.0.00 is hereby amended to read as follows (the remainder of the section is not affected and therefore not set out): Fine schedule. The fine schedule under this chapter is as follows: Code Section Offense Penalty / fine * * * * * * * * *..00A. Provide or distribute disposable plastic shopping bag First offense: warning. Second offense: $0/violation Third and subsequent offenses: $00/violation * * * * * * * * * (AO No. -(S-),, --; AO No. -,, --; AO No. -,, --; AO No. -,, --; AO No. -(S),, --; AO No. -,, --; AO No. -,, --; AO No. -(S),, --; AO No. -(S-), --; AO No. -(S-),, --; AO No. -(S-),, --; AO No. -(S),, --; AO No. - (S),, --; AO No. -,, --; AO No. -,, -- ; AO No. -(S),, --; AO No. -(S-),, --; AO No. -,, --; AO No. -(S), --; AO No. -(S),, - -; AO No. 000-,, --00; AO No. 000-(S),, --00; AO No. 000-(S),, --00; AO No. 000-(S),, --00; AO
4 AO regarding ban on plastic bags Page of No. 00-,, --0; AO No. 00-(S),, --0; AO No. 00-,, --0; AO No. 00-(S-),, --0; AO No. 00-,, -0-0; AO No. 00-,, -0-0; AO No. 00-,, --0; AO No. 00-,, --0; AO No. 00-S,, --0; AO No. 00-,, --0; AO No. 00-,, --0; AO No. 00-0(S-),, - -0; AO No. 00-,, --0; AO No. 00-,, --0; AO No. 00-(S),, --0; AO No. 00-(S),, --0; AO No. 00-(S-A),, --0; AO No. 00-,, --0; AO No. 00-,, --0; AO No. 00-0,, --0; AO No. 00-0,, --0; AO No. 00-0,, --0; AO No. 00-0,, --0; AO No. 00- (S),, --0; AO No. 00-,, --0; AO No. 00-,, -- 0; AO No. 00-0(S),, --0; AO No. 00-,, --0; AO No. 00-,, --0; AO-0-(S),, --; AO No. 0-,, --; AO No. 0-(S),, --; AO No. 0-,, -- ; AO No. 0-,, --; AO No. 0-(S),, --; AO No. 0-,, --, eff. --; AO No. 0-,, --; AO No. 0-,, --; AO No. 0-(S-),, --; AO No. 0-(S-),, --; AO No. 0-,, --; AO No. 0-,, --; AO No. 0-(S),, --; AO No. 0-(S),, --; AO No. 0-(S), 0, --; AO No. 0-,, -- ; AO No. 0-,, -- ; AO No. 0-,, -- ; AO No. 0-(S-),, -- ; AO No. 0-(S),, -- ; AO No. 0- (S),, -- ; AO No. 0-(S),, -- ; AO No. 0-(S),, -- ; AO No. 0-,, --; AO No. 0-,, -- ; AO No. 0-(S),, --; AO No. 0-(S),, -0- ; AO No. 0-,, --; AO No. 0-(S),, --; AO No. 0-0,, --; AO No. 0-(S),, --; AO No. 0- (S),, --; AO No. 0-,, --) Section. The Assembly hereby requests the Administration to provide for an outreach and education campaign to all affected retail sellers and their customers informing them of the prohibition on distributing disposable plastic shopping bags. Such a campaign may include providing signs for point of sale stations and storefronts, media buys and placements, and public service announcements. Section. This ordinance shall be effective immediately upon passage and approval. PASSED AND APPROVED by the Anchorage Assembly this day of, 0. Chair ATTEST: Municipal Clerk
5 MUNICIPALITY OF ANCHORAGE Assembly Memorandum No. AM 0-0 Meeting Date: July, From: Subject: ASSEMBLY MEMBER TRAINI AN ORDINANCE OF THE ANCHORAGE ASSEMBLY AMENDING THE ANCHORAGE MUNICIPAL CODE TO ADD A NEW CHAPTER TO PROHIBIT CERTAIN RETAIL SELLERS FROM DISTRIBUTING DISPOSABLE PLASTIC SHOPPING BAGS AND PROVIDING FOR CIVIL FINES. In recent years, there has been a growing movement by local governments to address the growing problem of disposable plastic shopping bags littering the environment, harming the environment, wildlife, and the economy. According to Plasticbaglaws.org, as of March 0 at least local bag ordinances have been adopted in states in the U.S. and Washington D.C. Alaska is at the forefront of this movement. Representative Andy Josephson sponsored HB in the recently concluded legislative session to impose a tencent tax on each plastic shopping bag given from a retailer to a purchaser. After vetting by two House committees, a third version of the bill emerged which changed into an almost complete ban on disposable plastic shopping bags instead of a tax. Although the bill failed to clear the House before the end of the legislative session, municipalities throughout the state have taken action on their own. Alaska legislative staff reported in March that communities in the state no longer allow plastic shopping bags, of them by formally adopted ordinances or resolutions. (Those include Wasilla, Tanana, Sitka, Koyuk, Kotlik, Kodiak, Galena, Fort Yukon, Hooper Bay, Emmonak, Cordova, and Bethel.) Most recently, the City of Soldotna adopted a ban on April, 0. In the Municipality of Anchorage, we must take our responsibility as stewards of the local environment and sustainability seriously. An important part of demonstrating that commitment is reducing the volume of disposable or single-use plastic shopping bags that litter and pollute our beautiful scenery, choke local wildlife, and contaminate the environment. Furthermore, ordinances similar to this one have successfully reduced the amount of plastic bag litter and consumers use of them by 0% or more in other cities in the United States. Because this is a significant change to everyone in our community, I m requesting the Administration commit to providing outreach and education to all retailers and communities in need. Ideally, all retail sellers shall post statements at all point of sale locations informing purchasers of the upcoming ban on disposable plastic
6 AM regarding disposable plastic bag ban Page of bags, and the timeline. Finally, the ban shall take full effect on January, 0, to provide adequate time for retailers to deplete current inventories of plastic shopping bags and implement plans for alternative options. I request your support for the ordinance. Prepared by: Assembly Counsel Respectfully submitted: Dick Traini, Assembly Member District, Midtown
ANCHORAGE, ALASKA AO No (S)
Submitted by: ASSEMBLY MEMBER TRAINI, Assembly Member Constant, and Assembly Member LaFrance. Prepared by: Assembly Counsel For reading: July, ANCHORAGE, ALASKA AO No. -(S) 0 0 AN ORDINANCE OF THE ANCHORAGE
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