HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/16/2021 - SECOND READING OF ORDINANCE NO. 026, 2021, AMENDIN Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY February 16, 2021
City Council
STAFF
Molly Saylor, Senior Sustainability Specialist
Judy Schmidt, Legal
SUBJECT
Second Reading of Ordinance No. 026, 2021, Amending Chapter 12 of the Code of the City of Fort Co llins to
Establish Regulations Regarding Disposable Bags and Mitigation of Other Sources of Single Use Plastic
Pollution.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading by a vote of 5 -2 (Nays: Troxell, Summers), regulates the distribution
of disposable bags and future mitigation of other sources of single -use plastic pollution (the “Disposable Bag
Ordinance”). Changes to the Ordinance made by Council on First Reading are included in the Ordinance
attached for Second Reading.
In addition to the changes made by Council to the Ordinance on First Reading, the following changes to the
Ordinance have been made since first reading to improve clarity:
• Section 12-301 Definitions: The definition of “large grocer” has been changed to refer to “at least four of
the following typical grocery departments:” instead of “all of the majority of the following typical grocery
departments:”
• Section 12-301 Definitions: The definition of “waste reduction program” has been changed to include as
part of subpart 7, added during first reading deliberations, the highlighted clarification as follows: “providing
assistance to members of the public in need of assistance to access and use reusable bags and to enable
and facilitate knowledge about and participation in waste reduction programs and strategies”.
The Disposable Bag Ordinance:
• Prohibits distribution of disposable plastic bags by large grocers to customers at point-of sale and imposes
a $0.12 fee on disposable paper bags distributed by large grocers to custome rs at point-of sale;
• Allocates the $0.12 fee equally between the vendor and the City, with the City’s share of the fee being
committed to support the City’s plastic pollution mitigation and solid waste and litter reduction program (the
“Waste Reduction Program”) as defined, and the vendor share being committed to pay the vendor’s cost to
implement the disposable bag fee program and encourage customer use of disposable bags;
• Includes an exemption from the bag fee for low-income customers; and
• Expressly reserve’s Council authority and states Council’s intent to make future modifications to address
stakeholder input or unforeseen circumstances, regulate single -use plastic items in addition to disposable
plastic bags, and extend regulations to other vendors in the City.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading
Agenda Item 12
Item # 12 Page 2
BACKGROUND / DISCUSSION
Since First Reading of Ordinance No. 026, 2021, the following two potential modifications have also been
discussed:
1. Eliminate Section 12-307(b) – Reservation of Right to Modify the Ordinance
• Because Council is adopting the Ordinance and then referring it to the voters, Council has the right
under the City Charter to later repeal or modify the Ordinance in its discretion even without the
inclusion of the express reservation language in Section 12-307(b) (unlike an ordinance initiated by
citizen petition, which cannot be modified without a subsequent vote by the voters);
• The language in Section 12-307(b) was included because it was expressly called for in Resolution
2020-118 adopted by Council on December 15, 2020 directing development of the Ordinance.
• Some concern has been expressed that inclusion of the language in Section 12 -307(b) is unnecessary
and may be confusing to the voters.
Bottom Line: If Council prefers to eliminate the language in Section 12-307(b), it can do so by way of a
motion to amend the Ordinance to delete in Section 12-307(b).
2. Add to the Ordinance a Contingency for Elimination of the Preemption Issue Under Stat e Law
• Current state law (CRS 25-17-104) prohibits local governments from requiring or prohibiting the use of
specific plastic materials or products or restrict or mandate containers, packaging, or labeling for any
consumer products.
• Several Colorado communities have banned single use plastic bags without challenge and have
apparently determined in connection with such adoption that this statute does not limit such action.
Bottom Line: If Council prefers to make the requirements in the Ordinance contingen t on a favorable
Court decision or the repeal or revision of the statutory language eliminating the preemption on local bans
or regulations of plastic bags, it can do so by way of a motion to amend the Ordinance to add a new
Section 4, as follows:
Section 4. The requirements of this Ordinance shall not be effective unless and until ninety
(90) days after either: (1) a final Colorado appellate court decision concluding that Colorado
Revised Statutes Section 25-17-104 (“Section 104”) does not prohibit or preempt the terms of
this Ordinance related to plastic bags, or (2) the Colorado General Assembly effectively repeals
Section 104, or amends Section 104 or enacts one or more other statutory provisions so as to
affirmatively empower home-rule cities to ban plastic bags.
ATTACHMENTS
1. First Reading Agenda Item Summary, February 2, 2021 (w/o attachments) (PDF)
Agenda Item 13
Item # 13 Page 1
AGENDA ITEM SUMMARY February 2, 2021
City Council
STAFF
Molly Saylor, Senior Sustainability Specialist
Judy Schmidt, Legal
SUBJECT
Items Related to Regulation of Disposable Bags and Mitigation of Other Sources of Single Use Plastic
Pollution.
EXECUTIVE SUMMARY
A. First Reading of Ordinance No. 026, 2021, Amending Chapter 12 of the Code of the City of Fort Collins to
Establish Regulations Regarding Disposable Bags and Mitigation of Other Sources of Single Use Plastic
Pollution.
B. First Reading of Ordinance No. 027, 2021, Approving and Appropriating an Off-Cycle Funding Request,
Contingent on the Outcome of the April 2021 Election, to Support Initial Implementation of Ordinance No.
026, 2021, Establishing Regulations Regarding Disposable Bags.
The purpose of this item is to consider adoption of an Ordinance regulating the distribution of disposable bags
and future mitigation of other sources of single-use plastic pollution (the “Disposable Bag Ordinance”) and
Ordinance No. 027, 2021, making an appropriation to support implementation of the Disposable Bag Ordinance
with outreach and engagement and provision of free reusable bags to the community (the “Appropriation
Ordinance”).
The Disposable Bag Ordinance:
Prohibits distribution of disposable plastic bags by large grocers to customers at point-of sale and imposes
a $0.12 fee on disposable paper bags distributed by large grocers to customers at point-of sale;
Allocates the $0.12 fee equally between the vendor and the City, with the City’s share of the fee being
committed to support the City’s plastic pollution mitigation and solid waste and litter reduction program (the
“Waste Reduction Program”) as defined, and the vendor share being committed to pay the vendor’s cost to
implement the disposable bag fee program and encourage customer use of disposable bags;
Includes an exemption from the bag fee for low-income customers; and
Expressly reserve’s Council authority and states Council’s intent to make future modifications to address
stakeholder input or unforeseen circumstances, regulate single-use plastic items in addition to disposable
plastic bags, and extend regulations to other vendors in the City.
The Appropriation Ordinance provides $87,500 in funding to support initial 2021 roll-out of the Disposable Bag
Ordinance and the Waste Reduction Program, including outreach and engagement and making free bags
available to the community.
A resolution referring Ordinance No. 026, 2021, to the voters at the April 2021 regular municipal election will be
presented for consideration at the time of consideration of second reading of Ordinance No. 026, 2021.
Agenda Item 13
Item # 13 Page 2
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinances on First Reading.
BACKGROUND / DISCUSSION
Reducing Plastics Pollution is an adopted Council Priority, which aligns with the community’s goal to sustain and
improve the health of the Cache la Poudre River and watershed and its Road to Zero Waste goal to produce
zero waste by 2030.
Past Council Action
Work Sessions
o February 11, 2020 - During this work session, staff provided plastic pollution context and learnings from
peer communities. Council provided direction for action both on micro and macro pollution.
o October 27, 2020 - During this work session, staff provided a progress update on plastic pollution
awareness work, including impacts of COVID-19 on plastic use, policy development and community
engagement, and a staff recommendation. Councilmembers indicated interest in moving plastic bag
policy to a ballot measure.
o December 8, 2020 - During this work session, staff provided Council a suite of policy options for a plastic
pollution ordinance and related ballot measure. Council provided feedback on these policy elements and
other logistics as outlined below.
o January 12, 2021 - During this work session, staff shared a draft bag ordinance with Council and
Councilmembers provided feedback on outstanding policy details, including fee amount and structure,
income-qualified relief. Staff also recommended funding for a 2021 ordinance roll out and engagement.
(Attachment 1)
<https://citydocs.fcgov.com/?cmd=convert&vid=72&docid=3515966&dt=AGENDA+ITEM&doc_downlo
ad_date=JAN-12-2021&ITEM_NUMBER=01>
Regular Meeting
o December 15, 2020 - Councilmembers adopted Resolution 2020-118 directing staff to draft an ordinance
for Council to discuss at the work session on January 12, 2021.
A. OVERVIEW OF DISPOSABLE BAG ORDINANCE
The Disposable Bag Ordinance includes the following key details as specified by Council in Resolution 2020-
118 adopted on December 15, 2020, and in the January 12, 2021 work session including:
Policy: Hybrid approach, applying to large grocers starting May 1, 2022, the Ordinance bans disposable
plastic bags and put a 12-cent fee on each disposable paper bag.
Fee structure:
o Large grocers will retain 50% of the fee to be used in accordance with a fee revenue plan created in
conjunction with City staff.
o The City will retain 50% of the fee revenue to cover costs of a new Waste Reduction Program.
Program and program costs: The Disposable Bag Ordinance creates a new Waste Reduction Program
that includes plastic pollution mitigation and solid waste and litter reduction activities carried out by the City.
Fee revenue will be applied to the costs of this Program. (Attachment 2)
Agenda Item 13
Item # 13 Page 3
Income-qualified exemption: Benefit recipients of an income-qualified Federal, State, and County
assistance program, including SNAP and WIC, who present a benefit card at time of purchase, will be
exempted from the disposable bag fee.
Income-Qualified Relief
Residents who participate in federal, state or county income qualified assistance programs including WIC and
SNAP and provide benefit cards at the point of sale would be exempt from the disposable bag fee. (Attachment
3) Additional relief includes:
The City will prioritize reusable bag distribution to recipients of WIC and SNAP as well as those enrolled in
other income-qualified programs, including City programs.
New suggestion for creative approach - Staff proposes to explore using City or vendor share of the
disposable bag fee revenue to supply a fixed number of discretionary “be our guest” reusable bags to support
customers who experience barriers but are not covered by the exemption.
Survey Responses And Comments To Date
A final round of survey data, comments, and demographics will be shared as a read-before memo prior to first
reading to give the community as much time as possible to provide feedback. (Attachment 4)
Future Steps Towards A Comprehensive Approach
Once the major impacts of COVID have subsided, an anticipated six to nine months of engagement and work
with the community would likely be required (to allow time for equitable engagement early in the process) before
bringing additional single use plastic reduction options for Council feedback. At that time, Council could consider
such measures as separate but related policy efforts to the bag policy being considered and put to the voters.
B. OVERVIEW OF 2021 FUNDING ORDINANCE
Contingent upon the outcome of the April election, the Appropriation Ordinance provides $87,500 to support
successful roll-out of the Disposable Bag Ordinance in 2021 including outreach and engagement and to provide
free bags to the community. (Attachment 5)
Next Steps
Pending Council’s vote on the Disposable Bag and Appropriation Ordinances presented for first reading, staff
anticipates the following next steps:
Second Reading of the Disposable Bag Ordinance and the Appropriation Ordinance; and
Council consideration of a resolution to refer the Disposable Bag Ordinance to a vote of the City’s electors.
Note: At this point, Environmental Services staff will no longer conduct any engagement on the issue in
accordance with the Fair Campaign Practices Act. The City Clerk’s office manages the logistics of the ballot
process.
PUBLIC OUTREACH
A survey on the proposed Disposable Bag Ordinance has been posted and advertised since mid-December.
(Attachment 4)
Agenda Item 13
Item # 13 Page 4
ATTACHMENTS
1. Work Session Summary (PDF)
2. Disposable Bag Fee Study (PDF)
3. Income Qualified Relief (PDF)
4. Survey Dissemination (PDF)
5. Single Use Bag Policy Implementation Resourcing (PDF)
6. Powerpoint Presentation (PDF)
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ORDINANCE NO. 026, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS TO
ESTABLISH REGULATIONS REGARDING DISPOSABLE BAGS AND
MITIGATION OF OTHER SOURCES OF SINGLE USE PLASTIC POLLUTION
WHEREAS, on March 3, 2015, City Council adopted Resolution 2015-030, updating
community greenhouse gas goals and targets to be achieved by 2020, 2030, and 2050; and
WHEREAS, staff has developed an implementation plan based on the accelerated goals
of the Climate Action Plan (“CAP”) and has identified several initiatives for immediate action
and investment based on guidance provided by the City Council; and
WHEREAS, City Council has also identified plastics pollution as a priority concern,
which aligns with the CAP goals of reducing greenhouse gasses and with the community’s Road
to Zero Waste goal to produce zero waste by 2030 and the City’s strategic objective to sustain
and improve the health of the Cache la Poudre River and all watersheds within the city; and
WHEREAS, because plastic makes up about 10% of waste landfilled as “municipal solid
waste”, mitigating plastic pollution will be a necessary component of achieving the City’s goal
of producing zero waste by 2030; and
WHEREAS, the use of plastic or paper disposable bags also has other significant impacts
on the environment on a local and global scale, including greenhouse gas emissions, litter, harm
to wildlife, atmospheric acidification, and water consumption, in addition to solid waste
generation; and
WHEREAS, plastic disposable bags must be separately recycled and when incorrectly
included in other recycling streams cause operational problems at recycling processing facilities;
and
WHEREAS, although disposable paper bags may have a lesser impact on waterways and
wildlife than disposable plastic bags, they have higher greenhouse gas emissions and water
impacts throughout their lifecycle; and
WHEREAS, Fort Collins consumers use approximately fifty (50) million disposable bags
from large grocers each year; and
WHEREAS, Fort Collins taxpayers bear the costs associated with the effects of
disposable bags on the solid waste stream, greenhouse gas emissions, the Cache la Poudre
watershed, litter, and other adverse impacts to their environment; and
WHEREAS, City Council has discussed various options for mitigating single-use plastic
pollution, including disposable plastic and paper bags, while continuing to study microplastic
pollution, at four Council Work Sessions on February 11, 2020, October 27, 2020, December 8,
2020, and January 12, 2021; and
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WHEREAS, by adoption of Resolution 2020-118 on December 15, 2020, City Council
directed development of an ordinance regulating the use of disposable bags and recognizing that
further regulation of single-use plastics may be adopted by future Council action; and
WHEREAS, City Council desires to adopt this ordinance to protect the public health,
safety and welfare, to maintain and improve the health of the Cache la Poudre watershed and to
further the City's Climate Action Plan and Road to Zero Waste, all of which serve the best
interests of the residents of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS AS FOLLOWS:
Section 1. That the foregoing recitals are hereby incorporated herein as findings of
the City Council.
Section 2. That Chapter 12 of the Code of the City of Fort Collins is hereby amended
by the addition of a new Article XIII which shall read in its entirety as follows:
ARTICLE XIII
REGULATION OF DISPOSABLE BAGS AND MITIGATION OF
OTHER SOURCES OF SINGLE USE PLASTIC POLLUTION
Sec. 12-300. Scope and purpose.
The purpose of this Article is to protect the public health, safety and welfare, to maintain and
improve the health of the Cache la Poudre watershed and to further the City's Climate Action
Plan and Road to Zero Waste, all of which serve the best interests of the residents of Fort
Collins. The provisions of this Article shall be effective beginning May 1, 2022.
Sec. 12-301. Definitions.
The following terms used in this Chapter shall have the meanings ascribed to them below unless
the context clearly indicates otherwise:
Disposable bag shall mean a bag, other than a reusable bag, provided to a customer at a checkout
stand, cash register, point of sale, or other point of departure by any retail establishment for the
purpose of transporting and carrying away items purchased at the store. A disposable bag may
be made primarily of paper (a disposable paper bag) or plastic (a disposable plastic bag) or other
material that does not meet the standards for a reusable bag. Disposable bag shall not include:
(1) bags used by consumers inside the store, before the point of sale, to:
a. package bulk items, such as fruit, vegetables, nuts, grains, candy or small
hardware items;
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b. contain or wrap frozen foods, meat, or fish;
c. contain or wrap flowers, potted plants, or other items where dampness
may be a problem; or
d. contain unwrapped prepared foods or bakery goods.
(2) bags used to protect a purchased item from damaging or contaminating other
items when placed in a reusable bag;
(3) bags provided by pharmacists to contain prescription drugs; or
(4) newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in
packages containing multiple bags for uses such as food storage, garbage, pet waste, or
yard waste.
Disposable bag fee shall mean a fee collected pursuant to the provisions of this Article upon each
disposable paper bag provided to and used by customers to transport goods from the store. The
amount of the disposable bag fee shall be twelve cents ($0.12) per bag.
Large grocer shall mean a retail business within the city limits that is located in a permanent
building containing at least ten thousand (10,000) square feet of retail space, which operates
year-round offering for sale all or the majorityat least four of the following typical grocery
departments: staple foodstuffs, meats, produce, dairy products, frozen foods or other perishable
items primarily for human consumption. Large grocer shall not include:
(1) temporary vending establishments for fruits, vegetables, packaged meats, and
dairy; or
(2) vendors at farmers' markets or other temporary events.
Reusable bag shall mean a bag that is:
(1) designed and manufactured to withstand repeated uses over a period of time and
have a minimum lifetime of one hundred twenty-five (125) uses;
(2) made from a material that can withstand regular machine washing;
(3) if made from plastic material, not made of plastic film where thickness is
measured in mils;
(4) designed with the capability to carry minimum of twenty-two (22) pounds over
one hundred seventy-five (175) feet.
Vendor share shall mean six cents ($0.06) of the disposable bag fee.
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Waste reduction program shall mean a plastic pollution mitigation and solid waste and litter
reduction program carried out by the City, which may include, without limitation:
(1) the administration and operation of the Waste Reduction Program and
administration activities to collect all disposable bag fees;
(2) activities and campaigns conducted by the City (or a contracted vendor) to
provide reusable bags to residents and visitors, educate residents, businesses and visitors
about the impact of disposable bags, trash, single-use plastics and other waste on the
waterways and environment and on the health and welfare of its residents and visitors,
the importance of reducing the number of disposable bags entering the waste stream and
to raise awareness about waste reduction and recycling;
(3) community clean-up events, City activities, and other community-led activities to
reduce or mitigate solid waste and litter;
(4) programs and infrastructure to facilitate and encourage the community to reduce
waste and recycle, including community-led efforts;
(5) creating, expanding, and maintaining equitable outreach and engagement
strategies, including a public website to educate residents on the progress of waste
reduction efforts;
(6) other activities directly related to the reduction of waste from disposable bags,
trash, single-use plastics and other waste and its impact on the waterways and
environment within the city and the Cache la Poudre watershed;
(7) providing assistance to members of the public in need of assistance to access and
use reusable bags and to enable and facilitate knowledge about and participation in waste
reduction programs and strategies; and
(8) funding or providing other support for programs and activities conducted by
others in furtherance of these purposes.
Sec. 12-302. Prohibitions.
(a) No large grocer shall provide a disposable plastic bag to a customer at the point of sale.
(b) No large grocer shall provide a disposable paper bag to a customer at the point of sale
unless such bag is made of at least forty percent (40%) post-consumer paper material that is one
hundred percent (100%) recyclable and designed to carry purchases out of stores.
(c) Nothing in this Article XIII shall prohibit a large grocer from making reusable bags
available for sale or for no cost to customers.
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Sec. 12-303. Disposable bag fee requirements.
(a) For each disposable paper bag a large grocer provides to a customer, the large grocer
shall collect from the customer, and the customer shall pay, at the time of purchase, the
disposable bag fee.
(b) All large grocers shall record on the customer transaction receipt the number of
disposable paper bags provided to each customer and the total amount collected from such
customer for the disposable bag fee.
(c) No large grocer may provide a rebate or in any way reimburse a customer for any part of
the disposable bag fee.
(d) No large grocer may exempt any customer from any part of the disposable bag fee for
any reason except as stated in § 12- 305.
(e) The vendor share of all disposable paper bag fees collected by a large grocer may be
retained by the large grocer and used in accordance with this subsection (e). Each large grocer
must create a plan for its use of the vendor share to implement the disposable bag fee program
and encourage customer use of disposable bags, which plan shall be approved by the City prior
to expenditure of the vendor share.
A plan for use of the vendor share shall be submitted for City approval for each calendar year
from 2022 through 2025, inclusive, and for each 4-calendar year calendar period thereafter. An
approved plan may be amended with the approval of the City. Each large grocer must use its
vendor share of disposable paper bag fees collected to implement and administer its approved
plan. An approved plan may include, but is not limited to, reimbursement of expenses for
signage, staff training, and support for customers in advance of the initiation of the disposable
bag fee, as well as ongoing expenses for compliance and promotion of the use of reusable bags.
No penalties or fines assessed for noncompliance may be paid using disposable bag fee revenues.
(f) Each large grocer shall annually report the number and type of disposable and reusable
bags it furnishes, the amount of disposable bag fee revenue collected, the number of reusable
bags sold, and any other elements of the approved plan for use of its vendor share. The City
Manager shall designate, from time to time, the form and timing of the annual report due under
this subsection.
(g) Nothing in this Article shall prohibit large grocers from providing incentives for the use
of reusable bags through credits or rebates for customers who bring their own bags to the point
of sale for the purpose of carrying away goods.
(h) Nothing in this Article shall prohibit customers from using bags of any type that they
bring into the store themselves or from carrying away goods that are not placed in a bag.
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Sec. 12-304. Payment to and administration of the disposable bag fee by the City.
(a) All disposable paper bag fees collected in excess of the vendor share shall be paid by the
large grocer to the City of Fort Collins Finance Department and used for the operation and
administration of the waste reduction program.
(b) The City Manager shall administer the disposable bag fee and adopt (and may amend,
from time to time) the waste reduction plan consistent with the scope and purpose set forth in §
12-301 and the parameters of the definition set forth in § 12-302 above.
(c) The City Manager may adopt administrative rules and regulations to implement the
provisions of this Article.
(d) The City Manager and City Council may suspend the collection and payment of
disposable bag fees and other regulations set forth in or adopted pursuant to this Article as
deemed necessary due to public health emergencies or other unforeseen circumstances.
Sec. 12-305. Exemptions – low income relief.
A large grocer may provide a disposable paper bag to a customer at no charge if the customer
presents, at the time of purchase, a benefit card reflecting participation in a federal, state, county
or City income-qualified aid program, including but not limited to benefits delivered via
Electronic Benefits Transfer (EBT) such as the federal Supplemental Nutrition Assistant
Program (SNAP) or Supplemental Nutrition Program for Women, Infants and Children (WIC),
or such other indicia of need as determined by the City Manager from time to time.
Sec. 12-306. Recordkeeping and audits.
(a) Each large grocer shall maintain accurate and complete records of the disposable bag fees
collected under the provisions of this Article and the number of disposable bags provided to
customers, and shall also maintain such books, accounts, invoices, or other documentation
necessary to verify the accuracy and completeness of such records. It shall be the duty of each
large grocer to keep and preserve all such documents and records, including any electronic
information, for a period of three (3) years from the end of the calendar year in which the
documents or records were generated. In the event of an audit, investigation or other
enforcement action, records and documents must be retained until three (3) years after notice of
completion or resolution of such audit, investigation or enforcement action.
(b) If requested, each large grocer shall make the foregoing records available for inspection
and audit by the City during regular business hours so that the City may verify compliance with
the provisions of this Article. To the extent permitted by law, all such records shall be treated as
confidential commercial information.
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Sec. 12-307. Reporting; modifications.
(a) The City Manager shall provide to the City Council an annual report on implementation
and status of the matters described in this Article after the end of 2022 and each calendar year
thereafter, which shall address:
(1) equity impacts;
(2) compliance and outcomes including performance metrics related to number and
type of bags distributed; and
(3) presence of single-use plastic bags in the environment as a percentage of litter
removed from sensitive areas such as Natural Areas and the Poudre River; and
(4) Other relevant and complementary metrics consistent with the scope and purpose
of this Article as recommended by City staff.
(b) Without limitation, City Council reserves the authority and intends to evaluate and adjust,
whether by expanding, contracting or modifying, the requirements and provisions of this Article:
(1) based on stakeholder engagement or other unforeseen circumstances;
(2) to regulate single-use plastic items in addition to disposable bags; and
(3) to regulate the use of such items by vendors in the city in addition to large
grocers.
Sec. 12-308. Violations and penalties.
Any person who violates any provision of this Article, whether by acting in a manner declared to
be unlawful or by failing to act as required, commits a civil infraction and shall be subject to the
penalty provisions of City Code subsection 1-15(f).
Section 3. If any section, subsection, sentence, clause or phrase of this Ordinance is
for any reason held invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portions of this article or
chapter.
Section 4. This Ordinance is necessary to protect the public health, safety, and
welfare of the residents of the city and covers matters of local concern.
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Introduced, considered favorably on first reading, and ordered published this 2nd day of
February, A.D. 2021, and to be presented for final passage on the 16th day of February, A.D.
2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 16th day of February, A.D. 2021.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk