ORDINANCE NO. 2038

An Ordinance Amending Title 8 (Health and Safety), Chapter 8.15 (Single-Use Plastic Carryout Bags), Section 8.15.040 (Retail Bag Regulations) of the Hood River Municipal Code to make minor adjustments to the City’s program prohibiting single-use plastic bags.

 The Hood River City Council adopts the following findings:
 WHEREAS, on January 9, 2017, the City Council adopted Ordinance 2030, which created a new chapter of the Hood River Municipal Code (HRMC) – HRMC chapter 8.15 (Single-use Plastic Carryout Bags) – that prohibited single-use plastic bags for most retail purposes within the City, required the use of paper bags with a certain amount of recycled  content, and required that retailers make available reusable bags for all customers; and

 WHEREAS, since adoption of Ordinance 2030, retailers throughout the City have implemented the new requirements and have provided the City Manager and City Council with feed-back as to what elements of the new program do not work, are impractical, or have unintended consequences, and they presented that information to the Council at its regular meeting on March 27, 2017; and

 WHEREAS, in response to this valuable information, the Council directed staff to formulate an amendment to HRMC chapter 8.15 to accomplish the following revisions to the program to prohibit single-use plastic bags:

• Eliminate the mandatory charge to customers for use of paper bags;
• Require only barrel craft paper bags to have certain minimum recycled content; and
• Eliminate the requirement that all retailers make available reusable tote bags.

 WHEREAS, the City Council considered these specific revisions to its single-use plastic bag ban program set forth in HRMC chapter 8.15 at its regular meeting on April 10, 2017, at which time the Council took public testimony on these proposed revisions.

 NOW THEREFORE, the City Council for the City of Hood River ordains as follows:

Section 1.  Incorporation of Recitals:  The foregoing recitals are adopted and incorporated herein by this reference and made a part hereof as findings in support of the regulations hereby adopted.

Section 2.  Amendment.  Title 8 (Health and Safety), Chapter 8.15 (Single-Use Plastic Carryout Bags), Section 8.15.040 (Retail Bag Regulations) of the Hood River Municipal Code is hereby amended to read as follows.  In all other respects, HRMC chapter 8.15 shall remain unchanged:
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8.15.040 - Retail Bag Regulations.

1. Prohibition on Single-use Plastic Carryout Bags.  Retail Establishments shall not provide or make available Single-use Plastic Carryout Bags or non-Recyclable Barrel Sized Paper Bags.

2. Requirements for paper bags.  When a Retail Establishment makes a Barrel Size Paper Bag available to a customer at the point of sale, the bag shall meet the definition of a Recyclable Paper Bag. 

3. Exceptions.  A Retail Establishment shall make available to customers who use a voucher issued under the Women, Infants and Children Program established in the Oregon Health Authority under ORS 409.600 a Reusable Bag or a Recyclable Paper Bag at no cost upon request at the point of sale.

Section 3.  Severability.  If any provision, paragraph, word, section, or article of this Ordinance or HRMC Chapter 8.15 is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and chapters shall not be affected and shall continue in full force and effect.

 READ FOR THE FIRST TIME April 10, 2017. 
 READ FOR THE SECOND TIME and adopted April 24, 2017.  This Ordinance shall take effect on the 31st day following the second reading.


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Paul Blackburn, Mayor

ATTEST:

     
Jennifer Gray, City Recorder APPROVED AS TO FORM:

     
Daniel Kearns, City Attorney