HomeMy WebLinkAboutOrd 1883ORDINANCE NO. 1883
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF BURLINGAME ADDING CHAPTER 8.12
TO THE BURLINGAME MUNICIPAL CODE
RESTRICTING THE USE OF SINGLE -USE CARRY -OUT BAGS AND
ENCOURAGING THE USE OF REUSABLE BAGS
The City Council of the City of Burlingame does ordain as follows:
Division L Factual background
WHEREAS, in January, 2012, the County of San Mateo proposed that cities
within the region adopt a model ordinance regulating single -use carry -out bags, further
offering to enforce the ordinance on behalf of any city that chose to adopt the County's
ordinance by reference; and
WHEREAS, the County of San Mateo prepared a Program Environmental
Impact Report (Program EIR) to study the effects of implementing a single -use carry -out
bag ordinance within unincorporated locations of the County, as well as on behalf of
those incorporated communities that agreed to consider adoption of the County's
ordinance at the local level; the City of Burlingame was amongst the communities within
the region that agreed to consider adoption of the ordinance; and
WHEREAS, the County of San Mateo Board of Supervisors adopted Ordinance
No. 04637 and certified the Final Program EIR (State Clearinghouse No. 20 120420 13)
for the ordinance on November 6, 2012; the ordinance is set to become effective on April
22, 2013; and
WHEREAS, the City Council finds the use of single -use carry -out bags by
consumers at retail establishments is detrimental to the environment as they constitute a
substantial portion of the trash and litter found on the streets, in storm drains, creeks and
San Francisco Bay within the City of Burlingame; and
WHEREAS, the City Council finds that an
effective way to reduce the negative
environmental impacts of single -use carry -out bags is to restrict their usage and
availability and to encourage the use of reusable bags; and
WHEREAS, the City Council does, accordingly, find an
d declare that it should
restrict the use of single -use carry -out bags by retailers, and
WHEREAS, the manufacture and distribution of single -use carryout bags requires
utilization of natural resources and results in the generation of greenhouse gas emissions; and
WHEREAS, single -use carryout bags provided by retail establishments impose
unseen costs on consumers, local governments, the state and citizen taxpayers and constitute
a public nuisance; and
WHEREAS, the City of Burlingame has a substantial interest in protecting its
residents and the environment from negative impacts from plastic carryout bags'.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
BURLINGAME DOES ORDAIN AS FOLLOWS:
Division 2. The Burlingame Municipal Code is hereby amended to add Chapter 8.12
to read as follows:
"Chapter 8.12. Restriction of the Use of Single -Use Carry -Out Bags by
Retailers"
Section 8.12.010. Adoption of San Mateo County Ordinance by Reference
Chapter 4.114 of Title 4 of the San Mateo County ordinance code, entitled
"Reusable Bags", and any amendment thereto, are hereby adopted by this
reference and made part of the Burlingame Municipal Code and are, accordingly,
effective in this city. Certified copies of Chapter 4.107 of Title 4, as adopted
hereby, and any subsequent amendment, shall be deposited with the City Cleric,
and shall be at all times maintained by the Clerk for use and examination by the
public.
Section 8.12.020. Authorization of Enforcement by San Mateo County
Personnel
The County of San Mateo, its officers, employees and agents are hereby
authorized to enforce, on behalf of the city, Chapter 4.114 "Reusable Bags" of
Title 4 of the San Mateo County ordinance code, and any amendments thereto, as
adopted by reference herein, within the jurisdiction areas of the City of
Burlingame. Such enforcement authority includes, but is not limited to, the
collection of fees and fines, expending such revenue in the enforcement of the
regulation of single -use carry -out bags, holding hearings, suspending permits and
issuing administrative fines."
Section 8.12.030 Violations
aI
It is unlawful for a retail establishment, and any person who is an agent, employee
or owner of a retail establishment, to provide asingle-use carry -out bag to a customer
in violation of this ordinance adopted by reference.
b. Violation of this ordinance adopted by reference is an offense that may be
charged as set forth in Chapter 1.12 or may be remedied by any means
available to remedy a violation of this Code.
sion 3. The City Council has concurrently with the introduction of this ordinance
adopted a Resolution addressing the environmental review of this ordinance. County of
San Mateo prepared a Program Environmental Impact Report (Program EIR) to study the
effects of implementing a single -use carry -out bag ordinance within unincorporated
locations of the County, as well as on behalf of those incorporated communities that
agreed to consider adoption of the County's ordinance at the local level. The City of
Burlingame was among the communities within the region that agreed to consider
adoption of the ordinance. The County of San Mateo Board of Supervisors adopted
Ordinance No. 04637 and certified the Final Program EIR (State Clearinghouse No.
2012042013) for this ordinance on November 6, 2012. As stated in the Resolution,
adoption of the County ordinance by reference by the City of Burlingame, with no
substantive changes, is consistent with the findings of the certified Final Program EIR
adopted by the County Supervisors on the City's behalf.
Division 4. This ordinance shall become effective on Apri122, 2013.
Division 5. This ordinance, or a summary as applicable, shall be published as required
by law.
Ann KeighrMayor
I, Mary Ellen Kearney, City Clerk of the City of Burlingame, do hereby certify
that the foregoing ordinance was introduced at a regular meeting of the City Council held
on the 4a' day of March, 2013, and adopted thereafter at a regular meeting of the City
Council held on the 18`h day of March, 2013, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, BROWNRIGG, DEAL, KEIGHRAN, NAGEL
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
7
Mary Elle i Kearney, City Clerk