10 Draft Integrated Waste Management Plan - City Council - City of ...

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2012 Davis Integrated Waste Management Plan SECTION 3. If any section, subsection, subdivision, paragraph, sentence, clause or phrase added by this Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. SECTION 4. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same or a summary thereof to be published as required by law. SECTION 5. This Ordinance shall take effect and be in full force and effect thirty (30) days from and after the date of its final passage and adoption. THE FOREGOING ORDINANCE was first read at a regular meeting of the Davis City Council on the _______________, and was passed and adopted at a regular meeting of the Davis City Council on the ____ day of ________________, 2012. AYES: NOES: ABSENT: ABSTAIN: ATTEST: _______________________________ Zoe Mirabile, City Clerk of the City of Davis _______________________________ Joseph Krovoza, Mayor of the City of Davis DRAFT Page | G-154
2012 Davis Integrated Waste Management Plan 32.05.01 Definitions EXHIBIT “A” ARTICLE 32.05 DISPOSABLE BAG REDUCTION PROGRAM For purposes of this article, the following definitions shall apply: a) “Applicable Store” means a retail establishment, not including food venders and restaurants, that provides Single-Use Carryout Bags to its customers as a result of the sale of a product and that meets any of the following: 1) Is a retail supermarket, convenience food store, foodmart, or other entity which sells canned food, dry grocery, and Perishable Food. 2) Is over 10,000 square feet of retail space that generates sales or use tax pursuant to the Bradley- Burns Uniform Local Sales and Use Tax Law and has a pharmacy licensed pursuant to Chapter 9 of Division 2 of the Business and Professions Code. 3) Has a Type 20 or 21 license issued by the California Department of Alcoholic Beverage Control. b) “City Facility” means a park, building or other facility located on City property or operated by the City. c) “Paper Bag Cost Pass-Through” means the cost which must be collected by an Applicable Store from their customers when providing a Recycled Paper Bag. d) “Perishable Food” means frozen foods, refrigerated foods, breads, and fresh produce. Perishable Food does not include items found in vending machines. e) “Postconsumer Material” means a material that would otherwise be destined for solid waste disposal, having completed its intended end use and product lifecycle. Postconsumer Material does not include materials and byproducts generated from, and commonly reused within, an original manufacturing and fabrication process. f) "Recycled Paper Bag" means a paper carryout bag provided by an Applicable Store to a customer at the point of sale that meets all of the following applicable requirements: 1) Except as otherwise provided in this section, the paper carryout bag contains a minimum of 40 percent Postconsumer Materials. 2) An eight pound-rated or smaller Recycled Paper Bag shall contain a minimum of 20 percent Postconsumer Material. 3) The paper carryout bag is accepted for curbside recycling in Davis. 4) The paper carryout bag is capable of composting, consistent with the timeline and specifications of the American Society of Testing and Materials (ASTM) Standard D6400, as published in September 2004. 5) Printed on the paper carryout bag is the percentage of Postconsumer Material content. g) "Reusable Bag" means a bag with handles that is specifically designed and manufactured for multiple reuses and meets all of the following requirements: 1) Is machine washable or easily cleaned or disinfected. DRAFT 2) Does not contain lead, cadmium, or any other heavy metal in toxic amounts, as defined by applicable State and Federal standards and regulations for packaging or reusable bags. 3) If made of plastic, is a minimum of at least two and one-quarter millimeters thick. 4) Has a minimum lifetime of 125 uses, which for purposes of this subdivision, means the capability of carrying a minimum of 22 pounds 125 times over a distance of at least 175 feet. h) “Single-Use Carryout Bag” means a bag other than a Reusable Bag provided at the check stand, cash register, point of sale, or other location for the purpose of transporting food or merchandise out of an Applicable Store. Single-Use Plastic Carryout Bags and Recycled Paper Bags however: 1) Do not include bags that are integral to the packaging of the product. Page | G-155
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10 Draft Integrated Waste Management Plan - City Council - City of ...

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