HOMER,
Lewis
ORDINANCE 09-01
AN ORDINANCE OF THE HOMER
WHEREAS, The
use of disposable shopping bags in Homer creates burdens on the local solid
waste disposal system; and
WHEREAS, To
discourage and decrease the use of disposable shopping bags in the City, it is
necessary to regulate such use; and
WHEREAS, It
is in the best interest of the health, safety and welfare of the people that
regulation include the imposition of a fee to discourage the use of disposable
shopping bags, to reduce the cost of solid waste disposal in the city, to
protect the environment, and to recover the costs of regulation.
NOW,
THEREFORE, THE
Section 1.
Homer City Code Chapter 5.42 Disposable Shopping Bags,
is hereby enacted to read as follows:
Chapter 5.42
DISPOSABLE SHOPPING BAGS
5.42.010 Purpose
5.42.020 Definitions
5.42.030 Green fee for disposable shopping bags
5.42.040 Disposition of green fee proceeds
5.42.010 Purpose. The purpose of the green fee established by
this chapter is to reduce the generation of waste from disposable shopping bags
by creating an economic incentive for customers to use reusable shopping bags.
5.42.020 Definitions.
When used in this chapter, the following words and phrases shall have
the meanings set forth in this section.
a. “Buyer”
means a person who is a buyer under Kenai Peninsula Borough Code 5.18.900.
b. “Calendar
quarter” means each three-month period ending on March 31, June 30, September
30 or December 31.
c. "Disposable
shopping bag" means a bag of any material, commonly kraft
paper or plastic film, designed for one-time use to carry customer purchases
from the seller’s premises, except for: bags used by customers inside stores to
package bulk items such as fruit, vegetables, nuts, grains, candy, or small hardware
items, such as nails and bolts; bags used to contain dampness or leaks from
items such as frozen foods, meat or fish, flowers or potted plants; bags used
to protect prepared foods or bakery goods; bags provided by pharmacists to
contain prescription drugs; newspaper bags, laundry or dry cleaning bags; or
bags sold for consumer use off the seller’s premises for such purposes as the
collection and disposal of garbage, pet
waste, or yard waste.
d. “
e. “Sales
price” shall have the meaning given that term in Kenai Peninsula Borough Code
5.18.900.
f. “Seller”
means a person who is a seller under Kenai Peninsula Borough Code 5.18.900.
5.42.030 Green fee for disposable shopping
bags. a. A seller shall charge and collect from
each buyer a green fee of twenty-five cents ($0.25) in addition to the sales
price for each disposable shopping bag that the seller provides to the buyer. The seller shall record on the receipt for
each sale the number of disposable shopping bags that the seller provides to
the buyer and the total amount of the green fee that is charged and collected
under this section.
b. Not
later than the fifteenth day after the end of each calendar quarter, a seller
shall file with the finance department on a form provided by the finance department
a report of the green fee charged and collected during the previous calendar
quarter, and remit to the finance department the amount due under subsection
(c) of this section from green fee collections during the previous calendar
quarter.
c. A
seller shall deduct ten percent of the green fees that it collects as
compensation for compliance with this chapter, and remit the balance to the city
in accordance with subsection (b) of this section.
d. A seller who fails to timely report and
remit green fee collections as required by subsection b of this section shall
pay a penalty and interest on the delinquent amount in the same manner as for
delinquent city sales tax.
5.42.040 Disposition of green
fee proceeds. Fifty percent of the green fee proceeds
received by the City shall be used to finance projects to implement the City of
Section 2. This
Ordinance is of a permanent and general character and shall be included in the
City Code.
Section 3.
This Ordinance shall take effect on ______________, 2009.
ENACTED BY THE
_____________________________
JAMES C. HORNADAY, MAYOR
ATTEST:
______________________________
JO JOHNSON,
YES:
NO:
ABSTAIN:
ABSENT:
First
Public Hearing:
Second
Effective Date:
Reviewed and approved as to form:
________________________ ____________________________
Walt E. Wrede, City Manager Thomas
F. Klinkner, City Attorney
Date: ___________________ Date:
_______________________