CITY OF HOMER                                                             

                                                             HOMER, ALASKA

Lewis                                                                    

ORDINANCE 09-01

 

AN ORDINANCE OF THE HOMER CITY COUNCIL, ENACTING HOMER CITY CODE CHAPTER 5.42 ESTABLISHING A GREEN FEE FOR DISPOSABLE SHOPPING BAGS, AND REQUIRING SELLERS IN THE CITY TO COLLECT THE GREEN FEE AND REMIT IT TO THE CITY.

 

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 CITY OF HOMER ORDAINS:

 

            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.         Sale” means a transfer of ownership or rental of tangible personal property for consideration, regardless of whether it is exempt from city sales tax.

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 Homer Climate Action Plan, and the other fifty percent shall be transferred to The Homer Foundation to pay operating costs of nonprofit organizations in Homer.

 

            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 CITY COUNCIL OF HOMER, ALASKA, this ________ day of ______________ 2009.

 

                                                                                    CITY OF HOMER

 

 

                                                                                    _____________________________

                                                                                    JAMES C. HORNADAY, MAYOR

 

ATTEST:


______________________________

JO JOHNSON, CMC, CITY CLERK

 

YES:

NO:

ABSTAIN:

ABSENT:

 

First Reading:

Public Hearing:

Second Reading:

Effective Date: 

 

Reviewed and approved as to form:

 

 

________________________                        ____________________________

Walt E. Wrede, City Manager                          Thomas F. Klinkner, City Attorney

 

 

Date: ___________________                         Date: _______________________