By JAN LARSON McLAUGHLIN
BG Independent News
The plastic bag ban ordinance received its second reading by Bowling Green City Council Monday evening – with one citizen demanding that the issue be put to a public vote.
Resident Phil Wohler told City Council that the plastic bag ban is an overreaction to a problem that doesn’t exist.
“I ride a bike all over this town,” Wohler said, listing off his stops as Kroger, Walmart and Meijer.
“I have yet to see bags rolling around in the streets,” he said. And any bags that are littering the city can be dealt with through code enforcement, he added.
The plastic bag ban is “much too drastic,” Wohler said.
“And on top of that, it should be decided by the people,” he said. “We’re all affected by it.”
The plastic bag ban will need one more reading before council can vote on it. If approved, the ban will go into effect at midnight on Jan. 1, 2021.
The ordinance prohibits the distribution of single-use, carryout, thin plastic bags made of plastic which has a thickness of 2.25 mills or less – typical bags handed out at grocery and retail stores.
Exempted will be the following:
- Bags the customer brought to the business location.
- Newspaper bags.
- Bags provided by a pharmacy for transporting prescriptions.
- Bags used to package a bulk item or to contain or wrap perishable items, including produce bags for fruits and vegetables.
- Bags used to transport frozen foods, meat, fish, flowers, plants or baked goods.
- Bags for transporting laundry or dry cleaning.
- Product bags (original packaging) such as bags used for packaging a product by a manufacturer or suppliers.
- Packages of multiple bags, such as food storage bags, garbage bags, pet waste bags.
- Non-profit organizations offering a food distribution program.
The ordinance also provides for an appeal process. Businesses or other organizations may appeal the plastic bag ban by applying for a temporary variance from the city. A fee of $75 will be charged for an appeal request.
A variance can be granted only for “extreme hardship.” No variance will exceed two years. The ordinance also addresses penalties. The municipal administrator shall have the right to waive any one instance of the fine if it is determined that a good faith effort to comply was being made by the violator.
Following is a list of the fines:
- The first violation will result in a written warning sent by U.S. mail to the location where the offense occurred.
- A second violation in a year will result in a fine of $100.
- A third violation in a year will result in a fine of $200.
- A fourth or subsequent violation in a year will result in a fine of $300 for each day such violation occurs.
The ordinance defines a “reusable bag” as one specifically designed and manufactured for multiple uses, that is thicker than 2.25 mills if made predominantly of plastic.
