By JAN LARSON McLAUGHLIN
BG Independent News
Bowling Green City Council will have a first reading of the much talked about plastic bag ban ordinance on Monday evening. 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 – and then goes on to define each of those terms.
Single-use or thin plastic bags are predominantly made of plastic which has a thickness of 2.25 mills or less – typical bags handed out at grocery and retail stores.
Carryout bags are those provided by a business to a customer at checkout to carry items away from the business location.
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.
Another ordinance on Monday’s agenda would create a city sustainability board. That board would rule on requests for variances.
Though at least one member of City Council requested that downtown businesses be exempt from the plastic bag ban, the ordinance language does not include that provision. Any business, however, can ask for a variance due to hardship.
A variance can be granted only for “extreme hardship due to a potential adverse impact or ability to meet its mandate,” such as serving the citizens, economic hardships, or ability to remain in business, or due to potential adverse impact on public safety or the environment.
No variance will exceed two years, according to the ordinance.
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 within any continuous 12-month period will result in a written warning sent by U.S. mail to the location where the offense occurred.
- A second violation within any continuous 12-month period will result in a fine of $100.
- A third violation within any continuous 12-month period will result in a fine of $200.
- A fourth or subsequent violation within any continuous 12-month period will result in a fine of $300 for each day such violation occurs.
In the case of a business charging a fee for single-use, carryout paper bags, customers who participate in any local, state or federal welfare assistance program shall be exempt from such a fee.
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.
The proposed ordinance must go through three readings by City Council before it is voted on.
