HomeMy WebLinkAbout11-22-22 Public Comment - J. Meyer - Cottonwood Environmental Law Resolution Suggestion l�
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COMMISSION RESOLUTION NO.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ITS
SUPPORT FOR LEGISLATION BY THE 2023 MONTANA LEGISLATURE RESTORING TO LOCAL
GOVERNMENTS THE POWER TO BAN DISPOSABLE CONTAINERS, INCLUDING SINGLE USE PLASTICS, OR IN
THE ALTERNATIVE, FOR LEGISLATION BY THE 2023 MONTANA LEGISLATURE BANNING DISPOSBALE
CONTAINERS, INCLUDING BUT NOT LIMITED TO SINGLE USE PLASTIC BAGS,STRAWS, STIRRERS,AND
POLYSTYRENE CONTAINERS.
WHEREAS, the Bozeman City Commission recognizes the constitutional right of all Montanans, including
the citizens of Bozeman, Montana, to a clean and healthful environment, and
WHEREAS,the Bozeman City Commission acknowledges that it,the State of Montana, and all persons,
have a duty to maintain and improve a clean and healthful environment for present and future
generations, and
WHEREAS,the Bozeman City Commission has concluded that single use plastics pose an imminent
danger to its citizens' constitutional right to a clean and healthful environment, and
WHEREAS, the 2021 Montana Legislature passed, and the Governor signed, House Bill 407 revoking the
power of local governments to perform their constitutional duty to maintain and improve a clean and
healthful environment by banning certain disposable containers, including single use plastics, and
WHEREAS,the 2021 Montana Legislature did not pass any legislation banning disposable containers,
including single use plastics, to address the imminent danger posed by disposable containers, including
single use plastics,to a clean and healthful environment, and
WHEREAS, by revoking the power of local governments to ban disposable containers, including single
use plastics,the State of Montana, acting through the 2021 Montana Legislature, has prevented local
governments, including the Bozeman City Commission, from performing their constitutional duty to
maintain and improve a clean and healthful environment, and
WHEREAS, the State of Montana, acting through the 2023 Legislature, must enact legislation banning
disposable containers, including single use plastics,to fulfill its constitutional duty to maintain and
improve a clean and healthful environment, and
WHEREAS, if the State of Montana, acting through the 2023 Legislature, fails to enact legislation banning
disposable containers, it must repeal House Bill 407 and allow local governments to fulfill their
constitutional duty to maintain and improve a clean and healthful environment by passing ordinances
similar to the one attached as Exhibit A to this Resolution which ban certain disposable containers,
including single use plastics, and
NOW THEREFORE BE IT RESOLVED by Bozeman City Commission:
1. The Bozeman City Commission declares its support for the banning of disposable containers,
including single use plastics, and
2. The Bozeman City Commission urges the State of Montana, acting through the 2023 Montana
Legislature,to fulfill its constitutional duty to maintain and improve a clean and healthful
environment for present and future generations by enacting legislation that bans disposable
containers, including single use plastics, and
3. The Bozeman City Commission urges the State of Montana, acting through the 2023 Legislature,
to repeal House Bill 407 if it fails to enact legislation banning disposable containers, including
single use plastics, so that local governments can fulfill their constitutional duty to maintain and
improve a clean and healthful environment by banning certain disposable containers, including
single use plastics, and
4. The Bozeman City Commission declares its intention to favorably consider the adoption of an
ordinance similar to the one attached as Exhibit A to this Resolution if House Bill 407 is repealed.
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a regular
session held on the_day of_, 2022.
Exhibit A:
*This is a sample ordinance. The Cih-ol'Bo_emmn is not required to abide by arty gflhis language at
this lime. The City of Bowman reserves the right to change this language before passing a plastics-
relaled ordinance.
Bozeman Municipal Code
Chapter 16(Environment and Health),Article 10—Plastics
Sec.16.10.010.Definitions
A. BALLOON—The term"balloon"means an inflatable object made from the following materials,
including but not limited to:plastic,latex,Mylar,metallized nylon,and metallized plastic.
B. DEPARTMENT—The term"department'means the City of Bozeman Code Compliance
Officers.
C. DISPOSABLE FOOD CONTAINER—"Disposable food container"means—
a. A container,bowl,plate,tray,carton,cup,lid,or other item designed for one-time use to
package or contain foods for transportation,sale,or distribution;or
b. All foodware used to package or contain take-out foods and leftovers from partially
consumed meals prepared by food vendors.
D. FOOD VENDOR—The term"food vendor"means an operation that stores,prepares,packages,
serves,vends,distributes,or otherwise provides food for human consumption,including but not
limited to any establishment requiring a permit to operate in accordance with the State Food
Code,
E. PLASTIC—The term"plastid'means an organic or petroleum derivative synthetic or a
semisynthetic organic solid that is moldable,and to which additives or other substances may
have been added.
F. POLYSTYRENE—The term"polystyrene"means any food packaging or other packing
materials made from a styrene monomer,including but not limited to—
a. Expanded polystyrene(EPS),which is a thermoplastic petrochemical material utilizing a
styrene monomer and processed by any number of techniques including,but not limited
to,fusion of polymer spheres(expandable bead polystyrene),injection molding,form
molding,and extrusion-blow molding(extruded foam polystyrene);or
b. Clear or solid polystyrene,which is known as"oriented polystyrene."
G. POLYSTYRENE FOAM—
a. IN GENERAL—The term"polystyrene foam"means blown polystyrene as well as
expanded and extruded foams using polystyrene.
H. POST-CONSUMER RECYCLED MATERIAL—
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a. IN GENERAL—The term"post-consumer recycled material'means a material that has
completed its intended end use and product life cycle that would otherwise be destined
for solid waste disposal.
b. EXCEPTION—The term"post-consumer recycled material'does not include materials
and byproducts generated from,and commonly reused within,an original manufacturing
and fabrication process.
I. RECYLABLE—The term"recyclable"means,with respect to material,any material that would
otherwise be disposed of or processed as waste that can be recovered,separated,collected,and
reprocessed for the purpose of using the reprocessed material in the manufacture of a new
product.
J. RECYCLED PAPER BAG—The term"recycled paper bag"means a paper bag that—
a. Contains a minimum of 50 percent post-consumer recycled content;and
b. Is 100 percent recyclable.
K. RETAIL SALES ESTABLISHMENT—The term"retail sales establishment'means any person,
corporation,partnership,business venture,or vendor that sells or provides merchandise,goods or
materials directly to a customer;whether for profit or not for profit,including but not limited to
restaurants,pharmacies,convenience and grocery stores,liquor stores,seasonal and temporary
businesses,clothing stores,hardware stores,department stores,jewelry stores,and household
goods stores.
L. REUSABLE BAG—The term"reusable bag"means a sewn bag with stitched handles that is—
a. Not made of plastics;
b. Specifically designed and manufactured for at least 175 uses;
c. Can carry 25 pounds over a distance of 300 feet;and
d. Is machine-washable.
M. REUSABLE STRAW—The term"reusable straw"means a tube that is not made of plastic and
is used to transfer a beverage from a container to the mouth of the person drinking the beverage.
N. SINGLE-USE CARRYOUT BAG—The term"single-use carryout bag"means a bag made of
plastic,paper,or other material that is—
a. Provided by a retail sales establishment to a customer at the point of sale;and
b. Not a recycled paper bag or a reusable bag.
0. SINGLE-USE PLASTIC STRAW—
a. IN GENERAL—The term"single-use plastic straw"means a single-use,disposable tube
made of plastic derived from either petroleum or a biologically based polymer,such as
corn or other plant sources,used to transfer a beverage from a container to the mouth of
the person drinking the beverage.
b. EXCEPTION—The term"single-use plastic straw"shall not include straws made from
non-plastic materials,including,but not limited to metal,glass,paper,pasta,sugar cane,
wood,or bamboo;
P. SINGLE-USE PLASTIC STIRRER—The term"single-use plastic stirrer"means a device that is
used to mix beverages and designed as a single-use product made of plastic.
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Q, SINGLE-USE PLASTIC SPLASH SICK—The term"single-use plastic splash stick"means a
device that fits into the sip-hole of a beverage container lid to prevent a beverage from splashing
and is designed as a single-use product made of plastic.
Sec. 16.10.020.Prohibition of Polystyrene,Plastic Bags,Straws,Stirrers,and Splash Guards
A. IlAfter 12/01/2022,no business or person may sell or provide in Bozeman,MT any food ware
product composed in whole or in part of polystyrene.The following shall be effective
immediately subject to this subsection;
a. No Retail Sales Establishment or Food Vendor shall serve or sell prepared food or
beverage in polystyrene containers and shall not package meats,eggs,bakery products,
fruits or vegetables,or other food in polystyrene containers;
b. No Retail Sales Establishment that sells tangible personal property at retail shall sell or
distribute polystyrene food or beverage containers;
c. No polystyrene food or beverage container shall be used in any government facility or at
any government sponsored event;
d. No government department or facility shall purchase or acquire polystyrene food or
beverage containers;
e. All parties who contract with the government shall be prohibited from using polystyrene
food and beverage containers in government facilities or on government-funded projects
within Bozeman,l_ - Commented[ic11:Styrofoam ban
........ - . ---- - ----
B. �Aftei 12/01/2022 no person may sell or provide m Bozeman any packing material products_. commented[ic21:Nestyrofoatn Packaging
composed in whole or in part of polystyrene,including,but not limited to,polystyrene packing
peanuts.The following shall be effective immediately subject to this subsection:
a. No Retail Sales Establishment that sells tangible personal property at retail shall sell or
use polystyrene packaging;
b. No polystyrene packaging materials shall be used in any government facility or
government sponsored event;
c. No government department or facility shall purchase or acquire polystyrene packaging
materials;
d. All parties who contract with the government shall be prohibited from using polystyrene
packaging materials in government facilities or on government-funded projects within
Bozeman.
C. 1,Afted_12/01/2022,except as provided in this subsection,a_Retail.Sales Establishment shall not commented(ics7:Bag ban.This could stand alone.
provide a plastic carryout bag to a customer at the point of sale or otherwise make plastic bags
available to customers.This prohibition does not apply to:
a. Non-handled bags used to protect items from damaging or contaminating other purchased
items placed in a recycled paper bag or a reusable grocery bag;
b. Bags provided by a business to customers to package loose items,such as fruits,
vegetables,nuts,ground coffee,grains,candies,small hardware items;bags used to
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contain or wrap frozen foods,meat and fish,flowers or potted plants;or other items to
contain dampness;
c. Laundry,dry cleaning,or garment bags,including bags provided by hotels to guests to
contain wet or dirty clothing; .
d. Bags sold in packages containing multiple bags intended for use as garbage,pet waste,or
yard waste;
e. Bags used to contain or transport live animals,such as fish or insects sold in pet stores;
f. Bags used to transport chemical pesticides,drain-cleaning chemicals,or other caustic
chemicals sold at the retail level,provided that this exemption shall be limited to one bag
per customer.
D. After 12/01/2022,a Food Vendor shall not provide a plastic straw to a customer,unless that
customer requests a plastic straw.
E. After 12/01/2022,a Food Vendor shall not provide a plastic stirrer to a customer.
F. After 12/01/2022,a Food Vendor shall not provide a plastic splash stick to a customer. commented pc4p These could also stand alone
See. 16.10.040.Implementation
a. After 12/01/2022,the City of Bozeman shall design and post for free usage on the municipal
website educational materials for display in Retail Sales Establishments.Educational materials
shall include the following elements,including but not limited to—
i. An announcement of the effective date of this ordinance;
ii. A reminder to bring reusable bags;and
iii. A reminder of the mandatory fee of$0.10 or more charged on paper and reusable bags.
b. Before 12/01/2022 the City of Bozeman shall issue a news release including—
i. An announcement of the effective date of this ordinance;
ii, A reminder to bring reusable bags;and
iii. A reminder of the mandatory fee of$0.10 or more charged on paper and reusable bags.
c. The City of Bozeman shall provide a written notice to each affected establishment at least 90
days prior to the effective date of this ordinance.
d. The City Commission may promulgate rules and regulations to implement Sec. 16.10.020.and
Sec. 16.10.030.of this Chapter.
e. A Retail Sales Establishment affected by regulations pursuant to Sec. 16.10.020.b.of this
ordinance shall clearly and visibly display at the store entrance and at each check-out counter or
register signage developed by the City,as described in Sec. 16.10.030.f.of this ordinance.
f. Food Vendors required to only provide straws upon request shall clearly and visibly display
signage developed by the City,as described in Sec. 16.10.020.e.of this ordinance.
See. 16.10.050.Prohibition of Plastic Balloon Releases
a. After 12/01/2022,no person shall knowingly release or intentionally cause to be released
outdoors any plastic balloon constructed of electrically conductive material and filled with
helium or a gas lighter than air.
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b. After 12/01/2022,no person shall knowingly release or intentionally cause to be released
outdoors,within a twenty-four-hour period,five or more plastic balloons constructed of non-
electrically conductive material and filled with helium or a gas lighter than air.
c. EXCEPTIONS—Sections(a)and(b)shall not apply to—
i. Balloons which are used for the purpose of carrying scientific instrumentation during the
performance of an experiment or test by a person on behalf of an experiment or test or by
a person on behalf of a governmental agency or pursuant to a governmental contract for
scientific or meteorological purposes;or
ii. Occupied hot air balloons or hot air balloons that will be recovered after release.
Sec.16.10.060.Enforcement and Penalties
a. Upon being made aware of a potential violation of this ordinance,the City of Bozeman's Code
Compliance Officers shall determine whether a violation has occurred.
b. If the department confirms that a violation has occurred,the department shall give written notice
to the owner of the property,the owner's agent,and/or the person committing the violation that
the violation is occurring and must immediately cease.
c. If an additional violation of this ordinance occurs within one month after a warning notice is
issued for an initial violation,the department shall issue a notice of violation and shall impose a
penalty against the noncompliant party;
d. The penalty for each violation that occurs after the issuance of the warning notice shall be no
more than;
i. $1,000 for the first offense;
ii. $2,000 for the second offense and all subsequent offenses.
Payment of such fines may be enforced through civil action.
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