Plastic Checkout Bag Bylaw No. 28 of 2020

Prince Albert, Saskatchewan

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CITY OF PRINCE ALBERT BYLAW NO. 28 OF 2020 A Bylaw of The City of Prince Albert to prohibit the distribution of plastic checkout bags in order to minimize the volume of plastic waste entering our landfill, waste collection systems, and littering in our community. WHEREAS the Council of The City of Prince Albert recognizes the detrimental, effects of plastic bags on the environment and on the aesthetics of the community; AND WHEREAS the City of Prince Albert wishes to reduce the presence of p astic bags entering the Prince Albert Regional Landfill, our waste collection systems and the envimnment; NOW THEREFORE THE COUNCIL OF THE CITY OF PRINCE ALBERT II'N OPEN MEETING ASSEMBLED ENACTS AS FOLLOWS: 1. Short Title This Bylaw may be cited as the "Plastic Checkout Bag Bylaw". 2. Definitions In this Byl 1aw: (a) "Byl 1aw Enforcement Officer" shall mean any person appointed by City Council to administer and oversee bylaw enforcement for the City. (b) "Checkout Bag" means any bag intended to be used by a customer for the purpose of transporting ·items purchased or received by the customer from the business providing the bag and/or a bag used to package takeout food or food to be delivered. (c) "City" means the municipal corporation of the City of Prince Albert. (d) "City Manager'' means the chief administrative officer of the City or delegate. BYLAW NO. 28 OF 2020 PAGE 1 (e) "Director of Public Works" means the City Engineer of the City or del·egate. (f) "Food Service Business" means a business that sells or provides food for consumption on or off of the business premises, includ'in~ restaurants, fast food restaurants, cafes, delicatessens, coffee s'hops, vending trucks or carts, or cafeterias. (g) "Landfill" means the Prince Albert Regional Landfill, being the area designated for waste disposal. (h) "Litter" means any and aU miscellaneous waste which when discarded, dropped, p'laced, blown or carried onto any sidewalk, str.eet, boulevard, lane, park, public place or private premises, contributes to untidiness and detracts from City cleanliness. (i) "Paper Bag" means a bag made pr,imarily of pulp or paper, but does not include a plastic bag. U) "Plastic Bag" means any bag made with any amount of plastic, inc'luding biodegradable plastic or compostable plastic but does not include a reusabl'e bag. (k) "Police Officer" means any sworn member of the Prince Albert Police Service. (I) "Retai'l Business" means a business whose ma,in activity is the sal'e or provision of any type of goods direcUy to customers. (m) "Reusable Bag" means a bag with handles that is designed and manufactured to have a minimum lifetime of 1 00 uses and is primarily :made of cloth or other washable fabric. (n) "Waste Collection System" includes the disposal, collection , processing and recycling or disposition of waste materials. 3. Rules of ilnterpretation The table of contents, marginal notes and headings in this Bylaw are for reference purposes only. 4. Regulations Except as provided in Section 6 of this Bylaw, no Retail Business or Food Service Business shall provide or sell a Plastic Bag to a customer. BYLAW NO. 28 OF 2020 .f'AGE 2 5. Prohibited Activities A Retail Business or Food Service Busi~ness shall not: (a) provide, distribute, sell, or use plastic or biodeg,radable plastic Checkout Bag~s; (b) restrict or deny the use of any reusable container or reusable bag by a person. 6. Exemptions Plastic Bags used for: (a) carrying ft1uirts or vegetables; (b) containing fresh or frozen meat, poultry or fish products whether prepackaged or not; (c) containing bulk food items or bulk hardware items; (d) freshly prepared bakery items or other food items that are not prepackaged; (e) wrapped flowers or potted plants; (f) clothes immediately following professionall'aundering or dry cleaning; (g) newspapers or other printed material intended to be left at the customer's residence or place of business; (h) flexible , reusable, re-sealable rectangular zipper storage bags, usually mainly transparent and made of pol,yethylene or similar plastic and used for foodstuffs such as sandwiches and freezer storage, that are sold in packages of multiple bags; (i) garbage or trash bags often used in residences and places of business to contain solid waste in o.rder to prevent the insides of waste containers from becoming coated in waste material, that are so'ld in packages of mi.Jitiple bags; U) transport of live fish. BYLAW NO. 28 OF 2(~20 PAGE 3 7. Inspection on Demand A Bylaw Enforcement Officer or Police Officer may enter any Retail Business or Food Service Business and make such examinations, investigations and inqu·ries as requ.i.red to determ·ine compliance with this Bylaw. 8. Offences (a) An ind:ividu.al commits an offence and is subject to the penalties imposed by this Bylaw if that individual: (i) con·travenes a provision of this Bylaw; (ii) consents to, all'ows, or permits an act or thing to be done contrary to th·is Bylaw; (·iii) neglects or refrains from doing anything required to be a provision of this Bylaw; (b) Each instance that a contravention of a provision of this Bylaw occurs and each day that a contravention continues shall constitute as a separate offence. 9. Penalties (a) Except as otherwise provided herein, any person or corporation operating a Retail: Business or Food Service Business who contravenes any provision of this Bylaw is guilty of an offence, and shall be liable, upon summary conviction , to the fine as set out in this Bylaw. (b) Notwithstanding 9(a) above where a Bylaw Enforcement Officer or Police Officer issues a summary offence ticket for a violation of this Bylaw, that Bylaw Enforcement Officer or Poli:ce Officer may enter on the ticket the amount as stated in 9(c) and/or 9(d). which if paid within the time prescr.ibed, will be accepted as a gu'ilty plea to that offence. (c) Any individual1 who contravenes a provision of this Bylaw is guilty of an offence and liable on summary conviction to a fine: (i) for the first offence, of not less than $1 00.00; (ii) for the second offence, of not less than $200.00; and, (iii) for a third or subsequent offence, of not :less than $200.00 and not more than $500.00. BYLAW NO. 28 OF 2020 PAGE4 (d) Any corporation, including one operating a Retail Business or Food Service Business, who contravenes a provision of this Bylaw Is guilty of an offence and liable on summary conviction to a fine: (i) for the first offence, of not less than $500.00; (ii) for the second offence, of not less than $1 ,000.00; and, (ii-i,) for a third or subsequent offence, of not less than $1 ,000.00 and not more than $1.0,000.00. (e) No Retail Business or Food Service Business shall: (i) fail to compl.y with an mder made under Chis Byllaw; (ii) obstruct or hinder a Bylaw Enforcement Officer or Police Officer acting under this Bylaw; (iii) fail to comply wi·th any other provision of this Bylaw. 10. Notice of Violation for First and Second Offences (a) A Bylaw Enforcement Officer or Police Officer may issue a summary offence ticket to any individual or corporation committing a first or second offe!lce under Section 9. Subject to section 1 O(b)(iv), the summary offence ticket shall require the individual or corporation to pay to the City the penal.ty specified in Section 9. (b) The penalty may be paid: (i) in person, dur,ing regul-ar office hours, to the cashier located at City Hall, 1084 Central Avenue, Prince Albert, Saskatchewan; (ii) by mail addressed to the Financial Services Department, City Hall, 1084 Central Avenue, Prince Albert, Sas-katchewan S6V 7P3; (iii) if payment of the penalty is made prior to the date when the indi.vidual or corporabon contravening- the Bylaw is required to appear in court to answer a charge, the individual or corporation shall not be liable to prosecution for that offence; (iv) if a Bylaw Enforcement Officer or Police Officer is of the opinion that it is in the public interest to compel an individual or corporation who has contravened a provision of this Bylaw for the first time to appear before a justice, the Bylaw Enforcement Officer or Police Officer may issue a summons that requires the individual or corporation to appear BYLAW NO. 28 OF 2020 PAGE 5 before a justice without the alternative of paying the specified amount; (v) if -in the opinion of a prosecutor it is appropriate, the prosecutor may, on or before the court appearance date, permit an Individual or corporation charged under Section 9 to pay the specified amount to avoid prosecution. 11 . Early Paymen·t (a) For an individual, if the penalty imposed under a summary offence ticket is paid within fourteen (14) calendar days of the date of the summary offence ticket, the amount of the penalty shall be discounted to the sum of not less than $75.00 for a first offence and not less than $150.00 for a second offence. (b) For a corporation, if the penalty imposed under a summary offence ticket Is paid within fourteen (14) calendar days of the date of the summary offence tkket, the amount of the penalty shall be discounted to the sum of not less than $375.00 for a first offence and not less than $750.00 for a second offence. (c) Upon payment, the individual or corporation contravening the Bylaw shall not be ·liab.le to prosecution for that offence. (d) The date of payment shall! be determined as follows: (i) For payment in person , the date of payment shall be the date payment is received by the City; (ii) For payment by deposit, the date of payment shaU be the date payment is deposited in the depository at City Halli; (iii) For payment by mail, the date of payment shall be the federal1 post marked date on the remittance. 12. Repeal of Bylaws Bylaw No. 33 of 2019 is hereby repealed . BYLAW NO .. 28 OF 2020 PAGE 6 13. Coming into Force This by,law shall come into force and take effect on, from and after the final' passing thereof. t\-- INTRODUCED AND READ A FIRST TIME THIS \3 DAY OF Oc...-\dou , AD 2020. \ ~ -t~ D·AY OF Oc.-~ W READ A SECOND TIME THIIS , AD 2020. \ ~""1'\ LJ ........ , READ A THIRD TIME AND PASSED THIS 0 DAY OF 0c:1\Ju:A , AD 2020. MAYOR BYLAW NO. 28 OF 2020 PAGE 7,