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2014 S-45 Supplement
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TITLE 9: HEALTH AND SANITATION
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COMPREHENSIVE ORDINANCE LIST 11
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CITY OF CUPERTIN0 9 CALIFORNIA
MUNICIPAL CODE t
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2014 S-45 Supplement contains:
Local legislation current through Ordinance 14-2122, passed 10-7-14
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AMERICAN LEGAL PUBLISHING CORPORATION
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432 Walnut Street Cincinnati, Ohio 45202-3909 (800) 445-5588
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COPYRIGHT 'D 2014
AMERICAN LEGAL PUBLISHING CORPORATION
9.17.100
CHAPTER 9.17: REGULATION OF SINGLE-USE CARRYOUT BAGS
Section
9.17.100 Findings and purpose. D. "Nonprofit charitable reuser"means a charitable
9.17.110 Definitions. organization, as defined in Section 501(c)(3)of the Internal
9.17.120 Implementation date. Revenue Code of 1986, or a distinct operating unit or
9.17.1M Single-use carryout bag. division of the charitable organization, that reuses and
9.17.140 Exemptions. recycles donated goods or materials and receives more than
9.17.150 Administrative citation and fine. fifty percent of its revenues from the handling and sale of
9.17.160 Severability. those donated goods or materials.
E. "Person" means any natural person, firm,
corporation, partnership, or other organization or group
9.17.100 Findings and Purpose. however organized.
The City Council finds and determines that: F. "Prepared food"means foods or beverages which
(a) The use of single-use carryout bags by consumers are prepared on the premises by cooking,chopping, slicing,
at retail establishments is detrimental to the environment, mixing,freezing,or squeezing,and which require no further
public health and welfare. preparation to be consumed. "Prepared food" does not
(b) The manufacture and distribution of single-use include any raw, uncooked meat product or fruits or
carryout bags requires utilization of natural resources and vegetables which are chopped, squeezed, or mixed.
results in the generation of greenhouse gas emissions. G. "Public eating establishment"means a restaurant,
(c) Single-use carryout bags contribute to take-out food establishment, or any other business that
environmental problems, including litter in stormdrains, receives ninety percent or more of its revenue from the sale
creeks, the bay and the ocean. of prepared food to be eaten on or off its premises.
(d) Single-use carryout bags provided by retail H. "Recycled paper bag" means a paper bag
establishments impose unseen costs on consumers, local provided at the check stand, cash register, point of sale, or
governments,the state and taxpayers and constitute a public other point of departure for the purpose of transporting food
nuisance. or merchandise out of the establishment that contains no old
The City Council finds and declares that it should growth fiber and a minimum of forty percent post-consumer
restrict the free distribution of single-use carryout bags. recycled content and is one hundred percent recyclable.
(Ord. 13-2102, § 1 (part), 2013) I. "Retail establishment" means any commercial
establishment that sells perishable or nonperishable goods
9.17.110 Definitions. including, but not limited to, clothing, food, and personal
A. "Customer" means any person obtaining goods items directly to the customer;and is located within or doing
from a retail establishment. business within the City of Cupertino. "Retail establishment"
B. "Garment bag" means a travel bag made of does not include public eating establishments or nonprofit
pliable, durable material with or without a handle,designed charitable reusers.
to hang straight or fold double and used to carry suits, J. "Reusable bag"means either a bag made of cloth
dresses, coats,or the like without crushing or wrinkling the or other machine washable fabric that has handles, or a
same. durable plastic bag with handles that is at least 2.25 mils
C. "Garment cover"means a protective textile cover thick and is specifically designed and manufactured for
with or without a handle, made of plastic, paper, or other multiple reuse.
material and used as a protective covering for clothing, K. "Single-use carryout bag"means a bag other than
draperies, or similar textiles after the professional cleaning, a reusable bag provided at the check stand, cash register,
alteration, or repair of such items. point of sale or other point of departure, including
34C
2013S-40
9.17.110 Cupertino -Health and Sanitation 34D
departments within a store, for the purpose of transporting 1. A plastic or paper carryout bag with or without
food or merchandise out of the establishment. "Single-use handles is provided by a public eating establishment to
carryout bags"do not include bags without handles provided transport prepared food;
to the customer: (1) to transport prepared food, produce, 2. A plastic or paper bag with or without handles is
bulk food or meat from a department within a store to the provided by a nonprofit charitable reuser;
point of sale; (2)to hold prescription medication dispensed 3. A plastic or paper bag without handles is provided
from a pharmacy; or (3) to segregate food or merchandise to transport prepared food, produce, bulk food, or meat
that could damage or contaminate other food or merchandise from a department within a store to the point of sale;
when placed together in a reusable bag or recycled paper 4. A plastic or paper bag without handles is provided
bag. (Ord. 13-2102, § 1 (part), 2013) to hold prescription medication dispensed from a pharmacy;
5. A plastic or paper bag without handles is used to
9.17.120 Implementation Date. segregate food or merchandise that could damage or
This Chapter shall be implemented as of October 1, contaminate other food or merchandise when placed together
2013. (Ord. 13-2102, § 1 (part), 2013) in a reusable bag or recycled bag;
6. A garment bag or garment cover used to protect
9.17.130 Single-Use Carryout Bag. and transport clothing or other textiles. (Ord. 13-2102, § 1
A. No person or retail establishment shall provide a (part), 2013)
single-use carryout bag to a customer, at the check stand,
cash register, point of sale or other point of departure for 9.17.150 Administrative Citation and Fine.
the purpose of transporting food or merchandise out of the (a) Grounds for an administrative citation. An
establishment except as provided in this section or in section administrative citation may be issued upon findings made by
9.17.140. the City Manager, or his or her designee, when any person
B. Effective October 1, 2013 a retail establishment or retail establishment has provided a single-use carryout
may only make recycled paper bags available to customers bag to a customer or violated any other provision of this
if the retailer charges a minimum of ten cents. Reusable Chapter.
bags may be given by retailer without charge. (b) Administrative citation fine amounts. Upon
C. Notwithstanding this section, no retail findings made under subsection(a),the retail establishment
establishment may make available for sale a recycled paper shall be subject to an administrative citation pursuant to
bag unless the amount of the sale of such bag is separately Chapter 1.10 of this Code. Fines for the administrative
itemized on the sale receipt. citation are as follows:
D. A retail establishment may provide one or more (1) First citation: One hundred dollars($100.00)
recycled paper bags at no cost to any of the following (2) Second citation for the same violation within the
individuals: a customer participating in the California same twelve month period: Two hundred dollars($200.00)
Special Supplement Food Program for Women,Infants,and (3) Third or any subsequent citation for the same
Children pursuant to Article 2 (commencing with Section violation within the same twelve month period:Five hundred
123275)of Chapter 1 of Part 2 of Division 106 of the Health dollars ($500.00)
and Safety Code; a customer participating in the (4) Each day that any person or retail establishment
Supplemental Food Program pursuant to Chapter 10 violates the provisions of this Chapter a new and separate
(commencing with Section 15500)of Part 3 of Division 9 of violation occurs.
the California Welfare and Institutions Code;and a customer (c) Administrative citation appeals and disposition
participating in Calfresh pursuant to Chapter 10 shall be processed in accordance with Chapter 1.10 of this
(commencing with Section 18900)of Part 6 of Division 9 of Code. (Ord. 13-2102, § 1 (part), 2013)
the California Welfare and Institutions Code. (Ord.
14-2122, § 1, 2014; Ord. 13-2102, § 1 (part), 2013) 9.17.160 Severability.
If any section, subsection, subdivision, sentence,
9.17.140 Exemptions. clause,or phrase of this Chapter is for any reason held to be
The provisions of this Chapter shall not apply in the unconstitutional or otherwise void or invalid, by any court
following circumstances where: of competent jurisdiction the validity of the remaining
portion of this Chapter shall not be affected thereby. (Ord.
13-2102, § 1 (part), 2013)
2014S-45
43 Comprehensive Ordinance List
Ord. No. Ord. No.
13-2109 Amends 14.04.170 and 18.32.390 14-2118 Amends 11.27.020, 11.27.050,
regarding acceptance of public 11.27.145 regarding designation of
improvements (14.04, 18.32) preferential parking zones around the
13-2110 Repealing and replacing Ch. 14.08, Civic Center Plaza(11.27)
encroachments and use of city rights-of- 14-2119 Rezoning certain land(Not Codified)
way(14.08) 14-2120 Amends 11.08.250 regarding
13-2111 Amends 14.12.120 regarding condition designated bicycle lanes (11.08)
for development or building permit 14-2122 Amends 9.17.130 regarding single-use
(14.12) carryout bags (9.17)
13-2112 Rezoning certain land(Not Codified)
13-2113 Rezoning certain land(Not Codified)
13-2114 Approving development agreement
between city and Apple, Inc.; repeals
Ord. 1702(Special)
13-2115 Amending Ch. 16; adding Ch. 16.02,
Administrative Code; repealing and
replacing Ch. 16.04, Building Code;
repealing and replacing Ch. 16.06,
Residential Code; repealing and
replacing Ch. 16.12, Soils and
Foundations - Subdivisions; repealing
and replacing Ch. 16.16, Electrical
Code; repealing and replacing Ch.
16.20, Plumbing Code; repealing and
replacing Ch. 16.24, Mechanical Code;
repealing Ch. 16.32, Swimming Pools;
amends 16.36.010, 16.36.020,
16.36.030, 16.36.040, 16.36.050,
16.36.070, 16.36.120 regarding
relocation of buildings; repealing
16.36.130 regarding violations-penalty
for moving buildings; repealing and
replacing Ch. 16.40, Fire Code;
amends 16.54.010 regarding adoption of
Energy Code; amends 16.58.010,
16.58.015, 16.58.040, 16.58.100
regarding the Green Building Standards
Code(16.02, 16.04, 16.06, 16.12,
16.16, 16.20, 16.24, 16.32, 16.36,
16.40, 16.54, 16.58)
14-2116 Adds 9.15.100, 9.15.110, 9.15.120,
9.15.130, 9.14.140, prohibiting use of
polystyrene foam disposable food
service ware(9.15)
14-2117 Adds 16.58.400 and 16.58.420 to Ch.
16.58, Green Building Standards Code;
amends 1.08.010, 1.08.020, 1.08.030
regarding right of entry for inspection
(16.58, 1.08)
2014S-45