Notice of Public Hearing

Posted Friday, March 1, 2019 1:48 pm

CITY OF CRANSTON

ORDINANCE COMMITTEE

NOTICE OF PUBLIC HEARING

A Public Hearing on the following proposed Ordinances will be held before the Ordinance Committee on Thursday, March 14, 2019 at 6:30 p.m. City Council Chambers, 869 Park Avenue, Cranston, R.I. pursuant to Section 3.12 of the Charter.

Complete copies of proposed Ordinances are available for public review at the City Clerk’s Office, and the Cranston Central Library and the City’s website cranstonri.com under calendar by clicking on the meeting date.

“Individuals requesting interpreter services for the dear or hard of hearing must notify the City Clerk’s Office at 461-1000 ext. 3197 seventy-two (72) hours in advance of the hearing date.”

Michael Favicchio, Chair

Ordinance Committee

Maria Medeiros Wall, JD

City Clerk

PROPOSED ORDINANCE NO.

2-19-01 IN AMENDMENT OF TITLE 8 OF THE CODE OF THE CITY OF CRANSTON, 2005, ENTITLED “HEALTH AND SAFETY” (Plastic Bag Reduction)

Legislative findings and intent:

(a) The City Council has the authority to regulate issues of solid waste, litter, and pollution as a local concern.

(b) The production, use, and disposal of plastic carryout bags, which are commonly not recycled, has been shown to have significant detrimental impacts on the environment, including but not limited to contributing to pollution of the terrestrial and coastal environment, clogging storm water drainage systems, and contributing to the injury and death of terrestrial and marine life through ingestion and entanglement.

(c) The manufacture, transport, and recycling of plastic carryout bags requires substantial energy consumption and contributes to greenhouse gases.

(d) Plastic carryout bags create a burden to solid waste collection and recycling facilities.

(e) Prohibiting the use of plastic carryout bags is necessary to protect the environment and the public health, safety, and welfare of all residents and visitors.

Purpose:

The purpose of this ordinance is to protect the wildlife and coastal ecosystems, the enjoyment of nature, and the health, safety, and welfare of Cranston’s residents and visitors by:

1) Banning the use of plastic carryout bags for retail checkout of goods;

2) Encouraging the use of reusable bags; and

3) Reducing the number of plastic carryout bags that enter our environment.

It is ordained by the City Council of the City of Cranston as follows:

Section 1. Title 8.12 “Garbage Collection and Disposal” is hereby amended by adding the following new section:

8.12.140 Plastic Reduction

Definitions:

As used in this chapter, the following terms shall have the meanings indicated:

(a) Business establishment – Any commercial enterprise that provides plastic carryout bags to its customers, including sole proprietorships, joint ventures, partnerships, corporations, or any other legal entity, and includes all employees of the business and any independent contractors associated with the business. For the purposes of the ordinance, “business establishment” shall also include farmers’ markets. “Business establishment” does not include sales of goods at yard sales, tag sales, other sales by residents at their homes, and sales by nonprofit organizations.

(b) Double-opening plastic bag – Any thin plastic bag with a double opening (top and bottom) to protect clothing or other items for transport, including but not limited to laundry dry cleaning bags.

(1) Transport fruit, vegetables, nuts, grains, small hardware items, or other items selected by customers at the point of sale;

(2) Contain or wrap fresh or frozen foods, meat, or fish, whether prepackaged or not;

(3) Contain or wrap flowers, potted plants, or other items where damage to a good or contamination of other goods placed together in the same bag may be a problem;

(4) Contain unwrapped prepared foods or bakery goods;

(5) Contain materials to be hung on an exterior door; or

(6) Contain a newspaper or other printed material for delivery.

(d) Plastic carryout bag – Any plastic bag that is provided by a business establishment to a customer, typically at the point of sale, for the purpose of transporting purchases, not including plastic barrier bags, double-opening plastic bags, or reusable bags as defined herein, or plastic bags measuring larger than 28 inches by 36 inches.

(e) Recyclable paper bag – A paper bag that is fully recyclable overall and contains a minimum of 40 percent post-consumer recycled content and contains no old growth fiber. The bag should display the words “Reusable” and “Recyclable” or the universal recycling logo on the outside of the bag.

(f) Reusable bag – A bag, with handles that are stitched and not heat-fused, that is specifically designed and manufactured for multiple reuse and is made primarily of cloth or other nonwoven textile or durable plastic with a minimum thickness of four mils.

Prohibited acts:

(a) No business establishment shall provide or make available any plastic carryout bag (either complimentary or for a fee) to members of the public for any sales transaction or other use.

(b) Nothing in this section shall preclude business establishments from making reusable bags or recyclable paper bags, available to customers, by sale or otherwise.

Exemptions:

The prohibition outlined in this chapter does not apply to:

(a) Plastic barrier bags and double-opening plastic bags as defined herein;

(b) Packages of multiple bags intended for use as containers for garbage, pet waste, or yard waste; and

(c) Bags provided by pharmacists or veterinarians to contain prescription drugs or other medical necessities, provided that the bags are recyclable within the state’s recycling program.

Enforcement, violations, and

penalties:

This chapter shall be enforced by any City Department designated by the City of Cranston. Any person who violates any of the provisions of this chapter shall be subject to the following penalties:

(a) For a first offense, the business establishment charged with violating the prohibition required by this chapter shall be served with a warning letter delivered via certified and regular mail to the establishment, addressed to the chief executive officer or local manager as may be applicable. The warning letter shall inform the establishment of the alleged violation and the necessity to correct the violation within 28 days of the date of the letter, and shall include a copy of this chapter. Should the alleged violator dispute the violation, the violation shall be heard by the City Council Safety Services and Licenses Committee.

(b) Should the business establishment not correct the violation outlined in the warning letter or be charged with a second offense after correcting the initial violation, a notice of violation shall be issued and a fine of $250 shall be assessed and imposed. The notice of violation shall be delivered via certified and regular mail to the establishment, addressed to the chief executive officer or local manager as may be applicable, and shall direct the business establishment to pay the fine assessed by mail or in person within 14 days of the assessment. Should the alleged violator dispute the violation, the violation shall be heard by the City Council Safety Services and Licenses Committee.

(c) Each additional violation shall result in issuance of subsequent notices of violation, and each day that such violation continues, shall constitute a separate violation and may be cited and fined as such. Should the alleged violator dispute the violation, the violation shall be heard by the City Council Safety Services and Licenses Committee.

(d) For any business establishment that is subject to multiple notices of violation pursuant to the provisions of this ordinance, the City Council Safety Services and Licenses Committee may call the violator in for show cause.

Section 2: This Ordinance shall take effect upon adoption, provided however, that enforcement shall be stayed until January 1, 2020.

Sponsored by: Councilmembers Paplauskas and Donegan,

Co-Sponsored by Councilmembers Vargas and McAuley

PROPOSED ORDINANCE

NO. 2-19-03 N AMENDMENT OF

CHAPTER 10.32 OF TITLE 10 OF THE CODE OF THE CITY OF

CRANSTON, 2005, ENTITLED

“MOTOR VEHICLES AND TRAFFIC”

(Union and Terrace, 4 way stop)

It is ordained by the City Council of the City of Cranston as follows:

SECTION 1. Title 10.32.030 of the Code of the City of Cranston, 2005, entitled “Multi-way Stop -Enumerated” is hereby amended by adding the following:

Union Avenue and Terrace Avenue, 4 way stop.

SECTION 2. This Ordinance shall take effect upon its final adoption.