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File #: 190114.    Version: 1 Name:
Type: Ordinance Status: Adopted
File created: 6/27/2019 In control: City Attorney
On agenda: 7/18/2019 Final action: 8/1/2019
Title: Clarifying Definitions and Providing a New Enforcement Date for the Prohibition of Single-Use Carry Out Plastic Bags and Expanded Polystyrene Containers (B) Ordinance No. 190114 An ordinance of the City of Gainesville, Florida, amending Sections 27-89 and 27-90 of the City Code of Ordinances, to clarify the definition of single-use carry out plastic bag; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an effective date for this ordinance, but delaying enforcement of this ordinance and Ordinance No. 170487 until 8:00 A.M. on January 2, 2020.
Attachments: 1. 190114_draft ordinance_20190718.pdf, 2. 190114A_Chapter 2019-151_20190718.pdf, 3. 190114B_July 15 2019 Letter_20190718.pdf, 4. 190114_Ordinance_20190801.pdf, 5. 190278_Notice of Intent to Repeal_20190815.pdf
Related files: 190278
title
Clarifying Definitions and Providing a New Enforcement Date for the Prohibition of Single-Use Carry Out Plastic Bags and Expanded Polystyrene Containers (B)

Ordinance No. 190114
An ordinance of the City of Gainesville, Florida, amending Sections 27-89 and 27-90 of the City Code of Ordinances, to clarify the definition of single-use carry out plastic bag; providing directions to the codifier; providing a severability clause; providing a repealing clause; and providing an effective date for this ordinance, but delaying enforcement of this ordinance and Ordinance No. 170487 until 8:00 A.M. on January 2, 2020.

recommendation
The City Commission (1) consider the newly enacted Section 57.112, Florida Statutes; (2) review the notice letter received by the City; (3) direct the City Attorney to prepare a Resolution (for the August 1st agenda) providing notice of its intent to repeal Ordinance No. 170487; (4) direct the City Attorney to prepare and advertise an ordinance to repeal Ordinance No. 170487 for first reading on August 1 and second reading on August 15; and (5) take no further action on proposed Ordinance No. 190114 at this time.

explanation
The City Commission, at its meeting of March 21, 2019, discussed the plastic ban ordinance education campaign and some areas of the current code provisions they may wish to amend. This discussion was continued to the March 28th General Policy Committee meeting. The General Policy Committee, at its meeting of March 28, 2019 discussed these topics further and directed the City Attorney's Office to draft an ordinance to revise the current code provisions.

AGENDA MODIFICATION

Explanation of modification: This item is being modified to provide the City Commission with additional back-up and to revise the staff recommendation. On July 1, 2019, Section 57.112, Florida Statutes (Chapter Law 2019-151) became effective. A copy of the new statute is provided in the back-up. The new statute states “[i]f a civil acti...

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