ORDINANCE NO.

14-2015
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
PERTAINING TO SECTION 42-4, USE OF PLASTIC CARRYOUT BAGS AND
RECYCLABLE PAPER BAGS AND TO PROMOTE THE USE OF REUSEABLE BAGS,
FOR THE CITY OF TYBEE ISLAND, GEORGIA

WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under it police, zoning,
and home rule powers; and
WHEREAS, as a coastal city, Tybee Island has a strong interest in protecting the
marine environment, an element which contributes to the unique quality of life in the City;
and
WHEREAS, plastic bags have negative impacts on the environment; and
WHEREAS, due to Tybee Island's tourism, increased distribution of single use
plastic bags occurs to meet the needs of locals and visitors; and
WHEREAS, Tybee Island is surrounded by water and therefore is at a much greater
risk of single use plastic bags making its their way into the ecosystem; and
WHEREAS, single-use carryout bags provided by retail establishments impose costs on
consumers, local governments, the state and taxpayers and constitute a public nuisance; and
WHEREAS, the manufacture and distribution of single-use carryout bags requires
utilization of natural resources and results in the generation of greenhouse gas emissions;
and
WHEREAS, the use of single-use carryout bags by consumers at retail stores and
restaurants is detrimental to the environment, public health and welfare; and
WHEREAS, in a coastal city like Tybee Island, even plastic bags which are properly
discarded can find their way into the marine environment where they do not break down and
essentially remain indefinitely; and
WHEREAS, Tybee Island has a recycling program and continues to promote
recycling; and
WHEREAS, plastic carry out bags hinder the recycling efforts by becoming caught in

the processing equipment and require extra energy and costs; and
WHEREAS, Tybee Island residents and public officials have spent a lot of time and
effort to pick up plastic bags from the beaches, marsh and highway; and
WHEREAS, ordinances and laws designed to curb and/or prevent plastic bag use in
other cities in the United States and internationally have shown to produce positive results;
and,
WHEREAS, because there is a strong possibility that plastic bags discarded on Tybee
Island can end up in the ocean where they will last indefinitely and create an aesthetic blight and
potential hazard to marine life it is in the best interests of the public health, safety and welfare to
adopt the proposed ban on distribution of plastic bags and regulation of paper bags at point of sale
within the boundaries of the City of Tybee Island.
NOW, THEREFORE, it is ordained by the governing authority of the City of Tybee
Island that Section 42.4, Use of Plastic Carryout Bags and Recyclable Paper Bags be added.
SECTION 1
Section 42-4 will read as follows:
Section 42-4. Use of plastic carryout bags and recyclable paper bags.
A.

Definitions:
For purposes of this ordinance, the following terms shall have the following

meanings:
(1)

Affected Retail Establishment means any retail establishment

located within or doing business within the geographical limits of the City of
Tybee Island.
(2)

City Sponsored Event means any event organized or sponsored

by the City of Tybee Island or any Department of the City of Tybee Island.
(3)

Customer means any person obtaining goods from an Affected

Retail Establishment, Grocery store, Restaurant, Vendor, Pharmacy or Non-Profit

Vendor.
(4)

Exempt Bag means (i) a bag without handles used to carry

produce, meats, dry goods or other non-prepackaged food items to the point of sale
within a store or market or to prevent such food items from coming into direct
contact with other purchased items; (ii) a bag provided by a pharmacy to carry

prescription drugs; or (iii) any other bag to be exempted from the provisions of this
ordinance as determined by the Mayor and City Council.
(5)

Grocery Store means any dealer in staple foodstuffs, meats,

produce and dairy products and usual household supplies.

(6)

Non-Profit Vendor means a recognized tax exempt organization which

provides goods as a part of its services.

(7)

Person means any natural person, firm, corporation, partnership or

other organization or group however organized.

(1)

Pharmacy means a retail use where the profession of pharmacy by a

pharmacist licensed by the State of Georgia in accordance with the Business and
Professions Code is practiced and where prescription medications are offered for sale.
(8)

Plastic Bag means a bag made predominantly or derived from either

natural gas, petroleum or a biologically-based source, such as corn or other plant

sources.
(9)

Plastic Carry-Out Bag means any bag made predominantly or

derived from either petroleum or a biologically-based source, such as corn or other

plant sources, which is provided to a customer at the point of sale to carry their goods.
Plastic carryout bag includes compostable and biodegradable bags but does not
include reusable bags, or produce bags, or product bags.
(10)

Recyclable means material that can be sorted, cleansed, and

reconstituted using the City of Tybee Islands available recycling collection programs
for the purpose of using the altered form in the manufacture of a new product.
Recycling does not include burning, incinerating, converting, or otherwise thermally
destroying solid waste.
(11)

Recyclable Paper Bag means a paper bag that contains no old

growth fiber and is 100% recyclable."

Recyclable Paper Bag means a paper bag that meets all of the following
requirements: (1) contains no old growth fiber; (2) is 100% recyclable overall and
contains a minimum of 40% post-consumer recycled content; and (3) displays the
words Reusable and Recyclable in a highly visible manner, on at least two
opposite sides in not less than _________ size font on the outside of the bag.
(12)

Retail Establishment means any commercial business facility that

sells goods directly to the ultimate consumer including but not limited to grocery

stores, restaurants, pharmacies, liquor stores, mini-marts, retail stores and other
vendors selling clothing, food and personal items.
(13)

Restaurant means any business establishment where food or

beverages may be purchased by customers.

(14)

Reusable Bag means a bag with handles that is specifically

designed and manufactured for multiple reuse and is either: (1) made of cloth or
other machine washable fabric; or (2) made of other durable material suitable for
reuse.
(15)

Vendor means any store, shop, restaurant, sales outlet or other

commercial establishment located within or doing business within the City of

Tybee Island, which provides perishable or nonperishable goods in exchange for
money.
(B) Plastic Carry-Out Bags Prohibited.
(1)

It shall be unlawful for any affected retail establishment to provide

plastic carry-out bags to customers at the check stand, cash register, point of sale,
or other point of entrance or departure to the retail establishment. This applies to
both for-profit and non-profit entities, establishments, stores or vendors. This
prohibition applies to all bags provided for the purpose of carrying away goods
from the point of sale, excluding produce bags, reusable bags or recyclable paper
bags.
(2)

It shall also be unlawful for any affected retail establishment to

provide non-reusable or non-recyclable paper bags to customers at the check stand,

cash register, point of sale, or other point of entrance or departure to the retail
establishment. However, nothing in this section shall be read to preclude affected
retail establishments from making recyclable paper bags available to customers at a
minimum charge of ten (10) cents per bag. All sums collected for this charge shall
remain with the retail Establishment, and the cost of the bag shall be itemized on the
customers receipt.
(3)

A retailer subject to requirements for single-service and single-use

articles and items for use in food service pursuant to rules promulgated by the
Department of Human Resources Public Health, shall display a sign in a location
viewable by customers containing the following notice: The City of Tybee Island
discourages the use of single-use plastic and paper bags to protect our
environment from excess litter and greenhouse gases. We would appreciate our

customers using reusable bags, but if you are not able to, a 100% recycled paper
bag will be furnished for your use.
(4)

Affected retail establishments are strongly encouraged to provide

incentives for the use of reusable bags through education and through credits or
rebates for customers that use reusable bags at the point of sale for the purpose of
carrying away goods.
(5)

No person shall distribute plastic carry-out bags or non-reusable or

non-recycleable paper bags at any City facility or any event held on City property.
(6)

This Ordinance shall not apply to single-use plastic meat and

produce bags, without handles, distributed in a grocery store exclusively for the
purpose of transporting produce, raw meat and poultry to the point of sale.
(7)

This Ordinance shall not apply to plastic zip closing bags or

plastic bags sold as a consumer item at any grocery store or affected retail
establishment. Notwithstanding this exemption, plastic carry-out bags cannot be
sold to any customer at any affected retail establishment as a consumer item or
otherwise.
(8)

No plastic carry-out bags, including plastic carry-out bags

obtained from stores in areas where plastic carry-out bags are not prohibited, are
allowed to be brought on the beach, onto City property or used on the beach or
on City property for any purpose.
(C) Exemptions.
(1)

The City Manager, or his/her designee, upon his/her sole discretion,

may exempt an Affected Retail Establishment, Grocery Store, or Vendors from the
requirements of this Ordinance for a period of up to an additional 6 months after the
operative date of this Ordinance, upon sufficient showing by the applicant that the
provisions of this Ordinance would cause undue hardship. The phrase undue hardship
includes:
(A)

Situations where there are no acceptable alternatives to

Plastic Carry-Out Bags for reasons which are unique to the Affected Retail
Establishments, Grocery Stores, Restaurants, or Vendors;
(B)

Situations where compliance with the requirements of

this Code would deprive a person of a legally protected right; or,

(2)

Where compliance with this ordinance would be in conflict with

health regulation(s) or rule(s) promulgated by, the local Board of Health having
jurisdiction, the Georgia Department of Public Health, or any regulation(s) or rule(s)
promulgated by the Federal Government, the City Manager, or his/her designee, upon
his/her sole discretion may exempt an affected retail establishment from the
requirements of this Ordinance.
(D) Enforcement and violation.
(1)

It shall be unlawful for any person to violate the provisions of this Article.

Upon the first violation, the City can issue a written warning. Thereafter, and only after a written
warning has been given for a prior violation, all subsequent violations of this Article shall be
punishable as though this were a violation for littering pursuant to Tybee Code Sec. 42-64.
(2)

All fines collected pursuant to this Article shall be deposited into the

General Fund and shall be utilized exclusively to assist the City with implementing and enforcing
the requirements of this Article.
(E)

Effective Date. This Ordinance shall become operative six (6) months after the

date upon which it is finally adopted by the City of Tybee Island.

SECTION 2
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island,
Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such
intention.
SECTION 5

This Ordinance shall become effective upon its adoption by the Mayor and Council
pursuant to the ordinances of the City.
ADOPTED THIS

DAY OF

, 2015.

______________________________
MAYOR
ATTEST:

CLERK OF COUNCIL
FIRST READING:

______

SECOND READING: ______

ENACTED:

Tybee/Ordinances/14-2015 Sec 42-4 plastic bags 04.21.15 TEB

ORDINANCE NO. 14-2015

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
PERTAINING TO SECTION 42-4, USE OF PLASTIC CARRYOUT BAGS AND
RECYCLABLE PAPER BAGS AND TO PROMOTE THE USE OF REUSEABLE BAGS,
FOR THE CITY OF TYBEE ISLAND, GEORGIA

WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia
to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of
the citizens of Tybee Island, Georgia; and
WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia,
is the Mayor and Council thereof; and
WHEREAS, the governing authority desires to adopt ordinances under it police, zoning,
and home rule powers; and
WHEREAS, as a coastal city, Tybee Island has a strong interest in protecting the
marine environment, an element which contributes to the unique quality of life in the City;
and
WHEREAS, plastic bags have negative impacts on the environment; and
WHEREAS, due to Tybee Island's tourism, increased distribution of single use
plastic bags occurs to meet the needs of locals and visitors; and
WHEREAS, Tybee Island is surrounded by water and therefore is at a much greater
risk of single use plastic bags making their way into the ecosystem; and
WHEREAS, single-use carryout bags provided by retail establishments impose costs on
consumers, local governments, the state and taxpayers and constitute a public nuisance; and
WHEREAS, the manufacture and distribution of single-use carryout bags requires
utilization of natural resources and results in the generation of greenhouse gas emissions;
and
WHEREAS, the use of single-use carryout bags by consumers at retail stores and
restaurants is detrimental to the environment, public health and welfare; and
WHEREAS, in a coastal city like Tybee Island, even plastic bags which are properly
discarded can find their way into the marine environment where they do not break down and
essentially remain indefinitely; and

WHEREAS, Tybee Island has a recycling program and continues to promote

recycling; and
WHEREAS, plastic carry out bags hinder the recycling efforts by becoming caught in
the processing equipment and require extra energy and costs; and
WHEREAS, Tybee Island residents and public officials have spent a lot of time and
effort to pick up plastic bags from the beaches, marsh and highway; and
WHEREAS, ordinances and laws designed to curb and/or prevent plastic bag use in
other cities in the United States and internationally have shown to produce positive results;
and,
WHEREAS, because there is a strong possibility that plastic bags discarded on Tybee
Island can end up in the ocean where they will last indefinitely and create an aesthetic blight and
potential hazard to marine life it is in the best interests of the public health, safety and welfare to
adopt the proposed ban on distribution of plastic bags and regulation of paper bags at point of sale
within the boundaries of the City of Tybee Island.
NOW, THEREFORE, it is ordained by the governing authority of the City of Tybee
Island that Section 42-4, Use of Plastic Carryout Bags and Recyclable Paper Bags be added.
SECTION 1
Section 42-4 will read as follows:
Section 42-4. Use of plastic carryout bags and recyclable paper bags.
A.

Definitions:
For purposes of this ordinance, the following terms shall have the following

meanings:
(1)

Affected Retail Establishment means any retail establishment

located within or doing business within the geographical limits of the City of
Tybee Island.
(2)

City Sponsored Event means any event organized or sponsored

by the City of Tybee Island or any Department of the City of Tybee Island.

(3)

Customer means any person obtaining goods from an Affected

Retail Establishment, Grocery store, Restaurant, Vendor, Pharmacy or Non-Profit

Vendor.
(4)

Exempt Bag means (i) a bag without handles used to carry

produce, meats, dry goods or other non-prepackaged food items to the point of
sale within a store or market or to prevent such food items from coming into
direct contact with other purchased items; or (iii) any other bag to be exempted
from the provisions of this ordinance as determined by the Mayor and City
Council.
(5)

Grocery Store means any dealer in staple foodstuffs, meats,

produce and dairy products and usual household supplies.

(6)

Non-Profit Vendor means a recognized tax exempt organization which

provides goods as a part of its services.

(7)

Person means any natural person, firm, corporation, partnership or

other organization or group however organized.

(8)

Plastic Bag means a bag made predominantly or derived from

natural gas, petroleum or a biologically-based source, such as corn or other plant

sources.
(9)

Plastic Carry-Out Bag means any bag made predominantly or

derived from either petroleum or a biologically-based source, such as corn or other

plant sources, which is provided to a customer at the point of sale to carry their goods.
Plastic carryout bag includes compostable and biodegradable bags but does not
include reusable bags, or produce bags.
(10)

Recyclable means material that can be sorted, cleansed, and

reconstituted using the City of Tybee Islands available recycling collection programs
for the purpose of using the altered form in the manufacture of a new product.
Recycling does not include burning, incinerating, converting, or otherwise thermally
destroying solid waste.
(11)

Recyclable Paper Bag means a paper bag that contains no old

growth fiber and is 100% recyclable."

(12) Retail Establishment means any commercial business facility that sells
goods directly to the ultimate consumer including but not limited to grocery stores, restaurants,
pharmacies, liquor stores, mini-marts, retail stores and other vendors selling clothing, food and
personal items.
(13)

Restaurant means any business establishment where food or

beverages may be purchased by customers.

(14)

Reusable Bag means a bag that is specifically designed and

manufactured for multiple reuse and is either: (1) made of cloth or other machine
washable fabric; or (2) made of other durable material suitable for reuse.
(15)

Vendor means any store, shop, restaurant, sales outlet or other

commercial establishment located within or doing business within the City of Tybee
Island, which provides perishable or nonperishable goods in exchange for money.
(B) Plastic Carry-Out Bags Prohibited.
(1)

It shall be unlawful for any affected retail establishment to provide

plastic carry-out bags to customers at the check stand, cash register, point of sale, or other
point of entrance or departure to the retail establishment. This applies to both for-profit
and non-profit entities, establishments, stores or vendors. This prohibition applies to all
bags provided for the purpose of carrying away goods from the point of sale, excluding
produce bags, reusable bags or recyclable paper bags.
(2)

It shall also be unlawful for any affected retail establishment to

provide non-reusable or non-recyclable paper bags to customers at the check stand, cash
register, point of sale, or other point of entrance or departure to the retail establishment.
(3)

A retailer subject to requirements for single-service and single-use

articles and items for use in food service pursuant to rules promulgated by the
Department of Human Resources Public Health, shall display a sign in a location
viewable by customers containing the following notice: The City of Tybee Island
discourages the use of single-use plastic and paper bags to protect our environment from
excess litter and greenhouse gases. We would appreciate our customers using reusable
bags, but if you are not able to, a 100% recycled paper bag will be furnished for your
use.
(4)

Affected retail establishments are strongly encouraged to provide

incentives for the use of reusable bags through education and through credits or rebates

for customers that use reusable bags at the point of sale for the purpose of carrying away
goods.
(5)

No person shall distribute plastic carry-out bags or non-reusable or

non-recyclable paper bags at any City facility or any event held on City property.
(6)

This Ordinance shall not apply to single-use plastic meat and

produce bags, without handles, distributed in a grocery store exclusively for the purpose
of transporting produce, raw meat and poultry to the point of sale.
(7)

This Ordinance shall not apply to plastic zip closing bags or

plastic bags sold as a consumer item at any grocery store or affected retail
establishment. Notwithstanding this exemption, plastic carry-out bags cannot be sold to
any customer at any affected retail establishment as a consumer item or otherwise.
(8)

No plastic carry-out bags, including plastic carry-out bags

obtained from stores in areas where plastic carry-out bags are not prohibited, are
allowed to be brought on the beach, onto City property or used on the beach or on City
property for any purpose.
(C) Exemptions.
(1)

The City Manager, or his/her designee, upon his/her sole discretion,

may exempt an Affected Retail Establishment, Grocery Store, or Vendors from the
requirements of this Ordinance for a period of up to an additional 6 months after the operative
date of this Ordinance, upon sufficient showing by the applicant that the provisions of this
Ordinance would cause undue hardship. The phrase undue hardship includes:
(a)

Situations where there are no acceptable alternatives to

Plastic Carry-Out Bags for reasons which are unique to the Affected Retail
Establishments, Grocery Stores, Restaurants, or Vendors;
(b)

Situations where compliance with the requirements of

this Code would deprive a person of a legally protected right; or,

(2)

Where compliance with this ordinance would be in conflict with

health regulation(s) or rule(s) promulgated by, the local Board of Health having
jurisdiction, the Georgia Department of Public Health, or any regulation(s) or rule(s)
promulgated by the Federal Government, the City Manager, or his/her designee, upon

his/her sole discretion may exempt an affected retail establishment from the
requirements of this Ordinance.
(D) Enforcement and violation.
(1)

It shall be unlawful for any person to violate the provisions of this Article.

Upon the first violation, the City can issue a written warning. Thereafter, and only after a written
warning has been given for a prior violation, all subsequent violations of this Article shall be
punishable as though this were a violation for littering pursuant to Tybee Code Sec. 42-64.
(2)

All fines collected pursuant to this Article shall be deposited into the

General Fund and shall be utilized exclusively to assist the City with implementing and enforcing
the requirements of this Article.
(E)

Effective Date. This Ordinance shall become operative six (6) months after the date

upon which it is finally adopted by the City of Tybee Island.

SECTION 2
The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable
and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance.
SECTION 3
All ordinances and parts of ordinances in conflict herewith are expressly repealed.
SECTION 4
It is the intention of the governing body, and it is hereby ordained, that the provisions of
this ordinance shall become and be made a part of the Code of Ordinances, City of Tybee Island,

Georgia, and the sections of this ordinance may be renumbered if necessary to accomplish such
intention.
SECTION 5
This Ordinance shall become effective upon its adoption by the Mayor and Council
pursuant to the ordinances of the City.
ADOPTED THIS

DAY OF

, 2015.

______________________________
MAYOR
ATTEST:

CLERK OF COUNCIL
FIRST READING:

______

SECOND READING: ______

ENACTED:

Tybee/Ordinances/14-2015 plastic bags 04.21.15 TEB