A. The purpose of this chapter is to ban thin-film plastic single-use carryout bags and prohibit the free distribution of paper bags or reusable bags by certain types of retail establishments in the city in order to reduce litter and protect the natural resources and environment within the city.

B. Pursuant to Article XI, Section 7 of the California Constitution, the city may adopt and enforce ordinances and regulations not in conflict with general laws to protect and promote the public health, safety and welfare of its citizens.

C. This chapter protects and promotes the public health, safety and welfare by prohibiting the use of single-use carryout bags by consumers and promoting a shift to reusable bags and overall reduction of bag use at certain types of retail establishments.

D. Single-use carryout bags contribute to environmental problems, including litter in storm drains, creeks, the Monterey Bay, and the ocean and environmental impacts caused by such litter.

E. The city borders or is in close proximity to the Monterey Bay National Marine Sanctuary, a federal preserve that supports one of the most diverse and delicate ecosystems in the world. This sanctuary provides habitat for at least thirty-three mammals, ninety-four species of seabird, three hundred forty-five species of fish, and contains the largest kelp forest in the nation. Bag litter that enters these and other coastal habitats can as a result of ingestion or entanglement adversely affect sensitive species that inhabit these coastal and marine environments, including leatherback sea turtles, seals, fish, sea otters, and bird species.

F. Reducing the amount of single-use carryout bags in the city would result in an incremental reduction in the amount of litter that enters the storm drain system and local waterways, thereby improving water quality and natural resources within the city and surrounding areas outside of the city’s jurisdictional boundaries.

G. Prohibiting specified types of retail establishments from using thin-film plastic single-use carryout bags and requiring a charge for recycled paper bags and reusable bags will reduce litter and benefit the environment by encouraging customers to use reusable bags and to reduce overall bag use.

H. The council does, accordingly, find and declare that it should restrict single-use carryout bags and require a charge for recycled paper bags and reusable bags. (Ord. 2014-05 § 1 (Exh. 1), 2014)