The Crested Butte News Serving the Gunnison Valley since 1999
Ban after two years, no fees, small signs required
by Mark Reaman
In a discussion that seems to be lasting as long as it takes a plastic bag to biodegrade, the Crested Butte Town Council will once again talk about the idea of a plastic bag ban in town at the August 15 meeting.
While the council had appointed a citizen’s group with council representation to study the issue, conducted numerous work sessions and council meetings over the issue and even defeated a proposed single use plastic bag ban in July by a 4-3 vote, the council asked the staff to come up with a new proposed ordinance for August 15.
That ordinance will ban most single-use plastic bags in Crested Butte, with some exceptions after a two-year phase-out period. There will be no fees imposed on local retailers for distributing recyclable paper bags, and it puts restrictions on the type of paper bags businesses in town can use once plastic is phased-out.
In a report to the council at the August 5 meeting, town attorney John Belkin said he had researched the fee issue and for a fee to be legal in Colorado, “it must have a nexus and be administered by the town,” the report stated. “Because the council was in agreement at the last meeting as to no town involvement in the collection of the fee, the fee and everything associated with the fee has been eliminated from the new proposed ordinance.”
That’s not to say the council didn’t find something in the proposed ordinance to debate. They extensively discussed the mandate for a sign to be placed in every business as part of the ordinance. Councilman Chris Ladoulis said the section of the ordinance mandating the sign was “ambiguous.” He said that since the town has ordinances regulating a lot of things from sound to lighting to many other things and signage isn’t required, he was uncomfortable with this part of the proposal.
“If we were to start requiring signs for every rule we have to explain why we have it, there would be a plethora of signs required to be posted on the very valuable space in retail establishments,” he said. “So why for this? The proposal also doesn’t have any rules about things like size and where it should be posted. It’s a big deal because there is a potential $300 fine included if a business doesn’t comply.”
The proposed ordinance requires every retailer to post a sign “in a location viewable by customers” that reads: “The Town of Crested Butte prohibits the sale or distribution of Disposable Plastic Bags in an effort to help protect our environment from excess litter, resource consumption and greenhouse gases. The Town encourages the use of Reusable Carryout Bags in all instances. If you do not have a Reusable Carryout Bag or choose to not purchase a Reusable Carryout Bag, a 100 percent recyclable paper bag is available for your use.”
“When Telluride town manager Greg Clifton was here talking about their bag ban ordinance, he said the idea was to try to encourage conduct,” said Belkin. “Their ordinance was a gentle squeeze of the shoulder about community values. Telluride is saying they are trying to encourage a different way of conduct. You can get rid of the sign. If you get rid of the sign, you are peeling back the intent more and more. This language came directly out of the Telluride ordinance.”
“I would say we need to fix that part of the proposed ordinance or strike it,” responded Ladoulis.
“I like the sign,” said councilman Jim Schmidt. “I assume they’ll be pretty small and located near the cash register.”
“The sign is the policy statement on why the town has this ordinance,” said Belkin.
“The sign could be optional so they can explain the rule,” said councilwoman Erika Vohman. “[If I were a business owner] I would want it to show people that it is isn’t just me and I am not doing it just to crush my business.”
“I think the sign says it is a ban that is citywide and the goal is to get rid of plastic bags,” said Schmidt. He suggested the sign size be like a standard 8×11 piece of paper.
“What about 4×6?” suggested Vohman.
“That would seem to be about the size of a rack card,” agreed councilwoman Laura Mitchell.
“The more we talk, the more explicit it becomes that when we mandate what a retailer has to do, we get into a downward spiral,” said Ladoulis.
The council agreed to a 4×6 minimum size for the required sign.
Vohman then attempted to revisit the idea of imposing a fee on paper bags. “We have all received hundreds of comments and emails from our constituents asking for a fee and I would like to include that with the town keeping half the money. It can be used to pay for the signs. The fee is an important driver in changing consumer behavior. I’d like to see a 20-cent fee with half going to the retailer and half to the town. I think we need to respect the wishes of our constituents.”
“I was the swing vote last time and have said very clearly it doesn’t make sense to me to have the town collect a fee,” responded Schmidt. “If the group wants money to help fund the program we have two grant cycles that they can apply to and use the money for signs or reusable bags or whatever. It is more efficient to do it that way. So come in and ask for a grant.”
In a straw poll by mayor Glenn Michel, Vohman was the only councilperson in favor of implementing the fee.
Sustainable Crested Butte member Randy Swift said he felt the changes to the proposed bag ban ordinance were “very drastic” from where the idea started.
Michel said the public would have ample opportunity to comment at the public hearing on August 15.
With that, the ordinance was put on the agenda for the next meeting.
