The answer to the city's plastic bag problem could be in a bylaw that would prohibit littering rather than a ban on plastic shopping bags, says Acting Mayor Jeanine Myhre.

At Monday night's city council meeting, Myhre questioned whether a delegate opposing the plastic bag ban would support an anti-litter bylaw.

The ban would mean shops couldn't give or sell plastic shopping bags when customers buy something.

Coun. Jan Stick, who has already stopped giving away the bags at her Well Read Books shop, proposed the city-wide ban in March.

It's expected city management officials will bring forward a report on its implications for council to consider later this month.

Stick cited litter problems, the negative environmental impacts and the significant number of bags going to the landfill in bringing forward the bylaw.

The delegate, veteran Whitehorse business owner Regent Therrien, argued the regulation against throwing litter out into general areas is already on the books. However, Myhre had discovered there's no such bylaw in place.

"It turns out it's not," she told Therrien.

While there's no litter bylaw in place, bylaw manager John Taylor said this morning there are provisions under the city's maintenance bylaw to deal with garbage.

Under the bylaw, building owners or occupants must keep their premises and sidewalks in front clean of any refuse.

Generally, the bylaw department works with the businesses and property owners to have sites cleaned up if they are in disrepair or need to be tidied up, he said.

There are also provisions under the parks and recreation bylaw that restrict the dumping of garbage in greenbelts, he said.

On a territorial level, the Motor Vehicles Act also deals with littering, Taylor said.

Myhre said she'd rather see a littering bylaw established than the plastic bag ban.

While she agrees with the proposed ban's goal to deal with the littering of the bags, it wouldn't be targeting the right people who are littering, she argued.

"It really bothers me philosophically," Myhre said of banning plastic shopping bags. "We're not punishing the people that are having the problem. We're punishing everybody."

Instead, there should be fines in place for people found littering rather than punishing others, she argued.

"At this rate, we should ban Tim Hortons," Myhre commented, noting many residents use plastic bags responsibly.

During his presentation, Therrien noted customers regularly bring their own plastic bags from other stores to his Peacock

Sales shop and he's re-used plastic shopping bags at the store since 1983.

He questioned whether the city had considered the "stress and dilemma" the ban would create for dog owners who use the bags for "poop and scoop".

"I'm not sure it's proper," Therrien argued.

He would rather see the situation remain as it is with choices for shoppers.

"I suggest business give the choice to the customer," he said, after arguing Whitehorse doesn't have the same problem with plastic bags larger centres like Toronto or Vancouver might.

"The law would be totally unenforceable," he said. He questioned whether the city would hire more bylaw officers or pick "victims" at random when it's enforced.

Therrien also asked whether the ban would extend to produce bags and other goods.

"What's next - condoms?" he questioned.

Coun. Dave Stockdale asked him what he would do if the ban actually did pass. Therrien said he would follow the law, but would prefer to have a choice in the matter.

Stick was absent from last night's meeting. While Myhre hasn't discussed her proposal with Stick, she said she will wait until the issue comes up on the council schedule to possibly bring forward a litter bylaw.