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Avalon, California
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June 30, 2017     The Catalina Islander
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Ordinance No, 1159-17_ AN ORDINANCE OF THE CITY OF AVALON TO ADD CHAPTER 14 TO TITLE 6 OF THE CITY MUNICIPAL CODE TO PROHIBIT THE USE OF POLYSTYRENE PRODUCTS FOR PREPARED" FOOD SERVICE WARE AND TO ESTABLISH THE PENALTIES FOR VIOLATION THEREFOR WHEREAS, the City Council supports the Council goal to pursue environmental sustainability; and WHEREAS, the City Council desires to conserve resources and reduce greenhouse gas (GHG) emissions, waste, litter, and pollution; and WHEREAS, a shift to reusable, and cOmpostable alternatives for food service ware is consistent with and will help implement the Council goal to pursue environmental sustainability; and WHEREAS, despite its lightweight characteristics, polystyrene foam impacts the solid waste stream and environment disproportionately because it is non-biodegradable and persist in the environment; and WHEREAS, even after polystyrene foam has broken into pieces, its lightweight nature causes it to easily blow out of trash cans and landfills,.contributing to litter in wetlands and other habitat areas where it can be ingested by wildlife; and WHEREAS, most food service ware, with the notable exception of polystyrene foam products, are now accepted for recycling or composting in the City's recycling program; NOW, THEREFORE, The City Council of the City of Avalon hereby ordain as follows: SECTION 1. The City Council hereby adopts the recitals of this Ordinance as true and correct and such recitals are hereby incorporated by reference as though fully set forth in the text of this Ordinance. SECTION 2. Chapter 14 shall be added to Title 6 of the city of Avalon's Municipal Code as follows: CHAPTER 14 ENVIRONMENTALLY ACCEPTABLE FOOD PACKAGING Sec. 6-14-101 Purpose. The purpose of this chapter is to prohibit the use of polystyrene food service ware; as set forth herein in order to protect the health and welfare of Avalon citizens and promote environmentally sustainable practices in the City. Sec. 6-14.102 Definitions. Unless otherwise expressly stated, whenever used in this chapter, the following terms shall have the meanings set forth below: "City Facility" means any building, structure, property, park, open space, or vehicle owned or leased by the City, its agents, agencies, or departments. "City Contractor" means any person that enters into an agreement with the City to furnish products or services to or for the City. "City-Sponsored Event" means any event, activity or meeting organized or sponsored, in whole or in part, by the City or any department of the City. "Disposable Food Service Ware" or "Disposables" means single- use, disposable products used for serving or transporting Prepared Food, including but not limited to plates, bowls, trays, wrappers or wrapping, platters, cartons, condiment containers, cups or drink ware, or any other container in or on which Prepared Foods are placed or packaged for consumption. This definition excludes single- use disposable straws, plastic carry-out bags, cup lids, and utensils. "Recycle Code" means a resin identification code placed on plastics to identify the material composition for separation of different types of plastics for recycling. Sec. 6-14.103 Requirements. On and after January 1,2018: A. No Food Provider shall distribute or sell Prepared Food in any Polystyrene Food Service Ware at any location within the City. B. Food Providers that distribute Prepared Food in Disposable Food Service Ware shall 3. The City Manager's written decision on the exemption is effective within ten (10) days of the decision. Decisions of the City Manager may be appealed by the Person applying for the exemption to the City Council. Appeals shall be filed in writing-with the City Clerk within ten (10) days of the decision and shall be accompanied by a fee set by resolution of the City Council. Notice of hearing shall be given to the applicant at least ten (10) days prior to the hearing. The City Council shall make its decision within sixty (60) days of receiving the appeal. Sec. 6-14.105 Penalties. A. Any person donvicted of a violation of this chapter is guilty of an infraction, which is punishable pursuant to the penalty (I) distribute only Disposables that exhibit a Recycle Code provisions set forth as follows: other than No. 6 or PS, and (2) maintain documentation about the composition of the Disposable Food Service Ware. Documentation Rrst Offense: a written warning notice will be may include information from the supplier, manufacturer, or bulk given with thirty (30) days to comply; packaging for the Disposables, and any other relevant information Second Offense: within a six (6) month period shall be demonstrating that the disposable material is not polystyrene, subject to a fine not exceeding one hundred dollars ($100); C. No Person shall distribute or sell Prepared Food in any Polystyrene Food Service Ware at City Facilities that have been rented, leased or are otherwise being used with-permission of the City. This subsection is limited to use of City Facilities for which a Person has entered into an agreement with the City to rent, lease or otherwise occupy a City Facility. All facility rental agreements for any City Facility shall include a provision requiring contracting parties to assume responsibility for preventing the utilization and/ or distribution of Polystyrene Food Services Ware while using City Facilities. The facility rental agreement shall indicate that a violating contractor's security deposit will be forfeited if the City manager or his/her designee determines that Polystyrene Food Services Ware was used in violation of the rental agreement. D. No Person shall use or distribute Polystyrene Food Service Ware at City-sponsored events, City-managed concessions and City meetings open to the public. This subsection shall apply to the function organizers, agents of the organizers, City Contractors, Food Providers, and any other Person that enters into an agreement with one or more of the function sponsors to sell or distribute Prepared Food or otherwise provide a service related to the function. E. The City, its departments, and its City Contractors, agents and employees acting in their official capacity, shall not purchase or acquire Polystyrene Food Services Ware, or distribute it for public use. E All Food Providers required by the Code to have a business license shall certify compliance with this chapter on their annual business license renewal application. G. The City encourages all businesses located within or outside the City limits to avoid using all Polystyrene Foam packaging. Sec. 6-14.104 Exemptions. A. The following are exempt from the provisions of this chapter:- 1. Food prepared or packaged outside of the such food is not altered, packaged or repackaged within the City limits. City, provided "Food Provider" means any person or place that provides or sells 2. Food provided by the Long Beach Unified School District Prepared Food within the City to the general public to be consumed under its official food service program. on the premises or for take-away consumption. Food Provider 3. Coolers and ice chests made of Polystyrene intended includes but is not limited to (1) a grocery store, supermarket, for reuse. restaurant, drive-thnJ, caf~, coffee shop, snack shop, public food market, farmers' market, convenience store, or similar fixed place 4. Food brought by individuals for personal consumption where Prepared Food is available for sale on the premises or for to City Facilities, including but not limited to City parks take-away consumption, and (2) any mobile store, food vendor, and the beach, provided the City Facility is being used for caterer, food truck, vending machine, or similar mobile outlet. Food individual recreation or similar purposes and such facility Provider also includes any organization, group or individual that use is not part of a larger organized event that is otherwise regularly provides Prepared Food to its members or the general affiliated with the City of Avalon. ~ublic as a part of its activities or services. - B. Food Providers that are obligated to purchase or have "Person" means any person, business, corporation, or event purchased Polystyrene Food Service Ware under a contract that organizer or promoter; public, non-profit or private entity, agency, or was entered into by the Food Provider within the year prior to the institution; partnership, association Or other organization or group, operative date of this chapter are exempt from the provisions of the however organized, chapter for six months following the operative date of this chapter. "Polystyrene" means a thermoplastic petrochemical material C. The City Manager or his/her designee may exempt any utilizing the styrene monomer, including but not limited to Person from the requirements of Section 6-14.10:t following the polystyrene foam or expanded polystyrene, processed by any operative date of this chapter, as follows: number of techniques, including but not limited to fusion of polymer 1. A request for an exemption shall be filed in writing spheres (expandable bead polystyrene), injection molding, foam with the City Manager or his/her designee and shall include molding, or extrusion-blow molding (extruded foam polystyrene), documentation of the reason for the claimed exemption and clear or solid polystyrene (oriented polystyrene). The Recycle and any other information necessary for the City to make Code for polystyrene is"6' or 'PS,' either alone or in combination its decision. The City may require the applicant to provide with other letters. This definition applies to all Polystyrene Food - additional information as necessary to make the required Service Ware, regardless of whether it exhibits a Recycle Code. determination. "Polystyrene Food Service Ware" means Disposable Food Service 2. The City Manager or his/her designee may approve the Ware that contains or utilizes Polystyrene. exemption for a maximum of one (1) year, with or without "PreparedFood'means any food or beverage that is (1) ready conditions, upon finding that compliance would create to consume without any further food preparation, alteration or an undue hardship. Undue hardship shall be construed to repackaging; and (2) prepared, provided, sold or served by a include but not limited to situations where: Food Provider using any cooking, packaging or food preparation a.There is no reasonable alternative to Polystyrene Food technique. Prepared Food may be eaten either on or off the Food Service Ware for reasons that are unique to the applicant; Provider's premises. Prepared Food does not include (1) any or raw uncooked meat, poultry, fish or eggs, unless provided for consumption without further food preparation, and (2) fresh produce b. Compliance with the requirements of this chapter provided for consumption without food preparation or repackaging, would deprive a person of a legally protected right. The including fruits, vegetables, and herbs, sold by grocery stores, exemption may be extended for additional terms of up to supermarkets, food markets, farmers' markets and other food one (1) year each, upon a showing of the continuation of vendors, the legal right. Third Offense: within a one (1) year period from the second offense shall ~ subject to a fine not exceeding two hundred dollars, ($200); Subsequent Offenses: occurring within one (1) year from the second offense or Ongoing Offenses shall be subject to a fine(s) not exceeding five hundred dollars ($500) for each additional. violation within one (1) year of any prior violation B. The penalties provided herein are in addition to all other remedies authorized by law and the enumeration of certain penalties shall not preclude the application of other remedies or penalties not herein enumerated. SECTION 3. CEQA Finding. The Ordinance is exempt from the environmental review requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14 of the California Environmental Code of Regulations because it can be seen with certainty that there is no possibility that the activity in question may have a significant negative effect on the environment. Further, the proposed Ordinance is exempt from CEOA on the separate and independent ground that it is an action of a regulatory agency (the City) for the protection of the environment because it will strengthen the City's regulations regarding the distribution and sale of polystyrene products. Thus, this Ordinance is categorically exempt from the requirements of CEQA under Section 15308 of Title 14 of the California Code of Regulations as an action by a regulatory agency for the protection of the environment. SECTION 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk's office located at 410 Avalon Canyon Road, Avalon, CA 90704. The custodian of these records is the City Clerk. SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance or the application thereof to any entity, person or circumstance is held for any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council of the City of Avalon hereby declares that it would have adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 6. Effective Date; This Ordinance shall become effective thirty (30) days following its adoption. SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Avalon. PASSED, APPROVED AND ADOPTED by the City Council of the City of Avalon, California, at a regular meeting of the City Council held on the 20 day of June, 2017, by the following vote: AYES: Mayor Marshall, Councilmembers Olsen, Cassidy, Hernandez, and Sampson NOES: None ABSENT: None ABSTAIN: None Ann H. Marshall, Mayor ATTEST: Dehise A. Radde, City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER LLP Scott H. Campbell, City Attorney ID-CC-34 THE CATAUNA ISLANDER Friday, June 30, 20"17 i 5