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HomeMy WebLinkAboutOrdinance 2695 N.C.S. 11/18/20191 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 EFFECTIVE DATE OF ORDINANCE 12/18/2019 Introduced by Gabe Kearney ORDINANCE NO. 2695 N.C.S. Seconded by Kevin McDonnell ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADDING CHAPTER 8.17 TO THE PETALUMA MUNICIPAL CODE PROHIBITING THE USE AND SALE OF SPECIFIED DISPOSABLE FOOD SERVICE WARE AND OTHER PRODUCTS CONTAINING POLYSTYRENE FOAM WHEREAS, the California Integrated Waste Management Board ("CIWMB") estimates that Californians use 165,000 tons of expanded polystyrene (foam and StyrofoamTM products) each year for packaging and food service purposes; and WHEREAS, a 2004 study by the CIWMB ranked polystyrene's environmental impacts second highest among materials in terms of both manufacturing and disposal, behind aluminum, in the categories of energy consumption, greenhouse gas emissions and total environmental effect; and WHEREAS, a 2014 waste characterization study performed on behalf of the California Department of Resources Recycling and Recovery ("Cal Recycle") estimated that 11,310 tons of remainder/composite plastic materials, including polystyrene food ware, were disposed in Sonoma County; and WHEREAS, according to the 2004 CIWMB study, as well as studies published in Materials 25 Science and Technology, a trade journal, expanded polystyrene is not fully biodegradable, takes 26 hundreds of years to deteriorate or breakdown in the environment or a landfill, and currently no 27 effective or economically feasible means of recycling polystyrene is available in Sonoma County; 28 and 29 30 WHEREAS, according to the 2004 CIWMB study, a 2009 United Nations Environment 31 Programme Report on Marine Litter, and Environment California, a non-profit organization, 32 polystyrene foam litter breaks down into smaller, non -biodegradable pieces that pose significant Ordinance No. 2695 N.C.S. Page 1 1 threats to marine and other wildlife from ingestion, and poses an environmental threat to creeks and 2 waterways due to its potential for clogging estuaries; and 3 4 WHEREAS, according to Cal Recycle, polystyrene foam litter contaminates the public 5 drainage systems, requiring the expenditure of limited public infrastructure maintenance resources 6 for removal and disposal, and; 7 8 WHEREAS, over one hundred -twenty jurisdictions in California have adopted ordinances 9 banning the use of polystyrene foam packaging, with local and national businesses successfully 10 replacing polystyrene packaging with affordable, durable, recyclable and/or biodegradable 11 alternatives; and 12 13 WHEREAS, although clean polystyrene is recyclable, there are no curbside polystyrene 14 recycling programs within Sonoma County due to its low density and high transportation cost; 15 16 WHEREAS, Petaluma is situated near the Sonoma Coast and near waterways which drain to 17 the marine environment, and marine animals and birds often confuse polystyrene foam pieces with 18 food and ingest them, which often leads to death, according to Environment America, a non-profit; 19 and 20 WHEREAS, it is the desire of the City of Petaluma to preserve natural resources, protect wildlife 21 and natural habitat, reduce waste, litter and marine pollution and protect the public health, safety 22 and welfare 23 24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Petaluma as follows; 25 Section 1. Recitals. The above recitals are hereby declared to be true and correct and 26 hereby incorporated into this ordinance as findings of the City Council. 27 Section 2. CEQA Compliance. The City Council finds this ordinance is exempt from 28 environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 29 15061(b) (3) of Title 14 of the California Environmental Code of Regulations because it can be seen 30 with certainty that there is no possibility that the ordinance will have a significant negative effect on 31 the environment, and on the separate but related ground that the ordinance is an action of the 32 City to assure the maintenance, restoration, enhancement, or protection of the environment where 33 the regulatory process involves procedures for protection of the environment in accordance with 34 Section 15308 of the CEQA Guidelines. The restrictions on polystyrene products contained in the 35 proposed ordinance constitute regulatory procedures for protection of the environment in Ordinance No. 2695 N.C.S. Page 2 1 accordance with Section 15308 of th3 CEQA Guidelines because the ordinance provisions will 2 reduce the negative environmental impacts of disposal of polystyrene products. 3 Section 3. Authority. The City Council adopts this ordinance in reliance on the City's police 4 power as a California municipal corporation and charter city pursuant to Article XI, Sections 5 and 7, 5 of the California Constitution. 6 Section 4. Chapter 8.17 Entitled "Sale and Use of Polystyrene Foam Products" is hereby 7 added to the Petaluma Municipal Code to read as follows: 8 9 8.17.010 Purpose. 10 The purpose of this chapter is to regulate the sale and use of specified disposable food service ware 11 and other products containing polystyrene foam in the city to protect the environment and the 12 public health, safety and welfare from the environmental impacts of such products. Large volumes 13 of polystyrene foam products are disposed of in Sonoma County, and such products are not fully 14 biodegradable, and currently have no locally available, economically feasible recycling program. 15 Polystyrene foam products also pose a threat to marine and other wildlife as well as to creeks and 16 waterways and contaminate the public drainage system. This chapter is intended to reduce the 17 environmental and public health, safety and welfare threats from disposal of polystyrene foam 18 products. 19 8.17.020 Definitions. 20 For purposes of this Chapter, the following definitions shall apply: 21 A. "City" means the City of Petaluma, California, a California municipal corporation and 22 charter city, and the area within the territorial limits of the City. 23 B. "Disposable food service ware" includes all containers, bowls, plates, trays, cartons, cups, 24 lids, straws, stirrers, forks, spoons, knives, napkins and other food ware items designed for one - 25 time use for prepared foods, including, without limitation, service ware for take-out foods 26 and/or leftovers from partially consumed meals prepared by food providers. The term 27 "disposable food service ware" does not include items composed entirely of aluminum. 28 C. "Food provider" means any vendor, business, organization, entity, group or individual, and 29 includes retail food establishments located or providing food within the city that offer food or 30 beverages for sale or purchase to the public. 31 D. "Person" means natural person, joint venture, joint stock company, partnership, association, 32 club, company, corporation, business, trust, organization, or the manager, lessee, agent, 33 servant, officer or employee of any of them. Ordinance No. 2695 N.C.S. Page 3 1 E. "Polystyrene foam" means blown polystyrene and expanded and extruded foams 2 (sometimes called StyrofoamTm) which are thermoplastic, petrochemical materials utilizing a 3 styrene monomer processed by any number of techniques including, but not limited to, 4 fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, 5 and extrusion -blown molding (extruded foam polystyrene). Polystyrene foam is generally 6 used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons. 7 Polystyrene products subject to this chapter are those imprinted with the number 6 resin 8 identification code, as illustrated by the number six inside a triangle with three arrows (z). 9 F. "Prepared food" means food or beverages prepared for consumption within the city, using 10 any cooking or food preparation technique. Prepared food includes food prepared for 11 consumption off the food provider's premises, also known as "take-out" food. 12 G. "Retail vendor" means any store or other business that sells retail goods or merchandise and 13 that is located or operating within the city. 14 8.17.020 Prohibited polystyrene food service ware and products. 15 Beginning on and after May 1, 2020, except as otherwise provided in this chapter, food providers 16 shall not sell, hand out, give away, distribute or otherwise make available for public or customer use 17 prepared food in disposable food service ware that contains polystyrene foam. 18 8.17.030 Prohibited polystyrene retail sales. 19 Beginning on and after May 1, 2020, except as otherwise provided in this chapter, no retail vendor 20 shall sell, rent or otherwise provide any disposable food service ware which is composed in whole or 21 in part of polystyrene foam, and no retail vendor shall sell, rent or otherwise provide the any of 22 following products that contain polystyrene foam; 23 A. coolers, ice chests, or similar containers, unless they are wholly encapsulated or encased 24 within a more durable material so as to be durable and reusable; 25 B. pool or beach toys, not including personal floatation devices such as life jackets; and 26 C. packing peanuts or other packaging materials. 27 8.17.040 Exemptions. 28 A. The City Manager or the City Manager's designee may waive the applicability of this 29 chapter to food providers and retail vendors for a one-year period upon the City Manager 30 or City Manager's designee determining, in his or her sole discretion, that this chapter would 31 create an undue hardship or practical difficulty not generally applicable to other persons. To Ordinance No. 2695 N.C.S. Page 4 1 be eligible for waiver, food providers and retail vendors must apply in writing to the City 2 Manager's office documenting how this chapter would create an undue hardship. 3 Determinations regarding waiver applications shall be in writing. Waivers may be granted in 4 whole or in part, with or without conditions, and shall expire one year after issuance without 5 further action of the city. To renew a waiver granted pursuant to this paragraph, food 6 providers and retail vendors must reapply at least 30 days prior to expiration of the waiver. 7 Renewal waiver applications are subject to the same requirements as new waiver 8 applications. 9 B. Foods prepared or packaged outside the city and sold inside the city are exempt from the 10 provisions of this chapter. 11 C. Polystyrene products, that such as insulation or personal flotation devices, that are 12 completely encased in a more durable material are exempt from the provisions of this 13 chapter. Examples of such exempted products include, but are not limited to, surfboards, 14 boats, life preservers, construction materials, craft supplies, and coolers in which polystyrene 15 materials are encased in more durable material. 16 D. Packaging for raw, uncooked meat and fish is exempt from the provisions of this chapter. 17 8.17.050 Enforcement and penalties. 18 A. Informal resolution. The city may in the city's sole discretion seek informal resolution of 19 violations of this chapter. 20 21 22 23 24 25 26 27 28 29 30 31 32 B. Violations a nuisance. Violations of this chapter are hereby declared to be public nuisances in accordance with Chapter 1.10 of this code, and subject to enforcement in accordance with Chapter 1. 10, Code Enforcement Generally, Chapter 1. 13, Violations Enforced by Civil Action, Chapter 1. 14, Administrative Enforcement, and Chapter 1. 16, Administrative Citations, of this code. C. Business license revocation. The city business licenses of persons in violation of this chapter are subject to suspension or revocation in accordance with Section 6.01.350 of this code. S. 17.060 No city duty created. This chapter does not create, and may not be construed so as to create, any city duty to implement or enforce the requirements of this chapter. Ordinance No. 2695 N.C.S. Page 5 1 8. 17.070 No cause of action against the City. 2 To the maximum extent permitted by law, nothing in this chapter may be construed to create a 3 cause of action against the city or a basis for seeking an award of attorneys' fees against the city 4 pursuant to the private attorney general's statute in California Code of Civil Procedure Section 5 1021.5 or on any other basis arising from or related to alleged violations of the requirements of this 6 chapter and/or based on or related to the city's prosecution or enforcement or alleged failure to 7 prosecute or enforce such alleged violations, and/or based on or related to the city's 8 implementation or alleged failure to implement the requirements of this chapter. 9 10 Section 5. Severability. If any section, sentence, clause or phrase of this ordinance or the 11 application thereof to any entity, person or circumstance is held for any reason to be invalid or 12 unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or applications 13 of this ordinance which can be given effect without the invalid provision or application, and to this 14 end the provisions of this ordinance are severable. The City Council hereby declares that it would 15 have adopted this ordinance and each section, sentence, clause or phrase thereof, irrespective of 16 the fact that any one or more section, subsections, sentences, clauses or phrases be declared 17 invalid or unconstitutional. ii .� 19 Section 6. Effective Date. This ordinance shall become effective thirty (30) days after its 20 adoption by the City Council. By their express terms, the prohibitions in Sections 8.17.020 and 21 8.17.030 will not become effective until May 1, 2020. 22 23 Section 7. Publication. The City Clerk is hereby directed to post and/or publish this 24 ordinance or a synopsis for the period and in the manner provided by the City Charter and any 25 other applicable law. The City Clerk is also hereby directed to file a Notice of Exemption 26 concerning this ordinance with the Office of the Sonoma County Clerk in accordance with Section 27 15062 of the CEQA Guidelines. 28 29 30 INTRODUCED, and ordered shed/posted this 21St day of October 2019. 31 32 ADOPTED this 18th day of November 2019, by the following vote: 33 34 Ayes: Fischer, Healy, Kearney, King, Vice Mayor McDonnell, Miller 35 Noes: None 36 Abstain: None 37 Absent: Mayor Barrett 38 Ordinance No. 2695 N.C.S. Page 6 } �' %PWAM�)� ia­m-"anfha Pascoe, Deputy City Clerk Kev'I'n M(!iDonnell, Vice Mayor Eric W. Danly, City Attorney Ordinance No. 26Y5N.C.S.