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Home My WebLink About2008-17 - Eliminating the Use of Polystyrene Disposable Food Service Ware Within Newport Beach’s Corporate Limit. [eff. 180 days from adoption]ORDINANCE NO. 2008 -17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ELIMINATING THE USE OF EXPANDED POLYSTYRENE DISPOSABLE FOOD SERVICE WARE WITHIN NEWPORT BEACH'S CORPORATE LIMITS WHEREAS, the City of Newport Beach has a duty to protect the natural environment, the economy, and the health of its citizens; and WHEREAS, Expanded Polystyrene (EPS) is not biodegradable and as a result persists in the environment for hundreds and possibly thousands of years; and WHEREAS, EPS material easily breaks down into smaller pieces and is so light that it floats in water and is easily carried by the wind, even when it has been disposed of properly; and WHEREAS, numerous studies have documented the prevalence of EPS debris in the environment, including in storm drains and on beaches; and WHEREAS, marine animals and birds often confuse EPS for a source of food and the ingestion of EPS often results in reduced appetite and nutrient absorption and possible death by starvation of birds and marine animals; and WHEREAS, due to the physical properties of polystyrene, the EPA states "that such materials can also have serious impacts on human health, wildlife, the aquatic environment and the economy." and WHEREAS, there are several alternatives to EPS disposable food service ware available in Newport Beach from existing packaging suppliers; and WHEREAS, it is the City's desire to reduce the amount of marine pollution and to protect local wildlife, both of which increase the quality of life to Newport Beach residents and visitors, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.05 is hereby added to the Newport Beach Municipal Code as follows: Chapter 6.05.010. Definitions. A. "Biodegradable" refers to the ability of a material to decompose into elements normally found in nature within a reasonably short period of time after disposal. B. "City Facilities" means any building, structure or vehicles owned or operated by the City of Newport Beach, its agent, agencies, departments and franchisees. C. "Customer" means any person obtaining prepared food from a restaurant or retail food vendor. D. "Disposable Food Service Ware" means all containers, bowls, plates, trays, cartons, cups, and other items that are designed for one -time use and on, or in, which any restaurant or retail food vendor directly places or packages prepared foods or which are used to consume foods. This includes, but is not limited to, service ware for takeout foods and /or leftovers from partially consumed meals prepared at restaurants or retail food vendors. E. Expanded Polystyrene" (EPS) means polystyrene that has been expanded or "blown" using a gaseous blowing agent into a solid foam. EPS is sometimes called "Styrofoam "; a Dow Chemical Co. trademarked form of polystyrene foam insulation. F. "Food Vendor" means any restaurant or retail food vendor located or operating within the City of Newport Beach. G. "Polystyrene" means and includes expanded polystyrene which is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion -blow molding (extruded foam polystyrene). H. "Prepared Food" means food or beverages, which are served, packaged, cooked, chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the food vendor s premises and within the City of Newport Beach with the intent of consumption on or off the premises, as the balance of an unfinished meal or as "takeout food ". For the purposes of this ordinance, "prepared food" does not include raw, butchered, ground, chopped, or sliced meats, fish and /or poultry sold from a butcher case or similar retail appliance for subsequent preparation. I. "Restaurant" means any establishment located within the City of Newport Beach that sells prepared food for consumption on, near, or off its premises by customers. "Restaurant," for purposes of this Chapter, includes mobile food preparation units as defined in chapters 6.08.120 and 6.08.130 of the City of Newport Beach Municipal Code. J. "Retail Food Vendor" means any store, shop, sales outlet, or other establishment, including a grocery store or a delicatessen, other than a restaurant, located within the City of Newport Beach that sells prepared food. Chapter 6.05.020. Prohibited food service ware. A. Except as provided in section 6.05.030 of this Chapter, food vendors are prohibited from providing prepared food to customers in disposable food service ware made from expanded polystyrene. B. All City Facilities, City - managed concessions, City sponsored events, and City permitted events are prohibited from using disposable food service containers made from expanded polystyrene. Chapter 6.05.030. Exemptions. A. Prepared foods prepared or packaged outside the City of Newport Beach are exempt from the provisions of this Chapter. B. Emergency Supply and Services Procurement: In a situation deemed by the City Manager to be an emergency for the immediate preservation of the public peace, health or safety, City facilities, food vendors, City franchises, contractors and vendors doing business with the City shall be exempt from the provisions of this Chapter. Chapter 6.05.040. Undue Hardship. A. The City Manager or his/her designee may exempt a food provider from the requirements of this ordinance for up to a one year period, based upon a written request from the applicant containing sufficient information to determine that the conditions of this ordinance would cause undue hardship. An "undue hardship° shall be found in the following situations: 1. Situations unique to the food provider where there are no reasonable alternatives to expanded polystyrene disposable food service ware and compliance with this Chapter would cause significant economic hardship to that food provider; 2. Situations where no reasonably feasible available alternatives exist to a specific and necessary expanded polystyrene food service ware. A food vendor granted an exemption by the City must reapply prior to the end of the exemption period and demonstrate continued undue hardship, if it wishes to have the exemption extended. Extensions may only be granted for intervals not to exceed one year. B. An exemption application shall include all information necessary for the Assistant City Manager or his/her designee to make his /her decision, including but not limited to documentation showing the factual support for the claimed exemption. The Assistant City Manager or his/her designee may require the applicant to provide additional information to permit the Director to determine facts regarding the exemption application. C. The Assistant City Manager or his/her designee may approve the exemption application, in whole or in part, with or without conditions. D. Exemption decisions are effective within thirty (30) days, unless appealed to the City Manager within fifteen (15) days. The City Managers decision shall be final. Chapter 6.05.050. Enforcement. A. Any person violating or failing to comply with any of the requirements of this Chapter shall be guilty of an infraction pursuant to Section 1.04.010, and shall be subject to citation and fines pursuant to Chapter 1.05, Newport Beach Municipal Code. B. The City Attorney may seek legal, injunctive, or other equitable relief to enforce this Chapter. SECTION 2. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 180 days from its adoption. This ordinance was Newport Beach held following vote, to wit: ATTEST: CITY CLERK introduced at a regular meeting of the City Council of the City of on October 14, 2008, and adopted on October 28, 2008, by the AYES, COUNCIL MEMBERS Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich. NOES, COUNCIL MEMBERS None ABSENT, COUNCII STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2008 -17 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of October 2008, and that the same was so passed and adopted by the following vote, to wit: Ayes: Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich \Toes: None Absent: Henn Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of October 2008. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2008 -16 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: November 1, 2008. 2008. y� r In witness whereof, I have hereunto subscribed my name this J" ° ° t day of 8(lP CA§ Clerk City of Newport Beach, California