O-2216
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City Council Meeting 1-9-07
Santa Monica, California
ORDINANCE NUMBER 2216
(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA BANNING NON-RECYCLABLE PLASTIC DISPOSABLE
FOOD SERVICE CONTAINERS
WHEREAS, there are currently approximately 300 individual restaurants and
food service businesses in Santa Monica; and
WHEREAS, many of these businesses use disposable food containers made
from expanded polystyrene (EPS) and other non-recyclable plastics; and
WHEREAS, 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
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WHEREAS, numerous studies have documented the prevalence of EPS debris
in the environment, including in storm drains and on beaches, causing Santa Monica's
residents to pay thousands of dollars in clean-up costs; 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, recycling of EPS products is not currently economically viable; and
WHEREAS, there are several alternatives to EPS disposable food service
containers available in Santa Monica from existing food packaging suppliers; and
WHEREAS, an important goal of the City's Sustainable City Plan is to procure
and use sustainable products and services; and
WHEREAS, it is the City's desire to reduce the amount of beach litter and marine
pollution and to protect local wildlife, both of which increase the quality of life for Santa
Monica's residents and visitors,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 5.44 is hereby added to the Santa Monica Municipal Code
as follows:
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5.44.010 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" refers to buildings and
structures owned or leased by the City of Santa Monica,
(c) "Disposable Food Service Container" means
single-use disposable products used in the restaurant and
food service industry for serving or transporting prepared,
ready-to-consume food or beverages. This includes but is
not limited to plates, cups, bowls, trays and hinged or lidded
containers, This does not include single-use disposable
items such as straws, cup lids, or utensils, nor does it
include single-use disposable packaging for unprepared
foods,
(d) "Expanded Polystyrene" (EPS) means
polystyrene that has been expanded or "blown" uSing a
gaseous blowing agent into a solid foam.
(e) "Food Provider" means any establishment,
located or providing food within the City of Santa Monica,
which provides prepared food for public consumption on or
off its premises and includes without limitation any store,
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shop, sales outlet, restaurant, grocery store, super market,
delicatessen, catering truck or vehicle, or any other person
who provides prepared food; and any organization, group or
individual which regularly provides food as a part of its
services.
(f) "Non-Recyclable Plastic" refers to any plastic
which cannot be feasibly recycled by a municipal recycling
program in the State of California, including polystyrene and
expanded polystyrene.
(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,
form molding, and extrusion-blow molding (extruded foam
polystyrene). The term "polystyrene" also includes clear or
solid polystyrene which is known as "oriented polystyrene",
(h) "Prepared Food" means any food or beverage
prepared for consumption on the food provider's premises,
using any cooking or food preparation technique. This does
not include any raw uncooked meat, fish or eggs unless
provided for consumption without further food preparation.
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(i) "Recyclable Plastic" means any plastic which
can be feasibly recycled by a municipal recycling program in
the State of California. Recyclable plastics comprise those
plastics with the recycling symbols #1 through #5 including
polyethylene terephthalate (PET or PETE), high density
polyethylene (HDPE), low density polyethylene (LDPE), and
polypropylene (PP).
5.44.020
Prohibition on the Use of Non-
Recyclable Plastic Disposable Food Service Containers
A. Except as provided in Section 5.44.030, food
providers are prohibited from dispensing prepared food to
customers in disposable food service containers made from
expanded polystyrene.
B. Except as provided in Section 5.44.030, food
providers are prohibited from dispensing prepared food to
customers in disposable food service containers made from
non-recyclable plastic.
C. 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 or non-recyclable plastic.
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5.44.030 Exemptions
(a) The Director of the Environmental and Public
Works Management Department (EPWM), or his/her
designee, may exempt a food provider from the
requirements of this ordinance for a one year period, upon
showing by the food provider that the conditions of this
ordinance would cause undue hardship. An "undue
hardship" shall be found in:
1. Situations unique to the food provider where
there are no reasonable alternatives to expanded
polystyrene or non-recyclable plastic disposable food service
containers 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 or non-recyclable plastic food
container,
A food provider granted an exemption by the City must re-
apply prior to the end of the one year 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.
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(b) An exemption application shall include all
information necessary for the City to make its decision,
including but not limited to documentation showing the
factual support for the claimed exemption. The Director may
require the applicant to provide additional information to
permit the Director to determine facts regarding the
exemption application.
(c) The Director may approve the exemption
application, in whole or in part, with or without conditions.
(d) Exemption decisions are effective immediately
and final and are not appealable.
5.44.040 Enforcement and Notice of Violations
A. The Director of EPWM or his/her designee
shall have primary responsibility for enforcement of this
ordinance and the Director of EPWM or his/her designee
shall have authority to issue citations for violation of this
Chapter. The Director of EPWM or his/her designee is
authorized to establish regulations or administrative
procedures and to take any and all actions reasonable and
necessary to further the purposes of this chapter or to obtain
compliance with this chapter, including, but not limited to,
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inspecting any vendor's premises to verify compliance In
accordance with applicable law.
B. Anyone violating or failing to comply with any
of the requirements of this chapter or of any regulation or
administrative procedure authorized by it shall be guilty of an
infraction.
C. The City Attorney may seek legal, injunctive, or
any other relief to enforce this chapter and any regulation or
administrative procedure authorized by it.
D. The remedies and penalties provided in this
chapter are cumulative and not exclusive of one another.
5.44.050
Penalties and Fines for Violations
Violations of this ordinance shall be enforced as
follows:
A. For the first violation, the Director of EPWM or
his/her designee, upon determination that a violation of this
chapter has occurred, shall issue a written warning notice to
the food provider which will specify the violation and the
appropriate penalties in the event of future violations.
B. Thereafter, the following penalties shall apply:
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1. A fine not exceeding one hundred dollars
($100.00) for the first violation following the issuance
of a warning notice.
2. A fine not exceeding two hundred and fifty
dollars ($250.00) for the second and any other violation that
occurs following the issuance of a warning notice.
C. Fines are cumulative and each day that a
violation occurs shall constitute a separate violation.
5.44.60 Effective Dates
A. No food provider shall distribute or utilize
disposable food service containers containing expanded
polystyrene or non-recyclable plastic on or after one year
following the adoption of this ordinance by the City Council.
B. No City facilities, City managed concessions,
City sponsored events or City permitted events shall
distribute or utilize disposable food service containers
containing expanded polystyrene or non-recyclable plastic
on or after the effective date of this ordinance
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
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inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 3. 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 4. 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 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 9th day of January, 2007.
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2216 (CCS) had its introduction on December 5,2006, and
was adopted at the Santa Monica City Council meeting held on January 9,2007, by the
following vote:
Ayes: Council members:
Genser, Holbrook, McKeown, O'Connor, Shriver
Mayor Bloom, Mayor Pro Tem Katz
Noes:
Council members:
None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~~%t~~
Maria M. Stewart, ity Clerk