HomeMy WebLinkAboutOrdinance 1907 (Disposable Food Packaging)CLERK'S CERTIFICATE
I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, and Ex -Officio Clerk of the
Council of said City, do hereby certify that the foregoing:
ORDINANCE NO. 1907
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ESTABLISHING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.92 PROHIBITING
THE USE OF POLYSTYRENE FOAM DISPOSABLE FOOD PACKAGING
is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR
meeting of the City Council of the City of San Rafael, held on the 17`h day of September, 2012,
was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a
newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said
City at a REGULAR meeting of the City Council of said City, held on the I" day of October,
2012, by the following vote, to wit:
AYES: COUNCILMEMBERS: Connolly, Heller, Levine, McCullough and Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
WITNESS my hand and the official
Seal of the City of San Rafael this 81h
day of October, 2012
ESTHER C. BEIRNE
City Clerk
ORDINANCE NO. 1907
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
ESTABLISHING SAN RAFAEL MUNICIPAL CODE CHAPTER 10.92 PROHIBITING
THE USE OF POLYSTYRENE FOAM DISPOSABLE. FOOD PACKAGING
WHEREAS, the California Integrated Waste Management Board estimates that Californians use
165,000 tons of expanded polystyrene (foam and Styrofoam products) each year for packaging and food
services purposes. A 2004 study by the California Integrated Waste Management Board ranked
polystyrene's environmental impacts second highest, behind aluminum, in the categories of energy
consumption, greenhouse gas emissions, and total environmental effect; and
WHEREAS, according to the 2004 California Integrated Waste Management Board study, as
well as studies published in Materials Science and Technology, expanded polystyrene is not fully
biodegradable, taking hundreds of years to deteriorate or breakdown in the environment or a landfill, and
currently there are no effective or economically feasible means of recycling polystyrene foam disposable
food packaging; and
WHEREAS, according to the 2004 study by the California Integrated Waste Management Board,
a 2009 United Nations Environment Programme Report on Marine Litter, and Environment California,
polystyrene foam litter breaks down into smaller, non -biodegradable pieces that pose significant threats to
marine and other wildlife from ingestion, and poses an environmental threat to creeks and waterways: and
WHEREAS, according to the California Integrated Waste Management Board and observations
by City Staff and volunteers, polystyrene foam litter contaminates the public storm drain systems
requiring the expenditure of limited public infrastructure maintenance resources for removal and disposal;
and
WHEREAS, styrene, which is used in the production of polystyrene foam, is described by the
U.S. Environmental Protection Agency as "a suspected toxin to the gastrointestinal tract, kidney and
respiratory system, among others," and by the U.S. National Toxicology Program of the US Department
of Health and I-luman Services as a known carcinogen in lab animals and "reasonably anticipated to be a
human carcinogen", and
WHEREAS, over sixty jurisdictions in California have adopted ordinances banning the use of
polystyrene foam packaging, with local and national businesses successfully replacing polystyrene
packaging with affordable, durable, recyclable and/or biodegradable products: and
WHEREAS, on April 6, 2009 the City Council of'the City of San Rafael adopted the San Rafael
Climate Change Action Plan (CCAP), which incorporates programs to achieve reductions in community
greenhouse gas (GHG) emissions, including, but not limited to: a) Program 1,171 1, which calls for
adoption of a Zero Waste Goal and a Zero Waste Strategic Plan to reduce land tilling of waste; and b)
Program LF 17 which directs the City to investigate options for banning non -recyclable single -use items
such as plastic bags and polystyrene takeout food containers; and
WHEREAS, the City Council adopted Resolution No. 13212 on .July 18, 2011, amending the
San Rafael General Plan 2020 to add a new SustainabiI6 Element, which includes a Policy SU -9 for
adoption of a Zero Waste goal and implementation of'programs to reduce material consumption and
waste generation, with a subsection SU -9h which specifically calls for banning single -use items such as
polystyrene takeout food containers; and
WHEREAS, the City Council on August 1, 2011 adopted a zero -waste resolution, No. 13217,
committing itself to taking actions to achieve a waste diversion goal of 80° o by 2012 and 94% by 2025;
and
WHEREAS, it is the desire of City of San Rafael to conserve resources, reduce the amount of
GHG emissions, waste, litter and marine pollution and to protect the public health and welfare as well as
to protect wildlife, all of which activities increase the quality of life for San Rafael residents and visitors.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
DIVISION 1: Findings
The City Council finds as follows:
The proposed ordinance to ban the use of polystyrene foam disposable food packaging is
consistent with the policies and programs of the San Rafael General Plan 2020, including
Conservation Element Policy CON -17 (Resource -Efficient Organizations and Businesses), Policy
CON -21 (Waste Reduction/Recycling), Program CON -21 a (Recycling), Program CON -21 e
(Recycling), and Sustainability Element Policy SU -9 (Zero Waste) and Program SU -9i
(Commercial and Multi -Family Recycling) in that the ban on use of these products will result in
greater use of recyclable and biodegradable materials, which would also result in a reduction in
the waste stream.
2. The public health, safety and general welfare will not be adversely impacted by the proposed
ordinance to ban polystyrene foam disposable food packaging. Rather, the public health, safety
and general welfare will be enhanced and further protected as the ban for use of this material
would reduce land -filling of waste products, reduce long-lasting litter and reduce public clean-up
costs.
DIVISION 2: New Chapter 10.92
New Chapter 10.92 (Prohibition on Use of Polystyrene Foam Disposable Food Packaging) of Title 10
(Business) of the San Rafael Municipal Code is hereby added to read as follows:
Chapter 10.92 Prohibition on Use of Polystyrene Foam Disposable Food Packaging.
Sections:
10.92.010
Definitions
10.92.020
Prohibited Polystyrene Foam Disposable Food Packaging
10.92.030
Exemptions
10.92.040
Enforcement and Penalties
10.92.010 Definitions
For purposes of this Chapter, the following definitions shall apply:
A. "Customer" means any person obtaining prepared food from a retail food vendor.
B. "Disposable food packaging" means any plates, bowls, trays, cartons, cups, lids, sacks,
hinged or lidded containers that are designed for one-time use and are used in the transport, storage or
consumption of prepared food or takeout food. This includes, but is not limited to, packaging for food
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left over from partially consumed meals prepared at retail food vendors. This definition does not include
single -use disposable straws, utensils or hot cup lids.
C. "Polystyrene Foam" means and includes blown polystyrene and expanded and extruded
foams which are thermoplastic petrochemical materials utilizing a styrene monomer and process by any
number of techniques including, but not limited to, fusion of polymer spheres, injection molding, foam
molding and extrusion -blow molding (extruded foam polystyrene). Polystyrene foam is generally used to
make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons.
D. "Prepared Food " means food or beverages which are served, packaged, cooked,
chopped, sliced, mixed, brewed, frozen, squeezed or otherwise prepared on the premises or facilities of
the retail food vendor. Prepared food does not include raw, butchered meats, fish and/or poultry which
are sold from a butcher case or similar appliance. Prepared food may be eaten either on or off the
premises or away from the facilities of the retail food vendor. Prepared food includes takeout food.
E. "Takeout food" means food or beverages requiring no further preparation to be consumed
and which generally are purchased to be consumed off the premises or away from the facilities of the
retail food vendor.
F. "Retail food vendor" means any vendor, business, organization, entity, group or
individual that provides prepared food at a retail level, including a food service establishment or a motor
vehicle or mobile unit based vendor of prepared food.
10.92.020 Prohibited Polystyrene Foam Disposable Food Packaging
On and after October 31, 2013, except as otherwise provided in this Chapter, retail food vendors
are prohibited from providing prepared food or takeout food to customers in, on or with disposable food
packaging, when any part of such packaging includes polystyrene foam.
10.92.030 Exemptions
A. The following shall be exempt from the provisions of this Chapter:
1. Foods prepackaged outside the limits of the City of San Rafael,
2. Coolers and ice chests that are intended for reuse, and
3. Emergency supplies or services procured by public agencies to be used in an
emergency for the immediate preservation of the public peace, health or safety.
B. The City Manager may exempt a retail food vendor from the requirements of this chapter
for a period of time to be detennined by the City Manager on a case-by-case basis for undue hardship.
Undue hardship includes, but is not limited to situations unique to the food vendor not generally
applicable to other persons in similar circumstances. Retail food vendors seeking an exception shall
provide a written request setting forth the reasons and documentation showing factual support for the
requested exemption.
10.92.040 Enforcement and Penalties
A. Enforcement of this chapter shall be the responsibility of the City Manager and such code
enforcement officials as may be designated by the City Manager.
B. It is unlawful to violate any provision of this Chapter.
C. A violation of the provisions of this Chapter is subject to enforcement by the provisions
of Title 1 (General Provisions), Chapters 1.40, 1.42, 1.44 and 1.46 of this Code, and may be prosecuted as
a misdemeanor or infraction as set forth in Section 1.42.010 of this Code.
DIVISION 3: CALIFORNIA ENVIRONMENTAL QUALITY ACT
In considering the adoption of this ordinance, the City Council has reviewed and addressed project
compliance with the California Environmental Quality Act (CEQA). The City Council has found and
determined that the adoption of this ordinance is exempt from the requirements of the CEQA Guidelines
pursuant to Section 15308 (14 Cal. Code § 15308) in that it is an action taken for the purpose of protecting
the environment.
DIVISION 4: SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City
Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences,
clauses or phrases be declared invalid.
DIVISION 5: PUBLICATION
This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper
of general circulation, published and circulated in the City of San Rafael and shall be in full force and effect
thirty (30) days after its final passage. If published in summary form, the summary shall also be published
within fifteen (15) days after the adoption, together with the names of those Council members voting for or
against same, in a newspaper of general circulation published and ,circulated in the City of San Rafael,
County of Marin, State of California. _
G Y O. P LIPS, Mayor
ATTEST:
fzsTl� G . F, �,e-
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No 1907 was read and introduced at a Regular Meeting of the City Council of
the City of San Rafael, California, held on the 17th day of September, 2012 and ordered passed to print by
the following vote, to wit:
AYES:
Councilmembers:
NOES:
Councilmembers:
ABSENT:
Councilmembers:
Heller, McCullough and Mayor Phillips
None
Connolly, Levine
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the
Council to be held on the 1 st day of October, 2012.
ESTHER C. BEIRNE, City Clerk
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