HomeMy WebLinkAboutO-2018-017 Creating Article XIII of Ch. 17 Plastic Straws Prohibition ORDINANCE NO. 2018-017
SECOND READING
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 17, ENTITLED, "OFFENSES -
MISCELLANEOUS" OF THE CITY CODE OF ORDINANCES TO CREATE
ARTICLE XIII, "PROHIBITION OF DISTRIBUTION OF PLASTIC
STRAWS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach, Florida is committed to environmental
conscientiousness and leadership; and
WHEREAS, the City finds that it is in the public interest, safety, and welfare to reduce
litter and pollutants on lands and in the waters of and lying adjacent to the City; and
WHEREAS, discarded plastic straws threaten wildlife, marine life and degrade and litter
the beaches and waters off of Florida's coasts; as well as inland canals; and
WHEREAS, plastic straws constitute a portion of the litter in the City's streets, parks,
the beaches,public places, waterways, the Atlantic Ocean and waterfront areas; and
WHEREAS, the use of plastic straws has a detrimental effect on the City's environment;
and
WHEREAS, the City Commission finds that there are reasonable, environmentally-
friendly alternatives to plastic straws; and
WHEREAS, the City Commission finds that this Ordinance is necessary for the
preservation and improvement of the environment, public health, safety and welfare of the City's
residents and visitors;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DANIA BEACH,FLORIDA:
Section 1. That the foregoing "Whereas" clauses are true and correct and they are
made a part of and incorporated into this Ordinance by this reference.
Section 2. That the Code of Ordinances of the City of Dania Beach is amended by
adding a new Article, Article XIII, which Article shall read as follows:
Chapter 17—Offenses—Miscellaneous
Article XI1I—Prohibition of Distribution of Plastic Straws
Section 17-133.—Prohibition of Distribution of Plastic Straws.
(a) Definitions. For purposes of this Section,the following definitions apply:
(1) Distribution or Distribute means the vending, selling, giving or delivering
for any purpose of a plastic straw, as defined in this Section, whether or
not incident to the sale, vending or provision of any kind of liquid or
beverage in a container.
(2) Plastic straw means a straw provided or distributed for the purpose of
imbibing a liquid or transferring a beverage from its container to the
mouth of the drinker by suction or for the purpose of mixing a beverage,
which straw is made predominantly of plastic derived from one or more of
the following: petroleum, a biologically-based source (such as corn or
other plants), or polypropylene or polyethylene, and which is intended for
a single use in the consumption of the liquid or beverage.
(3) Special event permittee means any person or entity and its
subcontractor(s), issued a special event permit by the City for a special
event to be conducted on City property or in a City facility
(4) City facility includes, but is not limited to any building, structure, park,
beach, road, street, right-of-way, or facility owned, operated or managed
by the City.
(5) City property includes but is not limited to, any land, water, or air rights
owned, operated or managed by the City.
(b) Plastic Straws Prohibited: Exceptions.
(1) No plastic straw shall be distributed in or from any restaurants and
establishments that sell alcoholic beverages which are located adjacent to
any navigable waterway located within the City, including the Atlantic
Ocean, or at any City facility or City property or by any City special event
permittee.
(2) Exceptions. This prohibition shall not apply to:
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a. a pre-packaged drink sold at a commercial establishment;
b. the Broward County School Board, as well as county, state or
federal governmental entities; or
c. where a reasonable accommodation is needed by an individual due
to a medical or physical condition.
(c) Enforcement Penalties.
(1) Following adoption of this Section, the City shall engage in public
education efforts to inform affected commercial establishments of the
provisions of this Section and to provide assistance with identifying
alternatives to plastic straws.
(2) Beginning January 1, 2019, the City's Code Compliance Division shall
enforce all provisions of this Section.
(3) Penalties for violations of the provisions of this Section shall be enforced
through Code Compliance proceedings.
(4) Violations of the provisions of this Section shall be on a per occurrence
basis and subject to the following penalties:
a. First violation: $25.00 for individuals; $125.00 for commercial
establishments.
b. Second and subsequent violations: $50.00 for individuals, $250.00
for commercial establishments.
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 4. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 5. That this Ordinance shall take effect immediately upon City Commission
adoption.
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PASSED on first reading on August 28, 2018.
PASSED and ADOPTED on second reading on September 11, 2018.
ATTEST: P�1IA B
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THOMAS SCHNEIDER, CMC TAMA1kA JAM S
CITY CLERK `,` MAYOR
9e��SHED 1°P
APPROVED AS TO FC PM AND CORRECTNESS:
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THOMAS . ANS O
CITY ATTORN
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