HomeMy WebLinkAboutO-2020-011 Amending Article XIII of Ch. 17 to Add Regulation of Styrofoam and Similar Products on City Property and in City Facilities SECOND READING executedORDINANCE NO.2020-011
SECOND READING
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
AMENDING ARTICLE XIII, ENTITLED, "PROHIBITION OF
DISTRIBUTION OF PLASTIC STRAWS', TO EXPAND THE ARTICLE, TO
ADD NEW PROVISIONS TO IT FOR REGULATION OF STYROFOAM AND
SIMILAR PRODUCTS USED BY THE CITY AND THE DANIA BEACH
COMMUNITY REDEVELOPMENT AGENCY ("CRA") RELATED TO
PACKAGING OF FOODS AND BEVERAGES, WHICH ARTICLE APPEARS
IN CHAPTER 17, ENTITLED "OFFENSES; MISCELLANEOUS', OF THE
CITY CODE OF ORDINANCES, SUCH NEW PROVISIONS TO INCLUDE
ADDITIONAL DEFINITIONS IN CODE SECTION 17-134, AND TO CREATE
A NEW SECTION 17-135, RELATING TO STYROFOAM AND SIMILAR
PRODUCTS TO PROVIDE FOR THE PROHIBITION OF THE SUPPLY AND
USE OF STYROFOAM AND OTHER POLYSTYRENE AND
POLYPROPYLENE FOOD AND BEVERAGE ARTICLES BY CITY AND
CRA CONTRACTORS AND TEMPORARY VENDORS TO THE CITY AND
CRA RELATED TO THE USE OF CITY FACILITIES AND PROPERTY;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach is committed to environmental protection and
stewardship and finds and declares that it is in the interest of the public health, safety, and
welfare to reduce litter and pollutants on the land and in the waters of the City; and
WHEREAS, discarded single -use plastic straws pose health and environmental risks to
wildlife and marine life and litter streets, parks and public spaces and the City took action to
prohibit use of single -use plastic straws in the City; and
WHEREAS, polystyrene products are not readily recyclable, are non -biodegradable, and
take several decades to hundreds of years to deteriorate in the environment or in a landfill; and
WHEREAS, polystyrene is a common pollutant, which fragments into smaller, non -
biodegradable pieces that are harmful to marine life, other wildlife and the environment; and
WHEREAS, the reasonable control of the distribution of expanded polystyrene products
(sometimes called Styrofoam, a Dow Chemical Co. trademarked form of polystyrene foam
insulation) as well as other single -use plastics, including polypropylene, in response to the
growing issue of these items ending up in overburdened landfills, waterways, and the oceans is
required to assist in the protection of the public health, safety, and welfare; and
WHEREAS, the City of Dania Beach finds that there are reasonable "environmentally -
friendly" alternatives to polystyrene and polypropylene, including but not limited to paper, plant,
vegetable, and other natural products for packaging and use for foods and beverages; and
WHEREAS, it is the intent and purpose of this Ordinance to provide and maintain for
the citizens and visitors of the City healthy and aesthetically -pleasing experiences, while
simultaneously advancing the City's sustainability goals and contributing to its long-term
economic vitality by reducing the introduction of these non -biodegradable and environmentally
deleterious products into surrounding ecosystems and landfills when related to City property and
facilities; and
WHEREAS, the provisions of this Ordinance are not intended and shall not be construed
as superseding or conflicting with any statutory provisions relating to the items or rules and
regulations promulgated by the State of Florida but shall be construed as implementing and
assisting the permissible regulations under the City's home rule powers and the enforcement of
them;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That Article XIII, entitled, "Prohibition of Distribution of Plastic Straws"
of Chapter 17, entitled "Offenses; Miscellaneous", of the City's Code of Ordinances is amended
to expand the Article to address Styrofoam and similar products, to include additional definitions
in section 17-134, and to create a new section 17-135 relating to Styrofoam and similar products,
and as amended, the Article shall read as follows:
ARTICLE XIII. — PROHIBITION OF DISTRIBUTION OF PLASTIC STRAWS AND
REGULATION OF STYROFOAM AND SIMILAR PRODUCTS ON CITY PROPERTY
AND IN CITY FACILITIES
Sec. 17-134. - Prohibition of distribution of plastic straws, and provisions relating to
Styrofoam and similar products.
(a) Definitions. For purposes of this section, the following definitions apply:
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Affected Person includes, but is not limited to any vendor, employee City or CRA
recognized club, club member, committee, committee member, temporary vendor, subcontractor,
contractor, tenant, lessee, or independent contractor of the City or CRA.
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.
City property includes but is not limited to, any land, water, or air rights owned, operated or
managed by the City.
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.
Expanded pot stw°ene means blown polystyrene and expanded and extruded foams that are
thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number
of techniques including, but not limited to, fusion of polyMer spheres expandable bead foam),
injection molding, foam molding and extrusion -blown molding (extruded foam polyst r� ene).
Food service articles means and includes straws, plates, bowls, cups, containers, lids trays
and all similar single use items used for serving, distributing or both, of food and beverages..
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.
Polypropylene means a plastic polymer of propylene (0115) commonly identified by
ASTM Resin Identification Code #5.
Polystyrene means a thermoplastic polymer or copolymer comprised of at least 80 percent
styrene or para-methylst ray weight.
,Styrofoam means a trademarked name for a polystyrene product.
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
or to be held by the CRA on City property or in a City facility.
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Temporary vendor means any person or entity issued a temporary permit by the Cit�or
CRA to provide or sell food, beverages or both on City property or in a City facility, including
but not limited to special event permits issued by the City or the CRA for events to be held on
Citv aroaertv or in a Citv facilitv.
Section 2. That Section 17-135 of Article XIII is created to read as follows:
Sec. 17-135. Prohibition of use of Styrofoam, polystyrene and polypropylene food and
beverage service articles by City and CRA contractors and temporary vendors.
(a) City and CRA contractors and temporary vendors shall not sell, use, or provide food,
beverages or both in Styrofoam, polystyrene or polypropylene food and beverage
service products or articles in City facilities and on City property, including but not
limited to special events in such facilities or on such property. The provisions of this
Section shall be incorporated into all contracts, leases and concession agreements for
City and CRA contractors and temporary vendors entered into after the effective date
of this ordinance, and may be incorporated by reference requiring compliance with all
laws, rules, and ordinances of the City and CRA. A violation of this Section shall be
deemed a material default under the terms of the contract, lease or concession
agreement and may be grounds for revocation of a special event permit.
(b) Exceptions.
This Section shall not apply to:
(1) Prepackaged foods and beverages that have been filled and sealed prior to receipt by a
City or CRA contractor or temporary vendor, including products used for the storage of
raw meat, pork, poultry, fish, and seafood.
(2) Any City or CRA contract, lease or concession agreement entered into prior to the
effective date of this section or any temporary permit issued prior to the effective date of
this Section, which shall not be subject to the requirements of this Section, unless the
City or CRA contractor or temporary vendor voluntarily agrees to comply with this
Section.
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(3) Any individual with a qualified disability under the Americans with Disabilities Act
(ADA) who may require polystyrene or polypropylene food or beverage service articles,
which articles may be provided upon request.
(4) Free samples or food distribution drives.
(5) Catering for private events.
(c) Enforcement penalties.
(1) Following adoption of this Section, the City shall engage in public education efforts to
inform affected persons and entities of the provisions of this Section and to provide
assistance with identifying alternatives to Styrofoam, polystyrene or polypropylene food
and beverage service articles.
(2) Beginning six (6) months after the effective date of this Ordinance, the City shall enforce
all provisions of this Section.
(3) Penalties for violations of the provisions of this Section shall be enforced through Code
compliance proceedings or through contract enforcement proceedings, or both,
including possible termination of a contractual relationship if a violation occurs.
(4) Violations of the provisions of this Section shall be on a per occurrence basis and subject
to the following penalties:
a. First violation: Twenty-five dollars ($25.00) for individuals; one hundred twenty-
five dollars ($125.00) for a City or CRA vendor or contractor.
b. Second and subsequent violations: Fifty dollars ($50.00) for individuals; two
hundred fifty dollars ($250.00) for a City or CRA vendor or contractor.
C. These penalties shall be in addition to enforcement of any contract remedy or
termination proceeding of any City or CRA contract, concession or lease.
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 in conflict with the provisions
of this Ordinance are repealed.
Section 5. That this Ordinance shall take effect immediately at the time of passage
and adoption.
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PASSED on first reading on July 28, 2020:
PASSED and ADOPTED on second reading on August 25, 2020.
ATTEST:
THOMAS SCHNEIDER, CMC L.B)-c
LORI LEWELLEN
CITY CLERK ` MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
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THOMA l"J: A�`��S
CITY ATORI�7E
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