HomeMy WebLinkAboutO-2019-011 Amending Section 17-134 Plastic Straw Prohibition making Prohibition City-wideORDINANCE NO.2019-011
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AMENDING CHAPTER 17, ENTITLED "OFFENSES -
MISCELLANEOUS", ARTICLE XIII, ENTITLED "PROHIBITION OF
DISTRIBUTION OF PLASTIC STRAWS", SECTION 17-134, ENTITLED
"PROHIBITION OF DISTRIBUTION OF PLASTIC STRAWS", OF THE CITY
CODE OF ORDINANCES, PERTAINING TO A CITY-WIDE PLASTIC
STRAW BAN; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Dania Beach, Florida is committed to environmental
conscientiousness and leadership; and
WHEREAS, on September 11, 2018, the City Commission adopted Ordinance No.
2018-017 creating Article XIII, "Prohibition of Distribution of Plastic Straws" within the City's
Code of Ordinances ("Code"); and
WHEREAS, the City Commission finds that Article XIII of the City Code should be
amended to regulate the distribution of single -use plastic straws throughout the City; and
WHEREAS, the City finds that it is in the public interest, safety, and welfare to reduce
litter and pollutants within the City; and
WHEREAS, the City Commission finds that this Ordinance is necessary to
contribute to 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 Article XIII, entitled "Offenses - Miscellaneous" of Chapter 17,
entitled "Prohibition of Plastic Straws", Section 17-134, "Prohibition of Distribution of Plastic
Straws", of the City Code of Ordinances, is amended to read as follows:
Sec. 17-134. — Prohibition of distribution of plastic straws.
(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.
However effective January 1, 2020, no plastic straw shall be distributed in or
from any restaurant or establishment that sells beverages (for on or off
premises consumption) within the City of Dania Beach, or at any City facility
or City property or b�any City special event permittee.
(c) Enforcement Penalties.
(2) Beginning January 1, 204-9 2020-the City's Code Compliance Division shall
enforce all provisions of this Section as amended: until that time the
existing prohibition will be enforced.
Section 2. 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 3. 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 4. That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on August 27, 2019.
PASSED AND ADOPTED Aeudzigading on September 10, 2019.
ATTEST:
THOMAS SCHNEIDER, CMC
CITY CLERK
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APPROVED AEI TO FORM AND CO SS:
TtIOMhS J. NSBRO
CITY ATTQRNEY
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2 ORDINANCE #2019-011