HomeMy WebLinkAboutOrdinance 2019-543 ORDINANCE NO. 2019 - 5 T
AN ORDINANCE OF THE CITY OF SUNNY ISLES BEACH, FLORIDA,
AMENDING CHAPTER 99 OF THE CITY OF SUNNY ISLES BEACH
CODE OF ORDINANCES ENTITLED "PUBLIC HEALTH AND SAFETY";
CREATING A NEW ARTICLE III WITHIN CHAPTER 99 OF THE CODE
TO BE ENTITLED "PROHIBITION ON DISTRIBUTIONAND SALE OF
PLASTIC BEVERAGE STRAWS," TO PROHIBIT THE DISTRIBUTION
OF PLASTIC BEVERAGE STRAWS TO REDUCE WASTE; PROVIDING
FOR DEFINITIONS; PROVIDING FOR PROHIBITIONS AND
EXCEPTIONS; PROVIDING FOR PUBLIC EDUCATION; PROVIDING
OR ENFORCEMENT AND PENALTIES; AMENDING THE SCHEDULE
OF CIVIL PENALTIES AND MISCELLANEOUS FEES IN CHAPTER 14
OF THE CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,the City of Sunny Isles Beach is committed to environmental stewardship and
leadership; and
WHEREAS, the City Commission desires to conserve resources and to reduce waste, litter
and pollution; and
WHEREAS, discarded plastic beverage straws and plastic stirrers threaten sea life and
degrade and litter the beaches and waters off Florida's coast, including areas within the City; and
WHEREAS, reducing the distribution of plastic beverage straws and plastic stirrers
provided to customers decreases the amount of plastic that may end up on our beaches and in our
waters through litter, windblown debris and overflowing garbage cans; and
WHEREAS, the City finds that there are reasonable, economical, and environmentally
friendly alternatives to plastic beverage straws and plastic stirrers; and
WHEREAS,the City Commission has determined that amending Chapter 99 of the City's
Code of Ordinances to enact prohibitions regarding the distribution of plastic beverage straws and
plastic stirrers to reduce waste within the City is in the best interest of the residents of and visitors
to the City and promotes the public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
SUNNY ISLES BEACH, FLORIDA:
Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby
incorporated herein.
Section 2. Amendment of Chapter 99 and Creation of Article III. Chapter 99, "Public Health
and Safety," of the Code of Ordinances of the City of Sunny Isles Beach is hereby amended to
create ARTICLE III, "Prohibition on Distribution and Sale of Plastic Beverage Straws,"to read as
follows:
ARTICLE III. PROHIBITION ON DISTRIBUTION AND SALE OF PLASTIC
BEVERAGE STRAWS.
Section 99-14.Definitions.For purposes of this ARTICLE III,the following words,
terms, and phrases, including their respective derivatives, have the following
meanings:
A. Beverage means any liquid, including any slurry, frozen, semi-frozen, or
other forms of liquids, intended for drinking.
B. Beverage Provider means any Person in the City that offers Beverages to
the public for consumption.
C. Food Provider means any Person in the City that offers food or Beverages
for public consumption including, but not limited to, any store, supermarket,
delicatessen, restaurant, shop, caterer or mobile food vendor.
D. Person means an individual, corporation, partnership, incorporated
association, or any other similar entity, including a nonprofit entity.
E. Plastic Beverage Straw means a straw or stirrer provided, sold, or
distributed for the purpose of imbibing liquids or transferring a Beverage
from its contained to the mouth of the drinker by suction or for the purpose
of mixing a Beverage, made predominately of plastic derived from either
petroleum or a biologically-based polymer, and includes compostable and
biodegradable petroleum or biologically-based polymer straws and stirrers,
but does not include straws and stirrers that are made from non-plastic
materials, such as paper, sugar cane, bamboo, etc.
Section 99-15. Plastic Beverage Straws Prohibited; Exceptions.
A. Beginning January 2,2020 no Beverage Provider or Food Provider within
the municipal boundaries of the City shall sell, distribute, or provide Plastic
Beverage Straws to customers who have purchased a ready to drink beverage for
consumption on or off the premises.
B. Exceptions. This prohibition shall not apply to:
a. Pre-packaged drinks sold at commercial establishments where
Plastic Beverage Straws have been attached to or sealed with a
Beverage container by the manufacturer.
b. Use by medical or dental facilities.
c. Use by the School District or county, state or federal governmental
entities.
2
d. Use during a locally declared emergency.
e. Use by individuals with a disability or other impairment requiring
use of a Plastic Beverage Straw.
Section 99-16. Public Education. Following approval of Ordinance No. 2019-
,the City will engage in public education efforts related to the implementation
of this ARTICLE and provide assistance with identifying alternatives to Plastic
Beverage Straws.
Section 99-17. Enforcement and Penalties. Beginning January 2, 2020,violations
• of this ARTICLE shall constitute;civil infractions and shall be enforced pursuant to
Chapter 14 of the Code.
Section 3. Amendment of Schedule of Civil Penalties and Miscellaneous Fees. The Schedule
of Civil Penalties and Miscellaneous Fees contained in Attachment 1 to Chapter 14 of the Code of
Ordinances of the City of Sunny Isles Beach is hereby amended to add the following:
Code Section Description of Violation Civil Penalty
99-15 Sale or Distribution of Plastic First Violation: $100
Beverage Straws SecondViolation: $200
Third and Subsequent
Violations: $500
Section 4. Severability. If any section, clause, sentence, or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. Conflict. All Sections or parts of Sections of the Code of Ordinances, all Ordinances or
parts of ordinances, and all Resolutions or parts of resolutions, in conflict with this Ordinance are
repealed to the extent of such conflict.
Section 6. Codification. It is the intention of the Mayor and City Commission that the provisions
in this Ordinance be incorporated into the Code of Ordinances; to effect such intention, the words
"Ordinance," "section" or"ARTICLE" may be changes to other appropriate words.
Section 7. Effective Date. This Ordinance shall take effect immediately upon adoption on second
reading.
PASSED upon first reading this I day of SET.Tt^" R- , 2019.
PASSED AND ADOPTED upon this second reading this 11* day • - OGS , 2019.
Mayor t eorge H. Scholl
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'Mauric'o :et., cur; CMC, City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
(.4k14,1(11
Edward A. Dion, City Attorney
First Reading Second�lReading
Motion: COtM &tV.ton(E 12 �'o�w�14-n1 Motion: I.0 V74-0 e u ot-bm04J
Second: i1e..0 lY`190,- SUE /4 Second: NJU M01612- Skit WI61
Vote on First Reading:
Mayor Scholl ✓ (Yes) (No)
Vice Mayor Svechin —T(Yes) (No)
Commissioner Goldman / (Yes) (No)
Commissioner Lama ✓ (Yes) (No)
Commissioner Viscarra V-(Yes) (No)
Vote on Second Reading:
Mayor Scholl I (Yes) (No)
Vice Mayor Svechin �- (Yes) (No)
Commissioner Goldman (Yes) (No)
Commissioner Lama (Yes) (No)
rr
Commissioner Viscarra (Yes)(Yes) (No)
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0"Y'sz$ City of Sunny Isles Beach
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.Sunny letee.peach, Florida 33160 •
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(305)9493.113 Fax - " '
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7.-:-..-MEMORANDUM •
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TO: • The Honorable Mayor and City Commission •
FRONI: 'EdWard A. Dion, Gib;AftoMey•
DATE •-1 0/17/2019 ' • • •
RE: Ordinance relating to the Prohibition on Sale or Use of
• Plastic Beverage:Straws • • • •
• •
RECOMMENDATION:
. ThisOrdinance,is.presented.for your,consideration. :,
REASONS:
At first:reading, before,the City Commission in September, sewerali, •
changes were discussed to•the original.Ordinance.:On.second reading, .,
the Ordinance has been amended to include plastic stirrers in the
definition of:"plastic Beverage StraW!,•and to delete the;reference to :
corn or other plant sources in that:definition. The title has also.been . •
clarified to delete the reference to use of plastic beverage straws, since
' there is no such' prohibition in.the Ordinance. The remainder of.:th&
- • Ordinance as presented on first reading remains unchanged. •
ATTACHMENTS: • .
Description •
- ' :Ordiiigke : •
•,.
• . • . Item Number: 9.A.
119