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HomeMy WebLinkAboutOrdinance 2021-564ORDINANCE NO. 2021 - 'J� ?1- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, CREATING CHAPTER XX OF THE CODE OF ORDINANCES OF THE CITY OF SUNNY ISLES BEACH ENTITLED `POLYSTYRENE PRODUCTS"; PROVIDING FOR LEGISLATIVE INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR THE PROHIBITION ON CARRYING EXPANDED POLYSTYRENE PRODUCTS FOOD SERVICE ARTICLES BY INDIVIDUALS AND TEMPORARY VENDORS ONTO CITY PROPERTY OR CITY FACILITIES; PROVIDING FOR THE PROHIBITION ON THE USE AND CARRYING OF EXPANDED POLYSTYRENE PRODUCTS FOOD SERVICE ARTICLES BY CITY CONTRACTORS AND SPECIAL EVENT PERMITTEES OPERATING ON CITY PROPERTY OR CITY FACILITIES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, polystyrene is a petroleum processing by-product used to make polystyrene foam that is sometimes referred to as "Styrofoam"; and WHEREAS, polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons and used for packing; and WHEREAS, polystyrene foam floats in water and is non -biodegradable and non - recyclable; and WHEREAS, polystyrene products pose a threat to wildlife, waterways, ecosystems, and contaminates the public drainage system as they create litter, and impede waste reduction and recycling goals; and WHEREAS, regulating polystyrene products will reduce the accumulation of polystyrene litter in the environment and will improve the health of the City's waterways, wildlife and residents; and WHEREAS, there are affordable alternatives to polystyrene foam that may be used to store products, foods, and beverages; and WHEREAS, the City Commission finds that regulating the use of polystyrene predusts food service articles is in the best interest of the health, safety, and welfare of the City of Sunny Isles Beach, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF UNNY ISLES BEACH, FLORIDA, AS FOLLOWS:" 1 Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, and deletions are shown as stFikethFough. 02021 Polystyrene Ordinance - Second Reading Page " of 5 Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part by this Ordinance upon adoption hereof. Section 2. Creation of Chapter XX of the City Code. Chapter XX of the City Code of Ordinances is hereby created to read as follows: ARTICLE I. - POLYSTYRENE PRODUCTS Section XX -1. - Intent. A. The City seeks to protect the health, safety and welfare of the public by prohibiting the use of expanded polystyrene food service articles pKg4qgs on City property by individuals. B. The City strives to reduce the use of exnanded_pol�styrene food service articles_efe4ttes and encourage the use of environmentally friendly reusable and recyclable alternatives. C. The City wishes to reduce waste and environmental hazards by entering contractual relationships for the provision of goods and services with contractors that do not use expanded polysiyrene food service articles Section XX -2. - Definitions. The following words when used in this Section shall have the following meanings below and words not defined herein shall be interpreted by their common and ordinary meaning_ BIODEGRADABLE. All materials in the product or package that will break down or decompose or otherwise become part of a usable soil -conditioning material such as uncoated paper, wood, or bamboo. CITY CONTRACTOR. Any contractor, vendor, commercial lessee, licensee, concessionaire, or individual that has a contract with the city for the provision of goods or services. CITY FACILITY OR CITY PROPERTY. Any building, structure, publie-pa l public park, marina, E leftsed pier, beach, or C-iplayround, caned ''•«, leased''•° -C, operated, or managed by the City. EXPANDED POLYSTYRENE. Blown Dolvstvrene 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). iniection moldine, foam moldiniz. and extrusion -blown moldinLy extruded foam polystyrene) EXPANDED POLYSTYRENE FOOD SERVICE ARTICLES. All bags, sacks, wrapping, containers, bowls, plates, lids, coolers, ice chests, trays, cartons, cups, straws, clam shell containers, and lids or any packaging not intended 02021 Polystyrene Ordinance - Second Reading Page 2 of 5 for reuse, or any packaging in which any foods or beverages are placed or packaged, and all similar articles. that consist of expanded polystyrene. POLYSTYRENE. A thermoplastic petrochemical material utilizing the s1yrene monomer, including but not limited to, rigid polytyrene or Expanded Poles reprocessed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polytyrene), injection molding, foam molding, Expanded Polystyrene molding, or extrusion -blown molding (extruded polystyrene), and clear or solid polystyrene oriented polystyrene). The term Polytyrene also includes clear polystyrene known as oriented polyslyrene. POLYSTYRENE FOAM. Blown pols1yrene and expanded and extruded foams (sometimes referred to as Styrofoam) which are thermoplastic, petrochemical materials utilizing a styrene monomer processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion -blown molding (extruded foam polystyrene). Polystyrene foam iseg nerally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons. RECYCLABLE. A description of a material capable of being recycled, which would otherwise be processed or be disposed of as solid waste. TEMPORARY VENDOR. A supplier of goods or services operating on n City Property or a City Facility for one year or less. SPECIAL EVENT PERMITTEE. Any person or entity, and their subcontractor(s), that were issued a special event permit by the City for a special event on City property as provided by in Section 233 of the City's Code of Ordinances. Section XX -3. - Prohibition of the carrying or use of expanded polystyrene food service articles w-edttets by individuals and Temporary Vendors located on City Property or City Facilities. A. Prohibition. Individuals and Temporary Vendors who are located on or operatingon City Property or a City Facility are prohibited from carrying or using expanded polystyrene food service articles ared}tet . Individuals and Temporary Vendors operating on or located on a City Facility or City Property are prohibited from utilizinexpanded polystyrene food and beverage papkaging service articles while serving or preparingfood ood or beverages, or providing expanded polystyrene pE24q@j�s food service articles to ani while located or operating on a City Facility or City Property. 02021 Polystyrene Ordinance - Second Reading Page 3 of 5 Section XX -4. - Prohibition of the use of expanded polystyrene food service articles or-oduets by city contractors and special event permittees operating on City Property or City Facilities, A. Prohibition. (1) City contractors are prohibited from using expanded polystyrene food service articles fists while located on or operatingon n City Propert or Facilities. City contractors may not utilize expanded polystyrene food service articles and while serving or preparing food or beverages, and are prohibited from providinto anyone while operating or located on City Facilities or City Property. A violation of this section shall be deemed a default under the terms of the city contract, lease, or concession agreement. Special event permittees are prohibited from using velystyene—preduets;-er expanded polystyrene food service articles while serving or preparing food or beverages, or providing expanded polystyrene p ec at& food service articles to anyone while operating or located on City Facilities or City Property. The City may revoke the special event permit immediately if this section is violated. This subsection shall not apply to expanded polystyrene food and beverage packaging that was packaged outside of the City and sealed prior to receipt by the special event permittee. Section XX -5. - Penalties A. The City's Development Services Department shall enforce violations of Section XX -3 and XX -4 of the Code of Ordinances in accordance with the Code Enforcement procedures in Chapter 14 of the Code of Ordinances. B. Any person or entity that violates any of the provisions in Sections XX -3 or XX -4 of the Code of Ordinances is subject to the following penalties: 1) First offense: A written warning notice with no civil aenalty as a first response to a violation. A copy shall be kept on file with the City. (2) Second offense within any 1 year period from the date of the first offense: One hundred dollars ($100.00) civil citation. (3) Third offense within any one (1) year period from the date of the second offense: Two hundred dollars ($200.00) civil citation. (4) Fourth offense and each subsequent offense within any one (1) year period from the date of the previous offense: Five hundred ($500.00) civil citation. (5) When there is a permitted special event that will last for a period of two das or less, the compliance timeframe in the written warning shall not exceed twelve (12j hours. C. Each day that a prohibited use occurs shall constitute a separate violation. Section 3. Repealer. All ordinances, or parts of ordinances in conflict herewith be, and the same, are hereby repealed. 02021 Polystyrene Ordinance - Second Reading Page 4 of 5 Section 4. Severability. If any section, subsection, clause, or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 5. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Code of Ordinances of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word, as required. Section 6. Effective Date. This Ordinance will become effective ten (10) days after adoption at second reading. PASSED AND ADOPTED on first reading this t A'day of February 2021. a PASSED AND ADOPTED on second reading thi -day of March 2021. First Reading George H. Scholl, Mayor APPROVED AS TO FORM A LE OF CIENCY: S ward A. Dion, City Attorney Second Reading Motion:/fJ �►� Motion:sS/ f a� Second: %C Second: �% S`Y� e ?� Vote on First Reading: Mayor Scholl C (Yes) (No) Vice Mayor Svechin►/ (Yes) (No) Commissioner Goldman A (Yes) (No) Commissioner Lama ✓ / (Yes) (No) Commissioner Viscarra (Yes) (No) Vote on Second Reading: Mayor Scholl (Yes) (No) Vice Mayor Svechm (Ye) (No) Commissioner Goldman s) (No) Commissioner Lama (Yes) (No) Commissioner Viscarra (Yes) (No) 02021 Polystyrene Ordinance - Second Reading Page 5 of 5 ANNY 15[ City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 r (/' 947-066 City 9493113 Fax Hall 305 � 1 Tt OSVN � MEMORANDUM TO: The Honorable Mayor and City Commission FROM: Edward A. Dion, City Attorney DATE: 3/18/2021 RE: Ordinance Creating a New Chapter in the City's Code Entitled "Polystyrene Products" RECOMMENDATION: This Ordinance is presented for your consideration REASONS: Polystyrene is a petroleum processing by-product used to make polystyrene foam that is sometimes referred to as "Styrofoam," Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays and egg cartons and other single -use packaging/containers. Polystyrene foam floats in water and is non - biodegradable and non -recyclable, thus posing a threat to wildlife, waterways, ecosystems, and contaminates the public drainage system as they create litter and impede waste reduction and recycling goals. Regulating polystyrene products will reduce the accumulation of polystyrene litter in the environment and will improve the health of the City's waterways, wildlife, and residents. Furthermore, there are affordable alternatives to polystyrene foam that may be used to store products, foods, and beverages, that will not pose the same threat to the City. The proposed ordinance prohibits the use or carrying of polystyrene products by individuals and temporary vendors onto City property or facilities, and further prohibits the use or carrying of polystyrene products by City contractors and special event permittees that operate on City property or City facilities. ATTACHMENTS: Description Ordinance Item Number: 9.D.