CHAPTER 14.
GARBAGE AND REFUSE

Article 1. In General (Ord. 3518, 7/15)

§ 14-0.    Definitions.

§ 14-1.    Service Required; Collection.

§ 14-1.5.    Storage of Solid Waste.

§ 14-2.    Solid Waste Containers.

§ 14-3.    Mandatory Recycling.

§ 14-3.1.    Recovery of Organic Waste.

§ 14-4.    Food Providers and Special Events.

§ 14-5.    Unauthorized Collection of Recyclable Material and Other Items for Collection.

§ 14-6.    Collection Charges.

§ 14-7.    Suspension of Service.

§ 14-8.    Enforcement and Penalties.

Article 2. Weed and Rubbish Abatement

§ 14-10.    Public Nuisance.

§ 14-11.    Notice to abate nuisance.

§ 14-12.    Appeal.

§ 14-13.    Removal by City authorities.

§ 14-14.    Charging cost of weed clearance. (Ord. 3365, 11/05)

Article 3. Environmentally Acceptable Food Packaging

§ 14-15.    Definitions.

§ 14-16.    Prohibited Disposable Food Service Ware.

§ 14-17.    Required Biodegradable, Compostable, or Recyclable Disposable Food Service Ware.

§ 14-18.    Exemptions for Biodegradable, Compostable, or Recyclable Food Service Ware.

§ 14-19.    Enforcement and Notice of Violation.

§ 14-20.    Penalties and Fines for Violations.

Article 4. Retail Bag Regulations (Ord. 3471, 12/11)

§ 14-21.    Requirements.

§ 14-22.    Recordkeeping and Inspection.

§ 14-23.    Enforcement and Notice of Violation.

§ 14-24.    Penalties and Fines for Violations.

ARTICLE 1.
IN GENERAL

Sec. 14-0. Definitions.

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them below.

(a)    “Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling.

(b)    “City Manager” means the City Manager and his/her authorized designee.

(c)    “Commercial premises” means all premises except residential premises.

(d)    “Construction and demolition material” means the waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures.

(e)    “Franchisee” means the person, firm, corporation or other enterprise or organization, or his or her authorized agents and employees, that is a party to the exclusive franchise agreement with the City of Monterey for the collection of solid waste and recyclable materials.

(f)    “Hazardous waste” shall mean any waste, which because of its quantity, concentration, or physical, chemical, or infectious characteristics, may do either of the following:

1.    Cause, or significantly contribute to, an increase in mortality, an increase in serious irreversible illness, or an increase in incapacitating reversible illness.

2.    Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

3.    Unless expressly provided otherwise, “hazardous waste” includes extremely hazardous waste and acutely hazardous waste as those terms are defined in the California Health and Safety Code Sections 25115 and 25110.02, respectively, as may be amended.

(g)    “Multifamily dwelling” means any permanent premises of at least two units used for residential purposes, where the units do not receive separate or individual solid waste collection service. By way of illustration, “multifamily dwelling” includes apartment buildings, attached single-family dwellings, such as townhouses and condominiums, and mobile home parks, in which the units do not receive separate or individual solid waste collection service. “Multifamily dwelling” does not include any hotel, motel, guesthouse, residential care facility, extended care facility, sorority or fraternity house, school, dormitory, residential service facility, emergency residential shelter, or hospital.

(h)    “Occupant” means any person occupying residential or commercial premises located within the territorial limits of the City of Monterey, or within the limits of an area where the City and/or its franchisee has agreed to provide solid waste disposal services, whether or not the person owns the premises that he/she occupies.

(i)    “Organic waste” means food waste, green waste, landscape and pruning waste, nonhazardous wood waste and food soiled paper waste that is mixed with food waste.

(j)    “Premises” means individual residential premises or individual commercial premises, or both.

(k)    “Recyclable materials” means materials that have been separated from the solid waste stream prior to disposal and returned for use or reuse in the form of raw materials for new, used or reconstituted products, which meet the quality standard necessary to be used in the market place and that are not landfilled. Recyclable materials include, but are not limited to, plastic bottles and jars, paper, cardboard, glass, newspaper, and metal containers.

(l)    “Solid waste” means all putrescible and nonputrescible solid, semisolid, and liquid waste, including garbage, trash, refuse, paper, rubbish, yard waste, food scraps, ashes, industrial waste, construction and demolition waste, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge that is not hazardous waste, manure, vegetable or animal solid and semisolid waste, and other discarded solid and semisolid waste. This includes any material that has any recyclable content or value.

“Solid waste” does not include any of the following waste:

1.    Hazardous waste, as defined in this article.

2.    Radioactive waste regulated pursuant to the Radiation Control Law (California Health and Safety Code Section 114960 et seq., as may be amended).

3.    Medical waste regulated pursuant to the Medical Waste Management Act (California Health and Safety Code Section 117600 et seq., as may be amended). Untreated medical waste shall not be disposed of in a solid waste container or solid waste landfill, as defined in the Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be solid waste shall be regulated in accordance with this article.

4.    Electronic waste (e-waste) or any unwanted electrical device, including but not limited to televisions, computers, cell phones, radios, printers and speakers.

(m)    “Source separation” means the process of removing recyclable materials from solid waste at the place of discard generation, prior to collection, into separate containers that are designated for recyclable material, organics and trash.

(n)    “Special event” means any special event, regardless of size, sponsored by any commercial or nonprofit organization, group, or individual, which is held within the City of Monterey, and at which food and/or drinks are being provided for public consumption. This definition shall apply whether such food and/or drinks are prepared within or outside of the Monterey City limits. (Ord. 3518 § 2, 2015)

Sec. 14-1. Service Required; Collection.

(a)    The owner or occupant of each premises within the City, or the owner of any other premises upon which solid waste may be produced or accumulated, shall obtain and maintain adequate disposal service from the City, its agents, or its franchisee, and shall be liable for and shall pay the full amount of any and all fees or charges imposed for such services. The owner and occupant shall be jointly and severally liable for maintenance of and payment for the disposal services required herein. If a tenant, lessee, or other occupant fails to initiate or pay for disposal services, it shall be the responsibility of the property owner to initiate and pay for such services.

(b)    “Adequate disposal service” shall mean a sufficient number and/or capacity of solid waste containers to hold any accumulation of solid waste generated on the premises between times for collection. Collection shall occur on at least a weekly basis, or more frequently if required by the City and/or the franchisee.

(c)    No person shall place any solid waste into a solid waste container without permission of the owner or tenant of the property on which the container sits.

(d)    It shall be unlawful to hire any solid waste collection transporter besides the City’s franchisee.

1.    Exceptions.

i.    Residents and businesses may haul their own solid waste to a solid waste, recycling, or donation facility.

ii.    A business may haul the solid waste it generates as an ancillary service to the primary work provided by the business, including but not limited to landscaping, gardening, construction, and demolition companies.

iii.    Persons engaged in the business of destroying or disposing of secret, confidential or sensitive documents may transport and dispose of said documents as part of their services.

iv.    Donations of material, if the collecting agency does not receive monetary compensation.

(e)    Residential solid waste and recycling containers shall be placed for collection adjacent to the street prior to the scheduled time for pickup. Except when authorized by the City Manager upon a showing of reasonable necessity, no person shall leave any residential container or containers, or any other items for collection on specially designated collection dates, at the street curb or in any other place on the property visible from the street before 6:00 p.m. on the day prior to the day of pickup, or beyond 7:00 p.m. the day of collection.

(f)    Commercial containers shall not be stored on any public right-of-way or property, and shall be screened from public view, except on the day of pickup, and shall be returned to their stored location within two hours of pickup.

(g)    Containers for solid waste collection shall be placed in such a manner as to be safe and accessible to collection personnel.

(h)    No collection shall be made or commence in residential zones by the City, its agents, or franchisee, before the hour of 6:00 a.m. or after the hour of 5:00 p.m., except on order of the City Manager.

(i)    If an occupant and/or owner of any premises fail to procure the solid waste disposal services required herein or fail to pay for the required services, the City may initiate disposal services at the property and the cost thereof shall constitute a charge against the owner. If the charge or debt for said services has not been satisfied in full within 90 days, the City Manager shall recommend adoption of a resolution by the City Council imposing the debt, including the City’s administrative costs, as a lien or special assessment against the property in accordance with the procedures set forth in Article 3 of Chapter 1 of this code. (Ord. 3518 § 2, 2015; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009; Ord 3296, 7/01. Formerly 14-3)

Sec. 14-1.5. Storage of Solid Waste.

(a)    It shall be unlawful for any person to place, keep or deposit any solid waste, or other items for collection, on any street, alley, sidewalk, public way or any public or private property or premises except in a suitable container for collection, except for those items set out for collection on specially designated collection dates established by franchisee.

(b)    Small amounts of yard waste may, however, be kept in a small pile or as a compost heap out of general public view.

(c)    Solid waste must be maintained in such a manner that it does not create odor, vector, or litter impacts to the community or create a public or private nuisance.

(d)    All containers shall be stored out of public view and on the parcel that they are servicing except when placed out for collection.

(e)    The Planning Commission shall adopt standards for the construction or renovation of solid waste enclosures for commercial and multifamily dwellings consisting of five units or more, which standards shall be required as a condition of any building permit issued by the City. (Ord. 3518 § 2, 2015; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009; Ord 3296, 7/01. Formerly 14-1)

Sec. 14-2. Solid Waste Containers.

(a)    In General.

1.    Unless exempt, occupants of every premises shall maintain and utilize sufficient containers provided by the City’s franchisee with close-fitting lids and of sufficient capacity to hold any accumulation of solid waste generated between times for collection.

2.    Container lids must be closed fully at all times, including when containers are placed out for collection.

3.    Extra containers may be provided by occupants so long as each container does not exceed 32 gallons in capacity and does not exceed 65 pounds when full. The franchisee may impose additional charges for collecting extra containers.

4.    Containers must be maintained in a sanitary condition with lids closed and screened from public view.

(b)    Restaurants and Food Facilities.

1.    Each restaurant and facility preparing or serving food shall utilize appropriate equipment necessary to store or dispose of all food waste material.

2.    All food waste and solid waste containing food waste shall be kept in leak-proof and rodent-proof containers and shall be contained so as to minimize odor, insect or vector development by covering with close-fitting lids.

3.    All wet solid or food waste must be placed in a sealed plastic bag before being placed in a trash container.

4.    All food waste and solid waste shall be removed and disposed of in a sanitary manner as frequently as may be necessary to prevent the creation of a public or private nuisance. Waste storage areas of food facilities shall be kept clean and free of litter, uncontained solid waste, and vermin, and shall be free from noxious odors.

5.    No liquids shall be placed in waste containers. All nonhazardous liquid waste, including any liquid waste resulting from solid waste accumulation, storage, or from cleaning of solid waste containers in a storage area, must be discharged into the City sewer system.

(c) Excluded Items. It shall be unlawful for any person to store, place, keep, or deposit in any solid waste or recycling container, or collection of yard waste, any of the following:

1.    Dead animals.

2.    Cooking oil renderings.

3.    Fish and fish parts, except that residential occupants may dispose of up to 10 pounds of fish or fish parts when sealed in a plastic bag.

4.    Wearing apparel, bedding, equipment, instruments, utensils or other solid waste from any home or other place where any infectious or contagious disease is present.

5.    Medical waste, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients or laboratory animals) and any substance that may harbor or transmit pathogenic organisms.

6.    Hazardous waste, including household hazardous waste and materials including but not limited to motor oil, antifreeze, paints, solvents, and batteries.

7.    Liquid waste. All liquid waste shall be drained prior to placing waste in solid waste disposal containers.

8.    Electronic waste.

Disposal of such items may be made only in compliance with rules and regulations established by this article and the California Health and Safety Code. (Ord. 3518 § 2, 2015; Ord. 3424 § 1, 2009)

Sec. 14-3. Mandatory Recycling.

(a)    All commercial locations and all multifamily dwellings consisting of more than one unit must have a recycling program.

(b)    A recycling program must include the separation of recyclable materials from garbage, including but not limited to glass, plastics, cardboard, paper, metals and similar items to those that can be recovered by the City’s franchisee.

(c)    A recycling program must also include proper container signage and/or education materials for employees, tenants or other approved users that indicate how to properly separate waste materials.

(d)    The goal of the recycling program shall be to divert at least 50 percent of waste generated on site from being disposed as refuse designated for disposal in a landfill.

(e)    If the City’s franchisee is not utilized to meet the requirements of this section, the refuse account owner must provide written certification to the satisfaction of the City Manager that another system is in place for recovery and diversion of waste from the landfill. (Ord. 3518 § 2, 2015)

Sec. 14-3.1. Recovery of Organic Waste.

(a)    On and after April 1, 2016, a business that generates eight cubic yards or more of organic waste per week shall arrange for recycling services specifically for organic waste.

(b)    On and after January 1, 2017, a business that generates four cubic yards or more of organic waste per week shall arrange for recycling services specifically for organic waste.

(c)    On and after January 1, 2019, a business that generates four cubic yards or more of solid waste per week shall arrange for recycling services specifically for organic waste, unless the business does not generate organic waste.

(d)    On or after January 1, 2020, if CalRecycle, a State agency, determines that Statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during 2014, a business that generates two cubic yards or more per week of commercial solid waste shall arrange for organic waste recycling services, unless the business does not generate organic waste.

(e)    Organic waste recycling may be completed by any one of the following:

1.    Subscribe to organics collection services offered by the franchisee.

2.    Recycle or compost organic waste for use on site.

3.    Self-haul organic waste to a permitted location for recycling or composting.

4.    A landscaper may remove green waste on behalf of a business if the requirements of Section 14-1(d)(1)(ii) are met and the organic material is taken to a permitted recycling or composting facility.

(f)    The City may require written certification of adequate recycling practices from any business owner that chooses an organics recycling method other than subsection (e)(1) of this section.

(g)    The City may require written certification from any business owner that declares that his or her business does not produce organic waste. (Ord. 3518 § 2, 2015)

Sec. 14-4. Food Providers and Special Events.

(a)    Owners or managers of all food providers and special events must provide adequate solid waste collection service to their employees, contractors, customers and guests.

(b)    Owners or managers of food providers and special events that are expected to host more than 100 persons (including employees) must supply adequate solid waste collection, including appropriate containers, placed in appropriate locations, to make source separation of recyclable materials and refuse convenient for employees, contractors, customers and guests of the food provider or special event. The containers must:

1.    Be of adequate size and number based on the solid waste quantities reasonably anticipated to be generated at the location.

2.    Bear the appropriate signage and be color coded to identify the type of solid waste to be deposited, blue for recyclable material and brown/black for refuse, and meet any additional design criteria as determined by the City of Monterey.

3.    Be of sufficient quantity for the size of the event and placed in groups of at least two, including a refuse and recycling container, to provide equally convenient access to users.

(c)    Owners or managers of food providers and special events that are expected to host more than 100 persons must also provide information or training for employees or contractors on how to source separate refuse and recyclable material.

(d)    All food providers and special events shall comply with the environmentally acceptable food packaging (Article 3 of this chapter) and retail bag regulations (Article 4 of this chapter) of this code. (Ord. 3518 § 2, 2015)

Sec. 14-5. Unauthorized Collection of Recyclable Material and Other Items for Collection.

It shall be unlawful for any person, other than the customer, the City or its franchisee, to remove or take any items placed in solid waste containers for collection. (Ord. 3518 § 2, 2015; Ord 3296, 7/01. Formerly 14-7)

Sec. 14-6. Collection Charges.

Rates for collection of solid waste shall be established by resolution of the City Council.

(a)    Residential Service.

1.    All regular residential collection charges shall be due and payable tri-annually in advance on the first day of January, May and September of each year. All other charges shall be due and payable at the time collection is made.

2.    The charge for any service started during a billing cycle is payable in advance but will be prorated if stopped prior to the end of the paid period. Charges shall become delinquent if not paid within 25 days of the billing date.

3.    Delinquent accounts shall be subject to a penalty of 1.5 percent per month or $10.00, whichever is greater. Accounts paid one year in advance shall receive a discount of 10 percent.

(b)    Commercial Service.

1.    Commercial accounts shall be billed monthly in advance, and shall be due and payable on or before the first day of the billing month prior to which service is provided.

2.    Accounts shall become delinquent if not paid within 15 days of the time payment is due. Delinquent accounts shall be subject to a penalty of 1.5 percent per month or $10.00, whichever is greater. (Ord. 3518 § 2, 2015. Formerly 14-4)

Sec. 14-7. Suspension of Service.

(a)    The owner or occupant of any premises not producing or accumulating solid waste may request in writing from the City Manager a temporary suspension of service.

(b)    The City Manager may grant such suspension of service upon a showing that the services are not necessary.

(c)    The City Manager shall cause periodic inspections of premises with suspended service, and if it is found that solid waste is present or service needed, regular solid waste collection shall be resumed immediately. (Ord. 3518 § 2, 2015; Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009. Formerly 14-5)

Sec. 14-8. Enforcement and Penalties.

(a)    Penalty. Violation of any of the provisions of this article shall be punishable by any criminal, civil, or administrative means as set forth in Section 1-7.

(b)    Notwithstanding any other legal remedy, violation of any of the provisions of this article shall constitute a public nuisance and shall be subject to abatement, injunction or other civil remedy as appropriate. (Ord. 3518 § 2, 2015)

ARTICLE 2.
WEED AND RUBBISH ABATEMENT.

Sec. 14-10. Public Nuisance.

No owner, agent, lessee, or other person occupying or having charge or control of any building, lot or premises within the City shall permit weeds to remain upon the premises, public sidewalks, streets or alleys between the premises and the centerline of any public street or alley.

“Weeds,” as used in this Article, means all weeds growing upon streets, alleys, sidewalks or private property in the City and includes any of the following:

(a)    Weeds which bear or may bear seeds of a downy or wingy nature.

(b)    Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property.

(c)    Weeds which are otherwise noxious or dangerous.

(d)    Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to public health.

(e)    Accumulation of garden refuse, cuttings and other combustible trash.

Every property owner shall remove or destroy such weeds from his property and in the abutting half of any street or alley between the lot lines as extended.

This Article 3, Chapter 14, of this Code, is enacted for the purpose of providing for the summary abatement of such public nuisances under the provisions of Section 38773.5 of the Government Code of the State of California.

Sec. 14-11. Notice to Abate Nuisance.

Whenever any such weeds accumulate to the point that they become a public nuisance, the Public Works Director shall give notice to the owner of the property on which the nuisance exists in conformity with Section 14-10 hereof that, unless the nuisance is abated within ten days by the destruction or removal of the weeds, the work of abating the nuisance will be done by the City authorities or a contractor designated by the Public Works Director, the expense thereof assessed upon the lots and lands from which, and/or in the front and rear of which, weeds have been destroyed or removed. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 14-12. Appeal.

A property owner may appeal the determination that the weeds on or about his/her property constitute a public nuisance to the City Council, upon payment of a fee in an amount to be set by resolution. Staff shall give five days notice to the property owner of a hearing on the matter and the City Council shall render its decision within ten days of the hearing on the appeal. Failure to render a decision in that time shall constitute a granting of the appeal.

Sec. 14-13. Removal by City Authorities.

If the weeds constituting a nuisance have not been removed within ten days of the giving of notice thereof, as provided in Section 14-11 hereof, or in the event of an appeal under Section 14-12, within ten days of the decision of the City Council confirming the determination of the Public Works Director, then the Public Works Director, his assistants or City employees, contracting agents or other representatives, shall enter upon the private property on which the nuisance exists for the purpose of abating the nuisance. The abatement shall be done by spraying, discing and mowing unless it is determined by the Public Works Director that such a procedure is impractical. It is unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the Public Works Director or City employees or contracting agents to enter upon the premises for the purpose of abating the nuisance. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

Sec. 14-14. Charging Cost of Weed Clearance. (Ord 3365, 11/05)

Within 30 days after abatement of the nuisance, the Public Works Director shall notify the owner of the property, as shown on the last equalized assessment roll, of the cost of abatement, which shall include all costs relating to the abatement and administrative costs incurred by the City.

The owner may file a written protest objecting to the amount of the assessment with the City Clerk within 30 days of the date of the notification of costs. The City Clerk shall set the matter for a public hearing by the City Council. The decision of the Council shall be final. Failure to timely protest the amount of the abatement as provided herein shall constitute a failure to exhaust administrative remedies and no further appeal rights shall be granted.

If such costs are not paid within ninety days of the date of notification of the cost of abatement, or if the determination of the City Council as set forth above has not been successfully challenged by a timely writ of mandate, the obligation may constitute a lien or, in the alternative, a special assessment against the property on which the violation occurred.

The lien or special assessment shall be imposed as provided in Article 3 of Chapter 1 of the Monterey City Code, Sections 1-12 through 1-12.3 inclusive. (Ord. 3472 § 1, 2012; Ord. 3424 § 1, 2009)

ARTICLE 3.
ENVIRONMENTALLY ACCEPTABLE FOOD PACKAGING.*

*    Code reviser’s note: Section 4 of Ord. 3426 states: “This ordinance shall take effect six months from and after its final passage and adoption, in order to allow vendors to use up any remaining stock of prohibited product. This ordinance shall become mandatory on the first day of the month following this six-month voluntary period.”

Sec. 14-15. Definitions.

Unless otherwise expressly stated, whenever used in this Article the following terms shall have the meanings set forth below:

(a)    “Affordable” means that a biodegradable, compostable or recyclable product may cost up to 15 percent more than the purchase cost of the non-biodegradable, non-compostable or non-recyclable alternative(s).

(b)    “ASTM standard” means meeting the standards of the American Society for Testing and Materials (ASTM) International Standards D6400 or D6868 for biodegradable and compostable plastics, as those standards may be amended.

(c)    “Biodegradable” means the ability of organic matter to break down from a complex to a more simple form.

(d)    “City facility” means any building, structure or vehicle owned and operated by the City of Monterey, its agents, agencies, and departments.

(e)    “City contractor” means any person or entity that has a contract with the City of Monterey for work or improvement to be performed, for a franchise, concession, for grant monies, goods and services, or supplies to be donated or to be purchased at the expense of the City.

(f)    “Compostable” means all the materials in the product or package will break down, or otherwise become part of usable compost (e.g., soil-conditioning material, mulch) in a safe and timely manner. Compostable disposable food service ware must meet ASTM standards for compostability and any bio-plastic or plastic-like product must be clearly labeled, preferably with a color symbol, to allow proper identification such that the collector and processor can easily distinguish the ASTM standard compostable plastic from non-ASTM standard compostable plastic.

(g)    “Director” shall mean the Public Works Director, or his/her designee.

(h)    “Disposable food service ware” means single-use disposable products used in the restaurant and food service industry for serving or transporting prepared ready-to-consume food or beverages. This includes but is not limited to plates, cups, bowls, trays and hinged or lidded containers. This does not include single-use disposable items such as plastic straws, cup lids, or utensils.

(i)    “Food provider” means any vendor located or providing food within the City of Monterey which provides prepared food for public consumption on or off its premises and includes without limitation any store, shop, sales outlet, restaurant, grocery store, supermarket, delicatessen, catering truck or vehicle, or any other person who provides prepared food; and any organization, group or individual which regularly provides food as a part of its services.

(j)    “Person” means an individual, business, event promoter, trust, firm, joint stock company, corporation, non-profit, including a government corporation, partnership, or association.

(k)    “Polystyrene foam” means and includes expanded polystyrene that is a thermoplastic petrochemical material utilizing a styrene monomer and processed by any number of techniques including, but not limited to, fusion of polymer spheres (expandable bead polystyrene), injection molding, form molding, and extrusion-blow molding (extruded foam polystyrene). To include but not limited to polystyrene foam plate, bleached paperboard plate with low density polyethylene coating and bleached paperboard plate with polystyrene coating.

(l)    “Prepared food” means food or beverage prepared for consumption on the food provider’s premises, using any cooking or food preparation technique. This does not include any raw uncooked meat, poultry, fish or eggs unless provided for consumption without further food preparation. It is a policy goal of this City to encourage supermarkets and other vendors to eliminate the use of polystyrene foam for packaging unprepared food.

(m)    “Recyclable” means any material that is accepted by the City or special district recycling program, including, but not limited to, paper, glass, aluminum, cardboard and plastic bottles, jars and tubs. Recyclable plastics comprise those plastics coded with the recycling symbols No. 1 through No. 5.

(n)    “Retail food establishment” shall include, but is not limited to, any place where food is prepared to include any fixed or mobile restaurant, drive-in, coffee shop, public food market, produce stand, or similar place where food or drink is prepared for sale or for service on the premises or elsewhere.

(o)    “Special event” means any special event, regardless of size, sponsored by any commercial or non-profit organization, group, or individual, which is held within the City of Monterey and at which food and/or drinks are being provided for public consumption. This definition shall apply whether such food and/or drinks are prepared within or outside of the Monterey City limits. (Ord. 3472 § 1, 2012)

Sec. 14-16. Prohibited Disposable Food Service Ware.

(a)    Food providers within the City of Monterey shall not provide prepared food in any disposable food service ware that contains or utilizes polystyrene foam.

(b)    Disposable food service ware that contains polystyrene foam is prohibited from use in all City of Monterey facilities.

(c)    Promoters and participants of special events as defined in this Article are prohibited from providing prepared food in any disposable food service ware that contains or utilizes polystyrene foam.

(d)    The prohibition of disposable food service ware containing or utilizing polystyrene foam shall also apply to all City of Monterey contractors in the performance of City of Monterey contracts and special events sponsored by the City.

(e)    It shall also be a policy goal of the City that business establishments located outside the City limits, but that may sell their products within the City of Monterey, shall not package any food product in any package that contains or utilizes polystyrene foam. The City of Monterey shall promote and encourage, on a voluntary basis, the elimination of all polystyrene foam disposable food service ware by these outside business establishments.

Sec. 14-17. Required Biodegradable, Compostable, or Recyclable Disposable Food Service Ware.

(a)    All food providers within the City of Monterey utilizing disposable food service ware shall use only biodegradable, compostable or recyclable products, unless there is no affordable alternative available as determined by the Director.

(b)    All City of Monterey facilities utilizing disposable food service ware shall use only products that are biodegradable, compostable or recyclable.

(c)    All promoters and participants in special events utilizing disposable food service ware shall use only products that are biodegradable, compostable or recyclable.

(d)    City of Monterey contractors and promoters or participants in City-sponsored special events utilizing disposable food service ware shall also be required to use only biodegradable, compostable, or recyclable products while performing under a City of Monterey contract or permit.

Sec. 14-18. Exemptions for Biodegradable, Compostable, or Recyclable Food Service Ware.

(a)    There are no exemptions that allow for the use of polystyrene foam disposable food service ware by food providers within the City of Monterey.

(b)    The City of Monterey may exempt a food provider from the requirements set forth in Sections 14-16 and 14-17 of this Article for a non-renewable, one-year period upon the food provider showing, in writing, that this Article would create an undue hardship or practical difficulty not generally applicable to other persons in similar circumstances. The Director shall prepare a written decision to grant or deny a one-year exemption, which decision shall be final.

(c)    An exemption application shall include all information necessary for the Director to make a decision, including but not limited to documentation showing factual support for the claimed exemption. The applicant may be required to provide additional information.

(d)    The Director may approve the exemption application in whole or in part, with or without conditions.

(e)    Foods prepared or packaged outside the City of Monterey and sold inside the City are exempt from the provisions of this Article except for those foods prepared or packaged in connection with a special event held within the City. Other purveyors of food prepared or packaged outside the City are encouraged to follow the provisions of this Article as it is a policy goal of this City to eliminate the use of polystyrene foam for packaging unprepared food.

Sec. 14-19. Enforcement and Notice of Violation.

(a)    The remedies provided by this Article are cumulative and in addition to any other remedies available at law or in equity.

(b)    Violations of this Article shall be prosecuted as misdemeanors, punishable as set forth in Section 1-7 of this code. In addition, each and every such violation shall be subject to the administrative citation process set forth in Article 2, Chapter 1, of this code.

(c)    In addition to the remedies set forth above, the City Attorney may seek legal, injunctive, or any other relief to enforce the provisions of this Article.

(d)    The Director shall be responsible for enforcing this Article and shall have authority to issue citations for violations.

(e)    The Director, in accordance with applicable law, may inspect any vendor or food provider’s premises to verify compliance.

(f)    Food vendors shall state that they are in compliance with this Article on their annual business license renewal forms.

Sec. 14-20. Penalties and Fines for Violations.

Violations of this Article shall be enforced as follows:

(a)    For the first violation, a written warning shall be issued to the food provider specifying that a violation of this Article has occurred, and which further notifies the food provider of the appropriate penalties to be assessed in the event of future violations. The food provider will have 30 days to comply.

(b)    Upon failure of the food provider to comply within the 30-day period set forth in subsection (a) of this section, the City may pursue enforcement of this Article utilizing any of the remedies set forth in Section 14-19.

(c)    If issuance of an administrative citation is deemed to be the appropriate enforcement method, such citation shall issue following the failure of the food provider to comply within the 30-day notice period set forth in subsection (a) of this section. The fine amount shall be set forth in the City’s Administrative Fine Resolution. In lieu of said fine, the City may allow the violator to submit receipts demonstrating the purchase of at least $100 worth of biodegradable, compostable, or recyclable products after the citation date, as an alternative disposable food service ware for the items which led to the violation.

(d)    Following the issuance of a first administrative citation, second and subsequent violations of this Article shall result in the issuance of additional administrative citations. The fine amounts of these subsequent violations shall be as set forth in the City’s Administrative Fine Resolution.

(e)    Food providers who violate this Article in connection with special events, as defined in this Article, shall be assessed a graduated administrative fine which shall increase in amount depending upon the number of persons attending said special event. The amount of the graduated administrative fine shall be established and set forth in the City’s Administrative Fine Resolution. (Ord. 3426 § 2, 2009)

ARTICLE 4.
RETAIL BAG REGULATIONS (Ord. 3471, 12/11)

Sec. 14-21. Requirements.

After six months from the ordinance codified in this Article’s final passage and adoption, the following will be required:

(a)    No retail establishment that sells perishable or nonperishable goods including, but not limited to, clothing, food, and personal items directly to the customer shall provide a single-use carryout bag to a customer at the check stand, cash register, point of sale or other point of departure for the purpose of transporting food or merchandise out of the establishment except as provided in this Section. A reusable bag or a recycled bag may be provided to the customer, pursuant to this Section.

(i)    A “single-use carryout bag” is defined as a bag, other than a reusable bag or recycled bag, provided at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting food or merchandise out of the establishment. Single-use carryout bags do not include bags, a maximum of 11 inches by 17 inches, without handles provided to the customer (1) to transport produce, bulk food or meat from a product, bulk food or meat department within a store to the point of sale; (2) to hold prescription medication dispensed from a pharmacy; or (3) to segregate food or merchandise that could damage or contaminate other food or merchandise when placed together in a bag.

(ii)    A “reusable bag” is defined as a bag made of cloth or other machine washable fabric that has handles, or a durable plastic bag with handles that is at least 2.25 mils thick and is specifically designed and manufactured for multiple reuse.

(iii)    A “recycled paper bag” is defined as a bag that contains no old growth fiber and a minimum of 40 percent post-consumer recycled content, is 100 percent recyclable, and has printed in a highly visible manner on the outside of the bag the words “reusable” and “recyclable,” the name and location of the manufacturer, and the percentage of post-consumer recycled content.

(b)    Public eating establishments, defined as restaurants, take-out food establishments, or any other business that receives 90 percent or more of its revenue from the sale of food which is prepared on the premises, to be eaten on or off its premises, are not considered retail establishments for the purpose of this Article.

(c)    Nonprofit charitable re-users, which is a charitable organization as defined in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of the charitable organization, that re-uses and recycles donated goods or materials and receives more than 50 percent of its revenues from the handling and sale of those donated goods or materials, are not considered retail establishments for the purpose of this Article.

(d)    Six months from the ordinance codified in this Article’s final passage and adoption, a retail establishment may make available for sale to a customer a recycled paper bag for a minimum charge of $0.10. Twelve months from the ordinance codified in this Article’s final passage and adoption, a retail establishment shall raise the cost it charges a customer for a recycled paper bag to a minimum charge of $0.25. A retail establishment may also make available to the customer, a reusable bag.

(e)    Notwithstanding this Section, when a recycled paper bag is distributed to the customer, the amount of the sale of the recycled paper bag shall be separately itemized on the sales receipt.

(f)    A retail establishment may provide a customer participating in the California Special Supplement Food Program, for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code; and a customer participating in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the California Welfare and Institutions Code, with one or more recycled paper bags at no cost or reusable bags. (Ord. 3471, 2011)

Sec. 14-22. Recordkeeping and Inspection.

All retail establishments shall keep complete and accurate records or documents of the purchase and sale of any recycled paper bag by the retail establishment, for a minimum period of one year from the date of purchase and sale, which record shall be available for inspection at no cost to the City during regular business hours by any City employee authorized to enforce this Section. Unless an alternative location or method of review is mutually agreed upon, the records or documents shall be available at the retail establishment address. The provision of false information, including incomplete records or documents, to the City shall be a violation of this Section. (Ord. 3471, 2011)

Sec. 14-23. Enforcement and Notice of Violation.

The remedies provided by this Article are cumulative and in addition to any other remedies available at law or in equity. (Ord. 3471, 2011)

Sec. 14-24. Penalties and Fines for Violations.

(a)    For the first violation, a written warning shall be issued to the provider specifying that a violation of this Article has occurred, and which further notifies the provider of the appropriate penalties to be assessed in the event of future violations. The provider will have 14 days to comply.

(b)    Upon failure of the provider to comply within the 14-day period set forth in subsection (a) of this section, the City may pursue enforcement of this Article utilizing any of the remedies set forth in the City’s Administrative Fine Resolution.

(c)    Providers who violate this Article in connection with special events, as defined in this Article, shall be assessed a graduated administrative fine which shall increase in amount depending upon the number of persons attending said special event. The amount of the graduated administrative fine shall be established and set forth in the City’s Administrative Fine Resolution. (Ord. 3471, 2011)