Chapter 8.07
PLASTIC BOTTLED BEVERAGES AND WATER BOTTLE FILLING STATIONS

Sections:

8.07.010    Definitions.

8.07.020    Sale/distribution of single-use plastic bottled beverages (under twenty-one ounces) on city property restricted.

8.07.030    New leases, permits, and agreements.

8.07.040    Restricting use of city funds.

8.07.050    Increasing availability of public drinking water.

8.07.060    Exceptions.

8.07.070    Implementation and enforcement.

8.07.010 Definitions.

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

A. “Bottled beverage” means drinking water, sparkling water, enhanced water, soda, sport drinks, juice, or other similar product in a rigid plastic bottle having a capacity of twenty-one fluid ounces or less, and intended primarily as a single-service container.

B. “City property” means real property, including buildings thereon, owned or leased by the city of San Luis Obispo (“city”), and in the city’s possession or in the possession of any entity under contract with the city. This includes but is not limited to city offices and facilities, plazas, parks, and public right-of-way (sidewalks and streets).

C. “City street” means the public right-of-way (e.g., streets, sidewalks, public alleys).

D. “Event” means any activity which requires a permit pursuant to Chapter 5.80 or Section 12.20.050(C) with three hundred or more persons in attendance or any event which requires a permit pursuant to Chapter 5.80 or Section 12.20.050(C) which is located at Mission Plaza or the Jack House.

E. “Participant athletic event” means an event in which a group of people collectively walk, jog, run, bicycle or otherwise participate in a sport or similar activity on city property.

F. “Rigid plastic bottle” means any formed or molded container made of predominantly plastic resin, having a relatively inflexible fixed shape or form, and intended primarily as a single-service container. (Ord. 1641 § 3 (part), 2017)

8.07.020 Sale/distribution of single-use plastic bottled beverages (under twenty-one ounces) on city property restricted.

A. On or after March 1, 2018, no person may sell or distribute bottled beverages at an event held indoors or outdoors on city property.

B. In the event that containers greater than twenty-one ounces in size are utilized, single-use containers (e.g., single-use plastic cups) may not be used in the serving of beverages. The use of reusable containers is required. (Ord. 1641 § 3 (part), 2017)

8.07.030 New leases, permits, and agreements.

On or after March 1, 2018, the city shall not issue any new leases, contracts, permits, bid proposals, solicitations, or other form of agreement allowing use of city property for purposes that would include the sale/distribution of bottled beverages. This provision shall apply to any such permit renewed, extended, or materially amended as of March 1, 2017. (Ord. 1641 § 3 (part), 2017)

8.07.040 Restricting use of city funds.

A. City funds shall not be used to purchase bottled beverages except as exempted or allowed under this chapter. The city’s purchasing policies shall be amended for consistency with this chapter.

B. It shall be city policy not to have drinking water systems in city offices/facilities that use bottled beverages of any size where sufficient alternatives exist and are feasible. City offices/facilities shall conform drinking water systems to this policy where reasonable. (Ord. 1641 § 3 (part), 2017)

8.07.050 Increasing availability of public drinking water.

A. It shall be city policy to increase the availability of drinking water for public consumption in public areas by ensuring access to drinking fountains, potable water hook-ups, and with particular emphasis on providing water bottle filling stations. City departments will take all reasonable and appropriate steps to promote and facilitate achievement of the intent and requirements of this chapter.

B. It shall be city policy that capital improvement projects in a park, plaza, playground, or other public space shall install devices that provide appropriate availability of drinking water for public consumption such as water bottle filling stations, drinking fountains, and/or potable water hook-ups for public use, if the department finds the installation is proximate and feasible with the scale and scope of the project.

C. It shall be city goal to encourage the inclusion of water bottle filling stations for public use in privately owned developments. (Ord. 1641 § 3 (part), 2017)

8.07.060 Exceptions.

A. The provisions of this chapter shall not apply where the city manager or department finds that relying on bottled beverages (e.g., bottled water) is necessary in a given situation to protect the public health, safety and welfare, and no reasonable alternative will serve the same purpose.

B. The provisions of this chapter shall not apply to emergencies.

C. The city manager or designee responsible for permitting an event or issuing a lease on city property may waive the requirements of this chapter in full or in part if it is demonstrated to the satisfaction of the city manager or designee that strict compliance would not be feasible, would create undue hardship or practical infeasibility, or that other reasonable circumstances warrant waiving the requirements of this chapter.

D. The provisions of this chapter shall not apply where there are hydration requirements for employees working outside (i.e., fieldwork) and no reasonable alternative to plastic beverage bottles will serve the same purpose.

E. The provisions of this chapter shall not apply to the sale/distribution of bottled beverages to participants of a participant athletic event.

F. The provisions of this chapter do not apply to an event where the applicant submitted a complete application for review, or received approval, prior to the effective date of the ordinance codified in this chapter.

G. Nothing in this chapter shall be construed to impair a lease, contract, permit, bid proposal, solicitation, or other form of agreement to which the city is a party on the effective date of the ordinance codified in this chapter. (Ord. 1641 § 3 (part), 2017)

8.07.070 Implementation and enforcement.

A. Prior to March 1, 2018, the city and departments issuing permits and/or other agreements shall take appropriate steps to update application checklists and other materials as well as educate and inform the public about the requirements of this chapter.

B. In addition to any other remedy available, any violation of the provisions of this chapter by any person is subject to the following administrative fines pursuant to the procedures of Chapter 1.24:

1. A fine not to exceed two hundred dollars for an event of one to two hundred persons;

2. A fine not to exceed four hundred dollars for an event of two hundred one to four hundred persons;

3. A fine not to exceed six hundred dollars for an event of four hundred one to six hundred persons; and

4. A fine not to exceed one thousand dollars for an event of six hundred or more persons. (Ord. 1641 § 3 (part), 2017)