Chapter 8.24
USE OF NONBIODEGRADABLE PACKAGING MATERIALS

Sections:

8.24.010    Definitions.

8.24.020    Prohibition.

8.24.030    Exemptions.

8.24.040    Rules and regulations.

8.24.050    Penalties.

8.24.010 Definitions.

A. “Biodegradable materials” means those made of cellulose-based or other substances that are capable of being readily attacked, decomposed, assimilated, and otherwise completely oxidized or broken down by bacteria or other natural biological organisms into carbonaceous soil material or water and carbon dioxide within a reasonable period of time.

B. “Nonbiodegradable materials” means those made in whole or in part of polystyrene plastic.

C. “Packaging” means all food-related wrappings, boxes, containers and disposable or nonreusable plates, cups, or drinking utensils.

D. “Retail food establishment” means all sales outlets, stores, shops or other places of business located within the city, which sell or convey foods directly to the ultimate consumer. “Retail food establishment” shall include, but not be limited to, any place where food is prepared, mixed, cooked, baked, smoked, preserved, bottled, packaged, handled, stored, manufactured, and sold or offered for sale, including, but not limited to, any fixed or mobile restaurant; drive-in; coffee shop; cafeteria; short-order cafe; delicatessen; luncheonette; grill; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; take out prepared food establishment; industrial feeding establishment; catering kitchen; commissary; grocery store; public food market; food stand; or similar place in which food or drink is prepared for sale or for service on the premises or elsewhere; and any other establishment or operation, including homes, where food is processed, prepared, stored, served or provided for the public for charge. (Ord. 89-03 § 1, 1989)

8.24.020 Prohibition.

A. No retail food establishment licensed to do business or required to be licensed within the city shall sell or convey food directly to ultimate consumers within the city unless such food is placed, wrapped, or packed in biodegradable packaging at the conclusion of a sales transaction for the purchase of such food.

B. No retail food establishment licensed to do business or required to be licensed within the city shall sell, give, or provide food containers to any persons within the city if such food container is composed of nonbiodegradable materials. (Ord. 89-03 § 2, 1989)

8.24.030 Exemptions.

BIMC 8.24.020 shall not apply to the following items:

A. Any flexible transparent covering;

B. Any food packaging used at hospitals, nursing homes;

C. Any paper or other cellulose-based packaging that is coated with polyethylene plastic on only one side, or wax coated;

D. Any plastic covers, covering material, food containers, or lids that are biodegradable;

E. Any glass container or glass packaging which is recyclable;

F. Any plastic bags dispensed at the request of a customer at the check-out counter of a grocery store for the purpose of carrying groceries, provided that paper bags are customarily dispensed for that purpose;

G. Plastic eating utensils, such as forks, knives or spoons, straws, or beverage container covers; and

H. Any foods sold by a retail food establishment packaged by a wholesale distributor, manufacturer, processor, bakery or similar wholesaler whose premises is located outside the city; provided, not more than 10 percent of the total volume of food sold at the retail food establishment is packaged in nonbiodegradable packaging. (Ord. 89-03 § 3, 1989)

8.24.040 Rules and regulations.

The city manager charged with the enforcement of this chapter shall be authorized from time to time to adopt reasonable rules and regulations for its implementation, which shall be consistent with these provisions. (Ord. 2009-21 § 30, 2009: Ord. 89-03 § 4, 1989)

8.24.050 Penalties.

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $500.00, or be imprisoned in the county jail for a period not exceeding six months, or be both so fined and imprisoned. Each such violation committed or permitted to continue shall constitute a separate offense and shall be punishable as such under this section. (Ord. 89-03 § 6, 1989)