Chapter 4.175
POLYSTYRENE AND PLASTIC FOOD PACKAGING REGULATIONS
Sections:
4.175.040 Plastic single-use foodservice ware ban.
4.175.050 Single-use plastic water bottle ban.
4.175.060 Enforcement and violation – Penalty.
4.175.010 Purposes.
The purpose of this chapter is to regulate the use of certain single-use expanded polystyrene and plastic products in order to reduce and prevent the presence of this type of litter in the environment and prevent this type of litter, including microplastics, from polluting Lake Tahoe and to promote environmentally sustainable practices that limit the amount of waste and greenhouse gases produced in the city of South Lake Tahoe. (Ord. 1117 § 3; Ord. 1166 § 1)
4.175.020 Definitions.
“Expanded polystyrene” or “EPS” means a foam material made of blown polystyrene, and expanded and extruded foams (sometimes called Styrofoam) which are thermoplastic petrochemical materials utilizing a styrene monomer which is often used to hold prepared food.
“Expanded polystyrene products” means any items such as coolers, ice chests, cups, bowls, plates, clamshell containers, shipping boxes, packing peanuts, packaging materials or any other merchandise made from expanded polystyrene that is not wholly encapsulated or encased by a more durable material.
“Food provider” generally means any vendor, business, organization, entity, group, or individual that offers food or beverages to the public for consumption on or off premises, regardless of whether there is a charge for the food. “Food provider” typically includes restaurants, retail food establishments, caterers, cafeterias, stores, shops, sales outlets, grocery stores, delicatessens, itinerant restaurants and mobile food vendors.
“Plastic” means a synthetic or semisynthetic material chemically synthesized by the polymerization of organic substances that can be shaped into various rigid and flexible forms, and includes coatings and adhesives, and includes, without limitation, polyethylene terephthalate (PET), high density polyethylene (HDPE), polyvinyl chloride (PVC), low density polyethylene (LDPE), polypropylene (PP), polystyrene (PS), polylactic acid (PLA), and aliphatic biopolyesters, such as polyhydroxyalkanoate (PHA) and polyhydroxybutyrate (PHB). “Plastic” does not include natural rubber or naturally occurring polymers such as proteins or starches.
“Prepared food” means any food, including beverages, which is served or prepared for consumption, including ready-to-eat and takeout food. “Prepared food” does not include raw, butchered meats, fish and/or poultry sold from a butcher case or similar food establishment.
“Single-use” means designed to be used once and then discarded, and not designed for repeated use and sanitizing.
“Single-use foodservice ware” means all of the following single-use items containing or provided alongside prepared food: cups, bowls, plates, trays, cartons, clamshell containers, cup lids, utensils (forks, knives, spoons, and sporks), chopsticks, condiment cups and packets, straws, stirrers, splash sticks, and cocktail sticks.
“Single-use plastic water bottle” means a single-use plastic container of less than one gallon containing nonsparkling, unflavored drinking water.
“Vendor” means any store or business which sells or offers goods or merchandise, located or operating within the city of South Lake Tahoe, including those referenced in “Food provider.” (Ord. 1117 § 3; Ord. 1166 § 1)
4.175.030 Polystyrene ban.
A. No food provider shall sell or otherwise provide prepared food in EPS single-use foodservice ware.
B. No vendor shall sell or otherwise provide EPS foodservice ware or expanded polystyrene products.
C. No person shall distribute EPS foodservice ware or expanded polystyrene products at a city facility or city-affiliated event, and all city concessionaires, lessees, licensees, and permittees for facility use, special events, and temporary activities shall comply with this section. No city funds shall be used to purchase expanded polystyrene products.
D. Products made from expanded polystyrene which are wholly encapsulated or encased by a more durable material are exempt from the provisions of this section. Examples include surfboards, life preservers, and craft supplies which are wholly encapsulated or encased by a more durable material, and coolers encased in hard plastic. (Ord. 1117 § 3; Ord. 1166 § 1)
4.175.040 Plastic single-use foodservice ware ban.
No food provider shall sell or otherwise provide plastic single-use foodservice ware except upon request. (Ord. 1117 § 3; Ord. 1166 § 1)
4.175.050 Single-use plastic water bottle ban.
A. Effective April 22, 2023, no person shall distribute single-use plastic water bottles at a city facility or city-affiliated event, and all city concessionaires, lessees, licensees, and permittees for facility use, special events, and temporary activities shall comply with this section. No city funds shall be used to purchase single-use plastic water bottles.
B. Effective April 22, 2024, no vendor shall sell single-use plastic water bottles in the city of South Lake Tahoe.
C. The provisions of this section shall not apply in cases of emergency or other city situations where the city manager finds that relying on single-use plastic water bottles is necessary to protect the public health, safety, and welfare, and no reasonable alternative would serve the same purpose, including lack of available potable water due to a natural disaster. (Ord. 1117 § 3; Ord. 1166 § 1)
4.175.060 Enforcement and violation – Penalty.
A. A violation of any provision of this chapter by any person, food provider or vendor is subject to the following administrative fines, which shall be appealable pursuant to the procedures in Chapter 2.30 SLTCC.
1. A fine not exceeding $100.00 for a first violation.
2. A fine not exceeding $200.00 for a second violation of this chapter within one year.
3. A fine not exceeding $500.00 for each additional violation of this chapter within one year.
B. In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including but not limited to administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
C. The city is the authorized enforcement agency for violations of Chapter 5.2 of Part 3 of Division 30 of the California Public Resources Code (Single-Use Foodware Accessories and Condiments). Such violations are subject to a fine of $25.00 for each day in violation not exceeding $300.00 per year, which shall be appealable pursuant to the procedures in Chapter 2.30 SLTCC. (Ord. 1117 § 3; Ord. 1166 § 1. Formerly 4.175.070)
4.175.070 Severability.
If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid or ineffective by any court of competent jurisdiction, or by reason of any preemptive legislation, that invalidity shall not affect the validity of the remaining provisions of this chapter. The city council declares that it would have passed this chapter and each section, subsection, subdivision, sentence, clause and phrase, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases or words be declared invalid. (Ord. 1117 § 3; Ord. 1166 § 1. Formerly 4.175.080)